CENTRAL CRIMINAL COURT.
TWELTFH SESSION, HELD OCTOBER 19TH, 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, October 19th, 1840, and following Days.
Before the Right Honourable Sir CHAPMAN MARSHALL , Knt., LORD MAYOR of the City of London; Sir John Bernard Bosanquet, one of the Justices of Her Majesty's Court of Common Pleas; the Right Honourable Sir Thomas Erskine, Knt., one other of the Justices of Her.; Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter, Knt Matthias Prime Lucas, Esq.; Charles Farebrother, Esq.; William Tayler Copeland, Esq.; and Thomas Kelly, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: James Harmer, Esq.; John Lainson, Esq.; James White, Esq.; John Humphery, Esq.; John Johnson, Esq.; Sir George Carroll, Knt.; and J. K. Hooper, 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. TWELFTH SESSION.
A star(*) denotes that prisoners have been previously in custody—Two star (**), 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, October 19th, 1840.
First Jury, before Mr. Recorder.
2402. WILLIAM MOSSON KEARNS was indicted for feloniously forging, uttering, and altering, on the 9th of September, 1836, a certain deed, with intent to defraud Samuel Twaites.—Other COUNTS, varying the manner of stating the charge.
MESSRS. PRENDERGAST and BODKIN conducted the Prosecution.
CHARLES CROWN . I was a clerk in the Warrant of Attorney Office in the Temple. I produce a warrant of attorney from that office, which was filed there on the 7th of October, 1836—it has been cancelled by the authority of a Judge's order.
CHARLES INNES . In 1836, I was articled clerk to the prisoner. I saw this instrument executed by Mr. Twaites—I cannot recollect on what day—I cannot say whether it was executed on the 9th or 19th—I do not remember the day one way or other.
Cross-examined by MR. CLARKSON. Q. Do you believe it to be the handwriting of the prisoner? A. I cannot swear whether it is or not—I have not said I did not believe it was his writing—I cannot form a belief whether it was written by him or not—at or about the time the instrument was in our office and executed by Mr. Twaites, there was a clerk named Barton in our office—he is gone to Gibraltar or America—he was lately in Gibraltar—I have not heard from him there—I have heard of him—(looking at a paper)—this is my handwriting—I believe Barton has been abroad sixteen months, but I am not certain—I know he is abroad—he called at my chambers before leaving—I believe he was personally concerned in the transaction out of which the warrant of attorney grew—he continued in the office for eighteen months—I remember the prisoner going to France about this time—he returned at the latter end of October, 1836—I and Barton conducted his business in his absence—I believe Barton prepared the warrant, but I cannot say—the body of the warrant is not the writing of Barton, but of a clerk who is in the office now, but Barton, I believe, prepared the draft—I do not know who filed the warrant—I did not—I do not remember it being filed—I could not undertake to swear whether it was filed before or
after Mr. Kearns returned from France—I cannot say that it was filed some time before he returned—MR. Kearns resided at the office—I believe Twaltes came to the office after October 1836—I cannot say whether he was there in 1837 or 1838—it is impossible for me to say—he was not in any business at all at the time he came to Mr. Kearns, office—I do not know how he got his living at that time.
SAMUEL TWAITES . In 1836 I was a brewer at Brixton. In the course of that year I wished to procure an advance of money from the London and Westminster bank—MR. Kearns was my solicitor at the time—I executed a warrant of attorney to Mr. Kearns that year—it was the renewal of a former one—this is the last warrant—(looking at it)—the original warrant was cancelled, and this was executed on the 9th of September, 1836—I did not read it, nor have it read to me at the time—I saw the date on it at the time—it was dated the 9th of Sept—the word "nineteenth" was decidedly not there at the time I executed it—I am sure it was 9th in both places—no one was present on my part at the time I executed it—MR. Kearns was my attorney—I was aware of the effect of the instrument at the time—I was not aware that instantaneous execution might issue—I took it to be a warrant of attorney at three months, the same as the former one—the other warrant was torn in two, and thrown under the office table—execution was issued under this warrant of attorney on the 7th of December following, within three months—I was in business at the time of the execution—I afterwards made an application to the Court of Queen's Bench—I know Mr. Kearns' handwriting—I believe the word "nineteenth," on both sides of this deed, to be his handwriting—I have seen him write—my property was taken under the execution—it has not been given up to me—I am yet out of possession of the rents due on it—my goods were taken under the execution—I do not know what has been done with them—I have not received them back—I gave no authority whatever for the subsequent alteration of these words—I did not know of the alteration at all till after the levy.
Cross-examined by MR. PHILLIPS. Q. Is this "19th" what you venture to swear you believe to be in the prisoner's hand-writing? A. The remaint that I see here is, to the best of my belief, in the hand-writing of Mr. Kearns—I can read part of t, part of e, the whole of n, and th—since I last saw this instrument, before it came into this court, it has been rubbed with a finger—I do not know who has had possession of it—I know it has been in the Warrant of Attorney Office—I suppose that officer has had it in his custody—I never took it out of that office, nor ever authorized any one to do it—that I swear—in 1836 I was a brewer at North Brixton—I took possession in 1836—I had lived in various parts of London before I went there—I cannot recollect the last place—I was living at No. 11, Richard-street, Islington, but I cannot say I went from Islington there—I believe I did—I was living at Islington about twelve months—I lived in Berkeley-square at one time—before I went to Islington I lived about three month at the New Inn, Old Bailey—I was selling wine on commission there, to the best of my belief, and also at Islington—I cannot tell where I resided before I went to the New Inn—I swear that—I lived in Berkeley-square two years—I was a wine merchant there—I went from there to No. 102, Pall Mall, for some few months, and was in the wine and commission trade—I went from there to Brixton—I lived twice at Brixton—I was a brewer when I was first there—my father and brother were my partners in the wine business—I do not recollect where I lived in 1834—I have no
minutes to tell me—I should be committing myself if I mentioned what I did not recollect—I was never committed—I do not understand what you mean—I was once committed to the Computer for an assault—I forget the man's name whom the assault was committed on—I was in prison a month—that is the only time I was ever in prison, except for debt—I have been in the watch-house once—I have been in prison since, in Chancery-lane, for debt—I know a man named Gougenheim—I once stood in the dock of this Court—that was about the time you mention—I cannot remember the year—I will not swear whether it was in 1884 or not—it has slipped my memory—I had known the prisoner a very short time when I began to borrow money of him—I borrowed a few pounds at first—I had borrowed about 30l. of him at the time the security was lodged in the Bank—I suppose it was a valid security—they considered it so—there was a promissory note—I did not pay it—I am told the prisoner paid it—I have no doubt he did—I owed him from 20l. to 40l. at the time the warrant of attorney was drawn up—I cannot tell how much I owe him now—it is not 600l.—I swear that—I remember 150l.—I cannot swear it is not more than that, because I have never seen a bill—I never lent him any thing—I do not know that I owe him 50l., save the 150l.—I will not swear I do not owe him 200l. or 300l.—I will swear I do not owe him 400l.—my property has paid him the money which I borrowed of him—I swear that, from the Master's report—I cannot state whether I now owe him 300l. or not—if I had his account I should be able to tell—I have asked for his account many a time and oft—I first knew of the alteration in the warrant of attorney on the 21st of December, 1836, the day the property was sold—I saw it then, and recognized the hand-writing then—I preferred this indictment last Sessions—I did not prefer it before, because I had not the means—I have no means now but what my father helps me to—he was not in London in 1837, 1838, or 1839—I lived by my commission agency—I was so poor all the time that I could not prefer an indictment—I did not ask the prisoner for his account to pay him—the horse and gig I used to ride about in, belonged to a person named Mitchell—I had one of my own—the commission business was very poor—I knew Barton, Mr. Kearns' clerk—I did not know of his leaving England—I do not know whether he is here now, he may be—he told me he was going to France, at the time I executed the warrant—I have had an attorney named Richards—I never said to any one that I did not think this was the prisoner's hand writing, nor any words to that effect—I never admitted that it was not his writing—I never said so to Mr. Richards—in 1836 I owed Mr. Kearns 150l. for money he paid on my account, not for money lent and advanced—I had nothing to do with professional business.
Q. Did you owe him for money lent and advanced, and for professional business done, 150l.? A. I do not know—I never said I did—(looking at an agreement)—I do not know that I owed him 150l. in 1836, for money lent and advanced, and professional business done by him—I do not know whether I did or not—I have seen this document and have signed it—I do not think I was in debt 150l. in 1836, for money he had advanced and professional business done—even with this instrument in my hands I believe not—I was once in treaty with a Mr. Allen for a partnership—I have never been a bankrupt—I forget the name of the man I was charged with assaulting—I do not recollect that it was Robert Hughes—I thought it was Carlisle, but I really forget—the accusation was, attempting to kill and murder him—I was honorably acquitted—(looking at the agreement)—I see the
words, "Warrant of attorney for 250l. on account of the said debt"—I was then in treaty with Mr. Allen for a partnership—it says here, that it was agreed the warrant should not he stamped or filed for some time afterwards, to prevent Mr. Allen discovering I was in debt—that is not true—I have signed that it was—I signed what I knew to he a falsehood, and I declared so at the time—I signed it at the time I said so—it was not read over to me—I signed it in the presence of Mr. Riccards, and another gentleman, who is here—MR. Kearns was not present when I signed it—I did not want Allen to know I was in debt—judgment was entered on the warrant of attorney in October, 1836—execution was issued, under which my household premises were sold—this paper says, that long before that the prisoner had been called upon and compelled to pay the bankers 150l. and interest, which was so lent and advanced to me—that was not true—I signed it—proceedings were instituted in the Queen's Bench to invalidate the warrant of attorney, on the ground that some person had, without my authority, altered the date from 9th to 19th—MR. Kearns then, for the first time, discovered that the date had been altered by some person—I signed that.
(Agreement read)—"In the Queen's Bench.—Between William Mosson Kearns, plaintiff; and Samuel Twaites, defendant. Whereas on and previous to 26th day of February, 1836, certain deeds and documents belonging to the defendant, relating to a brewery and premises in Holland-street, North Brixton, were in the hands and possession of the said plaintiff, who was then the solicitor of the defendant, and on that day the same were deposited with William Ewing, Esq., manager of the Bloomsbury branch of the London and Westminster Bank, as security for 150l., lent and advanced by the said Bank to the defendant, on the guarantee or security of the said plaintiff: And whereas the said defendant, being indebted to the plaintiff for monies lent and advanced, and for professional business done, did, on 9th September, 1836, execute to the plaintiff a warrant of attorney for 250l. on account of the said debt; but the said defendant being then in treaty with one Mr. Allen for a partnership, it was agreed that the said warrant of attroney should not be stamped or filed for some time afterwards, to prevent the said Mr. Allen discovering that the said defendant was in debt, or that the said brewery and premises were encumbered; and in a few days afterwards the said plaintiff proceeded to Paris, and did not return to London till about the 29th day of the said month of September: And whereas, in the month of October, 1836, the said warrant of attorney was stamped, and judgment entered up thereon, and in the month of December following execution issued, under which the said leasehold premises were sold, the said William Mosson Kearns having long previously been called on and compelled pay the said bankers the said 150l. and interest, so lent and advanced to the said defendant as aforesaid: And whereas proceedings in this honourable Court were afterwards instituted by the said defendant to invalidate the said warrant of attorney, on the ground that some person had, without his authority, altered the date of the said warrant of attorney from the 9th to the 19th of the said month of September, 1836; whereupon the said plaintiff for the first time discovered, and did not deny, that the date had been altered by some person: And whereas, since the said proceeding in the said Court, the said defendant hath stated that he executed two warrants of attorney pending the said negotiations with the said Mr. Allen, which statement induced the said plaintiff to make further and searching inquiries as to what took place in the office of the said plaintiff during his said absence in Paris, as hereinbefore mentioned, and it hath been discovered, to the
satisfaction of both parties, that a clerk in the office of the said plaintiff, instead of preparing a second warrant of attorney, as supposed by the said defendant, had, to save expense, altered the date of the said first and only warrant of attorney to the 19th day of September, and got the same again executed, and which he, on or about the 6th of October, got duly stamped and filed after the negotiation with the said Mr. Allen had terminated, and which said alteration was made without any willful intention, but in the spirit of the said original understanding and agreement for delaying the stamping and filing of the said warrant of attorney: And whereas the said discovery last mentioned has led to an amicable adjustment of all disputes between the said parties, and the said defendant doth hereby agree to cause his life to be insured in the Asylum Insurance Office to collaterally secure the due payment of the debt due from him to the said plaintiff; and the said plaintiff doth agree to obtain and deposit the deeds of the said brewery with Mr. Riccards, the attorney of the said defendant, who is to receive the rents from the 25th of March instant. And lastly, it is agreed that a certain action of replevin of Bye v. Bower and Crook, now pending, under a distress levied on the said brewery and premises, by or in the name of one Samuel Bower, but at the instance of the said Samuel Twaites, shall be discontinued, and all proceedings under the said levy or distress shall henceforth cease and determine. Dated 17th March 1840.
Q. Now, that is all false, I suppose, that you signed? A. There is some portion of it correct—I signed it, knowing that some portion was false.
COURT. Q. What use was to be made of this instrument? A. I cannot tell what use it was, but to save himself.
MR. PHILLIPS. Q. Just attend to this portion of the document: "And the said plaintiff doth agree to obtain and deposit the deeds of the said brewery with Mr. Riccards." Were they so deposited? A. They were—I got them out of Mr. Riccards's possession by false pretences—I found my property there, and found by the agreement that I had been defrauded out of them—I did not write to Mr. Riccards to get them—I wrote to say I had got them—I stated the purpose for which I got them, which was a falsehood—I owed Mr. Riccards at that time about 10l. or 12l.—I did not pay him—I did not give him back the deeds—I thought that was honest, under the conduct that was pursued towards me—swear Mr. Riccards did not read the whole of that document to me, only one or two bits, or portions—I signed it for the purpose of getting my deeds, as I was in such hands—I told Riccards at the very time—"I know I have signed that, of which the very portions you have read is incorrect"—I swear I said that—I did not know the deeds were to be deposited with Riccards—I did not know that was stated in the document—that part was not read over to me—he had a lien of 100l. on the deeds, according to the report of the Master.
Q. And you got the deeds fraudulently, knowing that he had a lien on, them of 100l.? A. He delivered them up—my attorney was about to indict him.
Q. Now, I see there is another clause in this, that you were to have your life insured in the Asylum Office, did you get that done? A. I visited one—my brother was one of my referees—he was the medical man—it was requisite for me to refer to a medical man—I am not aware that he put me out of the office—he was warned not to do it—he applied to me, or at least my lather did, to know what it meant; and the reply I made
was, that it was not my intention to have my life insured—I never intended to do so, although I signed a document promising to do so, and had gone to the insurance office—I did not intend to go to the insurance office at the time I signed it—I was not aware there was any undertaking to that amount in the agreement—I knew I was to go to the insurance office—the state of accounts between me and Mr. Kearns was not read over to me by Mr. Riccards—that I swear—(looking at a paper)—this paper was not put into my hands—I never saw it before—it is quite new to me—this paper states that I owed Mr. Kearns 609l. 16s. 9d.—I have heard it stated by my solicitor, Mr. Platts, that that is the amount he claims of me—I have had six or seven solicitors in this matter before I could get justice done me—I paid them a good deal latterly—I have paid 100l.
Q. Would not that have preferred a good many indictments? A. When I got money I preferred it, and that was only this year—I never saw this paper before—if Riccards signed it as my agent, he did it unknown to me—I swear that—on my solemn oath he did not read it over to me, or offer to do so, nor did I authorise him to sign it—he did not tell me the amount—he said 600l., and this says 609l.—I said, "That is an account I will not look at, I have nothing to do with it"—all I saw was the agreement—I believe the first warrant of attorney, which was torn up, had a witness to it, but I cannot swear it—I cannot recollect whether it had or not—I believe it had, and I believe Mr. Innes was the man who witnessed it as well as the second, but I would not swear he was there—that was executed about the time I got the money from the bank—I am now living at No. 2, Frederick-street, Vincent-square, and have been for two years with the same persons there, and in Vauxhall-bridge-road—they removed from one to the other—(looking at a letter)—this is my hand-writing, and this also—(looking at another)—I sent them—I forget who to—those who know it to be true may consider it bad—I had good cause for writing it—it is a strong document—I sent one to the Sheriff's office, and one to No. 5, Red-lionsquare, to the prisoner—MR. Ewing is manager of the Westminster Bank, into which the prisoner paid the 150l. in my default.
(Read)—"Oct. 15, 1840.—Sir, I have been induced to send you the inclosed draft of a placard, which is being placed on the walls of the metropolis, for your future benefit. If it does not, it ought to make you more discreet than to aid and abet a swindling villain to rob me of my property as you have done. Think not that you are the mighty god of war, or that I care one atom for all the power that you or your concern possess. If I am not quickly put into possession of the said property I'll make you and your employers blush at the illegal conduct performed, if shame forms any part of your composition Yours, respectfully, T. TWAITES."
"Caution to the public,—Beware of Swindlers. Hall, 5, Red Lion-square, proprietor; William Mosson Kearns, solicitor. This well matured wretch stuck not at forgery, and defrauding the revenue, &c, in a certain warrant of attorney, and in the first part of this swindling transaction, the London and Westminster Bank lent their wilful assistance, a full description of which will shortly appear through the press." For present satisfaction, apply to No. 2, Bedford-street, Bedford-square; and at No. 50, Lincoln's-Inn-fields, ground floor, 1st door left. For particulars of a marriage settlement fraught with the most villanous dye, apply to No. 81, Gower-street, Bedford-square, and at No. 3, Elm-tree-court, Temple, ground floor."
Q. For what purpose did you send that to Mr. Ewing? A. To warn
him against the prisoner—they had parted with my deeds without my authority—I did not mean to charge them with swindling, but was it proper for a man of business to deliver up my deeds to another without my authority?—the marriage referred to, several persons in Court can speak about—it was the subjugating of deeds of Court in 1831, created by order of the Court of Chancery, and substituting another deed, making himself sole trustee and on that deed he sold and realised to the tune of 6000l., and the poor people are now in the deepest distress—I sent to Mr. Ewing to warn him against lending his wilful assistance to Kearns—he might infer from that what he had done—I wrote that letter to Mr. Ewing to imply that he did not frighten me—it never struck me that I ought to have paid the prisoner any of the 150l.—I wanted justice done me, and what money I could raise was spent in performing it—he disabled me from paying the 150l., having my property sold for 50l.; which would fetch 1,200l.—I did not wish Allen to see that my estate was mortgaged—we had not then come to terms—Kearns was about obtaining me a mortgage for 500l. or 600l.; and till that mortgage was effected we got the London and Westminster Bank to lend 150l. on the security, with a note of hand—the mortgage was never effected—the instrument became due—to clear his name I gave him a warrant of attorney—it went on from period to period, he reporting he had this and that person coming forward to mortgage this property—I was without money in consequence—it travelled on to September, when he got me to renew this document, saying the money would be forthcoming before any settlement with Allen was wanted—it never did take place—I found I should have as much money as Allen by this advance, and that was the reason why I did not wish Allen to see that the estate was in that debt, thinking it might throw him out of the intended partnership if he knew it was so—I know a person named Jackson—I heard that he claimed some furniture in the house—I knew it at the time from him—I sent him to do it—I heard afterwards that he had done it, that he had done what I wished him to do—I sent him after the Sheriff had levied the execution to claim the goods as his, that the Sheriff might not sell, knowing I was in bad hands—they were not Jackson's goods—the goods were not legally in execution—the Sheriff had no right to be there—I believe the Sheriff sold them—I do not know whether it was under the landlord's distress for rent—I was not there at the time—I owed the landlord rent, I cannot tell how much—the goods I sent Jackson for, had been moved off the premises—a man at Marsh-gate removed them—I do not know his name—I desired him to move them—I believe I saw the notice Jackson was to give to the Sheriff—I did not write it—I do not know who did—I might or might not write it—I do not think I did—I do not recollect whether I did or not—I could tell if I saw it—(looking at it)—this is not my writing—I do not know whose it is—I desired it to be written.
(This paper was dated 7th December, 1836, and was a notice, signed "Thomas Beal Jackson" claiming the goods in question, and warning the Sheriff not to seize or dispose of them upon pain of an action.)
It was not true that they were Jackson's things—Jackson is the person I have referred to who has suffered so materially in the marriage settlement—he is living in Norfolk at present—I saw him some months back—he is now a policeman—he was not so then.
MR. PRENDERGAST. Q. Has he been a man of property? A. Yes, the document Jackson was sent with, was to be used at the time the goods
were to be taken by Mr. Kearns under this warrant of attorney—MR. Kearns had issued a distress within the three months, making my warrant of attorney quite different to what it was, and then I resorted to this scheme—when Riccards read part of this agreement to me, I told him it was incorrect—I signed it afterwards, making this remark, "Mark, Mr. Riccards, I am signing, if I sign this, that which is palpably false, and understand also that an agreement is not an oath"—it is stated that there was only one warrant of attorney, which is false—I saw the first warrant torn up and thrown under the table—I do not know the name of the clerk who drew it up—it was drawn up when I went in—I do not think Mr. Kearns has the same person in his office now—this indictment has been preferred not out of my own funds, but my father's—from these proceedings of Mr. Kearns my property has suffered at least 1000l.—I was a person of property at that time—I gave 400l. for this place, and I laid 200l. or 300l., out in improvements.
SARAH JACKSON . I know Mr. Kearns. I have seen him write many times—(looking at the warrant of attorney)—the word "nineteenth" is very like his writing—from what I have seen of his writing I believe it to be his—I have seen him write, and seen his writing frequently.
Cross-examined by MR. PHILLIPS. Q. Are you the wife of Thomas Beal Jackson? A. Yes, he is at Swarson, in Norfolk, in the police—I did not know of his serving that notice for Mr. Twaites—I never heard of it till this moment—he never told me of it, nor any thing about the furniture moving—if he ever did such a thing I never knew it—I have a lawsuit in hand, which keeps me in town—I believe my husband made as affidavit along with me in this business—I believe the cause of his not being here is, that he has never been made acquainted with the trial that was to come on—I am quite sure be does not know of the trial—it was on the subject of Mr. Kearns' handwriting that he swore with me—I can not say how long ago it is that I first heard of this indictment—I cannot swear whether it was three weeks ago—I might be told of it, and I should think no more about it—it was not any business of mine—it might be three months ago that I beard of it, for any thing I can tell—the fact is, it never entered my memory—MR. Twaites told me on Saturday night I was to attend here—MR. Twaites has repeatedly told me he was going to indict the prisoner for forgery—I should say it is since I made my affidavit that he told me so—I do not know where he told me so—very likely at my own house in Vauxhall-road—my husband has not been in town lately—I have written to him—I never said a word about this indictment—I do not know that my husband owes the prisoner any money—MR. Kearns should first say how much he has had of my husband—he does not owe Mr. Kearns 600l.—I do not know that he owes him as many shillings.
MR. PRENDERGAST. Q. If every thing was settled, do you know or believe that your husband owes Mr. Kearns any thing? A. I do not believe he does—a good deal of our money has passed through his hands—my husband was an independent gentleman when I married him, living in the country—we have had some business in Mr. Kearns's hands a great many years, and he has never been able to get through it, I am sorry to say.
MR. PHILLIPS to GEPRGE MEADEN. Q. You have seen this warrant of attorney before to-day? A. I have, a clerk in the Judgment-office showed
it to me—I asked him to let me look at it—I was not aware what it was until I saw it to-day—I am very well acquainted with the prisoner's handwriting—I should be inclined to say this was not his writing, but there is not enough of it for any one to say—my belief is, that it is not his.
MR. PRENDERGAST. Q. Although you believe that there is not enough to tell? A. The balance of my opinion is that it is not his—I came here as a matter of courtesy to the notice sent by the prosecutor—I was not subpoenaed, but Mr. Bishop was, and he requested roe to attend here, if it was necessary—I am managing his business, and seeing this notice on the table to-day, I thought it better to come down here—I had no wish to get into the box, and I do not know that you told me to—you examined me—the book was tendered to me, and, as a matter of course, I was sworn—I have not the least interest in the case—I merely came here for the interests of justice—I told Mr. Bodkin I came from Mr. Bishop.
THOMAS ROBINSON . I am clerk to Mr. Pearson, a solicitor, in Essex-street, Strand. I have seen Mr. Kearns write once or twice, and have seen several letters of his writing—I believe myself able to form a judgment of the character of his hand-writing—(looking at the warrant)—the letters in the date of the "nineteenth, appear very much like Mr. Kearns's writing—I should not like to pledge my belief—it is very much indeed like it, but it being only an alteration, it is difficult for any body to swear positively—there is hardly enough, for this reason, because it is written on an erasure—it certainly appears very much like his writing—I do not think there is sufficient to form a belief—the first part I should say, it is impossible for anybody to identify, and I should not like to pledge my belief to the other.
WILLIAM GODSELL . I am a solicitor. I know Mr. Kearns—I have seen him write—I have received letters from him, and have acted upon them—(looking at the warrant)—I will not swear this is his writing—it is not sufficient for me to form an opinion.
WILLIAM EWING . I am manager of the Holborn branch of the London and Westminster Bank. I know Mr. Kearns's hand-writing perfectly well—(looking at the warrant)—I cannot see any character like his usual style of writing in the first part, it is so smeared—in the concluding part there is certainly something that resembles his hand-writing, but I have a great question in my own mind if it is his writing—I do not believe it to be his—there is a resemblance—there is something different—if Mr. Kearns were to sign a cheque in this way I should hesitate to pay it.
NOT GUILTY .
NEW COURT.—Monday, October 19th, 1840.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 44.— Transported for Seven Years.
2404. MARY BRUNT was indicted for stealing, on the 2nd of October, 59 walnuts, value 1s., the goods of Richard Bethel, her master: and MARTHA VERNON , for feloniously receiving part of the same, well knowing them to have been stolen; against the Statute, &c.
ELIZABETH GROVES . I work for Mr. Richard Bethel, in Covent-garden. On the 2nd of October, the prisoner Brunt and I were shelling walnuts for him—I saw her put some in her pocket several times—I mentioned it to Dominigo.
WILLIAM DOMININGO . I am in the service of Mr. Bethel. Groves told me what Brunt was doing—I watched her go to a public-house—I saw her pull walnuts out of her pocket, and give them to Vernon, who was there.
RICHARD MOORE . I am beadle of Covent-garden Market—I followed Brunt down the market, and saw her go to a public-house—Vernon was standing there—they went into the tap-room—I saw Brunt emptying her pocket into Vernon's lap—I took the prisoners—I found thirty walnuts on Vernon, and twenty-nine on Brunt.
Brunt's Defence, I was crossing the market in the morning; a man was carrying a sack of walnuts; he dropped some; I took them up, and put them into my pocket—I never took one of the prosecutor.
BRUNT— GUILTY . Aged 41.— Confined One Month.
VERNON— NOT GUILTY .
GUILTY . Aged 22.— Confined Two Months.
ELIZABETH WINTERINGHAM . I am a servant to Mr. Dobie, of Lancasterplace, Strand. About twenty minutes before twelve o'clock, on the 19th of September, my watch hung over the dresser, in the kitchen—(the prisoner had come the day before with our baker, to see the customers before he entered the service)—I saw him come down the area steps on the 19th—I then went to answer the house-bell—the cook missed the watch, and asked me where it was—when I missed it I went and saw the prisoner at the dust-hole—I accused him of having taken it—he said he had not got it—no one else had been down—I saw the policeman find it in an empty flowerpot in the dust-hole—this is it—(looking at one)—it is mine.
Cross-examined by MR. DOANE. Q. Who did you leave in the kitchen? A. Two children—the baker sent them out of the kitchen—the cook had gone to market—I had seen the watch exactly twenty minutes before twelve o'clock.
SUSAN RESTALL . I am the cook. I had been to market, I returned and missed the watch—I met the prisoner coming out of the kitchen-door, he went to the dust-hole in the area—I told the prosecutrix, and I heard he go to the door, but I did not follow her—the watch was found in a flower-pot in the dust, where he was standing.
Cross-examined. Q. Were there not three other policemen there? A. There were two in the kitchen when I arrived, and one on the top of the
stairs—I heard one of Mr. Dobie's clerks say that the dust-hole had been searched—I had no difficulty in finding it—I removed the flower-pots—there were about a dozen—they stood in lots—the watch was found in a pot with three more pots covered over it.
GUILTY . Aged 26.— Transported for Seven Years.
EDWARD MATTHEWS . I am an engraver. Between twelve o'clock and half-past, on the night of the 23rd of September, I was walking with two friends in Fleet-street—I saw the prisoner and four other women coming along the street—one of them laid hold of my friend, Mr. Parsons, and began pulling him about—I walked on a step or two, turned, and said, "Come along"—one of the women came forwards to spring on me—the prisoner rushed forwards, and took my pins from my breast—MR. Parsons was noticing the pins some time before—I gave the prisoner into custody two or three minutes after.
Cross-examined by MR. DOANE. Q. The pin never was found? A. No—I saw a policeman about two minutes after this occurred—I never lost sight of the prisoner—there were no other girls with me before this—the five were on my friend—I do not know whether the prisoner was searched—the policeman took her directly—I am certain she took the pins from my stock with her left hand—directly she took it the ran to her friends—I ran, and seized hold of her.
RICHARD PARSONS . I am a vocalist. I was walking with the prosecutor and another gentleman down Fleet-street—five females came up—one of them accosted me, and insulted me—my friend called me—one of them took off her bonnet and shawl, and there was an appearance of confusion—the prisoner made a snatch at the prosecutor's stock, and turned towards her companions—then the prosecutor gave her into custody, and said, "You have got my pin."
Cross-examined. Q. You did not see her do any thing? A. Not after she made the snatch—she turned about three paces towards the other girls, and then she was stopped by my friends—one of them took hold of me, and then the others surrounded me—I am sure I am not mistaken.
(The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy. — Confined Six Months.
GUILTY . Aged 21.— Confined Three Months.
2409. THOMAS CHARLES LYNN was indicted for stealing, on the 19th of September, 48 yards of silk, value 5l. 4s.; 30 umbrella handles, value 1l. 17s.; 6 parasol handles, value 1s.; the goods of- Christopher Terrey Robins and others, his masters, in their dwelling-house.
MR. BALLANTINE conducted the Prosecution.
CHRISTOPHER TERREY ROBINS . I am in partnership with two others—we are umbrella and cloth cap manufacturers, in Houndsditch—the prisoner was in our employ last winter, and three months ago we took him
again. On the 9th of September I was in the yard adjoining the packing—warehouse, examining some umbrellas packed for an order—one of them had a wrong ticket on it—I sent for the prisoner, and said, "Here is an umbrella with the best mounting with a common ticket"—he said, "I will get another"—he turned, and I saw in his pocket some dark silk with a light selvage—that raised my suspicion—I thought it was better not to lose sight of him, and told him to go to his dinner, and never mind getting the ticket—he went out into the street—I followed, and laid hold of him—he made some resistance, but I brought him back—the policeman searched him, and found on him these forty-eight yards of figured silk with a light selvage—twenty yards was taken from his coat pocket, and the rest from his trowsers; twenty-two carved ivory handles were taken from his breeches pocket, and the other handles were found on him.
Cross-examined by MR. JONES. Q. How long had you known him? A. About eighteen months—he had a good character—I went to his lodgings, but found no property.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy. — Confined One Year.
GUILTY.** Aged 18.— Transported for Seven Years.
GUILTY . Aged 21.— Confined Six Months.
OLD COURT.—Tuesday, October 20th, 1840.
Second Jury, before Mr. Recorder.
GUILTY. Aged.—Recommended to mercy. — Confined Fourteen Days.
HENRY STREET (police-constable K 301.) On the 22nd of September I was passing through Cornhill, and saw the prisoner pick Mr. Thomas Benjamin's pocket of a silk handkerchief—Benjamin is gone abroad—he appeared at the Mansion-house by that name, and answered to it—the prisoner tried to escape—Stock well stopped him—he threw down the handkerchief, and struck Stockwell a violent blow on the mouth—I took up the handkerchief, and took the prisoner into custody—MR. Benjamin claimed the handkerchief, in the prisoner's presence, on the spot—I saw sufficient of to say it was the same as I saw him take from his pocket.
Prisoner. He was coming round Graccchurch-street at the time I was
running after the boy who picked the pocket. Witness. I saw the prisoner pick the pocket; it was not a boy; I saw no boy near.
JOHN STOCKWELL . On the 22nd of September I was in Cornhill, and saw the prisoner behind Mr. Benjamin—I saw him draw his handkerchief from his coat-pocket, and then run away—the gentleman turned round, and called "Stop thief"—I pursued the prisoner round the coach-stand, and took hold of him, he put his hand in his trowsers, and threw the handkerchief out into the road—the policeman took it up, and the prisoner hit me a blow in the mouth with his fist—I never lost sight of him—I am confident of him.
Prisoner's Defence. Coming from Finch-lane, I heard a cry of "Stop thief," and saw a boy rash past a gentleman; he hollowed, "Stop thief," and hit the boy with his cane; I ran after the boy, who threw down the handkerchief, and as I was going to pick it up the policeman took me.
GUILTY . Aged 24.— Confined Six Months.
NOT GUILTY .
NEW COURT.—Tuesday, October 20th, 1840.
Sixth Jury, before Mr. Sergeant Arabin.
JAMES LONGFOOT . I am a printer. On the night of the 30th of September, between one and two o'clock, I was in Holborn, and saw the prisoner walking behind the prosecutor, with her hand in his pocket; I turned round, and she was in the act of pulling the pocket-book out of his pocket; when I got behind her, she finished pulling it out, and threw it on the ground—I picked it up, laid hold of her, and informed Mr. Biggs, and gave her into custody—there was one woman on each side of the prosecutor, and the prisoner was behind.
MICHAEL MALIN BIGGS . I was walking in Holbora—Longfoot informed me about my pocket-book—this is it—my name is in it—it was in my pocket before I went to the station-house with the prisoner—there was a lot of women there—I was not quite sober—I had been out to supper.
Prisoner's Defence. I was going up Holborn, and saw the prosecutor very much intoxicated, walking arm-in-arm with two females; all of a sudden the women ran away, and dropped something. I stood still on hearing the alarm, and was given in charge. I know nothing of it; what the witness has sworn is quite false.
GUILTY . Aged 19.— Transported for Ten Years.
GEORGE ALEXANDER BRIMMER . I am a printer. On the 25th of September, about half-past twelve o'clock, I was on Holborn-hill—the prisoner accosted me, and followed me—I refused her all I could—she asked me to accompany her down Field-lane, and attempted to pull me down there—I kept walking on, and told her to go away—I broke away
from her—she still continued to walk by my side—directly after I missed my handkerchief, I accused her of it, and she denied having taken it, or knowing any thing about it—the policeman came up, and I gave her into custody—the inspector, at the station-house, said he would search her, and she then produced the handkerchief from her person.
WILLIAM BOWERMAN (City police constable, No. 249.) The prosecutor charged the prisoner with having taken his handkerchief, she denied it—she was taken to the station-house—the inspector said she should be searched, and sent for the female searcher, and then she produced the handkerchief.
Prisoner's Defence. The prosecutor accosted me, and took me to a door-way, and I said, "Will you go to a house?"—he said he had but half-a-crown, and would get change, and give me 1s.—he gave me the handkerchief to hold till he gave me the shilling—as I was going along he saw the policeman, and gave me in charge for stealing it—I said I would not give it to him till he gave me 1s.
GUILTY . Aged 21.— Transported for Ten Years.
GEORGE DENT . I am a carman and work for my father. Aboat half-past two o'clock, on the 2nd October, I was in the Poultry, and saw the prisoner try several gentlemen's pockets—I watched him, and saw him come near the prosecutor, and take a white handkerchief out of his pocket—I told the prosecutor, who went after him down Charlotte-row—I saw the handkerchief found in his side-pocket—he denied that he had got it.
JAMES THOMAS . This is my handkerchief—Dent informed me that my pocket had been picked—I followed the prisoner, and in Bucklenbury taxed him with taking my handkerchief—he said he had not—I saw it taken from his side-pocket.
EBENEZER KIBBLEWHITE (City police-constable, No. 232.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—I was a witness on that trial—the prisoner is the person.
GUILTY . Aged 18.— Transported for Ten Years.
DAANIEL DODSON . I sell books, and live in Fleet-street. On the 28th of September, on receiving information, I went out, and saw a person like the prisoner running across the road—I saw him drop this book, which is mine—I took it up—I believe the prisoner to be the person, but he was not taken in my sight.
EDWIN BURGESS (City police-constable, No. 329.) I saw the prisoner running across the road, and the prosecutor following him—he passed me at the corner of Salisbury-court with the book—he ran along Salisbury-court, and dropped it—I am sure he is the person—I ran and spoke to the prosecutor, and he pursued the prisoner—he got into the City gas-works, there I lost sight of him, and he was taken by Brissenden.
JOHN BRISSENDEN (City police-constable, No. 331.) I saw the prisoner running, he went down by the City gas-works, and there I took him on suspicion of having done something wrong, by hid running so fast.
GUILTY. Aged 17.—Recommended to mercy. — Confined One Month.
MR. ADOLPHUS conducted the Prosecution.
RICHARD BURGE . I am in the employ of Messrs. Sharpe, cutlers, in Great New-street, Fetter-lane. I saw the prisoner, at half-past five o'clock on Thursday evening the 24th of September, in East-street, Duke-street—I had not seen him before—he said he would give me 1d., if I would take a note to Mr. Simpson, in Little Britain—I took it—I know the note again, this is it—(looking at it)—I delivered it to one of the men in Mr. Simpson's employ—he gave me a parcel with isinglass, to, take to the prisoner—I met him at the end of Duke-street, Smithfield, and was going to give him the parcel—he would not take it, but walked very fast, directly he saw me offer him 'the parcel—two gentlemen came up and gave him in charge—I am positive he is the person—it-was ten minutes or a quarter of an hour from the time he gave me the letter till I returned with the isinglass.
Cross-examined by MR. CHAMBERS. Q. How far is it from Duke-street to Little Britain? A. About three minutes' walk—he showed me what shop to go to—I have been in Mr. Sharp's service about nine months—I am thirteen years old—I live with my parents on Great Saffron-hill—my father is a sawyer—before I went to Mr. Sharp's I was at Mr. Clay's, a steel pen manufactory, in Holborn-hill, for about six months—I did not know Mr. Simpson's shop before—I was going home when I met him—I bad been on an errand.
HENRY KOOLMAN . I am in the employ of Sutton Simpson, and Co. There was a partner, but he is dead—Burge brought me a letter—I asked him where he brought it from—he said, "From Kensington"—I asked if he had brought the money—he said, "No"—I took it to Mr. Humphries, and be told me to put up 3lbs. of isinglass"—(read)—"To Messrs. Simpson, & Co., Isinglass Manufacturers, Little Britain—R. and W. Alger will thank Messrs. Simpson and Co. to send by bearer dibs, of the best fine cut isinglass. High-street, Kensington."
CHARLES HUMPHREY . I am warehouseman to Sutton Simpson, and Co. Koolman delivered this letter—I had a suspicion, and consulted Mr. Simpson and my brother—we agreed to makeup the parcel—I was to go one way, and another person to follow the boy—he told us a gentleman waiting in Duke-street gave him the order—we went, and I saw the lad coming up, and my brother following him—my brother seized the prisoner—I crossed, and took him—a policeman I had in waiting took him—Mr. Alger, of Kensington, is a customer—we would have trusted him if it had" been a genuine letter.
SAMUEL HUMPHREY . I went out to follow the boy and saw the prisoner—the boy went to him and held the parcel out, but he would not take it—he walked past the boy two or three times—I was across the road—he could see me—the prisoner has been to our warehouse, and had goods on his own account—I have seen him twenty times—he was acquainted with our warehouse, and our manner of doing business.
Cross-examined. Q. What warehouse do you speak of? A. Mr. Simpson's—he used to deal with us, and pay for what he had at the time—he did not owe us any money—I have known him twelve months, or
two years—I did not know where he lived, or what was his name before—the isinglass is worth about 2l. 4s. 6s.—this order does not at all resemble Mr. Alger's hand-writing—he was in the habit of sending written order, but always by a carrier with the money.
MR. ADOLPHUS. Q. Whether Mr. Algar had a porter or clerk who might have written, you do not know? A. No.
ROBERT ALGER . I am a chemist, living in High-street, Kensington, This paper is not my writing, nor written by any one in my house—I deal with Messrs. Sutton for isinglass—I knew nothing of this letter till I saw it at the police-office—I have seen the prisoner before, but have no acquaintance with him.
Cross-examined. Q. Is that at all like your hand-writing? A. Not in the least—it would not deceive a person who knew my hand-writing well.
MR. ADOLPHUS. Q. Would every clerk or porter of the prosecute know your hand-writing? A. No.
SATTON SIMPSON . My partner is dead, but the business is carried on for the benefit of the executors—they are not partners with me—they had an interest in the business up to the 1st of October, and this occurred on the 24th of September—before that they had a share of the profits.
(The prisoner received a good character.)
GUILTY. Aged 38.—Recommended to mercy. — Confined Two Years.
JOHN MALENOIR . I live with Albert David Bottomley, a tailor, in Gracechurch-street. About seven o'clock in the evening of the 18th of September, I saw a pair of trowsers gradually moving off a nail inside the door-way—I immediately went out, and saw the prisoner with them in his hand, about three yards from me—he threw them over to me—I kept running after him, and caught him in the middle of the road—the policeman took him from me—I am sure he is the person—here are the trowsers.
Prisoner's Defence. The gentleman accused me of stealing the trowsers; I said, "You are mistaken, I am not the person."
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Three Months.
JAMES M'DONALD . I am a labourer at the gas-works. I was at work in Cheapside on the 3rd of October—I put my jacket in a truck—it was taken by the prisoner before my face—I ran, and could not over take him—the policeman took him—he is the man that took it.
GUILTY . Aged 22.— Confined Three Months.
MR. BALLANTINE conducted the Prosecution.
JOSEPH COOTE (police-sergeant N 25.) Between five and six o'clock in the evening of the 30th of September I was at Edmonton, and saw the prisoner near Mr. Bevan's farm with a sack on his back, and a basket in his hand—I asked what he had got in his sack—he said, "Potatoes"—he was in the road when I stopped him, but I had seen him at the stabledoor—he put the sack down, and I searched it—he took the oats out from the sack—they were in a dinner bag—I asked how he came by them—he said they were his master's, and said, "It is the first time I have done wrong, I never did such a thing before."
JAMES EISDELL . I am bailiff to Mr. Daniel Bevan—the prisoner was his labourer. This sack is Mr. Bevan's—the prisoner had no right to it—we had oats of this description—I cannot positively speak to it—these oats were in a barn adjoining to the one in which the prisoner was threshing—he had access to the barn.
Primer's Defence. I had not come away from the stable-door with them.
GUILTY. Aged 30.—Recommended to mercy. — Confined Six Months.
ELBENEZER RAND . I am in the service of Jesse pim, a linen-draper, in Barbican. The prisoners came to the shop, between four and five o'clock, on the 22nd of September, and bought half a yard of brown holland—I did not serve them—they went out—I missed a piece of print, and suspected them, I went after them—they had got round the corner of Barbican to Aldersgate-street, and were running together—I overtook Collins, and took from under her apron this piece of print—I gave her to the policeman, pursued Ashman, and just before I overtook her, she threw this other print down Aldersgate-buildings—I overtook and gave her to the policeman—when I got home I found two pieces were missing—these are both my master's.
Cross-examined by MR. DOANE. Q. Which of them bought the holland? A. I did not serve them—I saw them served—I cannot tell which of them took it—I am quite sure I saw Ashman throw this smaller piece away.
(Ashman received a good character.)
ASHMAN— GUILTY . Aged 18.
COLLINS— GUILTY . Aged 16.
Confined Three Months.
2424. MARGARET CLARK was indicted for stealing, on the 25th of September, 1 bag, value 4d.; 6 sovereigns, 17 half-sovereigns, 6 halfpence, and an order for the payment of 6l., the property of Thomas Rodwell, from his person.
MR. CLARKSON conducted the Prosecution.
About eleven o'clock on the night of the 24th of September, I met the prisoner, I cannot say where; as I was drunk—after some conversation I got into a cab with her, and drove to Charing Cross—I got out and went down Craven-court—I had about 20l. in money when I fell in with her, in sovereigns, half-sovereigns, and a cheque—I afterwards went to Snow-hill with her—when I got there I missed my purse, my money, and cheque, which had been in my left-hand breeches pocket—when I got out I laid hold of her and accused her of robbing me—the policeman came up and I gave her in charge—he afterwards produced the cheque to me—it was the one I had safe in the purse when I went into her company—this is it—I had it from Mr. Strickland, of Newgate Market.
CHARLES PHILLIPS (City police-constable, No. 20.) At a quarter to three o'clock on the morning of the 25th of September, I was at the bottom of Snow-hill—I saw the prosecutor and the prisoner struggling together—I asked what was the matter—he said in her presence that he had been robbed of 20l., and gave her in charge—on going up Snow-hill I took from her hand this cheque for 6l. 3s. 1d., and one half-sovereign—I shook her petticoat and heard some gold chink—I took her pocket from her, and found five sovereigns and fifteen half-sovereigns in it.
Prisoner's Defence. I did not knowingly have in my possession the property—I had been drinking with him from nine o'clock in the evening, and was quite intoxicated—what he gave me I put into my pocket, considering it was silver.
GUILTY . Aged 32.— Transported for Ten Years.
2425. CAROLINE MEARS was indicted for stealing, on the 25th of August, 4 shawls, value 1l. 5s.; 2 gowns, value 5s.; 5 handkerchiefs, value 5s.; 2 boas, value 1l.; 1 veil, value 1s. 6d.; 4 pairs of shoes, value 8s.; 1 pair of boots, value 1s. 6d.; 1 petticoat, value 1s. 6d.; 1 gown skirt, value 4s.; 3 frocks, value 8s.; 1 pair of bracelets, value 5s.; 1 pair of stockings, value 1s.; 1 collar, value 1s.; 1 reticule, value 1s.; and 2 pincushions, value 2s.; the goods of John Edward Fisher, her master; to which she pleaded
GUILTY . Aged 18.— Transported for Seven Years— Penitentiary.
JOHN JOHNSON . I am master of the Lively, of Clive, in Norfolk. On Monday night, the 12th of October, I met a woman in Rosemary-lane—I went home with her, to No. 2, Crown-court—after I had been there ten minutes we had been talking about having some liquor, and I had just given the money to the woman—the rum was brought in—I received the 9s. change—Brown then came in the room with a child in her arms—she remained in the room till the other woman came back—the half-sovereign I sent out was in a purse—I took it out without taking my purse out of my pocket—I had thirty-three sovereigns and a half-sovereign when I went into the house—I took the half-sovereign out, and there were in that pocket thirty-three sovereigns in the purse and 9s. after I had received this change—there was then a bustle in the room—the chair was thrown against the bedstead, the candlestick pulled away, and the light put
out—I was twisted right round, and the parties were gone in an instant—I heard something chink on the ground, I could not tell what—I ran after the parties—Brown had been near me, and put her hand into my Pocket—I saw her hand go towards my pocket—I had not seen Quinlan—no one had hold of me—it was a moonlight night—the women left the room directly and ran down stairs—I was going down, and when I got half—way I recollected that I had taken my jacket off and left it lying on the table, and to it I had a 50l. and a 30s. note—I returned to the room and found my jacket—I looked round, and went to a dark landing—place, which leads to another room—I there put my hands over Quinlan's face—I said, "You villain, you have robbed me, and you have got that child that laid on the bed"—he said, "Hold your tongue, you b——, or else I will shove a knife in to you"—I did not know what to do—I turned my eyes round the room—he was gone in a minute—I did not see a knife in his hand, but there was some hard substance in his hand, what I cannot say, but he knocked it against me two or three times—I saw him no more—he was, out of the house in an instant—I am quite positive he is the person I saw on the stairs—I could see him quite plain—he had neither jacket or hat on—I am positive that Brown is the woman.
Cross-examined by MR. PAYNE. Q. Was this the first "lady transaction" you had been in that day? A. Yes—the woman that went to the room with me is not here—I had not been with any other woman that day—I had not seen in any room that day—I am sure that Brown is the person who put her hand into my pocket—she stood right alongside of me, and chucked the child on the bed—the other woman was on my right, and she was gone also—I never got my money—I was sober—when I first found Quinlan he was in the dark—I could not see him, but as soon as he came to the door-space I saw him go downs stairs, and turn into the yard, dangling the child—Brown could see my purse—I did not take it out, but she could see there was a purse—I have lost thirty—three sovereigns and nine shillings altogether—I pot the nine shillings into the other part of the purse with my left hand—there was light enough in the room to see the woman who put her hand into my pocket.
JAMES PUDDEPHATT (police-constable H 68.) About a quarter past eleven o'clock that night, I saw Brown come up Blue Anchor—yard from Crown—court, and Baynes followed her—Brown passed me, and then ran as fast as she could—she had neither bonnet, or shawl, or child—she did not speak to me or I to her.
Cross-examined. Q. In the first instance you saw Brown and Baines? A. Yes, and Baines asked me if Mr. Driscoll was on duty that night—I said yes, if she went to the right she would find him.
PIERCE DRISCOLL (police-constable H 24.) I took Quinlan into custody about twelve o'clock, half an hour after I received the information—he gave the name of Nichols—I said, "I want you"—he said, "What for?—i said, "Do you recollect the man you attempted to stab with a knife when you had a child in your hands?"—he said, "No, I know nothing about it"—I went to the house—there is a dark place on the landing, which communicates with the room—I found sixpence, and 3d. in copper, in the middle of the room.
ELLEN HAYES (a blind woman.) I keep this house in Crown—court Brown came and took a room in the evening, and said her husband worked at the steam—boats—she said Quinlan was her husband—they lived together four days—I heard running up and down stairs and a great noise on
this night—the captain said, "O my God! I am robbed," three times—I did not know who they were.
MARY BAINES . I live in Crown-court, nearly opposite this house. I know the two prisoners as lodging there—they lived together in the same house—I heard the noise and confusion—I heard some one say, "O my God! I am robbed"—I went to the door, and aroused Mrs. Haines, and asked where Driscoll was, because I thought a robbery had been committed—when I went to speak to the officer I saw Brown close behind me—I was not aware whether she had committed the robbery—she had no bonnet or shawl on.
BROWN— GUILTY . Aged 21.
QUINLAN— GUILTY . Aged 23.
Transported for Fifteen Years.
2427. GEORGE JONES and JOHN SULLIVAN were indicted for stealing, on the 23rd of September, 1 coat, value 5s.; 1 handkerchief, value 1s.; 1 pair of gloves, value 1s.; and 1 cigar-case, value 1s.; the goods of Thomas Watkinson.
THOMAS WATKINSON . I keep a public-house in the Minories. On the 23rd of September the prisoners came, with a woman—they had a pot of porter—I had come home a few moments before, and hung my coat in the bar—I was absent a short time—when I returned I was told it had been taken—I went out, and fell in with the prisoners at the corner of Petticoats lane, all standing together—Sullivan had my coat under his arm—this is it—the other articles were in the pocket.
GEORGE BROWN . I was at the public-house, and saw the prisoners with a woman—I saw Jones take the coat, and throw it over his arm—he went out first, and the others followed—I told the landlady, and she told her husband.
Cross-examined by MR. DOANE. Q. After Jones went, did not the others stop and have some beer? A. They called for a pint of half-and-half—he took the coat, and then after he went they drank it.
Jones's Defence. I went to the public-house, but as to stealing the coat, I know nothing about it.
(Sullivan received a good character.)
JONES*— GUILTY . Aged 19.
SULLIVAN— GUILTY . Aged 21.
Confined Three Months.
2428. HANNAH PERRY and ELIZA RYLEY were indicted for stealing, on the 21st of September, 1 pewter pot, value 1s. 3d., the goods of Thomas Sanders; 2 pewter pots, value 2s. 6d., the goods of James Hobbs; and 2 pewter pots, value 2s. 6d., the goods of George Hart.
WILLIAM HORSFORD . I am a constable. On the 21st of September I saw the two prisoners together in Wimpole-street—I followed them to Baker-street, and I saw Perry take a pint pot from No. 19—Ryley was close to her, and joined her—I then caught Perry, and took from her the pint pot—I asked what she was going to do—she made no reply—I then took Ryley, and from her apron took four more pots—these are them.
Perry. We had nothing to do; the pots were in the street; it is our first offence.
PERRY*— GUILTY . Aged 19.
RYLEY*— GUILTY . Aged 18.
Transported for Seven years.
FRANCIS BURDETT NORBURY . I am a linen-draper. The prosecutor lives five door from me, in the Mile-end-road—he is a linen-draper also—I saw the prisoner passing my door on the 17th of September, with a roll of flannel—I suspected it was Mr. Moore's—I went to Mr. Moore's, and ascertained he had lost the flannel—I pursued the prisoner, and he saw me following him—he ran off, and dropped the flannel—I did not lose sight of him for more than a moment, when he was turning a corner—when I came up to him he said he was not the person, that the other one had ran off, and the other's coat was a different colour to his, but I was certain of his person—I had seen his features before—I swear positively he is the person—there I was no other person running.
Prisoner's Defence. I was going towards home; this gentleman accused me of stealing some flannel; I said a person in a blue frock-coat was running by me with great speed; he said, "You must know something about it;" I was not running.
GUILTY . Aged 23.— Confined Three Months.
MR. JERNINGHAM conducted the Prosecution.
SARAH CAMPBELL . I am a widow, living in Loraine-place, Holloway. On Thursday the 27th of August I drove home in a phaeton—on arriving at Is—lington turnpike I found the back of the phaeton open, and a box containing these dresses, gone—they were mine—I had seen them safe about twenty minutes before—it was impossible they could have fallen out—on the following Monday I saw one of the dresses on Mrs. Castiglione, at a Dahlia show, at Rotherhithe—I spoke to her, and gave her in charge—here is the dress—it is mine.
Cross-examined by MR. DOANE. Q. Was any body with you? A. My servant, and another person—I saw the box these were in after it was put into the phaeton—the lid would not shut quite close—this gown is the. only thing found—it is one I have worn.
JANE GUMBRELL . I am the wife of William Gumbrell, and live in Royal-oak-yard, Hatton-garden. On Friday, the 28th of August, I was at Mrs. Castiglione's—she was out that day—the prisoner came into the shop—I was in the back-parlour—he had a bundle, and asked if Mrs. Castiglione was at home—I said, "No"—he said, "Shall I leave this bundle for her till she comes?"—I said, "Yes"—I took it, and put it into the back-parlour, and there left it—I went away between sir and seven o'clock, before Mrs. Castiglione came home—I saw the prisoner when he was taken up, on the Monday following—he said he never brought any thing there, so help him God—I am sure he is the person.
Cross-examined. Q. Had you ever seen him before? A. I had seen
him in the street before, but never spoke to him, nor did I know his name.
CAROLINE CROWE . I am servant to Mrs. Castiglione, No. 31, Cowcross. On a Friday I saw the prisoner at the shop—mistress was not at home—MRS. Gumbrell was there—the prisoner left a parcel—my masters saw it the next day.
JANE CASTIGLIONE . I had seen the prisoner before—he left this bundle on the 28th of August—it contained fourdresses—I took this one dress out, and bought it of the prisoner—I was at the Dahlia show on the following Monday, with the dress on, and the prosecutrix saw it—I was locked up and the next day was discharged.
Cross-examined. Q. Did you know what the prisoner was? A. No—I believe he was honest—I had no reason to know any thing against him.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy. — Confined Six Months.
OLD COURT.—Wednesday October 21st, 1840.
Third Jury, before Mr. Sergeant Ardbin.
2431. JOHN PEARSON and GEORGE WILLIAMS were indicted for burglariously breaking and entering the dwelling-house of Saunders Phillips, about the hour of one in the night, of the 9th of October, at All Hallows in the Wall, with intent to steal, and stealing therein, 15 watches, value 13l.; 9 brooches, value 6l.; 3 pairs of ear-rings, value 3l.; 4 guard chains, value 6l.; 1 watch chain, value 1/.; 35 necklaces, value 7l.; 29 pairs of spectacles, value 6l.; 6 butter knives, value 1l.; 3 oz. 5 dwts. weight of gold, value 8l.; 3 pairs of saltcellars, value 3l.; 3 seals, value 1l.; 2 musical boxes, value 4l.; 1 basket, value 1l.; the goods of Barnett Phillips: 50 oz. weight of silver, value 7l.; 8 watch movements, value 11l.; 60 watch hands, value 1l.; 3 rings, value 2l.; 1 pencil case, value 2l.; and 6 sovereigns, the property of the said Saunders Phillips; to which.
PEARSON pleaded GUILTY . Aged 27.
WILLIAMS pleaded GUILTY . Aged 24.
Transported for Fifteen years.
DUNCAN FORBES M'KAY . I am a bookseller. On the 15th of September about half-past four o'clock in the afternoon, I was coming up the steps on the eastern side of London-bridge, and at the top of the steps I felt a pull at my pocket—I turned, and found the prisoner behind me, and my hand kerchief dropped almost between his legs—I called, "Police," and seized him by the waistcoat, but he tore it open, got out of my hands, and ran away with a companion as hard as he could—I lost sight of them for the or four minutes—when I came to Arthur-street, I saw him maltreating one of the witnesses—I recognized him, and gave him into custody—I swear positively he is the person—this is my handkerchief—(looking at it.)
CHARLES PALMER . I was walking under the archway, across Thames street—I heard voices shouting, "Stop thief" very loud, and the prisoner came running down the steps as hard as he could—he came butt against me
and turned me round—conceiving there was something wrong I followed him up the next flight of steps, and saw him wending among the cabs—I went to the end of the cab-stand, came abreast of him, put my hand up, and said, "Stop, the police are after you"—he immediately struck me very violently in the face, and hit me right and left—several gentlemen surrounded him, and laid hold of him—he tried to writ a stick from a bystander, and said, with dreadful imprecations, that if he could have got it, he would have laid me low, for I had been too long on the face of the earth—the police took him to the station-house, but he behaved so violently, even when he had the handcuffs on, that I was afraid to come near him.
Prisoner's Defence. I had been at work, and was going to call on my sister; I met a young man, and had a glass too much; as I was coming over the bridge, there were two laborers before me; the gentleman turned round; his handkerchief laid on the ground; he accused me of picking his pocket, but he cannot say he saw me throw it down.
JOHN BLANSINLEY . I was formerly inspector of the London and Birmingham Railway police—I got this certificate from Mr. Clark's office—(read)—I was a witness on the trial—the prisoner is the person who was then convicted.
Prisoner. I never saw that gentleman before. Witness, I was the person who took him, and was in Court when he was tried.
GUILTY . Aged 18.— Transported for Fourteen Years.
2433. JOHN SULLIVAN was indicted for stealing, on the 3rd of October, 1 purse, value 1s. 6d.; 16 sovereigns, 2 half sovereigns, and 1 £10 Bank note, the property of Matthew Golightly, in a vessel in a port of entry and discharge; and that he had been before convicted of felony.
MATTHEW GOLIGHTLY . I am master of the brig Ocean, lying in the West India Dock, which is a port of entry and discharge—the prisoner was my cabin-boy. On the 3rd of this month, I went to bed about half-past ten o'clock, leaving my trowsers on a chair next my bed, and in the pocket a purse containing a 10l. note, sixteen sovereigns, and two half sovereigns—I was called up about half-past seven o'clock next morning—my purse and money was then gone, and the prisoner also—I went to his friends, but he was not there—his mother gave me up a sovereign, and his sister a half-sovereign—I found him in custody at the station-house, about one o'clock—he had a new suit of clothes on—this is my purse—(looking at it,) and the one the money was in—I have recovered the 10l. note, fourteen sovereigns and one half-sovereign—the prisoner's wages were 25s. a quarter.
CHARLES HAGAR (police-constable K 271.) I went with the prosecutor to the prisoner's parents, in Pitt's-place, Backside—I waited outside while he went in—while there I saw the prisoner pass the end of a court, and from the description I had received, I pursued him some distance—he ran into a private house—I followed him and took hold of him—I asked if his name was Sullivan—he said yes—I asked what ship he belonged to—he said, "None at all"—I found this purse, a 10l. note, and thirteen sovereigns on him—he had a new suit of clothes on.
Prisoner's Defence. I found the purse by the side of an old bucket when went down to clean the cabin, and put it into my pocket—master had been ashore, he came home drunk, and left the money about on purpose to tempt me.
WILLIAM KINNER . I am a policeman. I got this certificate of the prisoner's former conviction from Mr. Clark's office—(read)—I was a witness in the case—the prisoner is the person who was then tried and convicted.
GUILTY . Aged 15.— Transported for Ten Years.
Before Mr. Justice Bosanquet.
2434. THOMAS HUSSEY, alias Thomas Hartley Hussey, was indicted for forging and uttering a bill of exchange for payment of 40l., with intent to defraud William Thompson.—2 other Counts, for forging and uttering an acceptance thereon.
WILLIAM THOMPSON . I am an officer of the Sheriff of Middlesex. The prisoner was in my custody two or three months back, for debt—he requested me to release him—I asked him on what security, and he tendered me a bill of exchange—I told him I would not take it unless Mr. Clotty would put his name to it, knowing Mr. Clotty to be a friend of his—some hours afterwards he produced the bill, with Mr. Croat's name in it—I took it with the understanding that he was to redeem it again in a short time, and I released him—I afterwards showed it to Mr. Clotty—it is not here—I do not know where it is—I gave it to a person named Thompson, who paid me the money a few days after I received the bill—I do not know whether the prisoner had then been charged with knowing the bill to be forged—it was not due when it was paid—I had seen the prisoner on passing his window, between the time the bill was given me, and its being paid, but I had no conversation with him.
JOSEPH WILLIAMS . I am clerk to Mr. Clotty, of Sergeant's Inn. Of the 24th of July I saw Thompson, the officer, at Mr. Croat's—the prisoner also came there that day, but not in company with Thomson—the prisoner said he was sorry for it—I had not charged him with forgery, nor had any one else in terms—there was a general conversation—I wanted him to go to Mr. Croat's Chambers—he said, "You cannot detain me—I said, "I know that, but if you attempt to go away, I will give you in charge."
NOT GUILTY ,
CHARLES OSBORNE . I am a carpenter, and live at Chelsea. On the 31st of August, 1 heard a disturbance in Exeter-buildings—I went there and saw a great number of men making a disturbance, and fighting—I saw the prisoner there, and James Quinn—I did not know them before—I saw the prisoner fighting with a lot of others, and when the fight was over his brother was fighting with two or three more men, and the prisoner threw a stone or brick at him; whether he meant to throw it at him, I do not know, but it hit him on the head—there were two or three more near him, fighting all together—the prisoner was jumping about with his arms up—I could not understand what he said—there was a great disturbance—James Quin put his hand up to his head when the stone was thrown, and fell down—the prisoner was four or five yards from him—I could not tell whether they were drunk or sober—some were drunk—the beginning of it was the prisoner wanting a man named Jerry Hayes, to come out of a house, and when he came out they commenced fighting—the deceased was taken into a house—I afterwards saw him dead, and saw his body at the inquest.
Cross-examined by MR. BODKIN. Q. Were you there when Jerry Hayes
came down to the neighbourhood? A. No—there was a great deal confusion, and bricks and stones flying about from one party to the other—I did Dot notice whether the prisoner was struck by a stone—it might have happened without my seeing it.
JOHN FIDLER . I am a fishmonger, and live at Brompton. I heard the disturbance in Exeter-buildings—I went and saw the prisoner, whom I have known four years, and his brother James also—I saw a lot of them fighting—after the fight was calmed a little, James and John came towards the top of the court—another man came up to James, and said, "Do you know me?" calling him by his name—James said, "Yes," and made a strike at him, which the other man warded off—they directly closed, and got fighting—the prisoner stood by the side of them, three or four yards off, and heaved a stone with his right hand, and at his brother was fighting with the other one, they turned round, and the stone caught James on the side of his head—the prisoner turned round, ran into a house opposite, and shut the door—I believe the Quins are bricklayers, labourers—the stone was thrown at one, I cannot tell which—I did not see him pick it op—I saw it in his hand—when I went down there was a great many of them fighting, seemingly most upon one person—I do not know who—the prisoner and his brother were both there at that time, and seemed both of one party.
Cross-examined. Q. It was a regular Irish fight, one side composed of one set of men, and another the other? A. I did not see them divided—I do not know Hayes—I have heard his name—one of the Quins lives in the court.
RICHARD BANCE . I am a confectioner, and live at Chelsea. I know both the Quins—James lived near Exeter-buildings—I was standing at my own door, between six and seven o'clock, and saw the prisoner and another party going down the street, jumping and making violent gestures, throwing their arms about—the prisoner was a little the worse for liquor, but not much—they went into the buildings, and I followed—there were two distinct parties—the two Quins were of the same party—Jerry Hayes's party was in a house Higher up the buildings—Quin's party challenged the others to come out, Hayes's party came out, and each party began to fight indiscriminately—Quin's party had the best of the fight—they were fighting with any weapons they could get hold of, stones, fists, or kicking, any thing to injure one another—Hayes's party was driven into the house—one man was left, who did not go in—he was on Hayes's side—James Quin and that man said something to one another, and immediately began to fight—the prisoner was standing behind his brother, with a stone in his hand—I have no doubt but what he threw it at the opposite party; but just as the stone went out of His hand, the men shifted their position, and the stone took effect on his brother's head—there were plenty of stones and brickbats lying on the ground—James was about the soberest of the party, and did not appear to be hurt by any thing before—he fell down directly the stone hit him, and was taken in to No. 11—the stone was about the size of a half-pint mug—it was rather a flat piece of paving-stove—some of the party had been going to Ireland that day, and they generally have a drinking bout on such occasion.
Cross-examined. Q. Do you know whether Hayes's party reside on that spot, or came from a distance? A. They came from the New-road, and went into this house—some were Cannaught and some Munster men
—I was looking at them for about a quarter of an hour—they were in a tremendous state of excitement, more like cannibals than human beings.
EDWARD DICKINSON . I am house-surgeon at St. George's-hospital. I saw the deceased there on Thursday, the 3rd of September—he had a compound fracture of the skull on the right side—the bone was depressed—the operation of trephine was performed, and the bone removed—he was very little relieved by the operation—on Friday the symptoms still continued—I considered him in a dangerous state—on Saturday, on making a more minute examination, another portion of the bone was removed, and a piece of stone was found underneath the skull, about the size of a hazel-nut—it was between the skull and the dura master—he never rallied, but got gradually worse, and died on Monday morning, about eight o'clock—I afterwards examined his body—I think his death was caused by inflammation of the membrane of the brain, occasioned by the presence of some foreign body under the skull, probably the stone—but there was a portion of bone depressed as well—the stone must hare come through the skull from the wound—there was no other way.
Cross-examined. Q. How many days elapsed from the infliction of the injury till you saw the deceased? A. On the morning of the third day—I think the inflammation was actively going on when I first saw him—if medical assistance had been at band at the time the injury was inflicted, perhaps it would not have necessarily been mortal, but I think it was always very dangerous—I was informed by his wife that he was very weak, and she had been giving him beer, and he also went to his work the day after the accident, both of which were calculated to increase the inflammation.
(The prisoner received a good character.)
GUILTY . Aged 33,— Confined Three Months.
Before Mr. Justice Erskine.
2436. JAMES DAVIES was indicted for burglariously breaking and entering the dwelling-house of Jasper Fletcher, about the hour of ten in the night of the 17th of September, with intent to steal, and stealing there in 7 half-crowns, and 6 shillings, his monies.
JASPER FLETCHER . I am a green-grocer, and live in White Lion-street, Chelsea. On Tuesday evening, the 15th of September, I left my house about half-past five o'clock—I left no one in the house—the front door was fastened by a padlock—I returned about eleven o'clock, and entered at the back door, which was padlocked as I had left it—I found the back window had been opened by breaking one square of glass about four inches from the button which fastened it—a person could reach in and undo the button, and open the window—I examined, but missed nothing then—on Thursday night I missed seven half-crowns and six shillings, which I had seen safe on the Monday night in the top room, in a pot in the middle of the room—there are only two rooms to the house—I had not looked into the pot between the Monday and Thursday—I have never seen the money again, having no mark on any of it—I examined the window on the Thursday in consequence of missing the money, and found soot from the top of the window to the bottom, at the edge, and on the window-sill and sash—the mark on the sill was as if a foot or knee had been put on it—the prisoner is a sweep, and lived about five yards from my house, facing it.
he came home with a bundle under his arm—I asked him what he had got—he said, "A pair of new trowsers and a waistcoat"—I opened it and saw them—I asked where he had got them—he said he had borrowed the money of Mrs. Molloy in Westminster, and had bought them with it.
FRANCIS HORNER . I live at Watson's. On Thursday evening, the 17th of September, I met the prisoner, and went with him to Broadway, Westminster—he left me there, and said he was going to borrow some money—I afterwards saw him buy a waistcoat and trowsers, and pay four half-crowns for them; he also got his coat out of pledge, which he paid half a-crown and one shilling for, and bought a cap, which he told me he gave 1s. for—he bought the duplicate of a shirt of me for 1s.—he never told me where he got the money.
JAMES BRADLEY . I am a policeman. I apprehended the prisoner on the 17th of September, and told him he was charged with breaking and entering Fletcher's house—he denied it—a jacket and trowsers were given to me, which I afterwards showed to him—he said he gave 3d. for these braces in George-street, 6d. for this cap in Grosvenor-row, 2s. 6d. for the trowsers, 2s. for the waistcoat, and St. he gave to redeem the jacket—he said he had found a half-sovereign in Lower Sloane-street, and changed it at the Nag's Head public-house—I afterwards examined Fletcher's back parlour-window, and found a quantity of soot outside on the flower-pots, on the window-sill, and window-frame—there was the print of naked toes on the window-sill, apparently those of a small person.
ELIZABETH BUGBER . I live in Cottage-court, Orchard-street, Westminster. I know the prisoner—he called on me by the name of Molloy—I did not lend him any money in September, nor ever in my life—I do not know any other person called Mrs. Molloy.
NOT GUILTY .
Before Mr. Justice Bosanquet.
2437. WILLIAM WORLEY was indicted for burglariously breaking and entering the dwelling-house of William Leake, about three in the night of the 10th of October, at St. Marylebone, with intent to steal, and stealing therein, 2 coats, value 4l.; 1 seal, value 1l.; and 1 handkerchief, value 3s.; the goods of John William Berry: and 1 clock, value 15l., the goods of William Leake.
MR. PHILIPS conducted the Prosecution.
SAMUEL MOYES (police-constable C 45.) On Sunday morning, the 11th of October, about twenty minutes after three o'clock, I was on my beat, and passed by No. 45, Upper Harley-street—it is a corner house, and the door is in Devonshire-street—I found the door about two inches open—I shoved it open further, and saw a candlestick standing in the hall, but the candle was burnt out—the tallow in it was quite warm—I rang the bell—MR. Berry came down—we examined, but could not find out how the house had been entered—I made a report to my sergeant, and afterwards returned to the house, and saw the bar of the kitchen window broken, so that a person could have entered.
Cross-examined by MR. SIMMONDS. Q. Did not the prisoner's wife live there as housekeeper? A. As cook, I believe.
WILLIAM BALL , I am servant to Mr. Berry, an attorney, living at No. 45, Upper Harley-street, in the parish of Marylebone, Mr. William Leake is the landlord of the house, but he does not live in it—the prisoner's wife was cook in the house, and I have seen him there a good many times, but had not seen him inside the house for the last three months—he had directions not to come—on Saturday, the 10th of October; at half-past eleven
o'clock, I took the bed-room candlestick to my master, and then locked, barred, and chained the front-door—I slept in a room on the basement—between three and four in the morning, the policeman rang me up—I found Mr. Berry up—I examined the house and missed a clock, two coats, and a seal—I missed some tea-spoons out of the kitchen—I found a spit on the dresser, and four lucifer matches on the kitchen table—when I went to bed the iron bars in front of the kitchen window were all quite safe, to the best of my knowledge—I was in the area in the course of the day, and they were quite safe then—when I went to bed that night the kitchen window were down and the shutters shut—in the morning I found the shutters shut, but on opening them I saw the iron bar broken away—it would require great force to wrench it—there was a great log of wood there, as if the bar had been wrenched off with it—I never saw the log before.
THOMAS PARSONS HONEY . I am a policeman. On Sunday morning, the 11th of October, I was on duty in Weymouth-street, and saw the prisoner about one-eighth of a mile from the corner of Upper Harley-street, at the corner of Portland-road—as soon as he saw me he turned round in a different direction and went down Charlotte-street—I met him at the bottom of the road—he was carrying something on his left arm, and a bundle in his right-hand—he asked me if there was a coach on the rank—I was in my uniform—he said he wanted to take a coach to London Bridge to take the first steamer to Gravesend—I asked what he was carrying—he said, "It is my own," and walked on—I stopped him, and took two coats off his left arm, and asked if they were his own—he said they were—I shook one of the coats and heard halfpence rattle—I asked if there was any thing in the pockets—he said there was nothing—I found three halfpence and a pair of gloves in one pocket, and a silk handkerchief in the other—I asked what he had in the bundle—he said a clock—I asked if it was his own—he said it was, he had had it four years—I asked if there was any name on the clock—he said his own name was on it—I said, "If you have had it four years, tell me the maker's name which is on the front"—he said, "I know nothing about that"—another constable came up and he was taken into custody—as we went along with him to the station-house he said, "If you will let me alone, and say no more about it, I could drop you a few shillings"—I asked his name—he said, White, 30, Melcombe-mews, Dorset-square, and that he had brought the property from there—I inquired there and he was not known—I returned to the station-house, searched him, and found on him five silver spoons, two watch seals, a key, a finger ring, four keys on a ring, a pocket-book, two letters, a razor and case, a box of Lucifer matches, and a snuff box—I went to Mr. Berry's house and saw the window—I found a piece of wood in the area, and marks on it, which I matched to the iron bar of the window where it was wrenched—it corresponded exactly.
RICHARD EDMONDS . I am clerk to Mr. John William Berry, who lives in the house by permission of Mr. Leake, the proprietor. I know this clock to be Mr. Leake's—I have wound it up many years—I know this to be Mr. Berry's seal.
(William B. Gapper, Portland-road, and James Grant, messenger, gave the prisoner a good character.)
GUILTY . Aged 41.— Transported for Ten Years.
Fourth Jury, before Mr. Recorder.
FREDERICK HARRIS (City police-sergeant, No. 206.) On Friday morning, the 9th of October, I went to Smith field, and saw six Scotch oxen tied up in a particular spot—in consequence of something I had beard, I questioned the salesman—in consequence of what he told me I waited about tome time, a little distance from the beasts, to see if the person who had brought them would return, and about two o'clock I went to the horse-market—I also went to Hill and Sons, the bankers, and told them to stop the money and detain the party—I was sent for about a quarter-past nine next morning by Mr. Hill, saw the prisoner there, and took him to the station-house—I asked him his name—he said William Braxton, and that he was a fanner at Rom ford—I asked him if he could give me any reference in London as to who he was—he said no, he made no acquaintances, and did not know any one—he offered to go with me to Romford to show me the farm, and thinking he might be a respectable man, I took him to my own house, changed my clothes, and went with him—when we got to Whitechapel, on my agreeing with a spring van to take us, as there was coach, he said it was too dear, he would go by a fly—we went a little distance, and he then said he would give me 5l. if I would make it all right—I said, "5l."—he said, "D—my eyes I will give you 10l."—I said, "What for, what am I to do?"—he said, "You can go down to Crow Farm, and come back and say it all right"—I immediately said, "You are my prisoner, consider yourself in custody"—I took him back to the station.
Cross-examined by MR. PAYNE. Q. What was the hour when you first saw the beasts in the market? A. About eleven o'clock—there was no one with them but the salesman—I have been in search of a man named John, who was formerly the prosecutor's servant, but have not been able to find him—I went to look for him, in the first instance, in consequence of what was told me by the salesman—the prisoner said he should not like to he disgraced by my going down to Roxnford with him—I asked him if he kept the farm there, and he said no.
JAMES JOHN BRADY . I am a drover, and live in Brandon-street, Walworth. On Friday morning, the 9th of October, between nine and ten o'clock, six beasts were brought to me to tie up in the market—I did not see the prisoner when the beasts came—I did a quarter of an hour after—he was brought to me to know whether I had tied the beasts up or not—he asked me where his man was—I said, "Over the way, having some bread and cheese"—we went over to the public-house, and he asked me my employer's name—I told him, "Edwin Bartrum, salesman, in Lock's-fields, Walworth"—I got my master's direction written out, and likewise the prisoner's—he said his name was Braxton, and he came from Romford—he asked if the beasts were sold, where he was to apply for the money—I told him at Hill and Son's, 17, Smithfield—my master pays money there when things are sold.
Cross-examined. Q. There was a man there that brought the beasts to you? A. Yes—I do not know his name—we saw him in the public-house—I have not seen him since.
the prisoner had six beasts tied up at my rail in Smithfield—he said they were his, and wished me to sell them—he asked me what they would make—I said they might come to about 8l. or 8l. 10s. a piece—he said he should wish to have them sold, for he was short of keep—I asked him if I was to give the money and bill to his man, or leave the money in the banking-house—he said he would call for his account on the Monday following—I sold the beasts about two o'clock the same day, at 8l. a piece, and paid the money at Hill's—I made a communication to Mr. Hill, and told him to take particular care before he paid the money, as I could find no such person lived at Rom ford, and if they thought proper to detain him.
Cross-examined. Q. Where was it you first saw the prisoner? A. Just in Smithfield, Giltspur-street way—he came to me after my man had spoken to me—I had some conversation with the man who brought then in the public-house—I asked where his master lived, and he said at Rom ford—the prisoner was the first person I saw.
PHILIP HILL . I am son of Mr. Hill, a banker, in Smithfield. On Saturday, the 10th of October, about a quarter after nine o'clock in the morning, the prisoner came there, and asked for the account of six beasts sold by Mr. Bartrum for Mr. Braxton—I went to the drawer for the bill, and there was a notice appended to it that the money was to be stopped—I went and inquired what for, sent for a policeman, and the prisoner was taken.
THOMAS KENRICK . I live at Oxgate-farm, in the parish of Wilsden, Middlesex—the prisoner was my bailiff—he did not live near Romford—I went down to Margate on the 6th of October, leaving all my stock in the prisoner's charge, sheep and cattle of every description—I never gave him orders to sell any thing—I had only bought these oxen at Barnet Fair—they were at Bloomfield farm, Hendon, about a quarter of a mile from Oxgate farm—the prisoner lived in a house on that farm—I afterwards saw these six beasts at St. George's, Southwark—they are Scotch oxen—I gave 10l. a piece for them—the prisoner was with me when I bought them, on the 6th of September, and drove twelve of them home—he had no authority to remove them for any purpose.
Cross-examined. Q. Had you a man named John in your employ before the prisoner? A. Yes—the prisoner was four or five months in my service—I had a good character with him, and trusted him to count my stock every day—I never knew any thing wrong of him—I have been robbed repeatedly—I cannot find John—they have got him out of the way—I came to town on the Saturday evening—the prisoner was taken that morning—Bloomfield farm was the proper place for these cattle—they had liberty to range the fields there—there are two outer gates, and I gave the prisoner two locks to lock them—I have since examined one gate, and the staple is drawn, as my man tells me—John was only with me a few months—we had an altercation, and he left—the prisoner had all the keys—I have got the beasts back—Brady has seen them in my possession.
Cross-examined. Q. How did you know them again? A. By the brand mark on the loin, which is a patch of tar—it was no particular shape—I knew them by a mark I put on them myself afterwards, three clips of the tut and "W" on the rump—I know my own mark—I have marked
others the same way for a Mr. Wiseman, but not latterly—I always put the mark of the person who employs me.
THOMAS KENRICK re-examined. I have no beasts marked with the W in the manner the witness says, besides those six which I lost—they have been so cut about, they are not worth so much by 6l. a beast, as they were before.
(William Ingle, jun., a linen-draper is Shoreditch, gave the prisoner a good character.)
GUILTY . Aged 34.— Transported for Ten Years.
2439. WILLIAM NIXON was indicted for burglariously breaking and entering the dwelling-house of John Westbeach, on the 26th of September, it St. John, at Hackney, with intent to steal, and stealing therein, 7 spoons, value 1l. 14s., his goods; 1 umbrella, value 1s.; 1 pencil-case, value 3s.; 3 shillings, and 1 sixpence; the property of Mary Ann Saunders.
JOHN WESTBEACH . I live in Queen's-terrace, Queen's-row, Dalston, in the parish of St. John, at Hackney. On Saturday, 20th of September, I went to bed a little after eleven o'clock, I bolted the door, the windows were all fastened and every thing safe—next morning I was called up about a quarter past three o'clock, by the policeman—on going into the back kitchen, I found every thing in disorder—the dresser drawers were ransacked, and the panel of the window shutter cut open sufficient to admit an arm through—a pane of glass had been broken previously to admit a finger to undo the hasp—I went into the parlour—the sideboard cupboard had things taken out and put in the centre of the room—some plated candle-sticks had the paper which they had been in, torn off—two mustard spoons and five tea-spoons were gone from the kitchen—a leg of mutton was taken from the safe—I missed some whiskey from a decanter in the parlour, and found about a quarter of an ounce of gunpowder on the mantle-piece, screwed up like snuff—on the kitchen table a coffee-pot stood, which had been cut to see if it was silver, it had been taken off the dresser, and a metal milk jug had the handle torn off to see if it was silver—I went with the constable to Richmond-road, outside my garden, and found the prisoner in custody—he had my servant's umbrella in his possession at the time.
Cross-examined by MR. DOANE. Q. Were you the last person who went to bed at night? A. Yes—I saw that all was safe below—I bolted the doors myself—the umbrella was the only thing found on the prisoner.
MARY ANN SAUNDERS . I am servant to the prosecutor. On Sunday morning, the 27th of September, when I went down I found every thing in disorder, and out of its place—I missed an umbrella from the kitchen, and a silver pencil case, and 3s. 6d., from my work-box, a leg of mutton from the safe, which I saw at Worship-street—I had noticed my fellow-servant cut it so, that I could identify it.
Cross-examined. Q. Could you swear to the umbrella? A. Yes—I Have had it twelve months—I know it well—master's little boy broke the handle off.
ALFRED LEAMAN . I am a policeman. On Sunday morning, the 27th of September, about three o'clock, I was on duty near Queen's-row, Dalston, and coming up towards Queen's-terrace, I could see Richmond-road—I heard footsteps, and saw the prisoner walk across the road, I went up to him and asked him what he was after, and why he crossed the road—he said he went there to case himself, but went across, as he thought I should
blow him up—he had a leg of mutton under his arm, and an umbrella in his hand—he said, "Do you want to know what I have got here? I can soon show you"—he undid the handkerchief, and showed me the mutton—I asked where he got it—he said at Clapton—I asked where from—he said from his master, who was a butcher, and he was a butcher also—I called my brother constable, and left the prisoner in his charge, and searched the backs of the houses—when I came to the prosecutor's, I found the door of the wall down and lying in the yard, and a piece of glass broken in the window, which was up—I called the prosecutor up, and found the house in confusion—I took the prisoner to the station-house, and in going along he said he was not a butcher—I found on him a box of matches, a comb, a tobacco-box, 6d., and 2 halfpence—I went back to where I had stopped him, and found a jemmy, and a strong gimlet, which would make the holes in the shutter—it corresponded with it, and there were marks of the crow-bar by the side of the window frame—there were footmarks in the back garden, which exactly corresponded with the prisoner's shoes.
Cross-examined. Q. How did you try his shoes? A. I covered the footmarks over with wood until the morning, and then tried them in company with the sergeant—I tried them with the nails—I put them in very easy—I did not make a mark with them—I noticed the mark before I applied the shoe to it—I looked at the bottom of his shoe before I put it down and it appeared to correspond with the impression before I put it in, and it fitted when I put it in—there were footmarks of different persons.
GUILTY.* Aged 21.— Transported for Ten Years.
REV. THOMAS APPERLEY . I am curate of St. Paul's, Shadwell. On Saturday afternoon, the 19th of September, about three o'clock, I was going along High-street, Shadwell, and near the end of Angel Gardens, I missed my silk handkerchief from my coat pocket—my attention was called to it, and I returned with a boy, but not at the time.
WILLIAM CARROLL . I live with my father in King William-court, Cable-street. On Saturday, the 19th of September, I saw the prosecutor in High-street, and the prisoner Carney there—I did not see Ayling—I saw Carney go behind the prosecutor, put his hand in his right hand cost pocket, and take the handkerchief out—he shoved it into his jacket, and ran down Angel Gardens—Ayling was along with him when he took it—he was behind Carney, and they ran away together—I told the prosecutor, and he went back—I went with a policeman to look for them—(looking at his deposition)—this is my mark—it was read over to me before I signed it—I saw Carney take the handkerchief—I mean the tall one—(pointing to Ayling)—I saw the tall one take the handkerchief out of the gentleman's pocket and run away down Angel Gardens—the short one ran after him—I never saw the prisoners before.
JAMES HAWKRIDGE (police-constable K 199.) I apprehended Ayling in a coffee-shop in High-street, Shadwell, about six o'clock that evening, about 200 yards from where the handkerchief was taken—I asked him where the boy was that was in company with him—he said he had no one in company with him.
on the 19th of September, in High-street, Shad well—I knew him before, and bad seen him and Ayling together several times—I saw them about the highway all that day, and about half-an-hour before the prosecutor spoke to me, they passed me in High-street.
Ayling. He said he saw Carney run away down Angel-gardens, and me after him. Witness. I said nothing of the kind.
Carney's Defence. I had been to Blackwall to see my brother off to Gravesend at the time they say this happened—I returned at half-past fire o'clock, and the policeman took me.
Ayling's Defence. I met a person in the highway, who asked me to carry a bundle to the steam packet wharf for him—I came back to the high-way about four o'clock, and about five went into the coffee-shop to get tea, when the policeman took me.
NOT GUILTY .
NEW COURT.—Wednesday, October 21st, 1840.
Fifth Jury, before Mr. Common Sergeant.
2441. JAMES FORD and EDWARD COTTRELL were indicted for stealing, on the 3rd of October, 96lbs. weight of whalebone, value 8l., the goods of William Johnson Smith and another, the masters of the said tones Ford.
MR. DOANE conducted the Prosecution.
HENRY CLARKE . I am in the service of Smith and Fenn, whalebone-manufacturers, Aldersgate-street, and have been to five years and a half—Ford was in their employ, and had been very nearly six years. One morning, six or seven months ago, he came and asked where my master was—I said, "Up at breakfast"—he said, "We might have a dexen or two of bone*"—I asked what he was going to do with them—he said he could find sale for it—some time after he said the same again—about the middle of that day he asked roe to go with him, and at night I went with him to Cottrell's, in London-wall—Cottrell was in bed—we went to a public-house to have a pint of beer, and Cottrell came in—Ford asked if he would come down for some bone in the morning—Cottrell said he would, and he came in the morning about ten minutes after seven o'clock—I gave him between five and six dozen of bone—on Friday morning, the 2nd of October, Cottrell come there, and Ford gave him some bone, that evening I and Ford went to Cottrell's, he gave Ford 2Z. 10s., and said if we had got any more bone he could get rid of it—Ford told him to come the next morning; the Saturday, and he came about twenty minutes past eight o'clock—my master was up stairs—Ford, John Merison, and I were on the premises when he came—I told Merison to go down, and wash his master's basin because we wanted to get him out of the way—he went down the ware-house—when he was gone I gave Cottrell between four and five dozen of bone—Ford was at that time in the warehouse—I was in the shop—Cottrell went off with the bone I gave him—Ford was about thirty yards from me—he could see plainly what was going on—on that evening when Ford came back from his tea he gave me 30s.—he said that was my share—he did not say any thing else—I had had no other dealings with Ford—there was no transaction between the Friday evening when we got the 2l. 10s., and the Saturday evening when I received the 30s.—I was taken into custody, and admitted to give evidence, and have now come from the computer.
Cross-examined by MR. JONES. Q. Did you in the first instance vo-luntarily make this statement? A. Yes—I went and told my master all that I have told to-day—he said he had been robbed, and I must know something about it—then I told him about it—he said if I would tell him where the receiver was, he would do all he could to shield me, that I should come to no harm—I made him promise that before I said a word to him—he first spoke to me on the subject, and called me into his counting-house—I after that went to Guildhall—when they asked if I wished to say any thing, I said, "No"—I was not asked to be sworn and give my evidence, that I know of—I cannot swear whether I refused to be sworn or not—I was asked if I wished to confess—I said, "Yes, my master had promised to forgive me"—the Alderman said my master had nothing to do with it, did I wish to say it, and I said, "Yes," and then I was sworn—that was on Monday fortnight, the day my master spoke to me—Ford's place is nearly at the end of the warehouse, about forty yards from the shop—there are folding doors between the shop and warehouses—they are almost always open—my place is near the counting-house.
JOHN MERISON . I am in the prosecutor's service, and have been to two years. On Saturday morning, the 3rd of October, I was in the warehouse with Ford and Clarke—Ford wanted me to fetch some gin about ten minutes past eight o'clock in the morning, and I would not, because I thought they were about doing wrong—I said I had my master's counting-house to do out—I was cleaning it—Ford came back, and asked me why I did not go to the Still public-house—I said I had the counting-house to do, Mr. Smith, my master, would be down directly, and would be angry with me—Clarke told me to go and clean the governor's wash hand basin, which Clarke generally did himself—I took it down in the warehouse, and peeped through a hole—I saw Ford go to the shop-door, and stand there—I peeped under the scraper's bench—Ford came down the warehouse—I took the basin up—Ford said, "It is not half washed, a bit of soap will soon get that off—I said, "It is not my place to wash it, I shall not do it"—I was walking down the warehouse, and saw a man go out with a load of bone on his shoulder—I only saw his back.
WILLIAM EVANS . I am assistant to Thomas Evans, an umbrella-maker, in Silver-street, Falcon-square. About one or two o'clock on Saturday, the 3rd of October, Cottrell, who was in our employ, came to our ware-house about some work that tie had out, and he asked if we could buy some bone, about six or eight dozen—I asked what lengths they were—he said, "The usual lengths"—I said he might bring them (we have bought of him several times)—he brought them that afternoon I gave him 6l. 12s. 6d., which was 17s. a dozen, 2 1/2 percent, off for cash.
COURT. Q. Is that the proper price? A. No, the average price is 21s.—they were heavier than we use them, and were not cheaper to us than if bought in the regular way—he had worked for us some time in making umbrella frames—I never was in his house except in the lower room—I have been there several times—it is in Cross Keys-court, London-wall—he said he was commissioned by a person named Watson to sell some whalebone—that was on a former occasion—I had an invoice given me—, this is it—(looking at it)—it is receipted by Cottrell—(read)—"October 3 1840. Mr. J. Evans, bought of Edward Cottrell, eight dozen of umbrella bones, at 17s.—16l. 16s. Discount, 3s. 6d. Received—Edward Cottrell.
Cross-examined by MR. CLARKSON. Q. You had known him three years and a half? A. Yes, if I had not thought him honest I would have
had no dealings with him, nor if I had thought the whalebone was worth more.
CHARLES WALLER (City police-constable No. 201.) On Monday morning, the 5th of October, I went with Clarke to Cottrell's lodgings, in Cross Keys-court, London Wall. I found him there—I said, "Cottrell, you are charged with stealing whalebone from Smith and Fenn's, in Aldertgate-street"—he said, "I know nothing about it',—I asked if he knew Clarke—he said, no, he did not—I asked if he had any whalebone in his house—he said yes, but it belonged to Mr. Evans, by whom he was employed—I asked if he had bought any whalebone on Saturday, or sold my—he said he had not sold or bought any since last Christmas—I found no property in his house.
Cross-examined by MR. JONES. Q. Was not what he said that he knew nothing about any bone being taken out of the house? A. Yes.
COURT. Q. Was the whalebone you lost on the 3rd of October of the usual length? A. Yes.
MR. JONES. Q. Ford had been between five and six years in your employ? A. Yes, constantly, we did not suspect him.
(Ford received a good character.)
FORD— GUILTY . Aged 33.— Confined One Year.
COTTRELL*— GUILTY . Aged 36.— Transported for Seven Years.
First Jury, before Mr. Common Sergeant.
GUILTY . Aged 17.— Confined Six Months.
GEORGE NEWBY . I keep the Grapes public-house in Fore-street, Cripplegate; the prisoner was my bar-boy. On the 10th of October, I put five shillings into my till, which had stamped letters on them—there was also a sixpence and a franc in it—the next morning the prisoner was set to clean the till.
Cross-examined by MR. PHILLIPS Q. You had a character with him? A. Yes, I set him to clean the till because I suspected him—I am in the habit of leaving it open.
Cross-examined. Q. Did you say any thing to him? A. I said Mr. Newby wished him to be searched—he seemed reluctant.
GUILTY. Aged 17.—Recommended to mercy by the Jury. — Confined Two Months.
had ordered some rings came and selected one of them—while he was there the prisoner came in and requested to see a pencil-case—I showed him some—he leaned over the counter and nearly covered it—the gentleman went back from the counter, and while his back was turned, the prisoner requested to see some other pencil-cases—I snowed him some others—he then left the shop in a hurried manner—I then had the gas lighted, and the gentleman requested to see the other rings, that he might see how they looked by candle light—I then missed one ring—I heard no more of it till I saw in the newspaper that the prisoner was taken—I went to the office with the gentleman who had been in my shop, and we identified him—this is the ring I missed—(looking at it)—I am quite sure the prisoner is the person who was in my shop.
BENJAMIN BULLEN . I am shopman to a jeweller in Holborn. On the 17th of September, the prisoner came and asked me to show him some gold seals—I laid a tray of them before him—he looked at several, and asked for one with "Fidelity" engraved on it—I said I had not got one, but I would get one and wait on him with it in the morning—he gave me an address in Hatton-garden—I saw something in his hand, and gave him in charge—the ring produced and a gold pencil-case were found on him.
Prisoner. I hope you will show me mercy.
GUILTY .† Aged 24.— Transported for Seven Years.
2445. EDWARD COOK was indicted for stealing, on the 18th of September, 1 sovereign, and 4 shillings, the monies of George Baker; and THOMAS EVANS , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.; to which
COOK pleaded GUILTY . Aged 13.— Confined Four Months.
ANN BAKER . I am the wife of George Baker, of Simmonds-street, Chelsea. On the 18th of September, I was removing my goods, and between eleven and twelve o'clock I gave my desk to the person my husband employed to move—I had placed a sovereign and four shillings in a drawer in that desk, in a piece of paper—the desk was not locked—I missed the money and spoke to Cook about it—he said he knew nothing of it—I said I would send for an officer, and have him searched—he went with us to Jew's-row, and there we saw the prisoner Evans—Cook said to Evans, "I say, Ben, where is that money I gave you"—Evans said, "I have no money"—I said, "You have my money, I will call a policeman, where is the policeman?"—Evans then took us through a court, and unlocked the door of a privy, got on the seat, and took from between the tiles the sovereign and four shillings.
Cross-examined by MR. PHILLIPS. Q. How long was that after you lost it? A. Within the same hour.
HARRIET ANDREWS . I went and collared Evans, and said, "Where is the money?"—he said, "I have got no money"—I said we would get a policeman—he took us down to the privy, and gave the money—Cook was employed by the man who moved the goods—I did not see Evans there.
Cross-examined. Q. Was it in the paper? A. Yes—it had not been opened.
innocent—he said at the station-house that Cook gave him the mon—Cook said that he took the money to Crawley'e-yard, and gave it to Soldier, which is a nickname that Evans goes by.
Evans's Defence. I was going home to dinner, and this chap asked me to mind the money till night for him.
EVANS†— GUILTY . Aged 19.— Transported for Seven Years.
2446. FREDERICK WILLIAMS was indicted for stealing, on the 19th of September, 1 coat, value 6l. 17s.; and 1 cane, value 3s.; the goods of the Honourable Fox Maule: 1 coat, value 2l., the goods of John Henry Upton, Viscount Templetown: 1 coat, value 1l. 5s., the goods of Henry Robert Ferguson, Esq.; 1 cloak, value 1l. 10s., the goods of Jane Crawford Ferguson: 1 coat, value 2/. 10s.; and 1 scarf, value 2l. 10s.; the goods of Benjamin Heath; in the dwelling-house of Henry Frederick Stephenson; to which he pleaded
GUILTY.** Aged 22.— Transported for Ten Years.
JOSEPH HOSIER . I keep a clothes-shop, in Plummer-street, City-road. I had a waistcoat hanging inside of the door on the 24th of September—I saw it safe about ten minutes before five o'clock, and it was brought back a few minutes after—this is it—(looking at it.)
JOHN COTTRELL . I live in Plummer-street, opposite the prosecutor's. About five o'clock, on the 24th of September, I was in my front shop, and saw the prisoner hook the waistcoat off with a little whip—he put it on the ledge of the window, stood before it, and turned his back to it—he then saw every thing was clear, and popped it under his jacket—I followed and took bold of him—a policeman was passing—I told him to take the waistcoat from under his jacket—it appears the prisoner did not do it for want.
GUILTY.* Aged 13.— Transported for Seven Yean—Ship.
WILLIAM KNIGHT . I am the son of William Knight, of Wilstead-street, Somerstown. I was in the shop on the 22nd of September—I hung these brushes up in the morning—I do not recollect when I saw them last, but I missed them in the evening, about a quarter to ten o'clock—I have never found them since.
CHARLES MARSH . I live in the Hampstead-road. At a quarter to ten o'clock on this evening I was at the prosecutor's shop—I saw Smith take down three brushes from the door-post—I am sure he is the man—Atkins and another person were walking on the curb, near the door—after Smith took them Atkins joined him, and Smith gave him the brushes—they went some distance, and gave them to a third person, who went away with them—I followed, saw a policeman, and gave them in charge.
I came up—the two prisoners were given to me—they said they knew nothing about it.
(Smith received a good character.)
SMITH— GUILTY . Aged 21.— Confined Three Months.
ATKINS**— GUILTY . Aged 19.— Transported for Seven Years.
ROBERT BYLES . I am a shoemaker, and live in Strutton-ground. The prisoner was in my employ—on the evening of the 16th of September I missed a pair of men's shoes, and next morning two pairs of boys' shoes—I charged one Tanner with stealing them—I spoke to the prisoner about them—he told me one pair was in pawn at Mr. Adams's, and another at Mr. Debenham's—these are them—I do not think that the prisoner stole them, but that the other one did.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy by the jury.
Confined Three Days.
2450. JAMES PRICE was indicted for stealing, on the 19th of September, 1 coat, value 4s., the goods of John Hubbard; 1 coat, value 12s.; 3 pairs of trowsers, value 11s.; 1 waistcoat, value 5s.; 2 jackets, value 4s.; 4 handkerchiefs, value 2s.; 2 pairs of stockings, value 1s.; 1 shirt from, value 2d.; and 1 brush, value 1s.; the goods of Luke Hallard.
LUKE HALLARD . I lodge at Mr. Smith's, in Hatton-wall. On the 19th of September, about half-past ten o'clock in the morning, I missed the things stated from my box, in my bed-room, in the garret—the box was locked—I had seen them safe just after ten o'clock the same morning—they are all here now—(looking at them)—they are mine.
SARAH SMITH . I am the wife of Andrew Smith, and live in Hattonwall. Hallard lives at my house—my husband observed to me, on the 19th, that a young man went out with a large bundle, and he had nothing when he came in—I went out and saw the prisoner—I laid hold of his arm, and said, "Who have you been to in my house?"—he said, "For Mr. Hallard's clothes"—he had the whole of this property with him.
Prisoner's Defence. I was going along, and a baker sent roe for the things.
GUILTY . Aged 18.— Confined Nine Months.
MARY ANN WILLIAMS . I live in Crown and Cushion-court—the prisoner worked at Mr. Orchard's. On the 10th of October I saw her throw a parcel out of the window, it fell into the Greyhound-yard, between a cart and the wall—I then saw her come and take the parcel up—she went and spoke to two labourers—I do not know but that she might have conic to fetch it buck into the house.
Cross-examined by MR. PAYNE. Q. How far is your house from the
prosecutor's? A. I think about twenty yards-MR. Orchard's door is round the corner—I could not see whether the prisoner went in there.
CHARLES HALL (City police-constable, No. 230.) I saw the prisoner go up the yard—I did not see her pick up the sacks, but she had them—I asked her what she had got, she said sacks which had fallen out of Mr. Orchard's window—she might have been going back with them.
NOT GUILTY .
THOMAS BUTLER . I am a linen-draper, and live in High-street, Shore-ditch. On the 18th of September, about seven o'clock, I received informtion, and went out—I saw the prisoner running away with these shawls in an apron—he threw them on one side—I followed and stopped him—he asked what I wanted him for—I told him to come back to the shop, and I would see—he then said, I must carry him—I got him back—some one picked up the shawls, and took them to my shop—I am sure the prisoner threw them down.
JOHN ALLFORD . I was passing the prosecutor's shop—I saw the prisoner and another there-one of them took the shawls, but I cannot say which—the other put them into the prisoner's lap—he ran away with them, and threw them down.
GUILTY . Aged 18.— Confined Six Months.
CHARLES JAMES MERCER . I am shopman to John Burgess, a pawn-broker in High-street, Kingsland. On the 17th of September, about four o'clock in the afternoon, the prisoners came to the shop-door together—Glover asked the price of a handkerchief hanging in the doorway which they were both looking at it—he then asked me if I had not something particular to show them—I showed him two other handkerchiefs in the shop—while I was doing that he was placing a handkerchief round his neck, I suppose to attract my attention—Shore pulled down the handkerchief, which they had been looking at the door, and walked away—I pursued and brought him back—he tried to get rid of the handkerchief in the door-way—he said he knew nothing of Glover, but when they got out of the door, Glover told him not to go on so fast.
Cross-examined by MR. JONES. Q. Did they appear to you to be tipsy? A. They were a little—it might have been Glover who first asked the price of the handkerchief, but they both looked at it-Glover was in the shop when I went after Shore, and I found him there when I returned—he appeared not to know what had transpired.
Shore's Defence. I met my fellow-prisoner, who asked me to go with him to Shacklewell; on our way, being accompanied by two others, we went to a public house, where I become unconscious of what occurred till I was in the station-house the next morning.
(Shore received a good character.)
SHORE— GUILTY. Aged 25.-Recommended to mercy. — Confined Four Days.
GLOVER— NOT GUILTY .
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 25.— Confined Three Months.
FRANCISCO FIGULS . I am an oilman, and live in Woburn-buildings. On the 22nd of September, between ten and eleven o'clock, I was in my back parlour, I heard a noise, went into the shop, and saw the two prisoners—Pearson was against the counter—Lynch was leaning over the counter, and had his hand in the till—I caught them both, and found three half-crowns in Lynch's hand—Pearson was close to him—they had not called any body to serve them—I looked into my till, and missed three half-crowns—I sent for an officer, who took them.
Pearson's Defence. I was going into the shop, and the prosecutor came out—I did not go in till I saw the prosecutor come.
LYNCH— GUILTY . Aged 13.
PEARSON**— GUILTY . Aged 11.
Transported for Seven Years.
2456. THOMAS SMITH STAFFORD, WILLIAM JARRETT BRIDGES , and JOHN HARRIS , were indicted for stealing, on the 17th of September, 2 basins, value 3s. 6d.; and 1 knife-rest, value 6d.; the goods of George Golton:to which Stafford pleaded
GUILTY . Aged 15.— Confined Six Weeks.
GEORGE GOLTON . I live in Holy well-lane, and deal in glass. On the 17th of September I bad been out on business, and when I returned, my wife told me that three boys were lurking about—I went to the door, and saw three boys on the other side of the way—I got behind the door, took down the door-shutter, and looked through the window—I saw the three prisoners come to the window, put their hands in at one time, and take out the basins and knife-rest—they all ran away—I came from the stairs, and went after them—Stafford went down a turning which was no thoroughfare—he put down this basin, and said he hoped I would forgive him, as his father and mother were in distress, and had no food.
Cross-examined by MR. PAYNE. Q. Was Harris found at his father's? A. Yes, in bed—I did not see him take any thing.
SARAH GOLTON . I am the prosecutor's wife. I watched the prisoners through the window—I saw two of them put their hands into the window—one took one basin, and another another—they went away—I believe the prisoners are the boys.
Cross-examined. Q. Where were you? A. Concealed under the counter—I looked through a crack—I could not see very well.
SARAH BRANCH . I saw three boys on the 17th of September, lurking about the prosecutor's window, but I cannot say that the prisoners are the boys—they look different to what they did at Worship-street.
WILLIAM ROWLAND . I am a policeman. I was passing near the prosecutor's house—I saw the three prisoners about fifteen yards off—I went on, and in a few minutes the prosecutor's wife fetched me to the shop—I
found Stafford there, crying—he said he was in distress, and it was his first offence—he told me the names of the other two prisoners—I went to Harris's house, and his father gave him up.
(The prisoners received good characters.)
BRIDGES— GUILTY . Aged 15.
HARRIS— GUILTY. Aged 15.Recommended to mercy.
Confined Six Weeks.
FRANCIS BAILEY . I live in Tavistock-place. The prisoner was my footman for about ten weeks. On the night of the 15th of September, at half-past eleven o'clock, after all the family had gone to bed, as I conceived, I looked out of the window, and observed the door which leads into the street, to be ajar—(my house stands back, and there is a covered way leading to the street)—I went down to fasten it, and saw a person in female attire, with a hand on the bell—I asked what she wanted, and was answered, "I was ringing for one of the servants"—I turned round and saw that it was the prisoner, who is my footman, dressed as a woman—I called the police, and gave him in charge—the police-sergeant suggested the proprety of his boxes being searched, which they were—this fringe was found in his box, and the bottle of ale in a cupboard, locked up.
Cross-examined by MR. BALLANTINE. Q. I believe you had the prisoner with a three years' character? A. We had a character from a lady who knew him—not from the person he lived with—I am not able to identify this fringe—I am not quite certain that the ale is mine.
SARAH DAVIES . I am cook to the prosecutor, I saw this ale found in a cupboard in the footman's bedroom—the prisoner was the footman—he had got my bonnet, shawl, and apron, in the kitchen—he took them without my knowledge.
JOHN SUTTON . I belong to the house of Shoolbred and Cook—they supplied Mr. Bailey with some fringe on the 1st of September—I have seen the fringe found in the prisoner's box, and compared it with what was supplied to Mr. Bailey—it corresponds in pattern, weight, and colour.
Cross-examined. Q. I suppose you have a great variety of fringe? A. Yes, and a great deal of this sort—this might have been purchased in our shop without my knowledge.
NOT GUILTY .
WILLIAM TATHAM . I have been selling shell-fish. I was at the Windsor Castle public-house on the 18th of September, about half-past eleven o'clock at night—I went to get half a pint of beer—I sat down, and the prisoner was sitting at a table about two yards from me—I fell asleep, and my money was then secure in my right-hand pocket—I had two sixpences, seven pence, and seventeen halfpence—when I awoke my pocket was cut, my money all gone, and the prisoner was gone—I said I had lost
my money—I met the prisoner at the Windsor Castle the next day, and gave him in charge—I have not found my money.
ANN FRANCIS . I was at the Windsor Castle public-house on the 13th of September. I saw the prisoner and the prosecutor there—I saw the prisoner unfasten the prosecutor's trowsers, take out his pocket, and take away something—I did not observe what it was—he then walked out of the room—he had sat opposite the prosecutor, and no one else had been near him—the next day the prosecutor came and asked me who it was did It—I told him, the prisoner—I was afraid to speak at the time, and I have had my life threatened since by the women and the boatmen in the City-road—I have been obliged to have a person to protect me night and day.
Prisoner. She is a common prostitute, and walks the City-road—on the first examination she said she saw me borrow a knife of another man, and on the second she was asked if I had a knife or scissors, and she said the did not see any.
GUILTY . Aged 21.— Confined Six Months.
2459. THOMAS BROWN was indicted for stealing, on the 23rd of September, 5lbs. weight of ham, value 3s., 2 half-crowns, 5 shillings, 9 sixpences, 2 groats, 12 pence, 90 halfpence, and 62 farthings, the property of Samuel Matchett Freshney.
ELIZABETH FRESHNEY . I am the wife of Samuel Matchett Freshney, we keep a grocer's shop at Blenheim-terrace, Chelsea. On the 23rd of September, between eleven and twelve o'clock in the day, I was in the kitchen, and heard the money rattle in the till—I ran into the shop and saw the prisoner there, with my till under his arm—I caught him—he threw the till on a tub in the shop, and ran away—the till contained the money stated—I raised the alarm—he was pursued and brought back in about two minutes, but I never left the shop—I know he is the same person.
Cross-examined by MR. PRENDERGAST. Q. How do you know him? A. By his features—he very likely was not in my sight more than half a minute—I am confident I am not mistaken—I am not aware that any money was gone from the till—I did not say that I saw him reaching across the counter.
LUCY HOWELL . I live next door but one to the prosecutor. I saw the prisoner and another boy there—the prisoner, I believe, took half a ham and gave it to the other boy, who put it into a bag and went off.
JOSEPH DUNTON . I am a hair dresser, and live in Blenheim-terrace. I heard a cry of "Stop thief," and a young man ran past my house—a person told me a person had run away with a bag of money—I went out and took the prisoner, who had run by some buildings.
Cross-examined. Q. Where did you stop him? A. In King-street, about 250 yards from Blenheim-terrace—he passed my house and went round another street into King-street, and I met him there—I did not see his face distinctly when he passed.
(The prisoner received a good character.)
GUILTY of stealing the Money. Aged 17.—Recommended to mercy by the Prosecutor. — Confined Three Months.
2460. EDWARD WOODCOCK was indicted for stealing, on the 25th of September, 5 cabbages, value 2d., the goods of William King; and JANE REED , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
WILLIAM KING . I am a gardener, and live at Edmonton. I sent a load of cabbages to market on the 25th of September, by Woodcock, who was then ray weekly labourer—he had no authority to part with any of them—he was only drawing them for a person in Farringdon-market—they were common cabbages.
HENRY DODWELL . I was in the police-force. On the 25th of September, about eleven o'clock at night, I saw Woodcock driving the cart; of cabbages—he stopped at Edmonton and went up Edmonton-place—he there spoke to Reed—he then took five cabbages and gave them to her—I called to her and she threw them down.
NOT GUILTY .
2461. NATHANIEL JENKINS, the younger, and JAMES REARDON , were indicted for stealing, on the 6th of October, 1 time-piece, value 4l.; 14 pewter-pots, value 14s.; 12 books, value 1l. 4s.; I table-cloth, value 4s.; 4 candlesticks, value 4s.; 1 brush, value 1s. 1 comb, value 6d.; 6 brass gas-burners, value 3l.; 2 brass fittings, value 2l.; and 16 shillings; the property of Joseph Waggett and others.
MR. PRENDERGAST conducted the Prosecution.
JOSEPH WAGGETT . I am one of the trustees of the Wesleyan chapel, in Stanhope-street, Hampstead-road. I have a right of ownership over the articles there as trustee, and there are sixteen or seventeen others On the morning of the 7th of October some article were produced to me by the policeman—I can identify the whole of three articles—they had all been safe in the chapel at a quarter before ten o'clock the night before—I went to the chapel, and the property I had seen safe the night before was gone—these are the articles.
Cross-examined by MR. PAYNE. Q. In whose personal custody were these things? A. No person lives on the premises—the key of the chapel is in the possession of a woman, who is here.
CHARLES GRIMSHAW (police-sergeant N 21.) On the night of the 6th of October I was on duty near Hampstead-road—I saw the two prisoners coming up Stanhope-street, about 150 yards from the chapel—they were coming from it—Jenkins was carrying the bag which I now produce—I went and asked what he had got in that bag—he said, "Only some old brass, master"—I asked what—he said. "Old candlesticks and different things"—he said he had been emptying a privy, and found them—I asked who he worked for—he said, "Hayward, in Camden-town"—I asked him to come to the lamp that I might see what it was—he wanted me to go to a cellar down the next turning, where he was going to shoot it—I said I could see by the light of the gas to satisfy me—I took out one part, looked at it, and I then told them they must go to the station-house—I took the bag, and they ran off, one way, and the other the other—they had been close together before.
Cross-examined. Q. Do you mean to say that you could distinguish Reardon distinctly? A. Yes—he did not run till I was in the act of going to the station-house—they both answered me—Reardon made answer that
it was only old brass—it was Jenkins who bad the bag, but when I spoke I addressed both of them.
JENKINS— GUILTY . Aged 18.
REARDON— GUILTY. Aged 17.Recommended to mercy by the Prosecutor.
Transported for Seven Years.
OLD COURT.—Thursday, October 22nd, 1840.
Second Jury, before Mr. Sergeant Arabin.
GUILTY. Aged 41.—Recommended to mercy.
Transported for Ten Years.
2463. SAMUEL MATTHEWS was indicted for feloniously and knowingly uttering, on the 1st of August, a forged order for the payment of 5l. 10s. with intent to defraud Phoebe Victoria; also, for uttering, on the 16th of July a forged order for the payment of 8l. 5s., with intent to defraud Charlotte Martinett and another; also, for uttering, on the 26th of August, acertain forged order for the payment of 5l., with intent to defraud Loveday Gard; also, for uttering, en the 26th of August, a forged order for the payment of 5l., with intent to defraud Ellen Hunt; also, for uttering, on the 17th of July, a forged order for the payment of 10l., with intent to defraud Margaret Beeden: to all of which indictments he pleaded
GUILTY . Aged 24.— Transported for Life.
WILLIAM THURNELL . I am an upholsterer, and live at Aldgate. On Friday, the 16th of October, between five and six o'clock, I was in the shop, and saw the prisoner at the door—I watched him for two or three minutes—I turned away for a moment to give directions, and when I turned back I saw him trying to take a piece of oil-cloth—he made three attempts, but could not take it, it was too heavy—he moved it about a yard towards the door—he ran away, I followed, and gave him in charge.
Cross-examined by MR. BALLANTINE. Q. Did you lose sight of him at all? A. Yes, as he turned round the corner, but he turned back in a moment, and I put my hand on bin, and said, "How could you take this in open daylight?"—he said he did not take it.
GUILTY . Aged 31.— Confined Three Months.
Before Mr. Justice Bosanquet.
ROBERT HENDERSON . I am a carman, and live in Upper Charlton-street, Fitzroy-square. On the 17th of September, about seven o'clock in the evening, I was at the Grosvenor Arms public-house, in Grosvenor-street—the prisoner came into the room, with other persons—I never saw him before—I had known Thomas Croft for about a month previous to this—I had seen him daily—he came in soon after the prisoner—the prisoner raised
up his arms, and began sparring at him—Croft said, "Mr. Buckland, I am not in the humour to take any of your nonsense, if you do not desist you will create a row"—the prisoner had pot attempted to strike him, but was only sparringr as I thought, in good humour—the prisoner then pushed Croft toward the door, and Croft pushed him back again—the prisoner then pushed him out of the room into the passage, and a scuffle took place in the passage for about a minute—I remained in the room, others went into the passage—the prisoner came back about a minute after, and appealed to me and others if we did not see Croft strike him—I said, "No, I did not see a blow on either side"—shortly after I heard Croft's leg was broken—I went into the tap-room, where Croft was sitting on a form, and somebody holding his leg—a surgeon was sent for—the prisoner was not in the tap-room.—Croft was taken in a coach to the hospital—he was sixty-three years old—the prisoner is about thirty-five, I believe, and is a gentleman's servant.
Cross-examined by MR. JONES. Q. What was the deceased? A. A waiter—he went by the name of Thomas Croft—I never saw him write his name—I never heard him called Cross nor Crofts—the prisoner seemed frolicsome and in liquor—the deceased said he was not in a humour to take nonsense—the prisoner pushed him first—Croft did not appear in liquor—I never saw him drunk.
JAMES WHITE . I am a cheesemonger, and live in John-street, Golden-square. I was at Owen's public-house on this evening, about seven o'clock, standing in front of the bar—I saw the parlour-door open, and Croft walk out backwards, followed by the prisoner—I never saw either of them before—as Croft came out of the door I heard him say, "Don't strike me"—I saw the prisoner strike him about the head and face, and he fell down backwards in the passage—I rather think it was a back-handed blow—I did not see any stick—I did not hear Croft speak afterwards—they took him into the tap-room directly, and the prisoner went into the parlour again—in about half a minute a policeman was tent for, and he was given in charge—the surgeon came, and I saw Croft on the form—I believe he was the same person I had seen in the passage, but I could not get near him for the crowd.
Cross-examined. Q. Was it a blow, or merely a push? A. A blow, I am certain.
JOHN RYAN . I am a servant out of place. I was in the parlour at the Grosvenor Arms public-house—the prisoner came in with a friend of his named Brammage—I know the prisoner very well, he is a gentleman's servant—I believe they did not bit down—they had a pint of beer—the prisoner was rather in liquor—Croft, who was the waiter at the house, came in a few minutes after—he and the prisoner were known to each other—there was no quarrel between them—Croft came and stood close to the prisoner, and turned round in about a quarter of a minute to go out into the passage—the prisoner said, "Why did you strike me?"—I had seen no blow struck—Croft went out directly into the passage of his own accord, as far a I saw—the prisoner stepped after him, and spoke to him—I had not seen any sparring in the room—I heard a noise, and went into the passage—I saw Croft lying on the floor—I went to take him up—he was taken into the tap-room, and sat on a form—the prisoner returned into the parlour, and sat down very peaceably—he never attempted to move—Croft complained of his leg being broken—I heard the prisoner say he was very sorry for what had happened, and I believe no man was
more so—he appeared very sorry—the gas was not lighted in the parlour it that time—I do not know whether it was lighted in the passage—I saw it alight after the surgeon came.
Cross-examined. Q. Had you seen Croft and the prisoner together before? A. Yes—they always appeared on very friendly terms—the prisoner said it was entirely an accident; that be meant no harm towards the man; and that liquor was the cause of it—I have known the prisoner about twelve months or upwards—he has lived in respectable situations, and appeared a quiet, well-disposed, inoffensive man, except when in liquor—he is then rather frolicsome than angry—I went to the hospital to see Croft three times, and talked to him—he was the same person as was injured at the house.
CORNELIUS METCALF STUART BABINGTON . I am house-surgeon at St. George's Hospital. I saw the deceased there on the 19th of September—he was admitted on the 17th—he had a fracture of both bones of the right leg—the larger bone had protruded through the skin—there was a wound of about an inch in extent on the fore part of the leg, from the protrusion of the bone—I attended him till the 11th of October, when he died in consequence of the accident—I made a post-mortem examination, and found he died with abscesses on the liver and lungs, arising from the fracture of the leg—I judge of that from many cases I have seen before of the same kind, in which the matter is taken up from the leg to the liver and lungs—I have no doubt whatever that the injury of the leg was the original cause of death—the fracture might have been produced by many causes—there was no disease of the bone to cause it to give way suddenly, only the bones of old persons give way more easily than others—there was a good deal of external bruising around the fracture, about the middle of the leg.
Cross-examined. Q. Might the fracture be occasioned by a sudden fall on the floor, without any thing else? A. Yes—the deceased's constitution was very much broken—if he had been of an unbroken constitution I think he would have recovered.
NOT GUILTY .
Fourth Jury, before Mr. Justice Erskine.
2466. JAMES NOICES was indicted for unlawfully, maliciously, and feloniously assaulting William Metcalf on the 29th of September, and stabbing and wounding him in and upon the right side of the belly, 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.
WILLIAM METCALF . I am waiter at the York and Albany tavern, in the Regent's-park. On Tuesday evening, the 29th of September, between eight and nine o'clock, the prisoner was in the tap-room—the pot-man, Henry Brown, a groom named Shill, and other persons were there—the prisoner was sitting down with his arms on the table, leaning forward—he was drunk—while he was sitting there I took up a splinter, which is used for lighting the pipes, and put it towards the prisoner's hands—it was alight at the time—I did that twice, but did not put it near enough to burn him either time, nor did it touch him on either occasion—on the second occasion he said if I did it again he would shove a knife into me—he jumped up, and put his hand into his breeches' pocket, and took a knife out—I saw the knife—it was shut—I saw him open it—he followed me—I was afraid he meant to stab me, and jumped on the top of the seat on the other
side of the room to where he sat—he followed me, and made one or two thrusts at me with the knife, across the table which was between us, and I picked up a short whip—he was standing on the floor facing me—I had done nothing to him then—I tried to knock the knife out of his hand with the whip, and struck him with it on the hand the knife was in—I did not strike him till after the second time he made the thrust at me—I did not succeed in knocking it out of his band—I felt the knife enter my belly, when he made a third thrust, just below the navel—I called out that he had stabbed me, and they took the knife away from him—the pot-man interfered then—he had not interfered before—he held the prisoner's arm back, and I got down and showed him where he had stabbed me—I undid my breeches, and the blood was flowing from the wound—the pot-man fetched tome rag, applied it to the wound, and stopped the blood—the prisoner sat down, and called for some beer—the pot-man said he should not have any more there—I went into the kitchen, leaving the prisoner in the tap-room—MR. Knaggs, the doctor, came, he dressed the wound, and attended me till the following Sunday.
Cross-examined by MR. HORRY. Q. Was it not later than eight or nine o'clock? A. It was between eight and nine o'clock—I had only just come in when I took the splinter off the table, put it to the fire, and put it towards his hands—I did nothing else with the splinter, that I recollect—I was going to sit down—I should not have staid longer than until the bell rag—he was in a reclining position—his head was not on his hands, but was hanging over the table—he was sitting leaning forwards over the table—he had an opportunity of seeing me if he liked—I cannot say how long he had been in the house—I did not intend to touch his hands with the splinter—I am certain he saw me do it, because his eyes were open—his face was in front of the fire, and his back to the wall—I put the splinter towards him out of fun—I did not put it to his hand—I did not expect to be stabbed for it—I had no object but fun—it went out almost directly, and I lit it again—I did not wish to torment him nor tease him, as he said he would shove a knife into me—he got up—that was after I put the splinter towards him the second time—I only did it twice—he said he would stab me if I did it again—he was up directly—I did not hear him make use of any expression before he got up—one of the other persons was close to him, the others were a good distance—one person sat two tables from him—when I saw the knife I began to run immediately—the minute he got up he had the knife in his hand—as he got up he took the knife out—I had been drinking, but not sitting down—I had had two or three glasses of beer—Shill and Brown were in the room some time—Brown had been in and out as his business called him—I do not know when Shill came in—that was the first time I had put the splinter towards his hand—I have larked with him before—I never had any quarrel with him—he did not say, "If you don't let me alone I shall affront you."
HENY BROWN . I am pot-man at the York and Albany public-house. On Tuesday evening, the 29th of September, about ten minutes to nine o'clock, the prisoner was there, and Shill and Metcalf—the prisoner was leaning on the table—I did not see him come in—I was in the room about ten minutes—I saw Metcalf come in—the prisoner was then sitting by the table near the fire-place with his arms inclining over the table, and his head leaning over his arms—he was awake, and drunk—when Metcalf came in he went to the fire, and took a splinter of wood, lit it, and put it towards
the prisoner's hands two or three times—he touched his hands—the prisoner told him to leave him alone—Metcalf did it again two or three times—after he had lighted it the second time he touched his hands again with it—he touched them two or three times with it in all—the prisoner told him to leave him alone again—he then got up, and told Metcalf if he did it again he would shove a knife into him—I saw him take a knife out of his pocket, and open it—Metcalf then got on a seat at the other side of the room—the prisoner followed him, and struck at him two or three times with the knife—he was on the floor about three feet from Metcalf, and the table was between them—he struck at him across the table—I did not see Metcalf do any thing else—he told me to take the knife from him—I did not see Metcalf do any thing while he, was striking him—I got up, and caught hold of the prisoner's arm—the prisoner went and sat down—Metcalf jumped off the seat, and said he was stabbed—he undid his clothes, and I saw the wound bleeding, about an inch and a half below the navel on the right hand side—I got some rag, and applied it, and strapped it up—I was then called away—the prisoner put the knife into his pocket.
Cross-examined. Q. How was the prisoner lying? A. With his head reclining over the table, talking to us—he was quite drunk—Metcalf touched his hand with the burning stick—I often saw the prisoner there—I have not seen people frolic with him—I never saw Metcalf put the lighted splinter to his hand before—I have heard of his doing so—I did not see Metcalf seize a whip, and try to knock the knife out of the prisoner's hand—if he had done so I should have seen it—I saw no whip—I did not hear the prisoner say any thing before he got up, except telling him to leave him alone—he did not leave him alone—I did not hear him say, "You had better leave me alone, or I shall affront you"—I was sitting next to him.
JOHN SHILL . I am servant to Mr. Castles, of Camden-town. On Tuesday evening, the 29th of September, I went to the York and Albany public-house, between eight and half-past eight o'clock—I found the prisoner, prosecutor, and Brown in the tap-room—the prisoner was sitting down leaning on the table with his head down on his arm—he was not asleep, but was quite drunk—I saw Metcalf put a lighted splinter to his hand two or three times, and likewise to his face—it touched his hand—the prisoner wished him to leave him alone, and not trouble his head with him—Metcalf did it again, and then the prisoner said he was an old man, and wished him to leave him alone—on his doing it the third time the prisoner got up, and walked across the room—Metcalf was on the other side of the room—he got up on a seat—the prisoner walked to him—I did not hear him say any thing before he walked across the room—I did not see any thing in his hand—I did not hear the prisoner speak at all when he got to Metcalf, nor see him do any thing—I was sitting near the fire at the end of the room, and did not leave my seat—I have known the prisoner many years—I saw nothing of the stabbing—I heard Metcalf call out, "Take the knife from him," but I did not see the knife—Brown got up, and took hold of his arm—Metcalf pulled down his trowsers, and said, "He has stabbed me"—I did not see the wound.
Cross-examined. Q. Before the prisoner got up, did not he say, "You had better leave me alone, or I shall affront you?" A. He said he did not wish him to trouble his head with him—I do not recollect his saying any thing about "affront"—I do not recollect telling any one that I heard him say so—I had seen the prisoner there before—I never saw Metcalf do any thing to him before.
HENRY KNAGGS . I am a surgeon, and live at Camden Town. On Tuesday, the 29th of September, I was called in to see Metcalf at the York and Albany tavern, at half-past ten o'clock in the evening—I found him in bed, and found a wound two inches below the navel, half-an-inch long—it had separated the skin, and gone into the body—it is a part in which a wound might produce dangerous consequences—I did not probe it—(looking at a knife)—this knife might have inflicted the wound—I attended Mm until the Sunday—it is a very dangerous part of the body, but the wound itself was not dangerous—if the whole blade of the knife had entered the body, it would have been still more dangerous.
Cross-examined. A. It was only a slight wound after all? A. It was wry dangerous in the first view of it—serious inflammation followed.
EWARD ICHARDSON . I am a policeman. I apprehended the prisoner on the 29th of September, at the Bedford Arms public-house, Camden Town—I told him I wanted him—he came out with me into the street—I then said, "I want that knife"—he said, "What knife? I have no knife"—I put my band into his right-hand breeches pocket and found this knife—I found a stain of blood on the blade afterwards—I said, "This is a pretty thing to stick into a fellow"—he said, "He had no business to interfere with me then, I would stick any man that interfered with me"—I said in going along it was a very serious affair, the man might die—he said he might die and be d—d—he was quite drunk.
(The prisoner received a good character.)
GUILTY of an Assault only. Aged 53.— Confined Twelve Months.
Before Mr. Justice Bosanquet.
2467. ABRAHAM MOSS was indicted for lawfully, maliciously and feloniously assaulting Phoebe Moss, on the 27th of September, and cutting and wounding her in and upon the face, chin, and right-hand, with intent to do her some grievous bodily harm.
PHOEBE MOSS . I am the prisoner's wife, and live in Prescot-street, Goodman's-fields. I have been separated from him three years, and have only seen him once since, which was on the 20th of May, two years ago, at the burial of my child—when we were together we lived in Cartwright-street, Rosemary-lane—I left him and went to lodge in Prescot-street—last Monday evening three weeks he came up to my room—I was quite alone and was doing nothing, as it was the first day of our new year, which is a holiday—the door was just on the close—he pushed it open, came in, and stood before me, with his coat open, and his hands under his coat—I had two lights burning on the table—he said, "I want some victuals," and not having seen him so long I was rather startled at seeing him—I said, "How can you come on such a night as this, to ask me for victuals, when neither I nor my family have had a dry crust from you these three years?"—he then took a knife and held it towards me—I took my right-hand and grasped the blade, and he tried to draw it from me, but I firmly held it—he then rushed on me with another knife, which he had also under his coat, and knocked down the lights, and I was in the dark—he cut me on the chin with that knife—I was still holding the other knife fast—my right-hand was cut and bled very much, with holding the knife—I saw the second knife coming towards me before I was cut on the chin—I still held the first knife in my hand and screamed loudly—MRS. Holland came to my assistance with a light, and then Mepham came—they caught hold of him,
and brought him out on the landing-place—I was so frightened, I believe I still held the first knife in my hand when the other was taken from him, and I said, "O my God, are there two knives?"—he still had one knife grasped in his hand when I said that—I had never seen either of the knives before—there were none on the table when he came in—there was a cloth on the table; in honour to our holidays and sabbaths, we never keep a table uncovered—I struggled with him before any one came in, I think for about a quarter of an hour, or very likely not so much, but it appeared to me a great age—I had had tea about six o'clock—this was after that—my daughter had tea with me—she is, I believe, thirty years of age—she was not with me when this happened—she had left about a quarter of an hour, to go on a message into the next street—there had been no quarrel between me and the prisoner since I saw him two years ago—I never met with him and never spoke to him—I had never sent any messages to him, or received any—he never resented my leaving him—we had lived middling happy before I left him.
Prisoner. Q. Did not I bring up the children for thirty-one years, and provide for you in respectability, and with hard work and honesty? A. I do not like to say—you did, but in what manner I am almost ashamed to say—about fourteen years back you left me in my confinement, with a baby a month old, and six children—the children's education never cost you a penny—they were trained by the free-school—when I left you did not support me—I went out into the street, and stood in frost and snow with fruit to support my children—I supported them—what you sent me would not keep the baby at the breast—you did not help to teach the children different trades—you never would study for the children—it was me that lived in the greatest poverty, to strive for them, to get them what they know—I had no money to give you—I did not run away from you three years ago and strip the place—I took away what belonged to my eldest daughter, what she bought—I have not a thing but what my children have purchased between them—I have five children living—I have lost one—the four children are able to support me and their little brother by their industry and my little assistance—you told me if I would leave you I might go, for you would not keep me, and you would keep the two boys—I was only gone one night, when you sent a neighbour with the little boy, with a message, that you would pay 2s. a week for him, but I never received a farthing—the other boy you kept for twelve months, and then you were taken very ill, and went to the hospital, the boy came to me, and I have kept him ever since, till I got him into an asylum, about eight months back—I did not encourage the boy to rob you while he was with you—when you asked me for a bit of victuals, I said, "How can you come and ask me on such a night as this for victuals?"
Prisoner. You said, "How do you know I have got any?"—I said "Because I know you have had some of my money given to you"—you said, "Before I give you any victuals I will stick that knife into your guts." Witness. I never used such a word in ray life—the young man that courted my daughter, never came at unseasonable hours in the night, for you would not allow the door to be opened after eleven o'clock—he never kept us up till three o'clock in the morning—he never came later than eleven o'clock—he brought her home one night at eleven o'clock—you said, "If you come at this hour again I will charge the police with you"—he is a very respectable young man—you applied to the High-Priest for a divorce, but he would not give it you.
JOHN MEPHAM . I live in the same house as Mrs. Moss—I heard her crying out "Murder," and went to her room—MRS. Holland had got there before me—I passed her at the room-door, and on looking into the roam, Mrs. Holland held a light up—I looked under her arm, and saw the prisoner's arm raised above his head, and saw the blade of the knife—I then rushed in on him, and took hold of the wrist of his right hand, which he had the knife in—I took him by the neck with my left hand, and took the knife from him—MRS. Moss was crying "Murder, murder; don't let him go," and I detained him on the landing till the police came—she complained of being cut in the chin and in the hand—the prisoner said, "Give me in charge," two or three times—he did not give any explanation of what had taken place—MRS. Moss did not say in his presence how it had happened—I saw another knife, either in Mrs. Moss's hand or Mrs. Holland's—they were small table-knives—the prisoner stood with his back towards me when I first saw him, and his arm raised, and the knife above his head—he was close to the prosecutrix—they had hold of one another.
Prisoner. Q. Did not you take hold of my arms, and pin me behind? A. No; I took you round the neck, and seized the knife in your right hand—you did not give me the knife and say, "This is the knife I took from my wife"—you did not resist much—the knife was firmly grasped in your hand—I took it out of your hand, you did not give it to me—you did not say a word about giving you in charge till you got on the landing—you went nut with me at once on the landing, and there I detained you—I gave the knife to one of the women behind me, I cannot say which—you did not attempt to get away.
COURT. Q. Did you know the prisoner before? A. Never.
ANN HOLLAND . I am the wife of Michael Holland, and live in the same house as Mrs. Moss. I heard the cry, and went down with a light—there was no light in her room—the door was open—I saw the prisoner in darkness—I held my light up, and saw the shadow of something in the prisoner's hand—he and Mrs. Moss were both together—she was screaming "Murder"—they were struggling, to the best of my knowledge—I stood at the door—I did not see Mrs. Moss with any knife—I saw her after he was taken away, bleeding at the hand and chin—the prisoner said nothing—I saw him taken away—after he was gone, I saw the candlesticks on the floor—the knife was not given into my hands—Mepham took it from the prisoner—I had seen the prisoner once before.
Prisoner. Q. When you came down, were not the candles burning in the room? A. No, they were out.
SILVANUS GILL . I am a policeman. I was called to the prosecutrix's room, and saw the prisoner there, and several other persons—MRS. Moss said, in his presence, that he had brought two knives to murder her—she was bleeding from the hand and chin, and said her husband had done it—she handed me the two knives, and said they were what her husband cut her with—I asked the prisoner if they were his knives—he said no—I asked him no more questions—I asked Mrs. Moss if she gave him into custody—she said, "Yes"—I asked her if the knives belonged to her—she said "No"—I took him into custody—he did not speak all the way to the station—house—when he got there be complained of a small cut in his finger, which he said was done in the scuffle—there was blood on one of the knives—when Mrs. Moss charged him with the act, I do not recollect that he made any answer to it.
Prisoner. Q. Where was I when you came up? A. On the landings and Mrs. Moss also—Mepham stood by your side—I fetched some knives from the house, by the Magistrate's order, to see what sort of knives she used, and they did not correspond with these—they were all white-handled ones, and these are black.
(The prisoner made a long defence, the same in substance as his cross-exanimation of the prosecutrix, and stated that the knives were both upon her table, that she made a thrust at him with one, and in struggling to get it from her, it touched her chin—that they both cried murder, and assistance came.)
GUILTY of an Assault only. Aged 68.— Confined Twelve Months.
Second Jury, before Mr. Justice Erskine.
2468. WILLIAM BATES was indicted for stealing, on the 18th of September, at St. Marylebone, 2 bags, value 6d.; 80 sovereigns, 60 half-soveveigns, 20 half-crowns, 70 shillings, 30 sixpences, 20 groats, 6 5l. notes, I order for the payment of 15l. 18s. 10d., and 1 order for 15l. 6s. 2d.; the property of Edward Scotchman, his master, in his dwelling-house.
MESSRS. ADOLPHUS and BALLANTINE conducted the Prosecution.
EDWARD SCOTCHMAN . I keep the Crown public-house in Henry-street, Portland-town—the prisoner was my pot-man. On Friday morning, the 18th of September, I came down stairs a little before six o'clock—I placed two bags on the bar parlour table—one contained five or six 5l. Bank of England notes, a cheque for 15l. 6s. 2d., another for 15l. 18s. 10d., and some gold; and the other contained silver—I then opened my house—I saw the prisoner about ten minutes after I had done so—he did not sleep in the house—he came and opened the tap-room door, then went and opened the back yard door—he then went into the kitchen, I believe, for the knives—there is an entrance out of the kitchen into the bar-parlour, the door of which was open, and he could see the bags from the position in which he was—he then came and ordered some gin for the men who were at work in the sewer—I put some gin into a bottle—he then ordered half a pint of rum—I washed a bottle to put the rum into, and while doing that, the prisoner went towards the kitchen again—he was gone about a minute—I could not see whether he went into the kitchen or not that time, I had seen him go in before, when he went for the knives—I saw him in the kitchen—I was in the bar-parlour at the time, and the bags were then on the bar-parlour table—he could see the bags from the kitchen—when he went towards the kitchen the second time, I had not sent him there—I was at the counter at that time, washing the bottles, and was not in a position to see whether he went into the kitchen—he had time between that and his return, to go into the bar-parlour—when he came back he told me to put another half-pint of rum into the bottle, and make it up to a pint—I did so, and placed the bottles on the counter at the bar—he then said, "I want half a quartern of brandy for myself, for I have been ill all night, and I am all of a shake now"—he appeared to be so, but when I saw him first in the morning, I did not perceive any thing the matter with him—he appeared to be as usual—while serving him with the brandy, I heard footsteps, and saw a man go out of the street door leading to the bar—the prisoner was at that time in front of the bar, drinking the brandy—I said, "Who is that man? I saw no one come in"—he said, "I don't know who it is, I saw nobody come in"—he then went out with the bottles
and liquor—I shortly afterwards returned into the bar-parlour, and found the bags and money gone—I informed some policemen—I did not make any charge against the prisoner that day—he came back in about half an hour, to the best of my belief—I said, the man who had gone out had robbed me of my money, and asked him if he knew any thing about it—he said "No"—I asked him nothing more about it till next day—he said he knew nothing of it—I then gave him in charge, and said, "William, I give you in charge on suspicion of being concerned in the robbery"—he said very well, he was willing to go—the policeman was there at the time—on Tuesday evening, the 23rd of September, John Burnham came to me, in consequence of which, I sent for sergeant Taylor—Burnham then produced a bag containing 80l. in sovereigns and half-sovereigns—the bag was dirty, and bad earth on it—it was not one in which my money had been—the money was counted over by Taylor, returned into the bag again, and given to Burnham—Taylor followed Burnham out, and in two or three minutes I also followed them to the parlour of the New Inn—I there saw the prisoner, Burnham, Taylor, and Newton, the landlord, and the same bag of gold was on the table—when I went in, the prisoner made an attempt to escape out of the door—I stood at the door, and prevented him, and said, "Let us have none of your nonsense, or I will floor you"—there was upwards of 100l. in sovereigns and half-sovereigns in one of the bags I lost.
Cross-examined by MR. PHILLIPS. Q. Were you in the habit of taking these bags down every morning? A. I was—there were two or three persons came to the front of the bar about the time the money was taken, and had a penny-worth or two of gin, but they went out at the same door they came in at—I did not send the prisoner to see if he could detect the thief—he volunteered to go, and I permitted him—he was taken before Mr. Rawlinson, the Magistrate, on Saturday—he underwent an examination there, and was discharged—he was taken up again on Tuesday, the 22nd—he was not in custody on Sunday or Monday—he had that time to escape, if he liked—there is a glass-door to the bar-parlour—it had curtains to it, which were closed—I consideredthe bag safer below stairs than up stairs—I discharged the prisoner on the Saturday, after he came from the office—I told him he was no longer my servant, and as soon as I had a settling with him I should discharge him—I owed him eight weeks' wages, and he owed me 10l., and on Monday evening he, and a person named Huxton, I believe, who called himself his legal adviser, served me with a writ for trespass for taking him up—the 10l. he owed me was for beer which he took our, and for which he was answerable—I allowed him 1/2 d. a pot for what he took out—there was no final settlement between us—I said, when he served this writ on me, if he would settle with me I was willing to pay him his wages—I have known Burnham ever since I have been in that house, which is twelve months—he is in the habit of coming to my house—I know his brother—he is at work there at the sewer—I left him there this morning—I never knew more than one brother—they were both in the habit of coming to my house.
MR. ADOLPHUS. Q. When the prisoner was first taken before Mr. Raw-linson, and discharged, had you any witness there besides yourself? A. Only Mr. Craig, who went with him in search of the man, no one else—there was nothing in his employment with me to give him possession of 80l.—I believe Burnham is a ground-digger.
COURT. Q. You say you saw a man going out of the street-door; was
he going as from the kitchen which leads to the bar-parlour? A. Yes he was—I only saw the man's side-face—it was not either of the Burnhams—I saw enough of him to know that—probably two minutes had elapsed from the prisoner going away from me towards the kitchen, and the man's going out—I was at the bar at the time, and the prisoner stood facing me, drinking the brandy—the man did not pass through the bar, but through the passage—there is an entrance out of the passage into the bar—I saw him through that entrance, as he was passing out at the door—I could not see whether he had been in the kitchen or not, he was passing from the direction of the kitchen.
JOHN BURNHAM . I am a labourer. I have known the prisoner about twenty years. On the morning of the 22nd of September I saw him, about half-past eight o'clock, going up Henry-street, Portland-town—he was alone—I told him there was a man taken up on suspicion of Mr. Scotchman's robbery, and I and my brother were going down to the office to see if we knew him—he said he would go with us—he went with us with his entire own will, and we looked at the man—he saw the man in custody, and he said that was not the man, he was not big enough—he went away immediately—I and my brother stopped at the office, and heard the man's examination, and then returned home—after dinner I was going up Henry-street towards Mr. Scotchman's again, and met a man—in consequence of what he said to me I went to the Swiss tavern, and saw Bates—I told him I had come there, as he had sent for me by that man—he asked me, what news—I told him, "Very bad"—I then asked him to come outside, and I said, "Billy, what made you go away so soon from the office without telling us?"—he said, because he could not stop, for that young man that he had seen at the office was one out of the two—he said that young man was standing at the bar having a pint of beer, while there was another taking the bag with 8l. of silver in it—I asked him what had become of the other—he said, "That is my business"—I said, "Billy, this will all be found out, for you are concerned in it"—he said, "I know I am, but it can't be found out, for I had none of the silver, and nobody saw me take the other; there is nobody can come it on me; and what I have got I have put away, so as I can get a little at a time, as I want it"—I asked him what had become of the notes and cheques—he said he had burnt them—we than went inside, and he gave me a sovereign to pay for 1s. worth of brandy and a pot of half-and-half—it came to 18d.—I returned him 18s. 6d.—we then went across the fields to Hampstead, and in coming home he gave me 2s. 6d. to get some steak, and told me to get them cooked—I did so—there was a mistake made in the house, too, and he did not come to the house that I got them cooked at—I went outside, but could not see him—I saw his brother, and by his direction I went to another public-house, the New Inn, where he was sitting up in a room by himself—I told him I thought it was very foolish of him sitting there spending his money, and being in a house that he was not in the habit of using—his brother said he thought it was very foolish of him too—I and the prisoner then came away, and went into the fields—I asked him where he was going—he said he did not know where to go—we went across the fields to Chalk-farm, and there we had a small glass of brandy each, and he had a loaf or biscuit and cheese—we then came out again—I said, "Billy, this will all be found out, and you will get transported"—I then asked him how much of the money he had got—he said he had got about 80l. or 90l.—I told him I thought the best thing would
be to tell me where it was, or give it to me, that I might take it to Mr. Scotchman, for I thought he would rather have that than transport him—he burst into tears, and said, "Oh, my dear children!"—we then went across the fields home, and into his garden—he stooped down, and took a bag out of the earth with his hands—I could not see whether it was covered, at it was dark—we then went into the brick-field—I told him to count it to me, so that he might not say he gave me more than I gave Mr. Scotchman—he counted it over to me, to the amount of 80l. in sovereigns, end half-sovereigns—I told him if Mr. Scotchman would not consent to take it I would return back to him with it—he then proposed where we should meet after I had been to Mr. Scotchman—I said, "At the New Inn"—that was where I went to him when he was alone—I went to Mr. Scotchman with the money, and saw him—I told him something—he fetched Taylor, the policeman, and I produced the bag in their presence—Taylor counted it, and it was put into the bag again—I took possession of it by Taylor's instruction, and went to Bates at the parlour of the New Inn—I went in alone—Taylor had followed me, and was standing just outside—when I went in I gave Bates the bag again, and told him Mr. Scotchman said he would not have any thing to do with it—I called for a pint of beer, and, in the meantime, in came Taylor—Bates dropped the bag on the floor—Taylor; picked it up, and took Bates into custody—I was examined next morning at Marylebone office, and the prisoner was committed.
Cross-examined. Q. You said to him he would be found out, for he was concerned in it; was it then you first began to suspect he was concerned in it? A. I suspected him in the morning, when I first started with him, finding him more flush of money than usual—he did not say he knew he was concerned in it, but them that took the bag with the silver had not got the gold—he never mentioned gold to me—he said, he could not be found out, for he had none of the silver, and no one saw him take the other—when I told him it was foolish to sit in the public-house alone, where he was not in the habit of going, his brother said, he thought so too, as it would cause people to have suspicion—I had not heard him tell his brother any thing about the robbery—I merely took him to witness my words, that I was noticing him—that was all I heard his brother say—he also said, he thought it looked suspicious of him spending so much money about—I forgot that at first, but I recollect he did say it—when we came, out of Chalk-farm—I said, "Tell me where the money is, or give it to me, for the others will split on you, and you will get transported"—I stated that just now—I mentioned the expression, "the others will split on you"—I work at any kind of labor—I have only one brother, his name is William—he is in England—I have a brother-in-law, named Edward French—I have dealt in watches at any time when I can purchase one worth my money—I have bought four—I buy them to sell again if I can turn any thing by them—I do not deal in oats, only when I buy them for my horse—I have bought oats and chaff mixed of a man named Kent, and outset it in labour—I deal in timber, but very little—I have bought some deals to make a shore, which I have been doing—I have dealt with a man named England, but never bought timber of him—I was never a witness before—I was not a witness in the Lincoln's Inn case—I was here in the gallery and heard it, knowing the young man that was tried for it—he was no fiend of mine, merely an acquaintance—I came to see how it went on—I had known the young man three or four years.
MR. ADOLPHUS. Q. You say, his brother said to him, that he would fall into suspicion; at that time was the robbery perfectly known generally? A. It was, all through the neighbourhood, and published in the papers—I was never tried, or charged with any felony in my life, nor had any imputation whatever on me.
JOHN TAYLOR , (police-sergeant S 17.) On Saturday, the 10th of September, I apprehended the prisoner at his master's house—at the prisoner's request I went and searched his house—I found this silver snuff-box, two sovereigns, and 11s. in silver—he was taken to Marylebone-office, and discharged—on the Tuesday following Mr. Scotchman came to me—I went with him and Burnham to Mr. Scotchman's house, and there I saw this bag of gold produced by Burnham—I counted it—there were 63 sovereigns, and 34 half-sovereigns—I put it into the bag again, gave it to Burnham and Mr. Scotchman and I followed Burnham to the New Inn—Burnham went into the parlour—I stood outside against the parlour-door, waiting for Mr. Scotchman who had not come so quickly—I stood so as to be ready in a moment to go into the room—I could not hear any thing that was said in the parlour—I went in and found Bates and Burnham there—I told Bates I had come to apprehend him again for his master's robbery—he arose from his seat, and something dropped—he wanted to get out, but I stopped him—I picked up the bag of gold close to his feet—it could not have dropped from any one but him, from the way in which they sat—I put it on the table—the landlord came in, and Mr. Scotchman directly after—I found in the prisoner's pocket a half-crown, three shillings, and nine sixpences in silver, and 1s. 9 1/2 d., in copper—he said to me, "It is all up with me now," and he turned round to Burnham and said, "I thought you were ray friend, but now you are my foe"—the money was counted, and was just the same amount as before.
(William Pargeter, tailor, and George Nurton, the prisoner's brothers-in-law; Richard Frost, gardener; John Miller, grocer, Henry-street, Portland-town; Joseph Jowle, shoemaker, 8, William-street, Portland-town; and Joseph West, labourer, William-street, deposed to his good character.)
GUILTY . Aged 26.— Transported for Seven Years.
Third Jury.—Before Mr. Recorder.
MR. DOANE conducted the Prosecution.
THOMAS MASSEY . I am a watchmaker, and live in Birchin-lane. The prisoner was my shopman for twelve or fourteen months—in consequence of something that happened at the latter end of September, I sent for M'Lean, the Inspector, and gave the prisoner into custody—I afterwards went with him to the prisoner's residence in Collier-street—I think he occupies the house, and lets out the first floor—it is a four-roomed house—I saw his tools there—I found forty-seven duplicates, and among them three which the inspector took charge of—(looking at three watches)—these are all my property, and were in my possession while the prisoner was in my service—I had not sold nor parted with them—the prisoner had no right to them in any way whatever.
Cross-examined by MR. PAYNE. Q. I believe your brother recommended the prisoner to you? A. He did—I understand he was in business
for himself before he came to me—I cannot exactly say when I had last seen either of the watches—the one produced by King, was taken in exchange from a gentleman, on the 7th of November, last year—I have an entry of it in the book—I cannot tell when I bad last seen it—I have not taken stock for the last eight months—the prisoner continued in my service from the time I took it in exchange.
JAMES KING . I am a pawnbroker in High Holborn—I have a watch, No. 1001, pawned on the 6th of August—I do not know who by—the young man who took it in has left my service—it it in the name of Charles Ellis, 10, Castle-street—the duplicate produced by the officer corresponds with the one on the watch in all respects, and is the same hand-writing.
THOMAS WENTWORTH . I am shopman to Mr. Barker, a pawnbroker in High Holborn—I produce a silver watch pawned on the 8th of May, in the name of Charles Ellis, 10, Castle-street—I do not recollect who by—the duplicate produced is the counterpart of the one upon it, and corresponds in all respects.
RICHARD SAYER . I am shopman to James Sayer, a pawnbroker in Drury-lane—I produce a watch pawned on the 6th of January, in the name of John Ellis, 10, Castle-street—I believe I took it in—I have no recollection of the person—one of the duplicates produced belongs to it.
Cross-examined. Q. Is it your hand-writing? A. No, my brother's—the person taking in the pledge does not always write the duplicate.
M. MASSEY re-examined by MR. PAYNE. Q. When had you last seen the watch pawned on the 6th of January? A. I had taken it in exchange on the 23rd of December, 1839, the entry is in my own hand-writing—I was not at home at that time, but I had a partner previous to that—I kept the accounts on in the old book after our separation, they were put into the hands of a solicitor, and I copied the entry out—the original entry was made by the prisoner—I made the entry in January—the watch was then in my shop—I was in Scotland, at the end of last December, for fire weeks—I came home about the middle of January—I left the prisoner in the management of the shop with my brother—I might have owed the prisoner 2l. odd for wages at that time, but I cannot say—this watch was taken in exchange in my absence—he did not tell me on my return, that in consequence of my being absent longer than he expected, and not having paid him the 2l., he was obliged to raise a little money on this watch—he said nothing of the kind—I swear that positively—his wages were 30s. a week—I might have owed him at different times from 2l. to 3l.—I paid him in full, at least, eighteen times out of twenty—there might have been a balance in his hands, but generally he was paid his general weekly wages—I might have owed him something when I went to Scotland, but when I came back, whatever was owing was paid him, and I gave him a sovereign besides—(looking at a book)—on the 8th of August, this year, he only received 1l. when 30s. was due—on the 15th of August 10s. is entered to him, but at that time there was a balance, and a misunderstanding between us—he claimed about 2l. as due to him—I know well he cheated us out of 10s. more than was due to him—I got very warm on the occasion, and said, "You have charged me 10s. more than I owe you, but I will take great care from this time there shall be no more mistakes," and I entered it
in the book, and said, "We will put down now what your wages are, and what you receive"—I gave him 30s. when there was 10s. entered, because I owed him a sovereign—this account does not leave 3l. 0s. 6d. due to him at the time he was apprehended—there is not a balance of 3l. in his favour—the balance is 1l. 8s.—I have his own hand-writing to prove it.
Q. Here is "piece-work, 15s. 6d.? A. That I know nothing of—after a robbery took place he was suspected, and I put him out of my shop—on the Saturday following he was taken into custody—there was no demand made for work done that week—he never asked me for money—as to what is charged against me at that time we never went into the matter—I positively swear he never told me that during my absence he had been compelled to pledge a watch—I never authorized him to pawn any watch whatever—I never knew they were pawned till he was stopped by the officer, and the duplicates found—I will swear I did not give him this watch out of the window, and authorize him to pawn it in lien of money—I did not owe him 4l. on the 6th of August—I do not know that I owed him half-a-sovereign—I will not swear to one or two sovereigns—he did not ask my permission to pawn a watch he had in his own pocket—I once allowed a confidential traveller of mine, named Clifton, who had been in my employ twelve or fourteen years, to pawn two watches, as he wanted money greatly, and said it would be a great favour if it was not convenient to me to let him have money, and I gave him leave—I take my oath that was never done on any other occasion whatever—the prisoner has a wife and one child.
MR. DOANE. Q. Has Clifton left your service? A. Yes, a month or two ago—it is two years ago that I allowed him to pawn the two watches, long before the prisoner was in my service—while he was with me, I never suffered any body to pawn a watch, and had no idea of it.
COURT. Q. When did the last watch come into your possession? A. On the 7th of November—it was pawned on the 6th of August—No. 1955 came into my possession after I separated from my partner—I took the stock, in which it is entered, before I went my journey in November—they were all three in my possession before the 1st of January, 1840.
(Joseph Clements, watch-maker, Oxford-street; Jacob Hewett, livery stable-keeper, Hedgehog-mews; William Walker, Drake-street, Red Lion-square; John Thomas Leat, Duke-street, Manchester-square, silversmith; gave the prisoner a good character.)
GUILTY of stealing one watch. Aged 31.— Transported for Seven Years.
(There was another indictment against the prisoner.)
NEW COURT.—Thursday, October 22nd, 1840.
Sixth Jury, before Mr. Common Sergeant.
(The prisoner pleaded poverty.)
GUILTY . Aged 51.— Confined Nine Months.
Prisoner's Defence. I picked it up in a white bag.
GUILTY.** Aged 25.— Transported for Seven Years.
EMANUEL MOSS . I am a tobacconist, living in the Quadrant—the prisoner is my errand-boy. I left him in the shop on the 3rd of October—there was 1s. 6d. in the till when I left the shop—I returned in an hour, and asked if he had taken any money during my absence—at first he said "No," after that, he said, "Yes, I have taken 5s.—I pulled out the till, and counted the money—there was 6s. 6d.—having a suspicion that he had robbed me, I gave him into custody, he was searched, and 8s. 6d. found on him, and among it was the shilling which I had left in the till previous to my going out—I knew it by a mark on it.
WILLIAM BALLARD . I was in the police, but am not now. I went to the prosecutor's shop, and bought 3s. worth of cigars—the three shillings were marked with my initials—I came out, and sent in Frederick Davis, giving him two marked shillings—he came out, and showed me the cigars he had bought—I then went in, and purchased 2s. worth more—having received a sign from Mr. Moss, I went for a policeman—I saw the prisoner searched—he denied having taken any money, and said the 5s. I paid him were in the till—I examined the shillings, and found on him one I had paid him, and Mr. Moss identified another by a dent on the edge.
Cross-examined by MR. DOANE. Q. You marked four shillings? A. Yes, and two sixpences and two shillings which I gave to Davis—it was all that was in the till hut the shilling which was found on the prisoner.
GUILTY. Aged 15.—Recommended to mercy. — Confined Two Months.
JOHN HALL PRATCHELL . I live in Sydney-place, Kings-road, Chelsea. On Saturday, the 12th of September, between one and two o'clock, the prisoner, who I knew as a customer, came to my shop—she asked to look at some nets, which I showed her—she said they would not do, but
there were some in the window at 1 1/2 d. a yard—I went to get them out, and not seeing any at the price she named, I took out the first I saw—she said it was not the one, there was one marked 1 1/2 d.—I went again—I turned my head while I was at the window, and I saw two dozen napkins which were on the counter, move—I then brought the net—she said it would not do, but in a hasty manner she said, "I will take two yards of this"—after she was gone I missed the napkins, and went to the police-office—the prisoner came again on the Monday week following, and I gave her into custody—I call this diaper—they were not cut into napkins then, they were in one piece, and it was four yards of diaper; but when cut as they are now, they are called napkins.
Cross-examined by MR. DOANE. Q. Can you swear it was in one piece? A. I had never opened it—I never knew of a piece of napkins cut in my life—one napkin measures three-quarters of a yard—if any body asked for four yards of diaper, I should not give them twelve napkins—they would ask for napkins, not diaper.
MATTHEW KILLINGWORTH . I live at Mr. Perkins's, a pawnbroker, in King's-road, Chelsea. I produce four napkins pledged on the 15th of September by a person similar to the prisoner in size, but I cannot swear positively to her.
NOT GUILTY .
SARAH ROBERTS . I am the wife of Edward Roberts, a carpenter, in Great Camden-street. I have known the prisoner for three years—she came to me on the 17th of September, greatly distressed, and I relieved her—she said she was living at a hospital in Hatton-garden—I went out with her—next morning I missed my husband's shoes, and after that my shawl—this is my shawl—(looking at it.)
CHARLES HILLYER . I was at Mrs. Roberto's house—she and the prisoner went out—the prisoner returned in half-an-hour, went to the parlour, and I heard her open a drawer—she then left with something in her apron.
Prisoner. I pawned articles for her that afternoon for 6s., which she was going to pay to the loan society; she then said she had not enough, and sent me back for these things.
NOT GUILTY .
2475. WILLIAM GRANGE was indicted for stealing, on the 1st of October, 1 bag, value 1d., 6 sovereigns, 2 half-sovereigns, 4 half-crowns, 8 shillings, 2 sixpences, and 3 £5 Bank notes, the property of Robert Tilling, his master.
MR. DOANE conducted the Prosecution.
Middlesex Hospital. The prisoner was in my service occasionally for three or four years, as driver—on the 1st of October I went to take a pianoforte to Windsor—I had a canvass bag, which contained the money and notes stated, and I concealed it between the rafters in the hay-loft—I left the stable about six o'clock in the morning, and returned about eight in the evening—on the Sunday morning following I missed my bag and money—I went with the policeman, and Mr. Couts, to whom the 15l. belonged, to the prisoner's house—I found the prisoner—MR. Couts said it was a hard case that he should lose his 15l.—I said to the prisoner, "Bill, if you have got the money, or the greater part of it, give it me, as I don't want to have any piece of work with you"—he then said, "Master, I want to speak with you outside the door"—I went out with him, he spoke to me, and I gave him into custody—I saw him give the policeman two sovereigns, and we found in his room a bill of parcels.
JOHN MANSBIDGE (police-constable E 22.) I went with the prosecutor and Mr. Couts to the prisoner's room—MR. Couts said to the prisoner, "I cannot afford to lose my money, if you will give it up there shall be no more about it"—he said, "I have not got it"—the prisoner gave me two sovereigns, and I found in his room a bill of parcels for 7l. 4s.
NOT GUILTY .
GUILTY . Aged 13.— Confined Five Days and Whipped.
JOHN FARROW . I live in Red-lion-street, Spitalfields. On the 19th of September I had a horse and cart in the warehouse—I had just returned from the country, my coat and cushion were in the cart—I went back soon after and missed them—this is my cushion—(looking at it.)
GUILTY .† Aged 18.— Confined Nine Months.
WILLIAM DYKER . I am shopman to Charles Hawkins, a linen-draper, in Tottenham-court-road. On the 19th of September this flannel, with the calico round it, was exposed for sale outside the door—I missed it about eleven o'clock in the morning—I know it by the mark on it—(looking at it.)
GEORGE JOHN RESTIEAUX (police-constable E 49.) I stopped the prisoner on the 19th of September in King-street, going towards Long-acre, with this roll of flannel—he said a strange man gave it him to take to the Bull Inn in Holborn.
GUILTY.* Aged 18.— Transported for Seven Years.
EDWARD GRIFFIN . I am a hair-dresser, and live in the Strand. The prisoner was in my service—on the 5th of October, about one o'clock in the morning, I sent for an officer, who examined her box, and found this tortoise-shell comb, which is mine.
Prisoner. It was given to me by my cousin.
MR. GRIFFIN re-examined. I know it by some marks on it—it had been sold on the 25th of September, and brought back as being damaged.
GUILTY . Aged 18.— Confined One Year.
GUILTY . Aged 15.— Confined Three Months.
2481. ELIZABETH SCOTT was indicted for stealing, on the 4th of October, 3 bottles, value 1s.; 3 quarts of wine, value 11s.; 4 lobsters, value 4s.; 5lbs. weight of salmon, value 5s.; 2 haddocks, value 2s.; 1 basket, value 6d.; 2 pinafores, value 8d.; 1 frock, value 4d.; and 1 pair of boots, value 3d.; the goods of Edward Luckie.
EDWARD LUCKIE . I am a fishmonger, and live in Lamb's Conduit-street. I had these 'things all packed in a basket—on the 4th of October I missed them, and saw them at the station-house, and knew them—some of them are here now—the prisoner was my servant.
Cross-examined by MR. PAYNE. Q. How long had she been with you? A. About three months—I had a good character with her.
Cross-examined. Q. Where were you? A. Near my own house in Lamb's Conduit-street—I did not know that she was the prosecutor's servant.
GUILTY . Aged 33.— Confined Three Months.
2482. GEORGE ROBINSON was indicted for stealing, on the 22nd of September, six handkerchiefs, value 5s.; 2 cravats, value 13s.; 1 stock, value 7s., and 1 shirt, value 15s., the property of James Telfer; to which he pleaded
GUILTY.* Aged 27.— Transported for Seven Years.
2483. HENRY CHAPPELL was indicted for stealing, on the 30th of September, one pair of boots, value 10s., the goods of Margaret Tuck;—2nd COUNT, stating them to be the goods of Thomas Holme Bower and another.
MAGARET TUCK . I am the wife of James Tuck. We live at Islington—I am living with my husband, but the property is mine by a deed of settlement—there are trustees—MR. Thomas Holme Bower, a solicitor in Chancery-lane, is one of the trustees—I had a pair of Clarence boots there on the 30th of September, and these two boots—I lost them—these are them.
prisoner a hundred yards off—I got a policeman and had him taken—he had the boots.
GUILTY . Aged 19.— Confined Nine Months.
2484. JOSEPH ROBINS was indicted for stealing, on the 26th of September, 24 diamonds, value 35s.; one watch, value 10s.; and one watch-guard, value 6d., the goods of John Burdett Gibbons and another, his masters.
JOHN BURDETT GIBBONS . I am in partnership with my father. The prisoner was our errand-boy—we sent him out on the evening of the 26th of September, at a little past seven o'clock—he was taken into custody, and two policemen called on me—I went to the station-house, and saw this metal watch, and guard, and small diamonds—they are ours—I had seen them, I think, in the morning, except the watch, which was in a drawer that I do not often look into.
THOMAS SEAMOUR . I live in Woodbridge-street. On the evening of the 26th of September the prisoner came to me, and offered me these diamonds for sale for 7s.—I told him to call at eight o'clock—I got a policeman, and had him stopped when he came again—he was searched in my presence—this watch and guard were found on him.
GUILTY. Aged 14.—Recommended to mercy. — Confined Three Months the last Week solitary.
THOMAS LEWIS . I keep a tallow-chandler's, shop in Whitechapel. On the 25th of September, about twelve o'clock in the morning, I was at the back of my house, and saw the prisoner coming from behind my counter—I came in and said, "You villain, what do you do here?"—I let him go, but my wife came in, and missed three half-crowns from the till.
CATHERINE RYAN . I sell oysters in the street. On the 25th of September the prisoner came to me and had 1d. worth of oysters—he went to a shop and changed one half-crown, and I saw two others in his hand—I do not know what time it was.
EDWARD SIMMONS (police-constable H 115.) I received information, and went and took the prisoner—he said, "I have taken nothing"—I found his cap in the room—I said, "Where is the change of the half-crown?"—he said, he had no half-crown—I took him to Ryan, and then he said he had changed a half-crown which a lady gave him to get changed—there was only 2d. found on him.
Prisoner's Defence. I went to get change for a lady, and gave her all the change.
GUILTY . Aged 13.— Transported for Seven Years—Convict Ship.
JOSEPH THYER . I am a coachman, and live in Ridinghouse-lane. On the 12th of September I was ordered out with my carriage—I saw the prisoner leaning against the harness-room door—I told him to go and ask my wife for my gaiters and white handkerchief, which he did, and I gave him 1d.—I did not authorize him to get any thing else.
ELIZABETH THYER . I am the prosecutor's daughter. The prisoner came for the gaiters and handkerchief—I gave them to him—in about five minutes he came again, and said Mr. Thyer had sent him for the coat and shawl—I gave them to him in consequence of that—I should not have done so if he had not represented that he came from Mr. Thyer.
Prisoner. My father knows that I was at home all the time. Witness. I am sure he is the person.
GUILTY.* Aged 12.— Transported for Seven Years—Convict Ship.
HENRY WINCH . I live at Mr. Charles Walters's, a pawnbroker in High-street; Marylebone—the prisoner came into the shop on the 3rd of October—I observed her very near these gowns—I watched, and saw her put these two in her lap—a person called me, and while I went out at one door, the prisoner went out at the other—I followed her, and she threw these gowns out of her lap into the street—I gave her to the officer.
Prisoner's Defence. Having lost some duplicates, I went to get affidavits for them; these gowns were found on the ground; I know nothing of them.
GUILTY.* Aged 45.— Confined Six Months.
ALEXANDER BUTTI . I live in Leather-lane; the prisoner was my employ. I sent him, on the 12th of September, with two sovereigns and a half-sovereign, to buy some glass at the Liverpool glass-works, in Barbican—he did not return.
Cross-examined by MR. PAYNE. Q. How long had he been your apprentice? A. About fifteen months—he lived in my house, and used to go home on Sundays.
GUILTY. Aged 14.—Recommended to mercy. — Confined Three Months.
(There was another indictment against the prisoner for fraud.)
SERAPHINA WILLAN . I am a widow, and live in Middlesex-street, Somers-town. The prisoner lodged with me—he had a woman there whom he represented as his wife, but she went away, and he remained—these are my articles, (looking at them,) they were taken from my house.
HANNAH WILD . I am eight years old—I live at the prosecutrix's—the prisoner called me out of bed at half-past three o'clock in the morning, and gave me the looking-glass, and the pillow-case wrapped round it—he said he was going to take them to the Minories.
JOHN DAWE (police-constable G 71.) About half-past four o'clock that morning, the prisoner and Wild passed me in Field-lane—I asked the prisoner what he had got under his smock-frock—he said, a horse-cloth—I found the counterpane on him, and Wild had the glass and pillow-case.
Prisoner. I meant to pawn them to raise a few shillings to pay my rent, and to return them.
GUILTY . Aged 26.— Confined Six Months.
ROBERT BROMLEY . I am shopman to Paul Roberts, a cheesemonger, in Lower Sloane-street. On the night of the 3rd of October between eleven and twelve o'clock, I saw the prisoner standing about the shop—I missed this ham, followed her, and found it in her apron.
Prisoner. I had a little liquor, and did not know whether I had got it or not.
(The prisoner received a good character.)
GUILTY . Aged 48.— Confined Three Months.
JOSEPH CHRISTMAS . I keep a miscellaneous shop, in Shoreditch. I was looking through my window on the 15th of September, and saw the prisoner come and undo a string which held some watch-maker's tools—I saw him take a depthing, I saw it in his hand—he went off, and I after him—he was taken, but nothing found on him—he had an opportunity of throwing it away.
Cross-examined by MR. PAYNE. Q. It was several hundred yards off where the prisoner was stopped? A. Yes—I did not lose sight of him.
NOT GUILTY .
The prosecutor did not appear.
NOT GUILTY .
2493. WILLIAM TAYLOR was indicted for stealing, on the 9th of October, 1 watch, value 2l.; 1 watch-ribbon, value 3d.; 1 seal, value 1s. 6d.; and 1 watch-key, value 3d.; the goods of William Bax: to which he pleaded
GUILTY . Aged 15.— Confined Six Months.
2494. ROBERT MACGREGOR was indicted for stealing, on the 12th of September, 1 shirt, value 5s.; 1 sovereign, 8 half-crowns, 9 shillings, and 2 sixpences, the property of John William Griffiths; to which he pleaded
GUILTY . Aged 17.— Transported for Seven Years—Convict Ship.
2495. ELIZA PALMER was indicted for stealing, on the 7th of September, blankets, value 9s.; 2 pillows, value 4s.; 1 pillow-case, value 6d.; and 1 bolster-case, value 6d.; the goods of Joseph Howe: to which he pleaded
GUILTY . Aged 29.— Confined One Year.
FRANCIS BENNET SWAN . I am assistant to George Hinde Smith, who lives in Pleasant-place, Kingsland-road. On the 29th of September I missed a roll of nineteen yards of flannel, which had been just inside the sill of the door, tied by a string—I looked out, and saw the prisoner with something under his arm, covered with his great coat—I ran up—three or four persons ran, and when I got up, the flannel was on the ground, and the prisoner running away—the flannel was taken to my master's, and it was his property—it was dropped about fifty yards from the shop—I did not see him drop it.
Cross-examined by MR. PAYNE. Q. Was it not a quarter of a mile off where the prisoner was taken? A. Yes—there was no necessity to come in-doors to take it—there is a mark on it—I had never seen the prisoner before—he was about thirty yards from me—he had his back towards me—he said it was not him.
JOHN TOUGE . I am a warehouseman. I was going along the road, and the prisoner came running towards me with a roll of flannel under his left arm, under his coat—when he came within a yard of me, he dropped it—I stood by it till the shopman came—I am sure he is the person.
Cross-examined. Q. Were there not some ladies there? A. There were two, but I was not noticing them.
WILLIAM NEAL . I heard a cry of "Stop thief"—the prisoner was running—I pursued, and took him about thirty yards down a street which he turned down—I brought him back to the shop, and gave him to the policeman.
GUILTY.* Aged 20.— Transported for Seven Years.
WILLIAM CLARK . I am a pawnbroker, and live in London-wall. I took in this tea-spoon of the prisoner, and the table-spoon was taken in of her by another person in my presence—they were pawned in January and February.
Prisoner's Defence. I bought the ticket of the spoons of a woman—they were in pawn for 10s.—I wanted money, and pawned them again—I was the prosecutor's housekeeper, and was obliged to send him a lawyer's letter to get my money—I did not know the spoons were his till I was at Mary-lebone office.
GUILTY . Aged 60.— Confined Six Months.
(There was another indictment against the prisoner.)
MR. BALLANTINE conducted the Prosecution.
James Ponsford, an architect—he is employed in building Oxford-square, Paddington. The prisoner was in his employ as a plumber's labourer—on the 29th of September I went to the buildings in Oxford-square—the prisoner was at work there that day—I waited till all the work-people left—I then hastened to Marylebone-lane, and spoke to a policeman, and when I had been there five or ten minutes, I saw the prisoner come in a direction from Oxford-square—when he saw me he appeared quite astonished, and stood still—I went and asked what he did there—he made no answer, but seemed to be much agitated—I felt his jacket, and found there was something hard—I took him into a shop, pulled open his jacket, and took from his waistcoat pocket this piece of lead—the rest of this lead was then found on him, and this hammer, which was on the works, and which he had access to—I examined the premises next morning, and found two pieces of lead, which exactly correspond with some of those found on him—they are of a very peculiar shape—these are them—I have not the least doubt that the lead found on him is my uncle's property—the prisoner had not the least right to it.
Cross-examined by MR. PAYNE. Q. What do you mean by corresponding? A. It corresponds in shape and thickness with the lead fixed on the roof—I believe the prisoner went out in the usual way from the works that day, but I did not notice him going—I had not seen him use this hammer, but the marks of it are on the lead—it was on the roof next to where he was working.
JOHN HARRISON (police-constable D 32.) I was spoken to by Mr. Ponsford—I took the prisoner in Marylebone-lane—I took some pieces of lead from his other pocket—I then took him to the station-house, and found a quantity of lead in his trowsers.
GUILTY . Aged 22.— Confined Nine Months.
THOMAS FITZGERALD . I live in Exeter-buildings, Chelsea, and am a labourer. My wife took in the prisoner out of charity—she remained with us about three weeks, and left without notice, about three weeks ago—I missed my coat and waistcoat—these are them—(examining them.)
GUILTY . Aged 30.— Confined Three Months.
2500. JOHN SIMMONS was indicted for stealing, on the 28th of September, 3 pieces of woollen cloth, value 7s.; 4lbs. weight of horsehair, value 4s.; 3 yards of canvas, value 6s.; 4 yards of coach-lace, value 8s.; and 2 slides, value 1s. 6d.; the goods of Joseph Wright.
a coach taking out the lining—these slides were found in his pocket at the station-house—these other things were in the coach with him.
Prisoner. Q. Did you see me cutting the lining? A. No, but you was there with the articles.
GUILTY . Aged 30.— Confined Six Months.
CATHERINE TOMKINS . I am the wife of Frederick Tomkins—he keeps a draper's shop in Charles-street, Middlesex Hospital. On the 29th of September, the prisoners came to the shop, and asked to look at some shawls—I brought some forward, amongst which was this one—they then wished to look at some plaid ones—I turned to get them, and on turning back I perceived something bulky under Doyle's shawl—I asked what that was, and at the same time opening her shawl I found this shawl secreted—she said she had a sister outside, and intended to take it for her to look at—Dempsey stood by her side, and she said, "Why did you come in here? how stupid you was"—Doyle wished me very much to let her go out and fetch her sister—I said I could not think of that, but I would let Dempsey fetch her—she went out, and did not return.
Doyle's Defence. I only had it in my hand to look at.
MRS. TOMKINS. It was so concealed that I could not see what she had till I opened her shawl.
Dempsey's Defence. I went with this girl, but I did not know what she was going to do—she had the shawl in her hand to look at, and the lady said she was going to steal it.
DOYLE*— GUILTY . Aged 14.
DEMPSEY*— GUILTY . Aged 15.
Confined Nine Months.
Fifth Jury, before Mr. Sergeant Arabin.
2502. JAMES MILTON was indicted for stealing, on the 29th of September, 1 watch, value 2l.; watch-chain, value 1s. 6d.; 1 seal, value 7s.; and 1 watch-key, value 6d.; the goods of Joseph Clary; to which he pleaded
GUILTY . Aged 32.— Transported for Seven Years.
PHILIP HENRY EVANS . I am apprentice to Henry Marsh, a watch-maker, in Down-street, Piccadilly. The prisoner came on the 17th of September—I did not know him before—he said he came for a watch that had been left there in the name of Smith, and pointed to one in the window, and said that was it—he said that before I said any thing to him—I took the watch, and said it was left by one of Lord Dacre's servants—he said, "Oh yes, that is my brother-in-law"—I said it was not done, my master was out of town, if he would leave it a few days we would get it done—he said he was going out of town till Monday, and he would take
it, and if it would not do he would bring it back—I let him have it—it was the watch Mr. Moss had left with us.
Cross-examined by MR. PREDERGAST. Q. Are you sure the Prisoner is the person? A. Yes, quite sure—I think I saw him again on Friday week—I could not be positive at first, but I knew him—I did not put any name on the watch—we do not put any thing down in the book till the work is done.
FREDERICK MOSS . I took the watch to Mr. Marsh's to be cleaned—I authorised no one to fetch it away—I took it for a friend named Barrance—when I called for it was gone—no one had any authority from me to fetch it.
Cross-examined. Q. When did you leave it with Evans? A. On the 15th, and on the 23rd I heard that it was gone—this is it.
Cross-examined. Q. Did he not ask you to go with him to the rail-road, and tell you you would there find his brother-in-law? A. No; he said he had paid his fare by the coach, and he should lose his place if I did not let him go—he did not want me to go any where with him except to have something to drink—he did not tell me I should find a person who knew him.
JURY. Q. How came you to know the prisoner? A. I received information from a person in Bond-street, and about ten minutes after the prisoner passed with a pilot-coat on—before that I had seen him without one.
Prisoner's Defence. I offered him to pay a cab to take him where I could prove I had been authorised to go for the watch. Witness. He did not.
GUILTY . Aged 54.— Transported for Seven Years.
DAVID HUGHES . I am a watchmaker, and live in Frith-street, Soho. On the 15th of September the prisoner came, and said he called for his watch, and asked if it was done—I asked what name he left it in—he said, "Brown"—I looked over my book, and told him I had no watch left in that name—he pointed to one in the window, and said, "That is mine"—I took it down, looked at my book again, and saw it was booked in another name—he said, "Very likely my brother-in-law left it in his own name" I asked his brother-in-law's name—he said, "Austin," which was the name in which it had been left—I made no hesitation in giving it to him.
Cross-examined by MR. PRENDERGAST. Q. You delivered it to him, believing the pretence he made, that it was left by his brother-in-law? A. Yes—I did not see him again till after he was in custody at Marlborough-street, I think in about a fortnight or three weeks—I positively swear he is the man—I recollect his countenance—he was dressed in a black coat—the watch has not been found.
Cross-examined. Q. What sort of a watch was it? A. A silver hunter, capped and jewelled, made by Spurge, of Woolwich.
GUILTY . Aged 54.— Transported for Seven Years more.
ALEXANDE SMART . I am a watchmaker, and live in South Audley-street. I had a watch belonging to William Whitten—it was left by a person named Carter, who has since changed her name—I was at home on the 18th of September—the prisoner came into the shop, and asked for a watch, in the name of Smith—on looking over my watches I told him I had not one in that name—on asking him several questions, as to the colour of the ribbon and other things, he said it was a great misfortune he was deaf, and then he said, perhaps it was left in the name of Carter, who was his brother-in-law, and having a watch in that name, I asked him if that one was it—he said it was, it belonged to his brother-in-law—he took it away—he said he should have another to repair in a day or two, and he would bring it—there was nothing to pay for this, as it was merely to be regulated—he was dressed in a drab coat then, and when in custody he had a pilot coat on—I am sure he is the man—the watch is lost.
GUILTY .—Aged 54.
2506. CATHERINE BOX and CATHERINE HENNESSEY were indicted for stealing, on the 26th of September, 1 canvas bag, value 2d.; 11 sovereigns, and 1 10l. Bank-note; the property of John Frederick Olander, from his person.
JOHN FREDERICK OLANDER . I am a ship-chandler, and five in Lime-house. I was going my nearest way home from Tower-hill—I was a little the worse for liquor, but I could take care of myself—these women accosted me in the street, and got into conversation—they came out of a house, and said they had been very ill-used, and begged I would treat them—I said I would do so if I could find a house open—they directed me to the house of a Mr. Hall, in Rosemary-lane—I treated them to a few glasses of wine—I staid about three quarters of an hour—I asked a policeman which was the best way home—he directed me—the prisoners followed me, took hold of my arm, they insisted on seeing me part of the way, and wanted me to go somewhere with them—I said, "I will not, I am captain of a ship, and want to sail to-morrow morning"—I said that for the purpose of getting rid of them—I had a yellow canvas bag, containing a 10l. note and eleven sovereigns, in my right-side breeches' pocket—when I came towards Cannon-street road they endeavoured to take liberties with me—I resisted it—they were one on each side of me when the robbery was committed—I am almost positive that Box put her hand into my pocket, and took the bag, and handed it to Hennessey—Box said directly, "Will you go with me?"—I said, "No"—they went away, and I was glad to get rid of them—I put my hands in my pockets to walk, as I usually do, and missed my money—I called out "Police," and the policeman came—I am quite sure the prisoners are the girls—I have not recovered my money.
Cross-examined by MR. PHILLIPS. Q. You have always said you lost your money? A. Yes, I said so before the Magistrate—I knew what I was about there—I did not tell the Magistrate that Box put her hand into my pocket and took out the bag—I said that they robbed me—I did not say either of them put their hands into my pocket—I had not drank too
much—I had been in very respectable company—we had had a few bottles of wine in a company of seven—I cannot state the quantity—it was nothing but wine—there might be some beer at meals—I had not drank any thing after dinner—I do not know what time I dined—I drank no spirits at supper—nor punch—I had supper at a public-house—I was in the public-house about three quarters of an hour—I drank about three glasses of sherry there, and a bottle of ginger beer, nothing else—I gave the women the same, except the ginger-beer, but I do not know what I paid—I did not describe to any body what these young women had on their heads, because I was not asked—Kidner told the Magistrate one had a bonnet on, and the other a cap with a shawl—if the policeman says I was drunk he must be wrong—I have not said that I believe Box put her hand into my pocket—I do not know where Pell-street is—I did not call for three glasses of wine in a house where the lady had no wine to give me—I did not call for three glasses of brandy—I was quite sober when I told them that I have been a captain.
Cross-examined by MR. PAYNE. Q. What countryman are you? A. A Swede.
EDWARD HALL . I keep the Hampshire Hog public-house, Rosemary-lane. Mr. Olander came to my house with the prisoners—he had four glasses of wine—he treated them—he remained there ten minutes and then went out again—he took out a canvas bag, and I saw a quantity of sovereigns and a Bank note—they then all went out together, came in a second time, and had a glass of wine each—the prosecutor paid half a crown each time—the third time he gave me a sovereign—I gave him four half-crowns and eight shillings, which he put into the bag in his pocket.
Cross-examined by MR. PHILLIPS. Q. How much money altogether did he pay you? A. 7s.—he took 7s. worth of liquor in my house—the women were with him—it was about a quarter-past one when they left the last time—the prosecutor had another glass after that—he put down 1s., and I asked for 2d. more.
DANIEL SUGG (police-sergeant H 17.) On the night of the 25th of September, I saw the two prisoners walking with the prosecutor in Cable-street—they went towards the Commercial-road—the next time I saw the prisoners was about half-past one o'clock—they were then kicking up a row at Mr. Hall's doors—I asked what was the matter—they said that the landlord had a sovereign of a gentleman—the landlord came out, and while the prisoners were wrangling with him the prosecutor came up—the primers said, "Here is the gentleman, he will tell you all about it"—I said to the prosecutor, "Are you satisfied that this publican has not got a sovereign of yours?"—he said, "I am, it is all right"—he then asked the way to Limehouse—I directed him, and drove the prisoners on the other side of the way—they then crossed and followed him.
Cross-examined by MR. PAYNE. Q. Was he sober? A. He had been drinking, but could walk straight along.
JOSIAH CHAPLIN . I am a policeman. On the 26th of September, I apprehended the prisoners at the Crown and Shears public-house, at Sparrow-corner—I said they were charged with robbing a gentleman of 20l. odd—as they were going along a lad passed us twice—I saw Hennessy pass her hand to his hand, and he ran away very fast.
NOT GUILTY .
CATHERINE FOX . I am servant to Mr. John Henry Treemanhere, who lives at Ealing. The prisoner was servant to our grocer, and was in the habit of coming for orders for the last fortnight for Mrs. Blake, his mistress—on the 19th of October, about nine o'clock in the morning, he came to know if there was any change wanting, as it was Monday morning and the change might be paid all away, as my mistress is in the habit of changing every week to pay the tradesmen—I got a 5l. note from my mistress, and gave it to the prisoner to get change—he said he would get change and bring it back, but he never returned—this is the note—(examining one.)
MARY LONGHURST . I keep the Horse and Groom public-house, at Ealing. The prisoner came to me and asked for change for a 5l. Bank-note, soon after nine o'clock on Monday morning the 19th—this is the note—he said I should oblige Mrs. Blake by giving her change—I had seen him before coming from Mrs. Blake—I gave him four sovereigns and two half-sovereigns.
JOHN PASCOE (police-sergeant T 19.) I received information that morning, and went after the prisoner—I took him on an omnibus on his way to London—I asked him for the 5l. note—he made no answer—I found on him four sovereigns and two half-sovereigns.
(The prisoner received a good character.)
GUILTY . Aged 35.— Confined Six Months.
GUILTY . Aged 36.— Confined One Year.
NUMA SISLEY . I am a shawl dealer, and live in Watling-street; James Sharp, the prisoner's father, is a shawl maker. On Monday morning last, the prisoner came to my counting-house and said he called from his father for the money for a bill of 7l. 4s. 6d., which he presented—I told him to look in the next morning, and I would look over the account—he said his father had some bills to pay that morning, and he would be obliged to me for the money—I did not know the prisoner before, but after he told me his father wanted the money I drew a cheque for the amount and gave it him—I asked him for a receipt—he wrote this receipt, and signed it "James Sharp."
Prisoner. Q. Did you owe the money, or did your brother? A. My brother did.
JAMES SHARP . I am a shawl maker. The prisoner is my eldest son—he lived with me till last Saturday evening, when he absented himself—I had employed him in my business—he made out two bills for what Mr. Sisley owed me—one he took away, and one he left—I did not give him authority to go to Mr. Sisley, and receive the money on my account—I knew nothing of it—the prisoner's name is Elioenai, not James—this receipt (looking at it) is not my writing, nor written by my consent or knowledge.
Prisoner. I do not see that receiving that bill would defraud the prosecutor at all; if it would defraud any body it was my father.
GUILTY . Aged 16.— Transported for Seven Years—Convict Ship.
GUILTY.* Aged 22.— Transported for Seven Years.
GUILTY . Aged 55.— Confined One Year.
OLD COURT.—Friday, October 23rd, 1840.
First Jury, before Mr. Sergeant Arabin.
2512. WILLIAM WILLIAMS was indicted for breaking and entering the dwelling-house of William Avery and another, on the 19th of October, at St. Martin, Ludgate, and stealing therein 2 watches, value 20l.; 1 seal, value 4s.; 1 watch-key, value 1s.; and 1 ring, value 1s.; their property; to which he pleaded
GUILTY . Confined Six Months.
RICHARD APPLETON . I am a gardener, and live at Haggerstone. Mr. Badkin's garden faces the one I look after—on the 2nd of October I saw the prisoner come from a garden at the back of Mr. Badkin's, and stoop down towards the summer-house—he was a stranger—I suspected, and stopped him, and said, "Who told you to go in there?"—he said Mr. Jones had sent him for them—he had the saw and the plane under his arm—there is no such person as Mr. Jones there.
GUILTY. Aged 24.—Recommended to mercy. — Confined Three Months.
WILLIAM WALTER WILMIN . I manage the business of George Smellie, a pawnbroker, in High-street, Shadwell. About six o'clock, on Monday evening the 5th of October, I observed the prisoner outside the shop—from information I had received before, and from what I had seen, I knew that she had come for the purpose of thieving—I placed myself behind a half-glazed door—when I had done so about five minutes, she came into the shop, and passed along a row of cloaks and gowns—these pillow-cases were
suspended aloft by a piece of string, and as she came by, she pulled them down, and put them behind some curtains—she then mixed with the persons pledging—I watched her about half an hour, when she saw the coast clear she stooped down, and picked them up—I came out, put my hand on her, and asked what she had got—she said, "What! nothing"—she had frequently been in to buy and pledge, but on this occasion she wanted nothing—I caught hold of her by the wrist, and threw her backwards, and these things lay at her feet—I snatched them up from between her ancles, and said, "I have got you at last"—I held her till a policeman came—she had not got out of the shop when I took the pillow-cases from her.
Prisoner's Defence (written.) On the 5th of October I went into the shop to stop the ticket of a bed-gown I had lost; I was coming out; there were a great many people there; while stooping to take some dirt off, which had got on my shoes, I happened to lay my hand on a parcel which was in the passage; the shopman took hold of me, and asked what I was doing; I said that I had nothing; he called a policeman, and gave me in charge; he there said the gown I had on was theirs, which I had bought in Petticoat-lane for 3s. 6d.
GUILTY . Aged 22.— Transported for Seven Years.
WILLIAM WALTER WILMIN . On the 1st of October the prisoner came to our shop about three o'clock in the afternoon—this gown was hanging up on a row of gowns—she came to the counter with two tickets, for a gown and shawl, and asked me if the ticket of a petticoat was among then—I said not—she left the shop, and returned with a ticket of a petticoat and shawl, and asked if the ticket of a gown was among them—I said, "No, you foolish woman, you brought the ticket of a gown in just now"—she stood about some time, and then went out, and as I passed by, to go to my tea, at four o'clock, I missed the gown—about seven o'clock is the evening I saw her come into the shop again—I planted a boy behind the counter to watch her—I also got over the counter to watch her—she took down another gown, rolled it up, and put it behind a sea-bed—she observed the customers looking at her, and went out of the shop without taking that gown—I hung it up again—this is the gown she took away the first time—I found it pawned at the shop of Mr. Hawes, at Ratcliff.
Prisoner. What the prosecutor states is false.
GUILTY . Transported for Seven Years more.
(There was another indictment against the prisoner.)
Before Mr. Justice Bosanquet.
2516. WILLIAM RODGERSON was indicted , for that he being employed in the Post-office, on the 27th of August, did steal a certain post-letter containing 1 half-sovereign, 1 shilling, and 7 5l. Bank notes;— also for stealing, on the 11th of September, a certain post-letter containing 1 watch, value 42l., and 1 watch-case, value 6d.;— also for stealing, on the 17th of September, a certain post-letter, containing 4 gold chains, value 30l.;— also for stealing, on the 24th of September, 6 post-letters, one containing goods and monies; the same letters, monies, and goods being respectively the property of her Majesty's Post-Master General; to all of which indictments he pleaded
GUILTY . Aged 29.— Transported for Life.
(James Pinkney, hatter, High-street, Poplar; James Miller; watch-maker, High-street, Poplar; James Blake, No. 58, Penny-fields, Poplar; Abraham Purdy, baker, of High-street, Poplar; George Burrow, surgeon, ditto; Robert Godby, currier, ditto; Richard Blackler, musician, ditto; Henry Beamish, baker, ditto; David Craig, of Penny-fields; Thomas Banner, butcher, ditto; Fleming Revel, Nine Elms; and Thomas Faley, Glasshouse-yard, Aldersgate-street; deposed to the prisoner's good character.)
Before Mr. Justice Erskine.
2517. WILLIAM DUDLEY was indicted for feloniously forging and uttering, on the 11th of August, an order for the payment of 4l. 10s., with intent to defraud William Masterman and others,—6 other COUNT, varying the manner of stating the charge.
MESSRS. PHILLIPS. and DOANE conducted the Prosecution.
ALEXANDE THOMPSON . I am bailiff to Sir Howard Elphinstone, who lives near Hastings. I paid into the bank at Hastings 4l. 10s. on August the 8th, on account of Mr. Patton, with instructions to the bankers to send it to Masterman's, to the account of Mr. Patton—I wrote to Mr. Patton the following day, and sent the letter by post—I sent it by a person, or put it in myself, I do not know which—I wrote again to Mr. Patton about a month after, in answer to a letter from him.
Cross-examined by MR. BALLANTINE. Q. You paid 4l. 10s. to the Hastings bank? A. I did, the day before I wrote the letter—I sometimes write many letters in the course of the day—I think, to the best of my knowledge, I sent the letter by a respectable tradesman, named Joseph Amor, to the post-office—he is still at Hastings, to the best of my knowledge.
WILLIAM SIMPSON . I am clerk to William Masterman and Co., bankers. There are more partners than one—I received advice from Smith and Holder, of Hastings—I have the letter in my hand—it is dated 8th August—I do not know when we got it—in consequence of this letter, the cheque now produced was made out as it is now, except the signature and the intials "C. H.," authorising me to pay it—they are the initials of Mr. Hogg, a clerk in the country office—these initials were on it when it was presented to me at the counter—it was made out by Mr. Moore, a clerk in the country office—it was signed and in the same condition when presented to me as it is now—it was presented on the 11th of August, I do not know whether by the prisoner or not—I paid the person.
Cross-examined. Q. Is this cheque supposed to be sent by the party to whom the money is to be paid, or is it produced at your banking-house to the person claiming the money? A. It lies in our banking-houses unsigned, being made out from the advices in the country office, and kept by our house until the money is applied for—the country office is in London.
COURT. Q. Then the person who sends the money has to go to your country office, get the cheque, and bring it to you? A. Yes, after it is signed, and marked by the clerk to be paid at that counter.
out in our office, from the advice we received from Hastings—I gave it to the party applying for it—I have no recollection of the individual—I do not recollect whether he signed it—it was not signed before I gave it to him—sometimes the party signs it, and sometimes they take it away—this cheque is signed.
COURT. Q. Why do you put your initials to it? A. To enable him to receive the money—I do not put my initials before the person has signed it—I did not on this occasion—I delivered the cheque up merely on the request of the person applying for it, not on the production of a letter, but on the application—after it is signed I put my initials to it to authorise the cashier to pay it.
THOMAS PATTON . I am an iron-founder, in Swan-street, Dover-road. The prisoner was my clerk, and had been so about eleven months when I dismissed him—he had one counting-house in the yard, and a seat also at my desk up stairs, in my private counting-house—it was his duty to receive letters which came by post—I did not receive a letter from Mr. Thompson from the 8th to the 11th August—Sir Howard Elphinstone is a customer of mine—I had an account of 4l. 11s. 6d. with him at the time, which he owed me—in consequence of something which transpired, I dismissed the prisoner on the 5th of September, and paid him his wages—I wrote to Mr. Thompson after the prisoner was gone, and received an answer, which took me to Mastermans' for a cheque, which I supposed was there for me, for 4l. 10s.—I did not find it there—I afterwards saw this cheque at Masterman's—I never received the 4l. 10s.—I have examined this cheque, and believe the signature to be the prisoner's hand-writing—I never authorized him to sign my name to any cheque, nor to any document, except a receipt, by proxy—I knew nothing of this till I saw it at Masterman's.
Cross-examined. Q. Are you in a large way of business? A. I am—I have thirty or forty men sometimes—they come some at four or five, and some at six o'clock, as business requires—they have no business to be later than that—I have no persons employed in book-keeping—the parties who come are generally workmen, engineers, and founders—the prisoner's business was to load carts, and receive the weights of goods coming in, and post the day-book into the journal—I am positive this signature is his handwriting—he gives receipts to persons leaving money in my absence—I have none of them here—I could have brought plenty—he would sign receipts "Wm. Dudley for T. Patton."
COURT. Q. You believe this to be his hand-writing; can you undertake to swear positively it is not your own? A. Yes—I never gave any person authority to sign cheques for me, I always sign my own—the prisoner was authorised to receive letters in my absence, but not to open them—I had opportunities of seeing him write from morning to night at times, for several hours together—this is not an imitation of my writing—it is much thicker than mine, and not written in my style—(Cheque read.)
MR. BALLANTINE called
ADAM DIXON . I am a baker in the Strand, and have lived there many years—the prisoner was in my employ about nine months, and attended to my out-door trade—I received a good character with him—he was one of the most respectable men I ever had—he left because I had no further occasion for him—I discontinued the line I was pursuing at that time, and advertised myself to get him a situation.
COURT. Q. While he was in your employ had you opportunities of seeing
him write? A. Yes—I think I am able to judge of his hand-writing—he has left me about eleven months—he went to Mr. Patton's from me—(looking at the signature to the cheque)—I cannot swear to this being the prisoner's writing—I would not swear either way, but it does not resemble his way of writing—it is much larger writing than he writes—to the best of my belief, I would swear it is not the hand-writing he was in the habit of writing with me—I believe it is not his.
NOT GUILTY .
2518. THOMAS OSBORNE was indicted for unlawfully, maliciously, and feloniously assaulting John Wadey, on the 10th of October, and cutting and wounding him in and upon the right side of the body and right hip, with intent to do him some grievous bodily harm.
JOHN WADNEY . I am a glass-coachman. On Saturday night, the 10th of October, a little before twelve o'clock, I was crossing the road from the Alsop Arms public-house, at the corner of Upper Gloucester-street, New-road, near Dorset-square—as I crossed, a bunch of turnips were thrown against me—I did not see who did it—there were three or four men standing together, and it appeared to come from them—I threw it back again, and the prisoner threw it back to me again—I am confident it was the prisoner—it was a very moonlight night—I knew him before—I was in the act of throwing them again, and he ran in and cut me in the side, and said, "There you b——, take that"—I felt the blood running from my side, and felt what I thought was a blow at first, and put my hand to my side directly I felt the blood running—I did not see any thing in the prisoner's hand—there was no one but him within two or three yards of me—I ran for assistance, and met Mr. Farrow eight or nine yards from where it happened, and William Neil, a cab-driver—I said I was cut in my side, and wished they would take me somewhere where I could have something done to it—they took me to the infirmary—my side was examined there—I found a large cut in my side—I had done nothing to the prisoner before he struck me but throw the turnips at him.
JOHN FORTMAN . I am a coach-maker's labourer. On the night of Saturday, the 10th of October, a little before twelve o'clock, I was at the Alsop Arms public-house, New-road, and saw the prisoner close by, in the act of closing a razor, which he had in his hand—I saw something thrown towards the prisoner, and directly after I saw him closing the razor—I did not see him go anywhere after that was thrown at him—I stood at the corner of Alsop Mews—I know Wadey—I cannot say that I saw him there then—I had seen him before—the prisoner appeared to be sober—he said he had bought the razor a few minutes before—I and another man stood at the corner of the mews, and he said, "If any more of your larks, I will rip your b—guts open."
THOMAS FARROW . I am a cabinet-maker, and live at No. 10, North-street, Manchester-square. On Saturday night, the 10th of October, just before twelve o'clock, I was in the Alsop Arms public-house—I have seen the prisoner before, and saw him that night, and also saw Wadey there—I saw some greens thrown from the opposite side—they were not thrown at the prisoner at first—I afterwards saw Wadey throw them at him—he took them up again and threw them at Wadey, who took them up again, and was in the act of throwing them at the prisoner, when the prisoner ran with great violence and struck him a blow—I cannot say whether he had anything in his hand at the time—Wadey came over to me and Neil, and complained
of being cut—we took him to the infirmary and saw him examined, and there was a wound on his right-side.
JOHN FREDERICK NICHOLSON . I am house surgeon of the Western General Dispensary, in the New-road. I remember Wadey being brought there on Saturday, the 10th of October, between twelve and one o'clock—I examined him, and found a wound on his right-side, about an inch below the hip-bone—it was a clear incised wound from two and a half to three inches long, and about two inches deep—my little finger would hardly reach the bottom of it—a razor would have inflicted that wound—I cannot say whether it had reached the bone or not—I attended him afterwards—it was not serious in its nature, only as it approached the important parts—it was near parts where it might have been attended with serious consequences—it was across the leg-bone, evidently proceeding rather upwards towards the abdomen—I imagine it must have been a clear cut at first, and something turned his arm, so that it went up between the muscles, or it must have reached the hip-bone.
Prisoner's Defence. I was on my way home to take my rest, and five or six of them said, "Here comes Old Tom, give it him"—they knocked me down three times running, and John Wadey ran out and knocked me down again—I said, "Leave off skylarking, I want to go home, having to be up early to-morrow morning"—they kept on at me—the razor was in my hand—I went to stoop to throw at him again, and made a slip, and it cut him right in the side—I did not go to do it.
JOHN WADEY (re-examined.) I did not strike him at all—I was not close enough to him—at the time I was wounded he was not in the act of picking up the turnips—it was done on purpose—he said, "There you b—take that."
GUILTY. Aged 21.—Recommended to mercy. — Confined Two Years.
Before Mr. Justice Bosanquet.
2519. JOHN BRETT was indicted for burglariously breaking and entering the dwelling-house of Sarah Miranda, on the 18th of August, at St. Pancras, about two in the night, with intent to steal, and stealing therein, 1 medal, value 1s. 2d.; 1 sixpence, 1 penny, 1 halfpenny, and 1 farthing; the property of Susannah Newton.
JANE GREEN . I am a widow, and am in the service of Sarah Miranda, No. 27, Grafton-street, Fitzroy-square, in the parish of St. Pancras. Dr. Lee lodges there—it is Mrs. Miranda's house—there are two kitchen—Dr. Lee has the front kitchen, and Mrs. Miranda the back—my bed-room is between the two kitchens, quite close to the front kitchen—on Friday morning, the 18th of September, I was disturbed about a quarter before three o'clock, by a noise in the front kitchen, as if Dr. Lee's servant had put down a coal-scuttle—I then heard a crackling like lighting a fire or getting a light with lucifers—I laid for about a minute—the noise stopped—I thought the servant was ill, and I went to the door to ask her—the door was fast—I thought it was fast inside, instead of which she had locked it herself before she went to bed—the key was in the door outside, but I did not observe it till afterwards—I thought she was in the room and said, "Susan, open the door"—there was no answer—I again said, "Open the door and let me come to you;" and then somebody said, "Susan is here," twice—
I then said, "Let her speak, and I shall know her voice"—there was no answer for a minute, and then I said, "My G—here is a thief in the house"—I double-locked the door, and the thief tried it to see if it was fast—I told him I had locked the door that he could not come out—I then went up stairs as fast as I could, and hallooed to Dr. Lee, who called his servant to open her bed-room window to call the police, which she did, and my mistress hearing the noise got out of bed, opened her window, and sprang the rattle—I hastened down stairs as fast as I could, and as I got down in the hall I heard the thief go out of the window—the policeman brought the prisoner to the front-door—I unlocked the door, went into the kitchen with the policeman, and found 'the window shutter broken and hanging by the bar which fastened it to the other shutter—there was a candle burning—I found some lucifer matches on the floor and one on the table.
SUSANNAH NEWTON . I am servant to Dr. Lee. I sleep in the attic—I fastened the front-kitchen window about seven o'clock in the evening in question, all quite secure—I locked the door once, and left the key on the outside—the door is next to Green's sleeping-room—the window was fastened with an iron bar across two shutters—I went to bed about a quarter or half-past ten o'clock—I was disturbed in the morning by Green—I threw up my bed-room window, and called "Police" several times—I saw the prisoner climb over the area gate, and saw the policeman take him—I went down into the kitchen, and found the candle burning—the drawers were opened, which were shut over night, and things tumbled about—I missed from my work-box a sixpence, a penny, a half-penny, a farthing, and a medal—the shutter was broken from the hinge—the hinge was broken from the wood part, and the window thrown up so that a person could get in—I knew the prisoner "before—he was in the habit of coming backwards and forwards to Grafton-street to paint and do carpenter's work, or any thing there was to do—he was employed by Mrs. Miranda—he had done that for about a year and a half after I was in the house—he once paid his addresses to Mrs. Miranda's niece, who was her servant, but she had left three months, Green succeeded her—the last time I saw him in the house was when he came to put in a pane of glass, about twelve months ago.
Cross-examined by MR. DOANE. Q. He used to come to the house with Mrs. Miranda's knowledge, I believe? A. Yes—I have known him two years and a half—I have no reason to believe he did not bear a good character.
ROBERT LESTER . I am a policeman. I was on duty—I heard a cry of "Police," and saw the prisoner running towards me with his coat off, and his waistcoat unbuttoned—I stopped him about twenty yards from the house, and took him back—I saw the servant looking out of window, and told her I had got him—while I was waiting for the door being opened he said, "Let me put on my coat"—he did so—I took him into the hall, searched him, and, in his left-hand trowsers' pocket, found a sixpence, a penny, a half-penny, a farthing, and a medal—I then gave him over to another constable, and went down to the kitchen—I found the drawers open, and the contents knocked about—the window shutter was forced off the hinges on one side, and the window open—on the table I saw a lucifer match, and I saw Green pick these portions of matches off the ground—I took him to the station-house, and after the charge was entered against him, I said, "Do you desire to say any thing?"—he said, "I have done it"—I observed
a button forced from the front of his trowsers, and in searching the area, I found one corresponding with the others on his trowsers—I have omitted to mention that in the hall I found in his hat a strap and handkerchief which have not been claimed.
(Henry Tubb, dealer in musical instruments, New-cut; Thomas Knight, publican, Warwick-lane; Henry M. Bayfield, publican, Brill-row, Somers' town; Joseph Jackson, shoemaker, Brill-row; and Joshua Gander, bricklayer, Charles-street, Hampstead-road, gave the prisoner a good character.)
GUILTY. Aged 19.—Strongly recommended to mercy.
Transported for Ten Years.
Before Mr. Justice Erskine.
2520. THOMAS HOLDER was indicted for stealing, on the 30th of September, at St. Mary Islington, 1 box, value 2s.; 3 watches, value 22l.; 2 pairs of ear-rings, value 15s.; 2 brooches, value 6s.; 7 thimbles, value 7s.; and 23 rings, value 1l., the goods of Thomas William Downes, in his dwelling-house.
WILLIAM DUFFETT . I am porter to Mr. Noble, a wine-merchant, 43, Hedge-row, Islington. Mr. Downes, the jeweller's shop, is three doors from my master's, on the same side of the way. On the morning of the 30th of September, a little after seven o'clock, I was sweeping the front of my master's door—I saw Mr. Downes's porter take down two shutters from his window and take them into the side passage—I then saw the prisoner pass him very quick, and I saw him enter the shop—he remained inside about one minute, and I saw him come out—he had nothing in his hand when he went in—he came out with a little glass box under his left arm, and went right across the road—he looked round, and I pointed to him—he ran straight across the road, through a passage called Pierpont-row—I followed, and lost sight of him in the passage while he turned the corner—I ran through the passage, down Charlton-crescent, and there saw him running with the same glass case under his arm——I kept running—Henry Gulleford was running rather before me—I lost sight of him again in turning the corner, and saw him again in the field without his coat and cap—he had not the glass case then—I had not seen him throw it away—he was running across the fields—I hallooed out "Stop thief," and he called out that he had only broken a window—some men at work there told him to jump over the wall—he did so, and kept running on—I jumped over the wall after him, and just as he got under the canal-bridge some labouring men stopped him close by the canal on the towing-path—he was brought back to Downes's shop—I saw Gulleford pick up the pieces of the glass case just by the railings of the river—they were carried back to the shop.
Cross-examined by MR. DOANE. Q. Had he a coat on when you first saw him? A. Yes, and a paper cap—perhaps I might not tell the Magistrate that I heard the prisoner say he had only broken a window—I might forget it—I did hear him say so, and I beard the men say, "Get over the wall"—I was not far behind him then—I did not stop to tell them he had stolen a case—I lost sight of him twice—the last time was getting over the bridge—when I saw him in custody he had no coat or cap on.
HENRY GULLEFORD . I am porter to Mr. Barker, of Hedge-row, two doors from Mr. Downes. On the morning of the 30th of September I saw the prisoner cross the road with the case under his arm, going from Mr. Downes's house—I could only see a small portion of the case under his coat—he had a coat on then, and a paper cap—he ran down Camden-passage and along Charlton-crescent—I crossed the road, and went in the direction of Charlton-crescent by another turning, and saw him go down Charlton-crescent—he then had his coat and cap on—I followed him—he turned round to the right hand coming out of Charlton-crescent into Colebrook-row, and immediately threw the case away in the direction of the river, but it caught the rails, bounced back, and broke in halves—he ran on I followed him across the fields, where some men were digging, and saw him take off his coat and cap and throw them away—he still kept running on across the field by the sawyers—I hallooed out, "Stop him"—the sawyers were going to stop him, but he said he had only broken a window, he immediately jumped over the wall, and ran alongside of the wall by the canal, and as he got by the bridge Mr. Wild stopped him—I went back to where I had seen him throw the case away, and took it up—there was nothing in it, but the things were scattered about near it—I took them back to Mr. Downes—I am quite sure the prisoner is the man I saw throw away the case.
Cross-examined. Q. Did not he deny that he was the person? A. Yes—it was a cap he had on—I never said he had a hat—I had never seen him before—his back was to me when he crossed the road, and in the pursuit.
COURT. Q. What was done with the box? A. I put it on Mr. Downes's counter, and presently Mr. Downes came down, and took it off the counter—I picked up the things, which are now here—they were given to Wakefield the policeman, in my presence.
GEORGE WILD . I am a tailor. On the 30th of September I saw the prisoner running across the brick-field, as I stood on the bridge—he had no coat nor hat on—I saw several people running after him—he jumped over the wall towards the canal—I immediately ran down the other side of the bridge, and I and another person met him at the end of the bridge—he was running then—I stopped him, and took him back to Mr. Downes, and he was given in charge.
JOHN WAKEFIELD . I am a policeman. The prisoner was given into my custody on the 30th of September, in Mr. Downes's shop, with this case of jewellery, which has been in my possession ever since—Gulleford was there at the time.
THOMAS WILLIAM DOWNES . I am a jeweller, and live at No. 40, Hedge-row, in the parish of St. Mary, Islington; the shop is part of the dwelling-house, and communicates with it internally. On the 30th of September, between seven and eight o'clock in the morning, I was called down, and found the prisoner in my shop, with the witnesses—I saw this case, which Gulleford was standing by the side of—I examined it and the articles, they are my property—I had seen it safe the night previous, after the shop was closed, as the gas was being put out—they are worth 25l.—I cannot say whether I have seen the prisoner before—Jackman, my porter, opened the shop that morning.
GUILTY . Aged 23.— Transported for Ten Years.
Before Justice Bosanquet.
JOHN STOCKER . I live in Carlisle-street, Portman-market, and am errand-boy to Mr. Bury, a poulterer in King-street, Golden-square. On the 11th of September, a little before eight o'clock in the evening, I was standing at the corner of Golden-street, with Edward Phillips, and saw the prisoner go into the prosecutor's shop, in High-street—he stooped rather as he went in, and brought out a piece of white cloth—he ran round Bowling-street, and down Little Marylebone-street—I ran down High-street, the other way, up Great Marylebone-street, and met him at the corner of a street, opposite Welbeck-street, with the cloth—he went down Welbeck-street, turned down Wigmore-street, and into a house in Barrett's-court, with the cloth—I came back to the prosecutor's shop, and told them.
Cross-examined by MR. CLARKSON. Q. Has the calico ever been found? A. No—I did not know the prisoner before—I was very near to him—I did not speak to him, nor call "Stop thief"—Phillips and I were taking's walk up and down the street—I left work at seven o'clock—I met Phillips at the corner of High-street—I knew him before—we generally meet about eight o'clock every night, and walk about till nine o'clock—Phillips lives in Gray's-buildings, Duke-street, Manchester-square—he told me he knew the prisoner before—he did not tell me he had had a quarrel with him, and the prisoner had cut his face and eye, I never heard of that.
ELIZABETH MOUSIR . I am the wife of George Mousir, a hosier. On the 11th of September, a little before eight o'clock in the evening, I was coming from within our shop to the door, and as I turned round, I saw a person's arm taking the calico from the shelf, which is about a yard from the door, in the shop, and about a yard high—I could see the person, but not to recognise him—he was in a stooping position—I could not say whether it was a man or a boy—I called the young man in the shop to stop him, and ran out—I saw people running—I did not know Stocker—he came about half an hour after by himself, and gave me information.
Cross-examined. Q. Was the door open? A. Yes—the shelf was full of goods—it laid on the shelf, any body could see it—I believe it was the nearest article to the door—it is calico, not long cloth.
EDWARD PHILLIPS . I am a paper-stainer, and live in Gray's-buildings, Duke-street. On the evening in question, I was walking with Stocker in High-street, about eight o'clock—I saw the prisoner and another person pass by me several times—I knew the prisoner before, and knew the other person by sight—I did not see any thing done—as I stood at the corner of Bowling-street, I saw the prisoner alone pass by a tinman's door, with a bundle of something white under his arm—he went down Bowling-street and Little Marylebone-street—I did not follow him—Stocker did.
Cross-examined. Q. What sort of a paper-stainer are you? A. I am an out-door apprentice to Mr. Martin, of York-street, Westminster—I leave work at six o'clock—the prisoner is no acquaintance of mine—I have known him several years by sight, but not to speak to him—I am in the habit of meeting Stocker very nearly every night—I met him that night accidentally at the corner of High-street—I was talking to him for about half-an-hour before I saw the prisoner—the prisoner and I had a little quarrel once—I got no black eye, or any thing—he never beat me—it was the place where he lived fighting against our place—Gray's-buildings against
Banett-court—my father is an Englishman—I was in a little of the skirmish—I was with Stocker all the time the prisoner was in sight—I lost sight of him—when I first saw him, we had stopped at the corner of Bowling-street, and were just going to turn round—the prosecutor's house is a good way from the station-house—I could run there in two or three minutes——I saw Stocker run, and knew why he ran—I never thought of going to tell the prosecutor—nor did I cry "Stop thief."
ELEY HENNEN . I am a broker, and live at No. 18, Barrett's-court. On the Friday evening, at near eight o'clock, I was in the court opposite No. 16, talking to Mr. Ingle—Stocker came up and spoke to me, and I went to look for a policeman, but could not find one—I returned, in about two minutes—Stocker was still standing at the door, and he went away—in about two minutes I saw the prisoner come out of No. 16, with a bundle or something tied in a handkerchief—it was rather dark, and I could not see exactly.
Cross-examined. Q. His uncle lives at No. 16, I believe? A. He does—I was not surprised to see him come out of there—I was about two and a half yards from him—he merely came out and passed along—the bundle was a middling size—it did not appear very large, but it was almost dark—I did not pay any particular attention.
LAUENCE ANDERSON . I am a policeman. In consequence of information, I went to No. 16, Barrett's-court, about eight o'clock in the evening, but did not find the prisoner or property there—I went to several public-houses, and at last found him at the Fox, in Oxford-street, in company with several others—I told him I took him on suspicion of stealing some cloth out of High-street—he said he knew nothing of it—I took him to the station-house—on our way there be called to some of them who had followed him out of the house, "Come on, I know all about it, I will make plenty of liars out of it"—I detained him and two of those who had followed him to the station-house—when Stocker came there I asked him which of the three was the person who took the cloth, and he pointed to the prisoner—after the charge was taken, and the prisoner was told what the charge was, be again said he knew all about it, and he would make plenty of liars before he had done with it—next morning he called one of the two I had taken the night before, who was standing outside, and said to him, "Where is it?"—the other replied, "Go on, it is done with, I will tell you more about it by-and-bye"—the other two were let free.
Cross-examined. Q. How came you to take them? A. Because they were in his company, and I knew him to associate with them—they were young lads like himself—they were both shorter than him—I had on my uniform at the time he said he knew all about it—I would not let any one speak to him afterwards, and if I had been aware of it, I should not have let him say that—I have not found the cloth.
GUILTY . Aged 17.— Confined Twelve Months.
Fourth Jury, before Mr. Recorder.
GUILTY . Aged 47.— Confined Six Months.
GUILTY . Aged 24.— Confined Nine Months.
(The prisoner received an excellent character.)
GUILTY . Aged 38.— Confined Six Months.
GUILTY. Aged.—Recommended to mercy. — Confined Six Months.
GUILTY . Aged.— Confined Six Months.
2527. JOHN WILLIAMS was indicted for stealing, on the 16th of October, 2 pewter pots, value 2s., the goods of Edward Merritt; and 1 pewter pot, value 1s., the goods of Thomas Marshall; to which he pleaded
GUILTY . Aged 16.— Confined Three Months.
WILLIAM THOMAS . I am a clock-maker, and live at No. 2, Goswell-place, Goswell-road, in the parish of St. James's, Clerkenwell—it is my dwelling-house. I employed the prisoner to assist me in moving from No. 17, Wynyatt-street to that house, on Michaelmas-day—in the afternoon I was lying down in the front room second floor, being rather tired, and noticed him come into the room rather gently—I was not asleep, and asked what he wanted—he made no answer—I asked him again—he made no answer—I considered my wife had sent him for something, supposing he was putting the things to rights below—I happened to close my eye——I opened them again in about a minute, and saw him going out of the room—when I laid down between two and three o'clock, I had in my pockets seven sovereigns and four half-crowns—I had left my trowsers on the side of the bed—when I got up between half-past four and five o'clock, I immediately saw that my trowsers were not where I had left them, and found my money was gone—nobody had been into the room but the prisoner and my wife—she came about four o'clock, and asked me to come down to tea, and it was before her I examined my pocket—the prisoner was gone when I came down—I afterwards found him in custody.
Cross-examined by MR. PAYNE. Q. How came you to go to bed? A. I was very tired, having been up at five o'clock in the morning, and working very hard—I was perfectly sober—I took my coat, waistcoat, and trowsers off, and laid down on the bed—I did not go to sleep—I closed
my eyes, but my hearing is very good, and if the door had opened I should have heard it—the prisoner had moved things for me before—I am quite sure the money was in my pocket when I went up to bed—I had put some of it into my pocket two hours before, and I counted the money then—Mrs. Lawley did not go into my room—I do not know whether there was a carpet on the floor.
MARGARET THOMAS . I went to call my husband to tea about half-past four o'clock—he was lying down, and missed his money from his trowsers which were on the floor—I asked him where the money was—he said in his pocket, but there was none—next morning I found half-a-crown on the floor—there was no carpet down—I had paid the prisoner 4s. that morning before his work was over, as he said he had no money, and I gave him 6d. more for his dinner—he ought to have left the house at two o'clock, as I told him we did not want him any longer, but he lingered about—I saw him pass the window about three o'clock—he said he would call next morning to put the place to rights, as he was tired, but he did not come.
Cross-examined. Q. About what time was that? A. About two or half-past two o'clock—I was sitting down in the parlour in the afternoon—I remember my husband going up to bed—I was backwards and forwards, but Dot out of the house—there was a lodger in the first floor front-room—ray husband was in the second floor front.
CHARLOTTE LAWLEY . I am the wife of Thomas Lawley, and lodge with the prosecutor. The prisoner was about the premises—I had no occasion for him up stairs after two o'clock—I employed him in my room between twelve and one o'clock—he left about half-past three o'clock, I think—I saw him in the parlour before he went.
Cross-examined. Q. Where were you from two till five o'clock? A. Down stairs mangling.
MATILDA ANN PRETTY . I live with my father at his livery stable, in Clerkenwell. On the morning of the 30th of September, about half-past eight o'clock, the prisoner came and hired a horse and chaise of my father, and paid 1s.—he was to pay 10s. for the hire, and to come for it in an hour's time—he came between nine and ten o'clock, and paid me three half-crowns, 1s. 6d., and which he took from a purse—I saw three or four sovereigns in his hand, and 1s. or 8s. in silver besides—he said he was going to Finchley, and would bring the horse and gig home at night, but he did not—I did not see them again until he was in custody.
Cross-examined. Q. Had you ever seen him before? A. No—I am certain of him—he was five or ten minutes with me—the apprentice was present—my father was not there when he paid the 9s., but he was when he paid the 1s.
CHARLES PRETTY . On Wednesday, the 30th of September, the prisoner came, and asked for a horse and chaise to go to Finchley, and asked the price—I said 10s.—he paid me 1s. deposit, and said, "I shall want it in an hour's time, if you will get it ready," which I did—I was out when he got it away—I was in search of it for two days, and found it on Friday evening at a livery stable in Stonecutter-street, by an anonymous letter—he had promised to bring it back the same night—I saw him in custody about a week after, and said he was a pretty fellow to hire my horse and chaise to go to Finchley, and to ride down to Poplar, as I had heard.
said he had got drunk, and was afraid to bring the horse and gig home—he denied taking the money.
Cross-examined. Q. Where did you find him? A. In Old-street, standing by the George public-house.
GUILTY . Aged 20,— Confined Twelve Months.
M. PRENDERGAST conducted the Prosecution.
JOSEPH MAPPIN . I am a manufacturer of cutlery at Sheffield. On the 8th of October, I sent some cases of cutlery in a deal box, by Messrs. Pickford, directed to Mrs. Bouverie, Paris, to the care of Messrs. Swaine and Co., Piccadilly—it contained a number of razors and pen-knives—in consequence of information, I came to town last Monday, and saw the case which is here—there were three paper parcels, each containing razors enclosed in another paper—from one of the parcels I missed some razors—the outer envelope had been taken off, which was sealed, and was missing—one razor has been taken out of one parcel, and four out of another—the inner parcels were not sealed, but they had evidently been opened—the case was produced to me at the station-house—there were twenty razors in all in the envelope.
WILLIAM MILTON . I am in the employ of Messrs. Pickford and Co,—I am engaged in checking off the parcels which come by the railroad—on Saturday morning I remember this case coming—it was in a sound and proper state when it came from the wagon—it was the prisoner's business to truck away parcels which come by the wagon to the warehouse—he and Ely were so employed that morning with the other men—I afterwards received information from Ely, and went down to where the box had been placed, in what we style the "Bank"—I found the box broken open and apparently a parcel or two gone—I brought it up against the checking box, and kept it there about a quarter of an hour—in about five minutes after, the prisoner came on the bank, and I accused him of breaking the box open—he positively denied it—about ten minutes after I accused him again of it, and a porter, named Killick, stepped up, and said, if he did know any thing of the parcels, why did he not give them up—he made no reply, but walked down the warehouse—Killick followed close after him, and I followed him, and just as I got to the bottom of the warehouse, I saw the prisoner deliver three small parcels to Killick, who gave them to me—I replaced them in the box, took it into the M office, locked it, and delivered the key to one of the clerks—I heard Killick say to the prisoner, "Then you did know where the parcels were, why did not you give them up?"—he said, because he was ashamed.
Cross-examined by MR. PHILLIPS. Q. Were the parcels broken open, or entire? A. There was no string round them—they appeared to be entire—they were in brown paper—I do not know to what clerk I gave the key of the M office—there are six or eight clerks.
COURT. Q. Were the parcels packed neatly as you would expect, or did they appear tumbled? A. They appeared to have been tumbled, not packed as they should have been—these are them—(looking at them.)
JOHN ELY . I am a trucker in Messrs. Pickford's service—on Saturday morning, I remember the wagon coming in—I and the prisoner were employed in trucking parcels—as I came round from the further end of the
Bank I saw the prisoner against this box, which was broken, and a parcel in his hand—I said,! "Halloo, Jem, what have you there?"—he made no answer—I went and told Milton, accompained him back, and found the box there, but the prisoner was gone—Milton took possession of the box.
Cross-examined. Q. Do you know the office M, which the box was put into? A. Yes—it is accessible to different people belonging to the establishment—this happened about four o'clock in the morning—we work all night.
COURT. Q. Could the box be broken by accident? A. I did not notice it—I saw the lid was open, and he had the parcel in his hand—accidents sometimes happen in tracking the boxes.
MR. PRENDERGAST. Q. From the manner that box was tracked, could it have fallen down any distance? A. I cannot say—it is a strong box—we pat them on a low-wheeled truck.
MR. MAPPIN re-examined. This is the box they were in—here is another parcel which shows the state they should have been in—this has an envelope—two of these parcels contained seven razors, and one six—the seven razors have the names of the seven days of the week on them—the parcels I saw in London were in a very different state to what they left in—supposing the box to be broken, and the envelope to fall, I should say they would not fall out of the envelope, even if the box burst—besides the outer envelope there is another envelope, tied, without a seal—none of the parcels appeared disturbed except the outside one.
WILLIAM KILLICK . I remember this case coming by the wagon—I was present when it was checked off—it was trucked away—I cannot say whether it was sound when it came off the wagon—it did not appear to have been broken, certainly not sufficient for any thing to fall out, or I should have seen it—I received a paper parcel from the prisoner that morning—they were all three in one when I received it—I took them all in my hand—when I gave them into Milton's hands they appeared to be in three—I only had them in my hand a moment—I did not see where the prisoner got the parcel from.
Cross-examined. Q. Did not the prisoner give into your hands a small brown-paper parcel? A. Yes, I took it as one—I did not know it was in pieces—I did not know whether it was three or one—I hardly had time to see—I will not undertake to swear that the box was not broken—it was not broken, to my knowledge.
MR. PRENDERGAST. Q. Whatever you got you handed over to Milton in the same state as you got it? A. Yes.
WILLIAM MILTON re-examined. Killick received the parcel from the prisoner in my presence, and gave it over to my charge—he gave me three small parcels—he had them in his hands about a moment—he could not have done any thing to them—there was no wrapper inclosing the three—it was three distinct parcels—at the time the box was delivered to be trucked it was sound and unbroken.
Cross-examined. Q. How many parcels and boxes did you check off that morning? A. I cannot tell—I took particular notice of this, because I had to read the direction.
JOHN SEWARD . I am in the police. I received these three parcels from Milton, and the case afterwards—I apprehended the prisoner at his lodgings, in bed, at four o'clock on Saturday afternoon—I told him I took him for breaking a box at Messrs. Pickfords'—he said, "Is it the box containing the razors and cutlery?"—I said, "It is."
Cross-examined. Q. He was found in bed? A. Yes—I saw nothing found there.
BENJAMIN MYTTON . I am clerk to Thomas Pickford and others. This box was put into the office where the clerks only have access—the porters have no access to it—MR. Mappen was sent for afterwards, and saw it.
Cross-examined. Q. What day was the box put into the office? A. On Saturday morning, I understand—MR. Mappin saw it on the Monday, I believe—six or seven clerks have access to that office—I will not swear that twenty people might not have been in the office—the prisoner has been five or six years in the service.
NOT GUILTY .
NEW COURT.—Friday, October 23rd, 1840.
Fifth Jury, before Mr. Common Sergeant.
2530. LEONARD HAYDON was indicted for stealing, on the 6th of October, 1 box, value 5s.; 5 pairs of trowsers, value 1l.; 1 shirt, value 1s.; 2 pairs of shoes, value 3s.; 2 books, value 18s.; 1 cap, value 2s.; 2 night-gowns, value 3s.; 6 pairs of socks, value 5s.; 1 frock, value 15s.; 1 petticoat, value 10s.; 1 pair of stockings, value 2s.; 1 card-case, value 1s.; the goods of William Gray: and 2 collars, value 35s.; 2 yards of lace, value 5s.; 1 pair of mittens, value 1s.; and 1 cap, value 15s.; the goods of William Hickson.
MR. CLARKSON conducted the Prosecution.
ELIZABETH MATILDA GRAY . I am the wife of William Gray, and live with him at Northampton. On the 6th of October I came with Mrs. Hickson and her little boy, by the Gravesend steam-packet, to London—I arrived at half-past five o'clock, and got to Fish-street-hill, and there took a hackney-coach, which the prisoner drove—I had a deal box among my luggage, with a wrapper over the top and sides—it was placed on the foot-board of the coach—I was driven to No. 20, West Smithfield—I got down, and my friend paid the coach—I supposed my luggage was out of the coach, but I missed the box a very short time after the coach was gone—the things stated in the indictment were in it, and amongst them a pair of mittens, marked with gold and silver on the backs—I have a pair here (produring a pair) bought at the same time, and of the same pattern—there were some things of Mrs. Hickson's with mine—her husband's name is William—there was a cap, two yards of lace, and two collars belonging to her—I saw the prisoner again on the Thursday, two days after, in Newgate-street, and knew him immediately—he was driving a hackney-coach—I took the number of it, and gave the number to Mr. Hickson, and he informed the police of it—the value of my things is about 13l., and Mrs. Hickson's, about 3l.
Cross-examined by MR. DOANE. Q. What boat did you come by? A. The Topaz—that left Gravesend about three o'clock—we arrived about half-past five o'clock, and then took this coach—I cannot say how long I was getting to Smithfield—it was about six o'clock—I saw the prisoner's father in custody before the Justice, and the father was let off—I saw the man plainly—I believe the prisoner is the man.
MR. CLARKSON. Q. Have you any doubt at all about it? A. No—his father was an old man—I never said his father was the man.
Commercial-road, Lambeth. The prisoner and his wife lodged with us—on the 6th of October, between nine and ten o'clock in the evening, the prisoner brought the coach home—he had a deal box with him, such a one as ladies use to put clothes in—it was corded at the top and sides, and covered with a piece of light wrapper—he took it up into his own room—on the Thursday after that, the prisoner's father came to the house and brought back the box—I do not know who had taken it away—I kept it in my room till the prisoner's wife came, and she took it up stairs.
Cross-examined. Q. Have you any thing to do with No. 114, Commercial-road? A. No—MRS. Webb keeps Nos. 114 and 116—I am servant at two of them, Nos. 115 and 116—I am not married—I was married—my husband is alive as far as I know—he does not live with me, he is thread—upon my oath the prisoner's father did not bring the box home the first time—my mistress and a little boy were present when the prisoner brought it—my mistress was in the front parlour—I opened the door—she did not come out of the parlour.
MARY ANN WEBB . I keep the houses Nos. 114, 115, and 110, Commercial-road. The prisoner and his wife came to lodge with us about two years ago. On Tuesday, the 6th of October, I remember the prisoner driving up with the coach—I did not go out to see what he brought—on the Thursday week his father brought a deal box, papered, and covered with a wrapper, and the prisoner's wife took it up stairs.
Cross-examined. Q. How could you see it was papered? A. The wrapper did not go to the bottom—I will swear I did not see the prisoner bring the box—I saw the coach he brought it in—I had seen the coach once when the prisoner brought it to the door.
FREDERICK JAHRNS . I am the ostler at Jermyn's stables, in Kennington-place. The prisoner drives a coach for my master. On the Wednesday, before I went before the Magistrate, I was walking with the prisoner from twelve o'clock to a quarter after, up Lambeth-walk—he produced a pair of mittens marked with silver and gold—they were like these produced by Mrs. Gray—he said some one had ransacked his coach over, but they had not found what he had, which was the pair of gloves—I said, "Let me look at them?" and he showed them to me—my brother was with me.
Cross-examined. Q. Did he tell you about having a sailor and a girl in his coach? A. No.
MR. DOANE called
MR. CROSSFIELD. I am a solicitor, living near the London Hospital, Whitechapel-road. On the 6th of October I arrived from Gravesend—I engaged the prisoner to drive me home, at a quarter or ten minutes to five o'clock—on my way home I had to pass Whitechapel church clock—by that it was exactly a quarter past five o'clock—I live a little below the church, and he drove me to my door—it was about twenty minutes past five o'clock when he was paid-off.
JURY. Q. What time did you leave Gravesend? A. By the two o'clock boat, and arrived at half-past four o'clock, but it was after that I took the coach.
James Fletcher, coffee-house keeper, London-road, gave the prisoner a good character.
GUILTY . Aged 29.— Transported for Seven Years.
2531. ROBERT BROWN was indicted for stealing, on the 18th of October, 2 handkerchiefs, value 10s., the goods of Charles Augustus Cantor; and 1 handkerchief, value 2s., the goods of Hannah Juliana Leach.
JAMES MALE (police-constable C 102.) At half-past one o'clock on Sunday morning I was on duty in Crown-court—I saw the prisoner and two others creating a disturbance—I was told to take them—the prisoner ran away—I pursued him, and took him—I saw him drop two handkerchiefs, one at a time—these are them—(looking at them.)
ELIZABETH NEW . I am the wife of Charles New. I heard the cry of "Stop thief," and saw the prisoner run past—I followed him—I will not say that I saw him drop any thing, but I picked up a handkerchief, which Mr. Beresford, the inspector, has.
CHARLOTTE CAROLINE CANTOR . I am the wife of Charles Augustus Cantor—he is a merchant, and lives in Montague-square. These handkerchiefs are mine and my servant's—I lost them out of my house on the 10th of October—they were in the hall, and had just returned from the washerwoman—I came home that evening—there was a man standing there, and the linen was in the hall—a lady and gentleman came home at the time I did, and it being a lodging-house I did not take notice of it—I went up stairs.
GUILTY.* Aged 22.— Transported for Seven Years.
HENRY BURGESS . I am thirteen years old—I live with my father, George Burgess, in Holywell-row, Worship-square. On the 22nd of August, between four and five o'clock in the evening, my father gave me a coat wrapped in a blue handkerchief, to take to Oxford-street—in Holborn the prisoner stopped me, and asked me to hold a parcel while he wrote a note—my younger brother was with me—he took the prisoner's parcel, and carried it up to the corner of a court, and then the prisoner snatched this coat and handkerchief from me, and ran up the court—I am sure he is the man—I have no doubt of him—I ran a little way up the court, but he got away—the coat has never been seen since—there was no point to the pencil which he wrote the letter with—this is it—(looking at one)—I know it, because it had no black lead in it—it was broken off at the end.
JOHN KERSHAW (police-constable G 123.) I received the pencil at the station-house, and took charge of the prisoner—an officer, who is discharged, searched him at the station-house, but what was found on him I cannot tell.
Prisoner's Defence. I know nothing of the robbery.
GUILTY . Aged 20.
ELIZABETH EBECCA MOSS . I am the daughter of Richard Moss, who lives in Hoxton-market. On the 31st of August my father gave me a bundle containing six towels, a smock-frock, and an apron, to take to my mother—as I was going along Moorgate-street, the prisoner stood in the
passage of No. 56—he beckoned me, and told me to take a parcel for him to Mr. Powell's, the second turning down the street, and he would give me 6d.—I took it a little way, and I could not find Mr. Powell—I went into the shop, and said, "If you please, sir, I want to see the shopman"—I had left the parcel my father gave me with the prisoner while I went to find Mr. Powell—I could not find the prisoner nor the parcel when I came back—I was not gone above five minutes—I am sure the prisoner is the man.
Prisoner. At Worship-street he said it was on Thursday. Witness. No, I said Monday, the 7th of September, but I went home, and told my wife, and found it was on Monday, the 31st of August.
GUILTY . Aged 20.— Transported for Fifteen Years.
(There were four other charges against the prisoner of a similar nature.)
2534. RICHARD LILLYWHITE and WILLIAM MARABLE were indicted for feloniously receiving, of a certain evil-disposed person, on the 1st of May, 4 tons weight of coals, value 5l., the goods of John Lettsom Elliott and others; knowing the same to have been stolen; against the Statute, &c.
MR. JONES conducted the Prosecution.
WILLIAM OLLIVE THOMAS . I am store-clerk to Messrs. John Lettsom Elliott and Co., brewers at Pimlico. The prisoners were in their employ, Lillywhite as engineer, and Marable as labourer—Elliott and Co. were in the habit of buying large quantities of coals from the ships—they are Llangannan coals, not the sort used in private families—it was usual to lighter them to the wharf of Dalton and Co., and for them to cart them to the brewery, but they had no property in the coals. In May last 210 tons of coals were delivered at the brewery—I received the delivery tickets for them—it was the usual course for me to receive them from Marable—it was his duty to take them from the carman, and deliver them to me—Lillywhite had nothing to do with the coals—on Tuesday, the 22nd of September, after the prisoners were in custody, I went with the policeman to Lilly white's house in Hensdon-street, at a quarter to five o'clock, I saw some Llangannan coals in the cellar there, with some New-castle coals—the Llangannan coals were at the bottom of the cellar, and the others were spread over them, for the purpose, I should say, of concealing them—there were about two tons of Llangannan, and one ton of Newcastle—in consequence of suspicion, the police were on the premises of Elliott and Co. about three days before this, but up to the time of the prisoners being taken, no charge had been made against them—the police had not been communicating with them,
Cross-examined by MR. PRENDERGAST. Q. How can you tell that? A. All communication with the police Messrs. Elliott left to me.
Cross-examined by MR. CLARKSON. Q. Did the two prisoners see the police on the premises? A. I have no doubt but they did.
CHARLES WATSON . I am clerk to Dalton and Co., wharfingers in Millbank-street—they are in the habit of receiving coals by lighter, for Elliott and Co., and sending them by wagons to their brewery—it is my
duty to make out delivery tickets for the coals sent out—I made some out last May—I sent Hodges and Field, as the carmen, to the best of my belief—it was their duty, on receiving coals from our wharf with the delivery ticket, to deliver them at the place the ticket specified, which was the brewery—they had no authority to deliver them at any other place, without my orders—I went on the 22nd of September to Lillywhite's house, with a policeman, and saw some Newcastle coals in the cellar, and, to the best of my belief, some Welsh coals, but I would not swear that they were Llangannan coals—they resembled the sort of coals we sent to Elliott's—a wagon contains between three and four tons—a wagon of Llangannan coals is worth about 6l.
Cross-examined by MR. PRENDERGAST. Q. How do you know that they were Welsh coals? A. By the peculiarity of them—Welsh coals are different from Newcastle and Sunderland—I did not break them to see whether they were hard or soft—Welsh coals are more like North country coals than others—Llangannan coals emit no smoke—I cannot distinguish them from other Welsh coals.
MR. JONES. Q. Look at this piece of coal, does this resemble those sent from the wharf to the brewery? A. Yes—in my judgment I should say this is Llangannan coal.
EDWARD FIELD . In May last I was a carman in the service of Dalton and Co.—I received coals from them to deliver at Messrs. Elliott's brewery—I took a delivery ticket with me—Hodges did not go with me—he was up there shooting some coals when I went up there—I delivered a wagon load of coals at the brewery—I saw the two prisoners there, and I gave the delivery ticket to Marable—after I had delivered the first load, he told me to take the next load to Lillywhite's house, in Hensdon-street, Pimlico, and I did so.
COURT. Q. When did you take the next load? A. The same day, within an hour or two—my road from Dalton's to Elliott's was up Peter-street, and when I went to Lilly white's, I went up Rochester-row, and Vauxhall-road—that is in the same line as Peter-street, but another road.
MR. JONES. Q. Where did you turn out of the direct road to the brewery? A. I turned off to go to Rochester-row instead of going down Brewer's-green—Hodges came to me at Lillywhite's house just after I got there—the two prisoners came just after I got there, and one of them told me to shoot them down the hole—I cannot say which of them said that, but they were both present when it was said—I shot all the load down the hole—I gave the, delivery ticket to Marable at Lillywhite's house—the coals were put into two cellars there—I had that wagon of coals from Dalton's wharf—Lillywhite remained there all the time I shot the coals, but Marable went away as soon as we began shooting.
Cross-examined by MR. PRENDERGAST. Q. Marable did not help unload, or any thing of that sort? A. No—he took the delivery ticket, which it was his place to do.
Cross-examined by MR. CLARKSON. Q. You would not have delivered them at Lillywhite's unless you thought you were authorised to do so? A. I had no knowledge there was any thing wrong—I thought Lillywhite or Marable had authority to tell me where to take them.
MR. JONES. Q. Where, on all other occasions, had you given Marable the delivery ticket? A. At Messrs. Elliott's yard—I never gave one to
him at any other time but at the yard—I cannot read—Mr. Watson is the clerk at Messrs. Dalton's wharf—I received the delivery ticket from him—when I took away the second load I did not tell him I was to take that to Lillywhite's house.
WILLIAM HODGES . I am a trounce, in the employ of Dalton and Co., and was so in May last—I cannot exactly say that I remember going with Field to Messrs. Elliott's brewery with coals in May, but I went there—I saw both the prisoners there—we delivered one wagon of coals there, and after we had done that Lilly white told me and my mate that we were to take a load to his house—Marable was present at the time—Field went from the brewery, and I went round and met him at Lillywhite's with a load—I saw both the prisoners there—we delivered the coals there—Lilly-white said to me when I was down in the cellar, "You go up and help your mate to shoot them, and I will shovel them back"—I did not see the delivery ticket at all.
Cross-examined by MR. PRENDERGAST. Q. What was Marable doing? A. He did nothing and said nothing—when we began to shoot the coals he went away.
Cross-examined by MR. CLARKSON. Q. Can you tell what day or week it was? A. No—I did not know I was doing wrong, or I would not have done it—the coals were all delivered there—I do not know in what month it was.
MR. JONES. Q. Did you ever see any coals delivered from Dalton and Co. at Lillywhite's house but once? A. No—Marable was there just as we began to shoot them, and then he went away directly—he was there when I got there, and so were the coals.
HANNAH JONES . In May last I was living in Lillywhite's house, in Hensdon-street. I remember a wagon of coals being brought there—I did not see Hodges, but I saw Field—I saw both the prisoners—they were not there when the wagon arrived, but they both came before any of the coals were shot—I did not hear either of them give any direction to Field about the coals—MRS. Lillywhite was there, but she gave no direction that I know of—I did not see any delivery ticket—I was on the first floor looking out of the window—I saw all the coals shot but about six sacks, which were taken away down the first turning on the right—I saw half of the wagon out of the street—I saw Field go away with them—about the latter end of last month I saw a cart-load of coals brought there—that was on the Monday as Lillywhite was taken on the Tuesday—I never was in Lillywhite's cellars.
Cross-examined by MR. PRENDERGAST. Q. How far is this from the brewery? A. Perhaps a quarter of a mile, or not so much, and a very little way from Vauxhall-road—I knew very little of Marable before that—I knew him by sight, and I am sure I saw him then.
Cross-examined by MR. CLARKSON. Q. Have you always told the same story about this? A. Yes.
RICHARD WEST . I am carman to Mr. Ormsby, a coal-merchant, in Belgrave-street. On a Monday, the latter end of September, Lillywhite came and ordered a ton of coals—he said he wanted them as soon as possible—I took them to his house and put five sacks in one cellar and five in the other.
—at the station-house the Inspector cautioned him, after the charge was made, not to say any thing to criminate himself—when he was about to be locked up he stated to me that these two men (meaning Field and Hodges) had received 5s. each for taking the coals to Lillywhite's house, and he had received the ticket, but got nothing for it—I took Lillywhite the next day.
GEORGE MOBBS . I am a watchman at Messrs. Elliott's brewery. I remember the policeman being at the brewery on the Saturday, Sunday, and Monday—on the Monday evening Lillywhite came up to me, and I asked if he knew why the police were about the premises—he said, "Yes, don't you?"—I said, "No"—he said, "They say I have had a quantity of coals from the premises, but I know I am innocent"—he said some woman had said something about it—that he expected Marable was taken then or would be that evening, and he expected that he himself should be at Queen-square the next morning.
(The prisoners received good characters.)
LILLYWHITE— GUILTY . Aged 30.
MARABLE— GUILTY . Aged 23.
Confined Six Months.
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY .— Confined One Year.
GUILTY . Aged 42.— Confined Three Years.
MR. DOANE conducted the Prosecution.
SUSAN CRABTREE . I am the wife of Mark Crabtree, we keep a coffee-shop in Wych-street. On the 14th of September, the prisoner came for a cup of coffee, which came to a 1d.—he gave me a sixpence, and I gave him 5d. change—after he had left, I thought it was a bad one—I put it in a cup by itself, and when my husband came home I told him—he marked it, and it was put into the cup again—on the 26th of September, the prisoner came again—my husband served him—he was given to a policeman with the sixpence I had received.
Prisoner. When you gave me into custody the sixpence was at a printer's, and I waited half an hour while you sent your little girl for it—when I was taken you could not produce it. Witness. No, I never parted with it—I kept it in the teacup and gave it to the policeman.
MARK CRABTREE . My wife made a communication to me on the 14th of September, about a sixpence, which I marked and placed in a cup—on the 26th the prisoner came, and in consequence of what ray wife told me I served with him a cup of coffee—he gave me a sixpence—I put it to my mouth, found it was too soft to pass, and said we had been looking after him for some time—I left him in custody of three gentlemen, while I went for a policeman, who I gave the sixpence to, and the one that was in the cup.
GUILTY . Aged 21.— Confined One Year.
MR. DOANE conducted the prosecution
JAMES INCH . I am a beer-seller, and lire in Upper East Smithfield. On the 19th of September, in the evening, the prisoners came to my tap-room—White called for a pint of beer, which came to 2d.—White gave me a counterfeit sixpence—I put it into my pocket and told her I had no change—I directed a policeman to be sent for, who came, and then White said, "What, did I give you a bad sixpence?"—I said, "Yes, you know you did"—she then gave me a good one—in going to the station-house I saw White put something into her mouth—I took hold of her, but I found nothing—she was taken to the station-house, and two bad sixpences found in her mouth—when Geary saw the policeman she said, "They can't hurt us, there is only one piece."
JESSE TROWERS . I am a policeman. I took the prisoners—White denied having any bad sixpences—I found on her two half-crowns and 4 3/4 d. in good money, also some plaister of Paris and other little things in a basket that she had—I received a sixpence from Mr. Inch.
CORNELIUS FOAY . I was at the station-house—I was standing in front of White, and saw her move her mouth—I took one sixpence from her mouth, and Kelly took another—I saw Geary had something, I seized her, and got a good fourpenny-piece out of her mouth—I saw that she had two pieces of money in her mouth, but the other-piece she swallowed.
White's Defence. I had been in the country; I returned by the steam-boat, and gave half-a-crown to the man, and he gave me this small money; I then went with the prisoner, who I had never seen before, to have a pint of beer; I gave the prosecutor the sixpence; he said he had no change; if I had known what I had was bad, I had opportunity to make away with it in going to the station-house.
WHITE— GUILTY . Aged 47.
GEARY— GUILTY . Aged 48.
Confined Two Years.
MR. DOANE conducted the Prosecution.
MARY ANN SMITH . I am the wife of Alfred Smith. We keep a glass-shop near Brunswick-square—the prisoner came on the 9th of October for an ale-glass—I said I had not one—she then pointed to a glass that she said she would have—I told her it was 1s. 1d.—she asked if I could take less, and I agreed to take 1s.—she paid me 1s.—I gave her the glass—after she was gone I sent the shilling she gave me, by my son, to Mrs. Granger, a neighbour—he came back and said it was bad—I went out, and overtook the prisoner—I said she had given me a bad shilling—she said she supposed she must give me a good one—the policeman took her.
Prisoner. Q. Did you not say if you had your own property back you would say no more about it? A. Yes.
ALFRED SMITH . I remember the prisoner coming to my mother's—after she was gone my mother gave me a shilling to take to Mrs. Granger—I asked if it was good, and from what she said I came back and gave the shilling to the policeman.
RICHARD COOPER . I am a police-officer. On the morning of the 9th of October I came up with the prosecutrix and the witness—I would not allow them to settle the matter—I took the prisoner into custody—I received this shilling from the prosecutrix's son—I found on the prisoner one other bad shilling, and seven good ones.
Prisoner. Q. Did you not let the money fall? A. Yes, but I saw the shilling was bad before I dropped it.
Prisoner. I had all my money in a paper.
GUILTY . Aged 51.— Confined Six Months.
JOSEPH LEVY . I live with my son-in-law, who keeps a tobacconist's shop in Church-lane, Whitechapel. On the 16th of October the prisoner came for a quarter of an ounce of tobacco, which comes to 1d.—he gave a sixpence, and I gave him 5d. change—he went away—I put the sixpence into the till—I am sure there was no other there—on the next night, between ten and eleven o'clock, he came for a quarter of an ounce of tobacco—he gave me a sixpence—I pretended to go round the counter—my sonin-law came out, and seized the prisoner—I gave the last sixpence I took of him to the policeman—my daughter had taken the first, and locked it up—she gave it to me out of a box, and I gave that to the policeman.
Prisoner. When I laid it down I said, "Stop, I think I have got a penny."
Witness. Yes, you did, but I took up the sixpence, that you should not take it again.
JESSE SOLOMONS . I saw the sixpence in the till—I put it into a box, and did not take it out till Saturday night, when I gave it to my father—I saw the prisoner come in on the Saturday evening, and I said to my father, "That is the same person that came yesterday"—the officer was sent for, and he was taken—I saw my father give the second sixpence to the officer.
SARAH FRANCIS . I am the wife of William Francis, a tobacconist, and live in the New-road. On the 17th of October the prisoner came for a quarter of an ounce of tobacco—I had a number of newspapers on the counter, and he laid a sixpence on them softly—I said it was bad, and he must know that it was bad—I asked where he got it—he said his master gave it him in payment of wages—I said if he would bring his master I would give it him back—he went away, and did not return—I saw him at the station-house on the Sunday morning—this is the one he gave me.
GUILTY . Aged 18.— Confined One Year.
GUILTY . Aged 40.— Transported for Seven Years.
2542. ELLEN GOODCHILD was indicted for stealing, on the 1st of October, 2 pairs of boots, value 10s.; 2 pairs of shoes, value 4s. 6d.; 1/2 a yard of linen cloth, value 8d.; 6 yards of galloon, value 1s.; and 1 yard of ribbon, value 4d.; the goods of Mary Ann Phillips, her mistress; to which she pleaded
GUILTY. Aged 15.— Judgment respited.
2543. JAMES FARRELL was indicted for stealing, on the 20th of September, 5 half-crowns, 4 shillings, and 1 sixpence, the monies of John Farrell; and that he had been before convicted of felony;to which he pleaded
GUILTY.* Aged 18.— Transported for Seven Years.
W. HILL pleaded GUILTY . Aged 21.— Confined Four Months.
J. HILL pleaded GUILTY . Aged 46.— Confined Two Months.
2545. MARTHA GRAHAM was indicted for stealing, on the 17th of September, 2 spoons, value 15s.; 1 rug, value 5s.; and 2 blankets, value 17s.; the goods of Ebenezer Herne, her master; to which he pleaded
GUILTY . Aged 22.— Confined Six Months.
2546. HENRY JONES was indicted for stealing, on the 6th of October, 2 pewter pots, value 1s. 6d., the goods of Joseph Buckmaster.; and 3 pewter pots, value 4s., the goods of William Hopkins; to which he pleaded
GUILTY.* Aged 32.— Transported for Seven Years.
GUILTY . Aged.— Transported for Seven Years.
GUILTY . Aged 17.— Confined Three Months.
2549. ADAM WHITE was indicted for stealing, on the 18th of October, 2 glass bottles, value 6d.; and 2 quarts of wine, value 5s.; the goods of James Stevens, in a vessel in a port of entry and discharge;to which he pleaded
GUILTY . Aged 53.— Confined Six Months.
OLD COURT.—Saturday, October 24th, 1840.
Second Jury, before Mr. Common Sergeant.
2550. WILLIAM JOHNSON was indicted for stealing, on the 12th of May, 5 gowns, value 1l.; 8 yards of printed cotton, value 5s.; I shawl,value 5s.; and 1 cask, value 2s.; the goods of Eleanor Stanaway.—2nd COUNT, of James Stanaway.
ELEANOR STANAWAY . I live in Sidmouth-place, Gray's-inn-road. On the 11th of May, the witness Mawley brought a cask ofpotatoes to me, which came from Cornwall—the prisoner was with him—I afterwards filled the cask with five gowns and eight yards of printed cotton, and gave it to the prisoner on the 12th of May as he came for it—he said he would take it to Cornwall—he said he was a sailor, and had come from Cornwall by the boat—the cask was directed to my uncle Vigors, to be sent on to my father—I have made every inquiry, but have been unable to find the cask or property—this is the bill I paid the prisoner, and here is the one he brought when he took away the cask—(producing them.)
JOHN MAWLEY . I went with the prisoner with the cask to Mrs. Stanaway's—I know nothing about the cask which she gave him—I heard the prisoner say something about her uncle at Cornwall—he said he was going next week—I cannot tell whether he went or not—the cask we took came from Chamberlain's wharf, Tooley-street—I am employed by Mr. Hunt—the prisoner went with me when the prosecutrix paid me for the cask—he heard her say the cask was to be returned—he and I used to work at the same place at one time.
JOHN HUNT . I am clerk at Chamberlain's wharf, in Tooley-street. There has never been a cask directed, as the prosecutrix states, at our wharf—if there had been I should have known it—I know the prisoner by sight—I do not know what he is—Mawley is employed by me—I am sure I never received the cask in question from the prisoner, nor was it ever shipped at our wharf—these bills belong to our wharf.
Prisoner's Defence. I was at work at the wharf, on and off, nine or ten years, which Mr. Hunt knows; I went with Mawley on this morning, as I had nothing to do; the cask was to be delivered at the Pewter Platter, in Gracechurch-street; Mawley said we might as well go round with it, and charge the shilling, instead of giving it to the carrier to take; so we went, but I never heard any more about it till I was at work on the wharf, and Mawley came to me and said, "Bill, have you been after the cask?" I said, "No." He said, "If you have, you had better keep out of the way." I said, "Why should I keep out of the way?" and I have been on the wharf ever since; I never had the cask in my hand.
GUILTY . Aged 25.— Confined Six Months.
MARY SUTTER . I am the wife of George Sutter, and take in washing. On the 16th of October I hung up a sheet, three shirts, a tablecloth, and a frock, to dry—I afterwards missed them—the prisoner was at my place in the morning, and was gone in the evening.
Prisoner. I did not sell the things; I was to have them back again.
GUILTY . Aged 32.— Confined Six Months.
LUKE CLARK . On the night of the 9th of October (I do not know the time) I was walking along, and met the prisoner—I asked her the way to the Mitre tavern—she said, "This is the way"—she caught hold of me, twisted me round a corner into a narrow street, and put her hand into my trousers—I said, "Don't do that"—she then made an attempt at my waistcoat-pocket—I said "No, you d—b—, you shall not rob me"—I had some silver in my waistcoat-pocket, and a guinea, a sovereign, and a half-sovereign in a purse in my browsers-pocket—she put her hand into my trowsers-pocket, and took out my purse and its contents—it was done so quickly I could not help myself—I tried to catch hold of her right hand, but could not—I caught hold of her left hand, held her tight, and called the police, who came—I told them what I had lost before she was searched—there were two other females with the prisoner when I met her.
TIMOTHY M'CARTHY . I am a policeman. I was on duty in Castle-street, Whitechapel, on this evening, and was called—the prosecutor told me he had lost a sovereign, a half-sovereign, and an old guinea—he charged the prisoner with taking it out of his left-hand trowsers-pocket—she said she did not take it—I searched her at the station-house, but found nothing on her—I went back, by the inspector's orders, to the place where I took her, and about thirty yards from there found the bag, empty and open, close by the wall—three men stood about three yards from them, but they did not interfere.
Prisoner's Defence. I met the prosecutor; he said he would take me to a house, but he did not; he attempted to behave indecently to me in the street, which I resisted, and he instantly accused me of robbing him; I said I would go to a policeman; he would not let me; about five minutes afterwards a policeman came up; he said I had robbed him of a guinea, two sovereigns, and a half-sovereign, and at the station-house he only said one sovereign; he was intoxicated, and asked for a pot of beer and a pipe in the station-house, and in the morning he denied knowing any thing about it.
NOT GUILTY .
Before Mr. Justice Erskine.
OWEN SWEENEY . I am a news-agent, and live in Chapel-place, Coram-street. On the 18th of September, at seven o'clock in the morning, I was in a field adjoining Hornsey-wood—there was a fight between the prisoner and Thomas Foy, (I understand was his name)—I was there at the beginning—they were stripped, and fought twenty-two rounds—at the
last round, the deceased got off his second's knee, approached towards the prisoner, and sparred up to him with the intention of striking, but tottered and fell before he struck the blow—no blow had been struck on either side in that round—in the round previous to that he rose as usual, and was not struck at all—he came up with the intention of fighting, and fell down—I did not observe whether he fell against any thing—he was not struck, he seemed to be more pushed against by the prisoner on purpose to avoid striking him—they had struck each other in the rounds before that—I saw the deceased struck once by the prisoner, but it was not what I should call a knock-down blow, as he seemed to be falling before—I thought at the time, that blow was struck on the face, but I was not close enough to see—there was not the slightest unfairness in the prisoner's manner of fighting—he seemed to wish to avoid fighting altogether—after the deceased fell the last time, he was placed in a cab and carried home—I did not see him afterwards—I had seen them together on one occasion before at a house, where the deceased quarrelled with the prisoner, but I did not see them quarrelling—I was at the Hunter's Arms, Compton-street, about a week before—there was a quarrel between them there, but I do not know what about—the deceased had other falls in the fight besides what I have mentioned—they seemed to struggle during the fight, and when they fell they fell together.
WILLIAM BARKER . I am a porter at different gentlemen's houses. I was in the field near Hornsey-wood, on the 18th of September, and saw the fight from beginning to end, between the prisoner and Thomas Foy—I believe his real name was Thomas Barks—it appeared a fair fight—they exchanged very few blows in the early rounds—I saw them fall on the ground while fighting—the deceased fell undermost several times—they did not appear particularly severe falls—I cannot recollect seeing any knock-down blow—I did not see any marks on the deceased's face—about the seventeenth round, as near as I can recollect, the deceased went back and fell on a bank on the ground without being struck—he fell on the back of his head on a hard piece of clay, or something—they fought about twenty-two rounds—after the fall very little was done—he came up to the four or five rounds, and fell without being struck, I believe—I did not see any blow struck by the prisoner after the deceased fell—at the last round he rose from his second's knee, put himself in the attitude of fighting, and fell down without being struck—he was taken home in a cab—I saw him on Saturday morning at his lodging in Brighton-street, St. Pancras—he was then dead—I went there with the Coroner's Jury—the body I saw there was the body of the man who fought with the prisoner.
Cross-examined by MR. JONES. Q. How long had you known the deceased? A. I know nothing of him—I saw him only a day or two before the fight—I only know his name by hearsay—he went by the name of Thomas Foy—then it was altered to Thomas Barks, from what I heard—I heard him answer to the name of Thomas Foy once—I did not know his name was Barks till after he was dead—it was mentioned at the Inquest—the fight appeared to be a fair one throughout—during the greater part of the rounds the prisoner appeared to be anxious to avoid striking him—after the seventeenth round he said, "I will not strike him, let him go down"—the prisoner was following him, and he went backwards on the bank with his head on a stone or a piece of hard clay, or some hard substance—the prisoner did not strike him at all then—he appeared much
weaker after the fall than before, and four or five rounds afterwards, became insensible—in every round after the fall he fell without being struck—I have known the prisoner twelve months—he is a hair-dresser—he bears the character of a peaceable, quiet, well-conducted young man.
GEORGE WILLIAM WOOD . I am a surgeon. I was called to see a man at No. 26, Brighton-street, where the Coroner's Jury visited—he was then dead—I was present at the Inquest, and saw the same body—in my judgment his death was caused by a broken blood-vessel on the brain at the back of the head—I cannot judge from what it arose—I saw no external marks on the head—it might have been caused by a fall on the back of the head—his eyes were a little discoloured, a blow there would, not be likely to cause the rupture in the back part of the head.
NOT GUILTY .
ROBERT RUDD . I am in the employ of John Taylor, a linen-draper, in St. John-street-road, in the parish of St. James, Clerkenwell. On the 6th of October, between six and seven o'clock, I received information while I was in the shop—I went into the street, and into Arlington-street, I saw the prisoner running, twenty or thirty yards off, and about three hundred yards from the shop—he had a piece of flannel on his shoulder, I saw him drop it—I pursued, and took him, and gave him to the policeman—I went hack to where the flannel was dropped—a policeman picked it up in my presence—it is the property of my employer, and worth 6l.—I had seen it safe not more than ten minutes before I left the shop, standing inside the door-way, at least one foot—the shop leads to the dwelling-house, and is part of it—master sleeps in the house.
Prisoner's Defence. A young man said he would give me 6d. to carry the bundle for him to Holborn hill—he put it on my shoulder, and was going down St. John-street-road—I turned round and missed him—the policeman took me, and said I had stolen the flannel.
GUILTY . Aged 18.— Confined Six Months—the first and last Week Solitary.
WILLIAM PEACOCK . I am a wine-dealer, and live in Milton-street, City. On Tuesday, the 29th of September, I was in Old-street, near the corner of the City-road—I saw two wagons coming along empty from Shoreditch Church, towards Goswell-street, following each other—the first had four horses and the other three—they were trotting at the rate of four or five miles an hour—I cannot say that I saw the drivers—I might have seen them, but not to take notice of them—the wagons passed me, and I heard a scream when the last wagon was five or six yards past me—the scream was in the direction of the last wagon—I looked and saw a woman on the ground in the road, a few yards behind the last wagon—I went up to her, and she was dead—two or three went up before me—I did not see any marks on her, nor any blood—she was about six feet from the curb-stone
—the wagons had passed over the spot where the body was—I had not seen her before the wagon passed—I saw the driver of the first wagon, but I do not think I saw the driver of the last at all—I heard a cry of "Stop," two or three times—I believe that was made by the hind wagoner—I do not know who the wagoners were—I saw no other carts or carriages in the road—the horses did not appear to be startled at all, nor running away—I and three or four more carried the woman over to Mr. Perry, a surgeon, very near the spot—her body was examined—the surgeon tried to bleed her, but very little came indeed—the body was then conveyed to St. Luke's workhouse—I saw the prisoner at the station-house—I cannot lay whether I saw him before, but my attention was not directed to the wagon—I was looking in at a shop window.
WILLIAM LAND . I am in the employ of Mr. Howard. I was at the corner of Old-street, coming up Featherstone-street, at the cigar shop, and could not cross the road on account of two wagons—I then looked towards Finsbury-square, and had not been looking long before I heard a scream, I looked round, and saw the woman lying between the two wheels of the hind wagon, which was then going on—I saw the hind wheel pass over her body—an omnibus came up after the accident—the wagons were trotting—I am no judge of the speed of horses, but should think they were going at between five and six miles an hour—I did not see the Carmen—the wagon stopped as quick as possible—I could not see who stopped it—the woman was taken to Mr. Perry's, but was dead—I did not see the carman at Mr. Perry's—I did not see the prisoner till I went to the station-house to give my address—I had not seen any thing of the woman before she was under the wheel.
ANN HALL . I live in the City-road. I was at the corner of Old-street, and saw two wagons pass at a trotting rate—I did not see the drivers, nor hear the scream—I saw the hind wheel of the last wagon pass over something—I did not know what it was at first—I afterwards found it was the body of the woman—I did not know her—I could not see where the driver was at the time the wheel passed over her—I was on the right-hand side of the wagon, and on the left-side of the road—I afterwards saw the driver come up in a direction from the Star public-house, which is at the opposite corner, and behind the wagon—he was running—I did not see where he came from—when I first saw him he was by the Bide of the wagon, which was still going on—he ran to the shaft-horse and stopped it—that was almost directly after the wheel had passed over the body—the body was carried to the doctor's—I did not see what became of the wagoner afterwards, for I left directly—I cannot swear whether the prisoner is the man, for I did not look at his face—I cannot say whether he had a whip in his hand—he cried out to the first wagoner, but I do not know what he called out.
Cross-examined by MR. PAYNE. Q. What part of Old-street was this? A. Between the City-road and Aldersgate-street, turning round by the Lying Inn Hospital—the wagoner was just at the tail of the wagon—the deceased was in the road, about two yards and a half from the side I was on, between me and the wagon.
EMMA BONIPAY . I am the niece of the deceased. I saw her body at the inquest, which was held at a public-house in St. Luke's, nearly opposite the workhouse—her name was Elizabeth Wells, she was in her sixty-fourth year—she was not at all infirm, neither deaf nor blind, nor given to drink—I saw her alive on the morning of the accident—she was in perfect
health when she left my house—I saw Peacock, Land, and Hall at the inquest—they did not see the body in my presence.
THOMAS STRATTON . I am carman to Daniel and Peter Cloves; the prisoner was in the employ of Keaton, a carman, and occasionally drove Messrs. Cloves' wagon. On Tuesday, the 29th of September, I was in Old-street-road, driving a wagon with four horses—the prisoner was driving a wagon with three horses—my wagon was first, and near the corner of Old-street—I was told of this accident—I did not go back—I remember passing the corner of Old-street—I was going at about the rate of from four to five miles an hour, for the space of four or five hundred yards—I believe the hinder wagon was coming at a similar pace—I was near the third horse's head—I did not see the prisoner at that moment—he was the only driver of the second wagon—I had seen him four or five minutes before we passed the corner, by the side of his horses—when I looked back he was by the centre of his horses on the near tide, with his whip in hand—he was perfectly sober—my horses had startled at something, which I think was a bell ringing in the Vinegar-yard—I went by the side of them as fast as I could, and while I was doing so, the prisoner ran up and called to me, "Tom, for God's sake come back; they tell me I have run over a woman, and she is dead"—my horses were stopped—I did not go back with him—Elliott, my man, went back.
Cross-examined. Q. How long have you known the prisoner? A. About fourteen years—he is a humane man—he appeared a careful driver.
HENRY LAURENCE . I am a baker, and live in George-street, New North-road, Islington. On the evening of the 29th of September I was near the corner of Old-street, and saw a wagon with four horses, coming up at the rate of about five miles an hour—the carman was close along-side the third horse—a second wagon followed, and when it had passed along I saw something lying in the road—I did not hear any cry—I was standing there all the time, and was on the off-side of the wagon when the accident occurred—I ran to see what it was in the road, and it was the woman lying dead—I had not known her before—I afterwards saw the prisoner alongside his wheel-horse—I did not see him before that—I was on the hospital side when the second wagon came along—if he had been on the near side, I could not have seen him, because it was dark and thick at the time they were passing—I saw the prisoner in custody, he did not try to get away—he was very much agitated, and seemed quite sorry for what had happened.
GEORGE MICHAEL PERRY . I am a surgeon, and live in Finsbury-terrace, City-road. On the 29th of September the body of a woman was brought to my house, between eight and nine o'clock—she was quite dead, and appeared to have died only a few minutes—I observed across her chest, from the right side to the left, a broad streak of dirt—on passing my hand up towards her chest and abdomen, I felt there were several ribs fractured, immediately over the heart—I could not form any judgment of the cause of her death from that examination—I have since opened the body, and her death was caused by the injury of the ribs, and the lungs and viscera—the liver was divided, and the ribs broken in several places, which might have been occasioned by a wagon-wheel passing over the body—that would fracture the ribs, and injure the contents of the chest—the spine was also fractured—I attended the inquest at the Cumberland Head public-house—the body was then in St. Luke's workhouse—I did
not see Bonifay there—there was no other body lying dead at the work-house at that time, that I recollect.
NOT GUILTY .
2556. JOHN THOMPSON was indicted for breaking and entering the dwelling-house of Thomas Inman, on the 17th of September, and stealing therein, 4 yards of calico, value 2s.; 1 apron, value 1s.; 3 shawls, value 7s.; 2 shirts, value 4s.; 1 body of a shirt, value 5s.; 2 1/4 yards of linen cloth, value 3s.: and 1 yard of printed cotton, value 9d.; his goods.
THOMAS INMAN . I am a shoemaker, and live in Felix-street, in the parish of St. Matthew, Bethnal-green; nobody but myself and family live in the house. On the 17th of September I went to bed about half-past seven o'clock, leaving my wife up—when I had been in bed about a quarter of an hour, or twenty minutes, I was alarmed by the cry of "Thieves in the house"—I got up, came down to the street-door, and saw my son at the door, who said something—he is between eleven and twelve years old—I went into the front-room down stairs, and saw things lying about the floor in a disturbed state, and the drawers open—Catling came up and told me something—I went up stairs and dressed myself, and came down again into the front room—I did not examine, to see how any body could have got in—the windows were fast—I saw several matches lying about on the floor—I afterwards saw some property brought back by Catling, which I delivered to the officer.
Cross-examined by MR. DOANE. Q. How many times were you examined before the Justice? A. Only once—I went to the office on two occasions—I signed my deposition—I was not examined at all positively—I was examined by Mr. Grove—I cannot say I was not examined twice, but I should not like to swear it—I picked the matches off the floor after Kemp, the officer, had been there.
HARRIETT INMAN . I am the prosecutor's wife. On the 17th of September he went to bed about half-past seven o'clock, and after that I went out to see my son and daughter—I shut the door after me, leaving nobody in the house but my husband—the door fastens by a spring-lock—I am quite positive the spring-lock was fastened—I took the key with me—I did not keep the key ten minutes before my little boy, Robert, who is between eleven and twelve years old, came, and I gave him the key—he left me directly with it—my husband afterwards came for me, and I went home—I missed the articles stated, and found the drawers all tumbled, very different to what I had left them—I did not particularly examine the house—the door shut as usual afterwards—I found the windows fast, as I had left them—no window nor door was left open—I saw the articles again at the office—I had seen them the same afternoon—I had put some of them in the drawer that evening, and am positive they were there when I left the house.
Cross-examined. Q. When you went to your son's, did you lock the door? A. No, I pulled it to, as I generally do.
ROBERT WILLIAM INMAN . I am between eleven and twelve years old. On the 17th of September I went to my mother for the key of the house a few minutes before eight o'clock—she was at my sister's house, in Gloucester-street—I got the key, and went home with it—when I got to the door I found it ajar—I saw a man in the passage, between the front room door
and the street-door, standing there, with his face to me—it was not light enough to see his face to know him again—he ran out of the house—I was just going in as he ran out—I saw a bundle under his arm, wrapped up in something black, and some white things shown out of it—I called out "Thieves," and he ran away—I did not try to take hold of him—he ran towards the bottom of the street, down Felix-street—I called out, "Stop thief," and stopped at the door—about ten minutes after the prisoner was brought back to the house by an officer—I could not tell whether he was the man or not—it was a tall man I saw in the passage, he was dressed in black—he had a coat on, I know, because he ran against me—the prisoner was dressed in black, and is about the same size as the man.
WILLIAM WOOD . I am a butcher, and live in Wynn's-place. On the evening of the 17th of September, about eight o'clock, I was in my father's stable, doing up the horse, ten or fifteen yards from Inman's house—the stable looks into Felix-street—I heard the little boy cry out, "Father, here are thieves"—I pushed open my stable-gate directly, and saw a tall man come running, with a black bundle, with part of it showing white—I did not see how he was dressed—I said, "I will have you"—he was then within search or ten yards of me—he directly chucked the bundle away, and ran away—I followed him, and kept him in sight—I did not overtake him till the officer took him into custody—I called "Stop thief" all the way I went—I saw the officer take him, and was running with him at the time—I had not lost sight of him from the time he threw the bundle away till the officer took him, only when he just turned the corner, and I was not five yards behind him—I did not lose sight of him for a moment—when I got sight of him again there was no other man in sight—I am sure the man the officer took was the man I saw throw the bundle away—he was taken back to the house—the prisoner is the man, but he had more whiskers than he has now—Catling picked up the bundle, and carried it to the house—it was gone when I came back—he threw it away between Catling's house and our stable, which are next to each other.
Cross-examined. Q. Wynn's-place, where you live, is in Hackney-road, is it not? A. Yes, close by Cambridge-heath-gate, which is a turnpike gate leading into Hackney—when I opened my stable-gate the man was running on the opposite side of the way, close in the gutter.
COURT. Q. In what direction did he throw away the bundle? A. Towards me.
GEORGE KEMP . I am a policeman. On the night of the 17th of September I was on duty, watching the house next to Inman's, and saw the prisoner and a short man together several times while I was there—I saw them just against the shutters of Inman's house between seven and eight o'clock—I walked round, suspecting they were watching me, and saw them—I came round again, and missed the prisoner—I saw the short man standing by himself, just against Inman's place—I crossed and looked at him, and went away—he followed me—a few minutes after I heard the cry of "Stop thief"—I ran in a different direction to where I heard the cry—I came to the corner of Hope-street, and saw a number of people singing out "Stop thief," and the prisoner and a short man running from Inman's house, towards Hackney way—I laid hold of the short man first, and put him on the ground—somebody hallooed out, "That is not the man who chucked the bundle away, it was the other man"—I then pursued the prisoner, and took him in Hackney-road, running as hard as he could—
he was right out of breath, and could not speak—a person said, "That is the man that robbed the house"—he said he was not guilty—I took him back to the house, searched him, and found on him a silk handkerchief, one shilling, two sorts of lucifer matches, and a knife—some Lucifer matches were given to me by Mr. Inman—I also found two lucifer matches in the bundle of things—the matches found on him and those given me by Mr. Inman were of the same description, (but some of them were partly burnt,) and the same with what were found in the bundle—MR. Inman produced the bundle—I have had it ever since—these things were in it then.
Cross-examined. Q. Have you ever mentioned finding two matches in the bundle before? A. Yes—there were two hearings before the Justice when the witnesses were sworn and gave evidence—I was at both of them—Thomas Inman was examined more than once on oath—I am quite certain of it—as far as I can judge, it was from half to three-quarters of an hour between the time of my first observing the prisoner and the other to the cry of "Stop thief"—(looking at his deposition)—this is my signature—I swear that I mentioned about the matches in the bundle—my evidence was read over to me—I was asked if it was correct—I signed it—I think I mentioned about the matches in the bundle on both examinations, but I cannot say, but the last I will swear to, the day it was read over to me—I told the clerk of it in the private room, whether he put it down I do not exactly know, but I thought what he took down was right—it does not seem to be put down—I was not conversing with the witnesses before the Magistrate on this subject—I had some conversation certainly—MR. Hunt, the prisoner's solicitor, reprimanded me for it, the Magistrate did not—Mr. Hunt spoke to the Magistrate on the subject—while a witness was being examined, I interfered, and Mr. Hunt made an observation—I do not think the Magistrate reprobated my interference—I will not swear he did not—I was standing close to the witness at that time—the Magistrate did not order me to go back, that I swear—I did stand back of my own accord, not on account of the Magistrate ordering me back, but when the remark was made by Mr. Hunt.
Q. Were you afterwards reprimanded by the Magistrate when you were found standing behind a door in the passage? A. I was not in any passage—I was in the yard—I was not reprimanded by the Magistrate—MR. Hunt said I was standing outside—the Magistrate said something, but did not reprimand me—I believe I was standing in a place contrary to the Magistrate's order, but I did not know it till Mr. Hunt called the Magistrate's attention to it—I was standing in the yard, but I could not hear any witnesses where I stood—I did not remove from that place after an observation from the Magistrate, for it was after I came into Court—I moved from the yard into the office—I came in as a witness—MR. Hunt said I had been standing outside listening—I was sworn on two occasions.
MARY ALLEN . I am servant to Mr. Catling, and live in Felix-street. On the evening of the 17th of September, about a quarter after seven o'clock, I was in Felix-street, and saw the prisoner, when I went out to close my shutter he passed by, walking very slowly, and looked me very hard in the face—there was a short man with him—this was a few yards from Mr. Inman's house—I heard a cry in the street a few minutes after eight o'clock—I could not distinguish any words—I had seen the prisoner before I heard that cry, three different times—I had seen him about a quarter
of an hour before at Mr. Inman's door—I am store he is the man—on hearing the cry I went out—master went out before me.
Cross-examined. Q. Have not you expressed doubts as to the prisoner being the man you saw in the street before the cry of "Stop thief?" A. I did, but I did not understand the word—I have only expressed doubts on one occasion—Kemp spoke to me, and Mr. Hunt named it—I do not recollect whether it was after I had expressed a doubt as to the prisoner being the man that Kemp spoke to me.
COURT. Q. You say Kemp spoke to you, was that in the Magistrate's office? A. Yes—I do not remember that it was while I was being examined—it was before the Magistrate that I expressed a doubt about his being the man—I afterwards said I had no doubt—I do not recollect whether Kemp spoke to me between my saying I had a doubt, and saying I had no doubt—I do not recollect whether Kemp said any thing to me about his being the same man or not—I do not recollect any thing he said to me.
Q. How came you to say you had some doubt whether the prisoner was the man or not? A. I did not understand the word, although I was positive he was the man—it was at the end of my evidence before the Magistrate that I expressed the doubt—the Magistrate put the question to me which drew from me the answer expressing, that doubt—I had before that stated that he was the man.
WILLIAM TAYLOR CATLING . I live in Lower Felix-street, Hackney-road. On the evening of the 17th of September, a few minutes before eight o'clock, I heard a cry of "Stop thief" in Felix-street—I went out, and saw a bundle on the opposite side of the road—I picked it up, and took it to Mr. Inman's house, and gave it to Mr. Inman—I there saw what it contained—it was afterwards given to the officer—the things were like those produced—they were rolled up in this black shawl, and some of the white was out.
MRS. INMAN re-examined. These are all my things, and were in the house on the evening of the 17th of September I am certain—this black shawl is mine.
MR. DOANE to WILLIAM WOOD. Q. Have you not expressed a doubt whether the prisoner was the person you saw? A. The Magistrate asked me whether I had any doubt, and I said, I did not know the meaning of a doubt, but I was positive he was the man—I will not be positive whether or not I told the Magistrate I had a doubt before I said I was positive—he asked me over again—I cannot say whether he asked me three or, four times about it, I will not swear he did not—Kemp was not near me at the time—he was not in the office when I was examined—I was examined twice—I did not see Kemp between the two examinations—I had no conversation with him—it was at the first examination I was asked if I was positive of the prisoner—it was the same day that I said I was positive—I heard Kemp examined.
(Witnesses for the Defence.)
FREDERICK JOHNSON . I am a cigar-manufacturer, and live in Gibraltar-walk, Bethnal-green. The prisoner has been in my service for the last four months—I understand he came from Liverpool—I remember the evening he was taken up—I heard of it the following morning—I was in my workshop that evening with Wm. Smith, one of my workmen, and the prisoner—he came to work at eight o'clock in the morning, his usual time—
he went to dinner, and came back at two—he remained in the workshop until ten minutes to eight, when he left—there is a clock in the workshop—I looked at it, and remarked that it only wanted a few minutes to eight when he left—I am quite positive he was there from seven till ten minutes before eight—he worked at piece-work, making cigars—I had a character with him—he behaved honestly with me—I have not lived above five or six months at my present residence—I lived at No. 28, Wellesley-street, St. Pancras, New-road, before that—I carried on no particular business there—it was a private house—I lodged there—MR. Merry kept the house—I never carried on business before I was a cigar-maker at this place—I sell cigars wholesale—the prisoner understood making cigars when he came to me—I have worked at several cigar-makers' myself—Terry's in the Minories, and Newton's in Friday-street.
JURY. Q. Are you one of the prisoner's bail? A. I am.
WILLIAM SMITH . I am workman to Mr. Johnson, and have been so rather better than three months—the prisoner worked in the shop with him—I remember his being taken into custody on this charge—I was at Mr. Johnson's that afternoon—I left a little after eight o'clock—the prisoner was there that afternoon—he went away before me—he left a little before eight—I swear he was at work there until about ten minutes or a quarter to eight.
COURT. Q. What work was he engaged in? A. Cigar-making, down to the time he went away—I was cigar-making—we were working within about a yard of each other—I know the time, because master made the observation when the prisoner left—I live at No. 10, Virginia-row, Bethnal-green, and have lived there better than four months—I have known Johnson ever since I worked in the shop, not before.
WILLIAM KENDON . I am deputy sexton of St. George's, Botolph-lane, and have been so upwards of thirty years, and live in Gibraltar-walk, opposite Johnson's—I have been a housekeeper there eleven years—I know Johnson and the prisoner by working for him four or five months—his character is very good as far as I know—I am one of his bail—on the 17th of September I was at my door and saw the prisoner come out of Johnson's house, about five or ten minutes before eight o'clock.
NOT GUILTY .
Fourth Jury, before Mr. Justice Erskine.
2557. JAMES EDWARD O'BRIEN was indicted for stealing, on the 8th of September, 7 sovereigns: also, on the 17th of September, 15 sovereigns; also, on the 10th of September, 10 sovereigns; the monies of David O'Brien, in his dwelling-house; to all of which be pleaded
GUILTY . Aged 17.— Confined Three Days.
2558. SIMON LYONS was indicted for feloniously inciting James Edward O'Brien to steal 7 sovereigns, the property of David O'Brien.—2nd COUNT, for receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. JONES conducted the Prosecution.
DAVID O'BRIEN . I keep a beer-shop in Field-lane, in the parish of St. Andrew, Holborn. On the 7th of August I had forty sovereigns in the upper drawer of a chest of drawers in my bed-room—I kept that drawer locked, and kept the key in ray waistcoat-pocket—one morning I caught my son James at my room door joggling the key and shifting the door, and
the key fell—that was some time between the 22nd and 27th, but I cannot say the day of the month or week—about the 22nd of last month, Mr. Ford, a neighbour, called on me—in consequence of what he said I went to see if my money was right—I missed thirty-two sovereigns—I gave my son into custody between ten and eleven o'clock that night—he gave me up 2l. 2s. at first, and after I gave him in charge of a policeman, going along Giltspur-street, he gave up a leather purse with five sovereigns in it—I gave that to Brand, the policeman, with the 2l. 2s. and 5 1/2 d.—my son is fifteen years old next December.
Cross-examined by MR. PHILLIPS. Q. Does the boy attend to the persons in the beer-shop at times? A. Sometimes—he supplies beer and takes money when he is in the way, but he does not come home till eight, nine, or ten o'clock at night—he works in a printing-office all day—he assists as in the evening.
MR. JONES. Q. Did you allow him to have any control over your money? A. No, nor ever allowed him, or any of the boys, to meddle with the till—the girls have the sole and whole control of it—I never authorized him to take any money from my drawer—he never had any communication with that drawer whatever.
JAMES EDWARD O'BRIEN . I am the prosecutor's son. I have known the prisoner as long as I can recollect—he lived in George-alley, near Field-lane—shortly before last Bartholomew-fair I met him—he asked me if I had any money—I said, "No"—he asked whether I could get any, and laid, "You can get some, if you like"—I said I could not—he said, "Get some money, and we will go and play at skittles at Greenwich, and win some"—he said I was to get it in the same way that he got his from his mother—he said I was to get into my father's room to get the key, or else he would give me a key, if I could not get it—no more passed—I did not do any thing towards getting any money till the Tuesday after Bartholomew-fair—I went into my father's bed-room about six o'clock that morning, and got the key out of his waistcoat-pocket—he was in bed, asleep—I went to the drawer, opened it, and got seven sovereigns—I put the key back again into his waistcoat-pocket—I afterwards went out, and saw the prisoner in Holborn, about nine o'clock—he said, "Have you got it?"—I said, "Yes, I had 7l."—he said, "Oh, let us go to Mutton-hill, and play for a pint of beer, at the Two Brewers," it is in Vine-street, I think, at the end of Hatton-garden—we went there, and he played me for a pint of beer, which I changed a sovereign to pay for—we did not play any more there—he then proposed going to Greenwich to play at skittles—he said there was plenty playing there—we went as far as Farringdon-street, took a cab from there to London-bridge, and went by the rail-road to Greenwich—we went to a public-house in the town—I do not know the name of it—the prisoner played at skittles there with Delhunt, and lost—I paid about 4l. to Delhunt and other people, for what the prisoner had lost—I did not do that of my own accord, the prisoner told me to pay—we went to another public-house at Greenwich, and played again there—he lost a few more shillings—he played with the same parties at that house—I paid them—after that we went over in a boat to Blackwall, and from there to Ratcliff, to a public-house—the prisoner said that public-house was where he spent his 20l. that he took from his mother—he said he would show me some life—we did not play there—we went from that house to another, on the opposite side of the street, called the White Swan, or
Paddy's Goose—we had a pint of beer and a glass of gin and water there which I paid for—after that we came home in a cab, which I paid for—I then went home—next day I met the prisoner in Holborn, at the same place, and we went together to the Black Bull, in Gray's Inn-lane—he played a person they called Punch at skittles, and lost about 12s.—I paid for that, by his order—two or three days after I went with him to a public-house at Westminster—he played at skittles there, and lost about 12s.—I paid it—I paid about 18s. or 19s. there altogether, treating the soldiers that he knew—I paid some more at different houses, and going about and paying for cabs wherever we wanted to go—about a fortnight after we went to Woolwich—I had spent the seven sovereigns before we went there—it was spent playing at skittles, and in the way I have mentioned—I did not give any part of the seven sovereigns into the prisoner's charge.
Cross-examined. Q. Where do you work? A. At Mr. Cunningham's, a printer—it is my business to be there every day—I am paid wages for my work—when I get home of a night I serve the customers at the beer-shop, and take the money—I do not take a hand of cards sometimes—cards are played there—it is some years since I first knew Bartholomew-fair—I began to frequent it as long as eight years ago—my father did not always go with me—some one went with me sometimes, and sometimes I was let go alone—I used to stay till about eight or nine o'clock at night—I used to go to school of a day, and when school was over I went to the fair sometimes—I was there looking, like every one else—I went to the shows and the other amusements—my father had me taken up for robbing him, and then I said it was the prisoner desired me—I believe he is twenty-three years old—he told me so—he used to come to my father's house—I first began taking money from my father about seven or eight weeks ago—I left my work when I went to Greenwich, Woolwich, and the other places—the prisoner told me to leave my work, and I could pay my father back again out of the money I took—I told my master I had left my work—he lives in Shoe-lane—I was not in the habit of going into my father's bed-room before he was awake—this was my first going in—I was taken into custody a day before the prisoner.
MR. JONES. Q. How soon after you had been taken into custody did you say any thing about Lyons? A. The same night, to Waller the policeman—he came and asked me—I told him first, and he sent for my father—I was never charged with any offence before this.
COURT. Q. Before you went to play at skittles had you any conversation together about what was to become of the money if he won it? A. No.
TREPHENA PIPER . I am the wife of Thomas Piper, of the Two Brewers public-house, Mutton-hill. I know the witness O'Brien—he first came to our house with the prisoner about the beginning of September—I never saw him before—when he first brought him, I made an objection to his going into the skittle-ground on account of his youth—he said, "He is my brother, he is not going to play, he is going to wait for me while I play"—I said, "Very well," and they went into the skittle-ground—I cannot say whether either of them played—I cannot say whether either of them paid me any money—whatever went from the bar was paid for by the waiter—I never saw them in possession of money—they were there eight or ten times.
I first saw the prisoner and O'Brien at the William the Fourth public-house, in London-street, Greenwich, I cannot say the time—I played at skittles with the prisoner, and won between 2l. and 3l. of them—when I won a few shillings Lyons told the boy to pay—the boy threw down a sovereign, and I gave change—when he gave me the sovereign he pulled out a purse, and I heard more money in it, but I did not see it—other people won money of Lyons as well—he lost altogether between 3l. and 4l.—the boy paid the money they lost without Lyons asking him for the money, and he gave it him to pay—5s. was the largest sum I saw him give Lyons at one time—after playing there, we went together to another public-house, and played there—I won 6s. or 7s. more there, which the boy paid.
Cross-examined. Q. Has the prisoner been a friend of yours? A. No—I never saw him in my life before, to my knowledge—the boy tossed with me for 1s. at a time—he tossed for 2s. or 3s.—I cannot say whether he proposed to toss with me, or I with him—he tossed willingly—sometimes one threw up the shilling, and sometimes the other—he won a few shillings, I cannot say how much—he did not toss for a crown—we were tossing for about ten minutes in the skittle-ground.
JOHN BRAND . I took the boy O'Brien into custody on the 22nd of September, about eleven o'clock at night—he gave 2l. 2s. to his father, and 5l. to me afterwards, at the corner of Giltspur-street—in consequence of what he said I and the sergeant apprehended the prisoner—we inquired if he knew the boy—he said he did—we asked if he had any money of him—he said, "No"—after getting to the station-house the boy was fetched out, and questioned about going to Greenwich, and stated, in his presence, that he took the money on account of Lyons persuading him—he said he went to Greenwich with Lyons, and Lyons played at skittles there with a person named Delhunt, which Lyons denied—he denied having any thing to do with the money, or going to Greenwich either.
HENRY JOHN TEAGUE . I am a City policeman. I apprehended Lyons, with Brand, on the 23rd of September—at the station-house he said he had not been with O'Brien to Greenwich, Woolwich, or other places, and had not been to the skittle-ground with him, or in his company—I found a duplicate of a watch on him, pawned for 15s.—I received information about one o'clock, which led to the apprehension of Lyons—the inspector sent for me at that time, and then, from what the inspector stated to me, I apprehended Lyons—the boy did not make any communication to me, what I learnt was from the inspector—when he made the communication to him, I cannot say.
JOHN BRAND re-examined. I took the boy into custody at eleven o'clock at night—I cannot say when he made a communication about the prisoner, but it was five o'clock in the morning when I was desired by the sergeant to take the prisoner.
(Several witnesses appeared to give the prisoner a character, but admitted that he had been charged with robbing his mother of 20l.)
GUILTY . Aged 23.— Transported for Ten Years.
Third Jury, before Mr. Common Sergeant.
GUILTY . Aged 16.— Confined Three Months.
GUILTY.* Aged 36.— Transported for Seven Years.
GUILTY . Aged 18.— Confined Three Months.
GUILTY.* Aged 56.— Transported for Seven Years.
GUILTY .— Confined Three Months.
2564. ELIZABETH ALEXANDER was indicted for stealing, on the 19th of September, 1 veil, value 10s.; 1 printed book, value 2s.; 2 handkerchiefs, value 7s.; and 1 pair of gloves, value 1s.; the goods of Ruth Southgate: also for obtaining by false pretences, on the 17th of October, 6 yards of flannel, and 5 yards of ribbon, the goods of James Nicholson: to both of which indictments she pleaded
GUILTY .— Transported for Seven Years.
GUILTY. Aged 16.— Judgment Respited.
HENRY JOSEPH HOLLYWELL . I keep a broker's shop in Windmill-street, St. Luke's. On the 10th of October I received information and missed my fender—I went out and met Mr. Routen with it, and the prisoner.
FREDERICK ROUTEN . I live opposite the prosecutor—I saw two men loitering about for ten minutes, and presently I saw one of them take up the fender, and carry it a short distance—I followed and overtook him—the prisoner directly took it from him.
Prisoner's Defence. A man asked me to carry it, and said he would give me 4d.; I was not with the man; I turned round, when the gentleman came up.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined One Year.
2567. SOPHIA FOX was indicted for stealing, on the 5th of October, 2lbs. weight of beef, value 1s. 4d.; and 12oz. weight of bread, value 2d.; the goods of William Polden, her master: and SARAH JONES , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
quarter past eight o'clock, I was watching and saw Jones in the mews under the window—she held her apron up, and received a bundle which Fox threw out—I laid hold of Jones, and found in the bundle a bonnet, some bread and beef—the bread and beef was mine—my house is at the corner of the mews—Fox had got out on the leads of the first-floor window, and threw it over the parapet—Jones was close to the house.
Fox. I called Jones to me—she did not know she was going to receive anything of me—I did not consider I was stealing any thing—my mistress desired me to give the broken bits away. Witness. The beef had been boiled about a day—it was not refuse—she might think there was no harm in giving it away.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
JAMES SADD . I keep the Penton Arms public-house, in Baron-street, Pentonville—the prisoner came into my service about four months back as pot-boy—I had an account with Mr. Henman, which was going on most of the time the prisoner was with me—on Tuesday, the 22nd of September, he paid me 3s. for Mr. Henman, and said the balance was to be paid the following week.
Cross-examined by MR. JONES. Q. In what way did you pay the prisoner? A. 5s. a week and his board—for a short period I paid him 4s., and 1d. for every pot he got rid of, but I heard that he gave credit to people whom I did not choose to credit, and increased his wages 1s. a week—I did not make him responsible for credit I gave—when I raised his wages to 5s. I told him, if he gave any credit he must be responsible—I discovered this on the Monday after I discharged him, which was on Friday—I had him taken into custody on the Monday or Tuesday evening, when he came into my house and was smoking his pipe—I had not seen him between the Friday and Monday—he might have been in my house between Friday and Monday, but I did not see him—I do not know that I saw him on Saturday or Sunday—I do not often go into the tap-room—I did not see him in my house on Saturday or Sunday—if any one told me he was there, I did not pay any attention to it, for I did not know till Monday morning that he had robbed me—I do not believe he was in the house on Saturday or Sunday—I do not know where he went to from my house—there had been a quarrel between the cook and the pot-boy shortly before—the prisoner went before the Magistrate about it—I was angry with him for going as a witness against the cook—I discharged him for it, because he had told me he knew nothing about it—I did not say I would serve him out for it—I did not say so to any body—I have known the prisoner's father since this occurrence—I never saw him till I saw him before the Magistrate—I never told him that I would serve the prisoner out—I said I would make an example of him, as I had been robbed by so many potboys—I have not the least feeling against the boy—I did not ask him for any explanation about the money before I gave him into custody—I did not ask why he did not pay me 1s. 6d.—he had been about in the neighbourhood saying that I owed him 3l.—he never stated to me that I was in his debt—he said stoppage of wages was no payment—I never kept back his wages—he always took more than 5s. worth of beer out, and his
wages were taken out of the beer—I had not been talking about the accounts when he spoke of the stoppage—if he took out 7s. worth of beer, he would have only 2s. to pay me—I allowed him to deduct it—we never had any debtor and creditor account—he booked money to the customers—what he did not book to the customers he was to give me the money for—I did not pay him 5s. on the Friday night—he owes me 6s. 10d. for beer which he took out and did not account for, either by paying or booking—it stood on my slate against him—when he put down customers I did not like, I said, "Don't trust them any more"—I never said he should pay for what I trusted—he accounted to me every night for the beer.
COURT. Q. When did you receive the 3s., and he said Henman would pay the next week? A. On the Tuesday evening—I discharged him on the Friday week following.
EBENEZER HENMAN . I live in Chapel-street, Pentonville. On the 22nd of September I owed the prosecutor some money—I took a pint of beer of the prisoner, and asked what that made me owe him—he said 7s. 6d., and I paid him 7s. 6d. for his master.
Cross-examined. Q. Had you any bill? A. No—it was not him that give me credit, but his master.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Six Months.
(There were two other indictments against the prisoner.)
NEW COURT.—Saturday, October 24th, 1840.
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 55.— Confined Six Months.
2570. JANE MORRIS was indicted for stealing, on the 24th of September, 3 shawls, value 2l.; 2 gowns, value 30s.; 4 pairs of stockings, value 5s.; 2 petticoats, value 4s.; and 2 towels, value 2s.; the goods of Robert Benson, her master; to which she pleaded
GUILTY . Aged 20.— Confined Three Months.
HENRY MOUNT . I am superintendent of police at Brinton, in Norfolk. I searched a bundle which had been left at Melton, in a lodge belonging to Sir Jacob Astley—I found in it seven pots—I took the bundle to the prisoner at the workhouse, and he identified it as his—I found one pot belonging to Mr. Howard.
NOT GUILTY .
MORIARTY pleaded GUILTY . Aged 27.— Confined Six Months.
CHARLES FARLEY . I live opposite Mr. Duggan's, in Tower-street, Seven Dials. On the 30th of September, between five and six o'clock in the evening, I saw the prisoner Benstead near the prosecutor's house—he is a carman—he was loitering about—I watched him about a minute—I saw Moriarty come out of Mr. Duggan's directly after with a sack on his back—Benstead stood at the door—he walked on to the corner of Monmouth-street—I then set my boy to watch, and I told the policeman.
WILLIAM LAYLAND (police-constable F 100.) I was passing Regent-place, Crown-street, and saw Moriarty and two men assisting him with something on his back—I went up, and asked where he got it—he said it was no business of mine—I took the sack and the contents.
BENJAMIN MORTIMBER . I am horse-keeper to Mr. Michael Duggan, in Tower-street, Seven Dials. I went into the kitchen where the corn was kept, and found the door open, and the staple drawn out—I missed this sack of beans, which I had put on one side, because I would not take it out, for it had a hole in it—I know the sack well—here is about three bushels and a half in it—Moriarty used to job for us—I have known Benstead a long time.
BENSTEAD— NOT GUILTY .
MARK RAWLINSON . I let trucks, and live in Shoe-lane. On the 12th of September the prisoner came, and said he wanted a truck for four hours, and he would return it then—he was to pay me 3d. an hour for the use of it—there was a man I knew something of with him, or I would not have let it him—he never returned it—I found it at Mills's the following week.
EDWARD MILLS . I live in Helmet-row, Old-street. The prisoner brought the truck to my house on Saturday evening, the same day as it was lent to him—he offered it for sale for 25s.—he said it was his own—I did not give him any thing, because he could not give me a reference—he left it with me late that evening.
Prisoner's Defence. I was in distress; and I owed some rent; I had had no work since I came out of trouble; I had a job to go to the next week; I got the truck with the intent to take it back again when I began work; I went and got another truck, and got 1l. for it, and then got some oak plank to cover a drain; I was apprehended, or the truck would have been taken back.
GUILTY . Aged 40.— Transported for Fourteen Years.
(There were two other indictments against the prisoner.)
to work on the 20th—I did not miss the saw till the 21st—the prisoner was taken on another charge—I found among the duplicates found on him one for my saw—this is it—(looking at it.)
Prisoner. Q. Have you any marks on it? A. Yes, several—you worked for four days and a half, and you might have worked a good many more—you had 5s. a day.
Prisoner. Q. Was it in the afternoon or the evening? A. It impossible for me to tell—I can swear to your person.
GUILTY.* Aged 23.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
2575. JAMES HARRISON was indicted for stealing, on the 26th of September, 8 1/4 yards of woollen cloth, value 5l. 13s.; 2 1/4 yards of satin, value 1l.; and 4 1/2 yards of woollen-cloth, called tweed, value 1l.; the goods of William White and another.
JOHN TOWERS . I am a woollen-draper, in the service of William White and Greenwell, in Black friars-road. On the 26th of September, the prisoner purchased goods to the amount of 7l. 7s. 3d.—they were to be sent to the Bell public-house, Fleet-street—they were sent to the prisoner's time—he gave his name as Simpson—they were to be directed to that name, and he said if he was not there, his friend would pay for them—he did not describe who his friend was—I sent Frederick White, our boy, with the goods, and requested him not to part with them till he got the money in one hand and the goods in the other—he returned without the money or goods.
Prisoner. Q. Have you seen me before in your warehouse? A. Yes, and you have purchased goods, but the amount has been so very trifling that it led me to have suspicion of you—you have not purchased one-half of the amount of these goods.
FREDERICK WHITE . Towers told me to take the goods to the Bell public-house, in Fleet-street, and to have the money before I parted with them—when I got there I found the prisoner in the parlour—he said his friend had not been there, and I was there rather too soon—he asked me to drink, which I refused—he read about the murder at Ludlow to me, and two or three other things, and told me many other things—after waiting half an hour he took the bill and the parcel off the table, and said he would go up stairs and get the money—I waited in the parlour ten minutes—I then went out and waited about the lobby half an hour—I never got the goods or money—I told the landlady about it, and the prisoner was not to be found.
Prisoner. I did not take them without your permission? Witness. You took the parcel, and said you would go up stairs and fetch the money.
CHARLES WILLIAM PARR . I am assistant to Mr. Walton, a pawnbroker, in Mount-street, Lambeth. I produce a piece of cloth—I cannot say who brought it—it was pawned with another piece for 2l. on the 26th of September—on the 1st of October a person, who I believe to be the prisoner, came and took part of it away again, and paid me 18s. for it.
Prisoner. Q. Can you swear to my person? A. No, it was a man about the same height—this is the counterpart of the duplicate.
another charge, and found six duplicates on him, and one relating to this piece of cloth—it corresponds with this other.
HENRY SOUTH . I am waiter at the Bell public-house in Fleet-street. The prisoner came there on the 26th of September, called for a pint of beer and a pipe, and said there would be a parcel brought for Mr. Simpson—Frederick White came live minutes after—I showed him into the parlour where the prisoner sat—I do not know what became of him afterwards—the prisoner did not lodge in the house—he only came in just before.
Prisoner's Defence. These goods were not stolen. The indictment contains the absurd charge of stealing; they might at well charge me with robbing their warehouse. As I did not forcibly take the parcel away, can any one say I did not intend to return them? but having dealt with both of these prosecutors, I presumed I should be able to pay them. Had another week arrived, without molestation from my prosecutors, I should have arranged the proceedings with them; but both the prosecutors came in full array against me. I allow having acted an imprudent part; and had the indictment been of a milder character, I should not have taken up your time.
GUILTY . Aged 31.— Transported for Seven Years.
2576. JAMES HARRISON was again indicted for stealing, on the 28th of August, 14 3/4 yards of woollen cloth, value 12l. 15s., and 7 yards of kerseymere, value 1l. 12s.; the goods of Thomas Venables and another.
WILLIAM SAYER SPEDDING . I am shopman to Thomas and John Venables. On the 28th of August the prisoner came to their shop—he was a stranger to me—he selected black cloth And black kerseymere, which came to 15l. 7s. 9d.—he directed me to send it to the Nottingham Castle public-house, in Angel-court, Newgate-street—I sent the porter with them—I told him not to leave the goods without the money—the prisoner said he would pay the porter on delivery—I have never seen them since.
Prisoner. Q. You say you never saw me before? A. No—I have nothing to do with my master having seen you—I have heard you have been there.
JOHN LOCK . I am the porter. I took the goods to the Nottingham Castle public-house, the prisoner was there before me—he asked me to come into the parlour, to take a drop of half-and-half—I did so, and put the parcel on the table—after waiting five minutes, he took it up, and said he would fetch the money—I was not aware but he belonged to the house—he went out—I was ordered to bring the goods or the money back.
Prisoner. You allowed me to take it. Witness. You took it off the table.
JOHN HEAPS . I keep the Nottingham Castle public-house. The prisoner was not lodging at our house—he was a stranger—ten minutes before the porter came, the prisoner came in, and had 1 1/2 d. worth of gin—he then said, "If a parcel comes in the name of Harrison, it is for me"—he went into the parlour, and had a pint of half-and-half—the porter came, he went in to the prisoner, and in about five minutes I saw a person come out with a parcel, and go out—the porter came out and said, "Is that man gone up stairs;" I said, "No, a man went out with a parcel, and you had better go after him."
Prisoner. Q. Will you swear to my person? A. I will.
Prisoner's Defence. I really intended to pay for them; it was a momentary embarrassment. I still contend that I did not steal them.
GUILTY . Aged 31.— Transported for Seven Years more.
MARY ANN GUILLEN . I was staying at my brother's, in Britannia-terrace, City-road. The prisoner was his nursery-maid, and had been so about a fortnight—she slept in the same room with me. On the 25th of September I missed a half-sovereign from my purse in my reticule, which I had left in the bed-room—I asked her about it—she strongly denied it at first, but having money in her possession, she was accused again, and acknowledged it.
THOMAS FAGAN (police-constable N 67.) I took the prisoner—I said "It is a very bad job for you"—she took off her pocket, and I found this purse and 1s. 1d. in it—I then went up and searched her box, and found no money, but saw her hide something in her hand—I found in her hand 6s.—I asked her whose it was—she said 4s. she had from her mother, and the rest she took from the prosecutrix, and at the station-house she said she took it all from her.
GUILTY. Aged 15.—Recommended to mercy by the Jury. — Confined Three Months.
JAMES SMITH . I lodge at the Sun public-house, Gray's Inn-lane. The prisoner lodged there for one night, on the 22nd of September—he did not sleep in the same room that I did—I got up first the next morning, and when the prisoner came down he had a bundle under his arm, which he went out with—I went up stairs in about half an hour, and missed my trowsers out of my room—the prisoner was taken on the 24th—these are my trowsers.
The prisoner pleaded poverty.
GUILTY . Aged 31.— Confined Three Months.
2579. CHRISTOPHER CUNNINGHAM and LEWIS OXLEY were indicted for stealing, on the 4th of September, 1 copper, value 30s.; 30 feet of lead pipe, value 2l.; 4 stoves, value 15s.; 2 ranges, value 30s.; 4 doors, value 2l.; 11 locks, value 18s.; 1 shutter, value 10s.; 1 wooden dresses value 30s.; and 4 shelves, value 10s.; the goods of George Frederick Norris; the same being fixed to a certain building.
GEORGE FREDERICK NORRIS . I was the tenant of a house in Sydneyterrace, Marlborough-road, Chelsea; it was empty. Cunningham was porter at the Literary and Scientific Institution, and Oxley, who is his son, was acting under him at the same place—I put them into the house about a fortnight after Midsummer—they were to remain till the Michaelmas quarter had expired—I went there in September, and could not get in—I
got in on the last of September, and found all the property stated removed, which had all been fixed to the freehold, and was worth about 15l.—I have found one stove, which I can identify—it is here—the other things were sold, but broken up.
ELIZABETH HOLLOWAY . My father keeps a marine-store-shop at Chelsea. The prisoners came to the shop together, Oxley with some iron, and Cunningham with a stove—my father bought the things of them—he gave them 2s. for the stove—they came together there twice—one of them, but I cannot say which, sold some cheeks and trevets for old iron.
CUNNINGHAM— GUILTY . Aged 42.— Confined Six Months.
OXLEY— GUILTY. Aged 16.—Recommended to mercy.
Confined One Month.
BENJAMIN MEAD . On the 9th of October I saw the prisoner coming from a cottage which Mr. Cubitt is building in St. Pancras—there was mother man with him who gave the prisoner a parcel—I cannot say what it was.
Prisoner's Defence. I was going round by the Cemetery and picked up these brushes—the man asked what I and got—I said, "Nothing" at first, had then I showed them to him.
GUILTY . Aged 20.— Confined Three Months.
2581. WILLIAM WILSON and CHARLES JACQUES were indicted for stealing, on the 3rd of October, 1 pistol, value 4l. 10s.; 1 powderflask, value 5s.; 2 handkerchiefs, value 3s.; 1 shirt, value 4s.; one cloak, value 1l. 6s.; of a yard of cashmere, value 1s.; and 5 1/2 yards of velvet, value 18s.; the goods of Christopher Payne.
CHRISTOPHER PAYNE . I live at Chesham, and drive my own stagecoach. On the 3rd of October I lost nine paper parcels from my coach which were booked at the Bull inn to go by my coach—I saw them safe in the back of my coach when I left the Essex Arms, at Watford, and when I arrived, at Rickmansworth I missed them—they had been in the hind boot, which was not locked, only pinned—it had been opened and closed again as I had left it—I did not know the prisoners till I saw them in custody at Cierkenwell prison.
MICHAEL MANNING . I am a hair-dresser, and live in Lisson-grove—the prisoners came to me one Sunday night and asked for a lodging—they had each a bundle on their backs—I gave them a lodging, and they took the bundles into their bed-room—they came down the next morning, and gave me the bundles to take care of—I afterwards gave information to the police.
CAROLINE BASSETT . I live servant with Mr. Manning. The prisoners came to the house one Sunday night, and on the Monday morning they came down and gave the bundles to Mr. Manning to take care of—they said they were going to the play, and should not be home till late—on the Tuesday they asked for the bundles, and took them into the passage, and
opened them—they then went out—Wilson came back afterwards, and asked for Mr. Manning—I said he was not at home—he opened one bundle, and took a silk cloak out, and went away.
THOMAS STACK (police-constable D 100.) Mr. Manning gave me notice—I found the two prisoners in Stingo-lane—I followed, and overtook them in York-street—I asked what they had got in their bundles—they turned, and said to Manning, who was with me, "You can see"—I took them to the station-house—I found in Wilson's bundle a silk cloak, and on his person 21s. 4d. in silver, and 1 1/2 d. in copper; a knife, a pistol-screw, and a powder-flask—these are the articles.
Wilson's Defence. This day three weeks we were going along the road, and found these things in a field—we pulled off our smock-frocks, put them in, and next morning we came up to town.
Jaques's Defence. We heard a noise on the other side of the hedge—we went back to the gate, and heard some one run away—I did not see any one—we there found these things.
WILSON— GUILTY . Aged 21.—
JAQUES— GUILTY . Aged 21.—
Transported for Seven Years.
THOMAS RAFFAN . I work with my father, who keeps a stand in Covent-garden-market. On the 17th of October I saw the prisoner go and take a coat off a countryman's horse, which was in the cart, and the countryman was in the cart—there was a bigger boy with him, and he said to the prisoner, "You go and take the coat"—the prisoner did so—I ran and seized him.
JOHN CASTLE HANCE . I am a fruit-dealer. I had my horse and cart in the market—I left my great coat on the back of the horse, while I was unloading—I saw the prisoner with my coat on his arm—this is it.
Prisoner's Defence. A young man took the coat off the horse, and dropped it—I took it up, and was going to give it to the man who lost it—Raffan knows me very well, and knows that I get my living there.
GUILTY.* Aged 17.— Confined Six Months.
JAMES GARNELL . I keep a house in Pond-place, Fulham-road. The prisoner took a furnished room of me, and remained not quite a fortnight—on the 25th of September I went into her room when she was out, and missed the property stated—she left me that morning without notice—I saw her again the same evening, and gave her into custody—this is my property—(looking at it)—she did not owe me any thing.
some duplicates on her, which led me to Mr. Hyam's, a pawnbroker in the Fulham-road—she acknowledged to pawning the property there.
Prisoner's Defence. They would have been made good on the Saturday—I had no thought of leaving—I was distressed to make up a little money, which I was to receive on Michaelmas-day.
GUILTY. Aged 55.—Recommended to mercy. — Confined Six Days.
JOHN SILLITO . I am in the service of John Winkfield, a hair manufacturer in the Southwark-road. On the 5th of October I saw a person very much like the prisoner, come out of an iron-shop with a heavy bulk, which was put into a cart—I spoke to Morris, and we followed the cart to Petticoat-lane—I there spoke to a policeman, who stopped it, and found it was curled hair—my master had lost such, and about the same quantity—there were eight pieces more lost—the carman, Dix, was taken into custody.
GEORGE DIX . I am a corn and coal-dealer, and keep a horse and cart. On the 5th of October, about ten o'clock, the prisoner came and asked if I could do a little job with a horse and cart—I said I thought I could—he said, "You must come directly to Mr. Jones, in the Mint, I want you to take some goods to my house in Petticoat-lane"—I went, and got there at half-past ten o'clock by my watch—the prisoner pointed out two bales of goods which were in Mr. Jones's house—one of them was put into the cart, the other was very heavy—the prisoner was not able to assist me with that, and a person lent us a hand—the prisoner told me to go as quickly as I could to his house in Petticoat-lane, and he would be there as soon as I was—I went, and found him standing on the pavement—there was a scavenger's cart, and the prisoner said he did not think I could get by—I said I could if he would take the horse's head and turn it—I got out of my cart to lay hold of my horse's head—the officer then took me, and said I had stolen property in the cart—I said I was not aware of it, but there was the man who hired me—the officer said, "Where?"—I looked, and could not find the prisoner—I said, "He lives in here"—we went into the house—a person said he was gone up stairs, and another said he was gone down the street—I looked, and saw the prisoner walking about twenty yards from the house—I said to the policeman, "That is the man yonder, follow me, and I will soon catch him"—I ran and caught him—I said, "You have got me into trouble, you have got stolen property put into my cart"—he said, "I know nothing about it"—I said, "Never mind, come with me"—I turned him round, and the policeman took charge of him, and told me I must follow him to the station-house—I got into my cart and followed him with the hair—this is part of it.
Cross-examined by MR. PHILLIPS. Q. Can you take upon yourself to swear positively to it? A. No, my master might have four or five tons of it—I did not go through his stock to see what was missing—this was sent to Mr. Taylor's, a baker, to bake, and was stolen from there.
COURT. Q. You said you lost the amount stated? A. Yes, this corresponds in quantity and quality—I believe this to be my master's.
were from 250 to 360lbs., or a little more—I sent it in a cart to a baker's in Union-street—I have no doubt this hair is my master's—I would not go so far as to swear it.
Cross-examined. Q. Can you tell us what the weight of this is now? A. No, I have not weighed it—it is wetted before it goes into the oven.
COURT. Q. Did you remark how it was tied? A. I saw a mark on it—here is a mark on this, but it is so knocked about that I cannot swear to it, but it is so like the mark that I think it is it.
JURY. Q. How many pieces were there? A. Thirty were sent to the baker's, and we have got twenty-two—part has been lost.
(The prisoner received a good character.)
GUILTY . Aged 61.— Confined Six Months.
GUILTY. Aged 19.— Judgment respited.
JOHN LUTMAN . I am a sawyer. On the 7th of August, I was going to the prosecutor's beer-shop in Macclesfield-street, about three o'clock—when I was about three yards from the door, I saw the prisoner come out with a till—he spoke to some person and walked away—I gave an alarm, and then went after him, but he got away.
RICHARD PARVISOL . I was going down Macclesfield-street, about seventy yards from the beer-shop, I met the prisoner running with the till, holding it out in his hand—there were some others behind him, calling "Stop thief"—they proceeded down City Garden-row.
WILLIAM GUDGEON . Eliza Jobson is my daughter, I manage the beer-shop for her. On the 7th of August, Lutman came and asked me something, and I missed the till, which contained a five shilling-piece, two half-crowns, and the other money stated—it is lost altogether—I did not see the prisoner in the shop.
WILLIAM HORSNELL (police-constable G 172.) I apprehended the prisoner about six weeks after the robbery—I took him to the station-house—the witnesses came and said he was the man they saw come out with the till—when he first saw me he sat off running—I ran and caught him—he threw himself on the ground and said, "It was not I—it was not I"—I had said I wanted him for felony.
Prisoner. I did not run away—I said I would not go without he told me what it was for—I was in the country at the time of the robbery.
GUILTY.* Aged 19.— Transported for Seven Years.
ELIZABETH LANGLEY . I am the wife of James Lake Langley, a tailor, who lives in Church-street, Minories. I was in the shop on the 9th of October, and saw the prisoner looking in at the window for some time—he then went suddenly to the door and pulled this kerseymere down, and broke the chain it was fastened to—he ran away—I pursued, calling "Stop thief"
he threw the cloth down—I took it up, and he was brought back directly——he had carried it about a hundred yards—this is it—(looking at it.)
Prisoner. I had nothing to do with it, I was going home.
GUILTY.* Aged 14.— Transported for Seven Years.—Convict Ship.
FREDERICK HUGHES . On the 9th of October, I saw the prisoner remove some iron bars which had been left on the wall of a house at Paddington—she put them on the lead flat, and from thence to the back office—she then went away with them, about ten o'clock in the morning, and again about one.
Cross-examined by MR. DOANE. Q. Did you see her carry them out of the house? A. No, merely removing them.
WILLIAM PARSONS (police-constable D 182.) About half-past one o'clock, on the 9th of October, I saw the prisoner in the Edgeware-road, carrying some iron bars—I followed her to a marine-store shop, and she put them into the scale just as I came up—the scale was all ready for them—I asked her what she had got—she said it was no business of mine—I found it was these seven bars of wrought iron—she then said she had brought them from her master, and there were plenty more there which were of no use—on her way to the station-house she said her husband gave them to her, and then that she picked them up amongst some rubbish—here is 42lbs. weight of it.
GUILTY. Aged 25.—Recommended to mercy. — Confined One Month.
2589. LOUISA WADE was indicted for stealing, on the 11th of October, 1 sheet, value 3s.; 2 shirts, value 3s.; 1 shift, value 1s.; 1 bed-gown, value 6d.; and 1 pillow-case, value 6d.; the goods of James Sharp.
WILLIAM PARSONS (police-constable D 182.) I was on duty, on the 11th of October, in Old Church-street, Paddington, and saw the prisoner carrying this bundle—I asked what she had got—she said, "Nothing"—I said, "There is something," and asked her where she got it—she then said she brought it from home, and did not know what was in it, as it had been left there by some person—I found it was wet linen—I said she must go to the station-house, and on the way she ran off as fast as she could—I caught her again.
Cross-examined by MR. ADOLPHUS. Q. Did you not ask where her home was? A. Yes, at the station-house, and she told me.
Cross-examined. Q. Does the prisoner live in the same house with you? A. Yes—we were not on friendly terras lately—it was on Sunday night she was taken—we both washed in the same wash-house and the same copper—the prisoner's husband is very ill, and one of her daughters is an idiot—she is an industrious, hard-working woman.
(The prisoner received a good character.)
GUILTY. Aged 48.—Recommended to mercy by the Jury.
Confined Two Months.
EBENEZER MANNERING . I am a tailor, and live in Charles-street, Middlesex hospital. The prisoner was my errand-boy, and I trusted him to feed my pony, but as I suspected the pony did not get all the corn he ought, I watched the prisoner—he came in from an errand on the 12th of October, and I sent him with the usual feed to the pony—it was one quart of oats and chaff mixed—I followed him to the top of the mews where the stable is, and I shortly saw him come out with the basket on his arm, in which he had carried the feed—I followed him to his home, in Union-street—I then went back to the stable, and the pony had no corn in his manger—I took a policeman and went to the prisoner's—I there found the basket with some oats and chaff mixed, similar to what I had sent him with, and besides that I found a bushel of the same mixture.
Prisoner. He never allows the horse half food to eat—I have many times given him a quart of corn out of my own pocket—that he found was my father's—my mother said, "Why don't you give this to your master?"—I said I thought it would offend him. Witness. I allowed my pony two feeds a day, morning and night, and occasionally a third, according to his work—this is the second pony I have had, and they have fallen away.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Three Months.
GEORGE BURROWS . The prosecutor came to my father's house, and left his umbrella, and my mother sent me to look for him with it—I went out, and saw the prisoner—I thought he was Mr. Peach—I said to him, "Please, sir, have you forgot your umbrella?"—he said, "Yes, I quite forgot it," and I gave it to him.
MARY ANN NEWMAN . I am bar maid at the Black Bull public-house, at Kingsland. The prisoner came and offered me the umbrella—he said he found it as he was walking across the Down—I said it might have blown off a coach in the night—I bought it of him for 3s.
(The prisoner received a good character.)
GUILTY . Aged 31.— Confined Six Days.
GEORGE EDWARD EVERSON . I am a calico-glazer, and live in Weston-place, King's Cross; the prisoner was in my employ. On the 25th of September, I missed this calico, I accused him of taking it, and he left my house—I went with the policeman to the prisoner's lodging—he was not at home, but I found the property there—when I saw him again in the evening he said he was very sorry, and wanted me to let him go—this is my calico—(looking at it.)
Prisoner's Defence. I found my wages of 12s. a week insufficient to
support my wife and increasing family, and I endeavoured to get some tools to work at home—I took this piece home to try my tools—I did not intend to deprive my master of it.
GUILTY. Aged 25.—Recommended to mercy by the Jury and Prosecutor.
Confined Six Days.
Fifth Jury, before Mr. Recorder.
GUILTY . Aged 23.— Transported for Seven Years.
CATER pleaded GUILTY . Aged.— Confined Three Months.
PHILLIPS pleaded GUILTY . Aged.— Confined Twelve Months.
BRANCH* pleaded GUILTY . Aged 19.— Transported for Seven Years.
REYNOLDS pleaded GUILTY . Aged 21.— Confined Twelve Months.
ROSANNAH WALES . I am twelve years old, I live with my father, Henry Wales, a glover, in Providence-row, St. Luke's. On the morning of the 9th of October, the prisoner came and asked to look at a belt—I showed him one marked 2s. 6d.—he said he would give me 2s. for it—I could not take that—he then asked to see some satin stocks—I showed him one marked 7s. 6d.—he offered 6s. for it—I refused it, and on his going I looked it no the window near where he had been, and missed a dozen black kid gloves—I called the landlord's niece to mind the shop, and I went into the City-road after him—I saw him, and called "Stop thief"—he ran off—he was afterwards brought back—the policeman had one dozen of gloves in his hand, and another dozen were in the bands of Mr. Pett.
HENRY WALES . I am a glover, and live in Providence-row, St. Luke's, On the 9th of October, I left home about half-past ten o'clock in the morning—I left my daughter in care of the shop—about a quarter past twelve I found the door was closed, and she was gone to the station-house—on going to my window I missed three dozens pairs of gloves—they had been safe when I left—I went to the station-house and saw two dozen of my gloves there.
JAMES PETT . I live in Castle-street, City-road, and am a shoemaker. On the 9th of October I was in the City-road, and saw the prisoner walking gently along—he had his apron on his left-arm—I heard an alarm of "Stop thief," and saw Rosannah Wales running after him—he then went into the road—he dropped one parcel of gloves, which I took up, and a little further he dropped another parcel—I still pursued, and caught him in Tabernacle-row, without losing sight of him—he said, "Oh"—I saw the officer, who had a dozen of gloves with him.
and saw Mr. Pett calling "Stop thief," and running after the prisoner—I ran, and saw the prisoner drop a packet of gloves—MR. Pett took them up—I pursued the prisoner, and he dropped another packet of gloves, which I took up—I took the prisoner in Tabernacle-row, just as Mr. Pett came up to him.
(Property produced and sworn to.)
GUILTY .† Aged 16.— Confined Twelve Months.
2597. WILLIAM BATCHELOR was indicted for stealing, on the 10th of October, 1 counterpane, value 10s.; 1 table-cloth, value 5s.; 1 shirt, value 5s.; 1 night-gown, value 2s.; 4 gowns, value 2l.; 1 shift, value 1s.; 1 pair of stays, value 1s.; 1 shawl, value 4s.; 1 towel, value 1s.; 4 spoons, value 1l.; 1 brooch, value 10s.; 1 breast-pin, value 10s.; 3 ear-drops, 1l.; 1 pair of ear-rings, value 5s.; 5 rings, value 11s.; 20 planes, value 2l. 16s.; and 2 squares, value 9s.; the goods of William Griffiths.
MARY GRIFFITHS . I am the wife of William Griffiths; we live in Esher-street, Westminster; the prisoner occupied a furnished room of ours for ten weeks. On the 9th of October I missed from a box in my own bed-room the table-cloth and other articles stated in the indictment, which are worth about 10l. 15s.—I went into the prisoner's room and missed the counterpane from his bed—I spoke to the prisoner's wife, and she acknowledged that he had taken the counterpane—the prisoner did not return till half-past twelve o'clock at night, and I then gave him in charge—I missed twenty planes and some other tools, which have not been found.
(Property produced and sworn to.)
Prisoner's Defence. It was entire distress drove me to it—I had two children almost dying—I left a good situation to get into the Police, and had waited ten weeks for it.
MARY GRIFFITHS . I do not consider he took these for the support of his family—his wife's two sisters were the principal support of his family——he was generally out till twelve or one o'clock, and sometimes all night.
GUILTY . Aged 25.— Transported for Seven Years.
WILLIAM KNIGHTON . I am an oilman, and live in Leather-lane. I lost this brass cock and lead pipe on the 16th of October—the prisoner was brought to my shop by Mr. Hilliard, and I gave him in charge in consequence of what was stated—I had seen the cock and pipe fixed to my water-butt ten minutes before.
AMBROSE HILLIARD . I am a straw-hat maker, and live at the prosecutor's. On the 16th of October I went into the back yard, and saw the prisoner at the water-butt—he turned, came out of the street-door, and ran
away, and 1 after him—I took him in Hatton-garden, with this pipe and cock in his pocket.
JOHN BROOMHALL (police-constable G 192.) I took the prisoner, and produce the articles—a person could get into the prosecutor's premises by a private door, and the water-butt stands on the right hand.
GUILTY . Aged 20.— Confined Six Weeks.
HENRY DALE . I live at Hounslow. On the evening of the 5th of October I saw the prisoner in the Haymarket, between six and seven o'clock—we got into conversation, and went to a public-house, and had something to drink—I met with two other females—I and the three women went to a house in Coventry-court—we got into conversation together there, and after a few minutes the prisoner left the room—I had not given any of them money to get drink, but I gave one person a shilling for the room—soon after the prisoner had left I put my hand into my pocket, and missed two 20l. and one 10l. note, which I had taken of Mr. Jenkins—my notes were safe when I gave out the shilling, and the prisoner left the room in five or ten minutes—the women were in close conversation, but I do not know what might pass—I was not quite sober, but knew what I was doing.
JOSEPH BOTT JENKINS . I live in Angel-court, Throgmorton-street, and am a stock-broker. On the afternoon of the 5th of October I paid the prosecutor 50l. in two 20l. notes and one 10l. note—I put on the notes which pass through my hands the names of the person's from whom I receive them.
ROBERT BERNAND . I am in the service of a linen-draper in Leicester-square, about five minutes' walk from Coventry-court. On the 15th of October the prisoner came to our shop, about eight o'clock in the evening—I sold her a cloak, a boa, a piece of Irish linen, some silk, and other articles to the amount of 12l. 0s. 4d.—she paid me with a 20l. note, which I produce—I asked her name and address—she said Mr. Brook, Brompton, and I wrote it on the note—I gave her 7l. 19s. 8d. change—she then asked me to give her change for another 20l. note, which I declined—she then left the shop—I sent a porter with her with the goods.
WILLIAM GARRARD . I am an assistant in the same shop as Mr. Bernand., On the 15th of October I watched the prisoner from the shop to the Black Horse public-house in Coventry-street—she there got into an omnibus, which our porter put the parcel into—I got into the omnibus, and sat next to her—she went on to Knightsbridge, then got out, and went into a house—I went in after her—she then came back to town with the bundle—I followed her to St. James's-park, down Constitution-hill, and on to the Horse Guards—I spoke to a policeman, and we stopped her there—he asked if she had been to Leicester-square—she said "No"—he said she must go to the station-house—I followed her, and saw a piece of paper fall from under her clothes—I took it up, and it was a 20l. note—at the station-house she denied having any money but the change she had received—she gave up her pocket, and this 10l. note was found in it.
to me—I followed the prisoner to the Horse Guards, and took her—I asked what she had got, and where she was going—she said to her milliner's—I asked if she recollected changing a 20l. note—she said no, the goods she had she had paid for in gold—I took her to the station-house, and saw Garrard pick up a 20l. note on the road there—at the station-house the prisoner delivered up seven sovereigns, six half-crowns, one shilling, and one sixpence—she said she had more—the Inspector said she should be searched by a female—she then delivered her pocket, and in it was a 10l. note, a sovereign, and a fourpenny-piece—she said a gentleman named Marsh had met her by appointment at Charing-cross that afternoon at three o'clock, and given her the money, and that she lived in Mason-street, Lambeth.
MR. JENKINS re-examined. This 20l. note, produced by Bernand, is one of the notes I paid to Mr. Dale, and those produced by the officer are the other two.
Prisoner's Defence. I met the gentleman, and he asked me to go to a house with him, which I did; I do not know where; after I had been in the room some time, he put some paper into my hand, and said it was money, and he would meet me the following day at half-past six o'clock.
GUILTY . Aged 22.— Transported for Fifteen Years.
2600. HENRY WITHAM was indicted for stealing, on the 19th of September, 2 soldering-irons, value 4s.; 3lbs. weight of zinc, value 1s. 6d.; 1 screw-driver, value 1s.; 3 oz. weight of brass wire, value 3d.; 3/4lb. weight of copper, value 10d.; 300 nails, value 6d.; 8lbs. weight of metal, value 3s.; the goods of William Tucker, his master:—and MARY WITHAM , for feloniously receiving the same, well-knowing them to have been stolen; against the Statute, &c.
MR. JONES conducted the Prosecution.
JAMES SKIRROW . I am in the service of William Tucker, an ironmonger' at Brentford. The prisoner, Henry Witham, was in his employ for about twelve months—he worked on the premises—it was my duty to give him out materials to work on—he used his master's tools—this piece of metal which was bought by Mr. Solomon's nephew I believe belonged to Mr. Tucker—about three weeks previous I gave the prisoner a quantity of these metal spoons to melt down to solder, which he never produced—here are a pair of soldering-irons which were found at his house afterwards—he was authorised to take them away to do work with.
Henry Witham. Q. How do you know these spoons? A. I believe them to be my master's by their appearance—there is no particular mark on them—in my judgment they look like the same—I can swear to them from the make of them, and from the handles.
MR. JONES. Q. Is there any other piece of copper or brass that you can speak to with more certainty? A. There is not—only a screw-driver, which was found at the prisoner's house, with Mr. Tucker's initials on it—he had no right to take that without leave—we can hardly tell whether such is missing—we had such, and as far as my judgment goes, I believe them to be my master's—the prisoner has had frequently to go out to do work with this kind of metal, but he ought to have brought what he did not use back—I suppose this to be the same that was delivered to him—this piece
of brass screw was sold to Solomon, and I have the cap which fits it—I can swear I gave this to him to do a job with—he did the job, but did not bring the remains back—he had no right to dispose of any—I never saw Mary Witham there—she was not allowed to come.
GEORGE SOLOMONS . I am a dealer in marine-stores, at Brentford-end. Mary Witham came to my shop several times in March or April—I did not receive any of these articles from the prisoners, I never saw them.
JOHN SOLOMONS . I am nephew to George Solomons. Mary With am came to my uncle's shop several times—the first time was three or four months ago—she brought these articles there about five weeks ago, and proposed to sell them—I bought them of her for 1s. 3d.—she said her name was Mary James, and she lived in Windmill-lane, they were her own things—I took them to Mr. Tucker—I did not buy this piece of zinc of her.
JOHN HANSLOW (police-constable T 68.) On a Saturday evening, a short time ago, I went to Mr. Tucker's shop, he gave Henry Witham into custody—I went to the prisoner's house, and there apprehended Mary Witham—she answered to the name of Witham—I found there two soldering-irons, a screw-driver, 4lbs. of metal, some nails, and some zinc.
Henry Witham. Q. Were they locked up? A. No, I found some under some wood, some under the bed—the ban were behind the pig-sty, and one soldering-iron was under the grate.
NOT GUILTY ,
MICHAEL HAEFFELE . I am a tailor, in the employ of Mr. John Sewell, in the Commercial-road. On the 20th of October I heard a kind of rustling noise, as if something had been taken from the brass railing inside the shop, where we commonly hang clothes—I got up immediately, ran to the door, and saw a person like the prisoner with a dress like the one he has got on, making a kind of fastish trot—I pursued him—he was very busy, tucking something under his coat—I called out, "Stop him"—he seemed to go faster—he went down the first turning into George-street—I followed him, and calling "Stop thief," he ran quicker—I had slippers on, and I lost sight of him—I picked up the trowsers under the railroad arches, where I lost him, in going through a passage—he got through one of the arches—I saw nothing but his back—the prisoner has all the appearance of that person.
JAMES CREEK . I work for Mr. Ellis, a green-grocer in the Commercial-road—I saw the prisoner running in George-street, tucking something up like a pair of trowsers—when he came to the railroad he dropped the trowsers, and ran down the passage—I followed, and lost sight of him—when we came back, a person said, "There he goes," and we followed the prisoner down Queen-street—I overtook him, tapped him on the shoulder, and asked him to come back with me—he said, "No"—I said, "I will keep you till a policeman comes"—I kept him till a parcel of coal heavers came by, and one of them said, "Up with your hand, and give him a smack in the mouth"—I said, "No, he won't, nor you either"—they went on—the prisoner up with his foot, and kicked me in * * * *—a sergeant of police came, and he was taken—I went to the station-house with my hands on two boys' shoulders, and was examined by a doctor—he said if the kick had been a little farther it might have ruined me for life—I have not been able to work since.
(Property produced and sworn to.)
GUILTY.* Aged 19.— Transported for Seven Years.
JOHN SHURGLE . I live in Carnaby-street. On the 23rd of October I met the prisoner in Holborn, and went with her to a room on the ground-floor of a house in Vine-street, Bedford-square—I had a silver watch in my waistcoat pocket, and a guard-chain round my neck when I went into the room—about ten minutes after I missed them, I called the police—he came directly, and took the prisoner to the station-house—my watch and chain were brought to me by the female searcher—I also lost a half-crown and 2s. from my coat pocket, and 6d. from my trowsers.
Prisoner. You gave me the watch to keep till the morning. Witness. No, I did not—I threatened to beat her brains out on the floor if she did not give me the watch—I called the police, when she would not give it up.
JOHN KEY (police-constable G 196.) I heard a call in Vine-street—I went into the room en the ground-floor—I found the prosecutor and the prisoner—the prosecutor charged her with taking the watch—she said she knew nothing of it—I took her to the station-house—the female searcher was employed, and I saw the watch produced.
MARY ANN REDMAN . I am the wife of Henry Redman. I searched the prisoner between four and five o'clock en Friday morning, and found a silver watch and guard, and 3s. 6d. and 1 1/2 d. in money—the watch was under her arm—she kept her arm very tight—I undressed her, and did not find it—I still thought she had something about her—I gave her pocket, and then I saw her arm was tight—she was telling me a story of another girl that was with her who had the watch, and that she had not got it—I took up her arm, and said, "Here is the watch, how can you tell me such a story?"
Prisoner's Defence. I had it in my bosom; he gave me 1s., and said he would pawn the watch in the morning, and give me more; I had the half-crown myself; he only gave me 1s.
GUILTY . Aged 22.— Transported for Ten Years.
PEARSON pleaded GUILTY . Aged 20.— Confined Three Months.
NIXON pleaded GUILTY . Aged 14.— Confined One Month.
MARTHA CHAPMAN . I am servant to Samuel Preston Child—he lives at Clapton. On the 12th of October I hung out some clothes to dry in a field—there were amongst them some silk handkerchiefs—in the evening I took the things in—when I went to fold them I missed some handkerchiefs—in consequence of information which I received from the police, I went to Worship-street, and there saw two of the handkerchiefs, which were worth 5s. or 6s.
last, and asked if he knew what 1 was come for—he said, Yes, handkerchiefs, he supposed—I am sure of that—as we were going to the station-house, he said he was going with Pearson and Nixon into the country to pick blackberries, when they came to a gentleman's lawn, and saw these handkerchiefs on it—that he went in with Pearson, that he took two of the handkerchiefs off the line himself, and Pearson took the other, and Dixon remained outside in the road to watch—I took Dixon—he laid that they had pawned the two, and sold the other in Petticoat-lane, and received 1s. 8d. a-piece—he described the place, which was the premises of Mr. Child.
MILLS— GUILTY . Aged 12.— Confined One Month.
GEORGE CORNER . I am assistant to Mr. Thomas Vesper, a pawnbroker, in Sydney-place, Commercial-road. On the 21st of October I was behind the counter, and heard a cry of "Stop thief"—I went out at the side door, which opens into Exmouth-street, and saw the prisoner running away as fast as he could—I stopped him with the assistance of another man in the street—he inquired for his basket—I said I had not seen it—he asked me to look after it—I inquired, and could not find it—as I was bringing him along I saw Jesse M'Pheraon—she pointed to the curb, where I found this coat, close to the shop door.
JESSE M'PHERSON . I live with my father, in White Horse-street, Stepney. I keep a fruit-stall at the comer of Exmouth-street—on the 21st of October I was sitting at my stall opposite, and saw a man take a coat from a chair outside the prosecutor's shop—when I sailed to him he threw it down on the curb—I called, "Stop thief I"—I after that told Mr. Corner where it was, and he got it.
(Property produced and sworn to.)
GUILTY . Aged 20.— Confined Three Months.
WILLIAM MAKEPEACE . I am in the employ of Edward Boyle, a linendraper in Farringdon-street. From information I received, I went out in the evening of the 22nd of October to Plumtree-court, and followed the prisoner to Shoe-lane—I overtook her with this calico in her arms—it is Mr. Boyle's—I had not sold it—I saw it safe a few minutes before, hanging on the door-post—I did not see the prisoner, in the shop—when I came to her it was partly on the ground.
Prisoner. Q. You did not see me take it? A. No—you said, "Keep quiet, I will not do anything of the sort again"—you had it in your possession at the time, and part of it hanging on the ground.
Prisoner's Defence. It was not taken from me—a person passed me with something, and this gentleman ran past me—he turned and said, "You have got my calico"—I turned and saw something on the ground.
GUILTY . Aged 28.— Confined Three Months.
OLD COURT.—Monday, October 26th, 1840.
First Jury, before Mr. Recorder.
GUILTY .* Aged 13.— Transported for Seven Years—Penitentiary.
ELIZABETH RAY . I am the wife of James Scott Ray, of the Dolphin public-house, Wapping. On the 5th of October, between eleven and twelve o'clock, I was coming over Old Gravel-lane bridge—there was a ship coming into the docks at the time, which delayed my crossing—I saw the prisoner near me, and moved from him several times—he followed me in a minute or so—the last time I moved, I went some distance from him—he came again, and I asked what he wanted so close to me, did he know me—he said, he did not want any thing of me—I said, "I think you are a young pickpocket," and gave him a bard slap of the face, and told him to get farther from me, for I had got no pockets, nor yet holes for him to pick—on looking round, I found I had got a hole in the side of my gown—Mary Sergeant spoke to me, and said I had got a very large pocket hole—the seam of my gown was unpicked, it was not injured—a gentleman brought the prisoner back, and a policeman took him—I saw him searched, and two shillings and three sixpences were found on him—one of the six-pences, in particular, I had remarked in the morning—it was what I call a duberous one—I bit it, thinking it was a bad one—I could not tell to a shilling or two what I had in my pocket, but I had between 2l. and 3l.—I can swear to the sixpence—(looking at it.)
Cross-examined by MR. PAYNE. Q. Was it in consequence of Sergeant speaking to you that you discovered your gown was cut? A. Yes—the gentleman brought the prisoner back hardly a minute after—I think I missed about 7s. or 8s. altogether—3s. 6d. only was found on the prisoner.
MARY SERGEANT. I am the wife of Henry Law Sergeant, and live in Anchor and Hope-alley, Wapping. I was on Old Gravel-lane bridge, and saw the prisoner go up to the prosecutrix three or four times—she tried to get rid of him, but wherever she went he followed her—I pointed out to Mrs. Ray the hole that had been made in her gown.
WILLIAM GOLDWIN (police-constable K 409.) I received the prisoner into custody, and asked him what money he had about him—he said, 3s. 6d.—I was then about to search him, when he held it out in his hand—I asked him where he had got it from—he said he had been to borrow it in Cannon-street-road for his mother to go to market—the prosecutrix immediately said, "How can you say that? that is my sixpence, I swear, "pointing to one she called a scrupulous one—I asked him where he had borrowed the money—he said he did not know where, nor of whom—I did not find any knife on him, I found a key—at that time the bridge was open, and if he did it with a knife there was an opportunity of getting rid of it.
Cross-examined. Q. He was handed over to you by a gentleman? A.
By Mrs. Ray—a gentleman who stood there, who, I understood, had brought him to Mrs. Ray.
GUILTY .* Aged 15.— Transported for Ten Years.— Recommended to the Penitentiary.
GEORGE CORNER . I am assistant to Thomas Vesper, a pawnbroker, in the Commercial-road. On the evening of the 15th of October I was standing against our wall in Exmouth-street—I saw Gilchrist there with two others—one of them had a stick, and tried to take a gown off the tressel, but did not succeed in getting it, and went and talked to the other two—I then saw Gilchrist come and stand about the door—he afterwards returned, then came and took a dress away, and passed it to one of the others—the two ran away—Miller answers the description of the man that came up the street, but I had not an opportunity of seeing him distinctly—when I saw Gilchrist take the dress I walked directly after him, and collared him—he asked me what I wanted with him—I said that was an after job—he tried to knock me down—we both fell, and laid on the ground till we were picked up—I had hold of his collar—I was not more than three yards from him when he took the gown—I could not mistake him, and never took my eyes off him—he had got five or six yards from me before I seized him—I distinctly swear to him.
Gilchrist. I was about five yards from the tressel; I never touched the gown; he knocked me about, and said I must come with him; I went into the shop; they brought in Miller, and accused us of stealing the gown; he told the policeman he did not find the gown on me, and he said at the station-house it was left in the shop, and at the office he said one had given the gown to another. Witness. It is untrue; I did not go into the shop; I gave Gilchrist to our other assistant, and went over the road in the direction the girl ran who went after one of the others—I came up to Miller, who was saying, "There he goes;" the girl said he was the man; I caught hold of him, but he got away from me.
JESSY M'PHERSON . I live in White Horse-street, Stepney; I have a fruit-stall at the corner of Exmouth-street. On the evening of the 15th of October I was at my stall, and saw three men pass me—the two prisoners were two of them—I am sure of them—I saw them at the toll-bar—I heard an alarm of "Stop thief" given by George Corner—I saw him in a scuffle with Gilchrist—Miller at that time was coming towards the Commercial-road—I laid hold of him—he said, "There he goes, it is not me"—at that time there was no person in the street, at that spot, except the two prisoners, the third man in their company, and Corner—the two prisoners and the other stood together about ten minutes before the gown was taken—Miller got away from me—he was stopped in John-street—I am sure he is one of the three men.
Cross-examined by MR. PAYNE. Q. How far is your fruit-stall from the toll-bar? A. About twenty yards—it was getting darkish at the time this happened—I did not see anything taken-after Corner called "Stop thief," I saw Miller walking along towards the Commercial-road—the others went down the street-Miller was walking along towards the Commercial-road when I first saw him—he was going down John-street,
which is a long street—the things are hung up at the side of Mr. Vesper's door—they can be taken without going into the shop—Miller stopped of his own accord.
Gilchrist. It was very dark at half-past six o'clock. Witness—It was not so dark but what I could see—there was a lamp a little way off and there is a gas-light at Mr. Vesper's house.
ANDREW BAXTER . I am a baker, and live with my mother in Lucas-place, nearly opposite Mr. Vesper's. I was sitting in the shop about half-past six o'clock on the 15th of October, and heard a cry of "Stop thief"—I ran out, and saw Miller standing by a post, about forty or fifty yards from Mr. Vesper's door, in sight of it, nearly opposite, the distance across the road—M'Pherson was standing before him—she said, "That is one"—I laid hold of him—he said, "I am not the one, there he goes"—I looked down the street, but saw no one.
Cross-examined. Q. How far was he standing from the toll-bar? A. About one hundred yards.
HENRY ATTWOOD . (police-constable K 61.) The prisoners were given into my custody at Mr. Vesper's shop. When Gilchrist saw me he stood up and said, "Come up, policeman, and search me; I have got no gown about me"—I searched them both, but found no gown—I found a silk handkerchief on Miller—I asked if it had a mark—he said "No," but I found the letter J and a star at the corner—Miller said, "I am not the man, and all the people round say it was not me."
GILCHRIST*— GUILTY . Aged 19.— Transported for Seven Years.
MILLER— NOT GUILTY .
DAVID GLADDING . I live in James-place, Hoxton, and am a hearth-rag manufacturer. The prisoner was two months in my service—my wife gave her notice to quit—her time expired on Monday, the 12th of October, and that morning I missed a 10l. Bank of England note from my pocket-book in my coat pocket, which hung in my bed-room—I had seen it safe on Saturday night, about ten o'clock—I told the prisoner I had lost 10l. and asked if she knew any thing about it—she denied it—I afterwards went to Mr. Carmac, a neighbour, with the prisoner, and he said in her presence that he had given her change for a 10l. note in my name—she denied it positively—I gave her in charge.
Cross-examined by MR. JONES. Q. Had you a character with her? A. No, we did not apply for one—she had been out of place about six weeks, and lived previously at Kensington—I had put the note into my pocket-book at ten o'clock on Saturday evening, when I was in the warehouse—I did not look for it again until the Monday—I had no notes loose in the bed-room at any time—I got the number of the note from the bankers', but the clerk is not here.
THOMAS CARMAC . I keep the Ivy-house public-house, Hoxton, about sixty yards from the prosecutor's. The prisoner came on Monday, the 12th of October, about eleven o'clock, and asked for change for a 10l. note for Mr. Gladding—I wrote Mr. Gladding's name on it, and gave her ten sovereigns for it—(note produced)—this is it—she was brought to me in about a quarter of an hour, and denied having been to change one—I had
known her for two months as Mr. Gladding's servant—she came to the house two or three times a day.
HENRY LAMBERT . (police-constable N 2.) I received charge of the prisoner—on the way to the station-house I told her what Carmac had said—she denied having changed the note—next day I was in the prosecutor's house, and in the coke-cellar, under a heap of dust, I found ten sovereigns wrapped in two pieces of paper.
GUILTY. Aged 19.—Recommended to mercy. — Confined Twelve Months.
SARAH COX . I am the wife of Edward Cox, a plumber and glazier, at Stoke Newington. On Friday, the 16th of October, I went to the street-door to take in some bread—my daughter Sarah, who is a year and a half old, followed me to the door and went down the step—I left her there for about two minutes, and then her necklace was gone off her neck—I saw no person near the door—I went down the street, and saw Walters walking away—Agar and Sugg fetched a policeman, who took Walters into custody—the necklace was three rows of coral, and was clasped securely round her neck.
GEORGE AGAR . I am thirteen years old, and live in High-street, Kingsland. On the 16th of October, as I was going into my school, opposite Mr. Cox's house, I saw the two prisoners coming up the lane—the child came a little way from the door to play with some more children—Reeves crossed over towards the children, and Walters went a little way farther, and stood still looking over towards the fields—he could not see what Reeves did—Reeves patted the little baby on the back, and pulled the snap of the necklace round to the back, he then unsnapped it and put his hand into his pocket with the necklace, he then went towards Walters, who was waiting for him, tapped him on the shoulder and said something to him, and they walked away together—I told the children what had happened, and a little girl cried out—Reeves then ran away as fast as he could, and Walters walked quite fast in the same direction—MRS. Cox came out, and I told her.
Walters. Q. Did you see me come down the lane with Reeves? A. Yes—you were talking to him.
WILLIAM SUGG . I am eleven years old. I was at play with Agar before school-time, and saw the prisoners coming up the lane—they passed the school—MRS. Cox went in-doors with the bread, and Reeves crossed over, stood a little while, and then tapped the little girl on the shoulder, put his hand into his pocket, pulled it out again, then pulled the beads round behind her neck, unsnapped them, took them off, and put them into his pocket—Walters went on to the end of the school, and stood still, looking over towards the fields—he was about thirty yards from Reeves—Reeves joined him, and tapped him on the shoulder, said something, and they walked away together—the little girl raised an alarm, then Reeves ran and Walters walked away quite fast.
WILLIAM HORSNELL (police-constable G 172.) On the night of the 18th I took Walters into custody—I went to No. 5, West-street, Field-lane, after locking him up, as he had given that address among other places, and I found Reeves there, and took him in charge with two females.
Walters. I did not tell him where I lived. Witness. He first told me he lived in Wentworth-street, Whitechapel, and afterwards said No. 5 West-street, Field-lane.
Walters. It was not me, it was a person who he had given some beer to. Witness. Walters told me that address—I know the prisoners both live in one room together, and each of them have a girl, one of which girls is now for trial in the other court—I found ten or a dozen bad girls in the house.
Reeve's Defence. I was not with Walters.
REEVES— GUILTY . Aged 19.
WALTERS— GUILTY . Aged 18.
Transported for Ten Years.
(There was another indictment against Walters.)
2611. SARAH ANDERSON was indicted for stealing, on the 14th of October, 1 watch, value 2l.; 1 purse, value 3l.; and 23 sovereigns; the property of Charles Andrew Pike, from his person: and MARY CRAMER , for feloniously receiving 1 sovereign, part of the same, well knowing it to have been stolen; against the Statute, &c.; to which Anderson pleaded
GUILTY . Aged 18.— Transported for Ten Years.— Recommended to the Penitentiary for Eighteen Months.
MR. PHILLIPS conducted the Prosecution.
CHARLES ANDREW PIKE . I am a solicitor. My birth-day was Wednesday, the 14th of October—I had taken liquor on Tuesday night, and was overcome, but it was more through fatigue and excitement during the day—the last thing I remember, was going to my wine-merchant to order some wine for a party, between seven and eight o'clock in the evening—next morning I found myself in bed in a brothel kept by the prisoner Cramer—I had the night before twenty-three sovereigns, to the best of my recollection—I am sure there was more than 20l.—in the morning my money and watch were both missing—I dressed, and went down stairs, and saw a female standing by the fire—Cramer came in shortly after—I asked her name—she said "Mary Cramer"—I asked her what place I was in, where it was, and what was the situation—I did not know the street I was in—I do not remember what she said—I said I should step out for a few minutes, and be back again—I did so, and returned with a policeman, and saw her still there—the policeman told her I had been robbed, and wanted to know what had become of my money and watch, and who the girl was who had brought me there—I believe she denied all knowledge of it—she said she did not know who the girl was—to the best of my belief, she was asked who the girl was that brought me there, but I was in a good deal of confusion at the time—the policeman knows what passed.
THOMAS CUMMINS . I am a policeman. I went with Mr. Pike to Cramer's house, saw her, and said, "What has become of this gentleman's watch and money?—she said, "I do not know"—I said, "Do you know who the girl is, or where she lives that brought him here?"—she said, "I do not know, she is a stranger to me, I took no notice of her; she gave me 1s. and went to bed; I did not know she had left, till the gentleman came down in the morning"—Flannary, who was there, said, "You know the girl very well, she lived with you"—"Oh yes," she said, "I do, her name is Sarah, I know her grandmother, who lives somewhere near Rosemary-lane—I went to Brunswick-street, and took Anderson—that was not from any thing Cramer said—Cramer and Anderson were not together in my
presence—I delivered them into the custody of Wigley, another officer.—I kept the prisoners apart, and never heard any conversation between them.
EDWARD WIGLEY . I am a policeman. I had the prisoners in custody—Anderson made a confession to me, by which I got fourteen sovereigns and a watch, from the yard adjoining the premises, No. 3, Brunswick-street, half a mile from Cramer's house—I took Cramer in custody to No. 2, Brunswick street, and heard Anderson say, in Cramer's hearing, "It is no use ray denying it, I have thrown it over the adjoining yard"—Cramer said, "You fool, you have done it now"—I was not present at any other conversation which Cramer heard—I found the money: and watch in the adjoining yard—I never saw the prisoners together besides, except at the Magistrate's—Anderson said something to Cramer going to the office, but I could not distinctly hear it—I did not hear Anderson say any thing to Cramer about the robbery—I have told all she said when I found the money—I did not hear Anderson tell me any thing about the robbery in the presence of Cramer, no more than saying she bad thrown the watch into the adjoining yard—I never represented that I was present at another conversation—I never told the prosecutor so.
THOMAS MAJOR . I am shopman to Mr. Appleton, a grocer, in Cable-street, st. George's. On Wednesday morning last, about seven o'clock, Cramer came to the shop, bought some goods, and gave me one sovereign—I gave her 19s. change.
MART ANN NEWMAN . I am searcher at the station-house—I searched Cramer—I found 13s. 3d. and eight duplicates on her, for things pawned the previous evening for 2s.—I asked her how much money she had in the purse—she said 14s., which a young man bad brought her home overnight—I told her there were but 13s.—she said, "Then I must have spent 1s.; do not give it up to the sergeant"—I said I must—she said that was too bad—Anderson made a statement to me, but Cramer was not present.
MARY FLANNARY . I live in Mill-yard. I saw Anderson go into Mrs. Cramer's house with the prosecutor, who was very tipsy—I was present in the morning, when Cramer was asked by the policeman if she knew the girl—she said she did not know her—I said, "Yes, you do know her, for she lived in your house only a month ago"—she said, "Yes, her name is Sarah, and I know her grandmother"—I was not present when the prisoners were together.
CRAMER— NOT GUILTY .
THOMAS HOW . I am a tailor, and live in Berwick-street, Soho. The prisoner was apprenticed to me on the 14th May. On Saturday, the 17th of October, in consequence of suspicion, I examined his bed-room, and found sundry bits of silk in his drawer, and between the bed and mattress two yards of superfine cloth—he was not in the room at the time—I found some trowsers, partly made, in his box—I know the cloth by a number on it, and it corresponds with the piece it was cut off—when he came in I said, "Joseph, I have found in your box a pair of trowsers"—he said, "Yes"—I said, "Where did you get them?"—he said, "My father gave them to me a week or two ago"—I said, "Well, I have found some cloth under your bed"—he said, "Yes, my father gave that to me a
week or two ago, for a coat and waistcoat"—I found some buttons and canvas afterwards—I gave him into custody after I had seen his father—he then cried and begged pardon, and said he would never do so any more.
Prisoner. The trowsers are my own; I know nothing about the cloth at all. Witness. He said his father gave it to him—he made his own bed—nobody goes into his room.
Prisoner. I said the coat-cloth belonged to my master.
(The prisoner received a good character.)
GUILTY. Aged 15.—Recommended to mercy. — Confined Six Months.
ROBERT M'NEAL . I am foreman to Abraham Davis, a glass and chinaman, in High-street, St. Giles's. The prisoner was his errand-boy for about five weeks. On the 12th of October I watched him while I was shutting up the shop—he was going home, and I saw him about the shop—I went down High-street and watched him, and as I was coming out of a passage he ran up the street—I went to St. Giles's church, came back, and saw him come out of our passage—I said, "You villain, I have caught you now"—he said, "Robert, take them out of my pocket"—I took him back to the house, the constable was sent for, and four salts and a tumbler were found in his pocket—they were my master's property, which had been on the show-board—he had taken them out, and put them in a dust-hole in the passage, and then brought them away—I had missed them before he left—I had found them there, and let him go to it to fetch them—I believe it is his first offence.
GUILTY . Aged 16.— Confined Three Months.
JOSEPH WOODWARD . I am a corn-dealer, and live in Winchester-place, Gray's Inn-road. On the morning of the 7th of October I was passing from the stable-yard, by the side of my house, and saw the prisoner running away from the door—he was close to the step when I first saw him—he had a bag of oats on his shoulder—he ran round Manchester-street—I followed him right across the street, behind Zion-house, into a doorway—I went back, and afterwards saw him run again—I stopped him, and brought him back—he said he had bought three pecks of oats at my house—I gave him in charge, and measured the oats, there was 2 1/2 pecks—I had such oats in the first bin from the shop-door—I called the woman down who attended to my shop—she said, in his presence, she had not sold any all the morning—he said he had paid a half-crown and sixpence for them—that is the price of three pecks.
Cross-examined by MR. PAYNE. Q. Had he not two coats and some leggings over his shoulder? A. Not that I noticed—I will not swear that he has not laid out from 6s. to 7s. a week at my house for the last six months—I did not spill the oats when I measured them—I might have
spilt two or three grains, but not more—I measured them, I believe, in the constable's presence—the prisoner is a cab-driver, I believe—when I first asked him where he got them he did not give any answer, and pretended to be intoxicated—I thought he was so, but at the station-house he was quite sober—I have compared the oats with the bulk, and they correspond.
MARY BENTIN . I am in the prosecutor's service. Between nine and ten o'clock in the morning I was called down stairs into the shop, and saw the prisoner in custody—MR. Woodward asked if I had taken any money of him that morning—I said I had not seen him that morning.
Cross-examined. Q. Had you ever seen him at the shop purchasing? A. Yes, he came almost every morning for several months for half a bushel—I had served one young woman about eight o'clock, that was the only customer—the shop was opened about seven—nobody but me serves—I was up stairs cleaning) and left master and a man in the shop—the man it not here.
Cross-examined. Q. Had he not more money at first about him? A. No, his sister vent to the door of the station-house, and he gave her a greatcoat—he did not give her any money in my presence—he might without my seeing it.
(The prisoner received a good character.)
GUILTY. Aged 29.—Strongly recommended to mercy. — Confined One Month.
THOMAS WITHERS (police-constable N 211.) On the 21st of October I saw the prisoner in the Lower-road, Islington, loitering about the prosecutor's shop, I saw her run away, stopped her and found these shoes under her shawl—there was another girl in her company—I had watched them for about five minutes.
SARAH FOSTER . I am the wife of John Israel Foster, who keeps a shoe-shop in Lower-street, Islington. These are our shoes—they were hung on the ledge of the window, which was open—the prisoner came into the shop to ask the price of a pair of shoes, and went in front as she came out, and took them.
GUILTY . Aged 16.— Confined Three Months.
HENRY MAJOR . I am an ironmonger, and live in St. John-street, Clerkenwell. On the 16th of October I was in my shop—I went down stairs and returned in a minute, and saw both the prisoners in the middle of the shop—Bailey was leaning over a bench where there were four bottlejacks, and before I had time to notice the other, Bailey ran out of the shop—I missed one bottle-jack off the bench—they were close together in the shop, and both ran out—when Rogers got down the step, he attempted to return, but I had then got up to him and collared him, and he threw a jack from him—I kept him in custody, and Bailey was brought back—I gave them both in charge—this is the jack.
Cross-examined by MR. PAYNE. Q. Who brought Bailey back? A.
young man named Reid, who is not here—I had never seen Bailey before.
Rogers's Defence. I had not got into the shop before he knocked me down.
(Bailey received a good character.)
ROGERS— GUILTY . Aged 18.— Confined Three Months.
BAILEY— GUILTY . Aged 18.— Confined One Month.
2617. JEREMIAH MURPHY was indicted for stealing, on the 20th of October, I counterpane, value 4s.; 3 table-cloths, value 5s.; and 1 gown, value 5s.; the goods of Johannah M'Carthy; and 1 pail, value 6d.; the goods of Edward Dear.
JOHN M'CARTHY . I am a widow, and live in Charles-street, Hatton-garden. On the afternoon of the 20th of October, I missed these articles, which were wet, and in two tubs—I had left the counterpane on a board at twenty minutes to one o'clock.
ANN DEAR . I am a daughter of the last witness. About one o'clock on the 20th of October, I was looking out of the second-floor window, and saw the prisoner lift up the cellar flap and come out with the pail on his shoulder—he went towards Hatton-garden with it—I saw him plainly—I did not see his face—I know him by his appearance and dress.
JOHANNA DONOVAN . I am a widow, and lodge at No. 134, Great Saffronhill; the prisoner lodges in the next room to me. On Tuesday, the 20th of October, I saw the blue counterpane, three table-cloths, and a gown, up stairs in the prisoner's room—I saw him bring a pail up before that, but did not know what was in it—I afterwards saw his wife washing the things, and he was in the room.
Prisoner. They were found in the back yard, not on my premises.
GUILTY. Aged.—Recommended to mercy. — Confined One Month.
RICHARD ELDRIDGE (police-constable E 163.) I saw the prisoners together on the evening of the 20th of October, about half-past six o'clock, near the prosecutor's shop—I saw Hughes peeping into the shop several times—I watched them and saw Hughes try to take some tea-trays down from outside the window—they then passed, and he stooped and took up the tea-kettle—he went a few steps with Hale, and then gave him the kettle—they parted and started off—I pursued and caught Hale, and took the kettle from him—he said he had never stolen any thing before—when Hughes was taken he said he had picked it up in the road.
HUGHES— GUILTY . Aged 16.
HALE— GUILTY. Aged 14.Recommended to mercy.
Confined Six Weeks.
SARAH BAKER . I am niece of Joseph Newcombe, who keeps the Nag's Head public-house, at Hounslow. On the 17th of October, about three o'clock, I saw the prisoner leave the house and turn down the Lion' and Lamb yard—I had left the bar to go up stairs, leaving a key in the drawer, which had a bowl with 6s. or 7s. in it—on going back I found the drawer open, and the bowl and silver gone.
ANN BEALE . I am the wife of Moses Beale. On the 17th of October I saw the prisoner with another, at Hounslow—he stopped at my door; which is next to Newcomb's, and asked me for some bread, as he was distressed—he then went into Newcomb's, and came out directly with something in his left-hand, which he tried to conceal—he ran away as fast as he could down the Lion and Lamb yard—I saw him come out of the yard and ran down the street without any thing in his hand—I gave an alarm.
WILLIAM STEVENS . My attention was drawn to the prisoner, who was walking very fast—I followed, and saw a gentleman's servant on horseback—I asked him to give information at the station-house for them to stop him, and I followed him—he was secured and taken to the station-house—I searched the Lion and Lamb yard, and found the bowl thrown over some palings into the next yard.
JOSEPH BAKER . I am a policeman. I took the prisoner into custody—I found on him 2s. 6d. in silver, and a halfpenny in copper—the bowl was produced, and as we went to the station-house he asked me what I thought he would get—I said, "Perhaps two or three months"—he said he should be glad if he got off with three months.
Prisoner. I said I should be glad if I got off with three months, though I was innocent. Witness. He said he was innocent—he said he was sure he did not take the bowl.
GUILTY . Aged 19.— Confined Three Months.
GUILTY . Aged 56.— To enter into his own recognizances to appear for Judgment.
2621. JAMES LAMBERT was indicted for assaulting Rosa Ann Combes, on the 9th of October, putting her in fear and danger of her life, and taking from her person, and against her will, 1 sovereign, 1 half sovereign, 3 half-crowns, 2 shillings, and 1 sixpence, the monies of Thomas Combes; and at the time of the said robbery felonionsly beating and striking her.
ROSA ANN COMBES . I am the wife of Thomas Combes, and live at No. 27, Grove-street, Commercial-road. I had a quarrel with the prisoner's wife and a woman named Newman, and in consequence of some violence of which I complained, the case was tried at Hicks's Hall, on the 9th of October—it was settled, by leave of the Court, on the payment of 2l. to me—the prisoner went and got the 2l.—I was ordered to remain in court for my protection, as I was afraid to go out after what they said—I reached Home about one o'clock in the day—the prisoner and his wife, and Mrs. Newman lived opposite to me—they came home in a hackney-coach—
the prisoner came over with his wife and three other women, who had been to the Court as witnesses, and knocked at my door—I opened it—he said, "I want my money"—I said, "What money?"—he said, "I want my money, you have been receiving blood-money in the Court, and I will have it"—I said, "I have not been receiving blood-money, it was for the breaking of my arm"—he said, if I would not give it him he would tear me in pieces—I said my arm had been broken, and I would keep it—he said he would have it, otherwise he would have my life, and he made a great disturbance round the door—I sent for the police to protect me, and when they came I showed them the money I had received—the prisoner did not strike me then—his wife struck me in the passage on the forehead, but nothing to speak of—he said, "Give it her—I am your bail, and I will forfeit your bail if you give her a d——d good hiding"—I then went out—the prisoner, his wife, and the three other women followed me, and said, "Are you going to give us the blood-money?"—I said, "I will not give it you—it is not blood-money"—he said, "Mind, you shall retract my money, and if not I will give you in charge for robbery"—he then gave me a blow in my mouth, and made it bleed—I was afraid, and put ray hand into my pocket, and gave him the money—I then went home crying—I got a cab, and went back to Hicks's Hall, and stated what had passed to the Chairman—it was five or ten minutes to four o'clock when I got there—he said he was very sorry, and told me to go to the Thames Police, and I should have a little recompense made—I asked him if he would be kind enough to give me a note—he said, if my word was doubted he would not only give me a note, but he would go himself, for he saw the money given to me—I went to the Thames Police at ten o'clock next morning—I was too ill to go that day—I believe the prisoner was in liquor at the time—I gave him the money after he had given me one blow—having been laid up some weeks with a broken arm, I was really afraid of being torn to pieces—the words he used to me are not fit for a woman to mention.
Cross-examined by MR. BALLANTINE. Q. Have you resided in that neighbourhood long? A. Nearly two years—I was born and bred a Jewess, but was married in the Church of England fourteen or fifteen yean ago, and I have always taken my oath as a Christian ever since—I always swear by the book with the cross on it—at the Thames Police they gave me the Old Testament, but the Magistrate said, "No—she was married in the Church of England, she shall swear on our book"—I have not had many occasions to swear—I never took a false oath—I have sworn against persons who have robbed me—I charged a person with stealing some beads off my child's neck—I got them back again—the person was discharged—I charged a person with stealing my husband's coat—he was discharged—I was the prosecutrix in the case—the man's name was Charles—I forget his other name—I charged a woman named Ann Johnson, who washed for us, and ran away with the linen, but my mother would not persevere in it, and she was discharged—that is about a month or six weeks ago—my arm was broken at that time, and was in a sling—I sent for the police before I was struck in the mouth by the prisoner—there was a great crowd and a great noise and confusion before the house—two policemen came—the first one came up after the prisoner's wife had struck me on the forehead—there was no policeman by at the time the prisoner struck me in the mouth, but I called one, who came while my mouth was bleeding—he said he could not take him without he saw the blow, and he
said, "You have not been robbed of the money—you gave it to him—you should not have given it to him—you must now go and get a warrant"—that policeman is not here—I do not know his name—when the prisoner got the money he showed it, and said, "This is all I want, now I have got it"—I do not know M'Kenzie, a Thames police-officer—I cannot tell the name of the officers I saw at the Thames Police—I recollect one officer, a thin man, asking me what charge I had to make, I told him, and he said, "Why it is a robbery—the money was yours"—I told him a woman had struck me, and stolen my hospital paper, and I wanted to have a warrant for her too—my hospital paper was taken from me that same day by one of the women who had been to Hicks's Hall as a witness—she said I had been receiving blood-money—I said it was not blood money, it was for the broken arm—she said, "Then if you are the injured woman, show your hospital paper"—I did so, and she tore it out of my hand, and said, "Now you can't have that to show any more," and I have not been in the hospital since—my arm was broken, and my hospital paper would prove it—I do not charge the prisoner with taking that—I told the officer that the prisoner had stolen my money and assaulted me—the officer I told was my uncle Blaby—I do not know that he is here.
Q. When you went to the Thames Police on Saturday morning, and were asked what charge you had to make, did you say a single word about the money being taken away from you by the prisoner? A. Yes—that is what I went for—I said so to the man who asked me what I came for—I was asked by a great many what I wanted—I am sure I mentioned that I had a charge to make against the prisoner.
MICHAEL DONAHUE (police-constable H 152.) I saw a mob in Grove-street, opposite where the prisoner and prosecutrix lives—I went up, and tried to disperse them—the prosecutrix showed me some money, and said, "This is the money I had given to roe, through breaking my arm, and they are kicking up a row with me, because they want it back again"—there was two pieces of gold and some silver, but I did not observe how much—Ingle came up, and I went away.
Cross-examined. Q. Was she showing the money, and boasting of it? A. Not in my presence—she was not showing it to the persons about, and saying, "This is the money I got for my arm being broken"—she stood in her own doorway—no one was doing any thing to her then—there was a parcel of people at the other side of the street, scolding her—I did not see the prisoner.
CHARLES INGLE (police-constable H 186.) I relieved Donahue in Grove-street on the Friday—there were several people collected in the street—about ten minutes after I had relieved Donahue, I saw the prisoner come home to his house, he was walking—the prosecutrix was inside her house then—about half an hour after, I saw a cab come up to the prosecutrix's door, and saw her get in—it went round North-street, which is, I believe, the way to Hicks's Hall, but I do not exactly know the way—I was not close enough to her to see whether her mouth was bleeding—I had seen her half an hour before—she might have received a blow in the interval.
Cross-examined. Q. She did not speak to you at all the second time? A. No, she did when I first went up to relieve Donahue—her mouth was not bleeding then—I went round my beat after that, and lost sight of her for half an hour.
COURT. Q. Did it appear to you that the persons in the street were assaulting her? A. Why they seemed flickering about a great deal—there was a great noise from the women and neighbours round—I did not notice what they said, it was about the two sovereigns—they said she had had the man up unlawfully, and they should like the two sovereigns back again—there was a crowd of about twenty or thirty—they were not doing any thing, only standing about and talking to one another—I kept telling them to go away, and not kick up a disturbance there.
GEORGE PAVITT (police-constable K 260.) On the 10th of October I apprehended the prisoner at his house, about nine o'clock, or a little after—I told him I wanted him, for assaulting Mrs. Combes, and taking two sovereigns from her—he said he knew nothing at all about the two sovereigns—that he went across the road to get a woman out of the row, that was in the row—I had been told to apprehend him on Saturday afternoon by a sergeant who was on duty at the station-house.
Cross-examined. Q. Do you know the prosecutrix? A. Not before the 9th of October, when I saw her at Clerkenwell Sessions.
Witnesses for the Defence.
WILLIAM M'KENZIE . I am an officer at the Thames police-court—I have been there thirteen months, but have been an officer upwards of eleven years—I first knew the prosecutrix on the 30th of July, when she came to apply for a warrant about her broken arm. On the Saturday morning after the trial at Clerkenwell, she came to the office before office-hours—I was the first person she applied to—I was waiting at the office-door—I asked what she wanted—she said, "I want a warrant against five different people"—I asked what they had been doing—she said, a woman had struck her in the mouth and stolen her hospital-paper, and a man had got the money from her, by saying they would tear her to pieces, if she did not give the money up—she said nothing about the man having struck her—she said a man had taken the money from her by threats—I was sent with Douglas, a policeman, to make inquiries about the prosecutrix—from what I know of her, and from what I have heard, I would not believe her on her oath—she bears a very bad character in the neighbourhood.
COURT. Q. What grounds have you for not believing her on her oath? A. On account of the character I have heard of her—I knew nothing of her before the 30th of July, when she came to apply for a warrant—she said that assault took place in Old Gravel-lane, and afterwards before the Magistrate she said it was in Pennington-street—Pennington-street runs into Old Gravel-lane, but it is in the H division.
Q. When examined on oath, has there been any fact that she deposed to which you, of your own knowledge, knew to be untrue? A. She stated before the Magistrate that the man struck her in the mouth, and she stated to me at the office that the woman struck her in the mouth—I was subpoenaed here—I and Douglas were directed by the Magistrate to make inquiries about the prosecutrix, as he said there was so much doubt about the case.
JOHN DOUGLAS (police-constable K 279.) I have been a constable ten years and six months. I am stationed at the Thames police-court—I have known the prosecutrix since her coming for a warrant, on the 30th of July—I should be very doubtful of what she said on oath.
COURT. Q. From what you have known of her, when examination
oath, have you any ground for saying so? A. I have—when she came for the warrant on the 30th of July, she gave her statement in such a wild manner, that M'Kenzie, who had the booking of the charge, said several times, "Take care what you are saying, you will have to state it on oath," and she stated then, in an indistinct manner, that it happened in two different places, one of which would bring the offence in the Lambeth-street district, where I know she is known, and the other would bring it in the Thames police district—by her statement at the Thames police, she brought it within that district—I cannot say that she knew the limit of the district—when she was sworn at the Thames police-office, it was on the Old Testament, as of the Jewish persuasion, they tendered her the New Testment—she said she was not of that persuasion—and then she took it on the Old Testament—that was the day the prisoner was committed—it was in consequence of the cross-examination of Mr. Pelham, the solicitor, who attended for the case, that she said so—I am quite sure she did not change from the Old Testament to the New—she said she thought she should be justified in swearing on the New Testament, because she had married a Christian.
JAMES RICHARDS . I am a coffee-roaster, and live in Grove-street, Commercial-road. I have known the prisoner for the last twelve months—he has always borne a good character, as far as I heard—I went with him on the 9th of this month to Clerkenwell Sessions-house—the case was settled, and I saw him with the money in his hand—I did not see it paid—after it was settled we came out, and went to a public-house, and sent six women and two children home in a hackney coach—the prisoner, 1, and another man walked home together—we got home about three o'clock—when we got down the street there was a great piece of work—I was with him all the afternoon, and till nine o'clock at night—we afterwards went out from his house to Berners-street, to see for a room where he now lives—there was a woman engaged in the row who the prisoner knew—he crossed the road to pull her away to save any more disturbance—he did not take any part in the affray—he did not strike or offer to strike any blow.
COURT. Q. What time did you go to Clerkenwell? A. At ten o'clock in the morning—we left about half-past one o'clock—we remained at the public-house about half an hour—we then went to another public-house at the corner of Fore-street, and had a pot of beer—we then went straight home, and got there about three o'clock.
MR. BALLANTINE. Q. Did you hear the Magistrate desire Mrs. Combes to remain in Court? A. No, I was not in the Court—the prisoner went to a friend of his to borrow part of the money, and it was when he was going in to pay it that I saw it—he counted it—there was a sovereign, half-sovereign, three half-crowns, and 2s. 6d., I believe—I understood he was to pay 1l. a-piece for the females—I saw no flag with the hackney coach—we did not arrive at home at the time the women did—I did not lodge at his house.
COURT. Q. Was the prisoner sober? A. Yes—we were inside his house nearly twenty minutes before he went across the road to fetch the woman—the disturbance was going on all that time in the street—there were as many as thirty persons—I saw one officer there—it was Ingle—I did not hear of the prosecutrix having lost her money till Sunday morning—I was not with the prisoner on Saturday—I parted with him about nine
o'clock on Friday night—he was then in his own house going to bed—I did not see him again till Monday, at the Thames police-office—the prisoner's wife's sister, Mr. and Mrs. Newman, and a young man named Scott, an engineer, were at the prisoner's on Friday—none of them are here—I saw the cab go away from the prosecutrix's—I heard she had gone to Clerkenwell to take a warrant out against the women, and I saw the cab come back again—two women took the cab, and rode up and down the street—they were at it quite late in the evening—the boys were running about with little bits of bonfire, hooting and hallooing about the place—the prisoner was not out of my company from three to nine o'clock.
ANN BONSEY . I am a widow, and live in Upper Grove-street. On Friday afternoon, the 9th of this month, about a quarter before three o'clock, I heard a noise in the street—I went down, and saw Mrs. Combes at her door—she beckoned me into her house, and I went—she stood in the door-way—I asked her if the business was settled—she said, "Yes," and she had received 4l., three sovereigns, a half-sovereign, three half-crowns, and 2s. 6d.—I remained with her about ten minutes—nothing occurred to her during that time—I asked how long she had been home—she said, Some time—that she had some pork-chops, and a little gin, and some porter with a woman who was sitting in the room—she said she had shown the people favours, and see how she was served for it—I suppose she meant by showing favours, settling the matter—she said she would have a cab, and go to the Magistrate, who sat till six o'clock—her mouth was not bleeding at all then—she said nothing about the prisoner—she did not tell me what she was going to the Magistrate for—on the Monday following she came to my house with a policeman, and said, "I want you to go today with me, and say you saw me give the man the money"—I told her I could not say what I knew nothing about—the policeman said, "We can do without you"—I said, "I hope you will, for I know nothing of the business, or any thing of the parties"—she then put her hand up to the policeman, and said, "There is a little boy fourteen years old that I sent the jacket round with, and he will do"—that was all that passed.
COURT. Q. When did you first become acquainted with Mrs. Combes? A. I only know her by going to inquire after apartments at her house once, nothing more—I do not know Mrs. Newman, and never knew the prisoner before last Monday—he wished me to come here to-day—I think I mentioned to a Mrs. Govey, who lives in the same street, about the prosecutrix and the officer calling on me—I do not know what officer it was—I did not tike his number, or notice him.
GEORGE PAVITT re-examined. I went with Mrs. Combes on Monday morning to this woman to inquire whether I could get any proof as to the prisoner's being seen in the disturbance—I asked this woman if she knew any thing about it—she said she saw a mob of people there; that she went over to Mrs. Combes, returned, and saw no more than a mob of people—she said she saw the prisoner, his wife, and other women in the street there, but did not see the money—I asked why she did not come down to the Thames police—she said she could not—there was a little boy who lived in the house, but the Magistrate did not think him old enough to be a witness, and would not take his evidence.
ANN BONSEY re-examined. I did not tell Pavitt that I had seen the prisoner with the women in the street, nor any thing of the kind—I never saw such a thing, and never said it—that officer was never in my house—I never saw his face—he does not know me.
MR. BALLANTINE. Q. Had Mrs. Combes told you this woman saw the money taken? A. No—she said, "There is a woman up here who was there at the time of the row; if you will come with me I will show you the house," and I went, as I wanted to get all the evidence I could—I asked her if she had seen any thing of the row on Friday night, if she had seen Mr. Lambert there—she said yes—I did not ask her at what particular time she saw him—I will swear I mentioned the prisoner's name.
(The prisoner received a good character.)
GUILTY of an Assault only. Aged 37.— Confined Three Months.
NEW COURT.—Monday, October 26th, 1840.
Fifth Jury, before Mr. Common Sergeant.
GUILTY .— Confined One Year.
GUILTY.* Aged 19.— Transported for Seven Years.
GUILTY .— Confined One Month.
GUILTY .— Confined Nine Months.
WILLIAM GRIGGS . West was in my service as ostler; Cope lives next door but one, and keeps a horse and cart. On the 1st of October I did not authorize West to sell any of my hay or any other thing; he was not justified in doing so—I might have obliged a neighbour with a truss of hay—I have been asked by West whether he might, but that is months or a year ago—if any body came for a truss he should speak to me previously—Mears, the officer, arrived with a truss—my wife called me out of my parlour—there was I, West, Cope, and the officer together—West spoke first—he said, "Sir, I have just sold a truss of hay, and have got 3s. for it in my pocket"—I said, "What business could you have to sell a truss of hay?"—he said, "It is to a neighbour; he has paid me the full value"—I said to him, "You know, Robert, it is not long ago since I charged you on no account to borrow, or lend, or sell hay; how durst you do such a thing?"—the officer said Cope had told him he gave 2s. 8d. for it
—I answered, "Why, Robert, you told me you received 3s. for it"—West then said to Cope, "You know you gave me 3s. for it"—Cope said, "Yes, I gave you 3s., but you was to give me 4d."—I should say the truss is worth about 2s. 8d.—I gave 5l. for the load of thirty-six trusses—I gave both the prisoners in charge.
Cross-examined by MR. PHILLIPS. Q. Did he never sell before without asking your leave? A. I will not say that he has not sold a truss or trusses, but not without asking my consent—he never paid me for any—I will swear that West did not sell a truss of hay to Mr. Lynch which was paid for in my presence—if he sold a truss to him he did wrong—I cannot swear he did not do it—he never paid me—Lynch never paid me for any hay, to the best of my recollection—on one occasion Lynch came to ask me for a truss of hay to pack his goods in—I swear that Lynch did not pay me for a truss that West sold him—these men have been bailed on this charge, and have surrendered—it was West's duty to come at half-past ten o'clock every night to settle his book, and give an account of what horses he had in his stable, and what baits he bad in the day—he had no authority to sell—he sold nothing but feeding gentlemen's horses in the stable—he had nothing to sell—I have not got the book here to-day—it was about a quarter to ten o'clock when I had the prisoners taken, three quarters of an hour before West would have settled with me—I have had no quarrel with him—he once refused to take some wine to a gentleman till he had dined, and I took it myself—I told him I should never forget it—I never said I would be a thorn in his side—I never thought of such a thing—we had no words.
Cross-examined by MR. CLARKSON. Q. How many times were you before the Magistrate? A. Twice, on the Friday and Monday—I did not ask the Magistrate to discharge the prisoners—I wished him to give them a summary punishment—I said I had a great regard for my own servant, and was unwilling that he should be brought here—I have a billiard-room in my house—I happened to be in there when West came—the first communication that was made to me was by my wife—I came out, and West told me he had sold this hay to Cope.
WILLIAM MEARS (police-constable N 162.) On the 1st of October, at a quarter before ten o'clock at night, I was passing the Tyson Arms public-house, and saw Cope coming from the premises with a truss of hay on his back—he had come a few yards from the stable-door—I suspected it was not right, and watched them for a moment or two—West was at the stable-door watching—Cope turned round at different times for the purpose of watching me—I then went to the prosecutor's bar to know if it was right—after that I pursued Cope, and asked him how he came by the hay—he said he purchased it of the ostler for 2s. 8d., and afterwards said he had not given any thing for it—before we arrived I asked him whether he kept a horse and cart—he said, "Yes"—West was at the bar when I arrived with Cope—West said he had received 3s.—Cope answered, "Yes, but I was to receive 4d. out"—I searched West and found 4d. on him—he had not 3s.
Cross-examined by MR. PHILLIPS. Q. You have been examined about this before? A. Yes, before the Magistrate—what I said was taken down, and read over—I signed it—I mentioned that they were watching me—I cannot say whether it was put down—I named it—I might not have observed that there was not one word about Cope's turning round and looking at me—I cannot recollect whether I said that West said he had got 3s. for it.
Cross-examined by MR. CLARKSON. Q. Where does Cope live? A. At the back of the Tyson Arms—I should say that the corn-chandlers were not all shut up before that time—I cannot tell the name of any one in the neighbourhood.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
ALFRED WILLIAM OTTER . I am an attorney, in partnership with Mr. Henry Maltby—we live in Old Broad-street—the prisoner was our clerk, and bad been so about four months. On the 17th of October I delivered him a cheque for 200l.—I told him to take it to Bosanquet's to get eight 5l. notes, ten 10l. notes, and I think 60l. in gold—this is the cheque I drew—(looking at it)—he did not return—I never saw him till the Friday morning following, when he was in custody—it was his duty to return and bring the change.
JOHN FRYER . I am a cashier at Messrs. Bosanquet's, bankers, in Lombard street. I received this cheque of the prisoner on the 17th of October—I had seen him before several times, and knew him—he asked me for 198 sovereigns, two half-sovereigns, and 1l. in silver—I saw there was put down on the back of the cheque "some 10l. and 5l. notes"—I asked him why he wanted it in gold—he said Mr. Outer wanted to pay sums under 5l.—I paid him in gold as he requested.
JOHN STOWELL . I am constable of the Southampton railway. I received charge of the prisoner on Friday evening last, October the 23rd, about twelve o'clock, in the waiting-room at the railway. I found on him ninety-seven sovereigns in this bag, and three sovereigns and some other money, this gold watch, a brace of pistols loaded, his old-coat, waistcoat, and trowsers, and a variety of new wearing apparel in this carpet bag—he had come up by the last train from Southampton.
GUILTY . Aged 21.— Transported for Seven Years.
HENRY GRAY . I am in the service of Mr. Francis Harrison, who lives in St. Pancras. I saw this kettle safe on Thursday last, the 22nd of October—I am sure it is my master's—I know it by a mark inside.
JOHN EATON (police-constable S 193.) At a quarter to five o'clock last Thursday afternoon I met the prisoners in Gower-street—O'Donnell had the kettle and gave it to Bowen—they went to Holborn—O'Donnell waited outside a pawnbroker's while Bowen went in with it—I took O'Donnell, and went inside and saw Bowen—I asked him about the kettle—he said, "What kettle? I have had no kettle."
BOWEN— GUILTY . Aged 18.— Confined Three Months.
O'DONNELL*— GUILTY . Aged 16.— Transported for Seven Years.
REV. THOMAS HAM . About nine o'clock on the 18th of October, I was going through Spitalfields—a person cried out "Stop"—I put my hand in my pocket and missed my handkerchief—I am sure I had it three-quarters of an hour before—the policeman came up and produced it—it is mine—it has my name in full on it—(looking at it.)
JOSEPH MOSS . I am in the employ of Richard Bludderwick, of Bishopsgate-street. I was in Spitalfields about nine o'clock that evening—I saw the prosecutor and a friend walking—the prisoner and his companion went up to the two gentlemen—the prisoner took a handkerchief out of the prosecutor's pocket and put it into his own—I slightly touched the prisoner's arm—he ran away—we pursued him up Duke-street, and he was taken in Steward-street—the handkerchief he took appeared like a white one—I was on the opposite side of the way—I am sure the prosecutor is the person who lost it, and the prisoner took it.
Prisoner's Defence. I was going home, and the officer came in front of me—I stopped, and in about three minutes some persons came up and gave me in charge.
(The prisoner received a good character.)
GUILTY. Aged 21.—Recommended to mercy by the Jury. — Confined Three Months.
JANE ELIZABETH APTED . I am the daughter of Susannah Apted. She keeps a provision shop in Middle-row—on the evening of the 21st of October, I saw the prisoner come and take a piece from the window—she walked about three yards—I went and took her—she let it drop—this is it—(looking at it)—it is my mother's.
Prisoner. It was lying on the floor—you came out to ask if I had a piece—I said, "No"—it was on the edge of the board—I had not got it. Witness. You came inside, and asked me the price of a piece of bacon, you then took this, you secreted it under your shawl, and walked about three yards with it.
GUILTY . Aged 15.— Confined Nine Months.
MARY SHARP . I am the wife of William Sharp; we live in Westminster. Between three and four o'clock in the afternoon of the 19th of October, I saw the prisoner take the reins from the bolt of my window-shutter—I opened the door, and followed him about a hundred yards—when I came up to him, I said, "What do you do with my property?"—he said, "Your property?"—I said, "Yes," and I took these reins off his arm—he went a short distance—my husband came and gave him into custody.
Prisoner. They laid on the curb under the front of the house. Witness. No; you took them off the bolt of the window shutter.
GUILTY . Aged 53.— Confined Three Months.
GEORGE FREDERICK NASH . I am shopman to Mr. John Taylor, a bookseller, in Chiswell-street. About a quarter to five o'clock on the 17th of October, Hopkins brought the prisoner and these three books to our shop—I looked, and missed seven books, which I had seen safe about five minutes before—these are ray master's.
CHARLES HOPKINS . I live in Mile End-road. I was passing Chiswell-street on the 17th of October—I saw a young man running after the prisoner—he caught him, and asked me to hold him, as he was struggling so—I took him—the young man told me where the prisoner took the books from, and went part of the way with me, and then left—I took the prisoner to the prosecutor's shop, and found these books in his jacket.
Prisoner's Defence. I picked them up, put them under my jacket, and was going home with them.
GUILTY.* Aged 16.— Confined Six Months.
2633. WILLIAM LANE, ALFRED IVEY , and RICHARD SIMCOE were indicted for stealing, on the 26th of September, two handkerchiefs, value 3s.; 1 purse, value 6d., one key, value 6d.; one bag, value 1s.; 15 sovereigns, 1 half-sovereign, 1 shilling, and 1 sixpence, the property of Richard Harris Floyd Pitt, in the dwelling-house of Richard Harris Floyd Pitt and others.
MR. ROBINSON conducted the Prosecution.
ANN PITT . I am the wife of Richard Harris Floyd Pitt, and live in Great Smith-street, in the parish of St. John, Westminster. At a quarter to eleven o'clock in the morning, on the 26th of September, I was in the shop—I put my bag on the counter in the shop, while I went to speak to Mr. Smith in the adjoining sitting room—there was a purse in my bag, containing ten sovereigns, a small key, a shilling, also five sovereigns, a half-sovereign, and a sixpence, wrapped in paper, separate from the other—two pocket-handkerchiefs, three letters, and a memorandum book were also in the bag—I returned in three or four minutes, and the bag was missing—one handkerchief has been found—this is it—(looking at it)—I know it, because I hemmed it myself—as I was going into the shop—I saw Lane very near the shop, and Ivey two or three hundred yards from the door—this was not ten minutes from that time till I missed my bag—they might have come into the shop—Lane looked as though he was looking at my bag.
Cross-examined by MR. CLARKSON. Q. Allow me to see the handkerchief? A. This is it—there is no mark on it—it was marked exactly where I mark mine—I generally mark mine low down—there was a small piece of the mark left in it when it was first at Queen-square, but that has been lost—I know it by this rough edge where the lace was, and this hole, which corresponds with the place where I generally mark my handkerchiefs, and the quality of the lawn—I have one off the same piece here—nothing else has been found—this other handkerchief was made at the same time, and marked 12, and this one was No. 11—we only rent the shop and sitting-room in Smith-street—the other parts are let to different people—we take it by the quarter—MR. Williams, the pawnbroker, is the landlord.
Cross-examined by MR. BALLANTINE. Q. Is your husband here? A. No—I knew nothing of Lane before—I recognised Lane at Queen-square—he was standing in the place where they put prisoners—it was about a quarter to eleven o'clock when I went out of the shop, and left the bag—I am certain it was before eleven—I came into the shop again in a few minutes, and missed my bag.
COURT. Q. You say it was a quarter to eleven o'clock when you arrived at the shop, and a quarter before eleven when you missed your bag? A. I had no watch—when my husband went to the station-house to give notice, it wanted ten minutes to eleven by their clock, and that was a minute or two after.
JOSEPH DAVIES LEATHART . I am a house decorator, and live in Bath-place, Bayswater. I was in Oxford-street on the 26th of September, about four o'clock in the afternoon—I saw these three prisoners together—they went from Oxford-street to Regent-street, down a short distance to Argyle-street—there was another person met them in Oxford-street—they all four stopped—I watched them sometime—Simcoe and Ivey put their hands into their pockets and seemed to offer Davies something—(I had seen them about nine in the morning)—my suppositions were that they pulled out some money, but I could not see—the other party left them—the three prisoners remained—I followed them through one or two streets—through Golden-square to the Haymarket, and there they took a cab—I pursued and stopped it at Whitehall—I called a policeman to my assistance—I ran to the left-hand door and opened it, and as I was getting in Simcoe put his hand to the right-hand side window—I took this white handkerchief from him—we drove to Gardener's-lane—we there found six sovereigns on Lane, tied up in the corner of his handkerchief, in his coat—on Simcoe 22s., and on Ives five sovereigns, one half-sovereign, 1s. 6d., a new hat, and a new silk handkerchief—all the time we were at the station-house, Simcoe begged of me a dozen times to give him this handkerchief—I said I would not—I know all the prisoners.
Cross-examined by MR. CLARKSON. Q. Have they worked for you as house-decorators? A. No, in a different line—I have no shop—I have a house I belong to in Oxford-street—my private residence is at Bayswater—I follow no other business, I have 70l. a year coming in besides my business—I work for Tupper and Collins—I have been there seventeen years—I was not engaged at any thing at that time, or I would not have followed them—I was taking a walk—I am at work for my employers now at Lord Radnor's—I have preferred a bill before another Grand Jury—I never swore, when they threw out a bill, that I was an amateur in the case of Rice—he was transported for seven years on that charge—he had been convicted before—I had not known him before he came before the Judge—I prosecuted Ryland, who was with Rice, but the Grand Jury threw out the bill—he had no property on him—Rice had the property—I swore to him as being a companion—I may have been in twenty cases when I was a constable.
Cross-examined by MR. PAYNE. Q. Upon your oath, how many times have you been a witness? A. I cannot tell—I will swear it was not fifty—it might be forty—I was constable of Han well many years—I have been in my employer's service all the time I was giving this evidence.
LAURENCE ANDERSON (police-constable D 35.) I was at the corner of York-street, from ten to half-past ten o'clock that morning—I saw the prisoners Lane and Simcoe with two others, one of whom I believe to be Ivey, standing together at the corner of Tothill-street, in the Broadway, three or four minutes' walk from the prosecutor's—I knew them all three.
Cross-examined by MR. CLARKSON. Q. Did you also know Leathart? A. Yes, I have known him by seeing him in Oxford-street, and at different police-offices—he has brought prisoners two or three times during the time
that I have been in the police—I never drank with him—I have seen him drinking with policemen, not repeatedly, not more than three times—I have not seen him at the offices more than three times—I have known him four months—I went to Tothill-street before I had a communication with Leathart—I was quite on another business.
Cross-examined by MR. PAYNE. Q. Your beat is Marylebone? A. Yes, I was at the office on business—I was examined the second time—Leatbart was there the first day—the depositions were taken the second day.
Cross-examined by MR. BALLANTINE. Q. Did you go to this place by information of Leathart? A. No, I saw Leathart first after that on Saturday evening, about nine o'clock, and it was Saturday morning that I was in Tothill-street—I had conversation with him at the station-house—he told me he saw Lane.
CHARLES WALKER (police-constable A 78.) On Saturday afternoon, the 26th of September, I was on duty at Charing-cross, about a quarter past four o'clock—Leathart came and spoke to me about the parties being in the cab—he ran and stopped it in Whitehall-place—he went on the left-hand side, I went on the right—Simcoe had a white handkerchief, and attempted to throw it outside—I got on the box, went to the station-house, and searched them—I produce the handkerchief—Simcoe said a girl named Eliza gave it to him.
ROBERT TIDBURY . I am a hatter in Long-acre. On Saturday, the 26th of September, between one and two o'clock, I sold this hat (looking at it) to Ivey for 6s. 6d.—he gave me a sovereign or a half-sovereign—I gave him change—the prisoners were all three together in the shop.
MR. BALLANTINE called the following Witnesses:—
JOHN RAYMOND . I am servant to Mr. Allison, a publican, in South Molton-street, which is a mile and a half from Smith-street, Westminster; I know Lane. On Saturday, the 26th of September, between ten and eleven o'clock in the morning, he came to the bar, about half-past ten—it was before eleven—he asked for a pint of porter—he only continued there half a minute—I saw him about five minutes after—he lives directly opposite in South Molton-court—I know his person well—I passed his mother's in about five minutes after I served him with beer, and he was engaged in putting out some bottles—I did not sea him again—he had no coat or waistcoat on—he was quite alone—I attended the Police Court to give evidence, and was not heard—I heard from a person who came to the house that he was charged with robbery—I saw him at half-past ten—I am barman and cellarman, and general servant—I have been there two years and a half—I never had any charge against me—I have not the least interest in the boy—he is a perfect stranger.
MR. ROBINSON. Q. How do you know the time, is there a clock in the place? A. Yes—we serve a very large shop in George-street, Hanover-square—I have to be there every morning at a quarter before eleven o'clock—I have known Lane ever since I have been there—two years and a half—before that I was in a situation at Uxbridge—I was there six months—I believe Lane has lived with his mother ever since—I have known her two years and a half.
COURT. Q. Then you mean to swear he has been residing with his mother two years and a half? A. Yes—I have been constantly in the habit of seeing him—I recollect the time, because I have to go to this large house at a quarter to eleven o'clock, and on that morning, when I came up, Mr. Allison said, "You are five minutes behind"—I went down, and put my coat on five minutes after, I saw Lane—it wanted but five minutes to eleven o'clock when I got there with my beer, and I ought to have been there at a quarter before eleven o'clock—I was there at a quarter before eleven the day before—I know that, because I go there every day a quarter before eleven—I saw the prisoner the day before at his mother's door, taking some things in, at half-past six o'clock in the evening—I perfectly recollect the 26th, because I heard in the evening that he was taken up—I heard it from some customer as I was serving in the bar—I cannot tell how they came to know it—I immediately said I felt astonished, because I saw him there at half-past ten o'clock, and drew him a pint of beer—I do not know how I came to think that half-past ten was of importance—I did not know any thing about the robbery—I heard he was in custody—I said, "For what?"
MARIA BURROWS . I am a poor woman. My husband is a labouring-man—we live in Grosvenor-market, which is perhaps 200 yards from South Molton-street. On the 26th of September I saw Lane at a quarter or ten minutes to eleven o'clock—I am certain it was before eleven—I saw him at his mother's door—he was employed outside her shop, doing something—I do not know what—I know the time, because I took a few rags to Mrs. Lane's, and I went from there to the bacon-shop at the corner of South Molton-street, and the Court-house clock was striking eleven—I know Lane's person perfectly, and am certain it was him I saw.
MR. ROBINSON. Q. What makes you know it was eleven that struck? A. It was half-past ten when I left home—I have a clock, which I keep by St. George's Church, on account of my child going to school—I take in washing, and go out to work—I have lived there since May last.
COURT. Q. What makes you remember this day? A. It being Saturday, and I saw it in the "Dispatch" paper the Sunday week following—I was not aware that it was him—I saw his sister in the week following, and I said, I saw a case so and so, in the paper, but being at that time in the morning, I said it could not be him—I had had no communication with Mrs. Lane before that—I could not exactly tell what Lane was doing when I saw him—I think he was sorting rags, or something.
MR. BALLANTINE. Q. Did you also attend before the Magistrate? A. Yes, on every occasion—the police were aware of it—Lane's mother is very ill—she was in bed when I came away, and unable to move.
MARY OGDEN . I am Lane's sister—I am married, and live in Grosvenor-market. On the 26th of September I was at my mother's—Lane did not leave her house till between ten and eleven o'clock—it was a little before eleven when he went.
COURT. Q. How do you come to recollect this? A. Because it was very near our lunch time—we generally have lunch about eleven o'clock and the beer was brought—I was cleaning—I do not know who fetched the beer—MRS. Burrows came in—I do not know whether she partook of any of the beer—my mother set the luncheon out in the parlour—my brother
was in his shirt-sleeves—I cannot tell what he was doing—he was there when Burrows arrived—he had been in the shop all the time from seven o'clock in the morning, till eleven—I do not think he lunched with us that day—he left very near eleven I am certain, and I saw no more of him till I heard he was in the station-house.
LANE*— GUILTY . Aged 19.
IVEY— GUILTY . Aged 17.
SIMCOE*— GUILTY . Aged 19.
Of Larceny only.— Transported for Seven Years.
WALTER MAKER . I am mate of the ship Rawlings, lately arrived from Jamaica, in the West India docks. The prisoner was steward's boy—I was taken ill, and delivered my watch and money to the captain—he returned me my watch and money except two doubloons—I sailed on the 1st of August, and the doubloons were in my chest then in my berth—I found them gone on the 3rd of August—I was then at sea—I have found where they have been changed—they were worth 3l. 6s. each.
Prisoner. On the way home you hurt your head, and was out of your mind—you was going to throw them among the bread, and I caught them. Witness. I was deranged for three or four days, but the money was missing when I delivered the money to the captain.
HENRY HUTTON (police-constable K 60.) I apprehended the prisoner, and told him he was suspected of robbing the mate—he said, "I did not rob the mate"—I said he must accompany me on board the Rowlings—he begged me not to take him there—on the way he said he had taken two doubloons, but knew nothing about the dollars, and he had bought a new suit of clothes in Ratcliffe-highway, and the remainder of his money he put into his pocket, that he went to sleep in a house, and in the morning missed it—he afterwards showed me where he concealed the money on board on the passage home—he bad changed one doubloon at Mr. Leming's.
WILLIAM JEPSON . I came home in this ship—the prisoner showed me when he got on shore first a dollar, and then a doubloon—he changed that, and afterwards showed me another—I did not know he had got them till the evening he went on shore—he told me the captain had paid him his wages.
Prisoner's Defence. I found them behind a chest.
GUILTY>. Aged 16.—Recommended to mercy by the Prosecutor.— Judgment Respited.
NANCY PEET . I am bar-maid to my uncle, William Nicholson, who keeps the Grosvenor Arms public-house—the prisoner was his Pot-boy. On Tuesday, the 13th of October, he came and asked if I could give Mrs. Mills change for a 5l. note—I gave him five sovereigns—I never saw him again.
GUILTY.* Aged 27.— Transported for Seven Years.
ALFRED GARRETT . I live in Turnmill-street, Clerkenwell. About twelve o'clock on the 22nd of October I was near Richard Butler's shop, and saw the prisoner take a bit of bacon, and put it under his apron—we ran after him, but he got away—about three o'clock I saw him again—I told Mr. Butler, and he was taken—I am sure he is the person.
SARAH BUTLER . I am the wife of Richard Butler, a cheesemonger in Cow Cross-street. I saw the prisoner pass in company with another, and about five minutes after I missed the bacon—it has not been found.
GUILTY. Aged 14.—Recommended to mercy. — Confined Nine Days, and Whipped.
2637. WILLIAM BARTLETT was indicted for stealing, on the 14th of October, 84 lbs. weight of chrome yellow, value 4l. 4s.; 28 lbs. weight of a certain colour called English pink, value 8s.; and 2 lbs. weight of rose-pink, value 10d.; the goods of Richard Ballard, his master: and DAVID DAVIES , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
MR. DOANE conducted the Prosecution.
RICHARD BALLARD . I am a paper-hanger in Cross-street, Finsbury. Bartlett came into my employ in July last, as a colour-maker, he had access to these colours. On the 13th of October I missed some chrome yellow—in consequence of information, I went down on the 14th, and I said, "Bartlett, I understand you and your friend Brown, last evening, have been carrying my colour away; you have been robbing me"—he seemed very much flurried, and said, "I have taken away 1/2 cwt. only"—I said, "Where have you taken it to?"—he said, "Davies's"—I said, "Where is Davies's"—he would not tell me—he said if I would wait till the evening, he should see Davies, by appointment, and get the money, and pay me—I took him to the station-house, and gave him into custody—I went with Power, the policeman, to Davies's house, and knocked at the door—he calls himself a colour-agent—I said, "Well, Mr. Davies, I have not had the pleasure of seeing you for some time; I have a friend outside wants to speak with you; walk in, my friend will be here in a moment," and the officer came in—I said, "Have you been buying colour?"—he said, "Yes, I have"—I said, "Who did you buy it of?"—he said, "Bartlett"—I said, "You know very well that it is my colour"—he said, "No," he did not—he knew Bartlett had a small factory of his own, and he thought it was his—the officer said, "You believe this to be your colour?"—I said, "Yes"—I gave charge of him—Davies said, "I gave him a new hat, worth 10s., for it"—I saw a quantity of colour there, it was brought away in a cab—the value of the whole must be, at least, 5l.—a colour-agent, or any body in the trade, must have known it was worth more than 10s.—I did not go up into the bed-room—this is some of the colour—beside the yellow chrome there was 7 cwt. of rose-pink—the whole of the colour was not present when I asked Davis what he gave for it, some of it was up stairs—I suppose they brought down 20 or 30 lbs. weight out of the upper room after that—there was 20 or 25 lbs. weight of colour in the back-room, on the floor, for which he said he gave the man the hat, that was worth about 3l. 10s.—I had not an opportunity of weighing it—I did not go into the bed-room—he said that which was
brought down stairs he had bought of Bartlett, and that he had bought a great many lots of him previously, and thought it was all right—I made this colour myself—there are streaks of white right through it, which enable me to know it.
Cross-examined by MR. PHILLIPS. Q. Are there no streaks of white in any other chrome? A. Not that I know of—there is better and worse colour than this—I have used better and worse—this piece is a very good one, this other is inferior—I could swear this colour was mine if I saw it a hundred miles off, if I had been informed the robbers had come that way.
Bartlett. Mr. Ballard gave me instructions to sell these colours, as he was in the paper-staining line—he did not wish it to be known that he was in the colour line. Witness. Never; nor did I ever sell a pound of colour in my life—it was made for my own use.
DENNIS POWER (police-sergeant H 18.) Bartlett was given into my custody, he denied all knowledge of this. I went to Davies, and saw him—I went into the back-room—I saw a quantity of colour in lumps on the floor, this is a portion of it—MR. Ballard identified it as soon as be saw it—I asked Davies where he got it—he immediately said, "I bought it from Bartlett"—I asked what he gave for it, he said, "A new hat, which Bartlett has now got on"—here are two bags of chrome, which I believe Davies's daughter brought down from the bed-room—I asked Davies what he gave for that, he said Bartlett had brought it there for samples—there was a small quantity of rose-pink, which the little girl brought down—I weighed the whole of the colour, there was 116 lbs.
Cross-examined. Q. The two bags were not brought down when Davies said he gave the hat? A. Certainly not—there was about 40lbs. there then—I have since ascertained this chrome to be a very bad description of colour—this piece is what I am told is called English pink, which is worth about 16s. a cwt.
JAMES BALDWIN . I am a paper-stainer, and live in St. John-street. Bartlett came to me on the 9th of October, to show me some samples of colour, they were similar to those now produced—I bought 1/2 a cwt. For 8s.—a sample would not weigh above an ounce—I should not call 40 lbs. a sample—I bought some lake at 6d. per lb.
BARTLETT— GUILTY . Aged 24.— Transported for Seven Years.
DAVIES— NOT GUILTY .
Sixth Jury, before Mr. Sergeant Arabin.
MR. PAYNE conducted the Prosecution.
JOHN ANDERSON . I lodge at the Globe coffee-house, Union-street, Spitalfields, and am a poulterer. On Saturday evening, the 19th of September, I was at the Angel public-house in the City-road, between six and seven o'clock in the evening—I was sober—I had been taken poorly previous to my getting there, and was very ill after I got there—I felt a violent pain in the pit of my stomach—it was a spasmodic attack—I complained of being ill, and Mrs. Allen, the landlady, made me some brandy-and water—it did not do me good—shortly after I was taken very bad—I put my elbow on the window-seat, and leaned, my head on my hand—I
was very bad—a medical man was sent for, and he attended to me—there was no other person in front of the bar at that time—the landlord and landlady, and her daughter were in the bar—the prisoner came in while the doctor was with me—the doctor gave me a draught, and I had a fomentation—a cab was then sent for—the prisoner was very attentive to me during my illness, and when the cab came he offered his services to see me home—MR. Allen said he would be very much obliged to him if he would, or else he would get some other person—I was assisted into the cab, and the prisoner got in too—I had received of the landlady that evening two half-crowns and a 5s. paper of halfpence—that was twenty minutes or half an hour before the doctor came—I put the two half-crowns into my left-hand trowsers pocket—I was perfectly sensible during the whole of my illness—while I was ill my body swelled, and the doctor undid the waist-band of my trowsers—while I was in the cab the prisoner put his hand on my chest, and said, "How are you now, John?"—and when I was passing Finsbury-square, to Sun-street, he put his hand on my chest, and said, "How are you now, John?"—and I felt him take his right-hand from my chest, and place it in my left-hand trowsers pocket—I had two buttons with the two half-crowns in that pocket, and he abstracted the two half-crowns, and left the two buttons—I was very much surprised at the kindness he exhibited, and very much surprised after his kindness to find him put his hand into the pocket, and take the two half-crowns—I put my hand on the outside of my pocket, and thought it was impossible he could do it—I supposed he was either a common pickpocket, or else what we call one of the swell mob—I did not know who he was—I was sitting on the right-hand side of the cab—when I put my hand on my pocket I found the two half-crowns were gone—I did not say any thing to the prisoner at that time, thinking if he was what I anticipated he was he would have made his escape by some means or other—the cab stopped in Union-street, and I told the driver to drive on further, expecting I should see a policeman—I saw no policeman—the cab stopped again, and I told the driver to go on further, and the first policeman he came to to stop—we got on opposite Spitalfields station-house, which, I think, is not more than thirty yards from where I lodge—I got out there, and the prisoner did too—I then put my hand on his shoulder, and told him he had robbed me—he laughed at me—I saw a policeman coming out of the station-house—I called him, and we all went into the station-house together—the prisoner was asked there what money he had—he said, "17s. or 18s.," and he took that money out—the inspector asked him if that was all—he said it was all he had—he was then searched by the constable, by order of the inspector, and two half-crowns, and some other small things were found in his left-hand trowsers pocket.
Cross-examined by MR. PHILLIPS. Q. Are you sometimes called Jack? A. Yes, and frequently Independent Jack—all persons in our market have a nick-name, and that is mine—I am a poulterer—I do not know that I have been any thing else but a poulterer, not for the last sixteen or eighteen years.
Q. Did you ever say you were any thing else but a poulterer? A. Yes, a watch and clock-maker—I did it because business was very bad in the poultry line, and I am very handy in that way—my father was a watch and clock-maker, and I have seen a great deal of it though I was not taught it—I do not know who I represented myself so to—I have often
done it, but I cannot tell one person I have done it to—I have no recollection of when I did it last—I cannot tell how many persons I told it to.
Q. Did you ever represent yourself as of any other calling than a clock-maker, a watchmaker, and a poulterer? A. Never, that I swear—I know a gentleman named Barton—I told him I had got a situation, but I did not tell him what trade I was—I think I told him I was a porter—I cannot recollect what it was I told him I had got—it was false—I am not aware that I represented myself as a warehouseman to him—I cannot swear that I did not or that I did—that may be two or three months ago, I cannot say exactly as to the time—I will not swear that I did not call myself a ware-houseman to him—I told him it was at a Manchester warehouse, No. 20, Watling-street, but I did not tell him what I was, to my knowledge—there was not a word of truth in it—I do not know why I told that lie—I had no particular motive in telling it—I at that time owed Mr. Barton 10s. 4d. for half of a bed, at 2s. a week—I had been lodging with him, and left 10s. 4d. in his debt.
Q. Who provided you with those clothes since you were at the policeoffice? A. Myself—I paid for them—I bought them at various places—the coat I bought in Cutler-street, of a man in the street, promiscuously—I paid for it—I bought my waistcoat in the same place, but of a different person, walking about the street—I bought my stock somewhere up at the West-end, I think, but I really cannot tell the street—I bought my trowsers in Cutler-street—I did not try them on in the street—I chanced them, and the coat and the waistcoat also—I have not bought all these things since I was at the police-office—I bought them, some at one time, and some at another—it is a month since I bought the coat—I was in cash, as I paid ready money for it—MR. Barton found me out at the police-office—I paid him 2s. 6d. as an installment of the 10s. 4d. I owed him—I had not the whole of the money I owed him—I lived in the service of Mr. John Jacobs, a poulterer, many years ago—I do not know why I left him—I was never with him on wages—I was never a servant of his—we separated—I was quite a boy—I lived with Mr. Henry Knill, in Tooley-street, many years ago—he took me before Alderman Farebrother, on a charge of stealing a fowl, or something of that kind—I believe Mr. Knill discharged me—I cannot recollect whether he did or not—he did not discharge me, Mrs. Knill did.
Q. Did you take the benefit of the Insolvent Act? A. Yes.—I was remanded six months by order of the Court, for undue preference to-a creditor—I did not hear that they used the word "fraudulent"—I was in gaol once before that, I think—no, it was since—I never was more than once—I think not more than twice, to my knowledge.
Q. Might you have been in gaol, and forgot it? A. I cannot recollect that I ever was but twice—I was in Whitecross-street, at least in Clerkenwell, for sureties, for three months—I never applied for sureties—I wanted to get out, but I did not want any one to know I was there—I stopped there my time—there was one person offered to be bail for me—I never was in any other prison—I never was in the county of Cornwall.
Q. Will you swear positively to me that you have not been in gaol twice, independent of the two times you have mentioned? If you forget it, say so, and I will have done with you. A. I might forget it, I will try and bring it to my mind—why, they call the watch-house gaol—I have very
seldom been in the watch-house; for instance, when I went about this fowl I was in the watch-house then—I do not know how often I have been in the watch-house besides that—on the occasion of my bail I was in the watch-house, but I was never confined, to my knowledge, more than on those occasions I have named—I think I can swear I was not—I cannot recollect that I ever was confined in prison—I might have been in and out again—I have been in the Fleet and out again—I will swear I never was confined in prison but once in Whitecross-street, and once in Clerkenwell—I was in the employ of Mr. Williams—he discharged me because we could not agree—I do not know that I told a He to him also—I did not give out that I was his relative—I said he was a friend of mine—I did not say that I was related to him, to my knowledge.
Q. Did you go to him the other day, to beg, if he had heard of this business, that he would not come forward against you? A. I did not go to him—I met him in the market—I do not know that I asked him any thing of that kind—we had some conversation together—he came to me one morning, stopped me, and spoke to me—I told him we had had some little dispute together, that I was very sorry for what had occurred, and I hoped he would think no more of it—I said I had been round, and the parties in the market had heard of it, and were prejudiced against me—we had not disputed about my giving out that he was a relation of mine—we had no dispute previous to my leaving him—I cannot say that I ever said he was a relation of mine—I might have done it and forgot it.
Q. Did you ever live with one Robinson? A. Oh yes—I did not tell him that I was a relation of Mr. Williams, to my knowledge—I told him he was a friend of mine—I might have told him I was his relation, and forget it—if I told him so it was a rank falsehood—I ran away from Robinson in debt also—I lived in Old-street before I lived at Picton-street, Camberwell.
Q. Did you ever swear you did not know where you lived before? A. I have lodged at a good many places—I have no idea how many places I have lived at in the last six years—I paid at all I could—I do not know how many that was, I am sure, nor how many I left unpaid—I dare say I paid half of those I lived at—I cannot recollect—I earned the money I bought these clothes with—I did not pay more than an installment to the gentleman I paid 2s. a-week to, because it suited me better to pay by instalments—I hawk poultry about the street—I have been unfortunate in business—I have not a shop now—I have carried poultry into public-houses to raffle—I was painted up, many years ago, and carried about the market as Guy Faux—I was over-induced to do it by a parcel of vagabonds about the market—I lived with Mr. John Smith many years ago—I do not know why I left him—he charged me with robbing him, but it was false.
JOHN WHIFFIN . I live in Baldwin-street, City-road, and drive a cab, No. 3081. I remember the prosecutor and the prisoner being in the cab—I drove to No. 44, Union-street—when I got near the place the prosecutor put his head out, and told me to go on, and to stop when I saw the first policeman—I did not see any one, and I drove on to the station-house—I did not go into the station-house—I went back because the prosecutor had no money, and I was paid over the bar at the public-house.
Cross-examined by MR. CHAMBERS. Q. Which side-window was it that
the prosecutor put his head out at? A. The near side—I was sitting on the off-side, on the box.
GEORGE BELL . I am a policeman. On that Saturday night I was coming oat of the Spitalfields station-house—I saw the cab—the prisoner and the prosecutor were in it—the prosecutor charged the prisoner with stealing two half-crowns—the prisoner was about to say something, and I said, "You bad better go into the station-house and state it"—I went in with him—I asked what money he had got—he said 17s. or 18s. which he took out himself of one of his trowsers' pockets—there were three half-crowns amongst that—I asked whether that was all he had, and he said, "Yes"—I searched him further, by the desire of the inspector, and found two half-crowns, and some other things, in his left-hand trowsers' pocket—he was going to say something, and the inspector told him he had better say it before the Magistrate.
SARAH ALLEN . My husband keeps the Angel public-house, in the City-road. The prosecutor was there that Saturday night, and was taken ill—I had paid him two half-crowns and 5s. worth of coppers—I took the coppers back when he was taken ill—he was quite sober—the prisoner was there, but he did not have any thing to drink.
NOT GUILTY .
JOHN NICHOLAS (police-sergeant K 1.) On the 16th of October, about seven o'clock in the evening, I was in the Commercial-road—I abserved the prisoner and another carrying this parcel—I went up, and asked what they had got—they said wire, which they brought from Stepney station, and were going to take it to another station—they went on—the other one threw down his parcel, and ran away—the prisoner kept carrying his bundle—I took it off his back, and the other officer took the prisoner.
Cross-examined by MR. PAYNE. Q. Did be make any resistance? A. No—he said he was going to take it to the Minories' station.
GEORGE CARR . I am a policeman. I took the prisoner—he said, "I have been led into it—I have been made a dupe of—I met a man on Tower-hill, who said, Did I want a job?—I said, 'Yes,' and he took me to Stepney and gave me a bundle, and said, Go on with it.'"
Cross-examined. Q. Did be not say he represented himself as foreman, to the railway? A. No, I did not hear that.
DANIEL DERRIG (police-constable K 27.) I was at the station-house—I asked the prisoner how he came by the wire—he said the foreman gave it him at the Stepney station, and he was to take it to the Minories, and deliver it to any one he saw there.
ALFRED COOMBS . I am in the employ of the Blackwall Railway; Mr. William Fothergill Cook is my master. This wire is his property—it was taken from the place where I work—the prisoner worked on the line—he could get at this wire if he was so inclined.
Cross-examined. Q. What do you know it by? A. By the mark on the paper—here is an address on it, directed to the Minories.
(The prisoner received a good character.)
GUILTY . Aged 50.— Confined Three Months.
WILLIAM WHEATLEY . I keep a shop in Brick-lane, Bethnal-green. On the evening of the 22nd of October, this cheese was taken off my window-board—some young girls came in and acquainted me with it—I went out, and the policeman had got the prisoner.
JAMES STOKES (police-constable H 178.) I saw the prisoner come down Hare-street, with the cheese under his left arm—I heard a cry of "Stop thief"—I was about twelve yards from him—he ran and dropped the cheese—I pursued and took him.
Cross-examined by MR. PAYNE. Q. Did you stop and pick it up? A. Yes, but I did not lose sight of him—two civilians stopped him, and I took him—he was about a hundred yards from me—it was about ten o'clock at night—I could see two hundred yards off if my sight was not obstructed.
GUILTY.* Aged 24.— Transported for Seven Years.
2641. MARY BAILEY was indicted for stealing, on the 17th of October, 1 purse, value 1s.; 3 half-crown, 3 shillings, and 1 sixpence, the property of Robert Parminsttr Knill, from the person of Harriet Knill; and that she had been before convicted of felony.
HARRIET KNILL . I am the wife of Robert Parminster Knill; he is a printer. On the 17th of October, about ten o'clock at night, I went to Mr. Taylor's, a pork-butcher, to market—the shop was pretty full—the prisoner stood on my right-hand, close to me—there was no one on my left, but another person was behind me—I took a half-crown piece from my purse, which was in my right-hand pocket, and contained three half-crowns, three shillings, and a sixpence—I did not take the purse out of my pocket—I know this money was in my purse secure, and am quite confident I snapped the purse in my pocket—I was leaning over the counter to speak to the person who was serving, and felt a hand at my pocket on my right-side—I felt a hand pressing against my pocket, and one on my shoulder—the prisoner was at this time at my right-side—I felt immediately in my pocket and missed my purse—my pocket-hole is rather behind me—the person who was behind me was shorter than me, and appeared to be stretching up to look over my shoulder, and she was pressing against me—I immediately declared that I had lost my purse, and some one had taken it—the prisoner then said to her companion, "You had better go outside and point out to the lady which rabbit we will have," and the woman who had been leaning over my shoulder left the shop immediately—she had been near enough to the prisoner to have carried away the purse—they had both been as near to me as they could possibly stand—Mrs. Taylor detained the prisoner in the shop—I have lost my purse and money altogether.
some articles. The prisoner came in with another person—they asked the price of a rabbit which was in the window—the prosecutrix stood near the door—the prisoner and her companion stood next her—I had suspicion and watched her—I saw the prisoner whisper to the other, who immediately went behind the prosecutrix and took something out of the prisoner's hand, and then she popped away in a moment—I am quite sure the prisoner and her were companions and came in together—they bought nothing.
GEORGE BALL . I am a policeman. I was sent for, and went to the shop—the prisoner was accused of robbing the prosecutrix—she said she knew nothing of it—MRS. Taylor accused her of haying another person with her, who had run out of the shop.
Prisoner's Defence. I went and asked the price of a rabbit in the window—MRS. Taylor asked me which it was—I said, "The small one"—I waited about five minutes—another young woman came in and a lady—the young woman said, "What is the price of the rabbit in the window?" and I said as she was going out, perhaps she would show her the one I wanted—the prosecutrix then missed her purse—she had a bunch of greens in her hand—I persuaded her to shake them, which she did, but did not find it—MRS. Taylor then said, a young woman had left the shop, and she thought I was with her—she took my arm—I said she need not hold me, I would wait, and I went up the shop—I know nothing of it—I hope you will have mercy on me for the sake of my poor child, only eight weeks old.
GUILTY.* Aged 18.— Transported for Ten Years.
2642. SARAH BRYANT was indicted for feloniously receiving, on the 6th of October, of an evil-disposed person, the body of a shirt, value 5s.; 1 pair of sleeves, value 2s.; 10 pieces of linen cloth, value 1s.; and 1/2 a yard of lawn, value 2s.; the goods of William Matthews.
SOPHIA MATHEWS . I am the wife of William Matthews, and live in Hertford-road. On the 6th of October I missed from my parlour the property stated—I found the window half up at about a quarter to five o'clock.
WILLIAM HORSNELL . I am a policeman. I went to search Waltere's house—I found the prisoner there and a man named Reeves—(Reeves and Walters were convicted this morning)—I found this property between a bed and a mattress—the prisoner said she slept in that bed—I asked how she came by this property—she said before she would tell to get another person into trouble she would suffer the law herself.
NOT GUILTY .
WILLIAM POWELL . I am a policeman. On the morning of the 24th of October I was in Chad's-row, about half-past ten o'clock—the prosecutor came and said he had lost a copper between eleven o'clock the night before, and seven o'clock that morning, and he had just got information that the party was breaking it up at a blacksmith's shop in Cumberland-row—
I went there—I passed through the blacksmith's shop, and went to another little shop, where I found the prisoner shut in, breaking up the copper—I knocked at the door, and the prisoner stood still—a person there said, "Bob, here is the policeman"—the prisoner then opened the door—I asked him how he came by the copper—he said his father bought it two or three days before, and he was going to sell it for his father.
Prisoner. There were three other men there—I supposed the copper was my father's, as he is a smith. Witness. There were not three men where he was—I have seen his father, who says he knows nothing at all about it.
JOHN NEALE BOYCE . This copper was mine—it was fixed in my wash-house, at No. 25, Chad's-row—I saw it last Friday evening safe—my wife had been washing in it—I must bare lost it on Friday night, or early on Saturday morning—I accompanied the policeman to where the prisoner was found breaking up the copper—he left off on our entering the shop—it was begun to be broken up—my house and the house the prisoner was in come back to back—I heard him say he got it from his father four days before.
Prisoner's Defence. I Said I supposed my father bought it in the shop—they took me to the station-house, and were about to let me go, but my father came and said they had better keep me—what is it they can swear to it by?
GUILTY.* Aged 20— Confined Six Months.
OLD COURT.—Tuesday, October 21th, 1840.
Second Jury, before Mr. Common Sergeant.
MESSRS. PHILLIPS AND CLARKSON conducted the Prosecution.
JOHN SIMMONDS . I am a jeweller, and live in Southampton-row, Russell-square; I also carry on business in Holborn, in partnership with my brother. I know both the prisoners, one by the name of Wilson, and the other by the name of Lilly—in December last Lilly came into my shop in Southampton-row, and asked if I would purchase a ring—he produced this ring to me—(producing it)—it was a very foggy day—I asked what he wanted for it—he said it cost him, or the person who gave it him, 5l. in India—I immediately gave it him back and said, "It is not worth half the money to us"—he said he was a tailor, that he was in very great distress, and had to make up a payment that morning, or he would not part with it, as it was given him by a particular friend—would I give him 3l. for it—I said it would not suit me at any thing like the price, it was only valuable to me to break up for the stone and the gold—I at last said, I would give him 30s. for it, which I did—he said he did not like to part with the ring, but would I lend him the 30s., and he would come back and redeem it, but he has never been—I do not think he told me his address—this ring purports to be an Indian ring of rude manufacture, as they make them in India of very pure gold, but clumsily made, and the stones roughly cut—it is made to
imitate a ring of that description—it has all the appearance that a genuine Indian ring would possess—if the gold was genuine it would realize me from 2l. to 2l. 10s., not more—it is a base composition, made with a peculiar alloy, which stands the test of aquafortis, on being rubbed on a touch-stone—I have not had this assayed, but I hare had some assayed, which I believe to be of the same quality, and that turns out to be about 17s. an ounce—therefore this ring would be under 4s.—it is intended to represent standard gold, worth 78s. an ounce—the things which appear to be stones are two pieces of crystal, called doublets—when a stone is set without foil behind it, it is one criterion of its being a genuine stone, and shows that it is fine—these two pieces of crystal are cut very flat, the horizontal parts are brought together, and the colouring put between them to imitate the real thing—these stones are worth 9d. each—altogether the ring is worth 5s. 6d.—on the 21st of July last I was in my shop in Holborn—the prisoner Wilson dame there and inquired if I bought jewellery—I said, "Yes,"—he produced these twin pins stuck in a piece of paper—(produced)—one is now broken—it was cut by direction of Mr. Alderman Pirie, for the purpose of assaying—one of these imitates the opal, the other a ruby—immediately he gave them to me I recognized them to be of the same description as the ring, and of the description also which I had been cautioned against—they are made to represent standard gold, worth 3l. 10s. an ounce at least—I said, "What do you want for these?"—he said, "They cost me 5l."—I asked what he wanted—he said 3l. 10s.—I said, "Are they gold?" or "What are they?" one or the other—he said, "Yes, they are gold"—I said, "Are they real stones?"—he said, "Yes, they are rail stones"—I laid, "What is your name?"—he said, "Wilson"—I said, "You are a duffer" (which is a term in the trade applied to persons who make spurious goods,) "and your name is Walker, you have made these things on purpose to rob me, as some of your gang have before"—he said I was a liar—I told him if he made use of that kind of language I would kick him out of the shop—he said, "Well, you are a liar, and you may try them"—I then took the touch-stone, and was rubbing them sharply upon it, when he came with his clenched fist and threatened violence towards me—I told him that if he made use of any threat in my shop I would knock him down—he opened the door and began calling me a swindler and many other bad names, and said I had robbed him of his pins—I had not then said I should not return them—he eventually went away from my shop, and I kept the pins—I told him I would keep them and show them, and take them before a Magistrate—about five minutes after he was gone, I went out to look where he went to—I went to the corner of Castle-street, which is four doors from my house, and saw him in conversation with the prisoner Lilly—Lilly came up to me and asked why I had stopped the pins—I said, "Because it was a duffer"—he then said if I called him a duffer, as I had called his friend, he would roll me in the mud—he then said he would punch my head—I said, I was sure he would not, but if he annoyed me in the street, I would give him in charge of the police—he dared me to do it—there was an altercation—I said if I bad done wrong I was open to the law, but it was my intention to take the pins to the Magistrate—I then walked back to my shop—they followed me—an assembly of people was collected by the noise they made outside my shop-door, which continued about five, seven, or ten minutes—I obtained a policeman on my way from Castle-street to my own door—I said to them, "If you cause
any disturbance here I will send you off to the Computer"—Lilly said if I did, it would be the worst day's work I had ever done—the noise and disturbance continued till I was obliged to give them in charge—I should say there were from thirty to forty or fifty persons there—there was a mob completely round the house—these pins are of the same description as the ring—I have had them assayed—they can be made for about 14s. or 16s. the two—the stones are only doublets—the opal is glass, and the ruby a piece of crystal—they are of a base composition, in which there is a small portion of gold—it is made to imitate standard gold—such things are never made in the trade under any circumstances.
Cross-examined by MR. PREDERGAST. Q. I take it for granted you do not sell any articles in your shop for gold, which are not gold? A. Certainly not—I do not profess to mark things gold which are not gold—I swear that positively—I do not sell any articles for gold which contain less gold than those produced, not for solid gold—these are sold for solid gold—there are many descriptions of gold articles—in the composition of these pins there are four carats, or four 24th parts of gold, and twenty parts of alloy, a composition which is never made up for legitimate trade—these have been assayed by Johnson and Cock, of Hatton-garden—I believe they are here, subpoenaed on the other side—they have reported the result of the assay—what I know about the pins is from what they have stated, nothing else—there have been three assays made—I can of my own knowledge tell within a trifle what proportion of gold there is in this ring, from rubbing it on a stone, and trying it with aquafortis, although I cannot say to the exact proportion—I was of opinion that there was no portion of gold at all in it, from the fact of its being gilt, but I have convinced myself that there is gold in it, by a trial on the touch-stone, which is the usual way with jewellers—I found that out previous to the assay, and previous to going to Guildhall—I had never seen Wilson before the 21st of July—the mob were laughing and making a noise—they did not attack me, but they made a disturbance—he was representing that I had stolen his pins, and wanted the policemen to take charge of me—the policemen were not called by him—I called them, because he was threatening violence towards me, because I would not give up the pins—I have known a person named Cullingford within this week—I never told him that I should not have given the prisoners into custody, only I thought they would have brought an action against me, nothing of the sort—I knew it was their intention to have brought an action against me, as they have done against a great many others on similar occasions—supposing these pins to be genuine, they would be worth full 3l. 10s., or from that to 5l., according to the value of the stones—I was not going to give any price for them—he asked me 3l. 10s.—I looked at them to ascertain their value—precious stones vary greatly in price—supposing these to be genuine, I should sell them at 5l. or 6l.—they certainly would not be worth ten guineas—the weight of gold would be comparatively small—the stones would be the valuable part—the gold, supposing it to be solid, would be worth about 1l. 4s. or 1l. 8s.—I was never in a court of justice as an offender—I was never at Guildhall charged with setting a dog on a person, nor any thing of the sort.
Q. What is the lowest proportion of gold to alloy sold in your shop? A. Gold will not bear a colour under what we call half, or twelve carat—that is the most inferior gold that is made up—these pins are very strongly
gilt—I have heard that a seal has been bought at my shop—the gold in that seal I should say is sixteen carats of gold, and eight portions of alloy—(seal produced)—I call this a gold seal—it has been filed down to the solder, which is used for the setting—this is sold as a filled seal—it is not sold as a solid fine gold seal—it is marked as fine gold, and it is a fine gold seal—it has sixteen proportions of gold to eight of alloy, and these pins have only four to twenty—we cannot tell a real stone without drawing it out of the setting—I never knew pins sold as having diamonds in respectable shops which were not diamonds, nor do I think any respectable man would dare to do such a thing—inferior diamonds and precious stones are not sold for superior ones—when I put a ruby in the window, and call it a ruby, it is one—there are inferior rubies—we frequently put foil under them to throw up the colour, and give them a bright hue—the colour is the quality of the ruby—I do not know what this seal was sold for, but I should consider from 30s. to 35s., 36s., or 38s.—I cannot say positively—there is no gilding on this seal, nor any colouring—coloured gold articles are sold, but no respectable shop sells common gold articles gilt, as coloured gold—sixteen carats fine gold will colour to come up to the colour of standard gold, and it is constantly done—the colouring is not put on—it is the alloy discharged from the surface by a chemical process—gold inferior to sixteen carats will not come up to colour—the process is this, the article is made red hot, and thrown into a composition of acids, by which the surface of alloy is destroyed, and the gold left, consequently the whole of the surface exhibited to view is pure gold—it may be sometimes done rather under sixteen carats, but it must be a very trifle—I