CENTRAL CRIMINAL COURT.
SECOND SESSION, HELD DECEMBER 14TH, 1840.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, December 14th, 1840, and following Days.
Before the Right Honourable THOMAS JOHNSON , LORD MAYOR of the City of London; Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Claudius Stephen Hunter, Bart.; Matthias Prime Lucas, Esq.; Charles Farebrother, Esq.; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; John Lainson, Esq.; James White, Esq.; William Magnay, Esq.; John Johnson, Esq.; Sir George Carroll, Knt.; and Sir James Duke, Knt.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
JOHNSON, MAYOR. SECOND SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**), that they have been more than once in custody—An obelisk† that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
First Jury, before Mr. Recorder.
JOHN GREYGOOSE . I am a pawnbroker in partnership with my father, in Crawford-street, Marylebone; the prisoner was our foreman. In consequence of suspicion, on Wednesday morning, the 2nd of December, I required to have his boxes searched—he opened them with his keys, and turned the things out himself—I found all account-book among them, and asked if it was the property of Mr. Marchant, who he formerly lived with—he said it was—I asked if it was a book that was of service to Mr. Marchant in his business—he said it was—I asked if Mr. Marchant had given it to him—he said, "No"—I asked if he had taken it from his house—he said, "Yes"—I sent for Mr. Marchant, and the prisoner was given into custody.
Cross-examined by MR. PHILLIPS Q. Was it in this state when you found it? A. Yes—the covers are off—here is half a cover, and half another cover—there was nothing in his boxes claimed by me.
JOHN PHILIPS . I am a policeman. I was sent for to Mr. Greygoose's—I took the prisoner and received this book—I asked the prisoner if he understood the charge—he said he did, but he hoped Mr. Marchant would forgive him—Mr. Marchant was present.
THOMAS MARCHANT . I am a pawnbroker, and live in High-street, Borough. The prisoner formerly lived with me for nine months as shopman, and kept my books—he left six months ago—this is my book, and a great portion of it is in the prisoner's hand-writing—when I lost it, it was in a perfect state, and there was room for further entries—it had not been gone through—I first missed it on Saturday, the 18th of January last, and considered it was stolen by parties coming to the shop—it contained entries which were very important in my business—we have no duplicate of the book—it is the only check we might have on servants as defaulters—we lose the check on things going out, and entries that may be made in the book which were not really bona fide pledges—pledges might be entered in the book by persons in the prisoner's situation when no money
was advanced—it ought to contain an account of articles pawned up to the 18th of January, for about six months previous, the money lent, and the articles as they are redeemed to be crossed off, and the money paid on them—if an article were pawned for 10s., and 5s. more were advanced, it would be re-entered 15s., and this book would contain that entry—without it I could not tell what had been paid to redeem articles.
Cross-examined. Q. What do you say about things being crossed out? A. If an article is redeemed, it should be crossed out—you will see in the margin of the book the dates—it was principally the prisoner's duty to cross them out, but the book being lost, nothing redeemed afterwards could be crossed out—it is not crossed, but a date put before it, meaning the day they are redeemed—I had a very good character with the prisoner—the book was found before I arrived at Mr. Greygoose's—my shop is full of valuable articles.
COURT. Q. The loss of this book would prevent your having any check for the money the prisoner received or paid? A. It would—when it was lost he appeared to be as concerned as the rest in the shop, and hunted for it—he is the last person I should have suspected—I have no check on the money paid out or brought in but this.
MR. PHILLIPS. Q. Do you keep only one book? A. One for this description of pledges—it is the real entry made at the time—the prisoner was ordered to take up every pledge, and enter it—there is no book in which pledges are entered as they come in but this; but when pledges are taken in, a number is put on the duplicate, and in order to avoid a little time we write down, "Coat such a number," and when the party is gone we collect the articles and enter them in the book—he took it to avoid my detecting his plundering me.
Q. Has he plundered you? A. I cannot enter into that—I gave him an excellent character when he left—I have four others in my shop.
COURT. Q. What would the book cost? A. About 6s.—it is much more valuable to me after the entries are made.
JOHN GREYGOOSE re-examined. I cannot positively say which box it was in—he brought his boxes down, with assistance, and turned them out in the parlour—there were two boxes and a carpet bag—he produced his keys, and pretended to unlock the boxes—I do not mean to say I saw him unlock them, but he produced the keys before the articles were turned out.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
JOHN CLEMENT . I am a constable of the London Docks; the prisoner was an extra labourer there. On the 28th of November, about one o'clock in the day, he passed me on the north quay, coming direct from the indigo warehouses—his hat was unsteady on his head, I followed, stopped him, and asked if he had any thing in his hat—he said, "Nothing"—I asked him to take it off, he refused, and I took it off for him, and found in it this indigo, which I produce—I asked how he came by it—he at first said,
"Why, I really don't know how I came by it"—he then said his hat was standing in the cellar, and he put it on, but did not know it was in it—it was loose in his hat, there was nothing between it and his head.
Cross-examined by MR. PAYNE. Q. Was it in pieces as it is now? A. Yes—he had a moderate sized hat—he was not constantly employed, and had not been employed that day—he had 2s. 8d. a-day when at work—I never saw indigo thrown about by the men.
WILLIAM KEEN . I am foreman of No. 1 warehouse in the London Dock; indigo of this description is kept there. On the 28th of November I met the prisoner on the stairs, he had no right there—I asked where he was going—he said, to put his smock-frock and apron by—I said he had better make haste, for it was improper—he was going towards where the indigo is kept—I think he had his hat on, but I am not certain.
Cross-examined. Q. How long have you known him? A. About eight years—he has been employed off and on during that time—his wife was burnt to death, and left him with a family of small children—he was in great distress at the time he did this—I have not seen indigo thrown about by the men, particularly.
JAMES GODDARD . I am manager of the indigo in the London Dock—there is indigo of precisely this description in No. 1 warehouse, but there being such a considerable quantity open for show, it could not be missed—the prisoner had been employed there the day before.
GUILTY. Aged 46.—Recommended to mercy .— Confined Three Months.
248. WILLIAM STEWARTSON was indicted for stealing, on the 3rd of December, at St. Andrew-by-the-Wardrobe, 1 purse, value 6d.; 1 guinea, 1 crown, 5 sovereigns, 2 other crowns, 6 half-crowns, 15 shillings, and 5l. note, the property of Edward Stewartson, in his dwelling-house.
EDWARD STEWARTSON . I live at No. 33, St. Andrew's-hill, Doctors' Commons, in the parish of St. Andrew-by-the-Wardrobe; the prisoner is my son; he slept with me. On Thursday morning, the 3rd of December, I called him up at eight o'clock—I got up at nine—I found he had left the house, and my bureau, which I had locked over-night, I found open—I missed from it a 5l. note, five sovereigns, a guinea, and a crown-piece, which I have had upwards of fifty years—I also lost a purse containing 2l. worth of silver from my trowser's pocket by my bed-side—my purse was in one pocket, and my keys in the other—I found the keys in the bureau—on Sunday morning, between twelve and one, I was called to the station, and saw my son in custody—I cannot say positively whether I said any thing to him about the money, or whether I heard him say any thing about it, I was so agitated with one thing or another.
ALFRED SHEPHARD . I am a bookbinder, and live in College-square, Doctors' Commons; I know the prisoner. On Saturday, the 5th of December, I saw him in the Surrey Theatre—I had heard of the robbery on the Thursday—I followed him out, over Blackfriars-bridge, I then called him by name, and asked how his father was—he said he was better—I told him I had heard of the robbery, and that his father was behind me with a Bow-street officer—he said he did not care for his father, or the officer either—I gave him into custody—when the policeman first took him he got away—I followed and stopped him—when he was seized he immediately pulled out a pistol, and attempted, I imagine, to fire it off, but the policeman came up at the time—I saw him take it out of his pocket, and
hold it in front of him—I did not hear any noise, as if he attempted to fire it off—I took it from him—it was loaded—he had another about him, also loaded—at the station his father asked him if he had taken the money—he said, "Yes, all but the crown-piece"—he said he had taken the note into the Borough, but he could not tell where.
Prisoner. It is a false statement.
HENRY ROE (City police-constable, No. 356.) I saw the prisoner at the corner of William-place—when he saw me he ran into King Edward-street, and I there took him by the arm—he said he would go quietly, which he did till we got to the top of Farringdon-street, he there slipped from me, and ran down Farringdon-street—he was overtaken by Mr. Shepherd—I came up and took him by the collar of his coat—he pulled out a pistol, pointed it, and said, "Now," and snapped it, but there was no percussion cap on—it was loaded to the muzzle with grape-shot—he had another pistol about him, also loaded to the muzzle, the same as the other—he had also a flask of gunpowder, a box of percussion caps, a bullet mould, three sovereigns and a half, one shilling, a sixpence, a 4d. piece, and a half-penny—he said at the station that he took the money from his father, but not the crown-piece.
THOMAS HOLLOWAY PEARCE . I am apprentice to Thomas Cursley Baker, a pawnbroker in Farringdon-street. On Thursday or Friday week, I do not know the day of the month, I sold these pistols, percussion caps, and things to the prisoner—he paid me three sovereigns, and I gave him 9d. out—that was the price they were marked at in the shop—Mr. Baker was out, and I was serving.
Prisoner's Defence. My father asked me at the station what I had done with the crown-piece?—I said I did not have it—I did not say any thing about stealing the money—I did not own to it—I merely did not deny it, and from that the witnesses conceive that I admitted the robbery—I got up on the morning in question about half-past seven o'clock, and did not leave the house till past eight—my brother was then awake—I slept in the same bed with my father—it was not a very probable matter for me to take the keys out of my father's pocket, and go to the bureau while he was awake, and within two yards of where he was lying.
GUILTY .* Aged 17.— Transported for Fifteen Years.
249. MARY PICK was indicted for stealing, on the 1st of December, 1 tray-cloth, value 1s.; 3 napkins, value 3s.; 3 towels, value 3s.; 2 yards of ribbon, value 18d., and 1 slide, value 1s., the goods of Ann Cole, her mistress.
MR. PHILLIPS conducted the Prosecution.
ANN COLE . I rent the upper part of a house in Regent-street—I let portions of it furnished—the prisoner came into my service in the early part of September—in November I missed some things, among others, the articles stated—I spoke to the prisoner about it, and she said she had not got them. On the 1st of December I gave her warning, and gave her leave to go out and look for a lodging—on the Wednesday following, in consequence of what I heard, I went to the house of Mrs. Crow, and there I saw a tray-cloth which I recognised as mine—I went from there to the station, and saw the prisoner there—the constable took the tray-cloth—I said to the prisoner, "Mary, this is the tray-cloth I asked
you for repeatedly"—she said it was hers, and that she had had it three years—she then said to the inspector that she had purchased the duplicate at her last lodging three months previous—she gave the keys of her boxes to the constable—I saw them searched—Mrs. Crow was present, the prisoner was not—the boxes were locked—I found in them some ribbon, table napkins, towels, and part of a jack-towel which had been cut up.
Prisoner. After I had been with you a month, when Miss Frisby, one of the lodgers, was going away, you asked me to collect all the napkins and towels, to see if they were all safe—I did so—you said there was one wanting—I went down stairs, but did not find it—next day I found it down stairs, I brought it up, and you then said all your things were quite right. Witness. That did occur, but it was subsequent to this—I did not receive all the towels and cloths—part of them were kept back—I did not ask for the jack-towels, because those things were in use in the kitchen—if you washed out any kitchen cloths, you kept them down stairs—I was not in the habit of seeing them brought.
Prisoner. I asked for a clean towel, as I had nothing for use, but she would not give it me, and I had to take my own towels and use them—she gave me some tea cloths, and I sent them to the wash with my own things, and when the woman brought them home, why not claim them?—we had another lodger, a Captain—I had the care of his plate—Mrs. Cole had no plate, it was all German silver—the Captain was only a fortnight in the house—he left through Mrs. Cole's ill conduct, he would not stop when he was told that she was a kept lady—a lady and gentleman named Wells lodged with her—he saw her gentleman go down one morning very early, and asked me if it was the case—I said I did not know, but if it was, I would not stop—next morning, mistress sent me out for a Seidlitz powder—I took it up into her bed-room, and this gentleman was in bed with her—I told the lodgers of it, and gave her notice to leave—the pieces of ribbon Mrs. Cole gave me—the other things I bought the day I left—before my boxes were taken away, I came up to my mistress, and said I was ready to go when she paid me my wages—she said she missed a knife—I searched every where for it, but could not find it. Witness. I found her to be a very malicious creature, and making very false statements to the lodgers, and in consequence I had her up, and she said it was not her—I afterwards found it did originate from her, and she then said, "Rather than have any more confusion, we will part"—I said, "Very well, this day month"—she gave me warning—I never gave her the ribbon, I positively swear—I missed several knives and forks.
REBECCA CROW . I am the wife of Thomas Edward Crow, and live at No. 16, North-street, Marylebone. On Tuesday, the 1st of December, the prisoner came to hire a lodging of me—she left, and said she would come in the evening—she then brought me a bundle containing some things damp, and asked me if I would take care of it—I afterwards opened it, and found in it three napkins, and a jack-towel cut in three, all apparently very wet, but I am not quite sure—next morning she asked for the towels and said they were not hers, she was going to take them home—I gave them all to her as I supposed, but the tray-cloth had fallen down behind the arm-chair, which I did not see—in consequence of something, I gave notice to Mrs. Cole, who came to my house, saw the tray-cloth, and claimed it—I saw the constable open her boxes the same night, and in them were found the same napkins she had taken from me in the morning, the
jack-towel, two other towels, two pieces of ribbon, and a gilt slide—I saw them all taken out—before they were found, the prisoner said to me at the station, "The towels that you have of mine, I have had these three years, and there are more in my box—they were in pledge last February twelve-month with a silk handkerchief."
Prisoner. The night I left my place I engaged this lodging; I had these towels washed; I gave them to Mrs. Crow to take care of; next morning, when I asked her for them, she gave me five; I said there was another; she said she did not know where it was, she would look; she afterwards met me on the stairs, and said, "Here is your towel;" I said, "Be so good as keep it till I come back;" when I returned, a policeman was there; Mrs. Crow said, "This is the young woman you want;" I said, "What do you want me for?" he said, "You are accused of stealing a table-cloth;" I said, "Where is it?" he asked for the towel; I said, "That is my own, and I have five more in the box;" I gave up the keys, and said, "There is nothing in the boxes but what is my own;" I said I had had the towels three years, and before I bought the duplicate of them they were in pledge thirteen months.
JOHN COOTE (police-constable D 41.) I searched the prisoner's boxes on Wednesday evening, the 2nd of December—the prisoner was then in custody—I found all these things in the boxes except the tray-cloth—Mrs. Cole and Mrs. Crow were present, but I took them out—I opened the boxes with the keys the prisoner had given me—I found the gilt slide at the bottom of the box—no one put their hands into the box but me—Mrs. Cole and Mrs. Crow were standing two or three feet from it—no one could have put any thing in while I was searching it without my seeing it, and I am positive no one did—I took the things to the station, and showed them to the prisoner—she said the towels and napkins were hers, she had had them three years, (I am sure she said that of all the cloths,) and the ribbon her mistress had given to her—the gilt slide was not mentioned to her—I have had these things in my possession ever since the Wednesday when I found them.
MRS. CROW re-examined. Q. How did you know where to send information to Mrs. Cole about the prisoner? A. I asked the man who brought her boxes, and who she said was her brother, where she came from, and he told me, "No. 262, Regent-street"—I asked the prisoner where she came from, and she said, "Regent-street," but I did not hear the number, and that made me ask the man—she did not mention Mrs. Cole's name—I never asked her the name.
Prisoner. I did tell her the name and number; Mrs. Crow followed me to my mistress's, and when I came out she saw me, and smiled at me, and my friend who carried my boxes said he saw her too. Witness. It is quite false—I never followed her, nor ever went out of my own door—I did not go to Mrs. Cole's till eleven o'clock next morning, when, seeing the fish-napkins, I went to inquire about the prisoner's character—I told her that I was very particular who I took in, for last Sessions a woman was tried who had brought stolen property to my house, and I was frightened.
MRS. COLE re-examined. I never saw Mrs. Crow till she came to inform me about my things, the morning after the prisoner left me, from eleven to twelve o'clock—(looking at the articles)—I know this tray-cloth—it was a table-cloth, but was cut in two, and I have brought the remaining part with me—they are both marked exactly the same—it is a W, which I call the
laundress's mark—if I do not see it on when things go to the wash, I put it on, that the laundress may know my things.
Q. Then, if the prisoner had any linen washed while with you, they would get that mark as well? A. Yes, but she did not send towels—I know this by the hemming also, and by the particular way in which it is cut—it is the same quality and pattern as the one I have brought from home—it is exactly the same thing—these napkins I speak to, I know them by the fish marks—they are fish-napkins—here are stains in them, and here is the washerwoman's mark—they are the same pattern as those I have at home—they are very common things, but I know them to be the same—I had twenty-four when the prisoner was with me, and I now have only twenty-one—this one more especially I can swear to, by its not being hemmed neatly at the corner—I had one hemmed so—this towel was a jack-towel cut in three—I had only bought two a very short time before—these did not go to the wash—they were kitchen towels—I stitched "Cole" on them—the mark has been picked out of the one found in the prisoner's box, but the "e" remains stitched in silk—these three pieces together measure exactly the same as the one I have brought from home—the jack-towel is worth about 18d., and the other things about 8s.—I missed the jack-towel the night she left—I had not seen it for some days before—I thought she had it in use—it was called one towel before the Magistrate—it is not true that any person was in my bed—the prisoner reported that I was kept by a married man with three children, that I was a very bad woman, that I got intoxicated, and came home at all hours of the night, but it is not so, decidedly not—a gentleman is paying his addresses to me in an honourable manner, and she chose to take this into her head—I spoke to her about her maliciousness—she has very much traduced me, and in consequence of that I told her she should leave my service—the slide and ribbon are not here—the policeman left them in her box.
Prisoner's Defence. I told Mrs. Cole that I must get time to wash my own things before I left; she said, if I would get them ready and bring them to her, she would send them to her washerwoman for me; I brought her up a cap and one of these napkins, and when the woman sent them home they were marked with the "W" in blue cotton—when the lodgers made a piece of work about Mrs. Cole and this gentleman, they had me up—this gentleman said I was telling falsehoods, and he did not think I knew it; he said, "Mary, I think you are doing a great deal of mischief, it is very wrong;" I said, "How sir?" he said I had told Mr. Wells, and the whole of them of it—I said I could be on my oath I had never named it to any one in the house; he said Mrs. Cole meant to have them all up to clear her character; I said, if he had me up it would not be very pleasant for either party; Mrs. Cole said, "Why? and I said, "I saw Mr.——in bed with you one morning;" Mr.——said, "Do you mean that?" I said, "Yes;" he asked if I had not told any one of it, I said, "No;" he advised me not to speak of it, and said Mrs. Cole had said she was very sorry I was to leave her, for I was a very faithful servant; he said, "Mary, promise you won't speak of it, and let the scandal go no further;"—he gave me half-a-crown, and I promised before I left the room that I would never speak of it any more.
Q. Look at them carefully, do not speak hastily, do you mean those now in Court? A. She had these—out of the lot I picked out three, and spread them on my fruit stall, and if the gentlemen look at them they will see the stains of the fruit—she had six towels, and out of the six I picked three of the largest out—this is one of them—I know it because I picked three of the largest out—I do not know whether there are any stains upon this—I do not know whether they are not washed out—it is three years ago that I used them—I do not know whether they have kept the stains—I fell out with the prisoner, she said I had taken one, and made it into a pinafore for the child, and I never spoke a word to her till about a twelve-month ago.
Q. Point out how you know the towel you have been looking at? A. I do not know—I know I used three of the largest she had, and stained them with the fruit, but she has often washed them since—they were hardly stained, they had very little stains on them—hers were three diaper ones, two small, and the other larger—I can prove these are three of the largest diaper ones—I have no mark on them—I know nothing about the quality or making of them—these are the same—this one is the largest of the diaper ones—that is the one I recollect—there are two one pattern, and one another pattern, and that was the case with the towels she had—they were quite new at that time—I can prove these three to be the same—I do not know the coarse towels—I did not take notice of them.
MR. PHILLIPS. Q. You commenced by swearing there were stains of fruit on these towels, and if the Jury looked at them they would see them there? A. I do not know for this time, but at the time I gave them up to the prisoner they were stained—they would be there if she did not happen to wash them out—they were very slight stains at first, because I was afraid the prisoner would see them, and I sent them to the wash, and had them mangled, but they did not come out then—they were stains of ripe berries, red berries, gooseberries I mean, I forgot the name at first—I do not see any stains of fruit on these—I am no scholar, and could not tell whether there was any letter on them—if there were twenty marks I could not tell—if there were letters on them I should not have observed them—I never noticed a "W" on them—this one is soiled, I cannot swear to it—I see no stain on it.
COURT. Q. Are they such as she had, in quality and appearance generally? A. Yes.
MR. PHILLIPS. Q. How was it you took such notice of them? A. Because she said I had kept one from her, and we fell out about it—I noticed them in consequence of that—I have not seen them for three years till now—I did not go before the Magistrate—I did not swear to them before I looked at them—I could swear to them without seeing them, because they are stained, except the prisoner washed them.
MRS. COLE re-examined. This jack-towel is now in three pieces—it was called one towel before the Magistrate—this fish-napkin, with a hole in it, is stained—it is not a diaper one.
MARGARET BUTLER continued. I know this one, because it his a large branch or flower, and the others were smaller—I swear positively to this—I swear I took the cloths up in my hand before I swore to them to-day.
Q. Do you mean that you took the three up in your hand, and looked at them, before you swore to them? A. No, not before I swore to them—I could swear to them without looking at them.
COURT. Q. You had seen in the prisoner's possession three napkins, part of six? A. Yes—one of them was large, and two were smaller, and two were of different patterns to the others, which is the case with these—I did not take one of them to make a pinafore of—she said I did, but she had it in her box—my attention was called to the pattern and appearance of these things, because I was charged with having taken one.
CATHERINE BUTLER . I am daughter of the last witness. I remember the prisoner having some towels—I hemmed three for her after she left her place at Mr. Nicholls's, in the Strand, about three years ago—these are the three—I can swear to my own work—they are coarse towels—one side of them was not hemmed, because I had not time to do it, and she put it into her box, and here is one with one side not hemmed, the other two are complete—these are my own work—they were new when I hemmed them three years ago.
MR. PHILLIPS. Q. Do you mean deliberately to swear that these are the three towels you hemmed three years ago? A. Yes—I was living with my mother at the time—she saw me hemming them—no, she was out with the stall that day, as my father was tipsy—I hemmed them all the same day; I was going to my place that night, and had not time to hem this side—I am sure that was the reason.
Q. Why say just now it was because the prisoner took them away in a hurry? A. She had some caps to quill up for me—she did not wish me to lose my place—she and my mother had a fall-out—I always spoke to her—I have no feeling against any one in this case—I have not threatened, since I have been in Court, to give Mrs. Crow a good hiding the moment I get out—I have not spoken a word to her, and if I saw her I should not know her—I will swear I never said so—I was to be at my place at seven o'clock the evening I hemmed these towels, but I did not go till a quarter after eight—my mother carried my box—I did not tell her I had hemmed the towels—I do not know these diaper ones—I only saw some in the prisoner's box, but I should not know them again—I never took notice of them—I do not call these towels new—I cannot tell whether they have been washed—I only hemmed two sides of each, not the four sides—I saw them about five months ago, when the prisoner lived at Mrs. Grogen's, No. 12, Gee's-court—she took me there to tea one Monday, and as she was pulling out her things, to put on her shawl to go out, I said, "Here are these towels, Mary, that I hemmed," and she said, "Yes"—my mother was not there—I did not tell her of it—I did not go before the Magistrate—I should know a hem that had been ironed or mangled—(looking at one of the towels)—I do not know whether this hem has been ironed or mangled since it was hemmed—I cannot say—I do not think it has—they have been washed since I hemmed them—some persons iron towels and napkins after washing them, and some do not—there was no letter on either of them when I hemmed them, that I know of—I did not notice it—I hemmed this side, but I did not take notice of that letter—(this was the towel with but one side hemmed; the letter "E" was on the unhemmed side, and close to the edge.)
JOHN SHIELDS . I am a watchmaker, and live at No. 83, Great Marylebone-street. The prisoner came into my service about the 22nd of November, 1838, and lived with me one year and ten months—I know but little of her towels further than she had such things, which I saw the day after she left my service, when she was taking away her things—there were
different sorts, but there was one which I asked a friend of mine what it was called, and she said, "A damask towel"—I likewise saw another, which had the letter "W" in the corner—I said that was not one of the initials of Mary's name, and the next time I saw her I asked her how it came to be marked so—she said, as she could not read, all her things were marked in that way, and she showed me a pocket-handkerchief and a cap, which were marked in that way—I am single—she sent a strange woman to take her things away, and not liking to give them to a stranger, I requested a friend of mine to take an inventory of her things, and my friend had one in her hand which was a damask one—I said Mary had excellent things, but I did not know she had such things—it had a "W" in the corner—(looking at one)—that is the kind of towel, but that this is the same I could not swear—it has precisely the same sort of mark—I gave her a character to Mrs. Cole—she left me because I considered her temper rather hasty, and she said if I chose to pay her she would leave immediately—I told her she might go—I gave her a character, as being hasty, but as for honesty, sobriety, and such like, I never had her equal—one of Mrs. Cole's lodgers would have been here, but he is in Paris—I have two letters from him, and one letter of Mrs. Cole's to him.
MR. PHILLIPS. Q. The prisoner did not give you as a reason for the "W" being on her things, that she accidentally sent her things to the same washerwoman as Mrs. Cole? A. No—it was before she went to Mrs. Cole—she said all her things were marked in that manner—she did not say it was a "W"—she said she could not read—I did not go before the Magistrate—I did not know of this till Mrs. Cole informed me of it.
RICHARD LUBE . I am a labourer, and live in Barrett's-court, Manchester-square. I moved the prisoner's box from Mr. Shields to the prisoner's lodging, at Mrs. Grogen's, No. 11 or 12, Gee's-court—I did not notice what was in it, but a policeman, No. 151 D, did—he is not here—I have not had time to find him, being only informed about it late this afternoon—I was at Marylebone Office when the policeman came there for the box, and they thought I could find him, but I have not had time to do so.
MARGARET BUTLER re-examined. I was out the day my daughter hemmed the towels—I remember her having to do some work for the prisoner, but I do not know what it was, because I am out every day of the week—she was doing work regularly for the prisoner—I did not wash for them—the hem of these towels is very thick—I do not know whether it has been ironed since it was washed—it would take a very heavy iron to lay that down—I think there has been an iron to it—it is usual to iron things of this sort, or mangle them—this does not appear to have been mangled.
REBECCA CROW re-examined. Since I have been in Court, the witness, Catherine Butler, touched my elbow, and said, "I will give you a good hiding when you get out"—I instantly told the policeman of it—he said something to her, and she nodded consent to it, and laughed—it was almost directly after I had been examined—I never saw her before.
MRS. COLE re-examined. This letter produced by Mr. Shields is my writing—I wrote it to one of the persons who lodged at my house—I have not found any towels of the prisoner's left behind similar to these, which she might mistake for hers—my washerwoman's name is Allen—the "W" is a mark I have used for years—it is put on every thing—the laundress
occasionally puts it, if she finds I have not done so—this tray-cloth is made out of a table-cloth cut in two—here is the other part—I hemmed them and marked them both myself—the prisoner's things never went to the laundress, except three caps.
GUILTY. Aged 25.—Recommended to mercy by the Jury and Prosecutrix . Judgment Respited.
NEW COURT.—Monday, Dec. 14th, 1840.
Fifth Jury, before Mr. Common Sergeant.
JAMES COWMEADOW . I am in the service of John Robert Butler—the prisoner was likewise in his service. On the 11th of December I lost some wood like this—I can swear to this piece—I had been using wood of this sort.
GEORGE FELTHAM . On the 11th of December I met the prisoner on the road to Hillingdon, carrying a basket of carpenter's tools—I saw his pocket sticking out, and in it found these three pieces of deal, and these two pieces in the basket—I asked where he got them—he said, "Down at Hillingdon-end," and then he said, "At some new buildings"—they were odds and ends cut off—I went down to Cowmeadow, who claimed them.
Prisoner's Defence. I had made a cart for Mr. Mann, and these were the odds and ends I had left, I carried them to Hillingdon, and put them into my pocket; the policeman asked me what I had got, I said, "Some bits of wood;" I had worked for different people.
GUILTY . Aged 58.— Confined Two Months.
JOHN STULTZ . I am a tailor, living in Saville-row, Burlington-gardens—the prisoner was my footman. On the 4th of December, from some circumstances, I sent for a policeman to search his boxes—they were searched in my presence, and these two plates were found there—they are mine—(produced.)
Cross-examined by MR. PHILLIPS. Q. Have you got any partners? A. Yes; but these plates were my own property—there were no apples or fruit of any kind in these plates when they were found—the prisoner had been absent all night—he got tipsy, and was fined 5s. for being drunk—I am not aware that there were any remains of the liquor on him when he came back—he came to me from Mrs. Francis Rickards in Queen Anne-street—I got a good character with him—he had plate to a considerable extent in his care—these plates might have been used the evening before.
Cross-examined. Q. How did you get this box open? A. The prisoner took the keys from his pocket, and unlocked it in my presence.
NOT GUILTY .
ROBERT MARSHAM . I keep the Earl Grey beer shop in St. George's-place, Holloway. I was gathering my pots on the 1st of December, and caught the prisoner taking this pot off the railings, and putting it under his flannel jacket—I stopped till he came up to me—I said, "Young man, you have got some pots of mine"—he said, "No, I have not"—I opened his jacket, and this pot was under it—I said, "What are you going to do with this?"—he said, "To have some water"—I gave him into custody.
JAMES ALLEN . I saw the prisoner going down George's-place, after he was stopped by Mr. Marsham—he took this pot from his hat, and threw it into a garden—I went and got it, and gave it to the officer—I am sure I saw him do it.
Prisoner's Defence. I was going about some work and was thirsty, and took this pot to get some water; I never had the other pot, Marsham must have seen me if I had.
GUILTY . Aged 19.— Confined Three Months.
253. RICHARD YOUNG was indicted for stealing, on the 23rd of November, 1 1/2 lb. weight of leather, value 2s. 9d.; 1 pair of shoes, value 2s. 3d.; 1 apron, value 1s.; and 1 handkerchief, value 3d.; the goods of George Wood, his master: also, on the 24th of November, 1 cane, value 2s., the goods of Luke Wooten; to which he pleaded
GUILTY . Aged 15.— Transported for Seven Years.
GUILTY . Aged 25.— Confined Four Months.
JOHN JEREMIAH PAYNE . On the 1st of December I was standing in Leicester-street—I felt something at my coat pocket, and lost my pocket handkerchief—the prisoner was close by my shoulder—I collared him, and gave him into custody—this is my handkerchief, and the one I lost.
JOHN ERSKINE (police-constable C 81.) I received the prisoner in charge, and searched him, but found nothing on him—I asked him about the handkerchief, and he said he had not got it—I then took him to the cell, and desired him to strip himself—I saw him take this handkerchief from under his shirt, and throw it under the bench.
Prisoner's Defence. I did not take the handkerchief; I saw it down, and two boys ran and took it up, and put it into my breast.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Three Months.
256. ALFRED BURFORD was indicted for stealing, on the 26th of November, 1 pair of compasses, value 15s.; 1 spirit level, value 15s.; 1 diamond, value 7s.; 1 shirt, value 3s.; 2 pairs of stockings, value 4s.; and 1 case of surgical instruments, value 15s., the goods of Francis Giles; to which he pleaded
GUILTY. Aged 22.—Recommended to mercy .— Confined Five Months.
PHILLIP STIBER . I am in the service of Zachariah Richard Catchpole. On the 1st of December, I saw the prisoner come past the shop—she had her hand on a piece of pork—she saw me and went away, but came back at half-past one o'clock, and took half a ham and put it under her shawl—she then came into the shop, and called for a quartern of shilling butter—before I served her, I asked her what she had under there—she said, "Nothing"—I lifted up her shawl and saw the ham—I took it from her and gave her into custody—it was my master's ham.
GUILTY . Aged 20.— Confined Two Months.
MARY ANN HUNTER . I am the wife of William Hunter, living in Charles-street, Somers Town. On the 30th of November, the prisoner came to my shop for a pair of worsted gloves—I showed him some which came to 9d.—he tried on one, went to the door to call a person—he came back to the counter and put on the other, went to the door again to look for a person, and ran off down York-buildings—my daughter ran after him, calling "Stop thief"—he was taken and these gloves found.
MARY HUNTER , Jun. I saw the prisoner come into the shop—when he went out I followed him—I ran after him—there was no other man there—I ran till he was caught by my father first, the policeman took him from him.
Prisoner's Defence. I was going home—I saw a man run down Charlton-street—I pursued him, and as I ran up Southampton-street a gentleman stopped me, and I was taken—I know nothing of it.
GUILTY .* Aged 22.— Confined Five Months.
THOMAS JOHN MORGAN . I am clerk to a gentleman in Bond-street. I lost this coat, pair of gloves, and handkerchief from the office—I did not miss them till the policeman brought them back—they were safe at nine o'clock in the morning.
Prisoner. There was a young man with me—he happened to look back, and as soon as he saw the policeman, he gave me the bundle and asked me to carry it to James-street. Witness. There was a man with him, but the prisoner had the bundle when I first saw him—the other ran away—he did not tell me that the other told him to carry the bundle to James-street, till after I took him there, and I found it was incorrect.
GUILTY . Aged 17.— Confined Five Months.
OLD COURT.—Tuesday, December 15th, 1840.
Second Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 66.— Confined Six Months.
THOMAS HARRIS . I am in the service of Walter Robins, of Lisson-street, Lisson-grove. The prisoner was our journeyman for six or seven months—he came from the country—I saw him behind the counter, near the till, putting the bread in the window—I afterwards went to the till, and missed half-a-crown, which I had seen there about five minutes before—I said either him or the other baker had taken half-a-crown out of the till—he said he did not—I called to the young man, and asked him about it, but the prisoner called out to him, "Hold your tongue," and then the other did not speak—at last the prisoner gave me the half-crown out of his watch-pocket, and said, "Here is the half-crown"—I told my mistress.
Prisoner. I should like him, to produce the half-crown. Witness. I put it into the till again.
JOHN MANNING . I am a policeman. On the 3rd of December I was called to take the prisoner—I asked if he knew what he was taken for—he said, "No"—I said it was for stealing half-a-crown from his master's till—he said he knew nothing about it, but at the station he said he gave it back again to the boy after taking it—at the office the Magistrate asked how he came to take it, he said he had but 6s. a-week, that his master gave him warning, and he took it to pay his travelling expenses.
Prisoner's Defence. Master gave me low wages, and I was a great way from home.
GUILTY . Aged 18.— Confined Two Months.
262. CHARLES BARRETT was indicted for feloniously breaking and entering the shop of Thomas Massey, on the 18th of September, at St. Michael-on-Cornhill, and stealing therein, 1 chronometer, value 35l.; 6 watches, value 20l.; 4 pencil-cases, value 5l. 16s.; 4 breast-pins, value 3l.; 5 rings, value 4l.; 2 time-pieces, value 6l.; 12 brooches, value 4l.; 1 staff, value 3l.; 1 horn, value 5l.; 2 watch movements, value 1l.; 1 eye-glass, value 2l.; 4 watch-hooks, value 2l.; his property; and that he had been before convicted of felony: and ROBERT CLEVELEY , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.: SARAH HIBBERT , for feloniously receiving 1 ring, part of the said goods, well knowing it to have been stolen; against the Statute, &c.; to which
BARRETT pleaded GUILTY . Aged 22.— Transported forFifteen Years.
MR. DOANE, for the Prosecution, declined offering any evidence against the other prisoners, who were accordingly
out of my house with these pieces of wood—he turned toward the Strand—I went and asked what he had got there, he said he was not going to steal it—I said it looked very much like it—he said he had been to ask for a job—I said, "Well, you have got a job, nobody authorized you to take that"—I collared him—he had taken it out of the passage—I did not know him—this is the wood—(produced.)
Prisoner's Defence. I was going up the court, and found the timber lying up against the wall; there was nobody there; I took it up, and intended to give it to the first policeman 1 met.
GUILTY . Aged 36.— Confined Three Months.
264. GEORGE RICHARD WILLIAMS was indicted for stealing, on the 31st of October, 1 crown, 6 half-crowns, 5 shillings, and 1 penny, the monies of Thomas Fisher, his master; also for embezzlement: to both of which he pleaded
GUILTY . Aged 14.— Confined Three Months.
NEW COURT.—Tuesday, December 14th, 1840.
Fifth Jury, before Mr. Common Sergeant.
265. ADAM KLINCH was indicted for stealing, on the 1st of November, 6 aprons, value 2s.; 5 sheets of printed paper, value 3d.; and 1 memorandum-book, value 1d.; the goods of Alfred Ceal: 3 towels, value 1s., the goods of Thomas Huxley: 1lb. weight of snuff, value 3s.; 2oz. weight of tobacco, value 6d.; 1/2lb. weight of tonquin beans, value 3s.; 149 canvas bags, value 4l.; and 3 tin cannisters, value 6d. : also, on the 11th of November, 24oz. weight of tobacco, value 5s.; and 2 1/4lbs. weight of snuff, value 8s.; the goods of Alfred Ceal and another, his masters; to all which he pleaded
GUILTY . Aged 61.— Transported for Seven Years.
266. JOHN POOL was indicted for stealing, on the 27th of November, 1 coat, value 2l.; 1 shirt, value 1s. 6d.; and 1 cigar-case, value 6d.; the goods of John Hall: 1 handkerchief, value 6d.; 1 brush, value 1s.; 1 razor, value 6d.; 1 purse, value 1s.; 1 scent-bottle, value 6d.; 1 stock, value 1s.; 1 shawl, value 6d.; and 1 buckle, value 6d.; the goods of John Edward Rood; to which he pleaded
GUILTY . Aged 17.— Confined Six Months.
267. GEORGE PARKER was indicted for stealing, on the 26th of November, 224lbs. weight of coals, value 4s., the goods of James Barraud and another, his masters; and EDWARD FLETCHER , for receiving the same, well knowing them to have been stolen; against the Statute, &c.
JAMES BARRAUD . I carry on business in Whitefriars; I have one partner. On the 26th of November I sent out a wagon of coals by Parker—there ought to be thirty sacks in three tons—they were all for Messrs. M'Dowall and Co., in Gough-square—Fletcher does not deal with me.
Cross-examined by MR. CLARKSON. Q. How long had Parker been in your employ? A. Nearly twelve months—it is usual to send two men with coals—Parker was accompanied by Cummings on that occasion—he has not been taken into custody—he is still in our employ—Fletcher lives
in a court about 100 yards from Mr. M'Dowall's—all the steps I have taken are from information from the police.
WILLIAM MURKWICK (City police-constable, No. 370.) On the 26th of November, between six and seven o'clock in the evening, I saw a wagon, loaded with coals, standing at the top of Gough-square—I did not look at the name that was on it—Parker was the driver of it—I saw Parker take a sack of coals from the wagon, and carry them down a court to Fletcher's premises—he shot them in Fletcher's presence—Parker then came out with the sack in his hand—I was standing by the side of the door—he pushed me back, and said, "Halloa, you long-sided policeman, what do you do there?"—he then went up King's Head-court, and Fletcher called, "George," who I understand is his son, and said, "Have you done your tea? make haste, and away with these coals"—the boy then came up into the shop, held up a bag, and Fletcher filled it with coals, but did not weigh them, and the boy carried the bag down to Shoe-lane—as I was going on my beat I met the boy coming back, and he asked if I had seen that man bring any more coals there—I said, "No, only that one sack," and he shot them—I was then going round my beat, and saw Parker with another sack of coals on his back, going in the same direction that he did before, but I did not see where he took them—I went on, and saw the other man taking coals out of the wagon to Mr. M'Dowall's premises—I do not know how many he took in there—after they were all shot, they were going home with the empty wagon, and Parker stopped me and said, "How are you? have you got any money?"—I said, "No"—he said, "We will have a drop of gin, but I suppose you don't dare drink?"—I said it was against our rules—he sent his mate for a quartern of gin, and I drank with them—he said, "You and I shall see one another another day; it is no use for such fellows as you and I to kick one another's shins, unless some one sets us on"—when I first saw the wagon it appeared to be full.
Cross-examined by MR. CLARKSON. Q. You suspected this was a roguish transaction? A. I did afterwards, when Parker said that to me while the other man was gone for the gin—it then occurred to me that there was some thieving about it—I did not see the wagon draw up to Mr. M'Dowall's premises—I do not know how many sacks there were in it—I will not swear that there were not thirty-two sacks in it—this was on Thursday evening—Fletcher told his boy to come and away with the coals.
Q. Upon your oath did you not state before the Magistrate that he said "Weigh the coals?" A. No, sir; he said, "Away with them"—I knew Fletcher before, as I passed his shop daily, that was all—I never used to sit and smoke a pipe in the corner of his coal-shed—upon my oath, I have not been in the habit of sitting there and smoking a short pipe—when the gin was brought, 1 suspected there was some roguery—I did not look at the wagon to see to whom it belonged—when Parker was taking a sack from behind the wagon, Cummins was shooting a sack of coals in Mr. M'Dowall's premises—I told my sergeant of this the next day—I went to the station at nine o'clock the same evening, but I did not say a word about it then, as I was not sure whether there was a robbery or not, and I wished to get every evidence—MR. M'Dowall is not here—I went with him and my sergeant to Fletcher's house to turn the coals over to see if we could find any which could be identified as Mr. Barraud's—that was
on Friday—I only went once—we did not take the prisoners into custody till Tuesday—I never had any misunderstanding with either of the prisoners—I had spoken to Fletcher—I staid at his house about ten minutes or a quarter of an hour on Friday, turning the coals over, but I did not take him into custody—I left it to my sergeant—I should have taken the men at first, if I had been satisfied any thing was wrong—I did not know what sort of coals were to be delivered at Mr. M'Dowall's—I know they were of a peculiar sort—I shovelled over the coals at Fletcher's by the direction of my sergeant.
Q. Did you say to any body that when your sergeant told you to shovel over the coals, it put you in such a fever you did not know how to contain yourself? A. No, I did not say that, nor anything like that, to any body—I did not borrow 1d. of any body—I know a beer shop kept by Johnson—I have been in there in my time, but I was not in there that night.
Q. Did you go to Fletcher's house that night, after you had had the gin? A. Yes; he called me, and I went just inside, the shop-door—I did not beckon any body out, and did not go with any body to New-street-hill—I will swear that—I did go to New-street-hill, and I there met the boy who went out of Fletcher's shop—he had then got an empty bag—there were other persons passing, but I met no one in particular—I met my sergeant in Gough-square, but I did not say any thing till the next day—I never was found by Fletcher in his coal-shed smoking a short pipe when I was on duty—I have not been on intimate terms with his son George—I have just spoken to him as I have been going about—I dare say we have been in public-houses together, but not that night—I think I have once or twice been in public-houses drinking with him in my time—I really do not know where the public-houses were—the first time is a good two months ago—it was between six and seven o'clock when the coals were taken to Fletcher's—I did not ask Parker what he was going to do with them, as Fletcher has coals brought there, I did not know but they were for him—I know I should have gone to Mr. M'Dowall's and ascertained it.
Cross-examined by MR. CHAMBERS. Q. How long have you been a policeman? A. Since last February—I have taken up a few persons, but never any one for felony—I have been on duty there for about five months—our sergeant visits us every hour—I cannot tell how soon he visited me after this occurred—I saw the wagon go away—I did not see any one count the sacks—I did not see any one belonging to Mr. M'Dowall's there—I kept walking on my beat, I did not stop—I saw part of the coals that were shot at Fletcher's put in the sack, and taken away by George, but some were left there—the next day, Mr. M'Dowall, Mr. Barraud, my sergeant, and I, went to examine the coals at Fletcher's—we considered that we examined them thoroughly—I have been in his shop to buy vegetables, but I never staid there ten minutes in my life—there was a light in the shop when the coals were carried there, and the next day when we went it was daylight—I turned them over, and they examined to see if they could find any of Mr. M'Dowall's—I had not been to Mr. M'Dowall's to see what sort of coals he had got.
THOMAS EAVES . I am a City police-sergeant. On the night of the 26th of November, between six and seven o'clock, I was passing through Gough-square, and through Johnson's-court, to Fleet-street—I saw Mr. Barraud's wagon—Parker was with it, and he said to me, "What, are you there? you are stuck in every corner like we are"—the wagon was then unloading
—the next day I went to Mr. M'Dowall's with the officer, but I did not measure the coals that were there.
NOT GUILTY .
JAMES RANCE . I live at Uxbridge, and am a sawyer. On Thursday he 26th of November I was at the Red Lion public-house, at Uxbridge—I met the prisoner there—she drank with me—I then had a pony chaise, and took her to her own house, in Wexham-street—that was about five miles—I had never seen her before—I put it up at the Plough public-house, which is close by her house—she left and was gone half-an-hour—she then came back, and said she would not stop at home, she would go back to Uxbridge with me—she got into the chaise, and I drove back to the house at Uxbridge—the landlord said, "The man has been at the expense of taking you home, and you shall not come in"—I went into the Red Lion, and sat down, and when I went to see the time my watch was gone—I had had it safe when I left the Red Lion—this is my watch—(looking at it.)
Cross-examined by MR. BALLANTINE. Q. What time did you first meet her? A. At half-past eleven o'clock—she was there drinking gin with a man I knew—I joined them—I suppose I sat there two hours, but I was not drinking the whole of the time—I went out—I was not drunk when I left the house, and I do not think she was—I hired the horse and chaise at Uxbridge, and drove to that place, which is in Buckinghamshire—I do not know how many miles it is from London—the watch was found at Eton, in Buckinghamshire—something occurred between the prisoner and me in the chaise, as we were going, about half-way between Uxbridge and the other place—I do not know whether it was in Middle-sex or Buckinghamshire—we then went on to the Plough—I had one pint of beer, while the prisoner was gone to take the key of her father and mother's house—I paid her half-a-crown—I did not give her the watch—I was not so drunk that I cannot recollect any thing about it.
COURT. Q. Had you the watch when you left Uxbridge with her? A. Yes, and when I came bark to Uxbridge I was not with her more than three minutes—the watch must have been taken before we came back—I cannot say whether it was taken when we stopped on the road—there was a house about a quarter of a mile from Uxbridge where we stopped as we came back—it might have been taken there—I will not swear I had it there.
ALEXANDERLEVY. I live at Eton, in Buckinghamshire. The prisoner brought this watch to me on Friday morning, about nine o'clock—I gave her 32s. for it—she said she brought it from a person who wished to dispose of it—I told her I did not wish to purchase it, she had better try some one in Windsor.
NOT GUILTY .
269. RICHARD LOBB was indicted for stealing, on the 30th of November, 4 pairs of stockings, value 1s.; 1 handkerchief, value 2s.; 1 card-case, value 2s.; 1 box, value 1s.; 1 scent-bottle, value 1s. 6d.; and 1 neck-lace, value 10s.; the goods of Charles Delmar.
CHARLES DELMAR . I am a woollen-draper, and live in Leicester-square. I had a fire at my house on the 30th of November—I lost the articles stated at that time, from the second floor bedroom—the fire did not come up in that direction—people would have an opportunity of going to that room in consequence of the fire—the articles produced are my property.
Cross-examined by MR. PHILLIPS. Q. I believe, among other property, there was a glass of considerable dimensions? A. Yes, a chimney-glass, that was removed to a public-house near my house, kept by a Mr. Bolton—I saw Mr. Goodridge assisting at the fire—there were a great many people there, and extreme confusion—I was very much agitated—I do not recollect seeing the prisoner—there was a quantity of very valuable stock on the premises, some of which was portable—the house was not entirely consumed—the furniture and stock was injured—a great deal of property was taken out—a number of strangers assisted—I do not think any thing was taken to Mr. Bolton's but the glass.
JOSEPH MOUNT (police-constable C 115.) I was on duty in Leicester-square about half-past ten o'clock, and saw the prisoner come down stairs from Mr. Delmar's, just after the fire was over—he came out of the private door—as he passed, he said, "I have done all I can, I will go"—he passed on up the street—I saw something bulky in his coat pocket—I walked after him, and asked if he had got any thing—he said, "No, I have not"—I took hold of his coat pocket, and said, "You have something here, what is this?"—he said, "Some things I am going to take to a friend of mine"—I then brought him back to Mr. Delmar's, took him into the room, and found four pairs of stockings in his hat, and a pocket-handkerchief in his coat pocket—I found a tin box, containing the necklace, two brooches, and several small articles, which have been identified by Mr. Delmar.
Cross-examined by MR. CLARKSON. Q. Was the prisoner wet? A. I did not observe it—MR. Bolton's public-house is nearly opposite Mr. Delmar's—I stopped the prisoner a few yards from Mr. Bolton's, across the road, not directly opposite, about five or six yards out of the direct line—there were a great many persons coming in and going out of the house, but about a quarter of an hour previous to the prisoner coming out, an order was given by the firemen that no more things should be taken out—I did not see the prisoner go in—I do not know how often he went in, or whether he had been to Bolton's, or whether the glass was there—this is the first time I have heard it—I heard Mr. Goodridge say so yesterday morning—I saw Mr. Goodridge at the house—I did not take him into custody—I asked the prisoner what he had got—he said nothing more, than that he was going to take it to a friend's across the way—I swear that—when I first stopped him I asked if he had got any thing—he was getting through the crowd, toward Lyon-street—I had seen him come down stairs ten minutes or a quarter of an hour before with three bottles in his hand—MR. Goodridge said to him, "Put them down, you will cut your hands"—he put them down on the table—he did not put these things into his pocket and hat in Mr. Goodridge's presence—I did not know him—I did not hear him say he was in the service of Moyes and Barclay, printers, of Castle-street, and had been working for them that day—I do not know that he had the opportunity of taking things twenty times the value of these—I did not go into any of the rooms myself—I was at the door—I only went into one room, where I searched him—I do not know whether it was a parlour or bed-room—it was a small place—there were no drawers about—there were beds about—these stockings have been darned—these have Mr. Delmar's name on them—the prisoner did not tell me he had been assisting at the fire—I did not see the glass removed—some of the things were taken opposite I believe, and I heard that some were taken to Mr. Bolton's.
MR. PHILLIPS called,
JOHN GOODRIDGE . I was at the house on the night of the 30th of November, where there was a fire—there was a large crowd—a great number of things were taken out, and carried to different persons for safety—I rendered what assistance I could—I saw the prisoner in the upper part of the house several times, and I saw him on the leads over the shop-window afterwards—he was doing all he could to render assistance, so much so, that I thought he belonged to the premises—I took down a large chimney-glass, and handed it to a person very much resembling the prisoner, but I could not swear to him—I desired him to take it to Bolton's public-house, very nearly opposite—I went to Bolton's to ascertain whether it had come there, and saw it in the back parlour—I know of no means of its getting there without the prisoner took it—the last time I saw the prisoner he was helping down with a chest of drawers, and taking them out—I said, "There are orders given by the firemen that no more things should go out," and he took them into the back parlour—he had the opportunity of taking property to a larger amount than those produced, and when these were found in his hat I heard him distinctly say to the policeman that he was going to take them over the way where he had been taking other things—I had myself sent thousands of pounds' worth of cloth over the way.
COURT to JOSEPH MOUNT. Q. Was Mr. Goodridge with you when you took the prisoner back? A. Yes—I did not hear the prisoner say what he states.
NOT GUILTY .
STEPHEN BATELY ECCLESTONE . I live in Leadenhall-street. On the evening of the 11th of December, I was in Gracechurch-street—a gentle-man tapped me on the shoulder, and gave me information—I examined my pocket, and my handkerchief was gone—I had felt it safe a minute before—I followed the gentleman, who pursued and took the prisoner—my handkerchief has not been found.
JOHNSON ELLETSON . I was in Gracechurch-street about seven o'clock in the evening, and saw the prosecutor walking about two yards before me—I saw the quick motion of hands which attracted my attention, and saw the prisoner and another, his companion—the prisoner, with his right-hand, took hold of the prosecutor's pocket and with his left drew the handkerchief—at the same moment I saw it pass to the hands of his companion—I tapped the prosecutor on the shoulder, and told him of his loss, and without waiting, I followed the prisoner, who had run off—when we got to the end of Finch-lane he was between me and the policeman—I intended to give him in charge, but he made back into Cornhill—I called the policeman, and ran after him myself—I overtook him at the bottom of Birchin-lane—I am positive the prisoner is the man.
JOHN PICKARD (City police-constable, No. 550.) I was on duty in Lombard-street, and heard the cry of "Stop thief"—I ran to Birchin-lane, and saw the prisoner and Mr. Elletson on the ground—I took the prisoner.
Prisoners Defence. If I took the handkerchief why did he not stop me? I was making the best of my way home.
GUILTY . Aged 22.— Transported for Ten Years.
THOMAS BARROW . I am servant to Joseph Baxendale and others. On the 30th of November, about five o'clock in the evening, I was driving a cart of theirs which had an empty box in it—in Fleet-lane, Farringdon-street, I heard a noise behind, and on looking round I saw the prisoner with the box out of the cart—I cannot say that he had it on his head, but he had it up—I hallooed out, "Halloo"—he threw it down again—I jumped out of the cart, followed, and overtook him without losing sight of him.
Cross-examined by MR. PAYNE. Q. Where were you when you saw the box? A. Up by tie copse of the cart, as forward as I could be, holding the reins—the tail-board was shut up—it was not opened—the prisoner had the box in his hands when I turned round—I am positive it was out of the cart—I was assisting the carman to deliver packages, but he was not with the cart then—I followed the prisoner up to the Old Bailey, and saw a policeman there.
(The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy .— Confined Six Months.
HENRY BOOK . I live in Long-alley, Sun-street. On the 9th of December, between eight and nine o'clock, I was in King-street, Snow-hill—a gentleman behind touched me on the shoulder, and told me something—I felt in my pocket and missed this handkerchief—I followed the prisoner, who ran away, and he was taken—I took the handkerchief out of his pocket.
Prisoner. I did not take it out of his pocket—I picked it up. Witness. I did not drop it.
GUILTY.* Aged 18.— Confined One Year.
JAMES SANDY . At ten minutes before one o'clock, on the 4th of December, I was in Carlton-gardens, and heard the cry of "Stop thief"—the prisoner was running with these boots in his apron—he dropped them just before he came tome—I took him and them.
Prisoner's Defence. I met a young man I did not know, he took them, and put them in my lap.
GUILTY. Aged 17.—Recommended to mercy.— Confined Two Months.
274. CATHERINE HORRIGAN and CHARLOTTE DALTON were indicted for stealing, on the 31st of July, 1 table-cloth, value 4l., and 2 spoons, value 2l. 8s.; the goods of Angelo Maria Baldacconi, the master of the said Catherine Horrigan.
MR. CLARKSON conducted the Prosecution.
eighteen months—I know Dalton by seeing her at my house. In November Horrigan informed me she had been robbed, and I sent for a policeman to assist her in making inquiries—I heard the result from the policeman—I never gave Horrigan authority to pawn my table-spoons or table-cloth—I was not aware that they were taken—the pair of table-spoons and a table-cloth now produced are mine.
Cross-examined by MR. CHAMBERS. Q. Horrigan came to your service with a good character? A. Yes; through my housekeeper—she was upper housemaid—the plate was generally kept in my safe—when it was wanted I gave it out—I seldom have dinner parties—I had a quantity of linen which I gave in charge of my servant—it was kept in my chest of drawers—I kept no keys.
MR. CLARKSON. Q. Had Horrigan access to them? A. Yes—my crest is on the spoons.
JOSEPH THOMPSON (police-constable F 30.) I was sent for about a robbery—I made some inquiries, and had reason to believe the prosecutor had been robbed—I obtained from him a description of his crest, and from information, I went to the shop of Wm. Chaffers, a pawnbroker, in Greek-street, and found the table-cloth and two silver spoons there—Horrigan was taken into custody within three or four hours.
THOMAS MILLS . I am in the employ of William Chaffers, a pawnbroker, in Greek-street I received the spoons and table-cloth in pledge for 3l. in the name of Mary Dalton, No. 9, Crown-street, Soho, to the best of my belief from Horrigan—I have a slight doubt, as there were a great many people pledging—I may be mistaken, but to the best of my belief she is the woman—this is the counterpart of the duplicate—I can say it was not Dalton, to the best of my belief.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
REV. JOHN AMBROSE HEARN . I am a Roman Catholic clergyman, and live in the same house with Dr. Baldacconi. I lost two table-spoons—I had given no authority to Horrigan to pawn them, nor was I aware that they were pawned—I believe these two spoons now produced are mine, but I cannot swear positively to them—I miss two spoons of this description.
REV. EDWARD HEARN . I am the prosecutor's brother—these spoons are his, I have no doubt of them—I was not living with him—they have the family initials on them, and are two of a set that belonged to my father.
Cross-examined by MR. PHILLIPS. Q. How are you able to do what the owner will not do? A. I suppose he is not so observant of such things as I am—I have the character of being so in the family.
Cross-examined by MR. CHAMBERS. Q. How many spoons had your father? A. I really do not know—they were left by him in possession of the family.
CHARLES JAMES FOX . I am a pawnbroker. I produced these spoons—I did not take them in, but I saw the person who did take them from Horrigan, but to the best of my recollection both the prisoners were in the shop—I cannot say who the money was given to—they were pawned in the
name of Ann Dalton, for 1l.—I have no doubt whatever that Horrigan was there.
Cross-examined by MR. PHILLIPS. Q. Who took them in? A. James Hayes—I will not swear that the two prisoners were together—I heard Hayes ask who the spoons belonged to—there is no crest on them, but there is a letter—MR. Hayes asked if they were their own, and I think it was Horrigan said "Yes"—I cannot tell whether it was morning, noon, or night, nor whether the gas was lighted—I cannot tell what I was doing—I had nothing particular to do—I recollect his asking if they were their own property, as there was a different letter on them—I asked Mr. Hayes about it, and it appeared that they had pledged there for some time, and had bought things in the shop—there were a great many other pledges taken in that day, but not from either of the prisoners.
Cross-examined by MR. CHAMBERS. Q. Were the other pledges taken before or after these? A. Both before and after—I cannot tell whether the prisoners, or either of them, had shawls on—they had bonnets.
Cross-examined by MR. PHILLIPS. Q. Was Mr. Fox in the shop? A. Most likely he was—I cannot say whether it was in the morning or evening—I cannot swear that it was not eight o'clock in the evening.
JOSEPH THOMPSON (police-constable F 80.) After I had been to Dr. Baldacconi's I went to No. 3, Pancras-street, Tottenham-court-road, on the 27th of November, about seven o'clock at night—I believe the prisoner Dalton lives there—the name is over the door, and I found her there—Dalton told me she was his wife, and he lived there—I found Horrigan in the front parlour in the act of looking at a duplicate down at the fire—I took the duplicate from her, and it was for six table-spoons, pawned on the 7th of October, for 4l.—I then took Horrigan into another back parlour, where I found Dalton, who had a small box in front of her, and was apparently counting over money—I told them they must both consider them-selves in custody—Dalton said what was it for, she knew nothing about it—Horrigan said she knew what it was for, and asked me if the Doctor had authorized me to do it—when we were in the street Dalton asked me to take her to the Doctor's before I went to the station—I asked Horrigan if her master knew she was out—she said, "No"—I then asked if her master's plate was all right—she said, "Yes, all but that"—I then asked if the linen was right—she said that was nothing, it would be all right if I took her to the Doctor's—Dalton said, "It would have been all right—you saw I was going to give the girl the money to get them out"—meaning, I suppose, Horrigan—I took them to the station, and then went back to Dalton's, and found these twelve duplicates in this pocket-book on the side of the dresser, in the parlour where I had found Horrigan, and amongst them was one for these two spoons, pawned for 1l., on the 4th of August, in the name of Ann Dalton, Crown-street.
Cross-examined by MR. CHAMBERS. Q. You put a good many questions to Horrigan? A. I have named them all—I never heard it was wrong to question a prisoner—I cannot say how many times I have been a witness here—I have seen accounts in the newspapers of policemen being censured for asking questions, but I never pay much attention to the papers, as I have seen things there which I knew to be palpable lies—I have heard
that it is not wrong to ask proper questions—I told Dalton she need not answer me without she liked—I cautioned her and Horrigan too, because I think it is the duty of an honest officer to do so.
REV. DR. BALDACCONI. I was not aware that Horrigan had gone to Dalton, who is her aunt, but when I came home I found she was out.
(—Glass, Esq. a barrister, in Lincoln's-inn, gave Horrigan a good character.)
HORRIGAN— GUILTY . Aged 25.
DALTON— NOT GUILTY .
276. CATHARINE HORRIGAN and CHARLOTTE DALTON were again indicted for stealing, on the 7th of October, 6 spoons, value 7l. 10s., the goods of Angelo Maria Baldacconi, the master of the said Catharine Horrigan.
MR. CLARKSON conducted the Prosecution.
REV. ANGELO MARIA BALDACCONI . These six table-spoons now produced are mine—I never authorised either of the prisoners to pawn them—I did not know that they had been stolen till I heard from Horrigan that she had been robbed.
Cross-examined by MR. CHAMBERS. Q. I understand that Horrigan had the care of them? A. Yes, when I did not use them—I have seen Dalton at my house.
COURT. Q. Do you recollect seeing Dalton about your house on or near the 7th of October? A. I was on the Continent then.
CHARLES JAMES FOX . I took in these spoons of Horrigan on the 7th of October—when they were first brought that day Dalton was with her—they asked more than 4l. for them—I weighed them, and offered them 4l., which they would not take, and went away—in a short time Horrigan came back alone, and took the 4l.—I asked if they were her own—she said, "Yes"—I said, "Here is a crest on them"—she said, "I know that"—I said, "These initials don't correspond with your name"—she said, "This plate was left me by a deceased relative"—MR. Hayes was in the shop at that time.
JAMES HATES . I was in the shop when these six spoons were pledged—I saw the two prisoners in the shop, but I cannot say which of them brought the spoons or offered them—I know them as coming to the shop before.
Cross-examined by MR. PHILLIPS. Q. Do you swear that at the time the spoons were pledged the two prisoners were in the shop? A. Yes, to the best of my recollection—I will not swear it positively.
MR. CLARKSON. Q. The prisoners had been in the shop before? A. Yes, Dalton; not particularly to pledge articles, but to buy articles—on one occasion I sold her a silver watch, a gold chain, and six spoons.
JOSEPH THOMPSON . I am a police-constable. I went to Dalton's house on the 27th of November—it is a coal-shed—I found Horrigan in the back-parlour, looking at the duplicate of these six spoons pawned for 4l., on the 7th of October, in the name of Ann Dalton, Pancras-street—I took it from her, and took her into the other parlour, where I found Dalton with a small box before her with a quantity of money in it, which she appeared to be counting—I said they must consider themselves in my custody—Dalton said, what for, she had done nothing she was afraid of—Horrigan said, "I know what for; has the doctor ordered you to take
us?"—when we got out, Dalton said, "Take us to the Doctor before you take us to the station; you saw me counting the money to give the girl to get them out," or it out.
HORRIGAN— GUILTY. Aged 25.—Recommended to mercy by the Prosecutor and Jury .— Transported for Seven Years.
DALTON— NOT GUILTY .
(There was another indictment against the prisoners, on which Mr. Clarkson declined offering any evidence.)
OLD COURT.—Wednesday, December 16th, 1840.
First Jury, before Mr. Sergeant Arabin.
277. JOHN GREEN, alias Wollard, and GEORGE WILLIAMS , were indicted for unlawfully uttering a counterfeit half-crown, they having been previously convicted of uttering counterfeit coin; to which they pleaded
GUILTY .— Transported for Seven Years.
Before Mr. Justice Patteson.
278. THOMAS PILLGREM was indicted for feloniously forging a certain power of attorney for the transfer of 100l. in the 3 1/2 per Cent. Annuities, in the name of Matthew Dick, with intent to defraud the Governor and Company of the Bank of England.—2nd COUNT, for uttering the same.—Four other Counts, varying the manner of laying the charge.
WILLIAM DRINKWATER . I am a clerk to the New Three-and-a-half per Cent. Annuity-office, in the Bank. I produce the Bank ledger of the New Three-and-a-half—it is one of the public books of the Bank of England—it contains the names of the proprietors of the 3 1/2 per Cent. New stock, under the letter D—the particular entry did not happen to be made by me, but by a clerk in the office.
Cross-examined by MR. BALLANTINE. Q. In whose custody is the book kept? A. In the custody of the office, in a safe, of which the Accountant General has the key—they are delivered out of a morning to the different clerks—I got it this morning from the safe in the office—about fifty clerks have the power of making entries in this book—the clerk is now in the office who made this entry.
MR. BULLOCK. Q. What is the entry? A. "Matthew Dick, 1840, August 16th, 2561, by D. Gibson, 4065, 100l."—(looking at the power of attorney)—I witnessed the acting upon this—it is a power of attorney for a transfer of stock, and purports to be signed by William Pillgrem, as being the attorney, to transfer the 100l. stock—there is on the back of this power a demand to act, signed "William Pillgrem"—the entry is in the form in which it is always made—Gibson is the broker of whom Mr. Dick bought the stock—the numbers refer to folios in the transfer-book, by which means we trace the stock through different hands—the demand to act, on the back of the power, purports to be signed "William Pillgrem"—I witnessed that signature—there was a transfer made on that demand to act, at the same time, the 21st of September—here is the transfer book in which it is entered—I have attested this also—it purports to be made by William Pillgrem, as attorney—this paper is an instruction for the power of attorney
—previous to making a power of attorney, instructions are delivered—they are instructions for the power which I have in my hand.
MR. BALLANTINE. Q. Do you consider it necessary to have the party producing the power identified as the person in whose favour it is made? A. Certainly—that is usually done by the stock-broker, who is, ordinarily speaking, a person we know.
JAMES RAILTON . I am a stock-broker; I carry on business at No. 56, Thread needle-street. I know the prisoner—I became acquainted with his person in July last—he came to my office—he was sent by Mr. Dick and a friend of his—he came alone—he said he came from Mr. Shed, of Manchester-square, a friend of Mr. Dick—I have been acquainted with Mr. Dick two or three years—the prisoner told me his name was William Pillgrem—I afterwards transacted some business for him as William Pillgrem—in September last he came again, and produced this note, purporting to be written by Mr. Dick—(read)—"Sir, Will you be so kind as let me have 100l. of my stock in the Long Annuities? I do not know if the funds are shut; but if they are, will you let me have it at five per cent., as I am in want of cash, and about to depart for Scotland? Will you send by bearer, and oblige Mr. Dick. Wandsworth, Sept. 17th, 1840. N.B. You shall have it as soon as I return, and oblige M. D. Mr. Railton, Stock-broker." I wrote a note to Mr. Dick in answer to that, and delivered it to the prisoner—(R. E. Tomlins, clerk to Messrs. Freshfield, Bank Solicitors, proved the service of a notice on the prisoner personally to produce the note in question.)
JAMES RAILTON re-examined. The substance of the letter was, that it did not suit me to lend him 100l., and if he wanted it he must sell the stock and get it in the regular way—on the following day, the 18th September, I received this letter from the prisoner—(read)—"Sir, I am sorry to trouble you so much, but as I am so busily engaged, and not a moment to spare, I intrust the whole to Mr. Pillgrem. I do not think there would be any harm in him personating me; but if there is, I must sacrifice a little; so if you can get the power to-day, and send it by him, I can sign it before I go, as I do not start before this evening; and oblige, M. DICK."—the first note referred to 100l. Long Annuities—that stock was closed at that time—when I received the note just read, I set about preparing instructions for a power of attorney for the New 3 1/2 per Cent. stock—the instructions produced are what I prepared—on sending in the instructions for the power of attorney I got from the Bank this blank instrument, which I delivered to the prisoner—it was not then executed—I did not give him directions as to the execution of it—they are printed on it—I cannot say whether I called his attention to that—he came to me again on the following day, the 19th—it then had the name of "Matthew Dick" opposite the seal, and the names of two persons as witnesses—when the prisoner gave it to me as it now is, I looked at it, it appeared to me to be right—I told him I would leave it, and if it was passed we would transfer the stock on the Monday—I took the power of attorney to the Bank, and put it into the proper box—on the Monday morning I went to the Bank to inquire after it—it was not allowed at first—I produced those two notes as the hand-writing of Mr. Dick, and finally the power was allowed—I was there when the prisoner claimed to act on the power—I saw him put the name of William Pillgrem to the demand to
act on that power—I effected the sale of the stock as soon as the power was passed on the Monday—I sold it to Mr. Clement Smith—this is the transfer of that stock—I saw the prisoner sign the name of William Pillgrem to that transfer—I am the witness to his identity upon that—I received the money for the transfer of that stock, 97l. odd, and deducting the commission and expense of the power, I paid him over the net proceeds, 96l. 8s. 6d.
Q. During the whole of this time, from July down to the transfer of the stock, did you see Mr. Dick at all? A. I am not sure, but I rather think I did—I do not think he came to me about business—I think I did see him, but not about business—in December Mr. Dick called on me about business, and some explanation then took place, which led to this discovery—I went over to the Bank with him shortly alter—the prisoner afterwards came to me, on the 10th of December, to give me instructions for the sale of 10l. Long Annuities, in the name of Mr. Dick, and I gave him into the custody of Forrester, the officer—I did not know where he lived at that time.
Cross-examined. Q. You had not known or heard of him before? A. No—I had seen him between July and September a few times—he came to me about Mr. Dick's business three times—I am able to fix the number of times, from business transactions—I had not seen him on other matters besides business transactions, till he came to me with the note from Mr. Dick—I was not in the habit of seeing Mr. Dick between July and September—I saw him shortly after the first time I had seen the prisoner—I mentioned to him having seen Mr. Pillgrem—I did not mention what he had stated to me—I was not very well acquainted with Mr. Dick's affairs—I was not very well acquainted with him, only slightly—I acted as broker to him in August—that was the only occasion on which I acted for him on my own account—I had acted for him on somebody else's account—that would put me in possession of his affairs as well as acting on my own account—I did it for my late employer, Mr. Parsons—MR. Dick came to him and bought stock—previous to the prisoner's coming to me I pretty well knew what stock Mr. Dick possessed—MR. Dick lived at No. 3, Trafalgar-square, Charing-cross—I live at Islington—it was on the 14th or 18th of August that I acted on Mr. Dick's business—I am not certain whether or not, in the course of the business I had done for Mr. Dick, I had seen his hand-writing—I had not seen his hand-writing frequently—I will swear I had not seen it a dozen times—I may have seen it half a dozen times—I think I have seen his hand-writing, but I cannot say how often—I am certain I have seen it half a dozen times at least—I have carried on business as a stock-broker on my own account since May last—I have been eighteen years with a broker, who died in May—I am not a member of the Stock Exchange—I am not licensed at present—I was not licensed when this transaction took place—I am not aware that in acting without a license I was doing an illegal act—I was frequently on the Stock Exchange while with Mr. Parsons—I do not know that it is customary to have a license—it is optional, I believe that, on my oath—all respectable stock-brokers do not act under a license.
SIR F. POLLOCK. Q. Have you bought stock for Mr. Dick? A. Yes. I never sold any for him—a man's hand-writing does not at all times appear when he buys stock, only if he accepts the stock in the Bank-book—it is usual to accept stock—it depends on the party—the hand-writing would appear then—it would be merely a signature—I never corresponded
with Mr. Dick, so as to receive letters and notes from him—I was sufficiently acquainted with his hand-writing to say whether or not these notes were genuine—I thought they were genuine—I thought I knew enough of his hand-writing for that.
MATTHEW DICK re-examined. I live at No. 19, Catherine-street, Pimlico—previous to the 21st of September last, I had some money in the 3 1/2 per Cent. Annuities—I never authorised the sale of it—I did not execute this power of attorney—I did not write this signature—I had no knowledge of any thing about the transaction—neither of these letters are my hand-writing—I did not authorise the writing of them—I know the prisoner—his name is Thomas Pillgrem—I know his hand-writing—the name Matthew Dick to the seal of this power, I can swear is his writing, and these two letters I believe to be his writing—I had no conversation with the prisoner about the power or these letters—I know nothing of the persons whose names appear as witnesses to this power—I never learnt from the prisoner who they were—he told me at the Mansion-house in the Magistrate's presence that he executed the whole himself—I asked him the question, and he told me.
MR. BALLANTINE. Q. Was that previous to the examination? A. Yes. I asked how he could take on him to sign any tradesman's name, and bring him into trouble, and asked him how he transacted it—I threatened to punish him—I do not know whether that was before or after he told me—I did not say I would have him punished if he did not tell me, nor if he told me I would not press hardly against him—nothing of the kind—two officers were in the room—whether they heard it I cannot say—I do not know whether they are here—I spoke as loud as I do now—I did not threaten him at all.
MR. BULLOCK. Q. What did he say? A. He said he executed the power himself, that he signed all the witnesses' names and my name, and nobody touched the power of attorney but himself, from the time it came from the Bank till it was done.
MR. BALLANTINE. Q. What are you? A. No profession at present—I told the prisoner I would be his friend if it was in my power, but it was out of my power—it was all in the hands of the Bank of England—I said I could not be his friend—he is no relation of mine—he is a connexion—I did not at any period of the conversation say that I would be his friend—I did not use the word "friend"—I would have been his friend if it had been in my power, but I did not tell him so—on my oath I did not use the term friend at all from the beginning to the end of the conversation—I did not make him any promise—I said nothing to induce him to make that communication—the conversation began by my asking how he could take it on him to bring me into such trouble—he said it was done and could not be undone, that he could not help it, and he said he was not the only one—I said it would have cost him his life a few years ago—he replied he could die but once—he is not related in any way to any portion of my family—I have known him from his infancy—I never employed him to act in matters of business of this kind—I never gave him authority to use my name—I did not tell the Magistrate of the conversation I had with the prisoner.
SIR F. POLLOCK. Q. Do you know John Turner, or Edward Thompson, the attesting witnesses? A. No.
custody—I have been to Wandsworth since, to inquire after John Turner, a vintner, and Edward Thompson, smith—I could not find any such persons.
Cross-examined. Q. Were you present at the conversation alluded to by Mr. Dick? A. Some part of it—I must explain—the prisoner was very anxious to talk—I cautioned him against it and said, "Whatever you say, I shall be very likely called on to give in evidence"—he said, "I had no intention to defraud Mr. Dick, I intended to have paid him in five years again with interest"—I do not think Mr. Dick was present at that conversation—he said he was going to the Argus to insure his life—he pressed very much to see Mr. Dick, and Mr. Dick came in and said, "My G—, how could you do such a thing as this?"—the prisoner asked him to forgive him—he said, "I cannot; it is out of my power—if you had told me in November how you were situated, I might have assisted you."
MR. BULLOCK. Q. Did he state what Mr. Dick has said? A. Mr. Dick was very much excited—he walked up to a desk and had some conversation with the prisoner which I did not pay attention to.
(The power of attorney being read, purported to be attested by John Turner, vintner; and Edward Thomas, smith, Wandsworth.)
GUILTY . Aged 22.— Transported for Life.
(There were other indictments against the prisoner.)
279. ABRAHAM MITCHELSON was indicted for stealing, on the 6th of November, 16 rings, value 8l.; 1 snap, value 2s.; 1 pair of earrings, value 9s.; 2 scent-boxes, value 6s.; and 12 sovereigns; the property of Joseph Alexander, in the dwelling-house of William Davenport.
JOSEPH ALEXANDER . I am a traveller, and reside in Sun-square, Sun-street, Bishopsgate, in the house of William Davenport. I do not know the prisoner—on the 5th of November I had a box, containing twenty sovereigns, a 5l. note, fourteen gold rings, twenty-nine pairs of ear-rings, three scent-boxes, and different articles of jewellery—Ashfield slept in the same room with me—they were in the box when I went to bed—I locked the box, and put the key under my pillow, with my watch—I went to bed at nearly eleven o'clock—I awoke about six, by hearing somebody at the door—I said, "Who is there?" and he said, "I am going to Hull"—I called out, "Ashfield," who had gone to bed with me, and he said, "Poor fellow"—I got up, and found my box in the same place as I had left it, and still locked—I remained in bed, and got up about eight o'clock, and on taking out my watch, the key was not there—I told Ashfield I could not find my key—I afterwards broke the box open—I found the first drawer of the box taken out, and every thing was gone—nobody but I and Ash-field slept in the room that night, that I knew of.
AARON ASHFIELD . I am a licensed hawker. On the 5th of November I lodged in the same room with Alexander, in Davenport's house—1, the prisoner, and prosecutor, all slept in the room—there were three beds in one room—I had only known the prisoner for two nights before—I awoke in the morning at near six o'clock, just as the prisoner left the room—I saw Alexander's box the night before—I saw him put his box near his bedside, and lock it—I did not see any body touch the box afterwards—I did not touch it—I did not hear the least sound in the room all night,
until just as the prisoner went away—the prisoner had said the day before that he wanted to go to Hull, to apprehend a man who had robbed him.
WILLIAM DAVENPORT . I keep a lodging-house in Sun-square, Sun-street, in the parish of St. Botolph-Without, Bishopsgate. On the 5th of November the prisoner, the prosecutor, and Ashfield, lodged in my house—the day before the prisoner went, he said to my wife, "What sort of a box has Alexander got? is it a good one or a bad one?"—my wife said, "A middlingish one"—he is a very hard working man, and always pays his rent to a day when it is due—he has lodged a long time with me—among pedlars—"a good box" means well furnished with articles.
WILLIAM MILLIGAN . I am a policeman of Hull. I apprehended the prisoner on the 7th of November, on board the Rob Roy steam-boat, bound to Hamburgh, lying then in the Humber—I searched him at the station, and found in his pocket a pair of gold ear-rings, two snuff-boxes, sixteen rings, twelve sovereigns, and about 2l. in silver—I brought him to London, returned myself to Hull, and got seventeen pairs of ear-rings from the Custom-house officers, who are not here—I found other property there.
JOSEPH ALEXANDER re-examined. This chain, I know, and all these articles, were in my box the night I went to bed—I know them all to be mine—this ring was given me by a Mr. Ross, to mend—I have no mark on the sovereigns.
Prisoner's Defence. They are my own goods, which I used to travel with; I bought them at Birmingham; I have a witness where I bought the brooches; the prosecutor calls them gold, but they are not gold, they are of no great value.
GUILTY . Aged 34.— Transported for Ten Years.
NOAH AARONS . I keep a clothes-shop in Monmouth-street. I know the prisoner—he came to my shop on Monday, the 7th of December, and bought a new great-coat, and a suit of clothes—he presented this cheque to me for 10l. 10s.—he said he received it of his master, Mr. Howard, of North Audley-street, in part of six months' wages—I told him I could not give him change, but I would get it—I sent the cheque by my shopman, to Messrs. Lubbocks, the bankers, whom it was drawn on—I came back, and told him I had sent it to Lubbock's to get it changed—he then said he could not stop any longer, as he had to get his master's dinner ready by three o'clock—it was about ten minutes after three then—he said he would call again in the afternoon for the change, and the clothes also—I told him I suspected it was not right, and did not let him have the articles—I told him it was very strange for him, being a stranger to me, to leave 10l. 10s. in my possession, that I was not satisfied with his answer, and I would follow him to where he lived—I followed him as far as Bond-street—he wanted to get down a small court there, in fact, he got down the court, and wanted to make his escape into a house there, which I prevented—he said he had a friend living there, a carpenter—I seized him, and got him into Bond-street, and gave him in charge of a policeman—I went with him to the station—the cheque was brought there by Alexander, my shopman, while he was there—he is not here.
Cross-examined by MR. BODKIN. Q. It was from another shop of yours you sent the shopman, was it not? A. Yes—he was about an hour going to the banking-house.
WILLIAM WOODS . I am clerk to Lubbock and Co. On the 7th of December, about four o'clock, this cheque was presented to me by a stranger—we have no account with any John Howard, by whom it purports to be drawn.
JOHN COLE . I am a policeman. The prisoner was delivered into my charge in Bond-street by Aaron—I took him to No. 1, North Audley-street, as he said his master lived there—they knew nothing about him there—I took him to the station, searched him, and found two other cheques on him, which I produce—while he was there Alexander came in with the cheque for 10l. 10s. which has been produced—I am sure it is the same—it was shown to the prisoner—Alexander told him he had been to the bankers, and was not paid—he made no answer—the prisoner told me as I conveyed him to the station, that he had found the cheque—that was about a quarter of an hour afterwards when he told the prosecutor he lived in North Audley-street.
Cross-examined. Q. Was he locked up when Alexander came to the station? A. No, standing in the dock—the cheque was not put into the prisoner's hands for him to look at.
(The two cheques found on the prisoner were on Sir John Lubbock, owe being blank, and the other partly filled up for 12l. 10s.)
(The prisoner received an excellent character.)
GUILTY. Aged 18.—Recommended to mercy .— Confined Two Years.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
CHARLES BOARDMAN . I am a policeman On Tuesday, the 24th of November, about noon, in consequence of information, I went to No. 17, New-street, St. Giles's, to the back room, first-floor—the door was closed, but not fastened—I found the two prisoners in the room—Hughes was sitting on the bed, and M'Guire standing by the stove—Hughes had something white in his hand, which appeared to be a lump of plaster-of-Paris—he instantly crushed it in his right hand, and some of the pieces fell on the floor—he then put his right hand into a jug of water which stood on the floor, and at the same time I saw him pass a shilling with his left hand on to the bed—I then seized his right hand, drew it out of the water, and found it was covered with white, something like dough—it was plaster-of-Paris which had been dissolved—I asked him what he was doing—he said, "It is no use, you are too late, there is nothing in the room that I care for"—I noticed two counterfeit shillings on the bed-side, besides the one I saw him put there from his left hand—Hardwick took them up—the prisoners were both secured—we searched the room—I found some of the pieces of plaster-of-Paris, which fell from his hand on the floor, and also some pieces of metal—they were found between where Hughes was, and the fire-place—I found a pipe half-full of metal near the grate, and a pan under the stove, quite hot, and with white metal in it—there was a slow coke fire sufficient to melt any thing of that sort—I also found a file and broken knife—I took possession of the shilling which I had seen Hughes put on the bed with his left hand.
Cross-examined by MR. DOANE. Q. Was the street door open? A. Yes—we had not the slightest difficulty in getting into the room—Hughes
was sitting on the bed with his coat off—M'Guire was standing by the fire with his coat and hat on.
THOMAS HARDWICK . I am a policeman. I accompanied Boardman on this occasion—when I got into the room I saw the prisoners—Hughes was sitting on the bed in his shirt sleeves, and his hat off—I have heard Boardman's account—it is correct—I found on the bedstead two shillings, one quite hot, which I marked—I produce them—I searched the prisoners, but found nothing on either of them—I found several pieces of metal there—I put my hand into the jug, and pulled out some of the pieces of plaster-of-Paris—most of the pieces of metal were in an iron pan under the stove among the ashes—the metal in the pan was all set—in the way to the station, Hughes said, "You thought you had made a pull by it, but you should have been there a little before, and then you would have seen some-thing."
MARY ANN HITCHIN . My husband is foreman at a boot and shoe shop in New-street—I lodge next door to the house the officers went to—Hughes's house projects out beyond ours—I can look into Hughes's window from mine—I have seen the prisoners in that room several times for the last three weeks—I once saw them cleaning up some half-crowns and shillings, rubbing them in their hands—on the day the officers went I saw them there from about half-past nine o'clock till the officers took them at twelve—I saw them that day cleaning up shillings—I saw something hung up at the window by somebody—I cannot say who it was.
Cross-examined. Q. When did you notice the curtain put up? A. About half an hour before they were taken—I saw M'Guire come there about half-past nine o'clock that morning.
JOHN FIELD . I am Inspector of coin to the Royal Mint, and have been so upwards of twenty ears—here are two counterfeit cast shillings, produced by Hardwick—they are cast in white metal, and both from the same impression—here is a good shilling, produced by Boardman, and that has made the mould in which the counterfeit shillings were cast—it has a particular mark on the reverse side, arising from a flaw in the die, which appears in the counterfeit coins also; and the good shilling at the time had some plaster-of-Paris adhering to it, which would be the case when used for the mould—here are some pieces of metal, called gets, which fill up the channels of the mould—this tobacco-pipe has white metal in the bowl of it, which appears to have been fused—that might be used to fill the mould with the metal—here are also some small portions of plaster-of-Paris, but no impression on them—here is a file, a knife, and other things which might be used to coin, and would be required—the moulds are generally made of plaster-of-Paris.
(M'Guire received an excellent character.)
HUGHES— GUILTY . Aged 19.— Transported for Ten Years.
M'GUIRE— GUILTY. Aged 20.—Recommended to mercy .— Confined One Year.
Second Jury, before Mr. Recorder.
GUILTY . Aged 11.— Confined One Month.
(The prisoner received a good character.)
283. JOHN HIGGINS and WILLIAM DUNORD were indicted for stealing, on the 25th of November, 1 firkin, value 9d., and 68 lbs. weight of butter, value 3l. 10s., the goods of John Wheel; and that Dunord had been before convicted of felony.
JOHN GOZEE (police constable K 142.) In consequence of information, I went on Wednesday evening, the 25th of November, about a quarter or twenty minutes past seven o'clock, to the New-road, opposite Baker's-row—I put myself in a dark part of the road, and saw the prisoner Dunord drawing a truck with a firkin of butter in it—there were two others with him—they were walking on the foot-path close to the truck, which was in the road—I did not get a full view of their faces—it was dark—I know both the prisoners well—I seized Dunord, and the other two ran away—I could not speak positively to either of them.
FRANCIS HEAPHY (police-constable K 194.) I assisted Gozee, and took charge of the truck and firkin—I afterwards produced it before the Magistrate, and it was claimed—I did not notice any of the parties.
JAMES LESERF . I am a labourer, and live in Fuller-street, Air-street, Bethnal-green. On the 25th of November, about a quarter or twenty minutes before seven o'clock, I taw Higgins coming out of Baker's-row, Whitechapel, with a truck—I saw nothing in it then—two or three minutes afterwards I saw the same truck in the officer's possession at the corner of the New-road—it then had a firkin in it—I had often hired the truck myself, and was acquainted with it—I think if the firkin had been in it when I first saw Higgins with it, I should have noticed it—it was empty then—he was dragging it out of Baker's-row, across Whitechapel-road, into the New-road opposite—I saw no one else with him—I knew Higgins before, and am not mistaken in his person—I have been in trouble myself for a broom, and was sent for three months to the House of Correction from the police-office—I was also charged on suspicion of horse-stealing, but nothing came of that.
Cross-examined by MR. DOANE. Q. Was that the only time you were ever in gaol? A. Except when I was remanded for a month on suspicion of horse-stealing—that is all—I was along with the party that took the broom—I do not say the Magistrate was wrong in sending me to prison—I have been once to Higgins's mother's house since he has been in gaol—I have only been once inside her house—I did not see her then—I went to the corner of Bedford-street when she sent for me last Sunday week—I did not go of my own accord—she sent a boy named Wadham for me—I did not ask her for any money—I never had any quarrel with Higgins—I might have had a word or two, but never any row or blows.
Cross-examined. Q. I believe you apprehended him at his mother's house? A. I did.
GEORGE WHEEAL . I live with my father John Wheeal, a carrier, at Romford, in Essex. On the 25th of November, I had this and other firkins of butter in my cart under my care—I bad them from Waters and sons, Cheese-mongers, in High-street, Borough, at half-past five o'clock—one was outside the rest, behind the cart—I came over London-bridge with my load—I stopped at Mr. Rumsey's, in Whitechapel-road, to buy something—I came out, and went on with the cart till I got to Mile-end-gate—I there missed the cask which stood outermost of the lot—this is it—it belongs to Mr. Ellis, of Romford, but was under my father's care, and in his cart.
JOHN BIRD . I am clerk to Messrs. Waters, wholesale cheesemongers, in High-street, Borough. This firkin was among others which were put into Wheeal's cart, to carry to Mr. Ellis of Romford—there are 631bs. of butter in it, and it is worth about 3l.
Dunord's Defence. A man asked me if I wanted a job—I said, "Yes, what is it?" he said, "To pull this truck to Whitechapel Church;" I asked what he would give me; he said 8d.; he gave me 8d.; and said he would give me half-a-pint of beer when we got there; at the bottom of the New-road the officer stopped and collared me, and the man ran away when he saw me collared.
EDWARD WARE . I produce a certificate of the prisoner Dunord's former conviction, which I got from Mr. Clark's office—I took him on the charge, and was present at the trial—I am quite convinced he is the same man.
Dunord. He never took me into custody; I was never in prison; it was my brother, and he had six months in the Compter. Witness. I am sure the prisoner is the man—I do not know his brother—(certificate read)—he was tried by the same Christian name—it is two years ago.
HIGGINS— NOT GUILTY .
DUNORD— GUILTY of the Felony. Aged 22.— Transported for Seven Years.
GEORGE TEAKLE (police-sergeant H 8.) On the afternoon of the 9th of December I saw the prisoner in Wheeler-street, Spitalfields, with a bundle, going along very fast—I asked what he had got—he said he did not know—I asked where he brought it from—he said he picked it up—I asked where—he said, "Just up here"—I took him into custody—it was this coat.
WILLIAM SMITH . am servant to Mr. Purt, in St. Mary-at-Hill, Lower Thames-street. On the 9th of December I left the White Hart public-house, Kingsland-road, about two o'clock, and went to the back of Shore-ditch Church, to the Red Cow public-house, not Far from Wheeler-street—I left a basket in the cart, and when I came out of the house, about half-past two, I saw the horse-cloth, which I had covered it with, turned up, and the coat gone—it could not have fallen from the cart—this is it.
Prisoner's Defence. I saw two boys running with something, which they dropped; I saw it lying on the ashes; I was walking quite slow when the policeman stopped me.
GUILTY ,† Aged 17.— Transported for Seven Years.
285. CATHERINE SULLIVAN was indicted for stealing, on the 10th of December, 1 bag, value 4d.; 3 shirts, value 2s.; 1 watch movement, value 6s.; and 1 pair of shoes, value 1s.; the goods of John Fleming.
JOHN FLEMING . I live in Onslow-street, in the back-room, first floor. On the 10th of December I went to bed, at a quarter to twelve o'clock, leaving my door unlocked—I had a bag hanging on a bracket, containing
the articles stated—about a quarter after one I was awoke by a noise, and saw the prisoner standing at the window, with her back towards me, and my hag in her hand, which had been moved about a yard from where it hung—I asked who she was, and where she came from—she gave no answer—I said she should not leave till I knew, and I locked the door—she then insisted that I should open the door, and call her sister in the next room—I asked who her sister was—she said her sister's name was Mary—I took her to the room door, and knocked at the next room, telling the person there to get up, for her sister wanted her—she said she had no sister, and called to the prisoner to know who she was—she said, "Open the door, you will soon know me"—she did so, and denied all knowledge of her—a policeman was fetched, and I gave her in charge—any body could pull a string at the street-door, which would draw a bolt, and let them in—the bracket was quite sound when I went to bed—I found it pulled down, and I suppose she could not get the bag down without—I found my room-door wide open, and my shoes moved to outside the door next the stairs.
Prisoner. I never went into the room. Witness. I took the bag from her right hand, and said, "You have taken that from there."
GUILTY . Aged 17.— Confined Six Months.
JOHN JAMES ALLEN . A little before six o'clock, on the night of the 27th of November, I saw the prisoners in Tottenham Court-road, near Chenies-street, in company together—Williams had a bundle—I followed them some distance, and came up with them—I asked Williams what he had—he said, nothing—I asked where he got it—he said it was no business of mine—I took hold of him, and Johnson ran away—I gave Williams to a soldier who was passing, and pursued Johnson across Oxford-street, to Crown-street, calling, "Stop thief"—he was stopped by a policeman, and conveyed to the station—on the way there I asked Williams again what he had—he said, "Pork"—at the station I found the bundle contained two legs of pork—I found 2s. on Williams, and 2s. 10d. on Johnson—upon inquiry, we found the prosecutor—we took the prisoners about three miles from there.
CARISTOPHER JOHN PALLES . I keep a shop in Kentish-town. I have seen the two legs of pork at Hatton-garden, and know them to be mine—I lost them, between five-and six o'clock, on the 27th of November—my window-sash was open.
Williams's Defence. As I was coming home, Johnson and I got into conversation; another young chap came up and asked where we were going; I said, "Home, up the road"—he said he was going into the City, and asked me to hold the bundle while he went for a particular purpose—I was carrying it when the policeman stopped me.
Johnsons Defence. As I was coming down the road I fell into conversation with this young man.
WILLIAMS†— GUILTY . Aged 18.
JOHNSON†— GUILTY . Aged 18.
Confined six months.
JOHN THOMPSON . I am servant to Lady Woolmer, at No. 15, Bruton-street. On Monday evening, the 7th of December, I was going through Lincoln's Inn-fields—I happened to turn my head, and saw the prisoner close behind me, with something white in his hand—I pot my hand into my pocket, and missed my handkerchief—I laid hold of him, and said I thought he had my handkerchief—he said he had none but his own, which he took out and showed me—I said I thought he had got mine—I searched him, and found it in his left-hand trowsers pocket—he then said he had picked it up—I had used it about three minutes before, and put it safely back—I gave him in charge—this is ray handkerchief—(produced.)
Prisoner. I was not in Lincoln's Inn-fields at all; I came down Kingsgate-street, and picked the handkerchief up under the archway in Great Queen-street; he came and asked if I had got his handkerchief; I said no; I did not know it was his; he said he saw me put it in my pocket; he searched rue all over, then went on one side, and afterwards came and took it out of my pocket; there were three ladies close by, who said they had not seen me touch his pocket. Witness. I asked three ladies if they had seen him do it; they said no; it was under the archway I missed it.
GUILTY.* Aged 21.— Confined One Year.
JOSEPH RICHARDSON . I am a seaman, and lodge in Ratcliff-highway. The prisoner came to the house, on the night of the 8th of December, for a night's lodging, saying he had been cast away, and sixpence was all he had in the world—MRS. M'Farlane, the landlady, allowed him to sleep in the same bed with me—in the morning he asked for a needle and thread to mend his jacket—I went down and brought one up to him—I then went down and washed myself, leaving him in the room—he afterwards came down stairs, and said he was going to the Sailors' Home to get some assistance—I afterwards went up stairs, and all my clothes were gone, with 6d.; in my waistcoat pocket—I met him next day at the London Dock, and asked if he had taken my things—he said he had not—I said there was nobody but him to take them—he said, "Well, I have, here are the tickets of them," giving me two, one of which was for my things.
MARY M'FARLANE . I am the wife of Patrick M'Farlane, and keep an eating-house. The prisoner came there and asked if he could have a night's lodging—I said he might—he asked how much it would be—I said, 6d.;—he said that was all he had in the world—I gave him something to eat, and part of Richardson's bed, for the 6d.—he came again on the Friday following, disguised, muffled up, and asked me the same question—I was
very busy at the time—I knew him to be the tame man, though he was muffled up, and said yes, supposing I had no room for him—I wished to get round the counter, to take hold of him—he said, "What is the price?"—I said, "Sixpence"—he said, "I have walked from Portsmouth to-day"—I said, "Have you?"—he said, "I must go out a short time," and forced himself from me—he was taken in the street.
RICHARD AMOS (police-constable K 390.) I heard an alarm of "Stop, thief," in the street last Friday about ten o'clock—I saw the prisoner running, followed, and stopped him—I saw him put his hand into his right-hand pocket, and take out two papers—the prosecutor was following, and caught hold of them—the prisoner said it was all right.
GEORGE CORMACK . I am shopman to Mr. Vesper, a pawnbroker, in Commercial-road. I produce a waistcoat and flannel shirt, pawned on the 9th of December—I cannot recollect the person—he was about the prisoner's height—one of the duplicates produced is what I gave for them.
(Property produced and sworn to.)
GUILTY . Aged 38.— Confined One Year.
NEW COURT.—Wednesday, Dec. 16th, 1840.
Fifth Jury, before Mr. Common Sergeant.
289. SAMUEL ELLIOTT was indicted for stealing, on the 1st of December, 3 bottles, value 9d.; 2 quarts of wine, value 10s.; 1 dram-glass, value 1s.; 46 cheroots, value 3s. 10d.; 3 pipes, value 1s.; and 3 cigars, value 3d.; the goods of Edward Bushell, his master; to which he pleaded
GUILTY . Aged 22,— Confined Three Months.
GUILTY . Aged 9.— Confined Three Months.
291. ISABELLA TODMAN and JANE WHARTON were indicted for stealing, on the 10th of December, 9 yards of calico, value 4s.; the goods of John Dalton and another; and 1 blanket, value 10s., the goods of John Dalton, the master of Todman.
JOHN DALTON , I am in partnership with Joseph Capper, and live in Regent-street. I suspected Todman, who was in my service, and set Hones to watch—he brought back Wharton with a bundle containing this blanket which belonged to me, and nine yards of calico, belonging to myself and partner—I sent for a policeman, and found several articles of mine in Todman's box—it was not Todman's business to get the things washed without directions.
Cross-examined by MR. PHILLIPS. Q. Todman had been in your service some time? A. Yes; and had been in an ill state of health for a few days—she said she had given them to her sister to be washed, but the blanket happened to be clean—I cannot say whether Wharton said that the articles were given to her by her sister to be washed—I have no recollection of swearing it—she might have said so—this is my writing—
(looking at his deposition)—this was read over to me before I signed it, and if it is there I suppose I swore it—I swore that Todman said that was the fact—I have no doubt of what I said about Wharton being true.
THOMAS MASKELL HONES . I am assistant to the prosecutor. I placed myself near the house to watch—I saw Wharton come out of the private door with a parcel—I stopped her, and told her Mr. Dalton wished to speak to her—she came back with me—the bundle contained these articles.
JAMES POWELL (police-constable E 186.) I was sent for—Mr. Dalton charged them about these things—Wharton said they had been given her to wash—Todman said it was so—this calico is some wrappers belonging to the shop.
TODMAN— GUILTY . Aged 25.
WHARTON— GUILTY . Aged 28.
Confined one year.
(There were two other indictments against the prisoners.)
292. WILLIAM COX and JAMES YOUNG were indicted for stealing, on the 2nd of November, 1600lbs. weight of soda, value 6l., and 2 casks, value 2s., the goods of William James Chaplin, and Benjamin Worthy Home, their masters; and EDWARD BANNISTER for feloniously inciting them to commit the said felony; to which Cox pleaded
GUILTY . Aged— Confined One Year.
MR. CLARKSON conducted the Prosecution.
DANIEL BENNETT SKEY . I am chief clerk in the service of Messrs. William James Chaplin and Benjamin Worthy Home, proprietors of Hambro Wharf, Upper Thames-street—they became proprietors in June last—at that time Cox and Young were their porters and warehousemen—Bannister was shipping and loading clerk—it was his duty to superintend the receipt of property on the wharf, and to see to the faithful delivery of it out—he was to have returns of all the property—Cox and Young were subordinate to him—Bannister's situation made it necessary that confidence should be placed in him—on the 24th of June among other property turned over from the previous proprietors of the wharf to the present, were 158 barrels of soda—the owner sent orders for 99 casks, which were delivered up to July—that left 59 casks—in September I received an order to deliver the test, and the whole were supposed to be delivered in September or October—soon after that there was a complaint that the whole had not been delivered—I referred to an account that Cox and Young kept of what had been delivered, and found that 57 casks only had been delivered—I stated to Cox and Young that there was a deficiency of two casks of soda according to their statement, and asked the reason they had not delivered the whole—they stated they had delivered the whole that was on the wharf, and that there was not any soda whatever remaining on the wharf—there were at that time some bags of wool and some rags on a part of the wharf opposite the counting-house in which Bannister was employed, and near to it whilst I was making my inquiries of Cox and Young I perceived two casks amongst the wool and rags—they were covered over, and so concealed that unless any one had suspicion, and were looking out, they would not have been seen—there were bags of wool or rags on them—in going from the counting-house to the warehouse, which it was the duty of Bannister to do several times a day, he would pass by the spot where these casks were—I had this conversation with Cox and Young about a week or a fortnight after the delivery of the hat soda,
which was in October—on the 4th of November I received a letter from Child, the watchman of the wharf, and on the 18th or 19th I received a message from Messrs. Coulthards, the proprietors of the soda—I showed the letter to Bannister, and asked if he knew any thing about the soda—he said he did not—that there was no soda on the premises—he said he would call Cox and Young to inquire of them—I said it was no use as I had spoken to them before—this was on a Thursday, and on the Saturday following the prisoners were taken into custody—Cox and Young both stated they were going to make a search for the soda on the following morning, and if they found any they would let me know.
Cross-examined by MR. PAYNE. Q. In the first conversation with Cox and Young, did both of them speak? A. They spoke separately—both made the same answer—Cox was up in the first floor, and Young down in the wharf.
Cross-examined by MR. CHAMBERS. Q. What hours was it your duty to be there? A. From nine till seven o'clock—I have an office in another part of the premises—it is my duty to keep the accounts, pay the men, and receive the money—I keep account of the goods landed, and see that my accounts are correct, by comparing them with the goods coming in and going out—if any soda comes on the wharf or goes out I know it—I do not see the goods actually go away—I sit in the office, and have the accounts brought to me—there are two other clerks, Mr. Oakley, and Mr. Haycock, who attend to the railway and carrying department, and I to the receipts of the wharf—before July the Commercial Company had the wharf—I ascertained that 158 barrels of soda were on the wharf then, by taking the stock myself.
WILLIAM CHILD . I am private watchman to the prosecutors on Hambro' Wharf. On the evening of the 2nd of November, I went on duty at seven o'clock, and between seven and eight I saw Cox and Young rolling two casks of soda from behind the wool into the warehouse—after they got them there, they took both the heads out—I went into the warehouse and asked what they were going to do with that soda—they said to take the heads out for the purpose of showing me that the soda was clean, and as I dealt in the article I might bargain for it (my wife keeps a shop)—I asked them how they came by the soda—they said it was part of Messrs. Coulthard's stock—that Mr. Skey had made up his accounts, and was satisfied that they had had their number, and so were Messrs. Coulthards, that these were two casks that were left over, and they did not consider that the soda belonged either to Chaplin and Home, or to the late Company, and if I would go to Mr. Bannister, be would give me every information—I asked the weight—they said about 12 cwt., and Young said he had weighed one cask, and he had marked on the head in black-lead pencil the weight, which was 5 cwt.—he showed me where it was marked, and he supposed the other cask weighed 6 1/2 cwt.—there was about 12 cwt. together—each of them rolled a cask into the warehouse, and Cox took the head out and showed me the the soda—I left the warehouse, went to Bannister's office, and said, "About the soda, is it all right?"—he said as far as being right, Mr. Skey had made up his account, and he was satisfied that Coulthards had had their number, and Coulthards were satisfied also—there were two casks that were left, and he neither considered that they belonged to Chaplin and Horne, or to the late Company, and they were going to dispose of it—I then asked what he wanted for it—he said he should leave that entirely to William Cox to dispose of it, and whatever was got for them, he would
take his share and go snacks with them—I then returned to the warehouse, where Cox and Young were, and told Cox that Bannister said he would leave it entirely to his disposal—Young was in the warehouse at the time—Cox then said I should have it for 3l. 10s.—I said, very well, I would consider of it and let them know in the course of a day or two—I then wrote this letter (looking at it) and gave it into the hands of Mr. Skey—on the 8th of November, which was Sunday, as I was sweeping up the wharf, Bannister came and asked whether I had agreed with William Cox for the soda, if I had, he said, it was Thomas Cox's turn to the Western railroad on the Monday and Chittenden's on the Tuesday, and Thomas Cox would be at liberty to bring the soda over to my house—on the following morning, Monday, the 9th of November, I saw William Cox on the wharf—I told him my wife had got sufficient soda by her, and could not make any more room for it, and I should be obliged to decline having any thing to do with it—the soda still remained in the same place under the rags—after the heads had been knocked out in the warehouse, they were rolled back again—I saw it on the wharf on Thursday night, the 19th of November—on Monday night, the 16th of November, I saw William Cox on the wharf, and asked him if he had disposed of the soda—he said he had not—I asked on the following night if he had disposed of it—he said he had sold it to the Jew for 4l., and he expected it would be fetched away on the following Thursday—I saw William Cox again on the Thursday, and asked if he had seen the Jew—he said he had not, but if he did not come and fetch it away, he should be obliged to dispose of it to some one else, as there had been a stir about it, and Coulthards had written about the missing casks—on Friday, the 20th of November, I saw Young on the wharf when I came on duty at night, and asked him if the soda was gone—he said yes, both the casks were gone clear off the wharf, and there was only a small remnant of soda left in an empty cask, and if so be they were applied to on the subject, they should state that they had searched the wharf all over, and that was all they could possibly find (the soda was gone then)—on the Saturday, Young and Cox were in custody—I went into Bannister's office, and he said it was a lucky job that I had had nothing to do with it, and said it was a very bad job—at that moment, I was called away by Mr. Home, who happened to be on the spot, and in consequence of what Mr. Home said to me, I returned to Bannister's office, and Bannister wanted to know of me what Mr. Home had said—I told him Mr. Home had been questioning me about the soda, and I had told him I knew nothing about it (I said that by direction of my master)—Bannister said he hoped I should continue to say so, and if the prisoners kept their own counsel, nothing could hurt them—on the Sunday following, Bannister came to me about ten o'clock at night, just before I retired to rest—he said he hoped I should continue to say what I had said before, on the morrow when I went before the Magistrate—I afterwards received some information from Mr. Beard, and went to Chamberlain's Wharf, in Tooley-street—I there found two casks of soda, and on one of the heads I saw the pencil-mark that Young had before pointed out to me.
Cross-examined by MR. CHAMBERS. Q. How long have you been watchman there? A. Nine or ten weeks—MR. Home gave me the situation—I had asked Bannister to get me a better situation, as I had been on the wharf before, and he said he would do his best for me—it was a little after seven o'clock in the evening when the casks were rolled to the ware-house,
which was nine or ten yards from where they were—after I had had the conversation with W. Cox and Young, I went into the office, and saw Bannister there—he was in the office when they were rolling the casks—I do not know whether he was looking at them—he was going on with his accounts—his office was right opposite them.
JOHN CHITTENDEN . I am a carman in the service of Messrs. Chaplin and Home. On the 20th of November I removed two casks of soda from Hambro' wharf to Chamberlain's wharf—William Cox gave me the note to take them—I left them there in the name of White—I denied all knowledge of this till I was taken into custody—I then confessed it.
Cross-examined by MR. PAYNE. Q. Do you know his writing? A. Yes—I know it well—I swear this is his writing.
Cross-examined by MR. CHAMBERS. Q. When did you take the casks? A. On Friday, a little after seven o'clock in the morning—they were under the frame ready for loading—James Young loaded them—it was daylight, and after the business of the wharf bad commenced—they were not above seven or eight yards from the counting-house where Bannister sits—I do not know whether he was on the wharf, or whether his counting-house was open—there were a great many men at work on the floors, but not on the wharf—I took nothing beside the soda, only a note in the name of White, which William Cox gave me—after I came back, about half-past eight or nine o'clock, I saw Bannister in his usual place—I was taken into custody about six o'clock on Saturday night—I was then had up on Monday, and said I took it.
(The prisoners received good characters.)
BANNISTER— GUILTY .— Transported for Seven Years.
YOUNG— GUILTY .— Confined One Year.
GUILTY .— Confined Two Months.
GUILTY . Aged 19.— Confined Two Months.
295. REBECCA MATTHEWS was indicted for stealing, on the 2nd of November, 13 sheets, value 3l. 10s.; 23 towels, value 1l. 36 shirts, value 13l. 12s.; 12 pairs of drawers, value 2l.; 13 handkerchiefs, value 13s.; 5 pairs of stockings, value 10s.; 4 pairs of stocks, value 4s.; 24 pillow-cases, value 1l. 5s.; 1 counterpane, value 3s.; 2 blankets, value 4s.; 10 pairs of trowsers, value 3l. 10s.; 7 waistcoats, value 14s.; 1 necklace, value 1l.; 5 pairs of bracelets, value 1l. 10s.; 1 pair of earrings, value 5s.; 4 bed-gowns, value 4s.; 1 veil, value 2s.; 2 yards of lace, value 2s.; 7 gowns, value 1l. 3s.; 1 cape, value 3s.; 1 shawl, value 2s.; 3 coats, value 10s.; 2 razors, value 1s.; 8 petticoats, value 8s.; and 1 bag, value 1s.; the goods of Sir Joshua Rowe, Knight: also, on the 29th of October, 5 sheets, value 1l.; 1 pillow-case, value 1s.; and 1 flannel blanket, value 1s.; the goods of Sir Joshua Rowe, Knight, to both of which she pleaded
GUILTY . Aged 28.— Transported for Seven Years.
JAMES BRYANT BOND . I am a linen-draper, and live in Lamb's Conduit-street. On the 9th of December, about noon, I found the prisoner in my shop, and King gave me this note—(read, "Wood's Hotel. Miss Brown would thank Mr. Bond to send by bearer 15 yards of silk, as nigh the colour of pattern as possible. Miss Brown will call upon Mr. Bond either this evening or to-morrow morning respecting her dress. A. Brown. To Mr. Bond, linen-draper, Lamb's Conduit-street.")—I went to the prisoner in the shop, and said, "From whom did you bring this note?"—she said, "From Miss Brown"—I said, "From Wood's Hotel?"—she said, "Yes"—I said, "Do you live there?"—she said, "Yes"—I said, "It is very extraordinary she should send you for it, and say she would call"—the prisoner went out—I sent a young man to Miss Brown, and found it was a forgery.
Prisoner. I did not take the note.
Prisoner. You lost sight of the woman for twenty minutes, and then you taw me come out of a house—I was not the woman. Witness. I followed her up Red Lion-street—she turned up Princes-street, then turned round—I turned, and she went up Three Cups-yard—I lost sight of her, but I have not the slightest doubt she is the person.
GUILTY of Uttering. Aged 23.— Confined Two Years.
297. CATHERINE BENNETT was indicted for stealing, on the 28th of November, 1 pewter pot, value 1s. 8d., the goods of John Hedges: 1 pewter pot, value 1s., the goods of William Taylor: and 1 pewter pot, value 1s., the goods of Henrietta Bennett.
CHARLES FRANCIS COLLIER (police-constable C 181.) I was on duty in Marylebone on the 28th of November—I saw the prisoner—I took her with these two pint pots and this quart pot—I asked where she got them—she could not give me any answer.
Prisoner's Defence. I was in liquor; a woman gave me the bundle, and these pots were in it.
GUILTY . Aged 45.— Confined Three Months.
WILLIAM COBB . On the evening of the 5th of December I heard the cry of "Stop thief"—I saw the prisoner throw the boots at my feet—I took them to the station, and gave them to the policeman—I an sure the prisoner is the person.
Prisoner. Q. Where did I hold them? A. In your right hand.
Prisoner's Defence. I never had them in my hand.
GUILTY . Aged 18.— Confined Three Months.
Prisoner's Defence. On Sunday night I was coming down the street, another man asked if I would pawn two coats for him; I laid, "Yes."
GUILTY . Aged 20.— Confined Five Months.
WILLIAM BIRCH . I am in the employ of William Harrison, a builder, and live in Granby-place, Lower Marsh, Lambeth. I was building a house in Victoria-road, Kensington—these two pieces of new lead were taken from a shed at the back of the house—I saw them safe at five o'clock, on the 4th of December, and they were gone next morning at seven—I know it by the length and width of it—one piece is twelve feet by seventeen, and the other eleven feet by fourteen.
THOMAS HARRISON (police-sergeant D 14.) About eight o'clock, on Saturday night, the 5th of December, I saw a cab—I followed, and stopped it at the corner of Duke-street, Oxford-street—I found the two prisoners, and these two pieces of lead, in it—they came is toe direction from Gee's-court—I got into the cab, and asked how they came by the lead—they said they found it in the Bayswater-road—I took them into custody.
THOMAS HUSSEY . I am a two-driver. I was at the Black lion public-house, Bayswater, and the man called me—I came out, and saw the prisoners—they said they wanted to go to Gee's-court—they said they had two bundles, they went and got them—I drove on to the comer of Oxford-street, and there we were stopped.
John Sullivan. I know who the lead belonged to; it is not this man's; we can tell any officer where it came from; we went in, and got it down in the fire-place, not from the shed, an he says.
(Michael Sullivan received a good character.)
JOHN SULLIVAN— GUILTY . Aged 18.
MICHAEL SULLIVAN— GUILTY . Aged 19.
Confined three months.
301. SAMPSON SIMPSON was indicted for stealing, on the 7th of December, 1 purse, value 1s.; 2 sovereigns, 1 half-crown, 8 shillings, and 6 groats; the property of Robert Auld, from the person of Isabella Auld.
MR. PAYNE conducted the Prosecution.
ISABELLA AULD . I am the wife of Robert Auld, and live in Crane-court, Fleet-street. I got into an omnibus on the 7th of December, at Regent-circus—I eat on the right-hand side, the second from the door—a person, who I believe to be the prisoner, got in at Oxford-street—he sat himself down on my right hand, and threw a large cloak over me as I sat—he got out about Chancery-lane, or Southampton-buildings, in a very hurried manner—he gave my shoulder quite a blow—the omnibus had stopped to let some one else out—I had my purse, with two sovereigns, one half-crown, some shillings, and six fourpenny-pieces, a card-case, and a pocket-hand-kerchief in my pocket—after the prisoner got out, a Mr. Haisell spoke to me, and he then got out—immediately he spoke, I found I had lost my purse and the money—the card-case was still remaining—I am sure I had my purse when I got in—when I got home I found my petticoat was rolled up to my waist on the right side.
Cross-examined by MR. PHILLIPS. Q. Are you rare you had put your money in your purse? A. Yes—it is not possible that I should have dropped it—I never said that it was—I am sure there were two sovereigns In gold in it—the omnibus was nearly full—the persons in it were all strangers.
GEORGE HENRY HAISELL . I live in Elder-place, Spital-square. I was in the omnibus with Mrs. Auld—I went in after her, and sat the second on the left hand—when I got in there was no person sitting on the right-hand side of her—I saw the prisoner come in, and set himself at her right—immediately after he got in he placed himself in an oblique direction, and threw a large Mackintosh cloak over his knees, and over the prosecutrix's knees—I perceived there was something extraordinary in his conduct—I saw his hands moving under the cloak, more towards his left—he did not move when other persons came in—he was occupying the place of two people—just as we got to Chancery-lane a lady got out, and the prisoner rushed out in a very hurried manner—I then asked the prosecutrix if she had lost any thing—I said, "Feel in your pocket"—she did, and said she had lost her purse—I told the conductor to stop—I went in pursuit, and came up with the prisoner at the corner of Red Lion-street—I was on the opposite side of the way—I saw him speaking to a gentleman—I crossed the road—he noticed me, and they went on to the Coach and Horses public-house—knowing it had a stable-yard, I placed myself at the corner, but perceiving they did not make their escape by the side-door, I waited two or three minutes, and not seeing an officer, I thought I would go in—just as I was going in they were coming out—I seized the prisoner's companion, under an impression that they had been dividing the booty—the companion thrust me violently away—the prisoner turned towards Red Lion-street, and I followed him—I went by his side, and charged him with having robbed a lady in the omnibus—he said, "What lady?"—I said, "There is no necessity for saying what lady, you know you have robbed a lady"—he said I must be mistaken—I said, no, I had marked his conduct too well to be mistaken—he then said, would I go home with him—I said, no, I would follow him till I saw an officer, and give him into custody—he said, would I take a cab, and go with him to his residence—I said, no, I should not lose sight of him—as we were going through several streets, he asked what I
wanted—I said, "The restitution of the purse"—he said, would a sovereign do—I said I required the restitution of the purse—he said, "I have a sovereign, and 6s. or 7s. in silver, will you take that?"—I said, "No"—as we were going on, he said, "It is not worth while to make a noise about it, come home"—I said, "No"—he then said, would 5l. be in my way—I said, "No"—I saw a policeman, and gave him in charge.
Cross-examined by MR. CLARKSON. Q. Did you get up this case? A. No; I took it up as a duty I owe to the public—I had not a cloak on—I do not think any one had but the prisoner—I did not go into the Coach and Horses public-house—I did not see the prisoner dispose of any thing—I have not ascertained that he is a housekeeper at Newington—the omnibus was not examined.
JOHN PORTER (police-constable F 43.) I received the prisoner into custody—I searched him, and found in his right-hand waistcoat pocket one sovereign, four shillings, three sixpences, and six fourpenny-pieces.
(William Forbes, a retired publican; John Smith, a butcher, of Turnmill-street; and John Foster, a coal-merchant, of Long-lane; gave the prisoner a good character.)
GUILTY .† Aged 44.— Transported for Ten Years.
MARY FEHRENBACH . I am the wife of William Fehrenbach; we live in Westminster. On the 9th of December I called the prisoner, who was a travelling tinker, to look at a copper—he examined it, and agreed to mend it for 1s.—he put his irons into the fire and began to do it—I left him about a minute, and he and the copper were gone—it has not been found since—no one else had an opportunity of taking it.
Prisoner. I never followed that business; I came up from Plymouth, and went to have a pint of beer, and this lady came in with two policemen and took me.
LOUISA FOYELL . I am the prosecutrix's servant. She brought the prisoner in to mend the copper—I am sure he is the man—he was not there above ten minutes—I did not see him go out, but I saw him when he was out—I followed him, with the copper on his shoulder—he went into Stacey-street, and there met a Jew, who took the copper from him.
Prisoner. Q. What did you see me do with it? A. saw you sell it.
GUILTY . Aged 26.— Confined Seven Months.
Cross-examined by MR. PHILLIPS. Q. Did he ever tell you he was your master? A. No—he has directed me in my business—it is the Equitable Gas-works—it is managed by a board of directors—they are not incorporated—I think there is a deed of settlement—I know Mr. Wheelton is our deputy-chairman, and Mr. Jackson is chairman—the board of directors employed me—the accountant pays me, but Mr. Wheelton's signature is to the cheque that I receive.
the Equitable Gas Company. I missed some chain of theirs from Gilbert-street, Clare-market—this is it—(looking at some.)
JAMES BRIDGEMAN . I am a marine-store dealer, and live in Eagle-street. On Thursday week the prisoner Sullivan brought this chain into my shop, followed by Rowley—Sullivan asked if we bought old iron—I said yes—we put it into the scale—I examined and found it was marked—I said, "I can't purchase this, unless you give an account where you brought it from"—he said he brought it from Clement's Inn—this is the chain—Rowley said, "Master, it is all right."
Cross-examined. Q. Did not Rowley say a great deal more? A. He told me he worked at Alexander's, in Holborn—that Sullivan called upon him and helped him to carry the chain—Sullivan did not deny it—Sullivan came again on the Saturday and said he had come about the chain—I went for a constable—I found Rowley there when I came back, and gave them both in charge.
(Rowley received a good character.)
SULLIVAN— NOT GUILTY .
ROWLEY— GUILTY . Aged 18.— Confined One Month.
Fifth Jury, before Mr. Sergeant Arabin.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JAMES ROBERTSON . I am barman to Mr. Marriott, of the Crown public-house, in High-street, St. Giles. On the 19th of November, the prisoner came, about a quarter past one o'clock, for a quartern of gin and spruce—it came to 4d.—he gave me a half-crown, and I gave him change—I put the half-crown into the till—there was no other half-crown there. Mr. Marriott came into the bar soon after—he went to the till and showed me the half-crown—I then noticed that it was bad—I left it in Mr. Marriott's possession—the prisoner came again in about twenty minutes for a quartern of gin, and put down a half-crown—I saw it was bad—I collared him and detained him—I gave the second half-crown to Mr. Marriott also—I got them back from him, and have kept them separate from all other money.
THOMAS MARRIOTT . About a quarter past one o'clock, I found in the till a 5s. piece, a half-crown, and some small silver—I noticed that the half-crown was bad—I told the witness he had taken a bad half-crown—I marked it and put it into my pocket—in about twenty minutes I was called again, and the witness had the prisoner by the collar, and there was a bad half-crown on the counter—I marked that also.
GUILTY . Aged 20.— Confined One Year.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
LEONARD VAN PRAAGH . I live in Leman-street, Whitechapel, and am a stick-maker. On the 30th of November, the prisoner came to my shop and had a ferule put on a stick—it came to 3d.—he gave me a half-crown—I showed it to my wife in three or four minutes, and she said it was bad—I placed it apart from other money, and my wife gave it to the constable.
DAVID BALLANCE . I am the brother of Thomas Ballance, who keeps the Red Lion public-house in Ratcliffe Highway. On the 2nd of December, the prisoner came, from half-past seven to eight o'clock, and asked for 1d. worth of rum—he tendered me a bad shilling—I said it was bad—he seemed greatly confused, and then tendered a good one—I gave him a sixpence and 5d. in copper in change—I told him he was a smasher—he said he was not a masher, he was a violin player—I detained the bad shilling, and gave him in charge—I saw him searched—he had 1s. 4d. on him in copper, and four sixpences—I gave the bad shilling to the officer—some coppers were dropped, and the next morning a bad shilling was found and two farthings, where the prisoner had been.
GUILTY . Aged 26.— Confined One Year.
JAMES BRANNAN (police-sergeant G 20.) On the 27th of November, I was on duty in Goswell-street, in plain clothes. About half-past six o'clock in the evening—I saw the prisoner and another coming along, and their hands met as if something passed between them—I saw the prisoner put his left hand into his outside coat-pocket—I seized him—he forced his hand from his pocket, and threw something across which glittered and sounded on the stones like money—he resisted very much, and Cole, who was with me, was forced to come to my assistance—I got him to a public-house—I then went back and searched where I heard the money fall—I found nothing, but I saw Cole with two shillings in his hand, and is the act of picking up a third—I found on the prisoner 7s. 10d. in silver, and 1 1/2 d. in copper, and some cheese, and tobacco in little parcels.
ROBERT COLE (police-constable G 193.) I was with Brannan—what he has said is correct—we took the prisoner into a public-house, and two or three yards from where he was stopped, I picked up three counterfeit shillings.
Prisoner. Q. Did you see that I resisted? A. Yes; which made me take hold of you, or else we could have had the other.
Prisoner. You had the other, but he belonged to you, and that was the reason you let him go; you went out and came back in half an hour with three bad shillings, and said "I have got you now."
GUILTY . Aged 30.— Confined Two Years.
FREDERICK TURNER . I am in the service of Mr. Jefferini, of Garnault-place. On the evening of the 2nd of December, the prisoner came for 1d. worth of tobacco—he gave me a bad shilling—I returned it to him—he said he had just taken it.
on the 2nd of December. I saw the prisoner go into Mr. Jefferini's shop, in Garnault-place—there was a man and a woman a little further off—I could not swear that the prisoner was in company with them—I waited till he came out—I ran round a street, and met him—I seized him—he resisted very much, and I tore both sleeves of his coat up to the arms—I saw him throw, from his right hand, a piece of paper under an apple-stall, and something in the shape of money fell from it—after he was secured I went to the place, and found there four counterfeit shillings—I told him he had been to a shop in Garnault-place—he said he had not—I took him to the shop, and Mr. Turner recognized him—scarcely a minute elapsed between his throwing the paper and my picking up the shillings—I did not lose sight of it—there were persons about, but they could not step on it, as it was under the stall.
Prisoner. Q. Why did you take me into a baker's shop? A. You went towards Sadler's Wells; I ran round Thomas-street, and met you.
JOHN HAYWARD (City police-constable, No. 212.) I was with Brannan—I picked up the paper, and one bad shilling was in it—I found on the prisoner a pennyworth of tobacco, 5d. in copper, and a silver sixpence.
Prisoner. This man said he wondered what was the matter, till after the money was found, and now he says he saw me throw the paper. Witness. You came towards my stall, and I saw you seized by two officers, and you threw the paper under the stall.
GUILTY.* Aged 25.— Confined Two Years.
WILLIAM READ . I am a porter in Covent-garden-market. On the 8th of December, about five o'clock in the morning, I saw the prisoner with his cart and horse right behind Mr. Mitchell's wagon—the prisoner was up behind, on the tail-ladder—I saw him get down—I spoke to Collins, and asked if he had lost any thing—he said yes—I said there was a man with a cart just gone—Collins and I followed the prisoner down Southampton-street—I stopped the horse—Collins got into the cart, and found these things in it—he said, "What have you got here?"—the prisoner said, "Some turnips and things I have been buying"—Collins said he would take them back—the prisoner said, "Never mind, take 6d., and say no more about it."
HENRY COLLINS . I am a porter in the market—the witness called me—we ran—I got into the prisoner's cart, and found some turnips, and this celery, and greens—he said, "Take 6d., and say no more about it."
JAMES COLLINS . I am the son of Edward Collins, a market-gardener, in the Old Kent-road—I sent his cart to market with celery and plants—when the prisoner was taken, the celery and plants were shown to me, and I knew them to be my father's—I knew the tie of them—I missed these and two more bunches of greens.
Prisoner's Defence. I drove Mr. Priseman's cart to market with potatoes, greens, and other things; I unloaded; I bought the celery and
greens as I came along, as the coachmen, from whom I was to get dung, would sooner have these things than they would money—I sometimes get sixpence out of the dung.
GUILTY* Aged 28.— Confined Three Months.
WILLIAM JONES . I am a waiter at an hotel in Bridges-street, Covent Garden. On the 9th of December I was outside my master's door—I saw the prosecutor—the prisoner took his handkerchief out of his pocket, and put it under her shawl—I told the prosecutor of it—I took it from the prisoner—she said she had no handkerchief—this is it.
JOHN AUGUSTUS MACDONALD . This is my handkerchief—it had been safe in my pocket—Jones spoke to me, and I missed it—the prisoner had not got far from me—I saw it taken from her left side—she used the most horrid language.
Prisoner's Defence. I picked it up.
GUILTY.* Aged 30.— Transported for Ten Years.
310. SUSAN MALONEY was indicted for stealing, on the 21st of October, 2 pairs of shoes, value 8s.; 2 pillow-cases, value 5s.; 1 petticoat, value 2s.; 1 pair of trowsers, value 2s.; 2 shirts, value 10s.; and 1 bed-gown, value 3s.; the goods of Hugh Sanderson Seaborn, her master.
HUGH SANDERSON SEABORN . I live in Canal-terrace, Camden Town—in consequence of the illness of my wife, I took the prisoner as her nurse, about the middle of September last—while she was there I missed a variety of articles, and spoke to her about them—I lost so many things that I dismissed her in the beginning of December—I have since found the articles stated in the indictment—these now produced are them—I have lost a great many other things.
Prisoner. The flannel-petticoat is mine, and the trowsers belong to my child. Witness. No, the trowsers are mine—my wife has identified the other things—my name is on several of them.
Prisoner's Defence. That was the name in which I always pawned my own things; I was to have staid the whole winter with the prosecutor, and I would have returned these things.
GUILTY . Aged 31.— Confined Six Months.
311. MARGARET WELCH was indicted for stealing, on the 4th of December, 14 yards of velvet, value 12l.; 2 yards of ribbon, value 6d.; 12 yards of silk, value 1l. 16s.; 2 bracelets, value 3s.; 1 shift, value 2s.; 1 box, value 6d.; 1 bag, value 2s.; 1 towel, value 3d.; and 1 fork, value 15s.; the goods of Sarah Tod, her mistress.
MARY HILLS . I live with my sister, Sarah Tod, who is the widow of Colonel Tod. The prisoner was in her service for one week—I had been poorly, and left for a day or two—while I was away my sister gave the prisoner warning, and dismissed her—I returned on Monday evening, the 7th of December—I then missed the property stated—some of it is quite lost—some is here now.
MAURICE MULCAHY (police-sergeant B 2.) I took the prisoner—I found this small box—I asked if she had the key of it—she felt in her pocket, and pulled out a purse which I saw had some duplicates in it, and I found the velvet—I found in the box this reticule bag, some ribbon, two bracelets, this towel, marked "Tod," and 1l. 3s., which the prisoner acknowledged was part of the 3l. which she got for the velvet—a ring has been found on her since she has been in Newgate, which is one the prosecutrix lost.
Prisoner's Defence. The servant who had been there said she had some velvet which had been given her; I gave her 10s. for it; I left it in the drawer till the morning I was coming away; my mistress had me up three or four times in the night, and she told me I might put her linen on; the silver fork I got out of the parlour, and took up stairs to make use of; I was going to take the silk back to my mistress.
GUILTY . Aged 20.— Transported for Seven Years.
OLD COURT.—Thursday, December 17th, 1840.
Second Jury, before Mr. Sergeant Arabin.
312. TIMOTHY LEARY and JAMES COTTER were indicted for stealing, on the 9th of December, two shifts, value 8s.; 4 shirts, value 12s.; 1 table-cloth, value 10s.; the goods of Jeremiah Donovan: and 1 pair of stockings, value 1s., the goods of Joseph Badger.
MARY DONOVAN . I am the wife of Jeremiah Donovan, and live in Granville-street. On the 9th of December, about nine o'clock in the morning, I hung out some clothes to dry in the back-yard, and at five o'clock in the evening I found the articles stated gone from the line—these are them—(produced)—these stockings belong to Margaret Badger, our lodger—I know the prisoners, as living in the neighbourhood.
JEREMIAH DONOVAN . My wife alarmed me about five o'clock—I ran out, and in Kirby-street saw the two prisoners coming down a passage, a short distance from my house—I asked what they were doing that way—they said they had been for a walk—I said it was a nice walk in summer, but not in winter—they then said they had been to ease themselves—I said I had lost some clothes within the last twenty minutes—they said, "You don't mean to say we have taken them"—I said, "I don't mean to say you have, but I wish you to step down to my house to measure your
footsteps"—I called a policeman, and the clothes were found on them—we did not measure their footsteps.
CHARLES HAGAR . I am a policeman. The prosecutor called me, and I took the prisoners—this property was found under their waistcoats, next their bodies—each of them had a portion—Cotter had on one stocking which belongs to the lodger—the things were quite wet.
LEARY*— GUILTY . Aged 17.
COTTERS— GUILTY . Aged 17.
Transported for Seven Years.
WILLIAM FIELD . I am a policeman. I was on duty, and saw the prisoner in company with two pickpockets, in Short's-gardens, Drury-lane, about six o'clock in the evening of the 3rd of December—he had these brushes under his arm, tied in a handkerchief—I stopped him, and the other two ran away—I asked what he had there—he said a set of brushes, which he had from his father—in going towards the station he said he had bought them to sell again—I made inquiries, and next day found the prosecutor.
JOHN SMITH . I am shopman to Frederick William Martin, an oil and colourman, in Hampstead-road—I hung these brushes up inside the door-post on the morning of the 3rd of December, and missed them about four o'clock—I did not see the prisoner—I never sold them—they are my master's.
Prisoner's Defence. I bought them for 4s. 6d. to sell again.
GUILTY .* Aged 19.— Transported for Seven Years.
Before Mr. Justice Patteson.
314. ALEXANDER WILLIAMS was indicted for unlawfully, maliciously, and feloniously assaulting Edwin Williams, on the 24th of November, and with a certain loaded gun feloniously shooting at him with intent to murder him.—2 other COUNTS, stating his intent to be to maim and disable him, or to do him some grievous bodily harm.
Edwin Williams being called on his recognizance did not appear.
WILLIAM PARSONS . I am a policeman. On Tuesday, the 24th of No.vember, I was on duty in Harrow-road, near the Windsor Castle public-house—I heard what appeared to be the report of a gun, and afterwards the prisoner's brother, Edwin Williams, came and fetched me to the house, which is about 200 yards from where I was—I met the prisoner outside the house—Edwin said, "Here he is; now take him into custody for shooting at me"—the prisoner was near enough to hear that—I was going to take him to the station—and told the brother be must come with me—the father and mother then came out and said he should not go and prosecute, and pressed him not to go on with it—I asked the prisoner what he had done with the gun—he said he had thrown it into some ditch—I then let him go into the house, as the parties said they would not prosecute, and I went to search for the gun—I found it in a ditch, and now produce it—about a foot of the muzzle was out of the water—I examined it—it had every appearance of having been recently discharged—Edwin told me how it happened after I came up to the prisoner, and before, too, and also at the station-house—he told me in the prisoner's presence outside the door that
he was going outside the house, making his escape from the bar-parlour from the prisoner, and when he got about a foot from the door, he heard the report of a gun behind him, and his brother had fired at him—I think that was all that was said then—the prisoner was kicking up a noise, and was intoxicated at the time—I did not pay particular attention to what he said outside the house, but he said it was all a jealousy towards him—the place where the bullet had gone, was pointed out to me—it had gone across the parlour into the wainscot—I then took the prisoner to the station, and found twenty-seven bullets in his pockets, some percussion-caps, and gunflints—the prosecutor stated the whole particulars at the station—I charged the prisoner with being drunk and disorderly—the brother made no charge—my charge of drunkenness and disorderly conduct was taken down, and the brother was a witness to it—he stated in the prisoner's presence what had transpired—the prisoner said it was something of a jealousy existing between him and his brother—that was all the prisoner said to the best of my knowledge—the brother stated before the prisoner at the station pretty well exactly the same as he stated before the Magistrate—I am the only witness here.
NOT GUILTY .
315. EDWARD NORMAN was indicted for burglariously breaking and entering the dwelling-house of Hannah Tanner, about five o'clock in the night of the 17th of November, at St. Marylebone, with intent to steal, and stealing therein, 1 coat, value 3l.; 1 pair of trowsers, value 1l. 10s.; 1 waistcoat, value 10s.; 1 watch, value 3s.; 1 handkerchief, value 3s. 1 work-box, value 10s., and 1 box, value 6d. the goods of Samuel Wright.
SAMUEL WRIGHT . I am a baker. On the 18th of November I lodged at No. 41, Homer-street, New-road, in the house of Hannah Tanner, who lives in it—I and my wife had the first floor front room to ourselves. On Tuesday night, the 17th of November, I went to work at eleven o'clock—I locked the room door, and took the key—my wife was at Kilburn—I left the room without any body in it—I had a box there containing a pair of trowsers, a coat, a waistcoat, and other things—in another small rosewood box on the table was my watch, and my wife's little materials locked up in it, and a money-box was in the cupboard, containing 11s. or 12s.—I went home again at a quarter to nine in the morning, and found the door open, and the articles stated gone—the door had been opened with a key—it was not damaged at all.
Cross-examined by MR. PAYNE. Q. Do you know whether any body was there before you? A. The lodger in the next room found the door open, I understand—I know nothing of the prisoner—I am sure I locked the door, and tried it after me—I shut the street door after me.
HANNAH TANNER . I am landlady of the house. I locked the outer door on Tuesday night, the 17th of November, after the prosecutor was gone out, I am positive—I tried the door myself—there is a middle door also which opens with a key—I shut that also at half-past eleven o'clock—I was not alarmed in the night—I sleep in the back room, ground floor—I was not the first person up in the morning.
Cross-examined. Q. What time did you get up? A. Not till near eight o'clock, but I heard footsteps over my room, between five and six, and supposing it was the lodger I did not pay any attention—
a person must pass through two doors, and pass my door before they can get up stairs, but I should not have any suspicion if I heard them, having several lodgers—three of my rooms are occupied by three different persons, Wright has one—the other two rooms, have each a man and his wife in them—there is another room which was locked up being unoccupied.
MARY RUSSELL . I am married—I lodged at Mrs. Tanner's in the adjoining room to Wright. In the course of the night of the 17th of November I heard a noise in the house between five and six o'clock, but thinking it was Wright, I did not take any notice of it—I got up at half-past eight, and found Wright's door standing ajar, and a candle burning.
WILLIAM M'GRAY . I am a journeyman plumber, and live in Paradise-place, Marylebone. On the morning of the 18th of November, I was going to work between five and six o'clock—at the corner of Homer-street in the New-road, I observed two men looking down Homer-street, and down the New-road, in what I thought a strange manner—I turned down Homer-street, and a little way down I perceived, to the best of my belief, the prisoner running from a house in that street—he quickly passed me—I thought he had something under his arm—he joined the other two men—I thought as he passed me that I had seen him before, and I went after them—I crossed on the opposite side of the way, and got between them—I then recrossed the road, and met them, and looked the prisoner full in the face—he turned round and looked after me—I had an opportunity of seeing him, so as to be able to declare, to my own belief and conscience, I consider he is the man—after I passed them he turned and looked after me, and I then perceived that he had a bundle under his arm—I was convinced I had seen him before many times—I went to my work—I after-wards heard of a robbery having taken place in Homer-street—I could not tell the number of the house the man came out of, at the time—I went to the house in question, No. 41, after hearing of the robbery, and am quite certain it was that house—I have seen the prisoner before in the neighbour-hood of Battle Bridge, at the Maidenhead public-house, and round that quarter—I made inquiry there, and at other places, and found him at a public-house in St. John-street, Smithfield, on the Saturday night after the robbery—I asked him how he did—he said, "How do you do?"—I then asked if he remembered seeing me in Homer-street, on the Wednesday morning—he said, "No," he did not—I asked him if he remembered where he was between five and six—he said, "In bed"—I asked if he remembered meeting a young man in the New-road, who looked him full in the face, and looking after him—he said, "No," it was impossible, for he was in bed at the time—I said there had been a robbery committed in Homer-street, and I was sure he was the man I saw come out of the house—he said I was wrong, that he was in bed—I gave him in charge—I firmly believe him to be the man I saw come out, to the best of my conscience.
Cross-examined. Q. Will you swear positively he is the man? A. I swear, as far as my conscience and belief goes—I have lived with my employer twelve or fourteen years, on and off—he has at times nothing to do—I was here eight or nine years ago, but was acquitted—I have been, on and off since—I was a year and a half in the police—I left it because a report was made against me, and I would not go before the Commissioners—they discharged me for refusing to attend—it was for being absent from
parade in the morning at six o'clock—I did not think it worth while to go and explain that, having a trade to go to—that is eight or nine months ago—I used to see the prisoner at Battle Bridge—I do not think I have seen him since that—I gave him in charge to a City policeman—he took him by the arm, to the best of my knowledge, but I could not swear it—I cannot say whether he asked him to go with him to the station—I should know the other two people I saw in Homer-street, but have not seen them since—I saw a man peeping out at the door of the house first, looking up towards the New-road—I did not think it necessary to follow them at the time—when I saw the prisoner in St. John's-street, he said, "How do you do? I don't know you"—he denied all along that he was the person.
WILLIAM LEIGH WOOD . I am a policeman. M'Gray gave the prisoner into my charge, in Smithfield, for a robbery in Homer-street—I desired him to go the station—he went readily, without resistance—he said he never did it, he was not the man, and was never in a station-house in his life—he gave me his address, "No. 3, Union-street, London-road"—I went there the same night, inquired at several No. 3's, but he was not known there—it is a street occupied by prostitutes and thieves, and low characters—I could not find him out then, but on the Tuesday morning following I found he did lodge at a No. 3 in that street, kept by a person named Jordan—the prisoner had then been admitted to bail, but I thought he was still in custody—Thomas James went with me to the house—I saw a female there, calling herself Mrs. Jordan—she pointed out the prisoner's room to me—it was the up-stairs room—there is only one up-stairs room—there was a bed there—MRS. Jordan pointed out his bed to me, and pulled the bed down herself—I searched the clothes, and found an old jacket and a pair of trowsers—in the jacket pocket I found a memorandum-book, with some bills, and a duplicate for a rosewood box, pawned at Sharwood's—I got the box from him—I applied to the different pawnbrokers, who are here, and traced out the property—this waistcoat was pawned at Griffiths', a pair of trowsers at Smellie's, and a coat at Button's.
Cross-examined. Q. After you searched the jacket and trowsers, did you put them down again and go away? A. Yes—I came back again in about two minutes, asked Mrs. Jordan for the jacket, and took it—James is a tradesman, for what I know—I will not swear he is—I believe him to be so—I met him cursorily on London-bridge—I knew him before—I first met with him about twelve months ago, on a trial here about Mr. Porter's robbery—he was a witness—he did not communicate with me on the subject of that robbery, nor with any of the police, to my knowledge—I was a witness in the case—I have not known him ever since—I do not know how he gets his living—James said to Mrs. Jordan, in my presence, "I suppose you know where your lodger is?"—she said he was gone to his work—I did not say, "How can you tell that d——lie?" nor did James, in my hearing—I should think I should have beard him if he had—I did not hear him say, "How can you tell that lie?" nor any thing of the sort—I told her I thought he was in custody—she said he was at work at the London Docks—I do not know that he was there, nor do I know that he was employed there, only from his own lips, and from her—I made no observation at all when she said he was at work, nor did I hear James say any thing—I was not at Bow-street when they refused to take James's oath—I was going to this place when I met him, and asked him to go with me—I did not take him before the Magistrate—I did not consider it requisite
—MR. Rawlinson did not ask why I did not bring him—he was here just now—I have brought him here—he was not before the Grand Jury—he has been subpoenaed since—I directed them to put his name on the back of the bill afterwards—it was late at night when I went to Union-street the first time, and I thought it my duty to make further inquiry—I cannot swear there are any thieves or prostitutes living in Jordan's house.
CHARLES JORDAN . I am a brushmaker—I live at No. 3, Union-street, London-road, and have done so rather better than two years. The prisoner has lodged there all that time, up to the night of his apprehension—he left my place about eight o'clock that evening—he slept down stairs—I and my wife slept up stairs—his bed was carried up stairs of a morning, and taken down at night, as we live in the room below in the day time—I know this jacket to belong to the prisoner.
Cross-examined. Q. Was he in the employ of the West Indian Docks at the time of the charge? A. Yes—my house is about four miles from Homer-street—he was in the habit of going to work at the Docks every evening—on the Tuesday evening before the robbery the prisoner came home as near six o'clock as possible—I have worked at Mr. Batty's, in Smithfield, for ten years, and leave my work at five o'clock—I went to bed about ten that night—myself, my wife, two children, and the prisoner, were in the house then—he slept in the lower room—I was in the habit of locking the door of that room—I generally take the key up of a night, because when the prisoner awakes in the morning he generally calls up to me to know the time to get up—(I have a little Dutch clock up stairs)—if I awake before him I call out to him the time, and give him the key to let himself out—the door of the prisoner's-room opens into the street—there is no passage—I locked the door that night—it is an invariable rule with me to lock it—I gave the key to the prisoner next morning about a quarter after six—he called me up about a quarter before six—he generally washes himself before he leaves—he has been employed in the Docks at least five or six months—I know nothing wrong of him—no one lives in the house but myself and wife, and him—he went out with my wife that Wednesday morning—we deal in fruit and herrings, and my wife goes to market every morning—he accompanies her on his way to the Docks—she some times goes to the Borough market, and some times to Billingsgate—she went out with him that morning, about a quarter after six.
COURT. Q. Are you speaking from general recollection, or do you know this particular morning? A. In consequence of the prisoner being apprehended, I endeavoured to call to mind that morning, it being so recent—the prisoner was bailed on the Monday evening, and surrendered on the Thursday following—I was before the Magistrate on Monday evening—I was not examined till the Tuesday week after the Thursday when he was committed—(looking at his deposition)—this is my signature—this contains nothing about the prisoner's being at home that evening and next morning.
Q. Why not tell the Magistrate that? A. There was no question put to me—I answered every thing I was asked—the prisoner was present when I was examined—he put no question to me—I was told by the policeman that I was not required to come forth—I received a notice from the Magistrate's place to attend here to indict the prisoner, and the police-man and the other witness told me I need not attend, but I showed it to the clerk, and he said of course I was required—the city policeman was
waiting in the indictment-office—I asked him why my name was not indorsed on the bill—he said I need not attend, I had nothing to do with it—he and M'Gray, and another man, who assumed the name of James, said so.
SAMUEL SHARWOOD . I am a pawnbroker, and live in St. John-street-road. This work-box was pledged with me, on the 21st of November, by a female in the name of Ann Lee, No. 4, Ann-street—I gave the duplicate which has been produced for it.
FRNACIS METCALFE . I am shopman to Mr. Smellie, a pawnbroker, in Clarendon-square. These trowsers were pawned with me on the 19th of November, between six and seven o'clock, in the name of John Scott, No. 6, Elston-street, by a man, I cannot tell who.
W. L. WOOD re-examined. I did not tell Jordan he need not come here—I did not tell him in the indictment-office that he would not be wanted—when Mr. Roper was making the bill out I wondered that his name should be placed on the back of the bill, he being for the prisoner—MR. Roper asked me if that was all the witnesses—I said "Yes," when Jordan immediately said, "No, my name has not been called"—MR. Roper said, "How is that?"—I told him he came for the prisoner, consequently I did not suppose his name would be on the back of the indictment—that was all that took place—I did not expect his name was on the back of the indictment, I thought he was bound to appear on behalf of the prisoner, and that it was a mistake of the clerk.
MR. PAYNE. Q. Will you swear you believe that Jordan was bound over by the Magistrate to appear for the prisoner, and not for the prosecution? A. I will—I heard him examined—he spoke altogether in favour of the prisoner—he was not called for the prosecution to prove it was the prisoner's room the things were found in, and that the jacket and trowsers belonged to the prisoner.
Witnesses for the Defence.
DINAH JORDAN . I am the wife of Charles Jordan, of Union-street, and am the prisoner's sister. On the evening of the 17th he came home about six o'clock, which was his usual time—he went to bed between nine and ten—he slept in the bottom room—my husband locks the door, and takes the key up stairs of a night—he did so that night—the prisoner went out about six o'clock next morning—I go to market every morning, and, since it has been dark, the prisoner and I have gone together—I went to Duke's-place that morning for cocoa-nuts—that is over London-bridge—I left him on the bridge—I did not notice which way he went—I went down Fenchurch-street—I parted with him a little after six o'clock—I was present when the policeman and a man with a lame arm came to search the house—the policeman asked me if I knew where our lodger was—I said he was gone to work—the other man said I was telling a d—lie—the policeman must have heard that, for he stood at his elbow—when the police-man first searched the jacket, he did not say any thing—they looked at it, and they put it down again—they did not take any book or duplicate out of it—they put it down, took it up again, and laid it on the side of my bed, and spoke together, but what they said I do not know—they then
went out, and went down the London-road, and came back again in about twenty minutes—the policeman said, "I want to speak to you"—I said, "You can go in-doors, for I never keep my door locked; I have nothing there but what I work hard for"—he then said, "Will you let me have the old waistcoat?"—I said, "Take it, if you like, sir," and he took it with him—the prisoner had gone out that morning in his regular way to work.
COURT. Q. Do you go to market every day? A. Yes, to the Borough, or Billingsgate—my brother and I do not go out together every morning, but more since the weather has become bad.
THOMAS SALMON . I keep a coffee-shop in Ratcliff-highway, between London-bridge and the West India Docks—the prisoner was in the habit of breakfasting at my house, previous to going to work at the docks. On Wednesday morning, the 18th of November, he came there about five minutes after seven o'clock—he left about half-past seven, to go to the docks, which open at eight—I had a great many dock labourers there that morning—I do not know how far my house is from Homer-street, it is two miles from Cornhill.
COURT. Q. Was he in the habit of coming every morning? A. Yes, except Sundays, at the same time—I saw nothing with him that morning—I am perfectly satisfied of his being there.
JURY. Q. Did he appear at all excited or hurried that morning? A. I do not recollect that he seemed any other ways than he usually did—I taw nothing remarkable about him.
THOMAS STEVENS . I am quay-foreman at the West India Docks. The prisoner was in the Company's employ—I keep an account of the men's time in this book in my own hand-writing. On Wednesday morning, the 18th of November, the prisoner came at half-past eight o'clock, and remained till four—he had been in my department about four months, what other department he may have been in I cannot say—he continued to attend the docks regularly after that till the 21st—he was there from half-past eight till four o'clock on the 19th.
JURY. Q. What was the usual time to come to work in the morning? A. From the 10th of November to the 10th of May they come at nine, half-past eight, and sometimes ten minutes after eight o'clock—they stand at the gate to be taken on—I took the prisoner on at half-past eight, business begins at nine o'clock—he was always in the habit of coming at half-past eight—the outer gate is opened at eight o'clock, and the men come in then to be engaged.
SAMUEL WRIGHT re-examined. On the Monday morning, when the prisoner came from Guildhall, I heard him say to Jordan that he was in bed at six o'clock, and when he went to Jordan in the City, Jordan said he could swear he was at the East India Docks at five o'clock that morning—two more witnesses heard it as well as me.
NOT GUILTY .
316. PAUL MAZEAUX, GEORGE RAMUZ , and JULES RAULT , were indicted for feloniously engraving and making upon 2 plates, 2 parts of a promissory-note for 23 rubles, of Nicolas, Emperor of Russia.—Other COUNTS, varying the manner of stating the charge.
MESSRS. PLATT BODKIN, and DOANE conducted the Prosecution.
six to nine months—I knew them carrying on the business of lithographers in Church-street, Soho—they were, I believe, in partnership—I had done some business for them, to a trifling amount—card-plates, their own door-plate, and articles of that sort—on Monday, the 9th of August, Mazeaux came to me and placed in my hand two papers—this is one of them—(produced)—it was then a perfect, whole note—the other paper he produced, was similar to that, but printed in different colours, and had the figure "5" upon it—this has "25"—he asked me if I could engrave a plate to correspond with that paper—I had never seen any thing of the kind before—I looked at it, held it up to the light, and saw on the paper a water-mark—I said there would be a difficulty in getting paper with that water-mark on it—he said the persons he was executing the plate for, would get that themselves—I bad then a person named Gould in my employment—he was present at the interview—he engraved in the shop, and was there in his business—I spoke to him on the subject, and then told Mazeaux we could execute it for him—he said the price was no object—he went away, leaving me both the papers—I saw him again, I think, on the same day—next day I went to Mr. Smart, a refiner and changer of foreign money—I consulted with him on the subject, and showed him both the papers—in consequence of what passed between us, I found out the Russian Consul, and had an interview with him, I think, on the same day, Tuesday—I made a communication to him of what had occurred—Mazeaux came to me again that same day, and had both the notes away which he had left with me, and said he would ask whether the person would have them executed—(I have in my hand a little diary of the transaction—I entered each circumstance as it occurred from time to time—this is the original paper which I wrote)—he brought back the note produced, on the Thursday, I think—I never saw the other again—Ramuz and Mazeaux came together on the day it was brought back (prior to that, Mazeaux had asked me if I could engrave it for 14l., and I said yes)—they came up to my bed-room, which is on the second floor, and gave me a deposit of 3l. 5s.—they said I was to go on with the note—one of them gave me 5s., and the other gave three sovereigns—I do not remember any thing else passing—I then set about the engraving—while the engraving was going oh, I saw both Mazeaux and Ramuz a great many times—sometimes together, but more frequently Mazeaux—he came on several occasions, and I think about a month afterwards I showed him a rough print, which he took away with him—it was a proof—I once made a remark to Mazeaux, with reference to the paper, to print them, and he said he had not got it, but the party would get it—neither of them gave me any directions what I was to do with the note, or where I was to put it—the whole of the note was not a style of engraving which I could execute—I engraved the centre part of the front of this note—it has been cut to its present state for the purpose of engraving—a piece of the border has been lost in the progress of the work—I employed another person to do the border—there is also a border round the back part of the plate—(Forrester here produced the plates)—this front plate is the one I executed without the border—it was from this plate the proof was given—this paper marked "Z," is the first proof I took from the plate—I gave it to Mazeaux—I applied to Mr. Bacon, an ornamental engraver, to do the border—he did the border for the back of the plate, and a plate was executed for the border round the front of the note—I had an impression
taken of the border he engraved, which I gave to Mazeaux—this is the border-plate which Mr. Bacon prepared—I went to the house in Church-street a great many times, and I showed the prisoners from time to time the progress that was making in the work—I saw Mazeaux transfer a print from the plate on to a lithographic-stone—I think Ramuz was not there at the time—after that I received directions from Mazeaux, respecting the back-plate—I saw Ramuz on the subject of the back-plate several times, and he asked me if I was getting on—this is the back-plate, which I executed.
Q. Did either of them, at any time while the work was in progress, tell you what the notes or papers referred to? A. Yes, both at different times—Ramuz said he would not have it known for any sum of money—some of them were engraved at that period—on one occasion Mazeaux said they were for some use, such as a banker or some person was to place them in such a position that they were to represent some which had been taken away—he said he was aware they were money, and that they were to be used, or placed in a drawer or box, where the good was taken away, and these were to have the appearance of the good, but they were fictitious.
Q. I do not understand you? A. I will endeavour to give his words—the subject was this, admitting they were good money—he said that they were to be used to represent money if the real money was taken away—I do not know how to explain the thing better—he said it was to be used in a way that if there was money in a drawer or box, if that was taken away, these were being manufactured to be placed in their stead—I do not recollect what led to this conversation—on one occasion I took a print to the house, and gave it into the Hands of Mazeaux, at the door—he opened the door—that was a print from the back-plate, without the border round it—I cannot recollect how many impressions altogether I gave to them—I gave them several—when I took the print Mazeaux told me the man they were executing the order for was present in their house, in their parlour—(I think that was about a month before the officers went)—I was in the passage at the time—nobody was present then—in consequence of what he said, I watched outside the door after I left, and saw the prisoner Rault come out of the house—about three weeks after that I went to the house again, and saw both Ramuz and Mazeaux—they made an objection to the back-plate, saying it was not so good as they wished, and said that I had better get on with another plate instead of it—I agreed to do so, and came away—I went again about a week after—I do not recollect whether I took any thing with me then—the two plates were then in my possession—I saw Mazeaux—I took the plates about a week after—the original back and front plates—I saw Mazeaux then—I took a proof of the back-plate, and he did not like it—he said it was not good, and begged I would alter it, but he would show it to the gentleman it was for.
COURT. Q. But you said before, they objected to the back-plate, and you agreed to make another, and some time after you took the same plate, not a new one? A. No, I took the original ones.
MR. BODKIN. Q. What did you do when you went with them? A. I left one of them, I think the front, but I cannot be sure—Ramuz called several times prior to the officers taking them, about other business which I was doing for them, cards and card-plates—I kept the back-plate by me—on the day they were taken into custody, which was on a Thursday, I went to their house, about half-past three o'clock, and saw Mazeaux and Ramuz
—they were both standing at the door—I went into the back-parlour with them—I gave into the hands of Mazeaux the front-plate, which he had previously brought back to me—(the back-plate was at my house then)—they said they wanted the thing finished—I went there that day, by arrangement with the officers—the officers came in soon after I got there—these impressions, marked "B, D, E, G, and K," were pulled off from the plates, and are similar to those I gave the prisoners at different times.
Q. Have you ever seen Rault at any other time than you have mentioned seeing him coming out of Church-street? A. I have seen him several times during the progress of the engraving—I have seen him in conversation with Mazeaux and Ramuz.
Cross-examined by MR. PHILLIPS. Q. Were you doing other jobs at this time for them? A. Yes—I have printed cards for them, and engraved card and door plates—while engraving these I was doing various other jobs in the way of their business for them—Mazeaux came first to me—he came into my public shop—Gould was there—I do not know whether he was behind the counter—he was in the shop, near me, when Mazeaux was speaking to me, and giving me directions what to do—I did not inform either of them that part of the plate was a style which I could not execute—one part was in a style which I could not execute, but I did not express that inability to any body—I did not know I was compelled to tell a man who brought an order that I could not execute it—I went to Mr. Bacon to execute it—I do not recollect telling any one that I had done so—I will not swear I did not—I will not swear I did not tell Mazeaux and Ramuz so, but I do not recollect it—I did not ask them the name of the person who they said they were employed by to get this done—I thought it not my business to ask a man who he is doing business for—I suspected what I was doing was wrong, when they told me the man was in the house at the time—I did not think proper to ask them to show me the man—I did not know that it was my business—I did not make it my business.
Q. If you bad asked him to show you the man, and he did show you, would you not have had an opportunity, by examining the man, of knowing whether he (Mazeaux) told you the truth? A. I do not know that I am compelled to give you that answer, because you put it in such a round about way, I do not know what answer to give you, I do not understand it—if I had seen the man it would have given me an opportunity of seeing whether Mazeaux had told me the truth as to whether he had employed him—I did not like to ask to see the man—I do not know that I had any reason to ask a man to show me his customers—I was at that time in communication with the Russian Consul for the purpose of detecting these men—I communicated to the Russian Consul that Mazeaux had told me the man who employed him was in the house, and that I did not ask to see him—I think that was about a month before they were taken up—I think I communicated it to the Russian Consul a day or two after Mazeaux told me—I never asked Mazeaux to show me the man after that communication—my house is about five minutes' walk from where Mazeaux and Ramuz lived—they are in debt to me now for various things—I gave them credit.
MR. BODKIN. Q. You have been asked if you told the Consul that Mazeaux told you the man was in the house, and you say you did tell him so? A. I did—I believe I at the same time told him that I had waited outside, and seen the person come out of the house—I did not know that person's name then—it was after that I saw the three prisoners in company
together—all the conversation I had with Mazeaux and Ramuz was in English.
WILLIAM GOULD . I am an engraver—I am at present lodging in London, but my residence is in Bath. In August last I was in Mr. Salt's employment, and was there when the prisoner Mazeaux came there—he produced this note, and another with the figure "5" in the corner—it was of a similar appearance to this, the same language, I should say, but I rather think it was printed in blue—Mazeaux asked Mr. Salt if he could execute a paper similar to that—MR. Salt asked me if I thought I could do it—I said I thought I could, and Mr. Salt told Mazeaux he could do it—I remember Mazeaux saying something about the price being no object—he left the two papers on that occasion—he came again, I think, the next day, but I will not be quite positive, and took away the paper with the figure "5" in the corner—he left the other—I do not remember any thing that passed between him and Mr. Salt at that time—after that I saw Mazeaux and Ramuz there—they generally came separately—I saw them together once, and they went up stairs to Mr. Salt's bedroom—he was then ill—I do not exactly recollect how soon that was after the one was taken away—I afterwards went to work on the plate—I engraved both sides, the front and reverse—I did not engrave any part of the border—it is not a sort of work which Mr. Salt did—it is done by a machine, and he is not a machine engraver—I remember being at work on the reverse plate when Mazeaux saw me at it, and he told me to put aside the paper, the original note, in case any one came in—it was at that time lying by my side, while I was working at the plate—these impressions appear to have been taken from the plate I engraved—I remember the, day the prisoners were apprehended—I do not recollect the day, but I remember its happening on a day—I did not see any one in company with them that day—I know the prisoner Rault—Mr. Salt pointed him out to me, (I cannot exactly say the time,) in Princes-street, right opposite Mr. Salt's shop, in the street, looking in at a shop window opposite—that was perhaps about a fortnight before Ramuz and Mazeaux were apprehended.
Q. Was that the only occasion on which you saw him before their apprehension? A. I saw him on the day of apprehension, just after Ramuz and Mazeaux were apprehended—he was in King-street, which adjoins Church-street and Princes-street—I think it was in the early part of the afternoon—he was with Ballard and Forrester, the officers, in custody—the first time I saw him there was no one in his company.
Cross-examined by MR. CLARKSON. Q. Had you been long in the service of Mr. Salt? A. No; about three months—I left him about a month ago—he is a general engraver—I knew that Mazeaux and Ramuz had employed Mr. Salt before—they knew me as a person in his employ—they had seen me in the shop—I was in the shop at the time Mazeauz brought the note—Mr. Salt did not do the plate, nor any part of it—I did it as his assistant—I did the writing of the back and front—it is not very common writing—they are foreign letters—Mr. Bacon did the border—I knew from Mr. Salt that Mr. Bacon was to do the border, two or three days after—I did not go to Mr. Bacon, nor did he come to the shop—Mr. Salt told me he took it to him—that was not when the prisoners were there—I did not at any time tell the prisoners that Mr. Bacon was doing the border—I heard my master say so, but not in the prisoner's presence—I was not present at their apprehension, nor at the arrangement made
for their apprehension—I saw the officers on the day of the apprehension in King-street with Rault in custody—I do not recollect seeing them before the apprehension of Mazeaux and Ramuz—I do not recollect whether Mr. Salt was in possession of the plate that morning—perhaps I saw the plate that morning, but I do not recollect.
LUCY SALT . I am the wife of Mr. Salt, the engraver. I know the three prisoners—I have seen two of them a great many times, but one not so often as the other two—I only saw the three prisoners together once, that was on the Thursday that they were taken into custody—I saw them at the corner of Princes-street and King-street about two o'clock I think—I think they were all three together—they were standing together for a short time, and then they dispersed, Rault went one way, and Ramuz and Mazeaux went together another way—I did not notice what they were doing when they stood together, no more than they were talking together—they were close to our window—I was in the shop at the time—I had no reason for watching them—I did not look at them with any particularity—I merely said to Mr. Salt that they were standing there three together—I had seen Mazeaux and Ramuz a great many times coming to our house on business—I had seen Result once before, alone, at the door in King-street.
Cross-examined by MR. PHILLIPS. Q. You say Ramuz and Mazeaux came very often to your house together, did you see them when they came at times? A. Sometimes I did, in the shop, and once Mr. Salt was on a sick bed, and they went up-stairs—I took them up—I think I went into the room with them—I did not stay any time—I left the room—they were talking about the engraving in my presence—I heard them a great many times when in the shop give directions to my husband about the engraving—I at times joined in the conversation—during Mr. Salt's absence I was officiating for him—Gould was sometimes present—during Mr. Salt's absence, Ramuz (but not Mazeaux) has frequently spoken to me about the engravings to get them done, and sometimes in Gould's presence—Ramuz did not ask me how Bacon was getting on with his portion of the plate—I did not to my knowledge tell Ramuz that my husband was doing part, and had given part to an ornamental writer to do—I knew that Bacon was doing a portion—I am quite sure that I never mentioned to Ramuz or Mazeaux that there was a portion which my husband was not able to do himself—Ramuz called at our house one day on horseback, and wished to know how Mr. Salt was getting on with it, and said if he could not succeed in going on with the plate, he hoped he would give it up—I did not then mention to him that Mr. Bacon was getting on with a portion, and my husband with another portion—it was not our place to tell him that Mr. Bacon was doing part of it—we never let them know who is assisting us in our work—engravers do not tell the person employing them who assists them.
Cross-examined by MR. CHAMBERS. Q. Did you appear at the police-office to be examined? A. Only once—I was not examined.
EBENEZER BACAN . I am a machine-engraver, and live in Angel-court, Skinner-street. Mr. Salt came to me the last week in August, and brought an octagon-shaped border—this is it, I believe—there was a piece cut out of the one he brought—I think I have a portion of it, but not with me—I cut it out, and reserved a portion—Mr. Salt brought me the border for the purpose of imitating each side of it—it required to be engine-turned
—this is the border-plate which I did in consequence—I finished it on the 3rd of December, and it was delivered to Mr. Salt on the 5th.
Cross-examined by MR. CLARKSON. Q. What were you paid for your share of the work? A. Twenty shillings.
DANIEL FORRESTER . I am an officer of the City. In consequence of information I received, I went on Thursday, the 8th of October, to No. 22, Church-street, about three o'clock in the afternoon—there was an arrangement made beforehand for our being there—when the front-door was opened I went into the passage and opened the door on the right, which leads into a front parlour—I saw a person standing at the front-window, inside the front-parlour, doing something—I looked, and was turning round, when I saw Ballard open a door which leads into a back-parlour—there is a communication between the two parlours—Ballard was in the front-room at the time he opened the door, the door opened to him, to the best of my recollection, then I walked in, and he followed immediately with my brother John—(he is an officer—Ballard is not now, he was formerly)—when I went into the back-parlour I saw Mazeaux, Ramuz, and Salt—they were standing nearly all together—I said, "We are officers," and at the same moment I took a plate from the hand of Mazeaux—I marked that plate afterwards—this is it—(the front one)—the prisoners were brought into the front-parlour, and on a table in the front-parlour I found this border-plate, wrapped up in a piece of paper and this pocket-book—I presented the pocket-book and border-plate to Ramuz and Mazeaux, and said, "Do these belong to you?"—they said "No"—the paper which the border-plate was wrapped in was partly open, so as to be exposed—the pocket-book turned out to belong to Mr. Salt—I searched Mazeaux, but nothing transpired on his person connected with this affair—there was a printing-press in the back-room—I did not find any thing upon it—I took them into custody.
Cross-examined by MR. CLARKSON. Q. Do you recollect the terms of your question to Mazeaux and Ramuz? did you say "Is it yours?" or what was the language you used? A. I presented the pocket-book and border-plate together, and said, "Are these yours?" and they both distinctly said, "No"—I will not be sure which said so first—I handed the pocket-book over to Mr. Salt—I had been in communication with the parties with a viewer to detect the offence.
Q. Had it been made known to you by any of the parties before that time, that Ramuz and Mazeaux had represented to Mr. Salt that the man who employed them was on a particular occasion in the house? A. I do not recollect whether it was before or after—I did hear it—it was so arranged that we were to come in—we were to go in after a certain time—Mr. Salt was to go in first, and when he had been in so long we were to go in—I think it was about ten minutes or a quarter of an hour, as well as my recollection bears me out.
MR. PLATT. Q. When you handed out the pocket-book and border-plate, was the paper uncovered? A. Yes.
JOHN FORRESTER . I am one of the City officers. On the 8th of October I accompanied Ballard and my brother to the house in Church-street—I went into the back-parlour, and there found Ramuz, Mazeaux, and Salt—I assisted in taking them—I took Ramuz, searched him, and found this note, marked "A," in his breeches-pocket—he did not say any thing—I said we must take them into custody on account of a forgery on the Russian government—they said, "We know nothing at all about it,"
or words to that effect—next day I apprehended Rault—I first saw him in King-street, about twenty yards from Mr. Salt's shop—I followed him into Dean-street, went up to him, and asked him his name—he did not answer—he pretended as if he could not speak English—he said, "What do you say?" or something—I said, "Don't you live in King-street?"—he said, "No, no"—I said, "You had better walk with me"—I took him by the arm, and walked to No. 29 or 39, King-street—I think it is No. 29—I found he had lodged there, and had left the day before—I then took him to the police-court, Bow-street—I searched him there, and found these two notes, marked "F" and "G," on him—they were in his pocket-book, in his side-pocket—I afterwards went to No. 18, Portland-street, as he wrote down his address as living there—this paper, marked "H," is it: (reads) "Jules Rault, 18, Portland-street, Soho"—I went to the second floor front-room—I brought some books away, and after searching over them, I found this paper, marked "K," between the leaves of a book, which I have here—it is a kind of writing-book—I took possession of it when I searched the lodging on Friday night—I found the paper on Sunday, the 11th—I had the book in my possession between the Friday and Sunday—on the 16th I searched that room again in company with Ballard, and found this paper, marked "Z," in a table-drawer, crumpled up—I found this Russian pass-port and certificate from the Alien-office at the first search.
Cross-examined by MR. CHAMBERS. Q. When you took him in King-street, did not he say he had lived in King-street, but did not live there then? A. I did not understand him—he might have said so, and I not understand it in the way he spoke.
WILLIAM BALLARD . I was formerly an officer of Bow-street. I went with the two Forresters to the house of Mazeaux and Ramuz—when I went into the room I saw them standing together, near the printing-press—I saw two of the notes lying on the stone of the press—this, marked "C," is one of them—I saw these marked "D" and "E" also lying on the press—I saw Ramuz crumpling something up in his hand—I immediately laid hold of his hand, and took the one marked "C" out of his hand.
MR. PHILLIPS to HENRY SALT. Q. When Mazeaux told you the person for whom they had been working was in the house, did not he take the paper from you, crumple it up, and put it into his pocket? A. He did.
ANTOINE BAER, ESQ . (through an interpreter.) I am honorary Counsellor of the Empire of Russia—I am also the book-keeper general of the cash-deposit department of the Imperial Commercial Bank of Russia, at St. Petersburgh—this is a genuine note of the Imperial Commercial Bank—I know the signatures of the several officers subscribing it—these are their respective signatures—these notes circulate everywhere within the Empire of Russia—the Emperor's name is Nicolas—the Imperial Commercial Bank is established by the authority of the Russian Government—this note is the value of a silver ruble, in English money about 3s.
---- ROWSEL. I am a Russian merchant in London. I have made a translation of this genuine note—it is for twenty-five rubles silver money—these papers are fac-similes of the note—this paper is a Russian pass-port granted to a French subject, Jules Rault—the last visite is Constadt, 19th June, 1840, old style—the other document from the Alien-office is in the same name, dated 24th July, 1840.
WILLIAM BALLARD re-examined. After Ramuz and Mazeaux had been before the Magistrate, they requested the Magistrate to allow them to speak to us, and John Forrester and myself went into the lock-up place—Mazeaux then described Rault's person, and said where he was likely to be met with—nothing of that kind passed when they were first apprehended, or before they went before the Magistrate—Ramuz declared he knew nothing about it—Mazeaux referred us to a man named Simmonds, who he said knew the person he described, and that he would assist us to find him—Mazeaux turned to Ramuz, and said, "I have told him (Simmonds) all about it"—Ramuz said, "I did not know that you had told him"—we then left them, and went in search of Rault—his was not found that evening, but next morning.
(Mazeaux and Ramuz received excellent characters.)
MAZEAUX— GUILTY [Recommended to mercy: see original trial image.] . Aged 44.
RAMUZ— GUILTY. Aged 41.Recommended to mercy .— Confined One Year, without hard labour.
RAULT— NOT GUILTY .
NEW COURT.—Thursday, December 17th, 1840.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 20.— Confined Three Months.
GUILTY . Aged 57.— Confined Three Months.
GUILTY . Aged 17.— Confined Six Months.
321. EDWARD BROWN was indicted for stealing, on the 8th of December, 51bs. weight of bacon, value 2s. 6d., the goods of James Dainton; and that he had been before convicted of felony;to which he pleaded
GUILTY . Aged 18.— Confined Nine Months.
MARY SAINSBURY . I am a widow, and keep a glass-warehouse in High-street, Marylebone. On the 21st of October, the prisoner came to my house with two carts of earthenware, which came to 1l. 7s. 7d.—he handed in a ticket to that amount—I paid him the money.
Cross-examined by MR. CLARKSON. Q. Did you know him before? A. Yes, by his coming to the shop.
Cateaton-street. On the 28th of October I paid the prisoner 1l. 7s. 8d. on account of Kenworthy and Co., for two bales that came from Hudders-field—I produce his receipt.
WILLIAM BUBB . I am clerk in the employ of John Kenworthy and others—the prisoner was in their service. It was my duty to receive the money if the wagon comes in before I left—I have not received either of these sums—when I am not there, Mr. Brown receives the money.
Cross-examined. Q. Did you know any thing of these sums till the prisoner told you himself? A. Yes, I knew of Mrs. Sainsbury's—I spoke to him about it on Saturday week, and he gave me this list of names—some of them are the subject of this indictment—I did not say that he might as well tell me at once—I said I was afraid he was deficient in several sums.
(The prisoner received a good character.)
GUILTY. Aged 16.—Recommended to mercy .— Confined Four Months.
MR. CHAMBERS conducted the Prosecution.
ELLEN BACK . I am the wife of George Back, who keeps the George and Vulture public-house. On Saturday afternoon, the 5th of December, the prisoner came there, and asked for 1 1/2 d. worth of gin, and the day's paper—I gave him the paper—while he was reading it, a boy came in for change—I took a canvas bag out of the till, and gave the change—there was about 4l. in silver, wrapped in different papers, and 1l. loose—I think there were some half-crowns among them—after I had given change, another gentleman asked for the newspaper—I said he should have it as soon as the prisoner had done—the prisoner then laid it down, and asked for Friday's paper—I gave it to him, and then went with the day's paper to the gentleman who had asked for it—while I was gone, I distinctly heard money jink in the till—when I returned, I saw the prisoner outside the bar, in the act of taking his hand from over the counter—I said, "You have robbed my till"—he said, "I have not"—I ran to the front door, and bolted it—on my return he knocked me down with his fist, and I think he must have tripped up one of my feet, I fell so suddenly—he unbolted the door, and ran out—I got up, and hallooed "Stop thief "—he was then running in the middle of the street—he was brought back by a person—this bag was shown me afterwards—it had 2l. in it, and one fourpenny-piece—1l. is in paper.
Cross-examined by MR. CLARKSON. Q. Had there been a little boy in the bar? A. Yes—he comes for change for a person on Saturdays—I was very much frightened when the prisoner knocked me down—I did not receive much injury—the skin was knocked off my knee—about three minutes elapsed from the time I bolted the door till he was brought back.
HENRY BARRETT . I am a bricklayer. I was working near the George and Vulture, and heard the cry of "Stop thief"—I ran out, and followed the person, and saw him run into a pawnbroker's shop—directly I got to
the door, I heard some money jingling on the floor—the prisoner came out, ran a step or two, and was stopped.
Cross-examined. Q. Did you know him before? A. No—he did not get out of my sight—I saw Potter take hold of him—I did not see a boy running.
CHARLES TRAVELL . I am in the service of Mr. Cordings, a pawnbroker in Ratcliff-highway. On that Saturday I heard the cry of "Stop thief," and the prisoner came into our door-way—I picked up a small canvas bag with 15s. in it, and some money lying by the side of it.
MART ROBSON . I am the prosecutor's servant. I followed the prisoner to the corner of the street where the pawn shop is—he came out—I laid hold of him—he pushed me aside, and got away—I followed him, and told Mr. Potter to take him.
GUILTY . Aged 48.— Transported for Seven Years.
RICHARD WAKEFIELD . I keep a grocer's shop in Crown-street, Shoreditch. On the morning of the 28th of November, about half-past eight o'clock, I missed this box of plums, which I had seen safe the moment before.
GEORGE TREW (police-constable H 125.) I was in Crown-street, and met the prisoner and another man ten or twenty yards from the prosecutor's door—I took the prisoner, who was carrying this box—he tore his coat and escaped—I am sure he is the person—I knew him before.
Prisoner. The day he says this took place was very foggy, no one could see their hands before them.
GUILTY . Aged 22.— Confined Six Months.
MR. BODKIN conducted the Prosecution.
NICHOLAS MURSELL . I am master of Whitechapel workhouse. The prisoner was gate-keeper—he was appointed by the guardians of the Union—he had a lodge to live in—he was boarded, and had a salary—it was part of his duty to receive the bread which came for the use of the in-door and out-door poor—he was to weigh it, and receive it on account of the guardians—the contractor sends two tickets with the supply of bread—one of them the carman takes back, and the other I file—the prisoner's duty was to receive both the tickets, and if on weighing the bread he found a deficiency he indorsed it on the tickets, and gave one to me, and sent the other back to the contractor—I produce the tickets which I received of the prisoner on the 1st, 2nd, 3rd, 4th, and 5th of December, and they have no indorsement of any deficiency on either of them—the next delivery of
bread was on Monday, the 7th of December—he did not on that day account to me for any bread received to make up any deficiency.
Prisoner. Q. Was it customary for me to indorse the short weight on the tickets? A. It was your duty, you have done it on tickets before—I kept the tickets till the Saturday, and they were then posted in my book, and the tickets destroyed, except those of the last two weeks—you had 1 1/2lb. weight of bread a day, but that had nothing to do with the tickets or the indorsement—that would be charged in the provision-book—it was allowed for your own consumption, not for you to dispose of.
JOHN KINGSFORD . I superintend my cousin's business, who contracts to supply the workhouse with bread—he supplies 41bs., 21bs., and 1 1/2lbs. loaves—we send the bread in daily, and if there is short weight, it is entered on one of the tickets, which is returned to us—I have the tickets which were returned on the 1st, 2nd, 3rd, 4th, and 5th of December, they are all indorsed as deficient, and the whole deficiency is 491bs.—I received this note on the Saturday—reads—"Deficiency 491bs., and the two last weeks 5lbs., making 541bs. Please to send the amount of short bread in 41bs. loaves. WILLIAM COLLARD."—I rather disputed about the 5lbs., but I admitted the 491bs., and on Monday, the 7th of December, I sent twelve 4lbs. loaves for it.
MR. MURSELL. This note is the prisoner's hand-writing, he never accounted for any overplus on the Monday, nothing but the regular supply.
THOMAS PILCHER . I am carman to Mr. Kingsford. It was my duty to take the bread to the workhouse in a van—it was there weighed by the prisoner—I remember his indorsing the tickets, on the 1st, 2nd, 3rd, 4th, and 5th of December, and on the 7th I took twelve 41b. loaves to make up the deficiency—I took them to the workhouse, and delivered them to the prisoner—I told him they were to make up the weight of the week before, and he took them into his lodge—the remainder of the bread was put away in the usual manner—that for the house as sent into the kitchen, and that for the out-door poor to the committee-room—I had seen the bread weighed the week before, and was satisfied there was a deficiency of 491bs.
Prisoner. Q. Did you see me take the bread into my room myself?—A. Yes, I told you it was for what was deficient—you did not say why you took them into your room—you wanted me to hurry the bread in, as they had not any for breakfast—you did not say you would put them into your room, to get them out of the way.
JAMES NASH . I am an inmate of Whitechapel workhouse. On the 7th of December, when the bread was brought in, I saw the prisoner take twelve loaves into his own lodge—he put them on the table, and when the man with the van was gone, the prisoner took three loaves into the committee-room, and the other nine he put into his own cupboard.
Prisoner. Q. Did you not help me to take it away? A. I took in two loaves—you told me to make haste and get them out of the way, as they wanted the bread for breakfast.
JOHN HUGHES . I am the relieving officer of the Whitechapel Union. The bread intended for the out-door poor is taken to the committee-room every day—on the 7th of December I went into the committee-room, I found the proper quantity of bread, and three loaves more—I asked the prisoner if that was all the short weight of last week—he said, "Yes"—I had asked him on the Saturday what short weight there was, and he said, "Very little, not above 121bs."—I borrowed 3lbs. of bread of him on the Saturday, and 4 or 5lbs. the week before.
Prisoner. He owed me 8 or 91bs. of bread, and told me to take it when the short weight came in on the Monday, and to pay myself. Witness. Yes, I owed him that, and I told him to take it—he would have been entitled to two 41b. loaves.
HENRY CHARLES PARKER (police-sergeant H 11.) I was watching about the workhouse on the 7th of December—I saw Terry come out of the workhouse with a carpet-bag—he went to the house of Loveless, a shoemaker, in Wilk's-street, Spitalfields, and I heard Terry say to a boy, "I have brought these two loaves from Whitechapel workhouse; you must take them out, as I must take the bag back again"—Loveless was not at home—I took Terry back to the workhouse—I went into the lodge and asked the prisoner for the key of the cupboard, and he gave it me—I found four loaves in the bottom of the cupboard, and three in the top—I then took the prisoner to the station.
RICHARD TERRY . I am a pauper in Whitechapel workhouse, and am employed to go on errands. On the 7th of December, the prisoner sent me to Mr. Loveless—he gave me two 41b. loaves out of his lodge—he told me to fetch the carpet-bag, which I carried books in, to take a pair of boots to be repaired—I got the bag and went to his lodge—he said, "Hold the bag open, and take these two loaves to where you took the boots last week"—I took them there, and the officer took me.
Prisoner's Defence. I admit sending the two loaves, but I considered them as my own, for what I had lent the officer out of my own rations.
NOT GUILTY .
MR. BODKIN offered no evidence.
NOT GUILTY .
THOMAS LAMBERT . I live in Coleman-street. At a quarter-past nine o'clock, on the 29th of November, I was in Holborn—when I got into Red Lion-street, I had hold of my brother's arm, and while making space for a female to pass, I observed a handkerchief flash from my brother's right side—I caught sight of the prisoner, who drew back into a door-way, but I did not see him with it in his hand—I said to my brother, "You have lost your handkerchief"—he said, "Yes"—I said, "That is the man," and he collared the prisoner, who made a desperate resistance—my brother got him from the door-way, and I picked up the handkerchief in the door-way—there was no other person there.
Prisoner. He said two suspicious characters went by at the time. Witness. There were two men passed by, that my brother had some suspicion of, but they did not go into the door-way—I took the handkerchief from where the prisoner's feet had been.
HENRY LAMBERT . This is my handkerchief—my brother pointed out the prisoner—I followed him to the door, and accused him of having taken my handkerchief—he said, "May I never go home if I have"—he made a desperate resistance—an officer came and took him.
Prisoner's Defence. The prosecutor came up and took me, and asked for his handkerchief—I said I had not got it—he said two suspicious characters
had got it, and his brother came up and showed him the handkerchief—the officer snatched it out of his hand.
GUILTY . Aged 21.— Confined Three Months.
SARAH LONSDALE . I was drinking in a public-house on the 7th of December—I met the prisoner there—he made an attempt to take this handkerchief from my neck while he was in the house, and after that I and a young man came out—the prisoner, and two or three other sweeps, followed us—we crossed, and my friend left me—the prisoner came behind me and pulled the handkerchief from my neck—he instantly threw his sooty cap in my face.
JOHN GROVE . I was passing down Oxford-street about ten o'clock—I saw the prisoner come from the house with several sweeps, and the prosecutrix with a young man—I saw one attempt to take the handkerchief from her neck—I crossed, and the prisoner said, "You b——r, go it"—I followed them across, and saw the prisoner take the handkerchief from her neck and throw his cap in her face—I pursued him to the corner of another street took it from him and took him.
GUILTY . Aged 18.— Confined Six Months.
ALFRED BARNFIELD BARTINGTON . I am the son of Samuel Barnfield Bartington, a carver and gilder. I lost this painting and frame, which was outside his shop, at ten o'clock on the morning of the 10th of December—Leathart brought it to me.
JOSEH DAVIES LEATHART . I live in Bath-place, Bayswater. About twelve o'clock on the 10th of December, I was in Wardour-street—I saw the two prisoners together, looking at a number of picture shops—I watched them—they went on to the prosecutor's—Gibbins took this picture down and looked at it—he put it down and came round the corner of the street—there they had some conversation, and went back—Walkeley then looked in at the window, while Gibbins passed and took the picture again—he put it under his arm and went down the street with it—Walkeley walked after him—I ran and caught Gibbins by the collar, and took him to the station—Walkeley came past us, and Gibbins said "Bill"—I turned my head, and Walkeley went on—a policeman came up—I gave him Gibbins, and ran and brought Walkeley back.
Gibbins' Defence. I was coming down Wardour-street alone—I do not know Walkeley—a gentleman said, "Will you carry this picture to Frith-street, and I will give you a pint of beer?"—I crossed over, and he said, "Make haste—run up here"—I went on—Leathart took me, and said, "Where are you taking this?"—I said, "That is my business"—I think it was a planned thing.
NOT GUILTY .
330. MARY ANN BROOKER was indicted for stealing, on the 12th of November, 1 shawl, value 11s.; 3 sheets, value 13s.; 2 pillows, value 10s.; 2 pillow-cases, value 5s.; 1 bolster, value 2s.; 1 gown, value 4s.; 1 blanket, value 5s.; 1 table-cover, value 3s.; 2 table-cloths, value 5s.; 1 handkerchief, value 2s.; 7 towels, value 6s.; 1 candlestick, value 1s.; 2 brushes, value 2s.; 1 petticoat, value 1s.; 6d., and 1 pair of boots, value 2s.; the goods of John Brooks, her master.
JANE BROOKS . I am the wife of John Brooks—we keep a brothel at Shadwell—the prisoner was in our service for a fortnight. On the 12th of November, I got up about nine o'clock in the morning, and I found the doors open—the prisoner and the articles stated were gone.
Prisoner. John Brooks is not her husband. Witness. I am married, John Brooks is my husband—we were married at Nottingham on the Good Friday of last year—that I swear.
JOHN BROOKS . I am a butcher by trade—I keep this brothel—we were married on Good Friday this year—we went down from London on purpose, and were married at St. Mary's Church—we went down by a night coach from the Bull and Mouth, down to Chorley, and stopped there, and then went to Nottingham—we did not go to any house there—we went to the church, and I took a coach to go back to Chorley—the banns were not published—we went on Good Friday, and got married, and came back again—people did not know but we were married before—we were married by the clergyman—I do not know his name—I paid two guineas for the license—I got it from the clerk—I applied for it on Good Friday morning, and told him I wanted a license, and he got me one and filled it up—my wife was at the clerk's with me—we left Chorley about seven o'clock in the morning, and got to the clerk's about nine—it is about eleven miles from Chorley—I went to a person I knew, and he took me to the clerk who produced the license, and we were married that day—a young man was present, who was an apprentice whew I was—his name is John Bembridge, a butcher, and a companion of his, but I do not know his name.
COURT to JANE BROOKS. Q. When was it you were married, this year or last? A. In the summer of last year—we stopped at Nottingham three or four months—we did not carry on any business, but were at my husband's friend's—he has a mother and a sister who live about two miles off, but we call that Nottingham—we went down about June, and were married at the beginning of the time we were there—we were married about June—the banns were published—I did not hear them, but my husband directed them to be published.
NOT GUILTY .
331. HENRY FLETCHER was indicted for stealing, on the 11th of December, 1 tin box, value 1s.; 1 pocket-book, value 4d.; 10 sovereigns, 63 shillings, 10 sixpences, 26 pence, 28 halfpence, and 2 £5 Bank-notes, the property of Phatuel Granger, in a vessel on the River Thames.
PHATUEL GRANGER . I am master of the brig William, lying off Stonestairs, Ratcliff—the prisoner was my apprentice. On Saturday afternoon the 11th of December, I came on shore, leaving him on board—I had a box on board, and the prisoner's indentures were in it—when I returned I missed the box—I asked the prisoner if he had seen it—he said no—I found it by the starboard gangway, broken open, the box and money was all there, but his indentures were gone—he told me he had thrown them overboard, as he did not like the sea.
NOT GUILTY .
332. CHRISTOPHER WELCH was indicted for stealing, on the 26th of November, 1 pair of boots, value 4s.; 1 jacket, value 3s.; 1 waistcoat, value 1s.; 6d.; 1 pair of stockings, value 1s.; and 1 handkerchief, value 6d.; the goods of George Thomas Dawson: and 1 pair of boots, value 3s., the goods of Eliza Ven; and that he had been before convicted of felony.
GEORGE THOMAS DAWSON . I am a chimney-sweep. I lodge in Church-lane, St. Giles's—I took the prisoner in from charity, on the 22nd of November, and gave him lodging and victuals—when I got up in the morning on the 26th, he and the articles stated were gone.
Prisoner. On the 25th of November the prosecutor handed me the key to open his master's cellar—when I got up in the morning he told me to put on his things, but instead of opening the cellar, I walked on to Aylesbury for work.
GUILTY . Aged 21.— Transported for Seven Years.
JAMES PROCTOR . I am a cheesemonger, living in Lisson-grove. At half-past nine o'clock last Saturday night I was attending my goods outside my shop—I saw the prisoner in my shop—after she had been in some time I missed the bacon—I asked what she wanted—she said some cheese—I told the lad to serve her—she then came out in a great hurry—I took hold of her, and she had this bacon under her arm.
Prisoner. You did not give me time to pay for it. Witness. It had not been weighed—it was concealed under her cloak.
GUILTY .** Aged 39.— Confined One Year.
ALEXANDER LITTLEJOHN . I am a baker, living in Wapping-wall. I went out for three quarters of an hour, on the 14th of December, leaving the till under the counter, its usual place—it contained three sixpences, 1s. worth of copper, and a Birmingham token—when I returned, the till was gone—soon after the officer told me something—he then ran down an alley, and brought the prisoner back—he found 9 1/2 d. in copper, and a Birmingham token on him.
SAMUEL CROMARTY . I am a Thames Police-constable. At half-past seven o'clock that evening, I saw the prisoner come out of the prosecutor's—he turned up the alley—I followed, and brought him back, and found on him eight penny-pieces, three halfpence, and this Birmingham token.
Prisoner's Defence. I went to buy a penny-loaf—I changed a shilling, and they gave me the token.
GUILTY . Aged 19.— Confined Six Months.
JOHN SAVAGE . I work for Mr. Jones, in Field-lane. On Wednesday evening, the 9th of December, I was going to the prosecutor's shop on Holborn-hill, with some work—I saw the prisoner put his arm round inside the door-post, and take two pairs of clogs—I called "stop thief," three or four times—he dropped one pair, and ran up a court—I gave that pair to Morris—the prisoner kept the other pair.
THOMAS MORRIS . I am shopman to Alexander Wilson and another—I heard a cry of "Stop thief"—I ran out up the court, and could not see any one—I came back and found two pairs of clogs were gone—Savage gave me one pair.
GEORGE BULL (police-constable H 121.) I was on duty on the Friday after the robbery in Petticoat-lane, and the prisoner ran past me with this pair of clogs in his handkerchief—I asked what it was—he held them out and said he picked them up in Smithfield—I took him.
Prisoner's Defence. I picked them up in a pen in Smithfield.
GUILTY . Aged 19.— Confined Three Months.
Prisoner's Defence. A man asked me to carry it.
GUILTY . Aged 18.— Confined Four Months.
337. CHARLES POPE was indicted for stealing, on the 10th of October, 4 pieces of patchwork, value 4s.; 7 candlesticks, value 9s.; 2 decanter stands, value 2s.; 1 mustard-pot, value 3s.; 4 salt-cellars, value 20s.; 1 tea-pot, value 5s.; 14 saucers, value 1s.; 19 cups, value 1s.; 6d.; 1 work-box, value 2s.; and 1 bottle, value 2s.; the goods of William Clifford Smith, his master: also, on the 9th of October, 1 shawl, value 15s.; 1 ring, value 11s.; and 1 handkerchief value 4s.; the goods of Eliza Taylor; to which he pleaded
GUILTY. Aged 23.—Recommended to mercy .— Confined Six Months.
GUILTY . Aged 58.— Confined Three Months.
GUILTY .— Confined One Month.
On Saturday night last, about twenty minutes before ten o'clock, I was walking with a friend up the Uxbridge-road—two women came up and took hold of our arms, and asked us to go into the park, which I did, but my friend did not—I went in with the prisoner, who had taken hold of my arm, and she put her hand into my pocket—I knocked her hand out again—I then took my watch out of my pocket, and put it into my trowsers' pocket—I then put my hand into my waistcoat pocket, and missed two half-crowns which I had had there—I did not say anything to her till the policeman came by, when I said she had robbed me—she said, "What a lie!"—I gave charge of her—in going to the station, the policeman saw her row something away twice—he called another policeman to come to him with his light—he found one half-crown, but could not find the other.
JOHN BECKERSON (police-constable A 22.) I met the prosecutor, who said he had lost two half-crowns—I asked the prisoner what money she had got—she said, "Only sixpence "—I said, "Allow me to see"—she said she would not be searched by a man—I took her towards the station, and saw her hand go from her—I found one half-crown in the direction her hand went—I could not find the other.
Prisoner. Have mercy on me, for the sake of my two children.
GUILTY . Aged 33.— Confined Three Months.
JOHN BLACKBURN . I am master of a brig lying at Long Reach—the prisoner came up in the brig from Middleburg—he was to have 4l. for coming—I paid him and discharged him—after paying him and another man, I had two half-sovereigns, and eleven sovereigns, in a dirty yellow bag in my left-hand breeches pocket—I went to a public-house to drink—the prisoner sat down by me—when I came out, he laid hold of my arm, and took me to my lodging, and between the public-house and my lodging I missed my money—I was tipsy—I saw the prisoner in New Gravel-lane on the Sunday morning following—he said he was very sorry for what had happened, and gave me a half-sovereign—no one but him had been with me—in going from the public-house home he confessed he had the money.
GEORGE WILLIAM GRAY (police-sergeant K 11.) I heard the prisoner make this statement in the deposition, and he gave information where we could find the money—(read—"The prisoner says, the captain said he had a good deal of money—I told him he had better give it to me—he did; I did not mean to keep it.") The prisoner said to the prosecutor, "It is no use telling a lie; I took your money when you were drunk—six sovereigns I left at the public-house, and five sovereigns I put behind the barleymow "—I went and got it.
Prisoner's Defence. I left the money to be taken care of, and told one of his men where it was—I did not mean to keep it.
GUILTY. Aged 33.—Recommended to mercy by the Jury and Prosecutor .— Confined Five Days.
shop and told me something—I found I had lost twenty yards of drugget—I ran out opposite, and found the prisoner with this drugget belonging to my master.
Cross-examined by MR. ESPINASSE. Q. Where were you? A. At the further end of the shop—the street is wide—I saw the prisoner crossing the road about 200 yards from the shop.
JULIA CONNOR . I keep a stall opposite the shop—I saw three men cross the road—I do not know either of them again—one of them took the drugget—I saw him followed by Farraday, but I did not see him taken.
THOMAS PARKER . I am a policeman. I saw the prisoner running across the road with the carpet on his shoulder, and Farraday after him—before he came to him, the prisoner turned and threw the carpet off his shoulder, and ran off.
Cross-examined. Q. Did you see him before he was running? A. Yes; I saw him about 100 yards from the prosecutor's.
GUILTY . Aged 25.— Confined Four Months.
CATHERINE PRICE . I am the wife of Anthony Price, and live at Gray's-buildings, Marylebone. On the 14th of December, the prisoners came to my room and sat a little while, and when they were gone, I missed this cloak from the door—I got a policeman and found the prisoners—I told Conway if she would give me my cloak or the ticket, I would not harm her—she denied it.
Conway. Q. Did not you and I go and have something to drink?—I was very tipsy. A. We did not.
Conway. Q. Did I appear sober? A. You were not drunk.
Brown's Defence. Price lent Conway the cloak to pawn—I did not take notice of it—Conway pawned it—I had the ticket, but I forgot it.
Conway's Defence. I do not recollect any thing of it.
CONWAY— GUILTY . Aged 42.
BROWN— GUILTY . Aged 29.
Confined Four Months.
JOHN GOOCH . I am a builder, living in High-street, Knightsbridge. I am doing some work for Mr. Hyam—I bad employed Flynn to work there—I have lost some lead from there—I have compared the lead produced with what remains, it fits exactly—it was fixed, but it was the prisoner's duty to remove it.
JAMES FLYNN . I employed the prisoner to work under me at Mr. Hyam's house, to repair the roof—I gave him orders to remove this piece of lead, but he ought to have left it there—I had no instructions respecting the lead, it was Mr. Gooch's.
JOHN DUNN . I am in the prosecutor's employ. I went to work with the prisoner, and about three o'clock he told me to sort some slates, and he would call me when he wanted me—about half-past three o'clock he called me, and gave me a bag, with some lead in it, and told me to sell it—I said I would not—he told me to take it to his lodging—I went and was within a couple of yards of his lodging, when the policeman stopped me.
Prisoner's Defence. I did not order him to take any thing away; the lead was cut when I got there, there was a knife in the gutter; I do not know any thing about it.
GUILTY . Aged 40.— Confined Four Months.
(There was another indictment against the prisoner.)
JOSEPH NORTH . I am a labourer, and live at Windsor. I was driving my brother's van to London, on the 6th of November—the prisoner got up at Hounslow, my coat and whip were safe then—he got out after we got through Brentford—he had the coat on his back—he got out to drive, and I got in—when we got to the broadway I missed him, all at once, also the coat and whip—I have not seen them since—he told me he left the whip at a public-house, for two pots of beer, and offered me 5s.
Cross-examined by MR. DOANE. Q. You went to one or two public-houses to drink? A. Yes, it was not very cold weather—it was very early in the morning—I had seen him about before, but never suspected that he would thieve—I did not go to sleep—I afterwards met him at a public-house at Windsor, and he said he was sorry, and would give me 5s.—at another time he offered me 10s.—I gave him into custody.
HENRY SEXTON (police-constable N 158.) I took the prisoner—he stated to the Mayor at Windsor first that he knew nothing about the coat, then said he took the coat off and threw it on the shafts of the wagon, then that he threw it into the wagon.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Four Months.
JOHN HICKS . I am a shipwright and joiner, living at Artichoke-hill, St. George's—I lost some wood, and spoke to Ford about it—he told me something, in consequence of which I went and found a large shed, eleven feet high, erected in a yard belonging to Mrs. M'Carthy, where the two prisoners lived—I found the shed was made of my wood—Ford was in my service, but not Moore.
Cross-examined by MR. ESPINASSE. Q. You discharged Ford before this? A. Yes, he had been with me two or three months.
the 29th of November, I heard a noise—I got up and looked out of window, and saw a board going over the wall, and there was another on the other side—I called to them to drop it—one of them, who was handing the board over, dropped it.
THOMAS CUMMINGS (police-sergeant H 5.) On the 30th of November the prisoners were given to me by Joseph Hicks—I went to Pennington-street—I went into the yard, and found a large shed erected—the prosecutor identified the boards—I took Moore into custody at his work—I made him no promise—he began to cry, and said he hoped Mr. Hicks would forgive him, he would never take it again—he said that Ford and another brought a pole and some boards to his place—he was to pay half the money—after that Ford told him that they were stolen, and on that account he did not pay him—that after that he, Ford, and Tatum went and brought wood away each time.
Cross-examined. Q. Are you quite sure nothing was said about his being forgiven? A. Yes.
(Moore received a good character.)
FORD- NOT GUILTY .
MOORE— GUILTY . Aged 15.— Confined Two Months.—The last Week Solitary.
GUILTY . Aged 13.— Confined Five Days, and Whipped.
GUILTY . Aged 48.— Confined Three Months.
DAVID RIED . I am a baker, and live in Leadenhall-street. The prisoner was in my service, and it was his duty to pay me all the money he received, daily—if he has received 2s., 5 1/4 d. from Mary Ann Barker, or 1s., 9d. from Luke Hancock, he has not paid them to me.
Cross-examined by MR. PAYNE. Q. Can you speak positively to his not paying you these specific sums? A. Yes—he paid me nothing on account of Mrs. Barker on the 3rd of December—he paid me 4s., 6d. that day—on the 28th of October he paid me nothing on account of Mr. Hancock—he paid me some money—he is accountable for every thing that is entered in my book—I never omit to make entries of the sums paid by him, nor ever delayed it but once, when I was out of town—he calls over the sums, and I enter them—I manage the books—I have not my book here.
COURT. Q. Have you refreshed your memory by looking at your book? and can you state that you have not received either of these sums? A. Yes, I can.
Cross-examined. Q. Have you a distinct recollection of paying it that day? A. Yes.
1s. 9 1/2 d. between the 23rd of October and the 1st of November—I cannot recollect the day.
MR. REID. He did not pay it to me between the 23rd of October and the 1st of November.
Prisoner. He has omitted to enter things for two or three days together.
GUILTY . Aged 30.— Confined Six Months.
350. CAROLINE BURTONSHAW was indicted for stealing, on the 14th of December, 1 watch, value 10s.; 1 piece of foreign coin, value 5d.; 2 half-crowns, and 14 shillings; the property of Edward Westley, from his person.
EDWARD WESTLEY . I am a sailor. On the 14th of December I went into a public-house—I had my watch, the foreign coin, and the other money stated, with me—between ten and eleven o'clock in the evening the prisoner came in and sat on my left-hand side—she put her hand into my left-hand pocket, and I lost my watch and money—I told the officer of it—the watch produced is mine.
Prisoner. Q. Did you not catch me in the street, and insist on my going in? you pushed me into the tap-room, and gave me the watch.? A. No, I did not—I did not give her any money.
JOSHUA GEORGE BONE (police-constable H 193.) The prosecutor made a charge against the prisoner—I took hold of her, and asked where the money was—she said she had none—I asked her about the watch—she said she had none—I took her to the station—in going along she stopped, and wanted to sit down—I told her no—when she got to the station she sat down—I saw her put her finger about her neck, and she undid her bonnet—I took her bonnet off, and this purse dropped from her hair—I then took off one of her boots, and out of it fell this watch, and 4s.; 1 1/2 d.
Prisoner. It was Driscoll took the boot off me, and the watch fell from my hand. Witness. No; I took the boot off, and it fell from that.
Prisoner's Defence. The prosecutor came and shoved me into the public-house; he called for ale and gin, and said, "Come home with me, I have got three watches and plenty of money;" he opened his coat, showed me a watch, and put this watch on the table, and said, "I will give you this watch if you will come home with me, and make a lady of you"—I had got 4s.; in my bosom, which I had worked for.
GUILTY . Aged 26.— Confined Six Months.
Fifth Jury, before Mr. Recorder.
DAVID JACKSON . I am a journeyman baker; I live in Liquorpond-street. Last Saturday night I went to a cook-shop, about twelve o'clock, and had a basin of leg of beef soup—I fell asleep—I had been drinking previously, but nothing of any consequence—I cannot exactly say what money I had in my pocket, but I thought about eight shillings, two or three sixpences, and some copper—I had 1s.; 6d. in silver, and 8d. in copper, besides—I awoke in ten minutes or a quarter of an hour, and found a woman near me at my left side—I saw two policemen looking in at the door—one of them spoke to me—I felt in my right-hand pocket and missed my money—I afterwards found the money in my left-hand pocket was safe—I did not give any woman
any money that night—I saw no woman in the place before I went asleep—I was not intoxicated.
JOHN CARPENTER . I am in the service of Mr. Worrall, who keeps a cook-shop. On Saturday night the prosecutor came in alone, about twelve o'clock, and had some soup—the prisoner was sitting opposite to him—he fell asleep—I then saw the prisoner go and sit on the prosecutor's right-hand side—she put her left hand into his right-hand trowsers' pocket, and pulled out some money—he laid with his back against the settle, exposing his right side to her—I said, I thought she was not doing the thing that was right, she said she was, she knew the man—I awoke him, and could make no sense of him—I let him sleep—my master awoke him—we would not let the prisoner go out till they went together—my master asked him if he had lost any money, or missed any—he said, "No," till he got out-side the door, then the policeman followed him, and asked if he had lost any money—he said he had—I had seen 1s. 8d. in the prisoner's possession, which she put down on the table immediately after she put her hand into his pocket—she took it up again when I spoke to her—there had been no symptoms of her knowing the man before he fell asleep—they had not talked together.
Prisoner. Q. What money did you see me take out of his pocket? A. I cannot be certain to the amount—I saw your hand in his pocket—I did not take up his change, and put it into my pocket—I gave him 9 1/2 d. change.
HENRY SAWYER (police-constable G 174.) I saw the prosecutor leave the shop—the prisoner came out at the same time—Worrall gave me information, and I stopped the prosecutor after the prisoner left him—he put his hand into his pocket, and said he had lost 15s. or 16s. he was not sure which—I went after the prisoner, who was walking very fast, and asked her if she had stolen the money from the man—she said, "No—what man?"—I said, the man in the cook-shop with her—she said, "No," all that she had was 1s. 3d., and that he had given her—I brought her back to the prosecutor, and be asked if she would give him his money back—she said all she had was 1s. 3d.—he gave her in charge.
MARY ANN REDMAN . I am the wife of Henry Redman, a police-constable—I searched the prisoner at two o'clock in the morning of the 13th of December—as I undressed her, the money fell from her in all directions—she endeavoured to stand so as to prevent my picking it up—I pushed her aside, and picked up 7s. 6d., 9d. in copper, and a French penny—she had no pocket on—one shilling fell from a slit in her stays.
Prisoner's Defence. I know the prosecutor well; I had seen him before, and drank with him several times; he said he would go home with me, but told me not to expose him, as he was married, and he could not give me any money till he got change—we went to the eating-house—he said, "You go in first, I will come in after you, take no notice of me"—I went in, and sat down—he came and sat opposite me—presently he said, "Will you have any thing to eat?"—I called for a basin of soup, and he did the same—he then laid down his head on his arm, and beckoned me to sit by him, which I did—he then pulled out this 1s. 3d., and said, "This is all I have got about me, take this"—I took it, and said, "Very well—I will trust to your generosity for what you promised me," which was 4s.—he then laid his head down, and whether he went to sleep or not I do not know—when I was going out I tried to awake him up to come with me,
but I could not—the witness awoke him, and as we were going out the landlord said, "Is your money all right?"—he said, "Yes"—we came out—I laid hold of his arm, and came nearly to the corner of Hatton-garden—I then said I should go home—he said, "Very well—so shall I"—I was going on, and the officer spoke to him, came after me, and said I had robbed him—the 1s. 3d. I had in my hand, and the other money which was about me I had taken for oranges that day.
DAVID JACKSON re-examined. I had seen her frequently about the street, but had never spoken to her, or drank with her—I had no such conversation with her that night as she has stated—there is not a word of truth in it—I left work at ten o'clock—my wife and part of my family went to some friends in Theobald's-road—I went and brought them home, and then having nothing in the house, I went to have my supper—I had not been in company with the prisoner.
GUILTY . Aged 25.— Confined Twelve Months.
GUILTY .— Confined Three Months.
GUILTY .— Confined Ten Days.
GUILTY .— Confined Six Months.
GUILTY .— Confined Three Months.
356. JOHN MARRILLION was indicted for stealing, on the 11th of December, 1 pewter pot, value 1s. 2d., the goods of Joseph Messer; and 1 pewter pot, value 1s. 2d., the goods of Thomas Harnett, to which he pleaded
GUILTY .— Confined Six Months.
GUILTY .*— Transported for Seven Years.
THOMAS JOHN BAYLEY . I keep the Market coffee-house, West Smith-field; the prisoner was there between four and five o'clock in the morning. On the 16th of December a person in the coffee-room gave me a half-sovereign to pay for some refreshment—I said I would get change—the prisoner said he would give me change—I went over to him, and held out the half-sovereign—he put one of his hands into his breeches' pocket, to get change as I supposed, and with his other hand he took the half-sovereign,
put it into his mouth, and, I believe, swallowed it—he made a motion, put his head back, and said, "It is gone"—I stood for a minute, and said, "Come, old fellow, give us the change," and he held out his hand to me with three buttons in it—I let him remain a few minutes, and gave him another cup of coffee—I have never seen the half-sovereign since—I asked him again for the change, and he said he had no half-sovereign about him—I gave him into custody—he had been drinking, but was sober enough to know what he was about.
Cross-examined by MR. PAYNE. Q. He leaned his head back? A. Yes, and made three gulps—I saw the half-sovereign go into his mouth.
GEORGE DESBAINE . I am a supernumerary policeman—I am not sworn into office—we fill up vacancies in the night duty—I took charge of the prisoner—he had nothing on him—he admitted he had had the half-sovereign, and offered change with the three buttons.
Cross-examined. Q. What did he say? A. He said he had the half-sovereign, and put it down on the table, and did not know what became of it afterwards—there were six other persons in the same box with him.
COURT. Q. Do you receive any pay for acting as supernumerary? A. Yes—if I am on duty all the week I receive 19s. from the Inspector—some-times we are only on four or five nights in a week—we sign a sheet at the station for the number of nights we serve—some of the supernumeraries are employed one night, and some another—we are appointed by Mr. White-year—my name is on the list at the station—I was never sworn in as a constable—I have no number—a person would know who I was by applying at the station—they would know where I was on duty—there are three vacancies at our station, which is the second division in Smithfield—I do not know what number I am serving in place of—I have been employed about nineteen months—I have not been constantly on, as there are more super-numeraries than there are vacancies—I have been on that beat about a month.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy by the jury .— Confined Three Months.
KEDGE pleaded GUILTY .— Confined Six Months.
WILLIAM WOOLLEY . I am clerk to John Crowley and Co., Nos. 30 and 31, Wharf-road, City-road—they are canal carriers. The prisoners were in their employ—Manning has been so for about twenty years—I went on Saturday last to the shop of Joseph Mainon, in Brick-lane, and saw some iron there—it was old iron in the state in which I saw it then—it was what had come up by our barges, and had been on our wharf for some time—there were some iron plates amongst it, and a fly-wheel—I could identify the greater part of it—there was about 1 1/2cwt.—I had seen it on the wharf not more than a week before—I sent for the prisoners, and gave them into custody—this iron railway chain was amongst the iron I found.
and said, in Manning's presence, that he had brought some old iron from Crowley's wharf—I asked him if the clerk had given him permission to sell it—he said, "Yes," they were clearing out against Christmas—I paid Kedge 7s. 1d. for it, and they left together—I showed Taylor the iron—it was worth half-a-crown a hundred-weight.
Manning's Defence. When I came home this hamper was there packed; I did not know what was in it; I was going with my cart to the Borough, and I took this.
MANNING— NOT GUILTY .
MARIA MONK . I am the wife of William Monk—we live in Gower-place, St. Pancras—it is our dwelling-house. I left home last Thursday evening about twenty minutes before nine o'clock, and am positive I shut the door—I returned at ten minutes before nine, and found the prisoner standing in my front-parlour, with a drawer open—I asked what he wanted—he said he saw two men go out of the house, and he wanted to know what they wanted—I sent for an officer, and gave him into custody—I missed from the back-parlour a coat, a black silk gown, and a shawl, which had been safe when I went out—I found on the floor a lot of lucifer matches, some burnt, and some unburnt—my door could be opened with a latch-key.
Prisoner. It was dark, she could not see me. Witness. I did see him—the table-drawer which he was standing at was nearly opposite the door—I rang a bell for the servant to bring me a light.
EMMA IVES . I am the prosecutrix's servant. My mistress went out at twenty minutes to nine o'clock, and came in ten minutes before nine—she then rang the bell very loud, and I came up with a candle—I saw the prisoner in the parlour, by the drawer—my mistress was asking him what business he had there—a man who lived in the kitchen came up after me—he went for an officer—the lodger had been in the kitchen with me while my mistress was out.
Prisoner. Q. Where was I? A. In the middle of the parlour, by the drawer—the table-cover was turned up.
GEORGE ANTHONY . I have been a special constable of the City for ten years, but I am not so now. On the night of the 10th of December I saw the prisoner, about twenty minutes to nine o'clock, in company with two others—I knew them all by sight—they were in University-street, Tottenham Court-road, which is two or three minutes' walk from the prosecutrix's house—I saw the prisoner go up to a door-way in University-street, as if he was going to enter the house—there was then a whistle, and he came from the door, and walked on towards the prosecutrix's—I saw the prisoner in custody the same evening—I asked him if he had any screws about him—he laughed at me—I went to the prosecutrix's house, and in the gutter opposite the door I found this key, but it does not open the prosecutrix's door.
prosecutrix's—I asked how he came there—he said he saw two men run away with a bundle, and seeing the door open, he went in to see if any body was there to acquaint them of it—I found on him a box of lucifers and a knife—the prosecutrix gave me some other lucifers—two of them are not burnt—they are of the same sort as those I found on him.
Prisoner's Defence. I saw the door open, I went in, knocked at the parlour door, and the lady asked me to walk in I told her I saw two young men run from the house; the lucifers most likely dropped out of my pocket when the policeman searched me in the parlour; the lodger said he had only been in two minutes; it is not feasible that I should stand by a drawer which I had opened.
Mrs. MONK re-examined. There was a great bunch of lucifers, which had been burnt and put by the mat—there were some in both parlours—they are things I never use.
GUILTY .* Aged 18.— Transported for Seven Years.
WILLIAM PRIESTMAN . I am in the service of Mr. Richard Lindley, a butcher in Newport-market. The policeman took the prisoner on another charge—he then came to our shop, and I missed a breast of mutton, which I had seen safe about two o'clock.
JOHN SMITH (police-constable C 177.) I took die prisoner in a shop in Castle-street, about a hundred yards from Mr. Lindley's shop—I found this breast of mutton in his basket—he did not say how he got it.
Prisoner's Defence. I bought it in the market for 1s. 4d. I could point out the person I bought it of.
NOT GUILTY .
SARAH COLEMAN . I am the daughter of Thomas coleman, a cheese-monger, in Castle-street. The prisoner came on the 11th of December—he bought some butter, and paid for it—he then asked for some bacon—I sent him to my father, who weighed a piece for him, and I saw the prisoner take up another piece, and put it under the sling that his arm is in—I spoke to my father who sent for an officer, and he was taken.
Prisoner. I asked the price of the bacon—it was not out of my hand. Witness. You concealed it inside the sling—you put it down amongst the other pieces when you heard me tell of it.
Prisoner. Q. Did your father say if I did not pay him 3s. 4d. for it, he would send for a policeman? A. Not for this bacon—I am sure did not hear it—he said, if you did not pay for the other piece, which came to 3s. 4d., that he would send for the policeman—the other piece was larger than this.
THOMAS COLEMAN . I keep the shop. The prisoner selected a piece of bacon, and my daughter said, "He has got a piece of bacon"—the moment the prisoner heard that, he pulled this piece from under his arm, and threw it down—I saw him draw it from under his arm under his sling, and throw it down.
Prisoner. Q. Did you not say unless I paid you 3s. 4d. for the piece of bacon, you would send for the policeman? A. That was for the other
piece which he bought, and before I knew he had taken this—I weighed the other piece—he said, "Put that by till to-morrow, and I will come and fetch it "—I told him I could not, unless he left something, and during that conversation my daughter said he had got this under his arm.
COURT. Q. Did you never say unless he paid for the bacon, you would send for a constable? A. No, I did not—that was the piece he was buying.
NOT GUILTY .
AUGUSTUS EVANS . I am shopman to Mr. William Lovick, a pawn-broker, in Crown-street, Finsbury. On the 15th of December, I went to the shop door to take in some things, and missed a pair of trowsers—I looked down the street, and by the light of the lamp, I saw the prisoner running at the corner of Clifton-street, with something under his arm—I followed him down Clifton-street, and through some courts till he came to Long-alley—I took up these trowsers near his feet.
Prisoner. I was ten or twelve yards from them. Witness. No, they were not more than two yards from him.
CORNELIUS CANSDALE (police-constable G 194.) I was on duty about a quarter before five o'clock—I heard a cry of "Stop thief," and saw the prisoner running towards me—I tried to stop him—he went on one side, and got about ten yards from me, with these trowsers under his coat, and when I caught him, he dropped them directly.
Prisoner. When the officer took me I had nothing—I walked ten or twelve yards towards the man. Witness. You pulled them from under your coat, and they fell on the ground where you were standing, about the time the witness came up.
Prisoner. I heard a cry of "Stop thief," and ran up Long-alley—the policeman stopped me—he took me ten or twelve yards, and the young man came up.
GUILTY . Aged 19.— Confined Six Months.
JOHN MOORE . I missed a tub out of the passage in the back of my premises in London-passage, St. Luke's, about half-past six o'clock last Saturday evening, and on Sunday evening I missed a pan—I called my wife to go for a policeman—I found the pan in the water-closet.
WILLIAM ROGERS (police-constable G 46.) I searched the prisoner's room, No. 3, in Hartshorn-court, about ten rods from London-passage, on Sunday evening—the prisoner was in custody at the time, but she told us she lodged there—the door was locked, and when it was opened I found this tub in a corner of a cupboard in the room.
Prisoner. I bought the tub in Petticoat-lane for 4d., five or six weeks ago.
GUILTY . Aged 52.— Confined One Month.
OLD COURT.—Friday, December 17th, 1840.
Fourth Jury, before Mr. Justice Patteson.
365. JULES RAULT was indicted for having in his possession, with-out lawful excuse, a piece of paper upon which was printed part of a foreign promissory note, of Nicolas, Emperor of Russia.—Other COUNTS, varying the manner of stating the charge; to which he pleaded
GUILTY. Aged 82.— Judgment Respited.
JAMES COX . On Sunday, the 29th of November, I turned out my father's mare into the west field, which is a common right—I went there about nine o'clock on Monday morning, and she was gone—on Tuesday a man gave information, in consequence of which I went to the police-station at Hounslow, and found the mare in Mr. Sabin's stables—I am certain it is my father's mare.
JAMES GEORGE SABIN . I am a horse-dealer at Hounslow, About half-past ten o'clock on Monday morning, the 30th of November, I saw the two prisoners going along the road to Hounslow, with a mare—they came to the Coach and Horses public-house door, where I was, and had a pint of beer—I went to the door, and said, "That is just such a little nag as I should like to buy"—Glew said it was for sale—I asked him the price—Hale said he was going to have it killed—it did not quite look like a dog-horse—I walked with them down to my house, and had the mare taken into my yard—I asked Hale what he wanted for it, where he brought it from, and who it belonged to—he said he brought it from Mr. William Hall's, of Whiphill, I think, near Guildford, but that he had then come from a public-house just out of Hounslow—Hale said I was to give the money, and put down on a piece of paper what money I gave for the horse, so that he should take it home to a relation of his—I told him I would go along with him to the public-house he said he had brought it from—Glew walked off towards London—I put the mare into the stable—and Hale went towards where he said the public-house was—when we got within about five yards of the station, I told him we had better walk in there, and we could see about it—he said "No, I won't," and started off, and ran towards Kingston—I could not follow him, having the gout—I directly gave information to the police at the station—(I saw Hale in cuttody on Wednesday week, and knew him to be the man)—I gave Glew in charge the same day, about two hours after—he was coming by my door while I was giving the policeman a description of the mare—I walked out, and said, "That is one of the men, take him"—I said to him, "What have you done with your mate?"—he said he had not seen him—I asked if he had sold his little nag—he said he did not know, he had not seen him—I asked him if he was acquainted with Hale—he said no, he never saw him in his life, till he came up against that public-house, and asked him to have some beer—I am positive he is the man—I had never seen him before
—the police-sergeant took him into custody—the mare was claimed by ox on the Tuesday.
RICHARD GREEN . I live at Feltham, about two miles and a half from Hounslow, towards Chertsey. On Monday, the 30th of November, I saw the two prisoners going along the road in company—Glew had the nag—I did not see Hales's face—they were going towards Hounslow—I noticed that it was a chestnut mare with a white face—I have since seen Cox's mare at the Pigeons at Brentford, and am certain it was the same—one of the policemen brought it from Hounslow.
ELIZABETH BARNES . I keep a beer-shop at Feltham. On the 1st of December I recollect two persons coming with a horse, and having some beer—I know Glew to be one—I cannot say any thing to Hale—it was a chestnut-colour, with a white face—they said they had come from Chertsey, and were going to Hounslow—I went to Hounslow that morning, and passed them again just as they got to the Bell—the same two men were with the horse—they came to me between seven and eight o'clock', and left near ten.
JOSEPH CHITTY . I am a constable of Woking—I apprehended Hale at Cox's on the 8th of December at Woking—I knew him before as a Woking man and a labourer—he came to Cox's that evening—I brought him to Hounslow to see whether Mr. Sabin would identify him—I delivered him to the sergeant—Sabin came and said he was the person who was with the other man—Hale denied it—he was taken before a Magistrate.
CHARLES JECKS . I am a police-sergeant, of Hounslow. On Monday morning, the 30th of November, I was at Sabin's—I saw the horse, and took the description, and as I came out I saw Glew—Sabin said, "He is the man"—I apprehended him—Sabin asked what he had done with his mate, and he said he did not know him, he had never seen him before that morning, when he met him by the Coach and Horses, and he asked him to have a pint of beer, which he did, but he never set eyes on him before.
RICHARD MONK . I live at Sand, near Woking. On Saturday, the 28th of November, between six and seven o'clock in the evening, I saw the two prisoners drinking together at the New Inn, at Sand, about a quarter of a mile from Woking—I knew Hale before, but not Glew—I was in the room where they were for about half an hour—I did not see them after.
SAMUEL COX re-examined. Hale was at my house on Tuesday evening, the 8th of December, and I sent for a constable to take him on suspicion—he was not at my house at the time—the constable was there first, hut I had been informed he was coming to the house—he had promised to call at my house that evening—I had cause of suspicion, and told him to come—I have known him some years—Glew is quite a stranger to me.
Glew's Defence. It is false; I had no hand in it.
Hole's Defence. It is very false to say I took the horse; I was not along with it.
GLEW— GUILTY . Aged 20.
HALE— GUJLTY . Aged 26.
Transported for Ten Years.
367. ELIZA DAVIS was indicted for assaulting Ann Phillips, on the 24th of November, putting her in fear, and taking from her person, and against her will, 1 bonnet, value 4s.; 1 yard of ribbon, value 6d.; 1 feather, value 5s.; and 1 purse, value 1s.; her property.
ANN PHILLIPS . I am single, and live at No. 2, Angel-alley, White-chapel. On Tuesday night, the 24th of November, before twelve o'clock, I was at the Pavilion theatre—I was returning home to my lodging—I turned into Angel-alley, and in the alley I met the prisoner—I knew her before, but was never in her company—she asked me to give her some money—I told her I had got none to give her—she then hit me in the lip with her fist, then put her hand in my bosom, and took my purse out—there was no money in it—it was a blue purse, with white stripes on it—I turned back to go a different way home, to get out of her way—I did not strike her at all—she followed me, and hit me, at the corner of Osborne-street, across the nose and in the eye—she then undid the string of my bonnet, and threw me down in the mud—I did not fall from the blow—she threw me down when she hit me, to undo my bonnet, to take it off my head—she broke the string, and took it right off—she ran away, leaving me there—there were a good many people present when she ran away—she took my bonnet with her—I went home—I made no charge against her next day—I could not come out till Friday, because my face was so bruised—I came out on Friday, and saw her in Angel-alley—she spoke to me first, and began to abuse me again, calling me names—she did not strike me again—I then gave her in charge—I did not see any body present when she struck me and broke my bonnet-string—the bonnet had a feather in it—I have not seen the feather again—I had never spoken to her before, but I had seen her walking the street—my occupation and hers are the same.
JURY. Q. Had you been drinking together on the Tuesday evening? A. No, I never drank with her—I had had part of two quarterns of gin with Richardson, who is here—I was quite sober.
MARY ANN RICHARDSON . I live in Angel-alley. On Tuesday, the 24th of November, I had been to the Pavilion, and had a quartern of gin with the prosecutrix—we were both quite sober, I am certain—she left me to go home, just by the Pavilion, in Wnitechapel-road—I live in the same house with her, but in a different room—I came home about a quarter to one o'clock—Phillips was then at home, and crying—her face was bruised—she was saying when I came home, "Don't tell Mary Ann"—(she was afraid to tell me)—I said, "I don't want to know any of your secrets," but two or three minutes afterwards I asked her how it happened, and she sat down in a chair, burst out crying, and told me all about it—on the Tuesday night she had on a straw bonnet, lined with Persian silk, and the outside trimmed with velvet—I did not see that bonnet after she parted with me that night—I went out with her on the Friday following, and saw the prisoner standing in the alley—Phillips said, "That is the girl that stole my bonnet," loud enough for the prisoner to hear—the prisoner began to abuse her, and call her names—we walked down the court together, and saw a policeman at the bottom, and Phillips gave her in charge.
JOHN MADDEN . I am a policeman. On Friday, the 27th of November, I was on duty in Whitechapel, and saw Phillips and Richardson coming down Angel-alley—the prisoner was behind them, abusing them—she told her she was a liar, she did not steal her bonnet—she was given in charge—she denied it all along—I went to her lodgings, No. 102, Went-worth-street,
with Cummins, a policeman—she did not go with me—she was gone to prison, but I got information—I found these velvet cuffs in a chest of drawers in the room—I had not learnt from her where she lodged—the landlord's name is Hewitt—he is not here—there was a bed in the room—it was a down-stairs room.
MARY CASEY . I live at No. 102, Wentworth-street—the prisoner lodged there in November last, for only two nights—she lodged there at the time the bonnet was taken, and the morning after she was making some cuffs at the street-door—they were like these produced—three other girls came up while she was there—she laughed, and called the girl some name that the bonnet was taken from—one of the girls said she would not mind striking the girl, but it was a shame to tear off her things—one of the girls said, she would strike her again, and pay a woman 1s. to strike her along with her, for being so flash as she was—I did not hear the prisoner make any answer—I did not see the bonnet—the other young woman asked me to buy it—five or six girls live in that house—I was there when the constable found the cuffs—they were in the room of Ann Hewit, the landlady.
EMMA MITCHELL . I am shopwoman to Mr. Hough ton, who carries on the straw business—I know the prosecutrix by sight—I recollect selling her a straw bonnet about two months ago, trimmed with red velvet like these cuffs—this is the bonnet, I know it by my work—I trimmed and finished it, and here is a piece of paper inside with my mark on it.
ANN PHILLIPS (re-examined.) I know this bonnet—it is quite a coarse straw—these cuffs were made with the same velvet as was on my bonnet, and the same sort of lining—I have no mark on it—it it a common sort of bonnet.
Prisoner's Defence. As I was coming home at two o'clock on Tuesday morning, I heard about the row about the bonnet—the girls that live in the house told me about the bonnet being torn—I picked up these pieces of velvet by the coffee-shop in Osborne-street, and made a pair of cuffs of them in the morning, but I did not know it was the trimming of her bonnet—I was out every night till Friday, and came home on Friday in the day time—I was waiting in Angel-alley for a young woman—the prosecutrix came and abused me for being one of the persons that stole her bonnet—I said, I was not—she said, she would give me in charge, and I went down for her to give me in charge—I was remanded for a fortnight, and the bonnet was found—she swears I am the person, but I am not—she often drank with me at the corner of George-yard.
GUILTY. Aged 18.—Recommended to mercy by the Jury .— Transported for Ten Years.
368. SOPHIA WELLER, alias Louisa Godfrey, was indicted for stealing, on the 8th of December, at St. George the Martyr, 1 boa, value 1l.; 1 veil, value 12s.; 1 umbrella, value 4s.; 1 shift, value 3s.; 1 handkerchief, value 4s.; and 9 sovereigns; the goods of William Taylor her master, in his dwelling house.
prisoner came into our service on the 29th of September last from Clerken-well poor-house—she was to have 6l. a year—she received 10s. before she left—I paid her 10s. at the end of the six weeks—on Tuesday, the 8th of December, I had a child very ill, and about twenty minutes to three o'clock in the afternoon, she brought up some warm water to bathe it—I then told her to let me know when it wanted ten minutes to three—she did not do so—I inquired for her about ten minutes to three and she was gone—I did not expect her to go—she had given me no notice—I directly made search, and missed the articles stated, and nine sovereigns which had been in a chest of drawers in my bed-room—I was attending my child in another room—I had seen the things on the Saturday evening, I remember seeing the boa on Sunday—the sovereigns were locked in a drawer—there was other money there—the key of the drawer was in my reticule, which was in the kitchen—she did not return to the house—I did not see her again till she was in custody—she was then dressed very differently to when in my service—she had on a velvet bonnet and fur cape.
JONATHAN WHICHER . I am a policeman. I apprehended the prisoner on Thursday, the 10th of December, at a brothel in George-court, Gray's-inn-lane—she was wearing this boa, this velvet bonnet, and fur cape—I found a purse in, a reticule, containing three sovereigns and 3s. 6d.—there were five other girls there—she told them to keep away from her, or perhaps they might get into trouble as well as herself—I took her to the station—I told her what I took her for—she asked me if I thought she would get transported—I did not threaten her or make her any promise.
MRS. TAYLOR (re-examined.) This is my boa—I know it by a particular mark down the seam—there is nothing else here belonging to me.
Prisoner's Defence. The officer told me it would be better to tell him where I bought the things, to save him the trouble of going about to find it out.
GUILTY . Aged 20.— Transported for Ten Years.
369. SIMON HUGGAR was indicted for unlawfully, maliciously, and feloniously assaulting Charles Brian, on the 1st of December, and stabbing and cutting him on the right side of his chest, with intent to maim and disable him.—2nd COURT, stating his intent to be to do him some grievous bodily harm.
CHARLES BRIAN (through an interpreter.) I am a native of Stockholm—I am a sailor, and formerly belonged to the American ship Actorora—I lodged at the Swedish Flag public-house, Princes-street, Ratcliff Highway—on the 1st of December, about six o'clock in the evening, I was there having some beer—the prisoner was there with two other persons, one named Jackson, the other's name I don't know—I took them in a pint of beer and some rum for which they paid me—I took the money to the mistress of the house—I did not drink with them—they staid there till about eleven o'clock—I was not with them during that time—I had no quarrel with them at six o'clock—I never saw the prisoner before that day—about ten o'clock I had been out and was coming into the house, and met the prisoner and the others coming out—the prisoner said, "Now you are frightened because there are three of us"—I opened the two doors which lead out into the street, and the prisoner and his companion went out leaving Jackson in the passage—I pushed Jackson out and tried to bolt the
door, but one of them called out, "Come out, come out, and we will give you what you deserve"—I then took off my cravat, hat, and jacket, leaving them in the passage, and to show them I was not frightened, I went out into the street—Jackson and the other walked on, leaving the prisoner just outside the house—I then accosted the prisoner, and told him to go on board his ship, and at the same time levelled a blow at his head, and hit him on the head with my fist, but not at all hard—while I was in the act of levelling the blow, the prisoner had a knife, I suppose ready, and gave me a back-handed blow on the right side—while I was striking him, I said, "There is some-think for you," and the prisoner while striking with the knife said, "There, you have got something better," the blood then gushed from my side to such an extent, I was obliged to place my fingers in the wound, and run into the house immediately—I walked up and down the passage once or twice, but being exhausted from loss of blood I fell—the doctor was sent for, he dressed the wound, and I was conveyed to the London hospital in a coach—I was not turned away from the American ship, I had the permission of the captain to leave with the rest of the crew.
Prisoner. His statement is quite false, I can bring the other two men to prove I did not commit the act.
JOSEPH TRICKEY . I am a policeman. I apprehended the prisoner on board the ship Argo, in Limehouse-hole—it is a Russian ship belonging to Warsaw—a man named Yanstron was on board who was also taken on this charge, and discharged—I got this knife, which I produce, out of the prisoner's chest on board the ship.
MARTIN MEGGISON BULL . I am a student at the London Hospital—I was there on the 1st of December, when Brian was brought in—I examined his person and found an incised wound on the right side of his chest near the arm-pit, about two inches deep, and such as might be inflicted by a knife—I did not consider it very dangerous—it was deep enough to cut into the cavity of the chest—he is still a patient there, but is almost recovered—he is now out of danger—the knife produced would have inflicted the wound.
GUILTY, of an Assault only. Confined Six Months.
NEW COURT.—Friday, December 18th, 1840.
Fifth Jury, before Mr. Recorder.
370. ANN WILSON the younger was indicted for stealing, on the 3rd of November, 1 habit-shirt, value 1s.; 3 yards of silk cord, value 7s.; 140 yards of ribbon, value 3l.; 12 yards of lace, value 1s.; 3 yards of quilling, value 6d.; 1 belt, value 3d.; 5 yards of net, value 7s.; 4 handkerchiefs, value 2s.; 2 collars, value 1s.; 2 shawls, value 3s.; 1 scarf, value 5d.; 1 yard of velvet, value 1s.; 2 pairs of gloves, value 2s.; and 1 pair of stockings, value 1s.; 6d.; of William Edmund Champion, her master; and ANN WILSON the elder, for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.—2nd COUNT, for receiving them of an evil-disposed person.
consequence of suspicion I gave her into custody—t then searched her mother's house in Brook-street, Ratcliff, (her mother was not in the habit of coming to my house, but had been on one or two occasions, when her daughter bought things in my shop)—I found her mother and father, and some other persons there—i asked her mother if she knew that her daugh-ter, who was living with me, was in custody—she said she did not—I then asked if there was any property belonging to me there—she said, "No"—I had the officer with me, and I said I would search—a box was produced, I believe from under the bed, but I was looking at some drawers at the time, and she said, "There is nothing in that belonging to you, Sir"—I asked her to open it, she said she could not, it was locked, and belonged to a friend at the other end of the town, she did not know where, nor what her name was—I insisted on its being opened—she produced a gimlet and forced the lock open—it was filled with my property—I found in it some ribbon, a habit shirt, two pair of gloves, and sundry other things, some of them had my mark on them, I also found some small remnants of Irish linen, some blonde, and mourning quilling—I found in a drawer a pair of gloves which I have every reason to believe were mine—on Saturday the 16th I made another search, and found in the drawer a piece of black sarsenet ribbon, and a lace cap trimmed with net, corresponding with a piece found in the box, and a bonnet trimmed with ribbon corresponding with some in the box—when I first went I gave her in charge, and said I would fetch another policeman—she said she would fetch assistance—she went out and did not return—she was taken afterwards, but was discharged by the In-spector, who said he thought her husband was answerable for her acts—here is the cap which I found in a band-box in her room, and this collar—this ribbon was found in her drawer, and these gloves, this pair of new stockings, some sewing silk, and some buttons, which correspond with some of my stock—I can swear to this piece of black ribbon found in her drawer as having my mark on it, and this piece of black ribbon found in the box has my mark on it—this ribbon on the bonnet corresponds with the piece found in the box, it has my mark on it, and never was sold—here is a bit of cord on the bonnet which corresponds with a piece found in the box, which is similar to what I had—I found a good deal of work in the drawer.
Cross-examined by MR. PAYNE. Q. The net and ribbon resemble some found in the box? A. Yes—this ribbon on the bonnet is worth 5 1/2 d. a yard, that found in the drawer is worth between 3s. and 4s., and the black ribbon 8d. or 9d.—the younger prisoner's wages were paid in goods—she never had any money of us at all—she stated at the end of the quarter what goods she wanted—her mother came and chose them for her.
COURT. Q. What articles had you sold to the younger prisoner? A. Some Saxony, holland lace, and other things, amounting to 17s. 9d.—her wages were 1l. 10s.—the balance of 12s. 3d. had not been paid her—there were a great many more things; found at the mother's than she could suppose were the produce of her daughter's wages, and we have lost a great many things, which have not been found.
WILLIAM HAGGERTY (police-constable K 55.) I received charge of the younger prisoner, and went to the house of the elder prisoner in Brook-street—I saw a box by the side of the bed in the room—I pulled it out a little way—the elder prisoner came up and said there was nothing in that box that belonged to Mr. Champion—MR. Champion said it should be opened
—she said she had not the key, that it belonged to a woman at the West-end of the town, who would be there to-morrow, and the box would be opened then—MR. Champion said it should be opened—I asked her to open it—she then got a gimlet, and broke open the hasp—MR. Champion claimed the property in it, and said he would have another policeman—she said she would go for one—she went, and did not return—this pair of new gloves was found in a drawer in a chest, in which were a great many un-finished articles—we went again on Saturday the 5th of December—we then found this cap and bonnet, with this ribbon on it, a pair of stockings, and some little skeins of silk, which Mr. Champion claimed—the piece of ribbon corresponding with this on the bonnet, we found in the box—one of these pieces of black ribbon was in the box and one in the drawer—this habit shirt was in the box.
(The prisoners received good characters.)
ANN WILSON, Jun.— NOT GUILTY .
ANN WILSON, Sen.— GUILTY on the 2nd Count.—Aged 38.
Confined Three Months.
371. ANN WILSON the younger was again indicted for stealing, on the 29th of November, 2 pairs of boots, value 7s.; 8 yards of flannel, value 5s. 6d.; and 1 pair of stockings, value 2s.; the goods of William Edmund Champion, her master.
WILLIAM EDMUND CHAMPION . I live Sidney-place, Commercial-road. The prisoner lived servant with me for about three months—on the 3rd of December I gave her in charge for stealing two pairs of boots in the middle of the night, as we heard a door slam—the answer she made was, "I did not take them in the middle of the night, I took them on Sunday night when you were out"—I had not told her it would be better for her to tell me—I then searched her bed, and found two pairs of boots, and three yards of very fine flannel—I found in her box a pair of black stockings—this flannel was cut off a piece that was measured and put up stairs—it was never brought into the shop for sale—I missed exactly this quantity from it.
GUILTY. Aged 17.— Judgment Respited.
372. WILLIAM WILKINS and WILLIAM DEAN were indicted for stealing, on the 20th of November, 1 time-piece and stand, value 7l. the goods of Elizabeth Saxby; and 1 hat, value 7s., the goods of James Bowman.
JAMES BOWMAN . I live in London-lane, Hackney; I keep the Temperance hotel. On the 20th of November, between four and five o'clock in the afternoon, the prisoner Dean came and asked for a cup of coffee and a roll and butter, which were supplied him—soon after Wilkins came and called for a cup of coffee—I know he left the room and went out—Dean, I believe, did not leave the room, but I cannot be positive, as I was in and out occasionally—while I was taking tea in an adjoining room, two other persons came in—they were furnished and left—I found the room was cleared about six o'clock—MRS. Elizabeth Saxby, who lodged at my house, was in the habit of bringing down her time-piece and stand, and placing it in the parlour, as it would not go in a room where there was no fire—she was taking tea with us that day, and when we had
done, she went into the parlour and said her time-piece was gone—this is the time-piece—it afterwards appeared that my hat was taken the same evening.
Cross-examined by MR. PHILLIPS. Q. Did the prisoners appear to be acquainted? A. No.
ROBERT PAINE (police-constable N 247.) I was on duty on the 20th of November, in Tower-street, Hackney, about 200 yards from the prosecutor's—a few minutes after six that evening, the prisoner Dean passed me—he had something in a handkerchief which appeared like a hat—he had two other persons with him.
JOHN BLENMAN . I am in the service of Mr. Mills, a pawnbroker in Kingsland-road. On the 20th of November, about six o'clock in the evening, this hat was pawned by Dean, in the name of William Bromley, No. 14, Thomas-street, and this time-piece was pawned by Wilkins about seven—he said it was for his father, William Ward, No. 4, Crab-tree-row.
RICHARD JENNINGS (police-constable N 47.) I took Dean at his father's house, in Well-street, Hackney—I said I wanted him respecting a time-piece stolen from Mr. Bowman—he said he knew nothing about it, that he was not at the prosecutor's that night, he was at the Suffolk Arms public-house, in Boston-street.
JAMES GOODCHILD (police-constable N 282.) I apprehended wilkins at Clapton-square at a gentleman's house—I asked him if he was at the coffee-house in St. Thomas's-square—he said he was, but was not there after nine o'clock.
Cross-examined. Q. I believe Wilkins was discharged? A. Yes, and taken again in a few minutes.
(Wilkins received a good character.)
WILKINS— GUILTY . Aged 20.
DEAN— GUILTY. Aged 21.Recommended to mercy .—
Confined Three Months .
JOHN GARDNER . I live at the Star brewery, in Oxford-street—the prisoner came there on the 17th of December—he wanted work—I told him we had no vacancy, but I gave him some beer—I had just before laid down this brass cock in the lobby, and when he was gone I missed it—I overtook him in Tottenham Court-road—I told him be must come back—he said, "What for?"—I said, "For that cock you took away"—I took him back, and he produced this cock, which is mine—he said he did it through distress.
Prisoner. I was in distress.
GUILTY. Aged 34.—Recommended to mercy.— Confined One Month.
Before Mr. Common Sergeant.
I missed these breeches from my counter—I ran to the pawnbroker's, and found Burns with them—they took Watson, and brought him in, and Burns said to Watson, "You know you stole them, and gave them to me to pawn"—Watson said it was no such a thing.
GEORGE SMITH (police-constable K 38.) On Thursday morning last I was taking the prisoners to the Magistrate, and Burns said to Watson, "You know I did not steal the trowsers, I did not go in and steal them; you went in"—Watson said, "I know I did; I gave them to you to pawn; if they transport us it may be a very good thing"—Watson said he had been five times in prison—Burns laughed, and said, "You know you stole some handkerchiefs and pawned them in London, and I will tell of it."
Watson's Defence. I never took them; Burns said to me, at the station, "If they ask who took them, you say you did."
Burns. I did not say so; he took them, and gave them to me to pawn.
WATSON— GUILTY . Aged 16.— Transported for Seven Years.—Convict Ship.
BURNS— NOT GUILTY .
Before Mr. Sergeant Arabin.
375. MARY KEMP, alias Smith, alias Vincent, alias Williams, was indicted for stealing, on the 19th of June, 2 blankets, value 5s.; 2 sheets, value 4s.; 2 table-cloths, value 4s.; 2 tumblers, value 1s.; 2 egg-cups, value 1s.; three knives, value 18d.; 3 forks, value 18d.; 2 wine-glasses, value 1s.; 1 basin, value 3d.; and 3 salt-cellars, value 6d.; the goods of Eleanor Berry: also, on the 24th of November, 2 blankets, value 12s.; 3 sheets, value 9s.; 1 pair of snuffers, value 18d.; 1 brush, value 1s.; and 1 basin, value 6d.; the goods of William Smith: also, on the 12th of November, 1 blanket, value 5s.; 1 key, value 6d.; and 1 ring, value 6d.; the goods of Henry Lidney: also, on the 2nd of July, 1 blanket, value 5s.; 1 towel, value 6d.; 1 salt-cellar, value 1d.; 1 cup, value 3d.; and 1 saucer, value 6d.; the goods of Henry Booker; to all of which indictments she pleaded
GUILTY . Aged 26.— Transported for Seven Years on each of the Two First Indictments.
376. MARY BOWLING was indicted for stealing, on the 30th of October, 1 bonnet, value 10s.; 1 bed-gown, value 3s.; 2 capes, value 14s.; 1 gown, value 5s.; 2 pairs of drawers, value 5s.; 1 bag, value 1s.; and 1 scarf, value 2s.; the goods of Mark Benjamin Benham, her master.
MR. PAYNE conducted the Prosecution.
MARK BENJAMIN BENHAM . I live in St. James's-place, Old Kent-road. The prisoner was in my service exactly six weeks, and left about the 17th or 18th of October—previous to her going we constantly missed property—on the Friday before the examination at the office, I went with the constable to Wentworth-court, Wentworth-street, Whitechapel, and found a bonnet and night-dress of Mrs. Benham's, in a place they call a
room—I found a man named Martin at the house, living with the prisoner's mother.
Cross-examined by MR. PHILLIPS. Q. What wages did you pay the prisoner? A. 6l. per annum—I think, altogether, her wages came to 15s. it the time she left—I paid her a half-sovereign, as she had had 5s. in advance—a man, who pretended to he her father-in-law, came and desired me not to pay her, or give her her clothes, until he came—I paid her before that man, and I told him I had paid her 5s. before—I have only had one prosecution in this Court, that is three years ago, when I prosecuted a charwoman.
MR. PANYE. Q. How much have you lost altogether? A. About 30l.
JANE WHEATON GERMAN . I live in George-street, Old Kent-road, and am a dressmaker. On the 13th or 14th of October, the prisoner brought me a dress, which she said her mistress had given her, and she desired to have it altered—about a week after, she applied to me to deliver it up, which I refused—I had not at that time received information; but I did after—I never saw the prisoner before that.
MATILDA GERMAN . I produce two caps, a reticule, 2 pairs of drawers, and a scarf, which the prisoner left in my care, about a week after she gave my sister the dress—she told me to take care of them for a day or two, till she called for them with the dress, as she was leaving her situation.
GEORGE SAWYER . I am a policeman. I took the prisoner in charge, at No. 7, Wentworth-court, Spitalfields—in the upper part of the house, under the bedstead—I found this bonnet, in the same place—I know Mr. Maltby's the Magistrate's writing, I have seen it scores of times—this is it—I saw him put his name to it.
Cross-examined. Q. What did Mr. Maltby say to the prisoner? A. I do not remember exactly—some question was put to her, I cannot say what—the Magistrate asked what she had to say, and told her the clerk would take it down—(read)—"The prisoner says, 'The bonnet is my own; I know I took the other things, and left them with Miss German, who knew they were stolen."
J. W. GERMAN re-examined. I did not know they were stolen.
MR. PHILLIPS called
JOHN MARTIN . I am a wood-cutter, and live in Gin-alley, Ratcliffe. I have known the prisoner from a child—she has been in respectable places—the last was at a maiden lady's, in the Commercial-road—she bore a very honest character.
MR. PAYNE. Q. Have you any thing to do with Wentworth-court? A. I have part of the house to cut wood in—I interfered in this matter at the commencement, by Mr. Benham's order—I demanded the property in Mr. Benham's name, to be given up from the dress-maker—last September a letter was sent from the House of Correction to this girl's mother, which she brought to me to go and see what she had done—I went to Mr. Benham, and asked what she had done amiss—he said she had been taking things from him, and was committed for stealing a shawl—I did not pretend to Miss German that Mr. Benham had sent me for these things—I told them they were very wrong to detain them when they knew they
were stolen—they said Mr. Benham had called for the articles before, and they had given part of them up—I asked if they would go with me and deliver the rest up—I did not apply for them for the prisoner and her mother—I do not know that the prisoner has been in custody before—she has been a month at Brixton, but never before that case—I do not live in Wentworth-court—I work there and sleep there—five or six months ago I occupied the whole house myself—I have not slept there since, the prisoner and her mother were there—I never told Miss German to deliver the things up to me, or that Mr. Benham had sent me for them.
MR. PHILLIPS. Q. About her being in the House of Correction, was that about a shawl on Mr. Benham's own charge? A. Yes.
JURY to MATILDA GERMAN. Q. When that man came to demand the goods, what did he say to you? A. The prisoner first applied, and I refused to give them—that man then came, and said, "I have come for those things; I am employed by Mr. Benham to collect the stolen property, and if you don't give them up you will get yourself into trouble," and he tried to intimidate me.
JAMES WILSON pleaded GUILTY . Aged 19.— Confined Six Months.
JAMES WILSON pleaded GUILTY . Aged 21.— Confined Three Months.
ANN JONES . I am the wife of John Jones, and live in Trafalgar-row, Greenwich. On the 3rd of December I hung up some clothes to dry in my garden—I missed a shirt between eight and nine o'clock in the evening, which I had seen safe between five and six—this is it—(produced)—I have the fellow to it, made of the same cloth—it is my own work—I know nothing of the prisoners—I observed some foot-marks in my garden, apparently of only one person.
WILLIAM TROYMAN . I am a policeman. On file 3rd of December, about seven o'clock in the evening, I was on duty in Church-street, Woolwich, about three miles or three miles and a half from the prosecutrix's, and saw the two prisoners together—one asked me where William-street was—I asked who they wanted there—they said, the night station-house—I said, if they would follow me I would direct them—in the mean time I observed James Wilson had a bundle under his arm—I asked what he had in it—he said a shirt—I asked whose it was—he said his own—I looked at it, and observed it was quite wet, and partly covered with frost—I asked who washed it—he said he washed it himself, at Barnet, the day before, and not having sufficient time, he was obliged to put it into his handkerchief and bring it wet—I took them to the station—Dillon said there that he would swear it was Wilson's shirt, for he saw him buy it at Liverpool the day before they left.
John Wilson's, alias Dillon's Defence. I did not know it was stolen; I had parted from the other prisoner some time, and got a ride to Woolwich; I was not taken that night; they let me go, and I went and got a lodging; I went next day to see how the young man got on, and was taken in the court-house.
JOHN WILSON— GUILTY . Aged 29.— Confined Three Months.
378. ROBERT JOHNSON was indicted for stealing, on the 14th of December, at Greenwich, 1 coat, value 3l. 10s.; 1 waistcoat, value 10s.;1 box, value 1d. 1 knife, value 1s.; 1 pair of snuffers, value 6d. the goods of Albert Davis: and 6 shillings, 8 sixpences, 9 fourpences, 6 pence, 17 halfpence, and 161 farthings, the monies of Thomas Thomas, in his dwelling-house; and afterwards, about the hour of three in the night, burglariously breaking out of the said dwelling-house; to which he pleaded
GUILTY . Aged 22.— Transported for Ten Years.
Before Mr. Common Sergeant.
379. WILLIAM COLLIER was indicted for stealing, on the 30th of November, 1 glazier's diamond, value 1l. 1s., the goods of William Nash; and GEORGE BOYCE , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
WILLIAM NASH . I am a painter, and live in Russell-street, Rotherhithe. I lent my brother a diamond, which I gave 1l. 1s. for, six years ago—I believe the one now produced is mine—I knew it was at Boyce's, from what my brother told me.
GEORGE NASH . I believe this to be my brother's diamond—the handle is altered now—I had it this day fortnight at Deptford, about eleven o'clock—I left it on a mat outside a house—when I came back it was gone—no one was working with me—Collier was about there—I offered him 1s. to give it to me—he said he bad not got it—he came to me on the Wednesday, and said he knew where it was—I threatened to hand him over to the police—he said he would not go—the next day I went with him to Boyce's, and saw Mrs. Boyce—she said her husband was not at home, and desired me to call on the Saturday night—I told her what I came for—the policeman and I went on the Saturday night—Boyce then produced the diamond, and said he had given 1s. for it—Collier told me he had sold it to Boyce.
Cross-examined. Q. Did you produce Collier to Boyce? A. No—Boyce told me he gave 1s. to a boy he knew, who represented that he had found it—Boyce is a painter and glazier—I have known Collier about two months—I pitched on Collier because there was no one else there—I have been in custody, but now I get my living in an honest, up-right manner—Boyce told me to show it to my brother, and said he had put a new handle in it.
THOMAS RAWSLEY (police-constable M 269.) I went to Boyce, and asked him if he had got a diamond—he said, "Yes"—he said to Nash, "This is your diamond"—I brought him to the station—he said he might blame his wife for it, that he gave 1s. to a boy for it.
NOT GUILTY .
380. SUSAN WATTS was indicted for stealing, on the 30th of November, 1 girdle, value 6d.; 1 neck-chain, value 6d.; 8 artificial flowers, value 6s. and 1 pair of bracelets, value 5s. the goods of Matilda Harriet Tyler: and I petticoat, value 10s. and 1 brooch, value 5s. the goods of Charlotte Rebecca Tyler.
MATHILDA HARRIET TYLER . I am the daughter of William Tyler, a market-gardener, at Greenwich. The prisoner was our servant—on the 30th of November I observed she had my sister's petticoat on—I charged her with it, and sent for a policeman, who took her—the necklace, girdle, bracelets, and artificial flowers, produced, are mine—the petticoat and brooch belong to my sister, Charlotte Rebecca Tyler.
the prisoner, with this petticoat on her—the other things were found by the searcher.
Prisoner's Defence. I went there on the Monday; I went to clean the room, and found the bracelets and other things outside the window, tied up in a handkerchief; I dressed at six o'clock in the morning, and the petticoat was in the room; I did not know that I put it on.
GUILTY. Aged 16.—Recommended to mercy by the Prosecutrix.
Confined One Month.
Prisoner. I did not go out of the shop. Witness. She had got out—she put them under her shawl.
JURY. Q. How far from the shop had she got? A. Just off the pavement—she said she did not like the shoes—I went to get her another pair, and I saw her take these, and walk away.
Prisoner's Defence. I went to get a pair of shoes, and pay 6d. off them: I took them to the door to see if they were big enough; he came to the door, and said I wanted to steal them.
GUILTY . Aged 20.— Confined Seven Months.
Before Mr. Sergeant Arabin.
HARRIET SOPHIA ERRILL . I am the wife of William Errill, a policeman. At a quarter to nine o'clock in the evening of the 1st of December, I bought a pennyworth of sprats of the prisoner at my door—he put them out in my plate—I gave him half-a-crown, and asked for change—he said he had no change—he put down his basket, and went to get change, and did not come back—the sprats he left were not worth 3d.—they were not fresh, and were thrown away—the basket and jug that he had left were valued at 8d.—I swear positively he is the man—I have often seen him.
Cross-examined. Q. When did you discover that the sprats were bad? A. When I cooked them that night—there is a lamp at each end of the street, which is not very long—there are fifteen houses on one side of it—there is a shop at the bottom of the street, and one at the top—the prisoner was not in my house, only at my door—I had a light—there was no difficulty in keeping it in—when he left with the half-crown, he went to the shop at the bottom of the street—I saw him go in, and come out again, in a very little time—I have had no conversation about this with the person of the shop—I have seen the person who keeps it—I do not know Ann Knowldon—I do not know this person—(looking at her)—I never saw her before—I have had no conversation with the keeper of the shop in her presence—I do not know whether the person who keeps the shop is a man or a woman—I never said to this person that I doubted about the prisoner being the person.
COURT. Q. Have you ever expressed to any body your doubt of the prisoner? A. No—I am certain he is the person.
JOHN LEAGER (police-Constable R 180.) I first heard of this on Wednesday morning, the 2nd of December, about eleven o'clock—I took the prisoner at a public-house, sitting alongside a female—I said, "I want you on a charge of felony"—he said, "You are joking"—I said, "I am not, I want you on suspicion of taking half-a-crown from a woman in the New Town, you answer the description of the person exactly"—I took him to the prosecutrix—she opened the door, and a few yards before we got to it she said, "That is the person that had my half-crown"—I said, "Can you swear it?"—she said, "Yes"—she went to the station, and gave charge of him.
Witnesses for the Defence.
THOMAS WILLIAM BIRD . I keep the Lads of the Village public-house, at Deptford—I have known the prisoner perfectly well for upwards of two years. On the 1st of December he was in my house from six o'clock to eleven in the evening—he might be absent for a quarter of an hour, but not longer—he had no basket or sprats with him.
JOHN PARKER . I am a shoemaker—I live at Mr. Bird's at Deptford—I know the prisoner perfectly well. On Tuesday evening, the 1st of December, I saw him in Mr. Bird's tap-room about six o'clock, and I saw him last about eleven—he was all the time there in my company—he had no basket or sprats with him.
THOMAS REEVES , I am a shoemaker—I live at Mr. Bird's in Charles-street, Deptford—I know the prisoner. On Tuesday, the 1st of December he was in my company there from half-past five o'clock till eleven at night—he was not absent five minutes.
THOMAS STONEHOUSE . I am a millwright and engineer—I live at Mr. Bird's—I have known the prisoner about three months. On Tuesday, the 1st of December, I left my work about five o'clock—I came home, and the prisoner was in my company till about half-past ten—he did not leave me above five minutes.
HENRY HOLLYER . I am a labourer—I live at Mr. Bird's—I have known the prisoner perfectly well for eight or nine years. On Tuesday, the 1st of December, I was at Mr. Bird's at eight o'clock, and the prisoner was in my company till past ten.
NOT GUILTY .
Before Mr. Recorder.
383. JOHN HUBBARD and HENRY HAMILTON were indicted for burglariously breaking and entering the dwelling-house of Francis Nash, about one o'clock in the night of the 22nd of November, at St. John's, Southwark, with intent to steal, and stealing therein, 5 spoons, value 25s.; 1 toast-rack, value 14s.; 1 handkerchief, value 4s.; 3 pairs of stockings, value 6s.; 6d.; 2 pairs of drawers, value 5s.; 1 flannel shirt, value 3s.; 1 pair of boots, value 10s.; 2 sheets, value 7s.; 2 pillow-cases, value 2s.; 1 petticoat, value 2s.; 6d.; and 1 pair of pockets, value 2s.; 6d.; his property; to which
HUBBARD pleaded GUILTY . Aged 19.— Transported for Ten Years.
HAMILTON pleaded GUILTY . Aged 19.— Transported for Fourteen Years.
Before Mr. Sergeant Arabin.
384. GEORGE WILLIAM DALTON and GEORGE HARDIMAN were indicted for feloniously breaking and entering the dwelling-house of Clayton William Ward, on the 29th of November, at St. Mary, Newington, and stealing therein 2 lbs. weight of cigars, value 1l.; 1 crown, 2 half-crowns, 16 shillings, 6 sixpences, 3 fourpences, 100 pence, and 100 half-pence, his property.
MARIA WARD . I am the wife of Clayton William Ward, who keeps a beer-shop in East-street, Walworth, in the parish of St. Mary, Newington. On Saturday night, the 28th of November, I was serving in the bar the whole evening, my husband being ill in bed—I remember the prisoners coming in together—they looked round the tap-room, said there was very little fire, and walked out again within five minutes—they had ordered something, but said, "Never mind," and went out—Hardiman walked into the tap-room again in five minutes, looked round, and walked out again—I went to bed about one o'clock—I locked the till, and put the key into my pocket—there was a considerable quantity of copper money in it, some of which I can positively swear to—about seven in the morning my boy alarmed me—I went down stairs, and found the tap-room window open—it is a double window—when I went to bed the sashes of that window were down—I found the till wide open, and a desk which had not been locked was ransacked, and a particular shilling of the reign of George the Second taken out—our premises are next to Mr. Keller's, whose yard comes near our window—any person in his premises could get over the fence, and open the window—we lost from 15s. to 1l. in copper money, and not less than 30s. in silver, and about two pounds of cheroots—we gave information at the station, and on Sunday morning between ten and eleven, the policeman produced some money to me.
Dalton. Q. Will you swear I was in your house on Saturday after-noon? A. Yes, there was a gentleman there when Hardiman came in—you came on Friday, and Saturday as well, I am positive of it.
WILLIAM SMITH . I am pot-boy at the house. I got up on Sunday morning, and found the window-sashes of the tap-room up as wide as they could be put open, and the till in which the copper is kept, wide open.
WILLIAM THOMAS . I am a police-sergeant. I was informed of this on the Sunday morning—I went and examined the premises—the thieves had entered at the back, by the tap-room window, and gone into the bar—the till had been forced open—MRS. Ward gave me information, and I went with another constable, and took the prisoners at No. 1, Pleasant-place, East-lane—we found Hardiman in bed, and Dalton concealed in the privy, both in the same house—the other constable found 14s. 11d. in copper, under Hardiman's head in bed, and 5s. 4d. in silver was found on Dalton, at the bottom of his trowsers—I went back and searched the privy, and found 108 cheroots thrown down into the soil—MRS. Ward had described some money she could swear to—she saw it at the station—these three penny-pieces were under Hardiman's head—I found a piece of candle in Dalton's bed-room, and a small chisel.
Cross-examined by MR. PHILLIPS. Q. Was not the money under the mattress? A. Yes, Davis lifted up the mattress to find it.
RICHARD DAVIS . I am a policeman. I accompanied Thomas to the house, and found Dalton in the privy—I afterwards found the cheroots in the soil—I found under the bed in which Hardiman was lying, 14s. 11d.
in copper money, which I produce, among which are three penny-pieces claimed by Mrs. Ward—Dalton claimed the money as his.
Dalton. Q. Did you find me in the privy? A. Yes, standing up—you were not coming into the yard from the back door.
Cross-examined. Q. I believe you took the boots or shoes belonging to both prisoners? A. I did—I went into the back yard, through which I supposed the entry had been made—there were foot-marks there of one person, which exactly corresponded with Dalton's boots—I observed some mortar sticking to Dalton's boot.
Dalton. My boots were as clean as possible, there was nothing sticking to them.
MARIA WARD re-examined. I can swear to this penny-piece by its being knocked four-square—I had observed it five minutes before I closed the till—we lost some cheroots, and I believe these to be the same—I can swear to these two other penny-pieces—this one had been in the till above a week—a great deal of money has not been found.
Dalton. Q. Did not the policeman tell you the marks on the penny-pieces before you saw them? A. No, I told him before I saw them, and I said if they would give me a paper, I would draw what was on it—I said I could not tell on which side of a penny-piece one letter was.
Dalton's Defence. I know nothing at all about the robbery—the money belongs to me, I received it for my work on Saturday night.
JOHN MILLWOOD . I am a bricklayer. Hardiman worked for me off and on, three years, and bore an honest character—he drew a truck from East-lane for the sake of earning 6d.—I did not pay him 12s. in half-pence.
(Hardiman received a good character.)
DALTON*— GUILTY . Aged 20.— Transported for Fifteen Years.
HARDIMAN— GUILTY . Aged 20.— Confined Nine Months.
385. ARTHUR GEARISH and WILLIAM ALLEN were indicted for stealing, on the 5th of November, at Christ Church, in the dwelling-house of John Alger, 1 coat, value 2l.; 1 pair of spectacles, value 1l.; 360 pence, and 720 halfpence, his property; and afterwards, about the hour of one in the night, burglariously breaking out of the said dwelling-house.
JOHN ALGER . I keep a public-house in the parish of Christ Church, Broadwall—it is my dwelling-house. On the night of the 5th of November, I had been out, and returned about twelve o'clock—I went to bed about half-past twelve, and laid my coat in the bar-parlour, and my spectacles in the same room—I had a quantity of pence and halfpence in a book-case in the bar-parlour—the house was all secure when I went to bed—I have a skittle-ground—I went down next morning about seven, and found the articles and money stated, gone—the policeman produced my property the same morning—I know it to be mine from the papers which some of the money was wrapped in—my coat and spectacles are lost altogether—I swear positively to the wrappers—both the prisoners have frequented my house almost daily for the last six or seven months—I presume somebody concealed himself in one of the parlours, as there
was no external breaking—the prisoners know each other perfectly well—I found the party had got out by unbolting a back door which was fastened by two bolts, which could not be opened from outside—on Saturday, the 14th of November, Allen called on me, and said he called in consequence of hearing he was suspected of the robbery, and that the knew nothing of it till the evening of the 6th, when the prisoner Gearish took him over to Westminster, and confessed that he committed the robbery, and hearing the police were after him, they made their way towards Oxford, and sold the spectacles on the road to Oxford, and he went all the way with Gearish till the money was all spent, and he came to town to give himself up, and Gearish was travelling the country—he also said they sold the coat.
GEORGE HENRY ALGER . I am son of last witness. On the night of the 5th of November the door in question was bolted inside—it was found un-bolted in the morning—I went to bed between twelve and one o'clock—I fancied as I left the kitchen to go into the bar-parlour, after turning the light out, that I saw a reflection of somebody through a glass-door, and called to my father to bring a light, but he did not, and through the moon shining through the shutters, I thought it was my fancy, and did not go further—I did not like to tell my father, I was afraid.
Cross-examined by MR. CHAMBERS. Q. What are you? A. Bar-man to my father, who keeps the Miter public-house, Broadwall—I have known Allen for the last twelve months—I cannot tell what he is—I am twenty years old—I know nothing about any robbery—Allen did not mention any thing to me, it was to my father, and not in my presence—there were a great many customers there that night—I saw the prisoners there that night.
HENRY MAYNARD . I am bar-man at the house. On the night of the 5th of November I fastened up the house—the back door was shut, and I found it open in the morning when I came down—it must have been done by somebody in the house.
Cross-examined. Q. You live in the house? A. Yes—it was my duty to shut it up—I did so at twelve o'clock at night—I came down about seven in the morning—the back door leads out on a balcony at the back of the house, and that looks out on two skittle-grounds—there is a dead wall runs along the skittle-ground, that is about four feet from the balcony, and that leads over into Isabella-street—Gearish never lodged in our house.
SARAH DANIELS . I keep a lodging-house. Gearish lodged with me for about six weeks—on the 5th of November he came home about two o'clock in the night, or after two—it was the morning of the 6th—he let himself in and remained in bed till after six in the morning—then a man called him to come down, and he went out—I do not know who it was—I could not see whether he brought any thing in with him at night, but in the morning I saw him take out a brown paper parcel which I had never seen in his possession before.
THOMAS SHAW . I am a policeman. I received information of the robbery, and searched Gearish's lodging on the 6th of November, about ten o'clock in the morning—I found wrapped up in the bed, 130 penny-pieces, and 413 halfpence—he was not at home—I found him in custody after-wards at Union Hall—I found a great many papers lying about the room, which the prosecutor swore to afterwards, as having contained the copper.
CHARLES BURGESS GOFF . I am a policeman. In consequence of suspicion, I punned Gearish at far at Birmingham, and found him there—I told him I wanted him for a robbery at the Mitre public-house, Broadwall, on the night of the 5th of November, and stealing a coat, a pair of spectacles, and 3l. in copper money—he said, "I am aware of it"—I cautioned him not to say any thing, as it would be evidence against him, and he then said no more.
MR. CHAMBERS to JOHN ALGER. Q. Allen came to you entirely of his own accord? A. Yes, he said he knew nothing of the robbery till the evening after it was committed—he then said Gearish took him over the water into Westminster, and told him all about it—he said the coat was parted with in Rosemary-lane—I asked what was done with the spectacles—he said they did not part with them till they had got some way on the road to Oxford—I asked what they sold them for—he said, "4s."—I said, "You must have known they were stolen"—he said, they could make no more than old silver of them—he said, he parted with Gearish on the road—I said, I must take him before the Magistrate, which I did.
GEARISH— GUILTY . Aged 28.— Transported for Fifteen Years.
ALLEN— NOT GUILTY .
386. WILLIAM ALLAN was indicted for stealing, on the 26th of November, 1 coat, value 1l. 10s.; I waistcoat, value 5s.; 2 pairs of trowsers, value 1l.; and 1 handkerchief, value 5s.; the goods of Roche James Hays.
ROCHE JAMES HAYS . I lodge at a beer-shop in Upper East Smithfield—the prisoner came to lodge in the next room to mine—on the 26th of November, he went to bed between nine and ten o'clock—I went to bed after twelve—my clothes were in the room he occupied, on a trunk—I had slept there the night before—he said he was a farmer from Durham—next morning he was gone, and I missed my property, I have not found any of it—nobody but him slept in the room, and nobody else could have taken it.
Prisoner. Somebody tried the door after I was in bed, and there were seven or eight people in the next room.
NOT GUILTY .
THOMAS RICHARD HOWELL . I live at the Sailors' Home in well-street. On the 28th of November, I slept at the Blakeney's Head—the prisoner slept in the next room—when I got up next morning, between eight and nine o'clock, my property was gone—I gave information of the robbery—this is my handkerchief—(produced.)
Prisoner. That handkerchief I bought. Witness. I have no particular mark on it, but I have the fellow one to it on my neck, which is part of the same piece—it was in ray coat pocket.
ELIZABETH ANN POOL . I keep the Blakeney's Head public-house, in the Borough. The prisoner came there on the 28th, and asked me to recommend him a respectable lodging—I have seen him about for two or three years—he said where he had previously lodged—the beds were full—I at
last said I would accommodate him myself—he said he was a farmer from Hitchen, in Hertfordshire, and had come to town to sell apples and onions—he slept in the adjoining room to the prosecutor—he was gone when the prosecutor missed his things—he was the only person in the house except the prosecutor, besides my sister and my boy—nobody but him could have taken them.
ROBERT FREEMAN . I am a policeman. I had a description of the prisoner, and took him into custody on the 2nd of December, at the King's Head public-house, in the Borough, and found the handkerchief on his neck.
GUILTY . Aged 79.— Confined One Year.
388. THOMAS RICHARDSON and JOSEPH WEBB were indicted for stealing, on the 28th of November, 1 watch, value 3l.; I watch-key, value 10s.; and 1 split ring, value 3s.; the goods of Joseph Bernard Morley: and JAMES THOMAS and ELIZABETH RICE , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.; to which.
WEBB pleaded GUILTY . Aged 18.— Confined Six Months.
ANN MORLEY . I am the wife of Joseph Bernard Morley, a labourer in the London gas factory, and live in Vauxhall-walk. On the 28th of November, a little after three o'clock in the afternoon, Richardson and Webb came together with a coke-cart—I wanted a sack—I told them to take it up stairs in the front room—they went up—Richardson had the sack on his back—there was a hole in it, and some of the coke fell out on the stairs—they began laughing—I told Webb not to stand laughing there, but to put his hand to the sack, that the coke might not fall out—he did so, and they went up into my room—I followed them and picked up the coke, which detained me a little on the stairs, and they were in the room alone—I met them coming down stairs—Webb was one stair before Richardson—I passed Richardson, (who rather took up the width of the stairs,) and went to see whether my watch was safe—it was gone—it was safe before they came into the house, lying on the drawers—no one could have taken it but them—immediately I missed it, I spoke to Richardson about it—he said, he had not got it, that the other one must-have got it—I asked him who the other one was and where he was—he said he had no knowledge whatever of him, on his oath he denied it, and said many bad words to that effect—he said, he would run after Webb—he returned again to the cart, and I gave him into custody—the watch produced is mine.
ROBERT HUNTER . I live with Mr. Masland, a pawnbroker, in West-minster-road—I received this watch on the 28th of November, about nine o'clock, from the prisoner Thomas—not liking his appearance, I asked who the owner was—he said, he was not the owner—I told him to go and fetch the owner—I stopped the watch—he went and fetched the prisoner Rice, and I ultimately took it of her—I said, "You are the owner"—she said, "Yes, it is all right."
Cross-examined by MR. BALLANTINE. Q. Did you not tell Thomas to go and fetch somebody who knew him, and then you would take the watch? A. No, I did not, nor any thing of the sort—I told him to fetch the owner—he came back with Rice in about a quarter of an hour—he did not then say, "This woman knows my name is Thomas, and that I am respectable," nor any thing of the kind—there were other parties in the
shop—he did not address himself particularly to me, nor to any other party, nor did Rice—I took the pledge—there were several customers in the shop, very likely more than usual, as it was Saturday night—there was only one other shopman and my master serving—I am sure Rice said nothing more than "It is all right"—Thomas fetched Rice as the owner, and I received it from her.
JAMES LINSEY (police constable L 136.) I was on duty in Vauxhall-walk, on Saturday afternoon—I saw a mob at Mrs. Morley's door—I went and received information that a watch was stolen out of the house—I saw Richardson running—I called to him to stop—he stopped directly, and I took him to the station—I told him he was accused of stealing the watch, and I asked if he had it—he said, he had not, he supposed the boy that was was with him must have had it, that he did not know the boy, and had not seen him before.
JAMES BROOK (police-constable L 118.) I apprehended Rice and Thomas on the 1st of December, and told them I wanted them for pledging a watch stolen from Vauxhall-walk—Thomas said Webb had given him 1s. to go and pledge it, and that Rice received 10s. to go and say it was all right.
Richardson's Defence. I never saw the watch—my father sent me out with a load of coke, and while I was taking it, Webb took the watch and made away with it.
Thomas's Defence. I met Webb and a woman—they asked me if I would earn 1s.—I said, "How?"—they said, "Go and pawn this watch"—I said, "Who does it belong to?"—Webb said, "To me"—I said, "How did you come by it?"—he said, "I gave two sovereigns for it"—I said, "Why don't you go and pawn it yourself?"—he said, "I don't like to—I am not used to a pawnbroker's, I have never been to one in my life," and I took it—when the pawnbroker stopped it, I came back, and Webb and the woman went over to Rice—they got her to come with me to say she had the watch—we went together to the pawnbroker's, and he took the watch of her—he asked her if she knew any thing about it—she said, "Yes," and he lent her 18s. on it—she took something out of pawn at the time—we came back—Webb gave me 1s. and Rice 9d., and we had sixpenny worth of gin between us—I never saw him before, and never knew him.
(Richardson received a good character.)
RICHARDSON— GUILTY . Aged 18.
THOMAS— GUILTY . Aged 10.
Confined six Months.
RICE— NOT GUILTY .
389. MARY COLLINS was indicted for stealing, on the 28th of July, 1 pair of bracelets, value 12s. the goods of Samuel John Johnston, her master; and JOHANNA SULLIVAN , for feloniously receiving the same, well-knowing them to be stolen; against the Statute, &c.
PRISCILLA JOHNSTON , I am the wife of Samuel Johnston, and live in Queen-street, Southwark. Collins was in our service for better than seven months, and had been truly honest in every respect—I missed a pair of bracelets four months ago, and repeatedly asked her if she had seen them—she said she had not—I did not suspect her till the policeman came to our house with the bracelets—these now produced are them—I never saw Sullivan till she was in custody.
FRANCIS LAMBOURN GREENLEY . I am a pawnbroker. These bracelets were offered in pledge by Sullivan—I do not know the date—I asked where she got them—she said a girl gave them to a child of hers for a play-thing—I asked who the girl was—she said she did not know, she had never seen the girl before, that it was seven months ago, and she lived in London at the time—I said, if she bad not stolen them somebody else had, and I gave her into custody.
Cross-examined by MR. PAYNE. Q. How long ago is this? A. Perhaps a fortnight—I never saw her before, to my knowledge.
JAMES CONNER . I am a policeman. On the 25th of November I was called by Mr. Greenley to take Sullivan—I asked her how she came by the bracelets—she said some girl had given them to her child for a play-thing—she stated the same at the station and before the Magistrate.
NOT GUILTY .
Before Mr. Justice Patteson.
MR. CLARKSON conducted the Prosecution.
MARY BRIDGE . I am the wife of Thomas Bridge, a cow-Keeper, at Bury St. Edmunds. I was present when the prisoner was married to Mary Ann Mitchell, on the 23rd of February, 1824, at St. Mary's church, White-chapel—I subscribed the register—after their marriage they lodged in Houndsditch with her father, and afterwards in Britannia-street, City-road, with me, from the 17th of March, 1825, till the following September—I saw Mary Ann Mitchell here to-day—she is the same person, to whom the prisoner was married in 1824—I do not know where she has been living within the last six years, or nearly six years—I saw her in 1834—I am not sure whether it was the latter end of July or the beginning of August, but I am sure it was in 1834—she then lived at the corner of Cannon-place—I saw her in Whitechapel—the prisoner was with her—he went to her there—I saw them walking together.
Cross-examined by MR. CHAMBERS. Q. How is ft you know it was in July or August 1834? A. Perfectly well, as I was then living in Red Lion-street, and since that time I have not seen the prisoner—his wife came and told me he had been there, and invited me to go with her when she came to meet him—I remember it was in 1834, by the lodging I was then living in, and I removed from there the following Christmas to Margaret-street—I have a rent-book, but not here, I have had no occasion for it since I married again—the prisoner's wife went from my house to meet him—she was to meet him in Houndsditch, but she did not meet him there, and I afterwards saw them walking together in Whitechapel, I can-not exactly tell against what door, but he went home with her—I did not stop to talk to them—it was in the evening—I had seen him hundreds of times between his marriage and that time—when they were first married we were very intimate friends—in 1827 he was at my house at a party—I had not seen him between 1827 and 1834—I have not known any thing of her since 1834, before that I knew her very well—I had not visited her very often, nor she me after they separated, which was, I think, in 1827 or the beginning of 1828, somewhere thereabout—I cannot tell what month—I never saw any one with her after they separated—I know nothing about any one else.
MR. CLARKSON. Q. Have you any reason to suspect her character at all? A. No—I knew her four years before her marriage, and she always
seemed a prudent woman—during the time she lived with her husband. and during the acquaintance I have had with her for the last few years, I knew nothing against her—before I saw them walking together she came to my house and made some communication to me—I lived in Red Lion-street Altogether nearly five yean—I went to lire there the year George the Fourth died, and continued to do so till Christmas 1834—it was while I was living in that house she came to me to make the communication—she was a tailoress, and worked for Mr. Smith, of Houndsditch, ever since she has been big enough, and works for him now—she worked for him after her marriage, and has continued to do so ever since—the prisoner knew she worked for Mr. Smith.
JOHN MEUNIE (police-constable V 70.) I produce a certificate from the parish registry of St. Mary, Whitechapel—I examined it with the register-book of marriages there—it is a true copy of that register—(this being ready certified that Peter Cullen and Mary Ann Mitchell were married by banns on the 28rd February, 1824, by D. Matthias, rector, in the presence of Francis Gunn and Mary Drew.)
JANE BRISTOW . In June last I was living at No. 33, Caroline-street, Lambeth—I never saw the prisoner till the 14th of June last, when he knocked at my door to ask for lodgings—he came on the 15th, and occupied a front room up stairs—it is a four-roomed house—he came as a single man—on the 2nd of August he met with a violent accident, and kept his bed about three weeks—after that illness he paid his addresses to me—I had 1100l. in the funds at that time—I had four children who were entitled to a share of that property—he proposed to marry me—I ascertained little, and I told him I did hear he certainly had been a married man—he said he had, but it was about seventeen years ago, that he had not seen his wife for nearly eight years, and he believed she was dead, as he had not seen her—I believed so too, as he had not seen her—I believed what he told me, and married him on the 16th of November at St. George's in the East.
Cross-examined. Q. Was not the accident the prisoner met with a violent blow on his head? A. Yes—the man was tried here for the assault—the prisoner was very bad in his head for some rime after—I can-not say whether he has recovered now—he always spoke very rationally to me—I believe he had recovered before he was apprehended—he did not seem to me to have any thing the matter with him—he was rather outrageous at times in his temper—I had not the least reason to believe when I married him that his first wife was alive—I had nobody to give me that particular—I thought she was dead—his relations had come and told me that she was alive, but the prisoner prevented my believing it—that was before our marriage—the property I have was in the hands of trustees for the benefit of my children, but I am the whole and sole protector of it at present—the trustees are dead—my uncle was one, and Mr. Forsyth the other—my eldest child is eighteen years old, the next fourteen, the next thirteen, and the youngest eleven—they lived in the house with me.
MR. CLARKSON. Q. How did he conduct himself towards your children? A. Why, after we were married he certainly did not behave as I expected—we had a little tiff three days after our marriage, and he
took my eldest daughter by the shoulders and turned her out of doors, which hurt my feelings very much, but I said nothing at the time—I said the neighbours would talk and say strange things for him to turn her out of my doors—he said she might go to h—and be d——d—the day he went away he asked me where my papers were—I said they were not at home—he said he would have them found—I said they were gone away—he said I should take a cab that night, and go and get them back—I said I could not, my son had got them—he said he would go to the theatre, and neither I or he should sleep again in that house till he had seen them—he said he would have it, and what did he marry me for but my money—he has been an actor at the Surrey Theatre five years and a half—I suppose he bad a little money by him to support him while he was ill.
GEORGE CARTER (police-constable B 151.) I assisted in taking the prisoner into custody, at the last witness's house, No. 33, Caroline-street, Lambeth—I told him I took him for marrying a second wife—he said, "My boy, I expected this, and I will prove it"—he put his hand into his pocket and gave me this certificate of his second marriage—his brother, William Cullen, and the last witness's son, had come to me—it was at their instigation I took him.
Witnesses for the Defence.
EDMUND FAUCIT SAVILLE . I am an actor. I have known the prisoner between eight and nine years—in May, 1832, I met him in York-shire as a brother actor, and went that circuit with him some nine or ten months—I met him again, in 1833, performing at the Pavilion—for the last three years and a half he has been performing at the Surrey theatre with me—I never knew him to be a married man—I knew him before the attack which was made on him, when he was struck on the head—before that time he was a very excellent, dependable, good actor; you might always rely upon him with safety, for memory and regularity—since that I have observed a very visible alteration; his memory has been very in-different, and he has been flighty, and it has been remarked by us that there has been a great alteration in him since that.
MR. CLARKSON. Q. Is the Pavilion, where he used to act, in White-chapel? A. Yes—I do not know the street in which his first wife lived—he played various characters at the Pavilion—perhaps the King, in Hamlet—he played what we call the "heavy line" of business, and the "generally-useful line"—he played in light pieces as well—he was a generally-useful horse in the team—before be met with the accident he was an exceedingly steady actor—he never told me he was married—I never asked him—he used to go about without any body with him—he used to go to and from the theatre, and come on the stage at proper times—the accident he met with was, an Irishman knocked him down with a poker—I saw him about three weeks afterwards at the theatre—that was before November this year—he acted, but not as before—his most celebrated character was Blueskin, in "Jack Sheppard," which is quite in the heavy line—he has performed that perhaps twenty-four times since the accident—he has not been so punctual at the theatre since—he has been a few minutes behind occasionally—I believe the injury he has sustained has affected his memory—I am not prepared to say he would not know 5 from 7, or whether he was married or not.
Q. Do you mean to say the injury he received would prevent his knowing whether he had seen his wife five ears ago? A. I think it
might affect him as to the date—I cannot say that I think it would make him forget that his wife worked for Mr. Smith—hit last vocal exertion I heard was "Jolly Nose.
MR. CHAMBERS Q. Is that in the part of Blueskin? A. Yes—the general line of business requires a very good memory.
JOHN HESLOP I have known the prisoner since 1833—I have been at the Surrey theatre with him nearly three years—he lodged at Mr. Phillips's in Suffolk-street, Borough, six months after I went to the Surrey theatre, which is last Easter two years—I visited him there occasionally—I was never aware that he was a married man.
---- DALE. I am an actor. I have known Mr. Cullen five or six years—he acted with us frequently at the Surrey theatre—I never heard he was married—I have frequently observed an alteration in him since he received the injury in his head.
SARAH MARTIN . I was a cook at Ironmongers'-hall—I now keep a house in Green-street, near Stepney old church—the prisoner lodged with me from the 14th of February, 1833, for twelve months, at the time he was playing at the Pavilion—I never saw any wife with him, and no female ever came.
HENRY GRAVES . I live in Brunswick-street—I did live in Goswell-terrace—the prisoner lodged with me there about nine months, and left at the latter end of May, 1835—nobody ever came there as his wife, nor lived with him.
ROBERT HANCOCK . I lived in Lambeth-street, Whitechapel, in 1835, and the prisoner lodged with me from about May till the February following—he was engaged at the Garrick theatre at that time—nobody lived with him as his wife, nor came to see him—his sister lived with him.
MRS. SAUNDERS. I lived in Union-court, Friar-street, Southwark—the prisoner lodged with me twelve months, and left at the latter end of June, 1837—during that time nobody lived with him as his wife, nor came to see him—I did not know he bad one.
JOHN MOGGRIDGE . I knew the prisoner when he lodged at Phillips's, in Great Southwark-street—he went there three years ago, and remained about two years, during which time I never saw any body passing as his wife, and never knew he was married.
MRS. ADAMS. I live in Regent-street, Kennington—the prisoner came to lodge with me about a year and a half ago, and remained till he went to Mrs. Bristow—I never saw any one passing as his wife—he lived alone.
GUILTY . Aged 37.— Confined Six Months, without hard labour.
Before Mr. Sergeant Arabin.
390. WILLIAM SUMMERHAYS was indicted for stealing, on the 12th of November, at St. George the Martyr, Southwark, 1 handkerchief, value 6d., and 6 sovereigns, the property of James Davey, in hit dwelling-house.
ELIZABETH DAVEY . I am the wife of James Davey, and live in Gilbert's-court, in the parish of St. George, Southwark—the prisoner was a servant out of place—we took him in to lodge out of charity—he was five
weeks with us—I had a box locked in the front room up stairs—on the 12th of November I found it broken open, and missed from it a handkerchief and six sovereigns, which were all tied up together in a rag—they were safe before—I have not recovered them—I had no other lodger—he left the house without notice.
JOSEPH KENT . I am a policeman. I went down to Chard, in Somersetshire, and found the prisoner there—I asked by what conveyance he went home—he said by the Great Western Railway, for which he paid 1l. 11s. 6d.—I asked if it was in sovereigns or silver—he said, "Both"—I found only 6 1/2 d. on him.
WILLIAM GREEN . I am a policeman. I was at the station on Sunday, and saw the prisoner in the cell—I said, "Where do you come from?"—he said, "I have come out of the country"—I said, "Oh, are you here for those six sovereigns?"—he said, "Yes, I am—if I am sent over the water I shall bring some sprats back with me"—the handkerchief has not been found.
GUILTY . Aged 20.— Transported for Ten Years.
Before Mr. Justice Patteson.
THOMAS PRESTON . On the 2nd of December I was at the Dun Horse public-house, in the Borough, and saw the prisoner and James Redman there with some friends—they were all drinking together—the rest went away about half-past seven o'clock, leaving the prisoner and Redman alone—there was no quarrelling before that, but they were very comfortable together—both the prisoner and Redman were drunk—they went out about half an hour after their friends, then returned to the bar, and the prisoner quarrelled with Redman, and knocked him down in the corner of the room—he hit him on the side of the head before the bar, quite at the door, in the doorway—I only saw one blow struck—Redman did not make any blow at all, but laid his head down, and covered his head with his hands—the prisoner did not strike or kick him while on the ground—not inside the house—the land-lord came from behind the bar, and caught hold of the prisoner, and with my assistance, put him outside, and kept Redman inside—the prisoner, when he was outside, said, "I will wait for him till he comes out, if it is two hours, but what I will have my revenge," using bad language—I stopped there till about half-past ten, which might be an hour and a half—Redman went away about half an hour after we turned the prisoner out—he went out by himself, and I saw no more of him.
Prisoner. I did not say I would wait outside for two hours. Witness. I am certain he did—I was perfectly sober.
ISAAC HURTON CLARK . I am a corkcutter, and live in the Borough. The prisoner was in my service for about eight months, and at the time in question—I was passing the end of Kent-street, towards the Borough, about nine o'clock on this evening, and saw a great many persons collected—I recognised the prisoner—he was intoxicated, but he knew me—I saw a man lying on the ground, and asked Betts who it was—he looked round at me, and immediately replied, "It is Redman, Mr. Clark"—Redman was also in my employ—I said, "Why, Betts, you have made a bad job of this, you had better been at work"—he said, "Yes, we have, Mr. Clark"
—he then stooped down to lift Redman up, and the people finding I knew him, several said, "This is the man, (referring to the prisoner,) who has knocked him down, and been stamping upon him"—he did not deny it, but put himself in a fighting posture, and said to one of them, "Are you going to take it up?"—I told him to be quiet, or we should put him in the watch-house—he replied, "Oh! I shall not flinch"—at that moment the policeman said the man's leg was broken, and I saw it was so—I told him to take care of Betts—Redman was taken to Guy's Hospital on a stretcher.
Prisoner. I knocked him down, it is true, but he struck me first.
CHARLES LEE . I am a shoe salesman, and live in Southwark. About ten minutes or a quarter after nine o'clock, on the evening of the 2nd of December, I was shutting up my shop, and saw a man lying on the ground right opposite my door—the prisoner was standing over him, beating him about the head with his fists, as he lay on the ground on his back, saying, at the same time, "You call me deceitful, you——"—I called out, "You cowardly rascal, don't strike the man on the ground"—he took no notice of it—I ran and pulled him off him, lifted the man from the road, and got him, quite on the pavement—he was lying on the pavement—he could not stand—I kept the prisoner away from him with great difficulty—Redman was lying on his back quite exhausted—he called out as well as be could, "Murder, police"—MR. Clark came up directly after, and his evidence is, correct—I went with the policeman to the station with the prisoner—I am sure the prisoner is the man who was beating him—he appeared in liquor.
Prisoner. Q. Did you see roe jump on him? A. No; he was on the ground when I first saw him.
ELIZABETH HOLLAND . I live at No. 1 Church-street, Borough. I was standing in my shop reading, right opposite Mr. Lee's house—I did not see the deceased till he was on the ground—I only saw him and an-other man standing over him taking hold of his head, and thumping him—I cannot say whether it was the prisoner—there were a number of people there—I saw Mr. Lee take the man off him—I only saw him striking him.
WILLIAM SOPPET . I am a policeman. I went up and found Redman lying on his back on the pavement, by Mr. Lee's shop—the prisoner was, standing by him drunk—a number of persons were collected—I heard, several voices cry out, that it was the man who knocked him down—I asked the prisoner what he had been about—he said, "It serves him right"—Redman cried, "Oh! my leg," and I found it was broken—he was taken to Guy's Hospital—I took the prisoner to Union Hall next morning—he was quite sober then, and said he was very sorry for what he had done, and that Redman had very much aggravated him.
ROBERT HAYNES . I am a dresser at Guy's Hospital. The deceased was brought there—he had a broken leg—there were no other injuries about his person—the leg was set, but it went on unfavourably, which I attribute to a broken-down constitution—he was thirty-eight years old—he died on Sunday the 13th of mortification of the leg—I attended him all that time, every care was taken of him—I examined his body after death—I examined the head, there was no bruise there—I am clearly of opinion that he died of the fracture of the leg, and the mortification which ensued.
Prisoner's Defence. On the 2nd of December, the foreman in our shop had a boy bound apprentice, and we all went and had something to drink together, all the afternoon—we had wine and mixed liquor—in the evening
the foreman went home—they left me and Redman in the kitchen—we were talking together very comfortably, and came out in front of the bar, and had some rum—we afterwards went to a public-house in Vine-yard, and had a pot of beer—we returned again to the house, and had some more rum—he then began to call me treacherous, and called me a dum, because I did not belong to a trade society, and he did—after that he shoved me on one side—I struck him, and he fell down—they shoved me outside and charged the policeman with me, but he would not take me—after that he came out of the house, and we went into the public-house at the corner of the Mint, and had some more beer—we went down Church-street, talking together about trade affairs, and he turned round and hit me on the nose—I then hit him, and he fell down.
GUILTY. Aged 28.—Recommended to mercy.— Confined One Year.
Before Mr. Common Sergeant.
JOSEPH DIX . I keep the Three Jolly Gardeners public-house, at Lambeth. The prisoner was my pot-boy—on the 8th of December I left every thing safe in my till, about twelve o'clock at night—there was then 4s. or 5s. worth of coppers in the till—I was called up at half-past five next morning, and there was only about one shilling's worth in it—it was not locked.
JOHN GURTEEN . I sleep in the same room with the prisoner at Mr. Dix's. He got up at a quarter past four o'clock in the morning of the 9th of December, and left the room—(six o'clock was the time he generally got up)—I missed him, and went out to look for him—I heard the gate of the bar go where the till is kept, and saw him coming from the bar along the passage—he had no business there—he then went into the yard—when he came in again, I said he had been into the bar—he said he had not—I said he had—he said I was a liar—I said I would search his pocket—he put his hand into his pocket, and pulled out rather better than a shilling's worth of coppers, which he said were his own—he then pulled off his trowsers, and got into bed—I got his trowsers, and found about 3s. 9d. in copper in them—I got up to tell Mr. Dix—the prisoner got out at the back-door, and was taken by the policeman, as he was climbing to get away—there were the marks of his feet on the new palings—he at first said the money was his own, and that he must stand the racket of it—I found the till near the bar-window, nearly empty.
Prisoner. Q. Did you not count up some coppers? A. Yes, but not from the till.
Prisoner. This lady was counting coppers, 10s. worth at least.
GUILTY . Aged 28.— Confined Six Months.
394. HUGH M'GRATH was indicted for stealing, on the 30th of November, 1 pair of trowsers, value 2s.; 2 handkerchiefs, value 10s.; 7 waistcoats, value 10s.; 2 shirts, value 10s.; 3 handkerchiefs, value 3s.; and 2 stockings, value 1s.; the goods of Jeremiah Atwell, in a vessel on the navigable river Thames.
JEREMIAH ATWELL . I am a seaman, on board the Margaret schooner, which was lying off Scovell's Wharf, on the Thames. On the 80th of November I saw the prisoner bringing some sails on shore, and he had pair of my trowsers on—I went and looked into my chest—it was broken open, and all the articles stated were gone—those produced are them.
Prisoner. Q. Can you say I broke your chest open? A. No.—my things were safe the night before—I went to the Thames Police, and then he went on shore.
WILLIAM BRIDGES (Thames police-constable, No. 38.) I went on board the vessel with my Inspector—I found these articles ill two bundles, in a berth above that in which the prisoner slept—the mate pointed the berth out to me, in presence of the prisoner—he did not deny that the berth was his, but that he had put the things there—they were sticking through where the boards were broken—they were concealed—there were some spots of melted tallow on the prisoner's bed, and the same on one of the bundles.
Prisoner. I was sent down by the mate, and found the trowsers behind a cask I put them on.
JEREMIAH ATWELL re-examined. The trowsers I saw him have on were not in my chest with the other things—they were tied up in my bed—he had opened the bed, and slept in it—I am sure I left them in the bed.
WILLIAM JUDGE . I am a Thames Police Inspector. I went on board, and asked the prisoner if that was his berth—he said, "Yes"—I saw the bottom of one of these bundles, and had them pulled out—he said he knew nothing of them, but the trowsers be found behind a varnish cask, and put them on to save his own.
GUILTY of stealing the Trowsers. Aged 19.— Confined Three Months.
395. ELIZA REDMAN was indicted for stealing, on the 7th of November, 50 yards of mouseline-de-laine, value 2l. 10s., the goods of Joseph Railton; and MARY ANN BIRD , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.—2nd COUNT, stating it to have been received from a certain evil-disposed person.
JOSEPH RAILTON . I keep a linen-draper's shop in Paradise-street. Chelsea. Redman came to me on the 7th of November, and said she wanted a dress that Miss Coomber had seen in my window—I said I did not know which it was—she said if I showed her tome she would show me the pattern—I took down a quantity—she said tone was it, and would I allow her to take three or four more for Miss Coomber to look at—I knew Miss Coomber very well—she keeps an establishment for ladies, close by me—I allowed the prisoner to take five dresses of mousline-de-laine, which was about fifty yards, but not knowing her, I watched her to Miss Coomber's house—she went in, and I was satisfied—she came back to me in about a quarter of an hour, and said Miss Coomber had selected this dress for herself, but would like her sister to have this other one, but as her sister was not at home, would I allow her to take and leave them—I did so—she did not return—these three dresses now produced are mine.
Cross-examined by MR. PAYNE. Q. In what state were these dresses? A. Folded up—I should have had no objection for Miss Coomber to have purchased them—these are the only three we have recovered.
Cross-examined. Q. Where did you see her? A. In my house—she said she came from Mrs. Smith, in Vauxhall-road, to inquire if I had a vacancy for a pupil.
SAMSON DARKIN CAMPBELL . I am a police-inspector. About two o'clock in the morning of the 1st of December, I went to Woodland-street, Dalston, where Bird (Redman's mother) lives—I saw her in bed—after searching a room, which was pointed out by the husband as Redman's room, I asked Bird if she had seen her daughter bring home any mouseline-de-laine dresses, or shawl, or had seen her in possession of any watches—she said she had not brought any there, and she had only seen her with a gilt watch, and if her daughter had done any thing wrong, she was innocent—I searched the house again, about five-o'clock in the afternoon, after the examination before the Magistrate, and in the front parlour, which was Bird's room, I found in the neck of a bottle, thrust in as a cork, three duplicates, one for a watch, pledged for five guineas—I then questioned Bird—I said I had information of some mouseline-de-laine shawls and watches being brought home—she most solemnly denied that such things had been brought there—on the following Friday I went and found this dress there—I said to Bird, "I have called once more to know if you still persist in your story, that your daughter has brought nothing home?"—she said she had not—I said, "Have you not redeemed any thing since then?"—she said, "Oh, my God! I have, I did it to save my daughter"—this dress had been pledged while Redman was under examination, and redeemed that night.
Cross-examined. Q. The dress was not hid away? A. No, it was wrapped up with other articles, as it came from the pawnbroker's—Bird appeared very much distressed and agitated—I did not go and question the daughter in prison—I went with a message from her, but I found my error, and left—I had no conversation with any one, from the time I saw the daughter till I had the conversation with the mother—I took a note of the first conversation—the daughter told me nothing of the mouseline-de-laine.
JOHN BURGESS . I am a pawnbroker. I produce two pieces of mouseline-de-laine, pawned on the 7th of November, and this other, pawned by Bird on the 1st of December, and redeemed on the Friday following.
(Edward West, Church-street, Hackney, gave Bird a good character.)
REDMAN— GUILTY . Aged 16.
BIRD— GUILTY . Aged 41.
396. ELIZA REDMAN was again indicted for stealing, on the 19th of November, 2 shawls, value 3l., and 40 yards of mouseline-de-laine, value 3l.; the goods of Daniel Sanger: and MARY ANN BIRD , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
EVAN HUGHES . On the 19th of November Redman came to Mr. Daniel Sanger's, and asked to look at a black-ground mouseline-de-laine, for Mrs. Cook, which she had seen in the window the day previous—she selected one, which she said was the one that Mrs. Cook wished—she took it, and came back in about ten minutes, and said it was not quite good enough, she wished to have four more, to select one—I gave her these four for Mrs. Cook, who is a customer—these two shawls now produced I also gave her for Mrs. Cook to look at.
and deals with Mr. Sanger. On the 19th of November I was at home all day—Mrs. Cook was ill, and did not see any one—I am sure she did not see Redman—she came to he house, and inquired for Mr. Cook, who is a surgeon, I said he was not at home—she said he was wanted at Mrs. Price's school, at Peckham—she brought a parcel, hut did not leave it.
SAMSON DARKIN CAMPBEL . I am a police-sergeant. I went to Bird's, on the morning of the 1st of December—I asked if her daughter had brought home any shawls or dresses—she said she had not, if she had she must have known it—I said I bad information that such things were there, and I hoped, for her own sake, she would tell me—she denied it—in consequence of what Mr. Burgess told me I went again on the Friday, and asked if her daughter had brought any mouseline-de-laine dresses or shawls there, she denied it—I said, "Do you know any thing of any shawl, or dresses being pawned?"—she said, "No "—I said, "Do you mean you did not redeem a parcel, containing mouseline-de-laine dresses, and a shawl, this night, from Mr. Burgess's?"—she said, "I did it to save my child; for God's sake forgive me."
Redman's Defence. What I gave my mother she believed me to have bought, and paid for them.
REDMAN*— GUILTY . Aged 16.— Transported for Fourteen Years.
BIRD— GUILTY . Aged 41.— Transported for Seven Years.
(There were four other indictments against Redman.)
WILLIAM BROOKS . I am a seaman. On the morning of the 3rd of December, about two o'clock, I met the prisoner—I went with her to Mrs. Bryant's, in Unicorn-square—I had my watch and five sovereigns, six half-sovereigns and 8s. in silver in my watch-pocket—I did not give her any thing—we disagreed about money—I went to bed—she was the only person then in the room—I awoke about eight—the prisoner was then gone, and I missed my money—I was rather intoxicated when I went there—there was no one in the place, but the landlady put the key under the door—I then got out, went to a public-house, and made my complaint.
Cross-examined by PHILLIPS. Q. Did not this girl want more money than you would give her? A. Yes—I took 8s. out of my pocket, which she refused—I opened the room door for her, and she walked out—that was about half-past two o'clock—she did not come in after that—I locked the door and put the key in my pocket.
JOHN DUNSTON . I am a cooper. On Thursday morning, the 3rd of December, about eight o'clock, I passed the prisoner and another female walking together—the other had her hand round the prisoner's neck—I turned and looked at the prisoner—I saw in her hand some halfpence, a shilling, and a sixpence, and I saw her with her other land take several sovereigns from her mouth—she saw me looking at her, and put the sovereigns in her mouth again—I told the officer.
Cross-examined. Q. Who was that other female? A. I do not know, I saw her at Union Hall—I did not speak to the prisoner.
NOT GUILTY .
398. CAROLINE HOPKINS was indicted for stealing, on the 9th of October, 1 gown skirt, value 2s.; 1 pair of sleeves, value 1s.; 1 1/2 yard of printed cotton, value 6d., the goods of Lindsey Smith, her master; and that she had been before convicted of felony.
ELIZA SMITH . I am the wife of Lindsey Smith; we lire at Brixton. The prisoner was in my service, and left me about nine weeks ago—I did not miss any thing till she was taken up—I then missed the articles stated—I was with the officer when they were found in her mother's garden—her mother had no opportunity of taking them—she did not come to my place.
Cross-examined by MR. HORRY. Q. How long had she been in your service? A. Six weeks—she was to have 4l. a year—10s. was due to her—I gave her 3s. 6d. when she left, and she had 2s. 6d.—on account of her being insolent, I said I would stop her wages, but I deducted only 4s.—the skirt of this gown was made—the sleeves and the body were not made up—I know this by the old lining—she had made it up and worn it.
GUILTY . Aged 16.— Confined One Year.
JOHN MORRIS . I am apprenticed to Mr. Joseph Delaney, a pawnbroker, in Church-street, Rotherhithe—the piece of cotton hung inside his door on the 9th of December—I did not miss it till it was brought back—the prisoner was seen in the shop the same afternoon before fire o'clock—this is the cotton.
JOSEPH PERKINS . I am a pawnbroker—this cotton was brought to me by the prisoner on the 9th of December—she said it had been bought at Delaney's by her—on examining it, I found a duplicate in the corner of it—I gave it to a boy to go and make inquiries.
Prisoner's Defence. I met a boy who had this piece of cotton and a bit of pork—he asked me to buy it—I said I did not mind—I gave him half-a-crown for it—I went to pawn it, not knowing it was stolen.
GUILTY . Aged 38.— Confined Four Months.
Before Mr. Sergeant Arabin.
FRANCES GUY . I am the wife of Thomas Guy, a tobacconist, in Union-street, Borough. On the 4th of December, about eleven o'clock in the morning, the prisoner came in for 1d. worth of tobacco—he gave me a shilling—I told him it was bad—he said he was not aware of it, and he had taken it overnight of a man who was selling Congreves—I called in a neighbour, he called in a policeman, who searched the prisoner in the shop—I kept the shilling in my hand, then marked it, and gave it to the police-man—I had not parted with it.
shop, and received from her this shilling—I took the prisoner to the station—I received this shilling from Mrs. Guy.
ELIZABETH RICHARDSON . I am the wife of James Richardson, green-grocer, John-street, Old Kent-road. On the 2nd of December, the prisoner came into the shop for 1d. worth of potatoes—I gave them to him—he gave me this shilling, I gave him 11d. change—he then went away—I am quite sure he is the person—I put the shilling into my pocket—I had no other there—I afterwards gave it to my husband.
JAMES RICHARDSON . On the 9th of December I was in my shop—the prisoner came in, and asked for 1d. worth of onions and 1d. red herring—I gave him them—he laid down a bad shilling—I said I thought it was bad—he said it was good—I went out into the Kent-road with him, gave him in charge, and gave the policeman the shilling, which I had not parted with.
SAMUEL KINDY (police-constable M 209.) I received the prisoner—James Richardson gave me this shilling—I afterwards received three shillings from Mrs. Richardson, one of which she said she received from the prisoner.
GUILTY . Aged 19.— Confined Eighteen Months.
MR. CHAMBERS conducted the Prosecution.
ANN WEYZELL . I am the wife of George Weyzell, a dealer in combs, in Cross-street, Blackfriars-road. On Sunday, the 15th of November, the prisoner came to my shop, between five and six o'clock, and bought half a cocoa-nut, which came to 3d.—he gave me half-a-crown—I gave him change, and he left—I discovered it was bad—I put it into a drawer where there was no other—on the Wednesday the policeman came, and I gave it to him.
ANN MAGGS . My father keeps a tobacconist's shop in Waterloo-terrace, Waterloo-road. On the night of the 15th of November the prisoner came for half an ounce of tobacco, which came to 2d.—I served him—he gave me half-a-crown—I took it into the parlour, and showed it to my father—he went to the prisoner—my father gave me the half-crown—I kept it till I gave it to the policeman.
HENRY MAGGS . My daughter came to me, and showed me a half-crown—I went into the shop, and saw the prisoner—I asked him if he had any other half-crown, or any other money—he said he had not—I asked him where he came from—he said, "The Cut"—I told him to give me the tobacco back—he did so—I desired my daughter to call a policeman, and the prisoner ran away—I am sure he is the person—I locked the half-crown up—when the policeman came I gave it to him.
CHARLES BURGESS GOFF (police constable L 31.) I took the prisoner in Cross-street, leading from the New Cot—I told him I wanted him for passing bad money—he said he knew nothing of it—I found 1s. 10d. on him in good money—I got this half-crown from Mr. Weyzell.
MR. FIELD. These are both counterfeit, and both cast in one mould.
Prisoner's Defence. I was not in either of the places.
GUILTY . Aged 17.— Confined One Year.
JAMES BATEMAN . I live at the King's Arms, Elephant-street, Rotherhithe; the prisoner lodged in the same house. On Saturday morning I missed my waistcoat and trowsers—I spoke to the prisoner about it on Saturday evening—he said he had taken them, and pawned them—I never permitted him to do so—he said he would return them at some future time—I found these clothes at the pawnbroker's—they are mine.
Prisoner. Q. If you thought I did not mean to return them, why did you not give me in charge when the coat went four or five weeks before? A. There was a blue coat taken before, which I forgave him for.
JURY. Q. Have you been on intimate terms with him? A. Yes—we have not associated together—we did not sleep together.
Prisoner's Defence. I told the prosecutor I intended to bring them back in a quarter of an hour.
GUILTY . Aged 18.— Confined One Month.
Before Mr. Common Sergeant.
JAMES JONES . I am salesman to Edward Groves, in the New Cut, Lambeth. On the 12th of December this waistcoat was outside the shop between eleven and twelve o'clock—I watched the prisoner the whole day—I saw him take it from the front, and put it into his hat—he came towards my shop—he saw me looking at him, and turned back—I collared him—he took off his hat, and threw the waistcoat down an area.
Prisoner's Defence. Jones never saw me at all—I had not got this waistcoat.
GUILTY.* Aged 21.— Transported for Seven Years.
RICHARD STAFFORD ROLFE . I am salesman to Charles Padden, of Lambeth-walk. On the 14th I was at my door—I saw the prisoner take a waistcoat from the front of Mr. Groves's shop, and pass it to another young man, who made his escape—he had made two attempts at my shop—I told him to go away, and he put his band up to his nose—I am sure he is the person.
Prisoner's Defence. I did not take it.
GUILTY . Aged 17.— Confined Four Months.
405. JOHN BROCKS HAW was indicted for feloniously receiving, on the 19th of November, 25lbs. weight of cheese, value 29s., the goods of William Tapley, well knowing it to have been stolen; Against the Statute, &c.
JAMES BROOK (police-constable L 118.) On the 4th of December I went to the prisoner's house in Friar-street, Blackfriars-road—he keeps a chandlers-shop—Mr. Tapley claimed this cheese, which was at the prisoner's—the prisoner said his wife had sent his nephew to buy it.
NOT GUILTY .
FRANCES DREW . I am the wife of Thomas Francis Drew—we keep a shoe-warehouse in Newington causeway. About the 21st of November we lost some clogs, but I do not know how many—I saw a man running away with some—the clogs now produced are part of what 1 lost.
NOT GUILTY .
Before Mr. Recorder.
THOMAS WEAVER . I lodge in Newgate-market On the 9th of December I met the prisoner in the Strand, about half-past eight o'clock—I went with her to Queen's-place, Westminster—I had my watch and guard safe when I went, and three sovereigns and five shillings—I put the watch and guard on the mantel-shelf—I went to bed, and awoke about half-past three o'clock—I then missed my watch, guard, and money, and the prisoner was gone—I had not given her the watch or any money.
JAMES PEPPER (police-constable L 51.) I saw the prisoner and another female going into a shop in the New Cut, on the morning of the 10th of December, about half-past eight o'clock—I spoke to the prisoner, and she put something into her bosom—I asked what she had got—she said, "Nothing"—I said, "You have, and I shall take you to the station"—in going along she took the watch from her bosom, and said, "Here is the watch, take it, I don't want to go to the station"—this is the watch, and 1l. 2s. 4d. was found on her.
(Property produced and sworn to.)
GUILTY . Aged 24.— Confined Twelve Months.
ADJOURNED TI MONDAY, JANUARY 4TH, 1841.