CENTRAL CRIMINAL COURT.
FOURTH SESSION, HELD FEBRUARY 1ST, 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, February 1st, 1841, and following Days.
Before the Right Honourable THOMAS JOHNSON , LORD MAYOR of the City of London; Sir John Williams, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Matthew Wood, Bart; Sir John Key, Bart; Thomas Kelly, Esq.; Sir Chapman Marshall, Knt; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Pirie, Esq; John Humphery, Esq; William Magnay, Esq; John Johnson, Esq.; Sir George Carroll, Knt; John Kinnersley Hooper, Esq; 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. FOURTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk † that a prisoner is known to be the associate of bud characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, February 1st 1841.
First Jury, before Mr. Recorder.
SARAH JOHNSON . I live in North-street, Finsbury—the prisoner boarded and lodged there for about three weeks. On Friday, the 22nd of January, at ten minutes past four o'clock, I put my watch into my work-box in the dining-room on the ground floor, where the lodgers all dined, and left it there—the prisoner was present when I put it there—I returned to the room in about ten minutes, and met the prisoner in the passage—hetold me he was going out for half an hour—I requested him to be back to tea—he did not return that night—I missed my watch about six o'clock, when I went to my work-box—I found the prisoner next day at Mr. Dixon's, in Cheapside, and demanded my watch—he denied it very strongly—at last he confessed that he had given it to a woman at the bottom of an alley in Bishopsgate-street for 1l.—he offered to go for it, which I declined, and sent for a policeman, and gave him into custody—this is the watch—it is worth 20s. or 30s.
Prisoner. She said, if I would confess, she would not do any thing to me, and so I did. Witness. I did not—I told him I would neither promise or threaten, I only wanted my watch, which I would positively have—I have known his friends twenty years, they are highly respectable—I know nothing in his favour.
DANIEL DOUGLAS (City police-constable, No. 426.) On Saturday, the 23rd of January, I was sent for to Mr. Dixon's, in Cheapside, and saw the prosecutrix there, and the prisoner, who was given into my custody—I asked him if he could tell me where he left the watch—I made him no threat or promise—he said he could not tell the name of the street, but he could point out the house—I went with him to No. 2, Catherine Wheel-yard, and saw the witness Francis—I asked him if he had received a watch from the prisoner—he said he had—I asked if he had lent any money on the watch—he said no, he had received it from Lewis—he said there was also a piece of paper, which he had left with the watch, and he
was to redeem them for a sovereign—Francis showed me the watch then, and afterwards produced it at the station.
MARY LEWIS . I live at No. 2, Catherine Wheel-yard. I met the prisoner on Ludgate-hill on the 22nd of January—he wished to accompany me home, and I took him to No. 2, Catherine Wheel-yard—he told me he had no money, but he would leave the watch with me for 1l., that he was going to the Bank in the morning to draw some money, and would redeem it—he also left this paper with me, and said he would redeem it in the morning—I took the watch down to Mr. Francis, my landlord, who lives in the house.
JAMES FRANCIS . I live at No. 2, Catherine Wheel-yard. Lewis gave me this watch—it is not gold—the prisoner said he would redeem the watch as soon as he got the money from the Bank—he asked me when the paper was dated—I said, "The 18th of January"—he said he thought it was dated later than that—I asked why—he said, because a cheque was sent to the Bank, and this was an order on that cheque, and it could not be paid until seven days had expired—I asked what the seven days was for—I understood him to say it was four days for the note, and three days' grace, and it would not be up until the Monday, and therefore he would leave it and the watch until Monday, that then I might go along with him, and take the cheque to the Bank, and he would give me one sovereign to give to Miss Lewis, and he would have the watch.
GUILTY. Aged 18.—Recommended to mercy. — Confined Twelve Months.
572. GEORGE HALLETT, alias WITLING , was indicted for stealing, on the 20th of January, 4 1/2 yards of kerseymere, value 15s., the goods of Thomas Brown; and that he had been before convicted of felony.
JOHN CLARK . I am a tailor, and live in Chapel-court, Jewry-street, Aldgate. On the 20th of January, between six and seven o'clock in the evening, I was in Aldgate, and saw the prisoner near Mr. Brown's shop—I saw him go to a block which stood inside the door, take off two pieces of kerseymere from it, and go along Aldgate with them—I walked several yards by the side of him, looked at him very hard, and he looked at me—I then collared him, saying, "You villain, you did not come by these honestly"—he instantly dropped them, and said, "Pray sir, pray sir, let me go"—a young man came up at the time, and picked them up—the prisoner broke my hold, and ran into Duke-street—I ran after him, calling, "Stop thief!"—a young man stopped him—I collared him, and took him into Mr. Brown's—a policeman was sent for, and the prisoner given into custody—the pieces of cloth were brought to the shop.
Prisoner. He said in the shop that he did not see the person take the cloth. Witness. I did not say so—I am quite sure he is the person—he ran up Duke-street, and a young man stopped him, in my sight—I did not fall down.
Prisoner. Q. Is that the same cloth that was on the block? A. It is—I did not make any mistake, and take the wrong cloth to the station—
my attention was called to the block before the cloth was brought back, and I missed it—the block was not beyond the door-post.
Prisoner's Defence. I heard the cry of "Stop thief," and pursued; a young man stopped me; I said, "Don't stop me, I am running after another person;" and I told Clark when he took me that he was mistaken in the party; he stated at the station that he fell down, and lost sight of the person, and now he says he never lost sight of him.
WILLIAM SMITH (City police-constable, No. 558.) I was present in the New Court in October last when the prisoner was tried—I was a witness against him—I produce a certificate of his conviction, which I got from Mr. Clark's office—the prisoner is the person there mentioned, at which trial I was present—(read.)
GUILTY . Aged 19.— Transported for Ten Years.
573. HENRY SMITH and JOHN DAVIS were indicted for stealing, on the 28th of January, 1 chest, value 1s.; and 83lbs. weight of tea, value 15l.; the goods of Mary Andrews: and that Davis had been before convicted of felony.
GEOROE COLLINS . I am a cab—driver, and live in Air-street, Air-street Hill. About half-past six o'clock, on the evening of the 28th of January, I was on Ludgate-hill—the prisoner Davis came and hired my cab—he directed me to go to Paternoster-row, which I did, and saw a chest of tea there—it was put on my cab—the prisoner Smith was by Davis's side at the time—they both got in, and told me to drive to Whitechapel, fast—theykept putting out their heads, and telling me to drive faster—I said I could not—I turned my head, and saw an officer, and gave them into custody—as soon as the officer went to the cab the prisoners burst out of the cab, and ran away—they were taken—it was a close cab.
Smith. I did not help you to lift the chest on the cab. Witness. Yes, both of you did.
DANIEL DOUGLAS (City police-constable, No. 426.) On the night of the 28th of January I was on duty in Cheapside—I observed a cab pulling up to the curb—the cab—man jumped off the box, and said, "Policeman, I think all is not right"—I went towards the cab, and saw Davis endeavouring to get out on the opposite side—I caught hold of the sleeve of his smock-frock—hebroke away, and both the prisoners escaped—I followed, and caught Smith, and took him back to the cab—Davis was brought back shortly afterwards—they were both taken to the station, with the chest of tea—I knew Davis before, and am positive he is the person that ran away—I did not know Smith before, but I never lost sight of him.
JOSEPH LAMPITT (City police-constable, No. 317.) I was on the south side of St. Paul's Churchyard, near Watling-street, and heard a cry of "Stop him, stop him"—I turned round, and saw Davis running across the crossing—some one said, "That is him," and I secured him.
THOMAS MARTIN . I am a tailor and draper in Ely-place. I noticed the cab in Cheapside—I observed it stop, and saw the policeman go up to it—the two prisoners immediately jumped out—the policeman got Smith—Davise scaped—I pursued him, and with difficulty succeeded in taking him by Watling-street—I gave him in charge to Lampitt.
a carrier, at Uxbridge. I brought this chest of tea from Uxbridge—it was in my charge, as Mrs. Andrews's servant—I came with my wagon down Oxford-street, St. Giles, Drury-lane, and Fleet-street—the chest was in the tail part of the wagon—I saw it there at the top of Ludgate-hill, before I turned up Ave Maria-lane—I missed it two minutes afterwards, when I got into Warwick-lane, which crosses Paternoster-row.
JAMES ANDREWS . I am a wagoner in the service of Mary Andrews. I delivered a chest of tea to Shepherd to bring to London—I received it from Mr. Charles Hall's cart of Uxbridgc—I saw the same chest at the station the same night.
HENRY THOMAS . I am a warehouseman to Messrs. Bulkeley, Johnson, and Co., of Nicholas-lane, King William-street, tea-dealers—I have examined this chest of tea, it is one we had in our possession—Mr. Hall, of Uxbridge, is a customer of ours, and has bought several of us—we expected to receive this one back again, as too many were sent, in mistake—I am able to say this is the same chest we sent to Mr. Hall—it is full of tea—there are 83lbs., worth about 16l. 10s. at the sellingprice.
Smith's Defence. Last Thursday night I was by Paternoster-row, two gentlemen came up, and asked if I wanted a job—I said, "Yes"—we went down Paternoster-row, to where this chest was standing—he asked if I could carry it to Whitechapel; I said I was not able; he told me to take a cab; I asked Davis if he would fetch me a cab, and I waited till he came back; when the cab—man came, I had not money to pay him, and I told him to drive to the Two Bells public-house, opposite Whitechapel church quickly, as I expected the two gentlemen would be there before me. I saw the cab—man drive up to the policeman; Davis jumped out of the cab, and so did I, as I thought it was wrong.
Davis's Defence. I knew nothing about it being stolen; I fetched the cab, as Smith asked me: he asked me to have a ride with him, as he had no money to pay; I did; I saw the cab—man stop, and the policeman talking to him; I thought it was something wrong, and I jumped out.
GEORGE COLLINS re-examined. I saw nothing of two gentlemen—the place was all clear, I saw no one but the prisoners—the shops were shut up all round—they told me to drive to Whitechapel, not to any particular part of it—Warwick-lane is about one hundred yards from Ludgate-hill—I took the first turning going down Ludgate-hill—I helped them with the chest on to the cab—I had no suspicion till I saw Davis run and dodge about—going up Newgate-street something came over me very cold, and I thought it was not right, as they kept rapping at the windows, and were in a great hurry to get on—I said, "Don't rap at my windows so, you will break them"—they said, "D—the windows, never mind them, make haste."
DANIEL DOUGLAS re-examined. I produce a certificate of Davis's former conviction, which I got from Mr. Clark's office—I was present at his trial on the 19th of October last, in the name of John Smith—I was a witness against him, and know him to be the man—he had three months' imprisonment—(read.)
SMITH.*— GUILTY . Aged 17.— Transported for Seven Years.
DAVIS.*— GUILTY . Aged 22.— Transported for Fourteen Years.
NEW COURT.—Monday, February 1st, 1841.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 33.— Confined Three Months.
MR. PHILLIPS conducted the Prosecution.
THOMAS WILSON . I am a stable-keeper, and live at Greenford, on the Uxbridge-road. About six weeks before I went to the Magistrate I placed a quantity of beans in a barn at Northall to be threshed—I have examined them since—a policeman named Smith produced some beans to me which were mine.
Cross-examined by MR. BALLANTINE. Q. What kind of beans were these? A. A particular sort, I had no others—they were smaller than any beans grown in our part—to the best of my belief they are mine.
JOHN COX . I am a labourer. I cannot tell the day of the month that I threshed the beans for Mr. Wilson, they were of the quality he has described—on Thursday I finished threshing, about four or five o'clock in the afternoon—my son left along with me—I locked the door—I returned to the barn about eight o'clock on Friday morning—I found the lock damaged—I looked at the beans, they were scattered about, and some gone, it might be about a sack—it was snowy, and there were foot-marks about the door—we traced them up to Down's barn, about a mile from Mr. Beck's—I found a sack there, with two bushels of beans in it—a sack holds four bushels.
Cross-examined. Q. Do you know these beans again? A. Yes; I could not swear to them—I am accustomed to beans, I do not think any body could swear to them.
JOHN HYDE (police-constable T 168.) I saw the prisoner on Friday morning, the 15th of January, about one o'clock, going in the direction of Mr. Gurney's barn, where the beans were threshed—he was about twenty yards from the barn—I followed him—he had an open sack with him—I asked him what he was about there, he said he had been to a privy—I asked him his name, he told me it was Wallis—I took him to another policeman who knew him, and I let him go.
Cross-examined. Q. What is the name of the other policeman? A. Gunny, he was at West-end—I am certain the prisoner said his name was Wallis—Gunny said his name was Langton—then the prisoner gave his right name—Gunny said he knew no harm of him.
JOHN SMITH (police-constable T 190.) I heard of this robbery, and went to the barn where these beans were found—in consequence of something I searched for the prisoner, and took him into custody, between eleven and twelve o'clock on Friday, the 15th of January—I took him to Hyde—he said he was the same man he saw at the barn—I observed some foot-marks, and traced them from the barn-door to the place where the beans were found—the prisoner had these boots on, and the marks in the snow corresponded exactly with the nails that are in them—there are
five nails in one heel and six in the other—I have no doubt they were made by these boots.
Cross-examined. Q. Are you certain that all the nails tallied in the holes? A. They did, they corresponded in a great many footsteps—there were the footsteps of two other persons—I saw the first of these footsteps about five feet from the barn-door, and traced them to within a yard of where the beans were found—the prisoner lives about one hundred and fifty yards from Mr. Curacy's barn, and about half a mile from Mr. Beck's—aperson at Wilson's would not have to pass Beck's bam to get to the prisoner's house.
THOMAS WILSON re-examined. The beans found in Down's barn are here—I brought some beans out of my own barn, the beans I had were cleaned, those that were taken were not—the prisoner never worked for me, and had no business on my premises—my barn was in a yard, and it had two gates to go through, and a paling six feet high.
Cross-examined. Q. How many beans did you miss? A. Twenty bushels.
(The prisoner received a good character.)
GUILTY. Aged 28.—Recommended to mercy by the Jury. Confined Six Months.
CHARLES GRIFFITHS . I am assistant to William Gofton, a general dealer, in Farringdon-street. At a quarter past eleven o'clock at night, on the 23rd of January, I was standing in the shop, folding up the goods—I observed the prisoner outside, after some minutes I saw him snatch this waistcoat—I pursued him across the way, and gave him into custody—he had got about one hundred yards off—I saw him drop the waistcoat—it has the ticket on it.
Prisoner's Defence. A drunken man came along and pushed me against the shop; I ran on the opposite side of the way, and Griffiths came and said I stole a waistcoat; he knocked me down, and kicked me, and gave me into custody.
GUILTY . Aged 13.— Confined Six Days, and Whipped.
JOHN RICHARDSON KING . I am master of the William Thompson of Hartlepool. On the 10th of January, the vessel was in the West India Docks, it is a port of entry and discharge—the prisoner was apprentice to the owners of the ship—these sovereigns and half-sovereigng were in a tin box in the state-room—the box was locked—I had the key, I saw it safe at eleven o'clock in the forenoon, and between twelve and one I left the vessel, leaving the box safe on a shelf—I returned between nine and ten in the evening, the box was then broken open and removed from the shelf to the bed—I missed 19l. in gold—I cannot say whether I left the prisoner on board—he had been absent three days previous, he had not come on board, to my knowledge, when I left—he had gone away without
leave of the owners—he was taken on the Monday night, coming out of the pit of the Surrey Theatre—I taxed him with the robbery, and gave him into custody, and he was searched at the station—he said he had walked up from the ship with two others, as far as London-bridge, and Jack offered him two sovereigns, Which he took—he asked him where he got the money, and he said, "Out of the cabin."
JOHN THACKERY . I am mate on board the vessel. I went on shore at half-past two o'clock on the 10th of January, and left the cabin door locked safe—I had been left in charge—the prisoner had been away—I came on board again about four o'clock in the afternoon—I found nobody on board—the cabin had been broken open, and the state-room—the box was broken open, and lying on the bed.
JOHN COLERIDGE . Last Sunday fortnight I was on board the vessel at half-past two o'clock—I saw the prisoner and two others on board, named Smith and Neelin—they were talking together—I went below, and returned in about a quarter of an hour—I then saw the prisoner there alone—I saw the other boys take off the slide of the binnacle—the prisoner was on board, but could not see what they did—they got down the companion, and the prisoner kept looking at them over the hatchway—they went down, and left the prisoner on deck—they remained below about ten minutes—when they came up they went forwards to the forecastle—the prisoner was there then, and remained about five minutes—they all went on shore together.
Prisoner. Q. Did you see me go down into the cabin? A. Yes.
WILLIAM SLADDEN (police-constable K 50.) On the 11th of January I went to the Surrey Theatre with the prosecutor, and took the prisoner into custody at the pit door—I asked him how he came to rob the captain—he said he knew nothing of it, but afterwards he said he had only 2l. of the money—I found half a sovereign, thirteen shillings, and one penny on him—Iasked him what he had done with the remainder—he said he had spent it, he could not tell how—I asked him what had become of his two companions—hesaid be parted from them at London-bridge on the Sunday.
Prisoner's Defence. The boy has taken a false oath; I was not on board.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 26.— Confined Six Months.
WILLIAM RYLAND . I am a corn-factor, living in Jewry-ftreet, Aldgate. On the 19th of January I missed ray clock, a few minutes after twelve o'clock—I had seen it safe at half-past eleven in the morning—the middle door is usually shut—the outer one was open—I know nothing of the prisoner—I found my clock at the station.
CHARLES CHAMBERS (City police-constable, No. 533.) I was going up the Minories a few-minutes after twelve o'clock, on the 19th of January with my sergeant, and met the prisoner and another young man, about three
hundred yards from the prosecutor's—they crossed from the pavement to a cab, and put something into it—I told my sergeant—he looked after the prisoner and the cab—we took the prisoner, and found the clock in the cab.
ROBERT PATTISON (City police-sergeant, No. 506.) I was with Chambers—Isaw the prisoner standing near the cab—I went and took him, and found in the cab this clock, under this dirty handkerchief—I took the prisoner—hesaid, "I did not put the clock into the cab; a person asked me to call a cab, and put it in, and left me there, saying he was going to fetch some more luggage."
Cross-examined by MR. PAYNE. Q. Did you not see the prisoner go into the Peacock public-house? A. Yes—I went in after him—I told him I wanted him, for putting a clock into a cab—he said he had not put it in.
GEORGE LEWIS . I am a waterman in the Minories. On the 19th of January I saw the prisoner, and another with him—they came to the coachstand very nearly together—the prisoner called a cab—the other party put the clock into it, and he ordered the prisoner to mind that until he fetched the other luggage—the clock was wrapped up in a dark handkerchief—the prisoner was close to the cab when the other put it in—the cab was to go to Long-lane, Smithfield—the other man agreed for it, for 1s. 6d.
GUILTY . Aged 19.— Transported for Fourteen Years.
CALEB GROVE (City police-constable, No. 522.) About eight o'clock in the evening of the 19th of January, I saw the prisoner standing by the prosecutor's window, in the Minories, and almost at the same moment he shoved the window and took something out—he broke the glass—he ran away—I ran after him—he turned down Vine-street, and a passerby stopped him—I took him back to the shop—I saw him throw away what he had—I sent a person to the place, and he returned with these gloves.
Cross-examined by MR. DOANE. Q. Are you sure the prisoner threw it away? A. Yes—I was about the length of this Court from him—there was not a person in the street except the man who stopped him—I did not lose sight of him—I swear positively the prisoner is the person who threw it away.
THOMAS BROWN . I am brother to William Berwick Brown, who keeps the shop. I was at home—I heard a crash at the window—I went out, and went round the corner—I did not see any one—I went back, and then returned, and met the policeman with the prisoner—the policeman told me the place, and I went and found these twenty-one pairs of gloves—they are my brother's property—they had been in the window, and the glass was broken.
JOHN PICKARD (City police-constable, No. 550.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office— (read)—Iwas present at the trial—the prisoner is the person.
GUILTY . Aged 21.— Transported for Seven Years.
OLD COURT.—Tuesday, February 2nd, 1841.
Second Jury, before Mr. Recorder.
GUILTY . Aged 15.— Confined Six Months.
NOT GUILTY .
NEW COURT.—Tuesday, February 2nd, 1841
Sixth Jury, before Mr. Common Sergeant.
583. EDWARD BETHRIL was indicted for stealing, on the 2nd of January, I chisel, value 1s.; 2 tools, called drills, value 2s.; and I counter-sink, value 1s.; the goods of the Great Western Railway Company; to which he pleaded
GUILTY . Aged 25.— Confined Six Months.
WILLIAM ASHLEY , Jun. I am the son of William Ashley, and live at Ruislip, I had a money-box in my room on the 15th of January, with seven shillings in it, six sixpences, twelve pence, and twelve halfpence—I saw them safe on Wednesday, the 13th of January—the box was locked— theprisoner was up in my father's bed-room on Friday, the 15th of January, putting some bed-furniture up—he bad to pass through my room, and at night I found the lid of my box had been forced open, all the silver gone, and 1s. 6d. in copper—no one else had been through the room that day—whenhe came down stairs that evening he asked me to lend him 6d., and he would go and get my father in from the public-house—the prisoner came in again, and gave me the 6d. back which I had lent him—there was a shilling in my box with a hole in it, and marked across the mouth—I believe the shilling now produced to be it—I had observed it before.
Cross-examined by MR. PAYNE. Q. Is your father here? A. No, he was before the Justice—he is ill.
Cross-examined. Q. Was old Ashley in the house when he brought it? A. Yes—I took the shilling about two o'clock—I have known the prisoner a long time—he has always borne a good character—I have seen old Ashley in liquor—the prisoner had. two pints of beer to drink for that shilling—I do not know whether old Ashley drank with him—a good many more persons were there—the prisoner was taken on the Monday—I gave the shilling to my aunt—she threw it on the tap-room table to old Ashley, and he took it up and took it in doors—the boy said he knew it—Iknow it by a mark on the bottom of the head, which I made.
character—old Ashley is often taken with fits, and this case has preyed upon his mind.
(Mr. Payne, on the prisoner's behalf, stated that the shilling was given to the prisoner by the prosecutor's father.)
HENRY CAMPION re-examined. He did not state to me that the father had given it to him—before the Magistrate he stated that he was sent by Ashley for some beer over night, and that must have been one of the shillings he gave him—Mr. Ashley was present at the time—he said, "Wootton, I gave you no money."
(The prisoner received a good character.)
GUILTY. Aged 37.—Recommended to mercy by the Jury. — Confined One Year.
THOMAS FARDELL . I am an omnibus proprietor, and live in Three Nuns-yard, Aldgate. I was at the Three Nuns coffee-room on the 22nd of January—the prisoner was also there—I had seen him there before—I saw him looking round, and taking particular notice of the coats—he took one coat, and spread his Macintosh over it—he had no opportunity of taking it—he then folded his Macintosh over my coat, which he removed from the peg, and rolled under his Macintosh on the seat—in a few minutes he went out—I went out, and he began running—I called, "Stop thief!"—a man at the gateway stopped him—I then came up, and took him—he had my coat in the Mackintosh under his arm—my gloves and snuff-box were in the pockets of the coat.
JOSEPH FREEMAN . I am ostler at the Three Nuns. Between five and six o'clock this evening I heard a cry of "Stop thief"—the prisoner was coming down the gateway—I stopped him—he said, "How do you do?"—theprosecutor and another gentleman followed him, and brought him back—I did not perceive any thing but the Macintosh under his arm.
Prisoner's Defence. On the evening in question I had been in the coffee-room. I had been up late the night before. I had three glasses of whiskey-and-water. I flung my Macintosh on a nail, and fell asleep. I took it down, and was not aware that there was more than my own coat. I am a stranger in London.
GUILTY .* Aged 25.— Transported for Seven Years.
JAMES HERRING . I lodge in Knight's-court, Green-bank, Wapping. On the evening of the 7th of January I met the prisoner, and began some conversation with him—I asked him what ship he belonged to—he told me, and said he wanted a lodging till the ship was paid, which would be on Friday—I took him to my place, out of charity, and he was there three days—on the 7th of January I went to cut some wood—I had two sovereigns and one half-crown, which I had seen safe an hour before I went
out—when I returned one sovereign and the half-crown were gone—the prisoner was in the room—in about an hour we went down to the Dock— hewent away—I saw no more of him till the next morning, when I saw him at a public-house—I told him he behaved very well, to take the money from me, after treating him so well—he said he got the money from his brother—he denied any robbery—he said he had no money when he came to me—he was dressed the next morning in a pair of new blue trowsers and a jacket, a new black handkerchief, and a new pocket-handkerchief.
Cross-examined by MR. PAYNE. Q. All your money was not gone? A. No—one sovereign and a half-crown was left.
GEORGE EVANS (City police-constable, No. 603.) I took the prisoner, and found a new pair of trowsera, a handkerchief, and pocket-handkerchief on him—he said he knew he had not got them before, but he vent to his uncle's, who gave him the money to buy them—he said his uncle lived in Prescott-street, Goswell road, I think.
CHARLES HENRY FALCONER . I am inspector or the Thames Police. I was sent for by the committing Magistrate, and desired to make some inquiries—the prisoner took me on board the Ajax, in the Dock—I saw the ship-keeper—after some conversation with him I went to a gentleman in the Dock, named Faircloth—he said to a remark the prisoner made,"What time were you with your uncle last night?"—he said, "Between six and seven o'clock"—the gentleman said, "Now I have caught you in a lie; I was with your uncle, and you were not there from six to seven o'clock"—I said, "This convinces me that the 4s. found on you is part of the money you stole from the old man, what have you done with the rest?"—he said he spent it at the City of London Theatre—I said, "Did you change the sovereign there?"—he said, "Yes"—4s. had been found on him.
GUILTY. Aged 15.— Judgment Respited.
587. JOHN STEPHENS was indicted for stealing, on the 28th of January, I watch, value 5l.; I watch-guard, value 15s.; I watch-chain, value 5s.; I seal and key, value 5s.; the goods of Thomas Anenson, in a vessel in a port of entry and discharge.
THOMAS ANENSEN . I am mate of the Jersey, lying in the London Docks. The prisoner was steward of her—on the 28th of January he left the ship without my authority—he ought not to have left—I suspected something—I went down below, looked about, went into my berth, and missed this watch, chain, and seal—I went on shore, and gave notice to the police—the prisoner did not come back till he was brought.
Prisoner's Defence. I did rot say so.
GUILTY . Aged 2l.— Confined Six Months.
HENRY LANGRIDGE . I am apprentice to John Wills and another, in the Poultry. On the 29th of January, about twenty minutes past five o'clock, I was behind the counter—I saw the prisoner suddenly step into the shop, and steal a dozen pairs of woollen gloves, which were placed on
some hosiery for show—he ran away—I immediately pursued, and over-took him in Old Jewry, with the gloves in his possession—these are them.
GUILTY .* Aged 17.— Transported for Seven Years.
JOHN SIMMONDS . I have been living in Hampshire—I came up in December for my pension, having been formerly a soldier—I received it on the 8th of January—it was one sovereign, a half-sovereign, sixpence, and a penny—when I came out I saw the prisoner and a woman standing together—I asked for a cook-shop—the woman said, "I will show you one close by"—I went and had a basin of pea-soup—I said to the prisoner and the woman, "I will give you one"—I then said, "I am not very well, I have got three miles to go, and if I could get a lodging here I should be glad"—the prisoner said, "I can let you lodge, and give you a good bed, and the key of the room"—he took me to the lodging—I thought he was the master—we sat down by the fire—he said, "You have not paid your lodging"—I said, "No"—I took out a shilling—he went out, and brought in some porter—I said I could not take any—he then took me up a street—I said, "How much further are you going to fake me?"—he took me into a public-house, and there was a woman—she had got a pot of something—she gave it to me—I gave the prisoner some—he then asked me to lend him 6d., and he would pay me to-morrow morning, for he was a man of his word—I lent him 8s. 3d. altogether—we then went back to the house where he took me first—I sat down by the fire, and said I should like to go to bed—there were two or three women there—the prisoner said, "I am here, come, I will light you up stairs"—he went up with me—I sat down on the foot of the bed—he began to shake the things about, and said, "I will take off some of your clothes"—he untied my left shoe, and took off my trowsers, which he put up in a heap—he said, "Take out your rag of a purse"—my money was safe then—I felt it before I went up stairs—I took off my jacket, which he put on the top of my trowsers—I then got into bed—I laid a little bit, and then thought, as there were three beds there, I would take my money out of my pocket, but it was then gone—noone but the prisoner had been in the room—I called for some one to come—the prisoner came up, looked round the room, and said, "There is nothing in your things"—he then went and told the mistress of the house—she came up, and I said I had lost a sovereign, a half-sovereign, and a sixpence—she said she would try to find it out—she went down, and came up again with the prisoner—she said, "Give this man his money"—they then went down—a policeman was got, who found 17s. 6d. and some copper on the prisoner.
Cross-examined by MR. PAYNE. Q. Do you mean, when you were taking off your clothes, there was nobody in the room but you and him? A. No one—mine was a hairy purse, tied with two strings—I did not pull it out down stairs—I felt it safe there—after I missed my money I laid down again—the prisoner came in a little while after with a candle, and spoke to me—I told him about my money, and he called me a b—he did not appear intoxicated—I never said so—I lost my waistcoat as well
as the money, and I saw the policeman pull it out of the prisoner's pocket—mymoney was not in that.
WILLIAM BELTON . I keep the Flying Horse public-house, Oxford-street. On the 8th of January, about half-past seven o'clock in the evening, the prisoner came there, and I changed him half a sovereign—I saw a sovereign mixed with his halfpence and silver, and said, "You have got a sovereign mixed with your money, you will probably lose it"—he said, "No, give me change," and I did—he gave me 15s. out, to take care of till the next morning, that he might buy a pair of trowsers—I went for a piece of paper—he said, "What are you going to do?"—I said, to give him a memorandum—he said, "If you are going to do any writing, I will have nothing to do with it; give me my money back," which I did.
JOHANNA HEFFERMAN . I keep the house in Lawrence-lane. I went into the bed-room, where the prosecutor was—there was no one else there—theprisoner had been there before, and I believe he was there when the prosecutor went to bed, but I was not at home at that time—I saw the prisoner searched, and saw the waistcoat found in his coat pocket, and 17s. 6d., and 11 3/4 d. found on him.
Cross-examined. Q. How long have you known him? A. Twelve months—he has been in my house that time—he has a wife and three children, and has borne an honest character.
GEORGE JOHN RESTEAUX (police-sergeant E 49.) About half-past nine o'clock, on the 8th of January, I was called in and found the prisoner in the kitchen—I took him up stairs, the prosecutor charged him with robbing him of a sovereign and a half sovereign—in his waistcoat pocket I found 12s. 6d. in silver, and 11 3/4 d. in copper—before I took it out, I asked what money he had—he said "About 1s. or 1s. 6d.—at the station I found two half-crowns in bis pocket, and this waistcoat in his coat pocket.
Cross-examined. Q. Did he not say he knew nothing about the waist-coat? A. Yes—he was drunk—the prosecutor was sober.
GUILTY . Aged 48.— Confined Six Months.
MARY SUMMERLIN . I am the wife of Thomas Summerlin, of Charlotte-street, Fitzroy-square. On the 7th of January, the prisoner was in the shop, and took up a piece of beef—I took it from her, and desired her to leave the shop—I am certain she was not going to buy it—while I was serving two gentlemen she crept into the shop again behind them, and must have concealed the meat about her, but I did not miss it till the policeman brought it in the evening—this is it.
RICHARD ETHERIDGE (police-constable G 163.) I was called to take the prisoner about a piece of bacon, about five or six hundred yards from the prosecutor's house—I watched her into a linendraper's shop, when she came out I took her, and found this beef on her.
(The prisoner put in a written defence, stating, that having taken some spirits she was not conscious of committing the act, and pleaded poverty.)
GUILTY .* Confined One Year.—(See next page.)
ALFRED COLLIER . I am in the employ of Thomas Prall, a linendraper, in Tottenham-court-road. On the evening of the 7th of January I observed the prisoner in the shop—she appeared to be in company with another woman—she was asked if she wanted any thing—she nodded—I observed some shawls moved from a pile—I bad no suspicion then, but two or three minutes after I saw her going out, and these shawls fell from under her shawl—I ran round the counter and picked them up, and then she stooped down to pick them up herself—I took hold of her, and asked what she did with those shawls—she muttered something about her husband and children, and appeared intoxicated, and I let her go—the shawls were moved three or four yards from where they had been—I do not see how they could have got under her shawl accidentally.
NOT GUILTY .
THOMAS JAMES PAINTER . I am assistant to Henry Perrin, of Holborn-bill. On the 14th of January I saw the prisoner, after lurking about a quarter of an hour, drag this Macintosh down, it tore the button-hole out—heran down Leather-lane, I followed him, and he threw it down—I took it up, followed, and took him in Charles-street—I lost sight of him when he turned the corner, but I am sure he is the boy.
Prisoner. I was trying to stop the boy that took it. Witness. I am sure he is the person—I saw him throw it away.
GUILTY . Aged 12.— Transported for Seven Years.—Parkhurst.
GUILTY . Aged 14.— Confined Six Months.
GUILTY . Aged 42.— Confined Three Months.
ELIZABETH PARRY . I am single, and live in Drury-lane—I take in mangling, and the prisoner assisted me. On the 8th of January I gave her a basket of linen to take to Mrs. Robins, of Queen's-place, Queen-street, among which was this table-cloth—Mrs. Robins made inquiry, and I spoke to the prisoner about it—she said she had delivered the basket to Mrs. Robins.
MARY ROBINS . I am the wife of Benjamin Robins, and live in Queen's-place, Lincoln's Inn-fields. On the 8th of January the prisoner brought me a basket of linen—this table-cloth ought to have been in it, but it was not.
Smart's buildings, High Holborn, where the prisoner lodged—I took her into custody, and took her to the station.
JANE GARLAND . I searched the prisoner on the 9th of January—she asked to go to the water-closet—I saw her slip her pocket into the water-closet, and in it were some duplicates—I told the officer, who took them out.
THOMAS GARLAND . I am a policeman, and am the witness's husband. I put my hand down the water-closet, and found this pocket, with ten duplicates in it—one is for a table-cloth, pawned for 9d., at Mr. David Jones's, No. 181, High Holborn, on the 22nd of December.
JOB THORNE re-examined. I went with the duplicates to Mr. Hastings, a pawnbroker in Drury-lane, and to Mr. Jones in Holborn, but found no table-cloth there—Mr. Hodges gave a table-cloth up—I found this one at the prisoner's lodgings—she was not present at the time—the landlady is not here.
NOT GUILTY .
ELIZABETH PARRY . I lost a table-cloth and three shifts, one of my own, and two I had to mangle—those now produced are them—I did not give them to the prisoner, she took them out of my place—I think I missed the two shifts on the Thursday, the 17th of December—I did not know I had lost my own till I saw it at the pawnbroker's—the table-cloth was pawned at Mr. Hodge's—he gave it up, and would not come forward.
DAVID JONES . I received these two shifts in pawn, I believe of a woman named Nash, who lives at No. 3, Somerset-buildings—I sent for that woman to my house, and in the officer's presence said to her, "Where did you get these shifts from that you pledged with me?"—she changed colour, and said, "I did not pledge them," but it was my impression that I did receive them from her.
GUILTY . Aged 21.— Confined Six Months.
RICHARD BAKER . On the 12th of January I was in Nicholl-square, Aldersgate-street, with my wagon—a wagoner fell down—while I was assisting him I lost my coat and a pair of gloves which I had left on my horse.
JOHN INGOLD . In consequence of what Baker told me I went in search of the prisoner, and found the coat on his back and the gloves in his hand, about five minutes after the accident, in Maidenhead-court, Moor-lane, Fore-street.
Prisoner's Defence. I was coming down Fore-street, to go to my uncle's, and Ingold said, "Have you got any thing to do? I said, "No;" he said, "Come with me, I will give you something"—he took me down a lane in Fore-street, and said, "Are you cold?" I said, "Yes;" he said, "Put this on;" I did, and he tied my hands behind me.
in picking up the wagoner when the coat was taken—I went one way, and the prosecutor the other.
GUILTY .* Aged 14.— Transported for Seven Years.
598. THOMAS BURKE was indicted for stealing, on the 4th of January, I watch, value 1l.; I seal, value 6s.; 2 watch-keys, value 1s.; and 1 watch-chain, value 2s.; the goods of Benjamin Ginn; and that he had been before convicted of felony: to which he pleaded
GUILTY . Aged 19.— Transported for Seven Years.
GUILTY .— Confined One Week.
600. WILLIAM GREEN was indicted for stealing, on the 23rd of January, 1 bag, value 1s., the goods of Daniel Heywood.—2nd COUNT, stating it to be the goods of a person unknown; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 17.— Transported for Seven Years.
GUILTY . Aged 18.— Confined Four Months.
DAVID EDWARDS . I am master of a barque lying at Mr. Curling's, at Limehouse. The prisoner was employed by me, and was directed to bring the nails on board from day to day—on the 7th of January I missed 2cwt. of composition nails—I instructed Johnson to bring these nails on board, but there were none taken on board since the 2nd of January that I know of.
DAVID RAYNER . I work with Mr. Curling. I saw Johnson deliver the nails to the prisoner in a basket from the place where he seeks them and picks them—I should certainly say that he delivered more than a 1/2 cwt. each time—I saw him do it four times—they came from Mr. Edwards's ship—I suppose the prisoner should carry them on board.
WILLIAM JOHNSON . I belonged to this ship, I had the picking of these nails—I gave the prisoner nearly 3cwt., I will swear to 2 1/2 cwt.—he told me he was to take them on board—this was a day after Christmasday—Icannot exactly say the last time I delivered him any nails—it was on Friday or Saturday, I cannot say which.
CHARLES EDWARD RAISBECK WOOD . I was apprentice on board the vessel—one day, when the prisoner and I were on shore, we had each half a pint of beer—he drank his first, and went on board—as I was going on board I saw him coming out of the cabin—I said, "What are you doing there?"—he said, "Looking for some old shoes"—he went down in the forecastle—I heard something like nails rattle—I went down, and saw him put his hat on, I did not see these nails—the last nails brought on board was the day after New Year's-day.
employ of Curling and Johnson—we have only received 3qrs. 9lbs. —on the 8th of January application was made to know if I had received any nails—I said I had not.
HENRY VERNON PARKER (police-sergeant K 5.) I apprehended the prisoner on the 7th of January—he asked, "What for?"—I said, "For stealing some nails belonging to the ship"—he said he knew nothing about them—I found nothing on him—next morning I went on board the Stanton, and from the centre of a coil of rope brought this bat, containing these nails.
NOT GUILTY .
603. LOUISA EDWARDS was indicted for stealing, on the 14th of November, 2 gowns, value 13s.; I frock, value 4s.; 1 pair of boots, value 3s.; I petticoat, value 3s.; and 1 counterpane, value 7s.; the goods of William Harvey Faulkner.
SARAH FAULKNER . I am the wife of William Harvey Faulkner, and live in Phoenix-alley, Long-alley—the prisoner had been a lodger, but at this time she was living as servant with my mother, in the same house—I missed the articles stated in January—I had seen them safe in July last—these are the things—my house is not a brothel—we have not more than four or five women and their husbands.
JOSEPH WILLIAM CLARK . I am a pawnbroker, in Long-acre. I produce a counterpane, pledged by the prisoner on the 1st of January, a gown, also a frock, a flannel-petticoat, and a pair of child's boots, pledged by her at various dates, from November to January.
Prisoner. I wished to redeem part of them before I was committed. Witness. When she was taken before Mr. Jardine he gave her an opportunity of redeeming them—the prosecutrix's mother is the proprietor of a house of ill fame, and the prisoner lived there without any wages, except her board and lodging—Mr. Jardine discharged her to redeem the things, and she was taken again the next day.
(The prisoner received a good character.)
GUILTY. Aged 34.—Recommended to mercy by the Jury. — Confined One Month.
HUGH HENRY ERNSTING . I am a tailor, living in Adamsmews, Charles-street—the prisoner was my errand-boy. On Wednesday morning I took a yard from this cotton, and gave it to him to put round his neck—in the evening I marked the cotton, and when he went home at night I opened it, and missed the initials—it had been cut again—I went after him—he came back, and produced this cotton from his trowsers—he had only been three days in my employ.
Prisoner. I cut the cotton off, to make a bag to put the cuttings in—I did not take the cotton with me, I left it behind me, and then I took it out and gave it him. Witness. He took it from his trowsers, and threw it on the floor—he had left the house with it in his trowsers.
GUILTY .† Aged 15.— Transported for Seven Years.—Ship.
OLD COURT.—Wednesday, February 3rd, 1841.
Third Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 51.— Confined One Year.
606. JOHN REDDING was indicted for stealing, on the 18th of January, at St. George, Hanover-square, 7 shirts, value 4l. 10s.; 6 pairs of socks, value 4s.; 5 collars, value 2s.; 8 handkerchiefs, value 1l.; 1 waistcoat, value 2s.; 1 pair of drawers, value 2s.; the goods of Robert Forsyth Maitland: 11 shirts, value 5l.; 7 pairs of stockings, value 6s.; 11 handkerchiefs, value 1l.; 9 napkins, value 6s.; 4 sheets, value 1l.; 3 curtains, value 5s.; 1 towel, value 1s.; the goods of John Harry Green: and 7 shirts, value 3l. 10s.; 2 handkerchiefs, value 3s.; 1 flannel waist-coat, value 2s.; 2 pairs of drawers, value 3s.; and 5 pairs of socks, value 2s.; the goods of Robert Lee Green, in the dwelling-house of the said John Harry Green; to which he pleaded
GUILTY . Aged 18.— Transported for Ten Years.
CHARLES THOMAS SCOTCHFORD . I am a shoemaker, and live in Salmons-lane, Limehouse. On the 8th of January, about ten o'clock, I went out, leaving these boots on a nail, and when I returned they were stolen—theseare them—the shop door was not quite closed.
THOMAS CHARLES SCOTCHFORD . I was in the parlour adjoining the shop, the door was about two or three inches open—in consequence of something my brother had said to me, I watched the shop, he had not been out many minutes when I heard a slight noise, as if the door was opened—I went into the shop, saw the door open, and missed a pair of boots—I ran into the street, some men said, "There they go, there are three of them"—I saw three running—the prisoner was one of them—I saw Davis stop him.
JOHN DAVIS (police-constable K 94.) About twenty minutes before eleven o'clock, on the 8th of January, I was going up Margaret-street, Limehouse—I saw the prisoner and another man running—Scotchford immediately came up and said, "I give this man in charge for stealing a pair of boots"—I pursued and took him—I found this pair of boots in his coat-pocket.
Prisoner's Defence. I went down to Limehouse to get work; I saw these boots lying under a window-ledge, I picked them up, and put them into my pocket.
GUILTY .* Aged 19.— Transported for Seven Years.
Before Mr. Justice William.
608. JOHN SHAUGNESSEY and MICHAEL SHAUGNESSEY were indicted for unlawfully, maliciously, and feloniously assaulting George Mayhew, on the 2nd of January, and cutting and wounding him on the right eyelid, with intent to do him some grievous bodily harm.
GEORGE MATHEW . I am an excavator, and live in Tudor-place, Tottenham-court-road. On Saturday, the 2nd of January, about twelve o'clock at night, I was in the City-road alone, going from my house—I was walking on the footway, with my hands in my breeches-pockets, going to look for a lodging—I met the prisoners—I never saw them before—theywere on the same path that I was—I did not speak to, or even look at them—the prisoner John exclaimed, "Here is a b—Englishman," and hit me in the left eye with his bent fist, and knocked me down—when I was down, the prisoner Michael kicked me in the ribs, and about the left side of my body two or three times very hard, it broke two of my ribs—I knew at the time that something was broken, for something appeared to go off like a popgun in my inside, and I said, when I got up, that my ribs were broken, I was sure they were broken—I cried out "Police," and "Murder," and John said, "Kick him in the month," three or four times—Michael then stepped forward, and made a kick at my head, but he kicked a scraper, my head laid between two scrapers—I saw him kick at me—the scraper broke the force of the kick, it caught me in the right eye and cut my eyelid quite through—it bled, and bled all day Sunday, and Sunday night, and part of Monday constantly—by this time twenty or thirty people came up, who cried, "Police," and the prisoners ran away—assoon as I got up, I went round the corner after them, and met them again—they both made a rush at me, and I went down again—that was not above two minutes after the other time—John was the first to knock me down the second time—I was only struck once—it was a sort of push to get me down, not a blow—nothing was said then—when down I was kicked by both (I am quite sure of that) in the arm and shoulder, and about my body, and they kicked one another in trying to kick me—I cannot tell how long the second kicking lasted, they kicked me and ran—the whole transaction did not take five minutes—the mob collected, and sung out "Police!" but not one of them attempted to protect me—the prisoners ran away—I was picked up—I saw Michael after that, running away in the City road, with a short stick in his hand—I saw them both at the station in about half an hour—I had never had any quarrel with them, and never saw them before—I am universally respected among Irishmen, and likewise among Englishmen—no Irishman ever attempted to ill use me before—Mr. Nott, the surgeon, saw me at the station.
Cross-examined by MR. PHILLIPS. Q. Do you mean to say you gave no affront to either of these men? A. No, never—one of them struck me the moment they met me, without any cause—I am not aware that either of them had any jug in their hands—I might not have seen it if they had—I did not kick the jug up into the air—I did nothing at all, not even look at them—I did not attempt to strike either of them—I had not the chance, or else I should have done so, after they hit me—I did not call them names.
Cross-examined by MR. BALLANTINE. Q. Were you alone at this time? A. Quite—I had parted with my brother about ten minutes—I had not seen the prisoners when in company with my brother—I was going to look for a lodging—I am single, and was going to have a lady—that was my object, and I am not ashamed of it either—I had not made up my mind what place to go to—my brother went towards his home—he is married, and lives in Elder-walk, Islington—I have worked with Irishmen many times, and never met with any one that interfered with me before.
JOSEPH HORSEY . I am a fishmonger. On Saturday night, the 2nd of January, about half-poet twelve o'clock, I was in the City-road, and heard a cry of "Police" close to where I was—I saw the two prisoners run from Tabernacle-row, round the corner into the City-road—I said nothing to them—I saw the prosecutor getting up off the pavement on the opposite side of the street—he called out "Police," and followed them into the City-road—when they found he was following them they made a full stop, and I saw them knock him down—when down I saw the prisoner Michael kick him—John was close to him at the time—I cannot say that he kicked—I heard no words pass—they ran away, and I went and picked the prosecutor up on his legs—he was bleeding from the eye and mouth—he seemed insensible at the moment—I left him, and followed the prisoners, and in three or five minutes I saw John in custody of a policeman—a few minutes afterwards, I saw Michael come out from some place, out of a hiding-place, I fancy—he seized the policeman's staff from him, and knocked the policeman down with if—I did not see Michael taken, but I saw both the prisoners at the station, in about a quarter of an hour or twenty minutes—I am confident the prisoners are the men—I never saw them before.
Cross-examined by MR. BALLANTINE. Q. There was a great crowd, was there not? A. Not when I first saw them—a considerable crowd collected afterwards—I only saw him knocked down once.
JOSEPH PEET (police-constable G 125.) On the 2nd of January, a little past twelve o'clock at night, I heard a cry of "Police," from the corner of Tabernacle-row, City-road—I went towards the cry—a woman pointed out the prisoner John, as the man that had almost killed a man—he was running away—I pursued and took him—I had no sooner done so than Michael laid bold of me by the collar, put his knees behind my knees, and chucked me up on my back, by which John escaped—I immediately got up, pursued, and took John again—he struggled violently and tried to get away, and while I was struggling with him Michael came up, laid hold of John and of me too, and tried to rescue him from me—I laid hold of him by the collar, and held them both some little time—they both struck me very violently about the body, till I found I was nearly exhausted—I then let Michael go, drew my staff out of my pocket, and said if he did not keep away I should have to use it, as he (John) was my prisoner, and he had no business to interfere—he made a rush at me, I struck at him, but did not hit him, I hit one of the witnesses on the finger—I then lost sight of him for some time—he afterwards came behind me, as I had hold of John with my left hand, and wrenched my truncheon nearly out of my hand—I put my shoulder forward and brought him round in front of me—begave another wrench, got it out of my hand, stepped back, and struck me over the nose and mouth—I was knocked down, and my prisoner ran away—I got up again as quick as I possibly could, and pursued John—Iovertook him again, clasped ray arms round his waist, and we had a very severe struggle—he nearly got away—I had hold of his jacket, when Michael came and hit me on the side of my head, and knocked me down—I was insensible, and recollect no more till I came to at the station—I saw the prosecutor standing at the corner of Tabernacle-row, when I went forward to the cries of "Police," but I was not aware of his being the person that was injured.
on the morning of the 3rd of January, about half-past twelve o'clock—he complained of having received a severe injury—I found blood about his person, and, on examining, discovered an incised wound on the upper right eyelid, immediately above the brow—it was cut through the skin and membrane into the eye—I could not ascertain any other incited wound—he complained of having received blows and I discovered a fracture of two of his ribs—he was beaten more or less about the body, but nothing to be observed further than natural blackness about the eyes—both eyes were black—there was no external mark where the ribs were broken—theskin was unbroken—I observed no discoloration in any other part cf the body—he complained of very great pain, and seemed much exhausted—hewas unable to sit upright, and had difficulty in breathing from the pain from the fractured ribs—I bandaged the ribs up that night—I saw him again on Monday morning—he complained of spitting of blood—I bled him and gave him necessary medicines—after that he went into the hospital, and I did not see him again.
GEORGE MAYHEW re-examined. I went to the hospital on the Monday, and remained there a fortnight—I have not been able to do any work since—I tried to do so last Monday week, and found it was impossible—mineis very heavy work—I think I am now able to follow my work.
MR. BALLANTINE. Q. Did you ever offer to settle this matter? A. No—I have been asked to do so, but I never made any offer of the kind, nor instructed any one to do so—they have been to my mother's house—I have been offered 20l. to settle it, and since I have been here they have offered me 5l.—I should say the man had a shoe on at the time he gave me the kick in the eye—I looked at the shoe, after I felt the effect of it, to see what sort of a one it was, and it was a heavy shoe, such at working men wear—I noticed both hit shoes—it was the right foot he kicked me with—I observed it at the time, and when he came to the station, I said it was a pretty thing to kick a man with—it was a lace-up shoe—Ido not know whether it was an ankle-jack or a water-tight—it had nails at the bottom, nowhere else—he kicked me with the end of the shoe, with the leather part.
(The prisoners received good characters.)
JOHN SHAUGNESSEY— GUILTY . Aged 30.
MICHAEL SHAUGNESSEY— GUILTY . Aged 25.
609. JOHN SHAUGNESSEY and MICHAEL SHAUGNESSEY were again indicted for unlawfully, maliciously, and feloniously assaulting Joseph Feet, on the 2nd of January, and cutting and wounding him in and upon his face and nose, with intent to do him some grievous bodily harm.—2nd COUNT, stating their intent to be to resist and prevent the lawful apprehension and detainer of John Shaugnessey.
JOSEPH PEET (police-constable G 125.) On Saturday night, the 2nd of January, about twelve o'clock, or a little after, I was on duty opposite Tabernacle-row, City-road, and heard a cry of "Police" coming from the corner of Tabernacle-row—I went towards the cry—I did not see any one on the ground—I saw the two prisoners running from the direction in which the cry was—from what a woman told roe I pursued the prisoner John—I cannot say that I saw the other then—I overtook John, and took him into custody—I told him he must stop, as I did not know but what he was wanted, something was the matter, from what I had heard—the prisoner Michael then came up, laid hold of my collar, put his knees to
the back part of my knees, and threw me down on my back—John ran away—he did nothing towards throwing me down—I immediately got up, ran after him, and took him again—he was very violent, struck me several times with his fists, and did all he possibly could to get away—after a little time Michael came from up a yard somewhere, laid hold of me and John, and tried to rescue him away from me—I laidn hold of him as well, and John tried to get away, and Michael to get him away—Michael laid hold of me and shoved me away, and struck me several times, and John also—they both struck me—finding they were too much for me, I let Michael go—I then took out my truncheon, and said, if he did not keep away I should have to use it—I struck at him, but did not reach him, I hit a witness on the finger—I then lost sight of him for two or three minutes, when be came behind me and wrenched my staff over my shoulder—I brought him round in front of me—he then gave another wrench, and wrenched it from my hand—he then stepped back three or four yards, and with a flourish struck me over the nose with my truncheon—it knocked me down—I bled a good deal from the mouth and nostrils, and, I think, a little from the wound on the top of the nose—after I was knocked down, John ran away—I got up, pursued, and took him info custody again—he struggled very much to get away, and had very nearly done so, when Michael came up alongside of me, and hit me on the fide of the head—I fell down insensible—I believe I have a slight recollection that his feet were on me afterwards, but not enough to swear to, I was confused by the blow—I was conveyed to the station by some gentlemen, and when I got better I saw the prisoners there—Mr. Nott saw me about half an hour after the accident occurred.
HAMLYN NOTT . I am a surgeon. I saw Feet on the Sunday morning—he was covered with blood and dirt—he complained of a great deal of pain and exhaustion, dimness of sight, vomiting, and so forth—I examined him, and found a contusion on the bridge of the nose, with an abraised surface—the outer skin was only cut through—there was ecchymosis from the blow, about the eyes—no skin was broken any where, not even on the nose, merely the outer skin—it was certainly not a wound—a contusion is a wound, but not an abrasion.
JOHN SHAUGNESSEY— GUILTY .
MICHAEL SHAUGNESSEY— GUILTY .
Of an Assault only.
Confined Two Years.
Fourth Jury, before Mr. Recorder.
610. ROBERT PARTINGTON was indicted for stealing, on the 28th of January, 1 hat, value 19s.; and 1 hat-box, value 6d.; the goods of William Miller Christy, and others, his masters; to which he pleaded
FRANCIS FENDT . I am shopman to George Purday and my brother, musical instrument makers, in Oxendon-street. On Wednesday, the 23rd of December, I saw this violin on the counter—I left the shop for a short time, leaving the door on the latch, and between twelve and two o'clock I missed it—I do not know the prisoner—the violin now produced is the one I lost—I received it from Sayer—it is worth twenty-five
guineas to the firm—I believe it cost 18l. two or three years ago—it is a fine toned one, and was made by a celebrated maker 180 years ago.
JAMES SAYER . I am a pawnbroker, in Drury-lane. On the 24th of December the prisoner pawned this violin for 6s.—he said it was his own—I think he gave the name of Watkins, Belton-street, Drury-lane—I delivered it up to Mr. Purday—on the 7th of January the prisoner came to redeem it, and I gave him into custody.
Prisoner. I gave the name of Walters.
WILLIAM DOUGLAS (police-constable F 90.) On the 7th of January the prisoner was given into my custody—he told me, on the road to the station, that he had bought the violin of a young man for 12s.—I asked how long he had had it—he said, "Two or three days."
Prisoner's Defence. I play the violin about the streets. On the 23rd of December I was at the Hope tavern, Bloomsbury-street, Drury-lane, and bought the violin of a young man for 12s.; I gave him 6s., and went to pawn it for the rest of the money; he at first said he had one to sell cheap, and if I met him at the corner of Long-acre at six o'clock tomorrow evening, he would bring it me, which he did.
JAMES SAYER re-examined. He asked me 7s., and I bid him 5s.—it was in a very different state to what it is now—it had rosin thrown over it—hehad a bow with him, and said, "You don't want the bow—I shall want it to-morrow, being Christmas"—I said, "What, have you got another?"—hesaid, "Yes" and I lent him 6s.—I received information of the robbery the day after, and gave it up to the constable.
WILLIAM DOUGLAS re-examined. The address on the duplicate is "John Walter, 5, Belton-street"—he gave his address to me, No. 44, Charles-street, Drury-lane—I went there, but they did not know him—I also inquired at No. 5, Belton-street, and they did not know him—I have seen him about the street, but never playing any instrument.
Prisoner. The officer took the key of my lodging from me, and went there—I lodge with another young man.
WILLIAM DOUGLAS re-examined. I went first to No. 44, Charles-street, but they knew nothing of him there—the key opened the door there, but they did not know him—I did not take him there—I saw the landlady— Idid not try the key to any door—the house is occupied by families—he said he and a young man occupied the back room first floor, at No. 44, Charles-street, but I found a family lived there, and not him.
NOT GUILTY .
612. JOSEPH CONNER was indicted for stealing, on the 31st of December, 1 basket, value 2s.; 4 planes, value 15s.; 3 saws, value 1l.; 1 gauge, value 2s.; and 2 squares, value 6s.; the goods of Robert Hayward.
ROBERT HAYWARD . I am a carpenter, and live in Upper Park-place, Marylebone. On the 31st of December I was at work at a new house in Milton-street, Dorset-square—I went to dinner at twelve o'clock, and shut the door quite close—I returned about a quarter before one, and missed my basket and the principal part of my tools—I went and found the saw at a pawnbroker's in the New-cut, about three o'clock that day—I saw the prisoner opposite the pawnbroker's shop, with my basket—I crossed over, and he crossed the road—I followed, and gave him in charge—I found in the basket a gauge, a square, and a plane of mine.
JOHN JOYCE (police-constable L 96.) I took the prisoner with the basket and tools—he said he was quite innocent, and the prosecutor must be mistaken—I found thirteen duplicates on him, all relating to carpenter's tools, and one to a saw.
GEORGE GREIG . I live with Mr. Mullins, a pawnbroker, in Staverton-row, Walworth—this plane was pawned on the 31st of December in the name of John Cook—the duplicate I gave for it is among those produced.
(Property produced and sworn to.)
Prisoner's Defence. I met an old shop-mate in the Westminster-road with a basket of tools; he asked me to pawn some tools for him, as he had to go into the country next day; he said they were his; I was to meet him at a public-house, and give him the money; as I was going to meet him the man came up and claimed the basket.
GUILTY . Aged 30.— Confined One Year.
NEW COURT.—Wednesday, February 3rd, 1841.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 33.— Confined Six Months.
GUILTY . Aged 17.— Confined Six Months.
616. MARY ANN TYLER was indicted for stealing, on the 7th of November, 3 blankets, value 1l.; 1 pillow, value 3s.; 1 bolster, value 8s.; 1 pillow-case, value 4d.; 4 sheets, value 12s.; 3 shawls, value 5s.; 2 pairs of boots, value 6s.; 2 pairs of stockings, value 2s.; 1 petticoat, value 1s.; 1 pocket, value 1s.; 1 knife, value 1s.; 2 pairs of scissors, value 1s.; 1 handkerchief, value 6s.; 1 shift, value 2s.; 1 yard of baize, value 1s.; 2 candlesticks, value 2s.; 3 flat irons, value 1s.; 1 bed-gown, value 2s.; 1 umbrella, value 3s.; 1 towel, value 1s.; 1 vallance, value 1s.; 3 shillings; and 1 sixpence; the property of Elizabeth Gilbert; to which she pleaded
GUILTY . Aged 37.— Transported for Seven Years.
617. MICHAEL ALLEN was indicted for stealing, on the 8th of January, 24lbs. weight of brass, value 3l., the goods of the London and Birmingham Railway Company.—2nd COUNT, stating it to be 2 pieces of brass, culled a Journal.
MR. BODKIN conducted the Prosecution.
JAMES WHITWORTH . I am a constable of the London and Birmingham Railway. On Friday, the 8th of January, the prisoner was employed by Mr. Cubitt, who was doing some business on the premises—as the men were leaving for dinner the prisoner went out by a gate that workmen do not usually go out at—he had a basket slung over his shoulder—I asked what he had got in it—he said, his dinner—I said, "Let me look"—he said again, "I have got my dinner"—I said, "Put it down," and found these two pieces of brass in it—they form part of the machinery of a locomotive engine—he said, "Let me go; I will give you 10s."—I said, "No; you must go to Euston-square"—when we got near there he said, "Let me go; my family are starving."
Cross-examined by MR. BALLANTINE. Q. Did he tell yon where he lived? A. Yes, at No. 6, Union-court, Holborn—I went there, and could not find each a person—there are two Nos. 6—I went to both.
FREDERICK PARKER . This brass is called a Journal—it is part of a locomotive engine—it belongs to the London and Birmingham Railway—the prisoner had access to where it was kept—it would be worth from 2l. to 3l.
Cross-examined. Q. What would it fetch? A. Only a few shillings.
(The prisoner received a good character.)
GUILTY. Aged 27.—Recommended to mercy by the Jury.
Confined Six Weeks.
618. ABRAHAM MOSES was indicted for stealing, on the 12th of January, 1 basket, value 2d.; 2 shirts, value 8s.; 1 pair of trowsers, value 2s. 6d.; 1 handkerchief, value 3s.; 1 hat, value 3s.; 1 waistcoat, value 1s.; and 1 cravat, value 6d.; the goods of William Froude.
WILLIAM FROUDE . I live with my father, Charles Froude, at Leyton-stone, in Essex. About eleven o'clock at night, on the 12th of January, I was with him in High-street, Whitechapel—he was driving a cart of Samuel Gurney's, to whom he is bailiff—he had a bundle in the cart, containing the articles stated, in a basket—before we got to Mile-end gate the policeman asked us if we had lost any thing—we looked up, and missed the basket and its contents.
Cross-examined by MR. PAYNE. Q. What sort of a night was it? A. Rather dark—I do not recollect whether it was snowing—it is not quite a quarter of a mile from the place where I saw the bundle last to Mile-end turnpike—the cart was loaded with grains.
JAMES HAM . I live in Whitechapel-road—I was standing in front of my own shop—I noticed two men with a cart loaded with grains near Mile-end—when it had passed I saw the prisoner and three others pass by—theprisoner was looking nt the cart—I saw him follow it—after he had got about forty yards to the corner of Mary-street he went half-way across the road, and returned to the cart, raised himself up on the cart, took a bundle off, and ran away—one of the others ran after him—they went down by Craggs' public-house—I gave notice to the policeman.
Cross-examined. Q. You went after the cart? A. Yes—I met two policemen, and we all three went after the cart—the prisoner was taken on Friday evening—I knew him, but I did not know where to find him—I am a general dealer—there were two bundles in the cart—I did not see
any basket—the cart was about ten yards from me when the prisoner raised himself up—it was a middling dark night—it was not snowing—I saw him take a bundle—I could not see whether it was in a basket, because it was dark.
WILLIAM CLAY (police-constable K 278.) I went after the cart, and found the prosecutor had lost a bundle and basket—I went after the prisoner the same evening, but could not find him—I took him on Friday evening—I told him it was for stealing off 'Squire Gurney's cart on Tuesday night—he said, "I think you are mistaken."
Cross-examined. Q. You had better tell us all he said to you? A. That is all—he said, "I think you are mistaken"—I said, "No, I am not"—tothe best of my recollection that is all—I said, "I have got a respectable shopkeeper on the road that saw you do it"—he said, "I suppose it is like the person you had before when you had me in custody"—I had him in custody once—I went to his house then, and asked him to walk along with me—he said, "What is it, Clay?"—I said, "I want you to go to the back of the London Hospital, to see if a lady can identify you as the person who opened a house"—when I got to the lady I found he was not the person—I then walked to Whitechapel-road—I did not give him any thing to drink—I swear I gave him no gin—I met his brother—he said, "Where is Mo?"—I said, "He is gone home"—I will swear I did not tell his brother I gave him liquor—it was stated to the Magistrate that I represented myself as a short-hand writer—I was charged with attempting to get 5s. from a man, but afterwards it proved to be another officer—the other policeman did get fined—the person who made the charge said I was one of the party—I was in the public-house at the time this attempt to get money was made, and, in consequence, was charged with saying I was a reporter, but when the person came up from the country he said I was not the person.
(Mary Collins, of East-street, Limehouse, gave the prisoner a good character.)
GUILTY .** Aged 34.— Transported for Seven Years.
619. BENJAMIN ROGERS was indicted for stealing, on the 7th of January, 36 yards of silk cord, value 3s.; 36 yards of ribbon, value 2s. 6d.; and 12 yards of binding, value 1s.; the goods of Philip Speyer.
PHILIP SPEYER . I keep a tailor's shop, in High Holborn. On the morning of the 7th of January I had this cord and other things in a drawer in the counter—I went home about four o'clock from this Court—I found the prisoner there—he was formerly my shopman—these articles are mine.
JOHN HENRY SPEYER . I was taking care of my brother's shop—about one o'clock the prisoner called, and as I was employed with a customer, he went behind the counter—I saw something taken—I could not leave the customer—after I had done I went into the parlour—the prisoner was standing there—I said, "Give up what is in your possession"—he did not say any thing, and I took this property from his pocket—he had no right to them.
(The prisoner received a good character.)
GUILTY . Aged 53.— Confined Two Months.
and missed this cheese—I had seen it safe about twelve o'clock in the morning.
MICHAEL HEATON (police-constable N 113.) I was on duty on the evening of the 13th of January—I met the prisoner, carrying this cheese on his head, between seven and eight o'clock, about a quarter of a mile from the prosecutor's—he asked me the way to the house of a gentleman named Bullock, in Grove-place—I told him he was right for Grove-place—I had a suspicion that it was not right—I went with him, and found it was not right—I took him to the station, and found the prosecutor—the prisoner was not at all in liquor.
GUILTY . Aged 19.— Confined Three Months.
WILLIAM DRAKE COLSON . I deal in women's clothes, and live in High Holborn. On the 14th of January I missed this cloak, about five o'clock—Ihad seen it safe about three o'clock—it has my private mark on it, and the shop ticket.
HENRY HALES . I am a gold-lace man, and live in Russell-street, Covent-garden. About five o'clock this evening I was in Holborn—I saw a boy in company with the prisoner—I saw the boy snatch a cloak from the prosecutor's door, and give it to the prisoner, who put it under his great-coat, ran off, and turned down Turnstile—I pursued him till he came to Whetstone-park—I told him to drop the cloak—he ran off about a dozen yards, and then a person came and brought the cloak up, and we pursued and took him—I have every reason to believe he is the person—I could not swear to him—he was dressed in the same way, but I lost sight of him twice.
HENRY DARNELL . I live in Whetstone-park. I heard the cry of "Stop thief"—I put up the window, and saw the prisoner and a boy running, and Hales after him—the prisoner was running as fast as he could—therewas no cloak before he ran—as soon as he ran past I saw the cloak behind him—I took it up, and met Hales coming back—there was no one else that could have dropped the cloak—I can swear to the prisoner's person.
Prisoner. This man came up, and said to Hales, "Look in his hat;" they looked into my hat, could not find a cloak, and let me go; then they took me again. Witness. I did not say so.
GUILTY . Aged 21.— Confined Three Months.
ANN LAWRENCE . I am the wife of William Lawrence. My daughter's husband, Richard Jones, sells milk and eggs—I was in the shop at seven o'clock on the 14th of January—I served the prisoner with four eggs—he tendered down a crown piece—I called to my daughter for change—she gave me three shillings and two sixpences—I was going to give the prisoner 7d.—he took up the three shillings, two sixpences, and the crown-piece, and ran out—my daughter and the boy ran after him—I am sure he is the person.
Cross-examined by MR. PAYNE. Q. How long was he in the shop? A. I dare say ten minutes—I never saw him before—I saw him again at the station, in about a quarter of an hour after.
MARY ANN JONES . I was called into the shop, and placed three shillings and two sixpences on the counter—I saw the prisoner take the money up, and run out—I instantly followed him—I am sure he is the person—theboy instantly followed me—I pointed the prisoner out to him—he was taken to the station.
Cross-examined. Q. How far did you go? A. To the end of Coburg-street, where we live—it was not a quarter of a mile—Webb was before me—I was just across the road—when I pointed out the prisoner I saw Webb running after him—I lost sight of them—I saw the prisoner at the station, he asked me if I could swear to the man if I saw him—I told him my mother was the best, she was the longest in the shop—I did not say I could not swear to him—Webb was in the station—he did not say, "That is the person"—the prisoner said he was not the person.
GEORGE WEBB . I am servant to the prosecutor. In consequence of Mrs. Jones crying out, I ran into the shop, and saw my mistress, half-way up the street—I ran to her, she pointed out the prisoner—I followed him, and called out "Stop thief"—he ran about a quarter of a mile, and was knocked down by a baker.
Cross-examined. Q. Where was he knocked down? A. Just by Rosomond street, about six streets from the shop—I was close to his heels when he turned the corners—he kept dodging—he was about three yards from me when he was knocked down—there were two persons behind me, but none before—the baker who knocked him down ran out from a shop—theprisoner partly ran into his arms—I came up immediately.
Cross-examined. Q. You did not get any money? A. No, none was picked up—there was a mob—several persons rushed at him at the time I seized him—he said he was not the person.
GUILTY . Aged 32.— Confined Eight Months.
PIERCE DRISCOLL (police-constable H 24.) Between twelve and one o'clock on Sunday morning, the 10th of January, I stopped the prisoner in Rosemary-lane—I asked what he had in this basket, which he was carrying—he said, "Onions"—I said, "Where are your going to take them?" he said, "To Whitechapel"—I said, "You are coming the wrong road, where did you buy them?"—he said, "In the Borough-market"—I said I did not believe him—he threw them down, and said, "There they are for you"—I took him.
Prisoner. A man gave them to me to carry to Whitecbapel church. Witness. He said he bought them himself.
GUILTY . Aged 23.— Confined Six Months.
GEORGE ELVIDGE . I am a tailor, living in Charles-street, Hatton-garden—I am married. About one o'clock, on the 11th of January, I went into a public-house, and took a glass of ale—I saw Wilson there—no conversation took place between us, but when I came out the wished me to go home with her—I declined it, and said I was married, and had a family—Lewis then came up—they took hold of each arm, and forced me into a brothel, in a court about seven yards from the public-house—Idid not halloo out, because I considered I was in fear, being in a bad house—when I got in, both the prisoners began rifling me—I succeeded in getting my money from them again—my watch was taken out of my pocket two or three times by Wilson, and I forced it out of her hand—I wished to come away, but they said I should not, till I gave something to drink—I said I had no objection, provided they would let me go quietly—I put down 1s., they said that was not enough—I then put down 1s. 6d.—I said I could hardly spare it, having a family to support—Lewis then went for some drink, and when she returned they both began rifling my pockets again—Wilson then went out, and I missed my watch directly—it was safe when Lewis went out for the drink—I said to Lewis my watch was gone, and she said she would go with me to find the party—we went out—I directly met a policeman and told him—I missed my handkerchief also, and found it at the station.
Cross-examined by MR. PHILLIPS. Q. Did the landlady of the public-house refuse to let you have any more drink? A. Yes—I had two glasses of ale there—it was past twelve o'clock—I was tipsy—the court in which the prisoners took hold of me was in my way home from Kennington—Iwas forced into the brothel quite against my will—there were two men standing at the door—I am lame, but if I had had two legs to stand on I might have resisted—there was no other woman there—I gave the money for some rum and a pot of ale—I did not drink any of it—I wished to get quietly away—it was then between one and two o'clock—I was about 100 yards from home—I came home in the omnibus—I stated at Hatton-garden that there were two men at the door of the brothel, and I believe the watch was given to them.
CHARLES COUSINS (police-constable G 42.) I took Lewis, and the prosecutor said she was one of the women that was in his company—Lewis said, "It is not me you want, it is Irish Jane"—I found Wilson in the room about an hour afterwards, she was up by the side of the bedstead concealed—she said she knew nothing about any man or watch either.
Cross-examined. Q. Was any body else in the room? A. Yes, a man.
Lewis's Defence. I said the handkerchief was mine, because I thought it belonged to a young man who had been to see me that day.
NOT GUILTY .
625. ANN BROWN was indicted for feloniously receiving of an evildisposed person 1 50l. and 1 40l. Bank-note, the monies of Jesse Vincent Watkins, well knowing them to have been stolen; against the Statute, &c.
MR. CLARKSON conducted the Prosecution.
Co., advertisement agents in Warwick-square, and live in Myddleton-square. On the 1st of January I had a 40l. and a 50l. notes—I kept them in a little mahogany box that stood on the drawers in my bed-room—I did not return home till half-past eight o'clock—I found the house had been robbed—the box was broken open, and was in the hands of the police—I gave information, and directed the notes to be stopped—on the 15th of January I received a communication from the Bank—I went, and found the prisoner in custody—I found my 50l. note there—the prisoner was taken to the Mansion-house, and remanded till the following Tuesday—I afterwards received information from an officer, and I saw the 40l. note—it was one of the notes I had lost.
Cross-examined by MR. BODKIN. Q. You knew the number of the notes? A. Yes—I communicated them at the Bank and to the officer— Ioffered no reward.
JOSEPH SPURRELL . I am one of the cashiers of the Bank. On the loth of January the prisoner presented this 50l. note to me for change—findingit to be a stopped note, I took her to the Secretary—as we were going along she said, had she not better fetch the gentleman who gave her the note?—this address was on the note—(read)—"Elizabeth Brown, 52, York-row, Westminster."
Cross-examined. Q. What time was this? A. Between twelve and one o'clock—I made no answer to her when she said, had she not better fetch the gentleman—she went very willingly to the Secretary's office.
JOHN KILLINGWORTH . I am shopman to Mr. Perkins, a pawnbroker in King's-road, Chelsea. I have known the prisoner about two years—shehas been a customer—I have seen her husband—I have not seen him here to-day—she had been in the habit of coming to pledge articles, and to redeem them—she has not pledged exceeding 2l. at once—she was always of respectable appearance—on Monday, the 4th of January, she came to my employers about seven o'clock in the evening, and asked if I could give her change for this 40l. note, and produced it—she never offered me a note of so large amount before that I remember—I gave her 40l. in full—she afterwards paid for some articles she redeemed, to the amount of 8l. or 9l.—I did not know she was going to redeem them when I changed the note—I gave it to her all in sovereigns—I asked her her name—I did so because I wished to be certain in writing it down on the note—she said her name was Brown, and she lived in York-row—she had removed, and I thought she lived in George-street or Lower Sloane-street—Idid not ask her where she got the note from—I did not consider that there was any necessity, as she came respectably dressed, and I had known her so long a time—I wrote on the note what she told me—part of the writing is cut out—here it is—(reads)—"A. E. Brown, York-row, Westminster, 4th day, 1st month"—we have a looking-glass in our shop—when I was changing this note for her I saw the reflection of a man's hat close to the door, but no countenance.
MR. WATKINS re-examined. This 40l. note and 50l. note are mine.
SUSANNAH TURNER . I am a prisoner in this gaol, charged with stealing two books—I have been in the same ward with the prisoner—I heard her speak several times to a woman named Thornton—she said she had changed the 10l. note at the pawnbroker's, and that party was coming against her, and she should have done very well if she had not taken the
50l. note to the Bank—she seemed in a great deal of trouble about a person she called her brother—she said she had only 10l. out of the lot to spend—she said if she should be transported she understood persons might go there, and be hired out as servants, and she wished to God it might be true—she said the robbery she was taken up about was committed in Myddleton-square.
Cross-examined. Q. How came you to state this? A. The matron asked me some days back what I had to state, and of course I owned the truth—the matron did not say whether any body desired her to do it—I bad said nothing to the matron before she spoke to me—I should not have named any thing I had heard had I not been questioned—the matron spoke to me three times—once by herself and twice before the Sheriff—afterthe matron had stated what she heard me say, the Sheriff asked me if that was true—I said, "Yes, that was what I heard"—the matron did not tell me it was any advantage to me—she said it was doing me no harm nor any one else—I saw the Sheriff twice, and the solicitor for the prosecution was there the last time.
JOHN FORRESTER . T was sent for to the Bank of England on the 15th of January—I found the prisoner at the Secretary's Office—I asked her name—she said, "Ann Brown"—I asked her where she got the note—shesaid that a gentleman had given it to her whom she had been acquainted with before, but she did not know his name, that he was in deshabille, and did not like to go into the Bank himself, but he said if she would take it in, he would give her 10l.—she said he was in Threadneedle-street, or somewhere about the Bank—I said we had better go and see if we could find him—we went and walked, about the Bank and Threadneedle-street, but could not find him—I went to see for No. 52, York-row, which is the direction on the note—there is no such place.
GUILTY . Aged 29.— Transported for Seven Years.
THOMAS BAKER . I live at Holloway—the prisoner was my errand-boy—hehad been with me about a week—I directed him to make out some bills—if he has received 2l. 10s. 6d. from Elizabeth Carter, which she owed me, he has not paid it to me—it was his duty to do so.
JAMES CONNOR (police-constable N 294.) I went to the prisoner's house to ask him to come with me—I charged him with the offence, and he acknowledged it—I asked him how the money got away from him—he said, in consequence of fits he did not know how the money got from him.
Prisoner's Defence. I have been subject to fits for eight years; as I was coming from the gentleman's house in Barnsbury-park, I fell down in a fit, and when I came to myself I was stripped, and the money gone from me.
GUILTY . Aged 22.— Confined Six Months.
for a newspaper—she came in a second time, and then took these two books, which were on a shelf at the side on which she came in—she put them under her cloak—I waited till she gave her message, and then accused her of having the books—she said she had not got them—I said she had—she asked me to look under her cloak—I looked under the right side, they were not there—I then looked under the left side, and they were there—they are my brother's.
Cross-examined by MR. PHILLIPS. Q. What books are they? A. Two volumes of a novel called the "Bubble Family"—she said she wanted the Times newspaper to be sent to her husband at No. 13, Alsop-mews—shetold me the books had fallen off the counter—there was no one in the shop at the time—she was standing against the counter.
COURT. Q. Are you sure you saw her take the books down from the shelf? A. Yes, I am quite sure.
NOT GUILTY .
THOMAS BARRETT . I am a chair-maker, and live in William-street, Hampstead-road. On the 16th of January I was passing down Oxford-street, about seven o'clock at night—I saw the prisoner walking before me—his bulky appearance attracted my attention—I saw something under his arm like a pewter pot—I told the policeman, who spoke to the prisoner—he refused to give him any satisfaction, and he took him to the station—these eleven pots were found on him—he said he was crossing the fields near Bayswater, and found them in a ditch.
JAMES GARNER (police-constable E 137.) I went and asked the prisoner what he had got—he said, "Nothing but my coat"—I took him to the station, and pulled out these pots from his pockets, and the lining of his coat.
Prisoner's Defence. I was walking close to Kensington Gardenwall; I fell into a ditch, and felt something hard, which hurt my arm; I looked, and found these pots all bent up as they are now.
GUILTY .* Aged 21.— Confined Nine Months.
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY .— Confined Three Months.
GUILTY .— Transported for Seven Years.
GUILTY . Aged 36.— Confined Three Months.
HENRY BURTON . I am clerk to Daglish and Co., coal merchants, in Great Scotland-yard. On the 11th of January I received a 10l. note—I put it into my trowsers pocket—on the night of the 11th I had it in my pocket—on the morning of the 13th I took it to the Sun public-house to get it changed—I do not know the number of the note—I saw the counting-house clerk sign his name on it—the prisoners were in the employ of Messrs. Daglish about the yard—I lost the note from my pocket either at the gates or in the yard—I am certain it was in my pocket on the 13th— onthe morning of the 14th, from information, I gave the prisoners into custody—this is the note—(looking at it)—I know it by the writing of Mr. Hopkins on it.
EDWARD JAY HOPKINS . I am a clerk of Messrs. Daglish. The prisoners were at work there on the 13th of January—I received this Bank note, and gave it to the prosecutor—I have written my signature on it—I believe the prisoners must know my hand-writing from their constantly seeing it.
JOHN DIXON . I keep a public-house in King-street, Westminster. I know the prisoners—I have frequently seen them all at my house during the last twelve months—they all three came there together on the 13th—they called for a glass of brandy and water—I served them—I think Black well asked me first for change for this note—I said I did not think I could give it—they then said they could not pay for what they had had without change—Gilbert produced the note—Hooked into my cash-box, and found I could give him change, which I did, and took for the glass of brandy and water—I wrote the name on the note, which they gave me—I understood it to be Clifford instead of Gilbert—I paid the note away.
Cross-examined by MR. PHILLIPS. Q. You know these men perfectly? A. Yes—I could have no difficulty in identifying them.
CHARLES WALKER (police-constable H 78.) I received information and took Gilbert—he said Blackwell gave him the note, and told him if he would change it he should receive part of the money—I took Blackwell and Pywell at a public-house, and asked them about the note—they said they did not have it, or something of that kind, and they knew nothing about it—I took them to the station, searched them, and found on Gilbert 4l. 10s. 4 3/4 d., on Blackwell twenty shillings, two fourpenny pieces, and 4 1/2 d.;—this was on the 14th—on Pywell I found 2s. 5 1/4 d.—Gilbert said he did not mean to have spent any of his money till he had heard something about it—he expected there would be something about it.
Q. You have said these men said they knew nothing about the note, is that true? A. It is—this is ray name—(looking at his deposition)—when I took Pywell he was quite drunk—I did not tell the Magistrate that Pywell said he knew nothing about the note—I will not take my oath that he said so—Pywell was not drunk when he got to Bow-street— hewas the worse for liquor—he was capable of walking to the station—he was drunk.
NOT GUILTY .
THOMAS LOWTHER . I keep the Ship and Star public-house, at Wapping. The prisoner came on the 12th of January, and asked for a glass of ale—hestaid about five minutes—he hung up his bat alongside of mine—he went out, and took ray hat instead of his—I went out with his hat, and ran after him a long way—he ran the faster the more I called after him— thepoliceman stopped him with my hat on his head—he begged my pardon, and said he had taken a wrong hat.
Prisoner. I went into the house, and thought it was but eleven o'clock; I heard the landlady say it wanted but a quarter to one; and as I dine at one I got up to run home, and took his hat instead of mine; I left a better hat behind me; I did not hear him call after me.
GUILTY . Aged 28.— Confined One Day.
EDWARD WILKINS . I am a confectioner, and live in St. John-street. The prisoner was my carman—he was authorized to receive money on my account—he was to enter it in a book which we keep for the purpose, and to give me the money every day that he received it—he did not account to me for 1l. 19s. 8d., nor for 8l. 1s. 10 1/2 d.
Cross-examined by MR. RYLAND. Q. Did he write this in your presence? A. He did—I had not seen him before—he delivered me these goods on the 1st of December—I saw him afterwards at the police-office—Ihave no doubt of his person.
FREDERICK THOMAS WILLIE . I am clerk to Mr. Wilkins. On the evening of the 11th of January, the prisoner came into the counting-house and said he had had an accident and lost a sum of money—I asked the amount—he said about 10l.—one sum was 8l. odd of Mr. Adams, and the other was 1l. 19s. of Mr. Parker's, in John-street-road—he said he had lost both on the same day in the last week, through having a hole in his trowsers pocket—I said I should acquaint his master, and I did so—the next morning I questioned him again, and he said he could not recollect the day he lost it.
GUILTY . Aged 23.— Confined Six Months.
THOMAS BONSOR . On the 18th of January, I was at the Inland window of the Post-office, posting some letters—I had this handkerchief in my pocket, which belongs to my brother, William James Bonsor—the officer spoke to me, and I saw the prisoner and the handkerchief.
in the hall of the Post-office a few minutes before six o'clock—there were a great number of persons collected—I saw the prisoner go up to the window, but he had no letters—two others went up after him—the two others went away—the prisoner was then going away—I took him, and opened his jacket, where I saw something bulky—I pulled this handkerchief from under it, I searched him, and found he had been in the Sailors' Union, and got some trowsers and other things when he came out.
GUILTY .* Aged 17.— Confined Six Months.
636. JOHN CHAMBERS was indicted for stealing, on the 29th of November, 1 pair of trowsers, value 3s., 1 waistcoat, value 2s.; 1 shirt, value 1s. 6d.; shawl, value 3s.; and 1 handkerchief, value 1s.: the goods of William Peatling, and that he had been before convicted of felony.
MARY PEATLING . I am the wife of William Peatling; we live in Caro-line-street, Stepney, and let ready-furnished lodgings. The prisoner came and took a lodging for a constancy on the 28th of November, he took it by the week, and stated that he worked at Limehouse—he was only there one night—he left on the 29th—as he did not return in the afternoon, I went into the room, and missed the articles stated—I have never seen them since.
GUILTY . Aged 23.— Transported for Fourteen Years. (There were two other indictments against the prisoner.)
GEORGE TREW (police-constable H 125.) On the 12th of January, about six o'clock at night, I met the prisoner at the corner of Old-street-road carrying these two chairs on his head—I asked where he was going to take them—he said, to a man down Shoreditch, but he did not know his name nor where he was.
(The prisoner received a good character.)
GUILTY . Aged 22.—Recommended to mercy.— Confined Six Weeks.
JEREMIAH CHALLENGER WOOSTER . I am a cabinet manufacturer. On the 30th of January, between twelve and one o'clock at night, I was in Long-lane, Smithfield, within three or four doors of my own house—the prisoner, who was a stranger, addressed me, and said, "You are a Chartist, I know," or, I "believe"—I replied, "I am no Chartist, nor do I know any thing of the Chartist society"—he immediately put his finger and thumb into my waistcoat pocket, and took out two half-crowns—I seized him, and we had a violent struggle—I saw both the half-crowns on the pavement—one of them was picked up, and the other was lost—I struggled
with him till I got assistance—it was as much as two or three could do to hold him, and at last, when he saw the policeman coming, he made a bite at my hand.
Prisoner. I throw myself on the mercy of the Court; I have a wife and children.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy. — Confined Six Months.
639. WILLIAM MANNING and FREDERICK SCHWEDER were indicted for stealing, on the 7th of January, 1 inkstand, value 7s.; and 1 ruler, value 1s.; the goods of John England Nicholls: and that Manning had been before convicted of felony.
JOHN ENGLAND NICHOLLS . I am a stationer, and live in Wigmore-street. On the 7th of January, about half-past one o'clock, I went into my shop, and saw the two prisoners there—I had seen Schweder there before, and I said to him, "What do you do here?"—I do not know whether he made any remark, but they both left the shop immediately—I then missed an inkstand—I followed the prisoners, who were walking arm arm, till they turned the corner of Cavendish-square—they then separated—Ifollowed Manning, and caught him in a mews—he said, "I have not got any thing, it is the other boy"—I gave him in charge—this inkstand was found on him, it is mine, and is worth 7s.
THOMAS WEBB TAYLOR (police-constable C 164.) I took Manning into custody—I found this inkstand in his pocket, and this ruler he drew out of his pocket, and threw in the road—I found on him this stamp, which I have not been able to find an owner for—I went to Schweder's father's house on the following Monday, and found him—I said I dare to say he knew what I wanted him for—he said he did not—I asked where he was on the Thursday—he said, "In the enclosure in St. James's-park"—I asked if he knew Manning—he said, "Yes"—I asked him if he was with him in Wigmore-street—he said, "Yes."
MANNING— GUILTY . Aged 15.
SCHWEDER— GUILTY . Aged 15.
Transported for Seven Years.—Convict Ship.
640. EDWARD SMITH was indicted for stealing, on the 11th of mary, 3 1/2 pecks of oats, value 3s.; 2 pecks of chaff, value 3d.; 18lbs. weight of straw, value 6d.; and 66 pieces of wood, value 2s.; the goods of George Smith, his master.
DANIEL MULLINS (police-constable N 322.) On the evening of the 11th of January, about seven o'clock, I was about three hundred yards from the prosecutor's—I stopped the prisoner, carrying a bundle under his arm—I said, "Let me see what is in it"—he said, "It is chaff"—I felt, and said, "It is a little oats—he said, "It is a little oats I am taking to my rabbits"—I
said, "You must go with me to your master"—he said, "My goodness, look at my family"—he then said, "Throw it away, and take no notice of it"—I found the bundle contained oats and chaff—I searched his lodging, and found some more oats and straw, and some pieces of wood.
Cross-examined by MR. PAYNE. Q. Has the prisoner a wife and family? A. Yes, four children.
GUILTY. Aged 35.—Recommended to mercy. — Confined Three Months.
OLD COURT.—Thursday, 5th, February, 1841.
Second Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 17.— Transported for Seven Years.
RICHARD GREEN . I keep the Queen's Head public-house at Uxbridge. The prisoner was my ostler, and took out beer to the customers—he was authorised to receive money on my account, and he was to give it to me as soon as he came back—I served Mrs. Cove with beer—he never accounted to me for having received 1s. on the 7th of December, or 1s. on the 14th—Ispoke to him about it each morning—he said on the 7th, "Master, Mrs. Cove did not pay me this morning," and on the 14th he said, "Master, I was not paid this morning, this makes two weeks"—he told me so five weeks successively—he quitted my service on the Friday, and on the Monday after I sent for the money, and found he had received it—hehad been with me nearly twelve months.
CHARLOTTE COVE . Mr. Green supplied us with beer, which the prisoner brought—I paid him regularly every Monday morning—the last shilling I paid him was on the 4th of January—the 7th and 14th of December were on a Monday.
RICHARD ROADNIGHT . I am a policeman. I took the prisoner, and accused him of absconding from his master with 5s., which he had received—hesaid he had the money, but had lent it to some person, as he could not make his accounts up.
Prisoner's Defence. I lent the money, and when I found the situation I was in, I went to Mr. Bagley, of Uxbridge, and asked him to make the money good, to prevent my going to gaol, and he said Mr. Green would settle it.
RICHARD GREEN re-examined. I never agreed to forgive him if he repaid me the money—Mr. Bagley came to me, and asked if I would wait for my money—I said I had told the policeman to take him, and it was out of my power—I never knew any thing dishonest of him before.
GUILTY. Aged 65.—Recommended to mercy. — Confined Three Weeks.
and the prisoner came to nurse him—she appeared to be drunk—she had not been in the house two hours when, in consequence of information, I went up and missed a blanket from the back attic, which the prisoner was to occupy—she came in in about half an hour, and I taxed her with it—shesaid she had never seen it—I got a policeman, and went with her and Allen to a place where I saw two blankets—I said one was mine—she said it was Mr. Mortimer's—one of them was Mr. Mortimer's, but the other was mine—this is it.
ANN EVANS . I am Mrs. Porter's niece. I saw the prisoner come down stairs with the blanket, and go out with it—I did not speak to her then—shecame back soon after, and I told her I had seen her with one of my aunt's blankets—she said she had never touched it.
JOHN ALLEN . I live at Lisson Grove. Mr. Mortimer employed me to move some things to Grove-terrace—I afterwards saw the prisoner come out of the house with a blanket—I saw her take it to No. 3, Nightingale-street, where they were found by the officer.
Prisoners Defence. I had been nurse to Mr. Mortimer for three months—Iwas not aware I was to leave, but on Saturday night he told me to go—Iwent to Nightingale-street, and asked an old woman I knew to allow me to sit up in a chair—Mr. Mortimer had three blankets—I thought I would take one to wrap round me—unfortunately this woman's blanket was on the bed, and I took it with Mr. Mortimer's.
GUILTY . Aged 44.— Confined Three Months.
Before Mr. Justice Coltman.
(From the evidence of three medical witnesses, there was no proof that the child, of which the prisoner had been delivered, did not die from natural causes. The details of the evidence, it is presumed, are best omitted.)
NOT GUILTY .
Before Mr. Justice Williams.
645. WILLIAM FLETCHER and JAMES CHITTEM were indicted for feloniously assaulting Matthias William Cundale, Jan., on the 19th of December, and threatening to accuse him of having attempted and endeavoured to commit the abominable crime of—, with intent to extort and gain from him divers money, and by the said intimidation and threat, extorting 1 sovereign, 1 half-sovereign, 2 half-crowns, and 5 shillings, his monies.—2nd COUNT, for robbing him of the said monies.—3rd COUNT, for menacing and demanding his monies, with intent to steal the same.
MATTHIAS WILLIAM CUNDALE . I am a chemist, and live at No. 12, Great Chapel-street, Westminster; I am single, and live by myself. I first saw the prisoner Fletcher on Friday, the 27th of November—between seven and eight o'clock that evening, I was looking in at a picture-shop in the Strand, at the corner of Southampton-street, and somebody pushed against me—I moved to the other window, and felt the push again from somebody, I did not know who—I did not see Fletcher there—I then went into the City, and on my return home about ten o'clock, through Spring
Gardens, Fletcher tapped me on the shoulder and demanded 1s., and said if I did not give it him he would instantly charge me with an attempt to commit an unnatural crime—being frightened I gave him the shilling—I did not say any thing—he said before I gave it him, that he wanted it to ride home with to a lady that he lived in the Regent's Park with—he said nothing more after he got it—on Sunday night, the 29th of December, between ten and eleven, I met the two prisoners together in Pall Mall—Fletchersaid, "You are just the chap we want," and then they both asked for something to drink, Fletcher first, and Chittem afterwards, and Chittem said if I did not give it them they should press the charge that Fletcher had persevered in on the Friday, and under the fear and dread of being accused of such a crime, I gave them drink—first of all I tried to take shelter from them by going into a public-house in Duke-street, they came in after me, and after we had got into the parlour they ordered a pot of half-and-half, a glass of rum and water, and two cigars—they left the house first—I staid behind and paid 1s. for the articles—it came to 1s. 4d., but I had no more money in my pocket, and could not pay the demand for the cigars—when I went out I saw nothing of them till I had got across the Park in my way home—when I got into James-street, near Buckingham-gate, Fletcher accosted me and said he wanted 1s.—he said he was Lord—'s servant, that he was locked out from the barracks, and if be did not have the 1s. he should press the charge against me still—(Chittemwas with him then)—I told him I had no money with me, that if be wanted any he must come round to where I lived—they walked round James-street into Little Chapel-street—Fletcher remained behind there, and Chittem came round to the door—I opened the door and went into my house—I went round the counter, got 1s. 4d. out of the till, and came round with the intention, if I saw a policeman, of giving them in charge—Idid not see one, and gave Chittem the money—he said nothing, but went away—Fletcher was then in Little Chapel-street, not within sight or hearing—on the 13th of December Fletcher came to my house by himself, and said he wanted 2s.—I gave him the 2s., and when he had got the 2s. he said it was 5s. that he wanted, and not 2s.—I gave him three more shillings, and he went away—on Saturday, the 19th, between nine and ten at night, I was proceeding up Strutton Ground, Westminster, and saw the two prisoners—Itried to avoid them by going down Artillery-place, and round into Little Chapel-street home, but when I got into Little Chapel-street Fletcher first of all came up—he called Chittem by the name of Jem, who then came up, and when they were both together, Fletcher said he wanted a sovereign—I told him I had not got any money—he said he must have it, and if I did not give it him, he would go round to every neighbour in the place and tell them that I was such and such a character—upon that, through the fright and fear of being accused of such a thing as that, I went over to a neighbour, very nearly opposite, and borrowed a sovereign—he lent me a half-sovereign, two half crowns, and the remainder in shillings—Ihad first of all been to my own house, but had not the money—I gave the money to Fletcher in Chittem's sight—Chittem directly said that he wanted a sovereign, for he had had an accident to break the window of his master's carriage, and he must have it—I told him that I had not got it—he said he would press the charge, he would go round as Fletcher bad said and tell the neighbours I was such and such a character—I then went down to a friend of mine in Tothill-street, and borrowed another sovereign—they followed
me—on getting the sovereign I gave it to Chittem, and told him if ever they came down again I should instantly give them in charge, but that was not in Fletcher's hearing—I saw them again on Thursday, the 24th of December, as I was in my shop—they waited about half an hour before any notice was taken of them—I then told my father of what had taken place, and asked him instantly to go out and speak to them—he went out and spoke to Fletcher—I saw him, but did not hear what he said—myfather came in and told me something—they both waited about an hour after that before they went away—I suppose they went because they were tired of waiting any longer—on Monday morning, the 11th of January, the prisoner Fletcher came to my house about eleven—he was very abusive and used a great number of bad words—he said that I was a s—, and that he would not go away from the place till he had given me in charge—I told him he had better go about his business, if he did not I would most assuredly give him in charge—he still staid—I sent a girl that was cleaning for me in the house, through the premises of a next door neighbour, to fetch a policeman—she came back and said she could not find one—a friend then went out, saw a policeman, and brought him in—Fletcher pushed open the door, rushed into the parlour, and there he staid bullying and abusing me till the policeman came—I gave him in charge to the policeman—Chittemwas not there then—he was taken up the same afternoon, and was brought to Queen-square between four and five—I did not order him to be taken, but Mr. Burrell, the Magistrate, did—I had never seen either of the prisoners before this occurrence.
Cross-examined by MR. DOANE. Q. How old are you? A. Twenty-seven—I am in business for myself, in Great Chapel-street, and shall have been so twelve months next March—I have occasionally gone about town by myself, but not a great deal—I have been with my father and friends—for the last twelve months I have been keeping company with a lady, and when I have gone out I have gone out with her—I was born and bred in London, but from fifteen or eighteen years of age I have lived a little way out of town—the station and police-office are very near my house—the first time I saw Fletcher was on the 27th of November—I had gone into the City on business that evening, a friend had sent for me—itwas between seven and eight o'clock that I was at the picture-shop—I was two or three minutes at each window—one window is in Southampton-street, and the other in the Strand—I felt a push there, but did not see Fletcher then, not till I returned from the City—I saw him at the corner of Spring-gardens, by Drummond's the banker's—it was there he touched me on the shoulder—I went home by the Horse-guards, up King-street, Charles-street, and Delahay-street—I did not go through the enclosure, or into the Park at all—when I saw the two prisoners in Pall-mall, on the 29th, between ten and eleven o'clock at night, I had been with two friends part of the way into the City—after coming out of church they went home, and had a bit of supper with me, and after supper I accompanied them as far as Hungerford-market, or rather better.
Q. How was it you found yourself in Pall-mall, from the Strand—that was not in your way home? A. I had been in an ill state of health for some time, and had not been out, except on Friday, for the last eight or nine months, and I thought a little variation in the walk, as it was not very late, would not hurt me, and I proceeded down Pall-mall, instead of the old way—the public-house I went to is at the corner of Duke-street and
Jermyn-street—I do not know the sign—I had been there before, but not for the last two or three years—if I wanted a drop of ale or any thing as I passed, I used to go in—I did not know the landlord or landlady—I suppose I was not half an hour in the public-house with the prisoners—I should say it was not more than half-past ten o'clock when I got there—I went into the parlour first, and they followed me in—there was one gentleman in one of the boxes, nobody else—there was no waiter—I think the person that was in the box brought the drink—I presume he was the landlord—the prisoners and I all sat in one box—I went into the box first, Fletcher followed me on one side, and Chittem afterwards—he sat on the same side of the table as me—I sat in the corner, and he rather higher up, and Fletcher was on the other aide—we had a pot of half-and-half first—the prisoners drank of it, I did not touch a drop of it—I bad a little of the rum-and-water, which came in afterwards—the prisoners ordered it—I took a drop of it—they would not let me go away from the place—after the person waited on us he still staid in the same place—he did not sit down with us—he was in the room all the time till within, I think, about five minutes of starting—he brought in the rum-and-water—Ipassed the bar as I went into the public-house—I did not notice any body there—I walked straight in—I will swear I was not there an hour—Idid not take particular notice of the time, but it was, as near as I could judge, half an hour—they left about five minutes before me—I staid a little while after they went, thinking I should not see them—after they had gone out I went to the end of Jermyn-street, down St. James's-street, and through St. James's-park—if I had gone the other way I should not have had to go through the Park at all—I went into the Park at the Stableyard-gate, and out at Buckingham-gate—it was not getting on for twelve o'clock, for I was home at a little after eleven—I did not notice the time when I got home, but I had heard either the Abbey or St. Margaret's clock strike, and I got home about ten minutes after that—I was at the corner of the Park, I dare say, when I heard the clock strike—a young man lodges with me, he is twenty-four years of age, I believe—no other male—my father does not live with me, he only comes occasionally—itwas in James-street that Chittem demanded the 1s.—that was the first I noticed of them after I left the public-house—they were before me—when I saw Fletcher, on the 27th, I did not tell him where I lived, nor did I tell them when at the public-house.
Q. But they were before you on your road home, when you got to that street? A. Yes—it was not far from my house—they were walking—Chitteminstantly accosted me, and said he wanted Is. for a bed, that he was in Lord—'s service, and had been locked out of the barracks—Fletcher had told me on the Friday evening that he was in the service of a lady in the Regent's-park—I had not asked him his name or what he was—my father lives at Sand's-end cottage, Sand's-end, King's-road, Fulham—I did not go to tell him what he had happened, because I had no one to leave in my place—Idid not write to tell him—I thought this a very extraordinary thing, but the fright and dread of being accused of such a crime, and being subject to fits as I have been, (I had one only last Sunday) and they said they would never come near the place again, I thought it would have died away, and no notice be taken of it—I did not name it to any one before I named it to my father—I did not go after the prisoners to see where they lived—the phrase they used the fourth time I saw them was, "Such and such a character
"—it was on that occasion I borrowed the money—I borrowed one sovereign of Mr. Beasley, a linen-draper, in Great Chapel-street—he is not here—that sovereign Fletcher had—the one I gave Chittem I borrowed of Mr. Jacques, a plumber and glazier, in Tothill-street.
Fletcher. Q. When you met me in the Strand, what were the words you used to me? A. I did not see you in the Strand—I did not say to you, "How nice your boot-tops look"—I did not walk with you down the Strand, and ask you whether Chittem was a young man out of York-shire, nor that I thought I knew him—I did not ask you to have a glass of ale with me in Cheapside—I did not take you to a cofiee-shop at the back of the Mansion-house, as we could not get any ale—I went to an upholsterer's shop at the back of the Mansion-house—that was my friend's—Idid not tell you to wait for me—I did not go with you into a Tom and Jerry shop, and have two pints of ale—I did not invite you to ask Chittem to come on the Sunday night to Piccadilly—nothing of the kind—I did not say he was not the young man I knew, but as he was in a livery-stable I could get him a situation—you did not tell me he lived at a Mr. Shaw's—wehad no such conversation—I did not ask you to go and have something to drink.
Q. Did not you go into this public-house, and call for a glass of rum-and-water? A. You called for all the liquor yourselves—I did not call for any—I did not invite you and Chittem home to supper—I never should have thought of inviting two strangers, particularly two servants whom I knew nothing of—I did not tell Chittem to come to my house on the Wednesday following, and I would let him know about the situation—nothing of the kind—no mention was made of any situation—I did not ask you for your character—I did not know whether you were in or out of a situation till the morning you were taken into custody—I did not come to you at any Mews—I did not want to pull you about or take hold of you in an indecent manner—I never laid a finger on you—when you was given in charge you set up this defence, and denied it in the presence of a witness now here—I did not run away as you resisted—you did not give me a slap on the head.
MATTHIAS WILLIAM CUNDALE . I am a surgeon, and live at Fulham—myson first mentioned to me about this transaction on Christmas-eve, after the business of the shop was over—I was in his shop—Fletcher was there at the time—my son requested me to tell him to go about his business—Idid not see Chittem at that time, but when I went out to ask Fletcher what he wanted, whether he wanted any prescription, he called to Chittem, who was by the side of him, "Jim," and he came to him immediately—theywere not given in charge that night—I do not rightly know why, perhaps from the confusion of the business—in fact, I did not then know what their business was—it was after they were gone my son told me—we were very busy then—when I asked Fletcher his business, he said, "He knows what I want," or, "what I want him for," I canot exactly charge my memory which—they remained a considerable time after I returned to my son, but he did not tell me till they were gone—he did then, and I advised him to apply to a policeman—I am certain the prisoners are the two men.
WILLIAM APPLEBEE . I am a baker, and am acquainted with the prosecutor—Inever saw him in company with Fletcher—I saw Fletcher at Queen's-square after he was taken, but not before. On the 11th of January
I was sent for to Mr. Cundale's, a little before twelve o'clock, and found Fletcher there—Mr. Cundale was in the room at the time—I asked Fletcher what he wanted—he said he wanted that villian, pointing to the prosecutor—I asked him what he came and kicked up a disturbance at the house for, why not take other proceedings if he wanted him—he said he would not go till he had him at Queen's-square with him—I advised him to go away, but he would not—I asked the prosecutor in Fletcher's presence what he came there about, and he said he had given Fletcher money at different times—he said at one time he gave him one sovereign and 5s.—Fletchersaid, "What did you give it me for?"—the prosecutor said, "To get rid of you, not thinking to hear of you again"—Fletcher said, "Do you think you would have given me the money if you had not done such a crime?"—Mr. Hunt, a friend of Mr. Cundale's, then came, in, and asked Fletcher what he meant by kicking up a disturbance, and extorting money from him previously—he said, "That villian is not fit to live," and called him all manner of bad names, and said he would not go without him—Mr. Hunt went and looked for a policeman, and when Fletcher saw that, he wanted to go—as soon as Mr. Hunt went to look out of the door, he was going—I asked him to stop a minute or two, knowing what my friend was about, and a policeman came and took him.
Fletcher. I never mentioned any money—how could you hear me mention any thing if you were not there? you said just now you never saw me and the prosecutor together. Witness. I meant never before I was called that evening—I went in hearing a person speaking violently in the prosecutor's shop.
WILLIAM ANNADALE (police-constable B 86.) On the 11th of January, about half-past twelve o'clock, a person named Hunt came and told me there was a disturbance at Mr. Cundale's—I went and saw Fletcher—Itold him it was on Mr. Cundale's charge that I apprehended him, and that he must come before a Magistrate with me—he said it was Mr. Cundale that ought to have been taken, and not him—he made use of bad expressions, and the crowd called Mr. Cundale bad names, such as a s—I took Fletcher to the police-office.
Fletcher. Q. Did not I give Mr. Cundale into custody to you first? A. No—you resisted going to the station—after I took you you said you gave Mr. Cundale in charge—that was after he had preferred his charge to me for extorting money—I cannot say exactly when Chittem was taken—I was not at Queen-square when he was brought there—I did not see him till the Friday following, to which day he was remanded.
The prisoner Fletcher called,
JAMES BUDD . I am waiter at the Unicorn tavern, at the corner of Duke-street, St. James's—I knew neither of the prisoners till the night I saw them together with the prosecutor—they had a glass of rum-and-water, a pot of half-and-half, a screw of tobacco, and a cigar, and were all very comfortable and friendly together—they left 4d. in my debt.
Q. Did Mr. Cundale run into your house to get out of the way? A. did not see them come in, my master served them first—the prosecutor
sat between the two prisoners—I do not believe the prosecutor smoked, but both the prisoners did.
Fletcher. The prosecutor said it was two cigars, and not tobacco.
FLETCHER— GUILTY . Aged 21.
CHITTEM— GUILTY . Aged 24.
Transported for Fifteen Years.
First Jury, before Mr. Recorder.
GUILTY . Aged 42.— Confined One Week.
MR. RYLAND conducted the Prosecution.
ALICE DUNCAN . I am a widow, and am the mother of Richard Duncan—welive together at No. 9, Rood-lane, Fenchurch-street—my son is clerk to Mr. Cutler, a wine-merchant—I know the prisoner—he came to our house in October last, and brought a letter, which my son has—I saw the letter, and the prisoner read it to me—I talked to him about Miss Malcom, of Boulogne, where I have a grand-daughter at school—he said he had brought the letter, and if my son had any thing to send, he should be soon returning to Boulogne, and he should be glad to take it for him—hetold me he had read the letter—he put his name, "Mark Salom," on it, and, I believe, his address, and that every thing was to be left in Dark-house-lane for him—the letter was given to my son directly he came home.
MARY MALCOM . I am single, and keep a ladies' boarding-school at Boulogne. In October last the prisoner called on me there, and said he came from the Lord Mayor of London to see about a little girl I had with me—he named the child—I had such a child—he told me the particulars about seeing the mother, and different things—I asked if he knew where the mother lived—he left, and came again, and said he had found the mother, and offered to take the child to London to her mother, and I agreed to send her by him—before he went I wrote a letter to Mr. Duncan, merely requesting him, in case the mother of the child should not be found, to take care of the child till I found her—the mother at that time was about 16l. in my debt—the prisoner asked me about it, and I said she had never paid me any thing, and I might mention the amount to him—I never received any letter from Mr. Duncan, or any order for the payment of money—I saw the prisoner again on the 1st of November, about a week after I sent the child—he had been to London and back—he brought me no letter or cheque—I had no conversation with him about any letter or cheque—I had sent a letter by him to Mr. Duncan, and I asked him for the letter I had addressed to Mr. Duncan, as he had not left the child there, but in care of another lady—he said, oh, he had taken the letter to Mr. Duncan—I said it was of no use, as it was merely to introduce the child to Mr. Duncan, in case he had not found the mother—I think he asked to see Mr. Duncan's child.
RICHARD DUNCAN . I live at No. 9, Rood-lane, and am clerk to a wine-merchant. I know Miss Malcom, of Boulogne—in October my mother gave me this letter—the prisoner called on me one morning early, after I received the letter—I was in a great hurry, going out—I had a conversation with him about the child of whom the letter speaks—I very
likely had some conversation with him about the letter, but I was in a hurry—my object in seeing him was to ask him to convey a letter for me—I commissioned him to take a letter for me, which I was to leave for him at Partridge's, in Darkhouse-lane—he was to take it for me to Miss Malcom—I wrote a letter, and enclosed in it a cheque on Messrs. Glynn of London for 6l. 14s. 5d., payable to Miss Malcom—I sealed the letter, and enclosed it with two others, and left it addressed to the prisoner in Dark-house-lane, according to the prisoner's direction—I left it in charge of the barmaid—I think it was Maria Partridge, it was certainly a female—I will not swear it was to Maria Partridge, because I saw two females at the bar—I gave it to one of them, and they are both here—I think this was from the 4th to the 6th of November—it was on the Thursday evening as I expected him to go by the packet on Friday—I called there again on the Saturday, and found the letter still there—I called again in the following week, and found the letter gone—the cheque now produced is what I wrote and enclosed in that letter.
Cross-examined by MR. PHILLIPS. Q. Do not you know it was not Miss Partridge you gave it to? A. I am not certain which—I do not know at this moment that it was not—I now think it was to the barmaid I delivered the letter, but I cannot swear which—I heard Miss Partridge examined at the police-office—I have since found I was wrong in saying I delivered it to her—I may have seen Maria Partridge before I went to inquire after the letter, I really cannot say.
MARIA PARTRIDGE . I am the daughter of James Partridge, of the Green Man and Bell public-house, Darkhouse-lane. The prisoner was in the habit of using my father's house—I recollect seeing a letter which was left there, addressed to Mr. Salom—it was rather a large letter, appearing to have two or three others in it—the prisoner afterwards came and asked for a letter, and I gave it to him—he opened it—he kept the letter, and what it contained.
Cross-examined. Q. How was the letter directed? A. I do not know, I only saw "Salom" on it—I do not know the rest—I believe there was something else on it—I do not remember whether it was "Mr. Salom"—agreat many people are in the habit of leaving letters at our house.
MR. RYLAND. Q. Was there any thing before or after the name of Salom, "Mr.," or "Esq."? A. I do not recollect—I gave that letter to the prisoner, and he kept it.
SARAH WADHAM . I am single, and am bar-maid to Mr. Partridge. Mr. Duncan came to our house, and left a letter—he gave it to me—it was directed to M. Salom, Esq.—it was a large letter—I put it on the shelf in the bar—I saw it there two or three days afterwards safe, and afterwards missed it from where it was—I asked Maria Partridge about it, and she said she had given it to him—I know the prisoner—he slept at our house repeatedly when he came from Boulogne—I never took in any other letter for him.
WILLIAM THOMAS . I am cashier at Messrs. Glynn's, the bankers. I paid this cheque on the 10th of November—I will not swear positively, but to the best of my belief it was the prisoner presented it—he wore mustaches then—he has none now, but it is my impression certainly that he is the man—he had a naval undress—I took notice of him at the time—I am not prepared to swear positively to him, but it is my belief he the man.
MR. DUNCAN re-examined. The prisoner wore mustaches when I saw him—I have not the slightest doubt of him being the man.
Cross-examined. Q. Who are you looking at? A. The prisoner—I did not point to the gentleman under the dock—that is the prisoner—I might be confused about it—that is the man—he slept in the house several times.
MISS MALCOM re-examined. He wore mustaches when I saw him at Boulogne.
GUILTY . Aged 23.
GEORGE HANCOCK . I am shopman to Charles George Ladensach, a linen-draper in the Minories. On Wednesday, the 6th of January, between eleven and twelve o'clock in the morning, the prisoner came and asked for some shirts at 4s. each, the same he had had some of before—he was showed some at that price by Reeve, another shopman, which he did not like—he was then shown some at 4s. 6d., of which he chose six—they were put apart for him—he then asked for some fancy shirts at 2s. 9d., the same as he had had before, he said, as they had worn so well, he would give Mr. Ladensach a turn again—he had not had any before to my knowledge—someof that sort were shown him—he chose three, which were put apart for him—he then asked for some fancy socks, and selected three pairs—he ordered them all to be sent to No. 6, in the Crescent, in the Minories, the bill to be sent with them, and he would pay for them there—he gave his name as Porter—Reeve wrote it down Potter, in mistake—the prisoner said it was of no consequence, they were to be sent within ten minutes or he should be out—he alluded to a party who we had served in the spring, who went out on board the Napoleon to Swan river; and he said since then he (the prisoner) had been to St. Jean d'Acre, and was wounded in three places—he pointed to three places, and a scar on his chin was one—he has such a scar—I can recognise it now—he bad not mustaches then—his bill came to 1l. 17s. 7 1/2 d.—I carried the goods home according to his direction, and took the bill with them—I inquired for Mr. Porter—I saw the servant, Mary Martin—she showed me into the back parlour, where I found the prisoner sitting—I laid the goods on the table, and gave him the bill—he then said he wanted some more of the coloured shirts, but the price was a long price for them—he would give me 2s. 6d. for some more—Itold him he could have some at that price, but not that quality—at last he said he would take three more at 2s. 9d. each, which he requested me to add to the bill—I did so, gave him the bill back again, and waited for the money—he said he would pay me when I brought the others, and I was to be back in five minutes, or he should be out—I left the goods there,
and went for the other shirts—I was gone about three minutes—when I returned with them I found neither the prisoner, the parcel, nor the bill—I was to have had the money or bring back the goods—I had no directions, but it is the rule of our business not to leave any thing without the money—ours is a ready money business—I left the first parcel without the money on being sent back for three more, and being told not to be gone longer than five minutes.
Cross-examined by MR. LUCAS. Q. Were you the person that served? A. No, Reeve did—he is not here—there was no one serving but he and I—I was close to him part of the time—I was serving other customers, but I was referred to about the goods, which were shown to the prisoner, and heard every word that was said—I have the management of the shirts—Reevemade out the bill, and I examined it—Mr. Potter's name was at the bottom of it—there was no name at the top—I gave the prisoner the bill at the house after adding the three shirts to it—I saw no more of him till he was at Lambeth-street police-office—my master never gives any credit—I have been three years in the employ, and never left a single article with strangers without receiving the money—we had never seen the prisoner before to our knowledge—Reeve, I believe, could not swear positively to the prisoner—I was not present when he was at the police-court.
MR. RYLAND. Q. Have you any doubt about the prisoner? A. Not the least—I swear positively to him, because I had some conversation with him in the room when I took the goods.
MARY MARTIN . I am single. I was living with Miss Quinlan, No. 6, Crescent, Minories—On Wednesday, the 6th of January, about noon, the prisoner came and asked what apartments we had to let—I showed them to him, and he agreed for the back-parlour and third floor bed-room—my mistress was not in at the time, and I did not ask him for any reference—he wrote something on a piece of paper, which my mistress afterwards gave to the policeman in my presence—this is it—"Mr. Porter, 2nd officer, barque Bolena"—the prisoner said he would go and order his luggage to be brought, and he would return and wait for it—he left, and came back in about half or three-quarters of an hour, and was shown into the back-parlour—after he had been there some time Hancock called with a parcel—heasked for Mr. Porter—(the prisoner had told me his name was Porter)—I showed him into the back-parlour where the prisoner was—Idid not go in—he was there about ten minutes, but I cannot exactly say—Idid not see Hancock go away—about ten minutes after I let him in the prisoner came to the top of the kitchen stairs, called to me, and said, "When that young man comes back say I shall be home in five minutes"—he then went out—I went to the front parlour-window, and saw him crossing the Crescent with a parcel under his arm—I did not look at the parcel which Hancock brought, and cannot say whether it was that—I went into the back-parlour after the prisoner had gone, and there was no parcel there then—he never came back.
GUILTY . Transported for Seven Years.
(There was another indictment against the prisoner.)
the 12th of January, between twelve and one o'clock in the morning, before day-light, Howard looked out of the window, and said the prisoner was outside in the road—Howard went down and shut the door, and returned to the room—I awoke about four o'clock and missed my watch, which bad hung at my head—Howard had returned to the room before I went to sleep, and the watch was ticking then—I went to the constable about half-past five in the morning and told him.
FRANCIS COOK . I am a policeman. On the morning of the 12th of January, Barnes came to me to complain—I found the watch at Mr. Burford's on the night of the 13th—I took the prisoner into custody at his grandmother's house at Bedford.
Cross-examined by MR. LUCAS. Q. When did you next see him? A. Before the Magistrate—I expressed a doubt of him then, for this reason, he was dressed differently—I said if I saw him in the same clothes, I should be able to identify him—the parties went to search his lodging for the smock-frock, but could not find one—the prisoner said where they might borrow one that I might see him in, and when I saw him in it, I recognized him—he had a short smock-frock on—there were two of them together—the other one wanted a glass put to his watch—he was rather shorter than the prisoner, but both were in smock-frocks—I said before the Magistrate that he was the man—the policeman had come inquiring for a watch in the mean time—I had not heard that the prisoner lived at Bed-font—Idid not swear to him till I saw him in the dress he wore—dress alters the appearance of a man—I am positive he is the man by his face and all.
JAMES HOWARD . I am a farmer's servant, living at Shcrborn—I slept in the room with Barnes—I got up early in the morning of the 12th of January—I came home from my club that morning, and saw Portsmouth out on the green as I came in, and in going into the house I told Barnes had seen him—I shut the door after me—Barnes's watch was then safe—theprisoner had slept in the room once—I fell asleep when I got to bed—thereis no fastening to the door—any body might come in.
Cross-examined. Q. Why were you not before the Magistrate at the first examination? A. I was at work and was not sent for—I never had any quarrel with the prisoner.
CHARLES BARNES re-examined. There is nothing but a latch to the door of the cottage—this is my watch—I remember the prisoner sleeping there the night after Christmas-day—the third person who slept in the cottage is a boy about sixteen years old.
NOT GUILTY .
THOMAS HALL . I live in Pleasant-place, Battle-bridge, and am in the service of James Cufflin. I had a pickaxe, with a handle to it, belonging to him in a stable in Cumberland-row, on Tuesday, the 22nd of January—Isaw the prisoners that day in the stable-yard—I missed the pickaxe on the following Thursday—I had not noticed it on the Wednesday—I applied to Clark, who gave me the head of an axe on Friday, which was the
head of the axe I lost—I know it by a bit broken off the end, but he mended it when he had it—the stable was not locked, and the handle of the pickaxe was loose when it was taken.
BENJAMIN CLARK . I live in North-place, Battle-bridge. On Tuesday evening, the 22nd of January, I was at the White Hart public-house, Battle-bridge, and saw the two prisoners come in with the head of an axe, they both had it in their hands during the time they were there, which was three-quarters of an hour—Ives asked me to buy it—I said it was useless to me, being broken—after a long time, he came and asked if I would give him 6d. for it, which I did—Bullock did not ask me any thing about it—I paid Ives for it—they came in together, and went out together directly I paid the 6d.—Ives said he had found it in the middle of the road—it was all over mud.
Ives. We stood out there—he came, and asked if we wanted to sell it; he said he had 4d., but we bated to 2d. Witness. I did not.
Bullock. I know nothing about it.
NOT GUILTY .
NEW COURT.—Thursday, February 4th, 1841.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 12.— Confined Five Days.
GUILTY . Aged 51.— Confined Three Months.
GUILTY . Aged 22.— Confined Six Months.
654. HARRIET HAWKINS was indicted for stealing, on the 14th of November, 2 sheets, value 5s.; and 2 napkins, value 6s.; the goods of Sir Samuel Thomas Spry, her master: also, on the 22nd of January, 1 handkerchief, value 6d.; 1 pair of stockings, value 6d.; and 5 towels, value 6s.; and 2 napkins, value 6d.; the goods of Sir Samuel Thomas Spry, her master; to both of which she pleaded
GUILTY. Aged 85.— Judgment Respited.
GUILTY . Aged 49.— Confined Six Months.
MESSRS. BODKIN AND ESPINASSE conducted the Prosecution.
JAMES HENRY HOPPE . I am a stationer, and live in the Strand. On the 16th of January, between five and six o'clock in the evening, the prisoner came to my shop for a quire of foolscap paper, it came to 1s.—he tendered a 5s. piece, which I saw was counterfeit—I kept him till a policeman came by—I marked it, and gave him in charge with it.
ARTHUR GARDNER . I am a hair-dresser, and live in the Old Jewry, On the 22nd of January, the prisoner came to my shop for a sixpenny pot of pomatum—I gave it him—he tendered a bad crown—I stopped him, and gave the crown to the policeman, and he marked it.
Prisoner. A gentleman sent me for the pomatum; I asked the witness whether the crown was good or bad.
MR. GARDNER re-examined. He said he was sent by his mistress, at No. 14, Ironmonger-lane—he did not ask me if the crown was good, but after I stopped him, he said, "Is it a bad one?"—I said, "Yes, and you know it very well"—I sent ray son to Ironmonger-lane, and there was no such person as the prisoner mentioned.
GUILTY . Aged 18.— Confined Six Months.
ELIZABETH DAY . I am the wife of Thomas Day, a cow-keeper, in Whitecross-street. On the 20th of January, about half-past seven o'clock in the morning, the prisoner came for a penny-worth of milk—she offered me a shilling, and I gave her change—after she was gone I looked at the shilling—I suspected it was bad, and put it into an egg-cup till my husband came home, at eight o'clock—it was kept separate from other money—I showed it to my husband, and put it into the egg-cup again.
Prisoner. You took a cup, and put all the silver out on the table, and my shilling among it. Witness. No, I kept it in my hand till I served some other person—I put it in an egg-cup by itself—it never was mixed with any other.
THOMAS DAY . On the 21st of January the prisoner came to my house, in the evening—she bought a penny-worth of milk, and gave me a shilling—atthat moment my wife came in, and said, "That is the woman who gave me a bad shilling yesterday morning"—I then looked at the shilling which she had brought me, and found it was bad—I fetched a policeman, marked both the shillings, and gave them to him—my wife showed that shilling to me on the 20th.
HENRY COOK (police-constable G 210.) I received these two shillings from Thomas Day—I took the prisoner—she said she lived in Brackley-street—Iwent to every house in that street, but could not find such a
name—I told her so—she said it was no use troubling myself, I should not find it.
GUILTY . Aged 45.— Confined Six Months.
MESSRS. BODKIN and LUCAS conducted the Prosecution.
CHARLOTTE MATILDA WHITE . I am wife of John Garrodd White, a baker, in Spitalfields. On the 28th of January, about half-past nine o'clock in the morning, the prisoner came in for 1lb. of bread—it came to 1 3/4 d.—she gave me a sixpence, and I gave her 4 1/2 d.—after she was gone I looked at the sixpence, which had not gone out of my hand—I saw it was bad, and I laid it under a bag of flour on the shelf in the shop—no one touched it—it remained there till Sunday morning, when the prisoner came again for a pound of bread, and paid me with a shilling—I saw it was bad—I called my husband, and a policeman was sent for—I told my husband, in the prisoner's presence, that she was the person who had given me the sixpence.
Prisoner. On the Thursday morning you threw the sixpence into the window. Witness. I threw it down aa there was a child in my arms—therewas some silver at one end of the window, but I swear it was not mixed with any other money.
THOMAS MALIN (police-constable H 74). I was called in on the 31st of January, and took the prisoner—I received this sixpence and shilling from Mrs. White—she marked them when she gave them to me—I found three good shillings on the prisoner.
GUILTY .* Aged 22.— Confined Nine Months.
NOT GUILTY .
660. HENRY BENJAMIN WILLIAMS was indicted for stealing, on the 20th of December, 1 3/4 yard of velvet, value 16s.; 2 1/2 yards of silk, value 12s.; 6 yards of calico, value 3s.; 2 pairs of gloves, value 4s.; 6 pairs of stockings, value 12s.; 2 scarfs, value 14s.; 41 yards of linen cloth, value 4l. 17s.; 2 handkerchiefs, value 1l.; and 6 1/2 yards of merino, value 2l.; the goods of Joseph William Rumball, his master.
JOHN HILL GATRELL . I am shopman to Joseph William Rumball, a liqen-draper in Oxford-street, the prisoner was his porter. On Sunday, the 3rd of January, while I was at dinner, the prisoner came and asked if I was going out that afternoon—I said I rather expected a friend would call for me about three o'clock, and then I should go out, and did not know what time I should be in—my friend came—I went out—I returned about a quarter before five o'clock—I was let in by the under-porter, who told me he heard some one in the shop—I went and got a policeman, and then I said aloud that I would go to Turnham-green, to fetch Mr. Rumball—I went, and on our return we found the prisoner in custody in the kitchen, and the policeman had got this property now produced—it is my master's—the prisoner was covered with soot, as though he had been up a chimney—the carpet had been torn up at the side, and the trap-door leading from the shop to the vault beneath was partly open—on many of these
articles there is the private mark—I was present when the prisoner's boxes were searched, and these things were found in them.
JOHN PARK (police-sergeant E 5.) I was passing the prosecutor's shop, and saw a policeman stationed on the window-shutter—I knocked at the door, and went into a back-cellar, where I found the prisoner escaping from a hole at the back of the front-kitchen—I took him into the kitchen, and kept him till Mr. Rumball came—I took him to the station, and then found this property in his box.
(The prisoner received a good character.)
GUILTY. Aged 25.—Recommended to mercy. — Confined Three Months.
PETER JONES . On the 12th of January, about eight o'clock in the morning, I went into a public-house—there were two policemen there, and the prisoner and another female—the prisoner went out, and I missed my cloak—she returned soon after—I accused her, and she said she knew nothing about it—this is my cloak—(looking at it.)
Cross-examined by MR. PHILLIPS. Q. I suppose you had just got up? A. I had not been in bed all night—I had been to the Hay market theatre—I left there about twelve o'clock—I then went to a friend's house, and staid about an hour—I did not drink there—I then went with a friend to a public-house—I cannot tell how long we were there—we merely had a glass of ale there—we then went walking about a good deal—I dare say we went to three or four places—I dare say we were twenty minutes in the house where I saw the policemen and the prisoner—I drank same purl there—I bad had ale, and a glass of wine, but no spirits—I bad not been at the prisoner's house, nor drinking with her or any other woman—I am a surgeon.
GEORGE WESTON (police-sergeant F 6.) I was in the station when the prisoner and Williams were brought in—the prisoner gave her address, No. 14, Phœnix-alley—I went, and she did not live there—I then went to No. 14, Wild-court, Wild-street—I knocked at the door—the landlady came, and I asked if a female named Thornton lived there—she said, "Yes"—I had the keys which were found on Williams—I opened the door of the room which the landlady said was the prisoner's, and found this cloak on the bed—the prisoner was the worse for liquor.
THOMAS PATTEN (police-constable F 137.) I was at the public-house, I saw Williams take two keys from her bosom, which she handed to Thornton—Thorntonthen went out, and returned in five or six minutes—the prosecutor then accused her of having his cloak—she said she knew nothing of it—we then took them to the station, and the keys were found on Williams.
Cross-examined. Q. Were you drinking there? A. Yes; we are ordered not to drink—the prosecutor was drinking with two of his friends—neitherof them are here.
WILLIAM WOODGATE (police-constable F 122.) I saw the prisoner and Williams come into the public-house, directly after the prosecutor, who took off his cloak, and laid it down—I saw Williams hand the keys to
the prisoner—then the prisoner went out and came in again—they were then accused and taken.
GUILTY . Aged 22.— Confined Three Months.
662. ANN STIFF and EMMA STIFF were indicted for stealing, on the 9th of January, 2 table-cloths, value 7s.; and 2 gowns, value 2l. 15s.; the goods of James Hawkins, the master of Ann Stiff; to which ANN STIFF pleaded GUILTY . Aged 17.—Recommended to mercy by the Prosecutor, who engaged to take her again into his service.— Confined Four Days.
JAMES HAWKINS . I am a surgeon, and live in Collet-place, Commercial-road. The prisoner Ann was in my service, and left on the 9th of January, after I was gone to bed—we lost two table-cloths and two gowns that day—Emma Stiff came to my house that day, and left before her sister—this is my property.
ELIZABETH NAYLOR . I live in Great Suffolk-street. I went to look for Emma Stiff—I met her in the Borough—she ran away—I caught her and asked if she knew any thing of the things which her sister had taken from Mr. Hawkins—she said she would tell me all about it—I went with her to Mrs. New's, who lives in a court in Bermondsey, where she said she had slept—I found these gowns and table-cloths there.
Emma Stiff's Defence. My sister told me she was going to leave—she gave me the bundle, and told me to stop on London Bridge till she came.
EMMA STIFF— NOT GUILTY .
ROBERT WAKEMAN . I am a pauper in St. Giles's workhouse, the prisoner was also a pauper there. On Saturday evening, the 8th of January, I lent him a key which would admit him to a place where my coat and waistcoat were—on the Monday morning I missed them—the waistcoat produced is mine.
WILLIAM FIELD (police-constable F 128.) I took the prisoner—he said he did it through distress—I found this waistcoat at a lodging in Charles-street, Drury-lane, where he had been lodging the night before.
GUILTY . Aged 50.— Confined Three Months.
664. MARY DYER was indicted for stealing, on the 9th of January, 1 umbrella, value 1s.; 3 cushions, value 3s.; 1 bolster, value 4s.; 1 pillow, value 1s.; 1 vallance, value 1s.; 12 yards of drugget, value 5s.; 2 lasts, value 6d.; 1 blanket, value 2s.; 12 pieces of wood, value 6s.; 1 basin, value 6d.; 1 iron bar, value 3d.; 1 poker, value 3d.; 1 sack, value 3d.; and 1 rug, value 3d.; the goods of Sir Burgess Camac, Knight—2nd COUNT, stating it to be the goods of Burgess Camac, Knight of Charles III. of Spain.
On the 9th of January, his goods were removing there from No. 49, Pall Mall—I was present when a cellar was broken open in Pall Mall, and these articles found there—they are his.
Cross-examined by MR. PAYNE. Q. You call your master Sir Burgess Camac? A. Yes, here is his direction he sent on a card—"Knight of King Charles III. of Spain"—this is what he is called—he is now ill in bed.
GEORGE STANFORD . I reside at No. 49, Pall Mall East. The prisoner was employed there by the Royal Botanic Society—in consequence of information, about seven o'clock on the 9th of January, I got a constable and opened the door of a cellar, where I found these goods—the cellar was let to the Botanic Society—the prisoner had the key of it, as their servant—the secretary has a key of it, but he left about four in the afternoon.
AMY JONES . I am the wife of William Jones; I live in the basement of Mr. Stanford's house. On the 9th of January, I saw the prisoner pass my window with a quantity of red drugget and a bolster—I afterwards asked her if Sir Burgess had given them to her—she said, "Oh yes, and a great many other things"—I saw her take the key out of her pocket and open the coal cellar belonging to the Royal Botanic Society.
Cross-examined. Q. Are you quite certain of what yon saw? A. Yes, I had known her seven or eight months.
(The prisoner received a good character.)
GUILTY. Aged 30.—Recommended to mercy by the Jury. — Confined Two Months.
ANNA TOMLING . I am in the service of Mr. Philip Sander. On the 18th of January, the prisoner came in to look at some lace caps—she said they were too dear—she went out, and returned in a quarter of an hour, and wished to look at some lace edging—I did not miss any net till the policeman brought it the next morning—this is it—here is the mark on it—I had not sold it.
ALLEN PIPE (police-constable H 51.) I took the prisoner on the night of the 18th of January—in searching her I found this card of net on her—shesaid she bought it in Holborn, and that she dealt in lace and net.
Prisoner. I was tipsy at the time.
GUILTY . Aged 30.— Confined Six Months.
JOHN FROST . I am a builder, and live in Mercer-street, Long-acre. The lead now produced is mine—it is part of a pump which was fixed down in Crown-court, Long-acre, where my shops are—I have compared it with what remains—it exactly corresponds—I have no doubt it is mine—Isaw it safe about five o'clock on the 23rd of January.
appeared to hold something heavy under his arm—I caught hold of him and said, "What have you got here?"—he said, "The owner of it is in here," having his hand on the door of a public-house—he went in—I went and asked the landlord if he knew any thing about it—he said, "No"—Ithen said the prisoner must go with me to the station—as we were going he said he saw a man carrying it, he sung out "Stop thief," and the man dropped it—he took it up, and was going to take it to the owner, who he thought was in the public-house.
Prisoner's Defence. A man who had on a white-flannel jacket, and a white apron, came to me and said, "I have a great suspicion of a man I saw in Long-acre"—I went, and we saw a man with the lead rolled up in a white bag—we followed him, he saw us, and dropped the lead—I took it up and went to the public-house before the policeman came and asked if it belonged to them.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Six Months.
EDWIN LEWELLIN . I am a cheesemonger, and live in Liquorpond-street, Holborn. On the 26th of January I missed two cheeses from the doorway of the shop—I ran out, and saw the prisoner and another man carrying a cheese on each of their heads—I am positive of the prisoner—I overtook him—he threw his cheese down, and the other threw his down, and ran away—I pursued the prisoner and took him—they had been watching about some time—this is my cheese.
Prisoner's Defence. I was coming from work; a man asked me to carry the cheese to the bottom of the street, and he would give me 2d.; I did so; a man told me to run across the road for change for sixpence, and 1 was going to get it.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Three Months.
669. WILLIAM PICKESS was indicted for stealing, on the 8th of January, 4 pieces of wood called cornice laths, value 10s., the goods of Elizabeth Milward and another, his mistress, master, and employers.
MR. PRENDERGAST conducted the Prosecution.
ELIZABETH MILWARD . I am a bedstead-maker, living in Clifton-street, Finsbury—I am in partnership with my son Edward—the prisoner was our apprentice. On Friday morning, the 8th of January, about eight o'clock, I came down stairs to breakfast, and left the prisoner at his bench in the shop on the ground-floor—in about five minutes I heard the street-door shut—I spoke to Newton, who I had left in the shop, about it—he said it was William—I went up—I found the prisoner—I asked where he had been, and where was the wood he took out—he said he had not taken any—I sent my son for a policeman, and gave him into custody for taking something out of the shop, I did not know what—about ten o'clock at night, Featherstone brought these pieces of wood, which are called cornice laths—Idid not see them in the shop when I went down to breakfast—they are worth 10s.—they are unfinished—I have a great many about—I am sure they are ours.
Cross-examined by MR. JERNINGHAM. Q. Are you a widow? A. Yes—Ihave five children, three named Milward, the others' names are Farley.
ALFRED EDGAK NEWTON . I am errand-boy to the prosecutrix. I was in the shop when my mistress went down to breakfast—the prisoner went to the fire-side, and took this wood from behind some other wood there, and put them into the entry, then opened the parlour shutters, and went out with the wood—he returned in about two minutes—I told my mistress—Iknow these two pieces of wood—there is a mark of glue on one.
Cross-examined. Q. How old are you? A. Turned fourteen—I know where I shall go if I tell stories.
JEREMIAH FEATHERSTONE . I keep a coal-shed near the prosecutrix's. On Friday morning, the 8th of January, about 8 o'clock, the prisoner brought these pieces of wood—I refused to receive them of him, but he persuaded me, and I took them in to remain there—in the evening I took the same pieces of wood to the prosecutrix.
Cross-examined. Q. He did not ask you to buy them? A. No—he said he would call for them in a few minutes.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy. — Confined One Month.
Fifth Jury, before Mr. Sergeant Arabia.
670. WILLIAM JONES was indicted for stealing, on the 12th of January, 2 spoons, value 10s.; 3/4 lb. weight of tea, value 6s.; 1lb. weight of cake, value 1s.; 1/2 lb. weight of beef, value 6d.; 1lb. weight of ham, value 6d.; 1lb. weight of beef, value 6d.; the goods of Richard Hare: and 1 handkerchief, value 1s., the goods of Miles Lockhart.
MILES LOCKHART . I am living on my own property. On the 12th of January I was at a party in Verulam-buildings, Gray's Inn, at Mr. Richard Hare's chambers—I missed my pocket handkerchief, and we found it in the prisoner's pocket—he was a temporary waiter there—the property stated in the indictment was likewise found—he said he was extremely sorry for what he had done.
RICHARD HARE . I have chambers in Verulam-buildings. On the night of the 11th of January I had a party, and on the morning of the 12th the property was found—I hired the prisoner as an occasional waiter from the Thatched House—this handkerchief was missed an hour or two previous to its being found on the prisoner—he said he was very sorry, and began crying—there were also found on him some tea and cakes and other things, and some cards—the handkerchief was the last thing found—heseemed to have nothing else, but what he had taken from the different tables—I had no doubt they were my property—the tea was in a paper with the name of my grocer on it—I lost some spoons, which have not been found—it is possible somebody else might have taken them.
CHARLES TOPHAM . I was at Mr. Hare's party—I saw the prisoner stoop down, and take a packet of tea—I suggested that the plate should be counted, and two spoons were missing—he was then searched, and these things found on him—the spoons had been safe before—I have no reason to suppose any other person could have taken them—I suspected him, and desired him to come and count the plate over—he refused, and did not count it.
in a bag belonging to him I found some tea, some cake, some ham, some oranges, and a pack of cards—I did not find the spoons.
Prisoner's Defence. I am very sorry; I was very tipsy at the time; I did not know of the handkerchief; I found it in the room, and thought it might be inquired for. I put it in my pocket, and should never have taken it from the house.
(The prisoner received a good character.)
GUILTY . Aged 20.—Recommended to mercy.— Confined Three Months.
JOSEPH GOODSON . I keep a poulterer's shop in Jermyn-street, St. James's. On the 28th of January the prisoner came into the shop, and went up to the shelf, he took the five pheasants by the neck, and ran out—Ifollowed, and saw him on the opposite side of the street—I never lost sight of him till I took him to the station—he dropped the pheasants at I was pursuing him.
Cross-examined by MR. PHILLIPS. Q. Had you ever seen him before? A. Not to my knowledge—he was never out of my sight—I was not more than ten yards from him—I was close behind him.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Three Months.
JOHN SADLER . I am a carpenter. I was at work for Mr. Bonnin in an empty house at Pelham-crescent, Brompton—on the 24th of December I locked up the house, and left this cramp there—I went there again on Monday morning, the 28th—the house was then broken open, and the cramp gone, which was Mr. Bonnin's—I am sure it was locked up safe when I closed the house.
ABRAHAM HUNT . I am a marine-store dealer, living at Chelsea. I bought this cramp of the prisoner for 2s.—I was not aware of the value of it—I sold it to Mr. Strickland for 8s.—sometimes we buy things, and lose by them.
Prisoner. I had been out of work for three or four months, and was distressed.
WILLIAM HILLIARD (police-constable V 111.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office— (read)—Iwas present at the trial—the prisoner is the person.
GUILTY . Aged 23.— Transported for Seven Years.
(There was another indictment against the prisoner.)
JAMES HARRISON . I am a printer, living in Great Queen-street, Lincoln's-inn-fields. On the morning of the 14th of January I was in Drury-lane—I saw the prisoner, and another person in his company, approaching me—I had a bundle under my arm, containing a shirt wrapped
up in a newspaper—when they came up I endeavoured to avoid them—they followed, and pushed me up against some shutters—I was detained till the shirt was taken from me by force by the prisoner—he endeavoured to make his escape, but I made an alarm of "Stop thief," and "Police"—thepoliceman came up, and took him in a court there within a minute—theshirt was dropped—I took it up, and followed—I know he is the same person.
JOHN PORTER (police-constable F 49.) About a quarter past one o'clock on that morning I heard the cry of "Stop thief," "Police"—I saw the prisoner with a bundle—I saw him drop it—I took him—the other person escaped.
Prisoner's Defence. I do not know any thing about it; I was very much intoxicated.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Six Months.
EMMA CORKEN . I am the wife of William Corken—we live at Hoxton. On the 26th of January I was in the parlour adjoining my shop—I saw a man come, and extend his arm, and take the calico—my girl went after him, and soon after returned with fourteen yards of calico, the prisoner was soon after taken to the station—the calico produced is mine.
HENRY RICHARD WARD . I am a surgical-instrument maker. I heard the cry of "Stop thief"—I was about 100 yards from the prosecutor—I ran, and saw the prisoner pass with something white under his arm—I pursued about 50 yards, he then dropped it—I still followed him—I never lost sight of him till he ran into the arms of a policeman.
BARNARD LAFFEY (police-constable N 50.) On the 26th of January I was on duty in Hoxton—I saw the prisoner near the prosecutor's shop—he then went to a public-house, and returned—I went on, and heard the cry of "Stop thief"—I turned, and saw the prisoner come down—I took him, and knew him to be the man.
Prisoners Defence. I am quite innocent.
GUILTY . Aged 25.— Confined Three Months.
675. WILLIAM WELLEND was indicted for stealing, on the 21st of January, 2 meat-stands, value 1s.; 2 metal cocks, value 6d.; 1 candlestick, value 1s.; 1 hammer, value 3d.; 1 bag, value 1s.; and 1 fork, value 3d.; the goods of Frances Millersh.
WILLIAM FLOOK (police-constable C 98.) On the 21st of January I was in Coventry-street, Haymarket, at half-past eleven o'clock at night—I saw the prisoner carrying a basket—I asked him what he had got—he said, some oranges he had brought from Kew—I found it contained these articles—Itook him to the station—he said the two brass cocks he brought to London from his master's, to get repaired, and he was going to take them bick next morning, the rest was his own; that his master was Mr. Mellersh, a coach-builder, at Kew-green.
service—he had not left me—this is my property—he had not given me any notice—he took this without my consent or my knowledge.
Prisoner. After I had been at work about two months, I asked the prosecutor to keep me on constantly—I brought down some things, in expectation of having a house there. Witness. He never informed me he was going to have a house there.
(The prisoner received a good character.)
GUILTY . Aged 42.— Confined Three Months.
MARY SMITH pleaded GUILTY .— Transported for Ten Years.
WILLIAM HAWES . I am a traveller to all parts of London. On the 29th of January, between six and seven o'clock in the evening, I was in Long-lane, Smithfield—Bane came and spoke to me, and wanted me to treat her to a pint of porter—I said I had no money—she still continued to walk along the pavement, took hold of my arm, and called the other prisoner up on my other side—we walked on for five or ten yards together, and then Smith chucked me under the chin, and drew the pin out of my scarf, and ran away—Bane had at that time hold of my arm—I left Bane, and ran after Smith—this pin now produced is mine.
JOHN BRAND (City police-constable, No. 229.) I was coming down the lane, and saw the prosecutor running after Smith—I took Smith, and the prosecutor said there was a second one with her, who had bold of his arm—I looked round—Bane was across the road, and was talking to two girls—I got her, and then, just as I got to Smith again, I saw her throw her hand out, and I saw this pin on the ground, by her right foot—I laid hold of both the prisoners—a man coming by took up the pin, and gave it me.
ANN BANE— NOT GUILTY .
EPHRAIM BENJAMIN . I am a clothes-salesman, and live in High-street, Bloomsbury. The prisoner had been in my service five or six months—on the 23rd of January I had a pair of trowsers on the counter—the prisoner passed by the counter, and went out on some errand—I missed the trowsers, and suspected her—these are them.
THOMAS AUGUSTUS ALDOUS . I am a pawnbroker. These trowsers were pawned with me, about eleven o'clock on Saturday night, the 23rd of January, by the prisoner and another person, for 2s.—I do not think it was the prisoner who pledged them, but I believe her to be one of the persons.
Prisoner's Defence. I did not take them; it was twelve o'clock, when I went out to get some potatoes, and the pawnbroker says we were there at eleven.
NOT GUILTY .
678. MATTHEW BUGLER was indicted for stealing, on the 21st of January, 1 candlestick, value 1s.; 1 blower, value 2s.; 11lbs. weight of pins, value 2l. 8s.; 5lbs. weight of candles, value 2s.; 144 hooks and eyes, value 9d.; 2lbs. weight of tin, value 2s.; 24 pin-cases, value 1s. 8d.; 4 quires of paper, value 2s.; 3 account-books, value 5s.; 31lbs. weight ofcopper wire, value 2l. 6s.; 28lbs. weight of pin points, value 2l. 6s.; and 2 drawers, value 2s.; the goods of George Madgwick Davidson, his master.
GEORGE HADDOCKS (police-constable G 40.) On the 21st of January I met the prisoner coming up Saffron-hill, with something heavy—I watched him into a marine-store shop—I went in, and asked what he had got in his possession—he said it was his own property—I said I was an officer, and wished to see it, and to know what he came for—he said, "On business"—I said, "What business?"—he would not explain his business—Iasked where he came from—he said, "From Whitechapel"—I opened the basket which he had, and found this wire and the other articles stated—I took him to the station—Mr. Penny, the inspector, recognised him, and said, "I am surprised at you"—the prisoner said, "I am sorry for it."
Cross-examined by MR. PHILLIPS. Q. Did not the Inspector say, "A respectable man like you to do this?" A. He did.
ALFRED DAVIDSON . I am the son of George Madgwick Davidson, a pin-manufacturer, in Gracechurch-street—I conduct the business for him. The prisoner was in his service for seven or eight years, as head porter, and had charge of the principal part of the goods—we bad confidence in him—I have no doubt this is my father's property, and the prisoner admitted it to be ours at the station.
Cross-examined. Q. Were you surprised at seeing him? A. Yes—Ihad been three or four times at the prisoner's house.
(The prisoner received a good character.)
GUILTY. Aged 41.—Recommended to mercy. — Confined Six Months.
(There was another indictment against the prisoner.)
BARTHOLOMEW SNOWDON . I am the father of John Parker Snowdon, a leather-seller, in Chapel-street. I was in his shop on the 25th of January—theprisoner came in—he went to an open bin, and looked out what he wanted, and, I suppose, put them into his pocket—he then went to another bin, and brought one piece of leather from there, and put it on the counter—my son came in, and I told him I thought the prisoner had got some leather in his pocket—he went and took these four pieces of leather from the prisoner's pocket—the marks are on this leather—it is not tomary for persons to put any thing in their pockets till it is paid for.
Cross-examined by MR. PAYNE. Q. When he put down the piece of leather he took out of the second bin, did he not ask for some kip? A. Yes—I was going to cut him some, and then my son came and found this—theprisoner said he was going to pay for them—he has dealt some time at my son's shop.
JOHN PAGE . I was in the shop—Mr. Snowdon took the leather from the prisoner's pocket, and asked him what he was going to do with it—he said, "To pay for them"—while Mr. Snowdon was gone for the policeman the prisoner pulled out this other piece from his pocket, and threw it on the ground.
NOT GUILTY .
680. GEORGE LEWIS, alias Charles Smith, was indicted for stealing, on the 2nd of January, 2 waistcoats, value 10s.; 1 pair of browsers, value 5s.; 1 shirt, value 3s.; 1 handkerchief, value 2s.; 1 towel, value 1s.; 3 studs, value 3s.; and I breast-pin, value 5s.; the goods of William Payne; and that he had been before convicted of felony.
WILLIAM PAYNE . I am a journeyman sweep, in the employ of Mr. Duck—the prisoner had been in the same employ—I lost my shirt and other articles from our sitting-room on the 2nd of January—they had been in a box which was broken open—I lost more things than are stated in this indictment—this is my shirt which was found on the prisoner's back.
WILLIAM CUMMING (police-sergeant D 3.) I went with Heselton in search of the prisoner—I found this shirt on his back—these studs and towel were found in the prisoner's room—the other things are not found.
(Property produced and sworn to.)
GUILTY . Aged 21.— Transported for Fourteen Years.
(There were three other indictments against the prisoner.)
GEORGE COOPER . I am horse-keeper at the Hats public-house, at Ealing. On the 23rd of January I placed my hat and handkerchief on the corn-bin in the passage—there was a fight between some labourers about half-past eleven o'clock at night—the prisoner was there—I missed my hat and handkerchief—I found my hat next morning.
Cross-examined by MR. DOANE. Q. When you got your hat was it not torn? A. Yes, all to pieces—I saw the handkerchief at the station, and it is mine.
NOT GUILTY .
682. WILLIAM YOUNG was indicted for stealing, on the 8th of January, 4 sovereigns; 16 shillings; 8 sixpences; 1 bottle, value 3d.; and 1 quart of gin, value 2s. 6d.; the property of Thomas Harris, his master.
ELIZA ALLBON . I live with my father-in-law, Thomas Harris—he keeps a public-house in York-place, New-road—the prisoner had been his potman for about eleven months. On the 8th of January he came to the bar, and asked me for change for a 51. note for Mrs. Whittington—I gave him four sovereigns, sixteen shillings, and eight sixpences, and he had a bottle of gin at the same time—he left without notice—we have lost the gin and all the money.
he said, "Yes"—I took him to the station—I asked him about tins money, and he said lie had rohbed his master—I made him no promise nor threat.
GUILTY . Aged 29.— Confined Six Months.
OLD COURT.—Friday, February 5th, 1841.
Third Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 14.— Whipped and Discharged.
684. JOHN HILL was indicted for stealing, on the 18th of January, 3 gowns, value 2l.; 4 towels, value 2s.; 4 night-caps, value 4s.; and 6 pairs of stockings, value 3s.; the goods of Ann Hall, to which he pleaded
GUILTY . Aged 16.— Confined Three Months.
WILLIAM EDWARDS . I am a policeman I met the prisoner in the next street to the prosecutor's, and about two hundred yards from it—I suspected, and followed him—he went to the prosecutor's shop—I saw a boy, who was with him, pull the lamp out of the shop, and give it to the prisoner—they both ran off together with it—the boy made his escape—I took the prisoner with the lamp in his hand.
(The prisoner received a good character.)
GUILTY . Aged 34.— Confined Two Months.
CHARLES MILES . I live at Hanwell. On the 20th of January, at ten o'clock at night, I saw the stockings hanging up in the yard, in an outshed, where I keep tools—in the morning it was broken open, but I missed nothing from there—there were footmarks on the snow, which were afterwards compared with the prisoner's shoes, and they corresponded in every particular—he lives at Southall.
Prisoners Defence. I found the stockings lying in a ditch by the side of the road, about two hundred yards from the prosecutrix's.
GUILTY .† Aged 33.— Transported for Seven Years.
CHARLES EAST . I am in the service of Peter Pige, of Church-street, Becthnal green. On the 21st of January, between ten and eleven o'clock in the morning, from information I received, I went out of the shop, and saw the two prisoners, about thirty yards from it, running away together—Ipursued them—I passed King, and followed Birch—he ran up and down several streets—at last he entered a house, ran up stairs, and was concealing himself behind the door when I entered the room, seized him, and he dropped the trowsers at his feet—I took him to the station—he resisted—Ihad a struggle with him—he struck me, and I had a black eye, which I carried for a fortnight.
MARY MATTHEWS . I keep a stall near the prosecutor's shop—I saw the prisoners walking backwards and forwards together, from ten to eleven o'clock—I then saw them run past in company together, and Birch was carrying the trowsers in his lap in an apron.
I am a policeman.
I took King into custody.
BIRCH*— GUILTY . Aged 20.
KING*— GUILTY . Aged 20.
Transpoted for Seven Years.
Before Mr. Justice Coltman.
688. WILLIAM SNELLING was indicted for feloniously forging, on the 1st of January, an order for the payment of 50l., with intent to defraud Henry Bosanquet and others.—2nd COUNT, for uttering the same, well knowing it to be forged.
MR. BALLANTINE conducted the Prosecution.
CHARLES SCHOFIXELD . I am cashier at the branch of the London and Westminster Bank in High Holborn. Mr. Pinniger banks with us—on the 1st of January, about ten minutes before five o'clock, the prisoner presented the 50l. cheque now produced, purporting to be signed by him—theprisoner had been in the habit of coming to the bank, and I knew him before—I gave him a 20l. note and thirty sovereigns—something about the cheque attracted my attention, and I showed it to Mr. Ewings, the manager, who requested the prisoner to write his name on the cheque—hewrote William Thompson—I did not know his name at that time—hedid not say what he was—he was taken into custody about a fortnight afterward.
Cross-examined by MR. PHILLIPS. Q. Can you tell how he was dressed? A. Not exactly—he had a great-coat on—I cannot tell the colour—I showed the cheque to the manager, as I noticed a difference in the signature, but he thought it was genuine.
Q. Did you not see the prisoner after, that before he was apprehended? A. Yes, I went to Mr. Pinniger's office, and saw him, and he had an opportunity of seeing me there—he was apprehended next day or the day after—he could have absconded during that time—he was apprehended at his master's office—I only went there once before he was taken, when I went I asked him if Mr. Westmacot was at home—(the firm is Pinniger and Westmacot)—he answered me—I said nothing more to him—I said nothing about the cheque—I took the number of the 20l. note.
MR. BALLANTINE. Q. How long altogether was the person at your banking-house? A. He must have been there five minutes—I do not recollect having more conversation with him than asking how he would
have the cheque cashed—the account with us is only Mr. Pinniger's—thereis no regular time to make up his book—his book was sent in, and then the prisoner was apprehended.
WILLIAM EWINGS . I am manager of the Bloomsbury branch of the London and Westminster Joint-stock Bank. Mr. Henry Bosanquet is a shareholder and trustee—on the 1st of January Mr. Schofield showed me a cheque—my attention was very particularly directed to the person who brought it—it was the prisoner.
Cross-examined by MR. DOANE. Q. Did you see him long? A, Several minutes—the gas was lighted—it was as near five o'clock as possible—Ihad some conversation with him—I do not think there was any body else there to receive money—I may have mistaken one person for another in my time, but have no recollection of it—I am certainly not mistaken on this occasion—my attention was particularly drawn to him by the cashier—he wore a hat and a brown great-coat.
JOHN PINNIGER . I am a solicitor, in Gray's-inn. On the 1st of June the prisoner was a clerk in my employ—I have an account at the London and Westminster Bank—the cheque produced is not my hand-writing, no part of it—I gave nobody authority to draw it—I have never seen the prisoner write, although he is my clerk.
SAMUEL SHUTTLE WORTH . I am principal clerk to Mr. Pinniger, and am acquainted with the prisoner's hand-writing—I believe the body of this cheque to be his hand-writing, and this endorsement, "William Thompson," I believe to be his also—I am perfectly well acquainted with his hand-writing—he was not at the office on the 1st of January at all—his salary was 15s. a week.
Cross-examined by MR. DOANE. Q. What do you say of the signature? A. If it was presented to me I should say it was not Mr. Pinniger's—the letters P in are like his; the rest is not so—I cannot say whether it is the same writing as the body of the cheque—it is an imitation—it is very dissimilar, and there is certainly a difference in the colour of the ink—the indorsement is a similar hand-writing to the body—it is the same style of penmanship, in my opinion—I do not think it dissimilar in any respect—itis the prisoner's ordinary hand-writing—there is no disguise about either the body or the endorsement.
Q. Have you ever made a mistake about the prisoner's hand-writing? A. I may have done so in a short endorsement coming under my observation—Ido not remember any particular case, but in the hurry of business I may have done so—I have no recollection of such a circumstance, but will not swear I have not.
THOMAS FROOME . I am a tailor, and live in High Holborn. On the 2nd of January the prisoner gave me an order for clothes—I saw him again about three or four days after, I cannot say the date exactly—he gave me an order for clothes—he paid me 6l. 1s. in gold, on the 2nd of January, and 3l. 10s. the other day—I have since seen a great-coat, which I sold him.
GEORGE WESTON (police-constable F 6.) On the 15th of January the prisoner was given into my charge—I showed him the cheque, and told him what I took him for—he denied all knowledge of it, and said it was not his hand-writing—I had received the cheque from Mr. Ewings, and have produced it to-day—I searched the prisoner's house, and found some clothes, which I produce.
MR. EWINGS re-examined. I have stopped the 20l. note at the Bank, but have not had any notice of it yet.
MR. DOANE. Q. Had Mr. Westmacot an account at your bank? A. He had.
MR. DOANE called the following witnesses for the defence.
ANN CUSHION . I am the prisoner's grandmother. He lived with me at No. 2, Charles-street, Camber well New-road—I remember New Year's-day—on that day the prisoner staid at home all day—he never went out till after five o'clock at night—we had tea at half-past four—I believe it was that time when we sat down to tea—he took tea with me, and left about half-past five, as near as I can guess—I have a clock at the foot of my stairs, just before the door—I always keep it right within a minute or two, as two young men go to work in the morning—I heard it strike five while getting our tea—Mary Wright Cushion, my daughter-in-law, has a room in my house, and was at home all day—she came to our door while we were taking tea, and saw me and the prisoner there—the prisoner had not a great coat at that time.
MR. BALLANTINE. Q. How far is your house from Camberwell? A. About half a mile from the Green, and between two and three miles from Holborn—I did not know the prisoner was charged with uttering a cheque till the officers came on Friday evening—he was then in custody—as far as I recollect it was the Friday fortnight after—I usually take tea about half-past four—we always wait for the milkman, who never comes till after four—the prisoner does not usually come from the office till ten—I believe he was paid weekly, but cannot say—I never heard what time he was charged with being at the banking-house till the officer come—he came on Friday and on Saturday—I knew of my son being examined, but was not at the office, nor did Mrs. Wright go.
Q. When did you first tell any body it was not till half-past five o'clock that the prisoner left yon? A. I told the policemen when they came the first time, that he did not leave till half-past five—I had not then heard the time he was charged with passing the cheque—I did not tell the officer he left the house at four, or soon after—when he first came he asked what time my grandson left on New Year's-day—I said, as near as I could recollect, that it was half-past five—I said I persuaded him not to go out, as it was after five, but he did go—I did not tell the policeman it was four, or a little after—I cannot say whether it had gone ten when the prisoner returned—he came home about ten—he did not say where he had been, I did not ask him—I have not talked with Mrs. Cushion about this particularly—we both knew the time he went out—the first conversation I had with her about it, was when the policeman came on Friday—she came into the room while he was there—my son was examined at the office next day, Saturday—the policeman had come between six and seven on Friday evening—he said the prisoner had been at the banking-house, at I think three minutes to five—Mrs. Cushion remained in the room the whole time the policeman was there—I was too full of trouble to say what conversation we had after he left—we might talk about what a pity it was he went out, or so—we both knew he did not go out till after five, and said he did not go out till after the time the policeman said he was at the Bank—she said, "Why, mother, I heard you talking to him after that time"—I said, "Yes, what a pity it was he went out at all"—I wanted to persuade him not to go, and he said, "I am not going
far, I shall not be long"—they never told me there was any occasion to go to the office to state this—I did not know I might go, and I did not think any thing about it—I did not know what to do—the policeman never told us to come—I was there the day he was sent from Tothill-fields, on Saturday, not when he was before the Magistrate—I did not know I could go, or I would not have neglected any thing—but I did not know it would be of any service to him—I thought it my duty to come today.
Q. Have not you seen the depositions against him? A. Yes, I saw what the solicitor brought last Sunday to my house—he brought a statement of what the witnesses had said against the prisoner—the hour was mentioned in that statement—he showed it to us both—my daughter-in-law and I were together—I remembered the time he went out before that—thesolicitor did not ask what time he left, that I know of—I told him myself, before I saw the written statement I think—I only saw it in his hand—he did not read it to me, nor did I read it—I cannot read correctly—heread the hour—I had not told him before that the time the prisoner left, nor had my daughter-in-law.
MARY WRIGHT CUSHION . I am the witness's daughter-in-law. I live in the same house, but in a different room, up stairs—I saw the prisoner there on the afternoon of New Year's-day—I wanted the milk—I looked at the clock in my room, and it was a quarter-past four o'clock—I set the tea-things, and then the milkman came—I did not look at the clock after that—it might be five minutes after I looked at the clock that the milkman came—I came down stairs and went to the front-door, to take in the milk—mymother-in-law's room is the back-parlour—her door was open, and I saw her and the prisoner—I stopped about a quarter of an hour, talking to his grandmother at the door, and then went up to my room—I did not see the prisoner after that—I left them there—my mother-in-law was setting the things, putting the tea-board down, and putting the tea-things on.
MR. BALLANTINE. Q. Did you see any thing more of the prisoner that night? A. Not that night—that is the usual time they take tea—themilk sometimes comes at a quarter-past four o'clock, sometimes at half-past—Idid net know of this charge till the officer and banker's clerk came—I was not in the room when the officer came—he had been some time in the house before I saw or heard of him—this was on the Friday that the prisoner was taken—I heard a noise in the bed-room, went down, and came up again—I did not know what it was—I returned in three or four minutes, heard my mother-in-law say, "Oh dear!" then went down to see what it was—I found the clerk and policeman in the prisoner's bed-room—Iremained there till they went away—immediately after they were gone my mother-in-law said, "Oh, my poor boy! he never can be guilty of this"—she mentioned before the officer and clerk the time William went out on New Year's-day—she said it must be half-past five—I did not stop down stairs long after they left—I do not recollect that any thing was said about the time after that—there is a clock in the passage, near Mrs. Cushion's room, and one in my room—mine was quite right, I know, as I hear St. Paul's strike at night.
Q. When did you first state to any body that it was a quarter-past four by your clock? A. I do not recollect saying it to any body but the gentleman who called last Sunday, the prisoner's attorney—he had something written in his hand—I think he read it over to us—I now recollect that he did—it
mentioned what was sworn against the prisoner—he directed my attention, to the hour the cheque was presented at the Bank—this was in the presence of my mother-in-law—I then said it must be half-past four, to the best of my opinion, when I took in the milk; I have no doubt of it—I did not look at the clock when I returned up stairs, that I recollect—it was quite dark when I went up stairs—my clock generally agrees with Mrs. Cushion's.
JURY. Q. Did you ever see the prisoner wear a great coat? A. I have seen him wearing a great coat—he had not his great coat on that day, nor his boots or hat when I saw him—I do not know whether he bad a great coat on New Year's-day.
MR. BALLANTINE called
GEORGE WETON . I am a policeman. I went with Mr. Schofield to take the prisoner into custody—I asked his grandmother at what hour he left on New Year's-day, on the first day I went to search his box—she said he left between four and five o'clock—I went again a day or two after for his clothes, and asked her if he was ill on the 1st of January—I told her he had written to his master, to say he was ill, and could not come to his place—she said the prisoner bad told her he had leave from his master that day—I asked if she was positive of the time he left that day—she said to the best of her recollection it was a little after four.
MR. DOANE. Q. She said to the best of her recollection? A. Yes, Schofield was not with me the second time.
JURY to MRS. CUSHION. Q. Had he a great-coat on New Year's-day, when he went out? A. No, he had none in his possession at that time.
GUILTY . Aged 17.— Transported for Ten Years.
Before Mr. Justice Coltman.
689. WILLIAM SEARING was indicted for unlawfully, maliciously, and feloniously assaulting William Atkins, on the 3rd of September, and cutting and wounding him on the left-side of the bead, with intent to do him some grievous bodily harm.
WILLIAM ATKINS . I am a policeman. On the 2nd of September two men had been fighting in a field at Tottenham Hale—I took one of them, and was taking him to the station, the prisoner jumped out of a field, over a ditch, hit me a very severe blow on the neck with his fist, told me to let the man go, and rescued him from me—they both got away—on the 3rd of September I went in search of the prisoner, and found him at the Reservoir, near Lordship-road, at work—I said, "My gentleman, is this you?" and said I wanted him, and took him into custody—I did not say what I wanted him for—he resisted very much, by pulling strongly against me—helaid hold of the arm I held him with, and tried to twist his collar out of my hand—I drew my staff, and said he had better offer no more resistance but come along quietly, or he migbt get hurt—he then came with me about ten yards without resistance, then asked me to allow him to have his clothes—I said I would take care of them—he asked a second time for them, and I led him back for them—he took them in his arms, and said if I would let go of him he would walk quietly with me—I then let go of him, and put my staff in my pocket—he instantly threw his clothes down, and made a kick at my privates, but it did not take effect, it passed between my legs—he immediately caught me round my body and threw me down, then gave me a severe blow on the nose with his clenched fist—he gave me a
severe kick over the eye, and another in the jaw, then tried to spring with his knee on my stomach, but did not succeed, as I drew my legs up—I then tried to get hold of his legs to throw him down—in doing so he drew my staff from my pocket, gave me a blow over the head with it, and another on the back of my head, then went before me and beat me across the legs with it—he then went away with my staff, saying he did not care if he got six months, he had given me a good licking—I got up, but could not stand—Ifell down—I got up when I came to myself, and saw him walking away with my staff—nobody came to assist me—I went to a doctor—my head bled very much—I kept my bed for eight days, and did not go on duty for fifteen days—I felt the effects for a month.
Cross-examined by MR. PAYNE. Q. Was any body present when this took place? A. No, I did not call for assistance, I only drew my staff—I did not strike him at all—I told him he might get hurt if he resisted any more—he was working alone, filling a boat with mud—his clothes were on the grass—I saw him strike me on the head with my staff, and inflict the blows with it—I did not strike him at all, but held him from ill-using me—Isaw nobody to call to for help—my sergeant had gone with me, but went another way when he got within three hundred yards of the spot, when he saw the party run—it was some of the party that had been in the field the day before—they went away when they saw us coming, but the prisoner went on working—the other policeman took a different direction to me, and went to meet the men that ran away, and I went after them to drive them into bis hands—I am certain the prisoner is the man—he was not taken till the 25th of January.
COURT. Q. On the 2nd of September, after he rescued the man from you, you were looking after him? A. Yes, he was going across the fields, and I following after him, expecting to meet another constable, but did not, and he got away—I had a good opportunity of seeing him—I was quite close to him—I never lost sight of him for an hour—it happened abont three o'clock, and I followed them till four, and later—he had a good opportunity of seeing me, as well as me of seeing him—on the 3rd, when I apprehended him, I saw three persons run away, who had been with him.
WILLIAM STRANKS . I am a police-sergeant. I went with the prosecutor to look for the man who had been rescued the day before—we went to Lordship-road, and saw four men on the bankside—the bank has a road on each side the reservoir—I thought they might make off different ways, and sent him one way, and I went round the other to meet them—I did not see this happen, but when I got round to the side of the reservoir they were all gone from where they were at work—I ran on, and when I got to where I bad seen them at work, I saw several spots of blood on the grass—I went and found the prosecutor bleeding very much from wounds across the back of his head.
WILLIAM BERNARD ROBINSON . I am surgeon to the N division of police. I saw Atkins on the afternoon of the 3rd of September, and examined his wounds—I found a wound on the left-side of the head, two or three inches long—it had been dressed before I saw it—I examined it next morning, and found the skin broken for about two and a half inches long—therewas another wound on the top of the head at the back part—the skin was broken twice, about three quarters of an inch, or an inch long—there was a mark over the eye, on the brow, it was merely an abrasion of the skin,
and a severe kick at the angle of the jaw, but the skin was not broken—hewas a good deal bruised about the shins—he suffered a good deal from the wounds—he had great difficulty in opening his jaw—he was confined to his bed seven or eight days—he was fifteen days under my care, and then I considered him fit for duty—I apprehended that erysipelas might arise from the wound, and then it might have ended fatally—there was a little symptom of the puffiness.
Cross-examined. Q. I believe you told him it was for a row with a policeman at Kingsland, and he said he knew nothing about it? A. Yes.
(The prisoner received a good character.)
GUILTY of an Assault only. Aged 26.— Confined Six Months.
Before Mr. Justice Williams.
690. LOUIS FREDERICK RIVOUX was indicted for stealing, on the 29th of December, at St. Martin-in-the-Fields, 6 forks, value 5l.; 13 spoons, value 7l. 15s.; 2 watches, value 3l.; 1 neck-chain, value 8l.; 1 watch-key, value 1l. 10s.; 2 brooches, value 3l.; 2 pairs of earrings, value 3l.; 3 pairs of stockings, value 1l. 6s.; 1 ladle, value 1l. 10s.; 1 box, value 2s.; 20 sovereigns, 1 20l. Bank-note, 1 5l. Bank-note, and 1 5l. promissory-note; the property of John Baptiste Rosseaux, his master, in his dwelling-house.
JOHN BAPTISTE ROSSEAUX (through an interpreter.) I am a trunk-maker, and live in the Strand—I have lived there six months. The prisoner was in my service from the end of June to the 29th of December, when he left—I had found him at Boulogne, and he offered his services—I took him, not knowing the English language myself—he slept and boarded in my house—he had all he wanted, but no fixed wages—he went away between three and four o'clock on the 29th of December—I did not know he was going—I was in the water-closet when he left—I had been about five minutes without seeing him—when I returned to the shop, I was very much surprised at seeing the parlour cupboard open, which had been locked before, and I had the key in my pocket—the lock was not broken—Ido not know how it had been opened—the prisoner was gone, and I missed my box, containing the money and articles stated, which are worth about 120l.—I have not recovered any thing but the 20l. Bank-note, and twelve sovereigns—I saw the 20l. Bank-note six or seven days afterwards—the name of Barclay was on it when I missed it—when I saw it again there was another name on it, which was not there before—the note now produced is it—it has the name of Barclay on it, which I mentioned before it was found, and here is the other name on it, which I think is in the prisoner's hand-writing—I have seen him write a great many times, and believe it to be his—about a week after the robbery I found the prisoner at Portsmouth, in custody—the day before the prisoner went away, I surprised him just in the act of opening the box—I took it from him, and searched him, but he had nothing on him—the box was open in his hand—an hour before he left I opened the box to take a sovereign out, and found every thing safe.
Cross-examined by MR. PHILLIPS. Q. Have you any partner? A. No—when I took him he said he had no father and mother, but I have since heard that he has—he left his father five years ago.
20l. note was paid into the Bank on Tuesday, the 29th of December, from half-past four to five o'clock—I know the time by an entry in the book which I made, and have here—I recollect the circumstance perfectly—here is the name, "Albertis, No. 20, Mark-lane," on it—it was on it when presented to me—I do not know to whom I gave change for it.
JOHN ASTRIDGE . I am an inspector of police at Portsmouth. I saw the prisoner there on Sunday evening, the 3rd of January, about half-past seven o'clock, in the High-street, on horseback, very much intoxicated—Ihad him taken to the station—in about a quarter of an hour I questioned him at the station—he was able to answer—I asked who he was—he said, a gentleman lodging at the Fountain inn—I told him to take his gloves off, and his hands appeared like those of a working man—I said be had not been long a gentleman, and asked what he had about him—he said he had some silver—I found 14s. in silver in his waistcoat pocket—he said that was all the money he had—I made further search, and in the fob of his trowsers found twelve sovereigns, wrapped up in two separate pieces of paper, seven in one and five in another—I locked him up for some hours, and I saw something in the "Hue and Cry"—when he was sober I took him out of the cell, and asked his name—he said, "Charles Bright"—I asked where he came from—he said, "From Brighton"—I asked his business—hesaid he was a saddle and portmanteau maker—I asked who he worked for—he said, for Mr. Rosseaux, of Brighton—I asked what street Mr. Rosseaux lived in—he said, the main street, called High-street—I asked if he knew Mr. Rosseaux, of the Strand, London—he said, "Yes"—Isaid, "Did you ever work for him?"—he said, "I worked for him about two years ago, but not since"—I took all his clothes off, and he asked if I was searching for Bank-notes—I said, "Yes"—I asked if he knew any thing of Mr. Rosseaux's property—he said no, he did not—I asked how he came in possession of these sovereigns—he said he had had some words with Mr. Rosseaux on Sunday, the 27th, and left him, and going up Oxford-street late on Saturday night he picked up twenty sovereigns, wrapped in the corner of a handkerchief—I went to No. 20 and No. 24, Mark-lane, and there was no such person as Albertis living at either numbers.
GUILTY . Aged 18.— Confined Two Years.
Before Mr. Justice Coltman.
691. JAMES HOWARD, alias Gabriel , JAMES ELLIOTT , and PHILIP EDY were indicted for feloniously breaking and entering the dwelling-house of John Ballantyne, on the 9th of January, at St. Andrew, Holbora, and stealing therein 6 handkerchiefs, value 30s., his property: and that Howard had been before convicted of felony.
MR. BALLANTINE conducted the Prosecution.
JOHN EATON (police-constable S 193.) I was with another constable in plain clothes in Tottenham-court-road on Saturday evening, the 9th of January, and saw the three prisoners together, walking and talking together—Iknew Howard and Edy by sight before—I watched them down Tottenham-court-road, and St. Giles's, into Holborn, till they came to Red Lion-street—they went through Gray's Inn-passage into Bedford-street, remaining close together all the time—they were looking into the shop-windows, more particularly jewellers and linen-drapers—I had an opportunity while watching them to observe Elliott—when they got to Bedford-street I saw them pass the prosecutor's shop-window two or three times,
looking in at the door and window—I saw them speak to two boys—they were all together, but Howard spoke to the boys—they seemed strangers to them, and the boys went a little distance, as if they were watching for them—the three prisoners all went to the prosecutor's shop-window close together—I saw Howard at the square of glass—the other two were close to him—I saw Howard doing something at the square of glass, but I could not see what, and in two or three minutes I saw them all three come away from the window—Howard appeared as if he was putting something in at the side where the putty was—after they left I saw Howard go directly opposite the window, and pitch some glass in the road—it made a great noise, and sounded like glass—at that time the policeman ou duty in uniform was coming along, and the prisoners walked away towards Gray's Inn-passage—we spoke to the policeman, and he kept out of the way—we went round in different directions, and when we got back found they bad gone to the window again, all three were round it—the shop is two or three houses from Gray's Inn-passage—I went up, tried to seize Howard, and at that moment he threw some silk handkerchiefs on the pavement, which I produce—I tripped him up just as he got across the road, and after some resistance secured him—he tried all he could to kick me, saying, "You b—, if you don't let me go I will kick you"—I took him into the shop—the handkerchiefs were picked up by the shopman—theother two prisoners ran away—while I was in the shop Elliott was brought in by the other constable—I knew him again—I saw Edy in custody on Monday, the 11th—after coming from the station in about three quarters of an hour I looked on the road, and found two pieces of glass broken—it was the same description of glass as the window, which was broken large enough to admit a hand.
Cross-examined by MR. HUDDLESTONE. Q. How many boys were there about the place at that time? A. Two—no more—they were away from the window when we took the prisoners—I suppose they ran away—the boys did not go the window at all—there are two courts, and one was placed at the end of each court—I saw the boys after the window was broken, lower down than the shop—I do not know whether they walked or ran away—I did not see them afterwards—my brother constable saw them as well as me.
JAMES HERSEY (police-constable S 144.) I was in plain clothes, in company with Eaton, on Saturday evening, the 9th of January, and saw the three prisoners in Tottenham-court-road—I watched them through different streets, till they got to the prosecutor's shop—I then saw Howard put his hand to the window, go away, and throw something down in the road—they were all together at the time—another policeman then came up—I went round and met them in another street—when I returned they were all three at the window—I had, before that, seen them speak to two boys—I was on the opposite side, not with Eaton—I saw them all at the window, and Howard was taking the handkerchiefs out—they all stood close together—Eaton went up, and seized Howard—Elliott ran away—Iwent after him, and caught him in Bedford-row, without losing sight of him—I brought him back to the shop, where I found Eaton with Howard.
Cross-examined by MR. PAYNE. Q. What time did you begin to watch them? A. About half-past six o'clock we first saw them—it was just before eight when they were at the prosecutor's shop—I had been watching them all that time, and had been nearly close to them all the way—I
was standing about three doors above the prosecutor's when I first saw them at the window, near Gray's Inn-passage—Elliott stood nearest to me, I cannot say which was next—I was standing in a line with them—not all the time—I was standing on the opposite side when they took the handkerchiefs out—Elliott was nearest to me then, they kept turning backwards and forwards from the window—I followed Elliott up Gray's Inn-passage, along Red Lion-street, down Princes-street, into Bedford-row—therewere three corners to turn, but I was not above six yards behind him—when I laid hold of him, he said, "What do you want with me; what have I done?"
Cross-examined by MR. LUCAS. Q. Did you see Edy take the hand-kerchiefs?—A. No—he was in company with them—I saw no one in the street at the time, but the prisoners and the two boys.
Cross-examined by MR. HUDDLESTONE. Q. Where were the boys? A. One was near Gray's Inn-passage, and the other at the end of a court I do not know the name of—I do not know where they were when the prisoners were taken—I did not look for them—I was standing on the opposite side—I did not notice how many people were in the street—several were passing up and down—the boys were gone when the handkerchiefs were taken—I did not see them then—I was looking at the prisoners.
JOHN FRYER (police-constable E 118.) I met Eaton and Hersey on Saturday evening, the 9th, near the prosecutor's shop—they pointed out the three prisoners to me, and I went out of the way at their request, that I might not be observed—I am positive the prisoners are the persons—I saw no part of the transaction.
Cross-examined by MR. PAYNE. Q. How long were you there before you went out of the way? A. Two or three minutes—I went through Gray's-inn-passage, and met the other two constables at the other end.
Cross-examined by MR. HUDDLESTONE. Whereabout did you first meet the two constables? A. Within three or four doors of the prosecutor's, at the top of Bedford-row—at that time I saw the prisoners, and could be seen by them.
HENRY RAMSDEN . I am in the service of John Ballantyne, hosier, No, 18, Bedford-street, Bedford-row. On Saturdy evening, the 9th of January, I was in the shop, and heard a cracking at the window outside, apparently the glass—I attributed it to the frost—some time after I heard a cry of "Stop thief"—I ran to the door and picked up these six handkerchiefs on the pavement, just outside the window—the window was broken—the bottom of the pane had been cut—there was glass enough out for a hand to go through—the handkerchiefs had been in the window about six inches back from the glass, where it was broken—those now produced are them—theyare my master's property—our shop is in the parish of St. Andrew, Holborn-above-bars—it is generally called St. Andrew, Holborn.
Cross-examined by MR. PAYNE. Q. Suppose any body asked you what parish your master lived in, should you not say St. Andrew, Holbornabovebars? A. No, St. Andrew, Holborn, that is the name of the parish.
BENJAMIN LANGHAM . I live in Red Lion-street, Holborn. On Saturday evening, the 9th of January. I live passing through Bedford-street, near Mr. Ballantyne's shop, and saw Howard and Elliott at the shop-window—Idid not see Edy at the window, but about a minute before that I had seen the three prisoners and two or three boys standing by a coffee—
shop, two doors from the prosecutor's, and heard them whispering—I stood and looked at them, and Elliott said to me, "What do you want?" and I walked on—I heard the policeman calling, went hack, and saw Howard and Elliott at the window—I did not see any hody else close to the window—Iam not sure the third man was not there at that time—I did not notice him—Howard was pulling the handkerchiefs out, and Elliott was standing to hide his hand—I was going by on the same side of the way—therewas nobody else at the window at that time, I am quite sure—there were some boys close by, but they were not at the window—they were perhaps a dozen yards from it—I ran after Elliott, and saw him taken into custody.
Cross-examined by MR. PAYNE. Q. Who are you? A. I live with my father, who is a bookseller and tobacconist—I go to school—I was going by the prosecutor's, and heard these men whispering, and inspected they were thieves—we have had different things stolen from our shop—I am sixteen years old—I stood and looked at them for about a minute or half a minute—Elliott asked me what I wanted—I gave him no answer, but walked on—I heard the policeman speaking to another policeman at the corner of Gray's-inn-passage, and then I ran back—he said they were starring the glaze—that means cutting the glass out—I ran back to the window directly, and saw Howard pushing his hand in at the window—Elliottwas hiding him, and directly he got his hand out, the policeman came up and laid hold of Howard—I do not swear there were only two men at the window, but my attention was directed to the men taking the things—I was standing about two yards from them—there might have been more than two—I do not know exactly.
Cross-examined by MR. HUDDLESTONE. Q. Did you see any boys about at the time? A. Not then—I bad seen them standing close by the prisoners—I did not see them when the prisoners were taken—I did not look for them, because I ran after Elliott—they might have been there for what I know—when we ran up to the prisoners, a great mob came directly—Idid not notice any persons in the street before that—I was looking at the prisoners, and did not see any.
BENJAMIN BEVIS . I am a parochial constable. I produce a certificate of Howard's former conviction—(read)—I had him in custody on the charge, and was present at the trial—he is the person who was then convicted.
HOWARD— GUILTY . Aged 19.
ELLIOTT— GUILTY . Aged 22.
EDY— GUILTY . Aged 19.
Transported for Fifteen Years.
Before Mr. Sergeant Arabin.
692. MARY WELCH and MARY WELCH, Jun. were indicted for stealing, on the 17th of December, 4 pillow-cases, value 4s. 6d. 5 table cloths, value 2l.; 1 scent-box, value 15s.; 1 locket, value 10s.; 1 printed-book, value 2s. 6d. 1 shift, value 4s.; 3 napkins, value 3s.; 6 towels, value 6s.; 5 sheets, value 23s.; 1 table-cover, value 1s.; 1 petticoat, value 1s.; and 1 handkerchief, value 1s.; the goods of John Charles Kirkman, the master of Mary Welsh, Jun.
street, Camden Town. The younger prisoner was in my service for seven weeks—the other prisoner is her mother, and used to come and visit her—Ilived in Baham-street when she first came to me, and I moved from there to Grove-street while she was there—I discharged her at my present residence—Ihave known her mother many years, and she brought her to me—hermother stole two sovereigns from me—she assisted her daughter to pack up when I moved—on Sunday morning, the 3rd of January, I said to the daughter, "You will find some money under my pocket handkerchief"—she said, "There is neither money nor a pocket handkerchief"—I said, "Are you certain there is no pocket handkerchief"—she said, "Ma'am, you never brought it home last night"—I said I was certain it was in my cloak pocket last night—she said, "Indeed, Ma'am, you never brought it home"—I went to my trinket-box and missed a silver scent-box—I immediately applied to the constable, and said, "Here are circumstances which must place beyond a doubt that what I have lost must be lost through Mary"—I went to her lodgings and found her there—I said, "Mary, what have you done to my silver scent-box"—she said, "What do you mean, ma'am?"—I said it was at the top of my trinket-box—she said, "I have neither seen your trinket-box nor your silver scent-box"—I said, "You had my keys and the care of all my money, how could you avoid seeing the box?"—she said, "I know nothing about it"—I turned to the officer and said, "Take her before a Magistrate"—a woman in the room said, "Pray don't take her, ma'am, she is related to you"—I afterwards missed the other articles stated, part of which were found at the pawnbroker's—sheaccused the mother, or she would not have been taken.
Cross-examined by MR. PHILLIPS. Q. Are the two prisoners your cousins? A. No, decidedly—the mother is some relative to me—I cannot tell what it is, but it is some fifteenth third cousin—the daughter may be a relation, I cannot tell—I assure you they may trace what relationship they choose—the daughter must be related to me if the mother is—I did not think of that—the constable's name is Weaver, and William, something, I do not know—he is not a stranger to me, on the contrary—I must be minute in my answers—it is five years last October since I lived with my husband—we have been parted five years—he was a barrister previous to our marriage, but he never practised afterwards—the younger prisoner slept with me in Baham-street, in the same bed—from her entrance to that house she never slept out of the house, and generally with me, always—I do not know whether she slept, but she was in the same bed—Weaver never slept in the house, I will positively swear that—I do not remember his bringing two blankets, that Mary might sleep ou the sofa—he brought one to me, which I paid him 9s. for—he is a broker as well as a constable—Ipaid him, at least I have not paid him, it was an agreement for 9s.—Ibelieve that is the only money I owe—he is not one of the Metropolitan police, he is a broker and house-agent, and collects rents—I represented myself as a married woman when I took the lodgings in Grove-street—I never passed myself off as a widow—Weaver often came and drank tea with me, and, to save you the trouble, often dined there—he never slept there in his life—the younger prisoner left my service on the 5th of January—hermother never called at my house after that—she did before that, I believe, twice, to say she had a situation, and to offer me her sincere thanks, and said, "May the Lord bless you, for all the kindness I have received from you, and my children as well; I never received so much
kindness"—she never reproached me for the example I set her daughter, and say she would inform my husband of it—I understand you—I am of your country, and we are both too passionate, perhaps, you want to frighten me—I sometimes swear a little—I am not at all tenacious—I did not swear when the mother called on me; how could I, when she almost went down on her knees, and said, "I never received so much kindness from any body?"—I paid 1l. rent for her when she was in distress.
Q. Did you use an oath, and say you would stab her, or take some other means of doing for her? A. Oh, Sir, I am on my oath, such an occurrence never took place—such an expression never passed, not even a tendency to it, never indeed—I did not go to her lodging in Gee's court, Oxford-street, two days after the daughter left ray service—it was the third day—there were two women in the room—I charged her with taking my property—shepositively denied it—Weaver was with me—he did not search the lodging on that occasion, not till the tickets were produced—Mary said, "Positively, I know nothing of your box"—the woman entreated me not to take her—I said, "Constable, do your duty"—the woman said, "Pray, be still a minute, I will produce the ticket of the box," and, going to a shelf or cupboard, she brought down some tickets—I said, "Give me the tickets"—she said, "No, let me get the right ticket"—presently she produced the ticket of a table-cloth—the constable immediately said, "Give the tickets into my hand, or you will render yourself a party to it"—she gave the two tickets to him—I had not missed the gold locket—the table-cloth I knew was out of my linen chest—the prisoner said, "It is not my doing, it is my mother has done it"—she ran across the room, and got hold of a box—the constable said, "Mary, what have you there?"—she said, "Nothing belonging to you"—I said, "It is something belonging to me"—the constable capsized the box, it was turned out, and, among the rest, was a duplicate of a sheet and shift—he did not make any search, but only capsized her box—I gave Mary leave to go after a place on the 2nd of January, on which day the sheet was pawned—she was not taken into custody on the 3rd, on the 8th I went to apply to the Magistrate for a searchwarrant—hesaid, "Take her into custody"—I said to Weaver, "How do they take people into custody, what will become of her if she is taken?"—he said, "Lock her up"—I said, "Is there a fire and bed for her?"—he said, "There is neither one nor the other"—I said, "Then let it be till tomorrow"—onthe 9th she said it was not her, but her mother, and the woman in the room said, "I declare it is not Mary; she is honest, but her mother is a thief"—about ten days elapsed from the time I found the prisoner till I took her into custody—I took the mother in her master's shop, in Green-street, Leicester-square, and he said he would not keep her longer, for she was tipsy that night—I get tipsy sometimes, I take a little sometimes, but not to disguise myself—Iam sure my Lord will not allow such impertinent questions; it is illegal, I think, to answer them—I could have had counsel if I wanted them, but I wanted to keep back as much of the accusation against them as I could—that I swear.
Q. Then why did you bring out what was not in the indictment, that the woman stole two sovereigns from you? A. That I did at a moment—Ihave not sworn to that, but decidedly she did doit—there is not a syllable of doubt that she has done it—the younger prisoner said before the Magistrate that she had received these things as presents from me—I never
gave her any thing but a pair of boots—I never get tipsy—if I was to tell you I did not take any thing, I should be perfectly wrong—I never gave any of the articles to either of the prisoners; is it likely I should go to my trinket-box and give her my property? I—I never heard of her going to be married while in my service—she brought in a silk handkerchief one day; her mother was in the kitchen; I said, "Mary, how came you by this fine silk handkerchief?"—the mother laughed and said, "I suppose Simon, Bill or somebody gave it her to hem"—I said, "Who is that?"—she said, "A sweetheart, I suppose"—I never made her any present—I do not know that she ever slept on the sofa while in my service—she slept with me mostly every night, I believe regularly; but in Sahara-street I did not wish to place so much confidence in her—I wished to be a greater stranger to her—she might have slept on the sofa in Baham-street—she did—I think she lived with me in Baham-street five weeks, and a fortnight in Grove-street—Weaver never brought two blankets for her to lay on in Baham-street—he brought one, and he was to sell that to me.
WILLIAM JOHN KIDDLE . I am servant to Mr. Gofton, a pawnbroker. I produce a pillow-case pawned on the 17th of December, a table-cloth on the 23rd for 2s.; also a book, a shift, an apron, two napkins, and a sheet, pawned at different times—I cannot say who pawned them all—both the prisoners came with the sheet.
WILLIAM THOMAS WEAVER . I am an officer of the parish of St. Paneras. On the 12th of January, I went with Mr. Kirkman to Gee's-court, and found the younger prisoner there—Mrs. Kirkman said, "Mary, you have robbed me of my silver scent-box"—the prisoner said, "I know nothing about it, I have not seen it"—Mrs. Kirkman said, "Mary, if you tell me what you have done with the box, if you pledged it, sold it, or whatever you have done with it, I will forgive you"—she said, "I know nothing about it, I have never seen it, and know nothing of it whatever"— shethen got up and went to a box in the room to take something out of it—there was no lid to it—I said, "Mary, what are you doing there?"—(Ihad seen her before)—she said, "Nothing"—I took hold of the box, turned it over, and several things fell out of it, among them were this part of a sheet, this silk apron, this book, waistband, and buckle—Mrs. Kirk-man said, "Mary, how could you rob me in this way?"—she said, "I know nothing about it, if they are there, my mother put them there," or something similar to that—I said, "Mary, your mistress says she will forgive you, why don't you tell what you have done with the box?"—she whispered to a woman, "Shall I tell her?"—she said she knew nothing about it—Mrs. Kirkman insisted on going before a Magistrate, and a woman in the room said, "Stop, I will give you the ticket, Mrs. Kirk-man"—shedirectly went to some part of the room and brought forward a ticket) which she handed to me—it was for a table-cloth for 6s.—I said, "You have made a mistake here, you have given me a ticket for a table-cloth"—shesaid, "Oh, have I, I was not aware of it"—I said, "Give me those other tickets in your hand"—she had got two besides the one I had got, and they were for a book pawned for 18d., and a box and gold locket—thewoman gave me those in the younger prisoner's presence—she said she knew nothing about it, her mother had done it—on the 19th, I saw the
elder prisoner—she said he knew nothing about it, if any thing was taken, her daughter had done it—I found nothing on her—I had asked the younger prisoner where her mother was, and she said he did not know.
Cross-examined. Q. You told my Lord, in answer to a question, how you called her Mary, that you had seen her before? A. I have, certainly—Iheard her mistress call her Mary—I had seen her at her mistress's house, and at my house also—she has come to my house on messages, that is all—Ihave been to Mrs. Kirkman's occasionally, not as a broker—Mrs. Kirkman has been a customer of mine for two or three years—sometimes I went on business, sometimes I went there on invitation—I understand she is a barrister's wife—I have occasionally been in the habit of visiting there, drinking tea, and eating dinner—I never slept in the house—that I swear, either in Baham-street or Grove-street—I never brought any blankets for Mary to sleep on in Baham-street—I never brought any blankets to the house at all—I sent one, but never took one—I think Mary fetched that herself—I cannot swear it—I cannot say what it was for—itmight have been for Mary, when she slept on the sofa, for what I know—Ido not know that she used to sleep on the sofa—k was fetched for Mary's use, I suppose; at least she said they had not blankets enough—I lent it to Mrs. Kirkman—I never had any thing for it, for I have had the blanket sent back—she did not buy it, and she did not pay me for it—I lent it to her—I sent it there, whether it was to be bought or sold I do not know—Iconsidered it lent—I did not fix any price on it which she was to pay.
Q. If Mrs. Kirkman has sworn you fixed 9s. as the price of the blanket, is there a word of truth in it? A. No, certainly not, no sum was mentioned, nor any thing of the sort—it was on the 7th or 8th of January that I found the things in the younger prisoner's box—she bad left her situation on the 5th—I did not take her up until the 19th—she was left in her lodging that time at liberty to do what she liked—she said the box was her mother's—before the Magistrate she asserted over and over again that her mistress had made her a present of the things—Mrs. Kirkman never dined at my house—I have dined with her, say twenty times, and drank tea as many times, at the same time—I do not know that I ever drank tea except when I dined there—I might a few times—we have not drank any thing after dinner—perhaps we might have had a little gin and water—sheis rather addicted to taking loo much spirits—I have seen her take a glass of gin, never more than one at a time—she has taken another in half an hour, perhaps—I have seen her intoxicated a great many times—she never got intoxicated when I was there—it has been when people who wanted to rob her kept her drinking—I have complained of it many times—Ihave told her it was a pity she should do so—she was not conscious of it—I have not interested myself in this prosecution independent of my calling as an officer—the gentleman by your side called at my shpp—I told him that a person had offered 20l. not to prosecute the prisoners—he said, "How could any body offer you 20l. for a poor girl who has not counsel to defend her?"
NOT GUILTY .
these articles in a bag—I asked what he had—he said, "Some brass cocks "I asked where he got them—he said he had been assisting a lady to move goods, and she had been collecting these old things, and had left them for him in Holborn.
MARY WALKER . I am a widow, and live in Brackley-street, Golden-lane. I was moving from one floor to another, and employed the prisoner to assist me—I have known his mother a good while, but not him—these articles are mine—I did not employ him to take them away for me—he did not take them with my knowledge.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy. — Confined Six Weeks.
694. JANE HENLEY was indicted for stealing, on the 30th of January, 1 coat, value 1l.; 1 waistcoat, value 4s.; 1 pair of spectacles, value 6s.; 1 pencil-case, value 2s.; and 1 umbrella, value 4s.; the goods of George Grey.
GEORGE GREY . I have been a seafaring man, but live on my means at present. On Saturday, the 30th of January, about eight o'clock, I fell in with the prisoner—I had been drinking, but knew what I was about—I got into conversation with the prisoner, and went home with her, somewhere by the Angel public-house, I do not know where—we went to bed together—I went to sleep, and awoke about one o'clock, and missed the articles stated—the prisoner was still in bed—I asked her where my things were—she gave me very bad language—I found I could not get them from her, I called a policeman, and gave her in charge.
EDWARD BOREMAN . I am bar-man at the Angel public-house, Back-road, Shadwell. The prisoner came with a woman named Smith, and left this umbrella with me, to take care of till she or Smith called for it.
GEORGE BANKS . I am a policeman. I took the prisoner, and accused her of this—she said the prosecutor gave her leave to pledge the coat for 7s., and she gave him 3s. out of it—she afterwards said she gave the landlady 6s. out of the 7s.
Property produced and sworn to.
Prisoner's Defence. The prosecutor gave them to me to pledge, and he was at the bar of the public-house at the time the umbrella was left.
GEORGE GREY re-examined. I had not given her any money—I had 2s. 6d. in my pocket, and should have paid her in the morning—I intended to have gone away at one o'clock, but every thing I had got was taken away.
GUILTY . Aged 21.— Transported for Seven Years.
THOMAS HERSEY . I am a tobacconist, and live in Covent-garden. On the 3rd of February, about twelve o'clock in the day-time, I was in the parlour behind the shop, and heard a noise—I went out of the parlour, and saw the prisoner behind the counter at the till—I caught hold of him, and asked what he did there—he said he wanted some tobacco—I told
him I thought he had been robbing the till, I heard some money at the same time rattling in his hand, and saw him endeavouring to put his hand into his pocket—I sent for a policeman, and gave him in charge—he was searched at the station, and 4s. was found in his left-hand trowsers' pocket—Imissed that money from the till.
Prisoner. Q. I was at your shop-door, when you came out to me? A. No, at the back of the shop; you were going out at a swing-door which opens into the passage when I caught you.
THOMAS KELLY . I am a policeman. I was called, and saw the prisoner and prosecutor in the passage—the prisoner was fumbling under his apron, as if trying to get some money into his pocket—I took hold of his hand, and heard some money jink into his left trowsers' pocket—he was endeavouring to conceal it—it was 4s.
Prisoners Defence. I had no hand in my pocket; I went for some tobacco, rapped at the door, and went in, as no one answered.
GUILTY . Aged 49.— Confined Four Months.
ANN STRUDWICK . I am a widow, and lived at No. 20, New Manor-street The prisoner is mother-in-law to my servant, and came to my house very often, and was there for four or five days, to complete the work of a servant who had left me—she did not sleep in the house—I had a large silk cloak lying on a bed—the prisoner said, "What a pity such a nice cloak should be lying on the bed"—I told her it was of no consequence to any one—I afterwards missed it, also a ham from the chimney, a knife of my little boy's, and a scrubbing-brush—the cloak and ham have not been found—here are the knife and brush—nobody but the prisoner could have taken the things—the ham was tied in paper, and hung up the chimney, with the cord round the middle of it.
MARY ANN TURNER . The prisoner came to my house on the 15th of January, at nine o'clock at night, called me up, and asked me if I would take care of her gown, for she was afraid her husband would pawn it—next morning I went to look what it was, and it was a silk cloak, and a large ham wrapped in it—the ham had some white paper round it, and a cord round the middle.
WILLIAM WILLIAMS . I am a policeman. I took the prisoner into custody on the 19th of January—she denied all knowledge of it—I found this knife in her pocket—I asked where she lived—she said, "No. 18, Queen-street"—I went there, and found this brush in the cupboard.
GUILTY . Aged 55.— Confined Three Months.
697. ELIZA SMITH was indicted for stealing, on the 13th of January, 1 box, value 2s.; 1 cape, value 1s.; 6 gowns, value 2l. 14s.; 5 pairs of stockings, value 5s.; 1 pair of cuffs, value 1s.; 2 handkerchiefs, value 2s.; 1 waist-band, value 6d.; 1 shift, value 2s. 6d.; 2 brooches, value 3s.; 1 tea-caddy, value 3s.; and 6 yards of ribbon, value 4s.; the goods of Ann Capelin Mace Betts.
never saw her before—I was taking my box, containing the articles stated, to Mr. Wilson's, near Russell-court, having fetched it away from my place that day, at two o'clock—the prisoner spoke to me first, and said she was a girl out of place—I said I would give her a dinner if she would help me carry the box—I gave it up to Mrs. Wilson myself, in her presence—she went away directly—I was looking about for a situation, leaving the box there—on returning I found the box gone—I have lost all but a few things—Ihave scarcely any thing to wear, and not a friend—I was going to another place the next night—I was going after it that very evening, but not having clothes, I could not go at all.
JOHN WILSON . I keep the Two Spires public-house, in Catherine-street, The prosecutrix left her box in my bar—I was not there then, but I was there when the prisoner came, and said she had come for the box she had left a short time ago—I turned round to my boy—he said it was all right, and she went away with it.
HANNAH MORRIS . I am the wife of James Morris, and keep a clothes-shop, at Westminster. The prisoner came this day three weeks to sell a cape, two pairs of stockings, a handkerchief, and two pairs of cuffs—I bought them of her—the prosecutrix came to my door, and seeing the cape hanging out, claimed it, and the articles were given to the policeman—on the Monday night the prisoner came to sell a pocket-handkerchief, which the prosecutrix claims, and I gave her in charge.
(Property produced and sworn to)
Prisoner's Defence. The young woman met me, and asked me to help her with the box, and said she would give me a dinner; I stopped a long time, but she never came to give, me the dinner; I met a young woman, who asked where I had been; I told her; she asked me to lend her my bonnet and shawl to put on, which I did; she said she was going into Holborn to get some clothes, and when she came back she brought a bundle, containing two shawls, a gown, and velvet cape; I said, "Is this what your father sent you from the country?" she said, "Yes;" she lent me the gown to put on; in the afternoon she sent me to sell a handkerchief, which I took to that woman, and she gave me into custody; she said I might sell the things, which I sold that woman; the shift she claims is my own.
GUILTY . Aged 18.— Transported for Seven Years.
698. HENRY STEAD was indicted for stealing, on the 29th of January, 1 work-box, value 3s.; 1 pair of sugar-tongs, value 3s.; 1 pair of eardrops, value 2s.; 1 neck-chain, value 1s.; 2 needle-cases, value 1s.; 1 comb, value 1s.; 4 brooches, value 20s.; 2 rings, value 2s.; 1 pair of spectacles, value Is.; and 1 pair of ear-rings, value 1s.; the goods of Sarah Cook.
EMMA LOUISA BOUCHER . I am the wife of John Boucher, and live in Henry-street, Pentonville, the prisoner's father and mother lodged in our house, and the prisoner lived with them. On Friday afternoon, the 29th of January, I saw him leave the house with a work-box under his
arm, which I knew belonged to his cousin, Sarah Cook, who lives in the house.
SARAH COOK . I lodge in the house, the work-box is mine, and was in the parlour on the Friday afternoon—I was out—I returned at six o'clock, and it was gone—it contained the articles stated—this is it—I have got all the articles back.
GUILTY . Aged 24.—Recommended to mercy by the Prosecutrix.—
Confined Six Months.
699. CAROLINE CLITHEROW was indicted for stealing, on the 2nd of January, 1 carpet, value 17s.; 1 counterpane, value 5s.; 3 blankets, value 1l.; 1 sheet, value 3s.; 2 candlesticks, value 5s.; 2 pillows, value 6s.; 2 pillow-cases, value 1s.; 1 brush, value 10d.; 1 table-cloth, value 1s.; and 1 cloak, value 1l. 6s.; the goods of Agnes Kerr.
AGNES KERR . I am a widow, and live in Store-street. The prisoner took a furnished room, at 4s. 6d. a week, and remained four weeks and a few days—she paid for the first three weeks" rent—I missed a cloak, went into her room, and found all the articles stated gone from the room—she returned to the house—I asked what she had done with my property—she said, "I will get it all for you on Monday"—this was Saturday—I told her that would not do—I gave her into custody—the property was found at different pawnbrokers.
Cross-examined by MR. HUDDLESTONE. Q. You had asked her for the rent, had you not, on Saturday? A. No—she came to me on the Tuesday, and said she could not pay, she would pay me on the Saturday—I said I was in want of money, but would give her till Saturday—she told me she was a performer at a theatre—I do not know whether she was in want—I did not see her every day.
JOHN KERSEY . I am a policeman. I took the prisoner into custody—she said she would get the things on Monday—I said, "That won't do for me, you are in charge"—I took her up'to her room, and found two duplicates on the mantel-piece, in a small box—she said she was very sorry, and begged to be forgiven—she did not say she did it through distress.
Cross-examined. Q. Did she say so to any body else in your presence? A. Not in my hearing—I did not hear of her having said so.
Cross-examined. Q. Did she tell you she was in distress? A. No—shesaid she was very sorry for what she had done.
(The prisoner received a good character.)
GUILTY. Aged 27.—Strongly recommended to mercy. — Confined Two Months.
NEW COURT.—Friday, February 5th, 1841.
Fifth Jury, before Mr. Common Sergeant.
700. ELIZABETH SHOULS was indicted for stealing, on the 24th of December, 1 copper measure, value 6s.; 1 dish, value 1s.; and 1 boiler, value 4s.; the goods of Sarah Chapman: and that she had been before convicted of felony; to which she pleaded
GUILTY . Aged 30.— Transported for Seven Years.
(There was another indictment against the prisoner.)
701. HENRY JOHN DARKIN was indicted for stealing, on the 24th of January, 2 pairs of shoes, value 12s.; 1 hamper, value 9s.; and 29 bottles, value 2s. 3d.; the goods of Edward Whateley:—also, on the 22nd of January, three yards of oil-cloth, value 4s., the goods of Thomas Pallet; to both of which he pleaded
GUILTY . Aged 18.— Confined Six Months.
GUILTY.— Judgment Respited.
GUILTY .— Confined Five Days, and Whipped.
GUILTY . Aged 16.— Confined Three Months—the last week solitary.
GUILTY . Aged 49.— Confined Three Months.
JAMES PARK . I live at the coach-yard, Pell-street, Ratcliffe Highway, The prisoner is a relation of my wife's—I got him to clean my garret, and left him in my room to lie down, between three and four o'clock, on the 20th of January—I had two coats there on a table—I went up to lie down, and did not come back till between five and six—when I came back the coats and the prisoner were gone—the handkerchief produced was in the right-hand pocket of one of the coats—it was taken from him at the station—sometimeshe is a little diseased in his mind—he will go travelling about from place to place—I gave him shelter—he knows right from wrong—he drinks when he can get it.
Prisoner. Q. Did you ever know me to rob you of a penny before? A. No, I have trusted you in my room.
Prisoner. I was cooking potatoes for you, and you went up stairs; I found you in a state of intoxication; they gave me the handkerchief. Witness. No, I did not.
EDWARD WIGLEYM (police-constable H 141.) I took the prisoner, and found this handkerchief in his breast-pocket—he said it was given him by the prosecutor, that he knew nothing about the coats—he said he would be the death of the prosecutor, and blow the house up with gunpowder—he struck the female witness in the court.
JAMES PARK re-examined. This handkerchief is mine—I did not give it to him—no one could have got into the house but him—when he went away he drew the door to, which shuts with a spring lock—no one could have got in.
GUILTY .** Aged 25. Transported for Seven Years.
THOMAS GEORGE RICKETTS. I live in Newton-street, Portland Market. Oa the 25th of January, about twenty minutes before two o'clock, I met the prisoner coming out of my house with something under her arm—her shawl was covered over it.
Cross-examined by MR. BALLANTINE. Q. I believe it is of trifling value? A. I gave 3s. 6d. for it—the prisoner lives next door to me—I did not visit her—I did not know that she was in distress.
GUILTY . Aged 24.— Confined Two Months.
JOHN BROWN . I am a wine cooper, and occasionally work for Mr. Walter Bridgewater Williams, of Fenchurch-street. On the 26th of January I took from his house twenty-five dozen of wine—there were these twenty-four bottles in this basket in the body of my cart—I saw them there near one o'clock—I missed them twenty minutes after.
Cross-examined by MR. BODKIN. Q. You are occasionally employed by Mr. Williams? A. Yes—he lives in the main street—the cellars are in Fenchurch-street, and the counting-house also—I was at Mr. Taylor's, a large carpet warehouse, in Oxford-street—I never saw the prisoner till I saw him at Bow-street police-office—I have not talked about him, nor has any one spoken to me about him—I did not know he was an important witness in another case—I live in Pleasant-place, Spa-road, Bermond-sey—Ihave lived there twenty-one years.
his back—Tasked where he was going—he said, "To Bishopsgate, Minories"—Iasked where he brought it from—he said, "The West-end"—I asked what street—he said, "George-street"—I asked, what reference he could give—he said he did not know one street from another—I asked who was his master—he said, "Mr. Phillips"—I said I must take him to Bow-street police-office—he said I might carry the hamper myself, he would not—I showed the same hamper to Dennis.
Cross-examined. Q. Were you not told to look after a man with a basket? Q. There was a person said he did not think it was all right—I do not know who the man was—I stopped the prisoner at Temple-bar—Icould not stop the man who told me to notice the prisoner—he is a greengrocer in Clare-market—what attracted his attention was the man coming through Clare-market, and running from one court to another—the prisoner told the inspector he had been employed to carry the basket.
MR. BODKIN called
HENRY BENMAN . I am clerk to Messrs. Templar, Shearman, and Co, solicitors, in Great Tower-street. I never saw the prisoner till I saw him in Newgate the day before yesterday—from what I have heard from our client, who is a cook, and keeps an eating-house, he has borne an excellent character for honesty and sobriety—our client's name is Joseph Chamberlain Baker—he is plaintiff in an action now close upon trial—the prisoner is a very material witness on the part of the plaintiff—I should say that we should fail without his evidence—the case is not in any way connected with a greengrocer in Clare-market—it is an action of trespass against Mr. Gollings, next door to the plaintiff—I do not know whether the defendant is likely to know any one in Clare-market—Messrs. Templar have defended the prisoner at the request of our client.
GUILTY . Aged 22.— Confined Three Months.
JOHN HOLLINGSWORTH . I am shopman to Joseph Smout, a butcher, in Upper North-place, Gray's-inn-road. About a quarter to eleven o'clock on the 30th of January, the prisoner came and asked for a bit of loin of pork, and I saw her take this piece and put it under her cloak—I told my mistress—she tapped her on the shoulder and told her to walk into the parlour—theprisoner pulled the pork from under her cloak, and put it on the stall-board, said she did not intend to steal it, and hoped my mistress would forgive her, as it was the first time. NOT GUILTY .
MR. DOANE conducted the Prosecution.
ALEXANDER ALISON . I am a manufacturer of stocks, and live in King-street, Tower Hill. On the 6th of October, the prisoner engaged with me as town traveller—on the 19th, he brought me an order from Mr. George Evans, Eaton-street, Pimlico—I gave him fifteen stocks—he was to deliver them to that order—he gave the name tome—I sent an account for them by the prisoner at the end of the month—that account was made out to Mr. John Evans, No. 2, Eaton-street, Pimlico—he returned, and said it was not convenient for Mr. Evans to pay then—that was about the 16th of November—I desired him to go again—he still represented that Mr. Evans did not pay—I afterwards saw some stocks of mine at Mr. Sower-by's
and at the office—I went to Pimlico to try to find Mr. Evans—I could not find such a street nor such a person.
Cross-examined by MR. CLARKSON. Q. Have you any partner? A. No, I am sorry to say the prisoner has a wife and six children.
GUILTY. Aged 40.—Recommended to mercy. — Confined Nine Months.
(There were two other indictments against the prisoner.)
THOMAS HONEYBONE . I live at Brentford. On the 21st of January, the prisoner came to my shop with another person—they wanted some pencil-cases—I produced to them a tray, and selected five or six, but they objected to them—the tray was placed between me and them on the counter—theprisoner then selected one, and placed it on the side—he applied to the other person to select his, and they kept handing the cases about—the prisoner then took up one, which was a very peculiar pattern, a new pattern—heunscrewed it and said, "If you will wrap this in paper we will call for it"—the other man said he should decline taking one, but said the prisoner had better take his, which he did—they then left, and I missed the new case—I then went in pursuit for about a mile and a half—I then turned back and met them—I took them into a public-house where they were searched, and nothing found—they were taken to the station—I then went home and missed four more cases, which made five in all—none of them have been found—nobody had been in the shop between my seeing the cases and the prisoner leaving.
Cross-examined by MR. CLARKSON. Q. Look at this pencil-case. A. This is the one the prisoner purchased for 6s.—the price of the curious one was 11s.—it was quite new in style and character—it had a sort of coronet top, and a pen as well as a pencil—the prisoner took it into his hand—I cannot say whether he returned it—I cannot say whether I stated to the Magistrate that he returned it to me, and I returned it to the case—he could not screw the top on, and I did—it was about one o'clock when they came to me—I left my wife in the shop—I was absent nearly half an hour, and when I got back I missed four more—my wife is not here.
NATHANIEL THOMAS WILLIAMS . I saw the prisoner and another person in my master's shop—I was in the parlour—I saw them looking at the pencil-cases—I observed Holland, the other man, take some out of the tray and look at them—each time he looked at them he turned his head towards the parlour—he had his right-hand glove in his left-hand, and rested his left-hand on the counter, and I observed him rest his hand in his pocket.
JOHN SMITH (police-constable T 92.) I took the prisoner—I found on him fourteen sovereigns, two half-sovereigns, a silver pencil-case, a knife, and 2s. 2d.; and on Holland 9s. 2d.—Holland slipped his handcuffs off, andl escaped.
NOT GUILTY .
the 20th of January, about five o'clock, I missed this worsted-cloth from inside the house—I had seen it safe about three—here is a mark on it.
Cross-examined by MR. PHILLIPS. Q. What is it? A. Worsted tartan—itis known by that name in the trade—it is not generally called cloth—itis not invoiced as cloth—it is tartan—it is worsted tartan cloth.
COURT. Q. Is it cloth? A. It is worsted cloth as well as tartan—it is worsted cloth.
A JUROR. (Looking at it.) It is tartan plaid, not cloth.
NOT GUILTY .
GUILTY. Aged 19.—Recommended to mercy. — Confined Three Months.
714. GEORGE PEREGRINE PHILLIPS was indicted for stealing, on the 7th of January, 1 shirt, value 2s.; and 1 handkerchief, value 6d.; the goods of John Holder; and that he had been before convicted of felony.
JOHN HOLDER . I am a cheesemonger in New Yard, Great Queen-street. On Wednesday, the 7th of January, I was in the tap-room of a public-house in Rose-street, Long-acre—I had this shirt and handkerchief—I left them with Wheeler to take care of between five and six o'clock in the evening—I called for them the next evening—they were gone—these are mine.
JOHN WHEELER . I was in the tap-room—the shirt was put behind two bottles in the box where I was sitting—I never saw any thing of it till the next morning—I left the place at one in the night—I was not drunk—I shut up the house—the handkerchief was not there then.
GEORGE CAUDLE . I keep a lodging-house in Long-acre—the prisoner was in the habit of sleeping with me. At one o'clock in the morning of Wednesday, the 7th of January, he came and tendered this handkerchief as a pledge to his landlady for his lodging—I paid 4d. for him—he promised to come and fetch it next day.
Prisoner's Defence. I took my hat from the tap-room that night, and this handkerchief was in it—I never saw the shirt—I had been out of employ many months.
GUILTY . Aged 32.— Confined Six Months.
Sixth Jury, before Mr. Recorder.
CHARLOTTE LOUISA JONES . I am single, and out of a situation—I live with my aunt in North-street, Whitechapel. On the 18th of January, I went to the Mechanics' Institution, in Circus-street, Marylebone, about ten o'clock in the evening—I took off my cloak, and placed it on a bench near my side—the prisoner was near me—I missed it shortly after—I told the landlady—she asked the prisoner to bring back the cloak that she had taken away—the prisoner said she had seen no cloak, and knew nothing of it.
CATHERINE FARLEY . I live in Hereford-street, New-road, near the Yorkshire Stingo. I was with the prosecutrix at the Mechanics' Institution—there is a concert-room there—I saw her put her cloak on the bench close by where the prisoner was standing—it was missed in about ten minutes—theprisoner had gone ont of the room.
SUSAN MASTERS . I am the wife of John Masters, I live in Great Exeter-street, Lisson Grove—I keep a wardrobe shop. About eleven o'clock on the morning of the 19th of January, the prisoner brought this cloak to me to sell—I asked her who sent her with it, and if it was her own—she said it was her own, and she had bought it at Mr. Dent's in Crawford-street, and she paid for it by three instalments, that she was married now, and the cloak looked so soldierfied, her husband did not like her to wear it—she wanted 155.—I said 7s.—she said she dare not sell it for 7s., her husband would be very angry, but if he was agreeable to her taking 12s., she would call again—she came again and offered it for 8s.—I gave her 7s
THOMAS HENRY THOMPSON (police-sergeant D 4.) I went to Mrs. Master's, and received this cloak—I after that went to George-street, and I found the prisoner in the first floor—I said I wanted her for a cloak—she said, "La! you don't mean that?"—I said, "Yes"—she asked, if she got the cloak back for the woman, would she be satisfied—I brought her to the station—I said I could not tell any thing about that—I told her I had got the cloak.
(Property produced and sworn to.)
Prisoner'a Defence. I was very much intoxicated; had I been in my sober senses I should not have taken it.
(The prisoner received a good character.)
GUILTY. Aged 18—Recommended to mercy. — Confined Three Months.
CHARLES PALMER . I am a butcher, in High-street Wapping. The prisoner was my journeyman—he was in the habit of receiving money from my customers, by my authority—a customer named Hall was indebted to me 2l. 12s. 5d.—I had a customer named Morgan—I cannot tell what she owed me, but the prisoner had 10s. of her on the 11th of January—it was his duty to give it in directly he got home—on the 18th of January I went round to my customers, and in the evening I called the prisoner into the parlour, and asked what he had done with the sums he had received from Mrs. Morgan and Mr. Hall—he said he had the misfortune to lose a sovereign at the beginning of the week, and meant to keep the money till Saturday night, and make it up with his wages—he never accounted to me for any sum received from Mrs. Morgan or Mr. Hall.
Cross-examined by MR. PAYNE. Q. Do you know who he lived with before you? A. I believe, a Mr. Bonner—two sovereigns, twenty-five shillings, a sixpence, and 6d. or 7d. in copper, were found on him—I always require him to pay me directly he comes home—he had plenty of time to pay that, and he paid some that day—he had 12s. a week, besides his perquisites, which might be about 3s.—I found him in victuals—I bad a very bad young man before the prisoner, and the prisoner had told me about him.
Cross-examined. Q. Was that all you owed him? A. I believe there was a trifle I owed besides.
WILLIAM LOWE (police-constable K 261.) I apprehended the prisoner—he said he was very sorry for what he had done, but he had got two sovereigns up stairs in his chest—he went up stairs—I followed him with a candle—he took two sovereigns out of his chest—I asked him to give me them, which he did—he said he had got the remainder of the money in his pocket, and more than he owed his master—I took from him 25s. in silver, and 7 1/2 d. in copper—as we were going to the station, he said the reason he had not paid his master was that he had lost a sovereign, and he should be able to make it up on the next Monday, when he received his bills and wages, and he intended to do so.
Cross-examined. Q. Was it not that he had lost a sovereign, and he wished to make it up without his master's knowing it, which he could have done on the Monday? A. Yes.
NOT GUILTY .
RICHARD PEARCE . I live at Smallberry-green, and work on the turn-pike road. On the 23rd of December I was employed at Old Brentford—Ileft my shovel against the station-house wall—I afterwards missed it—thisis my shovel—the letters "J. C." are upon it, for John Clark—I found it again at Mr. Stacey's, in Brentford, on the 14th of January.
WILLIAM KENDRICK . On the Saturday after Christmas the prisoner came to me, and asked if I had seen the shovel—I said there was one stood against the gate in the yard—he went, and brought this shovel through the house.
NOT GUILTY .
JOHN HARRIS . I am a lodging-house keeper, in Farmer-street, Shad-well. The prisoner lived servant with me better than four months—on the night of the 20th of January I put a sovereign on the top shelf of the cupboard in the sitting-room—there was no one in the room then—the next morning the sovereign was gone—the prisoner was then in the room, and I asked her if she had been to the cupboard last night or that morning—she said yes, but she had not found any thing—I said she had a sovereign belonging to me, and unless she gave it back, I would fetch a policeman, which I did.
Cross-examined by MR. BALLANTINE. Q. Did she not say, "You may go for a policeman, I know nothing about it?" A. No—this is my signature to this deposition—it was read over to me—I might use a word or two more—I did not strike her—I threatened to do it.
Q. Did you strike her? A. I might have done it—I touched her over the head on the cap, only once—I did not kick her—there were seven or eight persons present—I keep a lodging house for sailors.
MARY DOUGLAS . I was sent for to search the prisoner—I asked if she had any money about her—she said, "No"—I saw her put something in her mouth—I told her twice to open her mouth—she did not—I called for the men, and then she opened her mouth, and put this sovereign into my hand.
NOT GUILTY .
719. THOMAS OWERS was indicted for stealing, on the 29th of January, 1 hammer, value 2s.; 1 file, value 8d.; 1 chisel, value 6d.; 1 drift-holt, value 6d.; and 1 gimlet, value 4d.; the goods of George Dighy Lee:—1 wrench, value 2s.; 1 chisel, value 1s.; and 1 gouge, value 1s.; the goods of Thomas Beavis:—2 carriage poles, value 5s.; 4 pieces of wood, value 2s.; 1 splinter-chain, value 2s.; 8 carriage holders, value 7s.; 86 bolts, value 1l. 1s.; 3 knives, value 3d.; 4 forks, value 4d. and 1 gouge, value 6d.; the goods of John Woodall, his master.
JOHN WOODALL . I am a coach-maker, and live in Orchard-street, Port-man-square. The prisoner was in my employ three or four year—I lost property, and went to his lodgings, in Manchester Mews—I saw his wife there—I found first a splinter-chain, and after that two poles, and several pieces of wood) some small iron work, and pieces of iron, part of drag-chains, some knives and forks, and a quantity of screws and Rails, which I believe to be mine—I went a second time with a policeman—I then saw some other things—the value of the whole was a little above 2l.—the prisoner would not have occasion for any of these things at his lodgings.
Cross-examined by MR. BALLANTINE. Q. Do you know this pole? A. Yes, the name of the owner is on it in full—I had missed property, and watched, and received information last spring.
GEORGE DIGBY LEE . I live in Adam-street, Westminster. I missed some tools from Mr. Woodal's workshop, my employer—I know this double-faced hammer, file, drift-bolt, chisel, and gimlet, they are what I make use of in Mr. Woodal's shop.
Cross-examined. Q. How are you able to speak positively to them? A. Because I have "G. L." marked on all but the file—I do not recollect lending them to the prisoner, but I will not swear I did not.
JOHN WOODALL re-examined. After I found these things I called the prisoner's attention to them—I showed him the knives and forks which I brought from his lodging, and stated that I had found the poles, timber, iron work, and chains—he denied it at first, and then said he had taken them—I had missed a quantity of property, which I did not find.
(The prisoner received a good character.)
GUILTY . Aged 24.— Confined Six Months.
720. JOHN OLIVER was indicted for stealing, on the 11th of January, 2 metal cocks, value 12s.; 1 plug, value 1l. 5s.; and 3 ounces of brass, value 2s.; the goods of Richard Martin and others, in a vessel in a port of entry and discharge.
MR. PAYNE conducted the Prosecution.
THOMAS MANBRIDGE . I was employed to pump out a steam-boat, called the Waterfly, in the City canal, on Saturday afternoon, the 9th of January—I saw the prisoner come out of the Waterfly,—I asked him what he wanted—he said the ship-keeper—he had come from the door of the forecastle—I saw the door had been broken, and went after him—he ran as fast as he could up the canal side—I did not see him again till Monday,
the 11th—I then said to him, "You are just the very man my master was looking after"—he said if I did not go away he would box my ears—he had a large tap under his jacket, and the key sticking out, and the plug was in his hand—I followed, and gave him in charge.
WILLIAM HARVEY (police-constable K 274.) On the 11th of January I was in Bow-lane—I saw Manbridge and several other boys following the prisoner, who was running—I took him, and found this tap under his jacket, and this plug in his hand—at the station I found this other tap in his trowsers pocket, and this piece of brass—he said he picked them up on the bank of the City canal.
JOHN TRESALAR JEFFRIES . I am an engineer. I have had charge of the Zephyr steam-vessel for the last three months, while it has been in the City canal, which is within the port of London—vessels and barges load and unload there—on the 12th of January I went on board, and missed three of these articles—this piece of brass belongs to an air-pump rod—I have compared these other pieces, and they belong to the Zephyr.
Prisoner. I had picked them up.
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Six Months.
WILLIAM WALLS . I am in the employ of John Cockrane, who is a carman. On the 22nd of January the prisoner came to his yard for a truck for Mr. Cant, to carry some bags—Mr. Cant had been in the habit of hiring trucks of us—I let him have it, and he did not come back.
WILLIAM WHITE . I live in Somers-town, and deal in coals. On the 22nd of January the prisoner brought a truck down to my yard, in Christopher-place—hecalled me by name, and asked if he could stand his truck there that night—he said he had borrowed it over at Westminster, and was so tired he could not take it home that night, but he would fetch it away next morning—about one o'clock the next day he came and asked if I would buy the truck, I said, "No"—he came again about five or six in the evening, with the springs of the truck on his shoulder, and asked if I would buy them—I said, "No"—he said, "Give me 4s. for them"—I said, "No, I won't"—he said, "Well, lend me 3s. on them"—I said, "Perhaps they are not your own"—he said, So help him G—they were, and he had sold the body of the truck for 4s., to a costermonger, and be had sold the wheels and axletree—I went to my yard in the evening, and saw the body of the truck there in the mud—I got the policeman, and we put it into the stable.
STEPHEN STEVENS . I am a wheelwright, and live in Somers-town On the 23rd of January the prisoner brought me the axletree of a truck and a pair of old wheels—he asked me to buy them—he said they were his father's, who was lately dead, and since then he had been drawing ice with the truck, and had sold the body of it to a costermonger, and had no place to keep the wheels in—I gave him 6s. for them—these are them.
EDWARD SIIAYLER (police-constable S 114.) White came to me on the 23rd of January, and showed me the body of this truck—I took it into the stable, and nailed the door—I went on the 26th to a lodging-house in St. Giles's, and found the prisoner—I said, "I apprehend you on suspicion of stealing a truck; be cautious what you say, as it will go against you"—he said, "I stole the truck, and sold the wheels to Mr. Stevens, and the springs to White, and the body I left in Christopher-place, to be fetched away by any body that liked."
GUILTY .* Aged 20.— Transported for Seven Years.
722. JOSEPH HOWARD, WILLIAM RICHARDS , and PETER WARREN were indicted for stealing, on the 26th of January, 1 handker-chief value 6d.; the goods of Henry Cawston, from his person: and that Howard had been before convicted of felony.
HENRY CAWSTON . I live at Chelsea, and am a brush manufacturer. On the 26th of January, a little after two o'clock, I was in Palace-yard, seeing her Majesty go to the House of Lords—a constable spoke to me, and I missed my handkerchief, which was safe a short time before—this is it.
GEORGE KEMP (police-constable N 82.) In the afternoon of the 26th of January, I saw the three prisoners, in company together in Parliament-street, and watched them—I then saw them all three behind the prosecutor—Howardput his hand into the prosecutor's pocket, and pulled this handkerchief half-way out, then turned to his companions and said, "It is only a cotton one"—Richards said, "Oh, have it"—they all three turned round to the prosecutor again, and Howard took 'the handkerchief out of his pocket—he was in the act of passing it to Richards, when I seized him by the collar, and took it out of his hand—Warren was in company with them, and they all turned together and spoke together—I saw them all three try pockets before—I saw Warren try a gentleman's pocket at the corner of Parliament-street.
JOHN ORE (police-constable M 194.) I saw the three prisoners in company at the corner of Parliament-street—I saw them speak several times—I heard them say there was something there, and Richards put his hand into a gentleman's pocket—Warren was close behind him at the time—he looked up in my face, and nudged Richards at the time—they then desisted, and went further on—I saw Howard repeatedly try pockets—I did npt see Warren try any one's pocket—when they got behind the prosecutor Warren was behind the other two, and I saw him endeavour to catch hold of Howard's frock, to pull him back, because he saw my brother constable taking notice of them—I got between Howard and him, and just at that time I saw the handkerchief in Howard's hand.
(The prisoner Howard here took off one of his shoes and threw it at the witness.)
Howard. All I have to say is, he is a false-swearing vagabond; if I had any thing I would knock his d—d head off; this chap is as innocent as this lamp is of the thing; I know I am guilty of it.
Richards. This young chap is innocent; he knows nothing of it.
Warren. I was waiting to see the Queen's carriage, and the officer took hold of me; I know nothing of these two boys; the officer cannot say that he saw me touch any pocket; what made me look up in the officer's face was, he said he would hit me on the nose if I did not fall back.
(The prisoner Warren received a good character, and a witness engaged to employ him.)
HOWARD— GUILTY . Aged 21.
RICHARDS— GUILTY . Aged 24.
Transported for Ten Years.
WARREN— GUILTY . Aged 14.
Confined Seven Days.
OLD COURT.—Saturday, February 6th, 1841.
Second Jury, before Mr. Sergeant Arabin.
GUILTY .* Aged 16.— Transported for Seven Years.
724. MARTHA GIBBS was indicted for stealing, on the 15th of October, 9 towels, value 5s.; 2 hampers, value 2s.; 4 pillow-cases, value 2s. 6d.;5 handkerchiefs, value 5s.; 6 glass tumblers, value 5s. 6d.; 2 napkins, value 2s.; 3 shirts, value 1l.; 2 table-cloths, value 7s. 6d.; and 9 ale-glasses, value 3s.; the goods of William Gordon, her master.
LYDIA GORDON . I am the wife of William Gordon, of Upper Seymour-street, Westminster. The prisoner has been my cook for a great many years—I missed the articles stated, and spoke to the prisoner about them—shedenied ever having taken any of them, and was very impudent—I sent for a policeman, and gave her into custody.
JAMES M'KEATH . I am a policeman. I was sent for to Mr. Gordon's, and received the prisoner into custody, charged with having taken a great many articles belonging to her mistress—she said she knew nothing about it—on our way to the station she said, that in a few days, when her master paid her her wages, she would redeem the articles.
(Property produced and sworn to.)
Prisoner's Defence. It was my intention to redeem the articles when my wages were paid.
GUILTY . Aged 50.— Confined Twelve Months.
725. GEORGE HARBOUR was indicted for stealing, on the 3rd of February, 1 pocket-book, value 2s.; 8 sovereigns, 3 half-sovereigns, and 9 bills of exchange, amounting together to 701l. 6s. 6d. the property of James Delveau, from his person.
JAMES DELVEAU . I am a harp-maker. On the evening of the 3rd of February, I was at the Hanover-square Concert-rooms, sitting on one of the benches—I had, in my coat-pocket, a pocket book containing the money and bills of exchange stated—it was quite secure at the time—after I had been in the room a short time, I missed it—I immediately gave notice to the different persons who were near me, and to a policeman, who
went out with me, and stopped the prisoner in the street—he struggled, and would not come back into the rooms—I did not see my pocket-book then, but I heard it fall down an area—I saw a person pick it up—the concert was just beginning—the persons were not going away.
Cross-examined by MR. CLARKSON. Q. Have you any other Christian name but James? A. No.
SAMUEL GOODCHILD (police-constable A 36.) I was on duty at the Hanover-square Concert-rooms, and saw the prisoner coining out of the parlour from the Concert-room—I heard him ask for a check, which would authorise him to come back again without paying—he had been one of the audience—he then walked into Hanover-street—the prosecutor immediately afterwards came, and told me he had been robbed of hit pocket-book—Itold him to follow me, and went after the prisoner—I touched him on the left arm, and said, "My good gentleman, 1 beg your pardon, but you have just come out of the Concert-rooms"—he said, "I have not"—I said, "You have"—he said, "What rooms?"—I said, "The Hanover-rooms"—he said, "So help me G—, I was never there, and don't know where they are"—I said, "You are the person I let out of the parlour, you must go back with me, you are charged with robbing a gentleman, and if you are an innocent man, you will go bark without any resistance"—he resisted as much as he possibly could—when I got him to the door of the rooms, he hung his right arm round the iron railing!—he bad his great coat hanging on his arm—he took the pocket-book out of his coat with his left hand, and threw it down the area—I said to the prosecutor, "There goes the book down the area," and before the words were well out of my mouth, the book dropped into the area, and a sovereign and a half dropped in the area.
Cross-examined. Q. You knew nothing of him before, I believe? A. I never had him in custody, but I have seen him before, I do not know where.
GUILTY . Aged 30.— Transported for Fifteen Years.
MR. BALLANTINE conducted the Prosecution.
ROBERT DRUMMOND . I am managing clerk to William Nicholls, who has a large wharf at Paddington, and a large yard opposite the wharf—sometime ago I observed a twenty-foot plank had been removed across the yard, and laid on the dust-heap, close to the outer fence—in consequence of suspicion, I branded the plank with "W N," and watched it for several nights—on the 26th of January, I received information that it was gone—I saw the prisoner soon after, going along towards Edgware-road, a little distance from the wharf, with the plank on his back—I stopped him—hesaid, "Don't be hard with me, master Robert, I found it in the canal"—the night had been wet, and the plank was wet at one end, and the other end was dry—I have seen the plank over the way to-day, and it is the one I branded.
Cross-examined by MR. PHILLIPS. Q. Has the prisoner's father a wharf near Mr. Nicholls's? A. Yes, next to ours—we have never borrowed planks of each other—he has not got the wharf now, but he lives there I still.
(The prisoner received a good character.)
GUILTY. Aged 33.—Recommended to mercy. — Confined Three Months.
Before Mr. Justice Coltman.
727. RICHARD MOORE was indicted for feloniously forging, on the 1st of January, 1 promissory note for the payment and value of 5l., with intent to defraud Thomas Halifax, and others.—2nd COUNT, for uttering the same with a like intent.—Other COUNTS, varying the manner of laying the charge.
MESSRS. DOANE and ESPINASSE conducted the Prosecution.
THOMAS COOK . I keep billiard-rooms at No. 358, Strand. On the 31st of December the prisoner came to my billiard-rooms at nearly twelve o'clock at night—he followed a gentleman in who was in the habit of frequenting my rooms—I do not know whether he came in his company—he followed him in at the same time, into the private room—he played at cards, and continued playing till about three in the morning—I believe he was a loser—he was at one time a winner, and after that he continued to lose—Isaw him produce what appeared to be country bank-notes—other persons were playing in the room at the same time, but I did not see any other person produce any country bank-notes—in the course of the evening I supplied the prisoner with 38l., part in gold, part in Bank of England notes, and part in his own country notes that I had received—I had received them at the table in the course of the play—they had passed from hand to hand round the table—I was playing with the rest—none of the country notes had been received before the prisoner came in—I am positive of that—I had seen about nine or ten country bank notes produced by the prisoner, and paid away in playing—when I lent him the 38l. he gave me an "I O U," and gave me his address at Wright's hotel in the Strand—Idid not lend it him all at once, but in different portions—he continued to play—I am not positive whether he won or lost after that—I should say he lost—I cannot say—I continued to play after he left—after he had left I cashed, I think, nine 5l. country bank notes for a gentleman who had been playing'with the prisoner—I kept them until the next morning, and then gave to my wife five of them, which were payable in the City, for the purpose of getting them cashed—in consequence of a letter, which I received between eleven and twelve that same day, I went into the City, to Messrs. Glynn and Halifax, the bankers, and was by them referred to Messrs. Bush and Masters, the attorneys, where I found my wife had been detained—I did not know of her being detained till I got there—in the evening of that day I received the letter now produced—it was brought by a waiter or porter from Fricour's hotel, in St. Martin's-lane—I then went with Forrester, the officer, to Fricour's hotel, found the prisoner there, and he was taken into custody.
Cross-examined by MR. PHILLIPS. Q. These are notes, which from their appearance, imposed upon you at once? A. Yes—I received them, and thought them genuine, or else I should not have cashed them—my house is not a gambling house—I have kept it about two years—we play as long as we like—we do not turn gentlemen out—if there is no one there we shut up at half-past two—persons are allowed to play there as long as they like—all night if they like—billiards are played there, nothing else—
it was billiards we played that night—by chance cards are played—cards were played that night.
Q. What did you mean by saying there was nothing but billiards played in the house? A. Generally there is not, except gentlemen have a private room—occasionally there is something besides billiards played, but not generally—there was hazard played that night, but it is not generally done—it certainly is not a gambling-house—it is not infested by all manner of cheats, blacklegs, and swindlers—none but honest gentlemen to my knowledge, that I swear—I do not know how much is the most I have known lost in the house—if they take private rooms I do not know what is lost or won—I do not remember how much has been lost in my presence—I have not known hundreds lost there since I have had the house—Ido not know how much the prisoner lost that night, he says 60l.—loowas the game that he played at—I knew some of the gentlemen he was playing with by sight, not by name—the prisoner was the stranger that night—four or five of the gentlemen I knew by sight were in the room playing, I do not remember the exact number—they were persons in the habit of frequenting my house, not nightly, but occasionally, I will not say weekly—I will swear they do not frequent it at least once a week—some might come in four nights in a week, some have not been there some time—I do not know where they have gone—they are not regular gamblers to my knowledge—they never before sat up all night playing at hazard and loo—playing at billiards they have—this was the first night of the loo—I believe persons can cheat at that game, no doubt of it—I have not seen persons cheat at it—I have heard it, but not from any of the gentlemen at my house—I have heard it from different sources—I have played at loo—Iplayed that night—I lost to the gentlemen that were playing—the prisoner did not win at the beginning, I believe—in the course of the evening he won some money, I believe, but not at the beginning, I believe—I cannot swear it—I cannot tell who lost or won at the beginning—I do not believe he did—he lost, I believe, all the money he had—so he said—I believe I have said the prisoner won at first and lost afterwards—I believe he won in the course of the evening—I said I could not positively swear—Iam not in the habit of sitting down to play with company—this night was an exception, it being New Year's-eve—I believe we ceased playing loo about four, or between three and four—it began about twelve—none of the four or five gentlemen are here to-day to my knowledge—I do not know their addresses—some of their names I do not know—I gave two names which I knew—they are not here to my knowledge.
Q. Did you receive no letter from the prisoner by post that morning? A. did—I gave it to the solicitor—I believe I left it at Mr. Bush's office—thisis it—(produced)—I was never in gaol twelve months for keeping a gambling house—I was never in a court before, and never kept a gambling-house.
ANN COOK . I am wife of last witness. On the morning of New Year's-day I received five notes from my husband to go and get them cashed in the City—I took one to Messrs. Glynn's—I believe this to be the one—I got that cashed—I took two others to Barclay's—I was detained there, and after some time Forrester the officer came—I left those two notes at Barclay's, and the two that were left I gave to Forrester—theywere payable at Williams and Deacon's.
Co.; the firm is Thomas Halifax and others. On the 1st of January, about eleven o'clock, the last witness brought this note to change—I gave her five sovereigns for it—it is not a genuine note—I believe the impression to be genuine, but the signature and filling up is not.
Cross-examined. Q. It is a well done business, is it not? A. Decidedly so—I certainly paid it under the impression that it was genuine.
ROBERT DAVIS . I am a clerk in the Salop Bank. This note, purporting to be one of that bank, is a forgery—the whole of the ink is forged-Pettigrew is the name put as the manager, and Magnay as one of the firm—thereare no such persons in the concern.
JOHN MANNING . I am porter at Fricour's-hotel, in St. Martin's-lane, I saw the prisoner there on Friday evening, the 1st of January—I was sent to him in the course of the evening—he gave me this letter, and told me, if I was asked where it came from, not to tell—I took it to Mr. Cook, No. 358, Strand—a young man came down to the door first, and received the letter of me—he met Mr. Cook on the stairs, as he went up, and gave it him, in my presence.
Cross-examined. Q. What is it you are, pray? A. A marker at a billiard-table, nothing else.
DANIEL FORRESTER . I am an officer of the Mansion-house. I was called to Messrs. Barclay's on the 1st of January, and saw Mrs. Cook there—she gave me some account—I went to the West-end with her, and afterwards saw Mr. Cook—in the evening, Mr. Cook came to me, and I went with him and Chappell to Fricour's-hotel—I there saw the prisoner in the coffee-room—I took him into a private room—he asked who I was—I said I was an officer, and that I took him into custody for passing forged notes—he said, "They are not forged, they are fictitious"—I afterwards put him into a coach, and Chappell got in with me—in the coach he said, "I have lost a great deal of money in gambling—I have been ruined, and I have taken these steps to try to get it back"—Chappell (who is a waiter at a gambling-house) said, "We have had none of your money, you are a winner of us of 5l."—the prisoner answered, "No, 4l. 10s."—that was all the conversation—I received these two country notes and five sovereigns from Mrs. Cook, at Messrs. Barclay's—there were some other notes there, but I did not receive them.
Cross-examined. Q. I believe you made inquiries at Wright's hotel, to find whether the prisoner had lived there or not? A. I did, and found he had lived there.
JOSHUA BUTTERS BACON . I am a partner in the firm of Perkins, Bacon, and Fetch, engravers, in Fleet-street. We are in the habit of engraving plates for country bank-notes—the note in question is from one of our plates—I should call it an India proof, taken from the genuine plate—it is on India paper—it is usual to take proofs on India paper, in the first instance, for the purpose of proving whether the plate is perfect and finished, and afterwards for the purpose of circulating as specimens among bankers who may want new plates executed, but we always paste them on thick
backs before they are circulated—this note has not a back of that description—it has a back, but not a thick one—this is what I call an engraver's specimen—it has been tampered with since it came from me—an India proof as it leaves my house would not take ink—I have no question but this has been pasted very ingeniously on a thin piece of paper, bank post-paper, very probably—that would make it stronger, and the very gum that makes the two papers adhere, also gives consistency to the India proof, so that it takes ink—we never sent any out on such paper as this—in the regular course of business, such paper as this could never have got into circulation at all—the specimens we send out are on thick backs, and the real notes are a different kind of paper entirely—I have no doubt this note is one of a set of specimens sent to a banker's, but not taken care of—the India paper can be separated from the thick back—I have a proof of it with me—damping would enable them to sever—it draws off without any great difficulty—we never stamped "specimens" on those we sent out before this case occurred—we did not think it was open to that kind of roguery.
(The note, being read, was for 5l., on the Salop Bank, payable at Messrs. Glynn's.)
(The following letters were put in and read.)
"Three o'clock, Wright's Hotel, (post-mark,' 1 Jan., 10 forenoon.')
"Dear Sir,—I have just been informed that the notes I lost are flash notes, that they do not represent notes of any similar number or date, and they do not contain the signature of the manager of the bank to which they purport to belong; so that, for your protection, and that of the gentlemen who got the notes, I write this, that they may not attempt to pass them.
I will make the earliest arrangement I possibly can to lift them. The foregoing information I have just this instant received, and the notes I got to-day. I remain, Sir, your obedient servant,RICHARD MOORE."
"Wright's Hotel, Strand, 1st January.
Addressed to "Mr. Cook."
"Dear Sir,—I am this morning distracted; nor do I wonder at it, after the transaction that occurred last night; for I know the figure I must cut in your eyes, and I upbraid myself for a want of courage to meet you, from inability to take up the notes before I left London; and the reason is, I was yesterday induced to make several purchases, and pay two or three accounts that I was not called on to pay for the present. I have been thinking that I might be able to raise or borrow the money in London, but on further consideration, I find it is impossible; but what I propose to do is, to give you my bill, at thirty-one days, for the entire amount of what I lost last night, and you may rely on its being regularly met when at maturity. I got the notes from an old school-fellow, in payment of a bet he lost to me at a race in Ireland; and I was yesterday congratulating myself on my good fortune in having met him; but how soon our joy is often turned to sorrow! When I reached my lodging after I left you, to my surprise, I got his letter, cautioning me against using the notes; and he says they are not forgeries, as they are not signed in the name of the managers, nor do they bear dates or numbers of the notes of any similar amount, but that they are the first proofs of the engraver's plates before delivery to the banks. How this is I cannot pretend to say. I can get the money the instant I reach Ireland, but not sooner, as my writing home would alarm my friends, and prevent their remitting it to me. My address is,' Castle-grove,
County Louth.' Please give the bearer a written answer to this, as I do not wish him to know any thing of the transaction. Should this proposal meet your approbation, I will give you my bill to-night, as I am anxious to go home to-morrow. I remain, dear Sir, in haste, your obedient servant,"RICHARD MOORE."
"P.S. Before I conclude, I must say, that your liberality or kindness to me cannot fail to act but as the strongest incentive to every thing that is fair and honourable. I was staying at Wright's Hotel, but have since left it. However, that is my address."R. M."
"Let me know the amount of notes I lost. I think it is 60l., which, with the 38l. I lost to you, would make 98l. in all."
GUILTY of Uttering. Aged 30.—Recommended to mercy.
Fourth Jury, before Mr. Justice Coltman.
728. RICHARD MOORE was again indicted for forging and uttering, on the 29th of December, 2 promissory notes for the payment of 10l. and 5l., with intent to defraud William Masterman and others.—Other COUNTS, varying the manner of laying the charge.
CHARLES CHAPPELL . I live at No. 7, Leicester-square. It is a house kept for the purpose of play—I am waiter and also an assistant in the house—I know the prisoner—I have seen him at the house on two or three occasions—he played on two occasions—I first saw him there eight or nine days before the 29th of December—I saw him on Monday night, the 28th, about half-past twelve o'clock—I was in the billiard-room when he came—he asked me if there was any play—I said uo—he asked me to go up and play with him—I did so—there was nobody else there—before we began to play he asked what bank there was, and I showed him 130l., in Bank of England notes, in the cash-box—that was all the money that was in the bank—we began playing at hazard—he lost 70l., which he paid in 5l. and 10l. country bank-notes—he went away, and returned in ten minutes or a quarter of an hour, and proposed to play again—we played at hazard—he lost 75l., which he paid in country bank-notes, 5l., 10l., and among them was one of 20l.—Air. Thompson, who is the proprietor of the house, came into the room while we were playing, and assisted at the table in gathering the counters—he came in during the time he was playing on the first occasion, and was present on the second occasion, but went away after the prisoner left a second time—he was there all the time of the second play—after the second play the prisoner asked, if he went and got some more money, whether we would play with him again—I said it was late, it was past our hour, which is twelve—it was then five or six o'clock in the morning—he went away, returned in about twenty minutes, and I played with him again at hazard—he lost 380l. on the third occasion—he paid it in a bank post bill of 300l. and another for 80l.—he then went away and did not return again—he lost altogether 525l.—I put the notes he had given me into the cash-box with the Bank of England notes—there were no country bank notes there before—Mr. Thompson was gone when the prisoner came back the third time, and the house was shut up—I was going to bed, and was partly undressed—I told him it was past hours, and we could not play; but he said he would have satisfaction, he had lost a good deal of money, and I had a right to give him a chance to get it back again, and he produced a pocket-book, and said, "There is money in that;" so we played—I put the whole of the money into the bank—it is a mahogany box—I took it from the box about
nine o'clock in the morning, when he left, put it into my pocket, went to Mr. Thompson, and gave it to him—I counted it before I gave it to him—it was 525l. and 130l., in Bank notes besides—I afterwards accompanied Mr. Thompson into the City, to get the notes cashed—Mr. Thompson gave me two 5l. and one 10l. notes to take to Masterman's—I believe those now produced to be the same—I presented them, and they were not paid—I waited there about five minutes—I had two other notes, on Glynn's, in my pocket, one for 5l. and one for 10l.—I gave them to a gentleman at Masterman's—these notes look like them—I gave them all up to the same person.
Cross-examined by MR. PHILLIPS. Q. Do the police know of this bouse of yours? A. I do not know—I am not aware that they know what purpose it is used for—the prisoner only played on two nights—the first time he won, and went away with the money—he had been in our house, I think, on three separate nights—he went away and returned three times on the last occasion—he lost every time—hazard is a game of chance merely.
Q. Did not it strike you as odd be should always lose? you must have been in great luck. A. That might be the case—there is no management in the play—I never heard of such a thing as to "cog a die"—no doubt there is such a thing as loading a die—we sometimes played for 5l. at a time, and sometimes 10l.—we were about it from half-past twelve o'clock at night till about nine the next morning—no one came into the room while we were playing except the waiter, to stir up the fire, but he did not come near the cash-box—I gave the notes up to Mr. Thompson, about a quarter to ten o'clock—I started from his house, to go to the Bank, about eleven—there was a Bank post-bill for 300l. and one for 80l. which was not due, and 50l. of the notes were not payable in London, which Bults, in Cheapside, cashed for 6d. in the pound—I got nothing for my share, it will be his altogether—what I get rests entirely with my employer—I dare say I shall get something—I have a regular salary—it was my master's money I was playing with—our house has never been indicted, to my knowledge, not since Mr. Thompson hag had it—we are particular who we admit to play—we only judge by their appearance, if they look like gentlemen—I dare say all the "blacklegs" in London are well dressed—nobody is concerned with Mr. Thompson there—I do not know that many "blacklegs" play there, that I swear, nor do I believe it.
JOHN THOMPSON . On Monday night, the 28th, I was at the rooms, No. 7, Leicester-square, and saw the prisoner and Chappell playing at hazard—they played after I went in for about three-quarters of an hour—the prisoner lost, and I saw him pay country notes—he went out, returned in a short time with a fresh supply of notes, and played again—I played—he lost about 75l. the second time—he paid that in the same desecription of notes, and as he went away I heard him say something about having an 80l. bank post-bill, and he should not be above a quarter of an hour, and would go and fetch it—I did not wait, as it was very late—it must have been some time after four—there bad been 130l. in the bank the night before, in Bank of England notes—in the morning, Chappell returned me that money, and country notes to the amount of 145l.—two Manchester bank post-bills, one for 80l., the other for 300l.—I proceeded, with Chappell, to the City, to get the notes cashed—I went to Mr. Bull's, in Cheapside, and parted with 50l. in notes not payable in. town—he
cashed them at a discount—I gave Chappell 35l., consisting of about five notes, to get cashed at Masterman's and Glynn's—they were the same notes as he had given me—I went to Barclay's with a 10l. note, which they paid—I went to Hanbury's with a 20l. note, which they detained, and I was taken into custody by Forrester afterwards, just outside Barclay's door, where I was waiting for Chappell—I changed one 10l. note at Payne, Smith, and Payne's—the Manchester bank post-bills I had still in my pocket, and gave them to Forrester, with the remainder of the notes.
Cross-examined. Q. Was any body else playing that night? A. Not any one, that I saw—it was after twelve o'clock when I went into the room—whatever is won is put into the box, to the best of my knowledge—I have trusted Chappell with a deal of money—the box is not very often very full, we change about—I should not think it was a losing concern—I know it is against the law to do this, but I do it—I never kept a gambling-house before—I decline saying whether I have ever been in gaol—or whether I have been tried in a court of justice—I have been tried once—I do not know that I am obliged to answer where I went to after the trial—I did not go home—I went where they took me—I saw my home again as soon as I could, as soon as they gave me my liberty—I decline saying how long it was before they gave me my liberty—I was never in prison for any thing but keeping a gambling-house—the term bonnet means parties, I believe, playing at the table, and belonging to the house—I do not know that they are always partners—we have nothing of the kind at our house.
WILLIAM SIMPSON . I am principal cashier at Masterman's, the bankers. On the 29th of December, Chappell brought two 5l. notes, of the Boston bank, and one of the Commercial Bank of England—that bank had no account with us at that time—the Boston bank still kept an account there—I gave the notes I received from him to Mr. Peel, a clerk in the country office—our firm is William Masterman and others.
JOSEPH PEEL . I am principal clerk in the house of Masterman and Co. I received three notes from Mr. Simpson—I cannot say these now produced are the three—they were notes similar to these—they were two of the Boston bank for 5l. and 10l., and one of the Commercial Bank of England for 5l.—I gave them to Mr. Mildred.
JOSEPH CLATPON, ESQ . I am a partner in the house of Garfit, Clay-pon, and Co., of Boston. The notes issued by our bank are always signed by one of the partners—these two notes are not genuine—there is nobody of our bank of the name signed to them—I do not know the names at all—they are 5l. and 10l. notes—there are no such persons as Harris and Summers, which names are to them—it is not the signature of any body connected with our firm—the notes seem to be taken from the plate used for our notes.
EDWARD CLARK . I am in the service of Messrs. Bult, bullion-dealers, in Cheapside. I remember the witness Thompson coming there on the morning of the 29th of December to exchange Scotch, Irish, and local notes—we cashed them at a small discount.
DANIEL FORRESTER . I am an officer of the Mansion-house. I took Thompson into custody on the 29th of December, in Barclay's banking-house—I had seen him in Lombard-street—I went into the house with him—I do not know what was said to him at first—I was rather behind—Chappell either pointed him out or accosted him—Thompson pointed out Mr. Mitchell as the person he had changed a 10l. note with, and I took Thompson into custody—Chappell was before me—Thompson immediately said, "I have other notes, and received them in play"—he gave me an account of them—he gave up, and I took from him a great many notes, which I produce—he gave me some Bank of England ones—I produce the country notes he gave me.
JOHN MITCHELL . I am cashier at Barclay and Co.'s. On Tuesday, the 29th of December, Thompson came there and presented a 10l. note, purporting to be drawn by the Spalding Banking Company—I cashed it—he had scarcely left the house, before I discovered it to be a forgery—I ran over to the bank to stop the payment of the note I had given for it—shortly afterwards Forrester brought him to oui house—the note produced is it—I put a mark on it at the time—the signature is forged.
GEORGE BUGG . I am manager of the Spalding branch of the Stamford and Spalding Banking Company. This is not a genuine note—it appears to have been taken from our plate—the signatures are both fictitious—we have no persons of the names signed to it.
THOMAS COOK . I keep a billiard-room in the Strand. The prisoner came to my house on the evening of the 31st of December—I received a letter in the morning by post, purporting to come from him—this is it—I received this other letter by the hands of my brother afterwards.
JOHN MANNING . I am porter at Fricour's hotel, St. Martin's-lane. I saw the prisoner there about seven o'clock in the evening of the 1st of January—he gave me a letter to take to T. Cook, Esq., Strand, and told me if I was asked where I came from not to tell them—I took that letter, and gave it to John Cook—Mr. Cook went back with me, and got Forrester—I pointed the prisoner out to Forrester at Fricour's hotel.
DANIEL FORRESTER re-examined. I took the prisoner into custody—I searched him in a private room in the hotel, and found a letter containing three bills, a note, and some money in a pocket-book—he asked who I was—I told him I was an officer, and took him into custody for passing forged notes—he said they were not forged, but fictitious—I put him into a coach, and Chappell and I and him went towards Giltspur-street Compter—Chappell had gone with me to identify him, and he said in the coffee-room, "I give that person into custody for forgery"—in the coach the prisoner said, "I have lost a great deal of money in gambling, I have been ruined, and I have taken those steps to try to get it back"—Chappell said, "We have not bad any of your money, you are a winner of us 5l."—the prisoner said, "4l. 10s."
JOHN MEESOM . I am clerk at Glynn's. These two notes purport to be payable at our house, from the bank of Manchester—they have removed their account from our house some years, but from what I recollect of their notes, I should say these are not genuine.
EDMUND BURDICAN . I am manager of the bank of Manchester. These post-bills for 300l. and 80l. are forged—the plate is genuine, but they are not our filling up—the signatures are not genuine—we have no parties of that name, nor is it the handwriting of any body belonging to our establishment—we get our plates from Perkins and Bacon.
(The two letters produced in the former case were again read, also another found on the prisoner, addressed to Mr. Johnson, (instead of Thompson) dated the 1st of January, from Wright's hotel, stating that the bearer would give him his acceptance at fifty one days, three months and six months, for 525l., on his returning notes to that amount that if it was in his power to make the party who had given him the notes, pay him before the bills were due, he would pay them.)
GUILTY . Aged 30.— Transported for Fifteen Years.
Fourth Jury, before Mr. Justice Coltman.
729. WILLIAM LATHAM was indicted for feloniously forging, on the 15th of August, a certain bill of exchange for 175l. 13s., with intent to defraud Edwin Leaf and others.—2nd COUNT, for uttering the same, knowing it to be forged.—Other COUNTS, varying the manner of laying the charge.
JOHN WESLEY BARNET . I am a clerk in the service of Edwin Leaf, who has partners—they are wholesale haberdashers and warehousemen, The prisoner is a draper, living at Halifax, and has dealings with our house—he was indebted to us in September last—I produce a bill of exchange which I got from him on the 7th of September—ho owed the firm between 300l. and 400l. at the time—one of our own bills on him had been due on the 4th, and was dishonoured, and returned on the 5th, and on the 7th he came and said he could not pay any money on account of that draft—he produced this bill, and said he could pay us that bill on account of the dishonoured draft—I took it up in my hand, looked at it, and said, "Mr. Latham, this is rather a large bill for a retail draper; who is Mr. Pearson who it was drawn on?"—he said, "Mr. Pearson is a regular customer of mine"—I said, "Does he owe you any thing besides this?"—he said, "Yes"—I said, "How much?"—he said, "Between 100l. and 200l. besides"—I said, "Why, Mr. Latham, this is a very large amount for you to trust a small tradesman in Sutton," as I supposed it to be—he said he bad traded with the man a long time, he had been regular in all his transactions with him, and it would be paid, he was certain, be bad no doubt about the account himself—I then took the bill, relying on it being duly paid when it became due—it was not paid—to the best of my belief, the handwriting on the bill is the prisoner's—I am well acquainted with his handwriting—I have seen it repeatedly—I do not know that I have seen him write—I have repeatedly received letters from him, and acted on them—I have not the slightest doubt of its being his, all but the acceptance, "Thomas Pearson"—that is quite a different character to the rest—I think the acceptance is his, with the exception of the signature—the bill was brought to me ready indorsed.
THOMAS PEARSON . I follow the farming business, and live at Sutton, near Doncaster. The prisoner is my cousin—this acceptance is not mine—I never authorised the prisoner, or any body else, to accept this bill for me—I never did accept, indorse, or draw a bill, to my knowledge.; nor authorise any body to do so—I was not indebted at the time the
bill is dated, to the prisoner 300l. or 400l., nor 3d.—I never had dealings with him to the amount of this bill, nor a larger amount—I was not aware there was such an acceptance in existence till I was called upon to pay it.
Cross-examined by MR. PHILLIPS. Q. You never owed the prisoner any money? A. Yes, I owed him a trifle of money, for things from the shop, sending for them—I never owed him any great amount at a time—I never owed him 50l.—I never accepted a bill in my life, to my knowledge—I will swear I never did, to my knowledge, accept a bill for any person—I do not think I could have done it, and forgot it—I know the prisoner's brother, Thomas—he lives at Fenwick—I never accepted a bill for him for any amount, I swear that positively—I never accepted a bill at Thomas's house for any body—I have known the prisoner draw bills in my name in four or five instances—I could not speak to the time—it is two or three years ago, I believe—I was applied to by Mr. Lawrence, of Manchester, as the acceptor of a bill—I was applied to for the payment of dishonoured bills both in Manchester and London—I was applied to by firms, but whether in London or Manchester I did not know—I was applied to by Mr. Duncan, of Halifax—that was so lately I did not forget it—I was applied to by Leaf, Cole, and Co., but not by Mr. Field, of Finchley, to my knowledge, so lately as September, 1839, and, I should say, not at any time—I will swear I had application from firms which I made no minute of—I do not recollect the name of Robert Clark and Son, but I was applied to by two or three firms before I put it down—I will not swear I was not applied to by them, but I do not recollect it.
MR. CLARKSON. Q. As soon as you had two or three applications you applied to your attorney about it? A. Yes, Mr. Coward—I replied to the persons who applied for payment of the acceptance, that it was not by my consent or knowledge, nor my handwriting—I replied to all the parties that they were forgeries, and wrote to the prisoner to reprimand him for his conduct—there had been several of these forgeries—I never paid any of them, nor do I know who did—they may all be paid for any thing I know—I was about to prosecute my cousin—I put it into the hands of my attorney to do so, and he took what steps he thought proper—Leaf, Coles, and Co., are a different firm to Leaf, Smith, and Co.—on my oath, not one of the acceptances I was applied to about were accepted by me, or by my authority.
CHARLES LEACH COWARD . In the latter end of December, 1889, or the beginning of January, 1840, Mr. Pearson applied to me—he brought me a letter he had received, in consequence of which, I went over to Halifax, and found the prisoner there—I told him I had come over to see him.
COURT. This does not apply to this bill.
(The bill, being read, was drawn by the prisoner on Thomas Pearson, of Button, payable at Joseph Dennison's, Esq. Banker, London.)
(George Swinbourn, of Falcon-square; and William Keetley, warehouseman; deposed to the prisoner's good character.)
GUILTY . Aged 42.— Transported for Fifteen Years.
730. WILLIAM HIDE was indicted for burglariously breaking and entering the dwelling-house of William Holl, on the 14th of January, and stealing therein 1 clock, value 5l.; 2 padlocks, value 2s.; and 2 keys,
JOHN BALLS . I am an upholsterer, and live in Oxford-street. The house, No. 17, Edward-street, Portman-square, belongs to me—it is used as the Marylebone Literary and Scientific Institution—the secretary and porter live in it. On Friday morning, the 14th of January, in consequence of information, I went there and found a dial had been taken from the theatre of the institution, and a rope from the lower part of the premises, which are occupied by me, and some padlocks from the barriers or avenues through which you pass to the theatre—I also missed two or three glass-holders belonging to the lamps—the clock and padlocks belong to me as one of the members, and the fixtures generally were mine—I had not seen the things for a long time before.
Cross-examined by MR. DOANE. Q. Do you let the house? A. Yes, it is my freehold—Mr. Harris, the treasurer, generally pays me the rent.
RICHARD LANGE . I am porter of the institution, and live on the premises—I went to bed on the Thursday night about twelve o'clock. On Friday morning, about twelve, I observed a trap lifted up between the seats in the theatre, which communicates with Mr. Ball's warehouse below—the whole of the house is let to the Institution, but not the ware-house—that is over a stable, and the theatre over that—the theatre is part of the house, but there is no internal communication between the stable or warehouse and the house—the trap-door is never used, indeed I never knew there was one there—it fastens underneath by two bolts—there is a separate entrance to the warehouse and stable—we have nothing to do with them—I missed the clock and other articles, which I had seen safe on the Thursday morning—the parties must have entered by the trap-door—I found no mark of an entry in any other place—the secretary, Mr. William Holl, and his family live and sleep on the premises—he has the second and third floors—he has nothing to do with the rest of the house.
WILLIAM CUMMING (police-sergeant D 3.) On Monday evening, the 18th of January, about half-past nine o'clock, I accompanied the witness Drakeford to No. 1, Manchester-mews, North, and saw the prisoner—I said, "I am a police-sergeant, I am come to apprehend you for stealing a rope-fall, the property of Mr. Balls, No. 170, Oxford-street; likewise on suspicion of stealing an eight-day dial, two gas-holders, and other articles, the property of the Marylebone Literary and Scientific Institution, No. 17, Edward-street, Portman-square"—I said, "I caution you—you need not say any thing unless you like, as whatever you say I must state on my oath before the Magistrate"—the prisoner then said, "I certainly did sell the rope, but I did not steal it, I bought it of a man named Davis, and gave 1l. 6s. for it"—I asked where Davis lived—he said he believed it was somewhere about Hampstead, or Hampstead-road—I then said, "I must search your room"—he said, "That you may do, you will find nothing there but my own property"—I searched, but found nothing concerning this matter—I then took the prisoner to the station, and on our way there we called at Mr. Alcock's, a builder, No. 4, North-street, Manchester-square—I showed the rope-fall to the prisoner, and said, "Is that the rope you sold Mr. Alcock?"—he said, "I did not sell it to that gentleman," meaning Drakeford, who is Mr. Alcock's foreman—Drakeford immediately said, "I paid you for it," and the prisoner said, "Yes"—next morning I went again to the prisoner's residence, and found there two
padlocks in a drawer in bis bed-room—the prisoner's wife lodged with him—the upper part of the house was occupied by lodgers.
Cross-examined. Q. What trade did the prisoner carry on there? A. I am not aware of his being any business, further than a porter—there was no shop there that I could see, or any thing like one—there was plenty of old iron in the lower part of the house, which is occupied as a mangling-place—that is in the area, quite out of sight from the mews—I took the wife into custody also—I took 13s. from her—I gave it her the next day, or the next examination day—I cannot say exactly—I will swear I gave it her the next day—it was in the presence of the gaoler at High-street police-court, and Mr. Robinson, the prisoner's solicitor—it was not to her I gave it.
Q. Did you not tell me you gave it back to her the next day? A. I said it might be the next day, or the next examination day—I did not give it back to her at all—I may have said that I did—I think I did say so—I did not understand your question—I took 6d. and 4d. out of the drawer, and kept it—he was not charged with stealing 6d. and 4d.—I took 9s. from the prisoner—I first went about the rope-fall in consequence of what Drakeford told me—the prisoner's house is about a quarter of a mile from the Institution—I did not hear the prisoner say he had bought the rope and other things.
COURT. Q. Did you produce the money you found before the Magistrate? A. I did on the second examination day, I believe—I produce the two padlocks and two keys tied to them with a piece of cord—that is just as I found them.
RICHARD LANGE re-examined. I know these padlocks—I have had them in my use upwards of two years and nine months—I am certain of them—they are the same that were missing, and the same piece of string is still attached to the keys as when 1 first came to the place.
MR. DOANE called
GODFREY LANGBELL . I live in North-street, Marylebone—I have known the prisoner eight years, and believe his character to be honest. On the 16th of January, he called on me, but I was not at home at the time—I afterwards went to his house, and saw this rope in the passage, where any body going in must have seen it—he asked me to buy it—hie wife is a laundress, and they keep a mangle.
WILLIAM DARKEFORD . I am foreman to Thomas Alcock, a builder, in Welbeck-street. On the 16th of January, Langbell asked me if I wanted to buy a rope-fall—I said I did not, but a rope was of no consequence, if he had a good one to sell, I would look at it—he said he knew a party who had—I went with him to the prisoner's house, and saw it in the passage—he asked 2l. for it—Mr. Alcock afterwards bought it of him for 35s.—I went to the prisoner on the Monday evening following, in consequence of what I heard, and asked him where he had got the rope—he said he had bought it of a man named Davis, who lived somewhere in the Hampstead-road—he did not say he had bought other things of him—he did not say he had bought some things for his son, and among others this rope-fall.
NOT GUILTY .
JOHN HILL . I am in Mr. Balls's employ. On the Friday night I heard of this rope being missed—I had seen it about ten weeks before—I knew it again when I saw it at the police-office on the Tuesday following.
WILLIAM DRAKEFORD . I am foreman to Mr. Alcock, a builder. On the Monday evening I went to the prisoner to know where he bad bought the rope—he said of Davis, in Hampstead-road—the prisoner brought the rope to Mr. Alcock's premises about ten o'clock in the day, which is within about a quarter of a mile of the institution.
WILLIAM CUMMING . I am a policeman. I found the rope at Drake-ford's. I pointed it out to the prisoner, and asked if it was the rope he had sold to Mr. Alcock—he said he did not sell it to Drakeford, but be had paid him for it.
NOT GUILTY .
First Jury, before Mr. Common Sergeant.
732. THOMAS WALL was indicted for stealing, on the 4th of January, 8 boxes, value 2l. 10s.; 2 chests of drawers, value 5l. 10s.; 7 chairs, value 1l. 14s.; 2 tables, value 1l. 10s.; 3 beds, value 9l.; 1 clothes-horse, value 5s.; 1 clock-case, value 2l. 10s.; 1 mattress, value 2l.; 6 knives, value 10s.; 1 tea-pot, value 15s.; 1 basket, value 5s.; 1 looking-glass and frame, value 15s.; 1 saw, value 5s.; 23 spoons, value 5l.; 1 punch-ladle, value 1l. 10s.; 1 cream-jug, value 1l.; 10 blankets, value 5l.; 2 quilts, value 3l.; 4 dishes, value 10s.; 6 plates, value 3s.; 1 hearth-rug, value 10s.; 1 fender, value 9s.; 1 set of fire-irons, value 7s.; 2 tea-trays, value 7s.; 24 towels, value 12s.; 12 table-cloths, value 1l. 16s.; 12 cups, value 3s.; 12 saucers, value 5s.; 1 tea-pot, value 3s.; and 2 basons, value 3s.; the goods of Charles Joseph George.
MR. BODKIN conducted the Prosecution.
CHARLES JOSEPH GEORGE . I am a cabinet-maker, and live in Smith-street, Birmingham, next door to the prisoner, who is a tailor. Our families were acquainted—he sometimes came to my house, and I sometimes went to his—I am married, and have no children—he is also married, and has one child, which has died since this—on the 30th of December I received a letter, which I have here—I do not know whose hand-writing it is—in consequence of that letter I went to Wolverhampton, which is about twelve miles from Birmingham—I did not find the person I expected, and who I supposed to be the writer of the letter—I went away from home at a little before eight o'clock in the morning, and returned a little after four in the afternoon—I then found almost all my furniture gone, and my wife also—there was nobody in the house—I went into the prisoner's house, and found he was not there—I got information, and between eleven and twelve, that same night, went to Messrs. Pickford's, the carriers, in Birmingham, and found my property there, all packed up, and directed to "Thomas Wood, London, to be left till called for"—I saw articles among them, which I knew to belong to the prisoner—there was a bureau bedstead of his, and a bed of mine inside it, and other things mixed in the same
way—on the following morning I started by the train from Birmingham, and when I got to Hampton, about ten miles from Birmingham, as I got out of the train there, I saw the prisoner just coming down from Hampton with a young man—I collared him and accused him of stealing my property, and running away with my wife—he said he had nothing at all to do with it, and knew nothing about it—I gave him in charge—he was taken before a Magistrate at Birmingham, but having no evidence to support the charge he was dismissed—I then went to the station to stop the property from going to London, but it was gone—I came up to London that evening by the train—I arrived here on the 2nd of January, and went directly to Pick ford's warehouses in the City-road—I found that my goods had all arrived there—I got an officer, and went with him on the Monday morning to Pickford's—I found my goods still there, and while I was inquiring about them my wife came in—I came out soon after, and found the prisoner in a street just outside the warehouse, walking backwards and forwards—I pointed him out to the officer, who took him—I then examined the property at Pickford's, and found the articles stated, which are my property, and other things belonging to the prisoner—a fender and fire-irons of mine were paeked up in a sofa of his—a chair and basket of mine were packed up with two chairs of his—the things were intermixed in that way—the parcels were all directed, "Mr. Thomas Wood, London, to be left till called for"—both his goods and mine—the knives were wrapped in a parcel directed to "Mr. Wall"—I work at my own house in a shop adjoining—some things might have been taken a day or two before and I not miss them.
Prisoner. Q. Do you believe in the book you are sworn on? A. Yes, I do believe in the authenticity of this book—if I belonged to a society, five or six years back, what has that to do with it?—I do not belong to any society now—I never denied the Scriptures in my life—I never said I did not believe God would be so foolish as to entrust a poor weak man to write such nonsense as is in the Bible—when I went into your house, after missing my furniture, I saw your wife, and asked if she knew any thing of my furniture, as the house was nearly stripped—she said she knew nothing at all of it, and she came in, and seemed completely struck—I asked if she knew where my wife was—she said, "She is gone out to tea, I believe"—I went to where I thought she was, but she was not there—I returned, and told her, and then she said she had missed you all day—I asked the Magistrate to remand you till I could seek for evidence to prove you had something to do with it—the Magistrate told me to go into a private room to search my wife, to see if she had any thing in her possession, and when I came out I did not see you again—I understood you were liberated—you were not taken into any room to be searched to my knowledge—you were searched in a room in my presence, but not in a private room—I do not remember seeing any ring—the officer took 2l. 15s. from your pocket, and he said, "Give the poor devil that, that is all he has got," and he gave you the money back—the officer did not come before the Magistrate with the things found on you and ask me to identify them, to my knowledge—nothing was found on you that I identified.
Q. Did not the Magistrate tell you you had better go to Pickford's, and take your goods, and you consented to it, and I was discharged? A. I did not
consent to any thing of the kind—the Magistrate said, "Go to the station, and claim your goods," but they were gone.
HENRY BISP . I am a carter at Birmingham. On the 31st of December, I went to Mr. George's house with my cart, and got several boxes and goods from there—the prisoner and Mrs. George gave them to me—while the cart was being loaded a policeman went by, and then they shut the door—after he had passed it was opened again, and I was ordered to go on—I took the goods to Taylor's warehouse, in Warwick-street—Mrs. George and the prisoner ordered me there—they were both present—I left them there—the prisoner came there just as I had unloaded the cart, and gave me 4 1/2 d. to get some drink, which he said was all the money he had got—William Taylor and Thomas Hill went with the cart that day—I saw the prisoner put "No. 27" on one of the packages—nobody else was doing any thing with them while I was there—they were afterwards removed in our van to the railway station, to Pickford's warehouses—the prisoner ordered me to take them there, and he gave me 1s. to get some ale—I went to a public-house in Canal-street, and was to wait there till he came to us—I waited about half an hour; he then came with a clothes-horse in his hand, which was put with the rest of the things when they were unloaded at Pickford's—the prisoner told me to take them there, and he asked the clerk when they would go—I believe they said at half-past one o'clock—this was about seven—there were twenty-seven lots numbered, and he asked Pickford's clerk to make a ticket, No. 28, for the clothes-horse—I cannot read, and do not know the direction.
Prisoner. Q. Did you see me at Mr. George's that night? A. Yes—the policeman was going by, and either you or Mrs. George slammed the door to—it was Monday or Tuesday night—Mrs. Taylor was in the house at the time, but she did not say any thing to me about it—it was not Mrs. Taylor that shut the door, because she was outside—I recollect putting a box of books into the cart—you helped me in with a package, because Mrs. George was not strong enough—you helped me in with several boxes—you gave me the box of books which tumbled out of the cart—you helped with some, and Mrs. George helped with some others—Mrs. Taylor did not give me the 6d.
WILLIAM TAYLOR . I live at Birmingham. Some of these things were left at my mother's house a short time—the prisoner helped to load the cart with the goods—I do not remember who fetched the cart—I saw him first at his own house on the Monday night—on the Thursday morning I saw him by the side of the chapel, about half a mile from Mr. George's—he told us to stop till he came and met us—our cart was not loaded then—he asked why we did not bring more help—we had the cart with us—he fetched more help, came back, and told us to go on to Mr. George's house, which we did—he did not go with me—I got the things loaded there, and took them down into our yard—the prisoner afterwards came down there with a clothes-horse—I believe the young roan who helped to load had that—at night the things were taken from my mother's to the station, the prisoner carried the clothes-horse to the station, and asked the book-keeper to make him a ticket for that as high as twenty-eight—there were twenty-seven packages besides the clothes-horse—I have been to Pick-ford's, in the City-road, and seen the twenty-seven packages—the prisoner said in reference to a chest-of drawers, "Please to mind and not
have these scraped, for they are favourites of mine"—I was present when Mr. George saw the goods.
Prisoner. Q. You said at the office you did not see me that morning. A. No, I did not—I saw you by the side of the chapel—you carried the clothes-horse, and walked behind the cart about two hundred yards, and you gave a boy 1s. to get something to drink—we stopped at the public-house—you came there, and said, "Where have you been? I have been looking for you a long time"—you told us to go to the public-house and have something to drink—I have not had any thing given me to tell this tale—I have not been bribed to tell it—nobody has made it up for me—I am sure I heard you say to Pickford's man, "Please make me a ticket for this, No. 28"—I was standing at the top of the stage at the time when you were having the things booked—I am sure you were there at the time—directly you had all the goods booked, you went off saying, "You can go and get something with that sixpence."
JOSEPH HAYES DEAN . I am clerk at Pickford's railway station at Birmingham. On the 31st of December, at half-past six o'clock in the evening, the prisoner came to send some goods to London, and asked the freight—I told him 4s. a cwt.—the goods were brought in a wagon—the witness Taylor was with them—the prisoner had a clothes-horse in his hand, and asked me to write a direction to put on it—I told him it would go safe if I entered it—there were twenty-seven other packages, all directed in numbers to Thomas Wood, to wait his order in London—I asked him to pay the carriage—he did not pay me, and they went up unpaid—it is usual to give a receipt for goods sent up—I asked him if he would take a receipt—he said, "Yes"—he came for one—I said I could not give it him till I saw all the goods out of the wagon—he would not wait for that, but started off immediately—I have since seen the twenty-eight packages of goods in London, in Pickford's warehouses—they were sent off by his order—part that night and pan the next.
Prisoner. Q. Did you tell me what time they would go away? A. No.
PENELOPE ATTERBURY . I live at No. 13, Charlton-place, Islington. On the 2nd of January, the prisoner came to my house accompanied by a female, who I have since ascertained to be the prosecutor's wife—I saw her at the police-office in the presence of her husband—the prisoner and her came to take an apartment—the prisoner spoke principally about it—I had a ready-furnished room to let, which I showed them, and they eventually took it—I asked for a reference—they said they could not give one, but they would pay a week in advance as long as they staid—they came into the room, and lived in it as man and wife—they slept together—there was only one bed in the room—they gave their names as Wilson—they remained there till Monday the 4th—they both went out that day, and he was taken into custody, as I afterwards heard—they slept there Saturday and Sunday.
CHARLES JOSEPH GEORGE re-examined. A clothes-horse was among the things taken away from my house—I have since seen it at Messrs. Pickford's—I was shown it by Taylor, the wagoner's lad—two chests of drawers were also taken, one of which I made myself—my wife was at the police-court when Mrs. Atterbury was there—it was stated that she was my wife.
GUILTY . Aged 26.— Transported for Seven Years.
733. JOHN KNOTT was indicted for breaking and entering the shop of Nathaniel Summers Pearce, on the 10th of January, at St. Clement's Danes, and stealing therein, 5 coats, value 5l.; 13 waistcoats, value 6l.; and 6 pairs of trowsers, value 3l. 10s.; his property.
MR. DOANE conducted the Prosecution.
NATHANIEL SUMMERS PEARSE . I keep a hair-dresser's shop in St. Clement's Danes, opposite the church. On Sunday night, the 10th of January, I left the shop—I only rent the shop—it is Mr. Wyatt's house—there are several lodgers—I fastened up my shop about half-past six o'clock, and locked the shop-door—next morning, about half-past seven, I went there again—I found the door locked, but on unlocking it I found all the articles stated gone—they had hung on the door—I received information from Mr. Wyatt, and afterwards saw the waistcoat now produced—it is one of those I left in the shop—it was on a rail when I left it, not on the floor—there was another waistcoat on the floor.
Cross-examined by MR. HORRY. Q. All your things were not gone? A. No, some were left—the door opened easily with the key.
JOHN WYATT . I live with my mother, who keeps the Sun public-house in Clement's-inn, foregate. On Sunday night, about half-past eleven o'clock, I observed seven or eight persons drinking at the bar—my attention was directed to them particularly—two or three left together, then returned again, and then they went away, leaving one behind—in consequence of something I heard, I went out to Mr. Ptarse's after the last one left the bar—I saw the shop-door on the jar—I ran to the door and laid hold of the handle, and as I pulled from the outside, I fancied somebody was pulling from the inside—I kept my hold about five minutes—Slade, a policeman, came—I told him to hold the door while I got assistance—we afterwards went in, and found the prisoner in the shop—he was one of those who had been drinking in my house—next morning I saw a crow-bar produced.
Cross-examined. Q. How long were the men drinking there? A. Nearly ten minutes, I think—two went out, and then three, at a time, and returned again—nearly ten minutes elapsed between their coming in and going out together—directly the last one left, I went to Mr. Pearse's—I saw the other parties standing on the opposite side of the way, peeping round at me—they were persons who had been in my house—they stood over there the whole time I had the door in my hand—the prisoner said he had found the door open, and went in to be shaved—he did not say so at first—he did after he was remanded to Bow-street—he said nothing till the policeman spoke to him, and then he said, "I came in to be shaved"—I never said that when he was taken he said be found the door open and went in to be shaved, nor any thing of the sort—there was no light in the shop when I first went in—nothing was found on him to get one with—I got one.
MR. DOANE. Q. Had he any beard? A. I do not think he had—his companions were near the shutter-place of Mr. Witherick's, the pastrycook, and could have put any thing in where the jemmy was found—when the prisoner came out I fastened the door close—there was a latch, which was shut to.
ISAAC SLADE . I am an officer. I cnme by while Wyatt was holding the door—I went in with him and found the prisoner—I picked up this waistcoat lying close to his feet—I received this jemmy on the following
morning from Wyatt—I compared it with the door of the shop, and it fits exactly the marks on the door-post and the door—it was a very deep impression on the door.
Cross-examined. Q. How was the crow-bar applied? A. To force the door open—I do not think there would be much trouble to do it—when I first went into the shop I asked the prisoner what brought him there—he said he came in to get shaved—I do not recollect his saying that be saw the door open, and called in to get shaved—I recollect hit saying he came in to get shaved—that was the first answer he gave—he said before the Magistrate that he found the door open, and called in to get shaved, and he said he was drunk, but he was not—he did not say in the shop, that as he was passing by he saw the door open—I swear that—(looking at his deposition)—this is my signature.
(The witness's deposition being read, stated—"I saw the prisoner standing in the centre of the shop—I asked him what brought him there, and he said as he was passing by the shop he saw the door open, and called in to get shaved.")
Witness. I have no recollection of stating that—I found nothing on the prisoner but a knife.
ROBERT WITHERICK . I am a confectioner. My shop-front is in the Strand, my shutter-box is in the foregate, St. Clement's, nearly opposite the prosecutor's shop. On Monday morning, the 11th of January, I was removing my shutters, and after putting up the second shutter, I heard something fall, and found this crow-bar—it fell down on the ledge—I gave it to Saers.
GUILTY . Aged 20.— Transported for Ten Years.
JOHN MILLER . I am a baker, in Broad-street, Ratcliff. The prisoner was in my service—he collected money, and carried out bread—he has not paid me 3s. from Mary Barton on the 18th of January, nor 6s. from Louisa Bentley, nor 4s. 11d. from Elizabeth Payne—it was his duty to pay me when he received the money.
Prisoner. Q. Did not my fellow-servant agree to make this money up for me?A. No—you and he both absconded, and did not give me an opportunity of paying you your wages.
Prisoner's Defence. When I came home from work I went out with a stale loaf to a customer—I went to look for my fellow-servant, but could not see him; I spent a shilling or two of my master's money; I met my fellow-servant, and he told me he and master had made it all up.
GUILTY . Aged 19.—Recommended to mercy.— Confined Two Months.
NEW COURT.—Saturday, February 6th, 1841.
Sixth Jury, before Mr. Recorder.
735. MARY TURNER was indicted for stealing, on the 22nd of January, 1 sheet, value 3s.; 1 1/2 yard of flannel, value 1s. 6d.; 1 shift, value 2s.; 6 napkins, value 1s. 6d.; and 1 pillow, value 2s.; the goods of William Richardson.
WILLIAM RICHARDSON . I am a labourer in the London Dock, and live in New Gravel-lane. The prisoner nursed my wife in her confinement—she was intoxicated during her attendance on Thursday, Friday, and Saturday, the 21st, 22nd, and 23rd of January—on the 23rd I paid her 8s.—in consequence of something my wife said, I went the next day, about five o'clock in the afternoon, to the prisoner's house, and requested her to come to my house—she said she would come in five or ten minutes—she came down in two hours and a half, and I inquired after some things that were missed—she went into the back room with my wife—while I went for an officer, she started away—these are some of the things.
JAMES ROOKES (police-constable, K 245.) The prisoner was given into my custody—she said she was very sorry for what she had done; she had pledged the sheet, but the pillow she knew nothing about; the remainder of the things were at her daughter's—I went to No. 6, Elbow-lane, and found the shifts and six napkins under the bed.
HENRY WELDING . I am a pawnbroker, in Shadwell. I produce a child's blanket, pledged on the 22nd of January, by the prisoner, in the name of Ann Kebon—I knew her by that name previously—I never served any other person by that name—I have no clear recollection of this transaction—if it was not her, it was some one who assumed that name—this is the duplicate—(koking at it.)
WILLIAM WALTER WILMIN . I am assistant to George Smellie, a pawnbroker, in High-street, Shadwell. I produce a shirt which was pledged by the prisoner—I am sure of her person—we have no other person pledging in the name of Mary Turner—I remember the transaction.
MARY DOUGLAS . I am the wife of John Douglas. I was called to search the prisoner, at King David-lane station, on the 23rd of January—I asked if she had any tickets about her—she said, "No"—I found the ticket of the child's blanket in her pocket, pawned with Welding.
Prisoner. I acknowledge pledging the shirt and blanket, but the napkins I got out, and should have got the others out; I bad no intention of stealing it—had I been in my senses I should not have done it.
GUILTY . Aged 48.— Confined Six Months.
736. HENRY JOHNSON was indicted for stealing, on the 24th of October, 95 purses, value 15l.; and 240 pairs of garters, value 15l.; the goods of £ Edward Keily, his master; and that he had been before convicted of felony.
EDWARD KEILY . I am a traveller, in the employ of Collins, Brown, and Co., of Snow-hill, and live in St. Martin's-place, St. Martin-le-Grand. I received a parcel of goods to take to customers in the City—I had them several days—I did not dispose of any in the City—on the 24th of October I was about to proceed to the West-end of the town with them—I went to a public-house in Noble-street, and while at the bar, speaking to a friend,
the prisoner came, and called for some beer, and put down a halfpenny to pay for it—I observed to him, "That is a small portion you will get for a halfpenny, my boy"—he said, "Yes, but I have got no more money"—I said, "Take back the halfpenny, here is a penny for you, have a little more"—he said, "Thank you"—I said, "Are you out of employmentt?"—he said, "Yes"—my friend said, "What is your name?"—he said, "Penny, Redcross-lane, Cripplegate"—my friend said, "What, is your father John Penny?"—he said, "Yes"—my friend said, "If that it your name I know your father"—I then proposed to him to take my parcel for me—he said, "Yes, and thank you"—I said, "If you will take it to Oxford-street I will give you 6d."—he said, "I have had no breakfast"—I said I would give him something to eat on the way—he then walked with me from Noble-street to Skinner-street, where the warehouse is—I went in and had a few minutes' conversation with a fellow-traveller—I came out, and found him with the parcel, all correct—I went on a little further, and met a friend nearly opposite Hatton-garden—I spoke to him, and when I turned round, to my astonishment, the prisoner was gone, with the parcel containing the articles stated in the indictment—it was about two feet square—they were worth about 30l.—I expect I shall be obliged to make good the loss to my employers—that is our understanding—I had told the prisoner to walk by my side, and to keep in sight of me.
Cross-examined by MR. PAYNE. Q. Did you offer to take him as an errand-boy? A. I told him if he was a good boy most likely I should be able to give him constant employ—I am in the habit of employing others on my own responsibility—I am quite sure the prisoner was to carry the parcel by my side—I told him if he walked fast, and Was a good boy, I would give him employ—I said I was in a hurry to get to Oxford-street—I did not see him again till the 9th of January—I offered 5l. reward, and gave a description of the party—the landlady of the house served the prisoner with the beer—she is not here—I swear positively that the prisoner is the person—I had never seen him before, to my knowledge—I did not know him before that morning—I saw him at the station on the 9th of January.
JURY. Q. Did you apply at the address he gave you? A. Yes, and he was not known there.
JOHN M'GEARY . I live in Cook-square, Noble-street. On the 24th of October I was in the William the Fourth public-house in Noble-street—I saw the prosecutor there—he had a brown paper parcel tied with string—the prisoner came in to get a halfpenny-worth of beer, and Keily gave him a penny to get half-a-pint of beer—conversation then took place between them—he was to carry the parcel to Newman-street, Oxford-street, and Mr. Keily was to give him sixpence—he said he had had no breakfast—Mr. Keily said, "If you will be quick, I will give you refreshment on the way"—I put the parcel on the prisoner's head—I am sure he is the boy—I might have seen him before, but not to my knowledge—my attention was called to him well—I asked him who he was—he said his father was John Penny, a bricklayer—I went to John Penny, a bricklayer, the next morning, but he had no eon of this description.
WILLIAM WISHART . I am a stockmaker, and live in Jubilee-place, Commercial-road. I was at the bar of the William the Fourth, in Noble-street, on the 24th of October—I saw the prisoner there, standing at the bar—I am sure of his person.
Cross-examined. Q. What time was this? A. Between 10 and 11 o'clock, I was getting some beer—I am between 16 and 17 years old—the prosecutor and his friend were there—I had not seen the prisoner before.
WILLIAM HORSNELL (police-constable G 172.) I met the prisoner on the 9th of January in Shoreditch—I told him I wanted him to go with me for stealing some purses—he said, "It is not I"—I said, "You must go and see whether it is you or not"—he flung himself on the ground, and two or three persons came up to try to get him away—I took him to the station—he said he worked for Mr. Claxton, in Holborn—I could not find such a person, and told him he should go with me to Mr. Claxton's—he then said, "I don't work there, I don't work any where"—I found 10s. 10d. in silver, and 4d. in copper on him.
Cross-examined. Q. Did you at any time take him to the public-house? A. Yes, that was just before Christmas—I showed him to the landlady, and then let him go—I was not aware then that there was any body else who could recognise him.
HENRY SINGER . I am a labourer, and live in Burdett-street, Walworth. I know the prisoner—I was present in this Court when he was tried on the 13th of May, 1839—I produce a certificate of his conviction, which I got from the clerk of this Court—I know the prisoner to be the same person—I was a witness on that trial—(read.)
GUILTY . Aged 15.— Transported for Ten Years.
MR. PRENDERGAST conducted the Prosecution.
JOHN CHADWICK . I am a buyer of hosiery for Messrs. Morrisson, of Fore-street. I made some purchases of Mr. Cotton, a hosier in Nottingham, and on the 22nd of December I received five hampers in Milton-street, near Fore-street—they contained from 80 to 130 dozen pairs of stockings each—there was no invoice with them—that came by post—the hampers were numbered—among them was one No. 29—it ought to have contained 52 dozen of No. 7, and 69 dozen of No. 8, of women's cotton stockings—there was a deficiency of three dozen in the paper marked No. 8—the woven mark on the stockings was No. 300—I did not ascertain the quantity that was in the hamper till after the policeman came, which was, I should think, about the 25th or 26th of December—I can undertake to swear that the hamper was in the same state when I looked at it as when it came to our house—the hampers were removed, but none of the goods removed from them—these articles were at the top of the hamper, under the lid.
Cross-examined by MR. PAYNE. Q. Were they under your eye all the time? A. Yes—I did not observe No. 29 in particular—they were all rather loosely corded—after the policeman called I examined it, and it appeared loose—the whole property in the hamper was worth 60l.—the three dozen pairs were worth about 1l. 14s.
JOHN COTTON . I am a stocking manufacturer at Nottingham. In November last I sold some goods to Mr. Chadwick for the house of Morrisson—I put up among other things 69 dozen of women's cotton stockings—the woven number on them was 300—that is to distinguish our own manufacturing—each manufactory has its own particular number for particular kinds of goods—these stockings were enclosed in a paper parcel marked
No. 8, and the hamper was No. 29—I looked to the packing of this hamper—there were 69 dozen of this particular sort in that hamper—there was a mistake in directing the hampers, and they were directed to Messrs. Person's.
Cross-examined. Q. When was it you sent them up? A. They left me on the 18th of November—I have seen some of them since, in possession of Restieaux, the officer.
COURT. Q. Can you speak to those as part of those you packed in No. 29? A. I can—those which were found on the prisoner are part of them—I know them by the mark on the paper, and by the make, and by the stamp on them, which is peculiar to myself.
JOHN GOOD , I am warehouseman to Messrs. Person, and Co, in St. Paul's churchyard. I received some advice from Mr. Cotton of some goods, and we received five hampers—from some advice which we afterwards received, we sent them all back to Messrs. Pickford's—they had never been opened in our place at all—they were directed to us, and I tore the direction off.
Cross-examined. Q. Where were they placed when they came to your premises? A. In the open warehouse—they were there about a fortnight—they were never opened during that time—we had four other hampers there—they were not touched—these hampers were sent back in the same state in which they came, as far as I know.
CHARLES WTATT . I was clerk to Messrs. Pickfords. I remember five hampers coming to their warehouse on the 18th of December, which had been to Messrs. Person's—I saw them on the 18th, and they were in good condition—it was part of my business to remark if the packages were disturbed, and I should have marked it in the way-bill—these hampers were sent round to what we call the order warehouses on the 19th—on the 18th they remained on what is called the receiving bank, which is a raised part for goods—the prisoner was in the employ of Messrs. Pickford in the up side, in which things come from the country—those goods which are to be delivered in town are put into the wagon, and the others in the order warehouse—it would be the prisoner's duty to have them sent there, and
he had access to the warehouse.
Cross-examined. Q. That is to say, the door of the warehouse was not locked? A. No—the prisoner's business would carry him to the ware-house—there is always a gatekeeper to see that persons do not carry things away without a proper pass.
MR. PRENDERGAST. Q. Do you mean every person is examined? A. No person is allowed to take out a parcel.
WILLIAM KEMP . I remember the five hampers being in Pickford's order warehouse—I saw them there on the 19th of December—the prisoner was employed there that day—I saw him about seven or a quarter-past seven o'clock that evening—it was his business to go to the order warehouse—there is a place called the bank—the prisoner was generally employed there—that is about fifteen or sixteen yards from the order warehouse—he would have occasion to go to the order warehouse—I have two ware-houses there, and am frequently obliged to be away from the order ware-house—the prisoner quitted from eight to half-past eight.
Cross-examined. Q. What length of time were you absent from the order warehouse? A. Sometimes a quarter of an hour, or half an hour—I
have known the prisoner nine years—he was brought up from a boy there.
GEORGE JOHN RESTIEAUX (police-constable E 49.) On Saturday evening, the 19th of December, I was in Church-street, St. Giles's, about a quarter-past nine o'clock. I saw the prisoner and two others in company—in consequence of something I observed, I went up to the prisoner—he seemed confused—he had a bundle under his arm—I stopped him, and the other two made off in the direction of Oxford-street—I asked the prisoner what he had got—he said, two coats, which were his own, and had been so for six months; and if I would go to Pitman's-buildings his wife would prove it—I produce the coats—they are old, and appear to have been worn by some gentleman, being of a superior make—one of them is a frock-coat, and the other a close body-coat—I took him to the station, and in his trowsers I found this packet of stockings—I said, "What have you got there?"—he said, "They are stockings"—I said, "Is it any use going to your wife?"—he said, "No—she knows nothing at all about it—I found them"—in going to Hatton-garden on the Monday, he said he picked the bundle up in St. Luke's churchyard on Saturday night, the coats tied in a handkerchief, and the stockings tied at the top of the bundle—Saturday night was wet and sloppy, and the bundle was quite clean—I found on him two knives and some papers belonging to Mr. Fickford, which led me to make inquiries.
RICHARD BROUGHTON . I am shopman to Mr. Thnrsfield, at the corner of Han way-yard, Oxford-street. On Saturday, the 19th of December, about nine o'clock, I heard a rustle among some boards, which have play-bills on them, at our door, and I saw something thrown into the shop—as soon as I had done serving a customer I went and picked it up—it wast paper parcel—Mr. Thursfield gave it to the policeman.
(Alexander Moore, a boot-maker; Thomas Spraggs, a milkman; William Pry, a baker; and John Farmer; gave the prisoner a good character.)
GUILTY . Aged 22.— Transported for Seven Years.
LOUIS KYEZOR . I am a silversmith, and live in Tottenham-court-road. On the 21st of January, about two o'clock in the day, the prisoner Dawson came into my shop, and offered me this silver table-spoon for sale—I asked how he came by it, and he acknowledged getting it at Green's hotel, Lincoln's Inn-fields—he said he found it amongst the dust—I asked him how he came to bring it away, being valuable property—he said it was their perquisite—I saw the other prisoner looking in at the window, and asked Dawson if that was his companion—he said it was, and I ordered him to call him in—I then asked Crocket if he knew where this spoon was found—he said, "Yes, amongst the dust"—I then asked how the spoon became
bent—Dawson said, he had bent it in that way—I called in an officer, and gave them in charge.
WILLIAM DARLASSON . I am waiter at Green's hotel, Lincoln's Innfields, kept by Mr. James Green. This is his spoon—the spoons there are in my charge—the prisoners were employed there to fetch away the dust—about half-past seven o'clock in the morning, the woman, in the hurry of business, had swept this spoon amongst the rubbish, and it was put into the dust—it was not missed till it was brought by the officer, about two in the day—the spoons are put into an iron-safe at night, but the man who has charge of the plate neglected to count it that night, or it would have been missed—it had been used over night, in the room No. 32, which is on the ground-floor, twenty yards from the dust-hole, which was the only place to which the prisoners had access at that time in the morning when they were there—this spoon must have been carried from No. 32, and been thrown off the plates in some way into the rubbish, and thrown with it into the dust-hole the next morning.
CROCKET— GUILTY . Aged 22.
DAWSON— GUILTY . Aged 25.
confined Three Months.
MATTHIAS BUCKLEY . I am a porter, and live in Terrace-court, Chelsea. On the evening of the 1st of February I was on my way from Holborn to Knightsbridge, I cannot say which way I went, but I know I went Piccadilly way, and I met with the prisoners in a public-house before I got to Piccadilly, and sat down there, and drank—I bad taken a drop, off and on as I walked along—I had not had a great deal to drink—I was a stranger, and was inquiring my way to Knightsbridge—I had been in two public-houses—I bad four sovereigns and a half in my pocket, in the public-house where I met the prisoners—I can prove to have had four sovereigns at the time I sat in their company—I cannot ascertain whether I changed the half sovereign or not—Brown said to me that I had put my money into my coat-pocket—I took it out, and put the four sovereigns into my waistcoat pocket—I wore my apron at the time as I do now—after a little bit I said it was time for me to be starting for home, and I wanted to go to Knightsbridge—the prisoners said that was their way, and they would go with me—we started, and Brown laid hold of my right arm, and the other prisoner walked on the left side—when we got to Knightsbridge we went into another public-house, which was in my way home—I there felt for my money, and missed it—I accused them of it, and gave them in charge—in Sloane-street I beard a sovereign, as I thought, drop on the pavement—I looked round and saw one of the constables pick it up—I saw the constable take from the inside of Brown's collar three sovereigns—I had 8s. 6d. in silver, and 2d. in copper in my trowsers pockets.
Cross-examined by MR. CLARKSON. Q. What time was this? A. bout six o'clock in the evening when I went into the house where the prisoners were—I was not drunk—I was able to vindicate my own cause.
eight and nine o'clock in the evening of the 1st of February—he charged the prisoners with robbing him of 5l.—I told him to examine his pockets, and see that he was right—he wished me to look—I put my hand into his right-hand breeches-pocket, and he had 8s. 6d. in silver and 2d. in copper—he then said he had lost four sovereigns and a half—I took the prisoners, and in going down Sloane-street I saw Brown put his hand into his waistcoat-pocket and put something into his coat-pocket which rattled like sovereigns—I then saw him take something from his coat-pocket and put it in his neck—I went on, and saw another constable—I told him to take Behanna, and at that time Brown dropped a sovereign on the pavement—I found three sovereigns and a half in Brown's shirt collar—Behanna had only 1s. on him.
(Brown received a good character.)
BROWN— GUILTY . Aged 22.— Confined One Year.
BEHANNA— NOT GUILTY
GEORGE LEE . I am a journeyman butcher, in the service of Mr. Smith, of East-lane, Walworth. On the 2nd of February I went to Lead-enhall—market—I left my horse and cart in Gracechurch street—my great-coat was in it—I was away three or four minutes, and my great-coat was gone—a policeman produced it in the evening, and I identified it—this is it—I missed it a few minutes after eight o'clock in the morning.
WILLIAM WHICHER (City police-constable, No. 619.) I saw the prisoner in Bishopsgate-street, with this coat under his arm, on the 2nd of February, about a quarter before eight o'clock in the morning—I asked where he got it—he said, from his brother, and he was going to Cambridge—I took him to the station, and in the afternoon I found the prosecutor.
JOHN ANDERSON . I am clerk of Giltspur-street prison. I know the prisoner well—I was present on the 12th of August, 1839, when he pleaded guilty to a charge of stealing a sovereign—I produce a certificate of his conviction from Mr. Clark's office—(read.)
GUILTY .* Aged 20.— Transported for Ten Years.
741. MARY HAMBLETON was indicted for stealing, on the 28th of December, 18 cups, value 4s. 3d.; 2 basins, value 2s.; 18 saucers, value 4s. 3d.; 3 jugs, value 3s.; and 1 tea-pot, value 2s.; the goods of George Smith.
GEORGE SMITH . I sell crockery-ware, and live at Twickenham. On Monday, the 28th of December, I left my pony and van outside the barracks beer-shop, at Hounslow, kept by Beacham—I afterwards missed the things stated in the indictment—the china was in a basket in the van—the tea-pot was in the van, and some other things on it.
GEORGE SMITH, JUN . I am thirteen years old. I recollect my father stopping at the beer-shop—I stood by the van some part of the time—I saw the prisoner's brother lean his head over the wheel—a man came out and asked what he wanted there—he said he was sick—the prisoner does not live far from where we stopped—it may be two or three hundred yards
—she is single—I went away—we were in the beer-shop two or three hours, so that any one might have plundered the cart—I saw nothing of Chapman near the van.
WILLIAM GRIFFIN (police-constable T 117.) I went to the prisoner's house on the 12th of January—it is within eighty or ninety, yards of the beer-shop—she came to the door—I asked if she was aware that Mr. Beacham had lost a pair of candlesticks—she said yes—I said, was she aware of the china that was lost out of Mr. Smith's van—she said yes, she had heard of it—I said, "I have every reason to believe yon have both the candlesticks and china in the house; you have no objection to my looking?"—she said, "No, certainly not"—she said, "I must get my bonnet, I am going out"—she went up stairs, and came down in two or three minutes—I saw something bulky on her side—I said, "What have you got here, some crockery?"—she said, "No," and then said, "It is only a cream-jug that John Chapman gave me; and if you will go to John Chapman's, you will find the rest of the china"—I went there—he very willingly allowed me to look over his premises—I found nothing there—the prisoner's mother, who lives with her, came in while I was talking with her.
REUBEN HALL (police-constable T 181.) I searched the upper part of the prisoner's house—I saw a box in the room—the prisoner came into the room, and I asked her whose box it was—she said it was hers—I said, "Are you sure; is it yours, or your father's?"—she said, "It is my box"—I asked if she had any more china like the jog my brother officer took from her—she said no—I looked in her box, and found this tea-pot lid—she said John Chapman gave it her—the prosecutor gave me the tea-pot—he had not lost that—I went to Chapman's, which is about three hundred yards from the beer-shop—I found nothing there—he allowed me to search the drawers and any part I liked.
Prisoner. You gave me them. Witness. No, I did not.
COURT. Q. Are you quite clear you never had these things in your possession? A. Yes—I did not know of her having them—I am no acquaintance of hers.
Prisoner's Defence. I have nothing more to say than that he gave them to me.
NOT GUILTY .
THOMAS HESTER. I am a farmer, at Longport, in Middlesex. On the 21st of January I was at a public-house on Smallbury-green—I took out my money to pay for a glass of brandy-and-water—I was separating the sovereigns from the silver—I put themoney on the table—the prisoner was there—he took up two sovereigns, and said, "I shall borrow these," and soon after walked out—I followed him, and asked for them—he would not give me them back—I sent for a policeman, who took him to the station—he attempted to run away once—I was not at all acquainted with him.
Prisoner. I went in to get a pint of porter, and the prosecutor said, "Let us make a raffle for the lot of oranges." Witness. No, I did not—I think there was some raffling in the room, but that was before I went
in—I never raffled in my life—I lent a friend 1s. to raffle—I did not lend the prisoner a sovereign—I was sober—it was between eight and nine o'clock—he turned out, and ran down the Jane.
COURT. Q. How far was it from where you lived? A. About seven miles—I had been to Kensington, but called at Mr. Smith's to pay for a ton of coals—there were about 1s. 6d. worth of oranges in the prisoner's basket.
WILLIAM BEECHEY (police-constable S 182.) I saw the prosecutor at the Chaise and Horses public-house, at Smallbury-green—he complained of losing two sovereigns, and gave the prisoner into custody—the prosecutor had been drinking, but was not drunk—I took the prisoner to the station—he tried to make his escape—he said the sovereigns had been lent to him.
Prisoner. I did not try to escape—they were talking very seriously together—I walked along—they took hold of me—they had been treating each other. Witness. No, we had not—I went into the house—the prisoner did not say there that the prosecutor offered to lend him a sovereign or ten if he liked—the people did not offer to take his part, as if that had occurred.
The prisoner called
ROBERT NELLEN . I am a chaff-cutter, and live near the Nag's Head public-house at Hounslow—I have lived there thirty years. I was at the public-house on Smallbury-green between six and seven o'clock—I saw two pieces of money put down on the table—I could not see what they were—they were put down on the table—the moment the prisoner got them in bis hand he held them up, and said, "Gentlemen, you are all witness he has lent me two sovereigns"—I heard nothing before the money was put down—I was but just come in—Mr. Hester said he would lend him from 10l. to 20l.—that was the last I heard before the policeman came in—the policeman asked us no questions, but the prisoner said he had twenty witnesses that he lent him the money—I was in the room the whole time—the prosecutor did not ask him for the money.
GEORGE HOPTON . I live at the Chaise and Horses public-house, at Smallbury-green, about half a mile from Hounslow. I came in from my work nearly at seven o'clock—I heard the prisoner say, "Lend me two sovereigns"—Mr. Hester pulled out his purse—the prisoner said, "You are witness all round that he has lent me two sovereigns"—he went all round the room and said so—he repeated it over and over—he then sat down, and asked Mr. Hester to lend him another—lie pulled out his purse again directly to lend him another, and said he would lend him five, ten, or twenty sovereigns—he offered it ten or twenty times—they both sat together—I saw no sovereigns or silver—the prisoner only brought the two sovereigns round and showed them.
Prisoner. He offered me ten or twenty, and put the two sovereigns into my hand, and wanted me to have another—I said, "No, I won't have any more, I will pay you in a fortnight or three weeks"—I then sat down, and had part of three glasses of rum-and-water with him—I then got up to go to the sink—he followed, and asked me to give him them back, and gave me in charge.
THOMAS HESTER re-examined. There is no truth in what these witnesses have said, that I said I would lend him five, ten, or twenty sovereigns, I had not so much with me—I only took my purse out once to put the sovereigns in, as they were on the table—I did not have any thing to drink after I took out
my purse—I did not ask the prisoner to drink with me—he was given into custody in about ten minutes after he took the money—there was no officer handy—I gave a young person half-a-crown to fetch one.
NOT GUILTY .
GEORGE ROBINSON . I am foreman to George Adam Young, a builder, in Harper-street, Red-lion-square—the prisoner was in his employ for about two months. We had a job in Gracechurch-street—on the 1st of February I called to the prisoner to stop as he was about leaving those premises—he pretended not to hear me, he went outside—I went out, and found him just turning round the hoarding—I said I suspected that he had some lead about him—he said he was sure he had not—I said I was pretty well sore be had, and I must search him—I told him to go back—he went up stairs—I followed him—he went partly up the second flight of stairs—I saw him take a quantity of lead from his person, and drop it down the well-hole which is there—he took it from about the waistband of his clothes—he had got it out in his hand before I saw it—I said I had seen enough, there was sufficient—I got a policeman, and then I picked up this lead, which turned out to be a piece of three-quarter lead, and some service pipe which we were using in the basement of the premises—part of it was for a water-closet—when I returned back from going for the policeman the prisoner was gone—I saw him next day in a public-house in Tooley-street, and gave him into custody—he refused to go, and threw the policeman down.
Cross-examined by MR. PAYNE. Q. Why did you not take him yourself? A. I thought I had better get a policeman—I was not more than sixteen inches from him when he threw the lead down the hole—I was on the step below—the well-hole admits light on the stairs—I saw him take the lead from his person—I believe he unbuttoned himself as he was going up stairs, as when he turned round his clothes were all undone.
JOHN TOOLEY . I am a plasterer. I was at work there—the prisoner passed me with Robinson behind him—I heard a noise when the lead fell, and Robinson called out for me to look out that it did not fall upon me—it fell perhaps five feet from me—there was about 21lbs. —the prisoner escaped at that time—I went with Robinson and the officer to the public-house the next day—there was some scuffling, and I was struck by the prisoner's wife.
Cross-examined. Q. About how much was the lead worth? A. About 4s.—the prisoner was employed as a plumber's labourer by Mr. Young or the foreman.
(The prisoner received a good character.)
GUILTY. Aged 33.—Recommended to mercy by the Jury.
Confined Three Months.
GEORGE KEMP (police-constable N 82.) I was on duty, in plain clothes, at the fire in Finsbury-place, on the 2nd of February—I noticed the prisoner about two o'clock—he was pushing behind a gentleman at the corner
of Chiswell-street, and I saw him put his hand into the gentleman's pocket, and take out this handkerchief, which he put into his own breeches pocket—I took it from him—I showed the handkerchief to the gentleman, and he said, in the prisoner's presence, that it was his—the prisoner resisted very much—it took eight or ten people to secure him—I handcuffed him, and took him to the station—this is the handkerchief—it is marked "W. C.," but I lost sight of the gentleman, through the mob, and the prisoner struggling—I do not know his name.
Prisoner. He followed me from the brewhouse to the crowd; I had been working at the engine till two or half-past two o'clock; I had a handkerchief round my waist, to keep my wind in; I took it off my waist, and put it into my pocket, and he said I stole it; the handkerchief belonged to my cousin, William Collins; he made me a present of it.
RICHARD TYAS . I am a jeweller, and live in Whitecross-street. I was in company with Kemp at the corner of Chiswell-street—I saw the prisoner take this handkerchief from a gentleman's pocket, and put it into his own—Kemp seized him—he resisted very much—if I had not been with him he could not have kept him—there were a number of persons round him—the prisoner was taken to the station—he then said the handkerchief belonged to him, but he did not say any thing about his cousin—we asked how he came by it, and what name was on it, and he did not know—I asked the gentleman to come down to the station—he nodded, but did not come.
Prisoner. It is my own; my cousin, William Collins, is my mother's sister's son; he lives in Henry street, Hampstead-road; he has been working at a paper-stainer's in Smithfield; Mr. Wright, I think, his name is.
GUILTY . Aged 23.— Confined One Year.
ALFRED BRADFORD . I am a grocer and cheesemonger, and live in Queen-street, Edgeware-road. The prisoner came to the shop on the morning of the 1st of February, between eleven and twelve o'clock—as I came out of the parlour I saw her take a piece of bacon from the window, and put it under her shawl—she then asked me to serve her a quarter of a pound of some bacon which was next to her, which I did—I followed her when she went out, intending to give her in charge, but I did not meet a policeman—I gave her into custody in Crawford-street—I saw the bacon produced from under her arm—she said it was the first time, and she would pay me for it.
Prisoner. It was poverty drove me to it.
GUILTY . Aged 19.— Confined Seven Days.
Fifth Jury, before Mr. Sergeant Arabin.
JOSEPH GEORGE . I am in the service of David Williams, a boot and shoemaker in Albion-place, Islington. On the 3rd of February I heard a slight noise at the door—I ran out and saw the prisoner with another—
the the prisoner had one boot in one hand, and a knife in the other—he appeared confused—I seized him—my master ran out and took him—my master had been watching him for half an hour previous.
Prisoner's Defence. I never had it at all; I was going by and shoved against the boot, and knocked it off the nail; he came and took me; the boot was on the floor; I never had a knife in my hand.
GUILTY . Aged 18.— Confined Three Months.
MR. HOWORTH conducted the Prosecution.
JAMES HOMES . I keep the Craven Head public-house, Drury-lane, and have one partner. Some months ago I engaged the prisoner as a general servant—among other things it was his duty to attend to the billiard-table—he was to have 10s. a week, his board and lodging—at the commencement of the present year I put up a new table, and on the 4th of January I entered into a fresh arrangement with the prisoner—he agreed with us to give us 1l. a week for the use of the table, and the cues and balls, and to receive the whole of the profits of the table—he was not to have board or lodging under the new arrangement—he continued under that arrangement one week as marker to the table—he told me on the Monday that he had cleared 1l. 17s. 6d.—that was about an hour before he was taken into custody, on the 11th of January, on a charge of stealing four cues and five billiard-balls—I missed four cues—I do not live in Drury-lane—I was at home at Silver-street—I was sent for—I went down, and had a little conversation with him—I called a policeman—the policeman asked him if he had pawned any thing since he had been in our house—he said, "Decidedly not"—I then said I gave him in charge—I did not mention the articles I supposed he had pawned.
Prisoner. Q. Have you ever stated that I had no right under any circumstances to take any thing out of the room? A. I might have said so, in fact you never had—it is mine and my partners property—one of these cues is in proper order, the others are not—it was your duty to point these cues, which any man might do—these are called billiard-balls—I know one of these cues, the others I could not swear to.
CHARLES WORLEY . I am a pawnbroker. On the 11th of January the prisoner pawned four cues and seven billiard-balls—he had borrowed money on things twice before—he told me they belonged to him, that he hired the rooms, and had to furnish the cues and balls.
Prisoner. Q. Was this in the usual way of business? A. You brought them, and I lent the money on them.
SAMUEL RUTHERFORD (police-sergeant F 7.) I took the prisoner—he asked me what it was for—I told him for stealing some cues—he said, "If that is the case I am a ruined man"—I then cautioned him that any thing he said would be given in evidence against him, and he made no further statement.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
WILLIAM WOODLEY . 10 am cellarman to Messrs. Polbill and Co., of Old Broad-street. On the 20th of January I delivered seven hampers, with four dozen of wine in each, to Crowley and Co.'s carman, without any directions—I went down on the 21st, and examined them, and put directions on them, and found them all right—they were to go to Birmingham by the railway.
GEORGE ALLEN . I am clerk to Crowley and Co. The prisoner was a wagoner in their employ—on the 21st of January I saw the seven hampers on the premises—they were weighed, and put into a wagon, No. 1—they weighed the weight that was on them—they appeared quite safe, and the cords all right—the prisoner had charge of the wagon in which they were placed—it was to go to Camden-town, to the station there.
Cross-examined by MR. DOANE. Q. What time did you weigh them? A. About five o'clock in the afternoon of the 21st of January—the prisoner was on the premises.
JAMES LISTER . I am one of the clerks to John Crowley and two others. On the 21st of January I was on duty at Camden-town railway station—they have no premises at the station—they are used in common for all the earners, and there are clerks on the line—the prisoner brought the wagon, No. 1, with goods, I saw it partly unloaded—after the horses had brought wagon No. 1, there was another wagon to which his horses were attached to bring it back to the City-road basin—he had left half an hour before my attention was called to the hampers—I found one of them had been opened—the porter put his arm in the opening—there were six other hampers—nothing was the matter with them—I had them weighed—one that was opened was about 15lbs. deficient.
Cross-examined. Q. What was the wagon that he took back loaded with? A. Various articles from Birmingham.
HENRY HALL . I am porter to Crowley and Co. I was present at the railway-station when the prisoner arrived with No. 1 wagon from eight to nine o'clock—he started in about half an hour after with the return wagon—I found one of the hampers with the string cut, and the lid partly open, and some straw hanging out by the side of the hamper—I told Mr. Lister of it—I put' my hand in, lifted the top, and looked in, and found a vacancy.
JAMES TAYLOR . I am a constable employed by the Regent's Canal Company. On the 21st of January I was crossing the City-road bridge, at about a quarter to ten o'clock in the evening, I observed a wagon, in Mr. Crowley's employ, coming over the bridge—I saw no one with it till I went to the back—I then saw the prisoner and a countryman in the wagon—they seemed as if they were hunting about for some parcels—during that time a boiler-plate fell out—in two or three minutes I saw the prisoner throw his arm over the wagon, and heard something fall in the road, which sounded like a glass bottle—I went to the spot, and picked up this part of a glass bottle, and smelt it—it appeared to me to have held wine—I then looked at the two persons in the wagon—the countryman was very much intoxicated indeed, and so was the prisoner, but the countryman was the most drunk—I saw something dropping from the wagon, which appeared to be wine—I carried the glass bottle to Mr. Bulmer, and gave information—he returned with me down Wharf-road, and met the wagon coming down—the prisoner was taken to the counting-house, and given
into my custody on suspicion of stealing wine—he muttered something—as well as I could make out it was that he knew nothing about it—I returned to the wharf, accompanied Mr. Buhner to the railway station, and saw the hamper, which appeared to have been opened—we took out the bottles, and there were forty-three—Mr. Bulmer examined the wagon.
Cross-examined. Q. Did you say that the prisoner was trying to lift up the boiler plate? A. Yes, and I assisted him to do it—they have let the other man off.
JOHN REUBENS BULMER . I am manager to Mr. Crowley and Co., at the City-road basin. Taylor gave me some information—I went out and met the prisoner and his wagon—I did not perceive much drunkenness in the prisoner, but his companion was quite drunk—Taylor brought part of a bottle to me—I examined, and found the remains of three bottles in the wagon—next morning I found one more, which, with the one the officer brought, would make five—after taking the prisoner' to the station, I went to Camden Town, and found the hamper had had the cord cut, and five bottles taken out—it was new port wine, are those in the hamper were the same bottles, the same corks, the same age, and every thing—I asked the prisoner what he had been doing with some wine—he said, "Nothing whatever"—I said, "How came the bottles in your wagon"—he said he knew nothing about it.
Cross-examined. Q. How long had he been in your service? A. About seven months—we had a character with him.
HENRY FARRAH . I accompanied the prisoner part of the way from the City-road basin to Camden-town station—when we got to the City-road bridge, he told me to go to the Salisbury Arms public-house for 3s., and he went on without roe—I met him on the wharf-road on his return—he did not seem very drunk—I got the 3s.—it was my duty to accompany him to the station, but I was forced to obey his orders.
(James Andrews, carman, at Uxbridge; and Alexander Hayes, of the Crown public-house, Uxbridge; gave the prisoner a good character.)
GUILTY . Aged 27.— Transported for Seven Years.
(There was another indictment against the prisoner.)
SARAH THOMPSON . I am the wife of Benjamin Thompson, a lodging-house-keeper. The prisoner was our servant—he was to receive money on our account—I gave him, on the 4th of January, 3l. 15s. in silver, and 1l. 5s. in copper, to get changed for gold—there were twelve half-crowns, one five shilling piece, and the rest in shillings and sixpences—he was to bring me five sovereigns—he never returned—he had been two years in our service—I did not tell him where he was to get the change—he generally went to the pawnbrokers.
BENJAMIN THOMPSON . It was a usual practice on Monday morning, if I did not go myself, for my wife to send the prisoner with the silver and copper for gold at the pawnbroker's or the public-house—he did not give this or any part of it to me.
Prisoner. Q. Did I not offer to go with you to Mr. Thompson's? A. Yes.
me on Monday, the 4th of January, and gave me 3l. 10s.—I gave him three sovereigns and a half—he wished me to take the coppers, but I did not want them, and told him he had better take them up the street.
GUILTY . Aged 29.— Confined Six Months.
750. ANTHONY LAPINTE and THOMAS WAY were indicted for stealing, on the 2nd of February, 1 pint-pot, value 1s. 6d.; the goods of Robert Ambrose Hall; and 1 quartern-measure, value 1s.; and 1 spirit-glass, value 6d.; the goods of John Tiver; to which
LAPINTE pleaded GUILTY . Aged 18.— Confined Three Months.
JOHN KMMERSON . I keep the George public-house at Blackwall. The prisoners were at my house in company on the 2nd of February—I saw the pot under Lapinte's jacket, and asked him where he got it from—he said he bought it at the entrance of the London Docks—Way said, "It is quite right, he bought it and gave 1s. for it"—I asked him to let me look at it, and saw it belonged to Mr. Hall, at the Gun public-house, Black-wall—I took it from him, and the prisoners were followed by two persons who gave charge of them.
REUBEN WEBB (police-constable K 17.) I took the prisoners—they were in company—Lapinte had got his hand in his left-hand trowers pocket—I took it out, and this quartern measure was in it—this glass was then pulled out by one of the prisoners, I cannot say which—it was thrown down and broken.
DANIEL DAVIES . I am in the service of John Tiver, who keeps the Britannia public-house. I saw the prisoners there on the evening of the 2nd of February—I served them some beer—this measure and glass are my master's.
WAY- GUILTY . Aged 18.— Confined Three Months.
MICHAEL MAYHEW (police-constable H 79.) On the 2nd of February, I was in Deal-street, Mile End, about a quarter before nine o'clock at night—I saw the prisoner carrying this bundle of printed cotton on his shoulder—I asked what he had got—he made no reply—I felt it and said, "I see what it is now, where are you going with it?"—he said, "To Quaker-street, Brick-lane"—he said he found it at the step of a door.
WILLIAM HENRY HUTCHINS . I am a linen-draper, and live in White-chapel. This is 308 yards of printed-cotton—it is mine, and must ave been taken out of my shop—I missed it when my attention was called to it—it is worth between 3l. and 4l.—it had been within a foot and a half of the door.
Prisoner's Defence. I had just picked it up in the street—a boy saw me pick it up—if lie had gone back the boy would have been there.
(The prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy. — Confined Three Months.
NOT GUILTY .
PHILIP HILL . I am clerk to Charles Hill and others, of West Smith-field, bankers and agents. The prisoner came to me as the servant of Dixon, on the 25th of January, for the money for the carriage of sheep that were lame, and which Dixon was entitled to receive on a correct representation—he asked me for 3s., from Waters to Parkinson, for carrying two sheep—I gave him an order, "Pay Dixon 3s.," and signed it—he could get 3s. on that order from any of the clerks in our office—he came again afterwards, and got an order for 6s., 2s. in the name of Richards, 2s. for Vergette, and 2s. for Fairchild, for carrying sheep to the same person—he afterwards came again, and got 12s. 6d. for Luton to Newton, and Wootton to Charles Burrows—I have ascertained that he received the money, as the orders were on our files, which they would not have been, if he had not been paid—we cannot ascertain who paid the money with certainty.
JOHN LAW PARKINSON . I am a sheep salesman in Smithfield—I had some sheep consigned to me on the 25th of January—none of them were carried—if the prisoner represented that he carried any on my account, it was quite untrue.
Prisoner. I never received it.
GUILTY . Aged 21.— Confined Three Months.
JOHN HOLLINOSWORTH . I live with Mr. Joseph Smout, a butcher, in Upper North-place, Gray's Inn-road. On the 3rd of February the prisoner came to the shop—I had not known her before—she said, "I want two pounds of rump steaks and one pound of mutton chops for Mr. Dixon, 37, Baker-street"—I gave ciedit to that, and served her with the meat—she did not pay me for it.
Prisoner. I am very sorry, I throw myself on the mercy of the Court.
(The prisoner received a good character.)
GUILTY. Aged 32.—Recommended to mercy. — Confined One Day.
OLD COURT.—Monday, February 8th, 1841.
Third Jury, before Mr. Sergeant Arabin.
THOMAS FIELD . I am a farmer, and live at Bayford, near Hertford. I had a number of ewe sheep out at pasture, at Edmonton, on Mr. Tucker's land—I had turned them out about a fortnight before the 28th of January
—I was afterwards informed that a ewe had been stolen—I saw part of the body of a sheep at the station, at Edmonton, and knew it to be part of one of my ewes by the marks on the skin—I also saw some wool, which I believe to be mine, but would not swear it—the skin was marked with dead ochre on the head, the same as my sheep are marked—I am certain it was my ewe—the prisoner lives at Edmonton.
GEORGE TUCKER . I am a farmer, at Edmonton. I had fifty-three sheep of the prosecutor's in my field—I counted them on the Wednesday, and they were all there—I counted them again on the Friday following, and saw one dead in the field, and part of the carcase of another which had been slaughtered—it had its throat cut—I afterwards gave part of it to the policeman—the other sheep, I should say, died from natural causes.
JOHN SMITH . I am a labourer, and live in Bury-street, Edmonton. I was about Mr. Tucker's field, catching moles, and found the half of a sheep, with its throat cut, and slaughtered—the entrails laid close by the side of the carcase—it appeared as if it had been cut clean in two, all across the back—I was the first that found it.
JAMES HARRISON (police-sergeant N 32.) The prisoner and his wife were brought to the station on Friday, the 29th of January—he was charged with slaughtering this sheep; and it was stated to me, in the presence of himself and wife, that some wool and part of the mutton had been found at his house—I asked the wife if the wool belonged to her—she said it did not, that her husband brought it home on the Wednesday night with the mutton—he made no reply—I went in company with Wells to Mr. Tucker's field, and there found some footmarks from the place where the sheep was slaughtered—the soil was moist, and some of it was ploughed—the impressions were quite perfect—I compared the prisoner's shoes with those footmarks, and they corresponded exactly—there was a particular nail in the prisoner's shoes which attracted my attention, and it corresponded with the impressions in that and all respects—they were undoubtedly made with the prisoner's shoes.
JOHN WELLS (police-constable N 317.) In consequence of information, I went to Mr. Tucker's, and from there to the field, where I found part of the sheep slaughtered—it was cut across the back and also in the throat—I took possession of the part I found in the field—I then traced the footsteps across four or five fields, within a hundred or a hundred and fifty yards of the prisoner's house—the marks were distinctly visible (I saw the prisoner's shoes afterwards, fixed in the marks, and they exactly corresponded in every respect) this was about four o'clock—the prisoner was not at home then—I waited till about dusk, and then went with White to the prisoner's house—I rapped at the door, and heard the prisoner run up stairs—he came to the up-stairs window and asked who was there—I said it was me, and asked him to come down, which he did, and let me in—I asked if he was aware who I was—he said, "Perfectly so"—I said I wanted to search his house, he was charged with felony—he said I might look—I took a candle, and was going up stairs—he said, "What do you want there?"—I said, "Mr. Tucker has had a sheep slaughtered in his field, and you are suspected as a party concerned"—he then caught hold of my back and pulled me down three or four stairs, saying I should not search there—he
got up first, placed himself in the way, and said I should not search there—I with great difficulty got the handcuffs on him—I then searched, and found these pieces of wool in a basket in the cupboard, and two pieces of mutton salted—I asked where he got it—he said he bought it—I asked where—he said in Shoreditch—I asked how he came by the wool—he said his wife had brought it home one or two pieces at a time—his wife afterwards came in, and I asked her how she came by it—she said her husband bed brought it home with the mutton—I afterwards found this knife in the prisoner's pocket, with blood and wool on it, and there was blood all round bis finger nails—I heard his wife say at the station that he brought the wool and mutton home on Saturday—I afterwards searched the house again, and found the prisoner's jacket, which he had on that day, and it was all covered with blood.
Prisoner. He has told a falsehood; I said I brought the wool home a piece at a time. Witness. I am sure he said his wife brought it home—I showed the mutton found at the prisoner's house to the prosecutor and Mr. Tucker, and they swore to it.
GUILTY . Aged 29.— Transported for Ten Years.
Before Mr. Recorder.
756. WILLIAM MURPHY was indicted for unlawfully, maliciously, and feloniously assaulting Thomas Jones, on the 18th of January, and cutting and wounding him in and upon his forehead, with intent to do him some grievous bodily harm.
JAMES BOZIER (police-constable H 132.) On the 18th of January I was on duty in King-street Commercial-road—about half-past twelve o'clock at night I heard cries of "Murder," and went to No. 14, from which theory proceeded—I went in—the street door was opened by the prisoner's wife—she said, "Make baste in, or there will be murder done"—she ran out into the street—I saw the prisoner, who had got hold of Jones, pulling him down the stairs—he was holding him by the sleeve of his shirt, and his arm—Jones's forehead was bleeding—the prisoner was saying to him, "D—your eyes, I have got you now"—I parted them, and the prisoner was given in charge by Jones, for inflicting a wound on his forehead—the prisoner had a tin candlestick in. his hand when I parted them—I did not take it from him then, but after I came back to take the prisoner away I took it from him—I took the wounded man to the hospital first—the prisoner was the worse for liquor, but not to say dead drunk—he appeared to know what he was about—after returning from the hospital I found the door of the prisoner's room fast—I asked him to open the door—he refused—I told him who I was—he would not open it, and I forced it open—he had a hammer in his hand, and held it up as if he would throw it at me—I seized him.
Cross-examined by MR. HORRY. Q. Which was the prisoner's room? A. The kitchen—when I first went into the house Jones was not on his legs—the prisoner had pulled him off his feet, and was dragging him right down—I had a light—I do not know that a policeman had been called there about two hours before—I was about an hour, or an hour and a half, going to the hospital, which is in Whitechapel-road—Jones walked there with ray assistance—I took hold of his arm—he was bleeding a great deal from
the forehead—it was a cut wound, as it appeared to me—when I parted them there was no light besides my lantern—there was no candle in the candlestick—I only saw one candlestick—the prosecutor had no candlestick I or any thing in his hand—I cannot say whether he had his trowsers on, or his drawers and shoes—he had no coat—he went up stairs, and put on his coat and waistcoat—his head was bound up by a witness—we then went to a doctor's, and then to the hospital.
THOMAS MATTERFACE . I am a tailor, and live in the same house with the prisoner. On the night of the 17th of January he came home, about a quarter to twelve o'clock, and made a noise with his feet by stamping on the floor in the passage leading to the street door, and swearing—Jones was in bed in the first-floor room where he lodges, and had been in bed about three quarters of an hour—he came down on hearing the noise, dressed in his trowsers and slippers—the prisoner was intoxicated—Jones said, "Now, Mr. Murphy, my good man, I think you had better go to bed, for I want my rest, I have got to get up in the morning early, and other people want to rest as well as me"—I heard the prisoner say, "You are a boy," or something to that effect (Jones is a young man) I did not I distinctly hear what else he said—there was a struggle—I did not see how it began—I was not down on the landing—I did not see any light at that time—I believe Jones opened the door, and called the police—I opened the window, and Jones put the prisoner outside the door—the police refused to take him into custody, and Jones shut the door, leaving the prisoner outside—he knocked twice, and his wife let him in—Jones came up to me for a light, and went down with one in his hand, and there was another struggle in the passage—soon after there was quietness, and Jones came up stairs with his head bleeding—he said, "Young man, put up my hair, and bind up my head; I have hurt my head; I am cut; the villain has cut me," and he said he was afraid he should be a dead man—he bled a good deal—he had a wound about two and a half or three inches long over the head—I bound it up with a handkerchief—he wished to be taken to the hospital—I had noticed the policeman come in before Jones returned up stairs to me—the prisoner went into the kitchen—the policeman came up for a light, and I gave him one, and Jones left the house with the policeman to go to the hospital—I did not see whether the policeman had his lantern—I had some lucifers up stairs, with which I got a light and gave a candle to the policeman—I believe Jones afterwards brought up the candle—I gave it to the policeman on the first floor, in the next room to Jones—it was a small brass candlestick which Jones took down.
THOMAS JONES . I am a rigger, and lodged in the same house as the prisoner. I recollect his coming home at night—I was in bed, and cannot recollect the time, but he was making a noise on the staircase, quarrelling, and would not go to bed, kicking up a disturbance—my wife was in her confinement—he was at the foot of the staircase making a noise—I went down to the bottom of the staircase, and said, "Murphy, go to bed my good man, I want to go asleep, my wife is sick"—I had a candle in my hand—he instantly caught me by the neck, and I had a hard matter to get away from him—I did get away from him—I did not put him out into the street—how he got out I do not know—I called for the police at the street door—they brought him to the door, and I gave him in charge—I cannot say whether he went out into the street of his own accord—I did not push him out, he went of his own accord——I was up stairs when he went—the police refused to take him, and he went down to the kitchen—I went back to my
room—I heard the prisoner running up my staircase—I ran out to prevent him coming any further—he was about four steps up the staircase—I came down with a candle in my hand—he caught me by the right arm, and bawled me down the landing—I was in my sleeves—the light went out, and he said, "D—your eyes, I have got you now"—I was always frightened of him—it is not the first time he has been up the stairs threatening to take a person's life—he afterwards dragged me down the kitchen staircase, which is about eight steps, and he had fast hold of me by the hair of my head, when the policeman came and took him away from me—he had no instrument in his hand—when I first went down he had a candlestick in his hand, and so had I—after he had hurled me down the stair-case I received a wound in the forehead.
GUILTY. Of an assault. Aged 36.— Confined Two Months, and to enter into his own recognizance for his good behaviour for two years.
757. GEORGE LACY was indicted for feloniously breaking and entering the dwelling-house of William Isaac Budd, on the 8th of January, and stealing therein, 1 box, value 3s.; 3 rings, value 1l.; 1 pair of candlesticks, value 10s.; 1 pair of snuffers, value 6s.; 1 tray, value 2s.; 1 snuff-box, value 1l. 10s.; I watch, value 2l.; 10 spoons, value 2l. 10s.; 2 shirts, value 5s.; 2 waistcoats, value 10s.; 2 coats, value 4l.; 3 handkerchiefs, value 9s.; 3 pairs of boots, value 12s.; 1 boot-jack, value 6d.; and 3 spoons, value 18d.; the goods of William Lee: 1 watch, value 4l.; 1 guard-chain, value 12s.; 3 coats, value 3l.; 10s.; 2 pairs of trowsers, value 14s.; 2 cloaks, value 14s.; 1 umbrella, value 9s.; 9 gowns, value 4l.; 2 pairs of boots, value 10s.; 1 waistcoat, value 4s.; 5 handkerchiefs, value 10s.; 3 shawls, value 12s.; 1 sheet, value 5s.; 2 shirts, value 7s.; 2 petticoats, value 4s.; and 3 shifts, value 8s.; the goods of the said William Isaac Budd.
WILLIAM ISAAC BUDD . I live at No. 8, Upper Tottenham-place, Tottenham-court-road, St. Pancras—I occupy the house—it is a room over a coal-shed—there is no communication between my room and the coal-shed—nobody sleeps in the coal-shed. On the 5th of January, between eight and nine o'clock in the morning, I left my home, and went to work, leaving the door locked, and nobody in the room—my wife was in the country—I returned about a quarter to one o'clock—I found the door closed, but not locked, and my room in disorder, the drawers emptied of their contents, and two boxes broken open which had been left in my possession, belonging to William Lee, to send to Derby—I missed nine gowns, a silver watch off the mantel-piece, and various other articles—I did not know what Lee's boxes contained—I had no knowledge of the prisoner—I made inquiry in the neighbourhood, received information, and traced him—I saw him and a man named Mickel drinking in front of the bar of Pool's hotel, in Thames-street—I went for a City policeman, and when he came there the prisoner was in one corner of the bar—he was taken, but Mickel had absconded.
Cross-examined by MR. PAYNE. Q. You suspected a man named Mickel? A. Yes—I inquired about Mickel—I traced him to Thames-street, and then found the prisoner in Mickel's company—I went to the door, saw them, and then went for an officer, and when I returned Mickel was gone, and the prisoner remained—Mickel had worked for me—I knew him before—he had been to my place on the Friday previous—the prisoner was discharged on bail before the Magistrate—I ordered the constable to
take him before a Magistrate, when I indicted him—he was bailed—I charge Mickcl with it as well.
WILLIAM LEE . My box was kept in Budd's room—it contained the articles stated in the indictment as mine—there was a boot-jack and pen-knife left—all the other articles were gone—I valued them at from 12l. to 16l.
CATHARINE JORDEN . I live at No. 121, Golden-lane. On the 5th January the prisoner called at my shop, and asked me to let him stand a box in the shop for a short time, and he would call again for it—this was as near two o'clock as possible, about a quarter to two—I never saw him again—the officer and prosecutor came for the box in the evening—the box now produced is the same—I never saw the prisoner before—he did not wait a moment hardly.
Cross-examined. Q. Are you quite sure he is the person? A. Confident—I saw him for one moment, but I can swear to him—I am no friend of the prosecutor's—I do not know him—I cannot say what I was doing in the shop—I had just come in from the parlour—he came to the door, and said, would I let him stand the box there a little while, he would call again for it—I did not observe whether any body was at the door—I was in the middle of the shop, not behind the counter—my shop is a good way from Tottenham-court-road.
BENJAMIN MECHAM . I am a pawnbroker, and live in Aldersgate-street. I have a whittle and gown pawned on the 5th of January in the middle of the day, for 5s., by the prisoner, I believe—I recollect him again—I saw him again next day—the things were pledged in the name of John Thomas, No. 15, Golden-lane, which is a very short distance from our house.
Cross-examined. Q. Had you ever seen him before? A. Never—I will venture to swear positively he pawned these particular things—there was nobody else in the shop at the time, and I pointed him out to the officer at the Mansion-house.
WILLIAM LEIGH WOOD (City police-constable, No. 538.) The prisoner was given into my custody in Thames-street, on the 5th of January, at half-past four o'clock in the afternoon, in Pool's hotel—he had underneath his arm a bundle containing a waistcoat and apron—I took him to the station, and in his hat was found a shirt and apron, and in his pocket two snuff-boxes, two duplicates, and two keys, one of which is a skeleton-key—the Magistrate, at the request of the prisoner's father, allowed me to give up to him the snuff-box and one key, as Budd did not claim it—one duplicate is for a watch pawned at Russell's, in Fore-street, and the other for a gown and whittle pawned at Walter's.
Cross-examined. Q. What did the prisoner say? A. When I took him at the public-house he said, "I hope there is no harm, I don't know any thing about it, I was hired to carry a box for a man"—these things were produced before the Magistrate, and the witnesses who have been examined to-day were heard, except Lee—Budd, Mrs. Jordan, and the pawnbroker were there—the prisoner was detained till the Saturday, then the Magistrate admitted him to bail to appear on the Monday, I think—he came to the office, and gave himself up on the Tuesday morning—he came with his bail there—he was allowed to go out on the same bail to appear when called on—he was not called on since, till this bill was found, and then by order of the prosecutor I gave the bail notice to produce him at
nation-garden—they did so—the Magistrate told me to bring him here, and he has been in custody ever since—the Magistrate did not commit him, but told me to bring him to Mr. Clark—the bill had been found the day before.
WILLIAM LEE re-examined. This waistcoat, apron, boots, and shirt, are mine, also this box, and the boot-jack now in it—(the snnff box is not mine)—the box had been emptied of every thing but that and some trifling things, and left at the shop.
ALFRED BESANT . I am in the employ of Mr. Button, a pawnbroker, in Albion-place, Battle-bridge.—I have a variety of article pawned, not by the prisoner—it was after he was in custody, on the 7th and 8th of January.
GEORGE SHEPHERD . I am shopman to Mr. Walters, a pawnbroker, in High Holborn. I produce a coat pawned on the 9th of January—Lee told me he believed it to be his, but it will fit a man five feet eight, and the man who pawned it was about that height, and Lee said it had a flowered button, and that he gave 20s. for it—I would lend 30s. on it any day—I should call it quite a new coat—Lee said he believed it was his, but could not swear to it.
WILLIAM LEE re-examined. I said I lost two coats, and one had a flower on the button, but I could not tell which the witness bad till I saw it—I gave 30s. for the coat, and being too large for me, I did not wear it—I swear to the coat—it it the one I lost—it is too big for me a great deal—I bought it cheap—mine had a velvet collar, and the sleeves were lined, as this if—I bought it of Arnold, a tailor, No. 10, down by Battle-bridge, Field-terrace—by giving 1l. I could have it made to fit me—I could not bring the tailor here to prove the coat is mine, because he is gone to Cambridge—I am a waiter.
JOHN ABETHIEL . I am a pawnbroker. I produce a coat, a handkerchief, two gowns, a shirt, and other articles, pawned on the 7th and 9th of January, by a female—this coat, handkerchief, and ring, were pawned by quite a respectable man, rather tall—one of the parties gave the direction of "Field-street" when he pawned them.
WILLIAM ISAAC BUDD re-examined. Mickel is a tall man, about five feet nine—he is a decent working man—he wore a black frock-coat, and brown trowsers—I have not seen him since—he had made an appointment to meet me on the day of the robbery in Farringdon-street, but I did not go.
MRS. BUDD re-examined. Several of these articles are mine—these gowns I have the capes of at home, and this old cloak is mine.
JOHN HARDMAN PICKFORD . I am a pawnbroker, in Whitam's-buildings, Old-street-road. I have a pair of Wellington boots, a shawl, and waistcoat, pawned on the 6th of January, by a female, in the name of Nichols.
Cross-examined. Q. Are you sure it was not Mickel? A. It might have been so—after looking at the boots some time, the prosecutor said they were his.
MRS. BUDD re-examined. This shawl belongs to me.
FRANCIS THOMPSON . I am shopman to Mr. Russell, a pawnbroker, in Fore-street. I produce a watch, pawned on Tuesday evening, the 5th of January, for 21s., in the name of John Thomas, Golden-lane—I think it was between four and five o'clock.
Cross-examined. Q. What business are you? A. A farrier—I had known Mickel about two years, by his making a shopmate of mine a pair of trowsers, but I had not seen him—my door will open with a small key—I have been in search of Mickel ever since, and the officer likewise.
SARAH CORDWELL . I am a pawnbroker, in Exmouth-street, Spafields. I have a ring, pawned on the 6th of January, in the name of Mary Mickel, Wood-street—my foreman took it in—he has met with an accident, and is not here.
WILLIAM LEE re-examined. This is my ring—I bought it of one John Kemp, who is a waiter somewhere in the Borough—he left bis situation, and offered it to me for sale—there is on it, "To the memory of"—I recognize it by being broken in the rim—it is a mourning ring—I have been in a situation seven years—I bought these things, thinking they were always money—Heslop is the maker's name on the watch—I bought it at a pawnbroker's, and left it in the box, being an old-fashioned one—my master has seen me buy rings.
MR. PAYNE, on the prisoner's behalf, called
JOSEPH MOSLEY . I have been in the employ of publicans—I have known the prisoner about a month—I was at the licensed victualler's office in Bridge-street on the 5th of January—it is a place where we hear of situations—I have lived at different public-houses—I now live in Hackney-road, at the Queen Adelaide public-house—I got that situation from Bridge-street—I saw the prisoner that day inquiring for a situation there—I think it was about 12 or one o'clock, as near as I can guess—I afterwards saw him in Farringdon-street with another person, a short man.
COURT. Q. Had you any previous acquaintance with him? A. I had seen him about twice before that day—I knew him by sight—I did not know him by name before that day—when I saw him in Farringdon-street with the short man, neither of them had any thing with them—he said he was going with the man to carry a box for 2s.,—I walked part of the
way down Farringdon-street with them—I crossed over—I believe they went up Holborn—the prisoner had come out of the office, and I came out shortly after, and overtook him, and the man who was with him asked me to stand something to drink—I said I could not—I had seen the man before several times—when I went into the Licensed Victuallers' Office the man was standing outside, and when I came out I saw the prisoner with him—they walked down Farringdon-street—the prisoner inquired for a situation of Mr. Scholey, I believe the gentleman's name is, and Mr. Smith.
Q. How did they know where to find you to be a witness? A. My direction was with Mr. Cousins—I have lived with him—he is a publican—the short man had a fustian coat on—I saw no box.
WILLIAM ISAAC BUDD re-examined. Q. When did you first go into Pool's public-house, when you saw Mickel there? A. About a quarter after four o'clock—the prisoner was leaning with bis face towards me, and Mickel with his back towards me—I looked and went out, and spoke to the officer—I was not out of the house two minutes, and when I returned Mickel was gone—I could not say whether he saw me—when I saw the prisoner, I asked him where the party was who was with him—he said he was gone out and would be back presently, but he did not come back.
WILLIAM LEIGH WOOD re-examined. The prisoner said he had had the box, and left it at a house in Golden-lane—he said he went to the house with another party, took the watch off the mantel-piece, and he brought the box out.
JURY. Q. Then he acknowledged going to the house? A. Yes, he said he went to the house, and the party took the watch, and he told the Inspector where he left the box, and from the description of the house I found where the box was—he said he took the watch off the mantel-piece in the house mentioned—the prosecutor was with us, and mentioned his residence, and the prisoner said it was in Tottenham-court-road—this was stated before the Magistrate, and he was dismissed—the case unfortunately came before three Magistrates.
Prisoner. The man opened a drawer in my presence, but did not break the boxes open in my presence—he gave me an apron and waistcoat to pawn, and took the watch off the mantel-piece—he said it was his house, and he should want me next day to take the whole of the things away.
JURY to WILLIAM LEIGH WOOD. Q. Did he state before the Magistrate that he saw the man break any lock? A. He said no more than he has stated just now—that the other party took the watch off the mantel-piece, put it into his pocket, and gave him the box to carry.
WILLIAM ISAAC BUDD re-examined. Two boxes were broken open in the room, the locks of both were broken—any body present must have seen that done—the room was all strewed with the remnants of what was done.
CHARLES COUSINS . I keep the Ben Johnson public-house in Westmoreland-buildings, Aldersgate-street. The prisoner has been in my employ for six months, and left about nine months since—he bore an honest character—he was very harmless, goodnatured, and simple, and a lad any body might impose on—I should not object to take him again—I parted with him because his sight was not good, and for his simplicity.
(Wm. Snowley, publican, Hare-street, Bethnal-green; John Crossley, cheesemonger, Holborn-bridge; William Snowden, labourer, Sugar-loaf-court, Dorset-street; and Henry Beacham, silk trimming maker, Cheshire, street; deposed to the same effect.)
GUILTY. Aged 22.—Strongly recommended to mercy, believing he was
entrapped, but at the same time conscious.— Judgment Respited.
NEW COURT.—Monday, February 8th, 1841.
Fifth Jury, before Mr. Common Sergeant.
GUILTY. Aged 41.—Recommended to mercy by the Prosecutor.
Confined Six Months.
(There was another indictment against the prisoner.)
WILLIAM MILLAR . I am carman to Joseph Fletcher, of Wheatsheaf Wharf, Wapping. About five o'clock in the evening of the 22nd of January, I received from the wharf three hogsheads of sugar and this coffee, to take to my master's—they were put into my wagon in Bridge-street, Blackfiars—I stopped in Tower-street—the coffee and sugar were all safe then—the coffee was in the off side of the wagon, near the front—I then went on to Ratcliffe-highway, and received information, and found the coffee was gone—soon after the prisoner and a bag of coffee were brought to me—I cannot say whether it was the coffee I lost—it was not the same bag—I had taken two bags of coffee into the wagon, and one was gone.
Cross-examined by MR. BALLANTINE. Q. What time did you miss it? A. About seven o'clock in the evening—I left Bridge-street between four and five—I had seen the coffee last on Tower-hill, about ten minutes to seven—neither of the bags could have tumbled out—it was near the front of the wagon when I got up on the shafts—it might be four feet from me—a chest of tea was once taken out of the tail of the wagon.
EDWARD WIGLEY (police-constable H 141.) I was on duty in Rose-mary-lane about seven o'clock that night—I went into Dock-street, and saw the prisoner sitting on the step of a sugar-baker's, with a bag of coffee behind him—I asked what he had got—he said, "Nothing"—I shook it and asked him what it was—he said he did not know that a man gave him 1s. to mind it—I was taking him down the street, and met the carman coming up—I took him to the station—he still said he knew nothing of it, but a person gave him 1s. to mind it—the next morning, between eleven and twelve, we found two empty bags in Dock-street, about ten yards from where I found the prisoner—it was about half a mile from Tower-hill—there were 104lbs. of coffee in the bag.
Cross-examined. Q. He appeared to be minding it, did he not? A. Yes—he said he did not know the man who gave it him to mind—he said his name was Henry Somersall, and stated where he lived, and it was correct.
WILLIAM WHITEHEAD . I keep a marine-store shop. I produce two sacks sold to me by Joshua Jones, about half-past eight o'clock on the 22nd—the officer came next morning, and said there was a bag of coffee lost.
JOSHUA JONES . I live in Princes-square, Back-road, St. George's. When I left work I came to lock the shop up—I saw something in the road—I kicked it—it happened to be these sacks—I saw no one near them—I knew no use of them, and I sold them for 2d.
760. WILLIAM JOHNSON and WILLIAM BLTHAM were indicted for stealing, on the 23rd of January, 17 yards of woollen cloth, value 10l., the goods of Edmund Atkinson, in his dwelling-house: WILLIAM MOULD , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.; and ANN MOULD , for receiving 3 1/2 yards of woollen cloth, part of the said goods, well knowing it to have been stolen; against the Statute, &c.
ROBERT LEA . I am in the employ of Edmund Atkinson, a woollen-draper, in High Holborn. In consequence of an alarm, I looked about and missed a roll of cloth, on Saturday, the 23rd of January—it was within the shop—I had seen it safe an hour and a half before—this is part of my master's cloth—Mr. Atkinson resides in the house—it is his dwelling-house, and is in the parish of St. Andrew Holborn—the cloth is worth about 10l.
THOMAS CHURCH . I live in Bull-court, Gray's Inn-lane. On the 23rd of January, I was with my potato-stand near the prosecutor's shop—I know Johnson and Eltham by sight—about twelve o'clock that day I saw them walking up and down, arm-in-arm, from Dean-street to the prosecutor's shop—about one o'clock in the afternoon, I saw them go to the window arm-in-arm—Eltham went and took the roll of cloth from inside the door—he brought it out, and Johnson helped him with it on bis shoulder—when they left the door I called for assistance—they went into Little Turnstile—I went up to Johnson, and gave him up to the shopman—Eltham and the roll of cloth were gone off.
Cross-examined by MR. PHILLIPS. Q. Have you been a witness here before? A. Never.
JOSIAH HARPER . I live with my parents in Porter-street, Newport-market; they keep a milk-shop. Between one and two o'clock in the after noon, on the 23rd of January, I was minding my mother's shop—Eltham and William Mould came in a cab—I do not know what time it was—I had not had my dinner—we dine at three or four o'clock—there was a driver to the cab—I saw this roll of cloth—the cab—man took it out and gave it to Eltham—he and William Mould went into Mrs. Boston's, No. 10—they took the cloth with them—they staid in about ten minutes, and came out together—Eltham had the cloth—the cab waited for them, and then
they went away—the roll of cloth was larger than it is now—Eltham and William Mould lodge at Mrs. Boston's—I never saw the cloth in Mould's hand.
JOHN ASDELL . I live in Shropshire-place, St. James's. About two o'clock, on Saturday the 23rd of January, I was at the British Queen public-house in Sussex-street, opposite Pancras-street, Tottenham-court-road—Eltham and William Mould came there with a cab—man—they called for a glass of half-and-half, a slice of bread and cheese, and I think, half a quartern of gin—William Mould did not stop long—Eltham was eating his bread and cheese, and all in a minute he ran out at the side door—I looked out at the front door and saw a policeman with Ann Mould—she came into the house—the policeman followed her—Ann Mould said, "There were two youths here?"—I said they had been gone about ten minutes—she looked in the tap-room and in the parlour, the policeman still followed her—she went out at the side door—I saw no more of her till she went up the street with a policeman—after the woman was gone William Mould returned to the house, and spoke a few words to the cab—man he went out, took the nose-bag off the horse, and put it on the seat, and William Mould went across the road into No. 38, brought out a roll of cloth, put it into the cab, and got in himself—the cab—man drove off, and before the cab got out of sight, I saw Eltham coming on the opposite side of the way, towards the British Queen—the cab met him half-way down the street—he turned round, and followed the cab.
EMMA BARKER BEVES . I live with my parents at No. 38, Sussex-street, St. Pancras. About two o'clock on Saturday the 23rd of January, I was cleaning the brass plate at the door—I noticed a cab at the door of the British Queen—after that, William Mould came to our door, and went up stairs—Ann Mould lodges there—she is his mother—he afterwards came down, and he had a roll of cloth with him—I saw him go towards the cab.
WILLIAM THORNTON (police-constable E 83.) At half-past two o'clock on this afternoon, I went to a pawnbroker's shop in Tottenham-court-road—he showed me this 3 1/2 yards of woollen cloth—I took Ann Mould into custody there—I asked how she got the cloth—she said, "A young man gave it to me in Cheyne Mews"—I asked who the young man was, whether she knew him, she said, No, she did not know him, only by sight, he was in the habit of coming to her house now and then—I asked how he was dressed—she said in a black coat and waistcoat and red scarf—(I saw Eltham the same day—he had the same clothes on he has now)—I told Mr. Wadmore to take care of the cloth—I took Ann Mould to see if we could find the man—she told me he was a clerk—she told me they were in the British Queen—I went in with her—I heard her ask where the two youths were—I looked about and could not find them—she said the other was a young man that followed the cab line.
JOHN CRISPIN RAWLEY . I am a police inspector. Ann Mould was brought in with the piece of cloth—I asked who brought it to her house—she said "A young man"—I asked if there was more than one—after a good deal of hesitation, she said there were two—I said she must know something of them—she said one of them was her son, the other was a cab—man, that her son and he lodged together in Porter-street, Newport-market—I asked if any more was brought to the house, besides the piece she was found pledging—she said, "No."
ALLEN HORATIO GARMAN (police-constable E 8.) I took Elthara in Porter-street—he said he knew nothing of it—he had a coat under his arm, and two pairs of stays—in searching his lodging, I found a driver's badge and license—in going to the station, Eltham said, "would it make any difference going in another name, as his friends were respectable, he did not wish it to he known—at the examination, William Mould said to me, that his mother had been brought into it innocently, and if it would assist his mother, he would tell where the rest of the doth was.
JOHNSON— GUILTY . Aged 21.— Confined Six Months.
ELTHAM— GUILTY . Aged 20.
W. MOULD†— GUILTY . Aged 20.
A. MOULD— NOT GUILTY
JOHN TREW . I am a cravat-maker, and live in Park-street, Camden-town. On the 11th of January, about twelve o'clock, the prisoner came to my house to take a lodging—my wife showed him the apartment—he saw me—he agreed to take it, and to give 15s. a week, without asking any price—he said he had come from France, and he had some boxes which had come by the railroad, and were at the railroad station, Euston-square—(that is the Birmingham railroad station)—he said he had 21l. to pay for carriage, or something to that effect, and he had paid 15 1/2 l., and wanted to know what would make up the remainder—I said 5l. 10s.—he wanted me to advance it him on some shawls and a watch which be pulled out, and put on the table—I said I had no money in the house, I could not do it, but he offered me very fair promises, and said he would pay me three or four months in advance, and offered 15s. a week for the room—we borrowed 3l. of a lodger, and made up the rest in silver, one half-crown, two shillings, and one sixpence, to help to redeem the boxes and trunks he had at the railroad—he left the shawls, but wished to take the watch to make up the remainder of the 5l. 10s.—he said he was going to pledge it—I said our servant should take it, if it would be any convenience to him—he said he knew a place where he could pawn it for 2l., and he wished me or some person to accompany him to the railroad—I said I would go myself—he produced these shawls on the table—he said they were camel's hair, and were worth five guineas each—I lent him the money to secure him as a lodger.
Q. If he had not said any thing to you about his trunks at the railway, and if he had not produced the shawls and the watch, should you have lent him the money? A. Certainly not, unless I was to accompany him for the trunks—we went together as far as the Birmingham station, and he wished me to go into a public-house in Whittlebury-street, to take something before we went after the boxes and trunks—he called for a glass of brandy and water, and while we were drinking, he wished to go out to pledge this watch to make up the remainder of the money—I asked him how long he would be, he said "About a quarter of an hour"—I would not have consented to his going, unless these shawls of camel's hair, worth five guineas a-piece, had been left at my house—he went, and did not return.
Cross-examined by MR. PHILLIPS. Q. These lodgings of yours were worth 8s. a week, were they not? A. That was what we had generally had—it was partly to secure him as a lodger, and partly on the value of the shawls, that I advanced the money—if he was willing to give 7s. a week
more than the lodgings were worth I should not have refused it—if he had offered but 5s. a week for the lodging I would not have had him—my chief inducement was to secure a good lodger, and likewise to accommodate him—I have not been a loser by this—I got my 3l. 5s.—if I had not expected him as a lodger at 15s. a week I certainly would not have advanced him the money at all.
JAMES WALTER SCOOT . I am porter at the London and Birmingham Railway station—I have charge of all the goods on the arrival of the trains, I know the prisoner by seeing him—he had no goods left with me about the 11th of January—I had none directed for him.
Cross-examined. Q. I suppose people sometimes deposit goods in other names? A. At times they do.
THOMAS WRIGHT , I live in Aldgate, High-street. I know the prisoner as a customer—he bought of me shawls similar to these—the three shawls now produced are worth 1l. 2s. 6d.—two of them are worth 7s. each, and one 8s. 6d.—they are not camel's hair—I believe them to be worsted.
(The prisoner received a good character.)
GUILTY . Aged 87.— Confined Two Months.
Before Mr. Sergeant Arabin.
JOHN GORE . I am a merchant, and live at Woodford. The prisoner was my nurse-maid—after she quitted I received information, and found some property at the office marked with my name—the property is here—I cannot swear to the other articles, but this spoon is mine—we had not discharged the prisoner, she gave us the usual notice, and her wages were paid up.
Cross-examined by MR. CLARKSON. Q. Is it not about two years since she left? A. Yes—we had a high opinion of her—this spoon was not in use amongst the family—it is old plate, and was used amongst the servants—Mrs. Gore is at Woodford—she was required to be in attendance, but I did not wish her to come up—I was unwilling to prosecute the prisoner—wenever missed this spoon—the prisoner has been carrying on the business of a laundress since she left my service.
BENJAMIN LOVELL (police-sergeant R 15.) Inconsequence of information, I went to the prisoner's house, on the other side of Blackheath—I asked if she had lived at Mr. Gore's—she said, "Yes"—the daughter-in-law went and brought the spoon—I then asked the prisoner if she had any thing more with Mr. Gore's name on it—she said, "No"—I searched, and found these other things.
Cross-examined. Q. Did you have your information from a woman? A. No, from the prosecutor—I have seen a woman named Wilson since the prisoner was taken, and she was at the office every day.
Before Mr. Common Sergeant.
JAMES DRISCOLL . I am the son of Martin Driscoll, at West Ham. The prisoner lodged with us—I saw him open a drawer on the 14th of January, take out a handkerchief of my father's, put it into his pocket, and go out.
PETER M'QUILLEN (police-constable K 375.) I went after the prisoner and charged him with stealing a handkerchief—he said he knew nothing of a handkerchief—I was present when he made this statement in this deposition, and the Magistrate signed it—this is his writing—(read.)
The prisoner, on being called on for his defence says, "I wanted some money, and as Mrs. Driscoll was not at home, I took out of her drawer the silk handkerchief, bull did not intend to steal it—WILLIAM COTTON."
Prisoner. The prosecutor knows it was not taken with the intention of stealing it.
GUILTY . Aged 23.— Transported for Seven Years.
Sixth Jury, before Mr. Sergeant Arabin.
JOSEPH GRIMWOOD . I am a shoemaker, and live at Stratford. I lost a number of boots and shoes, and spoke to the pawnbroker. On the 20th of January, between eleven and twelve o'clock, Mr. Brasher's man came to me—I know the boots now produced to be mine—they had been taken from the side of my shop-door.
CHARLES HENRY LAWES . I am in the service of a pawnbroker. On the 20th of January, the two prisoners brought these boots to me—they said they were their brother's—I had received notice and stopped them.
Rogers' Defence. They were given us by a boy we did not know—he said he would give us 1d. to go into the shop with them.
(The prisoners received good characters.)
ALLEN— GUILTY . Aged 15.
ROGERS— GUILTY . Aged 14.
Recommended to mercy— Whipped
Before Mr. Common Sergeant.
765. CHARLES WRIGHT was indicted for stealing, on the 19th of January, 40lbs. weight of hay, value 2s., the goods of John Masser Dean Stanley, his master; and JACOB DAWSON , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
MR. CLARKSON conducted the Prosecution.
JOHN MASSER DEAN STANLEY . I am a farmer at Hornchurch, in Essex—Wright was my wagoner. I had occasion early in the morning of the 19th of January, to send him with a load of hay from Hornchurch to London—William Patten, my boy, was to accompany him—I do not know at what time they left—two or three days after, Richardson, a policeman, produced some hay to me—I examined it—I had hay on my premises in stack—I had reason to believe that the hay shown to me was part of my stack—the prisoner had no right to cut hay from my stack for the purpose of his horses—he had strict orders to the contrary—he had ample provision of corn and chaff for his horses on the road—so much so, that they often bring some back—I send it in nose-bags, and they have a sack also—I know nothing of Dawson.
Cross-examined by MR. PHILLIPS. Q. Do you mean to say he was never allowed to take hay to feed his horses? A. Never, I never knew of his taking hay before—I cannot exactly swear to this hay, for two trusses resemble each other—he had been in my service about five months.
WILLIAM PATTEN . I am in the service of the prosecutor. I was mate to Wright on the morning of the 19th of January, when we went up from Hornchurch—we started about three o'clock in the morning—I met the wagoner at the farm—there is a hay-knife belonging to the farm—he took it out of the stack and cut a bit of hay out square, like a truss, nearly a truss, and put it on the top of his load—he stuck the knife in the stack again—as we were going up, before we got to East Ham he said, "Don't you say nothing about this bit of hay to nobody"—I did not say any thing—we went on till we came to the Rising Sun in East Ham—Dawson is ostler there—when we got there we stopped—the nose-bags were put on the horses—after that, Wright got up on the top of the cart, and chucked the bundle of hay down to Dawson, and he took it into bis stable—I heard no conversation—I knew that Wright bad no right to any hay for his horses—no one was up on the premises in the morning when we started—after the horses had been fed at the Rising Sun, we went on to London—no hay was given to the horses by me or Wright—when we got to the farm two or three days after, Wright said, "There is a policeman, I don't know what he is after"—he said, "Don't you say any thing about that hay to your master."
Cross-examined. Q. Are you sure you did not chuck it down yourself? A. Yes, I thought Wright was doing wrong—I did not like to tell my master—I thought he would have hided me—I did not tell any one about it till Mr. Stanley asked me—I went home with the horses—we used often to stop at that public-house, and occasionally to feed there—the foreman got the corn for them out of the granary—the prisoner cut the hay from the stack—I cannot say how often we fed the horses at this house—we stopped there a good many times—he cut the hay on the Tuesday morning, and I told my master about it on the Saturday afternoon—Johnson did not tell me he would hide me if I told—I did not expect to get any thing I am sure—we got to the Sun public-house about seven o'clock.
MR. CLARKSON. Q. How old are you? A. Thirteen—I had been a good many times down the road—the ostler and Wright knew one another—the food for the horses was put in the nose-bags, and in a bag—we were not allowed to take hay for the horses, or to give to the ostler.
him to the gaol at Ilford, and he said on the road that the boy Patten had told a story about seeing him deliver some hay to the ostler at the Rising Sun public-house—he said, "It was impossible, he was at the back of the house and I was in the front,"—he said, "I know I have done wrong—I cut a piece of hay from the stack, tied it up, and put it on the top of my load, for the purpose of feeding my horses."
WILLIAM RICHARDSON . I am an Inspector of Police at Ilford. On the 19th of January, I went to Dawson, the ostler, at the Rising Sun, about eleven o'clock—I asked him to show me where his hay and corn were kept—he took a key out of his pocket, opened a door and said, "There, look at that; I can show you another like that"—he walked away sharply—I followed, and when he was about thirty yards ahead of me, he cut way—I pursued and overtook him.
WRIGHT— GUILTY . Aged 31.— Confined Six Months.
DAWSON— GUILTY . Aged 32.— Transported for Fourteen Years.
MR. CLARKSON conducted the Prosecution.
WILLIAM RICHARDSON . I searched the premises of the Rising Sun, where the prisoner was ostler—I found sixteen sacks in the place where he kept his corn, belonging to different farmers, mostly containing mixed corn and oats—after he had been some time in custody, he was anxious to tell me how he came possessed of them—I cautioned him and told him what he said I should take notice of—among the rest, there was one sack of Mr. Bigg's, and about two bushels of corn in it—four of the sacks were empty, ten had mixed chaff and oats in them, one had beans, and another had. potatoes.
GEORGE RUDD . I am in the employ of Mr. Thompson, who deals in oranges, and lives at Bethnal-green. On the morning of the 19th of January I stopped at the Rising Sun, at East Ham—I saw the prisoner and asked him for 3d. worth of food for my horse—he gave it me, and lent me a sack with the feed in it—this is the sack, I took it to the door—the Inspector came and took it.
GEORGE BIGGS . I live at Barking, and am a farmer. This sack is mine—I was in the habit of sending my wagon and carts from Barking to London—I have lost a great many sacks—I bought this sack new about ten months back—it was in my granary some weeks, and was filled with wheat—I should think I lost it about a fortnight or three weeks before it was shown to me by the Inspector—I think I had it in my hand about a fortnight before—it is one my carter would have to take to London.
COURT. Q. Had your servants any right to take the sack? A. Yes, with corn to give the horses, but my horses do not bait at the Rising Sun, but higher up the road nearer to London.
(There were five other indictments against the prisoner.)
Before Mr. Recorder.
767. WILLIAM FREDERICK CLEAVE was indicted for embezzlng, on the 12th of September, the sums of 1l. 7s.,3d.; 1l. 5s., and 6s.,3d.,the monies of George Park:—also, on the 9th of January, the sums of 13s.; 13s., and 1l. 6s. 10d., the monies of George Birt ; to both of which he pleaded
GUILTY . Aged 28.— Confined Nine Months.
768. WILLIAM ROBERTS was indicted for unlawfully, maliciously, and feloniously assaulting Mary Ann Jones, on the 25th of January, and cutting and wounding her on her left buttock, with intent to do her some grievous bodily harm.
MARY ANN JONES . I am single and live in High-street, Greenwich. On the night of 25th of January, I was in the Cooper's Arms public-house—I went towards the fire-place and passed the prisoner, who was sitting on the left-hand side—he did not get up, but he ran something very sharp into the thick part of my thigh—I had not spoken to him that evening—I knew him before, but not to speak in any civility to him—I bled a great deal—I went to the station, and was examined by Mr. Stewart, the surgeon—the prisoner had one night before pushed me against the bars of the fire, at the Duke on Horseback public-house, and one night he pushed a pin into me at the same house—I had not given him any offence that I know of—he is a smith—the wound is not healed now—I have suffered a good deal with it.
Cross-examined by MR. BALLANTINE. Q. Had there been a good deal of playing and larking in the room? A. No—there were no other persons there—he seemed quite sober—I had not been drinking—he did not do it in a lark or accidentally—it was as I passed him—I did not press against him.
WILLIAM STEWART . I am a surgeon, and live in Coleman-street, Woolwich. I examined the prosecutrix's person, and found a punctured wound on the left buttock—I did not probe it—it may have been probably half an inch deep, from the extent of the bleeding—under ordinary circumstances it was not likely to be attended with any serious consequences—it would not occasion any grievous bodily harm—it must have been done by a pointed instrument—this nail would produce such a wound.
GUILTY of an Assault only. Aged 18.— Confined Six Months.
Before Mr. Justice Williams.
769. JAMES TAYLOR was indicted for feloniously having in his possession, on the 29th of January, a mould impressed with the resemblance of the obverse side of a shilling.—2nd COUNT, stating it to be the reverse side.
MESSRS. BODKIN and ESPINASSE conducted the Prosecution.
JOHN ROSCOE . I am sergeant of the Metropolitan Police. On the 29th of January I went to No. 6, Mill-lane, Deptford, the prisoner's house, with Sergeant Freeman, between eleven and twelve o'clock at night—the outer door was bolted—I knocked at the door, and the prisoner unbolted it—I found a candle burning in the room—I had passed the house before, and could not see a light, because a cupboard-door opened against the window, and acted as a shutter, but the outside shutter was open—I had had the prisoner in custody about three weeks before—when he opened the door I said, "Well, Taylor," he said, "It is no use your coming here, for I have
not got any of those things in my house"—I said, "Very well, I shall see whether you have or not"—we went into the room—the street-door opens into the room—there is no passage—I commenced searching under the stairs, and found nothing—Freeman called to me, and said the prisoner had thrown something into the fire—there was a very clear coke fire—I examined it, and raked the principal part of it out, but did not find any thing—I examined the back of the grate, and found the file which I was raking with came in contact with a piece of sacking, and I found a sack at the back of the fire concealed among some ashes—it was a very old-fashioned grate, and there was about three bushels of ashes at the back—I found wrapped in the sacking a pipkin with metal in it, thirteen counterfeit shillings, and three moulds—the prisoner knocked at the wall, and called a person on the other side, and said, "Johnny, (I understood him Johnny Redding) here is b—Roscoe here, and he has found two pairs of moulds"—I did not know they were moulds at the time, never having seen any such things before—I gave all the things found to Freeman, and continued searching—I found nothing more at that time—I took the prisoner to the station, searched him, and found three counterfeit shillings, two in one shoe, and one in the other—I had left the house fastened, and a person next door took charge of the key—I searched the house directly afterwards, bout midnight, and saw a broken tobacco-pipe on the hearth—it had not been used for smoking.
Cross-examined by MR. CLARKSON. Q. When asked if you knew the prisoner before, you said you had had him in custody. I presume by that answer you have not been long an officer? A. Yes I have, for ten years—he was never convicted, to my knowledge—I have known him ever since I have been an officer—I went Co bis house between 11 and 12 o'clock—I had not arranged to go at that time—I went there having information that he was coining at the time—I went there at that time in consequence of information—I had not seen the person who gave the information—I received the information from the solicitor of the Mint—I saw no one but the solicitor of the Mint on the subject—he did not tell me the hour I was to go—I was to look out for certain things at a certain place—on my oath, it was not arranged that I should go at midnight—no time in particular was fixed, but any time he was at work, or supposed to be—the door was bolted—there was a bolt to the door, that I swear—I did not touch it—it was an iron bolt, I suppose, it was above the lock—it is a lodging house—one only other person lodged there besides the prisoner that night, but sometimes there are a dozen—I have seen a person named Prebble frequently—I have seen him within two or three days—I think I saw him last night in the Broadway—I did not take particular notice of him—it might have been him or it might not—I did not speak to him—I did not see him the night before, nor the day before—I did not see him at the solicitor's of the Mint—I never saw him at Mr. Powell's, nor at the office—I do not recollect that I saw him on Monday, I might, but I don't recollect—I did not see him to my recollection—I did not see him yesterday in the day time—I think I saw him in the Broadway on Sunday—I won't be positive—he is a man I do not take any notice of—I have spoken to him several times—I swear I did not speak to him on Sunday last, or since—the prisoner was given in custody last Friday night—I saw Prebble that night—I stopped him and searched him—I did not tell the Magistrate that—I had no further conversation with him that night than stopping him and
searching him—that was about 100 yards from the prisoner's house, about an hour before I went there—I will swear it was three-quarters of an hour—I met him near the top of Mill-lane, in the Broadway, at the top of Church-street—I had not been waiting for him—I did not expect to see him, I swear that—I did not say to him, "Is it all right now?"—I never said any thing of the kind—he did not answer me, "Yes, it is"—Freeman was not with me at the time—he has never been with me when I have seen Prebble—on the previous occasion I had the prisoner before the Magistrate who committed him, for the solicitor of the Mint to attend—the Magistrate told him he stood fully committed at the time, but the solicitor of the Mint came down, and he was then discharged—that is about three weeks ago—I swore against him on that occasion—I did not say to him on that occasion, "Never mind, my gentleman; I will have you again before you are much older, by some means or other"—when he came out of the Magistrate's office he said, "I will make them and pass them," and, I could not toutch him, and he didn't care a d—for me—I did not go and tell the Magistrate that I never told any body—I believe Prebble is a black-smith, he had lived with Taylor, I believe—there was a woman living with Taylor—I do not know that she ever lived with Prebble—I have seen her with Prebble, and have caught her along with Taylor, in bed together—I was not the person to communicate to Prebble that I found the woman in bed with Taylor—it is some time ago that I caught him in bed along with her—I never mentioned it to any body—an officer went to the place with me—she had not been living with Prebble till that time—she lived with Taylor—Prebble was in jail at the time for assaulting the police—Prebble is not a convicted thief to my knowledge, I don't believe he is—I never heard that he was a correspondent of the Mint—I never saw him at the office of the Mint or about there—I never conversed with him on the matter—when the prisoner knocked at the wall, he called out, "Johnny, here is b—Roscoe here, and he has found two pair of moulds"—and then he said he knew nothing about them, and that Prebble had put them there—I had seen Prebble three-quarters of an hour before—nobody was with me then—I was alone when I stopped him—a woman, named Ann Cook, who the man had been living with, came out with him—I did not see either of them come out of the house, and cannot say whether she came out with him—I saw one of the authorities of the Mint when the prisoner was in custody before—that was about three weeks before this—I had not seen any body from the Mint for about three weeks—I have seen Prebble several times, but not the same day I went to the prisoner's except when I met him, three-quarters of an hour before—I have been in the habit of seeing him pass and rcpass, but I do not make memorandums of such things—I had not conversed with him that day at all, nor the day before—about a fortnight ago I was going up to Kent-street to apprehend a tinker, and fell in with Prebble on the road, and he went into two or three lodging-houses in Kent-street, and that person was convicted yesterday—I did not apprehend him—I fell in with Prebble on the Kent-road by the canal-bridge—he said he was going to Dockhead—he went with me to Kent-street—I asked him to go into the house after this tinker, who had stolen a gun, and he did—I was not at the trial—I did not take him myself—Prebble and I went into some public-houses together—I gave him something to drink—that was the first time I gave him any thing to drink—it was on a week day—I took him to a public-house in the Dover-road—I fell in with him by chance—I went to
the solicitor of the Mint on Saturday night last—I have been there on several occasions—I have had several Mint cases—I am not paid any thing extra by the officers of the Mint—I get my expenses, that is all—it is so much per day, 7s. or 8s.—that is the largest amount, I believe—that is all I received—I will swear that—I never received more—Mr. Powell pays me—the allowance here, on common cases, is 1s. 6d. per day—I met Prebble a fortnight ago by chance—I had not been inquiring for him, and did not expect to see him—I do not know what public-house we went into first—it is at the corner of the Dover-road—I have been stationed at Deptford ten years—I should know the house if I saw it—I do not know the name of it—it was some time in the forenoon—I think it was in the forenoon, and I think about eleven o'clock—we stopped there about a quarter of an hour, no longer—I gave Prebble some beer there, nothing else, only beer, I believe—I will swear it—I cannot carry all these things in my mind—I paid for the beer—I will swear beer was all I gave him—it was all beer, or half-and-half, no spirits—I was on special duty in plain clothes at the time.
Q. Is it part of your regulations to go into public-houses when on special duty? A. Yes, to go any where—we do what we like with our own money—I do not recollect going into any other public-house with him—to the best of my recollection I did not, I cannot swear it—I will swear I did not go into three or four public-houses, nor into two others, or one other—I mistook you when I said I did not know whether I went into more than one—I will swear I have not drunk with him since a fortnight ago—I do not think I had drunk with him before that, I would not swear it—he does not always live along with Taylor, he lives with his father sometimes—he has lived with his father within the last few months—I was not the person that sent Prebble to the officers of the Mint—I never recommended him to go—I did not know that he was going, or had gone—I did not know there had been any quarrel between Taylor and Prebble about the woman I caught in bed with this man—I never was aware Taylor had succeeded in depriving Prebble of his companion—I never heard of it—there had been frequent quarrels between Taylor and this woman—I had not heard that there had been a misunderstanding, or quarrelling, or threatening between Taylor and Prebble on her account—I have talked with the woman—she came to me one night, some time ago, and showed me a bad shilling, and said Taylor was making every day down at—street, along with a man named Biggs, and if I would go down in the afternoon I could catch him—Prebble was standing opposite at that time—I had not been talking to him—he was about twenty yards off—I do not know whether he was waiting for her—I paid very little attention, for she was pretty nearly drunk—it was three or four months ago—Prebble has been in custody several times for assaulting the police, the last time was nine or ten months ago—I will not swear it was three months ago—he might have been in custody a dozen times and I not have known it—I will swear I have not had him in custody within the last three months—he is a journeyman, he works at different places—he has worked for Mr. Baldwin, but I know nothing about him—he said he was a blacksmith—the first place I went to at the prisoner's lodging was under the stairs—there was a cupboard where there was most likely to be such things among dirt and rubbish—immediately I knocked at the door he opened it—he said it was no use coining there, for he had got no pieces in his house—he said he would have nothing more to do with it, he did not mean to
have any more—Freeman called my attention to the fire-place—he had seen Taylor throw something that way—when I took off his shoes at the station he said Prebble had had his shoes—he did not say Prebble had come in a few minutes before, and taken his shoes, and brought them back again—he was without shoes when I first took him—he said Prebble had lent him his shoes—the shoes were old and worn our, so as to be useless for walking—he said Prebble took his shoes away and lent him his—I did not converse with Prebble the night I took him into custody, further than stopping him, and finding a pillow on him—I had had no information against Prebble—I did not give him any drink on that occasion—I do not know that Prebble is the person who gave the information to the Mint, or to myself, to Freeman, or to any body else.
MR. BODKIN. Q. You had instructions from the authorities of the Mint, did they direct your attention to this house? A. Yes—when I met Prebble he appeared to be coming in a direction from the house.
COURT. Q. You found the different things in some sacking? A. Yes—they were buried underneath—I dare say they were a foot down—I had removed the brees to find them—they might be six or seven inches from the surface.
SAMUEL EDWARD FREEMAN . I am a sergeant of the R Division of Police. I accompanied Roscoe to the prisoner's residence—the door was shut when we arrived—Roscoe knocked, and it was opened by the prisoner—it did not appear to be fastened more than the ordinary lock—on opening the door we entered, and Roscoe said. "Well, Taylor, what are you about?"—Taylor replied that he was asleep—he said, "You will find nothing here, I have got none by me, and don't mean to have any more"—Roscoe commenced searching under the stairs, and I noticed the prisoner apparently throw something into the fire—I said to Roscoe, "He is throwing something into the fire"—Roscoe immediately left he place he was searching, and began raking the fire out with an old file—there was nothing found in the fire—it was bright—he then raked behind the fire, where there was a quantity of cinders and rubbish on a ledge, and turned up a small bundle wrapped in dirty rags—I produce the contents of it, which are, a pipkin, containing some white metal, with a counterfeit shilling in the metal, as if it had been thrown in when the metal was soft—it is fixed; and in the pipkin there were also thirteen counterfeit shillings, and three plaster moulds—on these being found, the prisoner knocked at the next house, and said, "Johnny, come in, the police are here, and have found two pairs of moulds"—he said, "The officers are here, and have found two pairs of moulds, but, so help me God, I know nothing about them; God strike me dead if I do"—I am not aware that he mentioned the name of either of the officers in calling to the person—I knew him before—I partly searched him—his pockets were turned out—I found nothing—he had his shoes off then—I remained in the room till he was taken away—he put on his shoes when he left—I was present when he was searched at the sfation, and saw three counterfeit shillings found in his shoes.
Cross-examined. Q. In what part of his shoes did you find them? A, Between the stiffner and the upper leather—it was unripped—it was in the upper lining—there was an upper leather—it was between it and the lining, two were in one shoe, and one in the other, both in the same place—when Roscoe knocked at the door there was very little delay, apparently as if a person had come from the other end of the room, not longer than that—I met
Roscoe about half an hour before I went, in the Broadway—I did not meet him by accident, I expected to meet! him, I had appointed to meet him—he told me he should require me that night, and fixed the hour about eleven o'clock—I do not know Prebble—I never saw him, to my knowledge—when the prisoner threw something into the fire the motion was as if he threw something—he was not aware that I saw him—nothing was found—if he had thrown any thing it might escape me, from the quantity of rubbish there—Roscoe did not tell me that he had seen Prebble about this—I have heard Prebble's name mentioned—I have heard Sergeant Roscoe mention it—to the best of my belief, he did not mention it that night—he told me he had made inquiry of Prebble respecting a man he wanted for a gun—he told me that Prebble had told him on some previous occasion that Taylor was engaged in coining, and he wished Prebble to give information to the Mint.
JOHN FIELD , I have examined these moulds, which are for the purpose of coining—I have applied one of the counterfeit shillings produced, and it appears to have been cast in this—the other thirteen are all of the same description, and I believe were cast in it—two of these others appear to have been cast in this mould, and one does not—the pipkin contains white metal of the same description—fifteen of the shillings appear to have been made in this mould.
SAMUEL EDWARD FREEMAN re-examined. The prisoner was taken to the station a quarter of an hour after we got to the house—he was without shoes when we came in—the shoes were lying on the floor, not together, but separate from each other—I had my eye on the prisoner all the time—nothing could have been put into the shoes after we entered.
Before Mr. Recorder.
JAMES HENDERSON . I am a boot and shoemaker, in Powls-street, Woolwich. On Thursday evening, the 28th of January, the prisoner came to my house, about eight o'clock, and asked to look at some children's boots, which came to 3s.—my attention was drawn to another customer, and I heard the lid of the prisoner's basket shut down—she left without purchasing any thing, and I missed a pair of boots off the back of a chair at the farther end of the shop, where she had stood—I went out and found her at a grocer's shop—I opened her basket, and the boots were inside—she said she had purchased them of a man in town—I gave her in charge—the boots had only been brought into the shop ten minutes before, and I had not marked them, but I am quite satisfied of them.
WILLIAM HENRY BAKER . I made these shoes for the prosecutor, and took them home on Thursday afternoon, the day this happened, at a quarter past seven o'clock—I have not made any for any body but him since a fortnight before Christmas.
Prisoner's Defence. I bought them of a man in town; I did not know the man; there were several other persons standing by.
(The prisoner received a good character.)
GUILTY . Aged 27.— Confined Fourteen Days.
771. THOMAS NORTON was indicted for stealing, on the 18th of December, 100lbs. weight of iron, value 30s.; 7 bags, value 14s.; 2 iron wedges, value 5s.; 40 dog-nails, value 5s.; 12 spike-nails, value 4s.; 160 bolts, value 50s.; 100 nuts, value 20s.; 100lbs. weight of nails, value 30s.; and 28lbs. weight of iron hooping, value 5s.; the goods of Thomas Grissell and another, his masters.
MR. ESPINASSE conducted the Prosecution.
WILLIAM BURKINSHAW (police-constable R 27.) I am stationed at Bexley-heatb, Kent. I know the prisoner by sight—I searched his house on the 19th of December—I had him in custody at the time at Bexley station, which is about three miles from Shoulder-of-Mutton Green—I found a great quantity of iron at his house—I found some wedges, nails, bolts, nuts, and various articles mentioned in the indictment—I have brought a sample of them here—I gave them to Clifford, the police-sergeant—I found seven bags, one of which is here.
Cross-examined by MR. PRENDERGAST. Q. Where did you find them? A. In a wash-house or kitchen—there was a great quantity of tools there—there were no washing-tubs or stove—I cannot say whether there was a copper—I think there was, but I am not certain—it is the part of the house generally designated the wash-house, a small back attachment to the house—I did not know that he carried on his trade there—I saw a great many carpenter's tools there, and a few smith's tools—I have known him by sight since last August—I never heard that he was in the habit of buying iron before he was in his present employment—a good deal was quite open, but some was over the chimney-piece, to all appearance rags and rubbish, but I found various sorts of iron work among it—it was behind a shelf, covered with a great many rags—there was some iron to be seen—I found a great deal of iron behind a cask of wine—that was bolts, in an unfinished state.
DANIEL FRASER . I am a general superintendent of the works of Grissell and Peto, who are building new docks at Woolwich. I have been so during the last nine months, during which time the prisoner had been in their service as assistant to the smiths, or hammer-men—we had large stores of iron bolts, nails, and things, which the prisoner had access to—we have missed a great quantity of iron materials—we missed some iron wedges, some of which were defective and unfit for use—three iron wedges were marked "G" and "P"—I know the wedges produced to be the prosecutor's property—they were made in Woolwich-yard, and have not been used, being too short—here are some dog-nails, made for a special purpose—I know them to be their property, and these bolts I know by a very large screw—the dog-nail is a particular rough one, and is seldom used for any other purpose but dogging down rails for a railway, temporarily—these nuts I know without doubt to be their property, because they fit the bolts we have on the ground—it is a common way to make them—you will seldom find a nut fit any thing but the bolt it is made for—this chain is their property—we have part of the same chain on the works now—this bag I know by being one of those we have on the works—it is not the property of Grissell and Peto, but we are accountable for all that are deficient—here is some iron hooping—I cannot say that I particularly know
this, but I linvc every reason to believe it is theirs, as I found some of the very same rolls in the works, in the smith's shop, where the prisoner was at work—it is bound the same as this—the things are worth 6l. or 7l.—I saw a quantity of iron at Bexley heath station which belongs to Grissell and Peto.
Cross-examined. Q. Was it the same as you have here? A. This is part of it—some of it is manufactured at the works, and some in town—I can swear to them, because they are manufactured rough for temporary purposes—they are not finished off as for sale—the nuts will not fit different bolts—they come from Woolwich-yard—I have no doubt but some of these bolts answer to the nuts—the prisoner had been nearly ten months with us—I found him on the works when I went there—I do not know that his family is engaged in dealing in iron.
COURT. Q. Did you try a sufficient number of the nuts with the bolts to say that they reasonably fitted as if made for them? A. Yes, the value of the property produced in Court is about 20s.
MR. PRENDERGAST. Q. You cannot prove any particular loss? A. We missed things, and have only found these—we have some hundreds of these things.
GUILTY . Aged 46.— Confined Nine Months.
Before Mr. Justice Williams.
(The prisoner was delivered of an illegitimate child. There was no proof that it did not die from natural causes.)
Before Mr. Sergeant Arabin.
773. SOPHIA DOBSON and MARY POWELL were indicted for stealing, on the 1st of February, 1 gown, value 3s.; 3 petticoats, value 5s.; 1 sheet, value 2s.; and 1 bolster-case, value 6d.; the goods of Elizabeth Donovan; to which
DOBSON pleaded GUILTY . Aged 37.— Confined Six Months.
ANN GUEST . I am a laundress, and live at Greenwich—I wash for Elizabeth Donovan. On the 1st of February, I hung out these articles with others belonging to her—I missed them—the articles now produced are them.
THOMAS HOUGH . I am a labourer at Greenwich. On the 1st of February, I was passing the prosecutrix's, and saw Dobson come out of the back-yard carrying these things—Powell was waiting at the corner of the yard for her—they joined and went up Creek-place—I pursued and found them together—Dobson was carrying the bundle.
Powell. Q. Did you not tell two men to stop me? I came back myself. A. Yes.
Powell's Defence. I met this woman—she asked me to wait a few minutes for her—I did not know what she brought back—I went a little way with her.
POWELL— NOT GUILTY
Before Mr. Common Sergeant.
GUILTY . Aged 26.— Confined Three Months.
GUILTY . Aged 16.— Confined Three Months.
MARY SIMONS . I am the wife of Simon Simons, a labourer, living at Lewisham—the prisoner lodged at our house. On Wednesday night, the 27th of January, I placed three sovereigns and three pence in a small purse in a drawer, which was not locked—the prisoner slept there that night—I missed the money the next morning.
WILLIAM KIRBY (police-constable R 155.) I took the prisoner. I then went to his brother's, and went into the wash-house—I found there seven half-crowns and two sovereigns—I asked the prisoner about it—he said he knew nothing about it—I then took him to the cage at Lewisham—he then said, "They were wrong in saying the money was taken from the bed-room drawer, I came down stairs in the morning, the money laid on the table, and I took it, it would have been better for me if I had said so at first, I thought the money would do me no good."
GUILTY . Aged 28.— Confined Six Months.
MESSRS. BODKIN and ESPINASSE conducted the Prosecution.
SUSAN CALLOW . I am the wife of William Callow, we live in William-street, Woolwich. On the 23rd of January, I was selling pies in the street—the prisoner bought one—he gave me a shilling—I told him I did not much like the look of it—he said it was good as far as he knew—I gave him a sixpence and 5d. in copper—I put the shilling into my pocket—I had no other there—I afterwards showed it to my husband—I got it back from him, and put it into a cup—I afterwards gave it to the officer—I am sure it was the same.
ELIZA HIGMAN . I am the wife of George Higman—he is a drayman—I sell ale. On the 23rd of January, about half past eight o'clock at night, the prisoner came to my house for half a pint of ale, which came to 1d.—he gave me a shilling—I looked at it, and said it was bad—he said if I would give it him he would give me 1d.—I would not, but told him to go and get the penny—and while he was gone I looked in my till, and found another bad shilling—I told the prisoner so when he came back, and he ran off—a policeman was sent for, and the prisoner was brought back—I gave the shilling the prisoner gave me to Beech.
JAMES TEBBUTT (police-constable R 06.) On the night of the 23rd of January I was going on duty in Hare-street, Woolwich—I saw the prisoner, and Mr. Higman running after him—I pursued and took him—I found 4 1/2 d. on him.
GUILTY . Aged 21.— Confined Six Months.
Before Mr. Recorder.
778. ANN DRAKE was indicted for feloniously receiving of a certain evil-disposed person, on the 23rd of January, 2 sovereigns and 1 half sovereign, the monies of John Slade, well knowing them to have been stolen; against the Statute, &c.
MR. RYLAND conducted the Prosecution.
ELIZABETH SLADE . I am the wife of John Slade, a pensioner—I live at Greenwich. In the last month my daughter was living with me—about the middle of the month I had seven sovereigns and two half-sovereigns in gold—I last knew of their being safe a fortnight ago—I used to keep it in a little bag in my pocket—I do not sleep at home above twice a week—I am employed in Greenwich hospital—when I slept at home I deposited my pocket near the bed foot—I went to pay a person half a sovereign for rent, and then I missed two sovereigns and a half, about four or five days after I had seen it safe—Mary Ann Crawley lives in the same house with me—in consequence of what she told me, I spoke to my daughter about this money—my daughter told me something—in consequence of that a charge was made against her and the prisoner.
Cross-examined by MR. HORRY. Q. I am afraid you have got a very troublesome daughter? A. She has given me a great deal of trouble now—not before—she has never staid out of doors before—she was sleeping in my room—she was not away from me any night—my husband lives with me—he has been angry at my daughter going away to Mrs. Drake's and other places, but she was never out late at night—her father has never quarrelled with her for staying out of a night—I taxed her with taking my money—she did not tell me at first—she gave me a little trouble to get it from her—I told her I would forgive her if she told me the truth.
MR. RYLAND. Q. Was it after you missed the money that your daughter left you? A. Yes, the same night that she took the money.
ELIZABETH SLADE, JUN . I am twelve years old, and am the daughter of Elizabeth Slade. My mother accused me about 2l. 10s.—I did not deny it at first—I took the two sovereigns and a half from my mother's pocket about three weeks ago—her pocket was on the floor—it was in the morning—about that time I had been in the habit of going to Mrs. Drake's—herhusband is a college man, and supports her—she does nothing—before I took the money the prisoner told me to get some money if I could from any where—she did not say any more—the next time I saw her she asked if I had got any money—I had not got it then—she said if I could get some money she would buy me a great many things, and would send me to Dartford to her sister—she said nothing more to me before I took the money—when I had taken it I went over to the prisoner's with it, and gave it to her—I told her where I got it from—it was on a Sunday—she
kept the money till the Saturday following—I saw her again on the Saturday following—I went with her and her little boy to Mr. Kershaw's, a linen-draper, in London-street, Greenwich—the prisoner carried the little boy—I think he is three years old—the prisoner gave me two sovereigns and the change for half-a-sovereign as we were going through the court—wewent to Kershaw's shop together—I bought two day-caps, two night-caps, a gown-piece, two blue aprons, two pairs of stockings, a pair of gloves, two shawls, and some ribbon—the prisoner was present at the time—I took the things to her house—they cost 19s. 1ld.—I carried them a little way, and then the prisoner took them—I gave the rest of the money to her, and she put it into her box—I went to Mr. Tyrrell's, and bought a bonnet—I gave it to Mrs. Drake—she trimmed it for me with the ribbon I bought at Kershaw's—I did not go home that night—I was frightened for fear my mother would beat me—I slept that night in a water-closet in White's-court—on Sunday morning I saw the prisoner in her room—her husband went to my mother, and told her I was come back—Mrs. Crawley came and took me home from the prisoner's.
Cross-examined. Q. That was the next morning after you had slept out all night? A. Yes—I slept right opposite the prisoner's house—I was afraid to go home because I thought my father would kill me—he has been very angry with me from time to time, and threatened to beat me several times because I did not mind what he said, and would go into company he did not like—he has beat me five or six times—I bought the things for myself—oneof the shawls was for the prisoner's daughter, and one of each caps—Ibought one frock for myself—two blue aprons, one for myself, and one for her daughter; two shawls, one for me, and one for her daughter, and the trimmings and gloves for myself—I went to Mrs. Drake's on the Sunday morning—she lives right opposite my father's house—my father was out—I was afraid of going to Mrs. Drake's, for fear he should see me—I went to the prisoner's, and Mrs. Crawley came and fetched me home about eight o'clock—I watched my father out—I talked to the prisoner about going to Dartford several times, because I was afraid to stop at home on account of my father.
COURT. Q. You say you told Mrs. Drake where you got the money, tell us as near as you can what you told her? A. I told her I had taken it from my mother's pocket—she made no remark on that.
MARY ANN CRAWLEY . I live in the same house as Mrs. Slade—I heard of this girl staying out all night, and at her mother's request I went to the prisoner's—I had heard she was there on Sunday morning about nine o'clock—I saw the prisoner—Mr. Drake came in—he said he had been to tell her mother that she was come home—he said to the prisoner, "Give her all that belongs to her," and she gave me two bonnets and two shawls of the girl's—I then took her away.
JACOB MEAD . I am in the employ of Mr. Kershaw, a linen-draper. I served Slade with some goods—she had a woman with her, who had a child in her arms—I believe the prisoner to be the woman—the girl bought two caps, seven yards of ribbon, a pair of gloves, a dress, and some flowers—they came to 18s. 1d. altogether—the girl paid for them with a sovreign—I saw the things at the police-court—I believe they were the same—theyhad not our mark on them—the two persons were in the shop all the time, and went away together.
Cross-examined. Q. Are you quite certain it was the prisoner? A.
I feel confident it was—we see three or four hundred persons a day—I remarked her particularly on account of the girl laying out so much money, and being a poor girl.
Cross-examined. Q. Did you go to buy the bonnet by yourself? A. Yes, Tyrrel's is almost opposite Kershaw's.
ELEANOR KING . I live in Church-fields, Greenwich, with my daughter, who is a dress-maker. Last Saturday fortnight Elizabeth Slade came to my house, and bought two caps, to be made up and trimmed—she left them with me—the prisoner came an hour after, and said they were not to be made up till I heard from Betsy Slade—Mrs. Crawley came in the evening, and asked if I had seen Betsy Slade—I afterwards gave the caps to the mother.
ELIZABETH SLADE re-examined. I have had no communication with the prisoner or her husband about the rest of the money—they never offered to pay it—they never intimated that they had got it—the prisoner did not intimate to me that she intended to send the girl any where.
MARY TOSLING . I live in Church-row. The girl changed half-a-sovereign with me on the 10th of January, and said she had picked up a sovereign on Deptford-bridge—she had the sovereign in a piece of white paper, as well as the half-sovereign—she bought tea and sugar, some bread, and some coffee—she had a little boy in her arms, that she called Billy—it was not Mrs. Drake's child—it was on Sunday morning—I gave her 7s. change—she laid out 3s.—she told me her father and mother and she had been travelling, and come to Mrs. Care's to live again—on my oath it was Sunday morning, the 10th of January—we sell on Sunday morning—I keep a chandler's shop—I open shop about seven o'clock in the morning.
ELIZABETH SLADE re-examined. My daughter told me it was on Saturday morning—Mr. Drake told me they had two crumpets a piece—thegirl did not breakfast at home on Saturday morning—I cannot tell what time she left—I got up at six o'clock to go to the College, and left her in bed with her brother, and within five minutes after she went to Mrs. Drake's—I was not at home at the time.
COURT to MARY TOSLING. Q. On the oath you have taken, was it Saturday or Sunday morning that these things were bought of you? A. On Sunday morning.
NOT GUILTY .
Before Mr. Recorder.
779. EDWARD BROWN was indicted for feloniously breaking and entering the dwelling-house of Alfred Martinelli, on the 25th of January, and stealing therein, 3 rings, value 5s.; 2 shawls, value 1s.; 2 handkerchiefs, value 2s.; 1 gown, value 2s.; 1 pencil-case, value 8s.;1 box, value 1s.; 1 piece of stone, value 6d.; 4 sovereigns and 10 shillings; the property of Caroline Amelia Green:—3 brooches, value 3s.; 1 breast-pin, value 1s. 6d.; 2 seals, value 2s.; 1 split-ring, value 6d.; 1 watch-ribbon, value 6d.; 7 images, value 1s. 6d.; and 1 knife, value 1s.; the goods of said Alfred Martinelli.
ALFRED MARTINELLI . I live at No. 26, New-street, in the parish of Lambeth. On the 25th of January I left home, about three o'clock in the afternoon, with my wife—I left the front parlour-window quite secure, with a spring latch to it—I have a lodger, named Green—she was at home when I left, in the front-room first floor—I returned a little after eight, and found the parlour window broken, and the latch undone—I missed the images off the mantel-piece, and other articles stated, from the room.
CAROLINE AMELIA GREEN . I lodged in the front-room first-floor of the prosecutor's house. On the 25th of January I left the house, about half-past four o'clock, with my cousin, leaving nobody in the house—I shut the street-door, and am quite sure it was fastened—I returned between nine and half-past, after Mr. Martinelli, and missed three gold rings, four sovereigns, 10s., a 3d. piece, a small-box, a dress, two shawls, a pencil-case, and two handkerchiefs.
MARY ANN JONES . I am the wife of William Jones, of No. 64, New-street, Kennington Cross. On the night of the 25th of January, I was coming home about ten minutes before seven o'clock, and saw three young men near Mr. Martinelli's house, whispering together—I passed them, and spoke to Churchill, who returned with me, and then I saw the same three young men come out of Martinelli's house—Churchill ran after the prisoner, who was one of them, and took him—two of the three had bundles, the other had not—the prisoner had a bundle—I went, and called a policeman—I pointed out the direction in which the young men had run, and he picked up a bundle down a street at the corner of Martinelli's house.
Prisoner. I was standing at the corner of a street and saw three men come running up a dark street, and one behind them, hallooing, "Stop thief"—I did not move from the corner till they passed—they ran down a turning. Witness. I heard no cry of "Stop thief" before Churchill seized the prisoner, and he hallooed "Stop thief"—he was secured in Lower Park-street, which is the next street but one—I am certain he is one who came out of the house.
ROBERT WILLIAM CHURCHILL . I am a labourer, and live in Park-street, Kennington—I saw Mrs. Jones in New-street, about ten minutes to seven o'clock, on the 25th of January, and went down the street with her—I saw three men come out of Martinelli's house—I could not distinguish who they were at the time—I know all three of them—the prisoner is one—hewas the last that came out, I am certain—he had nothing with him that I saw—if I ever said he had a bundle, it was a mistake—I went down the street on the left and secured him—he had no bundle then—I had not lost sight
of him from the time he came out of the house till I seized him—I did not know him before—I heard money rattle when I took him, and found four sovereigns, six shillings, three sixpences, a 3d. piece; two seals attached to a ribbon, three rings, two brooches, a silver pencil-case, a gold pin, and a little box—they were all loose, some were on the pavement, and some in a garden in front of the houses—I gave them to the constable, with a ring and brooch which some one gave to me on the spot.
CHARLES CUTBUSH (police-constable L 63.) I received the prisoner in charge with the property—Mrs. Jones pointed out a street about one hundred yards from the prosecutor's—I ran in that direction, and picked up this gown, shawl, and handkerchief.
(Property produced and sworn to.)
Prisoner's Defence. When the three men ran past me down the street, I ran to see what was the matter—Churchill grabbed hold of one of the men, and he dropped something—he then let go of him, came over and collared me, saying, "You are one of the party," he then said, "No, I cannot swear to you;" and let me go—I went over the way with him, and staid while he picked up the things; a lot of women and boys said I was not the party.
ROBERT WILLIAM CHURCHILL re-examined. I did not catch hold of any body before him, nor did I say I could not swear to him—I took hold of nobody but him—there were only three men in the street—I did not let him go.
GUILTY . Aged 17.— Transported for Ten Years.
Before Mr. Justice Coltman.
780. ROBERT LANGSTON, JOHN EDWARDS , and EDWARD HOPKINS were indicted for unlawfully, maliciously, and feloniously assaulting James Michael Wood, on the 20th of January, with intent to do him some grievous bodily harm.—2nd COUNT, stating it to be with intent to resist and prevent the lawful apprehension of the said John Edwards.
JAMES MICHAEL WOOD . I am a shoemaker, and live at No. 26, Duke-street. On Wednesday, the 20th of January, in the evening, I was going to my employer's in the London-road—I was going up Duke-street, and as I came on the opposite side to No. 3, I saw Edwards and another man come out of Mrs. White's house—Edwards had a bundle—they left the street-door wide open—I saw some others lurking about outside, and followed them—they were three suspicious characters, as I considered—I saw three standing near the spot, besides the two who came out—they were doing nothing, but standing close on the spot—Edwards and the other walked down Duke-street, and I followed them, leaving the three men where they were standing—Mrs. White is no acquaintance of mine, but I live in the same street—I could see into the house, and could see nobody but the men who came out—I knew they did not live there, as nobody but Mrs. White lives there—about the middle of Duke-street they parted, Edwards walked sharply away, and turned the corner into Webber-row towards Waterloo-road, and at the corner of Waterloo-road I laid hold of his collar, and said, "Come back"—he made a stop, and I thought he seemed to put himself in an attitude of defence—I put my hand into my pocket, and said, "If you play any tricks with me, I will shoot you on the spot"—I had nothing to shoot him with—he said nothing, but walked quietly back with me to Mrs. White's—the bundle turned out to be a clock—he had it with him—I sent for Mrs. White, who came—I asked if she had lost any thing—she
looked about, and said, "Who has been pulling my things about?"—Isaid, "Fetch a policeman,"upon which Langston and several others came to the door—I said to Mrs. White, "Shut the door, for there is some of the party"—I still held Edwards—the people at the door directly rushed in, and Langston struck me on the side of the head—it went right through my hat, and cut the lining and all—I could not see what he struck me with, but I am positive it was not with his fist—the moment he struck me, he said with an oath, "You b—, let go," and laid hold of Edwards and lugged us both out together into the street—he laid hold of Edwards, and I was drawn out with him—when we got into the street, I was thrown down and kicked in the body, by some person—I still kept hold of my prisoner, and called "Murder," "Police"—Edwards was down as well as myself—the policeman, No. 36, came to my assistance, and I gave him in charge—he was taken to the station—another policeman came to my assistance and secured Langston—I left the bundle in the house—I took it from Edwards when I brought him to the house—I saw it was a clock when I took him in Waterloo-road, it was not wrapped in any thing—my head bled for about an hour and a half from the blow—the policeman took me to a surgeon to have it dressed—the surgeon is not here—there was a great deal of blood—I have never been able to do any employment since—Ihave kept my bed for above a week—Edwards did not strike me at all—Ihave nothing to say about Hopkins—he was in the crowd at the door—Idid not see him do any thing.
Langston. Q. Before you got Edwards into Mrs. White's, did you see any person standing in the street? A. I did not bring Edwards up Duke-street, but round another way—at the time I brought him back I saw nobody standing by the door—I am positive you are the man who struck me.
JANE WHITE . I live at No. 3, Duke-street—I was fetched home on the night in question—when I got there Mr. Wood stood there with the clock in his hand, and with Edwards in his other hand—it is my clock—I had seen it safe a quarter of an hour or twenty minutes before, banging on a nail opposite the window—I was at home then, and went out to a stand which I have with fruit—I left all right then—I could not swear whether the door was fastened or not—I know I did not leave it quite open, but very likely not quite fastened—I think it was ajar—Edwards is a stranger to me, and so are all the prisoners—when I got home Wood said, "Send for a policeman;"I said, "Let me have my clock, and don't send for a policeman"—he said, "I insist on it, you shall not be robbed, I will have a policeman"—then a person rushed in and struck something over his head—I do not know who it was, I was so frightened—I heard the blow struck, but did not know what it was with—it could not have been a fist, for he was too far off—I rushed out to call a policeman, and fell down in the kennel—I got up, fell again, and Mr. Baker, of the Oxford Arms, hearing the alarm, came out and caught one of the young men.
Langston. I ran into the smith's shop, and called the landlord of the public-house to assist the man who was down—I had no concern in assaulting him.
MARY CANTERBURY . I was in Duke-street between six and seven o'clock in the evening, and saw Wood leading a young man by the collar—Ifollowed him to No. 3, and then Wood said, "Go and fetch Mrs. White, and then bring a policeman"—I fetched Mrs. White—then Wood sent me
for a policeman—I turned to fetch the policeman, and met five young men as I came from the door, and one said to Wood, "Bring him out, and take him to the station"—Wood said "No"—when they found I was going for a policeman, one of them struck me on my breast, and said, "You b—, you want a policeman"—directly they said that to me, Langston, who stood on my right side, reached over my right shoulder and broke my bonnet, and struck Mr. Wood a blow over his head—I could not tell what it was with, but it must have been with a heavy substance, and not his fist—I am positive it was Langston—I never saw the party before—directlyhe struck the blow I got out from them—some of them pulled Wood and the prisoner down—I got out into the street, and called for help, and "Murder"—the policeman came—I was frightened, and went home—I did not see Langston taken—I saw him at Union Hall the Saturday following in custody—it happened on Wednesday—there was a gas-light opposite, at the public-house, by which I saw them—I took particular notice of the whole five by the gas-light—Hopkins was one of the five, and Edwards was the one who had the clock—I saw Hopkins there, but did not see him do any thing.
JAMES LEWIS . I am a policeman. I heard the alarm, went up, and found a number of people collected—there was a cry of "Murder"—I went into the crowd, and found Wood and Edwards on the ground—Wood was lying on his left side, and had hold of Edwards with both hands—I took hold of them both—he still called "Police," and told me to take him in charge, for he had stolen a clock—Wood's head was bleeding very much—Idid not examine it afterwards—I did not see whether it was cut—I took Edwards into custody—I picked up a key as I was taking him to the station, and a gentleman picked up two and gave them to me—they were picklock keys—I do not know who dropped them—I know it was not Edwards, as I was holding him—the three prisoners were taken into custody, and taken to the station.
WM. BREWSTER HEMMINGHAM . I am a policeman. I went up to the crowd, and was going to the station with another charge, and hearing a cry of "Police" and "Murder "I left the charge, went to the spot, and saw Mr. Baker, who is not here, holding Langston, and saying, "This is him"—I seized him stantly—I saw Wood close by him, and he said, "This is him; they have stolen a clock, and he has struck me"—I took Langston in custody—he said, "Mr. Hemmingham, do you think I would steal the poor woman's clock?"—in going along with him he made a very desperate resistance—atthat time Hopkins was close to him, trying to get something from him, as I perceived or imagined—Hopkins kept close to him, I several times told him to keep back—I had another struggle with Langston going along, and called Bartlett's assistance, and desired him to lay hold of Langston's hand; for previous to this Langston had thrown this handkerchief down, and a boy picked it up and gave it to him—he let it fall—I then called Bartlett to assist me, and told him to take hold of his hand, and as he caught hold of his hand, I heard something fall on the ground, and told Bartlett to stoop and pick it up, and in my presence he picked up these two latch door-keys, and handed them to me—these are common latch-keys—I saw another person in the crowd pick up these three keys, two of which are skeleton, and one a latch-key—when the keys were thrown down, although I had put Hopkins away several times from annoying me, he immediately stooped to get the keys up—another policeman,
who is not here, came up, and gave Hopkins to custody, on suspicion of being concerned in the felony—we went to the station—I saw Hopkins searched, and there was nothing found on him but a knife, gimlet, and handkerchief—the handkerchief Langston threw away was covered with blood.
Langston. My nose was broken and bleeding. Witness. I saw a plaster on his nose, but no blood on it.
COURT. Q. Did you look at Wood's wound? A. Yes, and took him to the surgeon, and saw the wound dressed—the flesh was driven in, and was bleeding very profusely—it appeared to be two wounds—they made very great resistance—I was obliged to tear part of Langston's stock, which was found in the street afterwards—I never had a more desperate man to take.
Langston. Directly my stock broke, it made me angry and resist.
ROBERT BARTLETT . remember the prisoners being taken into custody—Iwent with them part of the way to the station—as they went along did not see any thing done—I saw Hemmingham with Langston in custody—I was called to assist—as I went along he tried to get away from the constablen Duke-street—he tried to throw something away—I heard something rattle on the ground—I was told to pickt up, and it was two keys—I took them up, and saw another person stoop and take up something—I could not tell who it was—I do not know whether he did take any thing up—I heard a policeman say, "Take him into custody," meaning Hopkins—I did not see Hopkins do any thing myself.
Langston. Q. Did not go quietly with you? A. No, we had a hard tustle with you.
Cross-examined. Q. About how many people were there there when you were going along? A. A great number.
Langston's Defence. I am a butcher, and am a hard-working person—Iwork in Newgate-market, to support my mother and her family—several salesmen there know me—I ran over to the blacksmith's shop the moment the man called "Murder"—I called the people out of the shop and came to assist him—the publican seeing me, ran over, thought was one of the men, and took me.
LANGSTON— GUILTY on the 2nd Count. Aged 19.— Transported for Fifteeen Years.
JAMES MICHAEL WOOD . On the 20th of January, I was going down Duke-street, and saw some persons coming out of Mrs. White's house—Edwards one, and another man, who do not know—I saw Edwards had something on his arm, which thought was a bundle, till overtook him—I afterwards found it to be a clock—I followed him into Waterloo-road, seized him, and brought him back to Mrs. White's house—I kept him in custody till he was given over to the police—I sent for Mrs. White, and she came and claimed the clock—Langston came and struck me, saying "You b—, let go your hold"—I did not see Hopkins do any thing—he was with the crowd that came up to the door.
Langston. He stated at Union Hall that he saw another man come out
with a white coat on. Witness. The man I saw come out with Edwards had a fustian coat—it was not Langston.
JANE WHITE . I was sent for home on the 20th of January, and found Wood in the house with my clock in one hand, and the prisoner Edwards in the other—I had seen my clock safe about a quarter of an hour or twenty minutes before, hanging up in its usual place—I never saw any of the prisoners before to my knowledge.
Langston. Q. You did not see me interfere? A. I did not see you at all.
Edward's Defence. I was going down Duke-street—there was a man with a fustian coat by the prosecutrix's window—she sells apples—there was a light in the room, and the door was wide open—the clock was on the table—he asked me if I would move some things for him to Broadwall—I said I would, as I was out of work—he said he would come with me, and he walked behind me—I went up Duke-street towards Broadwall—Mr. Wood came and caught hold of my collar and said, "Come back"—I said, "Where to?"—he said, "I will show you where"—I do not recollect his saying if I did not go along quietly he would shoot me—I did not make the least resistance—I went back quietly with him—where Mrs. White says her clock hung was quite out of my reach—I could not take it down—I never saw either of these young men before.
Langston's Defence. They are entire strangers to me.
EDWARDS— GUILTY , Aged 18.— Confined Twelve Months.
LANGSTON— GUILTY . Aged 19.
HOPKINS— NOT GUILTY .
Before Mr. Recorder.
782. FRANCIS CHAMBERLAIN was indicted for stealing, on the 4th of January, 1 carpet, value 12s.; 1 hearth-rug, value 5s.; 1 waist-coat, value 5s.; and 1 coat, value 1l.; the goods of John Board, his master: and JOHN CHAMBERLAIN , for feloniously receiving the same, well-knowing them to have been stolen; against the Statute, &c.
JOHN BOARD . I am a pawnbroker, and live in Great Charlotte-street, Blackfriars-road—the prisoner, Francis Chamberlain, was my shopman. On the 6th of January, I saw him give his father a brass fender, and my attention was called to the articles stated, which I missed—I went to the house of the elder prisoner at half-past ten o'clock that night—I knocked at the door—he was in bed—I rung the bell—he kept me waiting some time at the door—at last he came—I then said, "Oh, Mr. Chamberlain, I have called for a brass fender, if you please—he looked at me some time but said nothing—I said again that I had come for a brass fender—he denied having one—he then asked me in and said, "How is this, where is Francis?"—Isaid, "Never mind, I want a brass fender, a pair of trowsers, and a piece of cotton, which you have had away from my house tonight, and I won't lose sight of you till I have them"—he said they were not there—he then said, "Come along up stairs, and I will see about it"—he took me up and down two or three different times—I said, "It is no use running about in this manner, if you don't give me my property directly I will smash one of the windows and call for a policeman"—he said, "Don't do that, there is no occasion for that, I will give them you"—he then took me down stairs into a back yard and I said, "There is your fender, take it"—I
saw the carpet lying down by it, and I said, "This is my carpet, I shall take it"—he said, "Take it, if you dare, it belongs to my landlady"—I said, "I am your landlord, it is my carpet, and I shall take it"—I was not his landlord—I then said, "I now want a pair of trowsers, and a piece of cotton"—he took me into a room, chucked them at me, and said, "There is your trowsers, and there is your cotton"—I had two policemen waiting outside—I called them in, and wished them to call the landlady down, and ask her if the carpet was hers—the prisoner said, "You need not do that, it is not hers"—the policeman found this coat, waistcoat, and hearth-rag, which are mine—the prisoner dared me to touch the coat and waistcoat, and said they were made for his son some time before—he threatened to knock me down—I looked at the sleeve, and showed him my private mark—hethen turned quite pale—the rug was found in the coal-hole—the landlord showed it to me, and said it did not belong to him—the younger prisoner had no means of conveying the things there—the elder prisoner must have come to my shop and received them—I had called the yonnger prisoner into my parlour that evening and said, "Francis, I have a question to ask of you, what property have you given your father of mine tonight?"—hesaid, "I will tell you, sir, and I hope you will forgive me"—he then said, "I gave him a brass fender to-night"—I said, "You have given him more than that to-night, Francis, and it is no use telling me a story"—he then said, "Well then, I will tell you, sir, and I hope you will forgive me"—I said, "I can't forgive you, I have been robbed so much, I can't afford it"—he then said, "Well, I am very sorry, I don't care about any thing else only for my father, he is innocent, but I have given him a pair of trowsers and a piece of cotton"—I then said, "It is not all the property you have given your father of mine, and I shall give you in charge, and go and search your father's house"—I had him taken, and then went to his father's.
Cross-examined by MR. PAYNE. Q. How long had Francis been in your employ? A. Three months and two or three days—I have been a prosecutor here twice before—I never heard it said that I was a little cracked—I have been sixteen years in business—the fender is not in this indictment—Francis did not mention any thing about the articles stated in this indictment—I have a sale-book—none of these things are entered there.
NOT GUILTY .
783. FRANCIS CHAMBERLAIN and JOHN CHAMBERLAIN were again indicted for stealing, on the 6th of January, 1 fender, value 8s.; 1 pair of trowsers, value 15s.; and 7 yards of printed cotton, value 3s.; the goods of John Board, the master of the said Francis Chamberlain.
JOHN BOARD . I am a pawnbroker. The prisoner Francis was in my employ—about twenty minutes after eight o'clock, on the 6th of January, I saw him give his father this brass fender—I was in my shop—he was not aware I was looking at him—it was outside the door for sale—he handed it to his father, and, as I thought, something else at the same time—I then immediately had the whole of my goods got into the shop, and the shop shut up directly—I called Francis into the parlour, and said, "I have a question to ask you, Francis; what property have you given your father of mine to-night?"—he stood a little while, and said, "I will tell you, and I hope you will forgive me; I gave him a brass fender to-night"—I
believe I had told him I had seen it—I said, "It is not all, Francis; you have given him more"—he said, "Well, I will tell you, air, and I hope you will forgive me; I have given him a pair of trowsers, and a piece of cotton"—I said I would not forgive him, I had been so much robbed, and it was too bad of him to rob me—he said he was very sorry, he did not care for himself, he cared for his father—I sent for a policeman, and he was taken to the station, we then went to the father's, in a cab, to search, and found there a fender, a pair of trowsers, the cotton, and other articles—he was very quarrelsome, and when we came to the drawer where the clothes were, he said, "It is no use your looking at them, for there is nothing there belonging to you, those were made for my son some time ago"—I looked into the sleeve, and they had my mark on them—the trowsers have my mark on them—they cost me 16s.—I asked him for them—he said, "There they are, take them,"and he chucked them at me—the fender was found there—thecotton he gave roe, and said, "There is your trowsers, and there is your cotton, take them," and chucked them at me—the cotton I had seen some days before, and the trowsers the Saturday before—I had never sold the cotton, trowsers, or fender, to any body—he denied having them altogether at first, and I said I would break a window, and call a policeman, if he did not give me the property—he said, "Hold your tongue, don't make a noise, there is no occasion for a policeman"—I said, "Very well, give me the property"—I had the opportunity of stopping him with the fender, but I wished to get the father.
WILLIAM ROMAINE . I am a policeman. I received Francis in charge, and took him to the station—he confessed that he had robbed his master, but said his father was not guilty; he understood that he had purchased them that evening of his master—I went with Mr. Board to Nelson-terrace, Islington, where the father lived, and he was given into my custody—I found the coat and waistcoat in the room—the carpet, fender, and cotton, had been given up to Mr. Board when I got in—the trowsers were found in a drawer up stairs—I took out a coat, and he said that coat was made for his son; in fact, all the clothes in the drawer he said were made for his son—Mr. Board looked at them, undid the sleeve of the coat, and saw his private mark—the trowsers and waistcoat were marked the same.
John Chamberlain. I gave the trowsers to Mr. Board before you were up stairs. Witness. There were two pairs of trowsers besides with the marks—I did not see the trowsers in Mr. Board's possession when I went in.
MR. BOARD re-examined. He gave me a particular pair of trowsers, which I had on my arm.
Francis Chamberlain's Defence. I sold my father all the articles; they are all entered in the sale-book in the regular way, except the fender; I had 15s. coming to me; my father was; to pay me 9s. for it, and I was to settle with my master on the Sunday morning; all the articles were sold and paid for; the money is put into a till, and at night we balance all the accounts up; I never said I had robbed him.
John Chamberlain's Defence. I paid 12s. for the trowsers, and 3s. 8d. for the cotton; I was to pay 9s. for the fender; I had not the money, but said I should be able to make it up on Saturday night; he said, "Never mind that, father, I will pay my master, and you can pay me on Sunday morning."
MR. BOARD re-examined. The things would not be entered in the sales—
book unless I had the money—the book is not here—nothing is entered in it—I never received a farthing for any articles—the trowsers cost me 16s.—Icould not sell them for 12s.—he did not tell me he had bought any of the things of his son.
F. CHAMBERLAIN— GUILTY . Aged 20.
J. CHAMBERLAIN— GUILTY . Aged 43
Transported for Seven
Before Mr. Sergeant Arabin.
GUILTY . Aged 16.— Confined Three Months.
Before Mr. Common Sergeant.
SAMUEL BRECKLES . I am an upholsterer, and live in High-street, Borough—the prisoners were both in my employ—Purcell was a journeyman bedstead-maker, and Kershaw attended to the shop. I have lost two yards of printed-cotton and a pillow—I believe these are them—they are exactly the same that I have on my premises—I cannot exactly swear to the pillow—I have lost such a one, and this printed cotton is such as I lost—I heard about it on the 14th of January.
Cross-examined by MR. DOANE. Q. Can you give us any idea when you had seen that pillow before? A. I might have seen it that same day—Idid not miss it till I had information—I have no mark on it—Purcell had been in my service about ten years.
GEORGE THOMPSON . I work for the prosecutor. On Wednesday night, the 13th of January, I helped Kershaw to shut up, and then went with him to the Hop Pole beer-shop, and had a pint of beer—he asked me if I wanted to buy a pillow—I said I had no money—he said, "It will only cost you 2s. 1d."—I said, "I suppose you have the duplicate?"—he pulled it out of his pocket, and I saw it was pledged for 1s. 6d. in the name of John Brown—I said, "This is not your pillow?"—he said, "No, I was sent up to the feather-room this morning to fill four pillows—I took the fifth case, and filled for myself—when Mr. Breckles was out of the way, I went out to breakfast and pledged it"—I informed Mr. Breckles the next day.
Cross-examined. Q. Are you quite sure Purcell was the man? A. Yes.
KERSHAW— GUILTY . Aged 19.— Confined Three Months.
PURCELL— NOT GUILTY .
786. THOMAS PURCELL was again indicted for stealing, on the 17th of December, 1 stock, value 1s. 6d.; 10 yards of ticking, value 5s. 6d.; and 1 gross of screws, value 6d.; the goods of Samuel Breckles, his master.
SARAH BROUGHTON . I am the wife of John Broughton, of Red Cross-street, Borough. I pledged this stock and ticking for the prisoner at Mr. Robert's, in Park-street—I cannot say whether it was before Christmas or after.
Cross-examined by MR. DOANE. Q. Did you pledge them on the same day? A. No, on different days—I took the ticking first, I believe—I think it was more than a week before I took the stock—the prisoner did not give them both to me at the same time—my husband was in the prosecutor's employ, but has left him five or six months.
Cross-examined. Q. I suppose you have some mark on the stock? A. No, but it is one I have used myself for six or seven years, and I have another exactly like it—I have not a doubt it is mine—I asked the prisoner to take care of some tools for me some time ago—it might have happened that this was amongst them—I can swear to this ticking, because I have some that exactly corresponds with it—you may get five hundred pieces and not get one to correspond exactly with another—he had the tools to take care of the beginning of last February, but the ticking was not in my possession till the beginning of October.
COURT. Q. What do you mean by his taking care of the tools? A. I was made a bankrupt, and the few tools I had I asked him to take care of for me—since then he has brought them back, and they have been on my premises—I did not authorise him to pawn them.
(The prisoner received a good character.)
GUILTY. Aged 62.—Recommended to mercy. — Confined Three Months.
787. ALEXANDER SMITH was indicted for stealing, on the 29th of January, 1 handkerchief, value 2s.; and 1 shawl, value 5s.; the goods of William Dicker and others; and that he had been three times before convicted of felony.
THOMAS DICKER . I live in Roebuck-terrace, Dover-road. My uncle, William Dicker, carries on the business of a pawnbroker there, for the benefit of me and my seven brothers, under my father's will, and he shares it with us—I was in the shop on the 29th of January, and was told something—I turned, and saw this shawl and handkerchief pulled from the door—I went out, and saw the prisoner running with the shawl and handkerchief in his hand—I am sure he is the person—he turned, and saw me, and I saw him throw the shawl and handkerchief into Mr. Cohen's yard—Iovertook him, and brought him back to the shop—this is the shawl and handkerchief I saw in his hand.
Prisoner. Q. Did you see me take the shawl and handkerchief from the door? A. I did not—you were about five houses from me when I first saw you—I saw them in your hand, and saw you throw them over the fence—you were not dragging them along the ground.
CHARLES HALL . I was in the prosecutor's shop, about half-past one o'clock—I saw the handkerchief pulled down with about four pulls, and the shawl went along with it—I followed Thomas Dicker, and saw the prisoner runinning with the shawl and handkerchief in his hand—he threw them over Mr. Cohen's yard, and I fetched them from there.
Prisoner. When I was taken to the shop the master sent him for a policeman, and when he came back the things were brought in; as to his bringing them, it is false. Witness. I was in the yard, and a man got on the stone-work, reached the things, and handed them to me.
JOHN ASLETT (police-constable V 16.) I produce two certificates of the prisoner's former convictions, which I got from the office of the Clerk of the Peace for Surrey—(read)—the prisoner is the person—I was present on those occasions.
GUILTY . Aged 17.— Transported for Fourteen Years.
788. JOHN SCOTT was indicted for stealing, on the 30th of January, 4 1/2 lbs. weight of pork, value 3s., the goods of Joseph Backwith; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 45.— Confined One Year.
MR. CLARKSON conducted the Prosecution.
JOHN YOUNG . I am partner with Mr. Charles Knight. We are publishers, carrying on business in Ludgate-street—we have a warehouse in Cornwall-road, Lambeth—Kingate has been in our service, as warehouseman and porter, upwards of two years—he was employed great part of his time at the warehouse in Cornwall-road—we have a very large quantity of publications there in quires, and amongst the rest, nearly the whole of the stock of the Penny Cyclopæedia—there is a particularly large number of surplus volumes of Nos 1 and 16 of that work—up to the 31st of December Mr. How had the entire superintendence of the property at the warehouse in Cornwall-road—he then left, and went into business with another gentleman in Fleet-street—in July last Mr. How directed Kingate to take stock at the warehouse, in conjunction with another person from the house in Ludgate-street—Kingate must have known then that there was a large surplus of Nos. 1 and 16 of the Penny Cyclopædia there—I believe he did not know it before—a person, named Durrant, slept on the premises at the warehouse, and had the charge of the premises at night—I saw about 9cwt. of paper at Union-hall, which is our property—it had never been sold, nor made up for sale—it was part of the stock from our warehouse, and is in sheets, as we keep our stock there—we are the sole publishers and proprietors of the Penny Cyclopædia—I never authorised either of the prisoners to sell any portion of it—Kingate was discharged on the 5th of December—I gave him warning a fortnight before—I had not at that time found out that any felony had been committed by him—neither of the prisoners had any authority to sell any waste paper of any kind.
Cross-examined by MR. BODKIN. A. Is not the Penny Cyclopædia published by a society? A. It is published under the superintendence of a society, but it is our own property.
CHARLES KNIGHT . I am in partnership with Mr. Young—I saw some of our Penny Cyclopædia at Mr. Pegg's, a stationer, in Upper Ground-street—heis a purchaser of materials for paper-making—he buys ropes and waste paper—I went with the offiecr there on the 23rd of December, and found ten luindles of paper there—I think about five or six cwt.—the
value of the paper and print of what I saw at Pegg's, and afterward at Hatherway's, was upwards of 100l.—I never authorised either of the prisoners to sell these or any other articles as waste paper.
Cross-examined. Q. Did you see Mr. Pegg? A. Yes—he was exceedingly willing to show every thing—we traced from Mr. Hatherwgy, that Mr. Pegg had sold some to him—Mr. Pegg was taken as a witness on the part of the prosecution, and examined.
JEREMIAH How. I am a partner with Mr. Parsons—we are publishers in Fleet-street—I was the superintendent at Mr. Knight's, till the end of December—I had the control of their warehouse in the Cornwall-road—Kingatewas in the prosecutor's employ, and was principally at the ware-house—in July last, it became desirable to take stock there, and Kingate was employed to do it—that would enable him to ascertain the number of volumes of the Penny Cyclopaedia which were there—the whole stock went under his eye—I do not know that it was removed at all, but it must have been referred to, to ascertain the quantity—Denny was recommended to us by Kingate, as we wanted assistance about the spring of last year—I knew him by sight before, but had not employed him—he was employed occasionally, and paid by the day—I authorized his being engaged, and he went to assist Kingate at the warehouse, or at the house in Ludgate-street, but not without my authority—Kingate had no authority to aet him on, either at the warehouse or at Ludgate-street, without receiving orders from me—Denny continued as an occasional servant up to the time of his apprehension.
Q. Did you ever find Denny where you did not expect to find him? A. Yes, once at the warehouse in Cornwall-road—Kingate was at work there at the time—I complained to Kingate, and to the shopman who paid Denny, for employing Denny there without my orders—I asked Denny how he came there, he said Kingate had employed him—I told Kingate he had no right to have him there, as he well knew, without my authority, and I sent Denny away—I never authorized either of the prisoners to sell waste paper.
Cross-examined. Q. Was it at the house in Ludgate-street that you desired Denny to go away? A. No, at the warehouse, I am quite sure—on another occasion I sent him away from Ludgate-street—after that I sanctioned his services, when he was wanted—there is a person named Wakefield in the prosecutor's service—he is shopman at Lndgate-street—I never heard him say that he had promised Denny a job the first opportunity, and from that Denny was employed—Kingite ought to have gone to the house in Ludgate-street every day, and then to have come to the ware-house, but on magazine days, and busy times, he was kept at the house—when stock was taken, opportunity was given to Kingate to see the publications at the warehouse—no person was employed in that but Kingate, and Denny when he assisted him—the general stock of the house was kept there—there are three or four printers and persons employed there, but not in the warehouse part.
MR. CLARKSON. Q. Would you be more or less likely to miss from your stock those articles, which were in course of publication, or those that you had surplus volumes of? A. We should not miss these surplus volumes till stock was taken again—these Penny Cyclopaedias would be articles to wich my attention would not be so readily called as to other articles—Kingate was employed to take stock, and Denny to assist him in the warehouse as porter—five or six cwt. of this paper could not have been
taken from the warehouse without the knowledge of Kingate, from the opportunities he had of being employed there—the 5th of December was not a magazine night—it was the duty of Kingate to have been at the warehouse till he was discharged that day, and he was there the whole day I know—that was the day he left—if on that day five or six cwt. of paper was taken away, it could not have gone without his knowledge—it was on Saturday—Kingate was there till the evening—I know he was there till after five o'clock, because I sent a messenger to him about five o'clock.
JAMES WILLIAM DURRANI . I am in the service of Messrs. Knight and Young, and live on the premises where their warehouse is—I have the care of the keys of the warehouse after the persons engaged in the service leave it—I remain on the premises there, unless I have occasion to go to Ludgate-street or elsewhere—Kingate generally came about half-past nine, or from that to eleven o'clock—it was my practice to deliver the keys to him there, and I received them from him in the evening—the usual time of leaving was at dusk—the binder's men usually opened the gate, and it was my duty to see that it was fastened—there is a large pair of gates, which it is not usual to open except for carts—I have seen the property which is sworn to as Messrs. Knight and Young's—I am certain that could not have left the premises by the smaller gate without my attention being called to it—the keys of the warehouse would remain in Kingate's possession from the time I gave them to him in the morning till he left in the evening—I was not employed in the warehouse, but in ao entirely different part of the premises—I had nothing to do with the ware-house.
Cross-examined. Q. You gave the keys to Kingate when he came? A. Yes, the small gate was not kept locked during the day—the large one was fastened with two bolts.
THOMAS ALLISTON . I am in the service of Mr. Pegg, in Upper Ground-street, Blackfriars-road. I was so in December last—I have known the prisoner Denny since last May, I think—I became acquainted with him by his bringing waste paper to sell at Mr. Pegg's—before he brought any, he came and asked me if we bought waste paper, and what we gave for it—Isaid we could not tell till we saw it, and then he brought us a bundle—Ido not recollect any other conversation—he came to us on the 5th of December, about half-past five or six o'clock in the evening with another man, and brought with him some paper as he was in the habit of bringing—bebrought some of the Penny Cyclopaedia—I do not know whether there was any other sort—I believe there was some of the Bible—he brought then 4cwt. 2qrs. 14lbs. —I weighed it—it was in the state that these bundles are—(looking at them)—I cannot distinguish which of these bundles it was—it was in this state in quires—it has not even been stitched for the purpose of being sold—we gave him 28s. per cwt., and that lot on the 5th of December came to 6l. 9s. 6d.—I asked him at first where he came from, and he told us from Messrs. Knights'—we told him if there was much more of it we would send the cart, and he said he would bring it as it was looked out.
Q. who was the person with Denny on the 5th of December? A. I believe it to be Kingate, to the best of my knowledge—I have no doubt—Ibelieve it to be him, to the best of my knowledge.
Q. When you first went before the Magistrate, was Denny in custody? A. Yes, and I was asked if I knew the other person—I was asked to pick him out of the crowd—he was standing in the audience of the hall of the
Court at the back of the bar—I should think there were forty 01 fifty Persons there—I picked out Kingate—I had not won him since the 5th of December.
Q. were you brought up a second time before the Magistrate? A. Yes—Kingatewas at that time in custody with Denny—l was asked some question by the Magistrate—the two person. who came to my master on the 5th of December came together—the person who came with Denny brought in one bundle of paper, and then went out again—I did not look outside to see if he came in a cart or with a truck.
Cross-examined. Q. How long have you been in the service of Mr. Pegg? A. Four years and a half—I was not aware when I went to the police Court that my attention would be drawn to some person there—the Magistrate told me to go round the Court and see if I could find the man—I went round the Court, so as to give myself an opportunity of seeing the persons that were there.
Q. Did you then tell the Magistrate that you saw nobody there that you recognise? A. I did say so at first, but I did not see all the persons in the Court then—my attention was again directed to the persons by the Magistrate—I walked round again, and then I picked out Knight—I said that I picked him out because he seemed to be the most likely person.
Q. On the 5th of December, was Mr. Pegg in the way when these things were brought? A. He was passing through the shop—he saw Denny—Ibelieve he did not see the other man—I saw the other man then, and I had seen him on the night before—I only saw him on those two occasions—Mr. Pegg was not in the way when the man came the night before—Mr. Pegg drew the cheque on the 5th of December—I took it up to him, and brought it down to Denny—the other man was then gone—it was dark—the gas was lighted—the other man was no longer in the shop that night than he was the night before—I heared Denny make was examined—he was noit examined on oath the first time, but he was the second time, for the procecution—I saw my master last Monday week.
Q. were you not asked by the Magistrate whether you should have known the man you picked out if you had not him in the street, and did you not say no? A. I said I did not know that I should—perhaps if I was looking after him I should—Mr. Pegg deals largly in waste paper— publicationsthet don't sell are often brought in this state for sale, and law books amongst others.
MR. CLARKSON. Q. And are you come to tell us that your master in in the habit of buying them in sucb a state? A. Yes—the first time I went round the Police Court I did not get any sight of the person of Kin-gate—when I did find him he was amongst more people than there were in the middle of the Court, at the back of the Court standing up—the moment I saw him I picked him out.
Q. Did the Magistrate ask you whether, if you had seen him in the street, you should have felt yourself authorished to give him into custody? A. Yes, and I said I did not know that I should have had authority to to give him into custody—I was not aware at that time that I had any authority to give him into custody at all—I had never seen Kingate before the night of the 4th of December—the first I went round I did not see his face, and as soon as. I saw his, face I picked him ont—my master is at Reading—he went there last tuesday week.
MR. BODKIN. Q. Was not Kingate standing at the bar, in front of the persons who were facing the Magistrate when you first went into the Court? A. Yes, I believe he was—I had been told that he was in custody.
MR. CLARKSON. Q. Who told you Kingate was in custody? A. My master—I had no opportunity of seeing him but on the 4th and 5th—I believe, when I first went into the body of the Court, that Kingate was standing in front—I do not know how he got to the part of the Court where I found him—I picked him out from about the middle of the Court—Ido not know who moved him from the front to the middle—the first time, perhaps, I did not look close enough to notice him—I did not see him in front when I first went round—it was not till the second time that I saw him at all.
COURT. Q. But you say you believe Kingate was in front of the bar, do you form that opinion from what you heard or saw? A. I did not see him till the second time—I knew he was somewhere in the Court.
MR. CLARKSON. Q. How did you know that he was? A. The Magistrate told me to go round and pick him out—I was sent out while he was brought in, and put amongst the people—up to the time I came back I had not seen him at all—I was ordered out while he was mixed with the crowd—that was the express object of the Magistrate—I was then brought back, and went round to look for him—I could not see him the first time—Ithen walked round again, and said I believed that was the man—I saw him in front of the bar when I picked him out—he was standing in front of the Magistrate—I believe there were other persons in front of him—he was not in the dock till after I picked him out.
HATHAWAY. I carry on the business of a stationer, on College-hill. I produce some paper which was bought by my brother, who is not here—it consists of the "Penny Cyclopaedia," in sheets—it has never been made into books—we gave 36s. a cwt. for it, as waste paper, which is about 4d. a pound—I did not know that it was the "Penny Cyclopaedia" till this occurred—I never looked at the title of it.
JOSEPH GARWOOD . I am pot-boy at the Cornwall Arms public-house, which is on the same side of the way as Mr. Knight's warehouse, in the Cornwall-road, eight or nine houses before you get to it. I know both the prisoners—they have been in the habit of using our public-house about two or three times a week—the last time I saw them together was on a Saturday evening, in the early part of December—I dare say I have seen them together in our public-house twenty times—they usually came about lunch-time.
Cross-examined. Q. I suppose your house is frequented by the persons who work at that establishment? A. Yes.
NICHOLAS EDWIN . I am clerk to the Justices of Union Hall Police Court. I was present at the examination of the prisoners on this charge on the 24th of December—the prisoner Denny made a statement, which I wrote down from his mouth—I transcribed this statement from my book—thisis a faithful account of what fell from his lips on that occasion, and it was signed by the Magistrate—on the last examination, the 21st of January, it was read over to Denny, and he was asked if we would sign it—Mr. Robinson, his solicitor, said, "My client declines signing any thing,—(read)—"Theprisoner Denny, on his examination before me, on the 24th of December last, stated as follows:—' I have known Kingate, the
foreman of Messrs. Young, about twelve months—I never received any paper from him to dispose of—the paper I took to Mr. Pegg was delivered to me at different times by a man who had an open green cart and a grey bone—he came to me at my house the first time, about four months ago—I do not know his name, nor where he lived—he said he understood I was out of work—I said I was—he said if I would meet him in the afternoon about four o'clock, at the corner of Rennet-street, to take a load to Mr. Pegg's, he would give me the job—I went, and he gave me several bundles of paper wrapped up in brown paper—he told me to take them to Mr. Pegg's—I did so—they were weighed and 1 was paid for them—I gave the money to that man—he gave me 3s., and a part of a pint of ale—I have been so employed by that man about twenty times—he used to appoint a time for me to meet him again before we parted, or he used to call at my house—he always paid me 2s. 6d. or 3s.,—I should know that man again—I was aware it was the Penny Cyclopaedia, and said it was Knight's work—the man never told me where he got it or any thing about it. The prisoner being advised by his professional attendant, declined signing the above.—E.H. MALTBY."
Cross-examined. Q. At the time Denny made this statement was Kingate there in custody? A. He was, sir, standing at the bar with Denny—I have the examination of a man named Pegg—he was examined on oath as a witness for the prosecution.
COURT. Q. Why is he not here? A. His young man proved as much as he did, and rather more.
MR. CLARKSON. Q. Have you furnished a copy of that statement to the attorney for Kingate? A. Yes, I had not the authority of the Magistrate for doing so—we are bound to do so—I furnished him also with a copy of the depositions—I have in my book the examination to which Alliston was exposed by the Magistrate when he pointed out Kingate, and I have the subsequent examination—I have taken the answers down very particularly—(reads)—"William Pegg, on his oath says,' The prisoner Denny brought the whole of the paper to me, which is claimed by Messrs. Knight and Co.—I bought it and sold it as waste-paper—I never saw the prisoner Kingate in the transaction—I sold a quantity to Mr. Hathaway of the same—Denny told me he brought it from Messrs. Knight's, and I bought it believing he was sent directly by them, and I offered to send my horse and cart if there was any quantity of it.'"
"Wednesday, Dec. 30, 1840. Thomas Alliston, servant to Mr. Pegg, on his oath, says, 'I believe the prisoner Kingate to be the person who came twice with Denny, and brought paper to my master's house; the last time was on the 5th of December; I identified him this day, whilst standing with others in this public Court.'
"Thursday, Jan. 7, 1841. Thomas Alliston, servant to Mr. Pegg, on his oath, says, 'I am not certain the prisoner Kingate is the man who came with Denny; to the best of my belief, he is; I picked him out on the former day, because he is the most likely person.'
"William Pegg says," I never saw Kingate; I saw Denny several times; he told me he was sent by Mr. Knight's foreman to sell it; I told him, if there was a quantity, I would rathers end mo horse and cart, and give a cheque for it. He said he would speak to the foreman. When I saw him again, he told me that the foreman wanted the paper out of the way. My boy could buy paper, and it might not nppear entered in my
book. The 4th and 5th were the last days I purchased, to the best of my knowledge. The greatest quantity brought to me at one time was 200lbs.; it was all brought by Denny; I know nothing of Kingate; I purchased above 30 cwt.; it came in a bookbinder's bag, and always in the day-time.'
"Thomas Alliston further says," The greatest quantity I bought from the prisoner Denny at one time was 200lbs. '"
MR. CLARKSON. Q. Were you there when Alliston pointed out Kin-gate? A. Yes; and Kingate complained that one of the officers coughed, and called his attention to him—it was investigated, and proved it was not so.
Cross-examined. Q. When Kingate was brought up on the day he was identified, was he in the first instance put as a pe