CENTRAL CRIMINAL COURT.
NINTH SESSION, HELD JULY 6TH, 1840.
MINUTES OF EVIDENCE,
Taken in short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, July 6th, 1840, and following Days.
Before the Right Honourable Sir CHAPMAN MARSHALL , Knt., LORD MAYOR of the City of London; the Right Honourable Thomas Lord Denman, Lord Chief Justice of Her Majesty's Court of Queen's Bench; Sir Edmund Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Patteson, Knt., one other of the Justices of Her Majesty's Court of Queen's Bench: Sir William Heygate, Bart.; Matthias Prime Lucas, Esq.; William Thompson, Esq.; and Sir John Key, Bart; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City; Thomas Wood, Esq.; Michael Gibbs, Esq.; John Johnson, Esq.; and Sir George Carroll, Knt., Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of New-gate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
MARSHALL, MAYOR. NINTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**), that they have been more than once in custody—An obelisk† that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, July 6th, 1840.
First Jury, before Mr. Recorder.
MESSRS. ADOLPHUS and BODKIN conducted the Prosecution.
JOHN PARE . I am an iron manufacturer, in partnership with John Young and Edward Thomas Robinson—we have an establishment at Wolverhampton, and also premises in Chiswell-street, London. The prisoner entered our service about the beginning of January 1839—there was a written agreement between us, this is it—(looking at it)—the firm was then constituted as it is now—Mr. Robinson is a sleeping-partner, his name does not appear in the firm—it does in the partnership terms.
THOMAS DAVID TAYLOR . I am a solicitor. I prepared this agreement, and am a subscribing witness to it—I saw it executed, I was the prisoner's attorney—(the agreement being read contained the following clause, "And also that the said Samuel Jenkins shall not, nor will at any time, or hereafter, on any pretence or account whatever, receive, get in, or obtain any monies, bills, or securities for money, of or from any person or Persons shall have been supplied with goods by the said John Pare and John Young, or on their account, unless by the express permission of them, or one of them, to be first had and obtained in writing.)
JOHN PARE re-examined. The prisoner travelled for us, and collected orders, which I executed for him from time to time-in Midsummer, 1839, I employed him to collect debts-Benjamin Allen, of Camden-row, kentish-town, and Mr. Harrison, of Hackney, were customers of ours—the prisoner had a collecting-book—it is here—(looking at it)—here is the name of Benjamin Allen, and the sum of 5l. 5s. 10d. entered against it, in the hand-writing of Mr. Rook, my clerk—it was the clerk's duty to enter accounts, in this book, hand it over to me, and I gave it to the prisoner, with instructions to receive the account so entered—that was the course—I furnished the prisoner with this book, with that entry in it—he was to enter the cash he received in this blank column.
COURT. Q. Is there any minute in the book at all directing him to receive the several sums of money? A. No; I also gave him, in the case of Mr. Allen, this written account—it is the mere account, shewing a balance of 5l. 12s. 7d.
MR. BODKIN. Q. Did you give him any verbal directions when you gave him that account? A. I did; to take the account, and receive the monies as soon as he could—he should account to me for such monies the same day he received it—the amount entered in this book is 5l. 5s. 10d.—I see by the ledger (looking at it) that he accounted to me for 3l. on the 28th of October—that left a balance of 5l. 5s. 10d.—the account I gave him to collect was 5l. 12s. 7d., but after that Mr. Allen had more goods—he had the same authority to receive that—it seems Allen produced his old account, and the prisoner has given him credit for cash received on that 3l. in the first instance, and 2l. 12s. 6d. in the second instance—2l. 12s. 7d. was the balance left from the first account—but there was a little arrear, or something of the kind, that would reduce it to 5l. 5s. 10d.—the account I gave him to receive in Michaelmas last was 5l. 12s. 7d.—he has never accounted to me for any other money received of Mr. Allen than the 3l. I have mentioned—a balance of 2l. 12s. 7d. is left in this account—there is no entry at all in the collecting-book of money received for Mr. Allen—the balance of 2l. 12s. 7d. has never been paid over to me—my partner is here—I was the only partner in town at the time those instructions were given to him—there was no other partner attending to the business in London at that time—I also gave the prisoner directions to collect some money from Mr. Harrison, of Hackney—I think that account was delivered to the prisoner at Michaelmas—here is 20l. 17s. 5d. entered in the book, in the prisoner's own hand-writing—I did not see it entered—it is entered as due—he has never accounted to me for any part of that turn—there is no entry of the receipt of any portion of it in this book—I gave him an account of that in the same way as Mr. Allen's—this is the account I delivered to him—(looking at it)—it is in my own hand-writing—this part has been written since—it is all in the prisoner's hand-writing—I have since gone through a collecting-book with the prisoner—not this book, but one that corresponds with it, which I have—this one he had in his own possession—I cannot state the precise day upon which I gave him this account to collect—it was at Michaelmas, it is a Michaelmas account—we settled in March this year—I asked him several times when these accounts would be paid—in January, I asked him particularly, and several times subsequently; the last time was in March, or the beginning of April—I asked him when these accounts would be paid, meaning Allen's and Harrison's—he stated that he had applied for them several times, and would see the parties again respecting them—he said so in March—he did not state what answer he got, and I did not press the matter, as we have many accounts which stand over, a long time before they get paid.
Cross-examined by MR. PHILLIPS. Q. Has this prosecution been instituted by the wish of Mr. Young, your partner? A. Not by his particular wish—I did not consult him upon it—he has communicated with me about it—he has communicated to me, in writing, his wish that it should not be proceeded in, and since the prosecution was commenced, he has verbally done to—I have never offered to settle it, that I positively swear—I never asked any particular sum of money to settle it—I never, in the presence of a Mr. England, required 96l. to stop proceedings—I never said to Mr. England that I had found out 4l. more, and must get 100l.—I remember driving Mr. England to Mr. Tucker's, the solicitor at Layton—Mr. Tucker was my attorney—he is in Court—he was not subpoenaed by me—I might
have said to Mr. Tucker, in Mr. England's presence, that the prisoner had received sums amounting to 100l.—I dare say I did—I have often said that, and may hare said it to Mr. Tucker—I cannot swear either way, I cannot charge my memory—I said that Jenkins had been overpaid by me 15.l., and that I had lent him 10l., and that a bill had been delivered to me amounting to 15l., for work done at Jenkins's house—I did not say that the law expenses would be 10l., making in the whole 150l.—I said I had no doubt we were losers in the transaction, to the amount of 160l.—I do not recollect saying that the law expenses amounted to 10l.—I did not say unless I received 150l. I would go on—the prisoner has no demand against me whatever, that I swear—I never said, in the presence of Mr. England, that unless I had 150l. and a full discharge of any amount the prisoner had against me, I would not consent to an arrangement—that I swear—in order to convince Mr. England, who was a customer of ours, and who was rather obstinate in the affair, that it could not be compromised, I took him to an attorney—I do not know that I went more than once to Mr. Tucker's with Mr. England—it was on Easter Monday I went—I saw Mr. England again some time in May—I read to him this letter, which I had received from my partner, Mr. Young.
COURT. Q. Have you had any communication with Mr. Young on the propriety of employing the prisoner to collect these accounts? A. Yes, previous to entering into the agreement, but not since—I had no communication with Mr. Young that I should employ the prisoner to collect these since entering into the agreement prohibiting him to receive money with out a written order.
MR. PHILLIPS. Q. When you were short of money yourself had you ever given the prisoner permission to receive money and appropriate it to his own use? A. No, except on one occasion, when I had occasion to leave home in February last for two or three days—the prisoner asked me what he was to do fur cash to pay hit expenses with—I said, "You cannot require any because your commission includes all expenses, but if you receive any, and it is absolutely necessary, you may devote some of the money you receive in my absence until 1 come home," but he did not receive any money while I was away—I will swear I never said that except on one occasion—that was about February or the beginning of March this year—I have settled accounts with the prisoner up to Christmas, and subsequently up to the 20th of March I think—I will swear I made a settlement with him up to March in ray own counting-house—nobody was present—it was in writing—I have it here.
MR. BODKIN. Q. Is this the account? A. Yes—here is a balance due to me of 15l. 10s. 4d.; that was a mutual settlement between us—it was not signed by either of us—the account of the expenses is here up to the same time, the 19th of March, and that is signed by the prisoner—it is not brought into this general statement—it is a distinct affair—it is in the nature of extra service—the account is merely one of sales effected, and his commission upon it—he stated that he had not received either of the sums in question.
BENJAMIN ALLEN . I am a builder, and live in Camden-row, Kentish-town I have had transactions with Pare and Co.—they formerly had an agent named Collins before the prisoner—the prisoner came to me about September last, and brought me this account, amounting to 5l. 12s. 7d.—I paid him 3l. on account—he said he came from Mr. Pare, and that he
had succeeded Mr. Collins—Mr. Collins never collected money, but he served me with goods—the prisoner came again in November—I then paid him the balance, 2l. 12s. 6d., and he gave me a receipt for it.
Cross-examined by MR. CLARKSON. Q. Are those the only two sums you have paid? A. That is all. I had the last lot of goods I think about three days before Christmas—they amounted to 2l. 13s. 2d.—I have not paid that.
WILLIAM HARRISON . I am a builder and live at Hackney. I was a customer of Pare and Co.—I know the prisoner—I gave him orders on account of the firm—he called on me with this account on the 10th of January—it is 20l. 17s. 5d.—I paid him the amount—there was a discount of 5s. 5d.—I paid him 20l. 12s. 6d., the balance—here is his writing on the bill.
SAMUEL ROOK . Here is an entry of 5l. 5s. 10d. in this book, which I made by desire of Mr. Pare—(looking at the book)—I cannot say whether this is Jenkins's collecting-book—I believe it was Mr. Pare gave it to me—the entry is, "B. Allen, Kentish-town, 5l. 5s. 10d."—I do not recollect seeing that book given to the prisoner.
MR. PARE re-examined. Q. How was the prisoner to be remunerated for collecting these sums? A. In the shape of extra service, as it says in the agreement—I should have treated it as if he had a written order.
Q. Why not give him a written order? A. I considered the entering in the book and giving him the account was sufficient authority—in the first six months he did not receive any money—I am not aware that my partner knew I was allowing him to receive debts due to the firm without a written authority—he knew I bad given him instructions to receive the accounts, but I do not suppose he knew whether I bad given him a written authority or not—I was not aware that it was necessary to give him a written authority to receive it—he never made any objection to it.
MR. PHILLIPS. Q. Do not you know that since the prosecution has been instituted Mr. Young has given the prisoner the shelter of his house? A. I do know it.
JURY. Q. Does this book contain the first collection he made for the firm? A. Yes—I did not on that or any subsequent occasion deliver to him any other instruction than the book and the bills of account.
GUILTY.* Aged.— Judgment Respited.
NOT GUILTY .
NEW COURT.—Monday, July 6th, 1840.
Fifth Jury, before Mr. Common Sergeant.
1803. JOHN MILLS was indicted for stealing, on the 22nd of June, 1 fork, value 20s.; 2 spoons, value 19s.; 1 mustard-pot top, value 4s.; 1 thimble, value 1s. 6d.; and 1 tumbler glass, value 1s. 6d.; the goods of William John Richardson, his master; to which he pleaded
GUILTY . Aged 17.— Confined One Month.
1804. THOMAS PARSLEY was indicted for stealing, on the 22nd of June, 1 jacket, value 2s.; 1 knife, value 1d.; 2 shillings, and 2 halfpence, the property of James Hearne, from his person; to which he pleaded
GUILTY . Aged 64.— Confined Three Months.
JOHN MARON . I am a butcher, and live in St. Agnes-terrace. About six o'clock in the morning of the 1st of July I was in Leadenhall-street, and saw the prisoner take this handkerchief from a gentleman—I acquainted the gentleman of it—the prisoner turned and saw me, and made off—I directly pursued him round Billiter-street, down Mincing-lane, and lost sight of him—he was taken into custody coming up St. Dunstan's-hill within ten minutes—this is the handkerchief I saw him take—I am sure he is the man—I lost the gentleman, and do not know his name.
Prisoner. Q. You saw me pick it up? A. No—I saw you draw it from the gentleman, who said he would wait, but when I came back he was gone. WILLIAM WILLIAMS (City police-constable, No. 503.) I was going up Mincing-lane—the prisoner passed me—the butcher called, "Stop him"—I turned, and followed—he threw the handkerchief down, and a person took it up, and gave it to me—I pursued, and took the prisoner—I produce the handkerchief.
Prisoner's Defence. I saw it in a door-way, and took it up—the butcher called, and said, "That is the man"—I put it into my pocket—I was intoxicated, and ran off, and heard a cry of "Stop thief"—I threw it down—I came back, and gave myself up.
GUILTY . Aged 19.— Confined Three Months.
THOMAS GARLICK. I am a mariner, belonging to the brig Staples, and lodge in Kent-street, Borough. On the 20th of June I met the prisoner in a public-house, and began to drink—we went to the play, then went into Kent-street to sleep with Elizabeth Morris—I paid for the bed—I took the prisoner there—we went to bed about two o'clock in the morning—I went to bed with Elizabeth Morris, and the prisoner went into the next bed to me—I had a tobacco-pouch and four sovereigns in it when I went to bed—I had taken my jacket and shoes off, but I had my waistcoat on—Elizabeth Morris awoke me about three o'clock, and said, was my watch gone?—I said, "No"—I did not see any body take this property from me—h was done in my sleep—no one was in the room but us three—he went to the Birmingham Railway, and I went after him—this is my pouch—(looking at one)—I made it myself, in Greenland—the prisoner knew I had it.
ELIZABETH MORRIS . I am a friend of the prosecutor's. He was very much intoxicated—he laid down on the bed, and went to sleep—after that the prisoner desired me to move further, that he might take 1s. out of the prosecutor's pocket—I said I would not do such a thing, he had behaved very well to us, and then he made a dive right upon the prosecutor, and took something—I thought it was his watch—I asked the prosecutor if he had taken his watch—he said no, he had not, and at four o'clock the land-lord asked if he had lost any tiling, and said the prisoner had broken two
locks, and got out—a cab-man told me that he had taken a cab, and gone to the Birmingham Railway, and we went after him.
RICHARD NEELD (Railway-police, No. 3.) I was on duty at the Birmingham Railway on the morning of the 21st of June—a cab drove up with the prisoner in it—I went after him, and saw him take this pouch out of his pocket, take out a sovereign, and pay the cab-man 3s.—I took the pouch, and found in it two more sovereigns—the prosecutor came up, and charged him with stealing the pouch containing four sovereigns, but there were. only three sovereigns.
GUILTY . Aged 18.— Confined Six Months.
1807. HANNAH ELMORE was indicted for stealing, on the 20th of June, 2 pairs of stockings, value 1s. 6d.; 10 yards of calico, value 6s. 8d.; 6 yards of fringe, value 1s.; 2 yards of lawn, value 4s.; and 3/4 of a yard of dimity, value 1s.; the goods of Henry Collard Wraith, her master.
MARY WRAITH . I am the wife of Henry Collard Wraith, we live at Victoria-cottages, Hackney. On Saturday, the 20th of June, I thought it necessary to send for a policeman, and my husband asked the prisoner (who was our servant) if her drawers should be searched—they were locked—I found in her drawer two pairs of silk stockings, worth 18s.—I am sure they were mine—they had never been worn by me—they were dirty when I found them—I swear they were the stockings I lost—I found the other things stated—I lost some lawn—she only had one square of that—the other things are mine.
Prisoner. The calico and lawn are mine. Witness. I lost a certain quantity of the same kind—I have brought some pieces to compare—this is it, and here is the person I bought it of.
GUILTY . Aged 26.— Confined Six Months.
HENRY HARTRIDGE . In April I gave the prisoner materials for making a sideboard, and cash to go on with the work—when it was finished he ought to have brought it to me, which he did not do—he was not my servant.
NOT GUILTY .
SARAH FOSTER . I am the wife of Israel Foster, and live in Lower-road, Islington. About half-past seven o'clock, on the 29th of June, I saw the prisoner passing the shop—she came to the stall at my window—I saw her pick up some shoes from where they were, and put them into her apron, she then went to the rail of the window, and untwisted a pair of women's leather boots—I went to her—she had got the boots off, and they were in her apron—I asked what she had got there—she said nothing belonging to me—I said, "Yes, you have taken these shoes, let me see"—she said, "I won't"—I opened her apron, and found the shoes and boots—these are them.
GUILTY . Aged 15.— Confined Six Months.
GUILTY . Aged 16.— Transported for Seven Years—Convict Ship.
GUILTY.** Aged 29.— Transported for Seven Years.
1812. JOHN SIMPSON was indicted for stealing, on the 23rd of June, 1 waistcoat, value 6s.; I knife, value 3d.; 1 handkerchief, value 6d.; 1 bag, value 3d.; 1 loaf of bread, value. 4d.; and 1lb. weight of cheese, value 9d.; the goods of William Wade: and 1 waistcoat, value 1s.; 1 knife, value 1s.; 1 bag, value 3d.; 1 iron wedge, value 1d.; 1 loaf of bread, value 4d.; and 1lb. weight of cheese, value 9d.; the goods of Samuel Baulk.
WILLIAIM WADE . I am a labourer, and live at Abingdon, in Carabridgeshire. I came up to mow, and was employed by Mr. Higginas. On the 23rd of June I laid my waistcoat in the field, about ten yards from the hay—I lost my waistcoat, my bag, and all the other things stated—these are them—(looking at them)—I had seen them all safe about eight o'clock that morning.
CHARLES TOOMES (police-constable S 147.) I was on duty on Hampstead-heath, and was informed that some mowers had lost some clothes—I found the prisoner lying on the furze, apparently asleep, about a mile and a quarter from the field where the men were mowing—I said, "What have you got here?"—he said, "Nothing"—I found these articles on him—I took him back to the mowers, and they identified the property.
Prisoner's Defence. I picked them up in the road.
GUILTY . Aged 51.— Confined Three Months.
ROBERT TAUYLOR . I am a constable in the East India Docks. On the 22nd of June I stopped the prisoner coming out of the gate with the labourers—he appeared rather bulky—I asked what he had got under his trowsers—he said, "Another pair"—I said, "Do you wear two pairs of trowsers?"—he said, "Yes, because I have no drawers"—I found on him this pair of trowsers, which he said he had bought on the Saturday before, at Mr. Abbott's, for 4s. 6d.—he showed me the house—I asked Mr. Abbot if he bad sold them—he said, "No, I never had such a pair, and if I had, I could not have sold them for less than 12s. or 14s."
HENRY MIRING . I am apprentice on board a vessel which was lying in the Docks, which is a port of entry and discharge. Christopher William Nockells, the captain, had a pair of trowsers in the chest on board—I cannot
say when I saw them safe—I cannot swear positively to these trowsers, but I believe they are his—I think I have seen the prisoner on hoard.
Prisoner. I bought them on the Saturday night, but I could not swear where—the tailor would not swear to the trowsers at the Thames Police—I should wish to know how he can swear to them? Witness. We made the captain a stout pair of trowsers and a jacket, and we lined the trowsers in particular manner, which we do not often do—these correspond in lining and in size.
GUILTY . Aged 21.— Confined Six Months.
JOHN MILLER . I am in partnership with Richard Hitch—we keep a baker's shop at Islington. I missed five loaves on the 20th of June—I had seen them safe three minutes before—one of them has been found—it is ours.
FRANCIS PARFLACK . I keep a green-grocer's shop. The prisoners passed my house on the 20th of June, and Robert Green bad an apron full of bread—I should say he had as many as five loaves—they were then about fifty yards from the prosecutor's shop—I went to Mr. Miller's and inquired—I said, "Come with me"—we went, and apprehended Robert Green, and found one loaf on him.
Charles William Green. Q. How for was I from my brother? A. Four or five yards—after we apprehended him, you walked away.
C. W. Green's Defence. I had been fishing, and in going up the New North-road I missed my brother—I walked on, and when I came up to him, I asked him what he had got—the witness then came up, and my brother ran away—when I got home at night, my father said the policeman had been after me—I was coming to the station, and the constable took me.
ROBERT GREEN*— GUILTY . Aged 12.— Confined Three Months.
C. W. GREEN— NOT GUILTY .
JOHN SULLY HOOD . I am a plumber. I was employed by Mr. Seaward's to put some lead on a building of theirs, six or seven months ago—I have compared the lead found by the officer, with the place where I placed it—it appears to match exactly—it was fixed to the building.
THOMAS FOX . I am a Thames police-constable. I saw the prisoner coming over the West India Dock-bridge, on the 22nd of June, about ten minutes past six o'clock in the evening—he went to a marine store-shop, and I saw him take this lead from under his frock, and throw it down into the shop—he was taken into custody, and said he had picked the lead up.
to have been used for cutting lead—I hate compared this lead with that on Mr. Seaward's house—it appears to hare been recently cut, and it corresponds.
Prisoner's Defence. I found the lead under the scaffold.
GUILTY . Aged 56.—Recommended to mercy.— Confined Two Months.
NOT GUILTY .
OLD COURT.—Tuesday, July 7th, 1840.
Second Jury, before Mr. Recorder.
1817. ANN KENNEDY was indicted for burglariously breaking and entering the dwelling-house of John Simmonds, about twelve in the night, of the 17th of June, at St. Giles-in-the-fields, with intent to steal, and sealing therein, 1 cap, value 3d.; 2 handkerchiefs, value 9d.; I towel, value 3d.; 1/2lb. weight of beef, value 2d.; and 14 halfpence; his property: to which she pleaded
GUILTY.*** Aged 26.— Transported for Ten Years.
1818. JAMES LEWIS was indicted for breaking and entering the dwelling-house of John Lines, on the 15th of June, at St. Luke's, and stealing therein, 1 saw, value 8s. 6d.; 1lb. weight of pork, value 6d.; and 2 birdcages, value 3s.; his property.
JOHN LINES . I live in Twisters-alley, Bunhill-row, St. Luke's. On Tuesday, the 16th of June, I went into my workshop, at the bottom of my yard, a wall encloses it with the house—I found the shutter was broken down, which had been nailed up for five months—on looking about I missed a hand-saw, two birds, and two cages, and some pork—I afterwards found one bird in the cage, in Chequer-square—Mr. Tarbox, who had bought it, detained the prisoner while I went for a policeman.
Prisoner. The workshop is fifteen feet from the dwelling-house; he now indicts me for breaking and entering the dwelling-house. Witness. My shop is at the bottom of the premises—the garden is now taken in, and made a shop of—you go out into the open air to go to it.
WILLIAM TARBOX . I live in Chequer-place, Whitecross-street. On Tuesday, the 16th of June, the prisoner came to me with a linnet in a cage, to sell, at two o'clock in the day—I gave him 1s. for them—he said he had had it above six months, and told me to be very careful, and mind what seed I gave it, and to give it the same as he had given it himself—in consequence of inquiry, I afterwards went and found him behind an old house, in Chequer-square—I told him a gentleman had called about the bird—he then said he bought it of a man in Old-street, for 8d.—he was apprehended on the 17th.
Prisoner. Q. Did not you leave me, and go into your house, and did not I wait till the policeman came? A. Yes, there were two or three persons round; you could not run away.
saw—he asked 2s. on it—I lent him 1s. 6d.—he said it was his own, and I took it in—I am not certain of the time.
EDWARD SLARK (police-constable G 100.) I received charge of the prisoner—he said he bought the bird of a man in Old-street, for 8d.—I found 3s. 4 1/2 d. on him—he said he met a man in Whitecross-street, who asked him to buy the saw, that he said he would not buy it, and then he pawned it for him.
(Property produced and sworn to.)
GUILTYAged 20.— Of Stealing only.— Transported for Seven Years.
RICHARD STAFFORD . I am the son of Timothy Stafford, a watchmaker, of Bridge-place, City-road. On the 23rd of June, between seven and eight o'clock, in the morning, the prisoner came to the shop, and asked for a gold watch-key, which was in the window—he came round the counter, and pointed it out—he moved the velvet, then made another move, and said he had made up his mind to have a metal key—he paid 2d. for one, and went out—I had noticed his making a move when he pointed to a gold key, near the end of the window, and then I saw his hand half in and half out of his pocket—he was looking at the window where a silver watch hung—it was the only silver one there—some hours after he had left I missed it—I had seen it safe half-an-hour before he came in—nobody but my father had been in the shop, from the time the prisoner left till I missed it—last Monday week I saw him in the street—(I had seen him frequently before this)—I went up to him—he ran away—I called "Stop thief," and he said he would kill me if I did not hold my noise—my father afterwards joined me in pursuit of him, and he was secured—he said he did not know our shop, and denied having been there—I am certain it was him—I did not notice the watch while he was in the shop—he looked towards where I had hung it up.
TIMOTHY STAFFORD . I am the witness's father. The watch was worth about 30s.—I was present when the prisoner said he bad never been in the shop—I gave him in charge—several days previous to the watch being stolen he was at my window, lurking about the shop with four more—my son called my attention to him several times, and when I came to the window he always went away—I never touched the watch—we missed it about half-past ten o'clock.
Prisoner's Defence. I was walking out; the boy ran after me; I stopped directly—he told me I was a thief, and wanted me to come back to his father; I asked, "What for?"—another man came up and caught hold of me, and his father gave me in charge.
NOT GUILTY .
—I was attracted by a man going into every garden he could find open, with sealing-wax in his hand, and going up to the houses—I was delivering letters at the same houses—I watched, and saw the prisoner lurking very close behind him—a short time after, I saw him join the young man in conversation—I was coming in the same direction as them, and at the corner of Arm wood-street I told them if I caught them in that situation gain I would lock them up—they immediately separated—the prisoner went down Armwood-street and the other towards London—my business took me down Armwood-street with my letters—I went after him, came up with him, and asked if he had any thing on his person—I think his answer was "No"—I was not satisfied, and commenced searching his coat pockets—I did not put my hand into them, but felt outside—he pulled out of his trowsers' pocket a sovereign and some silver—I pulled his hat off, and saw a handkerchief with something wrapped up in it—I took hold of it—he immediately ran away—I pursued, calling out, "Stop him"—he was stopped at the top of Armwood-street—I sent a man for a policeman, but no one came, I took him down to a public-house at the corner of Park-street, where he made a struggle and nearly succeeded in getting away—three policemen came up and I gave him in charge—the handkerchief contained a pair of sugar tongs, a knife and fork, and a spoon—when I saw him with the other man they were about a mile from the prosecutor's house, which is on Downshire hill.
Cross-examined by MR. PHILLIPS. Q. Is it any thing like a quarter of a mile from the public-house to Downshire-hill? A. I speak to the best of my judgment—I was employed by the authorities of St. Pancras that day—my business took me over the bridge—I did not see the prisoner go into any gardens at all.
(Property produced and sworn to.)
(MR. PHILLIPS, on the prisoner's behalf, stated that the other boy had given him the property.)
PETER NEAL . re-examined. Q. How far from any of the gardens did the prisoner join the other man? A. It might be ten or twelve houses off—I did not see the prisoner nearer to the prosecutor's house than Chalk Farm-lane.
(The prisoner received a good character.)
GUILTY . Aged 51.— Transported for Seven Years.
1821. JEREMIAH MOYNAHAN was indicted for stealing, on the 1st of July, 1 box, value 4d.; 9 gowns, value 2l. 18s.; 3 petticoats, value 9s.; 1 shift, value 2s.; 2 aprons, value 3d.; 1 pair of stays, value 3s.; 5 pairs of stockings, value 5s.; 2 bed-gowns, value 4s.; 8 caps, value 8s.; 8 printed books, value 16s.; 3 handkerchiefs, value 3s.; 1 yard of linen, value 3s.; 1 medal, value 2d.; 1 watch-key, value 2d.; and 1 breast-pin, value 5s.; the goods of Mary Madden.
MARY MADDEN . I live at my uncle's, in New-street, Commercial-road. I came to London from Cork by a steamer, on the 1st of July—I came on shore between half-past six and seven o'clock—I had a square deal box—I saw the prisoner on the stairs at Wappihg—I was agreeing with a boy to take my box for 1s., and the prisoner came up and offered to take it for
6d.—I let him take it—it contained the articles stated, which were worth above 5l.—I asked him where Samuel-street, Commercial-road, was—he said he knew it, and he would show me—I was with him nearly an hour, and then suddenly I missed him—I was asking a girl where Samuel-street was, at the time, and he passed on—I found out my uncle's house—I was afterwards with the police in St. Giles's, when the prisoner was apprehended—I have since seen a broken gold ring, a medal, and a watch-key, which I know.
Prisoner. You told me it was No. 10, Daniel-street. Witness. I told him Samuel-street, and asked him if he knew Providence-street, which I understood was next to it—he said he did know it—he took me to several places.
JOHN NORTH (police-constable H 90.) On the 1st of July the prosecutrix came to me at the station-house in St. Giles's, and took me to Buckeridge-street, where I saw the prisoner—her uncle was with her—she gave the prisoner in charge for stealing her box—he denied having seen her at all, or her box—at the station-house I found a medal, a gold breastpin, a watch-key, a duplicate, a handkerchief, and a tobacco-box on him—he then said he had left the box at the corner of a street, in the possession of the prosecutrix, and that she and the box were gone when he came back.
Prisoner. I told him when I got to the station-house I would tell him all about it. Witness. He did not—he said he knew nothing at all about the box.
JOHN CORCORAN . I live in Glasshouse-street, Rosemary-lane. On the 1st of July I saw the prosecutrix in East Smithfield, in company with the prisoner, who was carrying a box—I knew her and told the prisoner she was a townswoman—he said he was going to No. 10, Samuel-street, Commercial-road.
Prisoner. She said so herself. Witness. She said she wanted to go to No. 10, Samuel-street, Commercial-road, and he said he knew it—the prosecutrix and her uncle afterwards found me—I went with them to St. Giles's, and met the prisoner—I asked him where the box was—he said he knew nothing of it—I told him that he did, and that he should give it up—he then said he had left it by the roadside.
Prisoner. You knew where I lived. Witness. I did not—it was about twenty minutes after six when I met them with the box.
Prisoner's Defence. She kept me a whole hour looking for the place; I was tired of carrying the box, and I laid it down and turned the corner to make water, and when I came back she was gone, and the box too; I told her if she gave me the direction I would find it, but she kept walking about and giving me the wrong name of the street; there was no such street as Daniel-street; I picked up the duplicate in the street.
GUILTY . Aged.— Transported for Seven Years.
1822. SARAH HARRIS was indicted for feloniously assaulting Elizabeth Mary White, on the 1st of July, putting her in fear, and taking from her person, and against her will, 2 shillings, her monies: and immediately before, at the time of, and after the said robbery, feloniously beating and striking her.
ELIZABETH MARY WHITE . I am a widow, and live in Baltic-street, Old-street, St. Luke's—I get my living by going out charing. On Wednesday evening, the 1st of July, I went into Lascelles-court, St. Giles's—I saw the prisoner standing at the door of No. 7—I was taken unwell, and wished her to show me a private place—she took me to a room on the first floor, and furnished me with a convenience—I gave her 2d.—she said I had got more money about me, and instantly knocked me down, and said she would have all that I had or my life—she struck me violently in my body and my eyes, and tore my bonnet—the crape of it was terribly torn—she threw me down, put her hand into my pocket, and took out 2s.—she then left the room—I was quite stunned with the fall, and when I came down stairs she pushed me again, and tried to get my pattens from me—I saw King, the constable, and told him what had happened—I was quite sober, but very much agitated—I hardly knew how to get home.
Prisoner. I was at the top of the court when she came up, she had another female with her—she asked me to accommodate her—I took her into my room—she stopped about half-an-hour talking about her husband, saying she had been drinking all day, and was truly unhappy, and should I like something to drink—she gave me 2d., and came down stairs—I said, "I don't wish to go out"—she laid hold of me, and dragged me by my shawl—another female came up—she gave her 1d. and dropped a halfpenny on the stones, which the other female picked up—I asked what it was—she said "You may keep it"—she said, "Well, I have lost 2s., I have been robbed somehow;"—she said to the other, "Take my pattens and pawn them, and we will have something to drink"—she said, "You had better go and pawn them yourself." Witness. It is not true—I did not talk with her about my husband, or that I drank because I was out of spirits about it—I did not offer to send for gin—I did not want to pawn my pattens—I did not accuse the other female of robbing me—she did not assault me at all—she came there to see what was the matter.
THOMAS KING (police-constable F 55.) On the 1st of July, between eight and nine o'clock, the prosecutrix came up to me at the end of Lascelles-court, and gave me information—I took the prisoner into custody in Lascelles-court—the prosecutrix charged her with robbing her, and another woman, as being with her—she did not express any doubt at that time who took her money—she said the two were together—she was sober, and had a great mark on her forehead, which is to be seen now—it appeared done at that instant—she appeared to have been beaten.
Prisoner. Q. Did you not say before the Magistrate that the woman said she did not know whether it was me or the other female that robbed her? A. She said there were two together—she charged you with being the person who knocked her down and robbed her.
COURT. Q. Have you not said that she could not say which robbed her? A. She said there were two together when she first called me—I made immediate search after them—the first I met with was Mary Evans, who was acquitted before the Magistrate—the prosecutrix said she was with the prisoner—I gave my brother officer information, and he apprehended the prisoner—(looking at his deposition)—this is my signature—it was read
over to me before I signed it—(The witness's deposition being read, stated, "I took Evans into custody, and last witness said she was one of the women who knocked her down, but she could not say who robbed her")—she stated to me, at the end of the court, that there were two women in company together, and Evans was the woman who knocked her down, but before the Magistrate she bound it down hard and fast to the prisoner—she was sober, but very much agitated.
Prisoner. Q. Did she not acknowledge that she wanted the other female to pledge her pattens? A. No.
ELIZABETH MARY WHITE re-examined. Q. How came you to tell the officer you could not say which of the two robbed you? A. I was nearly stunned at the time, she threw me down with such violence—I have perfectly recollected myself since, and she is the woman—she had no shawl on—I had nobody with me—(The witness's deposition being read agreed with her evidence.)
JOSEPH HOILE (police-constable F 95.) I took the prisoner into custody—I put a few questions to her—she denied that she ever lived in Lascelles-court, or that she had been down there that day, and said she lived in Jones-court, St. Giles's—I took her there—she took me up stairs to a room, and said the door was fastened—I found she was not living there, and took her to the station-house—the prosecutrix recognised her there, and said she was the person who had knocked her down and robbed her—she then said she did accompany her up stairs, and received a few halfpence from her, but denied knocking her down and robbing her—respecting the other female who was taken, the prosecutrix said she was the young woman who came up to the door after she came out of the room, and she went away with the policeman, but the prisoner was the woman who robbed her.
Prisoner. My room was not altogether right, my bed was not made, and I did not wish to take him to my own room on that account—I had only lived two days in Lascelles-court, and did not wish to take him there—he would not tell me why he wanted to go to my place.
SAMUEL GRIFFITH . I am a chimney-sweeper, and live at No. 8, Lascelles-court. On the evening of the 1st of July I was in the parlour of that house, and heard a noise in No. 7—I went up to see what was the matter, and saw the prosecutrix and prisoner in the passage—the prosecutrix seemed frightened—she had been knocked down stairs—I saw the prisoner knock her down again at the door, or shove her—I am sure she is the person—she left the court, and pulled the woman Evans away with her up the court.
THOMAS KING . re-examined. She was searched, and 6d. found on her; but she had spent the 2s. for the shawl she has on—the young woman who we took with her said, in her presence, that she had taken it out of pledge—the prisoner made no remark to that.
Prisoner. I had received half-a-crown from a man that evening.
GUILTY . Aged 24.— Transported for Fifteen Years.
GUILTY . Aged 16.—Recommended to mercy,— Confined One Month.
MARY LOW . I am the wife of Theophilus Low, and live in Shepperton-place, Islington—I did live in Popham-terrace—I deal with Mr. Adams for milk, the prisoner served me. On the 22nd of June I paid him 15d. on account of his master—I generally paid by the week or fortnight.
Cross-examined by MR. PHILLIPS. Q. Were you in the habit of getting my acknowledgment from him? A. Not any—I have paid him perhaps 2s. or 3s., but never exceeding that at one time.
WALTER ADAMS . I am a milkman. The prisoner was in my employ, to carry out milk, and receive money on my account—he has never accounted to me for the 15d. received from Mrs. Low on the 22nd of June—he absconded from my service last Thursday week—I gave information to the police, and found him at the station-house next day—the policeman asked me, in his presence, what sums he had taken—I said I could not tell, but there was one of about a sovereign which he had not accounted for—he replied, "No sir, I suppose you allude to Popham-terrace; I did not receive a sovereign, for I have received that money regularly weekly"—he has not accounted to me for any money received from Mrs. Low since October.
Cross-examined. Q. How long has he been in your service? A. A little more than four years—I found him in the walk, when I bought it of Mr. Butt, in whose service he had been five or six years—I first gave him half-a-crown a week and his board and lodging, and subsequently raised it to 3s.—he found himself in clothes—he had been in liquor two or three times, and within the last three weeks has been very bad indeed.
GUILTY . Aged.—Recommended to mercy.— Confined Three Months.
NEW COURT.—Tuesday, July 7th, 1840.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 32.— Confined Three Months.
GUILTY . Aged 17.— Confined Two Days.
GUILTY . Aged 15.— Confined Six Months.
ROBERT CAMPBELL MALLETT . I live in Shoe-lane, Holborn. About ten o'clock at night, on the 16th of June, I was going up Holborn-hill; just as I was going to turn the corner of Shoe-lane, I felt my handkerchief drawn out of my right hand pocket—I said, "My handkerchief is gone, Stop thief"—the prisoner was about a yard and a half in front of me—he passed me on the right—I should have been able to seize him if I had not lost my right arm—I am sure it was him—I have not the least doubt—he was differently dressed to what he is now—he had a brown coat on—there were three of them together, Williams and another boy—I knew Williams
before—I saw him in Court last Session—I have no doubt about Freeman—I called "Stop thief"—he was the first to run—he ran across up Union-place—I followed him up Union-place or court for some distance, and was close upon him—I was afraid to go further, and lost sight of him—I turned back again—my handkerchief was a white one—it has not been found—I think he was taken about a quarter to eleven o'clock—they brought him to the station-house, and I recognized him immediately.
Cross-examined by MR. ROE. Q. Tell me, as near as you possibly can, what time it was? A. It was between ten and half-past—I should say it was more than a quarter-past, but I cannot swear to the time—the prisoner ran across Holbom, just opposite a boot and shoe shop—he went up this court, and went off to the left—there was such a mob that I did not go further—he might have run up part of the hill—he merely crossed the road—I did take notice of the other prisoner—I cannot say whether Williams ran immediately after the other—I cannot say which way he went—I saw him no more till he was at the station-house.
THOMAS GREENHAM (City police-constable, No. 282.) I was on duty on the 16th of June—I cannot say exactly what o'clock it was—I believe it was about half-pastten—I heard the prosecutor call "Stop thief"—I was opposite Shoe-lane, in Holborn—I saw the prisoners Freeman and Williams—I am quite sure the prisoner is the man—I knew him before, by seeing him about—I saw him running away from the prosecutor—I saw the handkerchief in Williams's hand, and since his conviction last Sessions, a person has been apprehended for receiving it of Williams, who acknowledged to it—I am quite confident I saw Freeman running—he ran in the direction of Holborn, straight up, towards Gray's-inn-lane, but how far he went I cannot say—I went after Williams—where Freeman went I cannot say, but he afterwards came and rescued Williams, with the assistance of others.
Cross-examined. Q. How far were you from the prosecutor when you heard the cry of "Stop thief?" A. From six to eight yards, hardly that, they were both together, but when they saw me they ran in two directions—Williams took through Union-court, Holborn, to Field-lane—it was about 400 yards from where they separated to where I apprehended Williams—Freeman ran up through Holborn directly from me—he came back in about ten minutes—I took Williams in Brewer's-yard.
MR. ROE called the following witnesses.
JOSEPH ROBINSON . I am a watch-maker, living in Wellington-street. On the 16th of June I was at the White-lion public-house, in Old-street, about half-past eight o'clock, in company with the prisoner—I was in his company till near eleven o'clock—he left, to the best of my knowledge, about a quarter after ten—I have known him from a child—he has worked for me.
DANIEL EDWARDS . I am a watch-finisher, living in Europa-place. On the evening of the 16th of June, I was at the White-lion public-house, from seven o'clock till twenty minutes after ten—I saw the prisoner there—he left as near the quarter-past ten as possible—I wanted to go at half-past, and looked at the clock.
ROBERT BURNETT . I am a watch-escapement maker. I was at the White-lion public-house, from eight till eleven o'clock—I saw the prisoner there, from eight o'clock till ten minutes or a quarter-past ten—I saw him leave the room—it is about a mile from the White-lion public-house, Old street, to West-street, Smithfield.
GEORGE HIGGINS . I am a painter, and live in West-street. I have a little connexion of my own—I was in West-street on the 16th of June, at twenty minutes or twenty-five minutes past ten o'clock—I saw the prisoner in West-street that evening—I saw him coming down, wrapping up his apron, coming from Smithfield—I was standing at a public-house door—he said, "Do you know what is the matter?"—I said, "I don't know"—we went down the street together—West-street is about a minute's walk from Shoe-lane—the prisoner, when we got down, placed his back against the railing, and by that time the policeman came up an arch-way, calling out "Murder"—he had no hat—he passed the prisoner twice, and directly he saw two or three more policemen, he made a grab at any body he could lay hold of—he said to the policemen, "Take him off he is one of them"—he put out his hands, but they all got out of his way—the prisoner did not attempt to go away—he had plenty of opportunity if he chose.
COURT. Q. Was there a rescue going on? A. Yes—I lived with Mr. Shearman, at the Crown public-house—I paint for different people—the last was for a gentleman in Myddleton-street, Spa-fields—I painted his house from top to bottom, about a fortnight ago—it is a doctor's shop—I think Crawley is the name—there was no name up—I cannot tell the number—the amount of the bill came to 23s.—I sent in my bill—it has been paid—I go round and ask for jobs—I buy my paint of Mr. Fowler, of Leather-lane—I worked for Mr. Siggers, in the Strand, a large gaitermaker, about five or six weeks back—I cleaned and varnished his front—I go round to inquire for work—I go to shops, if I see any thing wants doing, I go in and inquire—I painted a cart for Mr. Gothorn, in the Nacker's-yard, Cow-cross.
MR. ROE. Q. Should you know this Doctor's house? A. Yes. (John Lea, a watch-finisher, of Wellington-street, Goswell-street; Thomas Bird, watch-finisher, of Wellington-street; and William Jackson, publican, Brick-lane, St. Luke's; gave the prisoner a good character.)
COURT. to THOMAS GREENHAM. Q. Are you positively sure the prisoner is the man you saw running from the prosecutor? A. I am quite confident he is the man—I knew him before by seeing him about Field-lane and West-street all hours of the night—I never lost sight of him from the time he rescued Williams, till I gave him into custody.
GUILTY . Aged 21.—(See Eighth Session, page 379.)
MR. HORRY. conducted the Prosecution.
RICHARD BOND . I am a broker, and live in Seymour-street, Eustonsquare. About the beginning of April, I put a distress into the house of Mr. Beale, at Finchley—I put the prisoner in possession—I bad been in the habit of employing him for that purpose upwards of two years—I sent for him to his house on the Sunday morning—I was not aware that he was out of possession, but one of my men being taken ill, sent to me, and I sent to the prisoner—he said, "Oh, I got a little too drunk last night, and left the money in the publican's hands"—he ought to have received 7l., and the expenses about 10s. 6d.—he said he was paid out last night (speaking of Saturday night) in the City—I told him he was wrong in leaving the premises, but I hoped he would let me have the money after one o'clock, and to go and relieve the other man—he did not return—I
went to his lodgings, but did not find him, and did not see him again till the 17th of June, when I met him in Drummond-street, Euston-square—I said, "Halloo, I have been looking for you a long time, where have you been?"—he said, "I have been into the country, but I am coming to you?"—I said, "It is very strange you should be going another way"—I gave him in charge.
Prisoner. I said I would accompany you to a policeman. Witness. You walked with me till I saw a policeman.
WILLIAM BEALE . I have a house at Finchley. Mr. Bond put a distress into my house for rent, about the 2nd of April—the prisoner was in possession—I paid him the amount, about 7l. odd—I have got the receipt—this is it—he signed it in my presence, I believe.
MR. BOND re-examined. This is the receipt I drew and left in the prisoner's hands, that if the money should be paid, he should have to put in the day of the month—this number 4, is his writing.
(The prisoner, in a very long address, stated that he had received the money at a public-house, where he continued till he got intoxicated, and had either left the money at some house, or lost it.)
NOT GUILTY .
1830. ABRAHAM LEVY was indicted for stealing, on the 10th of June, 37 ink-stands, value 1l. 2s. 6d.; 9 wafer-seals, value 3s. 6d.; and 7 boxes of lights, value 4s. 3d.; the goods of Morris Crawcour his master.
MORRIS CRAWCOUR . I live in Ash-street, Hoxton. I employed the prisoner to collect orders for me—I gave him thirty-seven ink-stands to use for patterns to take orders—he took them on the morning of the 10th of June, and was to return them at night, with any orders he might take, but I did not see him till Saturday morning, when I went to his lodgings and took a policeman with me—he had a letter written out, which his wife gave me—it stated he had made away with a few shillings, and he would make it up—he told me that he had sold the inkstands and waferseals, and other things, and appropriated the money to himself—I did not authorise him to do so.
Prisoner. Did you not tell me, "Don't turn away money?" and on four or five occasions I have come home, and told you I could get no orders, but I could have sold the goods—and you said you would make up some goods for me to sell? Witness. I did not authorise him to sell them, but he had sold several things on the preceding days—he had been only nine days with me—he had sold things, and I had taken the money, but I told him not to do it again—he could not consider that he was authorised to sell these—I allowed him goods at a certain price, and when he took them, I would charge him 20 per cent, under—if he had chosen to have taken more ink-stands, he might.
Prisoner. Q. Did you not say, "Don't turn away money?" A. Decidedly not—I told you not to refuse orders—you were not authorized to sell these—I will swear I did not tell you not to stand nice, but to take money.
Prisoners Defence. I have been between six and seven yean hawking
for this man; he met me and said, "Would you have any objection to go oat and hawk for me?" I said things were very dull, but I would try; he let me have a stock, which he terms patterns; I told him I could not get orders without I had an assortment; he looked them out, and I accounted from day to day; I have a list of things which he entered, and he entered 9s. 6d. in the day book.
GUILTY . Aged 26.— Confined Three Months.
THOMAS GEORGE THOMAS . I am a seaman belonging to the Stately—she was in the West India Docks on the 27th of June—I went on board at half-past six o'clock—I had a sovereign and a half-sovereign and 10 or 12 shillings in my right-hand trowsers pocket—I stripped and put on my working clothes—I put my things in my berth, and in the evening I went to dress to go on shore—I missed the half-sovereign and some silver, but whether there were two or three shillings I am not sure—I am sure there were shillings—I called the Mate—he called the prisoner, taxed him with it, and told him to pull his chest out, which he did, and some of these things he had in the chest, and the rest in his pocket—they are three knives, a jew's-harp, and a lucifer box—they all appeared new—I have lost my ship by this—he first denied taking it, and then admitted taking 2s.—the mate asked him about the half-sovereign, and he admitted taking it, and changing it in Whitechapel, and that these things he bought with part of the money.
FREDERICK BARLING . I am a stationer in Limehouse. On Saturday, the 27th of June, the prisoner and another boy in landsman's clothes came and bought three knives and then a jew's-harp—he changed a half-sovereign—he said he was going away on the Tuesday.
Prisoner's Defence. About half-past seven o'clock I went to get some lucifers, and found some money.
(The prisoner received a good character.)
GUILTY . Aged 13.—Recommended to mercy.— Confined Three Days. and Whipped.
1832. ROBERT WENDOVER was indicted for feloniously receiving of a certain evil-disposed person 1 bag, value 3d.; and 1 peck of canary seed, value 1s. 6d.; the goods of Joseph Woodward, on the 17th of June, well knowing them to have been stolen; against the Statute, &c.
JOSEPH WOODWARD . I keep a corn-chandler's shop in Chichesterplace, Gray's Inn-road. I lost a bag of canary seed—the last time I saw it was about ten days before last Tuesday—I cannot swear whether the bag which is here is mine.
MARY BENDELL . I am in the prosecutor's service—I know this bag—(looking at it)—we missed it when the policeman came—I believe this to be my master's by marks which I know it by—it contained about five quarts of canary seed—it was lost on the 17th or 18th of June—I think I have seen the prisoner's wife in our shop, but not lately.
THOMAS HOWARD (police-constable E 139.) On the 20th of June I went after the prisoner to Caroline-place, Cromer-street, where he lives—I asked to gain admission—the prisoner locked us out—we broke the door open, and he ran up stairs immediately—I ran after him, and asked him
several times to come down—he would not—I dragged him down—I broke open an upper-room door and in searching a cupboard I found this bag covered with rubbish.
NOT GUILTY .
1833. ROBERT WENDOVER was again indicted for feloniously receiving, on the 8th of June, 4 pairs of stockings, value 4s.; the goods of Henry Parnell, well knowing them to have been stolen; against the Statute, &c.
THOMAS BARTHOLOMEW . I am shopman to Henry Parnell, a hosier in Bishopsgate-street. On the 8th of June we lost four pairs of stockings—they were outside the shop for sale—these are the stockings—(looking at them)—I do not know the prisoner.
NOT GUILTY .
1834. JAMES PEPLOW was indicted for stealing; on the 5th of April, 1 watch, value 2l. 10s.; 1 shirt, value 5s.; 2 pairs of stockings, value 1s.; and 2 handkerchiefs, value 5s.; the goods of Isaac Smith, his master; to which he pleaded
GUILTY . Aged 17.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution.
EMMA WHITFORD DEEKS . I am single, and live with my aunt, in Adam-street, Manchester-square; the prisoner lodged in the attic, and had done so for three weeks. At five minutes before twelve o'clock on Wednesday the 24th of June, I went down into the kitchen, and left on the table in the parlour my bonnet, shawl, gloves, and my purse, which contained four sovereigns, two half-sovereigns, two half-crowns, and four shillings—I went up stairs in about ten minutes, and missed my purse and its contents—I do not know whether the prisoner was in the house at that time—I went up to the first-floor, to Miss Sowerby, and made inquiry of her and the other lodgers—about half-past five o'clock the prisoner came home—I was in the parlour—I asked him to come and speak to me—he said, "Very well," but he still kept going up stairs—I followed him—he got into his room two or three minutes before me—the door was ajar, and I went in—he had his hat on, and a stick in his hand—his other hand was in his portmanteau, and I heard the jinking of money—I asked him what time he went out in the morning—he hesitated some time, and then said, "When the bell rang"—I understood by that the chapel bell, which commences at eleven o'clock—he asked whether any thing had happened—I said, "Nothing particular"—I made no charge then—Miss Sowerby followed me to his room—I then left his room, and told Miss Sowerby not to let him go till I got a policeman—he might have heard me say that—I went out, and when I returned I found him at the street door, Miss Sowerby had hold of him by the collar, and he was struggling—he got away, and ran as fast as he could down Adam-street, into Manchester-square, and as far as Duke-street—I followed as fast as I could, and saw two young men stop him—I said there was a purse missing, and he having gone out, there was great suspicion attached to him, and I wished him to return—one of the young men asked why he ran away—he said, because he was frightened—he was brought back and given into custody—(he paid 4s. 6d. a
week)—I was present when the officer found three sovereigns is his portmanleau, in a leather purse, which purse was not mine—he was taken before the Magistrate on Thursday morning, and came back with a friend of his about half-past five, or six o'clock, to get his things—I called a constable to go up with him—I had had the key all the time, and no one had been in—the constable searched the room, and found nothing—I had the key from the Thursday till the Saturday evening, when he came again—I handed the key to the constable again—he let the prisoner in, and was there till he went—I went up, and locked the door, and took the key out—no one had entered but the prisoner and the officers—on the Monday I went in, about half-past twelve o'clock, with a woman, to clean the room—I told her to sweep the loose soot from the lower part of the chimney—she took her hand to remove the soot from the hob, and on moving it she pulled out this purse (looking at one) which is the purse I lost with the money.
Prisoner. Q. On the Wednesday, when I came home, you called me? A. Yes, I did, and you said, "Very well"—I did not hear you say you were coming in a few minutes.
Cross-examined by MR. CLARKSON. Q. Where were you when the girl went into the room on the Monday? A. In the room—it was customary to sweep the chimney—I was on the landing when the woman came out with the purse—I did not see it found, but I could see part of the chimney from where I was—the prisoner used to leave his door unlocked.
COURT. Q. Did the girl who found the purse live in the house? A. No—she was not there on the 24th of June—I kept the key of his room from Thursday till the Monday, except when I gave it to the policeman—the door was locked all that time.
MR. CLARKSON. Q. Did you lock it yourself? A. I did the last time—I saw the officer lock it the first time, and he gave me the key, which I kept in my own apartment, and I locked my own door when I went out.
MARIA SOWERBY . I lodge in the house—I am a dress-maker—I remember the prosecutrix's purse being lost on the 24th of June—the last time I saw the prisoner that day, was at half-past eleven o'clock—he was coming up stairs—he had no hat on—I did not see him go out—I was in my own room—I remember his coming home that day a little after five o'clock—Miss Deeks followed him up stairs, and I followed her—she left to fetch an officer, and she requested me to remain and watch the prisoner—he was going down stairs and I said to him, "Will you be kind enough to stay, something unpleasant has occurred, and Miss Deeks wants to speak to you?"—he pushed me on one side, and ran down stairs—I collared him at the door—he called me a d——d b——h, and tried to get away—I held him till he got to Manchester-square—he bit my finger, and made me let him go—Miss Deeks and I followed him till he was stopped by two young men, and brought back.
EDWARD MCDONNEL (police-constable D 49.) On the 24th of June, I was in Adam-street, and was called to take the prisoner—I asked him whether he had stolen the purse and money—he said he knew nothing about it—I searched him at the station-house, and found on him, I sovereign, 8 half-crowns, 9 shillings, 3 sixpences, and three-pence half-penny, which he told me belonged to himself—I went back to the house
with Jones and searched the drawers and then the portmanteau, I there found a small morocco purse containing 3 sovereigns, six letters, and a passport.
Cross-examined. Q. Did you search the room as well as the trunk? A. Yes—I did not particularly examine the grate, but Sergeant Jones did.
MR. BALLANTINE. Q. Were you intoxicated at the time? A. No.
ANN KARNEY . I am the wife of Peter Karney; I lodge in the next attic to the prisoner. On the 24th of June he went out, to the best of my knowledge, about half-past eleven o'clock—I dine about twelve—I heard a foot go out of his room about half-past eleven, while I was at dinner—I go to dinner sometimes about twelve.
COURT. Q. What makes you say this was about half-past eleven o'clock? A. It was a cold dinner I had—I cannot say exactly to the moment.
WILLIAM JONES (police-sergeant D 10.) On the 24th of June, the prisoner was brought to the station-house—I was sent to search his room—the leather purse and money was found in the portmanteau—I searched the fire-place, it was very clear of soot—I did not search the chimney nor feel up it.
MARY ANN MUGGERIDGE . I am the wife of Henry Muggeridge. I went on the Monday to clean the room—I swept the lower part of the chimney round, and finding the broom would not go up, I put my hand and pulled the soot out, and the purse, which could not be seen—unless I had used my hand I should not have found it.
ROBERT GEAR . I live in Great Barlow-street. I stopped the prisoner and took him back, he was running as fast as he could—I asked him why he ran away—he said he was frightened—I asked him why he was frightened—he said he did not know what was the matter.
NOT GUILTY .
ANN LEA . I am an unfortunate woman. The prisoner met me in New Tothill-street on the 27th of June—he gave me 1s. 6d., and stopped with me half-an-hour—and as he was going from me he demanded his money back, and as I would not give it him, he stole this gown off the table—he ordered me out of my own place—I would not go out—he said he would make me go out, and he would shut the door—I would not go—he took the gown and ran away with it—the policeman caught him.
Prisoner. Q. How far did you run after me? A. As far as the end of the court—but I could not see you.
GEORGE BANHAM (police-constable B 84.) I was on duty about two o'clock in the morning in Duke-street, and saw the prisoner come running along, tucking something under his coat—I asked him what he had got—he took this gown out and threw it behind him—he said he did not know where he got it—I took him to the station-house—he said he knew nothing about it—the next morning I asked if he knew any thing about it—he said he went home with a girl—I made inquiries, and found the prosecutrix.
Prisoner's Defence. I know nothing of it; and I consider the only way I could get it, was to give the girl 1s. 6d. for it.
(The prisoner received a good character)
GUILTY . Aged 31.— Confined Nine Months.
CHARLES DREW . I keep the Crown public-house, in Church-street, Bethnal-green. A few minutes before ten o'clock at night on the 29th of June, I met the prisoner in my house, coming from the skittle-ground—my brother followed him to the street, and took from him this quart-pot—his hat fell off, and this pint-pot was in it—they are both mine—he had no right to them.
GUILTY . Aged 2A.—Recommended to mercy.— Confined Three Months.
1838. WILLIAM GOLDING was indicted for stealing, on the 18th of June, 1 saddle, value 4s.; I crupper, value 1s.; and 1 breeching, value 1s.; the goods of John Mason: and that he bad been before convicted of felony.
BENJAMIN COLLINS . I am carman to John Mason, of the City-road. At a quarter to eight o'clock, on the 18th of June, I went to his stables, and missed a chaise-saddle, a crupper, and breeching—I had seen them safe about nine o'clock the previous night, when I left the stable—this is the saddle that was lost—(looking at it)—the stable was not broken—we were building new premises, and they got through the window.
SAMUEL WRIGHT (police-constable G 186.) I found the prisoner in Featherstone-street, City-road, at half-past two o'clock in the morning, on the 18th of June, with these things, coming from prosecutor's back premises—I took from him this saddle and breeching.
GUILTY . Aged 21.— Transported for Seven Years.
JOSEPH PRICE BRIDGEWELL . I am a linen-draper, and live in High Holborn. About nine o'clock in the evening of the 29th of June, the prisoner came and asked to look at some printed cotton for a dress—she had a shawl on, and held up her arm—I examined the goods which I had showed her, and found two were missing when she had gone out—she had got to the corner of my window—I followed, and said to her, "You have stolen a piece of print"—she said, "Don't make a noise, I will return with you into the shop"—I took her by the arm and took her into the shop, and keeping her from the counter where the prints were—I opened her shawl, and these two pieces dropped from her—she gave herself a twist, I saw them, they are mine.
Prisoner's Defence. I went and asked for a print, he showed me some, I did not like them, they were too dear; he recommended one so much that I did not know how to refuse it. I came out to look into his window, and he came after me, and pushed me back into his shop. He jumped
over the counter, and knocked some down in getting over; he said he missed one piece first, and then he picked up the two pieces, which laid in a different direction to where I sat.
COURT. to J. P. BRIDGEWILL. Q. Were they picked up near where she stated? A. They were.
GUILTY . Aged 24.— Confined Four Months.
GUILTY . ** Transported for Seven Years—Convict Ship.
GUILTY . Aged 18.— Confined Four Months.
1842. HENRY WALKER was indicted for stealing, on the 3rd of November, 5 sovereigns, 2 half-sovereigns, 200 shillings, 48 half-crowns, and 50 pence, and 1 £5 note, the monies of Abraham Redon, his master.
ABRAHAM REDON . The prisoner was in my service for about six months—at the latter end of December, I was collector at Cambridge Heath toll gate—I had him three or four days to help me—I said to him one Sunday, "I shall He down"—he said he wanted to go out, and he went out at six o'clock, and did not return till eleven—I then laid down, and was awoke at five o'clock in the morning, and found the cup-board was broken open, and 25l. gone—the prisoner was gone, and another with him, named Hollingshead, who has been tried—I have not seen the prisoner since till now—there was no one else—I have to pay 10s. a week till it is paid.
Prisoner. There was me, Hollingshead, Chappel, and another one is the toll house, when the prosecutor took the money out of the cupboard, and said, "Look here, my boys, if you bad this it would be a fortune to you." Witness. I have no recollection of that.
HENRY CAPPEL . On the Sunday afternoon the prisoner was at the gate, and the prosecutor took the money out of the cupboard, and said, "Should you like to have this, Harry?"—I went away, and left the prisoner and Hollingshead there.
Prisoner. Q. Was there not more in the toll-house? A. Yes—four of us were there, and you said you loved money, you would do any thing for money.
Prisoner's Defence. Hollingshead came to me at six o'clock at night, and asked if I could stand any beer; I said, "No," but we went and had half-a-quartern of ram; he made me quite tipsy, and said, "You know he showed us some money;" he said if I took it, and gave it him he would take it home, and take care of it till there was no more said about it; then he came while I was asleep, and cut the cupboard, took it, and put it all on my shoulders; he said if I told he would make it worse for me.
GUILTY . Aged.— Confined Nine Months.
HENRY HOWARD . I live in Fore-street, Cripplegate. I was in the street, about four o'clock in the afternoon of the 22nd of June—I missed a handkerchief—I looked about me, and saw the prisoner crossing the road hastily—I followed him—he went away faster—I chased him round a
court, and going round it, he dropped this handkerchief, which is mine—(looking at it.)
GUILTY . Aged 15.—Recommended to mercy by the Prosecutor.— Confined Six Months.
OLD COURT.—Wednesday, July 8th, 1840.
Third Jury, before Mr. Sergeant Arabin.
1844. ROBERT FARRELL was indicted for stealing, on the 18th of June, at St. Leonard's, Shoreditch, I waistcoat, value 2s., the goods of John Garard; and that he had been before convicted of felony: to which he pleaded
GUILTY . Aged 62.— Transported for Seven Years.
WILLIAM SPENCER . I am a general salesman, and live in Whitechapel-road. On the 4th of July, about a quarter past two o'clock in the afternoon, I heard a noise at the door—I turned my head, an I saw the prisoner running away with the boots in his hand, close to the door—I pursued him—he threw them down—I followed, and took him without losing sight of him—these are my boots—(looking at them)—they had been on a stall-board in front of the house.
GUILTY . Aged 18.— Confined Six Weeks.
JOHN WESTERLAND . I am a seaman, belonging to the Prince George, which came from Malta. On the 29th of June I met the prisoner in the street—I had been drinking a good deal, and was in liquor—I went home with her—I do not know the name of the street—we did not go to bed together—I went to bed with my clothes on—she was in the room with me—I had received 14 sovereigns from my captain—the sovereigns and a watch were in my pocket when I went to sleep—I awoke about four o'clock in the morning—the prisoner was not there then—my watch and all my money was gone.
ANN RONINSON . I am an unfortunate woman. The prisoner lodged with me, about five weeks before this happened, on the same floor as me—she came to my house with the prosecutor, on the night in question, about three o'clock—he appeared very much in liquor—they went into the prisoner's room—he sat down in a chair, and she helped him into bed—he went to bed with his clothes on—I heard her go out about a quarter of an hour after—I went into the room about five o'clock, found she was gone, and the prosecutor said he had lost fourteen sovereigns, and his watch.
HENRY GRIMSHAW . I drive a cab. On Monday morning, the 29th of June, about six o'clock, I was on the stand by the Bricklayers' Arms public house—the prisoner came up to me, and asked me what I would take her to Hampstead for—I said, 5s.—in going past the Elephant and Castle public-house,
she put her hand out of the window, and asked me to stop at a public-house, which I did—when I got down she said, "Fetch out half-a-pint of gin"—I said, "A quartern is quite sufficient"—I said, "Give me the money first?" she pulled a paper out of her bosom, and a watch—the paper contained, as near as I could see, ten sovereigns—she gave me a fourpenny piece, and I fetched out a quartern of gin—we went to Hampstead, she called at several public-houses on the road—we went to the Cock public-house at Hampstead, and to Jack Straw's-castle, across the heath, to Hendon—pulled up at the public-house there—the landlord would not serve her—she pulled out the money and watch there, just the same—I saw it several times—this is the watch—(looking at it.)
HANNAH FIELDER . I keep the Red cross public-house, High-street, Borough. On the Monday I saw the prisoner come in a cab to my house with a cab-man, and another man—she did not call for any liquor—the cabman called for a quartern of gin—she wanted half-a-pint—it was not this cab-man, but another—she paid me 1s.—there was some discussion about money—she said she was not in want of money, and pulled a paper out of her bosom, with seven sovereigns in it, and the watch—this is the same watch, I am positive of it—besides the seven sovereigns, she had a handfull of silver—she paid the cab-man in silver—she told me she had fourteen sovereigns in the morning—she was throwing the money in the bar—I sent for a policeman, who took her into custody with the watch and money.
JOHN COOPER (police-constable M 106.) Mrs. Fielder sent for me to her house, and I took the prisoner into custody—the watch was given to me by Mrs. Fielder—seven sovereigns were found on her besides, and 1s. 10d. in other money—there was a man with her—at the station-house the inspector asked her whose watch it was—she turned to the man with her, and said it was her husband's—he made no reply—I asked how she got the money—she said she had robbed her brother at Wapping, at the Dundee Arms—I went there, and he knew nothing about her.
Prisoner. No, it is not his watch, it is my husband's; he left it behind the morning he went to sea. I met with this young man; he gave me half-a-crown; I took him home, he sat on a chair, and said he had no money; I helped him on the bed, and left him there; I went out, and on passing the White Swan public-house, I picked up the purse with ten sovereigns and 15s. in it.
GUILTY . Aged 23.— Transported for Fifteen Years.
Before Mr. Justice Patteson.
GUILTY . Aged 23.— Judgment Respited.
1848. WILLIAM SIMS was indicted for maliciously and feloniously assaulting Elizabeth Butler, on the 25th of June, andcutting and wounding her on her forehead, with intent to maim and disable her—2nd COUNT, stating his intent to be to do her some grievous bodily harm.
ELIZABETH BUTLER . I live in King David-lane—the prisoner and I lived together as man and wife for very nearly eight months—I had several times desired him to go—Idid so on Thursday the 25th of June—he said he could not get a lodging—I told him he must get one—he went out,
came back, and said he had got one, provided I would be answerable for it?—I went at ten o'clock at night along with my sister-in-law, Mrs. Smith, to pass my word—I saw the prisoner, and passed my word for his lodging—as we were coming back again, between ten and eleven o'clock, he was standing against the public-house wall, in the dark—Mrs. Smith said to him, "There you are, Bill"—he said, "There you are, Mrs. Smith"—he beckoned to me, and said, "I want you"—I said, "What do you want to speak to me for? I have been and passed my word for your lodging, if you choose to go to it"—he said, "But I want to speak to you"—I went a few paces towards him—he was standing with his back against the public-house door—he up with his hand—he bad some kind of instrument in it, but what it was, I do not know—it was bright—he struck me over the forehead with it—he did not say a word—the blood flew, and he instantly ran away—I called, "Police," and he was taken into custody—I was hurt very much indeed—he struck me above the eye—I am positive he had something in his hand—I saw it bright—there was a lamp over the public-house door—it was in his left hand—I was confined in-doors three days—I could not hold my head up—Mr. Betson, a surgeon, attended me—I had not had any dispute with the prisoner, more than about his going away—I was tired of him.
Prisoner. I had no instrument whatever—I hit her with ray naked hand—she told me her son was coming home in a ship, and persuaded me to get a lodging—I could not get one—I afterwards found out that another man came home from sea, and she would not let roe go into the house—I had to walk the street from morning till night, and had no where to go, except public-houses—she turned me out of doors for the sake of this man, and that was the reason I struck her. Witness. There was no other man in the house then—he has abused me frequently—I did not refuse him admittance to my house—he told me in the street that he had got a lodging, if I would be answerable for him—I left him at the top of King David-lane, and saw no more of him till I saw him standing against the public-house.
ELIZABETH SMITH . I am sister-in-law to Mrs. Butler. I was coming home with her on the night of the 25th of June, and saw the prisoner standing with his back against the wall, at the top of the lane—I said, "There you are"—he said, "There you are, Mrs. Smith"—Mrs. Butler said to him, "You can go to your lodging now, I have been and made it all right"—he said, "I want to speak to you"—she said, "What do you want with me?"—he said, "Come here a minute, and I will tell you"—she went a few paces—she pulled me by the shoulder to go with her—when she got up to him, he struck her over the shoulder—I could not see any thing in his hand—the blood ran down her face.
GEORGE BETSON . I am a surgeon. I was called in to Mrs. Butler on the 25th, and found a wound on her forehead, just above the eyebrow, an inch in extent, and nearly half an inch deep—I should consider it to have been done by some sharp instrument—(looking at a knife)—such a knife as this would inflict such a wound—it was not a serious wound at all—if the blow had gone into the eye, the vision would have been lost.
Prisoner. Q. Do you suppose I could have cut nearly half an inch there, where there is not a quarter of an inch of flesh? A. I should suppose you might—there was no contusion or bruise.
"Police," and saw the prisoner running very fast—I caught him, and asked how he came to strike the woman in that sort of way—he said I should hear all about it when I got to the station-house—when we got there, he said he did not see why he should be turned out of the house to make room for another man—I found this knife in his waistcoat-pocket—it was shut up—his coat was unbuttoned when I took him.
Prisoner's Defence. I bad no knife or any unlawful weapon whatever in my hand—I struck her with my hand—I had been supporting her about eight months, and thought it very hard to be turned out for another man—she did not tell me where the lodging was that she had got for me—she wanted me to lodge with a girl of the town, but I refused to go to such a place, being a hard working man.
GUILTYof a common Assault. Aged 35.— Confined One Year.
1849. RYCE BYRON JONES was indicted for forging and uttering, on the 1st of May, an order for the payment of 70l., with intent to defraud William Maste; man and others—6 other COUNTS, varying the manner of stating the charge; to which he pleaded
GUILTY . Aged 18.— Confined Two Years.
Fourth Jury, before Mr. Recorder.
MESSRS. BODKIN and ESPINASSE conducted the Prosecution.
WILLIAM SINNOCK (police-constable F 91.) I was in duty in Clare-street, Clare-market, about twelve o'clock, on the night of the 8th of June—my attention was called to a woman with a child in the street—in consequence of what passed between us I went to look for the prisoner—I found her in a gin-shop, drunk—I asked her if it was her child—she said yes, it was—I asked her to take the child—she said she did not know what to do with it—I did not understand her to mean that she was not in a fit state to take care of it—she did not take it—I took her to the station-house—the child was taken the same night, after the prisoner was locked up, to Mr. Snitch, the surgeon, as it appeared to be ill—Mr. Snitch said he could do nothing for it—I gave a woman 1d. to fetch some new milk to give it—the child took a little, as well as it could—it was then given in charge of the same woman who had it before—I have not been able to find that woman since—she has been kept away—the prisoner's brother threatened her the day after she was before the Magistrate—I saw the child on the Friday following, at Bow-street—I saw it dead at the inquest—it died on the 28th—it lived twenty days—it was in the workhouse all that time.
Prisoner. I gave the woman 1s. a week to take care of the child—my circumstances were very poor—I had an aged mother to support—I do not know what has become of the woman—she robbed me of every thing and left—did you come into the public-house, and see me there? Witness. I looked in at the door and saw you—I beckoned to a person in the gin-shop to tell you to come out.
ELIZABETH COPE . I am the wife of Henry Cope, and live in Clement's-lane, Strand. The prisoner lodged at the same house about a fortnight before Christmas last, and removed about six weeks before she was taken into custody—this child was born in that house on the 6th of March—it
was a girl, and was a fine, healthy baby—it was afterwards called Mary—the mother went out about nine days after it was born.
Q. From that time until she left Clement's-lane what was her treatment of this child? A. She used to go out about six or seven o'clock in the morning, and not return till eleven or twelve at night, or sometimes one or two o'clock in the morning, and she was generally in a state of intoxication when she came home—while she was out the child was left in care of a little girl of her own, about eight or nine years old—she had five children—she supported them by her own hand labour, except 5s. a week, which she was allowed by her husband—she worked as a tailoress, and earned 2s. a day, I believe—the baby was left without food while she was out—the other children were in the habit of being out a great deal, and the neighbours used to give them food, in a great measure; and when they were out the baby was left by itself—I have told the prisoner how it was neglected, and the other neighbours likewise have told her—she has frequently wished the child was dead, and I have heard her say she would give any person a pint of gin if they would burke it—she has said that when she was sober—she is a very violent woman—it was not said in temper, because we were complaining of her neglecting it—I have repeatedly suckled the child myself, fed it, and clothed it, because it was to neglected—it was left for days together in a state of nakedness, and in a filthy, dirty state—I saw the child after it was sent to the workhouse, and I have suckled it in the workhouse, by the request of the guardians—it was in a very weak, low state—it rallied a little, but very trifling—the only difference I saw was in the work of the eye—it appeared more bright, and to take more notice, from the care taken of it—it appeared a little more lively and cheerful for several days—it died on the 28th of June—it had arrow-root and mutton-broth while in the work-house, and three times a day it had the breast.
Prisoner. When my baby was born there was a mad dog in the room which had fits, and the baby had the same fits that the mad dog had—the child was convulsed from the time it was three days old—I left it in care of my little girl, who is thirteen years old—this woman fell out with me, and has been repeatedly vowing vengeance against me. Witness. I have not—I never saw the child in a fit till the day before it died—I never saw any mad dog in the room—her eldest girl is thirteen years old, it was not left in her care, but in care of the child between eight and nine.
MR. BODKIN. Q. Have you given your evidence in consequence of any quarrel with the prisoner? A. No—she quarrelled with me, but I cannot say I ever had any ill feeling against her, it was merely on account of the children—they were quarrelling with each other, and, I believe, I gave one a box on the ear.
MARY WHITE . I am the wife of Henry White, and live in Clement's-lane, Strand. I first saw the baby when it was about six weeks old, in its sister's arms—it appeared to be in good health, but in a very dirty state as to clothes—I have suckled, and washed, and fed the child myself, seeing it in the lane crying with hunger, and in. so dirty a state—it had no clothes, but rags tied round it—I never saw the prisoner but once to know her, and that was one Wednesday evening—she came to me, and asked if I was the person who took her baby and suckled it—I said yes, I had repeatedly, and she thanked me for it—she said she should like to have a person to take care of it, if she could get any one.
to live in the front garret of a house of mine, No. 19, Lincoln-court, about two months ago—she brought some children with her—sometime after she had been there I went into her room—I found the baby there, and another small child about two years old—I thought the infant was dead—it frightened me—it was lying on its mouth and nose—I was afraid to meddle with it, and ran down stairs and called the neighbours—eight or ten persons came up—a woman lifted it up, and gave it the breast—it seemed to be very weakly—it sucked the breast, and revived then—I saw the prisoner about eight o'clock that night—I went up to her and told her she must either quit that room or take the infant with her to where she worked, for I expected the child would be found dead there—I told her of the state in which it was found—she said she never suckled any of her children, she always reared them without—I told her I would go to Bow-street the next morning, and compel her to take the child with her or take it away—she said she did not care a d——for me or what I could do—I cannot say whether she was drunk at the time—she might have been drinking—next morning when I got up she was gone and all her children—she came again one night about three weeks after and wanted the room again—she said she had come from Gravesend—she bad a few things with her, and a girl, as I thought, to take care of her children—I would not let her have the room because I did not like her character.
Prisoner. You said you were willing to let me have the room, only the lodgers made a noise about the children, and you turned me out in the rain with my nurse and four children, and my dying baby in my arms Witness. She had a young woman with her, but she was too young for a nurse.
MICHAEL SULLIVAN . I live in Lincoln-court. I went into the prisoner's room there between eleven and twelve o'clock one Thursday night, six or seven weeks before the child died—I asked her if she was not ashamed to treat the children in the manner she did—she abused me, and called me a b——I spoke to her about the child—she said it might die and be d——she might have had a sup of drink, but was not intoxicated—she knew what she was saying—I was a stranger to her—she seemed provoked at my interference, and those words were said in the heat of passion—I did not see her do any thing to the child—it was in a very dirty state.
Prisoner. Q. Did you not bring a policeman with you? A. I did, F. 11, and he saw the state of the child.
ROBERT ATKINSON KIRBY . I am relieving-officer of the Strand Union. I saw the prisoner in March last, when the child was nearly a fortnight old—I proposed to her to take her and all her children into the workhouse—she said she would not come—during her confinement I supplied her from the parish funds, with blankets, and whatever was necessary—she never made any application for relief after that—I was aware that she was earning 2s. a day—I have known her ever since I have been relieving officer, and I knew how particularly she was placed—we do not take the children in without the mother—she has not lived with her husband lately, and this child and two others are by another man—when I visited her the child was lying on her arm as if she had been suckling it—her mother was with her at the time, and I offered to take her into the workhouse also.
Prisoner. Q. Did you ever hear of my neglecting my children? A. Yes—I went before this child was born, in consequence of some application
to me, and said I understood she was neglecting her children, and it was my duty to see them protected—she said it was no business of mine, she had a right to do what she liked with her children as long as she did not come to the parish for it.
JAMES IVORY . I am a broker, and live in Gilbert-street, Clare Market. I have seen the prisoner carrying the child with its head downwards and its feet upwards, and have heard her say she wished it was dead, and then she would have a good drunk—I have put the child in her arms myself and covered it over with a shawl—she was intoxicated at the time—I never saw her in any other way—she has passed my door thirty or forty tones with it.
Prisoner, He has sworn this against me because he had a child of mine, thirteen years old, in his bed, and he had seduced her. Witness. It is false, this is the first time I ever heard of it—the child has been sleeping on the stairs and in the dust-hole to get out of the way of her mother's violence—I keep four lodging houses for labouring men—two of the prisoner's brothers have threatened my life, and that of Mrs. Cope's, for coming here to give evidence.
MARY SPENCER . I am married, and live in Clements'-lane. The prisoner was lodging at our house—I told her if she neglected her child, I would have her taken up to Bow-street, but being very deaf, I could not hear what she said—I went to a public-house to tell her to come home, for the baby was screaming itself to death in the other girl's arms, who had a candle in one hand, and I expected every minute she would have set fire to its clothes—she flew at me violently, and pushed me out of the house.
JAMES SELWAY (police-sergeant F 11.) I was called by Sullivan to No. 19, Lincoln-court about the 21st of May—I went to the front attie, and saw the prisoner sitting on the ground with the child in her lap, four pieces of bread before her, a bundle of radishes, and some salt—there were three children on some shavings, partly naked—the child in her lap had a ragged dirty bed-gown on—it looked to me as if it was starving—I told her it would be better to apply to the parish to have relief than have them starving—she said she did not want any relief from the parish, she could earn half-a-crown a day, and that was enough to support her family—I told her I should make application to the Magistrate about it tomorrow—she said she did not care a pin about it, and was very abusive to two men and two women in the room—she tried to push one of the women out of the room.
Prisoner. Q. You saw me giving my children as much as I could afford. A. I saw you giving them nothing—the bread was on the ground—you did "not say, if they were dirty, they did not want for victuals—you had been drinking—it was just before twelve o'clock at night.
MERY MURPHY . I am the wife of Richard Murphy, and live at No. 19, Lincoln-court. I knew the deceased child—I have seen it at the door with one of the little girls, about four years old—it seemed very much in want, and was crying most awfully—I have taken it out of the girl's arms, and suckled it—I saw the prisoner one evening coming down the court, a lot of neighbours got found her, and told her she ought to be ashamed of herself for neglecting her baby—she said, she did not want me or any of the neighbours to take care of her baby, for she had left plenty of food for them at home—I went into the prisoner's room next morning, no one was there but the baby lying on the bed—I saw no food there—I suckled
it, brought it down stairs, and gave it to one of the children—it seemed to me to want nourishment, for it drew my breast stronger than my own child did, which is nine months old—children that are properly attended to, take the breast rather easily—I saw nothing in the prisoner's room but the bare walls, the bed it laid on, and an old plate.
JAMES PARISH . I paid the prisoner 5s. a week, on account of her husband, who is a journeyman tailor—I continued to do so till the 22nd of June—it was paid by order of the Lord Mayor, in consequence of an arrangement made before him—I do not know what the husband earns—I had paid her the week before she was taken into custody.
HENRY GREIG JONES . I am a surgeon and one of the medical officers of the Strand Union—I saw the child on the 10th of June, in the work-house—it was in an extremely emaciated state, and in a state of perfect exhaustion—I attended it till it died, which was on Sunday morning the 28th—my opinion is that it was in that state from want of food—it rallied slightly, under the treatment, and afterwards sank—I gave very strict directions that it should not be overfed, and I have very great confidence in the person that administered the food—it would have been dangerous to overfeed it—it was fed cautiously with a little milk and arrow-root in small quantities—I did not see every spoonful administered, but I have no doubt my instructions were attended to—I made a post mortem examination—I found the internal structure of the child perfectly healthy—I should refer its death to want of proper nourishment and care, previous to the time I saw it—I opened the head, there was no appearance of disease there—the child was a little convulsed on the Friday and Saturday previous to its death, not before—in cases of death from exhaustion they frequently have slight convulsions—children are very subject to it.
COURT. Q. Can you undertake to say that it died from starvation, and not from any injudicious supply of food after it got into the workhouse? A. I have every reason to believe so—I have no reason to doubt it—over-feeding will frequently cause sudden death, but then there would be some inflammatory appearance about the intestines.
CHARLES JAMES SNITCH .—I am a surgeon, and live in Brydges-street, Covent-garden. The child was brought to me by Sinnock and a woman on the morning of the 9th of June, from a quarter to half-past twelve o'clock—it was in a state of extreme debility and exhaustion, so much so, that I told the man I could do it no good, he had better take it away and give it nourishment, for I thought in all probability it would not be long before it died—I could not form any judgment from what that debility proceeded, because I made no inquiry into the circumstances—the face was very little larger than a China orange, and very much shrivelled up—it was quite an old emaciated countenance—I assisted Mr. Jones in part of the post mortem examination—I have heard his evidence, and fully concur in the opinion he has expressed as to the cause of the child's death.
COURT. Q. You think an interval of twenty days having occurred does not prevent your speaking with confidence on the cause of death? A. It does not, for it appears to me the child never rallied from the first—the food it afterwards received did not nourish it—it had not functions to receive it.
MARY COPE re-examined. I had the care of the child after it was taken from the house—I suckled it—it had a nurse besides—I have seen it fed with arrow-root—in my judgment it was discreetly managed, so as not to
receive more food than it ought to receive with advantage—it appeared to me properly treated—the greatest care was taken of it.
Prisoner's Defence, No one can ever say I neglected my children; I was willing to work for them as far as laid in my power; I hate not lived with my husband for seven years; he gave me 5s. a week to keep four of them; two have since died—I have one eleven years old, one eight, and one thirteen; and have had to keep them through a long dreary winter, and having a heavy fit of illness myself; this child was very weakly and bad when it was first born; I had to work in Marlborough-street, and it was too far for me to come home to it—I do not mean to say the children might not have neglected the baby while I was out, but I never wronged them; I was labouring for them; I never troubled any charity or anything in the parish; I have an aged mother eighty-two years old to keep also; I was often out from five o'clock in the morning till twelve at night if my employer was busy; I could not come home at my own time, but I was obliged to wait my employer's time; all the witnesses are combined against me, and I am alone without a friend or a shilling to assist me; Mr. Ivory keeps houses of ill fame, and has sworn a spite against me because I went out to look after my child, who he had seduced from her home—my children have been my only comfort since my husband went to live with my brother's wife. I have kepi myself destitute for my children's sake; I often went to public-houses to get jobs from one and another; I gave the woman 1s. a week and her victuals to mind my baby, and I was very happy to think I could go to my work and leave my baby safe; that night I went to get some work, and they took the baby from me.
ROBERT ATKINSON KIRBY re-examined. We have two of her other Children under our care—they are in good health—the other two are under the care of the father—on the 8th of June they were in a very poor, emaciated state—they had very little among them all—there was enough to support life and tolerable health—the one thirteen years old was occasionally at home—I saw the prisoner's mother, I think, yesterday or the day before, and offered to take her into the workhouse, as she was in a very filthy state, but she refused—she was in at one time, but the prisoner had her out again—she has an allowance from the Roman Catholic chapel in Lincoln's Inn-fields.
GUILTY . Aged 39.— Confined On Year.
1851. THOMAS TRIMMER was indicted for breaking and entering the dwelling-house of Ann Aldridge, on the 2nd of July, and stealing therein 1 neck-chain, value, 3l. 10s.; 1 guard-chain, value 3l. 10s.; 1 watch-chain, value 3l.; 4 pairs of spectacles, value 1l.; 2 necklaces, value 6s.; and 2 watch-guards, value 1s. 6d.; her property.
MR. BALLANTINE conducted the Prosecution.
WILLIAM RICDHARD TUCKWOOD . I am assistant to Ann Aldridge, a pawnbroker, in Orange-street, Bloomsbury. On Thursday morning, the 2nd of July, about nine o'clock, I was by the side of the window, behind the counter, and heard the glass break—I ran into the street, and found one of the lower panes, about the centre of the window, broken—it was sound before—I saw the prisoner walking hastily away, round the corner—several other persons were before and behind him—I went up and seized him—he did not resist—I took out of his hand three gold chains, four pairs of spectacles, two necklaces, and two plated guards—they are the property
of my mistress—I met Collier, the policeman, who took the prisoner from me.
Cross-examined by MR. PHILLIPS. Q. When you went on a little did not the prisoner beg of you to go back that you might fetch your hat? A. Yes, as it was pouring with rain—he was carrying the things in his hand—his hand was bleeding—he passed the door after breaking the window.
GEORGE COLLIER (police-constable E 38.) I was in Castle-street on Thursday morning last—the prisoner was given into my custody—I took him to the station-house—he said he was looking at the spectacles.
MR. PHILLIPS called
HENRY HARRIS . I keep the Angel wagon-office. I went to school with the prisoner—he was once upon the Stock Exchange—for the last two years he has been in any thing but a sane state of mind—these papers (looking at them), headed "The National Debt", and "Man's perpetual Inheritance, designed to illustrate the grand Income of the Country," are in his hand-writing—about three months ago he came to my office in Farringdon-street, with a great basket on his shoulder—it would contain from fourteen to twenty loaves of bread, or more—on my desiring him to put it down, I found in it a very small bottle of blacking—he took the basket away—I have frequently seen him so flighty—I considered him in a very unsteady state of mind—he has produced writings to me to the same purport as those produced—I think it was about six months ago that he first produced one of his writings—one day he called on my brother, I was dining there with a friend, and he came, in a very abrupt manner, knocked at the door, and asked for Mr. Harris—the servant asked him to walk in, while she took his name to her master—he said, "No, I will follow you up," and he did to, entered the room, and said, "I beg to apologize for my appearance, I have come a long distance"—he looked in a very dejected state—I and my brother asked where he came from—he said he had walked from his father's, who lived at Kew—I was satisfied, from his conversation, that he had not done so—I said, "I don't think you are telling the truth"—he said, "Did I say so?"—I said, "Yes, you just said you slept at your father's last night, and started from there this morning"—he said, "If I did say so I did not know it, my memory is very treacherous"—I do not believe him in his right mind—his manner was very incoherent and wild—I have frequently said he was deranged—I have not a doubt of it.
Cross-examined by MR. BALLANTINE. Q. You have known him since he was at school? A. Yes, upwards of twenty years—he was not equally eccentric, but he was never very shrewd—he was remarkably eccentric about three or four years ago, about the time of his misfortunes—I knew him intimately before that, and he has frequently called on me since—he lived at No. 17—I do not know the name of the place—I know where he lives now, as I called at his house yesterday—it is somewhere in Red Lion-square—he lived with his wife—during the last three or four years I have, on an average, seen him every six weeks—he has never dined at my house—he has been on my premises—he was very poor—I believe he gained his livelihood by hawking blacking and tea—I have bought both of him—I recommended him, about two years ago, to a person named Sanders, as an agent to sell blacking—he was not so bad then—he was Sanders's agent for about two months—it was during that time I purchased of him—I have not bought of him since.
MR. PHILLIPS. Q. Are you one of the persons contributing towards his
defence, knowing the situation he is in? A. I have stated that I will bear my portion of the expense—I have not the slightest object in getting him confined for life.
JOHN ANDERSON . I am clerk at the Compter. The prisoner was given into my charge for assaulting Mr. Lloyd the banker—I observed hit manner while in prison, in September, 1839, and from his general demeanor, I should say he was not competent to take care of himself—he was with me for a month for the assault, and was then discharged on his own recognizance—he did not know who it was he had assaulted—he asked me the question, "What have I done? tell me what I have done"—he was called up on two or three occasions to try to explain the matter, but he could not tell who he had assaulted, nor where he had committed the assault—he asked me four times at least, who he had assaulted—I did not consider him accountable—he was called up into the office 'about a week after he was in custody, and saw his father—I believe he said, "What do you want here? I can go out if I like, and I shall walk out with you; I have done nothing, and if you pay any money for me, I will never pay you again; I don't want any money, I have done nothing; who have I assaulted?—where was I brought from?"—about two days afterwards, the father came again, and he was called into the office to see him—he said, "Well, have you done what you said? what am I to do now; shall I go out, can't I go out? let me go out"—I said, "Certainly not, you cannot go out, you must stop here"—he conducted himself in such a way, that our people did not consider him safe to be left by himself—some one was kept with him—it would not be safe to let him out at present—I should not be surprised at his turning to violence to-morrow.
MR. BALLANTINE. Q. During the whole time he was in the Compter, was any body kept with him? A. Yes, we would not put him by himself—three other prisoners were put with him—the surgeon saw him in the ordinary course of his duty, but did not examine him to see whether he was insane or not—I did not suggest to the surgeon to examine him—I certainly think it would not be safe to let him go out alone.
MR. PHILLIPS. Q. Was his conduct the general subject of conversation and observation in the prison? A. Most certainly it was—I have come here, hearing he was in custody, without being subpoenaed.
MARIA WEBS . I lodged in the prisoner's house in Compton-street, Brunswick-square. I have had opportunities of observing his conduct—about six weeks ago he went to the foot of the stairs, and called out to ask me the next weight to an ounce—I asked him if it was half-an-ounce or a quarter—he said, "Hum"—I said, "Is it grains or scruples?—he said, "Ah, ah," I believe—he did that on several occasions—I have frequently said I did not think him right in his mind—I know no reason for his asking me those questions—he would make grimaces—last Sunday week he had a newspaper in his hand—I did not hear his words distinctly, but his voice rose and fell as a clergyman's in the pulpit—I have two sons apprenticed—a few days ago he asked me if they were going to enter into business—I said, "No, they must go through their apprenticeship first"—he looked at me earnestly, turned round in a minute, and started out of the room without the least reply.
MR. BALLANTINE. Q. How long had he lived there? A. About nine months—he was there when I went—Mrs. Barnes is the landlady—she is not here—he gained his livelihood by making a little blacking, and carrying it out.
GEORGE GABEL . I am a hair-dresser, and live in Compton-street, Brunswick-square. I have known the prisoner about eighteen months, I have been on friendly terms with him, and have frequently conversed with him—he appeared to have a very strange manner—I have often stopped in the street and spoken to him, and he has looked at me, and gone on in a very strange manner, never making any answer—at other times he would stop and converse with me freely—I had never offended him at all—he always appeared wild, and would ramble from one thing to another—I have often remarked, "If a man was ever out of his mind, he must be so."
GUILTY . Aged 29.— Confined Three Months.
NEW COURT.—Wednesday, July 8th, 1840.
Fifth Jury, before Mr. Common Sergeant.
NOT GUILTY .
First Jury, before Mr. Common Sergeant.
MESSRS. ESPINASSE and LUCAS conducted the Prosecution.
RICHARD HARRIS FLOYD PITT . I am a hair-dresser, and live in Smith-street, Westminster. On the 8th of June, about seven o'clock in the evening, the prisoner came to my shop and asked for a tooth-brush, which came to 6d.,—he tendered me a half-crown, which I saw was counterfeit—I told him it was bad, and asked where he came from—he said, Mr. Dalton's clerk had sent him for it—I gave him into custody—the policeman marked this half-crown and returned it to me.
ROBERT MALOM (police-sergeant B 3.) On the 8th of June I went to Mr. Pitt's—I marked the half-crown, and returned it to him—on the 21st of June, in consequence of information, I went to Mr. Cameron, and the prisoner was given into my custody for passing a bad shilling, which I produce—I found nothing on him.
SARAH CAMERON . I am the wife of James Cameron, tobacconist, Broadway, Westminster. On the 21st of June, a little before ten o'clock at night, the prisoner came for half-an-ounce of shag tobacco—he tendered me a bad shilling—I took hold of his coat—he endeavoured to get away—my boy called the policeman—I gave him the shilling after I had marked it.
Prisoner. The man who gave me the half-crown said he was clerk to Mr. Dalton, and he would give me 2d. to get it.
GUILTY . Aged 17.— Confined Six Months.
NOT GUILTY .
and lives at Hackney-wick. On the 18th of June I was in Spitailfields-market, selling flowers in pots—the prisoner came and asked what I wanted for a dozen—I said "3s. 6d."—he offered me 3s.—I at first refused, but afterwards let him have them at that—he gave me half-a-crown and 6d. worth of halfpence—I went with him to take the pots over to the public-house—he stood them down on the pavement—I gave the half-crown and the halfpence to my mother—I had put the half-crown in my pocket first, bat I had no other money there.
MARY DENNIS . I am the witness's mother. I was standing in the market selling plants—I got the half-crown and the halfpence from my son—I gave the half-crown to a man at the potatoe-warehouse, as I was going home, and he cut it in two—I kept the two pieces, and gave them to the policeman.
Prisoner. Q. Did you not say, at Worship-street, that you gave the half-crown to the man's wife? A. No, I gave it to the man—his wife called him—I had no other half-crown in my pocket.
JOHN SELLIS MILTON . I am the son of John Milton, a market gardener. On the 20th of June I saw the prisoner in Spitalefilds-marker, where I was selling onions—he asked me what they were a bunch—I laid, 7d.—he said, "I will give you 6d."—I said, "No "—he then gave me half-a-crown'—my father came up, and saw it was bad—he took it, and took the prisoner to the station-house.
Prisoner. Q. Did you not put it into your right-hand pocket? A. No.
Prisoner's Defence. On the 13th of June I was at home in Westminster, from seven o'clock in the morning till ten at night; on the Wednesday before I received an injury by falling down; and I was very ill; I was not able to go out till the Monday following; I then went as far as Ascot Heath, and was there till the Friday, and on that morning I returned by the rail-road from Slough to Paddington; I received the half-crown, which 1 offered on the 20th of June.
GUILTY . Aged 28.— Confined Six Months.
HENRY BLACKLIN . I am warehouseman to James Coster and another, of Fountain-court, Aldermanbury. The prisoner came there on the 13th of June—he did not come to me in the first instance, but some goods were brought down to our entry-room for me to give to him—I asked him who they were for—he said, "For Clark and Musson, of Islington"—they deal with us—I delivered the goods to him—this was on the 13th—on the 17th he came again, and I delivered to him some ducape handkerchiefs—I said, "Who are the goods for?"—he said, "Clark and Musson"—he came again on the 22nd, and I got into an omnibus with him, intending to go to Clark and Musson, but on the way he said, "I am guilty, it is no use going any further"—I gave him in charge at the post-office—I had told him in the warehouse that I would go with him to Clark and Musson.
THOMAS BEALE . I am warehouseman to Mr. Coster and another. On the 13th of June the prisoner came to me, and asked for a piece of sateen for Mr. Clark, of Islington, a draper—we deal with him—I should not have let the prisoner had it if he had not said he came from there—he selected a piece of satteen, followed me down to the entry-room, and I delivered it to Mr. Blacklin—I should not have done so if the prisoner had not said he came from Mr. Clark, of Islington.
Prisoner, Q. Can you swear that you gave the satteen to Mr. Blacklin to enter? A. I put it on the counter, and handed it over to him.
GUILTY . Aged 19.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
1857. JOHN COLLINS and WILLIAM WARREN were indicted for burglariously breaking and entering the dwelling-house of William Keates, about three o'clock in the night of the 19th of June, with intent to steal, and stealing therein, 1 bag, value 1s.; 1 frock, value 1s.; 1 petticoat, value 2s.; 1 pair of drawers, value 1s., 6d.; and 1 handkerchief, value 6d.; the goods of the said William Keates.
WILLIAM KEATES . I live at No. 2, Bennett's-yard, Margaret-street, in the parish of St. John the Evangelist, Westminster; it is my dwelling-house. On the morning of the 19th of June I was alarmed, about I quarter before three o'clock—on getting up I saw the prisoner Warren in the centre of my outer-room—(my house consists of two rooms)—before I could get to open the parlour door he sprung upon a table, and got through an air-hole—I had been there about half-past eleven o'clock—the air-hole was then secure, and fastened by a catch, and I then found it open—there was nothing displaced in the room but a clothes bag, which the night before I had left suspended from a cupboard-door, was placed in the centre of the room—when Warren sprung out I gave an alarm—I am sure Warren is the man I saw.
JOHN WILLIAM . I live in Bennett's-yard, next door but one to the prosecutor; the house between us is unoccupied; I am a lamp-lighter. On the morning of the 19th of June I was returning home—I heard a noise, and stopped—the prisoner Warren stepped out of the unoccupied building—I was about to lay hold of him when he drew back, shut the door, and fastened it—I took my own key out, and went into my own place—I went to the back and saw Warren escaping into Tufton-street—he had his trowsers and shirt on—I then went to Tufton-street, and saw the two prisoners together—they saw me, and ran—I called "Police," and they separated—Collins turned a turning—I followed Williams till I lost sight of him, but a policeman ran on till another officer took him—neither of the prisoners had shoes or stockings on—after I lost sight of Williams I came back to see what became of Collins, and they were bringing him back from a place where he had scaled over a wall.
pursued them—on getting near them, they separated—Collins ran to Tufton-place—I followed him—he got over two walls, and on to a shed where I took him—I asked why he was guilty of such an outrage of going into the place—he said it was the other lad—there was a pair of old boots in the prosecutor's premises—I brought them to the station-house—Collins denied their being his, but he afterwards acknowledged that they were his—he put them on, and wore them.
GEORGE CARTER (police-constable B 151.) I beard the rattle at three o'clock in the morning—I went, and saw Williams running out of Peter-street into Perkin's-rents—I followed and took him—I saw Collins when I got to the station-house—I told him in the morning to put on his shoes—he said, "It is no use denying it, they are mine," and be put them on.
WILLIAM KEATES re-examined. I found the shoes on the back wall of my premises—I found this piece of wood on the top of my house—by removing this they were able to get at the catch of the air-hole—they were forced to break this up to undo it—the hag contained the frock and the other articles stated in the indictment.
COLLINS— GUILTY . Aged 16.
WARREN**— GUILTY . Aged 19.
Transported for Ten Years—Convict Ship.
(There was another indictment against Warren.)
ELIZABETH DALGOUTTE . I am the wife of Frederick Dalgoutte; we live in Orchard-street. At half-past eight o'clock, on the 4th of July, the prisoners came into my shop—before they came in I had seen my printed cotton safe, and after they went out I missed it—Gardner had stood nearest to it—I went out, and saw Hillsby standing at the corner of the street—I returned to my shop, thinking I might be mistaken—I looked all about, but I found it was gone—I went back again to where the prisoner Hillsby was—I saw Gardner meet Hillsby—I tapped Hillsby on the shoulder, and said, "If you please, will you give me back the bit of cotton?—she said she had paid for the two pieces that she took—I said, "You paid for two, but you took another"—she said she had not—the officer came and took her—she then said she knew where it was, and would take us to the place, and it was found there between the bedstead and the wall—Hillsby said she knew where the cotton was without communicating with Gardner.
Hillsby. I did not tell her where it was; I said I would take her to where we were living. Witness. She told me the cotton was left in the lodging.
EDWARD SHAW (police-constable B 51.) Hillsby said she would take me to No. 1, St. John's-court—she said she lodged there—she did not tell me I should find the print there—she said that Elisabeth was a very foolish girl.
GARDNER— GUILTY . Aged 17.— Confined Three Days.
HILLSBY— NOT GUILTY .
FRANCES FULLER . I live in Steven-street, Lisson-grove. I met the prisoner outside the Phoenix public-house on the 30th of June—he asked me for a lodging, and we went home together—when we got to the door I asked what he would give me—he said, "Half-a-crown," he gave me two shillings and a sixpence, which I put into my pocket-apron, where I bad some other money—I put my pocket-apron under the bed in the back-kitchen, where I live—when I awoke in the morning I said I wanted some water—the prisoner turned up the bed-clothes and took my money—I got my clothes on, and went to the Globe public-house, where I saw him—I said to him, "Give me that 3s. 8d., or I will give charge of you"—he said, "Never mind, come have a drop of gin"—he was going into the public-house—I took hold of him, and he hit me on the side of the face—he went in and called for some gin—he threw down a shilling—I saw the woman side of it was almost worn away—I said, "I will swear to that shilling, it is one of mine,—the officer took him—I said he gave me two shillings and a sixpence, and the sixpence had got a cut in it.
WILLIAM LEONARD (police-constable D 50.) I took the prisoner—the prosecutrix said there was a new sixpence which had a cut in it, and it would be found on him—I searched him, and found this sixpence (producing it) which exactly corresponds with what she described—here is the shilling with the woman side worn away.
Prisoner. I west to the house to have some gin—I put down a shilling, and she said, "That is mine, I will swear to it"—there was nothing said about a sixpence at the station-house when I was given in charge. Witness. She said it before she got to the station-house.
Prisoner's Defence. I never saw her; she might have got tipsy, and been robbed by some one, and said it was me; the young man I slept with that night is here.
JOHN MOSS . I am a shoe-maker, and live in Exeter-street, Lissongrove. I have known the prisoner eighteen months—on that Tuesday evening he and I went home about twelve o'clock—I awoke in the morning about seven o'clock, and he was gone—I cannot tell what time he left.
NOT GUILTY .
1860. JOHN SLATER was indicted for stealing, on the 23rd of June, 1 box, value 5s.; 5 gowns, value 2l.; 4 shifts, value 6s.; 4 petticoats, value 6s.; 1 scarf, value 3s.; 1 shawl, value 5s.; 5 pairs of stockings, value 3s.; 2 pairs of shoes, value 5s.; 1 handkerchief, value 1s.; 8 yards of ribbon, value 2s.; 3 brooches, value 6s.; and 1 pair of ear-rings, value 3s.; the goods of Mary Ryan.
MARY RYNE . I employed the prisoner as a porter in Drury-lane on the 23rd of June—I gave him a box to carry for me, containing the articles stated—I was going to service at No. 7, Fitzroy-place—I told him to go to the square, and I would meet him—I went there, and he did not come—I waited an hour and a half, and then I got an officer—we could not find the prisoner that night—the box was found two days afterwards, but the things were all gone out of it—this is the box—(looking at it.)
23rd of June, I saw the box delivered to the prisoner—he came back to my house on the Thursday morning after, between five and six o'clock, and said, "Here is the box '—I said, "What kept you from coming?"—he said, "I was at work, and I had it locked up in my room ever since"—I took it in—he said, "It is not open "—I shook it, and found it was locked—I left it in my room, and told the prosecutrix where it was—I did not open it at all.
Prisoner. The prosecutrix came to me at the corner of Charles-street, and said, "Will you carry a box for me, and I will give you a few half-pence?"—I went to No. 22, Short's-gardens with her, and she fetched the box out for me—I went on with it to opposite Plumtree-street, and there she stopped to speak to a person—she had another box in her hand, and told me to go on to the corner of Fitzroy-place—I took it there, and she did not come—I waited for two hours, till ten o'clock at night—I then took it back in the same state in which it was given to me.
MARY BRAIN re-examined. The box was brought back to me early on Thursday morning—the policeman and Ryan came about ten o'clock the same morning—no one had been there to steal any thing out of it—it was all the time in my room—I was not at borne all the time—I was out in the street with a basket of fruit—my room-door was not looked—there was my child in the place, who is six years old, and a woman who goes out with milk was there at breakfast.
GUILTY .* Aged 15.— Confined Three Months.
WILLIAM TAYLOR . I keep a cheesemonger's shop in Ratcliff-highway. On the 2nd of July, about one o'clock in the afternoon, I saw the two prisoners, as I believe, pass my shop not a minute before I missed a piece of cheese—I ran out and saw the prisoners running, and Gadd gave the cheese to West—I ran, and took West with it—this is it—(looking at it)
West. This boy came up to me, and said, "Here, boy, take this bit of cheese," and I took it.
JOHN FALAN (police-constable H 136.) Mrs. West came to me and said that Gadd was the boy that took the cheese, and gave it to her son, and said he was a wicked boy—Gadd said at the station-house that West made him take it.
WEST— GUILTY . Aged 16.— Confined Three Months.
EDWARD GRIFFITHS . I am shopman to Albert Chapman, a linen-draper, in Great Russell-street. At half-past one o'clock, on the 6th of July, the prisoner came to our shop, and asked for some mouseline-delaine
—she selected one out of the first lot I showed her, and put it under her arm—she asked for one with a darker ground—I showed her one, which she bought—she then looked at other articles, and left the shop—I followed her across the street, and brought her back—I said I thought she had something which did not belong to her—she said, "Have I?"—I took it from under her dress, and gave her in charge—this is the dress—(looking at it.)
Cross-examined by MR. ESPINASSE. Q. Had you seen her before in your shop? A. Not to my knowledge—I told her I wished to speak to her—she came back—she did not say any thing else than "Have I?"—when I told the boy to fetch a policeman, she said there was no occasion for that, she should have found out her mistake when she got home, and would have returned it—I said nothing to her when 1 saw her take it—it was my duty to make a case of felony by letting her go—I could not do otherwise, when a person takes up goods in our sight, and leaves the shop with them, what can we suppose?—I called her attention to it by lifting up her shawl.
Q. Was your reason that there would not be a complete case of felony against her till she left the shop? A. Undoubtedly, that was one reason; I could not ask a lady in the shop why she took it.
THOMAS HOWES . I am a Manchester warehouseman, in King-street, Cheapside. I have known the prisoner thirty years, she had the best of character for honesty—she is of an absent character of mind—she scarcely knows what she is about.
NOT GUILTY .
THOMAS HISCOCK . On the 24th of May I was in the King's Head public-house, in Orchard-street, Westminster—there was a fight, a man struck me—I felt my watch going out of my pocket—I saw a man in a brown coat going from me—I called out, "My watch, my watch!"—a witness said it was all right, that he saw a man take it, and give it to the prisoner; and when the fight was done, I asked the prisoner—he said he had not got it, and was going to turn us out—I have not seen it since.
MATTHEW DAWNEY . I was in the tap-room—I saw the prosecutor and another man fighting, the prosecutor threw the man down, and was on the top of him, and several of them turned him under—I saw a man in a brown coat draw the watch out of the prosecutor's pocket, and give it to Woolf, I am sure of that—a man was kneeling on the prosecutor at the time—I went to Woolf, and asked for the watch—he said it was all right—the prosecutor was crying for his watch—I said it was all right, I knew where it was—he said, "Very well," now he would fight him, and the prisoner laid hold of him and turned him out—I went to him, and asked if he would give the prosecutor the watch—he said, "What do I know about the watch?"—I got a policeman and gave him in charge—there were plenty of people to have carried it off.
Prisoner's Defence. On that Sunday evening I went into this house, which a widow keeps—she came to me, and said why did I not stop the fighting, and then I parted them; this man pulled off his coat, and said, Come on;" this man was underneath, and I took the other off; then the witness came to me, and said, would I give the watch up—I said I had
not had any watch. He went out, and fetched two policemen; I never was out of the house; and when the policeman came, he said he wanted me, on suspicion of a man's watch. I said I knew nothing of it, he might search me. The prosecutor said at the office that he was offered a watch or a sovereign if he would not come against me. Dawney has been fully committed at Westminster Sessions.
NOT GUILTY .
1864. SARAH MURPHY was indicted for stealing, on the 1st of May, 1 locket, value 8s.; 1 scent-box, value 4s.; 1 necklace, value 2s.; 1 1/2 yard of merino, value 4s.; and 4 1/2 yards of silk, value 12s.; the goods of William Bathurst: also on the 17th of June, 1 watch, value 4l., the goods of Edward Portwine; to both of which she pleaded
GUILTY . Aged 33.— Confined Nine Months.
GUILTY . Aged/— Confined Nine Months.
(There was another indictment against the prisoner.)
THOMAS GOODES . I am in the employ of James Aldous, of London-street, Tottenham Court-mad. The prisoner-came to our shop on the 30th of June, and took a hand-vice oat of the box—he came and asked the price—I told him it was 1s. 4d.—he put it back and walked away—I found one was gone—I went after him—he ran—there was a cry, when he was stopped, of "The hand-vice is down the area"—he would have the opportunity of throwing it down there—this is it, it is my master's, and the one I lost.
JOHN SARGEANT . I was coming by—I saw the prisoner take up two hand-vices, one be put into his pocket, and the other he went to ask the price of—when he went out I Cold the last witness, and he went after him.
GUILTY . Aged 18.—Recommended to mercy.— Confined One Month.
1867. GEORGE THOMAS WILES and JOSEPH WARD were indicted for stealing, on the 23rd of June, 1 hamper, value 1s.: 1 apron, value 3d.; and 741bs. weight of bristles, value 25l. 18s.; the goods of the Guardians of the Poor, of the Holborn Union.—3rd COUNT, stating the hamper and bristles to be the goods of George Kent; and the apron, the goods of the Guardians; to which, Ward pleaded.
GUILTY . Aged 19.— Confined Nine Months.
MR. CLARKSON conducted the Prosecution.
MARY ASHFORD . I am a pauper in the Holborn Union Workhouse. On the evening of the 23rd of June, I was sent to the house of Mr. George Kent—I brought away 741bs. weight of white bristles—a man went with me—he brought them in a hamper—they were put into the garden-lodge
by the Alms-houses in Gray's Inn-lane—the door of the lodge was fastened—I put the key into my pocket—I put the bristles there about five o'clock, and stopped till eight o'clock, when 1 left them there was my own apron there—the next morning I got up at half-past five o'clock—I looked out of my window, and observed part of the hatch-door open—the gate was wide open—I do not know how they could have opened the lodge-door—I went to the place, and the hamper, bristles, and apron were gone—I communicated this to the master of the Workhouse—I saw no bristles about.
GEORGE SILLITOE . I am one of the paupers in the Union-house—it is my duty to lock the gate leading to the lodge—I locked it on the night of the 23rd of June, at a quarter before six o'clock—I did not unlock it afterwards—the next morning I was sent for, and found the gate shut, but not locked as I had left it.
CHARLES WILKINS . I am foreman to Mr. George Kent, of Falcon-street—he is a brush-maker—he sends bristles to the Holborn Union to be worked up—I delivered 741bs. weight of bristles to Ashford—they were worth 25l. 18s., and the hamper was worth 1s. or 1s., 6d.—these little bundles of bristles which were picked up, are the same sort as those I delivered—they are a particular sort of bristles—(examining them.)
BENJAMIN HEWITT . I am master of the Union Workhouse. Wiles has been a pauper in that house, and I believe part of his family are there now—Ward had been in the workhouse, and had left it on the day previous to this occurrence—on the evening on which these bristles were lost, at eleven o'clock, Ward came, and wanted admittance, having no place to go to—he was admitted—I heard of this robbery in the morning, and sent for Mr. James.
WILLIAM ROBERT JAMES . I received a communication from Mr. Hewitt on the morning of the 24th of June—I went to the lodge, and traced bristles from the lodge, strewed rather thickly, to the entrance-gate in Gray's Inn-lane—I picked them up, and tied them in these small parcels, which have been produced to Mr. Kent's foreman—about a yard from the gate there appeared to have been a large quantity fallen, so that people had kicked them with their feet right and left—the parish of St. Andrew and St. George the Martyr, and Ely-rentse, constitute the Holborn Union; the Guardians meet under the Act by which they are constituted.
JOSEPH CARTER . I am pot-boy at the Nag's Head public-house, Gray's Inn-lane—it is only one house from the Alms-house gate. On the evening of the 23rd of June I was standing near the gate, about ten minutes before ten o'clock—I heard something drop—I turned and saw Wiles with a hamper—he asked me to assist him to put it on his head—I assisted him, and some hairs fell out of the basket—he took them, put them into the basket, and covered them over with a blue apron—another person came and assisted—after he was gone I picked up some hairs, which I now produce.
PARMETER TYRRELL . I live in Lamb Court, Turnmill-street, Clerken-well, with my father. On the 23rd of June, about ten o'clock at night, I was in Cow Cross-street, talking to one Higgins—I know Wiles—I saw him pass by with a hamper on his bead—he bad a cap on—he asked Higgins to give him a lift down, which he did, and then Wiles asked fur a lift
across the road to the barber's shop; which he gave him—he took them up stairs at the barber's shop—I saw Wiles the next day at Mr. Giles's public-house—he was tossing up gold and silver—he dropped a half-sovereign—a man picked it up, and would not give it him back—Wiles offered the man half-a-pint of gin to give it him back—I afterwards saw Higgins—he asked me to go to the Whte Hart public-house with him, and there I saw Wiles, Higgins asked him for money—he said he had given 25s. away, he had lost half a sovereign, and he could not afford to give him any money, but he would give him half a gallon of beer—he said he had got so much for what he had done the night before, but I cannot say how much he said—they had some beer, and quarrelled, and the police came and took them both.
Wiles, Defence. He has stated very wrong.
WILES— GUILTY .** Aged 32.— Transported for Seven Years.
Sixth Jury, before Mr. Sergeant Arabin.
1868. ROBERT WALLER was indicted for stealing, on the 30th of June, 1 coat, value 1l.; 1 scarf value 6s.; 2 half-crowns, 1 sixpence, 2 pence, 4 halfpence, and 1 farthing, the property of Robert Mulherne; to which he pleaded
GUILTY . Aged 21.— Transported for Seven Years.
(There was another indictment against the prisoner.)
WILLIAM WALLIS . I am a coal-whipper, and lodge at a beer-shop in Broad-street, Shad well, my shirt hang out in the yard. On the 6th of July the prisoner came and had a pint of beer—I observed him go into the yard, and in about five minutes, as he came along the passage, his coat pocket appeared bulky—he went out—I ran back into the yard, and missed my shirt—I ran after him, brought him back again, and accused him of having my shirt—he said he was very sorry that he had—I found it on m—this is it.
Prisoner's Defence I did not take it out of the yard, I had it in my possession.
GUILTY . Aged 21— Confined Three Months.
DAVID BRYAN . I work for John Williams, a bricklayer. On Monday, the 29th of June I was taking a pair of his boots to where he was at work, and at I crossed Seven-dials, the prisoner and two more came up—I knew the prisoner before—they asked where was I going with them—I said they were my master's—they asked to look at them—I showed them, and had them back again, but the prisoner snatched then out of my hand and went off with them—I followed him, but he went into a public-house, and got away—he was taken in two or three days—I saw the boots at the pawnbroker's.
Cross-examined by MR. BALLANTINE. Q. What it your master's Christian name? A. I do not know—he generally went by the name of John
Williams—I have known the prisoner twelve months—I do not know where he lived—I had often met him in the Dials at different times—I am quite sure I did not ask him to pawn them—he asked me to let him sell them—I did not mention that before, because you did not ask me—I did not tell him to sell them or to pawn them—I told the Magistrate that I told him to whom they belonged—I do not know whether it was taken down—I made my mark to the depositions—I did not hear any thing of that kind read to me.
JOSEPH THOMPSON (police-constable F 39.) I received information, and took the prisoner. I called at the prosecutor's house, and left him at the door—Bryan said to him, "You know you stole the boots"—the prisoner pulled out this ticket, and 3s. 6d., and said, "I pawned them, and here is 3s. 6d.; I will give you 6d. more "—in going to the station-house he pulled out 5 1/2 d., and said, "Here is a halfpenny short."
Cross-examined. Q. You say that Bryan said to the prisoner, "You know you stole the boots "? A. Yes, this is my writing to this deposition—I said that to Mr. Vine, the clerk to the Magistrate—I believe what I said was not written down—I named it afterward—the depositions are taken in a little room—I have not taken a more active part in this business.
Q. Do you know a person whom you have seen, who was going to appear as a witness for this man? A. I have had conversation with the prosecutor and the pawnbroker—I have spoken to a great many people—I have spoken to a broker about Barry's case—I specify the broker, from reasons I had to suspect him—I believe he is come as a witness—I did 'not know it—I did not recommend him not to come here to speak for this man—he asked to go and have a pint of half-and-half—he did not tell me he was here as a witness—he asked what I did here—I said I had a little business—I did not tell him what about—he said it was a foolish piece of business altogether—I said, "I rather suspect what you are about"—he said, Well, I certainly shall say what I know "—I said, "That you have a right to do "—I did not say, "If you come forward in favour of Barry, you will do him more harm than good;" nor say I should bring it home to him about a bedstead—I said, "Recollect what you are come about; if you are not particular in what you are saying, you will get yourself into trouble "—I cannot say what he was coming to say—I cautioned him, because I suspected him—I did not caution him not to come—he had not told me what he meant to say—he had given Barry once into custody for felony—he had not mentioned Barry—I said, "If I hear you give him a character, I shall mention what I know."
MR. BALLANTINE called
WILLIAM DAVIS . I live in Short's-gardens, Drury-lane. I was in company with the prisoner when Bryan came up with the boots, and before that the boots were offered me for sale—I had one in my hand, and then Bryan gave them to the prisoner, and told him to go with them—there were two more people there—one was a broker, named Hampstead—the police know him very well—there was no snatching of the boots.
COURT. Q. Did he take the boots away quietly? A. He told him to go with the boots, and he waited at the corner, and the man went to the
corner of Lumber-court with the boots—Bryan gave him the boots at the public-house door—he went away very gently.
JURY. to DANIEL BRYAN. Q. How soon after you lost those boots was information given to the police? A. The same night, between nine and ten o'clock, this happened between seven and eight—I saw my master in the mean time, and told him who had ran away with them.
Prisoner. We had been together all the morning, and he gave me the boots to sell for him.
GUILTY.*** Aged 25.— Confined Three Months.
CHARLES SLINN . I am a boot-maker, and live in Chancery-lane. The prisoner was in my employ, from June to September last—I paid him what he earned—he took his work out of the shop—I was losing leather all that time, which attracted my attention—I tied up my leather in bundles, such as twelve pairs at a time, and if I had five or six pairs left, I tied them together again—the prisoner left me near about the end of September.
MICHAEL COUGHALAN I am a shoemaker. I was in the prosecutor's employ—about the 29th of August, the prisoner went to the drawer in the prosecutor's shop, and took one pair of boot-fronts out, he put them up his coat, and took them up Stairs where we both slept—there was a mark which he rubbed out with a piece of glass—I do not know what he did with the leather—the first pair of fronts he took he worked up.
Cross-examined by MR. PHILLIPS. Q. You of course told your master immediately? A. No, I did not—I was working in Mr. Slinn's employ—I would have told him the first day, but I was a deserter at the time and if I had told him I knew the consequences, he would have given me into custody—I did not say a word of this till the prisoner charged me with being a deserter—he made the first charge—I am a deserter, I took the Queen's money and ran away—it was about two years ago—I went by the name of Clark, which is my mother's name—that is the only name I ever went by, and that was because I was a deserter—I went by the name of Clark to Mr. Slinn, but by the name of Coughlan when I enlisted—I only received 1s. when I enlisted, and what money was coming to me for my pay—there was 10s. bounty money, which I got after I was sworn in—I left at Plymouth—I got leave and came away, and did not go back—I did not give notice to the regiment—I hate been here two or three times before as a witness—I never charged any person with stealing—I cannot tell how long it is since I first came—it mast be about two years ago—to the best of my knowledge I was here three times—I will not swear it was not five—I got 3s. 6d. a day, which was allowed by the County—I get 1s. 1d. a day as a soldier—I was in the 25th regiment—I cannot expect to get any thing this time, as I am a prisoner myself—I am bound over as a witness—they have kept me in jail.
THOMAS HOLLINGSWORTH (City police-constable No. 199.) On the 22nd of June, the prisoner and Coughlan were scuffling together on the pavement, and the prisoner gave Coughlan in charge as a deserter—I turned to him, and said, "Is that true?"—he said, "Yes, I am deserter from the 25th regiment of foot"—I said, "You must come with me"—I took him to the
station-house, and then Coughlan charged him with felony—none of the property has been found.
NOT GUILTY .
1872. JOHN CARLEN was indicted for feloniously forging and uttering acceptances to a bill of exchange for 31l. 12s., and also a bill of exchange for 18l. 2s., with intent to defraud Thomas Reginald Kemp; to which he pleaded
GUILTY . Aged 47.— Transported for Seven Years.
GUILTY*. Aged 38.— Transported for Seven Years
1874. HENRY SMITH was indicted for stealing, on the 7th of July, I looking-glass and frame, value 6d.; 1 sheet, value 9d.; 1 blanket, value 9d.; and 1 frying-pan, value 6d.; the goods of Lydia Clarke; to which he pleaded
GUILTY . Aged 27.— Confined Six Months.
GUILTY . Aged 18.— Confined Three Months.
1876. JOHN EVANS was indicted for stealing, on the 17th of June, 1 quilt, value 5s.; 7 yards of carpet, value 10s.; I toast-rack, value 1s.; 2 pillows, value 7s.; 10 saucers, value 2s.; 6 cups, value 1s.; 1 salt cellar stand, value 2s.; 1 printed book, value 11s.; and 2 plates, value 1s.; the goods of Jane Wright: also on the 15th of April, 1 quilt, value 4s.; 1 pillow, value 3s.; 1 boltser, value 6s.; and 1 blanket, value 3s.; the goods of Rebecca Clarke: also on the 23rd of June, 1 bed, value 1l. 10s.; the goods of Jane Wright: to all of which he pleaded
GUILTY . Aged 77.— Transported for Seven Years.
OLD COURT.—Thursday, July 9th, 1840.
Second Jury, before Lord Chief Justice Denman.
1877. EDWARD OXFORD was indicted for that he, being a subject of our Lady the Queen, on the 10th of June, as a false traitor, maliciously and traitorously did compass, imagine, and intend to bring and put our said Lady the Queen to death; and to fulfil and bring to effect his treason and treasonable compassing, he, as such false traitor, maliciously and traitorously did shoot off and discharge a certain pistol, loaded with gun-powder and a bullet, which pistol be held in one of his hands, at the person of our said Lady the Queen, with intent thereby maliciously and traitorously to shoot, assassinate, and put to death, our said Lady the Queen, and thereby traitorously made a direct attempt against the life of our said Lady the Queen: And further to fulfil and bring to effect his treason and treasonable compassing aforesaid, he, as such false traitor, on the 10th of June, maliciously and traitorously did shoot off and discharge a certain other pistol loaded with gunpowder and a certain bullet, which he held in one of his hands, at the person of our said Lady the Queen, with intent thereby maliciously and traitorously to shoot, assassinate, and put to death our said Lady the Queen, and thereby traitorously made a direct attempt against the life of our said Lady the Queen; against his allegiance and against the Statute, &c.
The ATTORNEY-GENERAL, the SOLICITOR-GENERAL, SIR FREDERICK POLLOCK, MR. WIGHTMAN, MR. ADOLPHUS, and MR. GURNEY, conducted the Prosecution.
SAMUEL PERKS . I am a builder, I reside in London at the present time, and had done so one week before the 10th of June last. About six o'clock n the evening of the 10th of June I was standing by the column under the portico of the north wing of Buckingham Palace—I had gone there about half an hour before—I was standing waiting for the approach of the Queen—I saw her Majesty come out of the wooden gate of the north wing, (I believe it is called the garden-gate,) in a low open carriage, accompanied by Prince Albert—the carriage turned to the left, up Constitution-hill—there was a postilion and four horses—the top of the carriage about leached even with my forehead—I am not acquainted with the name of it—it was a low open one with four wheels—I was on the left-hand side of the carriage—there were no military in attendance on the carriage—there were four out-riders, two a little in advance, and the others a distance behind—there were no other attendants on the carriage, that I am aware of.
Q. Did you, on that day, see the prisoner any where? A. The first I saw of him was after the carriage came out—I turned short across the corner, up Constitution-hill, to get a second view of her Majesty, and then I saw Oxford—he was on the right side of the carriage, on the footpath next the iron-railing.
COURT. Q. He was on the off side of the carriage? A. Yes, on the right side.
MR. SOLICITOR-GENERAL. Q. How near were you to him when you first observed him? A. On the opposite side of the road, about the same distance as from here to the opposite wall of the Court—he was walking along very slowly, with his arms folded under his breast, and his coat buttoned—he was in advance of the carriage—the carriage moved on—the prisoner gave a nod with his head when the carriage came on; he turned round, and gave a nod with his head in the direction of the carriage—he was then about ten or twelve yards before the carriage—the carriage was moving towards him—as the carriage advanced he continued to move in the same direction—I observed him the moment the carriage passed—I was about a foot behind the carriage, and from the singular way he nodded with his head previous to the advance of the carriage, it attracted my attention—when the carriage had advanced, I ran in the direction of it, and the prisoner drew a pistol with his right hand from his left breast-pocket, presented it at their Majesties, and fired—I was just behind the carriage when he discharged the pistol—there was about one foot space between me and the carriage—I was within a foot of it—the prisoner was about five or six yards from the carriage when he discharged the pistol, and on the right side of it—the report of the pistol attracted my attention, and I had a distinct whizzing or buzzing before my eyes, between my face and the carriage—I was on the left side of the carriage, just at the back of her Majesty—the prisoner was on the right all the time—the moment he fired the pistol, he turned himself round, as if to see if any one was behind him; he then set himself back again, drew a second pistol with his left hand from his right breast, presented it across the one he had already fired, and
which he bad in his right hand, and fired, at both times taking very deliberate aims.
Q. What distance was the carriage from Oxford when he discharged the second pistol? A. The carriage was then about three or four yards in advance of where he fired the first—after the second pistol was fired, the two witnesses named Lowe immediately ran, and Joshua Lowe seized hold of the prisoner—the Lowes were somewhere behind me when I first observed them—at the moment of the firing, Joshua Lowe ran towards the prisoner, caught hold of him by the two arms, and Albert Lowe caught hold of the two pistols and wrenched them from the hands of the prisoner—a man named Clayton came behind Albert Lowe, and seeing the pistols in his hands, thought he was the person who had committed the act, and said to him, "You confounded scoundrel," I think were the words, and wrenched one of the pistols from Lowe, upon which the prisoner exclaimed, "It was me, I did it"—the carriage proceeded—we took the prisoner along the road, and delivered him into the hands of two policemen—the two Lowes and Clayton helped to take him—I held the back of the collar of his coat—a great many were about at the time.
COURT. Q. Where did you find a policeman? how far had you gone? A. I suppose about twenty yards; between twenty and thirty.
Cross-examined by MR. SIDNEY TAYLOR. Q. I think you say the prisoner was on the pathway? A. He was—the pathway is very little elevated from the carriage road—I suppose the footpath is about the height of the centre of the road—it is very little elevated above that part of the road next the footpath, it is nearly level—the channel is about six, or it may be eight inches deep—I do not think the footpath is a foot above that part of the road—I do not suppose the channel is more than eight inches.
MR. SOLICITOR-GENERAL. Q. Is there any channel or gutter by the side of the pathway? A, Yes, a slight one—there is an iron grating very near where it occurred—the descent of the pathway into that channel is about eight inches.
COURT. Q. It was an open carriage her Majesty was riding in—did her Majesty sit above the line of the carriage? A. Yes—I suppose the line of the carriage was about the centre of her back—the whole of that would be exposed to the sight of any body behind the carriage—her Majesty sat on the left. side, and Prince" Albert on the right—he was nearest to the prisoner—the top of my head was about level with the top of the back of the carriage.
Q. Then the whole carriage was between the prisoner and you when he fired the first shot? A. I was exactly a foot behind the carriage—the prisoner stood on the right, just opposite.
JOSHUA LOWE . I am a spectacle-maker—my place of business is in Copthall-court—my residence is in London-wall. I was in the Park on the evening of the 10th of June—my attention was attracted by the cortege of the Queen and the carriage her Majesty was in—I saw her Majesty sitting in the carriage on the left-side—Prince Albert was on the right—I was running by the side of the carriage on the left side, the wall side, the side on which the Queen sat. and heard the report of fire-arms—I was then about three yards from the carriage I should think.
Q. Were you in advance of it, or behind, or what? A, At the side, exactly at the side of the carriage—the noise attracted my attention in that direction, and I saw the smoke ascend—the carriage passed on a short
distance, and then I saw the prisoner with a pistol in his right hand—his right arm dropped—he turned round as if to see if any body was at his elbow, and to me it appeared that he pointed the second pistol across his right hand—he fired it towards the carriage.
Q. How long had he the pistol in that direction before he fired it? A. Not an instant—my nephew was with me—I immediately ran across and seized the prisoner—my nephew seized the pistols—some one came up I believe and took a pistol out of my nephew's hand at the time, and collared my nephew, upon which the prisoner said, "It was I, it was me that did it"—I had at the time he said that, got hold of him by the collar and his arm—we walked about twenty yards, and the policemen came up, and going along the road towards the station-house, after the policemen had come up, I said to my nephew, "Look out, Albert, I dare say he has some friends"—the prisoner turned round, and said, "You are right, I have "—I kept hold of him till we got down to Gardener's-lane station-house, and then he was taken into the station-house by the policemen—myself and two or three more had hold of him at the time—I never let' go.
Cross-examined by MR. BODKIN. Q. Did you see the Queen's carriage leave the palace? A. I did—I should think it had got about a hundred and fifty yards, or it might be a little more, up Constitution-hill, before this occurred—the road is wider there—the carriage was going slowly—I had seen her Majesty when the carriage left the palace and followed it for the purpose of seeing her again—I did not notice whether a good many other persons did the same—there was a general rush—I was on the left-hand side—the garden wall of the palace is on that side—it is not very high, about eight feet, or more than that—I did not notice it particularly—it is a wall of considerable height—it is a brick wall—the footpath is on the other side of the road, and a very little channel divides the footpath from the road—when I saw the prisoner he was standing on the footpath—I think the footpath is about six inches higher than the road, but the centre of the road is about level—the Queen's carriage was more in the centre of the road—I believe there is a footpath on both sides of the road—I think the carriage was in the centre as near as possible.
Q. About what distance do you judge the prisoner to have stood from the carriage at the time you saw the smoke? A. About three yards—the carriage was quite open, and was going at a slow pace—that three yards would be shortened I think about three quarters of a yard by stretching out his arm.
Q. Then the muzzle of the pistol would be within little more than two yards of the carriage? A. I should say so—he appeared to take a deliberate aim—when I saw him fire he was about a yard from the railing which encloses the Green Park—the nearest gate by which any one could enter the' Green Park was about one hundred and fifty yards from where this happened—the railing is quite open.
Q. So as to afford an opportunity for a person to fire from the park side if he had chosen? A. If he had chosen—I did not observe what attendants her Majesty had—there were outriders, I think before as well as behind—I did not see the witness Perks till after the occurrence—I was on a slow run when I heard the discharge of the first pistol—I did not observe several persons running or walking on the same side of the carriage as me—I have no doubt there were persons about, but I did not see them—at the time my nephew was seized I had hold of the prisoner on
the pathway up against the railing—I had hold of him before he said, "It is I"—he appeared desirous that it should be known he was the person who did it—we had got a short distance from where this occurred, when I told my nephew to be cautious, for probably he had friends.
Q. Either when the prisoner said, "Yes, I have friends," or at any other time in the transaction, did you see any persons whatever in his company? A. Not in his company—there were plenty had got hold of him—I had an idea at the time that the witness Clayton was with him.
COURT. Q. Can you give any notion what distance of time there was between the firing of the two pistols. A. Merely to turn round and to place his hand—the carriage was moving on—I suppose at the last firing the carriage was about eight yards in advance of him—he fired the second pistol up the road, after the carriage—there were a few persons in front of the carriage.
ALBERT LOWE . I am the nephew of Joshua Lowe. On the 10th of June I was with my uncle on Constitution-hill in the Park—I saw her Majesty come in her carriage from the palace—I followed the carriage up the road and had not proceeded far before I heard the report of a pistol—my uncle and I were running by the side of each other—I did not know from whence the sound proceeded, but turning my head round I saw the prisoner holding a pistol in the direction of the carriage, and he fired—that was the second pistol—I thought he held it in his right hand—upon his firing the second pistol my uncle ran across the road with me—my uncle seized him, and I took both pistols from the prisoner—a roan came up, caught hold of me, and said, "You confounded rascal, it was you "—I had then the pistols in my hands—the man took one pistol from my hand the prisoner then cried out, "I did it," or "It was me that did it"—something to that effect—we were going to take him to the station-house, and the police came up—as we were going along, my uncle told me to look out, for be thought he had some friends about him—he turned his head round and said, "You are right, I have "—I delivered the pistol up which Clayton did not take from me, to the police—I do not know whether it was the one I saw fired.
Q. Can you tell how far the carriage had proceeded from Buckingham Palace when the first shot was fired? A. I thought about thirty yards, at first, but I have since been to see the place, and it is about 100—I did not see the prisoner fire the first pistol, but when be fired the last he was about five yards from the carriage, I should think.
ELIZABETH STOKELEY . I am housekeeper to Lord Bexley. I was on Constitution-hill, on Wednesday the 10th of June, going from the palace—I was on the side next the wall—I did not see the Queen's face—I saw her carriage—my attention was first attracted by seeing the carriage approach—I turned round on seeing it approach, and saw the prisoner walking in this position—(with his arms crossed over his breast)—he was walking by the railing, on the opposite side to me, nearly opposite—immediately on the carriage approaching I saw him draw his hand, and present, and then fire—I was not so near to the carriage then as I was afterwards—it came on a few paces before the second fire—when he fired the first pistol I saw him change his hands, and immediately present the second pistol, and fire it.
Q. In what direction did it appear to you that he presented the pistol? A. Immediately opposite where the Queen was sitting—the flash of the
pistol came almost immediately over the Queen's head—the Queen was crouching—she rather crouched, and the Prince stood—I think, to the best of my knowledge, the Queen first rose, and by what I observed, the Prince rather pressed her down; and it was immediately before the second pistol was fired that her Majesty crouched—it was the second flash which appeared to come over the Queen's head, and it came close past me; the flash did—it seemed something that whizzed past my ear, as I stood; it seemed like something quick passing my ear, but what I could not say—at the time the second pistol was fired I was very near to the Queen's carriage—I was as close to the edge of the pavement as I could be, and the Queen's carriage was coming along the centre of the road—I was near as could be, within a yard of the carriage.
COURT. Q. All this was at the second firing? A. Yes.
MR. WIGHTMAN. Q. When the second pistol was fired, what did you see the prisoner do? A, I saw him drop his hands, and stand—a gentleman rode up on horseback—the carriage drove off a few paces, then stopped, and the gentleman rode up to the carriage and spoke—the prisoner was surrounded, and I saw no more.
COURT. Q. Where was the prisoner standing at the time the second pistol was fired? A, He was standing very near the carriage—he was on the opposite side of the carriage to me, on the railing side—the second pistol was fired across the road—he was facing the carriage, and backed to get his aim—he was more behind the carriage when he fired the second pistol.
Cross-examined by MR. SIDNEY TAYLOR. Q. Was there any person near you at the time? A. A little girl—from the time I saw this my attention was so fixed upon it that I saw nothing else—I had not seen several persons about the carriage just before—I did not notice them—I saw the prisoner drawing the pistol, and my attention was fixed upon that—the first thing, when I turned round, was the prisoner drawing his hand out with the pistol—I could not see how far in the rear of the carriage he was when the second pistol was fired—he was by the carriage—he was standing by the railing—perhaps he might be two yards in the rear of the carriage when he fired the second pistol—I observed a wall there—I saw the second pistol pointed—I should say it was pointed right across towards the wall—I cannot tell how the first pistol was pointed—I did not take notice of the height of that wall—my back was towards it—I cannot say bow far I was from the wall—I was as far as could be—I was near the road—I cannot say how far that is from the wall—there are several trees about there—they are rather thick before the footpath on the left side of the wall—I could see the wall through the stems of the trees.
MR. WIGHTMAN. Q. You say the flash appeared to pass over the Queen's head and before your eyes? A. No, not before my eyes—it came just over the head of the carriage, and whizzed past my ear.
Q. What do you mean by the flash? A. The light and the smoke—I cannot explain what it was that whizzed by my ear—it was my right ear.
WILLIAM CLAYTON . I am a cabinet-maker, and live in Princes-street, Leicester-square. I was on Constitution-hill on the evening of the 10th of June—when the Queen's carriage approached I was standing about 200 yards from the marble arch of the palace, on the side where the wall is, the garden side—I heard ft pistol fired—the carriage
was then about twenty-eight yards from me, or it might be thirty, nearer to the palace than I was—I was in company with my brother, and on hearing the report I said, "Good G—d, Jack," and instantly ran off towards the spot—I crossed the road, and ran down to where I heard the report—when I came abreast of the horses I heard a second report—I was in the act of crossing the road when I heard the second report—I ran on, I never ceased—the horses stopped, and her Majesty arose in the carriage, and looked round, with no fear on her countenance neither—her Majesty's back was towards the palace—I was crying out, "Where are they who did it?"—I ran on and could not see how long her Majesty's carriage stopped—I did not see it go—I passed the carriage, and ran on to the spot where I saw the smoke—I saw two persons, one with his back to the railing, on the park side—I inquired, "Where are they who did it?"—a female said, "That is the man who did it"—she pointed to the two, but I judged it to be the man standing with his back to the railing, which was Albert Lowe—I said, "You confounded rascal, how dare you shoot at our Queen?"—the prisoner heard me say so—he was nearer to me than Albert Lowe was—I spoke in a loud voice—the prisoner said, "I did it; I give myself up; I will go quietly"—I took hold of his coat—the mob rushed in, and seized me, and knocked the pistol out of my hand on the ground—I stooped down to pick it up, expecting to resume my hold, when I was seized right and left, back and before, was kicked and torn, and my shirt-collar out, and was taken into custody—the police took me to the station-house, where I was locked up in a cell and searched—when I was brought from the cell I saw the prisoner in the inspector's office—I asked for a draught of cold water; what with the struggling and the dust that was created, I felt a great wish for a drop of cold water—the prisoner said, "And I should like a drop of cold water"—I was walking up and down, and in passing him, be turned round and said, "Is the Queen hurt?"—he turned his head towards me, and said so—I said to him, "What did you put in the barrels?"—he said, "I have answered a dozen questions; there have been a dozen persons asking me questions, and I shall answer no more."
Q. Do you know what became of the pistols that were taken from him? A. There was a pistol lying on the table, one was brought in by the policeman, that was locked up with me in the cell—I took hold of that pistol which was lying on the table, saying, "I have put my little finger into the muzzle of the barrel, and have wiped out the powder, and is there any here?"—I asked myself that question—I put my finger into both pistols, but the one I first put my finger into I marked—that pistol came from the hands of Albert Lowe—I took it from him—it was not taken from me when I was knocked down—it came on the ground, but I picked it up, and resumed my hold again—one part of the time the policeman had it, and at another time I had it, but it never went out of my sight till I had marked it—the police made their appearance, I should judge two minutes after the first shot—I had got the pistol before the police came—I can say that the pistol I marked was one of the pistols taken from the prisoner—it was in the hands of both the prisoner and Albert Lowe—this is the pistol—(looking at one)—there is a mark on the barrel.
COURT. Q. How far is the place where you seized Albert Lowe and the prisoner from the carriage? A. Fifteen or eighteen yards from where the carriage stopped—the second pistol was fired when I was abreast of the
horses—the carriage drew across the road immediately on the second pistol being fired—the pulling up of horses, going at the rate of six or eight miles an hour, would take six or seven yards—I should say the second pistol was fired the distance of full eight or ten yards from the carriage.
CHARLES BROWN . I am a policeman. On the afternoon of the 10th of June, I was on duty at Buckingham-palace. About six o'clock I was sent on an errand to the south wing—I saw the Queen's carriage going up Constituation-hill—I was in front of the steps at the south wing—shortly after I saw the Queen's carriage I heard a shot fired—I immediately ran towards where the sound proceeded from—it appeared to me to proceed from Constitution-hill—as I went towards the spot I met a gentleman on horseback, who spoke to me—my attention was attracted by a mob of people, who had hold of a person—before that a second shot had been fired—it was after I heard the second shot that the gentleman on horseback spoke to me—I was going towards the carriage when I heard the second shot—I ob of people having hold of the prisoner—the two Lowes had hold of him, and several others besides—on my coming up, several voices (I do not know whether it was the Lowes) said, "This is the man, and I laid hold of him—nothing more was said by the persons present—the prisoner said, "You have no occasion to use violence, I am the person, I will go quietly "—I had merely laid hold of his collar and his left arm when he said that—I proceeded with him to the station-house—shortly afterwards some person remarked, "Perhaps there might be more of them"—the prisoner replied, "I have friends "—Smith, a policeman, came up, we went in front of the Wellington-barracks, and as we got opposite the barracks some person said, "I wonder whether there was any balls in the pistols, or no"—the prisoner made answer, "If the ball had come in contact with your head, if it was between the carriage, you would have known it"—I took him to the station-house, and he was searched by me and another constable—the other constable took from him, in my presence, a key, a knife, and 2s. 6d. in silver—I have the key—I found a piece of wadding in his trowsers' pocket—I looked at it, and saw the mark of the hammer on one side and the cap on the other—I asked him what it was for—he said, "To prevent the pistol going off," as he did not wish to hurt himself—it would prevent the pistol going off, by putting it between the hammer and the cap—it had been so used—he also said, if I was to go up to the Park, where it occurred, I should find the other piece of wadding—while I was in the inspector's room different gentlemen came into the room—a question was put, (I cannot say whether it was to the prisoner,) whether there were any balls in the pistols—the prisoner said there were balls in the pistols—next day I made search in the garden, on the other side of the wall, but was not able to find any thing.
Cross-examined by MR. SIDNEY TAYLOR. Q. Now when the question was put, as to whether there was any ball in the pistols, how many policemen were in the room? A. I cannot say—I do not think there was any body but the inspector and myself—there were a number of gentlemen there.
Q. Had various persons been asking the prisoner questions? A. Not asking the prisoner questions, but asking one another, as they came in.
Q. Do you mean to say, that questions were not put to the prisoner himself? A. Not by the parties while I was there—I did not hear any one put questions to him except the inspector—he asked him questions
—he asked his name and where he came from—I believe he asked him something about the pistols.
Q. Is it the practice of the police, to whom you belong, to interrogate prisoners as to the fact of any crime with which they are charged? A. I believe not—the inspector merely asked him where he came from—he was not interrogated by the inspector, in my presence, as to whether there were balls in the pistols—he asked where he got the pistols from—the question about the balls was not put to the prisoner, but the gentlemen asked whether the pistols were loaded with ball—the prisoner was not asked the question, he was in custody at the time.
Q. You say he stated there were balls in the pistols; what were his words? A. As near as I can recollect, his words were, "The pistols were loaded."
Q. He did not say there were balls in them, but the pistols were loaded A. "There were balls in the pistols."
Q. The pistols were loaded,", were those his words? A. No, not exactly—he distinctly said there were balls in the pistols.
Q. He said they were loaded, were those his words? A. "The pistols were loaded with balls," those were the words, as near as I can judge—I will not swear to the exact words—I cannot tell the exact height of the wall of the garden—I should say it was eighteen or twenty feet high—I searched in the garden—I made a very minute search—not all over it—within about 100 yards in length, and about twenty-five in breadth—what I should suppose to be the range of the pistol-ball—I did not find any—I searched on the other side of the wall for a short time—about two hours after the firing—the police-sergeant and three or four men were there when I searched—I assisted in the search for a short time—I stopped there for about a quarter of an hour.
Q. What mode of searching was used? A. We kept moving over it with our hands, and then swept it with a broom—that search extended about twenty-five yards in length, and five or six yards in width—there was no ball found in the dust while I was there—I did not see all the dust sifted—it was taken down to the Palace, and sifted there—I saw it brought down to be sifted—I did not make any further search—there are several trees about there—I was not examined before the Privy Council, and have not stated any thing before the Privy Council as to balls in the pistols.
Q. Had you told any body before the examination by the Privy Council, that you had heard the prisoner state the pistols were loaded with ball? A. Yes, I told Mr. Maule, the solicitor.
COURT. Q. How many people were there in the room at the time he said there were balls in the pistols? A. From ten to twelve persons—he said it out loud—he was in my custody at the time, in one corner of the room—I should think he said it loud enough for other people to hear as well as me—the people were talking as to whether there were balls, one said, "I wonder whether there was one," and he said, "There was."
CHARLES SMITH . I am a policeman. I was on duty on the 10th of June, at Buckingham-palace—I remember the Queen coming out—shortly after the Queen came out, I heard a noise, which attracted my attention—it proceeded from the direction of Constitution-hill—I did not proceed towards the spot from whence the sound came, till I heard a second report—it was like the report of fire-arms—I then proceeded to the spot, and saw the prisoner there, in the custody of Charles Brown—Lowe had hold of
him—I saw a pistol in young Lowe's hand—I proceeded towards the station-house with the prisoner—going along, I asked where the pistols were—as we were going in front of the palace, young Lowe pulled one from his bosom, and said, "Here is the pistol"—I said, "Take care of it"—some one in the crowd asked if the pistols were loaded with ball—the prisoner made answer, "If your head had come in contact with the ball, you would have found there was a hall in the pistol."
Cross-examined by MR. BODKIN. Q. Was not the phrase, "if your head had been at the head of the pistol, you would have known whether it was loaded or not?" A. It was not—somebody in the crowd asked if the pistols were loaded with balls—the answer was, "If your head had come in contact with the balls, you would have found there was ball in the pistol"—those were the very words—Brown was there—I have no doubt he heard it.
WILLIAM SMITH . I am a policeman. I was in the Green-park on the 10th of June, in the middle of the Park—it is separated from Constitution-hill by a railing—my attention was directed to the, carriage as the Queen was passing—I heard the report of a pistol, and saw the smoke of it—I hastened to the spot, and saw a number of people running in that direction, and I saw the prisoner present a pistol, and fire it towards her Majesty's carriage—I was fifty or sixty yards from the carriage at the time the second pistol was fired—I ran, and got over the railing—they are iron palisades, about five feet high, or more, with spikes at the top—I had some difficulty in getting over—I hurt my hand in getting over—the prisoner was then in custody—the witness Clayton had a pistol in his possession at the time, and I took him into custody, to the station-house—I took the pistol away from him—he was put into the cell, and was there about five minutes—I then commenced Searching him—inspector Baites came in, and commenced searching him—he took out his card, and gave it to the inspector—I then gave the pistol into his hand to mark, and he gave it into the hands of the inspector.
Cross-examined by MR. SIDNEY TAYLOR. Q. When your attention was directed towards the carriage, did you see any out-riders? A. Yes—I did not notice where they were—whether before or behind, or on one side the carriage—I have been in the police almost twelve months—there were not many people near the carriage when my attention was directed to it, but afterwards there were—I cannot tell how many there were at first—people were scattered about on Constitution-hill—the people were very anxious to get a sight of the Queen—there were not so very many there at first—I cannot give any idea about how many there were—I saw the prisoner present the second pistol, and fire it—he was ten or twelve yards from the carriage when he fired it; on the right side of the carriage—the pistol was presented in a slant direction towards the top of Constitution-hill—I did not search afterwards for the bullet.
FREDERICK GARRETT . I am in the employ of Mr. William Hayes, who is a general salesman; he has two shops, in Blackfriars-road, where I attend as shopman. I remember the rumour of the Queen having been fired at—about three weeks or a month before that I saw the prisoner at our shop in Blackfriars-road—he bought a pair of pistols and a powder-flask of me—(looking at the pistols)—these are the sort of pistols Mr. Hayes was in the habit of keeping—this has Mr. Hayes's private mark on it—we had such pistols as that recently arrived—these are the pistols that
were parted with to the prisoner—I asked him two guineas for them; they were marked two guineas—he said he wanted to know what distance they would carry—I said, about twenty or thirty yards—he said, if I would take two sovereigns he would have them—I said, if he would not give more I must take it—he then asked about a powder-flask—I believe I took one from outside the shop—he gave me two shillings for that—I also gave him two bags to put the pistols in—these are the bags—(looking at them)—I know them again—this is the powder-flask—(produced)—I had never seen him before that day, to my knowledge—he was about ten minutes bargaining for and paying for the pistols—I had such observation of him as to be quite sure of him when I saw him again—I knew the pistol-bags and powder-flask again when they, were produced—they were brought to me about three days after the Queen was shot at, and I knew them again immediately.
Cross-examined by MR. BODKIN. Q. You do not tell us the exact day this bargaining took place? A, I entered it on the slate when they were bought, and Mr. Hayes took it off the slate and entered it in the book—no one was present in the shop besides myself—I think it was before one o'clock in the day—the prisoner was alone.
MR. ADOLPHUS. Q. When you serve in that shop your master is at the other? A. Yes.
WILLIAM SAMPSON HAYES . I keep a shop in Blackfriars-road, where fire-arms are sold; I have also another shop. I keep a day-book—I have not got it here—I had no order to produce it—I remember hearing of the Queen being fired at—I heard of it the same day—I do not know how long before that it was that I made the entry in the day-book—it was before that—(looking at the pistols)—here is my private mark on these pistols—I take the entries which I put in my book off the slate—they are entered by the young man on the slate, and next morning I copy from the slate into the book—that is my usual course—I remember an entry being made on the slate of a pair of pistols—that was on Monday, the 4th of May.
JOHN JOSEPH GRAY . My father keeps a shop at No. 10, Bridge-road, Lambeth; I assist him in his business; I am the principal there; we sell, among other things, caps for pistols. I remember the prisoner calling at our shop, on either Tuesday or Wednesday, the 3rd of June last—he brought half a hundred caps of me—he asked if I kept bullets—I told him no, but recommended him to a gunsmith in the Borough—he wanted to know if I had any small canisters of gunpowder—I had, and I showed him our half-pound canisters—he said they were not small enough, he wanted a small canister, he should like a quarter of a pound, if he could—he tried four or five of the caps while he was with me—he only showed me one pistol, but I believe he had a pair with him—I found some caps that fitted it—I had known the prisoner some years back, in the same road where I am living now—I had been to school with him, but for bow long I cannot say—to the best of my recollection it was eight or nine years ago—when he came into the shop I feigned not to know him—he asked me if my name was not John Gray—I told him it was—" Well," he said, "don't you remember any one of the name of Oxford?"—I said, "Yes, I certainly do, I went to school with a person of that name"—he said, "Well, I am the same"—I asked him what he had been doing with himself—he said he had then lately come from Birmingham, but he had been in the public line.
COURT. Q. How long were you at school with him? A. I cannot say; I did think I was at school with him for about a twelvemonth, but my schoolmaster came forward and proved he was only there five weeks; I might have been mistaken by his once being a neighbour—I cannot say how long I have known him, it is so many years ago, it is impossible for me to say, I was very young at the time—I lived about twenty houses on the opposite side of the way to him, in Westminster-bridge-road; he lived about twenty houses lower-down, nearer the Marsh-gate.
Q. You say you feigned not to know him when he came in; what was your reason for that? A. I did not wish to make up the acquaintance again with him—I did not observe any thing odd in his appearance, not the least.
SIR HENRY WHEATLEY . I am keeper of her Majesty's privy-purse. When I heard of her Majesty being fired at, I went to the station-house where the prisoner was in custody—I saw him in the cell—he came forward when the door was opened, and asked me, "Is the Queen hurt?"—those were the first words that were spoken—Lord Uxbridge was with me—some conversation ensued—we asked him in what situation he was—he stated he was a bar-boy, and had been out of place about ten days—I do not recollect that he said any thing about a pistol, or about the shooting—he said he had come into the park at four o'clock, and had seen the Prince come from Woolwich, at least, he supposed if was from" Woolwich.
COURT. Q. That was between six and seven o'clock? A. About half-past six.
THE EARL OF UXBRIDGE . On the 10th of June I saw the prisoner—from the opening of the cell-door, where I found him, he addressed me by saying, "Is the Queen hurt?"—I said, "How dare you ask such a question?"—he said he had been in a public-house in Oxford-street for 'about four months, and had left it about a fortnight—he said he had been shooting a great deal lately—a very good shot with a pistol, but a better shot with a rifle—he said the pistols had been given to him on the 3rd of May, and something else also, which he went on to inform us was money, and, he could have as much of it as he pleased—I then said to him, "You have how fulfilled your engagement"—he replied, "No, I have not"—I said, "You have, sir, as far as the attempt goes"—to that he was silent.
Cross-examined by MR. BODKIN. Q. Did Sir Henry Wheatley remain with you during this conversation? A. During the first part, but he retired into the office—I went to the station-house immediately on hearing of the occurrence—there were one or two policemen there—it is a very narrow passage—I think Sir Thomas Freemantle came in, and a gentleman, who I afterwards heard was Mr. Thistle—no question had been put to the prisoner before he asked whether her Majesty was hurt—what followed was in answer to questions generally put by myself—he was probably not aware that I was an officer in the Queen's household—I did not mention who I was, nor did Sir Henry Wheatley in my hearing—there was no reluctance whatever to answer the questions which I put to him.
SAMUEL TAYLOR . I am acquainted with the prisoner—I have known him about twelve months—I recollect the rumour of the Queen being fired at—I saw the prisoner the evening before that—he showed me a pistol, and said he had been firing at a target—he did not say when or where he had been firing at it—he showed me nothing except the pistol—I asked whether it was loaded—he replied that it was loaded.
THOMAS GREENWOOD LAWRENCE . I live in Victoria-street, White Conduit-fields, and am a perfumer, in the employ of Delacroix, of Bond-street. I know a public-house in Oxford-street, called the Hog in the Pound—it is at the corner of South Molton-street—I know the prisoner—he was barman to Mr. Robinson, the proprietor of that public-house, when I first knew him—it might be about February when I first knew him as barman there—on Easter Sunday I went with him and one Roach to Hyde-park, about four o'clock in the afternoon, from four to half-past five—at Hyde-park-corner I said to the prisoner, "I suppose the people are looking for the Queen"—he replied, "They will be disappointed, as she is at Windsor"—we got back to the Hog in the Pound about half-past five o'clock—Roach and Curling were in company with us—I believe the prisoner quitted the Hog in the Pound about the let of May—I have frequented that house for the last two years, up to the present time—one evening, after he had left the service, he was in the parlour there, and he said he had lost a half-sovereign on a bet respecting the shot at the bull's eye, at the Shooting-gallery in Leicester-square—he showed me a flattened ball—I beard a person named Roach remark that he was more fit to shoot at a hay-stack than at a target.
THE HONOURABLE JOHN OLIVER MURRAY . I am brother to Lord Eli-bank. I was on Constitution-hill on Wednesday afternoon, the 10th of June, on horseback—when the first pistol was fired the prisoner was close to me, as near as he is now, or very little further—after the report of the first shot my horse plunged up into the air, being a very high-spirited animal—I saw the prisoner put his hand into his breast, draw out a second pistol, and take a most deliberate aim, in the direction of the Queen's phaeton, which was about fifteen or twenty yards from where I was—as soon as I got any power over my horse I tried to prevent his firing the second shot—when he did fire it I was as near to him as I am now—he stood with his back to the railing, with a smile—some persons came over the Park, and down Constitution-hill, and seized him—he did not offer the slightest resistance—I immediately afterwards looked at the wall—I was the first person that went to the wall—I noticed a mark which I supposed to be the mark of the bullet—it was a white mark on the dark wall, as large as the palm of my hand—at that time Colonel Fox came up—I pointed it out to him, and to Lord Belfast also—the mark was about five feet from the ground, and rather in a slanting direction from where the prisoner stood.
Q. Did it appear to you such a mark as a bullet would have made? A. I have not the slightest doubt of it, in my own mind.
Cross-examined by MR. BODKIN. Q. Did you not observe any other mark on the wall? A. There was a kind of angular mark on the wall, but a very old one—it was near this mark—I took notice of that to mark the spot.
Q. Have the goodness to describe what kind of mark this was. A. The wall was dark—it was a white round mark upon that wall, as a bullet would make—it was much larger than a bullet—it was as if a piece of the brick was knocked out by the force of the ball, or whatever made the mark—I looked about on the ground for the bullet before any one came, but found none, but being fired in a slanting direction it might—
Q. Did you find any piece of brick? A. I did not look for any—I was looking about the ground for the bullet.
MR. ATTORNEY-GENERAL. Q. I do not know whether you have been
accustomed to see marks made on a wall by the firing a ballet against it? A. I have, frequently—the first shot was fired in a slanting direction, the second shot was almost before me—the carriage never stopped—it went on up Constitution-hill, in the direction of Grosvenor-place.
COURT. Q. Was the place on the wall as big as the palm of your hand? A, I think nearly as large—that would be nearly the whole flattening of the bullet—the ball would be a perfectly flat surface if it made so large a mark as that—I should say the piece of brick was broken by the force of the bullet on the wall.
THE HONOURABLE WILLIAM OWNED STANLEY . I was in the Park on the 10th of June last—I was coming straight down in the direction where the shot was fired, from the reservoir at the top of the Park—it might be about two hundred yards from the spot—my attention was called by hearing the report of one pistol first, and a few seconds afterwards a second—as soon as I came down to the rails I tried to get over, but could not for the spikes—I then asked what had happened, and asked the bystanders whether there were any marks on the wall—I got to the wall about ten minutes afterwards—I have tried since, and it took me about seven minutes to walk round—I have had frequent experience in the mark that a ball would make going against a wall—I saw a mark which in my opinion was decidedly such as might have been made by a bullet—I have not the pleasure of knowing Mr. Murray.
Cross-examined by MR. SIDNEY TAYLOR. Q. Have the goodness to describe what sort of mark this was? A. It was rather longer than wide—it appeared to me that the bullet had struck there—I could see the part where the bullet bad struck, and a chipped brick, which had broken off about an inch and a half—where the bullet struck it appeared to be circular—I examined other parts of the wall, and there appeared to me to be another mark about fourteen yards from that, not quite a similar mark, it appeared to me to be fresh, and such a mark as might have been caused by a bullet—I examined about twenty yards on either side, but could find no other mark.
Q. After you had seen these two marks on the wall, did you examine whether there were any bullets underneath the places where the marks were? A. It would have been no use—I did examine, Hooked down on the ground close to the marks, but found no bullet there—there were three little chimney-sweepers there—Sir John Eustace was with me—he examined also—he walked round with me, and there was an old artillery man there—he examined—he found no bullet—he agreed with me.
Q. The artillery man, you, and Sir John Eustace searched for the bullet, and found none? A. cannot say that I did search for the bullet, for being in an angular direction, the bullet would have glanced off—I looked down, but no more—I was looking down for a few seconds by each mark—I looked down to see if the brick that had chipped off had dropped below—I did not look to see if there was a bullet, because I did not think it likely—I did not see any policeman there at the time—some came up before I left—they did not search—I did not speak to them—it was no use—they did not search while I was there, to my knowledge—the wall is, I suppose, fourteen or fifteen feet high there—I did not search in the garden.
asked what had happened, and in consequence of what I heard I did not look for the ball in the immediate neighbourhood.
COURT. Q. In your opinion decidedly the mark in the wall was produced by what? A. I have no doubt whatever in my own mind that it was produced by a bullet fired from a pistol.
JOHN WILLIAM LINTON . I live with my father in the Waterloo-road. I am a playmate of the prisoner's—I was never at school with him—I remember hearing of the Queen having been shot at—on the Monday previous to that the prisoner called on me—about a month before that I had been to the Strand with him—I cannot remember our conversation when he called on me then—he asked me to go with him to the Shooting-gallery in the Strand—he showed me some pistols—he did not show me the pistols the first time he called to ask me to go—he called one day to ask me to go, and I went with him the next day—he showed me the pistols the day we went to the gallery—they were very handsome pistols—they were carved on the stock—I did not notice how they were mounted—he said a friend had lent them to him—(looking at the pistols produced)—I almost think these are the pistols, but I could not swear to them—to the best of my knowledge they are—I went to the Shooting-gallery in the Strand with him—he there shot at the target—he had half a dozen shots—the people at the gallery provide the ball—when he called on me the Monday before the Queen was shot at, he showed me the pistols—they were the same I had seen before—he said he had been at a much better Shooting-gallery than the one we first went to—he did not say where it was—I understood it was over the water—I mean over the Thames—we were then in the Waterloo-road, and he meant over the water, on the Westminster side of the Thames.
COURT. Q. Where were you when the conversation took place? A. At my own home in the Waterloo-road, over the river—I understood him to mean on the Westminster side.
SARAH PACKMAN . I keep the house No. 6, West-place, West-square. The prisoner lodged at my house, and had done so I think six or seven weeks before the Queen was shot at—his mother had been there about three months—his mother took the lodging—she was there the whole of the time except when she was at Birmingham—she went to Birmingham full a month before the Queen was fired at—after she went the prisoner remained in the lodging—his room was the front room one pair—the night the Queen was fired at, some police-officers came to my house, and took a box away from the prisoner's room.
SAMUEL HUGHES . I am an inspector of the Metropolitan police. On Wednesday, the 10th of June, I went to No. 6, West-place, West-square, about a quarter to eight o'clock in the evening—I went into the front-room one pair—it was open—I found this box there—(producing it)—it was locked—I opened it with a chisel and hammer—I afterwards tried this key to it, and it fitted it—I found in it this sword and scabbard, four books, a black crape cap with two red bows, a powder-flask containing about three ounces of gunpowder, a razor, a bullet-mould, two pistol-bags, a memorandum-book containing four papers, I also found five bullets, and twelve or fourteen percussion-caps—(producing the articles)—the bullets that were cast by that mould fitted the pistols—I cast one, and tried it, and it fitted the pistol—the bullets that I found loose would roll into the pistols, but they were rather smaller, and did not appear to be cast in that mould—I took the box and the articles to the station-house—I showed them to the prisoner—he
said the box was his, and the things that were in it—he saw the pocket-book and the papers—he said those were his also—he said be intended to have destroyed them in the morning before he went out, bat he had forgotten them—the papers were folded up in the pocket-book as they are now—they were not pinned together—the three letters were folded up as letters—the foolscap paper was folded up in that form.
The following papers were here put in and read:—
"1. That every member shall be provided with a brace of pistols, a sword, a rifle, and a dagger; the two latter to be kept at the Committee-room.
"2. That every member must on entering, take the oath of allegiance, to be true to the cause he has joined.
"3. That every member must, on entering the house, give a signal to the sentry.
"4. That every officer shall have a factitious name; his right name and address to be kept with the secretary.
"5. That every member shall, when he is ordered to meet, be armed with a brace of pistols, (loaded;) and a sword, to repel any attack; and also be provided with a black crape cap, to cover his face, with his marks of distinction outside.
"6. That, whenever any member wishes to introduce any new member, be must give satisfactory accounts of him to their superiors, and from thence to the council.
"7. Any member who can procure an hundred men, shall be promoted to the rank of captain.
"8. Any member holding communications with any country agents, must instantly forward the intelligence to the secretary.
"9. That whenever any member is ordered down the country, or abroad, he must take various disguises with him, as the labourer, the mechanic, and the gentleman; all of which he can obtain at the committee-room.
"10. That any member wishing to absent himself for more than one month, must obtain leave from the commander-in-chief.
"11. That no member will be allowed to speak during any debate, nor allowed to ask more than two questions.
"All the printed rules kept at the committee-room."
"List of principal members.—Factitious Names.
Marks of Distinction.
Council.—A large white cockade.
President.—A black bow.
General.—Three red bows.
Captain.—Two red bows.
Lieutenant.—One red bow.
"Young England.—Dated May 16, 1839.
"SIR,—Our Commander-in-Chief was very glad to find that you answered his questions in such a straight-forward manner. You will be wanted to attend on the 21st of this month, as we expect one of the country agents to town on business of importance. Be sure and attend.
"A. W. SMITH, Secretary."
"P.S. You must not take any notice to the boy, nor ask him any questions."
"Addressed, Mr. Oxford, at Mr. Minton's
"Young England.—Nov. 14, 1839.
"SRI,—I am very glad to hear that you improve so much in your speeches. Your speech the last time you were here, was beautiful. There was another one introduced last night, by lieutenant Mars; a fine, tall, gentlemanly-looking fellow; and it is said that he is a military officer, but his name has not yet transpired. Soon after he was introduced, we were alarmed by a violent knocking at the door. In an instant our faces were covered, we cocked our pistols, and with drawn swords stood waiting to receive the enemy. While one stood over the fire with the papers; another stood with lighted torch to fire the house. We then sent the old woman to open the door, and it proved to be some little boys who knocked at the door, and ran away.
"You must attend on Wednesday next."
A. W. SMITH, Secretary."
"Addressed, Mr. Oxford, at Mr. Parr's,
Hat and Feathers, Goswell-Street."
"Young England.—3rd of April, 1840.
"SIR,—You are requested to attend to night, as there is an extraordinary meeting to be holden in consequence of having received some communications of an important nature from Hanover. You must attend, and if your master will not give you leave, you must come in defiance of him.
A. W. SMITH, Secretary."
"Addressed, Mr. Oxford, at Mr. Robinson's,
—TIERNEY. I am a police-sergeant. I have, since this morning, been to the wall on Constitution-hill, opposite where the prisoner stood—the height, from the foot of the wall, is nine feet four inches—it is twenty-two yards from the wall to the railing opposite, in rather a slanting direction.
COURT. Q. The foot of the wall is lower than the road? A. It would make about a foot difference—that would be about eight feet four inches from the road—I saw a mark on the wall—that is exactly six feet from the foot of the wall, or about five above the level of the road.
JAMES BROWN . I was an outrider attending her Majesty, on the evening of the 10th of June—there were two more outriders attending her Majesty—her Majesty had no other attendants from the palace to the place where she was shot at—the two equerries went across the garden from the door, and came out at the gate from Constitution-bill, leading from the garden to the road—I was behind—the other two outriders were before her Majesty's carriage—my horse's head was not above a yard from the carriage when the first shot was fired—when the last shot was fired I was close by the side of the prisoner—as I looked round from the report of the. first pistol he was just firing the next—I was about the same distance behind the carriage—I was close to it, within about a yard of it—I was in the centre of the road—it was smallish man that fired, respectably dressed, in a brown coat—I was trying to turn my horse—two or three persons had got hold to the prisoner, and I followed on with her Majesty to her Royal Highness the Duchess of Kent's—I had not noticed the man before I beard the report.
Cross-examined by MR. BODKIN. Q. How many equerries usually attend her Majesty? A. Two—on this occasion they went across the garden, and not out at the usual gate, to join the carriage at the top of Constitution-hill—it is usual for them to go out with her Majesty at the front gate—they generally ride one on each side of the carriage, close to the hind-wheel—her Majesty usually sat on the left-hand side of the carriage, in this small carriage.
MR. ATTORNEY GENERAL. Q. In the larger carriage, dots her Majesty sit on the same side, or sometimes on the right side? A. Sometimes on the right side; generally so, I believe, in the larger carriage.
THE HONOURABLE FOX MAULE . I am Under Secretary of State for the. Home Department. I was present when the prisoner Was before the Privy Council and examined—When the examination was closed, the Secretary of State informed the prisoner that he was at liberty to make any observation he chose, but at the same time warned him that any thing he did state would be taken down in writing—the prisoner did make a statement voluntarily, and he also voluntarily signed that statement—this is the statement he signed—(read)—" The prisoner says, 'A great many witnesses against me—some say I shot with my left, others with my right—they vary as to the distance—after I fired the first pistol, Prince Albert got up as if he would jump out of the coach, and sat down again, as if he thought better of it—then I fired the second pistol—this is all I shall Say at present—(Signed) EDWARD OXFORD.'",
Q. Were the witnesses examined in the prisoner's presence? A. Yes, and he put questions to them by way of cross-examination.
Cross-examined by MR. BODKIN. Q. I believe other persons were examined, who have not been to-day? A. Yes, Lord Colchester and some others—I have seen the prisoner twice in Newgate—I have had conversation
with him—I do not know whether I put questions to him; but on one occasion, when I saw him, I was given to understand it was at his own request, and then he made a statement, in my presence, which the governor of Newgate took down, with his own consent—I may have put several questions to him—I found no reluctance to answer any questions I put to him.
Mr. SIDNEY TAYLOR addressed the Court and Jury in the prisoner's behalf, and called the following witnesses;—
SANDHAM KENT . I am a carpenter, and reside at Kentish-town. I was acquainted with John Oxford, the grandfather of the prisoner—his wife was my sister—he was a sailor—I saw him when in England, and continued, at intervals, to have him under my observation to the time of his death—I do not remember in what year he died—I should think it is about eight or nine years ago, but I cannot say to a certainty.
Q. In the latter part of his life what was the state of his mind? A. The latter part, I think, was better than it was before—the first part of his life, I think, was very unsound—I formed that opinion by his behaviour and his ways of going on—he was raving mad at one time—that was about 1799—I was obliged to put him under restraint then—I was obliged to put cords on him—he was in the country—I was assisted by three persons in doing it—it required the strength of those persons to confine him—I never saw him confined by a strait-waistcoat—at the time I speak of he was confined in the country, just by Petworth—he was put in Petworth Bridewell, and kept there a fortnight—he was put there for being unsound, for care—I did not see him there—we took him to the Magistrate, and he sent him there—he was there a fortnight, and was sent out, promising he would come off to London—he was very queer, at times, in his conduct—once he ran after me with a spit—I had not given him any provocation for that, nor had any quarrel with him—at the time he was confined he broke the windows, and smashed every thing in the house—the things were not his own, but my father's—he was down there then—his wife came down to my father's, and he came down to her—at the same time he threw a couple of clocks down in the room, and smashed them to pieces—his wife was obliged to go from my father's to another house to be protected from him—that was at the time of the christening of one of his children—I did not see him for two or three years after he came out of the Bridewell—I then saw him in town—he was in a very good state then—he went to sea, and two years after he came home, and was very queer again—I do not remember any thing particular which he did then—while he was in town he used to be always laughing and jumping about, like anybody quite gone—he was after that admitted into Greenwich Hospital—I cannot say whether there is apart of the Hospital where lunatic patients are kept—I saw him at the Hospital—he was in the Queen's ward—I never saw him in the infirmary.
Cross-examined by MR. ATTORNEY-GENERAL. Q. How old was he when he married your sister? A. I cannot say, I suppose between twenty and thirty—I did not know him before that—I became acquainted with him two or three years after his marriage—he was given to drink a good deal—I believe it was after those drunken bouts that he displayed a violent turn—I do not think he lived very happily with his wife, but I cannot say—I took him before the Magistrate at Petworth, for throwing down and breaking the things in the house, and threatening our lives—he was
allowed to go at liberty from the Bridewell, on promising to go to London—I saw no more of him for some years—he continued his habit of drinking—he went about Greenwich Hospital like any other of the pensioners.
COURT. Q. Do you know how long he was at Greenwich? A. I cannot say, it was five years or more.
SOPHIA OXFORD . I live at Bishop's Stortford. I am the widow of the prisoner's grandfather, he has been dead eleven years, he died in Greenwich Hospital—I had been married to him thirty-five yews—he was a seafaring man, and went abroad occasionally—I generally saw him when he came to England—he was generally in a very unsettled state of mind when he came to see me—he was addicted to drink—he was not so much unsettled when he had not been taking liquor as when he had.
Q. Do you remember any thing particular that happened, to show the state of mind in which he was? A. I think it was soon after I was married—the very day that Edward's father was twelve months old, he came to me and made a very great disturbance—he broke the furniture and the clocks, and tore down the table-cloth—it weight be owing to liquor—he was taken up and put in Petworth-gaol—they took him on horseback to gaol—I think three men took him—nothing was done to him before he was taken—I once saw a strait-waistcoat put on him, in 1821—I really cannot recollect the waterman's name who put it on—a waterman came in and put it on—that was at Deptford—I sent for the person to put it on—I was in danger—the waterman was not an officer—the beadle of the parish came as well as the waterman, and one or two more men—I cannot say how long they were putting the waistcoat on him, for I was not present when it was done—I saw him afterwards, when it was done—I was at my own home—my husband was up stain—I did not go into the room while they were putting the waistcoat on, I did not like to see it done—no one was in the room with him before the men came—I took them up stairs—he had been very restless during the night, and told me he should get up and go to Birmingham, and I watched him—he told me to go to Woolwich—my daughter was in the house—I sent her, and he had the waistcoat put on him, and after it was put on he was very bad indeed, and so continued for several days—it was necessary to have two men with him—he was fastened down to his bed at that time—he was not fastened to his bed more than a day, but the strait-waistcoat was kept on between a week and a fortnight—a medical man was called in—I think it was Mr. Atkins, a surgeon, living at Deptford—I do not know whether he is living or dead now—the straight-waistcoat was kept on several days after the medical man had seen him—at the end of the time I have mentioned, he got better, and went to sea again, after some time—as well as I can remember, about a couple of months elapsed between the attack and his going to sea—I never knew him in the Royal Naval Asylum—I knew him in the college—he was a pensioner, he was under the care of Sir Richard Dobson, for a complaint in his head, after he was admitted at Greenwich—I firmly believe the attack in his head affected his mind—I saw him in the hospital at the latter part of his life—his bodily health was very good, until within the last fortnight—his intellect appeared very steady the latter part of his time, the last fortnight—for the last few years of his life, I was a great deal away at Brighton—I was not with him till within the last twelve months.
Q. Well, what was the state of his intellect during the last twelve
months? A. It appeared very steady when be refrained from liquor—I did not know him to be labouring under any delusion at any time while in the hospital—I was at Greenwich for the last year—he used to come to and fro to me from the hospital.
Cross-examined by MR. SOLICITOR GENERAL. Q. How long had you known your husband before you were married? A. Not more than two months—I was living in a family at East Bookham, when he went to sea before I saw him at Petworth—I cannot exactly say how long he had been absent when he came to my father's—he had made a voyage to the East Indies, and came back—I went to my father's when he was liberated the jaol—I was living with my father when he came to me at Petworth—I had left him in London when he last went to sea, before he behaved so badly—he was not displeased at my going to my father's—he wished to give them a treat, which did not suit them, and then he turned into a great rage, and got in liquor—he was not tipsy—he was about two days at my father's house when this happened.
Q. What was the treat they would not have, which made him so angry? A. He had high notions, and he thought they ought to have paid him that homage—he thought they did not behave well to him—when be broke the things, they sent him to Bridewell—he went to sea again—it might be a few days after that, or it might be a month or two—after be came out of the Bridewell, he came to London—I went to London with him till he went away—he was about four years in Greenwich Hospital, to the best of my recollection—for the last twelve months, he was steady, and kept from liquor.
SOPHIA BARTLETT . I am daughter of the last witness. My husband is a farrier, and lives in Harrison-street, Gray's Inn-lane—I remember the time of the strait waistcoat being put on my father at Deptford—I was then about twelve years old—some men were sent for, and I believe four came—it was very near four o'clock in the morning—I believe it was is the summer time—the men shut the door when they went into my father's m—he was confined to his bed about a fortnight on that occasion—he afterwards recovered, and went to sea—I and my mother then went to Brighton—I next saw my father at Greenwich College—I saw him there very often.
Q. What appeared to you to be the state of his mind when you saw him at Greenwich Hospital? A. Not altogether insane, more of an eccentric character at that time—he told me he was the Pope of Rome—that was when he was keeping guard at one of the college gates—he would tell me he was St. Paul, and that the Pope of Rome had made his escape—that was when he was guard at the gate—he said these things as if he seriously meant them—he was quite sober when he said them—by the term eccentric I meant strange—he was treated very kindly at the hospital, particularly by his lieutenant—I had a brother named Peter, who I believe was younger than myself—he had a complaint in his head which caused his head to be light—I believe he was put into the Naval Asylum for that—I saw him there once—his head was quite well then—I do not exactly know how long he was there.
Q. Now, with respect to your father, from the means of observation you had, was he in your judgment, of sound mind, or not? A. Never.
Cross-examined by SIR F. POLLOCK. Q. When did you last see your father before his death? A. On the Sunday evening as he died on Monday
morning—that was in the year 1831—I am twenty-six years old—I was born in 1815—I have never had any serious illness—I have been indisposed—when my father had the strait-waistcoat on he was confined in the top room of his own house—he was not carried away—I remained there during the whole fortnight he was confined, except of a night—I do not know how long he had been to sea before this happened—he had been to sea from a very early age—he had been borne some time previous to this occurrence—I cannot say how long, as I was not at home myself—I cannot say whether he came home well or unwell—his manner bad been strange before he had the strait-waistcoat on—he had had no fever—he was in perfect health of body—I was at the top of the stairs when he was in his room, and I looked through the door—I was in the room when any one else was there—he went to sea after this—not for many years—I cannot say how many—he went to sea, I believe, in about six months after he was confined—he took no other situation till he went to sea—he went in the Royal Navy—when he was at Greenwich College he used to say he was the Pope of Rome, and he would hoist his halbert over his shoulder—his duty while on guard was to open and shut the gate—I did not observe that he carried any arms—I believe he did not—he would sometimes say he was St. Paul—that was when at the gate, and when he came home too—I never heard him say he was St. Peter—Dr. Henderson attended him, at Deptford—he bad no doctor at the time he talked about being St. Paul and the Pope—I never mentioned it to a doctor—he was perfectly harmless—the prisoner is my eldest brother's son.
SARAH KITCHEN . I am seventy-four years of age, and am cousin to the widow of the prisoner's grandfather. I formerly kept the Black Prince public-house at Kennington—I retired from business many years ago—I did not see Edward Oxford, the grandfather, often—I recollect his coming to me one day at Kennington—that was the tint time I saw him—he behaved in a very singular way, but I did not know him before, and did not now his manners—he acted in a very inconsistent way—I supposed he was not quite clear in his head—it is thirty years ago—I cannot exactly recollect in what way he acted, but I know he behaved in a very singular way—it was on a Sunday afternoon when he went from me—his wife was with him—he behaved very indecently in the street, and the watchman was obliged to take him to the watch-house—the last time I saw him he sat down at the table, pulled his handkerchief out of his pocket, and tied it tight round his head—I asked him if his head ached—he said, no, he was St. Paul, and he was going to be my leader—he said he would be my leader because he was his wife's leader, and he then sat down again—he then got up, went to the other side of the room, and talked to himself a considerable time—there was no one in the house but myself, and I felt very much alarmed at his conduct—he said he was going to tell his captain (the gentleman he sailed with, I forget his name) that he was to be his leader also—he went home, and next morning he was obliged to have a straight-waistcoat on, and be tied down to the bed—I wished to get rid of him, and he went—I knew his son, the prisoner's father, when he was a little boy at school, but I never saw him since.
Q. When he was a little boy, did you see him do any thing strange? A. I did—one time I saw him go to the top of the house, get out of the window, and hang by his hands—a person came and told me of it—his mother was sitting in the bar with me, and she and the woman went up
stairs and pulled him in—he was hanging by the sash at the bottom part of the window—I cannot say what height the window was from the ground—it was on the first floor—he was hanging over the street in that way—he was about twelve or thirteen years old then—I never saw him after that.
Cross-examined by MR. ATTORNEY-GENERAL. Q. With regard to the grandfather, did you know enough of him to be aware that he was very much given to drink? A. No—I never heard it—I never saw him in liquor—I never saw him but four times in my life.
HANNAH OXFORD . I am the prisoner's mother. I was twenty years of age when I married his father—he was also twenty—I was acquainted with him about six months before I married him—I was at that time living at Birmingham, with my father, who kept the Hope and Anchor tavern—he was an artizan—he became acquainted with me by frequenting the tavern.
Q. Before your marriage, did any thing take place in your presence which you thought singular in his conduct? A. He was singular altogether, not like any other man I was acquainted with—I did not marry him with the consent of my friends—I refused to marry him a great many times—on those occasions he would pull a razor out of his side pocket, and bare his throat, and say he would cut his throat in my presence if I refused him—I have at other times seen him with pistols and poison—he would show me the paper with oxalic acid—at the time the Princess Charlotte was lying dead, he followed me out of the house with a double barrelled pistol loaded with slugs, and said if I refused to have him he would blow his brains out before my face, and I promised him then—I never said I would have him before then—upon that threat I for the first time said I would marry him—we were married on the 28th of April in the following year, 1818—I had made the promise in November—a variety of circumstances took place between the time of my giving the promise and the time we were married—he would come to my father's, and when my father would not serve him with liquor, he would send out for it to other houses, and he would offer to pay other people's scores—he was then, I should say, the worse for liquor—I remember the day before we were married, a person had written to his master to inquire his character, and it was not satisfactory—it arrived that day—I then told him I would not be married to him—on my telling him that, he went into a violent rage, pulled out a roll of Bank-notes and the license, and burnt the notes—I then said I would be married—the notes were entirely consumed—on another occasion he took some Bank-notes, twisted them round his finger, lighted them, threw them on the ground, and watched them burn out—they were Bank-notes of his own—his conduct did not improve after marriage—he would promise if I would marry him he would keep it a secret, as I was married without the consent of my parents, but he quarrelled with my mother, and then disclosed the circumstance of my being married to him—it was before we were married that he burnt the Bank-notes—twice before we were married he burnt Bank-notes—the bundle he burnt the day before our marriage was in consequence of my refusing to have him—the others he burnt after I promised to have him—he wished me to have the money to purchase furniture, and said, "Will you have it?"—I would not, and he then burnt the notes—there was a very large roll of notes—I do not know precisely the number—he was earning on an average I
should say 20l. a week at that time—he was very skilful at a workman, and very quick—he was a gold chaser, which at that time was a very lncrative employment—he was considered the best in Birmingham.
Q. Do you remember at any time his making an attempt upon his own life? A. I do—frequently, before our marriage—one night he was picked up by the watchman outside the door, and there were a great number of people there—I, knowing what he had threatened, was very much alarmed—he was found by the watchman in the street with a razor in his hand—I was in my mother's house—he was brought in, and I saw him—the watchman had the razor, and gave it to my mother—he was crying at that time, and teemed very desponding—we had seven children—the prisoner was the third child—the first child is living—at the time I was pregnant of the second child, my husband's conduct was dreadful, brutal—he neglected me to that I fainted three or four times a day for want of food—he once broke a jug, and threw a piece at me—it would have cut my face, but I held up my arm and it cut my arm—I have the wound now—he annoyed me dreadfully by grimaces while I was pregnant of my second child, and by jumping about like a baboon, and imitating their grimaces—that continued during the whole period of my pregnancy of the second child—that child was barely born alive—it was a confirmed idiot, and its countenance was precisely as the father looked when he made those grimaces—it put its tongue out like he did—it lived about between two years and four months, not quite two years and a half—during all that time it had not the least appearance of reason—it never spoke or walked—it was very voracious—it showed no indication of sense or reason at all—I continued to suckle that child after the birth of the prisoner—it took to the breast two or three days after this boy was born—its cry was not human—it was a sort of moan—it was not like a child cries—I suckled that child and the prisoner together—my husband's conduct was much the same during my pregnancy of the prisoner, grimaces and so on—I was in tears one day when a lady called, she said, "What is the matter, Mrs. Oxford?"—I said, "He is commencing the same faces he always has done," and she told him it was very wrong of him—he once struck a file into my breast, and the milk flew out from the wound—there was a stream of milk on the floor—that was before the birth of the prisoner, it was whilst I was suckling my first child, and on observing the milk come from the wound, he showed the same indifference that he always did—I had not had any quarrel with him—he was always tormenting me—he delighted in annoying and teasing me.
Q. Did you do any thing to provoke him to these extraordinary acts? A. No—I was considered too patient, and too attentive to him—I was blamed by my parents and many persons—he kept a horse at one time, and I have seen him bring the horse into the house, he led it in by the bridle, and he seemed, like a child with a toy, amused at his own folly—he brought it into the sitting-room, and led it about—I have frequently applied to him for money for the support of the family, which he has refused, and abused me, and he once knocked me down, and fractured my head—I had done nothing more than ask him for money to support the family—I knew he had received many pounds that night—he put 2s. on the table—I said I could not do without money—he was perfectly sober—it was between seven and eight o'clock in the evening—I believe it was before the birth of the prisoner that I received the blow which fractured
my head—I cannot say whether it was at the time I was pregnant—he cut my head with a quart pot, while I was pregnant with the prisoner—he threw it at me, and it cut my straw bonnet through, and cut my head—I did not know my head was cut till I felt the blood coming down—I do not remember, how far advanced in pregnancy I was then.
Q. Was your mind ever at all affected by any violence done to you by your husband? A. When asleep I screamed, and I was obliged to be awoke up in my dreams—that was when my head was fractured—I was carried in by several persons, and when they dressed my head, I attempted to walk, but could not, my head turned round with giddiness—that was the day it was done—I was dangerously ill—I was obliged to have my head shaved and poulticed—Mr. Partridge the surgeon can tell when that was better than I—I believe he is here—I remember one day walking with my husband—he left me, saying, he had a box to go off by to-morrow, and he must go and finish it—he left me at my mother's, on telling me that—after that I went home with the servant and child, and found the house locked up—it was not opened to me—I went back to my mother's—it was afterwards opened, and part of the goods were removed, the house in confusion, and my husband gone—he was taken by the authorities of the town next morning, in the act of leaving Birmingham, for London—I had not had any quarrel with him at that time—not a word or sentence of anger—when I saw him afterwards he did not give me any explanation of his conduct, but he came into my father's house and asked me some questions, which I answered him—the persons sitting by wondered how I could speak to him—he went away again immediately—he continued in Birmingham for some weeks, and then went to Dublin, where he stopped four months, leaving me and my children with my mother—at the end of the four months he returned, and sent for me to a lodging-house; I of course put out my hand, expecting he would be glad to see me, but he pushed me from him—he said nothing particular, only be seemed annoyed at my looking better than when he left me—he said so—I have heard him reasoned with by his friends as to his conduct, and he said, if any one persuaded him to do any thing, be would act directly opposite—he did not appear to be capable of seeing the folly and wickedness of which he was guilty—he would laugh in the most triumphant manner; and he had I should say, an almost supernatural look with him when he had done wrong, and when I was distressed—the day I was put to bed with the first child he kicked me violently because 1 did not agree to something which he proposed to me to do—I have known him take poison twice, I believe—once he took laudanum, and he was very ill for several days afterwards—he was at my sister's house the same day that he took it in the afternoon, and she spilt half of it—he kept his bed several days in conesquence—Dr. Birt Davis was called in in consequence—my husband died on the 10th of June, 1829—I have seen my husband's father several times—I saw him on the occasion of my husband's death, and the night before he was buried, he said he was determined to lie by the side of his dear boy and he was then in a putrid state, in his coffin—I had been obliged to burn vinegar for the last two or three days—his father did not appear to be in a sound state of mind—he reproached me for having my husband opened without getting any thing in return, which was very unnatural, I think, in a father—his conduct was very eccentric on other occasions when I saw him—he had a great many peculiarities. The prisoner was born on
the 19th of April, 1822—for the first seven years of hit life he was under my care.
Q. Did you observe any thing remarkable about him from his infancy? A. Yes, he would burst out crying when there was no one near him, and no one speaking to him, and he was always very troublesome—it was different to the mere waywardness of childhood—if he sat still or stood still, he would burst out crying—that was after he had learned to walk as well as before—all children cry, but this was when he was three or four years old, and he has continued to do so through life, to cry without any apparent cause—I have known that to be the case up to the time of my going to Birmingham, or just before that—that was in the present year—he had a great many other very singular habits—he would get into a violent rage without any cause; he would deliberately break any thing, and willfully destroy any thing that he took in his hand—he once pointed a pistol at me, that was the first day he brought them home—I should have told you that my husband, during my pregnancy with the prisoner, pointed a gun at my head—the prisoner was particularly fond of fire-arms and gunpowder—I have frequently taken it from him when he was young—he would sometimes play about with other children, and at other, times he would amuse himself with letting off cannons, and he was once very much burnt with gunpowder all over the face—he was very much hurt, that is eight years ago this summer—he was at play in the yard with a little boy, and the cannon exploded, and he was very much burnt—his eyebrows and eye-lashes were burnt off, hit hair was very much singed, and his face was a complete mass—I sat up two nights to wash it with a lotion—it was very much hurt—he behaved very fractious indeed, and screamed terribly, so that the doctor was angry with him, and gave him a sleeping medicine—when I first saw him, after he had burnt himself with the gunpowder, he was crying dreadfully—I was absent at the time, and when I returned I found him washing his face with water.
Q. Has he any habit of laughing? A. I have frequently beat him for it when he was much younger—that habit has continued up to the present time—he would laugh hysterically after these gloomy fits and fits of violent passion—it is an involuntary laugh—I told Mrs. Robinson so the day he left—he was in the habit of alarming me dreadfully, by making strange noises, firing off cannons, and flourishing a great stick before his sister's face, and before the looking-glass—complaints were made to me by the customers of his laughing, and if I asked him to do any thing when I was in business, be would make such a disturbance, that it used to distress my feelings dreadfully, and annoy the customers—I was at that times keeping a pastry-cook's shop in the Westminster-road, but he has annoyed them since then at a coffee-house which I afterwards took—when the gentlemen have been reading the newspaper, he has made such a dreadful disturbance that it was very annoying and very distressing to my feelings—the customers complained of it—I shut him in the cellar, on one occasion, when I kept the pastry-cook's shop—the customers came to complain of him—I lost a great many of them in consequence—I lost my business entirely—at times he was very affectionate, and at other times the contrary—he would break out unawares, and if he wanted any thing, and it was not reached him in a moment, lately, he would strew the room with litters, and throw every thing down that came in his way—he was sometimes very gloomy—he would sit. for a long time with his hand to
his head, and not speak, and he would be impatient if I spoke to him, especially if he was reading, and we spoke to him, he would get in a violent rage—I went into a situation at Mr. Prescott's, the bankers, as confidential housekeeper, and was there a year and a half—I saw the prisoner occasionally during that time—I placed him with a person named Sandon.
Q. After you left Mr. Prescott's, and he came from Sandon's, did these peculiarities appear to have subsided or increased? A. Increased considerably—I could not manage him at all—he broke windows to the amount of 29s., and he used to jump on the sofa, and throw the pillows about, and destroy things wilfully—that is eight years ago—since that time he has been under my own observation until the last four years, and then he has only been with me for a week or a month occasionally, having gone out to situations—he was with my sister at Hounslow first for about two years—she then kept a public-house—she does not now—he then went to Mr. Minton's, at the Shepherd and Flock, in London, and from there to Mr. Farr's, in Wilderness-row—when at home he was in the habit of going on the roof of the house and throwing at people as they passed—he was brought home one night by a policeman, who informed me he had been taken to the station-house—he had got behind a carriage, and frightened a lady who was in it by making a great noise, and she was pregnant; and her husband, who was a solicitor, was exceedingly alarmed and angry—that was stated in his presence—I went next morning to inquire after the lady's health, and apologize—he took no notice when he heard this account—he did not appear conscious of having done wrong—he used to look very indifferently about all these things—I think this was somewhere about six years ago, between five and six—when he was at home of late, I knew of his having no companion but Master Linton, who has been examined—he never, to my knowledge, belonged to any club or any meeting—I left London for Birmingham about four weeks and three days, I think, before this occurred—at that time he was out of place—he had left his place just a week before I went to Birmingham—he received 20l. a year wages where he had been—he did not purchase the clothes he has on with that money—he has had that coat a long time; he had it just as Mrs. Minton died, more than two years ago—he then had a suit of mourning given him, consequently this coat was saved—he has had it in his possession full two years, I should say—I do not know whether it is so much as two years—I should say he has had these clothes nearly two years.
Q. How lately has any thing occurred between him and you in allusion to Macbeth, or any thing of that kind? A. He has always been talking in that manner, repeating parts of plays, from a very little boy, and we used to imitate him because he said it so badly—he wanted to go to sea last winter—he wanted me to go to Birmingham for 50l. to provide him as a midshipman—I told him of the folly of his going to sea when he knew nothing about nautical affairs—he said he should have nothing to do but to walk about the deck and give orders—I said, "But you must first learn navigation"—he said he would allow me half his pay, and how proud I should be of my son when I saw his name in the papers, Admiral Sir Edward Oxford—when he brought the pistols home, I said, how could he think of laying his money out in such folly, and he said they were not his—he was saving them for a young man—I do not know whether there was any thing in the pistol when he presented it at me—he had only just then brought them in—he has behaved violently towards me—the day
before I went to Birmingham he made my nose bleed by a blow from his fist—I was playing with him and turned round, and he hit me on the nose—that was not in the course of the play—it was after—he turned round suddenly as he was going through the door, and struck at me—it hurt me very much—I screamed out—the landlady came up stairs, and she said, "If I was to strike my mother I should expect my hand to drop off"—he appeared very sullen.
Q. You know his hand-writing, of course? A. Yes—(looking at the paper headed "Rules and Regulations" found in the prisoner's box)—I believe this paper is his hand-writing—all that is his writing—I have received two or three notes from him since he has been confined—I have seen him write many times—I have no doubt whatever these are his hand-writing—these three notes—(looking at them)—are also his handwriting.
Cross-examined by MR. SOLICITONR-GENERAL. Q. About this nose bleeding, did he tell you it was an accident, and did you tell Mrs. Packman that you thought it was an accident? A. I did, because I did not like to appear so severe with him—my parents on many occasions witnessed the threats that my husband made to me before our marriage—his threats of what be would do to me if I did not marry him—the courtship continued, and I afterwards did marry him—I do not know the amount of the notes which he burnt—it was a very large roll of notes—I am sure they were notes, because the Birmingham notes were very much soiled, and I could tell their appearance—my son (the prisoner) went to school when he was a very little boy—Walters, I think, was his first schoolmaster's name, I am not quite sure—when he went to a master's school I was not there—it was while I was at the situation at Mr. Prescott's that he was sent—I lived in Mary Ann-street, Birmingham, at the time of his birth—he continued under my care till three months after his father's death—he was seven years old then—he bad been to a small school in the neighbourhood where I lived—my husband kicked me at the time of my confinement—that was not the occasion upon which my father said he would prosecute him—that was when I was in such a dangerous state with the second child—I was taken home a month before my confinement, or else there was every reason to suppose I should not have recovered—it was on that occasion my father said he would prosecute him—I cannot say exactly how long the prisoner was at school at Walter's—he next went to Mr. Robinson's, in the NewCut, Lambeth—that is about eight years ago—Mr. Walters was in Birmingham—he was at Mr. Robinson's several months—Mr. Robinson used to come and complain of his inattention—he next went to a school at Camberwell, and remained there a few months—there were the same complaints then of inattention and wildness—I do not think he went any more—when I was at Mr. Prescott's, he was placed with George Sandon, of Birmingham, who married a niece of mine—he was there twelve months—my father had the care of him after that—he remained with my father till eight years ago—I do not exactly know how long he remained with my father—it could not have been much more than a twelve month—part of that time I was with Mr. Prescott, and the other part in the Westminster-bridge-road, in business as a confectioner—when he left my father he came to me in the Westminster-bridge-road, and resided with me till he went to his aunt's at Hounslow, four years ago—he was barman at his aunt's—he continued with her till she failed in business, till he went to Mr. Minton's—the duty of a barman is to serve liquor at the bar, and
receive money, and account for it—he went to Mr. Minton's from his aunt's—he was in the same situation there, as barman—he lived there twice—he received wages at his aunt's—he lived about four or five months with Mr. Minton the first time—he then came to my house for a short time, and Mr. Minton had him back again—I cannot say how long he remained there the second time—I should say more than six months, or about six months—he had 20l. a year there—his next employ was at Mr. Parr's, in Wilderness-row—he remained there till Mr. Parr left the house, and remained a short time with the persons who succeeded Mr. Parr, to initiate them in the business, for which he received a sovereign, I believe—he then came home for a short time, and then went to Mr. Robinson's, in Oxford street—he gave Mr. Robinson notice, and afterwards he staid for a short time to oblige Mr. Robinson, till he suited himself—I went there for the first time the very day he left, and asked for him—Mrs. Robinson said he had left—I was rather alarmed, and said, "When did he leave?"—she said, "Not above an hour ago"—I said, "I hope he has given you satisfaction"—they said, "In every thing but laughing"—I said, "He cannot help it, for I have often boxed his ears for it"—I did not hear any complaint from Mrs. Robinson of his breaking the things, but I have often beard it from himself—when he was going to leave Mr. Minton the first time, I went to know the cause, and he said he made such mistakes in giving change, he liked him in every thing but that—Mr. Minton is alive—he is not here—the barmaid is—it was two or three weeks, I think, before he took him again—it was in consequence of the other barman leaving—I cannot tell how long exactly he remained the second time—I believe he was recommended from Mr. Parr's to Mr. Robinson's—my boy told me so—I never went to visit him at Mr. Parr's—he went to his aunt's four years ago this summer—during that four years, with short intervals he has supported himself in those services.
Q. What were those noises that you speak of that he made at the coffee-house? A. Why he would cry and roar, like a boy that had been beaten, if I asked him to do any thing, and I put him in the cellar once, and locked him in—I have frequently corrected him at other times—I have been compelled to beat him when he was much younger—he was in the habit, as a child in play, of using cannons and gunpowder, occasionally hurting himself—my daughter and I were so much alarmed once that we were both ill by the loud report of a cannon—we took it from him—I gave it to a lady who was there, and who is now dead—he was in the habit of using those kind of things—the last place he lodged at was in West-place—I forget the name of the solicitor who took him to the station-house for frightening his lady—the lady lived in Camberwell-grove—I went there next morning—I believe it was a gentleman's cab—he got up behind, and made a great noise in the lady's face—he put his face round from behind the cab, while the lady and gentleman were riding home—the gentleman immediately gave him in charge—I do not know whether he was acquainted with a lad named Roach, or Smith, or Gray—I do not know either of those—I know Linton—the prisoner associated with the lads in the neighbourhood of the Westminster-road—he had been home a week and a day, when I went to Birmingham—I left him in the lodging—I think he brought the pistols home on the Tuesday or Wednesday after he left—I intended to return to West-place—I did not intend to stay so long when I went—I desired that he would look out for another place—he said nothing was stirring, and he should rather wait till a good place offered
itself, than answer advertisements—I did not propose that he should advertise, or answer advertisements—I got him his first place, and he got himself the others.
FRIDAY, July 10th, 1840.
The Queen against Edward Oxford.—(Continued.)
MARY SUMNER . I am a widow, and live in Church-row, Houndsditch. My husband was a jeweller, and lived in Norfolk-street, Birmingham—I knew the prisoner's father there in 1820—we lived exactly opposite him in the same street—I had frequent opportunities of observing him—the first thing I saw singular about him was on an occasion when he rode into his own parlour on his horse—his wife was screaming, and I went over, and saw him riding round" on horseback—I, of course, considered he was not right in his mind—I observed peculiarities in his conduct on many occasions—once at dinner he threw the meat and vegetables out of window—I was present at the time, and saw it—I was in my own house opposite—my husband and I have frequently said to ourselves that he must be out of his mind—that was the general opinion—I have very frequently observed peculiarities of conduct in him, though I cannot exactly call them to mind—we always considered his acts more the acts of a madman than any thing else—he came from Birmingham to London with us in 1820, and there he stopped several weeks, and his actions then were more like a mad-man than any thing else—my husband was obliged to tell him he must return, for we could not be troubled with him any longer.
Cross-examined by MR. ATTORNEY-GENERAL. Q. Did he drink a good deal? A. I never saw him drunk, or approaching to is—I have seen him take a glass of wine and beer very frequently—he used to come to our house, and we were in the habit of seeing him, and when we were in London for three weeks he came to our house daily.
Q. Was he not a very bad husband? A. Why, they used to have little broils, I believe—I was not aware that he was a very good husband—I think not—I do not know—I believe he was not a good husband—on one occasion he sold the goods during his wife's absence for a few minutes—he used his wife very harshly and ill continually, during the time we were in Birmingham, and after we left I heard he still continued to do the same.
COURT. Q. Did you ever know him to be attended by any medical man? A. No.
CHARLES MARKLEW . I live in Birmingham, and am brother to Mrs. Oxford. I bad opportunities of observing the conduct of the prisoner's father—I had the care of the prisoner and his sister when they were young—the father came one morning to see them—he kissed both the children when he went out—he looked through the window, showed me a bottle, and before I could get out to him, he swallowed the contents of the bottle—I picked up the bottle, and I could tell by the smell that he had swallowed laudanum—the bottle was empty when I took it up—it was full before—I called him a fool for acting in that way—he was taken very ill—I desired he would try to throw it up off his stomach—he tried to do so, hut could not do it—I got him to bed, and informed his friends of it—a car was sent for, and I took him home to his lodging—after that Dr. Birt Davis was sent for to attend him—I always considered that he was in a mad state ever since I knew him.
Cross-examined by MR. SOLICITOR-GENERAL. Q. Pray, when he came and kissed the children, did he say any thing about the laudanum before he went out? A. Not a word—he took leave of the children—he had always been in the habit of ill-using his wife, and they were parted through that—he did not tell me what he was going to do, nor where he was going—he was not at all affected in taking leave of the children, he seemed sorry—I did not ask him where he was going—I asked him no questions whatever—he and his wife had been parted, perhaps two or three weeks then—he was a gold-chaser—he carried on that business at Birmingham some years, perhaps two or three years—I cannot say exactly—he came to live in London soon after—he never resided in Birmingham after that time—he came to visit the children—that is all—he stopped two or three hours—he did not sleep or live in the house.
COURT. Q. Did you live in London at this time? A. No, in Birmingham, but Oxford never visited Birmingham after he left.
DR. JOHN BIRT DAVIS . I am a physician, and reside at Birmingham—I am also a Magistrate of the county, and am Coroner for the Borough. I attended the husband of Mrs. Oxford on one occasion—he was labouring under symptoms of poisoning by laudanum—I may have seen him twice or thrice—I cannot tell which, but J believe I saw him twice—it was in 1824—sixteen years ago—I have no doubt I directed proper remedies to be administered to him—he recovered—I can hardly say whether I considered him in danger when I saw him—I do not recollect the estimate I took then of his exact danger—I have been practising as a physician from the year 1823—I do not think I had ever seen him before that occasion—I never saw him after—the two occasions on which I saw him did not afford me any sufficient opportunity of judging as to the state of his mind—I heard at that time of his odd conduct to his wife—representations were made to me of his conduct by others—I have been in Court during this trial.
Q. Have you formed any opinion of the sanity or insanity of the prisoner? A. I have formed an opinion.
Q. Supposing a person in the middle of the day, without any suggested motive, to fire a loaded pistol at Her Majesty, passing along the road in a carriage, to remain on the spot, to declare he was the person who did it—to take pains to have that known, and afterwards to enter freely into discussion, and answer any questions put to him on the subject, would you refer such conduct to a sound or unsound state of mind? A. If to that hypothesis were added what I deem a proof of hallucination—
COURT. Q. The question is, whether upon those facts alone you should judge a person to be insane? A. I should judge him to be insane upon those facts alone, but I should be stronger in that opinion if I was permitted—
Q. You mean to state, upon your oath, that if you heard those facts stated, you should conclude that the party must be mad? A. I do.
Q. Without making any other inquiry? A. Yes—taking this into consideration, the absence of motive, the absence of precaution, the deliberate owning, and the free discussion afterwards, of his own conduct, criminating himself in that way immediately afterwards, with the danger staring him in the face.
MR. BODKIN. Q. Suppose, in addition to those circumstances, it was shown, that just before the transaction, the party had written these papers which you have heard read, would that conduct strengthen, or otherwise,
the inference that you have already told us you draw? A. It would greatly strengthen the inference.
Cross-examined by SIR F. POLLOCK. Q. I collect from what you have said, that you have no distinct recollection of the remedies you prescribed to the prisoner's father? A. I have not—I have seen many cases of poisoning by opium—I should say a dozen cases, I cannot rely on my memory for the treatment of that particular case—I did not make any minute of the case—I was called in within a few hours after the laudanum was taken—I do not recollect the particulars of the case—it is mainly impressed upon my recollection by the fact of the man being a man of colour, and his residence.
Q. I collect from that, the only particulars you do recollect, are, that sixteen years ago you attended a man of colour, who had taken laudanum? A. That is about the sum of my recollection—I received the information that he had taken laudanum, from others—I cannot say whether he survived the effects of the laudanum by the assistance of any excitement or stimulant, or whether it was removed from his stomach by an emetic—I have no recollection of the particulars of his case.
Q. As a medical man, you are perfectly aware that a large dose of laudanum, may be taken without producing death, if a party is stimulated, and kept in motion by counteraction? A. The majority of such cases would recover, when properly treated, when treated in the usual way—he was drowsy—I am sure of that—I was not able to form any notion whatever of his state of mind.
Q. You have answered some hypothetical questions put by my learned friend opposite, (Mr. Bodkin) I beg to ask you whether you give that answer from your knowledge, as a physician, or from your experience as a Coroner, or as a Magistrate, or merely as a member of society? A. I answer as a physician—I think the circumstances which have been supposed, have, medically speaking, a tendency to prove insanity.
COURT. Q. We do not exactly understand what you mean when you say medically? A. If, as a physician, I was employed to ascertain whether an individual was sane or insane, in whom I found those facts, I should undoubtedly give my opinion that he was insane.
Q. As a physician, you think every crime that is plainly committed to be committed by a mad man? A. Nothing of the kind; but a crime committed under all the circumstances of the hypothesis.
Q. What are the circumstances in the crime itself, which you think show madness? A. The crime is committed in open day, it being obviously of great magnitude and danger; of great atrocity; it is committed without any precaution, without any looking out for the means of escape; it is afterwards spoken of openly, so far from concealing the criminating facts; facts which might afford a chance of escape; the existence of the balls is acknowledged, the free discussion of the circumstances, the absence of motive—by the free discussion, I mean a free respondence to the questions put to him immediately afterwards in the cell—the questions which Lord Uxbridge stated yesterday he did put—he said, on Lord Uxbridge entering the door, "I did it."
JOHN WRIGHT . I am a sergeant of (he police at Birmingham. I knew the prisoner's father when he resided there, about 1821—I was articled to him to learn the gold-chasing—I observed something strange and peculiar in his conduct—he was a man having wild and mad ways with him, and a
great brute to his wife—I have seen it in many instances—I have seen him strike her and plague her very much—as far as my opinion goes, I should think he was not right in his head half his time.
Cross-examined by MR. ATTORNEY-GENERAL. Q. Who articled you to him? A. It was an agreement between ourselves, drawn up by himself, and signed by both of us—I was about twenty-one years of age at that time—I was twenty-one the January following—my family and friends resided about seven miles from Birmingham—they knew of my being articled to him, and approved of it—I had known him about a fortnight before I was articled to him—I had a brother in Birmingham, who was a carpenter and joiner, and he introduced me to his company—he had known Oxford, and recommended me to become his apprentice, as I wanted to learn his trade, and it was a very good trade at that time—he was a very good workman, and very ingenious—I did not continue with him more than three months—I was turned over to a gentleman, named Carrington, who lived three or four doors from his house—Oxford neglected his work, and gambled, and drank a good deal—on one occasion he presented a gun at his wife when in the family way with the prisoner—I had been out shooting, and I presented Mrs. Oxford with some of the birds, and he took the gun up and presented it at her—I took it from him, and told him it was loaded, and she was very much frightened.
MR. SYDNEY TAYLOR . Q. You know that she was then pregnant with this boy? A. Yes; it was one who was called Edward afterwards—when I took the gun from him, and said it was loaded, he began to pull faces at her.
ROBERT MEDD . I reside in North Old-street, Birmingham. I became acquainted with the prisoner's father in 1817—I continued to know him from the time he came to Birmingham till the time of his marriage—that was not twelve months—he lived with me after his marriage—I was acquainted with him five years altogether, before and after his marriage—I had very often opportunities of noticing his conduct and demeanour—from what I saw of him I considered him to be in a very unbound state of mind.
Cross-examined by MR. SOLICITOR-GENERAL. Q. I think you said you knew him twelve months before his marriage? A. No, not a twelve month, he was a twelvemonth before he was married—I knew him five years altogether—part of that time he lived with me in my house—he boarded and lodged with me both before and after his marriage—he did not live with me long the first time, not a month—I should think it was four years before he came to me again—I knew him in the interval—he lived with me about a month the second time—his wife was along with him—he was working as a gold-chaser—he worked for different manufacturers—I considered him in a very unsound state—I never saw him tipsy in my life, that I know of—I gave him a key of the house to let himself in—the first time I ever recollect any thing was, he came home in the middle of the night, called us up, and said be found the door open—when we came down we found the things all about the house, two or three little things, a prayer-book, and a Bible, he had secreted, we could not find them—next morning he produced them, and began to laugh at us—another time he had been quarrelling with his wife, he came out of the shop, took a knife out of the drawer, threw himself on the floor, and began to pretend to cut his throat—the neighbours came in and got the knife from him—he was haggling away at his throat—I got hold of his hands,
and they tent for Dr. Stokes—he did not cut his throat—I did not give him a chance—I did not send for the doctor—the women can away foolishly—they were not aware he had not done it—we got the knife from him, and then he ran out of the shop, put his tongue out, and began to laugh and shout—I do not know of any other instance—he got a good deal of money, from 10l. to 20l. a week—I know what he got for his work was all brought into my house from different manufacturers—he frequently tried to frighten his wife and other persons by doing himself a mischief—I have heard a good deal about him—Dr. Stokes has been dead these five weeks.
COURT. Q. Did he come? A. Yes; and as soon as he came into the shop he began to laugh and shout at him, and he went away—he could very seldom settle himself to work unless he had got no money—when he had got money he was a complete madman—he could not keep it—I do not know which way he used to make away with it—he would give it to any body in a foolish way, or set lads to fight in the streets for it, or give it to any body in the shop to fight for it.
WILLIAM HENEY PATRIDGE . I am a surgeon, and live at Birmingham. I formerly knew Mrs. Oxford, the prisoner's mother—I attended her more than once for an injury on her head—I do not know that it was inflicted by her husband—I was told so—I only knew the state of the prisoner's father's mind from common report.
GEORGE SANDON . I am a tailor, and live at Birmingham. The prisoner was under my care about twelve months—he came to me in 1880, I believe—I did not know him previously, nor since—he was a very peculiar boy while with me, something more than the common order of boys are—he was subject to many rash tricks when; he was out—I considered by the singularity of his ways, he was not right in his mind, and that was the reason I sent him home to his friends.
Cross-examined by MR. SOLICITOR-GENERAL. Q. What rash tricks are you speaking of? A. When he was out with other children playing he would get nettles and beat them very severely, and make them blister on their arms, which is something more than common with children; and at other times he would get up to the room-window and throw things out—at other times he was very much addicted to laughing and crying, both at a time, and when I asked him why he did it he would say (in fact he would give me no straightforward answer) he would say he did not know, and would ran away from me, which I considered very singular in a boy of his age—he was about eight years of age when he came to me—I cannot say whether he had been educated when he came to me—he could read very little—I cannot say whether he could write—I never practised him—I have taught him to read a little—he improved a little, but he was more inclined to be wild and run about—he did not seem any way attached to be in the house—I used to ask him why he did it, and sometimes I would give him a box on the ear, and, instead of crying, he would make a very peculiar laugh—not being a child of my own, I did not like to be very harsh with him—I kept him about twelve months, and then sent him to his friends in Birmingham—I do not know that I ever hit him more than once or three times—it was merely boxing his ears—I never beat him in any other way—I never locked him up—when he was up stairs by himself he would throw things out of the window
—he was always up to some singular trick, always mischievous, more than other boys generally are.
BENJAMIN WALTERS . I live at Birmingham, and am agent for the Birmingham Brewery. I had the prisoner under my care in 1832, for about a year and a half, or a year and a quarter—his conduct was very bad while with me—I had a great deal of trouble with him the whole time—his conduct was very peculiar and different to that of other boys—I always found him very different to any boy I ever had to do with—I thought there must be something in him contrary to other boys—his behaviour was different.
Q. What impression did it make on you as to the state of his intellect and his understanding? A. He was quick at what was set him to do, when I could get him to set to it.
Q. What was your opinion as to the soundness or unsoundness of his understanding? A. I considered him unsound.
Cross-examined by MR. ATTORNEY-GENERAL. Q. He was with you as a schoolmaster? A. Yes—I had about 110 boys—it was a day-school—he learnt reading, writing, and cyphering with me—he was a quick lad—I believe he made considerable progress with me—he is a very good scholar in reading and writing—that he learnt of me—I had a good deal of trouble to get him to attend—he was a mischievous boy—he was rather idly inclined, and mischievous to the other boys—I have punished him for late attendance at school—he had a great distance to come—he would be there at eleven o'clock instead of nine—I was compelled to make complaints to his grandfather, who said he had better come to live with me, and he lived with me about two months—I punished him with the cane—I remember caning him once or twice—it was generally on the hand—he held out his hand, and I gave him a slap with the cane, as I did to other mischievous boys—I have punished him for mischievous tricks to other boys; and so it went on all the time he was with me.
CLARINDA POWELL . I now live at Islington—I formerly kept the King's Head public-house at Hounslow—I am the prisoner's aunt—he was in my employ two years—he has left me two years—he was under my observation daily during the two years he was with me—from my observation of his conduct and manner, I consider he was in an unsound state of mind from the time he came to live with me till he left.
Cross-examined by MR. SOLICITOR-GENERAL. Q. Was yours the first place of service that he had? A. The first—his duty was to be in the bar to draw spirits and beer—he went out with articles sometimes—he would have to receive the money, and account to me for it—there was no one in the bar besides him and myself—I had other servants to superintend the house, except the beer business, and my nephew managed that—I had been in business at Hounslow three years and a half before he came to me, during the life-time of my husband—I did not leave the house, when he left my service—I continued in it till the last twelve months—I have just left twelve months—there was no stoppage in the business about the time he left—he had to learn the business with me—he put the money into the till as it was taken—we had no book to keep—he sometimes received money for the articles he took out, not always—he went from me to Mr. Minton's, at the Shepherd and Flock—Mr. Minton did not make any application to me to know bow he conducted himself in business—he did not apply to me either verbally or by writing.
Q. What were the acts you refer to which induce you to say he was unsound? A. One night in particular he put out the lights, when the house was full of company, at ten o'clock—the hour of closing was twelve o'clock—there were five gas-lights burning—he could not account why he did so—we were likely to have a disturbance, all the company being in the dark—I was obliged, at the risk of my life, to come down stain, and he was then going on violently—I was obliged to come down to soothe him.
Q. Did he put them all out separately, or turn off the supply-pipe? A. Turned them off separately—I was ill in bed—I know he did not turn them off at the supply-pipe, because the cellar-door was locked, and the main was in the cellar—that is about four years ago within a week or two—he had been about twelve months, I think, in my service then—I have frequently seen him very absent—I have spoken to him three or four times, and he did not seem to know me, he seemed quite in a study—he read very much while he was at my house, generally sea voyages—that was the principal—he used to talk in a random way—I never asked why he left me—he left me of his own accord—he was treated with every kindness—he did not get into any scuffle at the time he left me—he was taken before a Magistrate, and fined—I paid the fine for him—that was six or seven days before he left me—I attended before the Magistrate—he was very ill-used by the party—it was me ought to have had them before the Magistrate—he had struck them with some violence—they dragged him down the yard by the hair of his head without any provocation.
MR. BODKIN. Q. Can you remember any expressions he used? A. He talked of becoming a great man—he used to talk of going to sea, and he should come to be very great, and things not very likely to take place.
JOSEPH DAY . I am a green-grocer, and live in Charlotte-street. In 1837 I was a corporal in the 2nd batallion of Grenadier Guards—I was quartered at Hounslow—I frequently went to Mrs. Powell's house there—I saw the prisoner there—I had opportunities of observing his conduct—it was my opinion that he was of an unsound state of mind.
Cross-examined by MR. SOLICITOR-GENERAL. Q. What part of his conduct brought you to that conclusion? A. When he had occasion to bring the beer to the tap-room, at times he would say, "That makes five, and that makes four," at the time there was only one unpaid, and he would lay hold of the servant girl, and behave very indecently, and take liberties with her—on the following morning, at ten o'clock, I left the house to call the roll of men, and I was brutally knocked down with a poker, and brought back—the following morning I was in conversation with Mrs. Powell, and the prisoner said, "Should you know the man if you saw him; was he short, thick, thin, or a tall man?" and ran over various things, his height, age, short, tall, or thin, and so on—he said nothing more about my knowing the man at that time—I thought he was unsound in that and other instances—I had occasion to go to the house again a week or a fortnight after, and he was still laughing and jeering, and making very curious remarks, and said, "I would rather be put to the mouth of a cannon-ball than be served as you was"—it was jeering me, and he seemed pleased at the injury I had received—I do not recollect any thing else.
MART ANN FOREMAN . I have been living at the White Horse public-house, Knightsbridge—I now live in Southampton-street. I was in service at the Shepherd and Flock public-house at the time the prisoner was there—Mr. Minton kept it—he has since left that house, and is somewhere
in Berkshire, I cannot say where—I was there about eighteen months while the prisoner was there—from ray observation of his conduct and behaviour during that time, I should say he was of an unsound state of mind.
Cross-examined by MR. ATTORNEY-GENERAL. Q. Was he barman during that eighteen months? A. Yes—I was barmaid—he came to take my situation, as I was going away, but Mr. Minton did not wish me to leave, and I staid—he served in the bar during that time, received money, and accounted for it to Mr. Minton—I do not know what wages he received—he slept in the house all the time—he went out very little—he was in middling health during that time, not very good—he had no doctor to attend him—he did not go to church on Sundays—we had no time for that—we could not get out—he went to Mr. Parr's after leaving Mr. Minton's—Mr. Minton gave him a good character—he was only full of his laughing and nonsense, and strange ways about him—he gave him a character to Mr. Parr as a person who would make a good barman, and a man that might be trusted—he thought he might be more steady.
MR. BODKIN. Q. What were his strange ways? A. Laughing and crying—if he made a mistake he would burst out crying, and if not, he would laugh—he seemed as if he hardly knew what he was about at the time—he merely put the money into the till—the head barman kept an account.
COURT. Q. There was a barman over him? A. Yes.
WILLIAM HAZLEWOOD . I was head barman at the Shepherd and Flock public-house when the prisoner was there—I have frequently observed his strange habit of laughing and crying—in my opinion, from the opportunities I have had of observing him, he was in an unsound state of mind.
Cross-examined by MR. SLICITOR-GENERAL. Q. He went from your house to Parr's? A. Yes—I believe he had a very excellent character given him by Mr. Minton—he was sharp at times in business—I spoke to him about his laughing and crying—he told me he could not help it, that he had been so from a child—sometimes he went away, and sat down in the kitchen, and cried, after I have spoken to him—he did not leave Mr. Minton's of his own accord, he left on my account—he and I had a dispute—he had been there twelve months—he left then, and I remained, and after I left the situation he came back again—there was about six or seven weeks between his quitting and returning—that was not during the six or seven weeks he was at Parr's—I believe he remained four or five months after coming back the second time—I was there during part of that time—I came back also—when he left the second time, Mr. Minton gave him warning—I cannot exactly say how long he remained after my return, a few days—I did not keep up my acquaintance with him at Mr. Parr's—I never went out—I had enough to do at home.
MR. SIDNEY TAYLOR . Q. Do you know why Mr. Minton gave him warning to leave? A. No, without it was the mistakes—he very frequently made mistakes—sometimes when he took change for any one he would give them a sixpence for a shilling, and sometimes he would draw beer instead of gin, and he used to be always making mistakes—I used to speak to him about it, and he used to be in his passion, and burst out laughing in my face, and then cry.
COURT. Q. Did the crying follow the laughing? A. Generally—he
would laugh first, and then burst out crying directly after—I never noticed whether his mouth was down on one side more than the other.
THOMAS PARR . I lived in Wilderness-row some time since—I now live at the Blandford Arms public-house. The prisoner came into my service from Mr. Minton—he remained with me nearly six months, until I left the house—from my observation of him while he was with me I considered him of sound mind, but he was subject to fits of laughter which at times were uncontroulable—I never saw him cry.
NEWMAN ROBINSON . I am the landlord of the Hog in the Pound public-house. The prisoner lived with me last April—he came on the 24th of January and left on the 1st of May—he gave me warning through a row, and he was always laughing—I reprimanded him for it—he kept laughing still—this laughing took place a good many times.
Q. Did you suffer any inconvenience in your business through his laughing in this way? A. The time he was with me was so short a time—some of the customers were offended by it.
Q. Did you form any opinion of the state of hit mind? A. No more than mischievous laughing and foolish things—if he let any thing fall or if I did, he would burst out laughing.
Cross-examined by SIR F. POLLOCK. Q. Did you ever scold him for that? A. Yes—he said he could not help it—he was very correct in his conduct in all other respects—when he took money, he had just to put it into the till.
COURT. Q. Did he keep any account? A. No.
JOHN TEDMAN . I am an inspector of police. I am acquainted with the prisoner—I first knew him as barman at Mr. Minton's, at the Shepherd and Flock public-house—he was under my observation altogether for eighteen months, or from that to two years—I frequented that house—it is immediately opposite the police-office—from my observation of him and his conduct I considered him of unsound mind.
Cross-examined by MR. ATTORNEY-GENERAL. Q. During the time was he entrusted to manage the business, to draw the beer and other articles which were wanted in the bar? A. Yes, to take money and wait upon the customers—he was not a private acquaintance of mine—I saw nothing of him only in the house.
COURT. Q. Upon what facts do you form your opinion? A. I have gone in of a morning and found him crying very much, with his hands before his face, and his apron before his face, with hit hands up—I saw that frequently—I have asked him what was the matter—he said, "Nothing, now, it is all over "—I asked him if any one had ill-used him—he said, "No"—at other times I have found him laughing very much—I have asked him why he was laughing—he said, the old women drank so much gin it would make any one laugh—I said, "There are no old women here now"—he said, "No, there is not"—he was by himself—on another occasion a gentleman came in and ordered some stout, and Mr. Minton requested the prisoner to bottle it—he got the bottles all upside down in the basket, and was putting the funnel and stout in at the wrong end of the bottle, the bottom end—that was about eleven o'clock in the morning—I asked what he did that for—he said it was a jolly good lark—he was filling the stout out of a can into the funnel—it ran all over the basket—there was no one with him—he was doing it without any one to look on—I think that is about two years ago—I told Mr. Minton he was acting
like an idiot about the place, and he had better send him away, and he did leave in a day or two afterwards—he was at times very violent in his temper, and at other times very quiet, and would scarcely speak to any person—I never particularly noticed that he was addicted to reading—I never saw him with a book.
Q. Did you ever hear him talk about great people? A. On one occasion I got Mr. Minton's children permission to see the Queen go to the House of Lords, from a lady who lives opposite—he complained to me and said, "Why did not you let me go?"—I said, "I did not know you wanted to go"—he said, "Oh yes, I did, I want to see the Queen particularly, and I am determined I will see her some how or other"—that is about eighteen months ago—it was when the Queen went to open the Parliament in 1839.
SUSANNAH PHELPS . I am the prisoner's sister. He lived in the same house with me in West-place at the time this circumstance occurred—there was constantly something extraordinary and strange in his conduct when living there—he was always firing pistols out of the window and in the yard at the back of the house, and pointing them at me—I do not know whether the pistols be pointed at me were loaded with ball or not—I never saw him load them—I never knew of any body being hurt by the pistols which he fired out of window.
COURT. Q. Did he fire into the street? A. No, out of the back window into the garden.
MR. SIDNEY TAYLOR . Q. Was this until very recently before the unhappy affair occurred, which he is on trial for? A. It began a day or two after he bought them—he brought his quarter's money, and a week over, from his last place—that was 5l.—he had 20l. a-year at the place he was in—I recollect his having a suit of mourning on the death of Mrs. Minton—I did not observe him keeping company with any persons when at our place, except John Linton, who was examined yesterday—I saw no one coming to see him, and he never received any letter—from what I observed of his conduct in West-place, it was my opinion, and every body's else, that he was not right in his mind—he once held a pistol at my head as I lay in bed.
Cross-examined by MR. SOLICITOR-GENERAL. Q. During the time he was in West-place, had he one pair of pistols or two? A. One—I only saw one pair—he read a good deal—he used to have books from the library—once he read the "Black Pirate," and "Jack Sheppard," and "Oliver Twist"—I do not know whether he read voyages and travels—he staid at home a good deal—he very seldom went out—I knew of his going to the Shooting-gallery—on the day he fired in the Park, he left home with the intent of going to the Shooting-gallery—he left home about ten minutes after three o'clock that day—he told me he was going to the Shooting-gallery, and to buy some linen for me to make him some shirts; and he told me he would bring some tea home from Twining's in the Strand—I do not know how lately he had been at the Shooting-gallery—it was on the Monday before that he fired at the house—Linton was not much with him at our house—he frequently went to Linton's—he used to spend most of his evenings there—I do not know of his paying his addresses to any young lady—I heard so from him when he was a little boy, but not lately—I never heard him mention any young lady he was visiting.
MR. BODKIN. Q. What was that when he was a little boy? A. He
was very little then—that could not be of any consequence—him and Johnny Linton used to write letters to a girl in the neighbourhood—that is three years ago.
COURT. Q. Did he sit in his room and write at all? A. Sometimes he used to be copying out of the New Testament—nothing else that I know of—I do not know what parts of the New Testament he used to copy—I never interfered with him, as he would fly into a violent rage when I spoke—he sat at one of the tables in the sitting-room—in the same room with me—I have seen him reading the books I have mentioned—I fetched them from the library for him—the "Pilot" was one—I cannot recollect any more—I never heard him talk about "Young England," nor of any society that he belonged to, or said he belonged to.
EMILY CHITTENDEN . I was nursery-maid at the Hog-in-the-Pound for three months, at the time the prisoner was there—his contact was very strange at times—I considered him in a sound state of sometimes very eccentric—Mrs. Robinson fell down stairs once, she did not hurt herself particularly, I believe, only by the fright, the prisoner was in the bar at the time, and he laughed very much indeed at it—I have noticed him laugh occasionally at other times—there was something peculiar in it, because there was sometimes nothing to be laughed at—I never saw him cry—I have not heard him talk of himself in any particular strange manner—I have not heard him say any thing about being King—I have received a letter from him since he left that house—it is destroyed—I remember how it was addressed to me—I cannot say how long ago it is, but as far as I can recollect, it was at the latter end of May in the present year—it was before I heard of his being taken up—as far as I can recollect, it was addressed—
"Fly postman, with this letter-bound
To a public-house, the Hog-in-the Pound.
To Miss Chittenden there convey,
With speedility obey.
Rememember, my blade,
The postage is paid." to this was added the No. of the house, and name of the street—it reached me by the post.
CHRISTOPHER DAY . I am assistant to Mr. Carbery, a tailor, at Charing-cross. I was in the Green-park on the evening the prisoner is charged with having discharged the pistols at the Queen—I saw the Queen's carriage—I did not see it leave Buckingham-palace—I first saw it after the first pistol was fired—I was, I suppose, sixty or seventy yards from the carriage at that time—the report of the first pistol attracted my attention to it—I saw the second pistol fired—I should say I had advanced about three paces when the second pistol was fired—I was about sixty or seventy yards from the carriage then—I could see how the pistol was directed—the prisoner's arm was on a level, I should say, with the top of the carriage, upwards—his arm was as high as the carriage—I should say that pistol was fired rather up Constitution-hill.
COURT. Q. How far was he from the carriage when you say his arm was in that position? A. About five yards from the carriage—he was behind the carriage at that time—the carriage was about five yards in advance.
coming through the Park on the day the Queen was fired at—I did not see either of the shots fired, nor did I hear them distinctly—I heard a noise, but not distinctly—I dare say I was 100 yards off at the time—I was coming down Constitution-hill—after hearing the noise, I proceeded on to where the carriage was—I looked at the garden-wall of the palace—it was pointed out to me by a gentleman on horse-back, about the spot where he thought the balls bad struck the wall—I observed a mark there—in my judgment it was not a mark which had been made by a ball.
Cross-examined by MR. ATTORNEY-GENERAL. Q. Did you see one mark or two? A. Two marks—three I saw, one lower down still—two of them seemed to have been recently made.
MR. BODKIN. Q. How far were those two apart from one another? A. They might be two yards and a half or three yards apart.
COURT. Q. You did not see one fourteen yards off? A. Yes—I saw one at some distance—I saw three marks—I think the one fourteen yards off was also recent—it seemed to be quite newly done—it might be by a scraping with a stick by any body who was loitering about.
DR. HODGKIN. I have been a physician about fourteen years—I have been lecturer on morbid anatomy, and have written some works: lectures on pathological anatomy, and lectures on the promotion of health.
Q. Upon all the circumstances of hereditary insanity in the family, supposing a crime is committed without a motive, that the party committing the crime is subject in consequence of that crime (if brought home to him) to lose his life, and that on the commission of that crime, instead of attempting to escape from justice, he delivers himself up to the law and seems reckless of the consequences, are you as a medical man prepared to say whether those circumstances taken together in the commission of the crime, indicate a sane or unsound state of mind in the criminal? A. By themselves I should consider they were circumstances of strong suspicion, but other facts should be sought before one could be warranted in giving a positive opinion—those would be facts leading to a strong suspicion that the party was insane—if it should also appear that there was a previous delusion, that would certainly strengthen the case—supposing there was inherent insanity in the family, my opinion, grounded on cases which have occurred, would be strengthened that the individual was insane—striking cases are on record.
COURT. Q. Do you say that all insanity is hereditary? A. No, I have not said so.
MR. SIDNEY TAYLOR . Q. Are there instances on record of persons becoming suddenly insane, whose conduct has been previously only eccentric? A. Certainly there are—supposing, in addition, that there was previous delusion in the mind, my opinion would be that he was unsound—such a form of insanity exists and is recognised.
Cross-examined by MR. SIR FREDERICK POLLOCK. Q. What form of insanity do you call it? A. Lesion of the will, it has been called by Le Mare, insanity connected with the development of the will—I should not consider a headstrong person to be under such an influence—I mention lesion of the will, as a term under which a highly reputed writer on insanity has chosen to designate a form of insanity, in which sometimes flagitious acts, sometimes only eccentric acts, are committed—it means more than a loss of control over the conduct—it means morbid propensity—moral irregularity is the result of that disease—I suppose in some instances there are
other indications of the disease—I do not know that there are not—I should think it most likely there would be, if the individual was sufficiently watched—that is a fair conjecture; but the case not coming under my own observation, it is impossible I can give an answer—I have had cases under my observation, in which I suppose this form of insanity existed, one case in particular, that person was in perfect health—I do not think I ever met with a case where the only apparent symptom was moral irregularity, where I had no medical indication of physical disease—I think that, committing a crime without any apparent motive, is an indication of insanity—doing any thing of any sort, without any motive, is not an indication of unsoundness of mind in every instance.
MR. SIDNEY TAYLOR . Q. Do you not make a difference when a man has to suffer the penalty of death for the act? A. Certainly—the species of insanity which Dr. Le Mark calls lesion of the will is a well-recognised species of insanity.
COURT. Q. Do you conceive that this is realty a medical question at all which has been put to you? A. I do—I think medical men have more means of forming an opinion on that subject than other persons—I am supported in that opinion by writers on the subject, by Lours, and by Le Mark, who I have alluded to, who is a particularly eminent writer—my reason for thinking so is, because it is so stated by those writers.
Q. Why could not any person form an opinion whether a person was sane or insane from the circumstances which have been referred to? A. Because it seems to require a careful comparison of particular cases, more likely to be looked to by medical men, who are especially experienced in cases of unsoundness of mind.
Q. What it the limit of responsibility a-medical man would draw? A. That is a very difficult point—it is scarcely a medical question—I should not be able to draw the line where soundness ends and unsoundness begins—it is very difficult to draw the line between eccentricity and insanity.
JOHN CONOLLY . Esq., M.D. I am physician to the Hanwell Lunatic Asylum. I have 850 patients under my care—I have had some experience in the treatment of disorders of the mind—I have seen and conversed with the prisoner—in my opinion he is of unsound mind.
Cross-examined by MR. ATTORNEY-GENERAL. Q. When did you see him? A. The day before yesterday, for the first time—I saw him on that occasion, and I have been in Court the whole of yesterday and this morning—I never saw him in private more than once—that interview lasted perhaps half an hour—a person who is unsound need not, in all cases, be under the care of some person—it depends on the character of the insanity—there may be individuals who may be at large, and associate with others, and still be of unsound mind.
Q. Do you consider there is any danger in the unsoundness you have discovered in the prisoner? A. Certainly I do—Dr. Chowne, Mr. Clark, and a gentleman who I am informed is Mr. Maule, the solicitor of the Treasury, were with me when I examined him—he did not exhibit any violence—he replied willingly to the questions I put to him, but his answers were very unsatisfactory—he seemed to have a very indistinct impression of the circumstances—he knew he was to be tried—when I spoke to him of his trial, wishing to see what impression it made upon him, on two occasions he said, "What trial, when?" and subsequently
he seemed to know the trial was about to take place the next day, and what it was—I asked him if he was not conscious that he had committed a great offence in shooting at such a young and interesting person as the Queen—he said, "Oh, I might as well shoot at her as any body else"—I did not take notes of the conversation—it was so short an interview, and so few questions were put, it seemed to me unnecessary—I went there with the view of being a witness on the trial if required.
Q. Tell me any answer that was unsatisfactory? A. Without recollecting the whole conversation, I cannot pretend to do so—I am unable to recollect—when I asked him if he was not attached to his mother and relatives, and whether he did not think it would very much distress them that he should be brought to trial, and condemned, his reply was, "Yes," he was attached to them—when I asked whether he thought it would affect them or distress them, he said he did not know—when I said he might possibly be condemned, he said he did not know—he answered indifferently—I do not remember any other question, the answer to which was unsatisfactory, not so distinctly as to take on myself to repeat it.
Q. How long before had you notice that you were going to see Oxford with a view to ascertain his state of mind? A. On the evening before—I made some notes when I got home of my observation of him, of the general result of the impressions of my mind, not of the questions I put or the answers I received—I did not ask him to do me a sum in arithmetic.
MR. BDKIN. Q. Are these the notes you refer to? (producing them) A. Yes—they were not made on the same day—I examined the prisoner's head—it appeared to me that the formation of the anterior part of the head would indicate an imperfect development of a certain portion of the brain—I frequently find that form of head in insane persons—there are many persons of that form of head who are not insane—my notes were written as soon afterwards as I could possibly write them—they are very brief—they were not made with any intention of being read.—(Reads.)—"A deficient understanding; shape of the anterior part of the head, that which is generally seen when there has been some disease of the brain in the early period of life—an occasional appearance of acuteness, but a total inability to reason—a singular insensibility as regards the affections—an apparent incapacity to comprehend moral obligations, to distinguish right from wrong—an absolute insensibility to the heinousness of his offence, and to the peril of his situation—a total indifference to the issue of the trial; acquittal will give him no particular pleasure, and he seems unable to comprehend the alternative of his condemnation and execution; his offence, like that of other imbeciles who set fire to buildings, &c, without motive, except a vague pleasure in mischief—appears unable to conceive any thing of future responsibility."
COURT. Q. Of course in that conversation you had with him you were watching his manner as well as what he said? A. Certainly—my judgment is formed in part by his manner, as well as by what he said.
Q. Did you try to ascertain whether he was acting a part with you or not? A. I tried to ascertain it as well as I possibly could—my judgment is formed upon all the circumstances together.
DR. CHOWNE. I am a physician of Charing-cross-hospital. I have been a physician twelve or thirteen years—I am lecturer in that hospital on medical jurisprudence.
Q. If you heard of a person committing a crime without the ordinary inducements to crime, either revenge or interest, and that crime exposes him to loss of life, and he seems reckless of consequences, and delivers himself into the hands of justice, and appears wholly exempt from any thing like consciousness of responsibility for the act, what opinion should you form of that state of mind? A. I should consider it an exceedingly strong indication of his being in an unsound state of mind—a propensity to commit acts without an apparent or adequate motive under such circumstances is recognized as a particular species of insanity, called in medical jurisprudence, lesion of the will—I do not know a better term—it is an old term—it has been called moral insanity; may I be allowed to give you an example? It is by no means an uncommon thing for me to have patients who complain to me that they are impelled with a strong disposition to commit suicide, of the madness of which act there can be no doubt, and yet there is no one symptom about those people indicating mental disease; there may be a slight degree of general indisposition, but no symptoms at all of any mental irregularity: these patients will say, "I have nothing to complain of, I have no unhappy news, I have no disappointment, I have no unsatisfied wish; my husband (if the case be so) is kind to me, I have nothing at all to impel me to the act but a strong impulse"—I have been asked to prescribe for such cases, not in one sex only, but both in men and women.
Q. Now, in that sort of mental disease, is it quite consistent with the person performing the functions of life and the duties of life with accuracy? A. There is no doubt of it; they can perform the duties of life with accuracy; I do not say with the same facility—I saw the prisoner in Newgate the day before yesterday, by permission of the Secretary of State, in company with Dr. Conolly, Mr. Clark, and Mr. Maule—I had some conversation with him.
Q. Now, from the conversation you had with him, and the opportunity you had of observing him, what is your opinion as to the state of his mind? A. I should consider his state of mind is essentially unsound; there seems a mixture of insanity with imbecility—I regard the incapacity of controlling laughing and crying, as proofs of imbecility, not as positive proofs in themselves, but as assisting to form my opinion.
Cross-examined by MR. SOLICITOR-GENERAL. Q. This propensity to suicide in the patients you speak of, were they persons performing all the duties of social life? A. They were persons proceeding with their duties of life, and in all their ordinary avocations—despondency of mind is very often connected with disorders of the stomach, but it very often happens that the physical cause has not been obvious, and has not developed itself at all; it is not at all necessary that the physical cause should be obvious—in such cases, I prescribed for disease in the stomach; I found those remedies did operate on the mind—laughing and crying without control is connected with hysteria, and also with imbecility—generally, when connected with hysteria, it is associated with the sensations, there must be fainting and globus hystericus, which arises in the throat—the questions put to the prisoner were not numerous; some were put by one gentleman, and some by another; I endeavoured to impress upon him that he was labouring under error when he considered it was incapable of being proved there were balls in the pistols; I assured him, in a manner I thought most likely to make him believe, there really were;
that the fact of there being balls in the pistols would be proved against him; that his responsibility was a terrible one, and in all likelihood it would end in capital punishment, and if he knew whether that was decapitation—he said he had been decapitated in fact a week before, for he had a cast taken of his head—I endeavoured to make him understand it would be proved that there were balls in the pistols—I knew he had the impression that it could not be proved, from questions asked by myself—I cannot tell what he had said to induce me to form that opinion, but something was said to that effect by him—I concluded, from something he said, that he entertained that opinion—he insisted that there were no balls there—the fact did not occur to me before—I do not remember his words, but the remark was to the effect that it was impossible—the question as to whether he was not concerned about his mother he treated with indifference, and seemed to be totally destitute of feeling, apprehension, or thought on the subject—during the whole time I was struck with a very peculiar manner—he was not an instant (though I believe it is partly habit) that he was not playing with a pencil and a piece of Indian-rubber, with which I found him drawing—when we went into the room he was quietly drawing, with a pencil on a piece of paper, something like a landscape—during the whole conversation he was leaning with his head on one hand, with the other flapping about with a piece of Indian-rubber, sometimes clapping one pencil against another; in fact, a manner entirely without acute feeling or acute consciousness; and in order to ascertain how fax what I would call dullness of manner, that peculiar manner, might indicate idiotcy even, I desired him to get up and walk; and if I had supposed that he was acting when he was clapping the Indian-rubber about, that idea would entirely have been done away with by the manner in which he walked across the room, which he did with a great deal of lightness, liveliness, briskness, and smartness, not at all as if endeavouring to put on a peculiar manner—it occurred to me that it was perfectly natural, not as if he was acting or making the least pretence—the interview lasted, perhaps, about three quarters of an hour—I did not make any note of the conversation, neither at the time or after.
COURT. Q. Would it not have been wise to note the time of going and coming away? A. Perhaps it would, but I did not use that precaution—Mr. Maule was present during part of the examination, not during the whole—he came in during the latter part—I was in Court all yesterday.
Q. Did you form any opinion at all from the prisoner's manner during the trial? A. I did—I considered that manner was a continuation of the same kind of manner, but under some restraint here—I have no observation to make as to the form of the head—I also subjected the prisoner to what is called the arithmetical test—I infer nothing from it—I merely mention it because it did occur—he was pretty ready in casting up, but not ready in subtraction—I am not quite certain whether at the moment he was giving his attention to it; indeed I consider it is a fallacious test.
JAMES FERNANDEE CLARKE . I am a practising surgeon, and have been so between three and four years. I am surgeon to the Dorcas Charity, and Honorary Secretary to the Westminster Medical Society—I have had some experience in the treatment of insane persons, such as usually falls to the lot of the general practitioner, perhaps a little more, for having been so short a time in practice—I have been in the habit of attending the family of the prisoner—I have known him nearly two years
—I accompanied Dr. Conolly and Dr. Chowne, in their visit to him, the day before yesterday—I have formed an opinion as to the state of his mind; not from that alone, but from other circumstances which I had had personal opportunity of seeing.
Q. What is the opinion you have formed as to the state of his mind? A. That it is decidedly that of imbecility—I consider it more imbecility than any thing—I do not like giving definitions—in my judgment he is decidedly of unsound mind—during the time I have been attending his mother and sister occasionally I have had opportunities of seeing the prisoner, and his mother has frequently mentioned to me that she thought there was something exceedingly peculiar about him, and asked what I thought—the chief thing that struck me was the laughing, which has been so much dwelt upon, the involuntary kind of laughing—with what perhaps we might call a kind of general hysterical tendency in him—he did not seem to me to have that sufficient control over the emotions which we generally find in sane individuals.
Q. Did you notice, at any time, any other symptom that is usually connected with hysteria? A. My interviews with him were not prolonged, and my attention was attracted to him chiefly by the desire of his mother, who said she was afraid he was getting in the way that his father was—I did not know his father—I put one or two questions to him, when I saw him in Newgate—I heard questions put by the other medical men as well, and the answers which he gave—I watched his manner during the interview.
Q. Did it appear to you to correspond with his manner on former occasions on which you had seen him, or to differ? A. Much the tame character—great insensibility to all the impressions which were attempted to be made upon him—on one occasion some time ago my attention was more particularly directed to him, from a circumstance which this occurrence has brought very strongly to my recollection; I think it is about five months since I was on a visit at his mother's house; I called in my rounds to see her; she was very poorly at the time; if I recollect right, he was sitting at the fire reading a book; he took no notice of me when I entered, and seemed to be absorbed in what he was reading; his mother made some observation to him; such as, "How rude you are;" "Why not take notice of Mr. Clarke?" "Why sit there and behave in this kind of way?" He did not seem to notice the observation of his mother at all; he seemed still to be absorbed in the book; she put the question to him again, and there was still the same apparent reverie; and when she touched him, to put him in mind that some one was there, he jumped up in a fury; such as at the moment alarmed me, and swore that he would "stick her," I think was the expression he made use of; but certainly it was such an expression that at the moment I drew back, thinking he meditated some violence. After this transaction bad occurred, the mother called on me in great trouble, and made a communication to me, upon which I wished to see the prisoner, accompanying that with some opinion of my own, which I had formed. I did not see the prisoner until the day before yesterday, when the permission of the Secretary of State was obtained—I had made application at the Home Office on the Monday.
Q. In cases of hereditary insanity, is there any particular period of life at which medical writers consider it likely to break out, to appear? A. In that kind of insanity particularly, which is connected with acts of violence,
Escoreaux says, in several cases which bear great analogy to the one which we might suppose to exist at present—in six of those cases I think that three of them took place at the age of puberty, between the ages perhaps of fourteen and twenty.
Cross-examined by MR. SIR FREDERICKK POLLOCK. Q. You say you have attended the family for some time? A. Yes—I live in Princes-street, Leicester-square—that is perhaps a mile and a half from where Mrs. Oxford and the prisoner lived, but they did not live there during the whole time I attended them—Mrs. Oxford has lived in Commercial-road within the last month—I never prescribed for the prisoner—I did not recommend any course of treatment—I considered that the disease was mental, one of those weak minds which, under little excitement, might become overthrown—I did not alarm the mother, for she is an exceedingly nervous woman—I recommended no course of conduct, diet, or treatment whatever.
Q. In short, I am to understand that you never gave any advice on the subject, of any kind whatever to his mother? A. Simply in conversation, I gave my opinion rather as to his state than any advice, nothing further—I never gave any advice, I was never asked my advice.
Q. Where did you meet the medical gentlemen when they went to New-gate? A. We came together from Dr. Chowne's, I think, but I forget at this moment—we assembled somewhere, and went together—I communicated with the medical gentlemen before they saw the prisoner, and stated what my notion was about him, to assist them in their investigation—I was present when he was brought into this Court last Sessions, and heard some affidavits read to postpone the trial—I was not asked to make any affidavit at that time—I was subpoenaed here, and was actually in Court.
MR. BODKIN. Q. Was you asked to prescribe for him by his mother? A. No, my visits were to her and to the sister—I am not aware of any medical treatment likely to be useful in cases of hereditary insanity—I was told he lived a regular life, no intemperance, no late hours—perhaps twelve o'clock—his bodily health appeared good.
NOT GUILTY, being Insane To be detained during Her Majesty's pleasure.
NEW COURT.—Thursday, July 9th, 1840.
Sixth Jury, before Mr. Sergeant Arabin.
1878. JOHN WALL was indicted for breaking and entering the dwelling house of James Gorham, on the 4th of July, at St. Mary Abbott, Kensington, and stealing therein, 1 watch, value 2l. the goods of the said James Gorham; to which he pleaded
GUILTY . Aged 49.— Transported for Ten Years.
GUILTY .— Confined Six Months.
take a shawl, which hung inside the door—she put it into her apron—I went in and told the parties—I saw her taken directly with it.
WILLIAM HENRY BAYFIELD . I live with Mr. William Goodburn, a pawnbroker, in Upper-street, Islington. Cooper came and told me—I went out, and stopped the prisoner about three doors from the shop, with this shawl, which is my master's.
Prisoner's Defence. I was passing, the shawl was on the ground, and I picked it up.
GUILTY . Aged 14— Confined Three Months.
SUSANNAH BISHOP . I live with my aunt at Hampton, in Middlesex—she lives opposite the prosecutor. On the 25th of June, about a quarter-past four o'clock in the afternoon, I was standing at the window, and saw the prisoner enter the house, and go up stairs—I did not see any more—I told my aunt—I did not see him come out, nor see him again till he was in custody in a quarter of an hour—I know him to be the same person—I am sure of it.
Cross-examined by MR. BALLANTINE. Q. This is at Hampton-wick? A. Yes—I live opposite the Bird-in-Hand public-house, where the prosecutor lives—it stands between two roads—there is eight or nine yards distance between our house and the prosecutor's—I saw no one else.
WILLIAM PIGRUM . I am a shoemaker, and live at Hampton-wick. I heard the alarm given—a little girl spoke to me—I saw the prisoner go from the prosecutor's house—I ran after him—he ran away, and ran down a passage where there was no thoroughfare—I saw him lean his hands over some pales as if to jump over—I ran down—he turned back—I seized him, and said, "Give me those things"—he gave me from his hand three spoons, a pair of tongs, and a brooch—he got from me—I made an alarm, and he was stopped—I took him into my shop, and found on him 8s. 4d., a drop-key, another key, and a brooch, and then he was taken to the station-house.
Cross-examined. Q. I believe he made no resistance? A. Yes, he did, he got away.
WILLIAM GEORGE WORFALL (police-sergeant V 23.) I was on duty at Kingston when the prisoner was brought in—I received these things from Pigrum, and marked them—I understood that the prisoner had thrown something away, and sent an officer to make search.
THOMAS BARNES (police-sergeant F 26.) I was sent by Worrall, as a person said the prisoner had thrown something away—I went, and received these two screw-drivers from a man named Duncan, and one shilling from another man.
MARY ATKINS . I am the wife of James Atkins, we live at this house. These spoons and tongs are mine—they were in my bed-room on the first floor—on the 25th of June I was not at home—I left them safe when I went out—the bed was pulled off—two boxes were opened—one was broken open—there was nothing taken out of that box, but these things were taken out of the one that was not broken.
Cross-examined. Q. When did you see these spoons? A. In the morning
before I went to Hampton races—no other things were missing but those named in the indictment.
GUILTY . Aged 23.— Transported for Seven Years.
JAMES COLLINS . I am a milk-carrier. On the 2nd of July, at half-past twelve o'clock at night, I met the prisoner—I never saw her before, but a young man I was with, was acquainted with her—we went to a public-house, and in the end I went home with her to No. 111, Saffron-hill—we went to bed together—I had two sovereigns and a half-crown—I put the half-crown on the mantel-piece, and the two sovereigns were in the fob of my trowsers—I had not been in bed above twenty minutes, when I heard something move—the prisoner was in bed with me then—I afterwards beard a speaking at the door—when I heard that, the prisoner was not in bed—she went out to the door—I was tired, and went to sleep—I awoke about four o'clock, and found the prisoner gone, and the door unfastened, which I had fastened the night before—I saw her in custody about six o'clock.
JOHN JAMES BARNARD (police-constable G 110.) I had heard of this—I watched about the premises, and the prisoner came home between five and six o'clock that morning—the prosecutor had described her to me—I detained her at the door till I saw the prosecutor coming up Saffron-hill—I asked if she knew him—she said, yes—I took this handkerchief from her hand with three half-crowns and one shilling, and some halfpence—I said I took her for robbing him of two sovereigns—she said it was the first time, and she would not have had it happen for 500l., and she should never forget it, as it was on her birth-day.
EDWARD PORTER . I keep a coffee-shop. Last Thursday the prisoner came two or three minutes after four o'clock in the morning, with two females and a young man—they ordered coffee, eggs, bacon, and bread—the prisoner paid me a sovereign, and there was one remaining in a handkerchief in her hand—I gave her six half-crowns, two shillings, and one sixpence change—she took the other sovereign away with her—she left in about twenty or twenty-five minutes.
Prisoner. It was another young woman that changed a sovereign, not me, I never had a sovereign in my hand. Witness. It was you.
Prisoner's Defence. I never had the man's money, he said he had but half-a-crown in the world, which he laid on the mantel-piece, and would not give it me, that was the reason I got up—I never had his money.
GUILTY . Aged 21.— Transported for Seven Years.
THOMAS BRADLEY . I am porter to John Knowles and Co.—there are other persons in the firm—they are silk brokers. I went on the 4th of July to clear some bales of silk at the warehouse, No. 3, London Docks—there were fourteen bales put in a van, and the remainder in a cart—the van was to take the silk home to 26, Throgmorton-street—while I was loading the other cart with the remainder, the van that had the fourteen bales drew away—the prisoner drove it—I had ordered the van, and he came down with it—he is servant to Mary Vesters, who is a town carrier—when I had nearly loaded my cart, the prisoner was brought up to me
by a policeman, who said there was a bag of coffee found on the van, and he believed my bales had been plundered—I saw the silk taken out of his nose bag up at the gate of the dock—it was in the nose-bag of his horses belonging to the van—he was not present at that time—one of the bales had been torn open at one end, and one at the side, and they were deficient in weight—I have the dock weight, which was put down in weighing them, and I kept a strict look out after the van till we got home—I was with it all the time—I never for a moment had my eye off it, and when we got home we took the bales out, and weighed them separately—one was one pound short, and the other was two pounds short.
Cross-examined by MR. BALLANTINE. Q. This is a common carrier's cart? A. Yes—it could be hired by any body—I did not see any other person driving the van besides the prisoner, till after he was taken away—then the foreman of the docks drove it—I saw no person with it when he came down with it—none of the bales were missing, there were only two that had a hole in them—I cannot say that what ripping I saw in these two was not there before they were put in.
COURT. Q. You have told us that they were ripped open? A. There were holes in them—by being ripped, I mean having tears in them—I did not see them put in at the warehouse—those two were marked "R S 835" and "RS 870."
JOSEPH OLNEY . I work at the silk floor of the London Docks, No. 3 warehouse—I delivered fourteen bales to Vester's van—I saw them out of the loop-hole into the van—I believe they were all sound and good, and there was no rip in them to my knowledge—if there had been a little rent in a bag, the silk would not have moved out by itself—it must have been drawn out—the skeins of silk are tied in bundles—I was not aware that they were plundered till the Monday morning—I did not see them after that—one of them weighed when they were put in 1cwt 3qr. 23lbs.—the other 1cwt. 3qr. 241bs.—one was numbered "R S 835," and the other "R S 870."
HENRY RODWELL . I am a silk broker, and am one of the firm of John Knowles and others. We sent our porter down for this silk—about five o'clock 1 beard that the cart had arrived—I know the quality of silk—this is the silk found in the nose-bag—(looking at it)—it is the same sort of silk as that in the bales.
THOMAS FORK (police-constable H 57.) I had occasion to search the prisoner's van on account of finding a bag of coffee, and concealed under some straw in the van I found a horse's nose bag with a cloth over it—I took, it out and found seven skeins of silk at the bottom of the nose bag, and a cloth stuffed over it—this silk could not have got out of the bales and got into the nose bag by itself—the prisoner was the driver of the van and had the care of it—I asked him, and he said he was the driver.
Cross-examined. Q. How many other persons were there about? A. A great number about the docks—I did not see another cart belonging to the same person.
GUILTY . Aged 22. Transported for Seven Years.
(There was another indictment against the prisoner.)
1884. CAROLINE STOREY was indicted for stealing, on the 29th of May, 9 yards of bombazine, value 12s.; 4 jackets, value 16s.; 1 pair of trowsers, value 5s.; 1 pair of breeches, value 5s.; 1 pair of boots, value 2s. 18 pairs of shoes, value 1l. 5s.; 1 sheet, value 2s.; 1 blanket, value
3s.; and 2 pillows, value 5s.; the goods of Nicholas Crowder; and that she had been before convicted of felony.
ELIZABETH ANN CROWDER . I am the wife of Nicholas Crowder, and let ready-furnished lodgings, on Great Saffron hill. The prisoner occupied a room there for seven weeks—in consequence of suspicion, on the 29th of May, I went into her room, and found the things were gone, and discovered some of the tickets—some of the property is lost altogether—she paid 4s. a week.
JOHN FLAHERTY . I am a pawnbroker. I have three jackets, a sheet, a flat iron, and blanket—I cannot swear who pawned them—whether it was a man or woman—they are in the name of Smith—these are the counter duplicates of the articles.
(Property produced and sworn to.)
Prisoner's Defence. I had some tickets to mind for a young person. I neither stole the property or pawned them. I was not aware that the property was the prosecutor's.
GUILTY . Aged 22.— Transported for Fourteen Years.
(There was another indictment against the prisoner.)
WILLIAM BAIN . I am a seaman on board the ship Susan, which was in the East India Dock, which is a port of entry and discharge. The prosecutor is a sailor on board—I saw the prisoner in the forecastle, at the prosecutor's chest, between three and five o'clock in the afternoon of the 7th of July—he did not belong to that vessel, and bad no right there—I was close to the hatchway—I heard the prisoner break it open, which made me look down—I saw a pocket-book and something else in his hand—I called to him, and he went on the scuttle—I asked what he wanted there—he made no reply—on his coming up I asked what he had done with the pocket-book—I ran to call the lumpers from the hold, he tried to make his escape, and fell over on our fender—he was taken at last—the chest was broken open with a marline-spike.
THOMAS MURRAY (police-constable H 134.) I took the prisoner about five o'clock in the afternoon of the 7th of July, and charged him with breaking the chest open, and having this pocket-book in his hand, which the mate delivered to me.
o'clock in the evening of the 7th of July, I examined the cheat—I saw a mark on it, and part of the lock had been wrenched off.
Prisoner's Defence. I went on board to see my shipmate. I sat down, and the witness asked me what I was doing in that chest: he came down, and took this pocket-book out of a chest, and said I had it, and I had not touched it.
GUILTY . Aged 22.— Confined Six Months.
1886. HENRY WILLIAM WOODWARD was indicted for embezzling, on the 4th of July, 59l. 1s., the monies of Henry Cliff; and ANTHONY RYAN for feloniously receiving, harbouring, and maintaining him, knowing him to have committed the said felony; to which
WOODWARD pleaded GUILTY .
RYAN pleaded GUILTY .
Confined Six Months.
GUILTY .— Transported for Seven Years.—Convicts.
THOMAS WALTER VINE . I am a builder. The prisoner carted bricks for me—on the 29th of June, I was at my buildings about ten o'clock in the morning—I told the prisoner to go to the field, and cart 2000 stock bricks—another carman went with him—I waited there three quarters of an hour—the prisoner came in with a lead of bats, which had nothing to do with the order I gave him—the other carman brought in 500 stock bricks—he unloaded to go to fetch the others, as I supposed—I returned about six o'clock in the evening, and while I was standing I observed the prisoner going along the Kingsland-road with a load of bricks—I had previously ascertained that he had only delivered one load of bricks on my premises—a thought struck me that something wrong was going on—I want to the field to ascertain how many bricks he had drawn—the kiln-man was gone, but I found that 2000 bricks had been had out of the field—next day I received information, and found 500 bricks at a house occupied by one of my labourers, 500 yards from my buildings—I went to the station-house, and gave the prisoner into custody—the bricks, I found, were part of what were booked to me—the cart was the prisoner's brother's.
Cross-examined by MR. PAYNE. Q. Had the prisoner been in the habit of carting bricks for you? A. Yes, for the last two year—his brother is the prisoner's master—I do not pay the prisoner any wages—I ascertained that the whole of the bricks had not been delivered at my premises, from what I had got on the promises—I did not count them, but I could tell whether 2000 or 1000 had been delivered—I had 4000 or 5000 there—I could tell from the general appearance—the prisoner was not my servant—when the bricks got into the cart, I considered myself liable to pay for them.
WILLIAM CASTLEMAIN . I am kiln-man at Mr. De Beavoir's field at Hackney. On the 27th of June the prisoner came to me for 2000 stock bricks for Mr. Vine—there was another cart had 500, and the prisoner took three 500's, which made the 2000—I saw him take them—the last load was five or six minutes past six o'clock.
Cross-examined. Q. Did you deliver the last 500 to the prisoner himself? A. Yes—no one was with him when he drove them away—he took some bats in the morning.
MATTHEW NICHOLSON . I keep the Victoria public-house. On the Monday evening, from six to seven o'clock, the prisoner passed my house with some bricks in a cart—he stopped at Brown's, the fourth door from my house, shot them out, and called to me to bring him a pot of beer—I took it—he said, "You may as well fetch us another"—I said, "What are you going to build?"—he said, "I have got some pigs I don't know what to do with; I have taken part of Brown's premises, and am going to build a sty."
WILLIAM CHAMBERS (police-sergeant R 18.) I took the prisoner on the 30th of June—Mr. Vine charged him with stealing 1000 bricks—he seemed surprised, but at the station-house be stated that the whole of Mr. Vine's bricks were delivered on his premises.
GUILTY . Aged 38.—Recommended to mercy.— Confined Two Months.
ELIZABETH CARR . My husband is a marble-paper maker; I live opposite to Mr. M'Quin, a linen-draper, in Banner-street, St. Luke's. On the 1st of July, about five o'clock, I saw a young man come by the prosecutor's, and the two prisoners followed him—in about five minutes they all came back again, and I saw the young man take particular notice of these handkerchiefs, which were on the railing at the prosecutor's door—they were red and yellow—he took them up and looked at them—the prisoners then came up and pointed at the caps in the window, and, between whiles, I saw them take one pin out of the handkerchiefs, and every time they did so they turned round to the butcher's shop, to see if any one was looking at them—it was Margaret Murphy who took the four pins out, and put them in her mouth, then Mary took the handkerchiefs and put them under her shawl—they then, walked off—I ran down as soon as I could get my baby's things on—I went to Mr. M'Quin's—there was no one at home but his wife, and she could not leave the shop—while we were talking, Mr. M'Quin came in, but they had then got away—I am certain the prisoners are the persons—I pointed them out on the Thursday following, when they came past the same house again, but they were not taken till eleven o'clock at night.
Margaret Murphy's Defence. It is all false; we went into the Shepherdand-shepherdess-fields at half-past four o'clock, and it was half-past six when we came back.
(Margaret Murphy received a good character.)
MARY MURPHY— GUILTY . Aged 16.— Confined Six Months.
MARGARET MURPHY— GUILTY . Aged 16.— Confined Three Months.
JOHN LOADER . I am shopman to Mr. John Walter, a pawnbroker, living in Goswell-road. On the 8th of July I saw the prisoner outside the shop—she began pulling every thing about—she took up a pair of boots, put them under her shawl, and began to walk away—I asked what she had got—she made no answer—I opened her shawl, and found the boots.
Prisoner's Defence. I took them up to look at.
(The prisoner received a good character.)
GUILTY .—Aged 21. Confined Six Weeks.
1891. GEORGE BUTLER was indicted for stealing, on the 19th of June, 2 flannel petticoats, value 2s.; and 1 dressing-gown, value 8s.; the goods of James Domonie; and that he had been before convicted of felony.
WILLIAM ROSS (police-constable D 157.) At halt-past four o'clock in the morning of the 19th of June I was in Hill-street, Mary-le-bone, and saw the prisoner coming out of No. 14, carrying this basket—I asked what he had there—he said he lived at that house, No. 14—I took him back, there, called the landlady up, and asked whether he lived there—she said he did not, but be bad lived there twelve months ago—I asked if her things were all right—she said she would get up and see—while this was going on, the prisoner turned and ran away—I overtook him, and took him to the station-house—I went back, and the witness found in this basket this dressing-gown, wet—I took it to the station-house, and asked the prisoner if it was his—he denied it—I asked where he lived—he said he was destitute, and had slept the last night in an omnibus—I found he lived in William-street, Lisson-grove—I went there—the landlady said he lived down in the back-kitchen—I went down there, and found these two flannel petticoats.
MATILDA DOMONIE . I am the daughter of James Domonie; we live at No. 14, Hill-street. On the 20th of June, when the policeman came, we were all asleep, and he knocked us up—I went out into the yard, and found this dressing-gown in the basket—the gown had been in a tub of water in the yard—the basket is not ours, it is the prisoner's—these petticoats were missing also—they are my mother's, and had been hanging in the yard—the prisoner lodged in our back-parlour a year ago.
ANN HANSON . I am a washerwoman. I washed this gown and these petticoats for the prosecutor, and left the gown in a tub of water, and hung the petticoats up, about ten o'clock at night on the 19th of June—this basket I never saw before.
Prisoner. He is only a lodger there himself; there were other people lodged in the prosecutor's house.
GEORGE HEALEY (police-constable D 42.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—I was at the trial—the prisoner is the person who was tried.
GUILTY . Aged 58.— Transported for Seven Years.
JOHN HATTON . I am an upholsterer. On the 2nd of June I was at the Marquis of Anglesea public-house, at the corner of William-street, Marylebone. I went in between four and five o'clock to take a pint of porter—I entered into conversation, and soon after J put my hand into my pocket, and missed two handkerchiefs—I made it known that I had been robbed, but by whom I did not know—my handkerchiefs are lost altogether.
WILLIAM HENRY MAYBANK . I am a servant out of place. I was at the Marquis of Anglesea public-house talking with the prosecutor—I saw the prisoner come in at the side-door, and take a handkerchief out of the prosecutor's pocket—I only saw him take one handkerchief—he winked at me, and smiled at the same time—the conviction on my mind was, that it was a joke, because the room was full of people—no one noticed him, but myself—he went out again immediately.
EDWARD HURCOMBE . I keep a cheesemonger's shop, opposite the public-house—I do not remember the day, but about a month back I was standing at my door, and saw the prisoner come out of the public-house with two handkerchiefs in his hand, and he was trying to put them into his pocket—he ran down the street, and as he ran they both fell out down the lining of his pocket—I called to him—he came back, picked them up, and ran away again—I am sure he is the person—I went over and spoke of it, and the prosecutor said he had lost his handkerchiefs.
GEORGE HEALEY (police-constable D 42.) I took the prisoner last Sunday night, a little before twelve o'clock, in Oxford-street—he dropped down his head when he saw me—I turned back, and followed him—I tapped him on the shoulder, and said, "Dumpey, I want you for the two handkerchiefs stolen at the Marquis of Anglesea"—he said, "I know nothing about them"—as we were going along he said, "Will they floor me this time?"—I said, "I don't know"—he said, "I don't care if they do, I can do no good in this country."
GUILTY . Aged 20.— Transported for Fourteen Years.
NOT GUILTY .
1894. RICHARD LEWIS was indicted that he, on the 3rd of July, in and upon Henry Evans, feloniously did make an assault, and feloniously did attempt to discharge at and against him a certain blunderbuss, loaded with gunpowder, and divers leaden shots, with intent feloniously, wilfully, and of his malice afore thought, to murder him:—2nd COUNT, stating it to be with intent to maim and disable him, or do him some grievous bodily harm.
HENRY EVANS . I live in Myddleton-street, Clerkenwell. The prisoner is my brother-in-law—he came to my house on Friday night, the 3rd of of July, about six o'clock—he asked me for some title deeds, which I had for security—he said he wanted them—they were the leases of some property, at Bermondsey—I said it was no use making words about them; I could not let him have them till I saw myself righted for the two bills
that I was liable for—he rose up and said, "Then you are dead man—he had a great coat on his arm, he unfolded it, and took out a blunderbuss—I saw him take it from the coat—he could not get it out readily—there was some little difficulty—he held it with both his hands—he was on the opposite side of the room to where I was—the muzzle of the blunderbuss was towards the side of the room where I was, but it was not pointed at me—it was not up at his shoulder—it was as low at a person could hold it—a person who was near him seized him by the two arms, and I rose from my chair, seized him by the collar, and threw him down on the sofa—he was secured—the blunderbuss was never pointed towards me—whatever the prisoner's intention was, it was prevented by Haslehurst laying hold of him—I cannot say whether the blunderbuss was thrown down or not—Mrs. Evans took it, but whether from the prisoner's hand or not I cannot say—this is the blunderbuss—(looking at it)—I did not see it unloaded—as soon as the inspector took it be found there was no flint—I looked about, and found the flint between the lining in the inside of the great coat—it is a ragged flint—when I had bold of the prisoner on the sofa he said, "Don't tend me to prison."
WILLIAM PENNY . I am a police-inspector. I was called in, and examined this blunderbuss—it was primed and very heavily loaded with 297 large shots in it—(No. 1)—there was no flint in it—the flint was discovered in the lining of the coat.
NOT GUILTY .
Before Mr. Justice Patteson.
GUILTY . Aged 41.— Death recorded.
Before M., Common Sergeant.
1896. ELIZABETH BARNETT was indicted for stealing, on the 21st of June, 1 watch, value 3l. 10s.; 1 watch-ribbon, value 6d.; 1 seal, value 1l.; 1 watch-key, value 10s.; the goods of Daniel Paterson, from his person; and SARAH SMITH , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
DANIEL PATERSON . I am a builder. About midnight, on the 21st of June, I was at Greenwich—I had been to Woolwich, and came with two friends to go by the railroad—two girls accosted us—they left us, and proceeded to Greenwich, and we to London—in about a quarter of an hour a man asked me the time, and then I found I had lost my watch—I could not say that either of the prisoners were the girls, but I went across the road with some friends, and some women stood talking with me for some time.
watch, seal, and ring I received from the prisoner Smith on Monday, the 22nd of June—she asked me to lend her as much as I could—I told her to name some price—she named a sovereign—I suspected that they were stolen, and requested to know whose they were—she said her brother's—I referred to our book, and found a description of the watch—I then asked her into a room, and she said that Barnett gave it to her—I detained her, and sent for Barnett, and asked if she had sent Smith—she said she had—Smith gave me every information to find Barnett.
JOHN BOVIS (police-constable R 139.) I asked Barnett if she had sent a girl to pawn a watch—she said, "Yes," a man she was with last night left it with her, and then she said she took it from a man because he gave her no money.
Barnett's Defence. I met the prosecutor, and he took me into the North Pole public-house, and gave me something to drink—there was another girl with me, not Smith—there was another gentleman, who gave me something to drink, and then the prosecutor took me across the road up a lane, and gave me his watch to pawn, and said he had no money—I was to meet him, and give him the ticket.
NOT GUILTY .
GUILTY . Aged 28.— Confined Three Months.
Prisoner. Q. Did you see me about.? A. No.
JEREMIAH M'CARTHY . I am a labourer. About five o'clock in the evening of the 20th of June I was walking down King-street, and saw the prisoner with a basket—he took the beef off the board outside, and I saw no more of him—I knew him before.
Prisoner. You have been convicted here before for the murder of a policeman at Deptford. Witness. I was tried here, and got one month's confinement.
Prisoner's Defence. M'Carthy said he did not know whether it was beef or mutton, he was twenty yards from me.
GUILTY . Aged 18.— Transported for Seven Years.
MESSRS. ESPINASSE and LUCAS conducted the Prosecution.
WILLIAM GREGG . My father keeps the Plough public-house at Lewisham. On the 27th of June, about two o'clock in the day, Jackson came to my father's house, and called for half-a-pint of beer—he tendered a six-pence—my sister took it up, and showed it to me—I said it was bad, and
returned it to the prisoner—I followed him out, and saw the other prisoner in company with him—they seemed to me as if talking together—they left, and Jackson went to Mrs. Jupp's, and from thence to Mrs. Crafter's—Cassidy went on towards town—I saw Jackson come out of Jupp's, and then go to the Hope public-house, then Jackson came out and overtook Cassidy in the road, and they went on in company together—I went to Mr. Crafter's, and he was marking a sixpence—the prisoners were taken sitting down in the road at New Cross.
MARIA CRAFTER . On the 27th of June, Jackson came to my husband's house, and called for half-a-pint of beer—he gave me a sixpence—I threw it into the till with some halfpence, and afterwards found it was bad.
WILLIAM CRAFTER . On the 27th of June, Jackson came to my shop—he called for half-a-pint of beer—a little girl served him—my wife took the sixpence in my presence—he received 5d. in coppers, and wont away—the sixpence was put into the till with some halfpence—I gave it to the policeman after marking it.
RICHARD PORTSMOUTH . I keep the Bricklayers' Arms public-house at Deptford New Town. On the 27th of June, Jackson came to my house about three o'clock, and called for half-a-pint of porter—he gave me a counterfeit 6d.—I bent it, gave it to him back, and told him it was bad—he left the house, and went in the direction of the London-road, towards London—I did not see Cassidy.
GEORGE EVE (police-constable R 126.) On the 27th of June, from information I went after the prisoners on the London-road, towards New Cross—they were together sitting on one side of a bank—I found four counterfeit sixpences in Cassidy's right-hand pocket, and 9s. 10d. in silver in his fob, which was good, and 2s. 5d. in copper in his left-hand pocket.
Jackson's Defence. We met together on the road, and found the six-pences wrapped in a bit of rag.
JACKSON— GUILTY . Aged 18.
CASSIDY— GUILTY . Aged 23.
Confined Six Months.
Cross-examined by MR. BODKIN. Q. What are you? A. I deal in
clothes—I have not been trying to make money of this—the prisoner's parents offered me money, but I refused to take it—they came to George Darby, a publican—I said I was not going to take any money—I did not say that I wanted 3l. for the clothes I lost and 2l. for my trouble—I never said so to the prisoner's father and mother, nor any thing to that effect—they said they would pay me, but I did not demand any thing of them—the first offence the prisoner committed I forgave him—I did not apply to the prisoner's mother and offer to forego any prosecution if she would pay me 6l.—she asked me if I would take 5l.—she did not say it was impossible she could raise it, and ask why I wanted so much—she said she would get money if I would take it—I did not apply to the prisoner's father, and want 5l. to make up this matter—his father did not tell me it was quite out of his power to do it, as his family consisted of himself, his wife, and eleven children, and he had only 17s. a week—he did not say so to my recollection—I cannot swear that he did not.
ROBERT HAMBLING (City police-constable No. 539.) I went and took the prisoner on board the Vesper steam-boat—he said he took a coat and pair of trowsers and sent them to pawn, and he intended to make it up on the following Saturday—he wished to make up the matter with Mr. Barnett.
Cross-examined. Q. Did you say any thing to him? A. No—the prosecutor was with me—the prisoner wished to speak to him—he began crying, and said that.
GUILTY . Aged 20.—Recommended to mercy by the Jury.— Confined Three Days.
Before Mr. Sergeant Arabin.
JOHN TYER . I am a drummer in the Royal Marines at Woolwich. On the 26th of June, between four and five o'clock in the afternoon, I saw the prisoner go to the baker's barrow, lift up the sack, and take two half-quartern loaves out, he put them in a bag, put them on his shoulder, and went away—I saw Mr. Roberts and told him.
GUILTY .* Aged 21.— Transported for Seven Years.
JOHN EAMES . I am a printer. On the 6th of July I was on board a steam-boat returning to town—this occurred at Woolwich—there were a great many people on board, and a great pressure—the prisoner was close to me—I had a gold breast-pin in my shirt, set with pearls and hair inside—it was fastened in my shirt—it was an old pin, and had a worm round it that held it in tightly—I felt a twitch and missed it from my shirt—I turned and told the prisoner I did not wish to say that he had robbed me, but I believed he had my pin—I collared him at the time, but I left him for two or three minutes, while I went to the gangway to see for an officer—I could not find an officer, and when I returned, the prisoner offered to be
searched by the captain—when we arrived at Hungerford stairs I took him to Bow-street myself—I have never found the pin.
Cross-examined by MR. PHILLIPS. Q. Did not the prisoner seem very much surprised? A. Yes; there was nothing to prevent my searching him at the moment, but I did not choose to do it—the captain searched him, but did not find it—I asked him for his address, which he gave, and the policeman went there—there might be, perhaps, 100 persons or more on board—I accused him before all the people.
LOUISA KRUAZKOPH . I live in Yardley-street, Wilmington-square. I was on board the steam-vessel—I saw the prisoner put his hand to the prosecutor's breast, he had his handkerchief in his hand at the same time—the prosecutor said, "I have lost my pin"—the prisoner said, "I hope you don't mean to say that I have it"—the prisoner then went, and put his hand down by the side-table, while the prosecutor went for an officer; and when he came back the prisoner said he was willing to be searched.
Cross-examine. Q. Did you say one word about it at the time? A. No—I said before the Magistrate that the prisoner put his, hand down by the side of the table.
Cross-examined. Q. Were you the officer the prisoner gave his address to? A. It was given to the messenger—he found it correct.
NOT GUILTY .
SAMUEL GOOCH . I live at Deptford. I am in no business—I lost my coat from the back-parlour of the Freemason's Arms public-house—I went up stairs there, for about twenty minutes, and when I returned it was gone—this is it—(looking at it)—it was brought back to me by Woodworth's daughter—the prisoners are strangers to me.
JOHN CONLAY . I was at the Freemason's Arms public-house—I saw both the prisoners there, whether they came in at the back or the front I do not know—Woodworth had the coat, and they went by the tap-room door where I was.
ANN WELCH . My husband is a gardener. The prisoner Woodworth is my mother—she came to my house, and Goldsmith was with her—Goldsmith had this coat in a basket in her hand—I asked who it belonged to—she told me to put it down—I had not put it down ten minutes before there was a knock at the door, and it was a woman, named Barrowcliff, where my mother lives, and I gave the coat up.
JOHN EVANS (police-constable R 130.) I took Goldsmith—I asked if she knew any thing of the coat stolen from the Freemason's Arms public-house—she said she knew nothing of it, that she had been there in company with Woodworth.
BENJAMIN LOVELL (police-sergeant R 15.) I took Woodworth—I said it was for stealing a coat from the Freemason's Arms public-house—she said, "I know all about it, Mrs. Goldsmith took it off the table and gave it to me, and we both went to my daughter's with it."
Goldsmith's Defence. I never saw the coat.
WOODWORTH*— GUILTY . Aged 53.— Confined Six Months.
GOLDSMITH— NOT GUILTY .
Before Mr. Recorder.
1904. WILLIAM PRICE was indicted for burglariously breaking and entering the dwelling-house of George Barnett, at Christchurch, about the hour of one in the night, of the 1st of July; with intent to steal and stealing therein, 1 handkerchief, value 2s. 6d. and 1 watch, value 2l.; his property: to which he pleaded
GUILTY .— Transported for Ten Years—Isle of Wight.
No evidence was offered against Mary Durrant, who was acquitted; the other prisoners pleaded guilty, and entered into their own recognizance to appear for judgment, when called on.)
ISAAC LOVERIDGE . I live in Price-street, in the parish of Christ Church, Surrey, just over Blackfriars-bridge. On the 27th of June I went out at twenty minutes before four o'clock in the morning—the house was safe then—I opened one shutter to give me light to put my things on—I shut it too again, and left the doors and windows and every thing fast—there is a chain inside the window—I do not know whether it could be shaken down or not.
MARY ANN GROVES . I am the wife of James Grove, a gas-lighter, in Dyer's-buildings, Gravel-lane. On the 27th of June my husband was taken very ill, and I went to get another man to do his work—I went down Guilford-street, to the Phoenix Gas Company—as I was coming borne, I came up Price-street, and saw the prisoner on the window-stone of the prosecutor's house—the window was up as far as it would go, and his body was in as far as his waist—I stepped on the pavement, and the prisoner jumped down, and went down Goodwin-court—I turned round and saw him watching me, and called "Stop thief"—I never lost sight of him till he was taken.
Prisoner. Q. When you saw me walking up Price-street, you were walking down? A. I saw you in the window—it is a parlour-window—I do not know how high it is—I passed him first in Guilford-street—he appeared to be intoxicated, and pushed against me, and nearly shoved me down—I should not have known him again but for that.
HENRY BISPHAM (police-constable M 61.) I was on duty in Church-street, Blackfriars—on the 27th of June, about a quarter before four o'clock in the morning, I heard the cry of "Stop thief"—the prisoner was running, and Mrs. Grove after him—I took him into custody.
Prisoner's Defence. I know nothing about it; I was walking up the street, going to Mr. Serle's, the broker's, who was to give me an answer whether I was to go to work for him or not.
GUILTY . Aged 22.— Confined One Year.
1907. JOHN COLLINS and JAMES BROWN were indicted for burglariously breaking and entering the dwelling-house of James Lawrence, about the hour of one in the night of the 19th of June, with intent to steal, and stealing therein, 1 sack, value 1s.; 2 coal-scuttles, value 2l. 10s.; 1 scoop, value 4s.; 2 kettles, value 10s.; 1 pair of shoes, value 3s.; 1 towel, value 1s. 1 flat-iron, value 6d.; 3/4lb. weight of soap, value 6d.; and 2 table-cloths, value 10s.; the goods of said James Lawrence.
ANN LAWRENCE . I am the wife of James Lawrence, and live at No. 9, Garden-place, Peckham; we occupy the whole house, and let apartments. On Saturday morning, the 20th of June, upon getting up and opening the kitchen-door I perceived the cellar-flap open, and a rushlight lying on the coals—I missed a sack, which we wiped our feet on, and the other articles stated, all from the cellar, which is under the parlour, and is part of the house—I had seen the articles safe at a quarter-past ten o'clock the evening before—they were worth between 4l. and 5l.—the flap was shut at a quarter-past nine—it is kept down by its own weight——I am not sure that it was bolted, but I know it was shut—there is a door at the top of the cellar stairs, by which we go into the cellar—that was bolted over night, and I found it in the same state in the morning, but the sack, and several things which had been close to that door on the stairs, were taken away—the persons must have got down the cellar-flap, which is in the back-garden—they could then get into the cellar, and into the rest of the house, but for the door at the top of the cellar-stairs, which was bolted—I discovered this at six o'clock, as near as possible—I am not sure whether it had gone six o'clock or not—I rather think it had—I afterwards saw the spot where the things were found—it is about half a mile from our house—I do not think the articles could have been removed that distance after I got up—it would not take, five minutes to remove them.
Cross-examined by MR. BODKIN. Q. How many lodgers have you? A. I have one lady and a lady and gentleman—they occupy different apartments—there was nothing of theirs in the cellar—they had the use of the cellar if they chose—the flap was always open in the day-time, to let air and light in—I always had it abut at dusk—I generally shut it myself, or else my little girl did—she is ten years old—I shut it down about nine o'clock that night—I do not know whether it fastened itself or not, but the bolt goes easily, and drops into its place, if the flap is let down heavily—my little girl sometimes opens it, the lodgers have nothing to do with it—after nine o'clock we have no occasion to go into the cellar—my little girl goes to bed about ten o'clock—the rushlight I found was burned about an inch—I had not left it in that state—it had been cut from a lot which were hanging at the top of the cellar stairs.
WILLIAM COTTON (police-constable P 62.) I was called to the house of Mr. Cook, whose premises adjoin Mr. Lawrence's, in Peckham-lane—I afterwards examined Mr. Lawrence's premises, and followed the traces of foot-marks across Mr. Cook's premises, across some fields, leading to the Asylum-road—the traces led me up to a hedge alongside the road, in which I found two copper coal-scuttles, a copper scoop, two kettles, one pair of shoes, a towel, a coat, and a flat-iron—they were on the field side of the hedge—I did not lose the traces on the road, as it was all across garden-ground—I got the assistance of Hall, another constable, and we hid ourselves behind a hedge on the opposite side of the road—about nine o'clock the prisoners came with a truck—Brown got down into the
ditch, drew the things through the hedge, and handed them to Collins, who put them into the truck in this bag—we then came over the hedge—I took Collins into custody, and Hall took Brown—we took them and the property to the station-house—Collins said he saw the things in the hedge, and thought he might as well take them away as any one else—we had been concealed about two hours and a half—the property was deposited in two different places—one parcel a person might see from the road-side, and I cut a bough and put before it, so that no one might see them from the road—they were not visible from the road, from that time till the prisoners came up—they brought the truck on the road side, and pulled the things through the hedge—they did not go into the field to get them.
Cross-examined. Q. What sort of a bough was it you put there? A. A small branch, which I cut from another part of the hedge—it would not cover all the things, as they were not all in one place—there were some in another place which it was not necessary to cover—I left them as they were—they were within two or three yards of the other, it was an elder-hedge—the tracks led me to the spot—I was on the field side, and walked along the hedge—I discovered them about half-past six o'clock—the prisoners brought the truck on the high road, about nine o'clock, or a little after.
WILLIAM HALL (police-constable P 78.) I was called by Cotton on the morning in question. I took Brown into custody, and afterwards went back to the place, and found this tea-kettle in the same spot where the other property was—I searched Collins at the station-house, and found a lucifer-box on him, and a piece of wire, which is bright at one end.
Brown's Defence. I was coming along with the truck, and saw the things through the hedge, and said, "Here is something;" I pulled them through, and said, "What shall we do with them." Collins said, "Suppose we go and take them to some policeman." I said we would—we looked further, and saw another lot; I was pulling that out when the policeman came, caught hold of me, and took us to the station-house for stealing them.
COLLINS— GUILTY . Aged 34.
BROWN— GUILTY . Aged 19.
Transported for Ten Years.
(There were two other indictments against the prisoners.)
1908. JAMES RICKSON was indicted for breaking and entering the warehouse of Thomas Savage, on the 18th of June, at St. Mary, Rotherhithe, and stealing therein, 1 clarionet, value 30s., the goods of Henry Mason Charlton.
ANN LOVELL . I am the wife of William Lovell, and live in Flagonrow, Deptford. On the afternoon of the 18th of June, the prisoner came to our shop, and offered a clarionet for sale at 2s.—I was not aware of the value of it, and took it to Mr. Greenly's, the pawnbroker, to ask him the value—I told him what it was offered to me for, and in consequence of what passed I left it with him, and returned with his young man and a policeman—I found the prisoner in my shop, and he was taken into custody—I had only known him a few weeks—I had bought several articles of him—he said the clarionet was his own—the other articles he had said were his aunt's.
HENRY MASON CHARLTON . This is my clarionet—I bought it in Cornhill for 2l. 12s. 6d.—I kept it locked in a chest of drawers in a warehouse belonging to Thomas Savage, my master, of which I had the key—it is in
the parish of St. Mary, Rothorhithe, there was no appearance of the door having been broken—they must have got in at the window, which had wooden bars up and down, and a shutter inside—I found it all pushed away, and a space through which a man could get—the drawers were forced open, and property gone, worth 20l. or 25l., consisting of wearing apparel, and other things—I have known the prisoner from a boy, and have seen him five or six times a day—I do not think I had seen the clarionet for six or seven years—when the policeman brought it to me, I thought it could not be mine, thinking I had got mine safe, but when I went to look, it was gone—every thing had been locked up, and enclosed, and I had never opened the drawers for six years—I go past the place every day, but had not been inside it for five weeks before—every thing was safe and secure then—the window is fifteen feet from the ground—the place was all locked up—the lower part is a brick building with iron bars—some of the things belonged to my sister, and when she died, I deposited them all in my master's warehouse, with things of my own as well—they were gone also.
GEORGE JAMES HOULDRIGHT (police-constable R 116.) I received he clarionet from Haseldine, at Mrs. Lovell's, and took the prisoner into custody—he said he had bought it in the Borough three years ago, for 7s. 6d.—I have examined the warehouse where this was taken from, and found marks on the boarding under one of the windows—the window had the appearance of having been forced—the locks of the chest of drawers were broken out, and the backs of the drawers broken in.
GUILTY .* Aged 20.— Transported for Ten Years.
Before Mr. Common Sergeant.
GUILTY . Aged 34.— Confined Six Months.
1910. ANN HART was indicted for stealing, on the 19th of June, 2 collars, value 3s.; 1 cape, value 1s.; 1 handkerchief, value 1s.; 1 apron, value 4s.; 1 frill, value 6d.; 3/4 of a yard of needle-work, value 3d.; 1 tippet, value 6d.; 1 cap, value 6d. 1 sheet, value 6d. 1/2 yard of linen-cloth, value 3d.; 1 yard of printed cotton, value 6d.; and 5 ounces weight of metal type, value 9d.; the goods of John Needham, her master.
JOHN NEEDHAM . I am a printer, and live in Princes-road, Lambeth—the prisoner was in my employ. On the 19th of June I sent for a constable, he in my presence searched the prisoner's box, and a quantity of type, some lace collars, a tippet, and other things, were found—this type is mine—(looking at some type.)
Cross-examined by MR. BALLANTINE. Q. What is the value of the type? A. 10d. or 1s., it could not be parted with for that—I know it to be mine—the prisoner had been in my employ three weeks—we were to pay her 5l. a year in monthly payments, I suppose, but it was not specified—there was nothing said about weekly payments—nothing has been paid her—she had not been long enough—we found her so bad after a week, that we were obliged to give her warning.
Cross-examined. Q. What may be the worth of the whole? A. This
collar is worth 5s.—I have scarcely worn it—I had not been to the prisoner's box myself—it was never left open.
(The prisoner received a good character.)
GUILTY . Aged 18.—Recommended to mercy.— Confined Three Months.
1911. MARY CUNNINGHAM was indicted for stealing, on the 5th of June, 1 pair of boots, value 4s. 2 knives, value 1s. 2 forks, value 1s.; 1 shift, value 2s. 1 flannel-petticoat, value 2s.; 1 towel, value 6d.; 1 napkin, value 6d.; 2 pairs of stockings, value 6d. and 1 handkerchief, value 6d.; the goods of Charles Henry Paddon, her master: and that she had been before convicted of felony.
CHARLES KHENRY PADDON . I live in Waterloo-road, Lambeth. The prisoner was in my service, and left without notice, on the 5th of June—I found her again on Friday the 12th of June—I missed a pair of boots, and these other things—these are them—(looking at the property.)
WILLIAM PRICE (police-sergeant L 11.) I took the prisoner on the 12th of June—I asked what she had done with these things—she said some she had pawned, except the boots—I found some things at the pawn-broker's, and some things were in a bundle she had sent, to her mother, who would not take them in—it was brought to the station-house, and the prisoner picked out Mr. Paddon's things there.
(Property produced and sworn to.)
GUILTY . Aged 16.— Transported for Seven Years.
JAMES HODGSON . I keep the Perseverance public-house. I was walking in the Walworth-road with two females, on the 4th of June, a person came and told me something—I felt, and missed my handkerchief—he pointed out the two prisoners—he seized one, and I the other—I seized Hines, and his hat fell off, and shortly after the officer produced these three handkerchiefs—this is mine—(looking at one.)
Dean. Q. How do you know it? A. There is no mark on it, but I am quite confident it is mine.
JAMES BROOKS (police-constable L 118.) I was on duty between ten and eleven o'clock that evening, and saw the two prisoners—I thought it necessary to watch them—I saw Dean take a handkerchief from the prosecutor's pocket—they turned back—I spoke to Goff to watch them while I spoke to the prosecutor—the handkerchief that Dean took from the prosecutor was like this one—what he did with it I cannot tell.
Dean. Q. You had a white coat on? A. Yes—I was in plain clothes—you were near the prosecutor—I did not take you because I had no one with me at the time, and I thought I should lose one of you—I had seen you both together at the back of the Zoological-gardens.
CHARLES BURGESS GOFF . I watched the two prisoners from the Walworth-road to Hampton-street—I saw Dean give a handkerchief to Hines, which he put into his hat—it looked like this—(looking at one)—they then turned back—the prosecutor caught hold of Hines, and Brook caught Dean—Hines's hat fell off, and in it were three handkerchiefs—this was one.
Dean's Defence. I never had it in my hand at all.
DEAN— GUILTY . Aged 18.
HINES— GUILTY Aged 19.
Confined Six Months.
MR. CHAMBERS conducted the Prosecution.
JAMES ROWELL . I am a butcher. On the 23rd of May, the prisoner came to my shop for a 1/2 lb. weight of beef, which came to 3d.—he gave me a shilling, which I put amongst some halfpence, where there was no other shilling—I afterwards gave it to the policeman.
JAMES COWPER I am a hosier. The prisoner came to my shop on the 28th of May to purchase a pair of braces—he tendered me a bad shilling—I sent for a policeman, and gave it him—he took the prisoner—he paid for the braces with other money.
Prisoner's Defence. I went to the butcher's, I gave him a shilling, he turned it over, and put it in his desk; I went out, he ran after me and said I had given him a bad shilling, I went back, and he asked me to take it back again, I would not, he sent for a policeman, and gave me in charge; when I went to the linen-draper's, I gave the lad a shilling, he said it was bad, and asked if I had any more, I said I had not.
GUILTY . Aged 22.— Confined Six Months.
MR. CHAMBERS. conducted the Prosecution.
CHARLOTTE FRASER . I am the wife of Robert Fraser, a baker, at Upper Marsh, Lambeth. On the 12th of June the prisoner came to my shop and asked for a half-quartern loaf, which came to 4 1/2 d.—he gave me a half-crown—I gave it to my husband to look at—I told the prisoner it was a bad one—he said he got it at the Crown and Cushion public-house, at the top of the street—there is a public-house there, but I do not know the sign—my husband said he would go these—the prisoner then laid it was in Blackfriars-road—my husband said he did not care where it was, he would go with him, and they went out together.
ROBERY FRASER . My wife gave me the half-crown, and I went out with the prisoner towards the Crown-and-Cushion public-house—when we got out, he asked me not to give him in charge—I saw a policeman, and asked him if the half-crown was bad or good—he said it was a very bad one—he took the prisoner back to my house, searched him, but found nothing on him, and let him go.
LUKE ANDERSON . I keep a cigar-shop in Waterloo-road. On the 15th of June, about nine o'clock in the evening, the prisoner came to buy three twopenny cigars—he gave me a half-crown—I gave it to my son to get change—he came back immediately, and said it was bad—the prisoner said he would get me another, and made off—I said, "I shall see who you are and what you are"—I got hold of him, and held him till the officer came—my son gave me back the half-crown, and I gave it to the officer.
Prisoner. Q. Did you sound the half-crown on your counter? A. Yes.
Prisoner. The first half-crown I took at a public-house; I did not know it was bad; and the other passed through so many hands that it is difficult to know which it was.
GUILTY . Aged 26.— Confined Six Months.
1915. JEREMIAH MOORE and JAMES WALSH were indicted for stealing, on the 30th of May, 1 watch, value 2l.; 1 seal, value 1s.; and 1 watch-key, value 2s.; the goods of John Seddon, from his person; and that Moore had been before convicted of felony.
JOHN SEDDON . I live in Walker-street, Newington. On the 30th of May, between six and seven o'clock in the evening, I was going down Kent-street, and was tripped up, and my watch pulled out of my pocket—it has not been found—I cannot tell who the parties were.
JAMES CANNON . I live in Russell-street, Brixton. About six or seven o'clock, on the 30th of May, I was in Kent-street—I saw the prosecutor—a party ran against him and pushed him down, and at the same time took his watch—the prisoner Walsh ran away with it, and Moore attracted the attention of the by-standers from the one who was running, by first attempting to raise the prosecutor from the ground, and then, before he was quite up, he dropped him again, and ran in a contrary direction to the other prisoner, saying, "Here he goes, here he goes," whereas, in fact, he was gone the contrary way—I am satisfied the prisoners are the persons.
Moore. Q. You did not see me near the person who lost the watch? A. Yes—I saw you lifting him from the ground and dropping him again, and then running in a contrary direction to the other—there did not happen to be a policeman in the neighbourhood or you would not have got off.
JOHN BAKER . I was in Kent-street, and saw the two prisoners in company with another person who is not in custody—they all three ran against the prosecutor and capsized him into the gutter—Walsh ran away with his watch through the George public-house, and Moore kept the prosecutor from following him.
Moore. Q. Did you see me push the gentleman down? A. You were all three together—I could not say which was the worst.
Moore. I was in the road, I said, "There he goes," and the prisoner was running with the watch at the time; I was on the other side of the road with my hat in my hand. Witness. You were keeping the prosecutor from following him.
CHARLES THOMPSON (police-constable M 32.) I was on duty on the 30th of May, and I saw the two prisoners together before this robbery took place—I am sure the prisoners are the persons—in about ten minutes after the prosecutor lost his watch, I took Moore concealed up between twenty or thirty persons.
Moore's Defence. I am innocent.
Walsh's Defence. I was led into it; they are trying to lay it ill on my back.
JOHN WRIGHT (police-constable M 68.) I produce a certificate of the prisoner Moore's former conviction, which I got from the office of the clerk of the peace for Surrey—(read)—he is the person who was then convicted.
MOORE— GUILTY . Aged 20.— Transported for Fifteen Years.
WALSH— GUILTY . Aged 18.— Transported for Ten Years.
Before Mr. Sergeant Arabin.
GUILTY . Aged 29.— Confined Six Months.
MARY ANN SPENCER . I live at Lambeth and am a laundress. The prisoner was employed to assist me for about two months. On the 19th. of June I gave her a shirt to wash, and on the 20th I could not find it—this is it—(looking at it)—it is Mr. Cook's shirt—there was this curtain found with it, which is mine.
Prisoner. It is my first husband's shirt—I had had it in pawn before.
LUMBY. I am a pawnbroker. I took this shirt in of the prisoner, in the name of Ann Burnell, on the 20th of June.
Prisoner. That was my first name.
GUILTY . Aged 38.— Confined Six Months.