CENTRAL CRIMINAL COURT.
SIXTH SESSION, HELD APRIL 5TH, 1841.
MINUTES OF EVIDENCE,
Taken in Short-hand
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, April 5th, 1841, and following Days.
Before the Right Honourable THOMAS JOHNSON , LORD MAYOR of the City of London; Sir John Gurney, Knt., one of the Barons of her Majesty' Court of Exchequer; Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Matthew Wood, Bart.; Matthias Prime Lucas, Esq.; Sir Peter Laurie, Knt; Charles Farebrother. Esq.; Thomas Kelly, Esq.; Samuel Wilson, Esq. sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the raid City: John Pirie, Esq.; Thomas Wood, Esq.; John Lainson, Esq.; James White, Esq.; and John Hunphery, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justice, of Oyer and Tenrminer, 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. SIXTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**), that they have been more than once in custody—An obelisk† that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, April 5th, 1841.
First Jury, before Mr. Recorder.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
JOSEPH KNOWLES . I am a silversmith and pawnbroker, and live at Nos. 18 and 19, Bolingbroke-row, Walworth; one is a silversmith's, and the other a pawnbroker's shop. On the 3rd of February, about half-past three o'clock in the afternoon, as I came into the pawnbrokers shop, I found the female prisoner there, and a ring was put into my hand by the shop-man—she asked 4l. on it—I asked her what it was—she said it was a diamond ring—I said, "Prior to lending you so much on a valuable ring, perhaps you will give me your name and address?"—she gave me, Franklin, No. 18, Walworth-road"—I said, "I will accompany you, and see that it is right"—she then said, "I don't live there, I live at Islington"—I said, "What part of Islington?"—she said, "Vineyard"—and was about to make some addition, but caught the word up, and said, "Goswellterrace," (I think, No. 5,) and said, "The ring was given to me by a gentleman who slept with me last night, and said that he lived at No. 18, Walworth-road—I desired my young man to fetch a policeman—she-heard me, and desired me to consider her respectability—while my man was gone for the policeman I had come round the counter and stood near the door, and saw the prisoner Harding walk by the shop and return in almost a second—he passed and repassed, and as he passed tire door I heard a person cough twice—Franklin desired me to let her go, and declared to God she had never been in my shop before, and if I would let her go, and give her the ring, she would never come into it more—when I heard the cough the door was partly open, but chained—I pulled it open, and Harding was looking in at the window of the silversmith's shop—he took no notice of me, but walked gradually on towards the turnpike—I stood some time, and looked after him—there is the Fountain beer-shop, kept by Garrett, five or six doors from my shop, between that and the turnpike—he passed that, and went towards the turnpike—I saw the
prisoner Frenaby standing at the beer-shop door, looking towards my shop—when Harding passed, he took no notice at all of Frenaby—my young man returned without a policeman, and I and him took Franklin to the station ourselves—as I came out of my own door, Frenaby stood at the beer-shop door, and as we came near it, on our way to the station, he gradually withdrew into the house—he had an opportunity of seeing Franklin with us—we all three passed the beer-shop door, and I saw Frenaby standing just against the bar—he took no notice of Franklin—a few doors past the beer-shop I met Harding coming towards us—he passed, holding his head down, without taking any notice whatever—I turned round afterwards, and saw him looking after us, and in a few seconds Frenaby came from the beer-shop door and seemed to join him in conversation—Harding was going in a direction from the station, but they both turned round and followed us, but I did not see them come through the turnpike—the material in this ring is a very good imitation of a diamond—it is set transparent, which lessens the suspicion—it is paste, not a stone.
Cross-examined by MR. PHILLIPS. Q. Have you ever ordered any yourself? A. No, not prior to to-day—I have just ordered a few from Mr. Dubart—I intend to sell them as imitations—I never try diamonds with an instrument—people may and have been deceived by these, no doubt—a file would detect them—I believe the metal to be gold.
Cross-examined by MR. BALLANTINE. Q. Have not imitations been long made with paste? A. I believe so, but I never saw any so good at these—you may get paste diamonds for 6s. a dozen—I never knew that imitations were expensive—I saw Harding through my window—there were articles in the window, but I could see through it well—I had not seen him before—there might be other persons passing, but he walked so close to the window, and so slow, I observed him—if this was a diamond, the trade value would be 8l. or 9l.—they might fetch 15l. or 16l., but at Walworth you will buy cheaper than on Ludgate-hill—should make the best profit I could on it—if I ask 15l. or 12l. for a thing, if a person bid a price for it, I might take it, if I got a profit; it depends on the customer.
MR. BODKIN. Q. Have you examined the gold? A. I scraped it, and should say it is worth about 40s. an ounce, but externally it appear worth 60s.—the under part is coloured or gilt over—it is a middling quality gold, coloured.
COURT. Q. What is the standard price of gold? A. 3l. 17s. 6d., but jewellers' gold, unless stamped, is not standard—I consider the ring, with the gold on it, now worth 15s. or 20s., workmanship and all.
JOHN BRAGG . I am shopman to Mr. Burls, of King's-row, Walworth, a pawnbroker. On Wednesday, the 3rd of February, the prisoner Franklin came, about half-past two o'clock, into our shop, which is about three minutes' walk from Knowles's—the beer-shop and turnpike are between our shop and Knowles's—she offered me the ring produced, and asked 4l. on it—I looked at it at the light, and asked her if it was a real stone—she said it was, and said a gentleman gave it to her—I asked if she could take less than 4l. on it—she said she could not—I then took it to Mr. Burls—I came back and asked if she could take 3l. on it, not intending to lend the money—she said she could not, and then asked if I would lend 3l. on it—I said no, I should not like to do so—she took it and left the shop—I followed and watched her through the turnpike, which is in the direction of Knowles's shop and the beer-shop.
Cross-examined by MR. CHAMBERS. Q. Can you be positive that is the ring? A. I would not swear it, but from its appearance I should say it was, from the manner it is set, and the pattern of the gold work—if it was a real stone I should say it was worth 7l. or 8l.—when I say a real stone, I mean a diamond—I suppose ignorant people do not know that—shopkeepers do not to my knowledge sell Bristol and Irish stones for real stones—I have seen British diamonds, as they are called—I have not seen goods ticketed as real stones at a price they could not be sold for if real—the female prisoner was fire or ten minutes in my sight—I am certain of her, though she is very much altered in dress, I could pick her out from a hundred—I never entertained a doubt of her—I saw her in custody the same evening.
COURT. Q. Are there not stones of small value which resemble diamonds? A. Yes—there are many stones of crystal appearance not diamonds or brilliants—there are straw-coloured diamonds.
Cross-examined by MR. PHILLIPS. Q. Is this well calculated to impose on ignorant persons? A. It had a great deal of brilliancy about it when she produced it—the ring is gold, and worth about 15s.—it is not the best gold—it has been assayed—I speak also from the appearance—if it was the same all through, I should call it virgin-gold—we cannot tell what gold it is without trying it—a ring like this, if pure gold would be finished in a superior way; if pure, it would be worth 30s.—I could sell it for that—it is worked very well, but not finished well; it is got up expressly to imitate a real fine gold ring—I do not consider it good workmanship—I was mistaken if I said so.
MR. CLARKSON. Q. You cannot make rings, or any thing, of pure gold? A. No, it is too soft—all gold is more or less alloyed—the whole body of the ring is not gold—I think it worth about 15s.
WILLIAM MARTIN . I am servant to Mr. Boyce, a pawnbroker, in Theobald's-road. On the 23rd of January, between twelve and one o'clock, the prisoner Harding came to our shop with a female, who I do not know—he had a dark cloak on—he produced what appeared to be a diamond pin, and asked 4l. on it—I believed it to be genuine, and lent him 4l., and wrote a duplicate; just after I had done so, Mr. Boyce came into the shop—he looked at it, then went out, and brought Harding back—the woman returned with him—he told them it was not a diamond, and unless they returned the money, he should send for a policeman—the pin was put down, and they returned the money and the ticket—in my judgment it was a pin of this kind—(looking at one.)
Cross-examined by MR. BALLANTINE. Q. What do you mean by one of that kind? A. I mean it looked like this—Mr. Boyce is not here—the person said, "I want 4l. on that diamond pin"—I am quite certain he said diamond—I will swear it—when he was brought back, Mr. Boyce asked me if he used the word diamond, and I said yes—I saw his face—if this was a real diamond, it would be worth 7l. to sell—I think not more—I am very little judge of diamonds,
SAMUEL BOLTON FROST . I am shopman to Mr. Sharwood, pawnbroker, of St. John-street. On the 19th of January, Franklin came to our shop, and asked if Mr. Sharwood was at home—I said he was not, and asked if it was any thing respecting business, and whether I could not do as well—she said, "Yes," and pulled out this pin, and asked 4l. on it—she said it was worth three times as much as she asked for it—she did not say what it was—while I was looking at it, she said, "You need not look at it, it is
worth three times as much as I ask you for it"—I advanced the 4l.—she gave me the name of Ann Williams, No. 4, Green-terrace, Islington—I have since ascertained the value to be about 13s.—it is paste.
Cross-examined by MR. CHAMBERS. Q. What do you mean by ascertaining? A. A jeweller came to ascertain the value, and told me it was not a diamond—I have tested it my self—I filed it—I have used a file to a diamond before, perhaps five or six years ago—I knew that was a diamond by trying it—a file would not touch it, which showed it was a diamond—diamonds always resist the file—you cannot make the least impression on a diamond with a file—it is possible I may have tried it more than once—this is marked on the paste.
SARAH GARRETT . I am the wife of William Garrett. We keep a beer-shop, Nos. 14 and 15, Bolingbroke-row, Walworth, between the turnpike and Mr. Knowles' shop—on Wednesday, the 3rd of February, I remember two men coming to the shop—I believe Harding to be one of them—I did not notice the other sufficiently to speak to him—I served them with porter and cigars—after they had been there some time, a female came to them and staid five or ten minutes—I saw Franklin before the Magistrate—the woman was dressed as Franklin was then—I do not speak positively to her—I did not see her leave, but I saw she bad left, and after that one of the two men left, leaving the other in the shop—the two men were there from three-quarters of an hour to an hour—they went into the passage, and were moving about the whole time—I saw them standing at the door part of the time.
Cross-examined by MR. CHAMBERS. Q. What time of the day was this? A. About two o'clock—I had customers coming in and out—I saw the men come down the passage, and served one of them with a pint of beer and two cigars—I believe that was Harding—I saw him distinctly, but cannot swear positively to him—he was not pointed out to me at the police-office—I recollected him—I am not much in the business, but the servants were at dinner—my house is four or five doors from Knowles'—I was there all the time they were—one man left soon after the female, and did not return.
MR. CLARKSON. Q. Had you a clock, or do you speak of the time to the best of you recollection? A. know the time, it being about dinnertime.
JOSEPH CHURCHER . I am shopman to Mr. Walker, pawnbroker, Tabernacle-walk, Finsbury. On the 23rd of January, the female prisoner came to pledge a pin—I have not the least doubt of her—she produced a pin which I have in my hand, and said, "I want 4l"—I did not believe it to be a genuine stone, and offered her 50s., to try if she would take it—she said it was very little, considering the price it cost; she would step outside and ask somebody, which she did—I sent up to my employer by a boy, who authorized me to advance that—she returned in two minutes and said she would take that, which I lent her—she gave me the name of Ann Williams, housekeeper, No. 1, Bunhill-row—I have since ascertained that this is French paste, worth about 18s.—nothing passed between us as to what it was.
Cross-examined by MR. PHILLIPS. Q. You did not think it genuine? A. No—I entered it as a diamond pin, because I took my employer's judgment on it—he has been in business twelve years, and I, fifteen—it is common to pawn in a wrong name.
—I was shopman to Mr. Coombs, of Grafton-street, Fitzroy-square. On the 23rd of January, the female prisoner pawned a pin with me for 3l.—she asked 4l., and gave me the name of Ann Williams, No. 5, Harrington-street—I took it as a genuine article—I have since found it is spurious.
ROBERT COX . I am shopman to Mr. Tarrant, a pawnbroker, Great Charlotte-street, Blackfriars-road. On the 25th of January, the female prisoner brought this pin, which I produce, to the shop, and offered it in pawn for 3l. I think—I was deceived in it, and lent her 50s.—having some doubt of it being a diamond, I said, "This is very handsome, no doubt, it cost a great deal of money"—she made no answer—I said, "I suppose it cost as much as 5l?"she said, "Oh dear me, yes, it's me considerably more than that"—I asked her name, she said, "Mary Ann Williams, housekeeper, No. 92, New Cut," and that it was her own property—I have since found it is spurious, and not worth above St.
Cross-examined by MR. CHAMBERS. Q. Supposing it to be a diamond, what would be the value? A. About 8l. in the trade—I dare say it would cost you fourteen or fifteen guineas—I had a great doubt of it, but was deceived by the gas-light-had I been quite certain it was a diamond, I should have lent considerably more—I took it as a real diamond, but had a doubt of it—had I believed it was any thing else, I should not have lent above 10s.—I described the prisoner's dress when I was applied to, but it was not by that I recognised her—I should have known her in any dress.
JOHN LAKE . I am shopman to Mr. Folkard, pawnbroker, London-road. I produce a pin, which I took in pledge of the female prisoner, on the 27th of January—she asked 3l. on it—I believed it to be a diamond at the time, and prepared a duplicate, describing it as such—she gave me the name of Mrs. Ann Williams, No. 20, Stamford-street—I have since found it is spurious.
JOSEPH WOLSTENHOLME . I am shopman to Mr. Gideon, pawnbroker, Stafford-street, Lisson-grove. On the 28th of January, about seven o'clock in the evening, the female prisoner brought a pin, which I produce—she asked 4l. on it—I lent her 3l.—she gave her name as Mary Williams, No. 9, York-square—I believed it to be a diamond, but have since ascertained that it is paste—it is worth about 10s.
FREDERICK LEIGHTON . I am shopman to Mr. Fairland, Lisson-grove North, pawnbroker. On the 30th or 31st of January, the female prisoner offered a claw pin in pledge, precisely such a one as the last witness has produced—she asked 3l. on it—I tried it on a stone, and found the stem a different quality of gold—the stem was worth about 35s. an oz., and the claw, 45s.—the workmanship was very defective—I asked, was it a brilliant? she said "Yes"—I said, How do you know it?" she said, "I believe it to be so; it was given to me by a gentleman, who was lodging at our house for about a week; he was short of money, and gave me this pin, assuring me if I wanted money at any time I could pledge it for 4l. or 5l."—I told her not to go elsewhere with it, that it was not genuine, and she might get herself into trouble—she gave me the name of Williams, No. 69, York-square, Cumberland-market—I returned her the pin, and she left—the pin produced by Churcher, is precisely the same make and pattern, but not so large a stone—it is a common article stuck together—it was the workmanship made me look at it so particularly.
Cross-examined by MR. CHAMBERS. Q. Have you been long in the
trade? A. Eight years—there are many inferior articles sold in shops, but they are marked at prices accordingly.
JAMES THOMAS MILLS . I am shopman to Mr. Burgess, pawnbroker, Clarence-place, Camberwell. I produce a pin pawned on the 1st of February, by the female prisoner, between four and five o'clock in the afternoon—she asked 3l. on it—I lent her 50s.—I examined it, and believed it to be a diamond—she gave the name of Mrs. Wilmot, No. 22, Walworth-road.
EDWARD WILLIAM TURNER . I am a pawnbroker in Crown-row, Walworth. On the 1st of February, the female prisoner pawned a pin, which I produce, for 3l., in the name of Mrs. Wilmot, No. 92, Walworth-road—I discovered, five minutes after she was gone, that it was spurious-it would not fetch 5s. from a dealer—I suppose it worth 10s. or 15s.
MARY EVANS . I am a widow, and am in partnership with Mr. Kibbear, as manufacturing jewellers, in St. James's-walk, Clerken well. This ring is one of our manufacture, and is what is called an imitation diamond—it was made for a man named Frenaby, on the 26th of January, (referring to her book)—I made the entries in this book—it was not the prisoner—I also sold a pin on the same day to the same man, but not this man, at least he does not look the man to me—he was dressed in different ways at different times—I think that is not the face—the person was dressed in a cloak, and twice his face was tied up—on the 22nd of January, I sold three pins to the same man—all the articles which have been produced are our work—we call the stones composition—I do not think I am at liberty to say where I got them from—I appeal to my Lord—it is the secret of out trade, am I to expose it?
COURT. Q. Did you make them, or purchase them ready made? A. We have a secret in making them—we have them cut for us—we partly make them, and have them cut in Paris—the secret is here.
MR. CLARKSON. Q. How do you sell them, as diamonds or imitation? A. As imitation always—we can make them at any price—these are very cheap, 13s. and 18s. to a dealer—the man told me they were to sell again, that he served a dealer with them—the claw is better gold than the other part—I think the gold at the claw of the ring is 50s. gold—I think this ring was sold for 1l. 7s. 6d.—on the 26th of January, I sold a pin to the same person, and on the same day at another time, a ring to the same person—on the 28th, I sold a claw pin for 18s., which is here, to Frenaby, not the prisoner—on the 29th, I sold three pins for 2l. 13s., to the same man—the man was in every respect disguised to me, and I should be sorry to swear to a man so—on the 2nd of February, I sold a ring and a pin together—the ring was of the same description as the one I sold on the 26th of January—in the first instance the person brought a pin as a pattern, which I believe I had previously sold to Smalcalda, a Jew—he mentioned Smalcalda's name to me—I showed the person an entry in my book that I had sold the pin as imitation diamond—the man wore a dark coloured cloak—(looking at one produced by John Moss)—I really cannot say whether it was that cloak or not—the ring first produced, I believe to be one of the two I sold to Frenaby—the German, and the Jew had very large rings, not so small as this.
Cross-examined by MR. PHILLIPS. Q. Having seen this man who called himself Frenaby so often, I suppose you would know him if you were to see him? A. I think I ought—I would if I could, but he was always so
disguised—he had his face tied up—the prisoner has not the slightest appearance of the man, no feature like his—we have not made this composition above two months—we have sold them well—the beauty of it will always make it a good sale—I should think at a rough guess we have sold about eight dozen—we have sold more latterly—I am quite sure there are no other manufacturers of these articles, none that have our secret—this cloak is a common Macintosh.
MR. CLARKSON. Q. You have sold a good many of these things since this charge? A. Yes—when this charge was first made we had sold about two dozen, and since that we have sold six dozen, or perhaps more—I certainly did not know they were to be pawned—I had nothing more for them than the price mentioned in the book.
MARY SCURRY . I live at No. 13, Goswell-terrace, Goswell road—I know the three prisoners—Frenaby and the female prisoner lived as man and wife, in the second floor front-room of our house—they came on the 28th of November last, and passed as Mr. and Mrs. Frenaby—Harding came about four weeks after—he was brought by the Frenabys to work with Frenaby—Franklin told me that Harding was in a little trouble, in consequence of a bill that was due, which he was not prepared to take up, that they were afraid of having their goods taken, and requested me to allow him to be there in the daytime, and his wife also, and she took a lodging for them to sleep, at No. 5—(he has a wife and five children)—in consequence of that arrangement, Harding, his wife and children, used to be at my house all day, and go home at night to sleep—he worked there as a watchmaker—he bad a board fixed up in Frenaby's room—on Wednesday, the 3rd of February, Franklin went out, in company with Frenaby and Harding, about half-past one o'clock, and they did not return all night—next day, about eleven or twelve, Frenaby came home alone—I asked him where Mrs. Frenaby was, he said they were gone out a little way, that he had been with, her all night, he knew where she was, and she would be home presently—she did not come home that day—I asked him about her again on the Saturday morning following—he then said she was with a friend who was confined—I saw some Jews come there a great many times—I knew they were Jews by their appearance and language—Franklin said they were diamond merchants—when she went out, on the 3rd of February, she had on a blue silk bonnet, a black lace veil, and a black silk cloak, which belonged to Mrs. Harding, and several times before that she had done so—her own clothes were very shabby—she had a shawl and shabby bonnet—I have seen both Harding and Frenaby wear that Macintosh cloak.
Cross-examined by MR. PHILLIPS. Q. I suppose you have some mark on the cloak? A. No—to the best of my belief that is the cloak I saw them wear, but I will not swear positively to it—Franklin seemed serious when she told me the Jews were diamond merchants—I cannot say what she thought.
Cross-examined by MR. BALLANTINE. Q. When did you first see these Jews? A. Not till after Harding came.
JOSEPH HOUGHTON . I am a tailor, and lodged at No. 13, Goswellterrace, Frenaby and Franklin also lodged there, and Harding was there frequently. On the 19th of January I was in my parlour, writing—Franklin tapped at my parlour window—I went to the door—she asked if I would allow her to walk into my parlour, which I did—she asked if I
would allow my little girl to go up stairs, and tell Frenaby that there was a little boy wanted to speak to him about some work—there was no little boy there that I saw—I sent my little girl up, and before she came down again Franklin asked if I would alter a pawnbroker's duplicate for her, from a 6 into a 4—she did not produce it—I objected, on the ground that I could not alter the other ticket, and in case the things ever came out, I should be found out—Frenaby then came down stairs into my parlour, and the moment he came in he asked her what she had got—she said 4l.—she gave it into his hands with the ticket—he put 2l., with the ticket, into his trowsers' pocket, and said to her, "You shall not be their servant for nothing"—he then went up stairs, and while he was gone, she said there were two Jew merchants up stairs, who she had been to pledge property for, six or seven diamonds—that they had a bill coming due on the following day, and had very little money—I remarked that it was very little money to get on so many diamonds—she said I did not understand it, that they were the manufacturers of the articles, and to them the real value was not more than 5s.—Frenaby came down stairs again, and said they were perfectly satisfied, and had given her 5s., for her trouble.
Q. Then in point of fact he got 2l. 5s. by that? A. I could not understand it—that is what I saw him put into his pocket—shortly afterwards I heard some persons go out—after that Frenaby came in again, and asked me if I would answer him a question—I said I would, if it laid in my power—he asked if I had altered a duplicate for Mrs. Frenaby—I said, "No"—he said, "Because it was wet with the ink when she gave it me"—he did not show it me—before Franklin was taken into custody Frenaby had always kept regular hours, but after that he did not come home more than two or three nights, and that at very late hours—I let him in.
Cross-examined by MR. PHILLIPS. Q. Did not Franklin endeavour to go up into the room where these alleged diamond merchants were? A. After she had given Frenaby the money, she wished to go up, but he prevented her, and would not allow her to go up—Franklin did not at the time give me as a reason for asking me to alter the duplicate, that either she or the pawnbroker had mislaid one of the diamonds, and she did not wish Frenaby to know about it—she afterwards explained that that was the reason.
WILLIAM CRISP . I live with my father, at No. 20, Goswell-terrace, which is nearly opposite No. 18. I know the three prisoners—I saw them go out on Wednesday the 3rd of February, between one and two o'clock—they went towards the City—I had seen them before at various times, but never all three together before.
Cross-examined by MR. BALLANTINE. Q. What sort of a day was this 3rd of February? A. Frosty—I was looking out of window—I had gone to dinner and come down again—I know it was on Wednesday.
MR. BODKIN. Q. How soon afterwards did you see the woman in custody at Union-hall? A. A few days after.
LOUISA DAVIS . I live with my husband, at No. 5, Goswell-terrace. Harding came to lodge with me on the 24th of December—Franklin had told me that she expected some friends out of the country, and she wanted a room for them, and he came the same evening with Franklin—he had a cloak on—he brought goods—Franklin paid me the rent for the first fortnight
—I do not know whether I gave her a receipt—she gave me the name of Franklin when she took the lodging—Harding and his wife slept in the lodging, but not the children at first—he continued to live there till he was apprehended.
Cross-examined by MR. BALLANTINE. Q. Had you known Harding any time? A. About fifteen years—Mr. Letts has worked for him—I knew him in a respectable way of business, and he always bore a respectable character—it was in consequence of his difficulties that he came to lodge in this way.
MR. BODKIN. Q. Do you know that Frenaby worked for him? A. I know nothing about Frenaby—it is fourteen years since my husband has worked for Harding.
MR. BALLANTINE. Q. Do you mean, your husband has not worked for him for the last four years? A. He has worked for him up to within the last four or five weeks.
Cross-examined by MR. PHILLIPS. Q. Has not your husband worked for Frenaby also? A. Yes, for the last five or six years.
WILLIAM SMALLSHAW . I lived with Mr. Brown, a pawnbroker, in Gray's Inn-lane. I have produced a pin pawned on the 22nd of January by Franklin, in the name of Mary Ann Williams, Judd-street—I rather think she asked for 6l.—I lent her 3l.—I asked whether it was a diamond, to the best of my recollection—I had my doubts about it when I looked at it—I think she was in the shop about twenty minutes—I said if it was what it was represented it to be, I would lend her more in the morning—it was represented to be a diamond—I think she said so, but I cannot swear positively.
Cross-examined by MR. PHILLIPS. Q. You are not certain as to what conversation you had with her? A. I am not now.
SAMSON DARKIN CAMPBELL . I am a police-inspector. On the night of the 11th of February I took Harding and his wife into custody, at No. 5, Goswell-terrace—I said I had a warrant against him and his wife—he asked, "What for?"—I said for a transaction connected with some pins which had been pledged at different pawnbrokers—he said he knew nothing about it.
MR. BALLANTINE. Q. Before he stated any thing to you, had you held out any promise to him? A. None whatever—his children were there—I did not tell him I was, like himself, a family man—I do not think such an expression was used by me, or any thing to that effect—I certainly sympathized with the apparent distress of his wife and family—I should say it was extremely unlikely I should., make a remark of that kind—I quite sure I did not say it would be better to tell the truth, on the contrary, I cautioned him, and he thanked me for my caution.
MR. CLARKSON. Q. Did you say any thing to him about the Walworth-road? A. I said, "Have you not been in the Walworth-road within the last week or ten days?"—he said no, he had not—I said, "Do you not know a man of the name of Frenaby?"
COURT. Q. But why, if you cautioned him about his answers, put questions to him? A. I had my doubts almost whether he was the man
against whom the warrant was, never having seen him before, therefore I was endeavouring to satisfy myself whether he was the person.
MR. CLARKSON. Q. When you asked him whether he knew Frenaby, what said he? A. He said, "No"—his wife came forward, and there was a very distressing scene—he was not entirely dressed—he dressed himself during the time this conversation was taking place between us—we then went into the front room—I asked him where the blue Macintosh cloak was—he asked me, "What cloak?"—I said, "The cloak which you wore when you went to Boyce's to pledge the pin"—(I was endeavouring to ascertain if he was the person; I still, from not knowing him, and from his manner, doubted it)—he said, "I see you know all about it; I am in it; but she"(pointing to his wife)"is as innocent as a babe unborn; she never pledged an article in her life; I did it, but she knows nothing at all about it; I see that b—wretch, Frenaby, has been chattering; I will tell all I know; I will turn Queen's evidence; I only pledged one pin myself; that was at Boyce's, in Theobald's-road; and as I returned them the money, and got the pin back again, they cannot do any thing to me for that"—I said, "There was a female with you at that time"—he said, "Yes, Frenaby's woman was with me, and so was Frenaby, but he did not return back with us"—I said, "There was a fourth person, I understand, with you in the Walworth-road"—he said, "No, there was only three of us; me and Frenaby waited at the beer-shop while his woman went to Knowles's to pledge the ring"—I took his wife to the station, but discharged her, on ascertaining that she was his wife—as I was taking them down, I heard him say to his wife, "If you are asked any questions, tell the whole truth, for we will not be got into trouble through him"—we then had a conversation about the pins—I did not seek for it; on the contrary, I repeatedly cautioned him; he thanked me, but said he was determined to tell the whole of it—he said, the first pin they got was brought to them by two Jews to Frenaby's house; that Franklin went out and pledged it at Sharwood's, in St. John-street, for 4l.; that afterwards, the Jews brought a second pin to them, which was also purchased; but that Frenaby watched the Jews, when they left the house, to Messrs. Kibbear and Evans; he afterwards refused to make any more purchases of the Jews, but went and made his purchases himself of the makers—I asked him, whether Frenaby had not occasionally worn his cloak—he said, "Oh yes, repeatedly; I have repeatedly lent him my cloak, and so has Mary Ann Franklin my wife's; the one she has got on now is her's—he said he had been a jeweller; that he had been brought into it entirely through Frenaby; that he was respectably connected, and that Frenaby had been his journeyman—I had seen some duplicates at Frenaby's lodging, and I asked Harding where the duplicates were—he said, he had deposited them with a friend of his, at No. 8, Wynyatt-street—I went there, and found the duplicate of the cloak, which I took out, and have produced—I found Frenaby at the Pheasant public-house, Gray's Inn-lane, the following morning, the 12th—I told him what he was charged with—he said nothing.
Cross-examined by MR. BALLNTINE. Q. You had a warrant against Harding, in which he was described by name? A. Yes—a description; had been given me of where he Jived, and there I found him; but I doubted his being the man, from his manner—if he had not said a word, I should have considered myself justified is taking him—I asked these questions to satisfy myself that I was apprehending the right person, against whom the
warrant was granted—I should not have taken him if he had said nothing, without having the landlord up, to see if that was the Mr. Harding—it was perhaps two or three minutes before I was satisfied that he was the man—I asked many questions after I was satisfied he was the party; but that was after he told me his positive determination of turning Queen's evidence; and I repeatedly cautioned him, that he had better reserve what he bad to say till he went before the Magistrate—he said, "No, I mean to tell all I know; I don't mean to conceal any fact before the Magistrate"—I did not put several questions to him after cautioning him not to say any thing—a general conversation took place between us on the way to the station, in which he was perfectly communicative; and even without having said any thing for a minute or two, he would break out again, to tell roe some circumstance connected with the transaction—I did not get any thing from him at that time by asking him questions—it was after he had said he would turn Queen's evidence that I asked him if a female was not with him at Boyce's—I put that question to gain information which he was readily disposed to give—my first questions were, to see whether or no I had the right man, not to gain information of the entire offence, and that he was the person who committed it—it was after he said he would tell all he knew, that I asked him about waiting in the beer-shop—I asked him about the cloak previous to being convinced he was the man—I had been in the house more than an hour before he came home, and had seen the landlord—I gained information from him, that a person named Harding lived in the room, but he did not describe him to me—Harding came in, and let himself up stairs, without being seen by me or the landlord.
(Franklin and Harding received good characters.)
FRENABY— GUILTY .— Confined Twelve Months.
HARDING— GUILTY.—Recommended to mercy. — Confined Six Months.
FRANKLIN— GUILTY.—Recommended to mercy. — Confined Three Months.
NEW COURT.—Monday, April 5th, 1841.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 10.— Transported for Seven Years.—Convict Ship.
GUILTY . Aged 13.— Confined Six Months.
WILLIAM HENRY KENNINGTON (police-constable T 138.) I was on duty on Saturday, the 3rd of April, and I saw the prisoner on Ealing Common, on the Uxbridge-road—he was on the top of a cart of hay, and a little boy, six or seven years of age, was driving—a larger bulk of hay on the
top than is allowed by the farmers for their horses attracted my attention—I stopped the horses and asked the prisoner what hay he had on the top—he said it formed part of the load—I asked him how many trusses there were in the bottom lay—he said eleven—the right quantity is twelve—I asked him if he was sure he had got no more—he said he had not—I told him to get off the cart, I would count them—he got off—I counted twelve, six on one side and six on the other—I then got on, and found a truss weighing 65lbs., a smaller one weighing 30lb., and a bottle of hay, hanging by the side of the copse, weighing 28lbs. —I then told him he was wrong—he said no, it was quite correct—I then counted the trusses—there were thirty-six, a regular load, independent of what was on the load—I told him he must go back to the station—I turned his horse round, and proceeded about twenty yards—he came and said, "It is wrong; it is the first time, I hope you will let me go; I will give you a shilling, and treat you with what you like to drink"—I took him to the station, and went to his employer, at Ruislip—the truss of hay on the top did not seem bound in the regular way—it did not weigh the same as a regular truss.
HENRY HILL . I am the prisoner's master, and hold some land at Ruislip. He was employed to take up a regular load of hay on Saturday—I did not see it go away, but the man is here who bound it—I saw the hay that was found, it appeared to be the same quality as my rick—I allow a bottle truss of 20lbs. for each horse—there were two horses—I should not allow a truss of 65lbs., one smaller one, and' a bottle besides—it was extra, and taken without my authority.
BENJAMIN WATKINS . I cut the hay in question—I loaded thirty-six trusses myself—I have seen the hay found on the top of the load, and weighed it—it was not mine—the prisoner asked me to lend him my knife—I left my knife with him—the thirty-six trusses was my cutting, the other was not, but it was all the same sort of hay.
Prisoner. It is the first time I did it.
GUILTY . Aged 55.— Confined Three Months.
SARAH HENDERSON . I am single. On the 17th of February, about seven o'clock in the evening, I was in Long-lane, Smithfield—I went into a pastrycook's-shop—the prisoner was looking in at the window—I observed him—he is the same person—I had a small canvass bag in my pocket which contained 5s. in silver and four duplicates, one for a veil and four handkerchiefs, another for a shawl, another for a dress, and the other for a gown—I have seen the duplicates since, and I know them to be my property—when I came out, the prisoner spoke to me and asked me to have something to drink—I refused it—he was quite a stranger to me—I walked on—he walked on with me, on my right-hand side—we walked about twenty yards—he ran away suddenly, and went towards Smithfield—immediately on his running I felt my right-hand pocket, where my money had been—I am sure it had been there—I put it in before I came out of the shop—I missed my bag—the prisoner walked a little way, and then ran—I ran, but could not see him—I did not see him again till very lately.
Cross-examined by MR. CHAMBERS. Q. Did you say you never saw
him before? A. No—the person who keeps the shop is not here—I went to buy a tart, and when I came out the prisoner was there—I did not go with the prisoner into a public-house—I do not know the White Horse, Fetter-lane—I walked towards Barbican—I know Fetter-lane—I lived, when I was examined, in Golden-lane—my landlady left, and I went with her—when I was before the Magistrate, on the 16th of March, I lived in Reform-place, Whitecross-street—I left about a fortnight ago—I live now at No. 5, Egleton-place, Bunhill-row—I went with my landlady there—they did not give me notice to quit—it is a correct place—I know West-street is somewhere in Holborn—I cannot say where—I think, near Holborn-hill—I think, on the right side—you turn to the right, and then you turn to the left—I do not know No. 2, West-street—I never was there—I am a dress-maker, and carry on business in Egleton-place—I was in service before, in Conduit-street, Regent street—the place did not suit me—I never lived in Maddox-street—there was no captain lived there—I lived with Mrs. Nichols in Conduit-street—I was not turned away, I gave a month's warning—there were no lodgers there, only Mrs. Nichols and her daughter—I never told any one I went away with a captain—I did not do so—I did not go into service again, because I did not like it—I have no parents or friends—I am now twenty years old, and have been out to service since I was fourteen—I had been to service before I went to Mrs. Nichols's—I have always got my living by being in service, never in any other way.
EMMA STEEL . My husband is a bricklayer, in Aldersgate-street. I knew the prisoner in Bedfordshire, in early life—a month ago yesterday, he brought me a duplicate for a dress, and asked me to buy it—I bought it, and gave him 1s. for it—the next morning I redeemed it—I afterwards produced the gown—I afterwards purchased three more duplicates of him for 2s., one of a gown, pawned in Whitecross-street; another of a gown, and the other of a black veil, three pocket-handkerchiefs, and a neck-handkerchief—the next morning I went and had them all renewed, and put in my own Dame—the prisoner told me he got them from a young woman that he had been keeping company with—he said he had got some paint cleaning in the country, and wanted the money to go down—the last three duplicates were contained in a small canvass bag—the officer went to my house, and found the bag in the drawer where I told him he would find it—I went to look at the articles the next morning, and paid the interest, and got them put in my own name.
Cross-examined. Q. You were taken up? A. Yes, three weeks ago last Friday, and was kept till the Saturday morning—the prisoner was not lodging in my house—they said they must keep me till they found him—I gave information where he might be found.
Cross-examined. Q. What is the name on them? A. "Ann Maund" on the original one, and "Mary Steel" who had them put in her own name.
JAMES FRANCIS THOMPSON . I am a pawnbroker in East-street, Marylebone. I have a duplicate of a shawl pledged on the 1st of August in the name of Ann Maund, and renewed on the 10th of March, in the name of Ann Steel.
JAMES TELFER . I am a pawnbroker, and live in Whitecross-street I have a ticket of a gown pledged for 2s., in the name of Henderson, given me by Steel—I discovered it had been redeemed by affidavit, by Sarah Henderson—on applying to her I found she had been robbed of her duplicates and money.
Cross-examined. Q. Did he not say he could clear himself? A. Yes,
(Property produced and sworn to.)
MR. CHAMBERS called
THOMAS WISBY . My father keeps a beer-shop in Little Peter-street, Westminster. I have known the prisoner about nine months—between eight and nine o'clock on an evening in February, I was drinking with him at the White Horse, Fetter-lane, between eight and nine o'clock—he went away—I and he are members of a club there, called the Porter's club—he came again after eleven, with the prosecutrix, and had something to drink—I have always beard a good character of him—the prosecutrix is the person who came with him.
COURT. Q. How did you become acquainted with the prisoner? A. He succeeded me at my last situation, at Brett's, in Little Furnivals-inn—I think this was on a Friday—I did not attend before the Magistrate, and tell this—I first heard he was in some trouble on the Saturday—I heard it from the cook, who was living there—she knew it by going to the hospital—I had never seen the prosecutrix before—I did not speak to her—I did not serve her with beer—they were there about five minutes—I was standing at the bar, drinking, when she came at eleven o'clock—the cook is not here.
Q. Upon your oath, is the prosecutrix the young woman? A. To the best of my recollection she is—I cannot swear positively that I ever saw her in his company.
MR. CHAMBERS. Q. What is your belief? A. My belief is that she is the person.
CECILIA GROVES . I was servant at a brothel, No. 2, West-street. I recollect the prisoner coming with the prosecutrix, and asking me for a bed, in the month of February—I cannot say what day—I think a Friday—I let them have a bed—I cannot say how long they staid—I received 1s. or 1s. 6d.
COURT. Q. How long did you live in this house? A. Not above a month—I do not know how many hundred couples I see in that month—I do not recollect every body that comes to the house—the reason I took so much notice of the prosecutrix, was, because she looked so much like a servant girl—she was not the only servant-girl I ever saw there—I do not know whether they staid all night—there was a young man came to me to know who was servant there six weeks ago—I said I was—I pointed out the prosecutrix in the Court, down stairs—I am sure of that—I will swear that she is the young woman.
Horse-court, Horse-course, Aldersgate-street; and William Jervis, upholsterer, in Old Kent-road, gave the prisoner a good character.)
GUILTY . Aged 25.— Transported for Ten Years.
WILLIAM CORFIELD . I work about the wharfs. On the 5th of March I was in Upper Thames-street—I saw a gig standing—no one was attending the horse—I saw the prisoner take a Macintosh coat from the back of the gig—he walked away—I went and told a person at Mr. Morgan s—he and I went in pursuit—I did not see the prisoner running—I went up a lane, and was tripped up and stopped by three young men—the prisoner was taken afterwards—he is the person.
Cross-examined by MR. PAYNE. Q. You did not see him after, till he was brought back? A. No—I was stopped in a lane opposite Miles lane—the prisoner walked towards Gracechurch-street—the chaise was standing at No. 106—that is further off from Miles-lane than Gracechurch-street.
JAMES MORGAN . The prosecutor had given the chaise and horse into my care that morning—I went to fetch the whip—Corfield told me a per-son had gone with the coat—I went out of the shop, and just as I got to Miles-lane, I saw the prisoner running—I ran after him and got into King William-street, and saw him with it under his arm—he sometimes walked and sometimes ran—he got to the corner of Lombard-street—I told a policeman—the prisoner saw me do it, and chucked the coat into the road —policeman ran and caught him—he is the same person.
Cross-examined. Q. Where did you first see him with the coat? A. In Gracechurch-street—I had just turned up King William-street—I got to the opposite side of the road—the person who threw the coat away was on the pavement—I was about one hundred yards from him—the Police-man ran after him—a ticket porter picked up the coat, and I went back with him.
JOHN GOREIDGE (City police-constable, No. 544.) I was at the corner of Lombard-street, a few minutes past nine o'clock—Morgan said, "Stop that thief, he has taken a Macintosh coat from a gig"—I saw him throw it down—I followed him and took him—I lost sight of him going round King William-street—I secured him—I am sure the prisoner is the person who, threw away the coat.
Cross-examined. Q. Was his back or his face towards you? A. His back—he ran all the way before me—I could not help knowing him—he turned round Clements-lane, and I lost sight of him.
(The prisoner received a good character.).
GUILTY. Aged 20.—Recommended to mercy — Confined Three Months.
March, I paid the prisoner 5l. on account of his master—he did not give me a receipt.
Prisoner. Q. What was your reason for not asking for a receipt? A. I had no reason—I paid you 5l. and counted it over to you—there were three or four pounds in gold, and the rest in silver.
WALTER JOHN HATLEY . I am cook at Taylor's dining-rooms. I paid the prisoner 5l. on the 22nd of March, on account of his master—he told me Mr. Williams was in the country, and he would return to town on the Wednesday—he would be sure to bring me a receipt over.
JAMES DYER WILLIAMS re-examined. The prisoner gave me 4l. on the 4th of March—Mr. Hatley is my tenant—I had written a note to him for it, and the prisoner said he had paid 4l., but he had some death, which made him short of money—the prisoner said no more was paid to him—I went out of town on the Tuesday, and on the Monday I inquired if Mr. Hatley had sent it, the prisoner said, "No, should he call?" I said, "Yes"—he went out, and came and said Mr. Hatley had paid him 4l., and I should very soon have the remainder.
Prisoner. Q. Did I keep a disbursement-book in your office? A. Yes—I will swear that you have not accounted for 2l. more than you received—I know there is a balance against you.
WILLIAM JAMES EDWARDS (police-constable 30 F.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read—the prisoner is the person—I was present at his trial.
GUILTY . Aged 19.— Transported for Seven Years.
HARRIS LAZARUS . I am a furrier and cap-maker. Between four and five o'clock in the morning of the 23rd of March, I went into my back yard, which is surrounded by a wall—I opened the door and saw the prisoner on the wall—I took hold of his leg and pulled him down—no one was with him—he struck me with his fist—the policeman came and took him—he found this brass cock in the prisoner's pocket—it had been cat off the pipe—it was secure the night before—when he was taken he said, "I did but just come in the yard."
JOSEPH WELSH (City police-constable, No. 603.) I heard the cry of "Police"—I went to the house, Lazarus and the prisoner were struggling in the passage—I found this in the prisoner's pocket—he said he was very hungry, and he had a white cloth in his hat.
GUILTY . Aged 19.— Transported for Seven Years. (There was another indictment against the prisoner.)
JOHN WILLIAM EDWARDS . I am a poulterer in King-street, Bloomsbury. On the 8th of March, at twelve o'clock in the morning, I received information—I missed this dead fowl—I had seen it safe about three minutes before—I ran up Orange-street to Drake-street—I saw the prisoner
and his companion—I found the fowl wrapped up in an apron in the prisoner's possession—I took him.
Prisoner's Defence. The prosecutor said at the office, it was five minutes before one—he hit me on the side of the head, and knocked my cap off.
GUILTY . Aged 17.— Transported for Seven Years.
THOMAS BAKER . I am a porter to John Warner and Sons, and live in Greenhil's-rents, West Smithfield. Between one and two o'clock in the morning of the 20th of March, I had been up with a friend at the west end of the town—I was quite sober—I met the prisoner at the corner of Smithfield—she wanted me to give her something to drink—I said, no, I would not—she told me to go down West-street, there was a house open-walked a little way, and said the houses were closed—she began to huddle and cuddle me, and at the same time she picked my pocket—had two half-crowns, one shilling, and one sixpence—they were first in my rights hand pocket—I took out the half-crowns, and put them into my side-pocket—I thought it would be more secure—she walked with me a few yards, and cuddled and huddled me up—she went away, and I put my hand into my pocket, and missed the money—I then seized her, and called the police—I took hold of both her wrists, and she bit my thumb—there were two young men came up, and one wanted me to Jet her go—I fancied she gave the money to him at the time they held my hands, and tried to make me let her go—I never saw my money after, and 1 told the policeman—the man staid a little way off till the policeman came—lost 5s. from my coat-pocket, and 1s. 6d. from my trowsers.
JOHN EVANS (City police-constable, No. 283.) I heard a great screaming—I went to the spot—the man was gone—the prosecutor said two men had come, and he thought they had got the money—he seemed to know what he was about—he was quite sober—there was only 3d. found on the prisoner.
Prisoner's Defence. I was going home about two o'clock in the morning, and met the prosecutor—he kept shoving up against me, and said, "Will you shake hands?"—I said, "Yes"—he said, "Will you go and have something to drink?"—I said, I did not mind—he then said, "Will you go home with me?"—I said, "Where?"—he came to the place, and then he went away, and said, "Will you come back with me?"—I said, "No"—then he pulled all the clothes off my back—I called the police, and he called, and said he had been robbed of two half-crowns; and then he said he bad been robbed of 1s. 6d. more.
NOT GUILTY .
OLD COURT.—Tuesday, April 6th,
Second Jury, before Mr. Recorder.
MR. CLARKSON conducted the Prosecution.
ELIZABETH LUTGE . I am the wife of Charles Lutge, furrier, of New gate-street. On the 5th of February, a stranger (not either of the prisoners) came to the shop, and ordered two muffs—I sent them, on approbation, to No. 14, Queenhithe, by Henry Barber, our porter, with an invoice, and directions not to leave them without the money.
CHARLES LUTGE . I am last witness's husband. I was not at home when the muffs were ordered—I told the porter they were on approbation, and he was to wait to bring them back or the money—he returned without muffs or money—I sent him afterwards for the money—I went myself on Wednesday, the day after, some shawls were delivered—I applied at the place on the 11th, and saw the prisoner James—he merely said he was astonished his father did not call, as he drove past my door every day, that it was merely a trifle, and as soon as he came in he should pay it—that was the only time I called—I waited outside, to see if the elder prisoner came in, and saw the younger prisoner go out directly—I took him to the Mansion-house, but could not establish my charge, having no witnesses there—I had left my porter to watch, to see if the elder prisoner came while I was gone to the Mansion-house—the younger prisoner was not dressed as he is now when at Queenhithe—I sent the shawls, because the younger prisoner said he wanted to match them with the muffs, and would pay for the whole, and that he should want several little things besides—I had sent three times before the shawls were ordered—I sent a different man, as I thought the first man was not sharp enough.
ANDREW JOHN MAISHMAN . I am apprentice to Mr. Lutge. Two or three days after the muffs were sent, the prisoner James came, and said he wanted three fur shawls, and three yards of swan trimming, to be sent in the afternoon, to Queenhithe, to Mr. M'Carthy—I said I could not send them till the day following—he said, "Very well"—I believe they were sent next day—they were shawls with hoods—he asked for them—I sent a bill of parcels with them by a journeyman of ours—I heard Mr. Lutge say he was not to leave the goods without the money, and I told him the same, but he came back without goods or money.
HENRY BARBER . I am porter to Mr. Lutge. On Friday evening, the 5th of February, I was sent with the muffs, with directions not to leave them without the money—I went to No. 14, Queenhithe, with a bill receipted—I saw the prisoner James, and asked if that was Mr. M'Carthys—he said, "Yes"—I said I had brought some muffs, and wanted the money for them—he said, "Mr. M'Carthy is not at home, nor any of his clerks, and I cannot pay you"—I asked when I should call again—he said, "To-morrow morning, between ten and eleven o'clock"—I tore the receipt off, and left them, as I thought it was a respectable place—he said it was all right—I went next morning, and saw the prisoner James—he said Mr. McCarthy was not at home; I was to call again in the afternoon, between four and five o'clock; which I did, and saw James, and a person standing by him—the prisoner James said to that person, "Go and fetch father"—the person went away, and returned with a strange man, not the elder prisoner—he appeared between forty and fifty years of age—I said I had called for the account from Mr. Lutge, and wanted to know the reason why it had not been paid; the man said, "I have been very busy down at the docks, and have not been able to call; I drive by the door every morning, and next day I will call"—this was on Monday—the prisoner
James was standing by at the time he said this, and did not say any thing.
MR. LUTGE re-examined. Nobody called on Monday morning.
WILLIAM STELOES . I am journeyman to Mr. Lutge. On the 10th of February I took two far shawls, by my master's directions, to No. 14, Queenhithe, and was told not to leave them without the money—I had a bill and receipt—I found the prisoner James there—he said Mr. M'Carthy would be in half-an-hour, and if I would leave the goods, he would leave the money out—I said the invoice was receipted—he said, "You had better tear the receipt off, and leave the bill, that he may know the amount, so that he may leave out the money"—I left the shawls, tearing off the receipt—I went back in half-an-hour—he said Mr. McCarthy had been in, and gone out, and he did not leave the money, but he would call at my master's and leave it—he said Mr. M'Carthy was gone home—next morning when I went I saw James—he said he was gone to the Docks, and would call—I went again in the afternoon, and several times, I believe four times—I always saw the prisoner James and a young lad there—I never got either the goods or the money—I told James the second time I went, that I had not done right in leaving the goods without the money—he said, "Oh, it is all right, we shall want several little things of you;" but when I went after the half-hour, the shawls were gone.
JOHN PAWLEY . I am in the service of Mr. Attenborough, a pawn-broker in Crown-street, Finsbury. On the 17th of February, the prisoner John, to the best of my belief, came to our shop and pawned a muff and fur-shawl for 25s. in the name of William Carter, No. 167, Fen-church-street.
Cross-examined by MR. JONES. Q. You are not positive of him? A. I have no doubt of it, but I do not swear it.
MR. LUTGE re-examined. This is one of the muffs I sent on the 5th, and one of the shawls sent on the 10th.
JOHN THOMAS COX . I am book-keeper at a merchant's house. In July last I was proprietor of the house, No. 14, Queenhithe—in the early part of July last, the prisoner John came to me, and said he understood I had a counting-house to let—he asked the terms, and said he was desirous of taking it—I asked for a reference, and he gave me one, representing himself as a wine-merchant and importer of wine, and an exporter of hardware—he agreed to pay 30l. a-year, and took possession about the 6th or 8th of July—the prisoner James used to be there, and a lad—James called the prisoner John his father—there were a great many persons going backwards and forwards to the counting-house at various times—I got my rent up to September, since which I have had nothing—the prisoner John paid the rent—I live in the house—there was no wine or any thing there, except some wharf-bills and shipping-cards stuck up—at the time he took the place, he asked to see the cellars, as probably he might want to put wine in the cellars—he saw them, and said if he took them, perhaps I would let them reasonably—I said yes, but he did not take them—they would hold three or four pipes of wine in wood.
COURT. Q. Is it not common to have a counting-house without having goods there? A. Persons in business can soon tell whether there is business going on or not—the number of persons coming and applying for money without getting it, got my house a bad name in the neighbour-hood.
HENRY HEADDINGTON . I am porter to Richard Board, a tallow-chandler, in Watling-street. On the 6th of February a person who is not here, came to ray master's shop, and ordered 6lbs. of bottle wax, 6lbs. of mould candles, and 6lbs. of cellar-candles, to be sent to Mr. M'Carthy, No. 14, Queenhithe, in two hours—I took them down between two and half-past two o'clock, and delivered them to the party who ordered then, in the presence of the prisoner James, in the counting-house, No, 14, Queenhithe—I said, "What else will be wanting?"(as he had said when I received the order, that he would let me know when I came down with them, what their housekeeper at Camberwell wanted;) and the party in the presence of James, produced a paper with the remainder of the order on it—I took it home to the shop, and it was torn up, and thrown away—I did not see it torn up, but they are always torn up after being entered in the book—I have looked for it several times, and can find nothing of it—there was on it, "3 bars of yellow-soap, 3 bars mottled soap, 12lbs. kitchen candles, 6lbs. office-candles, 3lbs. spermaceti-candles, and 3lbs. rush-lights"—I asked the party what size the candles were to be, saying, "Some people have fours, and some sixes"—he turned round to the younger prisoner, and said, "That is the size we use, fours;"—the younger prisoner said it was, and told us to bring fours—I was ordered to bring them down on Monday—I asked them what time they would like them brought down—the party turned round to the prisoner James, and asked him what time their cart would leave the Docks—James said, "About three"—the man said, I was to bring them down about that time, for the cart, and I was to bring a bill, and he would pay me for the whole—on Monday at that time 1 took the goods, and saw the same man, and the prisoner James—I put the goods on a sort of sideboard—he took the bill, and said, "I will call and pay you before I go to Camberwell"—I then went away—I did not go for the money till after the Friday following—I saw a little boy in the counting-house—I did not see the prisoner James afterwards, nor the man, nor the prisoner John at all—I went on the Saturday and Monday, three times on each day.
ALEXANDER MATTHEWS . I was in the service of Wm. Dawson and Son, stationers, in Cannon-street. On the 17th of January, the prisoner James came to my master's warehouse and ordered a "Post-office Directory, "four quires of post-paper, a pint of the best ink, and a box of wafers, to be sent to M'Carthy and Co., No. 14, Queenhithe—I wrote that on the order—here is the order in writing—they came to 1l. 3s. 9d—I delayed sending them for two or three days—the prisoner James called, and inquired why they were not sent—I sent them on the 21st, by Finch, our porter—I told him to take them, and say we had not the pleasure of knowing them, and not to leave them without the money—we did not get the money.
Cross-examined. Q. Do you know of Dawson and Son having supplied newspapers to the counting-house to read, since August? A. No, I do not know it myself—I know it from them—they were supplied up to the time the goods were ordered.
MR. CLARKSON. Q. You had supplied them with newspapers? A. Yes, but the two branches of business are quite distinct—they were not paid for, I understand.
MR. COX re-examined. I believe this order to be in the hand writing of the prisoner John, it is so, to the best of my recollection, but I cannot positively
swear it—I have seen him sign an agreement—I never saw him write on any other occasion—I have frequently looked at the agreement—I think this writing agrees with the signature to that agreement—I do believe it it his writing, but do not swear it.
Cross-examined. Q. Will you swear you believe it? A. No—I have not compared it with the agreement—I believe it to be his writing.
SETH FINCH . I am porter to Messrs. Dawson. On the 21st of January, I received the parcel to take to No. 14, Queenhithe, with orders not to leave it without the money—I saw the prisoner James, and told him I bad brought the goods from Mr. Dawson's, Cannon-street, and I was to have the money—he told me to leave the goods, that Mr. M'Carthy was not at home, but I was to call in the afternoon, and the money should be left out for me—I went down in the afternoon—I saw James, he said Mr. M'Carthy was not at home, but I was to call down in the morning, or the money should be sent up when the bill was sent in for the newspapers—I went for it again and saw James, he said Mr. M'Carthy was not at borne, but the money should be sent up—I never got it.
PAUL KEMPSTEAD . I am in the service of William Millard, a trunk-maker, in Skinner-street, Snow-hill. On the 4th of February, a strange man called at the shop, and ordered a trunk to be sent to No. 14, Queenhithe, for him to take down to Camberwell-grove in his own chaise, for his daughter's approval, and if she liked it he would have one at three guineas and a half, for his son to go to college with, and a trunk a-piece for his two daughters—I sent one trunk that afternoon by Mr. Millard's son—on the following day the same person called, and said the trunk was hardly good enough, but he would make it do, and a trunk like it was to he sent down that morning, with a portmanteau at three guineas and a half, to be there in time for his cart, which was going down to Camberwell-grove with some wine—in consequence of inquiries my master had made, I went with the porter with the things, and saw the prisoner James—I said I had brought the trunks down—he said Mr. M'Carthy had gone to the Docks, he would be at home in. half an hour—we said we would wait—he said it would be useless to wait, as it would be very uncertain what time he would come in, and then we took them back—next morning I went again, and saw James—he said Mr. M'Carthy had just gone to the Docks, and while we were there the stranger who had given me his name as Mr. M'Carthy came in, and said in the presence of the prisoner James that he had just seen my employer, and made his arrangements with him, and I might leave the goods with him, for it was all safe, and he would call at three o'clock in the afternoon, and pay for them—I did not leave them, as I had received information—we never got paid for the one trunk—I asked for the money on the Friday and Saturday, and on the Monday following—I saw the prisoner James on all those occasions—he told me it was all right, and we might leave them, that Mr. M'Carthy was very much surprised we did not leave them on the Friday, and if we had left them Mr. M'Carthy would have called and paid us—I never saw the prisoner John.
WALTER MILLARD . I am the son of Mr. Millard. I went with a trunk to Queenhithe, and delivered it to the prisoner James—I said I had brought a trunk for Mr. M'Carthy—he said it was right, and I left it—I went afterwards with Kempstead to get the money, but never could.
MR. COX re-examined. I have, since I was here before, examined the little room at the back of the counting-house, and found two holes perforated through the wainscot—they would enable a person to look through and see who was in the counting-house—those holes were made since the prisoners took the place.
HENRY LOVETT . I am a City policeman. On Tuesday, the 16th of February, in consequence of what Mr. Cox said to me, I took the prisoner James into custody for removing goods—he had got an office-stool under his cloak—I took him to the station—the charge could not be sup-ported—Mr. Lutge was sent for, and preferred his charge—he told me he was the son of Mr. M'Carthy, and in partnership with his father—I afterwards traced the furs to the pawnbroker's.
Cross-examined. Q. Will you swear he said he was in partnership with his father? A. Yes—I asked him what he had to do at the office, whether he was servant, or what—he did not say he was clerk.
ELIAS MILLER . I am a policeman. I had been on the lookout for the prisoner John, and on the 18th of February I saw him in the Poultry, about a quarter before eleven o'clock in the morning, in custody of another man—he had been taken on a charge of drunkenness—I followed him to the justice-room, and took him.
JAMES MCCARTHY— GUILTY . Aged 17.— Confined Three Months.
JOHN MCCARTHY— GUILTY . Aged 44.— Confined Nine Months.
REV. THOMAS DOUGLAS HODGSON . I live in Hampshire—I am at present staying at Dean's Yard, Westminster. On the morning of the 11th of March, I was passing under the archway of the Horse Guards—I was detained there a short time during the relief of guards, and felt my pocket move—I put my hand to it, and missed my handkerchief—I turned round and saw the prisoner close to me, on my left-hand, and a small portion of my handkerchief protruding from his trowsers' pocket—I drew it out and claimed it—he denied having taken it, and pretended to be unconscious altogether of having it—I held him till the policeman came—this is it—I had very shortly before put it into my pocket.
Cross-examined by MR. DOANE. Q. I suppose there was a crowd of persons? A. A few—I stood there three or four minutes—I saw part of my handkerchief plainly in his pocket.
GUILTY . Aged 17.— Confined Six Months.
1016. JOHN ROWLANDS , JUN. was indicted for stealing, on the 23rd of March, 1 coat, value 3l. 10s., the goods of John Rowlands; and SARAH RICHARDS , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.; to which
ROWLANDS pleaded GUILTY . Aged 17.— Confined Six Months.
JOHN ROWLANDS . The prisoner is my son. On the 23rd of March I lost a great coat from my bed-room, which I had seen safe on the Sunday before—I did not see my son for two days after I missed it, I then asked him whether he had taken it—he said, "Yes"—I asked what he had done
with it; be said he had given it to Richards, and she had run away with the sovereign—he said he had been gambling, and had some money to pay, and tried to make it up—the coat does not fit him—my room door was forced open—it had been locked.
BENJAMIN SHREIDER . I am in the service of Mr. Sowerby, a pawnbroker, in Chiswell-street. I produce a great coat pawned on the 23rd of March, about half-past four o'clock in the afternoon, for 1l. in the name of Ann Richards, by the female prisoner.
RICHARDS— NOT GUILTY .
JOSEPH HAWKRIGG . I keep a coffee-shop in Barbican. The prisoner came to my house on Saturday night, the 20th of March, and asked for a bed for the night—he went to bed about half-past eleven o'clock—I had eleven or twelve shillings and a half-sovereign in my trowsers' pocket when I went to bed—my room door was not locked—I got up at a quarter before six next morning, and missed my money from my pocket—the prisoner being the only strange person in the house, I went to his room—I found the door open, the key taken out, and put on a chest of drawers—one of the drawers was taken out and placed a few yards off, where it had no business to be—when he came down at half-past six, I told him what had happened, and said he could have no objection to be searched—he said, "NO"—I asked what money he had in his pocket—he said 11s. 6d.—I asked if that was all—he said, "Yes"—a policeman was sent for—I told him what money I had lost, and went up to the room with him and the prisoner—he was searched, and 11s. 6d. produced—he was asked if that was all the money he had about him—he said, "Yes"—I, not being satisfied, requested him to pull off his shoes, which he did—in pulling off his left shoe I perceived a bit of cotton rag tied round his leg—I asked what it was—he did not speak at first—I spoke rather sharp, took hold of him, and endeavoured to pull his stocking off—he endeavoured to prevent me, by putting his foot on the floor, and said he could do it himself—I said I would do it for him—I pulled his stocking off, and found a hard substance in it—I gave it to the policeman—he put his hand in and found a half-sovereign—on my return from the station 1 missed a pair of shoes from a closet in the room where the prisoner slept, and which I had seen safe the night before—I found them under the seat where he had sat while I sent for the-policeman, with a small bundle of patent leather, and four stiffeners for stocks, which had been on a shelf on the landing, close to his room door the night before—the piece of cotton which was on the prisoner's leg had been taken from the closet where the shoes were—there was nothing the matter with his leg.
Cross-examined by MR. PAYNE. Q. Have you been an officer? A. I have—I should not like to swear to the piece of cotton, though I know it is my property—the prisoner said he had ten shillings and three sixpences about him, and I found it was so—the silver I lost was all shillings except two sixpences, or there might have been three.
and found the prisoner sitting in the box—the prosecutor said he had been robbed, and should like the prisoner to be searched—the prisoner said he was very willing to be searched—we went up stairs, and I found ten shillings and three sixpences in his right-hand trowsers' pocket, and a half half-sovereign in the toe of his sock.
Cross-examined. Q. What sort of shoes had he on? A, Bluchers—they came above his ancle.
GUILTY . Aged 20.— Confined Eighteen Months.
JOHN OAKES . I am warehouseman to Mr. Southgate, a trunk-maker, in Crown-court, Old Change—the prisoner was frequently in the habit of calling to sell portmanteaus, and I have often bought of him. On the 5th of March, he came to our ware-room at the top of the house, and offered a portmanteau for sale—I refused to buy it, not being the size we wanted—he went down stairs—I followed him down—he appeared to be wrapping the portmanteau up, and was about to leave, when my suspicions were excited by hearing something rustle like paper—I called him back again to look at the portmanteau—in taking off the wrapper he endeavoured to conceal a parcel—I asked what he had—he said a dozen locks—I accused him of having taken them from Mr. Southgate—he begged I would forgive him this time and said, "Ob, pray don't mention it to Mr. Southgate—for God's sake don't"—I sent for Mr. Southgate, and he sent for a policeman, and gave him into custody—this is the paper of locks—I put my initials on the ticket.
Cross-examined by MR. PATNE. Q. How long have you known him? A. Eighteen months or two years—I did not miss this particular parcel of locks—we have missed a great number—some are kept in the counting house and some up stairs—he had to pass the place where they were kept—they lay within his reach—they were in a drawer in the first floor, which was open—I cannot say whether he opened it—I do not think there was time for him to have got at that drawer in coming down stairs, for I followed him so quickly—he must have got them in coming up—he did not bring the portmanteau up stairs with him—I came down stairs and saw it—I was induced to examine it, thinking he had something there.
JOHN SOUTHGATE . On the 5th of March, I found the prisoner and Oakes together—Oakes stated his accusation against the prisoner—he begged I would look over it this time, with an assurance that he would not commit himself in a similar manner again—these locks are my property.
Cross-examined. Q. How long have you known the prisoner? A. Several years—I believe his connexions are respectable—I never knew him in business for himself.
(The prisoner received an excellent character.)
GUILTY. Aged 35.—Recommended to mercy. — Confined Two Months.
and in consequence of my attention being drawn, I missed my handkerchief—the prisoner was near me—I seized hold of him, and found my handkerchief under his great coat it had been safe in my coat pocket very shortly before—this now produced is it.
Prisoner. I was walking up Ludgate-hill, and picked it up—a man came out of a shop and swore that I took it out of the prosecutor's pocket.
WILLIAM GLADMAN (police-constable S 18.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—I was present at the trial—(read)—the prisoner is the person who was then convicted—I was also present when he was convicted previous to that—I had him in custody.
GUILTY . Aged 17.— Transported for Ten Years.
SAMUEL HARDING , I assist my father william Harding who is a baker in Upper Seymour-street, Euston-square. On Saturday, the 6th of March, about a quarter before six o'clock, I was in the Chalk-road, Islington, carrying twelve loaves of bread on a board on my head—I met the prisoners, and another—I passed them, and then felt bread taken from my head from behind, which caused my board to tilt—I turned round and Freake had four loaves underneath his arm—he threw them to Robinson who threw a handful of mud at my face, and ran away with the bread across Maiden-lane—Freake ran straight down the road in a contrary direction—I followed him, and hallooed out, "Stop him—no one stopped him, and he ran down Winchester-street, and into the road again—it was about twenty—five minutes before I caught him—he jumped over a wall full nine feet, where I could not follow him—I ran round got in at the gate, and laid bold of him—he bad a stick to his hand with which he struck at me, but my left hand stopped the blow—the third person made with the stick.
Cross-examined by MR. DOAHE. Q. How many boys at this time? A, Three, one besides the prisoners—I only noticed those three—there were not three others there to my knowledge—I did not see Ebenezer Gough, Charles Nutton, and Charles clark there—I will not swear they were not there—my bread laid on the ground will while I ran after Freake, and my hat too, in the care of the third boy who was with the prisoners, but I did not know till afterward, that he was in league with the prisoners—he took the stick after I left him with the bread—Robinson got clear away with three loaves—I are quite sure of Robinson—I saw Freake's father at Hatton—garden, on Monday, the 8th of March—I did not tell him that all I wanted was to be paid for the damaged bread—I did not receive 8s. 6d. from him for the damage it sustained, nor any thing—I do not know did not receive any money from him or from any body—I do not know Mr. Taylor, an apothecary—I did not acknowledge in his presence or any one's, that I had received three half-crowns and 1s., from Freake's Father—the
father repeatedly came to roe while I was at the office, and offered me every remuneration, and said, if I fell into trouble, how should I like any one to come against me; and now I have done the best not to come against them, they have turned on me in this manner—I cannot say whether or not I left my bread in the care of more than one boy—I ordered a penny to be given to the boy for bringing it to the chandler's shop, and after that he came behind me with the stick—I believe he is a friend of Freake's.
Robinson. I was at home and in bed by half-past six o'clock on that night, and which my mother can prove—I had been at work in Maiden-lane—I was not there at all—he told the constable at Hatton-garden that I was not there when the bread was lost Witness. On my oath he is the person who was along with Freake, and that made off with my bread.
FRANCIS MANSER (police-constable M 87.) I took Robinson into custody, from information I received—I told him the charge—he said he knew nothing of it, that he was at borne end in bed at half-past six o'clock on Saturday night.
Witnesses for the Defence.
EBENEZER GOUGH . I live with my father, who is a brush-maker, in Hampden-street, Somers-town. On Saturday, the 6th of March, I was playing in the Chalk-road with Charles Nutton, Charles Clark, Freake, and another boy named Ford, who is not here—I did not see Robinson there—the boys were throwing dirt at one another—the prosecutor passed with bread on a tray on his head, and Freake and Ford threw some dirt on the board—that was all they did—the prosecutor put down his board, and told me and Nutton to mind it till he came back—we stood by his tray while he went off after Freake and Ford—Ford got off—he is about Freake's size—the prosecutor ran after Freake—he came back and told me to carry the bread to the chandler's shop, which I did, and Nutton also, and the prosecutor told the woman to give me a penny for my trouble—I am vat Freake never took a loaf off the tray—I did not see Ford or any one else take a loaf off—the loaves were all on his tray, as I came along the street, and so they were when on the ground.
COURT. Q. Do you mean that no loaf was taken off the tray? A. I do—the prosecutor knocked two off when he put the tray down, bat we picked them up again—it is not true that Freake had three or four of them, and ran away with them, I swear that—he did not throw any to any one else—none were thrown—the woman at the chandler's-shop counted ten quarterns—I did not count them before Freake threw the mud, but the tray was full when I took it to the chandler's-shop—the prosecutor told me to mind his tray, and Nutton was with me—he did not tell Nutton to mind it—I did not see him catch Freake, but I saw him bring him back, and give him into custody—I never saw Robinson there at all.
CHARLES NUTTON . I live with my father, who is a brushmaker, in Tittertonterrace, Islington—I was in the Chalk-road on this Saturday afternoon, with Gough, and three or four more, whose names I do not know—Clark and Freake were there, Robinson was not—when the prosecutor came past, Freake picked up a piece of dirt and chucked at him—he did not do it purposely—we were throwing at one another, and something
that Freake threw went against the loaves—that was all he did—the prosecutor put them off his head, and ran after Freake—a boy named Ford ran away also—some bread tumbled off the tray when the prosecutor put it down; we picked it up, and Gough and I stood by it, while the prosecutor ran after Freake—I saw him come back with Freake, and 1 helped Gough carry the tray to the chandlers-shop—it was full when we got there, and it was full when the prosecutor had it on his head.
COURT. Q. What did Ford do? A. He only ran away along with Freake, he did not run away with any bread—there was no bread taken off the tray, and none fell off, except two quarterns, when the prosecutor put the tray down.
CHARLES CLARK . I work with my father, who is a cooper, in Sandwich-street, Burton-crescent—I was playing with the other boys—Freake and Ford were there, but not Robinson—we were throwing things at one another—a bit hit the prosecutor, he put down his board, and ran after Freake—lam quite sure Freake did not touch the bread at all—Ford ran too, and he got away—he did not take any bread—Gough and Nutton stood by the tray while the prosecutor ran after Freake.
COURT. Q. What sort of a person is Ford? A. Tall, not quite no tall as Robinson—he is not at all like him—Ford never came back—he did not take any loaves—he ran at the same time as Freake—I am quite sure no loaves were taken—I did not count how many loaves there were—there was a trayful—I hare never been in trouble.
JAMES FREAKS . I am the prisoner's father, and live in Hastings-street—I was formerly a druggist, in Tottenham Court-road; I am not in any business now—I merely live by letting lodgings, and what my children bring me in. On Monday, the 8th of March, I went to Hatton-garden Police-court, hearing the trouble my son had got into—I saw the prosecutor there, and had some conversation with him—I gave him three half-crowns and a shilling—I supposed that my son, in a frolic, might have injured or dirtied his bread, and I said, "Let the matter drop, I will pay you the value of your bread," and not with any other idea—he took the money.
SAMUEL HARDING re-examined. I did not—he caae up to me, and wanted to compromise the matter—police-constable M 87 (Manser) was there?—they have been round to my customers, and disgraced me all they could, and the threats I have got have been shameful.
JOHN HENRY TAYLOR . I am a surgeon-apothecary, and live in William-street, Harapstead-road. I was at Hatton-garden office with Mr. Freake on the Monday—the prosecutor told me that he had received 8s. 6d. from Mr. Freake, and then using a most disgusting expression, said he would not appear against him.
COURT. Q. What led you to speak to him, or he to you? A. Why I have known the family from my boyhood—I brought the prisoner into the world, and I went to hear the charge—this conversation occurred at a public-house facing the office—I went there to seek for the prisoner's father, and the prosecutor was there with two friends—I said I hoped he had been settled with for the damage done to his bread—he said yes, he had, he had received 8s. 6d., he was, perfectly satisfied, he was fully paid for his Joss, and using a bad expression, said he had rather not
appear against the boy—the prisoner's father was present at the time, and another person, who the prosecutor has since sent to Whitecross-street prison, I believe intentionally, that he should not appear here.
SAMUEL HARDING re-examined. As I was going before the Magistrate, this man and the father came and asked me to have a glass of something to drink—policeman, No. 90 M (Morfee), was there, and drank at the same time—I told them what the boy had done—they asked me what else was found—I said, there was a bad half-crown found upon Freake—I said I was sorry for him—they told me the father's feelings were hurt, and the father asked me to take it into consideration—I said, I would let the prisoner off; but as for taking the money, on my oath I did not—the man the witness speaks of as being present, is a notorious character, who got into my debt—I summoned him—he took no notice of it—I took out an execution, and he is now in Whitecross-street—he has given me a bad character for putting him there.
FRANCIS MANSER re-examined. Just as we were about to go before the Magistrate, on the Tuesday, I saw Freake's father and the prosecutor in deep conversation for about five minutes—the prosecutor afterwards came up to me, and said, "What do you think Freake wants me to do?"—I said, "I am sure I don't know"—he said, "He wants me to swear that I found the bread, and not to prosecute"—I was not there on the Monday.
MRS. ROBINSON. I Jive in Argyle-place, New-road. The prisoner Robinson is my son—he gets his living by labour—the Saturday before he was taken he had no work—he had been ill all the week—he came home on that Saturday at or before six o'clock—I cannot exactly say—I had been out at work, and came home about half past five—I live about half a mile from the Chalk-road—I think it was about ten minutes before six when he came home, because he came in shortly after me—he did not go out afterwards—he had some gruel, and went to bed about seven o'clock—he was at home sitting by the fire between six and seven—there is a clock in the next room to mine, and I went in to ask what hour it was—I do not know where he had been before he came home—he did not bring any thing in with him—he had been at home nearly the whole of that week—I heard of this charge on the Monday.
NOT GUILTY .
GEORGE FREDERICK BROOKS . I lodge in Cromer-street, Gray's Inn-road. On the 4th of November I lost a watch, chain, and key from under my pillow in my bed-room—the prisoner was an apprentice in the house—I told him of my loss—he said, he wished the hands of the person who did it might drop off—he knew that I kept ray watch under my pillow.
JAMES. NISBITT . I am a rug-maker, and live in Euston-street. I bought a watch of the prisoner on the 14th of November, in Cromer-street—I gave him 14s. and a metal watch for it—I asked him where he got it—he said his father gave it him—I spoke to his lather, and he said he might sell
it, as he bad given it to him—in consequence of hearing that a watch had been stolen, I took it to Mr. Parsley's, the prisoner's master.
ROBERT PURSLEY . I am a boot and shoemaker, in Cramer-street. The prisoner was my apprentice—Nisbitt gave me the watch—I went with him and found the prisoner, who had absconded from me a week previous, and got a situation at the Bell public-house, in Great Carter-lane.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY. Aged 18.—Recommended to mercy. — Confined Nine Months.
HENRY WITHERS . I am in partnership with John Wills, as hosiers, in the Poultry. On the forenoon of the 17th of March I was behind the counter—I saw the prisoner snatch these goods, and run away with them—I followed him about thirty yards, and took him with them in his hand.
EDWARD EXTON (City police-constable.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—I was present at the trial—he is the person described in the certificate—(read.)
GUILTY . Aged 20.— Transported for Ten Years.
NEW COURT.—Tuesday, April 6th, 1841.
Sixth Jury, before Mr. Common Sergeant.
1023. WILLIAM WHITE was indicted for stealing, on the 10th of March, 1 pair of trowsers, value 1s.; 2 waistcoats, value 4s.; 1 handkerchief value 6d.; the goods of Thomas Burrain; I hat, value 2s. 6d., the goods of Edward Temple; and 1 pair of stockings, value 6d.; the goods of William Owens; to which he pleaded
GUILTY . Aged.— Confined Four Months.
LEONARD HILL, GENT . I live at St. Andrew's-hill. On the 20th of March I was in the Post-office—I had two pins and a chain in my stock—after putting a letter into the Post-office, I missed my pins—these now produced are them, and what I lost—I had them safe immediately before going into the Post-office.
Cross-examined by MR. PAYNE. Q. How do you know you had them? A. I happened to look, on buttoning my coat, and saw I had them in my handkerchief—I put a letter into the General Post-office, and then had to put one into the Twopenny Post—and turning round, I found I had lost my pins—I turned round to see if I could see a person in the office, and the officer said, "Have you lost any thing?"—I should think a quarter of an hour transpired before it was found—there were not persons searching about—no one knew I lost them but the officer—I did not speak aloud to the officer—there were a great many persons about just before six o'clock—the officer was not in a police dress—there were persons there, but not standing by—I cannot swear that they did not hear me.
ROBERT TYRRELL . I was on duty about six o'clock that evening—I saw the prisoner with this letter in his hand—it was sealed then, and has been opened since by the Alderman—he was reaching with it over the prosecutor's shoulder—knowing him, I kept my eye on him—he pressed very hard, and returned without putting the letter in—he went to another window—the prosecutor turned and said, "I have lost my pin"—I said, "Keep your eye on me"—the clock struck—the prisoner was then going away—I stopped him and said, "What have you got about you?"—he said "Nothing"—I searched, and in his pocket I found this pocketbook and this pin, loose—I asked where he got it—he said, "It is my own, I bought it at Manchester three months ago, and gave 14s. for it"—the prosecutor saw me pull it out—he said instantly, "It is my pin."
Cross-examined. Q. How far was he from the prosecutor when he was going away? A. About four yards, I think—when the gentleman turned it was two minutes to six o'clock, and it was about two minutes after six that I took the prisoner.
(Alfred Johnson, carpenter and joiner, King-street, Snow-hill; and Wells, carpenter, White Horse-alley; gave the prisoner a good character.)
GUILTY . Aged 22.— Transported for Ten Years.
EDWARD RUFF . I am a mapmounter, Jiving in Brook-street, Lambeth. On the 20th of March I was in Fleet-street, and I missed my handkerchief—I was using it in Cornhill and Cheapside—I missed it as soon as I got to Fleet-street—I do not think I could drop it—I had left home about one o'clock in the day.
Prisoner's Defence. On the 20th of March I went to Field-lane to buy a handkerchief—I looked out two white ones, one silk and the other cambric; and the name being on the corner of one, he said I should have the two for 3s. it is the third shop from Holborn; I am in the habit of buying in Field-lane.
NOT GUILTY .
1026. HENRY ROSE and WILLIAM WHITE were indicted for stealing, on the 27th of March, 8 bushels of chaff, oats, beans, and bran, value 16s., the goods of John Tennant and others, masters of the said Henry Rose.
MR. BALLANTINE conducted the Prosecution.
HENRY BROCKWELL . I am a private watchman in the service of Hutchinson and Co., in Old Swan-lane. At half-past five o'clock in the morning of the 27th of March, White drove a cart down the lane, and asked if I had seen Harry, meaning Rose—I said I had not, it was very seldom that I did—he said he was going to wait there for a load of dung, and he would wait a little time; if Harry did not come he should go over to the Borough and get another load—White took a sack off the shafts of the cart, put the corn out of the sack, put it into two nose-bags, and placed it on the
horses' heads—there were some empty sacks there, but none full—I left White asleep in the cart.
Cross-examined by MR. PAYNE. Q. Where is Swan-lane? A. In Upper Thames-street—I believe the prosecutors have a wharf on the other side of the water.
DAVID OWEN . I am a jobbing-man about the wharf, and live in Friars-alley, Upper Thames-street. On Saturday morning, the 27th of February, about half-past seven o'clock, I was at the Swan-wharf—I saw both the prisoners loading the cart on Tennant's-wharf—after they had done that, White drove it off—I cannot tell whether it was empty before, as I was not there at the commencement—something attracted my attention—after it was driven away White left it, and went into a public-house—I pot my hand under the dung, and there were two bags—I went and found the policeman—he came up with me—he thrust his hand into the sack, and took out a handful and looked at it—he went into the public-house, and White came out with him,
Cross-examined. Q. You have no regular employment? A. No—I have jobbed for Mr. Tennant eight or nine years—both the prisoners were with the can when it went away.
JOHN BAKER (City police-constable, No. 466.) My attention was directed by Owen to the cart—I went into the public-house, and found White—I asked him about the sacks that I had seen before—he said he brought them up from Mr. Nichols's wharf, Bermondsey, for the feed of his horses for the day—I desired him to go to the wharf with me—Rose followed him—he had not heard what White said—Rose said, "Policeman, it is all right; the chaff he has got in his cart is all right; the chaff he has got is only sweepings from under the manger, and my master has authorized me to give it away"—I did not know White at all—he said he was in the employ of Nichols, a market-gardener, at Bermondsey—there was the name of Nichols on the cart—I went back to the cart, and found three sacks, and have got a sample—there were two horses.
Cross-examined. Q. White went quietly to Mr. Tennant's? A. Yes.—I did not see where he came from—he said they were Mr. Nichol's horses, they were not Mr. Tennant's.
GEORGE BROWN . I am one of the firm of John Tennant and sons, in Upper Thames-street. Rose was in our employ, and had been six months—we keep two horses, which are supplied to us by James Besant, and harness and fodder for them—the prisoners had no authority to take any of the food.
JAMES BESANT . I supply Messrs. Tennant with horses, harness, and fodder, by the year—I have examined the sample of food produced, it is similar to what I supply for Messrs. Tennant's horses; it is a very particular mixture, part of it is tare-hay, and a portion of burnt-hay cut into it—I have had a portion shown to me brought from the loft, I find that they exactly correspond.
Cross-examined. Q. How many other persons feed their horses with the same stuff? A. Not one, I should think—it is very unlikely, I have distributed it over London.
WILLIAM HAWKINS . I am horse-keeper to Mr. Besant. On the 26th of March I supplied six sacks of food for his two horses in Swan-lane, it was to last them the week—I have seen this sample—I give the same account of it as Mr. Besant—I have examined the quantity left on the
premises—there were about three sacks left—I delivered six sacks to Rose.
Cross-examined. Q. Do you mean to swear that this is the same sort of stuff? A. It is the same sort as I took down there.
Roses Defence. For the last three weeks it had been mouldy in the loft; on Friday I had nothing to do, I cleared the bin out, and swept this up; I told him there was such a quantity up-stairs; he said he would pot it into sacks; we went up, and put it into sacks; I did not mean to make any thing of it.
(Rose received a good character.)
ROSE— GUILTY . Aged 27.
WHITE— GUILTY . Aged 25.
Confined Six Months.
1027. SARAH ANN COOPPER was indicted for stealing, on the 20th of March, 1 loaf of bread, value 8d.; and 5 biscuits, value 5d.; the goods of Benjamin Verge, her master: and WILLIAM COOPER , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
GEORGE JOSEPH FORD . I live in Field-lane, Holborn. On that Saturday night, about ten o'clock, I was in Shoe-lane, I saw Sarah meet William at the corner of Shoe-lane, they went up a dark passage, Sarah put her hands under her clothes in her pocket-hole—I walked past, they crossed over the road, and went up a passage higher up—I saw her pot her hands under her petticoats—she stooped down, and pulled this bag from under her legs, and gave it to William—I followed them down till Sarah went into a public-house to get the beer for supper—they parted—I followed William Cooper, and brought him back, with the bag containing the bread and the biscuits.
Cross-examined by MR. PAYNE. Q. What shop do you keep? A. A boot and shoe shop—I was requested by Mr. Verge to follow his servant—I will swear there were never any handkerchiefs for sale in my shop.
NOT GUILTY .
1028. SARAH ANN COOPER was again indicted for stealing, on the 16th of March, 1 cake, value 2s. 6d.; 3 yards of ribbon, value 1s. 6d.; part of an ear-ring, value 1s. 6d.; I bolster-case, value 6d.; 49 pence, 173 halfpence, and 3 farthings; the property of Benjamin Verge, her master.
GEORGE HOWARD (City police-constable, No. 245.) I was sent for, and examined the prisoner's box—she claimed it as hers—the 5s. were tied up in this paper—we undid it, and it corresponds with the other portion of a newspaper—I found these two pieces of ribbon, and this part of an ear-ring—I did not say any thing to her—I found this key in her box.
BENJAMIN VERGE . These coppers are mine, and this ribbon—the bag these coppers are in corresponds with a bag I had some farthings in—I have several bags of this description—this is the bolster-case—there is a deficiency in my money—I had 5s. worth of halfpence wrapped up in this paper—I have a nephew that sends me the "Salisbury and Manchester Journal"—I cut one into twelve parts, and the following day I opened them, and found eleven pieces, the twelfth was missing, and the coppers were wrapped up in it by me—I had not paid any away.
Prisoner. I had the halfpence before I went to the place; the paper I picked up in the parlour, and tied them up in it. Witness. On the 16th I tied up 11l. of coppers, I locked them up in a cupboard—this key does not fit that cupboard, but it fits a cellaret of mine up-stairs—I do not know how any body got to the cupboard—the key was generally in my wife's pocket, or mine.
ANN VERGE . These ribbons and ear-ring are mine—the key of the cupboard was in my pocket, and when I went to bed I put it under my bead—I have lost one of the bundles of coppers—I cannot say exactly bow many there were—the lock was not broken in any way—we found it open twice after we had locked it.
Prisoner's Defence. I never touched the cupboard.
GUILTY . Aged 19.— Confined Six Months.
1029. RICHMOND LEWIS was indicted for stealing, on the 1st of March, 1 bag, value 3s.; 1 pair of trowsers, value 1l.; 3 pairs of boots, value 2l.; the goods of Augustus Toulmin: and 3 boots, value 30s., the goods of Daniel Percival: and 1 sugar-basin, value 3s.; 1 wine-glass, value 8d.; and 1 mustard-pot, value 2s.; the goods of Sophia Kincaid; to which he pleaded
GUILTY .— Confined Three Months.
GUILTY .— Confined Two Days.
SUSANNAH IRELAND . I am between ten and eleven years old. I am niece to Mrs. Turner. On the 13th of February I went to Mr. Halbert's pawn-shop, with three half-crowns, a four-penny piece, and a half-sovereign—the prisoner came into the. pawn-shop, and looked over me, and asked me, was my mother there?—I said "No"—I did not knew her before—then she asked me to go out with her—when I got to the door, she said she was going to get her husband's hat out, and as soon as she got to the corner of Harp-alley, she asked me to let her wrap my money up—she said she had something to say to my mother—she gave me a bit of paper—I was wrapping it up, and she said she would wrap it up for me—she wrapped it up, put it in a silk purse, and put it in my bosom—I am sure I had wrapped up the half-sovereign and three half-crowns—when she took the paper from me, she told me to go and give up my tickets to Mr. Halbert, and wait till she came—she went away—I took out the bit of paper from my bosom, and there was no thing but two penny pieces in it—I thought she had put the other money in it—she saw me looking at it, and ran off—I am sure she is the woman—I saw her again three weeks ago at the station, at Smithfield—I knew her directly.
Prisoner. It is false—I never set eyes on you till you came to the station, and I heard the woman say to you, "Say that is her."
Witness. Directly I saw you, I knew you were the person.
SUSAN TURNER . I am the wife of Jeffery Turner, of Union-court, Holborn, I sent Ireland to the pawn-shop, and gave her three half-crowns, a half-sovereign, and a four-penny piece—I never saw her again
till Sunday afternoon—a policeman met her screaming, and she went home to her mother—the prisoner was pointed out to me four weeks after by Mrs. Matthews—the prisoner saw her do it—she got up and ran across to another house.
JOHANNAH MATTHEWS . I am the wife of Joel Matthews, and live in Robin Hood-court, Shoe-lane. On this Saturday, I went to Mr. Halbert's pawn-shop—I saw the prisoner talking to Ireland, and a little boy that she had with her—they went out, and shortly after I saw them in Harp-alley—I heard the prisoner say to Ireland, "Give me the money, and I will give the things to your aunt"—I saw the child reach her hand to the prisoner, who took some money, but what I cannot say—I heard nothing of the robbery till the Thursday after, when I met Mrs. Turner—I am sure the prisoner is the person—I never saw her before—I after-wards saw her in Plumtree-court—I pointed her out to Mrs. Turner, and she ran away into a house—I sent for the policeman) who got her out.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Six Months.
1032. SAMUEL AYRES was indicted for stealing, on the 25th of March, 3 1/2 bushels of oats, value 10s.; and 1 sack, value 1s.; the goods of William Larman: and JAMES EDWARDS , for feloniously inciting and procuring him to commit the said felony.
Cross-examined by MR. PHILLIPS. Q. Did you not tell Edwards if he would tell you the truth you would forgive him? A. Yes.
HENRY HAYES (police-constable N 342.) About half-past three o'clock in the morning of the 25th of March, I saw Ayres in the prosecutor's yard with a sack of oats on his shoulder—directly he heard me, he threw them down, and made off—I followed, but fell, and lost sight of him for about ten minutes—when I got to Mr. Hay lock's stable, he was in the act of fetching water for his horses—he threw this sack down—I saw Edwards when he came to work at six o'clock—I believe he had seen the prosecutor before that.
Cross-examined by MR. PAYNE. Q. How many persons do you think there were at the place when you saw him with the sack? A. I thought there were three by the noise they made in going through the hedge—it was starlight—Ayres was within twenty yards of me—I did not speak to him—I knew him before—I am certain he is the person.
RICHARD SINCLAIR (police-constable N 321.) At half-past two o'clock, on the morning of the 25th, I was passing the place, and saw Ayres, who appeared to be watching me—when I looked round, he appeared to shun me—I made my way across towards the gate—he came out, and said "Good morning"—he was about a quarter of a mile from Larman's.
NOT GUILTY .
HENRY WILSON . I live in Union-place, Lower-road, Islington. About three o'clock in the afternoon of the 7th of March, I was in the Lower-road—there was a disturbance—I felt a person's hand in my pocket, taking
my handkerchief—my coat flew open, and I observed a hand conveying my handkerchief away—I turned, and saw the prisoner conveying it sway—I seized, and gave him to the police—this is the handkerchief.
Prisoner. I picked it up in the road. Witness. I found his hand under my coat, conveying it away.
Prisoner's Defence. I was passing the Thatched-house, and there were a quantity of persons running—I ran and picked this up—the prosecutor came up and said it was his.
GUILTY . Aged 28.— Confined Two Months.
WILLIAM CHILDS . I keep a fruiterer's-shop in Trinity-square. About eight o'clock, on the evening of the 16th of March, I was returning home, and met the prisoner in the custody of a policeman, with twenty-three of my birch-brooms, which I had left at my door—I told him they were mine—he said they were not, he had brought them from Ratcliffe-highway—then he said he had brought them from St. Katherine's Docks—this is the string I tied them up by—he said, "I hope you won't hurt me"—it was the second bundle that I had lost that week.
JAMES TUGELL (City police-constable, No. 314.) I met the prisoner in Barking churchyard—he passed me, and went to Seething-lane, into a coal-shed, and asked a boy if he would allow him to leave the broom there till morning—became out—I took him and the brooms—I asked where he got them—he said from St. Katherine's Docks; then, that he brought them from Ratcliff-highway.
Prisoner. I was very much in liquor. Witness. No, he was not.
GUILTY . Aged 27.— Confined Two Months.
HENRY BRAND . I live in Upper East Smithfield. Between eight and nine o'clock in the evening of the 21st of March, I was in the Minories—I received information from a friend—I felt in my pocket, and my handkerchief was gone—I had used it a quarter of an hour before—I did not see the prisoner before.
ROBERT CROPLEY . I was in the Minories—I saw the prisoner come behind the prosecutor, lift up his coat-tail, and draw the handkerchief out with the same hand—I hallooed, "Stop thief"—he ran away—he was taken—the handkerchief was not found on him—I am sure he is the person who took it.
Prisoner's Defence. I heard a cry of "Stop thief," and was running after the person—the policeman stopped me in turning the corner.
GUILTY . Aged 18.— Transported for Ten Years.
THOMAS FARRELL . I live in Bear-street, Lincoln's Inn-fields. About eleven o'clock in the morning of the 17th of March, I was in Cornhill—I got to a print-shop, and I felt a tug at my pocket—I turned, and saw the prisoner moving to another part of the window—I immediately went up to him, and accused him of stealing my handkerchief—he denied it strongly—I said I should give him into custody—he pulled the handkerchief out of his trowsers'-pocket, and gave it to me—the officer came up and took him,
Prisoner. He accused another man first. Witness. There was a con-federate of his—he moved off—I should have taken him if another person had had the prisoner.
GUILTY. Aged 18.—Recommended to mercy. — Confined Six Months.
ELIZABETH EDWARDS . I am servant to Mr. Howell, of Gracechurch-street. About eight o'clock at night, on the 27th of March, I was in Aldersgate-street—a policeman touched my shoulder, and asked if I was robbed—I looked, and found a penny-piece and four halfpence were gone—the penny was marked—I knew it again—I had a fourpennypiece, some keys, and a pocket-handkerchief; they were left—the penny has a mark on it—I kept it for a curiosity.
Prisoner. Q. Did you mark it yourself? A. No.
JOSEPH HEDINGTON (City police-constable, No. 218.) I was going towards Goswell-street—I saw the prisoner following the two females—there were two men behind him with an umbrella, screening him—I looked under the umbrella, and saw the prisoner had got the prosecutrix's dress up with his right hand, and his left in her pocket—I saw him take his left-hand out, and put it into his own pocket—I went and told her she had been robbed—she said she had not—I told her to feel—she felt, and said she had been robbed of 3d., and one penny-piece was marked—I took the prisoner, and found two half-crowns, and this penny, and four halfpence on him—when I took him, one of the others struck at me—the prisoner offered me 1l. or 2l. to make it as easy as I could for him, as his friends were respectable.
GUILTY . Aged 22.— Confined Nine Months.
THOMAS SMITH . I am a silk-man, living in the Poultry. Between four and five o'clock, on the 30th of December, a person came to my house, and asked to look at some bandannas for shipping—he said Coats and Co., of Bread-street, would pay for them—he requested that four pieces, which he selected, might be sent to Coats and Co., for their decision—I directed a young man to go with them—I cannot swear that the prisoner is the man, he is so much altered—I have one partner.
Cross-examined by MR. PHILLIPS. Q. How long after four o'clock was
it? A. About half-past—Mr. Coats's warehouse is in Bread-street, be-tween two and three hundred yards from my house.
ROBERT MILNE . I am in the employ of Thomas Smith. I was present between four and six o'clock when the prisoner came there—I am sure he is the man—in the meantime Parker was gone with the handkerchiefs—the prisoner returned to the warehouse, and asked me to show him the best lot of bandannas that Mr. Smith had been showing him—I showed it him—he said he wanted to take a piece to show—I let him have one piece, which consisted of seven handkerchiefs—he went away with it—in about two minutes he returned and said, "I should like to take that piece of the best goods"—I showed him several, and he said, "Never mind, I won't take it"—he went away with the one piece.
Cross-examined. Q. Was he in the shop when the porter was sent? A. Not when the porter left—the porter had been gone about five minutes, when the prisoner came back, and remained in the shop three minutes—he looked at several pieces—he did not stay more than one minute—he was not a customer of ours, that I am aware of—I had seen him in the shop the previous afternoon—he was dressed in a black frock coat—I am sure of that—I cannot say what coloured handkerchief he had about his neck—Richard Parker is not here—my brother and Richard Parker were in the shop, and Mr. Smith.
COURT. Q. Are you sure be is the man? A. I am quite certain.
THOMAS REYNARDSON . I come from Messrs. Coats and Co.—I know the prisoner. On the 30th of December, he had no authority from me to go to Mr. Smith's—he was brought to me that evening—the porter came to me with some bandannas—I did not authorize the prisoner to go—Barker brought him between six and seven o'clock.
Cross-examined. Q. Was it not after the prisoner was brought to your house by the policeman that the porter came? A. Yes, it is not more than five minutes' walk from our house to the shop of Mr. Smith—the prisoner had no bandannas about him when he was brought to our place.
JAMES BARKER (City police-constable, No. 449.) On the 30th of December, I saw the prisoner go up Mr. Coats's stairs, as if he was afraid of some one hearing him—he came down in the same manner—I asked him his business—he said that was nothing to me—I said, "You shall not go without my knowing"—he said he wished to see Mr. Coats—I said, "You had not time to speak to any one."
Cross-examined. Q. Was it not about three minutes after that Mr. Smith's shopman came with the handkerchiefs? A. Yes.
Cross-examined. Q. Did he not express his readiness to go and have any charge cleared up? A. Yes, till he got to the station.
NOT GUILTY .
1039. EDWARD O'BRIEN was indicted for stealing, on the 17th of March, 21lbs. weight of lead, value 5s. 3d., the goods of William Johnson, his master, and fixed to a building; and MARY CLARK , for feloniously receiving the same, well knowing it to have been stolen; against the Statute &c.; and that O'Brien had been before convicted of felony.
Fleet-street—O'Brien was in his employ. On the 17th of March, he was at work for Mr. Johnson—the policeman brought the prisoner to me—I went into the upper-floor—the lead was produced and fitted to the front of the gutter—one piece corresponded—it belonged to Mr. Johnson.
Cross-examined by MR. PHILLIPS. Q. Was Mr. Johnson dwelling there? A. No, it is not a house, it is a printing-office—he was then in possession of it—he left it on the 25th of March.
HARRIET M'DONNEL . I live in Wine Office-court. About four o'clock on Wednesday, the 17th of March, I saw O'Brien lying outside a shed sawing a leaden water-spout belonging to Mr. Johnson—he got in at a window, went up to the top of the house, put his arm out of the window, and pulled the lead out of the gutter, took the saw and sawed it, doubled the lead against the wall, and put it under his apron, he then went down and went across Cough-square—I followed him to John son's-court, where Clark lives—he went in there, took the lead from under his apron, and laid it on the bench—I got a policeman—O'Brien was then gone—he went and took him at Mr. Johnson's.
HENRY MORRIS (City police-constable, No. 323.) I was sent for, and took O'Brien at his master's—I went to Johnson's-court, where Clark lives—I took O'Brien with me—I asked her for the lead the boy had brought there—she said no boy had brought any lead there—I looked about the shop—I could not see any—I did not wait any longer—I took O'Brien to Wine Office-court again—I took him to Clark's again, and there she stood still, till the boy cried and said, "Give it him"—she said, "What?"—he said, "The lead I brought here"—she said, "Are you the boy that brought the lead?"—he said, "Yes"—she took several pieces of lead out of the basket before she came to the piece that fitted—I took that, and it fitted one end; while we were there, O'Brien said there was another piece—I took him back to Clark's for the other piece, and she produced the other piece—there were a great many people round the door—they rushed in, and O'Brien made his escape.
Cross-examined by MR. CLARKSON. Q. Is Clark married? A. Yes.
O'BRIEN— GUILTY. Aged 15.—Recommended to mercy by the Prosecutor. — Transported for Seven Years—Prison Ship.
CLARK— NOT GUILTY .
OLD COURT.—Wednesday, April 7th, 1841.
Third Jury, before Mr. Recorder.
1040. ANN CONNELL was indicted for unlawfully, maliciously, and feloniously assaulting James Collins, on the 31st of March, and stabbing and wounding him in and upon the left side of the face and left cheek, with intent to do him some grievous bodily harm.
JAMES COLLINS . I am a milkman, and live in Brownlow-mews, Grays Inn-lane. On Wednesday night, the 31st of March, between eleven and twelve o'clock, I was in Drury-lane—the prisoner and another came up
and asked me to treat them with a drop of gin—we went into a public-house, and called for a quartern of gin, which I paid for—the prisoner asked me to take a walk home with her, and took me to King-street, Drury-lane—I went up stairs with her, into the second-floor room—she said it was her own room—I did not agree to give her any thing—she locked the door, locked me in, and requested me to stop the whole night, and give her half-a-crown—I gave her 6d., and objected to give her half-a-crown—she said I should not go out of the room till I had given her half-a-crown—I demanded her to open the door, and let me out—she swore I should not go out till I had given her half-a-crown, using very bad language—the then drew a knife, and said, "You b—, you shall not go out of the room till you give me half-a-crown; and with this knife I will let your b—entrails out"—she then made three or four fences with the knife to-wards my stomach and body, but I kept her off—I pushed her away from me, and went and threw up the window and called the police (this was before twelve o'clock) in returning from the window, she jobbed the knife into my face, but how I could not see—I was not aware that she was coming to me again—it was purposely done—it was a very bad cut in my left cheek bone—I bled a good deal—she immediately turned up the table, tore off the leg of it, and beat me severely about the arm and head, and wherever she could—I saw a policeman come up to the window, I called him, and she opened the door as he was coming up stairs—I then went with the policeman to Bow-street, and then to the public-house, and got my face washed and dressed—I have had no surgeon to it—it is not well yet.
Prisoner. I met him in Long-acre, instead of Drury-lane—he stabbed himself, in felling on it as he got out of bed—he refused to give me any money, and broke several things in my place; and said, if I did not let him out, he would break every thing—I never had the knife at all. Wit-ness. On my oath she had—I never got into the bed, nor yet on it.
EMANUEL FELSTEAD (police-constable F 80.) I was on duty in King-street, Drury-lane, between eleven and twelve o'clock, on the 81st of March—I heard an alarm of "Police," and went to No. 12, King-street—I looked up, and saw a man looking out, bleeding very much from the face—I immediately went up stairs—I heard the door unlocked as I went op, and as I entered the room I saw the prisoner throw the knife out of her hand on the table—the prosecutor was standing in the middle of the room—I saw him pull the leg of the table out of her hand, as I entered the room—he was bleeding very much from the face, and said she had stabbed him with the knife—there was blood on the knife and table-leg—they were both quite wet at the time—the prosecutor was sober.
Prisoners Defence. I did not touch him with the knife; he struck and kicked me several times in the bed, and said he would choak me if * * *—he then said he would see me d—d before he would give me any money.
James Collins. I did not strike or kick her at all.
GUILTY . Aged 24.— Transported for Fifteen Years.
Before Mr. Justice Patteson.
1041. JOHN EVANS was indicted for feloniously forging and uttering, on the 20th of February, 1 5l. note, with intent to defraud the Governor of the Bank of England.—2 other COUNTS, stating his intent to be to defraud Charles Button Dixon.
SIR FREDERICK POLLOCK, MR. ADOLPHUS, and MR. BULLOCK, conducted the Prosecution.
HENRY HEDGES . I am a boot and shoemaker, and live in Wells-row, Islington. About eleven o'clock, on the evening of the 20th of February, I was in my shop—a person very much resembling the prisoner came in—I believe him to be the same—he asked for a pair of Wellington boots, and agreed to give 20s. for a pair, and offered me a 5l. note—the one now produced is the note, for I wrote on it the name and address he gave me, "Davis, 22, Holloway-place"—I wrote that from his mouth, as the direction he gave, and added my initials, "H. H." to it at the same time—I went out to a neighbour to get change; and in consequence of what the neighbour said, I returned to my shop, and told the prisoner I could not get change for the note—I did not say why, and asked if he had a sovereign in his pocket—he said he had not, but he had 15s., which he gave me—I told him, he had better give me the 15s., and pay the remainder when the boots 'were sent home—he agreed to that, and did so—I returned him his note, and he left the shop—I went with the boots to the direction he gave—the people, I suppose, were all gone to bed—I rang three or four times, but nobody answered—I did not see him again.
Cross-examined by MR. PHILLIPS. Q. Who else was in your shop? A. My wife—nobody else—I suspected the note was forged when I returned it to him, but gave him no intimation of it—it was about eleven o'clock at night—I never saw a Bank of England note like this—it would not impose on me.
MR. ADOLPHUS. Q. Perhaps tradesmen are in a hurry on Saturday night, and fatigued? A. Yes—I told the prisoner I would go and get change, but it was not my intention to do so.
ELIZABETH HEDGES . I am the wile of the last witness. I should not like to swear to the prisoner, but I am pretty sure he is the same person who came on Saturday night, the 20th of February—he was rather fatter in the face, I think, then than now—I saw him again next morning, Sunday—he came to the private door, and knocked—I went to the door—my husband was in bed—it was rather before nine o'clock—he said, "Your husband has not sent my boots"—I said, "My husband took them last night to No. 22, Holloway-place"—he said that was not the place; it was No. 22, some other place, very much like the same sound which he named, but I cannot say what it was—I asked him twice over, but then I could not understand what place it was—I went in, got the boots, brought them to him in the private passage, and gave them to him—he said, he did not much like carrying them along on the Sunday—I asked him if we should send them—he said, "No, thank you, I am going home this morning, I will take them"—he gave me two half-crowns, put the boots in his handkerchief, and took them away.
CHARLES SUTTON DIXON . I am a boot and shoemaker, in Lowndes-place, Hoiloway-road. On the 20th of February, about half-past eleven o'clock at night, the prisoner came to my shop, and asked for a pair of Wellington-boots—I said, "I don't keep Wellingtons, but I keep Clarence," which I showed him—he tried them on, fixed on a pair at 10s. 6d., and tendered me this piece of paper in payment—I know it, by the writing at the back, "J. Monteith, 7, Brunswick-grove," which he wrote on it in consequence of my asking for his name and direction—it had, "Davis 22, Holloway-place, H. H." on it at that time—I took the note up
stairs, got change out of my cash-box, and gave him 4l. 9s. 6d.—he went away, and took the boot and money—he returned in about seven or ten minutes for his umbrella—I was rather busy that night—I did not look much at the note, as I had two persons in the shop waiting for goods—on Tuesday morning I went to No. 7, Brunswick-grove, but could not find any such person there—I afterwards saw the prisoner in custody, and recognised him as the person who gave me the note.
Cross-examined. Q. You have been in the habit of seeing Bank of England notes? A. I have in the course of my life, but not many in my business—if I had had time to look at it, I should not have taken it for a genuine note, but I was hurried, and did not look at it particularly—it is not like any bank-note I ever saw.
SIR FREDERICK POLLOCK . Q. What do mean by not being. like? A. It is not like a 5l. note, when I come to look at it—I took it for one, and gave change—when I came to look at it, I saw at once it was not genuine.
SCIPIO FINCH (police-constable B 90.) On the evening of the 20th of March I went to Mr. Trott's house at Nunhead, and found the prisoner there—I took him into custody, and told him I took him for passing to Mr. Trott a bad 5l. note—I took him to the station, and found these two 5l. notes on him—here are the marks I made up them—I found them between his thigh and his trowsers—he had previously told me he had no more notes, only the one he gave Mr. Trott—he had put his hand down to his boot, and said it hurt him.
JOSHUA FREEMAN . I am inspector of notes to the Bank of England. This paper is a gross imitation of a Bank of England note—it is forged in every respect, paper, watermark, signature, and all—these other two are I also forged in all respects—it has all the words and form of a banknote—the numbers and the name of the cashier is omitted—all the three have the same signature.
Cross-examined. Q. There is paper and ink in it, as there is in a bank-note? A. Yes, and writing, and a little printing—I should certainly not take it for a note, it is a very bad imitation—the ink has gone through the paper—the paper is not a bit like that which we have for bank-notes—this is not like a banknote—part of it appears to be written.
SIR FREDERICK POLLOCK . Q. Has it the form of a note? A. Yes, it has the imitation of what is found usually on a 5l. Bank of England note, and it has a very fair imitation of one of our cashier's writing, Zachariah twins—I do not see any part omitted that is to be found in a bank-note—I have no doubt of its being an imitation of a bank-note.
GUILTY .— Transported for Life.
(There were two other indictments against the prisoner.)
1042. JULIA WARD was indicted for stealing, on the 10th of February, at St. Giles-in-the-Fields, I box, value 3s.; 12 spoons, value 3l. 10s.; 1 watch-key, value 4s.; 1 ring, value 3s.; 5 sovereigns, 2 half-sovereigns, 3 half-crowns, 2 shillings, and 1 sixpence: the property of John Denker, her master, in his dwelling-house.
JOHN DENKER . I am a publican, and live in King-street, Seven-dials, in the parish of St. Giles-in-the-Fields. The prisoner was my servant of all work, for about two years, at different times—she had left once or twice—she had been with us about nine months this last time. On the 10th of February she left without notice—seven or eight hours after she
was gone, in consequence of information, I searched, and missed a tea-caddy from the bar-parlour, containing about 7l. in gold and silver, eleven silver spoons, my licences, and other trifling things—I had seen the box about nine o'clock that morning—it was locked, and I had the key—about eight hours after the prisoner had left, I went to the house of Gallagher, a labourer, in the same street, and saw the prisoner there, also my caddy, with all its contents, except about 30s. or 2l., which was gone—I told her she had got herself into a pretty mess—she said she knew it, she knew she had done wrong, and she would suffer for it, but she was persuaded by others—I had made her no promise or threat—I brought her down stairs, and gave her into custody.
MARGARET GALLAGHER . I live in Nottingham-court, King-street, St. Giles's, I know the prisoner. On the morning of the 10th of February I saw her in our court, she went into my house—I followed her in—I did not see any thing with her then—she asked me if Bill had been there that morning—I said, "No," she could go and see—Bill is my brother, William Collins—he does not live in the house—my husband went out to call him, and while he was gone, the prisoner asked me if I had a knife—I said, "Yes"—I got her one, and she forced the caddy open with it—she had got it under her arm—I did not see it before—I saw silver spoons and money in it, but I do not know how much—I asked if it be-longed to her mother, she said, "No"—I asked who else—she made no answer—I said then, "Does it belong to your mistress?"—she said, "Yes"—I said, "My God, girl, what courage you have!"—she said she was a fool that she did not have courage when she had a better opportunity, for she once counted twenty sovereigns in the box—I was very much surprised at her—she took the things out, wrapped them in a hand-kerchief, and put them into her bosom—she left the box in my room—my husband and brother then came in—she said to my brother, "I want to speak to you," and they both went out together—I told my husband what I had seen—the prisoner came back alone—I said I was sorry for her, and the best thing she could do was to send for her master and mistress, and give herself up to them, and if she liked I would go and call her mistress—she said she did not know what she was to do—we both persuaded her, and at last she consented—my husband went and fetched Mr. Denker, who saw the box—it was given to the policeman.
JOSEPH GALLAGHER . The prisoner came to my house—I went and fetched Bill, and he and the prisoner went out together—when she came back I said, "This is a bad job you have done for yourself "—she said, "Yes"—I said, "The best thing you can do is to go and give yourself up to your master, there is nothing else to save you"—she said, "How can I do that? there is part of the property gone"—I said, "Nothing but that can save you; if you are taken you are sure to be transported"—she said, "I have lost my character and my place, and I may as well be transported as not"—she at last consented to send for her master, and return the things to him, and I fetched her master.
Prisoner. I first proposed to send for my master, and he said yes I had better. Witness. No, I proposed it, and she agreed to it.
Prisoner. I said William had taken a sovereign of the money; 33s. was owing to me by my master, and I did not require any of that back. Witness. She did say that.
JOHN DENKER re-examined. This is my caddy—here is 5l. in it—2l. is missing—I think some wages were due to the prisoner, bat I do not know how much—her wages would be due before the 25th of March—I always considered her very honest up to this transaction, and am satisfied she has been persuaded to it by some young man she kept company with.
Prisoners Defence. William Collins seduced me away from my situation, and also induced me to tike my master's property; he took my clothes to his sister's before I left my place—the day I took the property I went to his sister's, and she forced the box open herself; her husband had about 8s. of the money, and William Collins had a sovereign.
(The prisoner received a good character.)
GUILTY. Aged 18.—Recommended to mercy by the Jury and the Prosecutor. — Confined Eighteen Months.
1043. GEORGE NEAL was indicted for burglariously breaking and entering the dwelling-house of William Woodthorpe Williams, on the 1st of March, at St. Matthew, Bethnal-green, about the hour of three in the night, with intent to steal, and stealing therein, 2 shawls, value 2l.; 1 scarf, value 2s.; 4 sovereigns, 1 half-sovereign, 2 half-crowns, and 1 shilling; the property of Charlotte Newey: 2 pairs of boots, value 17s.; the coat, value 3l.; 3 hats, value 1l. 10s.; and 25 spoons, value 17s.; the goods of the said William Woodthorpe Williams; and that he had been before convicted of felony.
MR. BODKIN conducted the Prosecution.
CHARLOTTE NEWEY . I am a widow, and am in the service of Mr. Williams, No. 5, Durham-place West, Hackney-road. On Tuesday morn-ing, the 2nd of March, I went down into the kitchen, about half-past six o'clock, and found the kitchen window-shutters unfastened, which I had left fastened the night before—the door leading from the pantry to the kitchen was open, and I found a hole in the partition which divides the pantry from an out-house in the yard, large enough to admit the person of a man—it had been made since the night before—I missed from my box two shawls, a scarf, four sovereigns, one half-sovereign, two half-crowns, one shilling, and some halfpence, which had been safe the night before when I went to bed. I directly alarmed my master, who missed his property.
WILLIAM WOODTHORPE WILLIAMS . I am a silk manufacturer, and live in Durham-place, Hackney-road. On the morning of the 2nd of March I was alarmed by my daughter—I went down, and observed the hole io the partition, which made a communication with the back-yard—I missed articles of my own, and among other things a pair of Wellington hoots—I went to the stable at the back of the house, and found the gate had been forced open, which would admit a person into the yard—the prisoner worked for me, about a year and a half ago, for nine months—he was not an in-door servant, but was employed in the manufactory—he often came to the warehouse, at the back of my house, for materials, and perfectly knew every part of the house, particularly the back part—the hoots, now produced, are mine, they were made by Barker, and were in the house on the night in question—I know them by having had the heels lowered, owing to breaking the cap of my knee about five years since, as they were so high I could not walk in them; I also know them by their having cork soles—I am able to swear they are my boots.
Prisoner. He could not swear to them at first Witness. I deny that; I swore positively to them before the Magistrate, without the least hesitation.
JAMES ENGLAND . I am in the prosecutor's service, and have been in the habit of cleaning his boots for a twelvemonth—I know these to be his; I cleaned them on the 1st of March, and put them on a box in the back kitchen—I saw them there at eight o'clock in the evening, when I went home.
WILLIAM CLAY . I am a policeman. I was called into the prosecutor's house, on Tuesday morning, the 2nd of March, about eleven o'clock—I found the premises as described—I found these bottoms of a pair of shoes in the stable, and the tops cut to pieces—I compared one of the bottoms with some marks in the garden, and it exactly corresponded—the ground had been newly turned up—to the best of my belief the shoes belong to the prisoner—the fore part of the upper leather of one of them is not completely cut off, I put it on his foot, and it exactly corresponded with his toes—the shape of the toes corresponded—in consequence of information, on Thursday the 4th of March, I went to the house where the prisoner lived, 12, Wolvarley-street, nearly opposite the prosecutor's—I got there about half-past four o'clock in the morning—as soon as I saw the shutters open, about a quarter-past six, I tapped at the door—the prisoner's father opened it—I and Harris walked in—I walked through the front room into the back—the prisoner was in bed with his brother, who is about seventeen years old—I said, "George, I want you"—Harris picked up these Wellington boots in my presence—the prisoner said, "They are my boots "—he dressed himself—I then searched him, and found in his waist-coat pocket 1l. 14s. 3d.—he said he had been putting up 2s. a-week to save it.
JAMES HARRIS . I am a policeman. I went with Clay to the prisoner's house—I found these boots—he said they were his—I asked how long they had been his—he said "Three months"—I asked where he purchased them—he said, "Down the lane"—I asked what he gave for them—he said 3s.—I asked if he could produce the person he purchased them of—he said, "No"—I said I thought I should find another owner for them—I remarked to Clay, in his hearing, that they were exactly like the boots described by Mr. Williams—the prisoner said he had had them three months—I asked what he had done with his old ones—he said he had sold them for 6d. to purchase a pair of half soles with which he had soled these boots—I asked where he soled them—he said, "Here," meaning in his father's house—I asked the mother, who was standing by, if she had seen him half-sole those boots—she said she would not tell a lie about it, she had not—he still persisted in it, that he had half-soled them there.
Prisoner. My father and mother both told him that I did do it in the house. Witness. Certainly not—the mother strictly denied it, and the father said he knew nothing at all about it.
Prisoner's Defence. My mother knows I was at home the night the robbery was committed, and my brother went with me to purchase the soles to put on the boots.
has been out of employ till lately—he has been learning the shoemaking—he told me he was in employ on the 1st of March, learning the shoe-making—he did not carry on any business at home, only once soling a pair of shoes—on Monday night, the 1st of March, I went to bed about nine o'clock—we have six children—the prisoner was the eldest at home—there is only one bed up stairs—my sons slept below—my husband got up next morning about half-past five o'clock—I got up about a quarter past eight o'clock—the prisoner was at home when I went to bed on Monday night—I left him below—he was in bed, and called for the candle—when I came down in the morning he was there, and breakfasted with me—he slept in the back room—the front room opens into the street—there is no passage—I was not up at all during the night—I slept sound—the prisoner did sole a pair of boots at home, but I never saw them.
MR. BODKIN. Q. You remember his being taken on this charge? A. Yes, certainly—he was taken to Worship-street—I went there—the magistrate asked me where my son was on the Monday night—I told him my son had gone out to go to the play, and had been out the whole night, bat that was Tuesday night, not Monday, it was a mistake—it was the 2nd of March he went to the play—his father referred to it as we sat at supper—I knew my son was taken on suspicion of something on Monday night—the policeman did not satisfy me for what—I did not hear the witnesses examined before the Magistrate—I was called in after it was all over.
COURT. Q. What day was it that you were before the Magistrate? A. On the Thursday, the day my son was taken.
THOMAS NEAL . I am the prisoner's brother, and live at home. On Monday, the 1st of March, I slept in the same bed with him—we went to bed together between eight and nine—I got up between seven and eight in the morning—I slept soundly all night—I was not disturbed at all—my brother was in bed when I awoke in the morning—I swear that—he was learning to be a shoemaker—I never saw him working at it but once—he was soleing a pair of top boots—he was very nearly all day about it—I cannot tell what day it was—it was about three months before he was apprehended.
MR. BODKIN. Q. Look at that pair of boots; is that the pair he was soling? A. I think so—I should not like to swear to them—they are what I call top boots—I do not know whether these old shoes are my brother's—I have no knowledge of them—he was wearing boots for a week or so before he was taken—I do not know whether it was these boots—it was like them.
HENRY PRITCHARD . I am a policeman. I produce a certificate of the prisoner's former conviction—(read)—he is the person who was then convicted—I was present at the trial, and was the officer in the case.
GUILTY but not of Burglary. Aged 19.— Transported for Life.
1044. WILLIAM LAYTON and JOHN WILSON were indicted for breaking and entering the dwelling-house of Charles William Aldridge, on the 11th of March, at St. Giles Without, Cripplegate, and stealing therein 6 spoons, value 3s. 6d.; his property: to which
WILSON pleaded GUILTY . Aged 35.— Confined Twelve Months.
CHARLES WILLIAM ALDRIDGE . I am a general hardwareman, and live in Beech-street, Barbican, in the parish of St. Giles Without, Cripplegate. On the evening of the 11th of March, I was in my counting-house at the back
of my shop, about half-past eight o'clock, and heard glass smash—I immediately ran to the door, and met Mr. Simmonds—he pointed to the prisoner Wilson, who stood about five or six yards off—a policeman came up almost at the same moment, and he was taken into custody—Layton was standing along with him, close by his side—he followed Wilson to the station, and was then taken in consequence of what Mr. Simmonds said—he was searched, but nothing found on him of mine.
GEORGE SIMMONDS . I am an engineer. I was passing along Beech-street, about half-past eight o'clock, on the evening of the 11th of March—I saw the two prisoners together, coming in an opposite direction to me—Layton came up and poked his arm through the window, and broke the glass—he did not take any thing out—he went on, and took no notice, but Wilson went up, put his hand into the window, took half-a-dozen spoons out of the window, and put them in his breast—they walked off, and at that moment a policeman happened to turn the corner—I pointed Wilson out the policeman, and to Mr. Aldridge who was at the door—the policeman brought him in.
Layton. I did not walk away, there was a crowd of people assembled directly after—I was standing there the whole time. Witness. There was a crowd collected afterwards—there was nobody there when I saw the window broken, only the prisoners—I saw them talking together, before they came up to me—I was ten or twelve yards from them when I first saw them—they passed me, and I saw their countenances—I was within a foot and a half of them—it was dark, but there were gas-lights—I had never seen them before—I am quite sure Layton it the person that broke the window.
JOHN MARK BULL (City police-constable, No. 151.) I took charge of Wilson, two or three feet from Mr. Aldridge's shop—there was a crowd—I took the spoons from him—they were up his coat—I saw Lay ton close by Wilson at the time I apprehended him, and other persons also.
MR. ALDRIDGE re-examined. These spoons are mine, the ticket is on them now—they were hanging in front of the glass—I am quite certain the glass was not broken before.
Layton's Defence. I was returning home, being out in search of work; passing by the prosecutor's shop, I stepped on some orange peel, or some slippery ingredient on the pavement, and my elbow went through the window—I had no money to pay for it—I did not walk away—I know nothing of Wilson.
LAYTON— GUILTY . Aged 22.— Confined Twelve Months.
NOT GUILTY .
Fourth Jury, before Mr. Recorder.
1046. JAMES GOSSON was indicted for breaking and entering the dwelling-house of Peter Barney, on the 25th of February, and stealing therein, 1 time-piece and stand, value 20s.; 1 glass-case, value 10s.; 1 waistcoat, value 1s. 6d.; 1 coat, value 35s.; and 1 shirt, value 8s.; his property.
PETER BARNEY . I lodge in Pear-tree-court, Clerkenwell-close. I have only one room—the landlord does not live in the house—on the 25th of February, about seven o'clock, I left my room—the window and shutters were shut and the door locked, and a dial and stand on the mantel-piece—a person going through the passage into the yard, could
get to the sash window, as the street door is left open for the lodgers—I returned in a quarter of an hour—I found the door as I had locked it, but the shutters and window were open—I missed the dial and glass-case, now produced, which are worth 30s., also a coat, waistcoat, and flannel night-gown—a boy had assisted me to move into that place shortly before—I cannot recognize the prisoner as that person at present—he could not have committed the robbery by himself, the window being five feet eight inches from the ground—he could not have taken the dial alone, in the dark, and after the policemen brought the dial to me, the stairs were like a gallery full of people.
Cross-examined by MR. PHILLIPS. Q. You think there must have been somebody to let him into the house? A. There are a great many boys in the house, but none in my room—after all was tranquil, a boy brought in my waistcoat, which he had picked up in the yard—some of the boys living in the house must have helped to get the thief in.
Q. Are not the boys in the habit constantly of teasing and tormenting you? A. Constantly, and the night before, while I was at prayer in the room, the door was opened, and my umbrella, walking-stick, long pipe, and candlestick, taken out.
GEORGE SWAIN (police-constable G 213.) On the 25th of February, about seven o'clock in the evening, I met the prisoner in Coppice-row, about five hundred yards from the prosecutor's, coming in a direction from it, with this time-piece and case under his arm—he said at the station that he found it on the step of a door in Pear Tree-court.
WILLIAM ASHLIN . I am a plumber, and live in Clerkenwell Close. There have been several robberies committed in this house—the prosecutor came to me on the night in question, and said his house was broken open—I went to the station, and found the prisoner in custody, with the dial—I knew the prisoner before—I bad seen him following the van which brought the prosecutor's goods.
NOT GUILTY .
1047. JANE TEEFFE was indicted for breaking and entering the dwelling-house of John Cooke, on the 30th of March, at St. Matthew, Bethnal-green, and stealing therein, 1 coat, value 2l. 10s.; 2 gowns, value 1l. 11s.; 1 shawl, value 1l.; 1 shift, value 6d.; 1 flannel petticoat, value 6d.; 2 pinafores, value 1s.; 1 waistcoat, value 6s.; 1 shift, value 1s.; 2 frocks, value 1s.; 1 handkerchief, value 1s.; 1 gaiter, value 2d.; and 1 box, value 6d.; his goods.
CHARLOTTE COOKE . I live in York-street, Church-street, Bethnal-green, and am the wife of John Cooke, a tobacco-pipe maker—we have a room on the first floor—the landlord does not live in the house—it is let out in separate tenements. On the 30th of March, about half-past seven o'clock in the evening, I locked the door, put the key into my bosom, shut the street door after me, and went out—I returned at five minutes to eight, and found the street-door open—my room-door was also open—my husband's clothes-box was open, and the clothes all gone—the lid of the box was laying in the middle of the room—I had a light—I thought I heard somebody in the room—I shut the door, and hallooed out—the neighbours came
to my help, but nobody was found—I missed a coat worth 50s., a waistcoat, and other things, a silk dress worth 30s. from another box, a shawl worth 1l., and a brooch worth 1s. 6d.—next morning I found the things at Spitalfields station—they are now here, and are ours—I know nothing of the prisoner.
GEORGE TEAKLE . I am a policeman. On the night in question I was within thirty or forty yards of the prosecutrix's house, and found the prisoner coming down the street, with a bundle containing a coat, silk dress, pinafore, flannel dress, shift, and several other articles—I stopped her, and asked what she had got there—she said, "A coat and dress"—I asked where she was going with it—she said, "To Wheeler-street"—I said, "Where have you brought it from?"—she said, "From Wheeler-street"—I said it was strange she should be taking it to Wheeler-street again—she said, "The fact is, it belongs to a sister of mine"—I said, "Where does she live?"—she pointed up-to a street, and said, "Up the corner," and that the coat had been to be cleaned, it having a velvet collar, and the dress was left to have the body altered; that the coat belonged to her father, and the dress to herself—I asked her name—she said Thompson—I asked her to show me where her sister lived—she said it was of no use, her sister was just gone out—I asked if any body saw her sent out with the bundle—she said, "Yes," but she refused to go with me, and said she lived at No, 15, Wheeler-street—I took her to No. 2, Wheeler-street, and she said that was the house she lived at, and wished to run up stairs to call her mother down, but I would not allow her—I took her to the station—this was about ten minutes to eight o'clock—I found the prosecutrix's room open, and the property strewed about.
GEORGE TREW . I am a policeman. I was with Teakle in plain clothes, and saw the prisoner—she said she had got a coat—Teakle said, "What else?"—she said, "A dress," that she was taking them to Wheeler-street, and had brought them from there; that the velvet collar of the coat had been cleaned, and the dress altered; and she had brought them from her sister, just round the corner—I afterwards went up stairs to her mother, and asked what she had sent her out for; and not being satisfied, we took her to the station—on the way there, she said two men gave her the bundle, and gave her 1s. to carry it to under the railway arch—I asked if she knew the man—she said, "No"—at the station-house a key fell from under her arm—she said the man gave her that also—it would not open the prosecutrix's door.
Prisoner's Defence. I was coming up York-street, and met a very respectable young woman, and two men; the woman looked in my face two or three times; she was looking at a cap-shop window—she said, "Little girl I want to speak to you; will you carry this bundle to the railway, as far as the new public-house?" I said I would go and ask my mother; she said, "Never mind asking your mother, it will be in your road home;" I objected—she said if I would carry it, she would give me something handsome; and if I met any body, to tell them it was my clothes, as somebody might stop me, and want to take them from me; and the young man said, "It will look rather odd. if you are stopped, without you say it is your own things."
GUILTY. Aged 13.— Judgment Respited.
1048. HENRY SANDLAND and JAMES SPARK were indicted for breaking and entering the dwelling-house of John Lambe, on the 4th of March, at St. Martin-in-the-Fields, and stealing therein, 2 bottles, value 4l., his goods.
HENRY LAMBE . I live in Cockspur-street, in the parish of St. Martin-in-the-Fields, and am assistant to my father, John Lambe, who is a dressing-case maker. On the evening of the 4th of March we lost two silver bottles from the window—there was a pane of glass cracked near where they stood—I missed them about five minutes to eight o'clock—I had seen them safe half an hour before.
CHARLES JACKSON (police-constable A 126.) On the 4th of March, in consequence of information, I watched Mr. Lambe's shop, from a little after seven till eight o'clock, when I saw the prisoners come, and patrol in front of the house—they examined the window, and at last Sandland went up, with a bag in his hand, pushed in the glass with his hand, and took these two bottles—as he returned from the window, I immediately secured him—he resisted very much, and Spark immediately went down Spring-gardens—I had seen them together for a quarter of an hour—they were talking together—Sandland threw the bottles down while I struggled with him—Bye picked one up, and gave it to me.
Spark. Q. How can you swear to me? A. I passed him three times that night, and took particular notice of him—I did not apprehend him till the 10th.
Spark. He came into the kitchen where I was, two nights before, and never offered to take me. Witness. I took him at eleven o'clock in the morning, in the second-floor room—I went there from information—I had not been there before—I found some coining implements at Spark's premises.
JAMES BYE . I am a letter-carrier of the General Post-office, and live in Stanhope-street. On the 4th of March, about eight o'clock, I was near Trafalgar-square, which Cock spur-street runs into, and saw Sandland running across the road from Cockspur-street—Jackson stopped him—he immediately threw away the bottles and a bag—I took up the bag, and one bottle, and gave them to Jackson.
Sandland. Q. How many did I throw away? A. I did not see you throw the other away.
MR. LAMBE. These bottles are my father's.
Sandland's Defence. I had been walking about a long time in search of work—a man came up to me in the Park, and said he knew where to get some bottles, and asked me to go and assist him—we went to the shop—he tried to push the window in with his hand, and afterwards went up with a handkerchief round his hand—I was stopping at a distance—he came and pot one bottle into my hand, which is all I had; I certainly threw it away—I know nothing of the other prisoner—he was not in my company.
CHARLES JACKSON re-examined. There were three altogether—I am certain Spark was one of them—I took up Sandland's left-hand before the Magistrate, and he had got a cut where it fell against the glass, as the bag had slipped—the intent of the bag is to catch the glass from falling and making a noise—he had both the bottles when I took hold of him—one bounced down an area of the Union Club House, and I got it the next morning.
SANDLAND*— GUILTY . Aged 22.
SPARK"— GUILTY . Aged 21.
Transported for ten years.
1049. JOHN BAKER was indicted for breaking and entering the warehouse of Thomas Smallwood Richards, and another, on the 29th of March, at St. Martin, Outwich, and stealing therein, 1 pistol-case, value 5s.; 3 pistols, value 4l.; 1 box, value 15s.: 1 syringe and case, value 17s.; 3 guns, value 20l.; 3 gun-cases, value 2l.; and 1 powder-flask, value 2s.; their property.
THOMAS SMALLWOOD RICHARDS . I am in partnership with William Law Wood. We have a warehouse at No. 117, Bishopsgate-street Within, in the parish of St. Martin Outwich. On Monday morning, the 29th of March, I went there, and missed the articles stated from the pattern-room, they are worth more than 20l. or 3l., and were safe on the Saturday preceeding—this case of pistols, this case of gun-cleaning instruments, and other articles now produced, are our property, and are part of the things which were taken.
WILLIAM BARRETT . I am in the prosecutor's employ, and live in George-street, Shoreditch. On Saturday, the 27th of March, I locked up the pattern-room and the back premises—there are three windows to the pattern-room which look into the garden of the City Chambers—I believe the windows were all down—Brown was with me at the time—we locked the doors, and went away together—after locking the warehouse, I gave the keys to Brown to fasten the outer door, which has a patent lock—I left the workshop at six o'clock—I went to the warehouse again on Monday morning, about half-past nine, or a quarter to ten o'clock—I opened the front door, and when I got to the pattern-room I found the door ajar, and the windows open—I ran and informed the clerk, who came up and missed property—I looked out of window, and saw some ladders in the garden, placed against the warehouse, two or three yards from the window—they would enable a person to get in at the window of the pattern-room.
JOHN BROWN . I am in the prosecutor's service, and live on the premises. I was with Barrett when be locked up the pattern-room—I believe the windows were shut—I had been frequently in the place in the afternoon, and every thing seemed in its usual situation—if a window had been open, I think I must have seen it—the things now produced were, among others, safe in the pattern-room when the door was locked.
JAMES WHITBOURN . I drive the cab No. 397. On Monday morning, the 29th of March, I was with my cab on Cornhill rank, about eight o'clock—the prisoner came across to me with a bundle in his hand, and got into my cab, with another young man—they ordered me to drive to the corner of Wilderness-row—just before I got there, one of them told me to go on till he pulled the string—I went on to the corner of Compton-street, which is about 200 yards from Wilderness-row—they then pulled the string, I pulled up, and they got out—the prisoner had the bundle when he got out—the other man paid me—the inspector was passing at the time he was paying me, and the man asked me if I should see the old man in the morning—I asked who he meant—I did not understand what he meant—he said, "Why, the old man"—when the inspector had gone by he left me—the inspector came after me, ordered me to stop, and asked where I had brought them from—I told him—Brannan afterwards came up with the prisoner, put him into the cab, and I drove to the station.
noticed the prisoner get out of a cab, with a bundle, and there was a person standing at the cab-door—the prisoner walked down Compton-street very quickly—I followed, and asked what he had got—he said, "Nothing"—I said "I know a little about you, I must make a little inquiry about this"—I took him back to the cab, which Shackell stopped—I put him into the cab—as he was going into the cab he said a man had given it him to carry—I opened the bundle at the station, it contained this oak chest, containing a case of pistols, gun-cleaning instruments, nine razors, and an injection pump—they were wrapped up in this handkerchief.
Prisoner. Q. I should like to know when and where you knew me? A. I know you to associate with thieves, or else I should not have stopped you—I do not know that an officer is required to make a memorandum of when and where he meets a thief—I do not know that I ever knew you locked up, but I have seen you with those that have been convicted in this Court.
JOSEPH SHACKELL . I am a police-inspector of the G division. On the morning of the 29th of March, I was in company with Brannan in Goswell-street, and saw the prisoner in a cab—I went up to the cab at the time the other person was paying the cab-man—the prisoner stepped out—I did not know at the moment that he had any thing, but he drew the bundle out behind him—I then followed him about fifteen or twenty yards in Goswell-street, with Brannan, and suspecting where he was going to, I said to Brannan, "Follow him, and don't lose him"—I then returned, thinking that the other man had got into the cab, but he had escaped—in about three minutes Brannan brought the prisoner to me with a bundle—I asked him what he had there—he said, "Nothing"—I said, "Certainly yon have something, what is it?"—he said, "I don't know what is in it, some person gave it to roe to carry"—I took him to the station—I know the other man, and am in hopes I shall find him.
Prisoners Defence. As I was passing from Whitechapel to Gracechurch-street, a young man met me whom I had seen before, but I did not know him—he said, "Are you in want of a job?"—I said, "I don't mind doing one"—he said, "I am going to a place with this bundle, but I don't wish to go to the house myself, you will very much oblige me by taking it to the house, which I will show you"—we walked a few yards, he called a cab, I got with him into the cab, and the inspector stopped me in getting out—the man said he would pay me for my trouble—no one can say they saw me near the prosecutor's—my family are respectable, and I did not wish to disgrace them by letting them know of this.
GUILTY . Aged 23.— Transported for Ten Years.
1050. ALFRED HILLIER and JOHN GROGAN were indicted for feloniously breaking and entering a building, within the curtilage of the dwelling-house of George James Barlow, on the 8th of March, at Paddington, and stealing therein 3 tame fowls, value 7s.; his property.
JOHN TURNER (police-constable D 39.) On the morning of the 8th of March, about half-past seven o'clock, I met the prisoners in Chapel-street, Lisson Grove—Grogan had these two fowls, one under each arm, and Hillier had one fowl—I went up to them and asked where they bought them—Hillier said in the market, and they had given 15d. a-piece for them—I understood him to mean that morning—while I was talking to them a man came up and offered 3s. for the three—Hillier said they would not
take less than 4s. 6d.—they then went to a bird fancier's in Homer-street—after they came out I went in and found the fowls in a cage—after hearing of the robbery, I took the prisoners into custody in William-street, Lisson Grove—Hillier then said he had bought them of a man in the street, but he did not know the man, and should not know him if he saw him again—I took the shoe of one and the boot of the other, and went to the prosecutor's—I found footmarks in the garden, which corresponded with the prisoners boot and shoe—I fitted them in the marks—I did not make any other impression—the ground was turned up, and they had stepped on the ridges—I am satisfied the impressions were made by the boot and shoe which I had.
WILLIAM GREEN . I am a bird-fancier, and live in Homer-street. On Monday morning, the 8th of March, the prisoners came to my shop with three fowls—Hillier asked if I would buy them—I asked if they were his own property—he said, Yes, he had bought them on the Saturday previous for 15d. each—I asked what he wanted for them—he said 4s.—one was very bad with the croop and likely to die, and I said that was too much—he said, "How much will you give for them?"—I offered 2s.—that is not an under price considering the time I have to keep them, and one not being in health—the officer afterwards came in, and I delivered the fowls to him.
Hillier. Q. When we came into the shop, did you ask where I got them, and how I came by them? A. I asked if they were your property, and asked your names and addresses, which you gave me.
JOHN DARLING . I am servant to Mr. James Barlow, a plumber, in the Harrow-road. I missed some fowls of his at eight o'clock on Monday morning, from the hen-house, which was broken open—it stands in a yard fenced in—I know these two fowls to be Mr. Barlow's—he has had them about two years—I saw footmarks in the back meadow leading to the hen-house.
Hillier's Defence. We had no lodging to go to the previous evening, and went to sleep under a hay-stack—in coming across the field we found these three fowls all tied together with a piece of list, as if it was some one's garter—we picked them up, and being nearly starving, we were glad to sell them to get a bit of victuals.
HILLIER— GUILTY . Aged 19.
GROGAN— GUILTY . Aged 19.
Confined Six Weeks.
NEW COURT.—Wednesday, April 7th, 1841.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 18.— Confined One Month.
GUILTY . Aged 24.— Confined One Year.
1053. JANE CLINE was indicted for stealing, on the 29th of August, 1 spoon, value 2s.; 1 shift, value 2s.; and 1 curtain, value 1s.; the goods of Henry Dale: also on the 2nd of February, 1 tea-caddy, value 2s., the goods of Henry Clark; to both of which she pleaded
GUILTY . Aged 28.— Confined Four Months.
GUILTY . Aged 2l.— Confined Four Months.
GEORGE HILL . I live in Tower-lane, Smithfield. I was returning home on the 2nd of April, between eleven and twelve o'clock at night—I met Bowler at the bottom of Holborn—I went with her to a house in Field-lane—after I had been there a short time she left the room, and came up again with two men—she came and hustled round me—I was then sitting in a chair—she put her hand in my right-band pocket, and took out a half-sovereign, three half-crowns, and four shillings—I was not perfectly sober, or I should not have gone there, but I knew what I was doing—I can identify Fuller as one of the men—I am sure he was one—he had a stick when he came in—when Bowler took the money from my pocket she handed it into his hand—I heard it link, and he said to me, "What the b—y hell business have you with my wife, if you are not off, I will break your b—y neck down stairs"—I made my escape as soon a I could—I ran a little way up Snow-hill and met the policeman—he went back with me—we found Bowler in the house, but the man was gone—I am certain this money was in my pocket, and she took it.
Cross-examined by MR. PAYNE. Q. Nobody struck you? A. No, I had not been drinking a great deal—I am single—I had never seen Fuller before—I was not in the house many minutes—I swear I had that money in my pocket—I had felt it not long before—I am a stranger in London—I have been here only a few weeks—I might have been in two or three public-houses in the course of the evening—I drank very little spirits—I had a glass or two.
GEORGE GARRETT (City police-constable, No. 255.) The prosecutor came to me—he said, two men had stood over him with sticks, and swore they would knock his brains out, while the woman took the money out of his pocket; I found a man in Bowler's room, and a woman, but he could not identify him—I took Fuller, about an hour and a half after, coming down Snow-hill—the prosecutor was then called out, and said he was the man—I found 2 1/2 d. on Bowler, nothing on Fuller—I asked Fuller if he used Field-lane—he said, "No."
(The prisoner Bowler stated, that the prosecutor went home with her, and gave her 2s., and, because she would not return it, he threatened to kill her with the poker.)
GEORGE HILL re-examined. I did not take up any poker, or attempt to strike her in any way—I have seen the policeman before—I have said "good night," when I went by—I am certain that the money was in Fuller's pocket—I am certain he is the man, and I am certain I heard the money link.
NOT GUILTY .
1056. THOMAS THOMAS was indicted for stealing, on the 8th of March, 2 10l., and 3 5l. Bank-notes; 1 promissory-note for 5l.; and 1 order for the payment of 13l. 8s. 6d.; the monies of Thomas Stow; from his person.
THOMAS STOW . I live at Farnborough-hall, at Farnborough, in Kent. On the evening of the 8th of March, I was coming out of the old Com-Exchange, Mark-lane—the gateway was stopped by a number of persons coming in; I got close up to them, and was in the act of going out, a person came up to my side, and pushed very hard against me for half a minute—I did not observe who it was—he was on one side of me, over my shoulder—as soon as the space was cleared he got out—I kept my eye on him, felt immediately in my pocket, and missed my money, and followed him directly—this was the same person who pushed against me—there was no body going out but him and me that I saw—there must Lave been other persons close by—I followed the person, and called out "Stop thief"—I came up to him, seized him, and charged him with it—he was about the width of this Court from the place where I was pressed—when he found he could not get away, he turned his head over his shoulder, and called to somebody; he put his hand behind him, and I suspected he gave the property to that person—the prisoner was the person that came up—I let the person go, and seized the prisoner—he struggled, and got from me for a moment, and got into a place between the two markets—I did not lose sight of him—as he turned round I seized him—we went out of the street together, and he was taken—he was searched in my presence at the station—I had two 10l. Bank-notes, three 5l. Bank-notes, a Guildford note for 5l., and a check for 13l. 8s. 6d.—these are the notes—(looking at some.)
Cross-examined by MR. CLARKSON. Q. Had you got any memorandum of this property before you lost it? A. No—the person who took my money called out, some slang language, but I do not know what—it was said aloud—the prisoner offered to get a policeman—he called out "Police" as lustily as I did—no one else called out besides him and me that I know of—he did not impede me in going for the police—when he came out I seized him, before he called for the police—I afterwards charged him with the offence.
THOMAS RYE . I am a millwright, living in Essex-street, Gravel-lane. About three o'clock this afternoon I was in Mark-lane—I saw Mr. Stow scuffling with a man, when I first saw him from the steps of the market-place—I came down into the road—as they were scuffling, I saw the man he was scuffling with throw a paper parcel from his hand, which came towards me—I picked it up, and handed it over to Robins—I did not see the man's face who the prosecutor was scuffling with—his back was towards me; but whoever he was scuffling with threw away the paper—he was taken into custody—he did not get away.
Cross-examined. Q. Do you mean to say you saw this person taken into custody? A. The man that threw the money away was taken.
WALTER ROBINS . I am a baker, and live in Lisson-grove. I was standing in the corn-market—there was a cry of "Police"—I observed Mr. Stow struggling with the prisoner—the prisoner appeared to try to get away from him, and took him by the collar, as if be would pull him down the steps, and break his neck—they got about two-thirds across the road, and the prisoner threw this roll of notes behind him, which was picked up by Rye, and given to me—I stepped up to the policeman, who had
just got hold of the prisoner—I said, "You secure him, I have got the money."
GEORGE CROUCH (City police-constable, No. 534.) I heard a cry of "Police"—I saw the prosecutor and the prisoner scuffling on the steps—they went round the stone pillar, and down into the road—the prisoner cried "Police," repeatedly—I went and took him—Mr. Stow said, "Hold him fast, he has got my money"—I produce the notes which I received from Robins.
(Charles Chatham, green-grocer, Frederick-street, Hampstead-road; and Charles Thornton, butcher, London-road, gave the prisoner a good character.)
GUILTY . Aged 36.— Transported for Ten Years.
MARY ANN RUTLAND . I am in the service of Mr. Hewlett, a plumber and glazier in Aldersgate-street. On the morning of the 25th of March, about half-past eleven o'clock, I was in the kitchen, and heard a noise—I went up and saw the prisoner—I followed him to Charterhouse-square, and lost sight of him—he had a bag with some lead on his shoulder, when he was taken by the policeman.
WILLIAM PRYCE . I live in Aldersgate-buildings. I was in Black Horse-yard, and saw the prisoner run out of the prosecutor's shop with a bundle on his shoulder—he went into Charterhouse-square, and was taken by the policeman.
Prisoners Defence. I came up Old-street—a man asked me whether I would carry this for him to Mr. Lufkins's in Aldersgate-street—I came to the prosecutor's shop, which was the first one I came to, and this girl came to the door—I asked her if Mr. Lufkin lived there, she said no—I went out, and asked several persons if they knew the name, they said, no—I came back, passed the shop to go to the person who gave me the bag, and the policeman stopped me.
MARY ANN RUTLAND re-examined. He asked me who lived there, I said I did not know, but I would go and ask my mistress—he took the bag up and ran away, leaving the gate open—I heard a noise before I came to the door.
GUILTY . Aged 20.— Confined Six Months.
Before Mr. Recorder.
JOSEPH HUMPHREYS . I live at Tooting, in Surrey. On the afternoon of the 6th of March, I was in Coventry-street, between one and two o'clock—I felt something at my pocket—I missed my handkerchief, and turning round I found the prisoner with it in his lefthand, in the act of putting it into his pocket—I seized him and charged him with having it, which he denied—I held him until the policeman came up, and the handkerchief was found
on him at the station, by the policeman—I had noticed it safe in my pocket a short time before.
Cross-examined by MR. PAYNE. Q. Is there any mark on it? A. No, but I am sure it is the same from its general appearance—I had had it about twelve months.
WILLIAM FLOOKS (police-constable C 98.) On the afternoon of the 6th of March, I received charge of the prisoner in Coventry-street—I took him to the station, and found this handkerchief in his trowsers' pocket—I found two others on him—there is no mark on either of them.
GUILTY . Aged 20.— Confined Six Months.
Before Mr. Common Sergeant.
SAMUEL BURCHFEILD . I am a rope-maker, and live in Penny-fields, Poplar. About eleven o'clock, on the 26th of February, I left my horse and chaise at the gate of St. Katharine's Dock—I left my blue cape in my chaise, and when I returned it was gone—I saw an account in the newspaper, by which I found it.
WILLIAM CHILD . I am a constable at All-hallows. About eleven o'clock on this day, I saw the prisoner and another going across Trinity-square—the prisoner had this cape on his arm—I knew the other to be a common thief—I followed them—they opened it, and the prisoner said to the other, this will fetch us a funt, which is a flash word for a sovereign—it is a common word among the thieves—I knew what it was, became I had heard it so often—I let them go a little further—I took the prisoner with this—the other ran away.
GUILTY .* Aged 22.— Transported for Ten Years.
MR. BALLANTINE conducted the Prosecution.
ADAM DICKSON . I am a baker, living in Fetter-lane. The prisoner had been in my employ, about four months—it was his duty to deliver bread to my customers, and account to me, if paid for, the same day when he returned—Miss Clarke was a customer of mine, and Mr. Robinson—if he received 6l. 4s. 11d. on the 14th of February, he did not account to me, or for 7s., or 9s. from Mr. Robinson—I discharged him on the 27th of February—he went away without accounting to me for these sums—I then heard of this, and went to Ipswich—I found him at the Feathers inn, under the name of William Smith, at four o'clock in the morning, on the 6th of March—there were two officers with me—I asked him at the station, if he knew what my business was, he said he did—I asked him "What," he said, "After that customer's money"—I said, "What customer's money?" he paused, I said, "Miss Clarke's, in Baker-street?" he said, "Yes"—I said, "You have used me very badly"—he began to cry, and said, "Yes, I have"—I was the only person to whom he ought to have accounted.
Cross-examined by MR. DOANE. Q. Have you a wife? A. Yes, and a son James—I am not always at home—if the prisoner came back with some money from a customer it would not be doing wrong to pay my wife money, but he never did—she is not here, nor is my son—I saw his wife on the morning before I went to Ipswich—she showed me a letter—I told
her to ask him to come to town about a bill, and before it could reach him I got there and took him.
MR. BALLANTINE. Q. Ought the money to be entered in any book? A. Yes, the day-book, and from that to the cash-book and ledger—they are here—these sums are not down.
ELIZABETH ARNOTT . I live with Miss Clark, in Baker-street, Portman-square—she dealt with Mr. Dixon for bread—I remember her being indebted 6l. 4s. 11d.—on Monday, the 24th of February, I paid the money to the prisoner—he receipted the book and the bill—these are them—I paid him a 5l. note, a sovereign, and the rest in silver.
CHARLOTTE BROOM . I am cook in the service of Mr. Robinson, of Montague-place, Russell-square; I was supplied with bread by Mr. Dixon. On the 27th of February I paid the prisoner 9s. and 7s. on Mr. Dixon's account—these are the bills the prisoner receipted.
Cross-examined. Q. Were these bills ready receipted? A. He signed them at the gate while I was there.
GUILTY .* Aged 29.— Transported for Seven Years.
1061. JAMES BUNCHER and JOHN RILEY were indicted for stealing, on the 25th of March, 1 tin box, value 2s. 6d.; 1 pair of boots, value 1l. 10s.,; 1 razor-strop, value 6d.; 1 coat, value 2l.; 1 waistcoat, value 12s.; 1 handkerchief, value 3s.; and 2 razors, value 12s.; the goods of John Augustus Francis Simpkinson, Esq.: 1 coat, value 2l.; and 1 waistcoat, value 1s.; the goods of William Clark: and 1 cloak, value 5s., the goods of Francis Charles Clark.
MR. BODKIN conducted the Prosecution.
GEORGE PERRY . I am clerk to Mr. Hyam, a Chancery-barrister, who has chambers on a third floor in Lincoln's Inn, immediately over the chambers of John Augustus Francis Simpkinson. At half-past five o'clock in the afternoon of the 25th of March, I came to my chambers—as I was going up the second flight I heard Mr. Simpkinson's chamber door slam to, and two persons running up the stairs that lead to Mr. Hyam's chambers—I went up—Mr. Simpkinson's outer door was then shut to—before I got to the landing of the third flight I saw Riley just coming down—he was on the top stair—Buncher was looking out of the staircase window of that floor—upon my being seen, Riley spoke to Buncher, and said, "I told you it was not him," or something to that effect, I did not correctly hear it—I passed them and went into my own chambers—I took some papers, and came out with them in my hand down on the second floor landing, and saw Mr. Simpkinson's outer door open, and the inner door not quite closed—the two men were then gone from my landing—about five minutes had elapsed from my seeing Mr. Simpkinson's door shut and finding it open—I then made a communication to the officer, and returned immediately—I was about the second person that went up—I was then going up the second floor staircase, and saw Stacey seize Riley, who had this red bag in his hand—we all came down together—I took the bag from him in the square—I took it to the station, and gave it to the officer—I afterwards saw Buncher in the custody of Baker—he brought him down the staircase—I saw both the prisoners searched, and some keys and other things taken from Riley—I saw the keys tried, and one of them opened the chamber doors—I went up the third flight of stairs after that, and found this other bag.
PETER STACEY . I am a porter of Lincoln's Inn. Perry came to me—I went to the staircase of Mr. Simpkinson's chambers—when I got on the first floor, I listened, and heard a whispering, a low talking of two person, and a rattling of keys—I went up on the second floor, and found the two prisoners—Buncher was about one step higher up than Mr. Simpkinson's door, and Riley was on the first step down—Riley had the red bag in his left hand—he was coming by me—I said, "Halloo, what do you do here? do you live here?"—he said, "Yes, I live here; it is all right"—I said, "I know you do not; you are my prisoner"—I took him down stairs, and left Buncher behind—I met Baker on the first floor, and said, "There is another up stairs, fetch him down"—he went up—when I got Riley into the square, the bag was examined, and found to contain the things stated—Riley made some resistance, and tried to get away—another bag was brought down.
Cross-examined by MR. PAYNE. Q. Who was nearest to Mr. Simpkinson's door? A. Riley—he was about the first step, and the other up higher.
JAMES BAKER . I am a constable of Lincoln's Inn. I was called in to assist—I went up as high as the first floor—I found Buncher coming down, and I took him—he resisted—I succeeded in keeping him—he was taken to the station—one of the keys found on him fitted the door—the large key opened the outside door and the inner door of Mr. Simpkinson's chambers.
WILLIAM CLARK . I am clerk to Mr. John Augustus Francis Simpkinson, Queen's Counsel. I went to dinner a short time after five o'clock that day, leaving the inner and outer door safe—some of these things are Mr. Simpkinson's, some are mine—this cloak belongs to Francis Charles Clark, my son, who is about twelve years old—they are worth 5l.—I do not know either of the prisoners.
Cross-examined. Q. Have the things been long under your care? A. Yes—the bags are Mr. Simpkinson's—I was absent about two hours.
Buncher's Defence. I was going through Lincoln's Inn, and saw several men run up stairs—I ran up in the same way.
GEORGE PERRY re-examined. I found the bag on the landing of the third floor after I came from the station—there was no person on the stairs when I came out with the papers in my hand—there was not a soul in the square, with the exception of myself.
(Riley received a good character.)
BUNCHER— GUILTY . Aged 22.— Transported for Seven Years.
RILEY— GUILTY . Aged 22.— Confined One Year.
JOHN BLAYNEY . I live in Stafford-place, Pimlico. About twelve o'clock in the evening of the 3rd of April, I was going up Fleet-street—I had a pocket-handkerchief, which I had seen safe a quarter of an hour before
—I did not miss it till I was told of it by a friend—I looked, and saw it on the ground—this is it—my friend took the prisoner by the collar.
ADAM REID . I live in Basing-lane. I was going up Fleet-street this night with my friend, and, on turning my head, I saw the prisoner pulling this handkerchief out of the prosecutor's pocket—I seized him—he threw it down in Black Horse-court—I brought him out, and the policeman took him.
GUILTY . Aged 20.— Confined Four Months.
HENRY WILSHINO . I am in the employ of Henry Clark, a linendraper, in New Bond-street. At half past seven o'clock in the morning of the 13th of March, I saw the prisoner running by swiftly, as I was standing at the door—he had something under his arm—a servant was following him, and called to me to pursue—I pursued him up Maddox-street—he dropped this coat and jacket there—I pursued till he was stopped.
ARABELLA SALMON . I am servant to Francisco Bernardo Sanguinetti, in New Bond-street. At half past seven o'clock in the morning, I was in the parlour—I observed the prisoner coming into the shop, the door of which was open, but not the window—he asked if there was a hand wanted—before I had time to answer, he took the coat and an unfinished jacket off the counter—he ran off, and I after him—they were dropped, and I picked them up—I did not see him drop them.
Prisoner. Q. When you first heard the door open, did you come up? A. was on the landing, you were at the end of the counter—t he outside door was half open—I heard the bell ring, as if the door was opened—it would not open without ringing the bell.
Prisoner. I did not take them; it was another man. Witness. There was no one came in but the prisoner.
GUILTY . Aged 19.— Confined Six Months.
1064. JOSEPH NELSON was indicted for stealing, on the 2nd of April, 1 jacket, value 1l.; 1 waistcoat, value 10s.; and 1 pair of trowsers, value 15s.; the goods of Robert Webster; in a vessel in a port of entry and discharge.
ROBERT WEBSTER . I am a carpenter belonging to the ship John and Ann, which was lying in the Regent Canal dock, in the Thames. I saw my jacket, waistcoat, and trowsers safe in my chest about seven o'clock last Friday night—an alarm, was given about half past seven, and I missed them—the articles now produced are mine.
Cross-examined by MR. PHILLIPS. Q. Did you see the prisoner at all? A. No.
JAMES WHITE . I am apprentice on board the John and Ann. Between seven and eight o'clock that evening I was on deck—the mate told me and another lad to go and coil the rope—I was going to the end of the hatchway, and met the prisoner coming up the forecastle way—I touched him with the rope before I saw him—it was dark—I asked the lad who it was—he said he did not know—I made an alarm, and the prisoner went on board the next vessel, where he was taken.
Cross-examined. Q. Had he the clothes on when you saw him? A. He had the jacket and waistcoat on his back—he had a dry shirt on—I felt his shirt, because he told us he had fallen overboard—he said he had left his jacket and waistcoat on board a vessel, and another sailor gave him these to put on—I did not hurry him off the vessel—he did not go very fast—there was our full ship's crew, seven of us in all—I never said I took any thing belonging to any one—I never talked about 5l. 10s. and a watch to any body—I am sure of that—my home is at Wakefield—I was there about three months ago—I left home to come in a Billy-boy—I asked the prisoner the name of the vessel from which he said he fell overboard—he did not know—he said it was on the west side of the dock.
CHARLES JONES . I am a constable of the Regent Canal dock. I took the prisoner—I found these things on him in a vessel near the John and Ann, and his trowsers on board the vessel—he said he fell overboard, and somebody gave him these things to put on, but he could not point out the person—he said he had left his wet shirt and things on board a vessel on the west side—I went and got them the next morning—he had a dry shirt on, which the mate of that vessel said he had borrowed of the cook.
(The prisoner received a good character.)
GUILTY . Aged 32.— Confined Two Months.
RICHARD KENNARD . I am servant to Mr. John Edward Miller, a butcher, who lives in Ropemaker-street—I was in his shop about nine in the evening on the 26th of March—I saw the prisoner take this piece of beef from the front board—I caught him ten yards off, and he dropped it.
Prisoner. I did not take it. Witness. I am certain he is the boy.
GUILTY . Aged 13.— Confined Ten Days and Whipped.
1066. JOHN PORTER was indicted for stealing, on the 1st of March, 22 printed-books, value 5l. 10s.; 3 paper knives, value 3s.; 2 memorandum-books, value 9s.; 1 box of wafers, value 1s.; 36 pencils, value 16s.; and 2 packets of court-plaster, value 1s.; the goods of John Roberts.
MR. PHILLIPS conducted the Prosecution.
JOHN ROBERTS . I am the publisher of the "Derbyshire Courier," and a printer and bookseller, living at Chesterfield. The prisoner came into my service at the latter end of September, 1839—I gave him four weeks' notice to quit on the 6th of February—he was to leave on the 6th of March—on the 22nd of February I paid him his wages to the following Saturday—on the 24th of February he did not come to his employ in the morning as usual, and on inquiring at his lodging I found he had gone away—I have seen him write, and on the 26th I received this letter in his handwriting—(reads)—" Sir,—By the time you get this I shall have terminated an existence, begun and continued in sorrow; no efforts will find any trace of me. Your account I have sent to my brother, as well as several others; he will discharge them in a short time.—J. G. P.—Hull."—in consequence of suspicion I set off for London, and got here on the 1st of March—on the 2nd of March I went to Gray's Inn coffee-house, about eight o'clock in the evening, and the prisoner came in with a companion—the officers I had there took the prisoner—I asked him what he had done
with the books he was seen to take from the shop—he made no reply—he was then taken to the station—while in my service he went by the name of John George Portman, but at the station he gave the name of John Porter—he said he did not know the name of the place he lodged at, but he was willing to take the officer to the place, and we got to Johnson's-court, Fleet-street—he pointed out some books, some of which I claimed, and there was a case of instruments, which though the mark was gone from them, I believe to be mine, as on examining my stock I missed a case like it—these books have my private mark on them—the prisoner had access to the stock where they were—before I took him I had been to Pickford's wharf—a box was produced to me there, and I have found the porter who assisted to get that box away from Chesterfield—the clerk at Pickford's opened the box, and I found in it a Shakspeare and several other books, which belonged to a private library at my house—I had no right to sell these books—I found also some memorandum books in it—the box was afterwards opened at the station—I made a further search in it, and found three dozen of pencils, a Bible, three folding knives, and four or five packets of sticking plaster—they have my private mark on them, except those two books which were taken from the private library—I had seen this Shakspeare a short time before he left—I can undertake to say I had sold him none of these things—I had no right to sell those belonging to the library, and I certainly did not.
Prisoner. Q. What was my general character during the time I was in your employment? A. I cannot say any thing in your favour, particularly for the few weeks before I gave you notice to quit—previous to January 1841, I certainly had occasionally suspected you, but 1 was averse to entertain those suspicions—I found you embezzling money, but you was a preacher among the Wesleyan society, and I was averse to encourage those suspicions—you held a confidential situation with me, because I believed your character was good—I cannot state any time, but I fancied that when you have been left in the shop, money has gone from the till—it might be fancy—when you was on a journey, you returned a Mrs. Frazer's account as unpaid, which I found was paid, but I was willing to attribute that to forgetfulness, and to give you credit for it—I believe you gave her a receipt for the money, and acknowledged you had it—I carry on the printing, bookselling, and stationery business beside the newspaper, and I keep a post-office—Miss Clean and Mrs. Roberts assist in the business—Mrs. Roberts is not here—I chiefly attend to the printing and the newspaper, and occasionally in the shop—Mrs. Roberts chiefly attended the shop—you attended to keeping the books, to reporting, to making out accounts, and assisting in the shop—you assisted in the paper as sub-editor—I have been twice up in London lately—I was at Eastbourn for three weeks in August last—you never bought any of these things of me, and I ascertained from the only parties that could have sold them, that you never did buy them—I have the account kept by yourself, which commences December, 1839, and is up to December, 1840—here is entered all the things he had during that time—here is a pencil, a small box, six envelopes, and some other things.
Prisoner. Q. You say all the things I had are entered here, how do you know that? A. I believe so—this is from the petty ledger in your own handwriting—you did not buy the things now produced of me—I feel confident you have stolen them—I ascertained before I came away that you did not buy them of Miss Clean or of Mrs. Roberts.
Prisoner. On the 5th of October, 1839, did you sell me a memorandum book? Witness. Not to my knowledge—I do not know that I sold you any of the articles stated in this list, except a box on the 15th of June—I remember that, as it came into my hands, and you asked me if you might have it, and I said yes, at the price it came in at—I cannot say that you bought any more than that one article of me—Mrs. Roberts, myself, and Miss Clean, and you, were able to manage my business—Miss Roberts has occasionally been in the shop in my absence—we have done without any one else ever since you left—I have not the authority of the subscribers to the library to prosecute you—I did not ask for it—I have not lent books out of that library—I have referred you to Frazer and other books in the library, but not to take them out—Mrs. Roberts did not lend you any to the best of my belief—I am not aware that at last March Assizes Mrs. Roberts gave you leave at any time to go to the library, and take a book when you required it—I should have had no objection to have referred you to a book in the library, but not to take a book from it—to the best of my knowledge I did not lend you a volume of Rees's Cyclopedia out of it—Miss Clean attended to the library—I do not believe she lent you books out of it—she was not authorised to do so—my daughter has not lent you books—a child like her could not have done it—she was not authorised to do it—I do not believe she lent you Scott's Life—I have offered you permission to read books in my private library, but you never had authority to take them out—Mrs. Roberts may have let you have them—I have examined the day-book from the date of this list of yours—I have not found any thing crossed out as being paid by you since that date—I do not keep a cash-book—I cannot say whether you have repeatedly recommended Mrs. Roberts to keep one, that the things sold in the shop might be checked.
Q. Have you been in the Navy? A. Yes, for thirty-three years—I have attended to my shop occasionally, but my chief business was the printing and the newspaper.
COURT. Q. Was this species of defence carried on by the prisoner before the Magistrates? A. The first time he seemed to say be had taken the things, and put the money in the till unknown to me—he inquired of me if I had asked Mrs. Roberts and Miss Clean if they had sold him the books.
Prisoner. Q. Did I not say I hoped you would bring them forward here? A. I never heard you say so—I never pledged my word not to mention the subject of embezzlement to you—Mrs. Roberts kept the books along with you—you have been employed in writing in the library, and occasionally in the shop—you have been a good deal in the dining-room lately—Mrs. Roberts has been there, and you have assisted her—sometimes there has been a third person present, and sometimes not.
Q. Might any thing improper have occurred on those occasions? Witness. No—I pledge my life to the contrary—Mrs. Roberts's character is too well known—there has not been any dispute between you and me respecting any reports of yours—I have altered the poor-law reports frequently, and struck out a great deal—no letters appeared in an opposition paper attacking these reports—I did not send papers to your private friends—I know they have been sent—I believe on the night before you went, Dr. Robertson delivered a lecture—it would have been your duty to
attend—I believe you were called to the Liverpool Assizes last August—I did not stop your salary while you were away—you left to attend a trial, and left my wife ill—I begged you to get back as soon as yon could to assist her, and instead of returning, you went to your friends in Ireland—I gave you notice to quit, but you got some friends to speak to me—I left it to my wife, and she consented to your staying again—I heard you say you had some money owing to you.
MR. PHILLIPS. Q. Any thing he bought in the shop, and did not pay for, he was to enter in the book in his own handwriting? A. Yes—this account is from the book—when I asked him what he had done with the books he took away with him, be made no answer—I suspected him, and found one of those suspicions justified.
JAMES BALL WHITE . I am a clerk and traveller. I live at Chesterfield. I have known the prisoner fourteen months—he lodged in the same house with me up to the 22nd of February—I have frequently seen a deal box there—I have seen the same box in Worship-street.
Prisoner. Q. Are you quite sure it was my box? A. Yes—I have seen it in your bed-room—I do not remember hearing you talk of selling it—I expect the box I saw in town was the one you had at Chesterfield—it was in the house when I left, and when I came to town I saw it here—I have known you fourteen months—you had books from the library in your room for many months—when I wanted books you got them—you told me you had leave to get them, and have done so several times from Mr. Roberts—you are subject to depression of spirits—I have heard you complain of being miserable, and I have seen you unhappy—I think you were attentive to your business—you used to run in and take your meals in haste—you have not been out very late—you were in the habit of doing a great deal of work for Mr. Roberts in your lodgings—I have seen the table covered with periodicals, and seen you writing letters—you had a good character in the house—you had a free ticket last winter, but did not go to the theatre—you did not go to the races at Chesterfield, but asked me to give you a long account of them—I never thought you capable of injuring any one previous to your going away—you had liberty to read books.
MR. PHILLIPS. Q. Did he ever tell you he was authorised to carry off books to London without his master's knowledge? A. Never.
WILLIAM TURNER . I am a porter. On the 1st of March the prisoner came to me, and said he wanted me to carry a parcel—I went and borrowed a wheelbarrow—I went to the gate where he lived, and took a deal box, which he desired me to take to Mr. Pickford's wagon warehouse, which I did—I have seen the box since—I cannot tell when it was.
Prisoner. Q. Can you read? A. No—I do not know where the box was going to.
COURT to MR. ROBERTS. Q. When did the prisoner leave your premises? A. On Tuesday, the 23rd of February, and the following morning I found he had absconded the night before.
MR. PHILLIPS. Q. How far is Hull from Chesterfield? A. I should think, seventy or eighty miles—the letter I received has the Hull Post-mark of the 26th of February—I received it that night—I did not see the prisoner in Chesterfield after the date of this letter.
of Pickford and Co. This box was there on the 1st of March—I saw it on their wharf in London—it ought to take about six days in coming from Chesterfield—it was opened by order of the prosecutor in my presence —I delivered it and its contents to the officer—no one could have pat any thing in, or taken any thing out.
JAMES BRANNAN (police-sergeant G 20.) I accompanied the prosecutor I on the 2nd of March to Pickford's wharf—this box was opened in his presence—it has been in my possession ever since—there were books and other things in it, which the prosecutor identified—I went to Gray's Inn coffee-house with the prosecutor and Redman—the prisoner came in after a little time—I told him I belonged to the police, and he must consider himself in custody, for robbing his master, Mr. Roberts, of Chesterfield—he said he should decline saying any thing at present—I took him to Featherstone-street station—he directed me to some court, where he said he had lived—I found a bunch of keys in his pocket—one of them opened the box—I told the prisoner that some books and other articles had been found in the box, which the prosecutor identified—the prisoner gave me an order to get the box.
HENRY REDMAN (police-constable G 224.) I went to Gray's Inn coffee-house—I heard the prisoner charged with stealing his master's books—he was taken to Featherstone-street station, and I went to a lodging in Johnson's-court—some of these books were found there, and some in the box.
MR. ROBERTS. Some of these books belong to the library—these others are mine—these three paper-knives are mine—they are new, and have the mark on them—here are thirty-six pencils—one of them had the private mark on it, but it has got off—they have the price at the end of them—these packets of court plaster are mine, and have my wife's mark on them.
(The prisoner, in a very long address, contended that there was no proof that he had not bought some of the articles of Miss Clean or Mrs. Roberts; and stated that he had been allowed to take books home from the library, and coming away suddenly to obtain a situation in London, he had not had opportunity to return them.)
HENRY BELGRAVE ANSON . I knew the prisoner when in Belfast—his character was most exemplary—he opposed the trade unions—he did not join any union—at the time he entered Mr. Roberts's service there were circulars sent by the trade unions, containing the names of those persons who acted against them—I know the prisoner was rather of a desponding disposition—I think his changing his name was to avoid being traced by the trade union—in consequence of his corresponding with me, he resolved to leave Chesterfield—I wrote to him, requesting him to come to town immediately, as there was a situation open, if he could fill it, till he got a better—that was about a month before he came to London.
MR. PHILLIPS. Q. Have you been in the habit of communicating with him in Chesterfield? A. Yes, for six months—I have not made him the instrument of buying any books for me from Mr. Roberts—I never made him the instrument of buying a Bible—I did not give him authority to send the Bible and some of these books to me in London, as I have an opportunity of buying them cheaper.
Q. Did you ever say to any body that you would manage to keep the first and second examinations from the newspapers, but that Mr.
Roberts's examination here should be the most uneasy half-hour he ever spent. Witness. No, I said it would be—I did not say I would take care it should be—I never said so to While, that I swear.
GUILTY. Aged 23.—Recommended to mercy by the Jury. — Confined Three Months.
Sixth Jury, before Mr. Sergeant Arabin.
1067. JOHN BROWN and WILLIAM SMITH were indicted for stealing, on the 10th of March, 2 pewter pots, value 2s., the goods of Philip Heslop; 1 pewter pot, value 1s., the goods of Edward Tindley; 1 pewter pot, value 1s., the goods of Charles Clarke; 1 pewter pot, value 1s., the goods of Ann Watmore: also, 2 pewter pots, value 2s., the goods of James Hobbs; and 1 pewter pot, value 1s., the goods of James Glaze; to which they pleaded
GUILTY .— Confined Six Months.
GUILTY . Aged 24.— Confined Three Months.
GUILTY . Aged 34.— Confined Six Months.
ELIZABETH BELL . I live in Portpool-lane. On the 16th of March I bad a piece of bacon in my shop—I missed it five or ten minutes after it was taken—I had seen it safe before—the prisoner was taken in another shop.
CHARLES GEORGE VINCENT . I live within a door or two of the prosecutrix—I saw the prisoner and another boy endeavouring to move something from a broken pane in her window—I saw the prisoner come from the window with something, the other boy held up his apron, and the prisoner popped the bacon into it—I took them both into my shop, and kept them till the policeman came—the other boy got between our legs, somehow, and got away—the mob would not let me nor the policeman go after him.
Cross-examined by MR. BALLANTINE. Q. Did the other seem to direct this boy? A. I do not know—the other held up his apron.
(The prisoner received a good character, and a witness engaged to take him as an apprentice.)
GUILTY. Aged 16.—Recommended to mercy. — Confined Three Days.
SAMUEL HURST . I am an apprentice to Mr. Charles Ravey, an ironmonger in Conduit-street. On the 9th of March I was carrying these tools in Howland-street, I had the care of them—the prisoner, who was a Stranger, came and asked me to let him look at them—I held up the hammer and screw-driver to the light, that he might see them—he wanted me to give them to him that he might look at them, I would not—he
took hold of me, took them out of my hand and ran away—he ran to John-street, and when he got opposite the chapel, he sat down on the step of a door, and waited till I got up—he then went back into Howland-street, and ran till he was stopped by a man—these are the tools.
Cross-examined by MR. PAYNE. Q. They are worth 6d. a piece, are they? A. Yes—the prisoner did not say they were his—I saw him hug the policeman round the waist.
Cross-examined. Q. I believe he hugged you round the waist? A. Yes—I took him to the station.
MR. PAYNE called
DR. ROBERT BOYD . I am surgeon to the Marylebone Infirmary—I had the prisoner twice under my care, for a disordered mind—I should think he would play such a trick as this, without intending felony—he is in an eccentric state and would be likely to do a foolish act, not intending to be a thief.
JOHN HALSTEAD . I am a copper-plate printer. I have known the prisoner two or three years, he was always strictly honest—he was subject to fits of insanity—I have found him quite out of his mind when he has had the fits on him—I have found him at other times eccentric.
HENRY CURTIS . I am in the employ of a town carman. On the 5th of March, about half-past seven o'clock in the evening, I was employed to carry some cheeses to Harrison's wharf—they were the property of John Green and another—they were in a close cart, which had a tilt over it—I believe there were forty-one cheeses in one lot and twenty in another—I saw the prisoner behind my cart, and the tilt was removed—I went on to the Dublin steam-wharf, and saw the prisoner again behind the cart—he made a rush and ran—I pursued and collared him—I never lost sight of him—he had this cheese with him—I looked into the cart, and missed one cheese, and this one tallies with the one I lost.
Cross-examined by MR. PAYNE. Q. Where did you see the cheese again? A. In between the prisoner's feet, about ten or twenty yards from the cart—the tailboard of my cart was up, within about three inches of the top—this cheese is about five inches wide—there was not room for it to roll out—I saw the prisoner drop it between his feet—he did not attempt to escape—the officer was up to him as soon as me.
THOMAS KAY (police-constable H 101.) I was standing at the horse's head when the cheese was taken out of the cart—I saw the carman ran behind the cart very quickly, I followed him, he cried out, "Police "—I said, "Here I am"—he said, "I charge this man with stealing this cheese"—it laid at his feet, and the witness had hold of his collar.
GUILTY .† Aged 24.— Transported for Seven Years.
morning, when I was in bed, I received information that that the butler had let a strange man into the house, and he would not go away—I got up and found the man there—I gave him and the prisoner in charge—in going over the plate that day I missed four spoons—they were afterwards found at the pawnbroker's—these now produced are them—they were manufactured in Dublin, and have my crest on them.
Cross-examined by MR. DOANE. Q. The strange man was dismissed, and the prisoner remanded, in order that you might see if you missed any property? A. Yes, and these spoons were missed—they could not have been stolen that night—the Magistrate sent the prisoner to my house at my request, to go over the plate with me—the prisoner said there were four spoons missing, and they would be forthcoming by and by—the spoons were the first things on the list of plate—I have from 1200l. to 1500l. worth of plate—I believe my lady handed the duplicate of these spoons to the officer, but I was not there—I believe the prisoner was to have forty-five guineas a year, and he had board wages also, which I believe were paid in advance—there were a great many duplicates of the prisoner's found in a tin canister in my house—I believe one was for a coat, and one for a shirt of his.
Cross-examined. Q. Did he say he was a butler? A. He did.
JOHN LORDING (police-constable H 76.) I took the prisoner at Mr. French's house—I saw him let a man into the house, and took him on that account—he was locked up till the next day—he was then ordered to go back to search Mr. French's place.
Cross-examined. Q. Did you not find a vast number of duplicates? A. Yes, fifty-eight—one was for a coat, and one for a shirt—he appeared very contrite.
(William Hereford, a constable of the Mendicity Society; Owen Owen, a publican, of Grosvenor-street, Bond-street; Thomas Williams, a boot and shoemaker; and Richard Sodor, a boot-maker,; gave the prisoner a good character.)
GUILTY. Aged 30.—Recommended to mercy by the Jury and Prosecutor. Transported for Seven Years.
Cross-examined by MR. JIORRY. Q. You know the prisoner and her family? A. My wife knew them—I believe their characters were very good.
GUILTY. Aged 22.—Recommended to mercy. — Confined Six Days.
1075. CATHERINE MURPHY was indicted for stealing, on the 8th of March, 1 coat, value 15s.; 1 pair of trowsers, value 2s.; 1 waistcoat, value 2s.; and 1 table-cloth, value 1s.; the goods of Timothy Cadey.
TIMOTHY CADEY . I live in Wilstead-street, Somers-town. The prisoner is my wife's sister—she lived in the house with me for three weeks. On the 8th of March I went out about half-past five o'clock—I left this property all secure—I returned at seven at night—my wife and daughter were then out looking after the prisoner—when my wife came home I missed these things—they had been taken out of different drawers in my house—I found the prisoner the next morning, and gave her in charge.
ELIZABETH YAPP . I live in the prosecutor's house. I let the prisoner in on the 8th of March, between two and three o'clock—she went out soon after with a bundle—she came back again in a quarter of an hour without any thing—she went up stairs, and returned down again with a large market basket—I cannot say what was in it—the prosecutor's daughter came home afterwards and missed the property stated.
Prisoner. I was going to work with my aunt, and she put the things on the drawers for me to take and pawn, which I did.
(Property produced and sworn to.)
GUILTY . Aged 19.— Confined Three Months.
OLD COURT.—Thursday, April 8th, 1841.
Second Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 22.— Confined Three Months.
1077. MARY CLEGHORN was indicted for stealing, on the 20th of December, 7 pairs of boots, value 1l. 3s.; and 9 pairs of shoes, value 15s.: also, on the 17th of December, 1 pair of boots, value 7s.; the goods of William Kemmish; to both of which she pleaded
GUILTY . Aged 35.— Confined Three Months.
GUILTY . Aged 28.— Confined Six Months.
MR. PHILLIPS conducted the Prosecution.
THOMAS LONG . I know the prisoner. On the 27th of February he gave me an order for a crate of crockery, to go to Mr. Davenport—he went with me, and close to the door—I took the order as he desired me, and he stood outside while I presented it—I brought the crate out to him, and he gave me 1s. for presenting it.
JOHN FLAMELL ARMSTRONG . I deal in china and glass, and lire at Tranquil-vale, Blackheath. This order is not in my handwriting—I know the prisoner—I have seen him write many times, and I believe it to be his writing.
Cross-examined by MR. PAYNE. Q. How long have you known him? A. Seven or eight years—I do not know of his being in distress—he was never in my service—I knew him in business.
GUILTY. Aged 38.—Recommended to mercy. — Confined Two Years.
Before Mr. Baron Gurney.
1080. CHARLES POND and GEORGE DREW were indicted for burglariously breaking and entering the dwelling-house of John William Reeve, about the hour of twelve in the night of the 1st of March, at St. Faith under St. Paul, with intent to steal, and stealing therein, 1 coat, value 1l. 10s.; 1 shawl, value 5s.; and 2 pairs of gloves, value 2s.; the goods of Joseph Tredgett: 1 handkerchief, value 4s.; 2 punch-ladies, value 1l. 10s.; 7 spoons, value 1l.; 1 pair of sugar-tongs, value 10s.; 2 billiard-balls, value 5s.; 11b. weight of cigars, value 1l.; 8 half-crowns, 4l. shillings, 30 sixpences, and 17s. 6d. in copper monies, the property of the said John William Reeve: and SARAH HERBERT , for feloniously receiving 1 handkerchief, value 4s., part of the said goods, well knowing it to have been stolen; against the Statute, &c,: to which
POND pleaded GUILTY . Aged 16.— Transported for Ten Years.
JOHN WILLIAM REEVE . I live at the Bell Inn, Newgate-market, in the parish of St. Faith under St. Paul. On the night of the 1st of March, I went to bed about ten o'clock—my house was not closed then—my wife was the last person up—next morning, at three o'clock, I was alarmed by the lad who gets up at three—I found the bar-door open, and the till had been taken out—the drawer in the bar-parlour had the lock forced open, and some silver money taken out, and some copper taken from the ledge by the side—I missed seven silver tea-spoons, two punch-ladles, a silk handkerchief, some cigars and sheroots, a great-coat, a shawl, two pairs of gloves, two billiard-balls, and a pair of sugar-tongs—they were all taken out of the bar-parlour, except what was taken from the till—it appeared the persons had come in at the coffee-room window—there were no marks of violence there—the window was generally not fastened, as we are enclosed by gates each way, and it is in general left a little open—I found a panel had been taken out of the bar-door, which is usually locked at night—the panel was taken out of the top, which shoves up, and then they had unbolted it to let themselves in—the prisoner Pond had been in my service, and left me last August—the two other prisoners I know nothing of.
the 27th of March, the prisoner Pond came to my house and surrendered himself—he accused himself of being concerned in this robbery.
GEORGE ROLF SCADDING . I am in the service of Mr. Walter, a pawnbroker, of Aldersgate-street. I have a silk handkerchief pawned, to the best of my knowledge, by the female prisoner, on Saturday, the 6th of March, in the name of Ann Herbert—I have known her before, and know several of her family as well—I cannot swear to her being the person positively—I lent 1s. on it.
MRS. REEVE. On the night of the 1st of March, I was the last person up—I went to bed at eleven o'clock—the house was quite safe—the bar-door was shut in the usual way, and locked by myself—in the morning we found the panel taken out of the door, and the door open.
FREDERICK JOHN WOOD . I am assistant to Mr. Rosier, a pawnbroker, in Turner-street. I have a great-coat pawned, to the best of my belief, by the prisoner Drew, on the 2nd of March, for 10s., in the name of Thomas Brown—I did not know him before—I certainly believe him to be the person—I asked him where he lived—he gave me No. 8, Peter-street.
Cross-examined by MR. PAYNE. Q. I suppose a great many people come to your shop? A. Yes—we only take the name and address—we do not put a description of the party—I cannot swear to him positively—it is possible I might be mistaken.
J. W. REEVE re-examined. This is my handkerchief—the mark is picked out—here is the fellow one to it.
Cross-examined. Q. What is the whole amount of property you lost? A. About 7l. or 8l.
MRS. REEVE re-examined. I know this handkerchief to be my husband's—I know it by my own work of the marking—I can see where it has been picked out.
Cross-examined. Q. You cannot tell it is your marking that was there? A. I have no hesitation in swearing to it.
Cross-examined. Q. Are you quite sure it is yours? A. Quite—I have had it a year.
JOHN DEAR . I am a City policeman. I took Drew into custody on Saturday evening, the 27th of March, in Farringdon-street—I searched Herbert's lodging—I knew it to be hers from information I received—I did not find her there—she was then in custody—I do not, of my own knowledge, know it to be her lodging.
DREW and HERBERT— NOT GUILTY .
1081. WILLIAM HAMMOND was indicted for that he, on the 27th of February, being employed in the Post-office, feloniously did steal a certain post letter, containing 1 5l. Bank-note, and 2 sovereigns, the moneys of her Majesty's Postmaster-General: five other Counts varying the manner of laying the charge; and RICHARD HAMMOND , for feloniously receiving the said note, well knowing it to have been stolen; against the Statute, &c.; to which
W. HAMMOND pleaded GUILTY .— Confined Twelve Months; one week in each month solitary.
MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.
CHARLES NASH . On the 27th of February I was in London—I wrote a letter to Mr. Avent, a friend of mine, and enclosed in it a 5l. Bank-note, and two sovereigns—I made a memorandum of the number of the note—I believe it was 6991 L B—I gave the letter to Mr. Davis the same day, directed to Mr. Avent, No. 78, Duke-street, Devonport.
ISAAC DAVIS . I am a solicitor, and live in Piccadilly. On the 27th of February, I took a letter to the post-office in Jermyn-street, for Mr. Nash—I gave it to the prisoner William Hammond, who was in the shop—he weighed it by my desire—it came to 2d.—I left it with him between eleven o'clock and two, I think.
WILLIAM JAMES LAMB . I am a clerk in the Two-penny Post-office—a letter put in at the receiving-house in Jermyn-street, between twelve and two o'clock, should arrive at St. Martin's-le-Grand about half-past two—I received the letters that day from Jermyn-street—I counted them up, and found them to agree with the statement sent with them—this letter, if among them, would be forwarded that evening.
WILLIAM BLOTT . I am a clerk in the General Post-office. A letter addressed to Devonport, on Saturday evening, the 27th of February, should arrive at Devonport about half-past four o'clock the next day—it could not have left London on Saturday night, and returned up by Monday morning—not by the mail.
HENRY FINCH . I am a licensed victualler in Middle-row, Holborn. I gave change for the 5l. note now produced, to a lad named Webb, in the employ of Mr. Lloyd, a solicitor, in Staples' Inn—I wrote on it at the time, "Lloyd, Staples' Inn."
CHARLES WEBB . I am clerk to Mr. Lloyd, a solicitor. I got change for a Bank-note at Finch's—I received it from Richard Hammond—I saw him at the comer of Staples' Inn, on Monday morning, the 1st of March, about a quarter-past ten o'clock—he asked me if I would get him change for a 5l. note—I said I would go and try—I went to Mr. Finch's, and got it, and gave him the change—on the following Monday, I saw him again at the same place—he asked me if I gave any name when I got change for the note—I told him, "Yes, I gave my master's name, Mr. Lloyd"—he said, he did not know whether it was a good one or not, a sailor had given it to him to get it changed, and gave him 1s. for doing so—he gave me a glass of ale.
ADAM CLARK . I keep the post-office receiving-house, in Jermyn-street. The prisoner William was my apprentice—it was his duty occasionally to receive the letters which were brought—on the 13th of March I was at home when he was taken into custody—about a quarter of an hour after, the officer came back with him, he pointed to the corner of the shop where he works, and there the officer took up a bag containing three sovereigns.
Cross-examined by MR. CLARKSON. Q. How long has he been your apprentice? A. Nearly four years—I never knew him get a note changed for me—I will not undertake to swear I never sent him for change, but I cannot recollect any instance, and I think I should if it had happened.
COURT. Q. Did you send him for any change on the 1st of March? A. Certainly not.
THOMAS PHILLIPS . I am a clerk in the Solicitor's department of the Post-office. On Saturday, the 13th of March, I was present when Richard Hammond was brought there—Peak the officer was there, and another
gentleman—no inducement was used to persuade him to say any thing, nor any threats—he was asked where he got the note from, that be had given Webb to change—he said, as he was going on an errand the Monday week before, he met a gentleman near Fetter-lane, who asked him to get change for a 5l. note for him, that he did so, and the gentleman gave him 1s. for his trouble, that he tried to get change for it before he gave it to Webb—he was asked if he had a brother living with Mr. Clark—he said, "Yes"—he was then cautioned and told the circumstance of the note being enclosed in a letter, on Saturday, and being in his possession on Monday morning, and told he might give any explanation he thought proper, but it would be taken down and used against him—he then said be would tell the truth, that on the Monday week previous, about a quarter before seven o'clock, his brother and he were in Cheapside, as they were going to together to work, his brother William asked him if he was going home to dinner, because he had got a 5l. Bank-note to get changed, he said "Yes," his brother gave him the 5l. Bank-note, and he afterwards gave it to Webb to get changed, that in the evening be gave his brother the change, that he did not ask him then where he got it, but the next night his brother told him how he got it—he did not say how, but said, "That is all I have to say"—Richard Hammond lives in a court in the Minories.
MATTHEW PEAK . I am a police-constable employed at the Post-office. On Saturday evening, the 13th of March, I took both the prisoners into custody, Richard at the Post-office, and William at Mr. Clark's—I had a conversation with William, but Richard was not then present—William took me back to Mr. Clark's, pointed out a place to me, and there I found three sovereigns in a little bag.
R. HAMMOND— NOT GUILTY .
Before Mr. Baron Gurney.
1082. EMMA HARLING was indicted , for that she, on the 12th of February, upon a certain female child (now deceased) feloniously did mike an assault, and did attempt to suffocate and drown it by casting and throwing it into the soil, water, and filth of a certain privy, with intent feloniously, wilfully, and of her malice aforethought, to kill and murder the said child.
MR. BODKIN conducted the Prosecution.
LYDIA LEMOYNE . I keep a ladies' school in Canonbury-lane, Islington. The prisoner was my cook—on the 23rd of February, a little after eight o'clock in the evening, I saw her in the kitchen sitting by the fire, complaining of violent pains in her back—I spoke to Mr. Semple, a medical man, who happened to be in the house at the time—I went to the privy, which is in the garden, immediately after speaking to Mr. Semple, and saw some ashes or mould had been recently thrown down on the soil—I had a candle with me, and besides the mould, there were two or three garden-pots, or parts of garden-pots thrown there—I beard no noise—I then came back into the house, and went to the prisoner with Mr. Semple—she was still in the kitchen—Mr. Semple asked her if she was in the family way, or had been so—she denied it—he remarked some appearance of blood on her arm, which she said was occasioned by salting some beef, which I contradicted, as I had salted it myself—she complained of being
very unwell and very sick—Mr. Semple said she had better confess—she said she had nothing to confess—I saw part of the floor of the kitchen had been recently washed between where she sat and the door—her sister was in my service as housemaid—after this conversation, I went to the privy again with her sister, and then heard the cry of a child in the cesspool—I immediately called Mr. Semple, who accompanied me to the place, and with some difficulty extricated a female child with a pair of tongs—I thought it was dead, but Mr. Semple restored it by means which he used—I had seen two baskets of cinders in the scullery that day, and after this search, I saw one of them was empty.
Cross-examined by MR. CLARKSON. Q. How long had she been in your service? A. Nearly twelve months.
WILLIAM SEMPLE . I am a surgeon, and live at Islington. I was at Miss Lemoyne's house on the night in question, and at her request went down into the kitchen to the prisoner, who was sitting by the fire in a state of very considerable exhaustion—I examined her externally, and found some flabbiness about the abdomen—I saw a good deal of blood on her arms, and suspected she bad delivered herself—I asked whether she had been in the family way, and whether she was married—she said "No"—I said, I suspected she had been delivering herself, and it would be well if she would say, and she had better say so to her mistress, as something might be done, thinking the child might be in the house, but she said, "No"—I afterwards went to the privy, and took the child out—it was a female—I found it lying partly on its back and partly on its side; the legs only were seen above the soil; the head and upper part of the body were buried with the ashes and mould—it was apparently dead, but I had heard an indistinct moaning before I took it out—I used a warm bath and friction, and ultimately restored it—I found the placenta in the cesspool, just by the child—the umbilical cord was torn—Miss Lemoyne asked the prisoner, in my hearing, if she knew why the mould and ashes were thrown down—she said, she had not thrown any down for many days before—this was before the child was found.
Cross-examined by MR. CLARKSON. Q. Have you had much experience in delivering women? A. I have—I never knew of a woman being delivered involuntarily and almost unconsciously, but have heard such a fact; I believe it sometimes does occur in small abortive children—I have known instances of delivery so rapid, that persons have been unable to obtain assistance in time—I can suppose there may be sensations, previous to delivery, very similar to an inclination to go to the closet.
MR. BODKIN. Q. Was this a full grown child? A. Yes.
ELIZA HARLING . I am the prisoner's sister, and housemaid to Miss Lemoyne. On the evening in question I noticed my sister going to the privy twice—I had no reason to believe she was in the family way—I did not see any thing come from her in the kitchen—that evening I saw some blood on the floor—I did not see where it came from—she was before the kitchen fire at the time—the blood was against the kitchen door—I cleaned it up—nobody desired me to do so—I knew my sister was ill, but did not know what was the matter with her—I asked her; she said she should get better, and did not tell me—I saw her carry some ashes in a shovel that evening out at the back door which leads to the privy.
Cross-examined. Q. You never had reason to suppose she was in the
family way, and you slept with her every night up to this time? A. I slept with her.
MISS LEMOYNE re-examined. I always thought the prisoner extremely kind to children, but I have none under my care under twelve years old—I have seen her very kind to the children at my house occasionally.
ROBERT SEMPLE . I am surgeon of the parish of Islington. I saw the prisoner, on the Monday following the Saturday, in the workhouse—I examined her person—in my judgment she had recently been delivered of a child—she was then suckling the child—I attended the child until its death—it lived about eleven days—its death was owing to diarrhoea, and had no reference to what had taken place—on the morning I saw her suckling the child, I told her it was a sad business—I cannot take upon myself to say what she said—she did not say much—she said the was single.
JAMES FINK . I am a policeman. I was called to Miss Lemoyne's house on the 12th of February, and found the prisoner in the kitchen about a quarter to ten o'clock—I went to the privy, and saw some garden-pots, and a quantity of cinders and mould on the surface of the soil—I took the prisoner and child to the workhouse that night—the prisoner told me, when I found her in bed at the house, that it was her child, and she had dropped it in the privy—I asked her if she bad thrown it in or dropped it—she said she had dropped it in.
MR. CLARKSON to ROBERT SEMPLE. Q. Did she appear to treat the child with kindness until it died? A. Yes—she herself required about three weeks medical attendance.
MISS LEMOYNE re-examined. I found no preparation made for a child—no linen or clothes at all.
GUILTY. Aged 23.—Recommended to mercy. — Transported for Fifteen Years.
1083. JOHN THORNE was indicted for forging, on the 24th of February, an undertaking for the payment of 2l. 7s. 8d. with intent to defraud James Lys Seager and others.—2nd COUNT, for uttering the same.—Other COUNTS, calling it a warrant, and an order.
MR. BODKIN conducted the Prosecution.
WILLIAM THOMAS WALKER . I am a ticket-porter. On the 24th of February I was near the Judges' entrance to the Court of Queen's Bench—I hold an office there—the prisoner came up to me, and asked if I was a ticket-porter—I said, "Yes"—he told me to go to Mr. Seager's the distillers, with a letter and memorandum, which be gave me—he told me I was to receive 2l. 7s. 8d. and bring it to Oliver's Coffee-house, which is at the foot of Westminster-bridge—I went to Seager and Evans's distillery, and showed the letter and memorandum to Mr. Seager and the clerk—I told them how I became possessed of it, and they gave me 2l. 7s. 8d.—Mr. Seager went out before me—I went in the direction of Oliver's Coffee-house—the prisoner met me on the terrace in New Palace-yard, and said "Are you the porter I sent?"—I said, "Yes," and gave him the money—he gave me 1s. back for my trouble—I said, "I beg your pardon, sir, you cannot go any further, you are my prisoner"—Mr. Seager and the policeman came up afterwards, and he was taken into custody, and "the 2l. 6s. 8d. taken out of his hand, deducting the 1s. he gave me.
GEORGE HABER . I am clerk to James Lye Seager and Mr. Evans—there is more than one partner—T. D. Chappell, of Taunton, is a customer of ours—on the 23rd of January we forwarded two puncheons of gin to him—they were sent by our van to the wharf—the name of seager and Evans was on the van, and, on each puncheon, "T. D. Chappell, Taunton, Somerset"—any body in the street could read it—next day, the 24th, Walker came to the distillery with this letter, and the memorandum which is appended to it—I asked him some questions—Mr. Seager was standing behind him—in consequence of what passed, I gave him 2l. 7s. 8d., having marked it first, by Mr. Seager's directions—this order was not quite separated from the letter when it was brought—Mr. Seager went out before Walker.
JAMES LYS SEAGER . Our house has a customer named Chappell, of Taunton—in February we had an account open with him. On the 24th of February I was present when Walker brought this paper—in consequence of information, I desired the money to be given to him, and marked—I afterwards went out, and observed Walker go towards Oliver's Coffee-house—he was met by the prisoner—I saw them talking together, and soon after I went up, and had him taken into custody—supposing I believed this to have been the genuine writing of Mr. Chappell, I should have paid the money, that is our practice—it is in the course of business to pay on these requests to country customers.
THOMAS DEAN CHAPPELL . I am a customer of Seager and Evans, and live at Taunton, Somerset—I received some goods from them, which arrived in March—this letter was not written by the, nor by my authority— I have no knowledge of it whatever—I do not know a Mr. Bennett—there is nobody else of my name in Taunton of the same business.
WILLIAM JEAFFRESON . I am a policeman. On the 24th of February I was called to the prisoner, and asked his address—he refused giving either his name or address—I have the money which was found on him.
(The letter and order were here read, as follows:—" To Mr. Bennett, Lower Thames-street, London, enclosed in case. Taunton, 20th February, 1841. Sir,—I have received your letter respecting balance of your account, and beg to say, had any person called, as expected, it would have been paid, I now return the case, with this enclosed, and the amount being so email, I give you, on other side, an order on Messrs. Seager and Co., as per address; and if you will send this to them, they will pay it for me. After deducting case, I make balance 2l. 7s. 8d., and for which please give a receipt. I am, sir, your obedient servant, THOMAS D. CHAPPELL".——"Taunton, Fore-street, 20th February, 1841. Messrs. Seager, Evans, and Co. Gentlemen, I shall feel obliged by your paying Mr. Bennett the sum of 2l. 7s. 8d., and debiting me with the same. You will please have a receipt, and add the amount to invoice of order on hand. I am, &c., T. D. CHAPPELL.—Distillery, Milbank, Westminster, London." (Across the above order was written "24th Feb. 1841. Received 2l. 7s. 8d. T. BENNETT.")
GUILTY of Uttering. Aged 23.— Judgment respited.
(There were two other indictments against the prisoner.)
1084. JOHN BROWN, alias Bacon, was indicted for stealing, on the 2nd of March, at St. George's, 1 watch, value 16l.; 1 guard-chain, value 3l. 12s.; 2 watch keys, value 8s.; and 2 split rings, value 2s.,; the goods of John Thomas, in the dwelling-house of John Waters.
JOHN THOMAS . I lodge at No. 34, Wellclose-square, with Mrs. Waters—her husband's name is John—the prisoner lodged in the same house—he came on the Saturday night before the 2nd of March, and left on Tuesday morning, the 2nd of March—the prisoner was in my company on Monday night—he slept in the room above me—I left my watch and guard on the drawers in my bed-room at midnight—the gold rings and keys were on the guard—I had left the prisoner on Monday about midnight—I did not fasten my door—I awoke in the morning about half-past six o'clock, and missed them—I found the prisoner was gone too—I went to the Mansion-house last Monday-week on ship's duty, and saw the prisoner brought up there in custody.
JAMES FAULKNER . I am shop-boy to Mr. Wood, a pawnbroker in St. John-street, Clerkenwell. I have a silver watch, pawned by the prisoner, on the 6th of March, in the name of John Bacon, lodger, London-docks, for 3l.—I was present when he pawned it, but I did not take it in.
WILLIAM HENRY BAYFIELD . I am a pawnbroker in Goswell-street—I have a gold-guard chain, which was pawned by the prisoner on the 4th of March, and on the 10th he came and had more money on it—he had 2l. in all.
THOMAS BELL . About the 4th or 5th of March the prisoner applied to me for a lodging—I referred him to one, but the people were out—he left a watch in my hands, and I lent him money on it—it was not the watch produced—I know the prosecutor's house, it is in the parish of St. George.
JOHN THOMAS re-examined. This watch is mine—it is worth 16l., also this guard-chain, it is worth 4l., and the rings about 30s. with the keys—the watch is a chronometer—I am a seafaring man—it was made fox me at Liverpool.
Prisoner's Defence. That watch belongs to me—I bought it and paid for it—it was made in Liverpool, as the witness says—I had two watches—if I could put my case back, I could call witnesses to prove it.
GUILTY . Aged 36.— Transported for Fourteen Years.
There were four other indictments against the prisoner;
1085. FANNY WATTS and ANN POWERS were indicted for stealing, on the 9th of March, at St. George, Hanover-square, 1 box, value 2s.; 4 bonnets, value 8l.; 15 caps, value 9l.; 2 head dresses, value 1l. 6s.; 6 mantillas, value 6l.; 2 cloaks, value 9l.; 2 cloak linings, value 1l. 10s.; 2 shawls, value 1l. 18s.; 1 shirt, value 4s.; 1 pair of boots, value 3s.; 1 boa, value 1l. 10s. 4 spoons, value 12s.; 2 aprons, value 18d.; 1 scarf, value 18d. 1 piece of fur, value 2s.; 1 habit shirt, value 18s.; and 1 handkerchief, value 6d.; the goods of Edward Axford, the master, of the said Fanny Watts, in his dwelling-house.
EDWARD EDWARDS (police-constable E 60.) On the 9th of March, about a quarter-past six o'clock in the morning, I was on duty in the Portland-road, and saw the two prisoners—they passed me—I saw their dresses hanging very loose and confused about their persons—I followed them a few yards, and then asked what they had got—Watts said she thought it very
strange they could not pass along without being questioned by me, and Powers said the same—I told them, however strange they might think it, I considered it my duty to do so, as I thought it bore a very suspicious appearance—Watts then said they were both servants, that they had been living at Brighton, and that they had started from there the previous evening by the coach, which sat them down at the White Horse-celler, Piccadilly, at five o'clock that morning—not feeling satisfied with that account, I took them to the station—they were searched there, and the articles named in the indictment were found on them—they gave the inspector on duty the same account as they gave me—I asked their names—they gave the names of Fanny Watts and Ann Powers—the inspector asked them whether they had any friends in town—Powers said she had a mother living at 28, Duke-street, Bloomsbury—I went there and found her mother—I afterwards found out the prosecutor.
Cross-examined by MR. BALLANTINE. Q. Which of them gave you the account of the property coming from Brighton? A. Watts spoke first—they both gave the same account—I am certain Powers also said they came from Brighton, and she said so at the station also.
EDWARD AXFORD . I keep a milliner's shop in Little Maddox-Street, in the parish of St. George, Hanover-square. The prisoner Watts was in my service or about a fortnight—on Monday evening, the day before the robbery, she went into the country, and was to be back by five o'clock next morning—the came back at four—I let her in, and the other prisoner with her, who I supposed was her sister—she did not say anything to me—I asked her to come in with her sister, and take coffee—they went down into the kitchen together, and I did not see them afterwards till they were at the station—the policeman came to me that morning, and took me there—I missed the articles stated, which are worth upwards of 60l.—they were safe the night before, some in drawers in the show-room, some in boxes, and in different places—they were mostly locked up—they came up, and asked for the keys, which was the general course of a morning.
Cross-examined. Q. Are you able to recognise the things as your property? A. Yes, certainly.
WILLIAM MOODY (police-sergeant.) The prisoners were left in my custody at the station, while Edwards went to make inquiry—Watts burst out crying, and said, "I wish to say something to you"—I said I did not wish to hear any thing, I was afraid it was wrong, and I might be forced to tell it in evidence against her—she said, "It is not our own property, it is the property of my master, at 4, Maddox-street, Bond-street—it was through the persuasions of the other that I have committed this offence, which is the second time that she has persuaded me to commit the like—we have lived servants together at Bedlam"—Powers was present, but made no reply—she kept on walking about and laughing, as if to take no notice.
Cross-examined. Q. Did she not add that Powers had called on her in Maddux-street the afternoon before? A. Not to me, nor in my presence, to my knowledge—she might have done so.
Watts. I am very sorry for what I have done.
(Charles Fear and Jane Fear gave Powers a good character.)
WATTS— GUILTY . Aged 18.
POWERS— GUILTY . Aged 24.
Transported for Fourteen Years.
JAMES APLIN . I am a pauper in Mile-end workhouse, and so were the prisoner and William Spence—the prisoner is sixty-six years of age, and the deceased was seventy-eight—they had had some aggravating words before the day in question—the deceased aggravated first. On the 17th of March, the deceased got up and said be would knock the prisoner's b—y head off—the prisoner said, "Come on"—they collared one another, and wrestled for about ten or fifteen minutes—they capsized a form, and at last the deceased fell, and his head went against the form, by his left ear, very hard—I told him he had better have no more of it—he said he would die first—he could scarcely stand when I lifted him up—they wrestled again, and he got the prisoner down—I did not at that time apprehend that any mischief was done to him—he ate his broth afterwards, but not his bread—this happened between ten and eleven o'clock—at six in the evening he said he was not well, and two men led him to the sick ward—he died between five and six o'clock next morning.
JOHN STOREY . I am a surgeon. I was called in between six and seven o'clock in the evening of the 17th of March—the deceased was in bed, quite insensible—he had several bruises about his face, and one on the left ear, and he was suffering from concussion of the brain—he died next morning—I afterwards opened the head, and found a large quantity of blood effused on the brain, which was quite sufficient to cause his death—falling with his head against a form was no doubt the cause of it.
Prisoner's Defence. I am very sorry—I never thought of doing any such thing—it was not my wish—he was always peeking at me, and calling me bad names—he said he would knock me down—I got up, he struck me, and we knocked one another down.
NOT GUILTY .
1087. HANNAH WORRELL was indicted for feloniously assaulting Mary Ann Conley, on the 10th of February, a female child of the age of seventeen months, (now dead,) and casting and throwing it on the floor of a room, in a certain house, and thereby causing a compound fracture of the right arm, with intent, feloniously, wilfully, and of her malice aforethought, to kill and murder her—2nd COUNT, calling the child Mary Ann Worrell.
THOMAS COLBORN . I act for Mr. Pearce, the landlord of the Duke of York public-house, Chelsea, while he is out of town. About ten o'clock in the evening of the 10th of February, I saw the prisoner in the house with a female child in her arms, about sixteen or seventeen months old—she threw it violently on the ground—it was picked up and put in her arms again—she threw it down a second time, saying, "You little b—would not mind two years for you; I wish you were dead before the morning"—a woman picked it up, and as she was giving it to her, the prisoner made a grasp at its throat—I prevented her by laying hold of her, but she caught its arm and gave it a pull, and I rather think she dislocated it at the time—we got it away as well as we could, and got her on the ground, where I held her till the policeman came and took her into custody.
Cross-examined by MR. PHILLIPS. Q. In what state was the prisoner? A. She was in a very great passion—I did not perceive that she was the worse for liquor—she was not, to my knowledge—(looking at his deposition) —this is my name and handwriting—(the witness's deposition being read stated, "she appeared the worse for liquor")—I perceived she was the worse for liquor afterwards—I did not properly understand you—I have no doubt she was the worse for liquor—I suppose the child was her own—
there were several persons present at the time—none of them are here to my knowledge.
GUILTY of an Assault. Aged 28.— Confined Twelve Months.
1088. CHARLES GOUGH , was indicted for unlawfully, maliciously, and feloniously assaulting John Byrne, on the 26th March, and wounding him on the head with intent to do him some grievous bodily harm—2nd COUNT, stating his intent to be to disable him.
MESSRS. CLARKSON, BULLOCK, and GURNET conducted the Prosecution.
JOHN BYRNE . I am a City policeman. I live at No. 4, Rolls Buildings, within the Liberty of the Rolls—the prisoner lived on the same floor with his wife. On the 26th of March, between eight and nine o'clock in the morning, I was in bed, and was awoke by hearing cries of murder, and the screams of children proceeding from the prisoner's room—it was his wife's voice—I had often heard it before—I jumped out of bed, dressed myself hastily, and proceeded to their room—I had scarcely opened my own room door, when I saw the wife running as if making her escape from the prisoner's room, with a child in her arms—I went inside the door of his room, and told him to consider himself in custody—I had on my trowsere and boots at that time, and my arms through my coat, which I was buttoning up—the prisoner was standing in the centre of the room—he said, "Leave the room, sir, you are not on duly"—I told him I was always on duty, and pointed to my uniform—he then ran to the fire-place, while he was going there I called to the parties outside the door to run down and fetch assistance—I had scarcely said the words when the prisoner ran at me with the poker, striking at me with it—he did not strike me then—I closed with him for the purpose of taking the poker from him, upon which he got one arm round my waist, and struck me on the back of the head four or five times with the poker now produced—it is bent now, but it appeared perfectly straight when he had it in his hand first—I still kept hold of him, and brought him outside the door on the landing—I was there assisted by Mr. Grogan—he then said he would go easily with me—I requested Grogan to come to the station with me to explain his conduct—Grogan went up to put on his coat and shoes—he had no sooner turned his back than the prisoner commenced beating me about the head with his fist—(he had thrown away the poker in the room)—after striking me several times he flung himself down the first flight of stairs and effected his escape—I followed him to Lee's-buildings—I lost sight of him there and returned—I had my head dressed at Mr. Winpenny's, a surgeon, in Fetter-lane—it was cut about two inches, in two or three places, besides a cut on my cheek—I cannot say how that was done—I went to St. Bartholomew's Hospital, and saw the house-surgeon, who has been attending me ever since—I am taking medicine now from him.
Cross-examined by MR. PHILLIPS. Q. Have you told the entire of this? A. I believe so—I had my truncheon under my arm—I did not draw it to defend myself—(looking at his deposition) this is my signature—it was read over to me before I signed it—(The witness's deposition being read, stated, "He took up the poker, I drew my truncheon to defend myself")—what I meant by drawing my truncheon was holding it up to prevent
the blow coming on my head—I did say I held it up, but I had it under my arm perfectly useless, and held it up to protect myself from the blow coming on my head—I was in such a dreadful state before the Magistrate, from the wounds I had received, that I did not know so very minutely what I was saying, but that was what I meant by drawing my truncheon.
JOSEPH GROGAN . I am a tailor, and live in this house. On the 26th of March, about half-past eight o'clock in the morning, I was disturbed by cries of murder and the screams of a woman and children proceeding from the prisoner's room—I went down stairs, and saw Byrne coming out of his room in the act of putting on his great-coat—I saw the prisoner's wife run out of her room, and run up stairs—Byrne then went inside the door and told the prisoner he must consider himself in custody—the prisoner ordered him to leave the room, told him he had no right to he there, as he was not on duty, and asked him his authority—Byrne pointed to the number on his coat, held his staff in his hand, and told him that was his authority—he refused to leave the room—the prisoner took up the poker, and asked him again to leave the room, be had no right there—while I was in the act of putting on my things, to go for a policeman at Byrne's request, the prisoner struck at him with the poker—Byrne tried to parry the blow, which he partly succeeded in doing—after the blow was made, there was a simultaneous rush, they closed, and I saw the prisoner strike Byrne three or four times on the back of the head with the poker—I then went for assistance, and when I returned I saw Byrne bleeding profusely from the head—the prisoner had escaped.
WILLIAM PIERES OOMEROD . I am house-surgeon at Bartholomew's hospital. On the 26th of March, from half-past-nine to eleven o'clock, I saw Byrne at the hospital—I examined his head—there was a wound about two inches long on the back and left side of the bead, not extending to the bone—there was a smaller wound very near it, one wound on the cheek, which bad been already dressed, and one slight wound I subsequently discovered very near the two other wounds at the back of the head—from the locality and appearance of those wounds they might be attended with danger—I have seen fatal consequences ensue from wounds in that situation, and not more severe than them—the skin was divided in two of those wounds—such wounds might be. inflicted by such an instrument as this poker—the man is still under my care—he has been cupped once.
Cross-examined. Q. I suppose you have done every thing necessary to be done? A. Yes—he has been confined to his bed, not to the hospital.
(The prisoner received a good character.)
GUILTY of an Assault.— Confined Twelve Months.
1089. ANN MOORE was indicted for unlawfully, maliciously, and feloniously assaulting Mary Moore, on the 27th of February, and cutting and wounding her on her head, with intent to do her some grievous bodily harm.
MR. CLARKSON conducted the Prosecution.
MARY MOORE . I am eight years old; the prisoner is my mother. In February last I lived with her at No. 8, Molyneux-street—a man named Addis used to live with her—on Saturday, the 27th of February, about by bed-time, I was standing in the room, and she took up the tongs and beat my head—I do not know why she did it—I had not done any thing to her
or been naughty at all—my mother was sober—Addis was not there at the time—this was after tea and dark, but we had a light in the room—. she did not say any thing when she struck me—she hit me on the side of the head—it bled, and she put some salt on it, which she got from the cupboard—I am quite sure I had not been behaving ill—I staid at home some days after that—I know Mrs. Jones—she used to live in the house—I do not know whether she was at home the night I was cut on the head.
Cross-examined by MR. PAYNE. Q. Who lives in the house besides your mother, you, and Addis? A. Mrs. Jones, Mr. and Mrs. Simmonds, Mrs. Hancock, Mrs. Cooper, and Mrs. Somerfield—Addis has beat me as well as my mother—Mrs. Jones has never beat me, I am sure of that— Addis beats me when he is tipsy—I am never naughty, and never do any thing wrong—I went to St. Mary's school—my mother took me away—they did not turn me out—I worked for my mother, and helped her—I never tell stories—I did not tell any body about this at the time—I did not scream out—my mother and Addis have never told me I was a naughty girl—nobody has told me what I was to say here—I have not had any talk with any body about it.
MR. CLARKSON. Q. Were yon taken before the Justice to tell what hid happened to yon? A. Yes—I answered the questions that were asked me.
ELLEN JONES . I am the wife of William Jones, and rent this house. The prisoner was a lodger of mine for upwards of twelve months—she lived with a man named Addis—she had two children when she first took my place, as a widow—this little girl came with her originally—I saw the child when Simmonds was about to take it away—its head was cut very much indeed—I have often heard the child cry—I do not know any thing about the Saturday evening in question—I was not in the room—I did not see the cut on the child's head till the Friday when she was taken away.
Cross-examined. Q. Do you know whether she is a good little girl or not? A. As to her goodness, I do not know, she is but a child—she has worked very hard, to my knowledge—she was brought up to tell lies by her mother and Addis—I do not know whether I was at home that Saturday night—I will not swear whether I was or not—I live in the front parlour, and the prisoner lives in the back kitchen—I could hear the child scream out if my door was not shut—I have known Addis often beat the child—I beat her once myself, but it was in her mother's presence, for thieving, as her mother told me, taking something to eat, not of mine, but of her mother's—I beat her for fear the mother might beat her too much—I have not told the child what to say—I have not had any conversation with her on the subject—she never told any lies to me—I have only heard her mother say so—I have heard her mother tell her to tell lies—I allowed the prisoner to live in my house so long out of compassion, finding she was in the family way, I did not like to turn her but in the winter—she did not live with Addis when she first came—he came there to turn the mangle for her—he did not sleep there at first, to my knowledge—he might have slept there without my knowing it—I never quarrelled with the prisoner—I have gone down and made peace between her and Addis when they were quarrelling —Simmonds and his wife lodge in the adjoining room to mine—their room is nearer to the prisoner's than mine.
its head was in a dreadful state, and also its body—it was taken to the workhouse, examined by Mr. Boyd, and taken care of—I know nothing of what took place on the Saturday evening.
Cross-examined. Q. Was this the first time you took notice of any thing done to the child? A. I did not take any notice before—I am generally out at night on duty, and at home in the day—I cannot say whether I was at home on this Saturday night—my wife was—she is not here—a great many persons live in the house.
MR. CLARKSON. Q. Is your wife in the family way? A. Yes, very heavy, and that is the reason she was not bound over.
ROBERT BOYD . I am a surgeon. I examined the child at Marylebone workhouse, on Friday, the 5th of March—there was a wound on the head in the process of healing, and on the left side a smaller wound, which I afterwards saw when the head was shaved—I think the wound in the process of healing might have been inflicted with a pair of tongs—the child has been in the infirmary ever since.
Cross-examined. Q. About what standing did the wound appear? A. It might have been inflicted a week, ten days, or a fortnight before, I cannot say exactly—she had also bruises on her body and back, and appeared to have been very ill used—one eye was closed.
GUILTY of an Assault. Aged 38.— Confined Two Years.
NOT GUILTY .
First Jury, before Mr. Common Sergeant.
THOMAS MARK OAKES . I am a dealer in iron, and live in Matthew-street, Finsbury. The prisoner was my servant, and lived at my house—on the 4th of March I gave him four sovereigns to take home to my home, to pay for some iron early next morning to Mr. Christian, in the Cambridge-road, whom I had bought some iron of—I gave him the money to take home, as I was going another way, and did not know what time I should be at home that night, but at last we both went home together—it being wet, I did not go where I intended—I sent him out for something for supper—he brought in part of what I sent him for—I sent him out again—he did not return, and took a few things away—I did not see him again till I found him at the Whittington's Cat, at Highgate, with 2s. 6d. in silver, and 6d. in copper, left—I bad given him some money to fetch the supper—he went away with the four sovereigns.
Cross-examined by MR. HORRY. Q. Where were you when you gave him the money? A. In a public-house settling a bill with a carman—he heard me tell the carman where he was to meet the man at six o'clock in the morning, to go after the iron—we drank a pot of beer with the carman—the prisoner drank a little—I agreed to pay the prisoner 2s. 6d. a day, when he worked—he was to do what I wanted him to do—I have known him about five years—he was something of a navigator—he said he had nothing to eat or drink—I said, I had a job for him, if he liked to do it, he did not come on the day I expected, I went to his lodgings, and asked him to come—when I bought iron, or any thing, I got him to do what I wanted to do—I have no shop—I buy iron and take it to my house to
sell—I am single—the prisoner boarded and lodged with me, and had half-crown a day when he worked—I gave him 1s. at the time I gave him the four sovereigns, for what he bad done—he had had 1s. 6d. before in that week—I got the four sovereigns from a gentleman, who paid me for some iron—I have to pay it back by instalments—the prisoner was with me when I bought the iron of Mr. Perry—Perry trusted me with the iron, but not the money—I got the four sovereigns for some iron which I got at a coach manufactory at Pimlico—I do not know the name of the street—you go through the park to it—I was only there once before—I went there because I knew there was iron there I wanted—I have been to Pimlico perhaps twelve times—I always pay for iron I buy—I got the four sovereigns from the person I sold the iron to in Whitechapel—I had had a good many dealings with the person before—his name is Wells, at the back of the Pavilion—I took the iron from Pimlico there the same day—it was about 1 cwt.—it was taken in a van, and I paid the carman for it—I bought 19 cwt. 3 qrs. 4lbs. of iron of Mr. Perry—I gave 7s. a cwt., and sold it for 7s. 9d., to Wells, who paid me for it—I was to have paid Mr. Perry for it next day or in a day's time, when I got the money—the prisoner was not to pay any of it—he knew nothing about it—he was my servant—he was to have his wages and nothing more—the public-house I was drinking at with the carman and the prisoner, is about one hundred yards from Mr. Wells, at the hack of the Pavilion—I went there about five or six o'clock, and left about an hour after—I had one game of cards there, and I believe the prisoner had a hand—I give him the four sovereigns Were at the table, before we had any thing to drink, when I said the carman—the prisoner was not to have any thing out of the profits of the sale to Mr. Perry—I had not agreed for any particular quantity of iron, but sent four sovereigns.
Cross-examined. Q. Are you a blacksmith? A. Yes—I expected a party to fetch about a ton of iron, for which I was to receive 3l. a ton—Oakes had agreed to purchase it of me—a time was fixed for it to be fetched—I believe the prisoner was outside the door at the time, and could bear the time fixed to fetch it.
(The prisoner received a good character.)
GUILTY. Aged 42.—Recommended to mercy. — Confined Three Months.
1092. MOSES COWDERY was indicted for unlawfully, maliciously, and feloniously assaulting William Abbey, on the 15th of March, and cutting and wounding him upon his head, with intent to do him some grievous bodily harm.
WILLIAM ABBEY . I work for Mr. Boothby, a farmer, at Twyford Abbey, on the other side of Hanger bill Middlesex. On the 15th of March, as I passed the Fox and Goose public-house, at Ealing, about half-past six o'clock in the evening, going Some from my work, the prisoner was waiting against his house with a stick concealed in his pocket—he said he would cut my head off—I had said nothing to him—I had a bill-hook hook and glove in my hand—his wife was with him standing at the door—I threw the bill-hook and glove down in the road, and turned back towards him, expecting he was going to fight with his fists—I got to him and he put his hand into his pocket, pulled the stick out and struck me on
the head—I turned from him expecting he was going to pull out a pistol, and he struck me again as I turned—I do not remember any thing afterwards—I fell, and my head bled very much—I am very giddy now when I get to work—we had had a few words that morning about his getting over Squire Boothby's fence, as he had done it two or three times, and I told him of it that morning, as my master had told me to see who it was got over.
Cross-examined by MR. PHILLIPS. Q. You had no quarrel with him at all? A. No—there was no talk about a rail—he did not give information to Mrs. Douglas about me and a railing, that I know of—I did not give him a blow that morning, and tell him it was a Monday morning's gift for him, and that it was for troubling his head with other people's business; and if the sawyer was afraid to fight him, I was not—I did not say any thing of the kind—I did not jump over a hedge that same day to hit him—I did not challenge him to fight—I chucked the billhook down in the road, expecting he was going to hit me with his fist—he said he would cut my head off, he did not say what with—I expected he was going to strike me with something—I did not put myself in a fighting attitude—I walked towards him, and chucked the billhook away—he was bailed, and has surrendered this evening—he was not sent to gaol.
DANIEL DARVELL . I am a labourer, and live at Appleton, in the parish of Harrow. I was coming from work with Abbey, on the evening of the 15th of March, and as we passed the prisoner's house, his wife abused the prosecutor very much indeed—the prisoner said he would cut his b—head off—the prosecutor turned back, raised his temper up, and turned back to fight the prisoner—the prisoner was coming towards him—he put his left hand in his right-hand pocket, and drew a large stick out—the prosecutor ran away—the prisoner ran after him and knocked him down, within about two yards of me—he hit him on the head, and he laid a few minutes senseless, and bled a great deal—I told him to keep himself quiet, and not mind her abuse.
Cross-examined. Q. What did the prosecutor turn back for? A. Seeing him put his hand into his pocket, he did not know what he was going to draw out—he faced him first, but seeing him put his hand into his pocket, he turned back—the stick was in his shooting-jacket pocket—it was about twenty inches long and four inches round—I do not know what the wife was abusing him for, I did not ask the reason—I work on the same premises as the prosecutor—I do not know that the prisoner complained of the prosecutor's stealing the paling.
COURT. Q. Had you been at work that day together? A. Not exactly in the same field—he had been at work all day on the farm.
JOHN SPRINGHALL . I was present with the prosecutor and Darvell. As I was going by the house from work, the prisoner stood at his gate, and his wife at the door—she called the prosecutor a nasty drunken b—s—and the prisoner said he would cut his b—head off—the prosecutor had his bill and glove—he threw them down and said, "Is that what you mean?" and turned back to meet him—he saw him put his hand into his pocket—the prosecutor then turned back towards me and Darvell, and the prisoner drew a large stick out of his pocket, ran after him, and knocked him down—he bled very much, and laid there four or five minutes—I lifted him up—Darvell said, "Do you know what you have done?
you have half-killed this poor old man"—"A good job," said be, "if I had killed the b—quite."
Cross-examined. Q. Were yon present in the daytime, when the prosecutor said he would give the prisoner a spank in the head, for meddling with other people's business? A. I never beard it—Darvell was close to me when Abbey came up, and said, "Is that what you mean?"—I do not know where the stick is—he ran into his own premises, and put it away—when we brought the policeman, he and his wife were both gone my.
MR. PHILLIPS called
MRS. KIDDY. I was at the Fox and Goose public-house, when the prisoner's father gave the prosecutor 5s.—it was between nine and ten o'clock the same evening.
(The prisoner received a good character.)
GUILTY of an Assault. Aged 23.—Recommended to mercy. — Confined Three Months.
NEW COURT.—Thursday, April 8th, 1841.
Sixth Jury, before Mr. Recorder.
GUILTY . Aged 19.— Confined One Month.
1094. JOHN FEARN was indicted for stealing, on the 20th of March, 1 sovereign, 1 half-sovereign, 7 half-crowns, 5 shillings, and 2 sixpences, the monies of George Arthur Green, his master; to which he pleaded
GUILTY . Aged 19.— Confined One Year.
1095. JAMES FIELDER was indicted for stealing, on the 27th of March, 7lbs. 30z. weight of tea, value 30s.; and 1 bag, value 6d.; the goods of John Richard Andrews and another, his masters; to which he pleaded
GUILTY . Aged 22.— Confined One Year.
1096. CHARLES WYMAN was indicted for stealing, on the 28rd of March, 160lbs. weight of cocoa, value 4l. 10s.; and 1 bag, value 6d.; the goods of Henry Taylor and others, his masters; to which he pleaded
GUILTY . Aged 27.— Confined Six Months.
1097. RICHARD ARCHIBALD DAVIS , and SARAH DAVIS were indicted for stealing, on the 11th of April, 4 tooth-brushes, value 3s.; I nail-brush, value 1s. 6d.; 5 packets of wafers, value 2s. 6d.; 2 boxes of quill nibs, value 3s. 6d.; 2 inkstands, value 3s. 1 box of French wafers, value 6d.; 1 metallic tablet, value 2s.; 1 Russia leather pocketbook, value 8s. 6d.; 1 razor strop, value 2s. 6d.; 4 quires of note paper value 2s.; a quantity of steel pens, value 4s.; 40 pieces of sealing wax, value 2s.; 1 silver capped scent bottle, value 2s.; 1 show-glass, value 1l.; 15 pen-knives, value 7s. 6d.; 1 nail brush, value 2s.; 1 tooth brush, value 1s. pair of tweezers, value 1s.; 1 morocco case, value 4s.; 1 ivory-morandum book, value 1s. 6d.; 1 spectacle case, value 3s. 6d.; 1 ivory-handled penknife, value 1l.; 4 pearl needle book backs, value 5s.; 1 dressing-cases, value 1l.; 1 dressing-case, value 10s.; 3 printed books, value 10s. 6d.; 1 thimble, value 1s. 6d.; 1 printed book, value 3s.; workbox, value 8s.; 1 pair of razors, value 4s.; 1 case, value 1s.; 1 sugarbason, value 9s.; 14 printed books, value 1l. 15s.; 10 razors, value 1l., 3s.; 1 penknife, value 2s.; 1 thimble, value 1s. 6d.; 2 toilet bottles, value 7s.; 1 work-box, value 8s.; 1 cash-box, value 15s.; 5 quires of paper, value 4s.; 1 box, value 1s.; 1 dressing-case, value 4s.; the goods of Mary Savory: and WILLIAM DAVIS , for feloniously receiving 2 dressing-cases, 4 printer-books, 1 work-box, 1 thimble, 6 razors, 1 penknife, value 2s.; 13 printed-books, 2 toilet bottles, 1 sugar basin, and 1 dressing-cases, part of the said goods, well knowing them to have been stolen; against the Statute, &c.; to which
RICHARD ARCHIBALD DAVIS pleaded GUILTY . Aged 20.
Transported for Seven years.
WILLIAM DAVIS pleaded GUILTY . Aged 52.—Transported for
SARAH DAVIS pleaded GUILTY .
1098. RICHARD ARCHIBALD DAVIS , was again indicted for stealing, on the 28th of May, 1 work-box, value 5l. 10s.; 1 pearl handle penknife, value 2s.; 1 pearl stiletto, value 1s. 6d.; 1 pair of scissors, value 4s. 6d.; 1 pearl needle-case, value 3s.; and 1 prayer-book, value 7s. 6d. the goods of Mary Savory, his mistress; likewise, on the 1st of January, 1 work-box, value 4l. 10s., the goods of Mary Savory, his mistress; to both of which he pleaded
GUILTY . Aged 20.— Transported for Seven Years more.
GUILTY . Aged 52. Confined Two Years.
1100. CHRISTOPHER WILLIAM DAVIS , was indicted for stealing, on the 10th of February, 1 pair of nail-scissors, value 2s.; 6 silver thimbles, value 2s.; 4 printed books, value 9s.; 1 work-box, value 5s. 6d. 2 almanacs, value 3s. 6d.; 2 pairs of brushes, value 5s.; 1 case, value 2s.; 2 bolls value 10s.; 3 points, value 1s. 6d.; and various other articles of cutlery and stationery, value 4l. 2s. the goods of Mary Savory, his mistress; to which he pleaded
GUILTY . Aged 18.— Confined Two Years.
GUILTY . Aged 52,— Confined Two Months.
and that be bad been before convicted of felony.
JAMES AYRES . I am servant to Colonel Henry Robert Ferguson, of Wilton-crescent. At a quarter before seven o'clock on the 9th of March, I saw the prisoner on my master's area steps—he asked if a groom lived there named Joseph Nichol—I said, "No"—I missed this pair of my mister's boots in two or three minutes—I went and overtook the prisoner near the corner of Belgrave-square—he had just thrown away one boot, and was running away with the other—I took hold of him as he ran away from a door, and took him back to our own house—he had got one boot in his pocket—he took it out and gave it to the policeman—these are the boots.
Prisoner. Q. What door was it at? A. No. 10, Belgrave-square—I bad placed the boots down stairs about five minutes before—I do not think there was time for them to be taken and sold—they were taken from the dwelling-house.
GUILTY . Aged 22.— Transported for Ten Years.
MESSRS. BODKIN and DOANE conducted the Prosecution.
HANNAH HASLAM . I am the wife of Henry Haslam, a confectioner, in Goswell-street. A little before eight o'clock in the evening of the 10th of March, the prisoner came to my shop for a halfpenny worth of pepperment—she gave me a bad sixpence—I told her so—she said it was the only one she had—I called my husband out of the parlour, and gave it him—he gave it her back—she said she had just taken it at the pawnbroker's—she left, and soon after the officer brought her in—I saw a bit of paper taken from her hand containing five other sixpences.
HENRY HASLAM . On this evening my wife gave me a sixpence, which I returned to the prisoner—soon after she was brought back by the officer—there was a struggle, in which I assisted—I saw him pay his attention to one band, and out of it came five bad sixpences in a "bit of paper.
GEORGE KERSHAW (police-constable G 123.) I was on duty in plain clothes in Goswell-street—I looked in at the prosecutor's shop, and saw Mr. Haslam give the prisoner a piece of money—when the prisoner came out I asked what she had got in her hand—she said 6d.—I asked her to let me look at it—she refused—I said, "You must go back with me"—she refused—I told her I thought the 6d. was a bad one—I called Mr. Haslam—he assisted me—I took her into the shop, and asked her to let me look in the other hand—she refused—after great resistance I got her left-hand open, and found five more sixpences in the paper, in her left-hand.
Prisoners Defence. I met a person I had known two or three years ago—I asked him to lend me two or three halfpence—he said he had not got them, he would lend me sixpence, and there was a young man coming
across, who was tipsy—he had a row with him—he asked me to hold this paper, and I was not aware what was in it.
GEORGE KERSHAW re-examined. The paper had the appearance of being opened—I did not see any young man about there—she made a statement at Worship-street, the same as now, but she did not at the moment—she said in going to the station it was the first time she bad been out.
JURY. Q. Had you any reason for watching? A. There is so much bad money passed about there, that I was put there in plain clothes to watch persons.
GUILTY . Aged 22.— Confined Six Months.
MESSRS. BODKIN and DOANE conducted the Prosecution.
SETH BULL . I keep the Black Bull inn at Kingsland. On the 26th of March, the prisoner came for a half-pint of beer between five and six o'clock in the evening—he gave me a bad shilling—I told him it was bad—he wished me to give it him back, but I detained it on account of his offering me bad money before—I put it on a shelf by itself—he paid me 1d. for the beer—I told him he was a emdash—he then went away—I informed Granger, and in a half an hour afterwards the inspector came—I gave him part of the shilling—I bit a piece off it, and marked it, and gave it him.
Prisoner. I gave you another shilling—I only had 2 shillings—I told you to let me look at that—you said if I was not off, you would give me in charge, and I thought I had better go. Witness. It is false decidedly—he gave me a penny piece.
GEORGE GRANGER (police-constable N 191.) I received information. from Mr. Bull—I went to the Cock and Castle, and found the prisoner there drinking half a pint of beer—I asked if he was at the Bull a little while before—he said he was—I said he must go with me, and I took hold of he cuff—he said he had not done much—I took him to the station—I found on him a bad shilling, a good sixpence, a fourpenny piece, and 3 1/2 d. in copper—I gave the bad shilling to Mr. Pritchard the inspector—the prisoner said he was not aware he bad it.
BENJAMIN PRITCHARD . I am an inspector of the N division. The prisoner was brought in, and searched in my presence—I saw this bad shilling found in his pocket—I went to Mr. Bull's, and received part of a broken shilling.
Prisoner's Defence. I changed a half-crown for my breakfast in the Vauxhall-road—I gave Mr. Bull a shilling—he said it was bad—I said it was more than I was aware of, and asked him to let me look at it—he said "No, I shall detain it"—I gave him another shilling—he gave me a sixpence, a fourpenny piece, and a penny.
(The prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy. — Confined Three Months.
JOSEPH STEPHEN READ . I live at St. Mary-at-Hill. On the 15th of March, about three o'clock in the afternoon, I was called down into my shop, and found the prisoner there—he wanted something, and did not know what—I told him to make up his mind—he at last said he would
have 6d. worth of cord—he put down 2 1/2 d.—he said he had not halfpence enough, and must have change—he then put down a 5s. piece—I said, "It is a had one, you scoundrel, and I have a great mind to and you to the Compter, and you shall go"—I took him down Thames-street, till I met an officer, and gave him in charge—in going along, the mob said had swallowed some money—I noticed his countenance—he appealed as if be bad done so—he could not speak, and appeared to choke.
JOHN WILLIAM RATCLIFFE (police-constable C 549.) I produced the prisoner at the corner of Fish-street-be looked very red in the face—I felt, but could find nothing—in going along he spat once or twice, and I shook him—he Drought a quantity of stuff off his stomach and a 5s. piece—he picked it up and tried to throw it away—I knocked down his hand, and took the 5s. place out of the gutter—he said to the persons round, "You b—y thieves why don't you make away with it?"
Prisoner's Defence. I was in Thames-street, a man asked me to go and get a piece of cord to tie up come thing, and he would give me half—crown for half a day's work—he gave me the crown piece—I went and asked for a small rope-be said he had not got one—he said he could cat me one—I was considering how long to have it—I told him about twelve yards—he cut it me—I took the halfpence out to give him the crown piece—he said it was a bad one—I said I would go back to the man I had it of.
GUILTY . Aged 23.— Confined One Year.
MARIA HUNT . My father is a licensed victualler, and lives in salisbury-court. On the 3rd of March, the prisoner came for 1d. worth of gin—she gave me a sixpence—I gave her change, and she went out—I thought it was and gave it to my brother—another woman then came into the house and after she left, my brother left the house.
CHARLES HUNT . I gave the some sixpence to the officer Burgess—after the prisoner left, another woman came in—I followed the other woman, and saw ber in company with the prisoner in St. Bride's-passage—the officer took them to the station.
EDWIN BURGESS (City police-constable, No. 320.) I was on duty—I took the prisoner and the other woman to the station—I recieved a six-pence from Mr. Hunt—I found on the prisoner 6d. in halfpence, and a bad sixpence in her hand—I took her about five minutes after she had been to Mr. Hunt's.
Prisoner's Defence. I was waiting At We corner of Bride's-passage with a friend; an old woman came, who bad got something in her hand looking at it; she asked me if it was a bad sixpence; I had it in my hand I was in no public-house that day.
GUILTY . Aged 30,— Confined Six Months.
JOHN WILLIAM CLARK . I keep a coffee and chop-house in Tabernacle-square. On the evening of the 31st of March the prisoner came, about eight o'clock, for a cup of coffee, which came to 1d.—he gave roe a six-pence—I put it into my waistcoat pocket, where I had no other sixpence—I had some shillings there—I gave him change—he went away—another person came in soon after the prisoner for a cup of coffee—I received from that person a sixpence, which I put into the same pocket—I had no other sixpence but these two—shortly after, having occasion to give change, I found the two sixpences were counterfeit—I took them into the bar, and put them into a bag by themselves—the next night, about the same time, the prisoner came, and called for a cup of coffee—he gave me a sixpence—I saw it was bad—my eyes were towards the door, and I discovered there the same person who gave me the other sixpence the night before—I went to the door—the other man made a rush out—I caught him, and brought him back—the prisoner was still in the coffee-room, but he then went out, and tried to get away—I held them both—I asked a person to go for a policeman—the prisoner tried to get over the railings of the court-yard—I detained them till the policeman came—I gave the three sixpences to the policeman—while I was holding the other in the yard he took something out of his waistcoat pocket, and swallowed it—I kept the last sixpence in my hand till I gave it to the policeman.
WILLIAM PETO (police-constable G 198.) I found the prisoner and the other man in the custody of Clark—the prisoner said he had never been there before—I took them into a coffee-house, and found on the prisoner three halfpence and two cents—the other one kicked me—I fell, and he made his escape—I received these three sixpences from Clark.
GUILTY . Aged 24.— Confined Six Months.
GUILTY . Aged 27.— Confined Six Months.
BUCKLEY— NOT GUILTY .
1109. GEORGE STREET was indicted for stealing, on the 6th of March, 2 nosebags, value 5s. 6d.; and 3 pecks of a certain mixture, consisting of oats and chaff, value 1s. 6d.; the goods of William Henry Whitbread and others.
THOMAS SELBY . I am a horse-keeper, and live in White Lion-yard, in the service of William Henry Whitbread and others. On the morning of the 6th of March I was in Chiswell-street, about six o'clock—I heard an alarm, and missed two nosebags from the dray—they contained oats and chaff mixed, which was for the horses—I went to Feathertone-street station—I saw the nosebags there, and the prisoner in charge.
JOSEPH HALL . I am watchman to Mr. Machu, Twisters-alley, Bunhill-row. Between six and seven o'clock in the evening I went into the Cat public-house, Whitecross-street—I saw a dray and horses at the door—I saw the prisoner fingering about the nosebags, and when I came out he had got them—I said, "Old chap, these bags don't belong to you"—he threw them down, and ran away—I called a policeman.
towards me—I stopped him—these are the nosebags one of my brother officers brought to me.
(The prisoner received a good character.)
GUILTY. Aged 24.—Recommended to mercy. — Confined Two Months.
WILLIAM RELAR DEPAIR . I am coachman to Dr. John Bryant, of Edgeware-road. On the morning of the 10th of March I left the carriage in Little Queen-street, opposite the coach-house door, with a box-coat on the box—I was in the stable a quarter of an hour-the coat was gone where I came back—in consequence of something Pellitt told me, I went after the prisoners, and found them in Exeter-street, at a quarter before one o'clock, in a public-house—it was my masters coat.
EMMA PELLITT . I am single, and lived in Croydon-street, Marylebone. On the 10th of March I was in Little Queen-street, about eleven o'clock—I noticed a carriage opposite the coach-house door—I saw the prisoners at the top of Little Queen-street on the right; hand side—they were together —Chandler went down to the carriage, and took the coat off the box. and gave it to the other prisoner, who was standing by, and he put it into a bag—they passed me, and turned to the right—I went and told the coachman—I knew the prisoners before by sight—I am sure they are the men.
MAURICE WALSH (police-constable D 145.) I went to the King William the Fourth public-house, in search of the prisoners—that is about half a mile from Queen-street—I found them there—I asked Williams if he was down Queen-street that morning—he said he was—I found on Williams four duplicates, a watch-key, and three purses.
William. You asked me, and I said I had been there at nine o'clock in the morning; I was at work for Mr. Wheeler, 39, Richmond-street, at the time the girl says I was there. Witness. He did not tell me any time.
Chandler. I wish to know how I am to be sworn to, when I was in the City? I am innocent.
CHANDLER— GUILTY . Aged 18.
WILLIAMS— GUILTY . Aged 20.
Confined Three Months.
JAMES WEBB . I am foreman to Mr. Isaac Thomas Couchman, of Kensington he is contractor for taking down and rebuilding Hanwell church—I was engaged in taking a quantity of old lead off the church—it was kept in a barn near the church, rolled up in parcels—I used a hammer, which inflicted marks on the lead—I missed some pieces of the lead.
Cross-examined by MR. DOANE. Q. How long has Green been employed by your master? A. I do not know.
CHARLES STEBBING (police-constable T 156.) I was on duty in the Uxbridge-road on the evening of the 23rd of March, about half a mile from Hanwell church—I saw both the prisoners, about a quarter before
seven o'clock, coming from towards Hanwell church, and going towards Ealing—I saw Green place a bundle on the top of a gate, and Hermitage placed a basket which he had against the gate-post—he turned and faced me as I went past them—after I had got past them a little way, I saw Green take his bundle on his back—Hermitage took his basket on his back, and they walked on towards Ealing—I followed, and met Denton—I then went up to Green, and asked what he had got—I took hold of the bundle, and found it was lead—he said he had found it in a ditch.
JAMES DOWDEN . I am grave-digger in Hanwell churchyard. I saw Green in the churchyard on the 13th of March, when I went to dig a grave in the evening—he said to me, "Are you going to have a funeral to-morrow?"—I said, "No, one to-night"—he asked me what I had—I said, 3s. for digging a six-feet grave, and filling it in—he said, "You ought to have 15s. a week for it, the same as the sexton has at Kensington; and his place is as good as 30s. a week; for he has many a bit of blue pigeon comes in his way, and I would be d—if I would not do the same."
Cross-examined. Q. He had been employed working about there? A. Yes—I had heard the phrase blue pigeon before—it means lead.
(Green received a good character.)
HERMITAGE— GUILTY . Aged 22.
GREEN— GUILTY . Aged 22.
Confined Three Months.
1112. ROBERT PARKER and THOMAS PARMEE were indicted for stealing, on the 1st of November, 620lbs. weight of steel, value 4l. 14s., the goods of Samuel Adams, their master; and HENRY BURROWS , for feloniously receiving the same, well knowing it to be stolen; against the Statute, &c.
MESSRS. BODKIN and BALLANTINE conducted like Prosecution.
SAMUEL ADAMS . lam a coach-spring maker and live in Drury-lane. Parker and Parmee were in my service, one as fire-man, the other as hammer-man—in the early part of March I had information given me by Wigg, in consequence of which I went to Burrows's house, in Clement's-lane, with a policeman—it is about half a mile from my place—I went into Burrows's workshop, at the back of the house—he was there—the officers, in my presence, began to search—nothing was said to him before the search—there was steel, which I believe to be mine, scattered about in different parts of the shop—here are sixteen or seventeen pieces—I believe these are in the state in which they were at my shop—the steel is very particular—it is manufactured particularly for me—I once sent some down to Manchester, for Sir James Anderson's steam-carriage, as a favour, as he was not able to get it elsewhere—it is particular that the steel should be this breadth, according to the width of the carriage—I believe the largest made before this was four inches—this is eight inches broad—Burrows said he bought it of Robert Parker, and produced the book, in which there were a couple of entries that he had for I believe 1 3/4 cwt.—Burrows was then taken into custody—I then took Parker—I told him what for, and he acknowledged he was guilty of what I was charging him with—Parmee left my service—I traced him to Birmingham, with another party, whom I gave into custody there.
Cross-examined by MR. CLARKSON. Q. Is your business confined entirely to yourself? A. Yes, entirely—Burrows keeps a smith's shop—I saw a forge at work.
WILLIAM POCOCK (police-constable F 81.) I received information in March from Wigg—I accompanied Mr. Adams to Burrows's house in Clement's-lane—I found Burrows at work at his forge, no one else was there—I asked if he had one of Mr. Adams's men at work for him—he said, "No"—I told him he had had one there half an hour previous—he said he had no man at work for him that day—he appeared to be quite confused—I found on my left-hand side a piece of steel, which I put upon the anvil, and asked Mr. Adams if it was his—he said he believed it was—I afterwards found another piece, leaning against a wall, and some iron before it, which prevented its being seen—I saw a great deal more steel, found by Weston—Burrows said he had no steel but what he bought and paid for—he called to his wife to bring a book—he said he had the steel entered in it, and the name of the man he bought it of—this is the book—he pointed out this place, as being his handwriting—here is "January 8, Mr. Parker, 16, Brownlow-street, 1cwt. spring-steel, 18s., and February 16, 3/4 of steel, 13s. 6d."—I went to the address in Brownlow-street, and found Parker there—we took him—I afterwards went to Mr. Wilkins, and some other places, and found some steel, which Mr. Adams claimed, and one piece his mark on it—I then proceeded to Birmingham, and took Parmee.
Cross-examined by MR. PAYNE. Q. He left it without any fault? A. There were reports against him several times for talking to different persons, or drinking, or such like.
GEORGE NELSON . I live in New-court, and am a smith. In the latter end of last year Burrows came to me—I knew him before—he wanted me to undertake to sell some steel for him—he said he had bought a great quantity, and if I could sell it, he could give me a good commission on it—I did not do so—in the middle of December I went to his shop, and saw some steel there, similar to this piece—he told me he had 3cwt. by him—I saw him split some of it up, to make chisels and masons' tools—I gave information to the police.
Cross-examined by MR. CLARKSON. Q. What length were the pieces? A. Fourteen or fifteen inches, and five inches wide—before I saw this steel I and the prisoner were on good terms—I owe him a little money—I received a lawyer's letter in December—I did not make any communication till March—I did not pay, because I did not with to be imposed upon—I owed him 2s., and he made it come to 9s. 9d.
ISAAC WIGG . I am a smith. I have occasionally worked for Burrows in the course of the present year—he gave me a piece of steel as a sample—I was to go and sell it, and he would allow me 4s. a cwt. for selling it—this is the piece I had for a sample—I did not sell any—being a prisoner, I thought fit to get my pension, instead of being tried at the bar for stealing steel.
Cross-examined by MR. PAYNE. Q. Were you taken into custody? A. Yes, but I had no business to tell that without being asked—this
steel was not concealed—I have had a dispute with Burrows in the shop where I work.
WILLIAM WILKINS . I am an engineer, and live in Long Acre. In the present year, or very late in the last year, Burrows came to my house, and asked if I would buy some steel—I said, "I don't know, what kind is it?"—he said, "I have a sample," and he showed me two or three small pieces—I said, "I know where they came from, from Mr. Adams, in Drury-lane; where did you get it?"—he said, "I bad it of a man who used to come to Moddy," or "that used to bring it to Moddy's," I am not certain which—I said, "If you will leave me the sample I will try it, and if it is of any use to me, I may purchase it of you"—he left me two or three pieces—I afterwards purchased about one hundredweight of him—he asked me 2d. a pound, and I gave him 18s. a hundredweight, which is not quite 2d. a pound—some of the steel I bought is produced here by the officer today.
COURT. Q. How came you to purchase it if you thought it came from Mr. Adams's? A. I suspected it might be stolen—I went to Mr. Adams, and saw Mr. William Adams, the nephew—I told him a quantity of this steel was offered to me for sale, was it right if I purchased it?—I purchased it by their permission.
Cross-examined by MR. CLARKSON. Q. Was this before Christmas? A. I cannot say—it might have been before—there was no concealment of it on my premises—I gave 18s. a hundredweight for it, which I consider a fair price—I keep a book, but I am not in the habit of entering purchases—I deal at wholesale houses, and pay ready money—I only made two purchases of the prisoner—I will not swear whether the last purchase was before or after Christmas—there might have been a fortnight or three weeks between the two purchases—I went to Mr. Adams before I made any purchase—it was in winter time—I went to Mr. Adams several times before this indictment was found, but I cannot fix any time—I never told him of the second occasion—I had no business to do so—I fully expected, from what Mr. Adams said, that the steel was honestly come by.
MR. BODKIN. Q. You did not mention Burrows's name? A. No—I did not know his name—Mr. Adams did not see the steel.
WILLIAM ALEXANDER ADAMS . I am the prosecutor's nephew. Wilkins made a communication about some steel—before that some steel had been sold to Mr. Moddy—he had two men working for him—one of them, named Cohen, had a sample of steel of me, but it was different to this.
SAMUEL KIRKLAND . I am a washer manufacturer, and live at Lambeth. I purchased two hundredweight of steel of Burrows—I believe it was on the last day of October—the whole of it was given up except what I had used—I bought it at two purchases—the first was three-quarters of a hundred-weight, and then one hundredweight and a quarter—I paid 3d. a pound for it—Burrows said he had got five hundredweight, and that he purchased it at the Western Railroad station, where he had bought two tons of iron, and he bought this steel at the same time—he gave his address at No, 5, Clement's-lane.
Cross-examined by MR. PAYNE. Q. Is it any part of your business to sell the things? A. Yes—the steel belongs to me before it is manufactured,
and the pieces that remain I have by me now—none has been sold.
WILLIAM COLLARD . I live in Gilbert-street, Clare-market. I know Burrows, and I have seen the other two prisoners in his shop and house—between the 5th and 17th of February last I reckoned something up for them, and they said it was steel—I gave them the estimate, and they were satisfied—I cannot tell how much I made it—it was so much a hundred-weight or a pound.
COURT. Q. Was any thing said about where they got it? A. Nothing transpired then—they told me the weight—I reckoned it up, and they were satisfied—I saw some steel or iron there—it was not like these smaller pieces, it was more like this larger piece.
Cross-examined by MR. DOANE. Q. Did you make any entry in the books? A. I did not—I keep his books at different times—I have been at Burrows's forge occasionally—I have called in on a morning to see him—I am a barrister's clerk—I am no judge of iron and steel.
SAMUEL ADAMS re-examined. Parker and Parmee had been in my service about two years—they were working for me the latter end of last year—their employ would bring them in contact with this steel—I never sold any but to Sir James Anderson—I sent him the long parallel pieces unwrought—I cannot say what pieces were sold to Mr. Cohen—whether the pieces produced have been cut since they were in my warehouse I cannot say—some of the plates, in the first instance, previous to getting the proper size for the railway springs, were forced to be cut, and there was a certain quantity of waste steel made, but it is so long ago that I should say this cannot form any part of it—what I now have is three or four feet long, and there would be no cuttings but edge cuttings—it is generally known in the trade that this kind of steel is mine—nobody else in London has ever had any manufactured—I am not aware that steel of this sort is used for any other purpose than for making these springs.
COURT. Q. Is any of the steel you have found in a state to be serviceable to make these springs? A. It is not—the spring, when made up, is three feet three inches and a quarter long, and some of it is eight inches wide, and some seven.
Cross-examined by MR. PAYNE. Q. But you do not mean that it is not of a size to make other things? A. By no means—in one instance it has made butchers' cleavers—on one of these pieces is my nephew's mark, and on another the mark of the manufacturer, which has been attempted to be got out—this piece was found at Burrows's shop, and has my initials on it in paint—here is a piece I brought from my own shop, which has the same mark—here are two pieces found at Burrows's, which when put together will make up the length of my pieces—Parker and Parmee could cut it up at my place.
PARKER— GUILTY . Aged 30.
PARMEE— GUILTY . Aged 20.
Recommended to mercy.
Confined Six Months.
BURROWS— NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabian.
1113. GEORGE HOLLOWAY was indicted for stealing, on the 16th of March, 40lbs. weight of lead, value 10s.; and 3/4 lb. weight of rope yarn; value 6d.; the goods of the Governor and Company of the Chelsea Water-works, his masters.
MR. CLARKSON conducted the Prosecution.
WILLIAM HARRIS . I am foreman of the Chelsea Waterworks Company. In March they were engaged in some new works from the end of the Serpentine river to Knightsbridge—the prisoner was engaged it as a layer of pipes at the Brompton-road, at the Knightsbridge end of the Serpentine—this piece of lead is the property of the Company—I have brought another piece to match with it—the name of Hughes is on them—this piece is about one-third of a pig—here is the 8 and the dot on this piece—the lead is carried on a truck to the place, and what is lift is put into a box or cupboard, which is locked, and there is a watchman to mind it—the prisoner knew that very well—I intended to have put him on the next night as a watchman.
Cross-examined by MR. BALLANTINE. Q. Where do you suppose this lead came from? A. From the Serpentine, by the bridge at Knights-bridge—the lead is bought of Russell, but it has the name of Hughes on it—all that Russell sells has that name on it—I did not know of any lead being missed—I sent the prisoner with a message, about half-past fire o'clock on the 16th of March—his work was over then—he would not have to come to work again till the next morning—he had not to go any where near Constitution-hill.
GEORGE CARTER (police-constable B 151.) I was in St. James's Park on the evening of the 16th of March, a little after six o'clock—I saw the prisoner coming down Constitution Hill—he was rather bulky under his jacket—I stopped him when he got to Buckingham Palace-gate, and asked him what he had got—I pulled his jacket open, and took this piece of lead from under it—I asked where he got it—he Mid it fell out of the truck—I said, "If it fell off, why did not you put it up again?"—he said he did not know; he was going to take it to the waterworks—I said, "Did any one see yon take it up?"—he said, "No one"—I then said, "I think it would have been easier for you to carry it on your shoulder then under your jacket"—he then said he found it in the road, and did not know whether ft fell off the truck or not.
Cross-examined. Q. How far is the place where Mr. Harris was it work from Constitution-hill? A. Nearly half a mile—the office of the Chelsea waterworks is at Pimlico.
NOT GUILTY .
MARY O'CONNER . I am the wife of John O'Conner, of Edgeware-road, The prisoner was our servant—she had been five or six months with us—I lost a bunch of keys before Christmas—one of them was the key of the drawer in the parlour, which contained four sovereigns and some silver, which I missed—I called the prisoner into the parlour, and told her I had been robbed—I had suspected that was the case for some time—she denied it, and I sent for the policeman—she had only received 12s. since she had been with me.
Prisoner. Q. Did I not tell you on the Saturday, that your drawer was opened by your son? A. She brought me the keys, and said I had
better take care of them. I did not open the drawer with one of these keys.
JOHN LYNCH . I am in the prosecutor's service—I was in the shop when the policeman came in, I went round to the back-yard—the prisoner's sleeping-room is on one side of the yard—she came out with her shift and petticoat on, went to the water-closet, and then returned—I went there, and found this bunch of keys down the water-closet, one of them opened the drawer where the money was.
Prisoner. The drawer was opened on Saturday, between two and three o'clock—my fellow-servant came and told me of it—I went and had it locked, and gave the keys to my mistress—I saw no more of them till night, when I went out on an errand, and when I came back, a little girl had got the keys, and said she picked them up on the floor.
NOT GUILTY .
ROBERT SHOVELLER . I am a currier, and live in Lisle-street, Leicester-square. I was proceeding home on the 10th of March, accompanied by the two prisoners—one Woodfield was with the prisoners when I met them—they were walking together—Speed had been a schoolfellow of mine, and I used to play with Bridges—I was intoxicated—we walked on together—they accompanied me to my own door in Lisle-street, where I live with my mother—I did not miss any thing that night, but next morning I missed a watch and two rings—I cannot say where they were when I last had them—the rings were on the guard, and the watch in my fob, at nine o'clock, and I fell in with the prisoners between nine and half-past nine o'clock—I was too much intoxicated to miss them that night—I saw the watch next morning in possession of Kelly.
Cross-examined by MR. PAYNE. Q. How long were you at the public-house that night? A. I do not know—the prisoners were drinking at the same house—I had known them from childhood—we were good friends, and they were seeing me home.
Cross-examined by MR. JONES. Q. You were too drunk to see yourself home? A. Yes—I do not know where Bridges lived or worked—the last place I knew him to live was in Lisle-street—that is six or seven years ago—he was then a shoemaker, and worked for a gentleman in Lisle-street—I have not seen him often—the glass of this watch was not broken when I had it—I do not know that Bridges lived with a watchmaker.
JOSEPH MOUNT (police-constable C 115.) I was at the station, in Piccadilly, on the night of the 10th of March—I observed the prosecutor in company with the two prisoners and Woodfield—the prosecutor was very drunk—I followed, and watched them—I saw them lead the prosecutor along to Lisle-street—they knocked at the door—I suspected all was not right and searched after the prisoners—I found them in Bedfordbury—
the moment I saw them, I seized Speed by the collar, and he put his hand into his pocket, pulled out this watch, and threw it down in a minute almost—he asked me what I wanted him for—I said, "For that watch"—he said he knew nothing about it—I am sure he threw it down—Bridges was with him—Kelly, who was with me, picked the watch up—we took the prisoners to the station, and searched them—I found these two rings in Speed's pocket—I asked what they belonged to—he made no answer.
Cross-examined by MR. PAYNE. Q. What became of the prosecutor? A. When he got to his own door he went in—I do not know who knocked at the door—I did not stay—I went after the prisoners—the third person remained with the prosecutor—Bridges went away first, and Speed followed him.
Cross-examined by MR. JONES. Q. At what time did you see them? A. At half-past ten, and I took the prisoners about twenty minutes to eleven.
THOMAS KELLY (police-constable F 40.) On the night of the 10th of March, at twenty minutes to eleven, Mount spoke to me—I saw the two prisoners—I took Bridges—while Speed was in custody I saw him throw the watch away.
ELIZABETH TOZER . I live at the Thirteen Cantons public-house, in Castle-street, Leicester-square. On the night in question, Bridges came alone, and left a watch with me—he asked me if I would take care of it for him—he left it about a quarter of an hour or twenty minutes, and then he came again with Speed, and Bridges had the watch, and took it away—the watch was like this one—I could not swear it was this but I think it is the same.
Cross-examined by MR. JONES. Q. What time was this? A. Between nine and ten—I think it was nearer to ten than nine—it might be half-past nine or twenty minutes to ten—there was a guard to the watch, and two rings—I am quite sure it was a silver watch—I had known Bridges before—he was frequently in and out of the house—I should not have taken it in of a stranger—I knew he worked very near—I did not know where he lived—I think I knew him for the last twelve months—he always appeared honest and respectable.
Cross-examined by MR. PAYNE. Q. Do you know Speed? A. I have seen him there—he always conducted himself properly.
MR. JONES. Q. Where was the first place you went to? A. To the Institution in Leicester-square—I went there to read—I staid there about an hour—I then took a walk into the Haymarket, on the left-hand side—I did not walk there long—I did not go into any public-house in the Hay-market—I went into one at the corner of Compton-street—I drank a glass of ale there—that was the first I drank after I left home—I then walked up Long Acre, and went on to Bear-street, till I met the prisoners, and we went into a public-house there—I do not know how long I was there—I entered it between nine and half-past nine—I do not know whether I drank any malt liquor—I know I had gin-and-water—I think there was lemon in it—Woodfield was with the prisoners—he is not here—he is a hair-dresser, and lives in Brewer-street—we four were the only persons in the house—we sat, and stood at the bar—I was then taken home—I
had not looked at my watch from the time I went out, at ten minutes past seven.
SPEED*— GUILTY . Aged 2O— Transpotted for Ten Years.
BRIDGES— GUILTY . Aged 19.— Confined Six Months.
JAMES TRACEY . I am a labourer, and live at Battle-bridge. The prisoner lodged with me for about nine weeks before I lost this watch, which was on the 22nd of July last—he left me that day—I went out about six o'clock that morning, and left my property all safe—I missed the watch between nine and ten o'clock—the prisoner never returned—I did not see him again for about six months, when he was at Marylebone office—this is my watch.
Prisoner. I did not pawn it, and he said at the office he did not think it was me. Witness. I said I should not like to swear to you, but I had no doubt you was the man.
CHARLES GREENHAM (police-constable S 21.) On the 10th of March I saw the prisoner at the police office—I asked if be knew a man named Tracey—he said, "Yes, very well"—I said I had a charge against him for stealing his watch—he said he could not deny it, bat he thought his mother had settled it.
GUILTY , Aged 19.— Confined' Three Months.
OLD COURT.—Saturday, April 10th, 1841.
Third Jury, before Mr. Common Sergeant.
1117. JOHN STALLARD was indicted for breaking and entering the dwelling-house of William Worrall, on the 14th of February, at St. Ann, Westminster, and stealing therein, 2 watches, value 2l. 10s.; the goods of Reuben Kills; to which he pleaded
GUILTY . Aged 18.— Confined One Year.
GUILTY .— Confined Six Months.
GUILTY ,— Confined These Months.
Before Mr. Baron Gurney.
THOMAS HOBBS KING . I am a policeman. On the 19th of March I was at the Islington station, Islington-green, about eight o'clock in the evening—the prisoner came and knocked at the door—it was opened, and she came in, and said she wished to give herself up, she had murdered her child—I asked her in what way—she said, "By throwing it into the liver"—she
said the child was three weeks old on the Tuesday before—I went with her to the New River, at Owen's-row, and opposite No. 19, she pointed to the house, and said, "It is right opposite here where I put it in; I had been sitting down at that door for half an hour," and the child had been crying the whole time she had been sitting there, and had been crying all the afternoon—she said she had no food for herself, and no milk to give the child; that she had been that morning to Marylebone workhouse for relief, and there they searched the books, and found her mother's name, but not her's, and that was the reason they told her they could not relieve her—she said she had committed herself, and then went to Maidstone gaol for three months, and a fortnight before her time expired she was confined with this child, and the child was registered in the name of Eliza Harris—I have since been there, and got a copy of the register in that name—I made search for the body of the child, and found it, after two hours' search, between fifty and sixty yards from the place where she pointed out as having thrown it in—the child was on the surface of the water, stopped by the iron grating that goes across the bridge, near St. John-street-road—it was dressed in the clothes which I now produce—it was a female child—I took the child and clothes to Rosoman-street station—it was examined then by Dr. Edmondson—at the time the prisoner came in she bad this small parcel in her hand, containing a small quantity of bread.
Cross-examined by MR. CLARKSON. Q. That was every thing she had about her of any kind? A. Every thing—she had not a farthing of money—she appeared to be in the state she described to me—she had every appearance of it—I offered her some food, some meat, which she had, she appeared to swallow it all whole, without chewing it, till she could swallow no more, and she had some coffee—I have been to Maidstone, sod found she had been delivered of a child—I visited her about every ten minutes or quarter of an hour during the night in the cell—she complained of her head every time that I went to ask if she wanted any thing—I had not seen her till she came to the station.
ANN EDWARDS . I live in Bowling-street, Clerkenwell. I have known the prisoner from three years of age—on the 18th of March, the night before she committed this act, I was going towards Turnstile, Saffron-hill—the prisoner passed me, with a child in her arms, about a quarter after seven o'clock—she told me she had come from the Borough—I saw she had a baby in her arms, and asked her whose it was—she said it was hen—I was surprised at it—she said it was three weeks old—she took me to a shop window and showed me the baby—it was very small and very pale—she told me she had no breast for the baby, and was afraid it would not live—I asked where she was going—she said to Islington—she said she was living with a young man, a shoemaker, and he was earning 13s. or 14s. a week—I said that was very little—she said they were comfortable—I then asked her if she would like to see her mother—she said, provided she would not scold her—I said I would go to her mother for her if she would wait—I did so, and she waited—her mother was not at home—I came back and told her so—I then asked her if she had any message for her mother when I saw her—she said, Nothing particular, I might say I had met her, she bad got a little girl, and had now made her mother a grandmother—I said, "It is early days for you to be in the cold"—she asked me several questions concerning her mother—I then bid her good night, and we parted.
Cross-examined. Q. I believe she herself is an illegitimate child? A. Yes, I have always understood so—the mother was totally unable to make any provision for her, hat she would have done it—the baby looked very pale and sickly—she said she had just come from Maidstone, but that she was living with a shoemaker.
GEORGE TUCKWOOD . I was at the Marylebone workhouse on the 19th of March, on duty, as inspector of the out-door poor—the prisoner came there with an application for relief—she had a baby in her arms—to the best of my knowledge it was between one and two o'clock in the day—the child was at her breast—she was not relieved.
Cross-examined. Q. Were you the relieving officer? A. No, he was before the Magistrate—I saw him there—the attorney for the prisoner entreated the Magistrate to let him be examined—Mr. Reed was not then that day, nor in the course of the inquiry—they did not apply to have Mr. Reed examined—I was not present when the relief was refused—I believe she was referred to another parish—I do not know whether the mother had been relieved.
ELIZABETH WATSON . I live in John-street, Liverpool-road, Islington. On the evening of the 19th of March, I went to a house in Owen's-row, at not quite eight o'clock, but very near it—I saw a woman with a child, sitting on the step of the door—I went into the house No. 14, and remained there about ten minutes, as near as I can guess—when I came out I saw her there again—I did not see her face.
JAMES EDMONDSON . I am a surgeon. I examined the body of the child on the 19th of March, about half-past ten o'clock in the evening—the clothes were dripping wet—I saw it immediately it was brought to the station—the child was stripped—I observed that the surface of its body was unusually pale, except the skin of the head and face—its eyelids were partially open—I did not open the body—from my external observation, the cause of its death appeared to be suffocation from drowning, from immersion in water.
Cross-examined. Q. Did you hear, before you examined it, that the body had been found on the surface of the water? A. Yes, stopped by the grating—I did not make any post mortem examination—I think there was sufficient appearance to enable me to say it had been drowned—as far as external observation went, I am of that opinion—the mouth was quite closed—it is not usual to find the mouth of a drowned person open—I have seen many drowned persons.
MR. TAYLOR. I am a surgeon. I examined the body of the child on the 22nd—there were no external marks of violence—in dividing the skin, very little fat was found between the skin and muscles—the stomach was healthy, and contained about half a spoonful of fluid, resembling milk—the lungs filled the cavity of the chest, and, had a redder appearance than usual—they were filled with frothy mucus—the vessels of the brain appeared more congested than usual—the diaphragm descended towards the abdomen—on turning over the body, a little fluid issued from the nose—in my judgment the child came to its death from suffocation, from drowning.
Cross-examined. Q. What quantity of fluid was there from the nose? A. Probably a tea-spoonful, nearly as much as that—the immediate cause of death was not the congestion of the brain—there are many causes to account for its death—the deprivation of air from the lungs.
Q. What was there to indicate it died from drowning, and not before it was immersed? A. The frothy mucus, and the blood not coagulating, I infer from that the child was alive when thrown into the water—the child was very thin and emaciated.
Q. Would the want of food, either substantial or fluid food, account for the appearance of the brain, or the diaphragm descending towards the abdomen? A. I do not think it would—I did not examine the prisoner—no water issued from the stomach.
Q. Supposing it to be in a dying state for want of food, would its appearance immediately before death, or for some minutes before death, be such as to lead a person to suppose it was dead? A. It might present symptoms of great exhaustion, but not that of death, I should think—drowned persons are generally found with their mouths shut—it may or may not be so—I have seen grown persons, who died from suffocation by drowning, and, no water found on the stomach, but not often—generally speaking, it is not so—the pupils of the child's eye were dilated, the eyes were shut—I believe they are generally open in drowned persons—it may or may not be so—the froth in the air vessels would not be caused by the child being without food for a long time—at the time of death it is possible for a little water to form in the lungs, and become mucus.
Q. But if the child died for want of a sufficient supply of milk, is it not possible that the milk going into the air vessels would form that appearance? A. No, if the child was at the breast, I do not think it posssible for the milk to get into the air vessels—milk would produce a different appearance to what was found—it was frothy mucus—it was very different to milk—I do not mean to represent that milk could not find its way into the air cells, but it is a very improbable thing—during the straggle for life, it is possible the water might find its way into the air cells from the mouth, but it would not find its way from the mouth without that struggle, because the lungs are protected by the glottis—supposing the child to be actually starving, it is very unlikely it should find its way then—if any thing gets down the windpipe, it produces suffocation, or at least great distress.
THOMAS HOBBS KING re-examined. When I found the child in the water, I did not observe whether the mouth was open or closed, but at the station, when it was placed on the table, the mouth appeared to be closed—both eye-lids were partially open—at the station Mr. Edmondson put his finger into the mouth to examine the child's tongue—he used on force to do it—he opened the mouth with his finger.
MARY HARRIS . I am the wife of one of the sergeants of the police at the station. I was sent for when the prisoner came there—I undressed her, and examined her—I asked her how she came to do it—she said poverty had made her—I thought she had milk—I found her breast in a painful state—she said the child would suck a little, but not much—it would suck other people, but not her.
PHOEBE BARKER . I was nurse at the gaol at Maidstone. The prisoner has been there, and was delivered of a female child, I cannot tell on what day—it was a fortnight and four days before she went away—her imprisonment was then up—she wished to go—she left with the child on the 13th of March—as far as I saw, her treatment of the child was always kind—I was there during her confinement—I used to feed the child on bread and milk—she would suck the mother very little—she readily
sucked any other—the mother's breasts were drawn to try to get the milk—the baby would never take her breast kindly—the name of Eliza Harris was given to it while it was there—she herself went by the name of Harris.
Cross-examined. Q. She was not in the gaol for a felony? A. No—she was in the vagrant ward—she had very little milk—she left on the 13th—I believe when she left she had 18d.—that was all the allowance, except any thing was allowed for the baby, which I do not know—she wished to leave the gaol—I know these to be the clothes the child was wrapped in when it left the gaol.
GUILTY. Aged 23.—Strongly recommended to mercy in consequence of I her distressed state. — Death Recorded.
1121. JOSEPH PORTER , was indicted for feloniously assaulting Ann Storey, on the 4th of February, putting her in corporal fear and danger of her life, and stealing from her person, and against her will, 1 bag, value 2s. 6d.; 1 purse, value 18d.; 1 handkerchief, value 5s.; 1 pencil-case, value 1s.; 1 tablet, value 6d.; 9 shillings, 2 sixpences, I half-crown, 1 sixpence, and 2 pieces of foreign silver coin, value 2s.; her property; and before, at the time of, and immediately after the said robbery, striking, beating, and using other personal violence to her.
MR. DOANE conducted the Prosecution.
ANN STOREY . I am single, and at present reside at No. 10, Pine Apple-place, Edgeware-road, at my brother-in-law's. On the 4th of February, I and Miss Wright went to Madame Tussaud's exhibition—we left there at twenty minutes to nine o'clock, and got near Bell-street, Edgeware-road, a few minutes before nine—when we got to the end of Bell-street, I felt something pulling at me—I did not at first think it was my bag, but I found it was, and I felt somebody pulling me down Bell-street—my bag was twisted round my wrist—I was carrying it in front of ray waist—I was dragged a yard or two down Bell-street—I screamed violently, "My bag," and after I screamed I was felled to the ground by a blow in my back, and when down, I received a kick in my back front the effects of which I am suffering very much, and have been under medical treatment ever since—I saw a face when I was knocked down, which I have no doubt at all was the prisoner's—my bag gave way, and then I was on my back—I saw the man's face both before and after I was down—I have the strings of the bag here—the bag gave way from the sewing—it contained the money and articles described in the indictment—the prisoner ran up Bell-street.
Cross-examined by MR. CLARKSON. Q. Though you speak to the best of your belief, you do not swear positively the prisoner is the man? A. To the best of my belief he is the man.
COURT. Q. Have you any doubt? A. Not any—I did not see him again till the 17th of the month—I was unable to attend before—I was confined to my bed—he was then in custody.
MR. CLARKSON. Q. Did you address any letter to the Magistrate? A. Not any—I did not cause any letter to be written.
SUSANNAH LANE WRIGHT . On Thursday, the 4th of February, I was in company with Miss Storey, returning from Madame Tussaud's, just before nine o'clock in the evening—when we got opposite Bell-street, Miss Storey had her arm in mine—I felt some person dragging her—I turned round, and at the crossing of Bell-street, I saw a man pulling at Miss
Storey's bag—before I got to her assistance, the man had knocked her down, and then he obtained her bag, and ran down Bell-street—he was a man about the prisoner's height—he wore a round cap—I was very frightened—I did not take sufficient notice to say whether he had a coat or jacket on.
WILLIAM CHEVELL . I am the driver of an omnibus, and live in Earl-street, Lisson-grove. On the 4th of February I was standing at the corner of Bell-street, and saw two ladies pass me—I saw three men pass me, close by them, and in one moment I heard a lady scream—I turned round to see what it was, and saw a man stumble over her, and heard the lady say, "He has got my bag"—the man ran down Bell-street into Burn-street—I ran after him—I did not see the man's face—he had a jacket and round cap on—I did not see the front of it—I believe the other man ran up Edgeware-road, but I only ran after this one man—I lost sight of him in Burn-street.
ANN CATHERINE MANNING . I live in one of my father's houses—he is a builder—he has a very great many houses—a family named Porter lives in one of them—the prisoner is one of the family of the Porters, who inhabit one of the houses—I was near Bell-street one evening, early in February—I remember two ladies, one of them screaming out—I was a little distance from Edge ware-road, in Bell-street—I heard the scream, and ran back—I saw one of the Porters running from her down towards Burn-street—I cannot speak positively to its being the prisoner—he had a round cap and a jacket on, but it so alarmed me that I cannot speak positively as to who—whether it was him, but it was one of the Porters.
Cross-examined. Q. Is the brother of the prisoner very much like him? A. There is so striking a likeness that I would not speak positively.
ELIZA CHEETHAM . I live with my mother, who goes out washing. I lived in Bell-street when this robbery was committed—I was in Bell-street at the time the lady screamed out, and after she had screamed out I saw a man running down Burn-street—I do not know where the Porters lived—I have seen them coming down Bell-street—I know them by sight—I did not see a policeman for ten minutes after—I saw one then—I did not tell him any thing—I saw Leonard and Manning—I did not tell them any thing—I do not know who the man was that ran down Bell-street—I saw his clothes, that is all I saw.
Cross-examined. Q. Did they afterwards produce a cap to you which was found? A. They showed me a brown cap at High-street—that was not the cap the man had on that struck the lady, it was a blue cap.
JOHN MANNING . I am a policeman. In consequence of information I received, I made inquiry about the prisoner—I saw the witness Cheetham, and received some information from her, in consequence of which I looked out for the prisoner—the sergeant apprehended him.
WILLIAM LEONARD . I am a policeman. I was on duty in Burn-street on this evening, and saw the prisoner come by, running—as near as I can judge, it was six or seven minutes past nine o'clock—he crossed from Burn-street into Bell-street, going towards his own home—I did not see him in Born-street, but crossing from across Burn-street—he lives in Little James-street which leads Out of Bell-street—after getting into Burn-street, it would be necessary to get into Bell-street to get to his home—it was in a direct way—he was dressed in a dark jacket and trowsers, an apron, and cap—about eleven o'clock that night I was with my brother officers, and went to
the Sun public-house, in Lisson-street, about fifty yards off—we found the prisoner there, and took him into custody—he then had the dress on which he has now, a long coat, and a bat on his head—the sergeant asked him if he had a blue jacket, and cap, and apron on that evening—he said he had not the whole day.
GEORGE ROGERS . I am a police-sergeant. I went with Leonard to the Son public-house—I asked the prisoner if he had been dressed in a jacket and cap that evening—he said no, he had not, that he was dressed in the same dress all day as he was then dressed in—I told him that whatever he said would be given in evidence, either for or against him, and said, "Are you sure of that?"—he said, "Yes"—I took him to the station, searched him, but found nothing—I searched his room after he was locked up, and found this cap and some pewter pots.
Cross-examined. Q. That is the brown cap which was shown to Cheethara? A. Yes.
GEORGE HEALEY . I am a policeman. I was on duty on the evening of the 4th of February, in Lisson-street, from five to a quarter-past-five o'clock—I know the Porters, I was near their residence—I know the prisoner well, and his brothers—I had some conversation with the prisoner, and passed on—four or five minutes afterwards I saw him again in company, arm-in-arm with two more, named Self and Broker, about a hundred and fifty yards further on in the same street, going towards Chapel-street, which leads into Edgeware-road—he was dressed in a blue jacket and a dark round cap.
JURY. Q. Do you know the prisoner well from his brothers? A. I do know him well, and his brothers—I am sure I saw him dressed in a blue cap and brown jacket, arm-in-arm with two men, and I spoke to him.
Q. Do you remember the dress of the brothers that afternoon? A. The dress of the brother most like him, which is Henry, was a light jacket, and the other had a fustian coat—neither of them had dark jackets.
COURT. Q. Had either of them a cap? A. I do not think they had.
GUILTY .* Aged 24.— Transported for Life.—(See page 917.)
1122. WILLIAM ISAAC BUDD and GEORGE PARSONS were indicted for breaking and entering the dwelling-house of John Blake Carpenter, on the 24th of January, at St. Pancras, and stealing therein, 1 watch, value 2l.; 1 watch-guard, value 4d.; 1 handkerchief, values 3s.; 2 shifts, value 3s.; 1 pair of boots, value 18s.; 2lbs. weight of tobacco, value 8s.; 1 purse, value 6d.; 1 sovereign, 3 shillings, and 1 sixpence; his property.
JOHN BLAKE CARPENTER . I keep a chandler's shop in Upper Edmund-street, St. Pancras. On Sunday evening, the 24th of January, I went out with my wife, about half-past six o'clock, leaving nobody in the house—I left the house locked up safe, and returned at half-past eight, and found the keyhole of the door plugged with a piece of wood, so that I could not put the key into it—I climbed on the top of a coal shed, at the back of the house, and entered a door leading on to the staircase—I found my house had been entered by a skeleton key, I suppose, as I found no marks of violence on the door—I lost the articles stated—the watch had been on the mantelpiece in the front sitting-room, first floor—some of the other things were
in a chest of drawers in the same room—the tobacco and pair of boots west in the shop—when I got to the door, I heard the sound of one or two persons inside, but before I got in the back way they were gone—the value of all the property was about 5l.
WILLIAM KEMP . I conduct the business of the Bridport Arms public house, in Harrison-street, Gray's Inn-lane, for the landlord, who live about three doors off, in the same street, and is a builder; he does not living in the house. I have known the prisoner Budd some time—he offered me a handkerchief for sale one morning about seven weeks ago—he asked me to be so kind as to let him have 2s. for the handkerchief, as he was very badly off, and had not got a halfpenny in his pocket—I gave him 2s. and kept the handkerchief—I have given it up to Mr. Thornton—it was produced at the police-office.
Cross-examined by MR. PAYNE. Q. Are you quite sure the handkerchief you gave up is the one you received from Budd? A. Yes—when I got it from him, I took it into use—I did not buy a handkerchief of any other person—I cannot speak to the date better.
JOHN FARRINGTON . I am a porter at a charcoal warehouse. I know the prisoner Parsons—he offered me a ticket of a watch about two months ago, as near as I can guess—it was in the street at the corner of Conduit-street, Regent-street—he said, "Here is a ticket of a watch for sale"—(pointing to a person over the way) "I think it will suit you"—I did not see the person, only his back—he said, "You can take the ticket, and go and look at it"—I took the ticket, and went next day to the pawnbroker's, in Manchester-street, I think, and got the watch out of pawn—it was pawned for 15s., which I paid, with the interest—I had it at home for fifteen or sixteen days—I had to pay my rent, and having lent a friend some money, I pawned the watch at Gorton's, in Gilbert-street, Oxford-street—I gave the prisoner 5s. for the ticket—I pawned it for 1l.
THOMAS REYNOLDS JAMES . I am a coachmaker by trade, but have lost the use of my right-hand. I was in company with the prisoner Budd in February—I cannot exactly say what time, I think it was at the beginning—we were in the tap-room of the Norfolk Arms public-house, Lee-street, Bedford-place, and I saw him produce a silk handkerchief like this one.
Cross-examined. Q. When was this handkerchief shown to the prosecutor first? A. I cannot say—it was after the prisoner was apprehended, which was on the 11th of March—another handkerchief was shown to him of a similar pattern—he did not identify that—he said he thought it was like his—it was not such a bright colour as this—I found that on Budd, in his hat, I believe.
WILLIAM JONES . I live with Mr. Smith, a pawnbroker. This watch was pawned with me by, I believe, the prisoner Parsons, on the 23rd of January, for 15s.—it was redeemed by Farrington afterwards—I believe Parsons to be the man.
Parsons. It was never in my possession.
JOHN BLAKE CARPENTER re-examined. This is my watch, and the handkerchief I believe to be mine—there was a mark on it, but it is nearly all defaced—there are the remains of some white silk which it was marked with before—I could not swear positively to it.
Prisoners's Defence. I bad the ticket from Robert Farmer—he asked me if knew any body who would buy the ticket, and he went with me to Conduit-street to the young man who sold the ticket to me—I never had the watch in my possession.
BUDD— NOT GUILTY .
PARSONS— GUILTY . Aged 32.— Transported for Fourteen Years.
1123. WILLIAM ISAAC BUDD was again indicted for stealing, on the 12th of December, at St. Pancras, 1 watch, value 4l.; 1 guard-chain, value 18s.; 1 pair of ear-rings, value 18s.; the goods of Samuel Griffiths, in his dwelling-house; and GEORGE PARSONS , as an accessory after the fact.
ELIZABETH GRIFFITHS . I am the wife of Samuel Griffiths, who keeps the Norfolk Arms public-house, Lee-street, Burton-crescent, St. Pancras. On the 12th of December, our house was robbed by somebody getting up stairs—the property was taken from the bed-room—I lost a watch and guard, and a pair of ear-rings—we did not discover the property for some time—the two prisoners frequented our house—I discovered the robbery between eight and eleven o'clock in the evening—the prisoner Budd had been there that evening—I cannot say whether he was there at the time we made the discovery—I have since seen the watch at the office—the property in the room had been disturbed a good deal—the prisoners continued to frequent the house afterwards.
Cross-examined by MR. PAYNE. Q. Had you a pot-boy named Lee in your employment? A. Yes, he has absconded—I have seen James at our house.
COURT. Q. When did the pot-boy abscond? A. I cannot say—we discharged him the last week in December—I know nothing about his absconding.
MARY MAYNARD . I was in the service of Mr. Griffiths last December. I discovered the robbery by going up-stairs—I lost something—Budd was to the house that night, between eight and nine o'clock—I discovered the robbery about eleven o'clock—I bad been in the room about eight o'clock—it was all safe then—I had seen William, the pot-boy, go upstairs between six and seven o'clock—I was in the room after that, and all was safe.
Cross-examined. Q. Who is William? what is his surname? A. William Lee—I have not seen him lately—we had also a pot-boy named Edward Mincham.
WILLIAM TASSIE . I am a waiter at the Black Bear, Piecadifly. I know Parsons—he offered me the ticket of a watch for sale on the 13th or 14th of December last—he asked me 7s. for it I think, it was pawned for 35s.—he left the ticket with me—I went and looked at the watch, and put it in my own name and address—it was pawned at Barton's, in Keppel-street—I saw the Parsons next day, and gave him 6s. for the ticket—I sent it to him—I saw him that day, after I had sent it to him—I learnt from him that he had received the money—he was down stairs at the time—he came to me in February, and asked if I had got the watch—I said yes, but it was at the watchmaker's—he said, the party wanted to buy it again—he said, he did not mind the price, he would pay all expenses—he left, and came again next day, and said he had the party waiting outside, the owner of the watch—I went outside, and saw James, whom I have since seen up at Hatton garden—James had three sovereigns in his hand, which he produced
to buy the watch back—I said it was at the watchmaker's, having something done—then he said, would 4l. satisfy me—I said, I did not want to rob him like that, but if he was the owner, and wanted it back, he should have it for 3l. 10s. if he came at five o'clock that night, but he did not—he came at about one o'clock in the day, and I was taken into custody—I had the watch with me then, and the policeman took it.
Cross-examined. Q. I believe you were afterwards admitted as a witness, and discharged? A. Yes—I was taken about an hour after James had been with me, offering to buy it for 4l.
THOMAS REYNOLDS JAMES . I am a coachmaker by trade, and live at No, 10, Haddon-place, St. Pancras. I frequent the Norfolk Arms public-house—I remember hearing of the house being robbed—I was in the room with the prisoners about a week or a fortnight after—both the prisoners were there—I saw a ticket offered for sale in the tap-room by Budd—he offered it to anybody who thought proper to buy it—nobody bonght it—Parsons bad the ticket from Budd—he kept it—there were several persons present—I had a conversation with Parsons some time afterwards—I asked him if the party could sell the watch back that he had sold the ticket to—(I had learned from him that he had sold it)—he said, he would go and see—I made an appointment with Griffiths' brother that an officer should be in attendance, to see where he went to, but the officer did not follow him—he returned to me, and said the watch would he sold back for 3l.—Mr. Griffiths gave me 3l. to advance, to buy it back—I went with Parsons to, I think, the Brown Bear, Piccadilly—Parsons went into the house, came out, and said the man refused to sell it back then for 3l., he wanted 4l.—I agreed to return at five o'clock—I went and reported it to Mr. Griffiths—a policeman was sent, and the man at the Brown Bear, and Parsons, were taken into custody.
Cross-examined. Q. Do you mean to swear positively you ever saw any ticket relating to this particular watch, in the hands of Budd? A. I will not swear it was the ticket of that watch.
MRS. GRIFFITHS. This is my husband's watch.
NOT GUILTY .
1124. WILLIAM ISAAC BUDD was again indicted for burglariously breaking and entering the dwelling-house of Hannah Tanner, on the 17th of November, at St. Marylebone, about the hour of five in the night, with intent to steal, and stealing therein, 1 coat, value 3l.; 1 pair of trowsers, value 1l. 10s. 1 waistcoat, value 10s.; 1 watch, value 3l.; 1 handkerchief, value 3s.; 1 work-box, value 10s.; and one box, value 6d.; the goods of Samuel Wright.
SAMUEL WRIGHT . I am a baker. I lodged in the house of Hannah Tanner, in the parish of St. Marylebone, last November—I work at night—on the 17th of November last, I went out about eleven o'clock at night, and locked my door—I have a key to the outer door—I returned between half—past eight and nine o'clock in the morning to breakfast, and found my lodging had been robbed—I lost a coat, trowsers, waistcoat, a box off the table, and a watch locked in it, and a money-box out of the cupboard—the door had been unlocked, apparently, not broken open—I found my watch in pawn at Cord well's.
the prosecutor was robbed—I got up at six o'clock next morning, and found the middle-door and the street-door ajar—they were never found so before at that time of the morning, and I have lodged there nearly four years—I had not heard any noise that morning—I shut the door, and went out—the clock struck six, about two minutes before I came out of my room.
SARAH RUSSELL . I remember the night Wright's room was robbed— early that morning, before my husband went out, between five and six o'clock, I heard a footstep come into Mr. Wright's room, shut the door, and go and get a light—I heard the rumbling of boxes—I thought it was Wright himself, or I should have called out—it was about a quarter of an hour before my husband went out.
Prisoner. Q. How long is it since the watch has been given up to the policeman? A. About three Sessions ago—I gave it to the City-policeman, No. 538—I have seen you before and know the name of the person you pawned it in—Charles Glass is the son of a publican in the neighbourhood—I have not given evidence before.
Prisoner's defence. I was at the Norfolk Arms public-house, on, I think, the 18th of November—there was a young man there named William Black, and another called Deaf Harry, and Lee the waiter with them—Black asked me if I would pawn a watch for him, saying his brother was in trouble, and he wanted 30s., to get a solicitor for him—I said, "They won't lend 30s."—he said, "Get what you can; but if you say Charles Glass sent it by you, as you have pawned things for him before, very likely they will lend it you"—I said I would go and see what they would lend on it—I went and asked for 1l. on it—they said they could buy them for 18s.—I said it was for Glass, and he lend me 1l.—I went to the Norfolk Arms, and gave the money to Black—they deducted some halfpence for the ticket—about a month after, James said to me, "You will be in a fine mess; you pawned a watch in Compton-street"—I said, "I know who I pawned it for"—I afterwards met Deaf Harry, and said, "I understand the watch I pawned for Black, when you and he came to the Norfolk Arms, is stolen property"—he said, "I will come forward, and state that Black gave you the watch, at any time"—I told the officer so, but do not know whether he has been able to find him.
Prisoner. Q. I believe you employed Lee the waiter once? A. I once, sent Lee to pawn for me, and only once—I never sent you.
GUILTY . Aged 32.— Transported for Fourteen Years.
(There was another indictment against the prisoner.)
1125. EDWARD MINCHAM was indicted for stealing, on the 22nd of March, at St. Pancras, 1 toast-rack, value 7s.; 1 cream-ewer, value 12s.; 1 box, value 14s.; 1 cloak, value 10s.; 4 spoons, value 1l. 8s.; 1 pencil-case, value 4s.; 1 fruit-knife, value 10s.; 2 necklaces, value 16s.; 1 scent-box, value 15s.; 1 handkerchief, value 6d.; and 2 rings, value 1l.; the goods of Joseph Richardson: 1 scarf, value 15s.; 2 gowns, value 15s.; 2 shawls, value 10s.; 14 1/2 yards of silk, value 1l. 13s.; 6 1/2 yards of merino, value 1l.; 1 buckle, value 3s. 6d.; the goods of Mary Richardson: 1 gown, value 1l. 10s.; 1 scarf, value 7s.; 1 handkerchief value 2s.,; 31 1/2 yards of silk, value 3l. 5s.; 5 1/2 yards of merino, value 1l. 1s.; 9 1/2 yards of mouseline-de-laine, value 7s. 6d.; 30 yards of ribbon, value 17s. 6d.; the goods of Hannah Richardson: 3 sheets, value 18s.; and 1 towel, value 2s.; the goods of Hannah Richardson and another, in the dwelling-house of Joseph Dawson.
JOSEPH RICHARDSON . I lodged in Summers-place, near St. Pancras church, in that parish, with Joseph Dowson—my sisters lodge with me—I occupy the first-floor and the two attics. On Monday night, the 22nd of March, at half-past eleven o'clock, I found my lodgings had been robbed—the drawers and boxes in the up-stair rooms were broken open, a variety of property strewed about the room, and many things gone—I went to the police-office that night, and found the greater part of my property there.
Cross-examined by MR. CLARKSON. Q. Are there other lodgen besides you? A. No—Dowson lives in the house—it is his dwelling-house.
JOHN DIXON . I am a policeman. On Monday night, the 22nd of March, about nine o'clock, I was in Haddon-place, about a quarter of a mile from the prosecutor's, and saw two persons coming along, with three bundles—I went up to the prisoner, who was one of them—he had one or two bundles, I do not know which—I asked him what he had got there, he said he did not know—I asked where he brought it from—he said, the New-road—I asked him where—he said a man said be would give him 1s. to carry it—I suspected him, and laid hold of his collar, but he wrenched away from me—I had hold of his bundle—he ran away and I after him, crying, "Stop-thief"—he was stopped at the corner of Haddon-place—I took him into custody, and took him down to No. 10, Haddon-place, opposite which I had stopped him at first, and there I saw the other two bundles which were dropped—the other man had escaped—I ordered Game to take them up, and bring them with me to the station—I afterwards asked the prisoner who the person was that promised him 1s.—he said, "Yon saw the person," meaning the person who was with him.
JAMES TAYLOR . I was coming down Edmund-street, on the 22nd of March, and heard a cry of "Stop thief"—I saw a policeman coming up Spencer-court, and a man ran along, and said, "For God's sake don't stop me"—the policeman said, "Follow him," which I did—he chucked something from his side—I took it up—it was skeleton keys—he was secured when I got up to him—it was the prisoner.
Cross-examined. Q. You saw two men, did you not? A. No—I am quite sure I saw the keys come from the prisoner's person—I did not see the other bundles thrown from him.
JAMES ALLEN . I was coming down Edmund-street, and heard a cry of "Stop thief"—I saw the policeman running along without his hat, and I saw the prisoner—the policeman said, "Stop him"—I ran after him, stopped him, and held him till the policeman came.
JOHN GAME . I was in Haddon-place about nine o'clock on Monday night, the 22nd of March—I heard a cry of "Stop thief," went to the policeman's assistance, and picked up two bundles by the door of No. 10—I
took them to the station—Dixon came up directly I picked them up.
Cross-examined. Q. Did you hear the prisoner say he was asked to carry the things? A. Yes.
JOHN DIXON re-examined. I went next morning to Mr. Richardson's lodging with the skeleton-keys, I tried several of them, hot could not open the door—I tried at No. 21, in the same place, which is an empty house, and one key opened the door—I think an active man might get from the attic of that house to the prosecutor's, which is three doors off—I produce the articles I found.
Cross-examined. Q. How was a man to get to the attic of the prosecutor's house? A. He might walk along the parapet, or he might walk in the gutters—he would have a very little bit of a wall to climb over—it might be done by one man, as well as more.
MARY RICHARDSON . I was at home on the evening in question, and think I had seen the property safe about seven o'clock—it was in the attics—I had been in the first floor room the greater part of the evening—I was out part of the time—I discovered the robbery about half-past eleven—I suppose the house had been broken open, but did not discover any marks of it—there were marks by which they appeared to have come in at the back attic—part of these things are mine, and part my sister's.
(William Stevens, publican, Smithfield; George Curry, potato-dealer, Brook-street, Holborn; Thomas Griffiths, inn-keeper, Gray's Inn-road; and—Robinson, eating-house-keeper, Compton-street, Brunswick-square, gave the prisoner a good character.)
GUILTY . Aged 24.— Transported for Fourteen Years.
1126. CATHERINE MCCRINE was indicted for stealing, on the 14th of March, at St. Dunstan, Stebonheath, alias Stepney, 1 ring, value 10s.; 1 shawl, value 2s.; 1 pair of scissors, value 2s.; 1 needle-case, value 6d.; 1 brooch, value 4s.; 1 seal, value 6d.; 1 breast-pin, value 18d.; 1 almanac, value 1s.; 4 sovereigns, 1 10l. Bank-note, and 1 5l. Bank-note, the property of Mary Smart, in the dwelling-house of William Gray.
MR. DOANE conducted the Prosecution.
MARY SMART . I am a widow, and live in Hardwick-street, Commercial-road, in the home of William Gray, in the parish of St. Dunstan, Stepney. The prisoner had been in my service—she quitted on Friday the 12th of March—in consequence of something that occurred that day, I went to see whether my money was all safe—there was 110l. in notes and gold—the notes were a 5l. note, No. 84292, and a 10l. note, No. 61116—I have a memorandum of them—I put them into a small snuff-box, and the gold into a little case, and put them both into a dressing-case, which I put into a drawer in my bed-room—on the Sunday following I went to chapel—on the Thursday following I missed my notes, and four sovereigns, and between ten and eleven that same morning, I went with the policeman to the prisoner's brother-in-law, No. 8, Middle Grove-street, Commercial-road—I saw the prisoner there, and saw a box opened ty the officer, in which were found a brooch, a pin, a needle-case, a pair of scissors, a seal, and a pair of gloves, of mine—I said they were mine—the prisoner did not deny it—she did not say any thing—I afterwards
saw a pink handkerchief of mine at Lambeth-street—the prisoner had no business to come to my house during my absence on the Sunday.
JANE DRISCOLL . I am servant to the prosecutrix. I remember the Sunday evening my mistress went out—the prisoner came about seven o'clock, and asked if Mrs. Smart was at home—I said she was not—she said, "Oh, if Mrs. Smart was at home, I would not come up"—she did come up, and I went with her to the bed-room—I had the child there—she took it out of my arms—she sent me out for a quartern of gin—I said I could not leave the house, I knew my mistress did not like it—she said, "Oh, I often left the house unknown to my mistress"—I at last went—I brought the gin—she gave me half a glass, and drank the rest herself—she afterwards sent me out for a pint of the best ale, and told me to get it at a public-house in Harbour-square, which is some distance, not where I got the gin—I went as far as Harbour-square, but turned back and got it at the same public-house where I got the gin—I came back, and went up stairs—the prisoner was waiting on the stairs—she had told me not to knock, because Mrs. Gray, the landlady, would know she had come—I did not knock—she said, "Pray, Jane, don't let Mrs. Smart know I have been here, I know she would not like it."
ANN JACKSON . I am a widow, and live in Sidney-street, Commercial-road. On Sunday evening, the 14th of March, a little before eight o'clock, I think, or a little later, the prisoner came to my house and had a little supper with me—while at supper she said she was going to Ireland to see her mother, and wished to treat us with some brandy—she wished me to go for half a pint, and gave me a 5l. note to change—I said I did not like to change it, had she no other change—she said no, and I said, "Do, I don't like paper, I am afraid of losing it"—I went out and got it changed at the George public-house, in the Commercial-road—I gave the prisoner the change.
Cross-examined. Q. I suppose you would not know the note again? A. No, I never opened it.
GRIFFITH PLACE . I am bar-man at the George tavern. On Sunday evening, the 14th of March, Jackson came to get a 5l. note changed—I put it into the cash-box—the prisoner came with Jackson that evening, and had a drop of brandy, for which she paid in silver—I afterwards saw a 10l. note in Mr. Williams's hands—the name of Smart was on both the notes.
ROBERT SAMUEL WILLIAMS . I keep the George tavern., On this Sunday evening the prisoner came with two other respectable-looking persons, and gave me this 10l. note, which I marked, and put into my cash-box—I gave her nine sovereigns, and the rest in silver—in consequence of what was said to me, I looked into my cashbox, and found one note there and one in the cash-drawer—I paid them into Hankey's, my bankers—the name of Smart was on both of them—they were marked in a very peculiar manner just over the signature—I was not present when the 5l. note was changed.
Cross-examined. Q. Are you sure the prisoner was one of the persons that came? A. Yes, quite—I did not receive the note from her own hand, but from my other young man, who is not here—I cannot, of my own knowledge, tell who produced the note; the prisoner owned it, and I gave the change to her—I first offered it to a friend with her, who was a gentleman in appearance, respectably dressed—he said, "It is not for me, it is for her," and she claimed it, and took the change.
went to No. 8, Middle Grove-street, Commercial-road, with Mrs. Smart—I found the prisoner there—Mrs. Smart went into the house previous to my going to the door—they were up stairs when I went in—I went up to them—the prisoner said, "Oh, Mrs. Smart, how could you think it was me that had the money? if you think it is me, you are quite welcome to go down stairs to search my box"—we went down and searched the box—it was locked—I asked her where the keys were—she said she had given them to the child to play with—I broke it open, and found in it a pin, a needle-case, a brooch, an almanac, a pair of gloves, and a pair of scissors—Mrs. Smart said she could swear to the things, and the prisoner said every thing belonged to Mrs. Smart, with the exception of the brooch, and that did not—she denied knowing any thing at all of the notes.
Cross-examined. Q. Was it to Mrs. Smart she said that every thing belonged to her except the brooch? A. It was, I am sure of that—Mrs. Smart said, "Kitty, you know these things are mine," and the prisoner answered, "They are, except the brooch."
CATHERINE MARINE . I am the wife of Thomas M'Crine, the prisoner's brother, and live at No. 8, Middle Grove-street, Commercial-road. After the officer was there I found three keys and a purse with some money in it—I do not know how much—I had seen two of the keys with the prisoner—I cannot say whose purse it was—I had seen a purse with the prisoner, but I cannot say it was the same purse—the keys and purse were in the copper, both together—the prisoner was not in the house at the time I found them—she had been there for two days before that—I gave them up to an officer.
Cross-examined. Q. How long have you known the prisoner? A. Six years—she bore a very good character indeed—she has been from Ireland four years.
WILLIAM DAVIDSON DAY . I am a policeman. The last witness gave me these keys, and this purse containing twelve sovereigns, five half-crowns, 1s. 6d. and a gold ring—I tried the keys to the prisoner's boxes, and they fitted them—I produce the box in which the articles were found.
MRS. SMART re-examined. These notes have my name on them—they are the notes which were safe in the box in my bed-room, on Friday, the 12th of March—these things now produced are mine.
Cross-examined. Q. Had the prisoner known where the money was kept? A. Not that I know of.
(Elizabeth Harris, widow, of Worship-square; and Peter Leaver, a green-grocer; gave the prisoner a good character.)
GUILTY . Aged 19.— Transported for Fourteen Years.
1127. WILLIAM BUCHANAN was indicted for stealing, on the 21st of February, at St. Dunstan Stebonheatb, alias Stepney, 10 sixpences, 8. groats, 4 10l. Bank-notes, and 1 5l. Bank-note, the property of George Buchanan, in his dwelling-house; and that he had been before convicted of felony.
SARAH BUCHANAN . The prisoner is my son. On the 17th of February my husband went out about three o'clock—about five I went into my bed-room, and observed that the box had been opened—the lid was not quite open—I called the prisoner—he was down stairs—I said, "What
have you been doing, William?"—he did not answer—I said, "If you have been taking any thing from the box, put it back again"—he said "I have nothing," and walked down stairs, and left the house—I then fainted—I did not see him again till he was brought home by his father—the lock of the box had been broken.
GEORGE BUCHANAN , I live in the parish of Stepney. On Sunday, the 21st of March, I looked into my chest, in my bed-room—there were four 10d. notes and one 5l. note, 10s. 6d. in silver, and about eight groats—I locked them up in the chest again—I went out, about three o'clock in the afternoon, with my wife—we returned about five—I went out again—when I came back in the evening, my wife gave me information—I went up stairs, and found the lid of my box broken open, and the four 10l., and the one 5l. notes, and the silver, gone—the prisoner did not return—I saw no more of him till I took him myself, three weeks after, in the Commercial-road—I took him into custody, and brought him home—I have never recovered a farthing of the money.
JAMES PORTCH . I am a policeman. The prisoner was delivered into my custody by his father—I found on him forty leaden bullets, a quantity of loose powder, 6 3/4 d. in money, and a penknife, which his father claimed,—as I was taking him to the station, I asked whether be had any accomplice in spending such a quantity of money in such a little time—he said he had, but he did not know where he lived, where he was, or what his name was—he said he had spent the money going to different watering-places.
Prisoner. I throw myself on the mercy of the Court.
GUILTY , Aged 17.— Transported for Life.
1128. GEORGE CHILDS, alias Giles, was indicted for feloniously being at large without lawful cause within her Majesty's dominions, before the expiration of the period for which he had been ordered to be transported.
JAMES FRYER . I am a policeman. From information I received, on 16th of March, I went to No. 14, Boston-street, Hackney, and found the prisoner sitting by the fire—I told him I was a police-constable, and bad come to apprehend him—I have a certificate of his former conviction.
Cross-examined by MR. PAYNE. Q. Do you hold the official character mentioned? A. I do—this was before the establishment of the Central Criminal Court—I was Clerk of the Arraigns before the establishment of that Court.—(The certificate was here read, by which it appeared that the prisoner had been transported for the period of his natural life.)
Cross-examined. Q. Had he not told you just before that he was not the person? A. Yes—I said nothing to him between the time of his saying that, and that he had sooner be 50,000 miles back—I am positive he used the word "back"—I did not make any memorandum of the conversation—I went to the place from information I had received—I do not know how long he bad been living there—my father gave me the information—where he got it from I do not know—he is not here.
Cross-examined. Q. Do you mean to say you recollect the man distinctly? A. I do—he is very little altered—he is rather sunk in he cheeks to what he was—I am quite sure that he is the person—I cannot be mistaken about it.
Cross-examined. Q. Do you know how long he has been living at this place? A. I do not—I beard of his being at home four or five months ago, but did not go after him.
GUILTY . Aged 37.— Confined Six Months, and then Transported for Life.
BENJAMIN SAMUELS . I am a professor of mineralogy, and live in Oxford-street. On the 15th of March I left my shop for a minute or two—when I returned I found the prisoner in the shop, standing against the counter—he offered an old silver coin for sale—in consequence of what my wife said to me, I asked the prisoner if he had seen any person go in or out during the time he had stood in the shop—he said he had not—I then made a search, and told him I had lost four watch keys, and asked if he had seen them—he said, "No"—I kept him there for about half an hour, and sent for a policeman, who found these four watch-keys' on him—they appear to be mine—they are plated.
Cross-examined by MR. BALLANTINE. Q. It was your wife who missed them? A. Yes—she apprised me of it—she is too unwell to attend—I cannot myself say that any were missing—I looked on the table where she said they had laid, and they were missing—I did not examine the stock—I do not know that four rings are missing—there is no private mark on these keys, but they correspond precisely with those I lost.
ROBERT ASHLEY . I am a policeman. I was called in—the prosecutor said he had missed four watch keys off his counter, and from the short period he had left the shop, he suspected the prisoner must have them—the prisoner said I might search him—I pulled his jacket on one side, and found the watch keys under his arm.
(The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy. — Confined Fourteen Days Solitary, and Whipped.
Fourth Jury, before Mr. Recorder.
SIDNEY VARDON . I am a stock-broker, and live in Oxford-terrace On the evening of the 15th of March I was in High-street, St. Giles—my attention was attracted by a noise, and the prisoner was brought over to me, charged with picking my pocket—the person at the same time produced my handkerchief—I felt in my pocket, and missed it—I collared and gave him into custody—this is my handkerchief.
Fitzroy-square. On the evening of the 15th of March, between six and seven o'clock, I was in High-street—I saw the prosecutor going along, and three men round him, one behind, and two on each side of him—I looked about, and saw the prisoner lift up the prosecutor's coat-skirt, put his hand into his pocket, take out the handkerchief, run across the road, and drop it in the middle of the street—I ran across, collared him, and took up the handkerchief—I brought him back to the prosecutor, who claimed the handkerchief.
Cross-examined by MR. PHILLIPS. Q. Are you sure the prisoner is the person? A. Yes—I had never seen him before.
(The prisoner received a good character,)
GUILTY. Aged 20.—Recommended to mercy. — Confined Six Months.
ELIZABETH ESTHER TOLLIT . I am the daughter of John Tollit, No, 95, Strand. On the morning of the 17th of March I was serving in the shop—the prisoners came in, and asked me to show them some rings—I reached them out a tray, and noticed a large cameo ring among them—they did not look at that, but at another ring—Jones took the ring first, and then handed it to Baron—Jones drew the tray near to him, and I then saw him take a cameo ring off with his left hand, and conceal it in his right hand—I then went to the door, held it, and called William Cooper to assist me—while I was holding the door Jones tried to push me away to get out—I afterwards saw the ring on the counter—it is worth 2l.,—it was about the same part of the counter as I had seen him endeavour to conceal it, not a yard from it—he had transferred it from the left hand to the right, and closed his right hand with it—Baron endeavoured to attract my notice the while by examining the other rings—Jones asked him if he liked a ring—he said he did not exactly like it, and drew my attention towards him while Jones took the cameo.
Cross-examined by MR. PAYNE. Q. How near were you standing to them? A. Within a yard—the counter was between us—Baron was nearest to me—I swear I saw Jones take the ring with one hand, and put it into the other—they were close together—I saw the cameo ring on the counter afterwards—I turned the leaf of the counter over against them, and closed the doors to keep them in the shop.
Cross-examined by MR. DOANE. Q. Were you serving in the shop when they came in? A. I was attending the shop, but there was no customer—Baron remained there till the policeman came—before the policeman came he said, "Oh, you will let me go and tell that young man's friends, as I have not done any thing"—I said, "No," and he remained—I remained at the door till the policeman came.
COURT. Q. How did Jones try to push by you? A. He tiled to poll me away from the door by force—I had one door open, calling for assist-ance—I had not said what I had seen him do—Jones appeared to have been drinking—I noticed it afterwards at the station, but not at the time—it was not very perceptible—he did not appear so when he first came in.
On Wednesday, the 17th of March, I was passing Mr. Tollit's door—Miss Tollit spoke to me, and I called for a policeman—I saw Jones at the time coming out at the door—Miss Tollit bad her hand across the door—he was trying to get past her—I prevented him—he then went back into the shop, and placed something on the counter—Miss Tollit afterwards took the ring up, and gave it to the policeman—Baron said, "I have nothing to do with it."
Cross-examined by MR. PAYNE. Q. Who are you porter to? A. The Privy Council-office—I did not know Miss Tollit before—I stopped at the door till a policeman passed—I was standing at the door when I saw Jones go to the counter, and put something on it—I was four or five feet from him then.
THOMAS BLUNDEN (police-constable F 93.) I went to the shop—Miss Tollit gave the prisoners in charge with the ring, which the said Jones had dropped on the counter—I produce it—I found 6s. on Jones, and 11d. on Baron—there was no money to pay for a ring—Jones was the worse for liquor—Baron appeared confused.
MISS TOLLITT re-examined. I know this ring to be my father's, and what I saw Jones take.
Cross-examined by MR. PAYNE. Q. How. many rings were there on the tray? A. About forty, but we have not another like this in the shop.
JONES— GUILTY . Aged 25.
BARON— GUILTY . Aged 20.
Confined one year.
EDWARD SHEPHERD . I am a timber-merchant, and have a wharf at Wenlock-basin, City road. On the evening of the 15th of March I was passing one of the gates of the wharf, which is usually kept shut, and it was open—I saw a person outside with some boards on his shoulder, apparently shifting them—I thought it strange, but did not take any notice of him—I made inquiry at the counting-house, in consequence of which I ran to the gates—they were still open, and there were some deals outside on the footway.
JOHN BYETT . I live in Princes-court, Bunhill-row—I work for a person named Austin. On the 9th or 11th of March the prisoner brought two deals, and put on the truck—I went with him to Plough-yard, Shoreditch, just by the side of the railway—some more deals were brought another day—on the 13th he brought two more, which were taken to a court past Shoreditch church, I cannot tell the name.
THOMAS BAULSON . I am the prosecutor's foreman. On the morning of the 15th of March I went to a gate belonging to the yard in Wenlock-road—I found it open—some deals had been lying outside the gates—I examined the stock within, and missed some—the stock appeared disturbed—I saw two deals lying outside—they were brought inside—I went to Austin's shop, and saw two deals lying on his truck—they belonged to my master—I returned to the yard, and Austin afterwards brought the prisoner to the counting-house—I asked what he was going to do with the deals—he said he had taken them, a man had employed him, and he had had the truck three times previous—I asked who the man was—he said he did not know, he met him promiscuously, and he employed him—I asked where he
had taken the deals to—at first he said he did not know, but afterwards when Austin's boy came he admitted they were taken into Shoreditch, at the end of Holloway-lane—I gave him into custody.
GEORGE AUSTIN . I am a green-grocer, and live in Cross-street—I 1st out trucks. The prisoner first came to my place to hire a truck on the Tuesday morning, the week before the 15th of March, to the best of my knowledge—he said he wanted it to take two deals in to Shoreditch—he had none with him at that time—they were set against a wall on the opposite side of the road—he fetched them to put on the truck—being in our way to Spitalfields-market, the lad helped him with them—I took the prisoner into custody on Monday morning, the 15th, and left him in charge of Baulson.
NATHANIEL CARTER (police-constable M 254.) On the 15th of March the prisoner was given into my custody at the prosecutor's counting-house—he said some man met him on the City-road-bridge, and hired him to take the deals—about two hours afterwards, in going down to Worship-street police-office, he said, "I was a fool to go back for the other two"—he did not say what two.
GUILTY .** Aged 19.— Transported for Seven Years.
1133. CATHERINE BARRY was indicted for stealing, on the 20th of March, 2 bed-gowns, value 8s.; 2 pairs of drawers, value 5s.; 2 shift value 8s.; 4 petticoats, value 12s.; 1 pillow-case, value 2s.; 4 shirts, value 10s.; 2 aprons, value 2s.; and 4 pinafores, value 5s.; the goods of John Backhouse.
JAMES ANDERTON . I live in Little Camden-street, Camden-town, and am a mangier, employed by Mrs. Backhouse, of No. 3, Lower College-grove. On the 20th of March, the prisoner came to my house with 2d., and said she came from the Grove for a dozen of mangling—I said, "What, from No. 3?"—she said "Yes"—I said, Mrs. Backhouse had taken the things with her in the morning, and I was just going to send for the others—she said they were not ready yet—I asked how long it would be before they were ready—she said, "In an hour's time."
FRANCIS CHISHOLME . I am the wife of William Chisholme, and live at No. 3, Upper College-grove, Camden-town. On the 20th of March, the prisoner came, and said she was come for my mangling—I said, "Do you come from Mrs. Chiswell?"—she said, "Yes"—I said, "I owe her 3d. is that what you came for?"—she said "No"—I said, it must be a mistake, as there was a No. 3 in the Lower Grove, I frequently had a mistake—she went away,
ELIZABETH FARNES . I am a servant out of place, but at present live with Mrs. Backhouse. On the 20th of March she went out, and I got some things ready for the mangle—about the middle of the day, the prisoner came and asked for the mangling—I said they were not ready, she was to come again—she said, "Can't you let me have a few now, end we will fold them?"—she said her mother had nothing to do then, and would be very busy by-and-by—I folded up the articles stated, and put them into a basket, with a towel over them, and gave them to the prisoner—she had a shawl on, which she covered over the basket, as it was raining at the time—she asked what time she should come for the rest—I said, that would be all this week, and she went away—I had never seen her he fore—Mrs. Backhouse had told me she would call, and send the mangling
man for them, and I supposed the prisoner had come from there—I did not know any of them.
Prisoner. It is false—I did not have them. Witness. I am confident of her.
SARAH BACKHOUSE . I am a laundress, and am the wife of John Back-house, and live at No, 3, Lower College-grove. Anderton mangles the things that I wash—on the 20th of March I went out, leaving Fames to get the things ready for the mangle—when I returned I missed some things—I went to the station, and gave information—the prisoner was brought to my house on the Sunday—I had never seen her before—I asked her how she came to take these things—she said, indeed she did not take them—most of the things were entrusted to me to he washed, and I have to make them good—the shirt and apron were my husband's—the things taken are worth 2l. 14s. 6d.
EDWARD RICHARDSON . I am a policeman. I took the prisoner into custody in Gray's Inn-lane—I asked when she was last in Camden-town—she said she had not been there since she saw me last—I told her I wanted her for a basket of linen that bad been stolen out of the Grove—the said she knew nothing about it, she had not stolen them—I took her to Mrs. Backhouse's, and Fames identified her as the person who had called on the Saturday before—the prisoner denied it.
GUILTY. Aged 15.—Recommended to mercy.—
WILLIAM LANE . I am an ironmonger, and live in Great Titchfield street. On the 13th of February, I lost a copper coal-scuttle from my front shop—I had seen it at nine o'clock the previous morning—seen it since—I know it by two rivets at the handle—I believe I know Self by sight—I think I have seen him in my neighbourhood.
Cross-examined by MR. PAYNE. Q. Is the scuttle your own? A. No, it was sent to me to repair, and these two rivets were put in by my man—ft was close against the window.
JOHN REED . I am a boot and shoemaker, and live in Bell-street. On the 12th of February, I was in the parlour of my house—Self lodged in the back kitchen—I saw him come in with a copper coal-scuttle on his shoulder—another young man was with him—I sent to a policeman, and they were both gone when I got the policeman—I delivered the coalscuttle to him.
Cross-examined. Q. You were not close to the scuttle, were you, when he was carrying it? A. No—it was a little before twelve o'clock on Friday—the scuttle was going to be tarried out of the house, and I stopped it in the prisoner's sister's custody, tied up in a basket—I never saw any other scuttle in the house.
RACHAEL REED . I am the wife of last witness. I was in the shop with ray husband on Friday, the 12th of March, and saw both the prisoners—Broker rang the bell, and Self had the coal-scuttle on his shoulder—they
went down into the back kitchen together—Self lodged in the back kitchen—they remained there about half an hour, and then went out together.
Cross-examined. Q. You only saw them go by the shop window, did you? A. I saw them come by the window—they did not come into the shop—I did not see them go in at the street door—their friends came to let them in—I only saw them pass the window—I saw them go out it the front door half an hour afterwards.
JOHN TURNER (police-constable D 39.) I was spoken to by Reed, on the 12th of February, and went to the Sun public-house, in Lisson-grore—I found Self lying on a bench—I told him I wanted him for a highway robbery, being concerned with Porter—I took him out, and then asked him about the coal-scuttle—he said he knew nothing at all about it—I afterwards went to the lodging at Reed's, and found the scuttle in a cloth-basket, with a cloth over it—the prisoner's sister bad got it.
Cross-examined. Q. Did not you say, "What have you done with the coal-scuttle?" A. Not when I took him—I asked him that at the station, and he denied having ever had one—he was remanded for nearly a month respecting the highway robbery, but it came to nothing.
JAMES HAMBROOK . worked on the Birmingham line as a labourer. I was present when Self was tried here—I had apprehended him—he is the person described in this certificate, which I got from Mr. Clark's office—(read.)
BROKER— NOT GUILTY .
SELF— GUILTY . Aged 21.— Transported for Ten Years.—(See p. 903.)
NEW COURT.—saturday April 10th, 1841.
Fifth Jury, before Mr. Common Sergeant.
1135. HENRY MELVIN was indicted for stealing, on the 16th of March, 3 brass bearings, value 8s., the goods of the Great Western Railway Company.—2nd COUNT, stating them to be 8lbs. weight of bmt; to which he pleaded
GUILTY . Aged 28.— Confined Three Months.
GUILTY . Aged 17.— Confined Three Months.
1137. GEORGE GUTHRIE was indicted for embezzling, on the 5th of February, 12s. 6d.; on the 19th of February, 1l. 10s.; and on the 15th of March, 17s. 8d.; the monies of Hugh Swair, his master; to which he pleaded
GUILTY . Aged 11.— Transported for Seven Years.—Parkhurst.
HUGHES pleaded GUILTY . Aged 14.— Confined Two Months.
WILES pleaded GUILTY . Aged 14.— Confined Eight Days, and Whipped.
GUILTY . Aged 25.— Transported for Seven Years.
GUILTY . Aged 16.— Confined Four Months.
CAUSTON pleaded GUILTY . Aged 15.— Confined Three Months.
EDWARDS pleaded GUILTY . Aged 15.— Confined Six Months.
GUILTY .* Aged 36.— Confined One Year.
MR. BALLANTINE conducted ike Prosecution.
BARTHOLOMEW SAMUEL ROWLEY ADAMS . I am clerk in the Parliament office of the House of Lords—I have a room communicating with Lord Shaftsbury's room, and by another door with an anti-room. On the 2nd of April, a little before five o'clock, I left my room—I am not certain whether I closed my door, I generally do so—I noticed my coat in my room the day before, hanging on a peg—in half or three quarters of an hour I returned by the anti-room to my own room—as I was going in I saw the back of a man going out by the door leading to Lord Shaftsbury's room—I went to that door—I heard the handle of Lord Shaftsbury's door, leading to the anti-room, move—I returned through my own room to the anti-room, an met the prisoner as coming from Lord Shaftsbury's room—I am not able to say whether he had a coat with him, it is possible—he met me and said, "Do you want a lamp, sir?"—(it was perfectly light)—him there before—I told him, "No"—he left the anti-room—I then went to my own room, and found the coat was gone—I communicated my loss to Moyes—I then went into the passage of the house, and met the prisoner coming from the direction of the coal-cellar—the coat now produced is mine, and the one which was hanging in my room.
GEORGE PERRY . I am in the service of Father and Joy, contractors for lighting the Houses of Parliament. I have the superintendence of the men there—the prisoner was employed as a labourer, to assist in cleaning the lamps—about five o'clock in the evening, on the 2nd of April, a communication was made to me—I had some business to attend to, after which I went into the general lamp-room, which is at a different part of the house to Mr. Adams—it was the prisoner's duty to bring every night three lamps to the general lamp-room—on going there I found them—it was earlier than they are usually brought—I then went towards Mr. Adams's room—there is a coal-cellar near there—the prisoner has business there between one and two o'clock, after that he has very rarely any business
there—it is usual to have a lamp at that door, but I found no lamp—I called out, "Halloo, who is there?"—in a minute after the prisoner cane running up the stairs and said, "It is me, Mr. Perry"—he appeared confused—I asked what he was doing there—he said he had merely come in to see if they wanted any assistance—I asked him where Scrivener was—he said in the lobby—I and the prisoner came out into Palace Yard—I let him go on, and returned to the coal-cellar—I got a light, and found the coat lying on some coals or coke, in a corner of the cellar—I took possesion of it, and then went to the general lamp-room, and found the prisoner and two or three more persons—I asked him if he had been into Mr. Adams's room about a lamp—he said he bad—I said, "You know very well you have no business, to go there, how is it?"—he said the lamp wanted cleaning, or something, I could not make out—I then told him a coat had been stolen, and he was suspected—he said, did I think him a thief? and many other observations, which I cannot recollect—I told him I had found the coat, and I found him in a place where he ought not to have been, and it appeared very suspicious—he still denied it—I did not think myself authorized to do any thing—I saw him afterwards in company with some other men, who were saying, "You must have taken the coat, Mr. Adams saw you in his room"—I heard him say, "Well, I have stolen the coat, and who can," or "they can't prove it against me, for no one saw me take it"—he said he took it to pay for some liquor which he had lost in a skittle-ground—previous to that I had told him to go away, and not show himself again—he claimed his wages—I did not pay him—I made a communication to Mr. Joy.
SAMUEL SCRIVENER . I am a lamp-lighter under Mr. Perry. I have a smaller lamp-room under my superintendence—it is near the coal-cellar—the prisoner has no right there in the evening, or at Mr. Adams's—a little before seven o'clock on the 2nd of April, I was standing in the lobby—I saw the prisoner and said, "Halloo, Torn, what do you do here?"—he made some answer, but I could not catch the words—the door shut too quick—the prisoner was going towards the coal-cellar—afterwards I went to the general lamp-room, and Mr. Perry called me out—when I returned the prisoner asked me what he wanted—I did not tell him—I said he was accused of taking the coat—he disowned it at first—I heard the men upbraiding him, and he said he did take the coat to pay for some money or some drink that be lost at skittles.
GUILTY . Aged 22.— Confined Three Months.
MR. PHILLIPS conducted the Prosecution.
ARTHUR GURNEY . I am a licensed victualler, living in Brewer-street Somer's-town—Goodwin gave me information, in consequence of which I marked one shilling on the 27th of March—the prisoner was in my employ as barman—when he had finished his pots he came into the bar—I desired him on that night to count out the copper in the till—(I had put the marked shilling in the till which contains the copper, but no silver whatever)—when he had counted the copper, I asked him if he had found one
willing there—he said he did not—I said, "Are you sere?"—he said "Yes"—I said there was a shilling put in, and he must hare found it—I tent for a young man to look at the coppers, and he did not find it—I then asked the prisoner what he had got in his pocket—he said 2s.—I asked him to poll them out—he pulled out 1s. 6d. and the shilling was the marked one—I sent for the policeman, who asked the prisoner what money he had got of his own—he pulled out one shilling, but he did not say how he had got the other.
Cross-examined by MR. DOANE. Q. He was set to count the coppers by Howland? A. Yes, and by myself—I believe Howland bad not above ten minutes' conversation with the prisoner after he had counted the coppers—I was not with him while he counted them, but Howland was, and when I came up, I found him and Howland together—I had some suspicion against Webster—after the prisoner was ia custody, his sister came twice to intercede for him.
Q. Did you not say to her that if he would give evidence against Webster you would look over this? A. No—I do not believe I did—I will not swear I did not—I made one mark on this shilling, and a neighbour, who is not here, made another—the prisoner had been serving that night, before he counted the coppers.
MR. PHILLIPS. Q. What passed between the sister and you? A. She called twice one day—I was not at home—when I did see her she was crying, and said she knew it was the other party, not her brother, and she would endeavour to get all she could out of her brother, that the other might be convicted—I had suspected Webster before this.
THOMAS HOWLAND . I am upper barman at Mr. Gurney's. He gave me the shilling to put into the till where the copper was—I was present when the prisoner was questioned about what money he had got, and he produced a shilling and a sixpence—my master recognised the shilling—the prisoner did not say how he came by it.
Cross-examined. Q. Are you the person who asked him to go and count the coppers? A. Both I and my master did—there was a silver fourpenny piece in that till—he had pat that on one side—I did not talk to him at all—my master came up after the counting had gone on—he asked the prisoner if he had seen a shilling amongst the coppers—he said, "No."
PHILIP GILLIAM , (police-constable S 157.) I took the prisoner—I asked him how much money he had got in his pocket—he said, a sixpence—I asked bow he came by the marked shilling—he said he had 1s. 6d.
GUILTY . Aged 28.— Confined Six Months.
WILLIAM STUTTLE . I am a carpenter,' and live in Exmouth-place, Commercial-road. I was coming down the road on the 7th of March, at a quarter before nine o'clock in the evening—I felt a tug at my pocket—I turned round and saw the prisoner and another standing about half-a-dozen yards from me—they came forwards, and I asked if they had picked up my handkerchief—they denied it, and I saw the other hand something to the prisoner—I said, "You have got my handkerchief"—they both said, "have not got it, you may search me"—Mr. Ansell then came up, and asked if I had lost anything—I said, "Yes, my handkerchief"—he seized
the prisoner, and he dropped the handkerchief, and tried to get a way-this is my handkerchief—I am sure the prisoner dropped it.
Cross-examined by MR. BALLANTINE. Q. Are you as sure of that as that they both said, "I did not do it?" A. Yes—the prisoner dropped this handkerchief down by his side—I cannot say whether be put his hand into his pocket—I was watching him—he could not have been holding it in his band while I was talking to him—he did not put his hand behind him I—it was by his side.
BENJAMIN ANSELL . I am a shoemaker, and live in the Commercial, road. I was crossing the road, and saw the prisoner's hand in Mr. Stuttle's pocket—I followed him, and spoke to the prosecutor when he turned round—I saw the prisoner draw the handkerchief three parts of the way out of Mr. Stuttle's pocket, and then a person came up and intercepted me—I could not see it quite drawn out—the prisoner dropped it by his side.
Cross-examined. Q. What time was this? A. About a quarter before nine o'clock—the gas was lighted—I was about a yard from the prisoner when be first put his hand into the prosecutor's pocket—he might have seen me—there was another person walking with him, by his side—the prisoner was nearest to the prosecutor—I cannot say whether the other was looking round.
(The prisoner received a good character.)
GUILTY . Aged 24.— Confined Three Months.
1146. CHARLES DAVIS and JAMES QUIN were indicted for stealing, on the 10th of March, 1 handkerchief, value 2s., the goods of William Cave, from his person; and that Davis had been before convicted of felony.
WILLIAM CAVE . I am an omnibus conductor, living in Harford-street I was returning home about twelve o'clock on the 10th of March, with a female on my right arm—I got to Marylebone lane, and noticed some persons walking behind me—I thought they wanted to pass—I looked back, and saw the two prisoners—I am sure they are the two—I felt my coat fall against my leg—I looked, and missed my handkerchief, which I had used a short time before, from my left-hand pocket—the two prisoners passed me, and went up Henrietta-street—I said, "You have stolen my handkerchief"—they immediately commenced running—I ran after them—I followed Davis, who turned down Welbeck-street—Quin kept straight on in Henrietta-street—I saw Davis, as he passed an area, stoop, and just beyond there I overtook him, and told him he bad stolen my handkerchief—he said be bad not—during the scuffle Quin was brought up—the policeman came, and took them—I told the officer where I thought Davis had stooped, it was the first or second area in Wei beck-street—the handkerchief produced is mine—I do not know it by any mark, it is like the one I lost, as far as the pattern goes.
Cross-examined by MR. PHILLIPS. Q. How many thousand pattern' of that kind are there? A. There may be hundreds more like it, I do not swear positively to it—I was before the Magistrate—I never said, "The handkerchief produced is my property, the same as I missed"—I never put my name down to such words, to my recollection—I told the Magistrate what I have told you—if I have signed that, it is a mistake—the clerk read it over to me in the private office—he desired me to attend to it, and I signed it—I did not desire him to correct any error—the female was a
young woman with whom I keep company—about three year ago I was time-keeper at Charing-cross—I was in the employ of a man named Byers—I left him as soon as I could—I cannot tell how often I was a witness for him, nor how many oaths I took before I was disgusted with him, I think a hundred—I had a situation offered me at last, which I thought would be more to my credit, and I have been there three years—I bad 2l. a week from Byers—that was for writing, I did not swear also—I was not forced to swear—my object in taking the 100 oaths was to protect the revenue—I am not a ware what the expenses a day are here, I thought it was 3s. 6d.—upon my oath I did not say before the Magistrate that this was my handkerchief—(depositions read—"The handkerchief is my property, and the one I missed")—I do not believe now that I used those words—I do not remember the publican to whose house I went for the purpose of laying information—I indicted him and a lot of his blackguard customers at the Clerkenwell Sessions—I did not prosecute that indictment—I went to the Sessions—I was fined something for not appearing—I did not swear against them at the Magistrate's—I am quite certain I did not go before any Magistrate—I went before the Grand Jury—I did not give them notice that I was going—I do not think they were ever taken—I paid 40s. by order of the Court.
Cross-examined by MR. BALLANTINE. Q. What did yon leave Byers for? A. My family's feelings—I am married, bat me and my wife have been separated two years—I know the name of the lady I was keeping company with, she lives at No. 20, Harcourt-street—she is not here—she and a gentleman's coachman brought Quin back—the coachman is not here—I was perfectly sober—I had been to the theatre—I never saw Quin before, to my knowledge—I think he said he bad not been with the other, and did not know him.
COURT. Q. How was it yon did not prosecute the publican, and the persons who assaulted you? A. I think we were too late—there were two policemen in the S division who protected me from their violence.
HILL BECK (police-constable S 127.) About twelve o'clock at night, on the 10th of March, I saw the prosecutor and Davis struggling in Welbeck-street, the prosecutor said he had been robbed of his handkerchief, and Davis had dropped it down the area—during that time Quin was brought over by the woman and the coachman—the prosecutor immediately said, "That is the other"—I took them to the station, returned to Welbeck-street, and found this handkerchief half-way down the area, within five yards of the place where I saw Davis and the prosecutor-Cave said he believed that was his handkerchief, it was like it—when he was before the Magistrate be said he believed it was his, and in the private room he owned it—I know Mr. Rawlings's handwriting, this is it—I was present during the examination of the two prisoners—I heard the statement they made—this is it.
Cross-examined by MR. PHILLIPS. Q. This handkerchief was hanging between the rails? A. Yes, on the side of the foot-path—this statement was made in the public office—Mr. Rawlings was there when it was taken down—the prisoners were not in the private office—I cannot say whether the Magistrate took it down—I heard them say this before the Magistrate.
COURT. Q. Did you hear the statement they made read over to them afterwards? A. No—I heard these words said by Davis, "Davis says
my friend and I were coming from bearing a song in Mortimer-street; the gentleman ran after us, and said we bad robbed him of his handkerchief; Quin says, "I know no more about it than a child unborn."
DAVIS— GUILTY . Aged 17.— Transported for Ten Years.
QUIN— NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
ANDREW BROADBENT . I am in the employ of Mr. William Blackmail Noble and another, who keep the Friern Dairy-farm. The prisoner was in their employ in January last—here is a paper by which he was engaged at 18s. per week, and the further sum of 1/2 d. per quart on all the milk he sold above sixty quarts per day—it is signed by him, and dated the 23rd of November—it was his duty to take out the bills to the customers, and it was my duty to make out the bills—I made out this bill (looking at it) to Mrs. Bass for one week's milk, ending on the 2nd of January, and on the Monday following I gave it to the prisoner—it is one of the printed forms of the farm—when I made it out, the first item on it was an arrear of 6s. 7d. which was for four weeks previous, and immediately after that was 1s. 2d. for that week's milk, making a total of 7s. 9d.—our collector received this bill back from the customer—the words "J. Tolhurst," on the bottom of it, are the prisoner's handwriting—the bill is not now in the state it was when I delivered it to the prisoner—the 6s. 7d. and the 7s. 9d. have been erased, leaving on it only the 1s. 2d. for that week's milk—here is the bill (looking at it) for the week's milk up to the 9th of January, to Mrs. Bass—I made out a bill to the 9th, and delivered it to the prisoner on the Monday as usual—this is not the bill which I delivered to him—the arrears of 7s. 9d. have been omitted, and the total also, which was 10s. 11d., leaving on it 3s. 2d. only—on the 16th I delivered him this other bill—it is not now in the same state, the 10s. 11d. and 14s. 1d. have been erased—this bill of the 9th of January is in the prisoner's writing—here is no erasure on this—the prisoner had no proper access to any of the bills of the farm—he has never accounted to me for these sums received—I do not know when he left.
LYDIA RAMSEY . I was in the service of Mrs. Bass, of Hatton-garden. The prisoner brought the milk—he brought a bill every week, and received the money weekly—I received this bill of the 2nd of January of him, as it is now, with 1s. 2d. on it—I paid him that, and he put his name to it in my presence—he brought this bill of the 9th of January, with 3s. 2d. on it, as it is now—I paid it him, and he put his name to it—here is a bill of the 16th for 3s. 4d.—I paid him that, and saw him pot his name to it.
CHRISTOPHER LAMB . I am clerk to the prosecutor. I handed weekly to the prisoner the bills he had to receive—I handed him these bills, of the 2nd and 16th of January—(this of the 9th is the prisoner's writing)—if he received them, he was to pay it to me—he has not paid either of these sums to me—he quitted the service on the 30th of January, without notice, and was found at Hollingshead, in Kent.
GUILTY . Aged 27.— Confined Six Months.
(There was another indictment against the prisoner.)
CHARLES REYNOLDS . I am parish-clerk of St. Peter's, Exeter. I produce the marriage register, by which it appears, on the 1st of December, 1830, the prisoner was married to Hannah Cross—I knew her—she is now in Court—I know the prisoner to be the man.
Cross-examined by MR. CLARKSON. Q. Do you know that she is the person who instigates this prosecution? A. I suppose she is—she is about forty-five years old, perhaps.
DAVID COLLINS . I live in New-road, at Spall, in Lincolnshire. On the 10th of December, 1888, I was present at St. Margaret's church, Westminster, when the prisoner was married to Charlotte Gerrand—I signed my name to the register—I know that they lived together afterwards—she was a lodger of mine.
Cross-examined. Q. They have been living together ever since? A. Yes—there has been no complaint of any misconduct on the part of his second wife—I knew nothing of him before.
GUILTY . Aged 52.— Confined Six Months.
MR. DOANE conducted the Prosecution.
WILLIAM KIRTON . I keep a coffee-house in Peerless-place, City road. I have a number of periodicals and books there for the use of the customers—it is my custom to stamp my name on those books—I missed four vols. of Ainsworth's Tower of London, on the 2nd of February, and on the 12th of March I went to Wade's, in Whitecross-street—William Wade went out and brought in the prisoner—I told bin I had lost the "Tower of London"—he said he bad got it of a young man named Stevens, and paid him 10s. for it—I said he was a pretty judge to give such a sum for a second-hand book—he said it was a new work, and just out—he said he had sold them for 4s. and I should not be a loser of them, for he would get them for me—I gave information, and he was taken—these are the books, and the marks where my name has been erased.
Cross-examined by MR. PHILLIPS. Q. Did not the prisoner direct you to go to Dungar's? A. He went and showed us the place—these books cost me 16s.
GEORGE DUNGAR . I keep a circulating-library in Bridgewater-gardens. On the 12th of March the prisoner brought these books under his arm to sell—he asked me 10s. for them—he said they were his own, and he had taken them in at 1s., a number—I offered him 4s. for them, which he took—I gave them to the officer—I had never seen him before.
AUGUSTUS BOULLARD . I am a shoemaker. I was in Whitecross-street prison, and the prisoner came several times to me—about the beginning of March, he brought me two vole, of Ainsworth's "Tower of London," to read, and then the other two—he said he had other works, if I liked to have them—I saw the prosecutor's name in them, and gave information.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Three Months.
THOMAS FROST . I am a professor of music, and live in Seymour-street, Euston square. On the 5th of March, about half-past seven o'clock, I was walking along Bowl-yard, Hoi born—I felt a touch at my coat-pocket—I turned, and saw the prisoner behind me—I felt my handkerchief was gone, and he had it in his hand—I seized, and accused him of picking my pocket, and having my handkerchief—he said he had not—I saw him throw it behind him—a person who was with him, walked back, and stooped, pretended to pick it up, and he gave it to me—the prisoner begged me to let him go, as I had got my handkerchief—he said I might have a wife and family of my own, and he was a poor fellow out of work—the officer came up, and I gave him in charge.
GUILTY . Aged 20.— Transported for Ten Years.
HENRY WARD . I live in Silver-street, Wood-street, Cheapside, and am a carpenter. I was at work in Shepherdess-fields, on the 11th of March—I put my jacket into the tool-basket, outside the building—I saw Shillingworth go to the basket, and take up the jacket—he laid it down again, and then Godfrey took it up, put it into his apron, and walked off with it—I went after him—Shillingworth went the other way—I overtook Godfrey, and asked what made him steal the jacket—he said it was a case of distress.
Cross-examined by MR. JONES. Q. Do you mean to swear you sat Shillingworth take it? A. Yes, I came to the window, and saw him take it out of the basket—he then laid it on the ground, close to the basket-Godfrey took it up behind him directly, and put it into his apron—Shilling worth drew a stool in front of the basket, that we should not see him.
EUGENE VANN . I was at work at the building—I saw the two prisoners come down the street—I saw Shillingworth draw a stool in front of the tool-basket—he laid lengthways on the stool, put his hand behind him, and drew the jacket out—Godfrey went up to him, took it up, and pot it into bis apron.
Godfrey's Defence. I met this young man as I was passing the City-road—he said, "You have got a very bad jacket on, if you will come with me I will give you a better."
GODFREY— GUILTY . Aged 24.
SHILLINGWORTH†— GUILTY . Aged 19.
Confined Ten Months.
1152. JONATHAN IREMONGER was indicted for stealing, on the 3rd of February, certain watchmaker's tools; that is to say, 1 pair of turns value 2s. 6d.; 1 watch, value 18s.; 1 watch-guard, value 2s.; 1 watch-movement, value 1s.; 1 watch-dial, value 1s.; 1 screw-venal, value 6d.; 2 screw-plates, value 11s.; 1 bow-saw, value 5s.; 1 adjusting-rod, value 1s.; 1 hand-vice, value 2s.; 1 screwdriver, value 6d.; 1 gauge, value 2s. 6d.; 2 screwkeys, value 1s. 3d.; 1 blowpipe, value 6d.; 1 hammer, value 1s.; 1 timepiece-stand, value 1s. 6d.; 1 drilling-tool, value 4s.; and 1 spring-tool, value 3s.; the goods of James Trezies, his master.
JAMES TREZIES . I am a watchmaker, and live in Little Russell-street, Bloomsbury—I employed the prisoner to work for me. On the 4th of February, in the evening, I was absent from home about an hoar and a half—I returned about half-past seven o'clock—I had left the prisoner there, and in the course of business he ought to have been there when I returned—I desired him to be there, but he was gone—he ought to have come to work on the following morning at nine o'clock, but he did not—I then examined, and missed all the tools and other articles named in the indictment, and a duplicate of a silver watch—I found the watch bad been redeemed—this is it, and these are some of the tools.
Cross-examined by MR. CLARKSON. Q. I believe you have no wish to press hard against this boy? A. No, he had been in my employ before—he first came in 1839—he sometimes earned half-a-guinea a week, sometimes more, according to the time he worked—I paid him regularly—I had pawned the watch, I believe, for 10s.—here is the guard of die watch—there is no particular mark on the watch, but I know it is the same—the name on it is Thuckwell, and the number on it is 44,908, or 44,098.
JAMES JOHNSON (police-constable E 96.) I apprehended the prisoner at a coffee-shop in Kent-street, in the Borough, on the 10th of February; I found on him four pieces of metal and two duplicates, one was of this watch, and the other this pair of turns,
GUILTY. Aged 21.—Recommended to mercy by the Prosecutor. Judgment Respited.
WILLIAM HORSFORD . I am a constable, in the service of the Men-dicity Society. On the 3rd of April I was in Portland-place—I met the prisoner and two others—I saw the prisoner get into a cart, and take a leg of mutton out—he walked a short distance, and then began to run—I ran and stopped him—I asked what he was going to do with it—he said, "To take it home"—I showed the mutton to French, here is the bone of it.
JOHN FRENCH . I drive Mr. William Giblet's cart. I was in Portland-place, and got out to deliver some meat—a leg of mutton was gone from the cart—Horsford showed it to me, and I knew it was my master's.
Prisoner's Defence. A butcher was standing by the cart, and he told me to carry the mutton to the bottom of the street.
GUILTY . Aged 28.— Confined Six Months.
1154. CAROLINE HAMSTON and SARAH HAMSTON were indicted for stealing, on the 15th of March, 1 counterpane, value 10s.; 1 blanket, value 9s.; 1 gown, value 9s.; 1 candlestick, value 2s.; 1 pair of shoes, value 2s.; 1 table-cloth, value 2s. 6d.; 2 yards of crape, value 1s. 6d. and 4 yards of lace, value 9d.; the goods of Thomas Jacques.
on the 15th of March, I locked my room door, went out, and took the key with me—I was soon after sent for—the prisoners were then it Worship-street—I found my door unlocked, and all these things gone, which were safe when I went out—the door had been unlocked by a key.
WILLIAM MARGERY . I keep a grocer's shop next door but one to the prosecutor—I was looking about at half-past three o'clock that day, and saw the two prisoners come out of the prosecutor's house, loaded with something in their aprons—I had been robbed myself a short time before—they turned up an alley adjoining my house, and began to run—I saw the landlady of the house where they came from—they were pursued and brought back—I gave information to Mrs. Calcraft, and her husband and son ran after hem.
JOHN CALCRAFT . I received information, and pursued the prisoners—they both ran into a house—I pursued them—Caroline had these things under her shawl—I asked what she had got, and she dropped them—she called out, and Sarah came from behind the door—I took them to the station, and got the policeman—when they were gone to the station, I went behind the door where Sarah came from, and found this bigger bundle.
Caroline Hamston's Defence. I was looking for work; I saw a woman who asked me whether I would earn a shilling or two—I followed her—the told me to wait until she came down—she went up stairs and brought down this parcel, and a little bonnet—she told me to follow her down the alley, and as we were going, she told me to run—she ran into this house, and I went after her—the witness came and took me—I called to my sister, she came to me, but she is not guilty—it was me and the other woman, not her.
C. HAMSTON— GUILTY . Aged 19.
S. HAMSTON— GUILTY . Aged 15.
Confined Six Months.
1155. OBADIAH BARKER was indicted for stealing, on the 11th of March, 8 forks, value 21s.; 6 knives, value 3s. 6d.; 14 spoons, value 4l. 14s.; and 1 saddle, value 15s.; the goods of Thomas Alexander: to which he pleaded
GUILTY . Aged 24.— Confined Nine Months.
JOHN ROWE . I am a traveller. On the evening of the 5th of April, I was in St. Paul's Churchyard, and met the prisoners just opposite the Goose and Gridiron public-house—they asked for something to drink—I gave them a shilling—I had at that time eight sovereigns loose in my pocket, and a purse containing four other sovereigns, and a sixpence—as soon as I left them I beard a sovereign drop, I picked it up and put it into my pocket, with the other seven—I then missed my purse containing the four sovereigns and sixpence, which was a cracked one—I have seen the sixpence and the purse since.
Cross-examined by MR. PHILLIPS. Q. What did you give them the shilling for? A. I supposed they were going to spend it in drink—they gave me nothing for it—I had met them on Ludgate-hill before, when I was in company with some friends—when I picked up the sovereign, I saw Herbert put her hand under her clothes.
Cross-examined by MR. DOANE. Q. What time of the night was this? A. Near twelve o'clock—I saw them on Ludgate-hill before that, when I had two gentlemen with me—they just spoke to me then—the gentlemen then left me, and went down Creed-lane—I then went to the Churchyard alone, and met the prisoners there—I did not take out my purse for the shilling—I took that out of my waistcoat pocket—I had been supping that eight at the Cock public-house, in Fleet-street—we had a pint of stout etch, and I had some soda-water.
ADAM SPACEY (City police-constable, No. 203.) I took the prisoners, and they were searched by the female searcher at the station, but the inspector was not satisfied, and he sent me with the prisoners to St. Bartholomew's Hospital—while they were waiting at the door Herbert dropped this sixpence, which the prosecutor swore to—this purse was found by the officer on duty in St. Paul's churchyard, close by where I took the prisoners—Herbert claimed the sixpence, and wished me to give it to her—when the surgeon had got hold of Herbert at one end of the room, he called me, and I found in her hand two sovereigns.
HERBERT— GUILTY . Aged 21.— Confined Six Months.
SMITH— NOT GUILTY .
Sixth Jury, before Mr. Sergeant Arabin.
RICHARD PARSONS . I am the son of Richard Parsons, a butcher, in Leather-lane. On the 19th of March, about nine o'clock I saw the prisoner take the mutton from the stall-board outside—he ran away—and caught him with it
Cross-examined by MR. PAYNE. Q. Where was it when you stopped him? A. It was in his hand, and he dropped it—there was another boy with him—the prisoner said he did not intend to do it.
(The prisoner received a good character.)
GUILTY . Aged 10.— Whipped and Discharged.
1158. CALEB SMITH was indicted for stealing, on the 20th of March, 1 pair of stockings, value 6d.; 1 pair of scissors, value 6d.; 1 candlestick, value 4d.; 1 handkerchief, value 4d.; and 1 shell, value 2d.; the goods of Robert Parnham.
ROBERT PARNHAM . I am an appraiser, and live on Hounslow-heath. I lost the property stated from my house, on the 20th of March, about half-past seven o'clock in the evening—the stockings and handkerchief were taken out of the parlour, and the other things from the kitchen and another room—I was at the Wellington beer-shop, about two hundred yards from my house, that evening, about half-past seven, and was paying
some bricklayers for some work—the prisoner came in and brought the brass candlestick in his hand—he put it on the table, and said to the land-lord, "Master, do you want to buy such a thing as this?"—he then said, "See, what a nice shell I can sell for 2d."—the landlord told him to go on, and shortly after, while he was in the tap-room, a person brought out a pair of scissors which he had bought—I then went home—I heard my dog barking, and I found my front door fast—I walked round the bouse, and just as I got to the back door I met the prisoner coming out of my kitchen—I seized him and took him back to the beer-shop—this handkerchief and stockings were produced to me—I then looked at the candlestick, and found it was mine—these things are all mine, and were safe in my house before—my back door was not fast.
THOMAS HANSON . I live at Hounslow. I was in the tap-room, it the Wellington, and saw the prisoner—I bought the handkerchief and stockings of him for 6d.—I saw him sell the candlestick and shell—he said he was in distress—I saw the prosecutor bring the prisoner in, and I gave up the property.
CHARLES JENKS (police-sergeant T 20.) I was on duty, and took him in charge.
Prisoner's Defence. I found the bundle just outside the public-house door, and I brought it in; I showed it to the landlord, and said, "Is this jour candlestick?" He said, "No" I took it into the tap-room, and could not get any body to own it; I then tried to sell it.
GUILTY . Aged 21.— Confined Six Months.
JOHN PALMER . At a quarter to three o'clock, on the 25th of March, I saw the prisoner pass Mr. Page's shop, in Hampstead-road—he cut the string of a pair of boots which hung at the window, and ran away—he did not take hold of them at all—I went and called out—he was pursued and taken.
NOT GUILTY .
1160. WILLIAM SWEDEN, JAMES NICHOLSON , and JOHN SCOTCHER , were indicted for stealing, on the 16th of March, 58lbs. weight of rope-yarn, value 10s.; and 6 yards of hempen cloth, value 4l.; the goods of Samuel Burchfield.
HENRY HUTTON (police constable K 60.) I know the premises of Samuel Burchfield, a rope-maker, in Poplar. About a quarter-past ten o'clock in the evening of the 16th of March, I saw Nicholson and some other boy rolling up something in the road—I stood looking at them some time—I saw something else thrown over a fence, and immediately after a third person jumped over the fence, and they all three ran off—I turned on my light, and found it was a quantity of rope-yarn and two or three old cloths—I sprang my rattle, and followed—Simpson came to my assistance—I caught Nicholson, and saw Sweden and Scotcher concealing themselves behind some scaffolding-poles—I then laid hold of Scotcher—we left
the prisoners in another officer's custody, came back, and secured the property—I took them to the station, and afterwards found, in an out-house on the premises, two or three pales forced off, and in another house another pale had been forced off where a great quantity of this yarn was kept, and it was evident that this sort of yarn had passed through there, for the nails that were left had got yarn on them.
Cross-examined by MR. PAYNE. Q. How far is it from where you found the yarn and old cloths to the scaffolding-poles? A. A good way.
JOHN SIMPSON (police-constable K 25.) I heard the rattle, and ran down North-street—I saw three boys and the officer run down—I pursued and took Sweden—I passed Nicholson, who was in his custody—the other two ran further up than Nicholson, to get to some scaffold-poles—I took Sweden from behind them, in James-place, North-street—we took them to the station, then went to the premises, and found what Hutton has described.
Cross-examined. Q. Were the officer and the boys before you? A. Yes—I left Nicholson, and ran on before him.
Cross-examined. Q. What do you call this? A. Knotted rope-yarn; this other is hempen cloth.
Nicholson' Defence. We were coming from, a concert, and saw some rope-yarn thrown over a fence; the policeman sprung his rattle, and we ran to the corner of North-street, and hid behind the scaffold.
Scotcher's Defence. I met these boys, who asked me if I was going borne; I said, "Yes;" that is all I know.
(Sweden and Nicholson received good characters.)
SWEDEN— GUILTY Aged 14.
NICHOLSON— GUILTY Aged 14.
Confined Three Months,and Whipped.
SCOTCHER— GUILTY . Aged 14.)
1161. MARY TURTON was indicted for stealing, on the 17th of March, 2 blankets, value 2s. 6d.; 1 pillow-case, value 6d.; 1 table-cover, value 6d.; and 1 table-cloth, value 2s.; the goods of Catherine Morley.
CATHERINE MORLEY . I am a widow, and live in Draycot-place. I let the front-parlour furnished to the prisoner—she paid me 6s. a week—on Friday, the 16th of March, the week after I missed my property, I requested to see the room, that all was safe in it, and when I went in, these things were gone—she said they were gone to be washed—she had only paid me 4s.—she still kept there, and said the things were coming home from the wash—I never permitted her to pawn my things.
RICHARD BOSSER . I am assistant to a pawnbroker in King's-road. I produce a table-cloth, table-cover, pillow-case, and other things—the prisoner pawned the cover and pillow-case with me in the name of Mills—I did not take in the first, which are a blanket and other things.
(Property produced and sworn to.)
(The prisoner pleaded poverty.)
GUILTY . Aged 20.— Confined Three Months.
JANE BROWN . I am the wife of Peter Brown; we live in North-street, Manchester-square, and are out of business at present. On the 15th of March, between seven and eight o'clock in the evening, my dress hung in the first-floor room, about three-quarters of a yard from the door, which was a little ajar—hearing the dress rustle, I looked up, and saw the hand and arm of a woman—I got up, went to the top of the stairs, and saw the prisoner going down stairs—I ran to the door and called, "Thief "—a boy stopped her in Little Burton-street—she held the dress till I came up to her, and gave it to me.
GUILTY . Aged 39.— Confined Six Months.
JOSEPH WOODLAND . I am in the employ of Mr. William Davis, a boot-maker, in Lamb's Conduit-street On the 26th of March I saw a man leaving the shop with two boots—he gave them to the prisoner, who was standing three doors from our shop—the prisoner ran away—I pursued, and he was taken—he threw the boots at me—these are them—they are my master's.
Prisoner. Q. How far was you from the door when you saw a person give me the boots? A. Not above nine yards—I could almost have pot my hand upon you.
Prisoner's Defence. I met a person who used to work for my father; I asked if he had got any work; he said, "Yes, up here," meaning up Lamb's Conduit-street; I went with him; he walked into the shop, came out, and put the boots into my arms, and said, "Run"—the prosecutor came out, and said, "Stop him;" I threw the boots towards the prosecutor; I had no idea that they were stolen; I did not run away with them.
GUILTY. Aged 19.—Recommended to mercy.— Confined Three Months.
CAROLINE ELIZA STEVENSON . I am in the employ of Mr. Francis Poidevin, who lives at Craven-hill, Bayswater—the prisoner was his servant. On the 26th of March I went to market, and when I returned I found the prisoner intoxicated—she had only been there three days—I searched her box, and found in it three bottles of wine and one of brandy—when I first wanted to see her box she objected, and said she would we me d—d first, but she at last gave me the key, and I found this wine and brandy in it, and one bottle of wine she had drank—the corks of the bottles had been cut off—she said they were her own, and she had brought then from her mother's in Wales—here is a mark on the bottom of the bottle of brandy, by which I know it is my master's—I cannot say whether the wine is his or not—I found a pewter-pot in the kitchen with the remainder of the wine in it.
Cross-examined by MR. BALLANTINE. Q. How do you spell your master's name? A. Poidevin—I have seen bottles marked like this before— the cellar is generally locked—the prisoner came from Wales—her mother keeps an inn there.
JOSEPH WALKER (police-sergeant D 5.) I was sent for to the prosecutor's, about three o'clock in the afternoon—I saw the prisoner quite drunk—the witness told me she found these bottles of wine and this of brandy in her box—Mr. Poidevin said he bought it twenty years ago.
NOT GUILTY .
OLD COURT.—Monday, April 12th, 1841.
Second Jury, before Mr. Common Sergeant,
1165. BENJAMIN CARTER, alias George Weston, was indicted for stealing, on the 4th of April, at St. Leonard, Shoreditch, 2 bags, value 6d.; 1 purse, value 3s.; 80 sovereigns, 16 half-sovereigns, 16 half-crowns, 60 shillings, 8 sixpences, and 2 groats, 2 10l., and 2 5l. banknotes; the property of Sarah Warboys, his mistress, in her dwelling-house; to which he pleaded
GUILTY .— Transported for Ten Years.
1166. JAMES CHEAFFERS and JAMES ROLFE were indicted for stealing, on the 14th of April, 7lbs. weight of bacon, value 4s.; 3lbs. weight of pork, value 2s.; lbs. weight of butter," value 1s.; and 1 basket, value 3d.; the goods of James Wilce, the 'master of Cheaffers; to which
CHEAFFERS pleaded GUILTY . Aged 23.— Confined One Year.
ROLFE pleaded GUILTY . Aged 23.— Confined Nine Months.
GUILTY .— Confined Six Months.
GUILTY .— Confined Six Months.
GUILTY .— Confined Six Months.
1170. SAMUEL MORRIS was indicted for stealing, on the 6th of April, 4 reams of paper, value 3l., the goods of Alexander Cowan and another; and WILLIAM BRAZIER , for feloniously receiving the same, well knowing it to have been stolen.
MR. PAYNE conducted the Prosecution.
JOHN POLLOCK . I live in Great St. Thomas Apostle, and am agent to Alexander Cowan and three others. Morris was a carter, to deliver paper for them, under ray direction—in consequence of information, on the 6th of April, I directed an officer to watch, and ordered Morris to take five bundles of paper, and twenty-eight separate reams, to Mr. Magnus, Fenchurch-street; and sixteen bundles from one pile, and five
from another, making twenty-one bundles together—in consequence of information, I afterwards went with the police inspector to Brazier's house, in Bond-court—he was fetched to his house by the inspector, and said the bundle of paper had been left there by some person, but he did not know who it was, nor where it came from—he immediately opened a cupboard door, where I found it—I knew it to be ours.
Cross-examined by MR. PHILLIPS. Q. How did you come by the paper? A. It was consigned to me from Scotland—I am not responsible for it.
RICHARD EDWARD OLIVER . I am a City policeman. In consequence of instructions I received from Pollock, I watched the warehouse—I placed myself at the drawing-room window, and saw Morris, with twenty-seven bundles, in the cart, and some loose reams—I followed the cart into Fen-church-street—he took out five bundles there, and the loose reams; then went into Jewry-street, and took out twenty-one bundles, leaving one bundle in the cart—he put the tail-board up, put a nose-bag in the cart, and put some loose paper into the bag—I then turned, and followed him back to Walbrook, to Bond-court—he there took one bundle of paper out—I did not see where he went with it—I apprehended him the same evening.
Cross-examined. Q. How near were you to him? A. About twenty yards—he might see me if he looked round—he did not know I was an officer—I was in plain clothes.
MORRIS— GUILTY .— Confined Nine Months.
BRAZIER— NOT GUILTY .
Before Mr. Baron Gurney.
MESSRS. ADOLPHS, RYLAND., and GURNET, conducted the Prosecution.
JOHN JAMES, ESQ . I am one of the Secondaries of the City of London. On the 14th of January an election took place at Guildhall for the office of Bridgemaster—Michael Gibbs, Esq., and Thomas Farncomb, Esq., the present Sheriffs, were the Sheriffs—three candidates were named, David Gibbs, George Ledger, and a third, whose name I do not recollect—he did not go to the poll—a show of hands was taken, which was declared in favour of Mr. Gibbs—a poll was demanded on the part of both candidates by Liverymen, in writing—this is the demand on the part of Mr. Ledger—the time for the poll was then fixed by the Common Sergeant—it began at three o'clock that afternoon—six poll-clerks were appointed—I was present—among them was William Jacques—he was sworn—this is the oath—(reads)—"You swear you will truly and indifferently take the poll at this election, and that you will set down the name of each voter, and his company, and place of residence or abode, and for whom he shall poll, and that you will poll no person who shall not be sworn, or shall not affirm, according to the Act in such case made and provided; so help you God".
Cross-examined by MR. BALLANTINE. Q. There is no form given in the Act of Parliament, is there, for that oath? A. The substance of it is in the first section—that is the form of the oath which has been invariably administered—the poll-clerks do not sit at different booths, but all in a row at one long desk, extending from one side of the hall to another.
Sheriff Gibbs was present part of the time—I was there the latter part of the day, from twelve till three o'clock—I was there from twelve till the close of the poll each day—daring that time Mr. Sheriff Gibbs was generally present—on the 20th he was there at twelve, and certainly until about two—I produce the poll-books, which have been in the care of the Secondaries—they are the poll-books taken at the last election.
Cross-examined. Q. During what time can you undertake to say Mr. Sheriff Gibbs was present on the 20th? A. He was there at twelve o'clock, and, I should say, the greater part of the time, till the close of the poll—I am not able to say positively, but I know he was there at the time I attended, and, to the best of my belief, he was there for one hour at least—if he left he only left for a few minutes—I cannot speak to any particular time that he was present, but if he did leave it was only for a short time—I went there at twelve on the 20th, and remained till the close of the poll it three, and to the casting up the poll—I can certainly undertake to say that Mr. Sheriff Gibbs was there half an hour between twelve and three, and an hour, I should bay two hours, certainly—if any one came to speak to him, he went away and left the hustings, perhaps, for a short time, but he must have been in Guildhall.
WILLIAM JAQUES . I acted as a poll-clerk' at the election of Bridge-master. I was there the whole election—every entry in this poll-book is made in my handwriting—there is an entry in my handwriting relating to Thomas Bradstock on the 20th—I remember a person coming up and giving me that name—I am not able to speak positively to the person who came—the first name given was Thomas Blackstock—there was afterwards a correction made—it is Thomas Bradstock—the correction was made from an observation made by a person behind me,—who stated that be knew him, and that he had given a false name—I then asked him to spell his name, and entered it from the way he spelt it—he gave me his Company as the Drapers'—I entered that and his residence, 4, Newport Terrace, Sidney-street, Mile End—I then administered the oath to him, "You do swear you are a freeman of the City of London, and liveryman of the Drapers' Company, and have been so twelve calendar months; your place of abode is 4, Newport Terrace, Sidney-street, Mile End, and you have not polled at this election, so help your God"—that oath was taken by him—he kissed the book—he voted for Mr. Gibbs.
Cross-examined. Q. Have you any recollection what time of day this was? A. Near twelve o'clock—I cannot call to recollection the exact time—I had a great number of oaths to administer that day—to every person who came to my book I put the oath in the terms I have given to-day—I cannot be mistaken on the subject—I used those words to every person who polled—I had at first a paper with the oath written down—I believe the paper was in the book at the time—I did not look at the paper—I have acted as poll-clerk before—I took some hundreds of votes during the whole election—there was a great crowd sometimes, and sometimes a great deal of noise, and a good deal of confusion at times.
COURT. Q. Was there any confusion at twelve o'clock in the day? A. No, nor at one o'clock—at the close of the poll there was confusion.
THOMAS DUDMAN . I was employed as check-clerk to Mr. Ledger, the candidate for Bridgemaster. Here is the memorandum I took on the 20th of January, of the votes given after twelve o'clock—I remember the defendant coming to poll there—I did not know him previously—he came
between twelve and one on the 20th, the sixth day of the poll—Mr. Sheriff Gibbs was present at the time—the defendant was asked his name by the poll-clerk—I understood him to say Blackstock—my attention was called to the circumstance by another check-clerk by my side—he spoke load enough to be heard by the defendant—he said, "Is that you, Tom?—his name is not Blackstock—it is Bradstock—how long have you been a liveryman?"—the defendant said, about fifteen months—I then altered the name to what the poll-clerk took down, which is Bradstock—I heard him asked his Company, and he stated the Drapers', and his place of abode to be Newport Terrace, Mile-end—the number I did not distinctly hear—I heard the oath administered to him.
Cross-examined. Q. Did you hear the terms of the oath? A. I did—I am able positively to say it was in the terms stated by Jaques—we mark the time on our sheets at the time we deliver them, every half-hour, and this occurred between twelve o'clock and half-past—this is the sheet which we call the slip, that we deliver up every half-hour—this is marked by me, "half-past twelve"—I am satisfied that is correct—the prisoner was perfectly sober.
JAMES CHURCHILL MEECH . I am a liveryman of the Innholders' Company. I was at this election as inspector, on the part of Mr. Gibbs—I know the defendant, and have done so since Christmas, 1832—I was present when he came up to poll at the election for Bridgemaster—it was between twelve and one o'clock—I recognised him and said, "Ah, Tom is that you?" he said, "Yes"—I asked how long he had been a liveryman—he answered, fourteen months—I saw him poll for Mr. Gibbs—the name put in was Blackstock—I said it was Bradstock—I could not any whether he gave the name of Blackstock or Bradstock—I corrected it, and it was altered to his proper name—I saw him kiss the book—On the following evening I was at a public-house called the British Oak, at the back of the London Hospital—one Turner was With me—I saw the defendant there on entering the room—the conversation began respecting the office of Bridgemaster—I recognised the defendant immediately, and made some observation that he had polled too—a question was then asked him how long he had been a liveryman—he said, six months—another question was asked him, if he knew the oath he took—he said, "Not exactly"—he was asked how he got his freedom—he said he was born free—he was asked how many times he had polled—he said, "Only once"—I made an observation that he was neither a freeman nor a liveryman—some conversation then arose regarding the bet of a sovereign, and I offered to bet a sovereign that he was not—a dispute then arose between us, and he struck me; but before that, I think the question was put to him, now I come to recollect, how much he bad for his vote—he said, "A crown."
Cross-examined. Q. Besides being Mr. Gibbs's inspector on this occasion, what are you? A. A carpenter by trade, and a fellow-ship porter—I live at No. 5, Rose-place, Globe-road, Mile-end—I have resided there ten or twelve years—I have no shop there—I have been a journeyman carpenter, but am a fellowship-porter—I am a carpenter now—I follow the fellowship occasionally—I am a master carpenter so the that if I get a job I do it, if not, I work as a journeyman—I have known the defendant since Christmas, 1832, by his father renting a house and shop of my mother—I never had any occasion to be at enmity with him—I was always good friends with him up to the time he assaulted me at the
British Oak—that most certainly made me angry—I expressed my feelings certainly—I know Mrs. Forster.
Q. Did you tell her you would take care to serve the prisoner out for the blow he gave you? A. I cannot say that conversation might not take place—I had some conversation with her one day—I will not swear I did not say so—I will swear I did not tell her that I expected to bed—well paid for doing so, nor any words to that effect—I can safely say so—I cannot say whether I did or not say to any body that I expected to be paid—the question has been asked me several times—I may have said, I expected to be paid for my time—I cannot say whether I said "the job"—I might or might not say so—I will swear I did not say to any one that I expected to be d—well paid for my trouble—there were one or two persons present at the British Oak public-house when this conversation took place—I do not think there were many—I think there were two besides the defendant—I cannot undertake to say that I should know either of them again—Turner was present at the conversation—he is here—there was some other person present besides him—Turner was present when I got the beating.
MR. ADOLPHUS. Q. Have you been paid a single shilling for any trouble or attendance you have had? A. One shilling with the subpoena I have—no promise whatever direct or indirect has been made by any person as to what I should be paid—what I expect is for loss of time.
THOMAS TURNER . I am a freeman and liveryman of London—I was employed as check-clerk at the election for Bridgemaster—I did not know the defendant—on the last day of the election, I was at the British Oak public-house—I believe the prisoner is the young man I saw there—I had some conversation with him—Mr. Meech, when we first went into the house, got into conversation with the young man, who I believe to be the prisoner, respecting the election, and Meech put to him that he had been giving his vote, which he acknowledged he had—Mr. Meech then asked him the Company he belonged to—he said, the Drapers' Company—I then said to him, "The Drapers' Company, that is a respectable Company, how long have you belonged to it?"—he then said about six months—I asked if he knew the nature of the oath he had taken at the hustings—he said, "Not exactly"—I then said, "The nature of the oath is you have been a liveryman and freeman of the Drapers' Company twelve months, and if only six months, your vote is not eligible"—I think there was something said about the mode by which he obtained his freedom—I am not exactly sure—I asked him, in a joke, if he received 10s. or a crown for his vote—he said, "A crown"—nothing more was said that I recollect—I believe I said, "Did you poll more than once?"—he said, "No"—some altercation took place, and Meech offered to bet him a sovereign that he was not a liveryman of the Drapers' Company, and pulled out a sovereign, and there was an altercation, but I was a good distance from them—Meech said, "I will swear he is not a liveryman of the Drapers' Company," and the defendant knocked him down.
Cross-examined. Q. For whom were you the check-clerk? A. Mr. Gibbs—it was a joke when I asked whether it was 10s. or 5s. he got—I do not know how I came to fix on those sums—I was not one of the parties who canvassed for Mr. Gibbs.
JOHN LAINSON, ESQ . I am an Alderman of London, and freeman of the Spectacle-makers' Company. I am one of the parties who joined in demanding the poll on the election—this is my handwriting (looking at the
demand)—I had been a liveryman for twelve months before the election.
Cross-examined. Q. Do you happen to know whether a person having once become a liveryman can cease to be so? A. I cannot say—I do not know whether any act done by a person can destroy that privilege—the qualification to vote, is to have been a liveryman twelve months previous to the election, the twelve months next before.
ROBERT THOMAS PERKINS . I am a freeman of London, and liveryman of the Patten-makers' Company—I am one of the persons who demanded a poll on the election of Bridgemaster—this is my writing—I have been a liveryman fourteen years.
(The demand for a poll was here read.)
EDWARD LAWFORD . I am clerk of the Drapers' Company. I have searched the books of the Company to ascertain whether Thomas Bradstock is a freeman of that Company—there is no person of that name, either now, nor has there been for the last twenty years, freeman or liveryman of that Company.
Cross-examined. Q. You searched back for twenty years? A. For forty years—I presume the qualification for voting is to be a liveryman twelve months previous to the day of election.
— SLOWMAN. I am beadle of the Drapers' Company, and have been so thirteen years last August—the duties of my station enable me to become acquainted with the members of the Company—the defendant if not a liveryman of that Company, nor has he been for the last twenty years—I have examined the books, and from my own personal knowledge, I can undertake to say he has not been a liveryman or freeman.
JOHN SEWELL . I am assistant-clerk of the chamber of London. I have searched the books containing the names of persons admitted to freedom for twenty-six years—I do not find the name of the defendant.
COURT. Q. All persons who are freemen and liverymen must have their names enrolled there? A. Freemen only—they must be freemen before they can be liverymen.
BENJAMIN SCOTT . I am clerk to the Chamberlain. I have searched the books in the office containing the list of freemen from January, 1815, to the present time—I do not find the name of Thomas Bradstock, the defendant, there.
RACHEL RIDLEY . I had the care of the house No. 4, Newport-terrace, Sidney-street, Mile-end, from the 17th of January until March—the defendant did not live in that house on the 20th of January, nor during any part of the time I had the care of it—there is no other Newport-terrace, Mile-end, that I know of.
THOMAS FEATHER . I am frequently employed by the City Solicitor—I made inquiry at Newport-terrace, Mile-end, after the name of Thomas Bradstock, at No. 4, and at numbers of houses about there, but could not find any such person any where about there, or as having lived there at any time—I made diligent inquiry.
MR. JAMES re-examined. Q. Who are the presiding officers for the election of Bridgemaster? A. The Sheriffs of London and Middlesex, if present; if not, the Secondaries—both the Sheriffs were present at the demand of poll—the poll was demanded in the presence of both, and granted by both, and the poll-clerks appointed by the Sheriffs jointly—the
Secondary is the under-sheriff of London—I was there every day, from the commencement of the poll till twelve o'clock, and then Mr. Potter came, and I returned at the close of the poll, to assist in casting it up.
GUILTY . Aged 22.— Confined Twelve Months, and fined One Shilling.
Before Mr. Common Sergeant.
1172. JOHN GREEN was indicted for stealing, on the 21st of March, 2lbs. 10oz. weight of bacon, value 1s. 6d.; and 1lb. weight of batter, value 1s.; the goods of John Taylor: and that he had been before convicted of felony.
JANE TAYLOR . I am the daughter of John Taylor, a boatman on the Paddington-canal. On Saturday night, the 21st of March, about eight o'clock, I saw this bacon and butter in the stern-cupboard of the boat—next morning they were both gone—I had seen the prisoner about several times, and at twelve o'clock on Sunday I saw him with a bundle—I told a policeman, who took him with the bundle, which contained the butter and bacon, which belong to my father—I know the bacon by the way in which I cut it.
GUILTY . Aged 45.— Confined One Year.
AMOS ANSELL . I live in Rawstorne-street, Clerkenwell. The prisoner came to my house on the 25th of April, and I served him with bread and cheese—as he was going away, I suspected, and stopped him at the door—I found a quart-pot of mine in his pocket—he had no business with it—he said he thought somebody must have put it into his pocket—this knife is also mine.
Prisoner's Defence. I was playing at skittles on Monday afternoon—there was rather a queer lot there, who got laughing at us—I was intoxicated, and while my coat was on the form, they put this pot into my pocket.
GUILTY .— Confined Four Months.
MARY SCULLY . The prisoner was in my service. I thought it necessary to sleep in a different room than usual, and on the morning of the 3rd of April, I was watching, and heard her come to the bar, open the bardoor, go in, open the tap-room shutters, and return to the bar—I got up, and caught her in the bar with ten penny pieces and sixteen halfpence in her hand—I had heard the money rattle—I said I had caught her at it—she asked me to forgive her—I had not counted how much I left in the
till—she did not deny its being my money—she was a very dutiful, good servant.
GUILTY. Aged 19.—Recommended to mercy. — Confined Eight Days.
JOHN RAYMENT . I am a chimney-sweeper, and live in White's-alley, Chancery-lane. About six o'clock in the evening of the 22nd of March, I was in Chancery-lane, and saw the prisoner in company with another woman—the prisoner was carrying a little boy, and as he passed me he cried very much, and said, "I want to go home to my mother"—I passed on about thirty yards, turned back, and stopped her in Cursitor-street—I said, "Do you know that child?" she said, "Yes"—I said, "Is it yours?" she said, "No, but I know its mother"—she dropped the child, and dropped a boot at the same time—the child said, "Give me my pinafore"—I asked her if she had got the pinafore—she said no, its mother had got it—I asked her several times—she said the mother had got it—the child turned round and said, "No, you have got it in your pocket"—I gave her in charge, and the pinafore was found on her.
Prisoner's Defence. The child was at the corner of White's-alley, crying very much—I asked what was the matter—he said he had lost his way—he had the pinafore in his hand—I took him in my arms, took the pinafore in my hand, and asked where he lived—the man came up and said I wanted to steal the child—the boot fell off itself—I gave the pint-fore and child out of my hand—I had no pocket on at all.
GUILTY . Aged 27.— Confined Nine Months.
JOHN WARREN . I live in Chancery-lane, and am foreman to William Henry Hammond, upholsterer, of Bell-yard. On Monday, the 5th of April, about eleven o'clock, I missed a chair—I went out, and pursued the prisoner to St. Giles's church—I gave him in charge to a policemen with the chair, which is my master's—he was walking with it the whole way, and I following him till I got a policeman.
Prisoner. How do you know me? Witness. I saw your face, and swear to you.
Prisoner's Defence. A man in Portugal-street gave it me to carry for
him, he told me to follow him to Holborn, and wait at a public-house for him.
GUILTY . Aged 30.— Transported for Seven Years.
ELIZA FISH . I am the wife of Henry Fish. On the 19th of March the prisoner came to our shop to purchase a pair of boots, and while fitting her with one pair, she took another pair from the shelf—she desired me to send the pair I had fitted on, to No. 6, Great Queen-street, Drury-lane—I followed her out of the shop, and called her bake—she came—I charged her with stealing a pair of boots—she directly took them from under her arm, gave them to me, and said she was very sorry, and it was her first offence—they are my husband's boots—I find she does not live in Queen-street, but in Gloucester-street, Queen-square—she did not say Queen-square.
(The prisoner received a good character.)
GUILTY. Aged 19.—Strongly recommended to mercy. — Confined One Month.
SARAH CODENHAM . I am the wife of John Codenham, a porter, and live in Little Wild-street, Drury-lane. On the 24th of March, about three o'clock, I sent my little girl, Mary Ann, to a friend's house in King-street—She had on a tuscan-bonnet—she returned a little after five without it—I gave information to the police, but it has not been found—I do not know the prisoner.
CAROLINE LAVELL . I am the wife of George Lavell, a painter, in King-street, Drury-lane. A little before five o'clock, on the 24th of March, I saw the prisoner leading the little girl down King-street—she took it into No. 33—it had a white tuscan bonnet on then, with a piece of blue ribbon—I am sure it was the prosecutor's daughter—I knew the child, and I knew the prisoner before—I afterwards saw the prisoner come through the Sugar Loaf public-house with a white tuscan bonnet with a piece of blue ribbon on it, partly concealed under her shawl—I am sure it was the same bonnet as I had seen on the child—she said to a young person in the parlour, "Here, Jenny, I will give you the bonnet"—she said, "No, I think you have nailed it"—She said, "May the Lord Strike me blind, I had it before I went in for my six months; I left it with a woman named Cooper, and she took the liberty to have it cleaned and altered; I saw it on the child, and I took it off the child's head, and I will give it to you"—directly the prosecutrix came down the street, inquiring for the bonnet, the girl the prisoner gave it to ran through the Sugar Loaf with it concealed under her arm, and got off with it.
Prisoner. I never saw the child, and never touched the bonnet. Witness. She did—she was quite sober—I never had any quarrel with her, but once—she told me she would smash me, I did not make her any answer—it was through a very frivolous thing, two or three days before she was taken up for this offence.
NOT GUILTY .
1179. EDWARD ARMSTRONG, JOHN CATOR , and FREDERICK CLEAVER were indicted for stealing, on the 1st of April, 1 coat, value 8s.; and 1 jacket, value 4s.; the goods of John Harris; and that Cleaver had been before convicted of felony.
MARY HARRIS . I am the wife of John Harris, a clothes-salesman in Wilstead-street, Somer's-town. On the 1st of April, we had a coat hanging up within the door—I saw it safe at seven o'clock, it was brought to me next afternoon—I had not missed it until then—Cleaver and Armstrong came to our shop on the evening of the 1st of April to purchase a jacket—I had none cheap enough for them—I said, if they would call in a day or two, I might have one to suit them—Cleaver was left in the shop last—I said to him, "Your friend is gone"—he said, "He is no friend of mine," and then he went away.
MARGARET MEREDITH . I am the wife of Richard Meredith. We keep a second-hand clothes shop, in Monmouth-court, St. Giles—on the evening of the 1st of April, I went outside my door to buy some meat for the dog, and when I came back I found the three prisoners in my shop, and this coat on the counter—I said, "What is this?"—my husband said, "The lads have brought a coat to sell"—I said, "It does not suit me, I shall not buy it"—(I saw no jacket)—Armstrong said, "Won't you buy it?"—I said, "No"—he said, "I want a crown for it"—I said, "I don't want any thing to do with it, so take it away"—he said, "Well, if you don't buy it for a crown, I can pawn it for a crown"—the officer then came in, and took them.
JOSEPH THOMPSON . I am a policeman. I went into Meredith's house, and there found the three prisoners—Cleaver had got the coat on, showing the quality and size of it—Mrs. Meredith was saying something about buying it—there was a little dispute about the price—the other two prisoners were standing by—I had seen them in company previous to going into the house, which caused me to apprehend all of them—at the station I found this jacket on Armstrong—he had two jackets on—he said he bought it in Petticoat-lane for 3s. 6d.
MRS. MEREDITH re-examined. We had no dispute about the price—I would not buy it.
Armstrong's Defence. I went into Meredith's shop, but I never spoke a word—Cator came in to buy a waistcoat—I bought the jacket in Petticoat-lane that evening at five o'clock—a man in shirt sleeves brought the coat in.
Cleaver's Defence. I did not take the coat in, it was in the shop—I put on, and said if it would fit me, I would buy it.
Cator's Defence. I went to ask if she had a waistcoat—she said, "Nothing but light ones," and just as I was coming out, the policeman took me—I know nothing of the other two.
ARMSTRONG**— GUILTY . Aged 16.
CLEAVER— GUILTY . Aged 17.
Transported for Seven Years.
CATOR— NOT GUILTY .
1180. RICHARD GOODIFF and HENRY CLARK PRIME were indicted for stealing, on the 16th of March, 5lbs. 6oz. weight of pork value 4s.; and 2lbs. 14oz. weight of mutton, value 1s. 11d.; the goods of Benjamin Sharp and another, the master of the said Richard Goodiff.
MR. DOANE conducted the Prosecution.
BENNETT WOOD . I am in partnership with Benjamin Sharp, as butchers, in New-street, Dorset-square—Goodiff was in our service seven or eight weeks—I know Prime by sight by coining to the shop—on the 16th of March, I was returning home about half-past eight o'clock in the evening, and passing my shop, I saw Goodiff with his back towards me, and Prime holding a cloth by three corners—I saw Goodiff take some meat and give it to Prime—it was put into the cloth—I did not go into the shop at the moment—as soon as Prime saw me, he said to Goodiff, "Hush," and threw the cloth and meat behind some carcases of mutton—he then took up a piece of neck of mutton, and said, "Weigh this for me, I am unwell"—I walked into the shop—Goodiff asked me how ranch it was,—it weighed 2 3/4 lbs. —I said, "1s. 7d."—I then took the doth and meat from behind the sheep, and said, "What a shame it is to rob me in this way, not retail, but wholesale"—the cloth contained a fore-loin of pork, and the chump end of a loin of mutton—the prisoners both said they knew nothing about it—I then asked Prime if the cloth belonged to him—he pretended to look at it, and said it did not—he paid me 1s. 7d. for the mutton, and walked out of the shop—I observed the initials "H. P." on the cloth—I did not at that time know Prime's name—I then called to Groves, our clerk, to pay Goodiff his wages, which he did—I accused him of the theft, which he denied—he went away—I afterwards went with the police to Prime's house—he opened the door, and I gave him in charge—we searched the house, and found some cloths with initials corresponding to the one in my shop, and almost all his things were marked "H. P."—in consequence of information I afterwards examined my premises, and found marks of pieces of fat on the cover of the water-closet, which is in the passage leading to the slaughter-house—I also found a hole in the ceiling of the stable, but could not see any marks there.
Cross-examined by MR. PHILLIPS. Q. Have mistakes never occurred in your shop? A. Not to my knowledge—I am not aware that a leg of mutton was sent back from a customer named Austin, deficient in weight a pound—I never gave any directions to Goodiff about it—I did not expect Groves would pay him his week's wages—I found he bad paid him 10s.—I afterwards sent word to him by my man Fuller, that if he did not return part of the wages, I would prosecute him for felony—I desired Fuller to tell him to return for the time he was not in my service—I did not name any amount—I intended he should only be paid for two day—I expected 5s. back, but Fuller did not see him—he is not here.
NOT GUILTY .
SARAH HAYWARD . I am the wife of John Hayward, tinman, of Norfolk-buildings, Skinner-street, Somers-town. I hung a saucepan out in front of the shop—I missed it, and, in consequence of information, ran out, and found the prisoner with it—this is it.
Cross-examined by MR. HORRY. Q. Are you certain, you had not sold it? A. I am.
GUILTY. Aged 19.—Recommended to mercy. — Confined Eight Days.
JOHN BRIDGES . I am a solicitor's clerk. About eleven o'clock, on the 26th of March, I met the prisoner, and went to a public-house in the Minories with her—I pulled out my money, and asked the landlord to take charge of it, but he refused—it was seven sovereigns and some silver—I then went home with her to her lodging in Essex-street, with the money in my pocket—the last time I remember having it was in the Minories—I went to bed about twelve o'clock—she got up in the morning about a quarter of an hour before me, and went down, stairs—I then found my money was gone—I do not remember seeing my money after I was in the Minories—she came back again, and I said to her, "What have you done with my money?"—she said, "I suppose you have left it with some of your friends in Whitechapel;" and she went with me to a house in Whitechapel-road, where she said I had been drinking—I could not find it, and gave her in charge—the house was searched by the policeman, and seven sovereigns and sixpence found under a brick in the coal-cellar, in the parlour of the house.
Prisoner. He bought some pies for supper when I went home; we went to several public-houses, and at each house be tried to leave the money with the landlord, and went to a gambling-house; I asked him what be wanted to get rid of; and he said, a sovereign, which he wished to deposit in the landlord's hands; we went to several public-houses; I went up stairs to make the bed; and while I was up stairs, I think he must have hid it in the coal-cellar; he gave me 4s. 6d. before he went to bed; he said "I will give you 4s. in the morning;" in the morning I got up, and got breakfast ready; he said, "Do you know where my money is?" I said "No, unless you have left it with some of your friends, as you wished to do;" I went round with him to all the public-houses he had been to, but could not find—it; he then gave me into custody; they went to search my place, and he found the sovereigns himself in the coal-cellar; I never took the money, nor saw it till it was found. Witness. I never was in the coal-cellar—I think I was sober enough to be certain of that.
SILVANUS GILL . I am a policeman. After I searched the house all over, except the coal-cellar, I took her before a Magistrate—the prosecutor was not satisfied, and wished the house searched over again—the prosecutor went first into the coal-cupboard—the prisoner then began to get very fidgetty, and walked about, and sighed very much—she prosecutor got a light, and she blew it out once—the prisoner shovelled the coals up in one spot—I thought it was there, and the prosecutor found it was there—he put his arm under a piece of brick, brought out one sovereign, and then brought out the other six.
Prisoner. I raked the coals about; but as to knowing the money was there, I did not.
NOT GUILTY .
and discharged the prisoner on Friday, the 2nd of April—the policeman brought some tobacco to me next day—part of it was some of the 7lbs. I had missed.
Cross-examined by MR. PAYNE. Q. Can you swear to tobacco? A. Yes—it resembles it in every respect—Mr. Jacobs has a great quantity of tobacco—it comes over to England ready stripped—it comes so to other people as well as to us—people are not in the habit of selling smuggled tobacco in this state—I have had sixteen years' experience in the business—to the best of my knowledge nobody sells tobacco in this state—it is spread, which the prisoner had done with his own hands.
GEORGE TREW . I am a policeman. I went to a house in Blackbirdalley, Bethnal-green, and found the prisoner in the act of making cigars—he had this small quantity of tobacco lying on the table, damp—I asked if he had any more—he said, "No"—I said, "I am going to search your place"—he said, "There is no more"—I afterwards found the rest of it.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy. — Confined Four Months.
ROSA FAIRCHILD . I lodge with Mrs. Cooper, in Berkley-street, Con-naught square—the prisoner was in her service. I had a watch and watch-chain—I left it on the dressing-room table when I went to bed—I missed it on the morning of the 1st of April—that now produced is mine.
Prisoner. Mrs. Cooper gave it me to pledge.
MARY COOPER . I live at this house—Miss Fairchild lodges with me—I never saw the prisoner after ten o'clock the night before—I did not give her the watch to pledge—she left in the morning before we were up, without notice—the watch was then gone—she was only five days with me.
Prisoner. She gave it to me at half-past eight o'clock; I did not know whose watch it was; she deceived me when she engaged me; it is a brothel.
GUILTY . Aged 19.— Confined Six Months.
JAMES WILLIAMS . I am a seaman, and live in Old Gravel-lane. I was with a woman in Bluegate-fields on the evening of the 7th of April—I cannot tell who it was—I went to the house of the prisoner Hillman—I paid the young woman 5s.—She left me—Hillman came up after the girl left me, and told me I must go out of the house—I told her I had paid for the room, and I should not leave it—She took hold of me by my waistcoat, tore two buttons out, and said I should leave the house directly—I had a watch and key in my pocket—the prisoner Smith then came in—she told me I could stop there all night along with her if I chose—I told her I had but little money left—I gave her half-a-crown, and she agreed to let me stop there till morning—Smith said to me, "You had better give your watch in charge to the landlady till the morning"—I said I could take care of it myself—she said, "No, you had better give it to the landlady"—she called Hillman up again—She had left the
room—I gave Smith the watch, and she gave it to Hillman to take care of till the morning—I saw her hand it to Hillman—in the morning when I wanted it Smith told me I could not get it—I asked why—she said it was in pawn—I told her I could not stop, I should go, and if I could not get my watch I must go elsewhere, and try to get it—this is my watch now produced—I cannot say whether Smith had the watch back from Hillman—I believe she had.
Cross-examined by MR. PAYNE. Q. It was the first girl you went with that took the 5s.? A. Yes—I could not make any outcry about that, as there was nobody in the room but myself—I stopped with the prisoner because it was too late to go home—it was after twelve o'clock—I lived about half a mile off—I went with Smith and another girl to a public-house before going to bed, and I said there that I had only 3d.—I said so because I would not drink any more, but I had got half-a-crown and 3d.—I had not been drinking a great deal—I knew what I was doing—I am a single man—I did not go and drink at any public-house with Smith in the morning.
HENRY LAWRENCE . I am shopman to a pawnbroker in Charles-street. I produce a watch pledged by Smith for 12s., about ten o'clock in the morning of the 7th of April—Hillman was also in the shop at the time.
GEORGE WILLIAM GRAVE . I am a policeman. I apprehended the prisoners on the 7th of April, about twelve o'clock, in bed at a brothel—they were in different rooms—Hillman said the prosecutor had given her the watch to take care of till the morning, that Smith came into her room in the morning, and took it out of a box which it was in in her room, went out, and pledged it—I asked if she went with her—she said, "No," she did not—at the station I put the same question to her, and Smith said, "My God, you know you did go with me."
SMITH— GUILTY . Aged 21.
HILLMAN— GUILTY . Aged 49.
Confined Six Months.
JANE GODDARD . I am the wife of Luke Goddard, and live in Arthur-street, Chelsea. On Saturday night, the 3rd of April, between ten and eleven o'clock, I went to Mr. Hyams, a pawnbroker's, to redeem two sheets and a table-cloth—I missed them while paying the money—the prisoner was there at the time—these are them.
Cross-examined by MR. PHILLIPS. Q. Have you any mark on them? A. Yes—they are my own things, which I had pawned—the prisoner was also redeeming things.
(The prisoner received a good character.)
GUILTY. Aged 44.—Recommended to mercy. — Confined Three Months.
First Jury, before Mr. Sergeant Arabin.
1187. JOHN WILLIAMS and JOSEPH DRUMMOND were indicted for stealing, on the 5th of April, I tea-caddy, value 8s.; 1 sugar-glass, value 2s.; 4oz. weight of sugar, value 2d.; and 2oz. weight of tea, value 9d.; the goods of Ann Waddington.
DANIEL NEAL . I keep a boot-shop. On the 5th of April I was in Adam-mews, Marylebone, and saw the two prisoners—I watched them, being attracted by their uneasiness—I saw they had a tea-caddy—Williams put it under the tail of his coat—they were standing in the Mews together, about sixty or eighty yards from the prosecutrix's house—I saw Drummond go towards Berkeley-street, and Williams towards Seymour-street—I followed Williams, and in Cumberland-street I saw Drummond come round the corner, and join Williams in Seymour-street, and Drummond threw a dirty handkerchief over the caddy—I followed to look for a policeman—Williams made a stop, and Drummond passed over across Seymour-street to the corner of Portman-street—I saw a policeman at the corner of Portman-square, and while I was telling him, Williams passed—the policeman followed him—Drummond looked, and saw the policeman, and both began to run—I saw the policeman take Williams—I ran after Drummond, and when I got to the corner of Portman-street, he turned round as if he had just come out of Oxford-street, and asked me what was the matter—I said I wanted him to go to the police-office with the other—he said, "Very well, I will go, but I want to go somewhere else"—I said, "You must go there first"—he appeared anxious to know what he was wanted for—I said, "I saw you throw the handkerchief over the tea-caddy"—he said he was sure he did not.
Cross-examined by MR. PAYNE. Q. What are you? A. A boot-maker—I was standing at Mr. Fletcher's door, where I had been to get something to drink—I watched them for about five minutes—I am quite certain I am not mistaken in them—I never saw them before—it was near twelve o'clock.
JOHN PHELPS . I am a policeman. I received information from Neal, and went after Williams, who was carrying something under his arm covered with this handkerchief—when I got within five yards of him he threw it down, and ran away—I ran and caught him, and took the caddy up—he tried to get from me, and in Oxford-street he made another attempt to get away, and fell on an area grating—I saw him force a bag through the grating—it was given to me at the house, and contained four skeleton-keys and three latch-keys—Drummond was afterwards brought to the station by Neale—I found on him a few lucifer matches and part of a gold ring—he said he had never seen Williams before—on Tuesday I went to Miss Waddington, and found one of the keys opens her front-door.
Cross-examined. Q. Where was the bag brought to you? A. In the shop of the house, about half an hour after it was thrown down—Mr. Gardner, the owner of the house, brought it to me—I could see one skeletonkey come out as the bag fell in the area—I think I could point out which key it was—it was different from the rest.
RICHARD STREVETT . I am servant to Mrs. Ann Waddington, in Upper Berkeley-street, Portman-square. This tea-caddy is hers, and was taken from the sideboard in the dining-room—I saw it safe about ten o'clock in the morning—I do not know how the parties got in—the door was found open—I believe it was shut before.
Cross-examined. Q. What people live in the house? A. Miss Ann Waddington and her sister, two servants, and myself—I saw the caddy last on Monday morning—I was in the room after that, but did not miss it—it was found on Monday, and contained tea and sugar—I know the caddy by seeing it every day—there is no particular mark on it—I believe it to be
the same—Miss Ann Waddington is the housekeeper—her sister lives with her, but she is the mistress.
Drummond's Defence. The gentleman came up, and asked me if I was the young man; I went with him.
WILLIAMS— GUILTY .— Transported for Seven Years.
DRUMMOND— GUILTY .— Confined Six Months.
ROBERT PARKER . I am shopman to Mr. John Welchman, a hatter, in Hackney-road. On the 5th of April, about a quarter alter three o'clock in the afternoon, Penry brought the prisoner into, my shop, and accused him of stealing a hat which had been taken from the door-post—this is it.
(The prisoner received a good character, and a witness undertook to employ him.)
GUILTY. Aged 15.—Strongly recommended to mercy. — Whipped and Discharged.
PATRICK JOSEPH O'DOHERTY . On the 7th of April, between twelve and one o'clock, I was near the middle entrance of the London Dock—I put my hand into my pocket and missed my handkerchief—I turned suddenly round and saw two persons a few yards behind me—the prisoner was one—I saw part of my handkerchief hanging out of his trowsers' pocket—I collared him, and took it from him—he said it was the other gentleman that prigged it, not him—the other boy went quietly on—I gave the prisoner into custody.
THOMAS COOK (police-constable K 174.) I received the prisoner into custody from the prosecutor, with the handkerchief—on our way to the station he said it was the stout man who ran away that did it, not him—he cried a great deal, and said he had never been in trouble before, the prosecutor must be mistaken.
Prisoner's Defence. I was going for my mother's washing, and picked the handkerchief up—I never said any such word as prigged—I saw the other one running across the bridge, but no one stopped him.
GUILTY . Aged 18.— Confined Three Months.
JOHN WILLIAM GRAY . I live in Commercial-road East. The prisoner came into my service, as cook, about three months ago—I missed this silver extinguisher in the early part of January—I mentioned it to her, and she charged another servant with it—we afterwards discharged the prisoner
forgetting drunk, and since that have found the extinguisher at the pawn-broker's—that now produced is it—I have the candlestick with me that it belongs to, and here are bruises in it which I know.
Cross-examined by MR. PAYNE. Q. I believe she remained in your service till the 8th of March? A. Yes—I swear positively to the extinguisher.
THOMAS WRIGHT . I am a pawnbroker in the City-road. This extinguisher was offered in pledge on the 29th of March, by the prisoner—I asked whose property it was—she said it was her own, and that she had the candlestick some years back, but had sold it for 1l.—that excited my suspicions, and I sent to the station.
(The prisoner received a good character.)
GUILTY . Aged 41.— Confined Six Months.
1191. JOSEPH DENNY and THOMAS WINNICOTT were indicted for stealing, on the 24th of March, 1 show-case, value 15s.; 8 teeth, value 10s.; 1 set of artificial teeth, value 2l.; 3dwt. of gold, value 12s.; and 4 half-sets of artificial teeth, value 1l.; the goods of George Graves; and that Winnicott had been before convicted of felony.
GEORGE GRAVES . I am a dentist, and live in Newington Causeway. I had a show-case on the door-post, containing artificial and natural teeth—it was secure on the 24th of March, about half-past eleven o'clock in the morning—I missed it at three the same day.
WILLIAM POCOCK . I am a policeman. On the 24th of March, I saw the two prisoners in company together in Belton-street, Long-acre—I saw them leave No. 18, Belton-street, which is a marine-store shop, pass some little distance down the street, and join a boy, who appeared to have been waiting for them—I followed them to 3, Short's Gardens—I then met another constable, and we took them into custody—I asked Denny what they had sold in the shop they had just left—he said, "Nothing"—I took them to the station, then returned to the shop, and received this show case from Mrs. Shelly—I found eleven keys on Penny, and four pieces of wire on Winnicott—I was in company with Weston the same evening, and found the teeth exposed for sale at a shop in Drury-lane.
GEORGE WESTON . I am a policeman. I was in company with Pocock on the day in question, and saw these teeth in Drury-lane—suspecting they had come out of the case, I inquired of the person in the shop, and found they had been purchased that evening—while at the station, I saw Denny throw something away—I heard it fall on the floor and jink—I called for a light, and Curd picked up this bit of gold.
Denny. How is it possible you could see me throw it away, there were twenty-four or twenty-five policemen there at the time; is it likely I should have thrown it exactly under my owl feet? Witness. I did see you throw it.
ANN SHELLY . My husband is a coach-maker's labourer. I keep a clothes-shop in Belton-street, and sell little brokery and crockery—Winnicott came to my shop with this case to sell—there was no one with him—I bought it for 10s.—the officers afterwards took it.
CHARLES MAINE . I keep a sale-shop in Drury-lane. On the 24th of March, about six o'clock in the evening, Denny brought these teeth to me, representing them as his, and said he wanted 10s.—I was not aware of the value of teeth, and bid him half the money, which I gave him—I should not have bought them at all, but that I had been asked by a gentleman a day or two previous, if I had any to sell—I immediately exhibited them for sale, and the policeman came and identified them.
Denny. I am not the man—it was the other prisoner that sold them, Witness. I am certain of him—I have a witness here who saw me pay him the money.
(Property produced and sworn to.)
Denny's Defence. On the 24th of March I was at Winnicott's lodging—he brought me a box with the teeth in it—he asked if I knew whereto sell them—I said I did not, but would make inquiry—I went to the witness's house, and asked if he would buy them—I said they were not my own, and asked what he would give—he said 1s.—I said I could not take the money, but I would go and ask—I came out and asked Winnicott—he said, "Go in and take the money"—I would not, and he went in and took the 1s. himself.
Winnicott's Defence. On the 24th of March, I was going down Belton-street, and saw a man with this case and teeth in his band to sell—I asked what he wanted for them—he said 2s.—I gave him 18d.—I asked Denny to sell the teeth—he went with me to the witness's house—he offered 1s. for them—Denny would not take it, but came back to me, and I went to the shop—there was nobody else in the shop at all—I went to Mrs. Shelly with the case, and asked 1s.—she gave me 10d.
JAMES PASMORE MUMFORD . I am a policeman. I produce a certificate of Winnicotts former conviction, which I obtained from Mr. Clark's office—(read)—I was a witness at the time—he is the person who then pleaded guilty.
DENNY— GUILTY . Aged 38.
WINNICOTT— GUILTY . Aged 21.
Transported for Seven Years.
JOHN NORVIL . I am a leather-cutter, and live in Upper Crown-street Westminster. The prisoner was my servant of all work for about five weeks—I kept my money in the tea-caddy, which was kept locked—I cannot say what money there was there on the 1st of April.
EMILY NORVIL . I am the prosecutor's wife. On the 17th of March, there was 29s. in the caddy—I missed 12s. on the 8th of April—it was kept locked in the parlour where we lived—we had no other servant but the prisoner—she must have taken the key of the work-box, which was by the side of the caddy, and unlocked it—I had the key of the caddy in my pocket—I did not speak to her about it—the policeman took her.
EDWARD TARLTON . I am a policeman. The prisoner was given into my custody—I told her her master charged her with breaking open the cash-box and stealing six shillings and a sixpence—she said she did not take so much,
she only took 4s. 6d., and was persuaded to do it by a girl lodging in Oxford-street—I asked her how many times she went to the box—she said three times that she took 18d. one time, 1s. the last, and 2s. the other time—I asked what she did with the money—she said she gave 18d. to her mother, and 6d. at another time, and bought buns with the remainder.
GUILTY. Aged 15.—Recommended to mercy. — Confined Eight Days.
JAMES GARNER . I am a policeman. On the 9th of April I was on duty, in plain clothes, in Brury-lane, a little before eight o'clock in the evening, and saw the prisoner in company with a female—I watched him—I saw two gentlemen pass, and when they had passed about fifteen or twenty yards, he all of a sudden ran after them, laid hold of one gentleman's coat, took out his handkerchief, and ran towards the girl—I crossed—the girl called out, "Look out, look out"—he then threw the handkerchief towards the girl, and ran away—I ran after him, and caught him—I did not get the handkerchief, the girl got that—I had not time to catch the gentleman.
Prisoner's Defence. I was going down Drury-lane; I did not touch the gentleman's pocket.
GUILTY . Aged 18.— Confined Six Months.
1194. ELIZABETH LOVELL was indicted for stealing, on the 26th of March, 1 bag, value 1d.; 2 keys, value 1s.; 2 half-crowns, 7 sixpences, 10 pence, and 3 halfpence; the property of Yanikowski Casimer, from his person.
YANIKOWSKI CASIMER (through an interpreter.) I am a Pole, and have served in that army as an officer. On the 26th of March, about twelve o'clock, I was walking in Cornwall-street—the prisoner came up, and wished me to go home with her—I told her to go along, I did not want her—she continued walking on with me, wanting me to go with her, but I would not—I had about 25s. in silver, in a bag, in my pocket—she took my bag from my pocket, and wanted to run away—I held her, and called out, "Police"—she shook the bag, and some money fell on the pavement out of the bag—the police then came up—this is my bag—there were two keys in it, which are here how.
THOMAS COOK . I am a policeman. I was on duty, and heard a cry of police—I went towards it, and saw the prosecutor and a number of people assembled—he was holding the prisoner by the hair of her head—the mob were crying out against the prosecutor for his brutality—I thought at the time that it was a street row—the prosecutor being a foreigner, I had some difficulty in ascertaining what it was—I told him to let go of the prisoner, and tell the nature of the offence—I could not understand him, and she went away—I kept my eye in the direction she went about forty or fifty yards—I went into a house, and found her sitting behind the door up stairs—she appeared to be fainting, and called for water—I got some, and after some little difficulty I got her to the station—while the prosecutor was making the charge I took two shillings and two sixpences out of her mouth—I afterwards picked up a shilling
that dropped from her hand, and some halfpence, amounting in all to 4s. 6 1/2 d.
Prisoner. It is false; they searched me, and found nothing on me, Witness. She was searched afterwards by a female, and nothing was found on her then.
JOSEPH HENRY WALLS . I am a tailor, and live in Lucas-street, Commercial-road. I went into King David-lane station, to speak to sergeant Harris on private business—while there I saw the prisoner brought in—she was placed in an outer room, near the fire—while sitting there I heard a sound like the jink of money, which attracted my attention—she was sitting within two feet of the fire at the time—I asked the reserve man on duty for a light—I took it, and looked underneath the grate, and there discovered some halfpence—I took them up, and on looking further I observed the bag which has been produced, and some keys—there was 1s. 6d. in silver, besides the halfpence—I have not the least doubt she is the person that threw them there—it was while she was waiting for the female to search her—I stated to the sergeant what I had seen.
Prisoner's Defence. I was taken to the station; I had 3s. 6d. in my mouth; it was my husband's market-money; I know nothing about the bag and keys; I have been in a place as laundress.
GUILTY . Aged 29.— Transported for Ten Years.
SAMUEL BELCHER . I am a linen-draper, and live in High Holborn. On the 6th of April the prisoner came to my shop with a child—she said she wished to purchase a dress and a shawl—the young man showed her some dresses—she selected two dresses, a shawl, and three pairs of stockings, for which he had a bill made out—she said she was going further to receive some money, and would call and pay for them on her return—she took the bill with her—she was about ten minutes or a quarter of an hour in the shop—from her manner I suspected her—I went out, and overtook her about a hundred yards from the shop—I saw her take the bill out of her bosom and tear it to pieces, which increased my suspicion—I went up to her, and said she had just left my shop, and I believed she had brought more out than she took in—she asked why I suspected her—I took hold of her cloak—she began crying, and hoped I would forgive her—I brought her back—she threw the dress into the shop, and attempted to run away—this is the dress.
(The prisoner put in a petition for mercy, and received a good character.)
GUILTY. Aged 23.—Strongly recommended to mercy. — Confined One Month.
1196. HENRY SUTTON was indicted for stealing, on the 6th of April, 5lbs. weight of pork, value 3s.; 3lbs. weight of dripping, value 1s.; 1 dish, value 8d.; 1 basin, value 2d.; and 2 plates, value 4d.; the goods of Elizabeth Ann Isherwood.
the articles stated, safe in the wash-house, a few yards from the house—I missed them a little after five next morning—the door was not locked—I gave information to a policeman, and told him to go to a public-house adjoining, as I suspected a party of men who frequented it—I have frequently seen the prisoner.
OTHO HENRY STEED . I am a policeman. In consequence of information from the prosecutrix, I went into the tap-room of this public-house—I found the prisoner, with three others, putting some fat out of a blue pie-dish on some bread, and underneath the seat where he was sitting I found this piece of pork and these plates—the prisoner said he had eaten none of it—I took off his shoes, which I compared with, some marks on a flower-border, in the prosecutrix's yard, and they fitted exactly—I also tried the other men's shoes, but his were the only shoes that fitted—the other three were committed, but no bill was found against them.
MRS. ISHERWOOD re-examined. I am sure this meat is what I lost—I cannot swear to the basin and dish—I believe them to be mine—I lost things of that description—the pork I can swear to.
Prisoner's Defence. I am as innocent as a child unborn; I only saw it on the table in the tap-room.
GUILTY .† Aged 19.— Transported for Seven Years.
1197. MARY CHALLIS and ELLEN BOYLAN were indicted for stealing, on the 23rd of March, 50lbs. weight of coals, value 8d., the goods of George Tailford: and that Challis had been before convicted of felony.
GEORGE TAILFORD . I live in Paradise-row, Chelsea, and sell coals. I had a large piece of coal, weighing 50lbs., standing against my door—I missed it on the 23rd of March—I have since seen it, and can swear it is mine—I know Boylan.
THOMAS HODGSON . I am the prosecutor's son-in-law. I put the coal at the door—I had a mark on it—on missing it I went to No. 28, Bullwalk—the prisoners lodged there in the back room, first floor—I found them both there—directly I opened the door Boylan said, "Here it is, Master Thomas"—the coal was there—I sent to my father-in-law, and he told me to give them in charge—I had seen them hanging about the door about ten minutes before nine o'clock that night.
Challis's Defence. On the 23rd of March I went to see for some work, and had a little drink. I met with the prosecutor's son, who gave me some gin, which made me worse. He said he would leave the coals at the door till ten o'clock for me, and I was to fetch them; he had given me some before. I took it, and he afterwards came with the policeman and took us.
Boylan's Defence. I had been in great distress all the winter, and on the 23rd of March I went into the shop for a half quartern loaf, which came to 2d.; he put the 2d. in my hand again, and said he would giv me some coals. I brought an old saucepan, and got the coals. He also gave me some cheese, some herrings, and tea, sugar, and butter, and said he would come to my room in the course of two hours. I said,' No, for I
have an old woman lodging with me." He said, "Go and fetch your box, and I will give you some snuff." I brought it, and he gave me some. I told him he must not come, for I expected my husband home, and since that he has been so spiteful.
CHALLIS— GUILTY . Aged 48.— Transported for Seven Years.
BOYLAN— GUILTY . Aged 37.— Confined Three Months.
MARY RYAN . I keep a lodging-house in Shorts-gardens, Drury-lane—the prisoner had a bed there for three nights. On the 6th of April I missed the counterpane—she went out that day—when she came back I told her I suspected her—she at first denied it, and then owned to it—this is it—I believe she was hungry at the time.
Prisoner. I am very sorry; I hope you will be merciful to me.
GUILTY. Aged 42.—Recommended to mercy. — Confined One Month.
HENRY WYCH . I am shopman to Charles Walter, a pawnbroker. On the 29th of March, between eleven and twelve o'clock in the day, the prisoner came to pledge a bonnet—a witness gave me information—I went out, and overtook her a few yards from the shop—I brought her back, and took this shawl from under her shawl—I had seen it hanging up just before—I said, "You have taken a shawl down of ours"—she said, "It is not yours"—she had been in the habit of pledging at our shop.
ELEANOR DIXON . I am married. I went to the prosecutor's to pledge an article—the prisoner kept looking me quite hard in the face—I saw her drawing the shawl from the far side of the shop, and put it underneath her child's petticoat—she went out and I told the shopman, who fetched her back.
Prisoner. I did not take the shawl, it is not their property. Witness. I saw her take it.
Prisoner's Defence. I took it with me to pledge, thinking I should not get sufficient on the article I took; and had I not, I should have pledged the shawl.
GUILTY. Aged 30.—Recommended to mercy. — Confined One Month.
NEW COURT.—Monday, April 12th, 1841.
Sixth Jury, before Mr. Recorder.
POND pleaded GUILTY . Aged 13.
AGAR pleaded GUILTY . Aged 12.
Confined Six weeks.
GUILTY . Aged 11.— Confined Six Weeks.
GUILTY .— Confined Three Months.
1203. JAMES SCOTT was indicted for stealing, on the 17th of March, 9 jacks, value 18s.; 2 lamp irons, value 10s.; 1 branding iron, value 1s.; 1 door-spring, value 6d.; the goods of James Cook, his master; to which he pleaded
GUILTY . Aged 19.— Confined Six Months.
GUILTY .— Confined One Month.
GUILTY . Aged 41.— Confined Eight Days.
GUILTY . Aged 19.— Confined Eight Days.
1207. JAMES CLARK was indicted for stealing, on the 27th of March, 2 table-covers, value 2s. 6d.; 1 table-cloth, value 6d.; 4 trays, value 1s.; 10 counters, value 10d.; and 1 yard of dimity, value 2d.; the goods of Cuthbert George Brown; to which he pleaded
GUILTY . Aged 64.— Confined Three Months.
JOHN PARKER (police-constable K 320.) I saw the three prisoners together on the night of the 20th of March, in the Mile End-road, near the Globe-road bridge—I am sure they were all in company—I went up to Smith, and asked what she had got about her—she said, "Two rabbits"—she opened her apron and showed me two, and said she had bought them at the Angel public-house at Stratford—I found three rabbits, one dead, and two alive—she said she had given Presland one to carry, for fear of its jumping out of her lap—Presland walked away when the other constable first
stopped them—I afterwards asked him where the rabbit was—he said he had not got it, for he gave it away to a friend on the road—I had noticed him stooping before Bartlett came up to him—I went with him to the station, and desired some one to go and look after the rabbit that was missing—the next morning Smith said she got them from some one else—I found Mr. William Knight, of Stratford—they were coming from that way, but were upwards of a mile from it.
THOMAS BARTLETT (police-constable K 288.) I went after the prisoners—I knew Presland and Smith before by sight—Presland walked faster, and Smith was left behind—just before I came up Presland went across the road—Stone said he had bought two rabbits, and Presland bought two, and gave 1s. 6d. a piece for them—I saw Presland in the act of stooping down—I said, "Halloo, Presland, what are you doing here?" when I crossed over to him—there was something said by Stone, on the way to the station, about six rabbits, and Presland said, "I did not buy any."
WILLIAM GLOVER (police-constable K 354.) As the prisoners were being taken to the station, I met the officer near the Jews' Hospital, about half-past one o'clock—my attention was directed to a rabbit said to have been dropped—Presland did not say any thing to that—I found a rabbit running in the road a few yards from where the prisoners were.
WILLIAM KNIGHT . I keep rabbits—I had a considerable number in a shed on my premises. On the 29th my attention was called to them, and I found some were gone—I cannot swear that these rabbits are mine.
NOT GUILTY .
CHARLOTTE ADAMS . I am a servant, and live in Cromwell's-buildings, Hammersmith. The prisoner was staying on a visit at the Rose and Crown public-house, Knightsbridge, where I was living as servant—I had no intimacy with her—we slept in the same bed—I charge her with stealing three of my bed-gowns, which I led clean in my box—I did not notice but what they were in my box when I left, and the day after I went to my box, and missed them—I then went up a day or two after, and asked her if she had got them, or had seen any thing about them—I asked her three or four times—she said she knew nothing of them—a policeman found them in her box, in my presence—one was dirty, and two clean—her box was not locked—it was in the same room—I had been discharged from the service—the dirty one was found in the bed she had been sleeping in—she denied knowing any thing about them for a fortnight or three weeks—I went up there in the week, and asked her about them—they were found about a fortnight after—I had washed them myself—I am sure I put them into my box, and not laid them about—there is no mark on them—they were calico, and new ones—they had been worn once.
Cross-examined by MR. CLARKSON. Q. She is the daughter of a captain that commands the Scottish Maid trader? A. Yes—she had been left by her father to see if some of his friends could get her some employment—I was discharged on the 2nd of January—she was taken into custody on the 27th of March—I was living in Cromwell's-buildings—it was my
fellow-servant, named John, that found me out—he was the pot-boy—he was sent to me by Frazer—he is no relation of Frazer—I was discharged because they did not particularly want me, and I was saucy to Mrs. Frazer, and had been drinking too much—I was not drunk with the soldiers—I had a character when I went there from Mrs. Simpson, at the Black Lion public-house—the key of the bed-room door was sometimes with her, and sometimes with me—I did not generally keep it—I did not know that my master was served with a writ—this is the first I have heard of it—he sent the pot-boy for me to come and charge the prisoner—that was on the Thursday before the Saturday on which I went before the Magistrate—I never heard that the prisoner's father brought an action against my master—I never told Matilda Knight that I had got Sally's comb, and had lent her two bed-gowns, about six weeks before I left; nor did I tell Judith White, that if she should see Satty Watson, I wished her to ask her for the bedgowns I lent her; nor show her a comb I had had of the prisoner's—I not lent her them—I told her to ask if she had seen my nightgowns.
Q. Do you remember your master coming out, and Sarah being called out to speak to you? A. My master did not come out, but Sarah came out—my master did not afterwards complain of her coming out to talk to such a girl as me—that did not pass—the prisoner did not complain to me that she had lost two shifts, two bed-gowns, and two night-caps—I never heard any thing about it—she did not charge me with taking them, and tell me that nobody else could have taken them—I do not know whether the prisoner had ever shown these bed-gowns to Mr. or Mrs. Frazer—knew nothing about them till the pot-boy said that the prisoner had left, and that the bed-gowns were seen in her box—my master went with me before the Magistrate—the bed-gowns were worth about 2s. a piece—they were taken from the lodging that she and her father were occupying at Wapping.
COURT. Q. Was there any thing in her box but the two bedgowns? A. Yes, her clothes were in it.
JOHN DOUGLAS (police-constable K 279.) I went with Charlotte Adams to May's-place, Great Hermitage-street, Wapping, and found the prisoner there—I told her I came with a searchwarrant after some bedgowns—she said if I would not tell the people who kept the house, she would fetch. me the bedgowns—I said I must go with her to her box—we went up stairs together—I asked her to direct me to the box—she took me to the box, where I found these two bedgowns—they were clean, and in the bottom of her box, under clothes of her own—I said, "There are two more wanted, you must produce them"—she said she had no more—said, "If you don't produce them I must make further search in your bed"—there was a bed in the room—she went to the bed herself, and in taking the clothes off I saw a bedgown—I laid hold of it, and the prosecutrix, who stood by the side of me, said, "That is mine"—I told the prisoner I must take her into custody—she said, "It is very hard, I have lost mine, and I don't see why I should be the loser"—I took her to the Thames-police—she did not say that she took them in exchange for those taken from her, but I understood her to mean so.
Cross-examined. Q. Did she not speak in broad Scotch? A. Yes—I did not understand all she said.
MR. CLARKSON called
for the prisoner's father—I served on Mr. Frazer and on his wife a copy of this notice on Wednesday last, the 7th instant—I directed a writ to he served on Mr. Frazer on the the 24th of March—my instructions were, if Frazer would make a suitable apology to Captain Watson, that he would overlook all that had transpired—that he refused, and I brought the action.
MATILDA ANN KNIGHT . I live with a stone-mason in Castle-place, Westminster—I am not his wife. Charlotte Adams told me about six weeks before she left Mr. Frazer's service, that she would lend Miss Watson two bed-gowns, because Miss Watson had lost the key of her box—Miss Watson and she were in conversation together, and Miss Watson said she bad lost two night-gowns, two night-caps, two shifts, and Charlotte said Miss Watson was not to tell Mrs. Frazer, but she would lend her two gowns till she found the key of her box.
CHARLOTTE ADAMS . That is quite false—I never had any conversation with her—the reason she is come is that I accused her of stealing a black-lead brush out of the kitchen. Witness. She did not, and Mrs. Frazer said she was sorry she had let that drunken hussy go away without seeing if Miss Watson's property was in her box.
JUDITH WHITE . I am the wife of William White—we live at the corner of Rose and Crown-yard, Knightsbridge. I know Charlotte Adams—after she left the service at the Rose and Crown she came into my shop, she came into the little room where I sleep, and said to me, "Have you seen Sarah Watson?—I said, "No"—she said, "When you see her, will you be so kind as to ask her for the bed-gowns I lent her?" she showed me a comb out of a basket that she bad in her possession, and said she should not return the comb till she had her bed-gowns—I asked her to leave the comb, and I would give it her—my husband was present—he went and fetched Sarah—I believe she came out, but I did not go out of my own house—some considerable time after, I think about a fortnight ago, Mr. Frazer sent the pot-boy to me to know if I knew were Charlotte lived—the pot-boy told me he wanted to take her back again.
NOT GUILTY .
MR. CHARNOCK conducted the Prosecution.
JAMES WATTS . I am the son of James Watts, who keeps a wine-vaults at No. 100, High Holborn. On the night of the 19th of March I was in the bar—the prisoner and a companion came in and called for a pint of beer, which I served them with—they then commenced a conversation about the manufacturing of the taps, and got into dispute about it—they were talking about the leakage of the taps in general—I paid no attention to it—they went out, and returned in about three minutes—they then commenced conversation again about it, and the prisoner's companion was drawing my attention to the taps—the prisoner went from the front of the bar to another part of the counter by my side, and reached across with a stick to a sideboard—I heard some money jink, and turned, and saw the stick placed across the bar to the sideboard—I called out, s' What are you at?"—the prisoner made no answer, but immediately ran out of the house—before he came in I had two sovereigns and a half and 1l. in silver on
the sideboard where the stick was—when he ran out I ran after him, and did not lose sight of him till he was taken—he was brought back to the house, and some money and keys, this black stick, a small piece of wood and a little tin shovel were found on him—I missed two sovereigns from the sideboard—one sovereign was found in his hand, and his hand was in his coat pocket.
Cross-examined by MR. PAYNE. Q. How lately before he came had you seen this money? A. Within ten minutes—the silver was put up in 1l. parcels, and the other money was lying on the sideboard separate from it—I was out of the bar about three or four minutes when I ran after the prisoner—I ran across the road through the cab-stand, and he was caught in Turnstile, I should think about a hundred yards from our house—I did not leave any body in our place when I went out—it was after I came back I missed the money—I swear I did not lose sight of him—the other man left the house at the time the prisoner did, but I kept my eyes on the prisoner.
MR. CHARNOCK. Q. Did the prisoner give any reason for his running away? A. He said to the policeman that he was taken short.
COURT. Q. How could the stick help him to get the money? A. There was some adhesive stuff to it.
EDWARD ROBINS (police-constable F 66.) I took the prisoner into custody on the 19th of March, about seven o'clock in the evening—he was running across the cab stand to Little Turnstile, where I caught him—the prosecutor was crying "Stop thief"—I had a difficulty in catching him—when I first started he gave a turn round the cab stand, and I had a fall—I got up and ran and took him—he said, "What do you stop me for?"—I did not make him any answer—Mr. Watts came up and said, "I give him in charge for robbing the bar"—I found one sovereign in his left-hand, which was in his coat pocket, and I found on him one sixpence, and 9d. in copper—I put the sovereign in my mouth, and it tasted soapy—the prisoner said, "Put that sovereign down, it is mine"—there was something sticking to it, and to the stick also, which appeared to be of the same description—I found on him this small bit of wood, and a tin shovel—there is a hole in the end of the long stick, which will hold the shovel—the prisoner gave his name as William Smith, and the following day he gave his name as James Johnson, and said he lived at No. 2, over the water—I have not been able to find his address by the description he gave of it.
Cross-examined. Q. Did he tell you any thing about his being taken short? A. In going to the station he did—I think that was not true.
GUILTY . Aged 22.— Transported for Seven Years.
(There was another indictment against the prisoner.)
JOHN GROUT . I live with Mr. Childs, a butcher, in South-street, Manchester-square. On the night of the 27th of March, I saw the prisoner take a bit of bacon off Mr. Ormston's board—he put it into the breast of his coat—when he came opposite my employer's shop, I told him he had got a bit of bacon that did not belong to him—he then dropped it—some one took it up and gave it to me—I took it to the shop.
Prisoner's Defence. I had had too much to drink, and as I was going along the street the board projected over the pavement—I ran against it, and knocked it, but as to my hands, I never had them near the bacon.
GUILTY . Aged 26.— Confined One Month.
1212. ANN CHILTON was indicted for stealing, on the 22nd of March, 1 umbrella, value 2s.; and 1 pair of patterns, value 6d.; the goods of Jane Prior, her mistress: also, on the 24th of March, 9 towels, value 4s. 6d.; 2 pinafores, value 1s. 6d.; 2 bed-gowns, value 2s.; 2 petticoats, value 2s.; 1 shawl, value 1s.; and 1 shirt, value 1s.; the goods of William Rabbage; to both of which she pleaded
GUILTY. Aged 12.— Judgment Respited.
ELEANOR GAINER . I live in Steven-street, Lisson-grove. The prisoner is my daughter, and is a servant out of place—she told me she had found a silver spoon underher feet, and told me to pawn it—she has lived in my room since she was out of place—on Ash Wednesday, Mary Grimes and the prisoner went out together—the prisoner came home in the evening, and on the following day I looked in her box, and found a silver fork—she sent me to the pawnbroker's with it—the pawnbroker kept it—I said before the Magistrate that I discovered it in her box, and took it to the pawn-broker's—I told the prisoner it was stopped—she said she picked it up, and would have it back—I was told to go and get it out, and the officer stopped me with it.
Cross-examined by MR. PHILLIPS. Q. Who is this Grimes? A. I do not know—she was a girl that was there—she called upon my daughter, and insisted upon taking her with her.
JOSEPH WOLSTENHOLME . I live with Mr. Gideon, a pawnbroker, in Stafford-street, Lisson Grove. On the 25th of February, Eleanor Gainer brought a silver fork to my shop—I detained it—the next day the prisoner came and said it was her fork, and I had no right to detain it—she said her mother had no business with it—I asked her where she got it—she said she found it coming from Kilburn—I told her to leave it till the morning—in consequence of something, when the prisoner came for it, I refused to let her have it—I told her to send her mother—she came, I gave her the fork, and the officer took her.
ANN KIRNEY . I am servant to Miss Lucy Dawes, of Beaufoy-terrace, Edgeware-road. On Ash Wednesday, the prisoner and Mary Grimes were at the house—Grimes had lived servant there—they came between six and seven o'clock—Grimes called for her box—we have about half a dozen silver forks—I went up with Grimes to her room, leaving the prisoner in the kitchen—on Grimes coming down they went away—I had carried the plate into the back-kitchen—any one could pass from the front to the back kitchen—the next morning I missed this fork—there is no private mark on it—I think it is one of the six, but I cannot say—I did not allow them to have any forks—here is another fork, which I have brought from home—they appear to be the same pattern, and the same sort of forks.
NOT GUILTY .
1214. JANE CHAMBERS and MARY BUCKLEY were indicted for stealing, on the 1st of March, 1 pair of boots, value 4s.; 1 pair of shoes, value 2s.; and 2 flat-irons, value 8d.; the goods of William Chalmers.
WILLIAM CHALMERS . I live in Mary-street, Limehouse. The prisoner Chambers is my daughter—I lost a pair of shoes, and a pair of boots, and some flat-irons—I inquired of her about them—I afterwards went to Mr. Childs, a pawnbroker, and saw them.
Cross-examined by MR. ADOLPHUS. Q. What is your daughter's name? A. Jane Chalmers, not Chambers—she is thirteen years old.
ANN CHALMERS . I am the wife of William Chalmers. On the 1st of March, I attended the Court of Requests—I left home about half-past eleven o'clock, and left my daughter alone—I came back about half-past twelve—I found my daughter and Buckley together—the door was shut—Buckley had a coal-bag in her hand—the next day I missed my husband's boots and shoes, which were safe the Sunday before—I told my daughter to look for them—she did, and did not find them—on the Wednesday evening I missed a flat-iron—my daughter said she could not find it, she supposed the woman up stairs must have taken it—on the following Friday Buckley came again, she asked me if I had got every thing yet—she did not mention boots and irons—she said, "Have you got your things?"—I asked her if she knew what character Mrs. White, the lodger, who lived up stairs was—she said she bore a very bad character indeed, and she thought she had taken the things.
Cross-examined by MR. PHILLIPS. Q. Buckley was in the habit of coming to you with coals, was she not? A. Yes.
SAMUEL GISSING . I am apprentice to Mr. Child, a pawnbroker. I produce a pair of boots and a pair of shoes pawned, on the 1st of March, for 6s., in the name of Jane Douglas; and two flat-irons pawned the same day, to the best of my belief, by Buckley.
JAMES LOGEE (police-constable K 337.) I went with the prosecutor to Crossalley—I found Chambers there, and she was given into my custody—she said she took the things herself, and gave them to another person to pawn.
Cross-examined by MR. PHILLIPS. Q. Where did she tell you she took them from? A. She said she took the boots and irons to her own door, and gave them to Buckley to pawn, outside her own door—I told the Magistrate so—it was taken down, and I signed it—she said she gave Buckley either 6d. or 8d. for pawning them, and she had 6s. 8d. herself.
Cross-examined by MR. ADOLPHUS. Q. You did not take her at her Other's? A. No—I did not tell her what I took her for—she did not tell me any thing particular—I heard her confess this to her father at the time I took her—I do not know whether he had asked her to tell the truth, and said there should be nothing done to her—I did not hear it.
BARTHOLOMEW BRENNAN (police-constable K 102.) I apprehended Buckley on the charge of stealing boots, shoes, and irons—she stated at the station that she got a pair of boots, a pair of shoes, and two flat-irons from Chambers at her own door to pledge, and to get as much as she could on them; that she went up Ratcliff-highway till she got nearly opposite
Gravel-lane, and pledged them for 6s. 8d., and brought back the money, that she met Chambers again at her own door, and gave her the money, of which she got 6d. for her trouble.
Cross-examined by MR. PHILLIPS. Q. Did she not begin by saying, "I did not steal them?"A. Yes—I did not recollect that at the time I spoke.
CHAMBERS— GUILTY. Aged 13.—Recommended to mercy by the Jury and the Prosecutor.— Judgment Respited.
BUCKLEY— NOT GUILTY .
(There were two other indictments against Chambers.)
1215. EDWARD RICKETTS was indicted for stealing, on the 10th of September, 21 pairs of boots, value 4l.; 1 pair of shoes, value 4s.; 1 pair of of slippers, value 2s.; and 1 pair of clogs, value 4s.; the goods of Charles Thomas Marshall, his master: and ANN CLIFFORD , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
CHARLES THOMAS MARSHALL . I am a boot and shoemaker, living in Oxford-street. I missed a quantity of boots from the next house, No. 207, where I before lived—Ricketts was my shopman for about a year—in consequence of something George Thornton said to me, I went to the shop of Walters, a pawnbroker, in High-street, Marylebone—I saw a quantity of boots and shoes belonging to me there—when I took stock, at Christmas, I had a great deficiency—Thornton afterwards brought Clifford to my shop—she had an opportunity of seeing my shopman—she said that the man who gave her the boots and shoes was not in the shop—Ricketts was there at the time, he passed her once and back again—in the afternoon I called Ricketts into the ware-room, told him I had been robbed, and asked if he knew any thing about it—he at first denied knowing any thing of it—I asked if he knew the woman that had been brought to the shop—he said he did—I told him it was my opinion he knew something of it—after a long pause he told me he must confess he had taken some—I gave him in charge—I made him no promise or threat.
Cross-examined by MR. BALLANTINE. Q. I see there are twenty-one pairs of boots alledged to be taken? A. Yes, and other things—I should think the whole of them could not have been taken at once—I generally used to see Ricketts leave the shop every day.
GEORGE THORNTON (police-constable D 109.) I went to Clifford's lodgings, in South-street, and saw her there—I told her I had received information that she had pledged a quantity of boots and shoes, and I wished hef to tell me where she got them from—she said she was a gay woman; that she met a man in Regent-street, who took her to a house in Sheppard-street, and gave her two pairs of boots; she met him again a few nights afterwards, he took her to the same house, and gave her two other pairs—I said, "You took a pair to Mr. Walters to pledge, what have you done with them?"—she said the person she sent with them brought them back, as Mr. Walters would not take them in, she suspected something was wrong, and she put them on the fire, and the tickets of the boots that had been pledged before—she went with me to the prosecutor's—when in the shop I asked her if the man was in the shop—she said he was taller and darker than any man in the prosecutor's shop—I let Clifford go, and the same night the prosecutor gave Ricketts into custody—I took him to the station, and
he gave his name and address—I went then to Clifford's; she was not at home—I then went to Ricketts's lodgings, and in a box there pointed out, I found ten duplicates for boots, shoes, and clogs, four of them pawned at Mr. Walters's—I forced the lock off the box; his mother wished me to open it—I said her son had not got the key, and she said she had not got it—I apprehended Clifford the next morning—on her way to the station I told her she most consider herself in custody—she said, well, there was one one thing, we could not take her life for it.
ANN NELSON . I lodge in South-street, Marylebone. I have seen the prisoners in the house I am now living in—Clifford lodged there—I have not seen Ricketts in her room—I have seen him on the stairs—Clifford gave me two pairs of boots to pawn—I pawned them, and returned her the duplicates and the money.
DAVID SAYERS . I live in South-street, Marylebone—Clifford lodged in the house—about the middle of January I pawned a pair of boots for her at Mr. Walters, in High-street—I gave her the duplicates and the change.
WILLIAM JONES . I produce three pairs of women's boots, pawned on the 28th of December, the 11th of February, and 17th of February, by Clifford—one pair of clogs, and some other things—two more articles were pawned by her.
Cross-examined. Q. Do you know her? A. Yes, by coming occasionally to our shop—I supposed her husband was a boot-maker.
— ROMSAY. I produce a pair of boots pawned on the 15th of January, by Clifford.
CHARLES THOMAS MARSHALL re-examined. I have examined these boots—I know them by the private marks, and the No.—I cannot say they have not been sold—Ricketts had no right to any of my boots—his occupation was to sell them to customers in the shop—if he took any out they were counted out to him when he took them out, and when he returned.
Ricketts Defence. I deny being acquainted with the female; I utterly deny giving her two pairs of boots at two separate times.
(Ricketts received a good character.)
RICKETTS— GUILTY. Aged 23.—Recommended to mercy. — Confined Six Months.
CLIFFORD— NOT GUILTY .
About eleven o'clock, on the 20th of March, I noticed the prisoner standing near the door for some time—I was in my back shop—it was raining—I saw him take a leg of pork off the dish, and put it into his apron—he saw me, and threw it down with his apron—I never lost sight of him.
Cross-examined by MR. DOANE. Q. Are you quite sure this is the man? A. Yes—I have heard his wife is very ill, and that it was done through distress.
JOHN SHOOLER (police-constable D 155.) I was in Great Barlow-street on the 20th of March—I saw the prisoner running, and heard the prosecutor crying out, "Stop thief"—I was coming down the street—when the prisoner saw me he laid down—we all came up to him at one time—I was handed the leg of pork by the prosecutor—the prisoner said he did not take it—I also got an apron—the prisoner tried to get away—there was a small mutton chop on him, a little key, and 10d. or 11d.
(The prisoner received a good character.)
GUILTY. Aged 26.—Recommended to mercy. — Confined Fourteen Days.
JOHN WILLIAM GRAY . I am a plumber and glazier, and live in the Commercial-road. The prisoner was my cook—these stockings belong to me—they were found in her possession at the house where she was living—she had quitted my service.
Prisoner. You gave me these stockings. Witness. I never gave her any.
THOMAS BRANNAN (polices-constable G 20.) I went to a house in the Commercial-road—the prisoner was pointed out—I requested to see her box—it was brought, and three pairs of stockings found in it—she endeavoured to conceal them in a dirty gown—I afterwards went to her former lodging, and found two more pairs in her box there—she said that I should find nothing there but her own property, and then she said her master gave them her—I found a book in her box, and thirteen duplicates, the greater part of which relate to property stolen from the prosecutor—there is no mark on them.
Prisoner's Defence. He would not pay me my wages; I summoned him to the Court of Request, and he did not appear.
MR. GRAY re-examined. There were some wages due—I would not pay her on account of being robbed—my son found her in the cupboard, stealing tea, and she got so drunk that I turned her away.
GUILTY . Aged 32.— Confined Three Months.
Before Mr. Sergeant Arabin.
GUILTY .— Confined Three Months.
up in the morning, and said she would put the kettle on—she went away—I expected her to return, but she never did—I missed the articles stated—I met her in the street a short time ago—she began abusing me, and said she would like me to give her into custody, and I did.
Prisoner. She lent me the cloak. Witness. I did not—when she went away she owed me 6s. or 7s.
HONORA SULLIVAN . I am married, and live with my mother—I met the prisoner on the stairs in November, 1839—I saw she had the boots—I ran up to my mother, and said, "Did you lend your boots to Margaret?"—she said, "No"—the prisoner was then gone.
Prisoner. you went out on the Sunday night to sleep with your husband, who had left you; you was not there on that Monday. Witness. I was there at six o'clock in the morning.
GUILTY Aged 20.— Confined Two Months.
JAMES THOMPSON . I keep a lodging-house, in Hill-street, Limehouse, and I occasionally dismantle ships. The prisoner was chief mate of the Lady Mary, which was in the West India Export Dock—he slept in my house, in the next room to mine—the coat was stolen out of his bed-room—my daughter gave me information, and when the prisoner came in I told him I had lost my coat—he immediately handed me the duplicate out of his pocket, and said he was very sorry for what he had done—I never permitted him to pawn it, and he had never pawned any thing for me—this it the coat—it is one I had in my charge.
Prisoners Defence. I took the coat, with a promise to take it back the next day.
GUILTY . Aged 21.— Confined Three Months.
OLD COURT.—Tuesday, April 13th, 1841.
Third Jury, before Mr. Recorder.
CHARLES SARGENT . I am a day-watchman belonging to the East and West India Dock Company. On the evening of the 6th of April I noticed the prisoner as he was going out at the West India Export Dock—he had this hammer in his pocket—he said he had brought it into the dock with him; that he had been working against the Garland, at Deptford, and had come from the dock to go on board the Runnimede—she was lying in the south side of the Export Dock, which is part of the port—he said he had been to the Runnimede to see the captain.
Cross-examined by MR. BALLANTINE. Q. Did he not take it out of his
pocket, and give it to you? A. No, I took it—he appeared perfectly sober.
WILLIAM LOCK . I am a shipwright, and live in Ridman's-rents, Narrow-street, Limehouse. This is my hammer—I know it by two marks on it—I had been at work on board the Runnymede—I saw the hammer there on Tuesday afternoon about two o'clock, the first thing after I came back from dinner—I lent it to the captain, and never saw it afterwards till I saw it in the officer's possession.
Cross-examined. Q. You have no doubt of the hammer being yours? Q. Not a bit—I do not know the prisoner at all—the hammer is not worth more than 6d.
(The prisoner received a good character.)
GUILTY . Aged 35.— Confined Fourteen Days.
EDWARD COOKE . I am a seafaring man, and live at No. 38, John-street. I have known the prisoner about thirteen months—she was at my lodging on the 25th of March, and drank tea with me and my wife—I sent my wife to pawn my jacket—it was pawned—the prisoner looked at it, and admired it very much, before it went—my wife put the duplicate on the mantel-piece when she came back—we went out, leaving the prisoner in the room—on our return she was gone, and the duplicate also—the jacket is worth 35s.
Cross-examined. Q. What day was this you say you lost the duplicate? A. Thursday evening—I had the prisoner taken into custody on Saturday evening—I had not be en searching for her in the meantime, because she came into the house and dawdled my wife about—that was on Saturday morning—she took my wife out with her—she was going to look for a lodging—she sent my wife one way, and she cut away another—I am no relation or connexion of the prisoner's.
Q. Where is your father-in-law? A. In London at present—his address is No. 39, James-place—I saw him there last, this morning—I am not aware where James-place is—it is in St. George's in the East—I am not acquainted much with that part—I have been in London two years—I have been with my father-in-law every day this week—I do not know exactly where James-place is; at the end of King David's Fort, you turn along there—I am not acquainted with the largest street near it.
Q. How often has the prisoner asked you where your father-in-law, her husband, lived? A. He was in Germany.
Q. Answer the question directly; how often has she asked you where he lived? (No answer.)
COURT. Q. Has she often applied to you to know her husband's direction? A. No—I have been frequently applied to by her.
MR. PHILLIPS. Q. Did you ever tell her? A. I have told her—I have told her where he used to live in Germany—I have never told her where he lived in England—I did not know that she had any intention of prosecuting him for bigamy—he has another wife—I do not know that he is married to the prisoner—I never heard it—I do not know what brought the prisoner to this country—my father-in-law has only been over here one week—I will swear I never heard that the prisoner was married to him.
COURT. Q. She never told you she was married to him? A. No.
MR. PHILLIPS. Q. That you swear; and, to your knowledge, your wife does not know she is married to him? A. I do not know that—she has not heard any thing of the kind; she never told me any thing of the kind.
Q. You have said this was stolen on Thursday; was she not at your house on the Friday, drinking tea? A. Thursday she was at the house, the 25th.
Q. On your oath, was she not on Friday at your house, drinking tea? A. Thursday, the 25th, that is all I know.
COURT. Q. Was she there on Friday also? A. I do not know.
MR. PHILLIPS. Q. Did you drink tea with her? A. I do not know—she was not drinking tea with me on Friday—I cannot recollect whether or not she was in the house, but on the 25th she was in the house, and took the ticket—we found out that she had got it on Saturday—I do not recollect that she was with us on the Friday—I was at work.
Q. Was there not a conversation about the duplicate over your tea, (you cannot forget that you know,) between you and your wife, in her presence? Did not your wife say, "Did not you see me put it in a little box on the mantel-piece?" and did not you say, "No?"A. I saw my wife pot it on the mantel-piece, I recollect now—I recollect that my wife pot it on the mantel-piece on the Thursday—she did put it on the mantel-piece.
Q. Did she say that to you? A. I do not recollect what she said to me on the Friday—I will not swear any thing about it—I saw her put it on the mantel-piece on Thursday.
COURT Q. The question is, not what you saw, but what you said; did you, on her remarking that it was put into a little box, say you did not see it put into a little box? A. I said I did see her—I saw it at the time.
MR. PHILLIPS. Q. Do you mean to say on the Friday you told her so? A. cannot say that—I answered, my lord, on the Thursday—I have seen her so many different times, that I cannot pitch on that day—I must have seen her—I think I saw her on Friday evening—I cannot recollect whether she drank tea at our house—I cannot recollect whether we took tea or milk.
Q. Why will you not answer a plain question?—did you drink tea with her on Friday at your own house? A. I must consider—yes, I did—I did not say on that occasion that my wife was so stupid that she was likely to have mislaid the duplicate, nothing of the kind—whether I saw her on the Friday or not, Thursday night was the time the ticket was taken—I not take tea with her myself—I do not swear to it—I said, "Not myself," but I did not swear to it—I know that I am on my oath as to every word I am saying.