CENTRAL CRIMINAL COURT.
TENTH SESSION, HELD AUGUST 17TH, 1840.
MINUTES OF EVIDENCE,
Taken in Short-hand
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, August 17th, 1840, and following Days.
Before the Right Honourable Sir CHAPMAN MARSHALL , Knt., LORD MAYOR of the City of London; the Right Honourable Sir John Gurney, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Claudius Stephen Hunter, Bart.; Sir John Key, Bart.; William Taylor Copeland, Esq.; Thomas Kelly, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Pirie, Esq.; John Lainson, Esq.; James White, Esq.; John Humphery, Esq.; William Magnay, Esq.; Michael Gibbs, Esq.; John Johnson, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of New-gate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
MARSHALL, MAYOR. TENTH SESSION.
A star (*) denotes that prisoners have been previously 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, August 17th, 1840.
First Jury, before Mr. Recorder.
MESSRS. PHILLIPS and CLARKSON conducted the Prosecution. RICHARD HENRY LOWE. I am clerk to Mr. Davis, an attorney in Charlotte-street, Bedford-square. I produce the original record of Nisi Prius, in a cause, "Curlewis against Cox,"—we being attorney for the plaintiff, first of all engross it, it is then carried into the Marshal's office, it remains in the hands of the clerk of Nisi Print until the verdict is given, and then it is handed to us, until we want judgment signed on it—we take it to the Master to sign judgment on it—the judgment would be engrossed on the issue-roll—I was not in Court when this endorsement was made on the panel, but I believe it is in the handwriting of the officer—I have seen him write, and I believe it to be his handwriting.
Q. Where did you get it? A. I did not get it from the officer of the Court—this seal is the seal of the Court impressed on it by the clerk of the dockets—Henry Haines brought it from the Court—I know the handwriting of the associate—I believe this to be the endorsement of the clerk of Nisi Prius—I have seen him write when I have attended taxation of costs—the practice in the Court of Queen's Bench is, on the day of trial, to hand over the record to whoever obtains the verdict, and the plaintiff having obtained the verdict, it was handed over to us—after four days in term have expired we endorse the postea, and on that judgment is signed—Mr. Davis was attorney for Curlewis in another action brought by Cox against him—I have some of the papers of that action here—I have the particulars of the plaintiff's demand.
Cross-examined by MR. ADOLPHUS. Q. Did you receive at one time a memorandum from Mr. Curlewis? A. I have received several papers—I received one signed by Mr. Cox—I returned it to Mr. Curlewis—I do not know what has become of it.
HENRY HAINES . I am one of the clerks of Mr. Davis, the attorney for Curlewis, the plaintiff in the action—I obtained from the Bail Court, in the Court of Queen's Bench, where the case was tried, the parchment produced
—I got it from the Judge's associate, immediately the trial was over—this endorsement on the Jury panel was on it then.
WILLIAM SAYER . I am one of the clerks of Mr. Dangerfield. He was attorney for Cox, in the causes of Curlewis against Cox, and Cox against Curlewis—I was present on the trial of the issue in Curlewis against Cox, and at the examination of the defendant—I took a note of his evidence, which I have with me—he was sworn and examined on the part of the plaintiff—reads—" John Gurdon, I am not now in Mr. Curlewis's employment; I was in the plaintiff's employment from January, 1838, to April, 1839; when Cox came Mr. Curlewis was in the little room behind the shop; Mr. Curlewis called me to witness his giving Mr. Cox 50l. He gave him a 50l. note. Mr. Curlewis gave the note, and Mr. Cox kept it as long as I saw him. I did not see Mr. Cox go out; I left the room. Mr. Curlewis said, 'You see me give Mr. Cox a 50l. note;' the plaintiff said, 'Let me have it again as soon as you can;' Cox said, 'I will'—Cross-examined by MR. THESIGER. I was in the cutting-room till I was called—I was in Curlewis's employ from January, 1838, to April, 1839—I was working for the British Water-proof Company—I went there about the latter end of December, 1838—I did not remain there more than three weeks—I was only employed two or three hours a day—I am stopping at his house (meaning Curlewis's)—I was assisting him in his shop—it took place in the little room—there was no memorandum—I did not hear Curlewis call to any one to take a memorandum—I never heard him call out to Way to take a memorandum—there was no one else present—Mr. Curlewis sent for me from the country—I do not know whether he lends money—he was in the habit of lending his friends money—Curlewis has lent me money—I do not know whether he keeps a cash-book—I came to town last week.
Cross-examined by MR. ADOLPHUS. Q. This is written in pencil? A. Yes—it was taken in Court—I will not say so much for the cross-examination, as I conducted the case, but the examination I took down word for word—I am sure he said he was in the plaintiff's employ from January, 1838, to April, 1839—I am positive he did not say to February, 1839—some questions were asked by Mr. Thesiger in cross-examination about his being in the employ of one Roper—they are the Water-proofing people—I have not the name of Roper in my notes—he said he did not know Mr. Roper, he was working for the British Water-proofing Company.
Q. How soon after the trial did you go before the Grand Jury to prefer this bill? A. The next Sessions, I think—I think it must have been a fortnight after—it took place in May, and we came the next Sessions—the trial was on the 28th of May—we had got the rule for a new trial, I think, before we came here to prefer the bill—I know it came on for argument long before I came here—we have got a rule nisi—the indictment against the defendant was left in the office a few days—I made an affidavit that we had filed a bill here, but had not been before the Grand Jury, as they had not sat—we were obliged to move within four days of term—we got the rule nisi in the same term.
THOMAS COX . I am the prosecutor of this indictment—I am a livery-stable keeper, and live in Colchester-street, Connaught-square. I saw the defendant on the 28th of May at the trial—I never saw him in my life before then, to my knowledge—I know Captain Henningsen—he owed me 100l.—I held a bill of his for 60l.—this is the bill—(looking at one)—I
got a letter from him, in consequence of the acceptance becoming due, directing me what to do—in consequence of that letter I went to Curlewis, who is a tailor, at No. 12, Hanover-street—when I went to Curlewis, Captain Henningsen was there, talking to Curlewis—it was on the 2nd of February, 1839—I did not see any body but Curlewis and Captain Henningsen, to my recollection—there was one or two men about the place—a man, named Pinn, I saw just inside the door—in consequence of something that was said to me on that occasion I called again in the evening—I then saw a man named Way up at a desk writing, and a man named Pinn, a porter there—he let me in—I did not see any body else—I asked for Mr. Curlewis, and saw him—he gave me 50l. on that occasion—I was to go and pay the bill for Captain Henningsen with it—when Curlewis gave me the 50l. he said to Way, "Way, you had better take a memorandum from Cox, and give it to the Captain when he comes"—Way said, "Very well"—he did not come into the room—I paid the 50l. to Wright, the holder of the bill—I afterwards paid the remainder, which made it up to 60l., and got the bill from him—it was in the little room behind the shop, that I got the 50l.—the defendant was not there on that occasion—he was not in the room at all—there was nobody in the room but Curlewis and me—the door was shut—it is a very little room—when Curlewis called to Way he answered—I pushed the door open to go out—it was not open when he called—Way did not come into the little room at all—when I came out I saw Way writing up at the desk—he was in the cutting-room, outside the little room—I left nobody in the little room but Curlewis—I did not see any one in the cutting-room besides Way—it is a large room—I did not see the defendant—if he was there he was behind some of the clothes—I saw Pinn before I went into the little room—he did not go into the room—he was in the same room with Way—I did not notice him as I was going away—it was as I came out of the little room that Curlewis called to Way—Curlewis did not say to the defendant, or to any body else, "You see me give Cox a 50l. note;" nor did he says, "Let me have it again as soon as you can"—I did not say, "I will"—no such word was ever said—I was at the trial when Gurdon was giving part of his evidence—about a quarter of an hour after the trial I saw him at a public-house in Bridge-street, Westminster—I said to him, "You villain, how could you go and swear falsely against me? you never saw me with your eyes before"—he made me no answer, but laid his head down.
COURT. Q. Did Curlewis say any thing to you about bringing back to him, as soon as you could, the note or bill? A. Never; he said nothing of the kind—the bill was in the hands of Wright, the corn-chandler, in Edgeware-road—Curlewis produced the 50l. on account of Captain Henningsen.
Cross-examined by MR. JONES. Have you had many transactions with Curlewis? A. Not a great many—his horse stood at livery with me, and I had a great deal of difficulty in getting the money—I never had till that time—he made some clothes for me—I never had a penny from him in my life before this—I paid him 18l. for Captain Henningsen once—Captain Henningsen often gave me money to pay—I owed Curlewis money for clothes—I have not gone to his shop frequently—I have called there—I might have been there half a dozen times, or once or twice more, perhaps, I will not say to a time—I have seen men in the cutting-room when I called—I did not know them all—I knew most of them—there was Pinn, and a shortish man about the size of Gurdon, but it was not him—I
never saw Gurdon there when I called—I never saw him there in my life, to my knowledge—if he was there he was behind the clothes—it is a very large shop—there might be people behind the horses of clothes—Gurdon has never been to me with messages from Curlewis—that I swear—I never saw him at my place of business or my stables—Curlewis has occasionally sent messages to me by men, by Pinn, and by his groom, O'Brien, and another groom before him—I never heard of persons having called with messages from Curlewis when I have been out—at first Curlewis had one horse, then it went on to six, sometimes three, sometimes four—he deals in them—he wrote a note once about his horses by O'Brien—he never sent a verbal message—the door of the little room in which I received the 50l. was shut and closed—that I swear, for I turned the handle when I went in and when I came out—it is a brass handle—I did not come out with the 50l. in my hand—I put it into my pocket before I came out—I was putting it into my pocket as I came out—I will swear I had not the note in my hand in the cutting-room—I had it in my pocket—Curlewis did not come out with me—he never got off his chair—he did not say any thing to me as I came out—he might say good night—I had received the 50l. before he called out to Way—he said, "Way"—he did not answer, and he said "Way" again—I just opened the door, and then he said, "Take a little memorandum of 50l. on Captain Henningsen's account, and give it him when he comes"—he said, "Very well, Sir"—he did not say, "I have given Mr. Cox a 50l. note"—he said "50l."—Way made a memorandum—I saw him make it, and I signed it—I shut the door after me when I came out to Way—it was not open further than when I came out—Curlewis spoke to Way while the door was shut, and Way did not answer him, though he was so very close to the room, and I opened the door and said, "Mr. Way, Mr. Curlewis speaks"—he then called to him again—I pulled the door after me—it was shut when I was speaking to Way—it was shut at first, I opened it, and then Curlewis spoke to him while I was coming out—the door was not shut then of course—I put "Thos. Cox" to the memorandum—I walked straight away—I had got all I wanted, and left—I did not see any body in the cutting-room—I did not stop to look about—I saw nobody but Way—there was nobody there but Way, unless they were behind the clothes—I knew Way—he has not left Curlewis's service, that I know of—I have seen him frequently—I frequently see him accidentally in the street—I have spoken to him once on the subject of this prosecution.
COURT. Q. What was the memorandum? A. Only a little bit of white paper, about half of half a sheet.
MR. JONES. Q. I presume as you were a party to the bill, you probably had been applied to by Wright to take it up? A. After Captain Henningsen did not take it up I had—I received the bill from Wright on the 2nd of February, when I took it up entirely—10l. was my own money—I have never received any money from Captain Henningsen on account of it since—he did not go abroad for several months after he took up the bill—he was not in this country when I went before the Grand Jury—he was in Russia—he went to Brussels first—I do not know when he went to Russia—Curlewis never told me that Captain Henningsen was largely in his debt—I did not know it—I knew nothing about their affairs—I did not introduce Captain Henningsen to Curlewis—it was Mr. Oreason—Curlewis did not tell me that in consequence of Captain Henningsen being so much in his debt he would not advance it on his credit—I took
the letter to Curlewis in the morning, a memorandum at least—when I saw the defendant in the public-house after the trial, Way was there, and a little clerk of Mr. Davis's, who is here—another of Curlewis's men was there, but I do not know his name—Mr. Sayer was there—there were a good many people there having some bread and cheese after the trial—he made no answer, but looked down—he did not tell me not to abuse him, but Mr. Davis's clerk did—Gurdon never spoke to me—he kept his head down so—he said nothing to any body while I was there—I have spoken to Way once on this subject—he spoke to me, and I answered him—he served me with a notice of trial—I did not say to him, "If Curlewis will forego the 50l. I will not go against Mr. Gurdon"—I swear that, nor any thing of the kind—Way said, "Will you take a drop of gin-and-water?"—I said, "I have not the least objection, I am not ill friends with you"—he said, "It is a great pity but what Mr. Curlewis and you could arrange things without going to the Old Bailey, it is only throwing money away feeing counsel and lawyers"—I said I wished nothing but what was proper and just; if Curlewis wished to have any thing to do with it, he had better go to Mr. Humphreys, and whatever Mr. Humphreys said, I should abide by, provided Mr. Humphreys was satisfied and recall his words, in saying he lent me 50l., for I would not bear the scandal on my name, for it was false—I did not say if Curlewis would forego the 50l. I would not go on—nor if Curlewis gave up his claim for the 50l. I would settle this business, nor any thing of the kind—Way mentioned it three or four times, and then called me out of doors, and said, "I wish you would settle it, it is a great pity to throw away your money with counsel and lawyers"—I said, "Justice must be done, I will not bear the scandal"—I insisted he should recall his words—I said if Curlewis would recall his words about lending the 50l. I was willing to settle it, if Mr. Humphreys thought proper—I said nothing about paying the expenses—very few minutes occurred—he said he had a long way to go—nothing was said as to whether Curlewis would pay the expenses, nothing of the kind.
MR. PHILIPS. Q. When Way served you with notice of trial, what did he say? A. He said Mr. Lewis, the attorney, did not know me, and as he knew me it was better for him to come up, and so he did—that was all—this conversation did not take place at that time, but about a month after—it was last Friday night—these are two notes I had from Curlewis—(looking at them)—this is the memorandum of the 18l. of Captain Henningsen—Mr. Sayer and Haines were present when I spoke to the defendant in the public-house, after the trial, and had the opportunity of seeing what I state.
(The witness Haines was also recalled, but Mr. Adolphus declined cross-examining either witness respecting what passed at the public-house.)
THOMAS PINN . I am a tailor, and live in Exeter-street, Lisson-grove. I work for my uncle, who lives in Bond-street—I was in the service of Mr. Curlewis from May, 1836 to May, 1839—I know the defendant—he came into Mr. Curlewis's service in January, 1838, as porter—I believe he left in November the same year—it was before Christmas—he was not in Mr. Curlewis's service in February, 1839, as far as I know—he was not in the shop, from the time he left till May, 1839, when I left—I remember Mr. Cox coming to Mr. Curlewis in February—I cannot tell the day—I know Captain Henningsen—he was there that day—he came in before
Mr. Cox—I heard Captain Henningsen say, "Oh, here is Cox"—Mr. Cox was directed to come in the evening—I was in the cutting-room in the evening when Mr. Cox came—he was shown into the little room adjoining the cutting-room—I remember his coming out—he had some notes in his hand—I believe there was more than one—I heard Mr. Curlewis tell Way to take a memorandum of the 50l. on Captain Henningsen's account—Way wrote a memorandum, and Cox signed it.
Cross-examined by MR. ADOLPHUS. Q. When did you go into Mr. Cox's service? A. In 1836—I continued in it till 1839—I was not out of his service any time, that I am quite sure of—the defendent was not in his service in any way from the time he left till after February—he used to come backwards and forwards—I do not know what he came for—I do not know that he collected debts and things for him—he was not there all day as I was—I cannot tell whether he was not employed as an occasional on-and-off servant—I left Mr. Curlewis in consequence of a quarrel about some clothes going home—it was not about any thing else—(looking at some duplicates)—I know these duplicates, they belong to me—I gave them up to Mr. Curlewis—most of them are for my own things, some are for things of his, which I pawned without his leave—I sometimes took things to the pawnbrokers for him, but not these, these I pawned for myself, and kept the money—here are eleven duplicates of things which I pawned of his from July, 1839, to January, 1840—I was not in Mr. Curlewis's service then, but I used to go backwards and forwards, and do about for him—I never could get any thing for doing it, I was obliged to take the things, no one advised me to do so—Hindmarsh did not know of my doing it—I believe what I pawned amounts to rather more than 5l.—I was with Mr. Curlewis three years, and if he had paid me in an honourable sort of manner it would not have occurred—I can blame him for it—he does not owe me any thing by agreement, but he does by right—I had no regular salary—I used not to be paid for two or three weeks sometimes—I went to him by my father's wish, and he paid me what he pleased—there was no agreement—I had been there three years when I took these things, and when I left him he employed me to go to different places for him—these other duplicates are for things of my own—I sometimes pledged in one name and sometimes in another, but I generally gave the name of Wright I believe, that is my brother-in-law's name—I was subpoenaed in the cause at Westminster, and attended, but was not called on—I do not remember going to a Mr. Pinch in February, 1839—I do not remember the defendant employing me to go there—I was looking after him by Mr. Curlewis's instructions—the defendant said he had found some clue to him—he interested himself about Mr. Curlewis's business the same as I did—I am quite sure when Mr. Cox came out of the little room that I saw notes in his hand—there seemed more than one note to me, but I did not take particular notice—they were Bank notes—Mr. Cox held the door open, and Mr. Curlewis called out to Way—4 do not know what he did with the notes—he came out, and went away with the notes in his hand.
MR. CLARKSON. Q. You remember Mr. Cox coming twice, morning and afternoon? A. Yes—Gurdon was not there, either of those times—I gave these duplicates up to Mr. Curlewis when he accused me of it—that was at the beginning of this year—I had left his service in May, 1839—he told me to see that some things went home, and when he came down
and found they were not gone, he accused me of neglect, and said I might go there, and then if I liked, and I did—I had no regular wages when I first went there—my father worked there at the time—I pawned these things as I was in want of money—three or four weeks before I left, Mr. Curlewis said I was to have my board and lodging, and 5s. a week, and if I behaved myself I was to have more—he paid me once or twice, but I never could get it regular—he knew I had no other means of living, but by my wages—I applied to him from time to time for my wages—I cannot exactly say whether Mr. Curlewis was in good or indifferent circumstances—when he spoke to me about these things, I told him where I had pawned them, and gave him the tickets, and the tickets of my own as well, so that he might see how I lived, and I have never been able to get my own tickets since—I was not in the habit of going to job for him after I gave him the tickets—he sent for me once or twice afterwards about the trial at the Queen's Bench—I think that was some time in February last.
MR. PHILIPS to MR. COX. Q. Was the 50l. you got in a single note, or how? A. Different notes.
Cross-examined. Q. What did you do with those notes when you got them? A. Paid them to Mr. Wright—I put them into my pocket as I came out of the room—I never said that it was a £50 note that I received.
RALPH HINDMARSH . I am a tailor, working on my own account, and live in——court, Regent-street. I was in Mr. Curlewis's employment until the 2nd of June, 1840—I entered it about the 22nd of February, 1839—I was there during the trial of Curlewis against Cox on the 28th of May—Gurdon was then in Mr. Curlewis's employ—he was not in his employ when I went into it—he was not in Mr. Curlewis's employ during 1839 at all—he came into the employment about a fortnight before the trial of Cox and Curlewis—on the 26th of May I saw Gordon when I returned from being out a little—he said the potman from the French Horn public-house had come over to inquire if Way was in, and he told him he was not in, although at the same time he was sitting at the desk, as he supposed he came to subpoena him on Mr. Cox's side—he told me to go over to the public-house, and see if it was Mr. Cox, for I knew him, and he did not, he had never seen him—I am sure he said so.
Cross-examined by MR. ADOLPHUS. Q. You went into the service on the 22nd of February? A. Yes—I call that the latter end of February—(looking at a paper)—this is my handwriting—I did not go into the service in the beginning of February—I entered it on the 22nd.
JOHN THOMAS ROSE THORN . I am in the service of Mr. Hailstone, a draper, in Marylebone-street; I was formerly in the employ of Mr. Curlewis from the latter end of January, 1839, to the first week in March. The prisoner was not in Mr. Curlewis's service in February, 1839, not in the way of business, as regards the tailoring—I do not remember Mr. Cox coming to Curlewis's.
Cross-examined by MR. ADOLPHUS. Q. Although not in the tailoring business, was the defendant in Mr. Curlewis's employ, from day to day, and coming there constantly on his business? A. That I cannot say correctly, but he was there, backwards and forwards—he was not there in the tailoring business—if there was any secret correspondence I cannot say—
he was there different days and times, not every day—he and Mr. Curlewis were together in a private room, and I could not clearly understand their conversation—I cannot say when Hindmarsh first came, but he came while I was there on a job—he had been employed previously—he was not there on the 2nd of February—he came the last week in February—I fetched him myself.
RICHARD WRIGHT . I live at No. 44, Edgware-road. I was the holder of this 60l. bill—(looking at it)—when it became due Cox paid me for it—he gave me 50l. at first, 5l. one day afterwards, and 5l. at another time I gave him up the bill when he paid me the last 5l.
Cross-examined by MR. ADOLPHUS Q. In what form did he pay you? A. I think five 10l. notes—I received the 50l. on the 2nd of February, I think, in the afternoon, before tea—I think it was between dinner and tea—I drink tea at five o'clock.
MR. PHILLIPS. Q. At which time, in February, it is pretty near dark, is it not? A. Yes.
MR. ADOLPHUS called
HENRY CHARLES CURLEWIS . I am a tailor, and live in Hanover-street, Hanover-square. I know Mr. Cox—I lent him 50l. about the latter end of January or February, 1839—it was the 2nd of February, I believe—Gurdon was in my employment at that time, as a sort of clerk and managing man—he used to collect my accounts out of doors, and whatever I had to do—he was in the habit of coming backwards and forwards occasionally to my place of business—I believe he had an occupation at a Water-proofing Company in the Strand at the same time—he divided his time between me and the Company—I should say I had the most of his time—on my lending Mr. Cox the 50l., I called Gurdon in and told him to notice my giving Mr. Cox the 50l., which I lent Mr. Cox—I gave a 50l. note—I am quite certain of that—Gurdon came forward at my desire, and saw me give it to Mr. Cox—at the time I gave it, I begged Mr. Cox to return it to me as soon as possible, and he said he would do so—I lent him the money on his own account, to him himself, and not to Captain Henningsen—Way was my clerk at that time—I am not positive whether he was there—I delivered the money to Mr. Cox in a little room separated from the room of business—Gurdon came into the room when I called him—any one in the outer room could hear me call—I was in the habit of doing it—at that time Captain Henningsen was in my debt—he did not apply to me at that time to lend him 50l., or pay 50l. for him—I should not have done so if he had—he had no claim on me at that time, not for a farthing; he owes me some hundreds—Hindmarsh was not in my service at that time—he came about the latter end of February, or beginning of March—Gurdon has gone to Mr. Cox with messages from me—I am satisfied Mr. Cox must have been acquainted with Gurdon's person, because he has come on business to my house when Gurdon was there—he had opportunities of seeing Cox, and Cox seeing him—Pinn was in my service then—he has now left—I have known him, to the best of ray recollection, I should think, two years, or perhaps not so long—I have, unfortunately for myself, had opportunities of judging of his conduct and character—from what I know of him, I certainly would not believe him on his oath—I discharged him for stealing—I have known Gurdon since the latter end of 1837—I had the best of characters of him from a Captain Birt, as excellent a character as one man could give another, and he deserved it.
JURY. Q. Where was Gordon when you called him in? A. In the room, with other persons—they might have heard me call him—I do not know whether Way was there, but Walkden, the foreman, was.
Cross-examined by MR. PHILLIPS. Q. Had you been very intimate with Cox? A. No, not at all—I have not had any money transactions with him, except in this instance—this was the first and last—I knew but little of him—I considered him a very respectable tradesman—he gave me an I O U for the money—I have not got it—I have mislaid it—I have looked for it for the purpose of this indictment, and I looked for it before, but I have not been able to find it—I have mislaid it with some other papers—I was not particularly flush of money, I expected it to be returned in two or three days, but I took an I O U for it—I did not ask for it till I saw Mr. Cox—I cannot say when that was—I think it was about three weeks after—I knew where he lived—I expected it to be returned in two or three days, but still I was not surprised at its being longer—he did not pay it to me in three weeks—I did not ask him for it again, because I had a horse of mine standing at Mr. Cox's, and had a debt of my own incurring—that was my reason partly—to the best of my recollection I had two horses standing there after December, 1838—I will not Swear I had two there up to January, 1839—I think I could almost swear that I had one horse there after 1838—I do not wish to swear that which I do not consider to be true, but to the best of my belief I had two horses at that time—I do not know whether Cox called twice on the 2nd of February—I cannot tell whether he did or not—I cannot recollect whether Cox was with me in the morning of the 2nd of February when Captain Henningsen was there—I do not think he was—I would not swear it, because I am not positive—he did not come in the evening—it was in the afternoon that he got the money—I think about three o'clock—I do not recollect saying, in the morning, in Captain Henningsen's presence, that I had a cheque of a large amount to send into the City, but if he would call in the evening he should have the 50l.—I do not think; I ever spoke to Mr. Cox about a cheque—I will swear I did not say so, nor any thing of the kind—nothing of the kind took place—I did not see Mr. Cox and Capt. Henningsen together at my place that morning—I tell you to the best of my recollection—it is impossible for me to say who calls after seeing twenty or thirty persons in my room—I cannot say who may call two years or eighteen months ago, it is a circumstance I would rather not swear upon—I have never gone by any other name than Curlewis—I never assumed the name of Garth nor Best, that I swear—nor "The little Colonel"—persons may have called me so foolishly, but I never assumed the name—I will not undertake to swear I have not answered to the name of Garth in a foolish way—I believe I have in one or two instances—I never went by the name—I cannot help what people call me—I do not call answering to a name, going by it—I will swear I never went by the name of Garth, nor Captain Garth—I have answered to it—I never answered to the name of Best, nor any other name but Garth and Curlewis—I cannot tell how many actions were brought against me between the 13th of January, 1838, and the 4th of January, 1840—I dare say there were a great many, for, unfortunately for me, I have had to pay for other persons' debts—they are not my own, not legitimately—I will not swear there were not thirty-nine actions brought against me, but I believe they are paid—I know they are, more to my misfortune—I paid
them for other persons—I cannot tell whether my own father was the plaintiff in any of them, he might have been, I will not be certain—if he was, it could not have been maliciously—if he was, it was merely a writ, it never went further—it was some object on my father's part—it was a friendly action—I swear that positively—he might, very likely, have brought two friendly actions against me, I cannot tell—I might, very probably forget two out of thirty-nine actions—if my father was to bring an action against me, I should take very little notice of it, because I should be certain he did not do it from any malicious feeling against me—I will not swear there were not fifty actions brought against me in 1838 and 1839—I have not been a bankrupt since 1838, that I swear—I never was a bankrupt but once, and that was in 1831—I never compounded with my creditors, nothing of the kind—I will not swear there were not three actions pending against me in the same month that I lent Cox the 50l.—I think it very probable there were, but I am very doubtful whether there were—I cannot remember whether George Samuel Ford brought an action against me on the 4th of February, 1839—I will not swear he did not, nor that Roger Peek did not bring one against me on the 30th of February—I do not know the name of Penthala—I will not swear that a third party did not bring an action against me in that month, nor that three more were not brought against me in March, and three more in April—I have had a man in possession at my house within the last two years—I have not had two men in possession at the same time, one up stairs and the other in the kitchen, on different suits; that I swear—I have had more than one man in possession within these two years—I cannot recollect how many, perhaps five or six times for other persons' debts, which I have been security for, bill transactions—my name was on the bills—I do not think I have had a man in possession a dozen times within the last two years—I do not wish to swear any thing about it—I will not swear it, but whatever it was they have been paid—I ultimately paid Mr. Cox's demands—I cannot recollect how soon after he made the first demand I paid it—it might be two months perhaps, I am not positive—I will not swear it was not ten months—I paid the money for the horse's keep, I believe it was 40l.—I paid the whole and the costs—I do not know what they were—I paid them myself, through a friend, not through an attorney—I have no idea what the costs were, perhaps 17l. or more—I will not swear the whole amount was not 80l.—I do not recollect—I do not believe an execution was put into my house before I paid it—I am not certain—I did not execute a bill of sale, nor offer to execute one—I think I was informed the execution was coming in—I did not pay it till after that information was given me—I cannot recollect when I paid it—Mr. Cox drew up the I O U in the little room, at the time I gave him the 50l. note, at least he did not draw it up, I drew it up—there was pen, ink, and paper in the little room—that was the only document that passed on the subject of the 50l., that I am sure of—that I drew up myself—I gave it to him to sign, and he returned it to me—I have mislaid it—Mr. Cox owed me 23l. for clothes—I cannot say when—(looking at a letter)—this is a letter written by my clerk, but not with my sanction, that I swear—as there is a new trial to take place on this subject, is it right that I should be called upon to make a case out, as is evidently being done, by a reference to this document?—I never made any claim on Mr. Cox except in writing—I never authorized any one to make a claim of 23l. on my behalf
on Mr. Cox or his attorney—I did not know of its being made—I have known of it since—Mr. Way, my clerk, made it without my authority—I am positive that no document passed on the subject of this 50l. except the I O U which I drew up, and Mr. Cox signed.
COURT. Q. Do you mean to represent that Way did not make a memorandum of it at your suggestion? A. No, none that I ever saw or heard of—I never desired him to make one, nor call him to make one, nor was there one made that I know of—I never said to Way, "You bad better take a memorandum from Mr. Cox and give it to Captain Henningsen when he comes"—I swear that.
MR. ADOLPHUS. Q. You have been asked about the name of Garth, did you ever contract a debt in that name in your life? A. Never—I never accepted or endorsed a bill of exchange in that name—it has been mentioned to me in a jocular manner sometimes—the same observation was made as to "Colonel" by my customers—in the course of my business I have to receive acceptances and pay them away in large numbers—many of them were dishonoured, and in consequence of that actions have been brought against me, but I was security for parties, independent of my business, and those were the cases in which the actions were brought against me—those are the only cases—it was by my name being on bills of exchange—I have borrowed money, and had myself sued on it—sometimes the actions have gone to execution—the Sheriff has put men in possession, and I have paid them out—with respect to Cox's action I acted entirely under the advice of my attorney—I am a solvent man—if my books were fairly balanced, and my accounts paid, I should have a surplus of 8,000l. or 10,000l.
COURT. Q. Do you not keep account of the numbers and dates of notes? A. No—I never did in my life, nor ever put my name on the backs—I do not keep a cash-book—my bills of trade are entered by Mr. Way—I swear that I did not advance the 50l. at the suggestion of Captain Henningsen, or to his credit—I had not seen him that morning, nor had I seen any letter from him or in his handwriting that morning—I had the 50l. note in my pocket with two or three 10l. notes beside—I had not had it from a banker's that morning—I have no banker's account—I had 70l. or 80l. in my pocket.
HENRY WAY . I am in the employ of Mr. Curlewis, and have been so about two years and a half. I have seen Mr. Cox call there several times—I believe I was not present when the money was lent—I sit at a raised desk in the cutting-room—I believe I saw Mr. Cox there about the 2nd of February—I did not see him in the little room when Gordon was called there—I have seen Gurdon come out of that little room many times—I do not remember any particular day—I did not on any day in February make a memorandum of any transaction between Mr. Cox and Mr. Curlewis—Mr. Cox never came to me to desire me to make a memorandum in the presence of Mr. Curlewis—I never drew out any paper which Mr. Cox signed—I have seen a paper, but I never drew it out—the whole of it is in Mr. Curlewis's hand-writing, except the signature—I remember the action being tried at Westminster—I was subpoenaed as a witness by Mr. Cox's attorney—I was in Court the whole time, but I was not called—I believe Mr. Cox was in Court the whole time—I saw him part of the time—the defendant was in Mr. Curlewis's employ from the end of November up to the 11th of March—he was in the habit of coming backwards and
forwards constantly there, although he apparently had left the service—I have made out several accounts for him to collect, and on the 11th of March he brought the money for one of them, for which he was allowed a commission, I believe—he had been doing that, I believe, from the time he left to the 11th of March.
Cross-examined by MR. CLARKSON. Q. Where was Mr. Curlewis in October, 1839? A. cannot tell at the moment—he might very possibly have been out of the way—I cannot tell whether he was or not—he is like other men in large business, now and then pushed for money—he has had several actions against him—it was not my business to judge whether or not he thought it necessary to get out of the way—if you mean, has he been denied to persons who have called on him, I will say he has been, to avoid writs—I do not think that was the case in February, 1839—I think that sort of thing did not commence till much later—I cannot fix the date of their commencement—I should say I first knew him in difficulties in 1839, about the middle of the year—I do not know how many actions there were against him that year, nor how many in 1838—I do not know from him that he was a good deal sued in 1838—I remember his being threatened to be sued by Mr. Dangerfield for Cox—I think that was some time at the end of 1839—I do not recollect the month—he generally wrote his own letters—I have written letters on his account without his authority—I remember one particularly which I left at Mr. Dangerfield's desk—I had no authority for writing that, and I nearly lost my situation for doing so—I wrote it because neither Mr. Dangerfield nor his clerk were at home, only a boy—as Mr. Curlewis was out of town I went to request Mr. Dangerfield to wait till he returned—I do not know where Mr. Curlewis was at that time—he might have been at St. Alban's, or somewhere else—I saw the I O U at the beginning of this year, after Mr. Dangerfield had commenced Cox's action against Mr. Curlewis—Mr. Curlewis showed it to me in the little room—I cannot recollect in what month it was—I know it was in the beginning of this year—I should rather say it was February—this is the letter I wrote to Mr. Danger-field, without Mr. Curlewis's authority—[(letter read)—" Messrs. Danger-field. Gentlemen,—I have received a letter from Mr. Curlewis, who has an account against your client, Mr. Thomas Cox, amounting to some-where about 23l.; for the difference of the amount he is willing to hand you a small bill, of about the same amount, which has two months to run. There was an overcharge in Mr. Cox's account for a horse and gig, which was had by Captain Henningsen, and not by Mr. Curlewis. I am, Gentlemen, you obedient servant, HENRY WAY, Clerk to Mr. Curlewis. October—, 1839."]—Mr. Curlewis was not in town at that time—I had received a letter from him just previous to my calling at Mr. Dangerfield's—I had seen a letter from Messrs. Dangerfield to Mr. Curlewis before I wrote this letter—I think Mr. Curlewis showed it to me, no, I received the letter during his absence, and called down there in consequence, and saw Mr. Dangerfield's clerk—I think Mr. Curlewis may have seen that letter before I wrote this answer—I certainly think he had, I should say I have no doubt about it—he was in London when he saw their first letter—that was some time previous, I cannot recollect how long—I do not suppose they were very long in taking their proceedings—I know in consequence of the first letter I called on them—I should say it was a week before I wrote this letter—I do not remember the date—I cannot
say how soon after he had seen Dangerfield's letter he went out of town—it might have been a day or two after, or it might, perhaps, have been the next hour, I cannot recollect—I have not got that letter of Mr. Danger-field's—after I called on them, I put it in the fire, most likely—it was destroyed, but I did not destroy it—most likely I put it on the fire—I do not know whether I did—I do not know whether I gave it to Mr. Curlewis—I did not keep a copy of that letter—I wrote that letter in Mr. Dangerfield's office, in consequence of there being no one there but a boy—it was in consequence of the letter which I received from Mr. Curlewis that I called at Mr. Dangerfield's—it was not in consequence of that that I wrote this letter—Mr. Curlewis desired me in his note to call on them—I was not at that time aware of any account, except for the clothes in the ledger—I never preserved that letter.
COURT. Q. Did you write in your letter the substance of the message conveyed in his letter to you? A. I did, with the exception of naming the account of clothes in the ledger, which I was not directed to do.
MR. CLAKSON. Q. Did you receive any instructions whatever from Mr. Curlewis in October, 1839, (in answer to Dangerfield's application on the part of Cox) to say one syllable about a claim of 50l.? A. No, I did not.
COURT. Q. Did you receive instructions to say he had a demand of any amount whatever against Mr. Cox? A. I received instructions, which led me to write that letter, instead of delivering a message—Mr. Curlewis desired me, in his letter to tell Messrs. Dangerfield that he had an account against Mr. Cox, and I, without his authority, or without having had instructions, looked at the ledger, and put the amount in—he had not mentioned any amount to me, or what it, was for.
MR. CLARKSON. Q. You were present at the trial of the action brought by Curlewis against Cox? A. Yes—I was not called at all—I was subpoenaed by Mr. Dangerfield—I did not see the I O U on the trial—I understood it had been lost before that—Mr. Curlewis told me so, I think after he had consulted Mr. Davis about the suits—I think the I O U was taken to Mr. Davis, and the papers were returned to him for his examination—I never saw it afterwards—I think the last time I saw it was in the first quarter of this year—I never saw it after it was in the hands of Mr. Davis—I never saw it in Mr. Davis's hands—it was in the first quarter of this year that Mr. Curlewis told me it was lost.
Q. Have you ever done any thing else for Mr. Curlewis, besides acting as his servant in the trade? A. I have done whatever was required in the business—I have been possession-man for him when the Sheriff has been in—I consider I have never been so but once—I was left with the warrant at the officer's instance—I forget who was the plaintiff—I do not know whether or not it was a friendly proceeding, in order to secure the goods—I believe it was to save expense—I believe it was arranged between the officer and the creditor—Luckett, a Sheriff's officer, came to the premises with an execution, while I was personating an officer—I produced my warrant, as being first in possession, and refused to let him in—that was some time at the latter end of last year, or the beginning of this—I had never done such a thing before—I swear that was the first time—I believe I had two warrants—I cannot recollect any thing of the particulars—I do not remember Mr. Cox's execution coming in—I heard of it—I do not know whether I might have been there or not—I am in Mr. Curlewis's service now—I do not know of any bill
of sale being given to defeat Cox's execution—I have never lent money to Mr. Curlewis, I never had the means—I once put my name to a bill.
MR. ADOLPHUS. Q. When you say, that in October, 1839, Mr. Curlewis might have been out of the way, was he in the habit of going into the country sometimes? A. Yes, frequently—he would have a run for a day or two down to St. Alban's—I should say he is not only solvent, but could pay 40s. in the pound if he had his debts in—he conducts business in a very extensive way, and among the highest people in the country—in the course of his business he incurs many debts, which press on him at a time when he cannot immediately answer them—a letter came from Mr. Danger-field requesting payment of Mr. Cox's account—Mr. Curlewis at that time was out of town—I called at Dangerfield's and asked them to wait a day or two, till he returned—they did so, but he did not come back at the time and a second letter came, and it was in reply to that I wrote this letter—the letter I received from Mr. Curlewis, did not in any way empower or authorise me to mention any amount of money due from Mr. Cox to him, or on what account it was due—I looked in the ledger merely for my own information, and found that balance, not being at all aware of the circumstance of the 50l.—when Mr. Curlewis came back, he was very angry at what. I had done, and threatened to discharge me, and then, for the first time, I saw the I O U.
Q. With respect to your being in possession, was there an officer of the Sheriff in possession before you? A. Yes—the warrant I held possession by was delivered to me by the officer—Mr. Curlewis was aware he was handing me the warrant, and the creditor was aware also—it was done to save expense.
COURT. Q. Who was the creditor? A. I do not remember—I know he was aware of it, because the officer would not have given me the warrant without—Vallance was the name of the attorney, and, I think, Hammond was the name of the creditor—the officer used to call sometimes to see that I was there—no one made any complaint about my being there—I conclude the debt was paid, for the warrant was afterwards given up—the attorney in that proceeding had done business for Mr. Curlewis—if his father was a creditor on either of those occasions, his name did not appear.
(The prisoner received a good character.)
GUILTY.—Recommended to mercy by the Jury and Prosecutor, considering him to have been a tool in the hands of other parties.
Confined Twelve Months, and fined One Shilling.
NEW COURT.—Monday, August 17th, 1840.
Fifth Jury, before Mr. Sergeant Arabin.
CHARLES BROWN . I keep the Jolly Farmer public-house, at Edmonton. On the 29th of July, the prisoner and his wife came in about three o'clock in the afternoon—the wife had half-a-pint of beer in the tap-room, and the prisoner came into the ground where some persons were playing at quoits—I do not know when they went away—I lost a jacket, and a handkerchief which was in the pocket of it, off the horse-trough, by the side of
the ground where the persons were playing at quoits—I took it off and threw it there—the prisoner was there, but I do not know whether his wife was—I put it there about half-past four o'clock, and missed it about six—the prisoner was then gone—I took an officer and went to a lodging-house the next morning—we found the prisoner and his wife in bed—the officer asked them for the jacket—they both denied knowing any thing about it—I said, "You must get up and go with me"—the woman said she would not get up while we were there—I then told the officer to search—he opened a cupboard in the room and found the jacket—I then inquired for the handkerchief, and the woman said she had pawned it—this is my handkerchief and my jacket—(looking at them.)
Prisoner's Defence. I am quite innocent—I went into the skittle-ground, and was there three or four hours.
RICHARD WATKINS (police-sergeant N 39.) I produce a certificate of the prisoner's former conviction, which I got at the Sessions House, Clerkenwell—(read)—I was in the Court at his trial—he is the person—I have known him for years—he is a very bad character.
GUILTY . Aged 50.— Transported for Fourteen Years.
NOT GUILTY .
GUILTY . Aged 52.— Confined Three Months.
1922. ROBERT STYLES was indicted for stealing, on the 1st of January, 8 yards of Orleans crape, value 1l. 18s.; 17 yards of twilled cotton cloth, value 12s. 6d.; half a skin of leather, value 1s. 6d.; 15 pairs of braces, value 3l.; 18 braces, value R 16s.; 45 belts, value 1l. 13s.; 312 brace button holes, value 13s., the goods of John Stewart Margetson and another, his masters; to which he pleaded
GUILTY . Aged 25.— Confined Nine Months.
GUILTY . Aged 21.— Confined Three Months.
LEWIS LANE PITTMAN MORTIMER . I am in partnership with my brother, we are wholesale ironmongers—the prisoner was our porter—we have a warehouse opposite my dwelling-house in Bush-lane, Cannon-street. On the 25th of July, about half-past eight o'clock in the morning, I was at my bed-room window, and saw the prisoner take a very heavy basket from my warehouse door—I called my in-door servant, and told him to follow
the prisoner and see where he went to—he returned in about half-an-hour—I got a search-warrant, and went with the officer to examine the premises of the receiver named Gordon—this property, which I suppose to be mine and my partner's, was pointed out by Gordon as having been received from the prisoner—Gordon acknowledged that he had on previous occasions received property from him—the prisoner had been in our service about a year and a half—there was no basket found there—the property was taken from a case in Gordon's warehouse.
Cross-examined by MR. PAYNE. Q. Who was present when you searched Gordon's place? A. Roe, the officer, and my partner—I cannot swear to this being our property.
COURT. Q. But you had property of this description? A. Yes, and with these nails was found a tally.
GEORGE COSTER . I am in the prosecutor's service. He told me to follow the prisoner, who was carrying a basket on his shoulder, which appeared to contain something heavy—he took it to Mr. Gordon's, on Bread-street-hill—I saw him go into the shop—I went back and told my master.
Cross-examined. Q. Did you conceal yourself? A. No, I walked straight along—it was a square wicker basket—I believe it had two handles.
JOSEPH STONE . I live with Mr. Gordon. He is a cooper. About half-past eight o'clock in the morning, on the 25th of July, the prisoner brought a basket, and said he had brought some nails for Mr. Gordon—he left the nails there—I did not see any money pass, but the basket was emptied, and he took it away with him—I saw the basket emptied, and it contained nails like these that are here—I was there when the officer came, and he took the same nails.
Cross-examined. Q. Did you leave the place before the officer came? A. I might have left it two or three times—sometimes a person comes in for a cask, and I have to go with it—I cannot swear whether I went out or not—the officer came about eleven o'clock—I cannot swear that I had not been out half-a-dozen times.
JOHN ROE . I am a City officer. On the 25th of July I went, with a search-warrant, to Gordon's house—I found these nails there, and Stone found this tally amongst them—I then went to the prosecutor's, and found the prisoner—I told him I was an officer, and I was going to ask him some questions, which he was not bound to answer without he chose—I then asked him what he took away in the basket that morning—he said, "Rubbish"—I asked where he took it to—he said, "To the dunghill"—I said, "Are you quite sure?"—he said, "Yes"—I said, "Did you not go to Gordon's house, on Bread-street-hill, with it?"—he said, "Yes, I did"—I then took him.
MR. MORTOMER re-examined. This is a tally, used to designate nails that we have in our warehouse—it is a written tally—I can swear it is one of ours.
Cross-examined. Q. How many persons have you in your employment? A. About nine—they are not all porters—this tally is written by Elvin, who is still in our employ.
(The prisoner received a good character.)
GUILTY. Aged 44.—Recommended to mercy by the Jury and Prosecutor.
Confined Six Weeks.
HENRY KINGSFORD . I am a solicitor. On the 27th of July I was in Bridge-street, close to Black friars-bridge—I was told I had lost my handkerchief—I went to the station-house, and saw my handkerchief drop from the prisoner as they stripped him—this is it—(looking at it.)
EDWARD BURGESS (City police-constable, No. 829.) I was in Bride-lane, and watched the prisoner, who was in company with two more boys I saw him take something from the prosecutor's pocket, and put it under his white apron, in his trowsers—I ran and secured him, and sent a person for the prosecutor—I took the prisoner to the station-house—the other two ran away directly they saw him secured—I found this handkerchief on him—in taking down his trowsers it dropped from him.
Prisoner's Defence. Two boys picked the gentleman's pocket, and they Chucked it at me.
GUILTY .* Aged 13;— Transported for Ten Years.—Convict Ship.
1926. WILLIAM BERESFORD was indicted for stealing, on the 27th of July, 1 till, value 3s.; 1 half-crown, 2 sixpences, 1 four penny-piece, 5 pence, 120 halfpence, and 99 farthings; the property of Joseph Ruddy.
JOSEPH RUDDY . I keep a public-house, in Great New-street, Fetter-lane. On the 27th of July, between nine and ten o'clock at night, I Was sitting in my back parlour—I have got a bad knee—my wife was with me—perhaps she was a little slumbering from the fatigue of the day—I heard the money rattle in the till inside the bar—I gave my wife a slap—she jumped up, ran out, and I followed her—I had a distinct; view of the prisoner under my gas-lamp—my wife and servant followed him—he was taken before he got half-way down Goldsmith-street—I distinctly saw my till in his hand—this till produced is mine, and has the money stated in it.
Prisoner. Q. Did you see me go in? A. No—you came in like a dog, on your hands and knees.
JOHN YATES . I live in that neighbourhood. I heard a cry of "Stop thief," and saw the prisoner running towards me, carrying this till in his hand—I ran across the street, and when he saw me he threw the till into the middle of the street—I caught him—he made a great struggle to get away—I gave him into custody.
GUILTY . Aged 17.— Transported for Seven Years—Convict-Ship.
FRANCIS DYMOCK . I am in the employ of Samuel Sadler and others, linen-merchants, Ironmonger-lane. The prisoners came there with a cart, on the 23rd of July, about twelve o'clock—they said they came for a box
of linen—they did not say for whom—I knew that they worked for Messrs. Pellatt and Watts, of Tenter-street, Moorfields, who are in the habit of sending for orders every day—I told Scott to go into the lower warehouse to hook on the box—I went up to the crane, and left Scott in the lower warehouse to hook on the box, and Webb was outside with the cart, in the yard—while I was looking out at the loop-hole I saw Webb come out with the linen, and put it into the cart—he shut the cart up—it was a covered cart—I came down, and then the prisoners were both at the cart—I suspected what I saw Webb take out was linen, and I said "I must have a mark out of the box," meaning the box of linen that they had just put into the cart—Scott said I had already taken it out—I said, "Yes, but I must take the number out;" I wanted to get into the cart, but Scott jumped up, and would not let me get in—Webb was then standing by—I told my master, and we went to Pellatt and Watts—Scott was there unloading the cart, and Webb was carrying the goods into the ware-house—(the parcel I saw Webb take out was in blue paper)—I asked Webb what he had done with the parcel he took out in a blue paper—he said he had taken nothing at all out—I said he had—Scott said it was no such thing; if we had lost two pieces of cloth, they had not got them.
Cross-examined by MR. PRENDERGAST. A. When Webb put the parcel in, Scott was not there? A. No; he was below, Hooking on the box—the linen was taken from the first-floor, and the box was down in the cellar—I believe Scott was down there—I left him there, but I was up at the crane in the third floor—Scott could not have hooked the box on the crane in the first floor—the box had been marked with ink, and I had taken out the mark with a scratch; but I wanted to look into the cart, and said, "If I have taken out the mark, I must have out the number"—Scott said, "I will scratch it out," and I gave him the scratches.
THOMAS WHITEFORD . I am one of the partners of Mr. Samuel Sadler and others. This linen is ours—it was kept in blue paper—it is worth 5l.—I went to Pellatt and Watts, and found both the prisoners there—they are in their employ—Webb denied in the first instance any knowledge of this parcel which I accused them of stealing, but afterwards, from a promise of leniency, he said he had taken the cloth at the instigation of Scott—Scott was not then present.
Cross-examined by MR. CLARKSON. Q. You knew that Webb was in that employ? A. Yes—I have known Webb about two years, and Scott about fourteen.
JABEZ JENNINGS . I am in the employ of Mr. Dawson, of Basinghall-street. I met Scott in the street, and he asked me to be so good as to fetch the parcel from the coffee-house in Moor-lane—I went to Mrs. Edwards for it—I told her I came from Scott—I got the parcel, and gave it to the officer.
JOHN ROE . I am a City officer. On the 23rd of July I was sent for to the prosecutor's, and found the two prisoners in separate rooms—I said to Scott, "You are charged with stealing two pieces of linen"—he said, "I am perfectly innocent"—I went with Webb to Mrs. Edwards's, and asked for the parcel—I found it with Jennings.
(Webb received a good character.)
WEBB— GUILTY . Aged 18.— Confined Three months.
SCOTT— NOT GUILTY .
THOMAS BAYNES . I am a stock and brace-maker, and live in Alders-gate-street. The prisoner was in my employ—it was a part of his duty to receive money for me—he did not account to me for the receipt of 16l. 16s. from Ann Edmeston—he was a porter, but he was entrusted to receive money, and ought to account directly he returned—he did not account to me for this, and several other sums.
Cross-examined by MR. BALLANTINE Q. How many sums have you indicted him for? A. One, Sir—I have a son, who is in my business, but he is not a partner, he is but sixteen years old—the prisoner has been seven years in my service—he received at first 10s. a week, it has increased to 18s., and he was receiving that at this time—he has a wife and children—I knew this about the 17th or 18th of July.
Cross-examined. Q. Is there any stamp to the receipt? A. There is not—I recollect making a remark of the charge of one invoice—I paid part of this in sovereigns, and, to the best of my recollection, it was a 5l. note—I pay once a month for what I have.
GUILTY . Aged 23.— Confined Nine Months.
WILLIAM MUNK . On the 30th of July I was coming over London-bridge, between half-past three and half-past four o'clock—I was told my pocket was picked—I put my hand, and found it was the case—the prisoner was pointed out to me—I went and charged him with having my handkerchief—he denied it—I collared him, and took him to the station-house—my handkerchief was found on him—this is it.
FREDERICK RUSSELL (City police-constable, No. 20) I took the prisoner—he denied having the handkerchief—I took him to the station-house, and he took it out of his pocket—the prosecutor's name is on it.
(The prisoner received a good character.)
GUILTY . Aged 18— Confined Six Months.
OLD COURT.—Tuesday, August 18th, 1840.
Second Jury, before Mr. Recorder.
GUILTY . Aged 29.— Confined Two Years.
GUILTY . Aged 16.— Confined Two Years.
GUILTY .* Aged 16.— Transported for Ten Years.
SAMUEL TIBBETTS . I am a solicitor, and live at Oundle. I was with my brother George on the evening of the 9th of August in Gray's-inn-lane, and noticed the prisoner take his hand from ray brother's pocket—he was close behind us—my brother turned round, and the prisoner stopped instantly—my brother collared him, and picked up the handkerchief close behind him—there was nobody near enough to have taken it but him, there was nobody within twenty or thirty yards.
GEORGE TIBBETTS . I was with my brother, and noticed the shadow of a hand coming towards my pocket—I instantly felt, and my handkerchief was gone—I turned round, and saw the prisoner's hand move from behind me—I seized him, and said, "You rascal, you have taken my handkerchief—I found it on the ground—there was nobody else near me—this is my handkerchief—(looking at it.)
Prisoner. He called "Stop thief" after two other men who ran away.
Witness. I never uttered a word to any body but him—I had not used my handkerchief since I left London-street—I felt rather a push thirty yards before—I then felt it, and it was safe—it could not have dropped out.
GUILTY .* Aged 20.— Transported for Fifteen Years.
GEORGE CHUBB SERGEANT . I am a news-vendor, and live in Butcher-hall-lane, Newgate-street. The prisoner was nearly two years in my employment, and went out with messages and newspapers to meet my son at different offices—I frequently employed him to take money from me to my son—on the 11th of February he said, "William wants 2l." which was his usual way of addressing me—I gave him two sovereigns, and then he ought to have come down with evening papers—but instead of seeing him, my son came down, and I found he had not been to my son—I gave him the sovereigns, believing my son had told him to ask me for them.
WILLIAM SERGEANT. I live at No. 2, Holywell-street, Street—I am the prosecutor's son. On the 11th of February I did not desire the prisoner to ask my father for two sovereigns—I did the week before that, and
then he brought it to me—neither on the 11th or 12th did I authorise him to ask for money—he asked me on the 10th if I wanted any money—I said no—he did not bring me any—I did not see him after one o'clock.
JOHN MARK BULL . I am a policeman. I apprehended the prisoner on another charge—I told him what I took him for, in taking him from Guildhall at the first examination, where I heard this charge, he said he did not care what became of him, that he had taken the money and spent it in the skittle-ground.
Prisoner's Defence. I was two years with Mr. Sergeant, and received no wages whatever, and I took the 2l., as Mr. Sergeant threatened to discharge me.
GEORGE CHUBB SERGEANT re-examined. I took him from charity—my son found him sleeping in a cart, and in a starving state—he had 1s. a week, and had board and lodging—he could not write nor read—I endeavoured to teach him both.
Prisoner. That is quite wrong—I own I received 1s. week and no more—he agreed to find me in clothes, board, and money. Witness. There was no agreement whatever—I was keeping him till he could get a situation.
GUILTY . Aged 20.— Confined Two Years.
GUILTY—Of a Common Assault. Aged 40.— Confined Twelve Months.
PETER BULLOCK . I am a labourer at Mr. Carr's livery-stables, Arthur-street West, and live in Glass-house-yard. On the afternoon of the 12th of August I was at work in the livery-stable yard, and saw the prisoner draw this coat out of a headed chaise, get inside the gateway, wrap it round his arm, and run out of the yard—I called to him, followed him, and he dropped it about thirty yards from the gate—I took it up—Jones came up, and I gave it to him.
THOMAS JONES . I received the coat from Bullock—I was passing near the livery-stables, and heard the alarm, saw the prisoner running, and overtook him in about ten minutes at the top of Cannon-street—I asked how he came to take the coat—he said a boy, who he never knew, chucked it to him, and told him to run.
Prisoner. Q. How can you swear to me? A. By your clothes and a striped handkerchief which you had on—I am sure the same person was brought back.
JOHN FOLBIGG . I am a helper at Carr's livery-stables in Goswell-street. I heard Bullock say, "Boy, what are you at?"—I then saw a boy run out with the coat as I was standing eating my dinner—I only saw his back, but I ran after him, crying "Stop thief'—I saw him drop the coat—it was a boy in the same dress as the prisoner had when he was taken.
before he took the coat—I swear to him—a lady and gentleman came into the yard, and he slipped in behind and took it.
Prisoner's Defence. It was not me; I had been looking after a situation; I heard a cry of "Stop thief," and ran as other people ran.
THOMAS JONES re-examined. I first saw him about twenty yards from the stable—he had dropped the coat there—I never lost sight of him—when I took him he said he did not take it himself, but a boy chucked it to him.
(The prisoner received a good character.)
GUILTY . Aged 16.— Confined Three Months.
JOSEPH STANTON . I am a porter at the West London Union Work-house. The prisoner was taken in there for shelter as a vagrant—information was given to me—I watched him and found a shirt in his trowsers belonging to the Guardians—William Savill had the use of it.
Prisoner. Q. Did I not deliver it up before I came out of the gate? A. He was the last that came out—I said, "You walk into the lodge," which he did—I said, "Have you got the shirt?"—he said, "Yes"—I said, "Give it up."
WILLIAM SAVILL . I am an inmate of the house. I went to bed on the 27th of July at eight o'clock—I left my shirt on the table in the hall—it was a dirty one—next morning, about a quarter-past seven o'clock, I found it was gone—this is it—(looking at it)—it was for my use in the Union, and has my name on it.
Prisoner's Defence. I left the workhouse about half-past eight o'clock with another young man, who told me he was destitute of a shirt, and asked me to take one out for him; I did so, and on coming to the door the witness asked if I had it; I said, "Yes," and delivered it up to him.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy. — Confined One Month.
MR. JONES conducted the Prosecution.
ROBERT CORK . I am a carman, and carry on business at St. Dunstan's-hill. The prisoner was in my employment last year—on the 4th of September last I sent him with a cart to Clark and Roe's, in Arthur-street West, London-bridge—he came to me in the evening, and gave an account to my foreman of twenty-three packages taken out and delivered for Clark and Roe; and next morning he gave me the same account; and from some little discrepancy in his money account he absconded—he had taken the horse and cart out about nine o'clock in the morning to ply, and never returned, leaving two days' wages due to him—he left the horse and cart in the street opposite the Custom-house—I saw it there—he did not tell me he did not intend to return—I saw him again on Friday, the 31st of July, this year, in Kingsland-road—I followed him till I met a policeman,
and said to the policeman, "I charge this man with felony"—the prisoner then said, "I did not steal your chest of tea"—I had said nothing about tea, I could hardly identify him, as he was in a different garb to when in my employ, but I have no doubt now that he is the man—since he left me I have paid Clark and Roe the value of the chest of tea, by a running account of more than treble the value—I have debited myself to the amount of 16l. 9s. 8d.—it is the general custom of the trade to be responsible for the value of the goods which carmen have to deliver.
Cross-examined by MR. HORRT. Q. When you send him out with the cart you send him to go any where with it, where Clark and Roe direct him? A. Yes—I am paid according to contract—I made inquiry in the neighbourhood, and gave information to the police, and offered a reward for his apprehension—I did not publish the reward, but promised them 5l. to apprehend him.
MR. JONES. Q. Did you make such inquiries as you thought would discover him? A. I made every exertion I could.
THOMAS CUTMOBB . On the 4th of September I was porter to Clark and Roe. In consequence of directions I went to Mr. Cork's—the prisoner came there in a horse and cart of Mr. Cork's, and I delivered to him twenty-three packages; among them was a chest of tea, directed to G. Oliver, Baldock, a box, and two small boxes—I directed him to deliver them at the Horse-shoe, Goswell-street—that made three packages to be delivered there, a chest of congou, a box of twankey, and two caddies containing tea, which were corded together—he was to book them as three packages—I agreed with him as to the number of packages before he took them away—he said there were twenty-three after counting them, distinctly.
Cross-examined. Q. Did you ever say any thing before about the address on the chest of tea? A. I do not recollect—I handed the packages to the prisoner himself—I put them into the sling, and let them down into the cart—we sometimes employ other carmen, but no other carmen were there that day—I do not recollet having more than one cart there that day—I know we were very slack—if there had been other carts there I must have known it—I was on the first floor, standing at the loop-hole, when I called out to him to count them—there were other packages in our warehouse—the clerk has not told roe the address on the tea-chest—I know it was for Baldock, but I could not exactly tell the name—I noticed the chest more particularly, because it was a very handsome one, and in good condition—I did not notice the address on any other package—I cannot say what the exact address was—he asked me to send down the three packages for the Horse-shoe public-house first—I cannot say how many booking-offices he had to go to—the two caddies were counted as one parcel.
MR. JONES. Q. Did you deliver to any body besides the prisoner a a chest of tea, to be left at the Horse-shoe? A. I did not.
WILLIAM CLARK . On the 4th of September I was porter to Clark and Roe. The prisoner came there with a cart that day—I delivered to him twenty-three packages, and among them one chest of tea, a box, and two caddies, directed to G. Oliver, Baldock—I told him to deliver them at the Horse-shoe public-house—I called to him, "How many packages have you?"—he said, "Twenty-three;"
Cross-examined. Q. Did you let down all these packages by the crane? A. I did—Cutmore was helping to sling them—Cutmore called out to the
prisoner, as he stood at the loop-hole—I called the goods over to the warehouseman, and again asked the prisoner how many he had—he said "Twenty-three."
JAMES MILLWARD . On the 4th of September I was acting as book-keeper, at the Horse-shoe, in Goswell-street. I cannot say whether the prisoner is the man who came there that day with packages—he is very much like the man, but so many come, I cannot say whether he is the person or not—a person came there that day with a box, and two small boxes tied together, directed to G. Oliver, Baldock—there was no chest of tea delivered with them—he paid me 4d. for booking, reckoning them as two packages, and went away—to the best of my recollection he had a cart outside—next morning the same person came to me again with his book—I was very busy with my work, and did not pay attention, but it was the same person both times—the prisoner is very much like the man—I cannot be sure whether it is him or not—I had very few words with him—I saw the prisoner before the Magistrate, after he was committed—I did not see him before the Magistrate when I was examined, he had been committed the day before—the prisoner was not there at the time—they took my evidence after he was committed—he was not asked in my presence whether he had any thing to say—I did not see the Lord Mayor there—I went into a room, but not before the Justice—(looking at his deposition)—this is my signature, it was read over to me before I signed it, but it was the day after the prisoner was committed—the prisoner was there the first time I was there, but I did not see him—I was not examined that day, I was examined next day, when he was not there—I was told he had gone away when I went there—when the person who delivered the boxes came to me next morning, he said the clerk had been making a strange noise and piece of work with him, and that I did not charge enough money, I ought to have charged 2d. more—I said, "Give us your book, and I will put down 2d. more;" and I put down 2d. more under the 4d.—I received the other 2d. and entered it—it stands in our book, "A bundle and box, 6d." instead of 4d.—the prisoner was not with me more than a minute—I will not say the prisoner is the man, I took very little notice of him—I went across and signed his book for a box and bundle of boxes—I have never said that he was the man.
Cross-examined. Q. You were only in the booking-office a short time, because the book-keeper was ill? A. I was only there a short time, as the book-keeper was gone out—I am the ostler—I was in the yard all day, but not in the office—the book-keeper is since dead—I did not received number of packages that day—this was the only thing I received—Mr. Smith, is proprietor of the Horse-shoe—he was not there in the course of the day—he keeps the Three Cups Inn also—I should know a chest of tea by the chest.
ROBERT CORK re-examined. I heard Millward examined—he was not examined before the Lord Mayor—he gave his evidence before the clerk, and the prisoner was there when he gave his deposition—it was read over to him in the prisoner's presence—the prisoner heard what he said—Mr. Harris was the clerk—it was in an outer room, not in the Justice-room—Millward was not examined before the Lord Mayor at all—when we went, the Lord Mayor said there was sufficient to send the prisoner before a Jury, and he was not examined—the clerk desired me to have the witness there next morning, to be examined—I took him there, and the clerk took down what he said in a separate room, and read it over in the presence
of myself, the prisoner, and the rest of the witnesses—I afterwards went before the Lord Mayor, bat Millward did not—he was in the same room as the prisoner when be gave his evidence.
COURT. Q. Were the depositions read over in presence of the Lord Mayor? A. No, in an outer room, where they are all taken, and then they are taken before the Lord Mayor to be sworn to—I was sworn by the clerk—the Lord Mayor was not present when Millward was sworn.
MR. HORRY. Q. Had you a man in your service at the time who has left since? A. Yes.
JOHN FRENCH . I am a policeman. On the 31st of July last I received the prisoner in custody on this charge—he told me he did not steal the chest of tea—before he said that the prosecutor had given him in charge for felony—no one had said any thing about a chest of tea—the prisoner afterwards told me he had received twenty-three packages, and delivered twenty-three.
MR. HORRY to WILLIAM CLARK. Q. Since the 11th of September you have had numbers of packages go through your hands? A. Yes, some hundreds.
COURT. Q. Do you make an entry of every package? A. Yes, I always halloo out to the carman, "How many have you got?" and then we call them over to be entered to the warehouseman—the twenty-three was reckoning the two little boxes as one.
MR. HORRY called
THOMAS COUSINS . I am a night and rubbish carman, and live in Winslow-street, Bethnal-green. The prisoner has been in my service for the last six months, until he was taken* into custody—I have known him eight or nine years—he is a very good, honest, hard-working man—I have sent him to clear goods from a sale to the amount of 8l. or 9l.—I would take him again.
MR. JONES. Q. Did you know him in the service of Mr. Cleaver? A. Yes—I cannot say how long ago that is—he has been jobbing about—I do not know why he left Mr. Cleaver—he has never been in trouble, to my knowledge—I cannot say that I have lost sight of him for the last eight or nine years—I have seen him about Thames-street, with a cart and wagon—I cannot say that I have not lost sight of him for six months at one time—I should rather say that I had not than that I had, but I will not swear it—sometimes I did not see him for a month or two together—he entered my service about six months ago—he drove a horse and cart for me—I paid him by the job—I did not pay him regularly every week—he was entirely in my employ—I might send him to St. Dunstan's-hill—I cart rubbish out of the City—I think he lived with his mother, in Kingsland-road—I have gone and called on him there in a morning—I always found him there—I did not ask him in whose service he had been when he came to me—I did not receive any character with him—I only knew him about as a carman—I never carried chests of tea in my cart—it is out of my line.
MR. HORRY. Q. If he had been in trouble, should you have heard of it? A. If I had heard of it I should not have trusted him to clear goods for me.
GUILTY. Aged 32.— Judgment Respited.
1940. WILLIAM WALKER was indicted for feloniously forging, onthe 30th of January, a request for the delivery of 500 leaves of gold, with intent to defraud William Cobley: 2nd COUNT, for uttering the same, with a like intent.
WILLIAM COBLEY . I am a gold-beater, and live in St. John's-court, King-street, Snow-hill. On the 30th of January the prisoner came and produced this order to me—(read)—"January 30th, 1840.—Mr. Cobley, Please let the bearer have 500 of gold.—Mr.TUBB."—I let him have it—I had known him in Mr. Tubb's employ, and was not aware he had left it—he came several times between that and the 7th of July.
Cross-examined by MR. CHAMBERS. Q. Do you know the hand-writing at all? A. I do not.
WILLIAM TUBB . I am a painter and gilder, and live in Charlotte-street, Fitzroy-square. This order was not written by me, nor by my authority—the prisoner left my service about a fortnight before Christmas—he had no authority to receive gold-leaf for me since the 1st of January—he was about three years in my service—I am not acquainted with his handwriting—I have never seen him write, nor ever acted on his writing.
MR. COBLEY re-examined. I had been in the habit of receiving requests from Mr. Tubb in writing—they were signed "W. Tubb"—this order was the first which the prisoner brought signed thus, and I said "Whose handwriting is this? it is a different handwriting"—he said it was the son's.
Cross-examined. Q. Are you the only son? A. No, there are five others—they are all younger than me—I am nearly fifteen—the next is turned thirteen—I assist in the business, and one of the others does who has just left school, but he did not on the 30th of January—I never write orders.
(Thomas Butler, carpenter, 13, Essex-street, Gravel-lane; John Pellett, fishmonger; and William Batchelor, City toll-collector; gave the prisoner a good character.)
GUILTY of Uttering. Aged 18.— Transported for Seven Years.
(The Prosecutor stated that the prisoner had obtained from him goods amounting to 45l., by similar forged orders.)
FELIX SPIERS . I am a ship-broker, in partnership with Mr. Lawrence Redhead, and live in Trinity-square, Tower-hill—the prisoner was our clerk for about five years. On the 19th of March he was sent to Messrs. Paxton's, Pall Mall, to receive 16l. 13s. 4d., which was due to our firm—on the 15th of April he was sent to Mr. Parry, in Oxford-street—on the 16th I lost sight of him—his duty was to take out messages, copy letters, and do general business in the counting-house—there is a book called "Freights received," in which it was his duty to enter money he received—these sums were due for freights and disbursements—the books are not here—he has not accounted to me for the receipt of these monies.
Cross-examined by MR. CLARKSON. Q. I suppose a great deal of money has passed through his hands? A. Yes, perhaps 200l. or 300l. a-week—he always bore a good character previous to this—his wages were 12s. 6d. a-week.
COURT. Q. Might the multiplicity of his accounts have led to his postponing
his accounting for this particular sum? A. He was in the habit of accounting daily, as far as we knew, for what he received—I do not think he would have repaid this, as he absconded from the counting-house altogether.
NOT GUILTY .
NEW COURT.—Tuesday, August 18th, 1840.
Sixth Jury, before Mr. Common Sergeant.
1942. GEORGE JEFFERY was indicted for stealing, on the 28th of March, 3 rings, value 1l. 4s.; 2 watches, value 4l.; 1 watch-chain and seal, value 19s.; and 2 studs, value 4s.: also, on the 17th of June, 7 spoons, value 1l. 8s.; 1 fork, value 6s.; and 1 ring, value 1l.: also, on the 29th of June, 15 spoons, value 3l. 13s.; 6 forks, value 2l.; and 1 mustard-pot, value 1l. 13s.; the goods of Charles Gibson, his master; to which he pleaded
GUILTY . Aged 20.— Confined One Year.
GUILTY . Aged 16.— Confined Six Months.
1944. WILLIAM PALMER was indicted for stealing, on the 2nd of August, 2 coats, value 1l. 15s.; 1 waistcoat, value 6s.; 1 pen-case, value 6s.; and 1 watch, value 10s.; the goods of William Borman; to which he pleaded
GUILTY . Aged 30.— Confined Four Months.
1945. EDWARD WARREN was indicted for stealing, on the 23rd of June, 74 yards of ticking, value 8l.; 26 yards of lawn, value 2l. 10s.; and 105 yards of calico, value 3l. 3s.; the goods of Francis Barker, his master.
AARON BROOKS . I am porter to Messrs. Strutt of Wood-street. The prisoner came there with a cart on the 23rd of June—I gave him some trusses to put into the cart, and a sheet for Mr. Dixon, containing the articles stated, which were worth about 13l. 14s. 9d., to take to Mr. Dixon's, and I gave him this book to enter it in—I received the book the next morning from another man, but I never saw the prisoner again till he was in custody—I have never seen the goods since—this book is not receipted as it ought to have been in the course of business.
THOMAS PRICE . I am in the employ of Mr. Richard Dixon and Co., of Fenchurch-street. We expected these goods from Messrs. Strutt, but they did not arrive—the prisoner never brought them—I should certainly have known if he had.
Prisoner's Defence. I had other goods in the cart—I went to London-bridge wharf, and delivered two bales there—I had to come up Fish-streethill, and there was a stoppage of carriages—I had to lead my horse, and when I got to Gracechurch-street this parcel was missing—I delivered the rest of the goods I had—I then went home, left the horse and fart, and went about to make inquiry, and again the next morning—I did not tell my master of it—I had property in the cart worth hundreds of pounds.
GUILTY.* Aged 32.— Transported for Seven Years.
WILLIAM HENRY BURGESS . I live in Warren's-yard, Mincing-lane. On the 20th of July, at half-past nine o'clock, I was in Aldgate—I felt something touch my pocket, I turned, and saw the prisoner running across the road, with my handkerchief in his hand—I secured him, and gave him in charge—I saw him throw the handkerchief into the road—I had had it safe a few minutes before.
Cross-examined by MR. PHILLIPS. Q. Did you speak to him? A. No—he did not appear to me to have been drinking.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy by the Prosecutor.
Confined Two Months.
THOMAS WATTS . I am a packer and calenderer, in partnership with Mr. Pellatt. This cheque belonged to an estate to which I was assignee—the prisoner was employed in our warehouse for about two years—I got this cheque from Mr. Brand, clerk to Messrs. Masterman—it was drawn by me on Messrs. Masterman and Co., but had never been made use of—it was filled up in mistake, and left in a drawer in, my iron safe, always under lock and key—I suppose I lost it from there about the 22nd of July—in consequence of having lost it, and seeing it again, an officer was sent for, and we went and searched the prisoner's lodgings—a key was found in his pocket, which would open a desk in which the key of the iron safe was kept—but that would not open the drawer in which this cheque was—that must have been picked—how the cheque was taken from that drawer I cannot tell.
Cross-examined by MR. PHILLIPS. Q. How long the cheque might have been out of that drawer you cannot tell? A. I saw it there about a fortnight previous to its being presented—we have fifty or sixty persons in our employ—there is nothing of value in that iron safe except the books—there was a cash-box in the safe—I suppose there were some bills in it,
but I do not know—there was no cash in it—it is a common sized cashbox, about a foot square—I do not keep the key of it—I saw it after it was opened—I did not look at the contents—I will not swear there was no cash in it—the prisoner's father is in our employ—the prisoner can read and write a little—I have seen him write his name in a very bad way.
THOMAS BRAND . I am one of the cashiers in the banking-house of Messrs. Masterman, in Nicholas-lane. On the 18th of July, about half-past nine o'clock, the prisoner brought this cheque to me, dated the 6th of July, 1833—being dated so long back, I called on Mr. Watts, and when the prisoner came again I said to him, "You did not call again about that cheque"—he said, "No, it was a mistake," and I gave him in custody—this is the cheque—I am sore he is the person who brought it.
Cross-examined. Q. When he called again did he not say it was a wrong cheque? A. No—I understood him it was a mistake—this is my deposition—(looking at it)—I dare say he did say it was a wrong cheque, but I attached the same meaning to that as a mistake—I asked him if he had spoken to Mr. Watts, and he told me had not.
COURT. Q. What day did he present the cheque? A. On the Saturday, and he then said he had received it from Mr. Watts—I asked him where he got it as it was a long date.
MR. PHILLIPS. Q. Did you say that before the Magistrate? A. I do not think I did—when I was giving in my deposition I was going to state that, and the person said it was not necessary.
Cross-examined. Q. Did not this key open his own drawer? A. It did—I opened it with it.
Cross-examined. Q. Had you any? A. No—the balance of that estate had been drawn out years ago, but the date would have struck me, and I should not have paid it till I had seen Mr. Watts about it, and asked him if he authorised it.
NOT GUILTY .
JOHN PAYNE (City police-constable, No, 534.) I took the prisoner—I went to the residence of his father, where he lives, and with the key which I took from the prisoner I opened a drawer, in which I found these two pattern cards, and these pieces of tape—there was a bed in the room—I do not know who slept in it.
THOMAS WATTS . These pieces of tape and pattern cards were the property of me and my partner—we have lost such—they were kept in the counting-house, in a sort of cupboard—the prisoner had access to that counting-house—he used to clean it out—his father works on our premises, but at a different part of them.
Cross-examined by MR. PHILLIPS. Q. Will you swear that his father might not have access to that counting-house? A. He might—it was open—the prisoner was locked up before these things were found.
NOT GUILTY .
ROBERT CHURCHER . I live at Godley, in Somersetshire, and am a farmer. The prisoner lived servant with my father—he had been living with us about nine weeks—I had a box, locked, in my bed-room—I saw it safe and locked last Sunday week, the 9th of August—there were some silk handkerchiefs in it—I did not see the money that day—I had seen it about a fortnight before—there were twenty-five sovereigns, wrapped up in a piece of white paper, in one corner—I went on Monday morning, the 10th, to examine the box—it was then unlocked, and the money gone—the prisoner had left our house on the Sunday evening, without notice—he agreed with us at first for one month, and then he agreed till next Michaelmas—he left about one month's wages due to him—I came to London, and found him at the Bell and Crown inn, in Holborn—I sent for a policeman, and he was taken—there was 16s. 6d. found on him—he lodged in the next room to that in which this box was-two other servants lodged in the house with him, who are still at home.
Cross-examined by MR. CLARKSON. Q. Did you see the money in the box a fortnight before? A. Yes—it might be three weeks—I do not think it was more—I took a sovereign out from twenty-six—I cannot undertake to say that it was not more than a month before—I know I had the key in my pocket—he was quite a stranger when he came to us—I had not seen him with above 1s. or 2s.—it was locked safe on the Sunday morning when I went there to put on my clothes for church—I am sure I locked it—I suppose it is a common kind of lock—the box did not exhibit any appearance of having been forced open—he had no box—he had no clothes but a sleeve-waistcoat and a spare shirt—he brought no box to us he came to us without any character—we do not inquire about characters—I am a farmers's son—he had 4s. a week, and we paid him the first month, that was 16s., and then he remained another month—I think it was a month the very day he left—he had not asked for any money in the interim—he had no watch while with us.
JOHN WHITE . I keep the Bell and Crown tap, in Holborn. The prisoner arrived there last Monday week, by the Bridgewater coach, at eleven o'clock at night—he had his supper, and went to bed—the next morning, when he was going to pay me, he told me he was a stranger, and as I saw he had some sovereigns, I told him he had better let me take care of them he gave me fifteen sovereigns, and in the afternoon he asked me for two to purchase something, and next morning he had one—he had no clothes but what he has on—I kept twelve sovereigns, and gave them to Butcher.
THOMAS BUTCHER . I know the prisoner—I saw him last Wednesday morning—he wished me to get him a situation—he said he had got no box, he had got a little money, and wished me to take care of it—I went and got the twelve sovereigns from Mr. White—the prisoner said he had been mowing in the country, and earned them.
Cross-examined. Q. Did he not say he saved them from his earnings during the summer? A. Yes.
GUILTY . Aged 21.— Transported for Seven Years.
GUILTY.* Aged 27.— Confined One Year.
OLD COURT.—Wednesday, August 19th, 1840.
Third Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 40.— Confined Three Months.
FRANCES MATTHEWS . I am the wife of John Matthews, a plumber, and live in Russell-street, Mile-end. On the 9th of July, about nine o'clock in the evening, I was in Aldgate—I had a handkerchief and a crown-piece tied in one corner of it—I felt a tug at my pocket three times, turned round, and saw the prisoner and three others behind me—they appeared respectable, and I did not give them into custody—a person came up and asked if I had lost any thing—I went into a shop and found the handkerchief and crown-piece were gone—I have not got it again—I am quite sure it was safe before I felt the tug—I had other things in my pocket, which were not gone.
Prisoner. The lady said in the shop she had lost nothing. Witness. I said I had lost my handkerchief and a crown-piece.
GEORGE FRY . I have been in the East India Company's service. I was walking with my wife, and saw the prosecutrix on the opposite side, and saw the prisoner in company with three others—a gentleman directed my attention to them, and I saw the prisoner's band at the prosecutrix's pocket—I watched them some time, and then went and collared him with his hand in her pocket—I did not see him take the handkerchief out—the others were close to him, and could have received it from him—I took him into a shop, and the prosecutrix there said she had lost a handkerchief and a crown-piece.
MARIA FRY . I am the wife of last witness. I was with him, and saw the prisoner there, with one alongside of him and two others behind—I saw, him try Mrs. Matthews's pocket three or four times, and his hand in it—my husband collared him with his hand in the pocket.
GUILTY.* Aged 17.— Transported for Ten Years.
Before Mr. Baron Gurney.
GUILTY of an Assault. Aged 46.— Confined Twelve Months.
1954. WILLIAM SMITH was indicted for burglariously breaking and entering the dwelling-house of John Willoughby, on the 14th of July, at Harrow, about the hour of one in the night, with intent to steal.
JOHN WILLOUGHBY . I live in the parish of Harrow; I keep the house. On the night of the 14th of July, about ten o'clock, I went to bed, leaving the house secure—I was aroused in the morning, at one o'clock, by a policeman calling for assistance—I came down and found my house
opened—somebody had got in at the window, and gone out at the door—a small pane of glass was taken oat of the window, and the casement opened—the policeman had got the prisoner in custody—I missed two keys, which have not been found—I believe they were there the night before.
Cross-examined by MR. HORRY. Q. You found your front-door open? A. Yes—the window is in front of the house also, about ten feet from the door—I have a shed in the field adjoining the house, thirty or forty yards from the window—I found the street-door wide open—it was the sitting-room window that was open—they could get into other parts of the house, having got in at the window—one key belonged to the coal-house outside, and the other to the victuals cupboard—I keep a beer-shop—there had been very few persons in the shop that evening—I did not see the prisoner there—I never saw him before.
Cross-examined. Q. Where did you keep them? A. I hung them on a nail in the passage.
STEPHEN COLEBROOK . I am a policeman. I was on duty that night at Harrow-hill—about one o'clock I was passing Mr. Willoughby's house, and heard a dog bark—I went and saw the prisoner standing against the tap-room window—he made away for the cart-shed—he and another were there—both ran away—I immediately followed, and secured the prisoner—I gave an alarm, and Mr. Willoughby got up and found two panes of glass taken out, one out of the tap-room window, and another out of the front—there was a bar there—they could not get in, but at the room window they could get in—I took him to the station-house, searched him, found this knife in his possession, and a pipe, 8s. 6d. in silver, and 5d. in copper.
Cross-examined. Q. The prisoner was standing against the window? A. Yes—the glass was taken out carefully—one was a small diamond square.
COURT. Q. When a hand was put in, could a man open the window? A. Yes, and the window was open—he had this pair of shoes under his arm, and this waistcoat—the other man was near enough to touch the prisoner—when the prisoner was taken he said he was only going to lie down—I asked what he ran away for—he said he did not know, he was afraid there might be a bother about it.
NOT GUILTY .
1955. RICHARD DAVIS was indicted for feloniously breaking and entering the dwelling-house of Thomas Gilby, on the 18th of July, at St. Peter's, on Cornhill, and stealing therein, 1 pair of trowsers, value 1l.; 1 pair of stockings, value 3s.; 1 pair of socks, value 1s.; 1 pair of boots, value 15s.; 4 collars, value 1s.; the goods of William Still and 1 coat, value 10s., the goods of Edwin Skilbeck.
WILLIAM STILL . I am in the employ of Mr. Gilby, at the Woolpack Tavern, St. Peter's, Cornhill. My property was in a box, on the first-floor back room—I saw my box safe on Friday, the 17th of July, about six o'clock in the evening—I did not miss it till Saturday the 18th, about one o'clock—I found the box forced open in the morning—the window was found open, but not by me—I lost a pair of trowsers, a pair of silk stockings, a pair of half-hose, and four collars; and, from a cupboard in the same room, a pair of boots.
Prisoner. Q. When I lived at the Woolpack, had I not great opportunities
of robbing the house? A. Yes, he had lived there, and had frequent opportunities of robbing me of money.
EDWIN SKILBECK . I am waiter at the Woolpack. On Saturday morning, at nine o'clock, I found the dining-room window open, which I had closed the night before, about nine o'clock—it looks into Corbet-court, at the back of the premises—the court is open, but there is no thoroughfare—a person could get to the window by climbing up the spout at the side—the prisoner had left about three months—I had seen him near the house, and spoke to him, shortly before, and I had seen him twice besides, bat not spoken to him—I lost a coat from the room the same night—this is it—(looking at it).
JOHN HENRY ALDRIDGE . I am assistant to Ann Aldridge, a pawn-broker, in Orange-street I have a coat, pawned on Saturday morning, the 18th of July, by the prisoner, in the name of Charles Sparks, No. 3, Red Lion-street.
WILLIAM MARSHALL . I am in the service of Mrs. Newby, a pawn-broker, in Drury-lane. I have a pair of boots, pawned on Saturday evening, the 18th of July, by the prisoner, to the best of my belief, in the name of John Reeves, No. 14, Drury-lane.
HENRY HEAD . I am a policeman. On Saturday night, the 18th of July, I was coming from London-wall—I heard a cry of "Stop thief," and stopped the prisoner, who was running, pursued by several persons—I took him to the station-house, and found a pair of black silk stockings, a pair of half-hose, four collars, and three duplicates on him, for a handkerchief, trowsers, and watch—the trowsers are those produced.
Prisoner. Did you ever know me rob you of a farthing while there? A. No, I had reason to believe him very honest—there were half-a-dozen spoons and sugar-tongs in the box—Mr. Gilby would not have taken him into his service without a good character.
(The prisoner expressed Ms contrition, and pleaded poverty.)
GUILTY. Aged 19.—Recommended to mercy. — Confined Six Months, One Week in each Month Solitary.
1956. WILLIAM WOOD was indicted for burglariously breaking and entering the dwelling-house of Henry John Frodsham, on the 27th of July, about the Hour of four in the night, with intent to steal, and stealing therein I shift, value 1s.; 1 shawl, value 2s.; the goods of Elizabeth Flershein: 1 time-piece, value 5l.; 1 writing-desk, value 2l.; 11 spoons, value 3l.: 4 sheets, value 2l. 10s.; 1 waistcoat, value 5s.; 1 table-cover, value 5s.; 1 pair of sugar-tongs, value 12s.; 2 knife-rests, value 3s.; 1 sovereign, 6 half-crowns, and 1 5l. Bank-note, the property of Henry John Frodsham.
ELIZA FLERSHEIN . I am in the service of Mr. Frodsham, Charles-square, Hoxton. I was in care of the house. On the night of Monday, the 27th of July, I went to bed between eleven and twelve o'clock—the home was safe—I was awoke between four and five o'clock in the morning—I
heard a cab driving round the side of the house—it is a corner house—I got up between five and six o'clock, and found the house had been broken into by cutting a piece out of the back shutter, large enough to put in an arm and shoulder—the button had been unbolted—I missed the articles stated from different parts of the house, some from the front parlour, some from the back, and some from the kitchen—they had got out through the side-door, which was opened from the inside—it was bolted when I went to bed.
JAMES CLIFFORD . I am a policeman. On Tuesday morning, the 28th of July, about a quarter to five o'clock, I was in Curtain-road, about three quarters of a mile from Charles-square, and saw a cab passing along, followed by a young man whom I knew to be a regular thief, which caused my suspicion, and when the cab came to the corner of Worship-street I saw the mango and speak to the cab man, and after that, the cab passed down the left hand of Worship-street—I immediately followed it, and at the corner of Worship-street the man who was following the cab made a full stop—he turned round to me when I passed him, and said, "Is that a quarter to six o'clock?"—I answered, "It is a quarter to five"—I took no further notice of him, but still followed the cab, and called to the cab-man to stop—the prisoner was driving—I called quite loud enough for him to hear—he did not stop—I still pursued, and saw my brother officer, No. 41, coming towards me—I called to him to stop it, which he did—I went up, and opened the cab-door, and saw this property, tied up in a table-cover—I took him to the station-house, and asked where he got the property from—he said he was called off Shoreditch rank by this young man, to take up in Hoxton-square—I asked him where he was going to take him to—he said to the first coffee-shop on the left, in Shoreditch—I left No. 41 in care of the cab, and returned to endeavour to apprehend the man who was following the cab, but did not catch him.
Cross-examined by MR. PHILLIPS. Q. Do you know whether the man was taken the next day? A. No, not next day—he was taken—I saw him in custody in the presence of the prisoner—the prisoner did not identify him in my presence—his name is Gilchrist—he was discharged for want of evidence.
HENRY CHAMBERS . I am a policeman. I was in Worship-street, and saw the cab coming along—Clifford called to me to stop it—I spoke to the prisoner, and he stopped—I was ahead of him—if he had not stopped I should have stopped him—I found the property in the cab—when I asked how he came by the things, he said he was called by two men off the rank by Shoreditch church to take up in Hoxton-square, which is not half a mile from Charles-square.
Cross-examined. Q. Did you call to the cab-man to stop? A. Yes—I had not gone many yards before the prisoner pointed out to me a man, and said, "That is the man—that man's name was Joseph Gilchrist—I turned round, and saw No. 91 coming up—I jumped off the cab-box, and ran after Gilchrist, but did not apprehend him that morning—I did two days afterwards—I did not hear my brother officer call to the prisoner to stop.
HENRY JOHN FRODSHAM . I live in Charles-square. I did not sleep in the house that night, I slept in the City—when I came home in the morning I examined, and found a hole made in the shutter from the garden, the window lifted up, and they had got in—these things are all mine except
one or two of my servant's—the spoons are still missing—Charles-square is two or three hundred yards from Hoxton-square.
MR. PHILLIPS. called
JAMES SPARKS . I am a driver of a cab. I remember the Tuesday morning the prisoner was taken into custody—I saw him on the rank that morning in Shoreditch—he left it early that morning—I saw one person speak to him, and another besides standing on the pavement—they were young men—the prisoner was ordered to go with the cab—I did not hear what was said to him—he drove off.
COURT. Q. How many cabs were on the stand? A. Six on the rank, and four in front—to the best of my knowledge it was a quarter before five o'clock.
WILLIAM HERITAGE . I am instructed by the prisoner about this case—I know Hoxton—I should say Charles-square is within 150 yards of Hoxton-square—they are so near as to be frequently mistaken—about a week before this occurrence I was sent to No. 8, Charles-square, and found it was Hoxton-square.
(The prisoner received a good character.)
NOT GUILTY .
ANN NOAH . I am the wife of Japheth Frederick Noah, a tobacconist, of No. 8, Upper St. Martin's-lane. On Wednesday morning, the 4th of August, the prisoner came into the shop about eleven o'clock, and asked for half-an-ounce of tobacco, which came to 2d., and laid me down a counterfeit shilling—I discovered it to be bad, and told him so—he left the shop—about half-past one o'clock he came again, asked for half-an-ounce of tobacco, which came to 2d.—I served him—he gave me a half-crown—I noticed it was good, and was very much worn down—I noticed two marks on the side—I gave him a shilling, two sixpences, and four penny pieces—I laid it down on the counter—he took it up, and then said, "I want the 1 1/2 d. tobacco"—I said, "I have not got any"—he said, "I must have, it, or return me my money"—I gave him the half-crown back, he laid down the change, and I noticed there was a counterfeit shilling among it as he was going out of the door—I called to him, "You villain, you have given me a bad shilling in the change"—he took no notice, but ran away—I pursued him—I am quite certain it was not the shilling I gave him, as I had but one shilling in my pocket, which I took out with the two sixpences out of the drawer—I noticed the shilling I gave him had a lion and a crown on it—when I got outside he was walking very quick, and looked over his, shoulder—he saw me, and took to his heels—I ran as hard as I could, and called "Stop thief"—he ran into Lascelles-court—I saw a policeman there, and informed him—I took the change that was on the counter in my hand, marked it, and gave it to the policeman—I saw the prisoner in custody that evening.
Prisoner. I was not in the shop. Witness. I am quite sure of him.
WILLIAM HOWARD . I am a policeman. I was on duty in Earl-street, Seven Dials, about half-past one o'clock in the afternoon, and saw the prisoner running at the head of a mob—I ran after him into Lascelles-court, and in consequence of what I heard, went to a house in Salutation-court, which leads out of that court, and found the prisoner in a loft at the top of a house—I told him he was the man I wanted—he said nothing, but put half-a-crown into his mouth, which I took out, and produce—I searched him at the station-house, and found nothing—I afterwards saw Mrs. Noah at the station-house—she gave me a counterfeit shilling, which I produce—she identified the half-crown, as being very much worn, and having two marks at the side, before she saw it.
Prisoner's Defence. I was never in the shop at all; I know nothing about the counterfeit shilling—at the station-house the lady said I was not the person, and she sent another woman, that said I was not the person A pot-boy, also, said I was not the person.
GUILTY . Aged 34.— Transported for Ten Years.
ESTHER CALVERT . I live with my brother-in-law, Mr. Stowe, a tobacconist in Barbican. On the 9th of July, the prisoner came into the shop for 1d. worth of tobacco, about half-past six o'clock—I served him—he paid me 6d.—I gave him 5d.—he took the tobacco and change, and left—I put the sixpence into the till, where there was 2s. 2d., but no sixpences—in about ten minutes I went to give change for half-a-crown, and found it was bad—nobody had been to the till in the interval—I took it out, and put it under a jar at the back of the shop, which quite covered it—I went to the jar again, when my brother came in, in about two hours, and I showed him the sixpence under the jar—I put it in the same place again—it remained there till half-past eleven o'clock—nobody was in the shop before my brother-in-law came in—about half-past eleven o'clock at night I was in the shop—the prisoner came again and asked for 1d. worth of tobacco and a pipe—I served him, it came to 1 1/4 d.—he gave me a shilling, which was a good one, for I examined it—I was going to give him change for it—he had not asked for the pipe then, but when he saw I was going to give him change, he had a pipe—I said it came to 1 1/4 d. together—he then said, "I shall not want change, I have halfpence sufficient," and put down 1d. and took the shilling up—I said, "A penny will not pay five farthings"—he said, "Then I must have change," and put me down another shilling, which I saw was a bad one—I took it in my hand, my brother-in-law was in the parlour—I walked along the shop, and said, "This man has brought me a bad shilling, and he is the same man as brought me the sixpence before"—he said, "Give me that, and I will give you another"—I refused to give it to
him, and then he threw 2d. on the counter—I would not give him the shilling—and when he saw my brother come out, and call out, "Stop him, do not let him go," he threw his pipe down and ran away—my brother went after him and brought him back in about two minutes—a constable was sent for—he was detained in the shop, and said to me, "If you give me that, I will give you another; you say you have a bad shilling, let me see it"—I said, "No, you shall not see it, the policeman shall see it;" I gave it to the policeman, and after he was secured I went to the jar, found the sixpence, and gave that to the policeman.
HENRY BROOKWELL . I am a City police-constable. On the 9th of July I was on duty in Barbican—my attention was attracted to Mr. Stowe's shop, about half-past eleven o'clock—I went and found the prisoner there, took him into custody, and received a shilling from Calvert, and a six-pence, which I produce—I searched him, and found two penny-pieces and some tobacco—he resisted in a very violent way.
Cross-examined by MR. PAYNE. Q. Have you kept the shilling and sixpence ever since? A. Yes, I am certain they are the same, I marked them myself, and there was a cross put on them before we parted with them.
GUILTY . Aged 20.— Transported for Ten Years.
1959. WILLIAM GATES was indicted for unlawfully, maliciously, and feloniously assaulting John M'Carthy, on the 1st of August, and stabbing and wounding him in and upon the left side of the chest, with intent to maim and disable him:—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
JOHN M'CARTHY . I am a labourer, and live in Marchmont-place, Little Coram-street I was at the Brill public-House, Somers-town, on Saturday night, the 1st of August, about a quarter before twelve o'clock—the prisoner was there, and we had two or three words—he shoved against me—I asked what he did that for—he told me he would smack my face—I did not shove against him in return—I walked outside, and stood there till he came out, and he leant up against the railing—I went over to him and asked what he insulted me for in the house—I merely put my hand on his collar, and he took and ran a knife into my side—here is the wound—I attempted then to strike him, but fell back against the railing, and told Grady I was stabbed—he went over to catch hold of him to give him into custody, and he made a dart with the knife at Grady, and if he had not stood back he would have put the knife into his belly—I was taken to the station-house, and sent from there in a cab to the hospital—I was only there one night—I had my waistcoat, jacket, and shirt on—the knife went through them all.
Cross-examined by MR. PAYNE. Q. Was Grady before the Justice? A. No—I did not offend the prisoner at all—we had two or three words—there was no blow given by me at all, nor by Grady—I was in company with Grady and two or three others—none of them struck the prisoner—I work for Mr. Hill, near Pancras Church, who has houses of his own—I do jobs about the place for him—any thing in the labouring line—I had work from him on the Monday morning, and this happened the Saturday night—I was working for him all the week before—I work there ten hours in the day, emptying cesspools and colouring walls at his different houses—the prisoner and I did not get to high words—I did not catch hold of his collar—I put
my hand on his collar to ask what he insulted me for—it was a quarter before twelve o'clock when we wore inside, and half-after twelve this happened outside.
Q. How did it begin? A. Young Grady went over to him and spoke to him; he had some words with Grady, and I went over, and he took and shoved me—I had done nothing to him—I saw Mitchell outside—I did not see Spurrier—there was no woman there—I could not tell if there were two women in the prisoner's company—there were a good many people in the house—I was drinking with about three others—I did not say I would strike him, or use any offensive expression to him, nor did Grady threaten to do so in my presence—I did not ask the prisoner to fight—he did not say he was not capable of fighting with me—I and my companions did not give him several blows, no blows were struck at all—Grady is a labourer—I have no other means of getting my living than I have mentioned—just before this a man named Sullivan and another came down and awoke me out of bed on purpose to fight me—Sullivan brought a poker—I am often in Grady's company, but not with the others.
ALFRED STANFORD . I was at the Brill public-house on the 1st of August, at a quarter before twelve o'clock—I saw the prisoner and prosecutor there wrangling inside—I do not know what they were wrangling about—M'Carthy went out, and the landlord turned the prisoner out—I went out about a minute after—I had seen no blows take place before they went out, nor any shoving—they were talking and wrangling—after I was outside I saw them wrangling again for eight or ten minutes—I then saw the prisoner put his hand into his pocket and pull out something, but what I could not see; but it appeared an instrument—he placed his right hand behind him, M'Carthy went up and clapped his hand on the prisoner's shoulder, the prisoner then took and plunged it into his side—M'Carthy hallooed out, "He has stabbed me, I felt him pull it out of my side"—he was taken into custody—the prosecutor had not given him any blows that I saw.
Cross-examined. Q. Did not the landlord turn them both out? A. No—I can swear that—he is not here—I was not with M'Carthy—I was on the opposite side taking a pint of beer—I knew all the parties—I had been in the house an hour and a half—I cannot say how the matter began—the place was full—I afterwards saw that the prisoner's thumb was cut and bleeding.
COURT. Q. Did the prisoner say any thing about that? A. Yes; he hallooed out, "I am stabbed in the thumb"—that was after the prosecutor had spoken of being stabbed—I did not find the knife.
JOHN ROSE . I was at the Brill public-house that night, and saw M'Carthy and Gates—I saw M'Carthy go out, and the landlord and one of the barmen came over the bar, and put the prisoner out—I remained in about ten minutes afterwards, and then went out—I saw a jangling between Gates and M'Carthy—I stood just behind M'Carthy—Gates took his hand from behind him, and said, "You b——" or "You b——b——, I will stab you," and then plunged his hand towards him as far as he could—I did not hear any other words to my knowledge—M'Carthy said, "I am stabbed"—I was then in the act of going round to catch hold of Gates, when the policeman dashed in and secured both of them, and prevented my going near Gates—I stood at the station-house door, and when M'Carthy came out to go to the surgeon I went with him—he was wounded in his side—he was taken to the doctor's shop, and there he fainted away,
with my pressing his wound up with a handkerchief—a cab was brought, and we took him to the hospital.
Cross-examined. Q. Did you see the prisoner and prosecutor quarrelling in the Brill public-house? A. I saw some sort of jangle between them, but was not near enough to hear any words pass—I did not see the landlord turn M'Carthy out—he turned Gates out—I was examined before the Magistrate—I did not see what Gates had done to be turned out, but I was in there a very short time previous—I heard some words passing, but did not pay particular attention till I saw Gates turned out.
COURT. Q. How long did you stay in the house after Gates was turned out? A. Between five and ten minutes as near as possible—I never knew M'Carthy before—I cannot recollect how it began—I was at a distance.
ALFRED VIGOR . (police-constable S 116.) I was on duty in Weston-street, and saw a great mob before the Brill public-house—I went up, jumped right between them, and caught hold of the two middle ones, who were scuffling—it was M'Carthy and Gates—Gates said he was stabbed in the thumb—M'Carthy said he was stabbed in the side—we took them to the station-house.
Cross-examined. Q. How long have you been on this beat? A. About two months—I know the Brill public-house well—I did not know the prisoner or prosecutor before.
JEREMIAH LOCKABY . I am a policeman. I was on duty shortly before twelve o'clock, and saw a mob of people round the door of the Brill public-house—I went up, and saw the prisoner hold up his hand and say, "I am stabbed"—some blood was running out of his thumb—M'Carthy turned round and said, "I am stabbed"—I said, "Where?"—he pointed to his side, and said, "Here"—he was bleeding from his side, and said he was very weak—I assisted him to the station-house, and told the other constable to bring the prisoner—I came back to see if I could find a knife—I could not find it then as it was rather dark, but as soon as it was daylight I found this penknife about two yards from where the disturbance took place—it was open, and was on the step of the public-house door—there was blood on it—I saw M'Carthy's jacket, waistcoat and shirt—there is a hole in them just about the size of the knife—it is a very small hole—we could not find it for some time—the wound appeared about an inch in width.
GEORGE SIMPSON . I was outside the Brill public-house. I saw M'Carthy come out, and then the prisoner—after they were both out I saw the prisoner open something, which I believe to be a knife—I went up to him and advised him to go away, and put the knife away—he said he would not, that if any of them came near him he would use it—the prosecutor was coming towards him—I placed my right-hand against his chest to stop him, and the prisoner made a thrust and stabbed me in the hand—I went out from the crowd, and heard a cry of "He has got a knife, he has stabbed the man"—I did not see M'Carthy hurt—I went away directly.
Cross-examined. Q. Where was Gates when you got the cut in your hand? A. Standing by the railings of the Brill public-house—I had not been inside the house at all—he did not seem to be excited as if there had been any quarrel, I swear that—I did not know him before—the prosecutor was advancing towards him when I put my hand to keep him away—he did not touch him.
in company with M'Carthy—a quarrel took place with Gates—they had a few words inside the Brill public-house, nothing more than words—it was something about pushing—I did not exactly know what it was at first—I walked out just close after M'Carthy—the prisoner came out soon after—I heard nothing pass afterwards, for I walked a distance on—M'Carthy stopped and talked to him—I did not see M'Carthy hurt—Gates and I did not have any quarrel, not a word—I did not give him any blow, nor did he give me any—I did not threaten to give him any blow.
Cross-examined. Q. You were the first person that had words with Gates? A. No, I did not have any words with him at all, it was M'Carthy—I had nothing to do with it at that time—I have been acquainted with M'Carthy a long while—I get my living by hard work—I am a labourer, and work for any body that will give me work—I did not ask Gates to give me any beer, nor did M'Carthy, that I know of—I did not bear what M'Carthy said—the matter began by pushing—I did not begin the matter myself—the last person I worked for was a gentleman named Binn, in Park Cottages, Regent's Park—I had been working during that week, not for him—I hardly know the name of the person—it was a gentleman near Battle Bridge—it was plastering work—I did not strike the prisoner myself, nor see him struck—I never said I would do him any harm, nor any thing of the kind.
Cross-examined. Q. I believe you went to the station-house, charged the prisoner first, and then went to the hospital? A. Yes—I remained there that night, and came out next morning—I was not discharged.
THOMAS MORTON . I am a surgeon at the University College Hospital. M'Carthy was brought there on the night of the 1st of August, with a stab on the left side, in the region of the heart, about four inches deep, but in a slanting direction—he was kept in the hospital during the night, and went away at his own request next morning—the wound as it was not dangerous—the slanting prevented it—if it had penetrated directly straight it would have killed him—I should have thought it had been a larger instrument than this knife that inflicted the wound; but if the knife were drawn out not exactly straight, that might enlarge the wound, so as to make it appear to be inflicted by a larger knife—the wound in the flesh was three or four times as large as the hole in the jacket and shirt—the aperture in the shirt is such as this knife would make.
Cross-examined. Q. If you had not seen that knife you would have supposed it to have been a larger one? A. Yes, from the outward appearance of the wound—I see no difficulty in there being a small hole in the shirt, and yet the cut being produced by the same instrument.
COURT. Q. The aperture in the shirt could not be made by a larger instrument? A. No.
MR. PAYNE called the following witnesses:—
AMELIA SPURRIER . I am single, and live in Lucas-place, Tonbridge-street, New-road—I get my living usually by charing and other work. I was in the Brill public-house on Saturday night, the 1st of August—I and the prisoner went in together to have some beer with Caroline Gorman and Joseph Mitchell, about half-past eleven or a quarter to twelve o'clock—we all four stood together—I saw M'Carthy there when we went in—as
we were standing, drinking, Grady came up, and asked the prisoner for some beer, which was refused—upon which Grady smacked him in the face—the blow was repeated a second time, and after that Mitchell took it up—the barman turned Mitchell out—the moment he was turned out the gas-lights were put out, and the observation was made, "Don't put the lights out, some of us will be killed"—at that moment M'Carthy came and caught hold of the prisoner, and dragged him out of the place—we, being females, did not think it proper to go out in the mob, and continued there till the mob was dispersed—as soon as they were dispersed a little, we went out, and the first cry was that Gates was stabbed in the thumb, and the blood was pouring—I went to the station-house—there were several persons in company with Grady and M'Carthy, but I did not know them.
JOSEPH MITCHELL . I am a mariner. I was at the Brill public-house on the 1st of August, in company with the prisoner and Spurrier—we called for a pot of beer between us—a person named Connor and Grady were sparring together—Grady hit the prisoner in the face—they put the gas out—the barman came and took me out—I stood outside the door three or four minutes before the rest came out—they all rushed out together—Grady had hold of one collar of the prisoner, and M'Carthy the other, and they shook him—when they came outside M'Carthy struck the prisoner, and they rushed into one another—I cannot say which used the knife—I saw no more of it.
HENRY BRETT . I am in the coal line. I was in the public-house, and saw the prisoner and prosecutor there—the prosecutor said, "Are you going to stand a pint of beer?"—the prisoner said, "No, I amn't—he instantly up with his hand, and gave him a smack on his mouth, and kept pushing him, to insult him—they put the lights out, and bundled them all out together—when they got out they got fighting together—the prisoner said, "By G—you have cut my thumb off," and the prosecutor said, "You b—, you have stuck me"—I said to the policeman, "Take them both, and you are sure to have the right one."
(John Ayliff, a bricklayer; and John Stokes, labourer; gave the prisoner a good character.)
GUILTY. Aged 19.—Recommended to mercy.
Transported for Twelve Years.
Fourth Jury, before Mr. Recorder.
GUILTY . Aged 33.— Confined Three Months.
ARTHUR STERT . I am a merchant, and live in Connaught-square, with Mr. Boodle, my son-in-law—the prisoner was his servant. On the 10th of July I missed two shillings out of my purse—Mr. Boodle and myself if had put it into the purse the night before, in consequence of suspicion—on the 12th of July I lost three shillings from my purse—the prisoner was in the habit of coming into my room to take my clothes to brush—he did so on the 12th of July—I was awake—the money had been counted the previous night, and immediately he left the room I counted it, and missed three
shillings—nobody but him had been in the room—Mr. Boodle and myself counted it over—this was on Sunday, and after church the prisoner was called in—I told him that I had missed 3s. that morning—he denied taking it—Mr. Boodle asked him whether he had any money in his pocket—he said he had only 2s. 1/2 d.—Mr. Boodle asked if he was certain 2s. 1/2 d. was all he had—he said it was so—a policeman was called in to see if the plate was correct—Mr. Boodle told the policeman the prisoner must take off his clothes, for be could not think of keeping him—I was not present when they were taken off—I had put the purse on the chimney-piece.
Cross-examined by MR. CHAMBERS. Q. What part of the house did you sleep in? A. In the first-floor back room, on the same floor as the parlour—I never lock my door—I sleep very sound—I put 12s. into my purse on Saturday night, the 11th, in the drawing-room, before I went to bed—I got up about eight o'clock in the morning—the prisoner had been in the room to take my clothes to brush, and returned with them—I was perfectly awake when he came for the things—he opened the shutters—he awoke me at a quarter before eight o'clock, and when he came back with the clothes he told me the time—my daughter and two female servants live in the house, besides Mr. Boodle and myself.
WILLIAM CHILVERS BOODLE . The prisoner was my servant—I saw what money my father-in-law put into his purse, two or three times, and on the 11th of July, about twelve o'clock at night, I counted the money in his purse—next morning 3s. were missing—after speaking to the prisoner, I determined to have the plate counted, and sent for a policeman, and left him in the pantry with the prisoner—he said several times he had only 2s. 1/2 d. about him—the policeman afterwards gave me some information, and I said to him "How is this, you told me you had only 2s. 1/2 d., when here is 5s. found on you," which the policeman said bad fallen out of his boot—he said it slipped down his trowsers—I asked why he did not tell me he had it about him—he said it was money he bad saved to buy some shoes.
Cross-examined. Q. What was he? A. Footman—I clothed him—all the clothes he had on were mine, but not is boots—he had been fifteen or sixteen months living with me—I told him it would be better to admit it at once, as there was nobody else in the house could have taken it, and said, "If you don't account for it, we must part"—he still continued to deny it—I paid him 20l. a-year quarterly—he was allowed 2s. 6d. a-week for beer—I do not know whether he always drank the quantity he was allowed—the cook said she thought he had only had beer once or twice that week—I did not say, "Show me what you have got"—it appeared very plausible that he should save 2s. 1/2 d. out of a half-a-crown—he always wanted his money when it became due—my plate was perfectly correct.
EDWARD CALLAHAN . I am a policeman. I was called in to Mr. Boodle's, and went down stairs with the prisoner—he was required to leave his livery behind—he took his coat off—in taking off his right boot 5s. came out with it, and dropped on the floor—it was between the stocking and the boot, wrapped up in a piece of paper—I picked it up, and said, "What is this?"—he said, "It is some change that belongs to me"—I said, "How did it come into the boot?"—he said, "It must have slipped out of my pocket into the boot"—I examined his pocket, and there were no holes in it—I said so to him—he said he must have made a
mistake, and let it slip down instead of putting it into hit pocket—I remarked to him that he would have been conscious of having it in his boot—he made no answer to that—when he had pot his clothes on, he asked me for the money—I told him I would not give it him till I had let Mr. Boodle know of it—he went and called Mr. Boodle, at my desire, and I told him what I had found—Mr. Boodle asked him how he had the 5s. when he had told him previously that he had only 2s. 1/2 d.—he said he had saved it out of his beer-money to buy boots—he had 2s. 1/2 d. in his waistcoat-pocket besides—when we got to the passage, he laid hold of the table, and resisted going out of the house, and in the street be laid hold of a lamp-post on one occasion, and an iron-railing on another—he wanted me to go to a public-house and have something to drink, and to let him go—I told him, "I cannot let you go, here is the gentlemen coming to charge you"—he said, "No they won't, if you let me go they will not say any thing."
Cross-examined. Q. Had you told him you were going to take him to the station-house when he took hold of the table? A. Yes—he had Wellington boots on, and trowsers strapped down—he had not pulled off his, trowsers or stockings—he had unstrapped hit trowsers—his pockets were at the side.
ARTHUR STERT . re-examined. I always put my clothes on the back of a chair close by the chimney-piece—he took them from there—I always put the purse at the end of the chimney-piece close to the chair—I did not look to see what was done at the chimney-piece, because I thought if I did look, he would not do what he did afterwards, but immediately on his going out of the room a second time, I counted the money in the purse, and found 3s. short—I did not mark the money—I counted it on my bed—I could not have lost the 3s. in counting it—I was very careful about that.
MR. CHAMBERS. Q. How far is the chimney-piece from your bed? A. I suppose five or six yards—the chair was close to the chimney—it is rather a spacious room.
JURY. Q. Do you think he withdrew the purse from the room? A. I do not know whether he took the purse down stairs, looked into it, and took the money, or whether he took it while at the end of the chimney-piece—I thought the purse looked as if it had been moved, but I would not be sure—I do not recollect the position in which I left, it the night before—I did not look at the purse when he went out of the room the first time, but when he went out the second time, I got out of bed, and counted the money—it was a long purse—I think he was long enough by the chimney-piece the first time he came in to have taken the money out of the purse, supposing I was asleep—the window shutter was shot the first time he came in—he opened it when he came in the second time with the clothes, and told me the hour—he might have had access to the purse on two occasions, before the shutter was open—I do not sleep with my door locked—a person might possibly come into my room in the night and take it—there are two female servants in the house—they were all shillings in the purse.
NOT GUILTY .
HENRY BROWN . I live in Tottenham-street, Tottenham Court-road. On the 9th of August I was in the New-road, just by the rails of Euston-square, about two o'clock in the morning, returning home from a friend's house—I had two half-crowns, 5s. and a 6d. about me—I saw the prisoner coming towards me—when she got within about six yards of me, she suddenly ran, and came with that violence against me, I must have fallen down if I had not laid hold of the rails—she put her hand round my body, under my coat, saying, "I am in great distress, can you relieve me?"—she was off in a moment—I heard money jink in her hand—I put my band into my pocket, and missed 4s. 6d.—I ran after her, calling, "Stop thief"—I overtook her about thirty yards off, and told her she bad robbed me—she said, "What of?"—I said, "4s. 6d."—she put her hand behind her—I tried to catch hold of it—she then put her hand to her bosom—I heard money jink in her hand when it came from her bosom—I took hold of her hand, and held it till I got to the policeman—she said if I did not let her hand go, she would knock ray b—eyes out, and that she had no money in the world—I gave her hand over to the policeman—he asked what she had in her hand—she said "Nothing"—he forced her hand open, and found 2s. 6d.—on the way to the station-house she dropped 1s., which I took up and gave to the policeman.
Prisoner. Q. Did you not follow me, catch hold of me, and want to drag me back to the square? A. No—I did not tell you I would give you 1s.—I did not want you to go with me to the step of a door—it is false—I never touched you till you violently ran against me—I never lost sight of you.
JOHN EATON (police-constable S 193.) I was on duty, and heard the cry of "Stop thief" and "Police"—I ran up and found the prosecutor and prisoner together—he said, "This woman has robbed me of 4s. 6d."—her right hand was clenched—I asked what she had there—she said, "Nothing"—I opened it and found 2s. 6d.—she then said, "It is a d—d lie, he wanted to go with me, and I would not let him"—on the way to the station-house a shilling dropped from her person, and it was picked up—she then said, "I had three shillings and two sixpences"—there was a fourpenny-piece and fourpence in copper in her pocket, which she said she had got as she went along—they were both sober—she gave two or three different accounts going to the station-house.
Prisoner's Defence. He asked me to go with him—I said I would not—he offered me 1s.—I said it was too little—he dragged me by main force, and wanted me to go with him to the step of a door—I said, "Why not take me to a house, if you want me?"—he said, "Where is there a house?"—I said, "There are plenty close by here"—he said, "I will give you a shilling, which is all I have got"—I said, "Give it to me"—he would not, and wanted to force me down at the step of a door—I ran away, and he hallooed out that I had robbed him—I said I would show him all I had—I pulled out my money—he caught hold of my hand, and tried to wrench it from me—I called the police first.
GUILTY*** Aged 28.— Transported for Fifteen Years.
1963. JOHN M'DONALD was indicted for stealing, on the 21st ofJuly, 2 metal cocks, value 20s., the goods of Russel Pontifex, his master; and HENRY MANCER , for feloniously receiving 1 metal cock, part of the said goods, well knowing it to have been stolen; against the Statute, &c.
RUSSELL PONTIFEX . I live in Upper St. Martin's-lane. M'Donald was my errand-boy for six or eight months—I have missed some brass cocks—about half-past six o'clock, on the 22nd of July, I went into the counting-house, and observed a metal cock lying down in one corner, knowing it should not be there, I requested the prisoner to sweep the counting-house out, which was his business, he did so, while I walked up and down the front shop—I then found the cock moved from one corner and hid behind an old almanack board—nobody had been there but him—I set him to mind the front-shop while I went up stairs—I returned in about five minutes, and then missed the cock—I called M'Donald to me, and he said he had not seen it—I told him it was gone, and nobody could have taken it but him, and requested he would show me what he had done with it—he then showed me that he had put it in a part of the shop where the shutters are kept—he stooped down, took it up, gave it to me, and fell down on his knees, and begged my forgiveness—I left him in charge of my clerk, and fetched a policeman—in consequence of inquiry which I made my attention was drawn to a marine-store shop in Queen-street, Seven Dials, kept by the prisoner Mancer—I went there with Ashman, the constable, and saw him find a brass cock of mine—M'Donald said, in the presence of Mancer, "That is the cock I sold him last night for 6d."—Mancer said, "I never saw him before in my life."
JEMES LEWIS ASHMAN (police-constable P 19.) I accompanied Mr. Pontifex and M'Donald to Mancer's house, and asked him if he had not bought some cocks of that boy—he said he had not, and he had no cocks in his house—I asked if he had any brass cocks—he said he had not—I searched his shop, and found one cock on a shelf in a corner of the shop, under some rags—M'Donald said, "That is the cock I sold him yesterday for 6d."
Cross-examined by MR. CLARKSON. Q. Mancer is a married man, is he not? A. There is a woman who goes as his wife—I cannot say whether he is married—there is "Edward Mancer" over the door—he gave his name as Henry at the office.
MR. PONTIFEX re-examined. I know both these cocks by being our pattern—this one was not taken out of the place, and we had but two—they were made for a particular purpose, and never sold.
Cross-examined. Q. When did you last see that cock on your premises? A. I cannot say to a day or a week.
M'Donald's Defence. Master said, if I did not tell him he would give me in charge; I went round the shop, found the cock, and said, "Here it is, sir. He said, "Did not you take it? I said, "No, I know nothing about it. He said, "Where is the shop you sold the cocks at? I said, "I do not know;" he said, "Come along with me, and show me." He took me along the street, and said, "Is this it? I said, "No. He went in and found it in the shop.
MR. PONTIFEX re-examined. I said I would give him into custody, but not "unless he told me"—his mother was there, and it was at her persuasion that he told—I said it would be better for him to tell me.
(Several witnesses deposed to Mancer's good character, and stated that his wife conducted the business.)
M'DONALD— GUILTY. Recommended to mercy. — Confined Six Months.
MANCER— NOT GUILTY .
1964. MARIA DAVIS was indicted for stealing, on the 21st of July, 1 watch, value 25s., the goods of Joseph Wareham; and WILLIAM TAYLOR , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
JOSEPH WAREHAM . My mother keeps a beer-shop in Baldwin's-gardens. On Tuesday evening, the 21st of July, the prisoners came there together—I afterwards missed my watch—I had left it on the seat of the water-closet—this is it—(looking at it.)
Davis. I went into the water-closet, and saw the watch; I took it, and gave it to this man; he went and pawned it over the water, and never told me what he got for it, nor gave me any money.
Taylor. I own to pawning it; I did not know where it came from; it was given to me after I left the house.
MARY WAREHAM . I keep the beer-shop. The privy is close to the back of the house—Davis frequented the house—I know she went to the privy—nobody could go there without I open the door—I opened the door, and she went there, and about ten minutes after my son missed his watch—he had been there just before her—I could not let her through at first, because he was there—I think she is a bone-picker.
JOHN FINK (police-constable G 470.) I apprehended Davis on the 22nd—on seeing Wareham she said, "Oh, Mr. Wareham, I know what you are come for, I am sorry I did it"—Taylor was in custody in the City at the time.
DAVIS— GUILTY.* Aged 34.— Confined Six Months.
TAYLOR— GUILTY . Aged 38.— Confined Twelve Months.
NEW COURT.—Wednesday, August 19th, 1840.
Fifth Jury, before Mr. Common Sergeant.
1965. JAMES SELWOOD was indicted for stealing, on the 28th of May, 134 yards of woollen cloth, value 80l.; 150 yards of kerseymere, value 37l.; and 18 yards of valentia, value 4l. 10s.: also, on the 17th of January, 181 yards of woollen cloth, value 108l.; and 190 yards of kerseymere, value 47l.; and 2 yards of valentia, value 10s.; the goods of Thomas Tarsey and another, his masters; to which he pleaded
GUILTY . Aged 28.— Transported for Seven Years.
GUILTY . Aged 37.— Confined Six Months.
GUILTY . Aged 13.— Transported for Seven Years-Isle of Wight.
GUILTY . Aged 10.— Confined One Month.
GUILTY .* Aged 18.— Transported for Seven Years.
ELIZA HOPKINS . I keep a lodging-house in Field-lane. On the 12th of July, between eleven and twelve o'clock at night, the prisoner came there to go to bed—she brought a man with her, who, she said, was her husband—after some time, she wanted to go—I said she could go if she took her husband with her—she said, "Never mind"—she staid down stairs for some time, and then went up again—between seven and eight o'clock the next morning, I heard a noise, I got up, and missed two shirts from my shop—I went up stairs, and the prisoner was gone, and the man was left—he looked about, and missed his smock-frock—I found the prisoner at her lodging in Shire-lane—I have unfortunately been twice in Newgate—once I was in with my father, but I was acquitted.
Prisoner. She lives with John Newton, who has not been long out of prison himself. Witness. That is all nonsense—this property is not mine, but a young man's, a bricklayer, who left them with me—I do not live with any one—I married Hopkins, who died in St. Giles's workhouse—my father died abroad—he was sent there—my mother is alive—I found these shirts wet, on the back of a chair in her room—I west first, and asked for them, and she denied them—I then took an officer, and she gave them up—they belong to George Rowe.
GUILTY . Aged 20.— Confined Three Months.
WILLIAM HENRY DESBOROUGH . I lodge at the Carlton-hotel in Regent-street. At a quarter before eleven o'clock, on the 11th of July, I was in Waterloo-place, I felt a jerk at my pocket, I looked round, and saw the prisoner with my purse in his hand—I seized him, and he threw it about six yards on the pavement—I have never seen it since—I am certain it was mine—it contained about seven sovereigns and some silver.
Cross-examined by MR. BALLANTINE. Q. Was your purse a blue one? A. Yes—it was picked up by a taller boy, who made off with it.
THOMAS MORPHETT . I was in Waterloo-place—I saw the prisoner at the prosecutor's pocket, and saw the purse in his hand—I saw him throw it away on the pavement—an elder boy took it up, and ran off with it.
GUILTY . Aged 18.— Confined Three Months.
GEORGE BUCKLAND . I live with Mr. Abel, on Fish-street-hill. This box is the property of Mr. John Knill, who is now on the continent—he left it with Mr. Abel—I put it in the counting-house window on the 21st of July, and about two minutes afterwards I saw the prisoner at the counting-house door—he went out, and ran off—I received information, and, after a long run, I overtook him in Thames-street—I brought him back, and gave him to a policeman—the box was found on a chair, close to the counting-house door—it was not opened—I do not know what it contains.
Cross-examined by MR. PAYNE. Q. How do you know that it belongs to Mr. Knill? A. Mr. John Knill left it there on the Saturday before—it is a charity-box—he has brought it there several times before, and left it with Mr. Abel—he is a relative of my master.
COURT. Q. Had any body else been in the counting-house? A. Not a soul.
JOHN BOARDMAN . I went to Mr. Abel's—I saw the prisoner in the counting-house, and I saw the box in the chair, which caused my suspicion—I gave the witness information, and he ran after the prisoner—I remained in the office.
Cross-examined. Q. How long were you in the counting-house before you spoke to the witness? A. I should think not two seconds—the inspector opened the box, and it has got 1s. 1d. in it.
NOT GUILTY .
1973. JOHN HORTON and JOHN SMITH were indicted for stealing, on the 2nd of August, 1 purse, value 1d.; 1 half-crown, 8 shillings, 2 sixpences, 2 groats, and 2 halfpence, the property of Thomas Young, from his person.
THOMAS YOUNG . I left the Princess Victoria public-house about three o'clock, on the 2nd of August—I then had the money stated, in a purse—I laid down against the long-field stile that leads to West Acton, and the prisoner Horton came and laid by my side—I bad never seen him before—Smith was over in the field, on the other side the stile—I fell asleep for about an hour—when I awoke my purse and money was all gone except 1d.—a policeman was sent for, and the prisoners were searched, and the money found on them—the purse was not found.
CHARLES HARMAN . I was going along, and saw Young asleep—I saw Horton with his two fingers in Young's right-hand pocket, and Smith was over the stile in the long field—he might be fifteen or sixteen yards off—I went across the road, and sat under the shade of a tree—Horton looked at me three times, to see whether I was gone—I then got up and travelled on, to see for a policeman—I did not see one, and sat down again—I then saw Horton go over into the field—he was there but a short time—he then came back, and was very active about the prosecutor—he beckoned to Smith, but he did not come to him—Smith appeared to be watching—Horton was foraging about the prosecutor for five or six minutes, and then he went over to Smith—I then met a man, and asked him to go with me and awake the prosecutor, and his pocket was turned out.
JOHN NICHOLLS (police-constable T 108.) I searched the prisoners, and found two shillings, one sixpence, and one fourpenny piece on Horton; and on Smith, four shillings, one half-crown, three sixpences, and two half-pence—the whole I found on them was 10s. 11d., and the prosecutor lost 12s. 3d.—I could not find any purse.
Horton's Defence. We were coming down the road, and went into the public-house; the pot-boy came, and said it was time to go, and we went out,—the prosecutor came out, and three other young men—they laid down, and we went on a mile and a half; he ran after us, and said we were the men that robbed him.
Smith's Defence. When we got to the stile, this man took to the right and we took the left; the prosecutor then came, and said we had robbed him.
HORTON— GUILTY.* Aged 25.
SMITH— GUILTY.* Aged 20.
Confined One Year.
THOMAS GREENHAM (City police-constable, No. 282.) On the 21st of July, about ten o'clock in the evening, I was on Holborn-hill—I saw the prisoner, with two others, following a respectable-looking man—when they got to the corner of Hatton-garden, the prisoner rushed forward, lifted up the flap of the gentleman's coat, and took a handkerchief out of his pocket—I crossed the road, they saw me, and ran off—I caught the prisoner within a few yards, and in taking him to the station-house I found the handkerchief in his jacket-pocket, where I had seen him put it—the gentleman was then gone—I do not know his name, for when I seized the prisoner he threw himself on the ground—a great crowd came about, and I had enough to do to secure him.
GUILTY.* Aged 18.— Confined Six Months.
WILLIAM BARNES . I am shopman to Ralph Wilcoxson. On the 1st of August, about a quarter past eleven o'clock at night, I saw the prisoner come into the shop, behind two females—he stooped down, and took up two pairs of Wellington-boots—I passed between the females as quickly as I could, and pursued—he ran down Fish-street-hill, then turned back, and was taken—I saw him drop them.
Prisoner's Defence. I did not take them, another person chucked them down, and I was taken.
GUILTY.* Aged 16.— Transported for Seven Years.
HENRY GARRETT . I am shopman to Mr. Edward Hill, a butcher in Marchmont-street. About eight or nine o'clock, on the 18th of July, I went to a neighbour's house, and heard something—I went back to my master's, and missed a piece of beef—I had not been away more than two minutes—I saw the prisoner and a young man running away—I pursued them into Russell-square—the young man had something in a bag, it was thrown over the enclosure—I pursued him, but he escaped—when I came back, I found this beef in the bag—the prisoner had been secured in
Russell-square by the policeman—I am sure he is one of those who had been running away with the beef.
CHARLES ORRIS . I live in Woburn-mews. I was going up Marchmont-street, and saw the prisoner come out of the shop with a piece of beef—there was a man outside with a bag, and they put the beef into it—I am sure the prisoner is the person.
Prisoner's Defence. I never took it, it was another boy. I was going along Russell-square, and the policeman laid hold of me.
GUILTY.* Aged 16.— Transported for Seven Years.—Convict Ship.
ABRAHAM SPRING . I was in High-street, Barnet, in the evening of the 16th of July, and the prisoner sent me to get a lodging at the public-house—he had at that time got my things—I went to the public-house for a lodging, and when I came out he was gone—I afterwards found him at another lodging—he had been working with me.
Prisoner. He told me to take care of his things, and I said I would put the smock-frock on, and I should not forget it—he asked me to lend him 1s. on them. Witness. I did not—you took them up, and I thought you would give them me again.
FREDERICK WALKER (police-constable S 297.) I found the prisoner at South Minims, he had just taken lodgings for himself—he had got this smock-frock on his back—he said he would not give it up, and then the prosecutor gave him in charge.
Prisoner. He never asked me for the frock; I went for a lodging for me and the prosecutor; they had only half-a-bed; I said I would take that for myself.
NOT GUILTY .
MARY ANN ELIZABETH SUMMERLIN . I am the daughter of Thomas Summerlin, a butcher, who lives in Goodge-street; the prisoner was in his service. On the 15th of July, a piece of salt beef was missed—this is it—I was called from another shop to accompany the policeman to High-street, on suspicion of the prisoner stealing a piece of beef which had been found among his clothes—the prisoner said it was the first time, and he hoped we would look over it.
Cross-examined by MR. JONES. Q. Was it not said that the beef was found in his bag? A. Yes, his bag was hid in the corn-bin in the kitchen—there is no lock on the bin—we all knew that the prisoner kept his clothes bag there—any one might go to the bin—I do not attend much to the business in that shop—the prisoner had been there rather more than twelve months.
THOMAS LANE (police-constable E 52.) I was sent for—Mrs. Summerlin gave the prisoner in charge—he said he would not deny it, and begged her pardon—he took the bag out of the corn-bin himself, and the beef was in it.
Cross-examined. Q. Was not the first thing that was said, that the beef had been found in his bag? A. She called the prisoner, and gave him in charge for stealing some beef—she used the word "stealing"—I will
swear she afterwards said some beef had been discovered in his bag—I then went down with the prisoner, and he took out the bag and found the beef in it—he said, "I won't disown it"—I cannot say whether he said ho would not disown that the beef was there—I cannot say whether he said that he did not intend to steal it, or words to that effect—I did not hear him say that he did not know how it came there—he said he hoped they would not prosecute him—Mrs. Summerlin expressed her reluctance to prosecute—she did so to me once—I did not tell her she must go on with the case, nor any thing of that sort—I asked her whether she thought it was proper for her to be robbed in that manner.
CAROLINE BLAKE . I saw the beef and the suet in the bag—I heard the prisoner say he hoped his mistress would look over it this time, as it was the first time, and he hoped she would consider his wife and family.
Cross-examined. Q. I suppose you recommended your mistress to do so? A. I did not—I said it was very wrong in him to do so—I did not say I thought she ought to prosecute—I have bad no quarrel with the prisoner—he never charged me with stealing money out of the till—we had some words about a young man—I knew the prisoner is married, and I would have nothing to do with him—he wanted to be master of the kitchen—I never quarrelled with him about money—I have lost several pence off the kitchen dresser shelves.
(The prisoner received an excellent character.)
GUILTY. Aged 33.—Recommended to mercy. — Confined One Month.
MR. BALLANTINE conducted the Prosecution.
WILLIAM AIRY WRIGTHT . I am a printer and publisher, and live in Fulwood Rents, Holborn. The prisoner was in my service, and had been for nearly six years—I printed a book for a gentleman about six years ago—I delivered him 1600 copies, and the rest remained in a cupboard in my warehouse, which the prisoner had access to—on the 8th of July my attention was called to some paper which I saw in Mr. Arnold's shop—I made some inquiry—I then went to the cupboard where the copies had been kept, and a large quantity was missing—about eighteen reams are missing—it would cost me 25l. to replace it—I had never given any body authority to part with it—I sent for the prisoner, and asked if he had sold any waste-paper lately—he had sold waste-paper for me in order to clear the warehouse, but not paper of this description—when he has sold waste-paper he has accounted to me for it, but he did not account for this paper, nor for any part of it—he said he had not sold any for a year and a half—I asked where he had sold it—he said he had never sold any but to Mr. Arnold—I told him to recollect, and he said it must be more than six months—this is the paper—(looking at some)—it is the publication I have spoken of.
Cross-examined by MR. PHILLIPS. Q. What do you call this book? A. It is a treatise on astronomy—I never authorized him to sell any paper of this description, and of this size.
Q. Did you never know of his selling any of this "Universal Time-piece? A. Yes, some of the cancelled sheets—the author of this work employed me to print it, and he was to pay me for the whole impression—I never authorized the prisoner to sell any of the impression, only the waste, that which was spoiled—I was paid by the author for the whole
impression—it was all charged for together—I do not consider this to be waste paper—he sold some that was badly printed, some that was cancelled—after the work was printed, the author made some alterations, and there were four pages cut out and some others put in—I did not pay the author for the waste which I sold—I will pay him if he requires it—the account is settled between us—I do not think any had been sold then—I have lost nothing by it at any rate—I expect to have more dealings with the author—there may be another edition—I ought to have 1400 copies of this work on my hands—I have been paid for them—I have not sold any of it.
Q. Did you not actually go to a tradesman's shop, and complain that they would not buy this very description of paper from this boy? A. No, I did not.
MR. BALLANTINE. Q. You say some was cancelled? A. Yes—I do not generally give the author the copies which are erroneous—very likely all the waste paper I sold did not amount to 5s.—when the books were bound up these leaves were cut out, and became waste, and they were got rid of—that is the course of trade—I am holding the 1400 copies for the author—I am answerable to him for them.
MARY BURDGE . I am the wife of Henry Burdge, of No. 258, High Holborn, he keeps a ham and beef shop. I know the prisoner—six or seven months ago he came to our shop and brought paper similar to this—I delivered it to the policeman—I cannot tell how much I bought, as we used a part of it—he came four or five times—I gave him 3d. a pound for it, except one quantity—he told me he came from his master's, in Fulwood's-rents—I gave up to the policeman 75lbs.—the prisoner once brought some paper in a barrow.
SAMUEL BREWER . I am shopman to Mr. Arnold, of No. 35, High Holborn, he keeps a ham and beef shop. About five or six months before the prisoner was given into custody, be brought 10lbs. weight of paper, which I gave him 2s. 6d. for, and after that he brought some more.
Cross-examined. Q. Did you know where he lived? A. Very well, indeed—Mr. Wright came to me, and asked why I did not purchase the paper he sent—I said Mr. Arnold did not allow me to purchase paper there, and told him to go to our other shop—he said it was only a small quantity, and he had sent it there—the first paper I bought was the size of this produced, cut up into quarto—it had not a soil of dirt on it, and did not appear to be cancelled.
COURT. Q. Was what you bought first waste paper? A. I should say it was like this, quite clean, and cut up in quarto.
JURY. Q. Was the paper that Mr. Wright complained of your not buying the same as this? A. Yes—the same paper was hanging in the shop for six months, and he has been in the shop since—he came the day before the prisoner was given into custody, and said, "How much have you got of this?"—I said, "A good deal"—he said, "Dear me, that is good paper, it belongs to Mr. Woodley"—I said "Take it," and he took it.
JAMES BLOOM (police-constable E 98.) On the 9th of July the prisoner was given into my custody—he said that he and another boy, named Wright, had been sent by his master to sell the paper—I received this paper from Mr. Burdge and Mr. Arnold.
of the paper which was cancelled—this is not cancelled—I never sold any of this, nor ever went with the prisoner to sell any of this.
Cross-examined. Q. What do you call this kind of paper? A. It is not soiled—I have been sent to sell some of this work in quarto when cancelled—I got about 5s. for 20lbs. that my master sent me to sell—have sold other works—we used to clear up the waste every quarter, and I used to sell it to the ham shops and whatever shops would purchase it.
MR. BALLANTINE. Q. Then you know cancelled paper? A. Yes—there was no probability of mistaking the paper in the cupboard for cancelled paper.
GUILTY. Aged 17.—Recommended to mercy. — Confined Two Months.
1980. THOMAS TOWNSEND was indicted for stealing, on the 4th of August, 1lb. 1oz. weight of leather, value 3s. 6d., the goods of Thomas Pearce and another, his masters; and HENRY GARDNER , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.; to which Townsend pleaded
GUILTY.—Recommended to mercy by the Prosecutor.
Confined Nine Months.
MR. ADOLPHUS conducted the Prosecution.
JAMES PORTER (police-sergeant E 1.) In consequence of instructions, I watched near the prosecutor's premises, in Long-acre, on the 4th of August, about nine o'clock in the morning—I saw Townsend come out of the back premises—I was in Cross-lane, leading to Long-acre, in plain clothes—Townsend went down the street, and into Great Wild-street, Little Wild-street, and, at the corner of Duke-street, he put one of his feet into the John of Gaunt public-house—he looked round, then came out, and went on to Lincoln's Inn-fields, and stood against a lamp-post—I passed him, and put myself into a house, where I had permission to watch him through the window—he remained there about a quarter of an hour, anxiously looking for some person coming in the direction of Holborn—after that time I saw Gardener, walking in a great hurry towards Towns-end, from the direction of Holborn—Townsend then left the lamp-post and met him—after walking a few yards towards where I was standing, I saw Townsend put his hand into his pocket, and take out one of these pieces of leather, and give it to Gardener, who put it into his pocket—Townsend then took out this other piece, and gave this to Gardener—I went out, and took them both—I said I was an officer, and should take them both to Mr. Pearce's—they refused to go, and Townsend said he was sent to Mr. Burrows, his master's solicitor—I said he must go back to Mr. Pearce's first—he then said he was in business for himself, and that this was his property—I said I should take them both back—Townsend then struck me three violent blows on my head, and knocked me down—I then lost my hold, but I jumped up, and took Gardener by the collar again—Townsend had run away, but I seized Gardener so suddenly that he could not get away—I took hold of the piece of leather which Gardener had in his hand, but he refused to let me have it—I took him to Mr. Pearce, and on our way he said I must be either mad or drunk, and he was doing it by way of trade—on our arrival at Mr. Pearce's, I took the leather from his hand, and put my hand in his pocket, and took out this other piece—he was then taken to Bow-street—I then went back to the prosecutor's, and took Townsend—Gardener
lives in Eagle-street, Red Lion-square—I went and searched his premises—I found thirteen duplicates and some handkerchiefs, but nothing that could be identified—it is a harness-maker's shop—I found some old harness there, and some new cab harness—I found, on Gardener's person, 40s. in silver.
Cross-examined by MR. PHILLIPS. Q. Do not you know that Gardener works for the trade? A. Yes—while I was down I had no hold of Gardener—when I got up I took him—he had no chance to get away—I have never said that I did not lose my hold of him—the Magistrate let him go out on bail—Townsend said, in the presence of Gardener, that he was in business for himself, and this was his property.
THOMAS PEARCE . I have one partner—Townsend was in our employ—I employed the officer to watch him—I never empowered Townsend to sell leather in the street to any person—I went with the officer to Gardener's house—I found nothing of mine there—I believe this leather produced to be mine—it is similar to what we use, and cut to our pattern, and similar to what we lost—I have lost leather and other articles for some time—we employ from ninety to one hundred men.
ROBERT HEMAN . I am in the prosecutor's employ. I have examined this leather, and compared it with the piece it was cut from—it fits very nearly—it is such leather as I gave Townsend for cutting cruppers—this is not the sort of leather that any body would carry out in the street to sell—I have never seen such a thing.
Cross-examined. Q. Do not you know that it is common to give out these portions of leather to be made? A. Never, in our house.
(Gardener received a good character.)
GARDENER— GUILTY . Aged 28.— Confined Eighteen Months.
1981. GEORGE NUGENT was indicted for stealing, on the 8th of August, 2 sheets, value 5s.; 3 towels, value 1s.; and 1 counterpane, value 6s.; the goods of James Wiskin: also 2 cruets, value 10s. 6d., the goods of Edward Wilson; to which he pleaded
GUILTY . Aged 34.— Confined Three Months.
GUILTY. Aged 29.—Recommended to mercy. — Confined Six Months.
GUILTY. Aged 33.—Recommended to mercy. — Confined Three Months.
Sixth Jury, before Mr. Sergeant Arabin.
JAMES CHIGNELL . I was in the employ of William White and others, carpet and rug manufacturers in Blackfriars-road—the prisoner was their porter. On the 13th of June I entered three hearth-rugs in the day-book, and delivered them to the packers to go to Farebrother, at Banbury.
Cross-examined by MR. PHILIPS. Q. Did you find any other duplicate? A. Yes, a great many, which related to his own clothes, and some to rugs and carpets.
(The prisoner received a good character.)
GUILTY. Aged 21.—Recommended to mercy. — Confined Six Months.
THOMAS FISHER . I am in the service of Mr. John Barrett Lennard, as butler—he lives at York-gate. On the 9th of July, about twelve o'clock in the day, I was in a closet, and saw the prisoner come down the area steps, enter the house, and bring out a pair of trowsers in his hand from, the housekeeper's room—I overtook him in the area, and asked what he was going to do with them—he made no answer, but went back to the area door, and threw down the trowsers—I detained him till an officer came and took him—these are the trowsers—they are my master's—the prisoner had an apron on.
Prisoner. I had a message to take down—there.
GUILTY . Aged 19.— Confined Six Months.
ELIZANETH COOK . I am the wife of William Cook, a surgeon in Trinity-square, Tower-hill. The prisoner was in our service for about six months—he had left me about a month—I found this out by the duplicates being brought to me.
Cross-examined by MR. PAYNE. Q. Had you ever seen him before? A. I had—I have a distinct recollection of his pledging these articles—he pledged them twice—a great many persons pledge things at our shop—perhaps 200 or 300 a day, but I am quite sure that he is the person.
Cross-examined. Q. Did you take any thing else from him? A. I have 2l. 5s. of his—I am not aware that it has any thing to do with this case.
(Property produced and sworn to.)
GUILTY. Aged 20.—Recommended to mercy. — Confined Six Months.
parish of St. Marylebone. The prisoner lived in my service for five months—I am a coach-plater—I have a warehouse on the ground-floor of my premises, and have a till in my shop in the warehouse—on Sunday morning the 12th of July I counted the money in the till—I had fourteen sovereigns, two half-sovereigns, and a bag of silver—I locked the till, leaving the money in it, and went out between eight and nine o'clock in the morning—my wife was ill in bed—I had one other servant there, who had come into the house the night before—I was absent about three-quarters of an hour—when I came back I found the till locked as I bad left it—I opened it, and missed five sovereigns—I cannot say how it had been opened—I called the prisoner, and accused her of taking the money—she denied it, and said she would go up stairs to her mistress—we went up to her mistress in bed, and I said, "She has taken five sovereigns out of the till in the little time that I have been out"—the prisoner said she had not—her mistress asked her if she had got any money—she said she had, but it was her own—that she had had money given her while she had been in my service, and I had paid her 2l. 10s.—she went to the bed-room in which she slept, and took five sovereigns wrapped in a bit of silver paper, out of her drawer—I took it out of her hand, and said, "These are the five sovereigns you took from me"—she said, "No, it is my own money"—I fetched a policeman, and when I came back I went up stairs, and met the prisoner—she said, "I am very sorry, I hope you will forgive me, I have taken four sovereigns"—I said, "You have taken five"—she said, "What I have taken is wrapped up in the bit of paper"—the paper had five sovereigns in it.
Cross-examined by MR. ROE. Q. What sort of a lock is there to your till? A. A common lock—I do not know how I came to go to my till the second time, but my keys were lying in my parlour, and I thought I would go and look if my money was safe—I went the first time to get some money, and I then counted my money—when I missed the money Mrs. Sanders was called in—we were all in the bed-room, and then my wife said if the prisoner would confess she took the money, she would forgive her, but I did not say the same because she denied it—she did not confess till after I got the policeman, and then she said, "I wish to speak to you, I am sorry to say I took four sovereigns"—she was very much agitated—she wrung her hands, and asked me to forgive her—if she had given up the money I should not have fetched the officer.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Ten Days.
(The prosecutrix did not appear.)
NOT GUILTY .
I have not seen it since—I turned and saw a great boy running away with a handkerchief, which I think was mine—he was bigger than either of the prisoners.
JOHN PEARSON . I am a gardener, and lire in Hackney-road. I saw Mallars and the big boy behind the prosecutor, and Sturgeon was before him—I saw the bigger boy lift up the prosecutor's pocket, and try to pick it—they followed him to Haggerston church, and there they did it—I saw the other boy's hand on the pocket—I cannot say that I saw the pocket picked—they were all three in company.
NOT GUILTY .
Prisoner's Defence. I heard a cry of "Stop thief;" I ran across the road, and the officer took me; he took another boy first, and let him go.
GUILTY.* Aged 17.— Transported for Seven Years.
THOMAS TURRELL . I am a licensed victualler. I was at the end of Holborn, close to Field-lane, on the 14th of July, about eleven o'clock at night—I felt some one at my pocket—I turned round, and caught the prisoner with my handkerchief in his hand—I gave him in charge—this is my handkerchief—it had been in my coat pocket.
Cross-examined by MR. PAYNE. Q. Had you used it before? A. Yes, a very short time—it was not dropped.
GUILTY.* Aged 17.— Transported for Ten Years.
1992. JAMES SMITH and JOSEPH PETERS were indicted for stealing, on the 20th of July, 3 pairs of shoes, value 2s. 3d.; and 3 pain of boots, value 2s. 3d.; the goods of Richard Pinkney: and that Smith had been before convicted of felony.
RICHARD PINKNEY . I keep a shoe warehouse in Church-street, Bethnal-green. On the 20th of July I went out—I left my boots and shoes all safe at my door—I returned in two hours and a half, and missed three pairs of boots and three pain of shoes.
SILAS FOORD . I am a shoemaker. Between three and four o'clock that day I saw the prisoner Smith cut the boots and shoes from the prosecutor's door—he gave them to Peters—I crossed, and took Smith into the shop, and Nicholls took Peters.
JOHN NICHOLLS . I am a labourer. I saw Smith cut the boots and shoes from the door, and give them to Peters, who put them under his jacket—Mrs. Wells ran and caught Peters—I went to her assistance, and this property fell from under his jacket.
(Peters received a good character.)
SMITH— GUILTY . Aged 19.— Transported for Seven Years.
PETERS— GUILTY . Aged 21.— Confined Three Months.
1993. THOMAS SULLIVAN was indicted for stealing, on the 9th of July, 8 printed books, value 4s., the goods of Ann Mason; and FRANCIS MORRIS was indicted for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
SUSAN MASON . I am the daughter of Ann Mason, a bookseller, in Museum-street, Bloomsbury. On the 9th of July these books were outside our parlour window—I missed them between seven and eight o'clock in the evening—these books are my mother's—(looking at them.)
FRANCIS FAGAN . I am a policeman. I saw the two prisoners in Farley-street—Morris was running with these books—I asked him what they were—he said some books that Sullivan had given him—the prisoners were in company, but I did not see any of the property in the possession of Sullivan.
Cross-examined by MR. PAYNE. Q. How far were they off when they were taken? A. About six houses—I first saw them about three houses off; Morris came to meet Sullivan—the books were covered with a handkerchief.
SULLIVAN— GUILTY . Aged 18.— Confined Three Months.
MORRIS— NOT GUILTY .
OLD COURT.—Thursday, August 20th, 1840.
Second Jury, before Mr. Sergeant Arabin.
ANN DORMER . I am the wife of James Dormer, an undertaker, and live in Church-street, Bethnal-green. On the 27th of June I saw a boy about the size of Brown going out of the front shop, with a bundle in a blue handkerchief—I went out, and when I got to the corner of the next street he was in company with another boy in a fustian dress—the boys were about the prisoner's size—the other boy was without a jacket—I went into the house, and missed my husband's coat—I found it at the station-house about an hour and a half after, and the prisoners were there dressed as the boys were—this is the coat—(looking at it.)
Cross-examined by MR. PAYNE. How do you know it? A. By the appearance of it, and there are three gloves in the pocket which I know—I had seen the coat half an hour before.
DAVID EVANS . I am a policeman. On the 27th of June I heard of this, and went in plain clothes to Shackelwell-street—an officer called my attention to the two prisoners standing at the corner of Club-row—I saw Brown with a bundle in a handkerchief—he was watched into Phillips's house, which we had been watching—shortly after, Trew and I went to the
house, and asked Brown if a person named Smith lived there—he said, "No"—I asked where the bundle was which he had just brought in—he said he had brought no bundle in—I went, and found it in the corner—he said he did not bring it there—while we were there talking Norris came in—I asked what he wanted—he said he had come to get his boots mended—I asked what was in the bundle which Brown had brought in—he said he knew nothing about Brown, he had never seen him—I said I had seen them together in Church-street, which he denied—Norris had no jacket on.
Cross-examined. Q. What time did you see them together at the corner of Club-row? A. After three o'clock—I am quite certain it was the two prisoners.
GEORGE TREW . I am a policeman. On the 27th of July I saw the prisoners in company together, standing opposite the prosecutor's shop, in Church-street—they had no bundle then—shortly after I saw them go down into Shackelwell-street—Brown had a bundle under his arm, tied in a handkerchief—I afterwards saw Brown run into a house with the bundle—we went in, and Norris came in a minute afterwards, in his shirt sleeves.
Cross-examined. Q. Who is Phillips? A. He was taken for receiving, and remanded for four weeks, and then discharged.
RICHARD MARSHALL . I let the officers come to my house to watch the prisoners—I saw Brown pass first, with the bundle tied in a blue handkerchief—shortly after I saw Norris go by, without a coat or jacket on.
BROWN*— GUILTY . Aged 16.
NORRIS*— GUILTY . Aged 13.
Transported for Seven Years.—Convict Ship.
Before Mr. Baron Gurney.
1995. GEORGE KING was indicted for that he, being employed under the post-office, on the 4th of August, at St. Anne and Agnes, in London, feloniously did steal a certain post letter directed to " Messrs. Smith, Payne, and Smith, No. 1, Lombard-street, London," containing 1 10l. promissory note, 1 5l. ditto; 3 sovereigns, and 1 shilling; the property of the Right Hon. Thomas William, Earl of Lichfield, her Majesty's Postmaster-General.—7 other COUNTS, varying the manner of laying the charge.
MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.
FRANCIS NIFFIN . I am a tailor, and live at Market Bosworth, Leicestershire. On the 3rd of August I had occasion to remit some money to Messrs. Smith, Payne, and Smith, of London—I wrapped it up in a letter, which my son wrote—I put into the letter a 10l. and a 5l. country notes, three sovereigns, and a shilling, I sealed the letter, took it to the post-office myself, at Market Bosworth, and paid 4d. with it.
ELIZABETH MAIDES . I am the wife of the postmaster at Market Bosworth—I transact the business when he is out—we forward the London letters to Hinkley. This is the letter bill which went with the letters on the 3rd of August to Hinkley—the numbers of the letters are entered in the bill—I recollect Mr. Niffin posting a letter that day, and paying 4d. for it—I forwarded that letter with others to Hinkley.
ANN HOLLIER . My father is the postmaster at Hinkley—I assist him in the business. The Market Bosworth mail comes to our house—on the 3rd of August it came all safe, tied up in its proper order—I opened the bag, took out the letters, and stamped them—they corresponded with the number in the bill—I remember one directed to Messrs. Smith, Payne, and Smith, which attracted my attention, because it was wrapped in the letter
bill itself, and had hard cash in it—it was put in the bag, and forwarded to London, by myself—I generally do it.
ALFRED ROOTS HUBBARD . I am a clerk in the General Post-office, London. On the morning of the 4th of August I remember the Hinkley mail arriving in town in the usual state—I opened the bag, I broke the seal, the letters corresponded with the bill which came in it.
Cross-examined by MR. CLARKSON. Q. What time did you open the bag? A. Soon after six o'clock, about six o'clock—I have a particular recollection of what passed that morning—I do not know the number of letters which were in the Hinkley bag—the number was not set down in the bill—the amount of the paid letters corresponded with the amount in the bill.
COURT. Q. Your attention was drawn to it by the prisoner being taken up? A. Yes.
UNIACK RONAYNE . I am a clerk in the Inland department, in the General Post-office, London; the prisoner was a clerk in the same office. On the morning of the 4th of August I and the prisoner were in the same office, separating the town and country and foreign letters, which had arrived that morning—about five minutes after six o'clock, I saw the prisoner take a small letter in his hand—I happened to look towards him, whether he saw me I cannot tell, but he threw it under the foreign box, which is raised about six inches above the table—there was only one row of letters before him then—one of the men then laid two more rows before him, and then he pushed those letters towards the foreign box, which concealed the small letter from my view—he threw a larger one over the small one—he pushed the three rows of letters towards the two letters I have mentioned, having put the large letter over the small one—there is five or six inches between the box and the surface of the table—about twenty minutes after seven o'clock I saw him put his hand under the foreign box, by the side of the three rows of letters, and after fumbling about, he withdrew his hand closed, and appeared to convey something into his pocket—he left the table directly, left that part of the office, and went into another part of his division—I then removed the three rows of letters which I have mentioned, and found the large letter, but the small letter was gone—I reported it to Mr. Holgate, the President of the Inland Office—this is the letter, to the best of my opinion—(looking at it)—I did not see the address, but it was a letter of this size.
Cross-examined. Q. How long have you been in the Post-office? A. Very nearly four years—the prisoner was next above me in the office—he was not placed over me, he was appointed before me—he had been in the office about a month longer than me—I do not know that it is the practice in the office to give rewards to persons who make discoveries of letters; but there is an order in the inland books, saying that a gentleman in the Twopenny Post-office had discovered a person embezzling five letters, and he received a reward of 30l.—I am not aware of any rewards being paid—I think it was a letter-sorter who received that reward—I have met the prisoner's brother and father—I have heard that his father is an old officer in the army—he has lost a leg.
morning, in consequence of which I looked for the prisoner—he was not in the office at that time—I went down stairs to the water-closet, and called him up to do his duty—he answered he would come up immediately—I returned into the office, and he followed in about two minutes, and Mr. Wynne, my colleague, to whom I bad made a communication, took him into a private room, and had him examined.
COURT. Q. Did you observe whether there was any impediment in his speech, when he answered you, at if there was any thing in hit mouth? A. No, I did not.
GEORGE HUXHAM WYNNE . I am vice-president in the Inland-office. On the 4th of August I received a communication from Mr. Holgate, and saw the prisoner, on his return from the water-closet, about three minutes after Mr. Holgate had spoken to me—I saw him coming from the water-closet—I asked him where he had been—he said, "To the water-closet"—I could tell by his speech that he had nothing in his mouth at that time—I then asked why he left his duty, and said, "Just come With me"—I took him into an inner private room, which I went to through the Inland-office, and across a passage about six feet long—the passage is darkish—when we got to the private room I beckoned to the officer (Tyrrell) to retire, but he did not observe me, and I went into the room—the prisoner followed me in—he had walked by my side in the passage—I then asked him under what pretence he had left his duty, and observing him chewing some paper in his mouth, I said, "What have you in your mouth? take it out"—he made no reply—Tyrrell came up—I told him to take it out of hit mouth, which he did, and it was the letter, which has been produced, addressed to Smith, Payne, and Smith—it was in the state, it is in now, the seal broken, and without any contents—here is the mark of teeth on it—I asked him how he came by it—he said he did not know—I asked him again, and said, "You know perfectly well you should not have had this letter"—he made no answer—the letter should have gone out for delivery about nine o'clock.
Cross-examined. Q. Do you know whether it is the practice for clerks to make use of the envelopes of letters which have been used at the office? A. No; they do not get into their hands—they are never scattered about, unless they are letters addressed to clerks—I have seen letters returned from the public offices for allowance, and the allowance having been made on them, the covers are thrown aside—the prisoner gave me no account of the letter at the time—he afterwards, in answer to a question from the officer, said it came to him with other letters as waste paper, and he took it down stairs.
ROBERT TYRRELL . I am a constable at the post-office. I was present when Mr. Wynne came in with the prisoner—I have heard his statement—it is correct—I searched the prisoner in the private room—I forced my finger into his mouth, and pulled out this letter doubled up in this form, wet and chewed—I asked where he got it from—he made no reply—I searched him, and found three sovereigns, one shilling, and one penny, all in his waistcoat-pocket—I searched the other waistcoat-pocket, and found a counterfeit sixpence and two halfpence—in a minute or two the prisoner said he had got the letter from other letters which were put before him, loose letters that came to him; and having occasion to go to the watercloset, he took this with him, and hearing a knock from the outside from Mr.
Holgate to attend, while on the seat, he read the address on the letter, and felt alarmed, and put it into his mouth.
Cross-examined. Q. Did not he tell you that the letter was open when he took it down? A. Oh, yes.
RICHARD CRADDOCK . I am a messenger and constable at the Post-office. I was present at the examination of the prisoner before the Magistrate at Bow-street—before the examination I assisted in searching him in the private room at the office, at Bow-street—when I had gone through the whole of the things he said, "Are you perfectly satisfied there is nothing now?"—I said, "Yes"—he said, "But I am d—d if you know whether I have got it now, but I wish to God I had"—I had told him I was ordered to search him, as they were not satisfied that he had not got the notes; and after I had finished searching his clothes he made that observation.
Cross-examined. Q. Has the amount contained in the letter been paid to Niffin by Lord Lichfield? A. Certainly not—I cannot remember whether Lord Lichfield was in town on that very day or not—the letter would receive the inland stamp in the inland-office—the letter bears the Post-office stamp of the 3rd of August.
MR. NIFFIN re-examined. I did not take the number or date of the notes.
COURT. to UNIAC RONAYNE. Q. Would the letters you were then sorting receive the stamp in that office before they went out? A. Yes, but after they left the table where we had been dividing them—this has not received that stamp—it should receive the inland paid-stamp at the next table.
MR. CLARKSON called
EMMA KING . I am the prisoner's sister; I live with my parents, in Portland-place, New North-road, Islington; my father is a retired officer in the army, and has lost his right leg. I remember Monday night, the 3rd of August—my brother had been in difficulties about a debt which he had contracted with a tailor—he generally came home between nine and ten o'clock at night—he went out in the morning from a quarter to twenty minutes after five—on Monday evening, the 3rd, I went with my mother into my brother's bed-room to place three sovereigns on the mantel-piece for him—we placed them there—my brother slept at home that night—I always make my brother's bed—I made it on Tuesday morning—I was not up before he left in the morning, but I was the first who went into his room—the sovereigns were gone then.
(Nicholas Bird, a retired major in the army; John Bell Connolly, retired captain in the army; and John Galibrain, Esq., M.D., Bayswater; gave the prisoner a good character.)
GUILTY . Aged 18.— Transported for Life.
1996. JOHN THOMAS HOGG , JUN. was indicted for that he being employed in the Post-office, did on the 18th of May, at the parish of St. Anne and Agnes in London, steal a certain post letter directed to "— Andrews, Esq., Agricultural and General Life Assurance Company, 29, NewBridge-street, Black friars, London," containing 7 10l. Bank notes, the property of the Right Honourable Thomas William Earl of Lichfield, her Majesty's Post-master General; and RICHARD HOGG, alias Cooper; for feloniously receiving the said notes, knowing them to be stolen; and that he had been before convicted of felony. Other COUNTS varying the manner of laying the charge; to which
J. T. HOGG pleaded GUILTY . Aged 28.— Transported for Ten Years.
R. HOGG pleaded GUILTY . Aged 54.— Transported for Life.
(There was another indictment against the prisoners)
WILLIAM HOE . I live in Pelham-street, Brick-lane. On the 6th of July, I was at Highbury with my wife and two children—my daughter Esther was one of them—she would have been six years old next November—we were returning home from the Woodbine Cottage, about half-past eight o'clock—it was light—my wife had Esther in her hand, and I had another child behind her—I heard a cab coming along on this side of Highbury Barn Tavern—the road there is wide enough for two carriages—my wife and child were walking in the pathway, at the edge—the cab came close by the side of me as I was walking on the footpath—it was driving very fast indeed—the wheel caught the child's clothes and threw her down, and I saw both wheels pass over her—there was no other carriage in the way at the time—there was plenty of room for him to have gone without coming near the child—on the child being run over, I looked at it and said, "The child is dead"—I did not try to stop the cab—I called to it, but the driver drove on—I cannot tell whether he heard me—I called loud—he did not look back—I ran after him, and called out, "Stop, you have killed the child"—after calling repeatedly, "You have killed the child," he looked back—I was then running with my umbrella in my hand—he did not stop at all—he went out of my sight—I am not able to say the prisoner was the person—the child died in two or three minutes—the wheel went over the head as well as the body.
Cross-examined by MR. CLARKSON. Q. Did you observe whether the cab had any of the windows down? A. No—I should think the man was about a hundred yards from me when he turned round on my calling out—the footpath is about the height of the breadth of my hand from the road—my child was walking close to the edge of the footpath.
ESTHER HOE . I was walking with my husband and children—my little girl was on the path close to the edge—it is a widish path—I heard the cab come—I think the wheel caught her clothes—that threw her down, and the wheels passed over her—my husband pursued the cab—the child died directly afterwards—I saw the driver's face, and believe the prisoner is the man—I did not see him again till above a week afterwards—there was no other carriage in the way at all—he had the whole road to drive in—when I saw him at Hatton Garden I recognised him—the Coroner sat before he was apprehended.
WILLIAM RAPER . I am a cab-driver. On the evening of the 6th of July, I was at Highbury, and saw the prisoner coming down Highbury Grove, driving a four-wheel chariot, coming at about eight miles an hour—that is not quick for a cab, it was going at a sort of canter—I saw the hind
wheel just come off the child's head—there was room in the road for two carriages to pass—there was no other carriage near—I had passed with mine going to Highbury—I looked round on hearing the scream—there was nothing to prevent his going in any part of the road he pleased that I saw.
Cross-examined. Q. He was on his proper side of the road? A. Yes, I had passed him about fifty yards—I was going at a middling pace, not above six miles an hour—the path is not particularly wide there—it is not well marked out—it is nearly on a level with the road.
JOHN THOMAS . I was at Highbury that day, and heard the screams of the parents—I saw the cab—I was considerably before it—it had to come towards me—it was between me and Mr. Hoe at the time I heard the screams—I was about a hundred and fifty yards from the accident, and the cab was twenty or thirty yards nearer to me—I should think the driver must have heard the screams—I heard Hoe call to the driver—I should think the driver must have heard him—he did not stop, but drove on—I could not recognise the driver.
Cross-examined. Q. Did you observe whether the windows of the cab were down? A. I did not—I do not think the sound would be heard so well by a person inside, the rattling of the wheels would distract the sound—I think the driver could not help hearing him—it was running on gravel, and at the rate of eight or nine miles an hour.
ALEXANDER BUTTERS . I am a policeman. I apprehended the prisoner on Wednesday night, the 8th of July—I told him I apprehended him on suspicion of killing a child in Highbury-grove, on Monday night, the 6th of July—he admitted having been there, but said he was not aware of any accident occurring.
Cross-examined. Q. At that time had you got any evidence to identify him as the man who had been there? A. I had information that he was the man—Raper had stated before the Coroner that he was the man.
SAMUEL SCAREY . I was in the cab the prisoner was the driver—I came from Highbury College—I was not aware of any accident happening in the way—at the time I got out I did not know that any mischief had happened to any body—I had not heard any call to the driver to stop—the near side window was down—I drove home to Catherine-street, Strand; and, from the man having waited for me a long while at the College, and being steady, I gave him a pint of beer, and told him I would employ him again—he asked, when I got out, if that was my house, if I lived there—I said, "Yes"—he had driven me to Highbury.
Cross-examined. Q. Was he perfectly sober all the way? A. Yes, and drove in a steady and proper manner, as I thought—I did not see any thing to the contrary—I think if the horse had been galloping or cantering I must have observed it—there is a jerk when a horse canters or trots—I thought it went at one regular pace all the time—I did not perceive any thing to the contrary—I did not hear any one call to him—I think I must have heard it if they had—I started from home at a quarter after five o'clock—he took me to Highbury College—I left there about a quarter after eight o'clock—he had waited all that time for me—I do not think he
was driving at any thing like the pace of eight or nine miles an hour—it was a very indifferent horse indeed—I was not in the least conscious that we had passed over the body of a child—I said that I would employ him again, after I got home, in consequence of his civility and attention, and asked for his address.
(The prisoner received a good character.)
GUILTY.—Strongly recommended to mercy.
One Week Solitary Confinement.
1998. ELIZABETH CLEVELAND was indicted for unlawfully, maliciously, and feloniously assaulting George Day, on the 13th of July, and casting a large quantity, to wit, one half-ounce, of a certain corrosive fluid called sulphuric acid, in and upon his face, with intent to burn him, and whereby he was burned.—2nd COUNT, stating her intent to be to maim and disfigure him.—3rd COUNT, to do him some grievous bodily harm.
GEORGE DAY . I am a coach-master, and live in New-court, Holborn. On Monday, the 13th of July, I was in Lucas-place, St. Pancras, about two o'clock—as I passed a house, a woman, in the ground-floor room, beckoned me, and called me in—I went into the room to her, and, as soon as I got in, they demanded something to drink—I was there about five minutes—I refused to give her any thing, and wanted to come out of the house, but the door was closed—they would not let me come out of the room—there was another female in the room with her—they said I was not going out in that sort of manner, without I was going to stand something to drink, and told me to send for it there—the other girl said, "I will go and get half-a-pint, if you will send for it," but I would not—I went to pull open the door, but it was closed—I cannot tell whether it was flour or lime that was first thrown at me—a woman who was in the room then threw something in my face—it was not that woman who invited me in, but an old woman—the other woman had not said any thing to her before that—I had said I would send for nothing, but if they would come up to the corner I would not mind paying for something, but she said, "Send for it here"—I was in the act of pulling the door open when something was thrown into my face—the prisoner was the woman who did it—it burnt my face all over, and I have lost the sight of my right eye, and the other is so affected I can scarcely see at a distance—it burnt my linen and clothes—I had nothing to do with the woman in the room—it blinded me directly.
Cross-examined by MR. CLARKSON. Q. What did you say you are? A. A cab-master—I have got one cab—I have not followed that trade long—I was working for my father before that—he is a cow-keeper—I had no brother James—I had a cousin James—I have been married about four years—I have no children—I have not been in the habit of frequenting brothels, I swear that—I have never been a complainant at police-offices against prostitutes—I was insulted and had my pocket picked, but not at a brothel—it is a long time ago, it was by one man and one woman—the woman was apprehended, and I went to the Magistrate—I did not stay away and refuse to prosecute—we could not find the other party—I cannot say whether that woman was a street-walker—I was once tried here about some property which was found in a stable which I occupied in Judd-street, but I was honourably acquitted—my cousin, James Day, a cob-driver, was tried with me—he was transported—it was my father's cab, but my stable—we had three cabs—I had one, and he had two—that is between five and
six years ago—I did not go up stairs at this house—the prisoner was in the house when I went in—she did not come in from the outside with the bottle in her hand, she stepped back from the door—I cannot say whether she was burnt herself—I had enough to do to mind myself—she had nothing in her hand when she closed the door, but when I went to pull it open she stepped to a side cupboard, and got it, and threw it right in my face—I had not struck the woman at all—I said if the door was not opened I would open it with the poker—I never attempted to struggle with or strike her—I did not cry out, "My G—d, I have hit something that has blinded me—I said, "My G—d, I am blinded"—I was sober—I had had two pints, or I might have had three pints of porter—I do not suppose that would make me drunk.
MARY ANN MURPHY . I live in Lucas-place, Coram-street—the prisoner lived on the left-hand side round the corner. Between two and three o'clock on this Monday I was going by the house, and heard a noise inside—I heard a little bit of a bother, but not much—I heard a girl ask the man for his money—I did not hear his answer—I heard her say, "Don't let him go, he wants to bilk her"—the street door was a little way open—I saw the prosecutor coming towards the door, and the prisoner got a handful of flour, and hove at him at first—she hove it behind him as he was coming out—he turned round to see what she was heaving at him, and then she chucked something right in his face—he hallooed out, "Oh murder, murder, I am blinded; they have been heaving lime in my face, I am blinded."
Cross-examined. Q. What business do you follow? A. I am a servant out of place, and live with my mother and father—I have also worked at the fur business—I have been nothing else—I have always led a regular, proper life—I never lived at a brothel—I am going on for nineteen years of age—the last place I worked at was No. 33, Hunter-street—I lived at Mrs. Downes, in Bidborough-street, once—she is married, and had one lodger named Temple, and his wife—I lived there about three months—that is not twelve months ago—I left to come home and nurse my mother in her lying-in—my mother lives in Lucas-place—she does not take lodgers—it is a little house at 3s. a week—there are only two rooms in it—I was not tipsy on that day—the door of the room was open—it was going on about five minutes—the prisoner was inside round the corner by the window, not at the door—there is one upper room in the house—I did not see any one else there—I do not know Jane Phillips and Sarah Welch—the young woman stood by, and said, "You shan't go"—whether she had hold of the prosecutor I cannot tell—she was not between him and the door, she was close to the piano—he was struggling to get away—he got towards the door, opened it, and they hove the flour at him, and then hove the stuff in his face—I saw through the door—it was not wide open, but wide enough for the man to have come through—I never saw him before—I know a person named Gainsford—I did not see her—I have been twelve months out of place—I left to go to my mother, but since that I have been working at M'Cave's, the furrier—my father is a bricklayer, and my mother a furrier, the same as myself.
JOHN BOSPHER . I am a policeman. I was called in, and saw the prosecutor very much burnt from having something thrown over him like vitriol, his face, and eyes, and his clothes—I went into the prisoners house, and found her there—I took her into custody, and told her the charge—she
said she was sorry the man was hurt, that it was vitriol she bad thrown over him, and she had got it to clean brass candlesticks—she had not put any water with it, and it was strong vitriol—she said the prosecutor had struck her once, or she should not have thrown it at him, and when she threw it at him she did not think it would have gone in his eyes.
Cross-examined. Q. Have you got the handkerchief which you took off her neck? A. Yes—it is burnt—she did not say it was vitriol she had in her hand—she said it was vitriol she had thrown over him—she said it as I took her to the station-house, and repeated it at the station-house, and at the police-court—I did not know Day before.
WILLIAM DODD (police-sergeant.) I was at the station-house when the prisoner was brought in, about three o'clock that afternoon—the prosecutor stated the whole of the circumstances to me in her presence—she said, in answer to that, "I own I did it, I am sorry for it; it was vitriol; I had not put the water to it; it was strong vitriol; the girl told me not to let him out."
ALFRED BEAUMONT MADDOCKS . I am a surgeon. The prosecutor was brought to me that afternoon—his face and eyes were much injured by the application of a powerful acid—vitriol is of that description—I think there is very little chance of the sight of the eye ever being restored—it is possible, but not probable—his clothes and hat were very much burned.
GUILTY . Aged 53.— Transported for Fifteen Years.
1999. MARY M'CARTHY was indicted for unlawfully, maliciously, and feloniously assaulting James Murphy, on the 15th of July, and cutting and wounding him upon his forehead, with intent to maim and disable him:—2nd COUNT, stating her intent to be to do him some grievous bodily harm.
JAMES MURPHY . I am a coal-whipper, and live in New-court, St. George's-in-the-East. I have known the prisoner five months, while I have been living in the court—I never lived in the same house with her—she abused me once or twice, about six weeks before this happened, and she threatened me several times before that she would give me a mark—I had done nothing to offend her. On Wednesday evening, the 15th of July, I was in the court between seven and eight o'clock—I went into the house where I live, and was asked by my next door neighbour to go and have some beer—I went and saw the prisoner there—I came out of the house directly, and she followed me out—I had said nothing to her—when she came out she caught me by the jacket, and tore it, and said I should go in and have some beer with her—I told her I would have nothing to say to her, and to keep away from me, for she was no good—I got from her and went to my own place—she followed me into my place—I told her far God's sake to keep away, I wanted to have nothing to say to her—I was afterwards standing in the court, with my back against the wall, and my hands in my pocket—she came up, and had a row with another woman in the court, and then turned round and hit me on the forehead with a quart pot, which she had in her hand—it cut me, and bled all the way to the London Hospital, where I went to get it dressed—I was in the hospital twelve days altogether—I had come away a day or two and gone again—I had done nothing whatever to her.
fortnight or three weeks before, and she came to him and begged him to make it up with her—he said she was a bad woman, he would have nothing to say to her, and for God's sake to let him alone—a quart pot was thrown out of the window at her, but by whom I do not know—she took it up and struck him on the forehead with it—it bled a great quantity—we were forced to take him to the doctor's—they could not dress it, and we took him to the hospital—he had done nothing to her to my knowledge, but I was not long in the court—I had but just come down stairs—I was looking out of the two-pair window at the time the accident happened, but came down after it was done.
JOHN WILLIAM SEA . I am house surgeon at the London Hospital. I saw the prosecutor that evening—he had an incised wound over the left eye, about an inch in length—a small artery was divided, and he bled profusely—it was about half an inch deep, and an inch long, or rather more—he would not remain in the hospital that night—he came next morning, and was very ill indeed—he was obliged to come into the hospital—he would have been in danger if he had continued out, but coming in averted the danger—if inflammation had followed it would have been very dangerous—he was twelve or thirteen days in the hospital.
Prisoner's Defence, written. "About four weeks ago the prosecutor insulted me in a very indecent manner, and had done so three weeks before. I told him if he did it again I would mark him. He then kicked me in the back, threw water over me, and struck me, and I threw the pot at him. Had not the neighbours taken me into the house he would have killed me. I have suffered severely since from a cut in my head."
GUILTY. Aged 38.—Of an Assault.— Confined Six Months.—One Week in each Month solitary.
2000. WILLIAM HILL FLETCHER was indicted for burglariously breaking and entering the dwelling-house of Joseph Kirby, about the hour of three in the night of the 11th of July, at St. John, at Hackney, with intent to steal, and stealing therein, 1 pair of sugar-tongs, value 5s.; 1 window-slide, value 6d.; 1 clock-key, value 6d.; 1 necklace, value 6d.; 1 whistle, value 1l.; 1 spoon, value 2s.; 1 snap, value 1s.; 1 knob, value 3d.; 1 drawer-handle, value 2d.; his property: and 1 handkerchief, value 4s., the goods of Charlotte Gifford.
ARABELLA KIRBY . I am the wife of Joseph Kirby, and live at Shackelwell, in the parish of St. John at Hackney. On Saturday night, the 11th of July, my sister fastened up the house—I held the light and saw her do it—I went to bed between twelve and one o'clock—I was disturbed by the policeman between two and three in the morning, who told us the back-door was open—I did not go down till about half-past six—I then went into the kitchen, but missed nothing till I went into the parlour—I there found a blue ribbon which I know was attached to some silver bells the night before—the bells were gone—I afterwards missed Mr. Kirby's silk handkerchief—there were three squares of glass broken in the cellar-window, and somebody had got in at one of the squares—they were large enough for a person to get in—no inner-doors had been opened—the back-door was unbolted, but it was shut—it had been bolted the night before—I missed
the other articles stated when they were shown to me by the policeman—a handkerchief belonging to Charlotte Gifford was taken—she had been visiting us—it was in my husband's hat over night—the prisoner's parents occupy a little house belonging to us, about one hundred yards off—the prisoner lived with his parents, but had left them two or three days before the robbery—our back-door opens into a garden, which has only a low wooden fence to it—a person could easily get over it—the cellar-window is in the front of the house.
JOSEPH KIRBY . I was disturbed by the policeman—after discovering the robbery I gave information to the police—the prisoner was taken on the 13th, I think, about three o'clock in the morning, in the cellar of my house—the policeman knocked at my door, and showed me a handkerchief in the prisoner's presence, which he had found in his cap—it was a handkerchief which I had lost on the night of the 11th.
GEORGE GRAINGER . I am a policeman. On Monday morning, the 13th of July, I was passing the prosecutor's house, and found his front gate open—I went down the area steps, and found the window open—I examined it, and found a cap and a handkerchief lying in it—I called my brother officer off the adjoining beat—we came to the window and called out several times, "Come out, for I know you are here"—presently the prisoner made his appearance—I asked if the handkerchief belonged to him—he said it did—I asked where he got it from—he said he had taken it from Mr. Kirby's the morning before.
GEORGE WILLIAMS (police-constable N 44.) The prisoner was brought to the station-house, on the 13th of July, between three and four o'clock—I did not know him before—I asked him what he had been doing the previous week, (knowing he had been away from his employ, and from his home,) he said during the day-time he was in Shadwell, and during the night-time he was concealed about the prosecutor's premises—I then asked him how he had contrived to live without means during that time—he said, "I did not want, for I lived on the money I took from Mr. Kirby's, which money I spent in victuals and drink"—I then asked what he had got about him; upon which he thrust his hand into his trowsers pocket and produced this brass slide of a window, part of a pair of silver sugar tongs, a brass knob, a brass drawer-handle, a small nut, and part of a gold snap.
(Property produced and sworn to.)
Prisoner's Defence. I went into an empty house, and found these things there.
GUILTY of Stealing only. Aged 15.
2001. WILLIAM HILL FLETCHER was again indicted for burglariously breaking and entering the dwelling-house of Joseph Kirby, about the hour of three in the night of the 7th of July, at St. John, at Hackney, with intent to steal, and stealing therein, 22 shillings, his monies.
JOSEPH KIRBY . On the night of the 7th of July my house was broken open—when I came down at six o'clock I found the door open—it had been fastened the night before—it must have been unfastened from the inside—he had come in through the kitchen window, by breaking one square of glass, and lifting up the window—the glass was whole the night before.
the mantel-piece, and 10s. from the cupboard, all in shillings—the cupboard was not locked—I had put the money there about ten o'clock the night before—it was safe when I went to bed—no one slept in the house but my husband and myself.
GEORGE WILLIAMS . I am a policeman. The prisoner was brought into my custody on the morning of the 13th—I asked him what he had been doing for the last week—he said that during the day time he had been over in Shadwell, and during the night he had been concealed about the prosecutor's premises—I asked him how he had lived without means—his answer was, he did not want for means, for he bad lived on the money he had taken from Mr. Kirby's, which he had spent in victuals and drink.
GUILTY . Aged 15.*— Transported for Fifteen Years.
(There was another indictment against the prisoner.)
First Jury, before Mr. Common Sergeant.
JOSEPH BRIGHT . I am foreman to Mr. John Rumsey, and live in High-street, Shadwell. The prisoners were in his employ—I gave information to the policeman on Sunday evening, having suspicion of the prisoners for a fortnight before, to stop the cart as it was going out—about half-past six o'clock on Monday morning, the 13th of July, they stopped the cart as it was leaving our yard, and I gave the prisoners into custody for stealing fifty-two neats' feet, which are bullocks' feet—on our road to the station-house Burnett said, "Master Tarling has brought me into a pretty mess, he has completely ruined me for life"—after my return from the station-house I searched the soaking tank where the feet were placed on the Saturday—I had seen them safe on Saturday afternoon, about four o'clock—neither of the prisoners had any business with them—I believe the feet which were produced by the policeman to be those I saw on Saturday, and I missed them from the tank, but there were a great many others in the tank—I am certain some portion was taken.
Cross-examined by MR. PHILLIS. Q. Did you count all the feet in the tank? A. No—the tank was about three parts full of feet—I missed them by searching the tank—they were all on a level, about three parts full, but on returning I missed a great many, I could tell by the appearance of the tank—there are not an enormous quantity of these feet in Shadwell—one foot is very much like another—I cannot swear to them, but I believe them to be the property of my master.
Cross-examined by MR. PAYNE. Q. How long have you been in Mr. Rumsey's employ? A. Two years—Burnett has been there between four and five years—Mr. Rumsey is unable to attend—I am certain they had no authority to take the things out at that time in the morning—they were in the habit of going out with the cart at that time to collect tripes, but not to take goods.
JOHN NICHOLAS (police-constable K 1.) In consequence of information I watched, and saw Mr. Rumsey's cart, about half-past five o'clock on Monday, the 13th—Tarling came to the bottom of Gad's-hill, and looked up the street a few minutes—I then saw the prisoners both come out with the cart—I stopped it, and one jumped off one side, and the other on the other—Tarling said, "We had better turn the horse back and go back, it is
master's property, it is all right"—we took them to the station-house, and they were given into custody by Bright—Taplin got into the cart, and took out this bag, containing ox feet.
Cross-examined by MR. PHILLIPS. Q. Did you ask any questions of Tarling? A. Yes—I asked what he had got there—he said, "It is all right, they are master's property"—I said nothing more—they did not attempt to run away.
(Burnett received a good character.)
TARLING— GUILTY . Aged 47.— Confined Six Months.
BURNETT— GUILTY. Aged 23.—Recommended to mercy.
Confined Two Months.
MICHAEL GASHON . I live in Cow-cross. My daughter, Fanny Gashon, came home about seven o'clock on Saturday, the 18th of July, with her hands behind her, her pinafore on, and her frock gone—she is four years old.
GEORGE CHARLTON . I live in Cow Cross-street. I have known the prisoner about three months—I saw her on Saturday evening the 18th of July, at seven o'clock, or a little before—I saw Mr. Gashon's child—I saw the prisoner go and take the child's frock off, down Red Lion-alley—she took her into the privy, and shut the door—I peeped through a crack—they were there about ten minutes—they both came out together, and the child went home.
RICHARD SAVAGE . I am a policeman. I apprehended the prisoner at No. 2, New-court, Cloth-fair, about a quarter before eight o'clock in the evening—I told her the charge—she said she had not been out the whole day.
Cross-examined by MR. PHILLIPS. Q. Did you search the place? A. I did not, I looked round it.
MR. PHILLIPS called
ELLEN GANNON . My husband is a tailor. I know the prisoner—I live in the same house with her where she was apprehended—she lives with her father and mother—on the Saturday evening she was taken, I saw her in her room, quite naked, except an old flannel petticoat, and stays, and handkerchief—she was in the house from three o'clock to a quarter to eight.
NOT GUILTY .
GUILTY .* Aged 35.— Transported for Seven Years.
2005. RICHARD WILLIAMS was indicted for stealing, on the 18th of August, 1 coat, value 15s.; 1 pair of browsers, value 10s.; 1 waistcoat value 2s.; 3 handkerchiefs, value 2s. 6d.; 2 pairs of stockings, value 1s.; 1 shirt, value 1s.; 1 shirt-front, value 1s.; and 1 brush, value 3d.; the goods of William Hurland: 2 brushes, value 6d., the goods of PatrickMallett: and 1 pair of shoes, value 5s., the goods of John Mallett; to which he pleaded
GUILTY .— Confined Six Months.
GUILTY . Aged 26.— Transported for Ten Years.
WILLIAM HERRING . I am in the service of Joseph Walker, of High Holborn—the prisoner was in his service. On the evening of the 16th of July I carried a board to the prisoner's lodging, and asked him what I was to do with it, as the brass was stripped off it—Mr. Walker had discharged him previous to that—he then said he had sold the brass, and if I would meet him next evening, he would get it me if he possibly could—I met him next evening—he said he could not get it—he said I should find the rest of the brass in the cellar—I went down into Mr. Walker's cellar directly I returned, and found some brass where he told me I should find it—it was the property of Mr. Walker.
Prisoner's Defence. I know nothing at all about it—I said nothing of the kind to him—he came to my house at ten o'clock at night, gave me beer, and made me tipsy, and I do not know what I said; it appears by what the witness said at the office, that the brass was put down stairs in the kitchen where 1 worked, but three or four servants had access to that place as well as myself—I took nothing—the brass I told the witness about was not the brass produced—part of my work was to carry coals up for the servant, and as I was shoving up some coals I saw this piece of brass among them, and when the witness asked me if I knew any thing of the brass, I said I had seen some pieces among the coals.
WILLIAM HERRING re-examined. I asked him what was to be done about it—he said, "Hush"—I said, "I must speak, tell me what you have done with them; if you can't speak here, come over the way"—we went, and had a pint of beer—he appointed to meet me next evening with the brass he had sold—when he was in custody he said, "If it will satisfy the ends of justice, I will take you to where the brass is."
GUILTY . Aged 27.— Confined Six Months.
2008. MICHAEL LAMB, alias Daly, was indicted for stealing, on the 9th of June, 2 bags, value 3s.; 1 sovereign, 1 half-sovereign, 3 half-crowns, 10 shillings, 5 sixpences, 60 pence, and 120 halfpence; the property of John Greaves Stevens: and ROGER KELLY , for feloniously receiving the said goods, well knowing them to be stolen; against the Statute, &c.
JOHN GREAVES STEVENS . I am a carman, and live in Margaret-place, Hackney-road. On the 9th of June I left my cart at a door in Buckeridge-street—there was a boy in the cart, and a carpet-bag containing one sovereign, one half-sovereign, three half-crowns, five sixpences, ten shillings, sixty pence, and 120 halfpence, in a box—I was in the house about five minutes delivering some goods, when I came back for my book, I
found the bag and money was gone out of the box with the book in it—I had seen Lamb and Conolly at the cart before I went into the house.
DANIEL HAYES . I sell water-cresses On Tuesday evening, the 9th of July, I was against the public-house, and saw Stevens's cart—I saw his boy in the cart—I saw Lamb against the wheel, climb up, and take the money—one of the boys told Mr. Stevens's boy there was a fight up Bainbridge-street—Lamb gave it to Conolly, and they went up the street.
WILLIAM HALE . I live in Hart-street, Covent-garden. I remember on this afternoon seeing the two prisoners in company, and several more, in Carrier-street, leading out of Buckeridge-street—they were in company together, not doing any thing that I saw—I heard of the robbery a quarter of an hour after.
JURY. Q. Were either of the other boys about the size of Lamb? A. No, I do not think there was one so small—they were bigger boys—some were as big as Kelly.
JOHN GREAVES STEVENS, JUN . I live with my father. I was sitting in the cart, and saw a little boy get on the wheel, and there was a sham fight—I put one foot out of the cart, and was looking at the sham fight—I turned round to tell Lamb to go away, and saw them running up the street with another bigger boy, and the bag was gone—Kelly was down the middle of the street, and they all ran away together—it was Lamb got up to the cart—he was with Conolly—they met Kelly in the street, and all three ran away together.
DANIEL HAYES re-examined. I saw Lamb get up into the cart, and take the bag, and saw him give it to Conolly, and both ran away together—Kelly was reading a book, and he never knew any thing about it till they met him in the street—he went along with the other boys—Conolly had the bag second, and Kelly had it last—they went away together.
Cross-examined by MR. PAYNE. Q. How close was Kelly to them, when it was token? A. Pretty near half-way in the street—the cart was at O'Brien's at the bottom of Buckeridge-street, and Kelly was at the end—he was not in sight of the cart, nor near it at all—I live in Buckeridge-street—I said before the Magistrate that I saw Conolly give the bag to Kelly directly after Lamb had taken it—Restieaux said he would promise me a suit of clothes, and told me I was to have 3s. 6d. a day, if I came to give evidence.
COURT. Q. When did he tell you that? A. A good bit ago, before I came here—he did not tell me to say any thing that was not true—he told me to speak the truth, and nothing but the truth—I have not been talking to Mrs. Kelly—I believe I was told about the clothes after I had been before the Magistrate—I suppose Kelly could see the cart.
Q. Daly got up, took the bag, gave it to Conolly, and he directly gave it to Kelly? A. Yes.
Q. You said Kelly was a long way from the cart, and could not see? A. He was over right by Bank's public-house, which is a little way up.
more than 18d. a day—he asked me if he should be paid for his loss on time coming here, and I said he would be paid 18d. a day.
LAMB— GUILTY .* Aged 12— Transported for Seven Years.—Convict Ship.
KELLY— NOT GUILTY .
EDMUND KNYVETT . I am a teacher of music, and live at Old Abbey Cottage, Kilburn. I had a tent by my house—I saw it safe about half-past ten o'clock on the night of the 11th of August—the policeman called me up about two o'clock in the morning, and I missed it—this is it—(looking at it)—I have taken a great deal of pains to ascertain the prisoner's character, and find it has been irreproachable—it is my firm conviction that he did not take the tent off my place—it was blown down when I came home, and it might have got into the road.
JAMES WATT . I am a policeman. I met the prisoner with the tent on his back—I asked what he had got—he said it was his toggery—(meaning his clothes)—I said it was strange toggery for him to carry, and asked him to let me look—he threw it down, and said he did not know what it was—I said, "Where did you get it?"—he said, "I met it on the road"—I asked what road—he said he did not know—I asked which way he came—he said he did not know—he was the worse for liquor.
NOT GUILTY .
CHARLES DODSWORTH . I live with Joseph Dodsworth, a blade-maker, in Ray-street, Clerkenwell. The prisoner is a smith, and had been at our factory—I saw him there between the 11th and 17th August—I afterwards searched for him, found him at a public-house in Drury-lane, and gave him into custody in consequence of information which I bad received from Grubb—these are the blades—(looking at them.)
GEORGE GRUBB . I live in Cow Cross-street. These knives were offered at my shop for sale by the prisoner on Monday evening last, between five and six o'clock—I asked him where he got them—he said he was sent by a. young man—I knew they were Mr. Dodsworth's knives, because I am in the habit of buying blades of him—the prisoner went out, and spoke to a man who was standing about five doors off, and they walked away together to the corner of Peter-street—the other man then came back, and said, "Those blades are my property, give them up to me "—I did not see an officer, or I should have given him into custody.
Prisoner's Defence. I met a man who I had a slight acquaintance with, he gave me the things, and said he was going to sell them, and asked me to take them in which I did—the witness said, "Whose are they?" and I said, "The owner is coming in."
NOT GUILTY .
EDWARD GRIFFITHS . I am shopman to George Albert Chapman, a linen-draper, in Great Russell-street. On the 27th of July, between six and seven o'clock, the prisoner came to our shop and inquired for some silk handkerchiefs which were in the window, wishing to purchase one—I showed her some—she selected one—she asked for several other articles,
which I showed her—the then inquired for some shawls—I showed her some, and while doing so I saw her take one from the counter, draw the back part of her dress to her side, and put it there—she then asked for a darker shawl—I continued to show her others—she purchased none—I sent for a policeman, and had him waiting outside—I made her bill out, gave her change, and she left the shop—I followed her and gave her in charge—I saw her give up the shawl at the station-house—this is it—(looking at it)—it is my master's property.
(The prisoner received an excellent character—the witnesses engaged to provide for her.)
GUILTY. Aged 21.—Recommended to mercy, — Confined Five Days.
SOLOMON HILBERT . I live in Ebury-street, Pimlico; the prisoner was my servant. On the 30th of July, about a quarter after six o'clock, as I came down stairs, she met me, and asked if I knew whether the parlour-window was left open all night—I said it was not, for I shut it myself, and drew the curtains—she said it was open, and a step-ladder placed against it outside—I ran down and found my goods all in confusion, and several bundles tied up ready to be taken away—I missed about twenty pairs of boots and shoes, as 1 thought then, but I could not tell from the confusion—the police came and inspected the premises, and thought somebody had got in—I at last found I had lost four pairs of boots and four pairs of shoes—these are mine—(looking at them)—I found them at a greengrocer's in the neighbourhood.
Cross-examined by MR. PAYNE. Q. What do you know them by? A. By the make of them—I can swear to them, they are my own manufacture—some of them have my mark on them—they had been taken from the parlour, where they were put, as the shop was being repaired.
JANE FULLER . I am servant to Mr. Baynes, a greengrocer, in Grosvenor-row. On the 30th of July, about half-past six o'clock in the morning, the prisoner came to me and asked if she might leave a parcel, which she did—this is it—it was afterwards opened by the officer in her presence, and contained these boots and shoes.
Cross-examined. Q. Did she bring it the day she was taken? A. Yes—she came for the parcel again that morning—I gave it to her, and she took it out—I had not looked at it myself—I afterwards saw it opened by Mr. Hilbert when she was in custody—I know the shawl it is in.
(The prisoner received a good character.)
GUILTY. Aged 34.—Recommended to mercy. — Confined One Year.
RICHARD TURRELL . I am in partnership with my son, in Long-acre; the prisoner was occasionally in our employ. I lost four deals on the 29th of July, which I had seen safe on the 28th—I have since seen them in the possession of the officer.
HANNAH SHELLY . I live within one door of the prosecutor's timber-yard. I was standing at my door on the 29th—I saw the prisoner take four deals from the yard, put them on a truck, and carry them off—it was about three o'clock in the day.
JOHN CRYSTALL . I keep a shop. On the 29th of July the prisoner came and asked if I would buy two deals—I said I would—four were afterwards brought—he called me out to look at them—I wanted to ascertain bow he came by them—I did not pay him—Mr. Turrell has seen and claimed them.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Six Months.
GUILTY .*— Transported for Ten Years.
NEW COURT.—Thursday, August 20th, 1840.
Sixth Jury, before Mr. Recorder.
2015. SARAH IRELAND was indicted for stealing, on the 25th of July, 4 yards of woollen cloth, value 16s.; 1 yard of jean, value 1s.; 3 yards of linen, value 4s.; 6 yards of holland, value 8s.; 10 yards of calico, value 6s.; yard of muslin, value 1s.; the goods of John Thomas Payne and another: also, on the 26th of July, 1 bottle, value 3d.; 1 quart of gin, value 2s.; and 7 cigars, value 1s.; the goods of John Thomas Payne, her master; to which she pleaded
GUILTY . Aged 18.— Confined Fourteen Days.
2016. MATTHEW BARNES and STEPHEN POLLARD were indicted for stealing, on the 15th of July, 4 bottles, value 1s.; and 4 quarts of wine, value 1 1s.; the goods of Edward Henderson, the master of Barnes: to which Barnes pleaded
GUILTY. Aged 28.—Recommended to mercy. — Confined Six Months.
MR. BODKIN conducted the Prosecution.
EDWARD HENDERSON . I am a wine-merchant, and live in Piccadilly; I have a cellar in Ormond-yard, about three minutes' walk from my place; Barnes was my cellar-man. In consequence of a written communication, I made application in July to the police—Pollard was not then known to me—Hardwick, a policeman, was stationed in Ormond-yard—he has since shown me 4 bottles of wine, which I believe to be my property, from its being the same sort as 1 had in my cellar—I saw a fifth bottle, but there was nothing to identify it.
THOMAS HARDWICK (police-constable C 96.) I was stationed in Ormond-yard on the 15th of July—I bad before that been shown the prisoner Barnes, so that I knew him—I did not know Pollard—I found him to be a shoemaker, having a stall in Ormond-yard—about six or seven o'clock on the morning of 15th of July, I saw Barnes come into the yard—he went into the cellar—when I first entered the yard I saw Pollard at work in his stall—after Barnes had been in the cellar an hour, he came out and went to Pollard's stall-door, and was speaking to somebody inside—Barnes then went back to the cellar—after that I saw Pollard come out of the stall and go into the cellar—in three or four minutes I saw him come
out with a blue bag, which he was carrying with both hands—he went into his stall—I went up to him, put my hand on his shoulder, and said, "You are my prisoner; where is that blue bag?"—he reached it, and gave it into my hands—I said, "I suppose you know what it is about?"—he said, "What a rogue that man was to call me to give me this parcel to take to his wife, to get me into this scrape",—I took him, and found in the bag these four bottles of wine—I after that took Barnes.
Cross-examined by MR. PHILLIPS. Q. What hour of the day was this? A. I first went between six and seven o'clock—I took them a little after eight o'clock, in broad daylight—Pollard was holding the bag before him—Pollard's stall is in the direction of Barnes's house.
MR. BODKIN. Q. How many yards had he to carry it to his own stall? A. About ten.
CHARLES SMITH . I am fifteen years old, and am apprentice to Pollard. I and my master go every morning to his stall to work—I go first—I work during the day, and go home at night—I know Barnes—I have seen him at my master's stall, and I have known my master to go into the cellar—on the day the policeman was there my master went away from his stall about a quarter-past eight o'clock—he took the bag and a bottle of port wine in a Wellington boot—I know the bottle came from Mr. Henderson's cellar on the Thursday before—about three minutes after he was gone Barnes came over to the stall—he said to me, "Go see if you can see your master—I said, "Yes"—he did not tell me to tell him any thing—I went, and told him Barnes wanted him—when I got back to the stall Barnes was waiting at the door, and be told me to tell my master to bring down the bag—Barnes went to the cellar—my master came in two minutes after—I told him, and be took the boot and bottle of wine out of the bag, and took the bag empty, and a pair of boots of Barnes's that he bad been mending, down to the cellar—he was gone about five minutes—he brought something bulky in the bag, but I did not see it—the policeman came up and took him—the bottle of wine and the boot remained in the shop till the next morning—I live at my master's house—I have repeatedly seen wine then—I have never known him to buy any.
Cross-examined. Q. Have you bad any quarrel with him? A. No, I have had a great many blowings-up—not for insulting his wife—he has not threatened to take me before a Magistrate—he said I did not work quick enough—I was not charged with taking more money than I ought.
(Pollard received a good character.)
POLLARD— GUILTY . Aged 48.— Confined Six Months.
WILLIAM HARRISON . I live at the Royal William public-house, at Ball's Pond. The prisoner was my pot-boy three or four months—on the 23rd of July I marked some silver in my till—the prisoner was in the habit of coming behind the counter to clean it—after he had cleaned it, on the 23rd of July, I missed one marked shilling—on the 24th I marked some more shillings—there is a partition which separates the bar and the parlour—I looked through a hole in the partition, which 1 had made on the 24th, and saw the prisoner, when he was left alone, open the till, put his hand in
several times, and take something out—what I saw was coppers—he took out as many as he could lay hold of, and put them into his pocket—he then went again, took something out, and went to the window—he was taken, and one marked shilling was found on him.
Cross-examined by MR. PHILLIPS. Q. Had he been out for sugar the. day before? A. Yes—I gave him a shilling, and he gave me a halfpenny—I am quite satisfied that that was not the marked money, because I had the whole of the marked money in my pocket the next day—he never had libery to go to the till—he never served any body.
SAMUEL MANNERING (police-constable N 168.) I took the prisoner about eight o'clock in the morning, and found on him 18s. in silver, and 10d. in copper—one shilling is marked—this is it—he had it in his right-hand pocket, and 17s. in his other pocket, in this box.
JURY. Q. Had you marked them differently on the two days? A. Yes, those I marked on the 24th were marked just under the neck—I marked them about six or seven o'clock—I had not sent him out with a shilling that morning—this one that was found had been marked on that morning, the 24th.
GUILTY. Aged 15.—Recommended to mercy. — Confined Three Months.
MICHAEL SCALES . The prisoner was in the service of my sons for about six or eight weeks—on the morning of the 25th of June I delivered two letters to the prisoner, between nine and ten o'clock, one to Smith and Payne, my bankers—I told him to take particular care of it, for it contained money—it contained a 40l. Bank-note, No. 70,3713, dated 7th of May, 1840—I wrote it down at the time—before I inclosed the note I took the number and date—from refreshing my memory from a document I made at the time, I have such a recollection as to be able to speak to the number and date—I was at my private house at Old Ford—the letter was to be taken to the post-office at Bow, and put in there, and another letter with it—I never could trace to whom the other letter was directed, but I believe it was to a gentleman at Manchester.
Cross-examined by MR. PHILLIPS. Q. The prisoner was not your servant? A. He was not, but my son's—I handed him the two letters, and told him that the one contained money, to put him on his guard—he usually came for a horse and cart—he did not come on the Saturday following—I inquired of one of my son's men why he did not, and found he had gone away on the Thursday—it excited my suspicion—the number of the note was XO—3713—I said, "Take care of it, for it contains money," both before and after I gave it him—there was no writing on the note when I put it up in the letter.
WILLIAM WATERS SCALES . I and my brother are carcase-butchers, at No. 44, Aldgate High-street; the prisoner was our servant. At five o'clock, on Thursday morning, the 25th of June, I sent the prisoner to
my father's, at Old Ford—he came back about eleven o'clock—shortly after his return, he said he had received a letter from his mother, stating that she was very ill, and wished to see him; would I allow him to go and see her—I said, "Yes, certainly," he should go that instant, if he pleased—I paid him his wages to that day—I believe his mother lived in the country—I did not see him again before he was in custody—I have seen this note before, there is written on it, "Edward Baker, 9, Tooley-street—I know the prisoner's handwriting—I believe the writing is his.
EDWARD BANGER SCALES . I am partner with my brother. I know the prisoner's writing—I have frequently seen him write—I believe the writing on this Bank-note, "Edward Baker, 9, Tooley-street," to be his—I have no doubt of it. (This note was No. 30,3713, dated 7th May, 1840.)
Cross-examined. Q. The prisoner had been in yours and your brother's service six weeks? A. Yes, full that time—he was a kind of under-man, employed sometimes as a drover, sometimes as a door-man—I have seen him write—it is customary to label the meat sent, for sale—I have seen him write the labels repeatedly; not the price of the meat, but the names of the people who sent the meat to us—I have seen him write repeatedly.
CHARLES BRADLEY . I am a clerk in the Bank of England. I know this note—I do not know at present when it was paid in—we do not issue two notes of the same number and date, and amount—I am inspector of notes—this note was inspected by me, and marked with my initials, as being a genuine note—I marked it for the purpose of having change.
JOSEPH SAVAGE . I am a clerk in the Bank. I cashed this note on the 25th of June—I should say it was in the middle of the day—the precise hour I cannot speak to—we require the party producing a note to write his name on it—I should say this name was written at the time—I should not have cashed it without I had found the name and address on it, and in the ordinary course of business that would be written by the person presenting the note.
JURY to MICHAEL SCALES. Q. How long did you keep the letter after announcing to the prisoner there was money in it, and telling him to take care of it? A. I announced it to him an hour before—he went and did some work in my sons' field, and left his work suddenly, unfinished, and made haste to come and take the letter, which was already sealed up, and ready to go to the post—I asked if he was about to return—he said he had something to do in the field—he went, and in the mean time I wrote the second letter—when he returned, I gave him the one with the money by itself, and said, "Take care of this, there is money in it"—(the witness's deposition being read, was as follows:) "The prisoner has been in the service of my sons, No. 44, Aldgate, five or six weeks. On the 25th of June, about half-past nine o'clock in the morning, I gave the prisoner two letters, at my house at Old Ford, requesting him to put them into the post at Bow—one was directed to my banker's—it contained the 40l. note produced—the Bank-note had, at the time I enclosed it, no writing on the front—when I gave the prisoner the letter, I said, "Take care of that, Esau, for it has money in it."
COURT. Q. Have you ever stated before now, that before the prisoner went to his work you had given him intimation of his having to take a letter? A. This is the first time—I supposed he was going to town, and that he would save my servant going—when he came I asked him,
and he then said he was not going home directly—I then wrote another letter—then I brought the two letters to him, and said, "Take care of this, it has money in it"—I was about to give it to him in the first instance—I had no idea of the second letter, when he said, "I am going to the field."
Prisoner. I was within a few doors of my master's when I was taken into custody.
GUILTY . Aged 27.— Confined Six Months.
2019. GEORGE HALL and JOHN WHATLEY were indicted for stealing, on the 20th of July, 1 coat, value 4l., the goods of John Singleton, Lord Lyndhurst: 1 coat, value 2l., and 1 cape, value 15s., the goods of Andrew Fountain: and 1 coat, value 12s., the goods of Youngman Callaby; to which George Hall pleaded
GUILTY . Aged 30.— Confined Twelve Months.
GEORGE MULFORD . I drive a hackney cab, and live in Crown-street, Dean-street, Soho. On the morning of the 20th of July I was with my carriage on the stand, in the Hay-market—I saw the prisoner Hall get over Mr. Chaplin's gate, in Lemon-tree-yard—I saw Whatley there, who is the waterman on the stand—I saw Hall go and speak to him, and then Whatley went to a cab, five cabs behind me, and spoke to Buckoke, who was the driver—Buckoke then come to Chaplin's yard, and spoke to Hall, who said he should want a cab presently—I said to Whatley, "Is that a job from Mr. Chaplin's, as I am first cab, I want to have it?"—I then saw Buckoke go back to his cab, and Hall put a box coat under the gate, then a fustian coat, and then a cape—Whatley took them from under the gate from Hall, and put them into Buckoke's cab—I said, "Whatley, you said it was not a job, but I think it is a bad job for you; I shall stop the cab"—I told the officer—he went to the stand, and I saw Hall get over the gate, and get into the cab—I told the officer to go and stop the cab.
Cross-examined by MR. BODKIN. Q. What time was this? A. Between two and three o'clock in the morning—it was not quite dark—I drove a hackney coach before I drove a cab—I have been in the army—I have absented myself—I never was flogged in my life—I was in the 95th Rifle Brigade, and then in the Dragoons—I absented from the 95th—I was first cab-man on the rank, and ought to have had the job, if it had been a job, but he said, "It is not a job, but a friend going to the railway."
WILLIAM METCALF (police-constable C 133.) Mulford told me something—I went to the cab on the stand—Hall was then inside with a dark livery coat on—I said, "Where are you going?"—he said, "To Covent-gar-den—I said, "I have received information that you got over Mr. Chaplin's gate; cab-man drive me to the station-house"—he did so—as I was going by the side I saw Hall take off the coat and put it to the window—I went round—he opened the other door and ran out—I pursued and took him—then found these coats in the cab—I took Whatley in his own bed at home—he had left his name and address.
JOHN BUCKOKE . I am the driver of a cab, and live in Britannia-street, Gray's Inn-road. I was on the stand in the Haymarket at an early hour, on the 20th of July—I saw Hall inside the yard, and he told me he should want a cab—in a short time after Whatley told me to pull the cab down, and before I could pull it down and get off the nose-bags Whatley brought the coats and put them into the cab—then Hall came and got into the
cab—he told me to drive him to Covent-garden—the policeman came and told me to drive to the station-house—on the way Hall attempted to get out at one side—the officer was going round, and then Hall got out of the near door, and went off down Eagle-court.
Cross-examined. Q. Did you hear Hall say he was going by the rail-road? A. No—he told Whatley he wanted my cab.
: JAMES HEAVER. I am coachman to John singleton Lord Lyndhurst; who lives in George-street, Hanover-square. This coat is his lordship's—it was the one I wore—I had left it on the hammer-cloth of the carriage, in the coach-house, in Chaplin's yard—I saw the gates locked when I left at one o'clock that morning.
Cross-examined. Q. Were there many carriages there? A. Yes—it is a private yard—only the ostler and his wife sleep there.
WHATLEY— NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 17.— Confined Three Months.
2021. GEORGE WILSON was indicted for stealing, on the 8th of August, 1 watch, value 50s.; 1 seal, value 4s.; 1 watch-key, value 3s.; 1 watch-case, value 2s. 3d.; and 1 watch-chain, value 3s.; the goods of William Ebben.
WILLIAM EBBEN . I am a watchmaker, living in High-street, Islington. On the 8th of August, about half-past eight o'clock in the morning, I was outside my house, within ten yards of it, I saw the prisoner come out of my house—I suspected something—I went in and missed a watch and its appendages, which I had seen not two minutes before—I then followed, and saw him go near a butt belonging to a publican—I saw him put something on it—when he saw me he ran round the butt—I met him, caught hold of him, and said, "Where are they?"—he pointed to the butt—I took these articles off the butt, and took him back—these are the watch and case.
Cross-examined by MR. PAYNE. Q. How far had you got before you saw that watch on the butt? A. Fifty yards—he begged to let him go, and said it was his first offence.
GUILTY .* Aged 13.— Transported for Seven Years.—Convict Ship.
2022. SARAH LECOUNT was indicted for stealing, on the 1st of July, 1 shawl, value 2l. 12s., the goods of Charles Earith and another, her masters; and LUKE WOOTTON , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
ALFRED EARITH . I live with my father, Charles Earith—he has a partner—they are silk dyers and shawl cleaners, and live in Goswell-street. Lecount was employed by him for the last three years, as a shawl fringer—she did not live in the house—there was one shawl missed on the 1st of July, and suspicion was attached to her—the property was found at different pawnbrokers—I know nothing of Wootton.
JOSEPH SHACKELL . I am a police-inspector. I apprehended Wootton on the let of July—I found on him a quart pot and a quantity of duplicates, which relate to the pledging of five shawls—he said they were his wife's shawls—I then gave directions to the sergeant to apprehend Lecount, with whom Wootton was living.
JAMES BRANNAN (police-sergeant G 20.) Wootton was brought to the station-house—I went to where he gave his address, at a cigar-shop, No. 31, Bloomsbury-street—in an hour I returned and found Lecount there—I asked if she was the wife of Wootton—she said, no, she was not married—I said he was taken for stealing a quart pot, and some duplicates of shawls were on him—Lecount said they were all her own.
Lecount's Defence. The officer never told me the young man was taken fora quart pot—I did not know what he was taken for.
LECOUNT— GUILTY . Aged 20.— Confined Ten Days.
WOOTTON— NOT GUILTY .
JOSEPH SHACKELL . I am a police-inspector. On the 9th of July, I was coming along Featherstone-street—I saw the prisoner a hundred yards before me, coming towards me—I saw he was carrying something under his coat—he saw I was looking at him, and he turned up James-street—I followed him in a walk—he saw me, and threw the pot away and ran—I called "Stop thief," and he was stopped—he said he was told by a person to go and take the pot, that it was planted in a skittle ground.
Cross-examined by MR. CLARKSON. Q. What is the meaning of planting? A. Hidden, to be taken away.
Cross-examined. Q. Did they make you prosecute whether you would or no? A. I said I was very unwilling to come—the pot is not disfigured—I cannot tell when I saw it last.
(The prisoner received a good character.)
GUILTY. Aged 21.—Recommended to mercy by the Prosecutor.
Confined Two Years.
MARY ANN GOODWIN . My husband, John Goodwin, is a shoemaker in Dartmouth Cottages, Kentish Town. On the 10th of July, at half-past eleven o'clock in the morning, I was at home—I did not see any one come into the shop, nor go out—a young man came and told me I had been robbed—he went after the prisoner—I went after him and met him—he returned with the prisoner and the shoes, which are my husband's—they were hanging inside the shop.
GEORGE LAWSON . I was cleaning some windows, and saw the prisoner walk into the prosecutor's shop—he walked out and walked in again—he had an apron on, and put the shoes into it—there was a young man received them from the prisoner—I pursued them, and they threw them down—I took the prisoner—a boy picked up these shoes—the prisoner if the person that went into the shop.
GUILTY .* Aged 18.— Transported for Seven Years.
HENRY BAPTISTE GLANVILLE . I am in the service of Charles Carter, a linen-draper, in Cross-street, Hoxton. About the 21st of July, I missed some cotton when the policeman came on the Friday following—I do not know when it was taken—it was taken from the door—the officer showed me a piece of printed cotton—(produced)—this is it—it is my master's.
Prisoner's Defence. I was going to Petticoat-lane to purchase linen rags—I could not get any but a piece of print, fifteen yards, and gave 4d. a yard for it—I was returning home and met a young woman, who asked me to go with her to buy a bonnet for her little girl—we had something to drink—we went into the prosecutor's shop—she said the bonnet was too little—she went out and said, "Let us stand up for the rain"—while we were there the policeman came up—the young woman gave me the bundle and ran away.
GUILTY .* Aged 22.— Transported for Seven Years.
(There was another indictment against the prisoner.)
2026. THOMAS HOOPER was indicted for stealing, on the 22nd of July, 1 pewter pot, value 1s. 3d., the goods of Parkin Fothergill; 2 pewter pots, value 2s. 6d., the goods of Henry Elston; 1 pewter pot, value 1s. 3d. the goods of James Lawrence, and 1 pewter pot, value 1s. 3d., the goods of Mary Wicks; and that he had been before convicted of felony.
WILLIAM HORSFORD . I am constable of the Mendicity Society. On the 22nd of July I was on duty—I saw the prisoner cross Tottenham-court-road into Store-street—knowing him I followed him, with Daniels another officer, who stopped him, and took something from him, which was a pint pot—I then took a basket of pots from him, and said, "What are you going to do with these?"—he said, "l am a pewterer "—I said, "I know you are a pewter dealer"—I took him into a public-house, and found four pots in this basket.
Prisoner's Defence. I was in Store-street, looking for employ; I met a person named Sheen with a basket; he asked me to take it while he went to try to get a job.
GUILTY . Aged 60.— Transported for Seven Years.
GODFREY LANGHELT . I am a broker. The prosecutor lives in Upper Wimpole-street—I went to his house to take some carpets to beat—I brought them back to his house—the prisoner and two others assisted me—he is a porter—he went up stairs to assist me in carrying them up to the top of the house—when he came out I saw some books in his waistcoat pocket—I told him to give them to me, for he had taken them from the house—he let me have them—these are the four—he had got about a quarter of a mile.
Cross-examined by MR. CLARKSON. Q. Did you not think there were more books than the four? A. Yes, I let him go at first, and then thinking there were more lost, had him taken again—he had no opportunity of parting with any—I found him honest before.
ANN BRIDGET . I am servant to Mr. Frederick Burmester. The prisoner was assisting in taking the carpets into the house—these books were in the back drawing-room, they are my master's, and there are two more missing, which we have not yet found.
GUILTY. Aged 25.—Recommended to mercy, — Confined Three Weeks.
THOMAS HALL . I am in the employ of Swithin Home, a butcher. He has two shops, I superintend the one in Manchester-street, Regent's Park, the prisoner was my assistant—there are two tills, one in the shop, and one in the adjoining room—he had nothing to do with either of them in any way. On the 23rd of July I was out of the way for a short time—the till in the parlour contained 1l. in silver, two half-sovereigns, and one sovereign—I locked it, and put the key into the till in the shop, which was not locked—I put it under some papers—I returned in two minutes, and found the prisoner at the parlour till—I asked him what right he had there—he said, "To take the money out to put into the till in the shop, to give change "—I found two half-crowns on him—I told my master, and he was taken.
Cross-examined by MR. CLARKSON. Q. How old is he? A. About fifteen, I am nineteen—he was not left in the shop—he was outside, scouring a board—if any one came in for meat, they might have waited till I came in—he was not at liberty to serve—I cannot say whether he ever served—there was no way to get change, but to go to the till in the parlour—I did not put the key of the parlour-till into the till in the shop as a
trap—I do not know that he saw roe de it—I found the two half-crowns in his hand.
(The prisoner received a good character; and Mr. Mason, a publican, engaged to employ him.)
GUILTY. Aged 15.—Recommended to mercy — Whipped.
MARY MOORE . I am a widow; I live at Chelsea, and am a florist The prisoner lodged in my house—in January last I missed some spoons—the servant went away, and the prisoner said the servant had taken them—I then missed a great many more things—the prisoner said she was a person of property—she was with me seven or eight months.
RICHARD BOWSER . I am a pawnbroker. I produce a shift, a table-cloth, a towel, and pillow-case, pawned by a woman in the name of Wilson—the duplicates given for them are those produced by the officer.
(Property produced and sworn to.)
Prisoner's Defence. I had spoons marked in the same way as the prosecutrix's, and I pledged them in mistake for my own; I had left the duplicates as security with Mrs. Watling.
GUILTY . Aged 48.— Confined Six Months.
OLD COURT.—Friday, August 21st, 1840.
Third Jury, before Mr. Sergeant Arabin.
2030. ELIZABETH CLAYTON was indicted for stealing, on the 8th of July at St. Pancras, 1 purse, value 1s.; 1 canvass bag, value 1d.; 36 sovereigns, 10 half-sovereigns, 6 half-crowns, 12 shillings, 10 sixpences, 6 groats, and 1 10l. Bank-note, the property of Joseph Salmon, her master, in his dwelling-house; to which she pleaded
GUILTY . Aged 18.— Transported for Ten Years.
GUILTY . Aged 17.— Confined Three Months, and Whipped.
GUILTY . Aged 62.— Confined Three Months.
GUILTY . Aged 18.— Transported for Seven Years.
MR. CLARKSON conducted the Prosecution.
HENRY POPE . I am gate-keeper at St. Katherine's Docks. On the afternoon of the 4th of August I was at the back of the warehouse letter F, and saw the prisoner coming towards his cart, which was waiting there—I noticed that he appeared rather bulky under his left arm, inside his jacket—I went and asked what he had get—he said he had got nothing—I searched him and found this pound of indigo there—it is a sample pound—I asked him where he got it—he said one of the labourers had given it to him on the staircase—I took him back to the warehouse to point out the man—he said he could not.
Cross-examined by MR. PHILLIPS. Q. Are you sure he said he had nothing? A. Positive—the faces of the labourers in the warehouse are quite blue from the indigo—he said the man would come for it.
MR. CLARKSON. Q. Did you know the prisoner before? A. Yes; he was in the habit of coming to the docks, and perfectly understood the regulations—he knew he must not take goods out without a printed order—he works for Mr. Bastead, a carter.
THOMAS TORRENCE . I am a labourer in the indigo department. On the 4th of August I drew a sample of indigo from the F warehouse—this bears the mark of the ship Windsor, which I put on it—I had put it on the sampler's table—a person in the warehouse could have got at the sampler's table—the prisoner had to pass by where it was.
Cross-examined. Q. Are you quite certain he was obliged to pass the spot where it was? A. He must pass by the part which keeps him from it—I am quite certain of that.
JOHN HOWARD . I am a sampler in the indigo department. I know this sample to have been brought to my table about eleven o'clock that day—I saw it there till about twelve o'clock, and did not miss it till I was sent for.
GUILTY. Aged 23.—Recommended to mercy .— Confined Six Months.
Before Mr. Baron Gurney.
WILLIAM LAKE . I have lately been admitted into the workhouse of St. Martin's-in-the-fields—I lost two half-crowns, five shillings, a sixpence, and a penny—I saw it last the night before, when I went to bed—I think it was last Friday week—when I went to bed I put it into my trowsers' pocket, in two pieces of paper, and hung my trowsers by my bed-side, so that the money could not fall out—when I got up in the morning the money was gone—the prisoner slept in the next bed to me.
Cross-examined by MR. PAYNE. Q. How long afterwards did you go before the Justice? A. I think it was a week afterwards—the prisoner was locked up in the workhouse that time—his father is a negro, and it also in the workhouse.
EDWARE SEAGRAVE . I am going on for eleven years old—I am in St. Martin's workhouse—I slept in the same room as Lake—not in the same bed as the prisoner—one night I saw him get out of bed, and take two papers, with money in them, out of Lake's breeches'-pocket—it was in the
night—I did not see what was in the papers—I told him next morning what I had seen, and he said he would give me 6d. to say nothing about it—he offered it, but I refused to take it—I saw him with two half-crowns, five shillings, sixpence, and a penny—he was making a purse to pat it into—I directly told my father and Lake.
Cross-examined. Q. Were you brought up in the workhouse? A. No—my brother slept with me—another boy slept down in the corner, in the next bed to the prisoner—the wardsman was sleeping in the room—I laid still when I saw this going on—the boy next to the prisoner was awake—he is not here—I am quite sure it was the prisoner—I told him, about half-past nine o'clock the next morning, what I had seen—it happened about half-past nine in the night—there was a light shining in the room—we go to bed at nine o'clock—the wardsman goes to bed soon after us—I saw the prisoner once in the cell where he was locked up—I did not see a strap on him.
JOHN HUGENS . I am in St. Martin's workhouse. I am the wardsman of the room; six persons slept in the room. On Saturday morning I heard of the loss of the money, and asked them all about it, the prisoner among others—he did not produce any money—they said they knew nothing about it—they were all in the room but Seagrave—when he came in I challenged him with it, and said, "We shall all be blamed for it"—he told his father and me that he saw the black boy get out of bed, and take the money out—I said to the prisoner, "You young thief, you have got the man's money;" and upon him was found two half-crowns, five shillings, sixpence, and a penny, in this bag—he then said, "I found it"—I took him to the master, and he told him the same.
Cross-examined. Q. We understand he was kept in confinement in the workhouse a whole week before he war taken before the Magistrate? A. Yes, but he was breaking the place all to pieces, and trying to break the windows—he was locked up the day after this took place, about two o'clock—the father did not apply to me to be allowed to go before the Magistrate with him—I did not see him there—I did not see any strap put on the prisoner.
MR. PAYNE called
JOHN CHARLES GRANT . I am the prisoner's father, and was in the work-house with him. He was confined there a week or eight days before he was taken before a Magistrate—the last day he was taken down into the cell, and a strap put on him—I went, and saw it pressed so hard on him that I begged the master to release him, and it was taken off—he was put in another cell, underground—he was put there for the felony that was alleged—I applied to the master to be allowed to go before the Magistrate—he referred me to the solicitor for the parish, who refused—my son was once sent to the house at Norwood, and escaped from there through ill-usage.
GUILTY. Aged 10.—Recommended to Mercy. — Transported for Seven Years—Convict Ship.
2036. THOMAS MILES and JOHN BENNETT were indicted for burglariously breaking and entering the dwelling-house of James Lane, about one o'clock in the night of the 11th of July, at St. James's, Westminster, with intent to steal, and stealing therein 7 rings, value 20l.; 2 neck-chains, value 20l.; 2 pairs of bracelets, value 10l.; 6 lockets, value 10l.; 2 seals, value 3l.; 1 watch-key, value 1l.; 1 brooch, value 2l.; 1 coat, value 3l.; 1 waistcoat, value 10s.; 16 pairs of stocking, value 3l.; 2 collars,value 1l.; 2 sleeves, value 15s.; 7 pairs of boots, value 4l.; 1 pair of shoes, value 7s.; 6 printed books, value 1l.; 1 drawing, value 2s.; 12 tooth-brushes, value 6s.; 1 jacket, value 15s.; 2 bags, value 1s.; 3 half-sovereigns, and 6 5l. notes, the property of Henry Blisset, clerk.—2nd COUNT, stating it to be the dwelling-house of Henry Blisset, clerk.
MR. BODKIN conducted the Prosecution.
REV. HENRY BLISSET . I was staying in London in July last, and occupied as a sleeping-room the front parlour at Mr. Lane's, in St. Albans-place. On Saturday, the 11th of July, I had been to the Opera, and returned about twelve o'clock at night—I found my room in order, just as I had left it when I dressed to go to the Opera—I went to my club to get tea, leaving every thing safe—I did not lock the room-door—I shut it, and at the time I went out a Captain Cape came in, but the outer door was shut—I heard it shut to after me—I returned from my club about two o'clock, and found two policemen, the two porters of the house, the maid-servant, and Mr. Lane, in possession of the room, and property worth at least 150l. was gone—there were articles of apparel, Bank-notes, gold coin, half-sovereigns, gloves, boots, and other property—a reward of 30l. was offered—on the 24th of July I accompanied the officer, when Miles was apprehended, to the crossing of the street, near Leicester-square—a pair of straw-coloured kid gloves were taken from him at the station-house—they were exactly the description of gloves which I threw on the table when I left the room—I could not exactly swear to them—Miles was asked where he got them—he said he had them given to him—I was shown a pair of boots and shoes before that—I was present when Bennett was taken into custody—I saw a shirt, a hat, a pair of stockings, and a duplicate taken from him—Miles was taken before the Magistrate on Saturday morning, having been apprehended on Friday night—he was remanded till the next Saturday—Bennett was taken before the Magistrate on the Monday—Inspector Covington asked the Magistrate to remand him (having found property of mine on him) till the Saturday to which Miles had been remanded—I heard the Magistrate, after a statement Bennett made, say he would not take that down—he said he should keep that till he was brought up for another examination.
MR. FITZPATRICK. I am clerk to the Magistrate. The prisoner was charged on the oath of the inspector, on suspicion of being concerned with Miles in stealing a shirt and other articles, value 100l., the property of the prosecutor—nothing more was taken down—he was remanded till the Saturday following.
Cross-examined by MR. PAYNE. Q. Is that all you heard? A. I heard Bennett make a statement, but the Magistrate said, "Don't take that down "—I do not know what it was.
REV. MR. BLISSET re-examined. The Magistrate asked him what he had to say to this—Bennett then said, "I confess I was in the robbery, I am guilty of the robbery, but I have been led into it by others, and it is my first offence."
Cross-examine. Q. Tell us the precise words? A. That is as near as I can recollect—I am certain he confessed he was in the robbery—I am certain that was the substance of it—this is not the first time I have stated it—I have mentioned it frequently in conversation—it is the first time I have stated it in public.
MR. BODKIN. Q. You were never examined in any public place, I
suppose? A. Except before the Magistrate—when they were brought up at the second examination it was not before the same Magistrate that heard that observation.
THOMAS VIVIAN (police-constable C 58.) About twenty minutes before two o'clock on Sunday morning, the 12th of July, I was on duty in St. Albans-place—I tried the door of No. 8, and found it give way in my hand—I went in, and alarmed the family—I found the room on the ground floor had been entered and robbed.
LOUSIA TURNPENNY . I live at No. 3, St. Albans-place. I take care of it for Mr. Lane, who does not live in it himself, but lets it out—I sleep there—I remember Mr. Blissett going out, after returning from the Opera on Saturday—to the best of my knowledge all the gentlemen were in besides him—I went to bed after that—Mr. Blissett had a key to let himself in—I was soon after awoke by the police-constable' knocking at the kitchen door—I went into the front parlour, and found somebody had robbed the room—I let a gentleman in after Mr. Blissett went out, and I shut the door after him—it was Mr. Mayo—I am certain the latch caught—I think I have seen Miles passing the house, but nothing more.
Cross-examined. Q. How long after Mr. Blissett went to the Carlton-club, did Mr. Mayo come in? A. He came in about a quarter to one o'clock.
Miles. Q. On what day did you see me pass the house? A. I cannot say—it was before the robbery—I cannot say how long before.
JOSEPH STREATHER . I am a shoemaker, and live in Broad-street, Bloomsbury—I know Miles. On Friday, the 17th of July, he came to my house about nine o'clock in the evening, and brought a pair of cloth boots, and a pair of high-lows, which I produce—he asked 8s. for them—I gave him 6s. 6d.—he said he had two pairs more, would I buy them—I said, "Let me see them "—on the following morning I was going to take some work home, and saw a bill describing the robbery—I returned home and found the name of Mason on the boots, and immediately made a communication to the police—when I came home I found the other two pairs had been brought—I gave the policeman a description of Miles, and gave him the boots.
WILLIAM LAKE . I am servant to Mr. Streather. On Saturday, the 18th of July, Miles came to my master's shop between eleven and twelve o'clock in the day—he brought a pair of boots, and a pair of shoes, which I produce—he wanted 10s. for them—I gave him 7s. 6d.—he said he could not take 7s. 6d., for them, they were not his own property, but belonged to a valet in place, and he was a valet out of place—I said if the valet did not approve of the sum, I would return the goods—he said the valet was in place, and could not come himself.
ANDREW VALLANCE . I am a police-sergeant. In consequence of a communication made to me by Mr. Streather, I searched for the prisoner Miles—he had described his person—I found him on the evening of the 24th, between twelve and one o'clock at night, in Leicester-square—he was in company with another man at the corner of Bear-street, before he passed me—(that man is called "Flash Tom, the groom")—Inspector Covington, who was with me, asked him if he knew of any boots being taken to Broad-street—he said, "No"—I told him afterwards that I wanted him for that robbery in St. Albans-place, and he must go with me—I took him to Broad-street, to Mr. Streather's—I knocked Mr. Streather
up—he saw Miles and immediately identified him—these boots and shoes were taken to the station-house—as Miles was going to the station-house I heard something drop—Mr. Lane was behind—I asked him to pick it up, and found it was this bag, containing ten skeleton-keys and one latch-key—I searched his person, and found this pair of gloves—I asked him where he got the boots and shoes—he said he was sent to sell them by another person—I asked him who it was—he said he did not know him—the Inspector asked him where he himself lived—he gave no address at all—I found out that he lived in James-street, Oxford-street—I went there, and saw his wife there—I had seen her with him, and knew her before—I there found three latch-keys, and a duplicate—while I was at the lodging, Flash Tom came in—I was not present before the Magistrate, when Bennett was brought there—in consequence of information I went to the lodging of a man, named Ashley, in Whitcomb-street, and found two ladies, sleeves there, and a quantity of small keys belonging to a dressing-case, which the prosecutor has identified—I also found part of a writing-case there—it is part of the brass catch, with a small piece of the leather, and a small bone box.
Miles. Q. Did I tell you, or not, that I was the party; or tell you who was the party? A. Yes, you told me the following morning.
MR. BODKIN. Q. What did Miles say to you next morning? A. He told me that Bennett and Ashley were the parties who committed the robbery, and they gave him the property to sell.
JAMES LANE . I am owner of this house, and several others, which I let out to gentlemen. On the 24th of July I was in conversation with Vallance when Miles was being taken to the Station-house in Leicester-square—in going to the station-house he dropped this bag—I took it up, and gave it to the officer—it contained the keys—I think I have seen Bennett—whether he has been with a gentleman at my house, I do not know, but I am certain I have seen him about my premises at some time.
Cross-examined. Q. You have seen a great many people at times? A. A great many—I should say that Ashley, who is not in custody, has been servant to a gentleman at my house.
JAMES COVINGTON . I am a police inspector. I took Bennett into custody on the 25th of July, about nine o'clock in the evening, at the Duke's Head public-house, Charlotte-street, Portland-place—Flash Tom the groom was in his company at the time—they were at supper—I took him to the station-house, searched him, and found on him this shirt, this hat, a pair of stockings, and a duplicate for a waistcoat.
Cross-examined. Q. How were they in company? A. Sitting by the side of him.
MR. BODKIN. Q. Were they sitting in company together? A. Yes, and the other followed down to the cell, and spoke to the prisoner as knowing him.
WILLIAM GOFTON . I am a pawnbroker, and live in Gilbert-street, Grosvenor-square. I produce a waistcoat pawned at my shop on the 22nd of July, in the name of John Bennett, for 1s. 6d.—I do not know who by, but the duplicate produced is what I gave for it.
WILLIAM WOOLGAR . I am a bricklayer, and keep the house No. 52, Whitcomb-street—Ashley lived in the back garret—I remember the policemen coming to search—they searched the room Ashley had occupied—on Sunday morning, the 11th of July last, Ashley came home about two or three o'clock in the morning, and gave me a half-sovereign—I cannot
tell what he owed me, but I gave him 1s. out of it, as he said he wanted 1s.—he gave it me in part payment of what he owed—the door of that room was usually unlocked, but afterwards it was kept locked—I do not know either of the prisoners—I am out in the day-time at my business.
SOPHIA GRADY . I live with my mother on the first floor of No. 52, Whitcomb-street—Ashley lodged in the garret. I remember the officers coming to search—I had before that seen Miles at the house—he came and knocked at the door one day—it was about a week before the officers came—he asked for the name of William Ashley—I let him in—he went straight up to Ashley's room—there was a young man with him who I should not know—Miles had a dark coat and trowsers on—I did not notice the dress of the other—I saw the men come down again in about ten minutes or a quarter of an hour, and the man who is not here carried a bundle—Miles went down with him—they both went out together—they went up to the room as if they knew it.
JOHN GRAY (police-constable C 14.) I remember the day Miles was apprehended on this charge—I saw him that day before he was taken into custody, or the day before, I do not know which, standing about twenty yards from where I live, which is about 200 yards from Mr. Woolgar's house—he was in company with Bill Ashley—they stood some minutes together near the public-house door—I knew them both before.
REV. MR. BLISSETT re-examined. I have seen every thing produced before, except these keys and things found at Ashley's, which were not before the Magistrate—these boots are mine—I am positive of them—I left a new pair of gloves like these on the table, and missed them when I returned—this waistcoat was among the property stolen—this shirt is mine—the hat I cannot speak positively to, but I believe it to be mine—these lace sleeves I am positive were in my carpet bag—there was a maroon covered leather writing-desk, mounted with brass taken—the leather produced is exactly the same colour, and the mounting is the same—this ivory box for pencil-points was in the writing-desk—I am positive I left the writing-desk locked—this bunch of small keys were in my carpet bag—I rather think these three were on the table.
Cross-examined. Q. You are most positive to the shirt and waistcoat? A. Yes, and the boots, and these keys—the bulk of the property has not been found.
Miles's Defence. I knew nothing of the robbery until nearly a week after it was committed.
(James Serman, a traveller, of Queen-street, Edgeware-road, the prisoner Miles's cousin, gave him a good character.)
MILES— GUILTY . Aged 38.— Transported for Life.
BENNETT— GUILTY . Aged 20.— Transported for Fifteen Years.
2037. LORENZO CANAPI was indicted for unlawfully, maliciously, and feloniously assaulting Jesse Peters, on the 8th of July, and cutting and wounding him, in and upon his left thumb, with intent to maim and disable him:—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
JESSE PETERS . I live in Fletcher's-place, Islington. On the 8th of July, between five and six o'clock, I was in Cross-street, Islington, and saw the prisoner with a hurdy-gurdy—he was heaving stones at some boys, and they were heaving stones at him—after that I observed my little
brother, who is nine years old, I saw the prisoner hit him and kick him—I had not seen whether my brother had thrown stones at him—he ran towards me—the prisoner followed him, and hit him—I asked what he was going to do, and held my arm to him—he then drew a knife from his side-pocket—he had a string to it—he tied the string round the knife, and came towards me, and cut me—he held the knife to me, and struck at my breast, but I held up my hand and received the cut in my thumb—I did not strike him, nor attempt to strike him—I held my arm up to keep him off my brother—I then ran away from him, ray thumb bleeding a good deal—I staid till the policeman took him, and then went to a surgeon.
Cross-examined by MR. PAYNE. Q. How old are you? A. Sixteen years—I had been to fetch some butter—I did not see what took place before I saw him running after my brother—I cannot read or write—I held up my hand, and then he took out the knife—I did not go up afterwards to take the knife from him, I meant to catch hold of him with my left hand—my thumb got well in a fortnight—I was about twenty doors off him—he followed me off the pavement the first time—when I went home, he ran away—my father went out and stopped him and took him—the surgeon put a plaister on my thumb—it was afterwards poulticed, and is quite healed now.
TIMOTHY JOSEPH PETERS . I am nine years old. On the 8th of July I saw the prisoner with his hurdy-gurdy—there were boys throwing stones at him, and he threw stones at them—I did not throw any—he knocked me down and kicked me—my brother came up, and I ran towards him—I saw him stab my brother.
Cross-examined. Q. What had you been about, what were you doing? A. Sitting on the pavement—I did nothing to him.
WILLIAM CHARLES CHAPMAN . I am a town traveller, and live in Lower-terrace. I saw the prosecutor holding up his hand to prevent the prisoner striking his brother, as I thought—I saw the prisoner draw a knife from the side of his jacket, open it, and strike at the prosecutor about the shoulder—the prosecutor stepped back, and held his hand up, and it stuck him in the thumb and cut him—the prisoner then shut the knife and walked away—the prosecutor walked after him, and held up his hand as if to collar him—he opened the knife again, and struck at him several times, and cut him through the bat—I turned to take hold of him, and he turned round to me, but did not strike at me, but shut his knife and walked off—I came up the instant he was taken.
Cross-examined. Q. He was going away the second time when the prisoner went after him? A. Yes—I saw no stones thrown.
NATHANIEL HENRY CLIFTON . I am a medical student. The prosecutor came to me—I dressed the wound, which was inside the thumb on the left hand—it divided the integuments—it was quite well in a fortnight.
Cross-examined. Q. It had no dangerous appearance at any time, had it? A. I believe not—he came to me the same day—it did not appear to have been inflicted by a very sharp instrument.
CHRISTOPHER NORTH . I was present when the prisoner was in the station-house—the knife was not found on him—I afterwards found it on the seat where he sat after he was removed from one room into another—it has a spring to it.
(The prisoner being an Italian had the evidence communicated to him by an interpreter.)
(The prisoner received a good character.)
GUILTY.—Of an Assault. Aged 18.— Confined Six Months.—One Week in each Month solitary.
2038. JOHN PHETHEON was indicted for stealing, on the 26th of February, at St. George, Hanover-square, 4 salt-cellars, value 4l.; 6 ladles, value 1l. 5s.; 18 forks, value 9l.; and 6 spoons, value 4l.; the, goods of Thomas Robert Baron Hay, his master, in his dwelling-house:—2nd COUNT, stating it to be the property of the Earl of Kinnoull, in Scotland.
MESSRS. BODKIN and BALLANTINE conducted the Prosecution.
THOMAS MOWBRAY NEATHAM . In July last I was butter to the Earl of Kinnoull, at No. 58, Green-street, Grosvenor-square, in the parish of St. George, Hanover-square. The prisoner was the under butler—his Lordship was leaving town in July—previous to his leaving it was customary to examine all the plate before it was sent to the banker's—a small portion of the plate was left behind in the house, kept in a small iron chest—on the 14th of July I told the prisoner to put all the plate out as usual, that it might be examined before it was sent to the banker's—next morning I went into the pantry—the plate was in the strong closet—the prisoner was in the pantry—I did not find the plate put out, but found one chest packed and another partly packed—I said, "I desired you to put the plate out that I might examine it before any part was put away"—he said, there was bags belonging to what was put away, and he thought it much better to put it in the chest out of the way—I asked him the contents of the chest, and as he named them I wrote them down in a memorandum book—it was the chest No. 1, which was already packed—he lifted the trays out of the chest—I saw the large things, and there was a number of small things, which I took his word that they were there as he named them—he locked that chest down, and we went on packing the other chest—I said, "Now we will put all the plate out in the pantry before any more is put away, we will have it out and examine it,—it was done—I examined it and missed the snuffer-tray—I asked him where it was—he said he would tell me after a short time—I then went on, and missed a lemon-dish and two strainers—I asked him where they were—he said he would tell me after a bit—these articles were replaced by the prisoner the same evening—I found the remainder of the plate correct as far as I examined—about twelve o'clock the same night I went into the pantry, and opened the chest No. 1, which had been packed by him—I examined them by the list he had given me, and found four salt-cellars missing, and six ladles—I examined the other chest, and found it right—next morning I went into the pantry—the prisoner came in afterwards—I told him I had a claret cork to put away, and asked him what chest we should put it into—he said, "No. 1 chest"—when this chest was opened, I said, "I did not examine the contents of this chest, it would be more satisfactory to myself, and also to you, that we should examine it"—I told him to take all the things out—I asked him if the things were in that chest according to the list, and read it down to him three times over, and he said it was correct—I then said it would be more satisfactory to examine them—they were taken out, and four salts and six ladles were missing—I asked him where the salts
were—he said he had pawned them—when we missed the ladles I asked where they were—he said he had pawned them also—I told him they must he forthcoming, as the chest would leave the house at nine o'clock to go to the banker's—this was about half-past seven o'clock in the morning—he said if I would allow him an hour they should be forthcoming—I said, "Now we had much better examine the contents of the iron chest," of which he kept the key—I did so, and asked him the contents of the chest—he laid six tea-spoons and two salt-spoons down before me, and said, "That is all"—I had a list of what ought to be in it, which I received in February from his Lordship—it was quite right then—I missed twelve table-forks, six table-spoons, and six dessert forks—I asked where they were—he said he had pawned them—I told him all the plate missed must be forth-coming by nine o'clock—he said it would if I would allow him an hour, they should be produced—I consented, and he was going away to fetch it—I said, "Stop, John"—Mr. Dudfield, (who is groom of the chamber to his Lordship) went with him—they returned shortly, and the prisoner produced one table-fork, and nine duplicates—I told him the plate must be forthcoming, for the chest must leave by nine o'clock—he said he had not the money to get them—I asked him whether he could not borrow it—he said he could not—he went away with intent to borrow it, and returned, and said he could not—I gave directions for him to be watched—he went to the pantry—I gave Mr. Dudfield a 5l. note to fetch some things out, and gave him three duplicates for the four salts and six ladles—he went and brought them—I sent him that the plate might go away at nine o'clock—this was about eight—I left the prisoner in the pantry, and while I was gone up to his Lordship's room to inform him, the prisoner went away without my permission—he was brought back by a publican, about seven o'clock in the evening.
Cross-examined by MR. JONES. Q. What is the name of Lord Hay? A. Thomas Robert—Hay is the family name, Thomas Robert are his Christian names, and Hay is the surname—I believe Hay Drummond Hay is the name—the prisoner lived in the service upwards of ten years—his wages were thirty guineas a year—Tuesday was the first time I spoke to him about the plate—it was afternoon, or evening—he did not sleep in the house—he came next morning, as usual—on the Wednesday we looked over the plate—he went away on Thursday—I saw the snuffer-trays, lemon-dish, and two strainers in the pantry afterwards—he told me he had pawned them—I suppose he redeemed them, for he brought them back himself—he did not say he had redeemed them—I had not given him any directions not to go away when I went up to speak to Lord Kinnoull—I did not at any time say to him, "What could have possessed you to have gone away, and had you not gone I would have got the articles out of pawn;" or that I would have lent him the money to redeem them—he was brought back by Graham, the publican—I did not say, "What could have possessed you to go away?" that I recollect—when he was brought back I believe I said, "You have d—d yourself by going away"—I do not think he said he had been among his friends to borrow money to redeem the plate—I have six of the duplicates which were brought back by him—I do not recollect whether there was an endorsement on the back of one ticket—Mr. Dudfield gave me nine duplicates in the prisoner's presence—I believe nothing was said about handing over the duplicates to me—I never promised him to redeem any of the articles—his wages were paid every six months.
FREDERICK MORTIMER DUDFIELD . I am groom of the chambers to the Earl of Kinnoull. On Wednesday, the 15th of July, Neatham spoke to me about the plate being missing—I accompanied the prisoner from the house on Thursday morning—he took roe to No. 44, Market-street, where he lodged—I waited at the door—he came out, and brought the nine duplicates and one silver fork from his pocket—I delivered them to Neatham in the prisoner's presence—Neatham afterwards gave me a 5l. note, and I redeemed the four salts and six ladles named in three duplicates.
DAVID NUNN . I am shopman to John Duttin, Edgeware-road, pawnbroker. I have six table-spoons pawned at our shop on the 26th of February for 3l. 10s.—these three duplicates refer to the articles pawned in the name of John Phetheon—I do not recollect who pawned them—it was a man—here are six dessert forks that were pawned with us for 30s. on the 18th of March in the same name—the duplicates of them are here—I produce two table-forks pawned on the 15th of July, in the name of Ann Taylor, by a female—the duplicates of them are here.
Cross-examined. Q. Have you any duplicates on which the interest has been paid? A. No.
ROBERT COPEN . I was apprentice to Thomas Smith, of the Edgeware-road. I have four table-forks pawned on the 18th of March for 30s. in the name of John Porter, No. 41, Market-street—I do not know who by—I produce another fork pawned on the 15th of July in the name of Ann Phetheon—the corresponding duplicates are here.
JOHN GRAHAM . I keep the Globe public-house, North Audley-street. I knew the prisoner in Lord Kinnoull's service—I heard something, and saw him in George-street, New-road, on Thursday evening, the 16th of July—I told him I had heard of the case, and requested him to return with me, as it would be best for him—he said, "I want to call on a friend," he had a parcel—I went with him to his friend's, and he came with me very quietly without resistance, between seven and eight o'clock in the evening—I left Mm at Lord Kinnoull's house.
Cross-examined. Q. Was he going in a direction to Lord Kinnoull's, house? A. Not exactly, he was going to Kentish-town—he was going towards Hampstead-road—there was a turning which would lead to Lord Kinnoull's house, but he turned a different way.
HENRY BERESFORD . I am an inspector of police. I went to Lord Kinnoull's house after the prisoner was brought to the station-house—I searched the prisoner's writing-desk, and found a paper with Lord Kinnoull's seal.
Cross-examined. Q. Did you hear him asked how he came into possession of that seal? A. No, he was not there—the seal has not been out of my possession—I produced it before the Magistrate—the prisoner was present.
JOHN CONNELL . I am agent to Lord Kinnoull, in London. His lord-ship is a Scotch earl, and sits in the House of Peers as Lord Hay, an English peer—his Christian names are Thomas Robert—his surname is Drummond Hay.
Cross-examined. Q. Tell me all his names? A. Thomas Robert
Drummond Hay, Earl of Kinnoull, in Scotland—his original name was Hay—he took the name of Drummond with an estate—he is described by those names.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY.—Recommended to mercy, believing he intended to replace the property.
THOMAS MOWBRAY NEATHAM . I am servant to the Earl of Kinnoull. His Christian name is Thomas Robert—he is a Scotch Earl—his English title is Baron Hay. I was in his service fifteen years last July—the prisoner was under-butler—the plate was counted out by my directions, and part of it was under my examination—after the counting of the plate, in consequence of something that occurred, I went up to Lord Kinnoull to make some communication to him—I left the prisoner below—when I came back I found him gone—he was brought back by a publican named Graham, in the evening about half-past seven—I had called his attention to articles missing in the plate—the prisoner said nothing to me about a saucepan—(looking at one)—this is Lord Kinnoull's property—it is upwards of two years since I had seen it—I last saw it at Duplin Castle, Perthshire—it was used in Lady Kinnoull's room—it came down stairs in a general way to be cleaned—the prisoner was at Duplin Castle, and followed the family to England two years last April—this is worth under 5l.—in the natural course of things this would come to England.
Cross-examined by MR. JONES. Q. Is there any mark on it A. No, I do not think there is—I am positive it is Lord Kinnoull's property by its being mended here—I had not said any thing to the prisoner about it—I have seen the duplicate said to refer to the saucepan.
MR. BODKIN. Q. Was such an article as that missed? A. Not till it was found—I have had it through my hands repeatedly.
JOHN GRAHAM . I am a publican in North Audley-street. On the 16th of July, I saw the prisoner in George-street, going toward Hampstead-road—I had heard something about plate, and stopped him—he came back with me to Lord Kinnoull's house—he called in Charles-street East, and left something there.
Cross-examined. Q. Was he going, when you first met him, in the direction towards the house where he afterwards called? A. I should say not, because he turned to the left to call on his friend—The turned with me, and then called on his friend—he had not passed his friend's house—he had not arrived at it—he was going in a way that would lead to it.
HENRY HOPTON . I am a coach-maker, and live in Charles-street East, Hampstead-road. On Thursday evening, the 16th of July, the prisoner called on me in company with Graham, and left a parcel with me—I believe he had it in his hand, but I am not quite certain whether he had it in his hand or took it from his waistcoat pocket—when he was gone I opened it—it contained pawnbrokers' duplicates—I gave them to inspector Beresford—I had only seen the prisoner twice before, nine or ten months back.
Cross-examined. Q. Did he say any thing to you when he gave you
the parcel? A. He merely asked me to take care of it—he did not state what it contained.
WILLIAM HENRY MILLS . I am a pawnbroker, and live in Edgeware-road. On the 6th of November this saucepan was pledged at our house in the name of Mary Turner, No. 5, Pechel-street, for 2l. 10s.—I cannot recollect who by—it was taken in by a young man who has since left—this is the duplicate that was given for it.
Cross-examined. Q. Can you tell whether the article was pawned that day, or the ticket renewed? A. I am certain it was pawned, because that day twelve months I was not in business there.
Cross-examined. Q. Were the other nine for articles of wearing apparel? A. Several—one was for a sold pencil-case—I have made inquiries to whom they belong—one article has been claimed by Lord Kinnoull.
MR. BODKIN. Q. Has the gold pencil-case been claimed by Lady Kinnoull? A. No—she has not seen it.
GUILTY . Aged 34.— Transported for Fourteen Years.
First Jury, before Mr. Baron Gurney.
2040. JOHN BROUGHTON was indicted for unlawfully, maliciously, and feloniously assaulting James Jennings, on the 3rd of August, and cutting and wounding him upon his forehead, with intent to maim and disable him. 2nd COUNT, stating his intent to be to do him some grievous bodily harm.
JAMES JENNINGS . I am a policeman. On the 3rd of August I was on duty, in Down-street, Piccadilly, about twenty minutes before one o'clock in the night—I was called by my brother constable for assistance—I went up, and he was ordering some prostitutes away—there were four or five in the street—the prisoner was in company with them, and said be wanted to know what the b——h—bad to do with the girls, to order them away—the constable said he Was not alluding to him, he was ordering the girls away—he then turned round and kicked him about the side of the head, and kicked him and knocked him down—I then immediately seized hold of the prisoner, and he kicked me in a brutish manner about my thighs very much, and about my legs, and afterwards knocked me down into the road—I got up as soon as I could, and pursued after him, and about three yards before I got to him I saw his hand against his breast-plate, and he said, "You b——b——, I will do for you," and no sooner was the word out of his mouth than he cut me in the eye with his breast-plate, and I became insensible—when I recovered I found myself in St. George's Hospital, with a cut over my eye—I came out of the hospital on the 18th.
JESSE JEAPES . I am a policeman. I was in Down-street on duty—there were some women there, who were noisy—I went and ordered them to move away—the prisoner asked what I had to do with it—I told him I was not alluding to him, all I wanted was for the prostitutes to move away—he put himself in an attitude to fight, and struck me on the nose—I called my fellow-constable to my assistance, and when he came up he began to kick him on the legs and thighs—he then took his belt off over his head, an struck him across his eye with the brass plate which was on his belt—he then turned round, kicked me in the stomach, and kicked me
down—my comrade was taken to the hospital—the prisoner was not apprehended till afterwards.
THOMAS PERRIN TARRANT . I am surgeon of the hospital. The prosecutor was brought in, with a severe cut over the left eye—a soldier's plate on his belt might inflict such violence, by forcibly striking against the part—there was very little blood lost when he was brought in—I do not think he had lost much before—it was rather a severe cut.
Prisoner's Defence. I was not aware of any thing of the sort; I had been along with some friends, and had something to drink, more than I ought.
GUILTY of an Assault only. Aged 23.— Confined Six Months.
2041. SARAH LOTT was indicted for unlawfully, maliciously, and feloniously assaulting Mary Ann Clewly, on the 9th of July, and cutting and wounding her in her left arm, with intent to maim and disable her.—2nd COUNT, stating her intent to be to do her some grievous bodily harm.
MARY ANN CLEWLY . I am single, and live in High-street, Great Garden-street, Whitechapel—I did live in the same house with the prisoner. On the 9th of July, about twelve o'clock in the day, I went up into her room, with Maria Morris, and asked her for a box of clothes which she had of mine—she said I should not have them—she was lying on the bed at the time—the things were in the room, and I took them away, and took them down stairs to the next house—about half-an-hour after I came up again, but she was not at home—about half-past three or four o'clock I went up again, and asked her for an apron, which she had on, of mine—she refused to give it me, and I untied it—it fell off—Morris took it up, and ran down stairs with it—the prisoner took the poker and threw it after her—she then went to lie down on the bed again, and told me to go out of the room—I said I would not go out unless she gave me the things she had belonging to me—there were other things there belonging to me, which she had on at the time—she said she should not give them to me, she thought what I had had of her would very well pay me—I said, "Very well, I will go"—she said, "If you do not go out directly I will stab you"—she hit me, and I struck her again—she then took up a knife, and stabbed at my face—I put up my arm to defend my face, and my arm was cut from the wrist to the elbow—I went down stairs into the next passage, and there I fell down, and fainted away—I went to Mr. Little, a surgeon, in Leman-street.
Prisoner. Q. Did you not break open my door, and take the things out? A. No, nor did I assault you at all.
EMMA MORRIS . I went with Clewly to the prisoner's room—the door was just closed—she shoved it open—it was not broken open—the prisoner said if I did not go out of her place she would heave the poker at me—I ran down stairs, and she threw the poker after me—I went up again, and she struck Clewly, and took up a knife, and said, if she did not go out of the place, she would stab her—she did stab her, and she put up her arm—I ran down stairs, and said, "She has stabbed the woman."
Prisoner. This girl's sister was transported from this bar; she never saw more of it than a stranger. Witness. I certainly did see it—the door was not broken by us—I do not know when it was broken.
CAROLINE CHRISTIAN . I am single, and live at the end of the court. After the fight and noise was over I went with the man to have the door repaired, and while he was engaged in repairing it I was putting
some water into the washing-tub, and out of the can with which I was dipping came a knife—the can was in the water tub—I gave the knife to the policeman—I did not see any thing of the door being broken—I know it was broken, because it was off the hinges—I do not know when it was done—I had not seen it before.
MARY ANDREWS . I was lying on my bed, and heard the prosecutrix go into the prisoner's room—she said if she did not go down stairs she would hit her with the poker—I afterwards heard her say, "If you do not go out of my room I will stab you with a knife," and a few minutes after I heard somebody halloo out, "Murder"—when I went down stairs I saw the prosecutrix lying, with her arm all in a gore of blood,—I bound it up—I heard the prisoner say she was sorry for what she had done.
HENRY PAVEY . I am a surgeon. The prosecutrix came to the London Hospital, where I was—she had an incised wound on the back part of the left fore arm—it was a bad wound, deep, and extended from the wrist to the elbow—she is not well yet—it is not likely to endanger the use of the arm ultimately, when it gets well.
EDWARD WIGLEY . I am a policeman. I apprehended the prisoner about an hour after this happened—I saw the door was broken, as a great many more are in that court—it is a regular thing—the whole court is let out to unfortunate girls.
(Prisoner's Defence, written.) "Six weeks ago, between two and three o'clock in the afternoon, Mary Ann Clewly, during my absence, broke open my door, and took out her box and clothes. She went away; she returned about half an hour afterwards, I had then got home, and was much surprised to find my door broke open. I had got an apron of her's on, which she came to fetch; I refused her to give it till she explained why she broke my door open, and took her things away, while I was out. She would not give me time to untie the apron, but tore it off, and gave it to a woman she bad brought with her, who took it and ran down stairs with it. She then struck me a violent blow on the eye, and severely scratched my face and tore my gown all to pieces. I did not return her blows, as she is a strong powerful woman. She then became calm, as I told her several times to go out of my room; my little boy came in and asked me for a piece of bread and butter, I took up the loaf and knife to cut him some, she turned round, as I thought, to go out of the room, instead of that she made an aim at me again. I held up my right arm to prevent the blow, and she struck her arm on the knife. I was so frightened I let the loaf and knife fall on the floor. She went down stairs then, I followed her down to see if she had hurt her arm much; when I found she had cut her arm I was exceedingly sorry, as I only held up my arm to prevent her striking my face again. The Sunday prior to the quarrel, this woman, a total stranger to me, came and asked me to let her leave her box, and stay with me in the day-time, which I did, not knowing she was given to drink or of so violent a temper. I was never accounted a bad temper or quarrelsome disposition. This being my first offence, I trust you will be pleased to take my situation into consideration."
GUILTY of an Assault only. Aged 24.— Confined Twelve Months.
Fourth Jury, before Mr. Recorder.
2042. ELIZABETH GOSNELL was indicted for unlawfully, maliciously, and feloniously assaulting Elizabeth Line, on the 21st of July, andcutting and wounding her on her right temple, with intent to maim, disfigure, and disable her.—2nd COUNT, stating her intent to be to do her some grievous bodily harm.
ELIZABETH LINE . I am a widow, and live in Ann-street, Blackwall; I did live in Well-street, Poplar. On Tuesday, the 21st of July, I was in the yard of the house conveying the water out of the water-tub into the next tub—the prisoner was the landlady of the house—she came out from the kitchen with an earthenware quart jug in her hand—she said nothing to me about the water—she walked round me and dipped her jug into the tub I was taking the water from—she threw the water into my face, and at the same moment caught hold of me by the side of the head with her hand, struck me with the jug, and broke it with the blow—it knocked the bottom off—she then took the broken jug and hit me with the remaining part of it higher up on the head than before—I saw the blood flow to the ground, and put my hand up, screamed louder, and was taken to the doctor's—I fainted from loss of blood—I was confined to my bed from Tuesday till the Monday following—I had not been quarrelling with her before, but an hour before she had been using very ill language to me, but I made her no answer—I had given her no provocation—I believe she was rather in liquor—she has many times quarrelled with me, and two months before I bound her over to keep the peace towards me.
Cross-examined by MR. PAYNE. Q. Had you and she always been good friends? A. Yes, except when she was in liquor—this happened about four o'clock in the afternoon—I was quite sober—I had bad no dispute with her that day—I never abused her—I did not put a hot iron in her face and burn her cheek—I had one in my hand at the time she came into my room—she did not give me notice to quit—there was no jealousy between us—I was ironing my baby's clothes—she used very abusive language to me, and said I wore a widow's cap and she would soon have it off—she took my cap off my head, and I lifted the iron to protect myself, not to burn her face—I did not see whether it burnt her—her husband has beat her many times for her ill conduct—her husband and I were not better friends than other people—I did not throw any water on her on this occasion, nor hit her with the bowl, nor any thing of the sort—she did it without any provocation.
ELIZABETH PHILLIPS . I am the wife of Thomas Phillips, a sailor, and live in Well-street. I was in the next yard to the prisoner—the wall being low I looked over, and saw the prisoner come out with a jug in her hand, dip it in the water, and then come on the right-side of Mrs. Line, throw it in her face, and immediately strike her, the bottom of the jug fell, and the second blow cut her—I saw the blood—Line had done nothing to provoke her that I saw.
Cross-examined. Q. Where is your husband? A. At sea—I go out washing—I live with my mother, who is a widow—I had not spoken to the prisoner for nine months, because I did not think it right, as she annoyed every one of the neighbours when she could—she had not said any thing about me in particular, but about every one—she accused me once of taking 2d. off the bar of the wine-vaults, but when I asked her about it she said she did not say so—my husband has been away three years.
FREDERICK WALTER . I am a policeman. I was sent for on the 21st of July, about half-past four o'clock, and took the prisoner into custody—she made great resistance, and said she would not go with me—her husband
and several in the house wished her not to go with me—she laid down in the room, and he sat on her clothes—after a deal of trouble, I got her out of the room—I asked what she meant by serving the woman as she did—she said she had not hurt her, and the loss of a little blood would do her good—I told her the state the woman was in—the prosecutrix's clothes were soiled with blood—she was struck about the temple.
Cross-examined. Q. I believe she persisted in saying she did not think she had hurt her much? A. Yes—we frequently have a deal of trouble with her—she has not been out of Clerkenwell above three weeks—I have been, about nine months in the police—I did not get up this case—I have witnesses to prove it—I do not conceive I am prejudicing her by saying she has been in prison before—she was in Clerkenwell before, for felony.
HORATIO BLOOMFIELD . I am a surgeon, and live at Poplar. I saw the prosecutrix—she had a wound in her forehead—it was a very small one, but it divided a branch of the temple artery, and caused considerable loss of blood—there was also a mere skin wound below that—the wound healed within twenty-four hours, but she continued faint from loss of blood four or five days—it healed by the first intention.
GUILTY. Aged 38.—Of an Assault— Confined Six Months.
2043. WILLIAM DALTON was indicted for feloniously breaking and entering the dwelling-house of Henry Cordell, on the 3rd of August, at St. James's, Clerkenwell, and stealing therein 4 yards of ribbon, value 1s. his property; and that he had been before convicted of felony.
HENRY CORDELL . I am a dyer, and live in White Lion-street, in the parish of St. James, Clerkenwell; it is my dwelling-house. In consequence of something that was said to me on the 3rd of August, I noticed a square of glass in the window—it had been cracked, but a piece was forced in, and four yards of ribbon taken out—I found a piece of glass inside the window—I had observed it about twelve o'clock in the morning—it was whole then.
FREDERICK DANIELS . I live opposite the prosecutor. On the 3rd of August, I saw the prisoner put his hand through a square of glass, and take out something, I do not know what—he put it into his pocket, and ran away—I followed him into Claremont-square—he said he was looking for some money which he had dropped in the square—I took him back to the shop.
Prisoner. He took me by the arm and whacked me; Mr. Cordell wanted to let me go, as he had lost nothing, but the witness said he would not let me go without I paid for it. Witness I never said any thing of the kind.
MATILDA CHURCHILL . I am the wife of Henry Churchill, and live in Claremont-mews. I saw the prisoner in Claremont-square, sitting down on the stones, and saw Daniels apprehend him—the prisoner took his hat off, and dropped some ribbon from his hat, with a shilling—I was crossing the road, and picked up the shilling—a fish-man picked up the ribbon—there were two pieces—one was a bright plum colour, and the other a dark brown—two lads came up and said they knew the boy, and would take him the ribbon and shilling—the fish-man told me to give up the shilling, which I did, and he gave them the ribbon.
GUILTY .* Aged 17.— Transported for Ten Years.
2044. WILLIAM BOYCE and MARY BOYCE were indicted for stealing, on the 17th of July, 1 sovereign and 1 shilling, the monies of Henry Lucas, from his person; and that William Boyce had been before convicted of felony.
HENRY LUCAS . I live at Mr. Wild's, in Rosemary-lane. On the afternoon of the 17th of July I met the prisoners in Rosemary-lane—the man asked me to treat him to a pot of beer—I said I would—I took him into a public-house, and called for a pot of beer—I pulled out a sovereign and two shillings—I had to change a shilling for the beer, and was going to put the rest into my pocket, when the woman knocked my elbow, and the money fell on the floor—the man picked it up, put in into his pocket, and went out—the woman followed him—I was a stranger in England, I had only been about two hours in London, and was never here before—the witness Windsor was showing me my way about—I told him what had happened.
Cross-examined by MR. PAYNE. Q. Were not both the prisoners drunk? A. They were very drunk, but knew what they were about—the money was loose in my pocket—I was a little tipsy—the woman knocked my elbow on purpose—I am quite sure the sovereign was dropped—the two witnesses were in the house—I cannot say how many more—there was a woman inside the house.
THOMAS WINDSOR . I am a labourer, and live in Hearn's-court, Dock-street, East Smithfield. On the 17th of July I met the prosecutor in Rosemary-lane—he asked me to show him the way to a cheese-merchant's, and in the way we saw the prisoners—the man said, "Old boy, will you stand a pot of beer?"—he said he would—he went into the tap-room, ordered the pot of beer, and pulled his money out to pay—the woman dodged him in the elbow on purpose, and the money fell down—I saw the man pick it up—he had a sovereign in his right hand and a shilling in his left—they ran out directly—I found Chaplin, the constable, about half-past seven o'clock, and told him—it happened between two and three o'clock—the man was drunk, but the woman was not so very drunk.
Cross-examined. Q. Was not William beastly drunk? A. Yes—the woman knew what she was about—it was a planned thing—a man named Ryan was in the house—they went off too quick for me to stop them—I was quite sober—I went after a policeman, but could not get one—I called the landlord—he took the woman and shoved her out—the man had run away, and the woman remained—she took up her shoe in the scuffle, and was going to hit Lucas with it.
DENNIS RYAN . I am a labourer, and live in Crown-court, Blue Anchor-yard. I was at Hawkins's public-house, and saw the prisoners and Lucas come in—I heard a noise in the tap-room, and when I entered I saw Boyce stooping, and saw a shilling roll round to my toe—Boyce picked it up, and went off with it—he put his left elbow on the bar, and changed something from his left to his right hand, put it into his pocket, and walked out.
Cross-examined. Q. All the parties were the worse for liquor, were they not? A. None of them so bad as not to know what they were
doing—they were not drank, but rather tipsy—I saw no beer brought in, nor any money changed—I knew Boyce before—I did not know whether the female prisoner is Mrs. Boyce—I believe she passes as Mrs. Boyce—I know nothing of their living together.
JOSIAN CHAPLIN . I am a policeman. I took the prisoners into custody, in their own room, early in the morning—I found them in bed together—I told them they were charged with stealing a sovereign and a shilling—the prosecutor was present—they both denied having seen him, or having any conversation.
Cross-examined. Q. Did not they say they had never seen him, to their knowledge? A. Yes.
MR. PAYNE called
THOMAS BAKER . I am a shoemaker, and live at Jonnson's-change, Rosemary-lane, about twenty yards from Hawkins's door. I was in my own room, and saw the prisoners and prosecutor, very much in liquor, enter the public-house—I did not see any thing that took place inside—I saw the male prisoner come out first, and afterwards saw the landlord put the female and the prosecutor out, and say he would not draw them any beer, but to go where they bad been getting drunk—I afterwards saw the prosecutor and the chief witness (Windsor) standing in conversation together, as soon as they were put out of the public-house—they were there about five minutes—they then walked towards the Minories—they returned in about two hours—I was then standing talking at the public-house door—Windsor said the prosecutor had lost a sovereign—there was another young lad with him, who is a very had character—he said the lad had accompanied them over the water—I asked what they had been doing over the water—he said they had been to an alehouse, and bad three glasses of ale each, they then went into an eating-house, and had something to eat, and some ginger-beer—I asked who paid for all this—he said the prosecutor paid for it, and he said to the prosecutor, "George, where is your sovereign?"—he said, "I have it safe in another pocket, wrapped up in a piece of rag"—Windsor said to him, "Show it to me?"—he felt in his pocket, and said, "I have lost my sovereign "—Windsor said, "Let us go back to the public-house where we were, and see if them people have not got it;" and so they came there.
GEORGE JOHNSON . I am a greengrocer; I was a policeman. I know the male prisoner—I was present when he was convicted—he is the person mentioned in this certificate, which I got from Mr. Clark's office.—(read.)
W. BOYCE. Aged 40.— GUILTY of Stealing, but not from the person.
Transported for Seven Years.
MARY BOYCE— NOT GUILTY .
NEW COURT.—Friday, August 20th, 1840.
Fifth Jury, before Mr. Common Sergeant
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 37.— Confined Three Months.
MESSRS SPRATT and ESPINASSE conducted the Prosecution.
WILLIAM SPRATT . I keep the Rockingham Arms public-house, in Hosier-lane, Smithfield. On the 20th of July the prisoner came for half-a-pint of porter—he offered me a bad shilling—I bent it and told him it was bad—he ran out and I followed—he dodged about the lane till I called for assistance—he ran to Smith field, and was there secured—I gave the policeman the shilling.
THOMAS HANSON GODDARD . I live in Searl-street, Paddington, and am a cattle-dealer. I was in Smithfield on the 20th of July, and saw the prisoner running—I saw him drop a shilling down an area—I saw it taken up, and given to the officer.
CHARLES CHAMBERS (City police-constable, No. 528.) I was in Smith-field—I heard a cry of "Stop thief," and saw the prisoner in custody of the prosecutor—I received these two shillings from the witnesses.
Prisoner's Defence. It rained; I went into the house, and asked for half-a-pint of beer; I gave him the shilling; he said it was bad. I said, "Is it? I have got no more;" he gave it to me, and then he said, "Show it me again;" I did, and he said he would give me in charge.
GUILTY . Aged 13.— Confined Six Months.
ALFRED DOUBLE . I am the son of Thomas Double, he keeps a shop in Leather-lane. On the 8th of August the prisoner came for 1d. worth of white lead—she gave me a sixpence—I gave it to my father—he said it was bad—the policeman was sent for—my father marked the sixpence, and gave it to him.
JOHN COSGROVE . I am in the service of Mr. Ward, who keeps the Marquis of Granby public-house in Gray's Inn-lane. On the 14th of August the prisoner came for a pint of beer, she gave me a sixpence—I gave it to my master—he said it was bad—the prisoner said she did not know it was bad—she was taken into custody.
Prisoner's Defence. I did not know they were bad.
GUILTY . Aged 55.— Confined Six Months.
MARY ANN GALE . I am the wife of John Gale, who keeps the George public-house in George-court, Adelphi. The prisoner came on the 4th of July, between seven and eight o'clock in the evening, for a pint of beer—he offered me a half-crown—I saw that it was bad—I told him so—he said was it—I kept it—I bit it, and gave it the officer.
THOMAS LOVEJOY . I am bar-man at the Adam and Eve public-house in the New-road. The prisoner came there with a female, and called for half a quartern of spruce—he offered me half-a-crown—I saw it was bad, and gave it to Mrs. Thompson.
Prisoner. Q. Did you not pass it to another person before you marked it? A. No—I took a piece of iron from the bar and marked it.
GUILTY.* Aged 34.— Confiped One Year.
WILLIAM WILCOX ROGERS . I am assistant to Mr. Gay, a surgeon, of Duke-street, St. James's. On Sunday, the 19th of July, the prisoner came about half-past nine o'clock and asked for an ounce of salts, which came to a penny—he tendered me a counterfeit shilling—I saw it was bad, and asked where he got it—he said he met his brother whom he had not seen for four years—that his brother was a cab-man; and on his telling him he had a pain in his bowels, he advised him to get an ounce of salts, and gave him the shilling—I gave him into custody.
HENRY SAMUEL COOPER . The prisoner came to my shop on the 8th of August, and I served him with Id. worth of thread—he gave me a bad shilling—I gave it to one of the young men in the shop—the prisoner said a woman in a red shawl gave it him.
GUILTY . Aged 16.— Confined Nine Months.
NOT GUILTY .
THOMAS GILBERT AUSTIN . On the 13th of July I was passing in Eldon-street—Perrin spoke to me, and I missed my handkerchief—I found the prisoner near Long-alley, and endeavoured to stop him, but he got from me—this is my handkerchief—it was brought to me afterwards.
JOHN PERRIN . I was going along Eldon-street on the 13th of July, witnessing a procession of "Old Friends "—I felt my pocket tugged—I turned, and saw the prisoner behind me—I watched him, and saw him go to Mr. Austin, and from his pocket he conveyed a handkerchief—Mr. Austin went up—he threw the handkerchief away from him, and ran up Long-alley—there were two others with him, who escaped.
Prisoner. You said that two more had it. Witness. I did not say any such thing—I said I saw you take it—the prosecutor went and collared you.
Prisoner's Defence. I am not guilty—I was looking at the "Old Friends" going to Highbury to dine.
GUILTY .*** Aged 20.— Transported for Ten Years.
CHARLES LUTGE . I am a furrier, and live in Newgate-street. I sent a parcel of 480 skins to Mr. John Heckmann, by two of his men, to be dressed—these two skins now produced are mine, and are two of those I sent.
DAVID ELLIS . I live in Cutler-street. I have bought skins—I cannot be positive that I bought these skins—I cannot swear whether the prisoner is the person I bought these two skins of—the person I bought them of had a seal-skin cap on—I am in the habit of buying of travellers who go round the country, and bring skins of rabbits, and foxes, and others—I gave 10s. for the two skins—it was a man with a full face and raised cheeks—not like myself—I bought them last Saturday night at nine o'clock.
HARRIS MICHAEL . I am a furrier, and live in Cutler-street. I bought these two skins of Ellis, and gave him 10s. 6d. for them—I took them in payment for cash—I did not ask where he got them, as he has lived in Cutler-street for years, and pays his rent and taxes well.
JOSEPH WARD . I am a skin-dresser, and work for Mr. Heckmann. I know that one of these skins passed through ray hands—I received it from the prisoner—I did my work to it, and put my private mark on it—this was on Saturday, the 15th of August—they are store marten-skins—when I had done what I had to do, they were hung on a line in Mr. Heckmann's house—I do not suppose they would have been dry enough to go back to the prosecutor that night.
CHARLES LUTGE re-examined. I took Ellis to Mr. Heckmann's on Monday—the prisoner was not there, but he saw all the other men—he said, "The man is not here"—we went out and overtook the prisoner, and Ellis said, "That is the man"—the prisoner had a seal-skin cap on.
(The deposition of Ellis was here read as follows: "David Ellis says,
'The prisoner came to me on Saturday night last, about nine o'clock; he offered these two skim for sale. He said they were left over from his share of work.' I asked if he was a master dresser. He said, 'What is that to you?' I gave 10s. for them."
GUILTY . Aged 30.— Confined Six Months.
GUILTY . Aged 21.— Confined Three Months.
2055. WILLIAM ATKINS was indicted for stealing, on the 13th of July, 1 bag, value 1s.; 5 pair of earrings, value 3l.; 1 pillar-plate and joint, value 5s.; 1 dial-plate, value 2s. 6d.; 1 bolt and spring, value 2s. 6d.; 7 watch-wheels, value 7s.; 6 watch-pinions, value 3s.; 1 watch-barrel arbor, value 1s. 6d.; 1 watch-band coyer, value 1s. 6d.; 1 pottance, value 7s.; and 15 screws, value 2s. 6d. the goods of Thomas Furniss.
MR. ESPINASSE. conducted the Prosecution.
THOMAS FURNISS . I am a watch-maker, and live in Crawford-street. On Monday evening, the 13th of July, I went out, and got the worse for liquor—I was not particularly intoxicated—I recollect going to the Lord Portman public-house, about eleven o'clock at night—I had a blue bag with me, containing the earrings and other articles stated—I left the house as near twelve o'clock as could be—I missed my bag about two hours after-wards—I remember taking it there—I have no recollection at all of having it afterwards.
Cross-examined by MR. PHILLIPS. Q. I dare say you took a little there? A. I cannot recollect whether I drank any thing in that house—I went to sleep there, and slept an hour or more—I was the worse for what I had before.
JOHN HARRADANCE . I am bar-man at that public-house; the prisoner was pot-man there. On Tuesday, the 14th, he showed me some earrings, and said he had found them in the tap-room, as he was sweeping it out he picked them up—he said two men had been there drunk, and one went away and left the other there asleep—he gave me one pair of earrings, and took the others away—he said I had no occasion to take any notice of it to my master—I took the earrings to my mother's the first opportunity—I took them back to the house afterwards, and I and my mother gave them to my master.
Cross-examined. Q. Upon your oath, did not the prisoner call Mary, the house-maid, before you, and give her a pair? A. Yes, he did.
GEORGE SURETY . I live in Taunton-mews. I know the prisoner—he came to me in the street, about the 18th of July, on a Saturday—he showed me three pairs of earrings, and asked me to buy a pair—I chose one pair, and he said I should try them at a pawnbroker's before I bought them—I had not time to try them, and he said I should have them for 4s. 6d.
(The prisoner's master gave him a good character, and promised to employ him again.)
GUILTY. Aged 17—Recommended to mercy. — Confined Eight Days.
JOSEPH TAVERNER . On the 20th of July I was in Old-street—I felt a tug at my pocket—I turned and saw the prisoner, with my handkerchief in his possession—I collared him, and his companion knocked me down—the prisoner was caught soon after, I am quite sure he is the person.
Cross-examined by MR. PHILLIPS. Q. Were you not tripped up? A. I was struck, and tripped up afterwards.
JOHN EDGAR . I was standing at my master's shop, about twenty minutes before nine o'clock; I heard a cry of "Stop thief," and saw the prisoner run across the road—he took a handkerchief from his bosom, and threw it on a wall—I showed it to the officer, and he took it.
MR. TAVERNER re-examined. I believe this handkerchief to be mine—there is no mark on it—I had one like it.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Six Months.
2057. HENRY FOWLER, JOSEPH TUCKER , and JAMES PARRY were indicted for stealing, on the 15th of July, 3000 yards of braid, value 4l., the goods of Thomas Wilson Robinson; and that Fowler had been before convicted of felony.
DAVID PROUT . I am in the service of Mr. Thomas Wilson Robinson, who lives in Bunhill-row, St. Luke's, he is a cotton braid manufacturer. On the 15th of July, about seven o'clock in the evening, I was standing in the shop—I received information, and looked at a rack which was just inside the door, and observed we had lost a parcel containing about 3000 yards of braid, which I had seen safe about ten minutes before—I have never seen it since.
JAMES CAIN . I am a labourer. On Wednesday evening, the 15th of July, about half-past six o'clock, I was going up Bunhill-row—I saw the three prisoners standing near Mr. Robinson's shop—I came down again in about ten minutes afterwards, and saw the three prisoners all running as fast as they could—it was then about twenty minutes before seven o'clock—Parry was running first, Fowler second, and Tucker the third, with a paper parcel under his arm—I pointed them out to the officer the next day.
Cross-examined by MR. PHILLIPS. Q. What are you? A. I work with the bricklayers—I followed the prisoners, and called "Stop thief"—I did not catch any of them—I knew them all before—I knew where Tucker lived—I went to his house that night with the officer—I was a witness once at Clerkenwell—it was about a young woman who stole half-a-crown—I was there two days and got 7s. for my expenses—I expect to be paid for attending here—I have been in the office at Worship-street to hear trials.
JOHN CARISON . I am an errand-boy, and work in Bunhill-row. On the evening of the 15th of July, I was in Lamb's-passage, Bunhill-row—I saw the three prisoners run through Lamb's-passage, between six and seven o'clock—I knew them all, and am sure they are the persons.
Cross-examined. Q. How do you remember it so well, did any body tell you it was the 15th? A. No, I know it was that day—I could see
the day of the month by the newspapers—my father has a newspaper generally every dinner-time—I do not take up the paper every day—in a quarter of an hour or twenty minutes after two policemen came up, and I told them about these prisoners—I am as sore of Parry as I am of the rest.
Fowler. Q. Did you see me? A. Yes, I saw you with a bundle in Lamb's-passage—I was standing on the other side of the way.
WILLIAM JAMES DAVIS . On Wednesday night, the 15th of July, I was standing at Mr. Ellis's door, between six and seven o'clock—I had a black apron on—the prisoner Tucker came and asked me to lend him my apron, and he would give me 2d. for it—I did so, and a little while after I saw Fowler come with a brown paper parcel tied in the apron—I ran after him and asked him to give me my apron—he offered me a shilling for it—I told him I did not want any shilling, to give me my apron—he gave it me.
Cross-examined. Q. You say Fowler had the parcel? A. Yes, I am quite sure of that—I cannot tell what was in it—I just saw the end of it—it was untied, and I saw the blackness of it—I am not in the habit of lending my apron for 2d.—I never lent it before—I have never been a witness before.
SARAH SOPHIA WOOD . I was in Chequer-square, St. Luke's, between seven and eight o'clock that night—I saw Fowler come out of the Shears public-house, with a parcel under his arm, tied in a black apron—I heard Davis go and ask him for his apron—Fowler said he would give him a shilling for it—Davis said, "No, I want my apron"—Fowler gave him the apron, and I saw he had a brown paper pause!—I saw one of the ends undone and there was some black braid in it—Fowler said he would break my nose if I followed him—he ran across Little Coleman-street, and up Cow Heel-alley—there was a line across which pulled his cap off, and he went on without it—this is his cap—I did not see either of the other prisoners.
HENRY KIDNEY (police-sergeant G 6.) I took Tucker on the night of the 16th of July—Fowler was with him, and he ran away—I told Tucker I took him on a charge of felony—he said he knew nothing about it.
Parry's Defence. There are two officers here, whom I have subpoenaed, who had me in custody for a row at the time.
WILLIAM HUMBERSTONE (City police-constable No. 123.) On the 15th of July, I had Parry in custody for about a quarter of an hour—that was about a quarter before seven o'clock—I am quite sure of that—I took him in Moor-lane, which is a quarter of a mile from Bunhill-row—he was in custody from a quarter to seven, till seven o'clock.
JOHN STAINS (City police-constable No. 152.) I had Parry in my custody on the 15th of July, at twenty minutes before seven o'clock, in Moor-lane—I delivered him to Humberstone, at a quarter before seven o'clock—I went with the other officer to the station-house with him—I have to go off duty at seven o'clock, and when 1 got to the station-house I was discharged.
FOWLER*— GUILTY . Aged 18.— Transported for Seven Years.
PARRY*— GUILTY . Aged 20.— Transported for Seven Years.
TUCKER— GUILTY . Aged 14.— Confined Six Months.
ROBERT STARK . I live at Stepney. On the 2nd of August, about half-past eight o'clock, I was in Spitalfields—I felt a tug at my pocket—I turned and saw the prisoner with my handkerchief in his hand—he threw it down and said, "There it is"—I pursued him—a person was coming—I said, "Stop thief," and that person caught him in his arms—I am sure the person who was taken is the person who bad my handkerchief.
Prisoner's Defence. The prosecutor said he did not know whether it was me or another who picked his pocket, because there were four of them.
(The prisoner received a good character.)
GUILTY . Aged 15.— Confined Three Months.
WILLIAM SMITH . I live at Lambton, in the parish of Heston. The prisoner worked for me—I missed a fork on the 6th of July—I asked the prisoner about it many times—he said he knew nothing about it—I went to Heston, which is about a mile from my place, and found it in a stable, where the rest of the prisoner's things were—this is it.
ELIZA THOMAS . The prisoner lodged in my house—he brought a fork there, and asked me to look at it—he then put it behind my door—my husband and he had some words—he went away, and took the fork with him—the fork he had had three marks on the handle—the marks on this fork are very much like them, but I cannot swear to it.
REUBEN HALL (police-constable T 181.) I found this fork in Mr. Marshall's shop, at Heston—he said Mr. Smith had left it there—the prisoner asked me if I had had the fork in nay possession—I told him no—he said, "I hope you won't let Mr. Smith have it, it is not marked, and he cannot swear to it if he don't see it."
MR. SMITH. This is my fork—I know it by these three marks on it.
NOT GUILTY .
JOHN SAMUELS . I am a boot and shoemaker—I live in Great Trinity-lane, and have a shop in Fell-street, Wood-street. On the 20th of July, when I came in, I missed two pairs of Wellington boots, one pair of lace-up boots, and a pair of tie shoes—these are them.
Cross-examined by MR. PAYNE Q. How long were you absent? A. From twelve o'clock till about dusk.
GEORGE BALL (police-constable H 121.) I was on duty at a quarter-past nine o'clock that night—I met the two prisoners—the female had a bundle containing these boots and shoes—I asked what she was carrying—she made no answer—the man then laid hold of the bundle, and said, "It is my property"—I said I wished to know where it came from—he
stood a minute, and then said, "If you will go with me I will satisfy you"—I took them into custody.
Cross-examined. Q. Did he want you to let the female go home to look after the children? A. Yes, I have ascertained that she is his daughter—he wanted me to go to the end of Sun-street with him, where I should see some person who was to have the property—he said the party was to meet him—Spital-square, where I met him, is not far from Sun-street—the prisoners were going towards the City.
(The prisoners received good characters.)
ROBERT NEVILLE— GUILTY . Aged 42.— Confined Six Months.
ELIZA NEVILLE— NOT GUILTY .
ANN LEVY . I am the wife of Hyam Levy, a slop-seller, in Broad-street, Ratcliffe. On the 24th of July the two prisoners came in—Rogers said, "Do you want any lemons?"—I was in my little back parlour—I came out, told him to be off, and not to come there again, as he would come once too often—he would come in, and the witness said, "Oh, he has got something off the shelf"—I said, "If you think so, go after him"—Rogers still kept before me, and I could not get out into the shop—I collared and kept him till the witness brought back these shirts—they are my husband's, and bad been safe an hour before.
WILLIAM ELDEN . I was in the prosecutor's shop—I saw the two prisoners there—Rogers produced two lemons in his hand, and asked if they wanted to buy lemons—Mrs. Levy said several times that she did not want any—they had but two lemons between them—Rogers went up the shop, and stood before the prisoner Levy—I said to Mrs. Levy, "Those boys have robbed you"—she told me to follow them—Rogers obstructed me—Mrs. Levy collared him, and I followed Levy, till he threw these shirts into the road.
WILLIAM GILBERT . I saw the prisoners in the shop—they walked up to Mrs. Levy, and asked if she wanted any lemons—she said, "No"—Levy kept walking up till he got to the shelves—he whipped these things into his basket, which was under his left arm, and then ran up School-house-lane, and they took him.
Cross-examined by MR. BODKIN. Q. Did not Rogers say, "I shall not run away, I have done nothing? A. Yes—he said so to Mrs. Levy—his back was turned to Levy when he took the shirts.
LEVY— GUILTY . Aged 15.— Confined Three Months.
ROGERS— NOT GUILTY .
JOSEPH NICHOLLS . I am porter to James Harman. On the 1st of August I went into Red Lion-court, Spitalfields, and saw one of my master's sieves of currants was placed there, and a woman minding it—I saw the prisoner cross from Spitalfields market with another were of currants on his head—he crossed, and I gave him into custody—I said, "Have you paid for these currants?"—he said he had—we then crossed to my master in the market, and the prisoner said that his mate had paid for them
—they had stood in a pile in the market, and no one was justified in taking them before they were paid for—I did not see any other man with him.
Cross-examined by MR. PHILLIPS. Q. This was in broad day-light? A. Yes.
JOHN PERKINS (police-constable H 71.) I saw the prisoner with a sieve of currants on his head, the witness stopped him, and said they were his master's—the prisoner said he had paid for them—I took him to the witness's master—the prisoner then said he had given the money to his mate to pay for them.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Three Months.
SUSAN LEESE . I am the wife of John Leese. On the 25th of July, about half-past three o'clock I was standing in the East India-road, and found the prisoner's hand in my pocket, in which I had 1s., a silver thimble, and 5 1/2 d.—in drawing them out he dropped the thimble and shilling into my hand—I took hold of him, but I could not keep him for the mob which was there—I saw him again in about half an hour—I am sure he is the person.
Cross-examined by MR. PHILLIPS. Q. Do you mean you could not hold this little boy? A. No—there was a mob, of females chiefly, and they got him from me.
COURT. Q. How many persons were round? A. Twenty or thirty—they completely surrounded me—I was threatened, and in consequence of that I let him go.
NOT GUILTY .
WILLIAM FRICKER . I live in Surrey-place, Gray's-Inn-road. About six o'clock in the evening of the 18th of July I was in Covent-Garden market—the officer came and spoke to me—I put my hand into my pocket and missed my handkerchief which I had used two or three minutes before—this is it.
Cross-examined by MR. PAYNE Q. Do you know it by any mark? A. Yes.
THOMAS BLOSSET . I am officer of Covent-Garden market. About six o'clock on the 18th of July I saw the prisoners in company attempt a gentleman's pocket—they then went to the prosecutor, and Jones took something from his pocket—I went to the prosecutor—I took Jones about an hour and a half after, but found nothing on him—I did not see what he did with the handkerchief.
RICHARD MOORE . I saw the prisoners in Covent-Garden. I saw Jones go to a gentleman's pocket and attempt to pick it, and Blitzo was covering him—I took Blitzo—I saw him put his right hand to his breast, and found this handkerchief there.
(Thomas Betts, shoemaker, North-street, Whitechapel-road; and John Lilly, a butcher, in Mile End, New Town, gave Jones a good character.)
BLITZO— GUILTY . Aged 18.— Confined Three Months.
JONES*— GUILTY . Aged 19.— Transported for Ten Years.
2065. RICHARD TAYLOR and JOHN GREENHAM were indicted for stealing, on the 31st of July, 152lbs. weight of lead, value 7l.; and 1 copper, value 10s. the goods of Ann Bartram, and fixed to a certain building.
JOHN LOGAN GROVER . I am agent to Ann Bartram—she has a house at No. 9, York-place, Pentonville. On the 1st of August I saw several holes, and I found the lead was taken off the gutters, and the copper was taken out of its place in the back kitchen, and brought into the back parlour—I have seen the lead produced fitted, and it exactly matches—I had seen the lead safe two or three days before.
JOHN HARNWORTH . I live in York-street, Pentonville. On the 31st of July I was at work at York-place—the copper was firmly fixed—I had not been on the roof—I saw two persons lurking about that evening—I should not know them again.
WILLIAM HARRIS (police-constable N 112.) On the 31st of July, at a quarter before eight o'clock in the evening I saw the prisoners going down Battle-bridge—Taylor was carrying this lead in a sack on his back—I crossed and asked what they had got—they said nothing—Taylor dropped it and attempted to run off—I laid hold of him, and asked where he got it from—he said, "From nowhere"—I have compared the lead with the premises, and it fits exactly.
Taylor's Defence. Two men gave it to me to carry, and I said I did not know what it was. Could that roof be stripped at a quarter after eight? and who swears we stole the copper?
TAYLOR*— GUILTY . Aged 18.
GREENHAM*— GUILTY . Aged 19.
Transported for Seven Years.
THOMAS MACKMIN . I am in the service of my father, John Joseph Sumner Mackmin. At half-past one o'clock, on the 9th of July, I was in his shop, in Paul-street—a person came in from the door, and told me something—I had twenty-one handkerchiefs in the shop which resemble these—(looking at them)—I had seen them safe three minutes before—I went out, and saw the prisoner running in the street—the handkerchiefs were dropped—I did not see him drop them—these are them—they had been in our shop.
Cross-examined by MR. PAYNE. Q. How far from you was the person you saw running? A. One hundred and fifty yards—I did not take the handkerchiefs from the person who offered them to me—he followed me with them—I saw the prisoner stopped at the corner of Worship-street, about 400 yards from my father's, and about four turnings.
Cross-examined. Q. This was on the 9th of July? A. Yes—I did not go before the Justice till the 22nd—the person was not pointed out to me before the Justice—he was standing at the bar, not mixed with others—I had only seen him for a minute, as he came out of the house.
GEORGE KEMP . I live in Providence-place, New North-street, Shoreditch. I was passing from Luke-street to Paradise-street—I saw the prisoner running, and just as he got to the corner of Paradise-street he threw the handkerchiefs from him—they looked like these—I followed the prisoner down North-street.
Cross-examined. Q. What did you do? A. I followed him—he turned again, and passed me a second time within arm's length—I had no wish to catch him—I knew very welt he was running just into a policeman's hands, and they would take him—I am a packer—I did not see him stopped, but the policeman brought him round the corner the same way as he went—I am certain he is the person.
GUILTY .* Aged 20.— Transported for Seven Years.
RICHARD HALL . I am in the employ of Frederick Tomkins, a linen-draper, in Charles-street, Middlesex Hospital. On Friday morning, the 7th of July, about nine o'clock, a person told me something—I went outside, where this cotton had been, and it was gone from where I put it—I have not seen it since—I saw the prisoner running—I ran after him, but could not overtake him.
Cross-examined by MR. ROE. Q. Then you do not charge him with stealing it? A. No.
JAMES CRONON . I live at Maida-street, Bloomsbury. About half-past nine o'clock, on the 17th of July, I went to Charles-street—I saw this boy and another walking up and down—I saw they were after no good—I crossed over to the other side—I stood looking, and saw them walking up and down, and one of them kept going up to the prosecutor's doorway, and putting his hand under the dress—then the prisoner went and took the dress, and put it into his apron—the other cut the string that fastened it to the belt—I went and told.
Cross-examined. Q. How came you to suspect them? A. They kept whispering to one another, and then one went to the corner and the other to the door—I was about thirty yards from them—my last place was at a milliner's—they were about four yards from the shop when I saw them whisper—I determined to watch them—the prisoner ran away up Norfolk-street—the other turned towards Tottenham-court-road—the prisoner took the dress from the other one's hand, and put it in his apron—I told, and then we went after the prisoner—he ran straight on, with the dress in his apron—the other turned off about eighty yards from the shop—a young man stopped the prisoner in Well-street, but he had turned the corner before we got to him—we saw him to the corner, with the dress in his apron—he was stopped more than fifty yards from the corner—he was not in sight when we got round.
Cross-examined. Q. Did you see the prisoner give it to the other? A. No, the other gave it to him before he ran away—I was in my employer's shop, not above twenty yards off—I thought they were after no good.
(James Kay, a carpenter, of Carnaby-place, Hampstead-road, gave the prisoner a good character.)
GUILTY .* Aged 17. Transported for Seven Years.—Convict Ship.
JOHN FITZPATRICK . I live in Houghton-street, Lincoln's Inn-fields. I was in my kitchen on the 11th of August—I saw the prisoner and another man at my shop-window—I heard the prisoner say, "There is no one in the shop"—the other said, "Now is your time"—the prisoner went in, and took the coat from my shop—I went out as soon as I could—the prisoner was stopped about thirty yards off, and the coat was thrown into my neighbour's.
WILLIAM HENRY SHACKLE . I am in the service of Mr. Alderman Copeland, and live in Houghton-street. I saw the prisoner and another man with the coat—the moment the cry of "Stop thief" was called, the other man threw the coat behind him, to the baker's shop.
GUILTY . Aged 17.— Confined Six Months.
THOMS TIBBETT . I am in the employ of Allan Belling, Esq., of Camden-road. On the 13th of August, about two o'clock, I brought my matter to the Strand in the carriage—I stood at the horses' heads, and saw the prisoner take the coat from the inside of the carriage—I made my way round, stopped him, and brought him to the shop where my master was—the prisoner had the coat on when I took him.
GUILTY .* Aged 16.— Transported for Seven Years.
WILIAM TAYLOR . I am a draper, and live in Guilford-place, Wilmington-square. I was going to Mr. Chappell's warehouse—I saw a woman beckon the prisoner opposite—I watched them—I saw the prisoner take the print from the door, and the woman remained—I took the prisoner myself with the cotton in her possession.
GUILTY . Aged 16.— Confined Nine Months.
THOMAS WILLIAM PARKINSON . I am a tailor, and live in Short's-gardens, Drury-lane—the prisoner never worked for me. On Friday the 22th of July she came to my shop and asked for work, she mentioned a name I knew, and said she lived there—she had asked for work several times—I gave her two pairs of trowsers to make—there were perhaps sixteen pieces of cloth—she promised to come next morning for different things to finish them, but she did not—I went to where she stated, but she did not live there, and had not for twelve months—I gave her into custody ten or eleven days after.
Prisoner. Q. I worked for you a length of time, and I did not give a false direction. A. You never worked for me, that I am aware of—I offered to pay for the things if you would tell me where they were.
Prisoner's Defence. I went to ask for work—his wife gave me two pairs of military trowsers without any fittings, and told me to call for them in the morning; she then asked where I lived, as I had worked with her mother many months—I met some friends, and getting the worse for liquor, I lost the trowsers, and not finding them, I wrote to the prosecutor's mother-in-law, saying I would pay 2s. a-week till I had paid; in a few hours the prosecutor came to where I was working, and gave me in charge.
GUILTY . Aged 34.— Transported for Seven Years.
STEPHEN BRICKMAN I live in Goswell-mews, Goswell-road. On Saturday night, the 1st of August, between ten and eleven o'clock, I was near Mr. King's shop—I heard the prisoner say, "Strike me"—the other one said, "Go it, Dick"—the prisoner then went across the road to the next door to the prosecutor's, and lifted the carpet over the rails—he went across the road—I went and told Mr. King—I lost sight of them.
Cross-examined by MR. PAYNE. Q. How old are you? A. Seventeen—I cannot read or write—I told the Justice about, "Go it, Dick," and "Strike me"—I work at Mr. Field's, a greengrocer, in Goswell-road—I had seen the other lad once before.
Cross-examined. Q. Do you know Brickman? A. No—I was going on an errand for my mother, and on coming out of Mason's-place, I saw the prisoner drop the carpet—he was half way down the street—I had never seen him before—I did not see him stopped—I watched him till he went down the City-road, where he was taken.
Between ten and eleven o'clock that night, Brickman gave me information—I came out, and passed the prisoner, who was pointed out to me about twenty yards off—he was stopped—I brought him back, and gave him into custody—the carpet was brought back—it is mine.
Cross-examined. Q. Who brought it back? A. My young man—it was placed close to the door, inside, on my own premises—a person could take it without coming into the shop.
GUILTY .* Aged 18.— Transported for Seven Years.
WILLIAM WHITE . I am a butcher, and live at Whetstone. The prisoner was in my service—if he received 1l. 9s. 9d. on the 11th of July, or 2l. 12s., or 2l. 0s. 6d., he has not paid me—I gave him into custody, and mentioned these sums to him—he said he had spent the money, and told me of another bill I did not know of.
Cross-examined by MR. PHILLIPS. Q. Had he a character? A. His father gave him one—he had been with me about ten weeks.
(The prisoner received a good character.)
GUILTY . Aged 27.— Confined Three Months.
THOMAS SMITH . I live in Samuel-row, West Hackney, and am a carter. On the 17th of July I stopped at a public-house on Cambridge-heath—I left my cart at the door with my shovel in it—I saw it taken out by the prisoner—I ran out, and my mate laid hold of him, when he got about twenty yards from the cart—he asked him what he was going to do—he said, "To pawn it for half a gallon of beer."
Prisoner's Defence. A person asked if I wanted a job—he told me to go to the cart and take the shovel, which was fixed in the side rails—the man tried to take it out, and could not—I took it, and was about to leave the cart, when the prosecutor's mate came and took me, and asked what I was going to do with it—I said, "To earn half a gallon of beer."
GUILTY . Aged 28.— Confined Nine Months.
ELIZABETH SLEET . I am the wife of Francis Sleet, who lives in Garden-walk, Battersea. I was at the Snow Shoes public-house, at Chelsea, on the 4th of August—the prisoner was there—she quarrelled with me, and then we fought—the prisoner made a grab at my bosom—I went back into the public-house, and I missed my sister's watch from my bosom.
took it into a public-house in Westminster, and gave her into custody—she did not conceal herself—I was told where I might find her.
Prisoner's Defence. I went into the Snow Shoes public-house to ask the prosecutrix for 2d. which she owed me—she struck me, and tore my cap—she being a powerful woman I did not strike her again—I went home to put another cap on—I returned, and picked up the watch and a stay-lace in the gutter—the face of the watch was dirty with the gutter water—I showed it to three or four people, and then took it to the pawnbroker's where I was known—when the woman demanded it I said I would not give it up, for I did not think it was hers.
GUILTY . Aged 17.— Confined Three Months.
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 40— Confined Three Months.
2077. MARY LYON was indicted for stealing, on the 3rd of August, 4 rings, value 1.; and 1 brooch, value 2l.; the goods of Thomas Genna, her master:—also, 2 handkerchiefs, value 5s. the goods of James Ludlam: and 3 handkerchiefs, value 1l.; and 24 yards of silk and cotton cloth, value 1l.; the goods of Jeffery Ludlam, her master; to both of which she pleaded
GUILTY . Aged 35.— Transported for Seven Years.
2078. JOHN ADAMS was indicted for stealing, on the 5th of August, in a certain barge on a certain navigable canal called the Regent's Canal, 561bs. weight of coals, value 9d. the goods of Richard Pope and others, his masters.
GEORGE ALLEN (police-constable S 77.) I was on duty on the 5th of August, on the Regent's Canal-bridge at half-past twelve o'clock at night—Richard Pope and others are coal-merchants, and have barges on the canal—I saw the prisoner on one of their barges going up the basin—I was attracted by his whistling and singing up the canal—I went on the bridge, and saw him throw the coals out of the barge, some on the towing-path, and some into the plantation—he then went on the towing-path, and threw the coals from there into the plantation, where they would not be so public—as I could not get down the bank at that place, and knowing him, I went and reported the circumstance, and watched the coals till two o'clock in the morning—another officer then came and relieved me—I took the prisoner in the Hampstead-road—I told him I wanted him for some coals that I saw him throw out of a barge—he said, "I am sure I did not throw any out"—I said, "I am sure you did"—he then burst out crying—there were 56lbs. of coals—this is a navigable canal.
Cross-examined by MR. HORRY. Q. Did you say before the Magistrate about the prisoner bursting out crying? A. Yes—I cannot recollect whether it was in my deposition when it was read to me—the prisoner was the only person I saw on the barge—I heard one person singing—I never said he threw the coals to another person—it was a very clear night—I was about fifteen yards from him—he was going towards the basin—the barge
did not stop—it was drawn by a horse—I saw the name of the barge—it was the Charles—I knew the prisoner was to be found by applying to Mr. Pope—I took him about nine o'clock in the morning.
JOHN JOSLIN (police-constable S 135.) I watched the coals—I suppose there was about half a cwt.—some boys came, and went into the shrubbery as if they knew where the coals were, and they got them at about half-past seven o'clock.
Cross-examined. Q. You took the boys into custody? A. Yes, and they were discharged.
Cross-examined. Q. Was the barge coming from the country to you? A. Yes—there was only one with this barge—there should have been a man at the horse's head.
Cross-examined. Q. Did neither of the witnesses ask you the name of the barge or the man? A. No.
JURY. Q. What is the length of the rope? A. About forty fathoms.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy. — Confined Three Months.
2079. DENNIS GLYNN was indicted for stealing, on the 31st of July, 2 pence, and 2 halfpence, the monies of Thomas Appleyard, from the person of William Henry Appleyard; and that he had been before convicted of felony.
THOMAS APPLLEYARD . I live in Dartmouth-row, Westminster—my son William Henry is between nine and ten years old. On the 31st of July he was sent out by a woman who was working in my house, but who is not here, to buy some bread—he had the money with him—I was asleep at the time.
WILLIAM HENRY APPLEYARD . I am between nine and ten years old. I was sent with a shilling for a loaf—I got the loaf, and had 3d. in change—I was going home, and saw the prisoner—he told me to open my hand—I said I would not—he then forced it open, took the 3d., out, and ran away—I know he is the boy—I did not know him before.
ROBERT SMITH (police-constable B 97.) On the 31st of July I heard a cry of "Stop him"—I saw the prisoner running, and he said it was not him that took it—I took him, and the little boy came up directly, and said he had robbed him of 3d.—I looked in the prisoner's hand, and found the 3d.
GUILTY .* Aged 12.— Transported for Ten Years.—Convict Ship.
2080. HENRY RISLEY was indicted for stealing, on the 6th of August, 1 spoon, value 10s. the goods of William Cater; and WILLIAM WELLINGTON , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
Clerkenwell—this spoon belongs to my son William—the prisoner Risley was in my employ six or seven months—on the morning of the 7th of August I missed the spoon—I charged Risley with it—he denied it—I went out for a policeman—when I came back he said he had given it to Wellington—I went to Wellington, and I found it in his pocket—he said that Risley gave it him to pawn it, having found it.
RISLEY.* GUILTY .—Aged 20.— Transported for Seven Years.
WELLINGTON— NOT GUILTY .
GEORGE KENWORTHY . I am a cotton-spinner. I was opposite Whitehall on the 11th of August, about three o'clock, when the Queen was returning from the House of Lords—I had a handkerchief in my pocket—I did not miss it till the constable asked me if I had lost it—I turned, and saw it in the officer's hands—I knew it.
Prisoner's Defence. I never had it at all, the officer seized me, and the handkerchief was found two or three yards from me.
(The prisoner received a good character.)
GUILTY. Aged 18.—Recommended to mercy. — Confined Three Months.
THOMAS ATKINSON . I am a grocer. On the 11th of August, I was in St. James's-park—the Queen was going to the House of Lords—the policeman told me something—I missed my handkerchief, and the policeman took it out of the prisoner's pocket.
JAMES BROOK (police-constable L 118.) I followed the prisoner through the Treasury, and saw him take the handkerchief from the prosecutor's pocket—he put it in his left trowsers' pocket—I took it out, and took him.
Prisoner's Defence. I was passing in the crowd, and the handkerchief was on the ground; I stooped to take it up, before I got it the policeman took me and it.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Six Months.
WILLIAM SPILLER . I keep the Red Lion public-house, Tottenham-court-road. Some time ago the prisoner and her husband came into my house, and had a bed for the night, and afterwards hired the room of me—they staid till last Tuesday morning, when I gave them notice to go—the man went—the prisoner called my wife to look over the things—there were some missing, and she called me—I said, "If she has got a bundle, you had "better search her"—she said she had got nothing belonging to us in it—she was going out with it—the bundle was opened in my
presence, and found the knives, and piece of carpet, and towel—they are mine, and part of them had been let to her with the room—the said it was her own—this is the property.
GUILTY . Aged 52.— Confined One Month.
MR. BODKIN. conducted the Prosecution.
THOMAS MARSHALL . I keep the Parr's Head public-house, Islington, the prisoner was my pot-boy for about seven months; I had reason to complain of his getting tipsy. On Sunday, the 26th of July, when I came home from church, I found him in a state of intoxication, which induced me to send for a policeman—he was not able to do hit work, and I was obliged to get rid of him—on the following morning my niece made a communication to me, and I went up to the front attic, in which the prisoner slept with another man, named Sale—I saw the prisoner's box opened, and a canister found, which contained two quarts and a pint of gin, and a bung was in the top—I believe the canister to be mine, it is like one I missed—I also found a penknife and case, which were mine, and some tobacco—the gin resembles what I had a sample of—I had missed gin—there was a tin measure found, which I had never seen before—I do not claim that—the tobacco weighed an ounce and a half—I was present before the Magistrate the first time the prisoner was taken there—he said it was part of the remains of an ounce of tobacco that he had bought at a shop opposite the church, and he had smoked some part of it—I had tobacco of the same sort in my house.
Cross-examined by MR. HORRY. Q. What kind of tobacco is it? A. Shag—it is quite common—I came home from church a little before one o'clock—I did not see the prisoner about eight o'clock in the morning, he was gone before I came down stairs—I never saw him till I returned from church—I breakfasted about nine o'clock—he was lying down drunk at six o'clock in the evening—I think he had had part of a pot of beer with some friends—I have no garden—my bar-maid's name is Elizabeth, I can not tell her surname—I believe a person was at my house last night, inquiring the name of my bar-maid—I cannot tell when she was engaged, it is about three months—I cannot tell whether she has ever received any letters.
Q. Do you know where the prisoner was between one and six o'clock in the evening? A. The greater part of the time on the settle asleep—I cannot say how early in the morning he was drunk—my bar was closed, if not locked, during church time—it is locked up with shutters at night—there are two doors to it, which are opened in the day—there are sliding shutters in two grooves, they form a passage—the shutters are sixteen or eighteen inches from the ceiling—there is an entrance from the bar-parlour to the bar—I lock the outer door of the bar, and take the key up stairs—there were no marks of violence on these shutters or doors—I kept three servants, altogether, the house-maid and bar-maid—this is the canister, it was quite full when I found it—I cannot tell what strength the gin in the canister was—the strong gin we buy is 22 degrees under proof—then we sweeten it—we are not obliged to put the strength of it on the cask.
Q. Is not this gin some degrees beyond the strength you usually sell
your gin? A. It is not below it—I cannot undertake to swear that it is the same strength as any gin I sold that Sunday—we have gin of different strength, according to the price—I sell British gin and hollands—we have it at 22 degrees, and the cordial gin at 17 degrees—this is the same strength as the cordial gin I sold on that Sunday—I can only go by the taste—I had a man in my house named Sale, but he is gone away—he applied to me for a bed, and I would not let him sleep there—I do not know whether it was Sunday night or not, but he was never in the house afterwards, he was not in the house when the prisoner came home drunk—it was most likely after this discovery that I told Sale he should not sleep there—he never slept in the room after Saturday night—I never saw him again till after the prisoner was in custody—I never saw him on the Sunday—I said he should not sleep there, because I thought probably there might be something wrong with Sale.
Q. Did you drink out of your stock? A. I should not suppose I sent out for what I drank—I have not taken account of what I and my family drank.
MR. BODKIN. Q. But allowing for what you took, you have missed gin? A. Yes—I desired Sale not to come there any more.
THOMAS WHITHERS . (police-constable N 211.) The prisoner was given to me by the prosecutor for disorderly conduct—I saw the canister and gin found in the box, wrapped up in a cloth, at Hatton-garden—the prisoner said he had the gin made a present to him three years ago—I saw this case in his box, it contained a penknife—there was also a measure—I have seen the same sort of measures used in brickfields, to serve out gin.
SARAH MARSHALL . I am the prosecutor's wife—this knife and case are mine—(looking at them)—I missed them about three months ago—I made very great inquiries about it in the house, in the hearing of the prisoner—he gave me no information about it—it was kept in the bar-parlour—I believe this canister to be ours—we had such a one and missed it—I find we are short of the quantity of gin we ought to have—the doors of the bar are locked at night, but there is an opportunity for a person getting over the partition to the bar.
Cross-examined. Q. The prisoner had no business in the bar? A. No, except to put his pots on the shelf—I cannot say exactly when I saw this canister last—it was not in use—it was kept under the bar-counter, with another—it was bought with the furniture of the house when we took it—in the inventory it is put down as an old tin tea-canister—there are no particular marks on it—there are four persons in our family—I do not take a great deal of spirits—I do not take a glass or two a day—I do not know the strength of the gin.
Cross-examined. Q. What was the last night you slept there? A. On the Saturday night—I went to sleep there on Monday evening, and he told me I should not—I had not got a situation then, but I have now—I was there a fortnight—I never got up with the prisoner in the middle of the night—I never missed him from my side.
went to make his bed, and smelt a strong smell of liquor—I went and told my uncle, and then saw the things found in his box.
Cross-examined. Q. That was the first time you smelt gin? A. Yes—the box was open, and no key in it—Mr. Marshall never told me I must swear to that tin canister—he has asked me whether I knew it, and I said I did know it by seeing it on the shelf under the counter—I did not recollect at first—I had always made that bed before—we have a barmaid named Elizabeth—I do not know her surname—I was at home that Sunday morning—the prisoner was out the best part of the morning—I cannot say whether the bar was fastened all that time.
MR. BODKIN. Q. Do you know that man who has been suggesting questions to the Counsel? A. Yes; I saw him last night at my uncle's house insulting the customers.
MRS. MARSHALL. My bar-maid told me that a person had been to inquire her name, and she would not give it.
MR. BODKIN to T. WHITHERS. Q. Were you present when the prisoner was before the Magistrate? A. Yes—I heard the prisoner make a statement—I do not think it was taken down in writing—I know Mr. Greenwood's signature—this I believe to be his—(read)—"The prisoner says a young man named John Knott, a pot-man, who lived at Paddington, and was in the habit of selling gin in the brickfields, that he laid in his gin one Saturday night, and died on Sunday afterwards; he gave me the gin and a bottle of brandy. The box had not been locked."
GUILTY . Aged 18.— Transported for Seven Years.
OLD COURT.—Saturday, August 22nd, 1840.
Second Jury, before Mr. Sergeant Arabin.
2085. JAMES CLARK was indicted for burglariously breaking and entering the dwelling-house of John Foot, about the hour of two in the night of the 4th of August, at St. Matthew, Bethnal-green, with intent to steal, and stealing therein, 2 spoons, value 3s.; and 45 groats; his property:—also, for a burglary in the dwelling-house of John Foot, on the 11th of August, and stealing therein 1 pair of spectacles, value 5s.; and 1 spoon, value 1s. 6d. his goods:—also, for a burglary in the dwelling-house of John Horgan, on the 17th of August, and stealing therein 12 biscuits, value 6d., his goods:—also, for stealing, on the 17th of August, 1 hammer, value 9d.; 1 chisel, value 6d.; 2 scutcheons, value 2d.; and 2 door-roses; the goods of John Arnott; to all of which he pleaded
GUILTY .— Transported for Ten Years.
(Property produced and sworn to.)
GUILTY . Aged 25.— Confined Three Months.
2087. MARY ANN BENNETT was indicted for stealing, on the 11th of August, 4 printed books, value 12s. 6d., the goods of John Nimrod George:—also, on the 8th of August, 3 stocks, value 7s.; and 1 shift, value 2s.; the goods of John Laker:—and, on the 1st of August, 6 yards ofribbon, value 3s.; the goods of William Hunt: to all of which she pleaded
GUILTY . Aged 13.— Confined Ten Days.
2088. ROBERT BROWN was indicted for stealing, on the 12th of August, 2 hats, value 3s.; 61bs. weight of nails, value 2s.; 2lbs. weight of screws, value 1s.; 1 metal cock, value 1s. 6d.; and seven tame rabbits, price 14s.; the property of James Stewart; to which he pleaded
GUILTY . Aged.— Transported for Seven Years.
GUILTY—Recommended to mercy. — Confined Three Months.
2090. WILLIAM WHISTLER was indicted for stealing, on the 14th of August, 9 yards of mouselaine de laine, value 14s.; 2 yards of silk, value 6s.; 11 1/2 yards of muslin, value 4s.; 10 yards of twilled cambrie, value 7s. 6 yards of printed cotton, value 3s.; 1 1/2 yard of linen cloth, value 8d.; 3 handkerchiefs, value 4s.; 4 pairs of stockings, value 5s.; 3 yards of ribbon, value 3s.; 4 yards of lace, value 5s.; 5 artificial flowers, value 2s. 6d. 4 skeins of silk, value 3d.; 3 reels of cotton, value 1d.; 24 needles, value 1d.; and 2 laces, value 1d.; the goods of John Griffith and another, his masters; to which he pleaded
GUILTY . Aged 29.— Confined Six Months.
Before Mr. Baron Gurney.
2091. DAVID MOREHOUSE PERKINS and HENRY BRETT were indicted for stealing, on the 13th of June, at St. Stephen, Coleman-street, 1 cash-box, value 5s.; 25 sovereigns, 20 half-sovereigns, 16 crowns; 30 half-crowns, 50 shillings, 60 sixpences, 1 50l., and 4 5l. Bank-notes; the property of Thomas Mason and another, in their dwelling-house.
MR. CHAMBERS conducted the Prosecution.
THOMAS MASON . I live at No. 21, Finsbury-pavement, in the parish of St. Stephen, Coleman-street, and am in partnership with Mr. Farnell, a linen-draper. On the 13th of June I had a cash-box in a closet in my bed-room, up two pair of stairs—in consequence of something I heard from Sarah Collingridge, I went up into that room about nine o'clock that night, and found the door of the cupboard broken open, a piece of iron which had been used for that purpose lying on the floor, and the cash-box gone—it contained about 116l.—there was a 50l. note, four 5l. notes, about 40l. in sovereigns and the remainder in silver, 6l. or 7l.—on going down stairs I found two people named Stone and Munting there—the prisoner Brett had been in our service, as porter, about two months, and left about ten days before—I had never seen him at my house between the time of his leaving and the 13th of June—this was the cash of myself and partner.
Cross-examined by MR. PHILLIPS. Q. I suppose Brett might have been there without your seeing him during the ten days? A. Certainly—I had a character with him, but I have reason to suppose it was from parties not competent to give me one.
COURT. Q. Who had you received the character from? A. From the Superintendent of the East India warehouse—I do not know his name.
seeing Brett at their house on the 13th of June—he had been there twice between the day he left and the 13th of June—I believe both times he came was for a piece of music—he came on the 13th of June, just before eight o'clock in the evening—he asked John our porter to go out and drink with him—he refused, and he said immediately he would go out and bring something in—I saw him go out and bring some porter into the kitchen—when he came in the porter was ca led out to go on an errand—he drank before he went out, and we all drank round—we then all went about our different work, and Brett went up and down stairs, and stood about the hall, and from one staircase to another—about a quarter to nine o'clock I said, "Oh, John won't be at home, and I must take up the tray"—I prepared it—Brett said, "You are not going to carry up all that, let them wait"—I said, "The time is nine o'clock, I must take it up"—he said, "Let me carry a few," and he took an armful of plates, set them down on the first floor by the door, laid, "Good night," and went away—there is a place in the wainscot, on the staircase, through which you can look into the shop—I did not see Brett do any thing that night but standing about—soon after Brett left Mr. Munting came over and asked me something—I gave him an answer, and directly after the robbery was discovered I found a pair of shoes behind the street door, the back-door where they come in at—one of the policemen took them away.
Cross-examined by MR. PHILLIPS. Q. Was there a charwoman in the house that night? A. Yes, her name is Birt—she let Brett out—she was opening the street door to another person, who brought some clothes, but did not come in, and he went out at that time.
MR. CHAMBERS. Q. Where was the charwoman when Brett was there? A. Sitting in the kitchen—Brett was not in the kitchen above five minutes—he never sat down, but walked up and down the stairs—the charwoman once helped me with the plates, that is the only time she left the kitchen—she had done her work, and was sitting in the kitchen, and she answered the door—Brett was there altogether from a little before eight o'clock till just before nine—the back-door is in Little Moorfields, the front door on the Pavement—they are both used, but the back-door more particularly for the servants.
COURT Q. You say Mr. Munting came and asked you a question, was Brett gone then or not? A. Yes.
ELIZABETH SARAH MUNTING . I live at No. 18, Little Moorfields. On the 13th of June I was standing at my father's door, about ten minutes before nine o'clock in the evening—our door is directly opposite the back of Mr. Mason's house—I saw the prisoner Perkins come out of the prosecutor's house without his shoes, with a parcel in a red handkerchief—on seeing him come out I mentioned it to my mother and father—my father followed him—I saw Brett come out about two minutes after I saw Perkins—I knew Brett by being his porter to the prosecutor—I had never seen Perkins before.
Cross-examined by MR. PHILLIPS. Q. Brett had nothing with him, had he? A. He had a parcel in a blue cotton pocket-handkerchief—I do not know what it was—it was rather dusk, about ten minutes to nine o'clock, between the lights—it was quite light enough to distinguish any body—our door is directly opposite Mr. Mason's—the street is not very narrow—Brett had not to pass by me—he was on the other side of the way—he went towards Short-street, in the same direction as Perkins—Perkins could not have been out of sight before I saw Brett, but I did not look after
him—I had been in the habit of seeing Brett go to the house when he was the prosecutor's porter.
ELIZABETH MUNTING . I was standing at my door with my daughter on the night of the 13th of June, and in consequence of what she said I looked towards Mr. Mason's house, and saw a man come out without any shoes on—he had a parcel in his right hand, tied in a handkerchief—he walked deliberately across the road from Mr. Mason's—I spoke to my husband and Mr. Stone, and they went after him immediately.
Cross-examined by MR. PHILLIPS. Q. Did you see the other man come out? A. I did not—I was not at my door above five or ten minutes—I did not notice the time—I should think it was more than five minutes.
MR. MASON re-examined. I have a back-door looking into Little Moorfields—that door is not more than four yards from the bottom of the staircase, which goes up to the first and second floors—there is but one room on a floor—the cash-box was in a cupboard in the room—there is no other staircase to that house—it is a double house—this is the back-house.
JOHN MUNTING . I was standing at my door on the evening of the 13th of June—upon my daughter saying something I looked in the direction, but did not see any man then—I ran with Mr. Stone towards Short-street—Mr. Stone overtook a man—I came up to him—it was the prisoner Perkins—he bad no shoes on—he knew me, and said, "I am surprised at you, Mr. Hammond, stopping me, here is Mr. Munting knows me very well"—he knew Mr. Stone by the name of Hammond—I knew Perkins somewhere about the City, but I do not know where—his face was familiar to me—Mr. Stone said, "What is this you have got here?"—he said, "Nothing but what is my own; I am surprised at your stopping me"—I said, "If you have got nothing but what is your own, you have no objection to come back with us?"—he said, "None at all," turned round, and was agreeable to walk back—he walked part of the way back with Mr. Stone—I said, "Don't let him go, I will go and inquire whether they have lost any thing or not"—I went back, knocked and rang—the maid servant answered—I asked whether they had lost any thing or not—she said they had lost nothing, she was sure nobody had been in there—I returned to Perkins and Mr. Stone, and Perkins was allowed to go away, as I told Mr. Stone, in his hearing, that the servant had said they had lost nothing—he had a handkerchief in his hand, and a sort of a square box, like a cash-box, tied up in it—I did not see the box—it was a sort of red dusty dirty handkerchief.
Cross-examined by MR. CLARKSON. Q. Whatever it was, was tied up in it? A. Yes.
Cross-examined by MR. PHILLIPS. Q. You went up towards Short-street? A. Yes—it is about fifteen or sixteen yards from my house—I did not turn up Short-street at all—I ran as far as Short-street—Mr. Stone said I was going wrong, and I turned—it was in New Union-street that we overtook him—that is about 100 yards from my door—we passed by several people in going—nothing attracted our attention—when I got to my door Perkins was out of sight—I did not see him till Mr. Stone showed him to me—I did not know Brett—I did not pass him to my knowledge.
have lost scent"—I followed the man up Union-street, and stopped him—it was Perkins—I said, "Halloo, old boy, what have you got there "—he had no shoes on—he said he had nothing but what belonged to him—Munting came up and made use of something of the same words—he made the same answer to him—I said to Munting, "John, I know it is wrong, what business has he with this cash-box"—I call it a cash-box, as I saw the handle through the handkerchief—it was not tied close, and 1 put my hand to it—he said, "I am surprised at you, Hammond, stopping me in the street, knowing me as well as you do," and he said the same to Munting—I had never seen him before to my knowledge—I lived with a half-brother named Hammond twelve or fourteen years, and I have always been called Hammond.
JOSEPH SHACKELL . I am an inspector of the D division of police. In consequence of information I apprehended Perkins on Saturday night, the 18th of July—I had been looking after him ever since the robbery—I told him he must go with me—he wanted to know what for—I told him I would tell him as soon as we got to the station-house—when 1 got him there I charged him with stealing a cash-box containing a 50l. note, four 5l. notes, 30l. in gold, and a quantity of silver—he said he knew nothing about it—I then requested him to give me his name—he refused to do so—I told him I knew his name, and he might as well give it me—he gave me "David Moorhouse"—I told him his name was David Perkins—he had shoes on—I had them taken off, and have them here—(producing them)—on the left foot there is a projection—he has a large bunion on that foot—I was present when another pair of shoes was tried on him by Hodgson—they appeared to fit, and were exactly the same shape, and nailed in the same way.
JOSEPH SHACKELL Cross-examined by MR. CLARKSON. Q. According to your notion, these shoes are the same make? A. They are not the same pattern—I believe they are made off the same last, but they are not cut in the same way—they are nailed the same way, which is extraordinary—I sent for a person named Hyde, the shoemaker, whom I supposed had made them, after he was in custody—he did not come—another man came—he was ordered up before the Magistrate and attended, but his evidence was not taken—I did not tell the Magistrate that he was there—I ordered him to attend.
COURT to MR. MASON. Q. You mention that there is but one room on a floor? A. I meant that the rooms all look out one way—there are two rooms—my room, and a small room on the second-floor—the suppertray was brought up to the first-floor—that room is under both the two rooms—the same staircase leads to both floors.
MR. PHILLIPS. Q. When he was in the service, was not he in the habit of assisting you in carrying up things? A. It was always his place to take up dinner and supper.
JOSEPH TODHUNTER re-examined. I saw the bed-room after the cash-box was taken, and found this iron, which is called a jemmy—I compared it with the marks on the cupboard—it appeared to be the instrument used.
HANNAH MARTIN . I have known Brett fifteen months—I recollect his being taken into custody charged with this robbery the first time—I was then living at No. 40, Westmoreland-place, not in the same house with him, but their garden and ours joined—three or four days after he was discharged, he asked me to redeem a handkerchief, and gave me half-a-sovereign to do so—he had very little money before the 13th of June—his mother told me so, and he has said he had no money—he said so only a few days before the 13th of June—it was after he had left Mr. Mason's service—after he gave me the half-sovereign to redeem the handkerchief I saw him with eighteen sovereigns in his father's garden—I was there with him—I was very much surprised, and said, I was surprised to see him with so much money—he showed it to me in the summer-house—there was nobody but him and me there—I said, I was afraid he knew something of the cash-box—(I had heard he had been take-up about a cash-box)—I believe he said, "Yes"—I do not exactly know the answer he made me, I cannot recollect—I said, "You have done it"—he said, no, he did not—I said, "Then Smith has done it"—he said, "No, he did not, but the man that was stopped coming out," alluding to the man that was takes—he said the man who had done it was the man who was stopped—I do not know that I made any particular reply to that—I might have said something—we left the garden, and in going out of the garden-gate he pointed under a pear tree, and said, "That is where the money was buried when I was taken up"—shortly after that I was in the prisoner's father's house—a coat was being mended—I mended the pocket of it—I put my hand into the pocket, and took out a bill-head of "Farnell and Mason"—the prisoner took it out of my hand and read it, and said, Farnell and Mason were d—good fellows, he had 50l. of their money—I never had any particular quarrel with Brett.
Cross-examined by MR. PHILLIPS. Q. You were examined before the Magistrate, Miss Hallett? A. Yes, I answer to the name of Hallett, Martin is my right name—the young man I was going to be married to took the apartments where I live, in the name of Hallett, and I have gone by that name, as every body in the neighbourhood knows me by that name—I have one child living—I have not lost any—I am not married—I never lived with Brett—I am twenty-six years of age—I kept company with Brett—I believe I was to be married to him—I do not know that my acquaintance with him has been a virtuous one, I know that it has not—I had heard him speak of going abroad a long time—I was not very angry at it—I knew he was not going abroad a long time ago, I knew he was not going—I felt uncomfortable, because I knew he had told me so many falsehoods about it—that is months ago, when I first became acquainted with him—I do not know that he threatened to leave me behind—he did not say he would take me with him—I do not know that he wanted to have done with me, I never thought so—I never asked if he intended to take me with him—nobody was present in the summer-house, nor in the garden—when he was first apprehended, I thought he was perfectly innocent—I think he was taken up again about three weeks after, or not so long, I really cannot say—I did not see him every day during the three weeks, I did occasionally—he was not always living
at home—he would be out for two or three nights together, then come home and go away again.
MR. CHAMBES. Q. How long after this happened about the coat did you see Hodgson, the inspector? A. About a week or ten days—I had made a statement to my brother and sister in the mean time.
RICHARD STAFFORD ROLFE . I am in the employ of Mr. Paddon, a clothes salesman, in the New Cut. I have known Brett many years—we went to school together—I saw him in the New Cut on the 1st or 2nd of July—I am almost certain it was the 2nd—(I had seen him about six months previous)—in the course of conversation he told me he had been to Newfoundland, and his employer there had such confidence in him he had given him 40l. or 50l. to buy articles for the season that was coming on—he told me his employer was some nobleman—he did not tell me when he had been to Newfoundland—he said he had returned front there the night previous—I saw a quantity of money in his possession, I cannot say how much—I saw the glittering of the sovereigns—we were in a public-house—he pulled out a quantity of money from his pocket, and I saw them loose in his hands—it was gold and silver intermixed—he told me he was a gardener over at Newfoundland, and I knew he was no gardener, knowing him so many years—I directly told my employer of it—on a rough calculation, I should suppose there was from eight to ten sovereigns, or mere—there was a whole handful), in fact, more than his hand could hold, he was obliged to put it up by the side of his body—He told me he had spent five sovereigns with a girl down at Wapping, and he had ordered a suit of clothes from Mr. Groves, and that he had bought some fire-arm to shoot bears with at Newfoundland, for his employer.
Cross-examined by MR. PHILLIPS. Q. Were you before the Magistrate? A. No.
JOSEPH BORN . I am salesman to Mr. Groves, of Lower Marsh, Lambeth. On the 2nd of July I saw Brett at my master's shop—ordered a suit of pilot clothes for sea, and gave me two sovereigns as a deposit—I went with him to a public-house, and had two shillings worth of brandy and water, which he paid for—I saw 2l. or 3l. in his hands, in gold, silver, and copper—in the course of conversation he said he had been to Newfoundland, bear-shooting—he did not say when he had returned.
Cross-examined by MR. PHILLIPS. Q. Were you before the Magistrate? A. No.
ANN HARDY . I know the prisoner Perkins—I lodged in the same house with him for the last two years—before the 13th of June I saw a man come to visit him three or four times—I went to Newgate, and saw a man dressed in sailor's clothes, and picked that man out as the man who came to Perkins—he was dressed in a blue coat and white apron—the prisoner Brett is the man—he was among the other prisoners when I pointed him out—I believe he is the man who came to visit Perkins.
Cross-examined by MR. PHILLIPS. Q. I suppose you are not quite positive? A. Yes, I am, quite—I have stated that I was not quite certain—that was when I was at Newgate—I told somebody there, who opened
the door—he said, "You should not say you believe, you should say you are sure."
COURT. Q. Who was that? A. An elderly gentleman, that opened the Old Bailey yard-door—I am quite sure Brett is the man—I am not saying so because any body has told me so—when I saw him in Newgate he was in a different dress to what I had been accustomed to see him in—he was in sailor's clothes, and he looked shorter to me then than when I noticed him go out of our place—on looking at his face, I say he is the man I saw come out of our house—I have seen him come three or four times—one time I opened our street door to him, and then he went into Perkins's room.
MR. PHILLIPS. Q. You were not before the Magistrate? A. No.
JOHN HARDY . I went to Newgate to pick out the man who came to visit Perkins—my wife recognised him first, and said something to me—I knew him to be the man—I had seen him come two or three times to Perkins's—I am sure Brett is the man—I am positive of it.
Cross-examined by MR. PHILLIPS Q. Are you the elderly gentleman who told her not to say she believed, but to be certain? A. No—I am her husband—the elderly gentleman asked her, "Can you swear to any one there? do you know any one of the prisoners?"—she said, "Yes, I do, the young man in the sailor's clothes"—he said, "Can you swear to him?"—she hesitated, and said, no, she could not, she thought he was the man—he said, "You must not think here"—that is all he said.
JURY. to HANNAH MARTIN. Q. What became of the heading of the bill? A. He tore it up to light his pipe, which he was going to smoke.
(——Francis, a cabinet-maker, Trafalgar-street, Walworth; Richard Baker, leather factor, Old Kent-road; William Turton, confectioner, Lambeth-walk; and——Hurst, brass-finisher, Bridport-place, Hoxton; gave the prisoner Brett a good character.)
PERKINS— GUILTY . Aged 38.
BRETT— GUILTY . Aged 21.
Transported for Fifteen Years.
2092. WILLIAM BUTLER was indicted for feloniously forging, on the 22nd of June, an order for the payment of 15l., with intent to defraud Timothy Thorne and others.—2nd COUNT, for uttering the same, with a like intent.
MR. BODKIN conducted the Prosecution.
WILLIAM PARKER . I am clerk to Messrs. James Thorne and others, brewers, at Westminster. On the 22nd of June a letter was brought to the counting-house—I believe the prisoner to be the youth who brought it—this is it—(read)—"22nd June, 1840. Mr. Summerland's compliments to Messrs. Thorne, and will feel much obliged if they will cash the inclosed for him, being in immediate want of the money, and not having time to send into the City, being a case of emergency, or he would not trouble them."—The cheque was for 15l., on Williams, Deacon, and Company, signed, "G. Redman")—I asked him if he presesented that note from Mr. Summerland—he said, "Yes," and I paid him the 15l.—Mr. Benjamin Thorne was in an adjoining office.
COURT. Q. How soon after did you see the prisoner again? A. He was at Worship-street about a fortnight after—I then recognised him, and I believe him to be the boy.
containing a cheque for 15l., from Mr. Summerland—the prisoner it very similar, very much like the lad who brought the cheque, but I cannot say that he is—I think he is the lad.
WILLIAM RANDALL SUMMELAND . I keep the Tap, in Horseferry-road, Westminster, and am a customer of Messrs. Thorne. This letter is not in my handwriting, nor written by my authority—I know nothing about it—I never had any thing to do with the cheque—I do not know the prisoner"—I never sent him with the letter.
Witness for the Defence.
JANE HARRIS . I am the daughter of Samuel Harris, of 21, Collingwood-street, Bethnal-green. He is a watch-maker—the prisoner was my father's apprentice—I remember Monday, June 22nd, because I went out to a party that evening about eight o'clock—the prisoner lived at my father's—he was at home on the 22nd of June—I saw him at different times in the day—the last time I saw him he was at work in the shop—that was about six o'clock in the evening—I had seen him in the morning as early as seven o'clock—he dined with us, hot not at the same table—he breakfasts in the shop—I made the breakfast—he carried it himself into the shop—he breakfasted about eight o'clock, and dined between one and two—we drank tea about six, I should think—I was in and out of the shop once or twice in the morning—he could not have gone out of the house without my missing him, and he did not go out.
MR. K BODKIN. Q. He was generally at home, I suppose? A. Yes.
SAMUEL HARRIS . I am a watch-maker, and live in Collingwood-street, Bethnal-green. The prisoner was my apprentice—Thomas Pinder is in my employ. On the 22nd of June I was at home—I have a particular reason for recollecting that day, because I sent some work home to two houses, but I cannot recollect by whom—it went to Mr. Hammond and to Mr. Lazarus—the prisoner was at home at work with me, but I cannot recollect whether I sent him out that day or not—we usually dine at about one o'clock or a quarter after—I do not positively recollect whether he was at home to dinner, but I should rather think he was—I am sure he was with me after dinner—he was at home from three o'clock till eight.
MR. BODKIN. Q. What time was the work sent home? A. I do not know, nor by whom it was sent—I do not know whether he went with it—I am sure he was at home from three to eight o'clock—the work was not sent home between three and eight o'clock—I know that gentleman (looking at Mr. Heritage)—I have spoken to him about this matter.
Q. On your oath did not you state at the time that you could account for the boy's time in Smith and Vicker's case, but not in any other? A. I do not know what those cases are—I told him oh 22nd June that I could not recollect who I sent home with the work.
MR. CLARKSON. Q. Was not the communication you made to Mr. Heritage under a belief that he was to be the attorney who was to be employed to defend the prisoner? A. It was.
JURY. Q. Where does Hammond live? A. In Northampton-square, Goswell-street—Lazarus lives at Bevis Marks.
THOMAS PINDER . I am in the employ of Mr. Harriss, a watch-maker, in Collingwood-street. I remember Monday, the 22nd of June—I know the prisoner—I cannot tell where he was from three to eight o'clock in the afternoon of that day—I have no distinct recollection of where he was—I rather think he was at home, but I do not recollect.
SAMUEL HARRIS re-examined. Q. Look at that cheque and that letter, do you know the handwriting of either? A. No, I do not; the prisoner can neither read nor write—we endeavoured to instruct him in our shop to read and write; he said he could not learn two things at once, and chose his trade in preference—he is eighteen years old next February—he was a very honest, steady lad—he lived with me two years as errand boy, and three years as apprentice.
NOT GUILTY .
2093. WILLIAM BUTLER was again indicted for forging, on the 8th of July, an order for the payment of 15l., with intent to defraud Sir Thomas Fowell Buxton, Bart, and others.—2nd COUNT, for uttering the same, with a like intent, knowing it to be forged.
WILLIAM ADAMS . I am clerk to Trueman, Hanbury, and Co., brewers—the firm is Sir Thomas Fowell Buxton, Bart, and other partners—Jane Rouse, who keeps the Crown public-house, is one of our customers. On the 8th of July, the prisoner came to their counting-house near two o'clock in the day, and brought this letter—it contained this cheque.
(Letter read.) "Mrs. Rouse's compliments to Messrs. Trueman, Hanbury, and Co., and will feel greatly obliged if they will cash the enclosed cheque for her in any possible way, being in immediate want of it, and not having sufficient time to send to the banker's for the same, or else she would not trouble them. Old Crown, 8th July, 1840."—The cheque was for 15l., on Spooner, Attwood, and Co., signed "W. H. Payne."
Q. Is Rouse, your customer, married or single? A. Single—that excited some suspicion in my mind—I asked him who he brought it from—he said from the Crown public-house at the corner of Hare-street—I told him to sit down, and I went into another room and consulted with the managing clerk—after that we had him in, and asked him again where he brought it from—he said from the Crown, Brick-lane—he was asked who gave it him—he said a man in the house behind the bar—Mr. Johnson, who was present, told him he had been telling stories—he then said he would tell the truth, and said a person in the street gave it to him—I left the room—a policeman was sent for, and he was given in charge—I left Johnson and another person in the room with him.
Cross-examined by MR. CLARKSON. Q. How long did he remain at your house after he brought the note? A. It might be half an hour; I cannot say—the policeman came in his uniform—one policeman afterwards went out and changed his clothes—the Crown is about three minutes' walk from our place.
ALEXANDER JOHNSON . I keep the Brewery tap, near Trueman's brew-house. I was in the counting-house at Trueman's when the prisoner came—I went into a private room with Mr. Adams—a letter and cheque was produced—as soon as the prisoner was in the room I asked him where he got those documents—he said he got them at the Old Crown, at
the corner of Hare-street—I asked if it was a man or woman gave them to him—he said, "A young man"—I asked if the young man was behind the counter or not—he said, "Behind the counter, serving"—I said, "All you have said is false, my boy"—he said, "Then I will tell you the truth; of I was coming down Brick-lane, a gentleman asked me to take this letter to the brewery, and he would wait for me under the archway, and give me some pence for my trouble"—I asked why he made two statements—he said, "I have got into a scrape, and must get out of it the best way I can"—he was then given in charge—he said his mistress had sent him down Brick-lane to get some dogs' meat—Collingwood-street is about a quarter of a mile from the brew house—dogs' meat can be got at many places nearer to his master's than that.
Cross-examined. Q. Where is the nearest place to Collingwood-street where it can be bought? A. In Cock-lane, which is not above 100 yards from there—I do not know the person's name who sells it—I cannot swear it is not 400 yards.
JOHN REANEY . I am a policeman. On the 8th of July I was sent for to the brewhouse, and took charge of the prisoner for tendering a forged cheque for 15l.—I asked him where he got it—he said he was met by a man at the corner of Hare-street, who sent him with it—I asked where he was to meet him—he said, "Under the archway"—I changed my coat and hat, and went with him under the archway—several persons were standing about, but he pointed out nobody—I asked him if there was no place where he was to meet him—he said, "Yes, at the Old Crown"—I took him in there, but he pointed out nobody there—I asked if he had ever seen the person before—he said, "Yes, once behind the bar at the, Old Crown"—I had quite changed ray uniform except my trowsers.
Cross-examined by MR. CLARKSON. Q. Are you in the habit of attending Worship-street Office? A. Yes—I have seen the attorney for the prosecution there—it was before I changed my coat that I questioned the prisoner—I was not in the brewhouse more than five minutes before I changed it—I went as far as Whitechapel-road to change it—that is about five minutes' walk from the brewhouse—he was in the clerk's office while I went.
MR. BODKIN. Q. Do you know Mr. Heritage, as clerk to Mr. Yardley? A. No, I do not know that he is the son of the Magistrate's clerk at Worship-street—I have seen him there.
JANE ROUSE . I am single, and keep the Crown public-house, at the corner of Hare-street. I am a customer of Hanbury's—this letter is not my writing—I know nothing about it—I never saw it till at Worship-street, nor ever saw the prisoner till I saw him there—I was at home the day this happened—I did not see him there—I had no man serving behind my bar.
(Abraham Carver, a publican; Henry Lazarus; James Pakell, silk-weaver, No. 43, Wilmot-street, Bethnal-green; Joseph R——, silk-weaver, Baker-street, Bethnal-green; Jephtha Veal, silk-weaver, James-street, Bethnal-green; and Thomas Hubbard, watchmaker, Collingwood-street; gave the prisoner a good character.
GUILTY of Uttering.
2094. WILLIAM BUTLER was again indicted for feloniously forgingon the 1st of July, an order for the payment of 30l., with intent to defraud Stephen Child and others.—2nd COUNT, for uttering the same with a like intent, knowing it to be forged.
EDMUND JAMES ROBERT ROUSE . I am cashier to Stephen Child and three others, distillers, in the Borough-market, by St. Saviour's church. On the 1st of July this letter and cheque were brought to the house by the prisoner about twelve o'clock in the day—(the cheque being read, was dated June 30th, 1840, drawn by G. Redman on Pocklington and Lacy, West Smithfield, for 30l.—letter read—"July 1, 1840, Yorkshire Grey, Park-street. Mr. Tute's compliments to Child and Dickers, and would feel greatly obliged if they could cash the enclosed cheque for him, being in immediate want of it, and not having sufficient time to send to the bankers for the same, or else he would not have troubled them")—Mr. Tate is a customer of our house—I asked the prisoner from whom he brought it—he said, "From the Yorkshire Grey"—I then, as my custom is, took it into a private office to one of the partners, who opened it—it contained the cheque—I was desired to give the money—I was in the act of putting it into an envelope to deliver to the prisoner, when one of the partners opened the door, and asked if I knew the boy—I believe the prisoner could not hear that—I then told him to go home, and I would send the money round by one of our clerks—he went away—I have not the slightest doubt of his being the person.
Cross-examined by MR. CLARKSON. Q. What time in the day was this? A. Half-past twelve o'clock, as near as possible.
Cross-examined. Q. Did you find a watch escapement on him? A. I found a watch-plate and 1 1/2 d.
(Witnesses for the Defence.)
SAMUNEL HARRIS . The prisoner is my apprentice—I live in Collingwood-street, Bethnal-green—I remember the day the Eastern Counties Railway opened—it was on Wednesday, the 1st of July—Pinder, one of my servants, went to the opening of the railway—I have two apprentices—neither of them went out that day—Edward Keemer is one of them—I entertained an idea of taking them, but I did not—the prisoner did not leave home that day till eight o'clock in the evening—he was at work at the same bench as me, except at meal times, from six o'clock in the morning till eight o'clock at night.
EDWARD KEEMER . I have been apprenticed to Mr. Harris three years and two or three months—I remember the opening of the Eastern Counties' Railway—I was at my master's house that day—I did not go out at all that day—the prisoner was working in the same place as me, and did not go out at all that day.
THOMAS PINDER . I was in the service of Mr. Harris—I remember the day the Eastern Counties' Railway opened—it was the 1st of July—I went to see the opening—I started from home about a quarter to one o'clock—I live in the house—I breakfasted there—I was in the house
from breakfast time till I went to see the railway opened—I did not notice the prisoner until a quarter to one o'clock, when I saw him in the shop—he had not been out before then—I came back about two o'clock—I do not recollect seeing him when I came back—all I can say is, I saw him at a quarter to one o'clock.
DANIEL KEEMER . I am in Mr. Harris's service. I was working there the day the Eastern Counties' Railway opened, the 1st of July—the prisoner was there—I have no particular recollection about the morning—I dined at home—he dined with us between one and half-past one o'clock—I had been at work in the shop—if he had been absent for an hour or two I think I should have noticed it.
NOT GUILTY .
2095. WILLIAM BUTLER was again indicted for feloniously forging, on the 2nd of July, an order for the payment of 21l. with intent to defraud James Scott Smith, and another.—2nd COUNT, for uttering the same with a like intent, well knowing it to be forged.
WILLIAM HENRY FOREMAN . I am cashier to Scott Smith, and Co., distillers, in Whitechapel. On the 2nd of July this letter and cheque were brought to our house between two and half-past two in the afternoon—our house is near Mile End-gate—I do not know Collingwood-street—the prisoner is the person who presented it—I have not any doubt about it—(The cheque was for 21l., dated 1st July, drawn by P. W. Clark, on Messrs. Spooner and Co.; the letter was dated 2nd July, to the same effect as the former ones, and purporting to come from Mr. Edwards, of the East London Tavern")—I asked him if he required an answer—he said, "Yes"—I asked if he knew how much money he had to take back—he said no—I gave him two 10l. notes and one sovereign, and requested him to give it to Mr. Edwards, who is a customer of ours, and keeps a public-house in Whitechapel-road.
THOMAS WINTERTON . I am a clerk in the house of James Scott Smith and another. I was present when the letter and cheque were brought, on the 2nd of July—I saw two notes and a sovereign given for it—the prisoner is the person, I am certain—I have not the slightest doubt of it.
Cross-examined by MR. CLARKSON. Q. Were you in town all July? A. Yes, in the service of the same gentlemen—I did not go to Worship-street.
JAMES HINES CLARK . I keep a public-house in Whitechapel-road. I know nothing of this letter and cheque—I do not know the prisoner—I never sent him to Scott Smith's—the letter is not my writing, nor was it written by my authority—I know nothing whatever of it.
Witnesses for the Defence.
SAMUEL HARRIS . I remember Thursday the 2nd of July—I was engaged that day in making a watch-escapement—the prisoner was helping me with that work, which was not usual—we began work a little after six or seven o'clock in the morning, and he continued to help me at it till six o'clock in the evening—I had to finish it myself the last hour, from six to seven o'clock—he never left the workshop that day, except for his meals, and he had his breakfast, dinner, and tea in the warehouse—I recollect that day very well, because I was disappointed in my dinner—I thought to have liver and bacon, but my wife could not get any liver, and consequently
we had bacon, which was so salt that I did not like it, and when the prisoner brought his plate down, I said to him, "Don't it ask you to drink?"—he said, "Yes, it has almost taken the skin off my mouth"—it was the day before the Eastern Counties' Railway opened.
JURY. Q. How could your apprentice and yourself both work at a watch-escapement? A. The boy polished the wheel and made the staff, rollers, pivot, and some other parts, while I did the rest—he never left the house at dinner-time—after dinner he went into the yard and amused himself, having a little time to spare, before he began work again—perhaps a quarter of an hour—he came back to the warehouse about half-past two o'clock—our general dinner hour is a quarter-past one.
JANE HARRIS . I was at home on Thursday the 2nd of July—it was the day of Fairlop-fair—a friend called on me that day—I saw the prisoner at dinner-time—we had bacon for dinner—he did not go out after dinner—I saw him at work in the course of the day—I went out at seven o'clock in the evening, and left him at home then—he was not out at all up to that time—I was waiting to take home the watch-escapement, which my father and the prisoner were finishing—I took it home at seven o'clock.
LUCY HARRIS . I am the daughter of Mr. Harris. I was at home on Thursday the 2nd of July—we had salt bacon for dinner that day—I did not see the prisoner at dinner-time—I saw him at two o'clock in the kitchen—he brought his plate, and knife and fork down-stairs after dinner and went into the yard to the dog, and called the dog by his name—I did not go out of the kitchen the whole afternoon—he could not get out of the yard without coming through the kitchen—I am sure he did not leave the yard till he returned to his work—he could not have been out between two o'clock and half-past two without my knowing it—I saw him again at three—he came down stairs to get some water to drink—he came out of the workshop.
EDWARD KEEMER . I am Mr. Harris's apprentice. I was at home on Thursday, the 2nd of July—I saw the prisoner at home that day, working with his master on the watch escapement—he dined with me about half-past one o'clock—we sat together—he went into the yard after dinner, and came back to work at two o'clock—he remained there till tea-time—he did not go out till after eight o'clock.
GUILTY of Uttering. Aged 17.— Transported for Fifteen Years.
2096. MARIA SMITH was indicted for stealing, on the 15th of May, 1 scarf, value 2l.; 2 shawls, value 2l. 10s.; 1 bonnet, value 1l. 5s.; 3 petticoats, value 15s.; 1 pair of stays, value 5s.; 1 shift, value 3s.; 1 table-cover, value 3s.; 1 handkerchief, value 5s.; and 1 gown, value 13s. the goods of Emma Vickerman, in her dwelling-house.
EMMA VICKERMAN . I am single, and lodge in Tash-street, Gray's-inn-lane, in the parish of St. Andrew, Holborn. The house belongs to Daniel Lynn—he does not live in the house—it is let out in lodgings—I occupy the first-floor front room—the prisoner lodged there three nights with me—she came out of the workhouse on the Monday-previous, she said she had no lodging to go to, and asked me if I would give her one for a night or two, which I did—on Friday, the 15th of May, she slept with me—I awoke about four o'clock in the morning—my things were safe then, and she was in the room—I fell asleep again, and awoke between five and six—the prisoner was then gone, and all the articles stated—they were worth
8l. to me—I have not recovered any of it—I saw nothing more of the prisoner till I heard she was in the House of Correction.
MARIA PRICE . I lodged in the house—I heard the prisoner talking to the prosecutrix about four o'clock that morning—when I got up she was gone—I had seen her the previous evening taking the padlock off the door as the prosecutrix came in—she had just got it off as the prosecutrix came in.
EMMA VICKERMAN re-examined. My door was fastened by a padlock, and I had the key with me—I found it broken off—I concluded she had broken it off to get in, not knowing at what time I might be home, and I took no further notice of it—there was no one in the room but her to take the things.
(The prisoner, in a long written defence, attacked the character of the protecutrix, and stated that on the might in question a man had gone home with her, and she left the room leaving them together.)
GUILTY . Aged 29.— Confined Three Months.
First Jury, before Mr. Common Sergeant.
HENRY NATHAN . I am a dancer. I left a watch in my clothes in the dressing-room attached to the stage, about a quarter after ten o'clock at night, and missed it between that and half-past eleven o'clock—I did no see the prisoner that day—I saw him three weeks after—he came into the Gardens, and had a key and ribbon hanging from his watch pocket—when he saw me looking at him he tucked it under his waistcoat, and put his coat over it—I went up to him and asked him the time—he would not tell me, but said his watch did not go—I asked him to let me look at it—he would not—I went and told Mr. Holley, and the officer found my watch on him—this is it—(looking at it.)
Cross-examined by MR. BODKIN. Q. You value it at 3s. 6d.? A. 6s.—it is metal—I dance at the Albert Saloon, Shepherd and Shepherdess Walk, City Road—the prisoner was engaged at the fire-works—the dressing-room is in the gardens.
(The prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy. — Confined One Month.
SHEIK BEETCHOO . (Through an interpreter.) On the 28th of July, I went home with the prisoner, and slept with her—I lost two whistles, two handkerchiefs, and 1s.—these are them—(looking at them)—I did not give them to her.
Prisoner. He gave me one handkerchief. Witness. I did not—she took them up and said she wanted to look at them, and directly went away with them—I did not give her the whistles to pawn.
in the morning of the 1st of August, the prosecutor came to roe and informed me what he had lost—I went and apprehended the prisoner, and asked her where the things were she had taken from him—she said they were left with the landlord of the Pavior's Arms public-house—the landlord gave them to me—the prisoner gave me the duplicate of the whistles, and I found them in pawn.
Prisoner. Q. Was not my landlady along with me? A. There was another female with you.
JOHN GREENHAM . I keep the Golden Eagle public-house. The prisoner came into my house about eleven o'clock at night, and gave me these handkerchiefs to take care of for her—she chucked them down on the counter and went away—she was put out of the house with the rest of the people.
Prisoner's Defence. He gave me the whistles because he had no money—he told me to pawn them till to-morrow, as if his Serang was on board he should have some money—I came back to him with the money.
GUILTY .* Aged 30.— Confined Nine Months.
WILLIAM TRENTER . I live in Oxford-street. On the morning of the 6th of August, about half-past nine o'clock, I was in Mr. Stockley's shop, and observed the prisoner at the window endeavouring to secrete some books—I watched him for half an hour, and saw him collect four particular books that would fit his hat—he put them into his hat, put his handkerchief over them, and put it on—I ran out—he threw the books out of his hat—two fell on the stall and two on the ground—I followed and collared his—he said, "What did you strike me for? I have none of your books"—in the struggle my fist went in his face—I took them up—these are them—(produced.)
Prisoner's Defence. I stopped to look at the stall—I had my handkerchief in one hand and the books in another—he came out and hit me is the mouth—the books were never in my hat.
GUILTY .* Aged 25.— Transported for Seven Years.
FREDERICK WILLIAM WARREN . I am in the employ of Joseph Richard Wilkinson, of Watling-street, City; the house No. 4, Fleur-de-lis-court, is his property. About two years ago the roof was fresh tiled and leaded—I have been on the roof, and found the lead cut away—I have examined the lead produced with the lead of the roof—it fits it—I have no doubt of its being the lead.
Cross-examined by MR. PHILLIPS. Q. When did you see it safe on the house last? A. About two months ago.
of the 1st of July, the two prisoners and another man came to the house, and brought something contained in a basket and a leather apron—it was heavy—about eleven o'clock at night I saw the same basket where they had been sitting—they were gone then—I examined it, and it contained this lead—I gave it to the policeman.
Cross-examined. Q. Can you swear that it was not the other man that had the package? A. I cannot say which of them it was—they were all three drinking together, and they came in together.
(ANN BARNARD, being called, did not appear.)
SARAH MUSGROVE . I am a widow, and lived in this house, in Fleur-de-lis-court at the time, Lane lodged there with me—I thought him a very honest man—he was there when I took the house, and lived there nine months—Morgan used to come to him.
JOHN BIVAND . I am a policeman. On the 1st of July, about five o'clock, I saw the two prisoners going down Ratcliff-highway—Morgan was carrying a parcel in front of him—I looked at him, and followed him down to a marine-store shop at the corner of Chigwell-hill, kept by Barnard—I looked through the window, and saw the two prisoners in front of the counter, and the lead lying on the counter—I went and asked the prisoners where they got it from—both said, "I brought it from my own home"—I asked if they objected to go to the station-house—they said, "No"—we went, and in going along, they said they bought the lead of a man two years ago, who was gone to Van Diemen's-land—this weighs 10 lbs. 8 oz.—I afterwards went to Fleur-de-lis-court, and fitted the lead to the roof—it corresponds exactly.
Cross-examined. Q. Did you tear away all the tiles of the roof? A. No, not all of them—I asked Mrs. Musgrove if we might go to the top of the house—she said yes if we liked—she accused nobody in my presence of stripping the tiles off.
LANE— GUILTY . Aged 27.
MORGAN— GUILTY . Aged 20.
Confined Six Months.
ELIAS JOHN CLOWSON . I am a seaman, and live at the Sailor's-home. On Sunday, the 26th of July, between nine and ten o'clock, I missed two combs and a hair-brush—these are them—(looking at them)—the prisoner lodged in the same house.
Cross-examined by MR. JONES. Q. How long had you had them? A. Only a few hours—I bought them on Saturday night—I put no mark on them—I kept them on a chair by my bedside—I had used them on the Sunday—I was going out that morning to take a walk—the hair-brush has "2s. 6d. "marked on it, which I gave for it, but this clothes-brush I used on my passage home—I put them all in a paper together by my bed-side—there were several lodgers in the house—the prisoner did not lodge in the same room—every man has a room to himself—these articles resemble mine—I have a particular mark on this clothes-brush.
JOSEPH PRICE . I am a policeman. I was sent for, and examined the prisoner's chest—I asked him if it was his—I found these articles in it—it was closed, but had no lock on it—I asked him about the articles—he said
he was in the habit of drinking very hard, and he very probably had purchased them and placed them in his box, but could not account in any other way.
Cross-examined. Q. Did you inquire whether he was a drunken man or not? A. I did—he was in a state of intoxication at the time—the people did not tell me he was in the habit of drinking very hard—they said that when he was on his voyage home he was convicted of stealing wine to get drunk with—I asked if they knew any thing of his habits—they said he certainly did drink.
GUILTY . Aged 27.
FRANCISCO ANTONIO . I am a sailor, and live at the Sailor's-home. I went to bed about eleven o'clock on the 28th of July, leaving my shirt and trowsers hanging on my cabin—I lost them—these are them—(looking at them.)
Cross-examined. Q. How do you know them? A. The trowsers were given me by a passenger, who bought them at Monte Video—they have a number "907" and letters on them—I know that was on my trowsers—the prisoner has seen me with them on many times—the shirt has got some varnish on the breast, and the sleeves are dirty.
Cross-examined. Q. Was the prisoner by? A. Yes—he said the shirt was his, and the trowsers might be his—I had never seen him wear them—they are chiefly worn by Portuguese.
GUILTY . Aged 27.— Transported for Seven Years.
ROSA HEAP I am the wife of John Heap, and live in Montagu-street, Spitalfields. The prisoner came to me on the 9th of August, and said he knew where to sell a set of brushes, if we would let somebody go with him—my husband told him I should go with him—I went with him as far as Dunn-street—he went up a step, came down, and said the woman was not at home, but if I went with him to his brother's, he could sell them—he went up a court in Fashion-street, and left me standing outside for an hour—he went through a public-house, and never returned—I afterwards found him in Petticoat-lane, and he said somebody had stolen them from him.
Prisoner's Defence. I was standing in Petticoat-lane the day before, and had some old brushes to sell; a man asked me to get him a new set; I said perhaps I could. The prosecutor had told me if I wanted any he could supply them. I went, and the young woman went with me. I met a young woman I owed some money to; she took them out of my hand, and ran away.
GUILTY .* Aged 23.— Transported for Seven Years.
WILLIAM HARTIGAN . I met the prisoner on the 16th of August quite drunk—I took him home out of charity—he went away, and about two hours after two strange men had the prisoner between them—his shipmate requested me to take him into the house for the night—I laid him on his own bed in the passage—he made a disagreeable noise, and I took him into my own room—in the morning my wife awoke me, and he was fumbling about the room—he said he wanted to go away—he asked my wife to get him a light, which she did—he put on his jacket, and went out with his bed under his arm—in about half an hour my wife missed a half-sovereign and a crown-piece, which I had given her—I went and found him in New Gravel-lane, in a bad house—I asked if he had any knowledge of the money, he said not—I asked how he came by the handkerchief on his neck, which was mine—he said my wife tied it on his neck—I gave him in charge.
JANE HARTION . I am the prosecutor's wife. He gave me a half-sovereign and a crown-piece—it was safe when the prisoner came into the house—I did not put the handkerchief round the prisoner's neck—nobody could have taken the money but him, nobody else was in the room.
Prisoner's Defence, Two shipmates took me into the house—in the morning I asked the woman for my handkerchief; she said she had not got it, and she gave me this one.
GUILTY . Aged 23.— Confined Six Months.
JOHN BOWDEN . I am shop-boy to Samuel Whatley, of Tarling-street, St. George's. On the 12th of August the prisoner came and bought threepenny worth of bacon—I saw her put a piece of bacon under her shawl—the other boy went and told my master—I went after her, and said master wanted to speak to her—the other boy took her back, while I went for a policeman.
Prisoner. I bought what I had, and paid for it. Witness, She did not say she had paid for it at the time.
Prisoner. I said before, that I paid the boy.
NOT GUILTY .
On Monday morning, the 10th of August, the prisoner came to me—I went to Mr. Hutchins's yard with him, to fetch a piece of timber to saw—I went to Holiday's, in Noble-street—the timber was too heavy to carry, I sent him for a truck—he did not return—I went to look for him, and found him at the corner of Foley-street—I charged him with stealing a plank—he said he had not, but he soon after said he had taken one, and put it back where he took it from—I said, "It is no use telling me that; unless you bring the plank back I shall give you into custody," which I did—the plank was found at Smallbone's, in Cumberland-street—I know it to be Mr. Hutchins's.
WILLIAM SMALLBONE . About a quarter after seven o'clock in the morning the prisoner came and said, "Will you let me leave this here for two or three minutes?" and he left the plank at the top of the railing, outside the door.
GUILTY .* Aged 19.— Transported for Seven Years.
HENRY PENTECOSTH . I am a plasterer, and live in Great Castle-street, Marylebone. On the 6th of August I lent my watch to John Levy, that he might know the time—he took it into his room with him—this is it, and the chain and seals also—(looking at them.)
JOHN LEVY . I received this watch from Pentecost to see what time it was—I went to bed, laid the watch on a little box by the side of my bed, and went to sleep—no one was in the room with me but my wife and child—I awoke, and perceived the prisoner's hand on the box where the watch was—he had no business in my room—I saw him going out of the room with the watch in his hand—I jumped up, and pursued him into the street in my shirt—I laid hold of his arm as he was going out of the street-door, and he dropped the watch—he pulled the door to, and caught my arm between the door, and door-post.
CHARLES ALBERT . I am a policeman. I saw the prisoner come out of the door—he cried "Stop thief"—I saw no one running but him—I followed and took him, and the prosecutor gave him in charge for stealing the watch.
Prisoner's Defence. I never had the watch in my hand.
GUILTY . Aged 20.
JAMES KENDALL . I live in Upper Ogle-street, Marylebone. On the 20th of July, about half-past four o'clock in the morning, my apartment was entered while I was asleep, and a coat, handkerchief, latch-key, and pocket-knife stolen—it did not appear how the persons got in or out—the door was left open—I occupy the two parlours, and sleep in the back—my brother slept in the front, from which the things were taken—this knife is mine—(looking at it)—I positively swear to it—the coat has not been found
—I firmly believe this latch-key to be mine—it was in the pocket of the coat.
Prisoner's Defence, I know nothing about it.
GUILTY .** Aged 20.— Transported for Fourteen Years.
2109. MARY BOURKE was indicted for stealing, on the 20th of August, 1 sovereign, 1 crown, 29 half-crowns, 9 shillings, 4 sixpences, 3 groats, and 6d?. in copper, the monies of Godfrey Thurgood, her master.
GODFREY THURGOOD . I am a baker, and live in Great Titchfield-street. The prisoner was in my service six or seven months—on the 20th of August, about twelve o'clock at night, I missed from 4l. to 5l., I cannot say exactly in what coin—there was one sovereign, a crown, a great number of half-crowns, shillings, sixpences, and groats—it was in a drawer in the parlour which was locked, and I had the key in my pocket—I had seen it safe in the drawer about three o'clock in the afternoon—I found the drawer unlocked at twelve o'clock—it was partly locked—the key ft was unlocked with would not lock it again—I sent for a policeman, and had the prisoner taken into custody—just as she was going she went into the yard, and I saw her come from the water-closet—I went and searched it, and found the money in a handkerchief, just thrown down the water-closet—I said to her, "Mary, I could not have thought you would have wronged me"—she declared she was perfectly innocent, it was not her who threw it there—no one but her had any opportunity of going there—the policeman was in the parlour at the time—he had not taken possession of her—instead of coming into the parlour she turned into the "water-closet—there was only my wife and two sons in the house, and a man down stairs.
ROBERT FAVELL . I am a policeman. I was sent for—I heard the prisoner crying in the passage, towards the back of the premises—there had been no charge made then—Mr. Thurgood was stating the nature of the case to me—I took her into custody—I wished the prosecutor to search where she had been, which he did, and found the money in the water-closet.
Prisoner. Q. Did you see me go to the water-closet? A. I met you coming from there—I searched the places where she kept her things, but found no key that would fit the drawer—the water-closet is not more than three or four yards from the house.
Prisoner. There were three lodgers in the house besides me and the servant—I had gone up to bed, after working hard all day; my mistress came and awoke me up, and told me to come down stairs; I came down, and master said some money was gone. I had not time to go to the water-closet or anywhere else.
GODFREY THURGOOD re-examined. I had lodgers in the house, but they were in their own apartments—you can get to the parlour from the yard—I had lost from 4l. to 6l. the day before, and the drawer was in the same condition then, and that evening I watched as narrowly as I could, to see how it had gone—my wife and eldest son were out that evening, till half-past twelve o'clock—no one but the prisoner had access to the parlour—she sat by the drawer at needle-work till eleven o'clock—I was in the shop, waiting on my customers—she went to bed at half-past eleven o'clock—I counted over
the money about twelve o'clock, and 4l. 16s. 6d. was gone—I had not seen the money since three o'clock that afternoon—my wife went out about seven, and the prisoner went into the parlour about nine o'clock—there is a glass door between the shop and parlour—it was half-past twelve when I sent for the policeman—I was the only person up—the lodgers were all in bed then, and the prisoner also—I sent my wife to call her up, on missing the money—she came down with my wife, and instead of coming into the parlour she turned into the yard—I did not see her go into the water-closet, but I am positive she was there, for I saw her coming up the step from it—the back-door was not locked—I went out and fetched the policeman, while my wife went up stairs to the prisoner—she was up stairs half-an-hour with her—I was not out two minutes—I missed the money before my wife came home—my wife did not come down till I hallooed to her to bring the prisoner down with her.
JURY. Q. How long elapsed between her going to bed and your missing the money? A. About twenty minutes—no one could have gone into the parlour during that time—I was in the shop all the time, and could see into the parlour—a servant out of place slept in the same room with the prisoner that night—the key was always in my pocket—a strange key must have been used.
ROBERT FAVELL re-examined. I came in with the prosecutor—I did not hear him halloo to his wife—I saw the prisoner in the passage, coming in a direction from the privy—the passage leads from the staircase—the yard-door was open—the prosecutor's wife came down stairs as I entered the passage—the prisoner had been down before the wife.
JOHN THURGOOD . I am the prosecutor's son. I went into the parlour about half-past ten o'clock, and about a quarter to eleven I saw a key in the drawer—I cannot say what sort of a key it was—I noticed it as I was putting my hat on the drawers—my father often goes to the drawer, and I thought he had left his key there.
GUILTY.—Aged 23. Recommended to mercy. — Confined One Year.
ROBERT BUTLER . I keep a broker's shop in Bethnal Green Road. On the 17th of August I missed a brass fender from outside the door, which I had seen safe three minutes before—I ran out, and saw the prisoner running down the opposite street with it—I called, "Stop thief," and he was overtaken by Hodges—he dropped the fender.
Prisoner. Q. Where did I throw it? A. Round the corner at the bottom of the street—I never lost sight of you till I gave you in charge—I was close at your heels till you were stopped by a man, and I took you by the collar—you were running very hard.
Prisoner's Defence. The gentlemen never saw me till I was captured—as to their seeing me with the fender they never did—I was going to look after a situation—the prosecutor called, "Stop thief"—a person stopped me—I asked what it was for—he said, "You are the man
who took my fender"—I struggled hard to get away, not knowing what I was taken for.
GUILTY .—Aged 23.— Confined Three Months.
HUGH ELLIOT . I met the prisoner on the 21st of August—she asked if I was looking for my shopmate—I said, "Yes,"—she said, "Go up stairs, he is in our house"—I went up, but he was not there—I asked her to give me some water—she gave me some to wash myself—I laid my jacket on a chair close to the door—she went down stairs to pretend to get the water—I looked round and my jacket was gone—this is it—(looking at it.)
Prisoner. Q. Did you not give it to me and tell me to take it to the public-house to get beer on it? A. Never.
CORNELIUS OWBN . I am a policeman. I met the prisoner about half-past five o'clock in the morning, with the jacket rolled up in her apron—I asked what she had got—she said, "Nothing"—I opened the apron and found this jacket—I said, "Where did you get it?"—she said a sailor gave it to her to go and get half-a-pint of rum—I said, "That won't do for me," and took her.
Prisoner's Defence. They would not take it at the public-house, and I was taking it home to the man.
GUILTY .*— Transported for Seven Years.
FANNY BOWER . I am apprenticed to a laundress, and occupy a room with my sister Louisa in St. Alban's-buildings, Bethnal-green; the prisoner also lodged with me. On the 18th of August I missed a frock and cap of my own, and half-a-crown and two sixpences of my sister's—the prisoner was gone—we went after her and found her at No. 3, Cooper's gardens, Hackney-road—I got a policeman, and found the shawl and cap hanging up there—(property produced)—these are them.
HENRY KIDNEY . I am a policeman. I went with the witness to the house and found the shawl and cap in the lower room—I called to the prisoner to come down—she came down dressed, with the frock on—she had pawned her own gown that day for 5s.
Prisoner. I did do it—it is the first time—I had a drop of drink and stopped in Cooper's-gardens, but I meant to get home with her shawl.
GUILTY .—Aged 26.— Confined Six Months.
NEW COURT.—Saturday, August 22nd, 1840,
Sixth Jury, before Mr. Recorder.
2113. JOHN JONES was indicted for stealing, on the 11th of August, 1 coat, value 1l. 2 breast-pins and chain, value 3l. 1 pair of shoes, value 4s.; 1 jacket, value 2s.; 4 half-sovereigns, 32 half-crowns, 70 shillings, 13 sixpences, and 1 groat; the property of James Fisher, his master; to which he pleaded
GUILTY .—Aged 25.— Confined Eighteen Months.
GUILTY.**—Aged 17.— Transported for Seven Years.
2115. HANNAH CONNOLLY was indicted for stealing, on the 19th of August, 5 shillings, the monies of Joseph Moore, from his person; and 1 seal, value 1l. the goods of the said Joseph Moore; to which she pleaded
GUILTY .— Confined Six Months.
GUILTY .— Confined Six Months.
GUILTY .—Aged 66.— Confined Eighteen Months.
HENRY LING (police-constable E 85.) On the 1st of August I saw the prisoner come from a silversmith's shop in High-street, Marylebone—in consequence of what the silversmith told me I followed the prisoner to Tottenham-court-road—he stopped at four or five silversmiths' shops and pawnbroker's—I stopped him, and asked where he had got those spectacles which he had been offering for sale—he said he found them in Oxford-street—he drew them from his pocket and showed them to me—I requested him to come to the station-house, and he went willingly—he was asked where he lived—he said, "At Mr. Mangles, in Wimpole-street"—I went there, but he had left there about three weeks—I took him again on the Tuesday following, and told him the spectacles were stolen from Mrs. Mangles—he said it was not true, he had found them, but it was ail right, for Mrs. Mangles would not appear against him.
MARY MILLER . I am the daughter of Mary Mangles. These spectacles are hers—she lives at Woodbridge, near Guilford—I have seen my mother wear them—they are gold—she used them the morning they were taken.
ROBERT WHITE . I live in Harley-street with Sir James Sterling. The prisoner lived at Mr. Mangles in Upper Wimpole-street—he came to assist me—when I told him of this he persisted in the story that he had found them—I have known him three months—he had access to all the property.
MRS. PRESTON (re-examined.) My mother and I were staying at Sir James Sterling's, and the prisoner came there to help—the maker's name was on the top of the case, when my mother lost them, but the top of the case has been torn off—my mother has seen the spectacles at the Magistrate's—we missed them immediately—they were lost on the day the prisoner was seen by the officer—my mother's case was like this.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Three Months.
DAVID JONES (City police-constable, No. 285.) On the morning of the 19th of August I saw the prisoner in Newgate street, following Mr. Edwards, and I saw him take his handkerchief and put it under his coat—I took hold of him, and told the prosecutor, who said the handkerchief was his and gave him into custody.
Prisoner's Defence. I was going down the street, I saw the handkerchief on the pavement; I took it up, and put it into my pocket.
GUILTY . Aged 23.— Confined Six Months.
PAUL CHARLES PATRICK . On the evening of the 18th of August, I was passing Tower-hill towards the Minories, with my son—in consequence of what he said, I followed the prisoner, who was running across Tower-hill—when he got to Rosemary-lane, he threw this handkerchief down—it is mine—my son is not here—I believe he has sailed to-day—I bad it safe in my pocket when I came out of the London Docks, not above five minutes before.
ROBERT DAINTRY . I saw the prisoner make two attempts at the prosecutor's pocket—he drew the handkerchief half out, then went a second time, and drew it out—I was about twenty yards behind, and before I could get to him, the prosecutor's son spoke to him—he turned, and cried, "Stop thief"—I am sure that the prisoner took it, and these was another with him.
CHARLES CHAMBERS (City police-constable, No. 523.) I was on duty in Rosemary-lane—I heard a cry of "Stop thief" and saw the prisoner running—I opened my arms, and he ran into them—the prosecutor delivered this handkerchief to me.
Prisoner's Defence. A gentleman asked me to mind his horse; when he came out, I was walking on and picked up the handkerchief; they called, "Stop thief," and I threw it down.
GUILTY .† Aged 17.— Confined Six Months.
HENRY HOMEWOOD (City police-constable, No. 669.) On the 18th of August, between eight and nine o'clock, I was on duty in Aldgate High-street—I saw the prisoner watching me—I got behind an omnibus, and saw him put his hand into the prosecutor's pocket, and take out his handkerchief—he threw it on the ground, and I took him—a lady handed it to me—this is the handkerchief—here is a mark in the middle where the prosecutor had burnt it with a cigar.
GUILTY.** Aged 17.— Transposed for Ten Years.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Three Months.
CHARLES COLE . I live in Wilstead-street, Somer's-town. The prisoner came to my shop that morning, about eleven o'clock—she brought this cane-seated chair to sell—I asked if she had not got half-a-dozen—she said she had—she wanted 2s. for this chair—I said it was not worth that to me, I would give her 1s. 3d.—she said she was in want of money, and I bought it of her—I put it outside for sale.
Prisoner. Q. You have known me for a long time? A. Yes—her husband is a cabinet-maker, and a respectable man.
Prisoner's Defence. A woman gave me the chair to sell, and said she had half-a-dozen—I cannot find her.
GUILTY . Aged 32.— Confined One Month.
HENRY PLATFAIR . I live in Southampton-street, Covent-garden—the prisoner was my shopman for five or six years. On the morning of the 13th of August I went into the shop to look at the slate on which he entered what he sold—there was an entry of only one spade, and he gave me the money for it—he was employed to receive money in my shop—I afterwards saw at Mr. Cousins's shop two spades with my mark—I got Mr. Cousins to go back to my shop—he said that he bought the two spades there, and paid 6s. for them—the prisoner admitted that he had done so, and said, that having lost half-a-crown of his own, the night previous, he had taken the 3s., and intended to replace it—on going back to the counter I found he had put 3s. on my desk.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Three Weeks.
MATILDA HEAD . I am the wife of John Head, of Gloucester-court, Whitecross-street—I keep a stall in the street there. On Saturday night, the 15th of August, I was engaged in trafficking for the sale of a comb, with a young woman—I was told something, and charged the prisoners with stealing a pair of combs—that proved to be incorrect, and I let them go—I then missed four pairs of earrings—I went and found them
in White's-buildings—they bad had a third person with them before, but not then—I told Harlow it was not combs that they had taken, but four pairs of earrings, and asked if he was one that I had spoken to about the combs—he said he was—the officer came and took them—I saw Harlow tear up a card, and I picked up the pieces—I can swear to the card by some books on it—a pair of earrings were found in Hammond's pocket at the station-house.
Cross-examined by MR. PAYNE. Q. How do you know the card? A. By having these nooses in it—I am sure it was Harlow who was tearing it—I was a little flurried—there were a great many people there—Harlow made no attempt to run away—I believe he bears a very good character—the third boy had got away—I have got another pair of earrings all but the top—the two I have lost were worth 1s.
JOHN UNDERWOOD (police-constable G 33.) I was on duty—I saw a crowd, and went up—I saw Mrs. Head and the two prisoners—I took them into custody—Harlow had something in his hand, which he tore to pieces and dropped against his feet—I took them to the station-house, and found a pair of earrings in the hind part of Hammond's jacket—he said he found them at the corner of Foster's-buildings.
Cross-examined. Q. Are you quite sure Harlow was tearing the card? A. Yes, while I had hold of him.
GEORGE ROBERTS . I live with my parents in White's-yard. On the 15th of August I saw the policeman holding the prisoners—I saw some boys looking about the ground—I looked, and found a pair of earrings—one of them is smashed—I took them to the prosecutrix's sister, and they were after that given to the officer—I found them about half a yard from where I saw the prisoners.
(Harlow received a good character.)
HAMMOND— GUILTY . Aged 17.— Confined Six Months.
HARLOW— GUILTY. Aged 13.—Recommended to mercy by the Prosecutrix. — Confined One Month.
EDWARD KELL (police-constable S 103.) On the morning of the 16th of August I was in Edgeware-road about seven o'clock—I saw Bull go to the stable of No. 1, Canterbury-villas, with an empty bag under his arm—I saw Sayers come out of the stable, and look round—he saw me, and went round a corner directly—I continued on the watch, and saw Bull come out with something in a bag on his shoulder—I am sure it was empty when he took it in—I asked him what he had got—he said, "Oh, you can look, I have been to feed the nags"—it was two pecks of oats—I said, "I saw you go to No. 1, Canterbury-villas, and you came out with this"—he then said, "Yes, I have been to borrow it of the coachman"—I took him to the station-house, and went to the stable, where I saw Sayers—I told him he was in my custody for taking oats, which Bull had carried away—he said he had taken none away that morning—he afterwards said a man had been to leave half a bushel of corn, which Bull had called for—I have brought a sample of the oats from the bin in the stable, and they correspond with what Bull was carrying.
CHARLES SHADWELL . I am a solicitor, and live at No, 1, Canterbury-villas. Sayers has been ray coachman for fourteen years—I went to the stable when I heard of this, but I do not recollect what I said to him.
Cross-examined by MR. PHILLIPS. Q. I believe you would not have the least difficulty in allowing this man to lend a little corn to the other? A. I do not know that I should—nothing is more common—I do not think he had the least idea of robbing me—I will immediately take him again.
NOT GUILTY .
WILLIAM KINGTON . I am in the employ of Mr. Nichols, of Aldersgate-street. On the afternoon of the 19th of August I saw the prisoner go to the prosecutor's shop, put his arm round the window, take out a piece of silk handkerchiefs, put them in his breast, and run away—I followed, and just before I stopped him he threw them away—I took them up.
Prisoner's Defence. I picked them up at the door.
(The prisoner received a good character.)
GUILTY. Aged 14.—Recommended to mercy. — Confined One Month.
MESSRS. BODKIN and BALLANTINE conducted the Prosecution.
FRANCIS GOODE . I am a surveyor, and live at Pentonville. I am agent to Mr. William Easted, who is contractor for building some sewers at Westbourn-green, for which purpose some bricks, made by Herron and Rutter, at Cowley, were sent by the barges, on the Grand Junction Canal, to Paddington—the prisoner is a wharfinger and occupier of No. 8 wharf, at Paddington—we agreed with him to land at his wharf, to convey them to the works at Westbourne-green—he was to be paid 3d. a thousand for the wharfage—9d. for unloading them, and 2s. 6d. for cartage—the 3d. for wharfage was to be paid whether the bricks were merely carried across the wharf to the carts, or whether they were deposited if the carts were not ready—a barge in general holds twelve, fourteen, or sixteen thousand—I occasionally attended on the part of Mr. Easted to superintend the unloading of the barges, but I deputed my foreman, who generally attended, to see that the number unloaded corresponded with the barge ticket; and if they were right he wrote on the ticket, "Short tally"—the prisoner had no authority to sell any of those bricks—his business was to cart them forthwith to the work.
COURT. Q. Were you or your agent to ascertain the quantity delivered? A. I was not supposed in virtue of my agency to be there, I was to purchase all the materials—I have seen the bricks unloaded at the wharf, but if I was not there my foreman, James Williams, was deputed to do so.
Cross-examined by MR. PHILLIPS. Q. Do you mean to say that you used to compare the unloading of these bricks with the brick ticket? A. Yes, I did that weekly—I should infer that the prisoner was responsible
for any bricks that were lost or stolen from that wharf—I made the contract with the prisoner alter hearing what the prices would be, that he should be paid after the rate of 3s. 6d. per thousand for carting and unloading these bricks, and for the wharfage—I did not depute Williams to make any agreement with him—I deputed him to ascertain from the different wharfingers their prices—I consider that the prisoner was to be answerable for whatever bricks could be proved to be landed on his wharf—he was to make them good to Mr. Easted.
COURT. Q. Of whom did you buy the bricks that are said to be lost? A. Of Herron and Rutter—I bought them in the name of Mr. William Easted—the delivery ticket was made out to Mr. Easted, but placed in my hands, and I or my foreman were to see the delivery of them to the prisoner—I was answerable for the delivery of all quantities to the prisoner if the tickets were signed by Williams.
JAMES WILLIAMS . I am in the employ of Mr. Easted under the direction of Mr. Goode. It was my duty to attend the wharf when the bricks were brought there in barges till Whit Monday—when the bricks were landed the boat ticket came up with the boatmen—I ascertained that the number was right, and signed the ticket as "Received for Mr. Easted"—on the 24th of June I saw one of the prisoner's carts going down Paddington, loaded with Mr. Easted's bricks—I saw them delivered at Mr. Cheel's, in Charles-street, Manchester-square,—I followed the cart—I then went to Westbourne-green, where I saw Phillips, and we went to Mr. Cheel's place, and saw the bricks—we then went to the station-house, and then to the prisoner's—about three hours and a half had elapsed from the time I first saw the cart till I got to the prisoner's place—a man, whom I know perfectly well, was driving the cart—he was working for Mr. Skuse—when we saw Skuse he was in the street opposite the King and Queen public-house—he said, "I have taken 500 of your bricks for a man I do a great deal of work for, with the intention of returning them with 500 from Mr. Boyle's brick yard"—I said, "That is a rummish way of doing business, as you have not acquainted me, it is a thing I durst not do of my own accord"—I told him the information I received from Mr. Cheel was quite opposite to that—we then went to the office.
Cross-examined. Q. Was this all that happened? A. He said, "How do you do?"—he often promised he would send all the bricks fended for us Westbourne-green, and I have said to him "If any bricks are landed here for us, mind and don't get them intermixed," and he said, "What bricks are landed for you shall be sent to Westbourne-green, and there shall' be nothing diminished"—I asked him to be honest with the bricks, and bring them faithfully to our place—I believe I told him he was answerable for all the bricks on the wharf.
JAMES PHILLIPS . I received a communication from Williams on the 24th of June, and I went with him to Mr. Cheers—after that we saw Skuse in the street—he said Mr. Cheel wanted the bricks to use, and it was too far to go to Mr. Boyle's field—he said he had taken 500 of our bricks away, and he meant to return them next morning.
CHARLES CHEEL . I am a builder, and live in Charles-street, Manchester-square—I went to the prisoner on the 22nd of June—I had often seen him before, but had not seen him then for perhaps a week—I did not order any bricks of him on the 22nd, but I saw some on his wharf, and asked him if he dealt in bricks—he said he dealt in any thing—I asked what
he wanted for those bricks—he said 2l. a thousand—I asked him if they were delivered or fetched for that—he said delivered, I said very well, and told him I would take ten thousand if I had room to put them—he asked me if he should send me in five hundred that morning—I said, "No"—I did not tell him that I wanted bricks in a hurry and could not send as far as Boyle's field for them, nor any thing of the kind—I did not mention any place—he had been employed by me to fetch rubbish frequently—on the next day, the 23rd, I ordered him to send some carts for my rubbish, but I did not order any bricks—I cannot say, whether he sent any thing with the carts that day as I did not see them—I did not receive any bricks—nor have any been delivered on my premises at any time—there are five hundred bricks or more for what I know, deposited adjoining my premises, but not on them—they are put against a public house wall—they are marked with a crown I believe—I had not ordered any bricks to be sent.
Cross-examined. Q. Did you not tell him to send some bricks, and that he might take away dung in the carts? A. I told him he might take away dung in the carts, but I do not recollect ordering any bricks—I might have said it, and forgotten it—it was to his man if I did say it—it is usual for wharfingers to sell in that way provided they make the articles good afterwards—I have known the prisoner about two years—I told him if I had room I should like to take ten thousand, but as I had not room I should like to take them in small numbers—I have known him on that wharf for six months, and could find him at any time—I did not consider that there was any concealment about this.
COURT. Q. Did you suppose that wharfingers sold their own goods or other people's. A. I suppose other people's—I had no urgent necessity for bricks that day.
JURY to FRANCIS GOODE. Q. Is it not very unusual to make the charge for wharfage a specific sum? A. I cannot say, it being the first job I had of wharfing at Paddington—the agreement was made from the prices given by the prisoner.
COURT. Q. Was it your reason for making the bargain that he should be more than usually bound, in case of the goods being stolen or made away with? A. Yes—we held him responsible that they should be forth-coming for the purpose designed—we paid 36s. a thousand for them, and they were carried and delivered at 39s. 6d.
NOT GUILTY .
WILLIAM HUGH RICHARD LEE . I keep the King and Queen public-house, on Paddington-green. The prisoner has been in the habit of coming to my house, and paying his men there—before the 18th of June he owed me 15l., which I had applied to him for—he said he had been buying a horse or two, and he had to pay for a new cart, and was short of money—on the day after that conversation I went to Nottinghill, about purchasing a four-wheeled chaise—I saw four of the prisoner's carts there loading rubbish—I had some conversation with a person there—I saw the prisoner at my own house after that, and I told him I understood he had the preference of the work at Norland-ground, and I had no objection to take bricks instead of money, if he would let me have them—he said he would and on the 18th he sent me 2000, marked with a crown—I was to have
them at 405. a thousand—I have the invoice here—he never communicated to me that they were the property of Mr. Basted.
Cross-examined by MR. PHILLIPS. Q. You proposed to him to buy the bricks? A. Yes, because I understood from a person at Notting-hill that he had some—I never bought bricks of him before—there were 4000 bricks of Mr. Cheel's on my premises—Mr. Cheel married my wife's daughter—I have known the prisoner two years and a half—40s. a thousand is considered a fair price—he did not desire me to keep this any secret—the bricks were delivered between seven o'clock in the morning and six o'clock in the evening in his own carts, and by his own men.
FRANCIS GOODE . I am agent to Mr. William Easted, who is contractor for building a sewer at Westbourn-green. I bought the bricks, and saw them delivered at the prisoner's wharf—they were usually conveyed by 12,000 at a time, in barges—they had a crown on them—it was my duty, or my foreman, to examine with the barge tickets the delivery of the. bricks to the prisoner's wharf—I had the control of the bricks till they were delivered to the prisoner—I held them on behalf of the prosecutor, and handed them over, counting them by the bills, to the prisoner.
Cross-examined. Q. How much money do you owe the prisoner? A. Nearly 7l.—I have kept that back till the result of this trial—I mean to deduct that 7l. as a set-off against the bricks he has sold, if it is the opinion of my legal adviser that I should do so.
NOT GUILTY .
(No evidence was offered.)
NOT GUILTY .
Before Mr. Sergeant Arabin.
JOHN FLOWERDAY (police-constable D 132.) On the 12th of August I was on duty at Paddington wharf—at half-past two o'clock in the morning I heard footsteps, and went to the boat where the prisoner was—I asked if he belonged to the boat—he said, "Yes," and he was going at three o'clock—I said I should be back again by three, I should not leave the gate open—I went and slammed the gate to, but remained inside—I saw him go to Mr. Rutty's premises, and take one truss of straw, take it into the boat, and come to the stable again—I saw another man following him—I went, and asked if he was allowed to take straw in the boat—he said "No"—I said, "You have taken one truss, I think"—I went to Mr. Richardson, who went to the barge with me, and found two trusses of straw on board—I do not know the other man.
CHARLES RICHARDSON . I am in the employ of John Ratty, a timber-merchant. The prisoner was his boatman—I did not allow him to take straw out of his stable—he had no right to take it—he took the boats to Cowley, and brought bricks from there, but he had nothing to do with the straw in the stable—it was on my master's wharf that the policeman saw him.
GUILTY . Aged 48.— Confined Six Months.
2131. JOHN COLLINS was indicted for stealing, on the 5ih of July, 1 pocket-book, value 1s.; 11 notes of the Bank of France, for 1000 francs each; and 1 note for 500 francs; the property of Gilbert Claud Alzard, from his person: and JOHN DAVIES , for feloniously receiving the same, well knowing them to be stolen; against the Statute, &c.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
GILBERT CLAUD ALZARD (through an interpreter.) I am a native of France. I was in England on the 5th of July, and went, with some friends, by the Falcon, to Grave send—I had a pocket-book, with a number of French notes, one for 1000 francs, separated from the others, and ten others, of 1000 francs each, and one for 500—when I got to Gravesend there was a push while landing—about twenty minutes before that I had felt my pocket-book safe—I missed it in about fifteen minutes after I got on shore—I immediately returned to town—I have seen one of these notes since at Mr. Smart's—I had pointed out means to Mr. Smart to identify the note.
Cross-examined by MR. PAYNE. Q. Where did you see the other notes? A. At Mr. Thomas's, in the City—I do not recollect the name of the street—there were five notes there—my pocket-book was in the hind-pocket of my coat—it was a new coat, and my tailor had omitted to make pockets in the side—the whole amount of the notes altogether was 11,500 francs, there were one bundle of ten notes, for 1000 francs each, another loose one for 1000 francs, and another for 500—I do not recollect the number of the note I saw at Mr. Smart's—all the notes were part of the bundle of ten notes, of 1000 francs each—that I saw at Mr. Smart's was one of the parcel of ten notes—I have seen four of them at Mr. Thomas's—they were my property—I know no person in Paris of the name of Courlan Montgomery—I had no person with me at Paris of the name of Connolly—I had no Irishman with me at Paris going about with me.
KNELLER SMART . I am a refiner and foreign money-changer, in princes-street, Soho. On Monday, the 6th of July, a man of the name of Davies came to me, between three and four o'clock in the afternoon—he produced this note for 1000 francs, and wished it changed—I requited a name and address, and got one—I had received information from the prosecutor that a robbery of French notes had been committed—I refused to give him the money, but proposed to send to the house to which he had given the address—Davies then said it was not his name and address, but the name and address of the man who sent him—he said his name was Davies, a publican in the neighbourhood—I declined to part with the note—he said he should send the man who owned it—I said, "Very well," and he left the shop—he came back in about an hour, and the prisoner with him—Davies said, "This is the man who owns the note"—the prisoner did not say any thing—he neither denied nor owned that he was the person—he heard what Davies said—the prisoner then said, "I shall have no objection to go with you to Berners-street"—I had told Davies, the hour before, that I had had information of the robbery having been committed on a gentleman living in Berners-street—Davies, on that, asked me if I would give him a written acknowledgment that I had detained the note—I said, "Yes"—while I was writing it the officer entered, and they all went out together—I went before the Magistrate—Davies was admitted to bail, and did not come back.
Cross-examined by MR. PHILLIPS. Q. You had never known Davies before? A. No—he told me he was a respectable publican—he had given the name of John Sevance, No. 9, Nassau-street.
MR. ALZARD re-examined. This is the note I lost—I know it perfectly well.
NOT GUILTY .
GUILTY. Aged 24.—Recommended to mercy. — Confined Three Months.
Fifth Jury, before Mr. Sergeant Arabin.
2133. THOMAS BEECHAM and JAMES BLAKE were indicted for stealing, on the 19th of August, in a certain vessel, upon a certain navigable river called the Thames, 1 jug, value 10s., the goods of Macgregor Laird and others, the masters of the said James Blake.
RICHARD KEEFE . The British Queen was lying at Blackwall, on the Thames—Macgregor Laird is one of the directors, Captain Roberts was master—I believe this milk-jug belonged to the American and English Steam Navigation Company.
NOT GUILTY .
SAMUEL MATTHEWS . I am agent to Charles Mackintosh and others. The prisoner was their errand-boy—I permitted him to receive money for his master—if he received a bill, he ought to account for it on the evening of the same day.
GUILTY. Aged 15.—Recommended to mercy by the Prosecutor.
MARY CRONE . I am a single woman, in the clothes line, and live in James-street, Oxford-street. On the 17th of August the prisoner came to purchase a pair of trowsers—after a little bargaining he ran away with them—I called and pursued him, and he was taken—he dropped them, and a person picked them up.
Cross-examined by MR. LUCAS. Q. What did you ask him? A. 5s. 6d.—he offered 3s.—I did not leave the shop—he took them up again, rolled them up, and ran out—I was not serving—the person who was serving them did not leave the shop.
GUILTY . Aged 18.— Confined Three Months.
station-house, and got a policeman—he went with me to Oxford-court—I waited about two minutes, and the policeman returned with the prisoner, these two baskets, and the shop-window blind—they are my master's, and were taken from the outside.
JOHN ROCHE (police-constable D 116.) Harding gave me information—I went to the prisoner's lodging, and left him there—I went to Woodstock-street, and found the prisoner with these things—I asked where she got them—she said they were her own.
Prisoner. I said they were a woman's. Witness. You did not.
Prisoner's Defence. I was employed by a woman last Tuesday to carry some dirty linen to Somers Town; she said she was going as far as Bond-street, and would wait at Mr. Giblet's door for me; I got my bonnet, and went out, took the baskets, and put them on my head, and the officer took me.
(The prisoner received a good character.)
GUILTY. Aged 46.—Recommended to mercy. — Confined Six Days.
WILLIAM WILKINSON . I came from Leeds. On the 11th of August, when the Queen was going to the House of Lords, I was near Buckingham Palace—I did not miss my handkerchief till the officer told' me something—I saw it taken from Jennings—this is it—the prisoners were both together.
GEORGE KEMP (police-constable N 82.) I was on duty in plain clothes, and saw the prisoners with another boy—I watched them for a quarter of an hour—they appeared in company together—I saw Keefe take the handkerchief from the prosecutor's pocket, and give it to Jennings—I took it out of Jennings's breeches, and took them.
(Keefe received a good character.)
KEEFE— GUILTY . Aged 16.
JENNINGS— GUILTY . Aged 16.
Confined Three Months.
2138. JOHN FARRELL was indicted for stealing, on the 31st of July, 1 necklace, value 12s., the goods of Henry Macrae, from the person of Elizabeth Macrae; and that he had been before convicted of felony.
LUCY BROWN . I am servant to Henry Macrae, of Aldgate. On the 30th of July I was out with his daughter Elizabeth, who is about a year old—I was standing in Whitechapel—the child had a necklace on—I felt a tug at the child, and something touched my shoulder—I turned, and saw the prisoner with the necklace in his hand—he ran away, and when he got a little way from me he stopped—I walked towards him—he ran, and got quite away—he was taken, and I found him at the station-house—I am quite certain he is the person—this is the necklace—(examining one.)
Cross-examined by MR. PHILLIPS. Q. Was there another there? A. There was a boy near, that I called to stop him—the necklace was got from the pawnbroker's—the ticket was sent to my master.
JOHN SIMS . I live with my father—he is a tailor. I saw the prisoner running up the street, and Brown running after him—I attempted to stop him—he knocked me down, and got away—when a man tried to stop him, he went under the man's arms—I went into the next street with Brown—he ran away again, we then all went to the watch-house, and afterwards
saw him in Crispin-street, with a lot of boys—he saw us, and walked away from his companions.
Cross-examined. Q. Are you sure it was him? A. Yes—I knew him before.
GUILTY . Aged 12,— Transported for Ten Years.
GEORGE KEMP (police-constable N 82.) Between two and three o'clock in the afternoon of the 14th of August, I saw the prisoner watching Mr. Coventry's shop in Old-street, for a quarter of an hour—there was a large pile of goods outside the door, and a covering over it—I saw the prisoner put his hand under the covering, and take this holland—he was walking off with it, and I took him.
Prisoner. Q. Did you see me pull it down? A. Yes, you had pulled at it for a quarter of an hour.
GUILTY . Aged 17.— Transported for Seven Years.
JAMES HIPPER . I live opposite the prosecutor, in Cowper-street. On the 19th of August, about eleven o'clock in the morning, I was sitting in my room—I saw the two prisoners, and another with them, pass the prosecutor's door, which was ajar—one of them touched the others, the door went open, and in about two minutes the two prisoners came back, looked into the hall, and spoke to each other—Fox placed his back against the door-post, pushed the door open, and went in—he shut the door—Miller stood outside, and in about half a minute Fox came out with the parasol under his coat, and gave it to Miller—they went on—I went down and passed them—I then turned and took Miller—he had not got he parasol then—Fox went off, and I called to a man who stopped him—the parasol was brought by a neighbour, who had had it thrown down his area.
FOX*— GUILTY .— Transported for Seven Years.
MILLER— GUILTY.—Recommended to mercy by the Prosecutor.
Confined Three Months.
JOSEPH DE CRUZE (through an interpreter.) I was on board the Donna Pasco, in the West India Docks; the prisoner was a stranger, and had no right there. On the 15th of August I saw him in the fore part of the
Cuddy, where the children's shoes are kept—I saw him take the shoes and throw them out of the port-hole, on to the timber in the dock-yard—he then went over the gangway, and went on shore—I saw him take up the shoes, and the officer took him.
WILLIAM COX STURMER . I am a midshipman on board that vessel. I was in one of the side-cabins—I heard Cruze call out—I put my head out of one of the ports, and saw him holding the prisoner, and pointing to the shoes—I did not see the shoes in the prisoner's possession.
NOT GUILTY .
GUILTY. Aged 28.—Recommended to mercy. — Confined Six Days.
JOSEPH GLADSTONE . On the 10th of August, I was working on board the Thomas Coutts, in the East India Dock. The prisoner was a stranger there—my jacket was in the after cabin in the ship—I saw the prisoner on board, and when he went away I saw my jacket on his back—I pursued and took him.
Prisoner's Defence. I went on board to get a snip—a man came and said, "Here, my lad, hold this jacket"—I held it, and he told me to follow him—then the prosecutor took me.
GUILTY . Aged 17.— Confined Three Months.
LUCY ELDON . I am cook to James Walkingham, Clarence-terrace, Regent's-park. At a quarter past ten o'clock, on the morning of the 18th of August, I was at the end of the passage leading to the area down below—I heard a person coming down the steps into the passage, on tiptoe—I listened, and heard them retreat—I went to the door, and saw a man a few steps up with a bundle—I ran up the area steps, and then I saw him running up the terrace with the bundle, accompanied by another man—I ran after them, and called, "Stop thief"—I ran till the gatekeeper took the prisoner—he threw the bundle down—I am sure he is the person—I did not lose sight of him.
Prisoner's Defence. I saw the bundle on the ground, and nearly fell over it. I did not run away with it.
GUILTY .* Aged 32.— Transported for Seven Years.
JAMES WHITE . I am a waterman, and live in Green Dragon Alley, Narrow-street, Limehouse. On the 4th of August I was going to have a pint of beer at the Bull's Head public-house, Whitechapel-road—I had these things on—I fell asleep, and when I awoke my hat, handkerchief, and shoes were gone—I had had no conversation with the prisoner—she is a stranger—I have never got my property.
ANN WALTERS . I take in washing. I was in the public-house and saw the prisoner untie the prosecutor's shoes, and ease them off his feet—she put one under one of her arms and the other under the other arm, and went out—I followed her and gave information.
SOPHIA BROWN . I was in the public-house with Walters—I saw the prisoner easing the prosecutor's shoes off—she put one under each arm and walked out with another girl—I had seen the prisoner once or twice before, but had not spoken to her.
Prisoner's Defence. I was at the house that night, but I do not recollect seeing the prosecutor there—the two women are bad characters—none of the prosecutor's property has been found.
NOT GUILTY .
ESSE ALEXANDER . I am married. On the 18th of August, about three o'clock in the afternoon, I was looking; at the things exposed at the prosecutor's door at Shadwell—I saw the prisoner rolling up a pair of trowsers in a hurried manner, and he put his finger up to me to mean me to be silent—I called out to the boy, "That man has got a pair of trowsers," and he ran away—he was pursued and taken immediately—I am positive he is the man.
Prisoner. I asked you if I was the person who took them, and you said you were not confident. Witness. No, I said I was positive.
DAVID CHARLES WATERS . I am shop-boy to James Tagus Shout. I heard the alarm, and saw the prisoner running away—he turned down Gold's-hill, with these trowsers in his hand—I called "Stop thief," and he threw them into a door-way and ran on—I took him—he told me to let him go.
GUILTY . Aged 19.— Confined Three Months.
2147. WILLIAM BAILEY and WILLIAM JOHNSON were indicted for stealing, on the 15th of August, 3 loaves of bread, value 1s. 8d., and 1 3/4lbs. weight of flour, value 5d., the goods of Robert Hamilton Murray.
WILLIAM MILLER . I am in the employ of Robert Hamilton Murray, a baker. On the 15th of August, I went out with bread—I left my barrow at the corner of Carburton and Charlton-streets—I left a padlock on the barrow, but I bad lost the key—I put the lock on as if it was locked—I came back in three quarters of an hour, and missed one large loaf, two small ones, and half a quartern of flour, and the prisoners were in custody.
Bailey. Q. Was the flap up or down? A. Up.
of Carburton-street as I was coming from business—Johnson was at my door, and Bailey walked up and down—I watched them—they left one another, then came and talked again—they are father and son—Johnson went to the truck and did something, I do not know what—they came together, talked again, and then went to the truck, and Johnson took out one quartern and two half-quarterns, then went away—I went after him and stopped him—he took the flour with him—I took him with the bread—he offered me a shilling—I said, "I don't want a shilling"—he then offered me two shillings—I said, "I don't want that, I will have you and your father too."
Bailey's Defence. We were having a pint of beer—I saw somebody come to the barrow and take the bread and floor out—we went out and saw the bread and flour lying on the path.
BAILEY— GUILTY . Aged 52.— Confined Six Months.
JOHNSON— GUILTY . Aged 14.— Confined One Month, and Whipped.
2148. EDWARD DOWDNEY was indicted for stealing, on the 13th of August, 1 pair of trowsers, value 8s.; 2 yards of woollen and cotton cloth, called check, value 2s.; and 1 comforter, value 6d.; the goods of Henry Richardson, his master.
HENRY RICHARDSON . I am a tailor, and live at Poplar; that the prisoner was my errand-boy for six days, he lived out of the house. On the 13th of August I was returning to the shop—I had been walking up and down the pavement, and on coming in I met the prisoner going out with a bundle—I said, "What have you got?"—he said, "Nothing but my dinner-cloth"—I said, "Indeed, let me look at it"—I found it contained a pair of trowsers which had been left at the shop—I looked and knew them—I searched further, and found these other things—they are mine.
GUILTY. Aged 11.—Recommended to mercy by the Prosecutor.
Whipped and discharged.
OLD COURT.—Monday, August 24th, 1840.
Third Jury, before Mr. Sergeant Arabin.
2149. ELIZABETH WESTON was indicted for burglariously breaking and entering the dwelling-house of Charles Daves, about the hour of three in the night of the 24th of July, at St. Andrew, Holborn, with intent to steal, and stealing therein, 2 watches, value 2l. 15s.; 1 time-piece, value 15s.; 1 handkerchief, value 1s.; 4 pieces of foreign silver coin, value 5s.; 2 half-crowns, 8 shillings, 16 sixpences, 6 pence, 132 half-pence, and 450 farthings; his property.
CHARLES DAVIS . I am a victualler, and live in Balls'-gardens, Leather-lane, in the parish of St. Andrew, Holborn. On Friday, the 24th of July, I went to bed at one o'clock, leaving all safe—there is a grating in street at the back of the house, which leads to the cellar—it was quite safe that night—the cellar leads to the other parts of the house—I was called up about ten minutes before six o'clock by a private watchman—
—I came down and saw that the grating was removed so as to admit a person—I then looked in the parlour, and found the press broken open, and two watches and a quantity of farthings taken from it—I missed a time-piece off the mantel-piece, some silver from the shop, and about 20s. in silver besides, amongst which were some old sixpences and coins—I lost great number of Irish harp-farthings, which I had been saving up for year s—there was one farthing of the reign of George the Second, and three or four others, which I could positively swear to—(produced)—I swear these are my property—the time-piece, watches, and other property, are quite lost—about three o'clock that afternoon, in consequence of information, I went to the Crown public-house, West-street—the prisoner had been there, but was gone—she had a stall at my door three weeks or a month previous to the robbery, and I had seen her at my house.
Prisoner. Q. Do you know any thing wrong of me? A. I know nothing of you, except that you lived with one of the persons who were indicted with you, but against whom no bill has been found.
SARAH SHEERMAN . I live at the Crown public-house, West-street, Saffron-hill. On Saturday, the 25th of July, I saw the prisoner at our house, I think, between eleven and twelve o'clock—there were several others with her—she asked for half-a-pint of gin, a pint of porter, and a pipe of tobacco—it came to 10 1/2 d.—she paid me forty-two farthings—I put them in the bowl along with others—I heard of the robbery between two and three o'clock in the afternoon—the farthings were given up then to Mr. Davis or the officer.
Prisoner. I did not pay for any tobacco; it was not all in farthings.
ALEXANDER BENSON . I am pot-boy at the Crown public-house. I saw the prisoner come into the house, and saw her with some farthings in a white handkerchief or bag—there appeared to be a good many—I did not see her pay them.
Prisoner. It is false; it was bread and cheese I had in the handkerchief.
SARAH CHANDLER . I live in Greville-street, and let lodgings? The prisoner lodged a short time with a man in my house. On the Wednesday preceding the 25th of July there was some rent due—she told me that day that she would pay me on Saturday morning, and on Saturday she did pay me 3s. 6d. in halfpence and 1s. in silver—she went away on the Sunday—she had lodged there a fortnight.
JOSEPH GINGER (police-constable G 137.) I apprehended the prisoner, and received this money from the prosecutor—there is a George the second farthing among it—the prisoner said she knew nothing of the robbery, and denied all about the public-house—I received these ninety harp-farthings from Mr. Davis.
MR. DAVIS re-examined. These are part of what I lost.
Prisoner's Defence. I sell things in the street, and am in the habit of taking great quantities of farthings, and that is how I came by them.
GUILTY . Aged 22.— Transported for Fifteen Years.
Before Mr. Baron Gurney.
2150. WILLIAM DUDLEY and CHARLES WALLBANK were indictedfor breaking and entering a building within the curtilage of the dwelling-house of Mary Gould, with intent to steal, and stealing therein, 3 bottles, value 6d.; 1 quart of rum, value 4s.; 1 quart of whiskey, value 3s.; 1 quart of gin, value 3s.; 1 decanter, value 1s.; 1 wine-glass, value 6d.; 1/4lb. weight of tobacco, value 1s.; 10 pence, 29 halfpence, and 7 farthings; her property.
MARY GOULD . I am a widow, and keep the Old Swan public-house, in the parish of St. Luke, Chelsea. On the 10th of August I did not get up till after eight o'clock—I received information, and found the property stated, gone from the bar in the lower part of the ground, where there are two rooms and a bar, in which my daughter serves—it is all enclosed with the house—the bar had been broken open—a half-door, the bottom part of which is wood, had been cut open—a hand could then be put in, and the door unbolted—that is the way they had, got in—the prisoners were employed about the ground, one to put up the skittles, and the other attending to the boats.
JAMES WOOLGAR . I am a policeman. On the 10th of August, about a quarter after five o'clock in the morning, I saw the prisoners within 300 yards of the Old Swan public-house, going as from the house—they each had a bundle—I stopped them, and found the bundles contained the articles stated—I asked what they had there—they said at first dirty clothes, and then said it was two bottles of wine—I took them into custody—I said, "Do you call these dirty clothes?"—they then said they had bought them at a public-house in Jew's-row, and were going to a fight to sell them that day—I took them to the station-house.
(Property produced and sworn to.)
DUDLEY*— GUILTY . Aged 18.
WALLBANK*— GUILTY . Aged 18.
Transported for Twelve Years.
MR. CLARKSON conducted the Prosecution.
LOUIS BECK . I am in partnership with my mother, Sarah Beck, as glass-dealers, in Crown-street, Finsbury. The prisoner was in our service as commercial traveller in London—he went about London to take orders—he had 1l. a week and 2 1/2 per cent, commission—he never accounted to me for 3l. 3s. 6d. from Mr. Walker, nor 1l. 12s. 6d. from Mr. Wells, nor 3l. 15s. 9d. from Mr. Coxell—he had authority to deduct his commission out of the money he received—the sums due to the on the invoice would be less 2 1/2 per cent.—he was to account to me the evening of the day on which he received the money.
Cross-examined by MR. PHILLIPS. Q. Had he not at times as much as two months to account? A. No—he never has accounted at the end of two months—I received 8l. 3s. from him, I think, on the 21st of July—it was not to be put to the general account—he specified a particular creditor to whose account that was to be put—I am sure of that.
MR. CLARKSON. Q. Was Mr. Grain's 3l. 11s. one of that sum? A. Yes—Mr. Hanson, 2l. 10s., Mr. Sims, 1l. 10s., and Mr. Gale, 12s.—at that time I was not aware of the deficiencies I have named.
6d. on account of Beck and Son—I have the invoice and his acknowledgment of the payment, signed by him in my presence.
Cross-examined by MR. BODKIN. Q. There it no date to this. A. It was on the 31st of June—I know it by my book in which I made the entry at the time—(receipt read.)
JOHN WELLS . I am a pawnbroker in the Hampstead-road; I was a customer of Beck and Son's. In February this year I paid the prisoner 1l. 12s. 6d. on their account—I took an acknowledgment for it on the bill—(read.)
DANIEL HENRY COXELL . I am a leather-seller, and live in Fore-street, Limehouse; I deal with Beck and Son. On the 8th of April I paid the prisoner 3l. 15s. 9d. on their account, and took this, receipt on the bill—(read.)
MICHAEL BECK . I am the brother of Lewis Beck. I acted as cashier in the house while the prisoner was there—he never accounted to me for 3l. 3s. 6d. from Walker, nor 1l. 12s. 6d. from Wells, nor 3l. 15s. from Coxell.
GEORGE MADDOCKS . I am a policeman. On the 5th of August Mr. Louis Beck delivered the prisoner into my custody for embezzling various sums of money—the prisoner said he had a part that he could give him now—I took him to the station-house, and found three half-pence on him—on the way to the station-house he said it was difficulties had brought him to this, and he was sorry for it.
(William Edwards, corn-chandler, New Cut; Thomas Kenyon, penmaker, Waterloo-road; James Ball, tailor, New Cut; Elizabeth Staples, New Cut; and—Fullilove, Oxford-street; gave the prisoner a good character.)
GUILTY . Aged 23.
THOMAS MANSELL . I am a general salesman, and live in New-row, St. Giles's. I knew the prisoner as the prosecutor's town traveller—I paid him 10s. 6d. on the 13th of July on their account—it was the balance of an account of 1l. 10s. 6d.—I had paid the rest previously in two other sums—I have the invoice—he signed the receipt—(read.)
JAMES JOHN RICHARDS . I am a dealer in china and glass, and live in East-street, Greenwich. On the 13th of June I paid the prisoner 1l. 15s. 6d. on account of the prosecutors—I have the bill—he signed it, as having received the money—(read.)
Cross-examined by MR. BODKIN. Q. You paid it yourself did you? A. Yes—it was the balance of a larger account.
ISAAC PLATTS . I am a pawnbroker, and live in Upper York-street, New-road. I produce an invoice of the prosecutor's—I paid 1l. 3s. to the prisoner on the 15th of June on their account, and took an acknowledgment on the invoice—I also paid him 9s., but I understood the prosecutor knew nothing of that sum—(receipt read.)
LOUIS BECK . The prisoner has never accounted to me for Mansell's 10s. 6d., or Richards's 1l. 15s. 6d., nor 1l. 3s. from Platts—I am in partnership with my mother, Sarah Beck—the prisoner was employed as a traveller, to receive money for us—I have his book here.
Cross-examined. Q. Here are a good many entries of cash received in your book after these dates, are any of them of money paid by the prisoner after the 21st of July? A. Not by the prisoner—the 21st of July is the last time he paid me any money—he had 1l. a-week—I always paid him
on Saturday night—he deducted his commission as he received the money—he was in the habit of doing that—he might let it run for a week, but never longer.
GUILTY .—Aged 23.— Transported for Fourteen Years.
MR. ESPINASSE conducted the Prosecution.
WILLIAM EDWARD ROWE . I am in the employ of Mr. Wyatt, who has premises in Johnson-street, Old Gravel-lane. On the 20th of July he received two puncheons and an oil hogshead of tallow from Mr. Knight—it was town tallow—I saw it safe on the premises at eight o'clock on the evening of the 20th when I left the premises—on the following morning I found the cask had been cut into, and from 4 to 4 1/2 cwt. gone, the space of the 4 1/2 cwt., was filled up with rubbish, and some tallow melted and put over it—I missed a 2 cwt. and a 3 cwt. cask—one of them was iron bound and chalked—they were oil casks—the prisoner Baker had been in Mr. Wyatt's employ—I know Samuel Tite—he has sold oil and gully to Mr. Wyatt at different times, and has been on the premises for that purpose—we lost a key of the factory three or four months ago—Baker was in our employ at that time.
Cross-examined by MR. CLARKSON. Q. Was Baker in your employ at the time of the robbery? A. No—he had left about a month.
COURT. Q. Where was the tallow? A. In the ware-house—that ware-house could be got into by means of the key that was lost, or a false key—I did not find it had been broken open.
MR. ESPINASSE. Q. On the morning you missed the tallow, did you find any aprons? A. No—two days after I went to put on a clean apron, and found three of my own aprons dirtied by somebody else—I had washed them the Saturday previous.
DANIEL DERRIG . I am a police-sergeant. On the 21st of July, I was passing down Old Gravel-lane, about half-past four o'clock in the morning, and saw two persons with a truck—there were two trucks, and in one there appeared to be something, and a coarse sack thrown over it carelessly—I turned round as they passed me, and looked after them—it did not appear to me to be any thing very bulky—it did not appear the size of 4 cwt. of tallow—the men were dressed in dirty fustian clothes, as it appeared to me—they were coming in a direction from Johnson-street, and were 300 or 400 yards from it—to the best of my belief the two Tites were the men.
Cross-examined by MR. CHAMBERS. Q. You did not speak to them? A. No—they passed me as I was on the pavement—they both had hold of the first truck, and the second was hooked on to it.
MARY ANN LAVER . I am the wife of Benjamin Laver, and live on Chiswell-hill. On the 21st of July, at half-past seven o'clock in the morning, the prisoner Baker came to hire a truck—he hired it, and had it two hours and a half—he then brought it back, and paid 7 1/2 d.—there had been grease in it before, but when he brought it lack there appeared to be more grease than before—it appeared plainer and fresher—it is a close-bodied truck—not covered, but with sides to it—he returned it at ten minutes to ten o'clock—I saw nobody with him either time.
CHARLES TRIPP . I am a tallow-chandler, and live in Rosemary-lane. On the 21st of July two persons brought a truck to my house at ten minutes to eight o'clock, with two casks of tallow in it—I could not swear to the men—I have no belief as to who they were—one was an oil-cask, and the other a runlet iron bound, and chalked, as if it had been fresh coopered—there was a sack over one—they asked if I bought ship's-fat—I went to the door, and looked at it—the oil-cask was turned bottom upwards—I said, were they both alike?—they said they were—it had the appearance of ship's fat—it was dirtied and messed—I asked what they wanted—they said about 30s. a cwt.—I ordered it in to be weighed, which was done—it weighed 4 3/4cwt.—I then ordered it into the melting-house, and followed, my men put a spade in to cut it out, and I instantly discovered that it was town-tallow, and it was warm—30s. is a fair price for ship's fat—town tallow would be 50s. 6d., but this was made dirty—I immediately said, "This is town-tallow, and not what you represent it to be, and I won't buy it"—one of them said, so help him, Jesus Christ, it was ship's fat—I turned it out, and said I would not buy it under any consideration, because I thought it was stolen—I unlocked the gates, and they directly took it away, and said they must find another market for it.
Cross-examined by MR. CHAMBERS. Q. How long were they there? A. I should think ten minutes was the furthest—Noble is my man.
Cross-examined by MR. CHAMBERS. Q. How soon did you see Baker again? A. When I went to the Thames-police, about three weeks ago—I am more certain of him now—I know he is the man.
COURT. Q. Why are you more certain now than you were then? You were not then positive he was the man. A. No, I thought he was the man, but was not positive—I do not recollect their dresses.
GEORGE LAVER . I am the son of Mrs. Laver, who has been examined. I was going to school on the 21st of July, about half-past seven o'clock in the morning, and saw my father's truck in Pennington-street—Baker had it—there was nobody with him when he took it from my father's door—I saw it go from my father's, and as I was going to school, I saw it in Old Gravel-lane—Walter Tite came out somewhere in Pennington-street, with it, and Baker was with him—they took it towards Johnson-street—they hath ran down Old Gravel-lane—there was nothing in the truck—they were both in greasy fustian coats.
Cross-examined by MR. CHAMBERS. Q. Has your father's truck got his name on it? A. Yes, in large letters, so that any one could read it.
JAMES FOGG . I am inspector of the Thames-police. I know the two Tites—I saw them on the 21st of July, between nine and ten o'clock in the morning, at Tripp's, and a third man was with them, who is not here—they had nothing with them then—I did not see the truck—they were dressed in dirty fustian greasy clothes.
Cross-examined by MR. CHAMBERS. Q. Is not one of the Tite's a green-grocer? A. Walter keeps a little greengrocer's shop—I was at Tripp's door, and saw them about there for an hour, but I knew nothing of the robbery then.
seeing him about four weeks ago—I heard of the tallow being stolen, and believe it was that morning—he came into my house alone, and one came two or three minutes after him, and they had refreshment—two men after-wards came with a truck or wheelbarrow, but I took very little notice of it as my door was half closed—those two men were in company with Samuel Tite before they left my house—it was before my breakfast, between seven and eight o'clock—the two men were dressed in white smock-frocks—I have looked at the prisoners, and believe the two prisoners, Walter Tite and Tippitt are the two men—I do not recollect any other man coming in while they were at my house—I do not recollect any conversation between any body besides them—I do not believe there was a man in the tap-room before they came in.
Cross-examined by MR. CHAMBERS. Q. Had you ever seen Samuel Tite in your house before? A. I think about half a dozen times before—I cannot say that this was on the morning the tallow was lost—I understand so—Samuel Tite came in alone—another man came in after him, and then two more—I saw a cart or wheelbarrow before the door—the two men who came in last brought that—after they had been in a few minutes two or three more came in, strangers, who had baskets—they were men on their business—there are a good many people call at our house from the Docks.
Cross-examined by Mr. JONES. Q. Have you ever before to-day said you believed Tippitt was the man? A. I believe so—I think I said so at the office—I should not like to swear it—to the best of my knowledge I said so before the Magistrate—I do not think they were more than five or six minutes in my house that morning.