CENTRAL CRIMINAL COURT.
THIRD SESSION, HELD JANUARY 4TH, 1841.
MINUTES OF EVIDENCE,
Taken in Short-hand
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, January 4th, 1841, and following Days.
Before the Right Honourable THOMAS JOHNSON, LORD MAYOR of the City of London; Sir John Taylor Coleridge, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir William Henry Maule, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Robert Mousey Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer: William Thompson, Esq.; Charles Fare-brother, Esq.; William Taylor Copeland, Esq.; Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Pirie, Esq.; Thomas Wood, Esq.; James White, Esq.; John Johnson, Esq.; Sir George Carrol, 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. THIRD 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 they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 4th, 1841.
First Jury, before Mr. Recorder.
GUILTY . Aged 20.— Confined Six Months.
GUILTY . Aged 17.— Confined Six Months.
JAMES BAIRD . I am a stone-mason, and live in Westminster. I lodged at the Welsh Harp public-house, in Essex-street, on the 15th of November—I had taken too much liquor, I went up stairs, and the prisoner was sent up to see if I had got safe to bed—I saw my watch in my possession a little after eight o'clock, and next morning I missed it—the one now produced is mine.
Cross-examined by MR. PAYNE. Q. How do you know it? A. My name is engraved inside—when I missed it I looked all over my bed room for it, and told the landlord of it.
ROBERT COX . I am in the service of Mr. Tarrant, a pawnbroker in Great Charlotte-street, Blackfriars-road. This watch was pawned on the 25th of November, by a man in the name of John Baxter—I gave him a duplicate.
Cross-examined. Q. Was it in this state when you received it, with only one hand to it? A. Yes—I cannot tell what time of day it was brought.
WILLIAM EASON . I keep the Welsh Harp in Essex-street; the prisoner was in my service to carry out beer. On the 15th of November I told him to see the prosecutor to bed, and undress him—on the 25th the prisoner was still in my employ—he asked leave to go out that evening, saying he had got a hurt from a ladder, and wished to consult the doctor about his side, which he had hurt—in consequence of suspicion, I afterwards
searched a box belonging to him, and found the duplicate of this watch, with about forty more duplicates.
Cross-examined. Q. Where was he when you searched the box? A. He was absent—the box was open in his room—I remember that it was on the 25th of November he asked leave to go out, because he came home and brought home some shoes and other things, and money—I thought he could not have got it honestly, and immediately suspected him—I put it down in a book, which I have not got here—it was on the 22nd of December that I searched his box—I had no quarrel with him myself, my wife had, about taking a handkerchief—I did not take any part in the quarrel to my recollection—he remained in my employ till the 22nd of December, because I was ill, or I should have had him taken before.
HENRY MORRISS (City police-constable, No. 323.) I took the prisoner in charge, and received this duplicate from Eason—I found this pocket-book in his box, containing forty two more duplicates, but this duplicate was found before I searched his box.
Cross-examined. Q. When did you search it? A. On the 22nd of December—I received the duplicate from Eason, about an hour before I found the pocket-book.
MR. PAYNE to JAMES BAIRD. Q. Was the prisoner the only person up stairs with you? A. Yes, except the servant maid—I saw my watch safe about three hours before I went up stairs—I went to a cook-shop after that for some time—I had been lodging there about nine weeks—the prisoner came there two or three weeks after me.
GUILTY . Aged 24.— Transported for Ten Years.
411. SARAH ROACH was indicted for stealing, on the 22nd of September, 11 pinafores, value 6s.; 13 napkins, value 7s.; 5 pairs of drawers, value 2s.; 4 petticoats, value 3s.; 2 pairs of stays, value 1s. 6d.; 2 pillow-cases, value 1s.; 2 frocks, value 5s.; 22 pairs of socks, value 11s.; 8 handkerchiefs, value 7s.; 1 scarf, value 6d.; 2 hoods, value 5s.; 1 pair of gloves, value 6d.; 1 spencer, value 1s.; 3 belts, value 6d.; 1/2 a-yard of flannel, value 3d.; 2 spoons, value 3s.; 1 pair of sugar-tongs, value 1s.; 4 bonnets, value 10s.; 2 hats, value 5s.; and 7 yards of linen cloth, value 1s.; the goods of Robert Snow, her master.
MR. PHILLIPS conducted the Prosecution.
MRS. GEORGIANA SNOW . I am the wife of Robert Snow; our private residence is No. 72, Portland-place; the prisoner was in our service for about two years. I missed a christening-robe belonging to one of my children, I suspected the prisoner, she was questioned about it, but not in my presence—some Irish linen was missing, and I asked her if she had taken it—she said no, she knew nothing about it—I did not make her any promise, or threaten her.
Cross-examined by MR. CLARKSON. Q. Did you not tell her she might as well tell you about the Irish, as what you wished to know about was the christening-robe? A. Lately I did—it was then that she made a statement about the Irish, and not until then—I said I would forgive her if she would tell me about the Irish.
MR. PHILLIPS. Q. Was she spoken to about any other things? A. Yes, the robe and some caps—she said the head nurse who had left had never given them into her charge—the head nurse was confronted with her, and said in the prisoner's presence that she had—the prisoner still maintained that she knew nothing about them—her boxes were searched by a policeman on the Saturday morning after—I was present, and saw the policeman find
all these articles now produced, and which are stated in the indictment—here are two little silver spoons, a pair of silver tongs, and some beads belonging to my children—these are the aprons which were made out of the Irish, and this is one of the children's frocks—the prisoner cried after these things were found, but she said nothing—she was present at the time they were found, and I recognised them as my property in her presence at the time—she made no answer.
Cross-examined by MR. CLARKSON. Q. She was under-nurse, I believe? A. Yes, I had her from the Rev. Mr. Towers, in Essex, and had a very good character with her for seven years—my head nurse is not here, nor was she brought before the Magistrate—these pinafores had been worn a little, but they are not old—when the children's things are done with, the head nurse brings them to me to look over, and then I give her what I think the children may not use any more—I did not give the head nurse any when she went away, for she went away very ill—I am certain she did not take any away—this bonnet was found in a deal box belonging to the prisoner, which had no lock to it, but it was nailed down—it was kept in a cupboard in the nursery—when she was told to give up all the things belonging to the children to the head nurse, she kept these things back—she did not deny that it was her box—I cannot swear that it was—some frocks and other things, which are not here, were found in that box—she said they had been given to her by the head nurse, and I did not make a discussion about it—all the things that are here were in use at the time the head nurse was in my service, except these children's toys—we had only removed from another house to the present a fortnight, when this discovery was made—all my boxes had been unpacked—I cannot say whether all the prisoner's were—I believe they were—these little toys were usually in my sitting-room, but they have been constantly in the nursery, and these glass and blue beads also—when I asked the prisoner to have her boxes searched, she readily consented to it, and gave the policeman the keys—these articles are of no great value—all of them, except the bonnets, were found in her locked trunk.
MR. PHILLIPS. Q. Did she give you any account of the things found in the locked box? A. No, she said nothing—she said the children had given her the necklaces, and some other trumpery things.
COURT. Q. You say there was one box not locked in the nursery cupboard, might that have been used as a place in which to put away the children's things? A. It was not customary, there were drawers for that purpose, but it might have been so—it was nailed down—I cannot say whether or not it was used to bring the children's things from one house to the other, and had not been yet opened—some of the articles belonged to the infant, and they had been put by by my direction, not having occasion for them then—I had given those directions to the head nurse about eighteen months ago—some were put into the wardrobe, and some in a box—it would certainly be necessary to remove them, and put them into separate packages when we came away—I did not superintend their removal, I left that to the nurses—there were not many of the prisoner's things in either of the boxes—her own clothes were mostly in her drawers—none of the articles had been altered or disfigured, or any marks taken out—a border has been taken off one of the caps, that is all.
had any objection to her boxes being searched—she said, not the least, she had nothing in her boxes but what was her own—she showed me the boxes, and unlocked them herself—I found in them all these articles, except the bonnets, hats, and four aprons—she cried, and did not give any account how they came there—she begged for forgiveness.
Cross-examined. Q. Was Mrs. Snow present? A. She was, all the time, standing at the door—it was not when talking about the Irish linen that she asked Mrs. Snow to forgive her—it had nothing to do with that.
SUSANNAH BEER . I went to the prisoner's boxes with Mrs. Snow and the policeman—I saw the four bonnets and two hats found—the prisoner did not give any account of them—she said nothing—the policeman was present at the time—I was present when all her boxes were unlocked, and saw the things found.
COURT. Q. Did she say any thing to Mrs. Snow? A. She begged forgiveness and cried.
MRS. SNOW re-examined. There is no mark about the Irish linen which enables me to speak to its identity.
(The prisoner received an excellent character.)
NOT GUILTY .
NEW COURT.—Monday, January 4th, 1841.
Fifth Jury, before Mr. Sergeant Arabin.
412. ELIZABETH SPICER was indicted for stealing, on the 18th of December, 1 gown, value 42s.; 1 bonnet, value 12s.; 1 muff, value 15s.;' 1 brooch, value 3s.; 1 pair of boots, value 2s.; 1 sovereign, 4 half-crowns, 6 shillings, and 3 sixpences; the property of Frederick Perry Bowen, her master; and 1 necklace, value 10s., the goods of Martha Amelia Bowen; to which she pleaded
GUILTY . Aged 19.— Transported for Seven Years.
GUILTY . Aged 45.— Confined Three Months.
414. WILLIAM JONES and THOMAS KING were indicted for stealing, on the 21st of December, 1 coat, value 12s., the goods of Isaac Michael Myers and another; and that Jones had been before convicted of felony.
ISAAC MICHAEL MYERS . I and my partner keep a general dealer's shop for slops and clothes, in High-street, Shad well. About ten o'clock in the morning of the 21st of December, I heard a pull outside my door, where my clothes hung—I ran out, and missed this great-coat—the two prisoners were pointed out to me—they were running a considerable distance before me—they were taken, and the policeman gave me my coat.
WILLIAM BRIDGES (police-constable F 38.) About ten o'clock I saw the two prisoners running up Albert-street together—Jones was carrying this coat over his arm—I took King—he said, "You cannot say that you have seen me in possession of the coat"—I did not see them together previously.
Jones's Defence. I was in the Commercial-road all that morning, I was not in Shadwell at all; I was walking along when they came and took me.
King's Defence. I was walking up the street, and heard the cry of "Stop thief;" I ran, and the policeman said he saw me with the coat; I never saw Jones before.
JONES— GUILTY . Aged 21.— Transported for Seven Years.
KING—GUILTY. Aged 19.—Recommended to mercy by the Jury.— Confined Three Months.
CHRISTOPHER MASON . I am shopman to Charles Meeking, a draper, on Holborn-hill. The prisoner came in about eight o'clock, on the 24th of December, and asked for some handkerchiefs, and bought one—I saw her take half a dozen handkerchiefs from the counter, and put them under her shawl—she afterwards paid 3s. 9d. for the one she bought—she was leaving the shop, and had got just against the door—I asked her to walk back and sit down, and told a person to call a policeman—he came and took her to the end of the shop, and the handkerchiefs dropped from her—she had got seven or eight yards from where she had taken them from—they were lying under the handkerchief which she bought.
Cross-examined by MR. CLARKSON. Q. Did you see these handkerchiefs fall from her? A. No—I cannot say how far they fell from where she had been sitting—I cannot say whether any other person saw her take them—I did not say any thing to her till a few minutes after—she had a shawl on—I wanted to see if she took them out of the shop—I stopped her before she got out—my master has no partners.
JOHN BARNES (City police-constable, No. 273.) A young man called me into the shop to search the prisoner—it was stated to me that she had taken something—she heard what was said—she was in a chair about the middle of the shop, at the right-hand counter—as we were entering the warehouse to search her, this piece of silk handkerchiefs dropped from her right side.
Cross-examined. Q. Was that as soon as you came up to her? A. No, about a minute and a half after.
GUILTY . Aged 30.— Confined Three Months.
WILLIAM CORBIN . I am a drayman, in the service of Charles Barclay and others, brewers. I was delivering beer on the 24th of December, at half-past five o'clock, at Mr. Coley's, in Brick-lane, St. Luke's—we left this chain and rope on the dray we had, and went into the public-house to get our note signed—we came out in about five minutes, and they were gone—I saw the chain again on the 29th—it has master's initials on it.
o'clock on the 24th of December, the prisoner brought this chain to me, and asked me to buy it—I said I would buy it if it was a thing I should buy—he pulled it out—I asked how he got it, he said he found it coming up Holborn—I looked at it—the officer came in, and I handed it to him.
THOMAS JONES (police-constable G 112.) I had information, and went to different shops—I saw the chain on Jones's counter—I went in, and the prisoner was there—J asked Jones who brought it, he said the prisoner—the prisoner said he found it coming down Holborn.
Prisoner's Defence. I was coming from my father's, and at the top of Farringdon-street picked up this chain.
GUILTY .* Aged 20.— Transported for Seven Years.
417. MARY WITTON was indicted for stealing, on the 15th of September, 2 spoons, value 9s.: also, on the 3rd of December, 4 spoons, value 2l. 9s.; and 4 forks, value 4s., the goods of Stephen Winckworth Silver: to which she pleaded
GUILTY . Aged 18.— Confined Three Days.
HENRY SMITH . I am a porter. On the 17th of December, I saw the prisoner taking a pot off the rails in Quebec-street, and put it into a basket—I collared him, and asked him what he had—he refused to show me—I found these two quart pots and a pint pot on him.
GUILTY . Aged 35.— Confined Six Months.
419. JOSEPH POWELL was indicted for stealing, on the 22nd of December, 1 watch, value 4l.; 3 seals, value 5l. 17s.; 1 watch-key, value 1l. 10s.; and 1 watch-chain, value 3l. 13s., the goods of William Wait, jun., in his dwelling-house.
WILLIAM WAIT, JUN . I supply the Guards with caps—my dwelling-house is in Dartmouth-street, St. Margaret, Westminster. On Tuesday, the 22nd of December, the prisoner came into my shop to get an oil skin cover for his cap—it required a button to be put on—I took it up-stairs, and before I went up, I hung up my watch in his presence, in my parlour—he went away, and about two hours after I missed my watch—I went to the barracks, and described his person, and he having mentioned to me that he was going 130 miles into the country, the sergeant-major supposed it to be this man—I saw him again at the station on the Saturday night following—the watch produced and appendages are mine, and are worth 15l.
JONAS BENNETT . I am a sergeant of the Scotch Fusileer Guards. I started on Wednesday morning, the 23rd of December, for Gloucester—on Thursday night the prisoner came into a public-house at Gloucester, where I was sitting—he was on furlough—I had heard on Tuesday of the loss of this watch, and the prisoner having such a thing, I followed him
out of the room, and caught him forty yards off—I asked him if it was usual for their regiment to wear cases to their caps, as he had one on—he said, "No, only when going on furlough"—I asked where he got it, he said at Mr. Wait's, on Tuesday morning—I took him with me to the coach-office, and inquired the fare—he was making a turn to go out, I said "Stop, let me have that watch"—I took it from him, and took him before a Magistrate.
GEORGE WILLIAMS . I am superintendent of the Gloucester police. I received charge of the prisoner and this watch—he said it was his own, and had been given him by his father, and he should prove so in London.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy by the Jury .
Confined Eighteen Months.
WILLIAM SLADE . I am the son of William Slade a hatter, at Shadwell. On Christmas eve, I saw the prisoner outside the shop—he pulled the hat from the door-post, and ran away with it—I had a good sight of him—there was no one in the shop, and I could not pursue—when my father came home, I described the man to him—he was taken the same night—I knew him to be the person—he had the hat on his head—I asked him how he got it—he said a man put it on his head, and he intended to bring it back.
JOHN BEACH (police-constable H 94.) I took the prisoner the same night at the Kettle-drum public-house, with the baton his head—I brought him to the shop, and Slade said he was the man—the prisoner said another man put it on his head.
GUILTY . Aged 21.— Confined Three Months.
421. WILLIAM MILLER was indicted for stealing, on the 12th of December, I gelding, value 25l.; 1 chaise, value 30l.; and 1 set of harness, value 2l. 10s.; the goods of Richard Channon: to which he pleaded
GUILTY . Aged 25.— Transported for Ten Years.
SARAH REYNOLDS . I am the wife of James Nome Reid Reynolds, a market-gardener, at Harmondsworth—the prisoner was my husband's servant. On the 23rd of December, I put a sovereign into a bowl on the mantle-piece in the kitchen, where the prisoner slept—the next morning I missed it—there had been no one but the prisoner in the room—Rogers brought me the sovereign after that—the prisoner had been with us about five months—I knew him to be honest before.
WILLIAM ROGERS . I am in the prosecutor's father's employ at Harmondsworth. I heard that the sovereign had been taken, and asked the prisoner if he had got it—he said, "No"—I said there was no other in the house but him and me, and they would lay it to one of us—he said then he had not got it—afterwards he said he had got it—I said as master was not at home he might be gone to the cunning man, and he would find it out.
the prisoner, and he said he had picked up the sovereign in Mr. Reynolds' room—he pointed out the cart-shed were he said he had hid it.
GUILTY. Aged 19.—Recommended to mercy .— Confined Six Weeks.
OLD COURT.—Tuesday, January 5th, 1841.
Second Jury, before Mr. Recorder.
JOHN HENRY BURLINGSON . I am a boot-maker, and live in Vernon-place, Bloomsbury-square. The boots now produced are mine—I missed them about one o'clock in the day on the 12th of December, from outside my shop door.
Prisoner. Q. Have you any mark on them? A. Yes, a number made by my foreman, who is not here—I know them by that number, which agrees with my book, which is not here—I know they were outside just before.
THOMAS REEVE . I am a pawnbroker, and live in Gray's-inn-lane. On Saturday evening, the 12th of December, between seven and eight o'clock, the prisoner offered these boots in pledge for 10s. 6d.—I asked if he would take 7s. or 8s.—he agreed—I said I did not think they belonged to him—he said he bought them in Bond-street—I said I was sure they did not belong to him, and walked towards him—he immediately ran out, and I after him—he was stopped in my presence.
Prisoner's Defence. The prosecutor lost them at one o'clock—I bought them in Rosemary-lane, as I deal in wearing-apparel—I can prove I was at the other end of the town at one o'clock—it is usual for gentlemen to give their servants boots if they are misfits—I left the pawnbroker to fetch my father, Mr. Capon, in Bell-court, not a stone's throw from the shop.
GUILTY . Aged 19.— Confined Six Months.
JOHN BALLS . I am a porter, and live in Bishop's-court, Old Bailey. On the 23rd of December, about half-past five o'clock, I saw the prisoner Davis go into Mr. Bethel's shop, at the corner of Brazier's-buildings, Farringdon-street—I was by the engine-house—Hughes was walking backwards and forwards near the shop—Davis came out with the coat under his arm, and went up Brazier's-buildings—Hughes followed him, and then Hughes put the coat on—I followed them and found a policeman in Skinner-street—he took them at the corner of Field-lane—I had not lost sight of them.
Hughes. He said he could not exactly swear to it. Witness. I never said so—I have worn it a long while.
WILLIAM COLE . I am a policeman. I received information from Balls, followed the prisoners, and took them together at the entrance of Field-lane—I took this coat off Hughes' back, and found a latch-key on him.
HUGHES— GUILTY . Aged 18.
DAVIS— GUILTY . Aged 19.
Confined Six Months.
MESSRS. ADOLPHUS and BODKIN conducted the Prosecution.
JOHN JENNINGS . I am now a prisoner in Newgate on a charge of felony—I was clerk to Mr. Goss, a ship-chandler—the prisoner was also his clerk—it was my department to do business at Docks—in October last Mr. Goss had a hogshead of brandy in St. Katherine's Docks—there was an account between Mr. Goss and Mr. Everitt, a lighterman—the brandy in question was the subject of negociation with Everitt—about the middle of October I saw the prisoner about the brandy—there were other persons present—there was a conversation between us about the brandy—it was to be shipped on board the James lying in the London Docks, in the name of Richard Brown—this was said among us all—I do not know who proposed it—the prisoner took part in it, and that was stated in his presence—the brandy was at that time in bond in St. Katherine's Dock—it was necessary to execute a bond before it could be exported—Quinlan told me to put in a bond at the Custom-house, in the name of Richard Brown—I afterwards went to the Custom-house and gave directions for a bond to be prepared—I saw Quinlan a day or two after—I told him the bond was not signed, and he went with me to the Custom-house—he said he would sign the bond—we went to the long-room—I did not see him sign anything—I left him in the long-room—he came back to me in about twenty minutes—I was in the long-room about Mr. Goss's business—when he left me he had gone over towards the bond-office—when he returned to me he told me I might go on shipping, and pass the entries, which was the next thing to be done—after the execution of the bond, I passed the socket, and did what was necessary to ship the brandy—after it was shipped on board the James, it was brought out in bladders—I was present—the paper now produced is an account of sales of the brandy—I believe it to be in the prisoner's writing—it is an account of what brandy was sold after it was got out of the docks.
Cross-examined by MR. PHILLIPS. Q. I suppose you thought this was all an honest transaction? A. No, it was not—I had 1l. as my share of the profit—I have been more than three weeks in Newgate, taken up on the charge of Mr. Goss on another charge, and after that I stated this about Quinlan—I expect to save myself by giving evidence—I am twenty-two years old.
WILLIAM RICHARD BROWNE . I am clerk of the bonds at the long-room, Custom-house—it is my duty, under the Act of Parliament, to take bonds for goods on which the duty is not paid. I produce a bond executed in the name of Richard Brown—I did not see it executed—I have a bond note, which is given for the delivery of the goods after the bond is signed—it contains a certificate that the bond has been given, and that the goods
might be delivered—the bond is deposited with the warehouse-keeper—myname is on it, and I know it was given in respect of that brandy.
Cross-examined. Q. Richard Brown and William Thornhill both appear to have executed this, you have no recollection of it? A. No.
COURT. Q. You know it was executed in your presence by some persons? A. Yes, I cannot say on what day—we do not require the parties to be identified—my duty is merely to see it signed.
MR. ADOLPHUS. Q. Would this ticket be issued till after the bond is executed? A. No—that is given to the parties after the bond is signed.
JAMES GOSS . I am a provision-merchant in the Minories. I had some transactions with Mr. Everitt in an account about some brandy—the prisoner was in my employ for six or seven years—I believe the name "Richard Brown" signed to this bond to be Quinlan's handwriting.
Cross-examined. Q. Does it appear disguised? A. Rather.
WILLIAM EVERITT, JUN . I am a lighterman, and live in Beer-lane, City. I had an account with Mr. Goss for lighterage—a delivery ticket for brandy was left at my father's in part of that account—I had it in my possession—I had it out of my father's house—my father had it from Mr. Goss—a person having property in the Docks can sign an order, by virtue of which any person can get the property, by jy paying the duty—this has been in my possession ever since it was given, which was on the 16th of May—I once met the prisoner, and asked him, as Mr. Goss and I were not exactly good friends, to ask Mr. Goss if he would take the hogshead of brandy back, and pay money instead; my father having failed in business, it would be of more use to me than brandy—he said he would ask. Mr. Goss—I saw him about a week afterwards—he said, "We have taken the hogshead of brandy"—I said, "Very well, let me have the money as soon as possible"—he said he would—I think, on the following Saturday, I sent my brother with a note to Mr. Goss—I met the prisoner in the street on the 11th of November, and asked if he was going to play the fool with me—he said, "Everitt, take that," giving me a 5l. note and a sovereign—I did not see him again till the Saturday—he told me he did not want any receipt for it, but when he gave me the remainder of the money he would take the delivery order back—on the Saturday week after I went over to Mr. Goss's on purpose to see Quinlan—I saw a servant girl outside the house, she went in, and called Quinlan out—when he came out he told me Mr. Goss was settling with the captain, and asked what house I frequented—I said, "The Bell, Tower-street," where he promised to meet me at eight o'clock, but he did not, and I walked over, and waited outside Mr. Goss's—(I expected Mr. Goss had taken the hogshead, till my brother went over)—I did not see Mr. Goss on the busi-ness till after Quinlan refused to pay me the remainder—the prisoner had said, "We have taken the hogshead of brandy," and he said, "We have shipped it, and given bond," or something similar to that—he did not say how it was to be turned into money, I expected that it was laying in the Docks, as I had the delivery order—I afterwards saw Mr. Goss about it.
Cross-examined. Q. Did you not tell Quinlan you would go and see
Mr. Goss, and did not he tell you you might do to, and be d—? A. He did.
WILLIAM WILLIAMS (City police-constable, No. 503.) I took Quinlan into custody, and found on him the account produced, among other papers in a pocket-book in his pocket, on the 27th of November—I also found two empty bladders in his pocket.
MR. GOSS (re-examined.) Quinlan never communicated to me any application on the part of Everitt respecting this hogshead of brandy—I never authorised him to consent to give money instead of brandy—I knew nothing of it—Everitt was the first person who told me of this.
(The bond was here read)
WILLIAM RICHARD BROWNE re-examined. We take no notice at the Custom-house of the transfer of goods, that is done at the Docks—they bring me the bond filled up, with what they call a warrant, which I mark when the bond is signed—we have no control over the shipper—we take no notice of the party in whose name the brandy is entered—we do not require in our department the party to prove his title to the goods—we have evidence from the warrant that Brown is the party in whose name the goods are entered—the warrant is filed at the Custom-house, and on that a cocket is granted—the name in the warrant and bond must correspond.
MR. PHILLIPS. Q. A warrant is produced before you give this? A. It is produced with it—the warrant is made out by the party producing the bond-note—it is sent by me to the collector's office—there is a check both from the bond and warrant—I should not allow a bond to be made out in any name not in the warrant.
MR. GOSS re-examined. Q. On this order for delivery to Everitt is a signature purporting to be yours? A. Yes—when I gave that the brandy had been transferred into my name by the importer, and stood in my name when I gave Everitt the order—Brown's name is in the export bond—any body can have a bond for exportation of goods, if they insert in the bond-note the name of the importer, whose name was Howe—Brown jointly gives bond for the shipment outward—I knew no such person—I inquired at No. 7, Tooley-street, but never could find such a person had lived there—I knew there was such a person as Thornhill—did not find him at the address given—I believe the signature to the bond to be his—he is now in Newgate—the brandy must have stood in my name, that order never having been lodged.
NOT GUILTY .
MR. BODKIN conducted the Prosecution.
JOHN JENNINGS . I am at present in Newgate—I was taken up on this charge—I know the prisoner Thornhill—he was a clerk to Ilowden and Ainslie, ship-brokers—some time at the beginning of November or latter end of October, I am not certain which, he told me there was a hogshead of brandy to be shipped on board the brig James, on speculation, and that it was to be shipped from Mr. Goss's stock—I said I would ship it—I agreed to it—he told me to put in a bond at the Custom-house, and he would sign the security—I put in the bond, and made out the papers at the Custom-house—I signed the bond in the name of John Jennings—I was not present when Thornhill signed it—this is the bond I signed—(looking at one)—the
name William Thornhill was on it then, and I believe it is the prisoner Thornhill's hand-writing—I never saw him write, but I have seen his writing since—the address given is 3, Mark-lane—he did not live there—I do not know his residence, it was somewhere in Stepney, but I do not know whereabouts—I got a blank delivery order out of Mr. Goss's office, and filled it up in the office—that was before the bond was executed—I took that to the docks—this address, "3, Mark-lane," was filled up by the clerks in the long-room at the Custom-house, in pursuance of directions which I gave, Thornhill desired me to give that address—this is the order I filled up—it was signed by Mr. Goss, and left in blank at his counting-house—here is written, "To be shipped on board the brig James, Captain Small, for Bar-badoes"—there is no person mentioned as the shipper—after executing the bond, I passed the cocket and went through the necessary steps for shipping the brandy—I took the papers and passed the cocket at the long-room in the Custom-house—I then took them down to the warehouse keeper's office, at the London Docks, and got the cocket, the bill, and the locker's order, (which I made out there,) fully signed—the bill is a copy of the cocket—the locker's order is a blank form which I filled up at the Docks—I then took the papers to the searcher's, and got the locker's order signed—I then took the locker's order down to the Custom-house locker for delivery and told Mr. Webb (the London Dock Company's delivery foreman) to ship it on board the brig James—it was shipped, and the ship has sailed with it—Thornhill did not appear at all in the whole of these proceedings after the bond was signed—he has been on board the ship several times with me—the captain's name is Small—nothing was said to the captain about this brandy in my presence—Thornhill told me that the captain would not give his share towards purchasing it, because there was no invoice produced—the captain thought it was to be purchased, because there was no invoice—Thornhill told me he would take it all upon himself—he promised to bring forward the money to pay for it, and made several appointments to do so, but be never kept the appointments—he got a bill of lading and got the captain to sign it—I did not see the captain sign it, but I saw the captain's name to it when in Thornhill's possession—this is the bill of lading—I cannot say in whose hand-writing it is filled up—I do not know that it is in Thornhill's—it is not in mine—Thornhill said he would take it to Mr. Montefiore and get an advance of 8l. on it—I have seen QuinIan on board the vessel—he was my fellow clerk—he had nothing to do with this brandy till some time afterwards, when he was told it was shipped from Mr. Goss's stock—he then tried to get the bill of lading back from Thornhill, or get Thornhill to bring the money to pay for it—I was present—I cannot tell when that was—it was already in the vessel before Quinlan had anything to do with it.
Cross-examined by MR. CLARKSON. Q. How long has Mr. Goss had the advantage of your services? A. I have been with him about eight years—I first became acquainted with Thornhill about six months since—I cannot tell in what month I first knew him—I knew him in August—I cannot say whether I did in July—he was in the service of How-den and Ainslie, shipbrokers, carrying on a large business—I believe his uncle is a merchant in London—I do not know whether he lives in Mark-lane—I asked Thornhill what address I should put in, and he said, "3, Mark-lane"—I should have put in any address he told me—I did not think it necessary to put a false address—this "John Jennings, Trinity-square," is myself—I do not live there—I believe every paper in these
proceedings, except the bill of lading, is in my hand-writing—I believe I was charged before the Lord Mayor with being the thief principally concerned—application was made to admit me as a witness, which the Lord Mayor refused; Mr. Bodkin appeared for me—while I was in the dock, I heard Mr. Montefiore state in the witness box, that he had advanced 8l. on the bill of lading—I also heard it stated that the bond was executed in a false address—I do not recollect representing this brandy to have been purchased of a Mr. Howe, of Mark-lane—I represented so to a man named Bowen—I did not do so to Thornhill, that I am aware of—I will not swear I did not—I did not go to the captain of the James, and ask him to advance me 5l. on the brandy—I never asked any one for an advance on it—I asked Thornhill whether he had got it—I do not recollect asking the captain in the presence of Gardener, an officer, to advance me 5l. on it, and stating that it had been purchased of Mr. Howe—I will not swear that I never did make such a statement—I lived at Bow at that time—the conversation which I had with Thornhill at the latter end of October or beginning of November, was at the London Docks—no one was present at that conversation—we were going down on board the James at the time—I knew Thornhill at that time—he began the conversation by asking me if I would join him in a speculation of a hogshead of brandy—I said I would—we went on board the brig James, and agreed with the captain for him to take one-third of it—when we came ashore again, Thornhill asked me if I could not ship it from Mr. Goss's stock, he said I could manage it some way or other—I then agreed to ship it on board—Thornhill then told me about putting the bond in, and said he would sign the security—I knew that that must be necessary, that was my department—I ttten set about putting the bond in—all this conversation occurred on one day—I cannot remember the day of the week—I believe it was either the latter end of October or beginning of November, but I cannot say which—it was not in September—I went on board the James several times—I do not remember when the first time was—I cannot give the date of any of these transactions—I think I saw the captain about a week before I got the delivery order—it was after I had got the brandy that I told Bowen I had got it of Howe—Bowen was not present at the conversation at the London Docks—he was present at a coffee-shop about a fortnight after that conversation, with several others, I can-not say who—Thornhill was there—I stated on that occasion to Bowen and Thornhill, that I had got it of Howe, and that the brandy in the last case, I had purchased of Everitt.
COURT. Q. Thornhill knew perfectly well you had not got it from Howe? A. Yes, he knew perfectly well that it came from Mr. Goss's stock—he had previously asked me.
MR. CLARKSON. Q. Then why tell him you got it of Mr. Howe? A. Because Bowen was present—I did not tell him so afterwards, when Bowen was not present—I told Bowen so because he wanted to know whether it was shipped from Mr. Goss's stock or not—he is clerk to Mazetti's—I have known him three or four years—he introduced me to Thornhill—no one was in my company or shared in the transaction of getting the brandy out of the bonded warehouse but myself—I was never concerned in smuggling brandy with the exception of the hogshead that was bought of Mr. Everitt—that was intended to be smuggled, to be got without paying the duty—this hogshead of brandy was not to be smuggled, it was agreed to be had on speculation between the captain, myself,
and Thornhill—the captain was to have paid one-third, his share, and Thornhill was to have given me half of that—the captain was to pay that to Thornhill, and half of that Thornhill was to hand over to me—when the remittance came over of the profits on the brandy, that was to be divided between Thornhill and myself—that was agreed at the time it was shipped—I believe this is the first time I ever made that statement—I never made it to the gentleman conducting this prosecution.
COURT. Q. How were you to get hold of the remittance? A. The captain had the selling of it abroad, and he was to remit home to Thornhill.
MR. CLARKSON. Q. Where was that arranged? A. With the captain, at the time we agreed sending it out on speculation—I never mentioned that before—Thornhill afterwards, when he found the captain would not pay his share, got a bill of lading signed, and consigned it to the house of Montefiore—that was stated in Court while I was a prisoner—I made an entry in my master's books of the sale of this brandy—that was stated by the prosecutor while I was a prisoner, and that I had subdivided it into a variety of quantities, as if supplied to a variety of customers—nobody told me to do that—on going home from the coffee-shop at night, I remember Quinlan discovering that this brandy in the ship belonged to Mr. Goes—I cannot tell that date—I do not remember Quinlan stating that to Thornhill—Thornhill did not tax me with it on the spot, and charge me with having deceived him—Quinlan asked me if I had shipped it from Mr. Goss's stock—I said I had—he did not tell me he had discovered I had done so—he told me afterwards that Bowen had searched the dock books and found out il was Mr. Goss's brandy—I do not think it was in that same conversation—I will not swear it was not—he told me in Thornhill's presence that Bowen had been down to the Docks and had seen that it was Mr. Goss's brandy, and Bowen came up and told Quinlan of it, and Quinlan went to Thornhill and told Thornhill that he must deliver up the bill of lading, or pay the money down—Thornhill told me he would bring me his proportion of the money the following morning, and it must be paid for—that was on the same day, I think—I met him next morning at a public-house in John-street, Minories, at his instance, for the purpose of receiving the money—he said he was not able to raise it—this bond was signed by Thornhill before I signed it—I am very much accustomed to business in the Custom-house—the two false addresses are in my handwriting—Thornhill was admitted to bail several times in the course of the examinations, and has surrendered to-day—this is the delivery order—the name of Howe on all the papers is in my hand-writing—their name appears as the importers, not the vendors.
MR. BODKIN. Q. How long was Thornhill acquainted with the fact of this being Mr. Goss's brandy, before any thing was said about paying for it? A. He knew it before it was shipped—he said nothing about paying for it till it was found out that Quinlan and Bowen had discovered it was Mr. Goss's brandy—he knew it was Mr. Goss's before the bond was executed.
WILLIAM RICHARD BROWN . I hold an office in the Custom-house. I have produced this bond from there—I am the subscribing witness to it—it was executed, I should apprehend, the same day it bears date—I remember Jennings's person very well, and Thornhill has been in the habit of coming to the office occasionally—I have a particular reason for recollecting
that Jennings is the person who signed it, for I had a suspicion at the time that he was not of age, and I therefore requested the clerk to leave it—there is nothing which enables me to recollect the person of the other party—I do not know Thornhill's hand-writing.
Cross-examined. Q. I believe that the execution of these bonds in the Custom-house are carried on to a very great extent, are they not? A. Very heavy—they are always prepared beforehand by instructions given by the parties, and then they are signed as rapidly as possible—they are never read over to the persons who sign them—I may have one hundred and sixty bonds a day—I cannot recollect whether the bond was executed when Jennings came, whether Jennings executed it first or not, I cannot recollect—I cannot say whether Thornbill is known at the Custom-house—I did not know him—I have seen his face there once or twice, not more—it is not my custom to see the persons signing the bonds—one of my clerks is appointed for that purpose—he is not here now—he was here on the other case, but it gone away—it is not my office personally to come in contact with applicants for bonds—I attend in the long-room—I take the bonds in at the time they are presented, and hand them over to the clerk—I cannot tell whether any of the articles stated in this bond were the subject of transfer, by the bond—it is impossible for me to say—bonds an constantly filled up for things never transferred by them, and many times for things that are never shipped, but we know nothing at all about the contents—it is frequently the custom for merchants' clerks to sign these bonds for their masters in their own name, not as sureties, but as shippers—I do not believe it is a common thing to pick up a man in the long-room and say, "Just subscribe a bond for me"—I should not take it if I knew it—it is part of my business to be satisfied with the security—John Jennings is the shipper named in this bond—I nave nothing to do with the shipper—I did not ask Thornhill any thing, aa I had seen him before, and he had signed bonds before—I believe only one, not more—I should not have known him again if I saw him, but I had his name to a bond, which I have in my pocket—I do not say he is the man from knowing his person, because I did not know him when I saw him at the Mansion-house—I occasionally examine the security, not always—I do not recollect asking Thornhill a question—I believe I did not.
COURT. Q. What do you call examining the security, if you never asked a question? A. If I have any suspicion on the subject, I always ask a question.
Q. What was there about Thornhill that divested you of all suspicion, if you knew nothing about him?—what benefit does Government get in taking a bond, if they get it from two people of straw? A. I cannot help that—the Act of Parliament gives roe no option at all—I am bound to take them as the exporter and shipper—the person presents himself as the owner, and brings a bond-note and a warrant which he makes out himself—my clerk sees the bond executed, and I sign these bond-notes for delivery—the bond alone would not get the property out of the Custom-house—there must be a delivery order, and other documents—the bond-note states this brandy to be bonded by Howes—before the goods are actually released, a title must be traced from the original importer—I assume that the persons applying have that authority, and if it turned out otherwise, they would meet with their check at the Docks—we generally know the parties pretty well who come.
JAMES GOSS . I am a provision-merchant in the Minories. I have seen Thornhill in company with Quinlan, not with Jennings—Quinlan and Jennings were my clerks—Jennings transacted my dock business—in November last, I had a hogshead of brandy in the London Docks, number 10, and marked with a double triangle, which I purchased of W. H. Howes—I had a delivery order from them on making the purchase—I then went to the Docks and had it transferred—the brandy then stood in the Dock books in my name, and any person would receive it that had a delivery order signed by me—I was in the habit of leaving delivery orders in blank signed in my counting-house—this is one of them—I never authorized the filling up of it, or the delivery of the hogshead of brandy, to which it relates—it is filled up in Jennings's band-writing—it is written off in my books in a retail way, as if sent on board different vessels—I never had any dealings with Captain Small of the brig James—I never saw him, and never supplied the ship with an article—the addresses to the names of Jennings and Thornhill in this bond are both false—I applied at No. 3, Mark-lane, myself, which is a baker's shop, and I sent my clerk to inquire at Trinity-square—I have seen Thornhill write, it was when he gave me an order to go to Mr. Montcfiore's clerk to get the bill of lading, without making it known to Mr. Montefiore—that was after this matter had become the subject of a charge—here is the order—I saw him write it—(reads)—"To Mr. Reeves, 147, Leadenhall-street.—Dear Sir,—Please give the bearer the bill of Jading for the hogshead of brandy. Yours truly, Wm. Thornhill, 110, Fenchurch-street. 10th November, 1840."—I believe Mr. Reeve is clerk to Mr. Montefiore—Jennings was the first person I spoke to when I discovered this robbery—he then made a communication to me.
Cross-examined. Q. Had you taken Jennings into custody before you went to Thornhill? A. Yes—he did not make any communication to me till after I had taken him into custody—I did not allow him to do it—I did not ask him a question—I did not give him into custody till late that evening—I cannot tell the day—it was somewhere about the latter end of November, or beginning of December—I begged him not to say any thing, or any person to hold any conversation with him, till my solicitor came—when my solicitor came he asked him if he wished to disclose any thing, but he would not promise him any discharge for so doing—that was the first that was said about any disclosure—I think I went to Thornhill next day—I do not recollect whether I told him I had taken Jennings—I might have done so—I am not aware that Thornhill asked me whether the brandy was mine—I do not think he did—I swear he did not—I was not exactly clear at the moment, but I am now—I did not reply that it did belong to me, and ask him for the bill of lading—I asked him for the bill of lading after he was in custody at the station—he directly gave me the order to get it—he wrote it at the station—I did not state on that occasion that the brandy was mine, and that all I wanted was my property—I went to No. 23, Mark-lane—I believe I have seen Thornhill's uncle at my counting-house—I do not know him as a merchant.
MR. BODKIN. Q. Did Jennings wish to make a statement? A. I do not know that he did particularly—I told him he had better not make any statement of any transaction, under the impression that he would be discharged for doing so, nothing would be promised him—I impressed that
upon him, and I wished my solicitor to be present—when I went to Thornhill I asked him to give me the bill of lading on which he had got my stolen hogshead of brandy—he hesitated at first, he then said yes, he would, and he took a sheet of paper in the station, and wrote that order—he begged I would take it to Mr. Montefiore's office, but by no means to let Mr. Montefiore know any thing at all about it; to see Mr. Reeves quietly, and he thought Mr. Reeves would give me up the bill of lading—the brandy is worth about 15l. without the duty, which would be 50l. or 60l. more.
JOHN MONTEFIORE . I carry on business as a merchant in the City of London. I received this bill of lading from Thornhill, about the 17th of November—it appears by this that the hogshead of brandy was to be shipped in the brig James, to my house at Barbadoes—I advanced 8l. on that to Thornhill.
Cross-examined. Q. Had you known him for any length of time? A. Two or three years, in the employ of Howden and Ainslie, the ship-brokers, who are constantly sending vessels to my house at Barbadoes—he has been in the habit of calling at my counting-house frequently for three years—he bore an exceedingly good character.
MR. BODKIN. Q. According to the course of business, how would the proceeds of the brandy be remitted to England? A. They would be remitted to me in this country, and handed over to Thornhill by me.
COURT. Q. What would be the selling price of this 15l. cask at Barbadoes? A. It depends on the market on its arrival—it would not fetch 15l.—it is overrated—I advanced the 8l. to oblige Thornhill—I understood it to be his property, and shipped it on his account—I should not have paid the proceeds of the bill of lading unless it was produced to me—there are always two bills of lading—as long as I kept one I should consider myself liable for what the goods sold—I should give the remainder to Thornhill.
NOT GUILTY .
NEW COURT.—Tuesday, January 5th, 1841.
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 24.— Confined Twelve Months.
428. JOHN FOSTER was indicted for stealing, on the 18th of November, 1 bag, value 3d.; 10 sovereigns, and 1 half-sovereign; the property of John Pearson, in a vessel on the navigable river Thames; to which he pleaded
GUILTY . Aged 14.— Transported for Ten Years.
GUILTY . Aged 38.— Confined Six Months.
GUILTY . Aged 17.— Confined Six Months.
MR. CLARKSON conducted the Prosecution.
HENRY SANFORD . My father is a wholesale and retail ironmonger, in Bishopsgate-street Without—his name is Henry—the prisoner was his housekeeper, and had been so about three years—in consequence of information I examined the book which she kept of the goods furnished to the house—in the book kept by Bannister, the butcher, there is a leg of pork and a leg of mutton entered as ordered on the 26th of September—the prisoner was permitted to order the goods for the house, and pay for them—Mary Whitfield came to char for us—in consequence of what I discovered, I asked the prisoner what she had done with the leg of pork and leg of mutton—she said in my presence, and that of the policeman, that she had had them from the butcher's as a wedding present for her daughter, who was going to be married, and she intended to pay for them when she had her wages—I know they have been paid for by my father—here is his cheque which he paid for them—I have the butcher's book, by which I know of the payment of these articles—we paid our butcher's bill at different times, whenever the prisoner came for the money—she came to my father for money after this—I was not present—this cheque of my father's, with the butcher's name at the back, has been given to her—she had no authority from my father, or any one in the house, to part with the goods.
MARY WHITFIELD . I am in the habit of charing at Mr. Sanford's—I know Princes-place, Blackfriars—the prisoner had a son living there—in the month of September her daughter was about to be married, and in that month, by the prisoner's direction, I took a leg of pork and a leg of mutton to Princes-place, from Mr. Sanford's house—the prisoner packed them up in a basket, and covered it over with a tea-cloth, and desired me to take it to her son's in Princes-place, Blackfriars-road—she told me they were intended for her daughter's wedding, which was to take place on the following day.
THOMAS HOBILL . I am in the service of Mr. Bannister, a butcher, in Threadneedle-street. The name across this cheque (looking at it) is in Mr. Bannister's hand-writing—it appears by this book that we sent a leg of pork and a leg of mutton to Mr. Sanford's.
ROBERT DICK (City police-constable, No. 607.) In consequence of information, I took the prisoner—I told her what she was taken for, and without any observation she admitted she had stolen a leg of pork and a leg of mutton, and sent them out of the house to her daughter, that she was very sorry, and when she received her wages she would pay for them.
Cross-examined by MR. PHILLIPS. Q. Who was present when she said this? A. Mr. H. Sanford.
NOT GUILTY .
432. MARY LAMBERT was again indicted for stealing, on the 10th of January, 1 tea-pot, value 18d.; 3 brushes, value 4s.; 1 fish-slice, value 2s.; 1 steel, value 1s. 3d.; 20 knives, value 16s.; 20 forks, value 8s.; 1 paste stamp, value 8d.; 2 rosettes, value 1s.: 1 pair of snuffers, value2s. 6d.; 1 snuffer-tray, value 1s.; and 1 footman, value 1s. 9d.; the goods of Henry Sanford, her master.
MR. CLARKSON conducted the Prosecution.
ROBERT DICK (City police-constable No. 607.) After the prisoner was taken to prison on the former charge on the Monday, I went back to the prosecutor's house and searched her bed-room, and found in the bottom of her box some bone-handled knives and forks, new, and wrapped up in paper just as a cutler would fold them—in a drawer in her bed-room I found three brushes, a plated fish-slice, a butcher's steel, a paste stamp, a pair of snuffers and tray, all enclosed in a piece of carpet, a black-handled knife and fork—under the bed there was a footman wrapped up in paper, just as it would be for sale—there was a private mark on it—I found in a cupboard a tin tea-pot papered up, and a private mark on it, and in another cupboard some ivory-handled knives and forks, as if for sale.
Cross-examined by MR. BALLANTINE. Q. When was this? A. On the 28th of December—she was taken on the 26th—I did not go on the 27th, because it was Sunday, and I could not see Mr. Sanford till Monday, and when I saw him I had an impression that something might be found—I told Mr. Sanford so—I went with him into the room—he was present the whole time—I never made this charge before the Magistrate, as she was committed—she had not been examined on this charge before.
HENRY SANFORD, JUN . I have examined these articles—they are my father's property—some of them bear my own private mark—I can swear to this tea-pot—they are new articles from the shop—she would have no control over them—this fish-slice had been in use a number of years—her bed-room was not the place to keep it.
Cross-examined by MR. BALLANTINE. Q. Do you swear to the brown-paper? A. The mark on it is my private mark—this footman is my father's property, and has his mark—I can swear to this fish-slice—it has been missed two years—we had occasion to have some fish, I asked her for the fish-slice, we could not find it, and a new one was bought—she was in our employ three years, and had the entire control of the property—any thing she wanted from the shop would have been supplied—her room was up stairs—it was occupied by herself alone—there are no other domestic servants in the house—she was the person who generally supplied the house with provisions—there was no other servant—the char-woman did not sleep in her room, to my knowledge—she had no business in her room.
GUILTY . Aged 50.— Confined Twelve Months.
MR. BALLANTINE conducted the Prosecution,
MARY ANN BALDWIN . I am the wife of Frederick Baldwin, and live in Bath-street, City-road. We dealt with Mr. Watson for beer, which the prisoner brought—we always paid for it, as he brought it—on Friday morning, the 18th of December, about ten o'clock, the prisoner brought a pint of porter, for which I paid him 1 1/2 d.—he brought another pint the same day, which I paid him for, and in the evening I paid him 4 1/2 d.—next day he brought a pint of porter, for which I paid him 2 1/4 d.—on the Saturday, at dinner-time, I paid him 3d.—he came to me about four times every day—I was not in debt to Mr. Watson one farthing for beer—the prisoner never
brought me a bill, in which I was charged 2l. odd—on the 21st of December, Mr. Watson came to our house, and waited till the prisoner came with the beer—I paid him 1 1/2 d., and said, "Now, I owe you nothing"—he nodded his head, and said, "Yes"—he was then taken into custody.
ELIZA STREEK . I am bar-maid to the prosecutor. Mr. and Mrs. Baldwin have been customers for some time—on the 18th of December, I sent them some beer by the prisoner—if he received 1 1/2 d. and 4 1/2 d. on the 18th of December, or 3d. on the 19th, he did not account to me for it—it was his duty to do so.
Prisoner. Q. Did I ever pay you any money for Mr. Baldwin? A. Yes, frequently—you paid me 1l. 6s., but that is a long time since—it had no reference to this payment.
WILLIAM WATSON . I keep the Eight Bells public-house, in Ironmonger-row, St. Luke's—the prisoner was in my employ—it was his duty to take beer to Mr. Baldwin's, and immediately to account to me, or to my bar-maid for it—I found Mr. Baldwin owed me between 2l. and 3l., and gave the prisoner a bill—in consequence of not receiving it, I went on the 21st of December to Mr. Baldwin's, and waited till the prisoner came with the beer—he was paid, and Mrs. Baldwin said, "Now I owe you nothing"—he assented to that—I had him taken, and the bill I gave him enclosed in an envelope, was found on him—he had told me when he returned, that Mrs. Baldwin said, Mr. Baldwin was out, and when he came home she would give it to him—he never accounted to me for what was paid him on the 18th or 19th.
JAMES BRANNAN (police-sergeant G 20.) On Monday, the 20th of December, I accompanied Mr. Watson to his house, and took the prisoner—I found on him 10s. 8 1/2 d., and this bill amounting to 2l. 8s. 7 3/4 d.—Mr. Watson gave him into custody for embezzling various sums of money—the prisoner said he unfortunately had lost it—I said, What, on the occasion you received it?—he said, No—I asked him how he came not to deliver the bill—he made no answer—in going from the station to the police-court, he said, "Let him make the best and the worst of it, he can only make a debt of it."
Prisoner's Defence. I was unfortunate to lose money on one or two occasions, and could not pay this money in consequence of customers being in my debt—I was not always paid when I took the beer, sometimes the lodgers would pay and sometimes Mrs. Baldwin; it has been so before, and other bills have been paid, such as 5s. 6d., and 1l. 6s. on one occasion: I have got money owing to me now; in fact, I have lost a great deal.
(There was another indictment against the prisoner.)
GUILTY . Aged 28.— Transported for Fourteen Years.
ARTHUR THOMAS KILBY (City police-constable, No. 213.) On the 24th of December, at twenty minutes to nine o'clock in the evening, I saw the prisoner in Holborn, standing opposite Mr. Burnett's shop—she
took one boot off a hook, looked at it some time, then took the other off. and appeared to be comparing them together—she put them under her right arm, and walked off—I called the prosecutor—we went after her, challenged her with it, and she dropped them.
Prisoners Defence. I have been deserted by my husband three or four years, and have maintained my two children by my own exertions; I have been living at his brother's for the last few weeks, and had a prospect of considerable employment. On the day mentioned, I called on a friend, who gave me some spirits; I felt rather unconscious of what I was doing; I was going to buy a pair of boots for one of my children, and probably took these, not knowing what I was doing.
(The prisoner received a good character.)
GUILTY . Aged 40.— Confined One Month.
JOHN WATSON . I am a stationer, and live at No. 869, Oxford-street. On the 14th of December the prisoner came to my shop, and wished me to purchase several trifling song books of her—I refused to have any thing to do with them—there were several cases of books on my counter—I observed her make a roll against the counter, and give her hand a swing—I went round, felt down her side, but felt nothing—I let her go, and thought nothing further of it till a policeman and a woman came in with this case, containing this prayer-book and church lessons, which had been safe on my counter, and had never been sold.
ANN FULLER . I am single—the prisoner is my sister—her friends have tried all in their power to reclaim her, but all in vain. On the 14th of December she sent for me to take these books—I asked where she got them—she said she had taken them from Mr. Watson's shop—this is the third time of her being tried here and at the Westminster Sessions.
Prisoner. I am sorry it happened.
GUILTY . Aged 38.— Transported for Fourteen Years.
436. HENRY FREDERICK POWELL was indicted for stealing, on the 5th of April, 34 table napkins, value 5l.; 2 decanters, value 1l.; 9 shifts, value 1l.; 2 dishes, value 10s.; 2 goblets, value 10s.; 3 bottles, value 5s.; and 2 tumblers, value 2s.: also, on the 15th of July, 2 shifts, value 8s., the goods of Henry Ward Farrer, his master; to both of which he pleaded
GUILTY . Aged 28.— Confined Six Months.
437. SOPHIA COOPER was indicted for stealing, on the 22nd of December, 1 pair of shoes, value 3s. 6d.; 8 yards of domett, value 6s.; 4 handkerchiefs, value 5s.; 1 shawl, value 1s.; 1 night-gown, value 2s.;1 shift, value 2s. 6d.; and 2 rings, value 7s.; the goods of Julia Hyman, her mistress: to which she pleaded
GUILTY . Aged 24.— Transported for Seven Years.
GUILTY .* Aged 18.— Transported for Seven Years.
439. JOHN DONOVAN was indicted for stealing, on the 23rd of December, 1 hat, value 1s. 6d.; 1/4 lb. weight of beef, value 2d.; 1lb. weight of bread, value 2d.; and 1 canvass bag, value 2d.; the goods of John Turner: to which he pleaded
GUILTY . Aged 22.— Confined Three Months.
GEORGE COLE . I live with William Clements. On the 19th of December, he sent me with a leg of pork in a basket to No. 8, Pearson-street—I met the prisoner in Weymouth-terrace—he pointed to a door, and asked me to look what number that was—I got upon the steps to look at the number, and while doing so, he snatched the pork out of my basket, and ran down Weymouth-terrace with it—I followed, crying "Stop thief"—he ran back then, and up Brunswick-street, and the policeman got him—I am sure he is the same person.
GEORGE CUSHION . I was returning home, and just as I got down Weymouth-terrace I heard a cry of "Stop thief"—I turned, and saw the prisoner running towards me—I pursued and took him in the Hackney-road at the top of Brunswick-street—I did not see the pork till a gentleman handed it to me.
THOMAS ELKINS . I was passing the end of Brunswick-street on the evening of the 19th, and heard a cry of "Stop thief"—I saw the prisoner running, and in crossing the path he stumbled—on looking round I saw a hand of pork, which I took up and handed to Mr. Cushion.
Prisoner's Defence. I had just left off work, and hearing the cry of "Stop thief" I ran, and they stopped me.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy .— Confined Two Months.
ROBERT PURSER . I am a pawnbroker, and live in Limehouse-causeway, near the prosecutor's. On the 24th of December the prisoner brought this frock to pledge—I found a private mark on it, which 1 thought was Mr. Nathan's; I detained him, sent for an officer, and sent the prisoner and the frock to the prosecutor's.
Cross-examined by MR. BALLANTINE. Q. Had he had any thing to drink? A. I think not.
Cross-examined. Q. Are you quite sure he said any thing about Mr. Nathan's shop? A. Yes—I told the Magistrate so—this is my deposition—what I stated was read over to me, and I signed it.
BENJAMIN LING . I am in the employ of Mr. Nathan, a pawnbroker. This frock is his—we did not miss it till the policeman brought it and the prisoner to the shop—I then missed it from a shelf, where I had seen it two hours before—it must have been taken from within the shop.
Cross-examined. Q. Had you noticed it particularly? A. Yes—it is a very remarkable frock indeed—there was no other frock on the shelf—there is a private mark on it, and it would not be so if it was sold.
(The prisoner received a good character.)
GUILTY. Aged 13.—Recommended to mercy.— Whipped and discharged.
WILLIAM RICHARD LAVERS . I live with Philip Speyer, a tailor, in High Holborn. About nine o'clock in the evening of the 18th of December my attention was called to something which was wanted, and I missed this buckskin—next evening the policeman brought it to the shop—this is it—it is my master's, and the piece I missed.
WILLIAM HORSNELL (police-constable G 172.) I fell in with the prisoner on the 18th of December, a little before eight o'clock, on Saffron-hill—he went to Field-lane, then to West-street, and then to a soup-shop—I saw him hand this piece of cloth to one of the waiters—I went in, and the waiter handed it back to the prisoner, who chucked it on or under the seat—I said, "What have you got in your pocket?"—he said, "Nothing"—I said, "What have you done with that piece of cloth?"—he said, "What piece?"—I said, "Get up," and it was under him—he said he had just bought it outside, of a man who sold braces—he afterwards said he bought it of a man, about six o'clock that evening—I found no owner for it, and he was let go—I afterwards found the owner, and took him again.
Prisoner's Defence. I bought it.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Three Months.
JOHN OAKLET . I am a grocer, and live in Piccadilly—I have three other partners. The prisoner has been our porter for some time—on the 24th of December a box was produced to me, containing 6lbs. of raisins, and a ham—I believe the ham to be mine—I had had eighteen sample boxes of raisins sent the day before, and put into the warehouse—I did not miss this box till the prisoner was brought in custody by a policeman—he said the raisins and ham were given him by a person named James, in our employ—each of the sample boxes had a particular mark on them—this has that mark, and I have no doubt it is mine.
Cross-examined by MR. PAYNE. Q. How many years has the prisoner been in your employ? A. Seven—he came into our employ when about eleven years of age—James was chiefly concerned with the cart—he has absconded—he is twenty-five or twenty-six years old—the prisoner worked in our employ till about half-past eleven o'clock on the night of the 23rd, and then he would have to go home to where his mother was—Mr. Webb
is not here—he is in the wine department, and has generally nothing to do with the grocery department—he attended before the Magistrate, and was not considered necessary here.
COURT. Q. Would the prisoner, as porter, know that this box was your property? A. I should say, decidedly, he would, and must have known that the person who he says gave it him, had no kind of authority to do so.
WILLIAM SMITH . I am a policeman. I was on duty in Museum-street, at a quarter past twelve o'clock in the night, and saw the prisoner coming up the street on the opposite side, carrying under his arm a parcel wrapped in a bag—I crossed, and asked what he had got—he said, "A box of raisins"—I asked where he was going to take them—he said, "To No. 26, Bedford-place"—I said I thought it was a late hour for goods to be sent home—he said their house worked very late, and he bad got to take them home, as he lived that way—I said, "You will have no objection to my going there"—he said, "No"—I went with him towards Bedford-place, and met a policeman, who I asked if he knew who lived at No. 26, Bedford-place—he said, Mr. Gibbs, but he was not living there now, but the house was taken care of by the prisoner's mother, and the prisoner lived there with her—I went there, and then took him to the station—I then went to the prosecutor's, and afterwards took the prisoner there—he said it was given him by James, the carman, and he was going to take it to the wine-man's.
Cross-examined. Q. Did not King, the other policeman, know the prisoner? A. Yes—the prisoner told me he brought them from Fortman and Mason's—I do not recollect his saying he was to take it to Webb—he said, to the wine-man.
(The prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy .— Confined Three Months.
OLD COURT.—Wednesday, January 6th, 1841.
Third Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 34.— Transported for Seven Years.
445. JANE BOWIE was indicted for stealing, on the 26th of December, 1 shawl, value 8l., the goods of the Lady Elizabeth Cornwallis, in the dwelling-house of Louisa Dowager Marchioness Cornwallis: also on the 26th of December, 1 printed book, value 1s. 6d.; the goods of the Lady Elizabeth Cornwallis: to both of which she pleaded
GUILTY . Aged 48.— Transported for Ten Years.
446. ROBERT EVANS was indicted for feloniously forging and uttering a receipt for the payment of money, with intent to defraud Frederick Mansell Reynolds: also, for stealing 6 spoons, 1 pair of sugar-tongs, and 1 coat, value 9l.; the goods of Thomas Mansell Reynolds, in his dwelling-house; to both of which he pleaded
GUILTY . Aged 31.— Transported for Fifteen Years.
Before Mr. Justice Coleridge.
447. JAMES FIELDGATE PORTER was indicted for feloniouslyand knowingly uttering, on the 11th of December, a certain forged order, with intent to defraud the Governor and Company of the Bank of England.—2 other COUNTS, varying the manner of laying the charge.
ROBERT CURTIS . I am a clerk in the private drawing-office, at the Bank of England. On the 11th of December, about half-past four o'clock in the afternoon the prisoner presented the cheque now produced, for 380l., signed, "Sundrius and Penrucker," who keep cash at the Bank—I asked him in what way he would receive it—he said he would have 200l. in sovereigns, and 180l. in small notes—entertaining some doubt, I compared the signature on the cheque with our signature-book, and not being satisfied, I referred the cheque to Mr. Palmer, who left, to go to the counting-house of Sundrius and Co.—I returned to my desk, and the prisoner was standing before me—I said, "I must trouble you to wait a minute or two"—I gave no reason, but the clerk standing by, knowing I had not 200 sovereigns in my drawer, said, in the prisoner's hearing, "You will want 200l. in gold, I will go and get it for you"—the prisoner then turned his back to me, and remained in that position, leaning on the counter, till Mr. Palmer returned, which was within five or six minutes, with Tyrrell, an officer, and immediately gave him in charge—nothing more passed between me and the prisoner.
JAMES PALMER . I am a clerk in the drawing-office—the cheque produced was presented on the 11th of December—I received it from Mr. Curtis, compared it with the firm-book, and then took it to Messrs. Sundrius and Co.—I saw Mr. Penrucker—I returned to the Bank with the cheque—I was absent five or six minutes—found the prisoner there, and I asked Curtis where the party was who had presented the cheque—he pointed him out to me—I gave him into custody of Tyrrell, the Bank officer—I afterwards asked him how he came by the cheque—he said one Brett gave it to him, that he met Brett in the street, and he asked him to get him the money—he did not say when he met him, or who he was—he laid he was to take the money to Brett, at a public-house in St. George's-fields—I never heard him name the house.
Cross-examined by MR. CLARKSON. Q. Did he not say the public-house was in St. George's-fields, opposite where Brett's brother lived? A. Yes, I did not go there.
WILLIAM BRAND . I am one of the City marshalmen. On the 11th of December I was sent for to the Bank, where I saw the prisoner—I was informed he had offered a forged cheque—I put some questions to him, which I considered leading and necessary—he said he had the cheque from a young man named Brett—I asked who he was—he said he was a young man over the water, in the Westminster-road, that he was to meet him again at the public-house with the money, if he got it—I was proceeding to search him, and he said Brett had given him a book, to keep the cheque clean—I found a pocket-book upon him, which he said was the book—I found a canvass bag upon him, which he said he also had from Brett to carry the cash—I asked who Brett was—he said he was a young man at a public-house opposite Brett's brother, which proves to be the Fountain, and he was to meet him at that public-house—we took him over the water in a cab, to the public-house where he was to meet Brett—we got there, I should think, about four o'clock in the afternoon
I made inquiry of the publican, but did not find Brett there—I waited there a considerable time with the prisoner, then went across the way, where they said Brett's brother lived, leaving the prisoner with an officer—I then took the prisoner to the Compter.
Q. Do you recollect whether it was dark or light when you got to the Westminster-road? A. Daylight—it might be more than four o'clock.
Cross-examined. Q. You do not know the time? A. Not to a quarter of an hour—he did not entreat me to take him to the public-house, to point out the man—I do not know that he did solicit us—I told him that it was necessary to take him there—I do not recollect a single thing of his soliciting—he might have asked us, but not to my knowledge.
COURT. Q. Do you mean to say he used the words, "If he got the money?" A. I believe I can undertake to say he said so, or words to that effect—the impression was, if he obtained the property he was to meet Brett—the substance was, if he obtained the money he was to meet him—several gentlemen in the office were present when he said this—Forrester had not come—I believe there were four or five in the office.
JOHN FORRESTER . I am a City officer stationed at the Mansion-house. On the 11th of December I went to the Bank, and took the prisoner in charge—he said he had received the cheque from a young man named Brett—that he was to come to the Bank of England, get the money, and take it over to the public-house—he could not tell the sign exactly, but it was somewhere near the Westminster-road, leading from the Elephant and Castle, but if the gentlemen of the Bank would allow us to go with him, he would show us the house—we got a coach, and went into St. George's-road, and drew up just before we got to the door of the Fountain public-house—the prisoner bad told the coachman which way to turn—the prisoner, Brand, I, and Tyrrell went into the bar—the landlord was there—I said in the prisoner's bearing, "Is young Brett here?"—the landlord said, "He is not in now, but I dare say he will be here presently"—I stopped for about an hour, then took the prisoner back to the Compter—he stated, in the course of conversation, that he had known Brett a long while, and I rather think he said he went to school with him—he said he had been in the habit of using that house, that he had been there with Brett five or six times—he just nodded to the landlord while we were there, ana I believe said, "How do you do?"—he certainly knew him—after leaving the prisoner at the Compter I went over the water again, and stopped at the Fountain till near three o'clock in the morning—Brett did not come—the prisoner said he himself lived with his mother at New Feckham, that he was formerly a clerk to a gentleman on Fish-street-hill, and had been out of employ nearly twelve months—he said he was particularly intimate with Brett, that they were together the evening before, slept at the house on the former night of the 10th, and breakfasted together that morning, the 11th—that Brett said he lived with his brother opposite—I did not find his brother there.
Cross-examined. Q. Did he appear desirous of giving you every information for the purpose of finding Brett? A. He certainly did—his object in going over the water was to take Brett—Brand was present when he asked to be taken over the water.
JAMES TYRRELL . I am an officer of the Bank. I was called by Mr. Palmer, who charged the prisoner with tendering a forged cheque—he turned, and seeing me, said, "If it is, I am led into it innocently; it was given to me by a person named Brett"—I then took him into another
room—he said, "I hope some one will be sent with me immediately to the London-road, or the road leading from the Elephant and Castle to Westminster-bridge"—he did not seem exactly to know the name of the road—he said he hoped his mother would not hear of his situation—Brand came and searched him, and in a short time Forrester came—I went over the water with them.
MR. SUNDRIUS. I am in partnership with Mr. Penrucker, as ship-insurance brokers, No. 76, Cornhill. The signature to this cheque is not the hand-writing of myself or partner—I do not know the handwriting of the body—we formerly had a clerk named Brett—he absented himself from us in October, about the 15th.
COURT. Q. In what situation was he? A. He took an active part, principally in the Custom-house, and was about twenty-one years old—he had 70l. a year.
JOSEPH PENRUCKER . I am in partnership with Mr. Sundrius. The signature to this cheque is not mine—we have no other partner—I do not know the hand-writing of the body of the cheque—Brett absented himself on the 15th of October—nobody had authority to use our signature—we have had an account with the Bank upwards of twenty years—it is the practice of the Bank to pay only their own printed cheques—they are all delivered out numbered—we missed a cheque on the 23rd of October—we make no use of the margins of cheques, but on looking over a drawer I have found the book from which this cheque had been abstracted, and produce it—here is the place it has been taken from—the whole has been taken out—I know this is the cheque, because we enter the numbers of our cheques in a rough cash-book, and can account for the numbers of the other cheques—when I came to this part I found a number gone, and under the circumstance of a clerk having left, we gave notice to the Bank—we did not dismiss Brett, he absented himself.
NOT GUILTY .
Before Mr. Baron Rolfe.
448. WILLIAM JOHNSON was indicted for feloniously and knowingly uttering, on the 19th of December, a certain forged order, with intent to defraud George Stone and others.—Other COUNTS, varying the manner of laying the charge.
MESSRS. BODKIN and DOANE conducted the Prosecution.
EDWARD SEWELL . I am a hatter, and live in New Bond-street I knew the prisoner, as having been in the service of Captain Charritie of Norton-street. On Friday evening, the 18th of December, the prisoner came to my shop to pay me for a hat he owed me for—he offered me a cheque for ten guineas—it was very similar to the one now produced, but I am not positive of it—I had not sufficient change—he said he would call the following evening, and left—I did not send him to the banker's the next day, nor did I detain any body at my shop from Captain Charritie.
WILLIAM THOMPSON . I am cashier at Martin, Stone, and Co., bankers, Lombard-street—George Stone and five others constitute the firm. Captain Charritie kept cash at our house. On Saturday morning, the 19th of December, a person brought this cheque for payment—I did not notice him particularly, and cannot swear to him, but he was detained—he put the cheque into my hands—I asked where he got it—he said he came down in a cab from Bond-street to ascertain if it was a good cheque, as a man was in custody at the hatter's, where he wanted to have it changed, and that the
hatter had sent him to our house—I saw the moment I had the cheque it was not genuine—I asked him to go into the private room, where he was detained till Forrester came and took him away in a cab.
DANIEL FORRESTER . I was sent for to Martin, Stone, and Co.'s banking-house, and found the prisoner in the private room—this cheque was before some gentlemen—I asked the prisoner his name—he said, "William Johnson," that he lived with Mr. Sewell, a hatter's, No. 9, New Bond-street; that the servant of Captain Charritie had tendered this cheque to Mr. Sewell in payment for a hat, and Mr. Sewell had detained the servant, and sent him with the cheque—I asked how he knew it was Captain Charritie's servant—he said, "I have been with him," or "to him with a hat," I do not know which—I then took him in a cab to Mr. Sewell's, No. 9, New Bond-street, and ascertained that no person was detained there—I took him into the house, searched him, and took him in the same cab to the Compter—I observed him fumbling in his pocket, which induced me to search the cab, and I found this paper at the bottom of the cab, on the side he bad sat—it is a similar form to the cheque.
JOHN CHARRITIE . I live in Upper Norton-street, Marylebone, and was formerly a captain in the East India Company's service. I kept an account at Stone and Martin's—this cheque is not written by me, nor by my authority—the prisoner was in my service for about six months, and left about three months ago—I have not seen him later than a month after he left—I may most probably have paid bills through him by a cheque, but am not certain—I deal with Mr. Sewell.
Prisoner. Q. I believe you can speak to my character? A. I received an excellent character with him—I found him honest and well conducted.
Prisoner. I throw myself on the mercy of the Court.
GUILTY . Aged 23.— Transported for Ten Years.
Before Mr. Justice Coleridge.
MESSRS. BODKIN and DOANE conducted the Prosecution.
WILLIAM PENNEY . I am a police-inspector of G division. On the 29th of December I went, in company with Redman, Farrow, and Humphreys, to No. 3, Church-street, St. Giles's, and found the street-door open, I went up to the first floor front-room, which I found locked inside—I forced it open, and saw the prisoner Wicks sitting on a bed, quite close to a large clear fire—Perkins was standing up by the fire with a mould in his left hand, and a saucepan full of hot metal in his right hand—he dropped both—Wicks called out, "Jem, you b—r, break it, you b—r, smash it"—Perkins had the mould under his feet at the time, and ground it to powder, except a few bits, which went right and left of his feet—on the fire was a small pot, red hot, without a handle, nearly full of white metal in a liquid state—I took it off—it was hot, and I dropped it on the ashes—both the prisoners kicked it under the bed—I took it up, and produce the contents, which were strewed about—I afterwards lifted up a loose board on the landing, just outside the door, and found a mould there for a half-crown of George III.—Perkins said it was not his, and he knew nothing about it—
Perkins. Q. Is not the other room nearer to the place the mould was, than mine? A. There is a room on the same landing as near, but
not nearer—your door was locked—I tried to open it—you said yourself, I must have given it a fine kick, for the staple was in such a way.
HENRY REDMAN . I am a policeman. I accompanied Penney to the house—the room door was fastened inside—I did not hear the prisoner make any remark about the staple—I saw the door tried before it was forced, and we were obliged to make a regular rush before it opened—I found Perkins standing by the fire, and Wicks sitting on a bedstead close to the fire—Perkins let something fall from his hand like a white mould—he put his foot on it before I could get hold of it—I saw the pot of white metal—an iron spoon fell from Perkins—it was quite hot—I found some white metal in the cinders, and a counterfeit shilling, quite hot, which I produce—I found part of a Britannia-metal spoon on a table near the fire-place—on the mantel-piece was an old pair of scissors—I saw Penney take the pot from the fire—I picked part of it up from under the bed—it was still hot—both the prisoners attempted to kick it, and Wicks called to Jem to break it.
BENJAMIN FARROW (police-constable G 200.) I went with the other officers—I picked up part of a mould in front of the fire-place, on the floor—there were four or five pieces of a mould there—there was an impression on only one piece—a great deal was crushed to powder—on a shelf on the right hand of the fire-place I found a quantity of plaster-of-Paris in brown paper, and on the same shelf a cake of white metal, cold, which had been melted.
RICHARD LANGLEY . The house the officers went to belongs to me—I let it out—I let the front room, first-floor, about eight months ago, to a young woman who gave the name, of "Perkins"—she lived there with the prisoner, as her husband—he has paid me the rent about half a dozen times—I let it at 7d. a-night, to be paid every night—I generally send over for the rent, but sometimes Mrs. Perkins brought it—Wicks is an acquaintance of Mrs. Perkins's—I have seen them a great deal together—I have seen her in the room with both Perkins and his wife.
Perkins. Q. Was there a lock on my room? A. There was a bolt and latch on every room—the board which was taken up is rather nearer to your room than the other, I think, if there is any difference—the end of the board comes against the front room door—any thing could be put there without going into your room—one Smith lived in the back room—I believe he removed there a day or two after the officers came.
JOHN FIELD . I am inspector of counterfeit coin to the Mint—(examining the articles produced)—here are two or three small pieces of plaster-of-Paris, which I believe have formed part of a mould—on one piece I find a small part of what I believe to be the impression of the dex-ter part of the shield, the three lions, and a portion of the Hanoverian crown—here is a cast counterfeit shilling in an unfinished state, and some white metal of a similar description to the shilling, which is Britannia metal—the shilling is of Geo. III., and has the Hanoverian crown corresponding with this portion of the mould—here is a small pipkin or blacking-pot, with similar white metal—this iron spoon appears to have been used to fill the mould—it is tapered at the point to make a channel, and some white metal adhering to it—here is some plaster-of-Paris in powder, of which
moulds are generally made—this part of a spoon has been melted—scissors are used to cut off the gets—here are four counterfeit sixpences cast in white metal, and a complete mould for half-crowns, which appears to have been very much used; it is perfect, and has white metal now remaining in it—it is much discoloured with heat.
Perkins. I hope you will consider it is my first offence.
Wicks. It is my first offence.
PERKINS— GUILTY . Aged 22
WICKS— GUILTY . Aged 21
Transported for Fifteen Years.
Before Mr. Justice Coleridge.
450. JOHN CASTLES was indicted for stealing, on the 13th of October, out of a certain post letter, 1 10l. Bank-note, the property of her Majesty's Postmaster General.—Seven other COUNTS, varying the manner of laying the charge; to which he pleaded
GUILTY . Aged 21.— Confined One Year.
(Mr. Smith, of Alnwick, Mr. Ayre, the prisoner's master; Edward Few, merchant, of Alnwick; Thomas Wright, grocer, of Grosvenor-row, Pimlico; Thomas Warner, grocer, of Union-street, Spitalfields; Mrs. Coulthard, Lucas-street, Commercial-road; and Charles Bayne, grocer, Broad-way, Westminster, gave the prisoner an excellent character.)
451. WILLIAM TAYLOR was indicted for feloniously breaking and entering the dwelling-house of Henry Ford, on the 23rd of December, at St. James, Westminster, and stealing therein, 1 cloak, value 12s.; 2 collars, value 3s.; 1 gown, value 10s.; 1 shawl, value 2s.; 3 handkerchiefs, value 2s.; 2 yards of silk, value 5s.; 2 caps, value 3s.; and 5 yards of lace, value 3s.; the goods of John Bell.
EMMA BELL . I am the wife of John Bell, a printer; we occupy a room on the second-floor of Mr. Ford's house, in Berwick-street. On the 23rd of December, I went out a few minutes past twelve o'clock in the day, leaving no one at home—I left the window shut, locked the room door, and took the key with me—I returned about a quarter to one o'clock—on going up stairs I saw the prisoner come out of my room, with a bag in his hand—I said, "You have been in my room"—he pushed by me, and ran down stairs—I screamed out and alarmed Mr. Ford, who ran out after him—as the prisoner ran down stairs I saw him drop the bag on the first-floor landing—I picked it up as I returned up stain, and took it up to my room—it was not my bag, but it contained the articles stated, which belong to my husband—my room-door must have been opened by a key—I shut the street-door when I went out—I do not know whether it had been opened—I never saw the prisoner before, but I am certain he is the man.
HENRY FORD . I am landlord of the house. Mrs. Bell lodges with me—I live in part of the house, and let out the rest On the 23rd of December, I heard some one screaming—I immediately went out of my parlour-door into the passage, and saw the prisoner coming down stairs—I am quite certain of him—he was dressed much the same as he is now—the handkerchief he has on is the same, and I believe it was a black coat, but I am positive he is the man—I let him pass me, not knowing what was the matter, till I saw Mrs. Bell—I saw him pass out of the door, and close it after him—I then ran after him up several streets, hallooing "Stop thief," and at last overtook him, without losing sight of him—he ran about half a mile—I collared him—he came back with me quietly, and I gave him to a police man.
WILLIAM MURRELL (police-constable C 80.) I received the prisoner into custody from Mr. Ford, and took him to Vine-street station—a brother constable followed me down with the property, which has been in the bands of the Inspector ever since—I found nine skeleton keys on the prisoner.
GUILTY . Aged 26.— Transported for Ten Years.
Fourth Jury, before Mr. Recorder.
452. HENRY ILLSLEY and MARY ANN ILLSLEY were indicted for feloniously breaking and entering the dwelling-house of Thomas Henry Clark, on the 5th of December, and stealing therein, 29 spoons, value 12l.; 1 fish-slice, value 25s.; 1 butter-knife, value 8s.; 3 ladles, value 1l. 10s.; 20 forks, value 2l.; and 2 pairs of nut-crackers, value 6s.; his property.
ELIZABETH BUTLER . I am servant to Mr. Clark, of Salisbury Cottage, Chiswick. On the 5th of December, I was in the kitchen cleaning the plate—I began about two o'clock, and about half-past two saw the female prisoner come in at the large gate, and come round to the kitchen, where I was cleaning the plate, with a petition—the kitchen door was open—she brought the petition to the door, and wished me to take it to my mistress, but I would not—she stood about twenty minutes begging me to take it—when I had finished the plate I took it into the parlour adjoining the kitchen—my fellow-servant came to me and said the window was open, and directly I went into the parlour I missed the plate—the prisoner had left me in the meantime—I found the parlour window open in front of the house—she could see the parlour window as she went out—I missed the articles stated—I looked on the ground, and saw footmarks coming to the window, principally of one person—when the prisoner was in the kitchen, she put up her shoes to show me how bad they were, and I particularly noticed that one, which was a man's boot, was nailed with double rows of nails round, and the other was a woman's Adelaide boot, but the man's was all leather—the parlour-window is about two feet from the ground—the footmarks appeared to be such as the shoes I had noticed would make.
HENRY HUGHES . I am a marine-store dealer, at Brentford. The male prisoner came to me on Thursday, the 3rd of December, to ask if I was a purchaser of old silver—I said I was—he said he knew where there was a quantity to be got, and wanted to know what I would give for it—I said it depended on the quality—he said there was a great quantity to be got, and if I would tell him the price I would give, he would bring it to me either Friday or Saturday—before he quitted my shop, he asked me again the price I would give—I said from 2s. 6d. to 4s. 3d. an ounce—he said if he got it he would bring it on Friday or Saturday evening—I saw no more of him till Sunday morning, when I met him between my residence and Drum-lane—he said I did not offer him enough for the old silver—I said I did not know what I could give him unless I saw it—he then put his hand into his right-hand pocket, and pulled out a nut-cracker—I told him I thought it was plated—he then put his hand into his left-hand coat
pocket, and showed me the handle part of a large table-spoon—I said that was silver—I saw part of another spoon—he said he had sold the best part the night before at Brentford, and made 6s. an ounce, and he had been cheated of five or six ounces, and if I would give him 4s. 6d. an ounce he would bring it on the Friday following—I said I would give him 5s. an ounce, as it was not fit to be sold as old silver—I saw no more of him till I gave information to the policeman.
Mary Ann Illsley's Defence. It was not me that took it—I went with a petition, having heard it was a good lady and gentleman—I had a velvet shoe on and an Adelaide, neither of them were nailed.
ELIZABETH BUTLER re-examined. I did not see the woman open the gates, but they had been left on the latch—no one came into the kitchen or parlour between her leaving me and my missing the plate—I did not see any second person—I was alarmed almost instantly after she left—I put the plate in the parlour at three o'clock, and at ten minutes after three the window was found open and the plate gone—the footmarks were exactly like her shoes—the gravel was very soft, and there were clear impressions of the shoes up to the window, and a mark on the parlour carpet—I saw nobody about who could have taken it but her.
Mary Ann Illsley. She said there was a strange man there. Witness. There was about a quarter of an hour before the prisoner came, but the plate was cleaned after that, and I saw that man go out of the gate.
NOT GUILTY .
NEW COURT.—Wednesday, January 6th, 1841.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 32.— Confined Three Months.
GUILTY . Aged 21.— Confined Four Months.
455. JOHN FREDERICK OCHADLIN was indicted for stealing, on the 29th of December, 1 purse, value 6d.; 3 half-crowns; 7 shillings; and 2 sixpences, the property of George Philipp Benedickt Beiriger, to which he pleaded
GUILTY . Aged 23.— Confined Three Months.
GUILTY . Aged 15.— Confined Six Months.
MESSRS. BODKIN and DOANE conducted the Prosecution.
GEORGE LOW . I keep the Three Johns public-house, Westminster. On the 16th of December, the prisoner came for half a pint of porter, which came to 1d.—he gave me 1s.—I told him it was bad, and marked it, and put it by itself—he went away—he called again on the 23rd of December,
for half a pint of beer and gave me a bad shilling—I sent for a policeman, and gave him into custody with the two shillings.
Prisoner's Defence. I picked them up in a piece of paper, I did not know they were bad—one dropped through a hole in my pocket into my shoe.
GUILTY . Aged 18.— Confined Six Months.
MR. DOANE conducted the Prosecution.
WILLIAM WHITE . I am shopman to Thomas Baldwin, a cheesemonger, in New-street, Dorset-square. On the 19th of November, the prisoner came for some pork chops—she gave me a half-crown, and after she was gone I found it was bad—it was burnt—on the 28th she came again for some cheese, which came to 5d.—she gave me a half-crown—I told her it was bad—she said, it was not—I said, "You gave me one about a week ago"—I gave the half-crown to Mr. Balding, and went for a policeman, and she was taken to the station—Mr. Balding's father gave me the half-crown back again—I gave it to Sergeant Pitt.
JOHN SWETMAN . I am apprenticed to Mr. Dalton, a stationer, in Cockspur-street. On the 15th of December, the prisoner came for two sheets of foolscap paper, which came to 2d.—she gave me a half-crown—I looked at it, and told her it was bad—she said she was not aware of it, she took it in a shop in Oxford-street, but she could not say what shop—I gave it to Mr. Dalton, and went for a constable.
Prisoner's Defence. I took it in, a shop in Oxford-street.
GUILTY . Aged 20.— Confined Six Months.
MESSRS. BODKIN and DOANE conducted the Prosecution.
JOHN SHIELDS THOMPSON . I live on Holborn-hill. On the 5th of December, about ten o'clock in the morning, the prisoner came for a dozen stay laces, and some other things which came to 1s., he offered me a bad 5s. piece—I told him it was bad—he appeared to be ignorant, and said, "Is it?"—my young man brought a constable—I gave the crown-piece to Saunders.
Prisoner. Q. Did you not send the girl to fetch another crown-piece? A. Yes—that was a good one—I am sure I did not mix them.
STEPHEN SAUNDEKS (City police-constable, No. 218.) I was sent for, and received this crown-piece from Thompson—it was marked in my presence—I found 4 1/2 d. on the prisoner—he gave his name William Parsons, Stanhope-street, Clare Market—I took him before the Magistrate, and he was discharged.
EDWARD THOMAS . I am shopman to Charles Terry, in Chiswell-street. On the 30th of November, the prisoner came for a cotton handkerchief, which came to 1s.—he gave me a 5s. piece—he had 4s. in change, and went out—I noticed at the time 1 put it into the cashier's hand that there was a cut in the edge—about a minute after he was gone, the cashier brought it to me—we looked at it, and found it was bad—on the 12th of December, the prisoner came again for a cotton handkerchief which came to 6d.—he gave me a 5s. piece—I said he had been there before, and that the crown-piece was bad—he said he had not been there before—the officer came and took him—Mr. Terry took up the crown, and put it on the stove—I afterwards marked it, and gave it with the other to the policeman.
ARTHUR SNELGROVE . I am shopman there. On the 30th of November the prisoner came in with a crown-piece—it was put into my hand—I put it into the till—there was no other crown-piece there—Mr. Terry took it after—on the 12th of December, the prisoner came in, and the constable came and took him—I am sure the prisoner is the man.
CHARLES TERRY . On the 30th of November, I saw the crown-piece separate from any other money—I took it and put it into my desk—on the second occasion I gave it to Thomas, and he gave it to the policeman—on the 12th of December, I saw the prisoner again—Catchpole came—I took the crown-piece from the counter, and laid it on the stove—Thompson took it, and gave it to the policeman.
Prisoner's Defence. They are what my brother gave me to get some things with.
GUILTY .** Aged 15.— Confined Two Years.
HENRY BAKER . I am carman to Robert Davis Rea, a wholesale cheesemonger, in Upper Thames-street. On the 28th of December, about five o'clock, I was in the shop, and saw the prisoner come and take this cask of butter out of the shop—he ran away—I followed him and stopped him with it—I gave him to the policeman.
Prisoner. It is impossible a person could run with it—it is a great weight.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined One Year.
ROBERT JOHN FEATHER . I keep the Fox public-house in Fox-lane, Shad well. The prisoner lodged there—in consequence of circumstances, on the 21st of December I marked 2s. worth of penny-pieces, and five sixpences, the last thing at night—I placed them in the till, and placed some change behind the till for the bar-maid to give change—I had given the bar-maid orders if the prisoner went to fetch the shoe brushes as usual in the morning, to let me know—she did not do so, but sent the other servant—I went down and looked at my till about eight o'clock, and two shillings, and two penny-pieces, and one halfpenny were gone—here is one of the penny-pieces which was brought up to me by Sophia Rippon—my little daughter called to roe, and I found two shillings and one penny-piece, marked, on a ledge, just outside the tap-room window—the prisoner could go to that place.
JESSY GROTE . I am the bar-maid. I came down first, and opened the bar as usual—the prisoner came down a little after, and asked for half a pint of beer, and gave me a penny—he had an opportunity of going to the till—I looked at it in his presence, and sent Rippon up with it—the prisoner said, "For God's sake don't give it to my master."
WILLIAM WALKER . I live in Fox-lane. On the 22nd of December I was at the prosecutor's, and saw the prisoner at the till, between seven and eight o'clock—I bade him good morning—he gave me no answer, and seemed confused.
GUILTY . Aged 39.— Confined Six Months.
462. CHARLES ALLEN was indicted for stealing, on the 29th of December, 21lbs. weight of lead pipe, value 19s.; and 2 metal cocks, value 1s.; the goods of Alice Sowerby, being fixed to a certain building.
SARAH EVANS . I am the wife of David Evans, and live in this house in Bear alley. On the 29th of December I heard a knocking at the cellar-door, as if some one wanted to come out—I opened the door, and saw the prisoner on the stairs—I asked what he wanted there—he said he had been to the water-closet—I said he had no business there—he tried to get away—I collared him, and called the lodger—he took him down into the cellar, and found this pipe broken off, which was safe two hours before.
Prisoner's Defence. I know nothing about it.
GUILTY . Aged 15.— Confined Three Months.
had access to every part of our house—her husband was footman there—the articles now produced arc my master's.
Prisoner's Defence. I meant to replace them.
GUILTY . Aged 40.— Confined Nine Months.
ZACHARIAH RICHARD CATCHPOLE . I live in Stephen-street, Lisson-grove. On the 26th of December the prisoner came to the window, took a piece of bacon, and put it under his jacket—I ran out, caught him, and took it from him—I have made inquiries, and he had been drinking that day—I think it is his first offence.
Prisoner's Defence. I had been out of work, and was in great distress, and my wife was ill.
(The prisoner received a good character, and a witness engaged to employ him.)
GUILTY. Aged 24.—Recommended to mercy.— Confined Three Days.
MR. BALLANTINE conducted the Prosecution.
ANN NORMAN . I am the wife of Edward Norman, who keeps the Portland Arms public-house, in Long-lane, West Smithfield. On the 22nd of December I had eleven sovereigns and three half-sovereigns screwed up in a piece of paper in my bag, with 15s. in silver—I left home about half-past two o'clock—I got to Goswell-street, and the prisoner and two women came up—the prisoner was at my left side—my reticule was hanging on my left arm—the women were by my side—they kept shoving against me, and would not let me pass—I said, "What the deuce do you want?"—they said nothing, but got in front—I said, "Why don't you let me pass, why do you shove?"—one of them, a lusty woman, said, "It is you who are shoving"—I then lifted my left arm, and found my bag was cut at the bottom—I turned, and collared the prisoner—I observed the paper which contained my money was in his hand—there was no other man there—one of the women came, struck me in the face, and said, "Let go of him, he is my brother"—I saw him drop the paper down on the pavement, and the stout woman took it up—there was a little boy at her side, who pinked up 3s. 6d.—I have seen neither of the women or the rest of my money since.
Cross-examined by MR. PHILLIPS. Q. Are you quite sure you saw the paper in the prisoner's hand? A. Yes, it is not possible that I could make any mistake in the fright.
the prisoner and two women jostling the prosecutrix—I am sure the prisoner is the man—I saw him at her left side—the prosecutrix called out that she was robbed—I went up and collared the prisoner—I saw something in his hand, wrapped up in a piece of paper—I took him to the bottom of the lane and gave him in charge—the stoat woman struck me three times, and struck the prosecutrix.
WILLIAM OWEN . I live in Albemarle-street. I was in Goswell-street, and saw the prosecutrix—the prisoner and two women pushed against her—I saw the prisoner drop a paper—I was going to pick it up, but the stout woman shoved me away.
(William Mowbray, a house-decorator, Hackney-road; Robert Pitkins, a turner, Bacon-street, Church-street; and John Thomas Russell, builder, gave the prisoner a good character.)
GUILTY . Aged 26.— Transported for Ten Years.
466. SUSANNAH WATTS and SOPHIA WATTS were indicted for stealing, on the 28th of December, 19 yards of printed cotton, value 9s., and 72 yards of galloon, value 4s. 4s. 4d., the goods of Thomas Butler.
JOSEPH WATTS . I am shopman to Thomas Butler, in Shoreditch. About five o'clock in the evening of the 28th of December, the prisoners came and bought some lasting, union cloth, galloon, and other things, and paid for them—they asked to look at some cotton dresses—I showed them some—they purchased one, and Susannah Watts paid me 1s. off it—they talked to each other, and appeared acquainted—when I showed them these dresses I turned my back to get some more—the dresses now produced are my master's.
Cross-examined by MR. CLARKSON. Q. Do you sell goods and take the payments by instalments? A. We take weekly payments—Susannah paid for the whole they purchased—I showed them these dresses, but they did not buy either of them—the dress they bought came to 5s. 6d.
EDWARD LLOYD . I am shopman to the prosecutor. These prisoners came to look at some dresses—I went into the counting-house, where I had a full view of the counter, and during the absence of Watts, my man, to fetch more dresses, I saw Sophia Watts take a dress from under another dress on the counter, and put it under her shawl—I went into the shop, walked' about, and sent for a policeman—when the prisoners were going, they bid me good evening, as I stood at the door—I wished them the same, but said I had not done with them—I caught hold of one of them in each hand, and these two dresses fell down.
(Sophia Watts received a good character.)
SUSANNAH WATTS— NOT GUILTY
SOPHIA WATTS— GUILTY . Aged 24.— Confined Two Months.
I had two pairs of trowsers at my door on the 28th of December, I lost one pair—these now produced are them.
JOSEPH HENRY WALLS . I live in John-street, Commercial-road. I was passing down Ratcliff-highway on the 28th of December—I saw the prisoner and another young man watching the prosecutrix's premises—I saw a pair of trowsers cut down from the door-post—I crossed and saw the prisoner was doubling them up—he placed them under his coat—I followed him, called "Stop thief," and he dropped them—I took them up.
Cross-examined by MR. BALLANTINE. Q. What are you? A. A tailor—I have kept a shop, but do not now—I am not a candidate for the police—this was between five and six o'clock in the evening—it was dark—the lamps were lighted—I cannot say which cut the trowsers down—I think the other person was dressed different to the prisoner—I did not see the instrument that cut them—the prisoner and his companion both ran away—I lost sight of the prisoner for about a quarter of a minute—I then saw him in possession of a policeman—I did tell the policeman that the prisoner cut them down, but I was in doubt about it—I saw him drop them before I lost sight of him—I had been in company with a policeman, an acquaintance of mine, before this.
Cross-examined. Q. What did Walls say to you? A. He said he saw the prisoner cut down the trowsers, and try to conceal them under his coat.
NOT GUILTY .
MESSRS. BODKIN and BALLANTINE conducted the Prosecution.
JOHN CASPAR GEILS . I am a master carman. I was in the London Docks on the 28th of November, about two o'clock, near the brandy quay in the south warehouse—I saw Gann rolling a twenty-four or twenty-five gallon cask, and Dalton walking alongside of him—I had known Dalton from a boy—he has worked for different carmen in the docks.
Cross-examined by MR. PAYNE. Q. Has not Dalton borne a good character? A. I never heard to the contrary.
Cross-examined by MR. PHILLIPS. Q. About how far were they rolling the cask from where it ought to have been? A. It ought to have been on the other side of the bridge, about fifty yards from there.
LEO BLINKHORN . I am a carman. I was in the London Docks on the 18th of December, between twelve and one o'clock, loading hemp from the warehouses on the south side, which run on to the Wapping-basin—I saw Gann and Dalton rolling a quarter cask which I supposed to be brandy, from towards the brandy quay to the western entrance—they rolled it in between two casks of tallow, then rolled a barrel before if, and threw a handful of straw on the top of it—Dalton then went towards the western entrance—Gann remained near where the brandy was—(it would take a man about ten minutes to go from where the brandy was to the western entrance)—Dalton returned in a quarter of an hour or twenty minutes, and at the same time one of Mr. Eyres' wagons which was
loaded, came in, and Scalp was driving it—Dalton was a few yards behind the wagon—they passed by where I was, and where the brandy was, and went on towards the Wapping-basin—Dalton still kept behind the wagon till it had backed to where it was going—Gann remained where the cask was till after the wagon had backed in to unload, and then he went towards the tail of the wagon—he went in the same direction that the other bad gone—I saw the unloading of the fore-part of the wagon—I could not see the whole of it from where I was—Dalton then put a handful of straw into the wagon—I did not see Gann or Scalp at that time—the wagon had a tail-board that would let down—it is usual to load and unload the wagons at the tail—I did not see Scalp again till he drew the wagon round, when it was unloaded, which was in about twenty minutes—he drew his horse round to come out, and came towards the western entrance—he stopped nearly opposite to where the cask was lying—he then left his wagon and went towards the eastern entrance and the spirit-quay—he was gone about half an hour, and while he was gone, Gann and Dalton lifted the cask of brandy into the wagon—Dalton got into the wagon, rolled the cask to the fore-part of the wagon, and covered the straw over it—Gann then wanted to borrow my tilt, which I refused to lend him—he and Dalton then looked round about them, and then went away in the same direction that Scalp had gone—in five or ten minutes I saw Scalp come up—he got in at the tail of the wagon, and placed his hands on the straw on the fore-part of the wagon—I cannot say that his hands went to the bottom—he then got out and drove on in the direction of the western entrance, the same way that he came in—as soon as the wagon started, I saw my employer, and told him.
Cross-examined by MR. PHILLIPS. Q. I dare say yon thought that Scalp must have felt the cask? A. I cannot say—I did not take that particular notice to see whether he tried to feel it—he put his hands on the straw on the top of the cask—I should say I almost thought he knew the cask was there from what I have heard since.
Q. Have you ever said to any one whether you thought Scalp guilty or innocent? A. I should think he was innocent—I have said so—I was at the Thames Police when they brought Scalp up on a charge of smuggling this—I saw Mr. Eyres, his master, on the day he was bailed—(the wagon and horse had been seized for smuggling)—I was coming in the evening by where Mr. Eyres was, in Thames-street—I knew him before—I do not believe I said to him, "You have got a van and horse seized," but I will not swear I did not—I cannot recollect whether he said, yes, he had—I might have said, "I suppose you want to get it back again as soon as you can"—I do not recollect it—I said to him, "I can tell you who put the brandy into your van"—he said, "Can you? I shall be very much obliged to you"—I said, "You know them both"—he said, "Do I, who is it?"—I said, "One is Peter Gann, who was in your employ, and the other is Barber, which is a nick-name for Dalton"—Mr. Eyres then said, "Has my man Scalp any thing to do with it?"
Q. And did you not say, "I am sure he has not, and Scalp is an innocent man?" A. I did not say so, I swear positively—I know Edward Williams by sight—he was taking refreshment in a public-house on the day I had the conversation with Mr. Eyres—I did not tell Edward Williams that Scalp was innocent—I did not say to him, "Scalp knows no more of it than you do"—I said I thought as the cask was put in while he was
away, that he was not aware that he was going to bring the cask out, or else he would have been better prepared for so doing—I did not tell him he was innocent—I did not tell Mr. Eyres he was an innocent man—I told him I did not think he was exactly innocent, as he was away when the cask was put in, but he got into the van after it was in—I did not say that Scalp was an innocent man to any body—I was at the Red Lion with Edward Williams—he asked me whether Scalp really had any thing to do with it, and I told him Scalp was not there when the cask was put in, but he got in afterwards—I did not say, "He is as innocent as you are"—the place where I saw the two men roll the brandy between the two casks of tallow, may be half a quarter of a mile from the spirit-quay.
Cross-examined by MR. PAYNE. Q. How long have you been in the service of Mr. Ceils? A. I have been with him twice, the last time about two months—I never was a pot-boy—I never lived at the Red Lion—it was Dalton put some straw in the van, which he got from behind some empty casks in the Dock—this cask could be got in the van without tackle—I have helped to lift such casks out—they weigh from 2cwt. to 2 1/4 cwt.
DANIEL RUDKINS . I am a police-constable, stationed in the London Docks. On the 18th of December, about half-past three o'clock, in consequence of information, I went to the back of No. 2 warehouse, on the north side of the London Docks—I saw Mr. Eyres' van there, standing still, and no one with it—I got on the wheel, lifted up some straw, and saw under it a quarter cask of brandy—I left the straw on the cask, and concealed myself in a place about ten yards off, to watch—in about ten minutes Scalp came up—he got up in the van, went forwards, and appeared to be looking under the straw—he got out again, and went between the warehouse and the shed, where I could not see him—in about a minute he returned, and got into the van with a person of the name of Dudficld, and rolled the cask from the fore part of the van to the hind part, and they were in the act of striking it, that is, lifting it out—I stepped up to Scalp, and asked what he was going to do with the cask of brandy—he said, "I am going to leave it here, sir"—I said, "You can't leave it here; where did you get it?"—he said, "I came with a load of case wines to be shipped on board a ship in the basin, and I came from there here to load three pipes of wine at No. 3 warehouse, and I found this in the van; I don't know how it came there"—I took him into custody, and to the Queen's warehouse—this is the quarter cask of brandy, it is No. 36.
Cross-examined by MR. CLARKSON. Q. Where did you conceal yourself? A. In a place used for soldering cases—it is open in the hours of work in the day time—I put the door to—I went to Mr. Robinson, the Custom-house officer, and they carried the brandy to the Queen's ware-house—I have been a constable in the Docks upwards of twenty years.
JOHN MONTEITH . I am a gate-keeper of the London Docks. On the 18th of December I was on duty at the west gate—I received information, and saw Mr. Eyres' van, and the brandy—it was stopped just inside the inner gate—Scalp was the driver—he came about half-way out—I did not see him bring the van up—he drove it down the North quay, and stopped at No. 2—I followed it to where it stopped, and Scalp went
in front of the warehouses—while he was away I looked into the van, and saw a cask covered with straw—to the best of my belief this is the cask.
Cross-examined by MR. PHILLIPS. Q. Do you know what is kept in No. 2 warehouse? A. I do not.
JOHN BRILBY . I am foreman on the Brandy quay at the London Docks. I missed the cask produced on the 19th of December—according to the practice of the Docks, the property there cannot be got out without going through several forms.
JAMES FOGG . I am a Thames-police inspector. On the 19th of December, at ten o'clock at night, I went with Scalp to the George public-house, in St. George's-in-the-East, and found Dalton and Gann—I said I wanted them—they came out, and said, "What is it for, master?"—I said, "For stealing a quarter cask of brandy out of the London Docks the day before"—they said they had not been in the London Decks all that day, but they had been in the Anchor and Hope public-house—I said I knew they had been in the Docks, for they had been seen with Scalp—they then said they had for a little while—I took them a little way—there was a signal from the public-house, and Gann ran away—I called, "Stop thief!"—Mr. Eyres ran after him, and he was taken.
Cross-examined by MR. PHILLIPS. Q. Did you go to Mr. Eyres? A. Yes, from information—I saw Scalp there, who described the other two prisoners to me, and I knew where to find them—Mr. Eyres and Scalp went with me—Scalp had been bailed on a charge of smuggling, as I understood, but I was not there—he was not bailed on this charge—I sent him into the public-house where the other prisoners were, to get a pint of beer, and if they were in there, I told him to come out and tell me.
WILLIAM HUTLOCK . I am delivery foreman at No. 3 warehouse in the London Docks—it is my duty to superintend the delivery of wine from that vault—I do not recollect that there was any application from Mr. Eyres for the delivery of any wine on the 18th of December—I do not know of three pipes of wine being applied for on that day—if there had, there would have been papers brought, authorizing a person to get them—there was no application made to me for three pipes of wine from Mr. Eyres' people the next day.
Cross-examined by MR. CLARKSON. Q. Is there any book in which it is the duty of some person to keep an account of the wines applied for? A. Yes—that book is not here—I will not swear that there was no application made from Mr. Eyres for wines that day.
GANN— GUILTY . Aged 19.
DALTON— GUILTY . Aged 22.
Transported for Seven Years.
SCALP— NOT GUILTY .
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 26.— Confined Three Months.
GUILTY . Aged 26.— Confined Three Months.
ANN DAWKINS . I live at home with my parents. On the 17th of December I saw the prisoner and another near the shop of Mr. Eveleigh, a linen-draper in Munster-street—one of them pulled the tippets, and could not get them—they went away and then came again, and the other pulled a tippet, got it down, gave it to the prisoner, and they ran away—the policeman caught them—I am quite sure the prisoner is the person.
RICHARD OVENDEN (police-constable S 143.) I was spoken to by Dawkins—I saw the prisoner and another younger—the other went up, and took the tippet from the line—the prisoner took it from him, and they both ran away—I pursued, and took the prisoner—I saw him throw the tippet away—I picked it up—the other entirely made his escape.
GUILTY .* Aged 18.— Transported for Seven Years.
ANN BARNES . I am the wife of John Barnes, a frame-work knitter. About a quarter-past eight o'clock, on the evening of the 30th of December, I was about the middle of York-street, with a half-crown in my hand—I accidentally dropped it—the prisoners and others looked for it—I saw the prisoner stoop and pick it up, I saw it in his hand—I asked him to give it to me, be said he had not got it—he delivered it to another man, who walked away—I asked him why he was stooping, he said to put his hand into his boot—he did not walk off—he said he would stop, a policeman might search him.
WILLIAM VAILES . I live in Arlington-street. I was in York-street—I saw the prosecutrix crossing the road, she told me she had lost a half-crown—in consequence of that I looked for it—I saw the prisoner stoop down to the ground, pick up a half-crown, and pass it to another man, who got away with it.
Prisoner's Defence. I was walking down York-street, I saw a mob on the other side of the road, I had no man with me—I stopped to rub my leg—the prosecutrix came up, and said I had picked up a half-crown—I said I had not.
NOT GUILTY .
GUILTY .— Confined Three Months.
SAMUEL SEAL . I am the son of Matthew Seal, who keeps a china-shop in Great Queen-street. On the evening of the 31st of December, I saw Jones lurking about—he went away after that, and then I saw the two together—I heard Smith say, "I am d—d if I stop any longer"—Jones then passed the shop two or three times, then took the cruet-frame, gave it to Smith, and they went away—I went after them—they saw
me, and dropped the frame and ran away—I am race they are the persons—they were taken the same evening—this is the cruet-frame.
BENJAMIN KING (police-constable F 52.) I heard the cry of "Stop thief," and saw the prisoners running—Jones ran down Parker-street—I followed Smith—a person stopped him, and gave him into my custody—I took him to the station, and Jones was brought there afterwards.
Smith's Defence. I was coming down Queen-street, it was raining—I ran, and saw a boy running past me very fast—I heard a cry of "Stop thief!" and ran after him.
SMITH— GUILTY .— Confined Three Months.
WILLIAM ARCHER . I keep a cigar-shop in Serle-place, Old-street-road. About eight o'clock, in the evening of the 27th of December, I was in the parlour—I saw the prisoner in the shop, leaning over, and taking something—he went out—I went after him, and met him coming towards the shop—I accused him of leaving my shop abruptly—he denied that he had been there—he then came in, and had some tobacco—I had not missed the box of cigars, and did not miss them till he had left the shop again—when he went away I found that the box of cigars had been stolen exactly from the part where he had been leaning over—I have not seen them since.
Cross-examined by MR. PAYNE. Q. This was Sunday afternoon? A. Yes—I was sitting in the parlour, with a glass door shut—there were two gas-lights in the shop—I ran out directly—the shop is about a dozen yards long—he came in for some tobacco, and a man came in after him—they lighted their pipes, then went away, and the moment they left a boy came in and told me something—I went to look for them, but could not find them—I gave information to the policeman.
WILLIAM RICHARDSON . I live with my parents. On the evening of the 27th of December I saw the prisoner in company with two others—I was outside the prosecutor's shop, looking in at the window—I saw the prisoner go into the shop, and take a box of cigars off the counter—he passed it to another man, and man went down Wood-street, and I told what I saw.
Cross-examined. Q. Did you not say you were afraid to tell Mr. Archer, for you thought some one would hurt you? A. Yes—I live in Vincent-street, Old-street—I was going on an errand—I called the prisoner "Tom Andrews"—I knew him by sight—I did not know where he lived—I did not speak to any policeman about him—he was dressed in a fustian jacket and trowsers, and a white apron—one of the other men was dressed in a white jacket, and a kind of a rough hat—the man that ran away with the cigars was dressed in fustian—I have known the prisoner a long while, by seeing him in the street—I heard the policeman say "Tem Andrews"—I did not know his name before.
Cross-examined. Q. When did you take him? A. About ten o'clock at night—I heard his name from the sergeant at the station—I did not tell
Richardson his name, be might have heard it—I first saw Richardson on the Thursday morning—I took the prisoner on the Wednesday night.
GUILTY .** Aged 22.— Transported for Seven Years.
475. PATRICK NOREY was indicted for stealing, on the 26th of December, 1 hamper, value 6d.; 8 bottles, value 4s.; 7 quarts of gin, value 15s.; 7 pints of rum, value 9s.; and 2 1/2 pints of brandy, value 7s. 6d.; the goods of Mary Mayes.
JOHN MAYES . I am the son of Mary Mayes, and drive her wagon—she lives at Sudbury. On the 26th of December I was stopping at the Queen's Head public-house, in St. John's-street, to take up some corn for my horses—my wagon was covered, and the tail-board Was secured up—the hamper, containing these bottles and spirits, was in the hind part of the wagon—I saw the prisoner, who was a stranger, on the ladder up behind—he had no business there—I asked what he wanted—he had this hamper in his hand—he dropped it, and tried to make his escape—I collared him—we scuffled together—one of his companions came and tripped my heels up—we went down together, and after that another of his companions came and kicked me in the face—as soon as the policeman was called, the others got off, but I held the prisoner—the hamper contained what is stated in the indictment.
Cross-examined by MR. PAYNE. Q. Had yon seen the prisoner before? A. No—any body may get up the ladder—there was no one behind the wagon then, but there is generally—I am sure he had removed the hamper outside the wagon—I swear he had it in his hand—he had it by one of the handles, hanging down.
SIDNEY SWITCHIN . I am book-keeper at the Queen's Head public-house. I saw the prisoner on the ladder at the tail of the wagon, in the act of taking the hamper from it, and the hamper fell into the street—I saw Mayes try to take the prisoner, and some one tripped him up—they both fell in the street, and while they were down, another man kicked Mayes in the mouth—there were as many as five or six of them altogether—they talked about rescuing the prisoner—when the policeman was called they made their escape.
Cross-examined. Q. What time was this? A. Between five and six o'clock in the afternoon—there was a gang—I did not see them in company with the prisoner.
GUILTY . Aged 28.— Transported for Seven Years.
JOHN LINDFORD . I am bar-man at the Coach and Horses public-house, at Shad well. On the 26th of December Ann Reynolds came there, very much intoxicated—I observed she had a good many rings on her fingers—she sat down, and went to sleep—the prisoner came in after her, and sat down close to her—she remained there about half-an-hour, and then went out—I then looked at Reynolds's fingers, and went after the prisoner, who had got about twenty yards from the house—I asked her for the ring she
had taken from the woman—she delivered this ring to me, and said she took it to take care of, she being an intimate friend of hers.
Prisoner. Q. Did you not give me a ring to pawn before you went to the public-house? A. No—I saw her in the morning—she asked me to lend her 6d. which I did, and then parted with her.
Prisoner's Defence. We were out all day, and she spent what money she bad, then took the ring from her finger, and desired me to pawn it.
(The prisoner received a good character.)
GUILTY . Aged 30.— Confined Six Months.
477. MARY SEVERN was indicted for stealing, on the 19th of December, 4 1/2 lb. weight of pork, value 3s. 3d.; 3 half-crowns, 2 shillings, 2 groats, 3 pence, and 73 halfpence; the property of William Collins.
MARY COLLINS . I am the wife of William Collins; he lives at Hoxton, and is a chimney-sweep—we killed a pig on the 18th of December, and it was cut up on the 19th—I had sold four joints of it—I had the money stated in my house, down stairs—I did not see the prisoner, but she must have come in the back way—she lives next door to me—I missed a loin of pork and the money stated, which I had put on the table in the lower room at I took it—I suspected the prisoner, and accused her—she denied it and said, if she was poor she was not a thief—she had told me in the morning, that she had not a bit of bread to give her children—the policeman was sent for, and he found some money and the pork—I know it to be mine—the prisoner bought some tea and sugar, and paid for some bread.
GEORGE KEMP (police-constable N 82.) I took the prisoner on another charge—she rushed to the window, and took from under the tiles this piece of fur—I found in it three half-crowns, and two 4d. pieces—I found 1s. in one part of the room, and 1d. in another part, and this pork on the tiles in this bag.
HENRY LAMBERT . I accompanied the officer to the prisoner's house—I saw him find this money and pork—I found some sugar and tea, and 1s. 1 1/4 d. in copper money—I told her I had brought them away—she said I had no occasion to do that, as she bought them with 15s., which she received of her sister the night before.
Prisoner's Defence. I received the money from my sister on the Friday night, she owed me a sovereign.
GUILTY . Aged 45.— Confined Twelve Months.
(There was another indictment against the prisoner.)
caught him about twenty rods off—he said he did not take them, but I saw him take them—these are them.
Cross-examined by MR. PAYNE. Q. Were these outside your shop? A. Yes, hanging on the window—when I caught the prisoner, he threw me and ran a knife into my fingers.
(The prisoner received a good character.)
GUILTY. Aged 16.—Recommended to mercy by the Jury.
Confined Three Months.
OLD COURT.—Thursday, January 7th, 1841.
Second Jury, before Mr. Sergeant Arabin.
479. SARAH GREEN was indicted for stealing, on the 3rd of January, at St. James's, Westminster, 1 watch, value 4l.; 1 seal, value 5l.; 6 spoons, value 1l. 18s.; 2 towels, value 1s.; 1 bag, value 2d.; and 1 pinafore, value 6d.; the goods of John Watts her master, in his dwelling-house, to which she pleaded
GUILTY . Aged 23.— Transported for Ten Years.
480. ROBERT GARRATT was indicted for feloniously breaking and entering the dwelling-house of Enoch King, on the 25th of December, at St. Matthew, Bethnal Green, and stealing therein 1 snap, value 2s.; 3 sheets, value 9s.; 2 veils, value 9s.; 1 necklace, value 10s.; 1 boa, value 2s.; and 1 shawl, value 17s.; his property: 1 watch, value 30s.; 1 watch-guard, value 1s.; 1 necklace, value 10s.,; 1 snap, value 5s.; 1 thimble, value 1s. 6d.; 3 brooches, value 3s.; 1 fan, value 2s.; 1 shawl, value 5s.; 2 veils, value 8s.; 1 pair of boots, value 2s.; 13 handkerchiefs, value 8s.; 4 aprons, value 2s.; and 5 printed books, value 2s.; the goods of Frances Douglas; to which he pleaded
GUILTY .— Transported for Fifteen Years.
BUNDON pleaded GUILTY . Aged 22.— Confined Three Months.
CHARLES HIDE WEDGE . I am a linen-draper in Sun-street, Bishopsgate. On the 29th of December, the prisoners came to the shop together for two skeins of black silk—my shopman served them—they were about three minutes in the shop—these stockings were missed while they were there, but we let them leave not being quite certain, and then found our suspicions correct—I went to different pawnbrokers, and gave information, and about a week after, the property was produced—these stockings are mine—I am not sure that Burgess is one of the persons, I believe so.
JAMES MELBORNE MILNER . I am shopman to Mr. Wedge—two young women came into the shop on the 29th of December—I can positively swear to Bundon, but not to Burgess, but I believe her to be the person—I served them—Mr. Wedge missed the stockings, which were safe when they came in.
I took her to the station, I said, "How came yon to do this?"—she said, "It was not me, it was my sister"—I said, "Where does your sister live?"—she said, "At No. 5, Farmer's-rents"—I went there and took Bundon, I found five pairs of stockings there, one pair at a pawnbroker's, and one pair was found on each of the prisoner's feet—I found they lived together, hut they are not sisters.
Burgess's Defence. I was not in the prosecutor's shop—I was in bed at the time—Bundon went out for a situation; when she came home, she gave me a new pair of black stockings to put on; she said, "I bought a pair for myself, and a pair for you. "I knew she had money when she left her situation, and made no inquiry. On Thursday afternoon, I asked her to lend me some money, she said she had none; but she would lend me a pair of stockings to pawn, if I would let my husband get them out again; I went with them, and was detained.
BURGESS— GUILTY . Aged 21.— Confined Three Months.
Before Mr. Baron Rolfe.
GUILTY . Aged 30.— Death recorded.
Before Mr. Justice Manle.
NOT GUILTY .
First Jury, before Mr. Sergeant Arabin.
484. JAMES WILD was indicted for breaking and entering the dwelling-house of Joseph Hyams, on the 18th of December, at St. Mary Matfelon, alias Whitechapel, and stealing therein, 1 counterpane, value 2s.; 2 blankets, value 1s.; 2 quilts, value 8s.; and 2 sheets, value 4s., his property.
LOUISA HYAMS . I am the wife of Joseph Hyams, of Hebrew-place, Whitechapel. On Friday evening, the 18th of December, I was at home—the door was shut, but not fastened, and the window down—between four and eight o'clock in the evening, I missed the property stated, this blanket and quilt, now produced, are mine.
MICHAEL SOLOMON . On Friday evening, the 18th of December, I saw the prisoner come into a public-house, with a blanket, a quilt, and several other articles for sale—Ryan came in and bought the two articles of him for 1s.—I went out for a few minutes, and when I came in he sold the rest for 4d.
Prisoner's Defence. I bought these clothes for 1s. of a young man, about eighteen years old—I sold the two for 1s., and the others for 4d., in the Three Compasses.
GUILTY * of stealing only. Aged 15.— Transported for Seven Years.
485. JOSEPH BARNES and JAMES DEELEY were indicted for breaking and entering the dwelling-house of Daniel Williams, on the 3rd of January, and stealing therein, 1 watch, value 1l.; 1 watch-chain, value 2s.; 1 sovereign, 1 half-crown, 4 shillings, 1 sixpence, and 30 two-pences, his property.
MR. JONES conducted the Prosecution.
DANIEL WILLIAMS . I live in the parish of Heston, in Middlesex. On Sunday evening last I and my wife went to chapel—I left my house locked up quite securely, but nobody in it—we returned a little before eight o'clock—I unlocked the front door, and saw the pin of the back window broken, a pane of glass broken, and the window open—I am certain it was secure when I went out—I missed the property stated, the watch from the dressing-table, and the money from the wash-hand-stand drawer—I had left the paper now produced with my writing on it, tied up in the bag with the money, when I went to chapel—I know both the prisoners, one lives next door to me, and the other a few doors off.
MART WILLIAMS . I am the prosecutor's wife. I went to chapel with him—I left the back window and every place safe—on returning, 1 found the window as my husband has described, and the property missing—every drawer and place in the house was ransacked—the policeman found a piece of a knife on the window-sill, which did not belong to us.
CATHARINE CROFT . I live in William's-place, at the back of the Wellington public-house—I went to the door of the chapel last Sunday, about half-past six o'clock, to hear the minister—I saw both the prisoners there, inside the folding-doors of the chapel—it is about 200 yards from the prosecutor's—they left the chapel about a quarter before seven, before the service was over—they both went out together towards the prosecutor's house, and I did not see them afterwards—I remained till about ten minutes after seven—they did not come back again.
RUBEN HALL . I am a constable. Last Monday morning, about six o'clock, I went to Barnes's house, on the Staines-road—I knocked at the door, Barnes looked out of window, and asked who was there—I said, I wanted to speak to him—he came down and let me in—I said, I took him on suspicion of breaking Mr. Williams's house open—he said he knew nothing about it—I went into his bed-room, and asked which were his clothes—he showed them to me—I searched them, and found in the coat-pocket 6d., and 3d. and a knife, broken—I found a piece of a knife on the prosecutor's window-sill, which exactly corresponded with the knife—he very much wished to have the knife back again, and said if I gave him that I might keep all the rest—after arriving at the station, I found he had another waistcoat on—I searched him again, and found this piece of paper, which has been produced to the prosecutor—he very much wished to have that back—I asked where he went the night before—he said he went out at five o'clock to Hounslow, and went into Mr. Stacey's beer-shop, returned at eight, and went home to bed—the beer-shop is three-quarters of a mile from his house.
Barnes. I said I went to chapel at half-past six, that I went to Stacey's beer-shop, and after that went to Hounslow. Witness. He said nothing about chapel.
WILLIAM GRIFFIN . I am a policeman. In consequence of hearing of the robbery, last Monday morning, I went about a quarter before six o'clock to Deeley's house—I found him in bed—he came down stairs by his mother's order—I asked him if he had seen Barnes on Sunday night, between six and eight o'clock—he said, "Yes, I saw him as I was coming from Hounslow, in the Staines-road, and wished him good night; that is all I saw of him"—I afterwards went to Barnes, and asked if he had seen Deeley between six and eight—he said, "Yes, I saw him, and we went to
Hounslow together, went to a beer-shop, and had some beer together, and returned home together about nine"—I then went back to Deeley's house, and took him into custody on suspicion of the robbery—he said, "How can Mr. Williams suspect me? I know nothing of it"—I was present at the station when the paper was found on Barnes—he seemed anxious to keep it—I also saw the knife found on him.
LUCY SMITH . I live at Hounslow. Last Sunday evening, between seven and eight o'clock, I was in the tap-room of the King's Arms public-house, kept by Binfield, and saw the prisoners there—they had three pints of ale—I drank with them—they went out, and about ten o'clock at night they came in again—I do not know how long they staid, I left them there—they had some ale then, and changed a sovereign to pay for it—I saw Deeley pull out a silver watch and chain, which he showed to all the company in the tap-room—I had never seen the prisoners before that night—Deeley said it was his father's watch.
Deeley. I do not recollect any thing about the watch. Witness. A person asked what o'clock it was, and you pulled out the watch, and it was half-past eight.
JAMES BINFIELD . I keep the King's Arms public-house at Hounslow. The prisoners came to my house last Sunday night, about a quarter before eight o'clock—I never saw them before—they had three pints of ale—Smith was in the tap-room, and drank with them—they left, returned about ten, and had more beer—they paid me the first time in silver, and the first they had at ten o'clock they paid for in silver, but afterwards Deeley came to the bar with a sovereign, and I gave him change for it—I did not see the watch.
Deeley's Defence. I was at Stacey's at seven o'clock, and remained till half-after eight. I went from there to the Bell, and had a pint of ale, and went to Binfield's about a quarter after nine. As to any thing else, I do not recollect any thing about it Mrs. Stacey told the policeman we were there at seven o'clock.
BARNES*— GUILTY . Aged 17.— Transported for Ten Years.
DEELEY—GUILTY. Aged 15.—Recommended to mercy.— Confined Six Months.
MRS. FRANCES BLAIR . I am the wife of the Rev. Samuel Blair, and live in Apollo-place, Ryder-street, Chelsea—the prisoner was in our service from the beginning of November till the 15th of December. On Monday, the 14th of December, I missed a silver spoon, and asked if she knew where it was—she said she did not know—next morning, when I came down stairs, I found she had gone away without the least notice—the spoon now produced is mine, and the one I missed.
Prisoner. The lady told me to leave her house, and get some work—I waited till nine o'clock next morning, and she did not come down. stairs. Witness. I did not tell her to go.
for 5s. by a woman in the name of Ann Bailey, and I believe by the prisoner.
REV. SAMUEL BLAIR . From information I received I went to James-street, Kensington, and found the prisoner there—I said I felt almost convinced that she must have taken the spoon and other property from the house—she denied every kind of knowledge of it a dozen times—ultimately I said, "Can you tell me where this spoon, or any other part of the property, is?"—after considerable hesitation she said the spoon was in a pawnbroker's shop in King's-road—I said it was rather a long street, but she gave me no other information.
Prisoner. He said if I would tell him where it was be would go immediately, and get it, and would be very sorry to hurt my character; he would sooner give me a present; he said he would not do it for the world, and being a gentleman, I expected to take his word, not only about that, but many things he promised roe before, in his house. Witness. I did not say so—I certainly said I had much rather have a candid confession, and signs of reformation, than punish, but I held out no promise.
Prisoner's Defence. I did all the work of the house, and washed for all the family. Mr. Blair several times promised to give me new shoes—I was nearly blind with getting so wet in my feet.
GUILTY . Aged 48.— Confined Six Months.
487. MARY SMITH was indicted for stealing, on the 5th of December, 2 sheets, value 6s.; 2 blankets, value 9s.; 2 pillows, value 5s.; 1 bolster, value 4s.; 1 carpet, value 4s.; 1 curtain, value 1s. 6d.; and 1 flat-iron, value 6d.; the goods of James Richardson.
SARAH RICHARDSON . I am the wife of James Richardson, and live in Cloth Fair. On the 5th of December, the prisoner and another woman came and took a furnished room in my house—they represented themselves as sisters, who took in needle-work, and remained there from the 5th to the 15th—I was in the room when they were taken into custody—I missed the articles stated.
STEPHEN WHITTAKER . I am assistant to my father, who is a pawnbroker, in Long-lane, Smithfield. I produce a pillow, pawned for 18d., in the name of Mary Smith, on the 8th of December—a curtain on the 9th for 1s.; a blanket, for 2s., on the 10th; a sheet and carpet on the 12th, for 1s.; and an iron, for 4d., on the 14th, all by the prisoner.
(The prisoner put in a written defence pleading poverty.)
GUILTY . Aged 26.— Confined Three Months.
NEW COURT.—Thursday, January 7th, 1841.
Sixth Jury, before Mr. Common Sergeant.
488. DAVID MURRAY was indicted for stealing, on the 27th of December, 1 till, value 2s.; 2 half-sovereigns, 1 crown, 6 half-crowns, 27 shillings, 8 sixpences, 4 groats, 15 pence, 52 half-pence, and 66 farthings, the property of Robert Ambrose Hall; to which he pleaded
GUILTY . Aged 16.— Confined Five Days.
GUILTY . Aged 17.— Confined One Month.
GUILTY . Aged 18.— Transported for Seven Years.—Parkhurst.
491. HENRY DICKENS was indicted for stealing, on the 25th of August, 1 microscope, value 1l. 5s., and 3 pairs of spectacles, value 4s.; also, on the 6th of August, 21 pairs of spectacles, value 11l., and 4 sets of spectacles, value 2l. 18s., the goods of Nathaniel Whitehouse; to which he pleaded
GUILTY . Aged 5l.— Confined One Year.
GUILTY .— Confined Six Months.
GUILTY . Aged 18.— Confined Three Months.—The last Week Solitary.
494. THOMAS WILLIAMS was indicted for stealing, on the 19th of December, 14lbs. weight of beef, value 8s., the goods of Henry Oxley; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 16.— Transported for Seven Years.—Convict Ship.
GUILTY .— Confined Three Months.
GUILTY . Aged 39.— Confined Three Months.
GUILTY .— Confined Three Months.
GUILTY . Confined One Month.
WILLIAM WOOLLEY . I am a chemist, and live in Regent-street, West-minster. About five o'clock on the 29th of December, I was walking from the Serpentine river—when I got to the foot-path I was obstructed by some hurdles—the prisoner came up—I asked her how far the hurdles continued—she told me to go to a place where there was a path—she asked me to go with her—I refused, and then she asked me again—I refused—when I came to the path, I found the hurdles still continued—she put her hand in my left-hand trowsers-pocket, and took out 14s. 6d.—there were two half-crowns, and the rest in shillings and sixpences, in a linen bag—the money was found on her.
Cross-examined by MR. DOANE. Q. What were you doing? A. I was returning home—I was at the Kensington end of the Serpentine, and was going towards Hyde Park Corner—I was not in the public path, but making for it when I met the prisoner—she addressed me—it was twilight—I had this coat on, and my cloak, which was not fastened at the neck—I felt her hand in my pocket—I was quite sober.
JOSEPH MOUNT (police-constable C 115.) I took the prisoner to the station—she took 18s. 6d. out of her pocket and gave it into my hand—I did not find the bag—there was four half-crowns in the money she gave me.
NOT GUILTY .
JOHN FREDERICK SIMONS . I am shopman to Benjamin and John Matthews, pawnbrokers, in Liquorpond-street. On the 18th of December, I saw the prisoner taking down this shawl, and putting it under her shawl—she was about taking another, but saw me and ran off—I pursued, and took her with it—she gave it up to me, and said it was the first time.
Prisoner. He said there was another girl with me. Witness. Another girl interceded, and tried to take her from me—I am certain it was the prisoner that took it.
Prisoners Defence. The shawl was thrown on me—I did not take it.
GUILTY . Aged 18.— Confined Three Months.
OWEN ROBERTS . I am a linen-draper, and live in Brewer-street, Golden-square. At half-past nine o'clock on the 29th of December, the two prisoners came to look at some brown holland—Perkins bought three-quarters of a yard—after that they both requested to look at some shawls, which the young man showed them—they objected to the pattern—he went to the farther end of the shop and got some more—they did not buy them, but wished to look at some mouseline-de-laines—Perkins purchased one dress, and requested
it to be put by—she tendered a sovereign to pay for the brown holland, which I gave change for, but not seeing her paying any thing off the dress she chose, I asked to send it home or take her address, or for her to pay something as a deposit, but not doing so, I had some suspicion—I watched them both, and perceived something bulky under Williams's shawl—I went out of the shop, and spoke to a policeman—I returned, and in two or three minutes after they both left—the policeman was out-side—he caught Perkins, and I Williams, and a dress fell from her, which I had seen under her shawl when she left the shop—the other was under her shawl.
ALFRED FELTON (police-constable C 128.) I watched at the window, and saw Perkins with this dress in her hand—in a minute or two I saw her put it under her shawl—shortly after they left the shop—I went to Perkins and said, "You have stolen something from Mr. Roberta's counter," and feeling under her shawl I found this dress.
Cross-examined by MR. CLARKSON. Q. Did she say any thing? A. She said she had not taken them, and wherever the gown-pieces came from they came from Williams, and that Williams must have handed them to her—Williams had one of the dresses on her arm.
Williams. He pulled us about shamefully, and told us in the cab that we should be sent across the seas. Witness. She asked me whether they would be detained in prison—I said it was very likely they would be sent across the seas.
(The prisoners received a good character.)
PERKINS— NOT GUILTY .
WILLIAMS— GUILTY . Aged 22.— Confined Three Months.
JONATHAN GILDER . I live in Great Saffron-hill. Between three and four o'clock on the 28th of December, I heard the fall of glass—I opened the window, looked out, and saw the hand of a man taking the casement out of a room in the adjoining house, which belongs to Mr. Blackburn—I called a neighbour—we went up and found the prisoner in the same room that I saw the casement go out of.
JOHN LOVELL . I was the first that entered the room—the prisoner stood up in a cupboard to conceal himself—the casement was by his side—there was nobody else there—I asked what he was doing—he made no reply—I sent for the owner of the house, and then he said he thought the house was in Chancery.
Prisoner's Defence. I had no lodging, nor money to pay for one—I went in, and there were five boys inside, who cut through the house and got away.
GUILTY . Aged 30.— Confined Six Months.
JOSEPH COLLINS . I am shopman to my mother, Ann Collins, who lives in High-street, St. Giles's. On Saturday night, at half-past five o'clock, I saw three persons come to the shop window—one of them took a light
from the gas at the window, and then the prisoner, who was one of them, took the hat—he ran off—I pursued, and took him two doors off, with this hat, which is my mother's.
GUILTY . Aged 29.— Confined Six Months.
PATIENCE PUTMAN . I am in the service of Mr. Blower, in Henrietta-street. The prisoner occasionally came to clean knives—he came at ten minutes before eight o'clock on the morning of the 27th of December, and went for some water—he did not return as usual—I had left four half-crowns on the dresser-shelf the night before, about ten o'clock—no one had been there between that time and his coming—there is another servant—I missed my money about half-past eight—no one had an opportunity of taking it but him.
Prisoner's Defence. I took my pitcher for water and broke it—I was afraid to go back again—the officer took me—I said I was very sorry—I did not take the half-crowns—I never saw them.
GUILTY .* Aged 21.— Transported for Seven Years.
505. MARY SULLIVAN was indicted for stealing, on the 27th of December, 1 purse, value 6d. 1 pocket-book, value 6d. 13 sovereigns, 8 shillings, 4 sixpences, and 1 order for the payment of 4l. the property of William M'Cutcheon.
WILLIAM M'CUTCHEON . I am a mariner. On Sunday night, the 27th of December, I met the prisoner in Twine-court, Shadwell—she took me by the hand and led me to her room—I sent for a pot of beer, and then for some gin, and while she was gone I counted my money, and put it into my trowsers' pocket—I had thirteen sovereigns and some loose silver—I had a pocket-book, and a 4l. advance-note in it—when the gin came, we were about an hour sitting by the fire and drinking—she then said we must go to bed—I saw the room-door bolted—I put my trowsers under my pillow under my head—she said, "What do you do so for? don't be afraid, nobody ever comes here"—I said, "I always do"—she then said, "You must spread your coat over the bed"—which I did—my pocket-book was in my coat-pocket—about twelve o'clock I heard the prisoner shut the door—I awoke up as soon as I heard it, and found my trowsers were partly drawn from under the pillow—I put them on as quick as I could, and found the money was gone from them—I put my coat on, and my pocket-book was gone from it—I am sure the door was bolted at night.
ANN ROBINSON . I keep Nos. 1 and 2, in Twine-court. On the evening of the 27th of December, the prosecutor brought another female to the house first—he sent out for gin and tobacco—he then went out, and about eight o'clock the prisoner came and said she would take the prosecutor home with her, and if she got a few shillings she would spend them in the morning—she took him home—she came to me again for a pot of porter, she then came in again—about twelve I heard her go past the door
very quickly—I know her footsteps, and to the best of my knowledge it was her—she did not return—I did not see her again till the following Saturday.
WILLIAM LEE (police-constable K 268.) I was looking after the prisoner from that Sunday till the following Saturday, when I took her in Ratcliffe-highway—I told her I wanted her for robbing a man of thirteen sovereigns—she said, "Would you like me to tell you all about it?"—I said, "Do as you like"—I took her to the station—there was only 1d. found on her.
Prisoner's Defence. They bundled him out with two women, he came and asked me to get the mud off hit clothes—he then said, "Let me stay here, and I will pay you for my bed"—he sent me out for a pot of beer, a quartern of gin, some bread and cheese, and then I went out, met a friend, and staid drinking till morning—I did not see any of his money at all.
GUILTY .* Aged 32.— Transported for Seven Years.
LEWIS SOLOMONS . I am in the service of Abraham Davies, who keeps a glass and china shop in High-street, Bloomsbury. On Sunday morning, the 27th of December, between nine and ten o'clock, I saw a man at the bottom of the shop, walking out at the private entrance—I went and stopped him before he got into the street—it was the prisoner, and he had these three cruet-stands on him which are my master's.
GUILTY .** Aged 25.— Transported for Seven Years.
507. JOHN MORTON was indicted for stealing, on the 29th of December, 2 planes, value 8s. 6d.; 2 squares, value 6s.; 1 bevfl, value 3s.; and 3 saws, value 16s., the goods of Joseph Hillier: and 2 locks, value 12s. 6d., the goods of George Webb.
JOSEPH HILLIER . I am a carpenter in the employ of Robert and George Webb, who are building a house at the corner of Chamber-street, Whitechapel—on Monday night, the 28th of December, I left a basket of tools in the closet in the first floor room, and the next morning it had been broken open, and the property stated gone—these articles produced are mine—my mark is on the planes and on the handle of the saws—here it the iron with which I marked them—the person who took them mutt have got over a wall and down the area, up the kitchen stairs, and broken open the cupboard.
WILLIAM ARGENT (police-constable H 126.) I went to Mr. Travers, a pawnbroker in Whitechapel, on the 31st of December, as I was coming out of the shop the prisoner went in—I stopped against the window about a minute—the shopman came out, and said there was a man come in with some new locks—I went in, and the prisoner said be bad bought the locks in the Borough—the shopman said, "Did you not put some saws and other things in this morning?" he said "Yes," and the shopman gave me these articles—I stopped him with the locks.
Prisoner's Defence. I bought the planes and two saws on the 30th of
December in Petticoat-lane; I pawned them; the others I know nothing of.
(Jane Butler gave the prisoner a good character.)
GUILTY . Aged 23.— Transported for Seven Years.
GUILTY. Aged 27.—Recommended to mercy .— Confined Six Days.
509. PETER COLLINS was indicted for stealing, on the 29th of December, 1 waistcoat, value 9d., the goods of Henry Francis Berridge; 1 pair of trowsers, value 1s.; and 1 comforter, value 6d., the goods of Henry Wellesley Balliston; and two hammocks, value 4s., the goods of John Dinning; in a certain vessel in a port of entry and discharge.
HENRY FRANCIS BERRIDGE . I am an apprentice, on board the barque Superior, in the London Docks. The prisoner came on board on the 29th of December—he had no bundle when he came on board—I afterwards saw him with one, and asked what he was going to do with it—he said, to take it away, and the men had given it to him—I took it aft, and found my waistcoat in it, and this pair of trowsers, a comforter and braces, and two hammocks—this is my waistcoat—he said I might take my own clothes, and asked me if I would sell him the other things.
JOSEPH JOHN LEWIS . I am a Thames-police-inspector. I was watching the prisoner for nearly an hour—I saw the lads cavilling with him—I jumped on board and took him—the captain said the hammocks belonged to the ship—the prisoner did not say then that the things were given him.
Prisoners Defence. I was employed to carry the sailors' things—they gave me some old clothes, and some rags which they did not want—I asked them to tell the men to come and prove that they gave me the things.
GUILTY . Aged 21.— Confined One Year.
510. HENRY DAY was indicted for stealing, on the 23rd of November, 32 packets of perforated cards, value 9s. I embossed card, value 1s.; 3 reams of note-paper, value 2l. 8s.; and 1 ream of letter-paper, value 20s.: also, on the 10th of December, 5 quires of embossed paper, value 30s.: and, on the 18th of December, 72 packs of perforated cards, value 3l. 12s.; the goods of Henry Dobbs, his master; to all which he pleaded
GUILTY. Aged 19.—Recommended to mercy.— Confined Six Months .
511. ELLEN MORIARTY was indicted for stealing, on the 28th of December, 1 watch-stand, value 6d.; the goods of Francis Cottrell; 1 watch, value 1l.; 1 seal, value 4s.; 1 watch-key, value 6d.; and 1 watch-chain, value 6d.; the goods of Francis Cottrell, from his person.
FRANCIS COTTRELL. I live in Hoxton. On the 28th of December I met the prisoner, and went to her house—when I got there I fell asleep—I had my watch and other things safe in the room—I missed them when I awoke, about half-past three o'clock in the morning—the prisoner was not there—I went with the officer to a house opposite, and found my watch under the grate, in the room where she was—this is it—(looking at it) this watch-stand is mine, I had bought it—that was gone as well as my watch, and was found in the same room.
found her in a room—this watch was under the grate, and this stand in the same room.
Prisoner's Defence. I am innocent—he sat down and fell asleep—I went out and met some friends, who detained me—I then went to another room to get a light, the prosecutor and officer came and found these things there—I bad not seen them before.
GUILTY . Aged 20.— Confined Three Months.
MR. PAYNE conducted the Prosecution.
AMBROSE PIPER . I am foreman of the labourers to Mr. Joseph Fletcher, of Union Dock, Poplar; the prisoner was a shipwright there. About a quarter before eight o'clock, on the morning of the 31st of December, I saw him near the warehouse-door—I watched him, as I had received instructions, and I saw him go into the warehouse twice—when he came out the second time he went towards the gate—I overtook him, and asked if he had got any thing—he said, "No"—I took him into the lobby, over-hauled him, and found 4lbs. weight of composition nails in his hat—I put them on the desk, and tent for a policeman—I saw the porter take some nails up—there were nails of that description in the warehouse.
PETER WILSON . I am porter at the Union Dock. While the prisoner was standing before the fire, I heard something drop from him, and under the grate I found 2lbs. weight of the same nails as were in his hat—he had been standing with his back to the grate, and his hands behind him—the nails were not there before.
GUILTY . Aged 45.— Confined Six Months.
513. PATRICK SANTREE and BRIDGET SULLIVAN were indicted for stealing, on the 19th of December, 30 wooden boards, value 4l. 10s.; 11 wooden joists, value 30s.; and 9 pieces of wood, value 1l.; the goods of George Willis; and fixed to a certain building.
MR. BALLANTINE conducted the Prosecution.
GEORGE WILLIS . I keep the Red Lion public-house, and am proprietor of some houses in Well-street, Poplar. Santree rented one of them of me, and Sullivan lived with him—about five or six months ago I went and found the flooring-boards taken up, and used for building pig-sties—Sullivan was present—I told Santree he must replace them, or else I should be obliged to take him before a Magistrate—none of the joists had been removed—I went again, about three weeks ago, and found no joists, no floor, and two courses of bricks were taken out, to get the bond-timber out, and a piece of timber was put up, to keep the roof from falling in—I told him the ground landlord had been to me, and there was a piece of work about it—he after that removed to No. 14, Ann-street, Bromley—I went there in search of my property, which had then been removed altogether from my premises—when I went Sullivan opened the door—I asked her about some wood that the pig-sties had been made of—she said, if I took them away I must put them up again—she claimed the wood—I knew the boards the pig-stye was made of, they came from Well-street, the house they had occupied of me—there were one or two pieces at Ann-street which were not in the pig-stye at Well-street—when I went the second time, I said there had been a bother about these premises, and
Santree said, "I have patched them up"—I said they must be put to rights.
Cross-examined by MR. DOANE. Q. How long had Santree been resident there? A. Three years—he had one house and two back premises—he paid 5s. 6d. a week for the whole—the back premises were not fit for living in, they were good brick-built rooms—he might use them as he thought proper—six months ago I observed some wood gone from these back premises, and I told him to put them to rights—about a fortnight or ten days before he ceased to be my tenant, I went again—the joists were not removed six months ago—they formed part of the pig-sty in Well-street—no part of the pig-sty remained in Well-street—Sullivan is Santree's wife's sister.
MR. BALLANTINE. Q. Between six months ago and the time you went again, had further pieces been removed? A. Yes, all the joists—my telling him it must be set right, had no reference to these joists—I gave him no authority to remove them—the value of the wood taken away was 7l. or 8l.—it would take above 40l. to repair the damage.
ROBERT AYLIFFE (police-constable K 270.) I took Santree, and asked if he knew any thing of the prosecutor's wood-work—he said he did not—I afterwards went to the premises, and saw they were in the state described—I then went to Ann-street, and saw Sullivan there—I asked if she knew any thing of Santree—she said she knew nothing about him—I asked if she had a man to sleep there at night—she said she had not—I asked if she had lived in Well-street—she said she had—I asked if she had any pigs—she said she had—I went into the yard and found two pigsties—some of the wood had been cut a long time—some rafters had been split within a day or two to make the roof of the pig-sties—I found eight or nine flooring-boards, and two pieces of joists—I asked where she got them—she said she bought them some time ago of a person in the East India road—another morning I went with the prosecutor and showed him the property—I then took Sullivan—here are the boards and joists.
WILLIAM HUNT . I used to work in the house occupied by the prisoner. I put some pieces of wood there—I should know them again—this is part of one of the long posts which I put under the back building, and this is the fellow-one to it—I have not been to the house since—this short piece which fits into the wall, is a piece of bond-timber.
Cross-examined. Q. How long is it since you saw these story-posts? A. Three or four years—I put them up—the premises wanted something doing to them every eight or nine months—when the prisoner first went there they were in good order.
JAMES LANGDON . I built this house. I have looked at these joists—I fully believe them to be part of the house—it is a small house—I put in a girder right through, and the girder bore them up—I have been to the house since—it is now vacant—every thing is gone—there is nothing in the place but a little bit of something to keep the roof up, and the brickwork is shoved down.
SANTREE— GUILTY . Aged 25.— Confined Three Months.
SULLIVAN— NOT GUILTY .
NANCY HODGES . I am the wife of Thomas Hodges, a linen-draper in Tottenham Court-road. Between seven and eight o'clock last Saturday evening, I saw the prisoner and another person by my door—I do not know whether the other person was with him—a man opened the door, and said something was gone—my husband and a lad ran out—I missed two pieces of calico, measuring about thirty yards, from my door—it had been safe not two moments before—this is it.
BOYDELL ROBINSON . I am apprentice to the prosecutor. I ran out and turned down Francis-street, and saw some one with the calico—I could not see who it was, but the person let it go—I took it up—I saw the person at the end of the street—he was a short person, about the size of the prisoner—he ran down the street, and was stopped at the bottom of the street.
JOHN WALTER (police-constable E 110.) I heard the cry of "Stop thief"—the prisoner was the first person running—I ran and caught him—I said nothing to him, but he said, "It was not me"—he said nothing else.
NOT GUILTY .
THOMAS SHEARMAN . I am a coach-trimmer, living at Barnet. On the 25th of December, I slept at William Robinson's, in Church-row, Edmonton—I left my great coat and comforter behind the side door—I saw it soon after eleven—the next morning it was gone—(examining the property)—this is my coat—I lost such a comforter and such a box.
JOHN SHEARMAN . I lodged at this house—I got up about five o'clock in the morning, and the back door was unbolted—the prisoner is the brother of William Robinson—he was given into custody the week after.
Prisoner's Defence. I bought the duplicate of a young man out of employ.
GUILTY . Aged 23.— Confined Six Months.
FREDERICK BRANDON . I live at Battle Bridge. The prisoner is my brother—I left him on the 4th of January in my work-shop, and told him not to leave on any account—I returned in about an hour, and the prisoner was gone—I saw no more of him till four o'clock—I had missed a pair of boots, and asked him where they were—he said they were down stairs—he went to look for them—he then said he had sold them for 8d., in Westbourn-street, Somers-town—I went there, and found them—these are mine—(looking at them—they are worth 5s.
GUILTY .** Aged 13.— Transported for Seven Years.—Parkhurst.
PHILIP SPEYER . I live in Holborn. On the 5th of January I was just speaking to a customer, when the prisoner put his foot into the shop, tore down this cloth, and ran away—I ran, and did not lose sight of him till I got to Lincoln's Inn-fields—the policeman came before him, and saw him drop it—a gentleman assisted me to catch him—I am sure he is the person—I knew him before.
GUILTY . Aged 19.— Confined Six Months.
JAMES MENSON . On the 5th of January I was going along between Wapping-wall and High-street—a boy followed me for about a quarter of a mile—I then felt some one touch my coat flap—I turned, and saw the prisoner running away—the policeman pursued him—the prisoner dropped my handkerchief, and the officer took it up—the handkerchief produced is mine.
JAMES JONES (Thames police-constable, No. 56.) I saw the prisoner take this handkerchief from the prosecutor's pocket, and put it into his bosom—he ran, and I pursued—I fell down—he dropped the handkerchief—I took it up, and took him.
GUILTY . Aged 17.— Confined Four Months.
MARY ANN POULTER . I am the wife of Edward James Poulter, of Somers-town. On the 2nd of January the prisoner came for a pair of shoes for her little boy—she paid me for a pair, and I observed the string of a pair which I had shown her on her arm—she left, and I missed one pair of shoes—I sent my boy after her—he brought her back, and a strange boy brought in the pair of shoes I had missed—they were muddy—he said, "Here is a pair of shoes dropped."
Cross-examined by MR. CLARKSON. Q. Were those you sold her the same sort as those you missed? A. They were rather larger, and of a different shape—she had stooped down, and tried on several pairs, and I assisted her.
THOMAS PRIDHAM . I am the shop-boy. I went after the prisoner—I told her she had a pair of shoes—she said she had not—she came back, and a boy brought in a pair of shoes—he did not say how near he picked them up.
NOT GUILTY .
RACHEL REYNOLDS . I am the daughter of Mary Reynolds, who keeps a shop in Hoxton Old-town. On the 1st of January, at half-past eight o'clock in the evening, I was sitting behind the counter—a man stooped, and took up this roll of linen cloth—I ran, and called my brother, who ran after the man, and brought him back—this is my mother's cloth.
SAMUEL REYNOLDS . I received information, and ran out—I saw the prisoner, with the cloth under his arm—he was stopped, but he had thrown down the cloth then—I am sure he is the man who threw it down—I brought him back, and the officer took him.
Prisoner. I had been seeking for employment, and ran, as I was cold.
GUILTY .* Aged 19.— Transported for Seven Years.
GEORGE WOOD . I live in Ironmonger-row, St. Luke's. The prisoner was my apprentice. On the 18th of December I went into the room adjoining my work-shop, about one o'clock, to dinner, and left the prisoner in my work-shop—I went back in about twenty minutes, and the prisoner was gone, and four pairs of shoes, which I had seen safe about eleven o'clock—no one but him could have taken them—I have never seen them since.
GUILTY .** Aged 14.— Transported for Seven Years—Convict Ship.
ROBERT JAMES BRICKMAN . The prisoner was my servant—I sent him on the 2nd of January with a cheque for 11l. 16s. 1d. to Dorrien's, for change—it was his duty to bring it back to me, but he did not return.
MR. BRICKMAN re-examined. This is the cheque I gave the prisoner—I expected him back in an hour.
WILLIAM TERRY . I am an officer. I was at the Nag's Head public-house, at Southampton—I observed the prisoner there spending money very freely—I heard he was going to leave to go to Portsmouth—I went to his room the next morning, and said, "I want you"—he said, "Has the governor sent you after me already—I believe your name is Forrester, from the Mansion-house?"—I said, "Yes"—he handed me some money—I said, "This is not all, where is the rest?"—he said, "The cheque was only 11l. 16s. 1d."
GUILTY . Aged 21.— Confined Six Months.
DANIEL DAVIES . I am a glass and china dealer, and live in Church-lane, Whitechapel. I was in my parlour on the 4th of January, about eight o'clock—I saw a hand remove a frame of cruets from the window—I ran out, and saw the prisoner running—I lost sight of him for a moment when he turned the corner, I then saw him again, and he threw them from him—the cruets were broken—here is the stand—the prisoner was brought back in about a minute—I am sure he is the person.
Prisoner's Defence. I did not take it, I never saw it till I was at the station.
GUILTY . Aged 17.— Confined Three Months.
GEORGE SPENCE . I am master of the Lowland Lass, lying at Rotherhithe. On the 5th of January at night, I met the prisoner in the street; I asked him my way down to Dock stairs—he directed me and left me—I immediately missed my watch, which had been in my watch-pocket, and my handkerchief—I gave information to the police—this is my watch and handkerchief.
RICHARD CROUCHER . I am a Thames-police inspector. I met the prisoner on Wapping wall, and asked what he had done with the captain's watch—he said he had no watch, and had not seen one—I found this watch and handkerchief on him.
Prisoner's Defence. The prosecutor had been drinking with a girl, and he gave me the watch.
GUILTY . Aged 16.— Confined Six Months.
WILLIAM REYNOLDS . I am in the service of Mr. William Crew, a butcher at Stepney—I missed a piece of beef on the 5th of January, from the front board of the shop—I saw two boys at the corner of London-street—I could not catch them—I do not know the prisoner.
Prisoner's Defence. I saw a lot of boys, and this beef was lying on the curb stone.
NOT GUILTY .
Fifth Jury, before Mr. Recorder.
MOORE pleaded GUILTY . Aged 14.— Confined Fourteen Days.
SAMUEL GAMBLE . On the 19th of December, I was at the White Hart public-house at Hounslow—I had my father's horse and cart at the door—his name is William Gamble—I had a horse-cloth buckled over the horse and secured to the shafts—on going out to go home in the evening, I missed the cleth—I had seen Hughes in the public-house about half an hour before—I saw the cloth again in Mr. Brown's stable—this is it.
EDWARD GODFREY (police-constable D 73.) On the 19th of December I saw Samuel Gamble, and from what he said, I went with him to Chertsey to Hughes' house—Hughes said, he did not know any thing about the cloth—we then went to Mr. Brown's stable—Hughes said, if it was in the stable, the boy must have put it there—I found the cloth in the stable—I called Moore, and asked him in Hughes's presence, how he came to take the cloth—he said, it was Hughes took it—Hughes said, it was not him—Moore said again, "It was you that took it off the horse, Bill"—he repeated that again, and at the bench, he said, that Hughes put it into the wagon.
WILLIAM BROWN . I let out vans and carts—Hughes drove my wagon between two and three years off and on—he did soon the 19th of December—I cannot say what time he came home—he lives in Chertsey, near my stable—he had charge of my stable—we have no key to it—there is
a bolt and a string—he opens it and goes in when he pleases—Moore was employed under Hughes—on the 19th of January my wagon had been to London, and on its return it stopped at the White Bear, at Hounslow—I was there at the time and saw Hughes there.
HUGHES— NOT GUILTY .
527. GEORGE TEAL was indicted for stealing, on the 16th of December, 13 feet of lead pipe, value 30s., the goods of George Hebden Gray.—2nd COUNT, stating it to be the goods of the Sheriff of Middlesex.
MR. BALLANTINE conducted the Prosecution.
GEORGE GIBBS . I live in Brownlow-street, and am an officer of the Sheriff of Middlesex. I was in possession of the premises of Mr. George Hebden Gray, in George's-row, St. Luke's—I have the warrant under which I was in possession—I got it from the Sheriff's office in Red Lion-square—I put the prisoner in as my man—on the 17th of December I received information, and went to the station—I found the prisoner there in custody.
Cross-examined by MR. JONES. Q. How long have you known him? A. A year and a half—I employed him occasionally in taking possession for me—I always heard a good character of him—he is married, and has several children—when I went first to this place I found my claim resisted—all the property was claimed on behalf of a person named Wilson—I saw Wilson shortly afterwards, but he was not present at the time I levied the execution—it was an execution against Gray—there was none of his family there—it is a warehouse—there was a person there to look after the property—I cannot say whether he was employed by Gray or Wilson.
MARY ANN GRAY . I am the wife of "George Hebden Gray, of Finsbury-place; I am a manufacturing chemist—the manufactory is at No. 28, George's-row, and No. 22, Nelson-street—the premises join—it is in St. Luke's parish—I remember the sheriff being in possession of the manufactory—on the 16th of December, about ten o'clock at night, I was fetched to the manufactory by our foreman, who was there to take care of the property—I found the policeman in the passage, with this leaden pipe in his hand—I know this pipe, it was used in the manufactory for steam, and also for white lead—I have looked at the place where it ought to have been, and it is missing—the prisoner asked me if my name was Gray—I said it was, and it was a very hard thing to be fetched out of a sick room to attend to a person who was left in possession—he said, "Pray forgive me, I have got a very large family"—T then gave him in charge—he said, "Pray forgive me; I took that lead, that is all I have done"—this pipe is worth about 30s., it was made to my order.
Cross-examined. Q. Did I understand you that you are a manufacturing chemist? A. I am—I was in business—I am the wife of George Hebden Gray, but be knows nothing about the manufacturing—I have been married twenty-one years—my husband has never carried on the business—it has been in his name, but I was the person working it—I have no marriage settlement—I was not in possession of this business before I married—there is no person in partnership with Mr. Gray—I identify this pipe by the alum inside it, and by the screws on it, which were made by my direction—I had not threatened to prosecute the prisoner before he said any thing to me—I said if there was no further charge
against him besides this pipe, I would forgive him—that was after he asked me to forgive him.
HENRY WEBB . I am a policeman. On the night of the 16th of December, at half-past nine o'clock, I was going down George's-row, on the opposite side to the manufactory—I saw the prisoner with his hands in his pockets, leaning against the manufactory door—I went down to the bottom, and saw a female going along on the opposite side, as if from the manufactory—I stopped her and found this pipe under her cloak—I took her back to the manufactory—she knocked at the door, and the prisoner opened it—I had the pipe in my hand—the prisoner said, "Oh, policeman, it is all right; it is my perquisite"—I said, I did not think it was all right—he then said he had got a large family, that he took it to make a few shillings of—he asked for forgiveness, and offered to put something into my hand, which he said was half-a-crown—I shut my hand, and said I would not be bribed by any one—I asked if there was any one else on the premises, and Mr. Brown came—I sent him for another constable, instead of that he went to Mrs. Gray.
JOSEPH SHACKLE . I am a police inspector. On the 16th of December, at night, the prisoner and a female were brought to the station, with this lead—I cautioned the prisoner not to answer me without he thought proper—I said, "Is this your daughter?"—he said, "Yes"—I said, "Did you give this pipe to your daughter?"—he said, "Yes, I took it improperly, and I beg forgiveness"—he said he was put in possession of the premises by Mr. Luckett, a sheriff's officer—two warrants were found on him, which bore the names of Luckett and Gibbs.
528. GEORGE TEAL was again indicted for stealing, on the 14th of December, 8 feet of lead pipe, value 1l.; 3 feet of copper pipe, value 15s.; 1 gas bottle, value 2s.; 3 locks, value 1s.; 1 hammer, value 6d.;2lbs. weight of brass, value 6s.; and 1 brass screw, value 5s., the goods of George Hebden Gray.—2nd COUNT, stating them to be the goods of the Sheriff of Middlesex.
MR. BALLANTINE conducted the Prosecution.
HENRY WEBB . In consequence of what was stated in the last case, I went to the prisoner's lodgings on Thursday morning, the 17th of December—I found all the property stated in this indictment secreted under the bed.
Cross-examined by MR. JONES. Q. How do you know it was his lodging? A. He gave the direction, No. 10, Jerusalem-passage—I went there, and it was a cook-shop—they did not know him—I then went to No. 10, Jerusalem-court—they said there was such a person lived there, and there I found these things in the one-pair front room—the prisoner never told me that he lived there.
JOSEPH KELSBY . The prisoner lodged in a house of mine at No. 10, Jerusalem-court—he has been a tenant of mine there for ten months—he paid me rent for it up to December—his wife and family are there now—it is the one-pair front room—I have not seen him there since August last—his wife has paid me.
COURT. Q. Do you know of any other room he had? A. No.
with the exception of this piece of lead—this copper pipe belongs to an apparatus—this pump is ours, and this pipe, which is eight feet long—my husband's name is George Hebden Gray.
Cross-examined. Q. When was the last time you saw any of these articles on the premises? A. Six weeks before the night of the 16th of December.
(The prisoner received a good character.)
GUILTY. Aged 44.—Recommended to mercy by the Prosecutrix.
Confined Nine Months.
WILLIAM HUDSON . (The witness being deaf and dumb, his evidence was communicated by an interpreter.) I live with the prisoner in a room in Brown Bear-alley. On boxing-night, or early on Sunday morning, I put two sovereigns and one half-sovereign in this tin box with some silver, wrapped up in these two papers—I put it into my box—I got up, and found the outside paper on the floor—I went, and searched my pocket for the keys—I had suspicion I had lost my money—I unlocked my box, looked for my money, and missed the two sovereigns and one half-sovereign—I found the keys that morning under the bedstead—I had left them over night in my trowsers' pocket, and doubled them up, and shoved them under the head of my pillow—my silver money was safe—it was in the box rolled up in paper—the prisoner was gone when I missed the money—I saw him next on the Monday—I fetched him home, and took him up stairs to my landlady—I went after a policeman—the prisoner, could understand when I was making signs to him—I asked him if he had any money—he said "No"—I found 16s. 4d.; on him, some in his waistcoat pocket, and some in his trowsers' pocket, and the paper which had contained the gold money, in his coat pocket—I knew it by the letters printed on the top of the paper "M. T. W."—the prisoner was out all Sunday night—I found him next day in a public-house in Rosemary-lane—I do not know the sign.
Prisoner. He was out on Christmas night, and did not sleep at home. Witness. I was at home on Christmas night—we both slept together—I do not know that he would ever rob any body—he never robbed me before.
WILLIAM POUNSBY , (the interpreter.) I have known the prosecutor between six and seven year—I had no communication with him on this subject, till the Monday after Christmas, and then he told me by signs the same story as he did the policeman—I believe him to know the nature and obligation of an oath.
THOMAS ARNOLD (police-constable H 127.) I was fetched to where the prisoner and prosecutor lived—the prosecutor gave him in charge by signs—he showed me the tin box where he had lost his money from, and some person had written down on his box 2l. 10s., and the landlady told me that was the amount he had lost—he delivered 16s. 4d. to me and two pieces of paper—one got torn, which made a third—the prisoner said he was innocent—I asked him where he got the 16s. 4d.—he said his brother gave him 2s., his master 7s., which he earned, and his cousin gave him 10s.—I asked him how he came by the paper which the prosecutor gave me—he said he might have picked it up—here are on one of these pieces of paper three letters in print—I distinctly recollect how he accounted for the
money—he said he received 10s. from his cousin, John Lynch, of Marl-borough-mews, Blenheim-street—I took down the direction, and he said it was right that Crawley gave him 7s., and his brother gave him 2s.
JOHN LYNCH . I am a tailor, and live in Marlborough-mews, Blenheim-street, Oxford-street. The prisoner is my second cousin—he came to me on the Sunday after Christmas-day—I went with him to a public-house—he had his brother with him, and a man named Neale—I did not let him have any money.
PATRICK CRAWLEY . I am a tailor, living in Buckley-street, Whitechapel. The prisoner worked with me for some weeks—he worked in Christmas week—on Christmas-eve there were 2s. 4 1/2 d. due to him—I paid him that and no more—I paid him 7s. several weeks before, but not then.
Prisoner. His wife lent me 5s. to go to the hospital. Witness. I never heard of the 5s. before.
THOMAS MATTHEW HUSBAND . I keep a public-house. The prisoner is a stranger to me—he called on me on Sunday, the 27th of December, with a man—he called for a quartern of rum—I served him—he called for a second—the man that was with him said he did not require any more—I told him I thought not—he pulled out some silver to pay—I said, "You are a stranger to me, and I suppose a pensioner; it is a custom with me for any one who has money to leave it with me"—he said he had a sovereign—I said if he would be kind enough to leave it with me, I would get a man as a witness, and give it to him the next day—he felt in his pocket, pulled out a paper, and threw it down—I took it up, and found a sovereign in it—I said, "Here is the sovereign, can't you lend me some more silver?" and he did—I cannot say exactly what silver he had—I should say, as near as I could guess, 8s. or 9s., but after that he gave me two sixpences, and gave the servant a shilling, making 22s.—I put it in paper and wrote his name on it—the next day he called, and I gave him the money—a day or two after one of the policemen called and said I was wanted at Lambeth-street—my house is the Seven Stars in Rosemary-lane—my father kept it prior to me—I did not see the prosecutor till a day or two after.
Prisoner. Q. When I came for it the next morning a man came with me? A. There was—I said I thought he had better have the sovereign changed, and gave him 20s.—I do not know who the man was.
Prisoner's Defence. I am innocent—it was part of my own earnings, and part was given to me by some friends to get into the hospital—I am now in the hospital of this prison for the dropsy—this was collected of different people—I had not seen my cousin for some time past, and that was the reason for my going to see him—I am innocent—he was out on Sunday night—this interpreter is pot-boy at the Brown Bear public-house, and he knows that he associates with low characters there.
GUILTY . Aged 48.— Confined Six Months.
Leather-lane. I was out marketing on Saturday, the 2nd of January—there was a throng of people in Leather-lane—I stood to look at them, and while I was standing still I observed some one at my pocket—I turned round, and the prisoner moved away from me directly—I put my hand into my pocket immediately, and missed 8s. out of 14s.—I am quite sure of the prisoner's person—I noticed him enough to know him again—I went and told my husband—he came with me to Leather-lane, and I again saw the prisoner there, standing near a woman, and his coat tail was over her—he had two holes in his pockets—my husband seized him—he said, "What have I done?"—my husband said, "I will let you know in a minute," and gave him into custody for stealing 8s.—at the station I heard a direction to search him, and he immediately threw down tome shillings on the floor—after I had been robbed, I saw the prisoner's hands were in his pocket.
Prisoner. Q. Did you not state that you went away and left me standing at the place? A. No, I did not give him into custody when I felt his hand in my pocket—there was no policeman at hand, and perhaps if I had made an alarm be would have made off—I was unprotected, and I felt, rather flurried—as soon as he saw me look up he made off.
COURT. Q. How far is your home from the spot? A. Not above three or four yards—not more than a quarter of an hour passed before I had him taken—I am quite sure he is the person who was working at my pocket—I never gave a different account about his being the person, and his moving off.
JURY. Q. Were there any other boys moving away from you at the same time? A. No, they were mostly women who were standing there.
Prisoner. I took 3s. out of my waistcoat pocket, and one fell on the ground.
JOHN CALLOW (police-constable G 72.) William Gay don gave the prisoner in charge to me for robbing his wife of 8s.—the prisoner said he hoped he might be struck dead if he knew any thing about it—at the station he dropped three shillings on the floor—I picked them up—I found on him four shillings, 1 sixpence, sixpence in copper, two metal rings, a box of lucifers, and a haddock—he had a great-coat on with pocket-flaps, but no pockets—you could put your hands in the pocket-hole, and they would go inside, so that if the coat was put over any person he could get his hand to that person's pocket without his hand appearing outside.
Prisoner. I had the holes in my pockets to get my hands into my trowsers' pockets when I was at the stall, to keep my hands warm.
GUILTY . Aged 17.— Confined One Year.
CHARLES SHELTON . I live in Stingo-lane, and sell readymade clothes. On the night of the 5th of January I was at work in my parlour at the back of my house—my wife spoke to me—I got up, and saw the prisoner in the act of taking the flannel jacket which had been hanging up inside the shop for sale—I came towards him—it had been tied with a cord to the sleeves—he bad undone the cord, and ran away—I ran after him—he
ran against a woman about ten yards off, and I came up and took him—the jacket was about a yard from him on the ground—I gave it to my wife, and took the prisoner towards a policeman—in going along he went down on his knees, and begged me to let him go, and said he did it through hunger—there was 2s. 9 1/2 d. found on him—the jacket is worth 4s. 9d.
Prisoner. I never had it at all, I did not take it; it was thrown by me. I had 18s. when I left Maidenhead. Witness. I saw his face as plainly as I do now—the shop-door is a glass one—I lost sight of him for a moment after he got the jacket, and then I looked round and caught him—I am certain he is the person—I am certain he told me twice that he did it from hunger, and he went on his knees twice—when I first took him he said, "It is not me."
GUILTY . Aged 22.— Confined Six Months.
532. ROBERT TAYLOR was indicted for stealing, on the 2nd of January, 1 box, value 1s. 6d.;42 tumblers, value 1l. 9s.; 22 pairs of candlesticks, value 1l.; 84 cups, value 1l. 12s.; and 10 pestles and mortars, value 6s.; the goods of German Wheatcroft and others.
WILLIAM SALMON . I live in Wharf-road, Paddington, and am agent to German Wheatcroft and others—we carry goods from the Camden station of the Birmingham Railway Company. I was at the station on the 2nd of January—there was a chest there addressed to George Cocker, of Chenies-street, Bedford-square—it was put into one of the carts which Fuller drove—I have seen it since.
WILLIAM FULLER . I am carman to the prosecutor. On the 2nd of January I drove the cart containing this chest—I stopped at the Princess Victoria public-house, in Ernest-street—while there the chest was gone from my cart—I saw the prisoner with it on his back, about ten yards from the cart—there was another man with the prisoner, carrying his hat—I called, "Stop thief!"—the prisoner dropped the chest, and ran away—I ran after him, and a baker stopped him at the corner of the street—I was about six yards from him—I had not lost sight of him—he said he would give me half-a-crown to let him go.
DAVID SMITH . I keep the Princess Victoria public-house. I saw the cart at my door about a quarter past one o'clock—there were two carters in my house having something to eat and drink—I saw the prisoner and another take this chest, and the prisoner carried it away on his shoulder—the man carrying his hat turned and saw us—they threw down the chest, and ran off—I saw the prisoner stopped—he was not out of my sight at all.
Prisoner. Q. Did you see my face? A. Yes, certainly I did, and was close to you at the corner of the street—you came back with me.
GEORGE COCKER . I live in Chenies street, and am a manufacturer of Derbyshire spar china ornaments. I had received an invoice of these goods on the 1st of January—I have seen the chest opened—it contained the articles stated—it was addressed to me.
GUILTY . Aged 20.— Transported for Seven Years.
OLD COURT.—Friday, January 8th, 1841.
Third Jury, before Mr. Sergeant Arabin.
533. WILLIAM EDMOND KNIGHT was indicted for feloniously breaking and entering the dwelling-house of William Marchant, on the 2nd of January, at St. Giles-in-the-fields, and stealing therein I watch, value 1l., his goods.
WILLIAM MARCHANT . I am a jeweller, and live in St. Giles's—it is my dwelling-house. On the 2nd of January, between four and five o'clock in the afternoon, I was in the shop, and heard three or four heavy thumps at the window, and then a smash—it is very thick plate glass—I went out immediately, and saw the prisoner running across the road from my shop window—he ran against an old woman, knocked her down, and I caught hold of the skirts of his coat—he fell himself—after he was brought back a boy picked up a watch close by, and brought it into the shop—I gave him in charge—the watch must have dropped from the prisoner—there was no other person running—this is it, it is mine—I found the window smashed to atoms, so as to allow a hand to be put in and take the watch—a great quantity of jewellery was dragged out on the pavement, which I afterwards picked up.
DENNIS RYAN . I live in Short's-gardens, Drury-lane. I was in High-street, St. Giles's, and saw the prisoner near the prosecutor's window—I heard glass break, looked to see who it was, and saw the prisoner standing by the window—the prosecutor came out—the prisoner ran—the prosecutor halloed "Stop thief'—the prisoner in running knocked down an old woman—she dropped a bag—I went to pick it up, and under it found the watch—it must have come from the prisoner.
GUILTY . Aged 27.— Transported for Ten Years.
Before Mr. Justice Maule.
534. JAMES STEPHENS was indicted for that he, being employed in the Post-office, did, on the 9th of December, steal a certain letter, containing 2 sovereigns and 1 5l. Bank-note, the monies of her Majesty's Post-master General.—Other COUNTS, varying the manner of laying the charge.
MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.
WILLIAM BANKS . I am a lace-manufacturer, in Honey-lane. On the 9th of December I enclosed a 5l. note and also a sovereign wrapped in a piece of paper in a letter directed to "J. B. Banks, Coggeshall, Essex"—I sealed the letter with a wafer or wax, and posted it at the General Post-office myself at five minutes after five o'clock, in St. Martin's-le-grand—I paid the postage of it—I believe the 5l. note now produced to be the one I enclosed—it is the same number—I did not look at the date—I got it from the Union bank of London.
Cross-examined by MR. PHILLIPS. Q. Did you take the number at the time? A. Yes—I have it here—a lad brought me the note for a cheque which I sent him with.
Norwich branch of the Norwich and Ipswich division—we should call him a tyer of the bags—a letter to Coggeshall would not pass through his hands in the regular course of business, but he might have had access to it—a letter posted for Coggeshall on the night of the 9th of December, ought to arrive on the morning of the 10th.
Cross-examined. Q. How many persons might have had access to this letter before it got into the bag? A. Any body in the office might have had access to it—the prisoner was at the same division as the letter was, but not at the same branch.
COURT. Q. How many are there in the office? A. About 150—there are about sixteen in each division, and about five in the regular branch that the letter would go to—the Norwich branch is next to the Coggeshall.
MR. PHILLIPS. Q. The prisoner had nothing to do with sorting the letters? A. He does not sort, but the letters are lying about where he is tying the bags.
MR. ADOLPHUS. Q. Does he take them up one by one? A. His business was not to tie letters, but to tie the bags—he could not discover two sovereigns, unless he took hold of a letter—it was not his business to touch a letter—he could not distinguish it as it was lying about.
HENRY HALL . I am a jeweller, and live in High Holborn. On the 11th of December, about seven o'clock in the evening, the prisoner (to the best of my belief he is the man,) came to my shop—I have a very powerful gas-light in my shop—he asked to look at a gold brigade chain, which I showed him, and he purchased it—I then showed him a pin—he said he would take that also, and tendered this note—I asked his name—he said, "Smith, Greenwich"—I said, "What street?"—he said he did not know the street, it ran up by the Hospital—I said, "It is College-street"—he said, "Yes, I believe it is"—I asked the number—he said he did not know the number—I sent my servant next door for the change—she brought it back, and I gave it to him—he was in the shop about a quarter of an hour—this is the note—I have written "Mr. Smith, College-street, Greenwich," on it.
Cross-examined. Q. Was your wife in the shop? A. She was in and out during the time—I Only speak to the prisoner to the best of my belief—he was brought to my shop by inspector Pearse to be identified—I believe Pearse had a great-coat on over his uniform—I think it was on the 26th of December—when he was shown to Mrs. Hall, to the best of my belief she said, "That is not the man"—I will not be positive—the man was so much altered in appearance, and was differently dressed—at the time he made the purchase he was dressed in a drab great-coat buttoned over his chin, and wore his hat very much over his eyes—I could see his face very plainly—Mrs. Hall would not take that notice—she was at the police-office, but was not called as a witness—Mr. Peacock had the opportunity of seeing her—he did not call her—she is here.
MR. SHEPHERD. Q. You were serving him, he on one side of the counter, and you on the other? A. Yes—to the best of my belief, both by his voice, his person, and his face, he is the man—when I went to the Post-office I picked him out immediately—he is the only man I saw like the man—I have not seen any other like him.
MARY ANN DOUGHTY . I am sister-in-law of Mr. Hall, and live in Greenfield-street, Commercial-road. On the 11th of December I was at my brother's house in Holborn—I remember a person coming in and buying
something—to the best of my belief the prisoner is the person—I believe him to be the man—I have no doubt about him—I believe he is the man—I have no doubt whatever—I was in the back parlour while he was there, and saw him through the parlour-window—he was there about a quarter of an hour—the gas was lighted—I saw his face sideways—the parlour window commands a side view along the counter—he bought a gold brigade chain and key—he merely examined it, and purchased it—my sister was in and out of the shop—she was in the parlour with me part of the time—I was in the parlour the whole time.
Cross-examined. Q. Is there any blind to that window? A. A green curtain—the parlour joins the shop—I was sitting there by the fire, not employed in any way—I did not go into the shop—the view I had of him was certainly a slight one.
MR. ADOLPHUS. Q. Was the green curtain closed or open? A. Part of it was open—that gave me a clear view up the counter—when my sister went into the shop, she went before the customer—she had a better opportunity of seeing him than I had—when she went into the shop she went by the side of Mr. Hall—I saw the prisoner afterwards at the Post-office, and I knew him directly—no one pointed him out, or told me he was the man—I selected him myself, as the person who had been there.
COURT. Q. Was your sister with you at the Post-office? A. No—there was nothing which induced me to look at the man—when I am in the parlour I generally take notice—we generally watch to see that they take nothing—I had that in my mind.
SARAH PECK . I am servant to Mr. Hall. On the evening of the 11th of December he sent me out for change of a 5l. note—I saw the person in the shop, and believe the prisoner to be the man—I was in the parlour at the time he was there—my master called me out, and gave me the note—I was just by the person's side at that time—I saw his full face—he turned his face to me as I took the note—I went out and got change—when I brought it back I gave it to Mr. Hall—I then went into the parlour—I saw the prisoner standing in the shop—I could see his features through the curtain—I saw his face and features through the curtain—there was a vacancy in the curtain, and Miss Doughty and I were peeping through—sometimes we do so when there is a customer in the shop—I peeped through so that I could see, but not be seen—I saw the prisoner afterwards at the Post-office—I recognised him—I believe him to be the man—I have a strong belief of it.
Cross-examined. Q. You can draw a distinction as to different kinds of belief? A. I strongly believe him to be the man—he had on a dark coat at the Post-office—I think it was a dark-green surtout coat—I saw him in Mr. Peacock's office there—Mr. Peacock was not there when I went in—I believe the Inspector was there, and three or four more—the person who came to the shop had on a light drab coat, buttoned up to the chin, and his hat was slouched down—Mrs. Hall went backwards and forwards into the shop twice—when I saw the prisoner in Mr. Peacock's office, he was standing at the fire-place—he had no hat on.
EDWARD HOOPER . In December last I was in the employ of Mr. Hogg, of Honey-lane—Mr. Banks sent me on the 11th of December to get a cheque changed—I got for it a 5l. note, and five sovereigns from the Union Bank—I gave him the same note and sovereigns—I never got any other change for him.
JOHN SHEPHERD . I am a clerk in the Union Bank. On the 9th of December a boy came rather late in the evening for change for a cheque, drawn by Goodyear and Co.—I gave for it a 5l. note, No. 57185, dated 8th of October—the note produced is the same—I am sure it was on the 9th of December, not the 11th, Hooper is mistaken.
E. HOOPER re-examined. I think it was on the 11th that I went, as I heard Mr. Banks say so—I never went to the Union Bank but once.
NOT GUILTY .
535. JAMES STEPHENS was again indicted , for that he being employed in the Post-office, did, on the 9th of June, steal a certain post-letter containing 1 gold medal, value 10l., the property of her Majesty's Post Master General.—Five other COUNTS, varying the manner of laying the charge.
JOSEPH JOLLIFFE . I am a jeweller, residing at Portsea. On the 8th of June I sent a letter directed to Messrs. Collard and Furbur, refiners, No. 17, Jewin-street, Cripplegate, and enclosed in it a gold medal, on one side of which was an effigy of Charles the Tenth, King of the French—I did not take particular notice of what was on the reverse side—I can hardly say what was on it, it being some time since, I forget—I do not know whether it was of the French or English alloy—I do not know the exact weight—I took no memorandum of the weight—before I sent the medal away, I made a mark with a file on the edge, and tried it with aquafortis—I have tested the medal now produced, since, in the same way, and it is precisely the same quality, as far as the test of aquafortis will prove, and I believe it is the same piece of gold, for that reason—I gave the letter to my assistant to take to the Post-office.
Cross-examined by MR. CLARKSON. Q. What effect did the aquafortis produce? A. It laid on it like water, and produced no effect, from the gold being so good—it was nearly, or quite pure gold—it exhibited no alloy in the least—we have no other means of testing in the country—the medal I sent appeared not quite so large round as this, but it was thicker—I cannot swear this is the medal—it is battered, in such a state—it is my belief it is the same—I have little or no doubt in my own mind that it is the same, because I tested it—this piece of gold is exactly the same quality as the piece I tested.
MR. ADOLPHUS. Q. I apprehend no gold in absolute purity can be worked into a medal, or any thing? A. There is always some alloy in medals, to give it firmness—if gold had no alloy in it, it would bend a little—there is alloy in all coins—copper and silver is what we alloy gold with—according to the quantity of alloy, there would be a black mark on it in testing it—I examined this medal yesterday with a strong magnifying glass, and saw a fleur-de-lis on it perfectly plain, and also the letter "E"—I cannot say whether there was a fleur-de-lis on the medal I sent to town—I recollect "Charles X." was on it, I cannot recollect whether in French or Latin—this has been hammered at the edge, and the face also—it has not been cut or filed—I have made a mark here with a file since it has been found.
Charles X.—the word "Charles," I am certain, was in English—I think the rest of the inscription was in French—I remember "Roi," and, I think, "Fran sa," or "se" I cannot remember which—I weighed it three or four times—it was 2oz. 14dwts. 18 or 19 grains—Mr. Jolliffe sealed the letter, and directed it to "Collard and Furber, Jewin street, London"—I took it to the Post-office at Portsmouth, delivered it there, and paid 8d. for it—I filed the medal in two or three parts across the edge, and between the two edges, and tried it with aquafortis—I did not file it so as to make it lose in weight, only slight marks—I found that it was very good gold—I do not discover any thing on this medal that I can swear to—I have examined it with a glass, but saw nothing I could swear to—I do not perceive any thing on it—there is something in the shape of the back of a head here—I weighed this piece of gold about a fortnight ago, and it is the same weight, within a grain—it weighs 2oz. 14dwts. 19 grains—on the former occasion the medal weighed 2oz. 14dwts. 18 or 19 grains, I cannot say which—I put it down at the time, but have no memorandum of it—I had told Mr. Jolliffe the weight before I weighed it the last time, and he put it down on a piece of paper—I believe this is the same quality—it is the same kind of alloy—I have tested it myself since.
Cross-examined. Q. There is not so much alloy as in jeweller's gold? A. No—we are not paid for fine gold—I can tell whether gold is worth 40s. or 50s., and perhaps I could tell between the two—I could not swear to it—we never can tell properly unless it be assayed—when aquafortis was placed on this it remained the same colour—there is not much alloy in this; or it would be perceivable.
WILLIAM GARNETT . I belong to the Post-office at Portsmouth. I remember a letter of some weight being brought about the 8th of June—I am not certain of the date—a letter was given in, containing something of the appearance of coin, and 8d. was paid for it—I do not remember who it was directed to—it weighed above 3oz.—I passed it over to Baker, the other clerk, after marking it.
HENRY BAKER . I was a clerk in the Post-office at Portsmouth in June last—it was my duty to receive letters from Garnett, and despatch them. On the 8th of June, I cannot say to the exact time, but I recollect the circumstance of a letter, said to contain a gold medal, being given in at the window—it was put into my hand by Garnett, and was forwarded to London, with the other letters, by that night's post—the person who brought it said it was a gold medal.
WILLIAM GARRETT LEWIS . I am a clerk in the Post-office in London. On the 9th of June I received the Portsmouth bags safely—there is no report of any error in the book, so that they came in their usual state.
Cross-examined. Q. Who would the report of error come from, if there was one? A. From me—I have only the amount of the paid and unpaid letters which come, no description of letters.
MR. ADOLPHUS. Q. If the number of paid letters bad been incorrect, or the bag unsealed, should you have reported it? A. Yes, I mean if the amount of money had been incorrect—the letters are not counted, but if the postage had been short, such a bag as the Portsmouth, having a great many, might be 8d. short without its being noticed.
no letter from Mr. Jolliffe, of Portsea—I have not received a letter with a gold medal of Charles X.—this medal is nearly fine gold—almost all medals are made of nearly fine gold—this is a sort of gold medals would be made of—I should say this is nearly pure, much better than our coin—it is seldom medals are made of any thing but fine gold, on account of the impression.
Cross-examined. Q. All medals are made of the best gold? A. Yes.
JOSEPH HUNT . I am deliverer of letters at Messrs. Collins. On the 9th of June I delivered no letter there containing any thing valuable—I only delivered three letters of a trifling sort—I recollect the morning of the 9th of June, by Messrs. Collins asking about a medal, about four days after.
WILLIAM BLOTT . I am a clerk in the General Post-office—the prisoner has been employed there about nine months. On the 9th of June it was his duty to clear the letters from the stamper's table, and carry them to the sorters—he was one of the six or seven men doing that duty—it is impossible to say who carried the Portsmouth letters—he was one of the men who would have carried them.
NICHOLAS PEARSE . I am a police-inspector. I took the prisoner into custody, on the 21st of December, at the Post-office—I went with him to No. 17, Redcross-square—he opened the door there, and said it was his residence—I searched the apartment he led me to—I took hold of a pair of trowsers, and this piece of gold fell from them, I believe this to be the same, it was wrapped up, I believe, in a small bit of paper—it was not in the pocket—I stooped to pick it up, and the prisoner said, "I found that"—that was before I had opened it, when I took it up with the paper on it—he said, "I picked it up by the side of the Thames, near Tooley-street, about nine months ago"—I asked what kind of metal it was, he said he did not know—I asked him if he had shown, it to any person, he said he had not—I asked what he had been before he went into the Post-office—he said he had been a smith and farrier in business for himself.
Cross-examined. Q. Was not the question you asked, whether he had told any body he had found it? A. I think it was, if he had shown it to any body, but I am not certain which.
ROBERT JAMES CHAPLIN . I am a jeweller, and live at No. 17, Redcross-square. The prisoner occupied the first floor in my house—he first came about twelve weeks ago—some time after he came, in the course of conversation, he asked if I could tell him the quality of a piece of gold which he or his uncle had, what it was worth—I said I could not tell him, unless I saw it, there were so many qualities—I said "What does it appear like? is it a coin, medal, or what?"—he said it appeared like a lump, as if it had been hammered, or something of the sort—that he had given it into the hands of a Jew, who was passing through the town where his uncle resided, and the Jew said it weighed nearly three ounces—I said, if it was any thing of a quality, most likely it was worth 10l. or 11l.—he said he should endeavour to obtain leave of absence about Christmas-time, to go to his friends in the country, and he would ask his uncle for it, and should most likely be able to obtain it—he never showed me any gold.
JAMES CHAPLIN . I live at Mr. Chaplin's, and know the prisoner, from his living there—he came there soon after last Michaelmas-day—he asked me to lend him a hammer, on several occasions—I lent him rather a smallish one, three or four times, and I once lent him a large one, as he asked for a large one—here are the two hammers I lent him—I think
when he borrowed the large one he mentioned it was for breaking coals—he did not mention what the small one was for—he returned the large one directly, I think in the course of half an hour.
ESTHER CHAPLIN . I am the wife of Mr. Chaplin. The prisoner lodged at our house—on one occasion he asked me for a hammer, I referred him to the shopman—I heard a knocking in his room on one occasion, it appeared like nailing a carpet—it might have lasted for a couple of hours—I do not think it was louder than nailing a carpet.
Cross-examined. Q. That was not at the time he borrowed the hammer you? A. It was at the time he borrowed it of my nephew, to whom I referred him.
COURT. Q. Was there a carpet in his room? A. Yes, and it was nailed down—I do not know whether it had been nailed before—I was sitting in a room nearly under the room the hammering was in—it appeared to me to be on the floor—it was continually on the floor—it was as if he hammered a short time, then left off and began again, like a nail—it was quite different to the hammering my husband would use in hammering a medal—it was not so hard—I am not prepared to swear the prisoner was at home at the time I heard the hammering.
JOHN DOUBLEDAY . I belong to the British Museum, in the department of antiquities, which embraces the coin department—I have looked at this piece of gold very minutely—it presents the appearance of a struck medal, hammered out—I can discern a fleur-de-lis on this medal, and two capital letter E's—in the field of the medal there is the appearance of the letter M, and the edge appears to have been rather raised—it has been battered down, but there is the appearance of the rim—medals are gets rally made with raised rims—it has every appearance of having been battered down—I have examined the medal with one of the hammers produced, and it would make the same impression on that piece of gold—a piece of copper has been shown to me, on which the hammer has been used, and it bears the same mark as on the gold—the reverse side is that on which the cuts have been, and here is the indication of the fleur-de-lis.
Cross-examined. Q. When did you first examine it? A. It was brought to the Museum about a fortnight ago—I was not examined before the Magistrate, nor required to be in attendance on any occasion but the present.
HARVELL. The prisoner lodged at my house in August last—I have lent him a hammer on many occasions, and I have heard hammering up stairs—there was only him and his wife lodging in the two Looms, and in those rooms I have heard the hammering—this is the hammer I lent him.
Cross-examined. Q. Are you able to say he was at hale when you heard the hammering? A. Yes, I cannot say what day it was, nor what month—I had no reason to remark, not having any suspicion—I was not before the Magistrate.
JOHN DOUBLEDAY re-examined. I have seen this hammer in Court this morning—it is the hammer which produced the marks on the gold and copper likewise—I cannot say who made the marks on the copper—the policeman showed it me this morning—I have not the slightest doubt this gold has been beaten with that hammer—there is a particular mark of a small stroke on the hammer, which corresponds precisely.
Paul's Church-yard—I saw the whole of the marks made on the copper with that hammer.
NOT GUILTY .
536. WILLIAM SUMMER was indicted for stealing, on the 17th of December, 124lbs. weight of copper, value 5l. 10s., the goods of the Governor, Assistants, and Society of the City of London, of and for the Mines Royal, his masters.—2nd COUNT, stating them to be the goods of Benjamin Joseph Spedding, his master.
MR. CLARKSON conducted the Prosecution.
GEORGE BIGNALL . I am twenty-one years old. I was in the service of the Governor and Assistants of the Mines Royal, and was employed on board the Olive Branch barge, of which the prisoner was captain—it was our duty to take copper from Harefield to London manufactured, and from London to Harefield unmanufactured—we got to Harefield on our last journey on Tuesday morning, the 15th of December, and discharged our cargo of unmanufactured goods—the barges have lockers to them, of which our employers in Harefield have one key, and our employers in London another—on Thursday evening, the 17th of December, about five o'clock, I was in company with the prisoner at the Fly mill—copper is kept there—the prisoner took a cake of copper and put it on board the barge—after that we returned to the Fly mill, and I got a pair of tongs, which were lying on a tub, and tried to raise up a copper bowl which was lying on the ground, close by the Fly mill—it had frozen to the ground—the prisoner was then standing at the mill door, about five yards off—I did not succeed in getting the copper bowl then—there was some one coming with a light, and the prisoner called out to me, "Come here, there is some one coming with a light"—we then went into the Fly mill, and I saw William Else going into the water-closet—I went out of the mill directly he was gone in—that was between five and six o'clock—nobody went into the privy but Else—I returned to the mill-yard again about eleven at night, got the bowl away, and took it on board—I was not aware that I had been watched at six or half-past six—I saw the prisoner again between one and two—he came on board the barge, and told me to go down to the Hammer mills, and fetch up the bars of copper, and he would look out and see if any one was coming—I went to the Hammer mills and brought away five bars of copper, which I placed in the cabin of the barge—the prisoner then went into the cabin with me—I brought them into the barge and gave them to him, and he put them into the cabin—we remained in the barge till the morning—we did not go off that night, because we had no horses to tow us down the canal—about six in the morning, Winter and Croker came on board and remained till half-past seven—we then found the barge was ordered not to leave—the prisoner and I then went to a public-house—we locked up the cabin in which the copper was—we had a key a-piece—the prisoner and I slept in the cabin that evening after we went on board—no one had access to it but us—we returned to the mill from the public-house, between ten and eleven the same morning, and were then taken into custody—I was taken into the counting-house, and the key of the cabin was taken from me by Atkins, the constable.
Cross-examined by MR. BALLANTINE. Q. I believe you did not make a statement in detail of these circumstances before the Magistrate? A. No, I told the Magistrate at Uxbridge that we had taken it—I have been employed in the business all my lifetime—I knew when I took this copper
that I was not doing right—I knew I was stealing it—I have been in the barge with the prisoner about two and a half or three years, and I was with the man that worked in the barge before—I have been in the Company's service ever since I could work—the public-house the prisoner and I went to was the Jolly Gardeners—there was the landlord and landlady there, and two men—the cake of copper was the first thing I took—we had to take that about one hundred yards to the barge—I am in custody now—I have come from Newgate to give evidence—I expect to be discharged when I have completed my evidence.
MR. CLARKSON. Q. Your father was an old servant of the Company's, was he not? A. Yes—I first made a statement of what had happened on the Sunday after the Friday on which I was apprehended—I then told the whole story.
JOHN KIRKMAN . I produce the charter of the Mines Royal—the company are there incorporated by the name of the Governor, Assistants, and Society of the City of London, of and for the Mines Royal—the secretary, Mr. Benjamin Joseph Spedding, lives on the premises at Harefield, part of the time, and has charge of the property there.
Cross-examined. Q. I suppose there is no distinct power given to have their property, which is alleged to be stolen, described in a particular name? A. There is no particular clause to that effect—they are directed to trade under a particular name, and to sue and be sued—it is a very old charter.
ROBERT CROOK . I was in the Company's employ at the Copper mills at Harefield. On the evening of the 17th of December, I had occasion, about twenty minutes past five o'clock, to go to the privy, which is between the Fly mill and Evelyn's mill—the privy door was partly open—while I was in the privy I saw Bignall with a pair of tongs getting a copper bowl up from the frozen ground—I saw the prisoner at the time standing five or six yards off, a little distance from the Fly mill—I heard him say to Bignall, "George, here is some one coming with a light," and they both went into the Fly mill—William Else then came up and came to where I was—after he had come into the privy, Bignall went to the bowl again, and the prisoner stood a little where he had stood before—Else said something to me—he spoke loud enough for them to hear, and on his speaking to me the prisoner and Bignall went away towards the barge, which lay near the Hammer mills—I then went to the place where I had seen Bignall, and there found the copper bowl, and the tongs which laid on the tub—the bowl was a little raised up—it had been frosty—I went and told Webb, the shearer, who I work with, of it, and we went to the place where the bowl was—Webb took it up, and took it to Evelyn's mill—I did not see what he did to it.
Cross-examined. Q. You were examined before the Magistrate, I believe? A. Yes—I do not know whether Bignall was present—I never saw him—I was looking at the Magistrate—the prisoner and Bignall were not in the yard when I went to the water-closet—they came in while I was there—Else did not pass by them—they had gone into the Fly mill when Else came in—they could not have seen Else then—they must have heard Else and I talking in the privy—we talked quite loud, so that they could not help hearing it—it was just before Else came in that the prisoner said, "Here is somebody coming"—Else had no light with him—another man had who came up the yard with him—I saw that man from the privy—
Bignall and the prisoner were then standing in the Fly-mill, the door of which is about eight yards from the privy—Else passed the place where they had been standing.
MR. CLARKSON. Q. And it was when the man with the light came up the yard with Else that the prisoner called out to Bignall? A. Yes—the light was quite plain to be seen—Else is very deaf, and I was obliged to speak loud to make him hear.
WILLIAM WEBB . I am a shearer of copper at the mill. Crook is employed under me, and handles the shears for me—on Thursday evening, the 17th of December, he came and told me what he had seen—I went with him to the place, where I found the bowl—I took it up, and brought it away with me—I carried it and the tongs into Evelyn's mill, and I communicated what I had been told, and what I had seen, to Looseley—I made some inquiries of the boy who kept the key at the mill gate, and who is fourteen or fifteen years old—in consequence of directions from Looseley, I afterwards took the bowl into the counting-house, and, in his presence, put a private mark on it with a chisel, resembling three T's—I showed it to Looseley, and a watchman, and afterwards put it back again into the place I took it from—this is the bowl, and here are my three T's on it—I was with the constable when he searched the barge.
Cross-examined. Q. Where was it you replaced the bowl? A. In the same place I took it from, close by the Fly mill, where it was originally seen by Crook.
JOSEPH LOOSELEY . On Tuesday, the 15th of December, the Olive Branch barge arrived at the premises at Harefield—I helped to unload her—on the following day she was commenced reloading—we finished between five and six o'clock on Thursday evening, the 17th—in the ordinary course of business, the barge could have gone up the canal at twelve o'clock at night, but in consequence of the frost, and the want of horses, it was detained—the prisoner was not told of that at the time—the copper sent up by the Company to their premises in London is secured in lockers—it was not my duty to secure the lockers after the copper is put into them—I see them secured on some occasions, but did not on that night—I saw the goods that were shipped on board her—they were manufactured goods—this bowl is not manufactured, it is merely a piece of rough copper, called a bowl—the lockers are boards fitted in the deck, fastened over—one key of them is kept at Harefield, and another in London—the men themselves have no access to the lockers, when once locked up, until they get to London—a little before six o'clock that Thursday evening, William Webb came to me in the counting-house, and told me something, in consequence of which I directed the bowl to be brought to the counting-house—Webb brought it, and I saw him mark it, by my directions—this is the bowl—I saw him replace it—I carried the lamp, and he carried the bowl—I left the mill about seven o'clock in the evening, after giving some directions to Robert Webb, the watchman—I was called up next morning at two o'clock—in consequence of what I then heard, I went to the mill, and to the place where I had directed William Webb to replace the bowl—it was gone—I returned to the mill between five and six o'clock—I made a communication to Davey of what had happened, and he and I went to watch the barge—I placed myself in the zinc-house, and watched till the prisoner and Bignall came out of the barge—I did not see them come out—after they left the barge, Atkins, the constable, was sent for—he came about ten
o'clock, or between ten and eleven—Bignall returned to the mill-yad a little before eleven, it was after Atkins had come—Atkins took his key from him, and he burst into tears—the prisoner had not returned at that time—he came about eleven o'clock, tipsy—he was able to know what he was about—Mr. Jacobs said something to the prisoner, but I cannot exactly say the words he made use of—Atkins went to London with directions, and on his return, on Saturday morning, he took the prisoner into custody, and brought him into the counting-house—Mr. Jacobs then said to him, in my presence, "Well, Captain, you see what it has come to now at last"—he burst into tears, went across to shake hands with Mr. Jacobs, and begged he would make intercession for him, and he should ever have reason to pray for him, and not only for him, but for his wife and family.
Cross-examined. Q. You were examined before the Magistrate on this charge? A. Yes—Mr. Jacobs is not here—I cannot exactly say when I first told any body of this conversation—I told Mr. Thomas, the attorney for the prosecution, of it, more than a week ago, after I went before the Justice, not before—I did not tell the Justice about it—Mr. Thomas was the first person I told—I had no occasion to tell any one before—John Davey and Atkins were present at the conversation—I did not hear the whole of it—as to the barge having to go at twelve o'clock, and not going on account of the obstruction from the ice, and the want of horses, I only know that from what the foreman told me, and not of my own knowledge.
ROBERT WEBB . I was watchman at the Company's mills at Harefield. On the 17th of December I received directions from Looseley, in consequence of which I went several times in the course of the evening to look at the copper bowl—I missed it about half-past eleven—I saw Bignall come into the yard—I let him in about a quarter past eleven, and I missed the bowl, as near as I could judge, about a quarter of an hour afterwards—the prisoner came into the yard about half-past twelve—they remained there together some time, I cannot say how long—I was off duty when they went away—I go off duty at six o'clock—they could get to their barge from the yard—they would have to come into the yard to go to the barge—when I missed the bowl I went to Looseley, and gave him information—he came back with me shortly afterwards, and I called his attention to the place where the bowl had been.
JOHN ATKINS . I am a constable. I was sent for on Friday evening, about nine or ten o'clock—Bignall came into the mill while I was there—I took his key of the barge away from him, and took him into custody—I then went to the barge and opened the cabin with Bignall's key—I found this copper-bowl, the copper-cake, and these five copper bars under the bed in the cabin, all together—there were two berths—I went up to London to see Mr. Spedding the secretary, and on my return on Saturday morning, I took the prisoner into custody, and took him into the counting-house—Looseley, Davey and Mr. Jacobs were there—when the prisoner went in, Mr. Jacobs said, "You see what you have brought it to now, Captain—what it has come to now"—the prisoner burst into tears, and said, "Mr. Jacobs, I hope you will do all you can for me; and speak to Mr. Spedding to make intercession for me as much as you can, and not only for myself, but for my wife and family, and I shall ever be bound to pray for you."
Cross-examined. Q. When did it occur to you first to give an account of this conversation? A. Why, Mr. Thomas examined me, and I told
him—that was after I had been examined before the Magistrate—Mr. Thomas asked me what he said when I took him into custody, and I thought of it—I recollected immediately what he had said—I had told different persons in the mill, and in the neighbourhood, that he had said so—I did not mention it to Looseley or Davey—I never alluded to it to them after—I stated exactly the same words to Mr. Thomas as I have here, as well as I can recollect—Mr. Thomas did not ask me whether I was sure the prisoner had not said something when I took him—he said nothing about sure—he asked me to explain the case to him, and I did; and in the explanation I told him that.
JOHN DAVEY . I am a clerk to the Company. On Friday morning, the 18th of December, I was requested to watch the Olive Branch barge—I watched by myself—I did not know that any one was watching at another place—I saw the prisoner and Bignall come out of the barge at very near eight o'clock—the prisoner returned to the barge in two or three minutes, unlocked the cabin, and went in—he came out again, locked the cabin, and went away—I had seen the copper cake now produced, on the Thursday afternoon, lying against the Fly mill door—there is a mark on it by which I know it—it is the property of the Company—I cannot speak about the bars—I was present on the Saturday when the prisoner was taken into the counting-house, and heard Mr. Jacobs say to him, "Captain, this is a bad job," or words to that effect—the prisoner walked towards him, and wished him to make intercession for him, his wife, and family, and he should ever have reason hereafter to pray for him.
Cross-examined. Q. Who was present at this conversation? A. Looseley, Atkins, Mr. Jacobs, and myself—Bignall was not there—I was not examined before the Magistrate—I mentioned this conversation to the solicitor, not to any one else, I believe—I have not talked of it to Loose-ley or Atkins—I do not recollect whether the solicitor asked me if any thing had been said—he might have done so.
(The prisoner received an excellent character.)
GUILTY. Aged 40.—Strongly recommended to mercy .— Confined Eighteen Months.
Fourth Jury, before Mr. Recorder.
537. CHARLES BIDDLE, alias Priddle , and JAMES WALKER , were indicted for feloniously breaking and entering the dwelling-house of Martin Austin, on the 31st of December, at St. Leonard, Shoreditch, and stealing therein 2 pairs of boots, value 6s.; and 3 pairs of shoes, value 5s.; his property.
MARTIN AUSTIN . I am a carpenter, and live in Essex-street, Hoxton Old-town—my wife keeps a shoe-shop. On the 31st of December I was on my way home, between seven and eight o'clock, and met the two prisoners about twenty yards from my shop—after 1 had got home a few minutes, a policeman brought Biddle to me, and asked if I had not been robbed—I looked into the window and found a pane of glass broken, large enough to admit of a pair of boots passing—some boots were missing, but I could not tell how many till my wife came home—the putty was loosened, and about five inches of glass was broken—the witness Saxon came to the door with the policeman, and charged Biddle with stealing the boots—Biddle said he had not been near Hoxton that night—I said to the policeman, "This is the man I met about ten minutes ago within
twenty yards of my house, and there was a lame man with him—I am positive of Walker being one of the men.
SARAH AUSTIN . I am the prosecutor's wife. On the 31st of December I went out at seven o'clock—I returned home at eight, and saw the window broken, and cleared of boots and shoes for some distance—there was space enough broken to take them through—next day the policeman showed me a pair of boots, which was a pair I had missed that evening.
Cross-examined by MR. LUCAS. Q. Did you know Biddle? A. No, I was not aware he lived in our street.
MARY ANN LANDER . I live in Gloucester-street, Hoxton. On Thursday the 31st of December, I passed the prosecutor's shop, and heard a window break—I looked to the shop and saw two persons, Biddle is one of them—the other man was lame—Biddle took the shoes from the window, and gave them to the other, who went Hoxton way, and Biddle went Kingsland-road way, and up Essex-street—I waited about ten minutes, and saw him brought to the prosecutor's shop by Mr. Saxon and the policeman.
Cross-examined. Q. Did you know Biddle before? A. Yes, by living as a neighbour opposite my mother's, down Queen's-head-walk, only a few doors from the prosecutor's—I do not know where he lives now.
JAMES SAXON . I am a clerk, and live in Paul-street, Finsbury. On the 31st of December, I was passing down Essex-street, Hoxton, and saw two persons standing at the prosecutor's window—I am sure Biddle is one of them, and I should say Walker was the other, but I did not see hit face—I heard something like a pane of glass fall, which caused me to turn round, and I saw them leave—they walked a little way, and then ran down Cross-street, which divides Huntingdon-street from Essex-street—as I was crossing Gloucester-street, Biddle was doing the same, and I knew him directly as one I had seen at the window—he looked up at the corner where the name of the street was, and said, "Oh, it is the wrong street," and ran away—he had an apron on, and threw something away from it, on the sill of a door of a butter-shop—I asked the woman what they were, and finding they were boots, I ran after him and caught him by the Kingsland-road, without losing sight of him—I am sure he is the person I saw throw something away—I gave him in charge to the policeman for committing the robbery, and said, I would show him where it was done—Biddle immediately said he had not been in Essex-street that night—I gave the boots to the policeman.
Cross-examined. Q. Did you see him do anything when you saw him in Essex-street? A. Only standing by the window—I knew some one had been robbed, seeing the parties moving away so suspiciously, and seeing them running, and his throwing away the boots—I am a clerk in the London Dock Company, but am at present suspended for being late one morning—I shall go on again—I have been suspended about ten days—I do not know how long I shall be suspended—I never saw Biddle before—I never lost tight of him—the description I gave the policeman of the lame man exactly corresponds with Walker—I only expect my expenses for coming here—I never saw the policeman who took Biddle into custody before to my knowledge—I once gave a man in charge for stealing a handkerchief—I do not look out for the police—I am remaining at home just now, till I get on the Docks again—when Biddle looked at the name of the street, he ran away—I was standing at the corner with my
coat buttoned up—he might have taken me for a policeman—I have not been to the prisoner's house since this—I do not know where he lives.
JAMES WOOD (police-constable No. 277.) On Thursday night, the 31st of December, I was on duty in Kingsland-road. Mr. Saxon gave Biddle into my custody for breaking a window and stealing some boots and shoes—Biddle said, "I am quite innocent, I don't know any thing of it," or words to that effect—Saxon immediately said, "Come with me, and I will show you where he has done it"—as we were going along Kingsland road, Biddle said, "I am sure I am innocent, for I have not been in Essex-street to-night"—I took him to the prosecutor's shop—I noticed a pane of glass there—one corner of it was apparently cut out, the putty cut away from the wood, and the glass gone—I left Biddle at the shop, and went to a cheesemonger's in Hoxton—I there received a pair of boots—on my return to the prosecutor's, he told me that he had met the prisoner about ten minutes previously, about twenty yards from his house—Biddle said, "I have not been in Hoxton to-night"—he afterwards admitted that he had for 1d. worth of tobacco—I apprehended Walker on the Sunday morning following—I asked who, and what he was—he did not answer my questions properly, and I suspected, from the description I had received, that he was the other person—I asked, if he would walk along with me a little way, as I wanted to speak with him—he said he would—in going along, I asked if he knew a man named Biddle—he hesitated for a moment, and then said he did not—I looked him full in the face, he coloured up very much, and I was then sure he was the other man.
Cross-examined. Q. Have you been to Biddle's house? A. I went to where he gave his address, No. 8, Essex-street, but they denied him—a woman came to the door, who I suppose was the landlady of the house—I never saw the witness Saxon before the night in question.
(Property produced and sworn to.)
(The prisoners received good characters.)
BIDDLE—GUILTY.—Recommended to mercy.— Confined One Year.
WALKER— NOT GUILTY .
NEW COURT.—Friday, January 8th, 1841.
Fifth Jury, before Mr. Common Sergeant.
538. JOHN HALL, GEORGE BENHAM, RICHARD ANDERSON , and JOHN COPELAND , were indicted for stealing, on the 11th of December, 5 Gibs, weight of sugar, value 1l. 11s., the goods of John Graham, the master of Hall.
MR. CLARKSON conducted the Prosecution.
ROBERT CRAGG . I am foreman at the South Quay, London Docks, and live in Wellington-street, Stepney. On Friday, the 11th of December, I delivered seven hogsheads of sugar to John Hall, the carman of John Graham—the hogsheads were placed in his wagon, between two and three o'clock in the afternoon—one of them was marked "P" in a diamond, No. 10—it weighed 13 cwt. 11lbs. —Hall waited some time for horses, and then drove off.
Cross-examined by MR. DOANE. Q. You do not know where Hall was to take them to? A. No, I am delivery foreman—I saw the hogsheads weighed—I remember the weight of this, because I took a memorandum
of it—this a copy from my delivery book, which is not here—I speak from my recollection, as well as the book—it is from that book I can tell—I see a great many weighed—I am sure my book is correct—if the book had been burnt, I could not swear to the weight.
THOMAS HARDWICK (police-constable E 96.) I live in Upper John-street, Golden-square—about eight o'clock on Friday evening, the 18th of December, I was on duty in West-row, Carnaby-market—I saw Benham in company with another man, who afterwards got away, in West-row—they passed me twice—the one that got away, was carrying a sack which appeared to have something in it, very weighty—they passed out of Cross-street into West-row, then passed me and turned back, and passed me again—I followed them into Marshall-street, and when we got near the bottom, I saw a cart turn out of Silver-street into Marshall-street—Copeland and Anderson were with the cart—Benham then took the sack from the other man's back, and placed it in the cart—Benham, Anderson, and the other man got into the cart—they went on to Holborn, and stopped at a watering-house on the left-hand side—Copeland, Anderson, and Benham went into the house—when they came out, they got into the cart again, and went on down Holborn—I followed them till I saw Brown, and called him to my assistance—I then went to the cart—I called twice to Copeland, who was driving, to stop—I called loud enough for him to hear, but he would not stop—I then caught hold of the horse's head, and asked Copeland if he knew what was in that sack, in his cart—he said, "No, these men asked me to give them a lift," turning at the same time towards Benham, Anderson, and the other man, who were in the cart—Benham then jumped out of the cart, and was making his way down Holborn—I left the cart in care of the other officer—I ran and caught Benham—I asked him to come back with me, and let me know what was in the sack which he put into the cart—he said he did not know what it was, but let it be what it would, they picked it up—I took him back, and found this 56lbs. weight of brown sugar in it—Copeland said he knew nothing about it—I took Benham into custody, and my brother officer took the others.
JOHN GRAHAM . I am a town carman, and live in Upper Thames-street. Hall was in my service—on the 11th of December, I sent him to the London Docks to fetch some hogsheads of sugar—one of them was for Mr. Griss, of Oxford-street—I had not seen them—I gave Hall the order upon the Docks to get them, about half-past one o'clock—he returned home at twelve at night, which was very much later than he ought to have been—he told me before I bad time to ask him about being so late, that Mr. Griss's hogshead of sugar was short weight, and he had been kept while Mr. Griss came down to Booth and Co's, in Upper Thames-street—I gave him the keys of the stable, and while he was unharnessing his horses, he said, rather than there should be any bother about the deficiency out of the hogshead, he would pay it out of his wages—I saw the hogshead weighed at Mr. Griss's, the following day, about twelve o'clock—it was marked, diamond P, No. 10—Hall was not present at the time—it was his duty to deliver a Dock note to Mr. Griss, with the sugar, and Mr. Griss showed me the note—I did not learn from Hall that he had delivered the Dock note as well as the sugar to Mr. Griss—I believe this
to be the note—(looking at it)—the hogshead did not weigh the weight stated on this note—it was 2qrs. 18lbs. short—on that I gave Hall into custody—I have seen Benham in his company.
WILLIAM WOOD . I am a grocer, and live in Carnaby-street. On the 11th of December, about eight o'clock in the evening, Hall brought a hogshead of sugar, and delivered it in my shop—it was in, what we call a dock wagon—there was a man with Hall, who assisted in getting the hogshead from the wagon, and to the best of my belief it was Benham—I said I thought the hogshead was not full, and he said, he thought it was not.
MR. CLARKSON here declined the Prosecution.
NOT GUILTY .
GUILTY .—And entered into recognizances to appear for judgment.
MR. BALLANTINE conducted the Prosecution.
WILLIAM EVANS LLOYD . I live in Sydney-street, Mile-end, and am a cabinet-maker. I have known the prisoner about seven mouths—his son is apprenticed to me—on the 12th of December, the prisoner came to me, and said he had a shipping order for my description of articles—he mentioned several articles—I believed that he had such an order—as he was going away, he saw a table in my shop, and said he thought that table would suit the persons he had the order for—I let him have it to show them, and if not approved, it was to be returned—he asked what would be the price, and I said 10s. (the retail price would be 15s. or 16s.)—I have seen the table since at Mr. Macrow's, and I know it to be mine.
Prisoner. It was to have been included with the remainder of the order—he told me he would send five more, and this would be six. Witness. No, he felt about his pockets, and said he had left the order at home—he said he wished to show this table to a gentleman in the City—it was about six o'clock, or a little after.
Cross-examined by MR. CLARKSON. Q. Was the prisoner tipsy? A. No—he did not mention to me the name of Middleton as the person who gave him the order—he said he wanted some goods for a shipping order, and he wished to take this table to show the party, to see whether tables of this description would suit them, and said he would call on Monday morning on the subject.
GUILTY . Aged 46.
541. JAMES NASH was again indicted for obtaining by false pretences, 2 chests of drawers, value 5l.; 2 washhand-stands, value 3l. 8s.; 5 work-boxes, value 2l. 10s.; 4 pembroke tables, value 6l.; 2 bedsteads, value 6l.; 1 loo-table, value 3l. 5s.; 4 dining-tables, value 8l.; 3 loo-tables, value 9l. 15s.; with intent to defraud William Evans Lloyd.
MR. BALLANTINE conducted the Prosecution.
WILLIAM EVANS LLOYD . I am a cabinet-maker, and live in Sydney-street, Mile-end-road—I have known the prisoner seven months. On Saturday, the 12th of December, he came, and said he had a shipping order for goods in my way—on that occasion he obtained a table—he afterwards
came to me, and mode reference to the same shipping order—he said Mr. Alexander was the agent, and the name of the vessel was the Union—he told me the order was from a respectable house in the City, and the different things were to go to the ship Union—I believed him, and delivered through my servant the articles stated in the indictment—the value of the whole of the property was about 45l. 10s.—I have seen the whole of it, with the exception of two loo-tables, at Mr. Macrow's—I knew it to be mine, and what I had delivered to the prisoner on his representation—he put off the payment at different times till my suspicions were excited, and I made inquiries.
THOMAS MACROW . I am a broker, and live in Back-road, Shadwell. I bought a table of the prisoner on the 12th of December—I afterwards received from him four dining-tables, two washhand-stands, four pembroke tables, two chests of drawers, two four-post bedsteads, and six work-tables—I gave him 18l. 2s. for them altogether.
ROBERT ALEXANDER . I am a shipping agent, and live in Leadenhall-street. About eighteen months ago the prisoner did some work for me, and conducted himself properly—I have had no transaction with him within the last three or four months—I know of no such vessel as the Union—there was certainly none such going to the East Indies—I gave the prisoner no authority to purchase furniture for roe, or on my account—he knew me from the transactions he had had with me.
Prisoner. I have employed forty or fifty hands in the slop-trade; I failed twice, and about three years ago I broke my arm; I have a wife and six children.
GUILTY . Aged 46.— Confined Nine Months.
542. HENRY VARNHAM and GEORGE BELDING were indicted for stealing, on the 5th of January, 56lbs. weight of rope, value 6s., the goods of Nicol Ferguson Harvey, in a vessel upon the navigable river Thames.
NICOL FERGUSON HARVEY . I am the mate of the Rowena—she was off Stone-stairs, in the port of London—on the 5th of January I missed this rope from her—it belonged to me—I saw it safe at half-past eight o'clock on Monday night, and missed it the next morning.
Cross-examined by MR. BALLANTINE. Q. Are you able to say that it is the same rope? A. Yes.
WILLIAM JUDGE . I am a Thames police-inspector. On the morning of the 5th of January I saw the two prisoners come up in a boat along Limehouse-reach—I went alongside of them, and found this rope in their boat, which appeared to have been fresh cut—I asked where they got it—Varnham said he picked it up in the lower part of Deptford, that he left it in the boat all night, and went home and brought it up the next morning.
Cross-examined. Q. Do you know what these men are? A. Yes, dredger-men and fishermen—they are terribly put to it in winter—they cannot get any fish, or any thing to do.
(Belding received a good character, and his master engaged to take him again.)
VARNHAM— GUILTY . Aged 31.— Confined One Month.
BELDING— GUILTY . Aged 18.— Confined Five Days.
Red Cross public-house, in Upper East Smithfield. On the 18th of December the prisoner came to my house—another man asked in his presence if I could let his friend, meaning the prisoner, sleep there—I said "Yes"—one of them gave me a bag—the prisoner staid in the house—he came in and out several times, and staid in the parlour—in the evening my husband went to bed—I took the candle up, and attempted to get into the bed-room, and could not unlock the door—I had been there about five minutes previous, and it was right—I had left it locked—the prisoner was then in his own room, not that room—I sent for a policeman—he and Mr. Stodgell went into the prisoner's bed-room, and told him he could not sleep there—after he was dressed I went and asked him whether he intended to murder me and my children, and who and what he was—he said he was a rogue, and those that sent him were greater rogues than himself, and he was led into it like a lamb to the slaughter—the constable found a dark lantern, three pick-lock keys, and three skeleton keys—my husband broke open the bed-room door—the carpet-bag was given to the officer—something had been attempted at the bed-room door—I am sure there had been no other person at the lock—there was no other lodger in the house.
Cross-examined by MR. PHILLIPS. Q. Did you find any instrument in the house? A. We found a piece of tin at the bottom of the door at the step—we supposed it came off the lantern.
(The prisoner received a good character, and his sister engaged to take him home to Wales with her.)
GUILTY. Aged 23.—Recommended to mercy.— Confined Five Days.
MR. DOANE conducted the Prosecution.
THOMAS WINMILL . I keep a chandler's-shop. On the 24th of December, I went to a public-house with the prisoner—I had known him six months—we drank together—I saw Rosell, who I knew, by coming to my house with the prisoner—I know his person well—before I fell asleep I had a watch safe and five sovereigns, besides some silver—the prisoner and Rosell were with me when I fell asleep—when I awoke I missed my watch and money—Rosell was just leaving the room—the prisoner was pretending to be asleep, but I am perfectly satisfied he was not—I shook him, and he rose up—I said I had been robbed—he said he knew nothing about it, and he had been robbed himself—he lost 3s. 6d. out of his pocket.
NOT GUILTY .
NOT GUILTY .
JOHN DALPHIN . I am an oilman, in Whitecross-street. I know the prisoner had been in the service of Mr. Ashcombe—he came on the 30th of November, and said he wanted a bar of soap for Mr. Ashcombe—he came again on the 11th of December, and wanted some soap, which came to 1s. 6d.—he came again on the 14th for a cake of soap, which came to 1s. 6d.—I believed he was in the service of Mr. Ashcombe, and came from him, and I let him have them.
of November, or the 11th of December, or the 14th of December—I did not receive any soap on either of these days—I did not send him for any soap.
GUILTY . Aged 18.— Confined Six Months.
NOT GUILTY .
MR. DOANE conducted the Prosecution.
WILLIAM BURGESS . I am drover to Mr. Goodman. On Wednesday, the 9th of December, I had thirty-two wether sheep of his, which I placed in Mr. Puddeford's field, at Southall—I went to that field on the following Sunday, the 13th of December, about eleven o'clock—on my way I met two men, named Curtis and Davis—they told me something—Davis had the skin of a down wether sheep—I knew it was the skin of one I had left in the field, and I found one missing—I went to a public-house with them—Davis had the head and pluck without the heart, and Curtis had the neck and breast.
Cross-examined by MR. PAYNE. Q. What do you know the skin by? A. An ochre mark across the loins, and a little black dot below it—I did not make that mark, it was a country mark—other sheep are very seldom marked in that way—the black dot is very unusual.
JOHN CURTIS . I am a labourer, in the service of Mrs. Baxter, she has a field adjoining Mr. Puddeford's. On Sunday morning, the 13th of December, I found a head cut off a sheep, about four feet from the body, and the neck and two breasts and pluck—the neck and two breasts were wrapped up in the skin—there was no heart to the pluck—the field is called Hell-corner field—I fetched Mr. Davis, the bailiff, and we met Burgess—Davis had the skin on his shoulder, and the meat tied up in it—we showed what we had found to Burgess.
Cross-examined by MR. BALLANTINE. Q. What sheep were these? A. South-down wethers—this was about ten o'clock in the morning.
GEORGE DAVIS . Curtis came and showed me these parts of the sheep—I gave the neck and one of the breasts to the policeman—the skin I left with the drover—I saw a shoulder of mutton which exactly corresponded with the neck, and the pith of the neck was cut in two—the meat was not set—it was cut in a very bungling manner—there is a turnip-field adjoining this field.
FREDERICK KEELER (police-constable T 44.) I was in Mr. Puddeford's field on Sunday morning, the 13th of December, and saw some wool in the hedge, and a gap cut in the hedge, and some one had been through—I saw the marks of cord trowsers or breeches on the bank, as if some one had been kneeling—that led to Hell-corner field, belonging to Mrs. Baxter, and I saw foot-marks right from the hedge to the field where the sheep had been killed—there was blood, and the entrails of the sheep lying there—I produce the skin of the sheep, and I have the sheep's head here.
shoes they were—they corresponded with the marks in the field and going from the field.
WILLIAM LAWRENCE . I am a police-inspector. I was at Marylebone Office on the 14th of December, when the prisoners were in charge—I noticed the shoes of Rowe—I observed that they exactly corresponded with the description that Stebbings gave me—there were two nails out on the inside of the right foot, on the toe, and two large nails in the centre, and part of the tip was off—when the prisoners were about to leave the office, I desired Glasscock to take their shoes off—I said that loud enough for Rowe to hear—I saw that shoe again afterwards, and there had been several alterations in it—one of the large nails in the centre had been removed, and the tip taken quite off.
Cross-examined by MR. BALLANTINE. Q. In what situation was Rowe when you were able to ascertain that fact? A. Sitting down, waiting outside the office—I lifted both their legs up, and looked at their shoes—Stebbings bad described the impression to me, and I observed the nails in Rowe's shoes—I said to him, "You are the man that killed the sheep."
WILLIAM GLASSCOCK (police-sergeant.) On Sunday morning, the 13th of December, I was in the Edgeware-road at half-past eight o'clock, and saw the two prisoners coming towards Oxford-street—they were coming as they would if they bad come from Southall, and crossed the Harrow-road, or come by the Canal—they both had bundles—I asked Arnold what he had got—he said he had got mutton—I asked where he got it—he said he had been sleeping just below, (pointing towards Maida-hill,) and he bought it from a butcher's shop just below—Davis, who was with me, untied Rowe's bundle, and there was some fat, and a shoulder of mutton, and some ribs in it—I saw it was not killed in a butcher-like manner, and I told Arnold I should take him to the station—he said, "Can't a man carry a bit of mutton through the street without being stopped by such fellows as you?"—I collared him, and told him he must go—he resisted—I then drew my staff, and said I should be obliged to use it—I called for assistance—Arnold then told me I was a fine fellow to take a man—I took him to the station—he there said his bundle contained a shoulder of mutton, some fat, and some pieces of ribs—he said he bought it of a man at Notting-hill, and gave 7s. for his lot, and his mate gave the same for his—he said he did not know the man he bought it of—I found in Arnold's hat the sheep's heart, and a net which would be of use in catching a sheep or a bare—I found on him a butcher's knife, and another knife, a stone for the purpose of sharpening them, and a key—the meat did not appear to me to be set—Arnold had corderoy trowsers on—I took Rowe's shoes off after the first examination, and I found several nails out, which appeared to have been recently drawn, and half the tip off—I compared the shoes with the marks on the ground—there was a little snow on the ground, but with breathing on it, it would disappear—the marks corresponded with the shoes.
JOHN GOODMAN . I am the prosecutor. These sheep were mine—I trusted them to the drover to be put in the field—I am certain this is the skin of one of my sheep—it is marked across the loins, and has a dot on the hip.
belonged to one animal—I compared them on the morning of the 13th—the meat had not then set—it has not been cut up by a butcher.
Cross-examined by MR. PAYNE. Q. How soon does it set? A. If killed in a proper way, it would be eight or ten hours—I have compared the meat to-day—it fits as well as can be expected at this time—it fitted exactly at first.
(The prisoners received good characters.)
ARNOLD— GUILTY . Aged 60.
ROWE— GUILTY . Aged 34.
Transport for Ten Years.
LOUISA WHITEHEAD . I live in James-street, Featherstone-street, St. Luke's. I have known the prisoner some years—I worked for him as a straw-bonnet maker—a little before last December he proposed to marry me—he was living with Mrs. Brown—I spoke to him about her—he said he was only living with her, she was not his wife—we were married at St. Mary's Church, Dover, by banns, on the 22nd of December—we lived together a month, and then I gave information.
Cross-examined by MR. PHILLIPS. Q. Did you ever live with him before you were married? A. Yes, for about two months, as his wife—I did not know that he was married—I am sure of that—I have been three times to Gibraltar, as stewardess on board a vessel, with no one in particular, mankind in general and women kind—I only staid there a few days each time, to take in passengers—I had no one in particular to take care of me—I was eighteen when I went the first time—I cannot tell how many men were on board the ship—it was a steam-vessel, with passengers from England to Gibraltar—I worked, for Mr. and Mrs. Brown—I remained in the house as straw-bonnet maker, altogether about three years—Mrs. Brown was acknowledged by every servant in the house to be Mr. Brown's wife—I remember her going to my sister's on one occasion—I had not secreted Mr. Brown in the house on that occasion—he was not there, upon my oath he was not—I saw Mrs. Brown on that occasion—her brother, Mr. Ingham, was along with her—I said to her, "Good G—, Mrs. Brown, what do you mean by coming here and accusing me of having your husband here?"—I called Mr. Brown, her husband, to her—her husband was in the house at the time to my knowledge, but I knew him not as her husband—she said, "Where is my husband?"—I said, "He is not here"—I never slept with him before that—I do not remember the landlord turning me out of a house, and would not let me sleep there because I had not a ring on my finger—I remember a house where a picture was over the chimney-piece in the bed-room—I shall not tell you what picture it was—I forget where the house was—I slept in that house—that was after the third voyage to Gibraltar—it was in 1889—I think it was in September or October—it was before I was married—I never told Mrs. Brown that the prisoner said he was never married to her.
Cross-examined. Q. Was there ever the slightest doubt in the house that she was married to your brother-in-law? A. No.
NOT GUILTY .
MR. PHILLIPS conducted the Prosecution.
HENRY JAMES . I am in the employ of William Edgar, a silk-mercer, in Piccadilly. On the 23rd of December, the two female prisoners came into the shop—Rebecca asked for some sarsenet ribbons, and purchased three yards—I showed her several other things—she bought some—at last I showed her a box of lace—the lace was on cards—they both looked at them, and passed them from one to another—they both decided on one piece, and Rebecca told me to cut off 2 1/2 yards—she then chose another piece, and had one yard of that—I cut it off—they then looked at different pieces—Rebecca fixed on another piece, and I cut off 1 1/2 yard of that—she took up a card and asked the quantity—I said I would measure it for her—I did so—it was between three and four yards—I put the lace back again, as I thought—I asked them whether they wanted any thing else, and they bought a woollen handkerchief—I was going to make out the bill, and saw Mary Ann bad her hand under her shawl, as if doing something under the corner of it—I looked at her—she observed it, and said, "How very cold it is to-day," and shrugged up her hand closer—I made out the bill, and said it was 1s. 9s. 4 1/2 d.—Mary Ann then opened her hand, and I saw a sovereign and 5s. or 6s. in it—she said to her sister, "Then I have not got enough money"—Rebecca said, "We have not enough money, my sister will go and fetch more, and I will stop here—she has not far to go"—she said to her sister, "Be as quick as you can, you know where to find it, it is in that bag; you know where"—Mary Ann left the shop, and Rebecca remained—Mr. Hope requested her to walk into the counting-house, and she did so.
Cross-examined by MR. DOANE. Q. Rebecca asked for all the articles? A. Yes, and told me what to cut off—they both chose the pattern—I know there is no other partner in the business but Mr. Edgar.
Cross-examined by MR. LUCAS. Q. Does any one sleep on the premises? A. Yes.
ROBERT HOPE . I am superintendent of Mr. Edgar's shop—there are between sixty and seventy young men in the shop—I asked both the sisters to walk into the counting-house, and they did—I desired a constable to be sent for—previous to asking them to walk into the counting-house, I had seen Mary Ann leave the shop—I ran out of the warehouse-door, and at the corner I saw her in conversation with the prisoner Williams—at that time I sent for a constable—Mary Ann's hand was extended, and he was pulling his hand out of his pocket—I believe he had a purse in it—I told her to walk in, and desired Wetton to take Williams, which he did—Mary Ann went back to the shop, and went up to her sister, who was sitting in the shop, and said, "This gentleman says he wants to speak to me"—Rebecca said, "What does he want with you?"—I said, "I want to speak to you like-wise"—I told them both to walk into the counting-house—I said I had very good reason to believe that they had property about them not their
own—I believe they both replied, "I hare not got any," and Mary Ann placed herself before me, and extended herself—I endeavoured to pay attention to Rebecca, and observed her hands were employed under her dress, and immediately a quantity of lace fell from her—the manner in which Mary Ann stood, would have concealed Rebecca in some degree from my view—I picked up seven cards of lace—I gave them to the policeman—(examining it)—this is Mr. Edgar's property.
Cross-examined by MR. LUCAS. Q. How far from the shop-door did you see Williams? A. About six yards—I did not see Mary Ann give any thing to him—she was holding out her hand ready to receive something—I am sure he took his hand out of his pocket.
JOSEPH HENRY WETTON (police-constable C 172.) I have the lace—I took the prisoners to the station—as we were going along, Rebecca offered me 5s. not to mention the purse—Mary Ann claimed the red purse—Rebecca said nothing about having claimed it.
THOMAS STEWART ROGERS (police-sergeant C 3.) I took Williams at Mr. Edgar's shop—I found two purses on him, one of them was red, and the other green, two keys, and a knife—there was 13s. in one purse, and a half-sovereign and 10s. in the other—I went to the counting-house and saw the two females there—I held out the purses, one in one band, and the other in the other—I asked whose they were—Mary Ann said, "The red one is mine"—I said, "How do you know it?" she said, "There is a duplicate in it"—I asked them if they knew Williams—they said no—I spoke to Williams afterwards, as to his knowledge of them—he said, So help him G—d, he did not know either of them.
ANN SMITH . I am the wife of Robert Smith, a shoemaker, in Long Alley, Finsbury—the prisoners Williams and Rebecca Clark lived together as man and wife, by the name of Smith, in my house, for two months previous to the 23rd of December.
MART ANN CLARK . I am a widow, and manage my brother's house—on the 19th of December, Williams and Rebecca Clark took a room of me, and furniture was brought in—on the 22nd of December I saw the two females—they brought a bundle—Williams joined them—Rebecca called him her husband—Williams told me he worked in the docks.
WILLIAMS— NOT GUILTY .
REBECCA CLARK—GUILTY. Aged.—Recommended to mercy.
Confined Six Months.
MARY ANN CLARK— NOT GUILTY .
Before Mr. Common Sergeant.
JAMES WAKE . I am a ribbon weaver. On the 26th of December, I was at the Red House, at Barking side—I saw a man with Mr. Ingram's cart—the prisoner shook hands with him—the man then got into the cart and drove away—I saw the prisoner take two half loaves of bread out of the cart, from behind—he put them into his apron—I had
not known him before—he went towards Ilford, and returned in two or three minutes.
Cross-examined by MR. PAYNE. Q. Where were you standing? A. Outside the Red House, three or four yards from where I saw these loaves taken—it was between five and six o'clock in the evening—the prisoner was not sober—he appeared to be on friendly terms with the baker's man—there was another person with me, named Pitman—the prisoner was found lying in the tap-room, drunk, a very few minutes after.
BENJAMIN HERBERT . I am landlord of the Red House, at Barking-side. Mr. Ingram serves me with bread—a young man drives the cart—the prisoner was at my house after the baker went away, on the 26th of December, and being tipsy, he began to make a disturbance in the tap-room—I put him out, and asked a young man to give me the prisoner's fish-basket out of the tap-room to prevent his going in—when he set it down a 2lb. loaf rolled out—I found these two 2lb. loaves, and one 4lb. loaf, and two small cottage loaves in it—I told him I was afraid he had stolen the bread—he said he had not—he went away, and came again in half an hour—I let the baker know, and he identified them.
Cross-examined. Q. You let him go away with the bread? A. Yes, except a 2lb. loaf, that was left in the yard—it was boxing-night—the baker's man had been drinking—the man told me the prisoner was in the road, lying against a house 100 yards off.
WILLIAM RAY . I drove Mr. William Ingram's cart—he is a baker—I met the prisoner at Barking-side—I knew him before—when I drove away, I missed one 4lb. loaf, two 2lb. loaves, and two cottage loaves—they were taken from the back of the cart without my knowledge—there is a door behind.
Cross-examined. Q. You were friendly with this man? A. Yes—we had been drinking rum and water together—I do not know Wake—he is a stranger to me—I can swear to the two small loaves, but not to the others.
JURY to WILLIAM RAY. Q. How is the back of the cart fastened? A. By a catch—it is easily opened.
NOT GUILTY .
Before Mr. Sergeant A Arabin.
ANN JOHNSON . I am the wife of James Johnson, a hosier and haber-dasher, in Flagon-row, Deptford. On the 23rd of December, at half-past six in the evening, these stockings were in the shop window, in one parcel—I saw them at the station in the course of the evening—I swear they are ours, by the string they are tied with, and they are the same quality and number.
JANE LOCKHARD . I live at Deptford. On the evening of the 23rd of November I saw Miller and Kelly near Johnson's shop—Miller stepped into the shop, and Kelly stood by him, holding a handkerchief out, as if to receive any thing—Miller saw me, and stepped back out of the shop—I
walked away—they followed, and watched me, and then turned back—I told a policeman what I had seen.
Miller. Q. Did you see me near the shop? A. Yes—there might have been a third boy without my seeing him.
JOHN DOWSON . I am a pawnbroker at Greenwich. On the 23rd of November, about seven o'clock in the evening, Hawes brought three pain of stockings to pawn for 2s.—I questioned him, and he said they belonged to his brother, who was ill in bed, and could not come himself, but if I would let him go he would bring his brother's wife—I sent for an officer.
JOHN GARDEN . I am a policeman. I was fetched to Dowson's shop, and took Hawes, with the stockings—I asked who they belonged to—he said, to his brother, and afterwards said he picked them up in the street.
Millers Defence. I was not near the shop, and know nothing of the stockings; I was in the road; there was a row, and I heard there was a dozen stockings stolen; I went home.
HAWES— GUILTY . Aged 18.
MILLER*— GUILTY . Aged 14.
Transported for Seven Years.
KELLY— GUILTY . Aged 9.— Transported for Seven Years—Parkhurst.
SARAH PELLATT . I am the wife of Fortunatus Pellatt, who keeps the Ship and Half Moon, at Woolwich. On the 30th of December, I missed six or seven lbs. of beef, and a bone, which had been safe in my pantry in the yard, on the 29th—some beef was produced by the policeman, which I believe is mine—it was in one piece when it was taken, but is in two pieces now, and this is the bone.
CAROLINE CARTER . I was at Mrs. Pellatt's, and saw the prisoner there about three o'clock, with the beef by her side, and a marrow bone—I asked her how she came by it, she said a sailor gave it her—this is it to the best of my belief—it was not covered—any one could see it.
Prisoner's Defence. I was at Mr. Pellatt's, and a sailor came and asked me to accept of the beef; he gave it me; I remained there an hour and a half, and then Carter took it home in her basket for me.
NOT GUILTY .
JOHN BAKER . I am a baker, and live at Woolwich. On the 18th of December I was sitting at tea—the prisoner came in, and took two loaves—I opened the parlour door—he said he would be in in a minute—in about two minutes he returned, and I saw him throw a black handkerchief over the loaves, and walk away—I went to my neighbour's, and saw the two loaves which the prisoner had taken, on the counter there—I waited there till he came in for them.
JOSEPH GILES . On the 18th of December the prisoner came into my house with two half-quartern loaves—he asked me to let him leave them on the counter—while he was gone the prosecutor came and claimed them.
NOT GUILTY .
555. MICHAEL HUNTER was indicted for stealing on the 17th of December, 1 watch, value 2l.; 1 watch-chain, value 3s.; 1 seal, value 1s.; and 1 watch-key, value 1s.; the goods of David Thompson, from the person of Daniel Forbes.
DAVID THOMPSON . I am a private in the 61st regiment—the prisoner is a private in the same regiment. I had a watch, chain, and seal, but I had no pocket in my trowsers, and Forbes had it to keep till I had one—this watch and appendages now produced are mine.
DANIEL FORBES . I am a private in the same regiment. I had the care of this watch on the 17th of December—it was round my neck with a guard-chain—I was at a public-house—I had been drinking, but was quite sober—the prisoner was there, and came to the corner of the table where I was sitting—I was in the act of getting a pennyworth of apples from a woman in the room, and I felt the prisoner in the act of putting his hand into my pocket—he said my coat was all over dust—I looked, but could not see any—I then felt a snatch, and the prisoner went out—I directly missed the watch from my pocket.
Prisoner. Q. Did you not call me over to where you sat? A. No, I did not.
Prisoner. You gave me the watch to take care of. Witness. No, I did not know he had it till he was gone.
DANIEL RIORDON (police-constable R 207.) I took the prisoner—I asked him if be had taken a watch—he said "No"—I asked if he had pawned a watch—he said "No"—I took him to the pawnbroker's, and then he said he saw the chain of a watch hanging from Forbes's pocket, and Forbes gave it him to pawn.
GUILTY . Aged 28.— Confined Three Months.
Before Mr. Common Sergeant.
556. MARY ANN MARSH was indicted for stealing, on the 24th of December, 1 pair of ear-drops, value 1s. 2d.; 1 iron-pot, value 1s.; 5lbs. weight of rags, value 1s.; 2lbs. weight of brass, value 1s.; 2 frocks, value 1s. 6d.; 1 candlestick, value 1s.; 1 flat-iron, value 6d.; 6 knives, value 6d.; 6 forks, value 6d.; and 1 handkerchief, value 6d.; the goods of Harriet Mary Luce: and 1 saucepan, value 1s.; 2 handkerchiefs, value 1s.; 4 knives, value 4d.; 4 forks, value 4d.; and 1 cap, value 4d.; the goods of William Turness; and that she had been before convicted of felony.
Prisoner. I was washing for her, and she gave me the eardrops. Witness. I did not—here are the tops of my ear-drops, which I had lent to a person in the house—I had put the drops on the mantel-shelf, as they
I were too heavy for me—I taxed the prisoner about them when I milted them, and she denied all knowledge of them.
SARAH TURNESS . I am the wife of William Turness—I lodge at the house. I lost an iron saucepan and a cap, and various other things—I asked the prisoner about them several times, and she denied them—my saucepan has been found, and one of my knifes—these are them—I did not lend them to her.
GUILTY . Aged 18.— Transported for Seven Years.
557. ELIZA DUNBAR, SARAH HARROD , and HANNAH BARTLETT were indicted for stealing, on the 17th of December, 1 purse, value 6d.; 6 half-crowns, 8 shillings, and 2 groats; the property of Joseph Lawrence, from his person.
JOSEPH LAWRENCE . I am a confectioner, and live in Pitt-street, Peckham. On the 17th of December I was going through the Broadway, Deptford, at twelve o'clock at night—I had had something to drink—I passed the three prisoners—they were together, and appeared to be talking to one another—they made some remark, and followed me fifty yards—they were walking my way—after I had got some distance they came behind me—I suspect it was the whole three—they pushed against me—there was more than one, but they came behind me, and I could not see very well—immediately I turned, and saw Dunbar and Harrod running in the road—I did not see where Bartlett was—I put my hand into my pocket, and missed my purse—I ran, and overtook Dunbar—I said, "You have robbed me"—she said, "Here is your purse, it was not me that took it, it was the other girl," giving it to me—Harrod was then gone on—there had been 1l. 4s. in my purse—it was gone—I gave her into custody—Harrod was taken about ten minutes after—this is my purse.
NICHOLAS MULLINS (police-constable R 104.) I saw the three prisoners together about twelve o'clock—I heard of the robbery about ten minutes after—I then met Harrod and Bartlett going towards Deptford—afterwards I met Harrod going the other way—I took her—she said it was Dunbar that took the purse—I found near the place some stockings and other thing, and Bartlett accused Dunbar of taking them from her—I found 11d. in copper on Harrod, but no silver—when Harrod came to the station she said it was the other girl that left her shoe—there was a shoe of Bartlett's found there.
BENJAMIN LOVELL . Bartlett was brought to the station, and said she had lost a great many things herself—my Inspector and I were coming down Deptford Broadway, and the other constable was coming down Deptford-bridge, and this was done between us—Harrod bad not got a hundred yards—the prosecutor was drunk at the time—Dunbar was taken on the spot—we were looking with three lamps the whole night, but we could only find a four-penny-piece, and Bartlett's property.
Dunbar. I know nothing of the robbery.
Harrod's Defence. I was not with her when she robbed the man—I was half an hour before.
NOT GUILTY .
558. JOHN PAYNE was indicted for stealing, on the 31st of December, 2 sheets, value 5s., the goods of James Campbell; also, on the 31st of December, 2 shirts, value 11s., the goods of John Goodchild; to both of which he pleaded
GUILTY . Aged 18.— Transported for Seven Years.
(There were other charges against the prisoner.)
559. JOHN OAKLEY was indicted for stealing, on the 23rd of December, 1 candlestick, value 2s.; 2 mugs, value 3s. 6d.; 1 wine-glass, value 9d.; I carpet, value 8s.; 1 tumbler, value 1s.; 1 spoon, value 2d.; 1 towel, value 6d.; 6 knives, value 1s.; and 4 ornaments, value 4s.; the goods of Isaac Day.
ISAAC DAY . I keep a beer-shop in the Greenwich-road. On the 23rd of December I had some goods brought from London, and employed the prisoner to assist me in unpacking them—I afterwards missed all the articles stated—a spoon and a towel are here—these are part of what I lost.
Prisoner. Q. Was there any other person employed to take the things out? A. No, only the man who moved the goods down—you were up in the room.
Prisoner. That spoon and towel belong to the landlord of the North Pole public-house. Witness. I swear to them, and here is the fellow-towel to this one—they are marked "G."
ALICE READING . I keep a lodging-house. The prisoner sold this towel and spoon to me, on Monday evening, the 28th of December—he asked the price of a pint of beer for them, which is 2d., and I gave it him—I then found the spoon was silver—I got an officer, and gave him in charge.
Prisoner. In August, 1839, I was in Calcutta; I went raving mad, and was in the mad-house there; I was brought home to the London Dock in July last, and was given to the Thames police; I escaped, and got on board various ships, to try to get service; I was at the North Pole public-house, and this derangement came over me; I took this spoon and towel, and a knife, from there, on the Monday night.
JOHN WALKER (police-constable R 182.) I took the prisoner—he said he had these things from his wife—he was remanded, and I made inquiries at the North Pole public-house—I have known the prisoner from a boy—he has not been deranged, to my knowledge—he has deserted twice from the army.
GUILTY . Aged 35.— Transported for Seven Years.
HENRY POTTS . I am a builder, and live in Blackheath-road, Greenwich. I employed the prisoner as a labourer, on the 21st of November he came to me and said he was authorised by Smith to receive his wages—Samuel Smith worked for me, I owed him 9s. 6d. wages—in consequence of what the prisoner stated I paid him 9s. 6d.—I should not have paid him but for his stating he was authorised to come from him.
SAMUEL SMITH . I work for Mr. Potts—I did not authorise the prisoner to go to him to ask for any wages on the 21st of November—if he received 9s. 6d., I never got it from him—I did not tell him to get it.
Prisoner. He authorised me to get it and give it him—I should have paid it on the Monday morning, but I lost it. Witness. No, I did not order him to get it, nor did I receive it.
GUILTY . Aged 45.— Confined Nine Months.
561. JAMES WATTS, JOHN HEALEY , and WILLIAM DIXON were indicted for stealing, on the 21st of December, in the dwelling-house of John Brown, 1 watch, value 4l.; 2 guard-chains, value 5l.; 8 breast-pins, value 1l.; 1 seal, value 3d.; 2ozs. weight of sealing-wax, value 6d.; 1 whistle, value 2d.; and 1 toothpick, value 2d.; the goods of Gregory Brown: to which
HEALEY pleaded GUILTY .* Aged 16.— Confined Six Months.
GREGORY BROWN . I am the son of John Brown; he keeps the Royal Artillery canteen, at Woolwich—Healey was in my father's employ, and was discharged—I had a watch, two guard-chains, and the other things stated—I saw them safe on Sunday the 13th of December, I missed them on Monday the 21st—I have seen them since, to the best of my knowledge they are mine—they were in a box in my bed-room, which was locked, but the lock was unsafe—there was no appearance of breakage at any time—I do not know how any body got them—I know Watts and Dixon by sight, they were in the habit of coming to my father's house—it is his dwelling-house, and in the parish of Woolwich.
Cross-examined by MR. BALLANTINX. Q. Had Dixon access to this room? A. Any one might have—he was not living in the house.
FREDERICK POW . On Tuesday, the 22nd of December, Watts came to my master's shop, which is a pawnbroker's; he brought a gold chain with a swivel seal, and offered them for sale—I stopped them—I am sure he is the person—I have showed them to the prosecutor, and he has identified them.
Cross-examined. Q. Had you known him before? A. Not to my knowledge, there was nothing particular to attract my attention to Dixon—I can say he is the person—I should not be able to speak with equal certainty to other parties who had been in the shop—his features attracted my attention—I did not notice any thing particular about him—he had a fustian coatee on—I could not swear to him by his coatee—I was not told he was the man, I saw him at the bench and knew him directly.
JAMES PARRY (police-sergeant R 8.) I took Watts, a gold pin fell from him, and on the road to the station, some sealing-wax fell from him—it has been shown to the prosecutor—I took Dixon, a guard chain, seal, and pin were found on him—they have been identified by the prosecutor—the whistle was found by another officer—it was thrown away.
(Dixon and Healey received good characters.)
WATTS— GUILTY . Aged 16.
DIXON— GUILTY . Aged 19.
Recommended to mercy.— Confined Six Months.
Before Mr. Baron Rolfe.
562. DAVID SMITH and THOMAS ROSSER were indicted for feloniously assaulting William Doust, on the 19th of December, at Lewisham, putting him in fear and danger of his life, and taking from his person, and against his will, 1 watch, value 6l. 6s.; 1 watch-key, value 6d.; 1 splitring, value 1d.,; 1 watch ribbon, value 1d.; 1 sovereign, 1 half-sovereign 1 sixpence, 2 pence, and 1 halfpenny, his property: and immediately before and at the time of said robbery, feloniously beating, striking, and using other personal violence to him: and that Rosser had been before convicted of felony.
MR. CLARKSON conducted the Prosecution.
WILLIAM DOUST . On Saturday, the 19th of December, I was gardener to Mr. George Halfhide, of Clare Lodge, Perry-hill, Sydenham. I left Perry-hill that night, about five o'clock, as near as I can guess—I had received 24s., my wages, that night, and had 6s. 6d. in my pocket besides, and also a watch—that was all I had with me—my way home leads me through Southend-lane, which is in the parish of Lewisham—I got to Southend-lane about half-past five o'clock—I met one man in Southend-lane following a dung cart—it was neither of the prisoners—I was going to my lodging at Southend—when I got about a mile up Southend-lane, I was stopped by two men—I first passed one of them, and he gave way to me on my right—it was very dark—after I passed him I turned round to look who it was—he had got something black over his face—as I was turning round to look at him, I received a severe blow on the temple from something very heavy and blunt—I was not at that time able to distinguish the features of either of the men—it knocked me down and partly stunned me—I asked them what they wanted, and they stuffed something into my mouth—I was sensible enough to see that there were two persons—I got up as soon as they left me, I arose with them—when I asked what they wanted, they did not speak at all, but stuffed something into my mouth—I felt a great pressure on my stomach, and felt their hands at my watch—I put my hand down to save my watch, and found the ribbon was broken—the pressure on my stomach was like somebody kneeling on me, or something like that—I was not entirely sensible, and not able to make the least resistance—I do not think they remained on me more than a minute—I should think I recovered myself half an hour after, and I found I had lost a sovereign, a half-sovereign, a sixpence, and 2 1/2 d., a bunch of four keys and a ring, and a bag the money was in—the money was all in a bag—my watch was also gone—I arose with them as well as I could, and ran a few steps, but fell down again—I arose again, and fell again directly, and found I could not pursue them, and then I quite lost myself, and did not know where I was for half an hour—as soon as I came to myself I found the injury I had received on the head—I did not bleed much—I lost my way through the state I was in, but at last I got into the lane—I happened to take the right turning, and went on—I came to Sydenham—I there saw a policeman, and told what had happened—it was about six o'clock, I was told, or a little after—when I had sufficiently recovered myself, I accompanied Mr. Kemp, a miller at Southend, to where I was robbed, to see if 1 could find any thing, and I found the stick now produced, lying down on the spot where I had been lying—the weather had been very heavy and dark for a few days before, and there was snow on the ground—I also picked up part of my ribbon and the key of my watch, and a black stock, which had come from a man's neck, a few paces further—I delivered that to the constable—I was quite unconscious who the persons were who did this—I know the prisoner Smith quite well—he had been in the service of my employer, Mr. Halfhide—he left the service about twelve months ago last August,
in hay-time, 1839—it has been my habit for four years to leave work on Saturday night, and go to my lodging—Smith was quite aware that that was my practice, and he knew very well that I had a watch—he was aware that it was my habit to receive my wages on Saturday, and come home at five o'clock—I know Rosser quite well—he had not been in Mr. Halfhide's service, but I have known him six or seven years—if either of the prisoners had been there, and spoken while I was sensible, I believe I should have recognised their voices well—neither of them spoke during the attack, but one said, hem—on the following day, Sunday, I went with the policeman Kirby to the spot—(I do not think I made any effort while on the ground)—I think I had a piece of paper with me when I left my master's, but I am not certain—there was a piece of paper with lines drawn and figures, and I turned it over and saw something on it—I recollect the word "fines," or "sewers"—one side was printed—the figures were written—the "fines" and "sewers" were in print—there was nothing else that I recollect on the paper—I think I had last looked at that paper on the Sunday before the Saturday of the robbery—I had got it from the brewhouse—I took it and put it into my pocket then, and have not any recollection of it afterwards—Kirby showed me a piece of paper after the robbery—it was the paper I had put into my pocket the Sunday before—this is it now produced—I attended before the Magistrates at Greenwich on the 28th of December—after the case had been partly inquired into, the prisoners were put back into the cells at the back of the Court, I was walking in the yard near those cells, and while doing so, Rosser called to me—I went up to him—Smith was not in that cell—I cannot say whether he was within hearing—Rosser said to me, "I am very sorry for what I have-done"—I said, "I could hardly believe you were the man"—I did not tell him why, but I thought he would not have committed such a thing—I asked him where my watch was—he told me it was in the Black Horse stables, in the first stable on the right-hand going up the yard—I went to that spot in company with Walker, the constable, the same evening, and in the first stable on the right-hand side I saw Walker find the watch, which I had lost that Saturday night—the one produced is it—the cook had given me half a sovereign—I gave her 4s., and I was to bring her 6s. the next morning.
Smith. He cannot say it was me—I do not know what reason be has to think it was me.
JOHN BECKWAY . I am a haybinder, and live at Catford-hill, Beckenham. On Saturday, the 19th of December, I left my work, at Mr. Egerton's, about a quarter after four o'clock, and came, in company with the prisoner Smith, on my way home, almost a mile, to the road which leads to Catford-hill, and turns up opposite the Black Horse public-house—I parted with him there—the Black Horse is at Rushey-green, in Lewisham parish—I went up Catford-hill—he appeared to me to be going past the Black Horse, as he was on the contrary side of the way, but I did not turn back to see if he went to the Black Horse or not—I think the Block Horse is about two miles from where the prosecutor was robbed, but you might cross the fields—I left Smith at about twenty minutes to five o'clock.
JOSEPH COLBORN . I am ostler at the Black Horse public-house, Rushey-green—I know the prisoners. On the 19th of December our pot-boy was absent, in consequence of which I had to do his work, from the 14th to the 19th, and Rosser came to assist the other ostler, in cleaning
out the stables during that time—on Saturday afternoon, the 19th of December, I saw the prisoners at the Black Horse, standing outside the door together, just at the side of the tap-room window—that was just before five o'clock—they were standing talking together—Smith went and lighted his pipe, and went across the road, towards Catford hill—I did not observe which way Rosser went—I saw nothing more of them till I went out with my beer at six o'clock—I then saw Rosser in the tap-room—I do not know whether he had any right to be absent between five and six o'clock.
WILLIAM SHILLING . I am one of the ostlers at the Black Horse public-house, Rushey-green—I employed Rosser to help me to clean out the stables on the Saturday in question—I saw Rosier that evening, and gave him some beer and bread and cheese, it was then just at dusk—I saw him again that evening—I go home of a Saturday night at seven o'clock to bed, being up all the week, and I saw him in the front of the house, and gave him 2d. to get a pint of beer, to look if any thing pulled up in front—I did not see Smith there then—I had seen him a little before five o'clock that evening in, front of the house—he spoke to me—Rosser told me that afternoon, while he was cleaning out the stable, he was not in any employ at that time, and that he was going to work on the Monday—he said he had been out of employ several days—I think our clock is generally a little fast.
ROGER HAVARD . I am an inspector of the R division of police, stationed at Lewisham. On Saturday, the 19th of December, about half-past six o'clock, I received information of the robbery—I went to Doust's house that evening, and got from him this stick or stake, which I produce, and this black stock—on Sunday morning I saw Smith passing opposite the station-house door—I sent a constable to call him into the station, and asked him where he was on Saturday evening—he said he came down from Southend to Rushey-green between four and five o'clock, in company with a man named Beckway, whom he left at Rushey-green, by the Black Horse public-house, and then he went down Lewisham for the purpose of seeing a man named Homeward, to whom be had sold a donkey—he went as far as the Rising Sun, and there met a man who informed him that Homeward was not at home, consequently he did not go any further, but returned home to nurse his family—I asked him who the man was that informed him that Homeward was not at home—he said he did not know—I then asked him what money he had—he said, "Only a few halfpence"—I desired him to pull them out—he pulled out 8 1/2 d. in copper—I asked him if that was all he had—he said no, he had half-a-sovereign, which he pulled out of his pocket, wrapped up in a piece of light brown sugar-paper—I asked him where he had got the half-sovereign from—he said he had earned it, and gave change to a man for it at Bromley, in the street—(this paper which I have in my hand contains a few questions which I put down—I put them down the day after—this other paper is a similar memorandum, merely putting it down shortly—I made that directly after the other—the larger memorandum I made the day after I apprehended Smith, previous to going before the Magistrate—at the time I made it, all these matters were fresh in my mind—I put it down for that purpose—I am certain what I have stated is correctly what passed)—I asked him who that man was who he gave change to in the street—he said he did not know—he afterwards said he had pledged a coat and waistcoat on the Tuesday previous for 10s., and had given his wife on the Tuesday 2s. or 3s.
from that money—he then recollected himself, and said he did not give his wife any on the Tuesday, but gave her 5s. or 6s. on the Saturday, (which was the day of the rubbery,) and with the remainder he purchased herrings, apples, nuts, and oysters—I then desired him to take off his shoes, which I produce—I went with Doust to the spot where he said he had been robbed I there found the impressions of men's shoes—the snow was then quite thick on the ground—this right shoe has only half a plate on the toe, the other has a whole plate—there are six rows of nails in the soles, and eight nails in the middle of the heel, all of which exactly corresponded with the impressions—I made a corresponding mark by the side of those that were there, and also put the shoes into some of them—in the impressions I found in the snow there was the absence of the portion of the tip on one of the shoes—those that I found exactly tallied with those that I made—the shoes are rights and lefts, and so were the impressions—I ascertained the numbers of rows of nails in the impressions quite plainly before I put the shoes into them—I feel confident that these shoes made the impressions I found—I traced the impressions across the fields into the foot-path that leads into the Southbend road, which is the turnpike-road to Bromley—I know where Smith then lived—I traced the impressions in the direction to Smith's house, and within 250 yards of it—it is full half a mile from the place where the robbery was committed, to Smith's house, the way they went across the fields—the impressions were quite plain across the fields as well, for I made corresponding marks along the road—I afterwards went to Smith's house—I there found this bill-hook in a cupboard in his bed-room—it has a rough edge, and is notched—I afterwards compared it with the stick that was given me by Doust, and it is my impression that it was cut by this bill-hook—I tried two marks on it. to the stick, and they exactly fitted—the stick had been partly cut, and then knocked down—when I looked at the bill-hook, it was my impression that it had cut the stick, but I had not the stick with me then—here is a chip in the stick, which corresponds with a notch in the bill-hook—I only speak as far as my impression goes—I saw nothing of the prisoner Rosser until Monday, the 28th, after he had been examined before the Magistrate a second time—he then stood committed, but was remanded for a fortnight—he was in the inspector's room, about to be removed to Magistone—he said he wished to tell of the whole affair—I said nothing to induce him to make a statement, nor did I threaten him in any way—I not only cautioned him that whatever he might say would be taken down, and made use of against him, but I told him he had better not say any thing—he was likewise cautioned by my superintendent and the Magistrate's clerk not to say any thing, and told that what he said would be taken down in writing, and be used against him—he did make a statement, which I took down from his lips without asking a question, and after I had done so he put his name to it—this is the statement he made—(reads)—"Abouta month ago Smith came to me when I was at work at Bromley, and said he wanted some money, and said he knew of a chance—that Doust, the gardener, in coming home on Saturday night had always 33s. or 34s. with him, besides a watch; he knew what time he came down the lane, and wanted me to come with him—I said, perhaps I might, but I went another road to miss him—I saw him on the Monday following, and he asked me how it was I did not come, I said I worked too late—he then said he would meet me on the following Saturday
night, I said I should see him again before then. I saw him in the middle of the week, and he said, 'Will you go with me next Saturday night?' I said, 'You meet me by Southend, somewhere;' which I did not—when I saw him again, he said, 'You are not a man of your word.' I told him it was so light, I was afraid of being found out. Then I don't think I saw him for a week afterwards; when I again saw him, he said, 'It will be darker next Saturday night, will you go?' I said, I did not expect I should be in work, and I should see him about somewhere. On the Saturday it was done, he was going to London in the morning, he said, 'I shall see you when I come back;' when he came from London, he said, 'I shall be down by and by.' He came down to the Black Horse about dusk, and went in and lighted his pipe—he came out again and said, 'Come on, let us go;' and he went up the walk opposite the Black Horse, and I followed him. In going across the fields he took his hand-bill out and cut the stake off from the side of the hay-stack—we both went across into the lane, and Smith said, we had better go lower down the lane, as it would be darker there—then two men came along, and Smith' said, 'That is not him'—after they had passed, Smith said be would knock him down, and Smith gave me his apron to put in his mouth; and said he would take the watch and money he bad got—presently the gardener came along, and he said, 'Here he comes.' Smith then went out into the road, and knocked him down with the stake—he took what he had, and gave a cough, as much as to say, Come on. He said, he had owed him a grudge for a long time; and said, 'I don't care if I have killed him.' I said, 'G—d forbid that it should be like that.' I said,' I wish I had not come now.' He gave me the watch and sovereign to hide up, which I did; and he said, 'I will see you another day,' I hid the watch in the stable the same night, and kept the sovereign in my pocket—Smith said I was to change it and give him half—the keys and the bag were thrown into the stream by Smith—then we came out at the gate into the Southend road, and I bid him good night, and Smith said be would slip home and sell his nuts, to which I made no answer, but bid him good night. If it was not for Smith, I should not have been led into it—Smith said, 'I know it is a good watch, for be has not long had it.' I changed the sovereign at Bromley on Monday morning—I did not see Smith afterwards till he was in custody. Signed, THOMAS ROSSBR."
COURT. Q. You say Smith told you he went down Lewisham to see a man named Hay ward, is that in a direction towards Southend-lane? A. No, quite a contrary way altogether—Southend is about eight miles from London, just past the seventh milestone.
WILLIAM GLADWIN (police-constable R 122.) On Sunday morning, the 20th of December, about half-past seven o'clock, I went by myself to the spot where the robbery is said to have been committed—I traced the footsteps of two persons from that place across the fields, into the Southend-road—the snow was on the ground very thick at that time—the marks were exactly the same over the fields, as where the robbery was done, and in the first field I observed that the man who had the largest feet, which is Rosser, had fallen down—I traced the footsteps of the two persons into the footpath leading into the Southend-road—after they got over the gate that leads into the road, Smith's footmarks went towards his own house, and Rosser's towards Rushey-green, where Rosser lives—I know the house where he lives perfectly well—I traced his footsteps within a mile of his house, and Smith's, within 250 yards of his house—I afterwards
took off Rosser's shoes at the station—I remarked that one of the nails stood below the rest, and as I was looking at them, Rosser said, "I nailed them on Sunday morning, and put this fresh piece of leather on the heel, and by putting fresh nails in I drove some of the others out"—I afterwards compared those shoes with the footsteps, and found they corresponded, and bad it not been for the nails he had put in, I am sore they would have exactly fitted—among the footmarks, there was one in a furrow which was very bald at the toe—it had no nails at the toe, and there were no nails in one of the heels—here are Rosser's shoes—when I took them off his feet, some of the nails appeared to have been recently put on—they were quite new—there are no nails at the toe of one of the shoes, but a piece of leather having been put on the heel, I could not identify that—I examined Rosser's person, and observed a scar on his knee, as if it had been recently bruised from a fall—Rosser's shoes corresponded with the larger footsteps.
Smith. If he is witness enough to tell one footstep from another, he is witness enough to tell who cut the stake.
WILLIAM KIRBY (police-constable R 155.) I went on Sunday morning, the 20th of December, with Doust, to the spot where he was robbed—he pointed out to me the footmarks of two persons in the lane near where the robbery was committed—behind a tree, at the top of the bank, I observed the footmarks of one of the two persons—I followed the footmarks across the field, to the gate leading from the footpath out of the field into the Southend-road—the footmarks of one then went towards Smith's-house, and the other towards Rushey-green—the gate is within two hundred and fifty yards of Smith's house—I afterwards went with Gladwin to trace the foot-marks across the fields—while in the fields", we passed a hay-stack, with wooden stakes round it—it is part of a fence to prevent cattle getting at the hay-stack—among them I found the stump of a stake, which I have here, at least the top part of it, which I cut off myself—it had been recently cut—I have compared this part with the stake produced, and it exactly corresponds—I followed the footmarks of Smith from the hay-stack into the road leading to the Black Horse public-house, Rushey-green—I afterwards compared Smith's shoes with one of the sets of footmarks, and they exactly corresponded—in the course of the next day (Monday) I searched Smith's house, and found this piece of crape in a box in a room up stairs—the box was full of things, and this laid just on the top of them—it was unlocked—I heard the Inspector request Rosser to take his shoes off, and when he had taken them off, the Inspector asked me whether I thought the shoes would fit the marks in the snow—I said I believed they would fit the marks, had they not have been altered, as there were some fresh nails in, and a fresh piece put on—Rosser replied, that he had put some fresh nails in, and put the piece of leather on the heel, on Sunday morning.
WILLIAM GABBITAS . My father keeps a public-house at Bromley—I assist him. I know Rosser by sight very well—on Monday morning, the 21st of December, he came to our house, between seven and eight o'clock—he asked if I had got a fire—I said, "Yes"—he said he would have half a pint of gin and purl, or gin hot—I made it for him—he gave me a sovereign in payment—the liquor came to 3 1/2 d.—I gave him the change, and after doing so, I said, "Stone-breaking is a very good thing, on a Monday morning to have a sovereign"—he said he bad four to take the other week, but he had been paid two, and now he had been paid all up.
Rosser. I did not tell him that I had 4l. to take; I said the other week I had finished stone-breaking, and my lump was drawn out, and I had 2l. to take. Witness. I am sure he said he had 4l. to take, that he had had 2l., but now he was paid all up, and I said, "Then you will have a sovereign by Christmas-day"—I have known him three or four years—I had no means of knowing his circumstances for three or four weeks previous to this—I only know he worked on the road, breaking stones—I am sure he paid me a sovereign.
JOHN WALKER (police-constable R 182.) I was at the station with Doust, when the prisoner Rosser called to him, and said he had hid the watch in the stable at the Black Horse public-house—I went with Doust afterwards, and found the watch in the stable, where Rosser had stated—in bringing Rosser to Newgate afterwards, he said he was sorry he had not mentioned one thing to the Magistrate—I said, "What is it?"—he said, "The change of the sovereign I robbed Mr. Doust of, is in the privy facing my house, hid in a handkerchief"—I went there since his committal, and found 12s. in a handkerchief hid in the boards.
JAMES BURTON . I am in the employ of Mr. Ledger, the surveyor of the roads. Rosser worked for him at stone-breaking—on the 5th of December I paid bis wife 35s., and 5s. to him—it was money dne to him for stone-breaking, which had been lying back ever since before last harvest—on the 19th of December I paid him 6s.—that was not all that was due to him, because the lump was not all drawn out—Mr. Ledger does not pay it till the lump is drawn out—there would be a little more due to him—he was not at work on the 19th for us—the Tuesday previous was the last time.
Rosser. That makes my words true, as I had told the publican I had 2l. lying back.
MR. JONES. Q. In what money did you pay the 35s. to the wife? A. In a half-sovereign and 25s. in silver, and 5s. I gave the prisoner—I had paid him 14s. on Saturday the 12th, besides.
Smith's Defence. It is very false indeed what this man has repeated against me; here he stands by the side of me, and he cannot say otherwise; I have had no opportunity of sending for any one, or I could have witnesses enough to explain where I was; that bill is not the bill the wood was cut with, I will be on my oath; if you look at the wood you can see that it is not, neither did I cut it.
Rosser. I am heartily sorry for what is done, and had it not been for Smith I never should have been in this trouble; I knew no more of what time the gardener came home than you do; I knew nothing about what money he took on Saturday night, nor what way be came home.
Smith. Why, did not you ask me time after time to go first house breaking with you, and then one thing or another, and I always denied it f—the handkerchief he has got on his neck now I believe is the one he had.
CHARLES ATKINS . I am a constable of Lewisham. I produce a certificate of Rosser's former conviction, which I got from Mr. Clark's office—I was present at his trial, and was a witness against him in the other Court, before the Common Sergeant—I am positive he is the person—I have known him from childhood.
SMITH— GUILTY . Aged 29.
ROSSER— GUILTY . Aged 33.
Transported for Life.
Before Mr. Recorder.
MR. PHILLIPS conducted the Prosecution.
ANN MORGAN . I am in the employ of Messrs White and Green well in Blackfriars-road—the prisoner was also in the employ, in the fancy department. On the 26th of December I was standing behind the counter in the fancy department, and saw the prisoner take down a box from behind the counter, and take out two handkerchiefs, one she placed underneath the counter, and the other in a drawer, which she had the use of, and which she closed—she bad no customer with her at the time—I was about three yards from her—about five minutes afterwards, she got some paper, folded them both in it and put it in the drawer—she then opened the drawer, took the parcel out, and put it into her pocket, paper and all—I soon after told Mr. Hubbard, one of the partners, what I had seen—the two handkerchiefs now produced are the same I saw her put into her pocket.
Cross-examined by MR. CLARKSON. Q. How many persons were there serving in the shop? A. About twenty-five—they were not passing along the counters, but employed in their departments—I was the nearest person to the prisoner—the person on her right was perhaps five or six yards from her—she did this deliberately—any one who was looking that way might have seen her—the place under the counter, where she put one of the handkerchiefs, is a place to which all the shop-people have access, and one which they would be passing constantly—the selling price of these two handkerchiefs is 10s. 6d.—the shop people might have them for 2d. or 3d. less each, not more, one is marked 4s., and the other 6s. 6d.—I did not ask her what she was about at the time—the nearest man to her was five or six yards off—there was no woman near her besides me—her box was searched, a tuscan bonnet was found in it—Mr. Hubbard did not claim it, but he certainly did say, was it one of theirs?
MR. PHILLIPS. Q. Was the nearest man to her occupied with a Customer at the time? A. No, he was folding velvets.
DANIEL LOVETT HUBBARD . I am one of the firm of William White and Green well. Morgan made a communication to me, in consequence of which I called the prisoner into the counting-house, and said I was afraid she was not so honest as she ought to be, and I believed she then had some of our property in her pocket—she said, "You cannot suppose I have any of your property," or something of that sort—I said I had reason to believe she had, and desired her to turn her pocket out—she did so, and turned out these two handkerchiefs—I asked how she accounted for having those—she said she had taken them in exchange for a black one, which she had put into the black box, and that the price was 9s.—I searched that box through, and there was not one at such a price in it—it was full of all sorts of prices from 1s. up to 10s., but none at 9s.—I am certain she told me 9s.—she had no right to exchange, unless she had consulted some one in authority, to give her leave to do it, and then it ought not to be done, except by showing to some person that such an exchange had been made—she
must have known that was the custom of the firm—every body in the house knew it, for some little time ago we stuck up a notice to that effect—she should go to another person to serve her, who would either take the money for it, or enter it to her—that is a system we have arranged to prevent our being robbed.
Cross-examined. Q. Will you swear that she said, "You can't suppose that I have any of your property in my pocket?" A. Yes, to the same effect—those were her words, as well as I can recollect—I do not think I have ever forgotten that—I have always told the same story in effect, and I believe the same words, very nearly—(looking at his deposition)—this is my name and hand-writing—her answer is not here, certainly—I really do not know whether I said it or not—I cannot say that I did say it before the Magistrate—what I said was read over to me—I suppose I did not say it, by it not being down here—I do not recollect that I did not state it—I do not know whether I did or not, but I perfectly remember her saying so—there were perhaps fifty handkerchiefs in the black box—it is impossible for me to tell the price of every article in it—I do not think there were any at 10s., but I cannot swear it—we have no entry in the books of her buying one at 10s. or 10s. 6d.—the books are not here—the prisoner lived in the house—we open at a quarter past eight o'clock in the morning, but the young ladies are not down till half-past—we have between seventy and eighty hands—the prisoner has been fourteen months in our service—she came from Sewell and Cross, where she had been seven years—we should not have taken her without an unblemished character.
MR. PHILLIPS. Q. Did you look for any handkerchief at 10s., or for one at 9s., as she stated? A. For one at 9s.—she never told me that she had bought one at 10s.—she never told me the name of the person she consulted before she bought it.
COURT. Q. When the two handkerchiefs were turned out of her pocket, were they in paper or loose? A. In paper—she had just finished serving a customer when I accused her of it, which was about a quarter before nine in the evening—she was not leaving the shop.
(The prisoner received a good character.)
GUILTY. Aged 25.—Recommended to mercy.— Confined Six Months.
Before Mr. Recorder.
563. JOHN WINGFIELD was indicted for stealing, on the 14th of August, 2 shawls, value 3l. 11s.; and 20 yards of silk, value 2l. 15s.; the goods of Thomas Simpson, his master:—also, on the 24th of August, 2 shawls, value 2l. 10s.; 7 yards of satin, value 1l. 10s.; 52 yards of silk, value 7l. 10s.; and 5 other shawls, value 11l.; the goods of Thomas Simpson, his master:—also, on the 30th of November, 7 pairs of gloves, vnlue 10s.; and 1 yard of woollen cloth, value 8s.; the goods of John Hipwell Goodgames and another, his masters:—also, on the 6th of December, 14 1/2 yards of woollen cloth, value 10l.; 32 handkerchiefs, value 6l.; 20 yards of lawn, value 4l.; 27 yards of linen cloth, value 2l. 7s.; 1 yard of Valencia, value 6s.; 1 coat, value 1l.; 6 pairs of gloves, value 12s.; 1 pair of braces, value 2s.; and 10 yards of silk, value 1l.; the goods of John Hipwell Goodgames and another, his masters:—also, on the 17th of December, 18 yards of woollen cloth, value 8l. 13s.; 25 yards of linen cloth, value 1l. 10s.; 2 yards of Valencia, value 1l.; 1 purse, value 6d.; 6 pairsof gloves, value 14s.; and 1 hat, value 16s.; the goods of John Hipwell Goodgames and another, his masters; to all of which indictments he pleaded
GUILTY . Aged 22.— Transported for Fourteen Years.
564. HENRY KENNEDY was indicted for feloniously receiving, on the 14th of August, 2 shawls, value 3l. 11s.; and 20 yards of silk, value 2l. 15s.; the goods of Thomas Simpson; well knowing them to have been stolen by John Wingfield.—(See No. 563, page 408.)—2nd COUNT, for feloniously receiving the same of a certain evil-disposed person.
MR. JONES conducted the Prosecution.
THOMAS SIMPSON . I am a silk-mercer, at No. 249, Regent-street. In August last I opened a shop at Cheltenham, and about that time engaged the prisoner Wingfield as one of my shopmen there—I engaged him in London—he remained four days at my shop in Regent-street before I sent him to Cheltenham—I selected goods from my stock in Regent-street, to be sent to Cheltenham—Wingfield assisted me in packing them up and sending them down—he left London for Cheltenham on the 18th of August—I sent down silks, silk shawls, satins, and other things—I myself went down to Cheltenham in about a fortnight—I do not exactly remember when, but somewhere about the latter end of August—Wingfield was there performing his duties—he remained in my service there about two months, and in consequence of certain circumstances that occurred I dismissed him.
JAMES BROOK (police-constable L 118.) In consequence of information I received, I went to No. 26, John-sir jet, Blackfriars-road, on the 19th of December, with Mr. Carrington and Mr. Goodgames—I went up to the top back-room—I there found a box with the name of Wingfield on it—it was locked—I broke it open, and found in it forty-nine duplicates, a piece of cloth, seven pairs of gloves, a quantity of letters and other things—among the duplicates is one dated 17th of August, for two shawls, pledged at Stevens's, in Wardour-street—besides the box, there was a writing-desk in the room with the name of Kennedy on it—I had gone to the house on the 18th, but on the 19th I went with a search warrant, and it was then I broke the box open.
JOSEPH BOYD (City police-constable, No. 270.) On the 18th of December I was on duty in St. Paul's churchyard, and was called to the Goose and Gridiron public-house—I went to a room up stairs, and there saw Kennedy and two or three others, not Wing-field—Kennedy said that Wing-field had left the house about a quarter of an hour, and he had appointed to lunch with him the following morning at eleven o'clock, when Mr. Goodgames could see him—he gave Mr. Goodgames (who took me to the house) an address, which he said was Wingfields, "No. 4, Bloomsbury-square," where he said Wingfield's friends resided—nothing more passed at that time—about two hours after I was called again, and took Wingfield and Kennedy into custody at the same house—I searched Kennedy, and found on him a bunch of keys and 2d. in money—this was between two and three o'clock on Saturday morning—I went to the house in John-street where Kennedy resided, on Saturday morning, the 19th, with these keys, and met Brook there—he came a few minutes afterwards by appointment—I was not present when the box was broken open—it was done previous to my going—I applied one of the keys to the lock of the box, with the name of Wingfield written on it on a card, and it fitted it—I produce the box and the keys—this key properly belongs to this lock—it is a common key—I
also searched Wingfield at the Goose and Gridiron, but found no keys on him—I found a small key of a carpet-bag in his great-coat, but that key will not fit this lock.
Cross-examined by MR. PHILLIPS. Q. Did you find out where Wing-field was lodging in town? A. No—he slept at the Goose and Gridiron that night—I found a trunk and a carpet-bag there, which he acknowledged to be his—I did not ascertain where he had slept the night before.
MR. JONES. Q. Did yon ascertain from Wingfield how long he had been in town that day? A. I did not—I do not recollect hearing him say.
SARAH HAYES . I am a widow, and live at No. 26, John-street, Blackfriars-road —Kennedy lodged at my house, in the two-pair back-room, for about six months—he came on the 10th of July—Wingfield lodged in the same room with Kennedy for about a fortnight—he came on the 5th of November, in company with Kennedy—Kennedy had left on the 27th of October, to go to Cheltenham, and returned with Wingfield on the 5th of November—they brought a box and carpet-bag with them belonging to Wingfield—I noticed them as they stood in the room—Wingfield went away on the 17th of November, and Kennedy took his own box for Wingfield, and the carpet-bag and Wingfields box remained in the room—Kennedy said Wingfield was going into the country—Wingfield never returned to my house—Kennedy occupied the room alone, after Wingfield left—Kennedy continued to lodge with me till he was taken into custody—he had another box instead of the one he lent Wingfield—I never saw Kennedy interfere in any way with Wingfields trunk after he left—I never went into the room while Kennedy was there—he was not in any employment while he lodged with me, to my knowledge—he never told me whether he was or not—I do not know how he got his living.
Cross-examined. Q. I suppose you never troubled your head about it? A. Why I supposed him to be out of employ—he paid me my rent in part—he bad two trunks after Wingfield went away—the one with Wingfields name on it, and another.
JOHN ALLEN . I am of the firm of Hall and Allen, silk mercers in St. Paul's Church-yard. Kennedy and Wingfield formerly lived in my service—I am acquainted with their hand-writing—the letters now produced, dated the 14th, 20th, 24th, 30th, and 31st of August, I believe to be Wingfields writing—I never saw him write, but he has had occasion to write at our house once or twice, and sometimes three times a day, and each time he wrote he was obliged to sign his name to his writing—I only know his writing from seeing it in our book with his name to it—we invariably acted upon what he wrote—we had no occasion to communicate with him on the subject of the entries he made—we have sent out goods to customers addressed by him, and the same address was copied by him into a book which we keep for the purpose, as a check to those parcels which are sent out—the reason they sign their names is, that we may know, in case a parcel should not be sent, who it was served the customer—suppose a customer writes to say he has not received a parcel, we refer to that book, and see the name of the person who served—it is not the duty of the person who serves to see the parcel sent out, he merely leaves it in the entering room, where there is a young man who attends to that department only—I do not recollect ever having to communicate with Wingfield on the subject of his entries—I might have done so, but I do not recollect any one instance—he has never shown me the accounts he kept.
Cross-examined. Q. Did yon ever see them before to-day? A. Not these—some of Kennedy's were shown to me at the police-office, but not Wingfield's.
SAMUEL BROWNING . I am assistant to Mr. Stevens, a pawnbroker of Ward our-street. I produce two shawls, pledged at our house, on the 17th of August last, in the name of William Wingfield, No. 22, Haymarket, for 2l.—one of the duplicates produced by Brook is the one I issued upon the articles—I do not know by whom they were pledged—it was a man—I cannot say whether it was either of the prisoners.
JOHN TICKNER . I am assistant to Mr. Young, a pawnbroker in Princes-street, Leicester-square—I produce two lengths of silk, pledged at our shop on the 22nd of August, for 4l., in the name of Charles Lock, No. 4, Jewin-street, by a man, I do not recollect who—I have a knowledge of Wingfield's face, but not with reference to this transaction, that I recollect—Ibelieve I have seen Kennedy, but not sufficiently to know whether I have done business with him or not—this duplicate, produced by Brook, is the one I gave the person bringing the silk.
Cross-examined. Q. Is the name of Wingfield familiar to you? A. Not at all, only by hearing it in Court—it was not familiar to me previous to going before the Magistrate—I said at the office that Wingfield's features were familiar to me, and possibly he was the man that pledged the goods—to the best of my knowledge he is the man that pawned them—I said so before the Magistrate.
MR. JONES. Q. Since you were examined at the police-office have you thought and reflected on this matter at all? A. I am now of the same opinion that I was at the first examination, that Wingfield's features are familiar to me, and that, to the best of my knowledge, he is the man I took the pledge of, but I could not swear it.
COURT. Q. Did you not say at the office you did not know whether it was an old or young man that pledged it? A. No, I said if the question was put to me I believed it was a young man.
THOMAS SIMPSON re-examined. These two pieces of silk are my property—they were part of the stock that was sent down from London to Cheltenham—I was not at Cheltenham to see that it arrived there—they were packed up and sent on the 14th, before Wingfield went—I have an invoice at home—I cannot from memory tell that they went on the 14th—part of the goods were sent on the 14th, and part on the 18th—I have no recollection of these going—I did not send any goods by Wingfield on the 18th—three young men went to Cheltenham, named Thomas, Owen, and Wingfield—I looked out the goods that went—I do not know who packed them—I do not of my own knowledge know that they actually went—I am positive none were left behind—I never inquired of Wingfield about the goods—there are 31 yards in these two pieces of silk—these two shawls are mine—they are part of the stock which was selected to go to Cheltenham, but I think these were pawned before he went—these were pawned on the 17th, and Wingfield did not go till the 18th.
The following letters, found in the box at Kennedy's lodging, were put in and read:—"August 14, 1840.—Cheltenham Assembly Rooms.—Dear Kennedy,—I have sent you a parcel of goods, consisting of fifteen and sixteen
or satinet, 4s. 9d.; four shawls, from 2l. to 4l.; my idea for telling you the value is because you would be able to judge better what to get for them. I have not been able to pay the carriage, having only 9d. in my pocket, so I hope you will get as much as you can. I will send you a large parcel next week. Send me some tin as soon as you can, to go on with. This is a first-rate place, and I think it will answer my purpose. I got this little lot all in a hurry; but I hope I shall be able to do better next week. I forget your address, and so I have sent it to the Crown, hoping to hear from you by return of post. I hope you will destroy my letters—shall do the same with yours. I remain, yours respectfully, H. Wingfield." [Addressed, "Mr. Kennedy, Mr. Hay ward's, Crown tavern, Stationers' court, Ludgate-hill, London."]
"August 20, 1840.—Simpson's Assembly Rooms, Cheltenham.—Dear Kennedy,—I received your letter this morning. I sent you a parcel on Thursday evening by the mail. I thought I had better write an answer to your letter this morning, in case you should not go into the Crown; put them up as soon as you can, for I have not got a rap. Excuse this short note. Hoping to hear from you by return of post—H. Wingfield. I will have a h—l of a parcel for you next week; it is in operation already." [Addressed to "Mr. Kennedy, care of Mr. Ibberson, Mail-coach Tavern, Farringdon-street, London."]
"Cheltenham Assembly Rooms, 24th August, 1840.—Dear Kennedy,—In reply to your letter received on Sunday morning, you requested me to send a parcel by Tuesday morning, but I shall not be able to send you one by then. On Friday morning I will send you a large one at lbberson's, which I hope to have a good one by that time. Expecting to hear from you to-morrow, I remain, H. Wingfield. If you have not got a berth yet, there is a first-rate boarding-house here where they will lodge and board you in first style for 18s. a week, which is much cheaper than you can do it in town; and if you like to come down, you can make sure of a good parcel for spouting at Liverpool. Give me an answer as soon as you can respecting this, and I think it would be a first-rate thing. Tear this letter up when you have read it." "Cotton." "It does not look well at present to have so many letters and parcels.—knows your writing. Direct to Mr. Wilks, Tavistock Hotel, High-street, Cheltenham." [Addressed as the last.]
"Cheltenham, 30th August, 1840.—Tavistock Hotel.—Dear Kennedy,—I am very sorry to hear of your misfortune with respect to your face, that is a very bad job, as well as the goods. You see I owe 2l. here, for I calculated on having 5l. Now here is Sunday, and I have not got a shilling in my pocket. Simpson is down here, and he will not go away till the end of next week, and I cannot get a thing till he is gone; and am afraid to do so till he is gone. You mention in your letter that you had not disposed of the two lengths of silk, but you were going to do so with a Jew. Now, if you would send me down a sovereign out of that by Tuesday morning, I should be much obliged to you, for I really want it. I calculated myself what I should be able to get on them, at least 8l.; but still, of course, if you lost some, it made a difference—I shall not be able to send you any thing till Friday or Saturday, because he will not be off till then, and then I will send you as much as I can. Hoping to hear from you on Tuesday morning, I remain, yours truly, H. Wingfield.—With respect to coming here, and
going to large towns, I think it would run away with more money than we could muster." [Addressed as before.]
"Cheltenham, August 31, 1840.—Dear Kennedy,—Simpson left as yesterday morning. I have got as much as I could, for I want 5l. very bad now. I have sent you thirty-one yards in one piece, and twenty-one in the other, which we sell at 3s. 6d.; they are excellent. Try and get as much as you possibly can, and send me down an order for the whole amount, and on Friday morning I will send you lengths and silk shawl for yourself. Trusting you will get as much as you can for me, and waiting an answer, I am, H. Wingfield. Be very careful of the paper they are packed in, as some person's name is on it."
THOMAS SIMPSON re-examined. I think the first day on which I sent any goods to Cheltenham was about the 15th or 16th of August—my shopmen all went down together—goods would be three days getting to Cheltenham—these lengths of silk are called satinet—they left London about the 14th or 15th—the selling price is 4s. 9d. a yard—I am quite positive it was on the 18th that Wingfield went—the letter dated the 14th must be wrong dated—I had taken the house at Cheltenham about a week before I opened it—I have no particular reason for fixing on the 18th as the day on which Wingfield went—I do not think it was a week sooner—I cannot show that it was not—I opened the house on the 24th, and sent Wingfield down about five or six days before—my private mark is on the silk, in pencil—I know the shawls by the particular make—there is no mark on them—Miss Thompson made them for me.
GUILTY of receiving the two pieces of silk. Aged 24.
565. HENRY KENNEDY was again indicted for feloniously receiving, on the 30th of November, 7 pairs of gloves, value 10s.; and 1 yard of woollen cloth, value 8s.; the goods of John Hipwell Goodgames and another; well-knowing the same to have been stolen by John Wingfield. 2nd COUNT, for feloniously receiving the same of a certain evil-disposed person; against the Statute, &c.
MR. JONES conducted the Prosecution.
JAMES SHROSBURY . I am in partnership with Mr. Goodgames—we have two houses of business in the silk mercery and drapery line, one at Potten, in Bedfordshire, and the other at St. Neot's—I superintend the business at Potten, and Mr. Goodgames at St. Neot's—I engaged Wing-field as a shopman at our business at Potten, in the latter end of November last, at 40l. a year—not personally—he came there as shopman, about the 25th of November—I paid him on the Saturday evening after he came, 15s. for travelling expenses—he purchased nothing of me during the time he was with me, but one pair of trowsers—that is all that was entered to him—I left home on the morning of the 17th of December—Wingfield did not give me any intimation about leaving, on the contrary, he appeared perfectly satisfied—I returned home on Saturday, the 21st, of December, and found he had left—in consequence of what has since taken place, I have examined my stock, and have missed such articles as I charge him with stealing—I missed some gloves, and woollen cloth, or kerseymere.
—I remember Mr. Shrosbury going from home on the 17th of December last—about five o'clock that evening, Wingfield said to me, that Potten was a dull place, he was tired of it, the business did not suit him, and be did not suit the business, therefore he should leave—he said he should send a man for his box and carpet-bag—he went away, and afterwards sent a man for them—he never returned to the shop—I informed Mr. Goodgames of what had taken place.
JOHN HIPWELL GOODGAMES . I am in partnership with Mr. Shrosbury—Ilive at St. Neot's—in consequence of information which I received from Potten, about the 17th or 18th of December, I went to Potten, and found Wingfield had left—I came up to London with Mr. Carrington, a friend, and found Wingfield and Kennedy at the Goose and Gridiron, St. Paul's-churchyard—I gave them both into custody—I afterwards went to Mrs. Hayes, 26, John-street, Blackfriars-road, with Brook, a policeman—I was shown into the second floor back-room—I saw a writing-desk there with the name of Kennedy on it, and a box with the name af Wing-field on it—I was present when that box was broken open, and some letters and duplicates taken out—I found in that box a piece of kerseymere, and some gloves, with our private mark on them—they had been taken from the stock at Potten—the greater part of these gloves have my private mark on them, and I believe this kerseymere to be mine, for I saw the fellow piece when I got home, which I presume this was cut from—I have not the least doubt this belongs to me.
Cross-examined by MR. PHILLIPS. Q. Have you more than one partner? A. Only one.
JOSEPH BOYD (City police-constable, No. 270.) I was on duty in St. Paul's-churchyard on Friday, the 18th of December—I was called to the Goose and Gridiron—I went up stairs and saw Kennedy there—Mr. Goodgames inquired for Wingfield—Kennedy said Mr. Wingfield had left the house about a quarter of an hour previously, that he could not be seen that night, but they were to lunch together on the following morning, at eleven o'clock, when he might be seen—that he would give the gentleman Mr. Wingfield's address, and he wrote with a pencil on a piece of paper, "No. 4, Bloomsbury-square," where he said Wingfield's friends resided—I then left the house—I was called to it again about two hours afterwards, and Mr. Goodgames gave both the prisoners into my custody—I searched Wingfield, but found no keys on him—I found a small key in his great-coat pocket which fitted a carpet bag that was in the house, which he said was his—I searched that bag, and found these letters in it—I afterwards searched Kennedy, and found a bunch of keys on him—I afterwards applied one of those keys to the box at No. 26, John-street, and it fitted it—I have the box here—I found no key on Wingfield that would fit that box.
SARAH HAYES . I live at No. 26, John-street, Blackfriars-road. Kennedy lodged in my house from the 10th of July up to the 19th of December, in the two-pair back room—when he came from Cheltenham, he brought Wingfield with him, who remained at my house about a fortnight—he went away on the 17th of November, and never returned—Kennedy continued to lodge there till the 19th of December—when Wingfield came he brought with him the box now produced—when he went away, he left that box behind, and took with him a box belonging to Kennedy, at least Kennedy took it, and told me Wingfield was going into the country, and he took out his box, and a carpet bag for him.
JOHN ALLEN . I am of the firm of Hall and Allen, silk mercers, St. Paul's-churchyard. Wingfield and Kennedy both lived in my service—I know Kennedy's hand-writing—I believe the letters produced to be his writing.
JAMES BROOK (police-constable L 118.) I. went to No. 26, John-street, and broke open the box with Wingfield's name on it—I found it in these letters in Wingfield's hand-writing, also the gloves, cloth, and duplicates produced.
(The letters produced were read in part by Mr. Jones, and showed that various goods from the prosecutor's stock had been from time to time forwarded by Wingfield to Kennedy—the letters from Kennedy to Wingfield pressed for further supplies of goods. Among other expressions in Wingfield's letters, were the following:—"I shall walk into the broadcloths and kerseymeres tomorrow, and no mistake; I intend to make my trunk rather heavier by to-morrow night: I have shrunk the stock very much: you must think, out of a stock where the returns are only 4000l., it is difficult to get much, as I am afraid they will miss them.")
GUILTY . Aged 24.— Transported for Fourteen Years.
(There were other indictments against the prisoner.)
Before Mr. Sergeant Arabin.
566. WILLIAM BRADSHAW was indicted for stealing, on the 18th of December, I brass bearing, value 7s. 6d., the goods of Andrew Spottiswoode and others.—2nd COUNT, stating it to be 3lbs. weight of brass, value 7s. 6 d.
HENRY WOOLER . I am a deputy storekeeper to the London Gas company, and live in New-street, Princes-street, Lambeth. The prisoner was a labourer employed on the premises—on Friday night, the 18th of December, 1 saw him coming to work, at half-past five o'clock, and saw him about eight o'clock coming up the yard from the water-side—I stopped him outside the factory, and said, "Stop, what have you got here?" putting my hand over his left breast, which was very bulky, and he appeared to be hiding himself, as he came along—he said, "Don't hurt me, don't say any thing at all about it"—I said, "I must," and called a policeman, and gave him in charge—he was taken into the lodge, and searched, and I saw the policeman take this brass bearing off the crane at the water-side from him—we have a great many on the premises—it is the property of Andrew Spottiswoode and others—the value to the Company is 7s. 6d.
Cross-examined by MR. JONES. Q. I suppose there is no mark on it? A. Yes, a centre punch hole, which the engraver made, to show which side of the crane they belong to—the premises belong to Andrew Spottiswoode and others—it is not a chartered Company—it is called the London Gas Company—we have no Act of Parliament, that I am aware of—I will swear that this belongs to Andrew Spottiswoode, to Mr. Capper, and Mr. Barnett, who are the governor and directors—I have known the prisoner upwards of four years, and have never known any thing else of him—he was not in liquor, that I perceived—he has been drunk at times—he had 18s. for the six days, and he had been making seven days and a half, and more.
(The prisoner received a good character.)
GUILTY. Aged 40.—Recommended to mercy on account of his character.
Before Mr. Sergeant Arabin.
567. MARY BAWM was indicted for stealing, on the 21st of December, 2 rings, value 1l. 10s., the goods of John Baxter Black; and MARIA ST. JOHN , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, & c.
JANE BLACK . I am the daughter of John Baxter Black—he lives in Church-street, Trinity-square, Newington. Bawm was our servant for a fortnight and two days—she is the niece of St. John—I missed one ring on Sunday, the 20th of December, and the next morning 1 spoke to Bawm about it—she at first denied it, and then said it was at her aunt's—I sent her to her aunt's, and followed her there—I saw St. John there, and asked her if she had it—she said Mary had brought a ring home, but she did not know where it was—I asked her if she had pawned it—she said, no, she had sold it—I asked her who to—she said she did not know—I asked if it was to a girl or a woman—she could not tell—she afterwards said she had only got 8d. on it—it was this small ring which I was then speaking of, which is worth about 8s.—I then went home, and missed this other ring—I spoke to Bawm about that—she admitted all knowledge of it—I sent for an officer, and he took her—she admitted at the station that she bad taken both the rings to her aunt's—the officer went with me to St. John—she said she had them, but would not give them up without a Magistrate, and was very abusive—these are the rings.
HENRY SAMUEL WATKINS (police-constable M 183.) I took Bawm—she admitted taking the small ring—I asked her what she had done with the large one—she at first denied all knowledge of it, and then said she took it about a fortnight before she took the other, and her aunt had got it.
ANN STEVENSON . I am searcher at the station. I found these two rings in a little bag in St. John's bosom, it was fastened with a string round her neck—I was going to search her, and she gave them up.
St. Johns Defence. My niece brought the rings to me and said she found them in the street—I put them into the drawer, and thought no more about them, thinking them of no value—when her mistress came I did not know where they were—I then found them, and was going to take them to the prosecutor, but I met a friend who gave me something to drink—I then took them to the prosecutor—he would not take them, but gave me in charge.
BAWM—GUILTY. Aged 12.—Recommended to mercy.
—ST. JOHN— NOT GUILTY .
GUILTY . Aged 12.— Whipped and discharged.
RICHARD GOLDING (police-sergeant V 31) On Saturday night, the 19th of November, I was in the Merton-road, about a quarter-past twelve o'clock—I saw the prisoner carrying this coat, which I produce, under his arm—I walked with him till we came to the Six Bells public-house at Mitcham—the light was burning inside—I then said to him, "What have
you here?"—he said, "Something to keep the cold out"—I removed it from his arm, and felt this bladder, which contained four pints and a half of gin—I took it to Mr. Orrae's, who said, "You had better take care of him"—the next day I went to his residence, and found eight bottles of spirits.
CHARLES ORME . I am in partnership with my brother George—we are distillers and rectifiers, and live in Blackfriars-road. The prisoner was our carman—he drove our cart with spirits—on that Saturday he had a pipe of gin containing about one hundred and thirty or one hundred and thirty two gallons to deliver at Mr. Parsons', at the White Hart public-house, Merton—I have looked at the gin found on him—I am certain it is ours—that in the bladder is certainly part of what we sent to Mr. Parsons—the bottles may have been taken at various times, I cannot say; but the spirits in them resemble the articles manufactured by us—he got to Merton about two o'clock in the afternoon, but he ought to have been there by twelve—he did not come back to us at all—he was taken that night.
Cross-examined by MR. DOANE. Q. Was he not intoxicated? A. Yes, my brother saw him at Merton, and he was so—he had been in our service nine years—we had dismissed him once, but taken him again—he has a wife—I saw him leave our premises that day—he had to call at one house in Brixton in going to Merton—I did not measure the contents of this pipe—I know the contents of every pipe—I have seen every pipe on my premises weighed and measured—I had seen this pipe measured four, five, or six years ago—it contained one hundred and thirty-two gallons, and perhaps two or three pints over.
DANIEL PARSONS . I keep the White Hart inn at Merton. I deals with Mr. Orme—the prisoner arrived at my house with the gin very shortly after two o'clock—I suppose he was about an hour and a quarter unloading—I did not gauge the cask—I discovered a deficiency as I considered, but I could not swear to it—my son saw it racked in, but he is not here—as far as I could judge, there was about a gallon deficient—my son came to me and said, "Father, there is some short."
JOHN WHITE HEAD (police-constable V 203.) The prisoner was given to me at a quarter before twelve o'clock that night, to convey to Wandsworth station—he said on the way that his master must expect to be robbed, for he had reduced his wages half-a crown a week—I told him to be careful what he said—he said it was a matter of indifference to him, as it was all over with him.
NOT GUILTY .
GUILTY . Aged 33.— Confined One Month.
ADJOURNED TO MONDAY, FEBRUARY 1ST, 1841.