Old Bailey Proceedings, 15th June 1840.
Reference Number: t18400615
Reference Number: f18400615

CENTRAL CRIMINAL COURT.

SESSIONS PAPER.

MARSHALL, MAYOR.

EIGHTH SESSION, HELD JUNE 15th, 1840.

MINUTES OF EVIDENCE,

Taken in Short-hand

BY HENRY BUCKLER.

LONDON:

GEORGE HEBERT, CHEAPSIDE.

WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.

THE

WHOLE PROCEEDINGS

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

OF THE

CENTRAL CRIMINAL COURT.

Held on Monday June 15tht 1840, and following Days.

Before the Right Honourable Sir CHAPMAN MARSHALL, Knt. LORD MAYORof the City of London; the Right Honourable Sir Nicholas Conyngham Tindal, Knt, Lord Chief Justice of Her Majesty's Court of Common Pleas; Sir Joseph Little dale, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir James Parke, Knt., one of the Barons of Her Majesty's Court of Exchequer: Sir Matthew Wood, Bart.; Matthias Prime Lucas, Esq.; Charles Farebrother, Esq.; James Harmer, Esq.; John Lainson, Esq.; Michael Gibbs, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.

LIST OF JURORS

First Jury.

John Martin

George Morley

Lewis Raby

Charles Ritch

Richard Bennett

William Ball Doctor

Thomas Limsdale

George Rudge

Edward Plant

Henry Mitchell

Henry Walters

William Snow

second Jury.

Edward Mellard

William Payne

George Folkes

Philip Green

Henry Island Newington

Stewart Helmsley

George Molton Mabsley

John Sharp

Henry Marshall

William Elston

Robert Eldon

William Monk

third Jury.

Richard Pritchett

George Snelling

Robert Macord

Henry Catchpole

John Naylor

William Henry Nowell

Harrison George Ruffle

David Rate

Frederick Pinherd

WilliamWiggins

John Randall

William Lake

Fourth Jury.

John Smith

Bery Martin

Thomas Myers

James Beat

John Pritchard

John Finchin

William Spurge

William Sheppard

Charles Thomas Ellis

Frederick Hey

Robert Chinnery

Abraham Holwell

Fifth Jury.

John Odlington Perry

John Paglesham

George Fox

James Taylor

William Newman Heald

William Most

Matthew Oliver

George Cooper

John Price

Augustus Nicholls

John Oliver

Percy Matthew Dove

Sixth Jury.

John Hill

John Smith

Matthew Smith

Jabez Poulson

Jeremiah Thomas Hilsley

Joseph Norbury

Thomas Richard Neale

William Shearsby

Ratliff Peak

Joseph Boardman

James Toplis

John Stansfield

CENTRAL CRIMINAL COURT.

MARSHALL, MAYOR. EIGHTH SESSION.

A star (*) denotes that prisoners have been previously in custody—Two stars (**), that they have been more than once in custodyAn obelisk † that a prisoner is known to be the associate of bad characters.

LONDON AND MIDDLESEX CASES:

~OLD COURT.—Monday, June15th, 1840.

First Jury, before Mr. Common Sergeant.

Reference Number: t18400615-1548

1548. THOMAS DALLAS was indicted for an assault, with intern to commit an infamous crime.

GUILTY.— Confined Two Years

Reference Number: t18400615-1549

1549. WILLIAM ANTROBUS and JAMES BEAGARIE were indicted for conspiracy.

MR. PHILLIPS conducted the Prosecution.

WILLIAM SHAW MAYES. In January, 1839, the prisoner Antrobus employed me as a carpenter to fit up a coffee-shop—I was to have some money on account when I had done 20l. worth of work—my bill was 50l.—I asked Antrobus for money—he had promised me 15l., but I said I must have 20l.—he at last brought me a bill for 40l. odd—this is it—(looking at it)—it is accepted by the defendant Beagarie—I said to Antrobus, "You must let me know who and what Beagarie is before I can discount the bill"—he said, "I can refer you to Mr. Faulkner that he is a respectable man"—I said, "That won't do, I must know that he is responsible"—I went to Mr. Faulkner's office, and saw a person representing himself to be s clerk to Mr. Faulkner—I believe Beagarie to be the man—he said Mr. Faulkner was not within, but he could answer for him; he knew Mr. Faulkner knew Beagarie to be a respectable man—I said, "Is he a responsible man for 50l.? "—he said, "I believe him to be so, " and said something about a suit in Chancery by which he was entitled to some money—I was not satisfied—Antrobus called on me again—I said I had been to Mr. Faulkner's office, but could not see him, and could not take what I heard from his clerk, I must have it from the principal, if not in words, I must have it in writing—Antrobus then left me, and brought me this letter—(looking at it)—I made a memorandum on the letter, and Antrobus signed it—this is it: "Witness to the above alteration. W. A."—I then advanced the money to Antrobus—when the bill became due it was dishonoured—I went to Mr. Faulkner's office, and made a communication to Mr. Faulkner—if the words "and responsible" had been left out of the letter I should not have advanced the money.

Beagarie. Q. Will you swear I am the person you saw at Mr. Faulkner's? A. To the best of my belief you are—I judge by your voice and your

person, you are very much like him—I made application to the Insolvent Court in January—my name was not inserted in your schedule till then—I claimed to have it inserted as a creditor—you were sent back for twentyone days to serve me with notice—if 20s. in the pound is paid out of your estate, I expect to receive it, but you have not taken the benefit of the act.

FREDINAND FAULKNER. I am a solicitor, and live in Staple's Inn, Holborn. On the 31st of January, between one and two o'clock, (I think, ) the two defendants came to me at Westminster, and both saw me together—Beagarie said a person living in Orange-street was going to lend him a sum of money, and they had requested a note from a respectable person to say that he was a respectable man himself, and pressed me to give him a note to that effect—I wrote the note, and, after reading it, he wished me to put in the word "responsible"—I objected to do so, and did not do it—this is the letter I wrote—the words "and responsible" have been added since—I did not write them—the rest is mine, except the memorandum—I gave him the note, and they went away—the prosecutor and his solicitor afterwards called on me, and showed me the letter—Beagarie had said the person proposed to lend him 15l. or 20l.—he said nothing about a bill of 40l. odd—I had no clerk at that time.

Beagarie. Q. Did not I give the letter in your presence to Antrobus? A. No; you took it away.

——JENKINS.I am a licensed victualler. I know Beagarie—I have received a great many letters from him, and seen him write many times—I believe this memorandum to be his hand-writing—(read)—"Memorandum. London, 31 Jan. 1839. I have this day received the sum of 10l. from Mr. Antrobus, being the amount of my portion, as agreed, of a bill of exchange accepted by me for 48l. 17l. J. BEAGARIE."I do not know whose hand-writing the words "and responsible, " in this letter, are.

[The letter being read, was as follows:—"Sir, I have known Mr. J. Beagarie, and believe him to be a respectable and responsibleman. F. FAULKNER."]

ANTROBUS— GUILTY.— Confined One Day

BEAGARIE— GUILTY.— Confined Six Months

Reference Number: t18400615-1550

1550. JOSEPH WESTLEY was indicted for embezzling and stealing, on the 7th of February, 4l. 13s. 6d., and 1l. 2s. 3d.; and, on the 14th of February, 2l. 4s. 6d.: also for embezzling other sums, on the 29th of February and the 23rd of May, which he had received on account of William Morris, his master; to all of which he pleaded

GUILTY.Aged 42.—Recommended to mercy .— Confined One Year

Reference Number: t18400615-1551

1551. THOMAS HUTTON, WILLIAM TACK, and STEPHEN AUSTIN, were indicted for stealing, on the 9th of May, 209lbs. weight of veal, value 3l. 18s.; the carcasses of two pigs, value 2l. 16s; 3 calves' heads, value 3s.; 7 yards of linen cloth, value 4s.; and 1 hamper, value 6s.; the goods of Henry Osmond.—2nd COUNT, stating them to be the goods of George Dawes.

MR. CLARKSON conducted the Prosecution.

HENRY OSMOND. I am a butcher, and live near Sturminster Newton, in Dorsetshire. I am in the habit of sending up meat for sale to Mr. Dowding, of Newgate-market—on the 7th of May I sent two hampers of meat up—one was lost—it contained five sides of veal, 2 pigs with

their heads on, and three calves' heads—I always place the cauls of the calves in the kidneys—I did so on that occasion—that is the usual course with butchers in our county—we always do it—the largest pig weighed ten stone four pounds, and the smallest seven stone four pounds—a cloth was wrapped round each side of veal, and a cloth round each pig—that would make seven cloths—I sent the hampers up by the Southampton railway—Dawes, the wagoner, contracts to bring them to London for me.

Cross-examined by MR. PHILLIPS. Q. Who did you deliver these things to? A. Mr. Crouch, a tradesman at Sloughton, three miles from me—he sends to London the same as I do—I left them in his care, and he sent them—I saw them go away from his yard in a caravan—one of his carters drove it—a great quantity of provisions comes from our county by the railroad—a great deal of meat is sent—I directed the hampers to Mr. Dowding—I had no mark on the veal or pigs—I could not have sworn to them myself if I had seen them in Newgate-market—there are a great many butchers in our part, and they all send the meat up in the same way—hundreds and thousands of sides of veal come up with the cauls in the kidneys—Mr. Dawes's name was on the cloths—I had no mark on them myself.

MR. CLARKSON. Q. Have you ever been able to find them since? A. No—the hampers were Dawes's as well.

GEORGE MOGAN. I am clerk to Mr. Dibdin, of Gerard's-hall, Basinghall-lane—he is agent to Dawes, the wagoner. On Saturday, the 9th of May, about seven o'clock in the morning, I was attending the unloading of one of Dawes's wagons at Newgate-market—there were some hampers in it with directions on them, and one without a direction—I helped to throw that one out of the wagon on to the ground near Blake's stand—two of Mr. Robinson's men assisted me—in consequence of there being no direction on it, it was opened, to see if there was any note inside—I saw some sides of veal in it, I cannot say how many, two pigs, and three calves' heads—I know Austin—he was employed that morning in pitching from that wagon—I left the hamper at the side of Blake's stand, not knowing who it belonged to—I had some weigh-bills to make out, and another wagon was coming in.

Cross-examined by MR. PHILLIS. Q. Does Dawes send a great many wagons to town? A. Three a week—some journeys more hampers come than at others—I have known as many as thirty or forty come at one time, and sometimes not above one—all the meat that comes is enclosed in cloths—a great number of Dawes's cloths come to town every week—I do not know what Hutton is—I believe he has been a porter.

Cross-examined by MR. BODKIN. Q. Did you know Austin before? A. Yes—he worked at Gerard's-hall with us for some time.

MR. CLARKSON. Q. Then he would know the course of your business? A. Yes—the meat was brought from the railway at Vauxhall in three wagons, on the 9th of May—there was no complaint of the loss of more than one hamper on that occasion—it was about twenty minutes past seven o'clock when I pitched the hamper—I fastened it down again after opening it.

JOHN WILLIAMS. I am in the employ of Mr. Lamer, a meat salesman in Newgate-market. On Saturday morning, the 9th of May, about halfpast seven o'clock, I saw a hamper lying by Blake's stand—I know Hutton and Austin by sight—I saw them that morning—they had a truck

with them—I saw Hutton help Austin with the hamper off the street by Blake's stand on to the truck—Austin then drew the truck, and Hutton pushed behind—they went round the corner of Warwick-square, and I saw no more of them—I did not see any third man—I saw Austin about half an hour after—they went in a direction towards Simmonds's.

Cross-examined by MR. PHILLIPS. Q. Was it not Austin that had the truck? A. Yes—Hutton helped him to put the hamper on—I did not hear them speak to each other—I was not near enough to hear them—I saw a knuckle of veal and the leg of a pig hanging out of the hamper—it was a knuckle of veal I saw.

Q. Recollect what you have said before—did you not see some knuckles of veal hanging out? A. I saw a knuckle of veal—well, I saw some knuckles of veal hanging out—I saw more than one, I cannot say how many—I will say two—I will not swear I did not see four—they were quite plain to be seen—not covered up—they were hanging out at the corner of the hamper—I could see no cloths at all—the hamper was tied down.

cross-examined by MR. BODKIN. Q. Was the business of the market going on? A. Most of the business was over—there were not many persons about—I saw no one near the truck but Austin and Hutton—other persons might have seen the truck as well as me—Austin had hold of the truck with both his hands—Hutton was walking along by the side—it stopped by the side of the pavement while they raised the hamper on one end, and put it on the truck—if Austin had given Hutton any directiorn I should not have heard it—I was within ten or fifteen yards of them—I saw no one between me and the truck—I saw a good many persons with trucks that morning.

JOSEPH WELLS. I am in the employ of Mr. Simmonds, a meat salesman, in White Hart-street, Newgate-market, two or three hundred yards from Blake's stand. On Saturday morning, the 9th of May, about halfpast seven o'clock, or between that and eight o'clock, Hutton came to our place, and said there was a hamper of meat coming, and about five minutes after, he and Tack came with packs on their backs, not with a hamper—the meat was packed in cloths—they pitched it at the door—after all the meat was unpacked from the cloths, I looked over it—there were five sides of veal, two pigs with their heads on, and three calves' heads—Hutton came for the cloths some time after, and I gave him the seven cloths that the meat was packed in—he at first claimed six sides of veal, but there were but five—Tack was with him when he came for the cloths, and they went away together.

cross-examined by MR. PHILLIPS. Q. Who did you give the cloths to? A. Hutton—I have been examined before—I am sure I gave them to Hutton—he and Tack were together—I do not think I ever said I gave them to Tack, but I cannot swear now which I gave them to—I never mentioned about the seven cloths before to-day.

Cross-examined by MR. ROE. Q. Was there more meat brought than one man could carry? A. There was, decidedly.

FREDERICK FIREMAN. I am a butcher, and live in Raven-street, Mileend-road. I sell meat sometimes at Mr. Simmonds's stand. On Saturday morning, the 9th of May, about seven or eight o'clock, I saw all the three prisoners—all three of them had packs on their backs—I could not tell what it was—it was wrapped up in cloths—Hutton called out for Mr. Sim

monds—I asked who that was for—he said, "For Simmonds, " and asked where he should put it—I said, "Down against the door"—two of them (I am not able to say which) pitched their packs against the door, and one in the shop—I asked Hutton where it came from—he said, from a man named Smith, and that it came by Smith's wagon, from the Rose Inn, Smithfield—the other two were by at the time—I called Mr. Simmonds's attention to the mode in which the veal was dressed, the caul being stuffed in under the kidneys, which is not usual—there were five sides of veal, two pigs, and three calves' heads, which Tack brought in his hand.

Cross-examined by MR. PHILLIPS. Q. Was the teal all tied up in cloths? A. Yes—I could not see what it was till it was undone—I did not notice any thing hanging out—the pigs were packed up the same—no part of them was visible—I saw no part of the veal or pigs till they were unpacked, but I did not take particular notice.

Q. You first said the caul was stuffed in the kidneys, and then under? A. It is all the same—it was in the fat of the kidneys, which we call the kidney.

JOSEPH SIMMONDS. I am a meat salesman, and live in White Hart-street, Newgate-market. On Saturday morning, the 9th of May, Austin came to my shop, about half-past seven o'clock—that was the first time I saw him—he brought some meat with him, packed in clothe—I was standing outside the shop when it was pitched on the pavement at the door—about ten minutes after, Austin came again, and asked me to pay the pitching of the meat—I asked him his demand—he said, "6d., I suppose"—I paid him, and he then went away—about half-past nine o'clock Hutton came, and inquired whether the meat was sold—I told him it was not all sold—he then went away—he came again about two o'clock, and Tack with him—he then bought a pig at 5d. a pound—it weighed 10 stone 7lbs., and came to 1l. 16s. 3d.—he did not pay for it but directed it to be taken off the money for the meat, and he would call for the balance on the Monday—the pig was entire, and Wells chopped it down for him—Hutton took his half away in his apron, and Tack had his half cut up in pieces.

Cross-examined by MR. PHILLIPS. Q. Who generally pays for the pitching? A. It is paid by the salesman, and deducted from the account of meat—the person that owns the meat is entitled to the pitching—it is different at different inns—at our place, it goes to the carrier or the innkeeper—I cannot say how much meat Austin brought—it was wrapped in cloths—it had the appearance of veal, but I did not open tat cloths—Hutton came to me afterwards, and said he came to be paid for the meat which was left there in the morning—he did not say which his master had left—I did not see Hutton come with the meat in the morning—I asked my father whether he knew Hutton—he said he bad known him about twenty years, and I then let him have the meat.

Cross-examined by MR. ROE. Q. Did Tack but this pig of you? A. No—he took away a side—a whole pig was divided into two—one side was cut into joints—Hutton carried that away, and Tack the other.

THOMAS HERDSFIELD. I am an officer of the City of London. On the afternoon in question, a little before three o'clock, I saw Hutton and Tack in Newgate-market—they had a side of pork each, and, in consequence of suspicion, I stopped them.

Cross-examined by MR. PHILLIPS. Q. And charged them with stealing a hamper of meat? A. I did, and they denied it.

WILLIAM SALES. I come from the Rose Inn, Smith field. A good many hampers came there on Saturday morning, the 7th of May, bat none from a person named Smith, by Smith's wagon.

Cross-examined by MR. PHILLIPS. Q. How many men are there to take in the meat at the Rose Inn? A. Six altogether, on a Saturday—I could not name all the persons that sent meat that Saturday—Smith is not a common name—I cannot swear that many persons named Smith send meat to the Rose Inn—the five other men received things that came by the wagon as well as me—three carriers came to my master's that day—I cannot tell the names of the persons who sent goods by them—there may have been a person named Smith who sent things by these carriers.

MR. CLARKSON. Q. Did any wagon come up from Smith on Saturday the 9th of May at all? A. No—we had one come in on Friday the 8th.

BENJAMIN DOWLING. I am in the habit of transacting business for Mr. Osmond, and sell his meat most weeks. On Saturday, the 9th of May, I expected two hampers of meat, and one flat of offal—I only received one hamper and one flat of offal—I have no memorandum with me of the contents of the hamper which I did not receive—I had received a letter, but I cannot find it—I have looked for it, but I suppose it is mislaid, if Mr. Humphreys has not got it—he asked me for it a few days ago, and I told him if he had not got it I had lost it—I am not certain whether or not I put it on my file—I looked there, but could not find it—I searched in my desk and everywhere—I was told in the letter that I was to receive five sides of veal, two pigs, and three calves' heads—that is what I expected to receive.

Cross-examined by MR. PHILLIPS. Q. How do you remember that? A. By reading the letter—I dare say there were other things in it—he hoped I should make a good sale of his meat—I am in the habit of receiving a good deal of meat from Dorsetshire by the railroad, but I never saw any meat from that county dressed like Osmond dressed his—(looking at a letter)—this is a letter I received from Osmond, but not the one which I cannot find.

GEORGE MORGAN re-examined. I helped to pitch several hampers off the wagon—it was the one without the direction that was taken to Blake's stand—Austin was employed at the wagon generally—he was not there at the time the hamper was thrown off.

HUTTON— GUILTY.Aged 48.

TACK— GUILTY.Aged 41.

✗ Transported for Seven Years

AUSTIN— NOT GUILTY.

NEW COURT.—Monday, June the15th, 1840.

Fifth Jury, before Mr. Sergeant Arabin.

Reference Number: t18400615-1552

1552. JOHN HOLMES was indicted for stealing, on the 12th of May, 8 half-crowns, 60 shillings, and 20 sixpences, the goods of Solomon Joseph, his master; to which he pleaded

GUILTY.Aged 19.— Confined Three Months

Reference Number: t18400615-1553

1553. SARAH HOLLAND was indicted for stealing, on the 13th of May, 1 coat, value 2l. 10s.; 1 pair of trowsers, value 5s.; and 1 gown; value 6s.; the goods of Samuel Genese, her master; to which she pleaded

GUILTY.Aged 21.— Confined Three Months

Reference Number: t18400615-1554

1554. CHARLES PORTSMOUTH was indicted for stealing, on the 31st of May, 1 peck of cinders, value 4d., the goods of William Heron and another, his masters.

GEORGE FELTHAM. I am a police inspector. On Sunday, the 31st of May, at half-past nine o'clock, I fell in with the prisoner in Fondling-lane, between West Drayton and Hillingdon, about a quarter of a mile from the prosecutor's—he was carrying this bag, covered with his coat—I asked what he had in the bag—he said, "Not much"—I found it was breeze—I said, "You have been stealing this, who do you work for? "—he said, "Mr. Heron"—I said, "I shall take you into custody"—he said, "I hope not, i✗ tis✗ the first time I ever took any."

JOSEPH THORNTON. I am foreman to Mr. William Heron and another. The prisoner has been at work for them from March—we have such breeze as this.

GUILTY.Aged 28.—Recommended to mercy.— Confined One Month

Reference Number: t18400615-1555

1555. THOMAS BAKER was indicted for stealing, on the 9th of June, 1 watch, value 20s.; 1 chain, value 8d.; 2 seals, value 6d.; and 2 watch-keys, value 1s.; the goods of Thomas Hockett, from his person.

THOMAS HOCKETT. I am a gravel digger. I was at work at EnfieldHighway—the prisoner and a brother of his were there at work—at dinner time, on the 9th of June, I fell asleep for about half-an-hour, when I awoke the prisoner was gone, and my watch from my fob—the constable next day gave it to me—this is it—(looking at a watch.)

JOHN TYLER. I was at work in the same pit—the prosecutor went to sleep—I was a little dozy myself—I saw the prisoner with a stick touch the prosecutor close to his side where the watch was—he went away—I thought nothing of it.

THOMAS JACQUES (police-constable N333.) About two o'clock the prosecutor told me of the loss of his watch—I received information from Tyler, and took the prisoner the same evening—he denied it—a person after that came and told me that the prisoner wanted to see me—I went and asked him if he was inclined to tell me or show me where the watch was—he said, "Don't let us go till it is dark"—at dark he took me to a gravel-pit where the robbery was committed, and then went across the fields to the hedge—he pulled it out and gave it to me.

GUILTY.Aged 18.— Confined Six Months

Reference Number: t18400615-1556

1556. BENJAMIN BOWELL was indicted for stealing, on hie 15th of May, 1 pair of boots, value 5s., and 1 pair of shoes, value 5s.; the goods of Benjamin Webb.

BENJAMIN WEBB. I am a wheelwright, and live on Addle Hill, Doctors' Commons. I missed these boots and shoes (examining them) on Sunday morning, the 17th of May, from a room adjoining my counting-house, which is up stairs from the yard—the prisoner has known my premises all his life.

ALEXANDER WILSON I am a shoemaker, and live in Holborn-hill. On the 16th of May the prisoner came about eight o'clock in the morning, and offered this pair of shoes for sale, which I bought of him for 2s.—in about ten minutes he brought these boots, which I bought of him for 3s.—coming again so soon, I asked where he lived—he said in Robin Hoodcourt, Shoe-lane—the shoes and boots were inquired for on the Monday, and I stated that I had them.

WILLIAM BUTLER (City police-constable, No. 307.) I took the prisoner on this charge, on the 18th of May—he was lying on the floor—his brother gave him in charge—I told him had placed himself in a very serious situation—I asked him about the boots and shoes—he said he took them, and sold them at Mr. Wilson's, in Holborn-hill, for 5s.

Prisoner. I am not guilty.

(The prisoner received a good character.)

GUILTY.Aged 39.— Confined Six Months

(There was another indictment against him.)

Reference Number: t18400615-1557

1557. GEORGE SMITH was indicted for stealing, on the 6th of June, 60 yards of linen cloth, value 2l., the goods of Henry Sharpe.

JAMES BLACKMAN. I am in the service of Henry Sharpe, a draper in Aldermanbury. About half-past ten o'clock in the morning of the 6th of June, I left a lad in the warehouse, and went down stairs—when I returned, I saw the prisoner going out with these two pieces of linen—he was quite a stranger, and had no right there—I followed, and saw him in Fountain-court—I ran and collared him, and took him back to the warehouse—he is the same person that I had seen step out—he had these two pieces of black Irish linen—one is thirty-one yards, and the other twenty-eight yards.

THOMAS DOWLING (Citypolice-constable, No. 470.) I took the prisoner, and have the property.

Prisoner's Defence. I was going through the City, and a man asked me to carry it.

GUILTY.Aged 18.— Transported for Seven Years See Old Court, Wednesday.)

Reference Number: t18400615-1558

1558. WILLIAM BARKER was indicted for stealing, on the 21st of May, 6 bed sackings, value 12s., the goods of Charles Dagnall.

JOHN FARMER. I am carman to Mr. Charles Dagnall, a rope and sacaking manufacturer. On the 21st of May, I was in Cripplegate with the cart about four o'clock in the afternoon—I went into Mr. Clark's, a worsted dyer, for about four minutes—as I came out a boy said, "There is a man in your cart with a white smock-frock on, taking something"—I ran to the top of Moor-lane, and saw the prisoner with a parcel in a bag—I said, "They are my sackings"—he said, "No, they are not"—I caught him—he threw them down, and got away—I took up the sackings and sung out, "Police"—a policeman came and took him instantly—these are my master's sackings—they were in the prisoner's bag—he said some man round the corner gave them to him.

JOHN STAINS (City police-constable, No. 152.) I heard the cry of "Stop thief"—I went to the end of White's-court, and the prisoner was taking off this smock-frock—he saw me, and dropped it, I ran and took him and the frock—he threw his hat off—he said a person gave him the sackings to carry to a court, but he refused to say where it was.

Prisoner's Defence. William Brown gave them to me to take for him.

GUILTY.*Aged 21.— Transported for Seven Years

Reference Number: t18400615-1559

1559. MICHAEL O'DAY was indicted for stealing, on the 20th, of May, 1 spade, value 3s., the goods of Thomas Carpenter.

THOMAS CARPENDER. l am a labourer. I was working at the Cemetery in Kensington, on the 20th of May, I used my spade before breakfast—when I came back it was gone—I saw the prisoner in the Catacombs when I went to breakfast—I do not know whether he worked there—next day I saw Dyer working with it—this is my spade—(looking at one)—I have several marks on it.

EDWARD DYER. I am a labourer. The prisoner came to my lodging with this spade, and said, he had bought it for 6d., that he had been working with it, but he had no more work—I said, "What will you do with the spade? "—he said, "Sell it, or pawn it, " and I gave him 6d. for it.

ROBERT WOODYER (police-constable V54.) I took the prisoner in charge.

Prisoner's Defence. I bought it for 6d. the day before, and then I came to London, and sold it to this boy.

GUILTY.Aged 18.—Recommended to mercy.— Confined Six Days

Reference Number: t18400615-1560

1560. STEPHEN EATON was indicted for stealing, on the 16th of May, 3 napkins, value 8d., the goods of Joseph Shepherd.

ELIZABETH SHEPHERD. I am the wife of Joseph Shepherd, and keep a broker's shop in Weir's-passage, Somers-town. I saw the prisoner and two others pass the door—the napkins were hanging on the door, and in a short time after they were missing—I went out, and saw the prisoner with them in his hand in Wilstead-street—he was showing them to two other boys—I caught hold of him, the other two ran off—I struggled with the prisoner about a minute, and then he got from me, but was taken immediately—he said he bad them thrown at him.

JOSEPH WILLIAMS. I am a police-constable. I took the prisoner.

Prisoner's Defence. I was looking at a parcel of people, and these were chuckedon my shoulder.

GUILTY.Aged 18.— Confined One Month

Reference Number: t18400615-1561

1561. WILLIAM SMITH was indicted for stealing, on the 1st of June, 1 handkerchief, value 2s. 6d., the goods of William Lloyd Birkbeck, from his person.

WILLIAM LLOYD BIRKBECK. I was walking along Holborn, between twelve and one o'clock at night, on the 1st of June—I felt some one touch my pocket—I turned round, and saw the prisoner walking away—I missed my handkerchief—I followed and stopped him—he gave up the handkerchief, and surrendered—I called a policeman, he then struggled, and endeavoured to get away—he drew the handkerchief from his breast pocket, and gave it me—one of my pockets was torn down—it is probable that the handkerchief might have dropped out—this is it—(looking at one.)

ALGERNON ATTWOOD. I was walking up Holborn with the prosecutor, he turned and ran back about twelve yards—I turned and saw him speaking to the prisoner—I saw the prisoner take this handkerchief out of his breast, and give it back—we took him—he then said it was through distress, and struggled violently to get away—we kept him till the officer took him.

Prisoner's Defence. I picked it up.

GUILTY.Aged 18.—Recommended to mercy.— Confined Three Months

Reference Number: t18400615-1562

1562. THOMAS WALKER was indicted for stealing, on the 4th of June, 1 stand, value 3s.; 1 glass shade, value 8s.; 8 scent-bottles, value 2l.; and 4 ink-stands, value 9s.; the goods of James Stains.

JOSEPH BOND. I live with James Stains, a china and glass manufacturer, in the Minories. I was opening the shutters, about half-past seven o'clock in the morning of the 4th of June—while I was backwards and forwards I saw the prisoner come in, take the articles stated off the counter, and carry them off—I followed him, and cried "Stop thief! "—he threw them away, and broke some of them.

JAMES STAINS. These are my property.

Prisoner's Defence. I had been out of work four months, and was running to St. Katherine's Dock to get a job, when I was taken.

GUILTY.Aged 22.— Confined Six Months

Reference Number: t18400615-1563

1563. THOMAS HAWKINS was indicted for stealing, on the 3rd of June, 1 spoon, value 5s., the goods of John Pullen.

ANN PULLEN. I am the wife of John Pullen, a confectioner, in Fleetstreet. On the morning of the 3rd of June the prisoner came in, and took the spoon off the counter—a lady in the shop ran to the door, and said, "Stop thief! "—a gentleman took him, and he dropped the spoon—this is it—(looking at it.)

FREDERICK ADAMS. I was going down Chancery-lane—there was a cry of "Stop thief! "—I took the prisoner, and as I was going back to the shop he was working the spoon down his trowsers.

GEORGE WARDLE (City police-constable, No. 325.) I saw the prisoner in the custody of Adams—he was working something down his thigh, and presently this spoon came out from his trowsers, in going over a grating—I picked it up, and took him.

GUILTY.*Aged 18.— Transported for Seven Years

Reference Number: t18400615-1564

1564.✗ JOHN GREENWOOD was indicted for stealing, on the 29th of May, ✗ 1 basket, value 1s. 6d.; 16 bottles, value 4s.; and 16 quarts of wine, value 2l. 4s.; the goods of Stephen Henry Fairn.

WILLIAM BARDWELL. I am a fireman. On the 29th of May I was at the prosecutor's house, where I lodge, between five and six o'clock in the evening I went into the cellar, and heard some one there—I looked, and saw the prisoner bringing a hamper from one end of the cellar to the front, and place it on an ale-barrel, and then on a butt—he then opened the cellarflap, and put the hamper of wine out on the pavement—I went up, and asked Mrs. Fairn if she had any one at work in the cellar—she said, "No"—I asked her to go out, she did, and I found the basket—the prisoner was still in the cellar—he had not seen me—he was taken when he came up out of the cellar, by the door—I am sure he is the person.

BENJAMIN WOOD (City police-constable, No. 526.) I was in Towerstreet—Mrs. Fairn sent for me—I went to the house, and took the prisoner in front of the bar—I saw the hamper—it was full of bottles of wine.

STEPHEN HENRY FAIRN. I keep the house. I saw the hamper—it contained sixteen bottles of wine, which were mine—I know the prisoner by his bringing bottles from time to time—he had no business in the cellar—he had forced the staple from the cellar, and knocked it in.

Prisoner. I am not guilty.

GUILTY.Aged 17.— Transported for Seven Years

(There was another indictment against the prisoner.)

OLD COURT.—Tuesday, June16th, 1840.

Second Jury, before Mr. Common Sergeant.

Reference Number: t18400615-1565

1565. EDWARD SMITH was indicted for stealing, on the 1st of June, 1 handkerchief, value 2s., the goods of Francis Pierson, from his person.

FRANCIS PIERSON. I live in Pitt's-place, Southwark. About twelve o'clock, on the 1st of June, I was in Smithfield, looking at the beasts, and my silk handkerchief was drawn out of my pocket—I saw the prisoner close to me, and he had it in his hand—this is it—(looking at it.)

THOMAS ISSITT. I am a policeman. I received the handkerchief from the prosecutor.

GUILTY.*Aged 16.— Transported for Ten Years

Reference Number: t18400615-1566

1566. JOSEPH BILLION was indicted for stealing, on the 4th of June, 1 purse, value 5s.; 2 sovereigns, 1 half-sovereign, 1 half-crown, and 4 sixpences; the property of George Orred, from his person.

GEORGE ORRED. I live at Ruberry Park, Hampshire. About halfpast three o'clock, on the 4th of June, 1 was walking up Ludgate-hill—I had seen my purse safe about ten o'clock—I did not miss it till I received information—it contained two sovereigns, a half-sovereign, a half-crown, and four shillings—this is it—(looking at it.)

CHARLES MURRAY. I live in Portland-street. On the 4th of June, about half-past three o'clock, I was in an omnibus, going up Ludgate-hill—I saw a man, not the prisoner, take a purse out of he prosecutor's pocket—he crossed the street, and ran away, with it—I got out of the omnibus, followed, and caught him, the prisoner came up, and said, "Jack, hand us the purse, " or, "Give me up the purse"—he gave it to him, and I took it from him—that was about two minutes after I saw the other man take it—I took hold of him immediately after.

Cross-examined by M. BALLANTINE. Q. You ran after the man that took it? A. Yes—I had watched them about five minutes before the purse was taken, and bad seen the prisoner in company with the man who took it—I had seen them together for four or five minutes watching the gentleman, which aroused my suspicion.

JURY. Q. When the prisoner got the purse, did he endeavour to escape? A. No, because I had hold of him—I laid hold of him directly he spoke.

(John Payne, boot-maker, of Whitecross-street, gave the prisoner a good character.)

GUILTY.*Aged 18.— Transported for Ten Years

————

Reference Number: t18400615-1567

1567. WILLIAM SMITH, alias Watts , was indicted for stealing, on the 18th of May, 1 copper, value 12s., the goods of John Hatton.

THOMAS UNDERTON. I am a plumber, and live in Old-street-road. On the 18th of May, Mr. John Hatton, who is a neighbour of mine, asked me to let this copper be in my front court, which has rails round it—I saw it put there—I was called down, and missed it that day, and saw the prisoner with it—this is it—(looking at it.)

WILLIAM CHARLES WOLLARD. I saw the prisoner take the copper out of the fore-court, and carry it about twenty yards—I followed, and brought him back with it—he said he took it for want.

Prisoner. Q. Did not I wait at the door till the prosecutor came down? A. Yes.

Prisoner's Defence. I did not have it in my possession when the prosecutor came down, and he said he did not miss it, but a lad called him down, and said I had attempted to take it away.

GUILTY.Aged 29.— Confined Three Months

Reference Number: t18400615-1568

1568. WILLIAM CARTER was indicted for stealing, on the 18th of May, 2 shillings, 1 penny, and 2 halfpence, the monies of Richard Pitt, his master.

RICHARD PITT. I am a metal merchant—the prisoner was my errandboy for two years. On the 18th of May, in consequence of having lost 50l. since Christmas, I marked 3 half-crowns, 3 shillings, 3 sixpences, 20 pennypieces, and 20 halfpence, and placed them in the till about four o'clock in the afternoon—I left the shop for about ten minutes, returned, and missed 2s., 1 penny-piece, and 2 halfpence—I got a policeman, had the prisoner searched, and the 2 shillings were found in his boot, and the copper in his pocket, with my marks on them—these are them—(looking at them.)

Cross-examined by MR. PHILLIPS. Q. How old is he? A. About twelve—I took him out of charity—he has got a bad mother—I turned him away for robbing me—I had turned him away previously for insolence—I took him back from the solicitations of his family—his sister came to solicit me—I placed confidence in him—I have sent him out with 20l. and 30l. at a time—I have no shopman—I gave him 3s. a week—he lived with his mother.

JOHN LAWRENCE. I am a policeman. I found 2s. in the prisoner's right boot, and the copper in his pocket.

(The prisoner received a good characte.)

GUILTY.Aged 10.—Strongly recommended to mercy.— Confined

Three Days.

Reference Number: t18400615-1569

1569. JANE COL IER was indicted for stealing, on the 16th of May, 1 sovereign, and 2 half-crowns, the monies of Robert Pizza, from his person.

ROBERT PIZZALA. I live in Kirby-street, Hatton-garden. About twelve or one o'clock on the night of the 16th of May I met the prisoner in Amwell-street, Pentonville—she took hold of my arm, and wanted me to go with her—I refused—she wanted me to treat her—I could not get rid of her—she kept following me, and caught hold of my arm—she had not left me three minutes before I felt in my pocket, and missed a sovereign from my right-hand breeches-pocket, and two half-crowns from my other pocket—I had not felt her hands in my pocket at all—she had kept hustling about me—I was quite sober—I went after her, and accused her of robbing me—she said, "I have robbed you of two half-crowns, " which she gave me back—I said, "You have robbed me of a sovereign as well"—directly I said that, the policeman came up—I gave her in charge, and the sovereign was found on her.

Prisoner. Q. Did not you speak to me, instead of my speaking to you? A. No.

Prisoner. He gave me some halfpence and a shilling, as I thought it was, and directly the policeman came up, he said I had robbed him—he said he had given me two half-crowns, but I never had a half-crown in my hand—the halfpence and sovereign he gave me when he wanted me

to go across the road—I never gave him a farthing back at all. Witness. I gave her nothing—I had halfpence in my pocket, but I gave her none.

THOMAS HARRINGTON. I am a policeman. I took the prisoner into custody, and told her she was accused of stealing a sovereign—she said she knew nothing about a sovereign, that she had given the prosecutor two half-crowns back, and that was all she had.

CHARLES SCOTCHMER. I am a police-inspector. The prisoner was brought to the station-house—I asked what she had in her hand—she said, "A shilling, some halfpence of my own, and some halfpence the gentleman gave me"—she put them down, and among them I found a sovereign.

Prisoner's Defence. I said it was a shilling and some halfpence the gentleman gave me, I did not know it was a sovereign.

GUILTY.*Aged 40.— Confined Six Months

Reference Number: t18400615-1570

1570. ELIZABETH JONES was indicted for stealing, on the 19th of May, 6 sovereigns, the money of John Wakeman, from his person.

JOHN WAKEMAN. I am a tailor, and live in Anchor-street, Haymarket. On the 19th of May I went to a public-house, and had some brandy and water—about one o'clock at night I was coming from Gloucester-place, New-road, and met the prisoner in Mary-le-bone-lane—I had six sovereigns in my waistcoat-pocket, and a ₤10 note in my trowsers pocket—I missed the six sovereigns—I did not go any where with her to my knowledge—I did not see her take the sovereigns—the policeman came up and found me with her down the mews—I had not given her any thing—I was drunk.

Cross-examined by MR. PRENDERGAST. Q. Did you not say at the police-office, "I did not go into any mews that I know of? " A. No—the policeman saw me in the mews—I do not recollect going there—I did not go into any house I am certain—I had an umbrella—I do not recollect leaving it at any house, and the prisoner going and fetching it—I gave her no money—I might have gone to a house and not remembered it—she told me she had lived at so-and-so, and I thought she was a person I knew, and we got into conversation—I did not say I had got a keepsake for her, nor feel in my pocket for one—I do not recollect going to any public-house with her—before I met her I was drinking with a butler where I had been to receive some money—I parted with him in Gloucester-place, New-road, and after leaving him I went to a beer-house.

COURT. Q. Do you recollect the policeman asking you whether the money was yours, and your saying it was not yours? A. I do not, for to my recollection I said, no, it was not my money—he asked if I had money about me—I said, "Yes, " and presently I found six sovereigns gone—I do not remember picking up a sovereign that had fallen✗ down.

JAMES LEE. I am a dyer. I was passing down Mary-le-bone-lane, and saw the prosecutor very drunk, with the prisoner on the opposite side of the way—bearing money jink, I thought it was not altogether right—the prisoner saw me, and threw down some money on the step of a door, and said, "That is all, there is four"—she took it up again, and she and the prosecutor went round the corner into the mews—I saw a policeman, and told him what I had seen—we went down to them—the policeman asked what they did there, and said to the prisoner, "What money is that you have in your hand? "—she handed out four sovereigns to the

policeman—he took it, and asked the prosecutor whether he had lost any money—he said, "No"—the policeman said, "You have been robbed? "—he felt in his pocket, and said, "Yes, I have"—the prisoner was reluctant to go to the station-house, and so was the prosecutor, and in moving her cloak off going to the station-house, another sovereign dropped out of her hand.

Cross-examined. Q. Are you quite sure it did not drop from him? A. Yes—he was not near her—they were not many yards apart—as they were going to the station-house one sovereign dropped from her hand, and on removing her further, another dropped, as she acknowledged herself—I should say it dropped from her—she said he had dropped them from his pocket, and she had picked up the four—I do not recollect her saying she picked up the other two in the mews—she might have said so at the station-house, but when in the mews she said she bad picked up the four she gave the policeman.

JOHN GRAINGER. I am a police-sergeant. In consequence of what Lee said to me I watched for about two minutes, and saw the prisoner feeling about the prosecutor's breeches pockets—I directly went down to them—she said, "It is all right, policeman, we are fellow-servants together, and live at 19, York place"—I said, "I suspect you have robbed him, what have you in your hand? "—she said, "Four sovereigns, " which I took out of her hand—I turned to the prosecutor, and asked if he had lost any thing? —he said, "No, it is all right, it is not my money"—I said, "Have you any money about you? "—he said, "Yes, 16l. odd"—I said, "Feel in your pocket, and see if you have lost any thing"—he said, "Yes, I have not a farthing, " but in his pocket he found a 10l. note—the prisoner's hands were under her cloak—she refused to take her hands out—I was going to take her cloak off, and in moving she dropped a sovereign which I took up—she made a sort of stumble towards the prosecutor, and another sovereign dropped, which Lee picked up.

Cross-examined. Q. Did she stumble twice or once? A. I do not feel positive—she did not fall against the prosecutor, but stumbled towards him—I think she said she had picked up the two sovereigns in the mews—she did not tell me she had picked up the first four—I said, "What have you here? "—she said, "Four sovereigns" and gave them to me—the 10l. note was in his trowsers pocket among some loose papers—he was not very drunk—he became collected, and was able to sign the charge.

not guilty.

Reference Number: t18400615-1571

1571. JAMES SELL was indicted for stealing, on the 20th of May, 1 handkerchief, value 2s., the goods of a man whose name is unknown, from his person.

JAMES SIMMONS. I am porter at the Spread Eagle coach-office, Gracechurch-street. About a quarter-past nine o'clock on the evening of the 20th of May, a gentleman came and inquired about the rail-road, and when he had got about twenty yards from the place I saw the prisoner follow him and take his handkerchief out of his pocket—he turned round to go up the market—I caught hold of him and detained him—the gentleman walked on, and I could not get to him—this is the handkerchief the prisoner bad in his hand when I took him, and which I saw him draw from the pocket.

Prisoner. Q. How far was I from you? A. I was close behind you.

Prisoner. In coming along Gracechurch-street I saw something lying

down; I took it up; the witness crime up; I asked him if it belonged to him; he said no, but he knew who it belonged to; I said I would give it to the owner; he endeavoured to snatch it out of my hand, but could not succeed, and he gave me in charge. Witness. He begged me to let him go—I said, "Yes, I will, as soon as I give you in charge"—I could not detain him and the gentleman too, as they went different ways.

THOMAS BRAY. I am a policeman. I received information from Simmons, who had the prisoner in custody—the prisoner had the handkerchief closed in his hand—there are no marks on it—the gentleman was gone.

GUILTY.*Aged 28.— Confined Six Months

Reference Number: t18400615-1572

1572. JOHN SMITH and GEORGE PICKERING were indicted for stealing, on the 16th of May, 1 shilling, the monies of Jane Steel, from her person.

JANE STEEL. I live in Chapel-street, St. George's, with my parents. On Saturday night, the 16th of May, I was in Whitechapel-road, looking at a man writing on the pavement—there was a crowd—the policeman asked if I had lost any thing—I took my money out of my pocket, counted it, and missed a shilling, which was safe twenty minutes before.

GEORGE TRUE. I am a policeman. I was on duty about half-past six o'clock in the evening, in private clothes—I know both the prisoners, and thought it right to watch them—I saw them attempt several females' pockets, both of them, especially Pickering—I saw them at last come up to Steel, opposite the London Hospital, and saw Pickering put his hand in her pocket—the other saw me and gave him a nudge—they both came away—I caught hold of them both, and Pickering dropped a shilling—I went to the prosecutrix, and asked if she had lost any thing—she felt, and missed one shilling—while Pickering was trying the different pockets, Smith was standing behind him covering him.

Smith's Defence. I met the other boy at Whitechapel church; he had one shilling, and said he had two shillings when he came out, but had spent one since he was out.

Pickering's Defence. I had three 3 shillings and sixpence in the morning, and was going to buy some paints with the remainder.

SMITH— GUILTY.** Transported for Ten Years

PICKERING— GUILTY.Aged 12. Confined Six Days

Reference Number: t18400615-1573

1573. ELIZABETH LEE and WILLIAM WARD were indicted for stealing, on the 27th of May, 4 bottles, value 8d.; 4½ pints of wine, value 10s.; 1½ pint of brandy, value 5s.; 2lbs. of bread, value 4d.; 3lbs. of flour, value 6d.; 7oz. of sugar, value 4d.; 11/4lb. of bacon, value 10d.; and 6 eggs, value 6d.; the goods of Thomas Harrison, the master of the said Elizabeth Lee.

THOMAS HARRISON. I am the master of Lee, and live at Manor Cottage, Harrow-road. I kept the Tavistock Hotel, Covent Garden, for thirty years, and was formerly waiter there—the prisoner was my cook at Manor Cottage—Ward was my groom—on Monday morning the 27th of May, the constable came to my house and gave me information, in consequence of which I asked Lee if she had seen any body—I did not speak to her before the officer came—I will not swear I did not tell her she had better tell the truth—I might have said, "Tell the truth, did you give the man the bread and meat? "—I have examined some bottles of wine and brandy,

which are in court—I believe them to be mine—Ward had been discharged about ten days when this happened.

Cross-examined by MR. ROE. Q. How do you know the wine? A. By the look of it, and the bottles—Ward lived with me about fifteen months, and behaved very well.

ANN HARRISON. I am the daughter of the last witness. I know the brandy corks were marked similar to these—here is a towel which is marked similar to one which I believe to be ours—we have not missed brandy—we have a large stock.

Cross-examined. Q. Does your father ever send brandy from his hotel? A. Not this kind—we do not take care of the old corks.

WILLIAM LIQUORISH (police-constable G173.) About four o'clock on the morning of the 27th of May, I met the prisoner Ward, who had two bundles, one contained a 2lb. loaf, and the rest of the articles produced—I asked what he had in the bundle, he said some pieces of victuals—I asked what was in the other bundle, he said "Some lettuce"—I asked him to let me look at it—he said, ''For God Almighty's sake, don't say any thing, or I shall be transported"—I asked where he brought it from, he said, "From Mr. Harrison's, cowman, at Kensall Green"—I had met him about two o'clock that morning going up towards Mr. Harrison's, and he spoke to me—I asked if he did not live with Mr. Harrison, he said not—I said, "I suppose you have been at a spree"—he said, "No, I have been at a concert"—when I met him it was about four o'clock—I followed him with the bundle—I went to Mr. Harrison's, and saw him; the servants were called one at a time—Lee was the last that was called in—I was present when she first came into the room—Mr. Harrison made her no promise or threat, nor gave her any hopes of forgiveness if she told any thing—he said, "Have you seen William this morning? "—she said, "Yes, I have"—I said to her, "What time did you see him? "—she said, "About three o'clock this morning"—she said she had given him the things—she denied having given him the eggs, the wine, or the brandy—here is a whole loaf that she said she had given him, and the other things.

ANN HARRISON re-examined. The wine and brandy we keep in a larder—there are four binns where it was kept—it was locked—my father keeps the keys in a drawer in the drawing-room, and he keeps the key of the drawer—Ward has been in the drawing-room—I cannot say whether he knew where the key was kept.

Cross-examined. Q. Do the servants sleep in the house, or in a separate building? A. One sleeps in the house, the other sleeps across the yard.

WILLIAM LIQUORISH re-examined. Having heard Mr. Harrison kept the key himself, I asked Ward, when I went into his cell, if he had got the key—he said, "No, I have not"—I said, "You must have one somewhere"—he said, "I threw it into the canal just before you came up to me."

LEE— NOT GUILTY.

WARD— GUILTY.Aged 18.— Confined Six Months

Reference Number: t18400615-1574

1574. HENRY BEATER and WILLIAM ALFRED ENGLISH were indicted for stealing, on the 6th of May, 9 handkerchiefs, value 18s., of George Stagg and another; and ANN O'BRIEN, for receiving the same, knowing them to be stolen.

WILLIAM ARNOLD. I am in the service of George Stagg and Mr. Hunt. On the 6th of May I missed nine silk handkerchiefs—these are

them—I saw the two male prisoners by the shop that morning, and had seen them for several days before—they came into the shop several times and asked for trifling things, which we did not serve them with—I went with the officer after them, and found the handkerchiefs at a marine-store dealer's shop, kept by O'Brien.

Cross-examined by MR. PHILLIPS. Q. You found her husband at home, I believe? A. He was not within, but he came in afterwards, and I saw him—Thornton, the officer, said he had received information that she had bought two pieces of silk handkerchiefs—she denied it—they were separated when found, but when I lost them they were in pieces—I cannot swear positively to the handkerchiefs, but they are the same pattern, and to the best of my belief they are my master's—there if no private mark on them.

Cross-examined by MR. PAYNE. Q. Do these nine handkerchiefs make two pieces? A. They make three pieces—they are worth 18s.

CHARLES PHILLIPS. I live at No. 18, Stacey-street. On the morning of the 6th of May, I saw the prisoners, Beater and English, in Graftonstreet—I knew them—English showed me two pieces of handkerchiefs, they were a kind of red colour like these, quite new—I do not know whether they were in pieces—they were round their persons—he said they had been stealing two pieces of handkerchiefs—he asked me to go with him to sell them—I went to the top of Monmouth-court, to Mrs. O'Brien's shop—I saw Beater and English go into the shop—I did not hear what passed—they came out and said they had sold one piece for 8s., and one piece for 10s.—I am sure that is true—I cannot say whether I had been with them before at this sort of thing.

Cross-examined by MR. PHILLIPS. Q. You forget whether you have been before on such things? A. I did not hear what his lordship said—I know Thornton the policeman by sight—I know him, being a policeman—I have never been on speaking terms with him—I never spoke to him except on this business—I saw him between the 7th and 16th of May, not daily—I saw him once in that interval, that was on a Saturday—I cannot call to mind the date—it was the 15th—I know the archway at the top of Monmouth-street, leading into Monmouth-court—I very often go there—the witness, Thorpe, sometimes goes with me—I was not there at all between the 7th and 16th of May—it is not a place which respectable boys go to—I was a respectable boy once—it is two months ago since I was at work—I am not respectable now—I have been respectable up to fifteen years of age.

Q. How long is it since you got out of the Refuge, under pretence of getting a holiday for a day? A. Two years ago—my mother sent me to the Refuge, because I should not go along with bad boys—I was in prison three months before I went to the Refuge—I was twice in prison—that is all—I had a month on suspicion, and once for stealing knives and forks—Harrison the cutler's name was on them—I was discharged from that after being in custody one day—they could not prove it against me—the knives and forks were found on a man named Scates—my mother keeps me now, as I am out of work—I never spoke to Thornton before I gave him the 'information—I remember his searching O'Brien's house—Thorpe and I were there together—there were three policemen searching the house—it was on Thursday, the 7th of May—I did not see Thornton on the 8th—I did on the 9th, and spoke to him—I met him and spoke to him—I did not speak to him on this business on the 9th—this was after the robbery—I asked him how

Mr. O'Brien got on, I am sure of that—I had given him the information before the 9th, and on the 9th I asked him how the O'Briens got on—he told me they were remanded; and he also told me that on the 16th he would apply to the Magistrate to remand Mrs. O'Brien, in order that he might obtain us as witnesses—it was me spoke to him on the 9th—I did not see him on the 10th, 11th, or 12th—I saw him before the 16th—about the 10th I saw him—I saw him on the 7th, 9th, and 10th—Thorpe and I did not call out " b——cuds"when the policemen were searching O'Brien's house, nothing of the kind—I first gave Thornton information on the 7th, and I spoke to him on the 9th and 10th—Thorpe and a lot more boys were with me at O'Brien's door when the policemen were searching the house—we did not say any thing—I have known Thorpe about two years—the archway at the top of Monmouthstreet is a receptacle for thieves—I was there almost every day—I did not tell you I was not—I was there every day.

Cross-examined by MR. PAYNE. Q. What is your real name? A. Charles Phillips. I have gone by that name ever since I was born—I have been three times in custody altogether—I am eighteen years old.

JOHN THORPE. I live at No. 31, Broad-street, St. Giles's. On the 6th of May I was with Phillips in Grafton-street, Beater and English came up and said they had been and stolen some handkerchiefs out of Stagg's shop in Leicester-square, and they were going to sell them at Mr. O'Brien's—they showed them to me in their bosom, they looked like these—they asked me to go round with them—I went as far as the top of the court in Monmouth-street, where O'Brien lives—they went in, I waited till they came out again—I did not see who they saw in the house—when they came out they said they had sold them for a half-sovereign and eight shillings, and I saw a half-sovereign and eight shillings—I believe these to be the handkerchiefs they showed me.

Cross-examined by MR. PHILLIPS. Q. How old are you? A. Nineteen—I have known Phillips about eight years; I knew him by going to school with him, he is a respectable boy—I have known him intimately for eight years—I know nothing wrong of him myself—I consider him respectable—I consider myself so—it is about eighteen months since I was at the Refuge—I was sent there for disobedience, for doing that I ought not to have done.

Q. What was it you ought not to have done, that you did? A. Why, stealing—I have not been respectable, but I am now—I was in prison six months ago—there has been no charge against me since that, except on suspicion through Mr. O'Brien's friends—that was for some knives; the same knives that Phillips was taken up about—we were both taken together last Saturday I believe—I was accused wrongfully—I was never in custody except on those two occasions—yes, for some cigars once about ten weeks ago, but I was innocent.

Q. Are those the only three times you have been in custody during your life? A. Oh no, not during my life—I cannot tell how often I have been in jail—I have a very fair memory, but that is a thing I do not recollect—I might have been twenty times in jail—it was partly through such people as the O'Briens—I do not bear them any very good will—I know the archway in Monmouth-street—I was there about three weeks ago—there is a publichouse on one side and an iron shop on the other—I know Thornton by being in the police, that is all—I have known him about six or eight weeks, not on this business, on other business—I am not one of his regular cads—I

have given him information a few times for the sake of Justice—I have not told him what I stole myself, not since I have been with him, not since I have known him—he has given us about 3s. since we have been here for dinner—I never had any more from him nor had Phillips, to my knowledge—I was at O'Brien's house when it was searched by the police—I did not say any thing to the policemen at the door—I might have spoken about them to the lads about, but never to the constables—I do not recollect what I said—I did not call them "b——cabs"nor did any body in my hearing to my recollection—cadmeans a constable in disguise—I do not recollect calling the policeman "b——cads'—I won't say I did not say so, I might—I do not recollect whether I did or not—I cannot say how many times I saw Thornton from the 7th till the 16th, three or four, I believe, when I was in company with Phillips—I cannot give the dates—I cannot swear I did not speak to Thornton half-a-dozen times from the 7th to the 16th—Thornton applied to the Magistrate to remand Mrs. O'Brien, that he might produce Phillips and me as witnesses.

STEPHEN THORNTON. I am a policeman. I went to No. 8, Monmouthcourt, on the 7th of May, about two o'clock in the day, and saw Mrs. O'Brien there washing—I said I had received information that she had bought two pieces of handkerchiefs the day before—she denied having done so—I then asked if Mr. O'Brien was in—she said, "No"—I said, "What time will he be in? "—she said, "In the course of twenty minutes or half an hour"—he came in at that moment, and I asked him, is her presence, if he had bought any handkerchiefs—he said no, he did not buy such things—I said, "Are you positive? "—he laid, yes, if any thing of the sort had been bought it must have been when he was out, for he never bought anything of the sort, what he bought was furniture and metal—I said, "You had better be positive, and look about, for I believe the information I have received is correct"—O'Brien replied, "You can search my place if you like"—I said, "I am come prepared to search your place, I have a warrant to do so; and since you have denied buying any handkerchiefs, I shall search your place"—he then said to his wife, "Have you bought any handkerchiefs? "—she said, "Yes, four"—I said, "Where are they? Produce them"—she hesitated some time, went to the back of the shop, took this basket from the wall, and took these six handkerchiefs from it—I then searched the room, and in a drawer I found three others, and a half one, and several other articles.

Cross-examined by MR. PHILLIPS. Q. You asked whether she had bought two pieces? A. Yes—these are not in pieces—they were separated when she produced them from the basket—I have known the two witnesses about ten days before they gave me this information—I cannot say the exact time—it is not six months—I never paid them for any thing—I gave them 3s., at least the smaller boy (Thorpe, ) as he said he had nothing to eat; I gave him 2s. on Saturday, and 3s. previous—I gave him 1s. at a time—I gave him the first shilling about a month ago, I think; but I can prove it, for I made an entry in my book—it is not here—the female prisoner was remanded to produce the boys—I do not recollect who asked for the remand—I would not undertake to swear that it was myself, yes, I remember now it was me—I said I could not produce them before, but would have them on the 12th—I knew where to find them—I called at Thorpe's place, where he told me he lived, and he would not come—that was after the prisoners were remanded—I cannot tell the date—I think I produced them on the 16th, but I am not prepared with dates

—they were produced with their own consent—they came forward—I had not given them the 3s. before that—I could tell you to a day when I paid the money, if I had my book—I had a great mind to bring it, but I did not think it would be necessary—it did not strike me that my paying money to the witnesses would be suspicious—I did not pay them for their information—they had some trouble in running after me—I think the prisoners had been remanded twice, when I applied for another remand to produce the boys—the female prisoner was first examined on Saturday, the 8th, I believe, and, I think, was remanded till the Saturday following, the 15th, but I will not be positive—I think I had seen the witnesses between the 7th and 16th—I told them to be at Bow-street—I cannot give the date—I think it was after the first examination—I will not be positive whether there was an examination on the 12th—I do not believe I asked the Magistrate to remand the female prisoner, because I did not know where to find the witnesses—I believe I stated to the Magistrate that the boys would not come up, not that I could not find them—if Thorpe has sworn that I did, it is false—I do not recollect saying so—I will not swear I did not say so—I will not undertake to say how often I saw Thorpe between the 7th and 12th—I do not think it was every day—it might be once or twice—I told the Magistrate I believed I could get them up—I believe the Magistrate knew us much of their characters as I did—I made application to the Magistrate to force them to come, the day they really did come up, the day Mrs. O'Brien was committed—I cannot tell how often I saw Phillips between the 7th and 12th—I am not in the habit of paying witnesses—I never did such a thing—I gave them the money, as they said they were in distress and starring—I believed that—I did not know they were thieves at the time—I knew nothing of them till about ten days before, when they came and gave me information of a robbery which was likely to take place at No. 8, Newman-street, Oxford-street, and two out of three of the parties were apprehended the following morning, over Waterloo-bridge, and the other was apprehended for robbing a tailor's shop in Rochester-row—I had no notion of the witnesses' character.

Q. You would not have given them the money, if you had? A. I do not know as to that, they had a good deal of trouble in coming after me—I do not think paying them 1s. at a time would be paying them for information they might give me—I considered both the trouble they had, and the distress they were in—I first heard they were thieves at Bow-street, at the second or third examination—I would not undertake to swear when it was—I gave them a shilling apiece yesterday, in the prosecutor's presence, as they said they had had no dinner, and they asked me for something to eat—I had given money to Thorpe on a former occasion—after I got the handkerchiefs I went again to O'Brien's house in plain clothes, with another officer in disguise—I believe Thorpe and Phillips were outside the door on that occasion, but I did not see them—I heard them outside—I believe they were outside—I did not hear them call us cads—I believe that it a term thieves use for men in plain clothes—I swear I did not hear them call us cads—I do not know whether any one did—there were two or three hundred persons in the court—the expression "b——cads" might have been made use of—I will not swear I did not hear it—I took 7lbs. weight of lead, a ladle, and a letter out of O'Brien's house that night—nothing else that I recollect—what was taken was entered in the sheet—some money was taken on a previous occasion—that has been returned to

him—it was about 5l.—this is the list of the property which was taken away—(producing it)—he has had a portion of them back—I believe all this was taken in the first instance—(the list contained a great number of articles)—all these things were taken on the first occasion—on the second occasion we only took 70lbs. weight of lead, and a ladle, such as plumbers use—I took all these things, because in searching the house I found other articles, which were identified, and they were hid in rags—I did not know that I might not find an owner for all the things—they were buried—I told the Magistrate so—I have no doubt it was taken down—this bone lucifer-box was identified by Mr. Hallett, of Holborn—I should say I did not take 100l. worth of property out of the house, but I am no judge of the different value of articles.

NOT GUILTY.

NEW COURT.—Tuesday, June16th, 1840.

Sixth Jury, before Mr. Sergeant Arabin.

Reference Number: t18400615-1575

1575. CHARLES FULLER was indicted for stealing, on the 19th of May, 4 doyleys, value 2s., the goods of Beal French; to which he pleaded

GUILTY.*Aged 14.— Transported for Seven Years

Reference Number: t18400615-1576

1576. THOMAS WORKMAN was indicted for stealing, on the 12th of November, 6 spoons, value 3l.:—also, on the 17th of December, 4 forks, value 4l.; 6 spoons, value 2l.; 1 pair of breeches, value 30s.; and 1 umbrella, value 7s.:—also, on the 11th of December, 18 spoons, value 10l.; and 6 forks, value 4l.; the goods of John Allnutt the younger, his master; to which be pleaded

GUILTY.Aged 26.— Transported for Fourteen Years

Reference Number: t18400615-1577

1577. CHARLES CAMPBELL was indicted for stealing, on the 30th of January, 71 yards of satin, value 15l. 15s.; 13 yards of velvet, value 5l. 8s.; and 49 yards of satinet, value 12l. 8s.; the goods of John Dixon, his master; to which he pleaded

GUILTY.Aged 39.— Transported for Seven Years

Reference Number: t18400615-1578

1578. JOSEPH HENRY MASSON was indicted for stealing, on the 15th of February, 2 composing sticks, value 5s., the goods of James Henry Paul, his master.

JAMES HENRY PAUL. I am a printer, and live in Monmouth-court. The prisoner was a compositor—he came to live with me about three weeks after Christmas, and in Easter week I found the petty cash-box broken open—there were fifteen or sixteen persons on the premises, and who to suspect I did not know—I did not suspect him—he charged other persons with it—I then went to look after my property, and missed seven composing sticks out of fifteen—the prisoner having absconded from my service, I went after him, and met a person who told me where he had gone to work—I went and found him—he denied it, but I went up stairs, and found the duplicates of the two composing sticks—I went with the officer, and found these two sticks, which I can swear to as being mine—he had no right to have them.

Prisoner. Q. Can you swear to that large stick? A. Yes, and can prove who I bought it of—I can swear to the other stick, because it was

my brother's—after I went up stairs and found some of my property on the prisoner, he said he had taken them and pawned them.

JAMES HAY. I am assistant to Mr. Walker, a pawnbroker, in High Holborn. This stick was pledged for 2s. 6d. in February, and this in April, by the prisoner.

Prisoner's Defence. I did not receive my money on the Saturday night, and I pledged one with intent to redeem it—I never charged any one about the cash-box, but did my best to find out who it was.

(The prisoner received a good character.)

GUILTY.Aged 24.— Confined Three Months

Reference Number: t18400615-1579

1579. EDWARD BEAMOND was indicted for stealing, on the 5th of June, 35 yards of ribbon, value 13s., the goods of John Brown Heeles and another, his masters; to which he pleaded

GUILTY.—Recommended to mercy.— Confined Nine Months

Reference Number: t18400615-1580

1580. JOHN COONE was indicted for stealing, on the 19th of May, 19 yards of carpet, value 14s.; the goods of John Naylor.

WILLIAM ADKINS. About five o'clock in the afternoon of the 9th of May, I saw the prisoner come away from the step of Mr. Naylor's door, in Titchfield-street, with a piece of carpet in front of him, he was putting his apron over it—the carpet has not been found—it was streaked with red—he walked quite slowly off the step, I thought it a slovenly way of taking goods out, it did not strike me it was a robbery, but it did afterwards, and I went to Mr. Naylor, and called to him—he did not hear me at first, and the prisoner got off—on the Thursday following, I saw him in custody, and knew him to be the same person—the officer brought in two prisoners—and I knew this prisoner directly—he was taken from my description.

Prisoner. Q. Why did you not take me? A. I did not know but that you were the shop-boy.

JOHN NAYLOR. The carpet was mine—Adkins called my attention to it—there were nineteen yards of it—there was a good deal of red in it, and some green, and some yellow—it was worth 14s.—Adkins described the lad who took it, and the prisoner answers his description.

STEPHEN THORNTON (police-sergeant E4.) I heard a description of the prisoner, and took him in Duke-street, Grosvenor-square.

GUILTY.*Aged 19.— Transported for Seven Years

Reference Number: t18400615-1581

1581. JOHN DONOHUE was indicted for stealing, on the 21st of May, 1 ₤5 promissory note, the property of John Gibbons.

JOHN GIBBONS. I am a carpenter, and have a little land. I brought up a load of hay on the 21st of May, and sold it to Mr. Bailey, of the George the Fourth public-house, on Hounslow Heath—he paid me a ₤5 country note, and a sovereign—the prisoner was present at the time—I put the sovereign in my purse, and the note I think dropped down, inside my round frock on the floor, as I went to put into my pocket—I did not miss it till I got a good part of the way home, two or three hours afterwards—I went back early the next morning, and found the prisoner there—I asked him about the note—he denied it, and abused me.

JOHN BAILEY. I paid the prosecutor a ₤5 note, and a sovereign—the prisoner was there, and no one else—I had taken the note of a gentleman the day before—I believe this to be the note—(looking at one.)

EDWARD WHITE. I keep a grocer's shop at Hounslow. I produce this ₤5 note—I got it from the prisoner on the 21st of May—I gave him five sovereigns for it—I asked him how he came by it—he said it was hit master's—he was then working for one Springhall—I have known the prisoner upwards of two years—he bore a good character.

HENRY GRAFTON (police-constable T162.) The prisoner was given in my charge on the 22nd of May—he denied all knowledge of the note, and abused the prosecutor and me too.

(The prisoner put in a written defence, stating that he had found the note, and contending that it had not been sufficiently identified.)

GUILTY.Aged 43.— Confined Six Months

Reference Number: t18400615-1582

1582. JAMES WRIGHT was indicted for stealing, on the 21st of May, 1 bag, value 2d., and 5lbs. weight of eels, value 6d.; the goods of James Seymour.

MICHAEL HIGGINS. On the 21st of May I was at St. Mary-at-Hill, and saw the prisoner standing still—I walked on, and returned soon after, and saw him by a barrow taking out a bag of eels from a basket in the barrow—he walked down the hill—I followed and gave him in charge.

JAMES SEYMOUR. I am a fish-hawker. These eels were mine—I was in the market, but had left them in the barrow—I missed 5lbs. weight of them—they were in a basket, and one basket on the top of that—this is the bag (looking at a bag.)

Prisoner's Defence. I did not take them—I picked them up in the road—I did not see any barrow.

GUILTY.Aged 24.— Confined One Month

Reference Number: t18400615-1583

1583. HENRY WILLIAMS was indicted for stealing, on the I 4th of May, 1 stock, value 5s.; 1 pair of gloves, value 2s.; 1 shilling, and 1 farthing; the property of Samuel Morgan Lewis, his master.

SAMUEL MORGAN LEWIS. I live in the Strand—the prisoner was my errand boy—in consequence of suspicion, I marked 4s. 3½d. on the 14th of May—we had missed money on repeated occasions—we put the money on the drawers, and at night we missed it—we supposed the servant had taken it—we went and looked in the servant's box, and then went into the prisoner's room, we found a box in which he put his things, and found in it a stock, and a pair of gloves—we came down and asked if he knew any thing of them—he said, "No"—I asked Mm if he knew of the money we missed—he said he did not—I asked him to take out the whole of his money—he did so—I said, "Is that all you have? "—he said, "You see, my pockets are turned inside out"—I said, "Allow me to see"—I felt in the corner of his waistcoat pocket, and found 1s. 6d. more—I then looked over the money, and found 1s. and¼d. which were marked, we found he had bought a pair of boots, and I said I would go and see if he had paid any marked money for them—in going up Drury-lane, he said, "I did not take any money, but I admit having taken the stock and gloves"—I said, "Did you take the money? "—he said, "Don't you think the other lad did it? "—I said, "No, I believe you have taken it"—I then gave him in charge, and when he came home he admitted taking the money—I made him no promise or threat—I told him there were other things I missed, if he would tell me about them, I would recommend him to mercy.

Cross-examined by MR. CLARKSON. Q. Do you mean to state on your oath, that before he made any acknowledgement to you, you had

made him no promise or threat? A. No, not till after he had been in my service a fortnight and three days—the gloves had been torn in trying on—I did not miss the stock till I found it in his box, which was open—the money was marked on the day before about four o'clock, and placed on the drawers in my bed room in the same position as the money had been taken from before—I have a shopman and a boy—they slept in the same room in which the box was—the prisoner was going to receive a bill of 11s.—I believe I gave him 9s.—I am not positive whether it was 9s. o 11s.—another shopman was going to receive 11s.—I believe I gave him the same sum as I gave the prisoner—the prisoner said he had received from the other shopman the change that had been given him, as well as his own—I found the 18s. in his pocket.

ISAAC SLADE (police-constable F63.) I took the prisoner—he acknowledged to Mr. Lewis that he had taken the stock and the gloves, but nothing else—after that he acknowledged he had taken the marked money.

(The prisoner received a good character.)

GUILTY.Aged 19.—Recommended to mercy by the Jury and Prosecutor.

Confined Three Months

Reference Number: t18400615-1584

1584. GEORGE THOMPSON was indicted for stealing, on the 11th of June, 1 watch, value 1l. 10s.; 1 watch-chain, value 2d.; 1 watch-key, value 1d.; 1 guard, value 2s.; the goods of William Campbell.

WILLIAM CAMPBELL. I am a sailor. On the 11th of June, I was lodging at Mr. George Martin's, at Shadwell. I hung my watch over the mantel-piece—the prisoner slept in the same room with me—I did not know him before—when I got up in the morning he was gone, and when at breakfast I missed my watch—I found the prisoner at a public-house, drunk—I charged him with stealing my watch—he said he knew nothing about it at first—I said it would be better to give it up at once, and then he said he had put it in for 3s.—I went with a policeman, and found it at a slop shop—this is it—I did not pay any thing for getting it out.

HENRY SOUTHAM. I am servant to a slop-seller in Ratcliff-highway. The prisoner came and asked me if I would oblige him with 3s. on this watch for a couple of hours, I advanced it, and he left the watch—I have no license to act as a pawnbroker—I did not charge him any interest—I had seen him before—he had asked me for a ship, which they often do—he told me he wanted to buy something, and was going to be settled

JAMES ROOK (police-constable K225.) I took the prisoner—the watch was given up.

GUILTY.Aged 20.— Confined Three Months

Reference Number: t18400615-1585

1585. HANNAH BELLAMY was indicted for feloniously receiving, of a certain evil-disposed person, on the 5th of June, 4 brass caps, value 4d.; 6 brass straps, value 3d.; and 1 oz. of soap, value 2d.; the goods of Edward Askey, well knowing them to have been stolen; against the Statute, &c.

EDWARD ASKEY. I am a surgical instrument casemaker, and live in Queen's Head-court, Giltspur-street. I missed some brass caps and things—I suspected my errand-boy—I taxed him with it—he took me to the prisoner's house, and I found the metal there, and found her at home—I asked her if she had got any thing of that description, showing her a pattern—she said she had got nothing of the kind on her premises—I came

away, and went again with two officers, in about an hour—she was at home—Martin asked her to show her old brass, and amongst it were these pieces that I had lost—I do not know what the prisoner is—"Dealer in Marine Stores" was written up.

MR. BODKIN. Q. When you first taxed the boy with it he denied it? A. Yes.

JAMES MATHERSON. I was the prosecutor's errand-boy—I took these pieces of brass off his shelf, and sold them to the prisoner—I did not know her before I went there—I said, "Do you buy brass? "—she said, "Yes, put it in the scale, and we will see what it weighs"—it was weighed—she did not ask any questions—she pulled 11/4d. out and gave it to me, and put the brass into the pot.

Cross-examined. Q. Are you sure this woman was there? A. Yes, I saw no other boy there—I was not in the habit of robbing my master—it was the first time.

WILLIAM COURTNEY (City police-constable, No8.) I went to the prisoner's house—she came in shortly after we got there—she was asked if she had bought any brass of that boy, she said, "No"—Mr. Martin told her to recollect herself, and then she turned and took an iron pot, and emptied the contents into a scale, and the prosecutor picked out the pieces which were his—she said she did not recollect it.

Cross-examined. Q. You say that she was asked if she had bought any brass of that boy, and she said "No, " was it not that she did not recollect the boy? A. Yes.

GUILTY.*—Aged 54.— Confined Twelve Months

Reference Number: t18400615-1586

1586. JOHN NORTH was indicted for stealing, on the 5th of June, 1 coat, value 5s.; 1 waistcoat, value 4s. 6d.; 1 pair of trowsers, value 10s.; and 1 shilling; the property of John Harmes.

JOHN HARMES. I am a labourer, and live with my father at Ashford, in Middlesex. The prisoner is a gardener, and lodged in my father's house. On the 5th of June I went to work at Mr. Parish's, about a mile from my father's—it rained, and I could not work—I turned back, and met the prisoner carrying a bundle under his arm—I knew he had no clothes, and suspected him—I let him go on—I went home, and missed the property stated—there was 1s. in the watch-pocket of my trowsers—I went and caught him with these things—hehad no authority to take them——these are mine—examining the articles.)

FRANCIS COOK (police-constable V. 230.) I took the prisoner, and found these things on him.

Prisoner. I was in liquor, and took them, but meant to return them again.

GUILTY.Aged 53.— Confined Six Months

Reference Number: t18400615-1587

1587. JOHN JONES was indicted for stealing, on the 25th of May, 1 handkerchief, value 2s. 6d., the goods of Thomas Copper, from his person.

THOMAS COOPER. I am a builder. On the 25th of May I was in Waterloo-place, about a quarter to five o'clock—I felt a tug at ray pocket—I turned, and saw the prisoner—I followed him about two yards, collared him, and said, "Where is my handkerchief? "—he said be had not got it—I took hold of his coat, and took it from under his sleeve—this is it.

Cross-examined by MR. PAYNE. Q. What was this day? A. The day

after the Queen's birth-day—there was a rush of carriages crossing the street, which was the cause of my stopping for a minute—I turned round immediately I felt this—he was then about a couple of yards from me—my handkerchief was under his left arm, I believe partly down the sleeve.

(The prisoner received a good character.)

GUILTY.Aged 20.— Confined Three Months

Reference Number: t18400615-1588

1588. ELIZABETH WELSH was indicted for stealing, on the 17th of May, 1 gown, value 6s., the goods of Sarah Parker.

SARAH PARKER. I am a widow, and live in Windmill-street, Westminster, and deal in ladies' wardrobes—the prisoner has occasionally dealt with me. On Sunday afternoon, the 17th of May, the shop was closely shut up—my daughter was gone out—the prisoner came and asked for a piece of silk or merino, to make her sister a bonnet—I told her to come on the morrow and I would see, but I could not attend to her then—on the Monday afternoon I missed a gown, but the cape was left, and I went to some pawnbrokers, and gave notice of it—on the Wednesday I was told that the prisoner was opposite the house with the gown on—I went, and found she had got it on—I brought her in, and she offered to pay double the value, if I would not expose her—nothing was said on the Sunday about a gown—this is the gown—(looking at it.)

Cross-examined by MR. PHILLIPS. Q. How long have you known her? A. She had dealt with me about twelve months—a friend of mine said I ought to give her into custody as she had the dress on—that person's name was Andrews—he never lived in my house—the prisoner did not put down 2s. on the Sunday, and was to give me 3s. more for the loan of the gown—my daughter had put the gown in the window—I had seen it there on the Saturday night.

DAVID SHEEN (police-constable C101.) The prisoner was given to me for stealing a gown, which she had on.

Cross-examined. Q. You were at the Magistrate's, were you not? A. Yes—the prisoner said before the Magistrate that she had paid 2s. deposit on the gown.

MR. PHILLIPS called

BIDGET HAYWARD. I am a widow. I have known the prisoner the last four or five years—she has had an uncommon good character—I went to the prosecutrix, and asked her what she meant to do with the girl—she said what she meant to do she had done at the station-house, and that the gown was worth six times the money she got from the girl.

COURT. QHow came she to say that? A. I went to her on my own account to ask her a few questions, and to know what she meant to do—I went to the prisoner to take her breakfast, and as I went back I called on the prosecutrix—I called on her again, and she asked if the girl would acknowledge that she told a lie as to her being intoxicated on the Sunday evening, as it would disgrace her.

——QUIN.I am single. I work for myself. I had been to the prosecutrix's shop, and bought a pair of boots—I had not the money to pay for them, but said I would call on the Saturday night or Sunday—I called on the Sunday, and the prisoner was there, making a bargain with the prosecutrix for the gown, and I saw her lay down 2s.—I stood there all the time.

~COURT. Q. This occurred on the Sunday? A. Yes—I heard what

passed—I was standing behind her—the door was ajar—I swear I was in the shop—there was the prosecutrix, and the prisoner and me—I did not go with the prisoner—I know her by sight.

SARAH PARKER re-examined. Q. Is it true that when the prisoner came to you on Sunday this other person was there? A. No—no one was there but the prisoner, and she never mentioned about the dress—I did not tell the witness that the prisoner had advanced 2s.on the dress, or any other sum.

MR. PHILLIPS. Q. Upon your oath, did not the prisoner say you were in liquor on the Sunday? A. Yes, she did say so—I told the woman that the girl not only robbed me, but had endeavoured to take away my character, and she said she hoped I would make a flaw in the indictment.

NOT GUILTY.

Reference Number: t18400615-1589

1589. JAMES THOMAS was indicted for stealing, on the 25th of May, 2 thimbles, value 2s.; 1 key, value 2d.; 1 penny; and 5 halfpence; the property of Elizabeth Pittis, from her person.

ELIZABETH PITTIS. I live with my parents. On the 25th of May I was in St. James's Park, between St. James's and Buckingham Palace—the prisoner was near me on my left side, and then he was at my back—I told him not to push—he then came on my left side, and I felt his hand in my pocket—before I had time to speak, the policeman had him—I had two silver thimbles, a key, and some halfpence in my pocket.

Cross-examined by MR. BALLANTINE. Q. Where was the pocket? A. In my dress—these are my thimbles.

SAMUEL WRIGHT (police-constable P172.) I saw the prisoner behind the prosecutrix—he put his hand into her pocket, and took one something, and put it into his coat-pocket—I asked her what she had lost—she said, "Two thimbles, a key, and 3½d."—I found them in the prisoner's pocket.

(The prisoner received a good character.)

GUILTY.Aged 18.— Confined Three Months

Reference Number: t18400615-1590

1590. ELIZABETH THOMPSON was indicted for stealing, on the 25th of May, 1 handkerchief, value 2s., the goods of Frederick Cesar Tribe, from his person.

FREDERICK CESAR TRIBE. I am clerk to my father, who is a tailor. On the night of the illumination, the 25th of May, I was in St. James'sstreet about half-past ten o'clock—I felt some one press against me—I turned round, and the policeman had the prisoner in his possession behind me—the policeman came up and said, "You have lost your handkerchief"—I looked down and saw it on the pavement—this is it—(looking at one.)

WILLIAM NICHOLLS (police-constable K177.) I was on duty in St. James's-street, and saw the prisoner walk behind the prosecutor—I watched, and saw her put her hand into his pocket and take out the handkerchief—some one passed behind her—I went before her and slapped her on the shoulder—I saw her drop the handkerchief—I told the gentleman, and took her.

BRIDGET CONNELL. I searched the prisoner at the station-house, and found on her three other handkerchiefs, one under each arm, and one between her stays and petticoat.

GUILTY.Aged 32.— Transported for Ten Years

Reference Number: t18400615-1591

1591. SARAH CHILVES was indicted for stealing, on the 21st of May, 1 ring, value 11s., the goods of Henry Mills.

HENRY MILLS. I am a jeweller, living in Oxford-street. On the 21st of May the prisoner came to see some wedding-rings—I showed her a tray—I had sold one out of it before she came—the tray was full all but one—she tried several, and selected one in particular, and asked the price—I turned to weigh the ring, and told her it was 11s.—she said it did not suit her to take it, but she would call another time (the next night, I think, she said)—she quitted the shop in rather a hurried manner—I looked, and missed another ring from the tray—I sent my lad after her—he caught her and brought her in—I have not found it—my apprentice said he saw her with a ring in the street—she first denied having any ring at all, but afterwards stated she had a brass one, which she threw away into the street, and then she said it was a half-sovereign she threw away.

WILLIAM BURCHETT. I am apprentice to the prosecutor. I saw the prisoner come into the shop—my master showed her a tray—she tried on some rings, and then left the shop in a very hurried manner—I went out after her, and caught her about three doors from the shop—she turned down the next turning—I went and looked over her shoulder, and saw her looking at the ring, as if she was looking for the hall-mark—I brought her back, and she told my master she had had no ring—I said I had seen her with one.

THOMAS FREDERICK BROWN (police-constable D110.) I took the prisoner—she said she had but 2s. in the world, and that she would freely give me to let her go.

Prisoner's Defence. I did not take the ring; I had a half-sovereign in my hand.

GUILTY.Aged 27.— Confined Six Months

Reference Number: t18400615-1592

1592. CHARLES WAKEFIELD was indicted for stealing, on the 23rd of May, 1 bundle of rhubarb, value 5d., the goods of Richard Brown.

RICHARD BROWN. I am a green-grocer, and live in King-street, Islington. On the 23rd of May some bundles of rhubarb hung outside the door—I heard a noise, went out, and saw (he prisoner cross the road with a bundle of rhubarb under his arm—I went after him—he threw it down, and began to run—I called, "Stop thief, " and he was stopped and given to me.

WILLIAM HASTINGS (police-constable K230.) I took the prisoner.

Prisoner's Defence. I beard the cry of "Stop thief, " and a gentleman that stopped me said I was the person that took the rhubarb; I never had it.

GUILTY.**Aged 17.— Transported for Seven Years

Reference Number: t18400615-1593

1593. JOSEPH WRIGHT was indicted for stealing, on the 30th of May, 2 half-crowns, the monies of James Christie, from the person of James Christie the younger.

JOSEPH HOUGHTON. I am a coach-maker. On the 30th of May I saw the prisoner in Southampton-street, Strand—he went up to a little boy and talked to him—I did not hear what passed—the boy appeared to me to give him two half-crowns, and the prisoner gave him something in a paper—the little boy took the parcel out of his pocket—the prisoner took it, and took the two half-crowns out of his own pocket, and showed them to the little boy—then he wrapped up something and put it

back into his pocket—then the prisoner pointed to the boy to go down the street, and the prisoner ran the way I was going—I collared him, and said, "You have robbed that boy"—he said, "No, I have not"—I said, "You have, what have you robbed him of? "—he took two half-crowns out of his bosom, and gave them to me—I took him on till I saw a policeman, and gave him in charge.

JAMES CHRISTIE. I am ten years old, and live with my father. His name is James—he is a carpenter, living in Maiden-lane—on Saturday the 30th of May, my mother gave me two half-crowns to go to Mr. Byers, at the corner of Broad-street, to buy some things—when I was in Southampton-street, the prisoner came to me and asked how I was—I told him very well—he asked how my father and mother was—I said they were very well—he asked if I knew him—I said no—he said his name was George Jones, and he had seen a man taken up for passing bad-half-crowns, and asked whether I knew how to tell if they were good—I said yes, to bite them—he felt in his pocket, and said, "I have not got a half-crown, yours are half-crowns, are they not? "—he asked me to let him look at them—I gave them to him—he wrapped up what I supposed to be the half-crowns in a piece of paper, and gave it to me again—I put it in my pocket—he then gave me a halfpenny to buy some sweet stuff—we walked together some time, and I felt in my pocket to see that my money was all right—the prisoner said, "What are you going to look for, to see if your halfcrowns are there? "—I said, "Yes"—I was going to open the paper—he took it out of my hand and told me he would show me where he lived, he took me up Museum-street to the corner of another street, and told me to go and get a halfpenny worth of sweet stuff or cherries, and told me to see how fast I could run—I did not see where he went—I went to the confectioner's where my mother had sent me—I pulled out the paper, and there were two halfpence instead of the half-crowns—Houghton came to me, and I went to the station-house.

ROBERT GAVARD (police-constable F51.) The prisoner was given into my custody—I received these two half-crowns from Houghton—the boy had these two halfpence in this piece of paper.

Prisoner's Defence. I was in Southampton-street; the boy came to me and asked if I knew him; I said, no; he told me his name, and wanted to come home with me, and wanted me to tell him where I lived; I told him in Museum-street; to get rid of him I told him to run on; he went on; Houghton stopped me, and said, "You have robbed that boy of some halfpence; " I said I had not; he said, "You have, and there he goes; " I said I would pull out all the money I had; I pulled out 5s. 6d.; he snatched the two half-crowns, and said, "You have robbed him of this, I dare say; " I said I had not, but not to make a mob I would go with him.

GUILTY.*Aged 20.— Transported for Ten Years

Reference Number: t18400615-1594

1594. MARY WOOLLEY was indicted for stealing, on the 27th of March, 1 watch, value 2l. 18s.; 1 cloak, value 1l.; and 1 tablecloth, value 2s.; the property of Jane Lloyd.

JANE LLOYD. I am a widow, and live in Carnaby-street. The prisoner came to my house on the 26th of March, and hired a ready furnished lodging, as a servant out of place—I accommodated her with my own room—she remained only that night—she said she should be there till she got a situation—I left her in the morning, and desired her to stop till I came back—I was gone a quarter of an hour, to the butcher's, and when I came back she was gone—I did not see her again till eleven weeks after—I lost

a watch, a cloak, and tablecloth—(examining one)—this is the cloak—I have not found the others.

BRIDGET O'CONNELL. I am the wife of a policeman, and am searcher at the station-house. The prisoner was brought to the station-house—I found eleven duplicates on her—one referred to this cloak.

SAMUEL HAIL. I am in the service of a pawnbroker, in Crawfordstreet. I produce this cloak—I do not know who pawned it—this is the duplicate of it.

CHARLES WEBB (police-constable C61.) The prisoner was causing a disturbance in Carnaby-street, at a pork-butcher's—I went up to her and requested her to go away—she would not—I took her towards the station house—the prosecutrix came out, and said that was the person that robbed her of several articles.

Prisoner's Defence. I never saw the prosecutrix till she gave me in charge; I never lodged in Carnaby-street in my life.

GUILTY.Aged 32.— Transported for Seven Years

Reference Number: t18400615-1595

1595. JAMES SPELLION and WILLIAM HEMMINGS were indicted for stealing, on the 25th of May, 103/4lbs. of beef, value, 4s. 4d., the goods of William Randall, since deceased, in a boat on a navigable canal.

JOHN CLEVERLY (police-constable D195.) I went on board the Simonin the Grand Junction Canal, and in the cabin I found the two prisoners—I asked Hemmings what he was doing there—he said, "Nothing"—I said, "What business have you here? "—he said, "None"—I then saw Spellion—I asked what business he had there—he said he was going to take the boat to Cowley—I said, "Here is a man who has lost a boat-line, let me see what you have got"—he said, "Only the boat-lines of the boat"—I then went into the cabin and found four boat-lines, this beef, two loaves, and a boat-rope—the person who owned this beef was drowned in Yorkshire last week—he was captain of a boat, but not the boat the prisoners were taken from.

NOT GUILTY.

Reference Number: t18400615-1596

1596. JAMES SPELLION and WILLIAM HEMMINGS were againindicted for stealing, on the 25th of May, 6½lbs. weight of beef, value 3s. 3d., and 3 loaves of bread, value 2s. 8d., the goods of Daniel Leader, in a boat on a navigable canal.

JOHN CLEVERLY (police-constable D195.) This other beef and bread I found on board the barge where the prisoners were—it was on the navigable canal—the two prisoners were in the cabin—I spoke to them—Hemmings said he had no business there, and then Spellion said he was going to take the boat to Cowley—I asked by whose direction—he could not answer me—1 found these other things there.

DANIEL LEADER. I am captain of a boat called the Rosalind—these loaves and meat belong to me. On the 25th of May they broke a lock off the deck to get it from it—I have seen Spellion, that is all I know of them—they had no right on board my boat—the two loaves were under the tarpaulin, in the middle of the boat, and the beef in the far end of the boat—it was taken in the morning.

JAMES MILLER. I am captain of the boat that the prisoners were found on board—I found it had been moved.

Hemmings's Defence. I went to the wharf to see if there was a boat going to Cowley—I saw one boat there—I got on it, and then Spellion came and asked if I was going to Cowley—I said, "Yes"—he said so was he—the policeman came and found these goods on board.

Spellion's Defence. I came on board on the Sunday night, and laid down in the cabin, and in the morning I awoke and found the boat close to Mr. White's boat—the prisoner came on board the boat and said he was going to Cowley—the officer came and said, "Have you got the lines on board the boat? "—I laid I did not know.

GUILTY.

Reference Number: t18400615-1597

1597. JAMES SPELLION and WILLIAM HEMMINGS were againindicted for stealing, on the 25th of May, 10 yards of rope, value 2s. 6d., the goods of James Clark, in a boat on a navigable canal.

JOHN CLEVERLY (polite-constable D195.) I found this rope in the forepart of the boat, not in the cabin, on the Grand Junction Canal, in the same boat that I found the prisoners.

JAMES CLARK. This rope is mine—it is what we call a stern strap, and was cut off my boat, named Sarah, of which I am captain—it was on the navigable canal at Paddington—it was safe at half-past nine on Sunday night, and at half-past five in the morning it was gone.

SPELLION— GUILTY.Aged 19.

HEMMINGS— GUILTY.Aged 21.

✗ Transported of Ten Years

(There were four other charges against the prisoners.)

OLD COURT.—Wednesday, June11th, 1840.

Third Jury, before Mr. Common Sergeant.

Reference Number: t18400615-1598

1598. ELIZA SMITH was indicted for stealing 2 10l. Bank-notes, the property of Benjamin Wheeler, in his dwelling-house; to which she pleaded

GUILTY.Aged 15.—Recommended to mercy.— Judgment Respited.

(The prisoner received a good character.)

Reference Number: t18400615-1599

1599. JOHN JONES, alias Gaddery , was indicted for stealing, on the 15th of May, about the hour of ten in the night, in the dwelling-house of Stephen Olding, at St. John at Hackney, 1 coat, value 3l.; 5 keys, value 2s.; and 1 tablecloth, value 30s., his goods: 3 gowns, value 30s., the goods of Daniel Baker Olding; and 1 shawl, value 1l., the goods of Isabella Harmer; and afterwards burglariously breaking out of the said dwelling-house.

STEPHEN OLDING. I live at Dalston, in the parish of St. John at Hackney, it is my dwelling-house. On the 15th of May I missed a coat, about a Quarter after ten o'clock in the evening—I am sure it was after ten o'clock—it was in my dressing-room, up one pair of stairs—I had changed it for another coat about six o'clock in the evening, and left it there—when the policeman came we searched, and the servant's shawl was missed, also a tablecloth of my own, and a bunch of keys, which were in the coat-pocket—this is the coat—(looking at it.)

ELIZABETH BAKER OLDING. I am the prosecutor's wife. About a quarter before ten o'clock, on the night in question, I went out of the parlour, and heard somebody moving—it was nearly dark—they were in what we call the pump-room—I said, "Who is that? "—the window was immediately thrown up, and I saw a man jump out—I went into the parlour, and told Mr. Olding—the policeman came about a quarter after ten o'clock—I then examined, and missed a tablecloth and three gowns of my daughter's, Harriett Baker Olding, and a shawl of my servant's—my daughter's gowns

are here—I know them—I am sure this happened after nine o'clock—I know the window was fastened before—my daughter had fastened it—I saw it fastened, and saw the man unfasten it.

RALPH HEATON (police-constable N267.) I was on duty at Hackney, and met the prisoner at a quarter after ten o'clock, in Dalston-lane, Hackney—he came towards me—I asked him what was his name—he said, "Jones"—I then asked if it was not Gaddery—he said, "No"—I told him I thought I knew him—he said, "I don't think you do"—I knew him perfectly well—I observed a bulk in his breast, and demanded to know what he had there—he said he would show me, and putting his hand in, he took out a shawl—I asked where he got it—he said, "From a young woman; " and if I would go with him to the place he would show me the person—I went with him, where his story was ascertained to be false—he said it was all d——stuff—I then took him to the station-house, on suspicion of stealing the shawl—I searched his pockets in his coat and waistcoat, and from his waist and hips I took this gown—I took off his own coat, under which he wore this coat, which the prosecutor claims—I met him seven or nine perches from the prosecutor's—I then asked him where he got the things—he said he was not obliged to tell.

ISABELLA HARMER. I am servant to the prosecutor—this is my shawl—it was on a box in my bed-room—I had seen it safe at nine o'clock that evening.

MICHAEL CANTY. I am a policeman. I was on duty in Dalston-lane, I heard of the robbery, searched about the neighbourhood, and found two dresses in the Red Cow public-house skittle-ground, adjoining the prosecutor's house.

Prisoner. Q. What part of the ground? A. Lying across the path adjoining Mr. Olding's field.

Prisoner's Defence. Is it not as likely I should find these things, as that the policeman found the gown? I was returning from Clapton, across the brick-field, and found the things in a heap—might not a person commit the robbery, and throw them away? it is a public thoroughfare.

GUILTY.*Aged 20.— Transported for Ten Years

Reference Number: t18400615-1600

1600. HENRY PASSENGER was indicted for burglariously breaking and entering the dwelling-house of Henry Jenkins, about one in the night of the 7th of May, with intent to steal, and stealing therein, 1 hat, value 5s., the goods of John William Jones; 5 cruet-tops, value 10s.; 1 cruet-frame, value 12s.; 4 spoons, value 8s.; 2 magnifying-glasses, value 1s. 6d.; 1 box, value 3d.; 1 pair of slippers, value 1s. 6d.; 2 pairs of boots, value 3s. 6d.; the goods of Henry Jenkins.

HENRY JENKINS. I live in Barnsbury-place, Islington, It is my dwelling-house. On the 8th of May I came down stairs at half-past six o'clock in the morning—I did not open my back-door till seven o'clock—I then found a ladder, which I knew must have been taken from the yard of my next-door neighbour—it was against the wall on the left-hand side, on turning round to the right, I saw a heavy iron grating, two feet square, had been turned over, and on it was lying the bottom of my cruet-stand—I went up stairs, and found my cruet-stand was taken from the cheffionier, in a parlour up one pair of stairs—they must have torn up the iron grating, passed through the cellar, up the kitchen-stairs, and up the half-flight of stairs into the parlour—it must have required a strong pull to get the grating out—I immediately proceeded to the station-house, desiring the people at home not to disturb any thing—the policeman afterwards came—I missed a pair

of boots and a magnifying-glass, a tin match-box, a bat belonging to Mr. Jones, three salt-spoons, and one tea-spoon—I had seen the spoons the day before—I have found the bottom of the cruet-stand, the match-box, and the magnifying-glasses—these are mine—I was awake at five o'clock, and came down at half-past six—I do not believe any body could have been in the house after five o'clock without my hearing them.

JOHN WILLIAM JONES. I live in Mr. Jenkins's house. I did not go down stairs till about seven o'clock, and missed my hat—this it it—(producing it)—I had gone to bed about eleven o'clock the night before, and left the hat in the parlour.

Prisoner. There is no mark nor name on the hat. Witness. I know it to be mine, by a particular loop which I tied in it, and which I described to the officer.

JOSEPH SHACKELL. I am an inspector of police. I apprehended the prisoner at the White Horse public-house, Saffron-hill, at half-past eight o'clock, on the evening of the 13th of May—I had heard of this robbery, and seeing him with a hat on his head answering the description, I took him to the station-house, I found two magnifying-glasses on him, and this tinder-box with the matches in it—I asked him how he came by the hat—he said it was his own, and he had bought it at a pawnbroker's.

Prisoner. I was tipsy at the time. Witness. He was not tipsy—I asked where he bought it, he said in Long-lane, and afterwards of a tall man in a blue-coat—I asked him where he got the glasses from—he said from a person named Webb, a thief, who was transported last Sessions—I found this box on his person—he did not say how he got that—Mr. Jones, in his presence at Hatton-garden, described that he knew the hat by a loop he had tied in it.

Prisoner's Defence. I bought the hat of a Jew; I was very tipsy on the 1st of May, going out dancing with the chimney-sweeps, and bought the hat; the magnifying-glasses I have had two or three months; Webb was transported the Sessions before last.

GUILTY**of breaking and entering, but not burglariously. Aged 20.

Transported for Ten Years

Reference Number: t18400615-1601

1601. ROBERT HOSIER was indicted for stealing, on the 15th of May, 3 baskets, value 10s.; and 250lbs. weight of eels, value 6l. 10s.; the goods of Jan Weeger Visser and another, in a vessel on the navigable river Thames.

ALE MINNES STEGENGA. I had some eels, on the 15th of May, in three baskets—I tied them to a ship, and came up to Billingsgate with them—when I got there they were safe—they were under my care—my boat lay at Erith—a Greenwich waterman brought them up—I was in the vessel—I got up at four o'clock in the morning, and they were gone—I had made them fast to the vessel which I was in at twelve o'clock at night, and remained on deck till two o'clock—they were safe then—I had come from Holland, and they were consigned to me by Jan Weeger Visser and another to sell here—this is one of the baskets which contained them—(looking at it.)

Cross-examined by MR. CLARKSON. Q. Did you sleep on board the boat? A. Yes—the eels were made fast to that boat.

KEST WILLEMS VANDER SLUYS. I made the baskets fast to the vessel about a quarter-past twelve o'clock—I know this to be one of the bas. kets, my name is on it.

Cross-examined. Q. How did you make them fast? A. To the vessel and an iron bolt on board a ship—the rope was cut—I have the other end of it.

CHARLES JOHNSON (Thames police-constable, No. 72.) I was in the boat with my inspector on the morning of the 15th of May, and found the eels in a boat—the prisoner was in possession of the boat—this knife was at the bottom of the boat, under the eels.

Cross-examined. Q. When the prisoner was acquitted on the former trial, did you hear the Court say, if the prosecutor thought fit, he could prefer another bill, but they would give no order for his doing so? A. No, I do not recollect it—I did not ask him to go before the Grand Jury again.—(The prisoner had been acquitted on a previous indictment, on account of a mis-description of the property.)

JOSHUA JUDGE. I am a police inspector. I was with Johnson when the eels were found in the prisoner's boat, about a quarter to five o'clock, nearly opposite Wapping—he was rowing it down the river—I called to him, and said, "What have you in your boat? "—he said, "Eels"—I said, "Where did you get them? "—he said, "I bought them of a man at Billingsgate"—I said, "Do you know the man? "—he said, "No"—I said, "What did you give for them? "—he said, "Two pounds"—I asked if he had a knife—he said he had not; and in about five minutes afterwards I saw another boat coming down the river with three empty eel-baskets, and rowed by another man—I called to him, and he rowed towards me—I examined the boat, and found the rope, which bad been recently cut, on the baskets—the other end of the rope was fixed to the vessel they were stolen from—I directed my man to search among the eels, and he found a knife—the prisoner is a drudge-man—they call themselves fishermen, but they go about getting coals and what they can from the barges.

Cross-examined. Q. Did you ask the prosecutor if he wished to go before the Grand Jury? A. I took him there—I was out of Court when any thing passed about it—I did not tell the prosecutor he must swear he slept in the vessel.

THOMAS BEADLE. On the 15th of May I was going down the river to work—opposite the London Dock I saw something at the bead of the boat—I told my boy to row towards it, and found it was three baskets—I took them into my boat, and was going to put them into a barge close to the Thames police-office, when Judge came and told me he must detain me, I asked if he could not let me go to work, and come when he wanted me, but he said no.

Cross-examined. Q. How far did you find them from Billingsgate? A. It might have been near a mile—the tide was going down—I found them about a quarter before five o'clock.

NOT GUILTY.

Reference Number: t18400615-1602

1602. WILLIAM COLEMAN was indicted for stealing, on the 11th of May, at Christ Church, 1 cash-box, value 18s.; 41 sovereigns, 21 halfsovereigns, 32 half-crowns, and 120 shillings; the property of Henry Hook, his master, in his dwelling-house: and that he had been before convicted of felony.

HENRY HOOK. I am a publican, and live in Newgate-street. On the 11th of May, about two o'clock in the afternoon, the excise man came to my house to take stock—I had a cash-box at the time in a drawer—I took it out to get the exciseman's signature to a paper, and placed it on the counter in the inner room—the prisoner was my pot-boy—he was at

that time in the warehouse—there was in the cash-box forty-one sovereigns, twenty-one half sovereigns, and 10l. in silver, in a canvas bag—while the cash-box was on the inner counter, I had occasion to go down stairs into the cellar—the prisoner had no business in the inner room, nor in the cellar—while I was in the cellar I heard somebody come down there in the dark—I had the gas burning—I sung out, "Who is there? "—the prisoner answered, "It is me"—I said, "What do you come down in the dark for? why did you not call out? "—he made no answer, but went up stairs—I remained down for about a quarter of an hour, then came up, went into the inner room, and the cash-box with the contents were gone, and the prisoner also—I saw him in custody in the morning—he hid a new suit of clothes on, a new hat, and new boots.

Prisoner. He said at the office I was cleaning the windows, and what I went down stairs for was the broom.

SAMUEL ROLFE (City police-constable, No. 458.) In consequence of information, I went on Monday evening, the 11th of May, to a gin-shop, in Sharp's-alley, Cow-cross, I found the prisoner there, brought him out and said he must come along with me—I observed him thrust his hand into his left-hand coat-pocket, and throw money out on the ground—I heard it jingle—I put my hand behind him to the pocket—he took it off—my hand was then seized by somebody behind, who pinioned me for a short time—the prisoner then attempted to take something from his trowsers' pocket, and threw money out, and as he threw the last money out an officer came to my assistance—it was dark—I could not see what became of the money—we secured him, and took him to the station-house, and found on him 27l. in gold, 1l. 14s. 6d. in silver, and 7d. in copper—I took him to the Computer, I was afterwards sent for there—Anderson the keeper was present when the prisoner made a statement.

Prisoner. He said, "I want you for robbing your master, if you will give me 10l. I will say nothing, and let you go freely"—I said I knew nothing at all of it, and had no occasion to give him money. Witness. I did not say so.

JOHN ANDERSON. I am clerk at Giltspur-street Computer. The prisoner was brought there—I received a message, and went to him—he said, "Mr. Anderson, I am determined to tell you all about it"—I said, "What you say to me will be used in evidence against you, so you had better be cautious"—I wished the officer to see him—the caution was again repeated to him—he, said, "It is no use, I won't deny it, I have been led into it; you know BenRoe, who was here when I was, himand JemMoore led me into it"—I said, "What had Roe to do with it? "—he said, "Roe had 7l. 10s., they got me to do it; he bought a pair of boots on Saffron-hill; the holes in the boots were very close; if you go and find him, I dare say he has the boots on now"—I said to the officer, "What is the extent of this? " and the prisoner answered, "There was about 60l. in the box."

Prisoner. I was at the office three times—at the first examination they said nothing about my saying I gave Roe 7l. 10s., and at the first examination they could not swear to the half-sovereign.

ELLEN HOOK. I am the prosecutor's wife. Here is a half-sovereign, which I know—there was such a one among our money.

THOMAS HOPKINS. I produce a certificate of the prisoner's former conviction—(read)—I was present when Richard Coleman was tried—I believe the prisoner to be the man, but he is much altered since.

JOHN ANDERSON. The prisoner was in our custody in 1838, when he

was convicted—I know him to be the man—he was there three months before—he has been convicted twice.

GUILTY.*Aged 17.— Transported for Ten Years

Reference Number: t18400615-1603

1603. THOMAS MATTHEWS and GEORGE SMITH were indicted for burglariously breaking and entering the dwelling-house of Effingham Wilson, at St. Mary, Islington, on the 23rd of May, about the hour of 2 in the night, with intent to steal, and stealing therein, 23 spoons, value 15l.; 1 castor-stand, value 4l.; 1 pair of sugar-tongs, value 1l.; 1 operaglass, value 10s.; 1 yinegarette, value 7s.; and 1 pair of spectacles, value 15s.; his goods.

MR. PRICE. conducted the Prosecution.

EFFINGHAM WILSON. I live at No. 19, Canonbury-square, St. Mary, Islington—it is my dwelling-house. On the night of the 23rd of May, after my servants had retired, I went round, about eleven o'clock, and saw all the external fastenings safe—the following morning, at six o'clock, my servants called me, and I found the house broken open—it had been entered by the back- kitchenwindow—the sash was thrown up, and the shutters cut, first having holes bored with a gimlet, and the bar removed—a gimlet had been first used to the shutters, and afterwards probably a knife, making a hole to put a hand in to undo the bar—I am quite sure the opening must have been made before five o'clock—we examined the cupboards and drawers in the kitchen—they had all been forced and ransacked, and every thing of value taken out—from the store cupboard in the kitchen, the plate basket, and all the plate was taken—several spoons, a castor-stand, and opera-glass, and other articles were gone—the things were strewed about the kitchen, and one candle was cut from a pound, and three parts burned, lying on the kitchen floor—the value of the property missing is 20l.—I believe I was the first person up.

SUSAN SWADLING. I am the prosecutor's housemaid. I got up at six o'clock, on the morning of the 24th of May—the clock struck six after I called my master, as 1 was going down stairs—I had heard a noise on the stairs before I called my master, as I came out of my bed-room door—it must have been two or three minutes before six then—I knocked at master's bed-room door to ask if he was gone down stairs—he was in his room—I stood against the staircase-window, and saw two men running from the back of the house—it was the two prisoners, I am certain—I saw them go from the back-kitchen door down the garden, and get over the wall—they then crossed the garden of the next house, went over four or five walls, and I saw no more of them—Matthews was dressed as he is now—the other one was dressed different—it was quite light—I have not a doubt of them—I went down stairs with master and mistress, and found the house broken open—I missed all the plate which was in the cupboard—several spoons, a castor-stand, and other articles—I had seen it in the plate basket the previous night, between nine and ten o'clock—I found the plate basket quite empty behind the kitchen door—none of the property has been found—the drawers had all been opened, and the cupboards forced open—I saw a candle, apparently half burned, iu the kitchen, one had been cut off a pound that laid on the kitchen-dresser.

Cross-examined by MR. PAYNE. Q. Was the window shut when you looked through it? A. Yes—the garden is rather a long one—I had never seen the prisoners before—Smith was in a white smock-frock, and white hat.

HANNAH SEYMOUR. I live in Canonbury-terrace. Mr. Wilson's wall comes even with our house—I saw the prisoners, on the morning of the 24th of May, at six o'clock, getting over Mr. Wilson's wall, coming as from the house—our house is five or six houses from the prosecutor's—I saw them very distinctly—they came towards me—it was a minute or two after six o'clock.

Cross-examined. Q. Where were you? A. In my bed-room, on the third floor—it is not a very high house—it is higher at the back than at the front—I had never seen the prisoners before—I was taken to see them by a policeman, and knew them—I have no doubt of them—Matthews had the same dress on.

Smith. The policeman brought the witness—the turnkey told me to walk round the yard with the other prisoners, and he said, "That is the man"—the servants did not notice me then, but in a few minutes the witness said, "I think that is him"—the turnkey said, "You must not think, you must be sure, " and she said, "Well, that is him." Witness. I had no doubt of him.

RICHARD BRADSHAW. I am a messenger at the police-court t Bowstreet. On the 27th of May, I was sent after the prisoners, and found them at No. 19½, Collingwood-street, Shoreditch—Smith was lying on the bed with his coat off, and Matthews was standing by the window—I said to them, "I want you for a robbery on Saturday night last"—I put my hands into my pocket, took the handcuffs, and was going to handcuff Smith, as he laid on the bed—Matthews ran to the window, and threw it up—I left Smith, and went and seized Matthews—he threw himself out of the window—I held him by the collar, and told the constable to mind Smith—there were several other persons in the room—Matthews hung out of the window, and kept plunging and striking me, but I held him, and secured him—Smith was taken on another charge—I found this gimlet in the room—I went to Mr. Wilson's house, on the 27th, and examined-—I found the shutters perforated in several places by a gimlet, I tried this gimlet, which was found in the lodging—I believe it was done with that—I have not the least doubt of it—I found in the room this shirt, with the collar cut off—it has the appearance of a smock-frock.

Cross-examined. Q. How were the holes made? A. Bored close together across the grain, and then the wood split out—part of the marks of the gimlet would be forced away, but one place was rot taken out where I tried the gimlet—any gimlet of the same size would make these marks.

JAMES MILLER. I am an inspector of police. I went to the, prosecutor's house, on Sunday morning, the 24th of May, and found two square holes in the shutters, and two pieces cut out—I have them here—I compared them with the shutters, and they fitted—several drawers and cupboards had been forced open—a hand had been introduced through the hole, and the bars removed—the hole was cut with a knife, after boring.

JAMES BENNTHALL GILL. I am a policeman. I produce a knife, which I found on Matthews.

Smith's Defence. I am innocent—I have been very bad, but am not guilty of this.

M. PAYNE called

WILLIAM RICHARD MATTHEWS. I am a manufacturer of perfumes, and live at No. 4, Crown-street, Old-street-road. The prisoner Matthews

is my son—on Saturday night, the 23rd of May, he came home at a quarter past twelve o'clock—he slept in the attic—his two brothers slept with him—-the three brothers slept in the same room, but two brothers slept in the same bed with him—I was at home all that night, and my wife was at home—I did not see him till eight o'clock next morning—my room is on the floor underneath—it is a two-story house—kitchen, parlour, first floor, and attic—there is one room on a floor—I slept on the first floor—I was not disturbed in the night by any body going out—he came down to breakfast at eight o'clock next morning—I did not see him when he came home the night before, but I heard his voice at a quarter after twelve—at half-past five the next morning, there was a noise—the attic door appeared to be banging backwards and forwards—we had been disturbed with two children, who had a fever, on and off all night, and about half-past five I unlocked my bed-room door, and called out to know what that noise was, and Thomas answered they had been to bed with the front attic window open, without observing it, and that caused the door to flap about—he did not go out that morning, nor till four o'clock in the afternoon.

COURT. Q. How do you know he slept with his two brothers? A. By answering me at half-past five o'clock—I am able to say they were sleeping there that night—William and James slept with him—1 heard him come home at a quarter past twelve o'clock—his mother let him in—she bad just got up to bed—I bad left her to fasten the door—she had not undressed herself, at least I think not—I am not positive whether she was undressing or was undressed—I was in bed—she was in the room when the knock came to the door—I had gone to bed first with a violent headache—I had been in bed about ten minutes—she was down stairs about a quarter of an hour before she came up again—she was arranging things which had been got in for the sabbath, and waiting for him—I cannot say what she was doing—she came up again and was seeing to the children that were ill, and in the mean time he came and knocked at the door—he was only out in his slippers—he had only been out a short time—I cannot exactly say how long, but he had only his slippers on—he had been with me all the evening and till about eight o'clock, when he left off work—I think he left me about eight o'clock—he was out from eight o'clock till a quarter past, twelve o'clock—I believe be was in and out, at least I understood so—I did not see him, being in and out myself on business—he had a red waistcoat on, a cap, and the coat he has got on now.

Q. How come you to recollect all the particulars of the night? A. By the noise in the morning part, and the children being ill—when I called out to them he said they had been to bed with the front window open, which made the door blow about—my other son, who was in bed in the room, is named George, and is about nine years old—he is not here—I thought him too small to bring—when the prisoner spoke about the window, William and James spoke too—they were all talking together—they were all awake—they said they had been very much frightened, and had very little sleep all night in consequence—they went to bed about eleven o'clock that night—I am sure of that—the prisoner works with me—my wife came down first next morning, and I next; James next, William next, and Thomas last—we breakfasted about half-past seven o'clock—we had nearly done when Thomas came down—I am positive he came down—he had bread and butter and tea for his breakfast—he sat by the side of the fire-place—he had no supper the night before, as he did not come in in

time—we all supped at home except him—all who I have mentioned were there that night—we supped at near eleven o'clock.

ELIZABETH MATTHEWS. I am the wife of the last witness—the prisoner is our son—I remember the Saturday night before he was taken into custody—he came home that night at a quarter after twelve o'clock—it was after twelve o'clock, but I cannot exactly say the time—it was very little after twelve o'clock—I let him in and then fastened the door myself—I then retired—I slept on the first floor—he slept on the second floor—his two brothers James and William slept with him in the same bed—the younger one occasionally went to sleep with them if his brother did not come in—on this night he was in the same bed—we had three little ones lying in a bed in our own room—I have eight children—about six o'clock I heard Thomas answer his father—I saw him about eight o'clock next morning—he was rather dilatory in getting up, and he was the last down that morning—he came down without shoes, having occasion to clean his shoes—we breakfasted I suppose before seven o'clock, but I cannot say whether it was seven o'clock or not exactly—he came down about eight o'clock—we had done breakfast then, both me and my family.

COURT. Q. How was it that you let him in at night? A. My husband was rather tired, fatigued in his business—I had gone up stain to bed, but came down, hearing the knock—I was out of bed—I had a light—I had been up in the room about half an hour when he arrived—we went up a little before twelve o'clock—I had undressed myself and I threw my gown over me to go down and I let him in—he had no supper when he came in—I had locked the parlour door and gone up—I was not down five minutes then—I saw urn go up to his own room—he had nothing at all—I suppose he had gone out at eight o'clock after left work—he was dressed in a blue surtout coat, a red waistcoat, a coloured handkerchief, and laceup boots, which he has on now—I noticed them when he came in—I said it was a very late hour to come home, and be said, "No, it is not late, for the shops are open yet"—the next time I heard of him was half-past five o'clock—I had two little ones lying ill with fever, and they cry for drink—I got up and got them drink—my husband awoke and said, "Dear me, what a noise those boys have been making all night, they quite disturbed me, " and he got up, opened the door, and called out, "What do you mean by disturbing me all night? "—Thomas answered, "Father, we have been all night with that window open, which made the noise, and William nor James won't get out to fasten it"—one is fifteen years old, and the other thirteen—they had been at home the night before and supped with us; Thomas had not—I know that William and James were awake that morning at half-past five o'clock—I did not go into their room—I heard both of them speak—I did not hear the little one—he was asleep in the bed—they were all four in one bed—I had been up in the room about half an hour before Thomas came home—my husband had gone to bed before twelve o'clock.

Q. How came you to be undressed and not gone to bed? A. We felt anxious at his being out—he never stopped out all night—I was waiting undressed for him—my husband was awake and saw me waiting for him, and he said to me, "There he is, knocking at the door, " and I went down, hearing the knock—my husband could see I was undressed—the prisoner works at home with his father.

MR. PRICE. Q. How far do you live from Canonbury-terrace? A. I do not know—I have no idea of it—I do not know any thing of this shirt.

WILLIAM MATTHEWS. I am the prisoner's brother. I was at home on the Saturday night before he was taken into custody—I went to bed at eleven o'clock—he was not at home then—I slept in the attic—James went to bed first—I came in afterwards—I and James slept in the same bed along with Thomas—Thomas came to bed that night, and he awoke me—he came into the same bed with me and James—my brother James went down first next morning—I heard my father call out to us in the morning, as the door knocked about—Thomas was in the room at the time—I went down to breakfast before Thomas—I am sure Thomas was not out of the room after he came in the night before.

MR. PRICE. Q. What time did Thomas go down to breakfast? A. About eight o'clock—I got up about half-past seven o'clock, and left him in bed—I am an ebony ink-stand maker—I go to work at nine o'clock in the morning—I spoke to Thomas when he came home—he pinched me and said, "Are you awake, Bill? "—I said, "Yes"—he went to sleep, and I went to sleep—I do not know whether he was very tired—I did not ask him—he went to sleep directly—he had on what he always has, a blue woolly coat, and a red waistcoat—he was not dressed as he is now—he had a waistcoat, a cap, and the coat he has on now—I call that blue—it was about half-past five o'clock that my father called out about the noise in our room—I was first spoken to about coming here three days ago—my father spoke to me about it, and my mother—I do not think any body else has—I do not remember—I do not mean to say that other persons have not spoken to me about it, but I cannot recollect whether they have or not—my father said, "You must speak the truth, and nothing but the truth"—that was the first he said to me on the subject—I did not at that moment know what he was going to ask me about—that is three or four days ago—I cannot recollect the exact words he first said—I am sure he said something about the truth—he told me my brother had got into trouble—those were the words he used—that was about the second thing he said—I said I knew he was in bed, because the door was knocking about, and he kept pinching me, and we did not speak to one another, because we were frightened—I should say that was about three o'clock in the morning—I told my father it was about three o'clock, because we heard the vinegar-ground clock strike four, and five, and six, and seven o'clock—I did not sleep at all from half-past three till seven o'clock—I had gone to bed at eleven o'clock—I knew the time by being out for some dog's meat—that was my usual hour for going to bed on Saturday night—I leave off work about seven o'clock—I went to sleep directly after I went to bed—my brother Thomas awoke me about three o'clock by pinching me on the leg—I did not ask what he meant—I listened to the door, but I did not speak to him—I thought it was somebody breaking into the door, pushing it, but it was the wind, the garret window being open—nobody could get to the garret window to get in—he awoke me both at a quarter-past twelve o'clock. when he came home, and a little after three o'clock, when it was just peep of day—I was kept awake from three o'clock to seven by the banging of the bed-room door—it was banging all that time very loud, like any body shovingwith all their force—it is a small house—we occupy all the house—I did not get up and shut the door in the night—my brother did, when my father called out, "Thomas, what noise is that? "—I should say that was about half-past five o'clock—the door continued banging till seven o'clock, because the stool being against it, he did not shut it properly—I

did not attempt to shut it again—my brother shut the window, and that stopped it a little, bat it still went on banging—it made a little noise, not so much as when the window was open—my brother was awake all the time, till my father hallooed out to him about the door—we had no conversation during that time—we laid awake pinching each other—Thomas was awake all the time, and James too, from three o'clock till past seven—I kept writing on Thomas's leg with my fingers, meaning what I thought—I thought it was somebody breaking into the house—I thought I should call to my father to come out of the door, to know what it was, because I was frightened—neither of us called out to my father—my brother understood what I meant by writing on his leg—he pinched me to keep quiet—I did not say any thing to him, nor he to me—my other brothers did not speak at all to either of us—I know they were awake because they kept pinching me and I pinching them—James kept pinching me and Thomas too, and I pinched them in return, from three o'clock till half-past five—I was awake from three o'clock to seven, but Thomas went to sleep at half-past five o'clock, after be shut the door—I am quite sure we did not speak to each other—we spoke by writing—I did not go to sleep after half-past five o'clock—Thomas did—James did not—he was not asleep after three o'clock, the banging of the door did not awake Thomas again—it still kept moving about, but not so much—there was a lock to the door, but the staple of the lock was moved—it does not fasten—the street door fastens with a latch, a bolt, and a lock—it is very easily opened from the inside, anybody could open it and let themselves out, if the door was not locked, but the latch makes a noise when you open it—it would not make so much noise as the room door did all night—while the door was making a noise up-stairs you could not hear the door opening below—we all breakfasted together that morning about eight o'clock—my mother had breakfast before us about half-past six or seven o'clock—we all breakfasted together except her and my father, he breakfasted before us—Thomas, James, and I breakfasted together—I had bread and butter for breakfast, and I fetched my brother two eggs, one for him and one for me—Thomas had not an egg—he wanted a halfpenny one, but could not get it—my mother was present at breakfast—I had bread and butter and tea—we had done breakfast about nine o'clock—I did not go out when we had done breakfast—we had some work to do—my brother did not go out till four o'clock in the afternoon, nor did I go out either, because we were at work all together.

Q. What, on Sunday morning? A. Yes, at perfumery—James did not go out, nor my father and mother—neither of us went to church—I go sometimes—I did not go that day, because we had to work that day.

MR. PAYNE. Q. How long before you brother went to sleep again, did your father call to you about the door? A. About a quarter of an hour—I went to Hatton-garden with my lather and James and my mother—I was not examined there—I was ready to be examined both times, if the Justice had examined me.

COURT. Q. Were you before the magistrate when he was first there? A. No, I was afterwards—I did not state that this could not be, for my brother was in bed with me—they did not hear as—I went the second time.

Q. Then you heard of this before three days ago? A. Yes, I first heard of it the same night that my brother was taken, on the Wednesday—

he was taken out of Collingwood-street, about a quarter of a mile from us I heard—I had seen my brother the day before, and the day before that—he had slept with us every night, but this night I particularly remember—I remember every thing about that night—he arrived a little after twelve o'clock—he had no light when he came into my room—he got into bed without a light—he slept outside next to the door, James next to him, and then me—George slept down at the foot, that I am sure of—Thomas awoke me at three o'clock and at twelve o'clock also—I do not know whether James was awake or not at twelve o'clock—he did not speak to us—when my father called out, James said, "What is the matter? "—James was awake all the time from three o'clock, and he got up and said to my father, "What is the matter? "—my mother called him at half-past six o'clock—James and I did not say a word about the banging of the door—I am sure we had breakfast together—we waited breakfast till Thomas came down, and then sat down to breakfast together—we were doing about till then—James cleaned the boots, and we three sat down to breakfast—my father was there, and had an opportunity of seeing what we had for breakfast—James did not clean Thomas's boots—Thomas wore a pair of Blucher shoes that night—I could not see them at night, as it was dark, but in the morning his things laid at the head of the bedstead—I am sure he bad shoes, because his Wellington boots were locked up in the cupboard—my mother had locked them up the night before, that he should not go out, but do the work first—he had tie shoes—I spoke to my father and mother about this, and to Mr. Wooler, the solicitor—his clerk is here—he hat spoken to me on the subject, at Hatton-garden.

JAMES MATTHEWS. I recollect the Saturday night before my brother was taken into custody—he slept at home that night in the same bed as me—he got up about eight o'clock—I was not awake when he came to bed.

M. PRICE. Q. What time did you go to bed? A. About eleven o'clock—my brother William was not in bed then, he came to bed soon after I was in bed, soon after eleven o'clock—I was not asleep when he came to bed—he came to bed about an hour before Thomas—Thomas came to bed about twelve o'clock—he did not say any thing when he came to bed—I did not hear him tell my brother where he had been—I was not awake at twelve o'clock—I know he came to bed about twelve o'clock, because I was awake then—I was awake when he got into bed—I saw him—he had no light—I did not keep awake long after he came to bed, about half an hour—I did not talk at all during that half hour—neither of us did—not a syllable passed on either side, I will swear that—William asked Thomas what kept him out so late, and Thomas said that was nothing to him—William requested him not to be so saucy—I remember all that distinctly, and then some words passed—they did not get to fighting, but they were very near it—William told him to go to sleep and hold his tongue—there was a quarrel between them about a red waistcoat, Thomas told him to let the waistcoat alone.

MARY ANN WILLIAMS. I sell things down in Petticoat-lane—I have been living by myself about three weeks, and Mary Ann Humphries came and asked me if I could make it convenient to let her and George Smith be at my place till they could get a place of their own—I lived at No. 19½, Collingwood-street at that time—that is where he was taken—on the 24th of May he went to bed at twelve o'clock—we had our supper—he and Humphries had been with me about three weeks then—it is a respectable house—I

had lived there about nine months—they are all working people that live in the house—I came home about nine o'clock that night from the Minories—Smith and Humphries were sitting by the fire—he asked if I would have some steaks—we had some steaks for supper, and he and Humphries went to bed about a quarter after twelve—it was Saturday night—they slept in the bed, and I had four chairs made up for me to sleep on—we had gone on in that way for three weeks before—I stopped up till about one o'clock mending stockings—I went to bed, and Smith got up at half-past seven o'clock in the morning, went down into the yard and washed himself, and the shoemaker who lives in the back room looked out and told him not to wash in the tub—I did not go to sleep till one o'clock—they were fast asleep when I went to bed—I got up about an hour before they did and lit the fire—I went to sleep about two o'clock—I heard Shoreditch chimes—I awoke about five o'clock in the morning, and got up about a quarter after six soon after Shoreditch bell went—Humphries and Smith were both in bed and asleep—I awoke them both, and asked them whether they would get up to breakfast—that was seven o'clock, and he got up about half-past, before she did, and went down and washed—she slept on the right, and he on the left—she slept next the door, next to me—I had my chairs made up by the side of her—he was at home when I came home about half-past nine o'clock, and had a cigar after supper, and a pint of ale, and a bottle of ginger-beer in it before he went to bed—Humphries drank with him—I had the same—we had the pint of ale and ginger-beer among us three—that was all—we talked about going to Woolwich by the steamer next day—I stopped up to mend a pair of white stockings, and when the prisoner went out in the morning he came home at one o'clock and went to the baker's and fetched the dinner home—he went to Woolwich after dinner—I believe he worked at a tobacco shop at Shoreditch—I believe he carried things about during the three weeks—I do not think he worked at the tobacco shop, but I never inquired—he used to go out in the morning and come home at night—I only know him by being with Humphries during the three weeks—she was my friend.

MR. PRICE. Q. Did you talk about nothing but going to Woolwich? A. No, nothing the whole time, that I know of—I believe he smoked but one cigar the whole time.

MAT ANN HUMPHRISES. On the morning of the robbery Smith was at home and in bed—he went to bed about a quarter before twelve o'clock—I did not get up till a quarter after seven o'clock—I recollect it perfectly—we were going down to Woolwich the morning the robbery was done—I slept with him that night—I have been in the habit of sleeping with him for the last three months at No. 19, Collingwood-street—not exactly three months, shorter than that, a month or so shorter—I am positive it is six weeks—we had a room in Rose-lane, and I lived with him before—Mary Ann Williams is a friend of mine—it was her room—we managed to make two beds in it—we made one on the floor—Mary Ann Williams slept on the floor—I think she slept in the bed that night—we all three slept together—Smith went out the same morning in his best clothes—I got up at half-past seven o'clock, as we were to go down to Woolwich that day—he went out for a walk that morning, and returned about ten minutes before one o'clock, and went to Woolwich about two o'clock in the afternoon—Williams got up first—Smith and I got up about the same time.

MR. PRICE. Q. What did Mary Ann Williams say about the white

stockings? A. I do not recollect—I remember her sitting down to mend a pair—I believe she mended them in bed before she was dressed—the prisoner did not find fault with her for being so lazy, to my knowledge—I do not mean to say it was not said—he did not call her any opprobrious names—they did not abuse one another, to my knowledge—I will not swear they did not.

MATTHEWS— GUILTY.Aged 18.— Transported for Fifteen Years

SMITH*— GUILTY.Aged 18.— Transported for Life

Reference Number: t18400615-1604

1604. RICHARD PEDRICK was indicted for burglariously breaking and entering the dwelling-house of George William Smith, at St. Leonard, Shoreditch, on the 10th of May, about ten o'clock in the night, with intent to steal, and stealing therein 1 button, value¼d, and 15 groats, his property.

GEORGE WILLIAM SMITH. I keep the Red Lion public-house, Wilsonstreet, St. Leonard, Shoreditch. On Sunday night, May 10, I went up to my bed-room a little after ten o'clock, in consequence of my wife coming down and telling me something, I found the window thrown open—I bad been in the room that afternoon—I had a chest of drawers in the room, and on it laid a saucer with some fourpenny pieces in it—here are fifteen fourpenny pieces and a brace-button—I had the fourpenny pieces in the saucer on tbe drawers that night, and I believe this brace-button was in the saucer with the fourpenny pieces that night—(examining them)—we have two empty houses adjoining ours—a man could get in at the window from the adjoining house—when I went up stairs the fourpenny pieces and button were gone—I came down, went to the first empty house, and found the door fastened inside—I tried the other one, and by turning the handle I got in—I held the handle for one or two minutes, and then somebody wanted to come out—I held the handle fast till a policeman came along—I spoke to him—he went in and brought the prisoner up—he was searched in my presence, and two crow-bars and a dark lantern were found on him, and a box of matches—I asked him if he had not some fourpenny pieces—he said he had not—he put his hand in his pocket and pulled out six or seven, and said he had got no more—the policeman then found on him fifteen in all, and the button—there were from fifteen to seventeen fourpenny pieces in the saucer—there was a mark on the drawers which corresponded with one of the crow-bars.

SARAH SMITH. I went up stairs and found the window open—I heard somebody going out of the window as I entered the room—it was a little after 10 o'clock—I ran down and called my husband—I found a cap with an old black handkerchief in it on the window sill outside—I had left the room at five o'clock—the window was shut down, but not fastened.

JOHN ROADKNIGHT (police-constable G167.) I was on duty in Wilsonstreet—Mr. Smith called me over—I went into the empty house, and found the prisoner in the cellar behind the door—I found on him the articles produced—I found a dark lantern and two crow-bars—he had neither hat nor cap on—I asked him if the cap Mrs. Smith found was his—he said, "Yes."

Prisoner's Defence. I was going down Wilson-street; two men were standing at the bottom; one asked me to go into the empty house and fetch out these things, and said he would give me something for my trouble; I came up; there was somebody at the door, and I went into the cellar; I

had been working at Greenwich, and taken 13s. or 14s.; there were a great many fourpenny pieces among it.

GUILTY.Aged 20.— Transported for Ten Years

Reference Number: t18400615-1605

1605. THOMAS PHILLIPS was indicted for stealing, on the 2nd of June, a half-bushel of wheat, value 12s., the goods of Samuel Stevens.

MR. CLARKSON conducted the Prosecution.

HENRY SHACKELL (police-constable T46.) I was on duty at Stanmore, on Tuesday, the 2nd of June—about a quarter past one o'clock in the morning I saw a man look through Mr. Stevens's rick-yard gate—at that moment two men advanced from the gate towards the Ashford-road—I pursued them—one had a sack on his back—the prisoner I am certain is one of the men—I knew him before perfectly well—I went up to them and asked the prisoner who had the sack what he had got there—be said, "Potatoes"—I put my hand on the sack—it appeared to contain corn, and I said, "You have got corn here, I rather suspect you have stolen it, and you must come with me"—he said, "Where are you going to take us to? "—the man that was on the other side of the stile came over and drew a large bludgeon from under his frock—the prisoner at that moment began to draw the sack from his shoulder and to draw a bludgeon from under the sack, which he had got to support the sack—he flourished the bludgeon, and said if I offered to take him he would take my life—I said I intended to take him if I lost the last drop of blood I had got—the prisoner made a violent blow at me with this bludgeon, which I produce—the blow did not take effect, as I fell back, and he turned himself round in striking—I defended myself from it as he was striking me—we had a desperate struggle—several blows were struck on both sides.

Q. Were there three men, or two? A. Only two—the second man was the man on the other side of the stile—I received an injury in the struggle—I succeeded in bringing the other man to the ground—they both escaped, and left me on the ground for dead—I laid there some time—I turned on my hands and knees, and at last got on my legs, and walked home, which was 200 or 300 yards—I returned to the place about ten minutes or a quarter of an hour afterwards, and found the bludgeon there, and the sack of wheat on the spot where I had had the scuffle—on the 6th of June, Taylor produced the prisoner to me—I have no doubt of him—he is one of the men who attacked me, I am positive.

Cross-examined by MR. PRENDERGAST. Q. Did you know him before? A. Perfectly well by sight, but not by name—I knew where he lived—I gave information that he lived at Stanwell Moor—he was apprehended, from my information, by Sergeant Taylor, T 25—I cannot say how many houses there are on the moor—I did not know the exact spot, but I knew it was on the moor, and said he was a Stanwell-moor man—I live about a mile from the moor—I was unable to go to look for him—I went before a Magistrate, on the 6th, in a horse and cart—I described to sergeant Taylor where he lived on the moor, and gave him directions to apprehend him on the same day—I gave him a description of his person—I did not see Sergeant Taylor again that day—I saw him a day or two afterwards—he told me he bad made every exertion on Stanwell-moor, and found a man answering the description had decamped—I described him as having speckled worsted stockings, cotton corded breeches, and a plush-sleeve waistcoat, with a fustian back, and sleeves, and a white hat—I did not tell him it was a plush waistcoat at the time—I gave him this description the same

day—I have often seen the prisoner without a frock, and at times with one—I know Mr. Fowler of Staines-moor—I believe the prisoner works for him, he has done so—I was armed that night—I have been in the army—I was within a yard or two of the prosecutor's gate when I found the corn—I went to call Mr. Stevens—I was well enough for that, but not till after I got refreshed—it was about three o'clock—the gate was shut—the prosecutor was in bed—I have the sack here—this is a sample of the wheat which I took last night out of the sack, which has been in my house ever since under lock and key—I carried it home that morning, and took it up to bed with me every night—there was rather more than a bushel and a half of it.

MR. CLARKSON. Q. You say you knew the prisoner by sight, and knew him to be a Stanwell-moor man? A. Yes—I could not point out the particular house in which he lived—I have been about six years in the army—I have been a policeman twelve months—I have known the prisoner for two months, and saw him three or four times a week—I had heard he worked for the prosecutor—my wife called a man to go for a doctor, and afterwards I communicated with the sergeant—I am under the doctor's care still—I did not go to the barn, as I was bleeding so.

SAMUEL STEVENS. I have a rick-yard and a barn close by it. On the 2nd of June I had eleven or twelve quarters of corn which I was going to clean for Uxbridge market—Shackell made a communication to me and showed me his bloody face and neck—the barn did not appear to have been opened by force, but by a false key—I missed some corn out of a heap—I cannot say exactly how much—I observed an impression on the heap, as if a sack had been filled upon it—it was very plain—here is a sample which I took out of the bulk, and here is another out of the sack which the policeman had—they agree—I believe the wheat produced by the policeman to have been part of the bulk in my barn.

Cross-examined by MR. PRENDERGAST. Q. What sort of wheat do you call this? A. Old Chetham—I should call it white wheat—I have not much of it at present—I am very nearly out of it—there is a good deal of the same wheat in the neighbourhood—other farmers may grow it for what I know—there is a good deal of it in Uxbridge market sometimes—it it the same kind as I have sown several years—this corn had not been put up in sacks—this sack is not my property.

COURT. Q. Have you any doubt about this being the same as your corn? A. I am positive it is the same.

ROBERT TAYLOR (police-sergeant T25.) In consequence of hearing what had happened to the constable, I went to his house next morning, June 3rd—I saw him between eight and nine o'clock—he was in his own house, and hurt very much—he told me what had happened to him, and gave me a description of the persons from whom he had received the injury—I know Stanwell-moor well—I took the prisoner into custody on Saturday, the 6th of June, about eleven o'clock—I did not know where he lived without inquiring—I found him in bed at his own house, at Stanwellmoor—I had been to the house on Wednesday the 3rd, but could not find him then—I did not go between the 3rd and 6th—he seemed to be very much hurt, very pale, and seemed to be suffering pain as if he had been in some struggle or quarrel before—I told him he was suspected of being one of the persons that bad attacked the policeman—he said he was not the man, he knew nothing of it—I said, "You must get up and go with me, and let the policeman see you; if you are not the man you will be

discharged"—I asked him where he had been since he had been away—he said at first he did not know where he had been—I said, "Why did you leave a good service? " (I had made inquiries about him of his master, ) he said his wages did not keep him there, and he had been to try to get a better place—he is married, and his family were living in the house—he said he had come back that morning—I examined his head and found several wounds on it, which I should judge were recently made—a surgeon saw him.

Cross-examined. Q. Did you apprehend him in consequence of any thing the sergeant said to you? A. That, connected with other things; if he had not run away I do not think I should have apprehended him—he said he had been away—I do not know exactly when I had seen him before that night, I frequently saw him—I do not think I had seen him for a week before—the constable gave me a description of his dress, at least of one of the party—I wrote it down at the time, and have it here—(reads, "one short stout man, high shoes, speckled worsted stockings, cotton cord breeches, and fustian sleeved waistcoat")—I call the prisoner a short stout man—I am five feet eleven inches, and he is about five feet seven or eight inches—I do not call that tall.

GUILTY.—Aged 44. Transported for Seven Years

NEW COURT.—Wednesday, June17th, 1840.

Fifth Jury, before Mr. Sergeant Arabin.

Reference Number: t18400615-1600a

1600. ISABELLA STEVENS was indicted for a misdemeanor.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

JOHN MITCHELL. I am superintendent of the London and Brighton railway. On Sunday, the 17th of May, between eight and nine o'clock in the evening, the prisoner, whom I knew before, came to the New Coachmaker's Arms public-house, Long-acre, where I live—she asked for a quartern of gin, I served her, it came to two-pence; she gave me a halfcrown, which I saw was counterfeit; I gave her change and she took the gin away—I marked the half-crown, and put it in my waistcoat pocket, where I had no other money; on the 20th she came again for a halfquartern of gin—I told my wife to serve her—I saw her put a half-crown on the counter, I made a mark on it, then went out after her and gave her into custody, I gave both the half-crowns to the officer.

SARAH MITCHELL. I am wife of John Mitchell. On the 20th of May, between eight and nine o'clock in the evening, the prisoner came to the Coach-maker's Arms public-house for a half-quarten of gin, I served her; she put a half-crown on the counter, I gave her change; my husband came and took the half-crown up.

JESSE PICTON (police-constable F. 98.) On the 20th of May Mitchell gave me the prisoner into custody, and gave me these two halfcrowns—I saw the prisoner searched, she had gin in this bottle, and one half-crown, two shillings, and four penny-pieces.

MR. JOHN FIELD. I am inspector of coin to the Mint; these halfcrowns are both counterfeit in all respects.

Prisoner's Defence. I was not there on the Sunday night.

GUILTY.—Aged 19. Confined One Year

Reference Number: t18400615-1607

1607. ELLEN CONNELL was indicted for a misdemeanor.

WILLIAM HENRY MORGAN. I am shopman to Mr. Butt, cheesemonger, Cow Cross-street. On the 31st of May the prisoner came and bought something which came to less than 4d., she offered me a counterfeit 4d. piece, I put it in the till, but had suspicion, and immediately after took it out—there was not another in the till—I had not left the till—I found it was bad—I immediately handed it to my master, and described the prisoner to him; on the Sunday after she came again and bought a piece of pork, which came to 9d., 6he gave me a sixpence and threepence, I immediately handed the sixpence to my master, he weighed it, it was discovered that the sixpence was bad—it was mentioned to her, and she cried very much and offered to fetch other money—she begged my master would not give her in charge—she was taken into custody.

Prisoner's Defence. I was not in your shop on the 31st—you said it was not your fault, but the policeman put you up to say that I gave you a 4d. piece, because I should come to a trial. Witness. It is false.

NATHANIEL BUTT. I keep the shop. On the Sunday before the prisoner was taken, I received from my shopman a 4d. piece, I kept it in my waistcoat pocket, separate from any other money I am sure—I gave the same to the officer—on Sunday, the 7th of June, I was in the shop; the prisoner came in, I weighed the pork, it came to 1s. 1½d.; I told Morgan to get a policeman—he had not time to count the money—he gave the sixpence to me, and put back the halfpence in the recess—I examined the sixpence and gave it to the officer.

MARY ANN REDMAN. I am the wife of a policeman. I was called to search the prisoner, and found on her 2s. 7d. in copper money.

THOMAS PHILLIPS (police-constable G85.) I was called to take the prisoner, and received a sixpence and a fourpenny-piece of Mr. Butt—the prisoner gave me a false address—I afterwards found out her lodging—I went there and found a bag with some plaster of Paris in it.

MR. JOHN FIELD. These are both counterfeit.

Prisoner's Defence. My husband uses the plaster of Paris in the skin work.

GUILTY.Aged 23.— Confined One Year

Reference Number: t18400615-1608

1608. JANE HOPKINS was indicted for a misdemeanor.

ELIZABETH THOMPSON. My husband keeps the Adam and Eve publichouse, New-road, Paddington. On the 28th of May the prisoner came there between seven and eight o'clock for half a pint of ale, which came to 13/4d.—she gave me a bad half-crown—I threw it in the till, where there were 2 shillings, and 3 sixpences, but no other half-crown—I gave her 2s. in change, and that left the half-crown and three sixpences in the till—she went away—I then immediately found the half-crown was bad—I put it on a recess, and afterwards gave it to the officer.

Prisoner. I never was in the house at all. Witness. You were.

GEORGE POPLE. I keep the Roebuck public-house at the corner of London-street, Tottenham Court-road. About twenty minutes before eight o'clock in the evening of the 28th of May, the prisoner came for a glass of spruce with a little rum in it, which came to 2d.—she gave me half-a-crown—I said, "This is bad, you must give me another"—she took another out of a piece of paper in her hand, and gave it me—I gave her change and the bad one—she went out—I made signs for my porter to watch her.

JAMES HARMAN. I am porter to Mr. Pople—I saw the prisoner utter this half-crown—after it was put down and returned to her I saw it was bad, and I followed her—I saw her seven or eight doors from my master's go up to two men—she communicated something to them and gave the child in her arms to one of them, put her hand in her pocket, took out something, and gave to one of them—they went on together—I went after a policeman and then saw the prisoner and one man in the street—the officer took them both—on the man was found nothing, and in the prisoner's hand a bad half-crown.

JOHN JAMES ALLEN (police-constable E159.) Harman pointed out the prisoner and a man who was discharged at Mary-le-bone office—they were both standing together—I took them—I saw Cook take the half-crown from the prisoner's left hand, he gave it to me—I got another half-crown from Mrs. Thompson—the prisoner offered my brother constable some other good money, which she had in her right hand.

JOSEPH COOK (police-constable E56.) I was with Allan when the prisoner was pointed out—I took her—she said, "I have got no bad money on me"—she said that before I said any thing—she then gave me three good half-crowns—I said I must see about that—I took her into a house and searched her—she gave me her pocket, and in that was another good halfcrown—I then saw something in her hand—I seized her left hand, and with assistance I took the bad half-crown from her hand, and gave it to my brother officer—she had no change when I found her.

MR. JOHN FIELD. These are both counterfeit, and both cast in one mould.

GUILTY.Aged 22.— Confined One Year

Reference Number: t18400615-1609

1609. FRANCIS GUYON was indicted for a misdemeanor.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

SARAH GARTON. I am a widow and keep a tobacconist's shop in Farringdon-street. At the latter end of May the prisoner came for half an ounce of tobacco, which came to 2d.—he gave me a sixpence—I gave him 4d. in change—I put the sixpence in the till, but directly he was gone I looked into the till, and found it was bad—there was no other sixpence in the till—I then took it out, marked it, and put it into a paper—he came again on the 23rd of May, which was one week after—he asked for half an ounce of tobacco—I knew him again—he threw me down a sixpence—I looked at it, and Found it was bad—I sent a girl for an officer—he heard that, and ran out of the shop—I gave these two sixpences to the officer—I am sure he is the man that came on both occasions—I saw him in custody about a week after.

JOHN SOARS. I am a baker, living in Shoe-lane. On the 5th of June the prisoner came and asked for a penny-worth of bread—he gave me a fourpenny piece—it was bad—I asked him where he had it—he said he took it at a public-house in Fleet-street—I asked him the sign—he said he did not know—I said he had better get it changed—he said he would—I said I would go with him—as soon as he got out he ran off and was taken by a policeman—I marked the fourpenny piece, and gave it to the policeman.

THOMAS BANES (City police-constable, No. 334.) I took the prisoner on the 5th of June, as he was running away—I received these two bad sixpences from Mrs. Garton.

WILLIAM COURTNEY (City police-constable, No. 327.) I produce a fourpenny-piece which I received from Mr. Soars.

Mr. JOHN FIELD.These are all counterfeit.

GUILTY.Aged 19.— Confined One Year

Reference Number: t18400615-1610

1610. JANE ANDERSON was indicted for a misdemeanor.

JAMES SEDGWICK SAUNDERS. I am clerk to Mr. Henly, a perfumer, in Tichbourne-street, St. James's. On the 21st of May, between seven and eight o'clock in the evening, the prisoner came for a sixpenny pot of pomatum, and gave me a half-crown, which I put into the till—there was no other there—I saw Cobham some time after—he gave me a bad halfcrown—I gave it back to him—I got it from him on the following morning—I then marked it in the presence of the policeman, who was sent for.

Prisoner. Q. How can you swear to me? A. I well remember your person—I have not the slightest doubt of you.

AUGUSTUS FREDERICK COBHAM. I am shopman in the same place. On the 21st of May I went to the till, about a quarter or ten minutes to eight o'clock—I found two shillings, one sixpence, and a bad half-crown—I took the half-crown to Saunders—I got it back from him and put it into my own private drawer, and the next morning I was returning from my breakfast and saw the prisoner at the counter—a youth who was there was gone for some articles to serve her—I went and spoke to her, and she said the almond-oil was too dear, she would not have it, she would have a sixpenny pot of pomatum—I took it out, served her, she handed me a bad half-crown, I took it to Saunders, and then we sent for the master, who desired us to send for a policeman—I gave the two half-crowns to the officer.

JOHN JARVIS. I am a police-inspector. I took the prisoner on the 22nd—I produce the two counterfeit half-crowns.

MR. JOHN FIELD. These are both counterfeit, and both cast in the same mould.

GUILTY.Aged 18.— Confined One Year

Reference Number: t18400615-1611

1611. JOHN CURRY was indicted for stealing, on the 27th of May, one pair of shoes, value 2s., the goods of James Gibson.

JAMES GIBSON. I am a boot and shoemaker, and live in Guild fordstreet, Russell-square. On the 27th of May, the prisoner and a bigger boy came and took these shoes from the handle of the bell on the door-post—the bigger boy took them and gave them to the prisoner—I went to the door and saw the prisoner walking down to the end of the street—I took him with them—these are them—(looking at them)—they are mine.

Prisoner's Defence. I was going home, a man gave me the shoes, and said, "Here is a pair of shoes for you"—directly I had got them the prosecutor came.

GUILTY.***Aged 12.— Transported for Seven Years

Reference Number: t18400615-1612

1612. ROBERT DURHAM was indicted for stealing, on the 21st of May, 1 coat, value 10s., the goods of Charlea Yates.

CHARLES YATES. I am a plasterer. I left my coat in a building at Paddington, where I was at work on the 21st of May, at half-past one o'clock, I missed it about two o'clock—a boy told me something, and I went out, found the prisoner, who is a stranger, with my coat under his arm, and took him—this is my coat—(looking at it.)

DANIEL MULLCHEY. I was at work there and saw the prisoner take the coat—he walked away with it, and I told the witness.

Prisoner. Q. Did you see me take it out of the building? A. Yes.

Prisoner's Defence. I found it outside the building—I was not inside at all.

GUILTY.*Aged 51.— Transported for Seven Years

Reference Number: t18400615-1613

1613. RICHARD RYAN was indicted for stealing, on the 29th of July, 1 watch, value 3l. 10s.; 2 seals, value 1l. 6s.; 1 watch-key, value 4s.; 1 split-ring, value 3d.; and 1 watch-ribbon, value 1d., the goods of Jeremiah Lynch, from his person.

JERMIAH LYNCH. I am a labourer. I was at the Inverness Arms public-house at the latter end of July last—I saw the prisoner in the tap-room in the morning—I had slept there that night—he asked me what o'clock it was—I took out my watch—he said, "I should like to have that watch, it is a handsome watch, I would give a sovereign for it"—I afterwards went to a friend's house, the prisoner followed me and my wife and two females—we afterwards went to another public-house—the prisoner sat on one side of me, and my wife and another woman on the other side—I was fatigued after a long journey, so I put my hand to my head, laid down and went to sleep—when I awoke, the prisoner and my watch were gone—I spoke about it—he was taken the next morning in the same public-house where I had met him first, but my watch was not found—he was remanded twice and then discharged—he was afterwards taken again, and my watch was found at the pawnbroker's—this is it—(looking at it)—the two seals were gold, but they are gone—I had had the watch nine or ten years—I am sure it is mine.

MICHAEL TWOMEY (police-constable H72.) I took the prisoner on the 27th of May, on another charge, and found on him some duplicates, one of which was for a silver watch—I heard that nine months previous he had been taken for stealing a watch—I went to Greenwich and found the watch—this is the duplicate of it.

EDWARD CURTIS. I live at Mr. Nash's, a pawnbroker in London-street, Greenwich. On the 12th of August I took this watch in pledge, but I cannot say of whom—this is the duplicate that was given to the person who pawned it.

Prisoner's Defence. I found the ticket of the watch, and 5s. in a purse.

GUILTY.Aged 25.— Transported for Fifteen Years

(There were two other indictments against the prisoner.)

Reference Number: t18400615-1814

1814. SAMUEL JAMES KING was indicted for stealing, on the 14th of May, 3 gowns, value 10s.; 2 shawls, value 6s.; 1 hat, value 3s.; 8 spoons, value 6s.; 2 live tame fowls, price 6s.; 1 box, value 1s.; 2 shirts, value 3s.; 1 pair of boots, value 4s.; and 1 coat, value 1s., the goods of James King.

SUSAN KING. I am the wife of James King, a labourer at Hackney—the prisoner is my son. I went out at six o'clock in the morning on the 14th of May, leaving him at home—I was fetched home about eleven o'clock, and missed these articles from the bottom of the house—the door had been locked—the prisoner had called me back to lock the parlour door, which I did—I do not recollect what I did with the key—I might have left it on the back room table—some of the things are here—these gowns were in

my drawer—the prisoner has never done any thing before this—the duplicates were left at the house—the fowls were taken the day before these other things.

CHARLES HENRY LAWSON. I am a pawnbroker at Stratford—here are two gowns, two shawls, a petticoat, stays, boots, shirts, and two handkerchiefs which my employer took in, but does not know who from.

PHILIP CURTAIN. I live in the City-road. I bought these two fowls of the prisoner a few days before they were claimed.

JAMES RYAN (police-constable N209.) I took the prisoner—I got the duplicates from his mother.

GUILTY.Aged 21.—Recommended to mercy.— Confined One Month; the last Week Solitary

Reference Number: t18400615-1615

1615. ROBERT STEVENS was indicted for stealing, on the 20th of May, 12lbs. weight of beef, value 1s. 6d., the goods of Henry Webb.

JOHN BRETT. I am eleven years old, and live with Henry Webb, a butcher in Church-street, Bethnal-green. On the 10th of May, about half-past seven o'clock in the evening, the prisoner, who was a stranger, came for a mutton-chop—he had a kind of a bag in his hand—I cut the chop, and while I was busy he went to the back of the shop—he gave me 6d., I gave him 2 ½d. change—he was walking out with the bag under his arm, and the policeman stopped him—there was 12 ¾lbs. weight of beef found in the bag—it was my master's, and had been at the back of the shop, and I then missed it.

Cross-examined by MR. GARDE. Q. How do you know this was your master's? A. All the meat in the shop was my master's.

CHARLES POUND. I live opposite the prosecutor. I saw the prisoner in the shop—he went to the back part, took the beef, and the policeman took him.

GEORGE KING (police-sergeant H8.) I took the prisoner about two yards from the door, in consequence of information—I took him into the shop, and found 3 ½lbs. weight of beef in his pocket, and in the bag, which he had under his arm, I found another piece, about 9lbs. weight—I found a silver watch on him, and 3s. 8 ½d.

HENRY WEBB. This beef was mine.

GUILTY.Aged 43.— Confined Three Months

Reference Number: t18400615-1616

1616. SARAH WRIGHT was indicted for stealing, on the 20th of May, 1 watch, value 15s., the goods of John Henry Cook; to which she pleaded

GUILTY.Aged 20.— Confined Six Months

Reference Number: t18400615-1617

1617. JOHN BROWN was indicted for stealing, on the 25th of May, 1 sketch-book, value 3s. 6d., the goods of William Scoular, from his person; to which he pleaded

GUILTY.Aged 49.— Confined Three Months

Reference Number: t18400615-1618

1618. WILLIAM THOMPSON was indicted for stealing, on the 23rd of May, 8 handkerchiefs, value 14s., the goods of John Matthews and another: and that he had been before convicted of felony; to which he pleaded

GUILTY.Aged 73.— Transported for Seven Years

Reference Number: t18400615-1619

1619. JAMES WHITE was indicted for stealing, on the 22nd of May, 18 yards of silk, value 2l.; 16 yards of printed calico, value 4s. 6d.; 1 shawl, value 5s.; and 1 veil, value 6d., the goods of Elizabeth Crawley;

1 tablecloth, value 2s.; 1 towel, value 1s. 6d.; 1 waistcoat, value 3s.; 1 flannel shirt, value 2s.; 2 curtains, value 6d., and 1 stocking, value 6d.; the goods of William Crawley.

JOHN GRAY (police-sergeant C14.) On the 22nd of May, at a quarter to nine o'clock in the evening, I was at my own door, in New Cross-street, Leicester-square. I saw the prisoner pass me, in company with a person I knew—that was about seventy yards from the prosecutor's house—the prisoner was carrying something—I followed him, and asked him what he had got—he said, "Nothing, " and dropped these things at his feet—I took them, and said, "Where did you get them? "—he said he picked them up.

WILLIAM CRAWLEY. I live in Oxendon-street—part of this property is mine and part my sister's—it was taken from the front parlour of my house—I do not know how a person could get it—they must have got in by a false key, or some means—the door was all safe when we found out the robbery, which was about eleven o'clock at night.

ELIZABETH CRAWLEY. I am the prosecutor's sister. On the morning of the day of this robbery I had seen all this property safe.

GUILTY.Aged 19.— Transported for Seven Years

Reference Number: t18400615-1620

1620. CHARLES BARNETT was indicted for stealing, on the 30th of May, 1 handkerchief, value 2s., the goods of Henry Barnes Sawbridge, from his person.

HENRY BARNES SAWBRIDGE. On the 30th of May, about a quarter before twelve o'clock in the day, I was in Hanover-square, walking with✗ two ladies—one of them suddenly screamed—I turned, and saw a pockethandkerchief on the ground—I saw the prisoner near me—he immediately ran away—I did not see any other person near, me—I ran after him calling "Stop thief"—he was very soon caught—I never lost sight of him—he put up his hands in a supplicating posture, and said it was the first time, that he had a widowed mother, and gave his address—it was my handkerchief—(examining one)—this is it, it has my initials on it.

SAMUEL GOODCHILD (police-constable A36.) I took the prisoner—he said he did do it, and that when one of the ladies screamed he dropped it—he had another handkerchief in his trowsers' pocket, which he could give no account of—he said it belonged to his brother.

Prisoner's Defence. I was going after a situation—I was running, and saw two ladies after you—then you took me—the only words I said to the policeman were, "Don't drag me in that manner, allow me to speak to the gentleman"—this is my brother's handkerchief.

GUILTY.Aged 21.— Confined Three Months

Reference Number: t18400615-1621

1621. THOMAS HILLIARD was indicted for stealing, on the 22nd of May, 1201bs. weight of rope, value 1l., the goods of William Consett Wright.

MR. PAYNE conducted the Prosecution.

JOHN GEORGE WARDLE. I am a waterman, and live in Albion-street, Commercial-road. On the night of the 21st of May, I was keeping watch at Ratcliff-Cross-stairs—about twelve o'clock the prisoner came to our watch door, and asked if there was any lodging there—I said, "No"—(I had seen him about ten minutes before going in a direction to Narrowstreet)—I told him to go his own lodging—he then went into Mr. Wright's craft, and I lost sight of him for about ten minutes, when I saw him again come up the causeway with a quantity of rope on his back—there was a

man behind him assisting him to carry the rope—I asked where he was going—he asked what was that to me—I said that was Mr. Wright's rope, and asked him where he had got it—he said he picked it up on the shore—he threw it down at my feet, and walked away—I sent a man for the policeman—I followed the prisoner, till I got the assistance of the police—I gave him in charge, when he had got about one hundred yards off—the other man got away.

JAMES PEARCE (police-constable K178.) I was fetched, and took the prisoner back to the rope—he said he had picked it up on the causeway—I took him to the station-house, and found on him this knife, which smelt very strong of tar, and there was tar on the blade of it.

JOHN CHARLES WHITE. I am lighterman to Mr. William Consett Wright, a coal merchant, at Ratcliff-cross. I know this rope—it was used as headfasts to Mr. Wright's barges—here is some of my splicing on them—they were fastened to the barges, and must have been untied or cut—they appear to have been cut—I went in consequence of what I heard to the wharf, and missed the headfasts—I had seen them safe at seven o'clock on the evening before—I have not the least doubt of these being them.

JAMES LONG. I saw the prisoner on Mr. Wright's craft—I saw him afterwards with the rope—he threw it down.

Prisoner's Defence. A man said he had got a bundle of rope, if I would help him to carry it he would give me 1s. 6d.—he picked up the rope, and just as I got into the street the watchman stopped me.

GUILTY.**Aged 42.— Transported for Seven Years

(There was another indictment against the prisoner.)

Reference Number: t18400615-1622

1622. THOMAS SPOONER was indicted for stealing, on the 25th of May, 1 copper, value 12s., the goods of James Richard Townsend, and fixed to a certain building.

JAMES RICHARD TOWNSEND. I am a carman, and live in Great Carlisle-street, Mary-le-bone. I had a copper, which I saw safe on the morning of the 25th of May, and in the evening it was gone—it had been fixed in the brick-work—it was afterwards shown to me by the policeman—I have not a doubt that it was mine.

RICHARD LAWRENCE. I live with the prosecutor. On the 25th of May, I saw the prisoner, between four and five o'clock, in my master's wash-house, standing against the copper—he was a stranger—I thought he had come to some of the people who lived up stairs—he said, "Halloo, " to me, and I to him—then he went out—I did not see him again till a person came in the evening, and told us he had gone with the copper—I went out, and saw the prisoner going into a marine-store shop, in Bell-street—I went and told the policeman.

BENJAMIN PRIDDLE. I live in Carlisle-street. On the 25th of May, I saw a man come out of the prosecutor's passage with a copper on his head—I went in and asked about it—Lawrence and I went after the man—I did not see his face.

DANIEL SHELVEY (police-constable D102.) I went to the marine-store shop in Bell-street, and found the prisoner with the copper on his head—I asked him where he got it—he said he had bought it—I asked where—he said that was his business—I took him to Mr. Townsend's, and saw the copper had been taken out of the brick-work—I fitted it to the place the next morning—it fitted exactly—he was not sober, but could walk very well.

Prisoner's Defence. I left my home to go to work, but I met two or three old shop-mates, and we went to the Champion public-house, where I stopped till half-past eight o'clock, or nine, or later—I got drunk—I was told I bought the copper, but whether I did or not, I do not know.

GUILTY.*Aged 26,— Transported for Seven Years

Reference Number: t18400615-1623

1623. JOSEPH SMITH was indicted for stealing, on the 25th of May, 1 handkerchief, value 5s., the goods of James Honey, from his person.

JAMES HONEY. I am a woollen-draper. On the 25th of May, I was in St. James's Park, about five minutes past one o'clock, as they were firing the guns, and felt a tug at my pocket—I turned immediately round—the prisoner had hold of my handkerchief, but it was not quite out of my pocket—I seized hold of him with one hand, and my handkerchief with the other—I called the police, and gave him in charge—the corner of the handkerchief was still in my pocket.

Cross-examined by MR. JONES. Q. When you laid hold of him it came quite out? A. No, it did not—when I called the police I pulled it out, and gave it him.

JAMES CALDECOTT. I am a carpenter. I was in St. James's Park—I saw part of the prosecutor's handkerchief in the prisoner's hand.

NOT GUILTY.

Reference Number: t18400615-1624

1624. JOHN SMITH and ROBERT WATERS were indicted for stealing, on the 25th of May, 1 handkerchief, value 2d., the goods of William Stimpson Rice, from his person.

WILLIAM STIMPSON RICE. On the 25th of May I was in St. James's Park, about ten minutes past one o'clock. An officer spoke to me, and I saw my handkerchief in the prisoner Waters's jacket—Smith was there, but I did not see him have the handkerchief—this is it—(looking at one.)

WILLIAM CARR (police-constable H. 109.) I was in the Park in plain clothes—I watched the prisoners, and saw Smith take the handkerchief from the prosecutor's pocket and give it to Waters—I told the prosecutor—I took Waters with it, and pointed Smith out to Argent.

WILLIAM ARGENT (police-constable H126.) I was in the Park—I watched the prisoners for four or five minutes—I saw Smith make three or four attempts before be took this handkerchief, and the other prisoner was with him—I saw the act done.

SMITH— GUILTY.† Aged 10.— Transported for Ten Years

Convict Ship.

WATERS— GUILTY.Aged 9.— Confined One Month

Reference Number: t18400615-1625

1625. WILLIAM THOMAS and RICHARD LEWIS were indicted for stealing, on the 25th of May, 1 purse, value 1s., the goods of a man unknown, from his person.

GEORGE TREW (police-constable H125.) On the 25th of May I was in St. James's Park, in plain clothes—I saw the prisoners there—I knew them, and watched them—I saw Thomas attempt two or three gentlemen's pockets—he put his hand into one and drew a handkerchief partly out—he then went and took this purse, which I now produce, from a gentleman's pocket, and gave it to Lewis—they ran across the park to Whitehall-place,—I and Pidgeon followed and took them—I saw Lewis in Whitehall-place give the purse back again to Thomas—I took it out of Thomas's hand—I

do not know who the gentleman was who lost the purse—it was just at the time the cannons were firing—I lost him in a minute.

HENRY PIDGEON (police-constable H28.) I was in the Park. I saw Thomas attempt several gentlemen's pockets—I then saw him take this purse out of a gentleman's pocket and pass it to the other prisoner—I pursued them across the park—we took them in Whitehall—Thomas had the purse then—I saw Lewis return it to him.

Thomas's Defence. I bought the purse two months ago, and had it to put my money in.

Lewis's Defence. I saw this man about three weeks ago selling oranges—I bought three of him—he took out this purse and put the money in.

THOMAS— GUILTY.† Aged 17.

LEWIS— GUILTY.† Aged 15.

✗ Transported for Ten Years

Reference Number: t18400615-1626

1626. MARY OSBORNE was indicted for stealing, on the 1st of June, 4 candlesticks, value 14s.; 1 cruet, value 1s.; and I teapot, value 1s.; the goods of William Samuel Burton and another, her masters.

MR. BODKIN conducted the Prosecution.

WILLIAM SAMUEL BURTON. I have one partner—we are furnishing ironmongers, and live in Wells-street, Oxford-street. The prisoner came as a char-woman every Monday morning for several years—we have lost a great number of articles, and suspected a servant—we at last desired Smart to conceal himself, which he did early in the morning of the 1st of June—he afterwards made a communication—I desired him to fetch a policeman, and to follow the prisoner—in about half an hour I saw her in custody in our kitchen—the officer produced to me two pairs of candlesticks, a tin teapot, and a glass vinegar-cruet—she said, "Oh, for God's sake, forgive me; " and said it was the first time—these are the articles produced—(looking at them)—they are worth 16s.

Cross-examined by MR. ROE. Q. How many partners have you? A. I have one, that is all—there is a mark on the papers that are round these articles—when candlesticks are sent out of our shop we generally send them without the paper—this paper contains the private mark—the prisoner has been four years or more in our service—she has bought four or five articles of me—I have, perhaps, a dozen pairs like these—there are great many like these come out of the country.

JOHN SMART. I am shopman to the prosecutor. I was desired to conceal myself in the warehouse on the 1st of June, and saw the prisoner come into that warehouse where she had no business whatever—I watched her, and saw her take these two pairs of candlesticks off a shelf—she then went out of the warehouse, and was for about a quarter of an hour cleaning the stairs which lead down to the warehouse—I informed Mr. Burton—he directed me, and I got a policeman—I saw the prisoner coming out of the house with two bundles—I pointed her out to the officer—he brought her back to the house—I was in the kitchen when she was brought down—she said, "Oh, for God's sake, don't let these things be found on me"—I said, "I have nothing to do with it"—these are the candlesticks that she took from the shelf.

Cross-examined. Q. Where were you? A. On a small bench under the window—it was impossible for her to see me—I know these candlesticks by the numbers—she took one pair at a time, and as she took the first pair one knocked against the other—I know them by the piles.

WILLIAM HOUSEMAN (police-constable E102.) I was called, and the prisoner was pointed out to me—she had two bundles—I went up to her, and asked her what she had got there—she said, nothing but what was her own, it was some dirty linen—I said she was my prisoner, and she must go with me—she said, "For God's sake don't; I will give you any thing rather than you should take me"—I took her to the prosecutor's, and found one pair of candlesticks and a piece of soap in one bundle, and a pair of candlesticks and a teapot in the other—during that time she dropped something behind her, which I found to be this cruet—she said, "For God's sake, Mr. Burton, don't go against me for these things; I will pay you doable and treble the value of them"—I took her to the station-house—I found on her 9l. in gold in one bag, and more than 2l. in silver in another bag—I then went to her lodging, and found a great number of new articles of ironmongery.

MR. BURTON.I saw the articles found at her lodging—they were high-priced articles, and totally unfit for a person like her—I have lost a great amount of property—about 9l. worth were found at her lodging.

(Joseph Hunt, and William Hibbert, of Rochester-row; Sarah Dixon, Sarah Green, Sarah Jones, and Mary Stagnall, of Hammersmith, gave the prisoner a good character.)

GUILTY.Aged 45.— Transported for Seven Years

Reference Number: t18400615-1627

1627. JANE CLARKE was indicted for stealing, on the 23rd of May, 3 handkerchiefs, value 12s., the goods of Charlotte Selina Wilson and another.

HENRY WILLIAMS. I live with Mrs. Charlotte Selina Wilson and another, linen-drapers, in St. John-street. On the 23rd of May the prisoner came for some ribbon, which I sold her—I suspected she had some property, and when she went out I followed her—she saw that she was discovered when the got two doors from the house—she returned back, and returned these three handkerchiefs—they are my employers'.

Cross-examined by MR. PHILLIPS. Q. Did you say before the Magistrate that she discovered you following her? A. Yes, I think I did—I cannot swear it—I do not remember it—she said that it was done unintentionally, and gave my fellow-shopman the handkerchiefs.

NOT GUILTY.

Reference Number: t18400615-1628

1628. JAMES SMITH and WILLIAM HUNT were indicted for stealing, on the 23rd of May, 1 ham, value 21s.; 3 ½lbs. of bacon, value, 12s.; and 1 tongue, value 12s.; the goods of Henry John Viscount Palmerston.

GEORGE BROOK (police-constable C67.) On Sunday morning, the 23rd of May, I was in Carlton-terrece, Pall Mall—4 heard footsteps in Lord Palmerston's area—I stopped, and saw the two prisoners there—Smith had the ham, and Hunt had the two pieces of bacon—I called out, and they dropped the articles—I sprung my rattle—two officers came up—we went into the area, and took Smith in a door-way, and Hunt in a dust-hole—I did not see that any bars had been wrenched—the lattice-work of the larder was broken, and the window slipped down sufficiently for a person to enter.

Hunt. You say you saw us with the things. Witness. Yes—you secreted the bacon under some hay when you ran dawn again.

CHARLES HUNT (police-constable C34.) I was called by the springing of the rattle—I went down the area, and found Smith in a passage—he was eating something—by the side of him was the tongue, and in his pocket a piece of fat—the other officer came down, and fetched Hunt out of the dust-hole—the larder had been broken open.

PETER DUETELI. I am cook in the family of Lord Henry John Viscount Palmerston; he is an Irish peer. His larder was all safe the night before this, and the lattice-work was safe—I saw it after the officer had taken the prisoner—it was then broken—I saw the ham and other things—I believe they were what I had left in the larder.

Hunt's Defence. I was going past with this man; we saw these things in the area; we got over and got them; then we saw the policeman, and put them down.

SMITH— GUILTY.Aged 40.

HUNT— GUILTY.Aged 21.

✗ Transported for Seven Years

OLD COURT.—Thursday, June18th, 1840.

Second Jury, before Lord Chief Justice Tindal.

Reference Number: t18400615-1629

1629. FRANCOIS BENJAMIN COURVOISIER was indicted for the wilful murder of William Russell, Esq., commonly called Lord William Russell.

MESSRS. ADOLPHUS, BODKIN, and CHAMBERS conducted the Prosecution.

SARAH MANSER. I was in the employment of the late Lord William Russell, as housemaid, ✗ for three years—he resided at No. 14, Norfolkstreet, Park-lane—a cook and valet were the only other servants—the prisoner was the valet—the cook had been two years and nine months in his lordship's service—those were all the in-door servants his lordship kept—he had also a coachman and groom who did not live in the house—his lordship was a widower, and lived alone. On Tuesday morning, the 5th of May, I saw his lordship a little before nine o'clock—he came down before breakfast—he went out at one o'clock—the prisoner had been in attendance on him all the morning—after his lordship had gone out, the prisoner said Lord Russell had given him five messages to attend to, and he was fearful he should forget some of them—he said one of them was to send the carriage to fetch his lordship from Brooks's at five o'clock—he asked me what Brooks's was—I told him it was a club—the cook, the prisoner, and I dined together that day a little after one o'clock, the usual hour—after dinner the prisoner went out off the messages he had been entrusted with—he returned a little before five o'clock alone—he told me he should go and get his lordship's things out to dress—soon after he returned, the upholsterer's man came to the house, that was about five o'clock—he was in the house about a quarter of an hour—I saw him leave the house—he went to tighten the pull on the bell of his lordship's bedroom, to tighten the handle—the prisoner went up stairs with the upholsterer's man—while they were up stairs the servant's bell rang at the area gate—it was a man named Carr, an acquaintance of the prisoner's—I had seen him once before, about a fortnight before—he had then called to see the prisoner—Carr came down the area steps into the kitchen—he remained till about six o'clock—he took tea with us in the kitchen—the prisoner, the cook, myself, and Carr took tea—while we were at tea the

coachman came in by the area steps—on his coming down something was said about the carriage not having been sent for his lordship—the prisoner said he had forgotten to order it, and he should tell his lordship that he had ordered it at half-past five o'clock—I told him he had better tell his lordship the truth, and his lordship would forgive him—he said, "No, " he should tell his lordship half-past five o'clock; his lordship was very forgetful, and must pay for his forgetful ness—the coachman upon that left the house—after tea was over the prisoner went into his own pantry with Carr—(looking at a model of the premises)—this is the kitchen in which we took tea, and this adjoining room is the butler's pantry, where the prisoner went with Carr—they were there about half-an-hour—Lord Russell soon after returned in a hackney cab, about twenty minutes to six o'clock—I went to the pantry door and said, "Courvoisier, his lordship has been obliged to come home in a cab"—he then went up and let his lordship in—he went into the dining-room, which is on the groundfloor, immediately over the kitchen—his lordship soon after rang the bell, the prisoner went up, and afterwards came, down with a letter in his hand—he told me he was going to take it to the stable by Lord Russell's direction—he then went out, and Carr with him—I saw nothing more of Carr—the prisoner was not absent more than five or ten minutes, about as long as it would take him to go to the stable—he returned down the area steps—he told me in the pantry that his lordship seemed angry when he first came in, but he got quite good-tempered after—the prisoner brought in a dog of his lordship's when he came from the stable—Lord Russell then went out with his dog for a walk, as it was his custom to do every day—he returned about half-past six o'clock—the prisoner was soon after employed in making arrangements for Lord Russell's dinner—seven o'clock was the dinner hour—about seven o'clock a bellhanger came to fasten the handle of the door of Lord Russell's room—the prisoner requested me to go up with that workman, and I did so—he Was not in the house more than five or ten minutes—I did not go down stairs with him—he went out by the area—he mended the handle of the door—Lord Russell dined at home alone in the dining-room on the ground-floor—he was waited upon by the prisoner—he afterwards went up into the back drawing-room—he used to go up there to write—I left him there when I went to bed—he did not come down again to my knowledge—the coachman came in a little before nine o'clock to fetch the dog—I saw nothing more of the coachman that evening—the prisoner and I supped together that evening, a little before nine o'clock—the cook had gone out—during supper the prisoner and I had some conversation about change of servants, about a new cook coming into the house—the cook was going away, and a new cook expected—a friend of mine had applied for the place—the prisoner said, if his lordship did not take that friend he should not recommend any one himself—another person had applied—he said he wished he had not come into bis lordship's service, as he did not like it so well as he thought he should—nothing else passed—nothing was said about Richmond that evening—on the 22nd of April, the day Lord Russell came to London, the prisoner said his lordship had been very cross and peevish, as they had changed his room three times while he was stopping at the Castle at Richmond—I told him that must have been the reason that his lordship was angry—he said his lordship had lost a locket while they were at Richmond—he said he did not know how it was lost,

he could not find it—he said he did not know how the late valet could have stopped so long with his lordship; he did not think his temper would allow him to stop so long—some time after he said he must write to the porter at Richmond about the locket—he did not say what porter—it was not many days before the 5th of May that he said that—I think it was about between the 22nd of April and the 5th of May—I never heard him say any thing after that about the locket—on the evening in question the cook returned soon after ten o'clock—the prisoner let her in—she came in at the front-door—after the cook came in the prisoner went out to fetch her a pint of porter—he went out by the area gate—he was only gone a few minutes—there is a public-house close by—when he returned with the porter I do not know whether he locked the area gate or not—I did not see him bring in any thing but the porter—he made no observation about it—the area-gate was generally kept unlocked in the day—it was either the prisoner's or the cook's duty to fasten it—the key used to hang on a nail in the kitchen—I do not remember to have seen the key in the kitchen after he came in with the porter—I left the kitchen a few minutes after ten o'clock to go to bed—it might be ten minutes or a quarter of an hour after—I slept in the front-room, third-floor, immediately over the room in which Lord Russell slept—the cook slept in the same room—we slept in two separate beds—the room in which we slept had a lumber-room taken off from it—my bed was against the window, and the cook's against the door—I should have to pass the cook's bed in going to or returning from mine—it was my duty before I went to bed to light a fire in Lord Russell's bed-room—I did so that night—after lighting it I went up to my own bed-room—there is a door at the foot of the stairs leading from the landing by Lord Russell's door to the room where I and the cook slept—the prisoner slept in the back-room, third-floor, next to ours—every thing appeared to me in the usual state in Lord Russell's room when I lighted the fire, the same as on other nights—the room immediately joining Lord Russell's bed-room was not used—it is a sort of lumber-room—there is a door from that room leading into Lord Russell's room—the door which opened from the landing had a spring on it which caused it to close of itself—the opening and closing of that door made no noise, without it was shut hard—the door at the foot of the stairs leading up to our room shut easily—the door of Lord Russell's bedroom was covered with baize—the door at the foot of the stairs had a common latch, and had no covering—that door was sometimes closed at night, and sometimes left open—the cook came up stairs about a quarter of an hour or twenty minutes after me—I was in bed when she came up—she went to bed.

Q. Did you, or the cook to your knowledge leave that bed-room any more that night? A. No, I heard no noise, nor was I disturbed by any thing in the course of the night—it would be the prisoner's duty to remain up below till his lordship went to bed—the fire was left burning in the kitchen, and a supply of coals left—the cook used to attend to the fire—at the time I went to bed Lord Russell was in the back drawing-room—I saw a light in the back drawing-room as I went up stairs, and a little before that I heard the back drawing-room bell ring—I awoke about half-past six o'clock next morning—the cook was then in bed asleep—half-past six o'clock was about the time I usually got up—as I was going down stairs from my own room I knocked at the prisoner's bed-room door—I was accustomed to do that—I did not hear any answer given to my knock—I found the door at the foot of the attic stairs slightly open—I noticed the warming-pan on the landing

adjoining Lord Russell's room—it was lying on the landing with the handle nearest to the bed-room door—it laid across the door that would go into the back-room which was not used—you would have to step over the warming-pan to get into the back-room.

Q. Did it leave the passage to and from Lord Russell's room uninterrupted? A. Yes—it was the prisoner's duty to warm his lordship's bed every night—the warming-pan was generally taken down into the kitchen afterwards—during the five weeks the prisoner was in the service the bed had been warmed every night when his lordship was in town—once before the warming-pan had been left on the landing—I spoke to him about it, and told him it was not the proper place to leave it—I do not remember how long before the 5th of May that was—I think it was before Lord Russell went to Richmond—I left it there on this occasion, and went into the backroom adjoining his lordship's bed-room—I was not in that room a moment—I went in there for my broom—I did not observe whether the door between that and Lord Russell's room was closed or not—I then went down stairs into the back drawing-room, where I had left his lordship the night before—I noticed his lordship's writing desk turned round—it is what is called a Davenport-desk, with a sloping top which lifts up—four drawers were open, and the top jammed up with papers—I observed his lordship's bunch of keys and several of his papers lying on the hearth-rug—I noticed a screw-driver lying on his lordship's writing chair—I had seen that in the butler's pantry a few days before, in a bottom cupboard next the fire, in a little tool-box—I had seen it there two or three days before—the tool-box is one that the late valet had—it belonged to the place—I did not notice any thing in the front drawing-room—I opened the front drawing-room shutters—I then went down stairs, and into this passage—(pointing it out on the model)—when I got into the passage, I saw a number of things lying behind the street-door, which was shut—I went up to the door—it had no fastening but the latch—any body from the outside could open it with a latch-key—there were two bolts to the door, top and bottom, a double lock, and a chain, besides the latch.

Q. What did you first notice when you came down? A. I saw a number of things lying against the door—I was then at the bottom of the stairs—I then went up to the door and noticed bis lordship's large blue cloak—that was part of the number of things—it was not lying very close to the door—a little distance from it, was his lordship's opera-glass, a little trinket box lying on the top, and a number of things tied up in a napkin, which I did not examine at that time,—that was lying a little nearer the door than the cloak—the cloak was folded up very neatly—I did not at that time notice any other article—I examined the things after the police came into the house—there was his lordship's gold pencil-case, a gold tooth-pick and case—the pencil-case was in the folds of the napkin, and the tooth-pickcase also—there was also a silver sugar-dredger, a little silver caddy-spoon, a silver top of a salt-dredger, a pair of his lordship's spectacles, tipped with silver, a little cayenne spoon, a top of a silver dish-cover, and the cook's silver thimble—I knew the napkin to be the same that I had given out on the Monday for his lordship's dinner—I had seen it on the Tuesday, just before the prisoner went to lay the cloth in the pantry—I asked the prisoner if he wanted a clean one—he said no, he would make it do twice.

Q. Where were these things usually kept? A. The cloak was kept in the dining-room, on the last chair against the window—the opera-glass in his

lordship's bed-room, on the shelf over the fire-place, the little trinket-case, to the best of my belief, was kept in his dressing-case, but I am not certain; the gold pencil-case and tooth-pick his lordship generally carried about with him, and generally put them on a small table in his bed-room at night—he had three pairs of spectacles—I do not know where he kept them—the silver dredger was kept in the cupboard next to the fire in the pantry, and the caddy-spoon, and silver top of the cover—the dish cover was kept in a cupboard in the sideboard in the dining-room—the other part of the dish was also kept there—the prisoner had the key of that cupboard—I do not know whether it was locked or not—when I went up to the street-door I did not examine it, but just looked at it—I set the dining-room door open and saw a number of things lying on the floor—the shutters were closed, and I set the door open to give me light, as I felt alarmed seeing those things, and then I went and opened the shutters—after I had opened the shutters, I saw the candlesticks—I do not know whether they were plated or silver—some were plated and some silver—the bottom of the dish-cover and some sugar was on the floor—all the drawers and cupboard doors were open—I felt dreadfully alarmed, and ran up stairs to tell the cook—I found her in bed—I said something to her—she made me an answer—in consequence of what she said I went to the door of the prisoner's room—I said, "Courvoisier, do you know of any thing being the matter last night? "—he said. ''No"—his room door was shut—it was opened instantly by him.

Q. How long elapsed✗ between your first knocking at the door to awake him, and your going and knocking and speaking to him? A. I should say ten minutes—when he opened the door he was dressed all but his coat—he used to wash in the pantry below—he was dressed in the usual way that morning, except his coat—he used to put his coat on before he came down—I did not notice any thing but his waistcoat—that was the same he generally wore—he had his shoes on—sometimes I have seen him come down without shoes, and sometimes with them—he generally came down stairs dressed—on his opening the door, I said, "Do you know what has been the matter last night? "—he said, "No"—I said, "All your silver and things are about"—he looked very pale and agitated—he did not make me any answer—he came out of his room, and put his coat on as he was going down the attic stairs—he went down instantly, I with him—he went down first—he took the warming-pan down in his hand to the dining-room—it was my custom to call the prisoner of a morning—he was never so short a time dressing as that morning—he was sometimes half-an-hour, sometimes threequarters, and sometimes an hour—the first room he went into was the dining room, and there he left the warming-pan—I did not hear him say any thing then—he then went down stairs into his own pantry—there is a door near the pantry which opens into the back area—I did not notice whether that was open or shut—he went into his pantry—I followed him—there is a cupboard there and drawers, they were all open—he made up to the drawers first, and said, "My God, some one has been robbing us"—I said, "Let us go up stairs"—we both went up stairs, I think as far as the passage, and then I said, "For God's sake let us go and see where his lordship is"—we went up stairs—he went first—I followed him close behind—he went into his lordship's bed-room by the cloth door—the door closed upon me, but I had the handle in my hand, and went in immediately after—when you go in at the door there are three windows fronting the street opposite the door—the head of the bed is against the wall on the right

hand as you go in—when I went in, the prisoner was opening the shutters of the middle window—he would have to pass the foot of the bed to do that—I went about half way to the middle of the bed, at the foot of the bed, and saw blood on the pillow—before I noticed the blood, I said, "My lord, my lord"—the prisoner said, "Here he is, " or "There he is, " I am not certain which were the words—I cannot say whether that was before or after I saw the blood on the pillow—on seeing the blood I screamed and ran out of the room—there were hangings to the bed—it was a four-post bedstead—the curtains were closed on the side next the door, and about half-way at the foot, the same as I bad left them over night—I left the prisoner in the room, and I think I ran part of the way up the attic stairs, and then I turned round, and ran down into the street.

Q. Had you any object in going up the attic stairs? A. I was going to my fellow-servant the cook, when I thought I would give an alarm out in. the street, and my screams awoke her—I left the house by the street door, and went over to No. 23, Mr. Latham's, and rang the bell—it is nearly opposite—finding they did not come instantly, 1✗ rang the bell at No. 22, Mr. Lloyd's, and the footman came up the area steps immediately—I do not know his name—Young, Mr. Latham's servant, came out while I was standing at the door—I told him what had occurred—I had left the front door of the house open when I ran out—I was not gone many minutes, I merely crossed the street, rang these two bells, and came back again—when I came back to the house I think I met the cook at the bottom of the stairs in the passage—I am not positive—I then went into the dining-room—I do not know whether she followed me or not—at that time no stranger had come into the house—when I went into the dining-room I found the prisoner sitting on a chair in the act of writing—he had✗ a pen in his hand and a small piece of paper lying on a large book—he appeared to be writing on that small piece of paper—I said, "What the devil do you sit here for, why don't you go out and see for some one, or a doctor? " he said, "I must write to Mr. Russell"—he did not continue writing—he only wrote about two words—I said, "Some one must go for Mr. Russell"—I knew him to mean the son of Lord William Russell—he lived at No. 9, Cheshunt-place, Belgrave-square—on my saying that, the prisoner got up and came to the street-door—a sort of labouring man was going past, and the prisoner beckoned to him—I told him not to call such a man as that, and the man went on about his business—the coachman came a few minutes after, and Young, Mr. Latham's servant, about the same time—I think the coachman was in the house first—the coachman and Young went up stairs—I am not sure whether I went up with them, I am not positive sure—I do not know what I did at that moment—I think I did—I think the cook went to the bed-room door—I do not know where the prisoner was—I heard Young say something about fetching a doctor—I was on the stairs—I went down and was going to send some one for a doctor, when the coachman ran for Mr. Elsgood, a surgeon in the neighbourhood—the police arrived a very few minutes after that—I went up stairs when the police arrived, into the bed-room—when I went in I saw his lordship's face at that time, and I saw a quantity of blood—I was in the habit of making the bed—his lordship usually laid on the side next the window—there were two pillows—they were usually put side by side, as if for two persons—the pillows were in that state when I saw them that morning—his lordship laid on his right side with his face towards the window—he was lying with his head on the pil

low, nearest the window, and the other pillow was lying behind him—it was on the pillow next the window, on which I first saw the blood when I went into the room with the prisoner—when I went up with the police I did not notice whether there was blood on the other pillow—there was a dressing table in the room—it is the one on which Lord Russell used to put his pencil-case and tooth-pick—it had a white cloth on it—he generally used to leave his rings, which he wore daily, on the table—they were five—I had frequently seen them there of a morning—his lordship would frequently go down to breakfast and leave them there—there were no rings or toothpick, or pencil-case there then—they were all gone—there was a purse there—I took it up—it was empty—the police then took possession of the house, and have remained in it to the present time.

Q. Have you ever had conversation with the prisoner on the subject of money? A. Yes—the last time was on the Tuesday morning, the 5th—he said he had no money at home, he never took any out with him, and he had no money in the bank—I do not exactly remember what led to that conversation—he afterwards said he had 8l. some odd shillings in the bank—that was on the same day, in the same conversation—when he first said he had no money in the bank I did not make any observation—he said all the money he had then was 5l.; when that was gone he must ask his lordship for some more, and that he had 8l. owing him on the books against his lordship—nothing passed between the time of his saying he had no money in the bank and his saying that he had money in the bank—the cook was present.

Q. Do you remember whether any thing passed between you, after having first said he had no money, and then saying he had? A. I said to him, "Have you spent all that money I saw you take out? "—he said, "Yes"—I do not know how that conversation began—it was at breakfast—I had seen him take some sovereigns out of his box when he came up into his bed-room, and I was in my bed-room, and he had some sovereigns in his hand, which he put into his waistcoat pocket—I cannot say whether this was on Monday or Tuesday—that is what I meant by asking him what he had done with the money I had seen him take out—(I do not know how many there were)—he said he had, for he had paid a tailor's bill—this was on the Tuesday—it was his own tailor's bill.

Q. Which was mentioned first, having money in the bank, or paying his tailor's bill? A. Having money in the bank was mentioned first—I asked him what bank—he said in St. Martin's-lane—I believe there is a Savings' bank there—I told him that was the best bank he could put it in—I do not think he said any thing more at that time—he said he was not so well off as when he first came to England—I think he said that before that time—he said it once before, and he said it again at tea time, when Carr was there on the Tuesday evening—he said on the Tuesday morning that he had but 5l.

COURT. Q. Did he say where the 5l. was? A. No; he said he had but 5l.

MR. BODKIN. Q. Can you tell us whether he said he had but 5l. before or after he said he had the 8l. odd in the bank? A. I think it was before he said he had the 8l. in the bank—I never saw him in possession of any money of his own, but the sovereigns which I have mentioned—I never saw him with any Bank-note.

Q. Did he ever speak to you, or in your hearing, on the subject of

Lord William Russell's property? A. Yes, on two occasions, I heard speak of that—the first occasion was before his lordship went to Richmond—he said Old Billywas a rum old chap, and if he had his money he would not remain long in England—I said his lordship was not a very rich man—he said, "Ah, Old Billyhas money, and if I had it I would not remain long in England"—the next occasion was before the Tuesday, but I do not know how long—it was after he returned from Richmond—that was on the same subject—he said the same words as before.

Q. Do you mean to the same effect, or the same words? A. The same words—I was alone with the prisoner at supper the night before the murder—I had a glass of ale—he offered me a glass of something, which I tasted, but did not drink—he drank the same ale I did—in the course of the day on the 6th, I asked the prisoner if he heard me knock at his door—he said he thought he would begin to dress—he did not say whether he heard me or not—I have frequently seen the prisoner in his lordship's bed-room.

Q. Did you notice any thing particular in his conduct at any time? A. Yes—I did several times—I noticed that he was, looking into all his lordship's property, and every thing that he could—I asked him what he wanted in the rooms, and he told me he was looking after something—he has not told me what—this was before he went to Richmond—I cannot mention any article in particular, which he appeared to be looking at—on one occasion I noticed that he had his lordship's dressing-case down in his pantry.

Q. Would it be his duty to have it down there to clean it or any thing? A. I never knew the other valet to have it down—I cannot tell any article that he was looking at when he was in his lordship's bed-room, because his lordship used to carry the keys, and I never knew his lordship to leave any thing unlocked in the bed-room, except his dressing-case—it was not only in one room that I saw him looking, but every room—I do not know exactly what property his lordship had—one day his lordship left his cash-box unlocked—it was the day his lordship went to Richmond—it was kept in his lordship's bed-room, by the side of the bed—it was a little box his lordship always called his cash-box—it was covered with leather—the prisoner brought it down, and said it was unlocked—his lordship was gone out for a walk at that time—the prisoner brought it down into the dining-room, because his lordship was going to Richmond, and he always took it with him—his lordship burnt a rushlight at night in his room—I set one up that night—it was a whole rushlight—I left it unlit when I went to bed—I have since given one of the rushlights out of the same parcel to inspector Beresford.

Cross-examined by MR. PHILLIPS. Q. You have been examined, I believe, several times before the Magistrate? A. Yes—I cannot recollect how many times—it was three I believe, but I do not know how many times—I was also examined before the Coroner—I have not been examined by anybody since the committal of the prisoner, that I swear—not by Mr. Hobler—this is not the first time I have said I saw the prisoner looking not only into one room, but into every room after his lordship's property—I said it before I ever went to Bow-street, to the solicitor who was there when first I was examined, I believe it was Mr. Hobler—I also said it to my fellowservant—I have several times told what occurred, without mentioning that I saw him looking after the property—I gave evidence in the house of

Lord Russell on the first or second day, I am not certain which—I believe what I said was taken down in writing—I have no doubt that it was—Mr. Mayne, the commissioner of police, was there—there was no Magistrate present to my knowledge—I never saw him—there was no attorney there to my knowledge—I did not see any—there were only two persons, Mr. Hobler and Mr. Mayne—I did not know Mr. Hobler was the attorney—I did not know that was the name—the prisoner was not present—when I first went into his lordship's room with the prisoner, I said, "My lord, my lord, " and saw some blood on the pillow, and ran away screaming—I did not see his lordship on that occasion.

Q. Now, attend to me, on the oath you have taken, have you never said, "I saw my lord murdered in the bed? " A. No, sir, I never did—I never said his lordship was murdered, the first time—I did not see his lordship when I first went in with the prisoner—I never said I did, to my recollection—I really was that frightened, I do not know what I said at the moment—I know what I said in the room.

Q. But did you ever represent that when you went the first time into the bed-room with Courvoisier, you saw my lord murdered in the bed? A. I saw blood—I did not know whether he was murdered—I never said that I saw him murdered in the bed—I am sure I never did—I did not see his lordship the first time.

Q. I am asking what you said; if you said that, on the first occasion when you went in with Courvoisier, you saw his lordship murdered in the bed, would that be true or not? A. I do not know whether I said murdered or killed—I think I said something to my fellow servant—I think it was "killed"—she says I said either murdered or killed.

Q. I am talking of the time you went in with Courvoisier; did you represent to any body that, on the first view of the bed on that occasion, you saw my lord murdered in the bed? A. No—I do not think I said it—I could not say that, because I never saw my lord then—I did not represent that I did, to my belief—I did not, to my knowledge—I cannot say whether I did or not—when I first went in I saw blood on the end of the pillow—I said, "My lord, my lord, " and ran screaming out of the room.

COURT. Q. In giving an account of this afterwards to some other person, was the expression you used that you had seen my lord murdered in his bed, meaning lying in his bed murdered, is that what you said? A. No—I recollect it now; I said some one had murdered his lordship—I said it in the street to Young.

MR. PHILLIPS. Q. I am not asking what you said in the street; I ask you this, Did you ever say that the first time you went into the room you saw him murdered in the bed? A. No—I am sure of that—I was examined before the Coroner—to the best of my recollection, I have always given the same account of what I saw in the room on the first occasion, as I have given to-day—it is a thing which impresses itself on my mind—I was that frightened, I do not remember what I saw—on the second occasion I went in with inspector Tedman, and saw his lordship's face—I did not go up to the side of the bed, I went to about the middle of the foot of the bed, I then saw saw his lordship's face—Tedman went up before me—I followed him instantly—I was in the room the same time as he was—I did not see him go into the bed-room—I was further down the stairs—I followed up quickly—I did not see Tedman do any thing to my lord—On going down into the passage I saw several things lying there—I saw the napkin—I did

not look into the folds of that napkin then—I never represented that I did at that time—there were two or three policemen present when I saw the napkin the second time—I do not know whether Tedman was up or down stairs—When I went up to the cook, after having seen the things tossed about, I asked her if she knew if any thing had been the matter last night—she said "No"—the expression I used to Courvoisier was, "Courvoisier, do you know if any thing has been the matter last night? "

Q. The same words as you used to the cook? A. She told me to call him—those were the words I used to the cook.

Q. Pray, had you the least doubt that a great deal was the matter? A. No, I had no doubt at all—I did not think there was any thing the matter—not so much the matter as there was, because I had frequently seen his lordship's papers strewed about, much the same as they were that morning—I never before found the passage strewed with things.

Q. Had you any doubt then of any thing being the matter? I did not know what to think—I thought there might be something the matter—I did not know whether the cook could give me any information—she was up later than me by a quarter of an hour—I did not think she could know all this in a quarter of an hour.

Q. Why ask her? A. Because I had nobody else to go to—I did not know what to think when I saw the things in the passage—it surprised me very much—I went immediately up to the cook, and told her what I had seen—I went into the parlour first.

Q. Why not instantly go up when you saw the things in the drawingroom and in the passage? A. I did not know what the things were laid there for—I knew nothing about it—I did not go into the parlour before I went up to her—I went up to the door to see the things—I did not examine the street-door—I could see it from the bottom of the stairs—I went to it to see what the things were.

Q. Were you not surprised to find it unchained and unbolted? A. I sometimes have found it unfastened before—I cannot say exactly how long before—it might be before his lordship went to Richmond—once Courvoisier had forgotten to fasten it—that surprised me—I do not know whether I mentioned that to the cook or not—it was only once before that I had seen it unfastened—I was surprised at seeing the things strewed about the passage, but I was not so much alarmed till I went into the parlour, I then became more alarmed—I just opened the shutter—I went into the drawing-room to pen the shutters, not to see if property was there—I did not suspect any thing when I went into the front drawing-room.

Q. Although you had seen the desk twisted round, the drawers open, and the papers sticking out, you never suspected any thing wrong? A. No, I did not.

Q. Now it has been opened to us to-day that Courvoisier never took the least trouble to give any assistance; if I remember right, you told me that the prisoner appeared to be writing, and said he was writing to Mr. William Russell? A. He said he must write to Mr. Russell—I said, somebody must be sent for him.

Q. And after that, he was about to send the first man he saw at the door? A. Not that I know of—he beckoned to the man—he had sat about five minutes after I told him Mr. Russell must be sent for—when he beckoned to the man, I gave him a push, and said, "Don't call such a man as that"—I did not know what he was calling him for.

Q. What did you mean by saying, "Do not send such a man as that? "

A. Because he did not look like a man to send any where—I did not think the prisoner was going to send him for Mr. Russell—he was not a man I should send any where.

Q. If you found a house robbed, and a murder committed, should you not send the first person you could find? A. I do not know whether I should or not—I did not see his lordship when I first went into the room with Courvoisier—I am not certain whether I ever said I saw blood on the pillow, but could not tell whether I saw his lordship—I never said, "I did see his lordship the first time"—I did not see him—I never said, "I was not sure whether I did or not"—I had been living at Mivart's hotel—Lord William was stopping there a short time, not living there—he was there about a fortnight—I left Mivart's after his lordship went away—I do not know how soon after, it might be a fortnight, or it might be more—I did not go into any service after leaving Mivart's—I went into lodgings for two months—I then went into Lord William's service—it was at Mr. Don's, No. 9, Upper John-street, or Lower John-street, Golden-square, where I lodged.

Q. You have stated you took some ale from the prisoner, did you ever say you grew quite drowsy? A. Yes—I was not asked the question to-day, I felt quite drowsy afterwards, not immediately—I felt sleepy and drowsy—I feel drowsy of a night, but I felt drowsier that night, after taking the ale—I do not say it was the ale—I do not know whether it was the ale or what it was—the prisoner took some of it—I was sitting there about threequarters of an hour—just before I went to bed I became drowsy—I did not become so very shortly after taking the ale—it might be half, or three-quarters of an hour—it might be very shortly—I cannot say exactly the time.

Q. Do I state your sensations truly when I describe them in this way, "I felt very heavy and sleepy, and felt a drowsy sensation come over me very shortly after taking the ale? " A. Yes—it might be the ale that made me so—I did not mean to convey to the jury that he gave me drugged ale—I never tasted any thing particular in the ale—I did not mean to insinuate that it was drugged ale—I mentioned it merely as a matter of course—I never meant to insinuate it was the ale made me so—I was dreadfully frightened after I found that his lordship was murdered—it was after that that I said to the prisoner, "What the devil are you doing there? "—I am not in the habit of speaking so, but I did not know what I was about—I observed what he was about—I should not have said that, had he got up and assisted me—I think it was quite right to apprize Mr. William Russell immediately of the horrid event that had happened—Belgrave-square is not very far for a man to ride on horseback—the coachman might have gone—Courvoisier might have gone for the coachman.

Q. And might he not have taken the opportunity of escaping, if he was conscious of any crime? A. He might have escaped—Our sleeping-room is divided from Courvoisier's by a wall—I do not know whether it is lath and plaster—it is not very thick, and not very thin—I have knocked my hand against it—I do not know that it is hollow—I did not knock against it for any thing particular—I did not notice a hollow sound that I know of—when I went down with Courvoisier, and saw the things tossed about, I said, "Let us go and see where his lordship is."

Q. Did you think any thing was the matter with my lord then? A. I did not know what to think—he was unprotected, and nobody went to see—I found my fellow-servants safe.

Q. Why did you not use the expression, "Let us go and tell his lordship the house is robbed, " instead of saying, "Let us go and see where his lordship is? " A. Those were the words I used—I expected to find him in his bed-room—I did not know whether he was in his bed-room, or not—it is a small house—I had been into every room except the kitchen—I had not been into his lordship's bed-room then—I did not know where he was—I did not expect any mischief was done to him at that time—I was anxious to see where he was—I had no doubt where he was—I believe there has been a great deal of inquiry and search made all about the premises—I saw a ladder on the premises—it has been there ever since I have been in the house—it was there before I went into it—all the police saw it, and knew it was there—I heard inspector Tedman inquiring about the ladder—I do not know that he mentioned it at any investigation—I heard him mention it, but not at the investigation—I did not mention that there was a ladder on the premises—I heard many inquiries as to how any body could have got over the walls.

Q. Is not that ladder exactly the height of the wall which separates the yard of the premises from another? A. I never noticed it—the ladder was not always kept in the yard—when it was not there it was kept in the bath-room, which goes off from the house—I cannot tell how high that wall is—I have been in the yard hundreds of times—I have no idea how high the wall is—I have gone up that ladder, but not in the yard—I have had it in the house—I do not know the height of it—it is the height of other ladders—I do not know whether a person on that ladder could get over the sidewall—I never saw the ladder standing there before the morning of the murder—I did not see it till the police saw it—it was standing in the passage on the Tuesday, and I asked Courvoisier to take it away, and he took it and placed it there himself—I remember that now—it stood inside when I asked him to take it—it was in the passage just below three stairs—I was cleaning the passage, and said to Courvoisier, "Will you take this away? " and he took it out there.

COURT. Q. Standing in the house? A. Yes—it had been left there on Monday—the late valet had been there hanging some pictures for his lordship, and left it there—I asked Courvoisier to take it away, and he took it away, took it out of the house, on Tuesday—he set it where it was found by the police, on the side of the wall of No. 15, the left-hand side.

MR. PHILLIPS. Q. Did you desire Courvoisier to put it there? A. No, I desired him to take it away—I saw where he took it to—it did not surprise me in the least next morning.

~COURT. Q. Did it reach to the top of the wall? A. Not exactly, that I know—I never noticed it—it stood quite upright.

MR. PHILLIPS. Q. Was it leaning against the wall? A. It must be leaning against the wall—I did not see it for a long time after—I saw it in the course of the day leaning against the wall—I do not know how far it was from the top of the wall—any body on the top of that could easily have got over the wall.

Q. Now, you were in the house ever since this unhappy event took place, have you seen any people trying chisels, pokers, and instruments of all description, against the doors and wainscoting? A. No—(looking at the model)—this is the glass door leading into the yard—I do not know of any experiment being made on that door and door-post since the police

came into the house—I had not observed any marks on that door before the police came into the house—that is the door through which I have gone scores of hundred of times into the yard—I never noticed any marks on that door—I believe I first mentioned about the prisoner giving me the ale at the last examination, but I really do not know—I was never in the house before I went into his lordship's service—I never was in the street before—I had not looked out for a situation while at Mr. Don's.

Q. You preferred living on your means? A. No, I did not, I was doing the servant's work in the house—Mr. Don kept two servants.

Q. I thought you mentioned it as a lodging? A. It was a lodging when I first went there, but the servant went away, and I did the work of that servant, because I would not be spending my own money—I was, it might be, about a month at Don's before the servant went away, but I do not know—I did not hear of a situation in that month—I inquired of people coming to the house, and the servants in the house asked the tradespeople about a situation for me—I did not go myself—Mr. Don is a tailor—I had never seen the Waterloo medal but once before—I saw it then on the table in his lordship's bed-room—he had emptied a little box—his lordship never kept his bed-room door locked.

Q. How did you find out that my lord wanted a servant? A. When I left Mivart's hotel I asked the head waiter if he heard of a light place to let me know, he said he would, and when his lordship came from abroad he sent for me by one of the men out of the stable—I never, to my recollection, heard Courvoisier mention the wages he had at Mr. Fector's—he had not so much at his lordship's by 5l. as the late valet—I do not know what his wages were—I do not know that it was 45l. a year—he told me it was 5l. less than the late valet had—I did not hear him say he had double the wages he had at Mr. Fector's—he told me had no money in the Bank, and then said he had 8l.

Q. When you said to Courvoisier, "Let us go and see where his lordship is, " did he not say to you, "What will he say? " A. No, I did not hear him say any thing—I cannot swear he did not—I never heard him say any thing at that time—I can swear I never heard him say that—I do not recollect hearing him say any thing when he was going into the diningroom—I never heard him—I did not see the area gate at all after the prisoner went out for the beer for the cook.

MR. BODKIN. Q. You have been asked about some examination of persons in the house in the presence of Mr. Mayne and Mr. Hobler, on what day was that? A. I do not recollect the day—it was not the day of the murder—I was examined in the absence of the prisoner—the prisoner also went into the room to be examined in my absence—the other servants were examined separately in the same way—we were all kept separate from each other—no one had been at that time charged with, or accused of this offence, to my knowledge—when I went up into the bed-room with Tedman the door was opened by the men that went up stairs—the door had not closed after them before I went in—it remained open—I do not know how near I was to the room when Tedman went in—I was part of the way down stairs—when I went into the room Tedman was round by the side of the bed against the window, near his lordship's head—Young and some other persons had been up in the room before I went up with Tedman—I had seen the Waterloo medal about three months before his lordship's death—his lordship was in the room when I saw it—it was lying open—I never in my life had any quarrel or cause of quarrel with the prisoner.

MARY HAELL. I was cook in the late Lord William Russell's service for two years and nine months—his lordship dined at home on the 5th of May—after dinner I washed the plate—I went out a little before nine o'clock, and returned a little before ten—I went out alone and returned alone—Courvoisier let roe in at the front door, and he fastened the door when I came in—he locked, bolted, and chained it—I went down stairs into the kitchen—I did not go out of the house after that time—before I went out at nine o'clock, I went into the yard to fetch the cold meat in for supper, and I bolted the door after me—the cold meat was kept in a safe in the lower yard—the door I bolted was the one which leads from the passage close to the pantry, into the lower yard—there were two bolts to that door, one at the top and the other at the bottom—I do not think I bolted the bottom bolt, because it was out of repair—I had not been in the habit of bolting that bottom bolt of late—on my return home I had my supper in the kitchen—Courvoisier and Manser had already supped—Manser went to bed first—before I went to bed Courvoisier went out and fetched me some beer—he went out by the area gate—I did not notice where he put the key of the area gate on his return—it usually hung up in the kitchen—he had taken it to let himself out of the area gate, but I did not notice on his return whether it was put there again—I went up to bed about half-past ten o'clock—the prisoner did not remain in the kitchen till I went up stain to bed—he was in the pantry when I went to bed—he had not been very long in the pantry before I went to bed, only a few minutes—he had been up stairs while I was at supper—he went up stairs to the drawing-room as the bell rung—when I got up stairs into my bed-room Manser was in bed.

Q. Did she to your knowledge leave; the room in the course of that night? A. No, I do not believe she did—I did not leave it at all—I was not disturbed at all in the night by any noise, or any thing out of the common way—Manser got up first next morning—I think it was about a quarter to seven when she went down stain—I was still in bed—she generally used to knock at the prisoner's door as she went down—I heard her do so that morning as she went down—she came up stairs again in about five minutes and made a communication to me—I immediately got up—before I got up she went again to Courvoisier's door, and I heard them both go down stairs—whilst I was dressing I heard the housemaid scream, and on hearing that I finished dressing and ran down stairs—I ran to the lower part, near the dining room—I saw Manser there—she said his lordship was killed—I just went into the front dining-room—I saw the prisoner and Manser there—the prisoner had got a slip of paper and a pen, and was writing something on a book—I then went to the front door—in the course of the morning I saw the prisoner in the back diningroom—it was a few minutes after I had seen him in the front dining-room—he was sitting in a chair by the middle door—he said, "Oh dear, they will think it is me, and I shall never get a place again"—when I came down I saw some things lying about in the passage—there was his lordship's cloak, an opera glass, and trinket box—I saw a bundle in the passage by the cloak, tied up with a dinner napkin—the contents of that bundle were not taken out before the police came—I had left a thimble of mine the night before in a work-box in a cupboard in the kitchen—that cupboard is on the right hand as you face the street—in the morning when I went into the kitchen, I found the cupboards and drawers all open—there

was nothing taken away that I am aware of, except that thimble—there was nothing of any value in the cupboard—I do not know how it had been opened—there was no force used—the lock was shot—I think it could be opened easily—I could not open it when it was locked—this is it (looking at the plan) there are two or three doors to it—I did not observe any marks of violence, but the lock was turned, not unlocked—the bolt was shot—I had locked that cupboard myself the night before, and taken the key up stairs—there is a little bolt on one side as well as the lock—I could not be positive that I put that bolt down, I think I did—two of the dresser drawers were open, all out of order, and rummaged—they had not been locked—I left a fire in the kitchen, the night before, when I went to bed—I left the prisoner up, he was to supply it, in case any thing was wanted—his lordship always had his bed warmed—I left coals to feed it with.

Q. Do you recollect ever having any conversation with the prisoner about money? A. On the Tuesday morning at breakfast he said he had only 5l., and when that was gone he must ask his lordship for more—there was something else said, but I cannot recollect—I heard the prisoner say once that Old Billywas a rum old chap, and if he had his money he would not be long in England—that was all I heard him say—I cannot recollect when that was, exactly—it was about a week before—it was in the kitchen—we were at one meal, I cannot recollect which—the prisoner and the other servants lived comfortably together, we never had a word with him—I was going to leave the service—that was not on account of any quarrel with the prisoner.

Cross-examined by MR. CLARKSON. Q. The prisoner, and you, and the others lived comfortably and peaceably together? A. Yes, we never had any quarrel, because we had no reason—when he said that about my lord, I only thought he said it as a joke—he said if he had as much money as Old Billyhe would not remain in England—he is a Swiss—I do not know whether it was his lordship's custom to give him money for the weekly or monthly supply—he has not paid bills, except for his lordship—he said something about money in the Bank—that was when he said he had only 5l., and when that was gone he must ask his lordship for more—he said something about having 8l. in the Bank.

Q. The 5l. did not refer to all he had in the world, but to what he had for the expenses of the house? A. I did not properly understand him—he said something about the Bank—I did not give more than 18d. or 2s. for the thimble—I had had it a very long time, before I went into my lord's service—there was a step-ladder in the yard—it used not to be kept there lately, I think—I believe it had been in the bath-room, except a day or two previous to what happened—it is not a ladder, but steps, which open with a string from one end to the other, and stand by themselves—I think it is six or seven feet high—I saw that ladder the following morning, after his lordship's death—it stood in the yard, just outside the glass door of the upper yard, and against the wall—it was not quite so high as the wall—there would be no difficulty, in a person who was at the top of that ladder, putting his foot over to the lead at the top—I do not know whether the prisoner sat in a good many places in the course of that day—the back dining-room was the place I saw him in.

Q. How soon after your fellow-servant gave an alarm on the opposite side of the way, was it before the coachman and groom came into the house? A. The coachman came first some time—I think it was five or ten minutes

before he came—I do not know who gave the order for Mr. William Russell to be sent for—I do not know whether it was the prisoner—I do not know who sent—the ostler of Mr. Shenton, a neighbour, went—that was after I saw Courvoisier sitting in the back dining-room—I saw him in the back dining-room before any body was sent for Mr. Wm. Russell—it was a minute or two either way—I do not know who went for the man that went for Mr. Russell—I was very much alarmed and agitated—I hardly knew what I did.

Q. Would you not as soon have sent the first man you met in the street, as have sent the ostler? A. No, we knew the man—he came to the door, and knowing him, somebody asked him to go.

Q. We understand your bed comes the right side of it, flush on the lath and plaster of the division between your bed-room and the prisoner's? A. Yes, it is a thin partition—I never examined it—I cannot say whether I could hear him turn in his bed—I could hear him in his room, if he moved a chair or any thing—if he had been walking about in his shoes, and I was awake, I should have heard him—I should hear him cough and blow his nose, if I was awake—I was awake when Manser got up at a quarter before seven o'clock—I heard her go out—it might be about half-past six o'clock when she got out of bed—I had not spoken to her before or after she got out of bed—there was no conversation—I had not spoken to her—I do not recollect her speaking before she went out of the room—she was about a quarter of an hour dressing—she washes up stairs—I cannot recollect whether she washed herself that morning—I cannot say whether she did or not—that was about the time she usually got up—the prisoner used to wash and shave himself below—he sometimes was longer dressing than at other times.

Q. You say he said, "Oh dear, they will think it is me, and I shall never get another place, " did that strike you as being a natural expression for a man under such circumstances? A. I thought it seemed strange, but he was alarmed, and I thought at the time he did not know what he was saying—he seemed as confused and agitated as the rest of us—there was nothing in his appearance to lead me to suppose more than that he was alarmed and agitated—when Manser came up-stairs after being below, she described to me what she had seen—she did not tell me what she had seen in the folds of the napkin then—I came down and saw them—I saw a gold pencil and tortoiseshell toothpick—I saw them when I first went into the passage—I saw the bundle lying, but did not untie it—I saw the pencil-case and toothpick lying in the folds—that was five or ten minutes before the policemen came—I think Manser was with me at the time—I believe she observed them, and pointed out the things—I cannot positively say whether she spoke about the pencil-case and toothpick in the folds of the napkin, or whether I saw them myself—I cannot say whether she repeated the words, but I saw them there—I cannot tell whether she pointed them out to me, or I to her—I observed the bundle lying in the passage, and the cloak, and the pencil-case and toothpick-case in the folds of the napkin—I recollect seeing them—they might be seen by a person going to the spot without meddling with them at all—I did not see my lord's rings found—I had seen his lordship wear rings—they were much more valuable than my thimble—there is some plate which I believe has not been found—I believe there is a reward offered for some—I know there are silver forks and spoons

which have been advertised and never been found—I do not know how many pieces—I have heard there are forks and spoons among the missing plate.

MR. CHAMBERS. Q. Do you know at all how much is missing? A. No—the pencil-case and toothpick were in the folds of the napkin, outside, lying on it—Mr. Shenton is a livery-stable keeper—his lordship kept his horses at livery there—the pencil-case and toothpick were visible for any body to see that came down—I am not aware of the prisoner's paying any of Lord Russell's bills—he might have paid small bills if his lordship gave orders—I was to pay the household bills after Ellis left, but none of the household bills were paid after Ellis left, because I have got the books.

COURT. Q. You said the prisoner took the key in order to get out by the area; do you mean the key of the door of the house leading into the area, or the key of the area gate? A. The area gate—the area door was bolted and barred—I left it bolted and barred that night—that was after he came in with the ale—I bolted and barred it myself after he came in—it was not necessary to open that door to let him in with the ale—the housemaid and I were in the kitchen while he was gone for the ale—the door I speak of goes out of the kitchen into the area, not out of any passage—I do not remember whether the key of the area gate was brought back to the place where it usually hung.

WILLIAM YORK. I was coachman to the late Lord William Russell. I lived out of the house—I should have been in his lordship's service four years on the 6th of June—there was also a groom—he lived out of the house—on the 5th of May I went to his lordship to see him, at half-past eleven o'clock—I saw him—nothing particular passed between us then—I went to the house again at half-past two o'clock, but did not see his lordship—I had no directions from the prisoner about going to Brooks's—I went to the house again about ten minutes after five o'clock—Courvoisier and the two female servants were at tea—Courvoisier said to me, "You should have been at Brooks's at five o'clock, but I forgot to order you; you had better go directly"—I went directly—his lordship had gone when I got there—his lordship had some explanation with me, and I told him I had gone according to order—on the following morning, when I was dressing myself, a little before seven o'clock, a report came to my lodging, in consequence of which I went to his lordship's house—I got there a few minutes after seven o'clock, and saw the cook, the housemaid, and Young, the butler, from No. 23—I did not see the prisoner at that time—Young and I went up-stairs to his lordship's bed-room—Young went to the bedside next to the window, and uncovered the sheet—I perceived blood on the pillow, and on the sheet likewise—I did not see his lordship's face when the sheet was pulled aside—the face was covered up with a cloth or towel of some kind—I stood at the foot of the bed a few minutes—the police entered the room—inspector Tedman came into the room, and the police with him, or a few minutes later—that was after I had seen the sheet pulled aside, and the blood on the pillow—Tedman and the police came in while I was at the foot of the bed—in consequence of what was said I went for a surgeon immediately—I went to Mr. Elsgood, at the corner of Park-street and Grosvenor-street, and brought him to his lordship's house—on my return to his lordship's room, I saw the prisoner behind the bed-room door sitting down—his face was covered with his hands—he said

"O my God, what shall I do! "—I saw him again about half an hour afterwards, down-stairs.

EMANUEL YOUNG. I am butler to Mr. Latham, of No. 28, Norfolk-street, Park-lane. On the morning of the 16th of May I heard the house-bell ring about seven o'clock—I went up and found Manser on the opposite side—she told me something that had happened—I went to Lord Russell's house—she told me to go for the police—I returned in about five minutes—York, the coachman, came very soon after—he and I proceeded up stairs to Lord Russell's bed-room—I believe York went into the room first—we went in nearly together—the shutters of the middle window were open—I noticed blood on the bed—as I was standing at the foot of the bed I saw the blood on the bolster, on the towel, and also on the sheet—the towel was covering his lordship's face—I then went to the side of the bed nearest the window, and turned down the sheet of the bed—I did not take the towel from his face—I had no opportunity of seeing whether there was any wound on his lordship—the prisoner came into the room shortly afterwards—at that time the head of Lord Russell was still covered with the towel—his right hand was in a bending position—I saw that on moving the sheet.

Q. You had ascertained, I suppose, by observation, that he was then quite dead? A. The housemaid told me his lordship was murdered, and the house was robbed, before—I felt his hand when I turned down the sheet—it was quite cold—I did not observe any weapon or instrument on the bed or near the body of Lord Russell.

COURT. Q. When had the housemaid told you that his lordship was murdered, and the house robbed? A. At the time I crossed the road, before I came to the house—I saw the napkin taken off his lordship by Mr. Elsgood, the surgeon, afterwards.

MR. BODKIN. Q, Do you remember the particular phrase she used? was it the word "murdered? " A. I believe it was—the prisoner came to the foot of the bed while I was in the room—he raised his hand, and instantly fell back into an arm-chair—he said, "What shall we do? "—he appeared to be very much distressed at the time—I cannot say how long he remained in the arm-chair, but it was some time—it might be ten minutes, or it might be a quarter of an hour—he constantly kept saying, "What shall we do? "—at the end of ten minutes or a quarter of an hour he rose up from the chair, went to a small table in the room, and began to examine a small dressing-case—he took off the top, and also took out the inner part, and put the inner part into a cupboard, very quickly, by the side of the fire-place—by the inner part I mean a kind of tray which lifts out—it contained several articles—he came back with the dressing-case after shutting the cupboard door, and with his hand he removed the rings, which I saw at the bottom of the dressing-case which was under the tray—I saw four rings—he removed them with his hand at the bottom of the dressing-case—I left the prisoner at that moment—during the time he was moving these things he spoke to me about his place—he said, "I have lived with his lordship only five weeks, and what shall I do for my character? "—I did not make any observation to him on that, to my knowledge—he did not interfere with any other article in the room in my sight—he said such and such things were missing, but I do not know what—he mentioned several things that were missing—I remember his saying rings were missing, and likewise his lordship's watch and pins—I did not go out of the room when I left him—I assisted Mr. Elsgood, who had come before that—he came

into the room before the prisoner—I assisted Mr. Elsgood in examining the body—I noticed a rushlight in the room—I cannot tell the length of it when it was placed up, but it appeared to have been burning a short time, I may say an hour—Inspector Tedman came in while I was there—after that I went down to the lower part of the house—the prisoner went with me—he did not say any thing to me till we got to the bottom of the house—he then said, "Oh, here is where they came in"—he pointed to the place where I was standing at the foot of the staircase leading to the basement—I could see the door which goes into the back area from where I was, and so could he—that door was open—I went and examined the door, but not with any great particularity then—the prisoner went to it first—it was not standing wide open, but it was open—the prisoner took it in his left hand, opened it still wider, and said, "Here is where they came in."

Cross-examined by MR. PHILLIPS. Q. You say the prisoner fell back into a chair? A. He did—I had an opportunity of seeing my lord's neck and face when it was uncovered.

Q. Was it not a spectacle to utterly shock and horrify any body who saw it? A. It was very horrifying, so much so as to affect the nerves of the stoutest, strongest man—it certainly affected me—I was not unnerved—my nerves were shaken, but I was not unnerved—I did not see Tedman at the door where the prisoner said they had got in—I left him up stairs—I found a silver candlestick in the bed-room, near his lordship's bed-side—I examined it, and ascertained that it was silver by the stamp—I judged by the appearance of the rushlight that it had been burning about an hour—I have been in the habit of seeing rushlights lighted and burnt—it had not burnt out entirely—it appeared to have been blown out—I judged it had been burning about an hour, from what was left.

MR. BODKIN. Q. At the time the prisoner came to the foot of the bed, and fell back in the chair, was the upper part of the body uncovered, so as to expose the wound? A. It was—Mr. Elsgood had uncovered it before the prisoner had come into the room—the candlestick was standing by the side of the bed, on a small book-case, between the two windows—it was as near to the head of the bed as it could possibly stand, being on the bookcase—there was an article of furniture immediately adjoining the head of the bed—it was not on that, but on the book-case between the two windows.

HENRY ELSGOOD. I am a surgeon, and reside at No. 14, Upper Brook-street, Grosvenor-square. I was called to the house of the late Lord William Russell on the morning of the 6th of May—I got there about half-past seven o'clock—I went up into the bed-room immediately—I found him in bed—the body was then covered up—the clothes were over the body, as usual with a person lying in bed, and the towel was over the face—I turned the clothes down and removed the towel from his lordship's face—when I had done that I observed the body to be lying on the back, partly on the right side, slightly inclined on the right side—there was some blood on the sheet which was turned over, and on the pillow, and also on the towel which was over the face—when I turned the clothes down, and removed the towel, the shirt-collar was wide open, and there was a sort of worsted network comforter, over the chest, drawn up to the chin—I was obliged to divide that comforter before I could see the wound—when I had done that I found the wound extended from the top of the left shoulder round to the part called the trachea—it went round to the

right side of the trachea, dividing the throat—that wound was decidedly sufficient to destroy life, and immediately—at the commencement it was about four or five inches deep, and at the termination, I should say, about three—it was made with one incision, I should say, decidedly, and with very great force, by the parts that were divided—it was a wound that might have been made with a knife or some such instrument—I have not been shown any knives that were down stairs.

Q. Having observed the body, and the situation in which his lordship was lying, and the nature of the wound, in your judgment was it possible he could have inflicted it himself? A. Decidedly not—utterly impossible—there was no knife, nor any instrument near his lordship whatever—I had never attended Lord William Russell—I had known him by sight for some time—I examined the body again on the Friday evening, and saw that the ball of the thumb of the right hand was nearly cut off, and there was a small incision below that—when I first uncovered the body the left hand gripped the sheet—it had a firm hold of it—there would be a great gush of blood from such a wound from the artery, to the left—I did not observe any appearance indicating that that had taken place.

Q. Was there any thing to show how that could have been prevented? A. There was a pillow at the left side of the bed, down by his lordship's head, which was saturated with blood, which induced me to say that had been used—not the pillow on which he was lying—it was at the corner, lying by his side—the corner down by his head had blood on it.

Q. How could that have been used to prevent the gush of blood? A. It might have been held directly over the mouth of the vessel, directly the artery was divided—the blood which had flowed from the wound had run through the bed and on to the floor of the room.

Cross-examined by MR. PHILLIPS. Q. Did you observe whether there was any thing on the counterpane? I do not mean any mark. Did you observe the miniature of a lady? A. There was a miniature there, I believe, which Tedman told me of—I do not recollect seeing it at all—Tedman had got there before me.

JOHN NURSEY. I am an apothecary, and live in Cleveland-row, St. James's. I was accustomed to be the medical attendant of the late Lord William Russell for many years—he was about seventy-three years of age—he had suffered from frequent diseases, and from asthma especially, and he was of a spare and feeble habit of body in consequence of that disease—on the morning of the 6th of May I was called to his lordship's house in Park-lane, and found Mr. Elsgood there—I examined the wound—I have heard Mr. Elsgood's evidence—I agree with him as to what he states about the wound being the cause of death, and being given by a sharp instrument with great strength—I could see entirely into the wound almost from one extremity to the other—I could not see behind, but I felt behind, and felt the bone—after examining the wound I felt interested as to what I saw, and requested those present to place every thing in the situation in which it was first found—Tedman, Courvoisier, and other persons were present—I requested them to place the things as they were at the time of the discovery—they did so—Courvoisier assisted in doing it—I entirely agree with Mr. Elsgood that it was impossible Lord William could have inflicted that wound upon himself—I have seen some of the knives in the house, the poultry carving-knife particularly—they were exactly such instruments as would have inflicted such a wound.

Cross-examined by MR. PHILLIPS. Q. I suppose a razor or any sharp instrument would have done it. A. Any sharp instrument would have done it.

MR. ADOLPHUS. Q. Do you mean, a razor would inflict a wound of that depth and length at one blow? A. I think it possible.

THOMAS SELWAY. I am servant to Mr. Cutler, who lives at No. 15, the adjoining house to the late Lord William Russell's, on the north side, towards Oxford-street. I went into the house on the morning of the 6th of May, about seven o'clock, hearing screams—I first heard screaming up-stairs, as I was dressing, then I came down and heard screaming at the front door—I made inquiry—it was stated what had occurred, and I went into the house.

Q. Did you hear the screaming up-stairs in the house, or were you up-stairs when you heard it? A. I was up-stairs—the screaming appeared to me to come from Lord Russell's house—from the attics—I did not hear screams from any other part of the house until I came down. stairs—the screaming then appeared to come from the front door—when I went in I observed the housemaid and the cook in the passage—I saw a cloak, an opera glass, and some other things lying in the passage, behind the front door—I then went into the dining-room—I found the prisoner there alone—he was sitting between the door and the window—he was not doing any thing.

Q. Did you speak to him, or he to you? A. I cannot recollect correctly, only I remember he asked me to go down to No. 100, Park-street, to ask the butler to come up—I do not know who lives at No. 100, Parkstreet—he did not say who the butler was—he appeared to be in a very agitated state indeed—he got up from his seat to speak to me—nothing more passed between us that I recollect—soon after that, two of the policemen came in—I then left the house, and returned to my master's—(looking at the model)—this wall separates the yard of Lord Russell's house from the yard behind my master's house, in connexion with that lead—directly I returned to my master's house, I went to the back drawingroom window, which enabled me to look on this flat—this is the wall behind Lord Russell's house—it continues on behind my master's house—the lead flat was very dusty indeed—I should say the lead is from three to four feet wide—it covers a flight of steps from my master's house.

COURT. Q. It is a lead flat which is let into the wall, and coven a flight of steps? A. Yes.

MR. BODKIN. Q. Did you observe any marks on the dust which was lying on the lead flat? A. I did not—I looked distinctly for that purpose—I believe no person could have passed over it in the state in which it was then, without leaving marks or tracings behind—these walls and the continuation of them at the back of my master's house, are whitewashed—I looked at them at the same time to see if there was any mark or scraping of any body having gone up there, and there were no signs of any thing of the sort—there is no mode by which any person could come from Lord Russell's yard across that lead flat.

Cross-examined by MR. CLARKSON. Q. You say the prisoner appeared in a very agitated state, did the two women appear in a very agitated state also? A. They did.

JOHN BALDWIN (police-constable C103.) I was on duty in Norfolkstreet, on the morning of the 6th of May—I went to Lord William

Russell's house a few minutes past seven o'clock—I saw a female at the door, who let me in—Rose was with me—I was accompanied into the parlour—I asked whether there was any man-servant, seeing the things lying about the parlour—she said, "There is the man-servant, sitting behind the door"—I saw a man sitting behind the door, with his hands up to his face—he had his face from me—I asked why he did not get up and tender us assistance—he did not get up or take his hands from his face—he made me no answer—I asked him after that, why in the world he did not get up and render some assistance, but he did not give any answer the second time—I turned round and said to Rose, "Rose, he must know something about this"—the man made no answer to that—I never received any answer—he was near enough to hear what I said—I remained there, collecting the things off the floor, and putting them together—I then accompanied Rose down into the kitchen, to see if there was any thing gone from there—I did not go into the front kitchen—I went to the back kitchen door, the door leading into the back yard at the very bottom of the house—it was standing open—I examined the door—the prisoner was not with me—I walked out into the area, and I thought there was no break in—I observed there had been marks of violence on the door—I then went into the butler's pantry, and saw a person sitting behind the door with his elbows on his knees, and his hands up to his face—it was apparently the same man at I had seen in the parlour—I told him I thought he had made a devilish pretty mess of it, and said, "You must know all about it"—he did not make me any answer—I never was answered by any one—I theft went and examined the back yard—there it a wall on the left hand side as you go out of the door at the back yard—on the top of the wall, there is a lead flat in the upper yard, the yard which is on a level with the passage which comes to the street door—I got up out of the back yard into the top yard—I got up by putting my foot on the window ledge, and on the door of the water-closet—Rose was with me—when I got into the top yard, I first observed the partition wall between Nos. 14 and 15, on the left hand of the yard—it is a white-washed wall—near the top of it, there is a ledge of slate projecting about two inches or two inches and a half.

Q. Were there any marks on the white-washed wall, showing that any person had climbed up? A. Not the least whatever, nor any dust brushed off—the ledge of slate was perfect, not broken—I took the steps and got up to the lead flat—I found the steps standing in the yard by the wall of which I have spoken, leaning against the wall—they were not in a position for a person to go up them at they stood—Rose pulled them out—they were not pulled out before, but standing close together—on getting up the steps I had a good view of the top of the lead flat—there was dust on it—there were no foot marks or any appearance of a person having passed over it at all—nor any finger-marks, for I tried it with my own hands—from the state of the dust a person could not have passed over it in the course of the night without marking it—I could not do it myself—I tried it with my hand to see if it would make a mark, and it did—I afterwards got on it and walked on it, and there were the marks of my feet upon it—I also examined the high wall at the back of the yard—there were no marks whatever on that of any person having got up it—there is a low building on the right hand side—I observed no appearance of a person having got out of the yard or got over there—Rose examined that—there were no marks whatever.

Cross-examined by MR. PHILLIPS. Q. What were you doing at the time you were angry with the prisoner for not giving you assistance? A. Looking at the things—I did not get any information of what was lost—I asked the females what was lost—I was angry with him for not assisting me—the females said they did not know what was lost—they did not tell me the things that were found in the passage.

Q. So that they gave you but little assistance? A. They did all they could—they did not tell me any thing—I could not have made any mistake when I got up on the leads—I did the best of my endeavours to see whether there were any marks, but I could find none—I would not make a mistake intentionally—I could not make a mistake there, because then was plenty of dust—I am not liable to make mistakes intentionally—when I tried with my hands I could see that I could make marks with my finger.

Q. A man doing a thing intentionally is a misrepresentation, not a mistake; but without intending it, have you not made a mistake in the course of this very examination at the house? A. I do not know that I did—when I first examined the kitchen door I thought somebody had broken in—I found afterwards that there was no break in—I thought there was at first, when I saw the door standing open—I did not think so after I examined the door.

Q. Did not you go down to the kitchen, examine the door, and first think somebody had broken in? A. The door was standing open—it might have been a breaking in I thought, till I examined it—I examined the door when I pulled it to, and could see there was no breaking in.

Q. Did you examine the door and think there was a breaking in at first? A. How could I examine the door when it was open—I examined it as soon as I got outside—I did not think there was a break in after I examined the door—I never said I did—it was from seeing the door open that I thought there was a break in—I laid my hand on the lead to see if I could make marks with my fingers—the dust was not very deep—it had been a fine night the night before—there had been no rain for some time.

Q. Tolerable good winds in the beginning of May I believe, were there not? A. Certainly there were winds—I should not say the wall is thirtyfive feet high—I never measured it—I do not know how high the whitewashed wall is from the ground—I was there a very few minutes.

Q. Perhaps you did not make much observation? A. I did all I could—it might be fifteen or sixteen feet high—I cannot say that it is double that height—it did not appear so, in my opinion—I cannot say how many minutes I was there—it was more than four or five minutes—perhaps a quarter of an hour or twenty minutes—I call that a few minutes.

Q. Have you heard of any reward being offered in this case? A. No, never—I have been a policeman several years—I joined it the first day.

Q. Now on the oath you have taken, do not you know that a placard with a reward was sent to every station-house in London? A. I never saw it—I never heard it to this day—I do not know what it is to this day—I never heard what the reward was—I never heard of it, or of any reward—I have been in Lord William Russell's house three or four times—I have not talked to my brother policeman about this dreadful transaction—I have seen him several times, but had nothing to say to him—I have not talked to different policemen about the murder—it has been men

tioned—I have not heard my brother policemen conversing about it—not with any parties belonging to the house.

Q. I am not asking about parties belonging to the house, but about your own brother policemen; do you mean to tell the jury that you have not over and over again conversed with policemen about the murder? A. I have certainly spoken to one or two, but never conversed with any body, not with the parties belonging to the house—I have spoken to people I know.

Q. To policemen? A. Of course I have—I cannot say to how many I have spoken to on the subject of the murder—I will not swear I have not spoken to twenty—I will not swear I have spoken to twenty—I might have spoken to twenty, thirty, forty, or a hundred.

Q. Why, then, did you fix upon one or two? A. I fix upon nothing—I spoke to nobody in no particular manner about it—I asked nobody noquestion—no policeman belonging to the house.

Q. Do you mean to persist in saying you never heard of a reward being offered? A. I do—I never was told of any reward—I can write my name—I cannot read much, I am not a very good scholar—I can read print in very large letters on placards—I belong to Vine-street station-house, Piccadilly—that is the station I have belonged to since the 5th of May—I am there every day—I cannot say how many policemen frequent that stationhouse—about 184—it is about three-quarters of a mile from Lord William Russell's house.

Q. Now, 184 policemen frequenting the same station-house with you, do you still mean, on your oath, to tell the Jury that you never heard of a reward being offered? A. I never was told of it—I never heard of the reward—I do not know what the reward is—I never heard of any reward—I never was offered any thing, nor ever heard of any reward—I did not suppose you asked whether any reward was offered to me—I say I know nothing about any reward—I was never employed in searching for the missing spoons or forks—I never read of 50l. reward being offered for them myself—I am a very bad scholar—there was something read out in orders about it, in the general orders.

Q. What was read out about it in general orders? A. There was some reward, but I do not recollect it—I cannot tell what the reward was for—I do not recollect the sum of money that was mentioned—it is a thing I do not take notice of, sums of money—I was present when it was read out—I do not know what sum of money was named—I cannot tell how long it is since it was read out to me—it cannot be so long as two months ago—I cannot tell whether it was one month ago, or a week ago—I cannot tell whether it was four days ago, or two days ago—it might be one day ago for any thing I know—I cannot tell whether it was yesterday—I cannot tell you any thing at all about it.

MR. CHAMBERS. Q. How long after the 6th of May were you first called on to give your evidence? A. I cannot say—something more than a week.

(Adjourned.)

FRIDAY, June19th.

The Queen against Francois Benjamin Courvoisier (continued.)

JOHN TEDMAN. I am an inspector of the C division of police. On the

morning of the 6th of May I was called to the house of the late Lord William Russell, about half-past seven o'clock—I believe I found the coachman or groom at the door, and one or two other persons let me in—they were servants in the neighbourhood, but I have not seen them since—my attention was directed to the door of the area, leading into the passage—there is only one door at the bottom of the house, leading into the back area, I mean the door on the floor even with the kitchen and the butler's pantry, the back door—it was open when I examined it—I saw it was bruised—I saw several bruises when I closed the door after me—they appeared to have been made by a blunt instrument—the door was bruised from the top to the bottom, all the way down in different parts—I also examined the doorpost—that was bruised also in a similar manner—the bruises on the door and door-post did not exactly tally—the door was bruised in one part, and the post in another—I could not tell exactly whether those bruises had been made by force from the inside or outside—the top part, I thought at the time, had been done from the outside, and the bottom part I thought had been done inside, by the bolt at the bottom—that bolt could not be fastened without a good deal of forcing, because it was in a very rusty state, as if it had not been fastened for a considerable time—I exerted myself to see if I could fasten it or not—if it had been fastened the night before, I should think it could not have been in the state I found it—some of the marks of violence were near that bolt—those marks appeared to have been made from the inside, and I had not the slightest doubt about the upper part—when I had done examining the door, I saw the housemaid and cook close by—in consequence of what they said to me, I went as far as the pantry—that is on the same floor as the door, close by—when I went into that pantry I saw the prisoner sitting on a chair behind the pantry-door, between that and the cupboard—Sarah Manser said in his presence, "Oh dear, my lord is murdered! "—I said, "Come along with me, and show me where the body of his lordship is"—I said so to Mantel and to the prisoner—I told both to come—I then went up to his lordship's bed-room with both of them, and the cook followed close after—I believe I went first nearly to the door, and when I asked which room it was, I really cannot say which opened the door—I asked for the door, and one of the three opened it, and we made one entry—on entering the room I found the curtains of the bed partly drawn—two of the shutters were open, of the far and middle windows—the shutter in front, where his lordship laid his face, was nearly closed—that was the shutter of the third window, nearest to the head of the bed—that was nearly closed—I opened that window shutter, and then turned to the bed—I saw the bed was covered over, the bed clothes lying as if the body was covered over, and a napkin over the face—I pulled the napkin off, turned the clothes down, and saw a great quantity of blood in the bed, from his lordship's head down to the middle—the blood was in the bed, and on one pillow, there was some blood, but not much—I took the napkin off his lordship's face—he looked as if he was asleep—his eyes were closed, and the tongue protruded a little way out—just as I was doing this, the prisoner was standing at the foot of the bed, and fell back in a chair, and said, "Oh dear, this is a shocking job, " or "a shocking thing, " (I am not certain which, ) " I shall lose my place and character"—I sent for a surgeon, who came and examined the body—there was a watch-stand standing on a night table, close to the head of

the bed, between that and the window—there was no watch in it—I also saw a Russia leather little box, and a mahogany box, which I have here, and two note cases—(producing them)—here is the watch-stand, the Russia box, the mahogany box, and the note cases—the note cases were lying side by side on the night-table—the Russia case was opened, and the silk note case also as they are now—there was nothing in them—upon finding these things, I asked the prisoner if there was any thing missing, pointing first to the watch-stand—he said, "Yes, " the watch was gone—I asked him if his lordship had any money, much money about him—he took hold of this note case, examined it, and said, "Yes, there was a ₤10 and a ₤5 note in that yesterday in the box"—that is the brown note case with the blue border—I asked him if there was any thing else missing—he said he did not know, he did not think there was—I proceeded to make further search—there was a book on the floor by the side of the bed, with a pair of spectacles in it—it was on the same side, between the bed and the window—it laid open with the spectacles in it—I asked the prisoner, "How did this book come here? "—he said, "I left his lordship reading that when he went to bed last night"—I searched this Russia, box, and found in it a gold ring, a spectacle-case, and two coins, one is copper (I do not know what the other is) and this old note case, which is a third one—that is all I found in that box, except two or three bits of paper—this mahogany rosewood box contained two tooth-picks and two medallions—I then went to the table between the two windows—between the window in front of his lordship's bed, and the middle window—I found a silver candlestick upon it—I have called it a table, but it is a book-shelf, not a table—it had a top to it, and the books were below—the candle was burnt out with a little snuff in the bottom—I have it here—(producing it)—that was standing on the book-shelf, five or six feet from the head of his lordship's bed—a person lying on the bed could See to read by the candle, because it was right in front of the face.

COURT. Q. Could a person who was lying in bed reach that candle? A. No—no person could reach it from out of the bed.

MR. ADOLPHUS. Q. I believe after this, the surgeon came and examined the body? A. Yes—I found no instrument by which the wounds could have been inflicted—there was no such thing near the place, I mean not near the bed—there was in the room—it was not within reach of any body in the bed—on the book-shelf, near the candle, I found this Russia case with four ivory rouleausfor sovereigns in it—I have not examined to see how many sovereigns they would hold—I asked the prisoner if there was any thing missing from there, pointing to the book-shelf altogether, he said, "Really I cannot tell you, but Ellis knows" (Ellis was the late valet, to Lord Russell—he is now with Lord Mansfield) the little Russia box was standing open—the tray was separate from the box—the prisoner told me it belonged to the box—on the next table, between the other two windows, I found a pair of boot-hooks, and a gold pin—I looked at it, and the prisoner picked it up, and said his lordship wore that yesterday—I found a quantity of silver articles on the table where the looking-glass stood—in the corner of the room near the last window—the looking-glass was on the table, a shaving-box, and these silver articles all about the table, as a gentleman's dressing-articles would be—there is a crest on them all, I believe—there was an eye-glass, two razors, and some other things—there was no blood, or the slightest mark on either of those razors to denote that they had committed the act

—there were four other razors—I say the same of them—there were halfa-dozen walking canes in the room, four of which have gold about them—on finding these things I said to the prisoner, "It is a very curious thief to leave all this valuable property behind"—he said, "It certainly is very strange"—I did not ask him any thing after that—I then went to the next table, upon which was a dressing-case, which had been wrenched open—I am now speaking of a little table at the foot of the bed, near the fire-place—this is the dressing case—(producing it)—it was standing in this way, with the back of it towards the bed—the lid was on it, a little way out of its place—it had been wrenched at the hinges, and I consider that was done after it had been unlocked—it was still locked—the lock remained up—I consider that it was unlocked before it was wrenched, and the hinges afterwards wrenched, forced back, without any instrument—it appeared to me that the box being locked had been opened with a key, the top thrown back, and the hinges broken, and then locked again afterwards—a bunch of keys were found in the back drawing-room, one of which fits the box—Mr. Weymouth, I believe, has them.

COURT. Q. You say you suppose the dressing-case had first been unlocked, and then the hinges wrenched back—can you give any reason what you form your judgment on? A. Because I consider if they broke the front part they would not have wanted to break the back—they are inside hinges—there is no mark at the back of their having been praised.

MR. ADOLPHUS. Q. Could it be opened from the back without some mark being left? A. I think it must have left some mark, but I am only giving my opinion of it—after the prisoner and I had examined that box I said, "Is there any thing missing from here? "—there were five gold rings in that dressing-case, and four glass bottles with silver tops—we were counting them—he was looking at it with me—when I asked if there was any thing missing from there, he said, "Yes, five gold rings, which his lordship wore yesterday"—they were missing—here are four mourning and one gold chased ring—when he spoke of the five rings his lordship wore yesterday, he meant five other rings—he had looked into the dressing case when he gave me that answer—I asked him if there was any thing else missing from there—he said, "I can't tell you, but Ellis can"—from there I went to a cupboard, in the left-hand corner as you enter the room—I there found four silver-mounted tobacco-pipes and an opera-glass—I then examined the wardrobe—I asked the prisoner if there was any thing missing from there—he said, "I don't think there is"—the locks of those places were perfect and uninjured, and the hinges not touched—I found a rushlight-stand with a rushlight in it—about a third of it was burnt—the prisoner told me, when I looked at it, that his lordship always had a rushlight burning at night—I asked him what time his lordship went to bed last night—he said, "About half-past twelve, or a quarter to one o'clock"—there was a key in the bed-room door, inside—I asked the prisoner if his lordship locked the door of a night—he said, "No, he never did"—I do not believe I made any observation on the door—the door opens and shuts very gently—I do not think a person lying in bed could hear it if they were awake, when the carpet is down, it is impossible—I went from there to the front drawing-room—there was nothing there worth noticing—I then went to the back drawing-room, which is a room in which there are books—I found the Davenport writing-desk turned round a little, moved a little out of its place, and some papers lying on the ground—the papers inside were in confusion, and appeared dis

turbed—I saw a screw-driver on the chair which his lordship used to sit in to write—I believe Mr. Pearse has it—there was a bunch of keys lying by the side of the Davenport writing-desk—I asked the prisoner if the screwdriver belonged to the house—he said, "I believe it does"—I asked him, "Did his lordship use it yesterday"—he said, "I am sure I can't tell you, " I then went into the front parlour, or dining-room—I found some drawers in the side-board pulled out, and plate and plated articles lying about on the floor—I said to the prisoner, " Is there any thing missing from here? "—he said, "Some spoons and forks, but I cannot tell you how many at present; " I do not think there were any left—I found a cloak, an opera-glass, and a great many things in the passage—I asked the prisoner if they were his lordship's property—he said, "Yes"—I said, "No thief would ever leave this property behind"—he said, "It is certainly very odd"—I asked him if he had locked the street-door at night when he went to bed—he said, "Yes"—he showed me how—he put up the chain, and locked it, and put the two bolts to—he showed me just as he had left it the night previous—the upper and bottom bolts bolted—I asked how he found it that morning, and after he had unchained, unlocked, and unbolted it, and put the spring of the lock back on the hook, he said, "As you see it now"—the area door of the front kitchen was undamaged, nothing arises from that—there is a door at the end of the street-door passage which goes into the yard—half of that door is glass—that door was not disturbed or moved in any way—the chain was on it, and it was bolted—it had never been disturbed at all—there is an inside shutter to that✗ door, but it was down—it could be taken down without undoing the fastening of the door—it is an inside shutter, it slips down—it shuts up the glass part—when I saw it, the shutter was not placed against the glass—it was the same as it is kept in the day-time—the glass was unbroken—there was not a mark on that door—the area gate was entire—nothing had happened to that, it was locked—that is the area that leads into the street—there is no gate to the back area—I afterwards went into the pantry and saw a press there, in which were some drawers—those drawers were open—the top one was forced, as if it had been done by a chisel or screw-driver—the lock was sprung, as if it was left locked, and forced open in that state—the articles in the drawers were disturbed—there is a window in the pantry—I asked the prisoner whether the window had been fastened that night, whether the window-shutters had been put to, and whether it was fastened—he said, "I do not think it was, I can't say exactly, I am not certain"—I then went to the back door on the basement story, that was found bruised, as I have stated, very much—the prisoner assisted me to examine that door, and pointed out some marks which I had not seen before.

Q. Did you say any thing to him on the examination of that door? A. Yes, I said, "Some of you in the house have done this deed"—he said, "If they have I hope they will be found out"—I said, "There is not much fear but what they will"—I looked about to see how any body could have broken into the house—I examined this wall (pointing out on the model the wall between Nos. 14 and15) but could not see any mark of any one having come down that way—there were some slates near the top of the steps, which I should think must have been disturbed by anybody descending that wall, but I could not say exactly—I saw Baldwin going up the steps to examine it—I should think no one could have got

down that wall without disturbing the slates—there was a quantity of dust on the slates, and that was not disturbed at all—I went up on the leads, but Baldwin and Rose were up there before me—there was a great deal of dust on it.

Q. Could any person or thing have trampled on that dust without making marks? A. I think it impossible—I think a man passing there must have left marks of his feet behind—the weather just before had been dry and windy—if a person got over the opposite wall, that is Sir Howard Elphinston's house—I should think they could not have got into Lord Russell's house that way—I examined that carefully and could see no mark—the other constables had not been there—there is a water-closet—they could not have got to the house without getting on that water-closet, and I should think they could not have got on the water-closet without disturbing it—it was not disturbed at all—there is a deep area on the other side of that wall, much deeper I believe than on this side—I examined it, I did not measure it.

Q. Did you go with the prisoner into his own bed-room? A. Yes, he showed it me—he took me up stairs—I there found a purse containing a 5l. Bank of England note, and six sovereigns—I gave them up—I asked the prisoner how he got that note—he said, he gave his lordship change for it a day or two ago, and the rest of the money was his own, he had had it some time—he showed me his box which contained his linen—I examined every thing in it as I went along, but saw nothing to tend to explain this case at all—he had the key of the box himself—it was left in the room—I left it with him—he left the box open every day.

Q. What had he on at the time? A. In the morning a sort of round morning jacket, and a clean shirt, apparently a very clean one—the prisoner was from that time, though not in custody, yet under the watch of the police, and the female servants also—care was taken to prevent their having any conference with one another—the prisoner was not debarred or hindered from going to his own room if he pleased—he was taken into custody on Friday, the 8th of May, in the afternoon part—he was not taken out of the house till Sunday night, but there was a constable with him constantly in the room, from Friday till Sunday—he was not exactly in my custody, but there was a constable with him—he was taken to the stationhouse on Sunday night, the 10th, and before the Justices, at Bowstreet, on the Monday—there were several examinations, and he was finally committed—on the evening of the 13th, while he was in custody, application was made for some linen for him—his uncle came to the door, and said his nephew wanted a clean shirt and stockings—I did not see the prisoner afterwards, so as to let him know what his uncle had said or done.

COURT. Q. What did his uncle ask for? A. He came to the house and said his nephew wanted some clean linen—I had had directions to send him whatever he required—I did not go up with the uncle to the place where the linen was.

MR. ADOLPHUS. Q. Did you go up to the box? A. Next morning I went up with sergeant Lovett—I did not send the linen that evening, as I was going to Bow-street myself next morning—I went up with Lovett next morning, took a shirt out, unfolded it, held it up by the collar, and these gloves dropped out of it—(producing a pair slightly stained with blood)—I first unfolded the shirt on the bed, and shook it,

and these gloves dropped down into the trunk—they are such gloves as servants wear when in attendance on their masters, white cotton gloves—I had not seen those gloves when I examined the trunk before.

Q. Had you examined with sufficient accuracy to tell whether they were there? A. I pulled the things out, and laid them on the bed, but I certainly did not examine so accurately as I did then—I had unfolded them, but not shaken them—the gloves dropped down when I shook it—I did not perceive them when I unfolded it—I unfolded the shirt, and did not find them before, and I unfolded it then and did not find them.

COURT. Q. Describe how you unfolded the shirt this time? A. I undid it—I unfolded it, as if it was lying on a table or a bed, and then held it up and shook it—I did not find the gloves when I unfolded it, but when I shook it I did—when I first searched we unfolded the shirts on tbe bed—I and Beresford merely unfolded them.

MR. ADOLPHUS. Q. Did you make any further observation at that time on the linen? A. No.

Cross-examined, by MR. PHILLIPS. Q. Have you one of the shirts here? A. Yes—I do not think I have a clean one—the prisoner had all the clean ones.

~COURT. Q. Did you examine the prisoner's hands, to see if there were any scratches on them? A. I did—I noticed them that day, and also on that day when I took the gloves—I first examined his hands on the first day, on the 6th, when I examined his room—I did not see the slightest scratch or mark.

MR. PHILLIPS. Q. Did you consider it your duty to examine the trunks of the different persons in the house when you were first apprised of this melancholy transaction? A. They all wished me to do it, both the prisoner and the other servants—I did do it—I examined the prisoner's trunk, to see if there was any weapon or any article with marks of blood on it—I satisfied myself on that subject—I searched as carefully as I possibly could.

Q. Mind the form in which I put this question; when you talk of the morning of the 6th, is this true, that you "found two shirts, which you looked at, and found them free from spots? " A. Yes—there were several shirts—on the 14th I unfolded the shirt which I was about to give for the prisoner's use—I unfolded it in the same way as I did in the first instance as nearly as possible, I think—on the 6th I took out every article in the trunk—I and the prisoner both replaced them—I assisted him—whatever was done by him was done in my presence—the prisoner had access to this room, and several of our men and the women also—there was no speck of blood on any thing that I saw in the trunk on the 6th—there was no mark on the area-door with the glass to it, on the 6th—I examined it for the purpose of seeing whether there were any marks.

Q. Now, I ask you, not who may have done it, but are there not a number of marks now on that very door which had none on the 6th? A. There are, and also on the post of that door—they appear to have been made with some kind of instrument—the prisoner was under the inspection of the police from the very time of our entering the house—my orders were to keep them separate—that is what I mean—sergeant Pullen was appointed over the prisoner—he is with me at the house now, and Cronin, a constable, who is here—I did not find any weapon in the prisoner's trunk on the 6th.

MR. ADOLPHUS. Q. You have been asked about unfolding the linen; did you, either✗ on the 6th, 13th, or 14th, when you went for the shirt, do more than lay it down and unfold it, as you would linen you wanted for yourself? A. I have said I shook it—I unfolded it and shook it—on the 6th I only unfolded it.

Q. In that unfolding might a pair of gloves be in the shirt and you not see them? A. I cannot say—there might be—when I held it up by the collar, and shook it, every thing that was in it would come out.

Q, Was the extent of your inspection of the prisoner such as to prevent any body from visiting and speaking to him, or only to prevent the women? A. Only to prevent the women—nobody could have any conversation with the prisoner but ourselves—it was to prevent any body having conversation with him—that was the inspection under which both he and the females were placed—I was not present when the marks were made on the glass door—I did not see who made them—I know nothing, of my own knowledge, of any being made—I had charge of the premises, that is all.

COURT. Q. Did you order any to be made? A. No—I only had charge of the premises.

MR. ADOLPHUS. Q, There were none on the 6th, but there were afterwards? A. Yes—they are there now.

WILLIAM ROSE (police-constable D124.) I went to Lord Russell's house on the morning of the 6th—I went into the back yard with Baldwin—we examined the wall between Nos. 14 and 15—(looking at the model)—this little edging represents some slates which are let into the wall—they project about as much as this in proportion—that edging of slate was not in the least disturbed or interfered with—the wall itself is whitewashed—I did not observe the least marks upon that wall, not before I made any myself—I saw the lead flat, which covers a stair-case on the other side of the wall—I went up for the purpose of examining it—I went first—Baldwin was with me as far as the lead—there was a deal of dust on that lead flat—there was no mark on the dust, as if any person or thing had crossed it—I tried whether a foot or band placed on it would leave any impression—there was sufficient dust on the lead to write your name in it—I also examined this small building on the opposite corner—it is covered with a tiling—this black line represents a board in front of the tiling, to throw the water off—what is called weather board—neither the tiling or board was at all interfered with—that piece of weather board is quite strong enough to bear the weight of a man—I examined the premises on the other side—it is a mews, I believe—there is a bottle rack in the back yard of the next house—I went over the leads of Lord Russell's house on to the leads of No. 15—I did not go into the premises on the other side.

Cross-examined by MR. CHAMBERS. Q. Was it a windy night that night? A. I was not on duty at all that night—I was in the morning—it was very cold then.

HENRY BERESFORD. I am an Inspector of police. I received information at the station-house about ten minutes past six o'clock in the morning of the 6th of May, and went to Lord Russell's house—after looking at the body I went down stairs to the bottom of the house, to a door which leads to the area at the back—I examined that back area door and saw several marks upon it, and also on the door-post—my impression was at

first, that the marks had been made with the door open entirely—I looked at the marks on the door-post—I could scarcely tell with what instrument they had been made—my impression was then that they had been made from the inside, and with the door open—upon further inspection and examination that opinion was altered—I think the marks were made by inserting some instrument between the door and the door-post—the door and door-post do not close exactly, and some instrument had been inserted—I think the marks were made by a person standing outside the door—they might have been made when the door was bolted and fastened, but I think the door was merely on the latch—I think the instrument could not be inserted sufficiently if the door was bolted—that is merely my opinion—the marks did not appear to have been made with n chisel, but I should say with a hammer—I tried that experiment with a hammer upon the halfglass door up stairs leading into the yard, and Pearse also tried—when I first went to the house there were no marks on that door, but Pearse afterwards took me to show me the experiment he had made—the marks on the door and door-post of the back area door were not on the same level—the marks on the door were something lower—(part of the door and door-post were here brought into court)—when I got there the socket of the top bolt was lying on the ground—I examined it, and could see some instrument had been put into the socket—it was a dark instrument, at it had left a black mark—it was such a mark as might be left by a poker—that mark could not have been made when the bolt was shot or fastened—the socket was inside the door—I looked at the lower bolt—the socket of that bolt was not injured—it appeared as if it was slightly sprung, but on more particular examination I do not think it was—it was merely from rust and decay—it is much decayed—the bolt would not act in it—I attempted to bolt it, and it was with the greatest effort I could mote the bolt at all—this is the first rail of the door and the door-post—this is the outside of the door next the yard—these are the marks I allude to—one is below the other—if an instrument had been put in, which it must be to get a purchase, it would be quite impossible to do that without injuring this edge of the door, as the point of the instrument must necessarily fall on the edge of the door, and there is no injury whatever on the edge of the door—there is a mark made, but that is not the means by which the door could be prised open from without—there are a great many marks in the place whore the bolt never met the socket—the door shuts in a rabbet—here is no mark on the edge even opposite all this violence—(the witness pointed out to the Jury the various marts on the door and door-post, to which his evidence refers)—there are marks of violence on the door-post by the lower bolt—I believe these marks to have been made with a screw-driver or chisel—I am speaking of the marks outside on the door-post opposite the doorbolt—there are no marks on the door opposite to this to correspond with them, scarcely any violence at all—there is one impression, but nothing to correspond with the violence on the door-post—to make the violence on the door-post the instrument must catch here—the next mark is what I have described, as I suppose being done with a hammer—that mark is about six inches below the handle of the latch outside, and is both on the door and on the door-post, one slightly below the other, that on the door being the lowest—I should say both those marks were done from the outside—I am quite certain they were made at the same time, and when the door was closed, from the experiment I

tried on the other door—they were certainly not made with sufficient violence to prise open the door—I am quite satisfied of that—not if the top bolt was bolted—if the latch only were latched, it would be sufficient to resist the violence made, even if unbolted—between that and the top there are five marks of exactly a similar nature, with more or less violence—why I feel certain the latch would resist it, is because I tried the upper door with only the latch, and I could make quite as much violence on that door with the latch only resisting, without any bolt—nearly opposite the top bolt outside there are two marks which I have described—I should say all the marks, except those at the bottom bolt, were made with the same instrument—I have no doubt of it—there is certainly not sufficient violence to the top bolt to have forced the socket off from the outside, if it was bolted—supposing the door to have been prised open from the outside, the bolt could not have forced the socket off in the way in which it appears to have been forced off—there are marks inside the socket which it is impossible the bolt could have made—it could not have been forced from the outside without making considerable violence on the door—the mark is partly destroyed, because the plastered wall comes up to the door, and in taking the door away the impression was partly destroyed—it could not be avoided, but still here is the mark of the impression—when I first saw it the dust had come down upon it, and it was evident that the socket had been taken off from the inside, with the door open, because I shot the bolt and found it would not make the marks here made, because it would not touch them—it would not reach this mark within half an inch—I felt quite certain it could not have been made by the bolt itself—the mark of the instrument appeared to have been recently made, because on the end of the instrument reaching the mortar, it had made an indent there, and the dust was there—it had been made within twenty-four hours, I should say—I believe there are no other marks inside the door-post—here is the socket—I found the door would not shut within a certain distance, and this piece of wood was put on to show the exact distance the door would be open in its natural state—it was nailed on to prevent it going further than it would before—it is in the state it was before—the bolt will not reach this black mark here, nor will it touch any of the marks that appear here.

JURY. Q. The wood of the door-post is not at all rotten, is it? A. Not that I can perceive—the nails are all bright now, but they were rusty.

MR. CHAMBERS. Q. Were you in Lord William's bed room when you went to the house with the prisoner? A. Yes—I went up with the prisoner and Tedman almost immediately—I wished to see the body—I almost immediately asked the prisoner all the articles that were missing, that I might circulate them through the police generally—I asked him to describe them as nearly as he could—among other things he described a gold watch, but not at that time—he kept saying, "You had better send for Ellis, Ellis knows better than I do"—he mentioned several articles only slightly, and said Ellis would know much better than him—I went down and examined the door, and afterwards went up and had all the articles described as well as he could tell me—I went down and examined the door, and afterwards returned up stairs with him again—it was then he gave me a description of the articles, after my return to the bed-room—he mentioned a gold watch, and showed me where it always stood, in a case alongside his lordship's bed—he said it was a gold watch with three seals

attached by a black ribbon—he told me the watch was made by a foreign or French maker, but he could not tell me the name, but it had "Lord William Russell" engraved on the case—that is all the description he gave me about the watch—he said one of the seals had Lord William Russell's coat of arms on it—he said he knew it was something about a goat, but all at once he said he would go and get me the impression of his seal—he went and got a wax impression—in the course of the day I went up into the prisoner's bed-room with Tedman and the prisoner—I believe Mr. Mayne was there too—that was the first time his box was searched—it was about the middle of the day on Wednesday—in a black trunk or box between two waistcoats, about the centre of the box, I found a chisel—this is it—(produced)—when I first went into Lord William Russell's bed-room, I had seen a rushlight shade, with a rushlight partly burned—I afterwards received a rushlight from one of the servants, I believe Sarah Manser—I lighted it and tried the experiment how long it would take to burn down as far as the one I found in the room—it took about half-an-hour as near as possible.

Cross-examined by MR. PHILIPS. Q. Did you find the door of the prisoner's chamber open? A. When I went up to search his box, I really will not undertake to say whether it was or not—it was not locked, certainly, at all events, I should say—I really do not recollect whether it was open—I do not know that there is no lock to the door—I never took that notice—I really do not recollect whether there is a lock to the door or not—I was not in the house when you and Mr. Clarkson went up to that room—I do mean to say that I do not recollect whether there is a lock; I believe there is, but there may not be—if I have any belief, it is in favour that there is a lock, but there may not be—the trunk was not open—while we were searching the bed I ordered the prisoner himself to get the trunk open for my search—I suppose he opened it, but we were taking the clothes off the bed very carefully one by one, and I really cannot tell I did not notice whether the trunk was locked or not—the same search was made of the two female servants as of him—I cannot tell whether the trunk was locked or not—I should say I took about half of the things out before I came to the chisel—I certainly took the things that were at the top of the trunk, off.

Q. Did you go to examine it, or had you any specific object? A. On finding the marks on the door, my impression was that they were not made by a house-breaker, and that no house-breaker had got in, and my wish was to examine all the trunks to find if there was any thing suspicious—I went to the trunk for the purpose of examining its contents—I took them out—I did not undo every article—I do not think I took all the articles quite out, for when I got just to the bottom I believe I turned them from one end of the box to the other—I examined sufficiently to convince myself that there was nothing suspicious to be found.

MR. CHAMBERS. Q. Was there more than one trunk or box examined there? A. There was—I examined a black trunk, or I should better have described it as a portmanteau—the prisoner saw me take the chisel out—he did not make any observation.

Q. Did you open any of the articles? A. I think I recollect two shirts—I opened them merely to look at the wristbands—I did not shake them nor turn them out.

NICHOLAS PEARSE. I am an inspector of the A division of police. I first went to the house of Lord William Russell on Wednesday, the 6th

of May—after being up stairs I went to the lower part of the premises—I examined carefully the marks on the door and door-post of the door leading out into the back area—it was not my opinion that it was done for the purpose of breaking in—I arrived at that conclusion after my examination—the socket which receives the bottom bolt was on—the upper one was forced off—that appeared to me to have been done by some instrument put into the socket when the door was open, and the instrument wrenched both ways to prise it off—I think that was the case, by the marks on the wood of the door-post—it was on Thursday I more particularly examined it.

Q. Explain what marks satisfied you that it was forced off by an instrument put into it? A. The top nail was in the socket, and the other nail was at the bottom of the door outside, and the nail bent—when the door is bolted, the bolt does not come to the wood by half an inch—then is a mark on the wood, and the wood is driven back by some instrument, and it appears very recently done—I found marks at such a distance that the bolt, when shot into the socket, could not reach them—I have no doubt those marks were made at the time the socket was forced off—I found this poker (produced) in the fire-place in the pantry—it is bent—it was in the same state when I found it as it now appears—such an instrument would make similar marks to those of which I have been speaking, on the wood—I found a screw-driver on a shelf in the same pantry—I applied that to some marks on the door, and it corresponded with them—I found this hammer (produced) in a cupboard in the pantry—I fitted this to some marks on the door and door-post, and it corresponded with them, by placing the claws of the hammer between the door and door-post when shut, on the outside—supposing the door to have been bolted inside, the pressure caused by the claws of the hammer would not have been sufficient to force it open—it would not be possible with such an instrument to force that door inwardly, supposing it to be bolted inside—the marks by the upper bolt and socket could not possibly have been made by a person on the outside, supposing the door to have been fastened—I found the bottom socket started from its place, but not off—the bolt was rusted in the socket—I should say it had certainly not been used lately—there were marks of violence by that lower bolt—that violence would not be necessary, supposing the bolt had not been shot—I found some marks near the bolt, which, in my judgment, could not have been made if the lower bolt had been shot—(pointing them out)—here is a mark on the rabbet, as if an instrument had been put in from the outside between the door and door-post—if the bolt had been shot, that could not have been done—there is a mark on the outside which corresponds with the mark I have alluded to—that mark apparently done by an instrument such as this screw-driver—a person outside could not have made the mark inside in the rabbet—he could have made the mark on the outside.

Q. From all your observation and examination of the door and post, in your judgment did any person break that from the outside or not, to enter the house? A. Not to enter—some of the marks were made outside when the door was to, and some of them when the door was open—a breaking into the house could not have taken place by means of that door, not by the marks made—I made some experiments on the half-glass door, on the ground-floor—some were made only last Saturday, and some before—till those experiments were made, that door was uninjured, and unmarked in

all respects—I made the first mark on it myself with the hammer—I made those experiments to see if such an instrument made such a mark as we discovered on this door, and it appeared to do so—there is a latch on the half-glass door—an experiment was made on that door while it was on the latch—it was made with a hammer, by placing the claw of the hammer between the door and post, and pressing the handle down—the latch resisted the pressure—it made a similar mark to those on the door below, equally deep—I found this pair of tongs, which I applied to this part of the door of the safe in the pantry, which had been forced open—(producing it)—the mark on this appears to have been made with the tongs—it is a black round mark—I also found a chisel in that room—I compared the screwdriver with some marks on the safe, and there were two marks which appeared to have been made with that.

JURY. Q. Was the bolt shot when you tried this to the door? A. Yes—it was placed back with very little difficulty.

COURT. Q. That is the bolt of the lock of the pantry safe? A. Yes.

MR. BODKIN. Q. On the Thursday did you make any inquiry of the prisoner about any missing property? A. Yes—I asked him if he knew what money or property had been taken—he said he had seen a 10l. and a 5l. note in a purse a few days ago—I asked him where the plate was kept that was found in the passage—he pointed out a cupboard in the sideboard in the dining-room—1 do not think he mentioned any other things as having been missed—I searched the prisoner's box on Friday—Shaw, a constable, was present, nobody else—I was not there at any time with Tedman when any search was made in his room—there was a portmanteau, a deal box, and five drawers in the room—I turned the things out—I did not find any thing that attracted my attention—I saw the shirts—I cannot say that I opened them—to the best of my recollection I saw two clean shirts—they were in the portmanteau, to the best of my belief—on the same day, Friday, I made a search in the prisoner's pantry—at that time work-people had been brought into the house to open the drains, and make search of that kind—they had taken up the drains—I commenced my search by the side of the fire-place, between the fire-place and the sink—the sink is near the fire-place, under the window—(referring to the plan)—this is the sink in a recess under the window, just at the corner of the fire-place—I took off a piece of skirting-board which runs from the fire-place to the corner, meeting this piece which forms the angle on to the sink—(producing the two pieces of skirting)—I took this piece down first—this is the piece that faced me—when I pulled that down I saw the purse which I now produce—it was about two inches in behind this piece of skirting which remained—I perceived that the mortar had been disturbed before I took this piece of skirting away—I found in the purse five gold coins—one was in paper—five gold rings, one a wedding-ring, and a small bit of sealing-wax—(The coins were here produced)—I then took away this piece of skirting-board which ran under the sink, and found this silver Waterloo medal, and a little further on this ₤10 Bank of England note folded up—it had nothing round it—the place from which I took it was quite dry—it was very near the fire-place—the prisoner was in the dining-room at the time I found these things—I went up there directly after finding them—he was, to the best of my knowledge, sitting down when I went into the room, but I saw him standing up—I think constable Collier was with him—there was a constable in the room—I

took the things I had found up with me, took them out of the purse, and laid them openly before him, and laid the note on the table before him—I said, "I have found these things concealed in your pantry, behind the skirting-board"—he said, "I know nothing about them, I am innocent, my conscience is clear, I never saw the medal before"—I took him down into the pantry, and pointed out to him the places from whence I had taken the things—he again said, "I am innocent—I know nothing about them"—he remained in the pantry for some time, and I proceeded in my search while he was there—a water-pipe goes round his pantry, and continues into a scullery adjoining it, into which there is a door from the pantry—one of the workmen was removing the pipe which goes round into the pantry, between the pantry and the door leading into the vault—Collier was on my side, and I heard some one say, "There is a ring"—I saw the workman put up his hand behind the pipe, nearly to the bottom part of it, and take the ring from the pipe, and I took it from him—it was one of the men employed there—this is the ring—(producing it)—it is a split-ring—I continued the search—a pen-mender was found in a drawer in the pantry—the things I have mentioned were all I found secreted below on the first search—after searching below I went up to the prisoner's bed-room, and there searched his person—I found about 5s. in silver, a small locket, and a small bunch of keys on him—I did not apply any of those keys to any of the drawers or doors in the house—there was a variety of keys of different sorts—the name of Lord William Russell is on one of the rings of the keys—he said the locket was his own—I have no reason to believe to the contrary—I then again went below into the pantry, but found nothing more—other officers were pursuing the search, assisted by workmen—I saw the hearth-stone taken up the same afternoon or evening, after the split-ring had been discovered—I think the prisoner was not there at the time—I did not myself see any thing found there—the hearthstone was very firmly fixed in the ground—I should say it had not been recently removed—I did not perceive any chink or opening between the✗ flooring boards and the hearth-stone—I received this tea-spoon and saltspoon from Sarah Manser—(producing them.)

Cross-examined by MR. CLARKSON. Q. I think I understood you to say that you made some experiment with the door leading into the backyard? A. Yes—that is the door which is partly glazed—I also made the experiment on the door-post—it was done at the same time—I am the person that did it—I did both at the same time—I did some on Saturday last, and there were marks some time before—I cannot tell the date—it might have been a week.

Q. Are there any marks either on the door or posts of the door that were not made by yourself? A. Yes—I think there is one—that was made in my presence by a man named Craker, a carpenter.

Q. Now, for the purpose of pointing out to the jury the result of your judgment of the violence you found on the door before you, you have cut away part of the door, and brought here? A. I had formed my opinion—it was not from the result of my experiment alone that I came to my conclusion with reference to this door.

Q. Did that assist your judgment? A. It confirmed it—the comparison of the marks I made on the other door and post confirmed my judgment that a similar instrument would make such a mark—I did not

think it requisite to bring the other door and post here—I thought what was brought quite sufficient for the jury to form their judgment—I made the experiment to show Craker that a hammer would make such a mark—that was partly the reason why I made the experiment—I certainly applied the instrument in the presence of Craker, just to see that a hammer would make such a mark—it was not with the hammer that is produced to-day that I made the experiment, but a similar one—not the hammer to which I attribute these marks, but a similar one.

Q. Why not use the same? A. Being fearful it might get out of its place, so that I could not produce it in the state in which I found it, I was fearful I should alter the state of it—I have not the hammer here with which I made the experiment—the glass-door is not here, and I have not brought the hammer—it did not occur to me that I should be asked whether the hammer was the same or not—if it had, I should have brought it.

Q. Were there any experiments besides the one which you have spoken of, made by any body but yourself? A. I do not know—Inspector Beresford was there—I did not see any—I saw Craker apply a pair of tongs to the glazed door—I have seen it put to, to compare the marks with the tongs—I never saw the tongs in the Commissioner's hands—I saw a man named Christie, who, I believe, is a builder or carpenter—I do not know that I ever put it into the hands of any person, but several might have seen me do it—no one did it that I recollect but myself—I do not know that any one made the experiment with the tongs besides those I have named—Beresford might have done it—I do not recollect seeing the tongs in his hands—Collier did not have the tongs in his hands in my presence, not to my knowledge—no, Collier had not the tongs—I think I can safely say so—he did not have the tongs in his hands making the experiment in my presence—he stood by and saw me compare them—I have no recollection at all of ever having seen the tongs in his hands—there was no other instrument used to try any experiment on that door but the tongs and the hammer—I remember some gaping experiments on the door-post at the edge, two or three pieces out at the corner—I believe they were made with the hammer—I must have made them, because I was the only person that applied the hammer—if I saw the door I could tell—I made as many as eight or ten, and I have no doubt I made the marks you allude to, because I applied the hammer—I have every reason to believe I made those marks—I know I made marks, but whether those are the marks you have seen I do not know—there is a mark on the door, and one on the post—I will not swear I made all the marks on the door and door-post—I will swear I made half of them, and more than that—there is one mark of the tongs which Craker made—there are about twenty marks I should say on the door and door-post—no marks were made with this screw-driver in my presence or to my knowledge—I never saw any marks on the glass-door that had the appearance of having been made with this screw-driver—I think I last noticed that glass-door on Monday—I did not receive any orders from my superiors to make the experiments—I did not ask permission of any body to make those experiments before I made them—they were all made after the last examination before the justice—they were not made at the suggestion of any body, but at my own—I have not brought that door and post with me.

Q. Did you bring the door and post which are here to-day by order of your superiors? A. Not by the Commissioners, I proposed it—I had them taken away—the parts of the door cut down—that was done by my orders

—I had no instructions from any body to do so—I think Mr. Hobler told me to bring them here—I had told Mr. Hobler that I had applied the hammer to the glass door—I received no directions to bring that door here.

Q. Are there marks of violence on any of the wood-work you have produced which you assume to have been made by a chisel like this? A. There is a mark on a drawer which I saw the first day which such an instrument would make—I cannot positively say whether there are any marks on any of the wood produced which have been made by such an instrument as this—there are none here which I can speak to—I think if violence to any extent had been used on mahogany or any other hard wood with an instrument like this, it would show that violence had been used to it.

Q. Then this chisel, in your judgment, is not in such a state as you would expect if it had been used for any violence? It depends entirely on what force is used—I searched the prisoner's boxes on Friday, the 8th—Constable Shaw was with me—he went up with me—I believe I asked him to go up for the purpose of making the search—I consider that I made the search with every degree of minuteness—there was a black leather portmanteau and a box besides—those were the two articles in which the prisoner's things were—the trunk was not locked—it was shut down—I do not think it was strapped—there is a strap to it—one of the buckles might have been fastened—I do not recollect whether it was strapped or not, but I think not.

Q. What induced you to go up on the 8th to examine the portmanteau and box, they having been examined by Tedman on the 6th? A. I went to examine the dirty linen, and the coat, waistcoat, and trowsers' pockets, and to examine the clothes; for no other reason—when I make a search, and see any thing that may strike my attention (I may say a general search) I might go again, and be more minute than I was the first time—I generally make a search with every degree of minuteness—I went to make a minute search—I knew that Tedman had already made a search on the 6th—it was impossible for me to tell whether he made a minute search—I was not there—I had never heard he had made a minute search—nobody suggested to me to make a second search, I swear that—it came into my own head—it was on the 8th, the day I found the property—it was after I had found the property, I mean the concealed property—I saw some clean linen there—I looked at it, and examined it—I might have opened some, but I do not recollect that I opened every article I found—I do not think I did, I do not believe I did—I will not swear it, but it is my opinion that I did not—to the best of my belief, there might have been articles that I did not open—there was such a variety I could not examine every article that came into my hand.

Q. Did you not turn out from the box and portmanteau every individual article that was in them? A. I took them out with my hand—to the best of my belief I did not unfold the shirts—I do not think I have any recollection of opening the clean shirts—I think there were two clean shirts—I think there was only two—I am not certain that I unfolded them—I have no certain knowledge that I did do it, and to the best of my belief I did not unfold them—I took them out—I took out every thing, and put them on the bed, and left them on the bed—I did not put them back again—I saw the prisoner put them back—I had left the room, came there again, and saw the prisoner placing his things away—I put the shirts on the bed with other things.

Q. Now, will you have the kindness to repeat what you say passed between you and the prisoner when you say his answer to you was, "I am innocent, I know nothing about them—my conscience is clear? " A. They are about the exact words.

Q. I want to know what was the act done, or the words said by you, which preceded that observation of his? A. I said, "I found this property concealed in your pantry."

Q. What was the object of your making that observation to him? A. I thought it my duty to acquaint him, because I suspected that he had put them there—I thought as an officer I was in duty bound to do it.

Q. It was not to get a confession from him? A. I never tried it—it was not for that purpose—it was for no other reason than I thought it my duty, in that stage, to make the prisoner acquainted with what was found, and where—I naturally expected he would make some reply—it was impossible for me to tell what reply I expected.

Q. Do you really mean to tell the Jury, and to pledge your sacred oath to that answer, that in making that display of the things, and telling him that, that you had no object to obtain from him a confession? A. I expected he would make a reply—I suspected what he might say might be evidence—it might be for him and it might be against him—what I expected it is impossible for me to know—am I bound to answer the question, what I expected?

COURT. Q. You can state what passed in your own mind? A. I naturally expected he would make some remark, and I considered it my duty to make him acquainted with it.

MR. CLARKSON. Q. On your oath, did you hope or expect, when you produced the things, and made that statement, that you would obtain from him a confession, or any thing to that effect? A. I was anxious, decidedly, to do all I could in the case; but as to being anxious that he should make a confession to me, I was not particularly anxious. I felt an anxiety to arrive further into the state of the business—I am sot aware that the question was an improper one.

Q. Did you do that entirely of your own suggestion? A. I suggested it first—Mr. Mayne, the Commissioner, was in the room—he it a Magistrate, I believe—I first suggested the producing of the things—I thought it my duty at once to make the prisoner acquainted with what had been found in the pantry—Mr. Mayne coincided with me—Mr. Mayne said, "Take the property up stairs, and let him see it, " to the best of my recollection—Mr. Hobler was present, as well as me and Mr. Mayne.

Q. Now attend to this—did you not state this to the prisoner—be careful how you answer—"I have found these things concealed in your pantry; con you know look me in the face? "—did you make that observation? A. Yes, I made that observation with others—those were the words.

Q. On your solemn oath, why did you suppress those words when my friend (Mr. Bodkin) asked you the question, having, as you say, no hope or expectation of obtaining a confession from the prisoner? A. Why I should not mention to the Counsel that I found them concealed?

Q. No—you say you went to the prisoner, and in the discharge of your duty presented the things to him, and said, "I have found this property concealed in your pantry"—why suppress the remaining part of the sentence, "Can you now look me in the face? " A. I had no motive or reason for suppressing it.

Q. Will you now swear you did not expect to obtain a confession from him, when you said, "Can you now look me in the face? " A. It was impossible for me to say what he would say—I did not expect a confession—I have told you over and over my motive—I considered it my duty to do it—I thought it was no other than a proper question to put to him—I used no intimidation—I cannot say whether that might intimidate him or not—it was very likely to do so if he was a guilty man—I do not think the question I put was an intimidation—it might be taken in that light by the Court, but I did not think so—if I had thought so I should not have put the question—There is a reward in this case—I believe it it 400l.—there is also 50l. offered for the recovery of some plate stolen from his lordship's house—I do not belong to the same station as Baldwin.

Q. Do you expect to get any of the reward, if the prisoner Is convicted? A. Very likely I may—I do expect it, in the course of my duty—if I should say no, I should say false—I have had nothing at all yet, not a farthing from any body.

Q. How long after the reward was offered did you make the discovery in the skirting board? A. The property was found before I was aware there was a reward offered—I found the property on the Friday, and on that evening late, I think twelve o'clock, I called at the station-house, and found there was a reward offered—that was after all the property was found by me—I have not the least notion what share I shall get if there is a conviction—I am not aware that I shall get any if there is not a conviction—the reward is upon conviction—if the prisoner is not convicted there will be no reward—I never thought of a reward at the time I said to the prisoner, "Can you now look me in the face? "—if there had been any bloodstained articles in the prisoner's box, when I examined it on the 8th, I think I should have seen them—I believe I should have seen them, if they had been in the box or the portmanteau—I searched the prisoner's person, and found a locket on him—that locket was never claimed as being his lordship's, not by me—I have no reason to believe it is my lord's locket—I have reason to believe it belongs to the prisoner—I took it from him, because I thought it my duty to take what property he had from him, particularly such an article as that—I did not know at that time that his lordship had lost a locket—I did not see Ellis on the subject of this locket—I never heard Ellis say he thought it was my lord's—he said it Was not—I think I did hear Ellis say he thought it was my lord's, whilst in the room, but not at the time I took it from the prisoner—I think I saw Ellis before I found the locket on the prisoner—I saw him in his lordship's house—I was not aware, till after the locket was found in the prisoner's possession, that there was one missing—that locket was not produced to Lady Sarah Bailey, to my knowledge—I was not present at the time she saw it.

JOHN CHRISTIE. I am a carpenter and builder, and life in the New Cat, Lambeth. On Saturday last, the 13th of June, I went to No. 14, Norfolk-street, and examined this part of the door and door-post—it was shown me by inspector Pearse—I examined it carefully—I saw some marks on the outside of the door, and also on the door-post outside—the marks of violence on the outside, were not, in my judgment, sufficient to have forced the door open if it had been bolted—if forced open from the outside, the marks of violence must certainly have been greater—I ex

amined the socket of the upper bolt—I should say that had been forced off by a poker—by applying my magnifying-glass to it, I could tee that by the grain of the wood—that socket could not have been forced off by the poker, if the poker had been used from the outside, while the door was closed—in my judgment, the poker must have been used after the door was opened—(looking at the poker produced)—I should say it could have been done by this poker—if it was bolted, they could not get the poker in—I am quite sure it could not have been done by the bolt.

Q. Supposing the bolt to have been shot into the socket, and the door forced open, could the socket have been forced off by the bolt, in the manner it it? A. No, I do not think it could, because the poker could not be used—the staple was on too fast for the violence used to force it off—the marks on the door do not appear sufficient—I see no mark inside the door-post where the bolt shuts against—there is plenty of room—the bolt does not go at far into the socket as the mark of the poker extends—I also observe tome marks at the bottom of the door where the bottom bolt is—I looked at the bottom bolt and socket—I should not suppose from the appearance of the bolt that it had been bolted at all, very little, if any—the marks of violence at the bottom of the door near the bolt, were not considerable—part had been made by a screw-driver, and part by a poker—they had been used from the outside, when the door was closed, only on the latch—it could have only been on the latch, because I should say they could not get at it well without—I should have thought the instrument would have cut the door, if it had been dose extent when on the latch—(The witness here pointed out to the Jury the several marks on the door, and door-post)—here is the mark of a screw-driver—if it bad been used to force it open, it would have marked the edge of the door with it—here it where the poker hat been applied to it—besides the marks at the top and bottom, where the bolts are, there are three or, four little hammer-marks outside the door and post—they do not appear to have been done with sufficient violence to force the staple off—from the whole appearance of this doot, it is my opinion it was not opened with force from without—it must have been opened first before that violence was used—all these impressions were done while it was on the latch, and not boiled—I have teen this part of the cupboard door before, and hare compared the tongs—there is an impression of these tongs.

Cross-examined by MR. CLARKSON. Q, If those tongs were applied to it two or three times to make examinations, that would be very apt to make a mark, would it not? A. That must have been done on purpose.

MR. CHAMBERS. Q. You speak of hammer marks, and screw-driver marks on the large door, did you compare a hammer and screw-driver with those marks? A. I did—here is the hammer and screw-driver—(looking at them)—they exactly correspond with the marks I find on the door.

GEORGE COLLIER (police-constable E88.) I went to Lord Russell's house on the 6th of May—I examined the door and door-post leading into the back area—in my opinion from the appearances I observed, the breaking was from within—on the 8th of May, I assisted inspector Pearse in a search made in the prisoner's pantry—I saw Mr. Pearse remove a small piece of skirting-board leading from the fire-place to the corner where the sink is, and take a purse from there, and afterwardt a silver medal, with a ribbon attached to it, and a ₤10 Bank of England note—Mr. Pearse then

left the pantry, and went up stairs to the prisoner with the things—I followed him up to the parlour—the prisoner afterwards came down into the pantry—I went on with my search about the place—I saw Mr. Pearse find a split ring—it fell from behind a leaden pipe, which is against the wall—the prisoner continued in the pantry some time while we were searching, three or four hours, I should think—I saw some rings in the possession of Pearse, which he took from behind the skirting—I did not hear the prisoner asked any questions about them—I heard him say he never saw the medal—he said nothing to Pearse about the rings, but he did to me—he was in company with me in the pantry, and I asked him if those were his Lordship's rings which Pearse had found—he said they, were, and his Lordship had worn them yesterday—I asked him where his Lordship had put them when he went to bed—he said, "On the table, in his bed-room"—I asked him if his Lordship had a gold split ring—he said he had, and he used to keep his seals on it—this was not before the split ring had been found—I said to him, "It is a most shocking thing"—he said, "It is, I am innocent of it, but it would not look so bad against me had not the property been found in my pantry"—I said it looked very suspicious—he said, "I shall say nothing, at least, until I hear that the whole truth is told"—he was then taken up stairs and searched—he was then taken into strict custody—next morning I again searched the scullery, adjoining the pantry, along with Shaw, the police-sergeant—I assisted in taking down a platerack, and behind the leaden pipe, which runs close against the wall, and adjoining the plate-rack, I found this seal—(producing it)—I immediately showed it to Shaw, and marked it—it has a coat-of-arms on it—it was entirely concealed between the pipe and the wall—there was just room for it between the pipe and the wall—I searched another leaden pipe in the scullery, leading to the pantry, and found this signet ring behind it—(producing it)—it was behind the same pipe as the seal was found behind—the ring was bent with the pressure—it was squeezed down behind the pipe—the ring part was bent down exactly as it is now—it was close to the pipe, so that it could not be seen without feeling there—I was in the pantry on Wednesday, the 13th, when the flooring was taken up—I took the carpenter there—(I had still continued searching the drains and parts, and found nothing)—it it a wooden floor—from under the second board that was removed, which required some force to take up, the plumber pulled a handful of rubbish, among which was this sovereign, (producing it, ) which he gave to me, and I marked it—it was close to the door of the pantry into the scullery—on the following morning, Thursday, the 14th, I and Cronin went into the dining-room, and saw Tedman, and in consequence of what he informed us, we went up stairs, and in a portmanteau, in the prisoner's bed-room, I found these two handkerchiefs, one cotton, and one silk, near the top of the portmanteau; and likewise in the same portmanteau, this shirt-front—(producing them)—the handkerchiefs are both marked "B C"—there were a great many other articles of wearing-apparel in the portmanteau—I saw some spots or marks of blood on both the handkerchiefs—there are several spots—they are dirty handkerchiefs—I was present some days before this when that portmanteau was examined—I attended to the examination that was then made of it—I could not swear that I noticed either of these things then—I did not find any shirt any where, that this front would match—the handkerchiefs and front are is precisely✗ the same state as when I found them.

Cross-examined by MR. PHILIPS. Q. Was there any body present at the conversation you had with the prisoner? A. There was not.

Q. Did you tell him, in the course of that conversation, that he was sure to be hanged or transported? A. I never made use of such a word.

Q. And the prisoner did not upon that tell you he would speak nothing farther to you whatever? A. He did not—I have stated the facts word for word that passed between the prisoner and me—I did not say, "Do you suppose for a moment that a stranger would have come and put these things behind the skirting-board"—nothing of the kind, and the prisoner did not say, "It is very strange"—Cronin was with me when I searched the portmanteau, on the 14th—I believe it was Shaw that I saw search the portmanteau some time before—I will not be certain, but I know it was searched—I am not sure it was not Shaw and Cronin, or Shaw and Staple, I was busy searching another part of the room, and did not pay much attention to it—I assisted in the examination—I could see what was going on—that might be three days before the 14th—it was some time between Saturday and the 14th—Saturday was the 9th—I believe the prisoner was sent to prison on Sunday night, the 10th—I cannot state whether the search was on Sunday, because nothing transpired to bring any thing to my recollection—I helped to search the trunk—we were searching it for several things, as a good deal of property was missing then—I knew the trunk had been searched on the 6th.

Q. And you went to look for spoons and forks, on the 9th? A. I went to look for several things—there was no bloody shirt found—I did not know what might be found—the inspector was as likely to overlook a thing, as me—I thought I might find the forks and spoons—it was on the 8th that I knew the box had been searched—I did not know it had been searched on the 6th—it was on the Friday, the day Mr. Pearse found the property that he and Shaw searched it—I never heard of Tedman searching it on the 6th, not up to this instant—I did hear of inspector Pearse and sergeant Shaw searching it on the 8th.

Q. And you went on the 9th, hoping to find a bloody shirt, and forks, and spoons, and some of the missing things? A. I do not know about hope—I went to see if I could find any thing—I went to search what I could find, or for any marks of any thing bloody, that is what I went to look for—I suppose it was searched with that same object, on the 8th—I suppose inspector Pearse and sergeant Shaw would not fill the stations they do, if they were not officers of some reputation—I have stated that I found the two handkerchiefs very near the top of the trunk—I did not overlook them—I found them directly—I took up one handkerchief first, and I and Cronin took it to the window—I did not take any thing else to the window before I took the handkerchief, because the rest was linen, and we could see—I did not expect any thing was on it—I took it to see if there was any thing on it—I could not expect about it, I did not know—I took the other to the window in the same way—I searched the whole of the box—it was not locked—the room door was not locked—I did not notice whether there was a lock on it—I had no charge of the trunk—there were a great many police in the house—sergeant Pullen is in the house now—superintendent Baker, and police-constable Humphries, and one or two of the C division—I should think there are eight or ten altogether—I will not swear to one—the handkerchiefs were lying very near the top, no one could search the portmanteau without seeing them, if they had any eyes

—I found the shirt-front after I found the handkerchiefs—near the middle, a little below, under the handkerchiefs—I should consider a torn shirt-front was a thing that would attract attention—it attracted my attention—I do not see how any one could miss seeing it, I could not, I know—if a person took each article one by one, out of the trunk, I do not think he could have missed seeing it, or the handkerchiefs either, if they had been there—I do not think the prisoner was in the house when I searched the trunk after the 9th—I cannot tell what day it was—I think it was after the Sunday, but I could not say what day it was—I do not think it was on Sunday—I think it was on Monday morning—I believe it was Shaw and Humphries who searched it with me—they searched more particular than I did—I was searching other places—I helped a little—I mean to say I did not search the box minutely myself—I saw them searching—I was searching other places at the same time there, a band-box, and other things—they appeared to me to be minutely searching the box—I observed none of these things on that day—the prisoner was certainly not in the house on the Monday—any body might have access to that room, for what I know—my duty was below stairs—I found the door open—I cannot tell whether every body might have had access on that morning, for I was not there—I have not brought the trunk here—it is a moderate sized travelling portmanteau—I found it strapped—there was one strap on it—it was buckled—it was not locked, but there was one strap—it was about eleven o'clock on the morning of the 14th, that I went to search it—I cannot tell whether the other time was on the Monday, or not—I cannot tell what o'clock it was—if I could tell you what o'clock it was, I could tell you the exact day—I think it must have been in the afternoon—I should say it was in the afternoon, after two o'clock—it could not have been many days before the 14th, because Monday would be the 11th—if I knew how many days it was, I could swear to the day—I cannot tell whether it was two days before.

MR. BODKIN. Q. How many windows are there in the prisoner's sleeping-room? A. One—the portmanteau✗ was standing near to the window, but it was more towards the middle of the room when I saw it—opposite the dressing-table—when I lifted up the lid of the portmanteau, the lid went against the table, in a line with the window—(pointing out the situation on the plan)—the window is at the back of the house—the front of the portmanteau was from me when I went into the room—as you enter the room, the portmanteau was on the left-hand side, and the window too—I should not think any person could fail to see those handkerchief when they looked into the portmanteau—I took them to the window to examine whether there was any mark on them, because they are dark—there was not light enough at the portmanteau to distinguish whether there were any marks on them.

COURT. Q. What is the size of the room? A. A very small room indeed, just big enough to hold a little bedstead, a table, and two or three chairs—it is a small back attic.

FREDERICK SHAW (police-sergeant E8.) I went to Lord William Russell's house on Friday, the 8th of May, and assisted in searching the pantry that afternoon—on the following day, Saturday, I saw Collier find a gold seal behind the pipe, and a seal-ring bent behind the water-pipe in the scullery—the sink had been taken up in the pantry, and taken away, when I got there—about five o'clock on the Saturday afternoon I searched

the pantry, near the hearth, and found this gold locket close to the joist of the flooring—(producing it)—the stone hearth had been taken up—I was sifting the dust, and among it turned over the gold locket.

COURT. Q. Were the joists of the floor taken up as well as the hearth? A. Only the hearth—I found this close to the joists.

cross-examined by MR. PHILLIPS. Q. Had you ever searched the prisoner's box, or assisted to search it? A. I did on Friday afternoon, the 8th, between five and six o'clock—I assisted inspector Pearse to search it, to see if we could find any thing to lead to a discovery—our search was a minute one—we do not make a careless search when our object is to find any thing suspicious—I paid every attention my duty required me to pay—no one else was in the room, when we searched it on the 8th, but me and Pearse—we took all the things out of the box one by one—we took each article up in our hands, and placed it on the bed—we left nothing behind that we considered suspicious—we took every thing out, and put it on the bed, so as to Bee the box was empty and contained nothing more—I am sure nobody was in the room with me, except Pearse, at the time we were searching the box—I did not search it again after the 8th, that I am sure of—I never searched or assisted to search it after the prisoner was seat to prison—I never searched it with Collier's assistance, nor in company with Humphries or Cronin—my only companion at my only search was Mr. Pearse—the portmanteau is a good-sized one—it is here—(produced)—the initials "F B C" are on it—the prisoner's room is a small one—I was near the window when I examined the portmanteau—the room was perfectly light enough to see any thing.

MR. BODKIN. Q. Do you remember whether any thing was taken to the window in order to examine it by the strong light of the window? A. I do not recollect that there was—the bed was on the right as you went into the room—the portmanteau was in the centre of the room, near the fire-place, when I went up stairs—when I took the things out, they were put on the bed away from the window—I do not recollect that I saw any handkerchiefs among the things that were taken out.

MR. PHILLIPS. Q. You found no breast of a shirt torn, in the search you made? A. I recollect seeing one in the portmanteau—I saw one very similar to this—(looking at the shirt-front produced)—I think it is the same—I recollect seeing a front there of this description—I do not know that I saw these two handkerchiefs there—there were a great number of things in the portmanteau—I will not speak positively to the handkerchiefs—this front I recollect seeing on the 8th—Mr. Pearse was with me—I had this front in my hand—I remember there were a good many neck-handkerchiefs in the portmanteau—I do not recollect seeing any of this description.

PAUL CRONIN (police-constable C158.) I went to Lord William Russell's house on Wednesday morning, the 6th of May, about half-past seven o'clock, but I did not go into the house till half-past ten—I was outside the door till then—I remained there every day and night until Saturday—I assisted Mr. Pearse in searching the pantry, and saw him pull down two boards of the skirting, and take out a gold-clasp purse—he found it just on the corner inside the skirting-board—I also saw him draw out a ribbon, and attached to it was a Waterloo medal—he took that from behind the second skirting—I next saw him draw out a 10l. note—I believe Mr. Pearse took possession of all that property—it was on Friday,

the 8th, that Mr. Pearse made this search, and found the property, about eleven o'clock in the day, or about twelve or one, as near as I can recollect—on Tuesday, the 12th, I went there again, in the morning, with Mr. Pearse—I had left the house after Saturday night—I had done nothing in the house from Saturday night till Tuesday morning—on the 12th I went into the scullery, leading from the pantry, and examined the flooring, particularly under a small vault attached to the scullery—I passed my hand along the boards composing the flooring of the scullery, and in doing so my finger struck against what I considered to be a ring—it is a very dark small place attached to the scullery—I drew my hand out in the dark—I had no light—I drew it out with some difficulty, and it appeared to me to be part of a watch-key with the pipe and ring broken off—this is it—(producing it)—I went again on the following day, Wednesday—I first searched in the pantry, and afterwards up in a yard—there are two yards, one above the other—it was in the upper yard I searched—I went there with Collier for the purpose of raising some stones which appeared loose—after raising the stones I saw a leaden sink encased with wood—(produced)—it came from the pantry—I had seen it in the butler's pantry—it was a fixture there, just over the place where Pearse found the property—I saw the sink taken down, and, I believe, it was placed in the yard afterwards—I looked at the sink round the edges—it appeared to me that the lead had been turned up and put down again—not the whole of it, only a small place in front—I turned up the front with an iron chisel which I had in my hand, looked inside, and saw a watch there—I immediately called Collier, who saw me take the watch out—I kept it and sealed it up almost immediately afterwards—I produced it at Bow-street, and have had it ever since in my custody—it was in the same state as it is now, with the glass out of it.

JAMES ELLIS. I am at present in the service of the Earl of Mansfield. I was for two years and eight months in the service of the late Lord William Russell—I left I believe on the 1st of April this year—the prisoner succeeded me in my situation—I remained two days there to initiate him into his duties—I am perfectly well acquainted with three out of these five rings—they belonged to Lord William Russell, and it is my firm belief that the other two belonged to him—he was always in the habit of wearing those five rings daily—when his lordship retired to bed, they were usually placed on a small dressing-table in the bed-room, which stood between the two further windows—(looking at the watch)—I used to wind up Lord Russell's watch for him, on a common average, five days out of the seven—I firmly believe this to be the watch which I was always in the habit of winding up—that I placed at night always in a watch-stand on a little table by the side of his lordship's bed—here is a name inside it, but it appears to me to be the maker's name—I never noticed that his lordship had a watch in which his own name was engraved—this name is engraved on the inside case of the watch—I am perfectly acquainted with this seal, these two watchkeys, and this signet ring—(looking at them)—they were all the property of his lordship—this split ring appears to be the same which was always worn to the watch—it is rather broken, but it is a similar ring to what his lordship used—the watch-key also appears to be the same, but a portion of it it gone—his lordship had a chased key of precisely the same pattern—I know that his lordship had a Waterloo medal, but I never examined it, and he had a ribbon attached to it—this Russia leather box was called the cash-box—I know that, and these note cases I can speak positively to—his

lordship had always foreign gold coins in the cash-box, but I never examined them—it was always evident to me they were not English money—I remember to have seen this miniature in Lord Russell's possession—it was always in the small cash-box—I never saw it any where else while I was in the service—this gold pencil-case I know perfectly well by marks which I now see on it—that was his lordship's—he was in the habit of carrying it in his pocket every day—this tooth-pick-case appears to me precisely similar to the one always carried by Lord William Russell—they were generally placed on the small table at night, where the rings were placed—this sugar-sifter I am positive to—it was always used by me when in Lord Russell's service, and this dish-cover is the top of a hash dish always used by me in Lord William's service—this cloak appears to be his lordship's evening cloak—it appears precisely the same as when I left his lordship's service—a card is sown in it—I have seen a locket in his lordship's possession—(looking at the one found in the pantry)—it might have resembled this, but I am not quite positive of it—I never by any chance had much cause to examine it, only if his lordship left it in any part of the house, he desired me to fetch it—I am not at all positive to the locket—it was a similar one.

COURT. Q. You say you have seen his lordship with a locket resembling this, but cannot take on yourself to say this is the identical locket? A. No, I cannot.

MR. ADOLPHUS. Q. We understand a rushlight was lighted in his lordship's room every evening? A. Every night when his lordship retired to bed—his lordship was never in the habit of reading in bed at all, to my knowledge—I never observed it—the candle, by which his lordship went to bed, was always put out by me when, his lordship retired to bed, and put on the table by the side of the rushlight—I never observed the candle to have been left to burn out in the socket—his lordship was particularly careful on the subject of fire—he has very often cautioned me—I remember his lordship's returning from a short visit to Richmond—I saw the prisoner several times after that, before I left London—probably two or three times—once I recollect very well the prisoner asking me if I had any recollection of his lordship's having a locket—I told him I had—he then said his lordship had lost the locket while out of town at Richmond—I said I wondered how it could be lost, as his lordship always carried it in the note-case—the prisoner also said he could not account for its being lost, unless it had fallen from the pocket of his lordship's clothes while he Was brushing them—he said his lordship had written, or was going to write, to Mr.Ellis, the proprietor of the hotel at Richmond, concerning the locket—there are only two days in particular that I recollect having conversation with the prisoner—one day was shortly after the return from Richmond, and the other the Monday before the murder—I rather think this conversation was a day or two after the return from Richmond—when I left Lord Russell's service, I handed over to the prisoner the plate that was in my care—I had a list of it, which I gave to the Commissioners, I believe—(the plate box was here produced)—the list is inside this—I examined the contents of the box at the house with my list, before it went to the bankinghouse—this is my own list—it is the list by which I checked the plate before I delivered it over to the prisoner—I examined the contents of the chest with this list shortly after this event—four table-spoons, four large forks, four dessert-spoons, and two tea-spoons were then missing—the greater portion

of the plate was always kept in my own bed-room at the top of the house, in a drawer belonging to a large dressing-table, standing in the valet's room—they were generally deposited there, but not always—I considered it the safest place for them—the plate in ordinary use was kept in a cupboard in the pantry below—(several articles of plate were here produced by Mr. Cumming)—to my firm belief these are the articles that were missing from the house, according to my list—they correspond in quantity and size, and they have the crest of Lord Russell on them—the same as I have always seen.

RICHARD MATTISON HARRISON. I am chief clerk in the banking-house of Hoare and Co., Fleet-street. The Baroness de Clifford keeps an account there—Mr. Wing, the solicitor, draws on her account occasionally—I remember paying a cheque of Mr. Wing's on the 25th of April last—I can tell from an entry which I have, that this 10l. note was one of the notes I paid on that occasion—(this was the note found concealed in the pantry)—the cheque was for 200l. and was drawn by Thomas Wing—here is the cheque—(producing it)—it is dated the 25th of April, 1840.

Cross-examined by MR. CLARKSON. Q. Have you the book here in which the original entry is? A. Yes.

COURT. Q. Do you know who you paid it to? A. I cannot say, but this is one of the notes I paid for that cheque.

THOMAS WING. I am solicitor to the Baroness de Clifford—I drew a cheque on her bankers, by virtue of her authority, on the 25th of April this year—I received the amount myself—I do not know whether this is one of the notes I received on that occasion—I received fifteen 10l. and ten 5l. notes—I kept them till I saw the Baroness on the Monday after, and then gave the notes I received from Mr. Harrison to her ladyship—I gave the self same notes to her ladyship on the Monday morning following the Saturday on which I received them—the deceased's name was Lord William Russell, by courtesy.

LADY CLIFFORD. I am related to the late Lord William Russell—I am the widow of one of his sons—I remember, on the 27th of April, receiving from Mr. Wing some Bank-notes amounting to 200l.—among them were some 10l. notes—on the 29th of April I gave one of those 10l. notes to the late Lord William Russell—it was given for a charitable purpose.

~COURT. Q. Was there any thing to be done with it? A. It was to be given to Lady Sarah Bailey—I went abroad on the Friday, the day after.

LADY SARAH BAILEY. I am related by marriage to the late Lord William Russell—he married my sister. I knew him for many years—I reside at Hampton Court Palace—While Lord Russell was residing at Richmond this Spring he came over to see me many times.

Q. Do you remember on any occasion any thing happening about a locket? A. Yes—he left the locket on my table while he went to chapel in the afternoon, and when he returned from chapel I gave him the locket again—he put it into the left-hand pocket of his coat, an upper pocket-when I first saw it it was in a brown and blue letter case which was worked by his daughter.

Q. Had his lordship a great regard for that locket? A. I suppose so, because he wrote for it—I bad never seen it before that time—(looking at the letter case)—this is the letter case, and to my belief this is the locket

—(looking at it)—there is hair in it—I cannot say whose hair it is—it is tied with a piece of blue silk—Lord William Russell wrote to me to inquire about the locket—I think he wrote for it from Camden-hill—I wrote to him in answer to his note—he was at Richmond at the time, but my letter to him was directed to Norfolk-street—I have no particular reason for knowing who was in attendance on him during his stay at Richmond—I did not see his servant when he came over to me at Hampton court.

COURT. Q. What was the occasion of Lord Russell's taking the locket out? A. He gave me a letter to read from that very case—I cannot remember whether the locket fell out, but when he was gone I found it on my table.

JOHN HARRIS. I am an upholsterer and work for Mr. Hughes. I went to Lord William Russell's house on the afternoon of the 5th of May, to adjust the bell-pull in his lordship's bed-room—I might be there about half-an-hour—I did nothing but adjust the bell-pull—it was a small ivory bell-pull, and the ring cut the rope—I was there about half-an-hour, to make it fast—I left the house then.

HENRY LOVICK. I am a bell-hanger. On Tuesday, the 5th of May, I went to Lord William Russell's house about three o'clock, or between three and four o'clock—I did a little job in the bed room, and I did something also to the door of the room—I was there twice—I left about halfpost seven o'clock in the evening the last time.

GEORGE DOUBLEDAY. I was groom to the late Lord William Russell. I did not live in the house—I was in the house on Tuesday, the 5 th of May, I cannot recollect at what time—I saw his lordship about eleven o'clock in the forenoon at his house—I was there once afterwards, I suppose a little alter six o'clock—I did not go next morning before twenty minutes before nine o'clock—I had been sent for—I continued there during the day till eleven o'clock at night.

MARY HANNELL re-examined. When I came down in the morning I found the half glass door on the ground floor bolted and chained—I do not know whether the shutter was put up to it the night before—it was not up in the morning—it was not always put up—the chain goes immediately below the glass part of the window—I do not know whether a person outside could see where that chain was.

SARAH MANSER re-examined. I am not able to state how the glass door was over night—I do not remember any thing about it—the shutter was never up when his lordship was at home.

JURY. Q. Were you in the habit of seeing the poker in the butler's pantry? A. Yes—I never examined it—I do not know whether it was bent or not—I never had any thing to do with it.

WILLIAM WINTER. I was one of the plumbers employed in Lord Russell's house after his decease. I saw a sovereign found under the boards on Wednesday, the 13th—I gave it to one of the policemen.

CHARLES ELLIS. I keep the Castle tavern at Richmond. Lord William Russell came to stop at my house, on the 5th of April last, and remained till the 22nd—he brought a man servant with him—it was the prisoner—there was also a groom—(looking at the witness Doubleday)—l would not swear that is the man, but he is very much like him—the prisoner was the only person in personal attendance on Lord Russell—on the 25th, after Lord Russell had left my house, I received this letter from him

on the subject of a locket—in consequence of that letter I made immediate inquiry, and search was made after the article—nothing was heard of it, nor ever has been since—I cannot find the envelope of that letter any where—the seal of it was from the Travellers' Club—I believe the prisoner brushed and cleaned his lordship's clothes while he was there.

CHARLES IGNATIUS CLAPTENBURGHER. I am a watchmaker in Regentstreet. Lord William Russell's watch was repaired under my directions—this is his lordship's watch—(looking at it)—I know this watch-key, by having taken it off the last time the watch was repaired—it is the watchkey belonging to Lord William Russell's watch—but it was taken off, and put on one which was lent to him while his own was repairing—I sent it back again to him with the watch—it fitted the other watch which I lent him.

CHARLOTTE PEOLAINE. My husband's name is Louis—he is a Frenchman—I am an Englishwoman—we keep the Hotel Dieppe, Leicester-place, Leicester-square—I know the prisoner—I think it is about four years ago that I knew him—he came to a situation, to take a place in the hotel as waiter—I do not recollect whether he told me his name—we used to call him Jean—French is generally spoken at our hotel—he staid with us a month or five weeks, it was not long.

Q. Since that time has he continued to be acquainted with you, coming in occasionally? A. I never saw him since till about six weeks ago I think—he then came to our hotel—it was on a Sunday evening—he merely asked me how I was—he staid about two minutes.

Q. How did he introduce himself to you, do you remember? A. He knocked at the room door, I said, "Come in, " and he walked in—I did not recognise who he was at the moment—it was some time since I had seen him—he said, "Do not you recollect me? "—I said, "No, I do not"—he said, "I am John, that used to live with you some time, over in the Square"—I recollected him then—he staid a few minutes, and then went away—I believe I asked him if he was in a situation, and he said, "Yes"—I said, "I am very glad of it"—he said, "With a gentleman"—he did not tell me his name—I saw him again, I think it was on the Sunday week afterwards, or the Sunday fortnight—it was on a Sunday evening—he merely came in and asked me how I was—it was in the evening—he had a paper parcel in his hand—he asked me if I would take care of it till the Tuesday following, and he would call for it—I said, certainly I would, and he left it with me, and went away—I put the parcel in a closet, and locked it up—it is a closet I use generally—I had no notion at that time what the parcel contained—it was a sort of round parcel, tied with a string, and sealed.

Q. Did he call for it on the Tuesday following? A. I never saw him since until to-day—I heard once or twice of the murder of Lord William Russell.

Q. Had the parcel been left with you before you heard of the murder, or not? A. Oh yes—I took the parcel out of the closet yesterday morning, for the first time—I was induced to take it out, on account of what my cousin brought up stairs in a French newspaper—he read it to me, and showed it to me—in consequence of that I had some conversation with my cousin, and sent for Mr. Gardie, who lives in King-street—he is a chaser and modeller, I believe—I also sent for Mr. Cumming, an attorney, who is an intimate friend of ours—Mr. Vincent, my husband's partner, was also present—he is the person who gave me the information out of the French paper—the parcel was

opened in the presence of those persons—it had never been opened before, from the moment it came into my possession—(Mr. Cumming here produced the parcel)—this is the parcel—this is the brown paper that was over it—the parcel contained spoons and forks, silver I suppose, two pairs of new stockings, and two instruments, which I do not know the name of, a pair of dirty socks, a jacket, and something, I do not know what they call it, I think it is tow, round the plate—it is like ravelled rope, that would have the effect of preventing the plate being felt, or from jingling—it did not make the least noise—Mr. Cumming immediately wrote down on a sheet of paper what there was, fastened it up again, and brought it here, I believe—before he fastened it up, we signed the inventory, to attest what it contained.

Cross-examined by MR. PHILLIPS. Q. About what a clock in the day yesterday was this? A. About four, I think—we have a billiard table in our hotel—it is not much frequented—merely by the gentlemen who board and lodge in the house—there are a few that come—it is not exclusively kept for the guests—any body can go and play that likes—any stranger may come in and play—there are no other games played in the house—not backgammon—it is a peaceful house—the police have not been there at all—no one was ever taken out of it, I think I can swear that—I never heard of it—there was never any gang of suspected persons taken out of our house by the police, nor any person.

Q. What did you mean by saying you think you could swear it? A. Because I am never down in the billiard-room myself, but I never beard any noise—I do not think there is any gambling-house in Leicester-place but ours, and ours is not a gambling house—there are not a great many gambling-houses in Leicester-place that I am aware of—we have lived there two years next September—I never inquired much whether there were gambling-houses there—our house is very much frequented by foreigners—there are generally a good many there—the prisoner went by the name of Jeanin our service—that was the name I gave him—I do not know whether his name was Jean—I called him so for convenience sake—because it would be easy for us all in the house—I never knew him by any other name—we do not take in English papers at our house—I very seldom read them, I have not time—a few English gentlemen occasionally come to our house—we never take in any but French newspapers.

Q. Have you not had for the last five weeks heard continual conversations about this dreadful event, the murder of Lord William Russell? A. No—I am never among the gentlemen down stairs, who have conversations—I have a husband, but he is in France—he has only been gone a fortnight—he is the master of the hotel, that is all—I have not heard my husband speak of the murder, to my knowledge—if he has I have forgotten it, but I do not think he has mentioned the subject to me—I do not walk in the streets on Sundays—I go to church sometimes—I have not observed the placards of the Sunday newspapers—I have never seen posted up in large letters, "The Murder of Lord William Russell, " nor heard the confessions of the prisoner cried about the street—I think I heard of the murder the day after it was committed—I was certainly very much shocked—I do not know that I said any thing to my husband about it—it might have been named, I cannot recollect whether we did or did not speak of it—I have not time to think of these sort of things—I am always occupied—my husband and I very seldom dine together—we breakfast together sometimes—I do not know whether it was my occupations that prevented

my mentioning it to my husband—I do not recollect whether I said any thing about it to my husband—I did not say any thing about it to his partner to my knowledge—I did not speak of it to any body, being generally occupied—Mr. Vincent is always occupied down stairs, and sometimes I do not see them the whole of the day, from morning to evening—I sleep with my husband, but sometimes I have gone to bed a long time before him—that was not the case during the whole three weeks he was in town—I cannot say whether I was frequently awake when he came to bed—I cannot say whether I was too much occupied to hold any conversation with my husband during the three weeks—that is a question I cannot answer.

MR. ADOLPHUS. Q. You have been asked about the reputation of your house, is there any pretence on earth, to your knowledge, for calling it a gaming house? A. No—the police have never to my knowledge broken in and taken any one out—it has never happened while we have lived there.

Q. Respecting your conversation with your husband, do you, like other women, converse with your husband on things that pass, and think no more of it after it is over? A. Yes.

Q. Whether you heard of the murder of Lord William Russell or not, could you have any idea that Jeanwas the same person as Francois Benjamin Courvoisier who was accused of the murder? A. No—parcels are sometimes left in our care, at the counter down stairs—I put the parcel in question in my closet, and locked it up—I never moved it out—it was put at the bottom—the closet is in the first floor—the billiard-room has no connexion or communication with that—the billiard-room is on the parlour floor—whoever comes to play at billiards have no business up stairs—there is no backgammon table in our house.

COURT. Q. You have said you heard of this affair the day alter it happened? A. I believe so.

Q. Can you tell how long before that it was that the parcel was left with you? A. I think it might have been a week or a fortnight—I cannot positively say—I do not recollect what part o£ the week I first heard of it.

LOUIS GARDIE. I am a modeller and chaser, and live in King-street, Soho. I am an acquaintance of Mr. Peolaine, who keeps the Hotel Dieppe—I was at that hotel when a parcel was brought in by a man—it was on a Sunday—I was only a visitor there, and of course did not pay much attention—I happened to be there by chance—I saw it was a little parcel, and was covered with brown paper—I did not know the person before who brought it—I cannot positively say the prisoner is the man, because I never knew the man, and be was there so short a time, of course I could not say exactly—I got a glimpse of him, and that is all—I paid so little attention I do not know what really passed—I know the parcel was left, and the door shut, and the gentleman gone—it was left in Madame Peolaine's charge—I was at the hotel yesterday—Mr. Vincent, the partner of the house, came and fetched me, with regard to some news he had got from a journal or newspaper—I went to the hotel—he said something to me, and we went directly to the City to Mr. Cumming, who went back with us to the hotel—when we got back the parcel was produced—I cannot say whether it was the parcel I had seen before or not, I paid so little attention to it—Mr. Vincent, Madame Peolaine, me, and Mr. Cum

ming were present when the parcel was produced—Mr. Cumming cut the string, and opened it—it contained some silver articles, a jacket, and other things—a list of the contents was made out in my presence.

COURT. Q. You were present when the parcel was delivered to Mrs. Peolaine, on a Sunday; have you any thing in your mind to tell you what time it was? A. I cannot say exactly—I know it was Sunday—to the best of my recollection, I think it was about five or six weeks from this time—I heard of the murder of Lord William Russell—it was about that time, I think, a little before, I think.

RICHARD CUMMING. I am a solicitor, and carry on business at No. 17, Old Jewry. I saw Mr. Gardie and Mr. Vincent at my office yesterday—I accompanied them to Mr. Peolaine's—he is not a client of mine—I am acquainted with him—a brown paper parcel was produced to me by Mrs. Peolaine—it was tied up with string, and the string sealed—my advice was asked on the subject of opening it—I opened it myself, and made this list of the articles that were in it—I then did it up again—before doing so, I noticed a crest on the forks and spoons—after doing it up, I proceeded to a bookseller's shop, in order that I might see by roe Peerage-book the treat of the Bedford family, and having satisfied myself that a goat, which was on the spoons, was the crest of that family, I immediately proceeded from Ridgeway's, the bookseller's shop, to Marlborough-street, for the purpose of seeking the advice of a Magistrate, and to be relieved from the possession of the parcel—I saw an officer, who introduced me to the clerk of the Magistrate, and I made a communication to him—in consequence of a communication from him, I immediately came here in a cab—I arrived here about six o'clock—I sent in a communication by note to the solicitor for the Prosecution, and was directed to come in—I then made a communication to Mr. Wing and Mr. Hobler—he paper which I brought in some time ago, contained a portion of what the brown paper parcel contained, but I had given up the brown paper, and some other articles, having first put my initials on them, by the direction of Mr. Hobler, to an officer—the spoons, and forks, and plate, which I have brought in, were in that parcel—here are my initials on the cover of the parcel—there has been an address on the cover, which is nearly erased—besides the spoons and forks, there is a gold ear-apparatus, and a leather box—this is the list which I made out, and which I had signed by Vincent Gardie and Mrs. Peolaine—(reads)—"four silver table-spoons, four silver dessert-spoons, two silver teaspoons, four silver forks, one leather box, containing two instruments for the ear; two pairs of white stockings, (no mark on them) one pair of white socks, with 'C 4' on each; one flannel jacket, another check jacket, (which I have called an undress jacket; ) and a small quantity of tow or yarn."

Cross-examined by MR. PHILLIPS. Q. It was about six o'clock you came here yesterday evening? A. About six o'clock—I came into Court, and proceeded to the seat of the solicitors—I saw you here—I do not know Mr. Flower—I knew you were one of the counsel for Courvoisier.

WILLIAM FREDERICK MOLTINO. I am a printseller, and live in Pall Mall—it is my custom to fix upon parcels I send out a ticket of the address of my shop—this is one of my tickets upon this brown paper—Lord William Russell was a customer of mine—on the 27th of April I sent a parcel to his house for him—it was a print framed, called the Vision of Ezekiel—it was inclosed in brown paper—to the best of my belief, the

parcel I sent upon that occasion had a ticket on it like this, but I cannot say that I remember distinctly the act of putting the paper on—this label is similar to ours—it has on it "From J. A. Moltino, printseller, 20, Pall Mall"—it is not exactly a printed label—we have a brass plate cut out, and we rub the ink over it—this appears to have been done so.

Cross-examined by MR. PHILLIPS. Q. Be good enough to look at this letter—here is one letter I see remaining, do you see the letter M.? A. I see some marks, but I cannot see what it is—it looks something like an M—I had been in the habit of sending his lordship engravings occasionally—he had his house hung with prints—I have not sent him many during the last three or four years—I have several, perhaps half a dozen, but they were not all framed—I think the only print we ever framed, was the Vision of Ezekiel.

Q. Did you send the others with brown paper, or at all events, with the ticket with your name? A. Yes, I think so—we generally use brown paper—I cannot tell bow long before the Vision of Ezekiel was sent we had sent an engraving to Lord Russell—it was some time.

MR. BODKIN. Q. Do you remember how you used to direct a pared of that sort? A. In directing a parcel of that sort, I should write, "The Right Honourable Lord William Russell"—I have not a distinct recollection of the act of doing that with the Vision of Ezekiel—that print was about four times the size of that book—(one on the table)—it could not have been inclosed in this sheet alone—I sometimes pack articles in brown paper, which has been used on other occasions.

JOSEPH VINCENT. I know Mrs. Peolaine—I read something in a French newspaper yesterday, in consequence of which I went and spoke to Mrs. Peolaine—I signed this paper—(looking at the list.)

HENRY CARR. I am an acquaintance of the prisoner's—I was a fellowservant of his in the family of Mr. Fector—I think I have seen him wear a jacket similar to this, (looking at the one in the parcel, ) in the service of Mr. Fector, but I cannot be positive—I called on the prisoner on Tuesday, the 5th of May—I left the house about a quarter or twenty minutes before six o'clock—he went out with me—I parted with him at the corner of Park-street, a very short distance from the house—I saw nothing more of him that night—I did not return to the house that night.

LETTICE BANKS. I do not know the prisoner—I saw him once—I have washed some shirts, stockings, aprons, and pocket-handkerchiefs for him—these dirty stockings have the prisoner's mark on them, but I do not know that I ever washed them—they are marked in the heel—stockings are sometimes marked there, but I never saw any of his marked in the heel—his were marked at the top—I have had both socks and stockings of his—some were marked C. B.—I do not recollect them all—I do not know whether any were marked C only.

THOMAS DAVIS. I am in the employ of Mr. Webster, an aurist. These instruments were made by Mr. Webster—such instruments were supplied by him to Lord William Russell in June, 1836—I have the book here.

JAMES ELLIS re-examined. These are similar instruments to what I have seen in Lord William's possession—I think I had seen them about three weeks previous to my leaving—he never wore them.

SARAH MANSER re-examined. Q. Did you see these, or some

like them? A. Yes, about a week or a fortnight before the event took place.

MR. BODKIN. Q. Where was the plate kept in the house of Lord Russell just before the period of this transaction? A. The prisoner kept it in his bed-room—I have seen a jacket in the house—I cannot say whether this is it or not—it was one of this appearance—I have seen it down in the prisoner's pantry—I do not know whether it belongs to him.

(Adjourned.)

SATURDAY, June20th.

The Queen against Francois Benjamin Courvoisier continued.)

CHARLES AUGUSTUS RIVERS. I am a sculptor. I made this model—I measured the height of the different walls of the building—this model correctly represents the part of the premises it is intended for—the back wall next the stable is sixteen feet three inches high—this is part of the stabling—that wall continues the whole length about that height—the wall on this side is eight feet seven inches and a half—the height of this tiled building is ten feet four inches, I mean this back wall—the height to this piece of weather-board is six feet ten inches—there is nothing on the other side except a kind of bottle-rack, which is represented by this black drawing—the lower part of this bottle-rack seemed sound, but the part towards the roof seemed in a very rotten state—I could not form a judgment whether it would bear the weight of a man—this place represents the pavement of Sir Howard Elphinstone's yard—the height from the pavement to the wall of the bath-house is fourteen feet.

SARAH MANSER re-examined. Q. Did the prisoner remain in the house in Norfolk-street, from the time the murder was discovered till he was taken away in custody to prison? A. Yes.

JOHN TEDMAN re-examined. I did not examine the bottle-rack carefully—Beresford was sent to do it.

(MR. PHILLIPS addressed the Jury on behalf of the Prisoner.)

(Peter Cherry, proprietor of the British Hotel, Jermyn-street; James Noble, head waiter at the above hotel; Henry Petto and Jane Susan Petto, in the service of Lady Julia Lock wood; and Lady Julia Lock wood, of No. 100, Park-street, in whose service the prisoner had been nine months; deposed to his good character for kindheartedness, humanity, and inoffensiveness of disposition.)

GUILTY- DEATH.Aged 28.

NEW COURT.—Thursday, June18th, 1840.

Before Mr. Common Sergeant.

Reference Number: t18400615-1630

1630. MARTHA ELIZABETH MENZIES was indicted for uttering a forged bill of exchange for 22l. 7s. 9d., on the 4th of May, with intent to defraud Edmund Ives; and on the 27th of January, a forged bill for 28l. 17s., with intent to defraud Thomas Goode, well knowing them to have been forged; also for stealing, on the 30th of October, I bed, value 3l.; 1 bolster, value 10s.; and 2 pillows, value 8s., the goods of George Wilson; to all which she pleaded

GUILTY.Aged 54.— Transported for Fourteen Years

Reference Number: t18400615-1631

1631. GEORGE ABEL was indicted for stealing, on the 29th of May, 1 pewter pot, value 1s. 6d., the goods of George Griffiths; to which he pleaded

GUILTY.Aged 25.— Confined Three Months

Reference Number: t18400615-1632

1632. FREDERICK RICHARDS was indicted for stealing, on the 20th of May, 78 yards of calico, value 1l. 19s., the goods of Joseph Jackson; to which he pleaded

GUILTY.*Aged.— Confined Six Months

Reference Number: t18400615-1633

1633. JOSEPH STOCKHAUSEN was indicted for feloniously uttering 2 forged warrants for payment of 5l., with intent to defraud Thomas Penny; to both of which he pleaded

GUILTY.Aged 23.— Transported for Seven Years

Before Mr. Justice Littledale.

Reference Number: t18400615-1634

1634. GEORGE MOSS was indicted for breaking and entering the dwelling house of Cornelius James Donovan, at St. Matthew, Bethnal Green, on the 31st of May, and stealing 1 bottle of ginger-beer, value 3d., and 6 halfpence, his property.

CORNELIUS JAMES DONOVAN. I live at Cambridge Heath, Bethnal Green—I have the house to myself, and am a green-grocer—I went out with my wife and some friends on Sunday the 31st of May, about three o'clock in the day—I fastened the door, locked it, and put the key in my pocket—there are two doors to the back, and they were both fastened—I do not know that any windows were open—there is only the shop and parlour down stairs, and the windows in them were fastened—I had some bottles of ginger-beer in the house when I went out—I returned home about half-past eight o'clock, and saw several persons about the front of the house—I broke the door open—I did not wait to see if I could open it with the key—I went up stairs to the back bed-room door—I tried it with the key, but I could not get the key in the lock, in consequence of something being in the centre of it—my brother-in-law was with me, and he broke that door in with his foot—I did not perceive that any thing bad been disturbed in the house—the top part of the back parlour window was down, which I suppose was up when I went out, but I cannot say—I did not miss any ginger-beer—it would have been impossible to miss one or two bottles—next day I missed three-pennyworth of halfpence from under a tea-caddy on the shelf in the parlour adjoining the shop—the shop and parlour are all one room, only there is a partition across.

EDWARD RAYNER. I live in Suffolk-place, opposite the prosecutor's—I am a retired builder. On Sunday afternoon, the 31st of May, I looked out of my window, about five o'clock in the afternoon, and saw the prisoner trying to get in at the prosecutor's door—he seemed as if he was unlocking it—the door opened and he went in—(I knew that the prosecutor and his wife were out)—I came out and told Mr. Welsh to look for a policeman—the prisoner shut the door after him when he went in—he came out in about a quarter of an hour—he had a bottle of ginger-beer in his hand—he went through Cambridge Heath Gate, towards the bridge.

GEORGE WELSH. I live in Suffolk-place, nearly opposite the prosecutor's. On Sunday afternoon, the 31st of May, Mr. Rayner spoke to me, and in consequence of what he told me, I went to look for a policeman—I could not find one for a good bit—I at last found one—I waited

at the turnpike before the policeman came up, and the prisoner came out of the prosecutor's house with a bottle of ginger-beer in his hand—I pointed him out to the policeman, who followed and brought him back.

FRANCIS HARRIGAN (police-constable N57.) I was on duty in Hackney-road on the 31st of May—Mr. Welsh pointed out the prisoner to me—I stopped him, and told him I wanted him—he began to feel in his pocket, and I thought be had got something there which he wanted to throw into the canal, which was close by—I asked what he had got in his pocket—he said a bottle of ginger-beer—I asked where he got it—he told me he had bought it over the bridge—I then searched him, and took from him a bottle of ginger-beer, which I now produce, two double pick-lock keys, two single ones, and a screw-driver—I took him to the station-house and searched him again, and found on him six halfpence wrapped up in a piece of brown paper—they were given up to him by order of the Inspecter.

GUILTY.Aged 45.— Confined Eighteen Month

Reference Number: t18400615-1635

1635. LOUISA BATEMAN was indicted for feloniously breaking and entering the dwelling-house of Jacob Cohen, on the 2nd of June, at Christ Church, and stealing 1 shirt, value 2s.; 1 hat, value 2s. 6d.; 4 pillows, value 9s.; 1 blanket, value 5s.; 1 coat, value 3s.; and I pair of trowsers, value 4s., his property.

JACOB COHEN. I live in King's Head-court, Sandys-row, Spitalfields. I go about with a clothes bag—Mr. Lemon is the landlord of the house, but does, not live in it—I have one room, in which I sleep and carry on my business—my son lives in that room with me—he is going on for twenty years old—he goes as a porter to carry things—he is not in partnership with me—he sleeps with me—I pay the rent of the room—it is up one pair of stairs—the prisoner occupies a room on the same landing—I do not know who she pays her rent to—there is no one liven above me—there is one person lives below—I think the prisoner had lived there three or four weeks—on Tuesday, the 2nd of June, I went out at nine o'clock in the morning, I fastened my door with my key—my son had gone out at eight o'clock in the morning—I came home about four o'clock—my door was locked—I unlocked it, and went in—I missed four pillows, which I had left on the bed—my hat, which had hung on a nail in the wall, and my coat, and trowsers, and shirt from the cupboard—I went to the station-house, and gave information—the policeman came with me, and took the prisoner.

WILLIAM JOHN LONGMAN. I am shopman to a pawnbroker, in Brown'slane, Spitalfields. The prisoner came to our shop on the 2nd of June; about eleven o'clock, and pawned a pair of trowsers for 2s.—she came again, about half-past two or three, and pawned a coat for 2s.—she gave the name of "Ann Deacon" for the trowsers, she gave the address, "No. 2, Wheeler-street, " and for the coat, "No. 2, Well street"—I have seen her several times before—these are the coat and trowsers, which I now produce.

RICHARD FARR (police-constable H23.) On the 2nd of June I went to Sandy's-row—I saw the prisoner and a great number of persons standing about—I took her up King's-head-court, to the prosecutor's house—I told the prisoner that Mr. Cohen had accused her of robbing him—she said she knew nothing at all about it—I searched her in the prosecutor's room, and found on her a duplicate of a pair of trowsers—|he said they were

trowsers that her brother had given her to pawn—I found two door keys in her pocket—I told her she had better tell all she knew, but the said she knew nothing about the things being stolen—I tried one of the keys found on her to the prosecutor's door, and it opened it—this is the duplicate.

WILLIAM JOHN LONGMAN re-examined. This is the duplicate I gave the prisoner when she brought the trowsers.

(Property produced and sworn to.)

Prisoner's Defence. The prosecutor has sworn false—I lived five weeks in the next room to him—I could not pay my rent any longer, and the landlord took the key away on the Saturday, and told me to get another room—the prosecutor was always in the habit of coming in and out of my place, and taking very indecent liberties with me—he brought in the coat and trowsers, and gave them to me to pledge, about half-past nine or tea o'clock—he told me he bad pledged them before for 5s.—I pawned them at two different times, at the pawnbroker's, for 2s. each—he had one ticket of me—I went and took a room at the time, and had the key when I was taken—as I was going up stairs again, I picked up the key that the policeman has got, and it fitted the prosecutor's door—the prosecutor told me to keep the other ticket, and I told the policeman so when he took me.

RICHARD FARR re-examined. Q. Did the prisoner tell you that the prosecutor had given her that property? A. She told the Magistrate to On the day she was remanded—she did not tell me so—she told me the next morning she had picked up the key.

NOT GUILTY.

Reference Number: t18400615-1636

1636. JAMES PALMER was indicted that he, on the 4th of June, at St. John's, Hackney, in and upon John Stapler did make an assault, and stab, and cut, and wound him in and upon the left side of the face, and left eye-lid, with intent to maim, disfigure, and disable him.—2nd COUNT, with intent to do him some grievous bodily harm.

JOHN STAPLER. I live in Retreat-place, Water-lane, Hackney—I am a cow-keeper. The prisoner is a sweep—on the 4th of June, between ten and eleven o'clock, I was at the Peacock public-house, at Homerton—the prisoner was there—the persons there were playing at skittles—there was a quarrel between the prisoner and a young man of the name of Henry Potter—they fought—they had five or six rounds—some one on the ground said Palmer had drawn his knife, and I said they should not fight any more—I merely said so in the ground—Palmer was within hearing of it—I said if they liked to fight they might, but I would not have any foul play—I said I would bet Potter to fight him for 5l., if they liked to fight fair—the fight was then over, and Potter sat down on the bench—I was standing by the side of the ground, and in the course of three or four minutes I received a blow from the prisoner in the left eye—he had some knife or other sharp instrument in his hand, but I cannot say what, as I did not see it—I did not hear him say any thing—I did not think I was going to receive the blow, it came so unawares to me—the blood came from the wound—I put my hand to my eye, went into the wash-house, and washed it—Potter came into the wash-house, and asked me what was the matter—I held up my head, he saw my eye, and ran out into the ground to see whether the prisoner was there—some one bad taken the prisoner out of the ground—when✗ he struck me he came in front of me—they got some warm water to bathe my eye, and some one

fetched a surgeon—I went home with the surgeon—he dressed my eye—when I received the blow I felt something strike against the cheek bone, but it was so severe it almost stunned me at the time—I have lost the sight of my eye—I had taken a little drink, but not to say that I was any way the worse for liquor—the prisoner had been drinking a little, but he was not to say tipsy.

Cross-examined by MR. PRENDERGAST. Q. How long had you been there? A. I went in at eight o'clock—I had a pint of half-and-half, and a pipe, soon after I went in—I might have drank once or twice with those that were at play—there was a candle in the ground—I was not aware at the time that I had been stabbed—I felt something strike me very hard—I did not see any knife at all with the prisoner—when this first happened—I should say there were not more than six or seven persons on the ground, more came in afterwards—the people did not take contrary sides—the fight was over when they came in, but there was a scuffling going on with three or four persons—I did not hear the prisoner say any thing about any knife, nor threaten to do any thing—I heard a person in the ground say the prisoner had drawn his knife—that was some time before I was struck—I had not struck the prisoner—I had no quarrel with him—I never had half-a-dozen angry words with him in my life—he might have been struck several times when there was a fight—another young man, named Potter, came into the ground after that, and he got struck—he was, I believe, the only man who received any blow, except the man the prisoner was fighting with—Potter was struck by somebody else—I did not see it—they do not give me the least hope of recovering my light, but the inflammation is going off.

GEORGE BANHAM. I was in the skittle-ground on the 4th of June—I saw the prisoner when he was fighting with Potter—I saw a knife in the prisoner's hand which he took out of his pocket, but I did not see him take it out—I called out, "No foul play"—Mr. Stapler was second to Potter, and picked him up—after I had called out, Potter went and sat down for a few minutes—in a short time, there was another disturbance with four of them again—I then took the prisoner by the arm and ran him out of the house—I led him out of the yard—as I was putting him out, I saw a knife in his hand—I asked whether he meant me any harm, and he said "No, " hut he made use of a bad expression, and said he would rip up bis guts—he did not say who—he did not mention any name—I led him home—he lives in Plough-lane—he shut the knife up, and put it into his pocket—I returned to the skittle-ground in about ten minutes, and saw the prosecutor bathing his eye in the wash-house—I did not seethe wound given—I went for the surgeon.

Cross-examined. Q. You said there was then a scuffle took place between four of them? A. Yes, that was after the first fight—they were all in a heap—there might be five engaged in that scuffle—I did not see the prisoner strike the prosecutor—I was in the yard, but I was not close to him—I ran and took the prisoner away to make peace—I was not aware that the prosecutor was stabbed—I cannot say whether any other man had a knife or not—after the first fight, Edward Potter and a man named Hocket came into the ground—there might be ten persons in all—there was one candle on the ground, just by the side of the ground near the place of the skittles—I did not hear the prosecutor say any thing about being stabbed or hurt—it was star-light.

EDWARD POTTER. On the 4th of June, I was going past the Peacock public-house, from half-past ten o'clock to eleven—I heard a noise in the skittle-ground, and went in—the prisoner was fighting with my brother, Henry Potter—Hocket struck me on my left eye, because I was parting my brother from the prisoner—I went into the tap-room, and heard Stapler call out—I came into the passage, and saw the prisoner being brought out pinioned by the arms by Banham—I perceived something extended from the bottom part of the prisoner's right hand—he was taken out into the street—I then saw Stapler come into the passage with his hand up to his left eye, which was bleeding profusely.

Cross-examined. Q. What did you go in the tap-room for? A. That I would not have any words with any of the party—my coat was out in the ground—I did not go into the room to pull my coat off—I went out into the yard again to strike the person who had struck me—two or three blows passed between us—I had been in a bit of a scuffle—I put my coat in the tap room, and then I came into the passage to go into the yard again—I did not go along the passage, there was not room—I was going to see how they got on, and as I waited in the passage I saw the prisoner, and immediately after that I saw Mr. Stapler going towards the front door out of the house—I was not quite sober—I knew what I was about—I had been to the Three Cranes public-house at Hackney—I was not accused of breaking a glass that evening—there was one broken by a man named Holland, who was in my company—the publican did not order us all out—we quitted the house in a few minutes—I then went to the Black Boy public-house in Well-street to have a bottle of ginger-beer—I then went to the Peacock public-house—I did not drink there—I am grave-digger of the parish—I struck the prisoner's father once.

BETHUNE HORSBURG. I live at Homerton. I am a member of the College of Surgeons at Edinburgh, and Apothecaries' Hall. On the 4th of June I was called to the Peacock public-house about eleven o'clock at night—Mr. Stapler was bathing his left-eye—I found the lower eye-lid was cut, and the integuments and the upper part of the eye very much swollen—the pupil was very much dilated, and quite insensible to light—it appeared to have bled a great deal—I directed him to come to my surgery, and there I dressed his eye—he has been under my care ever since—I have no doubt but that he has lost the sight of his eye for life—I attribute that more to the blow than to the cut—I saw a slight scar above the brow of the same eye—the wound on the lower eye-lid was in my judgment occasioned by a knife or some sharp instrument—I have seen the same sort of cuts occasioned by falling against some sharp instrument or against the edge of a chair—I do not think such a cut would be occasioned by a fist or by the feet.

Cross-examined. Q. What was the depth of it? A. It might be about a quarter of an inch or deeper at the upper part—I have seen clean cuts made with the fist on the cheek, but not on the eye, because the parts about the eye are more protected—I thought at one time that the eye-ball had been penetrated by the knife, but I find it had not—the eye exhibited marks of having received a blow from some such thing as a fist, and a very heavy blow it must have been—it is barely possible that this cut might have been inflicted by the nail of the man's thumb.

JOHN MATE (police-sergeant N28.) On the 5th of June, about nine o'clock in the morning, I went to the prisoner's house in Plough-lane—I

found him lying on some straw covered with soot-sacks—I took him into custody—I did not tell him it would be better for him if he confessed, or worse if he did not—I told him he must go with me, and be began to cry—I told him it was a bad job, and his reply was, "I should not have done it, if I had not been half lushy, "meaning drunk—I took him to the stationhouse, and I asked him where the knife was—he said he did not know—I asked him where he got it, and he said he did not know—I asked when he put it after he had done the act—he said he did not know—he denied any knowledge of the act.

MR. PRENDERGAST called

WILLIAM HOCKET. I am a shoemaker. I was at the skittle-ground, at the Peacock public-house—I saw the fight between the prisoner and Henry Potter—after that was over there was a scuffle among several persons, about four were engaged in it—I did not see the prisoner, during that time, strike or touch Mr. Stapler—I was standing with my back towards them—I saw him after he was taken by Banhan—I did not see any knife in his hand—I was about three yards from him when he was taken out of the ground—I followed him home—I had got his smock-frock, which I picked up in the ground, and I followed with it—the yard was dark, and it was not easy to see what took place when the scuffle took place—there are gas-lights in the passage—if the prisoner had had a knife in his hand; then I must have seen it, he had no knife that I could see—I had some scuffling with Edward Potter—from what I saw of the scuffle it was not like a regular fight—they were all together in a heap—I followed the prisoner and Banham up to the prisoner's house—when the prisoner got home I did not see any knife with him then—I did not hear any conversation with the prisoner and Banham about his having any knife—the prisoner was considerably intoxicated—if Banham and he had had any conversation in the passage I must have heard it, and I did not hear it—I did not hear any one in the passage say he had got a knife in his hand.

MARY PALMER. I am the prisoner's mother. On the evening in question I stood at my own door—I heard a noise—I went to the Peacock public-house, and there I saw them all—it was about ten minutes before eleven o'clock when I went there—I saw my son in the ground—there was a regular fight with three or four of them, and Stapler was in the act of fighting—I put my hand up, and said, "Pray do not fight, you are big enough to eat him"—I did not see my son with any knife—I never saw him with any knife—I did not see him removed from the ground—they came and told me he was gone—I came out, and left Stapler and all of them fighting—I afterwards saw my son brought home by Banham—he had no knife, I am sure—I got home before he did, and I was in the kitchen—no one said any thing about my son having stabbed any body—he was never in the habit of carrying a knife—he went to bed, and there he lay till the policeman came the next morning—after he had been in bed about three-quarters of an hour, there was a mob in the lane—I threw up the sash, and there was something said about stabbing—I thought the policeman was coming for him then.

GUILTYof an Assault.— Confined Eighteen Months

Reference Number: t18400615-1637

1637. WILLIAM HARRIS was indicted for stealing, on the 1st of June, 1 purse, value 1s.; 2 sovereigns, 3 half-sovereigns, and I half-crown; the property of Leonard Fosbrook, from his person.

LEONARD FOSBROOK, ESQ. I a barrister, and live in King's Benchwalk, Temple. On the 1st of June I was in Old Bond-street, about six o'clock in the afternoon, with Mr. Storey—I felt something touch me behind my legs—I turned, and saw the prisoner close behind me, and my purse on the ground, the prisoner was in the act of picking it up, and was walking away with it—I put my hand on his shoulder, and charged him with having got my purse—he put up his hands in a supplicating posture, and said, "O Lord, Sir, it was not me "—I am not certain whether I took the purse from his hand, or whether he dropped it, but I took it and have it—(producing a purse) and it contained the money stated—I had put it into my hind coat-pocket an hour before.

Cross-examined by MR. PRENDERGAST. Q. Had yon not something else in that pocket? A. Yes, a pocket-book, and a parcel of toothbrushes—they were taken also, and are quite lost—I saw another boy close to the prisoner—I did not see the prisoner speak to him—I did not see any man going away—I left the prisoner in charge of Mr. Storey, while I ran and took the other boy—nothing was found on him—the prisoner did not run—he walked about three steps.

NATHANIEL STOREY. I live in Jermyn-street. I was with Mr. Fosbrook, walking arm in arm—he suddenly disengaged from me, and collared the prisoner, and at that moment I saw a purse drop from the prisoner when he put up his arm—Mr. Fosbrook picked it up, and the prisoner exclaimed, "Lord, Sir, it was not me I assure you, " or words to that effect.

NOT GUILTY.

Reference Number: t18400615-1638

1638. GEORGE BOTT was indicted for feloniously assaulting Charlotte Bott, on the 25th of May, at St. George's, and cutting and wounding her on the left temple, and left side of her head, with intent to maim and disable her.—2nd COUNT, to do her some grievous bodily harm.

CHARLOTTE BOTT. I am the prisoner's wife. We live in Chapmanstreet, St. George's. On Monday afternoon, the 25th of May, I went to meet my husband in Bishopsgate-street—I went home with him—it was then about five o'clock—I then went out and staid till eleven o'clock it night—I then came home and went up-stairs—the door was fastened, and I broke it open—my husband was in bed—he got up when I broke the door open—there was no light in the room—my husband was in liquorhe came and bangedthe door against me very heavily, and I think he cut my head a little—he did not hit me more than once—I afterwards fell down-stairs, which made it much worse—I had some blows on my arm with falling down-stairs—when he cut my head, I just put my hand to it, and then I flew at him to hit him—I ran away and fell down-stairs—I bled a little from the cut, but not so much as from the fall—it was nothing hardly before—I do not know what he hit me with—it was quite dark—I really think it was with the door—it could not have been with the poker—the poker was bent twelve months ago.

Prisoner. You said you would have your revenge on me that night—the lucifer-box was on the table, and I asked you where you got that cut in your head. Witness. I do not recollect saying, I would have my revenge—he said something about my cut—I do not think he knew who did it.

WILLIAM COOK. I am a shoemaker, and live in Upper Chapman-street, St. George's, in the lower part of the house, and the prisoner and his wife live in the first-floor—on the night of the 25th of May, the prisoner's wife came home about eleven o'clock—I came out of my room and she retreated, and went

out of the street-door again—she then came in again and went up-stairs, knocked at the door and made a noise—she forced open the door—I heard what seemed to me to be words of anger between them, but I do not know what they were—I heard blows struck more than once—I do not know who struck, nor what the blows were given with—I heard his wife scream violently, and halloo "Murder" several times—she then fell down in the up-stairs passage, as it appeared by the sound—after that there was a bustling noise in the passage, and then she fell down-stairs head foremost—she moaned at the time she fell—my wile went and endeavoured to help her up-stairs, but was not able—the street-door was open and a number of persons were standing there—I went and asked the neighbours to come in and help me to get her up—we brought her into my back-room—the doctor came while she was in the passage.

WILLIAM COOK, Jun. I am the witness's son. I went to bed before eleven o'clock—I afterwards heard a noise over-head, at the back-room door, as if some one was kicking against the door, and forcing it—I heard screams and the cries of "Murder" several times, which, according to the sound, came from the prisoner's wife, who was up stairs on the landing—I heard a fail from the top to the bottom of the stairs—I dressed myself and went to the door—I saw the prisoner's wife with her head towards the kitchen door, and her heels on the second stair from the bottom—the policeman came soon after—I did not see the prisoner before his wife fell down.

HENRY GOULD (police-constable K79.) On the 25th of May I went to No. 29, Upper Chapman-street—there were a great many people round the door—I went into the house—I found the prisoner's wife on the floor, with her face toward the ground, and bleeding profusely from her head—I went up, and found the prisoner undressed in the bed-room—I asked what lie had struck his wife with—he said he had not struck her at all; that she had come up stairs drunk, and fell down the staircase—I saw blood on the floor of the landing at the top of the stairs, and on the breast and on the wristband of the prisoner's shirt, which shirt I have now here—the blood appeared to be fresh—I took him to the station-house, and, in consequence of something his wife told me, I went back and got this poker—(producing it.)

ROBERT HORWOOD ALLEN. I am a police inspector. The prisoner was brought to the station-house—I told him to be, cautious what he told me, as I should have to state it in evidence before the Magistrate—he said his wife came home drunk about eleven o'clock; that she kicked several times' against the door, and burst it open, and in so doing she fell down stairs; that he never struck her in his life, nor raised his hand against her—I found some blood on his right hand, and on his shirt also—it seemed fresh—I went to the prisoner's house, and found a quantity of blood at the foot of the stairs, a large quantity of blood on the top of the stairs, and on three or four stairs from the top, and some blood on the last stair—I went into the prisoners room, and saw his wife—her head had been dressed—I saw some blood about that—she was sober—it is impossible that a person standing by the prisoner's door, and fulling, could have cut their head by the fall, for it is three feet from the stairs to the prisoner's door, and the passage is two feet and a half wide—the clotted blood was within two feet of the door, so that it appeared to me that was just where his wife had been standing—if she had fallen from the door, about her middle would have come against the edge of the stairs,

and the blood would have been on the centre of the stairs, or at the bottom—I measured the pool of blood on the landing, it was about twelve inches each way, and that at the bottom was about the same size.

MARK BROWN GARRETT. I am a surgeon. I was called in—I found the prisoner's wife at the bottom of the stairs, with her head towards the back-door, and her legs bent towards her head—many parts of her person were covered with blood, more especially her head and face—she appeared insensible—I had her removed into the adjoining room, and found on the left side of her head, a wound from an inch and a half to two inches long, and about half an inch deep, taking a perpendicular direction—I dressed the wound, and had her removed up stairs to bed—there was a bruise on her left arm—the wound on her head had been occasioned, certainly, by some instrument, and my impression is that it had been received on the landing before she fell down stairs—I do not see that the straggle in falling down stairs would increase the quantity of blood—it might probably increase rather than decrease it.

(The prisoner, in a long address, stated, that the prosecutrix was constantly in the habit of abusing and irritating him; that she came home drunk with her head cut on the night in question, and pulled him out of bed, saying she would be revenged on him, and then fell down stairs.)

NOT GUILTY.

Fifth Jury, before Mr. Sergeant Arabin.

Reference Number: t18400615-1689

1689. JOHN FOXCROFT and DAVID JORDAN were indicted for stealing, on the 25th of May, 1 handkerchief, value 2d., the goods of William Ireland, from his person.

WILLIAM CLAY (police-constable K278.) On the 25th of May, about ten o'clock at night, I was on duty in St. James's-street, in plain clothes—I saw the two prisoners and another person with them—they tried several gentlemen's pockets—I then saw Foxcroft put his right hand into Mr. Ireland's pocket, and take this handkerchief out—(producing it)—I seized him, touched the prosecutor on the shoulder, and asked if he had lost any thing—Jordan was close by Foxcroft, and covering him.

Cross-examined by MR. PRENDERGAST. Q. Was Jordan walking with him in company? A. Yes—Kemp took Jordan—I found two handkerchiefs on Foxcroft—one was a white one that he could not give an account of, also the duplicate of two other handkerchiefs pawned on the same day.

Cross-examined by MR. PAYNE. Q. How long is it since you took a gentleman for stealing his own property, and was fined 10s.? A. I stopped a gentleman in the street with a paper parcel, and asked what he had got—I went with him to his own door—I did not take him to the stationhouse—I was fined 2l.—they said I exceeded my duty—I took a gentleman on suspicion of picking pockets, at Covent-garden theatre—the case was heard, and they said it was doubtful, but in consequence of his father's respectability they gave him the benefit of it—these prisoners were taken on the night of the illumination—there were a great many persons there.

GEORGE KEMP (police-constable N82.) I was there in plain clothes—I saw the two prisoners in company with another—I saw Foxcroft trying several pockets—I distinctly saw his hand in one man's pocket—I saw him take the handkerchief from the prosecutor's pocket—Clay took him, and took the handkerchief from him—Jordan was alongside of him, and he had been trying several pockets.

Cross-examined by MR. PRENDERGAST. Q. Do you swear that you saw Jordan try any pockets? A. Yes, he lifted them, and felt them—I suffered this to go on for about a hundred yards—I had not seen either of the prisoners before.

Cross-examined by MR. PAYNE. Q. Why did you not take them away when they were trying pockets? A. I wanted to see them go on and do something—the Magistrates like to have the case clear—I have had persons committed for lifting up the tail of a coat—I do not know that I have taken up wrong persons, who have been discharged after I have sworn to them.

WILLIAM IRELAND. I was passing through St, James's-street on this night—I was asked by the policeman if this was my handkerchief—I said I thought it was—I cannot swear to this—I had one like it in my pocket, and I lost it out of my pocket—the prisoners were near me at the time the officer spoke to me—I think this is my handkerchief.

Cross-examined by MR. PRENDERGAST. Q. Do you think that it may not be another handkerchief, and not yours? A. I had one very much like it—I cannot tell whether it had all these holes in it—there might have been—I cannot say that this is worth picking up.

(The prisoners received a good character.)

FOXCROFT— GUILTY.Aged 17.—Recommended to mercy by the Jury .— Confined Three Months .

JORDAN— NOT GUILTY.

Reference Number: t18400615-1640

1640. JOHN BARTHOLOMEW was indicted for embezzlement.

JOHN JONES. I am a woollen-draper. The prisoner was my clerk, he took care of the petty cash and the little money matters in the course of the week, and had little bills to settle—he always brought me a little balance sheet on Saturday night with an account of the money he paid and received, and paid the balance over to me.

JOHN GOODFELLOW. I am clerk to Mr. Gabriel, of Regent-street. On the 25th of April, I paid the prisoner 1l. 2s. on account of my master—he could not give me change, and let it stand over till next settlement—the debt was 1l. 1s. 10d.—on the 2nd of May I paid him 7s. Sd., deducting the 2d., which be owed me on the preceding week—I paid him the farther tarn of 4l. 16s. 6d. on the 9th of May, on account of his master.

Cross-examined by MR. PRENDERGAST. Q. Where did you pay it him? A. In the counting-house—we are woollen-drapers—there are weekly cross accounts between us—these were payments for goods we had of them—I think they had bought nothing of us at this time.

THOMAS JONES re-examined. The prisoner never accounted to me for 1l. 2s. on the 25th of April, nor for 7s. 8d., nor for 4l. 16s. 6d.

Cross-examined. Q. Let me see the balance-sheet? A. Here it is, and the cash-book, which is for money paid on account—these sums are not in the cash-book—I have not received a penny of these, neither has my partner—he is not here—the prisoner might have paid me money at other times besides Saturday—I am certain he has not paid this money—I always enter the money he pays me—he might have paid me money at the time he received it, but there is an entry made of it—this charge was made about the 27th of May—I was out of town at that time—if he had paid my partner it would have been entered.

JOHN GRAY (police-sergeant C14.) I took the prisoner about eleven o'clock in the morning of the 25th of May—I found a purse on him, con

taining three sovereigns and five bills—I found a new ink-stand, a new dressing-case, and a writing-desk at his lodgings—I came to him at the station-house, and said, "Where did you buy these things? "—he said, "Last Saturday, in the Quadrant, and gave 1s. 6d. for the ink-stand."

Cross-examined. Q. You took possession of them? A. Yes—I did not take his clothes—I took them at first, by desire of the landlord, and then gave the landlord the key—Mr. Bidgood, the other partner, gave charge of the prisoner.

(The prisoner received a good character.)

GUILTY.Aged 20.—Recommended to mercy by the Jury.

Confined Three Months

Reference Number: t18400615-1641

1641. ANN KENT and MARY FRANCIS were indicted for stealing, on the 29th of May, 1 pair of gloves, value 2s., the goods of Henry Wingrove and another; and that Kent had been before convicted of felony.

CHARLES MANSELL. I serve in the shop of Henry Wingrove, and another, linen-drapers, at Hammersmith. On the 29th of May, the prisoners came in company for some calico—the foreman served them—I was present, and watched them—they bought the calico—I saw Kent take the gloves off the counter—Francis stood close by the side of her—Kent put the gloves into her bosom, and then they both walked away—I had been serving Francis with some hooks and eyes—they were followed and taken—these are the gloves—(looking at them)—I saw Kent showing Francis the gloves outside the door, and she wrapped them up in her own parcel, and gave them to Francis.

THOMAS BUCK (police-constable T32.) I took the prisoners, and found the gloves in Francis's bosom.

Kent's Defence. I had left a parcel on the counter; I was going back, and gave my parcel to Francis to hold, and then they took me.

JOHN JONES (police-constable F31.) I produce a certificate of Kent's former conviction, which I got from the clerk of the Peace Office for Westminster—I was in the Court—the prisoner is the person—(read)—she has been three times convicted before, and three times since—she was only out of prison six days before she did this.

KENT— GUILTY.Aged 16.— Transported for Fourteen Years

FRANCIS— NOT GUILTY.

Reference Number: t18400615-1642

1642. ALFRED WOODHAM was indicted for stealing, on the 4th of June, 1 necklace, value 10s.; the goods of William Cox, from the person of Nancy Cox.

WILLIAM THOROGOOD. I am a carman. On the 4th of June I was in Carlile-street, Soho, just before dinner—I saw Mrs. Cox walking, with a child in her arms—the prisoner had got his hand on the child's right shoulder—I saw him bring the beads away in his right hand—I hallooed to the woman, "That man has got your child's beads"—he ran off—I got down to the house just as the policeman took him—I am sure he is the same person.

ELIZABETH REEVES. I live in Meard's-court. I went out to empty some water, and saw the beads in our area.

CAROLINE COX. I am the wife of William Cox. I was carrying my daughter Nancy—a necklace was taken from her neck, in Carlile-street—I saw the prisoner run off—the necklace was found in the evening by Reeves—this is it—(looking at it.)

WILLIAM ROGERS (police-constable E64.) This necklace was brought to the station by Reeves, on the evening of the 4th of June.

Prisoner's Defence. I was walking down Wardour-street, and heard the cry of "Stop thief"—I turned, and saw this carman running, and a man running before me—he ran round Meard's court—I ran to try if I could see him, and he got over a wall.

GUILTY.Aged 24.— Confined Three Months

Reference Number: t18400615-1643

1643. JAMES WILLIAMS and OWEN DALEY were indicted for stealing, on the 1st of June, 2 handkerchiefs, value 11s., the goods of Henry Verey; to which

WILLIAMSpleaded GUILTY.Aged 19.— Transported for Seven Years

JOSEPH JAMES HEATH. I am a house decorator, and live at Bayswater. On the 1st of June, between seven and eight o'clock, I saw the prisoners in Oxford-street, with two others—I knew, and watched them—I saw them go to Mr. Robertson's shop, and pass it—they went on, and then the prisoners went to the prosecutor's shop—I saw Williams take something from the door, and put it inside his coat—he walked round to Oxford-market, followed by Daley—Williams got into the market, and began dancing-Daley said, "They are after you"—I let them go on to the corner of Market-street, and there I saw a policeman—I said to him, "I want these four for a robbery"—I took Williams, and said, " What have you go there? "—he said, "Nothing"—I took these handkerchiefs from him—the officer took Daley—the other got away.

THOMAS WALLIS. I am a policeman. Heath called me—I saw him like these handkerchiefs from Williams.

FREDERICK STAMMERS. I am in the employ of Henry Verey, a haberdasher, in Oxford-street. These two handkerchiefs are his, and were taken from the window near the door.

Daley's Defence. I met Williams and two others—I asked them to direct me to Crawford-street—they said they were going—I went with them, and then they went round to Oxford-market—we came to the corner of the street—they said they were not going any farther, and they were directing me, when the officer and Heath took us—I had nothing to do with the robbery.

DALEY*— GUILTY.Aged 19.— Transported for Seven Years

Reference Number: t18400615-1644

1644. ABRAHAM BARRETT was indicted for stealing, on the 15th of June, 1 reticule, value 2s. 6d.; 1 handkerchief, value 1s. 6d; 1 pair of scissors, value 1s.; and 1 pair of gloves, value 6d.; the goods of John Jarvis, from the person of Susannah Jarvis.

SUSANNAH JARVIS. I am the wife of John Jarvis, a fur-cutter. On the 15th of June I was in St Paul's Churchyard—I had a reticule containing the articles stated—I felt a tug at my arm, and found my reticule was cut off—I saw the prisoner going across with it in his hand—I cried out, "Thief"—a waterman ran after him, and the policeman stopped him—this is my reticule, and its contents—(looking at it.)

THOMAS WEST. I am a waterman at the stand on the north side of St. Paul's Church-yard. The prisoner dropped this bag on my shoes—the prosecutrix screamed out—I pursued with the bag on my hand—the prisoner ran and was caught by a policeman.

EDWARD WICKENDEN. I picked up these scissors—I saw the prisoner drop them—he tried to throw them down an area.

JAMES WILLIAM NEWMAN (City police-constable, No, 217.) I ran and caught the prisoner at the bottom of Addle-hill.

GUILTY.Aged 16 Years.— Transported for Ten Years—Ship

(There was another indictment against the prisoner.)

Reference Number: t18400615-1645

1645. EDWARD WHITE was indicted for stealing, on the 25th of May, 1 ½ lb. of bacon, value 1s., the goods of Whittaker Nutter.

JAMES REYNOLDS. I am shopman to Mr. Whittaker Nutter, a cheesemonger in Whitechapel. On the 25th of May I saw the prisoner and another lad come to the window and take this bacon—the prisoner ran away—he fell down and dropped it—it was my master's.

Prisoner. I did not take it—it was another boy.

GUILTY.Aged 13.— Whipped, and discharged

Reference Number: t18400615-1646

1646. JOHN HINGE was indicted for stealing, on the 25th of May, 2 handkerchiefs, value 3s., the goods of William Charlton, from his person.

WILLIAM CHARLTON. On the 25th of May, I was in St. James's-park—there was a great crowd there—I had two handkerchiefs in my pocket—I felt a pull, turned, and saw my handkerchief in the prisoner's possession—the policeman had hold of him and pulled it out—these are the two handkerchiefs—I am not sure that they were both in one pocket—I lost them both.

GEORGE KEMP. I am a police-constable. I was in the Park in plain clothes—I saw the prisoner take one handkerchief from the prosecutor's pocket—a gentleman took it out of his hand and gave it me—I saw him take this other handkerchief from his breast—he was going to chuck it away—I took it from him.

GUILTY.Aged 17.— Confined Three Months

Reference Number: t18400615-1647

1647. SARAH YOUNG was indicted for stealing, on the 28th of May, 13 napkins, value 4s. 6d., and 1 towel, value 6d., the goods of Thomas Elton.

MARY ANN ELTON. I live in Oxford-street—my husband's name is Thomas, he keeps a beer-shop—these things were wet in a tub in the front area on the 28th of May—I missed them a little after nine o'clock in the morning—these are them—(looking at them.)

MARTHA LEGGATT. I buy and sell wearing apparel. The prisoner came to my house that morning about ten o'clock, and offered me these for sale—I gave her sixpence for them—as soon as she passed my door I thought it was not right, when I came to look at them—I had her brought back and gave her in charge.

Prisoner's Defence. I saw them lying and picked them up.

GUILTY**Aged 64.— Confined Twelve Months

OLD COURT.—Friday, June18th.

Fourth Jury, before Mr, Common Segeant.

Reference Number: t18400615-1648

1648. THOMAS LOVETT and GEORGE WILSON were indicted for stealing, on the 1st of June, 4 weights, value 4s., the goods of Abraham Banks.

ABRAHAM BANKS. I am a surgeon, and live in New Church-street,

Portman-market—I missed four brass weights, but not before they were (bond, which was on the 1st of June—these are mine—(looking at them.)

ANDREW WYNESS (police-constable T43.) I was on duty in Portlandplace, about half-past nine o'clock, on the 1st of June—I observed the two prisoners loitering about—I followed them down Devonshire-street, along several streets—they went into several shops in Church-street, and near Mr. Banks's, I missed Wilson, and saw the other standing outside a shop—in two or three minutes Wilson came out of the shop, and both ran away—I saw something in Wilson's hand two or three different times—I went up to him and found these weights on him.

LOVETT* GUILTY.Aged 15.

WILSON* GUILTY.Aged 15.

✗ Transported for Seven Years—Ship.

Reference Number: t18400615-1649

1649. ANN WALSH was indicted for stealing, on the 29th of May, 1 spoon, value 2s. 6d., the goods of Everard William Bouverie, Esq.

JOHN DOLPHIN BONIFACE. I am footman to Colonel Everard William Bouverie, of Grafton-street I know the prisoner—on the 29th of May, she came with a person to take away the bog-wash—in consequence of information I missed a spoon—this is it—(looking at it)—it is Colonel Bouverie's—it was left in the scullery, in a milk-bason.

Prisoner. Q. Did you tee me in the house the day you lost the spoon? A. I did not.

HARRIET TOLLIST. I live in Colonel Bouverie's house. On the 28th of May, I saw the prisoner there—the ipoon was missed next morning—the came into the scullery.

Prisoner. Q. Did you not accompany me from the door to the scullery, and stand by while I was taking the wash? A. No—I gave yon 1s. the same morning, and shut the door after you.

THOMAS BORDERS. I am a pawnbroker, at Westminster. The prisoner offered this spoon to pledge on the 28th—I gave it to the policeman.

Prisoner. Q. Did you not say before the Magistrate that it was a woman who was with me? A. No—I swear it was you.

JOHN FREDERICK BOHN. I am a policeman. I received the spoon from Borders.

(The prisoner put in a written defence, stating that the had found the spoon in the street.)

(The prisoner received a good character.)

GUILTY.Aged 67.— Confined Six Months

Reference Number: t18400615-1650

1650. ANN BRYANT was indicted for stealing, on the 8th of May, 1 gown, value 2s.; 1 pair of stays, valued 3s.; 2 shawls, value 2s.; 1 bedgown, value 1s.; 1 towel, value 1s.; and 8 aprons, value 1s.; the goods of Elizabeth Stockley.

ELIZABETH STOCKLEY. About three weeks ago I lodged with the prisoner in Bedfordbury—on the night of the 8th of May she did not return borne, I examined my boxes, and missed the articles stated in the indictment—some of them are here—(looking at them)—here are four aprons of mine.

Prisoner. Q. Did you miss the things while I was there? A. No, the next day.

ROBERT WHINTON. I am a pawnbroker, and live in Prince's-street. These four aprons were pawned by the prisoner on the 12th of May.

Prisoner's Defence. I am not guilty of it—she is a very low character.

GUILTY.Aged 31.— Confined Six Months

Reference Number: t18400615-1651

1651. PATRICK RYAN was indicted for stealing, on the 5th of June, 3 hats, value 2s., the goods of Robert Ashton, in a certain vessel, in a certain port of entry and discharge.

ROBERT ASHTON. I am a sail-maker, on board a vessel, lying at St. Katharine's Dock. I missed three hats, which I saw safe the morning before, the 5th of June, on deck—I do not know the prisoner—these are my hats—I know them by this mark on them.

Cross-examined by MR. PAYNE. Q. When did you say you saw them safe in your ship? A. On the afternoon of the 4th, about six o'clock, they were made fast to my trunk with a small rope—I missed five, these are three of them.

BENJAMIN FAIRFAX. I am a watchman of St. Katharine's Dock. About nine o'clock, on the morning of the 6th of June, I was at the wood yard, and met the prisoner—he appeared to have something concealed under his coat—I unbuttoned his coat, and found these three hats secured under it—he said a sailor gave them to him—I went with him round the wood yard—he could not find the sailor.

JURY. Q. Was the prisoner acquainted with the regulations of the dock? A. I never saw him in the dock before—I think be might not know the rule whether he could bring them out openly—he had no business in the dock at all.

NOT GUILTY.

NEW COURT.—Friday, June19th, 1840.

Fifth Jury, before Mr. Sergeant Arabin.

Reference Number: t18400615-1652

1652. JAMES FINCH was indicted for burglariously breaking and entering the dwelling-house of James Coombs, about the hour of three in the night of the 11th of June, at St. John the Evangelist, Westminster, with intent the goods, &c., therein being, feloniously and burglariously to steal.

JAMES COOMBES. I live at Regent-place, Horseferry-road, in the parish of St. John the Evangelist; I am a housekeeper. On the 11th of June, about three o'clock in the night, my back parlour window was broken, and the sash thrown up—any person could have entered there—I bad fastened that window at eleven o'clock, the night before—there was nothing removed in my house.

JAMES WALKER. I am a lamp-lighter. On the morning in question I was getting over the wall, and saw the prisoner in the prosecutor's garden—it was about twenty minutes to four o'clock—there were two others with him—they all ran away then, but the prisoner was taken afterwards—I am sure he is the boy.

Prisoner. I can be on my oath I have not been in Regent-street these four weeks. Witness. I am sure he is the boy.

THOMAS DILLON (police-constable B82.) I saw the prisoner and another walking in Regent-street, about twenty minutes before four o'clock that morning—I knew them, and they ran away.

JAMES SKELTON (police-constable B94.) I took the prisoner into cus

tody—he denied all knowledge of it, and said he was in bed all night, but after that he contradicted it.

Prisoner's Defence. I sweep the crossing at tire Parliament House, and some gentlemen here know me, and give me pence—I was at the crossing that night, and the house did not break up till three o'clock.

GUILTY.**Aged 16.— Transported for Ten Years

Before Mr. Justice Littledale.

Reference Number: t18400615-1653

1653. JOHN BOLT was indicted for breaking and entering the dwelling-house of Philip Samuel Everett, on the 23rd of May, at St. Matthew, Bethnal-green, and stealing therein 6 shillings, 1 sixpence, and 1 groat, his monies.

SARAH HANNAH EVERETT. I am the wife of Philip Samuel Everett—we live in Elizabeth-street, Hackney-road, in the parish of St. Matthew, Bethnal-green—we keep a chandler's shop, and rent the house—the shop communicates with the rest of the house, without going into the open air. On Saturday, the 23rd of May, about half-past one o'clock, I left my shop, latched the door, and went into the kitchen for a minute or two—I looked towards the doors when I had been in the kitchen two or three minutes, and saw that the shop door was open—I went into the shop immediately—I am sure I had latched the door—I saw the prisoner at the end of the shop, coming from behind the counter—he was not in the shop when I went into the kitchen—I had left no one in the shop—I asked him what business he had behind my counter—he said a little boy threw his cap into the shop, and he went round to pick it up—I took hold of him—I called my son-in-law, who was just outside the door—he searched him, and found 6s., and one sixpence, and a fourpenny piece on him—he did not say any thing It that time, but a few minutes after, when the policeman came, he said he had picked it up on the floor—I dare say we said to him it would be better to confess what be had done, but I was too much flurried at the time to know—we all wished him to tell the truth, but I made him no promises or threats—we keep the money which we take in a wooden bowl in the till—about one o'clock, there was about 6s. 10d. in silver in the bowl—after the prisoner had been searched, I looked in the bowl and found it empty—there was no mark on the money—there was a sixpence, and a 4d. piece in it, and 6s.

THOMAS CHARLES EVERETT. I am the prosecutor's son. I do not assist in the shop—on the 23rd of May, about half-past one o'clock, I was called into the shop by my mother-in-law—she had hold of the prisoner, who was at the end of the counter—she desired me to search him, because he had been robbing the shop—I put my hand into his left hand trowsers pocket, and found 6s., one sixpence, and one fourpenny piece—I made him no promise or threat—I asked him how he came by that money in his pocket—he said, another boy threw his cap behind the counter, and he picked the money off the floor, behind the counter—I immediately put the money on the counter and went after a policeman—I left the prisoner in charge with my mother till the policeman came, and he was given in custody—the policeman took the money off the counter—there is no mark on it, but it is the same amount as I took from the prisoner.

JAMES LEADER (police-constable, N284.) On the 23rd of May, I was called to the prosecutor's shop, about two o'clock the prisoner was given into my custody by Everett for robbing the till—he heard that

reason given—I made him no promise or threat—I asked how he came to do it—he said a boy threw his cap into the shop, that he went after it, and he picked up the money on the floor—I took him to the station-house—I saw the money in a bowl on the counter—I took possession of it—this is it—there are 6s., one sixpence, and one fourpenny piece.

GUILTY.† Aged 12.—Recommended to mercy by the Prosecutor.

Transported for Seven Years—Convict Ship

Reference Number: t18400615-1654

1654. RICHARD EVERDEN was indicted that he, on the 4th of June, at St. Paul, Shad well, in and upon Matilda Everden, unlawfully, maliciously, and feloniously did make an assault, and unlawfully, &c, did cut and wound her in and upon the right eye-brow, with intent to maim and disable her. 2nd COUNT, —stating his intent to be to do her some grievous bodily harm.

MATILDA EVERDEN. I am the prisoner's wife—I have been married five years—we live in Elbow-lane, Shadwell—he is a shoemaker—last Saturday evening, after the house was shut up, I had a quarrel with him about a young woman at Bow—I had a child in my arms—he hit me with his fist in my left eye—it was not swollen or black—I began to cry—he thought I was going to return it, and he took this knife (looking at it) off the table, and struck me in the right eye-brow with it directly, with the blade of it—he had not the knife in his hand many minutes—he had not got it in his hand when we began to quarrel—he took the child out of my arms—I called out "Murder" when I was struck, and a young woman named Mary came into the room—I went out of the house and called for a policeman.

Prisoner. Before I was going to bed, you gave me a ring to put in the drawer, with a blue stone in it. Witness. No, I had them all in my hand—I gave him a silver ring—he said he wanted it for himself—I took it off my finger.

Prisoner. Q. Did you not pull me off the bed? A. No—it was not alongside the bed—I did not tear your trowsers—when the policeman came in, he said, "What is the matter? "—you said, "I have struck my wife"—the policeman said, "Will you give him in charge? "—I said, "Yes, because he has struck me in the eye with his fist"—I said, "You vagabond, have you not got a girl at Bow? " and you said, "By my—it is false"—you asked me who told me, and I said, "A young man"—you said, "What is the young man's name? "—I said I could not tell you, because I did not know him—I did not say, "Now I will have it out of you"—I did not strike you, nor raise my hand to strike you, no further than putting my hand to my eye.

MARY ANN THOMPSON. I lodge in the house—the prisoner is the landlord—last Saturday evening I had just got into my bed, and heard Mrs. Everden scream out—I went down into the room where they were—Mrs. Everden was bleeding very much from the eye-brow—I saw her eyebrow was cut.

WILLIAM LEA (police-constable K268.) Last Sunday morning, between two and three o'clock, I heard some one call "Murder" and "Police" at the prisoner's house—I went and saw Mrs. Everden outside the door, bleeding very much from a wound over her eye—the prisoner was standing at the door—I asked Mrs. Everden what was the matter—she said, "I have been having some words with my husband, he has struck me

several times with his fist, and then he took something off the table, and struck me over the eye—he has ill-used me so many times I can't look, over it any more. I will give him in charge"—the prisoner said, "I will see him b——first, " and went to slam the door in my face, but I prevented him from closing it by putting my knee against it—I then went into the house and told him he must go to the station-house with me, he refused—I was obliged to take him out by violence—he said he did not do it with a knife, he did it with his fist—I asked the prosecutrix in the prisoner's presence if he had done it with a knife, she said "No" at that time—she gave me a knife afterwards—I examined it—I saw no mark whatever on it.

Prisoner. I said, "It is nothing to do with you, it is between man and wife—she struck me, and I struck her again." Witness. You said it was between man and wife, and that you had struck her, but not that she struck you—you said, "Let her take a warrant out against me"—you ssked her to forgive you—she said she would not.

THOMAS DOWDEN ROWS. I am assistant to Mr. Crowcher, a chemist, in High-street, Shadwell. I saw Mrs. Everden last Sunday morning—I saw a wound over her right eye—in my judgment it had been occasioned by a sharp instrument or some hard substance—the eye appeared to have received a blow—it was closed—it did not appear to me that the wound bad been made by the hand—it was about three-quarters of an inch long—it was a slight wound—I have not dressed it since that time—it was not necessary.

Prisoner's Defence. I did not strike her with a knife, but with my fist; this ring was on my finger when I struck her; I did not have a knife; we had some beef-steaks for supper; I cooked them, and happened to put too; much pepper; she said it burnt her tongue, and would not have any; I said I would not; and she began to call me bad names, and said I had a girl at Bow; I said, "I have not; " I was going to bed, and she pulled me off the bed, said she would have her revenge, and threw the child on the bed; I struck her, then she went out and the policeman came in; she laid I had struck her with my fist; she said nothing about a knife; and she said so at the station-house; she was given to bad company; the was out all Saturday night till after 12 o'clock; she was very much intoxicated, and would not come to bed.

(The prisoner received a good character.)

GUILTYof an Assault only. Aged 23.— Confined Twelve Months

Reference Number: t18400615-1665

1665. JOHN WILLIAM GERMAIN was indicted for stealing, on the 23rd of July, 1838, one Bank-note for the payment and of the value of 50l., the property of Charles Parr Montague, in his dwelling-house.

MR. ROBERTS conducted the Prosecution.

CHARLES PARR MONTAGUE. I am a barrister. In July, 1838, I occupied chambers in Parliament-street, in the parish of St. James, Westminster—I had lived there three or four months—the prisoner was employed to take care of the various chambers—I paid him 5s. a week—in the course of that month I gave a cheque for 170l. to Mr. Saffrey to go and get charge for me—in the course of the day I received the change from Mr. Saffrey—there were two 50l. notes—I cannot remember the rest—I do not remember the number of either of them—I paid a bill of exchange with one of them—the other note I deposited in my iron

chest which I had in my chambers—I locked it, and put the key in a secretary—the prisoner was in the room at the time—I do not know whether he saw me put the note into the iron safe—I do not know whether I took the key of the secretary out after I had locked it—I went to the Opera, and returned about eleven o'clock—I went to the secretary, but the key was not there, I could not find it any where and have not found it since—two or three days after I caused the secretary to be broken open—I found the key of the iron chest there—I went to the chest immediately, and missed the 50l. note—I then told the prisoner I had missed a note—I did not accuse him of taking it, because I did not think myself justified in doing so—he said he was very sorry that it had occurred, and was very much astonished and hurt about it—I did not hear any thing more about it till a month or six weeks ago, when the note was shown to me by inspector Busain, and he also brought a small key with him—the moment I saw it I said it was my key, but I cannot swear to it,—it is not a common sort of key—I have not the same secretary now—I disposed of it six months ago.

Cross-examined by MR. BALLANTINE. Q. From the recollection yon have of the key you lost two years ago, can you say that this is the same sized key? A. Yes—I cannot say positively—it is not like the common keys—the common keys have three wards—there is an outer door to the street, and an outer door to my chambers—the prisoner had one key to go in, and he remained a fortnight or three weeks after this.

MR. ROBERTS. Q. What floor were your chambers on? A. At the top of the house—there is a door to the staircase in the street, and I had a double door up above, but I was not in the habit of locking the inner door—the outer door is a very strong thick door—no other persons besides the prisoner had access to my chambers, to my knowledge—I kept one key, and he kept the other.

COURT. Q. Had each of you a key both to the outer-door of the chambers and to the street? A. I had a key to the street-door—I do not know whether he had a key to the outer door—he lived in the house—I had not given the key of the outside door to any other person but him that day—I locked my chambers previously to my going out, unless the porter happened to be in the room, and then I gave him directions to do so—the landlord is named Brown—I do not know his Christian name—I slept at my chambers—I do not know whether Brown occupies chambers in the house—I do not think he sleeps in the house himself—I do not know.

MR. BALLANTINE. Q. Were either of the notes in such a condition as this is now? A. No, they were perfectly new.

JOHN BUSAIN (police-inspector Vdivision.) On the 18th of May, about one o'clock in the morning, I apprehended the prisoner at a public-house, and found on his person a 50l. Bank of England note, (producing it) it is No. 73764, dated 9th January, 1838—I found divers other articles, four duplicates, and some keys on him—I showed the keys to Mr. Montague—I gave the whole bunch to him—I found some letters and other things on the prisoner, and when he was in custody at the station-house he asked me to let him have pen, ink, and paper—that was about a quarter past two o'clock the same morning—I gave them to him, and told him what he wrote he might depend on it would not go out of my hand, till I had read it—I did not ask him to write any thing, it was entirely voluntary on his part—I told him he was not obliged to write or say any thing, because it

might come against him at a future day—he wrote this note, addressed to C. P. Montague, Esq.—I was sitting at the same table, and saw him write it—(read.)—"To C. P. Montague, Esq., May, 1840.—Sir, No doubt you will feel surprised, after the lapse of time, to find your note is forthcoming, and I assure you that it came from the Hyde Park-fair occasion; although you did not think that the party concerned. I hope you will act leniently.—I am, &c. JOHN WILLIAM CERMAIN."

Cross-examined. Q. Was the prisoner drunk or sober? A. He had been drinking—he was drunk when I saw him first, but not so much as he pretended to be—there was a great deal of cunning in him—when he was undressing to go to bed, be took particular care that I should not see him take off his trowsers, and he took especial care to put his shirt down into bit drawers in such a way as should prevent any thing in his drawers from being seen, and there I found some tablecloths.

JOHN SAFFREY. In July, 1838, I was clerk at the Bankruptcy Court. I remember, in the course of the month, Mr. Montague giving me a cheque to be cashed—I took it to the London Joint Stock Bank, in Princes-street—I do not recollect, at this time, what I received, but I believe they were chiefly large notes—I do not remember the description of any notes that I bad—I handed them to Mr. Montague the same day—I am quite sure that I gave him the notes—I have no recollection of whom I received them.

AUGUSTUS JACKSON WHITE. I am cashier at the London Joint Stock Bank, in Princes-street—I was so in July 1838—I find, by my cashbook, that I cashed a cheque for 170l., on the 19th of July, 1838.

Cross-examined. Q. Have you the slightest recollection of the numbers of the notes but from this book? A. No, it would be impossible—I have no other, recollection of that transaction, without this book, but by looking at it—I am sure I paid away certain notes—I feel confident the books are correct.

COURT. Q. Does seeing that entry bring to your mind any recollection of the circumstance? A. It does not—I am sure the entry is perfectly correct.

MR. ROBERTS. Q. Is this book kept in the common course of your business? A. Yes, and the numbers of the notes is put down immediately they are paid away, before they are handed over to the parties—referring to the 19th of July I see the entry, a cheque of 170l. of Charles Parr Montague was presented in the usual way to me, and I paid the following two 50l. notes, Nos, 73764, and 72951—we do not take the dates of the notes—this note (looking at it) is No. 73764, for 50l. dated 9th of July, 1338.

Cross-examined. Q. Can you tell to whom you paid these notes? A. I have no recollection.

JURY. Q. Are the letters at the corner of the note entered in the book? A. No; that is never taken.

GUILTYof Larceny only. Aged 28.—Recommended to mercy by the Prosecutor.

Reference Number: t18400615-1656

1656. JOHN WILLIAM GERMAIN was againindicted for stealing, on the 17th of May, 4 tablecloths, value 1l. 2s., the goods of Jesse Clarkson.

JEESE CLARKSON. I am a hairdresser, living at Wandsworth, in Surrey. The prisoner took a lodging at my house for two nights on the 10th of May, but he slept there but one night—he and I went out after

dinner on the Sunday, and returned in the evening—he did not sleep there that night—on the Monday morning, between five and six o'clock, the policeman called on me, I went with him to the station-house, and saw the prisoner there, and these four tablecloths—the inspector had possession of them—they are mine, and had been kept in a drawer in the front-room on the first floor, where the prisoner slept on the Saturday night—I saw the inspector unlock that drawer with a key from the bunch which he had—the tablecloths are worth 22s.—I know them by the marks on them—(examining them.)

JOHN BUSAIN. I am a police-inspector. About one o'clock on Monday morning, the 18th of May, I was going my round, and was called by Stephen Keen, the landlord of the Prince's Head public-house, Battersea—I found the prisoner there—he was not sober—he was partly undressed—he had his coat off—I was called in in consequence of his refusing to go to bed—he said he would neither leave the house nor go to bed—he had taken a lodging there—the landlord was afraid to go to bed, and to leave him rambling about the house—after I got him up stairs, circumstances arose which excited my suspicion, and I searched him—I found on him this purse with four duplicates and the 50l. note, and three other purses; one was empty, one with eleven duplicates in it, one with a seven-shilling piece and half-a-crown in it, and 6s. in silver loose in his pocket, and 1s. 6d. in copper in the same pocket—I found two pencil-cases, a penknife, a pair of tweezers, a split ring on which was appended a small gold seal with a cornelian stone and two metal keys—I also found a bunch of keys, a common metal seal, two old foreign coins, a woman's pocket, and, in his hat, a new stock of figured silk, a pair of slippers, a pair of gloves, two odd stockings, and a neck-handkerchief with two stiffeners in it—in lifting his coat off the ground I found this tablecloth (producing it) folded along underneath between the coat and the floor—I asked whose cloth it was—he said it was his wife's—I asked what mark was on it—he said he did not know, be thought it was the mark of some of his wife's friends, and he had brought it away from home unknown to her—I sent him to the station-house—at the station-house I searched him further—I found, concealed between his drawers and his skin, inside the right thigh, two tablecloths, and one in the inner part of his left thigh—I told him I should detain him on my own responsibility till I made inquiries—he then asked for pen, ink, and paper—I cautioned him that he must be very careful, he was not compelled to write any thing, nor to say any thing; if he chose to make a voluntary statement I should assuredly make use of it—I said I had no doubt, without assistance from him, I could find out who these things belonged to—he then, in my presence, wrote this letter, addressed to Mr. Clarkson, Wandsworth—I called on Mr. Clarkson about half-past five o'clock—he came with me to the station-house, and identified these tablecloths, and recognised the prisoner as having slept there on the Saturday night—the prisoner was present when he did that, and shook hands with Mr. Clarkson—I afterwards took the bunch of keys I found, and among the rest I found one which locked and unlocked the drawer in which Mr. Clarkson stated these tablecloths had been put, in his bed-room—Mr. Clarkson was by when I tried it, I showed the note to Mr. Clarkson.

(Letter read)—"To Mr. Clarkson, Wandsworth. My dear Sir, You will, no doubt, feel shocked to find I have been your enemy instead of your friend, when you see this letter, and will be surprised to think that I

am at this present time under the protection of the police at Wandsworth. Sir, forgive your deceitful friend. You little thought that when we were together this day that I had your property concealed about me; but never mind, I will return it to you two-fold when I go abroad. My respects to the cook. Farewell."

MR. CLARKSON re-examined. These are my tablecloths—I know them by certain marks—they were in the drawer of the room where the prisoner slept.

GUILTY.Aged 28.—Recommended to mercy by the Prosecutor.— Transported for Seven Years

Sixth Jury, before Mr. Sergeant Arabin.

Reference Number: t18400615-1657

1657. JOHN DOUDGE was indicted for stealing, on the 29th of May, 1 portfolio, value 5s., and 32 prints, value 4l. 15s., the goods of William Bauley.

CHRISTOPHERCAPON.I am a hotpresser. On Friday, the 29th of May, the prisoner came to the back entrance of, my employer, in High Holborn—I was standing at the door, and asked what he wanted—he said, "Mr. Bauley's prints; " Frost was standing a little farther off, and said he would fetch them, which he did, and the prisoner carried them off.

JOHN FROST. I am in the employ of Mr. Woolly. On the 29th of May I was in the shop, and gave the prints to the prisoner, because I heard him ask Capon for them, as I knew he had been in Mr. Bauley's service.

WILLIAM BAULEY. The prisoner was in my service about eighteen months ago—I discharged him in January, 1839—I did not authorise him to go for this portfolio and prints—he did not bring the portfolio to me—all 1 know is, I sent it there, and it was fetched away in my name, I suspected him, and gave him into custody—this is my property.

JEREMIAH CAMPBELL. I am a pawnbroker, and live in High-street, Newington-butts—I received this portfolio in pawn of the prisoner.

(The prisoner pleaded poverty.)

GUILTY.Aged 28— Confined Three Months

Reference Number: t18400615-1658

1658. NATHAN NATHAN was indicted for stealing, on the 17th of May, 1 handkerchief, value 5s., the goods of Edward Thompson, from his person.

EDWARD THOMPSON. I am a draper. On the evening of the 17th of May I was in Bishopsgate-street Without, at a quarter or ten minutes past nine o'clock—I turned round, and saw the prisoner in the act of collecting himself—I told him he had something about him that did not belong to him—I then charged him with the theft—he said, "Oh, I saw a boy take your handkerchief, and there lies your handkerchief in the road, " pointing to it—I was going to it, and a man was going towards it—I said, "Don't touch my property, " and he said, "I have been watching the man that took your handkerchief; there it is, and the man you spoke to robbed you."

Cross-examined by MR. PAYNE. Q. Were you walking with a lady? A. Yes—I felt a tug at my pocket—I saw the prisoner turning down a street, and charged him with it—he did not come back towards the place where he pointed out the handkerchief—he was standing where I overtook him, about six paces from where it occurred—I saw something dark in the road, and ran immediately towards it—I turned immediately I felt the tug—when I turned to go to the handkerchief, the witness got to it about

a yard before me—I arrived on the spot before he left it—I do not believe I swore before the Magistrate that I met the witness—(reading his deposition) "I went back, and met the next witness, who had picked up my handkerchief, he said, 'Here is your handkerchief, and that is the man who robbed you'"—I might have met him without his moving a step—I ran after the prisoner, I did not catch him—I have no decided residence at present—I should have had if I had not been detained here.

JOSEPH HOUGHTON. I was passing, on Sunday, the 17th of May, through Aldgate, and saw the prisoner and another man taller than him feeling various people's pockets—I watched him down Houndsditch to Bishopsgate—I went on the other side, and saw him take the handkerchief out of the prosecutor's pocket—the prosecutor turned, and he threw the handkerchief down—I went towards it, and said to the prosecutor, "That is your handkerchief, and that is the man that took it"—directly the prisoner heard that he set off as hard as he could—I gave the handkerchief to the prosecutor—we ran after the prisoner—he was turning a corner, a boy took hold of his legs and threw him down.

Cross-examined. Q. What are you? A. A coachmaker, apprentice to Mr. Hill—I live at my father's, in Whitechapel-road—I gave evidence last Session—I did not say then that I was apprentice to a cabinet-maker—I have been a witness three times in criminal cases—I spoke first to the prosecutor, I believe—he might speak first to me—it was just at the time the prosecutor turned round that the prisoner dropped the handkerchief—I think the prosecutor told me not to touch the handkerchief—I told the prisoner he was a very great thief—I had seen him several times.

RICHARD EBENEZER HOWELL. I am an officer. I took the prisoner, and have the handkerchief.

GUILTY.† Aged 19.— Transported for Ten Years

Reference Number: t18400615-1659

1659. THOMAS HOLLO WAY was indicted for stealing, on the 25th of May, 331bs. weight of lead, value 4s.; 5 taps, value 2s. 6d; and four chisels, value 1s.; the goods of Thomas Collett and another, his masters.

JULIAS FLORENTINE RICHARD DE GREVEROT. I am in the service of Thomas Collett and another, who live in Ranelagh-road, Pimlico. The prisoner was formerly their stoker—when he went to dinner, on the 25th of May, I had some suspicion, I called him into the house at twelve o'clock, and found these two pieces of lead in his pocket—I know it belongs to the company.

Cross-examined by MR. BALLANTINE. Q. Who is Mr. Collett? A. He is one of the proprietors, and one of the committee—there are three members of the committee, and Mr. Collett is one.

NOT GUILTY.

Reference Number: t18400615-1660

1660. ANN KERRIDGE was indicted for stealing, on the 26th of May, 1¼ yard of silk, value 6s., the goods of David Scott; and that she had been before convicted of felony.

ELIZABETH SCOTT. I am the wife of Alexander Scott, and keep a bonnet-shop at Edmonton. This property belongs to David Scott, my husband's brother, and was trusted to me—on the 26th of May the prisoner came respecting a bonnet—this silk was in a cupboard in the shop—I did not see the prisoner there myself—I missed the silk afterwards—this is it—(looking at it.)

Cross-examined by MR. PAYNE. Q. What do you know it by? A. I

made some of it up before—I received it of David Scott's wife, to be made up into a bonnet for her—I had seen it on the evening of the 25th of May, about ten o'clock.

MARY ANN LAYTON. I am shop-woman to Mrs. Scott. The prisoner came op the 25th of May, about seven o'clock in the morning, respecting a bonnet she had left—I left the shop at the prisoner's request, to speak to Mrs. Scott—I know the silk was in the cupboard, which was not locked—I missed it afterwards.

Cross-examined. Q. How long were you gone to speak to Mrs. Scott? A. Not more than two minutes—the prisoner went away two or three minutes after I came down—she lives at Edmonton—I never was at her house.

COURT. Q. When you went away you left her in one part of the shop? A. Yes, and when I came down I found her in another.

JAMES HARRISSON (police-constable S32.) I apprehended the prisoner, and found the silk in her house, undex the cover of the table—she was living with her parents.

Cross-examined. Q. When did you first go to her house? A. On Wednesday, the 27th—it is in Meeting-house-lane, Upper Edmonton, leading out of the high road—I did not find any thing then—I found this property on the next day.

JOHN CAMP. I am an officer. I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person.

Cross-examined. Q. You have heard nothing bad of her since? A. No—her father and mother are decent people.

GUILTY.Aged 27.— Confined Six Months

Reference Number: t18400615-1661

1661. WILLIAM SEAMAN was indicted for stealing, on the 27th of May, 110 lbs. weight of iron, value 3s. 6d., the goods of John Joseph Bramah and others, his masters; and THOMAS WARREN, for feloniously receiving the same, so as aforesaid feloniously stolen; well knowing the same to have been stolen.

MR. ESPINASSE conducted the Prosecution.

EDWARD DANSON. I am foreman to Messrs. John Joseph Bramah and others, the engineers. They have the contract for supplying the iron work of the Black wall Railway—Seaman was in their employ last month—he was not authorized to take any waste iron for himself—it was to fee taken, to our own stores, at our shop in Margaret-street, Commercial road.

JOHN CANTWELL (police-constable K220.) On the 27th of May, I was on duty on the Black wall Railway, I saw Seaman there, about half-past seven o'clock, with a bag—he went from the Cannon-street bridge to the next bridge, and there he picked up the iron, and put it into the bag—it was the chippings of the bridge—he went away with them—I called the other officer, and followed him down the ladder, on to Wellbeck-street, and then to Chapman-street—I did not see him go into any house—I saw him going up Wellbeck-street, and there we apprehended "him—I went into Warren's house, which is at the corner of Chapman-street—I saw the officer, Overton, who was standing in the back kitchen—I did not go into the back kitchen—I heard some person talking there—I did not see Seaman—I then went out into the next street, the other officer came by me, and said, "They are

gone into the next street"—I followed the other officer into the next street, and saw Seaman going away with the bag at his back, and making the best of his way off—I took Seaman into custody—he did not say any thing—this is the iron—(producing the iron.)

EDWARD DANSON. This iron is the property of Messrs. Bramah and Co.

Cross-examined by MR. PRENDERGAST. Q. How do you know it? A. I know it comes from the bridge at the railway.

HENRY OVERTON (police-constable K373.) I was on duty on the 27th of May, on the Blackwall Railway—I went with Cantwell after Seaman—I followed him into Back-lane—he had a bag on his back—I saw him go into Warren's house, No. 2, Upper Chapman-street—he went in at the front door—I followed him right through the house, into the back kitchen, looked through the window, and saw Warren and Seaman in the back yard—the bag was at their feet, between them—I was not there above a moment when Warren turned round and saw me—(his back was towards me when I got to the window)—he said to Seaman, "Be off, be off; the police are after you, I will have nothing to do with you"—Warren then helped up the bag with his left hand, and beckoned to Seaman to be off with his right—I came out of the passage into Upper Chapman-street, into Wellbeck-street, and saw Seaman making off with the property—he said he was going to his master's house, in Salmon's-lane, Limehouse—I asked what he did in the marine-store shop with it—he said Warren had called him in to tell him of his mother who was come from the country—I took him to the station-house, and then went to Warren's—Warren keeps a marine-store shop.

Seaman's Defence. I went in to light my pipe—I did not stop a minute—I went in one way, and saw the gangway open, and went out the other.

SEAMAN— GUILTY.Aged 26.— Confined One Month

WARREN— NOT GUILTY.

Reference Number: t18400615-1662

1662. WILLIAM CASEY was indicted for stealing, on the 30th of May, 5 iron bars, value 7s., the goods of Matthew Wyatt.

WILLIAM BAILEY. I am labourer to Mr. Matthew Wyatt. On the 30th of May, I was at work in Victoria-square, Arabella-row—there were some iron-railings there when I went to dinner, and when I came back they were gone—I have known the prisoner eight or ten months—I went to a marine-store shop, and found him there with five iron-rails in the scale—they were weighing them for him—I told him this would not do, and then took them to Mr. Stuckey, the clerk of the works—the prisoner was a bricklayer's-labourer there—these are the rails.

Cross-examined by MR. PAYNE. Q. Were these old railings of the houses? A. Yes—they were lying about under the old buildings—there were about eight in that place—there were twenty lying about.

GEORGE——. I was at the shop when the prisoner brought in this iron, about half-past two o'clock—he put the bars into the scale, and asked if my master was at home—I said he was not—he said he wanted to sell them.

JOHN YOUDALL. I saw the prisoner take away these five iron bars from the work, about half-past two o'clock that day.

JOHN CURRY (police-constable B104.) I took the prisoner.

Cross-examined. Q. Did be say any thing? A. He requested the

clerk not to press the charge, as he only took the ban to get a drop of beer.

GUILTY.Aged 48.— Confined One Month

Reference Number: t18400615-1663

1663. WILLIAM JACOBS was indicted for stealing, on the 20th of May, 1 bag, value 6d., the goods of Frederick Peter Nicholas de Kruger, from his person.

FREDERICK PETER NICHOLAS DE KRUGER. On the 20th of May, about a quarter before nine o'clock in the evening, I was passing from Cecilstreet to Castle-street, St. Martin's-lane—I had a bag and a pocket-book in the right side pocket of my coat—two lads overtook me in Castlestreet, and spoke to me—I put my hand to my pocket, and the bag was gone—I had not felt it taken out, nor had I missed it—I went to the station-house and saw it.

THOMAS FLETCHER. I was in St. Martin's-lane. I saw the prisoner put his hand into the prosecutor's pocket, and take out something dark—it appeared like this bag—there was another person with the prisoner—they turned back—I went after the prisoner, and gave him into custody—he dropped this bag—(producing it.)

JOSEPH MANNERS (police-constable F79.) Fletcher gave charge of the prisoner and his companion—I took them both—the other broke away, and went in the direction of Charing Cross.

Prisoner's Defence. I was standing by when the officer took the other, who got away—I went with him quite quietly.

GUILTY: *Aged 22.— Transported for Ten Years.

Reference Number: t18400615-1664

1664. JAMES WOODHOUSE was indicted for stealing, on the 20th of May, 1 saw, value 5s.; 1 plane, value 3s.; l square, value 3s.; 1 bed winch, value 1s.; 1 chisel, value 1s.; 1 gouge, value 6d.; and 1 pair of callipers, value 6d.; the goods of William Bradick, his master.

WILLIAM BRADICK. I live in West-street. The prisoner was my journeyman—he had been with me a fortnight—I missed part of this property on the 20th of May, when he went to dinner—after four hours I found him in a public-house, and gave him into custody—the officer found the duplicates of some property on him, and I found some articles at another place.

Prisoner. Q. When did you lose these? A. On the Wednesday—it was the day I took you—I must have lost part of it before certainly, because a man bought part of it of you before—I had missed some things then—I suspected another person, whom I challenged with it—I swear the whole of these articles are mine—I said at Bow-street, that I was not certain whether the callipers were mine, but I consider they are.

GEORGE POND. I am a cabinet-maker. I produce a chisel, a callipers, and gouge, which I bought of the prisoner on the 13th of May, for 10d., all rusty—I cleaned, and ground them, and put them at my door—Mr. Bradick came and owned them.

Prisoner. Q. What did you give me for them? A. 10d.

THOMAS ROWLEY. I am a pawnbroker. I took in this bedwinch, tenantsaw, square, and smoothing-plane, on the 20th of May, to the best of my belief of the prisoner.

MORRIS MALOY (police-constable F62.) I was on duty in Spitalfields, and took the prisoner—I found on him four duplicates, two of them relate to these things.

Prisoner's Defence. I know nothing of the chisel, the gouge, and the

callipers—the others I pledged, but the reason was, I bad agreed to pay the prosecutor 10s. for them—I was to have paid it by instalments—I got tipsy on the Monday—on Wednesday I went to work, and asked for money, and it was refused—I took these things, and went to a pawnbrokers, which is a most noted place for cabinet-maker's tools, and I knew the prosecutor would go there—I made no concealment of myself—he found me very easily—he had a person here before, and he swore to the articles, and another witness swore to them by some private marks, and he was told never to show his face again in the Court.

COURT to WILLIAM BRADICK. Q. Had you ever bartered with him to sell him any part of this property? A. Not the least, for since these have been gone, we have had to buy others—I had advanced the prisoner some money on the Saturday previous—I had a person here once before, and the charge was not brought home to him, but what the prisoner states is not true.

GUILTY.*Aged 29.— Confined Six Months

Reference Number: t18400615-1665a

1665. GEORGE BARTLETT was indicted for stealing, on the 5th of June, 1 bag, value 6d., and 1 handkerchief value 6d., the goods of Sophia Gouthier, from her person.

SOPHIA GOUTHIER. I am single. On the 5th of June, I was in Regent-street—about a quarter before four o'clock in the afternoon, the prisoner came up to me and took this bag from my arm—it contained this handkerchief—the policeman saw the prisoner take it.

BENJAMIN ROUND (police-constable C149.) I saw the prisoner take this bag from the prosecutrix's arm—he had come to me before and told me he meant to do something to have himself taken into custody—I cautioned him against it, and told him he would find imprisonment or transportation different to what he expected—he went on before me and took this.

GUILTY.Aged 17.— Transported for ten Years

Reference Number: t18400615-1666

1666. HENRY THOMAS was indicted for stealing, on the 23rd of May, 1 pistol, value 5s. 6d., the goods of James Christmas.

GEORGE AGUTTER. I am in the service of James Christmas, a salesman, in Old-street-road—he sells all sorts of articles—on the 23rd of May, he had this pistol just by the door outside—the prisoner came by about eleven o'clock, and took the pistol, hid it, and walked away—I went in and told my master—I followed the prisoner, who had got about one hundred yards, and took him—this is the pistol—(looking at it.)

Prisoner. Q. Did you see me take it? A. I saw yon hide it under your coat, and when I saw you in another street, you had got the butt end of it in your hand, and the barrel up your sleeve

WILLIAM SANDERS (police-constable N170.) I stopped the prisoner—he had got the pistol in his right hand pocket.

Prisoner's Defence. I went past the prosecutor's shop, the witness said that I took up a flute, and asked the price, which he said was 5s. 6d., but I did not stop at all—I went on, a young man passed me, and threw the pistol down—I took it up and put it into my pocket, the witness came and asked me to go back—I said I was going back in a few minutes, but he followed me and gave me in charge.

GUILTY.*Aged 19.— Confined Six Months

OLD COURT.—Saturday, June20th, 1840.

Fourth Jury, before Mr. Common Sergeant.

Reference Number: t18400615-1667

1667. WILLIAM WYLIE was indicted for stealing, on the 25th of June, 1 pair of trowsen, value 5s.; 1 waistcoat, value 3s.; and 1 cap, value 2s., the goods of Charles Green, in a certain vessel, in a certain port of entry and discharge; to which he pleaded

GUILTY.Aged 16.— Confined Three Months

Reference Number: t18400615-1668

1668. JANE HICKMOTH was indicted for stealing, on the 90th of May, 1 ¾yard of silk, value 4s.; 1 pair of stockings, value 6s.; 2 crowns, 30 half-crowns, 50 pence, and 60 halfpence, the goods and monies of Jacob Cohen, her master; to which she pleaded

GUILTY.Aged 24.— Confined Six Months

Reference Number: t18400615-1669

1669. JOHANNA HICKS was indicted for stealing, on the 4th ot June, 1 basket, value 2s., the goods of Charles Danieli; to which she pleaded

GUILTY.Aged 24.— Confined One Month

Reference Number: t18400615-1670

1670. EDWARD MOHAN was indicted for stealing, on the 12th of Jane, 2 printed hooks, value 10s., the goods of John Williams, to which he pleaded

GUILTY.Aged 15.— Transported for Seven Years

Reference Number: t18400615-1671

1671. ARTHUR MORRELL was indicted for embezzlement.

JOSEPH BENFORD. I live in Whiskin-street, Clerkenwell. The prisoner was my errand-boy—it was has duty to receive money for me occasionally, and to account for it the same day, to me or my wife—he did not pay me any money on the 16th of May from Mr. Faldo.

Prisoner. I never received it—they did not pay me when I went, at least I did not go myself—it was another boy who went. Witness. If they did not pay him, he would tear up the receipt—I do not know the prisoner's Writing.

CHARLOTTE BENFORD. I am the prosecutor's wife. I never received this 3s. from the prisoner—on the 16th of May, he told me Mrs. Fenado was out, and she would come and pay me on the Monday morning.

JOHN FALDO. I deal with the prosecutor. On the 16th of May, the prisoner came to me for 3s., which I paid him—I am sure he is the person—this is the receipt—he wrote his name on it "Runsford'—(looking at it)—be brought a bag for some things which I had been cleaning.

Prisoner's Defence. I sent the other boy in, and be put his own name on the bill; be told me be was not paid, and he was to go for it on Mon day morning—I did not go into the shop at all.

GUILTY.Aged 15.— Confined Six Months

(There Was another indictment against the prisoner.)

Reference Number: t18400615-1672

1672. SARAH GOULDING was indicted for stealing, on the 6th of April, 1 gown, value 1s. 3d.; 1 shift, value 6d.; I cap, value 3d.; 1 apron, value 6d.; and 1 napkin, value 6d; the goods of Thomas Gray; and that she bad been before convicted of felony.

MARY GRAY. I am the wife of Thomas Gray, a gardener, and live in King-street, Islington. I left home on the 31st of March to go out nursing—I came home on the 6th of April, and missed tie articles stated,

which I had seen safe when I left home—on the 22nd of May I met the prisoner—I had seen her before—I watched her to No. 46, Windsor-street—I got a constable, gave her in charge, and found my cap and shift in her possession, and my gown on her back—these are them—(looking at them.)

CHRISTIAN SACKS. I am a shopman to Mr. Smith, pawnbroker, Lowerstreet, Islington. I produce a napkin and apron which were pledged on the 8th of April, in the name of Sarah Golding—I do not know who by—I do not know the prisoner—this is the counterpart of the duplicate.

MICHAEL SULLIVAN. I am a policeman. I got this duplicate from the prisoner's room at No. 46, Windsor-street—I found twenty-six other duplicates, but none of them referred to this property—I took her to the station-house, then returned to the room and found this shift and cap—she had the gown on her back—she said she had bought the things—I asked her if she could show me the person she bought them of—she said she could—I did not go with her, but I offered to go.

Prisoner's Defence. I bought the things with a pair of boots and grey trowsers of a woman in Rag Fair, but she was a stranger to me; I do not know the price I gave for them.

HENRY ALLEN. I am a policeman. I produce a certificate of the prisoner's former conviction, which I got at Mr. Clarke's office—(read)—she is the same person.

GUILTY.Aged 51. Transported for Seven Years

Reference Number: t18400615-1673

1673. SUSAN SNELL was indicted for stealing, on the 20th of April, 1 towel, value 1s.; 1 bag, value 6d.; 6 pairs of stockings, value 12s.; 1 pair of gloves, value 6d.; and 1 bed-gown, value 1s.; the goods of Frederick William Coe, her master.

MR. PAYNE conducted the Prosecution.

SARAH TATHAM COB. I am the wife of Frederick William Coe, of Riverswell Cottage, Park Village. The prisoner was our servant—I missed six pairs of stockings, and mentioned to the prisoner having missed them—the said she knew nothing of them—I went to Gravesend, leaving the prisoner in town—when I got there I found my box was not in the same state as when I packed it up—I came to town on the 30th of May, sent for a policeman, and asked the prisoner if she would object to have her box searchedshe said she had no objection—I was present when the policeman searched it, and found a towel and a black satin reticule—these are them—(looking at them)—they belong to me—the box was locked—I bad never given her these things—she said nothing when they were found.

Cross-examined by MR. HORRY. Q. She had been in your service eighteen months? A. Yes—I had a character with her, but not for honesty—she attended me to my satisfaction, a long time while I was ill—she had a bad thumb, but it was quite well when I went to Gravesend—I went to Gravesend on the 8th of May, and took a nurserymaid with me—she did not assist in packing my box, nor did the prisoner—I did it myself—I left it in my bed room unlocked all one night—I left the prisoner alone in the house when I went to Gravesend—I owe her 3l. for wages—I left her 7s. for the first week, and 7s. for the second, which Mr. Coe's clerk took her—I was away five weeks altogether, but I came to town at the end of three weeks, gave her into custody, and then went back again—we wrote to her at the end of a fortnight to say we were coming home—she

ordered whatever was required—the 7s. was for board wages—the nursery maid is not here.

MR. PAYNE. Q. Have you any reason to suspect your other servant? A. No—I gave the prisoner more than 3l. to pay the tradesmen's bills; bat I find they have not been paid.

EDWARD RICHARDSON. I am a policeman. I searched a box at Mrs. Coe's house in the prisoner's presence, and found these things—the prisoner said nothing when they were found—on the same day I went to the prisoner's mother's, in Brunswick-grove, Holloway, and found in one box a pair of stockings, and another pair in another box, with a pair of kid gloves and a child's night-gown—under the bed-clothes I found four pairs of stockings, wrapped up, I believe, in an apron.

Cross-examined. Q. They were not concealed, I believe, you got at them quite easily? A. By turning the bed up—they were concealed so far that they were underneath the bed—the boxes were unlocked and open.

ELIZABETH SNELL. I am the prisoner's mother, and five in Brunswickgrove, Homsey-road. The things which the policeman found were sent to me by the prisoner to wash and send back again—it was about a fortnight before I was before the Magistrate—as the family were out of town I did not wash them directly—I did not wash for the family—I often washed for my daughter, because her thumb was bad—she told me to wash them—she did not tell me how she got them—I am telling the truth—she gave them to me to wash, and take back again.

MRS. COE re-examined. The things found at the prisoner's mother's are mine, and are part of the property I missed—when I last saw the stockings they were clean, and would not want washing.

GUILTY.— Confined Nine Months

Reference Number: t18400615-1674

1674. JOHN DALE and WILLIAM JONES were indicted for stealing, on the 9th ot June, 7 pints of brandy, value 5s., the goods of the London Dock Company, the masters of John Dale.

MR. BALLANTINE conducted the Prosecution.

JOHN CLEMENTS. I am a constable in the service of the London Dock Company. In consequence of instructions I had received, I was watching on the 9th of June with two other officers in the docks, near a privy at the back of the south warehouses—I could see who came in and out of the privy, without being seen myself—about twelve o'clock in the day I saw the prisoner Jones come to the privy door, and go in—he came out again immediately, went to a dust heap close by, picked up a piece of printed paper, and seemed reading it—in about five minutes a man, having the appearance of a butcher's man, came out of the privy—Jones did not return to the privy then, but remained at the heap about five minutes longer—he appeared to be looking at the paper, and frequently looking towards the brandy vault, and also towards the South-quay—I then saw him look towards the brandy-vault, and make a motion with his hands to his head, and go into the privy—in about half a minute Dale followed him—he is a labourer in the company's employ, and was employed in the brandy-vault at that time—when Jones first came to the privy, he came from the direction of the brandy-vault—Dale remained in the privy about a minute—he was not there long enough to have performed any office of nature—when he came out, Rudkins the constable

seized him—I went into the privy, and saw Jones standing with his back to one of the seats, buttoning up his trowsers—there are five seats in that privy—I laid hold of him, and said, "You are my prisoner"—I searched him, and found concealed in the seat of his trowsers, and fastened round his body with a string, this India-rubber bag, containing seven pints of French brandy—I asked him where he got it from—he said he had found it in the privy, lying under a piece of old sack—I observed that there was not a piece of old sack there—the prisoners were both takes to the station-house—I asked Dale what he was doing in the privy—he said he went there to ease himself—I said, "Then were you taken short? "—he said, "Yes"—I said, "And yet you passed two privies to go there, and there is one alongside the vault at which you work, and you know that" he made no answer—he had passed two privies before he came to this out—I then went to the brandy-vault, to the gang where Dale was working—I found a bottle of brandy near where I understand Dale had been working—I had not seen him there myself—I also found a valinch or syphon wet with brandy.

Cross-examined by MR. PRENDERGAST. Q. There are a great many of those things in the docks, are there not? A. There are—I believe there were eight labourers in the brandy-vault that day, but more than that have admission—the privy Dale went to is about three hundred yards from the brandy-vault—it is between the south quay and the brandy-vault—Jones looked first one way, and then the other—I cannot tell why he looked towards the south quay.

Prisoner Jones. Q. Is there not plenty of shipping lying in the docks with brandy on board? A. There are two or three discharging brandy at present—there are not two or three dozen that I am aware of—the strength of the brandy I took from you has been tried with that taken from the cask—I believe it is not the same proof—I believe it is part of the brandy in the Company's custody, having found it on you.

MR. BALLANTINE. Q. Is the south-quay a public place? A. Yes—persons coming from there might have seen Jones—he looked towards there frequently, but he made the signal towards the brandy-vault.

DANIEL RUDKINS. I was on duty with Clements on the 9th of Jane, and a little after twelve o'clock saw Dale on the brandy-quay, which joins the brandy-vault—I saw him come towards the bridge which leads to the south-quay—he walked to the back of the south warehouses, and I followed him, and saw him go into the privy—he had passed two privies before he got there—he remained there about a minute—I stopped him when he came out, and asked where he worked—he said, "In the brandyvault"—I asked what business he had at that privy—he gave no answer—I searched him, but found nothing on him—he was in a working dress—this bag might very well have been concealed about his dress.

Cross-examined. Q. What clothes were they? A. Clothes they pot on to prevent their dirtying their other things, as the vaults are very dirty—other workmen wear the same kind of dress—this happened at luncheon time.

MR. BALLANTINE. Q. Then it would be known that parties could get away during that period? A. Yes—they have twenty minutes at luncheon—he had his luncheon in his hand—the men are not allowed to go from the place where they work.

MICHAEL NASH. I am head-man of the brandy-vault gang—Dale

worked there oh the 9th of June—the last time I saw him at work in the brandy-vault was about ten minutes before twelve o'clock—he Was then at work rolling a hogshead of brandy from the back-cellar to the front.

Cross-examined. Q. How many men were employed in the brandyvault altogether? A. About twenty—I was there all that morning—this syphon does not belong to me, it belongs to the Company, I suppose—I do not know whether we had been using it that morning is a usual thing to have in the cellar—the coopers use it.

MR. BALLANTINE. Q. I suppose they use it when they have directions to do so? A. Yet—Dale is not a cooper.

CHARLES WEBB. I am a cooper of the brandy-vault. I examined two puncheons of brandy on Wednesday morning, the 10th of June, to see if they were of the same description at that found in the bag—I found the bungs had been forced out and stuck in again—one appears to be the same colour and the same quality of spirit, but not the same strength; but every time spirit is turned from one thing into another, the strength enaporates—going into this bag would alter it materially—Clements told me what was done with the brandy—I think what he says has been done with it would account for the deficiency in strength—in other respects the brandy is precisely similar—two gallons Were missing from one cask.

Cross-examined. Q. One puncheon wit of the same colour at this? A. Yes—the other was not—they Were alongside each other—about the same quantity was gone from each—there were three or four other casks with the bungs out, but no lost—we find some bungs out every day—I have used the syphon hundreds of times—I am a cooper.

Prisoner Jones. Q. You saw the brandy tested? A. Yes—there was eight per cent. difference—I have samples here—brandy would lose strength in going from a cask into a bag—I cannot say bow mock strength it would lose—it depends on whether the bag is wet or dry.

JURY. Q. whether the bag was wet or dry, would it make more than one or two per cent. difference? A. I cannot say—if it was dry I do not think it would.

MR. PRENDERGAST. Q. Do not the men generally walk about the docks at luncheon time? A. Out people hate no business over the bridge—it it not a regular thing—they ought not to leave the brandyquay at all—I have not seen them do so.

JOHN CLEMENTS re-examined. I presume that the brandy was put into the bag by means of a syphon—after I took it front the prisoner I poured it out into three measures to ascertain the quantity—I poured it back again into the bag before the Magistrate, and when it came from there it Was put into the stone bottle where it now is—part of it has been poured backwards and forwards three or four times since, to compare before the Magistrate—I told Webb what bad been done with it, and Mr. Reed also.

WILLIAM KIDERSLEY REED. I am an officer of Customs, and am a judge of the relative strength and quality of liquors—I have tried the strength of these two samples—there is about eight per cent, difference between them—I think what has been done with the brandy taken from the bag would account for that difference—it it similar to the Other in colour and taste.

Cross-examined. Q. How long have yon had experience in these mat

ters? A. Three or four years—I do not think the deficiency in strength affects the colour, but I have not directed my attention to that—I never made this sort of experiment before, but I know that the action of the air causes the spirit to evaporate, and that there is greater evaporation and loss of strength in a small quantity than in a large one—I never valued or gauged a stock from one merchant to another—the brandy at the dock is proof—this is eight per cent, under proof—the bag contained seven pints.

Prisoner Jones. Q. You are a gauger at the London Docks? A. Yes—I was a printer before that, in Lincolnshire—I served my time to it at Grantham—a friend got me my present situation—I was placed under instruction before I was admitted—I was in business for myself before I took this situation—I did not fail—I was recommended by persons who knew me from a child.

JURY. Q. In your opinion, what quantity of water would it take to reduce that seven pints of brandy to the state it is in now? A. About a pint and a half.

Jones's Defence. I went into this privy for a necessary purpose; I saw a man sitting there in an obscure corner behind a stone, and I came away and waited till he came out; I then went in directly; there was a piece of matting in the corner where the man had been; I put my foot against it, and saw this bag lying underneath it; I pulled it out and tasted it; at that moment Dale came into the privy; I had never seen him before; he went out again directly, and never spoke to or looked at me; I was then coming out with the bag in my possession, when the officer said I was his prisoner; I told Clements at the station-house that I had found the brandy under a piece of matting; he went away, returned, and said then was no mat there, but this was an hour afterwards; the man looked to me like a labourer; he had a fustian coat and fur cap on; the spirit is eight per cent under proof; it may belong to one of the ships, and not to the Company at all.

NOT GUILTY.

Reference Number: t18400615-1675

1675. ISAAC MENDALSON was indicted for stealing, on the 31st of May, 1 hat, value 2s.; 1 waistcoat, value 4s.; 1 watch, value 1l. 5s.; 3 seals, value 13s.; 2 watch-keys, value 7s.; 1 eye-glass, value 12s.; 1 brooch, value 8s.; 1 breast-pin, value 2s.; 5 rings, value 2l. 16s.; 1 piece of chain, value 2s.; 7 sovereigns, and 3 shillings; the property of Jacob Alexander.

JACOB ALEXANDER. I live in Goulston-street, Whitechapel—I know the prisoner—I met him on Saturday, the 31st of May, about twelve o'clock, and said something to him about a bed—he said he was a countryman of mine, and I should encourage him—he said he had a single-bedded-room—I went with him to No. 24, Tenter-ground, and instead of finding a single-bedded room, I found his wife and child, and all in one room—I said, "For heaven's sake! am I going to sleep in this room? "—he said he would make an alteration—I did not know where to go to, being a stranger in London, and thought I might as well stop there—I had seven sovereigns and three shillings, and the articles stated, with me—as I undressed myself I dropped them out of my pocket—he said, "What have you there? "—I said, "Money"—he said, "Take care of it"—I said, "I am not among strangers, I can put it on the table, " which I did, in my hat—I went to sleep—when I awoke, his wife said, "Jacob, get up, my husband has gone to work at two o'clock this morning"—I said "A journeyman in England

go to work on Sunday morning, and at two o'clock! "—my cousin, David Dobagenski, was with me in the same room—he is not here—I wanted to bring him as a witness, but he would not come—I found my hat was gone, and the prisoner's left in its place—his wife said, "He took your hat in a joke, he will be back again by eight o'clock"—I found all my things were gone—his wife afterwards said he would not be back for four days—she boltedwith the child while I went for a policeman, and was not found for four hours—in consequence of information, I went to Cambridge, and saw the prisoner there—he had written a letter to a friend of his in London, and that friend came and told me of it—I got a policeman and gave him in charge—this is all my property—(looking at it)—they are second-hand things—I am a licensed hawker—the prisoner is a tailor as far as I know.

Cross-examined by MR. PRENDERGAST. Q. Had you come from the country on the Saturday morning you met the prisoner? A. No, the day before—I came from my lodging that morning and met the prisoner—he said, "Why not encourage me? " and I did, for the sake of mercy—I slept in Sun-square, Bishopsgate, on the Friday night—I had not been in any prison that I know of—I was in prison so far as this, for a debt of 2l.15s. which I owed a man for some goods—he took me to the Compter, but he came to me in the morning and I paid him.

Q. How came you to tell me yon slept in Sun-square? A. To tell you the truth, you bother me so much—I was not charged with swindling—I do not call it swindling—I had some goods of Mr. Marks Cohen on commission; he charged me 2l. 15s. for them, I would not give more than 2l. 5s.—I wanted to return them, he would not take them, but had me taken up—I was not walking with the prisoner on Sunday morning down Bishopsgate-street, on the road to Cambridge—he had robbed me and gone off before I awoke—I did not see him at all on Sunday—I have never gone by any other name than Jacob Alexander—I never went by the name of Barnett Josephs—I have a brother who is called Barnett Josephs—I have never been known by that name myself—I do not know why my brother is called so—if people call me so, I tell them my name is Jacob Alexander—my brother has been seventeen years in England, I have been four years here, but I am a stranger to London—I travel about the country—I come to London occasionally to buy goods—I have a cousin named Marks Cohen—I am sorry to have such a cousin—it was he that told me the prisoner was at Cambridge—I never told him that the prisoner had given information by which I had been taken into custody, and I would do the same to him as he had done to me—I never said any thing of the sort—the prisoner bad nothing to do with my being in prison—I should have taken a policeman to Cambridge with me, but I had not sufficient money.

WILLIAM HACKNEY. I am a policeman of Cambridge. On Wednesday night, the 3rd of June, the prosecutor came to me and said he wanted me to go with him to the Old Red Lion public-house, to take a man into custody, who had robbed him in London—I went, and he pointed out the prisoner, who was sitting in a chair—I asked him what he had been robbed of, and he described the articles stated before I found them—I took the prisoner to the station-house, searched him, and found six sovereigns sewn in the cuff of his coat, half a sovereign, four shillings, and two sixpences, in his right hand trowsers pocket; this waistcoat was in his coat pocket, with this pin and brooch in it; these five rings in his neck handkerchief, and the watch in his

right hand trowsers pocket—as we were going to the station-house he said, "I am very sorry I did it, for I was going to Manchester."

Cross-examined. Q. Were not the words, "I am very sorry that I have got into it? " A. He spoke in broken English, but the words were as I have said, as well as I could understand.

MR. PRENDERGAST called

HENRY JACOBI. I am no relation to the parties. The prosecutor's name is Barnett Josephs—I do not know his brother—that is the name he bears—I went to school with him in Prussian Poland, and that was his name—I have always known him by that name in England, and have called him so—became to England before me—I heard of his being in prison a short time ago—I met him a little time afterwards—he said, "Did you hear of the trouble I was in? "—I said I had—he said a countryman of his had served him out—I asked who it was—he said, " Never mind, I will not tell you who it was, but I will serve him a trick that he will remember"—I saw him again about an hour after—he said, "Do you know a countryman named Mendalson, he comes from the same town? "—I said, "Yes"—he said, "Will you do me a favour? "—I said, "Yes"—he asked me if Mendalson had some money—I said he had worked very hard, and I thought be had got a few pounds—he asked me to go and fetch him, as he bad something particular to say to him—I did to—Mendalson came out, and they had some talk together, but I did not hear what it was—I know this waistcoat—I have often seen the prisoner wear it—I believe he had it on the very Saturday I fetched him to the prosecutor.

COURT.(by desire of the Prosecutor.) Q. Don't you know that in Poland there is no such name as Barnett Josephs? A. I have heard the name is Poland—I am certain I saw him on the Saturday with the prisoner—I saw him first in Sun-square, Bishopsgate—there were a good many travellers there—he was given in charge for a fight, and had to pay 30s.—a young man was with me when I saw him with the prisoner, but he is in the country—I have known the prisoner from a child—I came from the same town as him.

MARK COHEN. I am the person that took the prisoner into custody on the Friday night. I gave him some goods on commissioner—he went away into the country with them, and came back in a different name—he had the goods as "Joseph Barnett Dobagenski, " and he came back as "Jacob Alexander, " and I heard he had done the same trick at Norwich—I asked him to give me back the goods or money—he would not, and I gave him into custody—he denied having the goods altogther.

——COHEN.I am the prosecutor's cousin, and come from the same town in Poland. His name is Barnett Josephs—he has been known by that name in England—he was always called so—he has a brother named Isaac Josephs, but he calls himself Barnett Josephs as well—I received a letter from the prosecutor on Saturday morning, stating he was in prison, and asking me to come and settle it for him—I paid 2l, 5s. for him to settle it, and he repaid me—he asked me the same afternoon to lend him 2s., because he had got no money—he came to me on Sunday morning, and said he was robbed, but I knew he was a great story teller, and turned him out of my house—not one word in ten that he says is true—I never believe him.

~COURT, (by the Prosecutor's desire.) Q. Did you not go to the station-house with the prosecutor and give a description of the prisoner's person? A. I

did—I did not believe him at first when he said he was robbed, but I went with him—he left his hat at my house, and took a cap with him—I do not say it is the prisoner's hat that he left—he fetched it away on the Sunday afternoon.

SAMUEL RAPHAEL. I live in Bell-lane, Spitalfields. On the Sunday morning, about six o'clock, I saw the prisoner and prosecutor together, near Bishopsgate church.

(The prisoner received a good character.)

GUILTY.Aged 24.— Confined Nine Months

Reference Number: t18400615-1676

1676. WILLIAM CONDEN was indicted for stealing, on the 13th of June, 1 purse, value 1d.; 1 medal, value 1d.; 4 sovereigns, 3 halfsovereigns, 3 half-crowns, 2 shillings, and 2 sixpences.; the goods of Marie Joseph Leon de Serin, from his person.

MARIE JOSEPH LEON DE SERIN. I reside in Edmund-street, Portmansquare. On Friday, the 12th of June, between two and three o'clock, I was passing along Dean-street, I felt something touch my pocket, and turned round, the prisoner was behind me, and at that moment my purse was in my pocket—a few minutes after I came into Oxford-street, and was about crossing) I heard a gentleman crying, "There is some person taking your purse"—I turned round and saw the prisoner running away—this is my purse—(looking at it)—it contains the money stated.

Cross-examined by MR. BALLANTINE. Q. There were several people about you in Oxford-street? A. Certainly—the prisoner ram away immediately—I saw his face and recognized him to be the same person who had attempted my pocket in Dean-street—I am a Count, and derive my title from my father—it has been held in the family—I am entitled to it—I am a Frenchman.

JOHN DOWLE. I Have in Poland-street. On Friday afternoon, about three o'clock, I saw the prisoner pass my shop running—there was a cry of "Stop thief"—I instantly can out, and pursued—I overtook him, and had just caught the skirt of his coat, when he turned short round, and fetchedme a blow right under the eye, which knocked me down—I instantly got up, and pursued him again—I kept him in sight till a brewer's man held up his hands—I came up and collared him—a policeman, came up, and I gave him into his hands.

JANE HOLLOWAY. I am the wife of Ezekiel Holloway who keeps an Italian warehouse in Poland-street, two doors from Mr. Dowle's. I was in the back part of my shop, on this Friday evening—I heard a noise, and on looking round I observed this, purse banging, on a soap-tray—it was thrown, in by some one—there was no one but me ia the shop—I gave the purse to the officer.

WILLIAM TAYLOR (police-constable C180.) I heard a cry of "Stop thief, " as I was sitting in my room at Mrs. Holloway's—I lodge there—I looked out of my window, and saw the prisoner running, pursued by Mr. Dowle—I ran down stairs, ran out, and followed; when I got into Berwick-street Dowle bad collared him—I took him to the station-house—he had just passed Mr. Holloway's, as I got to the window.

CHRISTIAN DOLL. I was in Mr. Dill's shop, at the corner of Polandstreet—I saw the prosecutor pass, and as he crossed Poland-street, I saw a young man follow him, lift up his pocket, and take the purse out—I heard the cry of "Stop thief, " ran to the door, and saw Mr. Dowle come

out of his shop—I only saw the person from behind, but it was the same man that Mr. Dowle had the straggle with.

GUILTY.*Aged 20.— Transported for Ten Years

Reference Number: t18400615-1677

1677. DAVID HAGGERSTONE was indicted for stealing, on the 3rd of February, 1 pair of trowsers, value 7s., the goods of John Phipps; and 1 hat, value 10s., the goods of George Dearn.

JOHN PHIPPS. I live in Britannia-street, Gray's-inn-road. The prisoner lodged with me, and left on the 3rd of February—he had lodged with me before—I heard him go away about half-past seven o'clock—I wished him good morning as he went out, and he did the same to me—I told him I wanted to speak to him, but he went out and slammed the door—he ought to have come back again, because he had not paid for his lodging—he did not return—I missed a pair of trowsers belonging to my sonin-law, which were in my care, and a hat belonging to George Dearn, my lodger—an old hat of the prisoner's was left behind in the box, in place of it—my lodger and son-in-law had gone out before the prisoner.

GEORGE DEARN. I lodge at the prosecutor's. On the 3rd of February I went out at about ten minutes to six o'clock, leaving the prisoner in bed and the prosecutor's son-in-law dressing himself—my hat-box was underneath the bed—when I came back I found an old silk hat in place of my own—I do not know whose it was—(looking at his deposition)—this is my signature—I had it read over to me—I did not positively swear it was the prisoner's hat—I believe it was his.

MILICENT PHIPPS. I am the prosecutor's wife. I heard the prisoner go out that morning—my husband went up, locked the door, and brought the key down—after breakfast I went up stairs to put the boy's things away, and missed the things.

SAMUEL GODSAVE. I slept in the room with the prisoner—I left about six o'clock—the trowsers were then safe—I took my braces off them.

Prisoner. There were other lodgers in the house up stairs, who might have taken them as well as me—I did not take them.

JOHN PHIPPS re-examined. No one could have taken them but him—there was no one else in the house—directly he went out, I went up and locked the door—no one went into the room after he came out.

HENRY WEBB. I am a policeman. I received the hat from the prosecutor—the name of Haggerstone is in it.

Prisoner. Then it must have been put in by some of the parties. Witness. It is in the same state as I received it.

JOHN PHIPPS re-examined. I gave it to the officer in the same state as I found it. I did not examine it myself.

Prisoner. Those policemen will swear any thing, particularly that man; my name is spelt different to that.

GUILTY.*Aged 48.— Confined Six Months

Reference Number: t18400615-1678

1678. GEORGE JESSETT was indicted for stealing, on the 1st of June, 1 pair of boots, value 5s.; the goods of David Piggott.

DAVID PIGGOTT. I am Captain of the barge Mary Sarah. The prisoner was employed by me to work on board. On the 1st of June I missed a pair of boots from the cabin, which I had seen safe on the Saturday night before—these are them—(looking at them.)

Prisoner. He lent them to me to wear. Witness. I never did.

THOMAS BURFORD. I am a pawnbroker. I produce the boots, which were pledged by Sarah Bissell.

SARAH BISSELL. I pledged these boots at Mr. Burford's—the prisoner gave them to me to pledge on the 4th of June—he said they were his own.

Prisoner's Defence. I had the boots on when I was absent from the barge; I could not walk in them; and pledged them for half-a-crown to go to London to get some money which was owing to me.

GUILTY.Aged 19.— Confined Three Months

Reference Number: t18400615-1679

1679. THOMAS FOSTER was indicted for stealing, on the 31st of May, 1 handkerchief, value 1s., the goods of Henry Parker, from his person.

HENRY PARKER. I am a dentist, and live in Great Queen-street, Lincoln's-inn-fields. About a quarter before ten o'clock, on the 31st of May, I was walking in Middle-row, St. Giles's—I felt a hand in my pocket—I immediately turned round, and laid hold of the prisoner—I am sure it was his hand that was in my pocket—there was no one else near me—I missed my handkerchief, which I had felt in my pocket a few minutes before—I did not see it in his hand—it was (bund in a passage close to where this occurred—this is it—(looking at it.)

CHARLOTTE JORDAN. I live in Middle-row, St. Giles's. I got he handkerchief from the passage, and gave it to the policeman.

GEORGE PORTSMOUTH. I am a policeman. I have produced the handkerchief which was given me by Jordan.

Prisoner's Defence. I was walking in Middle-row, and saw two boys and two women behind the gentleman—they turned back, and the gentleman took hold of me, but I never touched his pocket.

GUILTY.*Aged 17.— Confined Nine Months

NEW COURT.—Saturday, June20th, 1840.

Sixth Jury, before Mr. Sergeant Arabin.

Reference Number: t18400615-1680

1680. WILLIAM SEDDON was indicted for stealing, on the 13th of May, 1 ass, value 1l.; 1 cart, value 1l.; and 1 set of harness, value 5s.; the goods of Elizabeth Horrod, his mistress; to which he pleaded

GUILTY.Aged 22.— Confined Six Months

Reference Number: t18400615-1681

1681. CAROLINE WILLIAMS was indicted for stealing, on the 12th of June, 1 shawl, value 2s. 6d., the goods of Robert Linwood; to which she pleaded

GUILTY.— Transported for Seven Years

(There was another indictment against the prisoner.)

Reference Number: t18400615-1682

1682. WILLIAM NORMAN was indicted for stealing, on the 15th of June, 1 shirt, value 2s.; 1 pair of trowsers, value 1s. 10d.; 1 pair of boots, value 2s.; and 1 brace, value 2d., the goods of William Powell; to which he pleaded

GUILTY.Aged 19.— Confined Three Months

Reference Number: t18400615-1683

1683. JANE PINDAR was indicted for stealing, on the 9th of September, 3 blankets, value 5s.; 1 tablecloth, value 1s. 6d.; 1 sheet, value 3s.; 1 umbrella, value It.; 1 pillow, value 17s.; 1 tablecloth, value 6d; 1 pillow-case, value 1s.; and 1 towel, value 6d.; the goods of James Bolton; to which she pleaded

GUILTY.Aged 39.— Transported for Seven Years

Reference Number: t18400615-1684

1684. SAMUEL JENKINS was indicted for obtaining 5s. by false pretences, with intent to defraud John Heaviside, Esq.; to which he pleaded

GUILTY.Aged 17.— Transported for Seven Years

(There was another indictment against the prisoner for felony.)

Reference Number: t18400615-1685

1685. JOSHUA LAKE was indicted for stealing, on the 20th of March, 1 half-crown, 5 shillings, 2 sixpences, and 1 halfpenny, the monies of Anthony Shaw, his master.

SARAH SHAW. I am the wife of Anthony Shaw—we sell coals, and live in Bloomsbury market—the prisoner was our servant for six or seven weeks. On the 20th of March he told me he had to take a half-hundred weight of coals and a bushel of coke to Mrs. Crank, with change for a half sovereign—I gave him a half-crown, five shillings, two sixpences, and a half-penny—he left the barrow in the street, and never returned—he left me without notice—I never received the half-sovereign.

ELIZABETH CRANK. On the 20th of March the prisoner brought some coals and coke to me, but did not bring me any money—I did not give him any half-sovereign.

GUILTY.Aged 20.— Confined Three Months

Before Mr. Justice Littledale.

Reference Number: t18400615-1686

1686. EDWARD REED was indicted for stealing a certain post letter containing a half-sovereign, he being employed in the Post-office, the property of Thomas William Earl of Litchfield, Her Majesty's PostmasterGeneral. Six other Counts, varying the manner of stating the charge.

MESSRS. SHEPHERD. and ADOLPHUS conducted the Prosecution.

JOHN BLACKALL. I am in the employ of the poet-office at Brompton—the prisoner was also employed there. On the 19th of May last in the morning I was on duty at the branch office at Chelsea—the prisoner was there sorting letters, separating them to different divisions—he is a carrier to one of the divisions as well as a sorter—his division is Chelsea—something struck me while he was sorting his letters, in consequence of which I watched him and observed him take a letter from a bundle which was before him, and put it into the left-hand breastpocket of his coat—I mentioned it to the charge-taker, Mr. Vorley—I went out into the street—the prisoner came to the door—I beckoned him, and asked him if he bad not got a letter that did not belong to him—he said he had not—I asked him a second time, and he then said he had not—I then asked him to let me look in his breast coat pocket—upon this he pulled out come letters himself, amongst them was one which did not belong to his walk—it was directed to "Mrs. Shalor, 45, Arthur-street, Chelsea"—I told him he had no business with it, and it did not belong to him—I felt money in it.

Cross-examined by MR. CHAMBERS. Q. What is your age? A. Twentyfive—I do not know how old the prisoner is—I have known him two months, or rather more—I do not know how long he has been in the office—he came to that district two months ago—I have been in the office seven years, and went to that district six years and a half ago—I owe the prisoner 2s. or 9s.—I had borrowed it of him—there are thirteen letter-carriers,

who meet to sort their letters, and to receive them there—they sit at a table or bench to sort them—the letters are thrown out of the bags before them, and they begin sorting, if they have time to do it—there were thirteen carriers there—I do not know that they were all sorting letters—there were about the usual complement of letters that rooming—the prisoner pulled out about five letters from his pocket, besides the one that had the half-sovereign in it—when I sort letters I place them before me—it has been the case that letters, have been mis-sorted, and taken by a postman into a wrong district—it does not frequently happen that a man takes a letter that does not belong to him, and brings it back—letters have not been mis-sorted when the directions have been proper—I have Dot known a postman mis-sort letters—such a thing might occur, bat I have no recollection of such an instance—I had no money letters that morning—the charge-taker takes account of the letters given to the postmen—he does not keep an account of the money letters—when we have got the letters all sorted we go out with them for delivery—we do not carry them in our pockets, we have a bag to carry them in—the charge-taker took away the money letter that the prisoner had in his pocket—I do not know that any body took the other letters from him—he was not taken up for three or four hours.

ANDREW VORLEY. I am charge-taker of the Chelsea division of the Post-office. On the 19th of May I received a communication from Blackall, and I observed the prisoner to leave the office shortly after—I then went out, and saw him in the street—I believe he had just left Blackall—I said, "Reed, I think yon have a letter in your possession which don't belong to you"—he said he had not—I said he bad, and he had better give it up to me, and he took the letter out of his breast-pocket—this is it—(looking at one)—I only saw this one—I looked at the direction, and also at the hour stamped on it—I said, "Reed, how could you think of taking a letter that did not belong to you? "—he said if I would not report him he would not do it again—I wrote to the Post-office, and he was taken that day, but not at that time—my impression was, that I could not act in this case without instructions—this letter was not within his delivery—it might have come into his possession in sorting.

Cross-examined. Q. Is it your business to superintend the sorting? A. I take account of all the letters that come down to the Chelsea division—this letter ought to have been given up to me, to transfer it to the Brompton delivery, to which it belongs—it was a mis-sorted letter, but being directed "Chelsea, " it came down in the Chelsea bag—it ought to have gone in the Brompton delivery, being No. 45, Arthur-street, and ought to have come in the Brompton bag—two bags come down by the morning dispatch, the Brompton carriers take the Brompton, and the Chelsea carriers the Chelsea letters—there are seven carriers in the Brompton delivery, and six in the Chelsea—the prisoner was given into custody about two o'clock, when he returned to the office—he had been round, and made his morning's delivery.

MR. SHEPHERD. Q. Was it in consequence of the instructions you received from the Post-office in London that he was taken? A. Yes—the bags containing the Chelsea letters, and the Brompton letters come at the same time—they are placed for the different sorters to sort—the prisoner is a Chelsea sorter—part of Arthur-street is in the Brompton delivery and part in Chelsea—a letter for No. 45, Arthur-street, ought to be sent in

the Brompton bag, but if the sorter in London did not know that, he might send it in the Chelsea bag—a Chelsea sorter ought to have given this letter to me.

COURT. Q. Suppose he was not likely to see you for a quarter of an hour, would he not put it in his pocket, instead of keeping it in his hand? A. He might have done it, but he ought to have given it to me—I was there the whole of the morning.

JANE SHALOR. I live at No. 45, Arthur-street, Chelsea. I have a daughter in service at Cambridge—she sends me a little money from time to time—this letter is her writing—I received it from Mr. Peacock, the Post-office solicitor—it was sealed—I opened it at Bow-street—it contained a half-sovereign.

MR. PEACOCK.The name of the postmaster-general is Thomas William Earl of Litchfield.

NOT GUILTY.

Reference Number: t18400615-1687

1687. THOMAS SMITH was charged, on the Coroner's inquisition, with killing and slaying Emma Brooker.

JAMES DOLAN. I am an excise-officer, and live in Liverpool-road, Islington. On the 23rd of May I was looking out of my window between seven and eight o'clock in the evening—I saw two drays going along the Liverpool-road—I saw a child on a waste piece of ground adjoining the road—I saw it come and pass under the horse of the first dray—the horses were going very slowly—the child advanced a step or two, and then it turned to the right again towards the bind horse—the off wheel knocked it down and passed up the left side of it, on its garments—the horses continued in the same line of road in which they were going before—the dray did not swerve from its track—the driver was riding on the shaft or on the fore part of the dray—he was on the near side, which he ought to he on—the dray was on its proper side of the road—there was no person walking by the side of the horses, and no reins to the horses—I thought I stated before the Coroner that the driver was sitting on the shaft or the fore part of the dray, but I do not see in my deposition any thing about the abaft—it says "the front part of the dray" here—(looking at the deposition)—I thought I called out, but I am not certain whether I did or not, as I was very much frightened—I did not know the person who was sitting on the front of the dray.

Cross-examined by MR. PAYNE. Q. You did not go to the doctor? A. No—I know that draymen begin work at three or four o'clock in the morning sometimes.

JOHN HOWE. I am a painter. I was in the Liverpool-road, and saw two drays coming along—I saw a child in the road—it fell before it came to the wheel of the first dray—I did not see the wheel touch the child, and I do not think it ran over the child—the wheel did not occasion the child to fall—the shaft-horse did—I picked up the child, and took it to Mr. Cooper, the doctor—its face appeared grazed a little on the left temple—there was a little dent on the forehead—I did not see any blood on the child, but I got a little on my trowsers—after the child had been to the doctor's I carried it home—I think it was dead when I picked it up—it was fifteen months old—I saw the prisoner when he came into the doctor's shop—I had not seen him before—he said he was very sorry, and when we got to the station-house I heard him say he was the driver—he was quite sober, and the dray stopped directly.

Cross-examined. Q. Did you observe whether the child was under the care of any person? A. No—when I took it up a little girl came to me, but I should not know her again.

CORNELIUS SAVORY (police-constable N160.) On the 23rd of May I was in the Liverpool-road—I followed Howe to the doctor's, where the child was carried—the prisoner was there, and, after I had ascertained that the child was dead, I said, "I believe you are the driver"—he said, "I am"—I said I understood he was riding on the fore part of the dray—he said he was, and he did not see the child till the head was nearly under the wheel—I took him into custody—he was quite sober—he stated that he spoke to his horses, and they stopped instantly—there were no reins to the horses.

Cross-examined. Q. Did you observe whether any person had the care of this child? A. I did not—there is no footpath on that side of the road—there are cattle kept adjoining that piece of ground, the boards were down, and the children play there—a child would come through there suddenly, within about six yards of a carriage which was going by.

SUSANNAH ODELL. I am fourteen years old, and am the daughter of James Odell, a lamp-lighter. The little girl who was killed was Emma Brooker—she was fifteen months old—she could run about—on Saturday the 23rd of May, I saw her with her two sisters, about a quarter before eight o'clock, in the Liverpool-road—the eldest is about twelve, I think, and the other eight or nine—the child had hold of her youngest sister's hand, and I saw her let go her hand—I was at that time on the other side of the road—I saw Ann, the eldest sister, go to the other sister—she said she would go and tell her mother that she had let Emma run in the road—she was going to hit her—Emma then ran into the road, and a brewer's dray came up, which had two horses in it—they were going very slowly—it was on the left-hand side going towards London—I think Emma went in the road to pick up a piece of paper—she went before the first horse's head—she then came a little way in the road, then went to turn back, and the shaft-horse knocked her down with his fore leg—nothing else touched her—the wheel went up her clothes—I did not see any body on the dray—I do not think any thing touched her head—she was taken to Mr. Cooper—she squeaked once when she was on the ground, and curled herself up—the dray stopped then—I did not hear any body call out, or give any caution to the driver.

CAROLINE ODELL. I am mother of the last witness. I saw the two drays coming up—I saw the little child come across the path into the road—my baby and that were together—I saw it come across past the first horse, she then turned back to meet my baby again, and the shaft-horse struck her on the temple, and killed her—the wheel did not touch her at all—it went up the clothes—the child was dead before it went up the clothes—the driver was sitting on the left-hand side of the dray—I did not hear any body call out to him.

JAMES HOOPER. I am one of the cashiers of Messrs. Whitbread. The dray was theirs.

Cross-examined. Q. How long has the prisoner been in your service? A. Twenty-six years—he bore the character of a humane careful man.

MR. COOPER.I am a surgeon, and live in Mount-row, Liverpool-road. The child was brought to me about a quarter to eight o'clock—it was

quite dead—the left side of the temple was very much swollen, and the scull fractured—the death was occasioned by a concussion of the brain.

NOT GUILTY.

Reference Number: t18400615-1688

1688. ROBERT MITCHIE was indicted for burglariously breaking and entering the dwelling-house of Edward Gardner, about the hour of four in the night of the 30th of April, at St. Giles-in-the-fields, with intent to steal, and stealing therein, 1 pencil-case, value 2s.; 8 studs, value 1l.; 16 sovereigns, and 1 ₤5 note; his property.

EDWARD GARDNER. I am a bottle-merchant, living in Great Wildstreet, in the parish of St Giles-in-the-fields. The prisoner took a lodging in the back-room on the third floor of my house, on the 1st of April, in company with another lad rather less than himself—they continued there upwards of four weeks—they left early on Friday, the 1st of May, I cannot say the precise time—after they left, I went into my parlour about eight o'clock in the morning, and found a drawer of a chest had been broken open—it was locked again, and I cannot say in what way it had been broken open—Mrs. Gardner tried it first with her key—she could not open it—I tried it with mine, and could not open it, but in shaking it the lock dropped down—I missed from there a leather bag, containing sixteen sovereigns, a pocket-book containing a ₤5 note, and a pair of gold studs, and sundry papers, a silver pencil-case, and some silver coins, which I could not number exactly—the studs were gold with a turquoise stone in the centre—I had seen the leather bag, and the pocket-book last about eleven o'clock on the Thursday night, the 30th of April—I went to the prisoner's room about nine o'clock that morning, and discovered in the fire-place, covered with a towel, the pocket-book, and the leather bag which had contained the sovereigns—there✗ were no sovereigns, or Bank-notes, or studs, but all the papers were in the pocket-book—they were not disturbed—I saw the prisoner in custody about a month afterwards—I had not seen him in the meantime—his companion was sentenced last Sessions—they both went by the name of Mitchie at my house—I have the silver pencil-case in my possession, which I had when the other prisoner was convicted—I am not sure that that had been in that drawer.

JAMES SUTHERLAND. I am Borough officer for Edinburgh, and live at Edinburgh. I apprehended the prisoner on Tuesday the 12th of May, at Roastan, a small village eight miles from Edinburgh—I charged him with robbing Mr. Gardner, of Great Wild-street, Lincoln's-inn-fields, London—on commencing to search him I saw him take from his pocket a gold stud, which he handed to my assistant, who handed it to me immediately—I did not tell him it would be better for him if he would confess what he had done, or worse if he did not—I asked him how he committed the robbery—he said the boy who lodged along with him, of the name of Gilbert, stole the key of the cellar—he said he had lived at Mr. Gardner's, in London—he said he had observed Mr. Gardner putting money into a drawer of a chest of drawers, in the back-parlour, and they both agreed to break open that drawer, and carry off the property, and that Gilbert stole the key of the cellar, underneath Mr. Gardner's shop—they entered the cellar, and there is a hatchway from the cellar to the shop, and that he held Gilbert on his shoulder up the hatchway to the shop, and that he himself had considerable difficulty in getting up; that they lighted the candle in the shop from lucifer-matches, which they had procured, looked round the

shop, and found a screw-driver, and forced a drawer, in a cheat of drawers, in the hack-parlour, and took from it fifteen sovereigns, two gold studs, a dark coloured leather pocket-book, containing a 5l. Bank of England note; and that be got for his share six sovereigns, the 5l. Bank of England note, and the two gold studs; that they placed the pocketbook in the fire-place, came out of the room, locked the door, and pushed the key underneath the door—I only got one stud from him—he said he had lost the other—another gold stud was delivered to me by Gilbert's father—they are both here—the prisoner is a Scotch lad—I carried him the same night before the Magistrate, he was committed, and detained till an officer came from Bow-street for him—this is the stud I received from my assistant.

Prisoner. Q. Where was I? A. Standing in a garden in front of the house, belonging to the family where yon lodged—you neither ran away nor came forward—I did not say, "Well, Bob, I want you in Edinburgh"—my assistant asked for the studs, and you gave this to him—I stopped on the road for the purpose of feeding the horse, and giving you refreshment—I did not search you after that—we had a quartern of spirits among three of us—it was a very wet night, and rained two hours and a half, and we were out the whole time—I did not say you would be likely to get away, if you told all about it—I said that Gilbert was found, but not that you was to be a witness—you said that Gilbert gave you a ₤5 note, and six sovereigns, in your room at Mr. Gardner's house—you did not say it was in Birmingham; you said you lost Gilbert in Birmingham; that you went to the theatre, and Gilbert never came to his lodging; that when you left Mr. Gardner's house, you walked in London streets all night, and in the morning went by the Birmingham Railroad.

ALEXANDER KERR (police-constable F12.) I live in Long-acre. On the 3rd of June, the prisoner was delivered into my custody, at the Caltonhill gaol, Edinburgh—I brought him to London, I told him it was for robbing Mr. Gardner, of Great Wild-street—I made him no promise or threat he did not deny it at all—I asked him if it was all true that was alleged against him—he said Gilbert was the worst of the two, and that he had only received six sovereigns of the money, and two gold studs—we arrived in London about half-past five o'clock, on Friday, the 5th of June—I brought the studs from Edinburgh, and handed them over to Sutherland—I received them from Mr. Dymond, the public prosecutor.

Prisoner. Q. What day of the month was it you saw me? A. Tuesday, the 2nd of June—I put you on board the steamer—I do not remember saying on board, "Do you mean to deny those papers I have in my pocket? "—I did not say, "Perhaps I would make yon tell me something before we get✗ to London"—I kept the handcuffs on you all the time, excepting while you were at meals—I put you down in the hold—you slept on two sails, as you were very sulky—I kept the handcuffs on you all night—I said I would have you properly secured all the way, when I found you were so sulky—I attended you the whole day on the deck, and at your meals—there was a ladder fastened over the hold.

MR. GARDNER.This stud is mine—I bought it in the Palais Royale, at Paris, three or four years ago, and have been in the habit of using it occasionally—this was in my pocket-book—the house is my dwellinghouse—I occupy it, and sleep there.

Prisoner's Defence. On the 1st of May, about half-past twelve o'clock,

I went into the house—a women let me in—I went into my room, and Gilbert told me that he had got some money from Edinburgh, from a person he had written to several times, that he had had a cheque on his father's banker's, and he had got the money—I said, "That will do finely"—he said, "Bob, we will go away"—I said, "Why not stop here, we will be better here"—he said his father and mother would be angry—he said, "Come and take a walk at any rate"—we went out, and walked till four o'clock, and met a captain of a ship, at the Tower—he spoke to Gilbert—we went into a public-house—he gave the captain some drink—I asked Gilbert how much he had got—he said, 20l.—he gave the captain a sovereign, there was an officer, and he gave him something, and then he said he would go by the Birmingham Railway—we went, and got to Birmingham by eleven o'clock—he was going out—I asked, where—he said, "To the billiard table"—I stopped in the house till he came back, about six o'clock—he gave me six sovereigns, and said they would pay my passage to Edinburgh—I said, "I think I will go to the theatre"—Gilbert was not well, and would not go—when I came back I saw a letter written.—"Dear Bob—I am sorry to inform you I have broken into Mr. Gardner's shop, and stolen the key of the cellar, and got up and found a chisel, and I burned it, as I was afraid." I then went to bed, and in the morning I thought I would go to Liverpool, thinking he would be there before me—I told the person to be sure and send him if he came in—I went to Liverpool, and watched till one o'clock at the railway, to see if he came—he did not come—I went to the boat, and went down to Glasgow, and stopped there all Sunday, and the next morning I went away to Edinburgh, and went to the house—they asked where I came from, I told them—I slept in the house all night, and remained there two nights—I heard one night that there was search going to be made after me, as a partaker in the robbery, and that Gilbert was taken—I stopped about five days, and then Sutherland came and said, "Bob, you are wanted in Edinburgh, " and he asked if I had any property—I said, "No"—he said I must go to Edinburgh—they asked about the robbery—I told what I knew about it—Sutherland said, they wanted to make me a witness against Gilbert, and gave me two glasses of spirits—then they took me to gaol—I was there three weeks—an officer took me on board the ship, and told all the people what I was there for, and said he would make me tell him something—he said, did I mean to deny the papers that he had in his pocket? —I said, "Yes, " I did not know what they were.

GUILTY.Aged 17.—Of stealing in the dwelling-house above the value of 5l.

✗ Transported for Ten Years

See Seventh Session, p. 51.

Fifth Jury, before Mr. Sergeant Arabin.

Reference Number: t18400615-1089

1089. WILLIAM SHARRINGTON was indicted for stealing, on the 23rd of May, 1 pocket-book, value 1s.; 1 pencil-case, value 4d.; 1 knife, value 1s.; 1 pair of scissors, value 1s.; 1 cork-screw, value 6d.; and 1 pair of compasses, value 6d.; the goods of Edwin Protheroe, from his person.

EDWIN PROTHEROE. I live at Hill-house, Newnham, in Gloucestershire. I was in town on the 27th of May—I had a pocket-book in my pocket, containing the articles stated—it was safe between two and three o'clock, when I was in the lower part of Regent-street, I then went

round to Bond-street, and missed it about three o'clock—it was brought to me the same evening by an officer—this is it—(looking at it)—it has some of my cards in it, and a great many memorandums in my own writing.

Cross-examined by MR. PAYNE. Q. Are you sure you had it that day? A. Quite—I took a 5l. note out of it at Howel's and James's shop, in Regent-street, and remember replacing it in my pocket—all the instruments were in their place at that time—I am sure it could not have dropped out of my pocket.

WILLIAM HORSFORD. I am an officer of the Mendicity Society. On the 27th of May, I saw the prisoner in company with three others—I watched them—I saw them attempt to pick different pockets, both ladies and gentlemen—I did not know him before—after having watched nearly in hour, I sent for assistance to take them for attempting to pick pockets—I searched the prisoner at Vine-street station-house, and in his righthand pocket I found the pencil-case, compasses, and knife—I said, "Whose are these? "—he said, "My own, I bought them yesterday"—I made further search, and found the pocket-book in his coat pocket—he said he bought that yesterday—I then found four cards in the name of "Protheroe, " and then I went and asked him if he knew the name in the book—he said, "No, " he had had it given him.

Cross-examined. Q. Did you take the others into custody? A. Yes, they were remanded and discharged—I saw the three persons—they all tried the pockets—there were six or seven people present at the stationhouse—if I saw a person commit a robbery I should take him.

GUILTY.Aged 29.— Confined Six Months

Reference Number: t18400615-1690

1690. WILLIAM JONES and FRANCIS BIRCH were indicted for stealing, on the 26th of May, 1 sovereign, 2 half-sovereigns, 12 halfcrowns, 2 shillings, and 2 sixpences, the monies of William Wheeler, from his person.

WILLIAM WHEELER. I am a labourer, and live in Fox-street, Bethnal-green. On Tuesday the 26th of May, I had been to my club, at the White Swan public-house, Whitechapel, and received 12l. 4s. 4d. in sovereigns and half-sovereigns, and a good many half-crowns—I was going along Brick-lane at twelve o'clock at night—I was a little the worse for liquor—I got into conversation with the two prisoners somehow or other—I never saw them before—they said they would see me home—I asked if they would have any thing to drink, to get rid of them—I went to a public-house and treated them with a drop of gin—I went on to the corner of Gibraltar Walk—I do not know whether I fell down or was knocked down, nor whether they were with me at that time—I know I was down when the policeman came up—I was hurt—I got a kick in the loins.

Cross-examined by MR. PAYNE. Q. How many public-houses did you go into? A. Two; my club was one—I cannot say whether I spent a part of my money—I had got 12l. and more when I left the house—the prisoners got into conversation with me—I did not want conversation with them, I wanted to get rid of them—I believe I got the blow from a kick.

THOMAS DAVIS. I live with Mr. Day, in Bethnal-green-road. On the 26th of May, I was with Chamberlain down Church-street, Bethnal-green,

and saw Wheeler lying on the step of a door—he appeared drunk—I saw Birch come up—he looked at the old man(the prosecutor) and said, "Come old man, get up"—he lifted him up, put him against the shutters, and the money rolled about—Birch said, "Have you lost any? " and looked about on the stones for his money—he did not find any then—he caught hold of the old man's arm, and led him along, and when they got about two steps, Jones came up striking a Congreve light—he went to the side of Birch, and Birch said, "He has got plenty of money under his other flap"—then Jones went and caught hold of his other arm, and in going past a turning, Jones dropped some money, which sounded like silver—Birch said, "1sthat yours? "—Jones said, "Yes, " picked it up, and put it into his pocket—then they walked up as far as Brick-lane, opposite a public-house—Birch told Jones to get some gin—they asked the old man for some money—he said, "No"—they went in together—then they came out and ran up Church-street—I and Chamberlain hallooed out, "Old fellows, we will split, " and when we got to the policeman we told him of it.

Cross-examined by MR. PHILLIPAS. Q. What is splitting? A. I hallooed out to frighten them—I meant to tell of them—I have never been in these things before—I had been to Drury-lane with some work for my master—I did not go out until half-past eight o'clock—I make deal tables—I had not been home—I was out with goods—I had not deal tables with me then—I did not see Birch take any money.

Cross-examined by MR. PAYNE. Q. All you saw was, that Jones dropped some money and picked it up again? A. Yes, I did not see any one take any money from the prosecutor—I do not know where I leant the word split—I am seventeen years old—I had taken three tables to Drury-lane that evening—I got there about half-past ten o'clock—I carried two on my shoulder, and the other boy one—it was to a broker's shop—I did not get home till ten minutes to two o'clock, after I had been to the station-house—we stood peeping into the public-house that the prisoners went into—it was Mr. Cross's house, and I believe Mr. Cross served them—I saw one of them with a glass in his hand, going to drink.

JAMES CHAMBERLAIN. I work with Davis—I recollect that night being in Church-street with him, and seeing the prosecutor lying on a step in Church-street—Birch came, picked him up, and asked him if he had let any money fall—then he looked on the ground, and could not find any—Jones came up and struck a Congreve light—then they got hold one of each of the prosecutor's arms, and some of the old man's money fell—it was silver—I do not know how much—Birch said, "Whose is this? "—Jones said, "Mine"—he picked it up and put it into his pocket.

Cross-examined by MR. PAYNE. Q. Where had you been? A. To take out my master's work—we had been to a broker's shop in Drurylane with tables—I carried one—it was about twelve o'clock when we saw the prisoners—I live at my father's, but I was going then to my master's.

THOMAS SMALEY (police-constable H74.) I was on duty—I first saw these two boys—they gave me information—I then saw the prosecutor going up Bethnal-green-road, and the two prisoners came running after him—the prosecutor turned the corner of Gibraltar-walk, and the prisoners followed him—I went and found the prosecutor lying on his back, and the prisoners leaning over him—Jones was on his left-side, and had his hand against his waistcoat pocket—Birch was on the other side, and had hold of his breast, but before I could take him he had loosed his hold—I stepped

up and collared them both—I heard the jingling of silver from Jones—my brother officer came up, and I turned Birch over to him—I challenged Jones with robbing the old man—he said, "No, I have not"—I said, "What money have you got? "—he said, "Eighteen-pence tied in a handkerchief, and one penny"—I asked if that was all—he said, "Yes"—I said, "Show me the 1s. 6d."—he pulled out his handkerchief, and he had 1s. 6d. in it—I said, "Show me the penny, " and he pulled it out of his waistcoat pocket—I said, "I consider you have got more"—I saw his hand was dosed—I wrenched it open, and found in it a shilling—I asked him who that belonged to—he made no answer—I then shook the thigh of his trowsers, and a half-crown dropped down—I found two more half-crowns slipping down, and caught them at the bottom—I took him a little further, and two more dropped—he had two more in his pocket, and at the stationhouse I found one more and three shillings—this small coin (producing one) dropped from him, which he said was a sovereign, and I believed it was at the time—I kept it in my hand, and at the station-house I found it was copper—he then said it was a farthing—at the station-house he said he had got another penny—Birch stated that he had got two shillings and three-halfpence on him, which I found was correct.

Cross-examined by MR. PHILLIPS. Q. Do you mean that you saw Birch touch the old man at all? A. Yes, I stated so before the Magistrate, sod it was read out to me in my deposition.

JONES*— GUILTYof Stealing, but not from the person. Aged 19.— Transported for Seven Years

BIRCH— NOT GUILTY.

Reference Number: t18400615-1691

1691. CHARLES WATSON was indicted for stealing, on the 8th of June, 1 necklace, value 5s., the goods of William Hawtin, from the person of Elizabeth Hawtin the younger.

ELIZABETH HAWTIN. I am nine years old—I go to church, and know the necessity of speaking the truth. On the 8th of June, I was in a street near Finsbury-square, drawing a chaise, with a little boy and girl in it—I had a necklace on—I saw the prisoner—he came and tied a string round my waist, and tied me to the chaise—I thought he was at play with me—he then took my necklace off and ran away—he was taken directly.

GEORGE YOUNG. I live in Finsbury Market. One of the neighbours gave an alarm, I ran out and pursued the prisoner about one hundred yards—I took him—I cannot tell what became of the necklace—it is lost altogether.

ELIZABETH HAWTIN. I am the wife of William Hawtin. The witness is my daughter—I sent her out with a coral necklace on of four rows of beads—it is quite lost.

GUILTY.*Aged 15.— Transported for Ten Years

Reference Number: t18400615-1692

1692. MICHAEL COLLINS was indicted for stealing, on the 6th of June, 1 brush, value 1s. 6d., the goods of Joseph Cockerton.

JAMES BRADEY (police-constable B134.) On the 6th of June I was coming from Paradise-row, Chelsea, and saw the prisoner with something under his jacket—I took him, and found it was this brush.

JOSEPH COCKERTON. I keep the Royal Hospital public-house at Chelsea. This brush is mine, and was taken out of my parlour window—the

prisoner's father rented a house of me twelve months ago, but is now dead—his mother married again and turned him out.

Prisoner's Defence. The window was open—I saw the brush and took it.

GUILTY.Aged 14.—Recommended to mercy by the Jury.— Confined One Month

Reference Number: t18400615-1693

1693. WILLIAM LANE was indicted for stealing, on the 11th of June, 1 wooden board, value 9d., the goods of Thomas Cubitt.

JOHN LADDER. I am employed by Mr. Thomas Cubitt to watch the Belgrave-road. On the 11th of June I was sent for and found the prisoner had been stopped with this board, which is my master's—the prisoner did not work for my master, but I have seen him about.

CHARLES YOUNG. I saw the prisoner take the board from the sewer—he put it under his arm and walked away with it.

JOHN JEFFRIES. I saw the prisoner going down the road with the board on his shoulder—I overtook him at the Monster public-house near the wooden bridge—it was about half-past one o'clock.

Prisoner. I admit picking up the board, but not with an intention of stealing—I thought it fell from some rubbish—I did not take it from the sewer, but from the bank.

NOT GUILTY.

OLD COURT.—Monday, June22nd, 1840.

Third Jury, before Mr, Sergeant Arabin.

Reference Number: t18400615-1694

1694. ELIZA M'CARTHY was indicted for stealing, on the 9th of Jane, 1 gown, value 10s.; 2 petticoats, value 4s.; 5 handkerchiefs, value 1l.; 1 pair of shoes, value 2s.; 1 pair of stockings, value 9d.; 1 shift, value 3s.; and 1 apron, value 6d.; the goods of the President, Vice-President, and Governors of the Refuge for the Destitute.

ANNA MARIA BEEVES. I am one of the Matrons of the Refuge for the Destitute. The prisoner was an inmate there under me, and had been there thirteen or fourteen months—on the 9th of June I missed her between five and six o'clock in the evening, and on examination I missed the various articles stated in the indictment—five of them have been found since—I have looked at them before—they belong to the various customers, and we must make them good.

WILLIAM COOK. I apprehended the prisoner on Friday, the 13th of June, in Maidenhead-court, Wheeler-street, Spitalfields, dressed in these articles—I have the Act of Parliament incorporating the Society.

GUILTY.Aged 17.— Transported for Seven Years

Reference Number: t18400615-1695

1695. ANN JAMESON was indicted for stealing, on the 10th of June, 6 yards of silk, value 1l. 13s. 6d.; 10 handkerchiefs, value 1l.; 20 yards of ribbon, value 5l.; 9 yards of cam brick, value 11s.; and 43 yards of muslin, value 4l.; the goods of Robert Sharland and others.

WILLIAM EDGER. I am in the employ of Robert Sharland and others, linen-drapers, in Bishopsgate-street. On the 9th of June the goods stated were sold to Messrs. Smith, of Bedford—they were directed to be first sent to a house in the City to be enclosed, and from there to be sent to No. 3, Plummer's-row—the porter was sent with them.

JOSEPH IRISIN. I am porter to the prosecutors. I saw the articles picked up on the 9th of June—I went with the parcel to Messrs. Waylock to be enclosed—they directed me to take it to Mrs. Terry, 3, Plummer's-row, City-road, for the purpose of being sent to Bedford—I could not find Plummers's-row, but went to 3, Plummer's-place—I saw the prisoner there and inquired for Mrs. Terry—she said, "I am Mrs. Terry"—I said, "I have got a parcel for Messrs. Smith of Bedford"—she said, "It is all right, I am Mrs. Terry"—I left the parcel, confiding in the truth of her representations—about five minutes after I found out that I had left the parcel at the wrong place—I directly went back to the same house and knocked at the door, but could not get admittance—I remained about the house till six o'clock (it was about eleven o'clock when I first went)—I got a police-sergeant to be with me—I afterwards saw the parcel in his possession—it contained the same things I had seen packed up—these are them—(looking at them.)

ANN JAMESON. I am sister-in-law to the prisoner—she lives at No. 3, Plummer's-place. On the 9th of June I was in Bartholomew's Hospital—the prisoner brought me a parcel there tied up, and said it contained clean clothes for her to work on—the police-sergeant afterwards came, and I gave the same parcel to him.

MARY TELFER. I am married—I knew the prisoner about twelve months ago—she took a little house in Draper's-buildings, where I lived then—I now live in Old-street—she came to me on Wednesday evening, very tipsy, and said she had got some things from tht tally-shop, and was afraid to take them home, as her landlord was going to take her goods—I said I would mind them for her—she said she would come for them on Friday afternoon—I kept them till then, when the policeman came and took them and took me in charge.

JAMES CLARKE (police-constable N15.) I found part of the property at Bartholomew's Hospital, and part at Teller's—I took the prisoner into custody—she denied all knowledge of the parcel or the porter.

Prisoner's Defence. I was very tipsy, and cannot recollect any thing about it; I was tipsy when the man left it; a man frequently calls at the house for things which are left there to go into the country.

GUILTY.*Aged 32.— Transported for Seven Years

Before Mr, Baron Parke.

Reference Number: t18400615-1696

1696. RICHARD GOULD, alias Arthur Nicholson , was indicted for burglariously breaking and entering the dwelling-house of John Templeman, at St. Mary, Islington, about the hour of eleven in the night of the 16th of March, with intent to steal, and stealing therein, 1 half-sovereign, 20 half-crowns, 57 shillings, and 8 sixpences, his monies. Three other Counts, laying the property in the Ordinary of the Dioeese, the Archbishop of Canterbury, and the Lord Bishop of London.

MESSRS. BODKIN and BALLANTINE conducted the Prosecution.

MARY THORNTON. I live in Pocock's-fields, Islington. I know the residence of the late Mr. John Templeman—that is also in Pocock's-fields, and in the parish of Islington—I was in the habit of doing work for Mr. Templeman about the time in question. On Tuesday morning, the 17th of March, about half-past eight o'clock, I received some information from my daughter, in consequence of which I went to Mr. Templeman's house—I found the door closed and fastened—I went to the parlour window after

knocking at the door, as I could not get in—I found the window open about a quarter of a yard—I could see nearly all over the room as I stood at that window, but not quite—it was usually fastened inside by a little button just below the glass which was broken—the glass was broken at the side where the button was—the window opened on hinges—I could put my three fingers into the hole—by doing so the button could very easily be reached—when I left it, there was a piece of paper over the hole, and a nail to fasten the paper, and a piece of glass in it likewise—it was a broken window mended with a piece of paper and a nail to keep the broken glass in—the nail was at the side—that was the state of the window when I had observed it before that morning—I did not notice which was gone in the morning, the paper or the glass, one of the two was—I did not look for the glass—after looking at the parlour window, I went round to the bed-room window, it was shut—I could see between the two curtains all over the room—the bed-room is on the ground floor—there are only two rooms in the house—on looking through the bed-room window, I saw the body of Mr. Templeman lying on the floor—he appeared quite dead—he was undressed, in his night-shirt.

Q. What aged man was he? A. They put him down as seventy-two on his coffin—he told me he was four years older than me—I am sixty—I had seen him the evening before he was murdered, about six o'clock, within a very few minutes—I think I had not cleaned his place for a fortnight before—I had not noticed the window the day before—on the Sanday morning I observed that it was broken, and mended as I have stated—I know he had a little square box—when I saw it he had silver money in it—I saw it on the Monday evening that he was murdered, about ten minutes before six, when I left him—it was on the table—he opened it to show me the money—I think there was about 3l. or 4l. in it, or there might be 5l.—it made a great show—it looked all in silver—I saw no other coins—I could not see in what coins it was—he said, "I have been to receive my rent this morning, and they have paid me all in silver, " and pointed it out—after seeing the body of Mr. Templeman I went home—I had received instructions from him, in case any thing happened—the moment Caprani, my son-in-law, came home I mentioned it to him; but I mentioned it to my landlady almost directly I found it out myself—when Caprani came home, in consequence of the directions I had received, I sent him off to Mr. Templeman, jun.—I had been directed by the old gentleman, if any thing should happen to him, to send to young Mr. Templeman.

Prisoner. Q. You were very often in the habit of being with Mr. Templeman, and cleaning in his house? A. Yes—I have seen you serve him with beer while you were at the Castle public-house—I cannot say how long that is ago—the last time I saw the window was the Sunday before the murder—I have seen you stop to converse with Mr. Templeman.

FRANCIS CAPRANI. I am a watchman at Sadler's-wells Theatre, and am son-in-law of Mrs. Thornton. I used occasionally to work for Mr. Templeman, in his garden—I saw him on Monday, the 16th of March, about ten minutes or a quarter to six o'clock in the afternoon—that was after Mrs. Thornton was there—I saw him at his own house—my motherin-law brought me a message that he wanted to see me, and I went overhe said, "Now I will settle with you"—he paid me 7s. which he owed me—he took it from a little mahogany box which stood on the table—there were a quantity of half-crowns, shillings, and sixpences in it—I was there

about ten minutes—he left the box open on the table, when I went away—there appeared nearly between 3l. and 4l. in the box—there might be more or less—I saw nothing but silver—my duty, ae a watchman, keeps me at the theatre all night—I leave the theatre at eight o'clock of a morning, but my partner did not come till about ten minutes to nine o'clock, on the 17th, and I did not leave that morning till then—on this being discovered, I was taken into custody, and detained till next morning, when the Magistrate discharged me—I have resided there ever since.

Prisoner. Q. How long had you been at work for Mr. Templeman? A. I was at work for him about a fortnight or three weeks before—I finished the piece of ground on Monday, the 16th of March—I know Jarvis's cottage.

Q. Did you ever, while you were at work on that ground, see me in, at, or near Mr. Templeman's or Jarvis's cottage? A. Not that day—I did not see you—I never noticed you in the garden—you could go there without passing me, but not in the ordinary path, without pausing me, when I was there—you might pass without my noticing you—I did not see you—I should not think you could have passed without my seeing you when I was working in the garden.

JANE LOVETT. I live at No. 2, Northern's-buildings, Somers-town—I am married—I held my house of Mr. Templeman. On Monday, the 16th of March, I paid 3l. to Mr. Templeman, on account of my rent—it was from a quarter to ten minutes to twelve o'clock in the day—he came by appointment—I paid him five or six half-crowns, one half-sovereign, and the rest in shillings, and as near as I can say, six or seven sixpences—3l. was the turn I paid him.

HANNAH MORGAN. I am the wife of James Morgan, of Skinner-street, Somers-town. On Monday morning, the 16th of March, the late Mr. Templeman came to my house at half-past eleven o'clock—he went away, and returned again in a quarter of an hour—he sat for some time, and asked me to lend him 3l.—I lent him 3l.—it was fourteen half-crowns and twenty-five shillings—he returned me one shilling—he had 2l. 19s. from me—he left my house at half-past three o'clock, and went straight for his own house, which is about two miles from mine.

Prisoner. Q. What could occasion you to notice so particularly the coins you paid him? A. Because I counted it out into his hands—the fourteen half-crowns I had noticed from where I took them from—none of them were marked, to my knowledge.

Q. Have you never said they were? A. I have said no more than that I had a marked shilling in my possession, but whether I gave it him or not, I cannot say—he did not say he was going to pay any money away.

MR. BODKIN. Q. Have you, since you said that, looked for that marked shilling? A. I found it in my possession when I got home, and therefore I did not give it to Mr. Templeman.

Prisoner to JAMES LOVETT. Q. I think you stated that Mr. Templeman told you he was going to pay some money away that day? A. He never said a sentence, nor did I ever say that he did say so to me—he never named it.

HENRY WRIGHT. On the 12th of March I was potman at the Duchess of Kent public-house in Devereux-street, Dover-road. I had known the prisoner about nine months at that time—I saw him on the 12th of March, about twenty minutes to eight o'clock in the evening, at the Duchess of

Kent—he came into the tap-room, called for half-a-pint of porter, and threw down a penny—he said he had got no more money—I brought him a pint of porter—I did not take any thing for it—I did not take up the penny—I then went out with my eight o'clock beer—I came back about half-past eight o'clock, and on my return saw the prisoner standing opposite the house—I came past him—he was talking to a person named Squires—I had some porter in my tray, and I, and Squires, and Gould, drank some porter together—it was some of the porter which was not taken by the customers—I pay my roaster for what beer I take out, and he keeps a check on me—after finishing the beer, Squires left us, and went home—I and the prisoner walked up the street—in going up the street, he said he had been very badly off, he was without money, he had been ill, and was getting worse—he said he knew an old man who had got money—I asked him how he knew the old gentleman had got money—he said he had bid 25l. for a cottage, and had flasheda 50l. note, and said if that was not enough, he had got more—I asked him where the old gentleman lived—he said it was no matter, it was not far from home—I knew the prisoner lived in Pocock's fields—I do not know that he lived there at that time—I knew it a week previously—I know Mr. Templeman's cottage—the prisoner said the money would be like a gift to him, as he well knew where it was, and could put his hand on it—he said he kept it in a drawer, and that there was more—he also said he was b—pinched, and he would be d—d if he would not have the money—he said he should like a right onealong with him—I said, "A right one? "—he said, "Yes, a right one, or I could do it myself"—we then parted company—I went round with my porter at nine o'clock, and about half-past nine I met Squires.

Prisoner. Q. How long had you lodged with me at Allen's? A. Fire or six months—you did not lodge there the whole time with me—you were away a fortnight, or it might be longer—in the course of that six months I never knew you to be out for any improper purpose—I hare known you out till past twelve or one o'clock—I cannot say that I have known what you have been upon, perhaps you have been after a situation, and stopped at public-houses—I never saw a lantern lying about Allen's cottage during the six months I was there—it is the custom with potmen to treat one another when out of place.

Q. Suppose I had come to you, and said, "I have 5d. or 6d. in my pocket, I do not know how soon I shall want it, will you treat me with some beer? " would you have given it me, or expected me to pay for it? A. I should have given it to you—I cannot say that I have frequently denied having money, for the sake of getting beer for nothing—I recollect being at the Craven Arms public-house, at Paddington—I have no recollection how much money I had in my pocket then—I cannot recollect that I denied having any money then, when I had 1l. in my pocket, taken for an old debt—I do not live at the Duchess of Kent public-house now—I work at tailoring—I am looking after a situation—I have not been able to take one—I life upon my savings now, which I have put by—I once lived at the Hope and Anchor public-house—I left there, because I bad a few words with my master—nothing occurred to my fellow-servant—I have never been in custody for felony—I was in custody, but never convicted—it was on suspicion of stealing a cash-box—after I was discharged I got a situation, where I formerly lived—I had opened a beer-shop before that, and failed, after I had had a service of nine years.

Q. Was I not generally in the habit of collecting my debts on a Sunday morning, while you lodged with me? A. Yes, you used to go out for whatever there was—you have told me you had got 4s. or 5s. owing to you at the cottages—I have had as little as 4s. or 5s. owing to me from customers—when I saw Squires, I asked him if you had said anything to him, he said, "No"—I told him what you had said, that you had been talking of committing a robbery—I did not tell Squires the whole that passed between yon and me—I told him what you had said about intending to commit a robbery on an old man—I was never detected in the cellar of the City of London public-house, City-road—I never left my hat in the cellar.

MR. BODKIN. Q. How long is it since you left the Duchess of Kent public-house? A. Four weeks—since that I have been attending at Bowstreet and other places, on this inquiry—I was not tried for stealing the cash-box—I was taken to Hatton-garden, and had a bearing—the Magistrate discharged me, and the person in whose service I had lived nine years took me again.

Prisoner. Q. Was that the house the cash-box was stolen from? A. No, close by.

JOHN RICHARD JOBSON. I am a print-colourer, and live at No. 7, Dorset-street, Spital-fields. In March last James Rogers lodged in the same house as me—on Friday, the 15th, the prisoner came there—I heard him inquiring for Jem—he did not say Rogers—(I did not know the prisoner before by the name of Gould—I have known his person for the last four or five years, in the capacity of pot-boy—I only knew him as Dickor Richard)—I went down stairs, and found him in the passage—I said, "Well, Dick, how do you get on? "—he said, Middling-like—he wanted to see Jemvery particularly—I asked what he wanted to see Jemfor—he said he wanted to borrow a screw—as far as reading goes, I consider that means a picklock-key—I have read that term in a published work—I asked him what he wanted a screwfor—he stated to me that he was going to servean old gentleman in a lonely cottage—the term "serve"specifies to commit a robbery—I told him he had better not do any thing of the kind, if he did he was sure to get transported—he said he might as well be transported for that, for if he was taken as a deserter, he should be sure to be transported—a fight then took place at the bottom of the street, and I and the prisoner went down to look at it—I knew the prisoner by being up at our place—I gave him shelter eight or nine nights, and lodging and victuals, as well as I could for a poor man—I have seen him in what they call an undress—he was in the 11th Light Dragoons, I believe—after the fight was over we returned back to my own door—Jemhad not come then—I had not seen any thing of Jemat all—I said to the prisoner, "Good night"—he said, "You had better not go yet, for I want to see Jamvery particularly"—I said, "What do you want to see Jemfor? "—he said, "I want to borrow a darkey, it might be handy"—a darkeymeans a dark-lantern—I told him if he went over to the public-house (the Bluecoat-boy in Dorset-street) and waited a quarter of an hour, no doubt he would find Jemthere—he said it was no use going to a public-house, for he had no money—I then bid him good night, but be said he was going to servethe old gentleman on Saturday night, and should go and see his aunt on Sunday, and if he did servethe old gentleman, he would call and let me know on the Sunday—it was about half-past seven o'clock when I first

entered into conversation with him, and I got into John-street, Spitalfields just as the clock struck eight.

Prisoner. Q. Now, Mr. Jobson, what work is this to which you allude, as having seen these words in? A. Tom and Jerry—I have seen it in two works—I have seen it in——

Q. Have you never stated that it was in "Bell's Life in London" that you saw them? A. That was a misunderstanding altogether—you were in my company twenty or twenty-five minutes altogether—I said before that it might be about a quarter of an hour—I am speaking from the time of seeing you in the passage till I got to the public-house, butit✗ was half-anhour from the time I left my room—as I am lame, it would take me five or six minutes to walk to thep ublic-house—I went to the Weavers' Arms public-house, Brown's-lane.

MR. BODKIN. Q. What did you go there for? A. To take a pint of beer—that was after I had been with him—I should say it is not further than from here to St. Sepulchre's church.

Prisoner. Q. You say there was a fight at the top of the street? A. At the bottom—seven or eight rounds were fought—none of this conversation took place while the fight was going on—the fight lasted six or seven minutes—they were no sooner up than they were down—I colour caricatures, or any thing I can to get my living—I have done some hundreds or thousands of religious prints, and through seeing you I have not got one to colour—my work has been stopped—I am not in the habit of dealing—I have been to fairs and races for pleasure—I never buy things there and bring them to London—I have been twice in custody, once for being drunk and disorderly, and once for being in company with a drunken man who give me into custody for robbing him of a shilling—you were in my company then, and offered the man 5s. to abandon the charge; and after being there the man came and wanted the policeman to let me go, but he said the charge was booked—I should say your character was equally as good as mine at Spitalfields at that time, only you were a deserter at the time.

MR BODKIN. Q. The charge of stealing a shilling was entered on the sheet, and you could not be liberated? A. Yes—I went in the morning to Worship-street, and was discharged without witnesses being called—I have worked for the last fourteen years for Mr. Marks and Mr. Fairburn.

JAMES ROGERS. I am an umbrella-maker, and live at No. 7, Dorsetstreet, Spitalfields—I have known the prisoner five or six years—I knew him when he first enlisted. On Friday night, the 13th of March, when I was coming home, the prisoner was between the door and the window, in Dorset-street, between eight and nine o'clock—the first word he said was, "Jem, you are just the chapI want to see"—I said, "What do you want to see me for? "—he said, "I want you to lend me two screwsand a darkey"—I thought he meant two skeleton keys, but he did not say skeleton keys.

Q. Is that the slang term for skeleton keys? A. I do not know much about the slang terms myself—I told him he might as well ask me for a 500l. note as for such things as those—he said nothing more—I said, "I am sorry to see you as you are, but I have got no money, or else I would standsome beer"—he said he had no money—I asked my brother-in-law, who had been with me coming from Thames-street, to pay for a pot of beer—he said he had no money, but he went home to fetch some, and I

went with Gould to the public-house—we called for a pot of beer, and while we were drinking it my brother-in-law returned and paid for it—I parted with Gould about nine o'clock, or not so much.

Prisoner. Q. Before you came to give any evidence against me, had not you had some conversation with Jobson? A. None in the least—I now and then read the newspaper, but very seldom—if I heard any thing of the newspaper, it used to be more told me than reading it myself—it was tn consequence of what I saw in the newspaper that I came to give evidence—it was stated in the newspaper that I was not yet in custody, and I thought, not having any crime against me, that the best way would be to make my appearance.

Q. That was the cause of your making out this tale? A. I believe it it truth what I have stated—I had heard the phrase screwsbefore, as meaning skeleton keys, and darkeyas meaning a dark-lantern.

Q. Do umbrella-makers generally keep such things? A. No; but I formerly kept an old-iron shop, and I suppose you thought I might have such things—you did not want to purchase them, but to borrow them—I could not say whether you were serious or joking—I passed it myself y a joke, but I cannot say what your intention was.

Q. If you had not seen your name mentioned in the newspaper, should you have thought of coming to give evidence? A. You are the last person in the world I should have come against, or thought of coming against, or seeing in the situation in which you are placed—I said I was sorry to see you as you were, because you seemed to be so poor, and when you were in the public-house you always had a shilling in your pocket—you told me you had no money—I believe you said so after I said I was sorry to see you as you were, but I will not be positive.

MR. BODKIN. Q. What was his general appearance? A. He was generally dressed in a plush waistcoat—he was not dressed so well as I had formerly seen him.

JOHN FRIMLEY. I am landlord of the Rainbow public-house, Liverpool-road, in the parish of St. Mary, Islington. I know Mr. Templeman's cottage—it is nearly half a mile from my house—I know the prisoner—I saw him at my house on Monday evening, the 16th of March—I first saw him about five o'clock—he was then in the tap-room—he was in the skittle-ground during the evening, but I was not there myself—I remember an altercation occurring in the tap-room about eleven o'clock—Gould was in the tap-room at that time—I cannot say whether he had continued at my house from five till eleven o'clock—he might have left and returned again—I saw him leave my house, about twenty minutes before twelve o'clock, in company with several others who were in the house at the time—the prisoner appeared sober then—I saw him again on the Tuesday about three o'clock in the afternoon—to the best of my recollection, he was there the whole afternoon—the last time I saw him was about seven o'clock—I had only seen him on one occasion between the time he came and seven o'clock—he had been drinking a portion of beer in the tap-room, and he afterwards went into the skittle-ground on that day.

Prisoner. Q. In the course of your experience as a publican, have you not frequently seen persons who prefer denying having money in their pocket to throwing it away foolishly in beer, if they can get it for nothing? A. I have sometimes seen people reluctant to pay for beer after they have drank it—I do not recollect taking any money of you on the Tuesday after

noon—you were not more forward in paying for beer that day than on the Monday—what you have had at my place has been very little.

ROBERT PIZEY. I am a shoemaker, and live in Elder-walk, Islington—I was at the Rainbow on Monday evening, the 16th of March, in the skittle-ground along with King—I went there about six o'clock—King was there before me—the prisoner came in between seven and eight o'clock—he said he should like to have a game at skittles, but he had but 1 ½d., and if any one would lend him a 1d. he would make one of four for a pot of beer—a pot of beer comes to 5d.—if two persons lost a game, they would have to pay 2 ½d. each—Gould said the potman there would be answerable for a pint for him—Gould and I were partners, and we won—he had no occasion to pay any thing—when we came out of the tap-room after playing at skittles, it was about a quarter to twelve o'clock, as near as possible—I had lost one pint, but I was not the prisoner's partner then—I gave him 2 ½d. to play off, but that was not spent—he won the pot of the other man—on the whole, he was a winner, because he did not lose any thing—about eleven o'clock, before I left the house, I had occasion to go out for half-an-ounce of tobacco—the prisoner asked me to fetch him a rushlight, and gave me two halfpence to pay for it—I got one at the same shop I got the tobacco at—I returned with the rushlight and gave it to him—he put it into his pocket—he had a fustian coat on, similar to a shooting jacket, with an outside pocket—about a quarter to twelve o'clock, I left the house—I parted from him at the door of the house—I saw no more of him that night.

Prisoner. Q. How far is the shop where you bought the rushlight, from the Rainbow? A. I should say forty yards, not more—it was on Felix-terrace—you did not make any secret of it—I brought it back in the tap-room before all the rest.

Q. Don't you think, if I meant it for any secret purpose, I should have fetched it myself? A. I do not know; you are not the first man I have fetched a candle for.

ROBERT KING. I am a chimney-sweepar, and live at No. 8, Felix-street, Islington. I know the prisoner—I was in his company on Monday the 16th of March, at the Rainbow public-house, playing at skittles with him—he came in about half-past seven or eight o'clock into the skittle-ground—we continued playing till very near eleven o'clock—we then went into the taproom, and had two pots of beer—I paid for it—I bad lost it—when the prisoner first came into the ground, he said that be had only three halfpence in his pocket—I left the house about a quarter to twelve o'clock, with him—I did not see the prisoner pay for any thing while he was there—I did not see him pay for the rushlight—I did not see it brought in.

Prisoner. Q. After we left the house, how long did we stay talking outside the door? A. A very few minutes, not five minutes—we were not together five minutes after we came out of the house—I did not leave you there, because you went up towards the workhouse, up by Laycock's, towards Park-street.

COURT. Q. Did he go away by himself? A. Yes—he crossed over from the Rainbow on the workhouse side—he did not go before I left the Rainbow door—we bid one another good night, and parted; he crossed to the workhouse, and I had to go right facing down my street—no one was with him when he parted from me—he went towards Allen's cottage where be was living—he went the way that would lead there.

Prisoner. Q. Did you see any thing unusual in my manner? A. No—I did not tee any thing in your possession at all.

MR. BALLANTINE. Q. Do you know Mr. Templeman's house? A. Yes; he went towards that way—it is near Allen's.

MARY ELIZABETH KING. I am wife of the last witness. On Monday, the 16th of March, I went to fetch my husband home from the Rainbow publichouse—I found him in the tap-room—Gould was there—we all came out together about twenty minutes to twelve o'clock—I noticed something in the prisoner's pocket, it was long and it stuck out—we parted from the prisoner about three minutes after we got out of the house—I and my husband went home—I saw the prisoner go away, he went towards Mr. Templeman's—no one went along with him; he went alone—what I observed in the prisoner's pocket was larger than a rushlight; it appeared long—the cost pocket stuck out a good deal on one side.

Prisoner. Q. How long were you at the Rainbow? A. About a quarter of an hour—it wanted twenty minutes to twelve o'clock when we came out—the thing in your pocket was long, and apparently, it was a bundle in one corner of your pocket—while I was in the Rainbow, I was against the door—I sat down—I was in company with some one—the room is divided into boxes—you sat against the fire-place.

Q. Have you the audacity to swear that you could see, in those few minutes, from one box to the other, what I had in my pocket? A. When you got up and turned yourself towards the fire-place was the time I saw it—I have never said I saw it sticking out of your pocket—I saw something in your pocket—I was subpoenaed this morning—I do not know why my evidence was not taken at the Police-office—I was at the office.

COURT. Q. Could you form any judgment what this was in his pocket? A. As well as I could see, it was a piece of wood, or something.

MR. BODKIN. Q. About what was the site of what you thought was the bundle? A. It was round—it was larger than that inkstand, or about the size of the bottle—I did not see any part of it, nor any part of what was like a piece of wood—I should say it was about a foot long—I was fetched as a witness this morning—I had not been told to be here to-morrow—I was examined on the last trial.

CHARLES ALLEN. I am a shoemaker, and live at Wilson's cottage, Pocock's-fields. I have lived there three years next Michaelmas—I have known the prisoner about a twelvemonth last March—on Sunday, the 15th of March, he slept at my house—he had been stopping there seven or eight days—he was out of employment at that time—he had lodged at our house several times, for short periods—he slept in a room with two of my young children, one about six, and the other four years old—he did not generally take his meals at our house—I do not know where he usually did, during the eight days—he got up between seven and nine o'clock on Monday, I think—I never saw him any more that day at all—I was awake when he came home in the night or on Tuesday morning—I cannot exactly say the time—it might be between twelve and three o'clock—the day was beginning to break when be came in—it must have been nearer three than twelve o'clock—my wife was also awake—the door of the house was left unfastened, for him to let himself in; that was the custom—I did not speak to him myself when he came in, but my wife said, "It is very late, Richard, " or "early"—I am not confident which, and he said, "It is early"—nothing more passed then—he went to bed—I am confident he

was sober—he would not have to pass through my room to get to his—he would have to open my front door, and exactly at the same time as he opened the front door, he would open his own door—it was quite light, so that I saw him pass from one door to the other—the front door opens immediately opposite to where I was sleeping—he merely bad to pass the corner of our room—he had to come into it—he got up next morning about the same time as the morning before, between seven and nine o'clock—when he came out of his bed-room, be came right across our room, and went out at the door leading to the wash-house—I and my wife were sitting at breakfast in the same room as we sleep in—there is a privy which you can go through the wash-house to go to, or there is a way round without going into the wash-house—you can get to it without coming through the house, by coming up the garden, and going round the house—the privy is in the same wall as the wash-house is—a person outside the house could get to it without having to get over any fence or wall—I have half an acre of garden, and the house stands in the centre—it is not enclosed in any particular way—part is fenced, and part not—you can get to the privy from the garden without coming into the house, or getting over any fence or wall—no stranger has a right to come into my garden—I am confident the prisoner went into the privy when he went into the wash-house, because I beard him lift up the latch of the door—I heard the latch of the privy door close, so I am confident be either opened or shut it, I cannot tell which—I do not recollect whether my wife went into the wash-house while he was there—I saw him come out of the place again—he had been there between twenty minutes and half-an-hour—he had on a pair of heavy nailed shoes, which I had made, and when he came out of the wash-house they were blacked, and shined—he frequently cleaned his shoes of a morning—he left the house immediately he came out of the wash-house—he passed through the house, bid us good morning, and went out—I saw him again between seven and eight o'clock that same evening at my house—I had been out to fetch a pint of porter for supper, and when I came home I found him sitting in my place—my wife was there with him—I had at that time heard of the murder of Mr. Templeman—my cottage is between 300 and 500 yards from Mr. Templeman's—when I came in, my wife was holding conversation with the prisoner respecting the murder—I sat down, and did not interfere with the conversation, till Richard turned round, and said, did not I suppose that Mr. Templeman bad done it himself? —I said, "Richard, it is not very likely that after his hands were tied, and his head bound up, that he had committed suicide; it did not look feasible"—I do not remember that he made any reply to that—my wife still continued conversing with him—whilst I was sitting, having some supper, Richard said he should like something to eat, and he asked me if I would go and fetch him a slice of bacon, and a pot of beer, and some tobacco—I said, "Richard, why not fetch it yourself"—he said, "You know the reason why I do not wish to go out"—I knew no reason why he did not wish to go out, otherwise than there was an assault warrant out against him—I went and bought the bacon, beer, and tobacco for him—he gave me 1s. to pay for them—he did not take any more money out of his pocket—I noticed that he had a pair of new shoes on, and while I was looking at them, he said he had been over to his aunt's at Clapham, or somewhere in that neighbourhood, I cannot exactly be certain where, he had been very fortunate—he had called on his cousin who had a pair of shoes which fitted him,

and be had jumpedinto them, and he had called on his aunt, add the had given him some money—I had no more conversation with him—after I had fetched the beer, and bread and cheese he went to bed—I believe my wife and him had some conversation, but I do not recollect it distinctly—I did not pay much attention to his conversation—he slept with my two children that night as usual—when he went in, I fastened the door of his room, and said he should never come out any more—I said so to my wife, and I never intended him to come out again, and he never should, unless he did it by force—my suspicions were at that time excited, so much so I was determined he never should go out of my house—I was not it home when the officers searched the wash-house—I never recollect going to the place with the officer—he told me some money had been found there—I never placed any money there—I have placed things there—(looking at a lantern)—I know this lantern—it was my father's forty years ago—my father was a shoemaker, and was a constable many years it Wormley, in Hertfordshire—it came into my possession from him—I had used it about a year and a half ago, when I had occasion to go to see the pigs in the night—I was in this cottage when I used it—I am satisfied this is the same, because I had burned the horn at the time I used it last, when I used it to go to the pigs—I had not seen it after that to my knowledge—it was kept in a cupboard in the wash-house, or in a box, I am not certain which—it has been in both since I have been at the cottage—neither the cupboard or box were kept locked—the box was in the prisoner's bed-room, I believe, at that time.

Prisoner. Q. Have you never said it was two years ago since you saw the lantern? A. I never swore so—I do not recollect saying so—I said I had it to go and look at the sow—the pig-stye and the house are all attached together—it is all one brick wall—the privy and pig-stye is all one building, and all attached, but you must go out of the house to go to the pig-stye—I have been frequently in the habit of putting different lumber and garden tools over the wash-house ceiling, but for the last month or two, I had not had power to lift my hand so high—I did sot keep my garden tools there last winter—I could not put them there—I did not cause any body else to put them there—after I used the lantern I placed it in the cupboard—I am confident I put it there, but after using it for the pigs I used it in the wash-house, and in the course of that week I used it four or five times, and then my wife put it either in the cupboard or the box—she can speak more clearly where it was—you washed every morning, but did not clean your shoes.

Q. Have you not been often troubled by persons crossing your garden, both after you have been in bed, and in the day time? A. Sometimes there have been people gone across my garden, and I have noticed it, but I was not troubled with any body, because I did not see them—I have had occasion to go out to stop them from crossing the garden, but I do not term that trouble—I only did it as a friendly action—I have not been frequently robbed of little things by my neighbours' children—I have lost things twice since I have been there, but I always found them again—I have used the lantern so often I can almost swear it is my father's lantern—I never carried one when I was in the police—I used only to lock up prisoners that were in the watch-house when I helped my father.

MR. BODKIN. Q. Since that lantern has been found have you looked for your own? A. Yes, every where, and can find none.

MARY ANN ALLEN. I am the wife of Charles Allen. The prisoner slept at our house seven or eight nights before this occurred—I have known him for twelve months—on Saturday, the 14th, he slept there—on Sunday, the 15th, he complained of being ill, and he went to bed in the afternoon—when he got up he asked for a little tea, and he gave my little boy 6d. to fetch him some tea and sugar—he had some bread and butter with me, and with the tea and sugar, that came to 6d.—the 6d. was all expended—he said he had taken 1s. since he had been out—he slept at our house on Sunday night, and did not get up on Monday morning till half-past eight o'clock, when Mrs. Jarvis called him up—she is the wife of a man living in a cottage in the neighbourhood—she had called at my house for him three or four times—I do not know where he generally breakfasted—he went out about a quarter of an hour after she called him—I did not see him after at all that day—I was in bed very early that night, by eight o'clock—I slept till the prisoner came home, and awoke me—I had an infant weaning—I expected him home early, and had left my door ajar, as I thought I should awake my baby, by getting out of bed—he pushed the door, which awoke me—it was two o'clock, as near as I can guess—I did not hear the clock strike about that time, but he awoke me and my baby, and I did not go to sleep any more—I had to get up with my child—it was day-light very soon after he came in—I did not hear any clock strike soon after he came in—I judged the time by the light—when he came in I said, "It is morning, Richard, " and he said, "It is early"—he then went into his own room—I got up next morning about six o'clock—I had my fire lighted before six o'clock—he did not get up till half-past seven o'clock—when he got up he went through our room into the wash-house—we live in the same room as we sleep in—a door opens out of the wash-house into the privy—I heard him open that door into the privy—I am quite sure I heard the noise—I went into the washhouse about ten minutes or a quarter of an hour after, and found him standing by a table, doing something to his trowsere—I did not pay attention whether the door into the privy was open or shut—I came out directly—he remained there about ten minutes, or a quarter of an hour after I went in—he then came out, and asked me for a towel—I gave him one—he had washed himself, and wanted the towel—he merely said, "What time is it? "—I did not answer him, for he said, "The clock is striking eight"—I heard the clock striking just as he asked the question—he left the house directly—I saw him again, about a quarter after seven o'clock the same evening—I bad heard of the murder and robbery of Mr. Templeman about twelve o'clock in the day—when he returned in the evening, I said, "Richard, I am glad you are come home, as I should not have left my door open for you any more, " in consequence, I told him, of the murder and robbery which had occurred so near us—he made answer, and said, "I expected as much"—I did not mention the person who was murdered, at that moment, I did directly after—he said, "I have just heard something about it, but I do not know any particulars, " as he had called in at the Rainbow public-house as he came along—my husband had gone out, and he came in about that time—when the prisoner said he had just heard of it, I asked him where be had been that he had not heard of it before—I believe he then walked through the house, and went into the wash-house to the privy—as soon as he came back, he said he had been to his aunt's, and asked my husband

to fetch him some beer, and a rasher of bacon, and some tobacco—he did not say where his aunt lived—he had represented that he had an aunt, but I had never seen her—he gave my husband 1s. to pay for the beer and bacon, and when he gave it to him, I fancied I heard more money in his pocket—he told me he had been to see his aunt, and she had given him tome money—I noticed that he had a pair of new shoes on—he told me he had called on his cousin, who had a pair of shoes too large for him, and had given them to him—we proceeded to have supper—while at sapper some conversation took place respecting the murder of Mr. Templeman—I asked him where he had been the night before—he told me he had been playing at skittles at the Rainbow—I made answer that he could not have been playing at skittles till that time of morning, and he said he had been gossipping after he came from the Rainbow—he did not say with whom—he went to bed very soon after—the moment he went in, my husband went and bolted the door of his room on the outside—he made an observation to me when he bolted the door—about an hour and a half after he was bolted in the police came and took him into custody—I was in his room on the Monday, and noticed a pair of stockings lying on the box, dirty—they were rolled up the same as a clean pair of stockings—I merely took them up to see what stockings they were, and laid them down again—I did not undo them at all—I looked at them, because it was an unusual thing to have any of his clothing in the house—he never left any thing in the house, and I looked to see what it was—I am quite tore there was more than than one stocking there—they were rolled up so that I could only see one stocking, folded op as clean white stockings usually are—I had washed for him some months before—latterly, I believe, Mrs. Jarvis washed for him—(looking at a stocking)—this is a cotton stocking, and this is the stocking which was folded outside—it laid in this direction—I took hold of it, to see what it was, and laid it down again—this is exactly the same sort of stocking, the same make of stocking, and I judged, when I saw it, that it was Richard's stocking—(looking at another stocking)—this is not the fellow-stocking to the other—they are two odd ones—they are both cotton—when I washed for him, through getting wet in his feet one day, he put on one fresh stocking, and so they got mismatched—they continued to be washed as a pair afterwards, though they were odd ones, the whole time he was with me—the first stocking I have looked at, was shown to me on the Wednesday by a policeman—at that time it contained money—I was afterwards shown where it was taken from—I had never put any money or property of that sort in that place, nor did I ever know of its being there—(looking at the lantern)—I remember that my husband had such a lantern as this in the house—it may be twelve or eighteen months, or longer, since I saw it—my husband used it about two years ago, to go to the sow when she pigged, and I have some recollection of putting it into a cupboard or box, I do not know which—I know I put it away—the cupboard and box were both in the wash-house—the box was not removed to ray knowledge for a length of time—it was never in the room the prisoner slept in—it was never moved out of the wash-house, that I remember—my box was in the prisoner's room—that is a rubbish box—it was not in that box I put it—it was in the wash-house—I have some recollection of putting it away myself—I cannot positively say—I never burnt a rushlight in it, when it

was used—during the time the prisoner slept at our house, I never knew him have a light—if I offered him a candle he would not have it.

Prisoner. Q. What sort of a night was this? A. Very moonlight, very light—I have stated it was about two o'clock when you came home—I judge so because my baby awoke me, and I was awake the remainder of the night, and did not go to sleep any more—I was out of bed three or four times.

Q. If you had been awake, could not you have heard the clock strike? A. I might not be attending—there is no fastening to your bed-room window—I could not have got out of it myself without difficulty—I do not know whether you could have got out of it—I do not know how high the window is from the ground—you can stand in the room and look out of it—you cannot reach to the top of the window, you can to the centre—I remember taking the lantern off the table and putting it away after my husband used it—we have never had any one lodging in our house since we had the lantern, but you and Wright—I cannot say whether you were in the habit of going to my boxes or cupboards, you were often in the house, you could go to them if you liked—I have not washed for you since you went to the Barnsbury Castle public-house, that was about six weeks before Christmas.

Q. You say that is like the stocking you saw on the box, is there any nark on it which causes you to think so? A. It is exactly the same kind of stocking, and here is the mark round the top, and the appearance of the stocking altogether—I looked at it, and when I saw it next morning, I saw it was exactly the same stocking—I have not found any stockings in my room myself—I have never seen any found in a bedstead since, nor have I heard of it—you were poorly when you came home on Sunday—you told me you had been drinking some beer.

Q. Was it not the custom for me, all the time I lodged with you, to go regularly every Sunday morning to collect what money I had due to me by weekly instalments? A. Not since you left the Barnsbury Castle—you owed me about ₤1 or ₤2, at this time, but I have never cast it up.

Q. Now tell the truth, if you had known that I had money in my possession, would you not have thought me unprincipled not to pay you? A. You have had money and offered to pay me, and I have said, "If you are short, you had better let it alone"—I have said so in many instances, and I never expected you would pay me, being out of employment.

Q. How could I be without money when I offered it you? A. You have had 1s. or so, and said, "I will pay for my tea, " and I have said, "Never mind"—you have said, "I have a trifle, " and I have said, "Never mind"—I knew you were in distress, and did not wish to trouble you—we have one door into the garden, and one into the wash-house—we cannot fasten the outer door, nor do I want—it is off the hinges—I have footed stockings for you when I washed for you—I have no recollection whatever of mending this one—you had two pairs when I washed for you a month before Christmas—I had mended them for you.

Q. Do you suppose two pairs of white cotton stockings in constant use would last me that time, and be as good as these? A. I can't say whether you wore them all the time or not—I know nothing about your replacing those stockings.

Q. Have you ever known me out for improper motives, or any thing unlawful? A. I do not know what you were out for—I am not obliged to give you a character—I know nothing of your conduct out of my house.

MR. BODKIN. Q. Have you ever had any quarrel or difference with him? A. Never in my life—I was not present when the stocking was found; I was in the room when the policeman brought it in.

Prisoner. Q. Have not I purchased shoes of your husband? A. You had one pair of me.

WILLIAM KERR (police-constable N. 131.) I was on duty on the 17th of March, at Islington—I came on duty at nine o'clock in the morning—I received information at half-past eleven o'clock in the forenoon, and went to Mr. Templeman's cottage, the door was closed—I got in by the sitting-room window—it was about a third open—I found the sitting-room in a confused state—there was a chest of drawers in it, and I observed the top drawer was open—two drawers were open—they had been opened by a chisel—there was a mark on the drawer—I afterwards went into the bed-room and found Mr. Templeman lying on the floor, dead—I returned to the sitting-room, and found inside the top drawer a small box which Collins took possession of—there was nothing in it—it was open, there is a lock to it—I cannot say what it had been opened with—there was the mark of a chisel close to the lock of the tap drawer—I observed the window by which I had got into the room, there was a pane of glass in it with a small bit out—it had been an old break, and a nail was put in to keep it in its place—it was knocked down, so that a finger could be put into open the window—I do not remember seeing any paper there—I went in by myself—I did not fit any chisel to the marks myself.

Prisoner. Q. Is the cottage situated within your beat? A. No; this was not my beat at that time—Middleton, No, 235, was on that beat that morning—he came on at nine o'clock—Peacock had been on at nine the night before and off at six—the man before him came on at six and went off at nine—neither of those officers are here—I do not recollect seeing any broken glass about.

Q. The window did not appear as if any violence at all bad been used to it? A. There was the violence of just shoving a finger in—I saw where the window was broken—I went there with two surgeons.

Q. From what you saw, how many persons do you think had been engaged in the murder of Mr. Templeman, and robbing him? A. I cannot tell—I think one strong man might do it himself, he being a feeble old man—I have never said I was certatn✗ there were two or more—I was never asked the question—Mr. Roe, the surgeon of Canonbury-square, first gave me information.

JOHN COLLINS. I am a police-sergeant. I went to Mr. Templeman's cottage on the morning of the 17th—I got there a little after eleven o'clock, soon after Kerr—I examined the state of the sitting-room, and looked at the window particularly—one coiner of the pane of glass appeared to have been broken out, so that a person might put his finger through on to a button with which it was fastened inside—there was then nothing to prevent pushing it up—it was a swing window opening inward—a person could only get his fingers in—I looked at the drawers and found marks of violence on one drawer—in that drawer I found a quantity of bills and

memorandums and two boxes, one mahogany, and one covered with paper, and among the papers I found two notes of the "Bank of Elegance"—one for 50l. and the other for 5l.—they are flashnotes—I produced them at the last trial, and have not seen them since—(looking at some)—I believe these to be the same—they were notes like these—this is the box—it was not fastened—I should think either a small crow-bar or chisel had forced the drawer open—on the 12th of May last, in consequence of directions which I received from Inspector Miller, I searched a pond in Pocock'sfields, about three or four hundred yards from Mr. Templeman's, or it might be five hundred, and about thirty yards, or not so much, from Allen's—I found this lantern in that pond, with the piece of rushlight in it the same as it is now, except that this was fast in the frame—I did not find or see any thing else found—I had not heard the prisoner make any statement to Sergeant Otway.

Prisoner. Q. Do you recollect accompanying Sergeant Bradshaw to Coldbath-fields on the 11th of May to fetch me from the police-office? A. I do—I do not recollect any conversation taking place about searching for some wood in consequence of your statement—I never said any thing to you about any thing of the sort—I am not aware that Sergeant King or any one else went on Sunday to search—I never mentioned to you about any rails which would have stopped such a thing had it been there—there are railings all the way along the New River—I never said any thing to you about it—I said nothing about any search—I said nothing about the statement you had made on Saturday night—you and Bradshaw had some conversation together, but I did not hear it—nothing was said about any pond then—we were all in a cab, and from the rumbling of the cabon the stones I could not hear what you said.

JAMES MILLER. I am an Inspector of the N division of police. On Tuesday, the 17th of March, I was stationed at Islington. Pocock's-fields are in the Islington-station—I know Mr. Templeman's house—it is in the parish of St. Mary, Islington—I first went to Mr. Templeman's house between twelve and one o'clock on the 17th of March—I examined the window of the sitting room, and found it open, and the top pane of glass broken—a small piece was broken out of the corner—I found a piece of glass on the sill of the window inside—it was in such a situation as it would have fallen from the vacant space if pushed in—I saw a chest of drawers in the sitting room—the top drawer had been forced open and there were two marks on it—I produce a chisel and the drawer—I have compared the marks on the drawer with that chisel, and they correspond—the chisel has got a notch in it, and there is a mark on the brass of the lock, corresponding with the notch—it is a vacancy in the mark, a part where the chisel has not touched—there is a second mark in the wood-work, which also corresponds, but that is cut into the wood-work rather deeply, and there is no defect in the chisel mark there—the drawer appears to have been opened by those means—I took the prisoner into custody at a quarter after eleven o'clock the same night (Tuesday) at Allen's cottage in the same fields—he was in bed—the bed-room door was bolted outside—he was in bed with two children of Allen's—he appeared to be asleep—I disturbed him—he did not get up then—I procured a light, and he then got up, after my arousing him a second time—I searched his clothes, and found in his trowsers pocket 9s., all in shillings—while I was counting the money I asked if he knew what money he had—he said, 9s.—I found seven lucifer matches

in his waistcoat pocket, and two pawnbroker's duplicates—while he was dressing himself he asked me where my warrant was—I told him I did not need a warrant—he asked what I wanted him for—I said, "I suppose you have heard of the murder here, it is that I want you for"—I do not think he made any reply to that—he said at one period, "If I was at innocent of every thing as I am of that, I should not have much to fear, but give a dog a bad name and hang him"—I then took him to the station-house—on the following morning I took a pair of new shoes off his feet—these are them—(producing them)—I have not had them ever since—I gave them up when the prisoner was acquitted of the former charge—the same marks are on them now as then—one is marked 98 C, and the other 97 C—these are the shoes I produced on the last trial—I asked the prisoner where he got them—he said he bought them in Kent-street, Borough—I asked what he had done with his old shoes—he said "Thrown them away"—I hare produced one of the stockings which I found on a chair by a box in the bed room in which I apprehended him—he had a pair of stockings on besides—I did not find any portmanteau or place where he kept his✗ clothes—there were no other stockings about the place but that one—I did not see where he kept his clothes—there were boxes belonging to the Allens—I examined them, but found no stockings—this other stocking has been in my possession ever since the last trial—I received it from King and have produced it to-day—I did not myself search the pond in Pocock's-fields—I ordered it to be searched in consequence of a communication I heard made by Otway in Gould's presence—Otway said the prisoner had stated that he threw a lantern away into a pond in Pocock's-fields—the prisoner heard that statement made—I do not recollect that he made any observation upon it—it was in consequence of that I ordered the pond to be searched—I did not tee the lantern or chisel found.

Prisoner. Q. Where was this communication made? A. At Bowstreet police-court, on Monday, the 11th of May—persons had not been searching on the Sunday previous for wood—I saw Sergeant Otway on Saturday night the 9th of May—he did not come with the intention of stopping some of my proceedings on account of what you had said—he told me you had implicated Jarvis and his wife—he told me you had made a statement—he did not tell me all—he did not show any statement to me—you had not mentioned any thing about a chisel before, to my knowledge—I did not hear any thing mentioned about one previous to its being found—I think there are six ponds in Pocock's-fields—you pointed out no particular spot—you said, "a pond in Pocock's fields"—when I first apprehended you, the stockings you had on were a pair—you were given into my custody the last time at the station-house in Gardener-lane—I remember your saying you should not say a word about it—that was in answer to my question if you wished to say any thing to me—you said, no, you had already said too much—Sergeant Otway said you were no prisoner of his, he handed you over to me—he did not say you had no occasion to mention any thing which had taken place between you, as he did not intend to do any thing against you—he said you were no longer a prisoner of his, and he handed you over to me, he had no evidence to give—I do not recollect any thing more—when I first apprehended you, on the 17th of March, you said you had been to Norwich—I put a question to you concerning a pair of shoes which you had, the next morning—you were in

the cell at that time—I think there was no prisoner there but you, but I will not be positive—your shoes were taken off in the cell, and I asked you, as a matter of course, where you bought them.

GEORGE OTWAY. I am a police-sergeant. On the 7th of May I received directions to go to Gravesend—I went on board a vessel bound for Sydney—I found the prisoner on board—he was known by the name of Kelly on board—I had the copy of a letter with me offering a reward for this matter—I showed it to the prisoner—after he had seen it he made a communication to me—I afterwards took him into custody on this charge—in consequence of the communication he made to me, Inspector Miller directed search to be made in this pond in Pocock's-fields—the prisoner told me he had thrown the dark-lantern into a pond in Pocock's-fields—he did not say any thing about a chisel.

Prisoner. Q. How long had you known I was at the Compter previous to your coming to Gravesend? A. Not more than three or four hours—I first visited you there at eleven o'clock at night—I represented myself to be an officer—I was dressed in plain clothes—I had no Macintosh on my arm—I left you in about half an hour—I said I had come by desire to show you a copy of the letter of the Secretary of State—you asked me to show you the letter—you were in the cuddy when I first came on board—you read the letter twice, I believe—you had it time enough to do so—after reading it you put it on one side, and said you had made up your mind you would have nothing to do with it—you did not tell you knew nothing about it—the paper offered 200l. reward for the discovery of the parties who committed the murder of the late Mr. Templeman—you asked me to show you the letter again—I did so, and then you said, "I will hare nothing to do with it, but I will tell you what I will do; if they will give me 100l. I will tell who the parties were"—I then asked you who the actual parties were that committed the murder—you said, "I shall be required to remain in England"—I told you you would so—you then said, "I will tell who the parties are that actually committed the murder, if you will give me 100l. and pay my passage-money"—that was about ten minutes or a quarter of an hour after I had been with you—it might be twenty minutes, I am not certain what time I stopped, whether it was half or a quarter of an hour.

Q. On your oath, did you not persuade me, as I had seen so much trouble through this affair, to make something by it now I had the opportunity? A. Certainly not—I did not tell you how serviceable the money would be to you, as you were about to leave the country—I did not ask you to come to town—I said I should not ask you any questions—I said nothing about a gentleman coming to be security—I said, "It is not likely you will see me again in the Downs."

Q. Do you pretend to swear, that for a quarter of an hour, nothing was said after I refused to have any thing to do with it for the 200l.? A. The greater part of the time, you were leaning your head on your arms, thinking—in consequence of what you said, I made a report to the Commissioners of police—I did not ask you to have any thing to drink—we did not have any thing—you asked me whether you could be tried again for the murder—I told you no, but you could be tried for the robbery—I did not say you could be punished, as you had said you knew who the parties were, if you did not make a disclosure—scarcely any thing further passed on the subject on the way to London—I was not with you, you were in one part of the vessel,

and I in the other—I let you walk about just as you liked—you went down to breakfast by yourself—I gave you into Inspector Miller's custody it the station-house—I do not recollect that you made any remark at that time—I did not say there that you bad no occasion to take notice of any thing that had taken place between us, for I did not intend to do so against you—the conversation you allude to, took place in a cob, in the presence of Inspector Miller, after you had been placed at the bar at Bowstreet and charged with robbery—I accompanied Mr. Miller to the lock-up place to you—I was not there by myself a moment—I went in and came out with Mr. Miller—you asked me whether I should be disengaged next day, and if I was whether I could step up to the prison—I said I did not know whether I should, but if I could I would come up after chapel—you asked me to bring you a clean shirt and some shoes—I did not advise you to make a statement and get out of it—I never mentioned any thing about it—I do not remember telling you any thing in presence of the principal turnkey at Coldbath-fields prison—you sent for me there one night—when I got to the prison you said you had made up your mind to tell all you knew about the affair—to the best of my recollection, my reply was, "I am very glad of it; " I do not believe I made any other observation—I cannot tell on what conditions you made the statement; you had made it to the turnkey before I got there—I did not tell you in the presence of the turnkey, that by making a statement you would be entitled to the whole reward and be perfectly clear—I did not with to retire with you—we did retire, by your wish—I believe, the principal turnkey and the governor were present as well—you were very anxious for me to take Jarvis into custody, but I wanted to hear a little more about it before I took him—I same there next day by your directions—you said there were several other things connected with the case which you would write down, and if I would call up, you would have them ready in writing for me.

THOMAS HOBBBS KING (police-sergeant N22.) On the morning of the 18th of March, between six and seven o'clock, I went to Allen's cottage and searched the privy and wash-house—I found this stocking which has been produced; it contained nineteen half-crowns, forty-eight shillings, and seven sixpences—on the 14th of May, by inspector Miller's directions, I assisted in searching a pond in Pocock's fields, the same pond in which the dark lantern was found—it was quite emptied—I saw something in the mud—I told a man to see what it was—he stooped down and picked up this chisel—this is the money that was produced at the last trial—(examining it)—here is a half-crown which I believe to be part of the money—I found this money in Allen's back washhouse, in this stocking, concealed behind the first rafter, between the ceiling, it was between five and six feet above the seat of the privy.

Prisoner. Q. What time did you first go to the New River to search for any thing? A. I never went to search for any thing in the New River—I believe sergeant Bradshaw went to ascertain whether there had been any thing found answering the description—I cannot say whether that was on Sunday the 10th of May.

MR. BODKIN. Q. How far is this pond from the house of Mr. Templeman? A. Between 300 and 400 yards—there are two or three other small ponds near it—I believe it was not the nearest pond to Mr. Templeman's house.

THOMAS FRANCE, Esq., (Under Sheriff.) This money was produced at

the last trial of the prisoner—a shilling of it was then lost—it dropped down when it was on the bench before Mr. Baron Alderson—I made a memorandum of the loss of that shilling—I have kept the rest sealed up ever since—it was sealed up in the presence of Miller.

BENJAMIN HAWKINS. I live in Liverpool Cottages, Islington. I knew the late Mr. John Templeman—I was in treaty with him to sell a cottage a little after Michaelmas, last year—it was not my cottage—he offered to deposit 15l. in my hands to pay for it—that was the price of the cottage—I saw a quantity of money in his possession, which I think was about 17l. 10s. in shillings and gold, and two notes which appeared to me like Bank of England notes—he put them down on the table before me, but I did not notice the amount of either of them—I mentioned his dealing for the cottage among the people living in the neighbourhood.

Prisoner. Q. At the time this conversation took place about the cottage, was I there? A. No, you were not—I never mentioned it in your hearing—I know Mr. Templeman's cottage very well—there are six or seven, or eight or ten cottages near it—Jarvis's, where I have seen you, I believe, is the nearest, and then Mrs. Thornton's—I suppose they are about a dozen yards from it—I was in the habit of serving Mr. Templeman with beer—I have seen you there sometimes—I saw you there with Mrs. Jarvis, and said, "Halloo, Richard, is that you? "—you held up your head and said, "Don't say you saw me here"—that was about a month previous to the murder—I never saw you talking to Mr. Templeman—I heard him complain of your getting over his palings, against his wish—I repeatedly heard that, and he was very much offended with you for so doing—it was not a general thing to make a short cut that way—it was Mr. Templeman's own premises, and no one had a right to go through them without his leave—he allowed me to go through his place whenever I liked—I never saw you go that way.

MR. BODKIN. Q. Did you at any time mention about the money to the Jarvis's? A. No.

JOHN WEST. I am a shoemaker, and live at No. 47. Lambeth-walk. I recollect serving the prisoner with a pair of shoes on Tuesday, the 17th of March, in the fore-part of the day—to the best of my belief these are the shoes I sold him, but I should not like to swear it—they are not my manufacture—he fitted them on in the shop—he paid 1s. 6d. for them—I believe he paid with silver—I really forget what money he gave me—I believe it was silver—I forget whether 1 gave him any change or not—he put on the boots which he bought of me—I observed his other boots—they were low ones—a woman and a child were with him.

Prisoner. Q. What was the first cause of your coming in to me? A. Mr. Cope came to me—you bad previously told him where you bought the boots, and I came to see if I could identify you—I said I should not like to swear to you then, if I saw you in your own dress which you won perhaps I could—I did swear to you when I saw you in your fustian coat—you had a fustian coat when you were in my shop—your own boots were not very old—I thought they were very serviceable boots—I did not see any holes in the upper leather—I did not notice the soles—you took away the old boots in a handkerchief, and walked away in the new shoes.

MR. BODKIN. Q. Were you here at the last trial? A. Yes—I was brought here on the part of the prosecution—I was not examined.

FANNY SYMMONDS. I live in Oakley-street, New Cut, and deal in second-hand clothes. On the 17th of March, between ten and eleven o'clock in the morning, a woman with a child, (at least she spoke of a child, but I do not remember having seen it, ) offered me a pair of men's old boots, and begged I would purchase them—they were very heavily nailed—I should call them ancle-boots, they laced in front—I gave her 2d. for them, as she begged me to give the child a trifle to buy a bunn—I have since sold them for some china.

JOHN JARVIS. I live in a cottage a short distance from Mr. Templeman's. I know the prisoner—I know he used to supply Mr. Templeman with beer, till within a fortnight after Christmas last—he was then potman at the Barnsbury Castle, a public-house in the neighbourhood—I had seen him there often at that time—I never saw him serve beer above once at Mr. Templeman's—I have seen him about there, and crossing the ground there about that time, or just after.

Prisoner's Defence. My Lord, as this is a very intricate case, I am totally unable to explain the nature of the evidence myself. I most earnestly crave your Lordship's protection, as I am undefended. There are some portions of the evidence which, I think, perhaps it is necessary that I should make some remarks upon, although I am not aware that I am compelled to explain every little thing that might transpire. It appears, gentlemen, although there is a great mass of evidence produced against me, that there is very little of it which appears at all to affect me; but I shall explain, in the best manner I can, to you, that part that I think does. And first, the witnesses state that I was in the skittle-ground, playing at skittles, and had no money but three halfpence. Now, gentlemen, the very name of a skittleground will convince you of the motive of my denying my pocket there. It is not likely, if I had a few shillings of my hard earnings and savings in my pocket that I should go and throw it away among a parcel of men in a skittle-ground, especially when I could get as much beer as I liked by saying I had no money. One of the witnesses states that I sent him for a rushlight. I did so, I acknowledge, but I made no secret of it. If I had wanted a rushlight for any particular occasion, I should have gone and got it myself, the shop is but a few yards from the public-house. I sent for it in the open tap-room, and he brought it to me in the tap-room. Then, as to the time at which I am stated to have gone home that night, I would ask you whether it is likely, on a moon-light night, like that was, that they can tell what time I went in? In their own evidence they state that it was as light as day, and still they take upon themselves to swear that it was two o'clock. With regard to my telling the Aliens that I had no money, my reason for that must be very obvious to you: I owed them between 1l. and 2l., and there was still something standing for boots: if I had told them that I had money in my pocket, or that I had been and bought new boots, Allen, being a shoemaker, would naturally have thought it very unprincipled of me to go and lay out my ready money at another shop, at the same time that I owed him money. There are a parcel of witnesses who come and give some and very various accounts of conversations that they say took place between us previous to the murder; but you see with what caution they have managed it, so that there should never be a third person to hear those conversations. First notice Mr. Wright—he can recollect every thing I said to him, but he does not recollect any thing that was said in the presence of Squires; he does not recol

lect what he told Squires; and it also appears that Mr. Wright knew all these places as well as I did; he knew Allen's cottage, and he knew the wash-house, and the water-closet, and the garden, but he states he never saw a lantern; for what reason Squires is kept out of the way I am not aware; but he is not forthcoming to day to certify as to the truth of what Wright has stated. Next come Mr. Jobson and Mr. Rogers. I will ask you, whether their characters are worthy of the least attention. You must have been convinced, by the way they answered those questions which I put to them, that they are not to be credited for a moment. But there is one thing which I should particularly wish to draw your attention to, and that is, the very unfair, if not illegal, means by which I have been drawn into the predicament in which I now stand. This Sergeant Otway (although he comes here and denies it; why does he do so? for the sake of what he shall get, if I am convicted) knew that I was at the Compter; but he would not come there to me. No, he watches his opportunity, when he well knew I should be among strangers, and should wish not to be known; and mark the time he comes, at eleven o'clock at night, when I am in bed and asleep, taking me by surprise, and thinking that day being the first I had been at liberty for some time, that I should have been drinking a little, that that would be the best time. When he came to me he represented himself as a gentleman, sent to me by the Secretary of State, with an especial message to offer me 100l., if I could give him any information that would lead to the conviction of the parties concerned in the murder of Mr. Templeman. What did I tell him? I at once told him that I did not know any thing about it, that I would have nothing to do with it; he has confessed here to-day, that I told him so more than once. I said I would have nothing to do with it for 200l. He then sat down, and began reasoning with me, telling me as I was a young man, and about leaving the country, how serviceable money would be to me, how much better it would be to go out with 200l. in my pocket than nothing at all, and as I had seen a great deal of trouble, I should be very foolish if I did not now make something of it, if I could. Well, with these persuasions, and as he positively assured me that I could not be tried again, I am free to acknowledge, that I did feel inclined, if I could make any thing of it, to do so, and I made up my mind to tell a lie for the sake of the reward. Now, I will ask you, Gentlemen, if that was a fair way of transacting business? He then got me to agree to his proposal. After I had said several times that I would not have any thing to do with it for 200l., I said, "In the event of there not being a conviction, how should I be situated? for if I was to stop behind I should lose my passage, and lose every thing." He then said, "Putting that on one side, will you, or would you, if I was to bring you 100l., and lay it on this table, tell me who the actual parties were? " I said I would. He then asked me if I was required to lose my passage, what would I do so for. I said, "For the passage money." He then left me. I will ask you, Gentlemen, whether you think that the conversation he states was all that transpired, would occupy half-an-hour? and he was obliged to acknowledge that he was there at least half-an-hour. I saw nothing of him till the next morning, or the morning after, when he came down, and instead of bringing the 100l. that he talked about he brought a warrant. Of course I found I was very much taken in somehow; but I did not take any notice of it then. In the course of our journey to London, I asked him

how it was that I could be apprehended on the warrant. He told me how things stood; that I could be tried for the robbery, and at I had acknowledged to him that I knew who the parties were, I could be punished if I did not make a disclosure. I then saw, for the first time, that I had been taken in, and how awkwardly I was situated. He then took me to the station-house, and from thence to Bow-street, where I was charged with the robbery. After I had been so charged, he came to me in the lock-up place, and told me the only way for me to get ont of the scrape was to make a full statement of the whole affair, and then I should be not only entitled to 100l. but 200l., and likewise that I should be committed as evidence, and taken great care of. Of course I could not make any statement at all; but I told him I would consider of it, and if be came to me next day at the prison, I would give him a decisive answer. He then left me there locked up by myself, and finding they had driven me into a comer, and not knowing in what way at all to get out of it, I was driven almost to desperation, and I then made up my mind to make it appear, as though I really had been concerned, and also to accuse innocent parties, with the intent of getting out of it myself. You will say that that was a very rash proceeding; and so I will allow, and so I felt it to be, when I came a little to myself; but I never thought of there being a conviction at that time; it was merely because he promised me that I should be able to turn evidence; it was on that that I made the statement. After I had made up my mind to do so, I sent for him. He came to me in prison, and in the presence of the under-governor, and the principal turnkey, I told him that I was making this statement on condition that I was to be myself perfectly clear. He said he would tell me then, as he had told me before, that I should be admitted as evidence, and likewise that I should have the reward. For what reason the principal turnkey is kept away, I am not aware; he was a witness that would have been very necessary to have been here, to prove that part of my statement; but he is not. I had commenced making this statement to the principal turnkey when the officer came; but I had told him what were my motives for making it, and likewise told him that I would send for the officer. They thought; I was to be admitted as evidence, and on that account I was not treated as prisoners generally are. I was allowed sheets and tobacco, and to buy what I liked. Sergeant Otway also gave me some money there, and told me whatever I wanted I could have. Now, gentlemen, I will appeal to you whether, if it is not an unlawful proceeding, it is not, at least, a very unfair one? With regard to the lantern, it must be very evident to every, one of you, that I did not know it was there. The reason of my mentioning the lantern was, because there had been, a lantern mentioned on a previous occasion. Is it likely that if I bad known there was a lantern in Allen's house, I should have been running any where else inquiring after one? as some of the witnesses try so to make it appear I was, a day or two previous. If I had in reality been engaged in this horrid affair, should I not have given some convincing proof of it? Do you think that a transaction of that kind could be carried on, a crime of that kind committed, without something having been traced to the parties themselves? What proof is there about that lantern? None. Where has it been for two years? whose hands has it been in? If they were to speak the truth, they do not know whether they left it in the garden, or brought it in doors; and if they did place it in the cupboard, as they state, a child might take

it out. Their own children are in the habit of carrying things out, and losing them. It would be useless for me to comment any further upon the evidence, as I am sure his Lordship will explain it to you in a much clearer manner than I can.

GUILTY.Aged 23.— Transported for Life See Sixth Session, p. 1008.)

Fourth Jury, before Mr, Common Sergeant.

Reference Number: t18400615-1697

1697. THOMAS SELWAY was indicted for stealing, on the 25th of May, 1 handkerchief, value 1s., the goods of Francis Cooke, from his person.

(The prosecutor did not appear.)

NOT GUILTY.

Reference Number: t18400615-1698

1698. GEORGE MADDOCKS was indicted for stealing, on the 16th of June, 1 shilling, and 2 ½d., the monies of William Martin.

WILLIAM MARTIN. I live at the Three Pigeons public-house, Brentford. About a quarter-past four o'clock, on the 6th of June, I put my clothes in the coach-house, and went to work, when I came back I misted one shilling and two halfpence out of my waistcoat pocket—it had been safe when I put my clothes away—I saw the prisoner in the yard—in the afternoon I saw him go into the coach-house again, and when he came out, I went in—I had marked the shilling—(looking at it)—this is the same.

JOHN POOL. I am an officer. I went after the prisoner, and found this shilling on him—he said he took it at Smithfield-markct the Monday before.

Prisoner's Defence. A man came and asked me to give him change for it, and I gave it to him.

GUILTY.***Aged 23.— Transported for Seven Years

Reference Number: t18400615-1699

1699. JOHN FORD was indicted for stealing, on the 12th of Jane, 35lbs. weight of iron, value 3s., the goods of Peter Anthony Steinkeller his master.

LOUIS LEMANSKI. I conduct the business of Peter' Anthony Steinkeller. We lost this iron—(produced)—I know it to be master's property—the prisoner was in his employ—he bore a good character—I never authorised him to take it—it belongs to the prosecutor's machinery.

JONATHAN BROWN. I work for the prosecutor. I know part of this iron.

JAMES COLSON. I am a marine-store dealer. The prisoner had been to my house four or five different times, selling small portions of iron—he sold part of this iron to me—I considered he had stolen it, and went to the policeman.

Prisoner. I was in great distress, and took it.

GUILTY.Aged 42.— Confined Three Months

Reference Number: t18400615-1700

1700. EDWARD JOY was indicted for stealing, on the 17th of Jane, 35 handkerchiefs, value 2l. 10s., the goods of William Broome.

WILLIAM SHARPE. I am shopman to William Broome, a linen-draper, of Oxford-street. About ten o'clock, on the 17th of June, I saw the prisoner come up to the door and take this bundle of handkerchiefs—they were just within the door—I followed him two or three steps, saw an officer, and gave him in charge with them—these are them—(produced.)

WILLIAM JAYCOCKS. I am an officer. I took the prisoner into custody with the handkerchiefs in his hand.

GUILTY.Aged 36.— Confined Four Months

Reference Number: t18400615-1701

1701. WILLIAM BUCHANAN was indicted for stealing, on the 1st of June, 6 spoons, value 1l.; and 36 yards of ribbon, value 5s.; the goods of Anne Matilda Freebody, his mistress.

ANNE MATILDA FREEBODY. The prisoner was my errand-boy. I missed some spoons and ribbon, and in consequence of suspicion, I sent for a policeman—the spoons were found in the prisoner's box, but not the ribbon.

JOHN DICKER. I am shopman to Mr. Dicker, pawnbroker, at Limehouse. The prisoner was in the habit of coming to our place, and pawned one spoon on the 24th of April, and another on the 30th.

EMANUEL EDWARDS. I am a pawnbroker. I have a spoon pawned by the prisoner on the 21st of April.

GUILTY.Aged 15.— Confined Four Months

Reference Number: t18400615-1702

1702. ELLEN HUMPHRIES and ANN M'CARTHY were indicted, for stealing, on the 8th of June, 1 tureen, value 2d., the goods of Spencer Hampson.

HENRY STEWART. I am shop-boy to Spencer Hampson, of High-street, Shadwell, a china-shop. On the 8th of June the prisoners came and asked the price of a dish—the boy came in to ask me, and left Humphries at the door—M'Carthy walked on, but Humphries went out and called her back, and afterwards the policeman brought the prisoners back with the tureen—the policeman has it—he is not here—it was my master's—it It worth 2 ½d.

NOT GUILTY.

Reference Number: t18400615-1703

1703. ELLEN HUMPHRIES and ANN M'CARTHY were againindicted for stealing, on the 8th of June, 1 bonnet-shape, value 4d., the goods of Robert Leeming.

ROBERT LEEMING. I live in High-street; Shadwell. I had a bonnetshape hanging out of my shop on the 8th of June—I did not miss it till the policeman brought it—he has got it, and he is not here.

NOT GUILTY.

Reference Number: t18400615-1704

1704. JAMES FARRELL was indicted for embezzlement.

CHARLOTTE GEORGIANA DAY. I am a milliner, and live in Regentstreet. The prisoner was my errand-boy—when he received money he should pay it to me directly—I sent him, on the 29th of May, to Coventry-street, to Miss White—I never saw him for ten days after—he never paid me the money—he behaved very well before this.

JANE GIBBONS. I am servant to Miss White, of Coventry-street. The prisoner came on Friday with a bonnet—I paid him 1l. 11s.—I am sure he is the person.

THOMAS VARDY. I am a policeman. I took the prisoner in the front kitchen of Mrs. Day's house—I asked him if he had received the money, he said, "Yes, " and that he had lost it.

GUILTY.Aged 17.— Confined Three Months

Reference Number: t18400615-1705

1705. SARAN ANN NEALE was indicted for stealing, on the 31st of May, 6 spoons, value 1l. 1s.; 4 pairs of stockings, value 8s.; and 4 pain of gloves, value 4s.; the goods of Michael Doran, her master.

MARY DORAN. I am the wife of Michael Doran—the prisoner was in my service. On the 31st of May I lost these articles—I have found the stockings (looking at them)—they are mine, and have my initials on them—she had asked for a week's holiday—I met her at Chelsea, and gave her

in charge, and the stockings were found, one pair on her and another pair m her bed—they were quite new when taken out of my drawer—I never lent them to her—I am certain they are mine.

ANTHONY ROSE. I am a policeman. I went to No. 4, Great Chapelstreet, and found a bundle—I went to the prisoner at Queen-square, and told her I had found a bundle, at No. 4, Great Chapel-street—she said it was hers.

Prisoner's Defence. The stockings are not the prosecutrix's—I had five pairs brought to me the week before, and they are them—they are my aunt Neale's, whose name is Mary Ann Neale.

MARY DORAN re-examined. I have the fellow pair to them—they are marked also—I am certain they are mine—they have "M" and four dots on them, which is the mark I made on my stockings—mine are marked "M G, " but the G has been taken out.

GUILTY.Aged 22.— Confined Nine Months

Reference Number: t18400615-1706

1706. SARAH WINSLOW was indicted for stealing, on the 8th of June, 2 pillows, value 6s., and 1 counterpane, value 4s.; the goods of John Groom.

SARAH GROOM. I am the wife of John Groom, of New-road, Chelsea. The prisoner took a furnished room of me. In consequence of circumstances I sent for a constable, searched the prisoner's room, and missed two pillows and a counterpane—(property produced)—these are them—the prisoner is single—I have no doubt she would hare taken them out again.

Prisoner. I pledged these things—I had the money to get them out with, which I went and borrowed—when I pawned them I said I should fetch them back the next day.

HENRY WALKER. I am servant to Mr. Roper, a pawnbroker. These things were pawned by the prisoner—I do not recollect her saying any thing about redeeming them next day.

GROVE JOHNSON. I am a pawnbroker, and live in Park-side, Knightsbridge. The prisoner pawned two pillows with me on the 11th of June—she said nothing about redeeming them—the was in the habit of pawning one day and redeeming the next.

WILLIAM WISDOM. I am a policeman. I was called to Groom's, and took the prisoner in charge. She said she had got the duplicates, and produced a glove, in which I found one, with 8s. 6d.—there was the duplicate of the counterpane, but not of the two pillows.

Prisoner's Defence. When the policeman searched me I gave him the money—I intended to redeem the things.

NOT GUILTY.

Reference Number: t18400615-1707

1707. THOMAS MACEVOY and ALEXANDER MUNROE were indicted for stealing, on the 17th of June, 1 penny, 4 halfpence, and