CENTRAL CRIMINAL COURT.
ELEVENTH SESSION, HELD SEPTEMBER 14TH, 1840.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
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, September 14th, 1840, and following Days.
Before the Right Honourable Sir CHAPMAN MARSHALL , Knt., LORD MAYOR of the City of London; Sir William Henry Maule, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Robert Monsey Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer; Anthony Brown, Esq.; Sir Peter Laurie, Knt.; and Sir John Cowan, Bart.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Pirie, Esq.; Thomas Wood, Esq.; James White, Esq.; William Magnay, Esq.; and Michael Gibbs, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
MARSHALL, MAYOR. ELEVENTH SESSION.
A star(*) denotes that prisoners have been previously in custody—Two stars (**), that they have been more than once in custody—An obelisk† that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, September 14th, 1840.
First Jury, before Mr. Recorder.
GUILTY of a common assault. Aged 62.— Confined Twelve Months.
NATHANIEL CHARLES HARRIS . I live in angle-court, Skinner-street. on the 19th of august, about half-past twelve o'clock at night, I was on Ludgate-hill—I felt something touch my pocket behind—I turned round, and found the prisoner and another man behind me—I thought they had been robbing me, and asked if they had—they said, "no, and were passing on—I saw my handkerchief in the hands of the other person—I took hold of him, and he gave the handkerchief to the prisoner, who ran away with it—I afterwards saw it take from him at the station-house—this is it—(looking at it.)
Cross-examined by MR. PHILLIPS. Q. was he asked how he came by it? A. not heard—h had denied that he had it.
JAMES ROGERS (city police-constable, No. 314.) I was on duty on Ludgate-hill, and hearing the prosecutor cry out "police," I went up to him—he said his pocket was picked of a handkerchief, and the prisoner had got it—I took the prisoner as he was walking down Ludgate-hill—I searched him at the station-house, and found the prosecutor's handkerchief stuffed up his trowsers, and this other also.
Cross-examined. Q. Was any one else taken up on this charge? A. Yes—that person escaped.
GUILTY .* Aged 23.— Confined Twelve Months.
GUILTY. Aged 14.—Recommended to mercy. — Confined Ten Days.
GUILTY. Aged 20.—Recommended to mercy. — Confined Three months.
MR. CLARKSON conducted the Prosecution.
THOMAS JAMES , Jun. I am a cattle salesman, and live at St. Cloud, Cornwall. I have one partner. The money in question was the produce of beasts, which I had sold on account of myself and partner—I had not seen my partner since I sold them—on the 22nd of August I sold 125 beasts for 1200l. odd—I paid 1046l. 15s. into the bankers, all in cheques—I was entitled to a larger portion of the money than I had in my pocket—I came to London on Tuesday, the 25th of August, from Norwich—I had at that time 200l. in country notes, some of the Norwich bank, and five sovereigns, and some silver—a little after nine o'clock on Tuesday evening I went into a cigar-shop on Ludgate-hill, and purchased three cigars—I changed half a sovereign to pay for them—I kept my purse in an inside pocket, in the waistband of my trowsers—I took out my purse to get the half-sovereign—I then placed my purse in my left-hand pocket, not in the same pocket, and came out of the shop—on coming out I saw the prisoner close to the window—I had not observed her before—I think she was in a position to have seen me in the shop—when I came out she asked me where I was going—I said, "Not far"—she invited me to go to a house—I agreed, and we went to a Mrs. Green's, No. 13, King's Head-court, near Shoe-lane, I think—I had not been in the house a quarter of an hour before I missed my notes from my pocket—I had been on the bed with her—I told her she had robbed me of some Bank-notes—she denied it—I said, "You have, and I shall not let you go till I have a policeman"—I kept her there, I suppose, for an hour, trying to get a policeman—I desired the woman of the house to send for one, but she would not—they said they would accompany me to a policeman—we came a little way from the house, and just by a public-house Mrs. Green said, "You had better come in here, and have something to drink"—we went in, and had a pot of porter—my object was not to lose fright of them, and I thought the landlord or landlady might send for a policeman—I asked the landlady to do so, but she refused—we then left the house—a few minutes after we met a police-man, and I gave her in charge—after we had got about 100 yards she made a stop, and said she would go back and speak to the woman—the police-man said, "You are not going back, you are doing something"—he looked at her feet, and said, "You have dropped something there"—he stooped down, picked it up, and said, "Here the notes are"—I saw him pick them up near her feet.
Cross-examined by MR. PHILLIPS. Q. Were these notes the property of your partner and yourself? A. Yes—I should have to account to him for them—I have told nearly all that happened—I remember the servant girl coming up after I was robbed—I did not charge her with robbing me—I told her I had been robbed of some Bank-notes, and desired her to send for a policeman—I told the prisoner that she had robbed me, and whether the servant girl had received the notes from her I could not tell—the prisoner took off her gown, and I took off her boots to search her, but no further, that I swear—I thought she might have concealed the notes in her boots—they were laced boots—she was not stripped to her shift—nothing was taken off but her gown and boots—I searched the room, and took up the carpet, and shook it—the woman of the house desired me to search my
own person, to see if I had any thing—I took out some papers, my purse, and a small bag, containing some barley—after the search the prisoner said she was very sick, and desired to have a little gin—she sent for it herself—I did not drink any of it—Mrs. Green desired me to leave the house—we had nothing but the pot of porter at the public-house—the landlady said she would have no policeman in her house—I was quite sober—Mrs. Green did not put her arms round my neck in the street—I did not pull out my handkerchief in the street, nor any thing else—the prisoner said she had got a home of her own, and asked me to go with her, and stop all night—I promised to do so, thinking to get her out of the house, and to meet a policeman, which I did, and gave her in charge—she did not say, "Now give me in charge, if you choose"—I have been in London many times—I was close to the prisoner when the policeman picked up the notes—she did not say, "How could I have secreted your notes after you searched me in the house and found nothing?" that I swear—nor did she say, in my presence, that the notes were not dirty—she was not strapped twice, once to her shift, and once to her stays.
MR. CLARKSON. Q. Were her clothes taken off at all? A. No—the public-house we went into was near Mrs. Green's—I do not know the name of it—when I was at the cigar-shop the notes were in my fob, in one end of my purse, and the five sovereigns in the other end—I missed all the notes from my purse at the brothel—I had not meddled with the notes at the cigar-shop—I was at the brothel about an hour and a quarter altogether—I did not take my purse out till I missed the notes—I felt it outside, and thought it did not feel so large—as it ought—she was then fitting on the bed at my left-hand side—she had the opportunity of taking the purse out and replacing it—we were sitting in that position about ten minutes, or between that and a quarter of an hour.
THOMAS HARRIS . I am a supernumerary constable of the City police. On Tuesday, the 25th of August, I was on duty at the corner of King's Head-court, Shoe-lane, and saw the prisoner and prosecutor—the prosecutor said, "I give this woman in charge for robbing me of 200l. in country Bank-notes"—I took her in charge—when we got about half-way down Harp-alley, I observed her shift about a good deal, and the wanted to walk by herself—all of a sudden she turned round and said, "I shall fetch the woman of the house"—she leant herself forward and pulled up her clothes, as it were—I had some suspicion, pushed her aside, and there lay the notes—the prosecutor was about two yards to the left of her at the time, on the other side of the gutter—I was between them—he had not gone over the spot where the notes were.
Cross-examined. Q. Were you walking all close together? A. All three abreast—I had hold of the prisoner by the left arm—she had only her right hand at liberty—it was a dry starlight night—I cannot say whether there was any moon—the prisoner said, "How could I have secreted these notes when I was searched twice?"—I dare say the prosecutor was within hearing at that time—we were all three abreast—he made no answer to it.
MR. CLARKSON. Q. She did not say any thing about having been searched to her stays and shift? A. She said she bad been searched to her shift—I delivered the notes to inspector Lloyd.
from him these notes—(producing them)—I asked the prosecutor if he had any private mark by which he could recognize them as his property—he said no; that he received them from various country banks, and he believed the largest number was from the Norwich bank—he said he believed the sum total was 190l. or 200l., in tens and fives—they are tens and fives, and they amount to 200l.
(Maria Rolph, of Cumberland-buildings; L—Pulley, of Grafton-street, Marylebone; gave the prisoner a good character till within twelve months; since which they had not known her.)
GUILTY . Aged 27.— Transported for Ten Years.
NEW COURT.—Monday, September 14th, 1840.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY.* Aged 64.— Confined Eighteen Months, and fined £50.
2219. JOHN WILLIAMS was indicted for stealing, on the 25th of August, 1 cape, value 12s.; 2 caps, value 6s.; 1 handkerchief, value 1s. 6d.; the goods of William Runting; from the person of Sarah Runting;to which he pleaded
GUILTY . Aged.— Confined Six Months.
2220. JOHN PERRING was indicted for stealing, on the 15th of August, 1 coat, value 5s.; and 1 waistcoat, value 2s.; the goods of Stephen Nelson.—2nd COUNT, stating them to belong to Sarah Perring: to which he pleaded
GUILTY .** Aged 12.— Transported for Seven Years—Convict Ship.
WILLIAM BAKER (City police-constable, No, 132.) Between ten and eleven o'clock in the morning on the 23rd of August, I saw a mob—I ran up and the prosecutor had the prisoner in his custody—the prosecutor had this handkerchief, which I now produce, in his hand.
THOMAS POWELL . I am a linen-draper. I was in Barbican, and had this handkerchief in my pocket—I did not feel it taken, but a witness told me of it—I seized the prisoner, and took it from his trowsers.
Prisoner. I did not have it, I will be on my oath.
GUILTY .* Aged 17.— Transported for Ten Years.
SHORE HOUSTON . I live in Portland-terrace, Wandsworth-road. On the 9th of September I was going up Ludgate-hill, about a quarter-past twelve o'clock, and saw the prisoner take a piece of cloth from a pile which was half inside and half outside the prosecutor's door—he put it under his arm—I went in and told the shopman—he came out and cried, "Stop him"—the prisoner threw the cloth down, and the shopman picked it up—he then ran up a turning—I followed, and my foot happening to touch his foot, he fell—I took hold of him—he struck at me twice, but another person came up and secured him.
SAMUEL DOUDNEY . I conduct the business at No. 29, Ludgate-hill, This cloth is the property of William Morley Burnet and another—it has my own mark on it—the shopman who ran after the prisoner is not here—he was before the Magistrate, but he refused to take an oath.
Prisoner. I am innocent.
GUILTY .* Aged 17.— Transported for Seven Years—Convict Ship.
JOHN NISBETT MAN . I live at Kennington. On the 4th of September, about half-past eight o'clock, I was talking to a friend on Ludgate-hill—I felt some papers move which were in my pocket—I had my handkerchief in that pocket—I turned and saw the prisoner taking my handkerchief from my pocket—this is it.
Cross-examined by MR. PHILLIPS. Q. Before the Magistrate, did you state that you saw him taking the handkerchief from you? A. Yes, I did.
Q. Did you not say, "I turned round and saw the prisoner with my handkerchief in his hand?" A. Yes; but I saw him take it from my pocket, and I told the Magistrate so—what I said was taken down and read to me—my handkerchief was partly in my pocket—my pocket is behind me.
GEORGE VENTUM (City police-constable, No. 312.) I was on duty on Ludgate-hill—I saw the prisoner and another following the prosecutor and another gentleman—I saw the prisoner take the handkerchief from the prosecutor's pocket, as he and his friend were looking into a cigar-shop.
GUILTY . Aged 14.— Confined Three Months.
GUILTY .— Confined Three Months.
GUILTY .— Confined One Month.
GUILTY .— Confined One Month.
GUILTY .— Confined Six Weeks.
GUILTY .— Confined Three Months.
OLD COURT.—Tuesday, September 15th, 1840.
Second Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 50.— Confined Nine Months.
MESSRS. ADOLPHUS and BODKIN conducted the Prosecution.
JOSEPH DOWLING . I am a captain in the army, and am barrack-master of St. James's. I have the superintendence of the Wellington barracks—Sir Rufane Shawe Donkin, Knt., James Whitley Deans Dundas, Esq., and the Hon. George Anson, are the board officers—the prisoner, Knight, was superior barrack-serjeant—there were ordinary barrack-sergeants under him, of whom Allcock was one—on the 1st of July a contract was made with Messrs. Cory for coals—it was my practice to send a written order to the contractors for coals which were wanted for the public service—I allowed no one to apply to the contractor without my written order, which was the contractor's authority to supply the quantity there stated—it was Knight's duty to see that the quantity ordered was properly delivered—Allcock assisted, if he had no other duty—there was no necessity for more than one—Knight might receive and check the quantity himself, or desire Allcock to do it, or if Allcock was doing it, Knight might send him away and do it himself—this is the order which I sent to Messrs. Cory, on the 11th of July——(The order was dated 11th July, desiring Messrs. Cory to send, on the 15th, to the Wellington barracks twenty-four tons of coals, for the 3rd battalion of Grenadier Guards, and twelve tons to go into the barrack-masters store)—it would be the duty of Knight or Allcock, whichever attended to the receipt of the coals, to receive the tickets sent with them, to see that the quantity mentioned in the tickets was received, and to file the tickets in my office—the account is made up quarterly from the tickets, and I give a certificate for the quantity so certified as having been received—these tickets (producing some) refer to that order of the 15th July—I keep a double entry of these things, one in a private book and the other in a public book, in which entries are made by Knight in the office—that entry—(referring to it)—represents the coals ordered on the 15th to amount to twenty-four tons, received for the use of 3rd battalion of Grenadier Guards, and twelve tons as received into my store.
Cross-examined by MR. CHAMBERS. Q. I believe there is an office in which Knight used to sit and keep accounts? A. Yes, he kept his accounts in my office, at the Wellington barracks—a sergeant from St. George's and Sergeant Allcock also went to the office when business required—they had access whenever they thought proper—there was no clerk or accountant in the office but Knight—at times the duties in the office were rather heavy, so as occasionally to require Knight's constant attendance in the office—the duty of four barracks was done in that office
—I told Allcock that he was to superintend the delivery of coals from the commencement of July—I gave him a written order to that effect—I told him he was to be present at the receipt of all coals, candles, wood, and straw, commencing on the 1st of July—that was to enable Knight to attend more to my books—he had before that occasionally attended to the delivery of coals, not always—if Allcock was otherwise engaged, he might attend—if Allcock could attend Knight need not be present, but he could send Allcock away to any other duty, and attend himself—one or the other must see them delivered—I have been barrack-master at the Wellington barracks about four years and a half, and have known Knight during that time—he always gave me every satisfaction before—I had no fault to find with him—he was there before me—we occasionally take stock of what remains in the barrack-master's store—no deficiency has ever been discovered—there has sometimes been a surplus in some trifling articles.
MR. BODKIN. Q. Do you know of your own knowledge who attended to the receipt of the coals on the 15th at July? A. I was not present all the time—while I was there, in the early part of the morning, Allcock was receiving them—I did not see Knight there myself, but I only saw one load delivered—I saw Knight at my house that day.
WILLIAM CORY , Jun. I am in partnership with my father, as coal-merchants, and carry on business at Barge-house Wharf, Lambeth. On the 11th of July Allcock came to me with this order for twenty-four and twelve tons of coals, at 19s. 6d. a ton—he came into the counting-house, closed the door, and said that a saving could be effected; that, instead of twenty-four tons, we need only send twenty, and instead of twelve, eight; but that we should send the tickets for the twenty-four and the twelve tons, and that receipts would be given us for those quantities—our suspicions had been excited before this, and I was instructed by my father, in case a proposal of this sort was made, to dissemble my feelings, that we might expose them—I therefore told Allcock that he must see my father—he said nothing further to me about money—I said as little to him as I could.
ROBERT PARK . I am clerk to Messrs. Cory. I was on the premises on the 13th of July—Knight and Allcock came there together, and asked for Mr. Cory the elder—I told them he was at the market—Allcock said, in Knight's presence, that there were coals to go to the Wellington Barracks, that they should not want so many as were ordered, and he asked me if I thought Mr. Cory would give them the money for the coals that they did not want—I said I thought he would not—Allcock said 15s. a ton was what they expected—they were there about a quarter of an hour—Allcock said he was barrack-sergeant, and Knight was his superior, and that it was usual for other contractors to do so—I referred them to Mr. Cory, and said he would be back by half-past four o'clock—they waited till he came—I did not hear what passed between them—I afterwards received instructions from Mr. Cory how to act, and next afternoon Allcock came to the counting-house, and took two tickets from me for four tons each—Mr. Cory had told me he was coming for them, and to give them to him—Allcock told me he had come for the tickets—the delivery took place on the 15th—twenty tons were sent for the troops, and eight tons for the barrack-master's store, and I sent tickets corresponding with that quantity—in the afternoon, after the delivery, the prisoners came to the counting-house both together—Knight said he had come to give the
receipt for the coals—I took a piece of paper and wrote a receipt, which he signed in my presence—this is it—Allcock said nothing—he stood by—(this receipt was signed, "James Knight, superior barrack-sergeant" and acknowledged the delivery of twenty-four and twelve tons of coals)—after Knight had signed it, they still waited about, and did not seem disposed to go—I asked them if they expected the money—they both said, "Yes"—I said I thought it would be time enough to pay them when we received the money—they said they had given the receipt, and every thing would be right—I still declined to pay them, and said I must consult Mr. Cory before I could do so; upon which, Knight said Allcock should come over next day—they then went—next day Allcock came, and I then paid him 6l.—in doing that, and every thing else, I acted under Mr. Cory's directions.
Cross-examined. Q. Was this the first contract Messrs. Cory had had? A. It was—they had delivered twenty tons, I think, at St. George's Barracks—I think that was all one order—I believe it was for a battalion there—Allcock and Knight were in their private clothes when they first came—I had seen Knight before, but not Allcock—Allcock did not say there was not room to hold the coals that were ordered, nor that he should get into a scrape for having ordered so many—nothing of the sort was said—Allcock said it was customary to allow them 15s. a ton—I said I had never heard of such a thing—Knight said we had never had the contract, and that was the reason.
MR. BODKIN. Q. How long have you been clerk to Messrs. Cory? A. Thirty years—it was the first contract they had had from these barracks.
WILLIAM CORY . I am a partner with my son. We had the contract in question—on the afternoon of the 13th of July Allcock called on me, and said he was aware that contracts were taken at a low price, and therefore it would, no doubt, be acceptable to us to make a saving—he then stated that he had brought two orders, one for twenty-four, the other, for twelve tons, and out of those two a saving could be effected of four tons on each, and they should expect an allowance for the coals not delivered—he did say who he meant by they—he said former contractors had done the same thing—I told him I must take time to consider of it, and he might see me next day—I had suspicions, and appeared to humor the thing—I felt I had no other course to pursue, as an honest man—I had had no communication with Government about it at that time—he seemed alarmed, and said he hoped, if I did not consent, that I would not expose him—Mr. Hawes, M. P. for Lambeth, lives next door to me—I went to him, and communicated what had passed—I had appointed for Allcock to come next afternoon, which he did, and I consented to his proposition—I stated that I thought he wanted a very large proportion of the benefit arising from it—he wanted 15s. a ton—he observed, "Oh, but you save the cartage on the coals you don't deliver," which had never occurred to me, and I thought it very ingenious of him—the cartage would be 3s. or 4s. a ton—I think that was all that passed—I let the coals be delivered according to their desire—I was authorized to do so, and I gave instructions to Mr. Park how to act.
CAPTAIN DOWLING re-examined. I received this paper from Knight, in the course of his duty—it is his handwriting—(This was dated 11th July, informing Captain Dowling that twenty-four and twelve tons of coals wererequired, and signed James Knight)—it was in consequence of that paper that I gave the order—this letter—(looking at one)—is Knight's handwriting.
Cross-examined. Q. Before that letter was written by him, I believe he showed you another letter, which he had written? A. Yes—I did not altogether approve of it, and I suggested to him that he had better write in more respectful terms—I read the first letter—I cannot say whether it is destroyed—(The letter being read, was dated 5th August, addressed to Sir Hussey Vivian, soliciting mercy and forgiveness, on account of his (Knight's) age and long service)—Sir Hussey Vivian is Master General of the Ordnance—I recommended him to write a letter to the Master General, thinking it might do him good—I did not dictate the letter—the coals were for her Majesty's service.
(The prisoner received a good character.)
KNIGHT— GUILTY. Aged 68.—Recommended to mercy.
Confined Twelve Months.
2230. FREDERICK DYER was indicted for stealing, on the 1st of September, 181bs. weight of hay, value 9d., the goods of William Baker: and WILLIAM CHAPMAN , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
WILLIAM BAKER . I am a farmer, and live at Harrow. I had a stack of hay in cut—I missed some on the 1st of September, and on the morning of the 2nd some more—Dyer lives within twenty yards of the stack—Phillips brought some hay to roe, it was brown hay, I compared it, and know it to be part of my stack—I missed the full quantity, and Dyer said, voluntarily, "I took the hay off the cut, and put it into Chapman's sack" Chapman is a marine-store dealer—the hay is worth 9d.
JOHN PHILLIPS . I am a policeman. The prisoners were brought to me on Tuesday night, with the hay—Dyer stated that Mr. Hills, of E—, had given him the hay—I let them go—I went to Hill next day, and in consequence of what he said, I took the hay down to Mr. Baker's Rick, compared it with it, and then took the prisoners into custody—Chapman acknowledged to me that he had received some two or three times before, and that he had bought this hay the night before of Dyer for 2d.
Chapman. The boy acknowledged that he had the hay given to him—I never saw it myself. Witness. He acknowledged to me that he had given 2d. for it—Dyer lives with his mother, who keeps a toll-gate, she has no hay—Chapman lives about a mile and a half from them—he must know she was not a farmer—the sack belongs to a person at Covent-garden market, and Chapman said be bad borrowed the sack.
JOSEPH MARTIN . I am a policeman. I was on duty on the 1st of September at Bishopsgate, and between seven and eight o'clock I saw Dyer with a sack of hay—he said he had received it from a farmer's cart named Hill—I watched him, and saw Chapman give him 2d., and then he threw the hay into Chapman's cart—I took them both into custody—Dyer told the sergeant he received the hay from Hill's carman—the sergeant took their names, and allowed them to go home, and in the morning they were apprehended again—Chapman keeps a horse and cart, and goes about the country a good deal.
Chapman's Defence. I know nothing about the hay at all, it was unknown to me; I did not put it into my cart—I saw nothing of it.
(Dyer received a good character.)
DYER— GUILTY. Aged 15.—Recommended to mercy.
Confined Five Days.
CHAPMAN— GUILTY . Aged 74.— Confined Twelve Months.
THOMAS BARNES . I am a tailor, and lodge at a coffee-house in London-wall—the prisoner lodged in the same room with me for a week. On the 24th of August I missed these articles from my bed-room—the prisoner slept there on Sunday night, and went away on Monday morning—when I got up the articles were gone, which had been safe the night before—I found him at the station-house on the Wednesday morning with my coat and waistcoat on—he said I had sold them to him, but I had not—he asked me, during the week, whether I had a coat to sell—I said I had one, but did not care about selling it—he asked me the price of it—I said I did not know—he had no permission to take any thing away—this is my coat, waistcoat, and tobacco-box—(looking at it.)
Prisoner. Q. Did not you see me at breakfast on Monday morning? A. No, I never saw you after Sunday evening—I lent you the coat to wear on Sunday, as you said you were going to Greenwich—I did not ask you if you were going to wear it every day—you came home on Sunday night at ten o'clock, and gave me the coat, and thanked me.
JOHN LEWIS . I am a policeman. On Tuesday evening, the 25tb, I had information that a robbery was committed, and the man was in Skinner-street—I there took the prisoner with this coat, waistcoat, and tobacco-box, on him.
Prisoner. Q. Was I not there at breakfast? A. Yes.
GUILTY . Aged 20.— Confined Three Months.
2232. JANE HAMMERTON was indicted for stealing, on the 19th of August, 1 gown, value 1s.; 2 petticoats, value 10s.; 2 pairs of stockings, value 4d.; 1 shawl, value 2s.; 1 half-sovereign, 1 crown, and 2 half-crowns; the property of William Philip Godfrey, her master.
MARY GODFREY . I am a laundress, and am the wife of William Philip Godfrey, of Paddington—the prisoner was four weeks in our service, and twelve months ago she lived with us also. On the 19th of August I went out about eight o'clock in the evening, leaving her in care of the house. with my daughter, who is eight years old—I returned at eleven o'clock, and she was gone—she had taken off her own clothes, and put on these articles, which belong to two ladies who I wash for—she knew they were not my own—the shawl, stockings, and money are mine—these are what I missed—(looking at them)—the dress is quite new, and she has cut it about—I had given her strict orders to pay this money to the landlord when I left that night—she left her own clothes in the middle of the room.
PATRICK CONOLLY . I am a policeman. From information I apprehended the prisoner on the morning of the 28th of August—I told her I wanted her for stealing a gown, two petticoats, other articles, and some money—she said, "I acknowledge to have taken the gown and petticoats,
but I did not take the money"—I found the skirt and sleeves of the gown on her, the body was found at her lodging.
CHALOTTE LOWE . I keep a clothes-shop. On the 21st of August the prisoner sold me this petticoat for 1s.—she had it on her back, and said she was in distress—I asked her four times if it was her own—she said it was.
Prisoner's Defence. I did not take the money, she gave her daughter orders to pay the rent.
GUILTY .* Aged 16.— Transported for Seven Years.
GUILTY . Aged 44.— Confined Three Months.
2234. WILLIAM KING was indicted for stealing, on the 19th of August, 11 spoons, value 2l. 14s.; 1 pair of sugar-tongs, value 7s.; 1 pair of spectacles, value 7s.; 1 tea-caddy, value 2s.; 1/2 lb. weight of tea, value 2s.; 1 shawl, value 10s.; 1 muffineer, value 10s.; 2 razors and case, value 5s.; 1 purse, value 1s.; and 1 basket, value 2s.; the goods of John Williams.
MR. BALLANTINE conducted the Prosecution.
EDWARD FARRINGTON . I am assistant to Mr. Dutton, a shoemaker, at Beckford-row, Walworth. Mr. John Williams was remaining at his house, having come from Wales—on the 19th of August a cab, which was engaged the over night, came to the house between six and seven o'clock in the morning, driven by the prisoner—I assisted in putting the parcels into the cab—there was, among others, a cane basket, containing articles belonging to Mr. Williams—this is the basket—(looking at)—I was not aware of the contents—I gave it to the prisoner, and he put it inside the cab himself—there was a padlock to it—I do not know whether it was fastened.
Cross-examined by MR. PAYNE. Q. Had you ever seen the prisoner before? A. Never—MR. Williams had ordered the cab the night before—I am quite certain the prisoner is the man I gave the things to—I knew the basket before, it belonged to Mr. Williams—he had been there about two months.
WILLIAM THOMPSON . I am porter at the Swan with Two Necks, Lad-lane. On the morning of Wednesday the 19th of August I remember a cab coming there with a gentleman and lady, and some luggage—the prisoner is the man who drove it—I know his face well—I helped to unload the cab—I did not take any parcel from inside, but from outside—I then asked the cab man if he had any more parcels inside, after it appeared to be unloaded, and he said, "No"—there was no basket of this kind taken out—I saw all that was taken out brought into the office.
Cross-examined. Q. I believe you asked the gentleman himself if every thing was out? A. Yes, and he said he believed he had got them all, but soon after the cab was gone he missed the basket—I had never seen the prisoner before—I saw him at Guildhall and knew him again—I can swear to him.
Manor-place, Walworth. I saw the prisoner on the 18th, when the cab was hired—I never knew him before—I believe he was on the stand—I am certain he is the man—he was to go next morning at seven o'clock to Mr. Dutton's—I saw the gentleman next morning, and the prisoner also—the gentleman called me up out of bed next morning—I went with him to find the man who had driven him—I went in company with the gentleman to different cab stands—he saw the prisoner at his house, and said, "That is the man"—the prisoner went with us—he said he knew nothing at all about the basket—after the gentleman bad left him and given him a drop of gin in Black friars-road—he came down and abused me at the Old King's-head, and told me watermen ought not to know any thing.
Cross-examined. Q. He had been having something to drink then? A. Yes—I went with the gentleman—I have never been in trouble—I was never before a jury or judge in my life—I was never accused of taking any thing that did not belong to me.
CHARLES HITCHES . I am a policeman. I went to the George public-house, in Black friars-road, which is a watering house, on the 22nd of August, in company with Mr. Douglas, I there saw a person named Ionn—I made inquiry of him, and he showed me this basket—the hasp had been broken off, and tied with this cord—the plate which is now in it was in it then—he stated where he got it—Douglas claimed it as Mr. Mills' property, and he gave it up.
MATTHEW SEYMOUR IONN . I am barman at the George public-house, in George-street, Blackfriars-road, about half a mile from the Swan with Two Necks. I assist my sister who keeps the house—I have known the prisoner two or three years—he frequents our house when he is near it—I remember the morning this occurred—I cannot be certain whether it was Wednesday or Thursday—I believe it was Wednesday—about eight o'clock in the morning, just as I came down, it might have been a little after eight, the prisoner was in the bar, and this basket was left at the house—it was not given into my hands by the prisoner, but if he had called for it I should have given it to him—I did not receive it from him, but should have given it up to him—it was left that morning in the bar, and at that time.
Cross-examined. Q. How many more people were there there? A. Six or seven—I found a party down stairs—the prisoner was tipsy at the bar—I said, "As'usual, some bother or other"—there was some confusion about a green yard—the basket was in the bar when I came down, where parcels are generally put—I did not see who put it there, but the prisoner was the only person among them who I knew—I think this was on the Wednesday, but I could not swear it.
COURT. Q. Why should you have given it up to him? A. He was the only person among the party at the time who I knew—three parts of them were tipsy—I thought he was the party who had left it—I certainly thought it belonged to him.
JOHN KNEEBONE DOUGLAS . I am step-son of Mr. John Williams. I know the property in this basket belongs to him—I saw them placed in the basket, which was first locked, and then tied with a rope—when I found it it had evidently been opened—I have known some of the spoons twenty-five years.
(James Webb, green-grocer, Pinto-place, Gray's Tenn.-road; George Elliott, cab proprietor; and Richard Mallett, tailor, Walham-green, Fulham; gave the prisoner a good character.)
GUILTY . Aged 33.— Transported for Seven Years.
WILLIAM RUFUS CRIKMORE . I am a painter, and live with my parents. On the evening of the 21st of August I was bathing in the Serpentine river—I left my clothes on the shore—when I came out I missed my shirt and boots—a boy gave me information, and I went and saw the prisoner on the bridge—he had a shirt on, but, being dark, I could not swear it was mine, and while they were getting a light the prisoner ran away—he was taken in about half an hour—I saw my shirt at the station-house, and knew it—it has "R PC" on it—the boots were sent home after the prisoner was given in charge—I do not know by whom—this is my shirt—(looking at it.)
BERNARD CONOLLY . I am a tailor. I was bathing in the Serpentine, and saw the prisoner and prosecutor there—I afterwards saw the prisoner in Oxford-street—I knew him before by sight—I opened his waistcoat, looked at his shirt, and knew it to be Crikmore's—I gave him into custody.
DENNIS KEAYS . I am a policeman. There were a lot of boys collected together in Oxford-street, hallooing out that the prisoner had stolen the shirt—Conolly said he had sent for the owner—the prosecutor came up, and I asked if he could swear to the shirt—he said no—I asked if his mother could—he said yes—I took it to his mother—she looked at the tail of the shirt, saw some letters, and said it was his, and when he saw the letters he said the same.
GUILTY . Aged 19.— Confined Three Months.
JAMES BEDFORD . I am a sadler. On the 13th of August I met the prisoner at Knightsbridge, and went with her to a house in the Great Almonry, Westminster—I had nine shillings and a five-shilling piece in my fob when I went there—I had given her 2s. besides—we went to bed—I fell asleep—I was awoke in the night by the landlady, who inquired if all was right—I was half-asleep, and said yes—the prisoner was then gone—I heard the door shut, which awoke me—I felt my trowsers, and my fob-pocket was cut off jagged as with a knife, and the money gone—I dressed myself and went after the prisoner with a policeman—I found her in New Pye-street, and gave her in charge—I described at the station-house what money I had lost, and nine shillings and a five-shilling piece were found on her, with 18d. more—the door of the room was locked on the inside—no one could have got in or taken it but the prisoner.
SARAH RUSSELL . I am the landlady of the house. The prisoner and prosecutor came and had a room together—she came down about three o'clock in the morning, and asked me to let her out—I asked if her friend knew she was coming out—she said he was awake—I went up stairs and found him asleep—I asked if all was right—he said all was right, and I let her go—he afterwards discovered his loss.
JOHN SCOTT . I am a policeman. The prosecutor applied to me and said he had lost a five-shilling piece and nine shillings—I found the prisoner at a ginger-beer shop, in New Pye-street, about ten minutes past three o'clock, and took her into custody—she said, "I have not robbed him, I have not got his money"—I found this purse on her, containing a
five-shilling piece, nine shillings, and 18d.—I did not find the fob that was cut off, but I found a small piece of it in this knife found on the prisoner—it was thrown away.
Prisoner's Defence. I had the money when I went to the house; I had been with a gentleman at Knightsbridge; the prosecutor was awake when I left, and knew I was going.
NOT GUILTY .
GEORGE WOODS . I am a tailor. The prisoner lodged in the same house with me about four months—he gets his living by working at a laundry, I believe—I missed a pair of ear-rings out of a cupboard, and accused him and his wife of it—he denied it at first, but afterwards said he took them out of the box from distress, and sold them—he was out of work at the time—these are them—(looking at them.)
GUILTY. Aged 26.—Recommended to mercy. — Confined Six Months.
NEW COURT.—Tuesday, September 15th, 1840.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 30.— Confined Six Months.
GEORGE COCKMAN . I am in the service of my father, John Cockman, a grocer, at Uxbridge. On the 5th of September, the prisoner came to the shop—she did not ask for any thing—when she was gone, I was told something, and missed a piece of bacon—I followed, and taxed her with taking it—she hesitated, then took it from under her cloak, and said, "Here it is, I took it in mistake."
Cross-examined by MR. PHILLIPS. Q. Did you not find her coming back? A. No—she was about fifty yards off—I have known her twelve months—she is the wife of a shoemaker in the neighbourhood—she has dealt at our shop.
MATTHEW EWINS . I was in the prosecutor's shop. I saw the prisoner come in—she passed me, and went round at the back of two women—her hand went behind her, and I immediately missed a piece of bacon—she went out—I saw her brought back by Mr. Cockman.
(The prisoner received a good character.)
GUILTY . Aged 47.— Confined One Month.
2240. MARY ANN JEFFERYS was indicted for stealing, on the 6th of August, 1 box, value 2s.; 5 gowns, value 5l.; 3 shifts, value 4s.; 2 petticoats, value 4s.; 4 collars, value 4s.; 4 caps, value 2s.; 1 printed book, value 1s.; 1 brooch, value 7s.; and 3 shawls, value 1s.; the goods of Fanny Budd.
FANNY BUDD . I lodge at the Life Guardsman public-house, at Knightsbridge. On the 6th of August, the prisoner came to my house, and staid till the Thursday following—she slept in the same room with, me—when she was gone, I missed my box, five gowns, three shawls, and the other articles stated—these are them—(examining them.)
Cross-examined by MR. BALLANTINE. Q. Are you single? A. Yes—I have been in a situation, but at that time Mrs. Byers gave me my lodging and food—I had been staying there three weeks, and doing needle-work—there were a good many persons in and out of the house constantly—I did not see the prisoner again till she was at the police-office.
MARY BUCKLEY . I live in King's-road, Gray's-inn-lane. I was staying at the Life Guardsman public-house, about the time stated—I met the prisoner on the stairs with a small box, like the box now produced.
Cross-examined. Q. Is not this public-house next to the barracks? A. it is not far from them.
(The prisoner received a good character.)
GUILTY. Aged 18.—Recommended to mercy. — Confined Three Days.
2241. SOPHIA WELLER was indicted for stealing, on the 21st of July, 1 sheet, value 5s.; 1 bolster, value 8s.: 1 flat-iron, value 1s.; 3 blankets, value 1l.; and 1 table-cloth, value 3s.; the goods of Richard Perkins.
RICHARD PERKINS . I am a cabinet-maker, and live in Old Fish-street. I let a lodging to the prisoner, and a man whom she represented as her husband—I entered the room with the man—after we had been in the room some time, the prisoner came in, 'and asked if her husband had been there—I said, "Yes," and I took her.
Q. Did you not say to the Magistrate that she did? A. The information she gave me respected the duplicates—she told the prosecutor where the articles were pawned in my hearing.
RICHARD PERKINS re-examined. I asked the prisoner about the articles—she hesitated at first, and then told me where some of them were pawned—I cannot recollect whether I told her it would be better for her to tell me.
NOT GUILTY .
2242. SARAH BEDFORD was indicted for stealing, on the 15th of August, 27 yards of linen cloth, value 1l. 1s.; 1 shawl, value 10s.; 1 pair of spectacles, value 6d.; 1 pair of scissors, value 3d.; 2 aprons, value 4d.; and 1 cap border, value 3d.; the goods of George Spurrett: and 1 shawl, value 10s., the goods of Matilda Sparkes; to which she pleaded GUILTY . Aged.— Confined Six Months.
THOMAS WOOD . I am a tanner, and live in Russell-street, Bermondsey, I missed a roll of skins of morocco leather on the 26th of August—these are them—(produced)—here is a mark, which enables me to swear to them—Benson worked for me three years ago.
THOMAS WHITCHELO . I work for Mr. Wood. I finished part of these skins myself, and saw them safely folded up on the 25th of August, about half-past five o'clock in the evening, and next morning they were missed—these are them.
GEORGE KING (police-constable H 111.) I was on duty in White's-row, Spitalfields, on the night of the 25th of August, about twenty minutes past ten o'clock—I saw the two prisoners—Whitnell had this roll of leather on his shoulder—I asked where he was going to take it—he said, to the Curtain-road, and he had brought it from London-bridge—he was going the contrary way, and I took him into custody—Benson walked away rather quickly, but I am certain he is the person who was with Whitnell, and they were together when I spoke to them—I asked Whitnell who that person was, and he said he was a shopmate of his—I took Whitnell to the station-house, and inquired who his master was—he said, "Mr. Hextall, of Thames-street"—Benson was brought to the station-house the next morning, and I ran out and seized him directly—I have not a doubt of him.
Whitnell. I had them of a man in a blue apron, who told me to take them to the Curtain-road.
Benson. This young man met me, and asked me to take a walk with him, but I was not with him when the policeman took him.
WHITNELL— GUILTY . Aged 17.
BENSON— GUILTY . Aged 17.
Confined six months.
JAMES BRISTOW . The prisoner came to me on the 17th of August, to know if I had a horse for sale—I am a baker, but I have been out of employ for some time, and was obliged to commence general dealer in fruit, and such things—the prisoner came for the purpose of buying a pony I had to sell—he wished to see it tried in harness—I put it in harness, and put my cart to it, and drove him to Woburn-mews, as he directed me—he said he had a new set of harness there, and if it fitted the pony he would have it—I took the pony into a stable there—the harness did fit—he then said he would buy the pony, but he wanted a friend to see it, if I would permit him to have it till ten o'clock next morning—as we were coming out of the stable he said, "You have a nice light cart, lighter than mine," (pointing to a cart which stood there,) "and as you cannot make use of one without the other, perhaps you will allow me the use of that as well as the pony till to-morrow morning, and come and take your money for the pony, and then you can take it away"—I did not object to that—he took me to a public-house, and called for a pen and ink—he had a piece of paper, and he wrote on it, "You hereby agree to sell a bay pony for 4l."—I looked
at it—he said, "You put your signature to that, it is only a matter of form, that you should not make an overcharge to-morrow morning when you come for your money"—I innocently did put my signature to it—I lent him the cart till the next morning—the next morning I went to the stable, and also to an office in Marchmont-street, where he said he would transact the business—I could not find him the whole day—I went to Mr. Braham, who gave me information, and I found the prisoner at a public-house in the Frenchman's Island—I did not interrupt him while he was at supper, but when he came out I said, "I suppose you know what brought me here"—he said, "What?"—I said, "I want to know what you have done with my cart?"—"Your cart, fellow?" says he, "I bought it of you, and have sold it"—I had a young man with me, and said to him, "You are witness to that"—the prisoner said, "You may be witness, and do your best and your worst"—after that he came to some sort of terms—he said, "My good fellow, you shan't lose a farthing by me"—I said, "I want none of your farthings, I want my property; you have got my horse and cart, and put it out of my power to maintain my family"—I met him several times afterwards, with a view to get my pony back, and at last gave him into custody—this is the paper he wrote—(producing it)—here is an addition to it now—I will swear these words, "and cart," were not in it when I signed it—I will swear I did not sell him the cart.
Prisoner. I was about buying the pony, you said you would sell the cart—you took me round to a side of the cart that was broken, and said you could recommend me a man who would put a new side in for 11s. Witness. No, I did not—you said, "Do you want to sell the cart?"—I said, "I don't know, it has been a dear cart to me, I gave 3l., for it, and it cost me 12s. to repair it; and now it wants a new side, which will cost me 11s."
PETER HALDAY . I am clerk to Mr. George Richards, of Rathbone-place. The prisoner brought the cart that the prosecutor claims to me on the 20th of August, and had an advance of 25s. on it—he represented it as his own property—I had not known him before.
Prisoner. Q. I believe I told you you was not to sell it for less than 4l. 10s.? A. You did, and my reply was, that whatever amount it fetched I should consider it sold, as we advanced money on property intended for immediate sale.
Prisoner. I put a new side to it, and gave it two coats 'of paint—I agreed with the prosecutor that I would pay him on the Wednesday, as the cart was sold on the Tuesday.
JAMES DYER (police-sergeant E 2.) The prisoner was brought to the station-house, and showed me the paper, which I showed the prosecutor, who said it was not in the state in which he signed it—the words "and cart" were an addition to it.
Prisoner's Defence. I had no intention of any felony; I agreed to pay 2l. 5s. for the cart, and have a witness to prove it. I asked the prosecutor what he would take for the cart, and he said, "2l. 5s." I said, "Bring down the cart and pony, and I will try and buy them of you." He did so, and showed me that one side of the cart was broken in, and said he would tell me of a man who would mend it for 11s. I sent the cart to my wheelwright's the next day, and as the side was decayed, he put two new plates in, and said, "The best job would be to try to sell it." I took it to Mr. Halday, and told him not to sell it for less than 4l. 10s., meaning
to pay the prosecutor 2l. 5s. I had no intention to defraud him of a shilling. He brought two men to me in a public-house, and asked if I could give him any money; I said I had none, if I could get some the next day I would give him some, but he should be paid on the Wednesday. We then came out of the public-house, and came on to Guildford-street, and then one of the men seized hold of me.
CHARLOTTE KIMPTON . I keep the Earl Grey beer-shop, in the Chalk-road. The prisoner and the prosecutor came to have a pint of beer at my place—I heard the prisoner say to the prosecutor, "You want to sell your cart, don't you," he said, "Yes"—the prisoner said, "What do you want for it?"—the prosecutor said "50s."—the prisoner said, "Nonsense, I will give you 2l. 5s."—the prosecutor said, "When will you pay for it?" the prisoner said, "To-morrow night you may come to my office, or have it here"—the prisoner lives in Marchmont-street—I do not know him to live there—both the prosecutor and the prisoner are strangers to me—I never went to the prisoner's house—I do not know that he has an office—this conversation was in our tap-room—there were two or three persons there, but I do not know who they were—I did not hear any thing about a horse—when I served them beer and took the money I went about my business—I was subpoenaed to come here by Mr. Huggard—he is a house agent, I think—he lives in Marchmaont-street—I do not know whether he lives with the prisoner—I called at Mr. Huggard's this morning—I saw Mrs. Huggard—there is "House-agent" over the door—I have known Mr. Huggard about six months—I have nothing to do with him, only he comes to our house, and so do the prisoner and the prosecutor—I do not know how the prisoner gets his living—I called for Mrs. Huggard this morning, and she came with me—I did not see Mr. Huggard—I do not know how he came to call for me—I heard the conversation—I said what I heard—I said Mr. Williams bought the cart, but I did not know whether he paid for it.
JAMES BRISTOW re-examined. I went to the Earl Grey public-house on Wednesday evening, the 19th of August, to know where my property was, but as to what this lady says, it is untrue—I saw the prisoner there at supper—Huggard was in his company, and I asked the prisoner for my cart—he had the cart on Monday, the 17th.
MRS. KIMPTON. This conversation took place on the Monday night.
JAMES BRISTON re-examined. I was not there on the 17th, I never knew of the Earl Grey public-house till I received information from Braham; if it had not been for that I should not have gone—I was at home the whole evening on the 17th—the agreement about the horse took place in a public-house in Little Guildford-street.
RICHARD HUGGARD . I am a news-agent and stationer, and live at Nos. 38 and 58, Marchmont-street. I have lived fourteen months at No. 38—the prisoner has a stable in Woburn-mews, which he lets to Mr. Braham at so much per week—I was going up Gray's Inn-lane, and met the prosecutor with the pony in his cart—I asked how long he had had it—he said, "Three or four months," and he bought it at Barnet-fair—I gave him the prisoner's address, and said if he took the pony there it was probable he might meet with a person who would purchase it—I was not present at the sale of the cart—the prosecutor called at my office two or three times, and made use of very bad language to the prisoner, and I told him to take him out.
JAMES BRISTOW re-examined. I never saw the prisoner in Mr. Huggard's office, he was always denied—Mr. Huggard met me one Friday, and said I had a likely-looking pony, did I want to sell it—I said I had just bought it—I did not say I had had it three or four months—I said I should like to sell it, and he said if I went to Mr. Williams's in Henry-street, I might meet with a customer—I went, and he was not at home, and then he came to me.
JAMES LUETON . I live in Buckingham-row, Pimlico, and am a carpenter and builder. On the night the prisoner was taken I happened to be present at the Red Lion public-house, in Guildford-street—Williams and Bristow were there—they were talking about the cart—I went with them to another public-house to make arrangements—I was asked to do so by the prisoner—I had been doing some work for him, and I expected to be paid that night—I heard the prisoner say to the prosecutor he should be able to pay him the money for his cart on Wednesday, according to their agreement; and after that the prisoner was given in charge for the cart—I believe the prisoner is a painter, but I have not known him above six months—I have known Mr. Huggard six or seven months—I had a house in Mitre-court, Fleet-street, to sell, and Mr. Huggard's father-in-law, Mr. Dudley, said, "I think my son-in-law will buy it,"—I had it about seven years, and sold it to Mr. Huggard.
ANN HUGGARD . I am the wife of Richard Huggard. He is the prisoner's brother by two fathers—the prisoner has had an excellent character—I knew him some years before my marriage—I have been married four years—my husband is a news-agent and a house-agent—he buys a good deal of property—I do not know whether he has a house in the neighbourhood of Fleet-street—he does not tell me every thing.
(John Quick, a map-mounter and print-colourer, gave the prisoner a good character.)
GUILTY . Aged 40.— Transported for Seven Years.
2246. MARY BROWN and SARAH JONES were indicted for stealing, on the 9th of September, 2 bags, value 3d.; 20 sovereigns, 10 half-sovereigns, 1 crown, 3 half-crowns, and 1 shilling; the property of Thomas Henry Collins, from his person;to which they pleaded
GUILTY .— Confined Eight Months.
WILLIAM CRUMP . I am a cheesemonger, in Goswell-road. The prisoner was my errand-boy—he took out things to our customers—if they paid him he was to pay the money to me—if he has received from James Hopkins, of Castle-street, Oxford-street, on the 5th of August, 7s. 2d.; or from Louisa Simons 3s. 3d., on the 13th of August; or 8s. from Charlotte Peeling, he has not paid any of those sums to me—it was his duty to have paid them to me on those days.
Cross-examined by MR. PHILLIPS. Q. How long had he been in your service? A. About eighteen months—he is about fifteen years old—his wages were 8s. a week—he had to feed, and lodge, and clothe himself—he used at times to receive as much as 1l., a day—I have not made a mistake—I have an apprentice, of the name of Hinton—the prisoner used sometimes to account to him.
Cross-examined. Q. Did he sometimes account to you? A. Yes.
Cross-examined. Q. You are rather young to have people accounting to you for money? A. Yes—I never made mistakes in my accounts—I cannot swear that I never made mistakes in my accounts—I did not swear I never did, I said I did not recollect it—we had a customer of the name of Hancock—I cannot swear that she was not applied to for money which she had paid to me, and I forgot to cross it out of the book—it might have taken place, and I forget it.
COURT. Q. You must recollect such a transaction if it occurred; did you make a mistake, and forget to rub it out? A. I might have done it.
NOT GUILTY .
2248. JAMES HARLINGTON was indicted for stealing, on the 22nd of August, 1 saddle, value 12s.; 1 martingale, value 2s.; 1 pair of reins, value 6s.; 2 bridles, value 6s.; 1 pair of harness, value 10s.; and 1 pair of traces, value 7s.; the goods of George Wise.
GEORGE WISE . I am a farmer, and live at Porto Bello farm, Nottinghill. I employed the prisoner to break some colts of mine—on Saturday, the 22nd of August, I missed this property, and made it known, at the station-house—this is the harness—I missed it on the 22nd.
GUILTY . Aged 38.— Confined Four Months.
JULIA PEARSON . I am the wife of Edward Pearson, a broker, in Harrow-road, Paddington. On the 24th of August the prisoner asked the price of a hearth-rug, and desired me to take it home to No. 15, Maida Vale, and said they would pay for it—I went, and found there was no such number—when I returned, a time-piece which I had left safe was gone—I had left my two little girls there—I did not send him for it.
LOUSIA PEARSON . I was left at home, and the time-piece was there—the prisoner came back, and asked me if my mother had taken the time-piece—I said she had not—he asked if I could take it—I sent my little sister with it.
MARY ANN PEARSON . My sister sent me with the time-piece—the prisoner took me as far as the haircutter's, and told me to go back and fetch a wrapper—he had the time-piece—I went back, and saw no more of it—I am sure the prisoner is the man.
Prisoner's Defence. I know nothing about it.
GUILTY . Aged 33.— Transported for Seven Years.
HARRIET FRANCES BATCHELOR . I am single, and live in Quebec-street, New-road. On the 20th of August the prisoner came to my shop, and asked to look at a set of shoe-brushes—I showed him some—he said he wanted larger ones—I showed him two other sets—he looked at them, and said he did not know which the parties would like, if I had any body to send with him to No. 15, in the Grove—a little girl was standing by my side—she said she knew where he said they were to go, and she would go—I gave two sets of brushes to the little girl, and have not seen them since, nor the prisoner, till he was in custody.
SARAH ANN GREEN . I was sent with some brushes—the prisoner was with me—he took me round the New-road, and at the corner he said, "Give me the brushes, I will wait here while you go and fetch the other set"—I gave them to him—he wrapped them up in a blue pocket-handkerchief—when I came back he was gone—I saw him afterwards going up the Harrow-road—I knew him again directly.
Prisoner's Defence. I am quite innocent of it.
GUILTY . Aged 33.— Transported for Seven Years longer.
2251. GEORGE HAMILTON was indicted for feloniously receiving of an evil-disposed person, on the 20th of August, 1 tea box, value 1s.; 441bs. weight of tea, value 9l. 16s.; and 51bs. weight of lead, value 1d.; the goods of Edward Hammet; well knowing them to have been stolen; against the Statute, &c.
EWARD HAMMET . I am a grocer, and live, in Silver-street, Golden-square. I lost a tea box and 441bs. of tea on the 21st of August. In consequence of information I went, on the 22nd, to the prisoner's house, No. 50, Union-street—I there found the remains of the tea box, and some tea of the same description as mine—the remains of the box corresponded with the lid of the box I had at home.
Cross-examined by MR. PHILLIPS. Q. Where is the box? A. These are the remains of it—I had it from Mr. Bennett's—I have bought many boxes of tea of him—these are the boxes sold at the India House—there are thousands of them in London, and pretty much the same size—the top of the box would correspond with any box of the same size—the box was found in this state, but there are marks on the lead inside.
COURT. Q. Were these marks the same that the box you lost had? A. Yes.
MR. PHILLIPS. Q. What is the mark on the lead? A. A Chinese character—there is a Chinese character on every chest that comes—I cannot read it—they have various marks—I cannot swear it is a Chinese chest—we do not know that they come direct from China.
COURT. Q. How many parcels of tea had you in the box? A. One—it was one chest—there were seven parcels of tea in the prisoner's house—to the best of my belief, this is the remains of the box.
GEORGE JOHN RESTIEAUX (police-constable E 49.) I went to the prisoner's house on the 21st of August—he is a marine-store dealer, in Union-street, Middlesex Hospital—I saw him in the shop, and asked him if he had purchased a chest of tea—he said, "No"—I asked if he had one in his possession—he said, "No"—I said I had a warrant to search for one, and, in company with the sergeant, I commenced searching, in the shop I found this bundle of green tea on a table behind the counter,
wrapped up in this handkerchief, and on a shelf I found a canister and this little caddy, with tea in them, which appears the same sort—I went into the cellar, and under some rags I found these pieces of wood, which are some part of a tea chest—I then went up stairs, and in the sitting-room I found this caddy, with two divisions of it nearly full of tea—they all appear to correspond—I went into the bed-room, and between the bed and the mattress I found this parcel of tea, which appears to be the same—I asked how he accounted for it, but I could not catch his answer.
Cross-examined. Q. Do you know whether he is married? A. I do not know—there is a woman living there, about twenty-one years of age—I saw Mrs. Curry there—it is green tea—I am no judge of tea.
ROBERT LESTER (police-sergeant E 10.) I went with Restieaux—I saw this tea found, as he has described, and these three other parcels—they all appear to be the same tea—I heard him asked where he got the tea from when the first parcel was found—he said, "I know nothing about it; it was not here when I went out;"—when I went into the cellar, I found the tea lead in an iron pail, covered over—I said, "What do you say to that, Mr. Hamilton?"—he said, "I bought the lead"—when the pieces of the chest were found, I said, "There is a tea-chest"—he said, "I know nothing about it; I sometimes buy pieces of wood with the bones I purchase"—when I went to the bed-room I questioned him about the parcels I found there—he said, "It is part of 2lbs. I purchased, and am paying for weekly."
Cross-examined. Q. Did he not tell you that when he went out he left the shop in care of Mrs. Curry? A. Yes—he said, "I bought that lead," not "I buy lead"—I believe his answer was, "I bought that lead"—I might have told the Magistrate that he said, "I buy lead"—I do not know that I did—I affected to give to the Magistrate the answer he made me—I believe he said, "I bought that lead"—it might have been, "I buy lead," and if I swore it at the police-office, it was so—I did not mention that he left his shop in care of the woman, because I did not recollect it.
COURT. Q. What is that book which you have? A. We took it to the court, and he was asked to point out the entry of the lead, and he produced this entry in the book—(read)—" 29, George-street. Bought of Ed. King 5. 2 of lead"—these four parcels are the tea he said was part of 2lbs. that he was paying for weekly—I saw it found.
COURT to EDWARD HAMMET. Q. Is that mark on the lead what you know it by? A. Yes, the head of a figure—it is not on all chests—there are chop-marks—it is a Chinese character—they might make a great many marks of the same sort.
Cross-examined. Q. Will you swear that it is not on all? A. There is a character on all—there may be hundreds like this.
(Joseph Burleigh, carpenter, No. 21, Union-street; James Ryland, shoe-maker, No. 14, Union-street;—Dignum, a general dealer; and——Cowland, a smith, gave the prisoner a good character.)
GUILTY . Aged 32.— Transported for Fourteen Years.
(Among the articles found at the prisoner's house, were five letters from convicts soliciting assistance.)
2252. GEORGE HAMILTON was again indicted for feloniously receiving, on the 21st of August, of an evil-disposed person, 301bs. Weight of beef, value 10s., the goods of Elizabeth Jarvis, well knowing the same to be stolen; against the Statute, &c.
RICHARD HAWKINSON . I live with Elizabeth Jams, in Foley-street, Marylebone. On the 21st of August I lost apiece of beef, which I had seen safe between eight and nine o'clock that morning—I took it out of the cart, and placed it on the block—I saw it produced by the officer—I believe it to be Mrs. Jarvis's.
Cross-examined by MR. PHILLIPS. Q. When did you miss it? A. About half-past six o'clock in the evening—this is the bone of the beef—I took the flesh off after I had examined the beef—I swear to the bone, as constituting a part of the meat.
GEORGE JOHN RESTIEAUX . I went to the prisoner's house on the 21st of August—I found a clod and sticking of beef, weighing 30lbs.—it was quite fresh—I asked the prisoner if he knew any thing about it—he said no, it was not there when he went out, it must have been bought by the old woman, pointing to Mrs. Curry—I asked her, in his presence—she said she knew nothing about it—I asked two others that were in the room, they knew nothing about it—his wife was not at home.
NOT GUILTY .
2253. GEORGE HAMILTON was again indicted for feloniously receiving, of a certain evil-disposed person, 2 bottles, value 1s.; and 1 quart of capillaire, value 4s.; the goods of Thomas Masson and another.
HARRY MASSON . I am partner with Thomas Masson. We are confectioners, and live in Great Portland-street. I lost two bottles of capillaire on the 21st of August—I have examined these two bottles of capillaire—I am confident they are mine—my label is on them, and my name.
ROBERT LESTER (police-sergeant E 10.) I found these on a washhand-stand in the prisoner's bed-room—I said, "What do you know of these?"—he said, "I can speak of them when I get to the place," meaning the station.
NOT GUILTY .
2254. JOHN HARRIS was indicted for stealing, on the 14th of August, 1/2lb. weight of butter, value 8d.; 2lbs. 5oz. weight of bacon, value 1s. 8d.; 4 half-crowns, 1 shilling, 1 sixpence, and 2 pence; the property of Edward Frewin.
EDWARD FREWIN . On the 14th of August, about half-past eight o'clock in the morning, the prisoner came to my shop, and ordered me to send butter, bacon, and eggs, to Mrs. Fox, in Guildford-street, and change for a sovereign—I sent them by my boy.
EDWARD SAVAGE . I am in the prosecutor's service. On the 14th of August I went to take some butter, bacon, and eggs, to Mrs. Fox—as I was going along the prisoner met me, and asked whether I was going to the Portland Arms public-house—I said, "Yes"—he said he had made a mistake, he was going to order a larger piece of bacon and some more butter—he asked if I had got the change—I said, "Yes"—he asked me to give him the bacon, and butter, and change for Mrs. Fox, and he gave me this sovereign, which is a counterfeit—I am quite sure he is the person.
Prisoner. Q. Where did I meet you? A. In John-street—I said at the station-house that you were the man.
Prisoner's Defence. When the boy was first at the station-house he was asked I if was the man; he hesitated, and was asked a second time, when
he said he thought I was the man—he was asked if he was sure; he then said he was, he said he knew me by coming to his master's shop.
GUILTY . Aged 53.— Transported for Seven Years.
(There was another indictment against the prisoner.)
OLD COURT.—Wednesday, September 16th, 1840.
Third Jury, before Mr. Sergeant Arabin.
2255. SAMUEL GEORGE FISHER was indicted for feloniously forging and uttering an indorsement upon a bill of exchange, with intent to defraud Messrs. Masterman, Peters, and Co,: also for a larceny; to both of which he pleaded
GUILTY . Aged 18.— Transported for Ten Years.
2256. FREDERICK MILLS was indicted for stealing, on the 19th of August, 1 bag, value 5s.; 1 pistol, value 14s.; 6 shirts, value 1l.: 6 pairs of stockings, value 6s.; 8 cravats, value 8s.; 2 handkerchiefs, value 7s.; 2 jackets, value 10s.; 1 apron, value 2s.; 1 pair of shoes, value 4s.; 3 books, value 3s.; 1 writing-book, value 9d.; and 2 pairs of gloves, value 1s.; the goods of William Peckit: to which he pleaded
GUILTY . Aged 23.— Transported for Seven Years.
GUILTY . Aged 21.— Confined Six Months.
2258. JOHN HILL was indicted for stealing, on the 25th of June, 1 gauge, value 2s.; 1 square, value 2s.; 1 spoke-shave, value 1s.; 1 bevel, value 1s., 6d.; 1 saw, value 2s.; and 2 planes, value 4s.; the goods of Robert Rochett Davis Morrell, his master.
ROBERT ROCHETT DAVIS MORRELL . I am a cabinet-maker. The prisoner was my journeyman—he did not live in the house—I missed the articles stated, from the shop, between the 25th and 29th of June—I discharged him, on the last Saturday night in June, in consequence of a little dispute about what he demanded.
ROBERT WHEATLEY . I am a policeman. The prisoner was given into my custody by the prosecutor on the 4th of September—I found five duplicates on him, one of which is for the plane—I found it at the pawn-broker's next morning.
(Property produced and sworn to.)
Prisoner's Defence. I wanted the plane to make some joints with; master said I might take it, which I did, and I pledged it to redeem other things which a man who worked with me had pawned.
R. R. D. MORRELL re-examined. I never permitted him to pawn my goods; he took them entirely without my knowledge.
GUILTY. Aged 24.—Recommended to mercy. — Confined Two Months.
Before Mr. Baron Rolfe.
2259. GEORGE GHRIMES was indicted for burglariously breaking and entering the dwelling-house of George Finmore, about the hour of two in the night of the 25th of August, with intent to steal, and stealing therein, 10 tame pigeons, price 105., his property.
WILLIAM SHAW . I am a policeman. I was on duty on the 26th of August, and saw the prisoner in Collingwood-street, Bethnal-green, about half-past one o'clock at night—I noticed that he limped, and had only one shoe on—I observed his right hand in his pocket—I came up to him and found he had in that pocket ten live pigeons, and one duck just killed—I asked him where his shoe was—he said it hurt him, and he had taken it off and put it in his pocket, and it must have dropped out—I asked him whose pigeons those were—he said, his brother-in-law's—I first asked what he had in his pocket—he said, "Live stock," and took one out—I asked how many he had got—he said, fourteen or fifteen; that his brother-in-law had bought them, at 18d. each, of a man named Lazarus, in Humbleston-street, Commercial-road, to take to market in the morning—I asked where he was going to take them to—he said, to his brother-in-law's, in Primrose-street—he said, on his way to the station-house, that he had a duck—I took off the shoe he had on—another shoe was afterwards produced which corresponds with this—I have the pigeons here—four of them are young ones taken from the nest.
GEORGE WEBB . I am a sail-maker, and live With George Finmore, at No. 2, Grove-street, Commercial-road. He keeps pigeons—there were fifteen in the loft above the back-room—you get to it by a trap door from the back-room—I counted them on Saturday, the 22nd—they fly up into traps, and cannot get out unless they are opened—we let them out occasionally—I missed twelve on Wednesday, the 26th, soon after seven o'clock in the morning—they were worth 8s.—I examined the loft in consequence of something a neighbour said, and found the roof of the dormer torn off—the bottom of the dormer remained firm—a person could get in there—I was up there on Tuesday morning, it was safe then—I afterwards saw some pigeons in the policeman's custody.
JOHN SHEARER . I am a policeman. On Wednesday, the 26th of August, about one o'clock in the morning, I was in Commercial-road, and heard a cry of "Police," and heard somebody coming up Grove-street, just before—I went down a court in Grove-street, got over the back-wall of Mr. Dale's, a surgeon, and on the roof of Mr. Hobbs, a baker—I saw some tiles off the roof—I saw a woman, when I got over the wall, pick up this shoe off the ground, just by the back-door of Mr. Hobbs's premises, which are three or four doors from Finmore's—I examined the roofs of three or four houses along there, and found the tiles broken all the way along in three or four places, in the direction of Finmore's, but I did not go quite to Finmore's—I could see marks on the roof of Hobbs's house, where they had got up—they had broken the water-shoot—I compared the shoe with the wall, there was mortar and whitewash on the shoe, and mortar and whitewash rubbed off Hobbs's wall—I produced the shoe to Shaw.
(Property produced and sworn to.)
Prisoner. I hope you will consider this is my first offence.
GUILTY. Aged 19.—Recommended to mercy. — Confined Six Months.
Before Mr. Justice Maule.
GUILTY. Aged 41.—Recommended to mercy. — Confined Two Years.
(The prisoner received a good character.)
2261. WILLIAM MUNRO was indicted for unlawfully, maliciously, and feloniously assaulting Mary Ann Langley, on the 24th of August, and cutting and wounding her on her head, with intent to do her some grievous bodily harm.
MARY ANN LANGLEY . I am a widow, and live in Chatham-gardens, Hoxton, with James Burkitt—we live together as man and wife, and have done so between five and six months. On Monday night, the 24th of August, about a quarter-past twelve o'clock, I was going home with Burkitt, and in Plummer-street, City-road, about four doors from Ebenezer-street, I saw the prisoner—I had hold of Burkitt's arm—I was next the wall—I never saw the prisoner before—he ran very violently round the corner up against me—I said, "Can't you mind where you are driving to?"—he then up with his stick, struck me on the head, cut my head, and laid me senseless against the wall—I supported myself with the shutters as well as I could—I saw Burkitt trying to lay hold of the stick, to prevent his striking me, and the stick came across his face—he did not think it had struck me till I called out—when I recovered a little, I saw him and Burkitt struggling—Burkitt was trying to hold him till a policeman came—my head bled very much indeed—somebody loosened the prisoner from Burkitt, but in a few minutes he was in the policeman's arms—I do not know whether he got out of sight—the policeman brought him back, and asked if I gave charge of him—I was led to the station-house between Burkitt and another person—I have been ill a fortnight from the blow—I have not been attended by a doctor—a surgeon dressed my head at the station-house.
Cross-examined by MR. PHILLIPS. Q. What name did you give before the Magistrate? A. Langley, not Langar, that I swear—I did not say before the Magistrate that I was Burkitt's wife—when I went to the station-house I gave my name as Mary Ann Burkitt, but not at the office—I was not asked whether I was his wife at the station-house.
Q. Did not the Magistrate ask you over and over again if you were prepared to swear that, and then you said, "No," but you were living with him as his wife? A. No—I had not been drinking that night, I was quite sober—Burkitt's wife is alive—he has been away from her seventeen years, and she is living with another man—nobody was with me on the night in question but Burkitt—I did not call out "My father, my father!"—I did not take hold of any other person, and accuse him of being the man who struck me—I did not see a lame man with a stick there—I saw him at Worship-street, he was examined there—I did not say he was the man that struck me—Burkitt was sober, as far as I know—I went to fetch him, and he seemed perfectly sober.
COURT. Q. Was there any talk at the police-office about your going by the name of Burkitt? A. I told the clerk I had made a mistake, he put it down in my own name—at the police-station I gave my name as
Mary Ann Burkitt, bat when I got home out of my flurry, I felt it was wrong—I am commonly called Mrs. Burkitt.
JAMES BURKITT . I was walking with the prosecutrix—the prisoner ran against her, and struck her with a stick—I could not see what sort of a stick it was, it was done so momentary—I laid hold of him, and tried to get the stick—I did not notice it, but I had hold of it several times—we wrestled together, and fell on the ground—I was on the ground five or six or seven minutes—he got up and got away from me—a female held my hands, and tried to rescue him from me—he got up—I do not know whether he ran or not, but the moment I got up I ran towards where he went, and found him in the policeman's hands, I should think twenty-eight or twenty-nine yards from where it happened—it was gas-light, I could see the prisoner clearly—I had never seen him before—I did not notice the stick in the struggle.
Cross-examined. Q. Were you sober? A. Yes, quite—I get drunk at times—Mr. Grove said I was drunk when I went before him, but it was the agitation and one thing or other—he would not hear me, and adjourned the Court till Saturday that I might be sober—I had no stick with me that night—I did not go about the crowd like a madman, flourishing a stick over my head—I swear that positively—I had been at the King's Arms public-house, on Holborn-hill, before I met the prosecutrix—I had been there two hours—I had a glass of brandy and water there because I was not well—I was along with an overseer, where I have worked two years, and he called for a glass of brandy and water, and gave it to me—my inside was bad—I took nothing else there—I had a pint of porter afterwards at the Eagle public-house, in Redcross-street—the prosecutrix was with me there—she had half-a-quartern of rum between herself and another female—I had not been to any other public-house that evening—I was quite sober—I was not sober at the police-office certainly—I presented myself as a witness to give an account of the transaction, as far as laid in my power—I was not there when the prosecutrix was sworn—the prosecutrix called the I police—it was not a by-stander—I saw no one near—twenty or thirty persons assembled afterwards—I did not see a little lame man with a stick—the prosecutrix did not catch hold of such a person, and say he was the man to my knowledge—I did not bear her call out, "My father, my father"—my wife is living—we have been parted twelve years—I lived with a female named Evans before I lived with the prosecutrix—she is now in the workhorse—I have not lived with any body else.
COURT. Q. Is your wife living with another man? A. Yes, and has been for the last ten or twelve years.
MICHAEL JAMES FARRELL . I am a policeman. I was on duty on the night of the 24th of August, about half-past twelve o'clock, and heard loud screams of "Murder" and "Police"—I went up—the prisoner came towards me, and wished to give Burkitt in charge for assaulting him—he was very drunk, and very greatly excited too—the prosecutrix came up, and gave him in charge for assaulting her—she was bleeding very much at the side of her head—I took the prisoner to the station-house—he was charged with striking the prosecutrix—he said Burkitt had struck him first—I kept the prisoner at the station-house till next morning—while he was there, this stick was brought to the station-house—I showed it to him at Worship-street, and he said it was his—I have the prosecutrix's
clothes here—they are are soaked in blood—when the prisoner was waiting to be taken before the Magistrate, two of his friends came to him, and asked what he was going to say—he said he was very drunk, and he did not know what he had done last night—they told him to say that he was taking supper, and had rather too much wine, that he met a number of girls in the City-road, there was bustle, and the husband went to strike him, that he went to strike the husband again, and instead of which he struck the prosecutrix.
Cross-examined. Q. This was what two persons advised him to say? A. Yes—he had told me the night before that Burkitt assaulted him, and that he came to put himself under my protection.
GEORGE WILLIAM HENRY . I am a surgeon attending the police. On the night of the 24 h of August, I went to the station-house, and saw the prosecutrix bleeding very profusely from a contused wound on the right side of her head—it was given by a stick or some blunt instrument—I did not apprehend it to be dangerous—it was a severe wound—the skin was broken in several places—I think this projection in the stick caused it—it was done by one blow.
THOMAS BALLASTON . On the 24th of August I was in Plummer-street, and heard a cry of "Police"—I went up, and saw the prosecutrix and Burkitt—they both had hold of the prisoner—I had a black ebony stick with me—there was a bustle and scuffle, and the prisoner got away—the prosecutrix laid hold of me, and said, "You have got the stick, and you did it"—I said, "It was not me, I never struck you, I have only just come up"—she then let go of me—she had some blood on her shoulder—she and Burkitt were both staggering—I thought she was in liquor, but I could not say for certain whether it was with liquor or the blow—Burkitt appeared very much in liquor, much more so than the woman.
Cross-examined. Q. Did not both of them appear to be drunk? A. Both.
MRS. LANGLEY re-examined. I did not see Ballaston that night—I never said, "It was you struck me, you have a stick"—I never saw him that night.
ANN MACKEY . I heard the cry of "Police," and went up—I found Burkitt and the prosecutrix struggling with the prisoner—they held him in a corner—the prisoner stood speechless—the prosecutrix was wounded at the time—the prisoner afterwards said, "My good man, give me my stick, I never touched your wife"—the prosecutrix appeared to be in liquor—I was quite close to her, and she smelt of spirits and porter too—she struggled very much with him, and was down several times.
Cross-examined. Q. You saw Burkitt? A. Yes, with a stick in his hand, he was holding it over the prisoner's head—I am sure of that.
JANE PRATT . I heard a cry of "Police," and saw a struggle—I went up, and saw Burkitt underneath, with his hands fixed round the prisoners, throat, choking him—I unloosed one of his hands, and a person unknown to me caught the other hand, and the prisoner got up—the prosecutrix had hold of his collar, and was kicking him, and laying on his chest—when he got up, he said, "My good man, give me my stick, I have not injured your wife"—the other using a bad expression, said, "I will be master"—the prisoner said, "I am willing to go any where, you have insulted me first."
Cross-examined. Q. Did you smell the prosecutrix's breath? A. Yes
—she smelt of rum very offensively indeed—I was obliged to put my face close to her to get the prisoner loose, and she fell down.
NOT GUILTY .
Before Mr. Baron Rolfe.
2262. WILLIAM BUGLER and JAMES BATHGATE were indicted for stealing, on the 28th of June, at St. Marylebone, 1 300l. Bank-note, the property of Edward Wenman Martin, the master of the said William Bugler, in his dwelling-house.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
EDWARD WENMAN MARTIN . I live at No. 61, Upper Seymour-street, Portman-square, in the parish of St. Marylebone. The prisoner Bugler was my butler and footman in June last, and had been in my service some time—early in this year I had a 300l. Bank-note—my banker's book was enclosed in this paper, sealed up, and I placed the 300l. note in the fold of the paper—I cannot remember when it was—it was probably four or five months from this time—the note was quite concealed from any body but myself—a person lifting the parcel up had an opportunity of seeing the note without breaking the seal—I wrote on the cover the number of the note—it is here in pencil—I put it into a drawer in my bed-room, which is over the back room—I keep waste paper and articles of no value in that drawer—I called it a litter drawer—it was not locked—on the 13th of July I had occasion to look for my banker's book—I had often looked at the parcel, but not opened it, but I had satisfied myself that the note was there about a fortnight or three weeks before the 13th of July—on the 13th of July I opened the parcel, and found the 300l. note was gone—I made a communication to the Bank of England—I had written the letter "M" on the note—this is it—(looking at it)—it corresponds with the number on the envelope, and has my initial "M" on it—Mrs. Martin is in the habit of seeing a great many female acquaintances on Sunday, and did so on the 28th of June—at the time of receiving the ladies it was Bugler's duty to be in the hall or library adjoining from two till six o'clock—his duty was in the lower part of the house—he could have no duty to perform which would require him to go into my bed-room at that time—if my slippers had been in my bed-room, it was the duty of the housemaid to fetch them down, not his—I went out on Sunday, the 28th of June, between two and three o'clock, to take a walk, and was gone between two and three hours.
Cross-examined by MR. BALLANTINE. Q. He had been in your service, I believe, about two years? A. On and off, but he left me for about six months—I have three female servants, no other man—there is no lady's maid—one servant attends to my wife—they would all have access to the bed-room—Bugler slept in the house—Bathgate was never in my employ—the Sunday on which I took a walk was the 28th of June—I have recollected the circumstance, and have no doubt of it—I cannot tell upon what day previously I had gone to the drawer—I think I may say within a fortnight—I might venture to say less—Mrs. Martin was receiving visitors on other days, but on Sunday she receives a great many—the visitors' servants never come into the house, that is the positive order—it is very uncommon at my house for other servants to be in the hall—my servants would lose their places if it was found out—the envelope contained the banker's book, and the note was put under one of
these flaps—I am perfectly certain the note was safe about a fortnight previous to the 28th of June—I had but one male servant—Bugler's business was not confined to the cellar—there was no limit to the work he had to do—I never directed him not to fetch my slippers down—I should have been rather surprised to have seen him in the bed-room—it is part of the duty of the female servants to put the room to rights—I am in the habit of leaving my slippers in the bed-room when I dress—I entertained a good opinion of Bugler's honesty.
JOSEPH SAVAGE . I produce the 300l. note from the'Bank of England—it was paid in on the 30th of June—the name on it is "J. Batten, Newbury, Berks"—I gave 100 sovereigns for it myself, and a ticket for the remainder in notes at another office—that was at the request of the person presenting it—this is the ticket.
JOHN HAWKES . I am a clerk in the Bank. I paid the 200l. authorized to be paid by this ticket—I gave the notes, another clerk entered them—he called them over to me—I saw him enter them, and I am certain his entry was correct—he called them over from the book—there is ten 10l., from No. 87159 to 87168, dated 3rd of April, 1840; twenty 5l. from No. 1306 to 1325, dated 1st of June, 1840. Six of the 10l. and five of the 5l. have been returned to the Bank, and among them, one 10l. note, No. 87160, and one 5l. note, No. 1313, the whole amount to 85l.
SARAH BROWN . I am one of the housemaids in the prosecutor's service. In June last, Bugler was the footman—Bathgate used to come to the house to see him—I came into the service on the 9th of April, the last time, and within about six weeks I saw Bathgate coming to visit Bugler—he used to come two or three times a week—he did not come for two months before Bugler was taken into custody—mistress was in the habit of seeing visitors on Sunday—I recollect the last Sunday in June, (the 28th,) very well—master went out about two o'clock—the other housemaid went out at the same time as master, and the cook was out all the morning—Bugler and I were the only servants in the house—mistress was at home—two or three visitors came in between two and three o'clock—I had occasion to go up stairs to my master's bed-room—it was not particularly in my care—the other housemaid has the care of it as well, but Bugler had nothing to do with it—I went up to make the bed about five minutes after master was gone out—the bed-room is over the back drawing-room—I made the bed and came down—I brought down the slippers, and put them in the library—I went up stairs almost directly afterwards with a jug of water, and saw Bugler coming down on the upper stairs, between the bed-room and drawing-room—he bad no business at all up those stairs at that time—I said, "Where the deuce have you been, Bugler?"—he said, "For the slippers"—I told him I had brought them down—he was in a tremble, I recollect, and when he came down into the dining-room I asked him what was the matter with him, as he appeared very ill—he said he was ill, and asked me to fetch him some spirits, but I did not—he stopped in the dining-room a very short time, and then went down stairs—from the dining-room window I can see the area steps—after he had gone down I was at the dining-room window, and saw Bugler let Bathgate out—up to that time I did not know that Bathgate was in the house—I had not let him in—I saw him come out of the area—Bugler let him out at the area gate with the key—he unlocked it—they spoke to one another before they parted—Bugler came back to me in the dining-room, and said, Jem
(meaning Bathgate) had been again bothering him for some money—on the following Wednesday night, I was ironing in the kitchen, and heard a ring at the bell—I went into the area and found Bugler at the gate, or I should have gone up to answer the gate—Bathgate was outside the gate—they were talking—Bathgate appeared to be tipsy—I went back to the kitchen—Bugler returned to the kitchen in about five minutes, and said, Jem was quite tipsy, and he had come for some money, but he should come again next morning, and that he was going into the country to see his wife—I never saw him again till I saw him in custody.
Cross-examined. Q. Are you sure he said on the second occasion that Jem had come for money? A. Yes, quite certain—I have always been certain of that—I have been examined before—I am quite sure he said Bathgate was going into the country to see his wife—I have always been certain of that—I have been in the prosecutor's service altogether four years—my master does not change servants very often—I have been there now nearly six months—the other servant is not here—the cook has been fourteen months in the service, and the other housemaid four months, but the had lived there before with me—previous to that four months, there was another servant—the one I succeeded was Bugler's wife—the servants receive visitors—we have each permission to receive a visitor on Sunday, any female friend—there were never any visitors besides those we were entitled to have—I am quite certain of that—it was very seldom anybody called except on Sundays, but there have been visitors call on other days—that was not against mistress's orders—she did not object if they did call—she has seen them on week days, and has not objected.
JOHN GARDNER . I am a stable-keeper, and live in Ely-mews, Ely-place, Holborn. I have known Bathgate since 1822—I saw him in June last at my place—I cannot tell about what time in the month it was—it must have been, I think, the latter end—he came to me, and said he should want me in the course of two or three days—I asked what for—he told me he wanted me to take a note to the Bank of England, to get change for a 300l. Bank-note—I asked him whether it was a just, honest note—he said yes, it was—nothing was said about where it was—two or three days afterwards he came to the stable, and showed me a 300l. note—he asked me whether I would go and get it changed—he said nothing as to where he got it—I Was before the Magistrate about this—(looking at his deposition)—I cannot read without my glasses—he did not say any thing when he brought it, or before he brought it, as to where it came from, or was to come from.
Q. Did he say any thing about a drawer? A. He said there was a drawer up stairs, where there was a 800l. note—that was three or four days before I saw the note—it was not the first time he came to me, I believe it was the second—it was before he brought it—he said it was to be got at, that he could take and get it in five or ten minutes' notice—he came and showed me the 300l. note three or four days afterwards—when he brought it he said he wanted me to get change for it at the Bank of England—I told him no, I would have nothing to do with it, I had been in town thirty-two years—he said, "You are an old fool, and will never do yourself any good"—he went away—in an hour and a half I saw him again—he brought a bit of a note for me to take to a man in Barbican, to get the change of a 10l. note, where he had bought a Macintosh coat—I went to the house, and saw the man there, and gave him the note—he looked at me, and sent a boy with me with the change, instead of giving it to me—the boy did not give
Bathgate the change in my presence—I found Bathgate in the mews, and called him out of the stable, but did not see the boy speak to him—I did not see the boy go away—after that Bathgate asked me how I was getting on—I said, very poorly, and things were very bad with me; and he gave me a 5l. note, and 2s. for going with the note—he went up stairs at my place—I had a box there, which I gave him, as he said he wanted a box—I did not see him take it away, or put any thing into it—I then went a public-house, and when I returned Bathgate was gone, and the box also—this is the box—(produced)—I kept the 5l. note about a week, and changed it at Spiller's—I think I saw him write my name on it—I have changed notes there before—(looking at No. 1313)—I see "Gardner, Ely-mews," written on this, and "4—7—40, J. H. S."—no doubt that is what Spiller wrote when I paid him the note—I have no doubt this is the note I paid him—I never knew Mr. Martin, nor where he lived—I never heard the name of Mr. Martin mentioned in any conversation I had with Bathgate—(looking at his deposition)—Bathgate told me he could get the note by a person who cleaned boots and shoes outside the door, but he never had access to the house—he never mentioned Mr. Martin's name—I never knew Mr. Martin's name till after I was taken to Hatton-garden.
Cross-examined. Q. Then it is not true that Bathgate told you he had got the note from the man who used to clean Mr. Martin's clothes, and carry his boots to his room? A. No, he never said so, he never told me that—I will be on my oath that he never said so—he never told me where he got the note—he said he could get it at five or ten minutes' notice—Mr. Martin's name was never used in my hearing—I read what was pointed out to me in my deposition—it is true—Bathgate did not tell me the note came from a man who cleaned Mr. Martin's boots and shoes—he told me it could be got at—that it laid in a book in a drawer—I think my deposition was read over to me, I have no doubt it was—I see Mr. Martin's name mentioned in it as being stated by me at the police-office—what I stated at the police-office was true, but I did not know Mr. Martin's name till I heard it mentioned at the office.
Q. I should like to know what you are? A. I see after horses, and take horses in—the man in Barbican did not know me, to my knowledge—I have lived in Ely-mews going on for five years—I have known Bathgate eighteen years—I never heard of Bugler—I have been intimate with Bathgate many years—I do not know where he lived—I never knew any thing of his circumstances—I do not know what he is.
Q. Did you think he was a sort of man likely to have 300l.? A. I do not know any thing about him—I knew nothing about where he got it, but he told me it was an honest note—I could not tell whether his circumstances enabled him to possess such a note—he had had very good services—he might have it honestly—I could not tell where it came from—I had never been to his house—I know he lived at Collingwood Hall, in North-umberland, in 1822, as groom—I never knew a groom save 300l.
Q. When he said it was in a book in a drawer, I suppose you thought it was drawer in his own house? A. I could not tell—I did not think any thing about it—I did not know where it was—I did not think it a good job getting the 5l. note, I thought I deserved it—he has been a friend to me, and I have been a friend to him—I thought that was the reason he gave it me—he said it was for old friendship sake—I did not think it odd—I have met with several such friends—I never got a 5l. note for being asked to change a 300l. note.
SAMUEL HART . I am a tailor and clothier, and live at No. 3, Barbican. Bathgate came to my shop for a Macintosh about ten weeks back, or near eleven weeks—it was about a quarter to twelve o'clock—he gave me a 10. note—I gave it to Israel Cohen, who is in my service, to go to the Bank to get change—after I had sent him I told Bathgate that I had sent him to the Bank—he then seemed to be in a hurry to get to a conveyance in Holborn—he said he was going to Holborn, he must get there by twelve o'clock, there was a conveyance left there three times a week, and he wanted to send two parcels into the country—he went away without the change, saying he would call again in the afternoon for it—he did not call, but in about an hour after Gardner came, and produced a written order—I sent Cohen with him with the change.
ISRAEL COHEN . I was sent by my master with the 10l. note to the Bank—this is the note—I wrote on it, "Israel Cohen"—when I returned with the change I remember Gardner coming in—master sent me with him to Ely-place—I saw Bathgate there, and gave him the change—this it the note(No. 87160.)
WILLIAM PENNY . I am inspector of the G division of police—I was called to Mr. Martin's house on the 14th of August, and in consequence of information which I had received I desired them to bring Bugler into the library, in the presence of Mr. Martin and the two housemaids—I told him there had been a 300l. note stolen, and I had traced the party who had stolen it, and that the party was in the habit of coming to see him at Mr. Martin's house—he seemed very much confused, and said he was innocent, and knew nothing about it—I took him into custody, and searched him, but found nothing relating to the robbery—on Sunday, the 16th of August, I went to Four Oaks, near Birmingham, to a house in which Bathgate lived with his family—I found him there, and apprehended him on the stairs—I told him I wanted him for a 300l. note stolen from Mr. Martin's house, 61, Upper Seymour-street, Portman-square—he said he did not steal it, nor change it, nor did he know who did steal it, but he would tell roe who he got it from—he mentioned to me the name of the person from whom he said he had got it—he said he was to have 20l. for changing the note, that the person owed him some money, and was to make him a present of 20l.; that he got very drunk, and lost 50l., and he took the person back 230l., the remainder—I searched his house, and found the trunk I have produced, also a watch and some Irish cloth—he said he had bought the Irish cloth in London a few days before he left, and took his watch out of pawn in London previous to going into Warwickshire—I brought him to London, and as I was taking him from the House of Correction to Marylebone office, he told me he would take me to the spot where the money was, if the Magistrate would make a witness of him, but he did not want to be discharged till he took me to the spot where the money was hid, or he would write to his wife, or she should come up on Saturday with the money—I told him I could make no promise, I should acquaint the solicitor of it, and likewise the Magistrate, which I did, and I was sent down to his house last Sunday, the 12th of September—he had told me about this on Wednesday, the 7th, after he had been examined three times—when I got down to the place I found his wife there, and watched her—I observed her go into the garden, and saw her in the hen-house scratching the earth just about the hen-house—I went to her. and stooped, and she was lifting this
tin case out of the hole—I took possession of it—it contains one hundred sovereigns and eleven 5l. notes—it was about two feet under the ground—the notes are Nos. 1315 to 1325, inclusive, dated 1st June, 1840.
BUGLER— GUILTY . Aged 36.
BATHGATE— GUILTY . Aged 39.
Transported for Ten Years.
Fourth Jury, before Mr. Recorder.
2262. JOHN BEALE was indicted for burglariously breaking and entering the dwelling-house of George Owen Ramsay, on the 18th of August, at St. Pancras, about four in the night, with intent to steal, and stealing therein, 11 printed books, value 1l. 14s.; 1 strap, value 6d.; and 1 shoe-lift, value 6d.; his goods.—2nd COUNT, stating them to be the goods of Alfred William Young; to which he pleaded
GUILTY . Aged 23.— Confined Twelve Months.
GUILTY . Aged 14.— Transported for Seven Years.—Park hurst.
2264. MARY BARBROOK was indicted for stealing, on the 1st of September, 22 towels, value 18s.; 5 aprons, value 2s.; 3 handkerchief value 3s.; 7 caps, value 4s.; 1 comforter, value 1s.; 1 pair of stockings, value 1s.; 2 cloths, value 3s.; 1 petticoat, value 2s.; 1 napkin, value 2d.; and 2 yards of printed cotton, value 6d.; the goods of Sophia Carden, her mistress; to which she pleaded
GUILTY . Aged 30.— Confined Twelve Months.
2265. HENRY TINSLEY was indicted for burglariously breaking and entering the counting-house of Philip Hooker, on the 26th of August, at St. Dunstan Stebonheath, alias Stepney, and stealing therein, 1 cashbox, value 5d.; 1 pair of scales, value 1s. 6d.; 1 box, value 6d.; 1 knife, value 2s.; 2 tool-boxes, value 1s. 6d.; 2 planes, value 2s.; 2 saws, value 1s.; 5 files, value 6d.; I anvil, value 6d.; 1 square, value 6d.; and 1 account-book, value 6s.; his goods.
WILLIAM FEARNE . I am a policeman. On the 26th of August, about half-past twelve o'clock at night, I saw the prisoner in Lant-fields, Bethnal-green, turning out of Dog-row into Northampton-street—he crossed the fields—he made a stop when he got under the railway arch, and then went on to Three Colt-lane, and into Abingdon-street—he then turned back again, and I stopped him, and asked what he had got—he said, "A box"—I asked what box, he said, "A cash-box"—one was a tin box, and two wooden boxes—I asked where he got it—he said "From a public-house, but could not tell me the name or sign—he said some man left them for him to fetch, and the man was gone into the country—he said he was going to take them to No. 32, Three Colt-lane—the boxes contained tools—there is no No. 32 in Three Colt-lane—I found a key, a pair of scales, a knife, and a book on him—he said he had had them three months.
Cross-examined by MR. PAYNE. Q. How far was he from Raven-row? A. About half-a-mile—I asked what was in them—he said he did not know—they were not open—I looked into them—the prosecutor's house is in the parish of Stepney.
articles in the counting-house, on the evening of the 26th, at nine o'clock—the yard is enclosed with gates—they were locked up at half-past ten o'clock, and the counting-house was locked at nine o'clock—next morning I found the counting-house door forced open, and the desk also, and I missed these things, and the cash-box and a broken key that had been left outside the desk, and the other articles in it—I hare seen the prisoner about the premises about five years ago.
Cross-examined. Q. Were you the last person on the premises? A. The last person in the counting-house—I took the key away with me—it is in the hamlet of Mile-end Old-town—we pay taxes for the hamlet, and not for St. Dunstan's, Stepney—he must have got over the gate or unlocked the area gate—the counting-house door had been forced open with this axe, which I found lying outside the counting-house desk.
(Rose Price, wife of a fishmonger in Portsmouth-street, Lincoln's Innfields; and James Thorogood, farmer, Ware, Herts; gave the prisoner a good character.)
GUILTY . Aged 20.— Transported for Ten Years.
2266. HENRY TINSLEY was again indicted for stealing, on the 25th of August, 561bs. weight of rope, value 10s.; 7 screw-taps, value 6s.; 2 dies, value 1s.; 1 knife, value 1s.; 3 rollers, value 6d.; and 1 basket, value 1s.; the goods of John Ridge: 1 jacket, value 1s., the goods of George Clark: and 1 pair of browsers, value 3d., the goods of William Taylor.
WILLIAM FEARNE . I am a policeman. I was on duty in Lants's-fields on Wednesday morning, the 25th of August, about half-past five o'clock—I went under the railway-arch, and saw these things lying there—I saw what there was—I went out again, thinking some one had placed them there, to see if I could find another constable, to help me take them to the station-house—I went through several other arches, when I came back, I found the prisoner—he had undone the things, and was unpacking these taps and dies—I said, "Halloo, what are you up to?"—he said, "I only came in to ease myself"—he said he was going to work at the West India Docks—I let him go as he gave a pretty good account of himself, but I took notice of him—I afterwards took from him a flannel jacket in the prison—this is it—he had it on at the time I first saw him.
Prisoner. This jacket I bought in Whitechapel for 1s.
GEORGE CLARK . I live at Stratford, and work for Mr. John Ridge—this flannel jacket is mine—I know the other things, they belong to Mr. John Ridge—they were missed on the 26th—I had left my jacket in the engine-house—they were all taken together—the engine-house was locked up—we found the side-door open—they were safe at twelve o'clock the day before—at half-past four o'clock they were gone.
WILLIAM TAYLOR . I am watchman to Mr. J. Ridge. On the 25th of August I left the premises at nine o'clock, the engine-house was locked up—the articles produced were then safe—I saw them at seven o'clock—I saw the prisoner lying about that field a fortnight or ten days before—he worked about a day and a half, I think, on that spot, the latter part of that time, along with a man named Hill, for Mr. Ridge.
Prisoner. Q. Did you see me there the night the things were lost? A. I saw you there that forenoon, and you got a man's book, went to a public-house, and set him up a score of 15d. there.
GUILTY . Aged 20.
2267. TIMOTHY SHEEHAN was indicted for unlawfully, maliciously, and feloniously assaulting Robert Hood, on the 22nd of August, and stabbing and wounding him in and upon his left arm, with intent to kill and murder him.—2nd COUNT, stating his intent to be to maim and disable him.—3rd COUNT, to do him some grievous bodily harm.
ROBERT HOOD . I am fifteen years old on the 29th of this month, and am in the service of my uncle, Mr. Robert Martin, a lithographer, of No. 26, Long-acre—I know the prisoner—he had been in my uncle's service, and had left about a fortnight I believe before this happened, but I am not certain. On Saturday, the 22nd of August, be came to the premises—I had let a person out of the shop—when I let him out, the prisoner rushed into the shop from the street—there is a little counting-house in the shop—I went in there, thinking he might have something to say to me—I thought he wanted to speak to me—he followed me into the counting-house, and made a blow at my head with this basket-maker's bodkin—(produced)—he struck at me with the pointed end—it was thrust down at me—the pointed end was towards me—I put up my left arm to defend my head—he struck me three times, and wounded me with the pointed end—it took effect on my arm in three places—he called me a b—heretic—I did not understand what he meant by that, but I believe he is a Catholic—I called out, "Murder," and some men came down to my assistance—as they were coming down, the prisoner went into the street—I followed—I did not see him secured, I was in the shop at the time—I saw him just after he had been secured in the street—I bled a good deal—I got my wounds dressed at a surgeon's—I had not had any quarrel or dispute with the prisoner—on the morning before, he met me in Seven-dials, and said he wanted to have two minutes' conversation with me, but I did not stop to speak to him, because Mr. Martin had told me if I met him in the street I was not to speak to him—I had not been concerned in any way in his being dismissed—I never had a quarrel with him to my recollection in my life—my uncle told me not to speak to him, because he was such a man he would be very likely to ask me to get him back again.
MICHAEL CARROLL . I work for Mr. Martin—I shall be fifteen years old next November. On Saturday, the 22nd of August, I was at work at a side shop—I heard the alarm of murder, ran in, and saw the prisoner with this dagger in his hand, using it it in this way—(stabbing)—this is the instrument—I ran up stairs for assistance, and when I came down, the prisoner was going out into the street, and he was concealing the instrument up under the sleeve of his coat.
SAMUEL MOYNIHAN . I live in Little Wild-street—I am an apprentice to Mr. Martin. Carroll called out my name, and said, "Come down, for God's sake, here is Pat murdering Robert"—I came down as quick as I could—when I got into the street, Robert said, "Oh, for God's sake, protect me, here is that Tim trying to murder me," or "been murdering me," one of the two—Robert was bleeding from the arm—I saw the blood through his shirt—the prisoner had got an instrument like this concealed behind his arm—I could just see it as he stood—he had it in his hand, when I came out, and when I looked at it, he put it up his sleeve—I went for a policeman, but when I returned, he was already in custody.
wanted to borrow an iron to make a hole through his basket-bottom—I showed him one first—he did not like that, and I showed him this one—he said that would do—I gave it to him, and he went away with it—I saw no more of him till he was in custody—I told him to bring it back within five minutes, because it was not my own, but one of my shopmates'—he said he would bring it back in five minutes—I know this to be the instrument—half an inch has been broken off the point, and it has been ground down again in our fashion; it was not sent to the grinder's, which makes it very stumpy—the point is very thick, and it ought to be very sharp.
JOSEPH OSTELL . I am a constable of the parish of St. Martin. On the 22nd of August I saw a crowd in Long-acre—I took the prisoner into custody—he was walking away from Mr. Martin's towards the eastward—a person in the crowd said it was a pity he should be allowed to go away, as he had been murdering the boy—we had a little tussle together at first—he had his hands in his pocket—I took them out, thinking he might have some instrument there—he then said to me, "I know you very well, and will go quietly along with you; I have done very wrong, I am free to confess it; I meant for three days to murder him, and thank God I have not killed him"—he said he had deprived him of his bread—I cautioned him against making use of such words, and asked if he had not been drinking—he denied that he had, and repeated the same words again six or seven times—it was about nine o'clock in the morning—I received this instrument from some person at the station-house—the prisoner said when he saw it, "Ah, that is it."
Cross-examined by MR. PHILLIPS. Q. Was it on his repeating the same thing over and over again, that you asked if he had been drinking? A. It was on his repeating it the second time—he seemed in a great state of excitement, so much so, I thought he was in liquor—there was no smell of liquor about him.
LIONEL JOHN BEALE . I am a surgeon, and live in Long-acre. On Saturday, the 22nd of August, Hood was brought to me about nine, o'clock in the morning—I examined his left arm, and found three punctured wounds, about half an inch deep—they were such wounds as the instrument produced would make—I do not think they will at all impair the action of the arm—they were healed within ten days or a fortnight—I believe he can use his arm as well as before.
Cross-examined. Q. All danger is quite at an end I should hope? A. Quite so—there was no danger from the actual wounds—he might with the same instrument have killed the boy.
(James King, salesman, Covent-garden market; Owen Curley, boat-maker; Mrs. Taylor, wife of a wine-cooper; Jeremiah M'Carthy, labourer; and Horace Foley, labourer, deposed to the prisoner's peaceable and quiet character.)
GUILTY on the 2nd Count. Aged 49.— Transported for Fifteen Years.
2268. JOHN WILLIAMS was indicted for stealing, on the 11th of September, at Christchurch, 1 box, value 5s.; 2 account-books, value 1s.; 6 sovereigns, 10 half-sovereigns, 2 crowns, 39 half-crowns, 192 shillings, and 81 sixpences, the property of William Brown, in his dwelling-house.
CHARLES DEACON . I am shopman to William Brown, a cheesemonger in South-street, Spitalfields. On the 11th of September, at half-past eleven o'clock in the morning, I noticed the counting-house door open,
and the prisoner standing in the counting-house, which is at the end of the shop—he walked out—I missed the cash-box, and pursued him—he turned short round, ran a few yards, and dropped the box from under his jacket—I pursued and caught him, and took him to the station-house—the cash-box contained 28l. in gold and silver.
Prisoner. Q. Did you see me come out with the cash-box? A. Yes—I saw it drop from under your jacket—I saw you with it before you got out—there was a wagon standing in the street—when I charged you with stealing it, you were nearly across the street—when I took you, you were on the same side of the way as our house—you asked what you had done—you were making your escape as fast as you could before you were taken with it—you ran a few yards, then dropped it, and got behind the wagon—I did not pick it up.
JOHN ALFRED EDWARDS . I am in the employ of Mr. Gregory, in Needsby-court, Fashion-street. I heard something fall on the pavement, near a wagon—it sounded like a box—I found it was a box—I took it up—I afterwards saw the prisoner in the custody of Deacon, about twenty yards off—the cash-box was locked.
Prisoner. Q. Where was it? A. On the foot-path, near the wagon, by the side of the horses—I did not see you drop it—I cannot say whether I was nearer to you than Deacon—I was in a shop, and came out and took it up—I met the prosecutor himself on the pavement, and gave it to him—I did not see you.
WILLIAM BROWN . I am a cheesemonger in South-street, Spitalfields. I had seen my cash-box about eleven o'clock in the counting-house, on the table—it was locked, and contained 28l. in gold and silver—the counting-house door leading to the street is kept shut, and was not open when I left ten minutes before—I found it wide open afterwards, and heard that the cash-box was gone—I saw Deacon secure the prisoner about twenty yards from the shop—Edwards brought me the cash-box—it contained 28l., and some account-books—I took the money out before I went before the Magistrate, but I found the 28l. in it when I opened it—my house is in the parish of Christchurch, Spitalfields.
Prisoner. Q. Where was I when he took me? A. About twenty yards from the shop, on the same side of the way—the money was produced before the Magistrates.
Prisoner's Defence. Is it likely I should go and steal a cash-box, and go right opposite his house, and drop it, and then walk to the other side of the way? When the man took me, and accused me of it, I said, "What did you say?" and went with him instantly. I had been to Smithfield, and was coming home, and as I passed the prosecutor's another man came by. I beard a man halloo something; I went across the wagon, and when I got further this gentleman seized hold of me, and said, "You have taken master's cash-box, you must come with me." I went to the station-house; the money was never produced before the Magistrate.
GUILTY . Aged 22.— Transported for Ten Years.
2269. CHARLES MITCHELL was indicted for stealing, on the 15th of August, 1 watch, value 16l.; 1 neck-chain, value 10l.; 1 watch-chain, value 1l. 10s.; 1 watch-key, value 5s.; and 1 locket, value 1l., the goods of Mary Ann Ivers, in her dwelling-house.
MR. CHAMBERS conducted the Prosecution.
15th of August, I had a lodger named Miss Thompson—I came home that Saturday night after one o'clock—I had a watch and two chains—one chain hung round my neck—the other chain was attached to it, and a key, and a locket—I took the chain off my neck and laid the watch on the table in the parlour, and went to sleep on the sofa in the same room—I awoke before three o'clock, and then went to bed, forgetting that the watch was on the table—next morning, about eight o'clock, I missed the watch, and chain, and other articles—in consequence of suspicion, I discharged Julia Murphy, my servant.
Cross-examined by MR. BALLANTINE. Q. I understood you to call yourself Mrs. Ivers, are you married? A. I am not—I never have been—I call myself Miss Ivers—I keep the house, and have two lodgers sometimes—they are not always women of the town—I have had a respectable lodger there about two years ago, a gentleman—he was not a friend of a female lodger—he remained there for some months—he was a foreign gentleman, and his name was Mr. Stone—he paid me his rent—Miss Wilson and Miss Thompson were my lodgers at that time—Miss Thompson is living there still—she is not here, that I see—I have no reason to believe that she is—I went home after one o'clock—I had not been to the theatre—I had been out walking—I had gone out after nine o'clock—I had been walking part of the time, and standing talking to a lady friend, and part of the time takine a glass of wine, one glass or more, probably two—I had not taken enough to do me harm—I had been down Regent-street—I do not know the name of the wine vaults—they were on the right-hand side—I went in there about ten o'clock—I remained there a quarter of an hour with a lady friend, no one else—I did not converse with any one else—I asked for the wine, I forget what wine it was—it was not a bottle—I asked for a glass of wine—the landlord might have spoken to me, no one else—I laid down on the sofa because I was fatigued—I seldom visit wine vaults.
MR. CHAMBERS. Q. Are you quite certain you put the watch and chain on the table? A. I am—I did not lose it before I got home—I was perfectly sober when I went home.
MARTIN WHITE . I am an old soldier, and lodge at the Blue Anchor, in York-street, Westminster—I am a pensioner at Chelsea Hospital—on Saturday night, the 29th of August, I was at the corner of Tothill-street, and saw four young men in company—the prisoner was one of them—I heard one say, "What have you made?"—the prisoner said, "I have made this here," (drawing a watch out of his trowsers pocket,) the other remarked, "A very good day's work"—in consequence of that I followed them about a hundred yards, saw a constable and told him of it—we followed them through the churchyard, and sent another to cut off their retreat—they were all secured and taken to the station-house—I attended at the police-office on Monday, and saw Julia Murphy there.
Cross-examined. Q. What time of night was this? A. About five minutes to twelve o'clock—they were all sober apparently—I have seen one of the other young men since—they all appeared respectable.
ABRAHAM WRIGHT . I am a constable. I assisted in taking the four men in custody—I searched the prisoner, and found this watch, two chains, and a key—I did not find any locket—I asked him if it was his watch—he said it was—I asked where he got it, he said he won it at a raffle—I asked where—he refused to tell roe, or the party who put it up to be raffled for—I asked if the chain was his, he said, no, he had borrowed it
—I asked who of—he refused to tell, and said he would satisfy the Magistrate—I asked his own name—he gave his own name and address correctly, "51, Marsham-street, Westminster"—he was not locked up, as his name and address was correct—he came to the police-office at Queen-square, on Monday, to claim the watch—Murphy was there, she saw it in my hand, and said it was her mistress's watch—I then secured the prisoner and took him before the Magistrate, and as soon as she saw him, she identified him as having been at her mistress's house—he was among other persons—she immediately tapped me on the shoulder, pointed him out, and said "That is the man there"—I believe what he said before the Magistrate was not taken down, but I will not swear it.
Cross-examined. Q. In addition to finding his name and address right, did you find him to be the son of a respectable tradesman? A. The sonin-law of a respectable tradesman—I inquired the address of one of his companions, and found it was respectable—it was at the same house as the prisoner lived at—the other was Bowling-street—they were working at respectable places.
JULIA MURPHY . On 15th of August, I was living as servant to Miss Ivers—Miss Thompson lodged there, and came home about half-past eleven at night, with a person—the prisoner is the person, I am certain—I had seen him there once before—on the Saturday night I saw him in her room—I was three or four minutes in the room with him and Miss Thompson, and had an opportunity of looking at him—I was there when my mistress came home—the prisoner had not left the house then—I am quite sure he did not go out till half-past one o'clock—I did not let him out, but I did not lie down before half-past one, and he could not have gone out before that without my knowledge—in the course of the night, I was called up by a policeman, who said the street door was open—I did not tell my mistress of that—next morning I heard of the watch being stolen, and was sent away—on the Saturday night, a week after, I was taken up on suspicion, and was discharged—I was afterwards at the Police-office on the 31st, about a friend of mine who was taken up for being drunk—I saw one policeman showing the watch to another—I immediately said, "That is my mistress's watch"—(produced)—this is it, and the chain I am sure is mistress's—I asked the policeman if there was not a small chain to it, and found there was—I was afterwards taken into the office, where there were several people standing, and the instant I saw the prisoner, I recognized him as having visited Miss Thompson—I am quite sure of him.
Cross-examined. Q. How many servants were there at this house? A. Only me, two lodgers and my mistress—I let my mistress in, and saw her go into her own room—I did not see her on the sofa—I sit up at night if any body is out—there are not a great many visitors at the house—I had lived there eight years—Miss Thompson had been there about three months—the prisoner came there about half-past eleven o'clock at night—I let him in—they immediately went up to their room—I cannot tell how often I have let people in with Miss Thompson, not very frequently—there was another young woman there besides her, of the same description—I did not let visitors in to her frequently—I should know some of those persons again.
COURT. Q. In coming out of the house, must persons pass through the parlour? A. There is only one door—the parlour-door is not left open—the parlour-door was open when the street-door was found open—it was about half-past two o'clock.
NOT GUILTY .
NEW COURT.—Wednesday, September 16th, 1840.
Sixth Jury, before Mr. Common Sergeant.
2270. HENRY DANN was indicted for stealing, on the 11th of September, 21bs. weight of sugar, value 1s. 6d.; 1 printed book, value 6d.; 1 cannister, value 9d.; 1/2lb. weight of soap, value 3d.; and 1 handkerchief, value 9d.; the goods of George Lloyd, his master; to which he pleaded
GUILTY . Aged.— Confined Four Months.
MR. CHAMBERS conducted the Prosecution.
WILLIAM FOWLER . I am a porter, in the employ of Messrs. Neville and others. The prisoner was one of their porters—it was his duty to bring a box of dust from the back kitchen, and carry it through the lower warehouse, about nine o'clock in the morning—I received information, and on the morning of the 26th of August I went into the upper warehouse, where I could watch what was going on without being seen—about half-past eight o'clock I saw the prisoner come through the warehouse with the dust-box, and come back to about the middle of the warehouse—he there opened a drawer, and took out a white paper parcel, then opened another drawer, and took out another white paper parcel—he then opened a third drawer, and took out a parcel in a blueish paper—he took the box and the parcels, went through the warehouse, and out of the door—I informed my master.
EDWARD MEDGET . I am one of the firm of John Benjamin Neville and others—I reside on their premises, in Maiden-lane, in the parish of St. John Zachary. In consequence of information from Fowler I went up to the prisoner's bed-room—(he slept on the premises)—I found him there, and charged him with having stolen three dozen of stockings—he denied it—another porter was then in the room—I desired him to leave, and I then told the prisoner it was no use his denying it, as I had a witness who saw him do it—he then said, if I would go down stairs, he would give them to me—I went with him to the back kitchen—he there put his hand into a box containing waste paper, took out two parcels, and gave them to me—one was in a white paper, and the other in a blueish paper—he said, "There they are sir"—I sent for an officer—these are the parcels—I can identify them by the marks on the wrappers—they contain silk stockings.
Cross-examined by MR. JONES. Q. How long had be been in your service? A. About two years—he had a good character, and I was very much surprised that he should commit such an act.
found another parcel in the waste-paper box—I gave it to one of the gentlemen.
GUILTY . Aged 21.— Confined Nine Months.
GEORGE STEVENS . I live at Vincent-terrace, Vauxhall Bridge-road. I left home on the 29th of August to go out in my employ as an omnibus driver—I left my brush on the drawers—I came back about ten o'clock at night, and it was gone.
Cross-examined by MR. BALLANTINE. Q. Are you sure you saw that brush in the morning? A. Yes—I have no particular remembrance of that morning, only I brush my clothes every morning.
COURT. Q. Can you tell when you lost the brush? A. I cannot exactly—I leave the brush on the drawers—I had used it one morning and saw it at the police-office the next morning.
SARAH SHEPHERD . I am the wife of David Shepherd—the prosecutor lodges with us. On Saturday afternoon, the 29th of August, I saw the prisoner in Stevens's room, with a towel and a pair of boots in his hand—I asked what business he had there—he asked if a person named Clark lived there—I said, "No, but I know that towel"—he tried to get by me but I called the officer, who took him, and found the brush on him.
Cross-examined. Q. Have you ever had the brush locked up? A. I cannot say—I have at times kept it in a drawer—it is mine, I am certain.
GUILTY . Aged 21.— Confined Six Months.
2273. JAMES DAVEY was indicted for stealing, on the 23rd of August, 4 pairs of stockings, value 1l. 5 quires of paper, value 2s. 6d.; 2 1/2 yards of linen cloth, value 4s.; 2 candles, value 1s.; 1 necklace value 1l.; 2 shirts, value 10s.; 1 pair of braces, value 1s.; and 1 vinagerette, value 13s.; the goods of Mary Ann Proctor, his mistress.
MART ANN PROCTOR . I live in Pall-mall East—the prisoner was in my service. In consequence of information I sent for an officer—the stockings, the paper, and other things produced, I believe to be mine.
ANGELINA HOOK . I am in the prosecutrix's service. On the night of the 23rd of August I saw the prisoner bring a bundle under his arm down into the kitchen—an officer was sent for, the bundle was searched, and contained this breast-pin.
JAMES BEAZELEY (police-constable A 67.) I was sent for—I searched the prisoner's box in his presence, and found these two pieces of linen, a black silk handkerchief, two mould candles, five quires of paper, and a gold pin in his bundle—some other things were found at a boarding-school at Ealing, with a woman who had been cohabiting with the prisoner, by her own confession—when I found the property in the prisoner's box he said it was not his mistress's, but after I found the pin he acknowledged to the whole—he said to the prosecutrix, "It is your property, ma'am; I hope you will forgive me."
Prisoner. Q. Did not my mistress say, "James, you have got another
situation to go to; if you will say the stockings are mine, I will not give you in charge?" A. She did make that observation.
MARY ANN PROCTOR re-examined. I have no mark on any of these stockings, but my housemaid had them down stairs to wash, and they were taken wet out of the wash-tub—this paper was left in my house—I have lost some linen cloth, and to the best of my belief this is it, but there is no mark on it—these two shirts belonged to gentlemen who had been lodging in my house—one has the gentleman's name written on it in full, and the other has the initials—these were found with the woman who cohabited with the prisoner.
NOT GUILTY .
CARL FROMEL . I am valet to Mr. William Hunt, who lodged for five months at Mrs. Procter's, No. 6, Pall-mall East—it is a boarding-house, where respectable gentlemen lodge—this is my breast-pin, I lost it from my drawer.
Prisoner. I picked the pin up, leading from my bed-room stairs to the kitchen—it was inquired for in the morning, and I did not like to say I had picked it up—I intended to put it near the door where I picked it up.
GUILTY . Aged 29.— Confined One Year.
GUILTY.—Recommended to mercy. — Confined Four Months.
ANN SWAINE . I am a laundress, and live in James-street, Liverpool-road, Islington. The prisoner was employed to carry home linen, and if the parties paid him he was to bring me the money the same day—he has not paid me the sums stated in the indictment.
Prisoner. The prosecutrix said she would take it by instalments of 5s. a week, and I said I could not do it.
GUILTY . Aged 20.— Confined Three Months.
JAMES PEARCE . I am a stone-mason in the employ of Mr. Robert Warton, who has a house on Stepney-causeway. I have compared this lead with the lead on that house, and it matches exactly—it is seven or right months since I had seen the house.
WILLIAM WADHAM . I am an officer. On the 25th of August the prisoner and some other boys passed my house with something heavy on their shoulders—I took the prisoner, who had got this lead, and he threw it down—the lead appears to have been cut some time.
Prisoner's Defence. I went by the railway, and found the lead.
NOT GUILTY .
JOHN GOULD . I live with my father, John George Gould, at Knightsbridge. At a quarter before two o'clock, on the 4th of September, I saw the prisoner and another close to the step of my father's door—the other one came inside and took this piece of woollen cloth from inside the door—he went out with it to Wilton-place, and there he saw the prisoner, who took it of him—the prisoner was in sight of our shop when the cloth was taken, and could have seen if any one bad come to disturb the other—the officer caught him—it is my father's.
Prisoner's Defence. I was in a public-house; a man came in and said he was going to buy a pair of trowsers; be went into the shop, brought this out, and asked me to carry it; he said, "Come on, or we shall be too late;" I then saw the witness running, and the man made off.
GUILTY .** Aged 18.— Transported for Seven Years.
GUILTY.—Recommended to mercy. — Confined Seven Days.
WILLIAM OLIVER , I am a sailor. On the 31st of August I was in Vinegar-lane, and met the prisoner, who asked me to treat her—I took her into a public-house and changed a sovereign—I had then 1l. 16s. in my pocket, a sovereign in my right-hand pocket, and my half-crowns and other silver in my left—I went to the prisoner's house—my money was then safe—I laid down and went to sleep—a shipmate called me, and told me I was robbed—he called a policeman to get me out of the house, as it was dark and I did not know where I was—I found I had lost my sovereign out of one pocket, and my 16s. from the other—there was no one in the room with me—I went to bed, but I had my clothes on—I was rather tipsy.
JANE POTTER . I am an unfortunate girl. I remember the prosecutor coming to No. 14, Vinegar-lane, where the prisoner lives—he came with her—he was very drunk indeed—I saw the prisoner take from his pockets one sovereign, and 16s. in silver—she then came out of the room, and put it away—I asked her what she was going to do with it—she said it was her own, and turned me out of the house—I met a shipmate and told him.
Cross-examined by MR. PHILLIPS. Q. How long have you been on
the town? A. Five months—I saw the prisoner put the money into her pocket.
COURT. Q. What o'clock was this? A. About half-past eight o'clock in the evening—I told the shipmate about half-past one o'clock in the morning—I knew he was the prosecutor's shipmate, as he was there with him in the afternoon.
ROBERT ROCHE (police-constable K 211.) I called at the prisoner's house between two and three o'clock in the morning—the prisoner opened the door when I knocked—I said, "Nash, what about this man's money?"—she said, "I know nothing about it"—I said, "There is a person outside who saw you do it"—"Oh, gracious," said she, and put her hand into her pocket, took out 13s. and 2 1/2 d. in copper—she said, "I can't give you the sovereign, but I will make it up with some Spanish dollars, and the ring on my finger "—the prosecutor said be would leave it in the hands of the police—I had not told the prisoner about the sovereign.
Cross-examined. Q. Do you say you did not tell her that she was accused of stealing a sovereign and some silver? A. No—I took her to the station-house—she was searched by a female, but nothing found on her.
GUILTY.* Aged 33.— Confined Nine Months.
JOSEPH CHURCH . I was in Great Titchfield-street, near the prosecutrix's shop, and saw the prisoner come out with this roll of sheeting under his arm—a lady called, "Stop thief"—I pursued the prisoner, and in Riding-house-lane he chucked the sheeting at me—I took it up, and pursued, and took him.
Prisoner. She said she saw me give it to another person? Witness. No; I said another gave him a handkerchief which he put over it.
Prisoner. A man asked me to carry it, and told me to make haste with it.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Four Months.
SARAH PRESTON . I live in Exmouth-street. I was going over Tower-hill on an errand, on the 2nd of September—the prisoner came behind me, and took my shawl off—I turned and looked at him—the policeman, who was standing at the corner, ran and took him in a passage, and found the shawl—this is it.
Prisoner. Q. You did not see me take it from your shoulder? No; but I turned, and saw it in your hand.
seven o'clock, I received information, and went after the prisoner—I found this shawl under his coat, under his left arm, within three minutes after the prosecutrix lost it.
GUILTY . Aged 28.— Confined One Year.
WILLIAM PARKER . I am a bricklayer's labourer—I had seen the prisoner about a week before this happened. On the 29th of August I went into a public-house, and went into the back-yard to sleep—the prisoner came in about half-an-hour afterwards—I had 2s. in a purse, and 6 3/4 d. in my left-hand coat-pocket—the prisoner was not there when I went to sleep—I lost my money, but the purse was left by my side—on Sunday evening I met the prisoner, and spoke to him about it—he said he had taken 9 3/4 d.—I gave him in charge.
JAMES COOMBER . I live in Leader-street, Chelsea. I was in the stable with the prosecutor that night—in about half an hour afterwards the prisoner came in—he thought we were asleep, and I heard him feeling the prosecutor's pockets, and heard the money—I accused him of having the money—he said he wanted to go down, and shut the door in my face—I ran down, and told the watchman, who said he did not want, for he gave him his supper over night.
Prisoner. This witness went with me, and he said, "Let us wait till he gets to sleep, and see if he has got any money—we got 9 3/4 d., and he had part of it. Witness. No, I had none of it, I did not say so.
Prisoner's Defence. The witness was with me; we took this money, and then we came back, and found 5 1/2 d. more; we tossed for that, and he won it.
GUILTY.* Aged 17.— Transported for Ten Years.—Convict Ship.
(There was another indictment against the prisoner.)
JAMES BARNES . I am shopman to William Darby, an oilman, in Queen's-buildings, Brompton. The prisoner came on the 5th of September for a quarter of a pound of soap and a quarter of a pound of soda—after she had paid for them, I observed her take a piece of soap from the box, and place it under her arm—she was walking out, I took hold of her and accused her of it—she denied it—I lifted her arm up, and it dropped from her.
(The prisoner received a good character.)
GUILTY. Aged 30.—Recommended to mercy. — Confined One Month.
CHARLOTTE WILMORE . I am the wife of James Wilmore, of Chapman-street, Westminster. I let the prisoner a furnished apartment—she was in company with Mr. Knight, who is not her husband—I missed from that room a counterpane, a blanket, and a pillow, on the 30th of August—these are them.
Prisoner. I pawned them to get some trimmings to finish my work, a would have got them out again.
GUILTY . Aged 40.— Confined Three Months.
2286. JAMES POOLE was indicted for stealing, on the 1st of August, 4 traces, value 1l.; 2 cigar-boxes, value 1s. 6d.; 30 cigars, value 1s.; 1 snuff-box, value 6d.; 1 hone, value 1s.: and 24 hatbands, value 1l.; the goods of Robert William Morgan.
ROBERT WILLIAM MORGAN . I am an omnibus proprietor. On the 17th of August I left my office in Portman-place, these articles were then safe—I had seen them the evening before, except the traces, which had been locked in a cupboard—they might have been gone for a day or two—I missed them on the morning of the 18th—the panel of the door leading to the office was entirely out—the street-door had not been disturbed—I cannot tell how they had got in—the traces produced are mine, and this is my cigar-box.
Cross-examined by MR. CLARKSON. I suppose there is no mark on the box? A. No; but it had been generally in my use—this harness being of a different make from that I use, it was laid aside—I can only speak to its appearance—I have seen the prisoner about the neighbourhood as an omnibus driver—I have known him about three years.
ANN READING . I am a widow, and live in Earl-street, Lisson-grove. The prisoner lodged there for five weeks, and lodged one week in the room in which he was taken by the officer—I saw some harness in the cupboard in that room.
Cross-examined. Q. You cannot speak to these things? A. No—his room door was never locked—a man came to sleep with him one night in the same week in which he was taken.
GEORGE HEMMINGTON (police-sergeant D 9.) I went to the prisoner's lodging on Monday morning, the 24th of August—I found him in bed, and under the bed I found these traces in this handkerchief—I found this box on the top of a cupboard in the room—I asked the prisoner about them—he said, "Never mind."
NOT GUILTY .
GUILTY . Aged 29.— Confined Three Months.
GUILTY . Aged 16.— Confined Three Months.
on the 2nd of September, about six o'clock—I was bathing—I had left my clothes on the bank, and when I came out of the water my boots were gone—I know nothing of the prisoner, but I found the boots on his feet on the 4th of September, and gave him into custody—I know the boots by two cracks on the upper leather of one of them.
GEORGE HEATH . I was bathing in the Serpentine, on the 2nd of September where the prisoner was—I saw the prisoner near the spot where the clothes were—I did not see him do any thing, but he went away in a minute.
Prisoner's Defence. I bought them, and did not know they were stolen.
GUILTY . Aged 25.— Transported for Seven Years.
WILLIAM URRY . I am a baker, and live in Bowling-street, Westminster—the prisoner was in my service. On the 31st of August, about seven o'clock in the evening, I asked if he had any thing in his pocket—he said he had not—he then said he had a bit of flour, and took a bag from his pocket with flour in it—I wanted to look into his other pocket, and he took a bag of flour from that—I took him to the station-house, and on the way some female took his hat off, and I saw some flour in it—this flour is similar to mine—I cannot swear to it.
Cross-examined by MR. PHILLIPS. Q. Is it usual to allow workmen any flour? A. No, not unless it is mentioned at the time—this flour is worth about 1s. 5d.
GUILTY . Aged 32.— Confined Three Months.
2291. MARIA CLARKE was indicted for stealing, on the 1st of September, 1 handkerchief, value 1s., 1 sovereign, and 3 half sovereigns, the property of Louis Thomas: and JOHN WILSON , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
LOUIS THOMAS . I am a baker and cook on board the Thomas Grenville, in the East India Docks. On the night of the 1st of September I met Clarke—I went with her to a public-house, and then went home with her—I had a sovereign, four half-sovereigns, and a handkerchief—I lent one half-sovereign to a man—I then had three half-sovereigns and one sovereign left—the money and handkerchief were in my jacket pocket—I was in the room up stairs with Clarke—the prisoner Wilson called me down—he asked what country I belonged to—I said, "Madras"—he kept me talking for about five minutes—I left my jacket on the bed up stairs, and the money and handkerchief in the pocket of it—I went up and the handkerchief and money were gone, and Clarke also—I came down and saw her throw the handkerchief to Wilson, who put it under his feet—I seized Clarke's hand, bit it, opened it, and saw a half-sovereign in her hand—I saw the handkerchief and a sovereign under Wilson's feet—this is my handkerchief, and the one which Clarke threw to Wilson.
Clarke. He came down stairs because I would not stay with him all night for 1s. 6d.; the money fell out of the handkerchief, and because I would not give him the 1s. 6d. back he threatened to stab me with a knife.
Witness. I did not; I had no knife.
Wilson. I did not call you down; I spoke to you before you went up. Witness. No, you called me down.
THOMAS HOULT . I was with the prosecutor when Clarke met him—he bad a sovereign and four half-sovereigns, and he lent me half a sovereign—he wrapped up the rest, and put it into his pocket—Clarke was in the room at the time—I was not there when Wilson called him down—I was up stairs with another girl—the prosecutor then called me down—I saw him scuffling with Wilson, and trying to get his handkerchief and sovereign from him, which he did.
GEORGE METCALF (police-constable H 123.) I was sent for to this house, which is in Wentworth-street—I saw a sovereign, a half-sovereign, and this handkerchief on the table—the prosecutor charged them with robbing him of a sovereign and three half-sovereigns—I made a diligent search both up stairs and down, but could not find the other two half-sovereigns.
(Clarke put in a written defence stating that the prosecution was instituted against her from revenge, because she refused to remain all night with the prosecutor; and that she had not robbed him.)
CLARKE— GUILTY . Aged 30.
WILSON— GUILTY . Aged 32.
Transported for Seven Years.
MARTHA BURN . I am the wife of James Burn; we live in Bluegate-fields. On the 2nd of September, about six o'clock in the evening, the prisoner came to lodge there—he sent the girl out on an errand, and then the other man who was with him wanted to wash himself—I went up stairs to show him the soap and water, and when I returned to the room I saw the prisoner had his hand in my tea-caddy, in which I had two sixpences and two penny pieces—I was frightened, and let the prisoner go to bed—I then went to the caddy, and the two sixpences were gone—I sent for a policeman.
Prisoner. The money I had was my own. I had 8s. Why did not you speak to me when you saw me take it? A. I did not see what you had taken till you slid the two sixpences into the purse in your other hand—I had put them into the caddy after tea—I had nobody there but myself—it was about half-past seven o'clock—you had not been in bed above a quarter of an hour when I got the officer.
WILLIAM LEE (police-constable K 268.) I was called in—I went to the prisoner, and told him he was charged with stealing two sixpences—he said he knew nothing about it—I asked what he had got—he said, "Two half-crowns, one sixpence, and 4 1/2 d. in copper"—I asked the prosecutrix if she could swear to the sixpences—she said no, but one was a new one—I found two half-crowns, one sixpence, and 4 1/2 d. in a purse in one of the prisoner's pockets, and in another pocket two sixpences and some halfpence—one of the sixpences was a new one—I asked how he accounted for these sixpences, he said he sent the little girl out with
half crown, and she brought it him—I sent for the girl, and she said he gave her first a shilling, and then a sixpence.
Prisoner's Defence. I had three half-crowns, one shilling, one sixpence, and three or four pence in copper; I sent the little girl for a quart of beer, and gave her a shilling; she brought me a sixpence; the sixpence that was in the purse with the half-crown I never took out; I then sent a half-crown for my supper, and I got another sixpence out of that.
MARTHA BURN re-examined. I saw him turn from the table, and put the two sixpences into his purse—there was nothing sent out for after that—the girl brought him change for a sixpence—she brought no sixpence.
JURY. Q. When did you put the money into the caddy? A. While he was drinking the beer—there was not a soul in the room to take them but him.
GUILTY . Aged 35.— Confined Four Months.
JOHN THOMAS COX . I keep a bookseller's shop. I went out on the 27th of August about two o'clock, and returned about five—a book was missing from outside my window—the police inspector brought it me the next day—this is it—(looking at one.)
WILLIAM PENNY . I am a police inspector. I met the prisoner in Ray-street, Clerkenwell, on the 27th of August, about five o'clock in the evening—he was close buttoned up—I took him, and found this book on him.
Prisoner. I was in Petticoat-lane, and bought this book.
GUILTY . Aged 30.— Confined Three Months.
2294. JOSEPH MARSH was indicted for stealing, on the 18th of August, 9 feet of gutter, value 4s.; 8 feet of pipe, value 3s.; 2 brackets, value 6d.; 2 soldering irons, value 1s.; 1 hammer, value 1s.; and 6 patterns, value 1s.; the goods of Charles Jack, his master.
MR. ESPINASSE conducted the Prosecution.
THOMAS JACK . I am a retired officer of the Artillery—I know the prisoner. On the 18th of August he requested me to let him have three lengths of two and a half inch pipe, and one length of four inch gutter, to fix for his landlord—I gave him permission to take that quantity—on the 27th he came to me, and gave me in the account, that he had fixed twenty-one feet of pipe, and five feet of gutter—it was my son's pipe—his name is Charles Jack—the prisoner is his servant—I discovered that he had not booked the whole quantity.
Cross-examined by MR. PHILLIPS. Q. Was it from you he bought these articles? A. No—he requested me to let him have them to fix for his landlord—I did not see him take them away—he took them himself—he is the foreman—I superintend the business for my son in his absence—what I authorized the prisoner to take would come to 8s. or 9s.
WILLIAM PRITCHARD . I am in the employ of the prosecutor. On Tuesday, the 18th of August, the prisoner asked me to go with him to his landlord's house, at No. 8, Gower-place, where he said he had a job, to put up some gutters and pipes—I saw him take from my master's ware-house four lengths of pipe, and two lengths of gutter—he took nothing else then—I saw him take the elbow in the morning—I did not see him take any thing else that day—after he had put these pipes and gutters up,
he told me, if Mr. Jack should ask me about it, to say he had three lengths of pipe, and 1 length of gutter.
CHARLES JACK . I am the prosecutor. The prisoner's wages were 37s. a week—on the 20th of August I made a deduction of 9s. 6d. from his wages for twenty-one feet of pipe and five feet of gutter, that was three lengths of pipe and one length of gutter—on the 31st of August I charged him with having robbed me—I went with him to Gower-place, and pointed out the pipe and gutter, that there was more than he had given me an account of—he said, "This is the first time I have robbed you, Sir, and you have found me out; do it as quietly as you can"—I went to his room, where I found two soldering-irons, a hammer, and some paterns, which I believe to be mine.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Six Months.
2295. JOHN LEESON was indicted for stealing, on the 22nd of August, 12 cups, value 1s. 6d.; 12 saucers, value 1s. 6d.; and 8 egg-cups, value 1s.; the goods of John Kenworthy and others; to which he pleaded
GUILTY . Aged 17.— Confined Nine Months.
GUILTY. Aged 12.—Recommended to mercy. — Confined Six Days, and Whipped.
GUILTY . Aged 13.— Judgment Respited.
GUILTY.* Aged 24.— Confined One Year.
GUILTY . Aged 30.— Confined Nine Months.
2300. JAMES BEAN and SARAH JONES were indicted for stealing, on the 31st of August, 1 purse, value 1s.; 1 half-sovereign, 6 half-crowns, 4 shillings, and 1 sixpence, the property of Ernst Zonsius, from his person.
ERNST ZONSIUS . On Monday night, the 31st of August, about twelve o'clock, I met the prisoner Jones on the City-road bridge—she said she had travelled some distance, and was fatigued and thirsty,—she asked me to treat her with a pint of beer, and said that in the first turning to the left over the bridge there was a public-house, and asked if I would go there—I said I had no objection, but I would not go out of my road—finding there was no public-house, I did not go down the turning a great distance, but told her I would give her a penny—I had my purse in my right-hand browsers pocket—there was a half-sovereign, six half-crowns four shillings, and a sixpence in it—I was looking for the penny, when she put her hand into my pocket and took out my purse with its contents—I am quite sure she
is the person—she attempted to get away, but I turned and secured her—Bean came running up immediately, and struck me three times in my face and once behind my ear—Jones dropped the purse against the post, and told Bean to pick it up—he did so, and put it into his right-hand trowsers or coat pocket—he made a second attempt to strike me, but I had a carpet bag which prevented the blow—I saw five or six other men near the foot of the bridge—Bean went to them, and they surrounded me—I heard these men whistle, and one of them tore my coat from the skirt up to the collar, to set Jones at liberty, but they could not release her—I did not lose sight of her—I was knocked down several times, and dropped my paper parcel and my hat, but I recovered them again, and ran up to Jones to secure her, and not to lose sight of her—I gave her into the hands of the police, and described Bean, who was taken next morning.
Cross-examined by MR. PHILLIPS. Q. Had you ever seen this girl before? A. No—I cannot take my oath that there were not other women about, but there were none near her—I kept hold of her till the policeman came up—I touched her on the shoulder—I did not lose sight of her—I occasionally lost hold of her during the scuffle, and got hold of her again—I had not hold of her when the policeman came up—I touched her shoulder, and secured her, that she could not run away—I had hold of her when the policeman came up.
COURT. Q. Had you hold of her to seize her, or only your hand on her? A. I laid hold of her first, and the men surrounded me—I was knocked down—I got up again, ran after her, and secured her again—I was surrounded again, and in that scuffle I got my coat torn—when the police-man came up I stood by her.
MR. PHILLIPS. Q. Had you hold of her so that she could not run away, when the policeman came up? A. Yes.
Cross-examined by MR. DOANE. Q. Was not this at the end of a dark passage? A. No; it was very near a gas light—I objected to turn down—I stopped opposite a street, it was not a great distance from the bridge—I should say it was a dozen yards—it was at the foot of the bridge that the six or seven men were—Bean came from among five or six others, and struck me—Jones made an attempt to run towards these men—a police-man came up after the woman was in custody—when the policeman came up Bean was then among the crowd—the policeman asked me if I could point out the man, but I was so excited by being knocked down, that I could not identify him, my attention was more particularly directed to Jones—I have no doubt about Bean being the man.
GEORGE BARRY (police-constable N 210.) I came up from the wharf bridge to the City-road—I met two men and Jones—I asked where they were going in such a hurry—they said, down the road to fight—I said they should not—I then saw the prosecutor running after Jones, and several men after him—I cannot say whether Bean was one—I laid hold of one of the men—the prosecutor said Jones had robbed him—I let go of the man and took her—the prosecutor said he could identify two men in the crowd who knocked him down—another policeman came up to me, I told him to go to the men—I took Jones to the station-house—the prosecutor described Bean, and about half-past two o'clock I saw him with his back against the Windsor Castle public-house—I taxed him with it—he said he knew nothing about it—I took him—he had two sovereigns, a half-sovereign, a half-crown, and 1s. and 1 1/1 d.—I went to the prosecutor's house—he identified him as the man who had struck him.
Cross-examined by MR. PHILLIPS. Q. You met the woman and two men? A. Yes; they were walking very fast—after that the prosecutor came up and told me the woman had robbed him—she went on—I laid hold of a man first—I then took Jones, and the men went on—no one had hold of Jones when I took her, I am sure of that.
Cross-examined by MR. DOANE. Q. You saw the two men? A. One man I could not see, for he was under the wall; the other man I stopped, then Jones and the other man went on—the prosecutor said it was the woman, and I took her—I saw that Bean was in the crowd.
NOT GUILTY .
DANIEL MURPHY . I am a licensed hawker, living in King-street, Blackfriars-road. I know the prisoner by sight—I found him at the King's Head public-house, on the 4th of September—I had some thimbles for sale which were tied up—the prisoner cautioned me, and told me to be careful of them, as he thought I was not in good company—I went away and missed my thimbles—I sent for a policeman, and he found these thimbles—I cannot swear to them, there are so many alike—there were eight lost, and seven found—I believe they are mine—I was not drunk—I believed the prisoner to be very upright and honest—I put them into his hand for inspection.
Prisoner's Defence.—The prosecutor put some thimbles into my hand, and said, "Take these"—whether he meant me to keep them or not, I cannot say, but I did not go out of the house for two hours. I pawned them and told him where.
(The prisoner received a good character.)
GUILTY . Aged 57.— Confined One Month.
Fifth Jury, before Mr. Sergeant Arabin.
JOHN BIVAND (police-constable K 117.) On the 10th of September I was in Ratcliffe-highway. I saw the prisoner and another man going along, appearing to quarrel—the prisoner had something—I asked what he had got, he said, "Beer"—I pulled his coat on one side, and took a keg of wine from under his waistcoat—I took them, and then went to the London-dock, and found a ship called the Florence, and there I found a cask of Madeira wine with two new spiles in it, and the place was wet—I took a sample from that cask, and it tallied with that in the keg—I found on the prisoner a gimlet.
THOMAS CLARK . I am mate on board the Florence. The prisoner was a sailor on board that vessel, which was in the London Docks—we had all Madeira wine on board—it could be got at down one of the hatchways—I believe this cask was not spied before—when the officer came I saw two small spiles in it—that cask was marked "B, No. 6," in a diamond—it appeared to
have been spiled, and wine drawn out not long before—I was not present when it was guaged—this is a sample of it from the cask—I did not taste it—it is the property of Mr. Charles Bullen Davis.
THOMAS TAYLOR . I am guager of the London Dock Company. My attention was called to that cask—I guaged it, in conjunction with a revenue officer—its contents were 52.47, making a deficiency of three gallons from the original contents—I saw the spile-holes—I have tasted the wine—I believe it is the same wine as that found on the prisoner.
Prisoner's Defence. We arrived at two o'clock, went on shore, and got rather groggy. As to the wine, I did not take any thing on shore with me. I had two shillings when I went on shore.
GUILTY. Aged 33.—Recommended to mercy. — Confined Three Month.
GEORGE SHAW . I am a shoemaker, and live in John-street, Edgeware-road, in the parish of St. Marylebone—it is my dwelling-house. The prisoner was in my service, to work in the shop by me at ladies' shoemaking—he lived out of the house. On the 13th of August one of my watches was on a mantel-shelf, and one on a little recess within a yard of the other—the prisoner did not come to work till about eleven o'clock, though I was full of work—I complained about his being so late—he said he did not get up till ten o'clock, he was not in bed till four o'clock—he went on with work for about an hour—he got up and asked if I would lend him 6d.—he said he was going to dinner, and he thought a little walk would do him good—I said those boots that he was repairing most go in that evening—I saw him go away—he said he would not be long, h would be back presently—I went to see what time it was, and looked at both watches—it was seven minutes after twelve o'clock—I sat down, and was called to dinner, and it was then seven minutes after one—I remarked the circumstance to my wife—I went to work again, and looked again at the watches—it was a quarter to three—soon after that the prisoner came in, and sat down—a customer came in, and at that time I saw the prisoner get up, and go across the parlour, towards where the watches were—I concluded he was going to look at the watches, as he often did—he then came out with a little cup in his hand, and his coat held together—I asked my wife where he was gone, she said he asked her for the cup to get a little milk—after that I missed the watches—no other person could have taken them but him—they have not been found—the two were worth 5l.; and the two guard-chains 2l.
JAMES BASS . I am a cab-man. I know the prisoner by sight—I saw him on Tuesday evening, the 13th of August, in a public-house—I told him I heard the police were after him, for taking two watches from his master—he laughed, but made no answer—when we came out he said he wanted to dispose of the duplicates of the two watches—he said he had pawned them, but he did not say where.
Prisoner. It is false, I did not say so. Witness. Yes, you did.
JOHN BARKER . I am a shoemaker. I was with James Bass, and saw the prisoner at the corner of the New-road—when he was told of this he made a laugh at it, and then said they were in pawn for 1l. 14s.—I said the best thing he could do would be to give up the duplicates, I would
take them back to Mr. Shaw, and he might try if he would forgive him, or let him work it out.
ELIZABETH SHAW . The prisoner asked me for a mug to go out for some milk, and when he was gone I went to see what time it was, and the watches were gone—they had been safe at a quarter before three o'clock.
Prisoner's Defence. An entrance may be made at the back-door; I know nothing about the watches.
GUILTY . Aged 21.— Transported for Ten Years.
MART PLATTS . I am the wife of Joseph Platts—I live in Peter-street, Westminster. I let a room to the prisoner—she was in there a fortnight and two days, and left on the 19th of August—she went away without giving notice—she had never paid any rent—I went into her room on the 20th, and missed the bolster, blanket, and candlestick—these are them.
Prisoner. The candlestick is mine—it was bought and paid for by my husband, and the bolster and blanket, my landlord knew of my pawning.
Prisoner. Q. Can you prove that you know that candlestick? A. Yes, and I can bring the person who left it for arrears of rent.
GEORGE CARTER (police-constable B 151.) I was called to take the prisoner, and in going to the station-house, she said she had given the duplicates to the prosecutor's daughter—I went to the pawnbroker's, and found the property.
(The prisoner pleaded distress, and received a good character.)
GUILTY . Aged 36.— Confined Three Months.
2305. JEREMIAH DRISCOLL was indicted for stealing, on the 3rd of September, 2 sheets of copper, value 8s., the goods of William Crawford and others.—Three other COUNTS, stating them to belong to different persons.
JOHN SUTTON . I am an officer of the East and West India Docks. About three o'clock in the afternoon of the 3rd of September, in consequence of information, I watched the prisoner, and saw him go out—I followed, and came up with him, and asked him how he came to be there, and how he had left his work—he had been working on board the Earl Belcara the day before, which had taken 3800 sheets of copper on board—I said I suspected he had something about him—he made me a saucy reply, and ran away—I ran and took him as he was going through a public-house, and found two sheets of copper inside the flap of his breeches, and a leather belt round him to keep it up—I produce it.
Cross-examined by MR. PHILLIPS. Q. How long have you known the prisoner? A. Some years—he has been twenty years working in the docks—I saw no other man—he was employed by a master lumper, about the place, not by the Company—I will not swear I have not known him fifteen years.
WILLIAM HOUGH . I am warehouseman to Messrs. Simms, Williams, and Co., of the Steel-yard. This copper has my mark on it—I am sure this is part of the property I delivered to Phillips' lighter, to go on board the Earl Belcara—Messrs. William Crawford, Colvin, and Co., Old Broad-street, are the owners of the ship, John Vaux is master.
JOHN PHILLIPS . I am a master lighterman. The day before this copper was found, I had employed the prisoner to take in the ship's cargo—this copper was part of the cargo—I paid the prisoner the night before he was taken—he had no right on board the ship that day—I have known him twenty years, and believe he was honest and industrious—I often employed him.
GUILTY.* Aged 37.—Recommended to mercy by the Jury.
Transported for Seven Years.
WILLIAM BOOKER . I am a linen-draper, living in Middlesex-terrace, Hackney-road. On the 1st of September, about half-past three o'clock, I went out, and left two pieces of calico at the shop-door—I returned in about three hours—one piece was then missing—this is it.
JAMES HENRY CRUMP . I live opposite. About three o'clock, on the 1st of September, I saw Galloway take this calico out of the chair at the prosecutor's door, and put it into Maxwell's lap, who was sitting on the steps next door—he covered it over with his apron, and they walked away—I pursued, and was going to lay hold of Galloway, when he turned, and went towards Shoreditch church—I took Maxwell with the calico.
GEORGE REED . I was talking to Crump—I saw him run over the road, and make a grasp at the prisoners, but he did not catch Galloway, he ran towards Shoreditch church—I pursued and took him, about 200 yards from the prosecutor's.
Maxwell's Defence. My fellow-prisoner asked me to hold the roll, which I did, but had no knowledge of his having stolen it.
(The prisoners received a good character.)
GALLOWAY— GUILTY . Aged 19.
MAXWELL— GUILTY . Aged 10.
Confined Three Months.
2307. MARY WELFARE was indicted for stealing, on the 1st of June, 1 table-cloth, value 1s.; 2 boxes, value 3s.; and 2 handkerchiefs, value 1s. 6d.; the goods of William Parker, her master; to which she pleaded
GUILTY . Aged 20.— Confined Three Months.
2308. JOHN ROOKE and RICHARD HAWKINS were indicted for stealing, on the 10th of September, 1 purse, value 6d.; 8 sovereigns, 1 half-sovereign, 3 shillings, and 1 sixpence; the property of Manoel Joaquim Carneiro da Cunha, from his pe on.
JAMES CRESWICK . I am an ornament-manufacturer, and live in New Compton-street. On the 10th of September, between two and three o'clock in the day, I saw the two prisoners and another in Gerrard-street, as I was coming down Macclesfield-street—I have not the least doubt that they are
two of the three—I observed them follow the prosecutor and another gentleman, and when they got close to them, I saw Rooke put his hand into the prosecutor's pocket, and take out his parse—Hawkins was by his side, quite close to the gentlemen, when Rooke took out the purse—Rooke walked on—the two gentlemen stopped to knock at a door—one of the companions, (the third one,) walked about a dozen yards before the gentleman, then turned, and looked him in the face—he then walked back and escaped—Hawkins crossed the road directly the purse was taken, and went away—I told the prosecutor that he had lost his purse—he went with me to Rooke, who did not attempt to run away—I accused him of having the purse—Rooke said he had not got the purse, and we might search him—the prosecutor asked a person in the crowd to get a police-man—I said I was sure Rooke had the purse; and when he found he could not get away, he pulled it out of his coat-pocket, went down on his knees, and begged for forgiveness—I am quite sure Hawkins was one of the three—he had an opportunity to see Rooke take the purse.
Cross-examined by MR. CLARKSON. Q. When had you seen Hawkins before? A. I cannot say, but I have seen him passing my door with the other man—he was not apprehended on that day—some lads in my employ pointed him out to me as being a bad character—I did not see him again till the Saturday after—I first saw him on Thursday, in Gerard-street, nearly opposite Macclesfield-street, about twenty yards from where the gentleman lost his money—I saw Hawkins and Rooke, and a third person, for about twenty yards, before this happened—they were together, apparently in conversation—when Rooke took the purse Hawkins and the other were on the curb—Rooke was on the wall side—they were all close together—the prosecutor was outside the pavement, walking arm-in-arm with Captain Paschal—there were very few people passing by—it is a very dull street—I did not notice any one—I did not give any alarm till I told the prosecutor he had lost his purse—my object was to get Rooke with the purse.
Rooke. Q. You did not see me take the purse? A. Yes, I distinctly saw you take it out of the prosecutor's pocket—I saw it in your hand, and saw where you put it.
GEORGE FREDERICK PASCHAL . I am a captain in the army. I was walking with the prosecutor—I had knocked at the door of a lodging-house which I was taken to, and the prosecutor said to me, in French, "I believe I have been robbed"—I said, "Feel if you have lost any thing"—he said, "Yes, my purse is gone"—at that moment Mr. Creswick cried out, and said, "That boy going on a-head of you has taken the gentleman's purse"—I ran and collared Rooke—I charged him with having it—he denied it—I kept him from the area and from the people about, and just as the policeman was coming up he made an attempt to kneel down, and gave the purse into my hand, and I gave it to the policeman.
MR. CLARKSON called
that Thursday between two and three o'clock—I did not send him out, but he went out—I was rather slack of work.
Rooke. A boy came running after me, and gave me the purse, and put it into my hand.
(Jacob Wedderborn, a scale-beam filer, gave Hawkins a good character.)
ROOKE— GUILTY . Aged 18.
HAWKINS— GUILTY . Aged 17.
Transported for Ten Years.
JOHN FOSTER . I am servant to Sir John Benn Walsh, Bart., who lives in Berkley-square. I was in the area on the 22nd of August, about ten o'clock in the forenoon—the prisoner could not see me—I saw him come down, enter the door, and walk on his toes—I watched him nine or ten yards—he crossed, took this box from the area passage, and was coming out with it—I stopped him at the door, and asked where he was going to take the box—he said he was moving it out of his way—it contained twenty-eight pounds of candles.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Six Months.
2310. ANN BOUND was indicted for stealing, on the 12th of September, 3 yards of calico, value 9d.; 1 handkerchief, value 4d.; 1 cap, value 3d.; and 2 pairs of stockings, value 8d.; the goods of Sarah Clark.
SARAH CLARK . I am a widow, living in Drury-Iane; the prisoner lodged in the same room with me. At six o'clock in the morning of the 12th of September I went out, leaving these articles in a bundle in the room—I had been washing them, and had folded them up to iron—I returned about seven o'clock in the evening, and the bundle was then gone—the prisoner did not come home for four hours after, and then she was very much in liquor—I taxed her with having taken them—she abused me very much—I said she had better confess it, and I would endeavour to get them—she at last told me where she had sold them.
THOMAS WOLFE . I am a policeman. I took the prisoner—she said she had taken the things and sold them, and on the way to the station-house she said she hoped the woman would not press the charge against her; she had money enough coming to her to-morrow, which she would give her.
Prisoner's Defence. I sold them for 1 1/2 d.; I asked 2d., and promised to give that to her.
GUILTY . Aged 48.— Confined Three Months.
GUILTY . Aged 53.— Confined Twelve Months.
about half-past eleven o'clock—I had not known her before—we got into chat together, she asked me for something to drink—I took her to a public-house and gave her some, and then we struck a bargain to sleep together, and went to Mrs. Smith's—I put my trowsers on the table—there were half a crown and 5s. in silver in them, and two farthings in my waist-coat pocket—I had some more silver in my other pocket, but do not know how much—it was about five minutes to six o'clock when I awoke—the prisoner was then up and dressed—she had got her bonnet on—I missed my money—the two farthings were also gone—I should know one of them again—I accused her of robbing me—she said, how could I accuse her of that, for she had not a farthing about her, and I had not given her any thing; but I had given her 3s.
LUCY ROBINSON . I live in Albany-street, near to the station-house. I was called by the officer at half-past six o'clock in the morning to search the prisoner in the cell—she told me she had nothing about her, and when she gave me her purse, I asked how she came by the money—she said she changed a sovereign the night before—I found two half-crowns, two six-pences, and six shillings, a fourpenny-piece, three penny pieces, and two farthings.
DAVID HACK . I am a policeman. I was called by the prosecutor to take the prisoner for stealing one half-crown and 5s. in silver—she said she had no money last night, and that I knew—I took her to the station-house, and on the way I said, "What money have you now?"—she said, "I shall not tell you."
Prisoner. I did not say I had not a farthing last night. Witness. You said you had no money last night, the prosecutor, knew you had not.
Prisoner's Defence. I went in to have something to drink, and pulled out the two farthings from my pocket and a halfpenny—he said I need not pay for it—he took them from me, and said one was a bad one—I did not deny having any money—I gave up my purse directly.
GUILTY . Aged 30.— Transported for Seven Years.
OLD COURT.—Thursday, September 17th, 1840.
Second Jury, before Mr. Sergeant Arabin.
FREDERICK MILES . I am a policeman. On the 2nd of September I met the prisoner in Hatton-wall, at half-past four o'clock in the evening—I had heard a pawnbroker's shop had been robbed of some property—I suspected and stopped her with a bundle in her apron—I said, "What have you got there?"—she said, "What is that to you?"—I took the bundle out of her apron, in which was this gown, and took it to the prosecutor—on taking her to the station-house she dropped a pair of new boots from under her gown.
Prisoner's Defence. Some man brought me out to have a little drink; it took effect on me; I bought the gown.
GUILTY . Aged 32.— Transported for Seven Years.
JAMES SMITH . I am a greengrocer. On Friday, the 28th of August, I had a mare in a cart—I went to Billingsgate market, about ten minutes to seven o'clock in the morning—I asked a young man who was sitting on a step to mind it while I was absent, it was not the man that always minded it, he was not there—I cannot recognize the prisoner as the man—I was absent about half an hour, or not so long, and when I returned I found the mare and cart gone—the young man could not be found any where—I afterwards found my cart at Limehouse, I believe—I found the mare at a slaughter-house—I knew them again.
WILLIAM BARTRAM . I am a livery-stable keeper, and live at Raven-row, Mile-end. I saw the prisoner at my place a little after seven o'clock, he asked me if I would let his horse and cart be put in my yard for an hour—it was a very poor grey mare, and a very old cart—I let him put it in on condition that he would fetch it away in an hour—he told me that the horse would not draw a load, and he wished me to take it in till he fetched another horse to draw it—he did not return till past four o'clock—he then took the horse away, and paid me 9d. for its being there.
RICHARD WEST . I am in the employ of William Monk, who has a slaughter-house in Little North-street, Whitechapel-road. The prisoner came there between five and six o'clock on the Friday evening, and said he had a horse at Mr. Bertram's stable, would we go and look at it—Mr. Monk told me to go with him, but while I went into the house he was gone—I went to Mr. Bertram's yard, but the horse was gone—I then came home, and found the prisoner with the horse in my master's yard—it was a grey mare—he asked 25s. for it—it was bought for a sovereign—she was afterwards owned.
Prisoner. It was sold for 19s. Witness. No, a sovereign, and you gave 1s. back for drink.
SAMUEL WEBB . I am a grocer, and live in Queen-street, Ratcliff. The prisoner met me on Stepney-green, and said, "Webb, do you want to buy a bigger cart?"—I said, "I have no objection, if you have got one that will suit me"—he said he had—I said, "Where is it?"—he said, "At Mr. Bartram's livery stables"—I said, "I have not time to look at it now"—he said, "Come and look at it now, for my horse is dead, and I shall not have time next week to see it sold, as I have a situation to go to; and if I let the cart stand over to-day I shall have to pay half-a-crown, for it will run into next week"—I went and looked at the cart, and said it was of no service to me—I at last gave 25s. for it—the prosecutor has since seen it.
GUILTY . Aged 20.— Transported for Ten Years.
Before Baron Rolfe.
THOMAS LIPSON PIMEROY . I am a policeman. I was in Lamb's Conduit-street, on the 29th of August, about half-past twelve o'clock at night, and saw the prisoner in that street—my attention was attracted by seeing him at a shutter there, the bolt of which I had found loose about a week before—i did not see him doing any thing with the bolt, but having found it loose just before, and knowing that he had just inspected it, I was induced to watch him—I followed him to Chapel-street, and saw him go into the doorway of Mr. Hicks's house, No. 2—I stationed myself in Mr. Hayward's doorway, nearly opposite, and saw the prisoner's arm in motion, as if he was wrenching something off Mr. Hicks's door, as if he was twisting something round—I watched him for about five minutes altogether—he came out of the doorway, and cried the hour, "Past twelve o'clock"—I believe he is a private watchman—he then went back again, and I observed him wrenching at the doorway again—he left the doorway shortly after again, and I went to it, and ascertained that the brass knob, which I bad seen safe shortly after twelve o'clock, was gone—I followed the prisoner, and overtook him in Chapel-street—I said, "Jack, what have you done with that knob?"—he is known among us by the name of Jack—he ordered me to stand off, and then raised his stick, and attempted to strike me on the side of my head—I caught the blow on my arm, and told him I should search him—he again told me to stand off—I said if he did not submit to be searched, I should take him to the station-house—I laid hold of him, and I believe I unbuttoned one button of his great coat, but he unbuttoned two or three more, took the knob out, and threw it on the ground from the bosom of his great coat—I am not certain whether he had a pocket in that great coat or not, but he took it from the bosom—he made some observation, which I do not exactly recollect, but I think it was, "There, take it," or something of that kind—I sprang my rattle, and Frier, another policeman, came up, and we took the prisoner to the station-house—when Friday came, the prisoner said he had not touched the knob for the night—on my return from the station-house I rang at Mr. Hicks's bell, but it was not answered—on the following morning, about nine o'clock, I gave information to Mr. Hicks—I got a nut-screw from the house, and it fits the knob—on our way to the station-house the prisoner said he knew the knob to be safe at ten o'clock, which he had previously denied any knowledge of.
Cross-examined by MR. BODKIN. Q. How old are you? A. Twenty-two on the 31st of August—I have been in the police between three and four months—I am from Devonshire, or rather the borders of Devonshire—I have every reason to believe myself a Spaniard—I did not say I was born in Devonshire—I said I came from there—my parents were Spaniards, and I came from Spain with them—I do not remember being brought—it was in 1820, two years after I was born, and I cannot recollect it—I have been stationed on the same beat ever since I have been in the police—I have seen the prisoner on duty there every night—how was I to know he was employed there?—I do not know that the police are displeased at the inhabitants having a private watchman—I never expressed displeasure at his being there—I never said I had any objection to his being there—I have expressed a wish that he would be less
obnoxious to the police, because he often obstructed us in the performance of our duty—I have never been chattering to the servant maids when he has come up and interrupted me—i am a married man—I have never known it done to any of my comrades in the police—from what I have seen of my comrades they are not in the habit of doing it, and do not re-quire a-man to interfere with them.
Q. Have you never said, "There is a b——d old watchman down the bottom of the street, I will roll him in the kennel before the night is over, and will have him off the beat if possible; there are two or three on the look-out for him, and he shall not be on the beat another week?" A. I never said that—part of your statement is correct—I have said, "There is an old watchman down here, who has been a great deal of trouble to us, obstructing us in our duty," but I have said, "He is too old and insignificant, he is not worth more trouble about him, I shall roll him in the kennel"—I never said there were two or three on the look-out for him—I have said, "We are on the look-out," but never mentioned two or three—we had received orders to look out for him—I said it was likely he would not be on the beat another week; and I will state what induced me to say so: about ten days before the knob was missed there were two bolts missed from the shutters of Mr. Hay ward's shop; I gave information to the sergeant that these bolts were gone, and he was impressed with an idea that the prisoner had taken them, because from the manner I go round my beat it is almost impossible for a man to go into Chapel-street, and be there two minutes, without my knowledge; the sergeant went and searched the prisoner very slightly, and afterwards in coming down the street I heard him in conversation with a bricklayer, who, I believe, lives in Robert-street, and he told the bricklayer that the sergeant was a d—fool, for he had the knobs in his pocket all the while he was searching him, and if he had searched him properly he would have found them—he was not taken before a Magistrate on that charge, because we did not find them—he was not taken before Mr. Rogers at Hatton-garden, nor did Mr. Rogers reprimand the police for it, to my knowledge—I do not know Mr. Rogers—I should not say that the prisoner had reason to know we were watching him—private persons are not to know the orders we have from our superior officers—it is not to be expected if a thief knows I am to watch him, that he will commit a robbery on my beat—I do not know Mr. Tyler—I have seen the name—I recollect two or three gentlemen speaking to me once, whether Mr. Tyler was one of them I do not know—I do not recollect his saying to me that I seemed to be a very young man for a policeman—I will not swear he did not say so—I might have answered, "I look younger than I really am"—I do not know whether I said, "I am a foreigner, a Spaniard, but it is not generally known, or I suppose I should not be in the police"—I will not swear whether I did or not—I do not know a Mr. Wilson—I know there is a gentleman of that name in Chapel-street.
Q. Do you remember telling him you would roll Butler in the kennel, and have him off the beat? A. I do not remember saying I would have him off the beat—you must recollect I am on oath, and I will not violate the sancity of an oath to please you or any gentleman—I will not swear I have not said I would have him off the beat if I could—I have brought Sarah Ducker here as a witness—I believe she is servant to a lodger at Mr. Hicks's—she was not before the Magistrate—I have had some conversation
with her here, but never to prejudice her—I have not told her I would be sure to convict him if I could, nor any thing of the sort—it is not for me to convict, it would be absurdity to say so—our conversation has been on different things—sometimes we have expressed a wish that the trial would come on—things may have passed, but not what you mention—I have been asked what he would be done to, and have said, "I do not know, it is left in the hands of an intelligent Jury, who will do justice"—I filled different capacities before I was in the police—I was a miller before I entered the police, not a labourer; does my appearance appear like a labourer?—I was never a subordinate—I was a partner with my father at Eskin, at the parish of St. Germains, in Cornwall—my father is living there now, I believe—I was not a partner by articles—I assisted in the business—I assisted him, on and off, for years, but I have filled other capacities, among others, a schoolmaster—I have no doubt you recollect that the Ironmongers Company have endowed a school at Landsdrake—I was schoolmaster there for nine months—I superintended it for Walker, who was ill—he was then able to take it himself—I left the mill because it did not agree with my health, and I wished to be employed in a more active sphere—I certainly did not intend to come into the police, but we must take what we can get—I do not mean to say that I am not qualified for a better situation.
JAMES HICKS . I am a cabinet-maker, and live in Chapel-street, Bedford-row. I had a knob at my door on the evening of the 28th of August—I believe it was safe that night—I have lived there between seven and eight years—it was a similar knob to this, but there are many in the neighbourhood—mine is a double house—I merely have the shop—the lodgers came in last, and do the door up—I came in on the evening of the 28th of August at another door—I heard the bell ring that night, I do not know at what time—I have got up before when the bell rang, and found nobody there, and I did not get up—the prisoner is a private watchman—I occasionally gave him a Christmas-box, nothing more—he came to me about a week before this, and told me the knob was loose—I found it was so, and secured it as tight as I could with a pair of nippers, and tried it outside—it was quite tight then—I know this knob, or one like it, was there the day before it was lost, or I must have missed it, as the door stands open, and I must have seen—I should not think he could get above 3d. for it at the most—I received information on the morning of the 29th, and found it was gone—the policeman brought it about nine o'clock.
Cross-examined. Q. How long has this man been employed as a watchman by the inhabitants of that neighbourhood? A. I am told twenty years—I have known him ever since I have been there—he has borne a very honest character—I have heard them speak very highly indeed of him—they place great confidence in him—he is particularly attentive to the fastenings of the doors at night—I have heard the police and him wrangling—I have not seen them ill-using him—I never stopped to interfere with it—I have heard them late of a night, but have passed home—they were quarrelling with him very often—he is above sixty years old, I believe—I fastened the knob tight, in consequence of what the prisoner himself told me—I should say he could not have wrenched it off without some instrument.
MR. BODKIN to T. L. POMEROY. Q. Had you spoken to Frier about the prisoner that night before you saw what you have stated? A. I has—I
had not desired him to be in waiting—I knew where Frier's beat was, and knew he was in command of my rattle—he came up in less than two minutes after I sprang my rattle—I had not spoken to Frier about taking him into custody before I sprang my rattle.
Q. You had no conversation with him about that night? A. Allow me, sir, to explain; there had been a coal-cellar plate taken off the pavement in New Ormond-street two nights before, and had I not been very cautious, I might have broken my leg—any one walking on might have put his leg down there; and attending, as was my habit, to the doors, it is very likely I might have slipped down, but I had my eyes about me—this plate being gone, I was induced to search for it—I found it in the street, and replaced it—I called the inhabitant of the house, to request he would get it fastened, as a mischievous person might take it up, and produce serious consequences—two or three nights afterwards I found the same plate gone again, and moved to the end of the street—I did not find it for some hours—I placed a piece of board over the place—on the following night I saw this man trying the very same plate, which induced me to think that he had taken it off, with the intention of injuring us—seeing the old man doing such a thing induced us to be on our guard, and to watch him more closely—several little petty larcenies had been committed about the place, and we well knew, from the efficient manner in which the police is carried on in that neighbourhood, that any depredation in Chapel-street could not well be committed without its coming under our notice, and it was in Chapel-street that the greater part of the depredations had taken place.
Q. That is your explanation, is it? A. It is.
JOHN FRIER (police-constable E 118.) I heard Pomeroy spring his rattle, about twelve o'clock, on the morning of the 29th—I went to Chapel-street, and found him there with the prisoner by the collar—he was resisting him—he said he had not been near the door, nor seen the brass handle that night—he said at the station-house that he had tried the door that night about twelve o'clock.
Cross-examined. Q. You are sure he said he had tried it at twelve o'clock? A. Yes, quite certain—I have been on that beat five weeks—I know of no jealousy between the prisoner and the police—I never saw any difference between them, nor heard of any, nor have I any reason to believe it—I had not been in Pomeroy's company that night before I heard the rattle spring—I had seen him on his beat, but not spoken to him, nor he to me—the Magistrate admitted the prisoner to bail, and he has surrendered to-day to be tried.
SARAH DUCKER . I am servant to Mr. Hicks. I missed the knocker on the morning of the 29th of August—I found the nut-screw in the passage, just by where the knob was—I took it down into the kitchen, and gave it to Pomeroy when he called.
Cross-examined. Q. You did not go before the Magistrate? A. No, I had a subpoena from Pomeroy to come here—I was here yesterday—I have had no conversation with him about this trial—he has not said the man would be convicted, nor that he would be counsel for the prosecution—I do not recollect his saying any thing of the sort.
T. L. POMEROY re-examined. This is the nut Ducker gave me.
Witnesses for the Defence.
Bedford-row. I have known the prisoner for sixteen years—during that time he has been a watchman, employed by the inhabitants, and they have continued him since the introduction of the new police—he was always in the habit of trying the doors and fastenings—he bore the character of an honest man—I get up at four o'clock in the morning all the summer—I have seen differences between the prisoner and the police—I have seen them what they call lark, knock his hat over his eyes, and drag him, pretending to take him to the station-house, and saying they would put him in the kennel—about a week before this, as I was coming out of my door, the sergeant and him were at high words—the sergeant said, "I am perfectly satisfied, 1 have searched you, and don't find any bolt about you; go about your business "—I asked the prisoner what had been the matter—he said, "They have accused me of stealing a bolt, but I have never touched it, only to try it"—I have heard them say that this charge was a sort of lark—I have not heard Pomeroy say any thing about it—the police have considered him in their way.
COURT. Q. How do you know that? A. By remarks I have heard from the policemen—they say he is a troublesome old man among them—he watches them—I have heard them say so. They run away like thieves when I come out of a morning—there is four at a time on him—I have seen it—for several years they have been persecuting him.
WILLIAM WILSON . I am a plumber, and live in Chapel-street. I have heard Pomeroy say, "Before the night is over, I will roll the old watchman in the kennel," and that he would get him off the beat—that was about a week before this charge—I was not up on the morning this took place. I heard a talking at my door, which is a few doors from Mr. Hicks's—I thought it was a tipsy female—the rattle sprang, and I went to the window instantly, and by the time I crossed the room, and got the window up, there was a policeman from Great James-street, and another from Lamb's Conduit-street, like a flash of lightning, as if they were stationed at the corner for the very purpose—I have known the prisoner nearly twenty years on the beat, and believe him a most unquestionable character—I never heard a sentence against him—the inhabitants considered him worthy of their confidence—I am frequently at my door as late as ten or eleven o'clock at night, and he never passes a door without trying the bolts—he has frequently told me of mine not being fast—I have seen him continually annoyed by the police.
JAMES TYLER . I am a cabinet-maker, and live in Green-street. On Sunday evening, the 22nd of August, I had occasion to speak to Pomeroy—I asked what countryman he was, he said he was a Spaniard—he said, "There is a b—d old watchman down the bottom of the street; I will roll him in the kennel; there are two or three looking out for him, and he shall not be on the beat another week"—I have not seen the prisoner annoyed by the police.
JOHN NUNN . I am an oilman, and live at the corner of James-street. I have known the prisoner ever since he has been on the beat as an un impeachable character—I would trust him with untold gold—I have seen him annoyed by the police at various times—they appeared anxious to get rid of him—he was in the habit of trying the different bolts.
NOT GUILTY .
Before Mr. Justice Maule.
2316. JOHN HOLLINGSWORTH was indicted for unlawfully, maliciously, and feloniously assaulting Thomas Smith Hollingsworth, on the 6th of September, and cutting and wounding him on the right side of his head, with intent to do him some grievous bodily harm.
MR. PAYNE conducted the Prosecution.
THOMAS SMITH HOLLINGSWORTH . I live with Mr. Biggins (who married my mother) in Tom'ngton-place, St. Pancras. The prisoner is my brother, and lived in the same house. On Sunday, the 6th of September, about half-past two, we were at dinner—the prisoner was sitting at the table at the opposite corner to me—he took up a tumbler, and threw it at my head—I had said nothing to induce him to do so—I saw him take it up, and turned my head—it hit me on the right side of my head—after that I saw him take up a knife off the table—I then ran out of the room—my head was bleeding—MR. Hunter, the surgeon, dressed it—my brother had told me, about eight o'clock the night before, that he would murder me—I had given him no provocation to throw the tumbler at me—the tumbler was broken by the blow, and cut me—I had not said a word to him the night before when he said he would murder me—he was not in a passion, he was in earnest—I was not good friends with him—he had used me bad, and I ran away for two days before, and kept from home.
Prisoner. I have nothing to say—what he has said is true.
JOHN BIGGINS . I married Mrs. Hollingsworth. I am a clerk in the City—I was at dinner on Sunday, the 6th of September—the prisoner came down from the bed-room to dinner in a suppressed agitated manner, with his lips clenched, and his countenance grinning as if he wished to conceal his agitation—he had not sat down five minutes before he took up the tumbler and threw it at his brother's head, with all his might, and he began to rave about murder and revenge—he vowed he would have his revenge while one of the family were left—he did not say for what—he then seized the carving-knife—I immediately rushed on him and seized both his hands, and his other brother disarmed him; his mother, in trying to seize the knife, had it drawn through her fingers, and she rushed out of the room—his brother Joseph assisted in detaining him—I thought he was going to stab his brother—there was no cause of quarrel—the prisoner is a medical student—I moved to this house in consequence of his not being satisfied where I lived, and that he might be near the London University—I have known him nearly four years—I always thought him half-mad, but am most decidedly of opinion that he is deranged now—I do not think he was of sound mind at the time he took the tumbler up—I offered him liberal terms to prevent this coming into Court, and he said he would rather it came into Court—he talked of going to church and addressing the congregation about me—he once held a knife to his throat, and threatened to cut it when we came from church—he once threw up the window and called the police, and said he would go to prison—I called a surgeon in on one occasion—he was apprenticed to Mr. Rayner, of Uxbridge—three weeks ago last Sunday, he said his mother must take a post-chaise and bring him to London—on the 5th of September the younger brother slept out from fear of him.
JOHN HUNTER . I am a surgeon, and live in Hart-street, Bloomsbury. On Sunday, the 6th of September, I went to Mr. Biggins's house, and examined the prosecutor's head—I found a contused wound on the right side of the head—the hair was saturated with blood, and the collar of his shirt deeply stained with blood—it was a wound very likely to be inflicted with a tumbler, if he turned his head to avoid the blow coming in front—
I did not consider it a dangerous wound, being superficial—I saw the prisoner on that occasion, and from what he said I can form a judgment of his state of mind—I can only judge of what he said from the evidence of other parties—I judged from what I saw of him—I consider his state of mind to be insane, with lucid intervals—I think him insane at that time—I asked him his motive for having attacked his brother in this atrocious way—he was dogged, and would give no answer, but said he would go to prison—I reasoned with him, whether it would not be better to remain in his father's house and behave better in future—he disclaimed all idea of good behaviour, saying he would do the same thing over and over again, and wished to go to prison—his look was not furious, but it was the look of an insane man, to my judgment—I have seen insane persons—he had that peculiar look which is indescribable, a coward-like quivering of the lip, and his face effused with blood—I was sent for by his parents again, to inquire if he would ask forgiveness, and engage that he would not attempt the same again, and they would provide for him to reside at my house—he refused—I saw him also in the hall, and again asked him to promise to behave better, and come and live with me, and give me a pledge that he would never attempt such things—he said, "No, I will give no pledge whatever—I will give no promise—I will do it again and again"—his mother said, "Will you give Mr. Hunter any pledge that you won't do it again?"—he said, "No, I will give no pledge, I will do it again and again, I will go to prison"—this makes me feel that he is labouring under a blind influence, which he considers he has no power to counteract, and that he is morally not guilty, because he says, "I cannot help it."
COURT. Q. You were willing to take him into your house? A. I proposed it to him, and he refused—he said he must live in his father's house or he would go to prison—I was to take him into my house to relieve the family from their anxiety from his violent conduct—I was informed he behaved well at Mr. Rayner's.
WILLIAM RAYNER . I am a surgeon at Uxbridge. I have known the prisoner since 1838—I attended him when at school at Uxbridge—he is now about 21 or 22 years old—he was apprenticed to me—I attended him while at school for an affection of the brain of so violent a character, that I would not take the responsibility on my own shoulders, and urged the master to send him home instantly—I imagined he would have a brain fever—that is a disease which very often leaves a permanent affection on the mind—people do not recover their mind at all sometimes after brain fever—it was a very violent brain fever—he was then 13 or 14—it was a surprise to me that he recovered—he was apprenticed to me about six months ago or more, with the sole view that his education should be gone through with at University College—it was a matter of convenience for him that he was apprenticed to me, that he might effect his studies at the College—he was not to serve me as an apprentice for my convenience—I had him down at Uxbridge in July—he left me, I think, in August—he was not with me more than a fortnight—he was occasionally at my house—I noticed that he was in a very excited, nervous, irritable state—I could not account for his conduct—it appeared extraordinary to a degree—I formed an opinion as to the state of his mind-that he is occasionally out of his mind—perhaps I should mention that he always entertained the greatest affection for his brother, and it is a mark of insanity that that affection should turn to the most entire hatred.
FREDERICK RAYNER . I am brother of last witness, and am a surgeon at Uxbridge. I frequently saw the prisoner there—my opinion from what I have seen of him is, that he is of unsound mind—I have thought so for two or three years that he is occasionally of unsound mind—frequently on conversing with him on simple subjects he has risen from his seat, walked round the room making most horrid faces, and commencing some political discussion not in reference to the conversation at all—he was constantly discussing politics.
Prisoner. I have nothing to say; all I can say is, at the time it seemed to me as if I was bidden to do it, and could not help it; I am sorry; I love my brother.
NOT GUILTY, being insane.
Before Mr. Baron Rolfe.
GUILTY . Aged 53.
Before Mr. Justice Maule.
GUILTY . Aged 53.— Death.
First Jury, before Mr. Recorder.
2319. JOHN FLETCHER NELSON was indicted for feloniously forging and uttering, on the 5th of September, a request for the delivery of goods; also for a like offence, on the 13th of June; also for embezzling, on the 25th of June, 2l. 2s. 6d., of William Slack, his master; to all of which he pleaded
GUILTY . Aged.— Transported for Ten Years.
2320. ROBERT ELLIS and MITCHELL STATE were indicted for stealing, on the 3rd of September, at St. George, Hanover-square, 2 paintings framed and glazed, value 25l., the goods of john Frederick Pinney, in his dwelling-house.
SUSAN GREEN . I have charge of Mr. John Frederick Pinney's house, No. 30, Berkeley-square, in the parish of St. George, Hanover-square—he is out of town at present. On the evening of the 3rd of September, about eight o'clock, I noticed the street-door open, and found the dining-room door open also—I missed two pictures, worth about 25l.—I had shut the dining-room door a quarter of an hour before, and they were quite safe then—I suppose the street-door was left insecure by a person who had just left the house.
Cross-examined by MR. BALLANTINE. Q. I suppose you do not know the real value? A. No—I have been told the small frame cost two guineas—my master is out of town.
WILLIAM MILLERMAN (police-constable B 95.) On the 3rd of September, about nine o'clock in the evening, I saw the prisoners in Chapel-street—each had a picture—I stopped Ellis, and asked where he got them—he said he bought them in Chelsea—I took him along, and at the corner of Tothill-street, State passed the picture he had to Ellis, and said he would go and call his sister, or something to that effect—he made his escape—I took Ellis to the station-house—he said he brought it from Johnson, in Ebury-street—I found no such person there—I apprehended State the following Sunday—he denied the charge, but at the station-house he admitted receiving the picture at the top of York-street from Ellis.
Cross-examined by MR. JONES. Q. Is Chapel-street, Westminster, a large-street? A. Yes—it is pretty well frequented—they were walking very fast—State was present when I asked Ellis where he got them from—they muttered a few words, hut I could not hear it—they walked together for about five minutes—Ellis took the picture readily from State—I should have taken it myself, hut I could not—when I apprehended State on the Sunday I told him I wanted him—he asked what for—I said, "About the pictures"—he was all in a tremble, and said he knew nothing about it—he was very much agitated—I did not say he was charged with stealing the pictures—I said I wanted him about some pictures—I might say about "taking" pictures—it was after that he said, "I know nothing about it"—he told the inspector at the station-house Ellis had given it to him at top of York-street—he did not say it when I took him—he was close to the station-house when I took him—I met him promiscuously in the street—I have not inquired where he lived—another constable knew him, but he did not tell me where he lived—I did not go into the neighbourhood to look for him—Ellis did not tell me he had given the picture to State to help him carry it, nor did State say he gave it him to "help him carry it."
Cross-examined by MR. JONES. Q. Was it before or after seven o'clock? A. About ten minutes after seven o'clock—it would take three-quarters of an hour to walk from there to Berkeley-square—I swear I saw State there before half-past seven o'clock—it was ten minutes after—I did not look at any clock—I will swear it was not a quarter after—I can make no mistake about it.
MR. JONES called
MARY ANN ROBERTS . I am the wife of Edward Roberts, a butcher, in Great Chapel-street, Westminster. State is my nephew—he was in our employ till last Sunday week, and on Thursday evening, the 3rd of September, I saw him about seven o'clock—I cannot say what time he came—he was standing talking to Hayes, our man—I cannot state at what time he left our house that evening, but I saw him from seven o'clock till half-past—I am certain I saw him as late as half-past seven—I know the time—there is a clock right opposite the shop—I went out to see the time, not having a clock down stairs, and it was just half-past seven o'clock—he was there then—he was in the habit of coming backwards and forwards, and standing talking for an hour at a time to us—he left us, we did not discharge him—he slept at his mother's, at Bayswater.
COURT. Q. Did you see any thing of the other prisoner that evening? A. No—our house is full two miles from Berkeley-square, but I do not know exactly—he might walk there in half an hour.
MR. JONES. Q. Am I to understand he might have left your place later than half-past seven o'clock? A. Yes, but not earlier.
ALEXANDER HAYES . I am journeyman to Mr. Roberts. I remember State being there on the evening of the 3rd of September—he was there from about ten minutes or a quarter to seven o'clock till half-past, or rather better—I can swear he was there as late as half-past—he did not go away earlier—Ellis is my brother-in-law—he and State have been acquainted together from childhood, they were born within a stone's throw of each other.
COURT. Q. Did you happen to see your brother-in-law in Great Chapel-street that day? A. I did not—State came to speak to me, and was standing in the shop—I went to have something to drink with a friend, and he went away from the front of the shop while mistress was standing there.
Mr. JONES. Q. Did you see him between the 3rd of September and his being apprehended? A. I did not—he came to the shop on Sunday morning, the day he was taken.
(The prisoners received good characters.)
ELLIS— GUILTY . Aged 22.— Confined Twelve Months.
STATE— GUILTY . Aged 19.— Confined Six Months.
CATHERINE NEALE . I am the wife of Daniel Neale, and live in Waltham-place, Whitechapel. The prisoner is my husband's mother. On the 1st of September, I was at my husband's sister's house in King-street, Wapping—the prisoner and her sister came up to my place afterwards, and brought my husband with them—as I went up stairs the three of them attacked me together on the stairs, and I got cut in the left hand—I do not know which of them did it—I cannot swear the prisoner did it—she had threatened me about a fortnight or three weeks ago, but she was drunk at the time—she is an old woman, and I do not wish to injure her—I was not much hurt—the three of them beat me together—I cannot say of one more than another—she can understand English, but cannot speak it.
JAMES CRAWFORD (police-constable K 253.) On the 1st of September I went to King-street, and saw the prosecutrix on the stairs, and blood flowing from a wound in her left hand very profusely—she made a complaint of having been cut—in consequence of what she said I went into the back yard, and found the prisoner concealed in the privy—I found this razor in her pocket—there is no mark of blood 00 it—the prosecutrix gave charge of her.
GEORGE BETSON . I am a surgeon at Wapping. I examined the prosecutrix's left hand, and found a small wound on the back of it, about an inch long, and about a quarter of an inch deep, not at all serious—I examined the razor, and should consider that would make the wound.
Prisoner's Defence. The woman came in drunk and struck me with a candlestick, and treated me very ill indeed.
NOT GUILTY ,
2322. CAROLINE MANDER was indicted for stealing, on the 10th of September, 2 gowns, value 8s.; 1 yard of velvet, value 8s.; 1 pair of boots, value 1s.; 1 parasol, value 2s.; 1 veil, value 5s.; 1 petticoat, value 1s.; and 9 yards of printed muslin, value 6s.; the goods of Gertrude Hawkings Roberts.
GERTRUDE HAWKINGS ROBERTS . I am single, and live in Bentinck-street, Berwick-street, Soho. The prisoner was my lodger—I missed the articles stated out of a chest of drawers at different times—they were locked.
JAMES DRISCOLL (police-constable C 2.) In consequence of informations, I apprehended the prisoner in Peter-street, St. James's, and took her to the station-house—she said she lived in Husband-street, but she did not know the number—she said it was the first floor front room—I went there to Priddy's house, and found these articles in a middle drawer.
SARAH PRDDY . I live at No. 7, Husband-street. The prisoner lodged in my room from Monday till Thursday—when she came in she put a bundle on the top of my bed, and said it was her bundle—I pat it in my middle drawer, as she had no box—I do not know what was in it—I saw her go to the bundle, and take the pocket-handkerchief, or something—the policeman took the bundle away.
GERTRUDE HAWKINGS ROBERTS re-examined. These things are mine—some are marked—the prisoner said she got her living by making shirts—I was not with her, as my occupation takes me out—she appeared a decent well behaved girl, but I understand did not keep good hours—I was not at home while she was there—I left all my drawers locked—on the 14th of August, when I went home, I found two strange keys in my drawer, and she was gone—I gave them to the officer—one appeared like a picklock—she said at the station-house if I would not appear against her, she would tell me where all the things were.
GUILTY .* Aged 20.— Transported for Ten Years.
GUILTY of a Common Assault. Aged 63.— Confined Twelve Months.
NEW COURT.—Thursday, September 17th, 1840.
Fifth Jury, before Mr. Common Sergeant.
ANRINIO PERIGIA . I live in York-street, Westminster. I missed a looking-glass and stand from my shop on the 9th of September, a little after eight o'clock in the morning, and saw the prisoner crossing the road with it—I ran out, caught him, and brought him back with it—this is it.
Prisoner. I had it given to me, and when I saw him coming after me I turned and gave it him.
GUILTY . Aged 25.— Confined Three Months.
RICHARD MARKS . I keep the Duke of York public-house, in Liquorpond-street—the prisoner was my servant. On the 9th of September, about eight o'clock, I unlocked my cupboard-door, and counted the money in my cash-box—there was 7l. 10s., but there ought to have been 1l. 17s.—part of what I missed were shillings, and one groat, some pence and half-pence—I spoke to my daughter, and a pair of stockings was missed—the prisoner was questioned, and denied having any money—my daughter insisted on her turning her pockets out, and four shillings and some coppers were found—she then said she had brought 3s. into my service, and a man in the tap-room bad given her 1s.
ROSIANNA WLIZABETH REES MARKS . I am the prosecutor's daughter. These stockings are mine, they were missed, and they were found under the prisoner's bed—she said she took them to wear—she had cut my name out of them—my father provides my things.
GUILTY of stealing the stockings. Aged 22.— Confined Six Months.
JOHN MILNE . I keep the Flying Horse public-house, Wilson-street, Finsbury. On the 7th of September, about five o'clock, I was serving gin and milk—I heard a noise at my till in my counter—I had this bowl—(looking at it)—in my till, and to the best of my knowledge it had 12s. or 13s. in it—there were several shillings, sixpences, and groats—on hearing the noise my wife went into the bar to see what was the matter, and I saw some of the party who were at the counter drawing their hands from that side where the till was—their hands had no business there—my wife went and found the till a little drawn out—she missed the bowl and silver—she accused the prisoner, who was going to the door, with having stolen the bowl—I went after her, and caught her—I saw her throw this bowl away, as she was running in the street.
Cross-examined by MR. PAYNE. Q. You say some of the party were there? A. Yes, there were three men with her—I could not see any particular hand in my till—I was in my bar parlour—I was in Wilson-street, ten or twelve yards from her, when I saw her throw the bowl away—I am quite sure I saw her throw it—my boy was nearer to her than I—I know the bowl by its general appearance, and by No. 2 on the bottom—I have two more the same—I had seen it safe about ten minutes before the persons came in for the gin and milk—the money was then safe in it.
GEORGE GIMBER . I am the pot-boy. I came in and heard my mistress accuse the prisoner—she was coming out at the door, and had the bowl in her hand, and a white pocket-handkerchief on the top of it—this is the bowl she had.
Cross-examined. Q. How was the handkerchief placed? A. Just on the top, it was not covered over it—I had not known her before, but I am sure she is the person.
WILLIAM HOLLAND (police-constable N 146.) I took the prisoner—in her pocket were found eight shillings, nine sixpences, two groats, and a few halfpence—one of the sixpences the prosecutor said he could swear to, as having been in the till a quarter of an hour before.
Cross-examined. Q. Did he say what money he had lost before you took the money? A. She gave up her pocket at the station-house, and this money was in it—I put it down, and the prosecutor said directly, "Here is a sixpence I can swear to, as having been in the bowl"—the prisoner said she had some money in her pocket, which she had earned as a milliner.
GUILTY.* Aged 26.— Transported for Seven Years.
JAMES ALDRIDGE . I live in Northumberland-street, Strand, and am a jeweller—the prisoner was my apprentice. On Sunday, the 13th of September, somebody came to my house, and showed me a gold cutting—I cannot swear to the gold, but I verily believe it to be mine—I have gone over my stock, and missed about six pennyweights of gold—it was kept in a tin can—the prisoner and all the other men in the shop had access to it.
HORATIO THOMAS WILLIAM ELLIS . I am a jeweller, and live in King-street, Covent-garden. On the 12th of September, about half-past nine o'clock, the prisoner came, and offered me some cuttings for sale—he said his master had sent him—I asked who his master was—he said, "Mr. Robertson"—I said I would send a shopman with him, and then he would not tell me where it was—I sent for an officer.
GUILTY. Aged 17.—Recommended to mercy by the Prosecutor and Jury. Judgment Respited.
JAMES GABRIEL . I am in the employ of the West India Dock Company. On the 11th of September, about half-past eight o'clock in the evening, I was in Mr. Peate's shop, and saw the prisoner and another lad unhook a pair of boots outside—I pursued the prisoner, and just before I took him he threw one boot down—I saw the prisoner take one boot, and the other who has made his escape one.
THOMAS MANNING . I am foreman to Mr. Joseph Peate; he lives in Ratcliff-highway. I received information that the boots were stolen—I looked about, and missed a pair—MR. Gabriel brought in the prisoner and one of the boots—this is the pair of boots—(looking at them).
Prisoner's Defence. I was walking along, and the witness took hold of me. I made no resistance. I had been out of work for three weeks.
GUILTY . Aged 21.— Confined One Month.
GUILTY. Aged 32.—Recommended to mercy. — Confined Six Months.
WILLIAM THORNTON . I live in Harrow-road. I and my daughter were in Chapel-street last Sunday evening—I felt something at my pocket, felt, and missed my handkerchief, which was safe seven or eight minutes before—I immediately turned round, laid hold of the prisoner, and accused him of having it—he denied it, but I saw it tucked under his arm—he said, "Don't hold me so tightly"—I said I was determined to give him into custody—I knew that if I let him go he would have slipped off his jacket and got away—he then gave himself a twist, and dropped the handkerchief—my daughter took it up.
Prisoner. A woman took up the handkerchief, it was not his daughter.
GUILTY . Aged 19.— Confined Nine Months.
GEORGE BATTS . I am foreman to John Wills, a hosier, in Oxford-street On the 4th of September the prisoner came for a pair of socks, which the shopman went to the end of the shop for—I was behind the prisoner, and saw her take these seven pairs of gloves, and put into her apron—I said nothing, but followed her up Oxford-street—she turned, and said she knew why I was following her—I said, if she did that was quite sufficient, and she might as well go with me to Marlborough-street, which she did—the Magistrate had left, and the officer took her—she threw the gloves out of
her apron in Oxford-street, the apprentice took them up, and handed them to me—they were never out of my sight.
Prisoner. I told you I took them up in mistake. Witness. No, she begged for forgiveness, and said she would never do it again—she worked the parcel down, as it was standing in a sloping direction, and put it into her lap, then put another parcel in its place, that it should not be missed.
GUILTY . Aged 32.— Confined Three Months.
MARY TARRAN . I am the wife of William Tarran—we live on the second floor at No. 6, Exeter-street. I had a towel, basin, and apron on the balustrades on the 11th of September—I went out at one o'clock, and missed them when I came home at half-past nine—the towel is marked, and it is mine—I can swear to this apron—(examining the articles.)
Prisoner. The apron is mine, and I can prove it—I know it by a darn in the front with white cotton. Witness. I know it is mine—it is old, and I have darned it myself.
GEORGE HEALEY (police-constable D 42.) I was on duty in Lissongrove, and was fetched to the prosecutor's lodging—the landlord gave the prisoner in charge for stealing the basin—the prisoner has this towel in her hand, and was using it as a pocket handkerchief, and this apron was on her arm—I took her to the station-house—she said she was going to wash herself in the back-yard with the basin.
Prisoner's Defence. The basin was not in my possession, the officer sent a man up stairs for it; the towel I know nothing of. The officer has taken a false oath, it was not found on me.
GUILTY .** Aged 32.— Transported for Seven Years.
2333. ELIZA ALEXANDER was indicted for stealing, on the 29th of May, 9 spoons, value 2l. 5s.; 2 sheets, value 12s.; 1 shirt, value 4s.; and 1 handkerchief, value 2s. 6d.; the goods of John Ellis, her master.
JOHN ELLIS . I live in Brudenell-place, Hoxton—the prisoner was in my service. On the 31st of August she was not at home, and I got tea myself—while I was at tea, I ordered her to bring up the spoons, and they were gone—I went down into the kitchen, and said I was determined to have them—she then said she had pawned three, and she gave me the duplicates—I went to the closet and found there were nine missing—I went to Mr. Edwards, in Hoxton, where the duplicates led me—I there found nine spoons, two sheets, a shirt, and a handkerchief—these are the articles—the sheets are marked with my name and also the spoons.
GUILTY . Aged 29.— Confined Six Months.
JAMES ROSIER . I live in Spencer-street, Clerkenwell—the prisoner was in our service. This silver fork was safe on the 7th of September—I cannot say when these stockings were safe—they had been in the drawer some time—I had not seen them for months—the fork is marked—the
stockings are a peculiar pattern, I can swear to them from having worn them—most undoubtedly.
Cross-examined by MR. DOANE. Q. How long had the prisoner been in your service? A. About three months.
JOHN HALL (police-constable G 220.) I was in the shop of Mr. Walker, a pawnbroker—on Monday, the 7th of September, the prisoner was in front of the shop, and the pawnbroker had this fork—he detained her, and stated to me that the fork belonged to her—she said it belonged to her, and then said, it did not belong to her, but she found it in Bloomsbury.
GUILTY . Aged 24— Confined Six Months.
2335. JAMES LEONARD was indicted for stealing, on the 3rd of September, 7 towels, value 14s.; 1 window-blind, value 2s.; and 3 dresser-cloths, value 5s.; the goods of the Honourable Henry Cecil Lowther.
MR. CLARKSON. conducted the Prosecution.
SARAH CLAYPOLE . I am second kitchen-maid in the establishment of the Hon. Henry Cecil Lowther—he lives in Bruton-street. On September the 3rd, I went to the housekeeper's room about three minutes before eight o'clock, to lay the cloth for breakfast, the door was partly closed—I rapped at the door, and received no answer—I went into the room, and there I saw a sweep standing—I did not know of any business that any sweep had there—the linen-press is kept in the housekeeper's room, close by where the sweep was standing—he had a bag with him—the mouth of it was in his hand, and the remainder of it on the floor—there was a sweep's brush on an arm-chair in the room—the prisoner is the man I saw there—I have not the least doubt about it—I asked how he came there—he said, "I have come to sweep a chimney "—I said, "What chimney?"—he said, "The housekeeper's room chimney"—I had not let him in, and do not know how he came there—I asked where he came from—he said, "From Wingall's"—he did not say Mrs. Wingall, (she is the person employed by Col. Lowther as a sweep,)—he said he had been told yesterday' to come—I told him I had heard nothing of it, and he could not sweep the chimney then, as I was going to bring in breakfast—he said, "Very well," and, as he turned his bag on one side, I perceived a hole in it, and something white shining through it—I asked what he had got in his bag—he said soot—I told him it was not soot, there was something white shining through a hole in the bag—he said sometimes pieces of white paper got in with the soot—he threw his bag over his shoulder—I perceived something more, shining white, and asked him again what he had got in his bag—he said, "If you think there is any thing wrong in my bag I will leave it"—I wished him to leave it—he was walking on all the time of this conversation, and I followed him through the servants' hall to the area—he told me he would leave the bag in the dust-hole—I followed him to the dust-hole—he left the bag there, went up the area steps, and went away with the sweep's brush in his hand—I then went to the bag, opened it, and took out a towel which laid on the op—it was marked "L. No. 24"—I knew it was my master's—finding my master's property was in the
bag, I took the bag back, and put it in the housekeeper's-room—I went and told the housekeeper, and we found in the bag all these articles, which are my master's property—on the next day, between eleven and twelve o'clock, I went to Vincent-street station—I saw the prisoner there, not dressed as a sweep, but as a gentleman—I have no doubt at all that he is the man.
Cross-examined by MR. DOANE. Q. His face was black when you saw him first? A. Yes, rather black; there was another man where I saw the prisoner the next day, but I saw him before he was pointed out—I did not take particular notice what kind of a man the other was.
MART WISKER . I am housekeeper to Col. Lowther. I was called by Sarah Claypole, and examined the sweep's bag—I found these things in it—the other kitchen-maid took them out by my orders—they are my master's—I had not ordered any body to come to sweep the chimney—I do not know the prisoner at all—I had been in the housekeeper's-room five minutes before Sarah Claypole went in.
JOHN MARTIN . I am son-in-law and foreman to Mrs. Wingall. I know the prisoner well—for five years he has assumed the character of a sweep, but I never knew him in any service—I have seen him in the dress of a gentleman, with silk gloves and boots, and a silk umbrella.
Prisoner. I can prove that witness is a rogue and a thief.
ANDREW VALLANCE (police-sergeant C 11.) I know the prisoner well—I have not seen him in the dress of a sweep; when I have seen him he has been dressed as a gentleman, as he is now, and sometimes with a ring on his finger, not at all like a labouring man—I received information of this robbery, and went after the prisoner—I found him in Seven Dials—he saw me, and ran away—a policeman took one way, and I took the other—the prisoner came running out of a court in Crown-street, and I took him—I told him I wanted him on suspicion of a robbery in Bruton-street—he said he knew nothing of it—I found on him 2l. 2s. 6d. in money, a silver watch, a silver guard, a union pin, a ring on his finger, two gold seals and a key, and a wig—they were ordered to be given up to him at the office.
For the Defence MR. DOANE called
FREDERICK JONES . I am a smith, and live at No. 14, Clark's-buildings, Broad-street, Bloomsbury. I know the prisoner—he is a sweep—I have known him eighteen months—I remember the night of Wednesday, the 2nd of September—I was at the Mogul public-house, in Drury-lane—there was a concert there that evening—I was there with the prisoner and a friend of the name of Owen—when we parted that night Owen said he had a two years' engagement at Manchester, and we should not see him for a good while, for if it suited him, he should stay there; and he said, "You may as well come to the Spread Eagle to-morrow morning, and see me off"—we went the next morning to the Spread Eagle, Gracechurch-street, a little after seven o'clock, and Owen went off by the conveyance to the railway about twenty minutes after seven o'clock—after he was gone we met Mr. Russell, who formerly kept the Antelope public-house—that was about half-past seven o'clock—he said, "There you are"—(he knew us from using his house)—he said, "It is a nasty morning, will you take a drop of any thing to drink?"—we said we did not mind—he said, "I have got a friend here not far off," and Mr. Russell, the prisoner, and I all went to Mr. East's, at the White Hart tap,
Liverpool-street, Bishopsgate—we had something to drink, and staid there, as near as I can guess, an hoar, or it might be above an hour, and it was half-past seven o'clock when we got there—the prisoner and I came out—we left Mr. Russell—the prisoner and I went on towards the west end—we had something to drink once or twice in going along—we went on to a coffee-shop, and there we had breakfast—I parted with the prisoner about ten o'clock—I went to the police-office, but Mr. Robinson said I should not be heard.
MR. CLARKSON. Q. I gather from what you told my friend that you had known the prisoner for eighteen months; how did you first become acquainted with him? A. By using the same public-house, in Marylebone-street—I have always heard him spoken of as a respectable man—I knew him, but had not been intimate with him till within this last month—I have not been particularly intimate with him—I saw him in August—I do not recollect that I saw him in July—I saw him in June—I met him in the street, but I cannot recollect on what day—I remember that I saw him on the night of the 2nd of September, because I sent in a bill the next day to Mr. Davies—I did not tell Mr. Robinson that was the reason why I recollected it—the prisoner is not married—he lives at No. 5, George-street, Bloomsbury—I do not know how long he has lived there—I do not know him as living there no more that he told me he resided there—I have never been to his house—he used to work at Marylebone, but I am not aware who he worked for—I have seen him with a black face, and with a white one—I never mistook him for any body else—I do not know whether he lives at the top or bottom of the house—the last time I saw him he told me he had had leeches on, and had had a bad eye, and he had bought a wig in place of his hair, having had his hair shaved off—he took off his wig to show me—I do not know what day that was—it was not on the morning we went to see Owen off—it was not a month ago, but about a fortnight, as near as I can guess—I do not know that he showed it to Owen—I do not know that he had had any leeches on his finger, which made it necessary that he should wear a ring—I have seen him with a silver guard-chain—there is no person here from the coffee-shop, or from the other houses we went into—I am a coach-smith and master for myself—I have my card here—(producing it)—this says, "No. 1, Short's-gardens, Drury-lane"—this is where my shop is—I have had that shop two years—the last person I did a job for was Mr. Danes, in Wigmore-street—I do not know that Davies ever has leeches and a wig—I have seen him with a silver guard-chain and ring—I never wear a chain and seals myself—I bought the coat I have on of Mr. Wolfe, at the corner of New Compton-street and Moor-street, about a fortnight ago.
Q. Will you swear it is a week ago, or three days ago? A. No, nor one day ago; it is about a fortnight.
Q. Will you swear you bought it earlier than yesterday? A. No, I will not—I bought it about a fortnight ago—it was on a Monday, not last Monday, but Monday week—I recollect it—it was last Monday week, about twelve o'clock in the day—I have not got a bill of it—I gave 1l. for it—I took no receipt—I know Wolfe—he is a short, dark man—Owen is at Manchester—on the 3rd of September it rained in the morning, small rain, and was slippery—I went to the prisoner's lodgings for him.
Q. Do you recollect swearing you never was at his lodgings? A. I was outside, I never was inside.
JOHN RUSSELL . I live in Fann-street, Aldersgate-street—I am out of business now, but I am going into a public-house—I used to keep a public-house, and before that I was a builder. The prisoner used frequently to come to my house when I kept the Antelope, in White Hart-court, Drury-lane—I saw him in Bishopsgate-street on the 3rd of September, about half-past seven o'clock, with Frederick Jones—we went to a friend of mine, who keeps the White Hart tap—I did not learn where they had been—we went to Mr. East's tap, and remained there nearly an hour, I dare say—I should think it must have been near nine o'clock when we came away.
MR. CLARKSON. Q. Did you go away together? A. No, we came out together, and parted—the last I had to do as a builder was in Hackney-road—it may be three years ago since I was concerned as a builder—I was a master-builder, but I quitted it—I became a bankrupt—I had my certificate, but I have not got it with me—I do not know what was the amount of my debts, perhaps rather more than 2000l.—there was property almost sufficient to pay the whole—I do not know how much was paid—I was not any thing before I was a builder—it is about a year and a half since I turned publican—during the year and a half after I left being a builder, and before I was a publican, I did a good deal as a surveyor—I then lived in Silk-street, Milton-street—that is the street which used to go by the name of Grubb-street—I was a housekeeper there, and paid 20l. a year—I had not my name or my business as surveyor on the door—I have been in this Court before, to give characters to one or two persons—I only knew the prisoner by his coming backwards and forwards to my house—I left the Antelope because the lease expired, and my time was up—the brewer had to put the house in repair, and he was obliged to take it himself—the licence was not expired—I did not owe any thing—I paid for all I had as I had it—I paid 160 for taking the house.
Q. Where did you get it? A. I cannot tell—some I borrowed, and some I saved—I am expecting to go to the next house to where I live—I have no property, only my own earnings—I am worth more than 5l.—I do not borrow of chimney-sweeps—I do not know the witness Jones—I never saw him till this day fortnight, to my knowledge—he was not dressed then as he is now—he had a blue coat on—I never saw the prisoner in a chimney-sweep's dress—I do not know any thing of him, only by seeing him come to my house—I know it was on the 3rd of September I met him, because on the next day but one they came and left a message that he was taken—I am not an accountant—I have never been here to give a character and sworn I was an accountant—I think it must be twelve months ago since I was here—it was more than six months—I have known the person I came to give a character to and his brothers for years—his real name was Holt, but I do not think that was the name he went in here—I forget the name he went in here—I was examined as a witness—I did not state that the name he went in was not his right name.
COURT to FREDERICK JONES. Q. What time did you go to Mr. East's? A. About half-past seven o'clock—I had met the prisoner before that—we had gin and milk at East's, nothing else—there was Mr. Russell and I and the prisoner—I do not know what we were talking about in particular, about different things—I talked but little—Mr. East and Mr. Russell were talking at the corner of the bar, and I was in front of the bar—I could not hear what they were talking about, not a word—I did not pay any attention—they were talking part of the time.
SAMUEL EAST . I keep the White Hart tap, Liverpool-street, Bishops-gate. I do not remember the prisoner coming to my house, but I remember Mr. Russell coming a fortnight ago, about eight o'clock in the morning—there were two other persons with him—one of them was a person like the prisoner, but I could not undertake to say that it was him—they staid about an hour, I think—they had three or four glasses of gin and milk—I recollect the day, because I was subpoenaed to come here.
MR. CLARKSON. Q. I dare say you have got the subpoena here? A. Yes, I supposed it would be asked for, never having been in a Court before—the witness Jones was one of the persons who came to my house—that was the first time I had seen him, but I have seen him once since—he called down at my house two or three days ago—he asked for a glass of something to drink, which I served him with—I had no conversation with him, not a word.
Prisoner. When Claypole was brought into the office at half-past twelve o'clock at night, she did not say I was the man; I was brought out, and pointed out to her by the officer.
GUILTY .* Aged 23.— Transported for Seven Years.
GUILTY . Aged 24.— Confined Three Months.
2337. ARTHUR JAMES HUMPHRIES and WILLIAM BURT were indicted for stealing, on the 27th of August, 1 coat, value 2l.; 3 waistcoats, value 15s.; 1 card-case, value 1s.; 1 lancet, value 2s.; 1 handkerchief, value 4s.; 1 pair of trowsers, value 5s.; 1 hat, value 15s.; and 1 pair of gloves, value 1s.; the goods of James Seymour Leeson; and that Burt had been before convicted of felony.
JAMES SEYMOUR LEESON . I live in Finsbury-square and in Chiswell-street. On Thursday afternoon, the 27th of August, between three and four o'clock, I was in my surgery, in Chiswell-street—in consequence of information from Burgess, I looked, and missed my frock-coat, handkerchief, trowsers, and other things, from the parlour behind the surgery—I had seen them safe about half-past three o'clock in the afternoon.
JOHN BURGESS . I am an errand-boy to a person in Chiswell-street. About half-past three o'clock, on the 27th of August, I saw Burt and two others standing at the corner of Type-street—when I looked towards Mr. Leeson's surgery, Humphries was peeping in at the door, and soon after I saw him coming from Mr. Leeson's with a coat on his arm—he walked down Type-street, and another young man that was with Burt went with him, and felt in the pockets of the coat—I then looked towards Mr. Leeson's, and saw Burt coming from Mr. Leeson's with a pair of trowsers, a waistcoat, and handkerchief—he came and asked me where Mr. Williams, the tailor, lived—I gave information directly.
Cross-examined by MR. PAYNE. The person who you say was Humphries came from the door with the coat, and gave it to the other man? A. Yes—that person is not here—Humphries was looking in at the door when I first saw him.
Burt. Q. Do you know who took the waistcoat? A. I saw you with
them when you came to me—I would have given you into custody if I had been able to leave my master's shop.
Burt's Defence. I was not near the place at the time.
HUMPHRIES— GUILTY . Aged 20.— Confined Six Months.
BURT— GUILTY . Aged 19.— Transported for Fourteen Years.
MR. CLARKSON conducted the Prosecution.
JAMES HENRY SIZELAND . I am foreman to John Bird, a watchmaker, in St. John-street, Clerkenwell. On the 7th or 8th of April I received a letter, purporting to come from the prisoner, in consequence of which I sent a written answer—MR. Bird was at that time out of town—he returned on the 8th of April—on Thursday, the 9th, I went to the prisoner's house, in Spencer-street, Clerkenwell, between ten and eleven o'clock, and took with me half-a-dozen gold watches—he selected two, and said he wanted them for a customer, he would show them to him, and give me an answer in the afternoon—I cannot be positive whether he said the time, but I think he said about two o'clock—he did not return an answer that afternoon—I called that evening, but did not see him—the day alter he called at the counting-house and saw Mr. Bird, and asked permission to keep them till Monday—he said the customer had seen them, but as they were for his wife he wished her to see them, and he was to return them on Monday, at two o'clock—he said they were in the country—on the Monday afternoon I called, and did not see him—he was denied—I called twice, and the third time I called they said he was not at home—I said I would see Mrs. Evered, then the prisoner came, and asked me to walk up stairs—I went up with him, and asked him if he had got the watches—he said no, but he would write by the mail, and send it in a parcel, it being too late to send a letter—on the Tuesday the watches were applied for again—MR. Bird called on him once or twice, but did not see him, but left a message with his wife, and that produced a note—MR. Bird and myself both went on the 15th, but we have never got them back.
Cross-examined by MR. BODKIN. Q. You knew the prisoner, and where he lived? A. Yes, I had dealt with him myself—he had a silver watch shortly before, which he returned—he had two watches in an unfinished state, to look at the size, at the time he had these, which he returned, he was not offered a watch for 25l., that I know of.
MR. CLARKSON. Q. If he had not represented to you that he wanted these watches to show a customer, and would return them in the evening, should you have parted with them? A. No—they were worth 27l. 6s. he gave us the name of the person, Thomas Hardwick, a tea-dealer at Hitchin—I have the letter I received from him—he had not seen Mr. Bird before the watches were delivered—I delivered them to him for the purpose of showing them to a customer.
FREDERICK LINDER . I am a pawnbroker in North-place, Gray's Inn-lane. On the 9th of April the prisoner came to me and brought a gold watch, which is here—I think it was in the evening—he offered it to pledge—I advanced him 9l. on it—I believe this to be the same watch—there was another gold watch pawned the same day—the duplicate was written by
my young man—it is dated 8th of April by mistake—9l. was advanced on it.
HENRY JARVIS . I am a police-inspector. I took the prisoner into custody, he begged me to let him go back to his wife and family—I searched his premises, and found some duplicates in the second floor back-room, by which I traced the watches.
Cross-examined. Q. You found them in consequence of what he told you? A. Yes, he told me if I would look in his secretary I should find them.
THOMAS HARDWICK . I am a tea-dealer, at Hitchin. I have known the prisoner some time—I ordered some gold watches from him in the early part of the year, it may be about six months ago—he sent no gold watches to me, I never received any—I have a watch that I received from him some years back.
Cross-examined. Q. Is he a man with a family? A. Yes, I know him as dealing in watches.
---- WAKELY. I was present at the prisoner's examination—I saw him put his name to a statement, and saw the Magistrate sign it afterwards—it was read over to the prisoner, this is it—(read)—"the prisoner says I had the order for two watches from Mr. Hardwick of Hitchin—I owed him 9l.—I made him a watch some years ago, he wanted a gold one—I applied to Mr. Bird for watches, and had a note from the foreman—I did not get them with intent to pawn them, but I had them a few days, and was in want of money, I pawned one, but that not being enough I pawned the other."
GUILTY. Aged 33.—Recommended to mercy. — Confined Six Months.
GUILTY. Aged 20.—Recommended to mercy. — Confined Three Months.
(The prisoner received a good character.)
JOSHUA WALKER . I keep a livery-stable in Princes-mews, Hanover-square. The prisoner was a helper there, and was discharged on the 28th of August—I have lost two saddles and three bridles—I had taken this bridle off a mare at eleven o'clock the evening before.
THOMAS STEWART ROGERS (police-sergeant C 5.) I went with the prosecutor, and found the prisoner in a public-house in Oxford-street—I took him to the station-house, and found this bridle in his hat, on the morning after the robbery.
Prisoner's Defence. I had the bridle given to me.
GUILTY. Aged 20.—Recommended to mercy. — Confined Six Months.
2341. JOHN EAGER was indicted for stealing, on the 9th of September, 1 handkerchief, value 2s., the goods of Thomas Peters, from his person, and that he had been before convicted of felony;to which he pleaded
GUILTY . Aged 14.— Transported for Ten Years.—Convict Ship.
GUILTY . Aged 17.— Confined Four Months.
2343. MARIA WELCH was indicted for stealing, on the 2nd of September, 3 half-crowns, 1 shilling, 1 sixpence, 3 pence, and 3 half.-pence; the monies of Frederick Smith, from his person; to which she pleaded
GUILTY . Aged 18.— Confined Four Months.
GUILTY .— Confined Five Days.
GUILTY .— Confined Four Months.
MARY TWYFORD . I am single, and live in Silver-street, Lisson Grove, I was at the street-door about one o'clock on the 11th of September—the prisoner came up and spoke to Ann Pickering, and asked to go backwards—I saw her come out and go away—I afterwards missed my shawl off a chair down stairs—it was brought back to me in half-an-hour.
ELIZABETH SMITH . I am a widow. I saw the prisoner come out of the house—Twyford then missed her shawl—she asked me and Pickering to go to the pawn-shops to stop it—we then saw the prisoner coming out of a public-house with the shawl under her gown and her hands before her, as if she was in the family-way—I went to her and took up her gown, and found the shawl tied in one knot, with the two ends in front of her—I gave her in charge.
HANNAH PICKERING . The prisoner came to me and asked leave to go backwards—I saw her come out—Smith and I saw her coming out of the Castle public-house—she looked very big, and I took the shawl from her.
FREDERICK BANNISTER (police-constable T 85.) I received this shawl from Smith; both she and Pickering said they took it from the prisoner, who said she never saw it nor any of them, till the shawl was given to me.
Prisoner's Defence. I never saw the shawl nor the woman till the shawl was in the policeman's hands—I was going to receive some bills—a tall woman, who is not here, came and insulted me, and said I had been talking to a man she lived with.
MARY TWYFORD re-examined. I am an unfortunate girl. I never heard of any squabble with any women and the prisoner, or of her having a man belonging to any of us, nor of her having any thing to do with a tall girl—I have seen the prisoner coming to the house where I live to see an unfortunate woman up stairs.
Prisoner. I did not—they came and molested me, called me all sorts of foul names, and said they would beat it out of me.
NOT GUILTY .
2347. MICHAEL CARTER was indicted for stealing, on the 10th of September, 7 spoons, value 3s.; 9 knives, value 6d.; 2 forks, value 6d.; 1 plate, value 1s.; 1 pail, value 1s.; and 2 baskets, value 1d.; the goods of Robert Dallinger Markham.
ROBERT DALLINGER MARKHAM . I keep a school at Bridport Hall, Edmonton. From information I received, I went to the prisoner's lodging, in a cottage which joins my grounds—I found in his bed chamber some spoons and knives and forks, which we had missed a little time before—the prisoner never was in my service in any way—some other articles were found there belonging to my pupils.
Prisoner's Defence. I was working for Mr. Booth Smith—I found these things wrapped up in two handkerchiefs in a field next to the prosecutor's play-ground—I told my wife if she found any owner for them to give them to them—they remained in my house from about June.
GUILTY . Aged 38.— Confined Four Months.
GUILTY . Aged 38.— Confined One Month.
GUILTY . Aged 30.— Confined Nine Months.
GUILTY .— Confined One Year.
EDMUND DRAPER . I am in the service of William and Thomas Draper, in Holborn. The prisoner came to the shop on the 11th of September—I observed him going out—he was stopped, and these four skins of morocco were found on him—they are goat skins, and are my master's—I never lost sight of the prisoner till he was taken.
Prisoner's Defence. As I was coming past Day and Martin's a boy dropped them; I saw him running on; two grooms had hold of him; he said, "For God's sake, let me go;" they let him go; Vardy came up and took me.
GUILTY . Aged 17.— Confined Four Months.
Sixth Jury, before Mr. Sergeant Arabin.
ANN TILLEY . I am the wife of John Tilley, and lodge in the same house with the prisoner. I and his mother slept in the same room, and he on the floor—on the 9th of September this property was safe when I went to bed—the prisoner and the property were gone in the morning when I got up—he was afterwards taken—the basket has not been found—it was a little white market-basket—this is my shawl, and the one I lost—these stockings are mine also.
GUILTY . Aged 17.— Confined Three Months.
2353. GEORGE CROFT was indicted for stealing, on the 10th of September, 1 1/2 bushel of wheat in the chaff, value 10s.; and 6 sacks, value 4s.; the goods of Richard Booth Smith, his master; and that he had been before convicted of felony.
RICHARD BOOTH SMITH . I live at Huxter Farm, Edmonton. The prisoner was my labourer for about half a year, but I have known him a number of years—I received information from the police-sergeant, on the 10th of September, that he had found a quantity of wheat and a sack of mine in the prisoner's lodgings—I could not miss the wheat out of the bulk—the prisoner had been threshing wheat, and I believe the wheat found to be mine—these sacks are mine—he had no right to have possession of them—my wheat had been in an old barn at a distance—the prisoner and another were threshing there.
JAMES HARRISON (police-sergeant N 32.) I went from information to the prisoner's lodging—I found this sack there, with about a bushel and a half of wheat in the chaff in it—the other officer found these other sacks there.
MR. SMITH re-examined. These sacks are all mine—I never allow my men to take sacks home, unless they ask for a bushel of wheat or some potatoes, and then they may take a sack if they return it the next morning—I never allow my men to sell oat chaff.
Prisoner's Defence. I know nothing about the wheat; there was another man threshing there, and he could not say that I took the wheat out of the barn.
GUILTY . Aged 22.— Transported for Seven Years.
GUILTY . Aged 26.— Confined Six Months.
2355. SUSAN DOUGLAS was indicted for feloniously receiving, on the 16th of September, of an evil-disposed person, 1 whip, value 1l. 5s., the goods of Charles Griffiths and another, well knowing it to have been stolen; against the Statute, &c.
HENRY SWAIN . I am in the employ of Mr. Charles Griffith and his partner, whip-makers, in Hoi born. I missed a whip yesterday, about five minutes to one o'clock in the afternoon—it was worth 25s.—I missed it from the right-hand counter—I had seen it safe one minute before I lost it—it was stolen by a youth about sixteen years old—there had been no one there but him, and immediately he went out I missed it—that boy has not been found—I went to various pawnbrokers to see if it had been offered—I went to Mr. Wells, and the shopman was in the act of taking in the whip of the prisoner—that was about an hour and a half after I lost it—I said to the prisoner, "How do you come by this?"—she said she bought it in the morning, of a tall young man, in Monmouth-street; that he had asked 7s. for it, and told her it was worth 10s.; that she gave him 7s. for it; but that could not be true, as it was then safe in our shop—I have reason to believe, from what I have heard since, that the boy is the prisoner's son—while we were walking from Mr. Wells's shop to my employer's, the prisoner tore up some duplicates, and threw them into the mud—I met an officer, and gave her in charge—I told him he ought to take care of the duplicates—he took the pieces up, but he gave them to her again.
Prisoner. When you came to the pawnbroker's the young man asked if you could swear to the whip; you said no, but there was a person who could tell it, if I would go to your employer's shop, and said, "Have you any objection to go?"—I said, "No, I bought it of a tall young man, quite a stripling," and then you took me to the station-house—I told you it was twenty minutes past one o'clock when I bought it. Witness. No, you said it was of a tall young man, in the morning.
JOHN ROBERT DAVIS . About half-past two o'clock, yesterday, the prisoner came into Mr. Wells's shop, and offered this whip for pledge—while we were looking at it the witness came in and took it—he asked the prisoner how she came by it—she said she bought it of a tall young man, in the morning, in Monmouth-street—he asked if she had any objection to go with him—she said, "No,"
JURY. Q. What did she ask for it? A. She did not ask any thing on it—it was just taken up as the witness came in and took it.
Prisoner's Defence. If I have done wrong I am very sorry; what I have stated is correct; I have nine children, and they keep me at home to do for them.
GUILTY . Aged 46.— Confined Three Months.
2356. MARY WRIGHT was indicted for stealing, on the 8th of July, 1 watch, value 5l.; 1 watch-ribbon, value 3d.; 1 watch-key, value 3s.; and 1 sovereign, 10s.; the property of James Hopper: and JANE CHAPMAN , for feloniously receiving 1 watch, 1 key, and 1 ribbon, part and parcel of the same, well knowing them to have been stolen; against the Statute, &c.
JAMES HOPPER . I am a mariner, and belong to the Leeds. On the 8th of July I fell in with the prisoner Wright in the evening—I got into discourse with her, and went home with her to a place which, I believe, is called Pope's-alley—it was a small house, close by the Lebeck's Head public-house
—I saw no woman there hut Wright, and I slept with her in the room up stairs—before I went to bed I saw my money was safe, one sovereign and 12s.—I took off my trowsers, and my watch was in the fob—I got up about seven o'clock in the morning, and my watch was then gone, and all my money, but 2s.—I accused Wright of it—she denied all knowledge of it—she said I had neither watch nor money when I came in, but I had—I cannot tell whether the door was locked—she prevailed on me to breakfast with her—I took a cup of coffee, but my ship went off that evening, and I was obliged to go—I went to the north, and came back again, before I gave information, which was about a month or five weeks after—I then told the police-officer, and he found my watch—this is it—(looking at out)—my name is on the cap of it—I do not know any thing of Chapman.
Wright. You had no money nor watch, except 2s., which you gave me, and you tried to get out without giving me that. Witness. I found I had but 2s. left—I was both to give that, but she got my waistcoat, and would not let me have it till I gave the 2s., which I did—I had my watch and money when I went in.
THOMAS VESPER . I am a pawnbroker. I produce the watch which was pawned on the 9th of July in the name of "James Gardner"—I cannot say who by—on the 16th a person produced the duplicate, and said, "Mrs. Chapman says will you lend 5s. more on this watch?"—I did so, and gave her a new duplicate—on the 30th of July a person came and said the same words, and had 5s. more, and a new duplicate for 1l. 10s. in the name of "Mrs. Chapman"—I have known the prisoner Chapman for ten years—it is her I speak of—after that I saw her in August at my shop—I had then received information, and asked her if she had pledged the watch, or sent it to be pledged—she said, "Yes"—I asked if it was her property—she said, "No," it was left her by a person for security for money, and that she believed he was master of a ship—she said she did not recollect his name, and he had authorized her to pledge it if necessary.
EDWARD GEORGE STONE . I am a policeman. I was spoken to about this—I found the watch at Mr. Vesper's on the 26th of August—I told him it was stolen, and wished him to stop it—I sent a letter for the prosecutor to arrive as soon as possible—I then took him to a house where I thought the party that stole it was—he went, and saw Wright and two other females in the room—he beckoned to me, and told me Wright was the one—I told her I wanted her to go to the station-house with me—she said, "What for?"—I said, "This man gives you in charge"—she said, "I never saw the man in my life in my house"—the prosecutor said, "No, I don't say I have been in this house"—she then said, "I never saw him in my life"—she had moved four or five days before to another house—she was not in the house the prosecutor was robbed in—Wright was then examined, and when we came out she told me where Chapman lived—I went and found her at home—I said I wanted her to go a little way with me—she said, "What about?"—I said I would tell her, and when she came out, she said, "It is about a watch, is it not?"—I said, "It is"—she said, "I have had that five months, I had it from a tall man with a long nose, I showed it to a number of girls in the lane"—I then took her to Mr. Vesper's, and he said, "It is a pity to take her up, she has been a customer of mine for ten years"—when I asked her for the duplicate she took down a Bible and gave me the duplicate.
Chapman. I did not say 1 had had it five months, I only had it three months.
WRIGHT— GUILTY . Aged 33.
CHAPMAN— GUILTY . Aged 27.
Transported for Seven Years.
GUILTY . Aged 46.— Transported for Seven Years.
ELIZA DICKINSON . I am the wife of Thomas Dickinson—he lives in John-street, Workhouse-lane, Stepney. I know the prisoner by my husband bringing him home, and feeding him when he was out of employment—on the 3rd of September, the watch hung over the mantel-piece—I was going out, and met the prisoner coming in at the street-door—my little brother missed the watch, and fetched me from where I was at work—it is lost altogether—the prisoner got his living by making combs.
Prisoner. Perhaps there might be some other person come in, and the boy was gone to sleep.
WILLIAM CROW . I live in Potter's-court, Bow-common-lane. My sister, Eliza Dickinson, brought up the prisoner, and he sat down in a chair in her room, where I was—the watch was over the mantel-shelf—my sister went out, and in about two minutes the prisoner asked me for a light—I got him one, and met him about half-way across the room—he smoked his pipe for about three minutes—he then shook up his pocket, and said, "Let me see if I have got any change"—he pulled out of his pocket a band which goes round a hat—he said, "Is this any use?"—I said, "Yes, a little"—my little brother had it, and tied it round his head—the prisoner then said, "Do you like apples?"—I said, "Yes"—he said, "I will go and buy you some"—he then went down, and did not return—I missed the watch directly he was gone, and when my brother came home, I sent him to my sister—no one but the prisoner had been in the room.
Prisoner. You might have taken the watch yourself, and been afraid to tell your sister of it. Witness. I am sure I did not.
Prisoner's Defence. Such a lad as this ought not to be allowed to swear, for when he went to the office he kissed the book before a word had been, said to him—I am not guilty.
GUILTY . Aged 21.— Confined Three Months.
JOSEPH CLARK . I am one of the firm of George Marley and another. On the 6th of April, this order was brought by a little boy—I know nothing of the prisoner myself—I gave the goods to the lad, six pairs of half-fronts for boots—they were worth 18s. 6d.—the order is signed "J. Peyton," who is a customer of ours, and believing it to be genuine, I gave the boy the goods.
(Order read.)—"Messrs. Marley and Co. April 6, 1840. Please to send by the boy half a dozen footings, the same as you sent on Saturday, For J. Peyton, 2, Upper King-street, Bloomsbury.
"To Messrs. Marley and Co., Dean-street, Soho."
THOMAS BROWN . I live with my parents. I took this order to Mr. Clark's—the prisoner told me to take it—I had known him before—he told me to go and get the things, and what I got I was to bring back to him—I got some leather at the shop, and gave it to the prisoner—he gave me 6d.
Prisoner. I never saw that boy before—where was it I gave it you? Witness. In Monmouth-street—you sold them in Connell's shop, I believe.
JOSEPH PEYTON . The prisoner is a cousin of mine, but I have very little knowledge of him—he might know that I dealt with Mr. Clark—I did not authorise him to go to him for goods—this order is not my writing, nor is this name my writing—it is not a genuine order.
Prisoner's Defence. I did not write this order—I know nothing of it.
GUILTY of Uttering. Aged 24.— Transported for Seven Years.
OLD COURT.—Friday, September 18th, 1840.
Third Jury, before Mr. Sergeant Arabin.
2361. THOMAS FREDERICK GUNN was indicted for stealing, on the 16th of September, 26 spoons, value 6l. 10s.; 2 pairs of sugar-tongs, value 10s.; 2 bags, value 2d.; 2 shillings, 4 crowns, 7 half-crowns, and 40 shillings; the property of Ann Robinson, in her dwelling-house; to which he pleaded
GUILTY .— Confined Nine Months.
(The prisoner received a good character, and was recommended to mercy by the prosecutrix.)
2362. THOMAS RAYMENT and ROBERT PHILLIPS were indicted for breaking and entering the dwelling-house of George Garner, on the 13th of September, at St. Leonard, Shoreditch, and stealing therein, 2 coats, value 17s.; 1 scarf, value 2s.; 12 watch-keys, value 1s.; 2 seals, value 12s.; 2 shirts, value 4s.; 2 pillow-cases, value 1s.; 1 petticoat, value 1s.; 1 parasol, value 6s.; 1 umbrella, value 1s.; 8 cruets, value 4s.; 1 pair of spectacles, value 1l.; 2 images, value 1s.; 18 necklaces, value 6s.; 15 rings, value 12s.; 3 breast-pins, value 5s.; 7 pairs of ear-drops, value 14s.; 8 brooches, value 11s.; 3 split-rings, value 3s.; 6 studs, value 1s.; 1 veil, value 2s.; 1 snuff-box, value 5s.; and 1 pair of salt-holders, value 4s.; his property.
WILLIAM CLAY . I am a policeman. On the 14th of September, I met the prisoners in Whitechapel-road, about eight o'clock in the evening—I was in pursuit of them for another robbery—I stopped Phillips and commenced searching him—there was another man with them, who ran away—I found a waistcoat in Phillips's coat-pocket, and a gold ring in his trowsers pocket, and at the station-house I found four other rings and a pair of ear-rings in his trowsers' pocket—he said he had bought them, that they were no good, he could not tell the move.
JOHN GOZEE . I am a policeman. I was in company with Clay—I searched Rayment in the station-house, and found on him three finger-rings, two pairs of ear-rings, a knife, a blue necklace, three tops of ear-rings
and a duplicate—I asked him where he got the jewellery from—he told me he bad been down the lane, and had given 15d. for it—I suppose he meant Petticoat-lane—after I had searched him, I saw a ring on his finger—I discovered this robbery the next day, and showed the prosecutor the articles.
GEORGE GARNER . I live in Goldsmith Terrace, Hackney-road, in the parish of St. Leonard, Shoreditch. I went out at seven o'clock on Sunday evening, the 13th of September—I left the house all fastened up, and shut the door after me—I left no one there—I returned at a quarter-past ten o'clock—I found the front-door as I had left it—the back-door was unbolted and open—I had left it bolted—it must have been unbolted from the inside—I suppose they got in at the front-door by a false key, as the house was not damaged—I had my key in my pocket—these articles are my property, and are worth 6l. altogether—as I went out that evening, I observed two persons loitering about the door—I believe them to be the prisoners by their dresses and appearance—they were just coming up to my door as though they were about knocking—I am in the habit of going out on Sunday evenings about that time.
Rayment's Defence. I was going down Petticoat-lane between twelve and one o'clock last Monday, and met a man with a parcel—he said he had several articles to sell—I picked these things out and gave him 2s. for the lot—this young man was with me at the time, and he picked some out of what I had bought, and gave me 9d. for them.
Phillips's Defence. I met Rayment; he went up to the man who said he had some things to sell cheap, and bought some of him, I bought the rings and things of him for 9d.
RAYMENT*— GUILTY . Aged 21.
PHILLIPS*— GUILTY . Aged 18.
Transported for Fifteen Years.
Before Mr. Recorder.
2363. JOHN WHITE was indicted for burglariously breaking and entering the dwelling-house of William Thomas Larkcombe, about the hour of three in the night of the 16th of September, with intent to steal, and stealing therein, 3 shells, value 2d.; 2 pot-stands, value 6d.; his property: 1 wine-glass, value 2s.; 2 glass tumblers, value 4d.; 1 shawl, value 6s.; 1 gown, value 6d.; 1 jacket, value 6d.; 1 pepper-box, value 4d.; 2 aprons, value 8s.; 1 veil, value 2d.; 1 collar, value 1d.; 1 cap-border, value 1s.; 1 towel, value 3d.; 1 shell, value 1d.; and 2 ornaments, value 2d.; the goods of Catherine Bryant.
MARY ANN LARKCOMBE . I am the wife of William Thomas Larkcombe, and live in Sun-court, King David-lane, Shadwell. Early in the morning of the 17th of September I heard a person walking about over head—I think it was about three o'clock—I afterwards heard steps come down stairs and go up again—Catherine Bryant lodges up stairs—I went up at half-past five, naked, and saw a man at the top of the stain—I called my husband for my petticoat, and the moment he saw me he threw himself on his stomach at the foot of the bed—I missed every thing off the shelf, and said to the man, "You are not tipsy, tell me what you have done with the things"—it was the prisoner—he would not answer—I found these two pot-trays in his bosom, and these two ornaments in his trowsers' pocket—I awoke Bryant, and she missed her things—I said, You had better get a policeman"—he still said nothing, but when the policeman was gone
for, he said, "Let me go"—I said, "No, I will not"—he said, "For God's sake, let me go"—I said, "No"—he said, "Let me go to get a drink of water"—I said, "No"—the policeman then came, and he put his head down on the bed, and pretended to be just as stupid and sleepy as ever.
Prisoner. A woman took me to the house—I was tipsy, and took the things off the mantel-piece, but did not know what I was about—I did not mean to keep them. Witness. I did not sleep in that room, I was in bed with my husband—I at first heard a snoring, which I thought was Catherine—I then heard a man walking about, and went up and found him—my husband rents the house—when I went to bed Bryant was out, and I left the string of the street door out, and that is, I suppose, how he got in.
CATHERINE BRYANT . I am an unfortunate woman. I went out on this morning, and saw the prisoner on the step of a door in the street—I returned in about a quarter of an hour—he was then on the opposite side, trying the door and shutters of another house—I shut the door of our house when I went in, but forgot to take the string in, by which it could be opened from without—the door was latched, but by pulling the string the latch would come back—I went up to my room—there was a young man there—I was afterwards awoke by the landlady, and found the prisoner in the room, and saw a shell in his hat—I fetched a policeman, and missed these things—I asked the prisoner where they were—he would not tell me—I found a bundle under the bed tied up, ready to be taken away, with the articles missing in it—he pretended to be asleep, and tipsy.
Prisoner. She is the person I went home with. Witness. He did not—I never saw him till I saw him in the street.
WILLIAM ATFIELD . I am a policeman. Bryant called me to the house—I found the prisoner in the room up stairs—he appeared intoxicated—I saw the shawl taken from his hat, and a bundle under the bed—the women charged him with having tied the bundle up, to take things away—he pretended not to understand any thing—the bundle contained the articles stated—I believe it is a house of ill fame—my opinion is, that the prisoner was drunk—the sergeant considered so at the station-house, for he could not tell his name—I found no money on him.
Prisoner. I had 3s. 6d. in my pocket—when I came down I asked for my money, and they said they had not taken it.
NOT GUILTY .
2364. BENJAMIN THOMAS PHILLIPS was indicted for stealing, on the 29th of August, at St. Andrew, Holborn, in the dwelling-house of Samuel Mills, 1 watch, value 10l.; 2 neck-chains, value 3l.; 3 necklaces, value 1l. 16s.; 7 pairs of ear-rings, value 3l.; 4 brooches, value 1l.; 10 rings, value 5l.; 3 snaps, value 1l.; 7 shawls, value 2l.; 10 handkerchiefs, value 14s.; 5 scarfs, value 3l.; 2 pairs of stays, value 1s.; 10 yards of lace, value 1l.; 5 pairs of stockings, value 5s.; 1 inkstand, value 10l.; 2 ink-glasses and tops, value 1l.; 1 eye-glass, value 10s.; 1 cross, value 3s.; 1 miniature, value 1s.; 1 spoon, value 2s.; 2 forks, value 2s.; 3 gowns, value 12s.; 3 bed-gowns, value 5s.; 2 boxes, value 3s.; 1 breast-pin, value 3l.; 1 veil, value 15s.; 3 yards of fringe, value 2s.; 1 trunk, value 10s.; 2 music-books, value 5s.; 1 table-cloth, value 3s.; and 2 salt-holders, value 9s.; the goods of Francisco de Pina de Melo: and JANE ROBERTS , for feloniously receiving the same, well knowing them to be stolen; against the Statute, &c.
MR. PRENDERGAST conducted the Prosecution.
MARGARETTA DE PINA DE MELO . I am the wife of Francisco de Pina de Melo. I have lived at Portsmouth, but not for some years—I boarded at Mr. Mills's, No. 67, Hatton-garden, for a month—I afterwards went to live in Hatfield-street, Blackfriars-road—I was going to the house of Dr. Rigby, in Spring-gardens, on a Saturday, I think it was the 29th of August—I was standing at the end of Stamford-street—my niece stopped me, on account of a horse, from crossing, but a person came to me and forcibly led me across the way—I have lost my sight—he then kept my arm, and said he was going my way and would direct me—I had not told him I was going to Dr. Rigby's—I asked who and what he was, whether he was a policeman, I wished to know who was assisting me—he said he had lost one eye, that he had been blind, and felt so much afflicted at seeing a person in the same situation, that he had offered to assist me—my niece is only thirteen years old, and was afraid to say any thing—I asked him how he got his living—he said he worked at the Bolt-in-Tun inn, at the Portsmouth coach—I said, "Oh, we are going down by that coach"—he said he was the Portsmouth coachman—I said I had a trunk at Hatton-garden—he said he should drive the coach, and should think it no trouble to take my luggage, whatever it was—I said it was very little, that it was at my landlady's, in Hatfield-street—he inquired the nature of it—I asked if he was a porter, and if he had a ticket—he said, at his house they did not wear tickets—I said my trunk was at the house in Hatton-garden—he asked if I would allow him to fetch the luggage from Hatton-garden, as it would be more convenient to have it together, and convey it to Hatfield-street, but I declined allowing him—I had said that my niece was very small, and I wished them to take her at half price—he said he could arrange that, for, if he was not the proprietor, he was connected with the coach—he went as far as Dr. Rigby's with roe, and said, if I would allow him, he would see us back again, but my niece said he was dirtily dressed, on my asking her, and I asked Dr. Rigby's servant to send him away when he came to fetch us—when I got to Hatfield-street I told ray landlady what had occurred, and not to let him see me—he came there, and she sent him away—he came a second time, wishing to see me—I heard him tell the land-lady he wished to see me, as he had brought a receipt for the payment of the fare—it was the same voice—I did not exactly hear what he said, I paid very little attention to what he said—he pressed for the whole fare—I said I had a friend opposite the Bolt-in-Tun, and he would arrange about the fare—he asked me repeatedly on the road before, to give him the money, and at the house he said he could not book the place without the fare—I knew by his voice he was the same person who spoke to me in the morning—he asked the landlady to sign some paper to say he had been, and asked how to spell my name, as he should look foolish in booking the places without knowing that—she gave him a pen and ink, but we told him we did not wish him to book the places, and he went away—he asked the landlady to write something, and she did write something, I understand, and she read it afterwards—it stated that we did not know what day we should go, but it might be Sunday—I have only been a short time from abroad.
---- DE MELO. I am thirteen years old. I was with my aunt in Stamford-street on Saturday, the 29th of August—the prisoner, Phillips, offered to assist her over the way—I am sure he is the man—he walked
with us to Dr. Rigby's, and had conversation with her—he said he had been blind himself, and belonged to the Bolt-in-Tun—he said he belonged to the Portsmouth coach, and my aunt said she was going down to Portsmouth—when we went in to Dr. Rigby's we left him, and after we returned to Hatfield-street, in the afternoon, he came to the house—Mrs. Rudge was there.
PHOEBE RUDGE . I live in Hatfield-street. Mrs. de Melo lodged at my house—the prisoner Phillips came there on Saturday, the 29th of August—I saw him between twelve and one o'clock the first time—Mrs. de Melo had been out and was come home—he asked me if there was a blind lady lodging at my house, I said, "Yes"—he asked if she was come home, I said, "No," by the lady's wish, as she wished me to hear what he had to say—he said he had been to Dr. Rigby's with her, and had been round to his employer at the Bolt-in-Tun, to endeavour to get the little girl's fare at half-price—he produced a paper—I wished him to leave it—he said he must not leave it, for there was a receipt to it, and said, "Is the lady at home?"—I said, "No"—he said, did I think he should meet her if he tried to meet her—I said I could not say—he said, "Well, the best thing I can do, will be to go and get a pint of beer and smoke my pipe, and call again"—he left the house—he returned at half-past three o'clock, and said, "Is the lady come home?"—I said, "Yes"—he said, "Can I speak to her?"—I said, "I do not know; is that note for the lady?"—he said, "Yes"—I said, "Then give me the note, the lady cannot read it herself, I must read it for her"—he gave it to me, I read it—I do not exactly know what was in it, but it stated at the bottom, "Pay my man 12s. 6d., in part fare"—I read it to the lady, and returned it to him—he said, "Can I speak to the lady?"—I said, "Yes, you can speak to her, she is here at dinner"—I brought him to her—he said he had properly arranged that the little girl should go for half-price, that he belonged to the Bolt-in-Tun, and that was what they generally did for each other—he then pressed for 12s. 6d.—I said, "Really, ma'am, I should not pay it; you don't know the man, he does not look respectable; I would not trust him with 2d.;" and she did not pay him—I told him I knew that note was not written by a book-keeper, it was not like a gentleman's handwriting—he said, "I know that, it was my old governor that wrote it"—I said, "Who is your old governor?"—he said, "Why Henry Gray, don't you see his name?"—he said, "Well, I must not go back; if you don't pay me, you must deliver up the paper;" and I gave it him back—he wished a note should be sent to the proprietor, saying that the lady would not go—I asked the lady, and I wrote to say it was quite uncertain what day she would go, and he went away—he had some conversation with the lady—he said, "If you will not trust me with the money, I will pay it myself, for I will take great care she shall go"—he wanted pen or pencil, that she might ask for him when she came to the Bolt-in-Tun—he said, by asking for him he should get 2s. of the passage, and 1s. from the proprietor—I do not know whether the prosecutrix's name was written at all—I cannot say her name was not put at the bottom of the note—he wrote nothing in my presence—I was not in the room all the time, but the prosecutrix's name was mentioned to him—I generally called her De Pina.
Cross-examined by MR. PAYNE. Q. Was she ever called De Melo? A. Certainly.
de Melo had been staying at our house—on Saturday afternoon, the 29th of August, about half-past four o'clock, the prisoner Phillips came to our house, the servant saw him first—I took him up stairs into the room Mrs. de Melo had occupied, to bring her box down, as my sister said, in his presence, "This man has come for Mrs. de Pina's box; she is going to Portsmouth, either to-night or the following Monday; you know which one it is, will you give it to him?"—I showed him the box, which was a white hair trunk—this is it—(produced)—he asked for a small piece more cord, and corded it up—he said the box might break in the street, and he said, "It is not like you and I that can see, but she can't see, and she does not know what might become of her things"—he said he had got her carpet-bag and a little hamper at the booking-office—he said the hamper would hold about a dozen bottles of wine—he said Mrs. de Pina had been to his master's that morning, to ask if he could get a confidential person to carry her box, and he was picked out, as having been there fifteen years, and it was time he should be trusted—he said he was to take the things to the booking-office of the Bolt-in-Tun—he took the box away—I went to the bottom of Hatton-garden with him, as I was going to Mrs. de Melo—he told me my nearest way was to go up Farringdon-street, which was correct—he said she was in a hurry, and I was to bring her to the Bolt-in-Tun, as she did not like to trust the little girl—I went to be her guide there—he said he should take the box straight to the Bolt-in-Tun—he said she was going down by the mail, and would get there much sooner—I know the contents of the box, as I had helped her to pack them the day before.
MART HUSSEY . I am servant to Mrs. Mills. On Saturday afternoon, the 29th of September, the male prisoner came to the House, and asked me if Mr. Mills was at borne—I said he was not, but Mrs. Mills was, and asked if I could deliver any message to her—he said yes, he had come from over the water, from Mrs. Pina, and be spelt the name to me, Pina—he said he came for her trunk, and that Mrs. Pina had desired him to ask if Mrs. Mills would be so kind as to let one of her children go with him to go with her to the coach-office, as she was going to Portsmouth—he asked me if Mrs. Pina was not there yesterday, packing up her things, and I said, "Yes"—I saw him go up stairs for the box—he did not show me any paper.
WILLIAM NORTH . I am inspector of the police at Gravesend. On Tuesday morning, the 1st of September, I saw the two prisoners—I had received information, and seeing the male prisoner come out of the King's Head public-house, Gravesend, about eight o'clock in the morning, I told him I had received information of a gentleman losing his watch, and must take him into custody—I had heard of this robbery also—I sent him to the station-house by Taylor, the policeman—I then went to the King's Head, and waited there till the female prisoner came down stairs—I told her I had received information that a gentleman had lost his watch, and suspected she knew something about it—she said she knew nothing about it—I said nothing about this charge to her—I searched her, and found only 1d. in her pocket—I asked where her bundles were—she said she had left them with the person of the house—two bundles were brought to her—I said, "Are these your bundles?"—she said, "Yes"—I took possession of them—I opened them, and found these things, which have since been claimed as the prosecutrix's—I said, "You have had some very good things in your time'—she said, "Yes, I have"—I said, "How did you come by such things?"
she said she had bought them at different times—that was in reference to the jewellery—I took up the dial of a watch, and said, "Did you ever see the watch belonging to this?"—she said, "No, I never did, that belonged to my grandmother, and has been gone many years"—I took up some mourning ear-drops and rings—she said, "They are what I had for my poor mother when she died;" here is more than one suit of mourning jewellery—I said, "Here is a mourning ring, what is there on it?"—she said she had forgotten—there is an inscription on it, "Elizabeth Taylor"—I took her in charge, and ordered her to be locked up—I then called the male prisoner into the station-house, and asked him his name, and where he came from—he said he came from Westminster—I forget the name he gave—it was not his right name—I said, "What are you?"—he said he worked at a wine-merchant's—I asked his master's name—he did not choose to say—I said, "Where does he live?"—he said, "I might as well tell you his name as where he lives"—I said, "Where is the woman that was with you yesterday?"—he said he had left her in bed at the King's Head—I said, "Is she your wife?"—he said, "Yes, I have been married to her these four years"—I heard his brother and father say, in his presence, that they were not married, and the female prisoner said she was not married, the female prisoner said that evening that there were handbills out about the trunk that was lost in London, that while she was in at a pawnbroker's to pledge a scarf, she saw the policeman come in with a handbill, and she saw it was about a trunk—that she went back to the male prisoner, and told him of it, and they directly left and went to Green-wich, and then on board a Gravesend steam-packet to Gravesend—I went to the west end to see if I could get a hand-bill, which I did, and gave information at No. 67, Hatton-garden, and on returning home the female wished to say something to me—she said, "It is no use, I may as well tell the truth"—I said, "I don't wish to hear any thing"—she said, "I had rather tell you"—I said, "I will give you pen and paper, and you can write what you like"—I went to her in about an hour—she said she had written a line or two, but was so agitated she could not write more, but would tell me the pawnbrokers' where the property was—she named several at Greenwich, Pimlico, Tothill-street, and various places—I went to the pawnbrokers', and found the property, as she said—she said the trunk was brought home by Phillips on the Saturday night, and was in his room, at No. 20, Ann-street, Westminster—I went there, and found this trunk in the room, under the bed—these papers were in it—she mentioned pawning three gowns at Jones's, near the Queen's palace, Pimlico; and at Denman's, a coral necklace and scarf; and about four doors from there, a silver ink-stand, two forks, and a table-spoon—she said they had destroyed all the duplicates, and could not give a better account of the pawnbrokers—opposite Astley's theatre, she said, was a cloak, a shawl, and two large night-gowns, for 8s.; and near the College, at Greenwich, two silver salt-stands, for 5s.—I found, on inquiry according to those directions, the things she had mentioned, except that Denman's was Debenham's—I had made her no promise or threat in the least—here are the few lines she wrote.
Cross-examined. Q. You could not make any thing out of this paper, I suppose? A. No—I do not recollect how the conversation about the handbills began—I was about to state this to the Magistrate, but it was not followed up—I did not refuse to hear the conversation—the King's Head public-house is in King-street, on the Dover-road—I asked her no
question about the handbill—I do not believe I asked her any thing about it—I had not heard of the handbill before—I think it was her own statement—I cautioned her as to what she did say—it took place in the gaol—I believe nobody was present.
Prisoner. Q. Was the information correct concerning the robbery of the gentleman's watch? A. A watch was taken by the female prisoner to Gravesend—I found nothing on either of you relating to that.
EDWARD TAYLOR . I am a police-sergeant. I took charge of Phillips after North had apprehended him—I found in his hat a white handkerchief, a habit shirt, and black veil—he said they were his wife's, and he did not know any thing about them.
FREDERICK ANDERSON . I am a jeweller, and live in High-street, Gravesend. I saw the female prisoner at my shop on Monday evening, the 31st of August—she produced this watch, and left it to be repaired—it is a gold repeater, and has a gold chain—she said she should want it on the Saturday, and wished it to have a hand exactly similar to the hour-hand—I was to set it to rights, and to be particularly careful with it, as it was left her by her grandmother—after taking her address, she said she had been staying at Gravesend longer than she expected, and they had run short of money, would I lend her 2l. on the watch till Saturday, which I did—the gave her address, "Mrs. Roberts, 20, High-street"—I gave information to the Inspector on finding, half-an-hour afterwards, that 20, High-street, was the Kent Hotel—the watch and chain is worth about 10l.—I dare say it cost fifty guineas when new, but so many are imported, they are of less value—the chain is worth about 4l.—I include that in the 10l.—the watch would not fetch above five guineas—it is out of fashion, and a jeweler would not give more than 5l. for it—these diamonds in it are worth about 6d. each—perhaps it has been made twenty or thirty years—it is a repeater, but the value of a thing is what it will fetch—there are above a hundred diamonds.
HENRY AMBROSE . I am waiter at the King's Head public-house, Gravesend. The prisoners came there between seven and eight o'clock on Monday night, the 31st of August, in company, and slept together—I saw them soon after very tipsy.
SAMUEL SMITH . I am shopman to Mr. Debenham, a pawnbroker, in Queen's-row, Pimlico. I have a scarf and coral neaklace pawned by the female prisoner on Monday, the 31st of August, about ten o'clock in the morning—I asked whose they were—she said they were her own.
ROBERT GARY . I am in the service of Mr. Priest, a pawnbroker, at Pimlico. I have a silver ink-stand, a dessert spoon, a dessert fork, and table fork, pawned by the female prisoner, on Saturday evening, the 29th of August—she had not pawned any thing with us before—there is a crest on the plate—I questioned her, and she said it was her property, that it was her crest, and she lived in Eaton-square—it is only part of an inkstand—the glasses are not there.
Cross-examined. Q. Are not the houses in Eaton-square very large? A. Yes, she was dressed like a lady—I have not been long in business—my employer was in the shop—he has been many years in business.
THOMAS MARSON . I am in the service of Mr. Delaney, a pawnbroker, in Church-street, Greenwich. I produce two silver frames, which may have belonged to an ink-stand, but I took them in as a pair of salts, which they very much resemble—they were pawned by the female prisoner on the 31st of August, for 5s.
MARGARET PARKER . I am the wife of the last witness. The two prisoners lodged at a house of ours, No. 20, St. Ann's-street. Last Thursday week North came to my house, and I saw him take possession of a white hair trunk—he took it from the back-room, which the prisoners used to live in—it was occupied by them exclusively.
Phillips. Had I entire possession of the room up to the time the officer took the box? Witness. Yes, nobody else had the key to my knowledge.
E. W. MILLS re-examined. I saw the things packed up in the box, and know all these articles—they belong to the prosecutrix—I know the silver ink-stand, and all the articles—I am certain of them.
Phillips's Defence. There is another party who ought to be here instead of me—he broke the box open and took the things out.
(Elizabeth Kirby, wife of a coachman; and Katherine Alder, wife of a stay-maker, No. 240, High Holborn, deposed to the prisoner Roberts's good character.)
PHILLIPS— GUILTY . Aged 23.
ROBERTS— GUILTY. Aged 24. of stealing, but not in the dwelling-house.—(Roberts was recommended to mercy.)
Transported for Seven Years.
NOT GUILTY .
NEW COURT.—Friday, September 18th, 1840.
Sixth Jury, before Mr. Common Sergeant.
NOT GUILTY .
MR. ELLIS conducted the Prosecution.
RICHARD COLLER (police-constable B 110.) On the 19th of August, I was in Broadway, Westminster, at four o'clock in the afternoon—I saw the prisoner, who I knew perfectly well—I took hold of him—he thrust his hand into his left-hand waistcoat-pocket, tore it out, and put it into his mouth—I had a good struggle, and at last succeeded in getting the pocket out of his mouth—Davis came up to assist—I found five bad six-pences in the pocket—after that I got another sixpence from Davis.
Prisoner. A young man was talking to me, why did you not take him? Witness. I did not know him.
GEORGE DAVIS . I am a messenger of Queen-square Office. I was passing, and saw Coller struggling with the prisoner on the ground, with two or three hundred people round—I went to his assistance, and by nearly choaking him, Coller took the pocket from his mouth—I assisted in searching him at the Police Court, and a counterfeit sixpence fell from his trowsers.
Prisoner's Defence. A young man came up, and asked me to walk with him; I asked him where; he said he had six bad sixpences, which he asked me to pass; I said I would not, and asked him to chuck them away; I would have nothing to do with them. He asked me, as I was going over the bridge, to destroy them for him; I had scarcely put them in my pocket before the policeman caught me, and took no notice of the other man.
GUILTY .** Aged 20.— Confined Two Years.
KITTLE pleaded GUILTY . Aged.— Confined Five Days.
PRESTON pleaded GUILTY . Aged 22.— Confined Six Months.
MR. ELLIS conducted the Prosecution.
JAMES WILLIAMS . I live with my son, who keeps a public-house in Rosemary-lane. On the 31st of August the prisoner came, at half-past seven o'clock in the evening, and called for a pint of porter—he put down a shilling—I took it up, and showed it to my daughter-in-law—she said, "Is it good?"—I said, "It will do," and placed it on the edge of the till, so that it could not be mixed with any other money—my daughter gave him the change—as soon as he was gone, Hanstead, my bar-man, told me something; I looked at the shilling again, bit it, and ascertained it was bad—I went out, and caught the prisoner just going into another public-house, at the top of the lane—I turned him back—he tried to resist, and put his hand into his breeches-pocket—I seized that hand, and called the police—one of the police had just hold of him at the time—during the struggle two six-pences dropped from his hand—I saw them picked up—I gave the bad shilling to the sergeant.
Prisoner. I staid twenty minutes at your bar, and you drank out of the pint yourself. Witness. I drank, but you did not stop more than six or seven minutes.
JOHN TAYLOR . I am the bar-man. I saw the prisoner served, and looked at the shilling directly he left—I had seen it put on the edge of the till—I noticed it was bad directly he gave it—MR. Williams put it on the back shelf.
ROBERT TAYLOR (police-sergeant H 19.) Mr. Williams came to me—I followed the prisoner—he was stopped, and resisted very much—he put his hand into his left-hand trowsers' pocket, and pulled out something—I seized his hand, and he dropped it—Inch came up, and I told him to pick it up—I saw him pick up something, and he gave me these two sixpences.
ELIZABETH DURANT GREEN . I am the wife of Mr. Green. On the 26th of August the prisoner came to my shop and bought a small piece of meat, which came to 3d.—he gave me a sixpence—I gave him the change—I put the sixpence into the till—I had just cleared the till, and that was
the only money in it—he came again in a quarter of an hour, or twenty minutes, for half a pound of meat—he gave me half-a-crown—I gave him 2s., and he went away—I put the half crown into the till—there was no other money there but the sixpence—I gave the half-crown out to my servant, and she found it was bad—I gave it to the policeman—I have lost the six-pence.
GUILTY . Aged 49.— Confined One Year.
GUILTY . Aged 36.— Confined Two Years.
2371. JOHN RICHARDS was indicted for stealing, on the 10th of September, 1 purse, value 6d.; 8 sovereigns, 1 half-sovereign, 3 shillings, and 1 sixpence, the property of Manoel Joaquin Carniero da Cunha, from his person.—2nd COUNT, stating it to be from a man unknown.
JAMES CRESWICK . I live in New Compton-street, Soho. On the 10th of September, I was going from Compton-street to the Kent-road—passing down Macclesfield-street I saw the prisoner with two others in Gerrard-street, Soho—the other two have been tried—I am positive the prisoner is the man who was with them—it was between two and three o'clock—I was alone—they appeared in conversation, and having seen this prisoner and one of the others before in the neighbourhood, I looked at them, and I saw just before them the prosecutor and another gentleman walking arm-in-arm together—I saw one of the others put his hand into the prosecutor's pocket, and take out his purse—I saw the purse in his hand, and he put it into his own pocket—the prisoner was as close as possible to the prosecutor, on one side of him—he appeared to be covering the other—the prosecutor was pressed so closely on the side where his purse was not, that it caused him to look round on that side, while the other took his purse—the prisoner then walked about a dozen yards straight on past the prosecutor, he then turned round short, and walked back again towards Princes-street—I told the prosecutor he had lost his purse.
JURY. Q. Have you the slightest doubt of his person? A. Not the least—I had seen him in my neighbourhood very frequently—my object was to take the lad with the purse—I thought I could have the prisoner taken afterwards.
MANOEL JOAQUIN CARNIERO DA CUNHA (by an interpreter.) On the 10th of September I was in Gerrard-street, Soho, about two or three o'clock—I had my purse safe in my pocket from nine in the morning till that time—I then lost it—it contained eight sovereigns, one half-sovereign, and three shillings—it was taken from me—MR. Creswick came to me—I did not notice any one.
GEORGE FREDERICK PASHELL . I am a captain in the army. I was in Gerrard-street, walking with the prosecutor—I noticed no one but ourselves—I had knocked at the door of a lodging-house, and at the moment
the prosecutor turned, and said, "I Relieve I have been robbed"—I said, "Feel"—he did so, and his purse was gone—MR. Creswick came up, and pointed out a boy thirty or forty yards off—I ran and took him, and he gate the puree out of his pocket—there were a number of persons round.
JOHN WHALL (police-sergeant C 16.) I saw the prisoner in company with Hawkins on that afternoon between half-past three and a quarter before four o'clock—it wanted a quarter to four when I got to the station-house—I am confident the prisoner is the man, I have known him some time.
Cross-examined by MR. PHILLIPS. Q. Were you before the Magistrate in this case? A. Yes, and in the former case—I stated on both occasions that I saw the prisoner in company with Hawkins.
Prisoner's Defence. My uncle is partner with a person in Howland-street, Tottenham-court-road—his house is at No. 5, James-place, Hampstead-road. I was at his house from half-past one o'clock till half-past four last Thursday—I wanted to send there, but I could not write to my aunt to come—her name is Eliza Goodman.
(Joseph Shackle, police-inspector, was tent by the Court, and returned with Eliza Goodman.)
COURT to ELIZA GOODMAN. Q. Did a girl come from this Court to you before the officer came? A. Yes, she did.
Prisoner. Q. What time was I at your place last Thursday afternoon? A. I did not look at the clock—I told the officer it was Wednesday, but I was wrong.
Prisoner. Q. Was I not at your place all the afternoon A. You was there between three and four o'clock—I did not look at the time.
COURT. Q. Will you venture to swear to the day? A. I should not like to swear to the day, till I inquire of a washerwoman who was there.
Prisoner. Another aunt was there, whose husband is book-keeper at the Bull and Mouth, and her washerwoman can tell her the day I was there—I know nothing of this at all.
GUILTY.* Aged 21.— Transported for Ten Years.—(See page 812.)
GUILTY of a common Assault. Aged.— To enter into recognizances for One Year.
GUILTY . Aged 26.— Confined Three Months.
GUILTY on the 2nd COUNT. Aged 20.— Confined Three Months.
Before Mr. Justice Maule.
2375. WILLIAM BIGGS and DANIEL BIGGS were indicted for stealing, on the 1st of September, 1 ewe, value 1l. 10s., the property of George Johnson.—2nd COUNT, for killing the ewe, with intent to steal the carcase; to which WILLIAM BIGGS pleaded
GUILTY . Aged 50.— Confined Eighteen Months.
THOMAS FLETCHER . I am the shepherd of George Johnson, of Barking-side—he had two hundred sheep there—I saw them all right on the evening of the 1st of September, about six o'clock—I counted them next morning about eight, and missed one ewe—I searched for it, and found the skin in the lower part of the field, and the head attached to the skin, with the entrails, liver, lights, and feet close by it—I saw some mutton in the hands of the police next day—it was fitted to the skin, and I am sure it belonged to it, it fitted completely—I am certain it was the ewe I missed—there were no marks on it, but it was one which we had bred ourselves—it was two years old.
HENRY STAMMERS . I am a policeman. On Wednesday, the 2nd of September, I went to the house of William Biggs, who is the father of Daniel Biggs—he was not at home—I searched the premises, and found the mutton in a tub under the bed—there were no stairs to the house—it was the whole of the carcase of the sheep—there was a tub full—there might be some pieces missing—the shoulders and legs were cat as a butcher would do it, but the rest was in smaller pieces—I compared it with the skin produced by Fletcher, and it corresponded.
WILLIAM CLAPSON , I am a policeman. I was with last witness—a woman at the house was taken into custody—I searched the premises by myself next day, the 3rd of September, and found a brown sack—there were several large marks of blood, as if something bloody had recently been placed in it—some of it was not quite dry—the name of John Wilson, Barking, was on it.
SETH WRIGHT . On the 1st of September, about half-past nine o'clock in the evening. I saw the prisoners coming from their house down towards the top of the green, in a direction towards the prosecutor's field, not more than a mile from it—the father had a sack or bag under his arm—I knew them both.
Daniel Biggs. I think it was not quite so late as you say—I was going down towards my lodging. Witness. When they got to the top of the green I could not see which way they might turn—they might be going towards their lodging—the boy lives at Ilford, and not with his father—he might be going towards his own lodging.
Daniel Biggs. My father came to Ilford with me, and I left him there.
DANIEL BIGGS— NOT GUILTY .
Before Mr. Recorder.
2376. THOMAS GRIFFITHS and WILLIAM EAST were indicted for burglariously breaking and entering the dwelling-house of John Alphonso Doxat, on the 15th of September, at Low Layton, about the hour of three o'clock in the night, with intent to steal, and stealing therein, 1 sugar-sifter, value 10s.; 1 wine-strainer, value 1l.; 4 spoons, value 15s.; 2 pairs of boots, value 2l.; and 1 snuffer tray, value 1l.; his goods.
THOMAS GREEN . I am butler, in the service of John Alphonso Doxat, of Layton, in Essex, in the parish of Low Layton. On Monday the 16th of September I came down a little after six o'clock to open the house
—it might be ten minutes after, or it might be only six—I found the kitchen door unchained and unlocked, but not open—there was a bottle of orange wine on the mat close to the door—the store-room door was broken open—the lock had been burst—two holes were cut in the door at each bolt, top and bottom—by getting into the store-room they could get all over the house—I missed from the store-room a silver funnel, a snuffer-tray, tea-spoons from the kitchen, and two pairs of boots—about an hear after, the prisoners were brought to the house by the gardener—the constable came and took a silver spoon out of Griffiths's pocket, and a pair of boots were found on his feet, belonging to one of the young gentleman—he said they were his own—I found an old pair of boots left in the hall which do not belong to the house.
Cross-examined by MR. PAYNE. Q. Are you quite sure the place was shut up the night before? A. Yes—I did it myself, between 11 and 12 o'clock—I fastened all the doors and windows—I was the last person up—there is no place called High Layton, but there is a Laytonstone—John Alphonso Doxat is the proprietor of the house—the boots belong to his son, who has the same name.
ELISHA NOYCE . I am gardener in the prosecutor's service. I was in a field adjoining the house soon after six o'clock in the morning of the 16th, and saw the prisoners get over the prosecutor's wall, leading from the dairy to the lawn, in a direction from the house—they ran across the lawn and over the walk—I ran across the field and headed them—they got over a fence—I turned them back, and they ran towards Temple Mills, and hid themselves in a hedge—I lost them—I went to the railroad, and gave information, and saw the railroad men tracing them—before I could get up they were secured—I took a clasp-knife From the hand of East.
Cross-examined by MR. PAYNE Q. How far were you from them when they were getting over the wall? A. Three hundred yards then—I got within one hundred yards—I lost sight of them, and when I saw them again, they were about five hundred yards off—there were bushes about, but not trees.
GEORGE PEARCE BULL . I am the prosecutor's under-gardener. In consequence of what Green told me, I went after Noyce, and saw the prisoners about three-quarters of a mile from the house coming down a field from the railway—they passed me on the road—Griffiths had lime on his coat—I turned round and said, "You are the men I want"—they made a start, and got over the ditch—I attempted to get over the ditch—East put his hand in his pocket, and said, "You b———, if you come here I will stab you"—they crossed the marsh, and I after them—the railroad men took East, and I took Griffiths—before I got up to him he threw something away on his right hand, and something on the left into the river—a tea-spoon was picked up, and I afterwards went with the police-constable and found a gimlet exactly on the spot in the river where he threw something, and that exactly fitted the hole in the door—I saw the sifter found on him—I went to the river to a hay-stack, where" I first accosted them, and there found a pair of boots.
THOMAS MEREDITH . I am a constable. The parish is called Low Layton. I found a silver sugar-sifter on Griffiths, and a pair of boots on his feet—he said the boots were his own—I found a silver wine-strainer in the ditch in the field, in the direction Bull said they had run, and in the same field I found these five keys—I found in the river this gimlet,
which exactly corresponds with the marks on the door—there were several holes bored—it would take some time to make the holes—I also found the cut of a knife on the door, and the knife found on East corresponded with it.
Cross-examined by MR. PHILLIPS. Q. Is there a parish called High Layton? A. I do not know.
GRIFFITHS— GUILTY . Aged 18.
EAST— GUILTY . Aged 21.
Transported for Ten Years.
Before Mr. Sergeant Arabin.
GUILTY .* Aged 68.— Transported for Seven Years.
Before Mr. Common Sergeant.
2378. MARIA BUSH was indicted for stealing, on the 27th of August, 1 slide, value 3s.; 1 pair of breeches, value 5s.; 1 waistcoat, value 2s.; 2 pairs of socks, value 1s.; 1 teapot, value 1s.; 5 napkins, value 1s.; and 1 rug, value 1s.; the goods of John Grimmer Lamb, her master; to which she pleaded
GUILTY. Aged 17.—Recommended to mercy. — Confined Six Days.
Before Mr. Recorder.
JAMES SMITH . I am waiter at the Crown and Sceptre tavern, Greenwich. I lost two coats from a room there, from behind the door, I left them there on the 20th of August, tied in a blue handkerchief—the prisoner was occasionally employed on the premises—(produced)—these are them and the handkerchief—they are worth 1l.
EDWARD CURTIS . I am shopman to Mr. Nash, a pawnbroker, of London-street, Greenwich. On the 22nd of August, between one and two o'clock, the prisoner pawned these two coats, in the name of John Mills, Bell-street—he said they were his brother's, and being both of one size I did not suspect he bad stolen them—I lent him 3s. on them—they were not worth more.
Prisoner's Defence. I was going to Deptford, and saw a man who pulled me aside, and asked me to go and pawn the two coats; I said I would; he said he would give me 6d. He told me to ask 4s. on one, and 5s. on the other. I went to the pawnbroker's, and told him they were my brother's. I went out, and asked the man if he would take what they offered; he said, "Yes." I gave him the money; he sent me to get two sixpences for a shilling, which I did, and he gave me 6d.
GUILTY .** Aged. 18.— Transported for Seven Years.
(There was another indictment against the prisoner.)
NOT GUILTY .
Before Mr. Common Sergeant.
ELIZABETH MANN . I am the wife of Edward Mann, a sailor, living in Henry-street, Woolwich. About eleven or twelve o'clock, in the morning of the 7th of September, I saw my shawl safe on a chair in the room—I missed it in five or ten minutes after—the prisoners, who are marines, were at my house that day—they were not there when I missed it, but they were there after I had seen it safe, I am sure of that—this is the shawl—(examining one)—there was another young woman with me—the prisoners came to see a young man who was there—I am an unfortunate woman—they had neither of them been sleeping there—I cannot say exactly at what time they came, I think about eight o'clock—they went away between eleven and twelve—they had been sitting with another young man belonging to their company—I swear that they were the only two men that were up stairs.
Knox. Q. What was the reason you did not prosecute Daniel Gray? A. He was down stairs, and you two had been up stairs where the shawl was—Gray was not up stairs after I saw the shawl safe—he was not in bed with me.
JURY. Q. Did the prisoners go away together? A. Knox went first, and Quin after him.
MARY ANN FARAN . I am the wife of Edward Faran, and live opposite the prosecutor's house. On the 7th of September I saw a soldier throw a shawl from the window, and another caught it—I should not know the men again—they were two artillery-men—I believe this to be the shawl—the man who caught it took a handkerchief from his bosom, wrapped the shawl up in it, and went away with it.
Knox. Q. Could you tell whether they were horse or foot artillery? A. I could not; I only speak to the shawl.
KNOX— GUILTY . Aged 21.
QUIN— GUILTY . Aged 23.
Transported for seven Years.
RICHARD WATERHOUSE . I am a servant, at Greenwich. I was at Eltham on the 8th of September—I received a tap on my shoulder from the officer about half-past four o'clock—he had my handkerchief in his hand—this is it—it has no mark on it—I had it safe ten minutes before—the prisoner was between me and the officer.
SAMUEL WRIGHT (police-constable P 172.) I was at Eltham races, and saw the prisoner attempt several gentlemen's pockets—I watched him, he went behind the prosecutor, took his handkerchief from his pocket, and put it into his right-hand pocket—I took it from him.
Prisoner. I stood on one side of the gentleman, and saw the handkerchief
lying on the ground, and you took it up. Witness. I am certain you took it out of the prosecutor's pocket and put it into your own.
GUILTY . Aged 16.— Confined Six Months.
JOSEPH BROWN . I am a smith, in the dock-yard at Woolwich. On the 21st of August I received my pay—I went to the public-house, and was the worse for drink—I was after that in the Globe public-house, and there I forgot myself—I had five sovereigns in my pocket when I went there—I lost them—I had some silver left, that was all—my money was safe when I came out of the Globe—I might have been somewhere else afterwards.
JOHN WHITER . I am a pensioner. I was at the Roebuck public-house—I did not see the prosecutor there—I saw five sovereigns on the table—I picked them up, and a man who sat opposite me said there had been some poor man there very much in liquor; he had been telling his money, and had gone away and left it—I laid them on the table, and the man called the prisoner, who was waiter, and said, "This poor man has left his money, take them to the bar"—the prisoner took them to the bar.
GEORGE SHERRINGTON (police-constable R 167.) I went with the prosecutor's wife to the Roebuck public-house—the prisoner was not at home, and Mrs. Brown told me to sit down and wait—I did so, and she said to the prisoner, "What have you done with that money you took off the tap-room table, belonging to my husband?"—he said, "I have not taken the money from the table"—I then came out of the parlour and said, "What have you done with that money?"—he said, "I have not taken it"—I said, "You have by all accounts"—he said, "Just come into the parlour, and I will speak to you"—I went, and he said, "I have taken five sovereigns from the tap-room table; one I gave to Delaney, a stone-mason not to mention the circumstance, the other four I have bought clothes with, and paid some debts."
JAMES HARWOOD . I am the son of John Harwood, a clothier, in Church-street. On Saturday, the 22nd of August, I sold the prisoner a pair of trowsers, a shirt, a waistcoat, two pairs of stockings, and a handkerchief—he paid 1l. 8s. 3d. for them—he gave me two sovereigns.
FRANCES COLLINS . I am servant at the Roebuck public-house. On the following day, the Saturday, I saw the prisoner go out without a bundle, about half-past seven o'clock, and return with one in a blue handkerchief—I went up stairs and saw these new clothes on a table—I had seen a drunken roan going out, and, by his clothes, I believe it to be the prosecutor.
Prisoner. She cannot swear to him only by the back of his coat.
GUILTY . Aged 18.— Confined Three Months.
2384. MARY ROBERTS was indicted for stealing, on the 7th of September, 2 sheets, value 2s.; 1 counterpane, value 5s.; and 1 blanket, value 2s.; the goods of Edward Lane; and that she had been before convicted of felony.
ANN LANE . I am the wife of Edward Lane, and live in Giffin-street, Deptford. The prisoner and a man took a lodging at my house—I went into the room on the 7th of September, and missed this property, which is mine—(looking at it.)
Prisoner. My husband was out of work; he let her have 3s. 6d. on the Monday, and said he should go as far as Birmingham, and he hoped she would not pot us out for a fortnight or three weeks, and she said, "No." I was in distress, and was obliged to take these things; I told her where they were, and said the duplicates were in her cupboard.
GUILTY . Aged 40.— Confined Nine Months.
Before Mr. Sergeant Arabin.
GUILTY . Aged 17.— Confined Three Months.
Before Mr. Common Sergeant.
GUILTY .— Confined Three Months.
Cross-examined by MR. BALLANTINE. Q. Did you see the prisoner at all? A. I saw him that evening—I cannot say whether he was drunk—his manner did not appear extremely odd—I saw him at his own house in Cloth-buildings—I went there with the policeman—he had the waistcoat on.
Cross-examined. Q. What time was that? A. About half-past six o'clock—I should say he had been drinking—he was not so drunk but he was able to walk without assistance.
NOT GUILTY .
MESSRS. BODKIN and ESPINASSE conducted the Prosecution.
FRANCIS GEORGE BARR . I am the son of Stewart Barr, a grocer at Woolwich. On the 26th of August, the prisoner came between three and four o'clock for half-a-quartern loaf, and a quartern of cheese, which came to 6 3/4 d.—he offered me a 5s., piece—I went to my mother for change—I put the crown on the butter-board—it was there when I came back, and my mother took it.
marked it, and put it into my pocket, and next day gave it to the policeman—I kept it separate, and am quite sure it is the same.
Prisoner. Q. Did you give any body in charge for it? A. No.—I saw a young man passing, who I said I thought was in company with you, but he was not.
JAMES MORRISON . I am shopman to Mr. Trill, a draper at Greenwich. On the 26th of August, about five o'clock in the afternoon, the prisoner came to the shop for half an ounce of black sewing silk—it came to 10d.—he laid down a 5s. piece—I looked at it—it was bad—I returned it to him—he left—he said he knew the parties he had it of, and he would return again.
WILLIAM FRANCIS MERRITT . I am a linen-draper at Greenwich. On Wednesday afternoon, the 26th of August, the prisoner came to look it some stockings banging at the door—he bought a pair, they came to 6 1/2 d.—he tendered me a bad 5s. piece to pay for them, while I was rolling them up—I took it up, rung it on the counter, and knew it was bad, but did not let him see it—I said, "Have you got small change?"—he said he had not silver, but he thought he had halfpence enough, and he had but 4 1/2 d.—I then said, "You are aware this is a bad one?"—he said he was not, that he took it from a woman a little further down—I asked his name and where he came from—he said he came from over the water, first he said Westminster, and after that Knightsbridge—I came round the counter, sent for a policeman, and gave him into custody—I marked the crown-piece, and gave it to the officer.
GUILTY . Aged 22.— Confined Six Months.
Before Mr. Recorder.
2388. THOMAS CONNER was indicted for stealing, on the 1st of November, 1 watch, value 2l. 10s.; 2 seals, value 16s.; 1 key, value 3s.; and 1 chain, value 1s. 6d.; the goods of Thomas Weaver, from his person.
THOMAS WEAVER . I am a shoemaker, and live at Woolwich. On the 1st of November, 1838, I was at the Duke on Horseback public-house, and got into a fight there, after which I missed my watch—I saw the prisoner drinking there before I missed it, but not after—a man named Fowler, was my second—I have got the watch—I paid the pawnbroker for it.
WILLIAM GREEN . I was a watchman at Woolwich in 1838—I got a seal and key from Sarah Butcher—I was called to the Duke on Horseback by the landlady, and saw the prisoner Fowler, a marine named Heath, and three other marines there, while the fight was going on, and I saw Fowler and the prisoner leave Woolwich at two o'clock that morning.
house in Greenwich, with Fowler—I found on him a duplicate of a watch, in the name of Thomas Smith—they resisted, and the prisoner escaped—the duplicate has never been out of my possession—the watch is not here—the pawnbroker is absent who took it in—of my own knowledge, I do not know the duplicate has any relation to this watch.
NOT GUILTY .
Before Mr. Recorder.
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
Before Mr. Sergeant Arabia.
2392. MARY LYNCH was indicted for stealing, on the 30th of August, 1 watch, value 3l. 10s.; 1 watch-chain, value 1l.; 2 seals, value 9s.; and 1 watch-key, value 1s.; the goods of Phillip Garrod, from his person: and RACHAEL JONES , for receiving the same, well knowing them to hare been stolen; against the Statute, &c.
PHILLIP GARROD . I am a sailor belonging to the Gleaner, of Yorkshire. On Sunday morning, the 31st of August, I arrived in town from Hull—I was in Tooley-street that night, and met Lynch—we got into conversation, and I went home with her to Brewer's, turning Vine-yard—I am sure I had my watch when I went into the house—we had very little conversation—she asked me for money—I told her I had none—the asked me to leave ray jacket—I said, "No, I will leave my watch in pawn," but I did not give my watch to heir—she afterwards left the room, and was absent about four minutes, and when she came up she asked me for my watch—I felt for it, and it was gone—I am sure I had it when I went to the house—an alarm was made, the landlady of the house came up, and a policeman was called in—they searched the room, but found no watch—they searched over the house and presently the prisoner Jones came into the room—I had not noticed her before—she was not new my person, but the watch was found in her bosom (produced)—this is it—nobody but Lynch had been near me.
Jones. I went into the room, he was there by himself, and gave me the watch to take down, to leave for the girl and himself. Witness. I never saw her—I had had a little drop of drink, but knew what I was doing.
JOHN SHANNON . I am a policeman. On the Sunday in question I was called in, and found the prosecutor and Lynch there—the whole of the house was searched, but I could not find the watch—the prosecutor stated what he has to-day—I searched Lynch in the house, and found no watch—he persisted in saying she must have taken it, and while I was there Jones came into the house, and sat on a chair behind the door—I knew they were generally together, and had seen them twenty minutes before they met the prosecutor, together—I put my hand outside her
bosom, felt the watch, and drew it out—she said it had been left with her by a young man, to stop with her all night, and denied its being the prosecutor's at all, till she got to the station-house—the prosecutor appeared to be sober, and to know what he was about.
Lynch. I had been out in the yard, and did not see this young man at all; while I went down Jones went up, and he gave it to her, but I did not know it. I went up, and said, "Are you going to do as you said?" and he missed it; and when Jones came in, she said he had given her the watch.
Jones's Defence. When I came into the room he was there by himself, and said he had no money, but he gave me the watch to take down to the landlady; I went down, and there being a row, I went out in the street without giving it to the landlady, as she was in bed.
LYNCH†— GUILTY . Aged 21.— Transported for Ten Years.
JONES*— GUILTY . Aged 26.— Transported for Seven Years.
Before Mr. Common Sergeant.
GUILTY . Aged 18.— Confined Nine Months.
JAMES ALLEN . I am a baker, and live in Gravel-lane. The prisoner was in my service—it was his duty to receive money for my bread—he should pay me when he received it, and came home—if he has received 15s. from Thomas Beardshaw, he has not paid it to me—it was his duty to pay me.
Prisoner. When you gave me in charge you took 10s., and said you would settle it if I would pay the rest the next day. Witness. I did, but I gave him in charge afterwards—the policeman took the money—he asked roe to take his clothes and 10s., and he would settle it—he never paid me any money on the Monday—he paid me 1l. 15s. on the Wednesday, and left 1l., and on Thursday I received 1l. 15s. out of 2l. 15s., and 15s. more was due, which I never received—the officer told me, if I compromised I could not prosecute—he never settled his account twice a week with Mr. Beardshaw—I asked him every night whether Mr. Beardshaw had paid him, e said, "No"—I asked him on Monday, Tuesday, and Wednesday, and he did not give it to me.
THOMAS BEARDSHAW . I keep a chandler's shop, and deal with Allen I paid the prisoner every night for his master—I am not indebted any to Mr. Allen—I paid 1l. on Monday, 15s., on Tuesday, 15s. on Wednesday, and 15s. on Thursday—I could almost swear I paid him 1l. 5s. on Monday.
GUILTY . Aged 20.— Confined Three Months.
Before Mr. Sergeant Arabin.
2395. CATHERINE HERBERT was indicted for stealing, on the 31st of August, 1 gown, value 50s.; 1 shawl, value 15s.; 3 table-cloths, value 20s.; 3 shifts, value 12s.; and 1 sheet, value 10s.; the goods of William Bartlett; to which she pleaded
GUILTY .— Confined Three Months.
Before Mr. Common Sergeant.
ANN DUNN . I live at Newington. On the 28th of August these two bonnets were safe on the stand, inside my shop-window—about four o'clock in the afternoon I went out for a few minutes, and when I returned they were gone, and were in the policeman's hands—I can swear to them.
JOHN AGATE (police-constable M 46.) On the 28th of August I was on duty at Newington Causeway—a man came and spoke to me—I ran about 100 yards, and saw the two prisoners—they dropped these two bonnets be-tween them, tied up in this apron—I called to them, and they stopped—I knew them, and they knew me—I brought them and the bonnets to the prosecutor's shop—I am sure these bonnets fell from one of them—they were walking close together.
Driscoll's Defence. I saw the two bonnets by the door, and picked them up.
Humphries's Defence. I was coming with this little girl by the door, and picked up the bonnets.
HEMRY PICTON (police-constable M 175.) I produce a certificate of both the prisoners' conviction from the Clerk of the Peace's office of Surrey—(read)—the prisoners are the two persons who were convicted, and had three month's imprisonment.
DRISCOLL— GUILTY . Aged 14.
HUMPHRIES— GUILTY . Aged 12.
Transported for Seven Years.
Before Mr. Sergeant Arabin.
JOHN GREEN . I am a cheesemonger, and lire in the Old Kent-road. This cheese was safe on my window-board, outside my window—it was afterwards missed, the prisoner was taken, and the cheese brought back to me.
Prisoner. You was asked at the station-house if you had any mark on it, and you did not positively say it was yours. Witness. Yes, I did, it hat the mark of my dairy on it.
WILLIAM FORDHAM (police-constable M 262.) I passed the prose-cutor's shop, and saw the cheese safe—I just turned and saw the prisoner running—I went to the shop, and the boy said a cheese was gone—I ran after the prisoner and took him running away with it.
Prisoner. You know I was tipsy. Witness. You were not so tipsy hut you knew what you were doing.
Prisoner's Defence. I had walked from Tunbridge Wells—I had called on several persons and had some drink—I took the cheese wrapped up in the handkerchief of a girl who was with me—as soon as the officer came I said I had received it, and I would go back with him.
GUILTY . Aged 36.— Confined Three Months.
Before Mr. Common Sergeant.
MESSRS. CHAMBERS AND FORTESQUE conducted the Prosecution.
ROBERT CANNEL DAVEY . I am servant to Mr. Scott, of Mount-street, Lambeth. On Thursday evening, the 20th of August, the prisoner came and asked for a penny-worth of whiteybrown thread—he gave me a sixpence—I took it, and said it was bad—he said, "A bad one"—I said, "Yes," and asked where he got it—he said at Billingsgate, for carrying oysters—I was
told to fetch a constable—I laid the sixpence on a recess and went for a constable—when I returned the prisoner was gone—I afterwards saw him at the station-house, and recognized him immediately—I took the sixpence off the recess, and gave it to the officer—it was in the same place precisely—I can say it was the same.
Prisoner. You said I had a smock-frock on, and I never wore such a thing. Witness. Yes, he had—I am certain he is the same person.
ALFRED HALL . I am shopman to Mr. Kingston, a linen-draper, in Westminster-bridge-road. On the 24th of August, I saw the prisoner in my master's shop, about eight o'clock in the evening—he asked for a penny-worth of whiteybrown thread, and he gave me a counterfeit shilling—I had an idea that it was bad, but did not discover it decidedly till Mr. Kingston asked me if 1 had looked at it—I then saw it was bad, and went for a policeman—I gave the shilling to Mr. Kingston.
WILLIAM KINGSTON . The witness gave me the shilling—I saw the prisoner in the shop—he was the person who gave the shilling—after my young man was gone for a policeman, the prisoner told me he took it at Hungerford-market, for carrying oysters—I said, "Have you got any more?"—he said, "No"—he then threw the thread on the counter, and said, "I don't want your thread," and tried to go out of the shop—I said, "You are not going," and I took hold of him—he was very violent, and I think would have got from me, but one of my young men jumped over the counter, and pushed him some distance up the shop—he then threw himself on the floor—I saw him put his hand to his mouth, but I did not see any thing in his hand—the young man who had hold of his collar said, "He is swallowing something, sir"—the prisoner then began to kick, and was very violent—I said, "You had better take him into the bonnet-room at the back of the shop"—they took him there till the officer came—I then marked the shilling, and gave it to the officer.
JOHN JONES (police-sergeant L 14.) I went to the witness's shop, and took the prisoner—I received this shilling—I took the prisoner, and in going along he slipped under my arm, and dodged me under the carriages for five or six minutes—I secured him again—I found nothing on him.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 46.— Confined One Year.
WILLIAM JOBBINS . I am a baker, and live at Camberwell—the prisoner was my servant. On the 16th of September I marked some money, and amongst the rest two shillings—I put them in my trowsers' pocket by my bed-side—I got up at half-past three o'clock next morning, put on another pair of trowsers, and went to work in my bakehouse—I returned to my bed-room about five o'clock, and saw my trowsers had been moved, and 2s. were gone—the prisoner had been with me the greater part of the time
I was up, he had not been away from me more than two or three minutes—I went to the station-house about half-past seven—I described the marks that were on my shillings—the policeman and I searched the prisoner's box, and found them—these are the two shillings—(looking at them.)
WILLIAM ROACH (police-constable P 40.) I searched the prisoner at his master's shop—I found nothing on him—I then searched his box in his bed-room, and found these two shillings—the prosecutor had described the marks on them before—I believe the box was not locked—the prisoner said they were what he had saved of his wages.
GUILTY . Aged 17.— Confined Six Months.
Before Mr. Sergeant Arabin.
GUILTY. Aged 17.—Recommended to mercy. — Confined Ten Days.
ADJOURNMENT TO MONDAY, OCTOBER 19TH, 1840.