CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
SESSION I. TO SESSION VI.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION.
CENTRAL CRIMINAL COURT.
Held on Monday, November 23rd, 1840, and following Days.
Before the Right Honourable THOMAS JOHNSON . LORD MAYOR. of the City of London; Sir James Parke, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Bernard Bosanquet, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter, Bart.; Anthony Brown, Esq.; Sir Peter Laurie, Knt; Sir John Cowan, Bart.; Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Pirie, Esq.; Thomas Wood, Esq.; James White, Esq.; John Humphery, Esq.; William Magnay, Esq.; and Thomas 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.
JOHNSON, MAYOR. FIRST SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**), that they have been more than once in custody—An obelisk † that a prisoner is known to be the associate of had characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, November 23rd, 1840.
First Jury, before Mr. Sergeant Arabin.
HENRY KIMBER . I am a policeman. On the 3rd of November I met the prisoners in Church-street, Chelsea, about one o'clock in the day, about 500 yards from the prosecutor's house—they were both carrying this iron wheel—I asked where they got it—they said they bought it at a shop in Little Chelsea, and gave 6d. for it—I took them to the station-house—hey described the shop, which I went to, and found it was the prosecutor's—I returned, and then they said they had not paid for it.
Waller's Defence. I had it on my shoulder, and a boy told me to take it.
WALLE.— GUILTY . Aged 12.— Transported for Seven Years—Ship.
WELLA.— GUILTY . Aged 11.— Whipped and Discharged.
NOT GUILTY .
NOT GUILTY .
4. GEORGE HERBER . was indicted for stealing, on the 7th of November, 1 pair of trowsers, value 16s. 6d., the goods of Francis Bartholomew; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 19.— Transported for Seven Years.
GUILTY . Aged 16.— Confined Six Months.
GUILTY . Aged 18.— Transported for Seven Years.
WILLIAM GREEN . I live in Plough-court, Fetter-lane. On the 4th of November I was standing at the corner of Felix-court, and saw the prisoner unbuckle the horse-cloths, and take them off the horses which stood in a wagon at the corner of Durham-street—he put them under his arm, and came away—I followed him, but did not see a policeman—he was taken on Friday—I am sure he is the person—I had seen him before, and knew him well.
RICHARD NASH . I am in the employ of Mary Andrews. On the 4th of November I was in her wagon loading it near Felix-court, Fetter-lane—when I got down I missed the cloths which had been buckled on the horses—I gave notice to the police, and saw them next day—these are them—(looking at them.)
WILLIAM COOPE . (Citypolice-constable, No. 264.) I received information from Green on Friday, and went to the prisoner's lodging—he was not at home, his sister was—I found these horse-cloths on the bed—I inquired where the prisoner was—she said, in Smithfield—I immediately went there, and took him—in answer to questions, he stated that a strange man had given him the horse-cloths to mind, and had never returned to fetch them away.
Prisoner's Defence. I was standing in Smithfield, and had the cloths given to me.
GUILTY . Aged 18.— Transported for Seven Years.
8. GEORGE FARRELL . was indicted for stealing, on the 10th of November, 1 bag, value 1s.; 33 sovereigns, 10 half-sovereigns, 1 crown, 53 half-crowns, 130 shillings, 60 sixpences, and 1 5l. note; the property of John Jarratt.—2nd COUNT. calling it the property of William Gaston.
CHARLES BROOKS . I am book-keeper at the Lewes Arms public-house, Dover-road. On the 10th of November I counted out 38l. in gold, 15l. in silver, and a 5l. Bank of England note belonging to Mr. Jarratt—I put it on the desk, and saw Gaston, the driver of the van, put it into a bag which was tied round with a string—he was to carry it to Mr. Jarratt, at Uckfield—it was in his care.
Cross-examined by MR. PAYNE. Q. Did you give it to him? A. I saw him take it from the desk—I do not know the prisoner.
WILLIAM GASTON . I am in the service of John Jarratt, of Uckfield. On the 10th of November I saw Brooks count some money on the desk—I also counted it—there was 58l., 15l. in silver, one 5l. note, and all the rest in gold—it was put into a bag which I wrapped up in a round frock, and put into the fore part of the van—I saw the prisoner in Blackman-street, Borough, and he came with me to the Elephant and Castle, walking alongside of me behind the van—I knew him before
—he gave me a parcel in Blackman-street, to put into the van—I had not then put the round frock containing the bag in, and I gave it to him to hold while I placed his parcel in the van—he had it about a minute or a minute and half—I then put that in—no one but he, the guard, and I were near it—the guard is not here, he did not see me put it in as he was alongside the horses—when I got to Croydon I misted the bag—I suspected the prisoner had taken it, came back directly, and gave information to inspector Waller immediately—I went with him to the prisoner's lodging, and found the bag and money in his pocket.
Cross-examined. Q. Did not you remain outside while the officer went in? A. I did, but he called me inside afterwards—I am sure the bag was in the smock-frock when I received it back from the prisoner—I parted with him at the Elephant and Castle—he is my brother-in-law—we had not been drinking together at the Lion public-house—we had two pints of beer at the Black Boy, in Blackman-street, about nine or ten o'clock in the morning—he was not the least the worse for liquor, that I saw—I did not drink with him at several places going along—We had something at the Elephant and Castle—that was after I had put the smock-frock into the van—I had it safe after he parted with me—the last place I saw it safe was by the Plough and Harrow, at the bottom of Brixton-hill—I did not see the prisoner, after he bid me good night—the parcel was on the off-side of the wagon, and I walked on the near-side—he might have got it out without my seeing him.
CHARLES WALTER . I am a City police-inspector. The prosecutor complained to me of his loss, and 1 accompanied him to Chapel-court, Finsbury-square, where the prisoner lodged, about eleven or twelve o'clock—I opened the street-door, and knocked at the side parlour door, which was opened by the. prisoner's wife—I asked if George was at home—she said, "Yes"—I walked in—he was sitting by the fire-side—I asked if his name was George—he said, "Yes"—I asked if he was down on the Croydon-road that evening—he said, "No"—I asked if he was along with his brother-in-law as far as the Elephant and Castle—he said, "Yes"—I said, "He charges you with robbing him of a bag of money"—he said, "He is a foolish man, I know nothing about it"—I then called Gaston in, and asked if he was the man—he said, "Yes"—I asked him to stand up, and I saw the end of the bag hanging out of his waistcoat pocket—I took it out—Gaston said, "That is my bag"—in his waistcoat pocket I found this 5l. Bank of England note, and 1s. 2d.—Gaston said, "How could you be so cruel to rob me after the friend 1 have been to you?"—he said, "If I had not robbed you some one else would, in the careless way you put it."
GUILTY . Aged 25.— Transported for Seven Years.
the prosecutor's door, looking at a hat—I watched him for about two minutes—he looked all over it, took it off the stand, and went up the court with it—I directly went in and told Mr. Pound, who went up the court and caught him.
JOHN POUND . This is my hat—I observed the prisoner lurking about my window and watched him—something occurred in the shop to draw my attention off, and I forgot it for a moment, till Corton came in and gave me information—I went up the court and met the prisoner a few yards up coming towards me, without the hat—Corton said, "That is the man"—he said he was not, but the man had gone into a public-house with the hat—I collared, took him to the public-house, and asked the landlord if a man had come in with a hat—he said, "No"—he went out into the court with a candle, and returned with the hat.
Prisoner's Defence. I went up the court to go to the public-house—there were two or three men at the corner of the court.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Three Months.
OLD COURT.—Tuesday, November 24th, 1840.
Second Jury, before Mr. Recorder.
10. JAMES REED . was indicted for stealing, on the 2nd of November, 12 hammer-heads, value 13d., the goods of Charles Joseph Berry; and that he had been before convicted of felony; to which be pleaded
GUILTY . Aged 17.— Transported for Seven Years.—Convict Ship.
GUILTY . Aged 46.— Confined One Year.
12. JOHN MITCHELL . was indicted for feloniously breaking and entering the dwelling-house of Robert Upsall, on the 4th of November, and stealing therein, 1 watch, value 3l., his property; to which he pleaded
GUILTY . Aged 35.— Confined One Year.
13. HENRY JOSEPH HIGGINBOTTOM . was indicted for stealing, on the 24th of October, 2 bags, value 2d.; 11 sovereigns, 1 half-crown, 10 shillings, 4 sixpences, and 1 10l. and 2 5l. notes, the property of James Shaddock and another, his masters, in their dwelling-house; to which he pleaded
GUILTY . Aged 18.— Transported for Ten Years.
14. HENRY LECHMERE. alias Mercer, alias Johnson, was indicted for stealing, on the 17th of July, 5 muffs, value 8l., and 1 pair of cuffs, value 7s., the goods of Charles Williams and another; also for obtaining, on the 24th of October, by false pretences, 33 yards of woollen-cloth, value 4l. 10s., the goods of Charles Warwick; to both of which he pleaded
GUILTY . Aged 19.— Transported for Seven Years.
15. JOHN SMITH . was indicted for stealing, on the 5th of November, at St. Andrew Undershaft, 1 watch, value 10l., the goods of Phillip George Dodd, in his dwelling-house; and that he had been before convicted of felony.
ALFRED DODD . My brother, Philip George Dodd, keeps the house, No. 25, Leaden hall-street, in the parish of St. Andrew Undershaft. On Thursday evening, the 5th of November, the prisoner came to the shop, showed me a gold watch which he had in his hand, and asked my opinion as to the value of it—I gave my opinion, and handed it back—in doing to the glass fell out—he said, "Never mind"—when he had the watch fairly in his hand, he retreated towards the back of the shop, and seeing a gold watch on a raised platform at the extreme end of the counter, he snatched it, made a spring towards the door, and ran out immediately—I followed to the door calling "Stop thief"—a young man followed him by my order—this is the watch—(looking at it)—it belongs to my brother.
Prisoner. Q. How was I dressed! A. Similar to what you are now—the watch is No. 2816, and has the name of "Harris, Cornhill," on it—it corresponds with the entry in our books—I had seen it twice previously several repairs were done to it.
Prisoner. I brought the watch with me from Savannah—I was never in his shop.
JOHN LEWI . (City police-constable, No. 581.) On Thursday evening, the 5th of November, I was on duty in Billiter-square, and hearing the cry of "Stop thief," I ran towards Billiter-street, and saw the prisoner running, calling "Stop thief—there he goes"—several people were about twenty yards behind him, also calling "Stop thief"—I immediately prepared to stop him—he ran violently towards me and struck at me with both his fists—I avoided the blow, and immediately seized his hands, not allowing him an opportunity to open them—I took from his right-hand these two gold watches—he said he wished he had a knife and he would rip my b—y guts open—he was taken to the station-house.
Prisoner. I never said such a word—what time did you take me? A. A few minutes after six o'clock.
CHARLES GIBSON . I am a jeweller in Bishopsgate Within. On Thursday evening, the 5th of November, about half-past five o'clock, the prisoner came and asked to see some gold watches, I think he said three or four—that he was going to Havannah, and wanted to speculate—I looked at him very hard, and asked what description of watch be wanted—he said something at a low price—I took out the lowest priced watch near me, being suspicious—I had scarcely given it into his hand, when a respectable looking man came in and asked for a wedding ring—I said I could not attend to him till I had served this person—he said, "Never mind, I will call again in five or ten minutes"—he opened the door very wide, and the prisoner rushed out as swift as he could with the watch, and the other after him—I went to the door, but by that time he had gone up Camomile-street.
Prisoner's Defence. Both the watches came from New York, where I was born—I could bring three gentlemen to prove it—I solemnly declare that the watch does not belong to him.
MR. DOD. re-examined. The watch had a new pair of plates, a new spring, new hands, the dial done up, and it was cleaned besides—I saw it at intervals as the work proceeded, and I know the work done on it to be the same—this other watch is the one the prisoner tendered to me.
of the prisoner's former conviction, (which I obtained from Mr. Clark's office,) by the name of Samuel Crawcour—I am confident he is the same person—I apprehended him, and was a witness at the trial—(read.)
GUILTY . Aged 35.— Transported for Fifteen Years.
GUILTY . Aged 30.— Confined Two Years.
JOSEPH BLUNDY CHAPLIN . I live in Wine Office-court, Fleet-street. On the 27th of October, my wife's cloak was lost from the house—the prisoner was in the habit of coming to see a lodger—she was taken into custody and then charged her friend, whom she visited at my house, with taking it—that person is not here.
RICHARD SCOTT SHORTREAD . I am shopman to Mr. Abethel, a pawn-broker in Calthorpe-place, Gray's-inn-road. This cloak was pawned on the 27th of October, by the prisoner for 6s., in the name of Mary Smith—I am certain of her—she carried it in her hand.
EDWARD SHAYTER . I am a policeman. I apprehended the prisoner at Somers-town—she said she did not steal the cloak, nor pledge it, but she met a young woman in Fleet-street, who asked her to go with her to pawn it, that she went with her, but did not go into the shop—I asked, if she knew the young woman's address—the said, no, she did not know where she lived, nor her name—I took her to the pawnbroker, and he identified her.
RICHARD SCOTT SHORTREA . re-examined. I am certain she is the woman—I saw the lodger at Guildhall—she bore no resemblance to the prisoner—I cannot say whether the prisoner had any body with her, but she pawned it and received the money—I cannot say the other person was not present, but the prisoner spoke, and said, "Why you lent me so much on another cloak, and this is worth more than that."
JOSEPH BLUNDY CHAPLI . re-examined. The prisoner charged the lodger with the offence—she attended at Guildhall with my wife, to hear what passed—about a week after I missed it, the prisoner came voluntarily to my house, and said the lodger had taken it—she was confronted with the lodger, who denied it—her name is Hitchcock—her husband is a working man—the prisoner came to the house two or three times—I suspected her, because one morning, when I was sitting in the room where the cloak was, she pushed the door open quietly, and when she saw me, she inquired for somebody up stairs—I understand the prisoner worked at the same place as my lodger—I don't know why she accused her, unless it was to get her into trouble—I know nobody named Smith, nor do I know that my lodger does.
GUILTY . Aged 14.— Confined Three Months.
18. WILLIAM TUCK . was indicted for stealing, on the 22nd of October, 1 watch, value 30s.; 1 coat, value 15s.; 1 pair of trowsers, value 10s.; 1 handkerchief, value 2s.; and 1 shirt, value 2s. 6d.; the goods of John Butler: to which he pleaded
GUILTY . Aged 18.— Confined One Year.
JOHN GEORGE . I am a leather seller and lire in Skinner-street. On the 7th of November, about five o'clock, I saw the prisoner take a piece of cloth from a shelf within the doorway of the prosecutor's shop, and walk off about two yards with it—I laid hold of him, and asked what he was going to do with it—he said, "To look at it"—I took him inside, and an officer was sent for—he had got quite clear into the street, and had passed about three panes of the next shop—he was coming down the hill and met me—the cloth was nearly all folded up but about a yard—he had it in his left arm, and was Walking along.
Prisoner's Defence. I had been sent on an errand, and coming back, I was looking into the shop—I took the cloth to the gas to look at, as my mistress had promised me a pair of trowsers.
GUILTY.*. Aged 18.— Transported for Seven Years.
20. JOSEPH GOSLING . was indicted for stealing, on the 23rd of November, 1 half-crown, 4 shillings, 5 sixpences, and 12 halfpence, the monies of Edward Austin; and that he had been before convicted of felony.
EDWARD AUSTIN . On the 23rd of October, as I was returning home in the evening, I saw two boys near my shop window, which lies back two or three yards from the pavement—one of them went into the shop—I followed, and as I went up to the shop, I saw a young man, who to the best of my belief, was the prisoner, coming down the steps—I was dusk—I met my sister at the door, who said the till had been robbed—I tried to pursue the young man, but missed him—I caught Biggins, who was one of those who were looking into the shop, and took Him back—my said he had been there about twenty minutes previously, to know if I wanted any one to work for me—there was about 10s. or 15s. in the till.
RICHARD HILL . I am a police-constable. I took Biggins—he stated something to me—I found the prisoner's cap in Biggin's pocket—I had frequently seen the prisoner wear it—I afterwards found him in the skittle-ground at the Marquis of Granby public-house—when he got outside, he said he knew what I wanted him for—in going to the station-house he said he had sixpence and three penny pieces, which I took out of his hand—at the station-house I took 6d. out of his pocket, and 4s. 6d. he spat out of his mouth on the table, and said, "There is some more of it."
WILLIAM BIGGINS . I know the prisoner. On the 23rd of October I saw him and a person named May—we were coming home—they persuaded me to go into the shop to see if they wanted a young man to work, which I did—then Gosling went in and took the money out of the till—I was standing on the path when he went in, and could see into the shop—May and I were looking in—I had a hat on—I had a cap in my pocket which I had from the prisoner, and I lent him mine, as he said it was warmer—that was about an hour and a half before—I don't know how the prisoner came to go into the shop—we had not talked about it before—I did not
know what he went in for—I saw him in the shop, kneeling down, and saw him draw the till out with his hands.
Prisoner. Q. How far were you from the shop, when you say I crawled in? A. We were standing against the iron railing—I and May both saw you—it was dark—there was another man went into the shop—I could see you through the window.
EDWARD AUSTI . re-examined. I don't believe Biggins could see the prisoner behind the counter through the window from where he was, for he stood at the other side—he could see him crawling round, but not behind the counter—another person went in for a penny loaf, but I saw him go in and come out—I am sure Biggins could not see the prisoner behind the counter.
FANNY AUSTIN . I saw the young man—I cannot say for certain that it was the prisoner—he was in the act of getting up from behind the counter—I let him go to the door, and then wished the young man who came for the penny-loaf to stop him—he tried to do so—my brother came in as he ran down the steps, and I desired him to follow him—I am sure the person who came in for the penny-loaf was not the person who got up from behind the counter—the till was left behind—there was some silver in it, I do not know how much—it was gone—there was a gas light in the shop—a person outside could see through the window and see the till taken.
WILLIAM OSBORN . (police-constable T 61.) I produce a certificate of the prisoner's former conviction, which I obtained from Mr. Clark's office—I was a witness when he was tried—he is the same person—(read.)
GUILTY . Aged 18.— Transported for Seven Years.
GEORGE ROBERT MARSH . I am a boot and shoe-maker, and live in Newcastle-street, Farringdon-street; the prisoner was my apprentice. On the 18th of October, I sent him to Mr. Steward, of Garnault-place, to see if they had got any money for me—he brought back one shilling, which he said was from young Steward, and that the old gentleman had got none for roe this week.
GEORGE ROBERT MARS . re-examined. On the 7th of November, the prisoner brought me 1s. from Mr. Panel, not 18d.—I said, "It won't do, go back with it"—he went back, and brought me 4d. more in about ten minutes, and said it was all Mr. Panel would give for the job.
Prisoner. I generally put down on the slate what I received, but I did not happen to do it this time—master never looked at the slate till the Monday after—he then asked me how much money I had given him—I said, "I don't know"—when I gave him the money I did not think any more about it—he said, "I think you gave me 25." Witness. I did not
find this out till about a fortnight after, as it was not set down—I said, "I only received 1s."—the prisoner said, "Yes, that is all young Steward gave me, the old gentleman had got none for me"—I did not ask him whether he had given me 1s. or 2s.—I am positive of that—I put it down on the slate as 1s. the day after he gave it me—I am sure I did not put down less than I received—I cannot say whether he saw me put it down—I had him from the Union—I had 2l. 10s. with him, and have had him nine months—I afterwards went with him to Mr. Panel, and he said to Mr. Panel's face that he had given him 1s. the first time, and 4d. when he came back.
MICHAEL PANE . re-examined. I paid the prisoner 1s. 6d. in one payment—he never got 4d. from me—when Mr. Marsh brought him to me, he stared me in the face as hard as possible, and said, "You know you only gave me 1s., and when I came back you gave me 4d."—I said, "No, you rascal, I gave you 1s. 6d." and before the Magistrate he owned I had given him 1s. 6d.
GUILTY . of Embezzling 2d. Aged 13.— ConFined One Month.
GEORGE ROBERT MARSH . I sent the prisoner, on the 24th of October, to get so me blacking at Warren's, in the Strand—I gave him half a crown and three sixpences—he brought me back nine bottles of blacking.
JOHN CHARLES MONK . I am in Mr. Warren's employ. On the 24th of October, the prisoner brought Mr. Marsh's card, with an order on it for two dozen large bottles, and one dozen small—he took nine bottles, and said; "Master sends you 1s., and wishes you to send the rest in the course of the week"—he paid me two sixpences, and I entered it in the cash-book.
Prisoner. I gave him 4s.—he asked how much I had, and said, "What do you want with 4s.? 2s. is enough for me"—he took 2s.—I told him master told me to leave the other two for the other blacking. Witness. He only gave me 1s.—he was afterwards brought to me—he stared me out in the same way as he did Mr. Panel, and said he had paid me 4s., and Mr. Warren discharged me instantly, saying he believed the boy's straight-forward way—he swore me out through thick and thin—I did not send an invoice with him—I did with the carman—I credited Marsh with the 1s.
Prisoner. Mr. Warren said if I had gone there with 1s., and wanted 2s. worth of blacking, he would have been the first to kick me out of the place; and he said he had once put 3s. on a desk, and told the witness to put it in a box, but when he came home he had not done so. Witness. The value of the blacking was 8s.—2s. worth was delivered to him, which was half-a-dozen, and three bottles I let him have on account of the dozen, as he said his master was out of them—we knew Mr. Marsh—the prisoner wanted to pay me 6d. off of the other three bottles, but I would not take it, as it would have made the accounts queer—I have been three or four months in Mr. Warren's service—I have endeavoured to regain my place, and have had a policeman in plain clothes to find out the prisoner's character, and see whether he kept company with thieves—I take my oath I received no more than 1s.
JURY. Q. Did Mr. Warren dismiss you for receiving only 1s., when
you delivered goods to a greater amount? A. He believed the boy, being so young, and giving such a precise account of three sixpences and a half-crown, which he said he gave me—Mr. Warren said, "Mr. Monk, I believe the boy's straightforward way, and I shall not require your services any more"—I said, "Very well, but my friends will not let it rest here."
Prisoner. Mr. Warren said he had taken things from him before. Witness. He did not, to my knowledge—he did not say my accounts had been wrong before—I cannot remember his saying he suspected me of two or three little things—there might have been a few orders posted up, which Mr. Warren scolded me for.
NOT GUILTY .
23. WILLIAM BAILEY . was indicted for stealing, on the 19th of November, 1 dead goose, value 5s.; 6 dead plovers, value 1s.; 4 dead rabbits, value 2s.; and 1 basket, value 6d.; the goods of John Garen.
JOHN GAREN . I deal in poultry, and live in Little Chapel-court, Southwark-bridge-road. On the afternoon of the 19th of November, I was in Leadenhall-market—I bought a goose, six plovers, and four rabbits, and put them into my basket, which I hung up outside Mr. Howard's shop—I saw the prisoner walking along with the basket, I followed and caught him with it, and asked what he had got—he said he was going to leave the basket for a pint of beer—I gave him in charge.
Cross-examined by MR. PHILLIPS. Q. Have you been drinking to-day? A. I have had half-a-pint—I did not notice that the prisoner was tipsy, he was walking along very quietly with the basket—I had seen him in the market now and then, but never spoken to him.
GUILTY . Aged 27.— Confined Two Months.
NEW COURT.—Tuesday, November 2th, 1840.
fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 16.— Transported for Seven Years.—Convict Ship.
EDWARD PARRY . I am shopman to Edward Jones, a linen-draper, of Aldgate. The prisoner was in his service—on the 6th of November, I accidentally went to the prisoner's drawer, and found thirteen duplicates, one referring to a blanket, which we have lost—this ii it—there is also a yard of calico found, which is my master's.
Cross-examined by MR. BALLANTINE. Q. Where did you find the calico? A. At his father's house—I had not seen it at any particular time—there is a mark on it in my own handwriting—it was not new, it was used as a wrapper, it may be worth 6d.—the drawer was used by the prisoner exclusively—there was no lock on it—it is down in the cellar—
other parties had access to the cellar—I had seen the blanket previous to his coming to our house—I think he came on the 24th or 25th of August—I had not observed it after that—we have women servants in the house, they make the beds, but he made his himself—he slept in a part of the shop divided for the purpose—this duplicate is the same in appearance as one in the prisoner's drawer—I will not swear that it is the same—it was for a blanket—there is a mark on the blanket—it is joined—it was on his bed.
HENRY BOWMAN . I am a pawnbroker. I produce a blanket, pawned at Mr. Vespers's, in the Commercial-road, on the 5th of October, by a person in the name of William Witte, for 1s. 6d.—I do not know by whom.
NOT GUILTY .
ROBERT JOHNSON . I am a perfumer, in Cornhill—the prisoner was my porter in August, 1839, and had been so for twenty months. I have lost a dressing-case—I cannot say when I lost it—I missed it on the 6th of October this year—this is mine—I have no doubt of it.
Cross-examined by MR. BALLANTINE. Q. How do you know it? A. By a particular mark on the top outside from its being tied up before the varnish was quite dry—it was unsaleable from that circumstance—I will swear I never saw one marked in that way—I do not know that I can swear that I never had one marked' like it—having a stock of these things I did not miss it—I have constantly one shopman—I had the same shopman last year—I gave orders to my shopman not to sell the box when it first came to my house—it was intended to be sent back to be repaired—I never had more than one man selling—he is not here—when the case was complete it would be worth 40s. or 35s.—I can swear to it by the razorcase with razors, which have my came on them.
JOSEPH BURTON . I am shopman to William Henry Fleming, a pawn-broker, in Whitechapel. I produce this case pawned on the 4th of December, 1839, for 3s. by a man, I cannot say who, in the name of William Witte.
Cross-examined. Q. Are you certain you found that one? A. I found one similar—I cannot swear to that—it was given in my presence to Wreford.
GUILTY . Aged 21.— Confined Eight Months.
(There was another indictment against the prisoner.)
LEWIS THOMAS. I am in partnership with William Thomas. We lost
thirty pairs of stays and six pairs of boots at the end of October—these are them—(looking at them)—they were taken from a truck.
EDWARD JACOB RODMELL . I am porter to Mr. Brothers, in Cheapside. About six o'clock in the evening on the 24th of October, I was drawing a truck with two paper parcels, a trunk, and two boxes—some one told me something—I looked, and missed this parcel—I saw the prisoner with it in his arms—I went after him—he was walking on the pavement—I collared him, and told him the parcel was taken from my truck—he said it was found at his feet, and afterwards that a man had put it into his arms—he struggled to get away—he knocked my hat off, and got a short distance.
Prisoner's Defence. I was coming down Noble-street; a man threw it into my arms—this young man said, "You have stolen my parcel;" I said, "No," I had picked it up; he collared me; I said, "Don't collar me;" he said, "I shall;" I never lifted my hand to him.
(The prisoner received a good character.)
GUILTY . Aged 22.— Transported for Seven Years.
EDWARD MILES . I am a cabinet-maker, living in Luke-street, Paul-street, Finsbury. At a quarter-past six o'clock on the evening of the 15th of November, I was walking with my brother-in-law in Barbican—my brother-in-law jogged me—I did not take notice—he jogged me again—I looked round, and saw the prisoner behind roe drawing my handkerchief from my pocket—I asked him what he meant by doing that—he said, "What!" and began to abuse me—he had got my handkerchief in his hand—I told him to go on, or else I would give him in charge of the police—he told me to go on myself.
Cross-examined by MR. BALLANTINE. Q. Was it entirely out of your pocket? A. Yes, and in his hand—I work for myself at present—my brother lives with me—he goes with a traveller—it was quite dark—as I talked to him about it the policeman came up, and I gave him into custody—this is my handkerchief—I had a lapel coat on—the handkerchief was in the pocket behind—I am quite certain it was not hanging out—I had just before put it into my pocket—I am certain I had put it to the bottom of my pocket—he said, "D—n your eyes, go on yourself—he did not say the handkerchief was falling out of my pocket.
GEORGE FLOWER . I was walking with my brother-in-law on the 16th of November—I saw the prisoner follow us from Smithfield to Barbican—I looked over my shoulder, and saw him draw a handkerchief from my brother-in-law's pocket, I seized him by the collar, and kept him till the officer came up, and we gave him in charge.
Cross-examined. Q. How far had you got before the policeman came? A. Not ten yards from the place—he ran away after the policeman took him, not before—my brother took the handkerchief, and told him to go on, but he began abusing us—I was willing that he should go.
THOMAS DUNGLISO . (City police-constable, No. 125.) I was on duty about six o'clock in Well-street—I heard a cry of "Stop thief—I ran towards the place, and saw the prisoner—he altered his course, and ran up the Crescent—he had been in the hands of another officer—who is ill.
GUILTY . Aged 20.— Transported for Ten Years.
CHARLES DINGLE . I am shopman to Mr. Garrett, in Cornhill. I was walking along Aldgate, on the 5th of November, at a quarter-past eleven o'clock in the morning—I felt my handkerchief drawn from my pocket, and the prisoner passed me with it in his band—he rolled it up in one hand, and ran up a court in Whitechapel—he threw it under a wagon—I am sure that he is the man that I saw with my handkerchief—I struck him once, because he was resisting two men who were holding him.
JAMES HAL . (City police-constable, No. 644.) I was coming up Petticoat-lane—I saw a number of people running—I went up—the prisoner was there—he was then stopped, and the prosecutor gave him in charge—said, "You must go to the station-house"—he said, "I will go quietly"—he then began to kick and plunge, and knocked my hat off.
Prisoner. I was going to a cry of "Stop thief"—the prosecutor took hold of me, and struck me in the mouth.
GUILTY . Aged 19.— Confined Six Months.
JOHN GENTRY . I am a carter in the service of Mr. Miles, of Romford; I left my great coat in the cart on the 7th of November, while I went to Mr. Brooks's wharf for two bundles of empty sacks—when I came back my coat was gone—I saw the prisoner in King William-street with it on, about half an hour after—I said, "Where did you get that coat?"—he said, "It is not yours"—I said, "Yes it is, you pull it off ".—he said, "It is not yours"—I said, "Yes it is"—he would not pull it off, and I gave him in charge—this is my coat, and the toll ticket was in the cuff of it.
Prisoner. Q. Did I not tell you I bought it? A. Yes.
Prisoner's Defence. I bought it at Billingsgate that morning of a man who I knew by his being in the market.
GUILTY . Aged 21.— Confined Six Months.
WILLIAM TROTT . I am in the employ of George Phillips, a grocer, in Aldersgate-street. About eight o'clock on the 11th of November, a woman came into the shop and told me something—in consequence of which I went out and saw the prisoner with a box on his shoulder—I took him by the shoulder and asked where he was going—he shifted the box and threw it down—I held him till I had some assistance—this is my master's box—it contains about 271bs. weight of raisins—I had seen it safe five minutes before.
Prisoner's Defence. A man asked me if I would earn 6d.—I said, "Yes," I waited a few minutes and he brought this box; this man came after me, and the box fell off my shoulder.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Six Months.
32. GEORGE JOLLY . and JOHN CALLADINE were indicted for stealing, on the 9th of November, 1 purse, value 3d.; 2 shillings, 1 six-pence, and 1 half-franc, the property of Fanny Greensmith, from her person.
FANNY GREENSMITH . I live in Cressey-street, Rathbone-place. Between three and four o'clock on the 9th of November, I was on Ludgate-hill—I had a purse containing two shillings and a sixpence in one end, a half-franc and a bit of paper with an address on it, in the other—this is the purse—(looking at one)—it contains the paper and half-franc—I know I had my purse safe at twenty minutes after three.
Cross-examined by MR. BALLANTINE. Q. You are single? A. Yes—I believe I was christened Frances, but I have always gone by the name of Fanny—this was on Lord Mayor's day, a little before four o'clock—I was not with Parthenia Pool—there was a crowd there, and I had some difficulty in making my way through.
Cross-examined. Q. Where was Calladine standing? A. Exactly before me, at the station-house door, in Black Horse-court—there were plenty more people round the door besides Calladine, but none between him and me—I have mentioned this to the policeman—I have spoken to him about this to-day, and before, not frequently—I do not know whether the policeman told me that he knew Calladine, I did not ask him that question—I do not think he told me what he had seen Calladine do before—I did not talk to the policeman about it before I went before the Magistrate—I did not say that I saw Jolly attempt to put it into his hand—the first person I told was the Lord Mayor—I did not mention it to any body before.
EDWARD HOLDNES . (City police-constable, No. 341.) Jolly was brought to the station-house, in Black-horse-court, Fleet-street, on another charge—he tried to get away—I went to assist, and at the door I saw Jolly put his hand behind him, and Calladine attempt to take something from him, and this purse was dropped, which I took up—it has a piece of paper in it, and a half-franc piece.
Jolly's Defence: I was going to the Lord Mayor's-show; at the corner of Farringdon-street there was a great pushing; I was standing near the prosecutrix, and she accused me of stealing her reticule—in going up the court a great many people came up, and the purse was dropped, not by me.
(Jolly received a good character.)
JOLLY.— GUILTY .
CALLADINE— NOT GUILTY .
33. GEORGE JOLLY . and JOHN CALLADINE . were again indicted for stealing, on the 9th of November, 1 bag, value 1s.; 1 handkerchief, value 9d.; 1 purse, value 3d.; 1 half-sovereign, 4 half-crowns, 7 shillings, 1 sixpence, 1 penny, 2 halfpence, and 2 farthings; the property of Parthenia Pool, from her person: and that Calladine had been previously convicted of felony.
PARTHENIA POOL . On Lord Mayor's-day I was in Farringdon-street. I had a reticule, containing the property stated—I felt it go from my arm—I looked down by my left-hand side, and saw it in Jolly's hand—I
caught hold of him, and desired him to give me my bag—I saw him try to pass it to Calladine, but he dropped it on the ground—I am sure that Calladine was there, he was quite close to him, and they were both close to me—Jolly was taken into custody—when he was taken to the station-house Calladine followed him there—he could not know at that time that I had seen Jolly attempt to pass the bag—he asked my friend what was the matter, he said he did not know—this is the bag and its contents, it was cut from my arm—at the station-house door I saw Jolly attempt to pass something to Calladine.
Cross-examined by MR. BALLANTINE. Q. What time was this? A. About a quarter before four o'clock—there was a great crowd—a lady picked the bag up, and gave it to me—my friend's name is Samuel Payne—I went before the Magistrate on the Tuesday following—they were remanded—I did not talk to the policeman till after I had been before the Magistrate, not till the second occasion—Calladine was charged on the first examination.
SAMUEL PAYNE . I was with the prosecutrix in Farringdon-street on this afternoon—I saw her suddenly turn, and struggle with Jolly—I turned round—she exclaimed, "I am robbed"—I instantly collared the prisoner—some lady picked up the reticule, and gave it to the prosecutrix—I took it from her, and kept it till we got to the station-house, when I gave it to the policeman—this is it.
Cross-examined. Q. You were walking arm-in' arm with her? A. Yes, as near to the parties as herself.
Jolly. Q. Did you see me drop the bag? A. No, I saw it drop.
JAMES PORC . (police-constable K 91.) I produce a certificate of Calladine's former conviction, which I got from Mr. Clark's office—(read)—he prisoner is the person who was tried by the name of John Carradine.
JOLLY.— GUILTY . Aged 21.— Transported for Ten Years.
CALLADINE.— GUILTY . Aged 27.— Transported for Fifteen Years.
OLD COURT.—Wednesday, November 25th, 1840.
First Jury, before Mr. Sergeant Arabin.
34. HENRY TOTEN . was indicted for stealing, on the 26th of October, a certain post letter, containing 1 box, and 1 ring, value 10s., the goods of, her Majesty's Postmaster General; also for stealing, on the 12th of October, a certain post letter, containing 1 5l. bank-note, the property of her Majesty's Post-master General: to both of which he pleaded
GUILTY . Aged 15.— Transported for Ten Years.
GUILTY . Aged 28.— Transported for Seven Years.
GUILTY . Aged 13.— Whipped and discharged.
SAMUEL JUKES . I live with John Pare and others, ironmongers, in Chiswell-street. On the 4th of November the prisoner came in company with another boy who asked for a pennyworth of tacks—I had seen the prisoner before—he then attempted to take a parcel, but my attention was called away by a boy—in about a quarter of an hour he came again with another—the other asked for some tacks, and during the time I saw the prisoner take a parcel, and walk off—I called a young man, who stopped him at the door, and he threw it down—it contained these two sconces.
Prisoner's Defence. The other boy took them.
GUILTY.*. Aged 18.— Transported for Seven Years.
JOHN TEMPLEMAN . I am a bottle-merchant, and live in Star-street, Paddington—the prisoner was employed to wash bottles for about six weeks. On the 3rd of November I suspected him, and as he was coming out to go to his dinner at one o'clock, I told him to take off his coat—he would not—I said if he would not I should take it off for him—he took it off, and these eight bottles were in his pocket—he said, "It is the first time I ever had any."
GUILTY . Aged 63.— Confined Three Months.
Before Mr. Justice Bosanquet.
39. ARTHUR LEGENT PEARSE . was indicted for that he, on the 16th of October, in and upon Elizabeth Pearse feloniously did make an assault, and with a certain loaded pistol did shoot at her, with intent feloniously, wilfully, and of his malice aforethought, to kill and murder her.—2nd COUNT. stating his intent to be to maim and disable her.—3rd COUNT. to do her some grievous bodily harm.
MESSRS. PHILLIP. and BALLANTINE. conducted the Prosecution.
JOSEPH ROSE . I reside at No. 4, Park-terrace, Islington, and am a member of the College of Surgeons—I am acquainted with the prisoner and Mrs. Pearse likewise—her Christian name is Elizabeth. On the 16th of October they lived at No. 23, Bedford-place, Kensington—I called on them there about one or two o'clock that day, and found them at home—I staid dinner with them—we sat down to dinner about two o'clock—the table was in the centre of the room—there is a conservatory behind the room, and opposite the conservatory at the other end of the room is a window—Mr. Pearse sat down at the bottom of the table with his back towards the conservatory—Mrs. Pearse sat opposite to him with her back to the window—I was sitting on Mrs. Pearse's left-hand with my back to the fire, and my right-hand to Mr. Pearse—there was a sofa on the other side opposite me—we sat down to dinner—I was helped to a mutton-chop, which I passed to Mrs. Pearse—I took the next plate that was offered, containing a mutton-chop—Mr. Pearse took a portion of a chop himself—he put two portions into his mouth at separate times, and spat each portion out of his mouth
on to the plate—he then got up suddenly, and said it was sultry, that he was suffocating, and the window must be opened—he rushed to the window, passing on the side opposite to me where the sofa was—when he get to the window he stood behind Mrs. Pearse, and I heard him exclaim, "you have been poisoning me for some time," or, "Some days, I shall be dead in three days"—I then heard the report of a pistol—he was at that time standing close behind her—I saw a flash behind Mrs. Pearse on her left side, and heard her cry out, "Save me," of "Protect me," or some such expression—she then slipped from the chair on which she had been sitting—I immediately jumped up, and stood face to face with Mr. Pearse, and endeavoured to occupy his attention while Mrs. Pearse escaped—the crawled from her position on the ground to the conservatory behind—I did not see any pistol at the time—I asked the prisoner if it was real, or meant as a feint—he said, "No"—I said, "What, loaded?"—he said, "Yes, by G—d"—I then went into the conservatory after Mrs. Pearse, and saw her in the garden—she had descended the steps of the conservatory—I then went back into the room—I found Mr. Pearse still there—he was very much agitated, and struck his head with his band—he said he was poisoned, and should be dead in three days—I then looked out of the window, and saw Mrs. Pearse in the road—I went out to her, and found the cook with her—I observed her dress was smouldering like tinder—she cried out to extinguish the fire, which I did—she was then taken to a medical man—I returned to the house, went into the nursery, and saw the children—Mr. Pearse was not in the nursery—he was in the parlour—he asked where Mrs. Pearse was gone, and I told him—I asked to see the pistol—he objected at first, but on my pressing he showed it to me—I found it had been discharged, and returned it to him—I then went to Mr. Taylor's—the prisoner followed me—I found Mr. Taylor at' home, and had some conversation with him and Mr. Pearse—Mr. Pearse then left Mr. Taylor's—I did not follow him—I think I remained at Mr. Taylor's with Mr. Pearse near half-an-hour—he left the house first—I followed Mr. Taylor's son, who went for a policeman—I did not return to Mr. Pearse's.
Cross-examined by MR. CLARKSON. Q. How many children has this unfortunate gentleman? A. Three—he has been married, I fancy, four years—I believe the youngest is a baby at the breast—Mr. Pearse was at home when I went there—he opened the door to me—the eldest little boy was present at the dinner-table—I believe he is turned three years of age—he was in the room at the time Mr. Pearse discharged the pistol, but was not at the table—he was on the opposite side of the table to me—it is a moderate sized parlour—he was at the right band side of his mother, close to her.
Q. Was there any thing about the apartment, or in the atmosphere, to warrant the supposition that he was in a state of suffocation? A. The day was certainly a very close one—I cannot explain his feelings—I knew Mrs. Pearse before her marriage, and have known her during the four years she has been married—I have never observed any thing in her conduct to warrant any conclusion, but that she was a tender, affectionate, and kind-hearted mother and wife.
Q. And the unfortunate gentleman himself, when collected, was he a kind father, and affectionate to his children? A. My visits were at such long intervals, and so short, I have not had the opportunity of judging, but I never saw the contrary—he never showed me his boots for the purpose
of having my opinion whether they had been saturated with arsenic or not—I had no idea that there was any thing like poison in what we had for dinner—I had partaken of a portion—there was nothing to excite such a suspicion—the chops were well cooked, and in an ordinary manner—there appeared nothing in Mrs. Pearse's conduct to justify any excitement or violence in him—my visits there were at long intervals, twice this year—I have not seen Mrs. Pearse since this—I am decidedly of opinion that she is in every respect an irreproachable and well conducted person.
Prisoner. A view appears to be taken of my case by both parties, which I hope to prove to the Court is perfectly unfounded—I wish to put a few questions to the witness.
Prisoner. Q. After Mrs. Pearse went into the conservatory, and you followed her, do you remember what she said? A. I do not think there was any exchange of words—when she got into the garden she said she was shot—she might have said, "He is mad—he is always mad, "but very indistinctly, if she did—I think it is not at all unlikely, but I am not very quick of hearing—I do not remember her passing through the parlour from the garden—I know I saw her in the street when I returned from the back of the house to the front parlour, and I said to you, "There is Mrs. Pearse."
Prisoner. She went into the garden, and returned up the conservatory steps into the parlour, and in doing that she must of necessity have passed me—there was no means of her getting into the street except through the parlour, and if it was my intent to do her any serious injury, or any bodily harm, could I not have effected that purpose when she' passed within two feet of me? Just previous to my entering the room you were having a conversation with Mrs. Pearse, of a particular nature, will you be good enough to state what that conversation was; I heard the termination of it, which threw me into the state of excitement in which I was—I heard a few concluding words, which showed me what the nature of the conversation was; was not Mrs. Pearse putting questions to you as to the pregnancy of her sister, Mrs. C——? Witness. Not a word—I will swear it—I have heard reports of your jealousy of a person, but I do not know the Individual you allude to, without you point him out.
Prisoner. May I be permitted to name the individual I suspect? my jealousy of him is notorious to my whole house.
MR. CLARKSON. Q. Have you any reason from any thing you know, to place the slightest reliance on those reports? A. None whatever—it appears that they have been circulated by Mr. Pearse himself—I do not believe there is the slightest foundation for any such supposition.
Prisoner. Q. But you do not believe, I presume, that I do not believe it? A. I cannot answer that—no conversation took place between Mrs. Pearse and myself respecting what you have said—I most decidedly say it must be a delusion altogether.
Prisoner. My Lord, the name of this person must be produced, I have no hesitation in saying, because that is the main feature on which I ground my defence, and the unfortunate cause of this desperate assault; the gentleman I allude to, is Mr. R——B——C——he is the person who I have every reason to believe has been instrumental in seducing my wife's affections entirely from me, and leaving me in the wretched state in which you see me here.
MR. CLARKSON. Q. Do you believe there is the slightest foundation for attributing to Mr. C——any misconduct whatever? A. I have a very slight acquaintance with Mr. C——, but I do not believe that there is the slightest foundation whatever, from the knowledge I have of Mrs. Pearse's character—Mr. C——is the husband of Mrs. Pearse's sister.
Prisoner. Q., You remember the visit before last, which you paid at my house, when you found Mrs. Pearse indisposed? A. Yes, she was up stairs—your conduct to her was very kind and husbandly—you asked my opinion about her—she came down that evening, and I saw her.
AMELIA CRUTCHFIELD . I am cook in Mr. Pearse's service. I received Mrs. Pearse's clothes, I observed marks of burning under one of the arms—I searched the dining-room that evening, to try if I could find any shot, but found none—next morning I trod on something, which turned out to be a bullet—I gave it to Mr. and Mrs. C——the policeman has it—I know where my mistress had been sitting—the bullet was near her place, near the window.
Cross-examined by MR. CLARKSON. Q. How long have you lived in the family? A. Three months and three weeks—I was not aware that Mr. Pearse kept loaded fire-arms about the house—Mr. and Mrs. C—were both there to tea on the day I found the bullet—Mrs. C—was sitting in the chair mistress had sat in that day—the officers had been looking about before that—Mr. C——is an independent gentleman, I think—I do not believe he has been guilty of any impropriety whatever with Mrs. Pearse—I only saw him once before the accident occurred—I have no reason to believe he was separated from his wife—they were there together when I found the ball—I do not bear the least ill will towards Mr. Pearse—if he has a delusion that I am one of his bitterest enemies, there is no foundation for it.
Prisoner. Q. Do you recollect, a few nights before the unfortunate occurrence took place, my having a dispute with Mrs. Pearse, relative to some silver plate, which was not in the house, I begged of Mrs. Pearse, and importuned her to let me see into the box—if the plate was there? A. You did desire her to let you see into the box, you said you thought it was her intention to run away in the morning, and take the plate with her—she would not suffer you to look into the box till the morning—she did not call you a nasty stinking old beggar—she said you were mad to ask her to open the box at that time of night, she bad no objection in the morning—that was between eleven and twelve o'clock, when they were going to bed—mistress had gone up to bed—she did not call you a pockmarked wretch, and an ugly old hound—Grace, the nursery-maid, did not say that when Mr. C——visited at the house he was mistress's friend, and not master's—you always kept your bed-room door locked, and would not permit any body but me to make the bed—your jealousy of Mr. C—was not notorious to my knowledge—I never beard it mentioned in the kitchen by the servants—I never heard it from the girl who left—I never heard that it was feared, three or four weeks before this happened, that your son John had swallowed a bullet.
MR. CLARKSON. Q. Was the reason given by the prisoner for keeping his bed-room door locked, that he believed Mrs. Pearse was poisoning him by degrees, and putting arsenic into his lips, when he was sleeping? A. No, I never heard it—he would not suffer any body but myself to clean the room, and he would not permit it to be cleaned as it ought to have been.
SAMUEL TAYLOR . I am a surgeon and apothecary, and live in High-street, Kensington. On Friday, the 16th of October, between two and three o'clock in the day, Mrs. Pearse was brought to ray house—I had her taken up-stairs and stripped, and found there was a pistol-shot on the left side, under the arm-pit—I do not mean that I found the actual shot there, but the explosion of gunpowder, and a great deal of coagulated blood—it was black for two inches round—the clothes were burnt—I attempted to probe the wound, but found nothing had entered it—it was quite superficial, and a slight wound—the prisoner came to my house soon after, and appeared very agitated indeed—he asked whether Mrs. Pearse was hurt—I said, "Yes" (this was not in her presence, but down stairs)—he was very anxious to go up, very importunate indeed—I refused to let him—he said she had been poisoning him, and they should both be dead in about three days, or that be should be dead in about three days—as he importuned so much to go up, I felt in his pocket, and found a pistol—I examined it, and it had been recently discharged—I returned it to him.
Cross-examined by MR. JONES. Q. How long have you known the prisoner? A. About four years—I attended his wife with three children, and have seen a good deal of him—he was in a very ill state of health from about October last year, to January this year, and he was ill previous to that in 1838—he was attended on the last occasion by Dr. Marshall Hall, Sir Charles Scudamore, Dr. Kerrison, and myself—I cannot define what his illness was, more than general excitement, first on one subject, and then another, particularly about the state of his heart—he complained very much of his heart, and I consider it excited his mind—he was in a very disturbed state of mind—there certainly was fever, which I thought of the rheumatic order—in the course of my professional attendance on him I found he had occasional delusions on given subjects—in my opinion he was wrong in his opinion of his disease—he went to excess in the opinion of his complaint.
COURT. Q. What was his delusion? A. He thought his disease more important than it was—he considered he should die, and he had sleepless nights—I thought there was no foundation for it—I considered that he was labouring under a great deal of nervous excitement—that state existed nearly the whole time I was attending him—he used to say he and Mrs. Pearse did not agree, but nothing else—of course I wished to keep his mind off those things, as I consider they add to the excitement—he did not seem under excitement as to his wife's conduct—he did not speak of her conduct in particular, but said, unfortunately they did not agree—I have had opportunities of observing Mrs. Pearse's conduct in many instances—her conduct was unexceptionable, as far as I know—I never saw any thing to justify any suspicion—I have seen him in bursts of crying—he would come to my house and talk of his indisposition, and suddenly burst out crying.
Prisoner. Q. Did you not sometimes see me three times in the course of a day? A. I have, during the time I have been mentioning—I bled you very largely one morning, by desire of Dr. Scudamore—you had blisters applied to the nape of your neck many times—you passed many nights without sleep.
Q. Did not you remark on the unfeeling conduct of Mrs. Pearse in leaving me entirely to the servant, never coming into my room even to inquire Low I was, nor come to give me medicine? A. I believe the
question was first put to me by you, and I replied, it Was unfeeling, but I was not privy to the fact—I think I once found Mrs. Pearse in your room when I called, but there was a servant in constant attendance on you—I was only there occasionally—I attended you for nearly six weeks the last time—Dr. Kerrison was there when 1 saw Mrs. Pearse in your room—I cannot tell whether she came in at his desire—you have told me Mrs. Pearse had independent property of 400l. a year—you have complained of Mrs. Pearse persisting in dipping her children in cold water in the winter, and making them ill by it, but I did not know it for a fact—I think, as a medical man and a husband, what you said ought to have been attended to on such a point—the children are quite well now—I have not seen Mrs. Pearse for a fortnight—I believe she is at Kennington—the children are at home with the servants, except the infant—that is with Mrs. Pearse—you did not tell me of Mrs. Pearse cutting your cheek open with a stick at Boulogne, soon after your marriage—I have called you in to assist me with your advice, as a medical man, when Dr. Kerrison was attending a young man who had mortification in his arm—I have called you in to see three of my patients—one was a person who fell down suddenly with cholera—I never heard the servants say that Mrs. Pearse had threatened to send you to die in a mad-house.
MR. CLARKSON. Q. If you had been aware that he was under the delusion of being poisoned by his wife, and subject to such fits of delusion, should you have thought him a man whose advice should be taken as to the management of his children? A. I should not—I merely called him in at the moment—I have no doubt he is a clever surgeon—I did not consider him a confirmed maniac—I do not consider dipping the children in cold water would affect the children's health—it became necessary that Mrs. Pearse should leave the house, since this affair, for a change of scene—her guardian and friends have shown the most anxious solicitude for the welfare of herself and children—I have no reason to believe that there is the slightest foundation either for her infidelity or attempt to poison him—I should have thought the excitement and fever in which I found him, in the early part of the year, was likely to affect his mind.
GEORGE DUNBAR . I am a policeman. On the 16th I saw the prisoner at Mr. Taylor's—I searched him, and found a pistol, which I produce—it had been discharged—I went to his bed-room, and found the fellow pistol to it in the drawer, loaded with ball—it is loaded now—I searched the room below to see if 1 could find any bullet, but could not—I found marks of shot on the wall.
ROBERT HORNE . I am a police-sergeant Between eleven and twelve o'clock, on Friday the 16th of October, I was at the station-house—Mr. Pearse came to me, and said be wished to see me in private, as he had something to state of a painful nature—I heard him in private—he stated that he fancied Mrs. Pearse had been endeavouring to poison him by putting poison into his coffee, and also into his pudding, and he asked me to go and search her boxes—he laid although he had not any proof he felt so unwell for the last fortnight from palpitation of the heart—I told him I thought it was only fancy—he said he fancied his sheets bad been damped when he slept apart from Mrs. Pearse—he thought they had been sprinkled with water in the day-time, that he might catch cold by it—I told him it was a case I could not interfere in, and he must apply to a solicitor—between two and three o'clock the same day I received information, in
consequence of which I sent Dunbar to Mr. Pearse's house to take him into custody—I afterwards received him into custody—when I heard the nature of the charge, I said to him I was very sorry to hear it was Mr. Pearse, after seeing him the first thing in the morning—he made no answer for a moment, but when the pistol was put on the table in the charge room, I asked him whether he had not the fellow pistol to that which was taken from him—he said, "Yes, I have, it is in my bed-room, and that I intended for myself had I succeeded"—he also said it was a very unfortunate affair, and he hoped he had not hurt her—I went down to the house that evening, and examined the room—the position of Mrs. Pearse, when the pistol was fired at her, was described to me—I examined the wall opposite to see if there were any marks—I saw six apparently shot marks—I endeavoured to find some shot, but found none.
Cross-examined by MR. CLARKSON. Q. Did you search carefully? A. I did, on my hands and knees.
MR. CLARKSO. called the following witnesses.
SUSAN NICE . I lived in Mr. Pearse's service for four years, and left five months ago—I had opportunities of observing the manner in which Mr. Pearse conducted himself—he was sometimes quiet in his conduct—he was very irritable at times—I have seen him in a passion and violent, but that was very seldom—he was very often irritable—I have heard him say he thought the sheets of his bed were damped in the former part of the day, and that Mrs. Pearse had done it—he did not say why he thought so—he always kept his bed-room door locked, and did not permit persons to go in to clean it—on the Friday before I came out of the house he took his bed off the bedstead, and put it down on the floor—he did not say why he did that—he brought a bed out of the servant's room up stairs instead—he brought it down to his own room with my help—he said he wished to have it changed—I suppose he thought I had damped the bed on the Friday, because he would not suffer me in the bed-room after I had scrubbed the room that Friday—the room was in a filthy state through his not allowing any one to go in and clean it—I once heard him say he thought Mrs. Pearse had damped the bed—that was about two months before I left—I do not remember hearing him express any other suspicions against Mrs. Pearse—as far as I could judge she appeared to be attentive and affectionate—there was no foundation for supposing she had damped his bed.
Prisoner. Q. Did not Mrs. Pearse leave me entirely without any aid and assistance during my illness, which occurred more than twelve months ago? A. She did not wait on you much—she sometimes came into your bed-room to inquire how you were—I do not know how often—I do not know whether she did so more than once—I dressed the blister at the back of your neck—I staid in your room one night when you were very ill—Mrs. Pearse was not present when you were bled or cupped—she did not give you medicine or food during your illness—I did it—I do not remember telling Mr. Taylor that Mrs. Pearse's conduct to you was very shameful and unfeeling—I did not tell my cousin Austin, the linen-draper, so.
MR. CLARKSO. Do you know whether at that time he had been representing that his wife was poisoning him when she did go near him? A. He used to fancy so—he said he thought she did it—Mrs. Pearse's last child is between four and five months old—it was born before I quitted—she was large in the family way at the time of his illness.
Prisoner. This occurred last October twelve-month—Mrs. Pearse was only just pregnant in January, 1840, so that could not account for her inattention.
SAMUEL MELLISH . I am a boot-maker, and live in Bell-yard, Carey-street. I have known the prisoner many yean—his first wife was my cousin—I have been on friendly terms with him and his wife—I remember his illness at the latter end of last year—I have observed a very considerable change in him since then—I always thought him particularly mild in his conduct until after that illness, and since that he has appeared remarkably irritable on very slight occasions—I never heard until very lately that he entertained any suspicions of his wife—very lately I heard him say he suspected she had put arsenic into his boots from the colour of his stockings—he said they were of a reddish brown—since this charge he has several times expressed a belief of his wife's infidelity to him, repeatedly within the last fortnight—he mentioned Mr. C——as the person to whom lie attributed the seduction of his wife—I think he said he suspected her with other persons also—I have observed the conduct of Mrs. Pearse towards him—she always appeared to me a kind affectionate mother—Mr. Pearse always appeared to be nervously anxious about his children—if they cried he always thought she did not pay sufficient attention to them, and appeared to be in a great state of excitement—his excitement did not appear at all warranted by the cause assigned—I told him the contrary—when he is self-possessed and collected, he is remarkably quiet—he was always fond of pistols from a youth—I believe he used to practise shooting at a mark—I know he had pistols when he was a medical student—In ever observed him guilty of any violent acts towards persons, except towards Mrs. Pearse, he appeared violently irritable on slight occasions—in my judgment there has been no foundation for that irritability—the time I saw him most violently excited was when a child was crying, and he said, "I know you are not having that child attended to properly"—she maid, "Don't fidget about it, I have told the girl to attend to it"—he appeared dreadfully excited at being answered in that manner, and said Mrs. Pearse would not care if the children were dead—this was about the beginning of last year—he continued to fancy himself ill, but I thought he was well—that was after he bad been taken ill—I did not call there again for six months, I felt so much hurt at what I saw; and when 1 called again a few months ago I told him I was glad to see him in such good health—he said, "Yes, my health is better, but I am as I was when you saw me before, in dreadful excitement"—Mr. and Mrs. C——are very respectable people—I do not believe there is the slightest foundation for his suspicions of his wife's infidelity, or that she intended to poison or do him any injury.
SIR CHARLES SCUDAMORE . M. D. I know Mr. Pearse. I have attended him professionally on two occasions. On the 18th of October, last year, I paid my first visit to him, and attended him, as well as I can remember, about a fortnight, regularly—I called to make inquiry occasionally afterwards—my last memorandum of a visit, is the 2nd of April this year—at the latter end of last year I found him labouring under much general fever, much heat of skin, a very loaded tongue, a full and quickened pulse, a countenance exhibiting considerable wildness of expression, and the eyes suffused, with considerable redness—he represented that his heart was the seat of disease, and complained of violent palpitation, which he said was sometimes so excessive that he thought it would burst—he was persuaded that he had a dangerous state of disease of the heart, and he thought he
might die suddenly—he described that he had been wholly deprived of sleep for several nights—I examined him carefully, both by queries and by my eye, to ascertain whether his representations were correct or not—I exercised my best judgment in the remedies I applied for the complaint, but the result of my opinion was, that there was not the disease he suspected, namely, an organic affection of the heart—the action of the heart, it is true, was very unnaturally increased, but I thought that the brain was the chief seat of morbid excitement—I had not been made acquainted with his delusion respecting his wife's infidelity, or attempts to destroy him; if I bad known it, it would certainly have strengthened my opinion that the brain was the seat of disease—I treated him regularly for a fortnight—after that my opinion was that there was a general and very marked disturbance of the whole nervous system, indicated by the remarkable absence of sleep on most nights, by the most gloomy state of spirits, by the most unreasonable ideas of the nature of his case, having still a fixed persuasion that his heart was incurably diseased, notwithstanding his acute fever had passed away in consequence of the treatment I had employed; in fact, he passed into the chronic state of the same malady—all that I saw wrong with regard to his mind, related to his own disease, of which he had the strongest misconception—I did not perceive any act of his denoting derangement, but from the state in which I left him, it was probable his mind would be affected.
COURT. Q. Was it your opinion at the time that it would be affected, or is it your opinion now? A. I did think so then.
MR. CLARKSON. Q. Regard being had to the state of mind in which you left him, and what you have beard to-day, his suspicions of his wife, shutting himself up in a dirty room, having a belief of her intent to destroy him, and his conduct to his wife at the time in question, what should you conceive to be the state of his mind when he discharged the pistol at her? A. Most assuredly that he was not in a sane state of mind—I should say that most confidently—that is a state to which I conceived his mind might arrive, from the state in which I left him, although in the beginning of his disease I might assign false ideas of the state of delirium; but when it went into a chronic form, and he continued to indulge false delusions, I considered him in a state of monomania, in which case he would very readily have his ideas perverted, and take up with any delusions that might engage his thoughts and feelings.
Prisoner. Q. You say my pulse was extremely high—did you think my complaint was only a nervous one? A. That term would not describe your case when I first saw you—I think in the continuation of the illness the nerves were ultimately distinctly disturbed—I mean without the excitement of the fever, and the disordered state of the stomach and liver, which were so remarkable in the commencement of the illness; in the state of fever and inflammatory excitement in which you were, I advised a loss of blood, and I beg to say, under the same circumstances of disease, I should exercise the same treatment—I have not an exact recollection of the medicines I prescribed—when the symptoms were highly acute, I thought it right to prescribe tincture of digitalis and hydrocratic acid—I consider they were calculated to benefit the nerves in that state of the disease—I did not direct such medicines when the fever had passed away, and there was a chronic state of the disease, but in the early state—the abstraction of a large quantity of
blood does not of necessity bring on a nervous disorder—I considered the indication of the brain, at my first visit, to be of an inflammatory nature, and with which I thought the heart sympathised—I judged it expedient and necessary to direct the removal of blood—although you never recovered, you got into a better state of health—the medicines were administered on the same view of the disease as that on which I directed the abstraction of blood—it was not to be expected, that in the highly irritable and disturbed state in which you were, you should coincide in opinion with me—except as related to your disorder, I did not find any irregularity of mind—but on my visits the conversation was confined to your case—we did not discuss general subjects—you did not put me in possession of any opinion you entertained of the infidelity of Mrs. Pearse, nor of her doing you any harm.
At the prisoner's desire the following witnesses were examined.
EBENEZER CLARK . I am a grocer and draper at Snaresbrook, in Essex. The prisoner is my first cousin, we were boys together, and I have known him lately—in matters of business he has conducted himself perfectly sane—but I consider, in domestic matters, acting under strong delusion—his conduct in other respects has been very mild and gentle—he has prescribed for my daughter very recently—I have a high opinion of his medical skill.
REV. JOSEPH PARKER . I am a clergyman, living at Kensington. I have some slight acquaintance with the prisoner, I have known him between two and three years—I have observed him at times excited in his manner—he did not give any cause for it, except that he said he was low, and there was no amusement for him at Kensington—he was not violent, but in a nervous state of excitement—I could not see any cause for it—he had been ill some months before—I never heard that he was exceedingly annoyed and vexed, at Mrs. Pearse's putting the children into cold water, against his wishes—that plan is not adopted in my house—I saw him attending a Miss Barker some months ago—I saw nothing extraordinary at that time, he appeared rational—he attended as a medical man—I visited her as a clergyman—I never judged that his mind was otherwise than sound—this was nearly two years ago, before his illness.
NOT GUILTY.—Being insane.
40. EDWARD BELL . was indicted for burglariously breaking and entering the dwelling-house of Robert Hodgson, about the hour of one in the night of the 29th of October, at Willsden, with intent to steal, and stealing therein, 1 smock-frock, value 5s., the goods of Charles Evans: 1 pair of clogs, value 1s., the goods of Arabella Hodgson: 1 pair of pattens, value 8d., the goods of Sarah Hale: 1 towel, value 6d.; 2 brushes, value 1s.; 1 nightcap, value 3d.; 1 bag, value 3d.; and 1 glove, value 6d., the goods of the said Robert Hodgson.
SARAH HALE . I am servant to Robert Hodgson, of Willsden-green, Middlesex, in the parish of Willsden—he keeps the house—on the 29th of October, at half-past six o'clock in the morning, I was surprised by a knock at the front door—I went to it, and nobody was there—I then went to the back kitchen door, and found two policemen at the back door, which was open—I know it was shut overnight, and was safe when I went to bed—I found the back kitchen shutter split from top to bottom, and one pane of glass broken—I missed a pair of pattens, a pair of clogs, of Miss Arabella
Hodgson's, and a round frock belonging to Charles Evans, a black lead and shoe-brush, a round towel, a bag, and an under night cap, belonging to Mr. Robert Hodgson—I had seen all the articles safe the night before.
Cross-examined by MR. BALLANTINE. Q. Where were the articles taken from? A. All from the back kitchen—there was property of much greater value in the house—some meat was taken belonging to John Mead, who sleeps in the house—I went to bed about half-past nine o'clock—I am certain I did not go before nine o'clock.
HENRY HALL . I am a policeman. On the 29th of October, I was on duty in Edgeware-road between one and two o'clock in the morning, and heard footsteps coming down Dolly's-hill-lane—I waited two or three minutes and the prisoner came up the lane—I asked where he came from—he said from Kilburn—I asked which way he came from Kilburn—he said by Kneesdon, and he had been at the Dog public-house having something to drink—I asked if they kept open till that time in the morning—he said no, he had been to a friend's house since he left the public-house—I asked what he had got under his arm—he said "A smock frock, do you suppose I stole it?"—I said, "Where did you get it?"—he said he bought it at Kilburn at a pawn-shop, and gave 3s. 6d. for it, and a pair of pattens he bought at the same place for 8d., that the night cap was his wife's, and the other articles were his own—I asked where he was going—he said to Mill-hill—I asked, if he lived there—he said, "Yes"—I took him into custody, made inquiry and found Mr. Hodgson's house broken open—I have the articles here—he bad some in his hat and some in his pocket, the smock-frock, pattens, and clogs were under his arm.
Cross-examined. Q. Those were all the articles he had about him? A. Yes, except a purse and knife of his own—there was the wick of a candle in the purse, nothing else—I have had him in charge once before for stealing a half guinea, which he gave up—he was not tried for it—I have not made inquiries as to his state of mind—he had the piece of a bone of a breast of mutton in his pocket—I did not remember that before—the prisoner had part of it to eat in the cage—the rest was destroyed, as it remained in the bag about a week, and got bad—I showed it at the police-office—he said he wanted something to eat, and there was no house open to get anything—I did not show the meat to the servant.
JOHN MEAD . I drive Mr. Hodgson's team, and sleep in the house—I got up a little before six o'clock in the morning, and saw the shutter open in the back kitchen, but I did not go to it—I went to the door to go out to do my horses—I went out at the back-door—that was fast, and the other gate next to the yard was on the latch, which I had fastened about half-past nine o'clock overnight—I went and fed my horses, and directly afterwards two policemen came down—I have seen the prisoner several times—he worked at our house for about two months, nearly six months ago—he did not sleep in the house, but he used to come to the back-door for his money—he was employed draining the land—I saw nothing of him that night.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 33.—Recommended to mercy.— Confined Twelve Months.
and 8 shillings, the property of William Humphreys, in his dwelling-house.
JANE CLAPPERTON . I am servant to William Humphreys, who kept the Pine Apple public-house in Hungerford-street, Strand. On the 1st of March, 1839, between three and four o'clock in the afternoon, I was in the bar—a man, very much resembling the prisoner, came to the bar and asked for some bread and cheese and beer—I served him—while he was eating it, another man came in and went into the tap-room—I went in after him—he did not join or speak to the prisoner—I was away from the bar about three minutes—I left a tin cash-box in a little drawer inside the bar—I had seen it safe about a quarter of an hour before—I had not left the bar from the time I saw it, till I went into the tap-room—a person could reach it by leaning over the counter—when I returned, the man resembling the prisoner, was gone, and the cash-box also—he had only taken a small portion of his bread and cheese and beer, and left the rest—the drawer was a little way open—there was four sovereigns, four, half-sovereigns, and about 8s. in the cash-box—I immediately gave on alarm, and went to the door—I saw Kinsman, and told him what had happened—I have never teen the cash-box again.
Cross-examined by MR. PAYNE. Q. When did you first see the prisoner after the time you say you saw the person resembling him at your house? A. Not till the 18th of this month, when I went to Bow-street—I am not living in the same place now—to the best of my recollection I had seen the person before, who had the bread and cheese—I do not of my own knowledge know what was in the box—I know there was gold in it.
THOMAS KINSMAN . On the day of the robbery, I had charge of a gentleman's horse and chaise—I observed the prisoner walking up and down Hungerford-street, facing the prosecutor's house, and saw him peep through a hole in the shutters several times—as soon as some men came out, the prisoner went in—I saw him come out in about five minutes with the cash-box under his arm, and run away—I saw him again six months after the robbery, but he made his escape before I could see a policeman to give him in charge—I have known him five years, and have worked for him.
JOHN LAWRENCE . I am a police-sergeant. I received information at the station-house in Bow-street, on the 1st of March, 1839—I saw Kinsman that afternoon at the prosecutor's—I tried to apprehend the prisoner, but was not successful till the 5th of this month, when I took him at a beer-shop in Pocock's-fields, Islington—Kinsman went with me, and recognised him.
Cross-examined. Q. The prisoner is proprietor of that beer-shop, is he not? A. I understand so—I inquired for him at pretty well all parts of the town, but could not hear the least of him—I found him at the beer-shop, in consequence of information I received—I had been out days and nights after him—I looked for him in Covent-garden market, but not latterly, he was a greengrocer, and dealt there—I never saw him there—I would not undertake to say he was not there—I was never able to find him—Mr. Humphreys is confined to his bed.
(Witnesses for the Defence.)
WILLIAM HORNER . I kept the Rutland Arms public-house, Hampstead-road. I have known the prisoner four or five years—he kept a beer-shop since May last, and bore an honest character, or I would not have recommended him to my brewer—I saw him in May, and three or four
months before—he was following his own business as a tailor, in March, 1839—he was a greengrocer three years ago.
CHARLES HORNER . I am brother of the last witness—I kept the Queen's Arms public-house, Red Lion-passage, Holborn—I have known the prisoner four or five years—I have seen him about for the last year and a half—he was working for his father in March last.
JAMES BLACK . I am the prisoner's father—he has been in a beer-shop for the last five months, and he has occasionally staid with me when out of business for six months—before that, he was living in lodgings in New Road, and was to be seen every day—he was a tailor then—in 1839, he was living in Chelsea, and worked for me in Drummond-street, Euston-square—he was a greengrocer for three years—he left off that at the beginning of 1838.
NOT GUILTY .
NEW COURT.—Wednesday, Nov. 25th, 1840.
Sixth Jury, before Mr. Common Sergeant.
MESSRS. ELLI. and BODKI. conducted the Prosecution.
THOMAS COWLES . I am a chandler, living in New-street-hill, Shoe-lane. About seven o'clock in the evening of the 30th of October, the prisoner came to my shop for a quarter of an ounce of tea, which came to 1d. She gave me a bad sixpence of William the Fourth—I returned it to her to let her see it was bad—she said nothing—I asked her where she got it—she said she had it given to her—she turned out of the shop—I do not know that I should know the sixpence again. About a quarter of an hour after a policeman showed me two sixpences—I thought one was that the prisoner had offered me—I did not see the prisoner again till the Tuesday afterwards.
CAROLINE EMMA STEVENS . My father is a baker, in Little New-street, Shoe-lane. in the 31st of October, about 4 o'clock in the afternoon, the prisoner came for 1d. worth of bread, and gave me a bad sixpence—I told her it was bad—she said she was not aware of it, and insisted upon having it back—I did not give it to her—I called the policeman, and gave her in charge—she was very insolent—I gave the sixpence to the policeman.
WILLIAM MARKWICK . (City police-constable, No. 370.) At seven o'clock in the evening of the 30th of October, I saw the prisoner in Cowles's shop—I heard them talking about bad money as I was standing close to the window—I saw him give the prisoner a sixpence—I stopped her as she came out, and asked for the bad sixpence—she gave it to me from her hand—I had had my eye on her from the time she left Mr. Cowles—she had no opportunity of changing it—I asked if she had any more—she gave me another sixpence wrapped up in paper—she was taken to the station-house and examined at Guildhall on Saturday the 31st, and was discharged about one o'clock. At four o'clock that afternoon I was called by Miss Stevens, and received from her a sixpence—I produce the three sixpences.
GUILTY .—Aged 24.— Confined Six Months.
SARAH SPURRETT . I am the wife of George Spurrett, of Rose-street, Covent Garden—I have a stand in the market. On the 26th of October the prisoner came and bought half-a-pint of nuts, which came to 2d.—he gave me a shilling—I gave him 10d. change—the officer came up just as the prisoner got to the corner of the Piazzas—I showed him the same shilling—in consequence of what he said I wrapped it in paper, and kept it separate till the next day—I then gave it to the beadle.
Prisoner. Q. Where did you put it? A. I had it in my left-hand—I did not put it into my pocket—I was not aware that it was bad—I looked about for you.
RICHARD MOORE . I am beadle of Covent-garden-market. On the 26th of October, at half-past two o'clock, I saw the prisoner near Spurrett's stall—Spurrett showed me a shilling which she had in her hand—I saw that it was bad—I then saw her wrap it in paper—she after that gave it to me—I produce it in the same paper.
GEORGE SPURRETT . I am the husband of Sarah Spurrett. On Tuesday, the 26th of October, the prisoner came to my stand, And bought a pint of nuts, which came to 4d.—he gave me a half-crown—I saw it was bad—I returned it, and refused to serve him—he went away—on the Thursday he came again, between seven and eight o'clock in the morning, and asked for half-a-pint of nuts—he gave me a bad shilling—I collared him, and gave him in charge—I gave the shilling to Johnson.
FREDERICK JAMES JOHNSON . I am a beadle. The prisoner was given to me and this shilling—as I was taking him to the station-house he said, "I suppose you think you will make a job of this, but you won't."
Prisoner's Defence. I was not aware the shilling was bad.
GUILTY . Aged 19.— Confined Six Months.
LUCY SMITH . I am the wife of Thomas Smith, who keeps the Chequers public-house, in Tothill-street, Westminster. On the 24th of October the prisoner came for three halfpenny-worth of gin and cloves, which I drew—she tendered me a shilling—I found it was bad, and asked how she came to give me that—she made no answer—I called Mr. Smith—he examined it—the policeman was sent for, and took her—the shilling was broken, and given to the policeman.
DENNIS DEVIN . (police-constable B 61.) I was at Mr. Smith's on the 24th of October—I received the prisoner and the pieces of shilling, which I produce—she said if I would let her go that time she would never do so again—next day she was discharged by the Magistrate.
GEORGE HARTTREE . I am a haberdasher, living in Edgeware-road, Marylebone. On Saturday morning, the 31st of October, the prisoner came for 3d. worth of cotton—I served her—she offered me a counterfeit half-crown—I told her it was bad—she said nothing—I knew her before by coming to my shop—a policeman came, and I gave her into custody with the half-crown, which I marked.
WILLIAM LIQUORIS . (police-constable D 173.) On the 31st of October I was at Mr. Harttree's, and took the prisoner, and received a half-crown from him—this is it—the prisoner said in going to the office, "I suppose I shall be committed."
GUILTY . Aged 17.— Confined Six Months.
NOT GUILTY .
MESSRS. ELLIS. and BODKIN. conducted the Prosecution.
JOSEPH WORMALL . (police-sergeant H 16.) On the 28th of October I went with two other officers to the Red Cow public-house, Shoreditch—I concealed myself at the back of the premises in a skittle-ground—in about half an hour I saw the prisoner come to a certain place, and put his hand down to a corner of the wooden fence—I heard the sound of money rattle—he went away, and returned to the public-house—after he was gone I went to the place where he put his hand, and found a bag with 14 half-crowns and 22 shillings, all counterfeit—I took out three half-crowns and three shillings, and gave them to Burcham to mark—I then put the bag in the place I took it from—I then sent one officer to the front of the house, and the other to the back—I staid in the skittle-ground, and in about an hour the prisoner came into the skittle-ground again, and went to the same place where the bag was—I heard the sound of money, and as he was returning I followed, and stopped him—he wanted to know what was the matter—I said, "Nothing particular," but I wished to be satisfied before he left the ground—I sprung my rattle, and Burnham came—I searched the prisoner, and found 2s. 6d. in good money, as bad sixpence, one shilling, and a halfpenny in copper—I went back to were I had left the bag—I could not find it—I then turned on my light, and found the earth was removed, and the bag was covered with mould—no other person had been to that corner between the time I was there and the prisoner going there—I showed the bag to the prisoner—he said he did not know any thing about it—there was an attempt to rescue him, but we got him away—there was no deficiency in the bag—it had been removed about two feet, and covered with mould—I cannot swear that when he first arrived there was no bag there—it was sufficiently light for me to see the man that came first—there—was a light in the passage—I was at the end of the ground, and I could see his person quite distinctly.
TIMOTHY TOOME . (police-constable H 89.) I produce three half-crowns and a sixpence—I was with the sergeant—the prisoner is the person that came in—the fence where the bag was is where the boards are put to keep the skittles—we could see him plainly come in on the left-hand side—he put his hands down, and we turned on our lights the first time to see the bag, we then kept our lights under our coats.
GUILTY . Aged 59.— Confined Two Years.
GUILTY . Aged 17.— Confined Six Months.
MR. COWAN. conducted the Prosecution.
THOMAS WALL . I live with my mother, Ann Wall, who keeps a pork-shop in Jermyn-street—I manage the business—the prisoner was under my mother's employ below in the manufactory. I have suspected him some time, and on the 28th of October I was in search of some pork, and found one piece secreted in the middle of a truss of hay in a loft over the stable—that part of the premises can only be entered through the house—I marked it in presence of my foreman, and replaced it—the prisoner asked to go home that day, and when he went out the policeman apprehended him in my presence—I saw the piece of pork taken from inside the waistband of his trowsers—as he was going to the station-house be turned to me, and said, "Master, I hope you won't be hard with me."
Cross-examined by MR. CLARKSON. Q. What were his wages? A. Ten shillings a week—I was in the country in the summer, and when I came back he asked for an advance, and I agreed to give him a joint of meat a week, worth about 2s.—he is married and has a family—he did not tell me he could not support them—I always gave him the meat, it was about 4lbs., for his Sunday's dinner—he had been with me about seven months—I had a very good character with him.
(The prisoner received a good character, and Mr. Keate, a butcher, promised to employ him.)
GUILTY . Aged 22.—Recommended to mercy.— Confined Seven Days.
GEORGE FOWLER . I live in Caroline-place, Kingsland-road, and am a ladies' boot-maker. On the 15th of October the prisoner came to me for work—I left him at work next morning when I went down to breakfast—I came back in about five minutes, and he had left, and two pair of boots were gone—I have never seen them since—no one else had been in the house—they could not get in unless they came into the room where I was sitting—the prisoner came down, and went out, but as I was attending to my children, who were at breakfast, I did not notice him—I had seen the boats safe three or four minutes before.
NOT GUILTY .
GEORGE MARS . (police-sergeant T 8.) Between six and seven o'clock that evening I was on duty in Great Turnstile, and met the prisoner with a basket, which contained these articles, which I have produced.
Prisoner. I was employed to carry the basket containing these articles; I showed the policeman the man who employed me. Witness. He pointed down the street, but I saw no man.
GUILTY . Aged 18.— Confined Six Months.
(There were two other charges against the prisoner.)
Fifth Jury, before Mr. Sergeant Arabin.
WILLIAM BALLARD . I am clerk of the church of St. John the Baptist, Hoxton. I produce the register of marriages at that church—on the 16th of December, 1838, the prisoner Thomas Poole and Priscilla Sparks were married there—I could not recollect the woman—I have known the prisoner from a child.
Cross-examined by MR. PHILLIPS. Q. What age do you suppose he was in 1838? A. About eighteen or nineteen—it stands in the book that they were both of full age—the Minister did that, as the prisoner told him—I did not undeceive the Minister—I could not do it—it is against the law—I could not help it.
HENRY PARKER . I am a carver. I was at this wedding—the prisoner had worked for me some time—I did not know the woman till I saw her on the morning of the wedding—I believe they lived together afterwards,—I saw her at the police-office, but I never visited them.
Cross-examined. Q. How long had you known the prisoner? A. About two months—he appeared quite a young man.
MARY TRUMPER . I became acquainted with the prisoner between three and four months ago—I was then a milliner—I knew him two or three months, and we were married at Aldgate-church, on the 11th of October—he represented himself to me as single—we lived together a fortnight, and he then went away—I expected him home on the Saturday night, and as he did not come I went after him to a public-house—I there heard he was married—I went to his father's the next morning, and found the prisoner, and the woman that called herself his wife—she said she knew we were married.
Cross-examined. Q. He tells me he got acquainted with you on the 31st of August? A. I cannot say the day—he got no money from me, nor I from him—I met him first at Lee Bridge—he told me where he worked before my marriage—when I went to give him into custody he said he thought the first marriage was illegal as he was under age—I understood that his first wife knew of my marriage—I did not think it worth my while to go to where he worked to inquire after him—I knew where his father lived, and the night before I was married I and the prisoner passed by where his brother lived—I did not go to his father or his brother to ask about him.
COURT. Q. Before you married him you say he represented himself as single? A. He did, and I had no reason to believe or know that he was married.
GUILTY . Aged 22.— Confined Six Months.
52. WILLIAM MASON . was indicted for stealing, on the 10th of October, 1 composing-stick, value 2s. 6d., the goods of Benjamin Jones; 1 composing-stick, value 2s. 6d., the goods of William Biggar; and 1 composing-stick, value 2s. 6d., the goods of Robert John Hart well.
BENJAMIN JONES . I am a compositor, and live at Bermondsey; I work at the Statesman newspaper office, in the Strand. I do not know the prisoner, but I know the composing-stick produced—it belongs to me.
WILLIAM BIGGAR . I work at the same printing-office, as a compositor. This other composing-stick is mine—I left it safe in the frame on Friday evening, the 9th of October—I missed it on Monday morning, and saw it at the pawnbroker's on Monday evening.
Prisoner. Q. When did you see it safe? A. Between one and two o'clock on Saturday, the 10th of October.
GUILTY . Aged 25.— Transported for Seven Years.
53. WILLIAM MASON . was again indicted for stealing, on the 17th of October, 27 printed books, value 8s.; 1 brush, value 1s. 6d.; and 1 paper knife, value 6d.; the goods of Alaric Alexander Watts: 1 composing-stick, value 2s., the goods of Charles Macintosh; 1 composing-stick, value 2s. 6d., the goods of William Arrol Masson: and 1 composing-stick, value 2s., the goods of George William Maddick.
THOMAS HOLMAN . I am in the employ of Mr. Alaric Alexander Watts, in Crane-court, he is proprietor of the "United Service Gazette." These books—(looking at some)—are his, and were taken from his private room in Crane-court—I do not know the prisoner—they were missed on the 17th of October, and were found at the prisoner's lodging, in my presence.
WILLIAM ARROL MASSON . I belong to the same office. I lost a composing-stick from the office—this is it—(looking at one)—I left it safe at the office on Friday night the 16th of October, and missed it the next morning—I do not know the prisoner.
Fetter-lane—he was with me nine months, in the first-floor back room—the officer found some property there—the prisoner is a compositor.
Prisoner's Defence. I assure you I am quite innocent—I never was in the offices in my life, and no witness can say they ever saw me there—I bought these goods of a person name John Ward, at the White Swan public-house in Fetter-lane—I got acquainted with him in May last—he worked at the Ladies' Magazine, which I had the management of at that time—he wanted 25s. for them—I gave him 10s. there, and told him to call the next morning at my lodging—he called, and 1 paid him the money—he gave me a receipt—I have not seen him since—he said he was going to New Zealand.
JURY. to THOMAS HOLMAN. Q. Do you know a person of the name of Ward? A. No, there was no such person in our office.
GUILTY . Aged 25.— Transported for Seven Years longer.
(There was another indictment against the prisoner.)
54. ELIZABETH HOLBEIN . was indicted for stealing, on the 24th of October, 1 table-cloth, value 4s.; 1 table-cover, value 2s.; 1 shirt, value 1s.; 3 napkins, value 3s.; 2 knives, value 6d.; 2 forks, value 6d.; 1 printed book, value 6d.; 1 pinafore, value 1s.; 4 towels, value 2s.; 2 handkerchiefs, value 3s.; and 1 blanket, value 4s.: the goods of Edward Byas.
EDWARD BYAS . I am proprietor of an establishment at Bow, for the maintenance of persons who are supported by their friends, from various causes—the prisoner was an inmate—she was sent by her father to lie in—she came in May last, and for a long period we have been missing things during their being washed—on the 26th of October my wife told me something—I went to the ward where the prisoner was, and saw her standing with her hands on her box that was locked—I requested her to open it that I might see whether any of my missing things were in it—she said she had lost the key—I said I would open it—she said, "No, you must not do that without a search-warrant"—I sent for a policeman—it was nearly half an hour before the prisoner produced the key, and this property of mine (looking at it) and a great variety of other things belonging to different individuals of the establishment, was found in it.
Prisoner's Defence. I lost a great many things of my own, and a great many things were sent up by mistake—as I lost my own things, I thought proper to keep them.
GUILTY . Aged 20.—Recommended to mercy by the Prosecutor.
55. MARIA STILLMAN . was indicted for stealing, on the 3rd of October, 3 napkins, value 10s., the goods of Clara Heskett, her mistress: also for stealing, on the 12th of October, 1 brooch, value 1s. 6d., the goods of Sarah Minnell; to both of which she pleaded
GUILTY . Aged 22.— Confined Three Months.
GUILTY . Aged 13.— Confined Six Days and Whipped.
JOHN KETLEY GARRETT . I am a baker, and live in Brunswick-street, Hackney-road. The prisoner was in my service, and I had suspicion that he was for some time robbing me, but I could not tell how—at last I found that by getting out some side drawers he could get his hand over the top of my till—I marked some coppers on the 27th of October and put in the till—at five o'clock the next morning I called the prisoner—the money was then all right, and at seven I missed three pence and six half-pence, which I had marked—I called in the policeman, and he called the prisoner and accused him—he denied it at first, then pulled out this marked money and one shilling—these are what I marked—(looking at them.)
(The prisoner received a good character.)
GUILTY . Aged 15.—Recommended to mercy.— Confined Three Months.
WILLIAM WARNE . I am a shoemaker, and live in Bell-street, Lisson Grove. On the evening of the 7th of November, I saw the prisoner looking in at my shop, and thought I saw her take a pair of shoes from the board—she went away—I followed, and stopped her about two or three hundred yards from the house—I asked her what she had got—she said, "Nothing"—I said, "You have"—she then said, "Oh, dear, I have got a shoe"—I said, "You have got two"—she said she had, and I took from her this pair of boots, which are mine—they had been outside my window on the board.
GUILTY . Aged 45.— Confined Six Weeks.
HANNAH COWAN . I am the prosecutor's daughter. On the 21st of September I sent the prisoner into the City to my mother, with a cloak, three umbrellas, and a pair of clogs—he took them, and did not return—the articles produced are them.
MARY POOR . I went to nurse my daughter—I was sweeping the door-way, and the prisoner came and asked me to buy this cloak—(looking at it)—I refused, and said I did not want it—I at last bought it of him.
of the prisoner—he said his father had a quantity of them at Uxbridge Fair to sell, and he had left him two to sell to get him through the day.
GUILTY . Aged 15.—Recommended to mercy.— Confined Three Months.
THOAMS GRIMSTON . I am a Thames Police officer. On the 4th of November I was on duty on board the police-galley off the Strand Wharf—I saw the two prisoners come down from a wood wharf on the shore—Rice went on the Ravensbourne barge, which belongs to Mr. William Pale—he took several lumps of coal out, and placed them on the ground—Hughes tied them up in a bundle and went away—I went on shore—Hughes dropped the coals, and the prisoners ran away—I lost them for an hour and a half—I then took them in James-street, Covent-garden—Hughes said, "I will tell you the truth, Rice stole the coals, and I picked them up"—I knew both the prisoners as mud-larks about the shore—they were the prosecutor's coals, and they were on his wharf.
Bice's Defence. I did not take the coals off the barge.
Hughes. He took them off the barge, and I picked them up.
RICE.— GUILTY . Aged 13.
HUGHES.— GUILTY . Aged 14.
Transported for Seven Years.—Convict Ship.
SUSANNAH ELIZABETH SMITH . I am sister-in-law to Thomas John Sinclair, who keeps a china and glass warehouse in Old-street. On the 26th of October, the prisoner came to ask the price of two figures in the window—my attention was taken to a person at the door, and as I turned I saw the prisoner drop his hand—I said, "You have taken something"—he denied it—I said, "You have, don't tell me a story"—I took hold of his hand, and saw a paper in his pocket—I took it, and it contained these twenty-four large glass drops, which are my brother-in-law's, and had been on the counter.
Prisoner. I took them out of my pocket myself.
GUILTY . Aged 15.— Transported for Seven Years.—Convict Ship.
SARAH WATSON . I live in Bath-street, Tabernacle-square. On the 23rd of October, I had some linen to dry in the passage—a person came and spoke to me, and I missed a shirt which had been safe a little time before—I went out and saw the prisoner—he was given in charge, and said if I had not given him in charge he would have told me where it was—I said it did not belong to me, I had it to wash, and I must make it good—the shirt is quite lost.
CHARLES SABINE . On the 23rd of October I saw the prisoner on the other side of the Curtain-road, about two hundred yards from the prosecutrix's—I saw him give something white to another boy—I heard a cry
of "Stop thief," and took the prisoner, who was then looking into a shop window—the prosecutrix ran up and said she had lost a shirt—I asked if he had got it—he said, "No," and I left him in the prosecutrix's charge.
Prisoner's Defence. I was looking in a shop; the prosecutrix came up, and I said I saw a boy run by with something, I showed her where I had seen him, but I knew nothing of him; I did not say I would tell her where it was.
NOT GUILTY .
EMMA LIGHT . I am the wife of John Light, and live at Pimlico. I missed a cap, which was hanging up in our yard to dry, about half-past five o'clock, on the 6th of November—I went out, and came up with the prisoner—I accused her of stealing the cap—she said she had not got it—the policeman saw it fall from her—this is it—(looking at it)—I had not seen the prisoner before—she reached over the fence, and got it out of my yard.
Prisoner. I hope you will have mercy on me—it is the first time I ever was in Newgate.
RICHARED COLLE . (police-constable B 110.) I produce a certificate of the prisoner's former conviction, which I got from the office of the clerk of the peace at Westminster—(read)—the prisoner is the person.
GUILTY . Aged 34.— Transported for Seven Years.
OLD COURT.—Thursday, November 26th, 1840.
Second Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 40.— Confined Seven Days.
65. WILLIAM BURN . was indicted for stealing, on the 30th of October, 1 shirt, value 9d., the goods of Henry Walker Brown; 1 round frock, value 6d.; and 1 hat, value 2s.; the goods of James Wright, in a vessel, on a certain navigable canal, called the Regent's Canal; to which he pleaded
GUILTY . Aged 19.— Confined Three Months.
66. LETITIA STRINGER . was indicted for stealing, on the 11th of November, 3/4oz. weight of tea, value 3d.; 1/2lb. weight of bread, value 1d.; 31bs. weight of coals, value 1d.; and 3 oz. weight of butter, value 2d.; the goods of William Saddler; to which she pleaded
GUILTY . Aged 35.— Confined Three Months.
67. SARAH LUCAS . was indicted for burglariously breaking and entering the dwelling-house of Francis Boott, about the hour of twelve, in the night of the 22nd of October, at St. George, Bloomsbury, with intent to steal, and stealing therein, 11 spoons, value 2l.; 1 tea-pot, value 4s.; 1 table-cover, value 3s.; 1 table-cloth, value 2s.; 1 counterpane, value 4s.; 1 shawl, value 5s.; and two books, value 2s.; his goods: 2 gowns, value 6s.; 1 pair of boots, value 5s.; and 1 petticoat, value 1s.; the goods of Sarah Chapman: 5 gowns, value 16s.; and 3 petticoats, value 5s.; the goods of Elizabeth Chapman.
SARAH CHAPMAN . I am servant to Francis Boott, of No. 24, Gower-street, Bedford-square, in the parish of St. George, Bloomsbury, it is his dwelling-house. On the 22nd of October I went to bed, between ten and eleven o'clock—the parlour-window and all the house was fastened—I got up about a quarter to seven o'clock—when I came down I perceived the street-door open, and missed the articles stated, some of which are mine and some my master's—the parties had got in at the front parlour window, and out by the street-door—I have known the prisoner some time—she was in the habit of coming to see me, but she never went in further than the hall, to go down into the kitchen.
Cross-examined by MR. CLARKSON. Q. How long have you known the prisoner? A. From my childhood—we were brought up together—I never knew any thing against her—she is the daughter of poor people, who live at East Grinstead, in Sussex.
WILLIAM JONES . I am a pawnbroker. On the morning of the 23rd the prisoner pledged these seven spoons, and other articles—I asked who she came from, she said from her aunt, who kept a lodging-house in Charles-street.
REBECCA CROWE . My husband lets lodgings. The prisoner took a lodging of us on Tuesday, the 4th of October—she was out all night on the 22nd, and I let her in about ten minutes to seven o'clock in the morning of the 23rd, with a large bundle—I said it was a very wrong thing of a young woman to stay out all night, and mine was a respectable house, I should not allow it—she said she been to a labour all night with a cousin, and that these things belonged to her sister; and she took them from her cousin's, thinking they would not be safe there, as they had got a nurse.
Cross-examined. Q. Do you know any thing of any man she was in the habit of associating with? A. She told me when she took the lodging, that her name was Loveless, and she was about to be married—I never saw the man till the Saturday after she was taken—he is not here, he is with his father and mother-in-law, in Park-street.
WALTER DALGEISH . I am a policeman. I took the prisoner into custody on the night of the 23rd, at No. 16, North-street, Manchestersquare, where she lodged—I had found part of the property at the different pawnbrokers previously—I found a tea-pot, a flannel-petticoat, three white petticoats, and a pair of boots which the prisoner had on, which Chapman claims—next morning, as I was conveying the prisoner from the station-house
to the justice-room, she asked if I had taken the roan into custody—I said, "What man?"—she said, "The man I told you of"—I said, "You told me of no man"—she then said the man had got in at the parlour-window, let her in at the street-door, that they both went down into the kitchen, folded up the goods, and took them away about daylight in the morning.
GUILTY . Aged 21.— Transported for Ten Years.
68. MARY HALES . was indicted for stealing, on the 9th of November, 1 bed, value 15s.; 1 bolster, value 3s.; 2 sheets, value 4s.; 1 blanket, value 3s.; 1 quilt, value 4s.; 1 kettle, value 6d.; and 1 frying-pan, value 6d.; the goods of Sophia Smith.
SOPHIA SMITH . I am a widow, and let lodgings. On the 24th of October the prisoner hired a ready furnished room of me, at 3s. 6d. a week—on the 9th of November, between nine and ten o'clock in the morning, I saw her take a bundle out—she returned, and between twelve and one I saw her take out a larger bundle—I suspected, and asked what she had in the bundle—she said nothing belonging to me—I said, "I should like to look"—she said I should not—I said, "I insist on looking"—I took her in, opened her apron, and saw part of my bed—she was taken to the station-house, and a pair of sheets, with my name on them in full, were found wrapped round her—I afterwards went into her room and found a great variety of furniture gone—she owed me one week's rent—she took the room of me in the name of Alexander, and said her husband was a porter at Combe and Delafield's—(looking at the articles)—these are all mine, and what I let with the lodging.
Prisoner. Before the Magistrate she said I had a man with me when I took the room, and she said she had seen him one morning in bed—at the second hearing she said there was no one with me when I took the room. Witness. I never saw a man with her, but one morning coming down stairs—I saw the shape of a man in bed.
GUILTY . Aged 35.— Confined Six Months.
Before Mr. Baron Parke.
69. WILLIAM FROST . was indicted , for that he, being employed in the General Post Office, did, on the 8th of October, steal a certain post-letter, containing 3 sovereigns, and I 40l. bank-note, the property of her Majesty's Postmaster General: 7 other COUNTS. varying the manner of stating the charge; to which he pleaded
GUILTY . Aged 30.— Transported for Fourteen Years.
(The Solicitor-General declined offering any evidence, the prisoner being the wife of the said William Frost.)
NOT GUILTY .
71. WILLIAM GIFFORD . was indicted for feloniously receiving 3 sovereigns and a 40l. bank-note, the property of her Majesty's Postmaster General; well knowing the same to have been stolen by William Frost, from and out of a certain letter.
MR. SOLICITOR GENERAL, MESSRS. SHEPHERD. and ADOLPHUS. conducted the Prosecution.
GEORGE HODGKINSON BARROW ESQ . I live at Ringwood Hall, near Chesterfield. On the 7th of October I posted a letter at the Chesterfield post-office, directed to Messrs. Currey and Wilmer, Old Palace-yard, West-minster, London—I enclosed in it a 40l. Bank of England note and three sovereigns, and marked it "pre-paid"—I have an account with the post-office, and as such did not pay it—I have here my bill-book in which I entered the particulars of the note I enclosed—(looking at a 40l. note)—this is the number, date, and signature of the note I enclosed—not receiving any answer from Messrs. Currey, I wrote to them, and then learnt it had not arrived.
Cross-examined by MR. BALLANTINE. Q. Did you put the letter into the post-office yourself? A. I did.
JOHN ROBERTS . I am postmaster of Chesterfield, in Derbyshire. On the 7th of October, I remember a letter being in the office in Mr. Barrow's handwriting—I know his handwriting very well—it was addressed to Mr. Currey, or Messrs. Currey and Wilmer, Old Palace-yard, Westminster, and there were enclosures in it I could tell—it was marked "pre-paid," and we marked it "4d." in red-ink—that would be the amount of postage for a bank-note and three sovereigns—I saw that letter in the office before five o'clock—it should have been in London the following morning—the bag leaves our office at half-past six.
ANN CLEAN . I was in Mr. Roberts's service; I keep an account of the postage due from Mr. Barrow for letters passing through the office; I have that book here. On the 7th of October we received a letter, and have entered it here "4d."—I remember receiving a letter that day—I do not remember the direction—the amount of postage was marked on it in red-ink, which is the usual mode of marking a pre-paid letter—the letters which were received at our office that day were all duly forwarded at half-past six o'clock—the bag was sealed—this letter was forwarded with others in the sealed bag.
Cross-examined. Q. Were many letters forwarded the same day? A. Yes—I cannot recollect this particular letter being forwarded—there is nobody else in Mr. Roberts's employ—the letters were forwarded at half-past six o'clock—I cannot tell at what hour the letter was brought—it might be three or four hours before.
MR. SOLICITOR GENERAL . Q. Did you put a bill into the bag with the letters? A. Yes—here is the bill that was put in on the 7th of October—it is my writing—this "2" and "10" means a 2d. letter unpaid, and the amount of letters passing through London is 10d.—this 2s. 6d. paid is the amount of the paid letters in the bag.
MR. BALLANTINE. Q. At what time in the day did you make this bill? A. At half-past five o'clock—I made it from looking at the amount of the letters themselves—I did not notice this letter in particular—there was no other letter which came to 4d. to my recollection—I do not recollect observing this letter when I made out the bill.
CHARLES FREDERICK ARMSTRONG . I am a clerk in the General Post Office. I remember the Chesterfield mail-bag arriving on the 8th of October, tied and sealed in the usual way—I opened it and took out the letters
—here are my initials marked on the bill which was in the bag with the letters—I wrote my initials the moment I told up the paid letters—they corresponded with the bill—if a letter arrived in that bag addressed to Old Palace Yard, Westminster, it should be delivered the same morning.
WILLIAM RUSSELL . I am a letter-carrier in the General Post Office; the district in which I carry letters includes Palace-yard. On the morning of the 8th of October, I was on duty at the Post-office—Frost's duty was to collect the paid letters, and carry them to the inland letter sorters' table, where they are sorted—if a paid letter of Messrs. Carrey and Wilmer's had been there, it ought to have found its way to my seat—I do not recollect having such a letter that day—I did deliver a paid letter at Messrs. Currey and Wilmer's that day—the butler generally receives them from me, sometimes the servant—I delivered all the letters I found on my seat that morning.
THOMAS RUSSELL . I am assistant inspector of letter carriers. I know William Frost—his employment in the morning was to collect letters from the Inland office, where they were sorted, and convey them to the letter carriers' office, previous to being carried out—he was employed on that duty on the 8th of October—if a letter was directed to Old Palace-yard, it would be his duty to bring it from the Inland office, and place it on the seat of the last witness.
Cross-examined. Q. Do you know he was on duty that morning from seeing him acting? A. I know he must have been on duty from the book 1 have here, in which his own name is signed against the particular duty he had that morning.
WILLIAM CURREY . I am the son of Mr. Currey, of the firm of Currey and Wilmer, Old Palace-yard. On the morning of the 8th of October I was at the house, and received the letters delivered by the postman—there was no letter that morning from Mr. Barrow—on that morning Mr. Currey and Mr. Wilmer were both absent from London—Mr. Barrow afterwards wrote to us.
Cross-examined. Q. You received the letters, I suppose, from the hands of one of your servants? A. I do not recollect who it was from—it was not from the postman—it must have been about ten o'clock in the morning that I received them—I have no recollection of receiving them that particular morning, but I know I was in town—the letters are rather later than usual since the new postage, and they vary more—the butler usually receives the letters from the postman.
MR. SHEPHERD. Q. Was it your duty, in the absence of the partners, to receive the letters? A. Yes.
WILLIAM COOK . I am butler to Mr. Carrey. I generally receive the letters which come by the post—I have no doubt I was at home on the morning of the 8th of October—if I received any letters that morning I delivered them safe—if Mr. Currey is in town I lay them in his private room; if not I lay them on the slab, and the first gentleman who comes in takes them—I recollect Mr. William Currey was in town, and it would fall to him to take the letters—I placed there all I received.
Cross-examined. Q. You do not remember any thing about that particular day? A. No—there are a great many letters every day—I always deliver the letters to Mr. William Currey when he is at home—I never leave them on the slab if Mr. Currey is in town—there was one female servant in the house—when she takes them in she leaves them on the slab—it is
the general rule to do so—if I am in the house I always take them—it is my duty to go to the door—the letters are sure to come between ten and eleven o'clock—the slab is in the front hall.
ELIZABETH WELLER . I am servant to Mr. Currey, and live at the house of business. In the absence of Cook I receive the letters from the postman—I lay them on the slab in the front hall always—I cannot say whether I received any on the 8th of October.
Cross-examined. Q. Is it possible you might have received them that day, and put them on the slab? A. I cannot say; I do not think it likely; no, I did not receive them that day I know, because when I take them in what there is to pay I always refer to the butler, and I had nothing to do with them that day—I am quite sure I did not take them in that day.
MARY BURFORD . I am cook to Mr. Attwood, of No. 8, Delahay-street, Westminster. The prisoner was footman there—Mrs. Attwood had been out of town a month or six weeks, and returned on Thursday, the 8th of October—the prisoner returned with her—she went out of town again on the Friday, and left the prisoner behind—on Saturday morning, the 10th of October, before twelve o'clock (I think), Frost, the postman, called on the prisoner—I knew him very well—he had called on the prisoner before—the prisoner was out when he called this time—I cannot recollect whether he came again in the evening—in the evening I saw the prisoner with a 40l. Bank note—he took it out of his pocket, and said it was a 40l. note—I said, "If it is a 40l. note, I do not think it is your own, it is your mistress's, to pay the trades people"—I cannot recollect that he made any answer—next morning (Sunday) he went out, about eight or nine o'clock, and staid out all night—he returned on the Monday—I afterwards saw Frost, and I think, on the Monday—he called at our house, and asked for Gifford, but he was not at home—he called afterwards from time to time, and I have seen the prisoner with him—they went out—next Sunday, the 18th, the prisoner went out, and returned in the evening—on the Wednesday following he was taken into custody.
Cross-examined. Q. How long has Gifford been in Mr. Attwood's service? A. I have heard him say six months—I have been there five months—I think it was unusual for him to have a holiday on Sunday, when the family were out of town—he had no employment to keep him constantly in the house when the family were out—he conducted himself in a most proper manner while master and mistress were from home—he had charge of the plate.
SUSAN HAWKINS . I am not related to the prisoner. On Saturday morning, the 10th of October, the prisoner came to my house at half-past eleven o'clock, Frost came there, about ten minutes past twelve, and they went away together—Mrs. Frost went with them—on the following Monday the prisoner and Frost came together, about ten minutes past twelve o'clock, and went away immediately—(I had been out with Mrs. Frost, and came over Westminster-bridge with her)—when the prisoner and Frost came I told them that Mrs. Frost had left my house, and gone to Prince's-street, to Mr. Burrell's, and on that they quitted my house together.
Cross-examined. Q. Do you not know whether Mrs. Frost and the prisoner are related? A. I do not think the female is married to Frost—there is a relationship somehow between the three.
the prisoner came and asked for change for a 40l. note—I had not got it, and could not give it to him—I think it was on Sunday morning.
Cross-examined. Q. Did you know him A. Yes, ever since he has been in the service—Mr. Attwood deals with me.
ABRAHAM CATCHFIELD . I drive the Southgate coach. I know the prisoner, by frequently carrying him to Southgate, as a passenger—on Sunday morning, the 11th of October, he travelled with me to South-gate—I saw him standing at the Flower-pot, in Bishopsgate-street, when I drove up—he asked if I could give him change for a 40l. note, or bill, but which of the two I do not recollect—whether I took the from his hand I do not know, but I told him I would see if I could get change—I went to the booking-office, the book-keeper was not there, and I told him I could not get change, but would endeavour to get it on the road to Southgate—in going along the road he reminded me about getting change before we got any further, and at the next place to Basing-house I applied for change by his desire, but being church time I could not get change there—I believe he said nothing further about it—he returned to town with me on Monday morning the 12th, at eight o'clock—I did not know his name but his person—I considered I could find him at any time, being intimate with his friend.
HENRY EATON . I keep the Cherry Tree public-house at Southgate. The prisoner came to my house on Sunday the 11th of October, (I believe)—I had seen him before at my house, when he came down by the coach, and the coachman seemed very friendly with him—I did not know his name—he dined at my house on Sunday, came again in the evening, had tea, and slept there—when he came back in the morning, he said he had some silver in his pocket, but not quite enough to pay his bill, and asked if I would change a 40l. note—I said, "Yes," and did so—I paid the note away on Monday morning to Mr. Sewell, the collector of Taylor and Co., the brewers—the prisoner's bill amounted to 7s.—I gave him a 10l. note, perhaps some fives, and some sovereigns and silver—I could not swear to the note.
WILLIAM SEWELL . I am collector to Taylor and Co., brewers, at Lime-house. On Monday, the 12th of October, I received this 40l. note from Mr. Eaton, and gave him change out of it—I have written "Eaton" on it, which I did when I received it—the note produced is the same—(examining it.)
GEORGE ARNOLD . I live in John-street, Blackfriars. I lodged with Frost the letter-carrier, and paid him 8s. a-week for the lodging, and for he and his wife looking after my children—they had, to the best of my knowledge, one table, a few odd chairs, a bedstead, and clock—I do not remember any more furniture—Mrs. Frost has sometimes asked me for 1s. or so of the 8s. before it was due—I lodged with them fifteen or sixteen weeks—I lodged with them in October—they left the house on the Saturday previous to their being taken—I have seen the prisoner twice before at Cumberland-street, where I and Frost lived—I saw him on the Sunday morning before they left, and once three or four days before.
MARY TATTERSALL . I have known Frost and his wife eighteen months, and the prisoner three weeks or a month before he was taken—the first time I saw him was with Mrs. Frost, in Tothill-street—I have been at Frost's lodging in Cumberland-street, and have seen the prisoner there, and also seen him
at Frost's lodging in John-street—I saw the prisoner and Mr. and Mrs. Frost in October last, and have seen him at Mr. Burrcll's public-house in Prince's-street, near Westminster Abbey—I saw them there one Monday—I think it was the Monday week before Frost was taken up—I am sure it was on a Monday—I heard of Frost being taken on the Wednesday—I cannot say whether it was the Monday before that—I believe it was the Monday week before—I saw them at Burrell's between twelve and one o'clock—they had refreshment there—I saw them on the Sunday following, in Cumberland-street—I drank tea there, and Frost and the prisoner were there—I did not see the prisoner afterwards—on the Sunday before the Wednesday on which Frost was taken, I drank tea at Frost's house in John-street, and the prisoner was there then—I saw a new sofa-bedstead and carpet there, which I had not seen in Cumberland-street—I was there on the Monday, but I did not see the prisoner.
GEORGE WILLIAMS . I am shopman to Mr. Crawcour, an upholsterer in the New-cut. On Saturday, the 17th of October, Mrs. Frost and the prisoner came together to my shop, and bought a sofa-bedstead and a round mahogany table, which came to 3l. 15s.—the prisoner paid for them—he tendered me a 5l. note—I asked whether he had endorsed it—he said, "No," and if I objected to that one, he would give me another—he had some papers in his hands, which I concluded were notes—I did not know him before—I sent the goods to "No. 12, John-street, Blackfriars-road, for Mr. Frost"—the prisoner wrote that direction on this piece of paper, in pencil.
BENJAMIN SINGLETON . I live in Stafford-place, Pimlico. I know the prisoner—he came to me on Monday, the 19th of October—in the course of conversation I said I wanted to borrow 10l.—he put his hand into his pocket, and gave me a 10l. bank-note—he lent it to me.
Cross-examined. Q. What are you? A. A householder—I am in the service of the King of Hanover—it was his Majesty's pleasure to leave me in England—I have known the prisoner about eight months—I believe him to bear an honest character—I knew where he lived when he lent me the money—I did not ask him whether the note belonged to any body—I gave him a note of hand for it.
NICHOLAS PEARSE . I am an inspector of police. On Wednesday, the 21st of October, I saw the prisoner at the door of Mr. Attwood's house, No. 8, Delahay-street—I went up and asked if his name was Gifford, and if be resided there—he said, "Yes"—I said, "Did you change a 40l. note at Mr. Eaton's, at the Cherry Tree public-house at South gate, about the 11th or 12th?"—he said, "Yes"—I said, "How came you by that note?"—he said, "I had it of a female"—I asked what female—he said his cousin—I asked where she lived—he said, "She is gone to Bristol"—I said, "Where does she reside at Bristol?"—he said, "I don't know"—I told him I was an inspector of police, and asked him to accompany me to the station—I was in plain clothes—we walked together to the station—when there, I asked when he received the note—he said, "Last Saturday week"—I asked where he received it—he said, "At No. 4, Cumberland-street, Blackffiars-road"—I asked what time in the day—he said, "In the afternoon"—I asked if any body was present besides himself—he said, no—I asked if she was a married woman—he said, yes—I asked
what her husband was—he said he did not know—I said, "What it his occupation?"—he said he was a tailor by trade—I said, "What did she say when she gave you the note?"—he said she said, "You can get it changed with some of your trades people, I have saved it up unknown to my husband, as I want to go into the country to see my friends"—I said, "When did you see her alter that period?"—he said, "I saw her on my return from the country, in Great George-street, she was waiting for me"—I understood he meant his return from Southgate, that was the only place that had been mentioned—I said, "What change did you give her?"—he said, "I gave her a 10l. note, two 5l. notes, and the rest in sovereigns; I gave her 5l. when I received the note"—I said, "When did you see her last?"—he said, "Last Sunday"—I said, "Where was that?"—he said, "No. 12, John-street, Blackfriars-road"—I said, "Who was present?"—he said, "Her husband"—I said, "It is no use your telling me you don't know what her husband is"—he then said, "I will tell you, he is a general postman"—I afterwards went to John-street, and found a new sofa, table, a new mattress and bed, a carpet, a tea-pot, and several articles.
Cross-examined. Q. I believe you have been in the police from its very commencement? A. Yes, and have been an inspector nearly all that time—I did not tell him, before I asked these questions, that he was suspected of receiving the note, knowing it to have been stolen from the Post-office—I told him at the station-house that the note was stolen, but not previous to the conversation—I think the conversation was nearly over before I told him the note was stolen—I did not give him any caution about answering me—I took down a few answers which he made while I was asking him the questions—he must have seen me doing it—I put down part of it—the name and address he gave me I put down—I believe I took down part of the conversation while it was going on, but it was a very small part—I have not the memorandum here—I think I tore it up—I have not seen it since the examination—I do not know that I took down any answer that he made—I do not recollect taking down more than the address—at that time I did not think the prisoner would appear in this Court—it was a mere subject of inquiry, having traced the note to him—I perfectly recollect the conversation, and as near as I can recollect have stated it.
GUILTY . Aged 24.— Transported for Seven Years.
72. GEORGE COATES, FRANCIS M'MURRON . and GEORGE BECK . were indicted for feloniously and falsely-making, and counterfeiting 3 pieces of counterfeit coin, intended to resemble and pass for 3 sixpences.
WILLIAM PENNY . I am an inspector of the G division of police. On the 9th of November I went to No. 11, Carrier-street, St. Giles's, with Fink and Farrell—I went into the yard of the house, up some wooden steps to a room detached from the house—I found the room-door with a padlock outside, which was locked—we broke into the room, and found the three prisoners sitting in front of a very clear fire on a small bench—Coates was in the centre—they immediately stood up—Coates had something in his hand which he dashed into a tub of water—he then stooped, and put his hand into the tub—he pulled it out again, and his hand was all white with plaster of Paris—I emptied the water out of the tub, and found a quantity of plaster of Paris at the bottom, which I put into a cup—I found these two pieces of metal in front of the fire-places-one was so hot I could scarcely hold it—
they are called gets, which is the part that runs into the channel of the mould—I found a crucible on the fire three parts full of Queen's metal, in a liquid state—I found six pieces of the same kind of metal on the mantel-piece, and near these pieces of metal, twenty counterfeit sixpences on the mantel-piece, fresh made—Coates said, "You have done a great deal, and what have you done now?"
JOHN FINK . I am a policeman. I accompanied Penny to the room, and saw the prisoners—I produce an iron ladle which I found on the fire with metal in a fluid state, and on the table nine metal spoons, one of them bent up—Beck said it was an unfortunate job for him, he had merely come into the room for 1s. which Coates owed him, and he supposed it would make no difference, that they should all share the same fate—M'Murron said he had just been to fetch a sheet of writing-paper for Coates—I examined M'Murron's and Beck's hands—they appeared black, as if they had been handling metal—I found a sheet of paper on a shelf with a piece torn off the comer—it appeared as if it had been there some time, for there were cobwebs over it—we were obliged to burst the door open—the padlock was fastened outside.
BENJAMIN FARRELL . I accompanied the witnesses—when I got in I took Coates into custody just as he drew his hands out of the tub of water—they were all white, and he wiped them on his trowsers—I found on the table two files, two pairs of scissors, a knife, and two spoons—the files had some sort of metal on the edges, as if they had been used, and there was white on the knife similar to what was on the prisoner's hands.
JOHN COFFEE . I live at No. 3, Carrier-street, St. Giles's. I let out No. 11—I let the room the officers went to, to Coates, three or four days before they were apprehended—there was a lock on the door, and no key to it—my wife put a padlock on before he took it—it was not to be fastened except when they were out—they could not fasten it when they were inside—I know the other prisoners—I see them in the neighbourhood almost every day—they live in St. Giles's.
Coates. Q. Is not that the padlock you gave me when I took the room? A. I do not think it is.
JOHN FIELD . I am inspector of coin to the Mint. This plaster of Paris appears to have formed part of a mould—I have examined the pieces—they present at present no impression at all—some pieces, from the discolouration on them, appear as if heated metal had been poured into them—putting a plaster of Paris mould into water, and squeezing it, would destroy its appearance—it would absorb a considerable quantity of water, and expand, and be easily obliterated, especially if the mould was hot at the time—these sixpences are all counterfeit, and cast in a mould—they are composed of what is known as Britannia or Queen's metal—they are all impressions from the same mould—these spoons are the same kind of metal—here are three gets formed of the same kind of metal which would be formed in the channel of the mould—the metal in the crucible and ladle are of a similar description—here are two files, in the teeth of which there appears white metal—the knife has the appearance of plaster of Paris on the blade—the scissors might he used to cut off the get from the coin—these articles might be applied to the purposes of coining.
Coates's Defence. On the 9th of November I asked M'Murron to fetch me a sheet of writing-paper; he had not been there three minutes before Beck came in, and asked for what I owed him; I gave it him; he had not been there two minutes before the door was locked outside by somebody,
and then the officers came; it is not the padlock my landlord gave me.
M'Murron's Defence. Coates came and asked me to go for a halfpenny sheet of writing paper, and bring it up to his place; I took it up; he was sitting in the room by himself; I saw a cup on the table with something like whitening in it; he asked me to sit down; Beck came up and asked him for a shilling he had lent him, and he gave it him; I then went to the door, and found it locked, and said, "George, the door is locked."
Beck's Defence. I went and asked Coates for the shilling I had lent him; he gave it me, and I showed it to the policeman when he searched me; I went towards the door; Coates said, "Stop a moment, you shall have a drop of beer directly." I said the door was fastened; he said I was to sit down and never mind.
COATES.— GUILTY . Aged 21.
M'MURRO.— GUILTY . Aged 19.
BECK.†— GUILTY . Aged 24.
Transported for Seven Years.
73. JOHN PHILLIPS . was indicted for burglariously breaking and entering the dwelling-house of John Simmonds, about the hour of twelve in the night of the 17th of October, at St. Leonard Shoreditch, with intent to steal, and stealing therein, 10 spoons, value 16s.; 1 hat, value 2s.; 1 table-cover, value 1s.; 1 pair of drawers, value 1s.; and 2 pairs of boots, value 5s.; his goods: 1 shirt, value 2s.; 1 pair of drawers, value 1s.; 1 handkerchief, value 6d.; and 2 pairs of boots, value 5s.; the goods of James Peter Blake Simmonds; and that he had been before convicted of felony.
JOHN SIMMONDS . I am a tailor, and live in Buttesland-street, Hoxton; I keep the house. On the 18th of October, when I came down stairs, between seven and eight o'clock in the morning, I found the back-kitchen window open, and a pail and bundle put there to keep it open—it was fastened the night before with an iron button—a square of glass had been broken before, and mended with a piece of white paper—they had broken the paper, put a hand in, and unfastened the button—there was a hole in the paper large enough for a man's hand—the window looks into the yard, which is walled round—I missed from the kitchen a shirt of my son's, James Peter Blake Simmonds, and the other articles stated—they were all in the house when I went to bed on Saturday night at twelve o'clock—I had heard no noise in the night—the policeman brought me a handkerchief one Sunday, about a fortnight after, and I identified it as my son's property—I went with him to the station-house, and saw my son's shirt on the prisoner's back, and a pair of drawers which the policeman produced were mine—I found in my kitchen; in the morning, a shirt, an apron, a handkerchief, and a cap, which did not belong to me.
Cross-examined by MR. PAYNE. Q. How do you know the shirt? A. By a join where the calico is joined to the linen front—I swear positively to it—I know the handkerchief by the pattern, having had it so long—I made the drawers myself.
JOHN LAVENDER . I am a policeman. On the 1st of November I found the prisoner in an unfinished house in Buttesland-street, Hoxton, eight doors from the prosecutors, between one and two o'clock in the morning—I sent for assistance, not liking to take him myself, and while waiting he jumped out of the window—I ran after him, and took him—I
found on him a box of lucifers, a knife, and a silk handkerchief, which the prosecutor has identified.
HENRY WILLIAM DUBOIS . I am a policeman. On the 1st of November the prisoner was searched at the station-house—his drawers and shirt were taken off and shown to the prosecutor—he said he bought the articles down the lane, but did not say where—I was present when the prisoner was examined, and saw his statement taken down—this is Mr. Bingham the Magistrate's hand-writing—(read)—"The prisoner says, 'I bought the shirt and drawers in the lane, and the handkerchief, about fifteen weeks ago.'"
NOT GUILTY .
74. MARY DONOVAN . was indicted for unlawfully, maliciously, and feloniously assaulting Owen Deleugh, on the 8th of November, and stabbing and wounding him in and upon the left cheek, with intent to do him some grievous bodily harm.
OWEN DELEUGH . I live in Saffron-court, Safffron-hill; the prisoner and her husband live in Onslow-street. On the 8th of November I was there—there was a fight between me and her husband—we were both drunk—the prisoner came to his assistance, and scratched my face—I turned round and struck her in the eye, and gave her a black eye—the landlord came up and sent for a policeman; and when he came I put my hand to my face, and found it was bloody, and there was a wound in it—I do not know who gave me that wound—I saw the prisoner strike me in the face, then draw her band back and put it behind her, and the policeman took a knife out of her hand—it was two or three minutes after I gave her the black eye that I found I was wounded—I went to Greville-street Hospital—the surgeon told me to bathe my face in hot water and come to him next day at one o'clock, which I did—he examined the cheek, and the cut was through it—it got well in four or five days—I did not call her any names.
Cross-examined by MR. PAYNE. Q. You had had a christening there, had you not? A. Yes—I had got the better of her husband—I swear it was two minutes after we had left off fighting that I got the cut—when I gave her the black eye she fell against the window, and broke the glass—there were eight or ten of us there—I had known her about fifteen weeks.
SAMUEL JENKS . I am a policeman. I went up to the room—the fight was over then—about a minute and a half after I entered the room I saw the prisoner strike the prosecutor in the left cheek, and put her hand behind her, and then I saw the blood gush from his cheek—I took this dinner-knife out of her hand—I did not see her take it up—there was a table partly between her and the prosecutor—I saw her stick him with the knife—she struck him back-handed with the point first—she did not appear intoxicated—she had a black eye.
Cross-examined. Q. Did it appear a violent blow that she had received? A. Her eye was much swollen—I stood close by her when she gave the stab—there was great confusion in the room—the landlord had called me in to take the prosecutor into custody—I had not seized the prosecutor—she struck the blow while I was speaking to him.
GUILTY of an Assault. Aged 25.—Recommended to mercy.— Confined Three Months.
75. DANIEL FOGERTY . was indicted for breaking and entering the dwelling-house of Sarah Marsh, on the 4th of November, and stealing therein 3 flannel shirts, value 10s.; 2 petticoats, value 6s.; 1 shirt, value 3s.; 2 shifts, value 7s.; 4 towels, value 2s.; 2 pairs of drawers, value 3s.; 1 curtain, value 6d.; 4 handkerchiefs, value 7s.; and 1 pair of gloves, value 6d., her property.
SARAH MARSH . I lodge in Silver-street, in the house of Mr. Pollard, but he does not live in the house—there are three lodgers—I occupy the two parlours on the ground-floor. On the 4th of November I left my room about a quarter after ten o'clock in the morning, and locked the door—I returned about eleven or a little after, and found my room-door open—the street-door is always open—I saw the prisoner in my room standing against my drawers—he had a black bag in his hand, which he was filling out of the drawers—he moved away from the drawers and went round the table—I took him by the collar and said, "What do you want here, you villain?"—he directly said, "D—your eyes, you b—, what do you want here?"—I said, "I will let you know"—he directly hit me on the side of my head and knocked me down—I got up, took him by the front of his shirt, it tore, and he got away—I turned round and caught him by the tall of his coat—he pulled me nearly to the door—the tail gave way in my hand, and he got away from me—I followed him out at the door, and hallooed out, "Murder, stop thief"—I went on to the Green, but was exhausted and could not halloo any more—he chucked the bag away by the Three Kings public-house, in the Close, and he was taken—I am sure he is the man I had seen in my room—he was taken to the station-house—the bag was opened there, and contained the articles stated—I had had them to mangle for Mr. Bridges.
Prisoner. Q. Are you a widow? A. Yes—I am not living with a man named Bailey, as his wife—I know him, and wash for him, but do not live with him—I have three brothers—I do not know that one of them was committed from Hatton Garden two years ago, for breaking into the same house—I have been under the doctor's hands this fortnight, from the blow you gave me—you kicked me and knocked me down—Mr. Bridges's mark is on some of these articles, and I have mangled for them nine years.
WATKIN THOMAS . I was in Silver-street, Clerkenwell, on the 4th of November, and saw the prosecutrix running after the prisoner—I ran after him myself, and saw him throw down this bag—I afterwards saw him stopped by a man, and as he was being taken towards the station-house I saw him throw away three keys.
JAMES LAW . (police-constable G 102.) I took the prisoner into custody on the 4th of November—he had been stopped by a young man—I saw him throw three keys into the burying-ground—a man brought them to the station-house—I cannot say they were the same the prisoner threw away—one of them fitted the prosecutrix's room-door—I fitted a piece of cloth, which the prosecutrix produced, to the tail of the prisoner's coat, and it exactly fitted it.
Prisoner to SARAH MARSH. Q. You swore at Hatton Garden police-office that I had something under the breast of my coat—what was it? A. A towel, a shift, and two pocket handkerchiefs, which you dropped in the room, by my pulling your coat, and you left them behind—I did not agree to compromise this for 5l.—a person, who I believe was your sister, came to me and hoped I would be moderate and easy with you—I showed he
my leg and said, As tight as my boot was laced on my foot, I would speak to you and speak the truth.
Prisoner's Defence. I was passing through Silver-street, and was stopped by a man, who asked if I would earn 1s. by carrying a bag a short distance—I accepted it, and he made off, when I was followed by the prosecutrix.
GUILTY . Aged 24.— Transported for Ten Years.
76. THOMAS COURTNAY . was indicted for stealing, on the 10th of November, at St. Giles-in-the-Fields, 10 shillings, and 1 10l. bank-note, the property of Mary Duggan, in the dwelling-house of Matthew Sullivan.
MARY DUGGAN . I am a widow, and lodge at Mr. Sullivan's, in Orange-court, Drury-lane. The prisoner lived in the two-pair front—I had a large chest, in which I kept my clothes and money, which I got permission from the prisoner to put into his room—I always kept it locked, and kept the key myself—the prisoner knew I kept my money in that chest—I showed it to him—on Sunday morning, the 8th of November, about half-past ten o'clock, I went and put 5s. into a purse along with the rest of the money in the chest—the money was safe then—I felt two sovereigns, about 1l. of silver, and three 10l. Bank of England notes—I did not look at them then, but I felt them—I had seen them about a week before—I put the purse back into the chest, and locked it as I thought, but I am not sure—I put the key into my pocket—the prisoner was sitting in the room at that time—on Tuesday morning, the 10th, I went again into the room and opened my chest—it was then unlocked—my purse had been opened, and lay at the top of the clothes—I had placed it at the bottom—one 10l. note, and about 10s. in silver was gone—the rest was there—the prisoner was not there then—I went down to the landlady, and said my money was gone, and the prisoner was taken into custody about half-past two that day.
ALICE SULLIVAN . I am the wife of Matthew Sullivan, the owner of the house; it is in the parish of St. Giles's-in-the-Fields. On the 10th of November, the prosecutrix came to me, took me to the prisoner's room, and showed me her chest—in consequence of what she said, I went to look after the prisoner, but could not find him then—he returned at two o'clock, not sober—I saw him go up stairs—I went to tell the prosecutrix and when I returned he was gone—I went to Mr. Wilson's at the corner of Drury-lane, and saw him there—I told him he had done a pretty thing for himself that morning, he had broken open Mrs. Duggan's box and taken her money—he said, "No, who can swear I have done it?"—he left the public-house, I followed him into Long-acre, and gave him into custody—when he was in the policeman's custody I saw his hand in his trowsers' pocket, and saw three sovereigns come, as far as I could see, from his hand on to the pavement—the policeman picked them up.
WILLIAM BOYCE . I am a policeman. On the 10th of November, I was on duty in Great Queen-street, and heard a cry of "Stop thief"—I saw the prisoner running, and took him—Mrs. Sullivan came up and charged him with having taken a 10l. note—as I took him down Bow-street, I saw him drop three sovereigns, which I picked up—I found 11s. 3d. on his person—while waiting at the police-court, he said nobody saw him take it—I asked him where he changed the 10l. note—he said he did
not know where, he was in liquor at the time—he said the 5l. note which Rustling found was taken in change of the 10l. note.
THOMAS RUTLING . I am a policeman. I saw the prisoner in a stooping position after he was searched—he was taken to a cell, and while he was absent I lighted a candle and found a 5l. note in the place where he had been—it was squeezed up in a very small compass—I opened it and showed it to him—he said, "Keep dark, and we will make it right"
Prisoner's Defence. I did not open the box.
GUILTY . Aged 48.—Recommended to mercy by the Prosecutrix.— Confined Six Months.
77. ROBERT TWEED . was indicted for stealing, on the 3rd of November, 1 purse, value 2s.; 1 ring, value 2s. 6d.; 25 sovereigns, and 1 sixpence, the property of George Clifford, in the dwelling-house of William Wells.
GEORGE CLIFFORD . I am a servant out of place. I came to town from Shrewsbury on the 28th of October, and lodged at William Wells's, in Riding-house-lane, Marylebone—the prisoner is the friend of a person who lived in the kitchen. On the 29th, I asked him to assist me in according my trunks, which he did—I unlocked my large trunk and took out a purse with twenty-eight sovereigns in it—I took out one sovereign, leaving twenty-seven, a ring, and sixpence—on Monday, the 2nd of November, I took out two more, leaving twenty-five, a ring, and a crooked sixpence—among the sovereigns was one split at the edge—I locked the trunk, and put the keys in my pocket—the prisoner was not with me then—on Thursday, the 5th, I went to the trunk to get more money, and found the lock broken off, and the money gone—I had only a farthing left—part of the trunk was broken—I had seen it over night, but not examined it, as the lock was turned against the wall.
Prisoner. Q. How many beds were there in the room you slept in? A. Three, but no man ever saw the trunk open but you.
WILLIAM JOSEPH WALKER . I am a painter and glazier. I was staying at this house, in Riding-house-lane, as I had come from the country—on the 3rd of November I and my wife called on Mr. Crow, who is well acquainted with the prisoner—I have known him fourteen years—they said they were all going out for a walk—the prisoner said, "Don't let us go out together; go out, and we will meet them at the corner"—we went round into Titchfield-street, to the Bell public-house—he said, "Come in here and have a glass of ale"—he threw down a sovereign, which I saw was split at the edge—the landlady objected to it, and showed it to a gentleman at the bar—he said, "It is very good, but I should be sorry to take it, as I could not change it,,—the prisoner said, "Well, then, here is another, and if you don't like that, here is another"—we then left, and met our other friends at the bottom of the street—we went down Great Titchfield-street—I waited rather behind the others, and when I came up to my wife, she said, in the prisoner's presence, "Robert has given me a sovereign"—I said, "Robert, I don't want that, I have just received my wages, and don't want it"—my wife did not return it to him—we went on to Oxford-street, and met Mr. Crow and some friends—the prisoner said to me, "Come with me into the City, I am going to see about a parcel; I have a letter, and am going to receive some money from my friends, and there will be a hare and things; you may as well cook them for me"—he took a cab—I said, "It
will do us more good to walk to the Bull and Mouth"—we had a cab to St. Martin's-le-grand, and stopped at several houses—he said, when we were in the cab, "I have plenty of money, I have got two 5l. notes, and some more besides"—he said, "I will show you the letter I have received"—he took a pocket-book out of his pocket, and said, "Oh! I have left it at home, I quite forgot that"—I saw him with four or five sovereigns—we dined in St. Martin's-le-grand, and then went to another house and had refreshment—he paid on all occasions, and treated the cab-man—he seemed to be known by all the cab- men and hackney coach drivers—he said he had received the money from the country, that when he awoke up that morning he found a letter for him from the country—we went from St. Martin's-le-grand to Whitechapel, opposite the work-house—he told us to stop there half an hour—we stopped there two hours—he there gave my wife fifteen sovereigns to take care of, and one she had before made sixteen—I cannot say whether the split sovereign was among them—we stopped there till four or five o'clock, and then returned in the same cab—he was treating every body, cab men and omnibus proprietors—he said he was going to see after his license, which they had in their possession, and on returning home he bought my wife a ring, unknown to me, which cost 12s. 6d., and bought the cab men two or three handkerchiefs—he bought several other handkerchiefs—I am not sure whether he spent 24s. or 25s.—we went on the coach-stand in Holborn, and had plenty of drink, nothing but port wine and brandy—he gave that to the coachmen—he then told the cab- man to drive to a shoe-shop in Oxford-street, and told my wife to purchase a pair of shoes, which she did—we then proceeded to the stand where we had first met in the morning, and there met a cab- man belonging to the same yard as we were at before—the prisoner said, "I owe this cab- man 2l., I must have it"—I gave him 2l. in the presence of another cab- man—we then had some more brandy and water, and my wife and I went with him to the yard—I returned him the fifteen sovereigns, as he wanted it.
MARIA LOUISA WALKER . I am the wife of the last witness. On Tuesday afternoon, the 3rd of November, I met the prisoner and my husband in Titchfield-street—he gave me a sovereign—we took a cab—I observed a chased ring on, the prisoner's finger—I do not know what became of it—it was not solid gold—we went to a public-house, and had something to drink, and in the evening, at one public-house, I saw him with a bent sixpence—he took it up again, and said he would not lose it for 1000l.—the day after we were in a coach, he took his money out of his pocket, and said he wanted to get rid of something—he put his money on the cushion of the coach, and said to my husband, "Do you see any thing?" and at the same time threw something out, which appeared to me to be the bent sixpence—it went into the road and was lost—it was bent on each side.
Prisoner. Q. Describe the house we went to at the latter part of the evening, after riding about with me all the day? A. We went to a concert-room, and my husband took you home in a cab, within a few houses of your home, but we did not exactly know where you lived, but we knew the spot—the policeman persuaded my husband to get you home—you said you would not go home, you would go wherever we went—we were not in any lodging at the time, and my husband had to get a lodging for the night—I was with my husband—you had a room, and we had one.
custody between two and three o'clock, on the morning of the 6th of November—I did not find any ring nor split sovereign on him.
MARY WELLS . I am the wife of William Weils, the housekeeper. On Tuesday morning I was washing in the back-kitchen, and saw the prisoner up and down stairs several times, and on Monday evening, the 2nd of November, as well—he was very tipsy—I had a great deal of linen about, and seeing the prisoner about I asked my husband for the key of the kitchen to lock it up, as I did not like his appearance—about half-past eleven o'clock on Tuesday morning he went up to the top of the house without any shoes on, and was gone about twenty minutes—Clifford lodges at the top of the house—he came down, put his shoes on, and went out of doors—I never saw him again till he was in custody—another man was taken to the station-house on suspicion, and I told them I had seen the prisoner go up without any shoes on.
Prisoner. Q. Did you see me go up? A. Yes, about half-past eleven o'clock on Tuesday morning—there is a trap-door on the kitchen stairs—I looked through it after you, because you looked so after me—I saw you go past the door leading to the street, and go up the first flight of stairs; and while I was looking after you Mrs. Walker came and talked to me, which took my attention off watching you further—you had no shoes on, or if you had they must have been very light ones.
Prisoner's Defence. I never saw the prosecutor's money; I never went, near the place the box was in from the time he entered it; there are three others sleep in the room, who are quite as likely to know where the money was as I.
GUILTY . Aged 29.— Transported for Ten Years.
Fourth Jury, before Mr. Recorder.
78. ROBERT LYON . was indicted for stealing, on the 12th of November, 3/4 lb. weight of sugar, value 5d.; and 1 oz. weight of tea, value 3d.; the goods of Thomas Trowell, his master; to which he pleaded
GUILTY . Aged 28.— Confined One Month.
(The prisoner received a good character.)
79. WILLIAM RUTTER . jun. was indicted for stealing, on the 4th of November, 1 tea-caddy, value 1l.; 1 watch-guard, value 5s.; 3 thimbles, value 3s.; 2 pairs of ear-rings, value 10s.; 1 sovereign, 2 half-sovereigns, 1 crown, 14d., 13d., 12d., and 1d.; the property of William Rutter the elder; to which he pleaded
GUILTY . Aged 13.— Transported for Seven Years.—Parkhurst.
ROBERT SMITH . I live at Sunbury, sixteen miles from London. I was at the Angel inn, Brentford-bridge, last Monday, and had a cart standing there with some linen and one loaf of bread in it—my attention was called to the cart—I followed, and saw the two prisoners, and took the loaf from under Perkins's arm—Sloame was in his company, and they were both eating the bread—I had had a loaf of that description in the cart, and when I came up it was gone—it cost me 8d.
Cross-examined by MR. CLARKSON. Q. Was there property of considerable value in your cart? A. Yes—they did not disturb it—at the
time I gave them in charge, I was not aware whether they had taken any thing of value—if I had known it was only a loaf, I should not have given them into custody—they were walking along eating and picking the bread—I told the Magistrate I believed it was a drunken frolic, and hoped I should not be compelled to prosecute.
MARY BORRESS . I live at Isleworth. Last Monday I was passing the Angel inn, about nine o'clock, and saw a cart standing there loaded with linen—I saw two soldiers pass—one of the two made a stop at the cart—I walked on, looked back, and saw one of them take something out of the cart—I cannot say what it was—I met a boy, and told him, "These young men seem to be tipsy, and they have taken something out of the cart, I wish I could see the person belonging to it"—I went over, and told the prosecutor—he came out, looked under the basket in the cart, and said, "A loaf"—I went on when I heard it was only a loaf—they appeared tipsy, and were laughing and larking at the time.
Cross-examined. Q. I believe you stated to the Magistrate your bitter regret at being obliged to come here? A. I did—I was ten yards off, and did not see what they took—they could have seen me if they chose.
WALTER PREMDERGAS . (police-constable T 79.) This loaf was given to me by Smith with the prisoners—he also gave me a glove, which he said he had found by the cart where the loaf was taken from—Perkins had a single glove on.
Cross-examined. Have you seen any body belonging to the 9th Lancers? A. I saw the sergeant—he gave them an excellent character as far as he knew them.
NOT GUILTY .
CHARLES CRISP . I am shopman to Mr. Thomas Delarue Kipling, a hosier, of New-street, Covent-garden. On the 5th of November, about half-past five o'clock in the evening, I missed eleven pairs of lambs-wool stockings from within about a foot and a half inside the door—they were tied up with a ticket on them—I saw Hoy with them next day, and the ticket still on them—when we sell goods we take the ticket off.
Prisoner. Q. What do you swear to them by? A. By the tie and the ticket—I cannot swear to the stockings themselves, but they are what I saw in the bundle.
JOSEPH HO . (police-constable F 95.) On the night of the 5th of November I saw the prisoner running across Seven-dials into Great St. Andrew-street, with a bundle under his jacket—I followed him, and when I got near him he threw it into the gutter—I caught him, and took up the stockings and the ticket lying by the side of them—I asked him if the shop opposite the corner of New-street was the shop he took them from—he said it was—I asked him if he was in distress—he said, "No," but he wanted money d—d bad, and said I might as well let him have them, as the person belonging to them knew nothing about it.
GUILTY . Aged 20.— Transported for Seven Years.
with my brother. On the night of the 12th of November I was at a public-house in Gray's-inn-lane—I did not get drank there—I had taken more than I ought, but I could walk very well—I left about half-past eleven o'clock—I think some women were in my company—they said my coat was dirty, and offered to brush it—they helped me off with it, and ran away with it—I do not consider I was drunk.
Prisoner. Q. Can you swear I was in your company? A. I do not know—the coat now produced is mine.
CHARLES JARVIS . I am potman at the Crown and Barley Mow, in Gray's Inn-lane. On the 12th of November, the prosecutor was there with the prisoner and some women, he left between eleven and twelve o'clock—he was nearly drunk, but I should think he knew what he was about—the prisoner followed him out.
Prisoner. Q. How can you say I was there? A. I swear to you, you had no bonnet or shawl on.
CHARLES COUSIN . (police-constable G 42.) I was in Turnmill-street, about one o'clock in the morning of the 13th of November, and saw the prisoner with a bundle, wrapped up in a shawl—I stopped her, and asked what she had there—she said, "Ask my——, you——"—I said, "What have you got?"—she said, "Well, I have got a coat, it belongs to my man"—I asked where she had got it, she said, "Never mind, it is all right; give me St., and you shall have it"—I took her into custody, and as I was conveying her to the station-house, she said, "You can keep the coat, let me go, and I will come to-morrow morning and pawn it, and you shall have half the money—she afterwards told me she had robbed a b——swell of it, in the neighbourhood of Tash-court, and left him there, and that the b——was drunk.
Prisoner. I told him I had picked it up in Brook-street. Witness. She did not—she said what I have stated—she had a bonnet on when I took her, and her shawl was wrapped round the coat—she had a handkerchief wrapped round her shoulders—Turnmill-street is about three hundred yards from Tash-court and the public-house.
Prisoner's Defence. I never saw the man, and never drank with him; I picked the coat up in Brook-street, Holborn.
GUILTY . of Stealing, but not from the Person. Aged 25.— Transported for Seven Years.
83. JOHN WELLS . was indicted for stealing, on the 17th of November, 56lbs. weight of hay, value 2s. 6d.; the goods of John Flaxman: and THOMAS SMITH . for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
CHARLES STEBBIN . (police-constable T 156.) On the 17th of November I saw Wells with a load of clover-hay on the Uxbridge-road, in the precinct of Norwood—I stopped him, got on the wagon, and found a quantity of corn and two trusses of hay extra, which was not bound in with the load—I put a quantity of tickets into each truss—I merely got up, as if to ride, and he did not see me do it—I got down, and dressed myself in private clothes—I afterwards went to the Coach and Horses public-house—the prisoner stopped there and baited his horses outside—I
saw him take one truss of hay from the load, carry it to the steps of the loft, and saw Smith the ostler receive it from him at the top of the ladder—I staid there till Wells put his horses to, and went on the road—I then went and stopped him, and asked what quantity of hay he had on his load—he said, "All that I am allowed by my master"—I said, "I am a policeman, and insist on knowing what you have"—I found only part of the truss I had put the tickets in—I asked what he had done with what he had on the load, previous to coming to the Coach and Horses—he said that was all he had which was on the load—I said, "Do you remember a person getting up on the road?"—he said, "Yes"—I said, "Well, I have seen you leave a truss at the public-house"—he denied it—I took him back to the house, and met Smith, and said, "Where is the truss of hay you received from this man?"—he said he had not received any from any body whatever—I said, "I am a policeman, and demand the key of your loft, and will show you where it is"—he denied it—I at last got the key, went into the loft, and picked out the truss, with others, with my tickets in it, with my name and number on them—I brought it down, and Smith said, "You are under a great mistake in bringing Wells back, for he is master of the team, the wagon, and the whole concern"—Wells heard it, and did not deny what he said.
Wells. I put the truss in the loft, and the corn and chaff with it, ready for my coming back next night, instead of taking it to London—I left it under the ostler's care—I fed the horses with part of the other truss.
Smith. He left the truss with me as he always did, against his coming back from London—he asked where he should put his hay and corn, I said, "Put it in the loft, where you always do;" when the policeman came back, he brought the hay down—I said, "Why not take the corn and chaff and all of it together?"—he said, "No, the truss of hay is enough for me." Witness. He did not say a word of the kind, and I saw no corn or chaff taken up—there was corn and chaff, on the top of the wagon, when I examined it first, but I found none in the loft—the prisoner's master is too ill to attend here.
JOHN SAWYER . I am a hay binder—I know Joseph Flaxman of Chetham—I bind hay for Mr. Taylor, who sells to Mr. Flaxman—I loaded the wagon with hay on the day in question—it was hay he had purchased of Mr. Taylor—I put seventy-two trusses into the wagon, and bound them on with a rope—Wells was the driver,—after that three trusses more were put on, two were meadow hay trusses, which he brought from home for his horses, and he said he would have one truss of hay from the heap as well.
CHARLES STEBBIN . re-examined. He had two trusses on his load, and when I examined it afterwards, there was about a quarter of a truss—I believe one horse was left behind—there were four horses to the team, and afterwards but three.
NOT GUILTY .
MARK MARKS . I am a hatter, and live in High-street, St. Giles. On the night of the 12th of November, the prisoner was brought into my shop by Daniels with this hat, which had been taken from my shelf.
Prisoner. I found the hat on the flags out in the street, and took it up—some one said, "You stole that hat," and took me into the shop—I have
been in Hanwell and Bethnal-greea madhouses four years, and I was a madman four months and a fortnight.
SAMUEL DANIELS . I am a constable of the Mendicity Society. On the night of the 12th of November, I saw the prisoner pat his hand in at the prosecutor's door, take a hat and run away with it—I ran after him, stopped him, and said, "What have you got here?"—he made no answer—I took him back to the shop—he said I was the thief, that I stole the hat and gave it to him—as I brought him back, he bit me violently in the hand—I believe he has been confined in a lunatic asylum, but I am not certain—he ran away with the hat, and I after him—I took it out of his hand, and said, "What have you got here, you have a hat?"—he said, "Yes, me know that"—it had the paper round it—he appeared sober—he did not appear strange to me, or out of his mind—a few people followed us to the shop, but there was nobody about him before.
(The prisoner talked in an incoherent and unconnected manner, and appeared to be of weak mind.)
GUILTY . Aged 35.—Recommended to mercy.— Judgment Respited.
ELIZABETH DUKE . I live with my brother Joshua Duke, a school-master, in Gray's-buildings, Kingsland-road. On Tuesday afternoon the 10th of November, at three o'clock, I came from the kitchen to go to the dining-room, and saw the prisoner by the mantel-piece, taking the watch off a nail there—he went to the door, returned and put the watch on a chair—I called, "Thief," and laid hold of him—he tried to get away at the side-door—he opened the door, lifted the latch up, and went out into the fore court—my brother came to my assistance, went after him, and he was brought back.
Cross-examined by MR. DOANS. Q. Is the dining-room on the ground floor? A. It is even with the kitchen—you go down some steps to it—it is rather under ground—he had got in by a stable-door, by which the scholars enter, and which is always on the latch, but never open—when I screamed, he put it on the chair—I was following him—I saw his face when he turned—I was with him about three minutes before he got away—I am not mistaken in him—he had a cap on, but it was off when he was brought back.
JASHUA DUKE . I am a schoolmaster. I heard a noise in the dining-room, and found the side-door open—I saw the prisoner in the fore-court running out—I believe him to be the man—I only saw his back and his dress.
JOHN HENRY EWER . I am a traveller, and live in Park-street, City-road. On Tuesday afternoon, between two and three o'clock, I saw the prisoner running out of the prosecutor's fore court, and two men following him—I went after him and caught him about fifty yards off—I had lost sight of him for a minute—I am certain he is the person—he was running when I stopped him—he said nothing.
Cross-examined. Q. How near were you to him when be came out? A. Within fifty yards—he ran across to the Hoxton-road—I ran round another way to meet him—I swear positively he is the man.
in charge at the prosecutor's house, with the watch and seal—on the way to the police-court, he asked what I thought he should he done to—I said, "I can't tell you, the less you say to me, the better."
Cross-examined. Q. I believe he cried? A. Yes.
(Property produced and sworn to.)
GUILTY . Aged 19.—Recommended to mercy.— Confined One Year.
NEW COURT.—Thursday, November 26th, 1840.
Fifth Jury, before Mr. Common Sergeant.
86. JAMES PRIOR . was indicted for stealing, on the 3rd of November, 2 1/2lbs. weight of pork, value 1s. 6d., the property of Henry Cutbush; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 27.— Confined Six Months.
GEORGE FAVELL CANT . I am the son of George William Cant, and manage his business. The prisoner was our servant. On the 5th of October, 1839, I sent him to Mr. Marshall's in Oxford-street with one dozen pattens—he was to bring back 6s. 6d.—he absconded—I never saw him again till the 2nd of this month—he saw me, and ran away—I followed, and gave him in charge.
Cross-examined by MR. BALLANTINE. Q. Did you take a note of the day? A. No; but I remember it perfectly well—he was a jobbing porter—he was employed all the week, and was paid according to the work he did—he did not live in the house—we should have expected to have had notice if be left—when he delivered the pattens his job was concluded—I should not have expected him to do more that night—we had a good character with him—I had employed him to receive money before, and he has done so.
MR. CANT. re-examined. I made out this bill and gave it to the prisoner—I swear I gave it to him on that day.
(The prisoner received a good character.)
GUILTY . Aged 36.—Recommended to mercy.— Confined One Month.
MR. PHILLIP. conducted the Prosecution.
WILLIAM SANGSTER . I am in partnership with my brother, John Sangster—we live in Regent-street—the prisoner was in our service, and had 30s. a week—in consequence of a communication from Mr. Cheek, of the Strand, I went to his shop on the 24th of October—I there saw seventeen silk umbrellas, which I immediately recognized as my manufacture—when I had been there about half-an-hour the prisoner came in—I said, "Halloo, Bloomfield, is that you?" and asked him what he had to do there—he said he had some business with Mr. Cheek—I said "What are these umbrellas?"—he said, some that he had made up—I asked where he got the silk—he could not answer—I said, "You had better hold your tongue, you know that
they are mine"—he burst out crying, and laid, "Do let me go—don't take me"—I was rather inclined to do so, but Mr. Cheek was desirous that I should have him taken—the prisoner said it was the first time.
Cross-examined by MR. CLARKSON. Q. Did you ever say that you should not have prosecuted him if it had not been for Mr. Cheek. A. I said so just now—he was the last man I should have suspected, only Mr. Cheek said, "If you let him go, you deserve to be robbed every day of your life." The prisoner worked for me till seven o'clock, and then worked at home for me, by which he earned about 10s. a week—I have not the least reason to believe that the frames of these umbrellas belonged to him—I have brought three workwomen here to prove that these umbrellas were sewn by them, two of them were before the Magistrate, but they were not examined—I am prepared to swear that the prisoner told me it was his first offence, and begged for forgiveness—he said, "Do let me go—it is the first time"—I do not recollect saying to him, "Have you sold umbrellas to any shop?"
ALLAN PHILLIP . (police-constable F. 48.) I took the prisoner. On the Way to the station he asked what would be done with him—I said it was impossible for me to tell—he said he was going to be married on the Tuesday, which was the cause of his doing this, and if Mr. Sangster would give him time, he should be able to make all right.
Cross-examined. Q. That was taking him from Mr. Cheek's shop. A. Yes. I told the Magistrate so, but it was not taken down—my depositions were read over to me—I did not mention that that was left out—I asked the inspector whether I should—he said, "You had better not put yourself forward."
MR. CLARKSO. called
MARY WHEELER . I am an umbrella-maker, and lire in Foley-street I made these umbrellas for the prisoner—(looking at them)—he brought them to my house to make—I did not make the bags—these are my buttons, which I put on myself—the sewing of this umbrella is mine—(examining it)
MR. PHILLIPS. called
MARY FOREST . I work for Mr. Sangster. I have every reason to suppose this to be my work—(looking at an umbrella sworn to by Wheeler)—I was not sworn before the Magistrate—the umbrellas were brought forward, and the prisoner said, "I should like these sworn to," but it was not allowed—when I went out, Mr. Sangster opened three umbrellas—I said they were not mine—I then went to Bow-street, and opened the whole of the umbrellas, and to the best of my belief, five or six were made in my house—I could not swear to the whole of the work.
GUILTY . Aged 21.
MR. PHILLIP. conducted the Prosecution.
ALLAN PHILLIP . (police-constables F 48.) I went to the prisoner's lodgings, and found there a considerable deal of property belonging to Mr. Sangster, and two duplicates relating to this property, I found in his box—these are them—I know it was his lodging, because I found a card in his pocket—I heard the prisoner say to Mr. Sangster, "I hope you won't, sir, for it is the first time."
Cross-examined by MR. CLARKSON. Q. What was the conversation you had with the prisoner when you took him? A. He asked me what I thought they would do with him—I said it was impossible to tell—he began to cry—I asked if he was married—he said no, he was going to be married on Tuesday, and if Mr. Sangster would not give him in charge he would make it all right—he did not deny his guilt to me.
JOSEPH BAKER . I am an assistant to a pawnbroker. I produce three parasols, and 186 umbrella handles, which I believe to have been pawned by the prisoner for 1l. 6s., on the 29th of June—I gave the duplicates produced to the party—I do not remember making any inquiries about him—I imagined these handles to belong to a person who made these sort of things.
WILLIAM SANGSTER . These parasols are mine—I have a workwoman to swear to them—I have not taken stock, and found that I have 186 handles missing, but I believe these are mine from some particular ones among them—some were made in Paris, and some in Germany—here are two small heads, which I have had in my possession eight or nine years—they were very expensively carved in Paris, and were too dear for what they were intended—here are two feet carved in Paris—they never make such things in London.
Cross-examined. Q. Do you remember in June last the prisoner buying any parasol covers of you? A. No, it was later than June—I should say he did not buy silk of this description of me—he wanted to have a dozen of soiled covers, which I let him have, which he never paid me for—I should say the cover of this parasol is not one of them, most decidedly not—it is quite clean—he pawned this when he had been only ten days in my service—it was after June he bought of me—I swear that—these handles are mine—they manufacture in Paris for other persons, but these two heads have been through my hands twenty times, I suppose in stock taking—I do not think there is a workman in London could carve like them—I have handed to the prisoner articles of this sort to complete goods of mine—I when he had goods to work, he took out a certain number of finishers and brought them home—he was not allowed to take home more than his parasols required.
Q. Look at this Peruvian's head, and tell me whether you did not hand that to him to put on a cane when he could get one? A. It might be so, I really cannot recollect it—I might have said, "There is a particular head, if you can find a cane, put that in a certain lot of goods you are going to make"—he had the management of that branch, so much that I never looked much after it—if there were canes to be found to be applied to heads, he did it, but after the parasol season was over, his book was closed, and he ought to have brought back all he had—I cannot swear that there are heads here which were not delivered to him in the course of his work—it would be impossible for any manufacturer so to do.
Q. Have you ever given him heads, and before they were put on given him others, and told him to put them on instead? A. Decidedly, but not often—he may have had one or two heads, but not one hundred and eighty-six—when I spoke to the prisoner, he repeatedly kept putting his arm in mine, and repeatedly said, "Let me go—it is the first time,"
COURT. Q. Even if you did give him any of these things, did you ever authorize him to pawn them? A. Never.
MR. CLARKSO. called
WILLIAM DUTTON . I am a water-gilder and umbrella-maker, and live in Ogle-street. I have worked for the prisoner in his business as an umbrella-maker—about June last, the prisoner said he bad bought seven pairs of parasol covers of Mr. Sangster, and he showed them to me, one by one—I did not receive any of them.
Q. Are you able to say whether the covers of either of these three parasols is one? A. I am certain this is one—(looking at a parasol)—or one of the very same pattern—it is a soiled qne—the prisoner was in the habit of cleaning them before he put them on—(looking at those identified by Sheen)—I cannot swear to this one—I have seen one like it—I can swear to this other by the flowers being faded, and I know the silk by the border.
Q. But what do you know this silk by, any more than any other piece of silk that came from the entire piece? A. I cannot tell, only from the flowers being faded—I have got four parasols in my possession, which I found in the prisoner's box when I took the things from his lodging after he was in custody, and after the officer searched the premises—here they are—(producing them)—they are soiled, and have been taken off old parasols.
Q. Take up any one of the three parasols that have been produced, and now mind how you answer this question for the prisoner's sake, and for your own; do you mean to tell the Jury that you, believe this silk has been taken off another parasol, and cleaned, and put on this? A. I cannot swear that, because the prisoner had a particular way of doing it.
Q. Now look at the second; do you believe that cover has been on a parasol, and taken off and cleaned, and put on another? A. Yes I do—this third one I cannot speak to—these heads and handles, or some like them (looking at them) I have seen before the prisoner worked at Mr. Sangster's—these two I saw before he worked there—this one I saw months before he worked at Mr. Sangster's house, when he worked for him at his lodging—I have seen heads like these others—I can only speak to a similarity of pattern—here is one, the head of an Indian Chief, which I saw in his lodging while he was working for Mr. Sangster, but not at his house—I made part of the frames of the seventeen or eighteen umbrellas in the last case only—we work one in another, that is, I have made one part, and he another—he being a better hand than I am he has finished them—there is a mark on one of these parasols that I can swear to—this is the one—(taking up one)—here is the stain—the prisoner said he could not get it out—I cannot swear to this one—I had been at his lodging on the Saturday morning before he was taken—there were materials for making up many dozens of umbrellas and parasols.
MR. PHILLIPS. Q. Did you ever see this Greek head? A. Yes, at the prisoner's lodging, I should think seven months ago—I remarked it particularly—he told me he had pawned some of the knobs, and I believe he had pawned them—I would believe him if I heard him make an assertion.
Q. Then if when Mr. Sangster charged him with robbing him, he said it was the first time, would you believe him? A. I do not know.
were soiled—he said he had bought the covering of Mr. Sangster, and they were soiled—he was in the habit of making parasols and umbrellas—I made a great many for him.
JONES. I am an umbrella frame-maker. The prisoner has bought materials of me—he bought a few hooks about two months ago, and bought silk of me four or five months ago, but not such materials as those produced.
SAMUEL PRIOR . I am an umbrella-manufacturer, in Holborn. I have known the prisoner perhaps a year and a half—he has bought materials of me for making parasols, but I cannot identify any of these parasols—these heads were never in our house.
(Susannah Barnett, a parasol-coverer, in Tichfield-street; and Frederick Churchill, a coal-merchant, gave the prisoner a good character.)
GUILTY . Aged 21.— Transported for Seven Years.
JOHN THOMAS . I am a linen-draper, and live in St. Martin's-lane—the prisoner was my shopman. Having constantly missed money, I marked 5s. worth of copper, which I put into my till on the evening of the 2nd of November—I went to the till again about half-past eight o'clock next morning, and found on deducting what we had taken in the morning I was 5d. short—I got an officer, who searched the prisoner in my presence, and this 5d. was found on him which I had marked.
Cross-examined by MR. CARRINGTON. Q. How long had he been in your service? A. About five months—we had taken about 2s. 3d. that morning—there was silver in the till, but no gold.
(The prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy.— Confined One Month.
MARY ELIZABETH WHITE . I am in partnership with my brother William—we live in High Holborn. On the 27th of October, between seven and eight o'clock in the evening, the prisoner Rogers came into the shop and requested to see some black handkerchiefs—I showed him some, and he objected to the size—I then showed him some coloured ones—Trott then came in, and asked to see some ribbons, and while showing him some, I heard the drawer in which the handkerchiefs were, drawn towards Rogers—I looked, and was aware I had lost something from it—while I was cutting the ribbon for Trott, Rogers said he would not trouble me, and went out—Trott paid me for the ribbon, and then he went—the box of handkerchiefs was about one yard from Rogers—he could reach it—he was nearer than Trott was to it—the prisoners did not speak to each other while they were in the shop—after they were gone, I looked into the box, and saw the handkerchiefs were disturbed—I could not tell that I had lost one—I have since seen one that I lost from that box—this is it—(looking at it)—it was brought back by Alderman the officer, on Friday the 30th.
Cross-examined by MR. CLARKSON. Q. How did you ascertain that you had lust any thing? A. In turning the handkerchiefs up, I observed
a dark coloured one on the top, and after that I observed there was a bright scarlet one on the top—I can swear to the mark on this handkerchief, which is my own writing—I have brought one of the same pattern—I cannot tell how long before the prisoner came in I had sold any handkerchief.
COURT. Q. Would this handkerchief hare the mark on it if you had sold it? A. No; we always take them off.
MR. CLARKSON. Q. Will you swear you always take the mark off? A. I think I can—I might by chance sell one without, but I think not.
WILLIAM ALDERMA . (police-sergeant H 7.) On the 27th of October, about a quarter past eight o'clock in the evening, I was in Lamb-street, Spitalfields, in plain clothes—I saw the two prisoners walking and talking together—I took the liberty of laying hold of Rogers, and said to him, "What have you about you?"—he said, "Nothing"—I put my hand into his pocket, and found a bundle of cigars—he said, "I am not going to be searched"—I took him to the station, and found on him five more bundles of cigars—I then took him into the Inspector's room, pulled down his small clothes, and when I polled them up again, this handkerchief was on the ground—I asked if he knew any thing of that—he said, "No, do you want to accuse me of stealing that?"
Cross-examined. Q. Did you take them on speck? A. Yes—I always stop people I know—I went about to make inquiries, at last I found Miss White—I had not had any other prisoner in the room where I searched Rogers—the handkerchief was not there when he went into that room.
GEORGE TRE . (police-constable H 125.) I was on duty with sergeant Alderman, and took Trott—I asked what he had got—he said he would not tell me—I said I would take him to the station-house—he said he would walk if I would let him go, which I did—he set off, and ran—I pursued and took him—I found this piece of ribbon on him, and some sewing-silk.
Cross-examined by MR. CARTEEN. Q. Was Trott admitted to bail? A. Yes—he surrendered.
(Rogers received a good character.)
ROGERS.— GUILTY . Aged 19.
TROTTT.— GUILTY . Aged 28.
Confined Nine Months.
MR. BALLANTIN. conducted the Prosecution.
JOHN FISHER . Sen. I am a baker. I have one shop in Cow-cross-street, and another in Monmouth-street, which is attended to by my son and daughter—the prisoner has been in my service for three or four months—the shop in Monmouth-street communicates with the bakehouse, by two trap-doors, one of which is in constant use, and the other not in ordinary use—I was not aware that it could be opened—on the 3rd of November, in consequence of information, I marked some copper-money, in the presence of my son and daughter—I gave it into my daughter's hand, saw her put it on the mantel-piece, and told her to put it into the till the last thing at night—it was the prisoner's duty to work during the night in the bakehouse, and to call my son when the bread was ready—his usual time of coming was eleven o'clock at night.
Cross-examined by MR. CLARKSON. Q. Were you examined before the Magistrate? A. I was—I signed my deposition, but it was not returned, as I was obliged to go to my occupation, and I sent my son and daughter to give evidence—the prisoner came into my service at my instance—he had been with me previously for a short time—he left because I wished to shut up the shop to do some repairs—he went into the service of Mr. Hoffmeister, and after he left there, I asked him to come into my service, and then he came to work in Monmouth-street—he had worked at Cow-cross first—he came back at my application, three or four months ago—I did not tell him if he confessed this and returned the money no more should he said about it—I said, if he was guilty of a wrong deed, it might go better with him, if he acknowledged to the fault—he denied all knowledge of the transaction—I did not tell him I suspected any body else—I swear that—I asked where his neck-handkerchief was that morning—he said it was in his hat in the bakehouse—he wanted to go down and get it—I said, "No, you are not to go down there again; if your hat is there, I will get some one to find it"—I suspected him then—there were 131bs. Weight of copper money in the till over-night, and 1lb. weight was missing—I did not ascertain what amount in value there was, but I weighed it, which is my invariable practice—the money was not marked on both sides—I know of no quarrel between my son and the prisoner, of any consequence—I never heard of any thing of the kind till since this occurrence—I have been told by the prisoner's friends that ray son has taken this plea against him out of spite—persons who are working together will occasionally have words, but I never knew there was any serious dispute, or any fighting, nothing more than ordinary words.
MR. BALLANTINE. Q. Has your son ever complained of the prisoner? A. Yes, he has complained of business not being done in proper time, but not of having been ill-treated by him in any way.
ELEANOR FISHER . I am the prosecutor's daughter. On Tuesday, the 3rd of November, my brother and I marked eight pence and eight half-pence, about nine o'clock in the evening—I placed them on the mantel-piece, where they remained till the last thing at night—I then put them into the till with other copper money—I weighed the till, and it weighed 13lbs.—I then put it in its place again—I did not lock it—the prisoner came between eleven and twelve o'clock that night to shut up the shop—when he had done it I let him down into the bake-house by the trap-door which was in usual use—I placed some pieces of wood over the other trap-door—next morning when I came to the shop I weighed the till, and found a deficiency of one pound weight, and all the marked money gone but a halfpenny—I also found the pieces of wood gone from the trap-door, which showed it must have been opened—I had left the shop last at night, and locked the shop up—there was no means of communication with the shop except by those trap-doors.
Cross-examined. Q. Any body in the shop could have moved the pieces of wood without coming up the trap? A. No—because they were not put there till the shop was shut—nobody could get into the shop—it was examined before any body came into the shop in the morning—I never heard of any squabbling between the prisoner and my brother.
JOHN FISHER, JUN . I am the prosecutor's son. I was present on the evening of the 3rd of November with my sister and father when the money was marked—I went to bed at nine o'clock, and did not see it put into
the till—the prisoner called me up about half-past one or two o'clock, when the bread was ready—previous to going to bed I marked the trap-door with two pieces of wood—I left my sister in the shop to see that it was right—next morning I came into the shop with my sister—we weighed the till—we examined the trap-door, and found the wood disturbed—after we had weighed the till I opened the shop—the prisoner came into the shop, and asked me for sixpence—I gave him six penny pieces—my father came about eight o'clock, and I made a communication to him—the prisoner was taken into custody about an hour afterwards—I fetched the officer—I saw him searched, and two penny pieces were produced which I recognized as two of the marked ones which were put into the till the night before—I afterwards saw some penny pieces produced from a handkerchief in the bakehouse, and recognised six of those and four half-pence as part of the marked money.
Cross-examined. Q. I am told you and the prisoner have not been the best of friends? A. Nothing particular—it was his duty to call me of a night when the bread was ready—I was not in the habit of putting a chest of drawers against my bed-room door to prevent his getting in to call me—they never were against the door when he came to call me—there was a piece of iron, which I used to put to catch the door, because I would not trouble myself to lock it—I placed it to keep the door from opening, not to prevent the prisoner coming in to call me—we have had words—I never said, if I was not man enough to beat him, I would do for him some way or other, nor any words to that effect—he has said that he called me up, when I do not believe he has—there was a fuss about that—I believe Mrs. Best, who lodges in the house, made some complaint to my father because she did not much like me—she had a kind of spite against me, because I was rather sharp with her about the rent—we wished her to go, and she did go—I got the coppers which I gave the prisoner that morning from the till after we had examined it—it was before the shop was opened, and before he was charged—the short weight had then been found—I stated that to the Magistrate.
COURT. Q. Can you say whether out of the sixpence, you gave him any of the marked money? A. I did not, for I examined each piece as I took it out of the till on purpose—my sister was present when I gave it him.
MR. BALLENTINE. Q. Had you at that time missed the marked money? A. Yes—my father had not come then—(looking at five penny pieces)—two of these are marked—this handkerchief is the prisoner's, and here are six pence and four half-pence which were marked the night before.
WILLIAM HEAR . (police-constable 99 E.) The last witness came for me on the morning of the 4th of November—I went to the shop, and took the prisoner into custody—I searched him at the station-house, and found five penny pieces and sixpence in silver on him—I afterwards went to the bakehouse, and in the copper-hole found this handkerchief, containing 1s. 5 1/2 d.
(The prisoner received a good character.)
GUILTY . Aged 36.— Confined Nine Months.
93. CHARLES JAMES . and GEORGE WADE . were indicted for stealing, on the 31st of October, 1 lifting-jock, value 4s.; 330lbs. weight of iron, value 9s.; 7 wooden rollers, value 3s.; and 169 pieces of wood, value 10s.; the goods of the East and West India Dock Company, their masters; to which
JAME. pleaded GUILTY . Aged 27.— Confined Nine Months.
MR. CLARKSON. conducted the Prosecution.
DAVID ASPIN . I am constable of the East and West India Docks—James was wharfinger foreman there. About nine o'clock on the morning of the 31st of October he came to me, and said there was a cart coming up loaded with wood, that he had got a pass for it, and, it was all right—he then went away—the cart came up, and Dawes presented the pass to me—I read it—this is it—(reads—"Allow the bearer of this to pass the gate with some old wood from the yacht Zariffa. GEORGE BROWN. Steward in charge.")—I examined the load, it was not ship's wood—Mr. Lake came up—I told him what I thought, and the cart was unloaded—two cantlins of iron ballast, weighing 3cwt., were found under the wood, and among the wood was a lifting-jack, used for taking wheels off carts to grease them—James was then sent for—he came up to the cart, and denied that he had any thing to do with the wood—Dawes was asked—he and Wade said that James had assisted in loading the cart—the wood was rollers for moving heavy weights, and serviceable wood—I believe it to be the property of the Company.
Cross-examined by MR. BALLANTINE. Q. What was Wade? A. A preferable labourer—as far as I know James kept the keys of the shed in which these articles were.
GEORGE DAWES . I am a wood-cutter, and live in Limehouse. I know James—I have not had dealings with him before the one in question—I have had dealings in the Dock before. On Friday, the 30th of October, I was going up Poplar, and met Wade—he said he had some old wood in the Dock, would I buy it—I said, "What does it consist of?"—he said, "Chiefly of fire wood"—I said, "Is there about as much as is now on the cart?"—he said, "No, about the body of the cart full"—I said it would not be worth more than 8s. or 10s. to me—when I got home I found James standing at my door—he said he had some wood given to him in the Dock, would I buy it—I said, "What is it?"—he said, "Chiefly fire wood"—I said I had been spoken to by a person in Poplar—he said it was the same thing—I said I could give him 8s. or 10s. for it—I went to the Docks the next morning at half-past eight o'clock—I saw James, and Wade a little distance from him—James said, "Hoy! go round to the other side of the Dock, I will come to you"—there was a pile of wood near the barque Zariffa, and the way James sent me was away from that pile—I went round, and waited till James came—he unlocked the door of a shed, went through, and told me to back the cart up to the door at the other end of the shed—when I did so I saw Wade coming up the shed—there was some wood in the shed, and a truck with one or two lumps of iron cantlins on it—James took hold of the handle of the truck—I said, "Are they going in the cart?"—James said, "Yes, I have had them given me"—I got into the cart, and the iron was handed in to me by both the prisoners, and then they handed up the wood to me—I deal in iron as well as wood—the wood was taken from the shed, not from the Zariffa—I did not notice the lifting-jack being put in the cart—Wade gave me this pass—I paid James 10s. for the wood—Wade then said, "Now about the iron; these two pieces weigh 3cwt.;
we have weighed them"—i said, "It is cast iron, not worth more than half-a-crown a cwt. to me"—I had only 2s., and 3d. in copper—I gave them the 2s., and said they might call at my house for the rest of the money.
Cross-examined. Q. Are you a marine-store dealer? A. Yes—I was charged with having some lead when I was in a situation at Limehousehole four years ago—they first charged me with having it, and then with stealing it—that is the only scrape I got into—I have known James about six months—he was in the West India Docks—I was in the habit of going there with my cart—I had had no dealings with James.
GEORGE BROWN . I am steward of Lord Wilton's yacht, the Zariffa—it was in the dock, and Wade had been working nearly opposite to it—I had on board some old bulk heads and fittings, to be used for fire-wood—it was discharged on the wharf, and I offered it to Wade—I have seen the wood that was stopped at the gate, that was no part of the wood I gave Wade—the iron was not mine—I gave the pass Id Wade.
WILLIAM ALEXANDER . I am the wharfinger at the East and West India Docks; James was foreman under me. The sheds No. 2, Export Dock, were kept locked, and either I or the foreman had the keys—on the 30th of October, James had them—the policeman used to have them at night—I examined the wood stopped at the gate, it was not old wood—the pieces of iron were in No. 2 shed, in custody of James—this lifting-jack belongs to the East and West India Dock Company I suppose—it was on the premises before the union of the two companies.
WAD.— GUILTY . Aged 32.— Confined Six Months.
SARAH TAYLOR . I am the wife of James Taylor, of Kentish-town. The prisoner was in the habit of coming to our house occasionally—on Tuesday night, the 3rd of November, I went to bed at a quarter before eleven o'clock, and left my cloak hanging behind the back parlour door—this is it—(examining it.)
Cross-examined by MR. ADOLPHUS. Q. Did you know much of the prisoner? A. No—there was a lady in the house that he was paying attention to—I left my key outside my door for my lodgers and my husband—the prisoner is a respectable man, quite a gentleman—I did not see him that night—I might suppose he took it out of a lark.
MARY BATEMAN . I remember Mrs. Taylor going to bed that night—in fire minutes after my husband came home—we went to supper, and then to bed—after that I heard some one come out of the back parlour door, and go along the passage—I looked, and saw the prisoner going away with a bundle under his arm.
Cross-examined. Q. You do not mean that it was packed up in a handkerchief? A. No, he had something under his arm.
GUILTY . Aged 23.— Confined Three Months.
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 15.— Confined Three Months.
GUILTY . Aged 11.— Transported for Seven Years—Parkhurst.
GUILTY . Confined Nine Months.
GUILTY . Aged 41.— Confined Four Days.
GUILTY . Aged 23.— Confined Three Months.
MR. BODKIN. conducted the Prosecution.
FREDERICK EPWORT . (police-constable N 205.) On the 19th of October, about twenty minutes before nine o'clock in the evening, I saw the prisoner in Cherry Orchard-lane, Eagling, about a quarter of a mile from Mr. Raphael's farm, with Roberts, they were both carrying sacks—I took them into custody—I then went to the prisoner's house, and found his wife there—we found about three sacks concealed under the bed in the room up stairs, and another sack, with about two bushels of wheat in it, standing on a chair by the tide of the bed—I have brought a sample of the wheat here.
Cross-examined by MR. DOANE. Q. Did not these three sacks form a part of the bed? A. No, it was on a bedstead, and they were between the bed and the sacking—the sack with wheat in it was where any body could see it—it has the name Murray on it—it is a very different sack from the other three.
THOMAS EMER . (police-sergeant N 39.) I went with Epworth to search the prisoner's house—I found this sack, containing about two bushels of wheat, standing on a chair in the bed-room—I saw the other sacks between the bed and the sacking—I took two of them out.
THOMAS EVANS . I am agent to Mr. Lewis Raphael, who lives at the late Mr. Mellish's place, at Bush-hill. The prisoner has been in his employ since January—I had made a communication to the police before the 19th of October—the bulk of wheat which we had in the barn has been sold, but subsequent to the committal of the prisoner a man found a sack
of wheat concealed under the sheaves in the barn—I have taken a sample of the wheat in that sack, and compared it with the wheat found in the prisoner's house—it tallies in every respect with that, and with the wheat we had—it is Talavera wheat, which is not much grown—there had been some barley sown in the ground, and there are a great many seeds in this, more than is usual in wheat—there are the same appearances in each of these samples, and I hare no doubt of its being Mr. Raphael's—this was not threshed in the barn which the prisoner was at work in, but in a barn on the other side of the yard, by the prisoner's brother, but he could go to that barn when he pleased—in gleaned wheat the seeds of barley would not appear—I can state certainly that this is not gleaned wheat—this sack with the name of Murray on it, and which contained the wheat found at the prisoner's, came to Mr. Raphael's from Spitalfields-market in exchange for one of his own—these other three sacks, found under the prisoner's bed, I have no doubt are Mr. Raphael's—they are of foreign manufacture—we purchased sixty of them in Smithfleld—they are not made of hemp, but of some foreign produce, and are much larger than the usual size—the prisoner knew that such sacks were on the farm—he has filled such sacks with torn very often—three sacks had been missed on the Thursday week before, out of six which had been taken to the potato-field to be filled.
Cross-examined. Q. When had you seen the sacks? A. The bailiff had missed them—this fourth sack had been torn, and repaired in a rough way with twine—I never saw another sack marked like it—it is marked "Murray, Staple ford Abbott"—these other three sacks are of an unusual manufacture—I never saw any such but those sixty we bought of Mr. Edgington—if gleaned wheat had been threshed in a barn in which there were seeds of barley and other things, it would not present the appearance that this does—there would not be such a quantity of seeds in it, as the barn is always swept before corn is threshed.
STEPHEN ROBINSON . I am bailiff to Mr. Raphael. I have no doubt that these three sacks are his—I took six of them to the field on a Thursday, and missed three on the Monday following—I have looked at the wheat found at the prisoner's, and the sample of wheat found in the barn, I have not a doubt but that they correspond.
MR. SAWYER. I was present at the examination of the prisoner before the Magistrate—what he said was taken down—this is his signature—(read)—"The prisoner says, 'The corn found in my house was gleaned by my wife and children; the sacks I found in the road.'"
GUILTY . Aged 38.— Transported for Seven Years.
MR. BODKIN. conducted the Prosecution.
FREDERICK EPWORTH . I met the prisoner with Webb—he was carrying something—I was not satisfied with what he said, and took him to the station-house—I went to his house, where we found about a peck of wheat, it was in a sack in the bed-room; facing the door.
Cross-examined by MR. PAYNE. Q. Was it concealed? A. No—he lives about a couple of gun-shots from Webb.
THOMAS EVANS . I have a sample of the wheat found at the prisoner's, and of that found in the barn—they correspond in all respects, and here are the seeds of the barley in it—the wheat found at this prisoner's is more perfectly dressed than that found at Webb's—the sack of wheat found in the barn was dressed, so that this wheat found at the prisoner's more nearly corresponded with that in the barn, than that found at Webb's—the prisoner has been in my master's employ since January—he had been threshing in the barn the day he was apprehended.
NOT GUILTY .
SARAH SWETMAN . I am the wife of John Swetman—we keep a shop at Twickenham—I have known the prisoner about three weeks—on the 9th of November, about half-past ten o'clock in the evening, I heard a noise in the passage—J went out and saw the prisoner in the yard—I returned to my shop, and in about five minutes, he came along the passage with some coal under his arm—he went out, I followed him, called after him, and said he had been stealing my coals—I requested him to bring them back—he did not—I went and took him by the arm, and told him if he did not put it down I would give him in charge—he said it was not mine, that he got it from the wharf—Mr. Lucas went by, and I asked him to give the prisoner in charge—he said he would not, and asked where my husband was—I said he was busy in-doors—he went for him, and while he was gone the prisoner threw the coal down, and said, "Take your coal"—he went away.
Prisoner's Defence. I and my nephew were standing by the waterside; this knob of coal fell into the water—I got a boat, and got it out of the water; I then went to the house to have a pint of beer, and put the coal down in the passage, not thinking of stopping, but there was singing, and I stopped an hour or two; my wife then came for me; I came out, took up the coal, and was going home; Mrs. Swetman came, and said I had got her coal; I said I brought it from the water-side—while Mrs. Lucas was gone to call her husband; I said, "If you want the coal more than I do, there it is," and I laid it down.
GUILTY . Aged 26.— Confined One Month.
JOSEPH GEORG . I am in the service of Mr. David Williams, who keeps a shoe-shop at King's-cross. On the 13th of November a neighbour told me something—I went out, and saw the prisoner running, carrying a basket—I followed him—he ran up a court, and into a house—I sent a boy for a policeman, who came—he knocked at the house-door, got in, and I followed him—I saw the basket and the boots by the side of it—the prisoner was in the passage.
had"—he took the boots out of the basket, and said, "Here is a pair of boots for you"—I said, "Oh no," and threw them down—the officer came and took him.
Prisoner. I was in liquor, and have got a wife and two children.
GUILTY . Aged 33.— Confined Three Months.
JOHN PIGGOTT . I am a musician. Between two and three o'clock in the morning of the 7th of November I had been taking a little with some friends, and I met the prisoner about half way down Lamb's Conduit-street—she asked me to treat her to a glass of ale—I said there was no place open—I walked a few yards, and left her; and found I had lost my purse, containing eight shillings and a half-crown, from one of my trowsers' pockets—I taxed her with it—she had walked close to me for a few yards—I cannot say on which side she was—I called a policeman, who took the purse and money from her hand in my presence—this is the purse.
JOHN CRISPIN RAWLEY . I am a police-inspector. The prosecutor called to me, and said the prisoner had robbed him of hit purse and 15s.—I saw her about to conceal something she had in her hand—I seized her hand, and took this purse from her—I then took her to the station-house.
Prisoner's Defence. I saw the prosecutor at the corner of Lamb's Conduit-passage, about five minutes before, talking to another female, and saying she had robbed him of his purse; be overtook me, and asked where I was going, and said I had robbed him of his purse and 15s.
GUILTY . Aged 21.— Transported for Ten Years.
SAMPSON LOW JUN . I am the son of Sampson Low, a bookseller, in Lamb's Conduit-street. On the 12th of November, 1839, the prisoner came into the shop and gave me a note, which was fictitious, from a person in Ely-place, and asked for a prospectus—I went to ask my father what answer I should give, and was not absent half a minute, I returned and caught sight of the prisoner's coat going out of the door—I missed four volumes which had been under my eye while speaking to him—we have never recovered them—I had not seen him before, but about three months ago he brought in a note in the same handwriting as before—I did not serve him, but just caught sight of him as he was going out of the door—I went out, but was too late to catch him—he came again on the 10th of November with another note in the same handwriting—lean swear that he is the person who came in November last year.
NOT GUILTY .
Shire-lane. On the 2nd of November I was washing, and my gold ring slipped off my finger into the tub—the prisoner was there—my ring remained in the water till the next morning—I then charged the prisoner with havening it—she denied it, and I gave her in charge—she was searched, but nothing found—I found the ring under the form where she stood at the station-house—she emptied the water out of the tub, and got the ring at the time.
JAMES BROW . (police constable F 142.) The prosecutrix charged the prisoner with stealing her ring—I took her to the station-house, and she was searched in the adjoining room—I did not see the ring picked up—this is the ring the prosecutrix gave me.
NOT GUILTY .
JOHN PENNY . I am a Custom-house officer, and live on the Terrace, Gravesend. On the 4th of September, about ten o'clock in the morning, I lost a blue coat from the Lime-kiln Dock, Limehouse—it hat never been found—I do not know the prisoner.
JOHN PAYNE . I am a shipwright. I was at the Lime-kiln Dock, sod saw the prisoner come into the yard with no jacket or coat on—I then saw him go away with a blue coat on his arm, and put it on outside the gate.
THOMAS CROSS . I belong to the same dock. On the 4th of September, the prisoner was there—he had no coat or jacket on—I saw him going out with a blue coat on his arm, and I saw him put it on outside the dock.
Prisoner's Defence. I know nothing about it—at first the man swore that I had a pair of canvass trowsers on, and then he said a pair of fustian ones.
GUILTY . Aged 20.— Confined Six Months.
OLD COURT.—Friday, November 27th, 1840.
First Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 35.— Confined Three Months.
GUILTY . Aged 27.— Transported for Seven Years.
HENRY WATSON . I am a tailor, and live in Norfolk-buildings, Somers-town. On the 16th of November, about eight o'clock in the evening, I saw this coat taken from two pegs inside my door—I went out, and was told the person had run up Ebenezer-place with it—I went up and met the prisoner coming out of the place without the coat—this is it—(produced.)
—I gave him in charge of a policeman on suspicion—I then went to a water-closet up the court, and found the coat lying on the top of the water-closet.
Prisoner. Q. Did you see a female come down the court with me? A. No, there might have been one, but my attention was directed to you—I believe you were a little in liquor.
EMILY WALKER . I saw the prisoner near Mr. Watson's house—I was on the opposite side of the way—he stepped in, took the coat off the two pegs, and ran up Ebenezer-court—I followed, and saw him go into the privy, and put the coat on the top of the privy tiles.
Prisoner's Defence. I went up the court with a female—I went to the privy, and when I came out they took me for stealing the coat, which I know nothing of.
(The prisoner received a good character.)
GUILTY . Aged 43.—Recommended to mercy.— Confined Six Weeks.
GEORGE REDGRAVE . I work for Mr. Creswick, a composition frame-maker, in Compton-street, Soho; the prisoner also worked there. I missed a band-vice from the factory, and afterwards saw it offered for sale at O'Brien's, in Monmouth-street—(produced)—this is it.
Prisoner's Defence. I was cleaning out the place alter the prosecutor had left the service, and found the vice—I thought as he bad taken all his tools away, that he did not want it, and as he did not come back for it, I certainly did sell it, but not with any intention of stealing it.
GUILTY . Aged 18,— Confined Three Months.
ELIZABETH BROWN . I am the wile of Richard Brown, a gentleman. The prisoner was in our service for a fortnight—this velvet was In a basket at the top of a wardrobe in the front-kitchen—there were seven yards—two days after she left I bad occasion to take it to be dyed, and missed two yards—(produced)—I believe this to be part of my velvet—it is the same quality, and tallies exactly with the quantity missed—it was cut up in breadths to be dyed.
Prisoner. She gave me several things to stop. Witness. I did not give her this, or any thing to stop, for she did not suit me.
ANN CONNELL . I carry out milk; my husband is the prisoner's brothere. The prisoner gave me this velvet at her master's door—she told me her mistress had given it to her, and it was of no use to her—I took it home and sold it to my mistress for half a crown.
Mrs. Harrod—I received the prisoner into custody at the station-house when she was brought there.
Prisoner's Defence. My mistress gave me the velvet to trim a bonnet, also a large comb, and two pairs of shoes—she had me taken up because I left—I gave the velvet to my sister-in-law, as it was of no service to me—it is a lodging-house, and I gave warning to leave after I had been there three days.
GUILTY . Aged 18.—Recommended to mercy.— Confined Three Months.
Before Mr. Justice Bosanquet.
113. ELIZABETH CROW . was indicted for unlawfully, maliciously, and feloniously assaulting Elizabeth Broderick, on the 24th of October, and cutting and wounding her on her head, with intent to do her some grievous bodily harm.
ELIZABETH BRODERICK . I am a widow, and live in Tooting-court, Crawford-street, Marylebone; the prisoner kept the house; I lodged and slept with her. On a Saturday night in October I came home about half-past twelve o'clock, and found my daughter and the prisoner at the door, and the supper on the table—the prisoner told me to sit down to the table—I sat down by the fire, being very cold—she told her daughter to come to the table—I said I could not sit down at her daughter's table—that was all I said—my daughter gave me my supper as I sat by the fire—I was eating it, and never spoke a word, when the prisoner took the poker and struck me over the head with it—my daughter took hold of her, and she stabbed her with a knife, which was on the table, and bit her in the arm—my daughter said to her daughter, "Kitty, come out and look at your mother, for she is breaking my arm"—my daughter said to the prisoner, "Betty, don't you do any more damage"—that was after she had struck me with the poker—my daughter caught hold of her and kept her till her daughter came out and took hold of her mother, and my daughter caught hold of me and took me out—my daughter took me down to the station-house, and there I gave information—the prisoner was brought there in less than five minutes, by Hunt—I was bleeding a good deal from the blow—my husband was sent away eighteen or nineteen years ago from this place, and that is all she has to say against me, and she will be sure to have my life when she comes out.
Cross-examined by MR. PAYNE. Q. What had you been doing that evening before you came home? A. Selling things in the street, with my daughter—we had had but one glass of gin, and one I had with Mrs. Crow about eight o'clock, when I paid her my rent at my stall, and then she bid me good night—I had the other glass at twelve at night, and my daughter had the same, and Betty Crow was there—it was at Beasley's, at the corner of Cromer-street—I and my daughter do not work for the prisoner—I swear we were not intoxicated that night when we got home—we were both quiet and sober—we did not give the prisoner any provocation to take the poker up—her daughter was in the other room when I said I would not sit down to table with her—she was called in to supper, but she did not come in till my daughter called her, after the blow was given with the poker—my daughter and I did not get quarrelling together—we talked, but were quite quiet—we sometimes may have a word like other people—I have been in prison for violent quarrelling—I have come from the House of Correction now—I was sent there for six weeks for ill-using a boy—I have
been there ten days—they sent a parcel of boys after me to hoot roe, and I told Mr. Rawlinson that, but he sent me for six weeks—I have never been in prison for three months, never longer than six weeks, that was this time, and another time ten days for getting a drop of gin—the policeman said I was drunk—I have been there twice for six weeks—I got two months once for breaking a shop-window in Oxford-street—I swear I did not receive the injury on my head in a quarrel with my daughter—the prisoner said nothing to me before she struck me—I had lived in her house three or four months—my daughter and I had quarreled three or four times since we have been there, or it may be a dozen.
COURT. Q. Did you sustain any injury from the blow? A. Yet, I was cut on the head, over my eye.
ELIZABETH BRODERICK, JUN . I am the prosecutrix's daughter. I was at home before my mother—I had the supper ready when she came in, and Mrs. Crow was giving the soup round to her lodgers in the next room—my mother was in the other room—Mrs. Crow came into the room, and told my mother to sit down to the table—she said she was cold, and would sit by the fire—with that she called her daughter to the table, and my mother said she could not sit down to her daughter's supper as she could sit down to mine—the prisoner then took the poker from the fire-place, and struck my mother with it over the eye—my mother was sitting at the fire at the time—after she gave my mother the unmerciful blow, she took a plate off the table, and broke it with the poker—she was going to give my mother a second blow with the poker, when I went between them, and prevented it, and she cut me in the hand with a knife which she had in her hand—I brought my mother down to the station-house—Hunt went with me, and brought the prisoner there—I brought the poker to the station—I gave it to Hunt, and next morning gave him the knife—my mother was not cut with the knife.
Cross-examined. Q. How old are you? A. Seventeen years—I have been in prison three times—the last time was for a row in Titchfield-street—I came out on the Saturday before this took place—I had been there twenty days—I was sent from Marylebone Office—there was only me and another young woman in the row—the time before that was for a fight, about twelve months ago, or more—I was there seven days—it was a raw between me and my mother, not a fight, nothing but words—then was no blow—I do not very often have words with my mother—not a dozen times since we have lived at the prisoner's—we have not had one quarrel since we have been there—we had no quarrel that night—the first time I was in prison was when I was fifteen years old—I do not know how long I was there, nor what it was for—I was never there for thieving, nor for murdering any body—I will not swear I have not been more than three times in prison—I cannot tell how many times.
JOHN HUNT . I am a policeman. In consequence of information given at the station-house, I went to the prisoner's house—the door was fastened—I knocked—she came and put her head out of window, and said, "Is that you, master Hunt?"—I said, "Yes, open the door"—she said, "I will open the door for you"—she did—I asked her what she struck the old woman over the head with a poker for—she said she knew that, and she chose to do so—I asked how she came to cut the daughter's hand—she said she had not cut the daughter's hand, nor yet touched her—I told her she must go to the station-house—she did not say how it happened
—at the station-house she said it began about some Irish stew—the women were taken to the Dispensary—the poker was given to me, and the knife on the Monday—at the station-house the prosecutrix gave the account she has here.
Cross-examined. Q. Have you mentioned before about asking her how she came to cut the old woman, that she said she knew that, and she chose to do so? A. I mentioned it to the Magistrate—(looking at his deposition)—this is my handwriting—it was read over to me before the Magistrate—I swear I told it to the Magistrate, as I have here—(the deposition being read, contained the following statement:—"told her she must go to the station-house for injuring Mrs. Broderick and her daughter—she said they deserved what they had got, that they began on her first.)
Q. Did she say they deserved what they had got? A. She said tan-tamount to that—she said they had begun on her first.
JOHN NICHOLSON . I am surgeon at the Dispensary. The prosecutrix was brought there with a wound about two inches long over the left eyebrow, extending to the bone—the neighbouring parts were much bruised and contused—I dressed the wound—she was under my care about ten days—it was not a serious wound, but she had some symptoms afterwards—I do not know whether they were owing to the wound or internal, but they all subsided—she was well in ten days.
Cross-examined. Q. Was she ever in danger, arising from the wound? A. Certainly not.
(The prisoner received a good character.)
GUILTY. of an Assault only. Aged 56.— Confined One Month.
Before Mr. Baron Parke.
MR. ADOLPHU. conducted the Prosecution.
SUSAN DAVIS . I am a widow. I lately lived at No. 2, Hampshire Hog-yard, St. Giles's—the upper rooms and the kitchen are let out to men and their wives—I knew the deceased—she told me her name was Mary Nicholls, but that was not her real name, it was Rachel Selway—the prisoner and the deseased lived together, and slept in the same bed—I slept in the same room—the deceased was thirty-one years old—she was in perfect health the night this happened—on Sunday evening, the 18th of October, she came home at seven o'clock, and remained in the room a few minutes, and went out again—I saw her come up stairs again about twelve or one o'clock—she was rather in liquor—I saw her, but really did not notice whether she appeared beaten or bruised then—she did not complain of any thing of the kind to me—she came to bed to me—after she had been in bed some time, the prisoner came in—I cannot recollect whether the door was open, or whether he had any difficulty in getting in—he came into the room, and commenced beating her with the broom-stick—he said nothing first that I heard—I had been in bed and asleep—she said, "James, don't beat me any more, I am innocent"—he said, "I will learn you to speak against me while I am in the country"—I said to him, "James, don't beat her any more, or else you will kill her"—he answered, "Mind your own business, what is it to you?" and then called her a b—w—, and told her she was a w—in her heart—with that he went and looked out of window for a few moments,
and then returned back again towards the bed—he then went down stairs, and went out for about a quarter of an hour or twenty minutes, he came back again, wrenched the leg from the table, and commenced beating her with that again on her head, and arms, and shoulder—she groaned and seemed as if she was insensible with the pain—she did not utter many words, and was faint from the blood she had shed, and altogether—she laid on the floor—she had struggled out of bed to get out of his way, and the prisoner asked me to lift her into bed—I said I had not got strength to lift her in—he lifted her into bed himself and I covered her over with the bed-clothes—the prisoner laid himself down, and slept on the floor—the deceased went to sleep, and so did I for some time—in the morning I awoke, and got up about seven or eight o'clock, and he took off his shoes and jacket, and laid down by the side of her—he asked me to get up and light a fire, and get some water to wash the blood from her face—I got up immediately, and said to him, "I wish you would get up, I want to look for some money to get her something, for I think she must be very faint"—she said she was very bad, and very full of pain—the prisoner said, "It is not half bad enough for you"—he got up and went down stairs to a young woman named Sarah Bradbury, who came up—he did not come with her—she went down again and fetched up some warm water, and with my assistance, and Grace Cons, we washed the blood from her face—we then got her out of bed, and changed her shift, which bad a great deal of blood on it—we had a hard matter to get her out of bed, because she complained of her arm, and we told her that Jem was comings—the prisoner returned into the room while we had her out of bed—she would not let us change her shift or any thing without his being present—he desired it, and then she consented to it—after that, we got her into bed again—somebody went to see for a doctor, but none came, and then Bradbury said they would take her to the hospital—the prisoner was in the room when she was taken to the hospital—I went with her to the Middlesex hospital—I did not go and see her while she was there.
Cross-examined by MR. CHANBERS. Q. What time did you go to bed on this night? A. Between nine and ten o'clock—I was rather in liquor when I went to bed, but went to sleep, and had got the better of that—I did not look at the clock when I went to bed—I go to bed about that time—I had lived in that room three weeks with the deceased alone, and one week with the prisoner—he broke the leg of the table off—I have never had any quarrel with the prisoner, never about a sovereign—there was a dispute about 8s. 6d.—when I went to bed at night I had 8s. 6d. in my pocket, and I said I thought he must have taken it, and no one else—I mentioned that to him on the Monday when the deceased was in the hospital, and on my telling him so, he told me to pack up my things, and leave the place, which I did.
MR. ADOLPHUS. Q. Had you any acquaintance with him before you went to lodge there? A. I had seen him several times, but was never in his company, and had never spoken to him—I had no malice or ill-will against him about the 8s. 6d.
COURT. Q. Was the person you say was the prisoner, drunk? A. Yes.
and the deceased, in Hampshire Hog-yard. On Sunday night, the 18th of October, I heard the deceased come home—I was awoke by a noise outside my door by her and Grace Cons, who is my next room lodger—after some conversation between them, Cons with some difficulty persuaded her to go up to her own room—about a quarter of an hour or twenty minutes after they had gone up stairs I heard some one else come in—I did not hear that person say any thing at the door of the room, but when he went into the deceased's room I heard his voice—I should not like to swear to the voice, but to the best of my belief it was the prisoner—I believe it was him—I should rather say it was him than that it was not.
COURT. Q. Did you know the footstep? A. I thought it was his footstep, but should not like to swear it—I believe so.
MR. ADOLPHUS. Q. Did you hear any other man's voice or footstep in any part of the house that night? A. Not going up to the top of the house—I did not see him up there afterwards—the first words I heard when the man entered the room was, "Get up, you b—w—"—I heard no answer made to that, and afterwards I heard blows—I heard nothing else—after he gave her a few blows the same footstep came down stairs, and remained, to the best of my knowledge, about five or six minutes—I think he must have gone as far as the street-door—the same footsteps, as I thought, returned again, and went again into the room where the deceased slept—I heard the same words again, "Get up, you b—w—, get up, you b—w—, and tell me the truth, and I will forgive you"—I heard no answer made to that, but blows again—he came down stairs, and remained a little longer than he did before—he went up stairs again—the door was shut against him, I believe—he said, "Open the door, if you don't open it I will burst it open"—he got into the room, but I did not hear any answer, nor any body open the door—how he got in I do not know—after he got in he repeated the same words again, "Get up, you b—w—, get up, and tell the truth, and I will forgive you"—on his giving the blows the woman said, "Jem, for the sake of Jesus Christ (I think, but my memory is very bad) let me alone, Jem, leave off, Jem"—and the second time she said, "Shamus, for the sake of Jesus Christ leave off, and don't murder me," or "else you will murder me"—I do not know which—Shamus means James in Irish—I then heard another voice in the room say, "Jem, leave off"—I thought in my own mind that was Davis's voice—he said, "D—n your eyes, what is it to do with you? mind your own business"—I know no more about the matter—I did not speak to any woman in the house.
Cross-examined. Q. How long had you been in bed yourself? A. I do not know—I went to bed, I believe, between nine and ten o'clock—their room was at the top of the house, mine is on the first floor—they lived in the two pair front, not over my head—I believe there are two floors to the house.
THOMAS SAUNDERS . I live with the last witness, but am not married to her. On Sunday night, the 18th of October, I was disturbed by a noise—I heard the footsteps of a man—in my judgment they were the prisoner's—he went up to the door of his room, and said, "Open the door"—I heard no answer, and afterwards I heard him say, "If you don't open the door I will break it open"—I heard no answer to that—I then heard a voice say, "You b—y w—, get up"—it was the same voice as I heard all along—I heard no answer—after that I heard blows—it sounded to me like a person beating another with a strap—it continued five or ten
minutes, to the best of my knowledge—I heard the same feet run down stairs again, and remain down stairs for about five minutes—I heard the same feet run up stairs again, and heard the same voice as before say, "You b—y w—, tell me the truth, and I will forgive you"—I heard no voice answer—I heard a voice say, "For the sake of Jesus Christ leave off, Jem," and again, "For the sake of God Almighty leave off, Shamus, don't murder me"—I then heard another female voice say, "Leave off, leave off, Jem"—he said, "D—n your eyes, mind your own business, what have you to do with it?"—I beard no more after that—I laid awake for more than an hour—I heard nothing more till morning after I got op—I did not see the prisoner or her—I saw him on the Monday evening, but had no conversation with him about the transaction.
Cross-examined. Q. Did you know him before that Sunday night? A. Yes, I had known him about six or seven months, but had no conversation with him for some time—I think he had been backwards and forwards at the house for about that time—I heard him converse sometimes, and I have conversed with him sometimes myself—I knew the deceased—I had not seen her that night.
GRACE CONS . I am an unfortunate girl. On the night of the 18th of October I was not sober. I remember Mary Nicholls coming home that night, and taking her up stairs—she was very tipsy indeed—I took her up, and left her in the room—I did not see her into bed—it was between twelve and one o'clock—I heard no more of what passed in the night, but awoke about eight o'clock in the morning—I saw her then in her own room, in her bed—she complained dreadfully of being beaten, and seemed in great pain—when I took her up to bed—the night before she had no bruises about her head or face that I noticed, or recollect—when I saw her next morning she was bruised considerably—if she had been bruised the night before, as much as she was in the morning, I must have noticed it—she was taken to the hospital—I did not see her there—I cleaned the room on the Tuesday morning, by the prisoner's desire—I saw blood upon the sheets, about the size of the palm of my hand, in two or three places—I did not notice any more blood—I washed the sheets in my own room, and dried them out of window—they were put into the room again—they belong to the people of the house—I saw the deceased's gown after she went to the hospital, hanging up on a nail by the wall—I had not noticed it the night before, when I helped her to bed—the constable took it from the wall—there seemed to be blood on it—one broom served all the lodgers—I did not see that broom, or any part of it, after she was gone to the hospital—the last time I saw it was on the Sunday morning, it was then whole and fit to use—I saw the head of that broom afterwards at the police-office—it was the same broom as we used to sweep with.
Cross-examined. Q. Was there a Mrs. Jones lodged in the same house? A. No, in the next house—she used to use the broom as well as the others—I did not see her use it after the Sunday—a man named Jones lived with her as her husband—I did not hear of his beating Mrs. Jones till afterwards, but she was beat the same Sunday night, the 18th of October—I did not hear her crying out, "Don't beat me with the broom"—I have been in the room where the prisoner and Nicholls lodged—I recollect a table being there—I know nothing about the leg of the table being off—I often heard Mary Nicholls say she wished the table would stand upright—it used to stand in the corner—I never looked at the leg myself—I
saw Nicholls that Sunday night, sitting in the court, on the cold stones—that is where I took her from—I do not know how long she had been sitting there.
MR. ADOLPHUS. Q. Did you ever see whether the leg was on the table, or one too short, or whether there was one on or not? A. No.
SARAH BRADBURY . I live next door to where the deceased lived. On the Monday morning I went to the prisoner's room, to borrow a cup and saucer, and saw the deceased in bed—her hair was all over her face, her face all over dried blood, and she had a black eye—I asked how it came to be so—she said she was drunk, and it was a strange man that had done it—Ward was in the room at the same time—I washed her face—I found her head hurt, and cut her hair off—the prisoner came in—I said I would have a doctor, and he said, "Fetch a doctor"—I went for a doctor, but did not get one—it was at last determined she should go to the hospital, at the prisoner's desire—I said I would take her to the hospital—he said, "Take her, you shall have a cab"—he fetched a cab, and paid for it himself—I asked her in the cab to tell me the truth—she said it was a strange man—Ward, who is here in the name of Davis, said she had lost 8s. 6d.—Nicholls said, "Don't talk about your money now, mother"—she said nothing more about how it happened as we were going to the hospital—I saw her in the hospital as late as nine o'clock on Monday evening—the prisoner was there with me, and a policeman—that was in the afternoon, when two policemen took him to the hospital, and he asked Nicholls if he was the man who had ill-treated her, and she said, "No, you are not"—nothing more passed that I noticed—I went again at nine o'clock with the prisoner, to take some tea and sugar for her—he asked her bow she was—she said she was very bad—I asked how she was—she said she was very bad, and God bless me for bringing her there—the prisoner was there all the time, and the nurse—I should know the broom that we used to sweep with, and the table, which was in the prisoner's room.
Cross-examined. Q. Did you know Mary Nicholls? A. Well, for about twelve months—I do not know whether she was an Irish woman, she did not talk like one.
Cross-examined. Q. What time was that? A. As near as I can say, it was after twelve o'clock—it might be from that to half-past twelve—it was Sunday night—at that time they appeared to me to be very good friends—they were quite tipsy then—the deceased was more tipsy than I had ever seen her—the prisoner was tipsy too—he paid me the 2s. to make up the week's lodging—I saw the deceased a very few minutes after they paid me—I should say not more than three minutes after—I found her in the yard, laying on the cold stones—I lifted her on the stone step, and called Grace Cons to take her up to bed, which she did—I did not see her after that night—there is no street-door to that house—the street-door goes into the other house, called the men's kitchen, where the single men live—the door by which persons come into the house is shut as near as possible about half-past one, very little more one way or the other—there is no door to this house, you enter it from another house—I attend to both houses—I went to bed as near as I can say about four o'clock.
COURT. Q. What time was the door of the adjoining house closed? A. I shut it as I went to bed—I slept in the same house as the deceased.
MR. ADOLPHUS. Q. At the time you saw her was she bruised all over the face, or had she a broken arm, or any thing of that sort? A. All I saw was a blow on the cheek-bone, it was a little swollen, but not particularly—it was under the eye, swollen, but not a black eye.
GEORGE JOHN RESTIEAU . (police-constable E 49.) I took the prisoner into custody on Thursday, the 22nd of October, after the deceased was dead—I found in his room the deceased's gown, which has blood upon it, and I found this leg of a table in the room, and this jacket—it was smeared with blood—I received the broom-head from Hutton—there was no particular mark on that—I found the broken table, which the leg fits—it was placed under it to hold it up against the wall—it was quite fresh broken—I have known the deceased seven or eight years—she had very dark hair indeed.
Cross-examined. Q. There was a handle delivered to you was there not? A. No, only the broom-head—there was a handle in the broom, but not the one which is spoken to in this case—it was a fresh one—I took the handle out of the broom-Hutton delivered the broom and handle to me—when I went to inquire if there was any stick belonging to the broom—they said no, but he had put a fresh handle into it—I took the fresh handle out of it in the presence of Hutton.
JAMES HUTTO . re-examined. I got the broom-head from the deceased's room—it had no handle to it—I found it near the fire-place-when I delivered it to Restieaux there was a handle in it—it was not the handle which had been in the broom before the Sunday.
WILLIAM GUMMER . I keep a chandler's-shop at 22 1/2, Buckeridge-street, St. Giles's, about five minutes' walk from the prisoner's, He came to my shop on Sunday night, the 18th of October, between twelve and one o'clock, for something to eat—he had a stick in his hand, apparently like a broom handle—I shut my shop up about half-past two—he staid about half an hour—he bought some meat, and I lent him a saucepan to carry some small beer in—about an hour and a half after he was gone, I kicked against something, which I found was a broom handle—it was on the other side of the counter, in the middle of it, where he had stood—I do no recollect having any customers after him, but there was one Roger Kelly there while he was there—I did not see him with a broom-stick—he stood on the other side of the prisoner—I did not see a broom-sack in Kelly's possession, but I saw one in the prisoner's possession—it was about three-quarters of a yard long—I observed a crack six or seven inches from the end—there was some blood on it, and some hair sticking to it—was like human hair, and was black—there were some spots of blood on it—I chucked it under my counter, not knowing it was of any consequence—on Monday I was boiling my pot, and put it under it—it was all burnt in the fire.
Cross-examined. Q. What was it he had in your shop? A. Some meat—he ate part of it, and took the rest away with him.
JURY. Q. Was the prisoner sober or drunk? A. He did not appear to me to be drunk—I did not take particular notice of him.
WILLIAM KIN . (police-constable E 89.) On the morning after the deceased was ill-treated, I took the prisoner into custody, and took him to the Middlesex Hospital—I saw the deceased there in bed—I asked her in the prisoner's presence if he was the man that ill-treated her—she said, "No, he was not"—Wright, my brother constable, was with me, and the nurse was there—I do not know her name—the deceased said the man that ill-treated her was a strange man, dressed in a round blue jacket, and cord fustian trowsers—I asked the prisoner if he knew that woman that laid there—he said no, he did not know her—I said, "Well, then, we may go back to the station-house"—he told me to stop a minute, and he directly went up to her bed-side, took hold of her hand, shook hands with her, and kissed her—he then came up to me again—I told him I thought it was very strange that he should go and kiss a woman lying in that state that he did not know—we then went out of the room, and as we were proceeding to the station-house, he said he wished he knew who it was, it would be a bad job for them if he did—I told him I thought it could not signify to him, as he did not know the woman—he said he had never said so, and utterly denied saying so at the hospital—when we reached the station-house, I stated the particulars to the Inspector on duty, who said there was not sufficient at present to detain him, and he was let go.
Cross-examined. Q. Where had you taken the prisoner from? A. From the house where he lodged, in Hampshire Hog-yard, No. 2, I believe—I found him there—it was the same day the deceased was taken to the hospital—the woman's face was very much swollen, and her head bandaged up—I cannot say whether it had been shaved—the prisoner was the worse for liquor—it appeared to me as if he was recovering—he was not sober—it appeared the effect of drunkenness the night before—the liquor appeared dying within him.
JOHN WRIGH . (Police-constable E 128.) I went with King and the prisoner to the hospital—I saw the deceased in her bed—she appeared badly used, having bruises about the face—very much bruised—King, I, and the nurse went to the bed—King asked her if she knew the prisoner to be the man who ill-treated her—she said, "No, it was a man with a blue jacket on"—the prisoner had a waistcoat and sleeves on at the time—I thought it was a blue one, but I recollect now it was a black one—King asked the prisoner if he knew the deceased—he said, "No"—he asked him a second time, and he said, "No"—the prisoner then passed King, went up to the deceased, held his head down and whispered to her—I cannot say what he said—I heard a lisping voice from her lips, and he kissed her twice—I saw the deceased's lips move, as if there was some conversation between them—I did not make any observation to him—King said we had better go to the station-house—the prisoner said, "Oh, you can do without me"—King said, "No, you must come with us"—he was let go—he has not on now the waistcoat which he had on at the hospital—I know nothing about this one.
Cross-examined. Q. Was it in one of the wards of the hospital that you found the woman lying? A. Yes, on the ground-floor—I was standing at the foot of the bed—King stood about the middle of the bed, and
the prisoner stood between me and King—then he pasted King, and went up to the deceased.
ANN SHAW . I am a nurse at the Middlesex Hospital. I remember the two policemen and the prisoner coming to see Mary Nicholls on the Monday—she was in bed in the ward, ill—I saw her when she was brought in—she was in a very bad state—she had been beaten very much about the head and body, and her left arm appeared to have been beaten—I heard what passed when the policemen and the prisoner came—before he got up to the bedside she said he was not the man, bat previous to that a woman had been in talking to her—I do not know that woman—I saw her the day the deceased died—I asked the deceased how it was done, and she said it was done by the handle of a broom and the leg of a table—she said it was done by a strange man—she did not describe how he was dressed—when she said the prisoner was not the man he stooped down to kiss her, and I said, it was very strange he should kiss her if he did not know her.
Cross-examined. Q. How long have you been nurse there? A. Three years—the woman had her head shaved, and her lace was strapped up and swollen.
WILLIAM RICHARD OXFORD . I am house-surgeon at the Middlesex Hospital. I remember the deceased being brought in—I observed a severe contused wound on the scalp, and a wound on the right cheek, two wounds on the head, and one on the top of the left ear—they were all contused wounds—there was a hair pin stuck in between the scalp and bone, as if it had been driven in by force—I extracted it—it did not penetrate the bone—her face was very much bruised and swollen, and also her left eye, she could not see out of it—the wounds had, no doubt, bled—there was a slight quantity of blood trickled down the cheek—the left arm was very much bruised and swollen, and the upper part of the arm very black, and one of the bones of the left fore arm fractured—it was the larger of the two bones—the right arm was also much bruised and swollen, but not so much as the other, and there was a compound fracture of the right little finger—both sides of the chest were much bruised and black—the pulse could not be felt because the arm was so much swollen—they were such injuries as could be inflicted by blows from a stick or piece of wood—I attended her till her death, which was on Wednesday, the 21st—I attended the post mortem examination—on opening the skull there was no particular appearance, no effusion between the membrane and bone, but at the surface of the brain the vessels were very much congested with blood—the chest was next opened—the left lung was very much congested, and there was adhesion to the membrane lining of the chest—the right long was slightly congested, not so much as the left—the adhesion denoted old inflammation, not recent—the heart was quite healthy—the liver was very much enlarged, and had a nutmeg appearance, which is peculiar to persons drinking ardent spirits—the other organs of the abdomen were all healthy—there was an effusion of coagulated blood on the muscles covering the outside of the chest—I attribute her death to the injuries received—she died from exhaustion of the vital powers.
Cross-examined. Q. Was it necessary to make a post mortem examination to ascertain the cause of death? A. I was desired to do it by the Coroner—I did not think it necessary—I formed my judgment after death, before I examined the body at all, either externally or internally—injuries of that kind, being so severe, were quite sufficient to cause death—I apprehended danger from the first, from the whole of the injuries together—the
wound in the scalp alone was quite sufficient to cause death—I do not mean to say it must have done it—that wound went on favourably to the last—there was a slight disposition to slough—there must have been more sloughing than I saw, to produce death—I am certain the wounds on the head alone were not the cause of death—the vessels of the brain are congested during intoxication—the fracture of the little finger and the breaking of the large bone of the arm would not of themselves cause death—the wounds on the cheek and left ear would not cause death primarily—they might produce erysipelas, but it was not produced in this case—it might in a bad patient—on the whole, with respect to the wounds, she was a good patient—she had one small dose of morphia on the first night—she had none on the second night, because it was not necessary to give it her, on account of the head—symptoms might have been made worse probably—the opium did not deaden the powers of life—it at first produces a stimulating effect, and afterwards a sedative—it caused her to sleep at first—on the following morning after the sleep she was better—a very large dose of opium will produce great prostration of strength, a small dose will not—the effect, of course, depends on whether the patient is accustomed to take it—one accustomed to it would not feel the effect of a slight dose—a slight dose to one not accustomed to take it would not deaden the powers of life—she had two drachm doses of liquid opium—she was much better on the Tuesday—she appeared better on Tuesday night—I thought every thing was going on favourably, but at half-past ten or eleven o'clock next morning I took off the dressing of the head, and observed the pupil of the eye very much dilated—she had been delirious during Tuesday night.
Q. Now the exhaustion of the vital powers of which she died might have been produced by a person of drunken habits falling down, and lying on the cold stones, might it not? A. That depends according to what length of time she laid on the stones—when she was brought in she appeared a good deal exhausted and cold—lying on cold stones on a cold night would be very likely to produce death—but she recovered from the effect of cold three or four hours after she was admitted—it might paralyze although she rallied, but it did not in this case—I never saw a case where a person received such a shock, rallied and then sunk under it—the liver had the appearance of that of a person who drank very freely—the system of persons who drink very freely sinks much sooner—they cannot stand the shock which a healthy person can.
MR. ADOLPHUS. Q. You have been asked whether each wound separately would produce death, but might the wounds added together produce death? A. Yes, I have said so—I do not mean to say any one wound separately caused death, but that collectively they did produce death—I attribute death to that, and not to lying on the cold pavement—except from the blows and injuries she had received, I firmly believe she would have been alive and well at this moment—had she died from taking opium, that would have been evident on post mortem examination.
SUSAN DAVI . re-examined. (Looking at several articles produced by Restieaux.) This is the deceased's bonnet—this gown belonged to her, and this broom was in the room—we used it to sweep with—she was in perfect good health the day before the blows were inflicted—I left the house on the Monday night—I did not see the prisoner till Thursday morning, when he sent for me—as soon as he saw me he said, "Mother, this is a bad job"—he used to call me mother—he said "My life lies, or is dependent in your hands, and I have no money"—I said, "Nor have I"—
he said to Sarah Bradbury, "Go and fetch her bonnet down stain"—she did so—he said, "Give it to mother, it will do for her to sell—it will fetch her a shilling or eighteen pence to get her a bit of victuals and pay her lodging"—I took the bonnet from him, and left him—he said nothing further about that—he said if I would keep out of the way it would be all the better till after the Coroner's inquest—I then took the bonnet and left him—this is the same leg of the table.
Cross-examined. Q. What did you do with the bonnet? A. I took it home with me—I lodged on the Monday night in the kitchen under Mr. Gummer, who has been examined—the bonnet was kept and found in the kitchen—I do not know by whom—I left it there when Restieaux came and took me out of bed on the Friday night—I was taken up and put in the station—I remained there from Friday night till Thursday morning, nearly a week, except going up to Hatton Garden and to the Coroner's inquest—I was kept in the station—I slept there, and went occasionally to the next house to have my meals—I saw the bonnet as I was going to Hatton Garden, it was brought to the station by one of the policemen, I think Restieaux—he did not ask me any questions concerning this—I was in the station when the bonnet was placed on the table to go up to Hatton Garden—I had left it in the kitchen, not in the care of any one—I never wore it at all after I had it—Sarah Bradbury was present when I had the conversation with the prisoner—I did not take away any plates and dishes—there were some—I do not know what became of them.
MR. ADOLPHUS. Q. Was any charge made against you, or were you kept there to be produced as a witness? A. There was no charge made against me—I was kept there as a witness, and for safety—nothing was done to me, but I was examined as a witness.
SARAH BRADBUR . re-examined. I was present at a conversation between Davis and the prisoner—I heard him say, "Mother, Mary is dead"—she said, "I hear it"—he said, "As for your 8s. 6d. I know nothing about it—I never saw it"—she said she bad no money, and did not know what she should do for her lodging, for the landlady would not trust her—he said, "There is her bonnet," and asked me to go and fetch a bonnet in a paper-bag—I went and brought one down in a paper-bag, but I had never seen it on the deceased's head—I heard no conversation between them about Davis's appearing—all I heard was about the money and the bonnet.
SUSAN DAVI . re-examined. Bradbury was present at the time of the conversation with me about not appearing against him—there was a light in the bed-room at the time this matter happened, a candle and candlestick.
JOHN GARRAWAY . I keep the King's Head public-house in Monmouth-street I know the prisoner and the deceased—I saw them in my house on the Sunday before her death—they came in about six minutes before twelve o'clock, and appeared friendly and on very good terms—they had no words there at all.
Cross-examined. Q. I believe he treated her to a quartern of gin? A. Yes, they came in again about ten minutes after twelve o'clock and had another quartern.
GUILTY. of Manslaughter. Aged 27.— Transported for Life.
Third Jury, before Mr. Recorder.
115. ELLEN HALEN . and ELIZA M'CLEWEN . were indicted for burglariously breaking and entering the dwelling-house of John Blackburn, about five in the night of the 9th of November, at St. Gilesin-the-fields, with intent to steal, and stealing therein, 1 box, value 1s.; 2 half-crowns, 29 shillings, 25 sixpences, 170 pence, 1957 half-pence, and I farthing, his property.
WILLIAM BLACKBURN . I am fourteen years old, and live with my father, John Blackburn, a milkman, at No. 22, Short's-gardens, Drury-lane He only occupies the bottom of the house—the landlord does not live on the premises—there is no internal communication between my father's rooms and the other lodgers' rooms—the prisoners lived in a passage which joins the house, just as you go out into the yard—on Tuesday the 10th of November, I and my father got up about four o'clock in the morning—I noticed a box lying under the bed in the parlour—we fast-end the door by a padlock and a stock-lock—we then went to the cow-house at the bottom of the street—the street-door was left open, as it usually is—there is a passage through the house—I returned in half an hour, before my father, to get a light, and found the street-door half shut, and the prisoners in the passage carrying the box which had been under the bed, between them down the passage—they were coming out with it—I saw them come out of the bed-room, which is the parlour, and they were coming through the shop with it—there was a ring on one side of the box—one of them held it at each corner, and the other held the other end—they went down the passage with it, and attempted to put it over the wall which is between our yard and theirs—they lived next door—they had got a step-ladder on the other side of the wall—I saw that—when they saw me they put the box down—only one of them tried to put it over—she lifted it up to the other—I called to my father in the street, and then Halen got over the wall into her own premises—M'Clewer stopped in the passage, and put her shawl over her head to conceal her face—I pulled it off her face—I saw Ann Page, she stopped at the door while I went to get a policeman, and M'Clewer rushed out while I was gone—she pushed by me, and then she went back again, and stopped till I was gone—I fetched Taylor—I do not know what was in the box.
Cross-examined by MR. PAYNE. Q. Where were you when they were carrying the box in the passage? A. Just coming in at the door, about a yard from them—I did not like to lay hold of them—I stopped and hallooed out for my father—I was at the door when Halen was getting over the wall—it was dark—their backs were towards me—the ladder is always there—it is fixed to go up into a loft—I have not been in trouble lately—I was charged last Tuesday, it was not with breaking a window and taking 6 lbs. of sugar—they said I was picking the sugar—I did not break a window—they said I did—I was taken.
Q. Did not your father beg you off because you was to be a witness in this case? A. Yes—the policeman said I could not go before the Grand Jury till I was brought away from the office—I was never charged with any thing before—the grocer lives in Broad-street—I do not know his name—I was only taken to the station, not before a Magistrate—the grocer went to the station, nobody else—I was coming down Drury-lane when the policeman took me—I had no sugar then—the grocer ran after me and gave me in charge—I told the Magistrate that I moved the shawl from M'Clewer's face—it was M'Clewer who tried to get the box on the wall.
COURT. Q. You are not bound to answer any questions about the window, but you can give any explanation, if you wish. A. I did not break any window; I had nothing to do it.
JURY. Q. Was the window broken before you put your hand in? A. Yes—there was a little bit of sugar just outside, and I took it—it was just on the ledge where they put up the shutter—I did not take any more—I knew Halen because she lodged along with M'Clewer.
MARY BLACKBURN . I am the wife of John Blackburn. On the morning of the 10th of November I went out between four and five o'clock—my husband and son went out before me—I locked the door with the keys, and took the keys with me—my son did not see me do it—I did not look at it till he was gone—I gave him the keys at the cow-house to go home.
JOHN BLACKBURN . I am a milkman, and live in Shorts-gardens, Drury-lane. On Tuesday morning, the 10th of November, I left home with my son, to go to the cow-house—I left my wife behind, dressing herself—I had a box under my bed containing Bank of England receipts for 500l., 2l. 6s. 6d. in silver, and a great quantity of pence and halfpence, I cannot say how many—my son afterwards came and said I was robbed—I went back directly—I found the parlour-door quite open, the stock-lock was forced in, and the padlock wrenched from the door—I misted my box from under the bed—I directly ran out into the back yard, and just at the extremity of the passage, just at the back-door, I fell over the box—it was quite dark, being twenty minutes past six—I called the policeman in, and he took possession of it—I then went with the policeman next door, up into the prisoners' room, and took them into custody—I occupy the shop and parlour of the house—you go out of the shop into the parlour—the landlord does not live in the house—no one hat any communication with the part I rent, but myself and family—when we went to the prisoners' room the door was locked—Halen got up find opened it—she seemed to have just got out of bed—she was partly undressed, and seemed to have put her petticoat or something round her to come and open the door—M'Clewer was in a bed by herself, just inside the door.
Cross-examined. Q. How many people were in the room altogether? A. Three women and a blind man—I did not see a child—I cannot tell which was Halen's bed, nor how many beds there were in the room—I had something else to trouble me—my money was all safe, the box had not been unlocked—it had been moved about twenty yards from where I left it—I do not know the name of the third woman who was in the prisoner's room—she is now outside the court—I did not padlock my door that day.
ANN PAGE . I am the wife of William Page, and five in Short's Gardens, Drory-tone. On the morning of the 10th of November, I heard some one calling out, "Father, father"—I threw up my window, and saw William Blackburn at his door—he begged me to come down, as his father was robbed—I came down directly—I saw no one but him there—he went after a policeman, and I stood at the street-door—M'Clewer then rushed out, and shoved me right off the curb—I caught hold of her and held her—she said if I did not let her go she would jump my inside out—she then forced herself out of my arms into the next passage, where she resided, and went straight up stain—I have seen her there several times as a lodger, along with Halen—she had a little shawl on, which she put over her face to cover it—I did not pull her shawl at mil—she said nothing more than I have stated—she did not call me any offensive name—the policeman came up immediately, and I gave him information where she was gone—I saw her face—the shawl was not quite over her face.
Cross-examined. Q. Was what you said before the Magistrate read
over to you? A. Yes, I did not hear them read, "I caught hold of her and pulled the shawl from her face, which I distinctly saw"—I cannot say it was not read—I never did say so, it must be a mistake—I did not go further than the door.
JOHN RUSSELL TAYLO . (police-constable F 23.) I was on duty in Drury-lane on the morning of the 10th of November, and about twenty minutes past six o'clock I heard the cry of "Police" in Short's Gardens—I ran to the spot and saw William Blackburn, who told me something—I saw Mrs. Page there—I waited till the prosecutor came and found the box four or five yards inside the back-door—he and I then went to the first-floor front-room next door, and found the prisoners there—M'Clewer was in bed, and Halen had her clothes off—I told them Mr. Blackburn had given them in charge—they asked what for—I said, for robbing his house—they both denied it—I received some keys from the prosecutor—the box contained the money stated—the copper money was loose in the box, and the silver was in a small gallipot—there was a male, a female, and a child in the prisoner's room, besides them—there were three beds in the room.
Cross-examined. Q. Had Blackburn the same opportunity of seeing what was in the room as you had? A. He went into the room with me, but did not stay so long—he was there about five minutes—Halen opened the door—I told her I was a policeman, and she opened it directly—Halen occupied a bed opposite the door—I did not notice the wall it is stated Halen got over—I had to wait for William Blackburn at Bow-street before he could come here as a witness—he was charged with having committed an offence, but the prosecutor did not appear against him—I cannot say whether he attended at the station, as I was not there.
JURY. Q. How long was it from the time you were first called till you went to the prisoners' room? A. A quarter of an hour—there was time for them to shift their clothes—I had admission about a minute or two after knocking at the door.
JOHN BLACKBUR . re-examined. When I fell over the box it was between four and five yards from the wall—the wall is not more than five feet high—there is a water-butt on my side, which forms a step, and there is a place in the brick-work where a foot can be placed—I called the policeman—he took the box into the shop.
MR. PAYNE. Q. Will you swear the wall is not more than five feet high? A. No, I never measured it—it is not six feet high.
M'Clewer. I was going to a Magistrate to charge him for three weeks' wages, he heard of it, and laid this charge against me. Witness. I never had any quarrel with her about wages—she lived about a fortnight with me, as I had a girl ill, who went to the hospital, but I never heard talk of any wages at all—she never demanded a halfpenny of wages—what might pass between my wife and her I do not know—she never asked me for wages, nor ever threatened to summons me.
MARY BLACKBUR . re-examined. M'Clewer was in our service a fort-night—I paid her 1s., but I dare say she paid herself double—there was another 1s. coming to her, but she did not give me time to pay her, for after the Monday we buried the girl who had been ill, she got at my box and took 16s. 6d. out—my boy saw her do it—I put him up to it—(she was taken to Bow-street, and then my husband would not prosecute her) she ran up into the room—my husband went after her and said, "Give me the money you took out of my box, or I will send for a policeman"—
two policemen came, and then he did not give charge of her—she came down afterwards and abused him, she ran up to Halen's room, and rubbed the cinders and ashes, and he thought she was throwing his money there—he found in her room a skeleton key, which locked his box better than his own—I considered she paid herself—they did not find the money on her—they did not search her, but there was nobody else in the place while I went to bury my niece.
M'Clewer. They came home from the funeral, and while we were at tea the boy went to the birdcage—something fell down—the company went out, found the box open, and they laid it to me, but the boy had a purse full of money afterwards.
HALEN— NOT GUILTY .
M'CLEWEN.— GUILTY . Aged 38.— Transported for Ten Years.
116. CHRISTOPHER ARGENT . was indicted for stealing, on the 3rd of October, at St. Mary, Stoke Newington, 1 watch, value 4l.; 2 seals, value 2l. 4s.; 1 watch-key, value 3d.; 3 sovereigns, and 2 half-sovereigns, the property of Charles Faint, his master, in his dwelling-house.
CHARLES FAINT . I live at Kingsland, in the parish of St. Mary, Stoke Newington—I formerly kept a public-house. I had been very ill, and in September last my brother brought the prisoner to my premises—I put great confidence in him—he only stopped till he could get a situation—I found him in board and lodging—I had known him as a waiter at the Manor House Tavern, Stoke Newington—I have known him about six months altogether—I missed him from the house on the 3rd of October about twenty minutes after twelve o'clock—he had been waiting on me—I missed a silver hunting watch, two seals, a metal chain, and a key, which were in my room the last time the prisoner was there—I also missed three sovereigns and two half-sovereigns from my pocket at my bedside—I found the prisoner in custody at the Mansion House—this is my watch, (looking at it) and one of the seals—the other is gone.
RICHARD MESSENGER, JUN . I am assistant to my father, a pawnbroker, at Croydon. On the 5th of October, this watch and seal were pawned for 22s., in the name of Christopher Argent, lodger, Crown Inn, North End—I believe the prisoner to be the person—it is worth 3l. 10s.—I do not believe the seal is gold.
JOHN TOWERZEY . I am a ticket-writer, and live in Upper Clifton-street, Finsbury. On the 18th of November I accompanied the prosecutor to the Mansion House, and saw the prisoner there—I said, "How came you to rob Mr. Faint, so good a master as he has been to you?"—he said he was very sorry for it, and asked me to intercede with Mr. Faint not to prosecute him, that his mother had got the watch, and all the money he had taken should be restored to him by his brother—I had known him a long time before.
Prisoner. I said the watch was safe, and my mother would bring It forward, but I never mentioned the money. Witness. You did.
SAMUEL PATRIC . (City police-constable, No. 45.) I was directed by the Magistrate to take the prisoner to Worship-street, after being released from where I had him in custody, he said, "This is a bad job"—I said, "What is it?"—he said, "I acknowledge taking the watch, but I have not taken the money"—I said, "Well, what did you do with the watch?"
—he said, "I gave it to my mother"—I said, "Where is she?"—he said, "She lives at Braintree," and before the Magistrate he stated the same thing.
GUILTY . Aged 22.— Confined Two Years.
ADAM PRESTON . I keep the Weavers, Arms public-house, in Green-street, Globe-fields, Bethnal-green. I let the prisoner a small house in Claremont Cottages, Elizabeth-street, Hackney-road, about nine months ago, at 3s. 6d. per week—I furnished it with stoves—the water-tub I supplied at her request, after she took possession—I gave her notice to quit a few months afterwards, and ejected her from the premises—after she was gone I missed the water-tub—I had not allowed her to remove it—I met her afterwards in Bethnal-green-road, and followed her to No. 20, Forrell-square—I there saw the water-tub in the yard—she rented the bottom part of the house, and she told me she occupied the yard—I told her it was my tub—she said she was going to bring it home to me, but did not know where to find me, as I had left my house—I had changed my residence—I gave her into custody—I had let her the whole house—it was not furnished.
NOT GUILTY .
NEW COURT.—Friday, November 21th, 1840.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 20.— Confined Four Months.
119. EDWARD GEORGE HOPWOOD . and GEORGE BANKS . were indicted for stealing, on the 16th of November, 14lbs. weight of mutton, value 7s., the goods of John Waters and another; and that they had been before convicted of felony; to which
HOPWOOD. pleaded GUILTY . Aged 16.
BANKS. pleaded GUILTY . Aged 19.
Transported for Seven Years.
GUILTY . Aged 17.— Confined One Year.
MR. CLARKSO. conducted the Prosecution.
ISACC MOSS . I am a stay maker, living in High-street, Whitechapel. The prisoner was in ray service for two years and a half, and managed the business when Mrs. Moss was unable to attend—from what I heard in October last, I went to Mr. Aaron, a pawnbroker in Whitechapel, and found fourteen pairs of stays belonging to me—I said to the prisoner, "I have discovered fourteen pairs of stays pawned, you have done it?"—she said, "Me! how can you suppose I have done it, who have been so anxious to
do your business, and run about every where?"—I gave her in charge—she made no discoveries to me respecting the other stays—I heard about some other stays from the policeman, and the prisoner's mother said, in her presence, "Mary, do tell Mr. Moss all you have done"—I had then given her in charge, and her mother begged me on her knees to let her off, as she had been ill all day, and she did not know what would be the consequence—the mother said it should be all right, she had written to the uncle, and she would get the whole of them out—depending on her telling me the truth, we walked to the station, and I with-drew the charge—we went to a public-house, and the mother told me of some, to the amount of four dozen, and occasionally the prisoner put in a word—I believed that was the whole that had been taken—they told me where they had been pledged—I afterwards received of them 5l., and gave them a receipt for 4l. 19s., to avoid the stamp—I afterwards found that more property had been taken than they told me of—I found stays pledged at upwards of thirty-five pawnbrokers (the stays which they had told me of had been redeemed before I discovered these)—I found some at Mr. Telfer's, in Ratcliff-highway, at Mr. Avila's, Mr. Tilly's, Mr. John-son's, Mr. Sowerby's, and many other places—they were all mine—I should not have prosecuted but for the discovery.
Cross-examined by MR. PHILLIPS. Q. Suppose you had got a second sum of money, what would you have done? A. I should not have taken it—I scarcely knew whether I was breaking the law, in not giving a stamped receipt for 5l.—I might say that I expected they would act as people of honour, and not turn round and prosecute me for compounding a felony—I understood that if they did not go before a Magistrate there was no criminality—I have heard of compounding felony, but I never knew an instance of it—I scarcely knew that I was violating the law—I was in that state of mind, I scarcely know whether it was the prisoner or her mother, or who it was, that told me about the four dozen pairs of stays being pawned—I know the prisoner admitted the fourteen pairs, and I afterwards gathered that there were four dozen more—I might have stated it as the prisoner's confession about taking the four dozen—I considered the knowledge I got of it had come as a confession from her—I gave a receipt for 4l. 19s. only, because I bad not a receipt handy, and they had not—I had that good opinion of them, that I thought I was doing no great harm in trusting them—this was at a public-house in Whitechapel-road—I did not tell the Magistrate I bad received the 5l.—I have bought half a dozen or a dozen pairs of stays at a time, of a person named Gold—I do not think I have bought 100 pairs of him.
MR. CLARKSON. Q. When was the prisoner first taken? A. On the 20th of October, and discharged the same evening—she was taken again on the 31st—in that interval I had got the fourteen pairs, and the four dozen that she and her mother said were gone—on the 29th of October I discovered about 215 pairs.
THOMAS LATIMER . I am shopman to Mr. Telfer, a pawn broker. I produce five pairs of stays pawned at different times—one pair was pawned with me by the prisoner on the 15th of April, for 1s. 6d., in the name of Ann Johnson.
JAMES HAMMETT . I am shopman to Mrs. Avila, of Mile End-road The prisoner pawned two pairs of stays with me, one on the 11th of January, for 1s. 6d., in the name of Smith, and another pair on the 28th of February, for 1s., in the name of Johnson.
MR. MOS. re-examined. All these are mine—there is a great deal ore property of mine here in the hands of pawnbrokers.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy by the Prosecutor.
122. ELIZABETH MABLEY . was indicted for feloniously receiving, on the 21st of September, 4 yards of silk fringe, value 5s., the goods of William Hind and another, well knowing the same to have been stolen; against the Statute, &c.
MR. BALLANTIN. conducted the Prosecution.
MARY HILL . Previous to the 21st of September, I was in the employ of Messrs. Hind, fringe manufacturers in Leonard-street. I remained there till I was taken into custody—I know the prisoner—previous to the 21st of September she asked me to get some of my master's fringe—I said it was a thing I had never done, but at last I consented to do it—on the 21st of September I had some unknotted black silk fringe to work on—I cut off about four yards of it, and about one o'clock, when I went to dinner, I took it to the prisoner—she received it, and told me to get some more—I took her some more that week—she then said she would wash my cap for me, and buy me a new one—I took her some black fringe four times, and on the 24th of September I took her some puce fringe—in the week following I cut off some blue and drab fringe, but Mr. Hind found that on me—all the fringe the prisoner received of me was unknotted, in an unfinished state.
ELIZABETH ANN WHITE . I live in Essex-street, Kingsland-road, and keep a circulating library and a straw-bonnet shop. On the 3rd of October I went to the prisoner's house with some ribbons for her to look at—she asked if I wanted to purchase some fringe, and showed me some black and some puce—I bought four yards of black for 2s., and she gave me three quarters of a yard of puce—they were in an unknotted state—I called on her again on the 10th of October—she then showed me some more fringe, which I refused to buy—Mrs. Evans called on me afterwards, and I gave her back the fringe I bought.
ELIZA SAUNDERS . I am the wife of John Saunders, a rope-maker in Nova Scotia-gardens. I bought 4 1/2 yards of black fringe of the prisoner for 3s. 6d.—I heard something afterwards, and took it back to the prisoner—her husband was at home—I told her I did not think she would have taken me in, by selling me stolen property—she seemed confused, and said to her husband, "Mabley, burn it"—her husband put it into the cupboard by his side.
(The prisoner received a good character.)
GUILTY . Aged 32.—Recommended to mercy by the Prosecutor.
Confined Nine Months.
123. JOHN CLARKE . was indicted for stealing, on the 12th of October, 1 spoon, value 2s., the property of Joseph Dethier;and CHARLES MEDEX. for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
THOMAS SLACK . I am superintendent of the Euston Hotel in Euston-square, kept by Mr. Joseph Dethier. The prisoner Clarke was in the employ of a man who supplied our house with ice—Clarke was there almost daily—we missed thirty-six tea-spoons—here is one (produced) which I can identify—the engraving has been partly erased—to the best of my belief it is my master's.
JAMES GILL . I live in Wilmot-street, Brunswick-square, and am a pawnbroker. I took this spoon in of Medex—he said he was sent by his mother—I knew him very well—I did not observe there was an erasure on it—it was just before the gas was lighted.
JOHN WHICHE . (police-constable E 47.) On the night of the 24th of October I saw two men go to Mr. Gill's shop—I waited till they came out, and then I went in—he told me they had been to stop a tea-spoon which had been pawned by Medex—I went to Medex the next morning and asked if he recollected pawning a-spoon at Mr. Gill's on the 12th of October—he at first denied it, but afterwards said he did pawn one there which was given him to pawn by Clarke—I then went and took Clarke—Medex said Clarke told him, the spoon he gave him he had stolen from the Euston Hotel.
Medex. I said no such thing—I said Clarke met me, and asked me to pawn a spoon that he said he found.
JOHN PIPE . (police-sergeant E 14.) I went with Whicher and took Clarke—he said he knew nothing about it—we conveyed them to Hatton Garden, and there Medex stated in the presence of Clarke that he had pawned one spoon at Mr. Gill's which he got from Clarke, and that Clarke had sold other articles of plate which had been stolen from the Euston Hotel at Mr. Ive's in Judd-street.
Medex. Clarke came to me another day, and asked me to pledge another spoon, which I would not, and he showed me a great many afterwards.
WILLIAM IVE . I am a silversmith, and live in Judd-street. I have seen Clarke at my shop about three times—he brought a tea-spoon to sell about three months ago—he said he worked fur Mr. Cubitt, the builder, and he had found it in the drain—he said he lived in Cromer-street—I bought it of him. About a month after he brought either a spoon or a fork, which I bought, believing his first statement. He came a third time, on a Saturday, about five weeks ago, with two or three spoons, which I bought—I had not seen him then for six weeks or two months—he described that they were what he and the other had found in the drain—I paid him about 25s. or 30s. for all the things I bought—there certainly was not any thing rubbed off the first spoon that I made so much inquiry about, or I must have seen it—I was busy at the time he brought the last articles, and quite alone in the shop—when the officer came and inquired whether
such a person had been at my shop, at the first moment I did not recollect it—I was taken off my guard—I gave him 18s. for the last articles.
Clarke. He sent me out of the shop and gave me sixpence, and told me to call again in half an hour or an hour.
JOHN PIPE . re-examined. I went to Mr. Ive's, and asked him if he recollected purchasing any plate of any boys on the Saturday week—he said he did not recollect it—I said it was useless to deny it, for I had a witness to prove it, and he paid him 16s. or 18s.—he then said he believed he did—I said, "Can you produce it?"—he said, "No; I send my old silver to my refiner"—I said, "Where does your refiner live?"—he then said he melted some down himself—he said he gave the boy 6d. at first, and paid him the remainder of the money about seven o'clock, which was two hours afterwards—had the Magistrate granted me a search-warrant, I should most likely have found the property on the premises.
CLARKE— GUILTY . Aged 17.— Transported for Seven Years—Ship.
MEDEX— NOT GUILTY .
(There was another indictment against Clarke.)
GEORGE STATHAM . I keep a butcher's shop in Red Lion-street. On the 29th of October I sent the prisoner, who was my errand boy, to Mr. Kelly's, in Bedford-row, with a haunch of Welsh mutton—he was not ordered to bring any thing back—I wrote on a ticket, "Mutton, 4s. 6d.," which if he received it was his duty to bring back—he has not paid it to me—I asked him if it was paid—he said no, the lady was coming out, and would call and pay it—I afterwards made inquiries, and found it was paid when he came the next morning, I took him to the house—he said the lady had paid him, and he bad given it to me—I am sure he did not pay me.
Cross-examined by MR. PAYNE. Q. What day was he absent from you? A. On the Monday after the 29th—he was there on the Friday and Saturday—he had sixpence a day and his dinner—he came about nine o'clock and staid till one o'clock—when he came on the Tuesday morning I said to him, "Here is another haunch of Welsh mutton to go to Mr. Kelly's, and here is the bill of the other"—he said, "I paid you at the time"—I then took him and confronted him with the cook—I believe two people were in the shop when he said the lady was coming out—he has hitherto borne a respectable character.
NOT GUILTY .
MESSRS. BODKI. and ESPINASS. conducted the Prosecution.
CHARLOTTE ROPER . I keep a shop at Highgate. About three o'clock on the 5th of November, the prisoner came for half a quartern loaf, and offered a bad half-crown, which I refused—he took it up, and went away directly.
Cross-examined by MR. BALLANTINE. Q. When did you see him again? A. Next morning—I had no doubt about him.
MARY SPEELT . I am daughter of Charles Spelt, who keeps the Green Man public-house at Finchley. On the 5th of November the prisoner came, between four and five o'clock in the afternoon, and called for a glass of ale, which came to 2d.—he gave me a half-crown—I gave him 2s. 4d.
change—he went away—I put the half-crown in one corner of the till while I served another person—there was another half-crown at another part of the till, but I am sure I kept the one I took of him distinct—I looked at it the instant he left, and found it was bad—I sent my sister after the prisoner—I gave the half-crown to the policeman—I am sure it was the one I got from the prisoner.
Cross-examined. Q. You thought it good? A. I had some suspicion—I am quite certain this half-crown was not mixed with others—I put it at the corner of the till because I suspected it.
MICHAEL CONNE . (police-constable S 233.) I was at Finchley on the 5th of November—I took the prisoner, and found on him a halfpenny and a pencil-case—he said he did not know the half-crown was bad till he offered it a baker's, and then he thought he would get rid of it in the best way he could—in going through Holloway, I said it was a pity a young man like him, of whom his master spoke well, should do such a thing—he said he could not help it, he was drawn into it, that he met two men on Thursday, and they did not tell him what they were up to till they got to the shop, and then they persuaded him to go in—I asked him if the man in a brown coat, who was behind him when I took him, carried the swag—he said he did not know, if I had taken him I should have had the right one.
Cross-examined. Q. What time did you take the prisoner? A. About half-past four o'clock—I ran a mile before I took him, and at that time I passed the man in the brown coat.
(The prisoner received a good character.)
GUILTY . Aged 20.—Recommended to mercy by the jury.— Confined
PETER ANNING . I deal in curiosities, and live in High-street, Wapping. About ten o'clock at night, on the 10th of November, I was drinking in Cannon-street with the prisoner—about one o'clock we agreed to have a cab together, and I am sure that when I got into the cab I had a purse containing four sovereigns—the prisoner got in first—I followed him—we drove to Wapping-bridge, but it being high water we could not get over—a minute or two before that I found I had lost my purse—I said to the prisoner, "You have taken my bag oat of my pocket"—he said, "No I have not, you are only joking"—when the cab stopped at the bridge he opened the door, and ran out—he was stopped by an officer, and I gave him in charge—the purse and sovereigns produced were found on him—these are them.
Cross-examined by MR. PHILLIPS. Q. You were a little the worse for liquor? A. Yes—I do not remember pulling my watch out in the cab—I will not swear I did not—I swear I never gave him my watch—I had drank three or four glasses of gin—nothing else but a glass of ale—I drank no
rum—I drank a glass of shrub—the prisoner drank rum, and I treated him—I had never seen him before, that I know of—I do not keep a house for lodging sailors in—I never was charged with stealing any thing—I was in company with my brother one evening, and he lost a sovereign, and charged me with it—I never went before the Magistrate—I did not rob my brother—the sovereign was not found—when I first went to the station-house I charged the prisoner with stealing six sovereigns.
EDWARD BILTIN . (police-constable K 365.) I heard the cry of "Police," and saw the prisoner running—I stopped him—the prosecutor came up, and gave him in charge for stealing six sovereigns—the prisoner said he knew nothing about it—he asked me what I stopped him for.
WILLIAM SAWYE . (police-sergeant K 24.) I asked the prisoner if he knew any thing about this—he said no, that he ran away, because he was afraid of being charged with what he was innocent of—I saw him put something into his great-coat pocket, which I searched, and found the bag, fouhr sovereigns, and a receipt in the prosecutor's name.
(The prisoner received a good character.)
GUILTY . of Stealing, but not from the person. Aged 32.—Recommended
to mercy by the Jury.— Confined Three Months.
MESSRS. BODKI. and ESPINASS. conducted the Prosecution.
HENRY VINCENT . I keep the Fox and Goose public-house in Shakspeare-walk, Shadwell. On the 23rd of November, about seven o'clock in the evening, the prisoner came and called for a glass of gin, which came to 2d.—he offered me what I supposed to be a half-sovereign—I gave him three half-crowns, two shillings, and 4d.—I kept the half-sovereign in my hand till I gave it to my wife—it was not out of my sight—she gave it me back—I kept it in my hand, in my left hand-pocket, and the prisoner went away—after he left, two men came in for a glass of half-and-half each—my wife served them—they remained about ten minutes—one of them put down a sovereign—I took three half-crowns and two shillings out of my pocket, but kept the half-sovereign in my hand—the other person seeing me take particular notice of the sovereign, said, "I will stand treat this time, and you pay next"—he put down a sixpence, and the other one took the sovereign—I then went to the light, and found what I thought was a half-sovereign, to be a gilt sixpence—I went to the highway, and saw the prisoner at the bottom of Bluegate-fields, looking as if he was in search of some one, or watching for some one—he knew me again, and went up Bluegate-fields, turned up Back-lane, and went on to Hampton-street, there made a stop as if he had something beneath his feet—I passed him three or four yards—he passed me again, turned, and went to another street, and to several doors, as if he was observing the numbers—I went up to him—he asked what I was following him for—I said he had given me a bad half-sovereign—he said he gave me a good one, but if I would let him see it at the light, he would give me a good one—I collared him—he said if I would let him go, he would go with me—I took him down to my house—he tried to escape once when he was by King David-lane, but I gave him a shove, and took him on to my house—I there gave him in charge—while the policeman was there, the prisoner said if I would give him the gilt sixpence, as I termed it, he would give me back the change, and asked me whether those two persons who came in after he left, presented
a lovereign to me for change for what they had—I said, "Yes," and I thought he was somewhat concerned in it—he made no reply—I gave the gilt sixpence to the sergeant.
MARY ANN MARTIN . I am the wife of John Martin, who keeps the Noah's Ark, in Ratcliffe. On the 23rd of November, about half-past five o'clock, the prisoner came and had a glass of gin and spruce, which came to 2d.—he gave me what I thought to be a half-sovereign—I gave him a 5s. piece, a half-crown, two shillings, and 4d.—he went away, and after he left two men came in, and called for a glass of ale and a glass of half-and-half—they gave me a sovereign—I laid down the half-sovereign close by myself—they said they must have all silver—I gave them all silver, and kept the half-sovereign—they went away, and I looked at the half-sovereign—I thought it was very light—I gave it to my husband, who said it was bad—it had not been out of my sight—I marked it, and kept it apart till I gave it to the officer.
JAMES MAN . (police-sergeant K 31.) I was at the station-house when the prisoner was brought in—I assisted to search him. and found a crown, six half-crowns, sixteen shillings, two sixpences, one four-penny piece, and 5 3/4 d. in copper—he said to Mr. Vincent, "If I gave you a bad half-sovereign, I was in your house quite long enough for you to discover it—I produce the bad half-sovereign I got from Mr. Vinacent.
GUILTY .— Confined Nine Months.
128. THOMAS PRICE . was indicted for stealing, on tie 30th of October, 1 pair of spectacles, value 4s.; 1 spectacle case, value 6d.; and 33 boot-laces, value 1s.; the property of Henry Hughes; and that he had been before convicted of felony.
HENRY HUGHES . I am an oil and colourman, and lire at Brentford. On the 30th of October, about half-past eight o'clock in the morning, the prisoner came into my shop and sold my wire a small piece of metal—while she turned her back, he was going out and took a parcel of boot-laces—my wife followed him, and he dropped the laces—I then pursued him about half a mile—when I got within twenty yards of him, I observed something fall from him—I came up, and found it was a pair of spectacles and a case, which are mine, and had been in my shop a quarter of an hour before—these are them.
Prisoner. I sold a piece of brass—as I was going out I touched the pile of boot-laces, and they fell down—I never saw the spectacles.
GUILTY . Aged 20.— Transported for Seven Years.
(There was another indictment against the prisoner.)
at Old Brentford—we receive travellers. The prisoner came on the 17th of November to sleep—the next morning she came down, between seven and eight o'clock—I stood in the passage—she said, "I am very hungry, I must go and get something"—I said, "I hope you will go into the kitchen"—she said, "I will"—I sent my niece up stairs, and she missed a sheet—she called to me—I went to the kitchen, and called the prisoner—I found this sheet round her waist—she pulled it off herself—this is it—(looking at it.)
GUILTY . Aged 20.— Confined One Month.
GUILTY . Aged 32.—Recommended to mercy.— Confined Six Months.
CRONAN. pleaded GUILTY . Aged 17.— Confined Three Months.
APPHIA ANN HENDERSON . I was at my mother's, Mary Joyce, who keeps a hosier's shop, in Tottenham Court-road. On the 12th of November, about five o'clock in the evening, the prisoner Cronan was brought into the shop, and a pair of socks produced, which are my mother's—these are them.
JAMES SMIT . (police-constable E 107.) I saw the two prisoners about five o'clock that evening, looking into a shop—they were close together, and in conversation—I saw Cronan steal this pair of socks from the prosecutrix—I took them from his left-hand pocket, where he had concealed them—Edmunds was by his side when he took them, and then left him and made towards me.
EDMUNDS— NOT GUILTY .
132. GEORGE REYNOLDS . and SARAH BROWN . were indicted for stealing, on the 3rd of October, 1 bed, value 3l.; 5 blankets, value 9s.; 4 sheets, value 4s.; 2 pillows, value 5s.; 1 quilt, value 1s. 6d.; and I flat-iron, value 6d., the goods of Robert William Goodwin.
ELIZABETH GOODWIN . I am the wife of Robert William Goodwin, we live in Little Gray's Inn-lane. On the 3rd of October, the prisoners came to lodge with us—I let them a furnished room—they were there a week and two days—the man went away about half-past eight o'clock in the morning, and the woman about twelve the same day—I then missed all the articles stated—I have found them all since but a blanket and a sheet—I received a letter containing the duplicates and the key of the room.
EDWARD BARKE . (police-constable E 124.) I was called to take Reynolds. In going up Tottenham Court-road, he said a woman living with him took the property and pawned it, and he knew nothing about it.
MRS. GOODWI. re-examined. These are my property. Reynolds had slept at home every night.
Reynolds's Defence. I had articles of the same sort; I did not know that I had any tickets but my own.
REYNOLDS.— GUILTY . Aged. 28— Transported for Seven Years.
BROWN.— GUILTY . Aged 31.— Confined Six Months.
JAMES LOVELOCK . I saw the prisoner in the prosecutor's bed-room, on the 4th of November, between three and four o'clock, and in about five minutes I saw him at the stable-door with Cooper, who had this hat—he took it up the yard—I told the prosecutor.
JAMES HANSLO . (police-constable T 68.) I took the prisoner—he denied all knowledge of the hat—I took Cooper in about an hour—I told him what I wanted him for—he said, "I pledged it this afternoon for 2s., and gave the money to Snuffy" meaning the prisoner—the next morning Cooper said to the prisoner, "How came you to give me that hat to pledge and tell me it was yours? you have got me into a pretty mess"—the prisoner made no reply.
NOT GUILTY .
134. ELEANOR THOMPSON . was indicted for stealing, on the 15th of November, I brooch, value 3s.; 1 handkerchief, value 6d.; 1 bag, value 2d.; 2 half-sovereigns; 1 crown, and two half-crowns, the property of John Childs.
JOHN CHILDS . I am an embosser—I live in Horse and Groom-yard. On Sunday, the 15th of November, I was washing my hands on the landing outside my room—the prisoner came down the stairs—she said her aunt lived up stairs, and she had left her in care of the room—she then followed me into my room, and began to pull me about in an indecent manner, and threw me down—I said, "I wonder you take the liberty to come into my room without asking"—she went and sat on the bed—I told her she had, better go, as I wanted to put my things on—she then got up and threw me on the bed—she afterwards left, and I missed a bag containing the money stated, and a silk handkerchief—I went in pursuit, and found her in Holborn—I said, "You have robbed me," and I saw the bag in her left hand—I laid hold of her, and was going to bring her down Holborn, but a mob collected, and amongst them was a gang of fellows who rescued her from me—she said afterwards that she did not lodge in the house—I had not seen her before, and it turns out that nobody there belongs to her—I took the bag from her—it contained the same that it had before, except 1s.—I found her again, and said to her, "I want the handkerchief"—she said, "I did not take it"—I said, "You must"—she then said, "If you will come home with me to St. Giles's you shall have it."
Prisoner. I was waiting at the house for Mary Simmons, who was gone
down Shoe-lane—I was sitting on the stairs, and this man said he would give me 1s. to go to his room—I went * * * I said I would not till he gave me the 1s.—he gave it me, and I staid about a quarter of an hour with him—I went out—he came and said I had robbed him—I said, "Of what?"—a mob came up, and one gentleman said, "What has she robbed you of?"—he said, "I don't know yet"—the gentleman said, "Let her go; she can't have robbed you of much if you don't know what"—he then said I had stolen a handkerchief—some one gave me a push, and I went away—he came to me again, and gave me in charge—I did not say he should have the handkerchief—he did not take the bag from me.
GUILTY . Aged 17.— Confined Three Months.
THOMAS SERLOCK . I live in Rosoman-street, Clerkenwell. At a quarter past nine on the 14th of November, a woman, rather in liquor, came in and asked the price of a broom—it was Ss.—she offered 2s.—I saw a person's hand snatching a broom—I did not see the person, or go after her, but the prisoner and the broom were brought back—the broom was mine.
Prisoner's Defence. I was rather in liquor, a young woman came outside the door, and said, "I have bought a broom and given 2s. for it, will you carry it for me?"
GUILTY . Aged 20.— Confined Three Months.
GUILTY . Aged 31.— Confined Three Months.
SOPHIA GARTON . I am the wife of David Price Garton, a linen-draper, in Margaret-street. The prisoner was in my service—I went up stairs on the evening of the 20th of November, and met her coming up from the kitchen—I asked what she had been doing—she said she had been down to remove something—I followed her down into the kitchen—in looking in the drawer I saw some printed sarsenet—I then went to her bed-room—between her bed and palliasse I found sixteen yards of calico, which is ours—I cannot say how long before I had seen it safe—I gave her in charge.
GUILTY . Aged 20.— Confined One Month.
EDWARD EAGLING . I am shopman to Charles Docker, of Strutton Ground. On the 13th of November I missed a cheese from the window, which was open in front—I went after the prisoner, stopped him, and found the cheese on him—it was my master's—I could swear to it—it is marked—I gave the prisoner into custody with the cheese.
Prisoner's Defence. I came out of prison on the morning of the 13th—I had ray two little children brought to me, and had not a farthing in my pocket—two men asked me to take this cheese to the cart which was standing near—I had no means of supporting my children.
ABRAHAM WRIGH . (police-constable B 99.) I produce a certificate of the prisoner's former conviction at Westminster—(read)—he is the person—he was liberated on the 13th of November, and has two children, which were brought from the workhouse to him.
GUILTY . Aged 30.— Confined Eight Days.
139. JUSTINE ALLEN . was indicted for stealing, on the 17th of November, 1 gown, value 1s.; 2 shirts, value 6s.; I apron, value 3d.; 1 bed-gown, value 1s.; 1 frock, value 1s.; 2 caps, value 2d.; 2 plates, value 2d.; 2 tea-cups, value 1d.; 2 forks, value 2d.; 1 knife, value 2d.; 1 spoon, value 1d.; and 3 pairs of shoes, value 2s.; the goods of Thomas Arnold, her master.
MARIA ARNOLD . I am the wife of Thomas Arnold, and live in Devon-shire-street, Lisson Grove, On the 15th of October I took the prisoner from Marylebone workhouse—on the 17th she left me, and I missed these articles stated—those produced are the same.
ALFRED ARNOLD . I went after the prisoner, and found her at the Wellington Barracks, Westminster—I asked her why she robbed my mother—she made no answer—I took her to my mother—I then took her to the workhouse, and she gave me a direction where to find the things—I went to No. 24, Deer's place, Somers Town, and found them.
GUILTY . Aged 18.— Confined Six Months.
RICHARD HALL . I am an outfitter, and live in High-street, Poplar. On the 17th of November, at half-past nine o'clock, in consequence of what Wykes told me, I went to my shop-door, and found my trowsers gone—I had seen them a quarter of an hour before—I went to the station, and saw them there—these are them.
CHARLES WYKE . (police-constable K 259.) About half-past nine o'clock that evening I saw the prisoners—Randall was about twenty yards forward, and Backway hallooed out to Randall, "Bill"—Backway came up and gave Randall the trowsers—I laid hold of them both—Backway got out of my hand—I took Randall to the station, and made inquiries and found the prosecutor—I went to the rope-maker's fields, and found Backway.
Backway's Defence. We were coming along, and an Irish chap took the trowsers—when he saw the policeman he shied them into our hands—I shied them away, and Randall took them up.
Randall's Defence. I met Backway—he met a chap he knew—we had some beer, and came out—the other man brought Backway a pair of trowsers—he shied them to me, and the police took hold of me.
BACKWAY.— GUILTY . Aged 18.
RANDALL.— GUILTY . Aged 18.
Transported for seven Years.
141. ANN BARRETT . was indicted for stealing, on the 30th of October, 1 flannel petticoat, value 7s.; 1 flannel shirt, value 4s.; 1 bed-gown, value 1s.; 1 apron, value 1s. 6d.; 1 shift, value 1s.; and 1 sheet, value 2s.; the goods of Eliza Hardy.
ELIZA HARDY . I am a widow, living in Moneyer'e-street, Shoreditch—the prisoner had lodged in the same house as me. On the 30th of October I was washing—she came into the back yard and inquired for a person named Sheely, who was gone away—she staid with me till four o'clock—I saw her out, and put the wash-house door to, and missed my things about five—this is one of the articles I missed—(looking at it)—she had an opportunity of taking them.
GEORGE KEM . (police-constable N 82.) I went in search of the prisoner—she was taken on another charge—I found her at the office—I went into the cell and found this apron on her—it had been a child's frock.
GUILTY . Aged 17.— Transported for Seven Years.
Fifth Jury, before Mr. Sergeant Arabin.
ELIZABETH JOHNSON . I am the wife of William Johnson; we live at Hanwell—the prisoner buys and sells in the market On Tuesday last, about two o'clock, she came to my stall, and asked me to give her a bit of snuff—when I opened the box to give it her, I saw my half-sovereign in it, and when I closed the box it was gone—I am sure it was there, and I never opened the box to any body but her—I went and accused her of it—she said she had not got it, and declared to G—she had not got a half-sovereign about her—she said, "Here is my silver"—the policeman found the half-sovereign on her.
Cross-examined by MR. PHILLIPS. Q. What office were you at? A. At the Pigeons hotel, where the Justices sit—I had known the prisoner a good many years—when I gave her the snuff I kept the box in my hand—I cannot say whether she put it to her nose—she went away directly—I did not give any body else any snuff that day—I gave a man a pinch after I missed the half-sovereign, and told him not to dip too deep—I missed it the moment the prisoner turned away—I went to her immediately—none of the market people are here who were about at the time.
NOT GUILTY .
143. WILLIAM ARMSTRONG . was indicted for stealing, on the 10th of November, 1 breast-pin, value 5s.; 1 brooch, value 1s.; 1 hand-kerchief, value 2s.; and 1 pair of trowsers, value 10s.; the goods of Henry East.
HENRY EAST . I live in Ratcliffe-highway. The prisoner came to my house on the 9th of November, about ten o'clock in the evening, and hired a lodging—he came in at a quarter to one on the night of the 10th, and went to bed—next morning I expostulated with him—he said he had been to the play, but he should be home early to tea that evening, and go to bed—he went out, and I never saw him any more—I then missed the articles stated—I have found the pin, the brooch, and the handkerchief, but not the trowsers—these produced are them—I had this handkerchief in my pocket on the 9th, and missed it on the 11th.
Cross-examined by MR. DOANE. Q. Was any body else in the room? A. Yes, a relative of mine, who is there still—I had not seen the prisoner before—I have had this pin for seven years, and know it well.
GUILTY . Aged 18.— Transported for Seven Years.
144. GEORGE PICKERING . and GEORGE HENRY LYNE . were indicted for stealing, on the 14th of November, 1 pair of shoes, value 1s. 9d., the goods of Mary Braham; and that Pickering had been before convicted of felony; to which Pickering pleaded
GUILTY . Aged 13.— Transported for Seven Years.
GEORGE KEM. (police-constable N 82.) On the 14th of November, between six and seven o'clock in the evening, I saw the prisoners and another boy in company standing against the prosecutrix's shop, in the City-road—I saw Lyne take a pair of shoes, and give them to Pickering, who put them under his apron, and ran—I took him about twenty yards off—Lyne and the other still remained by the window—I brought Pickering back, and took Lyne in the act of taking some more shoes down.
Lyne's Defence. I had not been at the window a minute; two boys walked away; they gave Pickering the shoes; he ran away, and then the officer took me.
LYN.— GUILTY . Aged 16.— Confined Three Months.
145. JOHN KELLY . was indicted for stealing, on the 14th of November, 1 cog-wheel, value 2s. 6d., the goods of Richard Claxton and another, his masters; and JAMES ASHTON . for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
GEORGE THOMAS MURRAY . I work for Mr. Richard Claxton and his partner, they are cotton-manufacturers. Kelly worked for them at their factory in Hoxton—Ashton keeps a stall for the sale of iron and other things—on the 14th of November I saw Kelly at his stall offering him a brass cog-wheel—he asked him 2d. for it—Ashton said, "No, take it away, I don't want it"—Kelly said, "Do give mo a penny"—Ashton gave him 1d., and put the wheel in his pocket—Kelly then went and bought 1d. worth of apples.
RICHARD NEWMAN . I am in the prosecutor's service. Murray told me what he had seen—I informed my master, who sent me to Ashton's stall to see if the wheel was exposed for sale, and it was not—we sent for the policeman, and I went with him to Ashton's stall—the officer asked him where the wheel was that he bought of Murray, and he took it out of his pocket—he said he bought it of the boy for 1d.—it is worth about half-a-crown—I went to the loft where the machinery lies—I produce the bearing that it was taken from.
Ashton's Defence. I told the boy three times I would not have it—I put it into my pocket to take it home, and try to find where the boy came from.
KELYL.— GUILTY . Aged 13.— Whipped.
ASHTON.— GUILTY . Aged 69.— Confined Four Months.
JOHN BOYCE . I was at work at a sewer at Hackney—I left my pickaxe on the 14th of November while I went to dinner—I returned in about an hour, and it was missing—the prisoner was working at the same work—I never lent it to him.
GEORGE ATTFIELD . I was at work at the sewer—I saw the prisoner at the work just about twelve o'clock, when we went to dinner—I afterwards saw him run away with the pick-axe—I did not know whose it was.
Cross-examined by MR. DOANE. Q. Was it not a large sewer? A. Yes, I suppose there were twenty men at work—they work with their own pick-axes—we are obliged sometimes to use other men's.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Six Months.
147. THOMAS REYNOLDS . was indicted for feloniously receiving, on the 17th of November, 1 pair of boots, value 3s., the goods of James Bayes; well knowing them to have been stolen; against the Statute, &c.
ARTHUR JAMES BAYES . I am the son of James Bayes, a shoe-maker, in Orchard-street, Ball's Pond—I had known the prisoner for about a week, and on the 17th of November we were playing at marbles—he asked me what trade my father was—I told him—he said, "Can't you get a pair of shoes?"—I said, "What to do with them?"—he said, "To get some money for them"—he said, "You get a pair and bury them in the ground, and we will get them"—I said, "No"—he said, "You can't be hurt"—I did so, and buried them in the ground in the garden, and he came at night and took them away.
Prisoner's Defence. The boy said he would get a sovereign out of his father's drawer if he found it open, and he would run away—I said if I was him I would not do so—he then said he would get two or three pairs of shoes—he got a pair one morning and buried them, and at night he and I got them.
GUILTY . Aged 15.— Confined Three Months.
JOHN FREDERICK SIMONS . I am in the employ of John Matthews and another, pawnbrokers, in Leather-lane. On the 21st of November, the prisoner came into the shop about six o'clock in the evening—she was there about two minutes, but bought nothing—I turned my back, and on turning again I missed a pair of boots, and saw her going out—I followed and
took her just by the policeman—he took her, and these boots dropped from her, which are my master's.
Prisoner. I was not in the shop, and never took the boots—I had a child in my arms at the time and two cabbages.
MR. SIMONS. I swear she was in the shop—she had a child and the cabbages.
(The prisoner received a good character.)
GUILTY . Aged 33.— Confined Six Weeks.
149. ANN BOYLE . was indicted for stealing, on the 20th of April, 1 gown, value 10s.; 1 petticoat, value 1s.; 1 pair of boots, value 9d., and 1 cloak, value 10s., the goods of John Gore; and that she had been before convicted of felony.
LUCY GORE . I am the wife of John Gore, a coachman; we live in New-road, Sloane-street, Chelsea. On the 20th of April, I went out from half-past eight o'clock in the evening till nine—I locked my door, but left the key in it—when I returned I missed the articles stated, and the door was unlocked—this property is mine—(examining it.)
Prisoner's Defence. A person asked me to buy those things, and I pawned them in my own name; she gave me a pint of beer and the duplicate for my trouble; I gave her 6d. for the petticoat.
JOHN BRADLEY . I produce a certificate of the prisoner's conviction, which I got at Clerkenwell—[This examination had taken place on the 19th of May, which was previous to the offence in question]—the prisoner is the person.
GUILTY . Aged 20.— Transported for Seven Years.
HENRY FOWLER . I am foreman to Mr. Watts, a pawnbroker, in the Commercial-road. On the 18th of November, Stokes came and brought a piece of cotton to pledge—I asked if she was sixteen years old, she said, "Yes"—I said I doubted it, and asked whose it was—she said her mother, Mary Ann Smith's, who lived in Batty-street, Commercial-road, on the left-hand side—Perry was at this time outside, singing a song—I sent for a policeman, who took both the prisoners.
SAMUEL EASTMEN . (police-constable B 339.) I was sent for—both the prisoners were in the shop then—they said they were sisters, that their mother sent them with it, and they lived in Batty-street—I took them there, and then they said they did not live there, but a woman gave it to them to pawn—I took them to the station, and then they said they lived in Houndsditch—I inquired, and found the prosecutor, who said the prisoners had been at his shop that day, and bought a pair of stockings—I asked if he had lost any cotton, he said he did not know that he had—he went to the station, and owned the cotton—I asked Stokes if that was the shop she took it out of—she said, "Yes."
The two prisoners were in my shop on the 18th of November, they came together for a pair of stockings—they bought them, and brought them back in about ten minutes, and said they would not do—this cotton is mine, and had been near where the prisoners were.
STOKES.— GUILTY . Aged 14.
PERRY.— GUILTY . Aged 12.
Transported for Seven Years.
Recommended to the Penitentiary for One Year.
GUILTY . Aged 13.— Transported for Seven Years.—Convict Ship.
JOHN MURRAY . I am a blind-maker, and live in the Strand. This blind was safe, just inside my shop, on the 25th of November—I missed it about six o'clock—this is it—it is worth 5s.—I know nothing of the prisoner.
JAMES LEWIS ASHFOR . (police-constable F 119.) I was on duty in the Strand on Wednesday evening, and saw the prisoner lurking about from one window to another—he went to the prosecutor's shop, stood twenty minutes, and then took the blind and carried it across the road—I took him, and asked what he was going to do with it—he said he had not taken it.
Prisoner's Defence. A boy gave it to me to carry; he showed me a 4d. piece, and said he would give it to me; I had not a bit of bread to eat for two days before.
GUILTY . Aged 16.— Confined Three Months.
OLD COURT.—Saturday, November 28th, 1840.
Second Jury, before Mr. Sergeant Arabin.
153. EDWARD TOWNSEND . was indicted for breaking and entering the counting-house of John Marshall, on the 22nd of November, at St. Mary Matfelon, alias Whitechapel, and stealing therein 1 case of mathematical instruments, value 6s.; 1 measuring-tape, value 8s.; 1 gas-burner, value 2s. 6d.; 1 pair of snuffers, value 1s.; 1 brass nut, value 1s. 6d.; and 1lb. weight of sealing-wax, value 1s.; his goods: 1 comforter, value 1s.; and 1 shawl, value 1s. 6d.; the goods of Joseph Lane; to which he pleaded
GUILTY . Aged 29.— Transported for Ten Years.
GUILTY .— Confined Three Months.
GUILTY . Aged 19.— Confined Three Months.
156. JULIA DYNAN . was indicted for stealing, on the 10th of November, 1 handkerchief, value 1s.; 1 snuff-box, value 1s.; 1 petticoat, value 1s.; 2 combs, value 1s.; and 1 pillow-case, value 1s.; the goods of James Bryson, her master.
MARY BRYSON . My husband's name is James; he keeps the Red Cow public-house, Charter-house-lane. The prisoner was our servant for six months—I missed the articles stated on Wednesday last—she had left on the Sunday previous, and left her box behind her—I had asked her about the pocket-handkerchief, pillow-cases, and gloves a long time ago, and she said she knew nothing about any things—the box was under her bed, locked and corded—I sent for a policeman, and forced it open—in it I found this petticoat, two towels, a pocket-handkerchief, a pillow-case, and snuff-box—this is the pocket-handkerchief I had mentioned to her, and which she said she did not know any thing about—the whole of the property is mine—they are marked—I never permitted her to take them, or gave them to her—I missed a great quantity besides—I have only found one of the two pillow-cases.
Prisoner. Mistress can give me a character. Witness. I received a two-months' character with her.
Prisoner's Defence. My mistress made me a present of these things, and told me to go up stairs and take them myself, or she should chuck them away into the dust-hole.
GUILTY . Aged 22.— Confined Six Months.
Before Mr. Baron Parker.
157. CHRISTOPHER PRYKE . was indicted for feloniously forging upon a certain order for the payment of 50l. 7s. 9d., a receipt for the same, in the name of William George Harrison, with intent to defraud Matthias Attwood and another; and GEORGE HARRISON . was indicted as an accessary before and after the fact.—Nine other COUNTS. varying the manner of stating the charge.
MESSRS. BODKI. and DOAN. conducted the Prosecution.
JAMES MAUND . I am a letter-carrier in the General Post-office. In October I had a letter to deliver to the address of "Harrison, Lambeth-marsh"—I cannot recollect the day—I did not succeed in finding any Harrison living in Lambeth-marsh—I returned the letter to the office, and delivered it over to the "blind sorter" in the regular way of business.
BENJAMIN PRICE . I am a letter-carrier in the London district department of the General Post-office. I received a letter directed to George Harrison, Lambeth-marsh, in the usual course—I delivered it to a female at No. 44, Bird-street, West-square, next door to a public-house, which is in the district of Kennington.
WILLIAM GEORGE HARRISON . I am a tobacco manufacturer, carrying on business in London. In October last I did not keep any account with the Provincial Bank of Ireland, but in October I was in the counting-house of Messrs. Field, in Upper Lambeth-marsh—they had an acceptance payable in Ireland, and they asked me how I received such bills—to accommodate them I wrote to the manager of the Provincial Bank of Waterford to receive the bill, and to remit the sum to J. C. and J. Field, Lambeth-marsh—I signed my letter "W. G. Harrison"—on the 22nd of October Field's clerk called at my counting-house—I found they had not received the bill—I afterwards found it had been remitted and directed to me, in Upper Lambeth-marsh, instead of them—in consequence of this I went to Spooner and
Attwood's, and received information—the signature to this bill is not written by me, or by my authority—(looking at it.)
Cross-examined by MR. PHILLIPS. Q. Is it an imitation of your hand-writing? A. Not the slightest.
MATTHEW PEAKE . I am a policeman in attendance at the General Post-office. On the 2nd of November I went to the prisoner Harrison's, at No. 44, Bird-street, West-square, Kennington, and went by myself to Cranbourn-alley, and found Pryke there—I said to him, "Did you change a bill for 50l.?"—he said, "Yes"—I asked him where be got it—he said, from Mrs. Harrison, his sister—I said, "Did she tell you where she got it from?"—he said, "Yes, she said she had received it by post"—I said, "Did you write 'W. G. Harrison' on the bill?"—he said, "No, I wrote 'George Harrison' in full; the gentleman gave me the bill back, and said I was to attach the W to it"—I asked him if his name was Harrison, and he said yes, and that he told them it was—I said, "What did you do with the money?"—he said he gave the 20l. and 5l. notes to Mrs. Harrison; the sovereigns he put in his waistcoat-pocket, that he got tipsy, and lost five of them—he said he had been very sorry ever since, and had been over to Mrs. Harrison last Saturday week, for her to get a 5l. loan to make up the money, in case the other party should call for it—I took him into custody—previous to this I went to Harrison, and got this letter there from Mrs. Harrison—it is a letter which had enclosed the letter of credit—I had not got it in my possession when I went to Pryke—I do not think I said any thing about it.
GEORGE REYNOLDS . I am assistant inspector of letter-carriers to the General Post-office. This letter came there in the ordinary course of business, and from thence has been transferred, from some cause or other which does not appear on it, to the Two-penny Post-office—I was with Peake when he went to Pryke's house—I have heard his statement.
(MR. BODKI. here withdrew from the prosecution.)
NOT GUILTY .
158. THOMAS SMITH, WILLIAM HURNDALL . and GEORGE LEMON . were indicted for stealing, on the 8th of November, 1 sheep, value 53s., the property of Henry Rendell.—2nd COUNT. for killing with intent to steal the carcase.
MR. PAYN. conducted the Prosecution.
HENRY RENDELL . I am a butcher, and live in Oxford-street. I had some sheep in the neighbourhood of Ealing, on the left-hand side of the bridge—I saw them safe on Monday, the 2nd of November, when I bought them, between five and six o'clock in the evening, in the place to be marked by my man, and they were driven out to the meadows opposite, in Perrivale, close to Ealing—I saw them marked myself—I had bought them of Mr. Smith, a farmer—I saw a skin of a sheep at Brent-ford, on Tuesday, 10th of November, and knew it again—I missed one of them on the 10th—I had not seen it after the 2nd, as I left them in the care of Smith.
RICHARD SMITH . I am a farmer, and have some fields at Perrivale On the 2nd of November I sold Mr. Rendell sixty-five sheep, which were put in some fields opposite, in the parish of Ealing—I saw them safe on Sunday, the 8th of November, from twelve to two o'clock in the day—I counted them again on Tuesday morning, and one was missing out of twenty-four—I saw the skin afterwards produced at Brentford, and have no doubt of its being the skin of one—I saw some meat also.
Cross-examined by MR. DOANE. Q. Whose field were they in? A. In mine—Mr. Rendell had not paid me for them—he put his mark on them, and took some away.
Cross-examined by MR. PHILLIPS. Q. Had you any mark on the skin? A. I saw Mr. Rendell's man mark it, and the mark was quite visible—I did not see any attempt to erase it.
GEORGE ALLE . I live at the barracks, Castlebar-hill, near Ealing; Lemon was a tenant of mine, in a cottage there. On Monday, the 9th, he came to me about a quarter after seven o'clock in the evening—he called me out of the house, and asked if I had been to the ice well during the day—I said I had not—he then requested the loan of a lantern, for he said he saw two men, on Sunday evening, coming from the ice well, and they had thrown something into it, which was there in the morning, and he discovered that the door had been moved—I was going to give him a candle—he said, "I will go and see if it is there now, and will come and inform you"—I said, "I will go with you"—we went and discovered something in the well—I got down, and said, "Dear me, Lemon, it is a sheep; here is the whole carcase of it"—the prisoner Smith came up to the well, and said the sooner it was got away the better—I said, "Who put it there must get it away"—I said I would have nothing to do with it, and brought the ladder away—Lemon came with me—I said I should go and inform the police, that nobody here might be blamed for it—I found Sergeant Pascoe, and returned with him and a policeman to the ice well, about a quarter after eight o'clock—Lemon was afterwards taken into custody.
Cross-examined by MR. PHILLIPS. Q. Did you tell all this to the Magistrate? A. Yes, before I was sworn, but afterwards I was only asked questions.
LUKE SPARKS . I am a policeman. On Sunday night, the 8th of November, about five minutes before ten o'clock, I was on duty in Hanwell parish, and saw all the prisoners—I knew Smith by name, and said, "Good night, Tom"—all three bade me good night—they walked on towards Eating, to Perrivale, where Smith the fanner lives—I walked on about fifty yards, and they stopped, and asked me for a light—I told them to come back, and I would give them one—they lighted their pipes—I have not a doubt of the prisoners.
JOHN PASCOE . I am a police-sergeant. In consequence of information from Mr. Allen, I went to the ice well with Champ, and saw some mutton there, and some footmarks which exactly corresponded with Lemon's shoe, which I took off his feet—when I was taking him to the station he said he knew all about it, and might as well tell—he said he was there and committed the robbery in company with Hurndall and Smith, but he was drunk at the time—I told him he had better not say anything, as it would be evidence against him—I took Hurndall—he said he knew nothing about
it—I was with Champ when he took Smith—I afterwards went to search under his bed at the Horse and Groom loft, where he was sleeping on some straw—I found these trowsers and a shirt with a quantity of blood on them—he was taken into custody about nine o'clock on the Monday night, the 9th of November—I afterwards went to search for the sheepskin, and found it sunk in the river Brent, loaded with the head and dirt—I afterwards showed it to Mr. Smith who identified it—the prisoner Smith said nothing to me.
JOHN CHAMP . I apprehended Smith—he said he was drunk that night, and that they stopped at Lemon's house all that night—I examined his jacket and waistcoat, and found spots of blood on them—Lemon said at the station-house that two friends came to his house on Sunday to dinner, and they left at half-past eleven o'clock at night—after I took Smith I brought him to the station—Lemon said to Pascoe and me that they were the three who did it—that he took the sheep, and Hurndall stuck it, and Smith held it, and told me where it was to be found—I found it in the Brent, where he said it was, with the head and entrails—Smith said that he stopped at Lemon's house all night—he said they were drunk—he did not say he was drunk.
LEMON.— GUILTY . Aged 25.—Recommended to mercy by the Jury and
Prosecutor.— Confined Six Months.
HURNDALL and SMITH— NOT GUILTY .
159. RICHARD DAVIES . was indicted for unlawfully, maliciously, and feloniously assaulting John Cole, on the 17th of November, and cutting and wounding him on his head, with intent to do him some grievous bodily harm.
MR. PAYN. conducted the Prosecution.
JOHN COLE . I am apprentice to Mr. Sibey, a shipwright, at Green and Wigram's, the ship-builders' yard. The prisoner worked in the same yard—on Tuesday, the 17th, about half-past twelve o'clock in the day it rained, and I went into a shed—the prisoner was down in the saw-pit—Wilkins and Rawlinson were with me—I went down into the pit to give the prisoner a lift with a log, and as I got out of the pit I began dancing on the side by the wood—some dirt fell from my shoes into the pit—the prisoner then said, "I will give you a smack in the mouth"—I then jumped down into the pit again, and offered to fight him, but he would not, but; made his way up to a corner to get out of the pit—I caught hold of his leg, and he tried to kick me on the head—he got out of the pit, got hold of an iron crow-bar, and was going to launch it on my head—Wilkins took it away from him—I directly got out of the pit, and asked him what he meant—he made no answer—I turned my head aside, and then he took up an iron dog, and hit me across the neck—I did not see him take it up, but felt the blow on my neck, which knocked me down, and I was insensible—I fell with my head on a log which was on the pit—when I came to myself I was bleeding dreadfully from the back of the head—I was taken to a doctor's—my head was dressed, and I was put to bed all the afternoon—the doctor has attended me every morning since.
Cross-examined by MR. ADOLPHUS. Q. I suppose you have told all that happened? A. Yes—I shall have been apprenticed four years next May—there are about forty apprentices in the yard—the prisoner was a workman there before I came—I never plagued or teased him about his
person being deformed—I have seen the others do it—I went down into the pit as he asked us to give him a lift with the log—there were four of us—I did not go to plague and tease him—we all went down into the pit to help him move the log—we went up out of the pit one after the other—we danced to keep our feet warm—the edge of the pit is under the shed—when he threatened to smack my face I went down into the pit, and began to spar at him—I did not intend to strike him without he hit me—I did not strike him at all—I touched his nose with my finger and thumb—that was when he jumped out of the pit, and I went after him, after he had launched the crow bar at me—he would have struck me with it if it had not been for the witnesses—I pulled his nose once—the two witnesses were present, but I do not think they saw that—he struck me with the instrument directly I turned my head aside—neither of us gave him a black eye—that was Price, one of the sawyers in the next pit, because he was going to hit a third blow—that was after he had struck me with the iron dog—I did not see it done—we did not go there on purpose to tease him—when the rain began I was at work about fifty yards off—I did not tell the Justice I pulled his nose, as I was so ill I could hardly speak—I told him all I could think of.
JURY. Q. Was there any shed or covering over where you were at work? A. No—it was an open yard—there was no shed nearer than where the prisoner worked.
HENRY JAMES WILKINS . I am a shipwright, and work in the Black-wall-yard. I went with Cole and the others into the shed out of the rain—I was at work in front of the pit—there was no place nearer that we could go to—the prisoner was at work in the pit—he asked us to go and give him a lift with a log—Cole, I, and Rawlinson went down and helped him—Cole then got out, and began dancing—some dirt fell on the prisoner's head, and he said, "I will give you a slap in the mouth"—Cole jumped down into the pit, and pulled off his jacket—he did not appear to be angry—the prisoner got out of the pit, and Cole laid hold of his leg—the prisoner then swung over the log to kick him—the prisoner caught hold of the crow-bar, and was going to throw it down at Cole—I went round the log, and laid hold of it—Cole was then down in the pit—I did not see him come out of the pit—it was while I was turning round—I saw him lying on the log afterwards, and then saw the prisoner inflict one blow on his head as he laid on the log—I cannot say whether he was insensible—I cannot say whether he hit him with the crow-bar, or what it was, but I saw him hit him on the head while his head was lying on the log, and he put up his arm to strike him again—I believe it was with the dog—I saw Price come up and lay hold of the prisoner—I did not observe whether the prisoner had a black eye—I did not see Price do any thing when he took hold of him—I took Cole up—he was bleeding—both my hands were covered with blood from his head—I took him to the doctor's.
Cross-examined. Q. How long have you been an apprentice? A. Two years—I and the other apprentices have passed a joke between one another about the prisoner—it has not been our practice to annoy and injure him—we sometimes went to have a lark with him—it required more than one of us to help him with the log—I did not see Cole spar at him—he pulled off his jacket—I did not see him double his fist, he stood with his arms down by his side—I never said that he squared up to him, to my knowledge, or sparred at him—(looking at his deposition)—this is my signature—I took an oath before the Magistrate—my deposition was
read over to me—I did not see any thing that passed after the prisoner came up into the shed—I was turned round, it was all done in a moment—I did not see Cole pull the prisoner's nose.
WILLIAM JOHN RAWLINSON . I am a shipwright's apprentice, working in the yard—I went to the shed because it rained—the prisoner asked us to give him a lift up with the log—we went down, and gave him a lift—after we came down I took up some saw-dust, and threw on his head—he said he would give Cole a smack in the face—Cole took off his jacket, and jumped down into the pit—the prisoner was getting out of the pit—Cole caught hold of his leg, and after he let go of his leg the prisoner swung on the log, and tried to kick him, but could not—he then took up the iron crow, and tried to throw it on him—Wilkins took it away—Cole jumped out of the pit, went up to him, and asked what he meant by that, and squared up to him—Cole turned on one side, and he took up the dog, and struck him on the neck—I did not see Cole pull his nose—he fell down on a log, and while he was lying on the log the prisoner struck him again on the back of the head with the dog—I cannot say whether he struck him hard—it was cut to the skull, he bled very much—my hands were covered with blood—I believe some of us had been teasing the prisoner—something was said to him.
Cross-examined. Q. How long had it been raining? A. About an hour—we were in a public-house while it was raining—we went out at eleven o'clock to get refreshment, and had come back.
Q. Then you did not go under the shed on account of the rain? A. I was waiting for work, saw this little man in the pit, we threw the saw-dust on him—Cole pulled the prisoner by the leg as he was getting out of the pit—the two blows were struck as Cast as could be one after the other—one was struck while he was up, the other immediately after he was down.
COURT. Q. Can you say whether he aimed at his head? A. Yes, I think he did—he might have called other sawyers to help him with the log, but he called us.
JOSEPH BEAL . (police-constable K 252.) I took the prisoner in charge—he said he had been tormented by some parties, which caused him to strike them with the dog—the prosecutor's father gave me the dog—it was shown to the prisoner, and he said it was the dog—Cole seemed very ill.
WILLIAM PELLEN . I am a surgeon, and live in Brunswick-street, Blackwall. On Tuesday the prosecutor was brought to me—I examined, and found a wound about two inches long in the upper and back part of his head—there had been great hemorrhage, his clothes were saturated with blood—I applied adhesive plaster, and bound it up—the wound is still open—I saw it this morning—it was not a dangerous wound in a healthy subject—it depends on the constitution of the patient—the skull was laid bare, and it was such a wound as would be inflicted with this dog—this might fracture a man's skull with very great facility—I still attend the prosecutor.
Cross-examined. Q. If used with malicious force and violence, it would fracture the skull? A. With violence it certainly would—there is but one wound, it went down to the bone—I recommended the prosecutor not to go to work—he has not been at work since—the wound is about a quarter of an inch deep—he complained of a bruise on the neck, but I did not see any mark on it.
NOT GUILTY .
160. JOSEPH THOMAS, EDWARD GURNEY, JOHN NEWMAN . and JAMES FREWIN . were indicted for feloniously assaulting Esau Smith Farmer, on the 25th of October, putting him in fear, and taking from his person and against his will, 1 pair of stockings, value 1s. 6d.; 2 shirts, value 2s.; 2 handkerchiefs, value 1s.; 3 shillings; and I sixpence, his property, and immediately before and at the time of the robbery feloniously using personal violence to him.
MESSRS. ADOLPHU. and DOAN. conducted the Prosecution.
ESAU SMITH FARMER . I was in the service of Mr. Nicholls of Heston at the time in question. On the 25th of October, about half-past ten o'clock at night, I was going along the road near the Bell public-house at Hounslow—I had just come out of the Bell and had a bundle with me, containing two shirts, a pair of stockings, a handkerchief, and another handkerchief which they were tied in—I was with Bowler—there were a good many people in the tap-room, and Thomas, Gurney, and New-man were there—there was a fourth man there dressed the same as Frewin, hut I could not swear to him—I left the Bell and was going down Hounslow, and four men came up and knocked me down—they, were before me, not going in a direction from the Bell but coming towards it—the prisoners had left the Bell before me—Gurney and Thomas knocked me down by coming up and striking me in the face, and all, four fell on the top of me—they took 3s. 6d. out of my pocket and Gurney took my bundle from me—I had some halfpence which they did not take—I called to Bowler and he came back—after I got up I snatched my bundle out of Gurney's hands—Bowler had come and pulled me up before that—I then followed them down to the Coach and Horses, half a mile, and the prisoners were all there—I stated there what had happened, and Gurney got up and knocked me down—I got up, and he knocked me down again, and I ran out for a policeman—they all ran away—I secured Thomas—I saw the others in custody next morning.
JURY. Q. Can you be certain Frewin was at the Coach and Horses? A. There were four there—I am not certain Frewin was there.
Cross-examined by MR. CHAMBERS. Q. How long were you at the Bell? A. About three quarters of an hour, drinking with Bowler who went out with me—I was once in a scrape at Feltham—two boys got fighting, I tried to separate them and they all fell on me, and I was put into the round house, as a woman had me taken up because there was a chair broken—I was there all night, and next morning the Magistrate discharged me by paying 5s.—I have not been in any prison—I never saw any of the prisoners before that night—there were gas-lamps on the other side of the road, not on the side it happened—I was very much alarmed—I did not get knocked down before I could look round me—I had just left Bowler—he came and helped me up while the men were there—they did not attempt to interrupt him—they went away then—the 3s. 6d. was in my right hand trowsers pocket—I had bought a pair of stockings, and put the money into my pocket when I was coming outside of the Bell—the halfpence were in my coat pocket—they did not feel that pocket.
RICHARD BOWLER . I lived at Hounslow at the time in question, in the employ of Mr. Nicholls. On the night of the 25th of October I was at the Bell with Farmer for about an hour, and saw the four prisoners in the tap-room—I did not know them before—they were there all
the time—I am quite sure of their persons, and was always so—I was jarring with Newman there—we all went out together—the house was cleared, and after he had got some way Farmer hallooed to me—I went up, and saw them all down upon him scrambling together—he had no words with them in the public-house—I never heard him speak to one of them—I helped him up, and the prisoners went away—he complained of losing 3s. 6d., and asked me to go to the Coach and Horses with him, but I did not, for I was afraid they would pitch into me.
Cross-examined. Q. Is Farmer a friend of yours? A. We had been labouring together, and went into the public-house and were drinking together—the jangling was about the compass of a ship—I said the compass always pointed to the north, and Thomas said it always pointed to where they were going—Farmer did not join in the conversation—we got to high words—he had his bundle in the house—he had it in his hand when he was in there—it was on the settle by his side, part of the time—the jangling lasted a quarter of an hour—it was at last proposed that Gurney and I should fight—we got up to fight, but the landlord would not allow us, and turned us all out together—Farmer did not get up to second me—two or three men tried to stop the piece of work—I did not see Farmer get up, I was not looking after him—I do not recollect his holding up his bundle, and saying, "If it is your bundle take it"—I saw him with the bundle when we were turned out—I did not like to go with him for fear I should be attacked—I thought them likely enough to thrash me—at the time I helped Farmer up the prisoners were there handy—they remained about two minutes, while I lifted him up—I left him in the road, as he said he should go and charge the police with them—there was a policeman outside the Bell as I came out, but he was gone away before we left the Bell—about a dozen were turned out—we all parted before this happened—I was with Farmer when the boys got fighting, but I was not put into the round-house—I was never in any scrape.
MR. ADOLPHUS. Q. You had known Farmer some time? A. Yes.
JAMES HARRAGHAN . I am a policeman. On Tuesday night, about twelve o'clock, I was at the station at Hounslow, and saw Farmer running towards the station—he made a complaint to me—I went in pursuit with him, and saw the four prisoners running—I pursued Thomas, and arrested him in a cabbage-garden where he had laid down to conceal himself—the prosecutor came up, and identified him—Thomas said he had been there, but did not rob him—I found 15s. 6d. and 7 1/2 d. in copper on him.
DANIEL RANDELL . I am a policeman. On the night of the 25th of October I was on duty near the Bell public-house—after the party came out I went away—they came out altogether—the whole house was cleared just after eleven o'clock—I heard of the robbery about one o'clock, and at six o'clock I went to Isleworth—Thomas was in custody—I went to Gurney's house, which is about two miles from Hounslow, and took him between seven and eight o'clock—I charged him with the robbery—he said he was there, but knew nothing of the robbery—I took Frewin at Mr. Stanbury's wharf, near Isleworth, just before eight o'clock—he said he was at Hounslow, but knew nothing of the robbery.
Cross-examined. Q. At the time they came out did not several others come out? A. Yes, about twelve or thirteen—there was a few words passed—there had been something in the house, and I was waiting to see that nothing was done when they came out—I saw the prosecutor come out—he was
not doing or saying any thing—Bowler had been quarrelling with Gurney—I might have stopped at the public-house ten minutes—I did not see all the party go away—I did not see Farmer or Bowler go away—I think the rest were gone—I went to the back of the Bell, not in the direction they went—I found Newman in the Castle public-house—I have a bundle which I got from Farmer after the prisoners were apprehended—I saw him with a bundle that Sunday night at the Bell—it was like this.
JOHN LAURENCE . I am a policeman. On the 25th I was on duty near Gurney's house, and saw him come home at twenty minutes before one o'clock in the morning with another man like Newman—I cannot say it was him.
(The prisoners received good characters.)
THOMAS.— GUILTY . Aged 26.
GURNEY.— GUILTY . Aged 28.
NEWMAN.— GUILTY . Aged 23.
FREWIN.— GUILTY . Aged 21.
Of an Assault— Confined Four Days.
161. WILLIAM ASHLEY . was indicted for burglariously breaking and entering the dwelling-house of James Lane, about one o'clock in the night of the 11th of July, at St. James, Westminster, with intent to steal, and stealing therein, 7 rings, value 20l.; 2 neck-chains, value 20l.; 2 pairs of bracelets, value 10l.; 6 lockets, value 10l.; 2 seals, value 3l.; 1 watch-key, value 1l.; 1 brooch, value 2l.; 1 coat, value 3l.; 1 waistcoat, value 10s.; 16 pairs of stockings, value 3l.; 2 collars, value 1l.; 2 sleeves, value 5s.; 7 pairs of boots, value 4l.; 1 pair of shoes, value 7s.; 6 printed books, value 1l.; 1 drawing, value 2s.; 12 toothbrushes, value 6s.; 1 jacket, value 15s.; 2 bags, value 1s.; 3 half-sovereigns, and 6 5l. notes, the property of Henry Blissett, clerk.—2nd COUNT. stating it to be the dwelling-house of Henry Blissett, clerk.
MR. BODKIN. conducted the Prosecution.
REV. HENRY BLISSETT . I live in Herefordshire. In July last I was staying in London, and had a front parlour at No. 3, St. Alban's-place, St. James's, which I used as a sleeping-room—Mr. Lane, the owner of the house, did not sleep in the house, but his servant lived there and attended to the rooms—on Saturday, the 11th of July, I came home about twelve o'clock at night, and then went out to a club-house in the neighbourhood—I took a latch-key with me, that the parties in the house should not be kept up—I closed my room-door, but did not lock it—I closed the outer door after me, and am quite sure it fastened—I returned about a quarter after two o'clock, and found the police in possession of my room, and nearly all the property gone, to the value of nearly 200l.
Cross-examined by M. PAYNE. Q. Are you not mistaken in saying you closed the outer door? A. I think, if I recollect, when I went out Captain Cape came in at the same moment, and I think I closed the door, but I will not be positive, but that the door was closed I am quite certain—whether Captain Cape shut the door, or whether I pulled it to, I will not be positive.
Mayo came in between twelve and one o'clock—I then closed the outer door, I am certain, and at that time Mr. Blissett's door appeared to be right—when I let Mr. Mayo in, I shut the door to myself—it shuts with a spring—at the time Mr. Mayo came in I noticed a policeman go past with a boy in his custody—I then went to bed, leaving Mr. Blissett to let himself in—Captain Cape had a key, but he came in before that, because I was up at the time he came in—I know Mr. Mayo came in after Captain Cape, because I let him in—I was awoke about half-past two o'clock in the morning by a policeman—I went down, and found the house had been entered and the property stolen—I had noticed the property in the room about eleven o'clock that night—every thing appeared safe then—I had fastened the back doors and windows, and every thing was as I had left it, except the front door.
Cross-examined. Q. Did you let Captain Cape in? A. No—I heard him come in—he lodged at the top of the house, and I heard him go into his room—I am confident it was him—he could have gone out afterwards—all the gentlemen had keys—there were eight gentlemen—they were all in except Mr. Blissett—whether any of them went out again or not, I cannot tell.
THOMAS VIVIA . (police-constable C 58.) I was on duty in the neighbourhood of St. Alban's-place, on the night this happened—I passed by No. 3, with a boy who I had in my custody, about one o'clock—the outer door appeared to be closed then—about twenty minutes past two o'clock my attention was called to the door again—I put my hand to it, and it was open—I went in and alarmed the family—the door was on the jar—I examined the lock—it did not appear to have been forced—the house did not appear to have been entered by force.
ANDREW VALLANCE . I am a police-sergeant. I had notice of this robbery on the 11th of July, and took two men into custody, named Miles and Bennett, who were tried here at a former session—in consequence of information which I got after they were in custody I went about ten o'clock on the morning of the 27th of July, to the prisoner's lodging at No. 52, Whitcombe-street, St. James's, the back attic, on the third floor—he was not there—the door was unlocked, but was closed to—I found there these lace-sleeves, part of the brass of a writing-desk, four keys, and a small box for holding pencil-points—Mr. Blissett was with me, and claimed them as his property.
Cross-examined. Q. Where did you find the sleeves? A. In a bag with some dirty linen—the keys were in a box, and the part of the writing-desk lying in the window—that was all I found.
WILLIAM WOOLGAR . I am a bricklayer. I keep the house No. 52, Whitcombe-street, the prisoner lodged at my house in July last, in the top garret—he was in the house before I took it, and I had it eight months—on Saturday night, the 11th of July, he paid me a half-sovereign—it was from one to two o'clock, as near as I can tell—I had not been in bed long—I do not know how long he had been out that evening—when he came home he knocked me up to give me the money—I cannot say exactly how much he owed me—there was but a few shillings more difference between us—his rent had got in arrear—when he gave me the half 'Sovereign, he said he was going into the country, perhaps he might be gone two or three weeks, or he might not be gone above a week—he left a box in his room—he did not go into the country—he came back again the next night, and continued
to lodge there for about a fortnight after, till the officers came—he was there on the Sunday night as they came on the Monday—he went away on that Sunday—he came in, went up stairs to his room, came down again, and went away—I saw no more of him.
Cross-examined. Q. Did he pay you more money at the fortnight's end? A. No—he did not tell me then that he was going into the country—he said nothing—he was not there five minutes that Sunday—he asked me to lend him a light—I was not at home when the officers came—his room was always kept locked till the Sunday night that he went away—it was then left open—three other families lodged in the house—he had the key of the room—he left about ten o'clock on Sunday night—I know it was the 11th of July that be paid me the half-sovereign, because I have spoken about it to the officer—I did not keep an account of the day, but I know it was the same night as the robbery—the officer said so—I did not hear of the robbery for a fortnight after—no one slept in the prisoner's room on Sunday night, that I know of—I cannot swear no one did sleep there, but they had no right to do so, and I did not know of it—the door was not locked after he left.
MR. BODKIN. Q. How long before the officers came was it that he paid you this half-sovereign? A. The Saturday week before, just a fortnight.
JOHN GRA . (police-constable C 14.) I saw Miles standing with the prisoner between three and four o'clock, either on the 24th or 25th of July last, about 100 yards from Whitcombe-street, where the prisoner lodged.
JOHN WHAL . (police-sergeant C 16.) I have been looking for the prisoner to apprehend him, ever since the search made at his lodging, but was not able to find him till the 12th of October, when I took him at No. 5, New-court, Duck-lane, Westminster.
MR. BLISSET. re-examined. These keys are mine, and were in my room, in the carpet bag—these sleeves were also in the carpet-bag—this piece of brass, I have no doubt, is part of my writing-case—it has exactly the same coloured leather on it as the case I lost that night—I had left it locked—this pencil-holder was also in it, I believe—it is exactly like one I lost—I also lost six 5l. notes, and three half-sovereigns, I think—Miles was taken into custody on the night of the 24th.
JAMES LANE . I was present when Miles was being conveyed to the station, on the night of the 24th of July—on his way there, I observed something fall from him, which turned out to be eleven or twelve skeleton-keys in a bag.
GUILTY . Aged 21.— Transported for Fifteen Years.
Fourth Jury, before Mr. Common Sergeant.
M. CLARKSON. conducted the Prosecution.
JOSEPH SKINNER . I am a furniture-broker, and live in Whitechapel-road. On the 11th of November, I had a carpet worth 3l. at the door of my shop—I saw it safe there about six o'clock, when I went out—when I came home, about seven o'clock, I missed it—my wife and boy were in care of the shop—I have an idea that I have seen the prisoner lurking about the road, but not on that evening.
WILLIAM THOMAS DOWDALL . I am shop-boy to Mr. Skinner. On the 11th of November he went out about six o'clock in the evening—I saw the carpet in the shop, about half-past six, lying on a chest of drawers inside the shop—my master returned about seven, and it was missed—I had not sold it.
JAMES CHRISTOPHER EVANS . I am inspector of the Thames-police. On the 11th of November, in consequence of information, I was at the house of one Stanley, a barber, in Brick-lane, searching the house, with a search-warrant—between six and seven o'clock, I was sitting in the back parlour, and heard a knock at the back door, like a person's knuckles—the door opens into a yard communicating with the next house—I opened the door and found the prisoner drawing this carpet through the passage—he was stooping down, and pulling it through the passage, close to the door—he said, in an under tone, "Is he at home?"—I said, "Yes, walk in"—I took hold of his collar, and pulled him in—I was not in my police-dress—I asked where he got it from—he said two gentlemen in black had hired him to bring it to a barber's shop, and had given him 1s., and he should not know them again if he saw them.
M. SKINNE. re-examined. This is my carpet.
GUILTY . Aged 28.— Transported for Seven Years.
MR. CLARKSO. conducted the Prosecution.
RICHARD OWEN . I am foreman to Mr. Priestley, a master carman, and live in Grove-street, Commercial-road. On Monday, the 9th of November, I was riding home in a cart, and went along Whitechapel, opposite Union-street, and saw Mr. Larkin's cart unloading cheese opposite Mr. Clark's door—I saw a man take two cheeses out of the cart, put them under the skirts of his coat, and run up Black Lion-yard with them—I followed him through four or five streets until he came to Pelham-street—he went into a barber's shop at the corner of Pelham-street with the cheeses—I was between four and five yards from him when he went in—I waited at the door two or three minutes looking for a policeman—I could not find one, and spoke to Hubbard, who was riding in his cart—he got out, and I went up, got one foot inside the barber's shop-door and one foot out, and Hubbard ran by, and got into the barber's shop—I could see into the shop a little—I saw the prisoner there, and a man in a fustian coat—he was merely standing by a chair—the prisoner was not shaving him—that was not the man I had seen take the cheeses—I could not see entirely through the room, the door only being partly open—I waited outside the door by the cart, and saw the man who had taken the cheeses come out with another man without the cheeses—he came out at the side door, not the same door he went in at—(a man had come up and given me a shove in Black Lion-yard, when I was running after the man)—when the man came out of the shop I think it was a man who had come and spoken to the man who stole the cheeses—they went away together down the street—I saw Hubbard come out of the shop, seven or eight minutes after he went in, and after him I saw two girls come out with apparently one cheese under each of their aprons—I went towards the cart with Hubbard—the girls followed, came to the cart, and delivered the cheeses to Hubbard
—I had seen one of the two girls in the barber's shop as I knocked at the door to tell the carman the man had come out who had taken the cheeses, and she slammed the door in my face—I went with Hubbard to Mr. Larkin's.
WILLIAM HUBBARD . I am carman to Messrs. Merritt, and live in Castle-side, Whitechapel. On the 9th of November, about six o'clock in the evening, I was in Brick-lane—Owen called out to me, and in consequence of what he told me, I jumped out of the cart, and went to the barber's shop at the corner of Pelham-street—I saw a young man in a fustian dress—whether it was a coat, or what, I do not know—I saw the prisoner there, and told him I wanted my cheeses—I collared the first man I came to in the shop, which was the one in fustian, and said, "Come, hand me my cheeses"—(I afterwards found the cheeses were not mine—which I thought they were)—the prisoner said, "We have not got any cheeses here," and the other man said, "I am going to get shaved"—I said I wanted my cheeses, and while I was waiting for them I should lose some other things—I said nothing about the number of cheeses, or where they had been lost from—I said, I wanted my cheeses, and I would have them before I went, if not I would charge the police with them—the prisoner still said they had not got the cheeses, and that it was a barber's shop—I called to Owen outside, who had his foot on the step, and told him to call the police, which he did—I found no policeman came, and I said to the prisoner, "Give me my cheeses, I do not want any bother about it"—there was such a mob about the door I thought my cart would be robbed, and I said, "Hand me over the cheeses, and I won't give charge of you, I will take no further notice of it"—the prisoner said, addressing the person I supposed to be his wife, "Oh dear, why there was a fellow bolted in here just now with two cheeses, and shoved them in at the back there, and he went out at the other door, and said he was coming back presently to fetch them"—I said, "Let me have my cheeses, and be off"—he said, "Young man, I know you won't take further notice of it"—he said, "He is a right one, and a good fellow, and will you take a drop of any thing to drink, young man?"—I said, "Will I not?—you try me"—of course I took it—they fetched a stone bottle (I cannot say whether it was the old lady or one of the young ones,) from somewhere backwards, brought it into the shop, and gave me a glass of brandy—there were two girls in the shop—the prisoner said if I would go with him backwards, he would allow me to take the cheeses to my cart—I said, "I shan't take the trouble of taking them, after being robbed, I will make you take them or send them"—he said, so he would—I went out to Owen, and we went up Brick-lane some distance—a girl came on my left side, and said, "Young man, here are your cheeses"—I cannot say whether she was one of the girls who had been in the shop—I received the two cheeses at last—they were brought up singly—I believe one girl brought them, but I cannot say—I threw them into my cart, and on examining them was satisfied they were not mine—I had no such cheeses in my cart—mine were round Dutch cheeses—I afterwards took them to Mr. Clark's, in Whitechapel, and afterwards to Mr. Larkin.
Cross-examined by MR. DOANE. Q. Who told you should have the cheeses? A. The prisoner—the other man was present—he was not to give me back the cheeses—the prisoner said he would bring or send them—I said "I have got to deliver them, and shall be behindhand"—I told
him to send them after me very quickly, or I should come back with a policeman—the prisoner did not say to the man in the fustian coat, "Let the man have his cheeses back"—he said to me, "Young man, you shall have your cheeses," and if I went behind with him he would give them to me—I had let go of the collar of the young man, and he very soon cut his stick,
CHARLES BAKER . I am in the service of Mr. Lark in, who is in partnership with his son as wholesale cheesemongers, in High-street, White-chapel On the 9th of November I had to deliver to Mr. Clark, in White-chapel, opposite Union-street, 37 Derby cheeses—I left Mr. Larkin's about five or half-past five o'clock, and got to Mr. Clark's before six—while I was delivering them, one of Mr. Priestly's men gave me an alarm of robbery, and I missed two Derby cheeses—they were the same dairy as those produced—they were afterwards brought to the ware-house by Hubbard and Priestly's man—I took them to Mr. Clark's the same evening.
SAMUEL CLARK . I am a cheesemonger in Whitechapel—I received 35 cheeses from Mr. Larkin on that night—I expected 37, and received the other two that same evening. (See the case of George Miller, page 117.)
GUILTY . Aged 63.— Transported for Fourteen Years.
CHARLES SCOTT . I am in the service of Enoch Jones, a linen-draper, in Plummer's-row. The prisoner was in his service up to the 5th of October, when he left—I had sent him to Candy and Co.'s, of Watling-street, for some shawls—he brought me three shawls from them, saying that he had received them on approbation—I kept them one day, and sent him down the next day to ask if we might keep them another day—he brought me back word that we might, and next day we sent the porter down to Mr. Candy's with them, and they were refused—I sent the prisoner with them again the same evening—he came back and said their warehouse was shut Up—next day I sent him again with them, and he came back and said he had got them made returned—the parties have since sent us in a bill for them.
Cross-examined by MR. DOANE. Q. When you disapproved of the articles, was it known to the prisoner that you did not approve of them? A. Yes, and the porter was sent back with them—I am not aware that the prisoner was present at the time—I had not known the prisoner above six weeks—he came with a good character, or Mr. Jones would not have employed him—he left on a disagreement about closing at eight o'clock instead of nine o'clock I understand.
WILLIAM IRVING . I am assistant to Charles Candy and Co. On the 5th of October, the prisoner came to the warehouse, pointed me out, and said he had returned the shawls to me, or somebody like me—he did not return them to me—I had refused to receive them, they being sold and not lent on approbation.
Cross-examined. Q. How many men are there in Mr. Candy's service? A. About twenty—the prisoner was brought to me in custody—he persisted in having brought them back.
COURT. Q. Was an opportunity offered him of seeing every body in the place? A. Yes.
WILLIAM LAING . I am book-keeper to Messrs. Candy—I produce the journal of the 3rd of September—I have an entry to Mr. Jones of two half-squares, 79s., and 1 square, 7l. 17s. 6d.—the goods were sold by Irving, the quantity checked by one Lacy, and the goods taken by Sturt.
Cross-examined. Q. I suppose they might have been returned without your knowledge? A. It is possible.
HENRY WILLIAM DUBOIS . I am a policeman. I took the prisoner in charge—I afterwards went with him to Messrs. Candy—he pointed out Mr. Irving, and said, "That is the man, I think, or somebody very much like him"—all the shopmen were present.
Cross-examined. Q. You told him you took him for stealing shawls? A. Yes—he said he was astonished Mr. Jones should take such harsh proceedings without letting him know about it, and if I would take him to Mr. Jones, or to Candy's either, he would satisfy him what he had done with them.
WILLIAM IRVIN . re-examined. When goods are returned, it is usual to give credit on the invoice or cancel the original entry—I have no memorandum in my books of any thing of the kind—in the usual course if the prisoner returned goods, he would bring back the invoice, but if he omitted to do so, we should give him a document to show that he had returned them.
NOT GUILTY .
LUKE SPARKS . I am a policeman. In consequence of information which I received from the prosecutor's son, on the 5th of November, about half-past twelve o'clock, I went to the hay-stack, and saw two cuttings, and on each cutting was some hay cut and not taken away—I then went to the cart which was loaded, examined it, and saw there was a place left to put some loose hay. I went in doors, made eighteen tickets, and put twelve in the hay-stack where it was cut, and six in the cart. About three o'clock, I called on the prisoner—I saw him about four—after that I went to the back of the premises, and saw him go round to the stack two or three times—I then went and called my brother constable, while doing so, the prisoner came on with the cart—we followed him as far as Shepherd's Bush, and there took him into custody—I took him back to Ealing, searched the cart, and found this 20 lbs. weight of hay, in which my brother constable found two of the tickets which I had put in the stack—I told the prisoner it was the hay I had marked in the stack—he said it was the usual quantity he generally had—he afterwards said he knew he had done wrong, but he must suffer for it the same as a good many more had done.
JOSEPH HUN . re-examined. The prisoner was my servant—I did not allow him to take any hay for his horses—about 25lbs. was tied up for them by the hay-binder—that 25lbs. was made away with, and he had 65lbs. besides, which was taken from the stack, and on the top of the
cart was 45lbs. more—he always bore a good character up to this time—my son is too ill to come here.
JAMES GODDARD . I am a policeman. I searched the cart, and found on the top an allowance, as I supposed, for the horses—I got down, went to the prisoner, and said, "What have you got?"—he said, "Nothing more than the usual allowance"—I pointed to the hay which I supposed was stolen, and said, "That is wrong"—he said, "I own it is wrong, but I must suffer for it the same as the rest—if I get off from this I will take care that I never do it again"—after I took him to Ealing, I searched the hay, and found these two tickets.
Prisoner's Defence. I had lost the hay which I had for the horses, and I took a little more—master never told me I was not to take a bit more—the hay on the top of the cart was the hay I had taken for the horses.
NOT GUILTY .
JAMES HARRISON . I am servant to Thomas James Balch, a butcher On Saturday evening, the 21st of November, about six o'clock, I saw this pork safe outside the shop—the constable afterwards brought it in, and I knew it.
Prisoner's Defence. A boy gave it me.
GUILTY . Aged 18.— Confined Six Months.
JOHN PHEPOE . I am second mate of the ship Pona, in the East India Dock—the prisoner was steward—my shoes were safe in the cabin between Gravesend and the East India Dock—I missed them when I arrived, and next morning I found them on the prisoner's feet—he said he would knock my b—head off—I gave him in charge—he said he had five pairs of the same sort of shoes, and yesterday at the Police-office, he said he had three pairs, but I swear these are mine—there is a mark inside, which I know them by, and my name was written on them, but that has been erased—they are lined with red—I have had them nearly two months—since I joined the vessel in Liverpool, I have lost about 11l. worth of clothing, and since I have arrived in England 25l. would not pay for what has been stolen.
WILLIAM SLADDEN . I am a policeman. I took the prisoner at the Sailors' Home—I told him the charge, and asked him if those were the shoes he had on—he said, "I suppose they are, I bought them at Liverpool"—he had some difficulty in getting them on next morning when I told him to do so—I found one pair of new shoes among his clothes, which were very small indeed, and did not fit him.
Prisoner's Defence. I bought different articles at Liverpool—the things were brought to me the moment the ship was going out, at the dock-gate—I said, "Here is one pair too small, they don't fit me"—the man said, "I have not time to change them"—I took another pair and wore them in the ship, and this pair I put into my chest—I afterwards wore them every day about the deck
to ease them—they fitted me very well at last—Phepoesaid they belonged to him—we had a disturbance on the passage, and he threatened to pay me out for it—he always looked at me with great discontent—every time he came into the cabin he inquired why one thing and another was not done—he saw me with the shoes on one day, and said nothing about it, and next day he sent for an officer, and said he would make me pay for every thing he had lost.
Prisoner. I wish to ask him about my character. Witness. He had charge of all the stores in the ship, and a great deal of them was missing—he said the people had broached the stores—I laid my shoes out at twelve o'clock, and missed them at a quarter-past two the same day—I found them on his feet next morning at the Sailors' Home—he had gone on shore the night before—I saw him that night, but it was dark, and I could not tell whether he had them on, but next morning I noticed them.
GUILTY . Aged 35.— Confined Six Months.
NEW COURT.—Saturday, November 28th, 1840.
Fifth Jury, before Mr. Recorder.
GUILTY .— Confined Three Months.
GUILTY .— Confined Six Months.
GUILTY .— Confined Three Months.
171. FREDERICK PESKETT . was indicted for stealing, on the 7th of November, 8 boxes, value 2s. 3d.; 4 work-boxes, value 6s.; 4 cigar-cases, value 2s.; and 2 yards of Holland, value 1s.; the goods of Jonah Boare, his master; to which he pleaded
GUILTY .— Confined Six Months.
GUILTY .— Confined Six Months.
GUILTY .— Confined Three Months.
JOHN WILLIAMS . I live with Mr. William Dare, in Queen's-buildings, Knightsbridge. On the evening of the 19th of November, there was a customer in the shop—I saw the prisoner and a person named Denman—Denman asked for some waste plumbs—I said we did not keep them—he and the prisoner both left—when they were gone I missed a bottle of oil.
MICHAEL SAMPY . I live in Exeter-buildings, Chelsea. On the 19th of November I was nearly opposite Mr. Dare's shop—I saw the prisoner go in and take the bottle from the counter—he put it on his left-hand side, and concealed it—when he came out I seized him, and asked what he had there—he said, "Nothing," and then he let it drop on the pavement, and it was broken—I told Williams.
GUILTY . Aged 13.— Confined Six Weeks.
MR. DOAN. conducted the Prosecution.
SAMUEL RUTHERFOR . (police-sergeant F 7.) In consequence of instructions from Mr. Woods I watched his boiling-house in Bear-street, Lincoln's-inn-fields—there is no shop—between eight and nine o'clock on the morning of the 18th of November I saw the prisoner coming out with this can, with his hand covering the top—there was no lid to it—by following him I saw a piece of tripe on the top—he was going in the direction of his own house—he keeps the Crooked Billet public-house—I stopped him just as he was about to enter his own door, and asked what he had got there, pointing to the contents of the can—he said, "Why?"—I told him I was an officer, and he must consider himself in custody—I took him to the station—on the way I asked several times who gave it to him—he did not give an answer—at the station he said some of them down at the boiling-house gave it to him—Mr. Woods afterwards came—I heard the prisoner tell him that Jack Armstrong, as I understood him, gave it to him—the can contained a neat's foot and honeycomb tripe.
Cross-examined by MR. ESPINASSE. Q. How near is Bear-yard to the Crooked Billet? A. About forty yards—I swear positively to what I heard the prisoner say—I merely questioned him to ascertain if he had bought it at any other place—we have no authority to do so.
JOHN ARMSWORTH . I am in Mr. Wood's service. I was at the boiling-house in Bear-yard on the 18th of November, where the tripe and cowheels are prepared for the shop—it is not a place of sale—the prisoner came down to the boiling-house between eight and nine o'clock, as usual, for his pots—I did not give him any tripe or cow's-heel—we had a lot of tripe there, there were fifty-one honey-comb pieces, of about 1lb. each—I did not see him leave.
Cross-examined. Q. Did you see the tripe counted? A. No—I do not know how many were taken away—the foreman counted them—there were fifty-one, as I was told—when we go of a morning we have to turn the tripe over—I have known the prisoner eight years—I attended the Police-office—I did not afterwards see any thing of his friends—I saw his
attorney—he asked me how it was, and I told him I knew nothing about it.
Q. Did you say to Mr. Dawson, or to this gentleman by me, that you wanted to know whether you should continue in the same story, or make a flaw? A. I cannot say exactly, I was not sober when I was speaking to Mr. Dawson—I will not swear that I did not say so to this gentleman—I was not sober enough to recollect going to Mr. Dawson's, and seeing this gentleman—I went to the prisoner's house about this, and there I saw this gentleman—I think I said to this gentleman, "Stephen Weston wants to put it all on me, John Arms worth, (Stephen Weston is foreman to Mr. Wood,) and he picked the honey-comb, and gave it to Mr. Smith"—I said, "Weston is our foreman, and whatever he tells us to do, we are obliged to do it—he told me to get a foot up for Smith, and I shoved it into the can"—I do not know whether I said Smith did not see me put it into the can—I will not swear I did not—I said I saw Mrs. Smith's sister at the bar on Thursday morning, and told her I wanted to see Mr. Dawson—I said, "Tell Mr. Smith to keep this to himself, and then he will know what is wanted, if he has any thing to send to me let me know"—Smith did not see me put it into the can.
COURT. Q. Did you put it in the can? A. Yes.
Cross-examined. Q. What time was that? A. A little after nine o'clock—I saw the honey-comb tripe—I counted them about three o'clock in the morning, before they were dressed—there were fifty-one—I did not count them any more—they were there all night—I have known the prisoner about two years—all our men are in the habit of getting beer there—the prisoner has come of a morning to collect the pots, since his young man has been ill—I have had my beer of him—I owe him about 7s.—this tripe was on the right-hand side, in the boiling-house—they were on a board, not secured in any way—the prisoner has bad a little bit of liver now and then of me, for a little spaniel dog, and I had had a drop of beer of him—the liver was not my perquisite, I did not account to my master for it—I thought it was no value—I am not in the habit of selling any thing on account of my master.
COURT. Q. Had you any communication with Armsworth that morning? A. No, my Lord, not that I know of—I did not tell him to get a foot up for Smith, and to put it into the can—I did not tell him any thing to my recollection, he did not come nigh me—I did not tell Armsworth, "You may as well drop something into the can"—I did not know there was any thing in the can till I got to Bow-street—I believe all our men run a score at the prisoner's.
Cross-examined. Q. Are you in the habit of getting beer from him? A. Yes, I owe him 7s. 10d.
Cross-examined. Q. Is there another boiling-house nearer Mr. Woods's? A. Yes, in St. Clement's-lane—I owe the prisoner 6s. 6d.
Cross-examined. Q. What do you owe him? A. 1l. 1s. 6d. or 1l. 2s.
HENRY THOMAS WOOD . I am a tripe-dresser, and have a boiling-house in Bear-yard. The witnesses who have been examined were my servants there, I had no others—they had no right to part with any of my property—I have known the prisoner eight or ten years—he knows my house of business—I should have sold this tripe for 6d., and the foot for the same.
Cross-examined. Q. Have you been in the habit of frequenting the prisoner's house? A. I have not been there for some time—there was no difference between him and me.
COURT. Q. Had you set any person to watch the premises generally, or for any one person? A. I understood, from anonymous letters, that something of this kind was going on, and I applied to the station.
(The prisoner received a good character.)
GUILTY . Aged 28.—Recommended to mercy by the Jury.— Confined Two Months.
ALEXANDER. pleaded GUILTY . Aged 18.— Confined Six Months.
JANE EDGECOMBE . I am the wife of James Edgecombe, and keep a chandlers-shop, in Pieschell-street, Paddington. On Sunday morning, the 15th of November, I was in the parlour at the back of the shop—I saw Alexander several times, walking up and down, peeping into the shop—I told my girl to watch—I missed a piece of bacon, and ran out, and saw Alexander cross the road—the bacon now produced is my husband's.
HENRY DAMEY . I am a porter, and live in Pieschell-street. I was at the corner of the street, between nine and ten o'clock—I saw Osborne pass the bacon to Alexander, who put it under his frock—I took him, and the bacon was taken by an officer.
CHARLES BENNET . (police-sergeant D 18.) I took Alexander, and found under his smock-frock this piece of bacon—I asked how he came by it—he said he did not steal it—I took Osborne in the New-road, half an hour after—he said he knew nothing about it.
Osborne's Defence. I did not give it him, and was not along with him; I was with another boy sweeping the crossing.
OSBORN.†— GUILTY . Aged 17.— Confined Six Months.
JOSEPH BAKE . (police-constable B 179.) I stopped the prisoner in Marlborough-row, Chelsea, on the 16th of November, carrying this cloak under his arm loose; he told me that he had found it, and afterwards that a boy gave it to him.
MAY ANN EXELL . I live in Marlborough-row, Chelsea, my husband's name is James Exell—this is his cloak—I had left it on the handle of a barrow in the street—I had been selling oysters—I did not miss it till the prisoner was brought back.
(The prisoner received a good character.)
GUILTY . Aged 14.— Confined Six Weeks.
ALEXANDER CHARLES KELTY . I am a fancy cabinet maker, living in Lamb's Conduit-street. On the afternoon of the 11th of November, I was in Great Sloane-street, and felt a tug at my pocket—I put my hand behind me and caught hold of the prisoner's hand—his fingers were at that time in my pocket—my handkerchief was gone, which I had used a very few moments before—I turned and accused him of stealing it—he said I was a false man—the policeman came and took him, and I saw it at the station.
Prisoner's Defence. I was walking along, the gentleman turned and accused me of taking the handkerchief—I never had it in my possession nor saw it till it was produced.
GUILTY . Aged 19.— Transported for Ten Years.
HENRY HILL . I live in Northumberland-passage, near Hungerford Market. On Thursday morning, the 12th of November, I went to market at a quarter past seven o'clock, and returned at a quarter past eight, I then missed a frock coat from the passage inside my door—the officer had the prisoner in custody.
SAMUEL GOODCHIL . (police-constable A. 36.) Between seven and eight o'clock, on the 12th of November, I saw the prisoner running from the direction of Northumberland-passage through Scotland-yard, with this coat rolled up under his left arm—I followed and cried "Stop thief"—he threw it down near the sentry box in Whitehall-gardens—he then ran faster—I pursued him to King-street and there took him—I asked where he got the coat that he had under his arm and threw away—he said he had had no coat, and did not know of any—I had left it in the sentry's charge—I went back and took it.
ROBERT BARBER . I am in the first regiment of Guards, and was sentry at Whitehall-gardens on the 12th of November—about twenty minutes before eight o'clock, I heard some one running very fast—I turned, and saw the prisoner running with this coat under his arm, and the policeman after him crying "Stop thief"—the prisoner threw down the coat, and the officer said "See to that"—I took it, and gave it the officer afterwards—I never lost sight of it.
MR. HIL. re-examined. This is my coat—some of my cards are in the pocket of it.
Prisoner's Defence. I was going to see for a job, a man came running, he said, "Here is a coat for you, run away with it"—I ran, and the officer came after me.
WILLIAM MILLERMA . (police-constable B 95.) I produce a certificate of the prisoner's former conviction, which I got from the deputy clerk of the peace at Westminster—(read)—I was present at the trial—he is the same person.
GUILTY .† Aged 18.— Transported for Seven Years.
180. LOUISA RUTHERFORD . was indicted for stealing, on the 30th of October, 6 yards of linen cloth, value 12s.; 5 yards of muslin, value 5s.; 20 yards of calico, value 10s.; 2 petticoats, value 5s.; 1 cap, value 2s.; 1 shift, value 6d.; 1 towel, value 6d.; and 1 waistband, value 6d.; the goods of Robert Parker, her master.
MARGARET PARKER . I am the wife of Robert Parker; we live in Shoreditch; the prisoner was in our service. I left town on the 28th of October, and returned in a few days—she was then gone—I went into her bed-room the day after my return, and opened a box of mine which was there—I found it locked—I missed from it some Irish linen, some cambric, and some calico—I missed some petticoats from another part of the house—on the 17th of November, from information I received, I went to the prisoner's mother's, at Gillingham, in Kent—I found the prisoner there—I said to her, "I have come about those things I have lost"—she was very indignant, and said she had nothing belonging to me, not so much as a piece of rag to wrap round her finger—I said it was of no use her saying so; I had lost those things, and there was no one else in the house—I said she had made Mr. Smith, the foreman, some shirt-fronts, which I believed to be of my linen—she said they were not, and was very insolent—I said to our bailiff, who drove me down, "You hear how insolent she is, go and get a constable"—the prisoner then said, "I did take the linen to make the fronts, and about half a yard more to line a dress"—there was one of her boxes in the room—I looked into it, and saw some muslin, which I believe belonged to me—I asked her mother where her other things were—she said the chief of her things were left in town at her aunt's, in Elliott's-row—I went there, and saw a box which the prisoner had had at my house, and in it I found a towel with the name of Parker on it, and in another paper box of hers I found a black figured waistband of mine—I found a baby's lace cap in a box belonging to her aunt.
Cross-examined by MR. PHILLIPS. Q. Did you find her box open? A. Yes—she had lived with me three months and a fortnight—I have been out of town a great deal—we have a residence near Maidstone, and I am frequently there—I had a good character with her from her last place—we had no other female servants in town—I know the prisoner once picked up a sovereign and gave it to Mr. Parker—she said she thought it was done to try her.
COURT. Q. She said she had taken linen to make Mr. Smith's fronts? A. Yes—I sometimes have my linen out and lying about, but this could not be taken while it was out of the box, as the piece I lost the most from was one I bought to make my brother some shirts—I cut some off, and put the rest away—Mr. Smith is not here—his mother came and showed me one of the fronts, and said she thought it was made from my linen—Smith is still in our service—the prisoner was discharged by Mr. Parker for being insolent to some young gentlemen—I do not know what it was about, I never heard it—I know this muslin from having made some frills of some night-dresses of it—there may be plenty of this to be bought in Maidstone—I merely said it was mine from its being of the exact description of what I had been using—this bit may be worth 1d.
MR. PHILLIS. Q. Did you say to her, "If you don't confess I will prosecute you?"—No; I said it was the particular desire of Mr. Parker, if I found any thing, to give her in charge—I did not tell her in the presence of her mother that if she did confess I would not prosecute her—I did not see
her brother in the room—her mother told her to tell me the truth, and to beg my pardon—after that she stated that she took the linen, but not much.
THOMAS TREQUNNO . I am constable of Gillingham. I was fetched to the prisoner's mother's house—Mrs. Parker said the prisoner had robbed her, and taken some linen and other things—she gave her in charge—I went into the room, and Mrs. Parker asked the prisoner about some other things—she said, "I know nothing of them—the linen I took for the fronts, but not much"—she said Mr. Smith gave her a sovereign for the fronts—I saw this piece of muslin found—the prisoner said her sister gave it her.
WILLIAM BROOM CROS . (police-constable G 217.) I went to Elliott's-row, and saw a box, which Mrs. Parker pointed out as the prisoner's—I found in it this towel marked "Parker"—I suppose Elliott's-row is three miles from Mr. Parker's, in Shoreditch—I am not aware where the prisoner's linen was washed, or whether she would have occasion to send to Elliott's-row—this cap and waistband were found in the prisoner's aunt's box up stairs.
MR. PHILLIP. called
SARAH RUTHERFORD . My husband is a house carpenter—I live at Gillingham, in Kent—the prisoner is my daughter. I remember Mrs. Parker coming and making an accusation against her for stealing some linen—I was very much shocked and affected at the charge—I fell on my knees to ray daughter, and entreated her to admit it if she was guilty—before she made any admission, Mrs. Parker said if she would confess she would not prosecute her, and it was after that she made the confession.
JOHN RUTHERFORD . I am the prisoner's brother. I saw Mrs. Parker at my mother's—she said to my sister that if she would own to taking the linen, she would forgive her, and not prosecute her—my mother was on her knees crying at the time—I am sure Mrs. Parker said that, and then my sister told her.
NOT GUILTY .
RICHARD DUDDERIDGE . I keep a broker's shop in Ball-alley, Shoreditch On the 12th of November I missed two chairs from the basement of the shutters—they were safe at six o'clock, and gone at seven—I went to the station the next night, and saw them—those now produced are them—I know them by the marks of some old brass furniture which I took off them.
Prisoner. You said they were outside the door. Witness. No, they were on the sill that the shutters lodge on under the roof of the house—there is no window—the shutters extend to the ground, and when they are down the shop is open.
GEORGE TRE . (police-constable H 125.) I was in High-street, Shoreditch, in plain clothes, between seven and eight o'clock, on the night of the 12th of November—I saw the prisoner with these two chairs and this cushion—he saw me, and turned down a dark place—he began to run—I ran, and caught him in Swan-yard—I asked what he had got—he said "Two chairs," which a man in Whitechapel-road gave him as a pattern to get half a dozen, that he did not know the man, but he was outside a public-house door—this cushion belongs to the prosecutor also.
Prisoner's Defence. If I had wanted to escape I should have put them down; I was coming from the Docks, and saw a tipsy man; he told me to take these chairs, and if I could get any like them to go and tell him; if I had not found him I should have taken the chairs to the station; the policeman gave me two glasses of gin, he kept asking me where I got the chairs, and said he would let me go if I told him.
GUILTY.*. Aged 20.— Transported for Seven Years.
ELIZABETH BROKHES . I live in Cumberland-street, Chelsea, and am a laundress. I employed the prisoner at my house to iron—I missed a table-cloth and a sheet, which were in my care to wash—those produced are them.
WILLIAM MARSHAL . (police-constable B 171.) I apprehended the prisoner on this charge—she said she lodged at No. 45, Arthur-street, and I should find the duplicate of the table-cloth in her box—I went, and found the sheet on her bed, and the duplicate of the table-cloth—the pawnbroker gave it up—he is not here.
GUILTY . Aged 41.— Confined Six Months.
(There was another indictment against the prisoner.)
JAMES COULSON . I keep a marine-store shop on Saffron-hill. On the night of the 18th of November Boyd came to my shop with this piece of brass, weighing 4 1/2lbs.—I asked where he got it—he said he picked it up in Peter-street—I said that story would not do for me, I suspected he stole it—I locked the door, and put the key into my pocket—I sent my son for a policeman—Boyd then said he had a companion outside, would I let him in—I said, "No," that would be letting him out—the policeman then came and took Boyd—I told him there was a person outside—he went out, and returned with Bradshaw—both the prisoners were then taken—Brad shaw said at the station that he should lose his work, and that he worked for Mr. Southgate.
Cross-examined by MR. PHILLIPS. Q. Did you ask who his master was? A. No—this is the brass—it is in a lump.
SAMUEL JENK . (police-constable G 181.) I found Boyd in Mr. Coulson's shop when I got there, and saw this piece of metal—I went out, and found Bradshaw on the opposite side, twenty or thirty yards from the door, standing still—I asked him if he knew the boy in the shop—he denied it at first—I asked him to go over the way with me to see if he knew the other boy—he went, and they seemed to know one another after being in the shop, but at first Bradshaw said he did not know Boyd—Boyd said at the station that he should lose his work—they both mentioned Mr. Southgate as their master.
employ, and had access to where this was—any person on the premises could get to it.
Cross-examined. Q. What is this article? A. The top of a glazing machine—it is not broken—it is worn out—it has not been tossing about the premises—it was in a cupboard—I never said to any of the young men there that these were useless, and if I were in their place I would sell them, and they were fools for not doing it—I never said so in the presence of Cart wright.
MR. PHILLIP. called
COURT. Q. What do you call brass? A. This rod round the witness-box is brass—there is no appearance of any mixed metal with it, as for as I know—it is a genuine distinct metal of itself.
MR. PHILLIPS. Q. Can you tell us what brass is? A. Copper and zinc mixed, and run in a mould—if you want another cast made, and had nine or ten of these, you would put them in a mould, and they would make a new casting.
ROBERT SMART . I have been in the general trade, but I am not in business at present—this article is not brass, but a mixed metal, which is called cock-metal—brass is made of copper, zinc, and some pewter—this metal is more brittle than brass—I have no doubt I could break this with a hammer, but I could not break brass—this has more zinc in it than brass has—it would not sell for brass in any marine store-shop—they do not give so much for it as for old brass—I should think this would not be called brass in the trade.
CHARLES CARTWRIGHT . I am in the employ of Mr. Southgate. I have seen links of old chain, and various pieces of metal tossing about the place, but not such as this—I and Bradshaw had to clean out a press hole at one time, and Bell gave us leave to sell some old metal there was there, to get ourselves beer.
(The prisoners received good characters.)
BRADSHAW.— GUILTY . Aged 17.
BOYD.— GUILTY . Aged 17.
Recommended to mercy by the
Jury.— Confined One Month.
JOHN BEVANS GILES . I am a stationer, and live at Smithfield-bars. I was standing at my door on the afternoon of the 26th of November, and saw the prisoner behind an old gentleman, who was passing—he took a pocket handkerchief from the gentleman's pocket, and whipped it into his own—I collared him, and took the handkerchief from him—I sent for the old gentleman—he came back, but said he had not nerve to go before a Magistrate—I do not know who he was.
Prisoner. I beg for mercy.
GUILTY . Aged.— Confined Six Months.
HENRY CHALLIS . I live in Chelsea-market, with my father, Thomas Challis. On a Saturday in August, I met the prisoner in Grosvenor-row—she said, "How do you do, my dear?"—I said, "Very well, thank you"—she said, "You have been out with your father's goods?"—I said, "Yes"—she said, "Have you got any money?"—I said, "Yes"—I took out of my pocket a half-crown and a sixpence—she said, "Give it to me, you should never put it in your pocket, you should always put it in your bosom," and she pretended to put it in my bosom—she said she was going to my mother's—she took me down Ranelagh-row, and then she said, "Never mind, as I have seen you, I will come down to your mother and aunt in the afternoon, and here is a penny for you"—I went home and found I had no money—my waistcoat was buttoned up, so that it could not have fallen out if she had put it in—I had seen her once before—I am sure she is the person.
Prisoner. I never saw the boy.
NOT GUILTY .
ELIZABETH PROCTOR . I am seven years old—I go to school, and have been taught the Lord's Prayer—I know it is wicked to tell a lie—I live with my parents, in White Lion-street, Chelsea—I met the prisoner at the top of George-street, in Sloane-street, three weeks ago last Monday—she asked me how my father and mother, and sister were, and said she would give me some apples and pears, and a pair of green boots—she said her mother was just round the corner—I went a little way with her, and she gave me a farthing cake—she took me up and carried me—when we were next door but one to the Dispensary in Sloane-street, she unlaced my boots and took them off—she then went away, and said she would be back in a minute, and bring me a pair of green boots—I went home without any boots—while she was with me I met Maria Smith, and she asked the prisoner if she would let me go home with her—the prisoner said as she had brought me out she would take me home.
Prisoner. I do not know any thing about the child.
MARIA SMITH . I am single, and live in Three Crown-court. I met the prisoner leading this child three weeks ago last Monday—I asked her if she would let me take her home—she said no, she had brought her out, and would take her home—the child was then walking, and the prisoner had hold of her hand—I am quite sure the prisoner is the person—I knew her before—I spoke to her, and she to me—she went to school where I did.
JONAS PROCTOR . I live in White Lion-street, Chelsea. On that Monday I sent out my daughter to Sloane-street, on an errand—she had a pair of boots on—she returned crying without them, and said a woman took her boots off—I asked her if she saw any one she knew—she said yes, she saw Maria Smith, and that led to the prisoner being apprehended.
GUILTY . Aged 17.— Transported for Ten Years.
(There was another indictment against the prisoner, and eight other charges preferred before the Magistrate.)
Sixth Jury, before Mr. Sergeant Arabin.
JOHANNA SULLIVAN . I am single and live in Feathers-court, Gray's-inn-lane. I have not known the prisoner long, but I took her in out of charity—she left in a week, and went to a place as she said, but she came back on the Saturday—I then went to sell my fruit in the street and left her the key of my room—she said she would go to bed—I was asent till eleven o'clock at night—when I returned, the door was locked—I broke it open and missed the articles stated—these are them.
MARY REDMAN . I am the female searcher at the station. On the 24th of November, I was sent for to search the prisoner—I found a pair of stockings, and a handkerchief, and four duplicates dropped from her clothing on the bench—those duplicates led to the pawnbroker.
Prisoner's Defence. When I did it I was the worse for liquor.
GUILTY . Aged 24.— Confined Three Months.
ANN MENDOZA . I am the wife of Michael Mendoza—the prisoner was in our service for about nine weeks before this happened—I missed money out of my drawer for some time, and in consequence of that, I marked eight shillings and one half-crown on Thursday the 12th of November, I put them into a box in the bed-room drawer, which I had lost some sovereigns from before—I locked the drawer, came into the kitchen and sent the prisoner with the children to school—she returned from the school and said there was a customer in the shop, and I had better go and serve—I did so—I then came up again, and said I was glad she had told me—I then went to the box and missed one shilling—I took no notice of it—about twelve o'clock she told the apprentice that I was taken ill, and she was washing out a bottle to get something for me—I told the boy to watch her, which he did, and from what he said I went out and got a policeman—I went to a public-house which the boy had seen the prisoner go into—the landlord took a handful of silver from the till, and among it was a shilling I had marked—I went back and accused the prisoner of it—she said she had opened the drawer—I asked how she had done it—she said it was with the carving knife—this is the shilling (looking at it.)
GEORGE JOHN CLARK . I keep a public-house—some young woman came that morning—she purchased something, and paid me a shilling—Mrs. Mendoza came afterwards and picked one shilling out from the rest of the silver.
JOSHUA GEORGE BON . (police-constable H 193.) I went with Mrs. Mendoza to the public-house—Clark took out a handful of silver, and this shilling was amongst it—I then went to Mr. Mendoza's, and saw the prisoner—she acknowledged that she had opened the drawer that morning and taken a shilling.
GUILTY . Aged 16.— Confined Three Months.
JAMES SWANN . I am a currier. On the 20th of November, about one o'clock in the night, I was in Kingsgate-street, Holborn, and went into a public-house to have some refreshment—I saw the prisoner and another—they asked me to give them something, which I did, and as I came out I tripped and fell with the skirt of my coat in the gutter—I took my hand-kerchief out to wipe my coat, and the prisoner took my handkerchief out of my hand and ran off—I pursued, and a young man took her—I saw my handkerchief found in the course the prisoner had run.
RICHARD ETHERIDG . (police-constable F 163.) I heard the cry of police, and saw the prisoner running—she was stopped, and said, "I have not got it"—I said, "What?"—she said, "the handkerchief"—I said, "What handkerchief?"—she said, "The man's—there it is, he has dropped it"—I took it up.
Prisoner. He took me into a bad house; I asked what he was going to give me; he said, 2s.; I said, "Give me your handkerchief till you give me the money"—he would not—and I went away with it.
NOT GUILTY .
SAMUEL FITZPATRICK . I was standing opposite Mr. Clark's shop in King David-lane, Shadwell. On the 21st of November, the prisoner came by and made a full stop, took up a piece of pork with her right hand, put it into her left, and cut across the road down a turning—I called Mr. Clark—he ran and caught her.
(The prisoner received a good character.)
GUILTY . Aged 30.—Recommended to mercy.— Confined One Month.
JAMES HORNESBY . I am in the service of Charles Henry Harben, a cheesemonger, in Tothill-street, Westminster. On the 24th of November I saw the prisoner pass the shop—he reached in at the window, and took a piece of bacon—I followed, and took him, about half a dozen doors off—I brought him back, and took this bacon from him, which is my master's.
(The prisoner received a good character.)
GUILTY . Aged 15.— Confined One Month.
TIMOTHY THOMAS . I am a draper, and live in Tabernacle-walk. On the 24th of November, between four and five o'clock, I was serving a customer, and heard a cry of "Stop thief"—I went out and pursued the
prisoner who had this piece of cloth—he was taken—the cloth is mine, and had been inside my shop—there are 15 yards of it.
Prisoner's Defence. I was looking for work and was taken—there was no cloth found on me.
GUILTY . Aged 21.— Confined Three Months.
CHARLES WHITEHEAD . I am the son of John Whitehead, a shoemaker at Haggerston. On the 25th of November, about half-past eleven o'clock, I was in the back parlour, and saw the prisoner in the shop (I had not seen her come in)—she went to the shelves, and took two pairs of boots, put them under her shawl, and walked out gently—I followed her about 100 yards, and told a policeman—he took her to the station, and these boots were found on her—they are my father's—she said she brought them from Paddington.
Prisoner. I had a little to drink, and not being accustomed to it, it made me quite delirious.
GUILTY . Aged 46.— Transported for Seven Years.
JOHN MUSSELWHITE . I am a milkman—the prisoner is in the same trade—I occasionally supply him with milk—having several times lost milk out of my pails, I directed a policeman to watch. On the 24th of November, I left my pail at the corner of Sloane-street, at a little past four o'clock—I was absent about three-quarters of an hour, and when I returned I missed from it two pints and a half of milk.
WILLIAM PRINCE . I am a policeman. I saw the prisoner go and take five measures of milk out of the prosecutor's pail—I went from the other side of the way, seized him, and asked who he belonged to—he said to Mr. Musselwhite, and he worked for him—I took him to the station—he begged me to let him go, and acknowledged he did not belong to the prosecutor.
Prisoner. I intended to pay—I bad had milk of him before.
JOHN MUSSELWHIT . re-examined. He had dealt with me, but had ceased to do so for a month—I told him I should not be able to spare him any more—I then began to miss milk—he never took any without my being present.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined One Month.
TIMOTHY CLARIDGE . I am a marble-turner, and live in Somers Town. I met the prisoner in Holborn, on the 23rd of November, about two o'clock in the morning—we got into chat, and walked on to Russell-square—I then got talking to her against the rails in the square—I felt her drawing her hand out of my right-hand trowsers pocket—I felt in the pocket, and missed four half-crowns, which I had there—I seized her hand, and said
she had robbed me—she denied it—I called the policeman, who found it in her hand—I had been drinking more than did me good, but knew what I was about.
RICHARD COOPE . (police-constable E 46.) I was acting jailor at the station—about two hours after the prisoner was brought in, she got into conversation with another prisoner, and said, "The policeman took the four half-crowns out of my hand, and faith I did take it."
GUILTY . Aged.— Confined Six Months.
JOSEPH WORLAND . I drive a wagon from Cambridge. On the 18th of November I came to London—I went home with the porter—the prisoner was there, and I went home with her to sleep—I had a sovereign and a half in one purse, in my watch-pocket—what silver I had in my other purse, I could not tell—I gave her 2s.—we both got up the next morning about seven o'clock—we went to a public-house with the porter, and had something to drink—I was telling the porter that the prisoner had got up in the night, but whether she took any money, I could not tell—he said, "You should mind that, look and see"—I then missed the sovereign and a half—I said to the prisoner, "You have taken a sovereign and a half"—she denied it—I said I would have her locked up—she then said she took 1s. 6d. out, but she would not own to the sovereign and a half—when she was at Worship-street, I said to her, "You must be a silly girl not to give me the money"—she then owned that she had had it, but I had said if she would give me the money, I would not appear against her—I am sure the money was safe in my watch pocket, when I went to bed.
FRANCIS WHIT . (police-constable H 103.) On the 19th of November I was on duty at Spitalfields station, the prosecutor came to make his complaint, and the prisoner followed him to the station—he accused her of this—she said, "Lord love your soul, don't lock me up, I only took 1s. 6d."—when I was going to lock her up, she said, "Tell him, if you don't lock me up, I will give it him"—I said, "How can you give it him if you did not take it?"—she then said she did not take it.
Prisoner's Defence. He gave me 2s.—the next morning he said he had lost a sovereign and a half—he went back to the room, and I found 1s. 6d. on the carpet—I said at the station, I had only the 1s. 6d., and if I gave it him, would he come against me?
NOT GUILTY .
ROBERT SIMPSON . I am a broker, and live in Queen-street, Pimllco. The tea-tray produced, was brought to my house on the 23rd of November, while I was at tea, and it was stolen from my door—I afterwards saw the two prisoners and another going into the Nell Gwynne public-house in Grosvenor-row.
other goods—there was another woman with her, but I do not think it was Mullins.
Mullins. The tray fell against me in the public-house.
NOT GUILTY .
SARAH TOWNE . I keep a china shop in Seabright-place, Hackney-road On Saturday last, about half-past two o'clock, Mr. Brown brought in Pepperell, who had eighteen of my plates, which were safe on a shutter under my window three minutes before—he left Pepperell in my custody, and went out after some others—Pepperell cried very much, and begged to be set free—White was then brought in—I knew him well by having seen him about my place a great deal, and I have often told him if he did not go about his business, I would call the policeman—the plates produced are mine.
Cross-examined by MR. DOANE. Q. Had Pepperell his apron over the plates? A. Yes.
ISHMAEL BROOM . I am a tailor—I live next door to the prosecutrix. About half-past two o'clock that day I was sitting, on my shop-board, and saw the three prisoners come to the prosecutrix's shop, all together—they then made a sudden start, and went away—White and Pepperell returned—White reached over some jars, and got these plates out—Pepperell received them of him—Harrod was about eight or nine yards off—Pepperell put his apron over the plates—I took him, and told the prosecutrix—I then went and took White.
STEPHEN MANSFIEL . (police-constable N 288.) I went to the prosecutrix's shop, and found White and Pepperell there, and these plates on a chair—Harrod was a short distance off, and I went and took him.
(Harrod and Pepperell received good characters.)
HARROD.— GUILTY . Aged 16.— Confined Three Months.
PEPPEREL.— GUILTY . Aged 18.— Whipped.
WHITE.— GUILTY . Aged 13.— Transported for Seven Years—Convict Ship.
JOHN ARCHE . (police-constable G 150.) I fell in with the prisoner on Thursday evening last, about seven o'clock, in Field-lane, with this lead—I asked what he had got—he did not speak—I took hold of it, and found it was lead—he then said he had got it from his mother—I took him towards the station, and met Barton, who took him, and I took the lead—I have since fitted this lead pipe to where it was cut off at the prosecutor's house—I have no doubt it came from there.
it, with the officer—I have no doubt it is mine—it was taken from the wall in the cellar—he must have got into the house.
Prisoner's Defence. It was given to me to sell.
GUILTY . Aged 17.— Confined Six Months.
ELIZABETH ALFORD . I was charing at Mr. John Brown's, in Upper George-street, Edgeware-road, on the 26th of November—the prisoner and another man called there as dustmen to take the dust, between twelve and one o'clock—I saw the other man take up this grating, which was under the area steps, and put it on the prisoner's shoulder—I told them it was Mr. Brown's, and they said the footman had given them leave to clear all out—I called the footman, who said he had given no such leave, and they must not take it—the footman then went up stairs, and I went into the kitchen—in about a quarter of an hour Miss Holloway and I were standing by the kitchen fire, and saw them taking the grating on their shoulders again—I ran up stairs to tell the footman—he came down, but they were gone, and had left their cart at the door.
Prisoner. What she says is false—I never took it at all—I was in the dust-hole.
CAROLINE PEARCE . My husband is a coach painter, and I keep a marine-store shop—the prisoner brought this grating to my place—he said he had to clear out the dust, and I need not be afraid to buy it—I bought it, and the officer found it at my place.
Prisoner. It was the other man—I did not take it at all. Witness. It was you.
GUILTY . Aged 40.— Confined Three Months.
ANN MOORE . I keep a cutler's shop in Tottenham-court-road. On the 26th of November the prisoner came to my shop to buy a sixpenny knife—I went to get it, and as I turned quickly I saw him take something off the counter—I said, "You have taken something—put it down"—I laid hold of him, but he got from me, and ran into the street—he was brought back by Mr. Williams with these twelve forks of mine which had been on my counter.
WILLIAM WILLIAMS . I live next door to the prosecutrix—I heard a cry of "Stop thief," and saw the prisoner running at some distance—I followed—when I got within about ten yards of him he dropped these forks—I took them up, pursued him, and took him in the next street—I had lost sight of him for a moment, but I am sure he is the person.
GUILTY . Aged 15.— Confined Three Months.
VALENTINE BUNTER . I am a butcher, and live in Middle-row, St. Giles's. On the 26th of November, about seven o'clock in the evening, I saw the prisoner, as he passed the shop, take a piece of beef from the board, and put it under his coat—he walked off—I followed, and took it from him—I asked him what he did it for—he said he did not know—he was hungry.
GUILTY . Aged 17.— Confined One Month.
OLD COURT.—Monday, November 30th, 1840.
First Jury, before Mr. Recorder.
203. JOHN BEST CAMERON . was indicted for stealing, on the 7th of November, at St. Faith under St. Paul, in the dwelling-house of George Hitchcock and another, 1 box, value 12s.; 1 flute, value 10s.; I writing-case, value 4s.; 1 watch-guard, value 10s.; 6 printed books, value 1l. 5s.; 9 handkerchiefs, value 16s.; 6 shirts, value 2l.; 1 coat, value 2l.; 1 waist-coat, value 12s.; 1 pair of trowien, value 15s.; 5 pairs of stockings, value 5s.; 1 brush, value 1s.; 1 card-case, value 1s.; 4 night-caps, value 2s.; 1 purse, value 1s.; and 1 promissory note for the payment of 100l., with interest; the property of James Waterman.
JAMES WATERMAN . I lodge at the Red Cross, Newgate-market. I was in the service of Mr. Evans, a linen-draper, in Tottenham-court-road, in April last—the prisoner was my fellow-servant there in the business—we both left the employ at the same time—I went into the service of Hitchcock and Rogers, in St. Paul's Church-yard—it is in the parish of St. Faith, City—they occupy the whole premises—the shopmen sleep on the premises—I left Hitchcock's on Friday, the 6th of November—I left my box behind—it was locked, but not corded—I slept there on the Friday night, and left the house the following morning, leaving my box locked in me bed-room—on the afternoon of the same Saturday I met the prisoner about one o'clock—I had seen him once or twice at Hitchcock and Rogers's visiting Mr. Talbot—I had shaken hands with him when I had seen him there, and spoke to him—when I met him on Saturday I told him I had quitted Hitchcock'a—he asked me if 1 had left altogether—I replied, "No"—that implied that my box was not brought away—it is customary for young men to leave their boxes behind, and any young man in the trade would know from that answer that the box was still there—it is left there for safety till we have another situation, for a week or so—he asked me where I was staying—I did not tell him—I had got a lodging then at the Red Cross, where I am now staying—I slept there on the Saturday, and on Sunday morning I went to Hitchcock's to dress myself, and found my box was gone—it contained the 100l. note, and the articles stated—this is the note—(produced)—it bears interest at 3 per cent.—it is on the North Wilts Banking Company—in consequence of missing my note, I obtained the address of the prisoner from Miss Smith, who lived at Hitchcock's—it was Greenland-grove, Cromer-street—I went with John Dear, a policeman,
and found the prisoner there—we made but a slight search, and none of my property was found there—the prisoner said he was surprised I should come to search his house, and declared he knew nothing about the box—when we were about to leave he said he had a good mind to follow me, to see what had given me suspicion—this was on the 8th—on the 9th I went to Mr. Gill, a pawnbroker, in Wilmot-street, and saw six shirts and one silk handkerchief which had been in the box when I lost it—on the evening of the same day the prisoner was apprehended in Cromer-street, between four and five o'clock, close by his own home—I gave charge of him—he was taken to Mr. Gill's, who said directly he saw him, "That is the man"—the prisoner asked Grill if he was certain, and at the same time took off his hat, and moved his wig a little—(he has a wig on now)—Gill said, "Yes, you are the man"—I believe he said so more than once—before we got into the shop, I said to the prisoner, "You know this shop, do you not, Cameron?"—he said, "I do, I have been here"—next morning, the 10th, I went to Hitchcock's about twelve o'clock, and found my box was returned—it was down in a place called the Dock, where goods are delivered—it was corded but not locked—I had left it locked but not corded—there was in it a few pain of stockings, night-caps, and small articles—the principal part of the contents were gone—a youth named Ray, who attends to the dock, pointed out my box to me—(I bad made a complaint at Hitchcock's of the loss of my box on Sunday morning as soon at I missed it)—there was a paper on the box which there was not when I lost it—I think it was stuck on—I am not acquainted with the prisoner's handwriting—I have got a letter which I received—it has passed through the post, but I do not know the hand-writing—the 100l. note was enclosed in it—this was after I had apprehended the prisoner—I believe the letter was sealed when I received it—I opened it immediately without looking at the seal—I looked more at the note than the letter—there was no writing inside the letter—it was directed "Mr. Waterman, at Hitchcock and Rogers's, St. Paul's Church-yard"—I should think the box and property, without the note, was worth 10l.—I am sure they exceeded 5l.—the partners in the house are George Hitchcock and Frederick Rogers.
Cross-examined by MR. BODKIN. Q. Are the premises very extensive? A. They are—they employ about a hundred people, young men chiefly—I brought the note from the country with me—I had been three months at Hitchcock's—I had not shown it to one of the people of the house—I have taken it out of the box, but never when other people have been by—it was not known to any body in the house that I had the means of getting 100l. if I wanted it—I got it from my father in the country—I do not recollect any young men leaving the same week as I did—I told the Magistrate I made a search at the prisoner's—I do not think I used the word "slight"—the prisoner took me up into the room which I searched—his wife took me into another room, and showed me a box which I also searched—I know the prisoner had been unwell—I do not know that he left a situation in consequence—I do not know that he wore a wig in consequence of that illness—I had seen him in a wig before I saw him on the Saturday—I do not know whether he wore a wig when we lived together.
COURT. Q. When you went to his place, was his person searched? A. I believe not—I did not hear him request to be searched.
were pawned with me—I think it was from ten to eleven o'clock, or about eleven—I am not quite sure of the hour—they were pawned in the name of James Waterman, No. 29, Brunswick-street—the person had on a black coat, which I believe was buttoned round him—he said they were his own property, and said, "You will find them marked with my name"—I do not know that he said, "They are mine"—I found the mark of "Waterman" in full on them—they are marked "J. W." with a needle, and the rest in ink—I did not look at the handkerchief, but I see it is marked "Waterman" at full length—I did not notice the person's features particularly—I had no further conversation with him—there was no mention of an Irishman or Scotchman—(looking at his deposition)—this is my handwriting—it was read over to me before I signed it—I noticed his voice—I saw him on the following Monday, and recognised his voice—he was brought into my shop, and it was said, "Is this the man?" or something—I cannot be sure whether any body spoke before I spoke, but they brought the man to me to recognise, because I had described previously his figure to them as near as I could—he had on a different coat when brought to me to what he had when he brought the articles—I told them I believed he was the man—he said he was not—I think I addressed myself to him, and said, "I think you are the man"—I said, "I believe you are the man"—I said to him, "You are dressed very differently to-day to what you were on Saturday," and I think I said, "But I know you by your voice more than by your features"—on the Saturday evening I had noticed that he spoke something like an Irishman—he said, "No, I am a Scotchman"—on the Monday he had a coloured coat with gilt buttons—on the Saturday the person had a hat on, and on the Monday he took his hat off, drew his fingers through his hair, and said, "You will mind that I wear a wig"—I repeated my belief that he was the man—I told him I should be very sorry to say he was the man unless I had a belief of it.
Cross-examined. Q. He was brought to you in custody? A. Yes, and my attention directed to him—I said, "I think you are the man," or words to that effect—I will not be sure to the very words—I think I said at Hatton-garden, "When he was first brought to me I said, I think you are the man"—I used words to that effect—I might have said so—(the witness's deposition being read, stated—"I had had no previous knowledge of the prisoner; on the afternoon of the 9th instant the prisoner was brought to me, and when I first saw him I said, "I think you are the man.' I said, 'I should be very sorry to swear to you on light grounds, how I know you principally is from your accent, from your voice; I remarked, when I was first serving you, you had a dash of an Irishman about you;' and then the prisoner said, 'No, I am a Scotchman.' On the Monday he was dressed in a gilt-button coat. Though I believe the prisoner to be the man, I have some doubt about his features")—That is what I said before the Magistrate—it is true in effect—(looking at three duplicates)—I know one of these, but two of the articles were pawned by a female—one was pawned in the name of John Cameron, but not by the prisoner—one of these was pawned by the prisoner on the 7th of October—I took it in, and recollect him perfectly well—that is in the name of John Cameron, Greenland-grove—I did not take in the other pledges—one of them is in the name of Janet Cameron, and one Ann—they all bear the same address.
COURT. Q. How was the prisoner dressed on the, 7th of October? A.
I cannot answer for the colour of his clothes, but this I can answer, he was much smarter dresssd on the 7th of October than the person was on the 7th of November—I remarked to him on Monday, the 9th of November, about his being so much more smart than he was on the Saturday previous—I mean he was smarter on the 7th of October—he was then dressed very smartly—on the 7th of November he was not smart, for I remarked to him on Monday, the 9th, that he appeared on Saturday as though he had been in business the whole day, and I said to him, "Now you have been recently dressed, you are much smarter"—he said, "It is not long since I dressed"—I cannot recollect the colour of his clothes on the 7th of October, but I noticed to myself that he was a gentlemanly young man—I had no conversation with him on the 7th of October beyond what business required, only a few words.
Q. Did you notice his voice then? A. I have forgotten his voice—I am quite clear it was the prisoner I saw on the 7th of October—I recollect his person—I saw him on the 9th.
Q. How does it happen that on the 7th of November (if he is the same person) you express a doubt, when on the first and last occasion you have no doubt about him? A. I can only account for it by his standing one back at the counter—there was a person before him, and I was very busy on the 7th of November—he was in the front shop, not in the boxes—I had a shopman there—he is not here—he was, perhaps, not more than five minutes in my view on the 7th of October—I think he must have been that time—I cannot recollect how many minutes on the 7th of November, but not long—when I saw him on the 7th of November I did not recognise him as the person I had seen on the 7th of October—I think I saw less of his person, and heard him speak more—I noticed his voice more, and his person less, than on the 7th of November—I must say I do believe him to be the man.
SAMUEL LARTER . I am a porter, and live in New-street, St. Giles. On the 7th of November, about a quarter or twenty minutes after six o'clock, I was standing to be hired at the pitching-block opposite the Old Bailey—the prisoner came and asked me if I had got a job—I said "No"—he asked if I would go and bring his box—I said, "Yes, if you please, sir"—he gave me a paper to go to Hitchcock and Rogers, in Paternoster row, and bring the box, and told me to bring it to the Plough public-house, in Giltspur-street—he told me there was a hat-box, but I need not bring that—he asked what he was to give me—I said I would leave it to him as a gentleman—I delivered the paper, at Hitchcock's private passage, to the man who answered the bell—I waited more than half an hour—I went up stairs with Leeds, the porter of the house, for the box, and took it to the Plough—I got there about seven o'clock—I do not know the precise time—I waited at the Plough till past eight—after eight a boy came and told me I must go down to the Angel inn, in Farringdon-street, directly, as the gentleman was engaged with a party of gentlemen, and could not come himself—the boy accompanied me to Farringdon-street—I found the prisoner there, standing outside a cab, on the pavement close to the cab—he told me to put the box inside the cab—he said he was sorry he had detained me so long, but said, "I suppose, my man, that will satisfy you," giving me 1s.—I put the box into the cab, and left—I do not know what became of him—on the 9th of November I went to Hunter-street station with a policeman, and saw the prisoner there—I did not
know him that night, being differently dressed, but he is the man who engaged me—I could not swear to him that night—he was dressed in a bright-buttoned coat, and on the 7th he had a black coat on—when I saw him at the station I said I should be sorry to swear to him, I should be sorry to swear wrongfully, but I was confident when I saw him by daylight that he was the man—I am sure at this moment that the prisoner is the person who hired me to take the box, from his features—I heard him speak before the Magistrate, and I recollected his voice—there was plenty of light against the door of the Angel at the time he paid me the shilling—I saw his face at the time he gave me the shilling—there was light at the Pitching-Block, and I saw his features there—I recollect the features of the person who addressed me there—I have no doubt at all of the prisoner, I am confident—I only heard him speak at Hatton-garden—I heard him speak in the office—I knew his features, and I heard him speak at Hattongarden, and he is the same man—being dressed differently when I saw him at the station-house, I could not identify him that night—I do not know that I said I believed he was not the man—I cannot say I did not.
Cross-examined. Q. You now have not the slightest doubt about him? A. I am sure he is the man—I know him by his features and by his voice—it was Whicher who took me to Hunter-street station—I believe he told me I was going to see the man that had hired me on Saturday night—I cannot be positive whether he said so or not—I will not swear he did not—I was a very short time at the station-house—I cannot say how long—there was a light there—I looked stedfastly at his face, but his dress prevented my recognising him—I came out of the station without recognising him—I will not swear I did not say he was not the man—I do not know whether I did or not—when I got a little distance from the station I recollected myself, and knew he was the man, and had a great mind to go back—I saw him in another dress on the Tuesday—a black coat was put on him at Hatton-garden, and then I was sure of him—it was the change of the coat made me recognise him, and his features I recollected when I saw him at Hatton-garden—I do not know that I ever said there was nothing in his voice which I remembered or noticed—(looking at his deposition)—this is my name—I do not recollect any thing being read over to me—I saw a gentleman writing—the paper was read, and I signed this—(the witness's deposition being read, stated, "There is nothing about his voice that I can swear to, but I am sure he is the gentleman.")
Q. Now, you swore before the Magistrate that there was nothing in his voice by which you could swear to him, and you say to-day you know him by his features or voice; which is true? A. I do know him by his features, and I know him by his voice, asking me to go for the box, and at the cab—I have not seen him since he was examined.
COURT. Q. After you were examined were other witnesses examined? A. Yes, I remained in the office—the prisoner spoke, I believe, after the witnesses had been examined—I heard his voice—I was sure he was the man before I left the office.
JOHN WINN . I am a cab-driver, and live in Cadbury-place, Globe-road, Mile-end. On Saturday, the 7th of November, I had a cab, No. 1099—a little after eight o'clock on that Saturday evening, I was hired by the prisoner—I recollect his person perfectly—I was on the rank in Farringdon-street, sitting on my cab—he told me to go round by the
Angel, which I was almost opposite—I did so, and he said, "Wait a few minutes, I have got a box coming"—Larter came with a box on his knot—the box was put inside the cab, and the prisoner got in—he ordered me to stop at the corner of Hatton-garden, which I did, and another youngish man jumped into the cab, with the prisoner—the prisoner ordered me to Rathbone-place, and up Charlotte-street—I pulled up at the corner of the street, and both got out there—the prisoner paid me 1s. 6d., and I left them with the box on the pavement—I saw the prisoner at the office—he was dressed in a black coat when he took me off the rank—I saw the coat changed at the office—when I saw him in the other coat, I said I had rather see him in the one he was in when he took me off the rank, the black coat—a black coat was put on him, and I then had not the least doubt of him—I was quite certain of him before the coat was changed, but I wished to see his coat changed, I wished to see him the same as he was before—the person who got into the cab in Hatton-garden appeared to have on a gilt-buttoned coat—he was nearly the same size as the prisoner—I am now clear as to the prisoner having hired me—I heard of the loss of the box on the Wednesday.
Cross-examined. Q. How many days elapsed from the Saturday you speak of till you went to the station, and saw the prisoner? A. I saw him at Hatton-garden on the Saturday following—I had been driving my cab in the interval at night, not in the day-time—I am obliged to take particular notice of gentlemen getting in, for we very often get deceived, by other gentlemen wanting to get in, after we have set one down—the officer took me to Hatton-garden—he told me I was going to see the man that had hired my cab on the Saturday before—he did not tell me there was a black coat there—I saw a black coat in the office—I am certain the prisoner is the person, and that he is the one who hired me—I never had a doubt about it—(looking at his deposition)—this is my signature—I wrote it after this was read over to me—(The witness's deposition being read, stated, "Before I saw his coat changed I was not certain whether it was him or the other person, his companion, that hired me. I cannot say I should know his companion; his companion had a coat with gilt buttons; I am sure the prisoner is the person that hired me")—I said before the Magistrate that the person who hired me had whiskers on, and the other man had not—to the best of my knowledge I did not use the words that have been read, nor any thing to that effect—I said I had rather see him in the same coat.
JAMES LEEDS . I am in the service of Hitchcock and Rogers, in St. Paul's Church-yard. On Saturday, the 7th of November, the porter, Larter, brought a note, which I delivered to Mascal, for Mr. Talbot, who it was directed to, and who is an assistant in the house—Mascall undertook to deliver it to Mr. Talbot—Larter told me he came for Mr. Waterman's box—Mascal said, "Oh, he is come for the box, do you know the box?"—I said I did not—a young man standing by described it to me—I went down to tea, and on coming back, I found Larter still waiting—I took him up stairs with me, and delivered him the box—he was kept there about half an hour or more.
JOHN TALBOT . I am in the service of Hitchcock and Rogers. On the 7th of November a note was delivered to me, I cannot tell what I did with it—it got out of my hand somehow or other—I made a good search for it on the Monday morning, but was not able to find it—I took down one of the handbills of the concern, and wrote something on it, and gave that
paper to Mascal—in the course of Sunday afternoon I heard of the box being missing—I went that same night to call on the prisoner, at his lodging, near Judd-street—I do not know the name of the street—I was never there before—I was told by Waterman that he lived in Judd-street, and I went with a witness, who is here—I inquired at several places, and was told at a baker's shop where he lived—I saw the prisoner—as well as I recollect, he said, respecting the note, Mr. Waterman had told a young man at Evans's, of Tottenham Court-road, where he formerly lived, that he had a 100l. note—a 100l. note had been mentioned then, it was the subject of conversation at the prisoner's house—the prisoner had called on me some days before at Hitchcock's—I did not see him on the Saturday.
TIMOTHY WRAY . I am in the service of Hitchcock and Rogers. On Tuesday, the 10th of November, between eleven and twelve o'clock in the morning, I took in a box, which came by the Parcels Delivery Company—a boy brought it—it had the ticket of the Company on it—I had 1s. to pay for it—it was afterwards claimed by Waterman—(produced)—this is it.
ELIZABETH EMERY . I am the wife of Robert Emery, and live in Stanhope-cottages, St. Pancras-fields. On Saturday, the 7th of November, I was in the shop of Mr. Gill, the pawnbroker—to the best of my knowledge it was between nine and ten o'clock—I saw the prisoner there—he put a bundle on the counter while I was waiting for an article which I went to fetch—the bundle contained six shirts, and he asked a sovereign for them—he was offered 16s., but what sum he got I cannot say—I am positive he is the same person—I cannot say how he was dressed—I heard his voice—on the following Monday afternoon I was there again, about five o'clock, and saw the prisoner there with the prosecutor and Whicher, the officer—I knew him the moment I saw him—when the officer was gone I spoke to Mr. Gill, but he did not make me any answer at the time—I did not say any thing while the parties were there.
Cross-examined. Q. Had you been at Gill's shop before the Saturday, pawning things? A. Yes, occasionally—there were not so many people there as I have seen at other times—there were perhaps seven or eight—I was there about a quarter of an hour or twenty minutes—I cannot say whether the person left the shop before or after me—I stood next to the counter—the person stood to the left of me, not next to the counter—he was behind another person who stood level with me.
Q. Have you ever said that the prisoner when he pawned the things on Saturday night had on a blue coat with brass buttons, and a full-frilled shirt? A. I never said any thing about his clothes on the Saturday night—I said he had a coat on which, to the best of my knowledge, looked like blue, with gilt buttons, and a frilled shirt, but I said that was on the Monday—I said nothing about his clothes on the Saturday—I never said I did—I did not notice whether he had whiskers or not—I do not think I was pawning any thing on the Monday—I cannot exactly say what I was there for, but I was there—I think it was to pawn something—I did not hear a good deal of conversation between the prisoner and the others—only Mr. Gill said, "I believe you to be the person"—I did not hear a conversation as to whether he was the person or sot—there was very little said—the
conversation might last about three or four minutes—I first went before the Magistrate as a witness last Monday—I believe it was the third examination—the officer brought me a paper on the Saturday night that I was to go on Monday to Hatton-garden—that was all he said—I went by myself—I found the prisoner at the bar when I got there—I had not heard of the prisoner being taken until the officer brought me the paper—I had been to Mr. Gill's on the Thursday after the Monday—I might have been oftener—I do not know.
JONATHAN WHICHE . (police-constable E 47.) I searched the prisoner's lodging on the 9th of November, and found fifteen duplicates and a black coat—the duplicates have nothing to do with this case—the black coat was taken to the office, and put on the prisoner—it appeared to fit him—the witnesess saw him in that coat—Hitchcock's house is in the parish of St. Faith, under St. Paul, that part which the box was in.
EDWARD MASCAL . I am in the service of Hitchcock and Rogers. On the night of the 7th of November a paper was put into my hands—it was written in ink or pencil—I believe Larter to be the man who gave it me—it was addressed to Mr. Talbot—I gave it to him—I know what was. on it—it purported to be "Deliver to the bearer my box—signed G. or J. Waterman"—I saw the name of Waterman in full.
JAMES WATERMA . re-examined. I had shown the note to a young man at Evans's, in Tottenham-court-road, and he, I believe, showed it to others—the prisoner was in the same service with me in Tottenham-court-road—I showed the note to the young man on the night the prisoner left—I did not see the prisoner present when I showed it—I showed it to Mr. Lake—I was discharged from Evan's at a late hour on Saturday night, because I did not suit the trade—the prisoner was discharged the same night.
MR. BODKI. called
GEORGE LAKE . I am a linen-draper's assistant, but am out of employ at present—I did live with Dudley and Co.—I am lodging at Whitefriarswharf. I have known the prisoner seven or eight months—I lived with him at Evans's, in Tottenham-court-road—he left while I was there, six or seven months ago—he bore a very good character.
COURT. Q. Are you the person to whom the 100l. note was shown at Evans's? A. Yes—the prisoner was not present, but it was talked of all over the house—Waterman was turned away on the Saturday night—it was said he had shown it to Mr. Evans, and asked him if he could change it—I have not known the prisoner in any situation since he left Evans's—I was present when the prosecutor was discharged from Evans's—it was a little before twelve o'clock on Saturday night—I was in the shop—he was called into the counting-house, and up in his bed-room he showed me the note, and I believe it passed through several young men's hands.
(James Orrock, linen-draper, at Bow; and John Devey, assistant linendraper, deposed to the prisoner's good character.)
GUILTY . Aged 26.— Transported for Ten Years.
(There was another indictment against the prisoner.)
NEW COURT.—Monday, November 30th, 1840.
Sixth Jury, before Mr. Common Sergeant.
CHARLES REEVE . I am shopman to my brothers, Thomas and William Reeve, pawnbrokers in Gray's-inn-lane—I saw these forty-nine yards of carpet inside the shop on the 16th of November, about half-past six o'clock, and missed it about seven that evening—I went to Mr. Lander's, a pawn-broker in Gray's-inn-road, and found the prisoner there, in the act of pawning it—that now produced is the same.
Cross-examined by MR. PAYNE. Q. What time did you get to the pawnbroker's? A. About a quarter past seven—the prisoner was at the counter offering it to pledge.
Cross-examined. Q. Did the prisoner bring the carpet? A. Another man brought it, he left the shop immediately—the prisoner offered it to pledge.
GUILTY . Aged 25.— Transported for Seven Years.
CATHERINE BRYANT . I am an unfortunate girl. On the 26th of November I met the prisoner—he asked me to go to a house, and we went to King David Fort, which is a receiving house—we were shown to a room—I put my shawl and collar on the back of a chair, and my bonnet I had in my hand—he offered me sixpence, I would not let him stay with me for that—I was putting on my bonnet at the looking-glass, and he walked out with my shawl and collar—I ran after him, but did not see him—this is my shawl (looking at one.)
Prisoner. I had 5s. when I came from work—I went with her—she took my money—the woman of the house asked me for sixpence, and I paid that—I told the prosecutrix if she did not give me my money, I would keep her shawl—I treated her with some rum, and then she asked for some gin. Witness. I did not take any money from him whatever—I did not go to bed with him—he did not charge me before the Magistrate with taking any money, nor did I have any of him—he did not give me any drink.
HENRY GOL . (police-constable K 79.) At half-past one o'clock that night, I saw the prisoner running down High-street, Shadwell, with this shawl under his frock—I ran after him, stopped him, and asked him what he had got—he said, what he had got was his own—I insisted on seeing it—and he then said he had got a shawl—that he had been home with a girl who had robbed him of 6d., and he took her shawl—I found the prosecutrix—she did not admit that she had taken 6d. of him—the prisoner admitted at the station that he had taken the shawl and run away with it—he was perfectly sober.
Prisoner. I never stop out except I am drunk.
GUILTY . Aged 35.— Confined One Year.
JOHN CLIFT . I am a grocer, and live in John-street-road—the prisoner was my errand boy—I missed from my cupboard a large quantity of pence and half-pence, and some on the 26th of November, I told the prisoner before I gave him in charge, if he would tell me about it then, it would be better for him.
NOT GUILTY .
CHARLES FREDERICK SMYRK . I live in Acton-street, Bagnidge-wells-road—I am in partnership with William Broder—I purchased some brickwork, and employed the prisoner to pull it down—I authorized him to sell bricks to any person that applied, but it was his duty to make it known to me, and to pay me the money when I appeared on the premises—he kept a book which I produce—if he sold any bricks to Mr. Few on the 10th of November, he has not entered it in this book, nor have I received the money—he settled with me on the 14th of November, but did not pay for them.
Cross-examined by MR. PAYNE. Q. How was he employed? A. To pull down these bricks by contract—he and another man—they both had authority to sell bricks, but were to pay the money over to me.
Cross-examined. Q. Did you see any book, or get any receipt? A.
NOT GUILTY .
JAMES HUCKMAN . I am a butcher, and live in Museum-street, Bloomsbury. On the 10th of November, the prisoner came to me, and said he wanted a leg of mutton for Mr. Roden, of the Boar's Head, Exeter-street, who deals with me—I asked if he was going to have a supper that evening—he said he was—I asked how many—he said "From ten to twelve"—I said, "I suppose you will want a large leg"—he said, he supposed he should—I cut him off one about 8lbs. and said, if it was not large enough to bring it back—it was on the faith of his coming from Mr. Roden, that I gave it him—I should not have let him have it, if he had not said he came from him—I let him have it for Mr. Roden—I thought proper to follow him—I took him to Mr. Roden and I asked him if he had sent him—he said he had not—the prisoner then said it was the pot-boy—the pot-boy was brought, and then the prisoner said it was another pot-boy in Drury-lane.
Cross-examined by MR. PAYNE. Q. Where did you overtake the prisoner? A. At the bottom of Drury-lane.
GUILTY . Aged 24.— Confined Six Months.
MR. ATKINSO. conducted the Prosecution.
ANTHONY THATCHER . I am a bottle-merchant, and have a cellar in George-street, Foley-place. I have missed bottles from there—I took stock on the 20th or 21st of November, and missed seven gross of octagon bottles—I went with the policeman to Derrick's house, and he showed me some bottles worth about 34s., which he had bought of Sale—they resembled mine, and I believe were mine—both the prisoners have been in my service, but had left me, and neither of them had any right to be in my cellar in George-street, on the 17th of November.
Cross-examined by MR. CLARKSON. Q. Were they medical-bottles? A. They were—Derrick supplies the faculty with them—I buy my medical bottles from the manufactory—I have no one from the manufactory here—these bottles are precisely the same in appearance as those I had—there are thousands of this sort supplied to dealers in London—these bottles are out of the same mould as those in my cellar, but the person I deal with serves a number of houses—it is impossible that I can speak to these—I had purchased claret-bottles of Sale, on various occasions—I bought about twelve dozen of him a few days before—they were old ones—I had not bought 1l. worth of him in the month preceding this—he had had 10s. on account—they stand in the prickles as he brought them—they are worth 15s. or 16s.—I sell them at 28s. a gross, when washed and cleaned, but there is a great deal of breakage in washing them—I have bought wine-bottles, clarets and champagnes, of Sale in the course of business—there is no one in my cellar at George-street—it is a stock-cellar—this prickle-basket (looking at one) resembles mine.
EDMUND HODGES . I live in George-street, Foley-place. About eight o'clock in the morning of the 17th of November, I was standing in George-street, and saw the two prisoners come up the steps of the prosecutor's cellar—Sale had a prickle of bottles on his head—he walked up George-street, and Wager walked behind him—they went to Mr. Derrick's—I saw them go in, and is about ten minutes they came out, and they had neither basket nor bottles then.
JAMES SHEA . (police-constable E 28.) I took Sale into custody on the 17th—on our way to the station, he said if Mr. Thatcher would forgive him, he could make some important disclosures, and he knew his own men were robbing him.
Cross-examined. Q. Did Sale say he was innocent? A. He did when I first took him, it was on our way to the station he spoke about Mr. Thatcher forgiving him, and told me to ask him—I told this to the Magistrate.
JAMES RICHARD DERRICK . I live in Market-street, May-fair. On Monday, the 16th of November, Sale came to my house and asked if I had any clarets to dispose of—I said I had—he asked the price, and I told him—he said he had not got the money, but he had some six ounce octagon bottles that he would give me in exchange—I said, "Bring them to-morrow, for I am too busy to-day"—next morning, about half-past eight o'clock, while I was at breakfast, my son called me—I had not done my breakfast, and I told my wife to go—I went up afterwards, and the basket of bottles was there in the way—I took and put it on the railings outside the
door—neither of the prisoners were in the shop when I went up, but I saw bottles there similar to these—about ten o'clock Sale came with a man, but I do not know who it was—before he came, I had taken out the bottles, looked them over, and counted them—I said to Sale, "These look like new bottles"—he said it was quite right, they were, that he had purchased them—I then gave him the claret-bottles—the officer took away the octagon bottles—I cannot say whether these now produced are them, but they look like them.
Cross-examined. Q. When the prosecutor came to you, was the policeman with him? A. Yes—they asked for wine-pints—they did not say any thing about octagon bottles—they were surprised to find these—I believe Mr. Thatcher said he thought they were like some of his, he had got some like them—Sale has been in the bottle-trade since the death of his father—he kept the shop which his father kept six or seven years, I believe—I have bought bottles of him very often.
JOHN DERRICK . I was in my father's shop on the morning of the 17th of November—two men came—I know Mr. Sale—he was one of them, but I did not see much of the other one's face, for directly they put down the basket the other one went out—they brought a basket of bottles—I think the basket was like this one.
Cross-examined. Q. Were they in straw, in the way this basket is? A. Yes, they were all covered over.
(Sale received a good character.)
SALE.— GUILTY . Aged 37. Confined One Year.
WAGER.— NOT GUILTY .
MR. DOAN. conducted the Prosecution.
WILLIAM HOBBS . I am in the service of Mr. Cavardine, who lives in Northamptonshire, and is a shoe-manufacturer—Mr. Matthews, of St. Andrew-street, does business with my master. On the 22nd of October I packed up thirteen pairs of boots for him, and sent them with this invoice (looking at it) which my master made out—I sent them sewed up securely in a flag basket—they were directed to Mr. Matthews, No. 47, Great St. Andrew-street, Seven-dials, London.
HENRY MATTHEWS . I am in the service of my father, Henry Matthews, No. 47, Great St. Andrew-street, Seven-dials. On the 24th of October I received this basket containing twelve pairs of boots, it was done up carelessly—it contained this invoice, by which I found that thirteen pairs ought to have come, and I wrote on the bottom of the invoice, "One pair short"—this is my writing on it—I have brought two pairs of the boots that were in the basket, and the officer has produced one pair which were found—these are the three pairs—(looking at them)—they are all one man's work.
WILLIAM BARTUP . I am porter to Messrs. Home and Chaplin, who have an office at the London and Birmingham Railway. On the 24th of October I carried a basket from their office to Mr. Matthews's—I delivered the basket in the same state as I received it—this ticket was on the basket.
London Railway Company. The prisoner was in their employ as a parcels-office porter—it was his duty to take parcels as they arrived by the trains to the parcels-office—if he were there on the morning this parcel arrived, it would be his duty to take that and other parcels to the office—I received information, and got a search warrant—I went with Hooker to the prisoner's lodging on the 31st of October—I left Hooker at the lodging—I went and took the prisoner there—this pair of boots was found there under the bed—Hooker asked the prisoner where he got them—he said to his wife across the room, "You brought them for me from the country"—Hooker looked at them, and said, "There is a Northampton mark on them"—the wife had said she brought them from Gloucestershire, but when the mark was seen, she said, "I don't know."
Cross-examined by MR. CLARKSON. Q. How long has he been in your service? A. About three years—he was well recommenced—I know that parcels get shaken about and get loose—I am not aware that we have any property which is not owned.
WILLIAM HOOKE . (police-constable D 130.) I found this pair of boots under the bed at the prisoner's lodging—I asked him where they came from—he looked at his wife and said, "You brought them"—she said, "Yes I brought these"—I asked her where from—she said from Gloucester or Gloucestershire—I then saw the mark on them.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined one Year.
MR. PRENDERGAS. conducted the Prosecution.
WILLIAM TAYLOR . I keep a coffee-house in Marylebone-lane. I was at Sutton Coldfield, in Warwickshire, about ten years ago—I saw the prisoner there in my uncle's house, he was paying his addresses to my cousin, Hannah Rathbone—they were afterwards married at Aston, near Birmingham—I was present at the marriage—my cousin is now alive—I saw her to-day.
PETER JACKSON . I live in Hoxton Old-town. I have known the prisoner three or four years—I was present at St. James's-church, Westminster, in 1837, when he was married to my sister-in-law, Eliza Cowderoy—I gave her away—before they were married the clergyman accused the prisoner of being a married man—he denied it, and said he was not a married man, and the woman he had been living with was not his wife—the clergyman reminded him of the offence, and the serious situation he was in—he declared it to his God several times in the church, and denied more than once that he was married.
Cross-examined by MR. CLARKSON. Is your sister-in-law here? A. Yes, in Court—the clergyman told her she might have it put off, if she chose to make inquiry whether he was married or not—she said she had no wish to do so, because she was satisfied he was not a married man—she had some goods when she was married, and has got them now—she afterwards found out that the prisoner was married, but she lived with him about fifteen or eighteen months after she had seen his first wife.
searched the prisoner's box—I saw the certificate of his first marriage found there.
WILLIAM CUMMIN . (police-sergeant D 3.) I found this certificate in the box in the prisoner's lodging—it states—(reads)—"At the parish church of St. Peter and Paul, at Aston, near Birmingham, on the 10th of February, 1830, Henry Halford Bottrill, batchelor, and Hannah Rathbone, spinster, were married by banns, by George Keith, vicar, in the presence of William Taylor and Emma Rathbone."
GUILTY . Aged 32.
MR. PRENDERGAS. conducted the Prosecution.
WILLIAM GEORGE PAUR . I am parish clerk of St. Marylebone. On the 4th of October, 1840, Henry Bottrill and Mary Ann Perry, of full age, batchelor and spinster, were married, after banns, in the presence of John Edmonds, myself, and Elizabeth Edmonds—I cannot identify the prisoner—I produce the register.
Cross-examined by MR. CLARKSON. Q. Are you the person that caused this indictment to be preferred, or was it somebody else? A. I do not know—I was obliged to do so to clear myself—every body that heard the case told me so—Mr. Ball said I ought so to do—I do not pay the expense of it—I do not know who does—I gave some money to a person to defend the prisoner—I went once to Clerkenwell prison to see him—I took him some things there—I first knew him four or five years ago—I do not know whether that was before he married Eliza Cowderoy—he did not tell me that he was married—I did not say that he did—I at one time accused him of it.
MR. PRENDERGAST. Q. You heard that he was married, and accused him of it? A. Yes—that was a long time before we were married—he said, in a jocular way, that he had half a dozen wives—he gave me proof that that was not the case by his attention to me—I was satisfied that that was not the case—I told Mr. Ball that I was married.
JOHN BALL . I live in Oxford-street; Perry was in my service. In consequence of something I heard, I felt it necessary to put some questions to her—I never saw the prisoner in my house till I brought him in—he then mentioned the circumstance himself, that Perry was his wife.
GUILTY . Aged 32.— Transported for Seven Years.
Before Mr. Recorder.
GUILTY . Aged 68.— Confined Three Months.
(The prisoner received a good character.)
Before Mr. Sergeant Arabin.
GUILTY . Aged 45.— Confined Six Months.
Before Mr. Recorder.
214. WILLIAM CUMMINGS . was indicted for breaking and entering the dwelling-house of John Elsden, on the 24th of May, at St. Nicholas, Deptford, and stealing therein, 3 watches, value 10l. 10s.; 2 seals, value 10s.; 1 watch-key, value 3s.; 1 split-ring, value 8s.; 2 rings, value 10s.; and 3 pairs of ear-rings, value 1l.; his goods; to which he pleaded
GUILTY . Aged 36.— Transported for Ten Years.
E. THOMAS. pleaded GUILTY . Aged 15.
C. THOMAS. pleaded GUILTY . Aged 15.
Confined One Month.
JAMES WOOLVERTON . I am a timber-dealer, and live in Broomfieldplace, Deptford. On the afternoon of the 18th of November I was at a window, and saw the four prisoners in my timber-yard—I saw Edward Thomas leave the shed with something concealed about him—I went out the front way and met him, and asked what he had got there—he made no answer, but endeavoured to go back to the shed again—I stopped him and took from him part of an iron axletree—I gave him into custody—Conner afterwards showed me two pieces of iron—I consider the prisoners were all in distress and want of food—Brooker was employed in my yard to cut wood.
BROOKER. and JONES.— NOT GUILTY .
GEORGE SHORE . I am a labourer, in the employ of James Thomas, of Lewisham. This shovel belongs to him—it was in use on the premises at Greenwich, on the 28th of October—when the bricklayers left to go to dinner, that and the trowel were safe, and when they returned they were gone.
JEREMIAH VOSS . I am a bricklayer, employed by Mr. Thomas. On the 28th of October I left my trowel and Mr. Thomas's shovel in the gutter at the top of a house in Bridge-street, Greenwich, where I was at work, while I went to dinner—when I came back they were gone.
BENJAMIN HASELDINE . I am shopman to Mr. Greenley, a pawn-broker, at Deptford. This shovel and trowel were pledged on the 28th of October by the prisoner, between twelve and one o'clock, for 9d. and 6d.—he came again on the Friday following, and in consequence of what I had heard I gave him into custody.
Prisoner's Defence. I did buy them of a man for 2s., and having nothing to do I pawned them.
GUILTY . Aged 28.— Confined Six Months.
217. WILLIAM BASSAM . was indicted for stealing, on the 7th of November, 1 knife, value 2d.; 1 half-crown, and 1 shilling; the property of Sarah Meloy; and that he had been before convicted of felony.
SARAH MELOY . I am a widow, and live in Fisher's-rents, Deptford On the 7th of November I placed a cup on my mantel-shelf, containing three half-crowns and one shilling, between five and six o'clock, and missed it between six and seven—in consequence of information I went after the prisoner round the Broadway, but could not find him—he is a neighbour's child, and played with my son sometimes—I also missed a knife from a drawer in the same room—this is it—(produced.)
ELIZABETH BISHOP . I live next door to Mrs. Meloy. On Saturday, the 7th of November, I saw the prisoner at Mrs. Meloy's—I went after him as far as High-street, and told him Mrs. Meloy wanted him—he made use of a very bad word, and said if I did not let him go how he would serve me—he bit me, and scratched my hand—a policeman came up and took him.
ALICE REDDEN . I am the wife of Daniel Redden, and keep a lodging-house in Mill-lane, Deptford—the prisoner lodged with us. On Saturday evening, the 7th of November, he paid me 16d. for his lodging—he had not paid me for a fortnight before—we only charged him 2d. a night for him to lie down—I asked where he got the money—he said he had been bringing water for Mrs. Meloy—he afterwards told my child that he had knocked it out of a little girl's hand—I said that was very wrong of him, and went to call a policeman, but while I was gone he ran away—I saw him use this knife—he took it away with him.
JOHN ROSCOE . I am a policeman. I produce a certificate of the prisoner's former conviction, which I got from the Clerk of the Peace at Maidstone—I was a witness on the trial—the prisoner is the person—(read.)
GUILTY . Aged 13.— Transported for Seven Years.—Parkhurst.
PHILIP LONGFORD . I keep the Lord Nelson public-house, in Trafalgar-road, Greenwich. On the 7th or 8th of July I saw the prisoner at my house—he was in the habit of frequently calling on me, representing himself as selling cigars—he said he had taken a shop, and was going into partnership with a young man named Bailey—a person was with him who he brought to my house as Bailey—he took me down to show me the house
he said he had taken, and at he came back he said he was rather late in going to Woolwich to get some money, at he had to pay down 3l., could I oblige him with 3l. until the morning on this bill, (producing one)—this is the bill—he said he would call in the morning and take the bill, and pay me the 3l.—I advanced him 3l. on it—he left it with me—I did not see him again for a fortnight, when I met him at the house which he had taken me to as their shop—I had gone there several times and seen Bailey, but not the prisoner—I presented the bill at Smith's when it became due—it was not paid—I do not know Ann Taylor.
MARIA TAYLOR . I am single, and keep a general shop at Plumsteadcommon, and sell tea and grocery. I have had dealings with the prisoner occasionally—I first knew him three years ago, and then lost sight of him till within a few weeks of this occurrence—I have not dealt with him for a year—this bill is not my handwriting—I never authorised any body to put my name on it—the name of Ann Taylor is on it—I do not know any Ann Taylor at Woolwich—I live a little beyond Woolwieh, in Plumstead pariah, (The bill being read, was for 6l. 19s.—at two months after date, drawn by Robert Blackmore on Ann Taylor, grocer and tea-dealer, Woolwich—accepted, payable at Smith, Payne, and Smith's.)
NOT GUILTY .
GEORGE FIELDING . I am a watch-maker and jeweller, and live in Nelson-street, Greenwich. I have known the prisoner fourteen months, and have repaired jewellery for him—he represented himself as a traveller to a grocer. On the 14th of July he came and asked me if I would let him have a watch to show a person to sell, provided he left security for it—he offered to leave this bill, which he said was a good one, and he would return the watch or motley in the evening—he said the bill was taken for grocery which he had sold to the acceptor of the bill—I agreed to let him have the watch till the evening—he did not call in the evening—I saw nothing of him till after the bill became due, and was dishonoured—I gave the bill to Mr. Tanner, my next-door neighbour, to send to his banker's—it was returned to me noted, which I had to pay for—I wrote to Mr. Hutchinson, who appears to be the acceptor of the bill, after it became due, which was on the 6th of September—about a week after that the prisoner was brought to my shop—he said it was a good bill, that he would come and pay me the money for the watch, and take the bill from me as soon as he could—the watch was pledged with Mr. Nash, in London-street, Greenwich—I found it there, and paid Nash 1l. 10s. for it, which it was pledged for—I gave it up to the officer, by the Magistrate's order—I asked the prisoner to give me the duplicate—he said there was no occasion for that, as I had got the watch from the pawnbroker—I met him again about a week after, in Straits-mouth, Greenwich—he then promised to come and pay me as soon as he could, but said he was unable at present—I know this to be the bill I gave to Mr. Tanner, by my handwriting at the back.
[The bill being read, was dated 2nd July, 1840, at two months after date; drawn by Robert Blackmore, on John Hutchingson, grocer, Bexley. Payable at Smith, Payne, and Smith's.]
Cross-examined by MR. DOANE. Q. Did you know any thing of a Mr. Hutchingson? A. No, I do not know any one at Bexley of that name—I took the bill as a good one, on the prisoner's representation—he had been a customer of mine fourteen months, and always paid me.
COURT. Q. You supposed it to be a bill of exchange? A. Yes.
WILLIAM JOHN HUTCHINSON . I am a grocer at Bexley, which is a small village. I never had any dealings with the prisoner—I do not know any grocer named John Hutchingson of Bexley, or any other place—I have known Bexley for years—I am very well known, having been there and at Foots-cray, which is only two miles distance, twenty-nine years—there are four other grocers at Bexley, but their names are Pitt, Saxby, Freemantle, and Tan—I go by the name of William John Hutchinson—I am sometimes addressed by the name of William, and sometimes William John—I have never gone by the name of John alone—there is no other person named Hutchinson at Bexley—this bill is not accepted by me—I know nothing of it—I never signed a bill—I never authorised any one to put the name of John Hutchinson to a bill.
Cross-examined. Q. Has your name a g in it? A. No—Bexleyheath is about a mile from Bexley—I should say I know ninety-eight persons out of a hundred that live about there—I was at Bexley-heath last Monday week, in the course of my business.
ROBERT HILL . I am a policeman. I received this bill from Mr. Fielding—I made inquiries respecting the supposed acceptor at Bexley—I could find no person of that name, except the last witness—I had a warrant against the prisoner, and apprehended him at Greenwich—he said he knew a person named Hutchinson, but he never had any dealings with him.
EDWARD NASH . I am a pawnbroker, and live in London-street, Greenwich. This watch was pledged by the prisoner on the 14th of July, for 2l. 10s., in the name of John Blackmore—I have known him about fifteen months—I gave it up to Mr. Fielding, who paid me the amount for which it was pledged.
GUILTY. of Uttering. Aged 27.— Transported for Ten Years.
Before Mr. Baron Parker.
MR. CLARKSON. on the part of the prosecution, declined calling any evidence.
NOT GUILTY .
Before Mr. Common Sergeant.
221. JOHN O'BRIEN . and ELIZABETH O'BRIEN . were indicted for stealing, on the 11th of October, at St. Nicholas, Deptford, 1 bag, value 1d.; 5 sovereigns, 8 halfcrowns, and 1 shilling, the property of James Naylor, in the dwelling-house of John Finlay.
BRIDGET NAYLOR . I am the wife of James Naylor. I had a box in my room in King-street, in the parish of St. Nicholas, Deptford—I had in it five sovereigns, eight half-crowns, and one shilling in a bag—I saw it safe about eight days before I missed it, which was on Tuesday the 19th of October—my husband had not been into the room, but the female prisoner was there—she slept with me, and her husband slept in the barracks, but he had access to the room—my box was locked—I lent the prisoner my scissors at different times, and the key of my box was tied to them, and I lent
them—on the Saturday night before the money was missed her husband was in the room—he sent me to the barracks, and when I came back he was standing near the box—I saw the female prisoner that night with a sovereign—I asked her where she got the money—she said, from her husband, who had got it from home—I asked her, because she was always telling me she had no money, and I had lent her some halfpence, which I used to go to my box for—some money was found, but no sovereign—I found the bag which my money had been in, in the drawer in the table where the female prisoner used to keep her own and her baby's clothes—this is my bag—(looking at it)—I am sure I did not put the bag into that drawer—the landlady saw me take the bag out of the drawer—before this time, when the prisoners arrived from Ireland, they had not a halfpenny but the pay he got from the sergeant, and at different times I had lent them money—I got this money from washing the men's trowsers, and I got some from home—after my mother's death I sold some things—I went from Tipperary home to the county of Clare, that is about three years ago—some of the money I saved from that time—I did not let my sister know that I had it—I was washing, and always earning money—I swear that I had saved this money.
John O'Brien. Q. When you went to the barracks, do you know whether the box was locked or unlocked? A. I know it was locked—I had not my key and scissors with me when I went to the barracks.
John O'Brien. When they searched my wife they found 2s. 11d. on her—they searched the drawer, and if the purse had been in the drawer, why could not they find it as well as you?—you found my wife's back turned, and clapped the purse into her stays—do you think my wife would have put it in an open drawer? Witness. I had not the purse to put into the drawer—your wife had no other place to put it in—she had not a pocket or box.
MARY FINLAY . I am the wife of John Finlay; we keep this house. About two months ago the female prisoner came to lodge there—I had a cloak to sell, and she bought it for 2s. 4d.—it was in pledge for 3s.—she bought the ticket of me—she told me she had received some money from her husband, which he had received from home—that was on Saturday, a week before this money was missing—she paid me 1s. rent, and I believe on the Monday she bought the cloak she paid me 2s. and a 4d. piece—she kept her clothes in the room—the prosecutrix came down and asked me to go up stairs—I went—she was at the table-drawer, and said, "Here in the purse that had my money in it."
EDWARD IVER . I am assistant to a pawnbroker. We had this cloak in pawn, and on Monday, the 12th of October, the female prisoner came about twelve o'clock, and looked at it—she would not then purchase it, and I made out another ticket—she came again about three o'clock, and brought a sovereign, or a half-sovereign—I should be loath to swear which, and she had the cloak—she said afterwards that it was a sovereign.
Elizabeth O'Brien. It was a half-sovereign, he gave me 7s.
MICHAEL GURAIN . I am a sergeant of the 61st Regiment of Foot, the prisoner, John O'Brien, was a private in that regiment; there was an investigation among the officers about this money on the 22nd of October, John O'Brien said he had received a letter, on that day three weeks, between three and four o'clock, containing a sovereign, and on getting the letter from the postman he had paid 3d.—I was ordered by
the commanding officer to go the post-office with him, to ascertain if that was correct—it was then between ten and eleven o'clock in the morning—on my way I met one of the Deptford letter-carriers, and I asked him if the post-office was open—he said no, it was only opened at ten o'clock in the morning, and five in the afternoon—I then asked him where the other letter-carrier lived—he told me, and I went to his house with the prisoner—I said to him, "This man says he received a letter between three and four o'clock in the afternoon of this day three weeks, which was the 1st of October"—the postman stated that was incorrect, for the post was not open till a few minutes before five—I then asked the prisoner in presence of the postman, what he paid for the letter—he said, "3d."—the postman said that was incorrect, for a letter containing a sovereign would be no more than 2d., and the prisoner did not contradict the postman in saying so—I saw the prisoner give a cheque to the pay-sergeant of his company, for 1l., on the 22nd of October, but that he got in the regular way, through the officer—there if an officer whose duty it is to take letters of the postmen, and to deliver them—there is a circular against private soldiers receiving letters—it was the postman's duty to call the officer, and deliver the letters, and if the officer is not there, to bring them to the barracks, but not to give them to privates—when these orders come the postmaster in Deptford gives the money for them—they could not get the money from any body but him—if a private gets money, it passes like wildfire through the whole regiment—it is not very usual for privates to receive money.
John O'Brien. Q. Did I say that that postman was the man that gave use the letter? A. You did not.
WILLIAM HATFULL . I am the postman at Deptford. It was my duty to deliver soldiers' letters on the 1st of October—I did not deliver one to the prisoner that day—I do not know that there was one for him—the morning Utters come at eleven o'clock in the morning, and are delivered about a quarter of an hour afterwards.
John O'Brien. Q. Did I say you were the man who gave me the letter? A. Yes, I think you did.
PATRICK BRIENAN . I am a private in the 61st Regiment of Foot. On a Sunday, about the 11th of October, I was out walking with John O'Brien and his wife, and we had some rum and some beer—I paid for one pot, and Elizabeth O'Brien paid for another.
PATRICK NAYLIN . I am a relation of the prosecutrix's. I went to the female prisoner, and asked whether she was willing to let me see what was in her pocket, or else I would get a constable—she gave me permission, and I found 2s. 11d., which she said her husband gave her and he got it in advance from his pay-sergeant on the 19th or 20th—I asked her if she knew where her husband got the money he was spending—she said she did not, and that it made no odds to her—she offered to take her oath that she knew nothing about who took the money.
WILLIAM MAJOR . I am the pay-sergeant of the 61st Regiment. John O'Brien did not receive 2s. 11d. from me at the time he stated—he was paid up to and for the 16th of October, but no further—he was confined, I believe, for this crime on the Tuesday.
JOSEPH STRATTON . I am landlord of the Red Cow public-house, at Deptford. On Monday, the 19th of October, I received a sovereign, or two half-sovereigns, and 5s., from John O'Brien—he told me he had 1l. a week coming in besides his pay as a soldier.
John O'Brien. Q. Did I give it you together? A. You gave me a half sovereign a few days before, and the next day came and asked for it again—then, on the 19th, you left 1l. 5s. in my hands—you were quite capable of knowing what you said and did.
THOMAS BARNES . I am a corporal in the 61st Regiment. On the 16th of October I was at the Red Cow-John O'Brien was there—he spent 3s. 6d.—he said he had received a cheque for 25s. from home, and he was spending some money.
John O'Brien's Defence. When we came from Winchester to Deptford I took a good deal of luggage for twenty or twenty-five men, and I got 1s. a piece of them all except three; I received 22s. for it, and I received some money from Winchester; I intended to get a furlough to go home at Christmas; I had the money in my knapsack, and lodged it in the publican's hand.
JOHN O'BRIEN— GUILTY . Aged 22.— Transported for Ten Years.
ELIZABETH O'BRIEN— NOT GUILTY .
222. ELIZA LEWIS . was indicted for stealing, on the 17th of November, 1 box, value 5s.; 1 cloak, value 15s.; 2 gowns, value 18s.; 1 petticoat, value 3s.; 1 gown-skirt, value 2s.; 2 shifts, value 3s.; 2 night-gowns, value 3s.; 1 boa, value 9s.; 4 handkerchiefs, value 1s.; 4 pairs of stockings, value 3s.; 1 apron, value 6d.; and 2 towels, value 6d. the goods of Harriet Lloyd.
HARRIET LLOYD . I lodged at Mrs. Black's, in High-street, Woolwich; I came from Wales five months ago. On the 17th of November I had a box safe in my room there, which contained the cloak and other articles—it was locked—I lost them—these are the articles.
HARRIET BLACK . I keep the lodging-house at Woolwich. The prisoner lodged there now and then—I recollect her coming on the 17th of November—I missed the box of clothes about nine or half-past nine o'clock that night—I sent for the prosecutrix to come home—I saw the prisoner crying in an alley near my house, and said to her, "Where is the box?" and she pointed to it in the alley—I took hold of her shawl, and took her to the place where the box was—I told her she was a very foolish girl to take any thing out of my house—she said she wanted to go some-where.
GUILTY . Aged 19.— Confined Three Months.
GUILTY . Aged 25.— Confined One Month.
MESSRS. BODKI. and ESPINASS. conducted the Prosecution.
lives in Gibraltar-row, Deptford. On the 20th of October the prisoner came and asked the price of some haddocks—I told him 2 1/2 d. each—he took one and gave me a shilling—I gave him 9 1/2 d. change—I laid the shilling on the drawers in the parlour—I afterwards went to remove it, and saw it was black—I found it was bad—I wrapped it up and put it into a tea-caddy—not more than five minutes had elapsed from my taking it—I am sure it was the same—I afterwards gave it to Lovell.
HENRY FARMER TURTLE . I keep a shop at Charlton, in Kent. On the 21st of October the prisoner came, about five o'clock in the afternoon, for a quarter of a pound of beef, which came to 3 1/2 d.—he gave me a shilling—I took it up, and was feeling it—he said, "It is a good one"—I said, "I do not think so"—I gave it to Taylor, the parish constable—he gave it me back—I put it under a cup, and afterwards gave it to sergeant M'Gill—the prisoner went away, and into the Swan public-house—I went in after him, took hold of him, and asked if he had got any more—I then heard something drop which sounded like money—I called for a light, and the prisoner stooped, gave me a shilling, and said, "There is what I dropped; that is good enough"—I said, "It may be," and it was a good one—the servant then came with a light, and I picked up another bad shilling on the floor, which I gave to Taylor.
SOPHIA MOORE . I am servant to Mr. Reynolds, of the Swan public-house, at Charlton. On the 21st of October, I was in the passage of his house, between five and six o'clock in the evening, and saw the prisoner drop a bad shilling—I had a candle in my hand—I picked it up, and gave it to Mr. Turtle.
Prisoner. Q. Where was I standing? A. You ran into the passage and dropped the shilling by the parlour-door.
THOMAS TAYLOR . I am constable of Charlton. On the 21st of October I was in Mr. Turtle's shop—the prisoner was there—Mr. Turtle showed me a shilling—I said it was bad—the prisoner went away, and we followed him to the Swan public-house—I received this shilling from Mr. Turtle, at the Swan—I searched the prisoner, and found four good shillings on him, and 6d. in copper.
THOMAS M'GIL . (police-sergeant R 19.) I took the prisoner, and received one shilling from Mr. Taylor, and one from Mr. Turtle—the prisoner said if the shilling was a bad one, he had got it at the public-house.
Prisoner's Defence. I am innocent of the first—I did not know the shilling I offered Mr. Turtle was bad—they searched me, and found no bad money on me—I took out a good shilling, and went to the public-house—they collared me, and knocked the shilling out of my hand—they held me while the servant came and picked up a bad shilling.
GUILTY . Aged 17.— Confined Six Months.
MESSRS. BODKI. and ESPINASS. conducted the Prosecution.
six o'clock, and asked for half a pint of beer, which came to 1d.—she put down a sixpence—I found it was bad—I bit it in halves, and threw the pieces on the counter—she took up the pieces and threw them over the bar towards the fire-place—I took up one piece, and put it away—while this was going on Griffiths came in and asked Stafford if she had got that gin that she asked for—Stafford made no answer, but kept on abusing me for breaking the sixpence, and said she might have had the chance of passing it elsewhere—I afterwards found the other; piece of the sixpence—I gave one piece to one officer, and another to another.
EMANUEL PASSMORE . I am the witness's father. On Saturday, the 31st of October, Griffiths came in about half-past six o'clock, and asked for a glass of gin, which came to 2d.—she put down a good shilling—I gave her a sixpence and 4d.—I looked at the sixpence I gave her, and it certainly was a good one—she then asked if I would give her sixpenny worth of copper instead of the sixpence, as she was going to cross the water—she threw me a bad sixpence down on the counter for change, and while she was taking up my halfpence she dropped my good sixpence by the side of the counter—I asked her if she had any other sixpences—she appeared to be tipsy all at once, and said she had no other—I gave her the good sixpence, and kept the bad one till I gave it to the officer.
GEORGE HARRI . (police-constable R 158.) I saw the two prisoners together in Deptford Broadway, on the 31st of October, about a quarter before nine o'clock in the morning, and there was a young lad with them—I produce part of a sixpence which I got from young Mr. Passmore.
SAMUEL BLACKWELL . I keep a fruit-shop at Greenwich. On the 31st of October Stafford came about seven o'clock in the evening, for 1d. worth of apples—she gave me a bad sixpence—I told her it was bad—she said it was a good one—I bent it double, and as she would not go out without I gave it her, I did so—I went after her—when I came up to her she dropped the bent sixpence—the officer came up, and I gave him the sixpence.
Stafford's Defence. I work in the market-gardens for 1s. a day; I did not know the money was bad; I took it, and thought I had a right to lay it out.
STAFFORD.— GUILTY . Aged 60.— Confined Six Months.
GRIFFITHS.— NOT GUILTY .
226. SOPHIA PAGE . was indicted for stealing, on the 30th of June, 2 shawls, value 5s.; 14 aprons, value 7s.; 6 towels, value 3s.; 1 flannel petticoat, value 1s. 6d.; and 1 handkerchief, value 1s.; the goods of Elizabeth Ringer.
ELIZABETH RINGER . I am single. About three months ago I went to the prisoner's house, in Garden-row, Deptford—she is my father's cousin—I left my box there, containing, among other things, the articles stated
—when I came for the box, it had been broken open, and this property gone—the articles produced are what I lost.
Prisoner. That petticoat does not belong to you. Witness Yes, they all belong to me.
JOHN WILLIAM EVERDEN . I am a pawnbroker, and live in the Broadway. I produce a petticoat, handkerchief, apron, and three napkins—the petticoat was pawned with me, I believe, by the prisoner—it is not know who took in the other things.
Prisoner's Defence. The petticoat has been in pledge nearly two years; I acknowledge the shawls belong to the prosecutrix.
(The prisoner received a good character.)
GUILTY . Aged 34.—Recommended to mercy.— Confined Three Months.
RICHARD MOUNT . I am a fisherman, and live at Woolwich. On Friday, the 30th of October, my boat was lying off Harding's-lane, Woolwich—I saw it safe at six o'clock in the evening, fastened with an anchor, and next morning it was gone—I went down the river, and found it at Greenhithe, 14 or 15 miles off, on the Thursday following.
Cross-examined by MR. PAYNE. Q. Where did you find it? A. Hauled up on the land for safety—I have no doubt that it was mine.
WILLIAM JENKINS . I am a ferryman, and live at Greenhithe. On the morning of the 31st of October, I saw the prisoner come down the river, with the boat, which the prosecutor claims—he took some rope out of the boat, and went up the causeway at Greenhithe with it—he let go the anchor, and made the boat fast—I know the prisoner, he belongs to Woolwich, I believe—he came down on the Sunday, the 1st of November, for the boat, and was taken—he asked me whether there had been an old man down for the boat—I said there had been a man down, who owned a pair of paddles that were in the boat, and he had taken one away—he said, "Where can I find him?"—I said, "I don't know."
GUILTY . Aged 26.— Confined Three Months.
MARY KENNELLY . I am the wife of Michael Kennelly; we live in Church-street, Deptford. The prisoner came to lodge with me before Christmas, and went away without notice—I then missed the articles stated—I have seen the shirt and table-cloth which the prisoner had pawned—they are a part of what I lost.
MARY SHEEN . The prisoner came to my house one evening, and sold me the ticket of this table-cloth, and at the same time she left me the ticket of this shirt—I went to the prosecutrix, who she said she had left, and she owned the table-cloth—we then went to the other pawnbroker's—the shirt was pledged there for 9d., and she owned it.
Prisoner. I had no money to pay my last week's rent, at the prosecutrix knows.
GUILTY . Aged 25.— Confined Nine Months.
(There was another indictment against the prisoner.)
Before Mr. Sergeant Arabin.
ANN BARRATT . I am the wife of Richard Barratt; we keep a chandler's-shop, at Tanner's-hill, Deptford. The prisoner came there to buy 11b. weight of bread, about half-past four o'clock, on the 19th of November—he was there two or three minutes—I observed him shuffling about—when he had been gone half an hour I missed my weights—the officer brought them—these produced are them.
JOSEPH GREE . (police-constable R 137.) I found the prisoner in New-row, Deptford, selling these weights in a rag-shop—I went in, and asked where he got them—he said his sister gave them to him—I took him to his mother's, and saw his sister—she said she knew nothing of them—I then found the prosecutrix.
Prisoner. I picked them up in a piece of paper; I then went to the rag-shop, to see if any one had owned them.
GUILTY . Aged 17.— Transported for Seven Years.
Before Mr. Common Sergeant.
GUILTY . Aged 20.— Confined Six Months.
Before Mr. Sergeant Arabin.
231. MARY ANN HARRISON . was indicted for stealing, on the 11th of October, 1 watch, value 26s.; 2 seals, value 2l.; 1 chain, value 1s.; and 1 key, value 4d.; the goods of Thomas Pepper, from his person: and that she had been before convicted of felony.
THOMAS PEPPER . I am a butcher, and live at Baker's-row, Walworth. On the 11th of October, about nine o'clock at night, I was at the end of New-street—I had had some drink, but was quite capable of managing myself—the prisoner accosted me, and said, where was I going—I said, not with her—she drew my watch out of my fob in a moment after accosting me—I told her she had got my watch—she said she had not—I said I would hold her till she gave it up—she said she would not, and she would send word to my wife—I called out, and a policeman came up—I gave her in charge, and as she was going to the station I saw her drop the watch—she denied having it—I did not see it drop from her, but I saw it rolling on the ground.
Cross-examined by MR. PHILLIPS. Q. Did you always say you saw it roll on the ground? A. I saw the person pick it up—I was sober—I did not tell the Magistrate I was the worse for liquor—she took hold of my arm—she was not walking with me.
WILLIAM COOK . I am a policeman. On the night of the 11th I was returning home, and met the prosecutor and the prisoner in company with the witness—they told me she had taken a watch from him—I asked if he charged her with stealing it—he said he did, and he was confident she had it about her—I immediately took her, made her walk a little in advance, and when we got about a hundred yards I distinctly saw it drop on the ground from her person.
HENRY WENMAN . I am a walking-stick manufacturer. I saw the prisoner pressing the prosecutor to go down a street—he objected, and walked on towards the end of the street, and she was with him, having hold of his arm—at the bottom of the street I heard him say to her, "You have got my watch"—she said, "Nonsense, don't talk in that way; people will think by and bye that I have it, if you talk so; I shall send after your wife"—she called a lad, and sent him for his wife, and a policeman came up—he gave her in charge—the watch fell in front of her, and there was nobody in front of her.
Cross-examined. Q. Did you tell the Magistrate about what she said about his wife? A. Yes—the man is a butcher, and this being close to his house, people knew him as a tradesman—I imagined that she knew him—they did not appear intimate—he was not sociable—he might have drunk something, but was not tipsy—I should believe him if he swore he was the worse for liquor, but I would sooner believe what I saw.
(Property produced and sworn to.)
SAMUEL GARDINER . I am a policeman. I have a certificate of the prisoner's former conviction from the office of the Clerk of the Peace for Surrey—(read)—I was a witness at the trial—she is the person who was convicted.
GUILTY . Aged 28.— Transported for Ten Years.
WILLIAM BROOKS . I am a turner, in the employ of Mr. James Crocker, of Kennington. This bell is his property—I saw it stowed away on the 6th of November over the locker where the prisoner had occasion to go—he was in the prosecutor's employ—on the 7th it was gone.
BENJAMIN BLABER . I am a police-constable. On the 7th of November, about nine o'clock in the evening, I was on duty in Hourglass-lane, Newington, and saw the prisoner go into a marine-store dealer's—I waited at the window, and saw this bell put into the scale, weighed, and saw him paid 4s.—as soon as he came to the door I asked where he got the bell—he said he brought it from home—I asked where that was—he said, "No. 4, Wellington-place"—I asked how long he had lived there—he hesitated awhile, and then said he had only been there a fortnight—I asked where he lived before that—he said, "In Thomas-street, Kennington"—I asked where he got the bell—he said, "From West Ham"—in going to the station he got away from me, but I secured him—he said at the station that
he had taken the bell from his master's factory—I went there, and found the owner.
Prisoner's Defence. I found the bell outside the factory gate at half-past eight o'clock, after I had been paid—I picked it up, and sold it.
GUILTY . Aged 20.— Confined Three Months.
233. JOHN MASON . was indicted for breaking and entering the counting-house of James Benbow, on the 25th of October, at St. Saviour's, Southwark, and stealing therein 1 tablet, value 5s.; 1 pair of gloves, value 6d.; the model of a mortar, value 45s.; 1 bullet-mould, value 5s.; 1 case of drawing instruments, value 4s.; 1 pocket-book, value 1s.; 1 pair of callipers, value 2s.; 3 keys, value 3s.; 1/4lb. weight of steel, value 17s.; and 30 brass plates, value 2l.; his property: and 1 coat, value 10s.; and 2 boxes, value 2s.; the goods of William Swaine Mason: and SOPHIA WYCH . for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. CLARKSO. conducted the Prosecution.
JAMES BENBOW . I am an iron-founder, and live at No. 32, Bankside, in the parish of St. Saviour's, Southwark—my premises are entirely enclosed by a brick wall—I have two counting-houses at the extreme end of the premises, near the Bear-gardens entrance—they are both enclosed by the wall. On Sunday evening, the 25th of October, I was in my yard about seven o'clock—the windows and doors of both the counting-houses were perfectly safe at that time—about one in the morning I was alarmed by Butcher, a private watchman—in consequence of what he told me I examined the counting-houses—I found the window of the small counting-house lowered from the top, and one of the shutters displaced, to enable the parties to get in—it must have been opened from the outside—the back window of the large counting-house was also open—it had been put up, but not fastened—the door was forced open from the inside—there is no shutter to the large counting-house window—a desk in the small counting-house was forced open, and something put to keep it up, and likewise my clerk's desk in the large counting-house—the keys of the different warehouses, which hung on the hooks, were thrown about the room—I missed all the articles stated, which had been quite secure on the Sunday night—this brass mortar, steel, and other things, are my property—(looking at them.)
WILLIAM SWAINE MASON . I am the prosecutor's clerk. On Saturday, the 24th of October, I left my desk in the counting-house locked, and every thing perfectly safe—on Monday morning I found it broken open, and missed my coat, a snuff-box, and a small ivory box—(looking at them)—this is my coat—this snuff-box has undergone an alteration, but it is mine, and this ivory box also.
THOMAS HERBERT . I am a ship-chandler on Tower-hill. On Monday, the 26th of October, the prisoner Wych brought this brass-model of a mortar, and said, "I have a brass mortar for sale, will you purchase it?—I asked whose it was—she said her son's—I asked who her son was—she said he was a brass-founder—I asked where she lived—she said, "No. 7, Sun-street, Bishopsgate"—I asked what she wanted for it—she said 25s.—I said it was a high price, it was not worth the money to me, I could not purchase it at that price—she said what would I give—I said I would make no offer, while she asked such a price, but if she inquired of her son
the lowest he would take, I would then see whether it would suit me—she went away, came back again in about two hours, and said she had seen her son, and he would take 10s. for it—I said I would give her 9s., and she took it—I took her address, and she went away—I afterwards delivered it to Mr. Benbow and sergeant Havill, when they called—it would cost about 30s.
GEORGE HAVIL . (police-sergeant M 2.) On Sunday evening, the 1st of November, after receiving some information, I went in company with Aslett to No. 28, Green-street, Blackfriars-road—I found Wych there, and a person named Baker—I told Wych to consider herself in custody, as she answered the description of the person I was looking for, who had sold the mortar—I found this bullet-mould on the mantel-piece—I said that was part of the property I was looking for—I then took Baker into custody—I emptied the contents of his trowsers into a handkerchief, tied them up, and delivered them to Aslett—I found a pair of callipers, some broken brass, some spring-steel, a red leather pocket-book, containing some papers, two wafers, part of a pair of scissors, and two books—Wych was in the room all the while—I produce a duplicate of a coat pledged at Mr. Hickinbotham's, which I received from the landlord of the house in the presence of a man named Wells—Mason was then in custody on another charge—I searched him, and in his pocket found a glove, which Mr. Benbow identified—I asked if he thought proper to account for the possession of it—he said he had had it a long time—I examined the prosecutor's premises—in my judgment, from the way in which they were broken, there must have been more than one person engaged—it could not have been done with less than two.
WILLIAM HICKINBOTHAM . I am a pawnbroker, and live in Charlotteterrace, Lambeth. On the 26th of October I received this coat in pledge—I cannot speak to the person who pawned it—sergeant Havill afterwards produced this duplicate to me, which is the corresponding one to the one I kept of this coat—they were both written by me.
FREDERICK FREEMA . (police-constable M 124.) On the 30th of October I was on duty in Park-street, which is about 300 or 400 yards from Mr. Benbow's premises—I heard a rattle spring, and went to the spot—I went into the premises of Messrs. Winter and Rich, and found the door broken open, and the prisoner in the yard adjoining the place where the door was broken, squatting down in a truck—some of Messrs. Barclay's men who were there asked Mason where the other was—he pointed to the opposite side of the street, and said, there was another, but he was gone that way—I searched him on the spot, and found this ivory tablet, and a pair of gloves, which I did not take from him, not being aware of their importance.
MR. BENBO. re-examined. This glove is mine—I had a pair of them safe in the desk of the large counting-house, on Saturday night—this ivory tablet is also mine—it was in a drawer in the small counting-house—I consider from the way in which my premises were entered that more than one must have been concerned, because the shutters were put up again, which could not have been done by one person inside—I presume some one outside must have put it up again, that the police might not see the
light in the counting-house—I consider tins mortar to be worth two guineas—this case of instruments was also taken from my premises.
GEORGE MACKEY . I am a pawnbroker. I produce this case of instruments pledged by the prisoner Mason for 4s. on the 29th of October, in the name of John Williams, No. 20, Museum-street—he said they belonged to him.
GODFREY EVAN . (police-constable M 44.) I was shown the spot where Mason was taken into custody, on Winter and Rich's premises, and on that spot I found these three keys, which I have taken to Mr. Benbow's, and they fit the locks.
Wych's Defence. I am innocent of all the transaction.
MASON.— GUILTY . Aged 21.— Transported for Fifteen Years.
WYCH.— GUILTY . Aged 57.— Transported for Seven Years.
Before Mr. Recorder.
JAMES YOUNG . I am shopman to Mr. Hickinbotham, a pawnbroker, in Charlotte-terrace, New-cut. On the evening of the 17th of November the prisoner pawned these two lamps in the name of Moore—I gave him a duplicate, which I have since seen in Pearson's possession.
(Property produced and sworn to.)
GUILTY . Aged 21.
GABRIEL SHIRE TREGEAR . I am a print and music-seller, in Cheapside. On the afternoon of the 19th of November, I was in my shop, and heard a noise in a small passage adjoining the shop—on opening the door I saw the prisoner walking out with these pictures in his hand, which had been hanging up in the passage—he was just turning towards the street with them—I seized him, and gave him in charge.
Prisoner. I solemnly declare they were never in my possession, and I had no intent to steal them; I stood at the door with an umbrella in one hand, and a bag in the other; he came out, and said, "Oh, I have caught you at last, I have lost a great number of them;" he never saw them in my hand. Witness. I took him into the shop with them in his ha