CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand
SESSION VII. TO SESSION XII.
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, May 11th, 1840, and following Days.
Before the Right Honourable Sir CHAPMAN MARSHALL , Knt., LORD MAYOR of the City of London; Sir Edmund Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer: Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Anthony Brown, Esq.; Sir Peter Laurie, Knt.; Sir John Cowan, Bart.; Thomas Wood, Esq.; John Lainson, Esq.; William Magnay, 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 Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
MARSHALL, MAYOR. SEVENTH 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, May 11th, 1840.
First Jury, Before Mr. Common Sergeant.
JULIUS BUTCHER . I was cabin-boy on board the brig Harriet, in 1837—we had half a side of bacon on board—I had seen it safe one morning in September—the vessel was just coming up the river—three men came on board, who I should know again—I am quite sure the prisoner was one of them—I have never Seen him since—I saw them take the pork, put it into their boat, cover it with a handkerchief and row away—the Custom-house officer was near, and saw them—the captain was not on board, and the sailors were busy at the time—I was on deck minding the ship—the steward was down stairs—I had all the things in the ship in my charge—the pork belonged to the captain, William Burls—I am almost sure the prisoner is the man—I am quite sure he is.
JOHN WHITE (police-sergeant K 2.) I was before the Magistrate when the prisoner was examined, in April last—Beal, who apprehended him, is not here—I know Mr. Broderip's hand-writing—(looking at the examination)—this is it—I heard the prisoner make this statement, it was read over to him before he signed it—read—The prisoner says, "I was there certainly,"
Prisoner's Defence. I went on board the ship with the other two men to get tide-work; I asked the pilot if he wanted any hands to get the ship into dock; he said, "No," and I got into the boat again—during this time the waterman rowed out into the stream; he had the meat in the boat, and he put me on shore—I did not know it was taken till I got into the boat.
JULIUS BUTCHER re-examined. This was about two years and a half ago—I did not see the prisoner take the pork—he was in the boat while the pork was handed down—we hallooed after the men, and they rowed off as fast as they could—I saw the pork taken—I was by the galley at the time—the men bad been on board about a quarter of an hour—they had no business there.
NOT GUILTY .
1312. HARRIET SAWKINS was indicted for stealing, on the 31stof March, 1 apron, value 1s.; 1 bed-gown, value 5s.; 1 shift, value 5s.; and 1 handkerchief, value 3s.; the goods of Rudolph Guyar, her master.
Cross-examined by MR. PHILLIPS. Q. How long have you known her? A. About three months.
EDWARD SLARK . I am a policeman. I took the prisoner into custody, in consequence of information—the searcher gave me two keys—I went to her lodging, opened her box with them, and found the property there.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 53.— Confined One Month.
1313. JOHN HILL was indicted for stealing, on the 23rd of April, 1 bit, value 1s.; 1 bridle, value 1s.; 1 kirting-strap, value 1s.; 1 bellyband, value 1s.; 1 crupper, value 2d.; and 1 horse-shoe, value 1d.; the goods of Thomas Smith.
THOMAS WILKES . I am groom to Thomas Smith, of Cowley-mill, Hillingdon. I saw these articles safe on Thursday, the 23rd of April—they were brought to me—they belong to Thomas Smith—I had seen them on the premises that day.
Cross-examined by MR. HORRY. Q. The articles are rather old, are they not? A. Yes, they had hung up in the stable for three months, and had not been used, as we had got fresh harness—I had sold the prisoner two bundles of horse-hair that day for 3d.—it was not Mr. Smith's, it was my own—I combed it out of Mr. Smith's horse—I told Mr. Smith of that—I kept the 3d. myself—there was no talk between the prisoner and me about the harness—the prisoner went out of the stable with me, and I thought he went out of the yard, but I did not see him go out—I cannot say whether he came back—it was about half-past two o'clock.
GEORGE FELTHAM . I am a policeman. About half-past seven o'clock, on the evening of the 23rd of April, I was between Cowley and Drayton, near the railway bridge, and met the prisoner carrying this bag on his back—it appeared rather bulky and heavy—I said, "What have you in the bag"—he said "Nothing but a few rags and bones"—I said, "You have something more than rags and bones here"—he said, "There are tome bits of old leather, for which I gave 1s. 6d."—I said, "To whom?" he said he did not know that he was a general dealer, and it was not his business to ask persons questions from whom he bought goods—I took him into custody, and found he had these articles.
Cross-examined. Q. How far was he from the prosecutor's? A. Half or three-quarters of a mile—he said nothing more than I have stated.
(Mary Baylis of Uxbridge gave the prisoner a good character.)
GUILTY .** Aged 28— Transported for Seven Years.
HENRY TYRRELL RYDER . I am a carpenter, and live in Tunbridgeterrace. I have lost about 10l. worth of tools—on the 22nd of April I lost this plane—(looking at it)—I had left it on a bench in my master' shop.
JOHN CREASY . I am a carpenter, and work for Messrs. Perkins, of Dowgate-hill. About four o'clock on Wednesday, the 22nd of April, the prisoner came into the shop, and asked if Mr. Perkins was at home—I said I did not know, and asked if he wished to see him particularly—he said he did—I went up to the first landing to ask if he was at home—when I came down the prisoner was gone, and the plane also—it was there when I went up—a woman gave me information—I ran out, and overtook the prisoner with the plane.
(The prisoner pleaded poverty.)
GUILTY. Aged 35.—Recommended to mercy, — Confined Three Months.
JOHN WATKINS . I am a surgeon, and live in Newgate-street. About a quarter-past nine o'clock at night, on the 5th of May, I was near Bow-church, Cheapside, walking fast—I felt a tug at my coat-tail, turned round, and took hold of the prisoner, who had my coat-tail in one hand and my handkerchief in the other—I took hold of his arm, and he had the handkerchief in his hand—he dropped it, and said I was mistaken—the policeman, who was behind, secured him.
GUILTY .* Aged 24.— Transported for Ten Years.
LEWIS ROSE . I live at Whitewater, Berks; the prisoner was my servant On Saturday, the 18th of April, I ordered him to take a load and a half of clover hay on Monday morning, the 20th, to Mr. Chancellor, of Kensington, and also a load of straw—on my return I saw it loading, and asked the prisoner whether he had not got more than his complement, as it was a bulky load—he said no, he believed it was perfectly correct—there was one truss for the horse which I allowed—I said, "You have fifty-five trusses, then instead of fifty-four"—he said, "Yes"—there ought to have been thirty-six trusses of straw, but I allowed thirty-nine, on account of my man informing me they were light—there is some straw and hay here, which I believe to be mine, and which was delivered to Mr. Chancellor.
Cross-examined by MR. HORRY. Q. How long has he been in your service? A. Fifteen or sixteen years—I hired him as a boy—I have maintained his children since he has been in prison, and put them to school.
WILLIAM GRIFFIN . I am a policeman. I was passing the Coach and Horses public-house, at Heston, near Hounslow, on Monday morning, the 56th of April, about six o'clock, and saw the prisoner on a wagon, loaded with straw and clover hay—I saw him put off a truss of clover hay, and two trusses of straw—I followed him with the second truss towards the stable—he came out of the stable, and shut the door after him—he looked confused at seeing me—I opened the stable-door, and said, "What are you going to do with this hay and straw?"—he said, "We will have no bother about it; the straw is all wrong, I will put it on the wagon again"—there was a ladder standing against the wagon, I got up, and found the cords all loose
—he followed me with a truss of straw, to put on the load again—I would not allow it, and asked him what quantity of hay his master allowed him for his horses—he said, "Two trusses of hay, besides a feed of corn"—when I went into the stable I found three trusses of hay—I said, "Here are three trusses; this last I saw you bring in does not resemble the other two"—he said, "Yes, they are all the same, it all came out of the rick"—I pointed to one particular truss, and said, "This is the truss I saw you bring in, and these two trusses of straw, and I suspect there is some more to come off the load"—I took him into custody, and a constable went to see the straw and hay unloaded.
Cross-examine. Q. It was quite day-light? A. Yes—he said nothing about the straw in the stable being wet—when I followed him he was taking the second truss of straw in, and his horses were put up in the stable at the time, taking their beans—he said he took the two trusses of straw to put under the horses—the trusses were not untied, but put into the manger.
REUBEN HALL . I am a policeman. I was on duty at Hounslow on the 20th of April, about a quarter before six o'clock in the morning, and saw the wagon near the stable-door, and the prisoner on the top—he put off two trusses of hay, then took up two trusses of straw, and looked round him each way—he saw Griffin, I think, come out of the station-house, and he put down the trusses again, and got off the load—about six o'clock, or soon after, he got on the wagon again, and put off a truss of clover hay and two more trusses of straw—he got off the load, and I went to the stable and took him—I found the two trusses of straw in the manger, and three trusses of hay by the corn-bin—I asked what straw that was—he said that had no business there, and he would put it on the load again—I asked what hay that was—he said it was his, that his master allowed him two trusses, and one of the three was wrong, and had no business there—we took the hay and straw to the station-house, and took the prisoner into custody—I followed the wagon to Chancellor's, at Kensington, and found thirty-nine trusses of straw and fifty-seven of hay still on the wagon.
Cross-examined. Q. Where is the station-house? A. About 100 yards from the Coach and Horses public-house—I stopped about three minutes after Griffin went into the stable, but saw no one but the prisoner.
GUILTY. Aged 34:—Recommended to mercy. — Confined Six Months.
1817. JOHN AUSTIN was indicted for stealing, on the 18th of April, 1 tea-pot, value 10l.; 1 milk-pot, value 2l.; 1 pair of sugar-tongs, value 10s.; 2 forks, value 10s.; and other articles, the goods of Charles Montague Martindale, in his dwelling-house.
ELIZABETH JARVIS . I am cook to Charles Montagu Martindale, and live in Montagu-street, Russell-square, in the parish of St. George, Bloomsbury. I was in the kitchen about ten o'clock, on the 18th of April—I heard a small jink of plate, which induced me to go into the pantry—I saw the prisoner going out, with a bag in his hand—I immediately called out, "Stop thief," and never lost sight of him till he was secured—the bag contained these articles, except two forks, which were found in his pocket—I saw him throw them out of his pocket in the passage.
Cross-examined by MR. PAYNE. Q. Where was he taken? A. Opposite Bedford-place—I am sure I saw him drop the forks—I am quite positive of him—the door had been left open for the painters to come in.
HENRY COX . I am a painter, and live in Pitt-street, Tottenham Court-road. I heard the cook give the alarm of a thief in the house—I immediately ran into the area, and saw the prisoner running up the steps—I saw him put down the bag—I took it up, waited till the cook returned, and gave it to her.
Cross-examined. Q. Are you certain he is the man? A. Yes.
GUILTY . Aged 23.— Confined Nine Months.
LEITHMAN HOWARD . I am a wholesale druggist, and live in Cannon-street. On the 10th of April, about one o'clock in the afternoon, I was in Threadneedle-street, and missed my handkerchief—this is it—(looking at it)—I received information, and Mr. Howard pointed out the prisoner, who was secured by a Mr. Hoare—I went up to him—he denied having taken it, but several people said, "You had better give the gentleman his handkerchief," and he then took it from his pocket, and gave it to me.
JOHN HOWARD . I live in Threadneedle-street. I was standing at the door of my shop, and saw the prisoner put his hand into the prosecutor's pocket, take the handkerchief, and go away with it—I told him to stop, but he ran away—he was stopped, and produced it from his pocket.
Prisoner's Defence. I was coming over the water; two boys dropped the handkerchief, I took it up, and put it into my pocket.
GUILTY .* Aged 19.— Transported for Ten Years.
NEW COURT.—Monday, May 11th, 1840.
Fifth Jury, Before Mr. Sergeant Arabin.
1319. JOHN DORSETT was indicted for breaking and entering the dwelling-house of Ann Hazlewood, on the 11th of November, at St. Pancras, and stealing 2 paintings and frames, value 10s.; 11 shirts, value 3l.; 4 petticoats, value 12s.; 3 shifts, value 9s.; 4 collars, value 4s.; 2 table-cloths, value 6s.; 1 toilet cover, value 1s.; 1 basket, value 9d.; and 1 habit-shirt, value 3s.; her goods.
ANN HAZLEWOOD . I am a widow, and live in Milton-place, Eustonsquare. The house is let in lodgings—I rent the two parlours—the landlord does pot live on the premises—between seven and nine o'clock in the evening of the 11th of November I was down in the wash-house, and a lodger informed me that the street-door was open—I went up into my apartment—I had left my room-door shut at seven o'clock—I had fastened it myself, and the street-door was shut, and the property all safe in the parlour—my door would not open of itself—when I opened the door, and looked about my room, I missed all the articles charged in the indictment—the officers discovered them the same evening—I do not know the prisoner.
ROBERT MOORE I lodged in this house at that time—I left the house at a quarter before eight o'clock, and returned in three quarters of an hour, and found the door open—when I went out I shut the street-door, and tried that it was fast—I informed the prosecutrix.
GEORGE COLLIER (police-constable E 38.) On Monday, the 11th of November, I and Sergeant Pocock had been watching the prisoner's house in Cromer-street, from eight o'clock—(he had been a policeman)—his wife came and looked continually at the street-door, and a little after nine o'clock I saw a man, who I believe to be the prisoner, go into the house with a basket—his wife was at the door, and they went in together—in a minute or two he came out, and crossed over from his lodging to the place where I and my brother officer were—seeing him coming, we ran away, and got down into a court to conceal ourselves—while I was going my brother officer said, "George, come back, there is no thoroughfare"—we then watched the prisoner—he went to his own door, and was talking to another man—he said, "Pocock and Collier are watching me, for I heard Pocock say, 'George, come back, there is no thoroughfare'"—the prisoner said, "They think I have got a swag to-night, but they shan't have it"—(a swag means a quantity of stolen property)—he turned round, and went up Cromer-street, away from his lodgings—I and my brother officer consulted together, and went from there to Maiden-lane, Battle-bridge, we concealed ourselves behind a gate, and in ten minutes the prisoner's wife, Jemima Dorsett, passed us with a large bundle, nearly as much as she could carry, under her cloak—we watched her go into No. 22, Ashby-street, Somers-town—after washing about ten minutes, she came out without the bundle—I then stopped her—I went and searched the room, and found the bundle, containing all the articles stated—after coming from No. 22 to the corner of the street, I saw the prisoner and another man, named Lewis, (who has been tried and convicted,) in a court that leads to No. 22—I took Lewis, and the prisoner turned and ran away—I have been looking after him ever since—I took him on the 24th of April at Speenham Land, about half a mile from Newbary, in Berkshire—I found on Lewis eleven skeleton keys, and one of them undoes the prosecutrix's door, and at the prisoner's lodging I found some more droplatch keys and other keys.
THOMAS POCOCK (police-sergeant F 13.) I was watching with Collier near the prisoner's lodging—I can swear he is the man that went into his house, No. 32, Cromer-street, in company with another man—he had a basket on his shoulder—he came out in four or five minutes, and came towards Collier and me—we ran down a court—Collier was before me—I called, "George, George, there is no thoroughfare"—I returned, and heard the prisoner say to another man, "That is Pocock, I can swear to his voice; they think I have a swag to-night, but they shan't have it"—soon after I saw his wife come out, with something bulky, we went across a near way, and saw her go into a house in Ashby-street, after she came out she was stopped, and Lewis and the prisoner came up—Lewis was taken, and the prisoner escaped—in searching the room in Ashby-street, in a cup-board on the ground-floor I found all the linen, quite wet—I was not present when Collier took the prisoner, but I have been looking after him ever since.
WILLIAM WINSBURY (police-constable N 315) On Tuesday, the 12th of November, about nine o'clock, I was informed a basket of linen was in the dust-hole of the prisoner's house, in Cromer-street—I went there, and found two shirts, a table-cloth, a toilet-cover, two shifts, and other articles.
JOHN RANDOLL . I am a carpenter, and live at No. 22, Ashby-street—Lewis and his wife came to lodge with me on Saturday, the 9th of November, and occupied the second pair front-room—he was there till the Monday
Following, when the officer came and took Mrs. Lewis and Mrs. Dorsett—MRS. Lewis took the apartment, and Mrs. Dorsett was there on Monday evening about nine o'clock.
Prisoner's Defend. I throw myself on the mercy of the Court; I have a wife and children, and have been working hard at 12s. a week in the country.
(See first Session, page 136.)
GUILTY . Aged 29.— Transported for Fifteen Years.
HARLD JOHN HOLMES . I keep the Turk's Head public-house, in Turnmill-street, Clerkenwell. On the 15th of April the prisoner was at my house, and when she went out I suspected her and went after her—she had got five paces off—I asked her what she had been doing, and felt her side, and felt a pot under her clothes—I gate her into custody—this is my pot.
Prisoner's Defence. I was there all day, and in the evening I borrowed the pot to get a child a little water; in coming back a person beckoned me out; I was but two or three steps from the door, speaking to this woman; the prosecutor came out, and 1 said I had nothing belonging to him; he gave me into custody; the pot was under my apron; I had no thought of taking it.
GUILTY .* Aged 45.— Transported for Seven Years.
1321. JAMES BUSS was indicted for stealing, on the 25th of March, 2 tea-pots, value 10l. 15s.; 2 tea-pot bodies, value 9l. 17s.; part of a kettle-stand, value 2l. 8s.; 1 lamp, value 2l.; 2 sovereigns, 1 half-crown, 1 shilling, and 1 sixpence, the property of James Charles Edington: to which he pleaded
GUILTY . Aged 16.— Transported for Seven Years.—Convict Ship.
GUILTY .* Transported for Seven Years.
JOHN BEAY . I live in the service of Stephen Bird and another, builders, at Kensington; the prisoner was in their employ. On the 5th of May, about eight o'clock in the evening, he came in to me to take his time—I objected to take it, not knowing with whom he had been at work—he left the office, and went down the yard—he came up again in a few minutes, with this lead partly under his apron—I called to him to stop—he endeavoured to conceal the lead between two stacks of bricks, and tried to cover it over with the bricks—I told Mr. Bird—he came with me to where the prisoner was standing with his back to the lead—he pulled him away, and, on seeing the lead, desired me to fetch a policeman—this is the lead,
there is 43 1/2lbs.—he had no right whatever to have it—he had not been at work since dinner-time, and had no right on the premises after that time.
RICHARD HILL . (police-constable T 113.) I took the prisoner, and found the lead near some bricks—I asked how he came to take it—he said he intended to steal it—I asked what he was going to do with it—he said, to take it home, and, if any thing was wrong, to work it out.
Prisoner's Defence. I knew nothing about it till next morning.
GUILTY . Aged 35.— Confined Six Months.
OLD COURT.—Tuesday, May 12th, 1840.
Second Jury, Before Mr. Common Sergeant.
1324. THOMAS LAROCHE was indicted for feloniously assaulting Charlotte Augusta Sarah Charles, on the 9th of April, putting her in fear, and stealing from her person 1 bag, value. 8s.; 1 handkerchief, value 1s. 6d.; 1 key, value 6d.; 1 purse, value 8d.; 1 sovereign, and 1 shilling; her goods and monies.
MR. BALLANTINE. conducted the Prosecution.
CHARLOTTE AUGUSTA SARAH CHARLES . I live in Hampstead-road. On Thursday afternoon, the 9th of April, about half-past three o'clock, I was walking opposite St. Giles's church, and saw the prisoner staring at me very hard—he was with another man—I am certain of the prisoner—I observed his features and appearance at the time—when I got opposite Laurence-street he came up to me, and pulled hold of my bag—the string was twisted round my finger several times, and I held it in front of me—he pulled at it three or four times—the string then broke, and he ran up Laurence-street with the bag—it contained a purse, a sovereign, one shilling, a pocket-handkerchief, and a key—I went into a shop, and asked them to send for a policeman—they did so—I gave him a description of the prisoner, and about half-past five o'clock the policeman brought him to my house—I knew him again directly.
Cross-examined by MR. PAYNE. Q. What were you doing when you saw the person looking at you? A. Walking along the street—I saw him look at me very hard—I had never seen him before—the bag was taken about three minutes after—there were people passing, not a great many—it is a great thoroughfare—I swear positively that the prisoner is the man—I looked at him very much when he looked at me; and when he took my bag of course I saw his features, and could recognize them—I was rather agitated.
GEORGE JOHN RESTIEAUX (police-constable E 49.) I received information at the station-house, with a description of a person, in consequence of which I apprehended the prisoner at a quarter before five o'clock—I told him what he was charged with—he said he could prove he was at Holbornhill at three o'clock—I took him to the residency of the prosecutrix, and she identified him directly.
Cross-examined. Q. He denied he was the man, did he not? A. He did—I found him in Broad-street, St. Giles's, near the corner of King-street—I have found no property—I received the information at four o'clock.
MISS CHARLES re-examined. It was about half-past three o'clock when my bag was taken—I had seen a clock a few minutes before—the prisoner was dressed as he is now, and he was dressed the same when brought to me, but I know him by his features also, and his whole appearance—I am quite positive of him.
GUILTY . Aged 25.— Transported for Ten Years.
Third Jury, Before Mr. Common Sergeant.
1325. HENRY RIDLEY was indicted for stealing, on the 27th of March, at St. Marylebone, 8 pen-holders, value 20l.; 1 paper-cutter, value 2l.; 1 pencil-case, value 3l.; 4 seals, value 7l.; 1 vinegarette, value 1l.; 6 bottles, value 5l.; 1 ink-stand, value 11l.; 1 coat, value 4l.; and 1 pair of boots, value 10s.; the goods of Charles Baron Colchester, in his dwelling-house.
MR. CLARKSON conducted the Prosecution.
CHARLES LORD COLCHESTER . I am an English peer, and reside in Great Cumberland-place, in the parish of St. Marylebone. On the 26th of March I retired to bed about half-past eleven o'clock—I had been sitting the latter part of the evening in the back drawing-room—when I went to bed I left the butler to extinguish the lights and see the house fast—I believe nobody else was up—I went into my study to put away some papers, the last thing before I went to bed—I had a silver inkstand on the study table, which, I have no doubt, was safe that evening—if it had not been, my attention would certainly have been called to it, as it is a small table, and I had occasion to go round the table—there were three ornamental pen-holders in the back-drawing-room, mounted with gold—the stem of one was blood-stone, and another cornelian—the three were worth more than 5l.—the ink-stand was solid, and ten or eleven inches long—the articles stated are altogether worth 30l. or 40l.—I had been sitting on the sofa—the table on which the pen-holders were was immediately opposite the sofa.
Cross-examined by MR. PAYNE. Q. I do not understand that you had a distinct recollection of seeing the inkstand when you went to bed? A. No; but if it had not been there, my attention would have been called to its absence—I have a distinct recollection of seeing the pen-holders in the drawing-room—I had used the ink-stand in the course of the day.
JAMES DELL . I am butler to Lord Colchester. On Thursday, the 26th of March, the prisoner called at the house, between three and four o'clock in the afternoon, and said he wanted to know if the kitchen chimney wanted sweeping, and that he came from Mr. Tozer—I sent him to the housekeeper, who was in the kitchen—at night his lordship called me to take the lamp away—I went to bed at a quarter to twelve o'clock, leaving every thing safe—I was awoke about half-past four o'clock in the morning, by a violent ringing at the area-bell—I got up, found the prisoner there, and another man with him—I wished to know why he rang the bell so often and so violently—he said he was very busy, and had other places to go to—I let them in, and gave them a light—they went into the kitchen—I left them there—I am sure the prisoner is the man—I knew him well before—I went to my sleeping-room, which is immediately opposite the kitchen, and put on some of my things; I then went up stain to call the maids, then came down and went to bed—the gas light in the fanlight of the hall-door was burning at that time, and there is a window which throws a borrowed light from the passage on the fire-place—while I was in my room I heard somebody in the kitchen—I looked through the pantry window, which looks from my room
into the kitchen, and saw one of the persons busy, apparently, before the fire-place, but only one of them; and while in my room I heard somebody go along the passage, which I supposed to be one of the maids—about half an hour after the prisoner came and knocked at my door, and said be wished to be let out, as I had locked the area-gate, and taken the key—I saw his companion in the area at that time—when I let them in they had an empty bag—when I let them out, I cannot precisely say which had the bag, but they had it with them, and it appeared to be fall—they wanted some beer, which I could not give them—I suspected nothing, and let them out—neither of the servants had come down stairs at the time I let them Out—nobody had an opportunity of coming into the kitchen except those two men—when I locked them out I went to bed, and remained there till half-past seven o'clock—I then went up to his lordship's dressing-room, which is on the ground-floor—the under house-maid gave me an alarm, and I then missed the silver ink-stand from his lordship's writing-table in the study, and a great-coat from a stand in the same room—I had seen them safe about eight o'clock the evening before—I also missed a pair of boots from the passage leading to the kitchen—they must have passed through that passage to go out—in consequence of what was said afterwards, I examined the lower part of the chimney, but did not look up it sufficiently to say Whether it had been swept.
Cross-examined. Q. You cannot tell which of them had the sack? A. No; nor which it was I saw in the kitchen when I looked through.
MARY FRANKS . I am his lordship's housekeeper. About eight or ten days before the robbery the prisoner came to the house and asked me if the kitchen chimney wanted sweeping—I told him it did not, and when it did I would let Mr. Tozer know—I told him to ask Mr. Tozer if he could sweep the chimney with a machine, for it was Lady Colchester's wish that it should not be swept by the boys—he said, "Very well," and went away—on the day before the robbery he came again, and asked if the chimney wanted sweeping—I said it did, and asked if he had inquired of Mr. Tozer if he could sweep it with the machine—he said he had done so, and Mr. Tozer could not do it, unless Lady Colchester had two draft-holes made on the outside of the chimney—I told him the chimney smoked very much, and I would have it done by the boys in the morning—he asked at what time he should come—I said, "Half-past five o'clock"—I went down next morning at five o'clock, or twenty minutes after—the men had then gone—I found the kitchen-maid in my room—I looked at the kitchen chimney, and it had not been swept at all—I put a candle up, and opened all three of the flues, and there had been no soot taken from them.
Cross-examined. Q. What sort of examination did you make? A. I put a light right up the chimney, and I think no boy could have passed there without disturbing the soot, and there was a plate of iron which they must push up, and there was soot banging on it.
MR. CLARKSON. Q. Are you able to state whether it was swept or not? A. I am able to say it had not, except just where it had been swept on the hobs.
GRACE BAKER . I am upper house-maid to the prosecutor. On Friday morning, the 27th of March, Dell came up-stairs to call the servants—I was down a little after five o'clock—I went to the sink-room—I was not there long—I went to the small drawing-room, and opened the shutters,
then I opened the large drawing-room shatters, then the front drawing-room, and afterwards the back drawing-room, and then went to his lordship's dressing-room on the ground floor—I did not stay there many minutes—I went back to the drawing-room, and went to my work there—when the clock struck seven I went up to Lady Colchester's room, and them went down stairs to the lower apartment, and from the table in the large back drawing-room I missed the pen-holder, the vinegarette, a gold box, a paper knife, a scent-bottle, and a bundle of gold seals—I had not left the drawing-room from five to seven o'clock—nobody could have been there—there is only one staircase to the house—on missing the articles I went down to the housekeeper, and found the kitchen-maid there.
Cross-examined. Q. Did you miss the things after you came down from her ladyship's room? A. I missed them before, but thought her ladyship might have taken them up.
ELLEN DOWLINE . I am the kitchen-maid, and sleep with the house-maid. On the Friday morning I got up at a quartet-past five o'clock, and went to the kitchen—the sweeps were then gone—I was there rather more than ten minutes, before any body came down—nobody came there but the servants—there was less dirt than sweeps usually make in the kitchen—I looked at the kitchen as I thought they could not hare half-swept it from the little dirt there was, and found it had been swept just at the bottom part, but the ash-pit had not been emptied as usual, nor the flues—I mentioned it to Mrs. Franks—she sent to fetch the sweeps back, but they had left.
RICHARD TOEER . I am a master-sweep, and live in. Adam's-mews, Berkeley-street. The prisoner had been in my employ, and had left me a fortnight the very day before the robbery—I did not direct him to go to Lord Colchester on the 26th of March to inquire about the chimney—he never came to tell me her ladyship wished the chimney swept by a machine—I never told him to say it could not be done unless two draft-holes were made outside the chimney.
Cross-examined. Q. I believe he lived with you about a year and two or three months, three years ago? A. He did.
GEORGE THORNTON (police-constable D 109.) I accompanied Linley to the Great Mogul public-house, in Drury-Lane, on the 31st of March, and found the prisoner there, in company with another man, and two females, a little after ten o'clock—Linley said, "Come out"—I said "Yes, come into the parlour"—he said, "Very well," and the other man said something likewise—he came out into the parlour, and said, "What is it you want me for?"—Linley said, "For the robbery in Great Cumberland-place"—he said, "I know Cumberland-place; if that is all you want me for you can make nothing of that now"—that was while Linley was putting the handcuffs on the other.
WILLIAM LINLEY . I am a police-sergeant. I went with Thornton to the Great Mogul public-house, found the prisoner, and told him I wanted him—he said, "What for?"—I said, "For the robbery at No. 8, Great Cumberland-place"—he paused for half-a-minute or so, and said directly, "If that is what you want me for I don't mind; you can make nothing of that now"—I took him into custody—I found 2s. on him and letter
—on Friday, the 27th of March, the morning the robbery was committed, I was in Portman-square, near Great Cumberland-place—I knew the prisoner well, and saw him that morning, between eight and nine o'clock, at the corner of Portman-square, in company with a person named Leonard—he had sweep's clothes on, and had a bag with him, apparently full—when I took him I found this letter on him.
(Read)—"March 30th, 1840—Dear Henry, I send my kind love to you, hoping to find you well, as this leaves me as well as can be expected. Dear Henry, I hope you will not venture up here again; but if you will meet me next Monday night, I will be there at eight o'clock. Dear Henry, I am surprised at your not keeping it more secret where you are, from the chaps up Paddington. I must conclude, with lore from your well-wisher.
THOMAS PEACOCK . I am a mechanical chimney-sweeper, and live in Chester-mews. I was sent for on the 31st of March to Lord Colchester's, and swept the chimney with a machine—from the quantity of soot got out it certainly had not been swept on the 26th of March—it was very foul.
Cross-examined. Q. It was necessary to make some alteration before it could be swept by a machine? A. It was.
GUILTY . Aged 22.— Transported for Fifteen Years.
THOMAS CHANDLER . I five in Bow-lane, Cheapside. The prisoner was in my employ, and was at plumber's work, in Bread-street—I lost a quantity of old lead from there—I have compared the lead produced with the premises in Bread-street, and believe it came from there.
GEORGE CAPON . I am a policeman. I was in Doctors' Commons on Thursday, the 16th April, about half-past eleven o'clock in the morning, and saw Mr. Chandler's cart come up to a lead-warehouse in Little Knight Ryder-street—they unloaded some old lead there, and had some new lead to take back—I saw the prisoner had something very heavy in front of him—I followed him down Fish-street—he turned into Bread-street, but went by the building where they were at work, and turned down Watling-street—I stopped him there, and asked him what he had got in front of him—I unbuttoned his waistcoat, and found this lead inside his trowsers—I pulled it out—I pulled it with the lead at the house in Bread-street—it corresponded with the other lead.
GUILTY .** Aged 48.— Transported for Seven Years.
SOPHIA MARTIN . I am the wife of Samuel Martin, a licensed victualler in Coleman-street. The prisoner was our pot-boy—it was his duty to pay what money he received every night—if he received 1l. 0s. 4d.; on the 3rd of January from Clark, he has not paid it to me—my husband was at home that day—he does not generally take money from him—he was not taking money that day—the prisoner asked leave to go out that day, and never returned—I saw nothing more of him till he was in custody, which was about two months afterwards.
Prisoner. I asked her to settle with me before I went out, but the said she had no time to do so then—I went out, met some friends, got intoxicated, was robbed of the money, and was ashamed to return—my father offered to pay Mrs. Martin back, but she said it should not be settled. Witness. He did not ask me to settle with him—none of his friends have offered to pay the money—his father has not been to me.
JESSE CLARK . I am a sergeant in the Coldstream Guards. On the 3rd of January I paid the prisoner a sovereign for his master, and 4d. for some bread and cheese—he brought it to the Bank-guard, where I was that night.
MRS. MARTIN re-examined. We serve the Bank-guard with refreshment.
Prisoner. Q. Did I not settle with you every night? A. No—some-times you had not sufficient money to do so—we never stopped it out of your wages—I have lei you pay it at other times, to accommodate you, but you ought to have paid every night—this is the third prosecution we have had for similar offences.
(The prisoner received a good character.)
GUILTY. Aged 19.—Strongly recommended to mercy. — Confined Ten Days.
NEW COURT.—Tuesday, May 12, 1840.
Sixth Jury, Before Mr. Sergeant Arabin.
1328. GEORGE GIBBONS was indicted for stealing, on the 30th of March, 1 truss of hay, value 2s. 6d.; 1 bushel of barley, value 4s.; 1 sack, value 6s.; 2 bushels of mixed pollard, oats, beans, and chaff, value 2s.; the goods of William Shore, his master.
WILLIAM SHORE, JUN . I am the son of William Shore, a farmer at Feltham. The prisoner was his labourer and drove his teams—I manage the chief part of the business. On the 30th of March the prisoner was going from Feltham with an empty cart, to get dung at Knightsbridge—he left Feltham a little before three o'clock in the morning I should expect—he had a cart and two horses—he ought to have been back between five and six o'clock in the evening—I tied him up three parts of a truss of hay for the horses—besides that I gave about a bushel of the regular feed, oats, beans, pollard, and chaff—I did not give it out—I allow them take it themselves—he has frequently done so—he had gone up to town two or three times a week—this was amply sufficient for two horses—we never feed with barley, and he had no authority to have any at all—the police-man showed me what was found in the cart—there was a truss of hay that weighed 65lbs.—he had no business with that—that did not include the three parts of a truss—there was about two bushels of mixed corn over the bushel that was allowed, that he had no right to, and a bushel of barley—there was a sufficient quantity to bait them three days.
HUGH SANDILANDS (police-sergeant S 27.) I met the prisoner driving his master's empty cart on the Staines road, going towards London—I saw he had some hay on the side of the cart, and a sack in the cart—I asked the boy who was driving where they were going—he said, to Knightsbridge—I thought all was not right—I detained him, and gave information—the barley was in the bottom of the sack, and the mixed food was above it—
there was nothing to prevent their mixing together—I asked the prisoner how he came to have so much hay—he said he was allowed to tale what he thought proper, that his master tied some of it up, and he allowed him to take what bait of corn he liked.
Prisoner. I took it to give the horses.
GUILTY . Aged 18.— Confined Six Months.
ARTHUR EDWARD SOMERSET , Esq. I am a barrister—my chambers are in Pump-court, Temple—I left them on the 30th of April, about four o'clock, and left my note book there with a 10l. note in it, which I had received from Messrs. Hoare's, my bankers, two days before—I returned next morning about half-past twelve o'clock—the book was there, but the note gone—I sent to the Bank of England as soon as I got the number—I did not know the prisoner.
Cross-examined by MR. PHILLIPS. Q. You have a laundress. A. Yes—she is no connexion of the prisoner's that I am aware of—I believe she employs a child who is the prisoner's daughter, and that child had access to my chambers—she is about thirteen or fourteen—I have not been in my chambers long—my landlord, Mr. Dickenson, employed the laundress—when I came the next day I found the door just as I had left it.
JURY. Q. Did you lock your chambers? A. No; the boy generally locks them—there were other people about.
ANN MASKELL . I am a friend of Mr. Finch, who keeps a wine-vaults in Middle-row, Holborn—the prisoner came with a 10l. note for a bottle of white wine—I served him—I gave him the note and a pen and ink to write the name and address on it—this is the note—(looking at one)—I gave it to our young man to take it to the Bank and get changed.
Cross-examined. Q. It was the prisoner that wrote on it? A. Yes.
(James White, a broker, in Clement's-lane, gave the prisoner a good character.)
GUILTY . Aged 39.— Transported for Seven Years.
1330. PHILLIP THOMSON and MARY THOMSON were indicted for stealing, on the 17th of April, 10lbs. weight of beef, value 5s.; 2lbs. 15oz. weight of cheese, value 1s. 6d.; 3 loaves of bread, value 1s.; 1 1/2lb. weight of bacon, value 6d.; and 5oz. weight of butter, value 3d. the goods of John Francis Adams; to which Phillip Thompson pleaded
GUILTY . Aged 27.— Confined Six Weeks.
MR. PAYNE conducted the Prosecution.
JOHN FRANCIS ADAMS . I am a solicitor, living in College-street, Islington—I saw this beef and cheese, bacon, butter, and three loaves of bread produced at the station-house—they are worth altogether 8s. or 10s.—I had bought the beef the day before—I had seen it cut, myself—I do not know either of the prisoners.
AMELIA MARGARET WARBOYS . I am the prosecutor's servant—I received information from the officer about six o'clock in the morning, and missed the butter and bacon from the safe in the front area, and the meat from
the top of the safe, and the bread from the pan—I saw the meat at the station-house—I saw them safe the evening before at half-past nine-o'clock.
TIMOTHY DALY (police-constable N 65.) I was in College-street at half-past five o'clock on Friday morning, and saw the prisoners—they had nothing with them that I could see—the man was walking about five or six yards before the woman—I saw them again about five minutes before six o'clock, going towards Islington church, with each a parcel—I had suspicion—the woman was the first I came to—I asked what she bad got—she said, meat, which she had brought from Seward-street—I asked how far was that—she said, "A little further on"—I asked if she did not pass up College-street—she said, no, I was mistaken—I asked if the man was her husband—she said he was—I then asked him what he had got, and he said, "Some victuals"—I took them to the station-house, and found the woman had a sirloin of beef, and on her husband I found two pieces of butter, and the other things—I do not know whether they are married—I sent for a female, and had the woman searched—on her were found twenty duplicates, but no money on either of them.
NOT GUILTY .
JOHN LEVY . I am a stationer, and live in Aldersgate-street. On the 4th of March, between one and two o'clock, I had left my counter, not more than two or three minutes, and sat down to dinner, opposite the shop door—I saw the prisoner come in—my wife went out, and called, "Thief—I went out, and saw the prisoner leaning over to the till, put his hand in, and take the money out—he ran out, I after him—I never lost sight of him—he ran into Charterhouse-square—he took the right-hand side of the square, and I the left—I called out—the beadle shut the gate, and he was stopped—I counted the money that was in the till five minutes before—I never got my money—I lost the money stated.
GEORGE CULL . I live in Falcon-square. I was passing the prosecutor's shop, and saw the prisoner run out, Mr. and Mrs. Levy after him—he ran across the road into the square—I joined in the chase, and kept him in sight till he was stopped.
WILLIAM LEGASSICK . I am a poulterer. I heard the cry of "Stop thief"—I was coming up Charterhouse-square, and ran on the opposite side—the prisoner ran first—I caught hold of him—he asked what I wanted—I looked round, and Mrs. Levy came up, and said, "That is the man"—he wrested himself from me—Cull came up, and we took him.
GUILTY . Aged 22.— Confined Six Months.
WILLIAM HALL . I have been at sea, but am now living at Scarborough, and am a ship-owner. On the 8th of May, between ten and eleven o'clock at night, I was walking in Cornhill—I felt my pocket lightened—I turned round, and then observed the prisoner close behind me, with my handkerchief in his hand, which he instantly threw away—I took it up, and attempted to take him, but he got from me, and ran off—a policeman pursued him—I lost sight of him, but he was taken almost immediately—I have not the slightest doubt but he is the man—this is my handkerchief—it has my mark on it.
Prisoner. Q. Could you swear I was the man? A. Yes.
EDWARD CRANE (City police-constable. No. 335.) I saw the prisoner and prosecutor struggling—before I could get up the prisoner broke away, and ran round the Exchange till he got to a court where there is no thoroughfare, and I took him—I had not lost sight of him.
Prisoner's Defence. I was walking along Cornhill; there were two or three gentlemen; I saw the handkerchief on the pavement, and one of them took hold of me; I tried to get away.
GUILTY .* Aged 19.— Transported for Ten Years.
ROBERT GOLLINGS . I am in the service of the Rev, Dr. James Moore, rector of St. Pancras—he lives in Upper Gower-street. On the 11th of April, about eight o'clock in the evening, I went up and locked the area gate—I saw a light in the front dining-room, and looking round, I saw the prisoner through the window, opening the side-table drawer—he was a stranger, and had no business in the house—I went up stairs, and missed a coat and a hat from the front dining-room—I found the coat at the bottom of the garden, after I came from the station-house—when I first saw the prisoner I went down the kitchen stairs, and he got out at the back window—I did not see him get out, but I saw him running down the garden—the window had been about a foot open before, but I found it quite open—there were one or two more with him—he went across the University-ground, and over to Gordon-square, where the policeman caught him in about ten minutes—I said, "You are the man I saw in the front dining-room"—he never answered me—I found the hat about a yard inside the window, and the coat at the bottom of the wall where he got over—I am sure he is the person—I had looked at him some time—he had no shoes on when he entered—these are my master's property.
Cross-examined by MR. PAYNE. Q. Did you see him enter? A. No, but he had no shoes on when he ran down the garden—there are wooden blinds to the parlour window—they come up about a foot and a half—I saw him in the room about three minutes—I ran up directly, after that I went out in the front, and in about ten minutes I saw him in custody.
WILLIAM HUNTER . I live in Somers-town, On this Saturday night, a little after eight o'clock, I was in Gordon-square—I saw two people endeavouring to get over the wall of Dr. Moore's house, one of them succeeded—one was the prisoner, he was the last, he had no shoes on, which attracted my attention—I asked him what was the matter, or words to that effect—he said, "I will have him," meaning he was pursuing the other one, who had got over and ran away—I followed him and called "Police," the prisoner immediately ran and jumped over a wall into an enclosure, which he ran across; I lost sight of him, I then went towards Euston-square and met the policeman and Collins—I told them I had seen the prisoner get over the enclosure, and then another officer took him.
Cross-examined. Q. When did this conversation take place? A. Immediately on his getting over the wall and coming towards me—I am sure the officer ran after the same person—this did not last above a minute.
I was in Gordon-square, and saw the prisoner running with his shoes in his right hand—I attempted to take bold of him—he clambered up the wall about five feet—the descent on the other side was about fourteen feet—he jumped and fell—the policeman came up and got over the wall, then the prisoner started and another officer took him.
Cross-examined. Q. Did you not lose sight of him? A. Yes, when he got over he went to a stack of bricks—I should have gone after him, but it was too deep—he was taken in that place—It was railed round, he could not get out without opening a pair of gates—I am a wine-cooper and was going about my business.
SAMUEL WALLIS . (police-constable E 147.) On the 11th of April I was in Georgiana-street—I heard an alarm, and saw the prisoner in the low ground, running with his shoes in his hand; I got over, and he ran off from me, then seeing Powell he turned and fell down, and I took him.
(Property produced and sworn to.)
(Joseph Hastings, green-grocer City-gardens; George Potter, an accountant, Britannia-street; and Thomas Gibbons, cabinet-maker, City garden's-place, gave the prisoner a good character.)
GUILTY . Aged 25.— Transported for Seven Years.
GUILTY Aged 26.— Transported for Seven Years.
1335. WILLIAM CANN was indicted for stealing, on the 15th of April, I purse, value 6d. 3 sovereigns, 2 half-crowns, 4 shillings, 1 six-pence, and 1 foreign silver coin, called a dollar, value 4s.; the property of John Thadeus De Lane, from his person; to which he pleaded
GUILTY . Aged 22.— Transported for Ten Years.
FELIX LANKSTONE . On the 4th of May, about half-past twelve o'clock at noon, I was near Holborn-bars, and felt something at my pocket, I turned and accused the prisoner of having my handkerchief, and desired him to give it to me; the moment I said so, he slipped away and ran among the horses and carts, I ran after him and called to the people, and he was stopped just as I got up to him—I saw him throw the handker-chief down, this is it.
Prisoner's Defence. A young lad put the handkerchief in my bottom, I heard the cry of "Stop thief," and threw it down.
GUILTY . Aged 16.— Confined Three Months.
1337. GEORGE COYLE was indicted for stealing, on the 5th of May, 1 half-crown, 9 shillings, 21 sixpences, and 8 groats, the monies of Henry Borton; and that he had been before convicted of felony; to which he pleaded
GUILTY .* Aged 9.— Transported for Seven Years—Isle of Wight.
JOSEPH SHACKLE . I am a police inspector. I fell in with the prisoner on the 15th of April, about half-past eight o'clock at night, coming from towards the prosecutor's premises, carrying something heavy; I asked what it was, he said iron, and he was going to carry it to Whitecross-street—I asked him whose it was, he said his own; he then put it down, and said, "I must tell you the truth, I work for Mr. Biggerstaff, and I took it for some beer"—he said he had a wife and family, and hoped I would not be hard with him.
GUILTY. Aged 31.—Recommended to mercy by the Prosecutor and Jury. Confined One Month.
REGINALD GEORGE MACDONALD . On the 16th of April, about half-past five o'clock, I was in the Quadrant in Regent-street, in company with Sir David Baird—I had a Russia leather pocket-book in my coat pocket, containing letters which I wished to show a friend, and in my other pocket a red silk purse containing five sovereigns—I lost them both, and they are lost entirely—I know nothing of the prisoner, only by seeing him collared by the officer.
Cross-examined by MR. PAYNE. Q. How lately before the officer spoke to you, had you felt this property safe? A. A very few minutes, while I was in the Quadrant—Captain Peters and Captain Farley were on before me—Sir David Baird had hold of my arm—there were other persons about—the prisoner was on the same side as I was, against the rails.
HENRY TIPSTAFF (police-constable C 156.) I was in the Quadrant on that evening—I saw the prisoner and two others walking behind the prosecutor—I saw the prisoner feel the prosecutor's pockets outside, and then he put his hand into his pocket, and took out first a purse, and then out of the other pocket a pocket-book—he handed them to another, who passed on, and ran to Coventry-street—I ran across the road, but a wagon was passing, and before I could get across, the others got away—I could only take the prisoner.
Cross-examined. Q. Was there not a great crowd? A. No, not on the side the prosecutor was—I told the Magistrate that I saw him take a purse out—this is my signature to this deposition—(looking at it.)
(The deposition on being read, stated that he saw the prisoner take a pocket-book, and hand it to another, but did not mention a purse.)
GUILTY . Aged 20.— Transported for Ten Years.
GUILTY. Aged 17.—Recommended to mercy. — Confined Three Months.
MATTHEW EDWARD GREELY . I am a book-binder, and live in Jewin-street. On the 12th of April, between nine and ten o'clock in the evening, I was in Aldersgate-street, at the corner of Hare-court—I felt some-thing, I turned round immediately, and saw the prisoner—he passed from behind me, and went up Hare-court into a house—I got an officer, we went in, and searched two rooms—he was not there—we were going up to the third floor, and met the prisoner coming down—I missed from my pocket this silk handkerchief, which the officer produced the next day.
Cross-examined by MR. DOANE. Q. Had you had your handkerchief safe shortly before? A. Yes; I had used it at the corner of Jewin-street—I did not meet the prisoner, he was behind me—he was searched, and nothing found on him—there were other persons passing—I know this handkerchief by the mark on it.
THOMAS FOWLES (City police-constable, No. 138.) On that Sunday evening, the prosecutor's wife came to me, and said her husband had lost this handkerchief, and the person had ran up the court—I went up the court, went into No. 11, and searched two rooms on the first floor, then went up a second pair of stairs, and saw the prisoner coming down the third pair—I went up stairs and saw a hole, and saw some white on the prisoner's trowsers—he must have got up and thrown the handkerchief out on the leads, as it was found there the next morning.
Cross-examined. Q. Did you see him do it? A. No; but it was found there—the prosecutor said that the man had a frock coat on—that was the only description he gave—I do not know whether it was a lodging-house.
GUILTY .—Aged 21.— Transported for Fifteen Years.
OLD COURT.—Wednesday, May, 13th, 1840.
Fourth Jury, Before Mr. Sergeant Arabin.
JOSEPH HOUGHTON . I am apprentice to Mr. Hill, a cabinet maker. On the 12th of April, about a quarter to nine o'clock in the evening, I was in Aldgate near the church—I saw the prisoner following two gentlemen—I watched him—I was on the opposite side of the way at first—I saw Mr. Read, with a lady, and a young gentleman, going towards Whitechapel church—the prisoner left following the two gentleman, and followed Mr. Read—I ran over the way, thinking he was going to pick his pocket—he put his hand into Mr. Read's pocket, and took out his handkerchief—I took hold of him by the back of his neck, and said to Mr. Read, "You have lost your handkerchief"—he felt, and said he had—I saw the prisoner throw the handkerchief away—I gave him to Mr. Read, and went and picked it up, and gave it to Mr. Read—a lot of cab-men from the stand at Aldgate came up and struck me and the prosecutor—they knocked my hat off, and
rescued the prisoner away—I did not leave go of him till I was compelled—he ran down a court, and the policeman took him into custody—he did not get far away—I am positive he is the person.
Cross-examined by MR. PAYNE. Q. How came you to be looking after pickpockets? A. Because I think it is a person's duty if they see a robbery being committed—I was going home at the time—my attention was first called by seeing him dodging the two gentlemen, and feeling their pockets—there were a great number of people going along—I was on the opposite side of the way—it is a wide place—I saw him taken afterwards on the opposite side of the way to what he was at first—I told the Magistrate about my hat being knocked off, and being struck—I was struck in the chest—this wound on my hand was not done then—that was bitten through by a thief, an errand-boy of my brother's—I dare say there were a dozen cab-men on this occasion—I was not particularly frightened—there was no policeman there at the time I first saw the prisoner, or I should have pointed him out to the policeman—there were some fellows behind the prisoner—he was going towards Aldgate at first, and when he saw Mr. Read, he turned back, and followed him—he was on the butchers' side of the way, and I on the other—I am quite sure the same person I laid hold of was afterwards taken by the policeman—he was taken in about three or four minutes.
GEORGE READ . I am a confectioner. I was walking with my wife and a friend, and passing from Aldgate towards Whitechapel—Oughton asked if I had not lost my handkerchief—I examined my pocket, and said I had—he gave the prisoner into my charge, went back, and picked up the handkerchief—he gave it to me, and I recognised it as my property—while holding the prisoner some cab-men came up, a scuffle ensued, and they rescued the prisoner—he got off—my friend pursued him—I did not see him taken—I saw him at the station-house—he is the same boy—this is my handkerchief—(looking at it.)
Cross-examined. Q. You only saw him for a very short time, I suppose? A. I saw him long enough to know him—I was not at all alarmed by the cab-men—my friend saw him taken—he is not here—I have no doubt about the handkerchief being mine—there is a hole in it.
GUILTY .* Aged 16.— Transported for Ten Years.
Before Mr. Justice Alderson.
NOT GUILTY .
1344. CHARLES ASTELL was indicted for burglariously breaking and entering the dwelling-house of Augustus Parkes Fownes, about the hour of three in the night of the 20th of April, at St. Dunstan in the West, with intent to steal, and stealing therein, 2 shirts, value 1l. 5s. 22 scarfs, value 10l.; 7 spoons, value 1l. 15s.; and 1 pair of sugar-tongs, value 10s.; the goods of the said Augustus Parkes Fownes and another.
AUGUSTUS PARKES FOWNES . I am a glover, and live at No. 27, Fleet-street, in the parish of St. Dunstan in the West. On the night of the 20th of April I went to bed about twelve o'clock—my servant, Joseph Morris, was the last person up in the house—I left my shop and house quite safe—Morris did not stop up above a minute or two after me—my servant
awoke me in consequence of the police ringing the bell—I got up—it was between three and four o'clock—I sent the boy down to inquire what was the matter—he returned to me—I went down, and found the prisoner in my first-floor room, which is unfurnished—I found the silk scarf and spoons lying on the floor—the scarf had been in the shop the night before, and the spoons in the kitchen—the scarf belongs to myself and my brother Frederick, but he does not live in London—I am the only occupier of the house—the stock and business belongs to myself and brother—I found the doors down stairs broken open—he had come through the back dining-room window, got over the roof of a back shop, got in at the window, and opened the shop and street-doors—there is a private passage which runs between she houses, by which he could get to the back of the house and climb up a broken spout—the private passage leads from the street, and is open all night—it has merely a gate on the latch—he might then climb up the broken spout, and get on the roof of a low building, on to a back shop of mine, and then to the dining-room window, which I found open—it was down when I went to bed, but it might not be hasped—I am quite sure it was quite down at twelve o'clock the night before.
ROBERT HAY (City police-constable, No. 345.) About three o'clock on the morning in question, I was in Fleet-street—I heard a noise in Mr. fownes's house, I went to the private passage, turned on my light, as the lamp in the passage is put out at eleven o'clock every night, and observed a piece of water-spout across the passage from one side to the other—I looked up at the opening, and concluded that somebody had gone to the back part of the house—I went to the street, and called my brother officer—he stood at the passage entry—I examined the house, and found all the doors fast—I thought the spout had fallen down, decayed, but in about twenty minutes I still thought I heard a noise in the house, and the door open, and the party fall back, and shut the door—I rang the bell—Mr. Fownes's apprentice let me in—I went there, and found the prisoner in the room—the prisoner had opened the side-door, but, seeing me, went back, and shut the door—I found him in the house—I took him to the station-house, and found two shirts on his back, which Mr. Fownes Identified.
MR. FOWNES. re-examined. These shirts are my property—they were hanging up in the shop, and are shop goods—he had broken through a window, and got them, and dressed himself in them.
Prisoner's Defence. I was in the house, but I was in such a state of intoxication that I do not know bow I got in; the prosecutor said at the office it was more like a frolic than a robbery.
MR. FOWNES re-examined. He was intoxicated, or pretended to be so—I certainly thought he was drunk, but the policeman said at the station-house that he was not—a candle was left burning, which burnt nearly through the wainscot.
GUILTY . Aged 23.— Transported for Fifteen Years.
1345. JOHN BROWN was indicted for feloniously breaking and entering the dwelling-house of James Spokes, on the 15th of April, with intent to steal, and stealing therein, 2 printed books, value 4s., his goods.
JAMES SPOKES . I live in Goswell-road. I am not the housekeeper—I rent the shop, parlour, and a sleeping-room, of Mary Smith—we have a separate entrance—it is all one house—there are two passages—there is an entrance to the shop, and the private door enters into both parts of the house—Smith lives in the house as well as me—the entrance into the shop is separate, and the shop communicates with the private passage, leading to my bed-room—it is a bookseller and stationer's shop—the parlour and shop are on the ground-floor—I can lock them up separate from the rest of the house—on the 15th of April I came home about eight o'clock in the evening—a mob was collected round my door, and the prisoner in custody, with George Walter, against whom the bill was not found—I missed two books from my shop, which I had seen lying at the bottom of the window—it is a close window, which does not open—I had seen them safe at six o'clock, and went out at seven—I left Jane Sidey, and a boy we call George, within—he is not here—the window and door were quite safe when I left—on returning I found the uppermost part of a pane of glass gone—it had been cracked before, but was quite whole—a person could easily put his arm in, and reach the books.
JANE SIDEY . I live with Mr. Spokes. He went out at seven o'clock, leaving me and George there—about eight o'clock I heard a cry of "Stop thief—I went to the door, and saw the two books on the ground, by the step of the door, near the broken pane of glass—a gentleman took them up, and gave them to me—I put them back in the window, and afterwards gave them to the policeman—just before I heard the cry of "Stop thief," a man had come into the shop for some tobacco—he had gone away before I heard the cry, and left the door open—I did not hear the glass break—I and the boy were reading a book.
HENRY THOMLINSON COOMBE . I was passing Mr. Spoke's shop, about eight o'clock in the evening, and saw the prisoner, with two other persons—they passed me a short distance from the house—I saw the prisoner put his hand up to the side of one of the panes of glass, as if to cut the putty away—I mentioned it to three persons, and watched them—they all three stood together at the window, the prisoner being in the centre—I passed by, and saw the glass lying on the books, and saw the prisoner's arm inside—I went and seized him, called "Stop thief," and the other two were both taken—one knocked a person's hat off and escaped, the other was taken—I did not see the books outside the window, I only saw his arm inside—about five minutes elapsed between my seeing him scrape the putty and seizing him—his hand went into the window twice.
FRANCIS BRIDGES . I was with Coombe, and saw the boys at the window—I saw the prisoner's arm in the window—I did not see any books outside—I only saw his arm inside—they were there about a quarter of an hour—Coombe seized the prisoner.
(Property produced and sworn to.)
Prisoner's Defence. I had just left work, and was taking a walk; I
saw a great many people at the bookseller's; I slopped to read a book; I was walking away in about ten minutes, and Coombe came and caught me.
NOT GUILTY .
1346. WILLIAM M'NAB and MARGARET PETERCAN were indicted for feloniously breaking and entering the dwelling-house of Richard Tamplin, on the 8th of April, at the liberty of Glasshouse-yard, and stealing therein 24 printed books, value 5l. 7s.; 1 map, value 3s.; 1 memorandum-book, value 1s.; 3 manuscript books, value 12s.; 1 note-case, value 2s.; 1 portfolio, value 6s.; 2 cases of surgical instruments, value 4l. 10s.; 1 set of mathematical instruments, value 10s.; 1 pair of scales, value 15s.; 4 weights, value 1s.; 2 stethoscopes, value 11s.; and 1 box, value 11s.; his goods.
MR. CLARKSON conducted the Prosecution.
RICHARD TAMPLIN . I am a surgeon. Shortly before this robbery I moved from another dwelling to No. 2, Charterhouse-square—I left home about six o'clock in the evening of the 8th of April—I returned at twelve o'clock, and missed a box containing the articles in question—I cannot exactly tell all the contents, but there were five volumes of Shakspeare, a valuable Bible, and a morocco-leather case of surgical instruments, set with silver—the property is worth considerably more than 5l.—the house is in the parish of St. Botolph, Aldersgate, in the liberty of Glasshouse-yard—I gave information to the police, and on Sunday, the 12th, I went to Featherstone-street station-house, and saw my box and part of its contents—(produced)—there is a writing-case among the articles found—I found the lock had been cut off it—nothing was taken but the box and its contents.
HENRY KIDNEY (police-constable G 6.) In consequence of information on Saturday night, the 11th of April, I went to No. 24, Red Lion-alley Cow Cross-street—I found the street door open and went up stairs to the second floor;—I found the door fastened—I knocked at the door, and asked if a person named Williams was within—Petercan opened the door—she was not dressed, she had apparently got out of bed—it was eleven o'clock—I did not know her before—I asked if she knew where Williams was, she said Williams and his woman lived in the same room with her, but he was gone down to his brother's—I went into the room, turned my light on, and saw this deal box behind the door, and the place where the prosecutor's initials had been attempted to be erased, but they were to be seen—Petercan was by the side of the bed dressing herself—I opened the box and found the covers of three books—there was another box there with the lid on the top of it—I found two other books in it, "Robertson's Antiquity of Greece" and "Valpy's Delectus"—I asked Petercan whose they were—she said they were Williams's—she said, that open box was Williams's—there was a third box in a corner which was locked—I heard Hayward ask her who that belonged to, she said it was hers—he asked her where the key was—she produced it, unlocked it, and in it was found a memorandum book, a portfolio, and three or four other little books—she said that property was put in there by Williams—on searching further I found thirty-three keys in a jar, some of which are skeleton keys—I took her into custody—on Monday night, the 13th, I went to a public-house in Gray's Inn-lane and found M'Nab—I told him I wanted him on suspicion of a robbery in Charterhouse-square, and taking a box from
a house there—he said he knew nothing about it—I took him to the station-house—he behaved very violently, and bit one of my brother constables through the hand.
Cross-examined by MR. RYLAND. Q. You have never found Williams? A. I have not—I went to the house expecting to find him there—the woman said he bad been there about a month, and the box was brought in during her absence.
MR. TEMPLIN. These covers contained books, with my professional notes.
JAMES HAYWARD . I went with Kidney to the house in Red Lionalley—I kept my eye on Petercan and saw her at the table drawer, apparently concealing something—as I heard something rattle, I seized her hand and took a bag from it, containing three small keys—I then commenced searching the room, and saw a box which was locked—I asked her whose box it was—she said it was hers, and gave me the key from the table—I unlocked the box and saw a very large key lying on the top—I removed a gown, and under that found the portfolio and two books, one with Mr. Tamplin's name in it—I again asked whose box it was—she said, "It is mine"—I said, "Whose property is this? she said, "I do not know how it came there, unless Williams put it there"—the box has only been locked a few days"—in another open box I found twenty-eight more keys, some of them are skeleton keys, and a file—she did not claim any of the things herself—I afterwards took M'Nab into custody—in passing his cell at the police-court, where he was confined after being committed, he called to me and asked if he could have any thing to eat or drink—he said, "It is too bad for me to be here alone, I did bring it out and Polly-one-ear lifted it on my shoulder;" and somebody, I think he said Morris, undid the door—I am not sure the name is Morris—there was a man with one ear in custody, and he goes by that lick name—I mentioned what he told me to the gaoler, and as I took him to the van he said, "I did not think you would have said what you did, or I should not have told you"—I handed the keys to the sergeant, who applied them to the prosecutor's door.
M'NAB. I deny ever saying a word of the sort to him.
ANN EIZABTH PENNY . I am Mr. Tamplin's housekeeper. On the Wednesday night I went up stairs about seven o'clock, and took some carpets off this box with Mr. Tamplin's initials on it as I went up—it was in the passage—I came down a little before eight o'clock, and as I was at the drawing-room door I heard a noise in the passage; when I got down I found the street door wide open—it was abut when I went up stairs—I missed the box instantly.
N'NAB— GUILTY . Aged 18.— Transported for Fifteen Years.
PETERCAN— NOT GUILTY .
1347. DENNIS KELLY was indicted for feloniously assaulting Richard Smith, on the 12th of April, and cutting and wounding him on the right side of his head, with intent to maim and disable him.—2nd COUNT, stating his intent to do him some grievous bodily harm.
RICHARD SMITH . I am a cooper, and live at the Ten Bells public-house, Church-street, Spitalfields. On the 12th of April, about seven o'clock at night I was sitting in the tap-room; the prisoner came in partly tipsy, speaking
loudly about what work he had been doing, that he had done nine days' work in one week—I said there were plenty of people came there to tell lies without any of his assistance; he took the poker from the fire-place, came to me, knocked the poker on the ground, and said if I would get up he would put my head on the ground, where the poker was—I made him no answer—he stood for a moment and put the poker back in the fire-place again—I went to another part of the room and sat down—after remaining there some time, he rose up, took the poker in his hand, and in about a minute and a half he came to me and said he would give it to me—I made no answer and took no notice; he directly afterwards struck me on the head with the poker, 1 fell forward on the table, stunned for a moment; when I recovered I shifted my hat from my head, and the blood come over my face—the waiter took me to a doctor's, where I had my head dressed—the prisoner was taken into custody.
WILLIAM BEAUMONT . I was present and saw the prisoner come in—he began talking about making nine days in a week, being a tee-totaller, and paying three weeks' rent in advance, and boasting in a foolish way—the prosecutor said, plenty of people told lies without his help—that excited him, he instantly went to the fire-place, took the poker, jobbed it several times on the ground, and said if Smith would get up he would put his head where the poker was—he afterwards put ft back, called for a pot of porter, which he drank, and in about ten minutes went and seized the poker again, approached Smith, told him he would give it to him, and immediately struck him a blow on the head—it was a sort of side cut—it was certainly done on purpose—he immediately threw the poker back and ran out as fast as he could—Smith pulled off his hat, and the blood ran down his face—he went to get his wound dressed—we gave information at the station-house, and the prisoner was taken at the Duke's-head public-house, within two or three doors of the station-house—he had been drinking when he came in.
THOMAS AQUILA DALE . I am a surgeon. The prosecutor's wound was about an inch and a half, or two inches long, it was quite a clean cut—a blunt instrument on that part of the scalp would produce a clean cut, if given with sufficient violence—I should say it would require violence to inflict such a wound—I did not see his hat.
Prisoner's Defence. I knew nothing about it will next morning, when I awoke at the station-house. I asked what brought me there—the police-man said, "For cutting a man's head with a poker." I was sorry for doing it, and when I saw the roan, I begged his pardon.
GUILTY of an Assault only.—Recommended to mercy. — Confined One Year.
1348. WILLIAM RAGAN was indicted for unlawfully, maliciously, and feloniously assaulting Catherine Ragan, on the 2nd of April, and stabbing and cutting her, in and upon the left buttock, with intent to maim and disable her.—2nd COUNT, with intent to do her some grievous bodily harm.
CATHERINE RAGAN . I am the prisoner's wife, and live in Rosemary-lane, he is a shoemaker. On a Thursday, in the beginning of April, between eight and nine o'clock in the morning, he asked me for his breakfast—I got it ready as soon as I could, but it was not the proper time that he used to have it—he got in a passion and went out—he came in again, and asked me for some money—I gave him half-a-crown, and kicked up a row
with him after I gave it him, because I wanted it myself—I said if he was going to drink that half-crown I would go on drinking myself as well as him—he said nothing, but went out and came in again—I had his break-fast ready, but he would not sit down to it—he went out, I followed him, and drank part of the money as well as him, and I believe more than him, at the Fountain public-house, in Rosemary-lane—he afterwards came into the room where I was sitting with my child, but I was very much in liquor myself—he asked me for more money—I gave him 6d.—he went out, and came in in a very short time again, very much in liquor—I took the chair and struck him with it, and called him a vagabond—I caught hold of him by the hair of his head, and threw him down, and threw the candle-stick at him—unfortunately, my little boy was coming by, and the candle-stick fell on my boy's leg, and hurt him—my husband bolted me out for doing that, I kicked up a row and came in again, and he went out—I was examined before the Magistrate—I am speaking the truth now—he went to a neighbour's house, I followed him, and got very angry with him—he was very much in liquor—I took up the poker and struck him, and it happened that he took the knife, I believe a shoemaker's knife, and just cut me with it a bit, but not much, for I am quite well—it was my own fault—a better father nor a better husband never could be found—he is a very hard-working man—I did not bleed much, it is quite well—I was quite well and able to come home and do my business in two days after—I did not stop longer in the hospital—I have five children living, and three I buried—the youngest is six months old—I wish to recommend him to mercy—I consider he has suffered plenty, for it was my own fault.
DANIEL SUGG . I am a policeman. I went into the room—I found the prosecutrix lying on her right side, apparently bleeding from the left—she said her husband had stabbed her, and she showed me where it was, on the left side of the buttock—it was a cut about an inch in length—it was bleeding very much—I went for a cab, and she was taken to the hospital—she did not appear to me to be drunk, but faint from loss of blood.
ROBERT THORPE . I took the prisoner up on the 9th of April, about eight o'clock in the evening—I told him I wanted him for stabbing his wife—he said, "I wish I had killed the b—"—he was very drunk at the time.
SYDENHAM HENRYT PEPPIN . I am a medical student at the hospital, I saw the prosecutrix brought there—the wound was about an inch long, and an inch and a half deep—it was not bleeding—she lost about half-a-pint of blood—it was in a dangerous place—some small arteries were cut—it was inflicted by a sharp instrument—the danger was from there being very large arteries there, and it would be difficult to secure them—it had not wounded any of them, but must have gone very near them.
GUILTY . Aged 45.— Confined Two Years.
JOSEPH BROAD . I am a butcher, and live at Peckham-rye. On the 3rd of February I sold a horse for 8l. 15s.—before I received that money I had between 7l. and 8l. in my purse, in gold and silver—I was paid a 5l. note, three sovereigns and 15s., for the horse—I went to the Eagle tavern, City-road, in the evening, and staid there an hour—I was the worse for liquor—when I came out, I crossed the road and got into company with the prisoner—she spoke to me first, and asked if I would
treat her—I went across to the Green Gate public-house with her, and had a pint of ale—she took part of it with me—we went from there to Mrs. Piggott's, No. 15, New North-street—I gave Mrs. Piggott 2s. for the room, and the prisoner half-a-sovereign, to stop with her for the night—I went up stairs, undressed, and got into bed—she did not undress—I fell asleep—I do not think she got into bed—when I awoke in the morning she was not in the room—I found my pockets inside out, and my money gone—I complained to Mrs. Piggott.
Cross-examined by MR. PHILLIPS. Q. Were you not quite intoxicated? A. No—I was the worse for liquor—I do not know how many public-houses I was in that night—the first I went to was opposite to where I sold my horse—I drank ale there—I then went to the Eagle public-house—I drank there—I was sitting there—I was not in company with any one there—there were plenty of people there—I went across from there to the Green Gate public-house with the prisoner, but nobody else that I am aware of, but I do not know—I do not know whether I was too drunk to tell—I do not know whether a man and woman went with me to Mrs. Piggott's.
HARRIET PIGGOTT . I live at No. 15, New North-street, Curtain-road. The prosecutor came to my house with the prisoner—there was a young man and woman with them, friends of the prosecutor's—four people came together—the other man and woman sat in my parlour on the sofa—the prisoner and prosecutor went up stairs—I went to bed, leaving them together, one party in the parlour and the other up stairs—I afterwards found the prisoner was gone—I found the party in the parlour there in the morning—I did not perceive that the prosecutor was particularly intoxicated—I do not think he was sober, but I did not think him so very much the worse for liquor as I afterwards found he was—I saw him with gold and silver—he took out his purse and "gave me 2s. for his night's lodging—I do not recollect seeing him give the prisoner any thing—I went to the bed-room where the prosecutor slept—his pockets were turned inside out—he was asleep, and I could not wake him—I went into his room to awake him in consequence of an alarm that the prisoner was gone out—I found 10 1/2 d. lying on the table—there was no appearance of two persons having been in the bed—the prisoner went away directly, she never went to bed—I afterwards saw her in Finsbury and told her of this—she used very abusive language, and said, "Nothing found on me, no catch me, no half-penny, and they may go and be——at the time she went up stairs she asked me to lend her a bed-gown, which I did, and it lay as I left it.
Cross-examined. Q. When they came in did not you observe that the prosecutor was very much in liquor? A. He was the worse for liquor—(looking at her deposition)—this is my hand-writing—(Read, "He was very much in liquor")—I did not say that—I said as I say now, that I believed he had been drinking, but I did not say he was the worse for liquor, he might be—I did not swear any thing at all—the prisoner said, when I met her, that she did not rob him, but I know she did—a young woman went into the room to the prosecutor with me, but she is not to be found—I refused to take them in at first, but the prisoner begged very hard as it rained hard—that was the reason I took them in.
Q. Was that the reason you took the 2s.? A. I had no occasion to let them have the bed for nothing—I said I took them in because it rained
hard—I have not sworn it—I am not swearing now—I hope not—this is the second time I have been in a court of justice—a young man robbed me of my purse about twelve months ago, and had ten years for it—I was at Clerkenwell-green once—it was not for any thing connected with this—I was not tried there.
COURT. Q. Were you and your husband tried for keeping a house of bad fame? A. We were not tried, we were held on our own recognizances—I believe Mr. Phillips was the gentleman concerned for us.
NOT GUILTY .
1350. ELIZA WILLIAMS was indicted for burglariously breaking and entering the dwelling-house of John Deards, about the hour of twelve in the night of the 18th of July, and stealing therein, 1 watch, value 1l.; 1 gown, value 4s.; 2 handkerchiefs, value 3s.; 1 apron, value 1s.; 2 petticoats, value 1s. 6d. and 1 shift, value 1s.; his goods.
MARIA DEARDS . I am the wife of John Deards, and live in Angel-gardens, Shadwell. On the 18th of July, last year, I went out about twelve o'clock at night to get something for my supper—I locked my parlour door—a widow lived in the top room—I was absent about half an hour—when I came back I found the door broken open, and the hasp hanging by one screw—my drawers were stripped—I missed the articles stated, which were safe when I left the house—I went directly to the station-house, and found Mary Brown there, with a gown, a shift, and a petticoat of mine—this is part of the property I lost—(looking at it.)
CHARLES GILL (police-constable K 59.) On the 18th of July last I was on duty in Commercial-road, and met the prisoner about one o'clock in the morning, with Mary Brown, at the top of Dock-street—Brown had a bundle in her apron—I asked what it was—she said, some linen which she had been fetching from a washerwoman—I said it was an unseasonable hour, and thought all was not right, and I must take her to the station-house—the moment I spoke to Brown the prisoner walked off, and has not been seen or heard of till last Tuesday fortnight—I took Brown to the station-house, and in about three minutes the prosecutrix came and said the property was hers—Brown was convicted here in July last.
Prisoner. Q. Are you sure it was me? A. Yes—I knew you before.
MARY BROWN . I have been tried for this offence, and received my punishment. I know the prisoner—she gave me the bundle at the top of Angel-gardens, and told me to take it home to her house in Dock-street—there were two chaps with her—I went with her, and Gill met us—I did not go to Mrs. Deards's house with her—I had passed it that evening, but I did not see the prisoner there—I met her at the top of Angel-gardens.
Prisoner. Q. Were you not with me all the evening? A. Yes—I lived with you—I parted with you at the top of Dock-street that day—you were drunk—I knew the men by sight who were with you—I swear you gave me those things.
GEORGE PAVITT . I apprehended the prisoner in High-street, Shadwell—I had been looking for her for about a week before, from information Mrs. Deards gave me—I took her to the station-house, and Mrs. Deards came and charged her—she said she knew nothing at all about the robbery.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
CAROLINE HANNAH RICHARDSON . I am single, and carry on the business of a cutler and dressing-case maker, in New Bond-street. On Wednesday, the 22nd of April, about the middle of the day, the prisoner came, and inquired the price of a small dressing-case which was in the window—I told him—he asked me if I had any ladies' dressing-cases—I showed him what I had—he said they were too common, he wished some more expensive, mounted with silver—I said, when my father returned I would procure him some, and send them—he said, "Do," and gave me his card, with "No. 2, St. James-square," on it—he said I was to send them the following evening, about seven o'clock, as be could not decide on them himself; they were for the inspection of a lady who was coming from Windsor—he said if the lady approved of them, whatever was kept would be paid for—he said the gentleman's dressing-case was to be sent with the lady's, and also two pearl knives which he selected—they were all for the lady—I procured a lady's dressing-case, of the value of 28l., fitted with silver, and a small mahogany gentleman's case, value 6l., which I sent by my father, with the two knives, one of which was worth 2l., and the other 28s.—the prisoner came again next day, and looked at some knives, forks, spoons, a pocket-book, and other things—he produced his own pocket-book—I saw what appeared to me some Bank-notes in it, and concluded that he was some foreign merchant, or something of that sort—on the Saturday he came again, and selected about 20l. worth of cutlery, but they were not sent in—he said die lady had not returned, that she was to come by the train—he did not say what train—he said he hoped I should let him have the best of cutlery, as he was particularly recommended to us on account of our good things, and he had no doubt the lady would be a good customer—all the articles were for the lady's inspection—I expected whatever the lady did not keep would be returned, or I should have the money paid down—that was the understanding, as he was a stranger to me—if it had not been for his representing that they were for the lady's approval I should not have parted with them without the money—I considered he would have decided at the time if they bad been for himself—I did not intend to sell them to him—I understood they were for the lady's inspection from the first.
Cross-examined by MR. LUCAS. Q. How long have you been in business on your own account? A. Since Christmas—my father kept the shop before, but he has been a bankrupt, and I have carried it on since—he has nothing to do with it—I receive the money for the goods sold in the shop, and I attend to the books generally—my father writes sometimes—it depends entirely on who is in the shop at the time—the business is wholly mine.
Q. One of the articles sold was a gentleman's dressing-case? A. No—I have not sold any thing—I understand the importance of the word "sold"—if the goods were sold, and a bill of parcels delivered, it would have been brought in a debt—I am perfectly aware of those things; if I was not I should not be able to conduct the business—I did not sell any of the goods to the prisoner—they were all for the lady's inspection, the gentleman's dressing-case and all.
to No. 2, St. James's-square, on Thursday evening, the 23rd of April—I saw the prisoner there—he desired me to set them on the table, to let him see them—he said the lady had not arrived, but she would be sure to arrive on the morrow, and he must get me to leave them until then—he said she was coming from Windsor by the train—he looked at the things, and said he thought this dressing-case with silver might do—he then wished me good night—my daughter had given me a card with his address on it, and I saw a brass plate on the door, with "J. H. De Vries," I believe, on it—he said I was to call next day at two o'clock, as, no doubt, the lady would have arrived—I did so—he said she had not arrived, but she would, no doubt, arrive in the course of that afternoon, and I was to come again at six o'clock, by which time she would be there, and would be able to decide what she would keep—between four and five o'clock I went again with some more things—(he had been to the shop in the meantime)—he was not at home—a servant girl opened the door, and asked me if the things were for Mr. De Vries—I said they were, and she took them of me—as I was returning from the house, the prisoner hailed roe in the square—he was coming from Charles-street—he said it would be of no use coming that night, as the lady had not arrived, I must come next day about two o'clock, by that time it would be decided on, and whatever was kept I should have the money for—on the Saturday I went again, and saw him—he said he must trouble me to leave them till Monday, they could not be decided on before, as the lady bad not arrived—between Saturday and Monday I learnt something that made me suspicious.
Cross-examined. Q. Did you take a bill with these goods? A. No—I understood they were to be taken on approbation for the lady—the first I took I set on the table, by the prisoner's direction.
SARAH WILKS . I am single, and occupied the house, No. 2, St. James's-square, in April last. In February a person called on me for the purpose of taking it—in consequence of what that person said about a friend of his, the prisoner afterwards got possession of the house—he took possession on the 24th of March—he was to pay thirty guineas a month for the first three months, twenty-five guineas for the second three months, and twenty guineas for the last three months—he took it for nine months certain—I bad an indirect reference—he was at first rather offended that I should ask him for a reference—I said it was usual in England—he said, very well, he would refer me to a banker, a friend of his, in the City—he went away, and returned next day, saying the gentleman was not in town, but he would be in two days—he returned in two days, and again said the gentleman had not returned, and at length he got the house, because I depended on a former reference which I had from a friend of his, the gentleman who had called in February—the brass plate was put on the very day he came—directly it was decided he measured the size for the brass plate, and in a few hours it was placed on the door—I cannot exactly tell how soon afterwards any goods came—it was about the latter end of that month—he asked me to recommend him a tailor, as he said his clothes were with his family, who were to bring them on the 1st of May—I did recommend him a tailor, but he was a ready-money tailor, and the prisoner declined having him—a great many parcels came to the house—on Friday, the 25th of March, I saw this dressing-case on the parlour table—I do not know when it came—it disappeared, 1 think, next day—I lived in the house—I let him the whole house, with the reservation of two rooms for myself—the first
month's rent became due that very Friday, the 24th—he said that he knew thirty guineas was due that day, but I must wait till the next day, for he was not going into the City till next day—next day he Sent for me, and said he hoped I would excuse him, he had been to Highgate, and it was then past four o'clock, and the Bank would be shut—when he first came he had two carpet bags—when the officer examined them they were full of hay twisted up, torn pieces of music, a large heavy piece of chalk, and a variety of rubbish—One drawer in his room was locked, all the others were empty, and when that was opened there was nothing in it—I never received any rent—I have been obliged to leave the home in consequence of the embarrasments in which the prisoner placed me.
Cross-examined. Q. I suppose he is not the first person who has taken lodgings, and not paid you? A. Indeed he is—I never had a house before.
HENRY FREDRICK WHITTEN . I am assistant to Mr. Masters, a pawn-broker in Jermyn-street. On Saturday, the 26th of April, the prisoner pledged this silver-mounted lady's dressing-case, for 10l. in the name of Williams, No. 84, Tottenham Court-road—he described himself as a lodger, and owner of the property.
Cross-examined. Q. What is the full value of it? A. We should get about 15l. for it—there are not nineteen persons out of twenty who give their true name and address.
MR. CLARKSON. Q. There is a great deal of difference to the price you would sell that at, and the price at which it could be purchased? A. There is.
---- DUFFIELD. I am assistant to Mr. Fleming, a pawnbroker in John-street, Golden-square. I produce a dressing-case, pledged by the prisoner on the 19th of April, in the name of John Barnard, lodger, No. 8. Queen-street, for 2l.—he described himself as owner of the property.
Cross-examined. Q. What is it worth? A. I cannot tell, but not more than 2l. as a pledge—we do not advance the full value.
STEPHEN HEWSON . I live at No. 37, Waterloo-road. On the 2nd of March the prisoner engaged a bed-room of me, at 5s. a week—the police afterwards came, and found a variety of articles in his room—I do not know how they came there—the prisoner paid his rent until the last two weeks—he occupied the room at times—he slept there about once a week.
ALEXANDER JOHN RICHADSON . I am the prosecutrix's brother. In consequence of what she told me on Monday morning, the 27th of April, I stationed myself in St. James's-square, about eight o'clock—in about forty minutes the prisoner came out of No. 2—a bootmaker met him at the door—they went in company some distance along Pall Mall—I followed them, and in Waterloo-place, I believe, he paid the bootmaker some money—the prisoner then went on to the Colonnade and looked back—my sister was on the same side as the prisoner—I followed him up Charles-street, across the Hay market, up several turnings, into Oxendon-Street along a street leading into Leicester-square, and down a lane at the bottom of Princes-street—at every turning he took he looked round, to see if any one was following him—he did not observe me—he went by the National Gallery into Trafalgar-square, and got into a cab—I ran behind it along the Strand, and then got into a cab, and told the man to follow the other cab, which he did to Clifford's Inn-passage—the prisoner got out there, and I also—I got a policeman, crossed over to the prisoner in Fetter-lane, and told the
policeman to take him on a charge of swindling—the prisoner said, "It is not a charge of swindling; if the bill had been presented for the goods, and payment asked, they would have been paid for."
SAMUEL LLOYD . I am an inspector of the City-police. The prisoner was handed into my custody at the station-house on the 27th of April—I afterwards took him to No. 37, Waterloo-road, in company with Wardle—he showed me the bed-room he occupied, and I there found in a portmanteau, which he pointed out to me, a quantity of cutlery belonging to the prosecutrix—the prisoner told me where the dressing cases were pawned, and hoped I would intimate to Miss Richardson that as he had given the things up, she would be as lenient as possible—he also asked me whether I thought his neck would be stretched.
Cross-examined. Q. Did you understand the prisoner easily when he spoke? A. Perfectly—I conceived him very intelligent in the English language—his words were, "Do you think my neck will be stretched"—I cannot tell how he came to make that observation—he had just before requested that I would intercede with Miss Richardson—I cannot say that those were the words immediately before that remark, or what he said immediately after.
GEORGE WARDLE (City police-constable, No. 325.) I took the prisoner into custody—I put my hand on his collar, and told him what I wanted him for—he said, how dared I do such a thing—I searched him, and found some articles on him which the prosecutrix identified—I also found this card-case or pocket-book with these papers and flash notes in it—I went to No. 2, St. James's-square, and brought away this brass plate—I went to look for Mr. Williams, No. 84, Tottenham Court-road, but found no such name or number.
Cross-examined. Q. Have you not got a bill? A. No—the inspector had it, and I believe it is in the attorney's bands—I never had it—I have got a bill, but not the one you allude to—(producing one)—it is in the same state as when I received it—a bit is torn off the top—it was given to me the day I apprehended the prisoner.
(Property produced and sworn to.)
GUILTY . Aged 59.— Transported for Seven Years.
NEW COURT.—May 13th, 1840.
Fifth Jury, Before Mr. Common Sergeant.
GUILTY . Aged 22.— Confined Four Months.
GUILTY .* Aged 18.— Transported for Seven Years.
GUILTY . Aged 19.— Transported for Seven Years.
GUILTY . Aged 33.— Confined Ten Days.
GUILTY .** Aged 11.— Transported for Seven Years.—Isle of Wight.
GUILTY . Aged 17.— Transported for Seven Years.
THOMAS RICKARY PRESTON . I am captain, of the brig Mary Ellis, which was lying at Wapping. On the 30th of April, I was in Aldgate, near the Minories—I felt a click at my pocket—I turned round and the prisoner had my handkerchief in his hand—I collared him—I cannot say what became of the handkerchief—this is it—(examining one)—I know it to be mine—I am certain it is the same—I saw him take it partly out of my pocket.
THOMAS JONES . I heard a confusion as I was standing at our house, and saw a handkerchief in our lobby—it was close by where they were—I took it up, went to the door, and there saw the prosecutor collaring the prisoner—I said I would get a policeman.
Prisoner's Defence. I was walking along, and this gentleman caught hold of me and said, "You have got my handkerchief."—I said I was willing to be searched; he said he was sure I had it; a lady held up a silk handkerchief and said, "Here is a silk handkerchief "—I did not have any handkerchief in my hand.
GUILTY .* Aged 20.— Transported for Ten Years.
1359. JOHN BURNETT was indicted for stealing, on the 28th of April, 1 jacket, value 5s. the goods of James M'Burney, in a vessel in a port of entry and discharge; and that he had been before convicted of felony.
JAMES M'BURNEY I am a seaman on board the Grace Darting. On the 28th of April, she was in the Regent's Canal dock—my jacket was safe that morning—I missed it in the evening—this is it—(examining one.)
WILLIAM SHEEN . I was on board the vessel on this day—the prisoner was there—I saw him pull his own jacket off put another one on, and put his own outside the gate—I think the jacket he put on was a blue one—I told the coal-heavers of it directly—they did not go after him—he was drunk at the time—he staggered very much, and was very near falling into the barge from the ship's side.
ELLEN COLEMAN . On the 28th of April, I was in High-street, Shadwell, sitting outside the Pavior's Arms public-house, and saw the prisoner—Mary Brown came and spoke to me—in consequence of what she said
I went to the prisoner—he had a jacket on his back—he gave it to Brown, who gave it to me, and asked me to go and pawn it—he said he gave 14s. for it—this is it.
Cross-examined by MR. BALLANTINE. Q. Did he give it to Brown in your presence? A. Yes, I went to pawn it—Brown went with me to the pawnshop door, and asked me to go in, as I might get more money than she.
Cross-examined. Q. Do you know any thing of him since then? A. No.
GUILTY .† Aged 20.— Transported for Ten Years.
MESSRS. CLARKSON and DOANE conducted the Prosecution.
JOHN BERKLEY DAVIS . I am an ironmonger, carrying on business in Tottenham Court-road. The prisoner came into my service in March 1839—in September last he was paid by commission—he was to receive a certain commission on the goods he sold for me—I have an order-book—I hare looked into it, with reference to some goods which be furnished to Mr. Creswell, a customer of ours, on the 9th of September—it is in the prisoner's hand-writing—the goods were supplied—their amount was 6s., 4d.—I did not receive that 6s. 4d. from the prisoner—there is another entry on the 25th of September to John Wainwright for 5s. 4d.—I did not receive that on the 1st of November—there is an order to Ashley for 7s. 9d—he has not accounted to me for that—it was his duty to account to me every day, and in my absence, to Mrs. Davis—I dismissed him on the 23rd of November—I made no specific charge against him—he went over his accounts after that, on the 3rd of December—he would then have an opportunity of making up his accounts with me—he did not account to me for either of these sums.
Cross-examined by MR. STURGEON. Q. What was the nature of your hiring him? A. As a commission traveller at last, but the first was at 30s. a week—he had been in the same business—for all orders that he took I paid him the commission—he brought a number of customers—nothing passed between us respecting his own connexion—I did not agree with him that the commission was only on those customers which had originally belonged to him—since he has been in custody I have been to some of his original connexions—I have not stated to them that I wished for their business because I had locked him in prison—I will swear I never made use of that expression, or any thing to that effect—I have solicited their custom—I may have mentioned that I had been robbed—I went to Mr. Beavis's, and said that coming within a few doors of him I hoped he would send in as usual—then the conversation arose about the prisoner, and from conversation I found the prisoner had been an intimate friend of his, and I stated that he had robbed me to a considerable extent—I generally settled with him weekly—when he was on commission I was to reserve a third of the commission—it was not strictly due till the debts were collected, but I advanced him two-thirds, as he had nothing to live on, and
the reserves were to meet bad debts—if he introduced me to one of his old customers, and it turned out a bad debt, that would be deducted out of the commission to reimburse me for the money I had advanced—I bought all the stock he had—when we settled the commission, I allowed him for what had been bought—I was never in his debt for stock—he stated he had some little stock—I would not allow his doing business for me, and on his own account, but I had no objection to his bringing it—I paid him 2l. at first in advance, and the difference was paid from his commission—I had parted with the whole of that stock when he was discharged, with the exception of a few gridirons—he did not supply any thing to my customers from his own resources but once—that was some, glue to Mr. Paul—MR. Paul came to my house, and asked for his account—I made it out as 16s. 6d.—he said, "I have had some glue, I owe you more"—the prisoner said, "It is all right"—I supposed it had not been put down—I added it to the bill, and received it, supposing it was my own—when he was gone, the prisoner said, "It war a little, glue I had in my own stock"—it was what is called Scotch glue—I do not keep Scotch glue—I handed the amount to the prisoner, and forbid any thing more of the kind'—here is the entry in my book—I usually made the entries in the book—the prisoner made some, and Mrs. Davis made some—I have never had a dispute with the prisoner about coming to a settlement—a policeman was called in one night after the settlement, as the prisoner behaved himself in a very abrupt manner, because I wanted a copy of the commission account—I called in the policeman for my own protection—I had a scuffle about the book in which he had the account of the commission kept—after I had settled his account, and made it up in his book, and he had given me an I O U for the. balance he owed me, I wished to have a copy of that account—he kept it in a book of his own—I insisted upon having it, and I caught hold of it—he had the book after giving me a copy—some months after that we went to Islington together, and some words took place—we had no quarrel—we did not part friends on that occasion—I kept a horse and gig, but we went with the prisoner's pony, as I had lent my horse—I understood a friend had lent the prisoner the pony—part of my harness was on the pony, and the other part was the prisoner's—he said a friend had lent it him to go round to the customer—he had to go to Hammersmith,. Clapham, Hounslow, and carious places wherever, he chose, with the gig—when we got to Islington that night, the prisoner was in a hurry, and said he wanted to go somewhere—I wanted to leave the gig at my brother's, and he role the pony, and left my gig—I took away the harness and the bridle, as they belonged to me—we had no words about the accounts—I think the prisoner called twice at my house alter he quitted me, to settle accounts—I am certain he did not call four or five times—I never beard of his calling after the 3rd of December.
THOMAS PRESWELL . I live in Little Albany-street, North-road, St. Pancras, and am a carpenter. The prisoner who represented himself as traveller to Mr. Davis, furnished me with things—I gave him orders several times—I have the invoices for goods for which I gave orders—here is one on the 9th of September—I cannot say who delivered these goods but they came in, and I paid the prisoner for them, between the 10th of September and the 12th of October—(bill read)—"Mr. Preswell.—Bought of J. K. Davis, Sept, 9, goods, 6s. 4d.—paid.—R. G. M."—I never knew him in any other capacity than as traveller to Mr. Davis.
Cross-examined by MR. PHILLIPS. Q. Do you mean to swear that you never knew him before he came to you, as being in Mr. Davis's employment? A. Never, sir—he introduced me as a customer to Mr. Davis—he came into the shop and brought me some patterns of different nails and screws—it was about June last, I think—I never dealt with him, but as servant to Mr. Davis, till the last bill, which was in his own name, but I did not see it, as I was not there when the goods came in—I thought they came from Mr. Davis as usual—my wife took in the goods, and the bill was tucked in under the cord of the parcel—I did not see the bill, as my wife put it into the cupboard—I never had the curiosity to look at it—it has never been paid—MR. Davis has not claimed it, nor has the prisoner yet, he shall have it when he claims it—MR. Davis has claimed what I owe him, and more, but he has not claimed for that parcel—I think the parcel contained one thousand tenpenny nails, a quarter of a thousand twentypenny, two thousand tacks, and some glue—I should think it was 6s. or 7s. in amount—I did not bring the bill—I have not seen it this month or two—it is headed in the way Mr. Davis's bills are, only "Bought of Matthews," not Davis.
JOHN WAINWRIGHT . I am a frame-maker, and live in Rose-street, Soho. I knew the prisoner as a traveller for Mr. Davis—he brought me some goods about the 25th of September—they came to 5s. 4d.—this is the invoice—I paid the prisoner for them.
Cross-examined by MR. STURGEON. Q. When did you first know the prisoner? A. I should think about July last—he applied for my custom—I did not know Mr. Davis till he applied to me for money for goods that I had paid the prisoner for—the prisoner always represented himself to me as Mr. David's traveller, and when I wanted goods I sent to Mr. Davis for them.
JAMES ASHBY . I am a blind-maker, and live at Knightsbridge. I knew the prisoner only as coming from Mr. Davis's—I had some goods about the 1st of November last—they came to 7s. 10 1/2 d.—I paid the prisoner for them, I think, within a fortnight of the time—here is the invoice—it has the prisoner's receipt to it.
CHARLES PURKIS (police-constable E 77.) I took the prisoner at his own house, in Hunter-street, on the 22nd of December—I asked him if Mr. Matthews was at home—he said, no, he was not, he would be at home at half-past twelve o'clock—I said I came from Mr. Davis, in Tottenham Court-road, who charged him with felony and embezzlement—he said, "I don't know such a person as Mr. Davis"—I said, "I believe you are Mr. Matthews"—he said, "No, I am not"
Cross-examined by MR. PHILLIPS. Q. Did you keep any books? A. I used to attend to the shop books—I think there are about three books in the shop—when I received money from the prisoner or from a customer, I put it sometimes in the till, and sometimes in my pocket—I really do not know that I have made any mistake—I never charged a customer over again for what he had paid for before, to my knowledge—I think it is very likely—what I have received of the prisoner I have signed the book for.
Q. Look at this bill, and tell me whether you did not make a mistake with this customer? A. The young man came to our house, and I said,
"Is this bill paid?"—he said, "Yes, and I will bring you the bill, to be convinced"—I said, "Very well," and when I looked at the books I saw it was paid—the signature to the bill is mine, but the bill is not—I believe it to be Mr. Davies's writing—I put "Paid" to the bill when I received it—I think the prisoner called about his commission account when my husband was not at home—I am certain there is nothing due to the prisoner.
(The prisoner received a good character.)
GUILTY. Aged 34.—Recommended to mercy by the Jury. — Confined Six Months.
MARTHA CROSSBY . I live in Oxford-street, and am assistant to Mr. James Glascock; the prisoner was his servant. On the 27th of April, in the evening, I counted the money in the till—there were 3s. in copper, sixteen shillings, one half-crown, and three sixpence's, in silver—the prisoner was in the shop, and I heard the till open—a customer came in, and I went behind the counter to serve—I took the till out, and one half-crown and two shillings were missing—the policeman was sent for, and a half-crown which I had marked was found on the prisoner—there was no one else in the shop to take it.
Cross-examined by MR. BALLANTINE. Q. Had you marked it? A. Yes—the letter "G" is erased, so that I am able to know it again.
JAMES GLASCOCK . The prisoner was in my service about five months—I never doubted his honesty before—I think he has been led into this—I have another establishment, and would take him there immediately.
GUILTY. Aged 19.—Recommended to mercy. — Confined Three Days.
WILLIAM ADAMSON . I am a carpenter, and live in Bartholomew-close. I was working at No. 22, Hensley-street, Euston-square, on the 28th of April—I left these tools safe about half-past eight o'clock—I afterwards found them at Mr. Cubitt's—these are mine.
Prisoner. Q. Had you other property there? A. Yes—I had left no one on the premises.
JAMES WILLIAMS . I am a watchman in the employ of Mr. Cubitt. I was walking round the premises, and when I got to No. 22, I saw the door open, and the prisoner coming out with a bundle—I found these tools on him—he said he wanted Simmons, a carpenter.
Prisoner. I am a house painter; I was out looking for work, and saw the door of this house open; I went in, and, seeing these things, was tempted to take them to get a loaf for my children.
(The prisoner received a good character.)
GUILTY. Aged 32.—Recommended to mercy. — Confined One Month.
1363. CHARLES SAMBROOK was indicted for stealing, on the 18th of April, 168lbs, weight of potatoes, value 4s.; and 1 sack, value 6d.; the goods of William Davies; from a wharf adjacent to the navigable river Thames.
WILLIAM HENRYGARRETT . I am a fellowship-porter, and live in Lower Neptune-street, Rotherhithe. On the 18th of April I was employed at Black Lion Wharf, East Smithfield—I saw the prisoner take a sack of potatoes from the wharf—I followed him as far as the London Dock bridge—I there gave him in charge—this is the sack.
WILLIAM DAVIES . I am a potato-salesman, and live in Red Lion-street I had some potatoes at Black Lion Wharf—I have examined those found on the prisoner, and they are the same sort as we were working that day, I am convinced.
Prisoner. I have worked for the prosecutor, and taken money for him; he has left me to sell things; I took these to sell, to get a shilling by them.
MR. DAVIES. I have employed him, but not lately—he had no business to take them—I never knew any thing against him before.
(The prisoner received a good character.)
GUILTY. Aged 23.—Recommended to mercy. — Confined Three Months.
THOMAS RICHARD HARRISON . I have one partner, and we carry on business in St. Martin's-Jane. The prisoner was our errand-boy—in consequence of circumstances, I had five half-crowns and ten shillings marked and put into a canvass bag, which I locked in the iron chest, in the counting-house, on the 26th of April—on the morning of the 27th I watched and saw the prisoner come into the counting-house with a key in one hand and the canvass bag in the other—he unlocked the chest, and put the bag into it—I then went from the place where I was concealed, and took hold of him—I said, "I have been waiting for you, and have caught you at last"—he said, "What for? I have done nothing"—he then produced this key, and said he had found it in the dust—I went to the bag, and found that a portion of the marked money had been restored, and was in the bag—this is it, but two half-crowns were gone out of it and ten shillings, the rest is in the bag now—this bag has never been out of my possession since—I had put the key of the chest into my pocket when I locked the bag up—the key the prisoner had was a false key.
GUILTY . Aged 13.— Transported for Seven Years—Isle of Wight.
live in East-street. I had a copper fixed at No. 2, next door to me—I had seen it safe some time back—on the 20th of April I received information, went after the prisoner, and found this copper on him—I brought him back with it—he made no hesitation at coming—it is mine.
ANN SHORT . I live in East-street. On the 20th of April I heard a noise, and went down stairs—I saw the prisoner at the copper, and supposed he was taking it out—I went and told Mr. Bould, my landlord, of it—this is the copper.
Prisoner's Defence. I was passing the house; a man stood in the passage, and asked me if I wanted a job; he told me to take this copper, and go on.
GUILTY . Aged 18.— Transported for Seven Years.
ELIZABETH JEFFRIES . I am housekeeper to Mr. Richard Eaton, a butcher, in Featherstone-street; Martin was his shopman. On the morning of the 26th of April I concealed myself in the parlour, and could see into the shop—I saw three persons come in—one of them bought some pork of the prisoner—he went to the top of the cellar-stairs, and called to my daughter, "Mary Ann, are you there?"—she did not answer—he went and put the money on the desk—he then went to the door, beckoned, and Copeland came in—he gave her some beef and mutton—I ran into the shop and said, "Where is the money for the meat?"—he made no answer—I ran out and found Copeland next door—I brought her back, and met Mr. Eaton at the door—Martin then said, "There is the money," pointing to the desk—I said, "No, John, that is not for this; I have been watching you ever since six o'clock this morning"—he then begged forgiveness, and said it was the first time—Copeland said then that she was his wife, but at the office she denied it.
RICHARD EATON . I was called down about eight o'clock that morning—the witness brought Copeland into the shop, and said, "Here are the two pieces of meat that John gave this young woman"—Martin begged for mercy, and said it was the first time—Copeland followed him into the parlour, and prayed very much for me to forgive him—she said he had a wife, and I understood she was his wife, but since that she denied it.
Martin. I intended to pay for it when I took my wages; I took the meat from the hook, and put it into the scale.
Copeland's Defence. My husband, who is the prisoner's brother, sent me to ask him to lend him 2s.—he said he had not got it, but he lent me these two pieces of meat.
MARTIN— GUILTY . Aged 26.
COPELAND*— GUILTY . Aged 24.
Confined Six Months.
in the morning of the 27th of April, I saw the prisoner get over the rails of No. 32, Bedford-place—I took him, and found these cocks on him.
EDWIN BASS . I was in Gower-street that morning, and heard a cry of "Stop thief"—I saw the prisoner run, and stopped him—he threw something out of his pocket—he was taken to the station-house, and these two Cocks found on him.
GUILTY . Aged 19.— Transported for Seven Years.
(There was another indictment against the prisoner.)
1368. SARAH CHAPMAN was indicted for stealing, on the 28th of April, 1 watch-guard, value 2s.; 1 yard of lace, value 2s.; 1 neck-chain, value 5s.; 1 purse, value 1s.; 2 sovereigns and 2 half-sovereigns; the property of Lewis Aarons, her master.
LEWIS AARONS . I live in Russell-court, Brydges-street, the prisoner was my servant. On the 3rd of April I had a leather purse, which contained two sovereigns and two half-sovereigns—I thought I put it into the desk, but it was not there—I told the prisoner to look for it—she said she could not find it—I had my suspicion—she was taken, and the purse found on her—this watch-guard, neck-chain, and other things, were found in her box—I had not missed them, but they are mine—this is my purse—it contained two sovereigns and two half-sovereigns (looking at it.)
JOHN RUSSELL . In consequence of what the prosecutor said to me, I went to the prisoner, and told her her master had been robbed of some money—I asked if she had any money by her—she said, "No," where should she get it?—I said, "You have got money by you, feel in your pocket"—she then said, "I think I have got 2l. or 4l. by me"—I said, "Where did you get it?"—she said, "If you don't take me away from here I will tell you; I robbed my master of it"—she went on her knees, and begged I would not do any thing to her—I called the officer—she took the money out, and said, "There, that is my master's money; don't say any more about it."
JAMES LEWIS ASHMAN (police-constable F 119.) I saw the prisoner take the purse out of her pocket, and throw it on the floor—she said, "There it is, take it"—I found these other things in her box, and this pair of boots, which she said she bought with money she took from the shop—1s. 3 3/4 d. was found on her, which she said was her own.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy. — Confined Three Months.
HENRY MASON . I keep a shop in Broad-street, Ratcliff. On the 26th of April this lead was in my shop—(examining some)—I can take my oath that three of these pieces were there, and I have no doubt the rest of it is mine.
JOHN MASON . I am the prosecutor's son. On the 26th of April I heard a noise under the counter in the shop—I went and found Tullock under the counter—I asked what he did there—he said he had come for a bag he had left on the Saturday—he was given in charge.
eight o'clock—they went on towards the prosecutor's shop—I saw them separate, and Lynch stood at the end of a turning—I was then called in, and they had found Tullock under the counter—I took him, and he had this lead—I took Lynch the next day.
Tullock's Defence. I went to ask for a bag; there was nobody there; I went under the counter, and got my bag.
TULLOCK**— GUILTY . Aged 18.— Transported for Seven Years.
LYNCH— NOT GUILTY .
HENRY BAKER . I am shopman to Margaret Davis, a linen-draper at Uxbridge. On the 2nd of May the prisoner and another young woman came to the shop, and went to a glass case—I was serving a customer, and was a quarter of an hour before I went to them—I had seen the prisoner put her hand on a ribbon-box, which caused me to suspect her—I then went to serve her, and missed a piece of ribbon from the box—I said she had got one, she denied it—I took hold of her, and she had this ribbon.
Cross-examined by MR. BALLANTINE. Q. Had she not a bundle? A. Yes—she had been drinking, but knew what she was about—when I asked her about the ribbon, she seemed confused—she said, "You know I bought this dress here"—she had a dress, which she had bought at our shop—I went for an officer, and left Mist Davis at the shop-door—when I came back the prisoner was at the door—she might have gone away—she and her friend were both at the glass, but I saw the prisoner's hand on the ribbon-box.
GUILTY . Aged 28.— Confined Six Months.
WILLIAM PROPHIT . I am a surgeon, and live in Gray's Inn-lane. The prisoner was my errand-boy—I put four shillings into my desk on the evening of the 20th, and missed two shillings the next morning—I accused him of taking them—he at first denied it, but when the officer came he confessed it—he said he had spent the whole of it—I bad promised him if he would tell me what he had done I would forgive him.
NOT GUILTY .
1372. PATRICK WELCH was indicted for stealing, on the 13th of April, 1 purse, value 1s., and 2 shillings, the property of Peter Alexander Young, from his person; and that he had been before convicted of felony.
PETER ALEXANDER YOUNG . I reside in Great Russell-street, and am a merchant. On the afternoon of the 13th of April, about five o'clock, I was in Regent-street—I had two shillings in a purse in my coat-pocket—I had not seen my purse for some time, but I felt it safe—I felt something at my pocket—I turned round and collared the prisoner—I said, "You are picking my pocket"—he said, "It is not me "—a gentleman who was standing by took up the purse about two yards from him and gave it me.
WILLIAM HILLARY . I am errand-boy to Alexander Gordon. I was a in Regent-street—I saw the prisoner behind the prosecutor—he had his hand in his pocket—I saw the purse come out, and he threw it on the ground when the gentleman laid hold of him.
Cross-examined by MR. DOANE. Q. What time was this? A. A quarter-past five o'clock—I think I had seen the prisoner before—I had had no quarrel with him.
GUILTY . Aged 19.— Transported for Ten Years.
EDWARD NATHAN . I live in High-street, Poplar, 'and am a pawn-broker. On the 27th of April, my young man hung this shawl up on the front of the house—the prisoner was brought back with it, and asked me to forgive him.
GEORGE BEACH . I live in High-street, Poplar, and am an ironmonger. On the 27th of April I saw the prisoner take the shawl from the prosecutor's shop-front—I called, "Stop thief," he was taken, and brought back.
Prisoner's Defence. I saw it on the ground, and I took it up.
GUILTY . Aged 19.— Confined Three Months.
1374. JAMES GIBBONIER was indicted for stealing, on the 23rd of April, 1 shawl, value 12s., the goods of Daniel Collins, from the person of Martha Foster.—2nd COUNT, stating it to be the goods of John Foster.
MARTHA FOSTER . I am the wife of John Foster. On the night of the 23rd of April, about one o'clock, I was in Swan-street, Bethnal-green—I had this shawl on my back, which I had borrowed of Daniel Collins—I had been in search of my husband, and was returning home—the prisoner came behind me, and snatched the shawl off my shoulder, and ran down Swan-court—I ran after him, and scuffled with him for about two minutes—he then got from me, and ran up Swan-street, and on to Slater-street, where he was taken by the officer—the officer brought me the shawl the next morning—I know it is the same—I never lost sight of him.
Cross-examined by MR. DOANE. Q. Did you see the shawl in his hand? A. No, but I am sure he took it, because there was no one else near me—I felt him take it—I could not see him—it was pitch dark—I had never seen him before—my husband had been out with some friends, it being holiday-time—I had been to several places to look for him—I was not walking when the shawl was taken—I was considering what way I should go—my husband went out after dinner, and I went out between nine and ten o'clock—I called at my mother's—I had not drank any thing—I live in Pollard-row, which is about ten minutes, walk from where I lost my shawl.
JOHN FRANCIS (police-constable H 148.) I was on duty in Brick-lane, and heard a woman cry "Police"—I ran up Slater-street, and met the prisoner running—I crossed the road to him, and he said, "There is a woman accuses me of stealing a shawl, and I was going for a policeman to satisfy her that it is not me"—MRS. Foster was running up, and some persons
after her, but none 'between her and the prisoner—I took him to Swan-street, but I could not find the shawl that night.
Cross-examined. Q. He stopped of his own accord? A. Yes, when I got to him—there are a number of privies in Swan-court—I found one of them shut that night, and a man and woman were in it.
GUILTY . Aged 25.— Confined Six Months.
RICHARD AMOR . I am a baker, and live in Lucas-street—the prisoner was my servant. I had a sovereign safe on Sunday evening, the 19th of April, when I and my wife went to church—it was in my wife's drawer in the bed-room—there was other money there, and that was safe on the Monday morning, but the sovereign was gone—I spoke to the prisoner about it—she burst into tears, and said she knew nothing about it—I called in a policeman, and we looked about the place, but could not find it—she was taken, and a sovereign was found on her—my sovereign was not marked.
MARTHA AMOR . I am the prosecutor's wife. I left five sovereigns and 14s. 8d. in the drawer when I went to church—I missed one sovereign, which was away from the others—no one but the prisoner could have taken it.
MARY DOUGLAS . I am searcher at the station-house. The prisoner was brought in—I asked her if she had got any money—she said, "No, not a farthing"—I found this sovereign in the lining of her gown sleeve, tied with this piece of ribbon—she said, "For God's sake, keep it"—I said no, I would not—she said she did not care" a d—, she could only do as she had done before.
Prisoner's Defence, I went out on the Saturday morning, and met a man named John Simmons, who owed my father a deal of money—I said, "Do you mean to pay my father?" he said, "No;" I said, "I will give charge of you;" he said, "I have a sovereign;" I said I would take that and I took it—I did not say I had no money.
NOT GUILTY .
Second Jury, Before Mr. Sergeant Arabia.
GUILTY . Aged 18.— Transported for Fourteen Years.
GUILTY . Aged 29.— Transported for Ten Years.
27th of April I sent him with some leather, and an account to Mr. Wilson for 4l. 2s. 7d.—he returned in about three hours and a half, partly drunk—he put down 3l. 2s. 6d. on the counter, and said he had received no more—I said there was 1l. 0s. 1d. short—he said if I did not acknowledge it he would take it up again, and I took it.
Cross-examined by MR. CLARKSON. Q. What time did you send him? A. At near twelve o'clock—he was quite sober then—I had him taken to the station-house—I do not recollect that I spoke angrily to him for being drunk—I might do so—he lives seven doors from me.
Cross-examined. Q. Have you got the receipt? A. Yes.
NOT GUILTY .
SAMUEL WILLIS . I am foreman at Ralph Wilcoxon's shoe-warehouse, in Tottenham Court-road. On the 27th of April, between one and half-past one o'clock, Barrett came into our shop, and gave information—I ran out, and overtook the prisoner at some distance—I charged him with having something that did not belong to him—he drew these boots from under his coat, and gave them to me—they are my master's.
WILLIAM BARRETT . I saw the prisoner coming from towards the shop, and going up Howland-street with the boots and the ticket on them—I gave information, and the witness brought him back—he begged very hard of Mr. Wilcoxon to forgive him, or place him where he might be taken care of.
Prisoner's Defence. A young man asked me to hold these boots, and he ran off.
GUILTY. Aged 18.—Recommended to mercy. — Confined Six Weeks.
1380. HANNAH BRIDGES was indicted for stealing, on the 12th of April, 3 napkins, value 3s.; 1 pair of stockings, value 3s.; 1 thread-case, value 2s.; 1 pin-cushion, value 6d.; 1 piece of jet, value 1d.; and 1 farthing; the property of Benjamin Bridges, her master.
MR. DOANE conducted the Prosecution.
MARY ANN BRIDGES . I am the wife of Benjamin Bridges, who keeps the Ink Horns public-house, in Nicholl-street, Bethnal-green. The prisoner had been five months in our service—she had asked for a holiday at the end of April, and was refused, but went away about two o'clock in the day, and did not return till two o'clock the next morning—we did not choose to let her in—she was dismissed, and came for her boxes on the Wednesday following—I did not see her pack all her things into the box, but there were some things in it—I had suspicion, and spoke to a policeman, who found these things.
Cross-examined by MR. CHAMBERS. Q. Who lived in your house besides A. Not any one—the prisoner slept in a small bed-room on the first-floor—it was on Easter Monday that she went away—my husband would not let her in—she did not come again before the Wednesday—in the meantime her room was locked—my husband had the key—I have no reason to believe my husband flirted with her—I spoke to the prisoner
about her flirting with some young men—I do not know when that was—perhaps about a month before her going away—I did not go and visit her at the station-house, nor did my husband, that I know of—she came on the Wednesday morning, and said she would come in half-an-hour for her box, but she did not come again till the Thursday—I went into her room when she took her boxes—I had looked in her large box before I went into the room with her—I did not see the small box till she fetched it away—I did not see her take that one away—it could be concealed, as it was a very small one—she might be there about half an hour when she came for her box—my husband was not at home when she came—he came in while she was there—he had imparted to me something, and that led to my speaking to the policeman—my husband wished to know where she took her boxes—she did not offer to let me look into her boxes before she took them, and I did not ask to do so—I did not charge her with any thing—my husband told her to come for her wages next day—the value of these napkins is 3s.—I do not know whether the whole of these things might have been rolled up and put into a person's pocket—I have never expressed myself as being a little jealous—I believe there was a fortnight's wages due to her when she left—I had paid her 10s. the last payment—her wages was 6l. a year—she has not received the fortnight's wages—she had given me notice that she intended to quit my service—she would have left a fortnight after I shut her out—I never begged of her to stop—I told her she might go if she pleased.
MR. DOANE. Q. Is there any truth in your husband flirting with this woman? A. No, Sir, not the slightest—she has subpoenaed my husband here—these articles are mine—one of these copper coins is a farthing—I do not know what the other is—they were kept in a drawer in my bed-room, and this piece of jet was with them—these are a pair of silk stockings.
MR. CHAMBERS. Q. How do you know this piece of jet? A. By the shape of it—I put no value on it—one of these copper coins has a female with a pair of scales on one side, and on the other two faces—I believe it is William and Mary.
HENRY COTTON (police-constable H 60.) I followed the prisoner on the 22nd of April to No. 26, Vincent-street, Bethnal-green, and found these things in her boxes—the two coins and the jet were in a small box in the large one—I opened the small box with a knife—it was locked.
Cross-examined. Q. Who went to point oat what boxes you were to examine? A. Mr. Bridges—he asked her where her box was—she pointed, and said, "There it is"—I laid hold of the corner of the box, and pulled it a little forward—the prisoner lifted up the lid, and took something out—MR. Bridges owned the napkin, and then we came to a small box—he said to me, "Open that, policeman"—I got a knife and opened it, and found the two coins and the piece of jet there.
GUILTY. Aged 19.—Recommended to mercy by the Prosecutrix and Jury.
Confined One Month.
1381. JOHN O'DONNELL was indicted for stealing, on the 21st of April, 1 watch, value 2l. 15s.; 1 seal, value 5s.; 1 watch-key, value 2d.; and 1 guard, value 4d.; the goods of Henry Matthews: and EDWARD HERON , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
HENRY MATTHEWS . I am a shoemaker, and live in Henrietta-street. O'Donnell lived in the same house—on the 21st of April I took off my clothes on the stairs, in a state of intoxication, and whether I left my watch on the stairs with my things, or put it in the window, I am not certain—when I came to myself the next morning I missed my watch—this is it—(looking at it)—O'Donnell did not know that I had a watch.
Cross-examined by MR. PHILLIPS. Q. Were you in such a state that you might have left it on the stairs? A. I might.
THOMAS LYNE . I am a police-sergeant. I was at the station-house when the prisoners were brought there, on the 23rd of April—O'Donnell said the watch belonged to his wife; and then he stated to me that, in going to work in the morning, he heard the watch tick under some clothes on the window-bench, and put it in his pocket with the intention of finding the owner, but he got intoxicated, was short of money, and gave it to Heron to pawn.
NOT GUILTY .
SUSANNAH WALTER . I am the sister of John Walter, who lives in Carburton-street. This bacon was taken from his shop-window, about a quarter past nine o'clock at night, on the 22nd of April—I did not see it taken—a person brought it back, and I knew it.
ANTHONY VOGT . I saw the prisoner take this bacon from the prosecutor's window—he wrapped it in his apron—I ran after him, be dropped it, and ran away—I left the bacon, and ran and took him—he begged me to let him go, and said he would not do it again—I took him back, and a boy picked up the bacon—I took it to Miss Walter—she begged me to stay till the policeman came and took the prisoner.
GUILTY . Aged 22.— Transported for Seven Years.
1383. DAVID JACOBS was indicted for stealing, on the 3rd of April, 1 purse, value 6d.; 6 half-crowns, 14 shillings, and 1 sixpence; the property of Thomas Francis Sanger; from the person of Mary Sanger.
MARY SANGER . I am the wife of Thomas Francis Sanger, a Greenwich out-pensioner. On the 3rd of April I was in Pell-street, between two and three o'clock in the afternoon—I took my child to see some puppets, which were playing—I had my puree in my pocket, containing 29s. 6d. in silver—there were four half-crowns in it, and, I believe, more—there were some shillings and some sixpences—I did not feel any body touch my pocket—I had the child in my arms—he did not wish to see the puppets, and I took him home—I then missed my purse—I am positive I must have lost it at the bottom of the street—I know it was safe when I went out—I saw the purse again at the office—this is it.
to Pell-street—he had another with him—they passed me—I saw they had got something they had no business to have—I walked after them, and the prisoner put his band into his pocket and drew something out—he said, "This is a b——y good skin," when they got to the end of the street, I then took them—I asked the prisoner what he had got—he said, "Nothing but one penny"—I took him to the office, and took this parse from him, containing six half-crowns and 14s. 6d.
Prisoner. I was coming along, and picked up the purse.
GUILTY .** Aged 16.— Transported for Ten Years.
CHARLES WEBB . I am a seaman, belonging to the barque Bombay. These watch-guards and other articles were in the barque—I left them there on the Friday before Good Friday—the prisoner was quarter-master, and was on board the vessel—I missed my property when the vessel came into the East India Docks—I afterwards saw these things at the Cock public-house, in Ratcliff-highway—I showed them to the prisoner at the Thames Police-office—he said he was sorry for what he had done, and be would make amends for the guard that is still missing.
Cross-examined by MR. DOANE. Q. How long had you known him? A. About twelve months—I think he took these things in a drunken frolic—one of the ship's crew told me where they were, and I found them.
NOT GUILTY .
OLD COURT.—Thursday, May 14th, 1840.
Third Jury, Before Mr. Sergeant Arabin.
1385. THOMAS MITCHELL was indicted for burglariously breaking and entering the dwelling-house of Edward Gardener, on the 30th of April, at St. Giles-in-the-fields, and stealing therein 1 pencil-case, value 2s.; 2 studs, value 1l.; 10 sovereigns, and 1 5l. Bank-note, his property; to which he pleaded
GUILTY . Aged 16— Transported for Ten Years.
1386. HENRY GARDENER, MARK BARKER , and JAMES SMITH , were indicted for stealing, on the 1st of May, 3 spoons, value 1l. 5s.; and 1 fork, value 5s.; the goods of Charles William Elwood; to which they severally pleaded
GUILTY .— Transported for Seven Years,—Isle of Wight.
GUILTY . Aged 17.— Confined Three Months.
from the kitchen, on the 16th of April—I had seen it between four and five o'clock in the evening.
Cross-examined by MR. HORRY. Q. Your kitchen is on the ground floor, and there is a side-door to the house? A. Yes, you must pass the bar to come out.
ALICE RICHARDSON . On the 16th of April I saw the prisoner go into the prosecutor's house—he came out in five minutes with the gown openly in his hand—he was so intoxicated he could hardly carry it—he nearly ran against my stall.
(The prisoner received a good character.)
GUILTY .* Aged 27.— Confined Six Months.
Before Mr. Justice Patteson.
CATHERINE HODNETT . I am housemaid to Dr. Theodore Gordon, in Duchess-street, Portland-place, in the parish of St. Mary-le-bone—the prisoner was employed to assist the footman, and his wife washed the footman's linen. On the 27th of April, about ten minutes to three o'clock the footman went out with the carriage—I was up stairs—I came down into the drawing room soon after—the cook was the first that came into the room—she stopped a short time, and then went up stairs—the prisoner came in and was looking at the ornaments about the room with the cook, who came back about two or three minutes after he came into the room—I then told him to help me, and hand me a few pins, as I was putting on the cover of the furniture—he helped me with two cushions—he afterwards went to the table where the ornaments were—I did not look after him—I was sewing on the cushions—he came over towards me with a common tortoiseshell snuff-box in his hand—he said, "I will take a pinch of snuff"—I said, "Do, I did not know there was any snuff in it"—he went away again to where the ornaments were—I did not look after him—I suppose he put that box down, for it was there after he was gone—he left the room in a minute or two, and said he would go away before the carriage came back—the cook left the room two or three minutes before him—I had seen the case in which the gold snuff-box was kept on the table in the morning, and dusted it—it was a small red leather case—I did not open it, but I took it in my hand to dust underneath it, and I think I should have missed the box if it had not been in it, as it would be lighter, but I could not positively tell—I took no particular notice—the prisoner was in the room about ten minutes, and I think it was a quarter to four o'clock when left the room—the carriage returned I think about half-past five o'clock, and the footman with it—in consequence of what the footman said, I went to the prisoner's house, which is near the Edgeware-road, but he was out—I saw his wife—I met him in the street as I came back—I followed him and said, "Mr. Godfrey, you have taken the Doctor's snuff-box in a mistake from the drawing-room"—he said, "What box? I have not taken any box "—I said, "You must have taken it, for there was no other person in the room but the cook and you "—I told him to search his pockets, as perhaps he
had it with him—he said, no, he had not seen ft—he would not search his pockets—I asked him to come with me to the Doctor's house—he said he had been to the house—he would not return with me—he said he would go home first—I walked by his side and said if he would not come back with me I would tell the policeman to take him—I said, the footman was gone after him to Tottenham Court-road, where his wife told me he had gone, and he would miss him—he walked very quietly by me, but would not return with me, and I told the policeman three times to take him—he looked at us, but did not come—the prisoner then said, "I will come with you, what is the matter?"—he turned round and came with me part of the way—the first turning he came to he ran away—I ran too, calling "Stop thief"—he was stopped, and a policeman took him to the station-house—the snuff-box was produced there by inspector Black—it is my master's snuff-box—(looking at it)—it is gold—I had seen it on Saturday night on the mantel-piece with the case open—before I went to the prisoner's house I had seen the Doctor open the case, which was empty, and he said, "Where have I put my snuff-box?—the footman is not here.
Cross-examined by MR. BALLANTINE. Q. How long had the prisoner assisted the footman? A. I believe about four years—I have very often seen him there—there was always plate and valuable property about—he was often in the pantry where the plate was—I dare say he had opportunities of taking it—I think he was sober on this day—he did not look drunk.
JOHN BURROWS . I am a policeman. On the 27th of April, I was on duty in Bowling-street, and took charge of the prisoner—Hodnett was close to him, and accused him of stealing a gold snuff-box—I took him towards the station-house—as we went along he threw something into an area—Haggerty went into the area, picked it up, and showed it to me—it was this gold snuff-box—I asked the prisoner how he came by it—he said he took it to take a pinch of snuff, and intended to return it again—I searched him at the station-house, and found a pocket-book with some papers, ten duplicates, and another snuff-box—I believe there was no snuff in that—I have produced the gold box here—it has been in the care of the superintendent—he is not here—it is the same box which Haggerty showed me—I know it by a mark, and the size of it—there is no particular mark on it.
Cross-examined. Q. Did you not say there was a mark? A. Well, there is a rub here in the side, but no particular mark—I swear it is the box—I saw this mark the night the prisoner was taken—(pointing it out)
JOHN NEWSON . I was present when the prisoner was apprehended—as he was going to the station-house I saw him throw something over the area with his left-hand—Haggerty immediately got over the area and picked the box up, put it into his pocket, and went to the station-house.
HUGH BUTLER HAGGERTY . I am a policeman. I went down into the area and picked up the box—I am sure this is it—I know it by a rub—there are four rubs on it—it was wrapped up in a bit of the "Penny Satirist" newspaper when I took it up.
on the chimney-piece—on Monday the 27th, when I came home, I missed it, on an observation being made to me—the case was left.
A JUROR. I am a jeweller—the intrinsic value of this box is above 5l.,—I should sell it myself at 10l.
(The prisoner received a good character.)
GUILTY. Aged 40.—Recommended to mercy by the Prosecutor and Jury. — Confined One Year.
Before Mr. Justice Coltman.
1390. THOMAS JONES was indicted for feloniously breaking and entering the dwelling-house of Charles Oliver, on the 7th of April, at St. Dunstan, Stepney, and stealing therein, 7 yards of linen cloth, value 8s.; 11 yards of printed-cotton, value 6s.; 1 gown, value 5s.; 1 shirt, value 5s.; and 4 pairs of stockings, value 4s., his goods.
GEORGE OLIVER . My father, Charles Oliver, lives in Clare-hall Cottage, Waterloo-place, Stepney. On the 7th of April, I went to his house about ten minutes after eight o'clock in the evening—I saw a light through, the window—my father was in the country at that time—I found the front door ajar, and an iron scraper placed against it inside—I entered the passage, and two men came out of the room into the passage—they were both strangers—I asked them what was up—they said, "It is all right, and Bob is backwards"—I said I did not think it was all right, nor should they go out till I had seen whether it was right or not—with that they struggled with me, and one of them said, "D—his eyes, knock him down"—they forced their way out, and got into the garden in front of the house—I attempted to take hold of them again, and they got through the gate, pulled the gate to, and struck me in the breast with it—they got into the street—I followed them into the field—one of them (the prisoner) fell down, and then I secured him—they had both been running—I was not out of sight of them at any time—it was nearly dark—it was twilight—I am sure I had them in sight the whole time, from the time of their getting to the gate till the man fell—I was close to them when they got out of the gate—I hit against the gate with my breast, which closed it—I had to open it again—I was about eight yards from them when I got out, and they rather gained ground—when the man fell, they were about as far from me as to the corner of this Court—they ran fifty or sixty yards before I caught them—I lost the other man entirely—the prisoner and I struggled in the field—I called, "Stop thief" all the way I ran, and when I secured him I called out for the police—a man named Bunn came up and helped me to hold him, and then Sergeant Shaw came up—we took the prisoner back to the house—I found every thing out of place and in confusion, drawers broken open and boxes too, and the things all in an uproar, all brought out into the middle of the room—the prisoner was taken to the station-house by a policeman, who Shaw gave him to—I afterwards went with Sergeant Parker with a lantern, which we got from the Maid and Magpie public-house, to the place where we had seized the prisoner, and found there four pairs of stockings and a crow-bar—I saw the prisoner in the passage from the light which was in the room, and know him by his face.
Cross-examined by MR. PAYNE. Q. Did he not say he was not the person who had been in the house? A. He did—the garden-gate opens into Wellington-place—there are houses between the cottage and the Maid and Magpie field—it was about ten minutes after eight o'clock—the road is very hilly, which caused him to fall—he just had time to get on his
legs as I came up—he made a blow at me, and struck me in my breast, as I was about to lay hold of him—it did not hurt me—the candle was on the corner of the drawers at the back part of the room, opposite the passage door—the room is about ten feet square—I could not see in what direction Bunn came—he was before the Magistrate, and was examined once, I believe, but was not bound over—I believe there was some little difference between his statement and mine.
ANN OLIVER . I am the wife of Charles Oliver, who is the son of Charles Oliver, who occupied Clare-hall Cottage. He was out of town at the time this happened—I and my husband had the care of the cottage while he was away, and lived in it—we always lived there—he was only gone on a job in the country, and was expected back again—on the evening in question I left the house about half-past six o'clock, with my husband and two cousins—I left the doors locked, and the shutters shot outside—we came home between one and two o'clock in the morning—we found my brother-in-law in the house, and the door broken open—I saw marks on the door next morning, as if it had been forced by a crow-bar—the drawers had been broken open, and the things turned out.
Cross-examined. Q. Have you any recollection of locking the door yourself? A. Yes, I did it myself—I am quite certain—I pushed against it alter taking the key out—we have lived in the house three years—it is my father's house—my husband is a church-bell hanger.
WILLIAM SHAW . I am a police-sergeant. About a quarter after eight o'clock on the evening in question I heard a cry of "Police"—I went up, and saw the prisoner struggling with Oliver—the prisoner fell—I went up and secured him—Bunn was up before me, endeavouring to assist the prosecutor, when I got up. but when I first saw them there were only two of them—I saw Bunn go up and assist before I got up—I collared the prisoner, and asked Oliver what was the matter—he said he had found this man and another in the house—the prisoner said. "I never was near the house, you knocked me down, and almost cut my finger off"—I took him back to the house—I found the front-door had been forced—there were marks on it, and the bolt of the lock was forced out of the box—the room was in confusion, and the property turned out of the drawers—a candle was burning on the drawers in the bed-room—the house is all on the ground-floor—I found this handkerchief stretched out on the bed, and this linen in it.
Cross-examined. Q. Did you observe whether his finger was bleeding? A. Yes, it was.
HENRY JOHN PARKER . I am a policeman. On the night in question I went to the Maid and Magpie public-house with Oliver, and got a light—we went to the field, and found four pairs of stockings and a crow-bar—Oliver pointed out the place to me, and the things wore found on the exact spot where he pointed out as having scuffled with the prisoner—I examined the bed-room door that night, and found a pressure, apparently done by some instrument just the width of this crow-bar—it was between the door and the jam—I put the crow-bar to it, and afterwards measured it, and consider decidedly that it corresponded—the drawers were inclosed with two folding-doors, and there were similar marks on those doors—I saw some marks on the outer door, but they appeared more forced by the body than an instrument—at the station-house 1 observed that three pairs of the stockings had blood on them, and remembering at the time the prisoner was brought in that his finger was cut, I asked him how that happened—
he said, "That is all I have got for my trouble; I heard the cry of 'Stop thief" I ran after the man, and had just laid hold of the tail of his coat, when he turned round and cut my finger, by some means, I don't know how"—I observed it was rather a haggled cut.
ANN OLIVER re-examined. I know this linen—this shirt is my father-in-law's—it is marked—it was in the middle drawer when I went out—I left nothing on the bed when I went out—I know this dress to be my mother-in-law's—that was also in the middle drawer, and this piece of print covered over it—I was in the room when she put them into the drawer—these stockings belong to her—they are new—there were six pairs tied in a piece of blue paper—they were all gone from the house on this night—my mother-in-law showed them to me just before she went away—they have no mark on them—I should not swear to them, but this pair I can swear to, which have been washed, and they were tied up in the same parcel—I believe them to be the same.
Cross-examined. Q. How long ago did you see her put them into the paper? A. The week she left—we have only found four pairs out of the six.
(Thomas Green, weaver, Bonner's-lane, Bethnal-green, deposed to the prisoner's good character.)
GUILTY . Aged 30.— Transported for ten Years.
Before Mr. Justice Patteson.
TIMOTHY CALMAN . I occasionally play the violin at Lawson's, the Hoop and Grapes public-house, in Whitechapel—the prisoner is a fiddler, and is quite blind. On Saturday, the 11th of April, I was at the Grapes between five and six o'clock in the evening—the deceased Richard Fleming was there—the prisoner came in, and was going away again, when Fleming told him he would be a pint to his pint—he then came back, and it was agreed to take a pot between them, but I cannot say which proposed tossing—they were both quite drunk—they tossed up—a dispute arose about it—the prisoner said he had won, and Fleming refused paying—the prisoner went to lay hold of him, but he shoved him away—the prisoner had a dog which was fastened round his body—he unloosed him, and tied him to the leg of the table—he then went to lay hold of Fleming, and Fleming shoved him away—it was not a violent push—he laid hold of him at the corner of his jacket—there was a struggle—they pushed about from one side to the other—there was no blow struck—the deceased fell undermost—the prisoner kept hold of him when he fell—I did not observe whether he fell on him till the last—the prisoner helped him up, and appeared the more powerful man of the two—they did not leave go of each other till the landlord came—there were three falls, and all before the landlord came in, and Fleming was always undermost—the prisoner did not fall on him the second time, but the third time he fell on him with great force—his knees I believe struck him in the lower part of his stomach—that was in falling—I saw no blows or kicks given by either party—there were several tables in the room—I did not see whether they struck against a table—when the prisoner helped him up, he appeared hurt then, having his hand on the
bottom part of his belly, and complained of being hurt there—when he complained the prisoner sat down on the seat—he had let go of him when the landlord came in—there was no more struggling after that—Fleming sat down, and appeared much hurt—he began to cry, saying he was ashamed of himself to have any thing to do with a man in darkness—I went out in ten minutes or a quarter of an hour, and saw him in the yard retching—I was present the whole time—I did not consider that either of them was right about the tossing up—Fleming went home, and I saw nothing more.
Cross-examined by MR. PAYNE. Q. At the time the scuffling took place they had hold of each other? A. Yes—both pulling at each other, and during that time, they fell against the table—I am quite certain there was no kicking or striking.
COURT. Q. You said you did not see them fall against the table? A. I meant he did not get the injury by falling against the table.
HONORA JOHNSON . I am servant at the Hoop and Grapes. I recollect the scuffle between the prisoner and Fleming—I was not there when they tossed up—when I entered the room they stood by the fire very peaceable and quiet, and the boy, who carried the pot of beer in, stood waiting for money—the prisoner undid his dog, and fastened it to the table—Fleming asked the prisoner to pay for the pot of beer, as he had won it fairly, and then he attempted to leave the room—the prisoner felt for the collar of Fleming's coat—Fleming pushed him away—they caught hold of each other, and there was a struggle—I saw no blow struck by either—they fell three times—my master came in at the time of the second fall—the first time they fell on the table, not on the floor—the second time they fell on the floor, and the third time against the corner of the table, both of them together—Fleming went on to the seat, the table turned between them, and from there they both fell on the floor violently—Fleming in falling pulled the prisoner down with him—the prisoner was uppermost, and he fell with his knees on the deceased's stomach, I believe—after Fleming got up from the fall, he complained of being hurt—after that there was no more scuffling, but Fleming attempted to strike the prisoner, and a woman told him not to strike a blind man, that was after they got up from the second fall—they were both drunk.
CATHERINE FLEMING . I am the widow of the deceased. My husband came home at ten o'clock that night—he appeared seriously hurt, and could not stand upright—he had been in pretty good health before—he was in liquor—I sent for Mr. Amersly of Wapping-wall, on Sunday afternoon, who bled him—he was taken to the London Hospital on Tuesday morning at eleven o'clock—he had been at home all that time, and did not meet with any injury in that time to my knowledge—he was not able to move about—he was in bed the whole time.
Cross-examined. Q. When did the parish doctor come? A. On Sunday night, between eight and nine o'clock, and on Monday he bled him.
GEORGE CREAM . I am a pupil in the London Hospital. Fleming was brought there on Tuesday morning, about eleven o'clock—I examined him—MR. Luke came about half-an-hour afterwards—he was in severe pain from the injury he had received in the abdomen—I did not see any external bruise—I could tell from his appearance that he was injured.
JAMES LUKE . I saw the roan on the Tuesday—he was labouring under considerable pain of the abdomen, vomiting continually, with great prostration of the whole system, and symptoms of fever—there was no external injury—I ordered a large number of leeches to the abdomen—in all about 140 or 150 were applied, which slightly reduced the inflammation—on the Thursday a small tumour made its appearance on the groin—it was a hernia—there was some doubt respecting the nature of it at the time, and I performed an operation—the operation itself was a dangerous one—the hernia had been of long standing, but I had not observed the tumour before that day—he died the evening of the day the operation was performed—there was a post-mortem examination, and I discovered most excessive inflammation of the covering membrane of the bowels, and a rupture of the small bowel, to the extent of three quarters of an inch, from which the contents of the bowel had escaped, and were diffused through the belly—there was the mark of a bruise near the rupture on the intestine—there was effusion, as the result of the inflammation, at various parts—there is a knob opposite the part where I had performed the operation, which was also the result of the inflammation—I have not the slightest doubt the rupture had been caused by external violence; and I suppose the violence was opposite the part itself, the lower part of the abdomen—a fall against a table, or on the ground, would occasion it, or a man falling with his knee against it—any external violence would have produced it—there was no disease of long standing, there was disease the result of the inflammation only—I do not think the rupture in the bowel could be occasioned by anything operating internally, without external violence—I consider the inflammation arising from the rupture was the cause of his death—I have not the slightest doubt of it—I think the operation performed had not the slightest thing to do with his death—I never knew a man who lived so long after a rupture of an intestine, assuming it to have taken place on the Saturday night—I attribute his living so long to the active treatment he was subjected to, the application of leeches—I consider it a mortal injury—I suspected it from the first, but could do nothing but what was done.
GEORGE CREAM re-examined. I was present at the post-mortem examination—I agree with Mr. Luke in what be has stated—I believe the cause of death to be the rupture of the intestine—I have no doubt of it—I am certain the operation had nothing to do with it—he died on Thursday, the 16th of April—on the 15th of April he made a statement to me—about ten minutes previous to his making that statement, at the Magistrate's desire, I told him ray opinion, that I was afraid there would be no chance of his living—he said he felt that himself—I took down his statement in writing, and he made his mark to it—this is it—(looking at it)—he was examined afterwards by Mr. Hardwick—I was present then, and the prisoner also, on the Thursday, the day he died.
(The declaration being read, stated that the deceased had tossed with the prisoner, who refused to pay for the beer, and he (the deceased) paid for it; that he got crabby, having to pay twice; that the prisoner threw him down, and whether he got his knee on him, or kicked him in the stomach, he did not know.)
JOHN PARKER . I am a policeman. I apprehended the prisoner—I asked if he recollected being in the company of the deceased—he said "Yes "—I asked if he bad any struggle or fight with him—he said no, he had a struggle, but no fight—I asked if he recollected kicking him—he said
no, he did not kick him—he said, if he had received any injury, it must have been when he fell on him, and he was very sorry for it.
NOT GUILTY .
Before Mr. Justice Coltman.
1392. JOHN HALL and JOHN HALL , junior, were indicted for feloniously breaking and entering the shop of Ebenezer West, at St. Clement Danes, on the 29th of April, and stealing therein 10 pairs of boots, value 1l. 5s.; 16 pairs of shoes, value 1l. 12s.; 6 other boots, value 2s.; and 1 other shoe, value 6d.; his goods.
EBENEZER WEST . I keep a shoe-shop at No. 4, Vere-street, Clare-market; I do not five there. On the 29th of April I left it about eleven o'clock—I cannot say the day of the week—I know it was the 29th—I was before the Magistrate on the 30th—Lshut the door, and locked and, padlocked it—the shutters were also fattened by a bar, and bolted inside—I was sent for to the shop at eight o'clock next mornings and found the lock and padlock broken, and the articles stated gone—I did not know exactly what quantity was gone, but when I got to Bow-street the same morning I found ten pairs of boots, sixteen pairs of shoes, and some odd ones—they were my property, and part of what I missed from my shop—the elder prisoner lodged in the three-pair front room of the house where my shop is—I have seen him pass up and down—I do not know whether the younger prisoner lived there—I have seen his lace before.
JOHN WATSON . I am going on for fifteen years of age—I live with my parents, but work for Mr. Furley, next door to the prosecutor's. One evening, I cannot exactly say the day, (I think it was the 29th, it was the day before I went before the Justice,) I was returning home with my mistress, about half-past twelve o'clock, and saw a light in Mr. West's shop—the street and shop doors were both open—thinking my master might be there, I went up to the door, and saw the elder prisoner picking up boots and shoes in the shop—he saw me and my mistress, got up as quick as he could, and slammed the door in our faces—I then stood on the knocker of the door, looked over the fanlight, and saw the elder prisoner going up stairs, with as many boots and shoes under his arm as he could carry—I knew him before by sight, by going up and down stairs at Mr. West's—I am sure he is the man—I saw Mr. West next morning, when he came to his shop, and told him what I had seen—I went to Bow-street the same evening, and saw the elder prisoner there—I do not know what time it was I saw. Mr. West.
EBENEZER WEST . re-examined. I saw Watson after I got to my shop next morning—I did not notice at what time—it was before twelve o'clock—I had been to Bow-street before I saw him, and saw the younger prisoner in custody—I went again to Bow-street that evening—Watson was there then, and the elder prisoner was then in custody.
EMILY ANGELO FURLEY . I came home with Watson—I went to Mr. West's shop, thinking my husband was there, as I saw a light in the shop—I was going in, and saw the elder prisoner picking up the boots and shoes—I saw him with boots and shoes under his arm—he shut the door in our faces—I went out into the road, looked through the fan-light, and saw him going up the first flight of stairs, which are straight before the door—I, afterwards saw the light go into the third-floor front-room.
John Hall, sen. They could not see the stairs, it is impossible—there is a long passage, and the stairs turn round a corner. Witness. I did see the stairs—I first of all saw him come from the water-closet into the shop, and then saw him picking up the boots and shoes—the stairs do turn a little—there is a straight passage, and then you must turn a little to get on the stairs, but I am sure I saw him going up the stairs.
JEREMIAH DONOGHUE . I rent this house—the elder prisoner lodged in the third-pair front-room—I have seen the younger prisoner there, coming in and out sometimes—the elder prisoner's wife took the room of me, and I afterwards saw the young man going up and down stairs—I could not swear whether he slept in the house—I never knew any thing wrong of the old roan while he lived with me.
JOHN JAMES ALLEN (police-constable E 159.) On the 29th of April, a little after twelve o'clock, 1 was on duty in Tottenham Court-road, and saw the younger prisoner passing up Tottenham Court-road with a bag on his shoulder, going towards Windmill-street from Percy-street—I met a brother constable, and we followed him—he went to a marine-store shop, and knocked at the door—directly he saw us he asked if that was No. 32—I said I did not know what the number of the house was, and asked what he had in his bag—he said he did not know—I asked where be got it—he said at the corner of Wardour-street, from a man who he had been in the habit of working for, and who lived at Paddington—we took him and the bag to the station-house, and found it contained boots and shoes—these are them—(producing them).
FREDERICK SHAW (police-constable E 114.) I took the property into my possession—it has been locked up in the station-house ever since, under my charge—I am positive it is the same—they were produced at Bow-street the morning the younger prisoner was there.
EBENEZER WEST re-examined. I can swear these are my property—some are my own work, and some my men's work—they are second-hand ones which I have repaired—I have brought six odd boots and an odd shoe to match with them—here are two boots which I have brought from my shop, which match two found in the bag—they have my stamp-mark on them, and here are others with the same stamp on them—I can swear they are my property, by being under my notice so long.
John Hall, sen. Defence. I was at work up stairs at the time of the robbery, finishing off two pairs of trowsers—my son came up, seemingly half drunk, but I do not believe he was—he said he should not sleep at home that night—" You won't," said his mother—" No," said he—she said he bad better stop at home—he made an excuse to go below, took a light, and went down—he came up in five or ten minutes, made a frivolous excuse, and down he went again—his sister said, "I am sure John is up to no good"—his mother look the candle, and went down to see what he was doing—directly she got below he knocked the candle out of her hand—she called out for a light, and came up stairs—I then went down, and looked about, but could not find him any where—I saw the street-door half open—I shut it, and came up stairs again—that is all I know about it.
John Hall, jun. Defence. I am a scavenger. On the 28th of April I was at work at Paddington, all day—I returned home before eleven o'clock three parts drunk—I was to go to work that night at night-work at Paddington—I went down stairs to the water-closet, and went straight out—I
afterwards met a man named Davies, who I used to work with—he said, "Stop for me at the corner of Percy-street"—I stopped there for him, as I was going to work with him—he came, and said, "Take this bag for me to 32, John-street"—I went, and the policeman came up to me—I asked what number that was—he said he did not know, and asked what I had got there—I said I did not know—he examined it, and said it was boots and shoes—I said, "Is it?"—he said,.," Yes, where are you going with it?"—I said, "To No. 32"—that is all I know about it—I am at innocent as a child unborn—I get my living by hard work.
(John Hall, sen., received a good character.)
JOHN HALL, sen.— GUILTY . Aged 61.— Confined One Year.
JOHN HALL, sen.— GUILTY .* Aged 21.— Transported for Ten Years.
First Jury, Before Mr. Sergeant Arabin.
JOHN PEARSE . On Friday morning, the 1st of May, about ten minutes after ten o'clock, I was going along Judd-street, and saw the prisoner looking in at the prosecutor's shop—he came to the front-door, laid hold of a wash-hand-stand, and walked off with it—it stood outside the door with other furniture—I did not suspect him at first, but seeing nobody in the shop I turned round, and now and then he looked round, and quickened his pace—I then made inquiry at the shop, followed him, and took him about a hundred yards off with it in his possession.
GUILTY . Aged 58.— Confined Three Months.
JOSEPH BAYSE . I am a gardener, and live in Grosvenor-road, Pimlico. On the 20th of April Mrs. Jones called me about eight o'clock—I followed the prisoner, and overtook her just as she knocked at her own door in Commercial-road, which is a quarter of a mile from my premises, and found this geranium in her arms—I asked her if she had bought it—she said, "Yes, of a woman in the street"—I looked at it, and said I could swear to it by the number on it—she said she gave 3d. for it.
(The prisoner put in a written defence, stating that she purchased the plant and pot of a woman in the street for 3d.)
GUILTY . Aged 31.— Transported for Seven Years.
in Frog-lane, Lower-road, Islington—I was not present when this transaction occurred.
Cross-examined by MR. PAYNE. Q. Do you know the prisoner? A. Only by seeing him occasionally about the door—I was not acquainted with him—I did not know where he lived till the Friday night—I have known him by sight all the winter—as soon as I told the policemen his name they knew him—I have seen him about with other boys whom I know to be bad characters—my husband has not been at home for two years—I should not have noticed this had it not been repeated the second night.
ANN LINDSEY . I live in Frog-lane. On the 16th of April, about nine o'clock in the evening, the prisoner came, took two loaves off the counter, and ran away with them—he did not ask me. for them—he was taken on the 28th—I know he is the person.
Cross-examined. Q. Where were you? A. Standing at the parlour-door—the police had information of it—I knew where his mother lived—I live with Mrs. Taylor—I went across the road after the prisoner, but, as there was nobody in the shop, I did not go farther—I saw him go down the opposite street—I made inquiry for him on Saturday morning at his mother's, but could not find him—the shop was lighted—I have had no quarrel with him or his mother—I knew him by sight before, but not by name.
(The prisoner received a good character.)
GUILTY . Aged 14.—Recommended to mercy.— Whipped and Discharged.
JOHN HENRY BENHAM . I am clerk to the Hampstead Water Company. On the 14th of April I was at Sadler's Wells theatre, between twelve and one o'clock at night, after the performance was over—I was coming from the boxes—I was on the step of the box-door, going into the street—the prisoner was standing at the door—as I came by him he turned round and put his hand to my breast, at the same time another shorter man ran against me—I saw the prisoner's hand pass, I put my hand up, and missed my shirt-pin—I turned round and asked him for it—he denied having it—there were three in company—one ran away—I held the prisoner—they denied knowing each other—the prisoner is the man who took it from my stock, for he put his hand across to my stock at the same moment as another man ran against my stomach—I have never found the pin.
Crass-examined by MR. BALLANTINE. Q. You gave him into custody directly? A. I did, and the man who ran against me also, but the police thought fit not to detain him—the third man ran away—there was a crowd—the band was put over my shoulder—I instantly turned round and seized the prisoner—I am certain I had my pin in my stock coming out.
JAMES CRESSWELL . I am a chemist and druggist, and live at Islington Cottage. I was at Sadler's Wells that night, and as I came out I saw the prosecutor going out—I saw the prisoner raise his arm against the prosesecutor, who immediately put his hand up to his handkerchief, and missed his pin—he laid hold of the prisoner immediately, and said, "Give me my pin—the prisoner said, "What pin?"—the prosecutor held him—I am
sure the prisoner's was the hand that was at his breast—there were two or three round him at the time.
Cross-examined. Q. There were a great many people together, were there not? A. There were.
NOT GUILTY .
HENRY PROSSER TESSIER . I am a publican. The prisoner formerly lived in my service, but left—I took him again, and on the 2nd of May sent him to pay a bill to Mr. Hinkley, in Seething-lane—I gave him three sovereigns, two half-sovereigns, and the bill, and told him to get it receipted, and bring it to me—I did not see him again till he was in custody.
Prisoner's Defence. I must have done it in a state of drunkenness, if I did it at all, for my master and I were up together the night before, and the servant told me I was lying on the stairs at half-past six o'clock in the morning, in liquor; master was also in liquor, and the doors were open.
GUILTY . Aged 23.— Confined Three Months.
SAMUEL VALE . I am a fruit-salesman, at Covent-garden. On the 5th of May I bought eight baskets of radishes—I left them on my stand, about half-past nine o'clock at night, packed up—I returned about five o'clock hi the morning, and missed one basket—I afterwards found it at the station-house—this is it—(produced)—I have frequently seen the prisoner about the market.
WILLIAM REID . I am errand-boy to Mr. Hodson, in the Haymarket. On the 5th of May, between ten and eleven o'clock at night, I saw the prisoner carrying the basket of radishes, and another lad by his side—I followed them into Bedfordbury, where they pitched them—I told the policeman, and they both ran away—we waited there some time—I saw the prisoner standing at the top of Bedfordbury, and gave him into custody.
GEORGE HOLLIS . I am a policeman. Reid gave me information, and I saw the basket in Hop-gardens—I remained there a short time, and was taking it to the station-house, when Reid pointed out the prisoner, and I took him into custody.
Prisoner's Defence. I was coming from Hungerford-market, where I am a porter, and in New-street I saw two policemen with the basket—Reid said, "That is one," and the policeman took me—I am not guilty.
GUILTY .*** Aged 17.— Transported for Seven Years.
WILLIAM BEESLEY . I am a policeman of Heston. I was at the station-house there—the prisoner was employed occasionally as charwoman—I missed a pocket-handkerchief on the 10th of May—I went to the prisoner, thinking she might have it, as she washed for me—she denied all knowledge of it—I afterwards missed a pillow-case—these are both mine—(looking at them)—I found the prisoner very honest and upright up to that time.
Prisoner's Defence. I was very short of money, and took the handkerchief, not intending to keep it, but to replace it.
(The prisoner received a good character.)
GUILTY. Aged 29.—Recommended to mercy. — Confined Seven Days.
FRANCES SHAW . I am single, and live at Ham. I lost my shawl from my grandmother's house, at Hounslow, from a box, which was locked—the prisoner lodged there for a week—this is my shawl—(looking at it.)
GUILTY . Aged 28.— Confined Three Months.
1401. HENRIETTA BIDDLE was indicted for stealing, on the 22nd of February, 2 swords, value 1l.; 1 waistcoat, value 1l.; 30 yards of printed cotton, value 25s.; 2 table-cloths, value 12s.; 1 table-cover, value 27s.; 1 gown, value 5s.; 1 shawl, value 4s.; and 1 blanket, value 11s.; the goods of Benjamin Brown, her master.
MARY ANN BROWN . I am the wife of Benjamin Brown, an upholsterer in Lower Crown-street. The prisoner was six weeks in our service—on Sunday evening, the 12th of April, I missed a waistcoat—I told her to come and look for it, she could not find it—I said, "Let me look in the double chest of drawers," which she had the key of—she said she could not find the key—I told her to fetch her master down, to break open the drawer—she went up stairs, ran out without shawl or bonnet, and left the candle in the passage—we broke the drawer open and missed all this property—this is all mine—(looking at it.)
DANIEL HOWIE . I am a policeman. The prosecutor applied to me—I took the prisoner up at King's College-hospital, Lincoln's Inn-fields, on the 1st of May—she was a patient there—she told me where to find the things.
GUILTY. Aged 28.—Recommended to mercy ,— Transported for Seven Years.
THOMAS WILLIAM BROWN . I am in the employ of William Joseph Stevens, a linen-draper in Ratcliff-highway. On the 26th of April, between three and four o'clock in the afternoon, I received information from Pullen, went out, and followed the prisoners about sixty yards off—I went up and told them I wanted them—they had a boy with them at the time, and I told him I wanted him as well—he immediately ran away—I turned to pursue him—he fell down in the road—I turned round to the prisoners, and just as they were going to start off I saw the stockings drop between them—I took them up and pursued them—I caught Davis first—I held her by the arm, and pursued Smith into Lander's-place, and there missed her—I made inquiry, and was told she had not come in there, but a respectable woman pointed to a door—I looked inside, and saw Smith, and took her—the stockings had hung inside my door—these are them.
WILLIAM PULLEN . I was passing the prosecutor's shop, and saw Davis with a shawl in her hand, which hung at the door before the stockings—it was not taken down, but she held it while Smith took the stockings? from the door—I am certain of them both—they went away, and I told Mr. Stevens directly—I saw no boy with them at that time.
Davis's Defence. I was going to boy some candles; the man came and took hold of me, and said, "Where are the stockings?" but I had seen none.
Smith's Defence. The stockings were out at the window; the boy took them from the door, and dropped them.
DAVIS— GUILTY . Aged 14.— Confined Three Months.
SMITH*— GUILTY . Aged 17.— Transported for Seven Years.
JOHN MERRETON . I keep the Sportsman public-house, in the City-road. The prisoner was my pot-boy—my wife missed various sums of money, in consequence of which I was induced, on Thursday evening before I went to bed, to leave five marked shillings, six fourpenny-pieces, and 5s. 2d. in copper—I fastened the till up, locked the bar-door, and went to bed—soon after six o'clock in the morning, hearing the prisoner come down, I placed myself in the water-closet—he went and unlocked the door and went towards the till—I could see him through a fan-light—I went down to—the fan-light, saw him return from the till, lock the door after him, and proceed out to the pot-house, to his work—I went up and dressed myself, went to the bar, opened it, and called him to take the shutters down, which he did—I then said, "Thomas, you have robbed me this morning; I saw you come into the bar, open the till, and return and lock the door after you "—he said, "God bless you, master, I have not"—I said, "You have, and 1 insist on your giving up the key"—he said he had not got one—I made him turn his pockets out—there was one marked shilling and four sixpences—I said it was mine—he said it was not—I made him return to his work, and that moment my wife came down stairs—I went out at the back-door, and told the policeman—I then returned back and settled my accounts with him, and gave him in charge—I
have the marked shilling which I found on him—he had a private key to unlock the door.
Prisoner. Q. Where is that key? A. I do not know; but you unlocked the door in my sight—I have lost various sums of money.
Prisoner's Defence. I did not unlock the door; I went to the bar to see the time; the shilling was in my possession the night before.
GUILTY. Aged 19.—Recommended to mercy. — Transported for Seven Years.
NEW COURT.—Thursday, May 14th, 1840.
Sixth Jury, Before Mr. Common Sergeant.
GUILTY . Aged 29.— Transported for Seven Years.
GUILTY . Aged 20.— Transported for Ten Years.
1406. WILLIAM BRINKWORTH was indicted for stealing, on the 15th of July, 1 coat, value 2l. 10s.; likewise, on the 23rd of November, 1 coat, value 1l. 10s.; the goods of Charles Griffith Wynne, his master; to both which he pleaded
GUILTY . Aged 22.— Transported for Seven Years.
1407. THOMAS BUTLER was indicted for stealing, on the 21st of April, 1 coat, value 8s.; 3 waistcoats, value 5s.; 1 watch, value 1l.; 2 handkerchiefs, value 2s.; and 2 pairs of stockings, value 1s.; the goods of Trevor Cameron; to which he pleaded
GUILTY . Aged 21.— Transported for Seven Years.
1408. JOHN COX, alias Darking, was indicted for stealing, on the 22nd of April, 7 pairs of trowsers, value 5l. 5s.; 4 coats, value 4l. 4s.; and 1 bag, value 1s. 6d.; the goods of George Daniel Collett, his master; to which he pleaded
GUILTY . Aged 27.— Confined Six Months.
WILLIAM JOHNSON . I am the son of John Johnson, a corn-dealer in William-street, Knightsbridge—he has a granary there—he does business in Thames-street—Crooks was in his service for three or four years, and Whiffen one year—they were carmen—they came at five o'clock in the morning—it was the custom to give orders to Crooks in the evening—I was present on the 9th of April, when my father gave him directions—there had been corn lost from the granary—I stationed myself, on the 10th of April, in the morning, in the lower granary—the corn was in the granary over my head—the prisoners both came about four o'clock—I was at the back of the hay, concealed—I could not see them come in, but
I heard some one, and knew Crooks by a particular cough that he had—I then heard them go up stairs to an upper floor—I got on the top of the hay, and heard them up stairs for nearly a quarter of an hour—I heard them scuffling and stamping, and, as I imagined, dragging the sacks along the floor—I then saw Crooks come down the ladder, and go out into the yard—the sacks are lowered from the upper floor out of the window, by the hands—I saw four sacks descend, one after the other—I could not see who put them down, but I saw Crooks receive them, take them on his shoulder, and pitch them down in a cart—Whiffen then came down the ladder very cautiously indeed, and went out into the yard, and shut the granary door after him—I waited a little, and then went and spoke with my father—he got up and came down—I went out into the street, to stay a good way off, as I intended to follow the cart, and then I heard a noise of a cart, and thought they were gone—when I got out I met a policeman—I sent him to the yard—soon after that I saw my father, and saw Crooks running away across the road—the policeman followed him—Whiffen was there, and my father held his collar—I then came into the road where the cart stood—I examined it—there were four sacks in it full of oats laid n the bottom, carefully covered with the tarpaulin.
Cross-examined by MR. PHILLIPS. Q. Used not Crooks to take oats to different customers? A. Yes, not generally in my absence—I am generally there—his work is generally at Thames-street—I will not swear that he has not been in the habit of taking them to different customers from Knightsbridge—I make a distinction between our place and Thames-street, because latterly he had not done business from our place—he might have done it a month previously—he has frequently taken the customers corn, and when he has delivered it, he has come home and accounted daily for the money, when he has received it—we have stables in William's-mews—there was only one horse there—there was not a horse of my brother Henry's there—there never were two in the cart—there was an alteration making in Thames-street—I never saw my father strike either of the prisoners—he did not almost beat Crooks to death in my presence—I did not strike them—I was there when my lather had old Tom called in, and he said he knew nothing at all about it—my father after that discharged him—I called in a policeman—my father knew it—he did not send me for him—I considered Tom perhaps to be as guilty as the others—I had proof of it in my mind, because he always accompanied Crooks to the wharf, and he might have known something about it—I was often with them—I believe a sewer was up in Thames-street—Williams-mews is not near Thames-street—I do not recollect hearing my father ordering Crooks to be there earlier than usual, because Thames-street was under repair—I was present when he gave the orders—he might have said, "Make haste in the morning"—he might have given him orders to be there earlier than usual—I do not recollect that he did.
Cross-examined by MR. CLARKSON. Q. Was Whiffen in the habit of going with the cart? A. Yes, he was not in the habit of going with Crooks—he might have gone with him, but not generally—he did not go with him as often as once a week—Crooks was to have gone with old Tom—it was not Whiffen's duty to be at the stable when the cart was going early in the morning—he ought to be there when the men came—Tom was not there that morning with them—we have a customer named Smithers,
and Crooks was to go to the Wheat Sheaf wharf to get a load for them—he would have to go through Thames-street, and if the road was up it would have to go round—I was not present from the time my father came down stairs till the men were given into custody—I went out in the road some distance off—I remained there ten minutes or a quarter of an hour—it was my intention to follow the cart—I did not stop the cart—I do not know that my father beat Whiffen—I saw him when he was in custody—he did not appear to have been beaten—both me and my father were here yesterday in the yard—neither of us said, to my knowledge, "I have nothing against Whiffen, I believe him to be an honest man"—I might have said I believed him to be an honest man previous to that charge—a person spoke to my father about being merciful—my father said, "I am here, if I go away I should forfeit my recognizances"—neither of us said "If it were not for forfeiting our recognizances we would not appear against Whiffen," believing him to be innocent.
MR. BODKIN. Q. Do you know the person that came up to you? A No, but I believe he is come to give one of the prisoners a good character—the orders were given to Crooks on paper—I saw my father write them—no part of it was that Crooks was to take corn from the stable that morning.
JOHN JOHNSON . I am the prosecutor—the prisoners were in my employ. On the 9th of April I gave Crooks some directions on paper what he was to do the next morning—this is the order—(looking at a paper)—(reads)—" Mr. Richardson, Please receive ten quarters of foreign oats and ten of Scotch oats." He and old Tom had to go to a wharf to load these oats—Whiffen had no business to attend Crooks that morning—his duty was to cart corn in our neighbourhood—he had a horse and cart for that purpose quite distinct from Crooks—it was kept in the yard at Knightsbridge, and Crooks's were kept in Williams's mews—neither of them had any direction to take any corn from my premises the next morning—Crooks would have to take sacks—on the morning of the 10th I was awoke by my son—he told me something, and I came down—I went into the yard when I found Crooks had got his horse from Williams's mews, and placed it in the cart—he was about to go out of the yard, and Whiffen was standing there doing nothing—the gates were open—my son was with me—he did not go into the yard—I let him out at my private door—I said to Crooks, "I think I am up a little before my time, but I see you are going to start earlier, as it was my wish"—he said, "Yes, but I have not got my sacks"—I said, "You had better put them in"—he then put in about twenty empty sacks—I had observed nothing in the cart at that time—he did not tell me he bad anything—he then shuffled about and said, "Oh, master, I have lost my notice, I have lost my order"—he drew his cart out into the middle of the road, while I went, as he supposed, to write fresh orders—with that a policeman came up, and spoke to me—I seized Whiffin and told the policeman to seize Crooks—Crooks immediately dropped his whip, and ran as fast as he could up a court, and over the park wall, and the policeman after him—he returned in about a quarter of an hour, bringing Crooks back in custody—during that time I kept Whiffen—I searched the cart, and four sacks of oats were found in it, covered over very carefully with a tarpaulin—they were worth from 50s. to 3l.—I had not desired Crooks to start earlier than usual that morning—we wished him to start
about half-past five o'clock—neither of the prisoners would have authority to take that quantity of oats from my granary—the first thing they had to do was to deliver twenty quarters of corn from Wheat Sheaf wharf.
Cross-examined by MR. PHILLIPS. Q. Is it true that you did not expect them earlier than usual? A. No—I did not desire them to come earlier than usual—it was a casual remark that I made, "I see you are come earlier according to my wish"—if people wanted corn delivered earlier than usual, I endeavoured to get them away half an hour earlier—old Tom is discharged—he was to have gone with Crooks that morning, and as I had been robbed I could not but consider that he knew something about where the corn was going—I asked him if he knew where it was to go—he said, "No," and I discharged him—he had been twelve years in my service—I did not tell him whenever I met him in the street I would call out" There goes that d——d old rogue"—I told him that I had some suspicion that he must know where the corn was taken to—I should think he is sixty-one or sixty-two years old—I sent for a policeman, but I made no charge whatever against him to the policeman—it was not to intimidate him into some declaration that I sent for a policeman—I do not recollect whether my son was with me—I do not recollect that I sent my son for a policeman—Crooks very seldom took corn from the granary to the customers—he used to do it—he was never trusted to bring back the money—occasionally, when parties paid it on delivery, which they seldom did, I have trusted him with the bill and receipt, where we know the parties pay, and he has brought it—I have not five customers that pay on delivery—he may have brought back 5l. or 6l. at a time.
Cross-examined by MR. CLARKSON. Q. You had a good opinion of Whiffen? A. No farther than of any other man—we believe them honest till we find them out—I took him by the collar, that was all the violence I used to him—I did not strike him to my knowledge—I swear I did not strike him many times—I do not think I struck him at all—I think I could confidently swear I did not strike him in the face—I do not know that I struck him—I might have pushed very hard against him to prevent his getting away—I will swear I did not strike him more than once—I know a gentleman named Howe—I do not know any thing for him, or much against him—I know he had a stable opposite my premises at Knights-bridge, and left without paying any body—I do not recollect whether he owed me any thing—he is a man of slight character—I heard that he called his creditors together—I cannot tell who from—it is five years ago—I saw him yesterday—he said he came to plead for mercy for Whiffen—I said I could have nothing to say to it, he had robbed me, and I had reason to suppose he had been robbing me for a considerable time, he had offended the law, and must take the consequence—MR. Howe said, "You know me, and Mr. Smith knows me, I am well known in your neighbourhood "—I said, "Very likely "—I said, "I am not going to lose my recognizance," but I did not say that I believed Whiffen to be an honest man, nor any thing of the kind.
MR. BODKIN. Q. Had you any reason to believe him to be any thing but an honest man up to this time? A. No.
RICHARD BROWN (police-constable B 116.) I was at the prosecutor's premises on the morning of the 10th of April—I saw Crooks go there about four o'clock—I was applied to by young Mr. Johnson about five o'clock—I went and saw Crooks run away, and jump over a wall—I pursued
and brought him back—he said he had done wrong, and was afraid he should be transported—I took him and Whiffen to the station-house—I found this order in Crooks' pocket.
Cross-examined by MR. PHILLIPS. Q. Did you take Crooks? A. A man going to work stopped him, and I took him.
Cross-examined by MR. CLARKSON. Q. Are you the officer that took them both to the station-house? A. I had assistance—I did not talk to Whiffen on the way—I did not hear it said that it would be better for him to tell all about it, nor "You have made a bad job of it "—I did not hear him answer, "You seem to know a great deal about it."
(Thomas Finch, labourer, of Devonshire-street, Kennington, gave Whiffen a good character: William Evans, a cabinet-maker, in Nassau-street; Henry Roberts, of Great Russell-street; and William Titherby, a glover, gave Crooks a good character.
CROOKS— GUILTY . Aged 26
WHIFFEN— GUILTY . Aged 29
Transported for seven years.
1410. CATHERINE HERBERT was indicted for stealing, on the 7th of March, 1 shawl, value 5s., the goods of Frances Van Millengen; and CATHERINE CLARKE , for feloniously receiving the same, well knowing it to have been stolen.
JOSEPH VAN MILLENGEN . I lire in Judd-street. The prisoner Herbert was in my service—I had missed something—my daughter spoke to her, and she produced from her pocket a duplicate of this shawl—she said the shawl belonged to herself—my daughter said she had lost several things, and she suspected it was hers—I went the next morning to the pawn-broker's, and saw it, and it was my daughter's—this is it—my daughter's, name is Frances—she is twenty-two years old—I told my daughter to get up early the next morning, which she did—a ring came at the door, and my daughter opened it—I was up, and the prisoner Clarke came in—she was rather surprised to see us up so early—I asked what business she had' to come so early—she said she was bringing some things for her niece (Herbert)—I said I had been robbed of a gold watch, and some other things, and that a duplicate of a shawl had been found—I showed her the duplicate—she said it belonged to her, and she had a right to do as she pleased with her own property—I allowed her to go away—when I had seen the shawl at the pawnbroker's I sent for her again, told her I had seen the shawl, and it belonged to my daughter—she then turned to Herbert, and said, "How could you give me your master's things to pawn?"—they were then taken into custody.
Cross-examined by MR. PHILLIPS. Q. How long had Herbert been in your service? A. About ten weeks—I had a good character with her—you were my counsel in the Court of Queen's Bench in a case of conspiracy—I was honourably acquitted—I went then by the name of Millengen, but I have a daughter who is in the musical world, and I sent her to school in the name of Van Millengen, which is the name I was born in, and I have used it lately.
FRANCES VAN MILLENGEN . I live with my father. This is my shawl—Herbert produced the duplicate of it, and said it belonged to herself—I did not lend it to her, nor authorise her to take it—it had been in my bed-room.
Cross-examined. Q. What did you give for it? A. I think 9s. or 10s.
NOT GUILTY .
Cross-examined by MR. PHILLIPS. Q. Did you go into the case of the cap at the police-office? A. My daughter gave her deposition about the cap—I do not know whether the handkerchief was included—I had not heard that the prisoner had given notice to quit.
Cross-examined. Q. Did you know the prisoner had given notice to quit? A. Yes—I did not coax her to stay, nor ask her.
NOT GUILTY .
MESSRS. ADOLPHUS and BALLANTINE Prosecution.
GEORGE EDWARD LANDY . I am deputy warehouse-keeper at the St. Katharine's Docks. I belong to the warehouse letter D, where consignments of hemp are deposited—a person named Allen is employed in the Docks—I remember on the 24th of March receiving, an order to deliver four tons of half-clean hemp from a vessel called the Thetis—I received the order from our warehouse-office, and it appears by an indorsement on the order that two tons, two quarters, and ten pounds had been delivered—on the 24th of March, in the afternoon, I saw both the prisoners—I saw the prisoner Baker first—he came to our office for the delivery of the remainder of the four tons of hemp—in turning over the orders Baker pointed out this as his, and told me he had previously taken away about two tons, or a little more—I told him there were nearly two tons to give, or about one ton nineteen cwts.—he said that was right—I then directed that the order should be placed in the hands of Radford, who was a foreman—I believe 1 gave it to one of his men—I gave positive orders that it should be placed in his hand, but I did not see it in his hand—when an order of this kind is given, the foreman enters it in his delivery-book—I find Radford has entered on the 24th of March, to weigh and load, to Baker's own wagon, 39cwts. 1qr. 18lbs.—on the delivery of this order to Radford it was his duty to go to the floor where the hemp was, to take his gang of men with him to see that the scale was correct, cause his men to place the weights in the scale, and see that the proper quantity of hemp was weighed and delivered, and to enter it in his book—the order was sent to the office, at ten minutes before four o'clock, with the indorsement on it—the delivery-book was placed in at the same time, and the pass, which would enable the party to leave the Docks—the pass is in Radford's writing—I had given particular directions to Allen that day, and on the following morning, the 25th of March, I received a communication from him—the value of three cwts. of hemp is between 4l. and 5l.—the parties attend the weighing for the merchant, to see
that the quantity is right according to the order—there was a deficiency in the weight of what was delivered from the Thetis.
Cross-examined by MR. PHILLIPS. Q. May there not be various reasons for the deficiency? A. The state of the weather would make a difference in the weight—I never knew of any surplus of hemp—I do not know that Baker was taken to the office as a witness against Radford—I conveyed a letter to him requesting his attendance—I did not see the contents of the letter—I saw Baker at the police-office I believe three times—he was not asked to give any evidence in my presence.
THOMAS ALLEN . I am a labourer in the D warehouse of St. Katharine's Docks. On the 24th of March I attended the weighing of some hemp for Mr. Baker, the prisoner's father—it was part of the cargo of the Thetis—I was particularly attentive to what was done, and took a memorandum of it in writing by direction of my officer—the two prisoners were present at the delivery—they both came close to the scale when the draught was called, and counted the weights—22cwt 1qr. 71bs. was in the scale on the first delivery, and 22cwt. 1qr. 5lbs. was booked, allowing 2lbs. for the draft—the weight was called out in a loud and distinct voice, and Radford must have heard it from the position he was in—he was about nine feet from the scale when I called the weight—there was nothing between us—when the weight was struck I was assisting in discharging the hemp, and the foreman (Radford) called out, "What was the draught, did it take the half or the quarter," meaning the 1/2 cwt or 1/4 cwt., and the answer was, "22cwt. 1qr. 5lbs. to book"—that was the second time it was called out—Baker was then present—when the hemp was discharged a man named Ryland hove it out at the loop-hole—I then saw the other draught weighed, and that was 20cwt. 0qr. 15lbs., and 20cwt. 0qr. 13lbs. to book—I heard Radford call out, "I want 20cwt. 0qr. 131bs. clear of every thing"—that I most solemnly swear, because I heard it—I took a memorandum of the second weight as well as the first in pencil directly, and inked it afterwards—I delivered the paper to Mr. Landy the next morning—this is it—(looking at it)—I did not know at the time this was weighed whether it was wrong or right, as I had not possession of the order.
Cross-examined by MR. PHILLIPS. Q. Where did you dine to-day? A. At the Dock, at the Beer-barrel public-house, about half-past eleven o'clock—I drank one pint of beer there, and I have had two pints since—I came straight from the St. Katharine's Docks here—I have been into two public-houses over the way—I paid 2d. in each house—I had nothing but beer, to my knowledge—I took a pennyworth of gin this morning the first thing at Walker's in the Back-road, where I live—I might have tasted gin in a public-house over the way, but I cannot account how much gin I drank—I consider myself sober, as sober as I always am—I was never taken up in my life, I was never in custody at any police-office—that I swear—I have been in the Five Pipes public-house in Pickle Herring—I do not know that I was accused of stealing steaks in that house—I never stole any steaks or meat of any kind to my knowledge.
Q. Look at this woman, (Harriet Hughes) did she not accuse you of taking her meat; did not you deny it, and was it not taken from your person? A. There is not a word of truth in it—there was no steaks taken from my person—I was not accused by her of stealing, to my knowledge—I was discharged from the Docks—I cannot recollect what for, it is a great while ago—it was not for thieving, it was for disobedience of orders
to the best of my knowledge—it is above ten years ago—I was never accused of stealing any thing from the Docks.
Q. Then you were never accused of stealing cloth from the T department? A. I did not steal the cloth, because it was not off the premises—it was round my waist as an apron—that is a long time ago—there was about a yard of it—I was not accused of stealing that 1 know of, for the labourers have permission to put a bit of cloth round their waist to save their small-clothes—at times when the merchants leave their wrappers instead of taking them away, they give them to the labourers for aprons—I was not accused of converting them into smock-frocks—I can positively swear that—I was never discharged but once—I never sold any of those pieces of cloth, nor gave them to any of the other men—that I swear—I never said that I expected to be promoted if I convicted in this case—I never said so to Hugh James, nor that I expected a foreman's place, to my knowledge—I cannot recollect it.
MR. ADOLPHUS. Q. Is the beer-barrel kept in the Docks for the refreshment of the men? A. Yes—you cannot have more than one pint of beer from that by the Dock orders—I had one pint of beer there about half-past eleven o'clock, and then I walked up here, and had two pints—I was four times before the Magistrate—what I said was taken in writing, to the best of my knowledge, and I gave the same account then that I have now—I gave a true statement—I was never in my life taken before a Justice, or charged with any offence—if I was charged by any woman with stealing steaks there was no truth in it—there was a complaint about my using an apron, but I am still in employ by the Dock—I do not recollect saying any thing about my expecting a foreman's place, but if I did there was no truth in it—Ryland was present at the weighing of this hemp, and he took the weight, but I do not know whether he has got it correctly—I was perfectly sober when I wrote this paper and delivered it to Landy, and so I was at the police-office.
GEORGE HELSDEN . I am a labourer in the warehouse, in St. Katherine's Docks. I was present at the weighing of this hemp on the 24th of March—the two prisoners were there—Allen weighed the first draught, and I weighed the second—I did not hear Allen call the first draught—I have no knowledge of that, but I saw it thrown out of the loop-hole—I weighed the second draught, and it was 20cwt. 0qrs. 15lbs., that was 20cwt. 0qr. 13lbs. to book—I called that out for Radford, the foreman, to hear—the hemp was weighed on a grating—I saw that the scales were balanced before the hemp was put on—I did not see whether Radford took down the weight—he was standing, about four feet from the scale, and Baker along with him—I suppose they both saw the weight of my draught, they were close to me—before the second draught was weighed Radford said he wanted 20cwt. 0qrs. 131bs.—I did not see whether he had the order in his hand—he bad a book with him at the writing-desk—I did not see him enter any thing in it.
CHARLES RYLAND . I was present at the weighing of the hemp on the 24th of March—the prisoners were there—I saw the first draught, and heard Allen call out the amount, 22 cwt.—I. did not hear the odd quarters, but I am quite sure about the 22cwt.—I am sure that all that was weighed was thrown out of the loop-hole.
—there was 21 cwt. weights in, and I put on a weight which made 21cwt—Allen then said, "I want more iron," and after the scale bad been filled, Allen called out" 22cwt. 1qr.," and I said, "Bravo! that is the heaviest draught, or thereabout, we have made to-day',—the prisoners were within hearing when Allen called out the weight, and could see the weights better than I could.
Cross-examined by MR. CLARKSON. Q. Had you been at the weighing on the former days? A. No, but I was there on that day—I was always well aware that I saw 21cwt. 2qrs. in the scale, and that I saw the scales balanced—I was not asked all I have been asked to-day when I was before the Magistrate—Sir John Hall was present when I was before the Magistrate, but he did not ask me any questions—there were several persons in the weighing-room when this hemp was weighed—we had just before been weighing aloes—the hemp-weighing commenced at half-past three o'clock, about a minute after the aloes were weighed—I had nothing to do with weighing the aloes, nor had Radford—I have known mistakes made in weighing—the men know the weights well, but the greatest man in the world may mistake—I never weigh nor give an answer.
Cross-examined by MR. BODKIN. Q. Have you nothing to do with weighing? A. Yes, in case I am called upon—there are permanent men to do it—I have not been keeping company with Allen to-day, nor been in any public-house with him—I stated that I knew what the weights were—I was not examined by Sir John Hall—I was told I was wanted at the police-office—I went and was examined, but this is the first time I have mentioned about the weights—I know a man named Foreman—I did not speak to him at the Docks when this matter was being investigated—I never spoke to him—I did not say to him, "Now is the time for us to make ourselves, or for me to make myself," or any thing of the kind—I never spoke to him except this morning or last night—I have been an extra man at the Docks since 1835.
EDWARD NAIRN . I am a messenger to the St. Katherine Dock Company. I remember on the 24th of March delivering a pass to Mr. Baker—this is the pass, it has my writing on it, and was made out by Radford—the weight of the hemp is on it, 39cwt. 1qr. 181bs., made out by Radford—a few days before, the prisoner Baker's father came, and wanted to see the hemp.
Cross-examined by MR. PHILLIPS. Q. Baker is in the employ of his father? A. Yes, he has nothing to do with the business—I have been with his father nine months—he has a great deal of business—he is apprenticed to his father.
MR. ADOLPHUS. Q. Do you know that? A. Only from what I have heard—whether he is an apprentice or a partner I do not know—3 cwt. of hemp would be a considerable bulk, larger than this witness box—I should consider there was not two tons of hemp on the wagon I had on the 24th of March, according to the draught of the horses.
MR. BODKIN to GEORGE HELSDEN. Q. How long have you been in the employ of the Docks? A. Nearly eleven years—I was on the floor when the
first draught was weighed, hat I took no notice of it—there had been no aloes, weighed before—we had been tracking them—Radford had to attend to that—the weighing of the hemp began before the tracking of the aloes was finished—we left a man to track them—there might be five men attending to the second draught of hemp—it was done with a good deal of haste—it was nearly four o'clock when the Dock closet—when the first draught was made, Radford called out, "Was it 20cwt. and a half or a quarter"—I think the scale was four or five yards from the desk where Radford wrote—the men were waiting to take out the hemp.
MR. ADOLPHUS. Q. Is it not the practice when there is business, to continue on till half-past four o'clock? A. Yes, when there is particular business on—when the crate is put on it is usual to pot weights in the other scale to make a balance, and that was done on that occasion—when Radford asked whether it was a half; or a quarter, he was told what it really was—I have no certain knowledge of what the cwts, were—I had nothing to do with weighing of the first draught—I cannot say that I heard the number of the cwts.
NOT GUILTY .
OLD COURT.—Friday, May 15th, 1840.
Fourth Jury, Before Mr. Sergeant Arabin.
GUILTY . Aged 21.— Confined Six Months.
1414. GEORGE WILLIAM HURST was indicted for stealing, on the 8th of May, 1 printed book, value 2s. 6d.; the goods of William Thomas Evans: also, on the 8th of May, 3 printed books, value 5s.; the goods of Robert Gladding; to both of which he pleaded
GUILTY . Aged 36.— Confined One Month.
1415. THOMAS DITCHFIELD was indicted for feloniously stealing, embezzling, and secreting, on the 14th of April, a letter containing 2 sovereigns, 1 40l., 1 5l., part of a 50l., and part of a 100l. Bank-notes, whilst employed in the General Post Office.—also, for stealing, embezzling, and secreting, on the 2nd of March, a letter containing 4 sovereigns, 1 shilling, and 3 10l. Bank-notes, the monies of Thomas William Earl of Litchfield, whilst employed as aforesaid; to both of which indictments he pleaded
GUILTY . Aged 22.— Transported for Fourteen Years.
JAMES TILLYER . I am a farmer at Harmondsworth, in partnership with my brother. The hay is our joint property—it was going to Tanner and Baylis on the 28th of April, Dell was to take it to our stables at Longford, which they occupy to put their horses in—I saw the hay afterwards, and knew it to be mine.
Cross-examined by MR. BALLANTINE. Q. I believe Dell has absconded? A. He has—I have never seen him since—he is about eighteen years old.
it and drove it away—I am sure there were twenty-five trusses—it was to go to Tanner and Baylis.
WILLIAM HOLLIS . I work for Tanner and Baylis at Longford—I gave directions for the hay to be sent from Mr. Tillyer's. On Tuesday afternoon about a quarter to five o'clock, I saw Dell driving the bay towards my master's stables—he was going to bring it to me—I was waiting to take it in—I know the prisoner—he keeps the White Horse public-house at Longford—Dell had to pass his house—I saw the cart come by the house—I saw a truss on the ground—I did not see it thrown off the cart, but it must have been chucked down, or have tumbled down—I saw the prisoner take it up and take it away directly into his premises—the rest of the hay was delivered to me—twenty-four trusses only came to me—I saw the prisoner afterwards—I asked him how he came to buy the truss of hay—he said he did not know but what it was a jockeyman's cart, and the man had a right to sell it—MR. Tillyer's cart often passes that road—I do not know whether Mr. Tillyer's name was on it.
Cross-examined. Q. I believe the prisoner has only had the public-house about five weeks? A. It may be six or eight weeks.
MR. BALLANTINE called
SARAH CLEMENTS . I remember Dell passing the prisoner's house one day with a hay-cart—the prisoner called out to him and said, "Can you sell me a truss of hay?"—it was done publicly—any body by might have heard him—he said, "Yes," when the next cart came—he asked the price, but he did not answer him then.
COURT. Q. What is your husband? A. A labourer—I saw the money paid afterwards, after the hay had been delivered—the man said it was 1s. 6d.—I saw the prisoner fetch the money.
(The prisoner received an excellent character.)
NOT GUILTY .
Before Mr. Justice Patteson.
1417. JOHN EVENDEN was indicted for stealing, on the 20th of April, a certain letter, containing 1 shilling, the property of Thomas William Earl of Litchfield, her Majesty's Post Master General, whilst employed by and under the General Post Office.—2nd COUNT, for embezzling the same.—Other Counts varying the manner of laying the charge.
MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.
FERDINAND GALANTE . I live at Tottenham. On the 20th of April I wrote a letter to Mrs. Drewer, and directed it," Mrs. Drewer, 14, Hollen-street, Wardour-street, Oxford-street, first floor back" and "paid"—I put 1s. in the letter, and put it in the post at Islington, and paid 1d. with it—I have since seen the pieces of the letter—(looking at them)—these are the pieces which formed the cover of the letter.
THOMAS GAPES . I am inspector of the letter-carriers at the Branch-office, Charing-cross—the prisoner was a letter-carrier there on the 20th of April—it is the duty of the carriers to sort the letters in the office, without reference to whether they are in their own delivery or not—these pieces of cover bear two stamps, one of the Islington office, and the date stamp of the post-office, St. Martin's-le-Grand—that would come to the office in Charing-cross
on the evening of the 20th of April, and might pan through the prisoner's hands in sorting the letters.
Cross-examined by MR. PHILLIPS. Q. Would it necessarily pass through his hands? A. No, there was one other sorter, named John Gordon—(looking at a book)—it is not. from this book that I find that out, but we have more than one sorter—they change in the course of the day, one one hour, and another another hour—that letter should have been sorted at eight o'clock at night for delivery—I was not at the office myself at eight o'clock, and did not see who sorted them—there are sometimes three or four sorting at the same time—I cannot tell whether they had assistance that night.
MR. SHEPHERD. Q. Was it the prisoner's business to sort the letters that night? A. It was—I have the book here which the sorters sign—the prisoner's name is signed as a sorter that evening—I know his writing.
MR. PHILLIPS. Q. Are there not many other names here? No, they are letter-carriers—it was the prisoner's duty to sort for the division—the letter-carriers sign whether they sort or not—this does not show that he was a sorter, but that he was on duty, and it was his duty to sort the letters—people could not be brought from the office to prove that he sorted—he would be seen doing it, but at this distant period there would be a difficulty in proving it—the prisoner has been about eleven months in the Post-office.
GEORGE MARTIN . I am an inspector of police. On Wednesday evening, 22nd of April, I saw the prisoner in Gardener-lane station-house in custody, charged with stealing two letters—I asked where he lived and his name—he told me No. 18, Eccleston-street East, Pimlico—I asked what part of the house—he said the first floor back—I went there—I received a letter from the prisoner before I went, and a key of a box was taken from him in my presence, and delivered to me—he said the key belonged to his box—I went to his lodging with Mr. Gapes, and was shown the first floor back room by Kenny, the landlord—he opened the room door for me—it was not locked—in the grate among several other pieces of paper torn up I found these six pieces—there was no fire in the grate, but a piece of paper put there, and these pieces were behind it with several others—on putting them together, collecting them from the other pieces, I found it formed this address—the other pieces appeared to be parts of a letter smaller than this—there was a box in the room—I unlocked it with the key which he said was his—I found nothing suspicious there.
ELIZABETH KENNY . I am the wife of Patrick Kenny, and live at No. 18, Eccleston-street, Pimlico; the prisoner lodged with me. On the 20th of April, the policeman came to my house—my husband went up to the back-room first-floor with him and another gentleman—the prisoner occupied that room.
Cross-examined. Q. Had you any other lodgers? A. Yes, but not in that room—I had three men lodging up stairs.
MR. ADOLPHUS. Q. Did the other lodgers live in separate rooms from the prisoner? A. Yes.
JURY. Q. Were any of your other lodgers in the Post-office? A. No,
one is a bell-hanger, the other works in the Park, and the other at a mill—I know that from themselves, and by their work, and seeing the tools they work with.
(George Flatworth, coffee-shop keeper, Pimlico, deposed to the prisoner's good character.)
1418. JOHN EVENDEN was again indicted for stealing, on the 22nd of April, a certain letter, containing 1 sovereign, 1 half-sovereign, and I groat, the monies of Thomas William, Earl of Litchfield, her Majesty's Postmaster General.—Other COUNTS charging him with embezzling and secreting the same.
WILLIAM ABBOTT . I am a letter-carrier in the Two-penny Post-office, Charing Cross, branch-office; the prisoner was also a letter-carrier in the same office. On the evening of the 22nd of April, I was employed in sorting letters at the office, and so was he—he is a sorter when he is in the office—he sorts for the South Western division—he was sorting there that evening, and I observed when he came to one letter he took particular notice of it—he felt it, and did not place it in the box before him—(there were seven boxes before him for the different divisions)—instead of placing it in one of them, he placed it underneath the other letters—he then sorted into the different boxes till he got to that letter again, and then he took up other letters and placed on the top of it a second time—when he had sorted them into the different walks, he took this letter to his own desk—I had suspicion that the letter did not belong to his walk, and I informed Mr. Gapes, the Inspector—he went to him in a short time, when he was about to leave the office, and asked him for his bag and letters—he took his bag and letters, and out of his bag Mr. Gapes took two letters and an account-book—one letter was much less than the other—I should know the letters which were taken out of the bag—I should not be able to recognize the letter he took to his own desk—not by the direction—I noticed the two letters that were taken out of the bag, and read the address of one—it was, "Mr. Seymour, gold-beater, Long Acre"—(looking at a letter)—this is it, and I believe it to be the letter which he put behind the others—MR. Gapes only took two letters out of the bag—there were no more in the bag.
Cross-examined by MR. PHILLIPS. Q. How near were you to him when he was sorting? A. If we had stood upright I might have been a yard from him—I was not a yard from him—I was leaning over the desk opposite his desk—I had no occupation then—I was merely a looker-on—I was near enough to have read the addresses if they had been held up to me, not without—the backs of the letters were generally towards me—he might sort sixty letters altogether, or it might be one hundred—we have never been intimate, nor unfriendly—we have not been at all cool to one another—the desks in the Post-office are open—there were two or three persons sorting at them—I do not believe there were four, but I could not swear it—the letter-carriers generally keep their bags in the box, I believe—they may be put in the desk at times—I have never seen them in the desk when the letters have been there—when they come in sometimes, and all the letters are emptied out of the bag, they may put the bag in the desk—I have not seen it done—I have seen a bag in a desk, but never when they were sorting.
MR. ADOLPHUS. Q. He was sorting at a desk, and you at the opposite side? A. Yes, I could not read a direction upside down very well.
THOMAS GAPES . I am Inspector of the letter-carriers at the Branch-office, Charing Cross. On the evening of the 22nd of April, Abbott gave me information, and I examined the prisoner's bag—I found there two letters, and a small memorandum-book, in which they keep their accounts—I asked him how they came there—he at first said he did not know, and then that somebody must have put them there—I said he had placed him-self in an awkward situation, and sent for an officer—he had been employed that evening in sorting paid letters—this is one of the letters I found in his bag—it is directed to Mr. Seymour, gold-beater, No. 38, Long Acre, London—this is a paid letter—the prisoner is a letter-carrier as well as a sorter—that letter was not in his walk—he had no right with that letter in his possession at that time—it bears three stamps—one Reading, the paid stamp of the General Post-office in St. Martin's-le-Grand, and the date stamp of the Two-penny Post-office, St. Martin's-le-Grand, 8 night, April 22—that would not be in the office as a dead letter—it was sealed when I found it—the prisoner at that time had a bundle of letters prepared for delivery—it was not among them—they were not in the bag.
Cross-examined. Q. Where were the letters he had for delivery? A. They were lying in his desk—he said he must have taken them up in mistake, as dead letters—there are occasionally mistakes made by sorters—the prisoner has frequently returned dead letters to me—he was at his own desk when I went to him—the seals of both letters were unbroken.
MR. SHEPHERD. Q. What is a dead letter? A. A letter which has been taken to the address, and they are not able to deliver it, and return it as a dead letter—the dead letters he has returned to me were on his own walk.
JAMES EDWARD SEYMOUR . I am a gold-beater, and live at No. 38, Long Acre, in partnership with my father. This letter was not brought to me by any body from the Post-office—I saw it at Bow-street, and opened it—it contained one sovereign, a half-sovereign, and a four-penny piece—it purports to be written by Mr. Butler, of Reading, who is a correspondent of ours.
GUILTY . Aged 21.— Transported for Life.
Before Mr. Justice Coltman.
1419. RICHARD HARPER was indicted for feloniously breaking and entering the dwelling-house of John Bacon, on the 31st of December, with intent to steal, and stealing therein, 3 coats, value 9l.; 1 pair of trowsers, value 1l.; 3 frocks, value 3l.; 1 cloak, value 50s.; 1 shawl, value 10l.; 1 watch, value 2l.; 9 spoons, value 2l.; 1 pair of sugar-tongs, value 8s.; 2 brooches, value 6s.; 2 pens, value 6s.; 3 seals, value 1l.; 2 rings, value 7s.; 2 watch-keys, value 7s.; 3 sovereigns, and 1 half-sovereign; his property.
MR. DOANE conducted the Prosecution.
ELIZABETH BACON . I am the wife of John Bacon, and live in Wheeler-street, Bethnal-green; we keep a chandler's and beer shop. On the 31st of December, between five and six o'clock in the evening, I went up into my
bed-room and fetched down two spoons—I locked the door, and left the property stated safe—two men came in as soon as I came down stairs—I had the tea-spoons in my hand, I laid them on the table, and drew the men some ale—they staid there above half-an-hour, and were served twice—one of them went out of the shop-door into the street twice, and returned, and both went away about six o'clock—I have a side-door to my premises, and the man might have gone in at that door, when he went out, without my knowing it—that door would lead up to the bed-room—about nine o'clock I found the bed-room door broken open, and missed all this property from there—the door was standing quite open, but the lock was not injured—it was unlocked—there was a yellow crape shawl among the articles I missed—I saw that at Lambeth-street about a fortnight afterwards—this is it—(looking at it)—it was in the drawer that night.
Cross-examined by MR. CLARKSON. Q. I believe your side-door was found open about half-past six o'clock? A. The bed-room door was seen open at half-past six o'clock—the men left about six o'clock—Duffey was one of the men—he has since been transported—he was the man that went out—the other man's name was Flowers—I went originally to Lambeth-street against the prisoner, and he was discharged—he was taken up again the next day by the officers—I went to Lambeth-street on the 1st of January, the day after the robbery—I went to Worship-street, I believe, in April—the officers came and told us to attend—the property is worth 25l., but it is worth more than that to us.
THOMAS CUMMINS . I am a police-sergeant. On the 1st of January I was on duty in Rosemary-lane, about ten o'clock in the morning, and saw the prisoner with another man standing at a clothes-shop door—in consequence of information I had received, I wished to take them both into custody—I pushed the other man into the shop, and the prisoner ran away—I overtook him about thirty yards off—I took off his hat, and found this crape shawl in it—I told him I must take him to the station-house—he said, "I have a wife and family, and I will not be transported for any body; I did not steal it; my brother Charles, George Duffey, and Samuel Harmer, brought a bundle to my house last night about eight o'clock, containing a silver watch, some silver spoons, and some clothes; they went away, and came hack in about a quarter of an hour; they gave me the shawl, and took the bundle away with them; my brother Charles has left some skeleton-keys at my house, and if you will go with me I will give them to you"—I went with him to his house, and he took off the window-ledge a bag containing four double-headed skeleton-keys, one of which will open the prosecutor's bed-room door—I took him to Lambeth-street—he was examined there four times, and discharged about the end of January—on the 4th of April he was given into my custody again, and I took him to Worship-street Before Mr. Broughton, and he was committed on the 20th.
Cross-examined. Q. One Magistrate discharged him on a statement which another Magistrate committed him on? A. Just so—there was no alteration of the circumstances—I have been an officer nearly ten years—Duffey was transported last Session for burglary—I do not know the prisoner's brother Charles—I had no knowledge, when I took the prisoner, that he had skeleton keys of his brother's at his house—I had not communicated to him what I was looking for—I did not know where he lived—but for his disclosure I should not
have been able to find the place where he said the keys were—I stated all these facts to the Magistrate.
MR. DOANE. Q. What is the name of the parish where the robbery was committed? A. St. Matthew, Bethnal-green—the prisoner was ordered into custody by Mr. Broughton, at Worship-street—he was admitted to bail—his brother was taken for another burglary, and I ordered the prisoner to attend at the office, to see if we could make out a case against him and the others, and the Magistrate ordered him into custody.
COURT. Q. Was he examined as a witness against his brother? A. No—he was fully committed on the 20th of April—Flowers was in custody at Lambeth-street, and underwent four examinations—I did not know Harmer, nor Charles, nor Duffey, until the prisoner took me to his house, and pointed him out to me—I then took him—he was the means of my getting Duffey, who was transported for another burglary.
Q. Was there any intention to make use of the prisoner as a witness? A. He was kept separate from the other prisoners—he was sent to the House of Correction, while the others were at the New Prison—that was when he was at Lambeth-street—Duffey and Flowers, and the one who was with the prisoner when I pushed him into the shop, were in custody—Flowers is now at large.
MR. CLARKSON called
ANN TUCKER . The prisoner married my daughter; he has three children. On the 31st of December he lived at No. 2, Crown-court, Little Pearl-street—I remember his being taken to Lambeth-street on this charge—he was at home on the evening of the 31st of December—he was taken into custody next day—he was not out at all that evening—I went to see my daughter, and she was at her work—I got there about six o'clock, and staid till nearly seven—he did not go out during that time—I left him at home with his children—he lives in Spitalfields parish—he was at home when I went, and I left him at home.
MR. DOANE. Q. Are you married? A. I am a widow—I weave velvet—I have work at home now, and was in work at that time, for the same employer—I live three or four minutes' walk from the prisoner's—I went there, it being the last night of the old year, I thought I would see my daughter—next day, between twelve and one o'clock, she came and told me that he was taken into custody on a charge of burglary, in Wheeler-street—she said she had heard he was at Lambeth-street, and asked me to go and see if I could find where he was—I heard he was charged with being in Wheeler-street—I knew it was impossible that he could have been there.
Q. Why not go and tell the Justice so? A. I did not know that I could be there in time—I did not know it was necessary that I should go—I was backwards and forwards—I did not see him to speak to him between the 1st of January and the 28th—I told the gentleman at the prison that he could not be the guilty party—I tried to get into the Justice-room, but they would not let me in at Lambeth-street—I went several times, and they would not let me in at all—I went with my daughter, and left him some clean linen and a shilling—they said I might leave what I liked, but I could not see him—I saw him when he was out on bail—I knew he was charged with this—I did not go and tell the Justice at Worship-street—they would not let me in—I think I went three times, but I am not certain.
NOT GUILTY .
Before Mr. Justice Patteson.
1420. GEORGE ALCOCK was indicted for feloniously forging, on the 4th of March, at London, an order for the payment of 200l., with intent to defraud John Wright and others.—2nd COUNT, for uttering with like intent.—Other COUNTS, stating it to be with intent to defraud Robert Alexius Pope.
MESSRS. BODKIN and JERNINGHAM conducted the Prosecution.
JOSEPH HAY . I am a clerk in the banking-house of Messrs. Wright. In March, 1837, the Rev. Mr. Pope kept an account at our house—this cheque (looking at it) was presented at our house on the 4th of March, 1837—I cannot say that I recollect the person who presented it—I paid the 200l., for which it is drawn—this 10l. note, No. 5128, dated 15th December, 1836, is one of the notes I paid; and this 20l. note, No. 8132, dated 27th January, 1837, was also paid at that time—here is one name written on each note of a customer of the bank—on the 20l. note there is also something like the name of Alcock, and on the 10l. note also—this 20l. note, No. 8133, dated 27th January, 1837, is also one of the notes that was paid.
Cross-examined by MR. CLARKSON. Q. Is the name on the front or the back of the notes? A. On the front of one, and the back of the other—I think it looks something like the name of Alcock—the impression on my mind is that it is Alcock.
Q. Is it your custom to pay a cheque dated in the country without a stamp? A. I was not to know that it was drawn in the country—I ascertain where a cheque is drawn from the place whence it is dated—I do not think I knew where Mount Carmel-house was at that time—I now understand it is in Worcestershire—I never heard of such a house within ten miles of London, but there are many houses in London which I do not know—I do not think I observed the place at all where it was drawn—we very seldom have time to read the whole of a cheque—I know that cheques drawn in the country should bear a stamp—I do not always read the whole of a cheque—I cannot call to mind whether or not I read the whole of this—MR. Pope has been a customer of Messrs. Wright perhaps two or three years, but I do not know—I have paid some cheques of his, not many—he has not been in the habit of drawing many—I have paid cheques in favour of Alcock—I should say, one or two, from memory—I thought this to be Mr. Pope's writing, or I should not have paid it—I think now that there is a great similarity, so much as induced me to pay it—I should say it was Mr. Pope's writing certainly from the similarity of the character in general, without close inspection, but when I have Mr. Pope's own cheques put before me, and compare it, it is a different thing—there is then a discrepancy—I believe it is usual for Mr. Pope to have the name of the banker in a different handwriting to the other part of the cheque—I do not recollect whether it was a man, woman, or child, I paid the money to—I have the numbers and dates of the notes entered in my book—I entered them when I paid them away, and have the books here.
MR. JERNINGHAM. Q. By what part of a cheque do you generally judge of its validity? A. From the name—I considered it to be genuine at the time.
JAMES CROSBY . I am a solicitor, practising in London, and live in Church-Court, Old Jewry. I became acquainted with the prisoner in, I think, 1836—he was introduced to me by a client of mine, named Latchford—I made inquiry about some property it was supposed he and others
were entitled to—I found there was an old suit pending in Chancery respecting it—I had occasion to expend some money in the object of my inquiry—I received from the prisoner, at various times, 100l., altogether—in January, 1837, I had occasion to go down to Redditch, in Worcestershire, and there saw Mr. Pope—I had seen seen him in January the preceding year—I communicated with him respecting the proceedings I had taken, and in consequence of what I heard from Mr. Pope in 1837 I made application to the prisoner—in consequence of what transpired between me and Mr. Pope the prisoner was sent for to Mr. Pope's—he was living at Redditch at the time—a great deal of conversation took place as to monies he had obtained from Mr. Pope—MR. Pope said, in his presence, that he had obtained 495l.—the prisoner promised to repay it—he never did repay it, to my knowledge—in March, the same year, I was deputed by Wrights, the bankers, and other persons, to go to France—I found the prisoner at Paris, and had conversations with him on the subject of his affairs, and the claims against him.
Cross-examined by MR. CLARKSON. Q. Did you act as his attorney at that time? A. No—I acted as attorney to the parties interested in the suit, but he was not a party to the suit—I did act as his attorney—I never gave him notice of my discontinuing to act as his attorney—he had run away, and I could not—I had only been concerned in one action for him.
MR. BODKIN. Q. At the time he left England had you any business of his in which you were acting as his attorney? A. I had had one action on a bill of exchange, in which he was plaintiff—it was alleged that he had forged it—a rule is now pending for a new trial, which is not disposed of.
Q. Did you receive the 100l. you had from the prisoner as client, or in what capacity? A. I considered him as agent for the various claimants—they were numerous—I went to France, as representing Messrs. Wright, Pope, and Latchford—the forgery of this cheque had been discovered, and on seeing the prisoner I represented what I came about—I told him I was desirous of getting back some of the money he had taken away with him—he said he had none—I asked him what he had done with the 200l. that he had got by forging Mr. Pope's name, at Wright's—he gave me some details, which I wrote on the back of a letter, in pencil—this is the memorandum I made—(looking at it)—he said he had sent 20l. to Milward, 20l. to Whitehouse, 20l. to Mrs. Alcock, 20l. to Ferrell, 10l. to Emmett, 10l. to the Thatched-tavern, and 10l. to things pledged—that amounts to 110l.—I do not remember that he gave me any further account—I returned to England, leaving him there—I saw him again on the 14th of April, this year, in Cateaton-street, City—I said, "Is that you, Alcock?"—he said, "How do you do Mr. Crosby?"—I said, "I want you to go with me to Messrs. Wright's"—he said, "What for?"—I said, "About the forgery"—he said he would not go—I then asked him to go to Mr. Latchford's—he said he would not go there—I told him if he did not go to one place or the other with me, I would give him in charge of a policeman—he then walked away—I followed him, and again persuaded him to go to Wright's or Latchford's, but he declined doing so—at last he said he would, but he walked in a contrary direction—and as I saw he did not intend to go, I gave him into charge of a policeman in Moorgate-street—he said I I could not give him in charge, I had no warrant—the policeman took him to Cripplegate station-house, where I stated the charge—he said first of all, "Now pray, Mr. Crosby, let me go with you to Latchford's or to Wright's; pray let me go"—he did not say that aloud—I told him I could
do nothing in it, I had given him the chance—I was detailing the charge, that he had forged a cheque, and he said, pointing to me, "And that is the villain that has had the money"—I have frequently seen him write.
MR. CLARKSON. Q. Have you seen him write when he has been a client of yours? A. Yes, he has frequently written letters in my office—I do not know whether that was before I brought the action I refer to or not—I should think it was before.
MR. BODKIN. Q. Look at this cheque, whose hand-writing do you believe it to be? A. I believe the whole of it to be in the prisoner's hand-writing, except the words "Wright and Co."—I believe these two letters, also, to be his hand-writing—(looking at two.)
Cross-examined. Q. Who is Mr. Latchford? A. A bitmaker, in St. Martin's lane—I looked to the fund for the costs in this Chancery suit—there was a fund in the hands of the solicitor to the Treasury—I believe it was not in Court—there is an old suit of Wilding and Boulden—there was a portion of the estate of a man named Laurence, who died intestate in America—the solicitor to the Crown had obtained administration, and it is for the recovery of that and other property the suit is—they talked of a large sum—I believe there is about 7000l. in the hands of Mr. Maule—I was employed to take my share in the transaction, by some old people named Wilkinson, of whom the prisoner is either nephew or grandson—he brought me their retainers—that was very likely at my instance—he was a client of mine in the action, but I did not consider him so in any other respect—I viewed him as the agent of the parties in the suit—he was so mixed up with the suit, and the result of it, that I considered him as one of my clients certainly.
Q. How came you to be employed by Messrs. Wright to go to France, was it at their instance, or at yours? A. That I can scarcely tell you—I never knew Messrs. Wright prior to the transaction—I went to them—I should think I applied to them to act on their behalf when I got to France—I have no doubt of it—my object was not to take the man into custody, it was to get some of the money back—I intended to have brought him back here—my object was to get the money, and to take him into custody—the first time I saw him in France he was in custody—I told him my object was to put him into custody, and then I asked him about the forged order—I said I wanted to know what he had done with the money obtained from Messrs. Wright, by forging Mr. Pope's name, and then he gave me the account I have stated—that remark was preceded by the statement that I intended to give him into custody—I did not put him into custody there—I was the medium by which he was put into custody—I had taken with me his acceptance in favour of Latchford, and went to France, to ascertain what could be done with him, whether he could be sent to England or not—and under the advice of a French avocat I endorsed the bill to a Frenchman, who took proceedings against him, and had him arrested.
Q. You put your name to it, in order that the Frenchman to whom he owed nothing might arrest him? A. Yes, to get back the money he owed Latchford—I did not go on with the suit after he left—I have a brother—I know there were dealings between him and the prisoner—I never knew the prisoner had made advances to him—I do not know that he owed him money—my brother went to India in May 1837, and is now a partner in one of the first houses of Calcutta—the prisoner went to France in March 1837—I am not acquainted with the friends and connexions of Mr. Pope
—I have no witness from Redditch to tell whose hand-writing the cheque is—I am not the attorney for this prosecution—Messrs. Wright asked me to take it into my hands—they put it into the hands of Mr. Humphries—I am not in any respect acting professionally in it—I did not expect the prisoner was in England when I saw him in Cateaton-street—I do not know how long he was in prison at the suit of the Frenchman, but I think from information sent me from Paris that he was in prison two years—I think I never saw him write except in my office—that was not on the subject matter of the suit—I think it was on the subject matter of Mr. Pope's money, as it turns out.
MR. BODKIN. Q. Have you any letters among your papers addressed by the prisoner to—? A. A great many.
REV. ROBERT ALEXIUS POPE . I am a Roman Catholic clergyman, and live at Mount Carmel-house, Redditch, Worcestershire. I have known the prisoner about four years, and have corresponded with him perhaps between thirty and forty times—I am acquainted with his hand-writing—I was in the habit of sending him cheques on Wright's bank at times—they were dated London—they were on the top of a letter, so as to have that part torn off—I filled up the cheques all but the banker's name—I think I have occasionally filled up the banker's name—I am not quite sure, but in general I did not—they were remitted by the post—with the exception of one or two I filled up the cheques in the manner I have described—I omitted nothing but the banker's name—this cheque—(looking at it)—is not my hand-writing, not a single word or letter of it—I never gave any body authority to draw that cheque—I believe it to be the prisoner's hand-writing, and these two letters also—in March, 1837, I had an account at Wright's—about that time I received a letter from Wright's containing this cheque—I have not got the letter—I fear it is destroyed—I immediately sent the cheque back to Wright's, and stated my opinion of it—I made pecuniary advances to the prisoner on the affair of Wilkinson's law-suit—in January 1837, Mr. Crosby paid me a visit—the prisoner was present at one interview, and it was agreed that I should allow him no more money, that I should send no more money up to him.
Cross-examined. Q. Did you know any of the Wilkinsons at all? A. I did—I was acquainted with them, and knew there was a Chancery suit—I knew that before I knew Mr. Crosby—I have never been in the habit of advancing money to persona to carry on suits—this was an act of kindness on my part—I never stipulated that there should be 10,000l. coming to me.
Q. On your oath, was it not understood that you were to have 10,000l.? A. It was understood, but I did not ask it myself—I began to make advances without any promise—I advanced 495l. altogether—I did not employ the attorney—I was warned against that—I advanced the money to the prisoner that he might do so—I cannot positively say that I have seen the prisoner write—I judge of his hand-writing from the letters which I have received from him, nothing else—I am not quite sure whether the 10,000l. was understood to be increased to 20,000l. at any time—it might be—I never heard that so much as 48,000l. was to be advanced—MR. Crosby mentioned something about 7000l.—I was never in the habit of sending the prisoner cheques in blank—I never left the amount blank—I told you I always wrote the cheques, except the banker's name—the prisoner was acting as agent in the suit—I was advancing the money through him to Mr. Crosby, or any other solicitor he chose to carry on the suit—he had
the power to choose the solicitor—I believe I never authorized him to use my name at all in the suit—I think I can swear it, but I believe I did not—indeed I am almost sure I did not—I dare not go beyond that—I hare not heard from Mr. Crosby what costs there are in the suit—I have paid no money to Mr. Crosby as costs—I am not the prosecutor of this case, I am only a witness—I did not authorize the apprehension—I was not aware of it till I was informed—I learnt it from Mr. Crosby—I paid 20l. as my share of the expense of sending Mr. Crosby to France—I do not keep any cheque book, and have no margins to which I can refer for the cheques I draw—I generally mark them down in my day-book—I have not got my day-book with me—my habit is to draw cheques on plain paper.
MR. BODKIN. Q. Do you draw many cheques? A. I have drawn several—I do not know how many in a twelvemonth—I should not think I draw twenty in a year—I think I had advanced rather better than 100l. when the suggestion was made to me about the 10,000l.—the 10,000l. was not for my own private advantage—it was to be applied in ecclesiastical matters—building a church, or something—I was not to be personally benefited, except having what I had advanced—I never gave the prisoner authority to put my name to cheques, or to any instrument—these are letters which I have received from the prisoner—(looking at some.)
MR. CLARKSON Q. Have you neighbours, acquaintances, and friends, who know you at Redditch, and the neighbourhood? A. Yes.
BENJAMIN LATCHFORD . I am a bit-maker, and live in St. Martin's-lane. I have been acquainted with the prisoner about six years—I come from Birmingham, which is fifteen or sixteen miles from Redditch—in 1836 Mr. Crosby was my uncle's attorney—my uncle is still living—he is the proprietor of the establishment in St. Martin's-lane—he was only acquainted with the prisoner by his calling at his house for me—the prisoner was introduced to Mr. Crosby by me to carry on this inquiry—I have had dealings with him myself, and seen him write—I should say this cheque is his hand-writing—I believe it to be his—I am not quite certain when he left this country—he was in my uncle's debt when he left, between 83l. and 84l.
Cross-examined. Q. What have you seen him write? A. Some letters of different descriptions on many occasions, while he and I were acquainted, between 1836, and his leaving London, I cannot tell the time to a week—I do not keep any shop myself—I have no business of my own—I am servant to my uncle—I became acquainted with the prisoner on his coming to London in the suit I alluded to—he came and asked me if I knew one solicitor to be better than another to put it in his hands—I occasionally lent him a trifle of money, sometimes 5l., sometimes 10l., and he paid me again—that was my dealings with him—I was told I was to benefit by the Chancery suit, and he said he would make the arrangements for me—I do not recollect the amount of the share I was to have—I should think it was 400l. or 500l.
JAMES HUTCHKINS . I am a policeman. I took the prisoner on the 14th of April—he rather hesitated at first to go, saying I bad no right to take him, unless I showed ray warrant—I told him it was not required if the gentleman preferred a charge against him—I would take him, and then he walked with me to the station-house.
The cheque, dated "Mount Camel House, 2nd March, 1837," for 200l., signed, "Robert Pope," was here read, also two letters, one addressed to
"John Milward, Redditch, 4th of March, 1837," enclosing a 20l. note, stating the number to be 8133, dated 27th of January. The other was as follows:—"Giltspur-street Compter, April 18, 1840.
"REV. SIR,—I suppose that I need give myself the trouble say that I am in this prison, as you are already informed of the fact, but I humbly solicit your attention to the under-mentioned, that is, that if you wise pardon where I have transgressed, I am about to enter on a good situation, and I will pay to you quarterly, or yearly, the one half of my wages, be what they may, and my employer shall come with me, and you shall receive it from his own hands. Surely, sir, after all the suffering I have endured, you will not, with this Crosby, to try to inflict any thing further. You must received them humble and heart-rending letters which I have written you, one after the other in succession, in which you have read over the full details of my sufferings in France; and now I have scarcely held up my head; I am locked up in a prison here. Oh, I hope Almighty God will so operate on your feelings, that you shall be induced to act the merciful part. I need not remind you, that your Lord and Master Jesus Christ observed to St. Peter, "Yea, seventy and seven you must forgive. "And in my present siuation I have nothing; and if you could ever so much punish me, would you be better? No. The Lord move your heart the right way; and should I keep paying you till I die, and then be deficient, may He, in his goodness, make it up to you, and restore abundance of his mercies to your person in this world and the world to come. Amen, is my prayer.
"Even if you do come, I shall never believe it was your own will in so doing; and if you do, I shall forgive you, as you are injured; but remember your God, whom you serve, will not forgive you, if you cannot show mercy to your brother after all. There is one thing in my favour, that is, your money has been got from me, and I can prove it; therefore, you had ought the sooner to show me pity, after all my sufferings. I must leave it with God and yourself. If you come up here, they will force you into things you would regret. If you keep away, there is no compulsion, and it may be Mr. Crosby will bring you into something to make claims on you.
"Rev. Robert Pope, Mount Carmel House, Redditch."
(Benjamin Bullitt, shopman to Mr. Emmett, of Holborn Hill; and Thomas Stevens, carpenter, No. 58, King's-cross; deposed to the prisoner's good character.)
GUILTY. Aged 41.—Strongly recommended to mercy, on account of his imprisonment in France. — Transported for Fifteen Years.
Second Jury, Before Mr. Sergeant Arabin.
(MR. Clarkson, on the part of the Prosecution, offered no evidence, not being able to prove that the prisoner might not consider he had authority to sign the instrument)
NOT GUILTY .
1422. RICHARD ROBINS was indicted for stealing, on the 7th of April, 6 yards of woollen cloth, value 20s., the goods of our Lady the Queen: also, on the 14th of February, 4 1/2 yards of linen cloth, value 5s.; also, on the 29th of February, 3 1/2 yards of linen-cloth, value 3s.; 3 yards of linen-cloth, value 3s.; 2 yards of linen-cloth, value 2s.; 2 yards of woollen-cloth, value 6s.; 3 yards of linen-cloth, value 3s.; 1 pairof woollen-cloth trowsers, value 5s.; 1 other pair of woollen-cloth trowsers, value 5s.; and 5 yards of linen-cloth, value 5s.; the goods of our Lady the Queen: to all of which he pleaded
GUILTY. Aged 44.— Judgment Respited.
REV. WILLIAM ROBERT FREEMAMNTLE . I was walking yesterday arm-in-arm with the Rev. Mr. Tyler, at the end of Oxford-street, close to Meux's brewhouse, and just as I passed a lane by the side of the brew-house, I felt a jerk at my coat—I turned round and saw a man running away—I called "Stop thief," and pursued—a man stopped him, and we gave him into custody—my handkerchief was gone from my coat pocket—I saw him throw it on the ground—the prisoner is the man—I never lost sight of him at all.
Prisoner. I did it through want.
GUILTY . Aged 19.— Confined Three Months.
1424. JOHN TIBBY was indicted for stealing, on the 21st of April, 1 watch, value 19l.; 1 watch-chain, value 1l.; and 1 watch-key, value 7s.; the goods of George Dubois, from his person; and that he had been before convicted of felony; the prisoner pleaded
GUILTY to the Larceny. Aged 24.— Transported for Ten Years.
BENJAMIN BRITTEN (police-sergeant S 249.) I produce a certificate of the former conviction of George Tibby, which I obtained at Mr. Clark's office—(read)—I was not a witness on the trial, and was not present—it is a mistake on my part—the prisoner is not the person.
Q. How came you to apply for the certificate, if you were not at the trial, nor yet a witness? A. I thought at first sight he was the man, but after the second sight I find he is not—I was present at the trial of George Tibby, who was convicted of stealing a pair of shoes" but the prisoner is not that man.
(John Simmons, baker, North-street, Westminster, deposed to the prisoner's good character.)
NOT GUILTY of the previous conviction.
ALFRED HUGHES . I am a policeman. On the 1st of May, about a quarter past two o'clock, I was in the Edgware-road—a boy fetched me to the prosecutor's shop—I found the prisoner close against the street-door, endeavouring to get out, and Mrs. Allcock holding him by the collar—I took hold of him—he resisted—I took him into the parlour, and he struck me several times in the mouth—another constable came in and we took him to the station-house—on the way he said he was b—well sure they would lag him for it—I said, "Perhaps you will get discharged"—he said, no he knew better than that.
SARAH ALLCOCK . I am the mother of Frederick Allcock. This is his coat—it laid on the bureau—I was in the front kitchen at work—I went up to speak to my little boy, and as I returned I saw the prisoner standing in the kitchen with the coat in his hands—he saw me, dropped it, and went up stairs—I followed him into the passage, and detained him while my daughter went for the policeman, who took him—he was quite a stranger.
(The prisoner put in a written defence, stating that he was very much in liquor at the time; that his skull had been fractured, and when intoxicated he was not in his senses.)
MRS. ALLCOCK re-examined. He appeared intoxicated when I first detained him, but I am not able to say whether he was so or not—he went up stain very well.
GUILTY . Aged 27.— Transported for Seven Years.
1426. JOSEPH HAZELL was indicted for stealing, on the 10th of January, 1 truss of hay, value 2s., the goods of Richard Hatch, his master; and WILLIAM SHACKELL , for feloniously receiving the same, knowing it to be stolen; against the Statute, &c.
MR. PAYNE conducted the Prosecution.
WILLIAM PUTMAN . I live at Chalfont St. Peter's, near Uxbridge. In January I was carman to Mr. Richard Hatch, and on the 10th of January I went to town with the prisoner Hazell, with a load and a half of hay—master allowed me two trusses of hay to feed the horses with—we took two that journey for the horses—on coming back we stopped at the Coach and Horses public-house at Ealing, about two o'clock in the day, and put the horses in, that they should have their hay which my master allowed—went into the public-house to have a pint of beer, and while there I saw Hazell take a truss of hay off the wagon, and carry it into the stable to Shackell—I went to the stable on purpose to untie the truss of hay to give the horses some—Shackell prevented me from touching it, and said, "That is my hay"—I said, "How came it your hay?"—he said, "I have bought that truss of hay of John Hazell"—I went and fetched Hazell to Shackell, and said, "Hazell, have you sold this truss of hay?"—he said, "Yes, it is all right"—while I was talking to him, Shackell took the hay up and carried it from that stable to another—I said, "We have got nothing to feed the horses, I shall put them to and get on the road home"—I did so, and went back to Chalfont—the horses seemed distressed before they got home for want of it—as we went home Hazell said the horses looked thin—that was the first time I had gone to town with the wagon—I left Mr. Hatch's employ the last day of March—I came back on the 18th of April—I did not tell him of this, as he did not ask me about it when I came back—I went up with the wagon the next week, and six or seven weeks after—I knew this was not right.
Cross-examined by MR. PHILLIPS. Q. You kept this all to yourself for nearly four months? A. Yes—Hazell disagreed with me before I told of it—he was always at me—he threatened, if I told, he would break my b—neck—this is the first time I have stated that—my master and I had a word or two—he did not discharge me—I left through Hazell, because we disagreed—I went away—I did not run away—I did not wish to leave if it had not been for Hazell—I had told him I would tell master of him if he would not let me alone—I told my master if Hazell would not let me alone I would tell him of this—tell him something about him—I am in Mr. Hatch's service now—my master and I had a word or two, because I hit one of the horses—I did not beat it in any ill manner—we never had a word all the time I lived there before, nor since—I went away without giving him notice—I was absent from his service three weeks—they fetched me back, and after that I told this story.
Cross-examined by MR. JONES. Q. How long did the horses remain in the stable at the Coach and Horses public-house? A. Nearly an hour—there were four horses—they had nothing to eat when I brought them out—I do not swear they had nothing to eat in the stable—they had a little corn which my master allowed, and they were to have the hay after that—I will swear they had no hay—I was in the stable nearly all the time—I went in-doors to have one pint of beer—I left Hazell at the stable-door—the truss of hay was tied up with a band—it was not undone—I will. swear that—it was not untied while it was along with me—I will swear no hay was taken out of it—when it was taken off the wagon it was put into the stable where the horses were—I went to untie it, but Shackell took it away—I swear I did not give the horses a bit of it—I had known Hazell about six weeks then—I had lived with him from three days before Christmas.
Q. Why did you not tell your master as soon as you got home? A. Because I was afraid he would get turned away—that was my only reason—I paid for the beer I drank—Hazell did not drink with me—I paid for a pint of beer for him, but I did not see him drink it—I did not tell my master of this till the 20th of April, two days after I went back—Hazell was still there—I never said I would get Hazell out of his berth there—I told Hearn, the constable, that I would get Hazell out of his situation—I told no one else till I told my master I would tell him something—I never told Mr. Penny so—I never saw him till a day or two before I saw him here—Hazell's boy used to be saucy to me, and he used to encourage him in it—I never quarrelled with him about the boy—he told me I should not touch the boy—he told me once that if I dared to beat his boy, he would take me before my master—that was not very long before I left—I never quarrelled with him before about any thing, nor since—I lived with Mr. Budd about a month after Michaelmas for six weeks—I did not run away from him—I gave him notice—I never took any earnest, and I was not hired to him—I could leave him at a day's notice if I pleased—I gave him notice before I left—he told me I should go on the Saturday, and on the Sunday I went—I lived with Mr. Wade, of Denham-park, a month—I did not go away in a hurry from there—the foreman told me to go—I was never taken up before Hearn came after me for leaving my master's service on the 18th of April—he took me before a Magistrate for leaving my service—I was not sent to gaol—I paid 12s. 6d., and was free.
MR. PAYNE. Q. How soon after you paid the 12s. 6d. did you go back to your employ again? A. On the next Thursday—I asked Mr. Hatch to take me again, and he did—I told him of this before I got back to his service—I told Hearn, the constable, if Hazell was to be there I would not, and I would get him turned away.
WILLIAM HEARN . I am a constable of Chalfont. I took Hazell on the 21st of April—I told him there was a charge of leaving a truss of hay at the Coach and Horses public-house at Ealing—he said be would speak the truth about it, he did leave some hay there, but he did not sell it, but he believed he had a pot or two of beer on it, but no money passed.
Cross-examined by MR. JONES. Q. Was Putman there at the time? A. No—I have known Hazell fourteen years—he had lived with Mr. Hatch some time—I have been a constable twelve or thirteen years—I never heard any thing against his character.
RIDCHARD HATCH . I am a farmer, and live at Chalfont In January Putman was in my employ—on the 10th he went with the wagon and half a load of hay to London—Hazell accompanied it—I allowed two trusses of hay to bait the horses—he had no authority to dispose of any of it for money or beer—when the horses came back they looked very thin to what they generally do.
Cross-examined by MR. JONES. Q. How long have you known Hazell? A. He has worked for me about twelve months—I have known him three or four years—he bore a good character for any thing I heard—there were repeated quarrels between him and Putman.
NOT GUILTY .
MARY LEWIS . I am the wife of Thomas Lewis, and live in Cromer-street—we sell sweetmeats. On the 27th of January, between eight and nine o'clock in the evening, a man came in and asked for some lemon-drops, and the prisoner stood half in and half out of the door—I told him to come in—he came forward, but stepped back a little, and while I was getting the things the other man kept getting between me and the prisoner to prevent my seeing him—while I was turning round to get the change the prisoner took the clothes from behind the parlour door and went out—the other went out with the lemon-drops, and while I turned round to get change for him these things were taken—he went away—I never saw my property after—the prisoner was taken two days after and sent to the House of Correction for three months—I took him before the magistrate when he came out.
Cross-examined by MR. PHILLIPS. Q. Do you remember the policeman and another man bringing the prisoner to your house two days after? A. Yes—I did not say that the other man was the man who asked me for the drops—he said, "You say I took away your things, did I take them?" I said, "No, I have nothing to do with you, this is the man that took my things"—that was the prisoner—the man who came with the policeman was not a policeman in plain clothes—the prisoner was taken before the Magistrate that day, and sent to the House of Correction for three months—but not on my account—I made this charge when he came out.
COURT. Q. You were before the Magistrate before he was sent to gaol? A. He had bad his hearing—I did not see any thing on the prisoner's arm when he was at our house.
JULIA SMITH . I occupy the adjoining room to Mrs. Lewis. On the evening in question I came suddenly out of my parlour door, finding her door open—I heard somebody there, and conceiving it to be Mr. Lewis, I said, "It is a cold evening, sir"—nobody answered—I said again, "It is very cold to-night," and I found I was speaking to the prisoner, who had the clothes on his arm—he took them from his left arm and placed them on his right arm—I then considered it was Mr. Lewis's son—I went and curtsied to him, and said, "Sir, I ask your pardon for the liberty," and saw the prisoner with the coat and cloak on his arm.
Cross-examined. Q. What time was it? A. Between eight and nine
o'clock in the evening—I am sure he is the man—I had never seen him before.
GEORGE JOHN RESTIEAUX . I am a policeman. On the 29th of January I apprehended the prisoner, on suspicion of committing several robberies—I took him round to several places, amongst others to the prosecutrix—he could not then be identified—I took him back to the station-house—he was examined on this charge before the Magistrate on the 28th of April—he had three months on two other charges in January.
Cross-examined. Q. Who went with you to the prosecutrix's house? A. Murphy—he was in plain clothes—I do not remember his saying, "Do you charge me with taking your clothes?"—I never heard it—the prosecutrix did, not identify the prisoner, the other witness was not there.
NOT GUILTY .
GUILTY.—Recommended to mercy on the part of the Prosecutor (George Whitaker, plumber, gave the prisoner a good character.)
WILLIAM BEVAN . I am porter to Thomas Dewey, who keeps the Swan with Two Necks public-house, Lad-lane. On the evening of the 1st of May I missed this window-guard from outside the window—it was secured to the window—next morning I found it at Worship-street—it is my master's—I have seen the prisoner about the street at times.
WILLIAM ALDERMAN . I am a policeman. About eight o'clock in the morning of the 2nd of May, I saw the prisoner, with another man, walking along with a bundle—I asked what he had got—he said he did not know—I said, "Where did you bring it from?"—he said, "I found it in Finsbury-square"—I took him to the station-house, and found it was this window-guard, bent up and tied in this apron.
Prisoner's Defence. I was going through Finsbury-square, between eleven and twelve o'clock at night, and found it against the paling—I took it home, and was going next morning to sell it, when the policeman stopped me.
GUILTY . Aged 20.— Confined Two Months.
SAMUEL BAXTER . I am in the service of William Vesper and another, pawnbrokers, in Sidney-place, Commercial-road. On the 16th of April, about eight o'clock in the evening, the prisoner came to look at some gowns—she tried one on, and offered 5s. 6d. for it—I would not take it, and she went away—I saw her standing on the curb-stone, with something hanging down backwards—I called the constable—she went across the road—I saw it dragging after her, ran across, and pulled this gown from under her clothes.
WWILLIAM HOLDING . I was a constable. Baxter pointed out the prisoner to me—I went across the road to her—she was talking about a man who had nearly run over her, and she could scarcely walk—while she was
talking to me about it Baxter came up, and took this gown from under her clothes—I took her to the station-house—no money was found on her.
Prisoner's Defence. I went into the shop, and bargained for an old gown; the man left me in the shop to try it on, but the witness did not know that, and shoved me right out into the street, with the gown about my heels; he did not give me time to pull it off; and he said to the witness, "Now I have got no holiday to go the fair, I will have a holiday at Newgate."
GUILTY .* Aged 40.— Confined Three Months.
WILLIAM HARRIS . I am in the service of George Albert Chapman, linen-draper, Great Russell-street. On the 27th of April, about twenty minutes past eight o'clock in the evening, I observed the prisoner going out of the shop with a piece of print under her arm—she had not purchased any thing—I followed her, and took the print from under her arm, just outside the door—she made no excuse, but afterwards said she picked it up outside the door.
Prisoner. I am very sorry, but I was in liquor.
GUILTY .* Aged 44.— Transported for Seven Years.
CHARLES THOMPSON . I live with John Thompson and his partner; they are pawnbrokers. On the 2nd of May, about half-past five o'clock in the evening, I received information from a little girl, went out, and pursued the prisoner, who had just left the shop—I caught her about three doors off, and said, "You have got a waistcoat in your lap"—she said it was a shirt—I put my hand under her apron, and pulled out this waistcoat—she said, "That is mine"—I showed her the mark, and said, "If it is yours come back with me"—it belongs to my brothers.
(The prisoner, in a written defence, stated, that she went to the prosecutor's shop to redeem a pledge, and in coming out picked up the waistcoat, about a dozen yards from the shop.)
GUILTY .* Aged 41.— Confined Six Months.
NEW COURT.—Friday, May 15th, 1840.
Fifth Jury, Before Mr. Common Sergeant.
GUILTY . Aged 24.— Confined Four Months.
GUILTY . Aged 26.— Confined Four Months.
MESSRS. ELLIS. and BODKIN conducted the Prosecution.
ELIZA WHITE . I am the wife of John William White, baker, Charles-street, Westminster. On the 16th of April, at half-past eight o'clock at night, the prisoner came, and bought a penny loaf—he gave me a shilling—I found it was bad, and told him it was bad, and he had better walk away—he said he would not go till I returned him the shilling, which I refused to do—he struck me in the side with his fist and ran away—I made an alarm, and he was pursued and taken immediately—I gave the shilling to the policeman, and marked it.
HENRY GLOVER (police-constable A 105.) On the 16th of April I was in Charles-street—I beard the cry of "Stop thief," and saw the prisoner running—he put his hand behind him, I heard something fall, and saw it roll, and Mrs. White's little boy took up five shillings—I did not lose sight of them—I took the prisoner to Mrs. White's shop—he said at first it was not him, and then he said his master gave it him—I have seen his master, he is a butcher, near Leicester-square—when the prisoner was before the Magistrate he said he found the whole of the in a paper, in George-street—these are the five shillings, and this is the one I got from the prosecutor's.
Prisoner's Defence. I found them wrapped in a piece of paper; I did not strike the prosecutrix.
GUILTY . Aged 17.— Confined Nine Months.
MARY HUDSON . I am the wife of Thomas Hudson, a butcher in Turnmill-street, Clerkenwell. On Saturday, the 11th of April, I was attending to the shop—the prisoner came about eleven o'clock at night, and bought a small piece of the tops of ribs of beef—she gave me half-a-crown—I gave her 11 1/2 d. change—I pat the half-crown into a little tin box, where there was no other—I looked into the box a few minutes after—no one had interfered with it—I found the half-crown was bad—it was not out of my sight till I gave it to the policeman—about a quarter of an hour after the prisoner came again to buy a mutton-chop, which came to 6 1/2 d.—she gave me another half-crown—I found that was bad, and had her detained—I am certain is the woman who came in on both occasions—she had a blue handkerchief with white spots on it over her eyes—I knew her before she entered the shop—I told her she had passed one before which was bad—she said she had not been in the shop before—I gave the second half-crown also to the officer.
Prisoner. Q. Did I come to your shop twice? A. Yes—I did not say if you would give me a good half-crown I would let you go.
THOMAS HUDSON . I am the prosecutrix's husband. I was outside the shop when the prisoner came in the first time—I noticed her—she is the same person that came in the second time—I did not say, if she gave me a good half-crown she might go about her business.
GUILTY . Aged 20.— Confined Six Months.
ANN RANDALL . I am the wife of William Randall, who keeps the White Lion public-house, in Clare-market. On Sunday night, the 5th of April, the prisoner came for a pint of porter—it came to 2d.—he gave me half-a-crown, and I gave him 2s. 4d. change—I put the half-crown on the side of the counter—there was no other money there—it did not remain there two minutes—when I examined it, after the prisoner was gone, I found it was bad, and put it into a quartern measure—I afterwards took it up stairs, locked it in a tea-caddy, and kept the key till I opened it and gave the half-crown to the policeman—on the 17th of April the prisoner came again, about half-past eleven o'clock, and asked for a pint of beer—he gave me a shilling, which I bent and gave to my husband—I thought it was bad—I asked where he got it—he ran away—he was pursued and brought back—I mentioned to my husband about the prisoner being there before, and the prisoner said he had not been there—I am sure he is the person—he has the same clothes on.
Prisoner. Q. How do you know me? A. I know you well; you live at Hungerford-market.
WILLIAM RANDALL . I received a bad shilling from my wife in the prisoner's presence, and she said that he had passed a bad half-crown to her before on Sunday week—I reached to lay hold of him, and he immediately ran out—this was on Good Friday night, the 17th—he had come before on the 5th of April—he got out of ray sight—I kept the shilling in my hand till I marked it at the station-house and gave it to the officer.
CHARLES ATTFIELD (police-constable F 131.) I got the shilling from Mr. Randall—I heard the cry of "Stop thief," saw the prisoner running, and stopped him—he begged me to let him go—I said I could not.
JOHN RIDDICK (police-constable F 10.) On the 17th of April I went to Mr. Randall's house—I received this half-crown from Mrs. Randall—I searched the prisoner at the station-house, and found on him two playing-cards and a penny.
GUILTY. Aged 18—Recommended to mercy by the Jury.
Confined Three Months.
1438. WILLIAM HARRISON was indicted for stealing, on the 5th May, 1 coat, value 10s., the goods of Lady Charlotte Bury.—2nd COUNT, stating it to be the goods of Charlotte Bury, commonly called Lady Charlotte Bury.
SAMUEL GOODCHILD (police-sergeant H 36.) At eleven o'clock at night, on the 5th of May, I was on duty at the Hanover-square Rooms, and saw the prisoner running down the street—I followed him—he threw this coat into a young man's arms.
WILLIAM MINNICK . I am coachman to Lady Charlotte Bury. About twenty minutes past eleven o'clock I was in Mr. Gray's yard, in Oxford-street—I left the coat safe in the carriage—I went down to Hanover-square, and the coat was gone—I do not know how it went, but the officer brought it the next day.
(The prisoner pleaded poverty.)
GUILTY. Aged 41.—Recommended to mercy. — Confined two Months.
MR. BODKIN conducted the Prosecution.
HENRY BUNN . I am a cabinet-maker, and live in the Curtain-road. I was a customer of John Pare and others, ironmongers, in Chiswell-street—I paid to the prisoner, on the 7th of September, 5l. 6s. 3d. on account of the firm.
JOHN PARE . I am in partnership with Mr. Young and Mr. Robins. The prisoner was in our service—he did not account to me for 5l. 6s. 3d. received from Mr. Bonn—it was his duty to receive money and to account to us when he received it—I would take him again into employ.
GUILTY. Aged 41.—Recommended to mercy .— Confined Five Days.
1440. CATHERINE EVERETT and HANNAH EVERETT were indicted for stealing, on the 8th of May, 1 pail, value 1s.; 1 brash, value 6d.; the goods of the Lords and others, Commissioners of the Royal Hospital Chelsea: and 3 spoons, value 1s.; 2 towels, value 3d.; and 1 tub, value 6d.; the goods of Elizabeth Wilshere.
MR. BODKIN conducted the Prosecution.
ELIZABETH WILSHERE . I am school-mistress of Chelsea Hospital The prisoner Hannah was admitted into that school about twenty-two months ago, and was discharged last November. On Friday, the 8th of May, she called at the hospital, about a quarter before nine o'clock—she left about nine o'clock—while she was there she went into a wash-house, in which these articles were—I went into the wash-house, and missed them next morning.
FRANCES REYNOLDS . I am the wife of William Reynolds, the engine-keeper at Chelsea Hospital. On Friday evening, the 8th of May, I saw both the prisoners at half-past nine o'clock—they came from the wash-house, and went into a water-closet that joins my kitchen.
MART HUNT . I keep a marine-store-shop at Chelsea. On the morning of the 9th of May the prisoner Catherine and another, but I cannot say who, brought these things to my shop—she said her mother sent her with them, as she wanted to make up some money—I said, "Are you sure they are your mother's?"—she said, "Yes, the governess of the school gave them to my mother"—she asked half-a-crown—I gave 2s. for them—she said her mother would be there presently to satisfy me that all was right—I went to a policeman, and gave information.
CATHERINE EVERETT— GUILTY . Aged 11.— Transported for Seven Years.—Penitentiary.
HANNAH EVERETT— GUILTY . Aged 9.— Confined Six Months.
1441. RICHARD WEST BURNELL and SARAH GULLEN were indicted for stealing, on the 12th of March, 1 bolster, value 3s.; 2 pillows, value 4s.; 1 counterpane, value 3s.; 1 blanket, value 4s.; 2 sheets, value 3s.; 1 looking-glass and frame, value 1s.; 1 table-cloth, value 6d.; 1 bed, value 20s.; 1 carpet, value 8s.; the goods of Edward Edge.
HARRIETT EDGE . I am the wife of Edward Edge, and live in Hermes-street, Pentonville. The female prisoner took a furnished room of me—she said her husband was in the country, and was coming the next day, and next day, the male prisoner came in the afternoon—they lived together as man and wife in my house—I thought it necessary on the 12th of March to go into the room—I then missed the bed, bedding, and other articles—here are some of the things.
Cross-examined by MR. CLARKSON. Q. How long had the woman been lodging there? A. About three months—I received my rent weekly—they were a fortnight in arrear when they went—they went off earlier that morning—I went in their absence, and missed the things-whether they were coming back I did not know—the woman told me she did not do it with intent to rob me, and I have had the offer of the amount of the goods made to me since.
BURNELL— NOT GUILTY .
GULLEN— GUILTY. Aged 20.—Recommended to mercy by the Jury and Prosecutor.— Judgment Respited.
1442. WILLIAM PEMBROKE was indicted for stealing, on the 9th of May, 1 purse, value 6d.; 1 sovereign, 4 half-crowns, 9 shillings, and 1 groat; the property of George Hughes Wilkins, from his person; and that he had been before convicted of felony.
GEORGE HUGHES WILKINS . I am a lieutenant in the Rifle Brigade, stationed at Windsor. On the 9th of May, about four or five o'clock in the afternoon, I was in Regent-street, and saw the prisoner following me very closely—I had suspicion—he turned down a street—I felt, and my purse was gone—he then joined another lad—there was no one near me but the prisoner till I lost my purse—I pursued him—before I said any thing to him, he set off, running—one of the two dropped my purse—it contained the property stated—this is it—(examining one)—the prisoner was taken in a public-house.
Cross-examined by MR. PAYNE Q. After you took up your purse you went into the public-house? A. Yes—the prisoner was as dose to me as could be when I felt something at my pocket—that was about a hundred yards from the public-house—I think there were two turnings—the street was unusually thin of people—the other person was not far from me, but not so near as the prisoner—I had observed the prisoner while I was in a pastrycook's shop, where I had changed a sovereign, and then he followed me.
street, and run off—he turned into a public-house and sat down, and I took him—he was sitting with his hat off.
GUILTY . Aged 16.— Transported for Ten Years.
SARAH AMITH . I keep the Chequers public-house, Tothill-street, Westminster. The prisoner came to my skittle-ground on the 6th of May, about one o'clock—he had a pot of beer—he came again about two o'clock with another person—they went into the ground, and sent for a pint of porter—I served it—they came in, and I thought the prisoner had something under his coat—about eleven o'clock at night the policeman brought this pot, which is mine.
Cross-examined by MR. BODKIN. Q. There had been other' people with him? A. Yes, but there was nobody but those two the second time.
WILLIAM COTTON (police-sergeant G 10.) About ten o'clock that night, from information I received, I went into the Harrow public-house—I found the prisoner and another person with two bags—I asked the prisoner what he had got there—he said some old metal he had bought of Mr. Dean, in Tothill-street—I found this quart pot in it—I took it to the prosecutor—I then searched the prisoner's lodgings, found two pint pots, a ladle, and a quantity of pewter melted down—I found some metal on him.
Cross-examined. Q. He seemed to be something of a pot-maker him-self? A. More like a pot melter.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Three Months.
MR. BODKIN conducted the Prosecution.
JOHN PARE . I am an ironmonger, in partnership with two others, in Chiswell-street. The prisoner was our shopman—he had 31s. a-week—on the 5th of May, in consequence of suspicion, I marked three half-crowns, a shilling, and a sixpence—I gave them to Mr. Rule, to send some one to the shop to make purchases—on that night I put 5s. in copper in the till, which was then empty—on the following morning I went into the shop soon after seven o'clock—the prisoner and one or two others were there, who were porters—business begins at six o'clock—I went, looked into the till, and saw two half-crowns, and some smaller pieces of silver, I think a shilling and a sixpence—I did not interfere with the money—after that I sold something in the shop for 1d., for which I took a shilling, and gave 11d. in copper change—I put that shilling in the till—soon after I went to the till, and took out the money that was in it, consisting of all the sums I have mentioned, two half-crowns, two shillings, and one sixpence—I examined them—they were all marked, with the exception of one shilling—they were what I gave to Rule—I called the prisoner into the counting-house,
and said, "Browne, you have sold two sets of castors"—he said, "I have, for 8s. 8d."—I said, "What money did you receive?"—he said, "Two half-crowns and some smaller silver"—I said, "You received three half-crowns"—he said, "Oh, yes"—I said, "There are but two in the till, what has become of the other?"—he said he could not tell, he had been at the other end of the shop—I said, "I am not satisfied; I shall call a policeman, and have you searched; you had better produce what money you have"—he produced a half-crown and some smaller silver—I looked at the half-crown he produced—it was not marked—he said he had no more money about him—I said, "I shall not allow you to leave till you are searched; but, to avoid the disgrace you had better produce what you have"—he then put his hand into his other pocket, and produced the half-crown which was marked—I gave it to the policeman—this is it—(looking at one.)
Cross-examined by MR. PAYNE. Q. Did you mark the copper money? A. No—I looked In the place where the gold was put—there were other people in the place.
MR. BODKIN. Q. Did the copper money correspond with what you had left in it the night before? A. Yes, by the appearance of it.
Cross-examined. Q. Are you sure you gave the same money to Mr. Godfrey? A. Yes, in about half-an-hour—this is the half-crown that was pointed out to me.
JOHN GODFRAY . I am a friend of Mr. Rule—he gave me three half-crowns, a shilling, and sixpence, marked—I want to the prosecutor's shop with it, and. dealt with the prisoner, and bought two sets of castors—I paid him 9s. three half-crowns, one shilling, and one sixpence—he pot the whole money into the till, and gave me 4d. change—it was then just ten minutes to seven o'clock.
Prisoner's Defence. I was called in at twenty minutes past eight o'clock, and asked about the money; I turned out the money I had in my bag; I forgot the other half-crown in my pocket; I had not time to reply or explain.
GUILTY . Aged 38.— Transported for Seven Years.
1445. CHARLES CARROLL was indicted for stealing, on the 27th of April, 4 bottles, value 8d.; and 6 pints of brandy, value 1l.; the goods of James Laing, in a certain vessel, in a port of entry and discharge.
CHARLES SUNMIN . I live in Green-street, East Smithfield. The prisoner was my apprentice. On the 27th of April, about seven o'clock in the morning, he came on board my ship and worked—he said he had a feeling in his inside, and went on deck—I called him down at ten o'clock—he went up again at eleven—I went up, and he was in the cabin—he said he was very bad—he went up again at two o'clock—I went up, and he was in the round-house—I said, "What do you want there?"—he said, "Looking for pipes and tobacco"—I saw him there again at four o'clock—I told him to go out, and I locked the room—after that I saw him with a bundle of his clothes, which I had given him—there was a bottle of brandy in it—it
was Captain James Laing's vessel—the prisoner had no business with the brandy.
JAMES LAING . I put the brandy into the drawer in the round-house on the 25th of April, and took the key—on the 27th, between six and seven o'clock, a boy came and told me something—I went, and the place was broken open, and four bottles of brandy gone—this is mine.
Prisoner's Defence. I was taken bad, went into the water-closet, and found the bottle of brandy there; I took down one, and saw "Brandy" marked on it; I thought it was a good medicine, I took it, and drank some, and found it did me a great deal of good.
NOT GUILTY .
JOHN BENJAMIN NAPPER . I am shopman to John Rooney Sherrott. On the 30th of April the prisoner came into our shop, and asked for a pair of 16d. soles—I placed the box on the counter—he fitted two pairs to his pattern, and then he gave me the money—as Mr. Sherrott was coming down stairs, the prisoner walked out of the shop—I have missed some leather—this is like it—(examining some.)
Cross-examined by MR. PAYNE. Q. You did not count over the pieces? A. No.
JOHN ROONEY SHERROTT . On the 30th of April I went up stairs, leaving my boy in the shop—I came down and saw the boy dropping some halfpence into the till—I asked who he had been serving—he said a man in a white apron—I looked into the box and missed some soles—I got a policeman and went to the prisoner's house, but saw nothing there—I came out, and the prisoner ran out to the place where they keep dust, and the policeman after him—I sot a man with a lantern, and we found these soles.
Q. How do you know these? A. By the cut and the figures—I did not count the pieces in the drawer—I looked and thought there was a deficiency.
(The prisoner received a good character.)
GUILTY . Aged 60.— Confined Two Months.
1447. HANNAH JENNINGS was indicted for stealing, on the 18th of January, 2 frocks, value 2s.; 4 shirts, value 3s.; 4 pinafores, value 3s.; 2 petticoats, value 1s. 6d.; 2 aprons, value 1s.; 2 pairs of stays, 1s. 6d.; 1 bed-gown, value 6d.; 1 handkerchief, value 6d.; 1 shift, value 6d.; 1 window-blind, value 6d.; 1 towel, value 6d.; and 1 tippet, value 6d.; the goods of Richard Ramsbottom.
SARAH RAMSBOTTOM . I am wife of Richard Ramsbottom, and live in Dorset-street. On the 18th of January I sent my girl, who is fifteen years of age, to Homer-street, with a lot of clothes to Mrs. Macklin's—she is not here—it consisted of the articles stated—I have got two of them again—these are them.
in the evening, and said she came for her things from No. 5, Dorset-street—they were not quite done—she came in and waited—she paid me, and took them all away.
SARAH STEVENS . The prisoner lodged with me. On the 19th of January she brought these two frocks to my parlour door, and gave them to me—she said she was out at work on Saturday, and had them given to her.
GUILTY . Aged 21.— Confined Nine Months.
JOHN SOUTHEE . I live at Brompton. At half-past nine o'clock, on the 6th of May, the prisoner came into my shop to look at some silk handkerchiefs which were in my window—my partner took them out, and shewed her a bundle of about twenty-five—the string was loosened, and they were laid before her—she did not approve of them, and thought she should like to look at one of those in the window—while she was looking I saw her draw one out, and put it under her arm—she was then going out—I jumped over the counter, and said, "Did you mean to buy one or steal one?"—she said she had not money enough to buy two—she dragged me into the street—I brought her back—she had not bought any—when the last handkerchiefs were shown her she said that she had not money to buy two.
Prisoner. When I found that I had come out without money, I asked if the shop would be closed in a few minutes that I might get money; he took hold of me, and this handkerchief came off the counter with my shawl.
GUILTY . Aged 22.— Confined Six Months.
WILLIAM HACKET . I am shopman to Mr. Moses Roberts, a linen-draper in Oxford-street. On the 5th of May I saw the two prisoners looking at this print, which was at the door for sale—one said how cheap it was—I saw one of them take it away—I jumped over and took Fowler with it on her—she was four or five yards from the door—Bryant had not time to get away, as Mr. Roberts was out directly after me.
Fowler's Defence. Another woman chucked it at my feet, and as the witness came to me I was going to stoop to see what it was—Bryant was not with me.
Bryant's Defence. I was going to the shop to buy an apron, the prosecutor brought this woman back, and said he thought I was with her; I don't know her.
FOWLER— GUILTY . Aged 19.— Confined Four Months.
BRYANT— NOT GUILTY .
1450. THOMAS LAMB was indicted for stealing, on the 8th of April, 1 flannel shirt, value 2s.; 4 shirts, value 4s.; 2 pairs of trowsers, value 6s.; 4 pairs of stockings, value 2s.; 1 pair of shoes, value 5s.; 1 jacket, value 5s.; 3 waistcoats, value 3s.; and 4 handkerchiefs, value 2s.; the goods of Robert Jackson.
brig Viscount Melbourne, which was in the Pool—on the 8th of April, I came on shore, and got partly drunk—I had sent my clothes to Mrs. Small—I saw them there safe on the 31st of March, and they were missed afterwards—I did not authorize the prisoner to fetch them.
CATHERINE LEARY . I am servant to Mrs. Small. I fetched the prosecutor's clothes to her—the prisoner came and had some of them on the 8th of April, and next day he had the rest—he said he came to take them to Jackson, and I let him have them—this flannel shirt is one of the things.
THOMAS WATERS . I keep the Queen's Head in Wapping-wall. The prisoner brought the prosecutor to my yard, on the 8th of April, in the forenoon—the prosecutor was tipsy, and very dirty—the prisoner stripped him, washed him, and got him clean clothes, and the dirty ones were left in my yard all night—next day the prisoner came and had them, and three days after, a woman came, and brought them—my wife paid her 2s. for washing them—I heard no authority given to the prisoner by the prosecutor to get his things.
(Property produced and sworn to.)
GUILTY .* Aged 46.— Confined Three Months.
(There was another indictment against the prisoner.)
EDWARD BLACKLOCK . I live in Vernon-buildings. On the 6th of May, at a quarter-past twelve o'clock at night, I was in Gordon-square—the prisoner came up, and put her arm round my neck, and immediately I missed my pins—I told her she had robbed me, and asked if she would give them up—she would not—I said I would call a policeman—after calling two or three times, she threw the pins on the ground, and said, "There are your pins, let me go"—the policeman came up, and I picked up three pins at her feet—I missed a fourth, when the officer went back, and found it on the spot where she had been—I deal in jewellery, and usually have two pins at the bottom of my scarf.
Cross-examined by MR. PAYNE. Q. Are you a jeweller? A. Not exactly—I attend sales, and buy those things—I was just at the beginning of Gordon-square, where there are only houses on one side—I had been to the theatre in the Strand, and was on my way home—I had not been in Gordon-square a minute, before I saw the prisoner—I had not met her in Henrietta-street—these pins were in my shawl—three of them were together, and one was separate—a person could not take them all out at once—I cannot tell how the prisoner did it—there were no endearments passed between us—I put her away—she was by my side—I was perfectly sober.
GUILTY. Aged 20.—Recommended to mercy. — Confined Three Months.
1452. MARY ANN CHILD was indicted for stealing, on the 18th of April, 1 coat, value 5s.; 2 waistcoats, value 4s.; 4 neckerchiefs, value 2s.; 1 pair of drawers, value 1s.; 1 shirt, value 1s.; 1 pair of mittens, value 6d.; 1/4lb. weight of arrow-root, value 1s.; 1 bottle of lavender-water, value 2s.; 1 bottle of spirits of lavender, value 1s.; 1 ounce of ginger, value 3d.; and 1lb. weight of flour, value 3d.; the goods of John Pitman Jones, her master.
JOHN PITMAN JONES . I am a druggist, and live in Old Brentford. The prisoner was in my service, and was to quit on the 28th of April—when she was leaving, my attention was drawn to a basket with some flour in it—I gave her into custody, and the officer found these articles in her box—they are mine, and had no business there.
Prisoner. I was not aware the articles were in my box—my things were taken in the street, and brought back to the shop.
GUILTY . Aged 48.— Confined Six Months.
JOHN BATTY TUKE . I reside in Mark-lane. Last Wednesday morning I was walking leisurely up Fleet-street—a gentleman called to me, and I found my handkerchief was gone—the prisoner was seized about a yard before me, and I saw my handkerchief in a door-way close by him.
JOHN REID . I am a publisher. I was walking up Fleet-street about twenty minutes before eleven o'clock that morning, and saw the prisoner put his left-hand into the prosecutor's right-hand pocket, take out this handkerchief, and put it into his breast—I instantly collared him, and he threw the handkerchief into a door-way.
Prisoner. I was walking up the street, and wiping my eyes with my own handkerchief, which was a white one—the prosecutor's handkerchief was not in my possession at all.
Prisoner. It is one my sister lent me.
GUILTY .† Aged 29.— Confined Nine Months.
WILLIAM HOPCRAFT . I live in Whitmore-road, and am a wheelwright. On the 4th of May I let a truck to the prisoner—I knew him by sight—I asked him where he was going—he said, to Battle-bridge, and he could not tell how long he should be gone—he never returned—I went to the station-house the next day—I looked about, and found it in the North-road, at Mr. Metcalf's.
GUILTY . Aged 40.— Confined Three Months.
WILLIAM MOORE . I am shopman to Peter King Holder, of Great Warner-street, Clerkenwell. On the 11th of May I saw the prisoner take this cotton from the door, and go away with it—I ran round the counter to pursue him, but some young females cried out, "Stop thief," and he dropped the print—he was brought back—I am sure he is the person who took it.
GUILTY . Aged 18.— Confined Three Months.
1456. MARIA HARRINGTON was indicted for stealing, on the 5th of May, 1 watch, value 6l.; 1 seal, value 16s.; 1 watch-guard, value 12s.; and 2 watch-keys, value 6s.; the goods of John Anderson: and ANN DRISCOLL , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
JOHN ANDERSON . I am a sailor. On the 5th of May, between one and two o'clock in the morning, I saw Harrington near Tower-street—I asked her for a bed, and she took me to a house—I stopped there some time, took my watch and guard from my neck, and put it under the pillow—I was going to bed there by myself, not with her—I went there to get away from a scuffle that I got into—while I was taking off my jacket Harrington went out, and I am sure I saw my watch-guard, in her hand—there was no one else in the room.
Harrington. You got into a fight, and you asked me if your temple was cut, and I said, "Not much," we went down Rosemary-lane, and met Driscoll—then we went up to her place, and you sent out for some gin and beer; we went on drinking till three o'clock in the morning; after you spent all your money you gave your watch to Driscoll to take care of. Witness. I sent for some gin and beer, and we went on drinking—I saw Driscoll in the room, and she went out for the liquor.
JAMES JOY (City police-constable, No. 208.) I received information, and went after Driscoll—I found her, and asked her what she had in her bosom—she took this property out of her bosom, and said she did not steal it, but a woman and a sailor came to her house, the woman stole the watch, and gave it her.
THOMAS TROTT (police-constable H 77.) The prosecutor came to me, and said he had been home with a woman, and lost a watch—I went to several houses, and then to a house in Rose-court—Harrington was there—the prosecutor said to her, "You have got my watch"—he then said he did not like to swear to her, and would not give her into custody.
Harrington's Defence. I did not thieve it; we were all in liquor togeher; when I awoke I recollected nothing about it.
Driscoll's Defence. The prosecutor sent me three or four times for liquor—he then said he would go to the public-house, and get 5s. on his watch, and give it to this woman.
HARRINGTON— GUILTY . Aged 33.
DRISCOLL— GUILTY . Aged 30.
Confined Six Months.
RICHARD THORNTON . I live at Ealing. On the 13th of April I missed 20 books out of my harness-room—I gave information, and next morning the prisoner came to me, and said he had taken the books, that he hoped I would forgive him, and he brought them back.
NOT GUILTY .
JAMES COOKE . I live in Earl-street. On the 8th of May, about a quarter-past ten o'clock, I was in Fleet-street—I had a handkerchief in my pocket, which I had been using shortly before—I received information, and missed it—this is it (looking at one.)
RICHARD PLUMBLY (City police-constable, No. 357.) I was in Fleet-street about a quarter-past ten o'clock that evening—I saw the prisoner take the handkerchief out of the prosecutor's pocket—I caught him, and took it out of his hand behind him—there was another boy with him, and he put the handkerchief behind him, I believe, for the other to take it.
Prisoner's Defence. I was walking up Fleet-street, and two boys threw it on me.
GUILTY .* Aged 17.— Confined Three Months.
GEORGE JOHN THORNBLOW . I live in Southampton-street, and am an engraver. On the 1st of May, about a quarter-past ten o'clock, I was walking up St. Martin's lane—I saw the prisoner lift up a gentleman's pocket with his left hand, and take out his handkerchief with his right hand—he ran off, down several streets, till he came to Hop-gardens, and there the policeman stopped him—I told the officer I had seen something drop at the corner of Hop-gardens, which is rather dark—he went, and got this handkerchief—I do not know the gentleman's name who lost it.
Prisoner's Defence. I was making my way home, as my father told me to be home by ten o'clock.
GUILTY . Aged 18.— Confined Six Months.
OLD COURT.—Saturday, May 16th, 1840.
Third Jury, Before Mr. Sergeant Arabin.
1460. THOMAS CARTER HUNT was indicted for stealing, on the 13th of May, 121bs. weight of sail-cloth, value 3s.; and 1 brush, value 4s.; the goods of the Great Western Railway Company, his masters; to which he pleaded
GUILTY .— Transported for Seven Years.
1461. GEORGE FREDERICK AMOSS was indicted for stealing on the 9th of April, 3 sovereigns, 4 half-sovereigns, 2 crowns, 2 half-crowns, 2 shillings, 3 sixpences, 3 pence, and 6 halfpence; the monies of Edward Rubery, his master.
EDWARD RUBERY . I am a pawnbroker, and live in Bethnal Green-road. The prisoner was my shop-boy for six months—I was taken very ill, and confined to my room for five weeks, and left him to manage my business—he came home drunk one Sunday evening, which aroused my suspicion, and he had bought new clothes—on the 9th of April I missed this money from the till—he had the management of the shop, but there was a little boy who could get at the till—I have not found any of the money, but be acknowledged it—I told him he had better tell the truth.
NOT GUILTY .
ELIZABETH MAYNARD . I am the prosecutor's wife. I missed some things, and a constable was sent for—I went with him to the prisoner's room, and on her shelf the constable found this duplicate for two gowns—I also lost a collar, and found it on the child's crib, by the side of her bed—I had left it in the cupboard in my bed-room—I never authorized her to take it out—these gowns are what I lost—(looking at them)—I examined a parcel of new articles found in her bed-room, and in the parcel I found a bill.
Cross-examined by MR. PAYNE. Q. Did you accuse her of stealing your gowns? A. Yes—she said she was innocent, and her room might be searched—she said she knew nothing about the duplicate found on her shelf.
GEORGE THATCHER . I am a policeman. On the 30th of April I went to Mr. Maynard's, I told the prisoner what had been missed, I afterwards went to her bed-room with Mrs. Maynard, and on the shelf I found this duplicate of the two gowns, pawned at Perkins's, in Kingsland-road, in the name of Gibbins—I found a collar concealed between the flock bed and the mattress of the crib—I went to the pawnbrokers with the prisoner, and got these two gowns, which I produce.
Cross-examined. Q. I believe you asked if she had any objection for you to search her boxes? A. Yes, she said she had none.
JOHN KILLINGWORTH . I am shopman to Mr. Perkins, a pawnbroker—I produce two gowns, pawned on the 24th of April, for 4s., in the name of Ann Gibbins, by a woman—I cannot swear positively to the prisoner—I believe I have seen her before—this is the duplicate that was given for them.
Cross-examined. Q. Is it your writing? A. Yes, we have a great
many people come to our shop—I could not tell what particular things they pawned.
GUILTY . Aged 24.— Transported for Seven Years.
SEBASTIAN GARRARD . I am one of the firm of Sebastian Garrard and Co., silversmiths in the Haymarket. The prisoner was in our employ—we have from day to day a quantity of silver filings accumulated—my attention was called on several occasions to a deficiency in the filings, in reference to the business done, and on Wednesday the prisoner was given in charge—when I came to business in the morning, he told me he was very sorry for what had happened, and if I would forgive him, nothing of the sort should happen again—I had made him no promise—none of the servants have permission to take the silver filings—I lost 1200 ounces last year.
EDWARD WALLIS . I was in the prosecutor's service—there had been silver filings missing—there are about eighty persons in the employ—none of the servants have the privilege of having the silver filings. On Tuesday, May the 12th, I saw the prisoner go up to Mr. Hearn's shop-door, in Jerusalem-passage—directly he saw me he retired from it—my suspicions were aroused, and I concealed myself under a public-house window, nearly opposite Mr. Hearn's shop—the prisoner caught sight of me, and retired—in about half-an-hour I saw him come out of the house where I lodged, which is just by Jerusalem-passage—he beckoned roe out of the house—I followed him into the street, and he said to me,' What is the matter?"—I pretended I did not know what he meant—he said,' You have been into the passage'—I said,' And so have you, with two ounces and eighteen dwts. of silver'—(I had in the mean time made inquiry at Hearns's)—he said,' I have," and begged and prayed of me not to make it known to my employers.
Prisoner. I did not say the property belonged to my employers, but begged him not to mention it to them.
JOHN HEARN . I am a refiner, and live in Jerusalem-passage, St. John's-square. On Tuesday, May 12th, the prisoner came to my shop, about eight o'clock at night, with some silver filings, wrapped in brown paper, and requested I would melt it for him, and he would call in an hour, or if I could not do it, he would call in the morning—I said I would do it at once—previous to his calling for the money Wallis came, and made inquiry, in consequence of which I showed him the silver—it had then been melted—I did not know that he was in the prosecutor's service—a few minutes after Wall is left the shop the prisoner came in, and asked if it was ready—I told him' Yes," that I had melted it, but it was stopped, and I did not pay him for it—I should have allowed him 4s. 6d. an ounce without assaying—it was not worth assaying.
WALTER THORBURN . I am a policeman. The prisoner was given into my charge—on going to the station-house I asked him if he had taken the silver filings—he said he had, but he was not the only man in the shop that took the fillings—I made him no promise or threat.
Prisoner's Defence. Nothing was found on me; as to the silver, nobody can say I took it off the premises—other people had the same chance
of taking things as I had—it was not in the same state, and they cannot swear to it.
GUILTY . Aged 37.— Transported for Seven Years.
Before Mr. Justice Coltman.
MESSRS. ADOLPHUS, GURNEY, and BULLOCK conducted the prosecution ALEXANDER KERR. I am the one of the Metropolitan Police. I know the shop, No. 1, Shoe-lane—the name of Cleave is on the door—it is a book-seller's—I went there on the 3rd of February last, and asked for' Haslam's Eighth Letter to the Clergy of all Denominations"—I saw the defendant in the shop—I saw his daughter in the shop—when I asked for the book the defendant turned to the young woman, and calling her Emma, told her to serve me, but before she did so, the young man in the shop served me with this book—this is it—(producing it)—I marked it when I bought it—the defendant was present when I was served—I paid 1d. for it. On February the 11th, I went again to the same place, and asked if they bad got the whole of' Haslam's Letters to the Clergy"—I saw Emma there, and the young man who served me on the first occasion—I did not see the defendant—I asked if they had got the whole work—the answer was they had not—I said I would take all they had got, meaning the numbers of the whole work—Nos. 1, 3, 4, 5, 6, 7, 8, 9, 10, 12, and 13, were produced—I marked them all—(looking at them)—these are them—I bought them, and paid for them—I have Nos. 5 and 13 here, which have been selected from the rest—I marked them also.
Cross-examined by MR. CHAMBERS. Q. You say you saw Mr. Cleave's daughter, do you mean you were personally acquainted with her or Mr. Cleave? A. I have seen Mr. Cleave on many occasions, and therefore know him personally.—I knew it was his daughter by his speaking familiarly to her—I said nothing to her—it was merely from his saying Emma" that I thought she was his daughter—I knew it was Mr. Cleave's shop by. seeing the name over the door, and I have seen him in the shop on former occasions, and I know him to be Mr. Cleave—I do not know the landlord of the house—I do not know if any inquiry has been made about that
Q. Am I to collect that it is simply from' Cleave" being over the door, and his acting in the shop, you presume the shop is his? A. Yes—by acting in the shop, I mean serving customers—I do not know the young man—I do not know his name—the shop is not on my beat—my beat is in the F division—we come as far as Temple-bar—I was not in my police dress when I purchased these things—I came from the station-house—I was sent by the Superintendent—I went to the Treasury, and was empowered by Mr. Maule—I believe I saw Mr. Maule—Haslam's Letters were taken from a shelf behind where the young man stood—it is a small shop—I have seen it frequently—it is full of penny publications, and things of that description, which laid on the shelves principally—I did not see any of Haslam's Letters in the window—I cannot say that I noticed the Penny Gazette—I have seen Cleave's Penny Gazette—the first time I went was between three and four o'clock in the afternoon—I think there was one other customer there—when I asked for the book it was between four and five o'clock—I did not take out a book when I asked for the Letters, nor had I a memorandum of what I wanted—I had it in my memory—I had never seen them before I went to buy them—I had heard of them—I have read
numbers 8, 5, and 13 through—curiosity induced me to read them—they have not been read at the station-house—they have never been seen there—I cannot say how long it took me to read one—I read them at different times, just at my leisure—when I went the second time the young man served me—there was nobody serving but the young man—a person came in at the time—the girl was in the shop—I judge there was a good number of publications for sale, from what I saw on the shelves—there were many thousands—it was not full up to the ceiling—they were not half up to the other shelves—the things were piled up in different places—there were different works on the counter—I know nothing of the course of publishing; (The libellous matter contained in the publication alluded to was of too blasphemous a description for publication.)
GUILTY .— Confined Four Months, fined 20 l., and to find Sureties for his good behaviour for Two Years.
1465. ANN PHILLIPS was indicted for burglariously breaking and entering the dwelling-house of Elizabeth Webb, on the 1st of May, about the hour of nine in the night, and stealing therein 1 box, value 4s.; 1 watch, value 1l. 5s.; 2 seals, value 4s.; 1 watch-key, value 1s.; 2 pairs of trowsers, value 15s.; 2 waistcoats, value 2s.; 4 handkerchiefs, value 9s.; 2 printed books, value 3s.; 2 pocket-books, value 1s.; 1 pair of stockings, value 1s.; 1 pistol, value 3s.; 1 telescope, value 1s.; and 1 flute, value 2s.; the goods of Henry Webb: and 10 sovereigns, 4 half-sovereigns, 2 half-crowns, 15 shillings, and 1 sixpence, the monies of the said Elizabeth Webb.
ELIZABETH WEBB . I live in Tilly-street Tenter-ground, Christchurch, Spitalfields. I occupy one room on the ground-floor—I have known the prisoner eight or nine months—on the evening of the 1st of May, about eight o'clock, she came into my room—she and I went away together—I locked the door, and took the key with me—I left the prisoner at the bottom of the street, which was not many yards—I returned home about half-past nine o'clock, found the panel of the door burst in, and the door open—the panel laid on the floor—I went to look for tome lucifers, which laid on a middling-sized mahogany box, and the box and all was gone—the property in the box belonged some to me and some to my son,—I gave information to the police, and saw my property next night in the hands of the policeman—ten sovereigns and four half-sovereigns are gone—they were in an old tin box, in the mahogany box—I have never seen them since—there was some silver in the same box, but that has been found—my son had given me the silver the Wednesday before.
JOHN SANDERSON . I am a dealer in marine stores. The prisoner came to my shop on Friday night, the 1st of May, between nine and ten o'clock, with a box, and applied to me to fit her a key to it—I got up to see if I had one, but had none—I then felt the box was very heavy, it was full, and I asked her if it belonged to her—she said it belonged to her brother—I said, "If so, send your brother down to my place, and I will open it for him"—she took it under her arm and went out—this is the box—(looking at it)—I followed her out, and saw her go into Fleur-de-lis-street, opposite my shop, to a locksmith's, named Kent.
THOMAS KENT . I am a locksmith. The prisoner came to my shop on Friday evening, the 1st of May, with this box, and asked me to fit a key to it—I was in bed, and said I was too tired, I could not get up; but if she would bring it at five o'clock in the morning I would do it—she begged of me to do it then, as her brother was going off to Calcutta at five in the morning
—I got up, dressed myself, fitted a key to it, and opened it—I saw her take a little silver out—it was in a bit of brown paper—she then opened a little box, and emptied something out into her hand, which rattled, but I could not see what it was—it appeared to be money—she then said, I have got what I wanted for my brother to go away in the morning with; be so good as to let me leave the box till seven or half-past seven o'clock in the morning, and I will call for it"—I agreed, but said,' If I am out at work I will leave a man at my shop, to come and let me know if it is inquired for, that it may not be delivered up without my coming"—she did not come for it in the morning, and on Saturday I opened it, and locked it again—I took a watch out—I took it over to Mr. Mason, the publican, to show him, and ask his advice, and begged him, if he had heard of a robbery, to say I had got the property—I told another person of it also—at night I delivered the box to the officer, and the watch also.
WILLIAM ARGENT . I received information of the robbery, and went in pursuit of the prisoner, between nine and ten o'clock on Friday night, the 1st of May—I met her about 100 yards from the house, stopped her, and asked where she had been for the last half-hour—she said,' To a person's house, lining a pair of trowsers"—I said,' Where?"—she said,' A house in White's-row"—I took her there, and the person said she had not seen her for four or five hours—she then said she had been at another place, which she could not tell me of—I searched her, and found two keys on her, one of which unlocks the box.
ANN O'BRIEN . I am the wife of a policeman. The prisoner was brought to the station-house on Friday night—I searched her—while I was doing so, I observed her take something out of her bosom, and place it under the sole of her foot—it turned out to be 20s. 6d., in silver, wrapped in a piece of brown paper—they are in different coins—she refused to give me the money at first—she stooped down, and took it from her foot, and kept it in her hand, but I got it from her—she said it was her own money, and begged I would not give it to the inspector.
HENRY WEBB . I am the son of Elizabeth Webb. On the Wednesday before the robbery I gave my mother two half-crowns, fifteen shillings, and two sixpences, in a piece of whitybrown paper—she gave me 6d. of it back afterwards—I believe the money in this paper to be the same—it contains two half-crowns, fifteen shillings, and a sixpence—this I believe to be the same paper, because I tore it off a large sheet.
(Property produced and sworn to.)
Prisoner's Defence. I know nothing of it at all.
(The prisoner received a good character.)
GUILTY. Aged 18.—Recommended to mercy.
Confined Twelve Months.
WILLIAM DUTTON TOWNSEND . I am a pawnbroker, in Russell-street, Covent-garden. Last Saturday evening I was in my shop—I observed the prisoner through the shop-window, with a companion, standing outside the window, crouching down at a pane of glass—I was about to show a person
an article for sale, and observed a neck lace moving in the window—on looking at the prisoner and his companion they caught sight of me, and ran away—I saw a hole at the corner of the window—the necklace was then drawn through—it had been at the back part of the window, but they had drawn it from there by a wire, with a hook at the end of it, which I have got—one part of the pane was out—the necklace had been in the window in a case—I found part of it drawn through the hole—when they ran away I immediately pursued them, with my young man—I kept sight of them till they crossed Bow-street—my young man ran round Bridge-street way, and I saw him collar the prisoner—I had only lost sight of him at two turnings, but there were no other boys in the court to interrupt my sight—I know he was one of the boys at the window, because I followed him close—when I got round the first turning I saw two boys running before me—I did not lose sight of them again till I got to the second turning—I was still about the same distance when I got round the second turning—they were still running, and my young man caught the prisoner, who I am sure was one of them—I gave him in charge to the policeman—I went back to my shop—there was nobody else near my shop at the time—it was quite daylight—I am sure he is one of them—the window had been whole in the morning.
JAMES RATCLIFF CHESTER . I am in the prosecutor's employ. I saw the prisoner and another boy at my master's window—they ran away as Mr. Townsend went to the window for something—I ran after them, and caught the prisoner—I cannot speak to his face, but when I got to the door, I saw him running and turn up the court, and Mr. Townsend after them—I followed, and saw them running up the court—there is only one outlet—I ran to the corner of Bow-street, and saw them come out of the court—the prisoner was the last that came out, and I secured him—I had gone round to meet them, and caught them after they had got out of the outlet—I afterwards examined the window, and found it broken, and the necklace hanging, about three inches of it, out of the corner of the window—the whole of it had been moved from its place, I am sure—I found a wire attached to the end of the neck chain, which was hanging out of the hole—this is the necklace and wire.
Prisoner's Defence. I was playing near Covent-garden theatre on Saturday night, and sat down to rest on the step of a door, and this young man came and took me.
GUILTY of Stealing only. Aged 14.— Transported for Seven Years.
1467. EDWARD SPEED and JOSHUA LEADER were indicted for that they, on the 30th of April, in and upon John Weatherley did make an assault, putting him in fear, and taking from his person, and against his will, 1 pair of boots, value 20s., the goods of William Weatherley.
JOHN WEATHERLEY . I am eleven years old. On Thursday, the 30th of April, I went with a pair of boots into Lincoln's Inn-fields, at about a quarter-past six o'clock—my father is a boot-maker—they were his boots—I was taking them to a customer—I was passing by the end of Angel-court, Long-acre—Leader came and took the boots from me, and another man held me by the arm—I cannot speak to him—Leader ran up Angel-court—I cannot say whether the other one did or not, nor what became of him, I was so confused at the time that I did not see—it was quite day-light.
Cross-examined by MR. PAYNE. Q. You went to the station-house, and gave information? A. Yes, to Bow-street—I had never seen Leader before, but am quite sure of him—I saw him again two or three days after.
JAMES MOULDS . I am fifteen years old. I live at the corner of Banbury-court, Hart-street, leading to Long-acre. On Thursday evening I saw the prisoners run up Angel-court—one of them had a pair of boots under his arm—they went into the first house they came to, on the left, in Rose-street—I do not recollect which of them had the boots—it was the 40th day of the month—I do not mean the 14th—nobody told me it was the 40th—it was between four and five o'clock, I think, but I am not quite sure—I heard people hallooing out' Stop thief" at the time these men were running past—I saw Weatherley running after them—I was before him—I knew Leader before by name, and the other by sight—I did not know his name.
Cross-examined. Q. When did you first give information to any body about this? A. To my master the same day—I was examined before a Justice not quite a week after—I do not know who keeps the house they ran into—I did not tell any one that they had run into the house at the corner—nobody there is a relation of mine—I was going after some money that was owing to my master—I did not offer to help Weatherley to find them at all—I let him go on.
JOSEPH LEWIS ASHMAN (police-constable F 119.) I apprehended Leader on Saturday evening, the 2nd of May—in going to the station-house he asked me what I took him for—I told him, for stealing a pair of boots from a little boy in Long-acre—he said,' How does he know I stole them?" or something like that—I said I should get him to identify him—he said,' If so be he identifies me I shall be all right, if not I shall be turned up."
Cross-examined. Q. Did he not say he never stole them? A. Yes; he said he knew about them, but did not steal them—I do not know what he meant by saying it would be all right if he identified him—I did not find out the witness Moulds—I do not know how he came to be found.
THOMAS KELLY (police-constable F 40.) I apprehended Speed—I came up with him shortly after Ashman apprehended Leader—I said,' I want you for the robbery of the boots on Thursday last"—he said,' I will go with you, but I did not commit the robbery"—he said,' I know who did it," and said something further, but I could not tell what it was.
(Leader received a good character.)
LEADER— GUILTY.—Recommended to mercy. — Confined Six Months.
SPEED— NOT GUILTY .
NEW COURT.—Saturday, May 16th, 1840.
Sixth Jury, Before Mr. Common Sergeant.
MR. BALLANTINE conducted the Prosecution.
WILLIAM UNDERWOOD (police-constable T 191.) About half-past three o'clock on the morning of the 7th of May I was on duty at Northalt, fourteen miles from London—I saw Allen at the prosecutor's hay-stack—he scraped up an armful of hay from the bottom cut, took it to the load which was ready for him to take to market, and pushed part of it in between the trusses—while he was doing so some one called him, and he walked away with part of it under his arm into the yard—as soon as he was gone I went and informed the prosecutor—I did not see any one else.
Cross-examined by MR. DOANE. Q. You distinctly saw Allen take it from the rick? A. Yes; he had not to carry it half-a-dozen yards.
JAMES HITCHCOCK . I am a farmer, residing at Northalt. I received information—I got up directly, saddled my horse, and watched Allen about a mile and a half on the road—he was my servant—the cart was to go to the Hay-market, to Mr. Sims the salesman—it was laden the night before—I allowed him a truss of hay for his horses the night before, part to be in the sack and part on the load—he had no right to go to the hayrick to take any more—I went to the Ealing station-house, and told the policeman—I after that heard that Allen was in custody.
Cross-examined. Q. He had a right to a truss of hay? A. Yes—about 20lbs. was in the sack, and 34lbs. in the cart, but he had about 50lbs. in the sack the night before, and there ought to have been about 20lbs.—I saw a quantity of hay in the sack which belonged to me.
MR. BALLANTINE. Q. How much hay did you lose altogether? A. When I saw the cart, after the prisoner was in custody, there was not more than 15lbs. in the sack—I lost about 30lbs., which I saw over-night in the sack, and about 20lbs. from the rick—he had about 50lbs. more in the cart than he ought to have.
JOHN CHAMP (police-constable T 137.) I received information, and went to the Feathers public-house, at Ealing—Allen pulled up to the trough, and gave his horses some water—he then pulled out an armful of hay from a sack by the side of the cart, and put it under the horse-trough—he did not give his horses any thing to eat—he and Meacock, who is ostler there, stood talking together at the time he pulled the hay out—Allen then pulled out another lot of hay, and put that under the trough—Meacock was still standing by—Allen then drove on—I ran and took him into custody—I took him to the station-house—I went back, and saw Meacock with the hay (about 30lbs.) going across the yard—I asked what business he had with the hay—he said the farmers allowed him the hay for water.
MR. HITCHCOCK re-examined. I did not allow my servant to leave hay at any public-house for water—the hay that was in the sack was mine, and it was taken out.
Allen's Defence. My master says I took 30lbs.; it was never weighed; it was only three handfuls I took from the cut and tucked a part in between the load, and the rest I took into the stable for my horses before I went out; it was only a bit of hay I left for the water.
ALLEN— GUILTY . Aged 18.
MEACOCK— GUILTY . Aged 22.
Recommended to mercy by the Prosecutor.— Confined one Month.
1468. JAMES MORRIS was indicted for embezzlement. RICHARD CROSS . I am a saddler, and live in St. James's-street. The prisoner was my errand-boy, and if he received money, it was his duty to pay it to me. On the 13th of March I sent him to receive 1l. 14s. 3d. for me—he did not pay it me, but absconded.
WILLIAM PAYNE . I am in the employ of Mr. Shoolbred, of Jermyn-street—on the 18th of March the prisoner came, and said he had come from Mr. Cross for the amount of his bill, and I paid him 1l. 14s. 3d.
GUILTY .* Aged 18.— Transported for Seven Years.
MR. PAYNE conducted the Prosecution.
WILLIAM MARRIOTT . I live at Southam, in Warwickshire, and am a cattle-dealer. On Sunday, the 5th of April, as I was going to Barnet-fair, I left my cart at the Bald-faced Stag public-house at Finchley—I have known the prisoner a year or two, he had done jobs for me—he was near enough to hear the direction I gave the ostler at the Stag—I left my cart there because the pony set to kicking, and I could not get on—I told the ostler to take care of it till I called for it—after that the prisoner went on to Barnet with me—he remained with me two or three hours—I then left him at Barnet, and I went on—the value of my cart was 4l.—the harness and collar were worth 25s.—I gave the prisoner no authority in any way to sell the cart for me.
Cross-examined by MR. CLARKSON. Q. When did you buy the cart? A. Three or four months ago, in Warwickshire—I gave 6l. 10s. for it—the kicking pony had broken one board in front—I had not used the cart a great deal—I left the prisoner on that Sunday, and gave him 2s.—I was going to take him into the country, to try to get him a situation—I am sure he was near enough to hear what I said to the ostler—I would have given 4l. for the cart.
WILLIAM HENRY MALTWOOD . I live in John-street, Portland-town. The prisoner came to me on Friday, the 10th of April, and said he had a cart and harness for sale at the Bald-faced Stag public-house at Finchley.
—I had a horse, and I borrowed a cart—the prisoner and I and two more men went to the Bald-faced Stag, and saw the cart—it was a small one, and would not suit me—the prisoner tied the cart behind mine, and brought it away to my house—there was a harness and a collar in it—when we got to Portland-town I bought the harness for 5s., and let the cart be at my stable—he said he wanted to sell it, as he was going into the country—on the Tuesday following he came again, and brought Edwards—he sold the cart to him, and Edwards took it away.
Cross-examined. Q. Did he tell you the horse kicked? A. Yes—he told me a young man told him to sell it, and give him the money when he saw him—all the front of the cart was broken and gone, except one piece on the top—it was not worth 2l.—the harness was not worth 20s.
MR. PAYNE. Q. Were not the sides, and wheels, and shafts, all right? A. Yes—I am a painter—I painted the name off the cart by his permission.
came to me on the 14th of April, and said he had a cart to sell, that it was his own, and he had been using it—he asked me 2l. for it—I gave him 30s.
GUILTY . Aged 21.— Confined Three Months.
CATHERINE CARTER . I am the wife of John Carter, and live at New-end, Hampstead. I hung these articles in Hampstead-square to dry, on the 12th of March, about two o'clock—I missed them between four and five o'clock—on the 16th the prisoner brought the baby's bed-gown, and said she had picked it up in Duke's-square, that Lowe, the gardener, saw her pick it up, and cried, "Halves"—I said I did not care about the old bed-gown, but I wished I could get the other things, as, after I had been laying the young man's money by to do me good, I must now lose half of it, to pay for these things—she said the better way would be to search the pawn-shops—I said I had not time, neither did I understand it—she said she was going to town, and if I liked, she would do it, and call and tell me the next day—she did not come the next day—I went to where she worked, and saw her—she turned round and said, "Ah, mother Carter, 1 have no luck for you"—this shirt and shift are mine—(examining them)—the drawers I have not got.
SAMUEL RUOOLES (police-sergeant S 13.) I took the prisoner—I told her I wanted her for stealing a shirt and other articles of Mrs. Carter's—she said she had heard something about it—I took her to Mrs. Carter's to sign the charge, and she said, "MRS. Carter, if you won't give charge I will pay you double the money of the things"—when she got to the station-house she said she had picked tip a shirt, shift, and pair of drawers, in Duke's Head-alley.
Cross-examined by MR. BODKIN. Q. Do you know that this woman lived with a butcher? A. Yes—it was not the butcher who told me about it—I have no reason to believe that he is the person who set this matter on foot—I got the duplicate of the shirt and shift from the prisoner's mother.
GUILTY. Aged 27.—Recommended to mercy. — Confined One Month.
WILLIAM WARNE . I live in Mill-street, Lisson-grove, and am a shoe-maker. I received information on the 5th of May, and went out—I saw the prisoner going down Bell-street—he dropped these shoes, which are mine—I took them up, and he was afterwards stopped—I had seen them shortly before hanging on an iron in front of my shop.
GUILTY . Aged 16.— Confined Three Months.
THOMAS SNEED . I am butler to Mr. Ward, of Bryanstone-square. I was called on the 11th of May, and found the prisoner in the passage—I did not see any thing with her then—this is my coat and trowsers—(looking at them.)
SARAH FRANKLIN . I am kitchen-maid at that house. I saw the prisoner coming out of the pantry with the coat and trowsers—I asked her what she wanted, and she asked me to buy a stay-lace of her—she wanted to go into the kitchen, and ask the other servants—I said they did not want any—she then went out into the area, and had these things under her arm—I asked her what she had got—she said, "For God's sake don't say any thing, let me go and put them down,"—she ran into the pantry before me and put them down.
(The prisoner pleaded poverty.)
GUILTY . Aged 47.— Confined One Month.
JANE COUSINS . I am single, and live at No. 31, York-square. On the morning of the 29th of February I came home in a cab, the prisoner opened the door of the cab—I went into No. 32, and laid down on a sofa, and went to sleep—I had my necklace on then, and when I awoke I missed it—I asked every one if they had seen it—they said they had not—the prisoner lodged in that house—I heard no more of it till last week, when John Davenport told me something—I then spoke to the prisoner—he said he had not seen it, and I gave him in charge—he then asked to speak to me, and said, "It is of no use, John Davenport took it off, and I pawned it."
Prisoner. Q. On the morning you lost it you left town? A. Yes; at ten o'clock I went to Oxford, but I came home at two o'clock, and missed the necklace before I left town.
(Property produced and sworn to.)
Prisoner's Defence. After the prosecutrix left town, the necklace was given me to pawn by Charlotte Davenport, the wife of John Davenport, who keeps the house.
JANE COUSINS re-examined. Davenport keeps the house No. 32—I live at No. 31—the prisoner was in the room when I lost the necklace and Davenport and his wife were there—I was asleep when it was taken—he came and opened the door of the cab, and was in the room—I went out of town, and did not return for a fortnight, and then Davenport said that the prisoner bad pawned it for 12s. in Tottenham-court-road, and had given him the ticket—I inquired of the prisoner, and he did not say any thing about it.
GUILTY . Aged 20.— Confined Six Months.
1474. MARY CHESHIRE was indicted for stealing, on the 29th of April, 26 yards of linen cloth, value 26s., the goods of Edward Roberts: and JEMIMA DUKE , for feloniously receiving 11 yards of linen cloth, part of the same, well knowing it to have been stolen; against the Statute, &c.
EDWARD ROBERTS . I am a linen-draper, and live at Carlton-place, Hackney. On the 29th of April, I had this cloth on the counter—I was away for twenty minutes, and at that time Cheshire and another female
were there—when I came back, I saw the young man who had been serving them was absent—I went out and saw Cheshire and the female who had been with her, at a pawnbroker's door—I went and found a portion of linen at the pawnbroker's, which I believe to be mine—this is it—I went and took Cheshire, and sent a boy for an officer—she said, "For God's sake, don't hurt me, consider my family"—I said I was sorry for it.
DANIEL KENNEDY . I am in the service of a pawnbroker. About half-past eight o'clock on Wednesday evening, the 29th of April, Duke came to pawn eleven yards of linen—while I was taking it in the prosecutor called me out, and told me something—Duke asked me 5s. for it—I did not ask her whose it was, knowing her—she said it belonged to a young man a sailor—I told the prosecutor to come in, which he did, and identified it—Duke left the shop, and in two or three minutes after she returned to the door with Cheshire, and said, "This is the woman that delivered roe the linen to pawn, and she has got another piece"—I took it from her, and gave it to the policeman—I detained Cheshire till a mob was collected, and I became alarmed for our own property, and let her go.
Duke's Defence. I went back to Cheshire; she said she had picked it up; I said, "Come over," and she did, and Kennedy took it from her.
(Cheshire received a good character.)
CHESHIRE— GUILTY. Aged 38.—Recommended to mercy. — Confined Eight Days.
DUKE— NOT GUILTY .
JAMES BENNETT . I keep a ham and beef shop in the Lower-road, Islington. About five minutes before eleven o'clock on the evening of the 12th of May I was in the back of my premises, and coming into the shop again I caught sight of a boy with a ham—I gave information, and the ham was brought back soon after.
WILLIAM SCOTT . I live in Lower-street, Islington. I was at the corner of Queen's Head-lane, and saw the prisoner and another together—they made a stop—they had got the ham in their possession, and the prisoner said,' "Here he comes, let us go"—they went down a lane—the policeman was coming after them.
Prisoner's Defence. I was coming across the fields, and the policeman took me—I had not had the ham.
GUILTY .* Aged 19.— Transported for Seven Years.
stolen a plane"—I saw the prisoner a few yards off—I took him by the arm and said, "Where is the plane?"—he took it from under his jacket, and said, "How much is it? I will pay you."
Prisoner's Defence. I was in company with a countryman, he was purchasing some tools, and coming down this street I took up this plane to look at; the lad asked me if I was going to purchase it; I said, no, I knew a person who was going to purchase some tools, and I did not see him; then the lad came up and spoke to me.
GUILTY . Aged 35.— Confined Three Months.
HENRY NOWLEN . I am apprentice to William Ewer, in High-street, Islington. I saw this work-box safe about two hours before it was stolen on the platform inside the shop—I had been absent a few minutes and saw the prisoner coming out of the door with the box under his arm—I took him, and called my master down.
Prisoner's Defence. I picked it up.
GUILTY .* Aged 17.— Transported for Seven Years.
THOMAS SMITH . I am shopman to Andrew Ross and another, who live in Regent-street. The prisoner came in and asked to look at a gold eye-glass for Mr. Jones, of Jermyn-street—I took a tray of gold and silver articles from the counter, and showed him some—he said he wanted one with two glasses, a double one of the best chased solid gold—I showed him two, and said the price was 3l. 10s.—he said the one that Mr. Jones bad he had paid 3l. 15s. for—I was obliged to leave that part to ring a bell for a person to attend to another customer—I then came back, and missed an article from the tray that I had shown the prisoner—he went out, and said ten minutes would do to send them round—I followed him and saw him go into a public-house—he was examining something—I got a policeman and took him, found one frame that I had not missed, and on searching him further we found this other, which I had missed—I went home and missed them both.
Prisoner. Q. Have you any mark on them? A. no, I know the articles.
Prisoner's Defence. Both of them belonged to me; I did not know the exact value of them; I bought them of a Jew; he told me I should gain money by them, and I went to the prosecutor's shop to ascertain the value of one similar to them.
GUILTY . Aged 19.— Transported for Seven Years.
another, and live in the Kingsland-road. The Venetian blinds were outside the shop on the 7th of May—I heard some were missing—I ran out and saw two persons resembling the prisoner, one of whom was carrying a blind—I told the policeman—we joined in pursuit, and saw them standing at the corner of Black Horse-passage—they saw us and ran down, and were taken out of a house in the Land of Promise—the blinds were found in Black Horse-fields—I cannot say how far from where I saw them.
COLIN ALEXANDER MILNE GRANT (police-constable N 378.) I saw the prisoner from a quarter to half-past three o'clock—Spencer had this blind with him—I saw them coming down to Haggerstone—I was overtaken by Crace, and told something—I went in pursuit, and caught sight of them in Kings-land-road, near the Black Horse public-house—they had not got the blind then, but they saw me, and ran off to the Land of Promise—I went into a house, and took them—the blind was afterwards found in the field.
JURY. Q. Are you able to swear that Spencer was in possession of the blind? A. To the best of my belief, he was—I have no doubt, but would not swear to it.
Shaw's Defence. I ran into the yard, fearing we had broken a window, the woman said, "Run," and we did, but the policeman frightened her; she does not like to speak the truth.
NOT GUILTY .
GEORGE KEMP (police-constable N 82.) On Sunday evening, the 3rd of May, at half-past eight o'clock, 1 was in Shepherdess-fields, and saw the prisoner and another—I watched them half-an-hour—I saw them try several pockets, and then the other man took this handkerchief, and gave it to the prisoner—I took the prisoner, with it in his hand—a mob got; round—I lost the other man, and the gentleman too—I do not know his name—I found two other handkerchiefs on the prisoner.
Prisoner's Defence. I saw a young man pick a gentleman's pocket, and went to take hold of him; I missed him, he threw this behind him, and I caught it.
GUILTY .† Aged 21.— Transported for Ten Years.
EDWARD AUSTIN . I live with my brother, Peter Austin—he keeps the shop. On the 12th of May, about half-past nine o'clock, an alarm was given—I ran out and this cheese was afterwards produced—I believe it is my brother's—the prisoner was afterwards brought in—the cheese was in the window not a minute before.
Cross-examined by MR. PAYNE. Q. In an open window? A. Yes.
RICHARD CLARKE . I am a herald-painter, and live next door to Austin. I was inside my door, and saw the prisoner run off the curb, across the road, with the cheese in his handkerchief—I collared him—he dropped the cheese at my feet, and ran—I pursued about fifty yards—he fell—I held him till a policeman came up, and took him into custody.
Cross-examined. Q. Where did you see him come from? A. I saw him step off from Austin's side of the way, cross from the pavement to the opposite side, and there I collared him—there was no one running but him that I perceived—I have never seen him before—he rolled about as if he was drunk—he was not more than two yards before me all the time.
GUILTY .* Aged 30.— Transported for Seven Years.
MARY WILLSON . I am the wife of George Willson, a baker, in Judd-street West, New-road. On the 12th of May I left my shop about four o'clock, and went to look after the tea—there was a looking-glass safe on a chest of drawers in the shop when I went down—I was down about three minutes—when I came back it was gone—the prisoner was brought back soon after with it—this is my glass—(looking at it.)
Prisoner. It was marked at the station-house. Witness. I put my name at the back at the station-house, but the private mark was made before it was lost.
Prisoner. Q. Did you see me going out with it? A. I did—you went about thirty or forty yards.
Prisoner. He said in his depositions I was three hundred yards. Witness. When I caught you that was—I had to ask the little girl in the shop whether one was missed or not before I went after you, because I did not know whether you might be a customer come to fetch it.
EVERARD PARKIN . I am a policeman. I was called to take the prisoner into custody—he said he had bought the glass, and paid 8s. 6d. for it—he begged very hard of Mrs. Willson to let him go, as he had a large family in great distress.
Prisoner's Defence. I was hawking pictures; a man came up, who I had purchased glass of before; I gave him 6s. 6d. for this, and came along; the witness saw me, ran after me about three hundred yards, and took me back.
GUILTY . Aged 32.— Confined Three Months.
MART MOTT . I keep a brothel. About half-past four o'clock, on the 10th of May, the prisoner came to our house with a gentleman—I showed her into a room—they were there about five minutes—the gentleman went out, and left her there—when she came, about three minutes afterwards, the servant came to me, and asked if I had taken a pillow—I went after the prisoner, and found the constable had got her and the pillow—this is the pillow—(looking at it)—it is my husband's, John Mott.
Prisoner. I was drunk. Witness. I did not perceive it.
the prisoner, and told her if she would give if it me I would let her go—she would not give it me—the policeman came and took her—she did not seem the worse for liquor.
GUILTY . Aged 28.— Confined Three Months.
THOMAS GOULDING . I am a labourer. I was at Bromley, about half-past five o'clock in the morning, on the 5th of May—I saw the prisoner smash these pots between some bricks, and put them into his pocket—the policemen took him.
Prisoner's Defence. I picked them up in a hole in the brick-field.
GUILTY . Aged 25.— Confined Three Months.
WILLIAM GARRATT . I keep the Crooked Billet, on Tower-hill—I received information on the 11th of May, and watched the prisoner put of my house—I followed him down King-street, and took this pot from his pocket—I had served him with half-a-pint of beer.
JOHN RING . I was at the prosecutor's house—the prisoner sat on my right hand—I looked round, and the pot I had been drinking out of was gone—the prisoner said, "The woman has taken it, and put it up there"—I said, "That is all right," but I thought I saw him put it into his pocket.
Prisoner's Defence. I cannot account how they came info my possession; I was stupidly drunk at the time.
GUILTY . Aged 40.— Confined Three Months.
REBECCA BILTCLIFT . I am the wife of Joseph Biltclift—he left me six years ago—I have not heard of him since—I live in Mason's-place, Goswell-road. On the 1st of May I left my home to go to work—I was brought home about half-past eleven o'clock and found one of my blankets' was gone—I could not swear to the blanket—it was given to me by St. Luke's parish.
JOHN BILTCLIFT . I am the prosecutrix's son. I went out, and when I came back I saw the prisoner coming out of the passage, with something under her cloak—I asked her what she wanted—she said a person named Simpson, at No. 1—I said it was lower down—she then ran off—I went up stairs, and missed a blanket—I ran after her and took it from her—she said, "Don't say any thing"—I believe this blanket to be my mother's.
Prisoner. My son paid 6s. to the prosecutrix for the blanket.
(The prisoner received a good character.)
GUILTY . Aged 50.— Confined Three Months.
1487. JOHN PAGE and JAMES WRIGHT were indicted for stealing, on the 20th of December, twenty yards of cotton cloth, called mole-skin, value 2l.; 6 gowns, value 8l. 10s.; 1 counterpane, value 4s.; 4 bed-curtains, value 1l.; 8 yards of printed cotton, value 4s.; 3 shawls, value 3l.; 1 pair of scissors, value 5s.; and 4 yards of woollen cloth, value 12s.; the goods of Emma Hayes.
EMMA HAYES . I am a widow, and lodge with my brother-in-law, Mr. Peate, in Ratcliff-highway. The prisoner assisted to take my things there—I had the misfortune to lose a part of my family, and could not attend to my things immediately—when I afterwards examined my trunk I missed the property stated, and found in my box a piece of a file—this moleskin, and this cloth are mine—(examining them.)
JOSEPH PEATE . I keep a shoe-warehouse. The prosecutrix's boxes were in my house, and the prisoners were in my employ—after these things being lost I gave them into custody when they came again—I found this file in a bin in my warehouse, with a small piece broken off it, and the bit found in the prosecutrix's box exactly matched it.
RICHARD HANNANT . I am a tailor, and live on Stepney-green. On a Monday, in the beginning of April, the prisoners came to me, and said they had left their master, and were going into the country—they bad three duplicates they wanted to part with to get some money—I had no money then—they came again at the end of the week, and I bought the duplicates of them—they led me to where I found the moleskin and cloth, in different places, in pawn.
Wright. There was a bricklayer at work there.
MRS. HAYES re-examined. These things were safe after the bricklayer left.
PAGE— GUILTY . Aged 23.
WRIGHT— GUILTY . Aged 22.
Confined Six Months.
JOHN UPSALL . I am a pawnbroker, and live in Ratcliff-highway. On the 2nd of May, about eleven o'clock, the prisoner was brought to my shop, with this handkerchief, which had been hanging at my door a few seconds before.
JOHN STAPLETON . I live in Mary-street, Stepney. On Saturday night, the 2nd of May, I was crossing to Mr. Upsall's door, and saw the prisoner have hold of this handkerchief—I took him with it—he had got part of it under his jacket.
Prisoner. It was chucked down by two boys.
GUILTY .* Aged 19.— Confined Six Months.
the prisoner and two others came to the shop—after they we're gone I missed my bonnet—this is it.
GUILTY .* Aged 46.— Confined Six Months.
HANNAH CARLING . I live in Carlile-place, Portman-market. I was parried to the prisoner on the 5th of April last, in the Holy Trinity Church, at Hull, in Yorkshire—he represented himself as a single man—I knew him here in London as a policeman—I had been living in London, and we went down to Hull to be married—my friends live a little way from Hall—we came to London on the 26th or 27th of April—he left me in Carlileplace on the evening of the 27th of April, and I did not see him again till he was taken on the 28th—I had no money—here is the certificate of my marriage.
Cross-examined by MR. FRAZER. Q. Do you know the prisoner's, brothers? A. Yes—the prisoner represented himself as single—I am not aware that be believed himself to be single—he was not unkind to me—I have given money to the solicitor for a counsel for him.
COURT. Q. Who is the prosecutrix? A. I am—I had property of the prisoners, and I made money of his clothes.
THOMAS FORSTER . I keep a general shop, at West Potter-gate, Norwich, I have known the prisoner fifteen or sixteen years—I was present at his marriage, nearly fourteen years ago, at Lakenham Church, Norwich, to Mary Robins, who is in Court now—I produce a certificate of the marriage from the clergyman of the parish.
Cross-examined. Q. Are you aware whether the prisoner believed that he was single? A. I cannot say—I only knew his first wife by the name of Mary Robins.
EDWARD KELL (police-constable A 103.) On the 28th of April the prisoner was given into my custody, by both his wives, in the parish of Marylebone—he said he hoped they would make it up between them" and settle it.
GUILTY . Aged 31.— Confined Six Months.
NOT GUILTY .
1492. GEORGE DOUGLASS was indicted for stealing, on the 8th of May, 2 razor-strops and cases, value 11s., the goods of Eliza Drury; and WILLIAM JOHNSON , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
JOHN M'DOUGALL . I am in the service of Eliza Drury, a hair-dresser, in Southampton-row, Bloomsbury. On the 8th of May, about half-past nine o'clock Douglass came in and asked for a half penny worth of hair pins—he was not in the shop a minute—I had had two razor-strops there, and missed them in about three minutes—I had not seen Johnson at alt—I ran out into Great Ormond-street—I there caught sight of Douglass again, and Johnson was in his company—I followed and watched them, and gave
information to the policeman, who took them as they were looking into a silversmith's shop in Lamb's Conduit-street—these two strops were found on Johnson, and are what had been on our counter.
DOUGLASS— GUILTY . Aged 16.— Confined Three Months.
JOHNSON†— GUILTY . Aged 19— Transported for Seven Years.
THOMAS FRANCIS . I am shopman to Mr. William Wood, of Wood-street on the 12th of May, about twenty minutes past eight o'clock in the evening the prisoner came in with another woman, who asked the price of some shoes in the window—I told her, and she said, had we not some lower—I said, "No"—they left, and I missed a pair of boots—I ran out and caught the prisoner about two yards from the door, and she dropped these boots from under her shawl.
GUILTY .* Aged 19.— Confined Six Months.
CATHERINE MADDEN . I live in Lumber-court, and am a widow—I keep a lodging-house. The two prisoners came on the 13th of May to ask for a lodging—I said I could not let it them till the afternoon, and they must bring me a reference,—they sat down for some time and said they would bring me a reference—as they were going out they took my gown, which was hanging on the door—I called my son, who went after them.
(Susan Man ton received a good character.)
S. MANTON— GUILTY . Aged 17.— Confined Eight Days.
M. MANTON— GUILTY. Aged 16.— Judgment respited.
HENRY EDWARD DAWSON . I am a shoemaker, and live in King-street.—the prisoner was in my employ. On the 7th of May I went to Mr. White's and found these three lasts which are mine—I had not sold them, or authorised him to take them.
GUILTY . Age 18.— Confined Six Months.
JOHN M'LLELE . I am footman to a lady in Wimpole-street, I was going along Lisson-grove on the 10th of May—I stopped to bear a man delivering lectures on temperance—I felt something tug at my pocket—I turned and collared the prisoner with my handkerchief in his hand—this is it—(examining one)—it had been in my pocket.
SAMUEL BARNARD . I was in Lisson-grove, listening to the lecture—I felt my pocket tugged—I looked round and saw the prisoner standing behind me—in two or three minutes I felt my elbow touched, and I saw the prisoner with a handkerchief in his hand, winding it up—the prosecutor turned and claimed it.
Prisoner. It was thrown down at my feet by a man, who took it.
GUILTY .* Aged 17.— Transported for Ten Years.
1497. WILLIAM BAKER was indicted for stealing, on the 12th of August, 1 watch, value 21l.; 1 watch-chain, value 5s.; two seals, value 10s.; 1 watch-key, value 1s.; and 1 handkerchief, value 6d.; the goods of John Roden.
JOHN RODEN . The prisoner lodged with me—I went with him to the Plough and Harrow, on the 12th of August—I was half groggy—he said to me, "Let me take your watch and put it in the bar"—I foolishly said, "Agreed," and I gave it him—I then went to sleep—I afterwards went to the bar—my watch was gone, and the prisoner also—I never authorized him to pawn it, or do any thing with it.
MART ANN ANSELL . My father keeps the Plough and Harrow public-house at Stepney. The prosecutor and the prisoner were there—the prisoner gave me a watch to mind—I had it about five minutes—he came to me for it again, and said he would mind it himself—he went out, and I never saw him till he was taken the other day.
GUILTY . Aged 31.— Confined Six Months.
MART GRADY . I am the wife of Patrick Grady, a tailor, in Blue-gate-fields—the prisoner lodged with us about two months. On the 29th of February I went up to his room to call my little boy—my husband's boots were there then, and the prisoner also—I went out for about three quarters of an hour, and when I returned the prisoner and the boots were gone—these are them.
Prisoner's Defence. I met the woman, she said her husband was in distress for his boots; I said I would give her the money and the duplicate, and I slipped the duplicate into her hand.
the prisoner's former conviction, which I got at Mr. Clark's office—(read)—the prisoner is the person.
GUILTY .* Aged 34.— Transported for Seven Years.
(There was another indictment against the prisoner.)
NOT GUILTY .
First Jury, Before Mr. Sergeant Arabin.
1500. HENRY WILTON was indicted for feloniously assaulting James Dixon, on the 13th of May, putting him in fear, and taking from hi" person, and against his will, 1 watch, value 8l.; 1 watch-chain, value 8.; and 1 watch-key, value 1s.; his goods.
JAMES DIXON . I am a sailor, and belonged to the Phenix. On the 13th of May I was at a public-house near the Tower—I met the prisoner and another soldier there named Davis—Davis was in the public-house before me, and the prisoner came in after me—I had not known either of them before—we sat down and drank together—we remained there about half an hour—I had a watch, a chain, and a key in my waistcoat pocket, and a guard round my neck—I was perfectly sober—while I was there I took out my watch to see the time—we left the public-house together, and Davis made some observation, and said, "We will go into the Tower," and we went in—Davis said he could show me the battlements, and he could show me the crown, but it was too late—we went into the Chain tavern in the Tower, and were there half-an-hour—the prisoner and I then, came out, and left Davis there—I told the prisoner I wished to go home—he said I should not, I should go in again—I said I would not—he pulled me by the arm, and said I must, and as he pulled me by the arm, he pulled my watch out of my pocket—he took it by force, pulled it, and broke it off by the swivel, and ran off—I ran after him—he ran up a stair-case, and it was so dark I could not see him—I went to the sergeant—we went to the canteen, and found the prisoner—I have no doubt that he is the man—he said, "Was it me?" and said he had not seen me, or something to that effect—I said, "Yes, it was you"—I was not then perfectly sober, but knew what I was about quite well—I went home, leaving the prisoner at the door of the public-house—I went next morning to the sergeant-major, and told him about it—I swear the prisoner is the person—I do not recollect that 1 ever told any body that he was not the man.
Cross-examined by MR. BALLANTINE. Q. Where do you come from? A. The North of Scotland—I came here about three weeks ago—my watch was a silver hunter—I have never seen it since—I had not been in any public-house before I met with the prisoners, and had had nothing to drink—I had half-and-half to drink—I had a pint myself first, and then we had a pot or two; I believe we had two or three pots—there were no other soldiers there—when we went to the other public-house we had a pot between us three, I think that was all—I will not swear we had cot more—it was about twenty minutes after my watch was taken that I saw the prisoner at the Canteen—it was about nine o'clock at night—I had never seen him before I drank with him—I cannot be mistaken about this affair—I have never been mistaken about the man who did it—I never charged another man—I never said that Davies did it—he was charged with having a hand in it.
COURT. Q. When you first saw the prisoner in the public-house, how was he dressed? A. He had his regimentals and his side-belt, and when I saw him again he had a white jacket on, and a leather cap.
JANE HAWKINS . My husband is a soldier in the 2nd battalion of Scotch Fusileer Guards, on duty at the Tower—the prisoner belongs to that regiment, and lives up the same passage that I do in the Tower. On the evening of the 13th of May I saw the prisoner run up stairs—he had his regimentals and a foraging-cap on—the gentleman who lost his watch was running after him—he fell down, and then went away—the prisoner came down soon afterwards with a white jacket, and a small leather cap on.
Cross-examined. Q. Do you know where he changed his dress? A. No—I do not know his room—I knew him very well by sight, but I did not know his name.
SAMUEL COX . I belong to the same regiment. On the 13th of May the prisoner came into the room where I was, about nine o'clock at night—he came in in regimentals, and seemed to be out of breath—he remained in the room about five minutes—he pulled off his side-belt and his red jacket, and put on a white jacket and a cap—it was not his own dress—he then went down stairs—he went into hs own room, and I saw no more of him.
Cross-examined. Q. Did you see him do any thing with the watch? A. No—he did not seem to be drunk.
RICHARD SMITH . I am a sergeant of the 3rd Regiment of Guards, and was doing duty with the company to which the prisoner belongs. On the 13th of May the prosecutor told me he had lost a watch, and Mrs. Hawkins told me what she had seen—I took the prisoner into custody—he denied having seen the prosecutor, or being in his company—the prosecutor said, in his presence, that it was him—the prisoner said, "Me! I have not seen you before, nor been in your company"—he told me the next morning that he had been in his company.
Cross-examined. Q. How long has he been in the regiment? A. I cannot say—he has not borne a very good character.
MURDOCH M'KAY . I was sentry at the public-house. I saw the prisoner and the prosecutor come out—the prosecutor seemed to be the worse for liquor—the prisoner took him into the water-closet, and I heard the prisoner say he would loosen something about him, but I cannot say what it was, and the prosecutor would not allow it—they then came out of the water-closet—the prisoner wanted the prosecutor to go into the public-house again, but he wanted to go home—the prisoner took him towards the public-house, and they stood at the door some time—I then saw the prisoner run through the archway, and the prosecutor after him—they ran towards the barracks—the prosecutor afterwards came back and said his watch was stolen—I advised him to go to the public-house.
Prisoner. The prosecutor was brought into the canteen, to see if I was the man, and he said, "No"—here are two men here who know it.
Witnesses for the Defence.
JOHN LAY . I am a private in the Scotch Fusileer Guards. I was in company with the prosecutor at the Ship and Sailor public-house, in Rosemary-lane, about half-past three o'clock in the afternoon, on Wednesday, the 13th of May—I was in their company when they were drinking—I was there when the prosecutor and the prisoner went out—I remained behind—I saw the prisoner again in about twenty minutes—he came to a public-house in the Tower—he was then dressed in a white jacket—the prosecutor
came there in about twenty-five minutes—he asked me if I was not drinking with him—I said I was—he said he had lost a watch—the prisoner said to him, "Am I the man?"—he said, "No"—there were several persons in the room, and one of them is here who heard it—I remained there a little longer, and was called out by the serjeant-major, who told us to go home and go to bed—he told the prosecutor to go home, and if there was any thing wrong to come in the morning.
COURT. Q. Then they were drinking together, were they? A. Yes—I did not think it odd that the prisoner should say to him, "Am I the man"—I might as well have asked it, as I was drinking with them—I cannot say whether the prosecutor lost a watch at all—I did not rob him—there were five or six soldiers and five or six girls drinking in the first public-house—it is generally the case, when we go into barracks in the evening, to put off our red jacket, and put on a white one.
WILLIAM MARCHANT . I was in the public-house that evening, when the prosecutor came and said he had lost his watch—he asked Lay and Wilton if they had not been drinking with him—Wilton asked if he was the man that robbed him, and he said, "No."
GUILTY . Aged 22.— Transported for Ten Years.
WILLLIAM MATTHEWS . I am the son of Eliza Matthews, she keeps a slaughter-house in Neale's-yard, St. Giles. On the 7th of May she lost from there 201bs. weight of beef, which was the cuttings from three sides of beef, and one kidney-piece and some suet—I saw the beef again the same day, and knew it—I do not know the prisoner.
Prisoner. You said it was not yours. Witness. It belonged to a person we kill for, but my mother was answerable for it—I know it by a mark on it.
RICHARD ETHERIDGE (police-constable E 163.) I saw the prisoner in Laurence-lane, at half-past three o'clock that morning, with a basket with something heavy—I asked what he bad got—he said, "Bones and rags"—he then put it down, and said he would not tell a lie, it was beef which he had found in the City, and begged I would look over it, as we were all obliged to get a living how we could.
Prisoner's Defence. I picked it up, and was going to have some for my breakfast.
GUILTY .* Aged 18.— Confined Three Months.
1502. JAMES WARDLE, JOHN GIBBON , and JOHN CEVILL , were indicted for stealing, on the 15th of April, 5 writing-desks, value 20s.; 5 work-boxes, value 15s., and two bags, value 6d.; the goods of Pierre Jacobson.
(The prosecutor did not appear.)
NOT GUILTY .
NOT GUILTY .
OLD COURT.—Monday, May 18th, 1840.
Fourth Jury, Before Mr. Common Sergeant.
NOT GUILTY .
NEW COURT.—Monday, May 18th, 1840.
Fifth Jury, Before Mr. Sergeant Arabin.
1505. JOSEPH KINSLEY and JANE KINSLEY were indicted for feloniously receiving, on the 19th of April, of a certain evil-disposed person, 15 knives, value 12s.; and 15 forks, value 12s.; the goods of Philip Spencer Harrison, which had been lately before stolen; to which Joseph Kinsley pleaded
GUILTY .— Confined One Month.—House of Correction, without Labour.
(No evidence was offered against Jane Kinsley.)
JANE KINSLEY— NOT GUILTY .
Before Mr. Common Sergeant.
MR. RYLAND to the Prosecution.
THOMAS BONE . I am a green-grocer, and live in High-street, Row. About two months ago I purchased three or four chaldrons of cinders and ashes mixed together, and placed them at the back of some stables, against the mills, in Marsh-gate-lane, Stratford—I missed some little lots in about three weeks—on the 14th of April, a little after six o'clock in the morning, I missed two loads, worth 10s., and found some strewed all about—then was no other heap, of that same sort of dust, in the neighbourhood, to my knowledge—I have often seen the prisoner about, and I have seen him at the place where the officer found him—he was in the habit of carting greens, and lately I have seen him carting dust, with a blind horse—I had seen the heap safe about a quarter-past eight o'clock on the Monday night—I never gave him authority to go to my place and take ashes.
JOSEPH FERGUSON . I am a labourer, and live in Marsh-gate-lane, Stratford. On Tuesday, the 14th of April, I was up at half-past five o'clock in the morning, and saw the prisoner with a cart-load of ashes and dust together—he was going up from the lane into the high road—the lane leads from where the prosecutor's dust was—the cart was about 100 yards from Bone's heap when I saw it.
Cross-examined by MR. BALLANTINE. Q. Was Roach with the cart? A. No, only the prisoner.
GEORGE ROACH . I keep an eating-house, in West-street, Stratford, opposite Marsh-gate-lane; my window is directly opposite the lane. On Tuesday morning, the 14th of April, I was up about three o'clock, and before five I saw two carts go up the lane, towards Bone's heap, empty—I has suspicion, and waited—I saw them come back, in about twenty minutes or half an hour, quite loaded, and the men leading their horses very carefully, a man with each cart, and both horses were blind—I could not recognize the men.
JOHN PARKER (police-constable K 320.) On Tuesday morning, the 14th of April, Bone gave me information, and I went to the prisoner's house about twelve o'clock—he was not at home—I waited till about one—he
then came in—I asked him if he had been getting any dust that morning—he said, "Yes"—I asked where he got it from—he said, "Where it was to be picked up, at Bromley"—I asked if he had been to Stratford—he said, "No," and afterwards said, "Yes"—I took him into custody—I do not know whether I named Bone's heap to him—Bone was with me—some dust was found at the prisoner's house—it was shown to Mr. Bone—there was a quantity of cinder-ash dust outside his house, strewed about, partly sifted.
Cross-examined. Q. How much was there? A. About two cart-loads—I will swear there was one cart-load.
THOMAS BONE re-examined. I examined the cinder-ash dust which the policeman showed me—I believe it came from my place—I picked up some little ferules of copper wire from it, from which 1 believe it was my dust.
Cross-examined. Q. Where did you get the ashes from? A. Mr. Hancock's steam-engine manufactory—it was the first I had had from there.
NOT GUILTY .
WILLIAM ELDRIDGE . I am shopman to William Joseph Beaumont, of Layton, in Essex. On the 11th of April, about nine o'clock, the prisoner came to buy a halfpenny-worth of sweetmeat—I served him, and shortly after he was gone I found two pairs of trowsers lying on the floor—I looked at the bill which had come with them two days before, and found two pairs were missing—I told the policeman, and went with him to the Crown public-house, at Laytonstone—the trowsers were found in the room where, the prisoner had been dancing, within an hour of ray losing them—I had seen them safe that evening.
THOMAS CALP . I am a policeman. I went to the Crown public-house—the prisoner was brought out to me by another policeman—I found the property in a corner of a seat in the tap-room—every body there said it did not belong to them—I brought the prisoner, with the property, to the prosecutor, and he claimed it—the prisoner had been, dancing in the room—when I found them, he said he was sorry for taking them.
Prisoner's Defence. I went to buy the sweet stuff, and coming out of the door, picked the trowsers up.
GUILTY . Aged 13.— Transported for Seven Years.—Isle of Wight.
Before Mr. Sergeant Arabin.
GEORGE CHITTOCK . I am a farmer, at Walthamstow. The prisoner was my carter—I gave, him money to fetch a load of wash—I did not said him to receive money—I gave him, on the 13th of August, 18s., to pay for wash, to Mr. Carman—he returned, and did not tell me any thing—he gave me no account of what he had dome—in October he told me the wash, was raised 1s. a load—on the 23rd of April I went to the distillers, at Bromley, and found it was not right.
JAMES CARMAN . I am clerk, at Currey's distillery, at Bromley. Mr. Chittock bought wash of us—on the 13th of August the prisoner came and had wash, for which I charged him 9s., he gave me a half-sovereign, and I gave him a shilling out—on the 31st of August he gave me 4s. 6d. and no more—he brought a half-sovereign, and I gave him 5s. 6d. out—on the 24th of September I again gave him 5s. 6d. out of a half-sovereign.
GEORGE CHITTOCK re-examined. on the 13th of August I gave him a half-sovereign—he did not return roe any thing—on the 31st of August I gave him a half-sovereign—he did not return me any change—on the 24th of September I gave him a half-sovereign—I did not return me any thing—it was his duty to return me the change for the wash—I found this out on the 23rd of April—he stated the first time that the wash was 10s., and so I gave him that amount always—i did not know it was ever less.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Twelve Months.
GEORGE SIMMONS . I am an innkeeper, living at Marking, in Essex. I lost some pocket-handkerchiefs on the 22nd of April from a hedge on my premises, about fifty yards from my dwelling, where they had hung to dry—I had seen them safe two minutes before—I left the yard, and turned my back another way—I do not know the prisoner.
DANIEL RUSH . I work for Mr. Nelson, and live at Barking, The prisoner was near the hedge—'I saw him walk towards Mr. Simmons' house, and in a short time he returned—my fellow-servant told me he thought he had done something—he was running—I pursued, and took him to the prosecutor—he had some handkerchiefs, and gave them to my fellow-servant—I cannot say whether he took them from his pocket—he had got thirty or forty rods—these are the handkerchiefs.
ROBERT BACKHOUSE (police-sergeant K 37.) I took the prisoner—the prosecutor produced the handkerchiefs to me, and said that the prisoner had been brought to him with them—the prisoner said there was another boy with him, who gave him his cap to go and steal the handkerchiefs, that he then ran away, and left the handkerchiefs with him, and made his escape.
GUILTY . Aged 17.— Confined Three Months.
MR. PAYNE conducted the' Prosecution.
MARTHA WADE . I am a widow, and keep the White Horse public-house at East Ham. on Wednesday, the 22nd of April, I was near my bar—in consequence of something I went to my tap room in a few minutes and saw this bowl between the two prisoners—it had been kept in the back of my till in the bar—there was 5s. in it at the time I left it—this is the bowl—I sent for an officer.
Cross-examined by MR. JONES Q. How long before bad you seen it any where else? A. Not twenty minutes before—I had looked into it and taken some silver out—I swear I left some money' in it—I left some sixpences, but there was other money put in after—I saw three or four sixpences in it—my three daughters assist me in my business—they have all access to the bar at times, but had not that evening they were at home—they might have gone to the bar if they pleased.
MARTHA WADE , Jun. I am the prosecutrix's daughter. It was my duty to serve the customers during my mother's absence—I was in the parlour and I heard the till-drawer shut—I went to the window, drew back the curtain, and saw Morriss quitting the bar—I had seen the till-drawer shut about ten minutes before—there were two bowls in the drawer when I left, one containing about 5s. in silver, one half-crown, two shillings, and two sixpences—the bowl that was produced before the Justice was the one that had the silver in it.
Cross-examined. Q. Were both bowls alike? A. One was larger than the other—I knew Morriss before—I am sure I saw him quitting the bar—his back was to me—I swear it was him—he had light clothes on—he had been to me for beer in the course of that day—no one else was in the bar—about twenty minutes after he left I missed the bowl—I did not go into the bar at once—I served him with beer between the time of my seeing him leave the bar and my missing the bowl—he remained in the house all the time till I missed the bowl.
CHARLES COLLINS (police-constable K 30.) I was called in by Mrs. Wade—I went into the tap-room, and found a bowl on the seat between the two prisoners—it was nearest to Morriss—I told them I wanted them both—I took Morriss, but Lucy resisted and got away—I took him afterwards—this is the bowl.
Cross-examined. Q. Lucy resisted, and got away? A. Yes, very much.
WILLIAM JAMES ADAMS (police-constable E 53.) I assisted in taking Morriss—I found on him 8s. 4 1/2 d.—there was one half-crown and one shilling in his fob, and one half-crown, one shilling, and two sixpences in his breeches pocket.
MORRISS**— GUILTY . Aged 23.— Transported for Seven Years.
LUCY— NOT GUILTY .
JOSEPH MILTON . I am foreman to Richard Evans and another, market-gardeners at Wall-end, East Ham. On the 26th of March, between eight and nine o'clock in the evening, I was going to Wall-end, and saw the watchman, who is the prisoner, coming up my master's yard—I advanced towards him, and he dropped something—I went up to him, and said, "Duffy, to-morrow being a busy day, come and make three-quarters of a day"—he said, "Very well"—he then said he had got a load of dung, if he brought it, would the master buy it"—I said, "Before you go on with that, what did you drop?"—he made no answer—I advanced and found it was a sack containing these cabbage-plants—they were in my master's sack, and I have no doubt that the plants were my master's—he used to work for half a day, or three-quarters of a day, and watch at night, which made his wages about 17s. a week—I went to Mr. Waldon, one of the masters, and told him—he came out and questioned the prisoner about what he had got in the sack—he said he merely wanted a mess, and he hoped he would forgive him, it being the first time—I told Mr. Evans, and the prisoner was taken.
Cross-examined by MR. DOANE. Q. How long have you known him? A. He had been about twelve years in my master's service—I have a
mark on the sack—here is the mark—I am a foreman, and I can swear to it—the prisoner was never in trouble before, to my knowledge, and he was anxious to get work to do—he has a wife and two or three children.
GUILTY. Aged 50.—Recommended to mercy by the Jury.
Confined Six Weeks.
Before Mr. Common Sergeant.
CATHERINE JANE STOCKWELL . I keep the Sugar Loaf public-house, at Greenwich. On Wednesday evening, the 23rd of April, I had five knives and six forks safe in the kitchen—I missed them on Friday—these are them—(produced)—some have the name of Watts on the handle—I swear they are mine—I served the prisoner on Thursday afternoon with some spirits.
THOMAS WILCOCKS . I am a furniture-broker, and live at Deptford. On the evening of the 23rd of April, the prisoner offered me these knives and forks for sale—I examined them, and asked if they were her own—she said yes—I asked her name, which she told her and, finding a different name on the handle, I said I could not buy them, she must send her husband—he said he might not be home for an hour or two—she wished to take them away—I said, no, I must detain them, as I thought she had stolen them—I called in a policeman, and gave her in charge.
Prisoner. I beg for mercy.
GUILTY. Aged 40.—Recommended to mercy. — Confined Three Months.
ROBERT WILLIAM REEVES . I am a shoemaker, and live with my father, at Greenwich. On the 1st of May, about half-past eight o'clock in the evening, I went into the shop, and saw the prisoner Frederick standing by the beer-shop gate, next door but one, and Payne walking by the window—I went into the back-room, and returned in about three minutes—I saw a pair of boots dragged away from over the door—I ran out and saw two lads, answering the description of the two I had seen standing about, run out of a little court by the next house, and cross the road—I ran after them, hallooing "Stop thief"—I followed them some distance, but they got away—the prisoners are the two I saw standing by the window a few minutes before, but I did not see who took the boots.
Cross-examined by MR. BALLANTINE. Q. I believe you had a capital view of their backs? A. Yes.
NOT GUILTY .
GUILTY .* Aged 14.— Transported for Seven Years.
SOPHIA RAND . I am the wife of Richard John Rand, and live at Greenwich. I lost a basket on the 21st of April—the policeman brought it to me with the prisoner about half-past eight o'clock in the morning—it is mine—(looking at it)—
Prisoner. It is my own; I had been to the fair with matches and laces in it. Witness. I know it to be mine, because my daughter caught her with it, I would not have sworn to it without—I know I had such a basket—it came from Boulogne seven months ago.
LYDIA RAND . I am ten years old. I was in the front-parlour, and heard somebody go into the back-kitchen—I asked who was there—nobody answered—when they came out I got up to look who it was, and saw the prisoner in the passage—she had our basket half under her apron, and half out—I asked what business she had with it—she said it was hers—I said it was my mother's, and called her down stairs.
GEORGE SOLE . I am a policeman. As I passed I heard the child say, "Mother, a woman has stolen our basket"—I saw the prisoner come out of the house—she ran round towards the ship dock, and I took her into custody.
Prisoner's Defence. I sat down on the step of the door, not being able to get a lodging, and while I lay asleep, somebody came, cut my pocket open, and robbed me of 3s. 2 1/4 d., besides my laces and matches which I had in my basket.
GUILTY .* Aged 55.— Confined Four Months.
Before Mr. Sergeant Arabin.
1516. WILLIAM SMITH was indicted for stealing, on the 21st of April, 1 handkerchief, value 6d., the goods of John Bowers, from his person.—2nd COUNT, stating it to be the goods of a man whose name is unknow.
JAMES BROOK (police-constable L 118.) I was at Greenwich fair in plain clothes oh Tuesday evening, the 28th of April, between eight and nine o'clock, and saw the prisoner there following a gentleman—I kept my eye on him, and saw him take this handkerchief from the gentleman's left-hand coat pocket—he was making his way from the gentleman, and I laid hold of him—I spoke to the gentleman, and asked What he had lost—he said, "A blue handkerchief with white spots"—I showed it to him and he said it was his—he refused to come with me' to the station-house—he gave me his name "Bowers," not "John Bowers "—I do not know his name.
SAMUEL WRIGHT . I am a policeman. I' was in the fair in coloured clothes, and watched the prisoner a long time—I saw him try twelve gentlemen's pockets—he turned round and saw me—I saw Brook, and told him to follow him as he was picking pockets, and he went after him directly.
Prisoner's Defence. I had just come out of Richardson's show—he could not have seen me as he says—I picked up the handkerchief.
GUILTY . Aged 21. Confined Three Months.
MARGARET JOHNSON . I am a licensed hawker. I was at Woolwich on the 6th of May, at a coffee-shop, having some coffee—I had my property with me—it was in a bundle—I saw the prisoner there as a lodger—I spoke to her like another person—I left my property in the coffee-house—she said she had no breakfast—I said, "Well, I will pay for a cup of coffee for you"—I fell asleep on the table, and she took and robbed my bundle—I am sure it was all safe before—I had been asleep about an hour—she was close by me when I went asleep—when I awoke I missed four dresses and a shawl—she was then gone—no one could have taken them but her—I found three dresses in pawn at one place, and two at another—these are mine—(looking at them.)
(The prisoner, in a long and unconnected address, stated that the prosecutrix and her had been drinking the whole night at various public-houses, and after the prosecutrix had spent all her money, the sent her with the articles in question to pawn, to raise money for more liquor and gave her the duplicates to take care of, as the (the prosecutrix) was intoxicated.)
GUILTY . Aged 36.— Confined Twelve Months.
THOMAS RIX . I keep a draper's shop at Woolwich. On the 18th of April, the prisoner came, in company with another female and a soldier, to purchase some flowers, but she did not—in about five minutes I was informed that she had taken some handkerchiefs—I sent for a policeman, but he did not arrive in time, and as she was leaving the shop I asked her to give me the property she had stolen—she was on the step of the door—I pulled her shawl aside, and there were these articles—she begged forgiveness for the sake of her family—the others, had left the shop.
Cross-examined by MR. PHILLIPS. Q. Have you inquired about her since? A. Yes—she has nine children, and her husband has borne a good character in the army for twenty-nine years.
CHARLES BARKER . I was in the shop—the prisoner came in with another woman and a soldier—they looked at some flowers, and in about; five minutes I saw the prisoner stoop down—I looked over the counter, and saw the handkerchiefs on the floor—she put her right foot on them, and shortly afterwards stooped down again—I dropped a flower near the counter-flap, and on stooping to take it up, I saw the handkerchiefs were not on the floor then—I gave information to Mr. Rix.
(The prisoner received a good character.)
GUILTY. Aged 40.—Recommended to mercy. — Confined One Month.
Before Mr. Justice Coltman.
JOHN SULMAN . I am shopman to my brother, William Sulman, in Stock well-street, Greenwich. On the 13th of May, a few minutes after eight o'clock in the morning, I had occasion to take a pail from the shop into the yard—I left a little child about five years old standing at the shop-door—I returned in one or two minutes, and found the prisoner in the shop, standing close to the door—he asked if we had any split rings for sale—I showed him some—he purchased one for 2d., and went away without waiting to have it put in paper—I then looked, and missed several rings from a glass case near the window—I went out, and overtook him on the road to London, laid hold of him, and said he must come with me—he said, "What for?"—I said he would see what for—he then said he had got nothing, and knew nothing—I told him be must come with me—we were going towards my brother's shop—a neighbor saw me, and walked on the other side of him—we endeavoured to procure a policeman, but could not—I took him to a neighbour's shop, and waited a quarter of an hour, but could not get a policeman—we then intended to take him to my brother's shop, and on the road he attempted to escape—he said we had not got him yet, and tried to wrestle his arm out of my hand—we took him to my brother's shop with assistance, and told him to sit down on a chair, to wait till the policeman came—the chair was about two yards from where I had missed the rings—he sat down, put his right hand in his trowsers pocket, drew it out, and put both hands together—he then stretched out his left hand, and I saw him put these gold rings into a drawer—it was the drawer which I had previously taken the split ring out of which he bought—that drawer was between two and three yards from the one from which these were taken—I distinctly saw him do it, and instantly exclaimed, "I saw you put them down, there they are"—at that moment the policeman came into the shop, and I gave him into custody—I believe my sister gave the policeman the rings, but I am not certain—I believe the rings he has to be the same—when the prisoner put them down, some were strung on a piece of paper, and some were loose—I know them by the pattern to be what were missing, but I could not closely examine them—the drawer laid on the counter at the time he put them in—I did not take them in my hand, but by looking at them in the drawer, I could be certain they were our rings—I know one by the pattern of it, and I observed that, before they were moved from the drawer to be given to the policeman—I find that one here, it has a black rim round it—I had seen the rings the night before, when I closed the shop.
Cross-examined by MR. PAYNE. Q. Do you mean that you could single this particular ring out from the rest? A. Yes—the rings had been in a tray in a glass case on the counter—the glass cage was not fastened—I overtook the prisoner four or five hundred yards from our house—there were several young men in the shop I took him into—we made no search of him there—my sister, the little boy five years old, and my neighbour who assisted me in bringing the prisoner back, and the policeman, were in the shop at the time he took the rings out of his pocket—my sister is not here, having been lately confined—I swear I distinctly saw the prisoner put his hand into his pocket, take out the rings, and put them in the drawer—I had looked into that drawer before I went out, and also in the drawer they were taken out of.
Cross-examined. Q. Did you find any thing on the prisoner? A. A silver watch, 9s. 6d. in silver, and 3 1/4 d.—I asked what he was doing there—he said he had came down to find Mr. Miney, a silk batter, for the purpose of getting work—he said he had worked for Mr. Brissey, a hatter.
NOT GUILTY .
Before Mr. Sergeant Arabin.
1520. JAMES MACKEY was indicted for stealing, on the 5th of May, 1 oz. weight of tobacco, value 4d., 2 sixpences, and 20 pence, and 40 halfpence; the property of Charles Dickinson, his master; to which he pleaded
GUILTY . Aged 14.— Whipped and Discharged.
JAMES IRVINE REA . I am a servant out of place. On the 20th of April I was at Greenwich-fair—I had a pocket-handkerchief and a pair of gloves in the same pocket—I did not feel them taken—the officer who had the prisoner in custody asked if I had missed any thing—I felt in my pocket, and the gloves and handkerchief were gone—I saw a glove in the officer's hand—I know they were safe before—I had not been in Greenwich more than ten minutes.
SAMUEL WRIGHT (police-constable P 172.) I was on duty in plain clothes—I watched the prisoner some time, and saw him lifting the pockets of several people—he went behind the prosecutor, and took out a white handkerchief and a pair of gloves—I seized him—he dropped the handkerchief and one glove—I called the prosecutor—the other glove was lost in the crowd—he begged for mercy, and said he did it through distress—he had nothing on him.
Prisoner. I was out of employ and unable to get work; I was very hungry, and had nothing to eat the whole day; I saw the handkerchief hanging out of his pocket, and certainly did take it.
GUILTY . Aged 20.— Confined Three Months.
BENJAMIN CROSBY . I went to Greenwich-fair on the 22nd of April, About eight o'clock in the evening I was opposite one of the booths—I had my breast-pins in my stock—I did not feel them taken, and did not miss them till I was told of it—I had observed the prisoner behind me for some time—I am not aware that he pressed against me—I had two pins, a pearl and an opal, connected with a chain—they have not been found.
Cross-examined by MR. PAYNE. Q. You did not know any thing about it till the officer tapped you on the shoulder? A. No, there was a great crowd.
HENRY TIPSTAFF (police-constable E 156.) I was at the fair in plain clothes, and saw the prisoner behind the prosecutor—he put his hand to the prosecutor's stock, took out one pin and left the other swinging—he then
put his hand the second time, and took that—there was a great crowd—I am certain he is the person who took them—there was another person with him—I informed the prosecutor directly—I was close beside him, and can swear that he is the person—I cannot conjecture what became of the pins.
(The prisoner received a good character.)
GUILTY. Aged 26.—Recommended to mercy by the jury. — Confined Three Months.
GUILTY . Aged 16.— Confined three months.
SAMUEL BUNNAN . I am a jeweller, and live in Exeter-place, Dover-road. On the 22nd of April I was at Greenwich-fair, about half-past six o'clock in the evening, I fancied I felt something at my pocket—I put my hand, and missed my handkerchief—I saw the prisoner in the hands of a policeman, nearly close to my right side—this is my handkerchief.
JAMES SARTAIN (police-constable P 227.) I was at the fair in plain clothes. I saw the prisoner, and watched him—I saw him taking his hand from the prosecutor's pocket and put it to his own—I asked the prosecutor if he had lost any thing, he said, yes, his handkerchief—I took the prisoner with his hand in his pocket, and this handkerchief was in it—when at the station-house, he Was asked how be came by it—he said he found it—at the office he was asked again, and said he had it given to him.
Prisoner's Defence. I picked it up.
GUILTY . Aged 19.— Confined Three Months.
GUILTY . Aged 21.— Confined Three Months.
1526. GEORGE LLOYD and CHARLES WILLIAMS were indicted for stealing, on the 20th of April, 1 thimble, value 9d.; 1 bag, value 3d.; 1 handkerchief, value 1d.; 1 penny, 6 halfpence, and 1 farthing; to which
George Lloyd pleaded GUILTY . Aged 19.
JANE DONELLY . I am single. I was at Greenwich-fair—I had a bag on my arm, which was looped with a ribbon—I bad it cut off my arm—the policeman spoke to me—I turned round, and saw the prisoner close to me—I saw my bag in the policeman's hand—I was looking at Richardson's show—I had a silver thimble, a pocket-handkerchief, and 4 1/4 d. in my bag—this is it—(looking at it.)
JAMES WEBB (police-constable V 134.) I was in plain clothes—I watched the two prisoners for about five minutes—they were in company, and talking together—I saw them go behind two females—the prosecutrix was one—I saw Lloyd go quickly away from the prosecutrix—I took him, and found the property on him—the string was left on the prosecutrix's arm—Williams was close to Lloyd when it was done.
Lloyd take a knife from his pocket, open it, and cut the string of the bag—I had watched the prisoners some time, and seen Lloyd attempt to cut a lady's reticule before.
Williams's Defence. I was looking at the show, And the officer took me; I never saw this boy.
WILLIAMS*— GUILTY . Aged 16.—Both Transported for Ten Years.
GEORGE GLOVER . I am a waiter. On the 20th of April I was at Greenwich-fair—I had not noticed the prisoners till I saw them in custody, and I saw my handkerchief partly in Darling's pocket—I felt, and my handkerchief was gone—this is it.
Smith. Is there a mark on it? Witness. No name, but a small hole or two that I know it by—I believe this to be the handkerchief I had in my pocket.
JOHN ARCHER (police-constable G 150.) I was at the fair, in plain clothes—about a quarter before five o'clock I saw the two prisoners in company—they followed the prosecutor, and closed on him—Smith took his coat up, and took the handkerchief out of his pocket, and gave it to Darling—Evans came up, threw him on the ground, and took it from him.
DAVID EVANS . I was there in plain clothes. I saw the prisoners in company for about ten minutes—they followed the prosecutor, and Smith passed the handkerchief to Darling, who put it into his pocket—I laid hold of him—he struggled very much, and I threw him on the ground—I found a green veil on Darling at the station-house.
Smith's Defence. I went to the fair to look for work, and saw this handkerchief—I took it up and gave it to my friend, whom I met.
SMITH— GUILTY . Aged 22.
DARLING— GUILTY . Aged 18.
Confined Three Months.
JAMES BROOK (police-constable L 118.) I was at Greenwich, near the entrance of the railway, on the 20th of April—I saw the prisoner following a gentleman, who was making hit way to go by the train—the prisoner took his handkerchief, and I took him with it—I do not know the gentleman's name.
Prisoner's Defence. I was going in among the people to get to the railway—i had this handkerchief in my hand, and was using it—it was one I had picked up.
GUILTY . Aged 20.— Confined Two Months.
Before Mr. Common Sergeant.
WILLIAM HENRY RATHBONE . I am a musician in the Life-guards. On Tuesday, the 21st of April, I was in Greenwich-fair—some one called out behind me—I examined my pocket, and ray handkerchief was gone—this is it—(looking at it.)
Williams. Q. You stated that there was a red cotton mark on the handkerchief? A. Yes, it was put in previous to my losing it.
SAMUEL WRIGHT (police-constable P 173.) I followed the prisoners about the fair—they talked together—I saw them attempt several gentlemen's pockets—I saw them go behind the prosecutor, and Williams took the handkerchief out of his left-hand pocket.
FRANCIS FAGAN (police-constable E 125.) I saw them in the fair for three quarters of an hour—they tried several gentlemen's pockets, and then went behind the prosecutor—Williams lifted up his coat-pocket with his left-hand, and took out the handkerchief with the right.
Williams's Defence. The policemen are mistaken in me. There was a great crowd, I could not stand on my feet, and they dragged me out I know nothing about the other prisoner.
Duke's Defence. I know nothing of it.
(Duke received a good character.)
WILLIAMS— GUILTY . Aged 32.— Confined Six Months.
DUKE— GUILTY . Aged 22.— Confined Three Months.
Before Mr. Sergeant Arabin.
JOHN THOROGOOD . I am policeman. On the 16th of April, about a quarter past eight o'clock in the evening, I saw the prisoners going down Church-street, Deptford—Spicer was carrying something which appeared heavy—I asked him what he had—he said, "Some lead"—I asked where he got it from—he said he had it from a man at Lewisham-bridge, but he did not know the man, nor where he lived—I took him to the station-house—I saw Griggs following him down Church-street, from the direction of Mill-lane, but not walking with him.
WILLIAM THOMAS ARTHUR . I am a policeman. On the evening of the 16th of April, at a quarter past eight o'clock, I was on duty in Church-street—I saw Thorogood stop Spicer—he took him to the station-house—Griggs was following him; and when he saw him taken, be ran away—I took him on Saturday morning—I found nothing on him.
WILLIAM CROWLEY . I am a policeman. I compared the lead found on the prisoner with the inside of the door on the prosecutor's premises, and the nail-holes of the lead correspond exactly—it was in a shed detached from the dwelling-house.
SPICER— GUILTY . Aged 17.— Transported for Seven Years.
GRIGGS— NOT GUILTY .
Before Mr. Common Sergeant.
1531. ROBERT NEALE was indicted for stealing, on the 18th of March, 63lbs. weight of lead, value 11s.; the goods of Frederick Guy and Richard Hughes, and fixed to a building; and that he had before been convicted of felony.
GEORGE STEVENS . I am in the service of Richard Hughes And Frederick Guy, proprietors of Vauxhall gardens. I had seen this lead on the engine-house and stables before the 18th of March—I went to the premises after the 18th, and it was gone—there were footsteps on the premises, and the lead had been jagged and taken away by violence—on the 21st a shoe was sent over by a policeman, which I examined with the footsteps, and it corresponded exactly with the nails in number and in the site of the shoe—the lead was supposed to be taken on the 16th or 17th—some lead had been produced which I think was the lead—it was the same quality of lead and had the same marks as regards the flushing—I hare compared it with the rest on the roof, and it corresponds.
Cross-examined by MR. PHILLIPS Q. Did you tell the Magistrate you compared it? A. I did—I believe it is in my deposition—I said it corresponded—I took it up on the place, and laid it by the side of what remained and fitted it to the gutter—I told the Magistrate, that—my deposition was read over to me—what I said the first time was not taken down I believe—what was taken down was read over to me—there was nothing read to me about examining it with the gutter—I did not consider it was my duty to direct the Magistrate—I was told to attend to it, and was asked afterwards if it was true—I said, "Yes," but there was a great deal of which I said that was not taken down—I saw the lead safe on the premises I think on Sunday morning, the 16th—it was the Sunday previous to the policeman coming, which was on Tuesday or Wednesday—I saw it on the Sunday between nine and One o'clock in the morning, on the engine-house in the gardens.
MICHAEL HIGGINS . I am a policeman. Between tight and nine o'clock at night on the 18th of March, I was in Vauxhall-street, near Vauxhall-gardens, and saw the prisoner running along with something on his shoulder—when he saw me coming close on him he got on faster—I followed and came up to him—he turned round Prince's-row, put this lead down in a garden-fence, and ran away—I followed and secured him—next day I took off his shoe, took it to Vauxhall-gardens, and found it corresponded with the marks in the mould, and also in the number of nails, which was nine—I produce the lead.
Cross-examined. Q. Did you search him? A. Yes—I found nothing on him—I could not tear the lead asunder with my hands—I could do it with a knife—I found no knife on him.
COURT. Q. Did the lead appear cut? A. Yes, fresh cut—he was about a quarter of a mile from Vauxhall-gardens.
GUILTY . Aged 18.— Transported for Seven Years.
JOHN HENRY MACHU . I am a silk-manufacturer, and live at Tulsehill, Brixton. The prisoner was in my service—on Saturday evening, the 11th of April, he left work at eight o'clock—on the Monday the police-sergeant brought me this lacing, which is mine, and I missed it—there are forty yards of it.
GEORGE TEAKLE . I am a police-sergeant About eight o'clock on Saturday evening I saw the prisoner coming in a direction from the prosecutor's premises—I followed, stopped him, took him into a public-house, and told him I should search him—he said I should not, if I wanted to search him, I should take him to the station-house—he resisted very much—I was obliged to get assistance, and in his coat pocket I found this lacing.
Prisoner's Defence. I was going home; the sergeant laid hold of me and said, "Where is the handkerchief you took out of the man's pocket?" I said, "I have no handkerchief;" he took me to the public-house; I said, "It is not a fit place to be searched, take me to the station-house;" he found this in my pocket, wrapped in paper; I work in a shop where there are several men besides; I work without my coat, and somebody must have put it into ray pocket.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Six Months.
NOT GUILTY .
NOT GUILTY .
Before Mr. Baron Alderson.
1535. THOMAS CALCOTT and JOHN DOUGLAS were indicted for burglariously breaking and entering the dwelling house of John Warwick, on the 30th of April, at St. Mary, Newington, about the hour of three o'clock in the night, with intent to steal, and stealing therein 1 snuff-box, value 4l.; 1 pair of spectacles, value 30s.; and 1 cream-bucket, value 2l.; his goods.
JOHN WARWICK . I live in Trinity-square, in the parish of St. Mary, Newington. On the night of the 30th of April I went to bed about eleven o'clock—my wife and the servants went up to bed at the same time—I saw the house safe—I saw the parlour shutters closed and bolted—I was not well in the night, and could not sleep—before three o'clock I heard a noise which I thought was in my neighbour's house, but on listening, there appeared a sound up my stairs—I got out of bed, lighted a candle, and went down stairs—I am certain it was before four o'clock—I think it was about three o'clock—I heard the clock strike four afterwards—on coming to the stair case before the parlour I found the back doors all open—I stood there a little time and listened, and distinctly heard persons in the house—I put my ear to the parlour door and heard two persons speaking in the parlour—I had the candle in my right hand—I put it into my left, took hold of the handle of the door, threw it open with violence, put the candle inside and saw the two prisoners—I immediately seized Calcott, and gave an alarm directly—in turning to the window I saw a policeman jump
over my Wall—the very instant I took hold of Calcott, Douglas saw the policeman, and said, "Sir, I surrender"—I found a snuff-box which I had left on the mantel-piece the last thing, moved on to the table, a silver bucket which is an ornament moved from the shelf on to the table, and my spectacles moved from the back room on to the table—those were the only things I found moved in the room—I found nothing on the prisoners.
Cross-examined by MR. BODKIN. Q. Was the room you found them in the room you had been sitting in the night before? A. Certainly—I am certain those articles were not on the table when I went to bed—I might have gone out of the parlour door first the, night before, but if so, the family followed directly—I had the spectacles in daily use—I had been reading, and used them—I am quite certain I did not leave them on the table—I had used the snuff-box the last thing—the silver ornament was never on the table—it is an old-fashioned cream bucket.
COURT. Q. Did you look at the window? A. I found the window entirely open, and the shutters put back, as if open for the day—there is a very high folding-blind between the glass and the shutters, and that was broken, and a piece of mahogany, which was screwed on the shutter, had marks of a chisel put in between to wrench out the wood—we found no chisel on them, but two men had escaped outside—eight holes were bored through the shutter near the bolt, but the hinge of the shutter had been tried all the way up besides—it was the back-window—the blinds were carried out into the yard.
DANIEL FRANCIS CARROLL . I am a policeman. About three o'clock on the morning in question my attention was called to the prosecutor's house—I went with another officer to the back of, the house, got over the wall, Which is between eight and nine feet high, into Mr. Warwick's garden—my brother constable stood at the window, and Showed his light, and I met Mr. Warwick at the door—he said there were two fellows in his parlour—I went in with him, and secured them—I found a step-ladder against the window, which is about six feet high from the garden—that was necessary to get up to force the shutter.
CALCOTT— GUILTY . Aged 20.
DOUGLAS— GUILTY . Aged 20.
Transported for Life.
WILLIAM UPCOTT . I am a tanner. The prisoner came to my place previous to September last, add saw my servant—I was out of town—he came again when I returned from the country, and on one occasion I saw him—I had known him many years—he used to live at Osborne's Commission-stable, in Gray's Inn-lane—he was ostler there—I wanted to dispose of my horse—two or three weeks before the 18th of September he came, and said he understood I had a horse I Wished to dispose of, and if I would allow him to show it he would bring me a customer—he rode a horse there, which he said was his—he left that, and took away mine—he was absent about two or three hours—he then brought it back, and said he could not see the gentleman, and took away his own horse—he came again some days afterwards on another horse, which he said was his own—he left that, and took away my horse to show the gentleman—he brought it back in a few hours, and took away the one he had ridden—on the 18th of September he came again, and said he knew a wood-merchant at Deptford who wanted a horse,
and he would bring it back in two hours—I let him have it, not to sell it, only to show it—I made no bargain, but if he had brought me a good customer I should have compensated him—he never returned—he promised to bring it back in an hour and a half or two hours—I became uneasy about it, and sent my servant to look for it—I have never found it—I heard the prisoner say at Guildhall that he had sold it, but could not get the money—he said he sold it to a man named Maltby, I think, or Mialtby, and Goddard, I think—he named two—he did not tell me where they lived—it was a grey gelding.
WILLIAM MOORE AYSHFORD . I am foreman to Mr. Upcott. He sent me to the prisoner's place to look after the horse—I did not find it—I found the prisoner the second time I went—he said he supposed Me. Upcott was uneasy about the horse, but he had sold it, and was then going to the westend to receive the money for it—I carried that mesage back—MR. Upcott did not seem very well satisfied with it—he wanted his horse or the money—the prisoner did not come, but wrote a letter to Mr. Upcott the same day, begging that he would not be uneasy about the horse; he was going into the country for a few days, and when he returned he would see more about it—I went several times afterwards, but never could find him.
WILLIAM DEVONSHIRE . I am a policeman. On the 6th of May I apprehended the prisoner, in a skittle-ground in Little Moorfields—he said he had sold the horse to two chaunters, and had not received the money.
Prisoner's Defence. Mr. Upcott applied to me to sell the horse; he first wanted 18l., then 19l., then 20l.; he allowed me to take it away three or four times to show it, and once to trim him up and have him shod; I sold it, and he directly said he would not have it sold, but would have it back; I sold it to Maltby and Goddard, and when I applied to them for the money they only laughed at me; 1 intended to pay Mr. Upcott' for it, having some property in Hertfordshire, and as soon as I sold that I should pay him for it.
NOT GUILTY .
1537. THOMAS BENNETT was indicted for stealing, on the 30th of April, at Streatham, 16 spoons, value 10l. 5s.; 3 forks, value 3l.; and 1 fish-slice, value 2l.; the goods of William White, in his dwelling-house; and that he had been before convicted of felony.
WILLIAM FEETON . I am gardener to William White, of Upper Tulse-hill, in the parish of Streatham. I was at work on the back-lawn on Thursday, the 30th of April, between twelve and one o'clock in the day, and saw a person drop off the porch over the kitchen-door, and heard the glass break belonging to the porch—I called to my son Tom to run to the front-gate—I also ran, and saw the prisoner go out of the carriage-gate—he turned his head aside before he got to the gate, and I saw curls at the back of his ear—I did not hear him say any thing—I followed him—he turned to the left, towards Brixton—I followed him about two hundred and fifty yards, and in turning the corner, I saw him take a parcel from under his coat and throw it down on the walk—I still followed him a hundred and eighty yards, leaving my boy to pick the property up—he got over into a backgarden, and was caught in my sight—I swear he is the man—I lost sight of him for about a hundred and eighty yards, while he passed through Mr. Marshall's garden, but that was the only time—I saw him go into Mr. Marshall's garden, but did not see him come out—I returned a short way back into the road, and saw him, with his coat off, on the road—I had
taken particular notice of his clothes—there was another person running besides—that was Mr. Charlton's gardener—he was dressed in brown trowsers and waistcoat to correspond—when I met the prisoner, after going through the garden, he was walking very leisurely along, coming towards me—he said "The young man that they were running after they, have caught just down there," pointing with his finger—I said, "Have they? but you are the young man I am running after," and made a catch at him—he stepped back, took up a stone, and said, "D—your eyes and limbs, if you touch me I will knock you down"—I still advanced on him—he came to Mr. Luke's door—the servant was looking through the grating—he took his two hands, forced the door open, and ran down Mr. Luke's avenue leading to the house, ran across a small meadow, into my master's field—an errandcart man in the road, seeing him cross the field, headed him, and took him—I had a full sight of his face, and had a glimpse of his face as he went out of Mr. White's—but I swear to him by his clothes and by the hair.
Cross-examined by MR. CLARKSON. Q. How long elapsed from the time you saw the man drop from the back-door till you saw the prisoner in custody of the carrier's man? A. Twenty minutes or half-an-hour—it could not have been much more.
THOMAS FEETON . I am son of the last witness, and foot-boy to Mr. White—I work in the garden. My father gave me an alarm—I ran round the stable-yard, and out at the same gate as the prisoner did—I noticed the prisoner's dress and his curls—I and my father followed together—I saw him drop a parcel, which I took up, and carried home—it was wrapped in a silk handkerchief—I laid it on the top of the stairs, by the side of my mistress—I went to the station-house, and got a policeman, but before I got back my father had got one—I then saw what was in the handkerchief—I saw the same handkerchief delivered to the policeman—the prisoner had curls sown on each side of his hat.
Cross-examined. Q. Do you mean you took the hat from the prisoner's head? A. Yes—I cannot tell who put it on—he had it on when I received him from the gardener.
Prisoner. They are my own curls; I had a fever, and had my head shaved.
Cross-examined. Q. Who has charge of the silver? A. Mrs. White—the boy assists in cleaning it—I have a kitchen at one end of the house, and a stable at the other—it is a cottage—the knives are cleaned in the stable—you do not go through the stable to the house.
Cross-examined. Q. Where did you get the certificate from? A. From Mr. Clark's office—he was convicted in July, 1838—I remember it perfectly—I was in Court when he was tried—I took him into custody myself, with the watch on his person—I am quite sure it was July, 1838—he was tried at Guildford, and had twelve months' imprisonment.
GUILTY . Aged 17.— Transported for Fifteen Years.
Before Mr. Sergeant Arabin.
EVAN EVAN . I am in the employ of Mr. Payne, who keeps a stand in the Borough-market. On the 25th of April, I saw the prisoners in a coffee-shop—they wanted me to buy this glass case of paints, which they had on the table—this is it—(looking at it)—they asked 1s. 6d. for it—I said I did not want it—then they offered it for 1s. 3d., and then 1s., and part of my dinner—I at last paid Claridge 1s. for it—a young man told me not to buy it, and went and told the beadle—I asked the prisoner to give me my shilling back, and said I would not have it—the beadle came and took them.
WILLIAM JONES . I am apprentice to Livett Franks, who lives in the Borough. This glass case and ninety-six cakes of paint are his—it was in the shop that morning—I was called up stairs to know if I had taken it away about half-past two o'clock, and it was gone—I do not know the prisoners.
THOMAS LIDDLE . I am an officer of the Mint. A man gave me information—I went into the coffee-shop and sat down, and heard Evans asking the prisoner for the shilling back—I asked the prisoners where they got this—they said, from a Jew at the corner of Union-street—I knew, being Saturday, that the Jews were not there, and I took them.
Claridge's Defence. We bought them of a boy.
WESTON— GUILTY . Aged 15.— Confined Two Months.
CLARIDGE— GUILTY. Aged 13.—Recommended to mercy by the Jury .— Confined One Month.
1539. EMMA RUDD was indicted for stealing, on the 2nd of April, 7 handkerchiefs, value 12s.; 1 neckerchief, value 6d.; 3 pairs of stockings, value 6s.; 1 fan, value 3s.; and 2 napkins, value 6d.; the goods of Francois Louis Baud, her master; to which she pleaded
GUILTY .— Confined Three Months.
GUILTY .* Aged 19.— Transported for Seven Years.
GUILTY .— Confined Three Months.
1542. WILLIAM HARMAN was indicted for stealing, on the 21st of April, 3 feet of lead pipe, value 3s.; and 1 metal cock, value 1s.; the goods of the London and Croydon Railway Company; being fixed to a building.
JOHN GLASCOCK (police-sergeant R 25.) On the 21st of April, about twenty minutes past ten o'clock in the evening, I saw the prisoner going up New Cross, and carrying a bag with something—he went on to a house which stands by the Croydon Railway, and on a sudden I lost sight of him—when I got to the house I turned on my light, and saw the cellar-flap was open—I waited till another officer came up; we then went down into
the cellar, and as we got down I found a white-handled knife, which had the appearance of having cut lead—we found the prisoner in the back-cellar, and, at a short distance from him, this lead water-pipe, which had been cut from the house—here is three feet four inches of it, and a cock.
Prisoner. Q. Did you not meet a man and a boy coming out of the house? A. No—there were two boys there.
THOMAS COLSON . I am the superintendent of the works of the London and Croydon Railway. This lead was cut from a house which is the property of the company—I produce the Act of Parliament which constitutes the Londonand Croydon Railway Company a corporate body.
GUILTY . Aged 55.— Confined Three Months.
Before Mr. Common Sergeant.
MR. PHILIPS conducted the Prosecution.
HENRY HAMMOND . I am a walking-stick manufacturer, and live in Cornwall-road, Lambeth; the prisoners were in my employ. In consequence of something I heard from Collier, I marked three dozen sticks belonging to a man named Martin, of Norwood—he had sent me three bundles, and I was to select three dozens, and the rest I was to keep—I marked the sticks with a star punch, and put them in one corner of the work-shop, and in about two days I missed some of them—the prisoners had no right to dispose of or to take them out of my house.
Cross-examined by MR. CLARKSON. Q. Were you originally brought up to this business? A. No; I took a person named Hayes in as a partner—I was to find money—I have been in business seven years—the prisoners were known to Hayes—one of the prisoners has been in my service the whole time, the other about six years and a half—one of them had given me notice that he was going to leave a week before this; the other had not left, nor did I expect he was going—I did not complain of the one leaving me—I might say I was very sorry to part with him—I asked what I had done to offend him, that he was going—I did not find that he was going into business himself—I had no idea of that—I employed Collier to go and buy a stick—that was about two days before the prisoner gave me notice to leave me—I had the two prisoners and their brother working for me—I gave them all three into custody—their brother was discharged—I had not suspected any of them before the prisoner gave me notice to quit, but I had missed property, and employed Collier to purchase property—the policeman saw me mark the sticks—I have known Collier many years—he was in the police—I believe he was not discharged—he told me so—I swear that the prisoners had no authority to sell sticks at all—Mr. and Mrs. Morris live in my house—my wife occasionally sells in my shop and receives money—I searched the house where William Sims was living, and found there a great number of sticks unprepared and undressed, as if a man was going into business—I stated that I believed they were all mine—the Magistrate did not say he did not believe there was any case against the prisoners—he said he would commit them if I wished it, or he would fine them.
MR. PHILIPS. Q. Had you any private mark on the other sticks? A. No.
WILLIAM CLIFTON (police-constable B 50.) I took William Sims into custody—about three weeks before that I was taken into Mr. Hammond's factory, and marked one of these stick smyself—this is it—(looking at it)—I can swear to the mark I put on it—it was not varnished then—here are three marks I put on it with a pen-knife—I received this stick afterwards from Collier.
Cross-examined. Q. When did Collier bring it you? A. On the 4th of May—it was then varnished—I had marked it about three weeks before, when it was unvarnished—I knew Collier when he was in the police—he was not discharged, he resigned to go to work, which he thought was better—there never was anything suggested against him that I known of.
GEORGE COLLIER . I was in the police—I was not discharged, I left it through getting a better situation—I went to Hammond's factory to purchase some sticks, and both the prisoners stated that they could serve me cheaper at home, that they had got some very good sticks they could sell me cheaper—I stated that to Hammond, and he gave me money to purchase sticks—I afterwards went to a house in Little Duke-street—I saw the prisoners there, and a lot of sticks—I bought some then, and on the 28th of April I bought some others, among which were these three—I bought this one that Clifton marked of William Sims, and the other two of George.
Cross-examined. Q. What service are you in? A. In Mr. Nutting's, of Regent-street, Vauxhall-road, as a private watchman—I have been there nearly four years—my regular wages are 14s. a week, and then I go in the office, and take the men's time, and that makes up 18s. 2d., and if I do more I am paid—I was in the police from the first commencement—I received 19s. a week there—I left it for the situation I have now, which suited me better—I never heard of any complaint against me—I was on duty at a button manufactory at the time I resigned—nothing happened there to my knowledge—I have heard there was a robbery there, but I never beard of it before I left the police, to my recollection—I had 30s. from Mr. Hammond to purchase sticks—he gave me two sovereigns—I laid out 30s. 4d., and gave him the change—I had none for myself, nor do I expect to have any thing—I believe I gave one of the prisoners an order for five dozen of sticks—I have not fetched them—I did not pay for them—I paid for what I had—I went on the Wednesday after I had given the order, to see if they had got them, and I saw some sticks there—I told them I would go the next day, but I did not, for they were in custody—MR. Hammond told me to order the five dozen.
NOT GUILTY .
THOMAS FREDERICK MARSEN . I am an attorney, in partnership with Mr. Dudley—we live in Church-street, Newington—the prisoner was our clerk. On the 18th of April he came with his list of business, and asked
if he should pay an account of Mr. Lloyd's for parchment—I said he would send for the money as he was accustomed to do—he came to me again in about half-an-hour, and said Mr. Lloyd had sent two or three times, and had he not better pay it, as he was passing the door—I gave him 3l. 5s. for Mr. Lloyd—he returned, and soon after absconded—it was his duty to have paid that money specifically to Mr. Lloyd.
Prisoner. Q. What time of day did this take place? A. When I came to the office, about eleven o'clock in the morning—I gave it; you in the clerks' office—I gave you three sovereigns, and I believe five shillings—to the best of my recollection you had the bill—I did not ask you for the receipt afterwards, as I expected it was put on the file as usual—I entered it as paid in the book in your presence.
Prisoner. Q. How many partners have you? A. Only my father, he does not take an active part in the business—I have a shopman and a collecting clerk.
COURT. Q. Do you keep books? A. Yes—if my shopman or clerk had received this it would have appeared, and it is not entered.
GUILTY . Aged 19.— Confined Six Months.
MESSRS. CHAMBERS and DOANE conducted the Prosecution.
WILLIAM DENT . I am a general dealer, and live in Grogin-street, Stangate. On the 2nd of April, about seven o'clock in the evening, the prisoner came into my shop for half-an-ounce weight of tobacco—I served him—he laid me down a shilling—I gave him 10d. change—he went out—after he was gone I found it was a bad shilling—I went out, and could not find him—I gave the shilling to my wife, who put it on the shelf—on the following Tuesday (the 7th) between seven and eight o'clock in the evening, he came again for the same article—my wife served him—I knew him—he gave a shilling—my wife took it, bent it, and said, "It is a bad one, and you are the person that was here last Thursday; I know you',—I secured the door, shut it, and went outside, but did not leave the door—he got out of the shop—I caught him by the collar, and gave him to a policeman—my wife gave the officer the second shilling directly.
Prisoner. Q. What was the reason you gave me the change without putting the shilling into the till? A. I always look at money after I have taken it—I have taken a good deal of bad money before—I laid it on the counter, to give you change—I asked my wife to look at it—she did not put it into the till.
ANN DENT . The prisoner came into our shop on the 2nd of April—my husband gave me the shilling, which he had passed to him—I laid it on the mantel-piece—I kept it carefully till the 7th, and gave it to a policeman—on the 7th the prisoner came again, I served him then—I took a shilling that he then offered—I bent it, and said, "You are the person that came in before and passed one"—my husband shut the door—he said he did not want to go out—I kept the shilling that I bent and gave it to the policeman.
Prisoner. Q. Are you sure I am the person that came in on the 2nd? A. Yes—I am sure the first shilling was never mixed with others.
MR. CHAMBERS. Q. He went off? A. Yes, he ran out—I sent the policeman after him a short distance, and he brought him back.
THOMAS WHITEHEAD (police-constable L 103.) The prisoner was walking off when he was pointed out to me by the prosecutor—he then ran into a privy—I lost sight of him for a moment—a person discovered he was there—I turned back, and he was coming out—I took him, and found nothing on him—I searched the privy that same night, but it was to deep I could not see whether any thing had fallen into it or not—I got the two shillings from Mrs. Drew.
GUILTY . Aged 18.— Confined Six Months.
MR. DOANE conducted the Prosecution.
ANN BATEMAN . I am the wife of William Bateman—he keeps a cook's-shop in the Lambeth-road. On the 30th of March, about five o'clock in the afternoon, the prisoner came and asked the price of a piece of meat which laid in the window—I said, 4 1/2 d.—he took it, and put down a half-crown—I called my son Joseph out of the yard, and he took the half-crown off the counter, and went next door to Mrs. Wohlman's, for change—he returned, and 2s. 1 1/2 d. was given to the prisoner—Etheridge came to my shop in about half-an-hour, and in the meantime I had received the half-crown again from Mrs. Wohlman—I marked it, and gave it to the officer.
Prisoner. Q. Who did you give the half-crown to? A. To Mrs. Wohlman—she put it on the counter—I stopped at home till you were brought back.
ELIZABETH WOHLMAN . I received the half-crown on the 30th of March from Joseph Bateman—I put it into the till—there were three shillings there, but no other half-crown—I took it out of the till in about three minutes, and took it back directly.
JOHN ETHERIDGE (police-constable L 35.) I stopped the prisoner on the 30th of March, about a quarter or twenty minutes past five o'clock, opposite the Horns public-house, at Kennington—there was a young man with him, who gave his name Clark"—I told them it heard they had been passing bad money—the prisoner said he had not passed money any where—I took him to Mrs. Bateman's—I found on him a piece of meat, and 2s. 1 1/2 d.—I received the half-crown from Mrs. Bateman—I took the prisoner to Union Hall, and he was discharged on the 4th of April—he gave the name of George Lovett.
ROSE EMMA DREW . My brother keeps a confectioner's shop at Kennington-cross. On the 13th of April the prisoner came for a penny puff—he gave me a half-crown—my brother came in while the prisoner was in the shop, and I gave it him—I had been told to call my brother or sister, as I had taken two bad half-crowns before.
the prisoner there—I asked him if he had got any more of them—he said, "What?"—I repeated the question—I then saw a policeman pass—I gave him the half-crown, and he took the prisoner.
Prisoner. Q. How long was I in the shop? A. About a minute—I took care you should not run away.
JAMES CUMMINS (police-constable L 59.) On the 13th of April I took the prisoner, and Mr. Wheeler gave me the half-crown—the prisoner said I was a d——d fool to take so much trouble, as he had only one piece about him—I left him in the waiting-room at Union Hall, and be escaped.
GUILTY . Aged 21.— Confined Six Months.
Before Mr. Baron Alderson.
1547. SAMUEL BAYLEY was indicted for unlawfully, maliciously, and feloniously assaulting William Combes, on the 20th of April, on the high sea, within the jurisdiction of the Admiralty of England, and stabbing, cutting, and wounding him in and upon his head, right side of the face and hands, with intent, feloniously, wilfully, and of his malice aforethought, to kill and murder him.—2nd COUNT, stating his intent to be to maim and disable him.—3rd COUNT, to do him some grievous bodily harm.
MR. ESPINASSE conducted the Prosecution.
WILLIAM COMBES . I am a sailor belonging to the schooner Sprightly—I was cook and seaman'—in April last she was coming from St. Michael's to Falmouth—I was at the helm on the night of the 20th of April, and saw the prisoner—he came aft to me when I took the helm at eight o'clock at night, and asked me where I had laid the axe, when I had done chopping wood—I told him I had left it under the windlass—I saw him go forward and take the axe, and stand it in the galley—the captain was on deck at that time, and the prisoner and him entered into conversation till about ten o'clock—that was about two hours—they were talking together the whole time—the captain then went below—I heard what passed—they were talking about the lights on the coast—it was friendly conversation—we were expecting to make the Scilly Lights about three o'clock—the captain and the prisoner went below at the same time, about ten o'clock—the captain returned on deck three or four minutes after, and the prisoner came on deck about ten minutes after the captain—I saw him come up—the captain then went forward, and had not been forward long, before I heard him cry out, "Murder, I am a dead man"—the prisoner had been forward all the time—he had never come aft—I then saw the prisoner come running aft to me with a knife and an axe in his hand—I was at the wheel—he had the axe in both hands, and the knife in his right-hand against the handle of the axe—he said in a low voice if I spoke I was a dead man—I said to him, "Good God, Sam, is it you?"—with that he made a blow at my head with the axe—here is the mark of it on the side of my head—I had a southwester on my head, which is a hat covered with canvas—I could not see what part of the axe he struck me with—it cut through the south-wester—
I then laid hold of the axe, and he cut away at me with the knife, and cut my hand, and he tried to get at my throat with the knife, but he could not, and he cut me under the eye with it—I then sung out "Murder, murder, for God's sake come up here Mr. Bowles"—that is the mate—he came up, and the prisoner was secured after making a blow at the mate—this is the axe and the knife—(looking at them.)
Prisoner. It was dark—he says he saw me get the axe, and put it in the galley—now the galley is four feet high, and there was a boat between him and the wheel—it is impossible he could see me put it in the galley unless he left the helm.
COURT. Q. Was he drunk? A. No, as sober as I am now—he was not mad—we had no quarrel at all—we were as comfortable as we could be the whole passage—he had not had a word with the captain—he behaved well before.
Q. You do not know any motive whatever for this? A. Not unless he meant to make his escape out of the vessel, as he was a prisoner—we had five men and a boy, besides him and another prisoner—he was put on board at St. Michael's with another man for desertion—I believe he was to be delivered to the first of her Majesty's vessels e came across—the other man was below in his bed.
JAMES BOWLES . In April last I was mate of the schooner Sprightly—the prisoner was on board the vessel—he was taken on board at St. Michael's as a prisoner, for desertion from her Majesty's ship Cambridge, to be delivered up to the first Justice of the Peace, or to any of her Majesty's ships we might meet with. On Monday night, the 20th of April, I heard an alarm between ten and eleven o'clock, as near as I can guess—I was in my bed cabin—I got up, went on deck, and saw the prisoner striking at Combes with the axe—Combes was all over blood—I assisted in securing the prisoner—I went forward after I secured him, and found the forescuttle fastened with a nail—that would keep the men below—this is the knife and the axe—there was one prisoner in the fore part of the vessel, and one man and a boy belonging to the vessel, besides that there was me and Combes and the master, and there was another man on deck at the Captain's watch—there were three people on deck at the time—the other man was forward looking out—he was afraid to come aft in the scuffle—the captain was cut, and his skull broken in—he it not able to be removed at present—Combes was much hurt.
Prisoner's Defence. I do not know any thing about it—I have had a hurt in my head—a little drop of liquor always affects me, and I had been drinking two glasses that day—it affected my head.
GUILTY — DEATH . Aged 28.