CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand
SESSION VII. TO SESSION XII.
GEORGE HEBERT, CHEAPSIDE.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, May 10th 1841, and following Days.
Before the Right Honourable THOMAS JOHNSON , LORD MAYOR of the City of London; Sir James Parke, Knt., one of the Barons of her Majesty's Court of Exchequer; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter, Bart; Sir Matthew Wood, Bart.; William Thompson, Esq.; Sir John Key, Bart; William Taylor Copeland, Esq.; Sir Chap-man Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Pirie, Esq.; Thomas Wood, Esq.; John Lainson, Esq.; John Humphery, Esq.; Sir George Carroll, Knt.; John Kinnersley Hooper, Esq.; Sir James Duke, Knt.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
JOHNSON, MAYOR. SEVENTH SESSION.
star (*) denotes that prisoners have been previously in custody—Two stars (**), that they have been more than once in custody—A obelisk† that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, May 10th, 1841.
First Jury, before Mr. Recorder.
1268. HENRY ALLSHORNE was indicted for stealing, on the 12th of November, 31 saddles, value 66l.; and 1 pad, value 1l. 5s.; the goods of George Buist, his master: and JAMES EDWARD ALLSHORN the feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.: also, as an accessary after the fact.
MR. PAYNE conducted the Prosecution.
GEORGE BUIST . I am a saddle-maker, and lire in Short-street, Little Moorfields. The prisoner Henry came into my employ about the middle last year, or towards the autumn, and continued to work for me occasionally for three or four months—the last wages I paid him was on the 5th of December—I have since seen some saddles which are mine.
Cross-examined by MR. CHARNOCK. Q. What was the cause of hit leaving yon? A. I did not require his services—it was not for any thing improper—he was to make straps and other things—mine is the largest business in my branch in London.
GEORGE KEDGE . I am in the employ of Messrs. Ashman, pawnbrokers, Long-acre. On the 2nd of January the prisoner Henry pawned a saddle—he has pawned in all ten or eleven riding and four chaise saddles—I have taken the duplicates off them, and cannot tell which was pawned on a particular day—I have the duplicates here—on the 9th he pawned a chaise-saddle; on the 11th a saddle without furniture for 25s.; on the 13th another for 21s.; on the 16th another for 21s. on the 19th another—I have in all eleven riding and four chaise saddles, all pawned by him—I inquired particularly the first time, and he gave his address as over in Hanover street, which is opposite our house, where several saddle-makers live—he afterwards gave his address in Theobal's-road—we should sell such saddles complete for two guineas and a half, or 2l. 15s.
Cross-examined. Q. Do you mean to swear he is the person who came on those occasions? A. Every one—I recollect him by his bringing particular articles unfinished, and he talked about the business as if he was a saddler.
WILLIAM PERRY . I am in the employ of Mr. Crump, a pawnbroker, in Museum-street. On the 1st of March the prisoner Henry pledged a addle, on the 5th two chaise-saddles, on the 9th a chaise-saddle and pad, and on the 10th a riding-saddle.
GEORGE TOLLEY . I live in George-street, Richmond. I know the prisoner James—I first knew him living at Kew, and afterwards at Richmond—about the 12th of January last he came to me with some duplicates of saddles, which he said his son had made while he was out of work, ill, and in distress—he said he wanted to make up a sum of money, and asked me to purchase the duplicates—I said I was not in the habit of doing so, but the first time I went to London I would take them out and bring them home, and if I could agree with him as to the price, I would have no objection—I took the saddles out of pawn, and about a week after he came to me for the money—I asked him what he wanted for them—he said he did not know, I was to give him what I thought a fair price—I gave him 18s. for one, and 2l. each for the two others—I gave him the balance, after deducting what I paid at the pawnbroker's—he came again, about a week after, with some more duplicates, for three gig-saddles and one stanhope-pad—he told me the same story as before, that he brought them from his son, who wanted some money to get him out of difficulties—I went to town to get them out—he came again, on the 23rd of January, with some more duplicates, for which I paid him 3l. 4s.—on the 27th he brought a saddle itself, which I purchased for 1l.—Ashman's was the only pawnbroker I went to to redeem the articles.
Cross-examined. Q. When did you first know the prisoner James? A. Twelve months previous—I knew him when he was master of the Queen's Grammar-school at Kew—I always understood him to be a very respectable man—on the 12th of January he said he came at the instance of his son—I knew the son was in the business—he was apprenticed at Twickenham—there was nothing secret in our dealing—it took place in my shop—I gave him a fair price.
WALTER WILLIAM TOLLEY . I live in St. John's Grove, Richmond. I know the prisoner James—he came to my father in my presence—he said his son had been very ill for some time, and was out of work previous to that; that he had made several saddles, during his illness he had been obliged to pawn them, and he had the duplicates; if my father would take them out and keep them till he brought the money and paid for them, or allow him a fair price for them—these five gig and three hunting saddles were the ones given for the duplicates—I showed them to Mr. Buist in my father's counting-house—I was present, at about four different times, when my father saw the prisoner James—I got some of the saddles from Ashman's myself.
Cross-examined. Q. By what mark do you identify them? A. A mark I put on them in the shop as soon as I had shown them to Mr. Buist—they were redeemed, I believe, about the 9th of January—I made the mark on the 12th of March—they were in my possession all that time in the shop—I swear these are the saddles I brought from Ashman's—I made no mark on them when I redeemed them—we sold one hunting and two gig saddles—I have known the prisoner James two years, and never knew any thing wrong of him—there was nobody present at the transaction besides me and my father—we always do business in the counting-house—he said his son had been out of employ some time, and made the saddles himself, and being afterwards taken ill, was obliged to pawn them—my father was to pay him a fair value for them, or keep them till the father brought the money paid to the pawnbrokers—my father afterwards told him what he thought them worth, and he consented to take that, which was a fair value.
STEPHEN CREED (police-constable V 200.) On Friday, the 12th of March, I was applied to by Mr. Buist, at Richmond, and went to the house of the prisoner James Edward, on the Rise of Richmond-hill—I knocked, and his wife came to the door—I asked if Henry Allshorne was at home—I did not find him—I asked for the elder prisoner, James Edward, and was told he was not at home two or three times—I heard a noise at the back of the house, and made towards it, till I saw him going out of a little parlour which leads to a loft over the stable—I went up to him, and said be must consider himself in custody, charged as concerned in robbing Mr. Buist, of North-street, Finsbury, of saddles—he said, "God bless me"—I observed him put his hand into his pocket and throw a parcel out behind the door, which I took up—it was seven duplicates, wrapped in this paper, for seven saddles pawned at Ashman's, in Long-acre—(paper read)—"Mr. Allshone's respectful compliments, sends the enclosed, and will call on Mr. Tolley on his return from town this evening. 12 March,—41."—(At the foot of this were the particulars Of seven saddles pledged for 6l. 18s. together.) Witness. The seven duplicates agree entirely with these particulars—I found on him these other papers—(reads)—"To Mr. Allshorne: Dear Father, I shall not be able to be at home to-morrow, but will be home some time next week; I have sent you these tickets to do what you can with Tolley; if you don't like to give him all at once, give him what you think proper; give him as many us yon can; there is 15s. of the others not settled for. Henry Allshorne." "To Mr. Allshorne, Rise of the Hill, Richmond; Dear Father, I could not get it before this morning; it is 18s." &c,—here are eleven more duplicates, not relating to saddles.
Cross-examined. Q. Will you swear he was denied three times? A. Yes, by his wife; but hearing a door open, I suspected he was in the house—I only found him at the back of the premises—I found some men scouring articles below, but not in that room—I am satisfied the noise was not made by them—he could escape at the back with the greatest ease—he was doing nothing but standing up in the room—he did not give a paper into my hand—I found these papers in his pocket—he made no resistance.
MR. BUIST re-examined. I know the saddles produced to be mine—I have the names of my men who made them on each saddle—none of them were made by the prisoner Henry—I never saw him write, but have seen his writing once or twice, when he produced accounts to me—I do not know that he wrote them himself—I paid him on several occasions on the footing of their being his accounts—his name was not to them—I believe this letter to be the same handwriting as those accounts—my ware-house is adjacent to the back-yard, which the men have access to—there is a small shed where we dry our work, and he has frequently stood there by the fireplace, and could watch for my absence, then go into the warehouse, and help himself—he left me, saying he was very ill—I understood he went either to his father's or the hospital.
Cross-examined. Q. The thirty-one saddles produced you swear to be your property? A. Yes, and with the exception of two or three I can swear they were never sold, nor gone off the premises by my consent—a great number of these are imperfect, and are placed aside, to be sold as an inferior article—here is one made for a man subject to the piles—one was made to go to the East Indies, and was not the exact shape, and we laid it aside—none of them have been sold, to my knowledge.
GEORGE KEDOE re-examined. These duplicates of the 9th, 11th, 21st, and 25th of January, relate to the articles I have spoken of as pawned by the prisoner Henry—they have not been redeemed—these three found on the prisoner James are counterparts of duplicates which I have—two were pawned by Henry on the 8th and 23rd of February—the other I did not take in.
WALTER WILLIAM TOLLEY re-examined. I have seen the prisoner James write, and believe this letter to be his writing—I saw him sign this receipt when I paid him—this paper was inclosed to me—Mr. Buist came, and told me of his losing saddles, and I promised to assist him—I went to the prisoner Henry, at Mr. Piggott's, George-street, Richmond, and asked him where I could find his father—I then went to the father's house—his wife said he was not at home—I did not see him till the policeman brought him—I left word at his house that I had an order for some new sets of gig harness to go abroad, and if he had any duplicates of saddles, I should be obliged—this was about nine o'clock in the morning—he was apprehended, and that note addressed to me was found on him when he was taken.
WILLIAM IRELAND (City police-constable, No. 130.) I apprehended the prisoner Henry at Mr. Buist's house on the 12th of March—I found twenty duplicates in his pocket, twelve for saddles, and one for part of a horse collar.
HENRY ALLSHORNE— GUILTY . Aged 20.— Confined Two Years. JAMES EDWARD ALLSHORNE— NOT GUILTY .
1269. HENRY ALLSHORNE was again indicted for stealing, on the 27th of January, 1 saddle, value 1l. 5s., the goods of George Buist, his master; and JAMES EDWARD ALLSHORNE , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
GEORGE TOLLEY . I live at Richmond. On the 27th of January the prisoner James brought me this saddle, and said it was one his son had made while out of employ, and wished me to give him what 1 considered a fair price—I gave him 1l. for it—I had previously redeemed six gig saddles, and three hunting saddles, the tickets of which I had from him—he also said his son had made them when out of employment.
Cross-examined by MR. CHARNOCK. Q. Who was present when you bought this saddle? A. No one—I purchased it in my shop—I have known the prisoner James about two years, as a schoolmaster at Kew—he bore a very good character—I believe this to be the saddle I bought on the 27th of January—I put my initials on it when the officer fetched it away—there was no mark on it before by which I knew it.
WALTER WILLIAM TOLLEY . I saw this saddle some time at the latter end of January—I was out at the time my father bought it, but on my return the same evening I found it on the premises—this is the one that was delivered to the officer—we had others of the same description, but this has a piece put into the lining of the flap, to make it long enough.
Cross-examined. Q. What do you know it by? A. By the make—it was made by a man who works for me—he is not here—he may have made fifty like this for me. which have been sold—I supply the trade—I cannot positively swear to this particular saddle.
NOT GUILTY .
NOT GUILTY .
NEW COURT.—Monday, May 10th, 1841.
Fifth Jury, before Mr. Common Sergeant.
MR. PHILLIPS conducted the Prosecution.
WILLIAM SHAW MAYRS . I am a builder. In January 1839, a person named Antrobus employed me to fit up a coffee-shop in Holborn—as the work went on Antrobus was to pay me—15l. came due as part payment for work then doing—he ultimately paid me that by the bill now produced—I was not willing at first to cash it, but to take the 15l., and give the remainder—I required a reference—Antrobus gave me a reference to Mr. Faulkner, of Southampton-buildings, Holbern—I called at Mr. Faulkner's residence—he was not then at home—I saw a man named Beagarie there, representing himself to be Mr. Faulkner's clerk—he has since been tried—I believe him to be the person—I asked him if he knew Mr. Beagarie—he said, "Yes, I know him well to be a man of property, and coming into some more property"—I said I should wish to see Mr. Faulkner, and I went away—Antrobus called on me the next day—I told what took place between me and the supposed clerk—I said I should not be satisfied unless I had a letter in Mr. Faulkner's handwriting—I did not like to take a secondary evidence, I should require a letter respecting the responsibility of Mr. Beagerie—I am certain I used the word "responsibility"—he went to get the letter, and returned about four o'clock in the day with this letter—I made a memorandum on it, which he signed—(read)—SIR,—I have known Mr. James Beagarie for some years, and believe him to be a respectable (and responsible) man Yours obediently, FERDINAND FAULKNER. 31st of January, 1839. Court of Queen's Bench. Witness to the above alteration, WILLIAM ANTROBUS."—Upon finding the word "responsible" there, I cashed the bill, and gave a 30l. note, two sovereigns, and 12s. 6d.—he paid me 15l., and gave me the other as discount—the bill has not been paid by Mr. Beagarie—I presented it, and it was dishonoured—on that I had a communication with Mr. Faulkner, by desire of my solicitor—I was referred to the prisoner's house before I began to do work for Antrobus, and then I proceeded to do the work.
FERDINAND FAULKNER . I am a solicitor, and live in Staples Inn. In January 1839, two people named Beagarie and Antrobus met me in Westminster Hall—they said that a man named Mayes, in Orange-street, was going to do a bill, and he required a reference from some respectable person to show that he was known—I wrote this letter, but there has been a good deal of interpolating—the words "and responsible" have been interpolated after "respectable"—I did not put these words in—Beagarie asked me to interline "and responsible"—I told him I could not do that—when I had written the letter, I folded it up and gave it to Mr. Beagarie—I do not recollect seeing Norris—neither of them said a word about the 48l. bill—I had no clerk at that time—I lived in Southampton-place, opposite the Grotto public-house.
WILLIAM ANTROBUS . I remember entering into an agreement with Mr. Mayes to fit up a coffee-shop in Holborn—when he had done some of the work he applied for money, and refused to proceed unless I paid him—I
know the prisoner—I saw him on the 28th of January, 1839, at my house in Holborn—I said, Mayes had been doing some work for me, and refused to go on till he was paid for what he had done—I said I had not means sufficient by me—he said if I would go down to his house he would introduce me to a person of the name of Beagarie, a porter merchant, that Beagarie would accept a bill, and he, Norris, would draw it—I went and dined with him—he introduced Mr. Beagarie to me—he said Beagarie lived at Biggleswade, in Bedfordshire—Norris got the money from his wife to buy the stamp for the bill—I went with him and Beagarie to the stationer's shop in Newgate-street—Norris bought the stamp, and Beagarie drew the body of this bill for 48l. 17s.—I saw Norris sign his name—he asked me to take it to Mr. Mayes, show him the bill, and ask him if he would take 15l. out of the bill, and give me the difference—I said, "Who is Mr. Beagarie, what reference do you give?"—he said, "Mr. Faulkner knows him, and will give a reference for him"—I went and told Mr. Mayes who Mr. Beagarie was, that Mr. Faulkner knew him, and would give a reference—Mr. Mayes said he would go and see him—I went and told them, and Norris said to Beagerie that be must go and do it himself; if I was asked any questions about the bill I was to say that Norris took it from Beagarie, and gave him a horse and chaise—I got Faulkner's address, and gave it to Mr. Mayes—I informed Norris that I had given it to Mayes—they knew the time that Mr. Faulkner had got some appointment, and Norris and Beagarie went to the public-house opposite Faulkner's office—I went there with them, and left them there—they were to watch Faulkner out, and Beagarie was to go n and give the answer to the reference when Mayes called—Norris afterwards called on me, and said they had watched Faulkner out, that Beagarie went in, and Mayes went in, and it was arranged—next morning I saw Norris and Beagarie—I afterwards went to the Angel inn, near St. Giles's church—Norris called on me, and said he had made an appointment to see Beagarie at the Angel—I told him I had been to Mr. Mayes, but he was not satisfied till he had a letter from Mr. Faulkner, that Beagarie was a respectable and responsible man, and I had been to the house, and the housekeeper told me he was down at the Queen's Bench—I went down to the Queen's Bench with Norris and Beagarie—Beagarie went in, found Faulkener, and brought him out, and Beagarie asked him if he would write a letter to Mr. Mayes—he said he had no objection—he gave me his papers to hold, and I stood near the fire—Beagarie wished him to write something more in the letter than was in—he refused to do it—he wrote the letter, folded it up, addressed it, and gave it into Beagarie's hand—he brought it to me to the fire, and showed it me—the words "and responsible" were not in the letter at the time—Beagarie afterwards brought it to me and said, "It is no use taking this, it is no satisfaction to my character without the words 'and responsible'"—he asked me to insert them—I said, "I shall not"—I said, "I shall have nothing to do with it"—Norris said, "I would put the words in, but I cannot write well enough to do it"—Beagarie took it to the desk and put the words in, and Norris stood at his shoulder, and Norris folded up the letter—I sealed it and put it into my hat—we all went off together—I went to Mr. Mayes—I left Norris and Beagarie in Holborn—Mayes gave me 32l. 12s. 7d.—the 15l. was deducted out of it—I after that saw Beagarie and Norris—we dined together—we had a bill on the Bank for 30l.—Norris went to the Bank of England and got it cashed—I went with him to Broad-street, and stopped at a tavern—he went on—I afterwards saw him—I got 10l. for my share of this transaction—Norris
gave Beagarie 10l., and kept the balance himself, about 12l., but he paid for the dinner, and some brandy and water—I told him I would have nothing to do with it without he gave me a memorandum about it, and when the bill became due that he would find the money and take it up—I was convicted for this—Beagarie wrote the body of this memorandum, and Norris signed it—(read)—"Memorandum, Jan. 1839.—I have this day received 10l. of Mr. Antrobus, being the amount of my portion, as agreed on, for bill of exchange, drawn by me on Mr. Beagarie, of Biggleswade, for 48l. 17s."
Cross-examined by MR. ESPINASSE. Q. How long were you in prison for this? A. Somewhere near six months—I had never been in prison before—I came to-day from Whitecross-street—I am in the ale and beer trade—I kept a public-house in the Borough-market nearly three years ago—I have kept a coffee-shop in Holborn since—I cannot exactly say how long I was in business there—I got encumbered, with a lease, it was a bad speculation, and I disposed of the house—that is about a year and a half ago—I have been in Whitecross-street since—the prisoner has been many things—he kept the Bull and Mouth tap, I believe—I am quite sure Norris went to the Queen's Bench—I said I would not have any thing to do with the transaction if there was any robbery or chicanery about it—Beagarie and Faulkner were at the desk at Westminster, and Norris a little distance from Faulkner—I know a person named Poweracre—I do not know what he is—he was a crier in Whitecross-street—I have had no conversation with him about this business—he has come to me in there, and mentioned about Norris, and said he was there, and what was going to be done, and so on—I told him I knew nothing about it—I did not say, if Norris would satisfy me, I would go out of the way, and Mayes should not find me—I did not say I would certainly prosecute and transport Norris if I could—I said nothing to that effect—I did not tell him that the prosecutor had been to Whitecross-street, and offered to pay the debts and costs for which I was detained, if 1 would give certain evidence, as Mr. Mayes was determined to transport Norris if he could—I never said to Poweracre, I had made it all right with Mayes, and that I gave my evidence on my return from the Insolvent Debtors Court—I was not called on for a witness to this transaction on my return from there—it is twelve months ago since I was at the Insolvent Court—Mayes never took proceedings against me only in this court.
MR. PHILLIPS. Q. In how many different occupations have you known the prisoner? A. He was a bailman, and lived in President-street —he has bailed people, and been security for persons, and been paid for it; he has been in the corn trade, and in the bill way, getting bills done for wine, and keeping an eating-house at Bristol—he ran away from Bristol, and came to London—he told me so—he said he drove the mail there, and kept a public-house, got into difficulties, removed his furniture to London, ran away, and left his creditors, and he had good furniture here, which was what he had at Bristol.
THOMAS WILLIAMSON . I am a conveyancer, living in Graham-street, City-road. I know the prisoner—I have seen him write—the name of Norris on this memorandum (looking at it) I believe to be his writing, likewise this on the bill of exchange is his writing.
Cross-examined. Q. How often have you seen him write? A. Twice, about three years ago.
MR. PHILLIPS. Q. Have you had any transactions with him since?
A. He has brought me bills of exchange since that, either Norris or Beagarie was the drawer of them—I knew he was acquainted with Beagarie at at that time.
MR. ESPINASSE called
WILLIAM POWBEACRE . I travel in the tea line at present—some time since I was in Whitecross-street for more than two years—I bad a situation there the greater part of the time as crier and messenger—I remember Antrobus being there—I bad some conversation with him—he said if Norris would satisfy him he would go out of the way, and the prosecutor should not find him—he said he would certainly prosecute and transport him if he could, that be had suffered the punishment himself, and if he would pay him he would be off out of the country, and the prosecutor should not find him—he afterwards said that the prosecutor bad been there, and offered to pay his debt and liberate him from prison if he would give certain evidence, for he was determined to get Norris transported if he could—I saw Antrobus a few days before he left—he said he had made arrangements with the prosecutor, and it was too late now for Norris to say any thing—I cannot say that he told me he bad given his evidence on his return from the Insolvent Court.
GUILTY . Aged 56.— Confined Six Months.
GUILTY .* Aged 19.— Transported for Ten Years.
GUILTY . Aged 24.— Confined One Day.
GUILTY . Aged 41.— Transported for Fourteen Years.
GUILTY . Aged 17.— Confined Six Months.
1276. MARIA ALLEN was indicted for stealing, on the 1st of April, 3lbs. weight of soap, value 1s.; 11 candles, value 5d.; 1 1/2 lb. weight of sugar, value 1s.; 2oz. weight of tea, value 8d.; 2oz. weight of coffee, value 3d.; 1 pair of shoes, value 4d.; 8 shells, value 1d.; and 1 doll, value 1d.; the goods of Lewis Watson, her master.
HENRIETTA DAWSON . I live with Lewis Watson, in Cannon-row, Parliament-street. On the 28th of March the prisoner came to my brother's, as servant—she left on the 8th of April—I have missed this soap, candles, and other things—they were Lewis Watson's—we suspected her, and her mistress asked if she had any objection to have her box searched—she said no—we went into her bed-room—she found the box, and could not find the key—the box was brought down to the parlour, and then she said, "You open the box; I can't; 1 have property of yours in it"—I know this soap, I cut it with a piece of string—I know the shells and these shoes, they
are my niece's property—they are not worth 1d.—she admitted, before the policeman, they were her master's property.
GUILTY . Aged 15.—Recommended to mercy by the Jury.— Confined Three Months.
LOUISA LONGDEN . I am matron at the University College Hospital, in Gower-street—the prisoner was servant to the laundress—I missed one spoon—the other belongs to Dr. John Taylor, the house apothecary—the prisoner had an opportunity of taking them.
NOT GUILTY .
THOMAS CALCUTT . I keep a butcher's shop in Pleasant-place, King's Cross. The prisoner was employed by me—it was his duty to pay me the money he received on the day he received it—if he received 5s. 1d. on the 13th of April, he has not paid me—I sent him with a leg of mutton to Mrs. Burnside; he returned, and did not give me any money.
RICHARD JACKSON (police-constable 221.) The prisoner did not give any account of this till he was put into the cell—he asked to speak to his employer privately, and said he would tell him all about it.
Prisoner. If you forgive me this time, I will never come here again; my brother will take me.
GUILTY .* Aged 14.— Confined Six Months.
OLD COURT.—Tuesday, May 11th, 1841.
Second Jury before Mr. Recorder.
GUILTY . Aged 39.— Confined Three Months.
NOT GUILTY .
1281. HENRY BRUMFITT was indicted for stealing, on the 3rd of May, 1 coat, value 10s.; 1 handkerchief, value 2s.; 11 yards of mouslin de laine, value 18s. 1 table-cover, value 1s.; 1 pair of scissors, value 6d.;1 spencer, value 1s.; 1 pelisse, value 4s.; and 3 yards of linen cloth, value 1s.; the goods of John Neal Boyce.
JOHN NKAL BOYCE . I am a farrier, and live in Shad's-row, Gray's Inn-road. On Monday night, the 3rd of May, I went out—I returned in about two hours—I found my parlour-door open, and missed the property stated from the parlour—the handkerchief was in the coat pocket—the front door opens with a latch-key—it is a private house.
STEPHEN WHITAKER . I am assistant to a pawnbroker. On Tuesday afternoon, the 4th of May, the prisoner offered this coat in pledge—he gave the name of John Davis, and said he had brought it for his father, who lived at No. 20, Barbican—while he was in the shop, the policeman came in, and went with him, to see if he lived there—after he was gone, this handkerchief was found underneath a ledge which runs along the counter.
JAMES YARDINOTON . I live in Rose-and-Crown-yard, St. John-street, Smithfield. On the 4th of May, about a quarter-past two o'clock in the afternoon, as I came out of Rose-and-Crown-yard, I saw the prisoner in company with three others—the prisoner had a bundle under his arm, tied in a handkerchief like that now produced—I followed them, having received information from some children near the prosecutor's house—they walked down St. John-street, round Smithfield, to and fro, and then went down Charterhouse-street—I gave notice to a policeman, seeing them go to Mr. Whitaker's shop.
JOHN BRAND (City police-constable, No. 229.) I was fetched to Mr. Whitaker's shop—I found the prisoner there, attempting to pledge this coat—I asked him if he would go with me, as Mr. Whitaker had stated he came from his father's, in Barbican—he said he would—when we got outside, he said it was no use going any further; a boy bad given it to him in Smithfield—at the station he said a man had given it to him in St. John-street, and told him to pledge it for 10s., and what he got over that he might keep, and if he only got that, he was to have 6d., but he was not to bring it away with him.
Prisoner's Defence. As I was coming down St. John-street a man asked me to pawn the coat, and said I was to ask 10s. on it; he told me to give the direction which I gave.
GUILTY . Aged 17.— Confined Three Months.
JOHN FARMER (City police-constable, No. 655.) On Saturday evening, the 10th of April, about half-past seven o'clock, I was on duty in Hounds-ditch, about five minutes' walk from the prosecutor's house, and saw the prisoner carrying a firkin of butter on his shoulder—I followed him into St. Mary Axe, stopped him, and asked where he got it from—he said a man had given it to him to carry—he had no sooner said the words than he threw it down, and attempted to run away—I tried to lay hold of him, and knocked his cap off, but he got away—I called, "Stop thief," and followed him, but lost sight of him—he was afterwards brought to the station.
Cross-examined by MR. PAYNE. Q. Where did you lose sight of him? A. When he turned into Camomile-street, out of St. Mary Axe—I am
quite certain he is the person I stopped with the butter—I took the butter to the station.
HENRY FERRETT (City police-constable, No. 624.) I was standing within fifty yards of Palmer—I heard the cry of "Stop thief," and saw the prisoner making his escape from Palmer—I pursued him immediately, and took him in Wormwood-street—I kept within a few yards of him all the way.
Cross-examined. Q. Did yon lose sight of him? A. I could have kept sight of him—I cannot say I did—I first saw him at the corner of Camo-mile-street, in St. Mary Axe, running away from Farmer, who was in the act of catching hold of him—Farmer only followed him a very short distance—when he saw me after him he returned back to the butter.
THOMAS FITCH . My house of business is in Bishopsgate street. I lost a firkin of butter—I missed it on Monday morning when I came to business—I had seen it safe on Saturday afternoon—the firkin is now in Court—it is my property, and contained butter worth 50s.
Cross-examined. Q. Was it your own butter? A. It was consigned to me to sell—I know the firkin by the marks and brands—it is branded, "Strangham," who is the shipper, and the mark and number agree with the invoice—I remember seeing this particular firkin on the Saturday afternoon—I had but three of this description—I have no mark of my own on the firkin—the butter which was in it corresponded with that in the other two casks at home.
(The prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy.— Confined Three Months.
1283. JAMES ARMSTRONG was indicted for stealing, on the 13th of December, 1 watch, value 3l.; 2 seals, value 10s.; 2 watch-keys, value 5s.; 1 split ring, value 1s.; and 1 watch-ribbon, value 6d.; the goods of William Neale.
WILLIAM NEALB . I live at Windsor. I have known We prisoner for a few months—I have given him food and clothing from time to time—on the 13th of December I gave him some dinner—I went to church that evening, returned about eight o'clock, and found my room door open, and a window broken—I missed my watch seals, keys, ring, and ribbon, from a drawer in the room; also, 5l. in money, and a brooch, which are not stated in the indictment—the property was all safe when I went to church.
THOMAS GREY . I am shopman to Mr. Fleming, a pawnbroker, in St. Martin's-lane. On the 14th of December the prisoner and another lad came and offered this watch, seals, and keys in pledge—I asked the prisoner if it was his own—he said yes, be had woo it at a raffle at Windsor, for 5s.—I asked what he wanted on it—he said 30s.—I suspected, and asked if he would take half the money—he said, "Yes"—I told him I should stop him, and asked him again if it was his own—he said no, it was his brother's, who was waiting outside—he ran out, saying he would fetch his brother, and never returned—he left the watch behind—it was the other boy who handed the watch to me, but the prisoner said it was his.
THOMAS KENDALL (police-constable S 69.) I found the prisoner in Cumberland-market, and from a description 1 had received from Windsor, I asked him if his name was Armstrong, and if he ever lived at Windsor—he said, "No"—I said, "I know you have"—he then said, "Yes, I have"—in
going to the station, I said I wanted him for a robbery at Windsor—he said he was the boy who committed the robbery at Windsor.
(Property produced and sworn to.)
GUILTY .* Aged 18.—Recommended to mercy by the Prosecutor.— Confined Twelve Months.
1284. JOHN JEFFERY was indicted for stealing, on the 19th of April, 1 coat, value 10s.; 2 pairs of trowsers, value 20s.; and 1 pair of gloves, value 6d.; the goods of William Ward; and that he had been before convicted of felony.
GEORGE EDIS EVANS (City police-sergeant, No. 302.) On the afternoon of the 19th of April, I was in Fleet-street, and saw the prisoner cross from Red Lion-court, with something in his apron—I followed, and saw the lining of a coat in his apron; he pulled his apron round it, to hide it—I told a constable to go and stop him, which he did, at the corner of Shoe-lane—I instantly went over—he was asked what he had in his apron—he said a coat and a pair of trowsers—I asked where be got them from—he said from his sister's—I asked where he was going to take them, he said to his sister's—I asked where his sister lived, he said, "Just up here," pointing up Shoe-lane—I directed the constable to go with him.
FRANCIS BAYLIS (City police-constable, No. 313.) I stopped the prisoner at the corner of Shoe-lane, and asked what he had got in his apron, he said a coat and a pair of trowsers—I asked where he got them from, he said from his sister's—I asked where he was going to take them, he said to his sister's—I asked where she lived, he said, "Just up here," pointing up Shoe-lane—Evans said I had better go to his sister's with him—I went about one hundred yards, and asked him the name of the place—he said, "Bennet-street, Cow-cross"—I said I was not going there, and took him to the station—I then asked what he had in his apron, he said a coat and a pair of trowsers—I took them out, and said, "Are you sure there is only a coat and one pair of trowsers?"—he said yes—there were two pairs of trowsers—I asked if there was any thing in the coat pockets, he said, "Nothing whatever"—I said, "Are you certain?"—he said, "Yes"—he then said, "Oh yes, there may be some money that I left in it when I took it off last night—I said, "Unfortunately, the money's is a pair of gloves"—I found these gloves, and a summons for Mr. Ward to appear at the Court of Requests—I went to him directly, and he identified the property.
WILLIAM WARD . I live in Red Lion-passage, which leads out of Red Lion-court, Fleet-street. This coat, trowers, and gloves are mine, and were safe in my house at twelve o'clock in the morning of the 19th of April.
Prisoner. I hope you will have mercy on me; I will never come here any more.
JOHN PARK (police-constable E 5.) I produce a certificate of the prisoner's former conviction, which 1 got from Mr. Clark's office—I know the prisoner well, I apprehended him, and was present at his trial—he is the person described in the certificate—(read.)
GUILTY . Aged 18.— Transported for Ten Years.
and live in New Broad-street. The prisoner was in my service nearly three years, and had charge of the plate—on the 21st of April, I came from a journey in the country, I ordered tea, and noticed that the sugar-tongs were not on the table—I ordered him to get them—he said he would—he went down stairs, and I heard the outer door slam—he returned in a quarter of an hour with the tongs—the next time he went out I directed my clerk to follow him, and in consequence of what he told me, I charged the prisoner with pawning my things—I told him I should confront him with the pawnbroker, before the Lord Mayor—he then confessed that he had—he left me that evening, and never returned—I received this letter from him next day, enclosing about a dozen duplicates, and this other letter afterwards—they are in his handwriting.
(These letters being read, acknowledged hit guilt, and begged forgiveness, expressing an intention, that should he be enabled to get an honest living, he would, as soon as possible, pay the amount, and declaring that his mother was not implicated in the transaction.)
(Property produced and sworn to.)
GUILTY . Aged 25.— Confined Twelve Months.
(There was another indictment against the prisoner.)
1286. JANE WHITE was indicted for stealing, on the 30th of May, 20 yards of woollen cloth, value 12l.; 65 yards of kerseymere, value 17l.; 8 spoons, value 2l.; 2 shawls, value 1l.; I bedgown, value 6s.; 1 table-cloth, value 6s.; and 2 1/4 1 yards of fustian, value 5s.; the good of William Harry Woodall, her master.
WILLIAM HARRY WOODALL . I am a woollen-draper, and live in Bishopsgate Without; the prisoner was in my service for fifteen months. On the evening of the 21st of April, she went out and did not return—I examined my plate-basket in the morning, and missed some plate marked "W E W"—I sent for the prisoner's sister, and in her presence broke open the prisoner's box, in her bed-room—I found in it a piece of woollen cloth, a candlestick, some brown-holland, some black silk serge, and other articles of mine, and eight or nine duplicates—I have lost 50l. or 60l. worth of property altogether.
JAMES SULLIVAN . I am in the service of Mr. Jerome, a pawnbroker—I produce some cloth, and two spoons, pawned by the prisoner on the 12th of April—I have also a variety of other articles pawned by her.
GEORGE WORLEY . I am a pawnbroker. I produce two remnants of kerseymere, and one remnant of cloth, pledged by the prisoner on the 21st of January and 18th of February—on the 20th of April, she brought me another piece of cloth—I asked where she got it—she said she and her husband had bought several of these remnants to go to America—I sent out to make inquiry where she said she lived, and while I was engaged in another part of the shop she made her escape.
(Property produced and sworn to.)
GUILTY . Aged 36.— Transported for Seven Years. (There were two other indictments against the prisoner.)
JOHN WILLIAM MACKAT . I am a linen-draper, in Chester-place, Bethnal-green. On the 7th of May I was in Smithfield—I felt a tug at my pocket, and missed my handkerchief—I saw the prisoner walking away—went to him, and told him a gentleman wished to speak to him—his hands were in his trowsers pockets—my brother, who was with me, laid hold of him, drew his right hand from his trowsers pocket, and found the handkerchief in it—I told him to take it out, which he did—my brother handed it to the policeman—it was mine—this is it.
(The prisoner received a good character.)
GUILTY .*— Confined Nine Months.
1288. MATTHEW MATTENLY was indicted for stealing, on the 22nd of April, 32lbs. weight of bay, value 1s. 6d., the goods of Henry James Lord Montagu, his matter; and JOHN NEWTON , fox feloniously receiving the same, well knowing it to have been stolen; against the statute, &c.
WILLIAM SCOTT . I am bailiff to Lord Montagu. The prisoner Mattenly was his carter, and was directed to go to Uxbridge, on the 22nd of April, with a load of wood—I overtook the wagon, and noticed on the top of the wood some rye-grass hay—it was not quite a truss—he generally had a truss of hay to feed his horses, it would be the usual quantity—when horses are detained on a journey longer than usual, I believe men sometimes borrow bay, and, instead of paying for it, replace it—the constable afterwards took possession of the bay.
Cross-examined by MR. WILLIAMS. Q. How long have you been the bailiff? A. I am in my thirtieth year of servitude—Mattenly worked for his lordship, about nine years ago, for about five years; after that he lived nine years with a Mr. Ive, then came back—he worked under me—I always found him honest and industrious—he was bailed, and came back to the service, and is in it now—I have such an opinion of him, I do not believe he meant to steal this hay.
ROBERT TILLYER . I am a farmer, and live at Cowley. About ten o'clock on Thursday, the 22nd of April, I was passing the Crown inn, at Cowley, kept by the prisoner Newton, and noticed Lord Montagu's wagon with the hind part standing towards the house, and the horses towards the road—I saw Mattenly at the hind part of the wagon with a bundle of hay in his hand, which he gave to Newton, who turned round and carried it to his stable—I went up to Mattenly and said, "You are a very foolish man, I think you have been selling your master's hay"—he made no answer—I said, "You ought to be ashamed of yourself, I suppose you have sold it for a shilling"—he said, "No, I have sold it for a pot of beer"—when Newton returned I said, "Newton, you have been buying this man's hay; you ought to be ashamed more than him"—he said, "I am only going to give him some beer for it"—I said, "Go and fetch it back," which he did—I laid it down between them, and was going to take it away—Newton said, "Don't take it away, it is the first time," and he would not do it again—I gave the hay to Mitchell, the constable—it was about three-parts of a truss.
Cross-examined by MR. PHILLIPS. Q. How far was Newton from Mattenly
when you saw this? A. About a yard—Mattenly handed the bay to him from the tail of the wagon.
Cross-examined by MR. WILLIAMS. Q. Newton's house it in the high road? A. Yes—this was market-day—I did not see any team-boy there—Mattenly followed me to the constable's, leaving the wagon and hones at the inn—Newton said, "Forgive the man; it is the first time; he won't do it again"—both said, "forgive"—I have occupied land thirty years—I was a mealman, twenty years ago, for ten years, then lost money and turned farmer—I was unfortunate—I deal in cattle, and have about thirty-five acres of land.
JAMES MITCHELL . I am a constable. Tillyer gave me the hay—Mattenly came with him—I took him in charge—he said he hoped Mr. Tillyer would look over it this time, it was the first time—Tillyer said no, he could not do it, it was time these things were put a stop to.
Cross-examined. Q. Had Mattenly a team-boy with him that morning? A. A boy went to help him to unload the timber, but it was un-loaded at this time, and the team was returning—about half the bay was gone from the time I saw it on the wood and its being found.
NOT GUILTY .
GUILTY .— Confined Nine Months.
NEW COURT.—Tuesday, May 11th, 1841.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 19.— Confined Two Months.
1291. JOHN DINES was indicted for stealing, on the 23rd of April, 1 coat, value 15s.; 1 pair of trowsers, value 5s.; 1 waistcoat, value 3s.; and 1 bag, value 6d.; the goods of Richard Allingham, his master; to which he pleaded
GUILTY . Aged 15.— Confined Four Months.
WILLIAM WHITE . I am shopman to George Tattersall, of Maiden-lane. On the 13th of April I lost a parcel of brown cotton drawers, between one and two o'clock—they were just inside the door—they are the property of George Tattersall—I know them by the way in which they are numbered.
Cross-examined by MR. BALLANTINE. Q. Your master is not here? A. No—I was with him six months—he has no other name.
saw the two prisoners turn round from Gutter-lane, and Bowles went into the prosecutor's—he was there about two minutes, then came out, spoke to Jones, and pretended to be looking about for some name—Bowles again went in, came out, and brought this parcel of goods, which he gave to Jones—they went away—I secured Jones—one of my men was coming up the lane—I called to him, to secure Bowles, which he did.
Cross-examined. Q. How far is Gutter-lane from this shop? A. There is one door between Gutter-lane and my door—I could not see which came from Gutter-lane first—I did not observe them till they turned out of Gutter-lane.
Cross-examined by MR. HUDDLKSTON. Q. What was the direction you gave your servant? A. I called to him to secure the man with the white apron—they staid about two minutes—I did not notice any other part of Bowles's dress besides the white apron—I gave him to a butcher, and then found my man had got Bowles—they turned different ways—there are four houses between the prosecutor's shop and mine—my man is not here.
COURT. Q. Was he ever out of your sight? A. Bowles was—I am sure he is the man.
Cross-examined by MR. HUDDLESTON. Q. What did Bowles say? A. That he was not the man, and he knew nothing about it.
(JOHN WILSON, watch and clock maker, Great Turnstile, Holborn, gave Jones a good character.)
JONES*— GUILTY . Aged 20.— Transported for Seven Years.
BOWLES— GUILTY . Aged 20.— Confined Three Months.
SARAH BARFOOT . I am a widow, and live in Regent-street, Fen-church-street. About eleven o'clock in the morning of the 7th of April, I was going up Fenchurch street, near Gracechurch-street, in company with Mr. Tanner—I felt an obstruction in my walk—I immediately turned round, and Mr. Tanner seized Mason—I had a purse in my pocket, containing some duplicates and six small clasps—I lost them—I found the purse at my feet—this is it, and the clasps.
Cross-examined by MR. PHILLIPS. Q. When Mason was taken, did he not ask you to feel whether you were robbed? A. No—I did not say that my purse was hanging half out of my pocket.
JAMES WILLIAM TANKER . I am a tobacconist, and live in Star-court-row, Mark-lane. I was in company with the prosecutrix—I felt some one tread on my heel—I turned round, and found Mason's hand under the prosecutrix's gown—I seized him, and observed two others behind—Hudson was one of them—the other escaped—Mason begged hard to be let off, and said he was of a respectable family—Hudson begged for Mason to be let go—I cannot exactly say what he said.
JOHN MASON . I was with the prosecutrix—she had hold of my arm—I turned, and saw Tanner with his hand on Mason's collar—I looked down, and saw the purse lying on the pavement, at her feet—I called to the officer—he came and took them—I heard Hudson saying, he thought the young man was a very respectable young man, he had better let him go.
MASON— GUILTY . Aged 17.— Transported for Ten Years.
HUDSON— NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
SAMUEL HILTON . I live in Cateaton-street, City. On the 20th of April, about ten o'clock, I, accompanied by a female, went into a house in Black Horse-court, Fleet-street—it was an improper house—I am married—I paid what was required of me when I went into the house—I came down with the female, for the purpose of leaving the house—she was before me, and quitted the house—after she had gone through the door, Brown interrupted me in the passage, and asked me, would I not treat them with something—there was Allen, and a man Brown called Allen's husband—I said, "Well, I don't mind much about it"—I gave her two or three shillings—Brown went out, and fetched some spirits—while she was gone I was sitting with Allen in the front room on the ground-floor—I had had one or two glasses of brandy and water, not more—when Brown came in with the drink I had a wine glass of spirits and water—the man went away in half an hour after the spirits were drunk—Brown then asked me if I would give her any more to drink—I gave her a half-crown, and at that moment there was a noise in the passage, as though some one came down —Brown said, "Go up stairs with Allen, I will bring the spirits to you"—I went up stairs, and waited there five or-ten minutes—finding she did not come, I said, "Well, I am determined to go," and Allen asked me something about * * * * with her—I said, "No, nothing of that sort, I am not in that way"—I had no intention of anything of that kind—I said I was determined to go—on coming down into the passage again to go out, Brown said, "Won't you step in?" or something of that kind—I just stepped in, and at that moment a man came in, who she says was her husband—she said, "Won't you treat my husband?"—I said, "No, I have no change, I am not going to get any"—they kept making the application five or ten minutes—I refused to do any thing of the kind—the man then went out, and I attempted to go out, Brown stopped me in the door-way and said, "You have 5s. to pay before you leave"—I said, "For what?"—she said, "For going up stairs with Allen"—I said, "It is exceedingly strange, I have not been with the woman—it was not on that account I went up"—she said, "You shall not leave the house without paying the 5s."—she stood in the door-way—I was trying to get out—she put herself in an attitude to prevent me—Allen was standing at my right shoulder—I heard footsteps at the door—she then said, "You have got money"—I said, "Yes, I have a sovereign, I am not going to get change"—she said, "I will give you change"—she counted out 13s. 6d.—I said, "No, you have fixed your demand, I will have 15s., or will take my sovereign, and go out"—she said, "You shall not go"—Brown then said, "Allen shall get you change"—she was in the room all the time—I said, "Can't you get the money?"—she said, "No, give me the sovereign and I will get you change"—after a minute I threw the sovereign on the table and said, "D—me, get me 15s."—Brown took it up and gave it, or pretended to give it, to Allen—I could not see it pass—Allen
went out immediately—I followed her, and she went across the street to the Grapes public-house in Farringdon-street—when she got there she walked up to the bar, and I walked up after her—the waiter came up and said, "What do you want?"—I said, "The woman wants change for a sovereign"—she turned to me and showed me some halfpence and a sixpence, and said, "I am going to have a pint of ale"—I said, "Where is my sovereign?"—she said, "Don't make a row, these are all my friends"—I went back to the house in Black Horse-court—Brown said, "She has got your money, you must go and see after her"—I was coming out and saw a police-man—they were taken into custody, and taken to the station—Allen was detained in the first instance and locked up, but was allowed to go—the next morning I went before the Magistrate at Guildhall—Brown was in custody—I found Allen there—she made a remark that it was a d—lie to the—she evidence which I was giving, which caused the Alderman to call her forward said she had given me 14s. out of the sovereign, and she was asked where she got it—she said Mr. Butterfield gave it her—he is the landlord of the Grapes—he was sent for and asked questions, and Allen was then given into custody.
Cross-examined by MR. PHILLIPS. Q. Is it true that you had only drank a couple of glasses of brandy and water? A. I took only one or two after tea, which was at six or seven o'clock—I was not exactly sober—I was not drunk—I cannot tell what I had drank during the day—I was rather sober when I began—I had slept off the fumes of the day before—I was a little excited—I did not begin to drink that day before dinner—I dined about one or two—I drank a glass or two of ale at dinner, and one glass of spirits and water after dinner—I attended to my business—I took nothing more—I began again between eight and nine—I had come from Brunswick-square, I do not know the street—I am living in London at present—I have been here altogether six or eight months—I cannot positively swear how much I drank—I did not pay more than 1s.—I lived in Lancashire before I came to London—I was in the same business as I am here—my wife did not come to town with me—I have been married two or three years—I did not see Brown give Allen the sovereign—I said to the gentleman who took down my statement, that Brown gave, or pretended to give, the sovereign to Allen—I am not sure I stated it before the Alderman, I think it very likely I did—what I said was read over to me—I asked Brown for my change—she said, "Allen has got it, follow her"—I paid one or two shillings when I went into the house—I am not certain—I paid 2s.—Brown is keeper of the house—I am certain I did not give 3s.—I gave the woman I went with 2s. 6d.—I gave Allen 1s. because she gave me a candle, and pretended to be the servant of the house—I was sitting drinking with them in the house half an hour, not an hour—they first offered me rum—she offered it neat—it was bad, and I would not take it, and then some water was put to it—I then took some gin—I did not say I would rather have gin—Brown got the gin in consequence of Allen saying she would not drink the rum.
Cross-examined by MR. BALLANTINE. Q. Did you know Allen? A. Brown told me she was her daughter when I first went in, and afterwards that she was her servant—that was the first time I had ever been there, or to any house of the same kind in London—the girl I met took me to the house—after the girl left I went up into a bed-room, the room I had previously been in—I remained there five or ten minutes—during that time
I was talking to Allen—I sat down, not near the bed—I believe there was a sofa in the room—I sat close to her—we went down together, and it was then Brown made a suggestion about giving her money—Allen was present the whole time, from my coming down stain to my throwing the sovereign on the table—she used some other expressions besides saying, "If you make any row, these are all my friends"—I said, "Where is my sovereign?"—she said, "Don't you wish you may get it?" or something of that sort.
MR. CLARKSON. Q. Upon the oath you have taken, had you anything to do with Allen? A. No—on the question being put to me by the Magistrate, "Who took the sovereign?" I said, "Brown"—Allen called me a liar, and said, "I took it"—after that she said she got change from Mr. Butterfield, and had given me 14s. change.
(The prosecutor's deposition being read, agreed with his evidence.)
BROWN— GUILTY . Aged 43.
ALLEN— GUILTY . Aged 29.
Confined Four Months.
THOMAS TAYLOR . I am a baker, and live in Gracechurch-street. The prisoner was in my employ—it was his duty to pay me all the monies he received—if he received 1l. 2s. 2d. on the 22nd of March, be has not paid me, nor 7s. 3s.
Cross-examined by MR. DOANE. Q. How long has he been in your service? A. I purchased the business six months ago, and he was servant there then—it was his duty to account to me every day—it has gone over one or two days—in my absence, it was his duty to book his bread, and account to my daughter or my wife—he was authorised to purchase trifling things, and then it was his duty to book his bread, cast up his books, and deduct what he had laid out—my wife and daughter are not here.
COURT. Q. Did you make any application to him for the money? A. Yes—he said he would not criminate himself; he would go before the Lord Mayor, and have it out.
Cross-examined. Q. Do you know Mr. Taylor? A. No—I paid the prisoner for bringing bread from his employer.
GUILTY . Aged 34.— Confined One Year.
HENRY CLARK . I am a shoemaker, and live in Pitt's-row, Bethnal-green. On Tuesday, the 9th of March, the prisoner applied to me for a job—I employed him—at night he asked me if he could go down stairs to the yard—I told him, of course, he could—I heard him open the door, and
thought he was gone to the yard, but I saw the street-door open—I went to the yard, found the prisoner gone, and the coat and waistcoat gone also—this is his jacket, which he left behind him—no one else had been in the house between the time of his leaving and my missing the coat and waist-coat—he went away without notice.
GUILTY .* Aged 21.— Transported for Fourteen Years.
RICHARD COLBERT . I am assistant to James Bromley, a pawnbroker, on Ludgate-hill. I was in the shop about four o'clock, on the 21st of April—I saw the prisoner pull this handkerchief from the door—it was about one yard inside the door—I ran out—he dropped the handkerchief, and ran away—I did not stop to take the handkerchief, but pursued him—I am sure he is the boy.
Prisoner. I hope you will have mercy upon me; I will never do such a thing again.
(The prisoner received a good character.)
GUILTY .* Aged 11.— Confined Six Months.
DAVID ROBERT EDEN . I live in Eastcheap, London; about seven months ago I was living with my father, at Norwood. The prisoner was living servant there—I left this ring on my bed-room table, while I went down to breakfast—about eight months ago—the policeman stopped it on the prisoner—I can swear to the ring—it was given to me by my wife before I was married—I have no mark on it—I told two or three people of my loss —the prisoner offered to pledge a gold bracelet of my mother's, and the officer found this ring on her.
Prisoner. He did not say be had lost it. Witness. I do not remember telling her I had lost it.
WILLIAM STAVELET (police-constable G 189.) I took the prisoner into custody—these rings were produced from her pocket—she said she bought them for a halfpenny each at Dunwell-street—the prosecutor could not swear to the bracelet, because his wife was dead.
Prisoner's Defence. I picked it up in the bed-room—my young mistress wore it on her finger two days after I picked it up, and said she did not know it.
GUILTY .—Recommended to mercy by the Prosecutor and Jury, Confined Three Days.
THOMAS BARMBY . I am warehouseman to Thomas William Wing, in Eastcheap. In consequence of a communication, I looked about and missed this box of raisins, worth 15s., about ten o'clock in the morning of the 19th of April—there are some marks on the box, but not that I can swear to.
man come out of the prosecutor's with this box—he put it on his shoulder and walked off in a hurried manner—he went to Little Tower-street—the prisoner was about forty yards from the warehouse, not within sight of it—they placed it in a bag—I gave information to a policeman.
JOHN MACULLOC (City police-constable, No. 531.) I went after the prisoner, and asked him what he had got—he said a man hired him to carry the box to Tower-hill, and he would give him 6d.—he said he brought it from the corner—I said, "What place?"—he said, "Just up there"—I said, 0 Is the man here?"—he said, "No."
Prisoner's Defence. A man stopped me and asked if I wanted a job, and he would give me 6d. to carry it to Tower-hill—the policeman stopped me, and the man was gone.
JURY. Q. Where did they meet? A. In the passage of No. 4—they were both together—I cannot say which had the bag—I did not see the bag till they came out of the passage—I should say they knew each other.
NOT GUILTY .
ARTHUR JENKINS . I am a coal-merchant at Twickenham. On Wednesday evening, the 21st of April, about six o'clock, I went to a skittle-ground to play at skittles—I had 30s. 6d. in six half-crowns, and the rest in shillings and sixpences, in my left-hand coat pocket—I pulled off my coat, and put it down with the money in it—while I was playing skittles the prisoner came and asked if I had got arty beer—I said, "Yes," and told him to drink—I still kept playing—when I had done I put my coat on, and was going home with my horse and cart, when the witness West asked me if my money was right in my pocket—I told him I did not know, as well as I knew it was right—I then looked and missed three half-crowns—I ran after the prisoner, and asked him for it—he denied it—I said there was a policeman there, and if he did not give it up I would give him in charge—he then gave me the three half-crowns, and said he did it for a lark.
Cross-examined by MR. DOANE. Q. Did you call a policeman? A. No, I threatened to give him in charge of a policeman—no one was with me at the time he denied having the money—I have known him some time—he is in the same business as myself—there were five persons there playing skittles—I was not there more than ten minutes altogether—there was no one there when I went—I and West went in, and then three others came—I have not got my 6s. back—the prisoner hat a wife and large family.
EDWARD WEST . I was at the skittle-ground. I saw the prisoner put his hand into the pocket of the prosecutor's coat and shake it—I did not see him take any thing out—I do not know whether he had any opportunity of taking the money out.
Cross-examined. Q. The coat was lying on a bench, was it not? A. Yes—when he put his hand into the pocket he cried out, "Here is a lot of money"—he did not say he would take some—I did not think he was doing harm—I have known him a long time as a very honest man.
JOHN FRANKS . I am a policeman. I took the prisoner into custody—the prosecutor had been with him before I came—he said he had taken it for a lark—I found 13s. on him all but a farthing—he had said several times that he had only 7s. 6d. about him.
Cross-examined. Q. Had he been drinking? A. I did not observe it.
GUILTY . Aged 52.—Recommended to mercy.— Confined Two Months.
Cross-examined by MR. PHILLIPS. Q. What do you call this? A. Tweed is the name it goes by.
Cross-examined by MR. BALLANTINE. Q. When did you miss it? A. Between eight and nine o'clock in the evening—I had seen it about five minutes before, fastened to another roll by two iron rods, five feet from the door—I put it there myself—the bulk was not removed, only ten yards, which bung over between the rods.
ROBERT RAY . I am a cabinet-maker, and live in Sun-street. About half-past eight o'clock in the evening of the 13th I was walking down Bishopsgate-street, and passing the prosecutor's door I saw the three prisoners together—I saw Brown and Williams enter the door, with Smith holding up the tails of their coats, which drew my attention—as soon as the two had entered, Smith left them, and went and lifted the cloth from a rod—there were some other cloths there—when he saw me, he replaced the cloth in its place—the cloth was fixed to something—it was only the end of it that he took up—he removed it two or three yards towards the door, and then replaced it.
NOT GUILTY .
GUILTY . Aged 17.— Confined Two Days.
EDWARD BLACKBURN . I live at Mortlake, and am carter to Mr. Attwood there. On the 10th of April, at a quarter-past two o'clock, I was with his cart in Co vent-garden—I left it at the end of James-street, leaving my basket, containing six slices of bread-and-butter, by the side of the cart—when I came back from the market, I saw the prisoner going away with the basket from the side of the cart—he saw me, turned back, and put it where it was—he then came round the other side, and the officer took him.
GUILTY . Aged 17.— Confined Two Months.
RICHARD BROWN . I live in Bedford-street. On Wednesday night, the 7th of April, I was at the Black Bull public-house, Holborn—I had been cleaning the paint—after I had done it I had some bread and meat and porter—the prisoner came in, and asked for relief—I gave him some of the bread and meat and beet—he then went and sat down by the fire, by the side of which was a cupboard, containing my coat, with some letters in it—he sat a bit, and then went away—in half an hour I missed my coat—I did not know who had taken it, but seeing the prisoner come in without a bundle, and go out with one, I went in search of him—I found him on Saffron-hill—the letters which had been in my coat were found in his pocket, but the coat was gone.
Prisoner. Q. Did you see the coat in my possession? A. No—I saw you with a bundle—you had no bundle when you came in.
Prisoner. I had. I went in for half a pint of beer, and sat down by the fire. I found the letters in a piece of paper by the fire.
NOAH STONE (police-constable G 56.) I took the prisoner, and found these four letters in his pocket, which the prosecutor identified the moment I took them out—I asked the prisoner how he got them—he said he found them in the street.
Prisoner. You came to me at Hatton-garden, and said, "If you had the coat, if you give the man money, I will let you go." Witness. I did not.
Prisoner's Defence. I never went to the cupboard. I never knew there was a cupboard there. I picked the letters up in the tap-room.
GUILTY .* Aged 40.— Transported for Seven Years.
OLD COURT.—Wednesday, May 12th, 1841.
Third Jury, before Mr. Sergeant Arabin.
1305. RICHARD PINNUCK was indicted for breaking and entering the dwelling-house of Joseph Field, at Enfield, on the 11th of April, and stealing therein, 7 pence, 22 halfpence, and 20 farthings, his goods; to which he pleaded
GUILTY . Aged 15.— Transported for Ten Years.—Convict Ship.
1306. WILLIAM STRONG was indicted for burglariously breaking and entering the dwelling-house of Charles Weeden, about twelve in the night of the 29th of April, at St. Andrew, Holborn, with intent to steal, and stealing therein, 1 microscope, value 4l., his goods; also, for stealing, on the 20th of April, part of a microscope, value 7s., his goods; to both of which he pleaded
GUILTY . Aged 21.— Confined Twelve Months.
GUILTY .† Aged 26.— Transported for Seven Years.
GUILTY . Aged 32.— Confined Six Weeks.
Before Mr. Baron Parke.
1309. MICHAEL SULLIVAN was indicted for unlawfully, maliciously, and feloniously assaulting George Fox, on the 12th of March, and cutting and wounding him on his forehead, with intent to kill and murder him.—2nd COUNT, stating his intent to be to disable him.—3rd COUNT, to do him some grievous bodily harm.
MR. HEATON conducted the Prosecution.
GEORGE FOX . I am a porter and sometimes assist Mr. West, a broker. On the 12th of March I went, by his direction, to No. 2, Cooper's-court, Rose-mary-lane—West, Thompson, and Barnes were with me—I went into the room on the ground-floor, where the prisoner lodged—I did not see him at first—we made a distress on his goods, and had a warrant—I saw two or three females there—I believe one was the prisoner's wife—I told them what I came for, and showed the warrant—an inventory was made—I left Thompson in possession, and went to a room up stairs, in the same house, and while there, I beard a noise in the prisoner's' room—we had not seen the prisoner then—hearing a scuffle, I went down, and found Thompson outside the prisoner's room—West was with me—I asked Thompson who had turned him out—West said, "Push the door open, and go in and take possession again"—we spoke loud enough to be heard inside, as the door is very thin—we asked the people in the room to open the door, and I heard a man's voice, which I afterwards found was the prisoner's, say, the first person who opened his door he would split his head open, but with what I do not know—we pushed the door open immediately, and in an instant I was struck with an axe on the forehead—it did not injure me much—it cut a place in my forehead, which bled a little—it cut through my hat—the axe had a short broken handle, as it has now—my forehead did not bleed a great deal—the mark was about half an inch with the graze—it cut through the skin, but was a very trifling cut—we called for a policeman who came—I afterwards went and got it strapped up—I was not stunned.
Cross-examined by MR. PHILLIPS. Q. Did not West tell you in a loud voice to break open the door? A. He told me to push it open—he may have said "break."
COURT. Q. Were you struck by the edge or head of the axe? A. The edge, I believe—it was not done with the handle.
THOMAS LEE . I am assistant to Mr. Hewitt, chemist, Well-street, Wellclose-square—I have been apprenticed to a surgeon. On the afternoon of the 12th of March the prosecutor was brought to our shop—he had a cut of about a quarter of an inch, and about half an inch graze on his fore-head—it had cut through the skin and flesh, but very little below the surface of the skin—the edge of this axe would make such a wound—I do not think the back part of it would.
Cross-examined. Q. Was it not more of a graze than a wound? A. Yes—it merely raised the skin, at the top of which was a slight cut—I put a strap on it, and he walked away.
ISAAC BARNES . I live in Luke-street, Spitalfields. 1 went with West and the prosecutor—I was standing on the bottom stair, and saw the prisoner—as Fox entered the room, he said, "You b—, if you come in here I will split your b—head open" and with the words, he struck him on the head with the edge of the axe—I immediately jumped forward, and caught hold of him.
women and two or three men pushed me out—I cannot say who they were—I had told them what I was there for, and I had the warrant with me—I saw the prisoner come in at the outer door, but said nothing to him, nor he to me.
WILLIAM WEST . I am a broker, and was authorised to distrain for rent at No. 2, Cooper's-court—the prisoner was not present when I made the levy in his room—I did not see the prisoner till after this occurred, and had not told him I had made the levy—his wife was present when I made the inventory—there was hundreds of people round the house—he must have known I had distrained for his rent—after the blow was struck, he said the tax-gatherer had desired him, if any person came there, to eject them, as he could get no taxes from the landlord, he desired him to pay no rent—I cannot say he knew before the blow was struck that I had distrained for rent.
RICHARD MANNING . I am a policeman. I was called in on the 12th, and took the prisoner to the station—when I entered the room I took the axe out of his hand—he was bailed, and ran away to Ireland, from where I fetched him.
GUILTY of an Assault only. Aged 33.— Confined Nine Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
CALEB EDWARD POWELL . I am Assistant-Solicitor to her Majesty's Mint. I produce an examined copy of the record of the conviction of Sophia Wilson, for uttering counterfeit silver, at the Middlesex Sessions, in August, 1834—I have examined it with the original record in the office of the Clerk of the Peace—(read.)
Cross-examined by MR. PAYNE. Q. Were you a witness on her trial? A. Yes—I am quite sure of her person.
HANNAH SANDRY ROBINSON . I am the wife of William Robinson, butcher, of Brook-street, Ratcliffe. On Monday, the 26th of April, at half-past six o'clock in the evening, the prisoner came to our shop for half a pound of beef steak, which came to 4 1/2 d.—I served her—she gave me a bad sixpence—I saw directly that it was bad, and went back to show it to our man—I did not part with it out of my sight—I god where she got it, and told her it was bad—she made no answer—she gave me a good shilling—I gave her change—she left the sixpence in my possession—Philip Butcher, our man, went in pursuit of her, and in three-quarters of an hour she was taken into custody, and King came for the sixpence.
Cross-examined. Q. Who did you show the sixpence to at the back of the shop? A. Robert Wright—he is not here—I never lost sight of it—I gave it into Butcher's hand in the kitchen—Wright was in the slaughter-house—I am sure the prisoner is the person—I have seen her many times
at our shop—I marked the sixpence with a round O in the middle, with a knife.
PHILIP BUTCHER . I am servant to Mr. Robinson. On the 26th of April I was in the kitchen—I went into the shop while the prisoner was there—she walked out, and I looked after her—she went into the public-house next door, and came out in about three minutes—I watched her into Fisher's—that was a quarter of an hour or twenty minutes after she had been to our shop—I went to Fisher, said something to him, and went for King, a constable—I marked the sixpence in his presence, at master's shop.
Cross-examined. Q. Had you seen it before you marked it? A. Yes—I had it in my hand, and gave it back to mistress—the prisoner was not in the shop then—I was in the kitchen—I marked it after I returned from watching the prisoner.
WILLIAM SOUNDY . I am in the employ of Mr. Fisher, cheesemonger, in Union-terrace, Commercial-road. On the 26th of April, about six o'clock in the evening, the prisoner came for a quarter of a pound of cheese, and gave me a bad sixpence—my master was standing outside the door—I did not know Butcher had spoken to him—I told her it was bad—she made no reply, but gave me a good sixpence—the bad one was on the counter—my master came inside, looked at it, returned it to me, and desired her to be detained—she wished master to go to her lodging with her, but would not give her address—she seemed anxious to get out of the shop—in the mean time King came and took her—I gave the sixpence to Squire.
Cross-examined. Q. Did not yon lose sight of the sixpence from the time she put it down till you gave it to the officer? A. Not at all—I put it in one corner of the till, and took it out again in half a minute, and saw it was bad—I am sure it was the same, for there was not another sixpence exactly near it—there were four or five in the till—I put a cross on the head after I took it out—there was very little silver in the till.
MR. BODKIN. Q. Did you drop it through a hole in the counter, or pull the till out? A. I pulled the till out—I took the sixpence out again before I shut it—I had let go of it, and immediately discovered that it was bad—I am certain it is the same sixpence as I took from her.
THOMAS SQUIRE . I am a policeman. I was on duty, and went with King to Fisher's shop, and took the prisoner for attempting to pass a had sixpence—she wanted Butcher to go home with her—I received a bad sixpence from Soundy, and have kept it ever since.
CHARLES KING . I am a policeman. I produce a sixpence which I got from Butcher, in his mistress's presence—it was marked—I have bad it ever since—I took the prisoner—she had a basket containing a piece of pork about 2lbs., about 1 1/2 lb. of bacon, about 1lb. of mutton, on the top of the basket about 1/4 lb. of butter, and a 1/4 lb. or 1/2 lb. of beef steak; a parcel of tea, and another of coffee; 2s. 3 1/2 d., all in copper, and a bad sixpence among the halfpence.
GUILTY .*** Aged 26.— Transported for Seven Years.
First Jury, before Mr. Baron Parke.
1311. WILLIAM JOHNSON, alias Greeley , was indicted for feloniously uttering, on the 20th of March, a forged order for the payment of 5l., knowing it to be forged, with intent to defraud William Tucker.
MR. RYLAND conducted the Prosecution.
WILLIAM TUCKER . I am a poulterer in the Strand—I also deal in Welsh mutton. On Saturday afternoon, the 20th of March, between three and five o'clock, the prisoner came to my shop and asked for some Welsh mutton for Mr. Tucker, of Long-acre, who is a customer of mine—my man weighed the mutton, and I made out the bill—it was 20s. or 22s.—the prisoner tendered this cheque, on the back of which was written "Richard Tucker, Long-acre"—I took it, and gave the prisoner the change—I put the cheque into the till with my other money, and paid it in to Messrs. Twinings, my bankers, on the Monday—it was returned in due course, saying, "No account"—I then went to Mr. Tucker's.
Cross-examined by MR. PHILLIPS. Q. How do yon know the prisoner? A. From looking at him particularly—I believe him to be the man—I am not aware that there is a person about town very like him—he handed me the cheque—I did not know him before—it is a face I have seen some-where—I cannot say where—I do not think he had gloves on—coming as a butcher, I think I should have noticed if he had—there was nothing particular about his hands which struck me—(the prisoner here exhibited his hands, on each of which the two middle fingers were joined together as one)—they are certainly very remarkable hands—I put the change on the counter, and saw him take it up, but did not observe that peculiarity.
MR. RYLAND. Q. Can you positively say he had no gloves on? A. No, but he might have given me the cheque with his finger and thumb, without my noticing that deformity.
RICHARD TUCKER . I am a butcher in Long-acre. I know the prisoner, and have had dealings with him at times—the name, "Richard Tucker" on this cheque, was not written by me, nor by my authority—I did not send the prisoner to the prosecutor's on the 20th of March for any mutton—I never saw him write.
Cross-examined. Q. Have you known the prisoner long? A. Two or three years—he used to sell Welsh mutton in Newgate-market.
JURY. Q. Were you aware of the deformity in his hands? A. No, I never noticed it—I have had twenty or thirty transactions with him.
JAMES ASHTON . I am a clerk in the London and Westminster Bank, Lothbury. This is one of their forms of cheque—no person named John Fenwick keeps an account there now, nor did at the date of this cheque.
JOHN DEAR (City police-constable, No. 276.) I apprehended the prisoner on Saturday evening, the 3rd of April, in a passage leading to New-gate-market—I said, "Greeley, I want to speak to you"—he came on one side—I told him he was charged by Mr. Tucker, of the Strand, with passing, a cheque for 5l., and that it was forged—he then said, "My name is not Greeley, it is Johnson"—I took him to the station, searched him, and found on him a 10l. cheque on the same bank, and a flash—note for 50l.—the inspector desired me to take him to the Compter—as we were going there, he said, "It is all over, I did it, but I did not fill up the cheque myself"—I desired him not to say any thing to me unless he liked, and he did not say any thing more.
Cross-examined. Q. You are quite accurate as to the words he used?
A. Yes—I am sure he said, "It is all over," and "I did not fill up the cheque myself—those were the words—the cheque and note is all I found on him—I found 1d., and a knife, and a surer pencil-case—I think they are at the station—I also found on him a duplicate for a ring, and a duplicate for a pair of trowsers—I forgot that at the moment.
MR. RYLAND. Q. Have the note and cheque ever been out of your possession? A. No.
MR. PHILLIPS called
JOHN RONDO . I am in the employ of Mr. Drew, a poulterer in Fins—bury-pavement. About a week before I went to Guildhall, a young man came to my master's, and presented a forged cheque—I saw the person when he presented it—my master went to Guildhall about it—I was afterwards sent for by Mr. Alderman Hnmphery, and saw the prisoner there—he is not the person who presented the cheque—he is not like the person in features—he is about the same height and age—I had a greater opportunity of seeing the person than my master—after my master had sworn to him, he was not exactly positive, and sent for me on that account—he thought the prisoner was the man, but was not positive.
MR. RYLAND. Q. You had no difficulty in distinguishing between the prisoner and the man? A. No.
JOHN DEAR re-examined. (Looking at his deposition.) This is my handwriting—it was read over to me before I swore to it—I was desired to attend to it, and paid attention when it was read—it was written by Mr. Newman, a clerk in the office at Guildhall—(the witness's deposition being read, omitted the words, "He said it is all over," but stated, "He said I know I have done it, but I did not write them myself.")
(John Menzies, formerly stage-coachman, Chapter House-court, St. Paul's; and M. E. Greeley, bookbinder, 27, Jewin-crescent, gave the prisoner a good character.)
GUILTY . Aged 26.—Recommended to mercy by the Jury and Prosecutor. Transported for Seven Years.
Fourth Jury, before Mr. Recorder.
1312. MARGARET WALES was indicted for stealing, on the 21st of March, 1 handkerchief, value 5s., the goods of Anna Maria Madden: 1 pair of cuffs, value 5s.; 2 collars, value 15s.; and 1 ring, value 3s.; the goods of Adriana Arundell, her mistress; to which she pleaded
GUILTY. Aged 18.—Recommended to mercy by the Prosecutrix, having borne a good character.— Judgment Respited.
1313. THOMAS SILVESTER was indicted for unlawfully, maliciously, and feloniously assaulting William Beechey, on the 5th of April, and cutting and wounding him on the left side of his head, with intent to do him some grievous bodily harm.—2nd COUNT, stating his intent to be to resist and prevent his lawful apprehension and detainer.
WILLIAM BEECHEY (police-constable T 182.) I am stationed at Houns-low. In consequence of information which I received respecting the gardens in that neighbourhood, I went down there on Monday night, the 5th of April, between one and two o'clock—I saw the prisoner in an allotment of garden-ground, stealing cabbages out of one Pope's garden—I went round the school-gate, and got over a fence into the garden where he was—I went straight towards him—when I got within nine or ten yards of him, he came out from the cabbages to meet me—he then made away from me, and I after him—I caught him, and asked what he was doing with
those cabbages—he said he would soon let me know what he was doing with them—I said I should take him into custody, and take him to the station—he said, "Beechey, I will not be taken by one policeman, nor yet two"—he knew my name—I immediately collared him, and at soon as I did so he struck me with something very heavy—I cannot say what it was—he must have had it in his hand when he came out from the cabbages—after he struck me I cannot recollect any thing—Hall, a constable, tame to my assistance, I cannot recollect when—I was bleeding when I came to myself—I was against some railings when I came to myself—I do not recollect the railings before 1 received the blow—Mr. Pearce, a surgeon, attended me—I kept my bed three days—I got up a little on the fourth day—I feel the effects of the injury now—the severe blow was on the left side of the head, and I had two more blows besides—I do not recollect drawing my truncheon—the blow I received was unexpected at the moment, I did not know that he was going to hit me—I was sober, I had had nothing to drink that night—it was moonlight—I collared him with my left hand—I had nothing in my right hand.
Cross-examined by MR. PHILLIPS. Q. You did not take out your truncheon? A. I do not recollect taking out my truncheon—I swear that—I do not recollect whether I took it out after I was struck—I never said, "I am sure I did not take out my truncheon till after I had been struck"—(looking at hit deposition)—this is my name and hand-writing—I did swear that I did not take my truncheon out till after I was struck—I do not recollect that I took it out at all—I am sure I did not take it out before I was struck—I had nothing in my right hand when I collared the prisoner with my left—I had my truncheon in my pocket—I have known the prisoner eight or nine months—I never gambled with him at the Marquis of Granby public-house—I have been there—I never played at "puff, puff the dart" with the prisoner—I never heard of the game—the prisoner never won any pots of beer of me—he never was in my company at the Marquis of Granby, that I swear—I have never played any games there—I became acquainted with the prisoner by seeing him at Mr. Free-burgh's, a baker, where I dealt, in whose employ he was—I was not acquainted with him more than by seeing him—in a country place we all know each other's names—there are long stakes about the cabbage-ground—the prisoner had a dead fox hanging about his neck, and the cabbages were in his apron—he did not deny taking any greens, in my presence—I did not hear him say that they were his, and he had got them in his way home—I know a man named James Baker—I have seen him at the Marquis of Granby several times—I will swear he never saw me and the prisoner playing any games—I never did so—I went to the station, and signed the police-sheet that same day.
REUBEN HALL (police-constable T 181.) I was stationed at Hounslow. On the night in question, about one o'clock, I saw the prisoner in a field near some gardens, at the back of Hounslow—I said, "Halloa, what are you doing here?"—he said, "Nothing particular"—I said, "I think it is almost time you were at home"—he made no reply, and I went on—in about a quarter of an hour I heard Beechey call my name several times—I was a quarter of a mile off when I first heard him—I made towards him, and when within a dozen yards or so he called my name again—he seemed quite exhausted—he said, "Look sharp, he has almost killed me"—the prisoner said, "Yes, and I will quite before I leave you"—I said, "Hold
him fast, Beechey"—when I came within two or three yards, the prisoner dropped to the ground—he appeared to let himself down—Beechey fell against the palings—the prisoner said, "Hall, you are a man"—I went to Beechey, and found his face, and head, and coat covered with blood—I could not see the colour of his face—he laid for four or five minutes, and I thought he was dead—when he came to himself I helped him up—he said, "Hall, have you got the prisoner?"—I said, "Yes"—he got a little better, and I asked him if he was able to walk to the doctor's—he said, "Yes, I think I can," but he seemed then quite insensible and fainting—I said, "If you see another officer, on your way to the doctor's, send him to me, and I will stay with the prisoner"—in a few minutes Randall, another officer, came up—Beechey had sent him—we then got the prisoner up—he was lying on the ground all the time, and I was standing by the side of him—I did not attempt to help him up till Beechey was gone—I took him to the station, and left him there while I went to inquire after Beechey at the doctor's—he fainted away twice there—I and another officer were obliged to lead him out—we took him in again—the doctor dressed his head, and we helped him to the station—I afterwards took the prisoner to the lock-up place at Brentford, which was two miles and a half off—I was alone with him—he walked along very quietly indeed—the prisoner had some greens when I took him—I asked him what they were—he said, "They are my greens, I got them in my way home."
Cross-examined. Q. Have you not forgotten something? A. He had a fox with him—his frock was very bloody—he had a black eye—I did not forget that—I do not know where be got the black eye—his head was bloody, the upper part of it—he did not complain about his head at all—he, had a cap on—I did not take it off—his face was bloody, and so was his head—his cap did not come close over his head—I did not see the blood coming from his head down his smock-frock—I did not examine his head—I cannot swear it was not bleeding—I did not see any blood drop—I was within ten or twelve yards of him when I first saw him that evening—I did not perceive that he had a black eye then—he might have got it in the struggle.
WILLIAM GRIFFIN (police-constable T 77.) I took Beechey's beat after he came off—after five o'clock, at day-light, I went into the cab-bage-ground—there was a great deal of trampling, and blood lying about —it was a piece of peas just coming up where the affray seemed to have taken place—about twenty or twenty-five yards from the cabbages, near some palings, I found this horse's mane-comb, this black silk handkerchief, and this stake—I saw some cabbages had been broken off, and on the spot where the affray took place, I found two or three heads of cabbages lying—the stake had been recently pulled up, perhaps during the night—it had been about fifteen inches in the ground, apparently—there were other stakes on the ground—the ground is let out into twelve allotments, to different individuals, and is marked out by different stakes—the persons belonging to the peas had staked out their ground with two stakes of this description, one at each corner—there was a corresponding stake at the opposite corner.
Cross-examined. Q. Did you see the prisoner that night? A. I did not—this handkerchief was partly trod into the ground—the prisoner claimed it—there had been a most desperate struggle.
on the head—one was a small punctured wound on the hinder part of the left side of the head, another of a similar character but larger; and one of a worse character still, more forward than the other two, and it was of a similar character to the others, but seemed to have been inflicted with a harder blow than the others—there was not much external appearance—he had not the full command of his senses, though partially aware of what he was about—he was in a state of high nervous excitement—that would arise from a struggle, as well as from a blow—the wounds were dangerous—wounds in the scalp are always dangerous—he had evidently lost a great deal of blood from the appearance of his clothes and his face—he was bleeding when I saw him—I dare say the wounds extended to the bone—the scalp is very thin there—there was no concussion produced—his pulse was very fluctuating, and very low—it was with difficulty I could keep him from fainting—he did not actually faint, but was very near it, and was taken out—he was in the surgery about three-quarters of an hour—he was ill, I believe, ten days or a fortnight—I attended him that time—debility was the principal of his illness—the wounds were not sessrious in their effect, but they might have been—he was a great deal hurt—I think this stake might produce the wounds—here is some blood at this end of it—here is a sharpness at the extremity of it which might have cut the head—I should not think blood would immediately flow so as to stain it—I am a member of the College of Surgeons.
MR. PHILLIPS called
COURT. Q. Do you know the spot in question? A. Yes—it is about a yard from the path—it is a public path through the back fields, and runs through the allotment—I understand he was going the back way to his own house—it is not the proper way, but he frequently went that way—I would take him into my employ.
(Two other witnesses also deposed to the prisoner's good character.)
GUILTY of an Assault. Aged 23.— Confined Six Months.
GUILTY . Aged 17.—Recommended to mercy.— Confined One Month.
1315. HENRY WILLIAMS was indicted for breaking and entering the dwelling-house of John Critchell, on the 20th of April, at St. Clement Danes, and stealing therein, 8lbs. weight of leaden pipe, value 12s., his property, and fixed to a building.
JOHN NEWLAND . I live at No. 8, Plough-court, Carey-street, Lincoln's Inn-fields, and am a warehouseman. The house belongs to John Critchell, and is in the parish of St. Clement Danes—I have charge of it for him—on the 18th of April, I was in the cellar of the house—the leaden water-pipe which passes through the cellar, was safe, and the lead of the pump—I locked the cellar, and took the key away—on Tuesday evening, the 20th, I went to the cellar, found the door open, the padlock was screwed off, the whole of the leaden-pipe, and part of the pump, gone, and the water running about the cellar—I found the prisoner in custody at Bow-street—the lead produced was matched with the cellar, and corresponded
with the portions which remained, and the pump exactly corresponded—it belongs to Mr. John Critchell, and is worth 3l.—the cellar is part of the dwelling-house.
JOHN DENNIS . I am a policeman. On Tuesday, the 20th of April, I was in Clare-market, and saw the prisoner in Stanhope-street, with a sack on his back containing lead—I stopped him, and asked what he had got—he made no answer—I asked where he brought it from—he said, "From St. Clement's-church"—I asked where he was going—he said, "To Mon-mouth-street"—he then threw the lead at my feet, and ran off—I followed, and met my brother constable—he was secured—I am sure he is the man—I afterwards compared the lead with what remained in the cellar, it agreed with it—he was stopped about a quarter of a mile from the prosecutor's—there was about 80lbs. weight of lead.
SAMUEL TAPSELL . I am a policeman. I heard an alarm of "Stop thief"—the prisoner was running down Princes-street—I attempted to stop him, but he knocked my arms down—I afterwards stopped him in Wild-street—he said he had done nothing, and requested me to let him go—it was about eleven o'clock.
Prisoner's Defence. I was seeking for work—a person came up to me in the Strand, and asked if I wanted a job, to carry a load to Oxford-street, and he would give me 1s.—I took it, and went as far as Stanhope-street, when the policeman stopped me—the man immediately passed down a court, and I lost him—he looked like a plumber, and I had no suspicion the lead was dishonestly obtained.
GUILTY . Aged 21.— Confined One Year.
1316. ELIZABETH DARLEY was indicted for stealing, on the 23rd of April, 9 caps, value 10s.; 5 shirts, value 1s.; 4 frocks, value 50s.; 4 petticoats, value 10s.; 3 pairs of shoes, value 3s. 6d.; 1 pair of stays, value 2s.; 1 scarf, value 1s.; 1 spoon, value 6d.; and 1 night-gown, value 2s.; the goods of Paul Biddle, her master.
LOUISA BIDDLE . I am the wife of Paul Biddle, a tallow-chandler, of Judd-street. On the 23rd of April I missed a pair of stays—I went to look for them in the prisoner's room—she was my servant—I found all the articles mentioned in the indictment, in a bandbox, which was partly open, under her bed—these things had been lying by for several years, in a chest in another room—I told Mr. Biddle—he had an officer, and gave the prisoner in charge—when I asked her for the stays, she said she had them on—she gave the articles up to the officer when he came, and he showed me a metal spoon—she had no business at the chest at all—it was not locked—she had been three weeks with me, and I had a very good character with her.
ROBERT SMITH . I am a policeman. I was called, and went into the prisoner's bed-room—she opened the box herself, and delivered the things to me—when I asked her to show me her box, she said these were the things—she was questioned about the stays before she went up, and said she had got them on, and said she had the things in her box which her mistress said she had lost—she was afterwards taken down into the kitchen, and said she bad left her shawl up stairs—she went up again, and there dropped a metal spoon from her dress—the stays were given to me by the female searcher at the station.
GUILTY. Aged 17.—Recommended to mercy by the Prosecutrix and Jury.— Judgment Respited.
NEW COURT.—Wednesday, May 12th, 1841.
Fifth Jury, before Mr. Common Sergeant.
1317. ELIZABETH BROWNHILDER was indicted for stealing, on the 8th of March, 2 spoons, value 1l. 10s.; 2 shawls, value 1l.; 2 petticoats, value 5s.; 3 yards of calico, value 2s.; 1 sheet, value 5s.; 1 pair of earrings, value 5s.; 1/2 yard of velvet, value 9s.; 1 scarf, value 4s.; and 1 fruit-knife, value 2s.: also, on the 16th of March, 7 spoons, value 16s.; the goods of Sarah Gimber; to which she pleaded
GUILTY . Aged 24.— Transported for Seven Years.
GUILTY .* Aged 14.— Transported for Seven Years.—Convict Ship.
LITTON pleaded GUILTY . Aged 14.— Transported for Seven Years.
FURSSE pleaded GUILTY. Aged 18.— Judgment Respited.
1320. GEORGE FURSSE was again indicted for feloniously receiving, on the 13th of April, 1 shawl, value 4s.; the goods of Ann Balls, well knowing it to have been stolen; against the Statute, &c.; to which he pleaded
GUILTY. Aged 13.— Judgment Respited.
1321. JOHN WILLIAMS was indicted for stealing, on the 9th of April, 2 printed books, value 6s., the goods of Thomas Fox : also, on the 13th of April, 4 printed books, value 10s., the goods of William John Powell; to which he pleaded
GUILTY . Aged 32,— Confined Six Months.
GUILTY . Aged 16.— Transported for Seven Years.—Convict Ship.
GUILTY . Aged 31.— Confined Three Months.
GUILTY . Aged 16.— Confined Three Months.
WILLIAM JONES . I am shopman to Edward Lodge, of the Strand. About a quarter-past nine o'clock on Thursday night, the 8th of April, the prisoner came to the shop, and requested to look at a scarf that was in the window—I took it out, an I told him it was 30s.—he said he wished it
for a friend, who would be in in a few minutes—I asked him to sit down and wait—after a short time, he asked if I had any about 20s.—I produced a bundle, part of which were these scarfs—I showed him one with a flower on, which was 26s.—he said he liked it, and would take it—he held it up to the light, and said he could not see through it, and with the other hand he took these scarfs—he gave me an address, and said he would have that, but wait till his friend came—I took the scarfs to the end of the counter, and then intended to go round to shut the door, because I had seen him take the scarfs—he had put some behind his coat, and dropped some on the floor—he took them up and went out, I followed him, and saw the policeman—he was taken, and threw these scarfs away.
Cross-examined by MR. PAYNE. Q. How long was he in the shop? A. About a quarter of an hour—I was standing close to him—I was on one side of the counter and he was on the other—I saw him take them off the counter—I could not lay hold of him then—I thought it was better to shut the door—the scarfs were thrown away nearly opposite Northumberland House, in the Strand, about thirty or forty yards from Mr. Lodge's—I saw the prisoner stoop—I saw the things thrown away the very moment before he was stopped—there might be thirty people about.
GUILTY . Aged 17.— Transported for Fourteen Years.
JOHN STEVENS . I am a brush-maker, and live in Upper North-place, Gray's Inn-road. At twenty minutes past nine o'clock on the 12th of April, I received information from my daughter—I ran out, overtook the prisoner, and found on him this brush, which is my workmanship—I can swear to it.
Prisoner. Q. Did I not take two or three out of the basket, and put them down again? A. No, you took one out of the basket.
Prisoner. The basket was outside the door, and one brush was outside—I took two or three out and put them down again—some one said, "Take one," and seeing one on the pavement I took one—a person came after me and said I had a brush about me, 1 gave it up out of my pocket, and offered to pay for it.
(Evidence for the Prisoner.)
FREDERICK VOAKES . I am the prisoner's brother—he is not of sane mind—this is not the first time he has been in confinement—previous to five years ago he was an affectionate brother, and a good member of society —he had a good situation—he was a silversmith by trade—he became deranged, and we found it necessary to have him confined in St. Luke's—he was there nine months—they then let him out on trial, and he went on very bad for about six months—he was taken to St. Luke's again, and continued there nine months—he then came out not cured—he conducted himself very bad, and we lost sight of him for three months—we then found
he bad been committed for stealing two books—we attended, and he was found "Not Guilty," on account of insanity—he was then committed to Hanwell, where he has been more than twelve months—he ran away, and one of the officers came and took him back—one Sunday morning, about a month ago, he came to us before we were up, and said be bad been discharged on the Friday—he exhibited during that day such violence, as induced me to go to Hanwell to see if he was discharged—the doctor said he was afraid it was a hopeless case, but if there was a chance for him it was by letting him mix again in the world—I came back from Hanwell, and found he was in possession of my sister's apartment—he had frightened her out of the room with a poker, and got possession of the whole place—I am sure he has not a sense of right or wrong, or gratitude of any kind—every little benefit we have done him has been scoffed at— I am convinced, not only his family, but the public, are in danger from him—he has not only been convicted of stealing the brush and two books, but be has confessed to us his trickery and thieving that he has committed—the first thing was one Sunday morning, how he avoided the officer finding two tickets of a telescope and a draft-board on him—he must have lived entirely on thieving for three months—Dr. Connolly told me that they have a fund, from which they give when they consider them cured, from 3l. to 5l., but he was so doubtful in this case that be merely gave him a sovereign—that was gone in a day or two, and I gave him a trifle myself—the next day I wrote to Dr. Connolly, and he wrote me this answer—(reads) "Hanwell, March 8, 1841.—SIR,—I am much inclined to think that the prospect of being sent to prison would be a more effectual check on your unfortunate brother, than the fear of being sent to an asylum. If you get a proper medical certificate of his insanity, the overseers of the parish to which he belongs will cause him to be sent here; he can only be received in this way, or by a Magistrate's order. The police will surely relieve you from more immediate danger. I am afraid he merely gives way to bad and violent propensities, well knowing at the same time right from wrong. I am, &c., JOHN CONNOLLY."
NOT GUILTY. being Insane.
JOHN GLENDINNING . I live in Sloane-street, Chelsea, and am a watch-maker. On the 10th of April the prisoner came and asked to be shown a watch at about 3l. 10s. or 4l.—I had not got one, but I showed him a patent lever one at 6l. 10s.—he seemed to approve of it, and said, "Lay it on one side"—he then asked to look at some guards—we showed him some—he chose one which was 30s., but we said, as he had had the watch, he should have it for 1l.—he then said, "Let me have a note for the watch"—before I could take up the pen, he ran off with the watch, and I after him—the policeman caught him in William-street with it.
(The prisoner received a good character, and a witness engaged to employ him.)
GUILTY . Aged 17.—Recommended to mercy.— Confined Three Weeks, the first Three Days and the last Seven in Solitude.
1328. DANIEL GILLETT was indicted for stealing, on the 8th of April, 4 boxes, value 10s.; 12 sacks, value 1l. 6s.; 4 pictures, value 1s.; 1 stamp, value 6d.; 4 candlesticks, value 2s.; 1 cruet, value 1s.; 1 cruet-top, value 1s.; 1 finger-plate, value 1s.; 2 printed books, value 1s.; 1 cap, value 6d.; 1 gun, value 1l.; and 1 hat, value 6d., the goods of Thomas Seymour, his master, to which he pleaded
GUILTY . Aged 23.—Recommended to mercy.— Confined Four Months.
HENRY BEAVEN . I am servant in the steward's-room at Clarence-lodge, St. James's, and was in the service of the late Princess Augusta Sophia—in July last I missed a silver table-spoon from Clarence-lodge—I knew the prisoner by her bringing milk there—this spoon belonged to her late Royal Highness Princess Augusta Sophia, and is the one I missed—I clean my plate in the passage, which she would have to pass through, and I suppose I left it there accidentally.
Cross-examined by MR. PHILLIPS. Q. What was the Princess's name? A. Augusta Sophia—I will not swear that it was not Sophia Augusta—I have heard some say that it was Sophia Augusta, and some that it was Augusta Sophia—her plate was marked A. S.
COURT. Q. What was the name she always went by? A. Augusta Sophia.
JOHN THOMAS NEATE . I am a pawnbroker, and live in Duke-street, Manchester-square. On Saturday, about two o'clock, the prisoner brought this table-spoon to pledge for 10s.—she said she brought it for Miss Perry, in Woodstock-street—I saw it was one of the Princess Augusta's, and said I would see Miss Perry—I went with the prisoner to Woodstock-street—there was no such person as she described, and I gave her into custody—I have known the prisoner three or four years—she is a very honest industrious person, and her husband was always honest—she has had the spoon by her for nine months, without the resolution to part with it.
(The prisoner received a good character.)
GUILTY . Aged 23.—Recommended to mercy.— Confined One Month.
1330. JAMES SHUTE was indicted for stealing, on the 10th of April, 1 sixpence, 1 penny, and 6 halfpence, the monies of James Hogg; from the person of Jane Hogg; and that he had been before convicted of felony.
JANE HOGG . I am the wife of James Hogg, we live in West-street, Southwark. On the 10th of April, between six and seven o'clock, I was going over London Bridge—I had a sixpence, a penny-piece, and six halfpence in my pocket—I was told something, and missed my money—I did not see the prisoner—a pencil and a small stone were left in my pocket, but the money was gone.
JAMES TIDMARSH (police-constable M 51.) I was on duty, and saw the prisoner lift up the woman's dress, and take something from her pocket with his right hand—I crossed and asked what she had been robbed of—I went after the prisoner and took him, and in bringing him back he threw the money over the bridge.
Prisoner. I threw nothing over the bridge, neither was I near the woman—I have a poor mother, and I am her whole support.
GUILTY . Aged 18.— Transported for Ten Years.
JEREMIAH OAKLEY . I drive a broom cart. On the 24th of April, I went to the Magpie public-house and drank—I had then two sovereigns and three shillings in my bag—I went out, and the prisoner got up into the cart to ride—after a little time she said, "I have lost some of my books, you bald-headed old b——you have got them"—I said, "I have not, search me all over," and I pulled up my frock—I felt her hand go hard down by my right side, near where I had my money, in my right-hand pocket—she then got out and went off—I went on a few rods, and I then missed my money—I pulled up and went to the Magpie, and asked where the woman was—two men said she was gone off towards Colnbrook.
GEORGE FINCH . I am a linendraper. I remember the prisoner coming to my shop on Saturday evening, the 24th of April, to purchase four hand-kerchiefs—they came to 5s. 6d.—she offered me a sovereign—I gave her a half-sovereign in change, and the rest in silver.
WALTER ROBERT LEIGH (police-constable T 166.) I went and found the prisoner in the shop at Colnbrook—I told her the charge—she first said she had no money, and then only what was her own—I found a soverign a half-sovereign, and 4s. 6d. on her—I went with, her to the station, and in going a man said, "What a shame that you should rob such a poor man as that"—she said, "What a d—fool he must be to let me"—before the Magistrate, the prosecutor said that when he found his money was gone, his hair stood all up on end, and when I came out with the prisoner she said, "What a d—old fool the prosecutor must be, but I am a bigger fool than him, for if I had got across the country you would not have found me."
Prisoner's Defence. He went the cross country roads, and said it was the nearest way—he began to pull and maul me about—I said if I had known he had been such a person I would not have come into his cart—I did not take a farthing of his money—I worked hard for that money.
GUILTY . Aged 36.— Confined Six Months.
MICSHAEL LEVY . I am a cab proprietor, and live in Sandy's-row, Spitalfields. The prisoner was in my employ—I bought a particular sort of oats, with some black tares among them—the prisoner fetched them from the cornchandler's, and they were placed in the stable on the 17th of April—he took them up into the loft—he came to me about four o'clock and said, "Master, I have mixed up two days' provision for the horses"—I went up and looked at it—I then went down and found a parcel in the stable concealed, all ready to take away—I examined it, and found a bag of oats and some black tares among them, behind a corn-bin, concealed under half a truss of straw—I went again about seven o'clock in the evening, and it was gone—I then fetched the constable, and it was found in Henry Randall's
stable, which is two stables from mine—these are the oats and those I had—they are mixed with tares.
Cross-examined by MR. PHILLIPS. Q. Do you know Mr. Ronayne's stable? A. Yes, I never alleged that they were taken from there—I never had any quarrel with the prisoner—I was once fined 40s. for not delivering up a parcel at Somerset House in time—I was at Union Hall—that was for not taking up a bag—the gentleman said it was left in the cab—I did not know it was there—I did not know what was in it—I did not see it till they found it in the cab, and when it was found the policeman had it—I did not see it—they did not give me time—I walked off voluntarily with them—I was fined—I saw the article before the Magistrate—I do not know what it was—I did not ask—I saw the policeman take it out from the bottom of the cab—it was a lady who complained—I do not know whether it was her reticule—it was a bag—it was found in the bottom of the cab.
Q. Was it found in the horse's nose-bag? A. I did not put it in—I believe it was found in it.
Q. The nose-bag was in the boot of your cab, was it not? A. Yes, Sir, it was—there was another young man riding with me—I gave him a ride—never saw him before—I do not know whether he put it in the nose-bag, and put the nose-bag into the boot of the cab—I was away half an hour—I did not put it there—I do not know whether the prisoner gave any information about it—if I had known that, I should not have taken him into my service—I had some black tares put in amongst my oats—this has been going on for some time—this bag is mine, because a man left it in my stable for a night's work.
WILLIAM DEXTER . I keep the Black Horse stable-yard. Between six and seven o'clock in the evening of the 17th of April, I saw the prisoner walk from one stable to another, and when he got into Randall's stable I saw him with this bag in his hand—he remained there about a minute, and came out without it—in about three-quarters of an hour I told the prosecutor that if he would look into Randall's stable he would find it.
Cross-examined. Q. What did you see? A. I saw him come out of Levy's stable, and go into Randall's, and then I saw the corn-bag in his hand—I saw him come out of Randall's stable without it—I saw him walk from Levy's stable to Randall's, but I did not see the bag in his hand in the yard—I was thirty or thirty-five yards across the yard—he could have had this bag in his hand without my seeing it—he might have seen me, but perhaps did not know that I was looking at him.
NOT GUILTY .
1333. JOHN SHUKER was indicted for stealing, on the 12th of April, 1 purse, value 1s.; 1 half-crown, 10 shillings, 10 sixpences, and 3 groats; the property of Michael Saul, from the person of Martha Matilda Saul.
MARTHA MATILDA SAUL . I am the wife of Michael Saul, a cabinet-maker. Between ten and eleven o'clock at night, on the 12th of April, I was in the Robin Hood and Little John public-house with some friends—I was talking to my sister-in-law, and found the prisoner's band in my pocket—I had a purse in my pocket, and 18s. or 19s. in it, in half-crowns,
shillings, sixpences, and fourpenny-pieces—I detained the prisoner's hand there as long as I could—it was not out of my pocket when I seized it, but by a deal of exertion he got his hand out, and part of my purse and money came out with it—I seized him, and held him as tight as I could—I called for assistance—I have sworn that 18s. was out of my pocket.
Cross-examined by MR. PHILLIPS. Q. Was "your majesty" talking to your sister-in-law at the time? A. Yes, I were—my sister is not here—she did not see the prisoner pat his hand into my pocket—she does not wear spectacles, I believe—I have no explanation to give why she did not see this—it could not be dark at that hour of the night—there were candles—I am called Queen of Kensall-green—if I am called so, I answer to it—my sister is with her family I suppose, in the City—I saw her last on Easter Monday—I did not think it requisite to have her here.
Q. Now, your sister talking to yon, and he having his. hand in your pocket, how long did you hold his hand in your pocket? A. As long as I could, some two or three minutes—my sister saw the struggle, decidedly, but she did not see the hand in my pocket—I accused another man of receiving the purse, not of stealing it—I do not know how many persons were in the tap-room all this time—I did not count them—I know of five persons being in the tap-room, at the time of the robbery, besides my sister—none of them are here.
Q. Pray what were you doing in the tap-room? A. Speaking to my sister—I was not obliged to go there to speak to her, but I chose it—I had drank there that night, I do not know how much—I drank ginger-beer and half-and-half—I did not drink any thing else—my sister joined with me—I cannot say how long I was drinking—it was not half-a-dozen hours—I did not dance that night—I took hold of another man by the collar, but I can swear I did not accuse him of stealing my purse—I then went up to the bar, and accused the prisoner, after he had been in charge.
COURT. Q. What became of the money you saw in the prisoner's hand? A. He passed it over into another hand.
MR. PHILLIPS. Q. Did not the prisoner say it was a lie—he had not got it—he was not near you? A. No—the other man did not come and say, "Why, it is not long ago since you accused me of stealing your purse."
Q. Did not one of the men say, "D—n your eyes, you will swear any thing?" A. On my oath, I did not hear him—I did not retort the same phrase—a gentleman named May came out of the parlour into the tap-room—he was called by the landlord of the house—the landlord is not here—I saw the prisoner pass the purse to another person—I did not give an alarm, and cause that person to be taken—I did not see the person, I only saw the hand—the man's hand was very near to me, and the prisoner was not far from me—I called out to the landlord—I did not say that another man had gone away with my purse—I did not see a man, I saw a hand—it appeared to be a man's hand—it was no person in the room—I suppose it was between the doors—it was not in a room, and yet it was in a room—I can write a little—the signature to this deposition (looking at it) is mine.
Q. Now, is this true, "He got his hand out of my pocket—I saw him pass my purse to the hand of another man who was standing by"—is that true? A. Yes.
Q. How do you reconcile this with stating that he had gone to the door, and that you only saw the hand of a man? A. I did not see the man—it was passed into the hand of a man apparently standing by—the prisoner left the tassel of my purse in my pocket, in his struggle—I had not been in the house half-an-hour—we had one bottle of ginger-beer and one pint of half-and-half between five of us—I did not go home with my sister that night—when Mr. May got into the room, I suppose he saw her—I paid the people honourably who crowned me Que of Kensall-green—I paid 6s., that was all—we are neighbours, and we live as neighbours—it is merely inhabited by cottagers—I dance to oblige them when I think proper—I don't dance in public-houses, and not very often on the green—we have a room there.
COURT. Q. Are you sure you had this money in your pocket that night? A. Yes—I am sure the prisoner was the man that had his hand in my pocket—I am sure I saw the money pass to another hand.
JOHN MAY . I was in that public-house on the 12th of April—the prosecutrix was there—I heard a noise, and went out of the parlour to go and see what was the matter—the prosecutrix directed her discourse to me, and told me the prisoner had robbed her of her purse—she was holding him by the collar—I took him into the tap-room, and detained him till the police-man came, and he was given into custody—I accompanied the officer, the prosecutrix and the prisoner to the station—the prisoner attempted to break from the policeman, and ran into the canal, and took the policeman in with him—I went in up to my waist, and brought him out—he said he would sarve me out for it—he said be would stick to me while I had got a back, and give me an inch of steel—I heard the prosecutrix say that the prisoner had passed the purse to somebody, but 1 did not witness it.
Cross-examined. Q. How did it happen that the landlord did not detain the other man? A. I do not know—I saw a person there whom Mrs. Saul states is her sister-in-law—I have known Mrs. Saul seven or eight months—she goes by the title of "Queen of Kensall-green"—she is a very good woman—I am not one of those who dance—I cannot account for the landlord not being here—I did not see the prisoner do any thing—there were net many persons in the tap-room then, because they were standing at the bar, where the prisoner was—the landlady was there, but she is not here—I do not think there was any purse found—I never saw the prisoner or any of them before—the persons I saw were the prisoner's acquaintances, who attempted to take his part—the prisoner said he was not the guilty person, that he never robbed any person of a halfpenny in his life—I forgot to tell that to my lord.
MR. PHILLIPS called
WILLIAM FRANKLIN . I am a carpenter. I saw Mrs. Saul in the Robin Hood and Little John public-house on Easter Monday night—the prisoner was there—the prosecutrix accused a man standing at the bar, and one man in the tap-room—she seized the man in the tap-room by the collar, and said that he had got her purse—he denied it—she was then hustled round, and the man was let go—she then went to the bar, and accused the prisoner of having his hand in her pocket—he said, "You are a liar, I have never been a-nigh you"—she said he had, he was the man—while she
was accusing the prisoner, the man that she had seized by the collar came forward, and said, "D—your eyes, you will swear any thing; you just now accused me of having your purse, and now you accuse this man of having his hand in your pocket," and the answer she made to him was, "You are one of the d—gang"—I suppose there were not less than from fifteen to twenty persons in the tap-room—there was no sister of hers there—I had not seen her before she made the accusation.
COURT. Q. Where do you live? A. At Kensall New Town—I have lived there nearly four months—I never saw the prisoner before.
NOT GUILTY .
ANN GODWIN . I am the wife of Charles Godwin—we live in Honey-suckle-court, Milton-street. The prisoner is my daughter—she came to my house on the 4th of May, and took an ink-stand off the mantel-piece—she went away, and I followed her—she went into a shop to try to sell it—they would not purchase it—I came up to her, and brought her back, and she I threw the ink-stand under a rag-shop in Moor-lane—I described where it was, and the officer went and got it.
GUILTY .* Aged 17.— Confined One Year.
JOHN DOWMAN . I live in Windsor-street, Uxbridge, and am a slopseller. I bad a pair of shoes in my window on the 23rd of April—I saw them safe about twelve o'clock, and missed them when the policeman brought them about eight—these are them.
RICHARD ROADNIGHT (police-sergeant T 11.) I saw the prisoner at the shop about eight o'clock that night—he walked away—I followed him—he put something on the ground—I took him and brought him back to the spot, and found these shoes there—I took them and him to the shop.
GUILTY . Aged 24.— Transported for Seven Years.
MR. DOANE declined the prosecution.
NOT GUILTY .
1337. MARY ANN SMITH and SARAH NEALE were indicted for stealing, on the 16th of April, 1 watch, value 2l. 10s.; 1 watch-chain, value 2l.; and 1 seal, value 5s.; the goods of Joseph Platts, from his person.
JOSEPH PLATTS . I am a stock and bit maker, and live in Little Peter-street, Westminster. On the 16th of April, about one o'clock in the morning, I was walking down the Strand from Temple Bar—I got near to Somerset
house, and turned into a night house, and got a drop of half-and-half—the prisoners joined me at the door, and asked if I would give them some half-and-half—I said I had no objection—they went in, and there was some cold beef there—they said they were hungry—I gave them some beef—we drank the beer, and then they said they were hungry, and I gave them more beef—when we got to the door they wanted me to go back to Temple Bar with them—I said, "No, I shall go home" got me into a court—I felt Neale's hand at my breast and about me—she went off, and I missed my watch, chain, and seal—I said to Smith, "I will not leave you till I have got my watch"—I said I would go back with her, and when we got to the corner of Star-court I said to her, "If you will let me have my watch again, I will give you all the money I have got"—she said, "What will you give me?"—I gave her half-a-crown, and she said I had got more—I then gave her 2s. 6d.—she agreed I should have the watch when she had got all the money I had, but she then turned restive, and would not give it me—I then gave her in charge—the policeman went with me to Star-court, and found Neale—he knocked at the door, and Neale came—I did not think it was her, but the policeman almost persuaded me to take her—he said if I took her, there would be nothing amiss at the station—immediately she was brought to the light, and had her "robes" on, I said, "That is the person," and she was taken to the station—the policeman searched for the watch, but never found it—I suppose I was with the prisoners half an hour before the watch was taken—I had not been out of the public-house two minutes when it was taken—Smith was in front of me at the time—they were both teasing me to go with them to Temple Bar—the watch was in my left-hand waistcoat-pocket, and my coat was open—I am certain I felt Neale's hand in my pocket, and the moment her hand was gone, I clapped my hand, and missed the watch—she and Smith had both hold of my coat—Neale was gone off—it was very dark, and I am very short-sighted—I do not think I could have caught her if I had run after her—Smith had acknowledged they were sisters, and I considered that if I kept one I should be doing right.
Cross-examined by MR. PAYNE. Q. You would not go home with Smith? A. Not a bit of it—when she got the money, she said she did not know any thing about the watch.
Neale. We asked you for something to drink—we went in—while we were eating the beef and bread, you sent Smith to the bar for another quartern of gin—you whispered to me, and said, "If I go home with either of you, I should like to go with you"—the landlord then brought the gin, and then you had another pint of half-and-half, and while we were drinking, another female, who was very much intoxicated, came in, and leaned over your shoulder—I spoke to the landlord, and asked if we was to sit in peace—he came and turned her out of the house, and then you got up and handed the half-and-half round. Witness. There was not another female there—I sat between the prisoners all the time—there was no other female near me—I did not whisper to her that I should like to go home with her—I resented it—it was about one o'clock when I went to the public-house, and about four when we went to Neale's—in the mean-time I had been to the station.
EDWARD RUSSELL (police-constable F 145.) About six o'clock that morning the prisoners, who were locked up, were observed by the inspector on duty to be talking together, and he told me to listen—I heard Smith say to Neale, "Are you here as well as me?"—she said, "Yes, do you think the bloak
will press it again t me?—what, does he mean to prosecute?"—she said, "I don't think he will"—Smith then said, "We will get fifty for it"—Neale replied, "You won't get half the money"—Smith then said, "We will send for Bradley, and she will make it all right for us"—some other person then came in, and they stopped talking—after that person was gone, Smith said to me, "You tell the person that brought that in, to go to the chandler's shop in Cross-lane, and ask for a person named Bradley, if she don't give that name, she is to ask for a person of the name of Reeves"—when I went hack, I heard Smith say to Neale, "I have sent for Bradley to come down, and all I want of you is not to split."
Cross-examined. Q. Were you acting as the jailor? A. Yes—I was in the station house-yard—they could not see me—I saw their faces—they were at the small flap, at the door—I was in the area'—they were in different cells opposite each other—they were obliged to speak loud.
SMITH— GUILTY . Aged 24.
NEALE— GUILTY . Aged 28.
Confined Six Months.
Sixth Jury, before Mr. Sergeant Arabin.
1338. JOHN SHELL was indicted for stealing, on the 12th of April, 1 waistcoat, value 7s.; 1 handkerchief, value 2s.; 1 tobacco-stopper, value 6d.; and 2 half-crowns; the property of Thomas stedman,: to which he pleaded
GUILTY . Aged 20.— Confined Three Months.
1339. JOHN FORD was indicted for stealing, on the 12th of April, 1 jacket, value 10s.; I waistcoat, value 6s.; and 1 handkerchief, value 2s.; the goods of James Watts, in a vessel upon the navigable river Thames.
JOHN ADAMS (Thames police-constable, No. 11.) On the 12th of April I fell in with the prisoner coming on shore at Bell Wharf-stairs, Shadwell, about two o'clock in the morning—he was carrying a bundle of clothes—I asked where he was going—he said, "On shore"—I said, "For what purpose?"—he said, to run away from his ship—I took him back to the ship, overhauled the things, and found these things—I asked him what ship he belonged to—he said, the Endymion.
JAMES WATTS . I am apprentice on board the Endymion collier—the prisoner's was apprentice there—these are my things—I lost them from my chest, which was unlocked, and was in the half-deck of the vessel—I never permitted him to take them—he has been on board fourteen months.
GUILTY . Aged 19.— Confined Three Months.
ANN DURHAM . I am a widow, and live in Arundel-street, Strand—the prisoner was my servant for six days. On the 12th of April I sent her out for beer, and she never returned—a policeman brought these spoons back, which are mine.
EBENEZER HARRIS . I am a pawnbroker. These spoons were offered to me by the prisoner—she asked 2s. on them—I called up the other young man, not liking her answer—he questioned her, and sent for a policeman.
Prisoner's Defence. I know nothing about the spoons.
GUILTY . Aged 28.— Confined Six Months.
HARRIET ASTON . I am the daughter of John Aston, who is a broker, in Vere's-passage, Somers-town. On the 15th of April my father and mother were both out—the prisoner came to the shop, and took two blankets and a counterpane off the sofa, and walked out with them—I followed, and came up with her not far from the shop—I asked her to give me these things up, as they were not hers—she gave them up, and said, "I did not mean to take them," and ran away—I gave the alarm, and she was taken.
Prisoner. I beg you will have mercy upon me.
GUILTY . Aged 28.—Recommended to mercy.— Confined Three Months.
STEPHEN HANKS . I am groom to Mr. John Lee Bentham, of Wigmore-street. I met the prisoner in Marylebone-lane on the night of the 16th of April—I had a slight knowledge of her before—she went with me to Easely-mews, where I live, over my master's coach-house—we went to bed together—she got up first, leaving me asleep—when I awoke she was gone—I missed the watch now produced, which had been hanging on a hook near the fire-place—I missed it before fire o'clock in the morning.
Cross-examined by MR. PHILLIPS. Q. Were you quite sober? A. I was, I had not enough to make me drunk—I am single.
WILLIAM BENHAM TOMLINSON . I am a pawnbroker, and live in Upper George-street, Bryanstone-square. I had an intimation of this—the prisoner came to my shop on Saturday evening near eleven o'clock—she produced this watch, and wanted 30s. on it—my young man spoke to me—I asked the prisoner whose property it was—she said she brought it for a young man who was standing outside, who worked at the coach-maker's opposite—I asked her if she could bring him—she went to the door, and came in and said she did not see him—I gave her into custody.
DANIEL GRIMWOOD (police-sergeant D 11.) I was on duty in Adam-street—I went to Mr. Tomlinson's shop, and, from a motion made by one of the young men, I went outside and stood at the corner of Adam-street—the prisoner came and asked if I had seen a young man that worked at Mr. Peter's factory—I said, "No"—she went into the shop again, but previous to that she said a young man spoke to her in Adam-street and said, "It is rather awkward, is it not? I want to go in and pledge this watch; I don't like to go in myself, I am so well known, for I work at Mr. Peter's;" that he gave her the watch, and told her to ask 30s. on it—Mr. Tomlinson then came out and I took her—I went to her lodging, at No. 1,
Barlow-street, and in a box I found this steel chain—I heard her say she lived there.
Cross-examined. Q. Did you say before the Magistrate that she told you she lived at No. 1? A. No; I said that I heard her say at the station that she lived at No. 1—she was speaking to me in the street about one or two minutes, close to Mr. Tomlinson's shop—she spoke to me—the Magistrate did not desire me to bring the charge-sheet here at the trial, I swear that—Mr. Humphrey made a request that the charge-sheet should come here—Mr. Rawlinson did not desire it should come here—he said yes, but he made no order for me to produce it—I never had it in my possession—it was sent back to the station—I cannot say whether it is at the station now—I cannot say whether they are returned from the Commissioners—the prisoner made no attempt to escape—there was a man in bed in Barlow-street when I went there.
GUILTY . Aged 26.— Transported for Seven Years.
1343. SARAH WILLIAMS was indicted for stealing, on the 12th of April, 2 breast-pins and chain, value 15s.; 1 purse, value 6d.; I sovereign, 1 half-sovereign, and 2 groats; the property of Constant Vermier, from his person.
CONSTANT VERMIER . About one o'clock in. the morning, on the 12th of April, I met the prisoner near Temple-bar—she wanted me to go home with her—I went to Shire-lane, and agreed to give her half-a-crown—while I was on the bed I felt her hand in my pocket—I had a purse containing one sovereign, one half-sovereign, and two groats—I then felt, and missed it—I told her she had taken it, and at the same moment I saw her arm move, and heard it fall on the floor—it could not have got on the floor without her taking it out of my pocket—I got up, took the purse, and desired to leave the room—she put herself before the door, and would not let me go except I gave her half-a-crown extra—I said we did not agree for that, and I tried to move her from the door—while I was trying I missed my pin from my shirt—I am sure it was safe before that—I came back and told her she had got it—she said she had not, and we looked in every part of the room—she searched as well as I—it could not be found—I went down stairs with her, and while I was at the door the constable came up—I told him she had taken my pin—he looked for it—he removed her from a corner of the room, and I saw him pick up my pin at the same moment—it could not have fallen out in any way.
Cross-examined by MR. DOANE. Q. You heard the purse on the floor? A. Yes—I heard the purse drop from me while I was on the bed—I am certain she did not want a crown at first—I missed my pin directly I got to the door.
WILLIAM WHITE (police-constable F 88.) I was passing, the prosecutor and the prisoner were at the door—the prosecutor said she had robbed him of his pin—she was standing in one corner, and I saw her pot her hand behind her—I moved her, and picked up the pin, just behind her—I had asked her where it was—she said she knew nothing about it, and had not got it—I picked it up—she said she had not put it there.
Cross-examined. Q. You heard nothing drop? A. No, I never said that I did—the prosecutor was standing on the step—he must have passed along the passage to get to the spot—he gave me the purse before the Magistrate the next day.
JURY to CONSTANT VERMIER. Q. Was the pin safe when the half-crown wag demanded? A. Yes.
NOT GUILTY .
FREDERICK WILLIAM DUNSFORD SERL . I am a builder, living in Somerset-street—the prisoner was one of my men. I lost some fowls on the morning of the 20th of March—the policeman called me—I went to the station about other property, and there I found four fowls.
Cross-examined by MR. PAYNE. Q. How do you know them? A. By the appearance—I know one of them by a Jump under its wing—I know them by sight ten houses off—I had some of them twelve months, and was in the habit of feeding them—I missed them on the 20th of March—I am quite sure these four are mine.
ELIZABETH IRWIN . I live next door to the prisoner. On the Monday or Tuesday in the week the prisoner was taken—he knocked at my door, and asked me to let him put these fowls into my yard till his yard was done up—I said he could, and he left them there.
Cross-examined. Q. Where do you live? A. In St. George's-in-the East—it would take me twenty minutes to go to Mr. Serl's house—I always considered the prisoner honest.
(The prisoner received a good character.)
GUILTY . Aged 25.—Recommended to mercy.— Confined Six Months.
(There was another indictment against the prisoner.)
1345. MARIA SMITH was indicted for stealing, on the 29th of March, 2 shawls, value 22s.; 1 veil, value 5s.; 1 locket, value 5s.; 5 yards of merino, value 10s.; and 1 handkerchief, value 5s.; the goods of Thomas Dickens.
ELIZABETH DICKENS . I am the wife of Thomas Dickens—the prisoner occasionally worked in my service, to make drops and do needle-work—I have known her about two years—I had not seen her for a year and a half nearly, till she knocked at the door, I was surprised to see her—she stopped tea with me—she came again on the 26th of March, and stopped some time—I said, "I suppose you want to stop here"—she said, "I should be obliged if you would let me"—she came again on the 29th—she went out, and came back about twelve o'clock at night—she said she must walk the street all night, if we did not let her in—my husband went down and let her in—she remained till the Monday evening, and then left—I did not miss these things till the Friday following—some of them were taken from the front parlour drawers.
Prisoner. On the Sunday evening she sold me the blue shawl for a sovereign, and she promised to lend me the veil—we had a dispute about the locket being gold, and I took it to the pawnbroker's—they said it was not gold.
I and the veil at No. 41, John-street, a house which the prisoner was in the habit of going to.
Prisoner. I took the dress and veil unknown to her—it is my first offence.
GUILTY . Aged 18.—Recommended to mercy.— Confined Six Months.
ALEXANDER MENZIES . I am in the service of James Tidmarsh, a cutler, in Leather-lane. On the 10th of April the prisoner came to boy a knife—I showed him two lots, and I left a number of knives before him—I returned—he had chosen one—I missed another—a policeman was called—I accused him of stealing the knife—he said he had not got it—the policeman was about to search, and he drew it from his pocket.
Cross-examined by MR. PAYNE. Q. Had he been in the habit of dealing there before? A. Yes—for some years—Mr. Tidmarsh knew him very well—he said, when be took it out of his pocket, that be put it into his pocket because his bauds were wet with perspiration—he lives at Hammersmith.
NOT GUILTY .
OLD COURT.—Thursday, May 13th, 1841.
Second Jury, before Mr. Sergeant Arabin.
1347. HENRY PRICE was indicted for stealing, on the 26th of March, from and out of a certain post letter, 15l. Bank-note, the property of Her Majesty's Postmaster General: and JAMES WILLIAM STEVENS , for feloniously receiving the same; well knowing the same to have been stolen: against the Statute, &c.; to which
PRICE pleaded GUILTY . Aged 16.— Transported for Ten Years.
STEVENS pleaded GUILTY . Aged 27.— Transported for Fifteen Years.
1848. HENRY PRICE was again indicted for stealing, on to 14th of April, 10lbs. weight of vermicelli, value 20s., the goods of James Stringer, his master: and JAMES WILLIAM STEVENS , for feloniously receiving the same; well knowing it to have been stolen: against the Statute, &c.; to which
PRICE pleaded GUILTY .
STEVENS pleaded GUILTY .
1349. HENRY PRICE was again indicted for stealing, on the 13th of April, 6 glass bottles, value 6d.; and 3 quarts of pickled vegetables, value 5s. 6d., the goods of James Stringer, his master; to which he pleaded
GUILTY . Aged 16.
GEORGE BINKS . I am a clerk in the Bank of England. On We 21st of April, about a quarter to ten o'clock in the morning, I was on London-bridge—I missed my handkerchief, and turned round—a gentleman said, "If you have lost your handkerchief, one of those three has got it"—I
saw three persons walking about a dozen yards from me—I followed them, and collared two of them—the gentleman followed the other, who was the prisoner, and brought him up to me—I asked if either of them bad got my handkerchief—they all denied it—I insisted that one of them had got it, and as the policeman was coming up, the prisoner drew it from his breast—this is it—the other two got away—I was not aware I could detain them.
GUILTY .† Aged 23.— Transported for Ten Years.
DANIEL HALEY (police-constable N 237.) On the 28th of April, about half-past five o'clock in the morning, I was in William-street, Islington, and saw the prisoner coming out of an unfinished house—I followed him —he kept looking back—I went and asked whether he came out of an unfinished house—he said he did—I saw the handles of the brushes sticking out of his pocket—I asked how he came by them—he said he found them in the passage of an unfinished house.
JOHN HOOPER . I am a plumber. I locked these brushes in an unfinished house at four o'clock the previous afternoon—I afterwards found the padlock had been broken off, and some one had got in and taken them—these are my brushes—the prisoner had worked in a brickfield at the back of the premises as a brickmaker.
Prisoner's Defence. I came through this house every day from my work—I found these things in the passage, and picked them up, intending to give them to the prosecutor in the morning.
GUILTY . Aged 23.—Recommended to mercy.— Confined Three Months.
Before Mr. Justice Coltman.
1352. JAMES ROOSE was indicted for that he, being employed in the Post-office, did, on the 14th of April, steal a certain post letter, containing sovereign, the property of Her Majesty's Postmaster General : Also, for stealing, on the 13th of April, a certain other post letter, containing 1 sovereign, the property of Her Majesty's Postmaster General: Other COUNTS varying the manner of laying the charge; to both of which he pleaded
GUILTY . Aged 19.— Transported for Ten Years.
(William Bockenham, Superintending President in the General Post-office, and William Holgate, President in the Inland office, deposed to the prisoner's good character.)
1353. HENRY SMITH was indicted for feloniously breaking and entering the dwelling-house of Francis Frederick Clarke, on the 13th of January, at St. John, at Hackney, and stealing therein I shawl, value 4s.; I cloak, value 10s.; 1 pair of scissors, value 9d.; 1 spoon, value 9d.; 6 yards of calico, value 9d.; and 1/2 a yard of linen cloth, value 9d.; his property.
SARAH CLARKE . I am the wife of Francis Frederick Clarke, and live in Mare-street, Hackney. On the 13th of January, about a quarter to two o'clock, Mrs. Pike came and told me something—in consequence of
what she said, I examined my house, and mined the property stated, from the front room—I had seen it safe there at one o'clock—a person could have taken the things without coming into the room, by opening the window, and putting their hand in—the things were within reach—the house is in a kind of lane, and has a small garden before it—they must enter the garden gate before they come to the house—the door of the house was locked, and the key in it—I found it locked when I went to the door—I was in the back room—I had shut the window down at one o'clock, but not fastened it—I have never seen any of the property since.
Cross-examined by MR. PAYNE. Q. Do you mean to say you shut the window down before you went into the back room? A. I am positive I shut it down at one o'clock, because my husband came in to dinner at one—we dined in the back room—I had opened the window to clean it—it was only open while I was cleaning it—I then shut it down again quite close.
JESSE PIKE . I live in Sheep-lane, Hackney, about forty-eight yards from Clark's. On Wednesday, the 13th of January, about a quarter to two o'clock, I and my wife were standing at our door, and saw three men lurking about the garden in front of Clark's house, in a very suspicious manner—one of them, who was dressed in a light jacket, opened the garden-gate, went in, and walked towards the house—he stopped about as long as it would take a person to receive an answer, and returned again—I cannot see Clark's house from mine, only the garden—when the man returned to the gate, the other two joined him, and all went towards the house—they then returned again into the lane—they then went into Clark's garden again—I could see their backs when near the house, but no more—two of the three then left the garden together—the prisoner was one of those two—he was dressed in a dark rough Petersham coat—the one in the light brown jacket came out after the other two, in about half a mime—he had a bundle under his arm—he joined the other two in the lane—he handed the bundle to the man in a green coat, who took off his neckerchief and put it partly round the bundle, so as partly to conceal it—he then handed it to the prisoner, who put it under his arm and walked a little way with it—he then handed it to the man that brought it out of Clark's garden—they then walked down the lane, past the footway leading to my house, together—my wife then started to go to Mrs. Clark's, and inform her what we had seen—she called me, and I pursued the three men down the lane—as soon as the man who had the bundle under his arm saw the running, he ran away with the bundle—he turned into Waterlocterrace, and I lost sight of him—the other two walked on—I pursued them about three-quarters of a mile down Hackney-road, as far as Warnerplace—when I got to the top of Warner-place, they were about a dozen yards before me—they turned round and looked very hard at me, and made as if they would come into Hackney-road again—I directly said, "I shall not leave you two gentlemen till I see a policeman"—they said, "What for? I don't know what you mean"—I said, "I will explain my meaning directly I see a policeman"—they walked down Warner-place—I kept close to them, and they still said, "What do you mean?"—I said, "I will satisfy you in part, I have seen a person in your company with stolen property; he has made his escape; if you take my advice you will call that party to restore the property to the lawful owner, and you will get into no further trouble; but if you do not, you will"—with that they took to their
heels and ran away—I pursued them, but they escaped—I saw no more of the prisoner till the 7th of April, when I saw him in the Kingsland-road walking with another young man, between twelve and one o'clock in the day—I said nothing to him, but got a policeman and had him taken into custody—the prisoner was quite a stranger to me—I never saw him before the 13th of January—it was broad daylight when the robbery was committed, and I spoke to him face to face—I was with him some minutes in Warner-place, and I have a firm recollection in my own mind that he is the man.
Cross-examined. Q. Will you swear it positively? A. I will—I am sure he is the man.
ELIZABETH PIKE . I was with my husband on the 13th of January. I only saw the side face of the men—the dress and size of the prisoner is exactly that of one of the persons that passed me at the top of our footway—he had on the dress he has on now—when they saw me coming up the footway, they turned their heads away—the side of his face now corresponds with the side of the face I saw then—I call his coat a dark brown—one of the other men bad on a green coat, and the other a fustian jacket.
CHARLES PETERSON . I am a policeman. I took the prisoner into custody by Pike's desire—he asked what I took him for—I said, "Come to the station, and you will see"—he came with me, and was accused of the robbery—he said he knew nothing about it.
NOT GUILTY .
1354. THOMAS HATTERSBURY was indicted for feloniously breaking and entering the dwelling-house of Charles Spencer March Phillips, on the 7th of April, at Lincoln's Inn, and stealing therein 2 coats, value 30s.; 2 pairs of trowsers, value 30s.; 1 pencil-case, value 5s.; 1 spoon, value 5s.; and 1 pair of sugar tongs, value 10s.; his property:—alto for stealing, on the 3rd of April, 2 coats, value 12s.; the goods of Edmund Beales; to both of which be pleaded
GUILTY . Aged 16.— Transported for Ten Years.—Recommended to the Penitentiary.
(The prisoner received a good character.)
NOT GUILTY .
1356. PHILIP FAMA was indicted for that he, on the 14th of August, having in his possession a bill of exchange, for the payment of 29l. 15s.; afterwards on the same day, did feloniously forge an acceptance thereon, with intent to defraud Thomas Goldham.—2nd COUNT, for uttering the same with like intent.
MR. PHILLIPS conducted the Prosecution.
THOMAS GOLDHAM . I am in my seventy-third year. I am a weaver, and live in Princes-court, Tyson-street, Bethnal-green. I have known the prisoner since 1836—he owed me some money, which he had borrowed of me—on the 24th of August last, I think, he produced me a bill of exchange, and wanted to borrow 5l. on it—he told me it was as good as a bank-note, it would be paid when due, and it was payable at Jones and Son's, bankers, in Smithfield—he said he expected to receive 25l. on that bill on
the following Saturday, and he would pay that to me in liquidation of what he owed me, which was above 60l.—he said he would give me a picture of himself, which he had had painted at Paris, as a security, and he gave me a note to go that evening and receive the picture from his wife—he said he wanted the 5l. to go to Brighton—I went to his house that evening after the picture—I found him at home—I said, "What, are you here! I thought you were miles on the road to Brighton"—he said, "I am going by the night coach"—I bad got the bill—he gave it me when I advanced him the 5l.—I went to his house on the following Saturday, and saw him—he said, "What do you want?"—I said, "I thought you were to call on me at seven o'clock on Friday evening, and pay me the money you owed me, what you were to receive from Brighton; "for he had promised that—he said, "I have got the money, d—your eyes"—I said, "Give it to me"—he said, "I have got the cheque"—I said, "Show me the cheque?"—he said, "It is at the banker's, I shall have the money af ten o'clock on Monday morning, d—your eyes—I will bring it to you," bet he did not bring it to me—when the bill became due, I took it to the banker's—it was not paid.
COURT. Q. Was be to bring the money from Brighton? A. Yes—he said he was going to receive fourteen francs from a French agent—he had always represented himself to me as a French nobleman—he said when he came back he would pay me—on Wednesday morning, the 31st of March, about seven o'clock, I accompanied a policeman to the prisoner's house—I knocked at the door, and was answered by his son-in-law—the prisoner was denied to me—he came down afterwards in his night-dress, and I gave him in charge.
Cross-examined by MR. CLARKSON. Q. Are you a discounter of bills? A. No—I swear that—I do not say but what, in my trade, I have taken numbers of bills, and given the difference out of them, but I am not a discounter of bills—I never had dealings in trade with the prisoner, nor ever discounted bills for him—he has given me bills as security for money borrowed—I never gave him the amount of a bill—he came to my house, and sometimes he would get ten sovereigns at a time, and would bring me hills, and say, "When that bill is paid you, will give me the balance, you are as sure of it as a bank-note"—I stood that several times, but at last found I was tricked—I have never advanced him money on bills, and taken interest for it—I never took interest from him for a bill in my life—he never gave me any money—if his bills had been paid, any sort of remuneration would have been to his own honour, for I asked him for none—I lent him what I did out of kindness, but he never returned it—he has given me bills as security, and taken the benefit on them, and I never asked for it afterwards—he took the benefit of the Act in 1836—I was served with a notice—I have not got the notice—his first notice was bad—he was remanded, and the second brought him out—in his notice he gave an account of different places he had been at, but it was before that that he told me he was a French nobleman—there was nothing about it in his notice, that I recollect—he lived at No. 65, Mark-lane, when I first became acquainted with him—he lived at so many places afterwards, that I cannot remember—if you were to see the notice you would see how many—when I called on him the day after lending him We 5l., Lower Berner-Street, Commercial-road—that was in August, and when he was taken into custody on the
31st of March he lived in Berner-street—I got a picture from Berner's-street, but not the one he had told me of—it was the execution of Louis XVI., I think—I think it was on canvass—I never untied it since I brought it home—it has been in my parlour, tied up as it was—he was to have it again—I did not go and inquire about Isitt, the accepter of the bill, before I presented it—I went afterwards and found him, unknown—this is the bill—(produced)—I did not write a paper for the prisoner to sign, to become responsible for the debt for which he took the benefit—I do not know that I did—(William Alderman, policeman, here produced a paper found on the prisoner)—this is my writing, but be owes me this money since he took the benefit—this is a fresh claim—I swear that he owes me 73l. since he took the benefit of the Act, for money he has had of me at different times—here is the account—he owes me 64l. 17s.—(producing a paper)—these debts were incurred in 1840—6l. was the first money he got of me—the prisoner told me to write out a paper, and he would give me security for it, and he promised to witness it, but he never did—I cannot say when I wrote this paper—this is dated September 15th—the bill is drawn on the 20th of August, 1840, and is due at three months—I wrote this paper in September—I prepared it on the day it bears date, for what I know—it was prepared for money he bad had of me—he owed me money—I have had a gold watch from him, and he has had it back again—I have not got that one—there is a silver watch and guard, which I lent him 6l. on—he said, "Take it to anybody you know, and see if is not worth that money"—I took it to a watchmaker's on Cornhill—they said it was worth 7l.—I lent him 6l. on it—next day he asked me to go to Spinks, a pawnbroker, with him, and see a gold watch which was in pawn for 10l.—he said it was worth 30l. or 40l.—he asked me to take it out, and lend him 8l.—I would not—he said, "Go and take it out, have it examined, and see if it is worth more"—I took it out—Spinks said he would give me the 10l. back again if it was disapproved of—I went, and found it was worth 14l.—I said, "I have paid 10l., you may have 4l. more"—he wanted 5l.—I let him have 5l., which was 1l. more than I understood it was worth—a few days after that he had got two diamond rings, and one mourning ring, in pawn at Spinks's—I have got one of the gold watches at home now, which I paid 10l. for, in St. Martin's-lane, and that he has tried in all sorts of shapes in the world to get out of my hands, but I would not let him have it—that watch I gave him 15l. on—he came to me, and said he was much in want of money, and got me to go and pawn it again for 10l., and let him have the money—I lent him some money on a diamond pin—he asked me to give it him back, for some particular purpose, and I did, without taking a farthing for it—I have not got a gold guard-chain of his—I never had one—there was a silver watch and a gold guard-chain, but he had them back, without giving me a farthing—I was simple enough to think he would—he owed me between 70l. and 80l. when he took the benefit of the Act—it was at least that, and more than that, for what I know.
MR. PHILLIPS. Q. You are sure he told you that the bill in question would be paid when it became due? A. He did.
GEORGE ISITT . I am a baker, and live in Scarletwell-street, North-ampton. My name is in conspicuous letters over my door. I have lived in the town of Northampton about three years, and have known it all my life, by being backwards and forwards three or four times a week. There
is no other Isitt living in the town but myself—I have seen the prisoner either in Northampton or the neighbourhood, as a pedlar, or something of that kind—I travel about a good deal with my horse and cart—I have seen him so as to be able to recognize his person now—the acceptance to this bill is not my handwriting—I cannot say exactly how long it is since I last saw the prisoner, perhaps two or three year.
Cross-examined. Q. Did you ever speak to him? A. No—nor he to me—I have seen him in the street, passing, as a person selling jewellery.
WILLIAM WALKER . I am a clerk in the banking-house of Messrs. Jones and Son, of West Smithfield. No one of the name of Isitt has banked at our house for the last five or six year—I have been a clerk in the house between nine and ten years.
WILLIAM ALDERMAN (police-constable H 7) On the 31st of March I accompanied the prosecutor to the prisoner's house, in Lower Berner-street, Commercial-road—I told him he was charged with uttering forged bills of acceptance, with intent to cheat Mr. Thomas Goldham—he said he was not aware they were forged—I took him to the station, went back to his house, and got a number of bills of exchange there, a great many were marked "no effects" on them—I found two bills purporting to be drawn by Mr. Isitt, of Thrapston, Northamptonshire, and one accepted by him—I went down to Northampton, and made inquiries for Isitt—I found the witness Isitt, but was not able to find say other person of that name—a policemans named Cornish was with me—I did not make any inquiry at Thrapston—I inquired at Northampton for a man named Isitt, at Thrapston, but did not go to Tbrapston myself.
(The bill in question was here read, dated London, 20th August, 1840, for 29l. 15l., at three months, drawn by the prisoner on George Isitt, North-ampton; also three other bills for 96l. 17s. 6d., 198l. 15s., and 89l. 5d., found on the prisoner.)
MR. CLARKSON called
HENRY MICHAEL JACOBS . I am clerk to Mr. Spiller, an attorney in Retreat-place, Hackney. On the 4th of May, I served George Isitt with a subpœna at the Blue Anchor public-house, London-wall. I have seen him before—I knew him passing as Captain Isitt, about twelve months—I had occasion to call on him respecting a bill which came into the hands of Mr. Salomon, of Leadenhall-street—it was a bill accepted by this Capt. Isitt—he did not pay it.
MR. PHILLIPS. Q. Did you go down to Northampton? A. No—I did not make any inquiry there, nor at Jones and Co., to inquire if he banked there, because I saw on the deposition that the clerk swore they had no such customer—Captain Isitt is no acquaintance of mine—my first knowledge of him was twelve months ago—I do not think I said I had known him twelve months—the first time I saw him was at a tavern in Salisbury-square, Fleet-street—I went there respecting a bill which Mr. Salomons, of the East India Chambers, held—his name was to that bill—I presented it to him—it had been presented for payment—the name of G. Isitt was on it.
Q. Why not go down to Northampton when you found the prisoner in difficulties? A. Because he was in such distressing circumstances he could not provide the money, and I could not go at my own expense—the next time I saw Captain Isitt was on the 4th of this month—I bad not seen him in the interval—that was at the Blue Anchor public-house—I was
directed there to subpœna him by a person named Cheltenham—it is a place which some of the prosecutor's and Isitt's friends frequented—Isitt is about sixty years of age, about five feet six or seven inches in height, and has a very respectable appearance—I gave him the subpœna and the shilling—I believe Mr. Cheltenham was present when I did it—I do not know whether Cheltenham is here—I have not subpœnaed him—it was after I had read the depositions that I subpœnaed Isitt—I knew then that this was said to be a fictitious acceptance—I do not know Mr. Cheltenham, I do not know any of them personally, except the prisoner—I was desired to ask for Mr. Cheltenham, at the Blue Anchor—nobody else was present when I subpœnaed Isitt.
MR. CLARKSON. Q. Was it the same person as you saw twelve months ago? A. Yes—I have not got the bill—I was clerk to Mr. Downes twelve months ago—it was no part of my duty to keep the bill.
ALPHONSE HERTOP . I am a Frenchman—I live at No. 31, Lower Berner-street, Commercial-road—my mother was married to the prisoner—she if dead—I know a person calling himself Captain Isitt—I have seen him at the prisoner's house; the first time I saw him there was about two year ago—I do not know what he dealt in—I saw him selling cigars at different periods, not to the prisoner—I have seen the prisoner sell him cigars—I have seen the prisoner take acceptances of his, bills of exchange.
MR. PHILLIPS. Q. Cigars, is that what the prisoner used to sell to him? A. That is what I saw—the prisoner sells cigars—that has been his business as long as I have known him—he does not go about the country—I have never known him do so—he has no shop in London—I cannot tell to what amount the prisoner has sold Isitt cigars—I did not take notice—I cannot recollect what quantity of cigars I have seen him sell at a time—I have seen him sell cigars to Isitt several times—I cannot say how many times—the last time was last summer—they were in boxes—I have seen several boxes on the table, but cannot say how many were sold—I cannot say what amount of bills I have seen Isitt give the prisoner—I cannot say whether there were dealings to the amount of 180l. in one bill at a time—Isitt is rather a stoutish man—he looks elderly and wrinkled in the face, and generally wears a large brimmed hat—he always had a hat of that description on when I saw him—he is between fifty and sixty years of age—I do not know where he lives—I know he used to come to the prisoner—the prisoner is a Polish gentleman—I never knew where Isitt lived—I never knew where the prisoner sent the cigars he sold him.
MR. CLARKSON. Q. You are a teacher of languages? A. Yes—I had nothing to do with their dealings, except just seeing him at the prisoner's house.
COURT. Q. Did you live in the house with your mother and the prisoner? A. Yes, my mother died about three years ago—I have lived in the house up to this time.
JOSEPH LEZARD . I am a commission agent, and live in Great Prescott-street, Goodman's Fields. I have several times seen a person passing by the name of Captain Isitt—the first time was about eight or nine months ago—I met the prisoner at the Auction Mart, and he called him Captain Isitt several times in my presence—I think it was in August—the prisoner had a bill of exchange in his hand, which he desired me to read to him—I was aware that the prisoner could not read at all—I read the bill—I think I should know it if I saw it—(looking at the bill)—this is the very same bill
—I have seen him several times since that, hot not to speak to him—he was no acquaintance of mine—the prisoner was.
MR. PHILLIPS. Q. Where did the prisoner live? A. No. 31, Lower Berner-street, Commercial-road—he is a general dealer, I believe—he deals in cigars and other goods—I very seldom visited at his house—I visited him as a friend—he had no shop—he kept the cigars in his own house—I have seen goods in his house—I did not inquire about them—Captain Isitt is rather a mildding aged man, about fifty-five, and stoutish—I have been in Court while Hertop was examined—I do not think the prisoner can read English, French, or German—if he can read Hebrew I do not know it—I never saw him write—the name "P. Fama" on this bill, is good writing—I do not know where Captain Isitt lived.
MR. CLARKSON. Q. Look at the back of the bill, do you see some very bad writing there? A. Yes, I can hardly make it out.
AUGUSTUS MANUEL GOUGENHRIM . I occasionally act as interpreter for this Court, and am a translator of foreign languages. I have known the prisoner upwards of fifteen years—I am here quite by accident—I never heard any thing against him—I particularly noticed him as being a good husband and a kind father.
MR. PHILLIPS. Q. How many residences did he lire in in fifteen years? A. I never visited him, and do not know his address—he used to come to me, being an interpreter of languages, when he had commercial transactions—I knew him living at the Cross Keys, Fenchurch-street, four-teen years ago—he had property there to the amount of about 2000l.—I know he is not able to read—when I knew him first be could not sign his name—I have seen him attempt to sign his name—So the best of my knowledge, I believe the endorsement to this bill is his writing—the difference between that and the signature of the drawer, is as material as between night and day—he is not able to write so well as the signature of the drawer.
Prisoner. If my case is adjourned till next sessions, I can prove who Mr. Isitt is, by the person who introduced me to him—I gave him credit for 29l.—when the policeman came to inquire for me, I heard his voice and came down—Isitt gave me this bill as a collateral security—I cannot write—I declare myself innocent—those old bills do not belong to me, but to Mr. Salomon, who was in Whitecross-Street.
GUILTY on the Second Count. Aged 56.— Confined Two Years.
First Jury, before Mr. Recorder.
1357. JAMES WELSH was indicted for feloniously forging and uttering, on the 13th of February, an order for the payment of 25l., with intent to defraud Charles Stennet.—2nd COUNT, stating his intent to be to defraud John Dixon and others:—Also for forging and uttering, on the 22nd of February, an order for the payment of 25l., with intent to defraud Richard Tewksbury Chamer.—3rd COUNT, stating his intent to be to defraud John Dixon and others; to both which he pleaded
GUILTY .— Confined Two Years.
1358. JOHN HAZARD was indicted for stealing, on the 9th of March, 12 forks, 10 tea spoons, and other articles of plate, value 20l., the goods of George Henry Watson, his master, in his dwelling-house.
GEORGE HENRY WATSON . I am a surgeon, and live in Aldersgate-street, in the parish of St. Botolph—the prisoner was my servant. On the 9th of March, he left without notice—search was made for my plate, which
had been given to him to clean—he had asked for it to clean—the articles stated in the indictment were missing, worth together 20l. or 25l.
TIMOTHY MIRAN . I am assistant to the prosecutor. On the 9th of March I recollect the prisoner leaving the shop, about five o'clock—he had a parcel in his hand—he said he was going to his tea—as he did not return in about two hours, search was made for the plate, and information given to the police—on the 28th of April, I saw him on board a Gravesend steamer at London-bridge Wharf—I tapped him on the shoulder—he turned pale and pretended not to know me—I gave him in charge.
FREDERICK JOHN BROWN . I am clerk to a ship-broker, and live in Bartholomew-close. I knew the prisoner by sight, in Mr. Watson's ser-vice—I was at the London-bridge wharf on business, and saw him on board a Gravesend steamer—I gave information—he was taken into custody.
GEORGE HENRY WATSON re-examined. Mrs. Watson delivered the plate to the prisoner to clean—she is not here—I only know he applied to her for it, from her telling me—there is nobody here who saw it in his possession after he left the premises—there is no witness who knows the prisoner had the plate at all.
NOT GUILTY .
GEORGE DUNN . I am in the employ of John Falshaw Pawson, and John Stone. On the morning of the 8th of May, I was on my way down stairs to the counting-house, and noticed the door at the back of the ware-house thrust open a little way, an arm pushed in, and a dozen of hose taken off a stack, and one dozen fell down—I pushed the door open, and saw the prisoner in the passage—he dropped the hose, and ran off—I ran, and stopped him—I am sure he is the person.
Prisoner's Defence. I did not steal them.
GUILTY .† Aged 15.— Confined Six Months.
EDWARD DOUDNEY . I am a tailor, and live in John-street, Pentonville. I carry on business in Lombard-street—the prisoner was in my service about five months—I employed her on Monday to clean out the ware-house in Lombard-street—she was about to leave my service on the 21st of April, when my wife charged her with stealing a piece of kerseymere—I had her called up, and asked what she had to say to it—she said she had nothing to say—I got a policeman, and then she acknowledged taking the kerseymere from a back shelf in the shop, and the drill off a roll—it is worth 4s. altogether.
The prisoner came to me on the 24th of March, saying she came from Mr. Doudney, and requested me to come next morning to measure her for some cloth boots—she was to find her own cloth—next morning I measured her, hut she brought the cloth with her that night, and left it—it was about half a yard—I returned her half of it, which was not used—she also furnished me with drill for lining them.
GUILTY . Aged 18.—Recommended to mercy.— Confined One Month.
JANE ELIZABETH GREEN . I am a widow, and live with my mother in Vauxhall-square, Lambeth. On Tuesday, the 80th of March, I received six sovereigns from Mr. Carter, of Leadenhall-street, which were due to my husband—I had a glass of spirits, and being a stranger in London, I missed my way—I met the prisoner in Holborn, and asked her to show me the way to Blackfriars-bridge—she said she would—I thought it very kind, and asked her if she would take something—she said she would—she had a glass of gin—seeing me with money, I suppose she was induced, instead of taking me over Blackfriars-bridge, to take me to a house in St. Giles's—I did not know the name of the place till next day—she insisted on my going to bed—I was afraid to say I would go out, never being in such a place before—I was frightened—I put my pocket under my head, with the rest of my clothes—the prisoner turned her back, and I counted my money—I had my six sovereigns all right then—the prisoner slept in the same bed, and she was the only person in the room—next morning when I awoke, the prisoner was gone—I called "Ann"—she had told me her name was Ann—another woman came into the room—the said she would go and fetch her, which she did, and when she came into the room, she had my bonnet and cloak on—I took my stays from under the cloak, and the lace was gone—we were in the first floor room—I asked them to show me the way home—they insisted that I should not go till I had taken a glass of rum—they gave me something which had the appearance of rum—the moment I drank it I fell asleep—my boots were taken off my feet —when I awoke, I found an old pair on my feet—a woman was in the room—I asked her for the prisoner—she said she would take me to her—I went up stairs, but she was no where to be found—I then bribed a girl to go to my mother, and she returned with a friend, and a pair of boots—I then went to the station, and gave information—I missed my money when I awoke in the morning—I got my bonnet and cloak back again from the prisoner—it was after that that I fell asleep, and had my boots taken.
Prisoner. I met her in Tottenham-court-road; she asked me the way to London-bridge; I said she was coming from it; she was very much in liquor; it rained very hard; I told her to take a cab; she asked if I would take a glass of any thing to drink; it was one o'clock in the morning; the gin-shops were shut up; we went to Crown-street, Soho, and got a quartern of rum; she then asked me to take her home, which I did, and in the morning she said she had lost 62.; she went into two or three different apartments in the house; her stays were found in one, and
her boots in the other; I had a trifle of money; next morning I had something to drink; I went into Mr. O'Brien's and changed a sovereign; she then said it was her money; the bonnet and cloak she lent me. Wit-ness. I did not; I was not aware she had them till she came into the room with them on; I have a friend in Court whose house I left at a little after ten o'clock; Is was told to go up Newgate-street, and take a turning to lead me to Blackfriars-bridge, but I missed the turning, and then inquired of the prisoner.
ROBERT ADAMS . I am a policeman. I apprehended the prisoner, on the 31st of March, at No. 3, Buckeridge-street, St. Giles—she was lying on the bed, drunk—I found a pair of boots in the adjoining room on the left, and the stays were given me on the first floor.
NICHOLAS O'BRIEN . I keep the Harp public-house, in George-street, St. Giles. On Wednesday, the 31st of March, the prisoner came to my house and called for half-a-pint of gin, to be put into a bottle to take with her—I changed a sovereign for her—she gave the money back to me to keep for her—she treated half a dozen people at the front of the bar—she came again in half an hour for another half-pint of gin, and changed another sovereign—she treated the people again, and left the remainder of the change with me—in the course of the day she came again and asked for some of the change—I gave her some, but not all, as she was tipsy—she came three or four times in the course of the day, and at last reduced it to 15s.
JANE KILRONAN . I lodge at No. 3, Buckeridge-street, in the lower apartment. I remember the prisoner and prosecutrix coming there—the prisoner had lodged there about three weeks—between eight and nine o'clock in the morning the prisoner and prosecutrix came down stairs together—the prisoner asked me to have something to drink—I said I did not mind—they both came into my room—the prosecutrix asked me to allow her to leave her stays on my table, as there was no lace to put in them, she could not put them on—the prisoner gave me 1s. to fetch a quartern of gin and a pint of ale, which we three drank—the prosecutrix fell asleep with her arm on my table—I could not rouse her up—I sell things in the street, and had to go out—I came back between four and five o'clock, and they were then gone—I gave the stays to the policeman—there are twelve rooms in the house, four on a landing.
Prisoner. Q. Was the prosecutrix in liquor, or not? A. She was indeed.
Prisoner's Defence. We were drinking together all day; I was not the only one in her company; there was not one in the house but was in her company as well as me; I had that money over-night; I lost my own bonnet and shawl while I was asleep.
GUILTY . Aged 30.— Confined One Year.
ANN MUIRHEAD . I am in the employ of Mr. William Mitchelhill, of Great Tichfield-street. On the 25th of March I saw his time-piece safe in the front-parlour at two o'clock, and missed it at half-past five.
Cross-examined by MR. DOANE. Q. Are there any lodgers in the house? A. Yes, three—Mr. Mitchelhill is a tailor—business prevents his being here—I have lived with him three years.
I have a time-piece, pawned on the afternoon of the 25th of March by the prisoner for 6s.—I forget in what name, having lost the duplicate—I am certain he is the man.
JOHN EATON . I am a policeman. I apprehended the prisoner on the 21st of April, in company with another person, in a very bad house in Falcon-court, Soho—I found nine keys on the other person, which I applied to the prosecutor's street-door, and two of them would open it.
Cross-examined. Q. Do you know a man named Smith? A. Yes, a good many, but not in relation to this charge—no man named Smith gave me any information about this—the prisoner told the Magistrate that Smith had led him into it—that Smith I know has been under charge two or three times.
GUILTY .* Aged 19.— Transported for Seven Years.
1363. ELIZABETH PRICE, alias Smith , and MARY ANN MILES , were indicted for stealing, on the 16th of March, 5 yards of wonted cloth, value 8s., the goods of Thomas Naylor; and that Price had been before convicted of felony.
JAMES SPRAGG . I am apprentice to Thomas Naylor, a linen-draper, in High-street, Marylebone. Between ten and eleven o'clock in the morning of the 16th of March, the prisoners came into the shop—Price asked to look at some ribbons—she bought a yard of pink satin at 4 1/2 d., and gave me 6d.—I gave her change—they went away together, and I then missed this printed wonted cloth, which I had seen safe on the side-counter half a minute before they came in.
ELIZABETH SMITH . I live in Duke-street, lesson-grove. The prisoner Price is my daughter—her real name is Smith—she is no relation to Miles—on the 16th of March I was at my door, and the prisoners came up the street together—my daughter had a small parcel in paper in her hand— she said, "Mother, will you go and pawn this gown-piece for me?"—I said, "Can't you go yourself?"—she said, "They will lend you more on it, being used to the shop, than they will me"—Miles was standing close by—I asked my daughter how they got it—she said, "It is ours, we have just bought it, but don't want to make it up"—they went with me to the door of the shop—I pawned it for 5s., gave my daughter the money, and they went away—I went to the same pawnbroker's a few days after, and in consequence of what he said I went and found the prisoners, and told them a person had been inquiring about the gown-piece—they said they had bought it, and if any more was said about it, to send for them—they said they had bought it in High-street, but did not say at what shop—my daughter said to Miles, "We bought it, did not we, Mary Ann?"—Miles said, "Yes"—I asked what they gave for it—I think they said 11s. or 11s. 6d.
THOMAS HARRISON (police-sergeant D 14.) On the 21st of April I went to the House of Correction, and apprehended Price, who was about to be discharged there—I told her I took her for this—she said she knew nothing about it—on the way to the station she asked me if her mother was in trouble, I said I did not know—she said she hoped she was not—I
I took her to the station and fetched the lad, who identified her—I told her another female had been taken into custody—she said she knew nothing at all about it, and asked if she was in custody then—I said, "No"—next day Miles came to Marylebone office, and I took her—she said she knew nothing about the cloth till she met the prisoner Smith in Duke-street, and they went with the mother to pawn it—the mother lives nearly a mile from High-street.
Price's Defence. We both came out of the shop together, and met a woman, who touched Miles on the shoulder, and asked if she would buy a dress for 9s.—she gave her 7s. 6d., and she thought she would pawn it for a little money.
Miles's Defence. A woman came and tapped me on the shoulder, and wanted me to buy the dress—I asked her what it was—she showed it to me—she wanted more money than she could pawn it for, he was going into the country—I had but 7s. 6d., which I gave her for it.
PRICE— GUILTY . Aged 31.— Confined Six Months.
MILES— NOT GUILTY .
NEW COURT.—Thursday, May 13th, 1841.
GUILTY . Aged 35.— Confined Six Months.
GUILTY . Aged 17.— Confined Three Months.
1366. JAMES HOPLEY was indicted for stealing, on the 1st of May, 2 coats, value 1l. 15s.; 1 pair of trowsers, value 15s.; 1 waistcoat, value 1s.; 6d.; 1 shirt, value 3s.; 1 cravat, value 2s.; 1 handkerchief, value 1s.; 1 purse, value 1s.; and 15 sovereigns; the property of Frederick John Trick; to which he pleaded
GUILTY . Aged 25.— Confined One Year.
1367. CHARLES REES was indicted for stealing, on the 19th of December, 22 spoons, value 13l. 16s.; 2 forks, value 28s.; and two saddles, value 2l.; the goods of Lucy Lord, his mistress; to which he pleaded
GUILTY . Aged 42.— Confined One Year.
GUILTY . Aged 23.— Confined Eight Pays.
—a passenger got out at York-square, Commercial-road, and myself, my father, and the prisoner were left in the omnibus—I was at the head of the omnibus, and reclining, as if I was asleep—my father was on the opposite side, close to the door—the whole length of the omnibus was between us—the prisoner was on the same side with myself near the door—Is when the passenger got out, the prisoner moved along to sit close to me, he immediately put his hand on the bottom of my left-hand trowsers' pocket, moved it across nearly to the bottom of my right pocket, and kept moving it along my waistcoat for a few minutes, then left the pocket, and continued feeling at the top of my trowsers—I perceived his intention, and had my arms folded across my watch—I lifted the watch from the pocket by ray guard, and he took it—I took out my knife and cut the guard, and left the watch in his hand—he moved to the door, and told the conductor to stop—I seized him, and called to my father, "He has robbed me"—two officers came up, and I said, "It is in his right-hand pocket"—I felt, it was not there—I found it on the seat, near to his side, where he had put it.
Cross-examined by MR. PHILLIPS. Q. Did you not give him an opportunity of taking it by cutting the guard? A. Yes, I did.
COURT. Q. Did you consent to let him have it? A. Yes—it was with my full consent he took it.
NOT GUILTY .
EDWIN PAMPHILON . I am a cheesemonger, living in the Strand. The prisoner was my shopman—on Saturday afternoon, the 10th of April, I missed a lump of butter of two pounds, and one of one pound—about three o'clock my brother called my attention to the prisoner's coat, which was hanging up in the warehouse—I saw one pound of butter and two rashers of bacon in the pocket—we left them there—I believe them to be mine—the shutter was wrapped up in such paper as mine.
Cross-examined by MR. PHILLIPS. Q. What is the value of the whole lot? A. 1s. 9d.—I cannot tell who put it into the coat pocket—I had a boy in my employ.
FREDERICK PAMPHILON . I am the prosecutor's brother, and live in James-street, Co vent-garden. About three o'clock, on the 10th of April, he called my attention to a lump of fresh butter, and one pound of butter—I said I bad not sold it—the prisoner was then gone to dinner—some time after I was feeling for a saw on the peg where the prisoner's coat hung, in the warehouse, and I accidentally put my hand against the pocket in which the butter and bacon were—every body in the house has access to the warehouse—I charged the prisoner with stealing it—he had not moved the coat.
Cross-examined. Q. Had he leave to take things on his own account, provided he booked them? A. He never ought to take any thing out of the shop without its being booked.
NOT GUILTY .
ELIZABETH SANDERSON . I am servant to Joseph Albert, a butcher, in, Arawell-street. About nine o'clock, on the 15th of April, I was coming home, and saw Robertson walking to and fro near the shop—I watched him, saw him make two or three attempts, and at last take a piece of beef off the block—I called out, "That won't do, stealing the meat there," and he directly ran, and chucked the meat over the wall—I ran, and saw Glanville—he said, "That man has not taken any thing, I was close behind him"—I afterwards picked up the beef from our own yard—I took the prisoners back—I never lost sight of either of them.
WILLIAM STORER . I heard the cry of "Stop thief," and saw Robertson throw something over the wall—Glanville was standing very near the door—as soon as I hallooed, "Stop thief," Robertson stopped, and wanted to know what was the matter—I said he had stolen some beef, believed—he said no, he had not, and Glanville came up and said he had not.
Glanville. I met this young man; I had lodged with him; I asked where he was going; he said, "Up here;" I said I would go with him; I heard a cry of "Stop thief;" I went up to the square, and said I did not see him do any thing.
Robertson. If I am guilty, he is not.
ROBERTSON— GUILTY . Aged 19.— Confined Two Months.
GLANVILLE— NOT GUILTY .
ISAAC BARNES . I live in Goswell-terrace, Clerkenwell. The prisoner took a lodging with me for about three weeks—he came home on the 26th of March—I had this coat behind the door in the bed-room—I left it safe before I went out in the morning to work, and when I came home it was gone—I asked the prisoner what he had done with it—he said he had got intoxicated, and left it in the Borough—I said if he was a young man of any principle be would give me the direction where he left it, and I would go after it—he put me off from time to time, saying he would get it.
Prisoner's Defence. When I took the coat, he said if it was returned on the Saturday it would do, and he only waited till the Friday.
GUILTY . Aged 32.— Confined Six Months.
CHARLES SPRENGELL GREAVES . I was walking on the left side of Lincoln's Inn-fields, at half-past four o'clock, on the 23rd of April—I had a short time before put my pocket-handkerchief into my right-hand pocket behind, and when I got about twenty yards from the turning to Little Queen-street I felt a touch, and my pocket felt lighter—about the same time a boy, about the size of the prisoner, passed on my right, and another boy passed on my left—shortly after the witness pointed out the prisoner, who had taken my handkerchief—I went and took him by the shoulder, and said, "Where is my handkerchief?"—he said, "That other boy has
got it"—I sent the witness after him, and I kept the prisoner—he said several times, if I would let him go, he would get the handkerchief—he then pat his hand into his bosom, and pulled out the handkerchief now produced, which is mine—I took him to the policeman—he said he had eight or nine brothers, if I would let him go he would never do to again.
WILLIAM ADMUN . I was walking on the north side of Lincoln's Inn-fields, about a quarter before four o'clock that day—I saw the prisoner take the handkerchief from the prosecutor's pocket, and I gave information.
Prisoner's Defence. I saw a young man walking behind the gentleman; I he took the handkerchief and chucked it on the railings—I stood about two I minutes—I saw no one, and took it—the gentleman came and said, had I I got his handkerchief?—I said yes, I saw a young man take it.
GUILTY .* Aged 17.— Transported for Ten Years.
EDWARD THOMAS EDGINTON . I keep a shop in High-street, Penton-ville—the prisoner was my errand-boy—I sent him to Mrs. Clark with a cap—he was to receive 10s. 6d.—if he received it, he did not pay it me—he did not return that night, as he should have done—it was his duty to pay me if he received it.
GUILTY . Aged 14.— Confined Two Months.
1375. MARY CURRY was indicted for stealing, on the 8th of April, 5 shifts, value 10s.; 6 shirts, value 1l.; 3 night-gowns, value 4s.; 1 tablecloth, value 4s.; 1 tea-tray, value 4s.; 2 handkerchiefs, value 2s.; 2 nightcaps, value 1s.; and 2 pairs of drawers, value 6d.; the goods of John Dunage.
HARMENIA DUNAGE . I am the wife of John Dunage, a shoemaker, in Grafton-street. On the 8th of April I had the things safe now produced—I missed them about seven o'clock in the evening—they are mine—the value of the whole is 8l.—they have all the marks picked out, but so badly, that I could distinguish them on some things, on the other things I could not.
ELIZABETH MOULDER . I am the wife of William Moulder, of Duke-street, Portland-place. On the 8th of April the prisoner came to my place, and a person with her—she had these five shifts, and other clothes—I bought them—I do not keep a shop—I have seen the prisoner many times before—I gave 1l. 16s. for them.
Cross-examined by MR. HORRY. Q. There was a man came with her? A. Yes—I had never seen him before to my knowledge—he bad never been to my house before—I suppose the prisoner spoke first—I could not swear which—she was carrying the bundles—they were together all the time—the man did not talk about selling these things—I do not recollect whether he interfered about the price—I did not ask either of them where the things came from.
(—Lyon, Union-street, Middlesex Hospital; Mary Conly, Grey-street, Rathbone-place;—Terry, Newton-street, New-road; Michael Dignum, general dealer, Pelham-street: and John Delany, a porter, gave the pri-soner a good character.
GUILTY .† Aged 46,— Transported for Seven Years.
1376. THOMAS FLYNN was indicted for stealing, on the 7th of April, 1 yard of matting, value 2d., and 37lbs. weight of soap, value 15s.; the goods of Thomas Stevens, his master; and BENJAMIN BARNES , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.; to which
FLYNN pleaded GUILTY . Aged 40.—Recommended to mercy.—
Confined Four Months.
MR. BALLANTINE conducted the Prosecution.
THOMAS STEVENS . I am a soap-manufacturer—my factory is in Dock-street, Rosemary-lane—Flynn was one of my labourers—about five oil six o'clock on the evening of the 7th of April, one of my men came and told me something—I went round another way to meet Flynn, but did not see him—I then ran through a back alley into Barnes's, who has a shop in Glasshouse-street—he appears to sell very little—I ran into the shop—there was no one there—I went into the back room, which is a bed-room—I saw Flynn, Barnes, and Mrs. Barnes, all together—thirty-seven lbs. of soap, worth 15s., was by the side of the bed, covered over—Flynn tried to scramble under the bed, out of sight—Mrs. Barnes attempted to go out at a back-door—Barnes asked me to forgive him, that he had never brought it there before—I understood him to mean Flynn—he asked me to let Flynn carry it out of my back-door, and carry it back to the factory again—I got a policeman, and gave them into custody.
Cross-examined by MR. DOANE. Q. You had not been out long? A. No, a very short time—I got my information from one Gollick—this soap was covered with a mat, and when I got to the back-room door, my feet kicked against it, and I saw the soap.
MR. BALLANTINE. Q. Had it been opened? A. There is no doubt it had.
RICHARD NORRIS . I am melter to Mr. Stevens—the prisoner was in his service—I was coming down stairs on this evening—while I was down I saw some soap chucked out of a window—Flynn went out after it—he picked up the soap, and made his way out of the gate—I sent our other man to tell my master.
Cross-examined. Q. Was it covered up with a mat? A. Yes, in this mat.
JOSIAH CHAPLIN (police-constable H 124.) At half-past six o'clock, on the 7th of April, I was called in to Barnes's house—Stevens gave Flynn into custody—I took him, with the soap which was on the floor—the matting was with it—it was lying open then—I told Barnes it looked very strange that this man should walk into his bed-room with the soap—Barnes said he knew nothing about it, he was out at the time.
GEORGE REED . I worked for Mr. Stevens, and live in Dock-street—I saw Flynn take out some soap in a rosin-mat—I could tell it was soap, as one of the ends was open—the mat did not appear to be fastened by any cording—there were two transactions—on the 7th of April I saw Flynn come down with the soap, and go to Barnes's house, about half-past six o'clock—this is the matting he took this last time—I was about twelve yards from Barnes's house—I did not see Barnes go in or out after I saw the soap carried in—if he had gone in, I must have seen him.
Cross-examined. Q. Do you know Barnes's shop? A. Yes—he has a back door and a yard.
(Robert Walker, of Richard-street, Commercial-road; and Joseph Hobbs, Union-terrace, Commercial-road; gave Barnes a good character.)
BARNES— GUILTY . Aged 38.— Transported for Seven Years.
1377. STEPHEN MANSER and WILLIAM HOWE were indicted for stealing, on the 21st of April, 100lbs. weight of lead, value 10s., the goods of our Sovereign Lady the Queen:—4 other COUNTS, stating it to belong to different persons.
MR. BODKIN conducted the Prosecution.
JAMES BESWICK . I am foreman to Messrs. Good and Swanston, plumbers, who were under contract to supply some lead for some additional rooms in the Post-office—shortly before the 28th of April, there were two rolls of lead delivered there—they were lying under the window of the Secretary's office—I saw them sale last about five o'clock in the evening of Wednesday, the 28th—I went there the next morning at half-past six—some lead bad then been taken off, and a little before half-past seven, the whole of it was gone—there were 324lbs. weight of it—Mr. Swanston's name is Thomas—he has a partner.
Cross-examined by MR. DOANE. Q. There were two rolls of lead? A. Yes—one cast, and one wrought—when I went in the morning, one roll was perfect, and the other had had partly cut, and carried away.
WILLIAM MATTHEWS . I live in Aldersgate-street. On Wednesday evening, the 28th of April, I saw two rolls of lead under the Secretary's window—I saw the prisoners go to the lead—Howe took a rule out of his pocket, measured it, and marked it with a knife, they then cut it off, rolled it up into two pieces, and each took a piece and went off towards Goldsmiths'-hall—I am certain they are the men—I saw them the next day about ten o'clock, at the back of the Post-office—Howe had on a blue coat in the morning, but on the Wednesday evening, when he took the lead, he had on a cord jacket—I gave a description of the persons I saw there.
Cross-examined. Q, You saw this on the Wednesday evening? A. Yes, about ten minutes or a quarter past seven o'clock—my father is in the Post-office, and I had been there to tea—I had been employed in the Twopenny-post, and know Mr. Tyrrell—I am quite sure I saw the prisoners cutting the lead, and carrying it away—I had no suspicion of them, as they did not seem to hurry themselves—I am quite sure I did not tell the officer the next morning—I was examined before the Magistrate.
MR. BODKIN. Q. Did you see Tyrrell on the following morning? A. I saw him against the General-post office door, about half-past nine o'clock—he asked me if I had seen any body take any lead—I told him I saw two men take some on the Wednesday evening.
ALFRED COE . I was at the Post-office that Wednesday evening, and I saw some lead under the window—I saw the two prisoners there—Howe opened the lead, measured it with his rule, and marked it with his knife—they then kneeled on the lead, and cut off two pieces—each of them took one, and went towards Goldsmiths'-hall—I saw them again the next morning, about ten o'clock, coming up by the Post-office—I said to Matthews, "These are the two men, if you will keep your eye on them, I will tell Mr. Tyrrell."
Cross-examined. Q. There was nothing suspicious in what you wit-nessed, was there? A. I said to Matthews, "I wonder what they are
going to do with that lead?"—it seemed rather an extraordinary thing, because they leave work at half-past five—I did not go and tell Mr. Tyrrell—I took no more notice of it—I noticed the prisoners—I did not speak to them, nor they to me—I merely spoke to Matthews, and he said they were going to the back of the building—Howe had a blue coat on the next morning, and on the evening he had a jacket on—I was there about five minutes in the evening—I have no doubt the prisoners are the men.
ALEXANDER GRANT . I am in the employ of the Post-office. I was on duty there on the Wednesday evening—I saw the two men with the lead unrolled, but being in a hurry, I did not take notice of them, only that they were different in height—the prisoners are the men.
Cross-examined. Q. How soon did you tell any of the authorities about this? A. I did not tell any one, till I heard of it next morning—I saw Mr. Fortune, and then I stated what I had seen—there is a difference in the height of the prisoners.
ROBERT TYRRELL . I am the officer of the Post-office. On the Thursday morning I heard the lead was stolen—I made inquiries, and looked about, and about ten o'clock that morning the two prisoners were shown to me by Matthews and Coe within the railings—I took them, and found on Howe this knife, this cord, and on Manser, this rule and knife —Howe had been drinking more than Manser, so much so, that it was not prudent to take them before the Magistrate—Manser had on a cord jacket—I went to Howe's lodging, and found this cord jacket there.
MANSER— GUILTY . Aged 47.
HOWE— GUILTY . Aged 33.
Confined Nine Months.
(There was another indictment against the prisoners.)
1378. WILLIAM PEARCE was indicted for stealing, on the 28th of March, 5 20l., 810l., and 4 5l. notes, the property of Sarah Hayward; and ELIZABETH DUNHILL , for feloniously receiving 1 20l. bank-note, part of the same, well knowing it to have been stolen; against the Statute, &c.; to which
PEARCE pleaded GUILTY .—Recommended to mercy.— Confined One Year.
MR. CLARKSON offered no evidence against
DUNHILL— NOT GUILTY .
MARY RISEY . I am in the service of Elizabeth Archer, who keeps a chandler's-shop, in Sutley-street, City-road—this is her image—I saw it safe at the door, before six o'clock in the evening of the 8th of April—we did not miss it till the policeman told us of it.
Prisoner's Defence. I was going along the City-road, and a man asked me to carry it.
(The prisoner received a good character, and his master engaged to employ him.)
GUILTY . Aged 17.— Confined Fourteen Days, the last Seven in Solitude.
HANNAH SHELLY . I was looking out of window, at the Duke of York public-house in Marylebone, on the 27th of April, and I saw the necklace drop from the neck of Elizabeth Pebardy—the prisoner took it up, and put it into his pocket.
Prisoner. Q. Where was I? A. I saw you cross the street, I knew you—I have seen you in the kitchen, at my master's, and in the cellar—I told Mr. Pebardy of it in about an hour afterwards.
THOMAS PEBARDY . I am the father of this child. I went to the prisoner about half-past twelve o'clock—I asked him if he had picked up such a thing as a necklace—he said he had not done so; if he had he should have been glad enough to have given it me.
Prisoner. I said I knew nothing of it—I was ashamed to say that I bad pledged it, being amongst neighbours.
(The prisoner received a good character.)
GUILTY . Aged 44.—Recommended to mercy— Confined One Month.
ANN PURDEN . I am the wife of Thomas Purden, we live in Somers-town. About half-past five o'clock, on the evening of the 26th of April, the prisoner came and told me about a lodger who; had gone away in debt—she sat down, and I gave her some tea—after she was gone I missed the shawl now produced, which is mine—I did not lend it to her.
Prisoner I borrowed it of her and pledged it, intending to redeem it.
GUILTY . Aged 46.— Confined Two Months.
CATHARINE OAKFORD . On the night of the 20th of April I was out and got drunk, and sat down in a court to sleep—I bad a Tuscan bonnet on and a scarf when I was sober, and when I fell asleep I lost them—I had been drinking all the afternoon—about one o'clock in the night a man awoke me—he took me to a public-house, and gave me a pint of beer—I then saw the prisoner pass a lamp-post, with my scarf and bonnet on—I ran and gave her into custody—she said she had bought them two or three days before.
Cross-examined by MR. PRENDERGAST. Q. You cannot say whether they were taken from you, or you lost them? A. No, I cannot tell at all—these things might have fallen from me.
thief," and took the prisoner—she had this bonnet and scarf—she said she had purchased them a few days previous, and after that, she said she found them.
Cross-examined. Q. From the state in which the prosecutrix was, was it unlikely she might hate lost these things? A. No.
NOT GUILTY .
JAMES MIDDLETON . I keep the Sir John Barleycorn beer-shop, in Brick-lane, Spitalfields. On the 20th of April, about half-past eight o'clock, I saw a person removing clothes off the line—I went into the yard, and found the prisoner in the privy—I said, "What are you doing there?"—he said, "Nothing"—I said, "You have taken some clothes off the line"—he said, "I have not"—I said, "What have you got in your hand?"—he said, "Nothing"—I found this shirt in his hand—he then ran—I ran, and took him in the passage.
Prisoner. Yes, I took them.
GUILTY . Aged 20.—Recommended to mercy.— Confined Two Months.
1384. SARAH DUPROSS was indicted for stealing, on the 13th of March, 3 brushes, value 5s.; 1 shawl, value 2s.; 1 flat-iron, value 6d.; 2 table-cloths, value 3s., 1 apron, value 4d.; 2 pillows, value 6s.; 2 sheets, value 2s. 6d.; 1 glass bottle, value 6d.; 2 shells, value 1s. 6d.; 2 cups, value 6d.; 1 pewter pot, value 2s. 6d.; and 1 pillow-case, value 6d.; the goods of Edward Jones; and that she had been before convicted of felony.
HANNAH JONES . I am the wife of Edward Jones—we lived in Mount Etna-place, Mile End-road. The prisoner occupied a furnished room at my house—I missed these articles now produced—this pot has my husband's initials on it.
EDWARD EDWARDS . I am a pawnbroker. I produce all the articles mentioned, with the exception of the flat-iron—two of these articles I took in myself, of the prisoner, and I was present when she pawned the others.
GUILTY . Aged 35.— Transported for Seven Years.
(There was another indictment against the prisoner.)
JOHN EDWARD CLINE . I live with my uncle. On the 27th of April a knock came to the door—I went, and the prisoner was there—he gave me a note, which I took to my uncle—when I returned the prisoner and the coat were gone—the note was fictitious.
GUILTY . Aged 23.— Transported for Seven Years.
ELIZA JONES . I am in the service of Mr. Laurie—he livesin Wilmington-square. On the 23rd of April I heard a knock at the door—the prisoner came with a note, and asked me to take it to my master—I went up and took it, and when I came down the prisoner was gone, also a coat and cloak.
Prisoner. It was dark when she came up, and she had no candle in her hand.
GUILTY .— Transported for Seven Years more.
(There was another indictment against the prisoner, and six or seven other charges were made before the Magistrate.)
HENRY MATTHEW WEBSTER . I live in Am well-street, Pentoaville. On the 27th of April I left my jacket in the prisoner's yard, in River-street—I afterwards heard at my lodging that the jacket was missing—I went to the station—the prisoner was there, with it—I said it was mine—the prisoner did not make any answer.
MARY ANN RYDRR . I am the wife of William Ryder. On the 27th of April I saw the prisoner hook the jacket down with a stick—I went down stairs and stopped him—my husband fetched the policeman—this is the jacket.
Prisoner. She said I hooked it down with a stick, and then she said I went on a hill. Witness. He hooked it down, and had it in a bag on his person.
GUILTY . Aged 29.— Confined Three Months.
GUILTY . Aged 35.— Confined Two Months.
EDWARD MAGUIRE . I am shopman to William Broom, who lives, in Oxford-street. On the 24th of April I saw the prisoner come into the shop, and take this bag, which was hanging at the door for sale—I ran after him, and took him, with it in his hand.
GUILTY . Aged 14.— Confined Two Months; the last Week Solitary.
GUILTY .— Transported for Seven Years.
ELIJAH MOORE . On the 20th of April I was going down Ratcliff-high-way, and felt a pull at my pocket, where I had my handkerchief safe three or four minutes before—I found it was gone—I turned, and saw the prisoner go right from me across the road, poking something into his bosom—I stepped after him before he was across the road, called, "Stop thief," and he threw it down.
Cross-examined by MR. PHILLIPS. Q. Have you ever said you were so flurried that you did not know what you were about? A. I am not aware that I did.
WILLIAM GODWIN (police-constable K 82.) I heard the cry of "Stop thief," and saw the prisoner running, and the prosecutor after him—I saw the handkerchief picked up in the direction the prisoner ran—I charged the prisoner with it—he said nothing.
(The prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy.— Confined Three Months.
WILLIAM PEACHEY . I am shopman to Thomas Austin, a cheese-monger, in Leather-lane. About ten o'clock on Saturday night, the 17th of April, I saw the prisoner in front of the shop—I watched her and saw her drop a piece of pork—she went into the shop—I gave my master the wink—he thought he saw another piece between her and the greens which she had got—he told me, when she left, to go after her—I went, and took it from between her and the greens.
Cross-examined by MR. DOANE. Q. Had you seen it shortly before? A. Yes—I put it in the window myself—when I took bold of her arm she let it go down lower, and said, "Don't take liberties with me."
GUILTY . Aged 26.— Confined One Month.
Fifth Jury, before Mr. Sergeant Arabin.
1393. JOHN HARMAN was indicted for stealing, on the 28th of March, 4 3/4 yards of cotton cloth called satteen, value 4s. 6d.; and 2 yards of cotton web, value 1s. 6d.; the goods of Samuel Ruddick, his master.
MR. DOANE conducted the Prosecution.
SARAH RUDDICK . I am the wife of Samuel Ruddick, a brace and belt manufacturer, in Anchor-street, Shoreditch; the prisoner was his foreman. On Sunday, the 28th of March, my husband was out of town—a communication was made to me—I went for a policeman, and I and Roots went to the prisoner's residence, in Woodbine-cottage, Bethnal-green—I saw the prisoner and his wife and family—the policeman showed me three yards of drab satteen jean, which I knew to be part of a roll belonging to my husband—it was soiled at one end, and was worth 3s. 6d.—there was a piece of white satteen—the prisoner's wife told me she bought the drab satteen at Wilson's, in Crown-street—I also found some cotton belt-web—believe it to be ours—we have a great deal of it.
Cross-examined by MR. HUDDLESTONE. Q. There is no mark on this webbing? A. No—this satteen is used for stays—I will swear to it, it is
stained all through—I only employ the prisoner and his daughter in the brace business in-doors, but five or six out of doors—we generally have 1000 yards of this stuff—we cut it off if it is stained, and sell it afterwards, or take it for our own use—the people we employ out of our shop never make up the stays—Mrs. Higgs has been to our shop.
MR. DOANE. Q. Do you know this white satteen? A. Yes—it was I cut off for the same reason.
SAMUEL RUDDICK . I am a manufacturer of these articles—this drab piece of satteen has two or three stains in the centre of it—I remember cutting it off in September—this white satteen has some marks on it—we cut it off because it would have condemned the whole piece—we have a quantity of this web corresponding in every respect—the prisoner had no right whatever to take these articles to his house.
Cross-examined. Q. Did you give him the materials to work upon at home? A. He works upon them at my house—hit family work on them at his house—they work at the web-belt.
MR. DOANE. Q. Would this piece of belt be in a fit state to send out? A. Not unless we had a gentleman whom it would have fitted.
MARY ANN HIGGS . I am the wife of Mr. Higgs. In December last I lived in the house where the prisoner lodged—I remember his coming home before Christmas—he brought home this drab satteen jean in his Macintosh pocket—he said it was lying in the warehouse, soiled—two or three months ago he brought this white jean home in his hat, and told his wife it would make a pair of stays—he also brought home this belt—he said it was to make the little girl a pair of stays.
Cross-examined. Q. What are you? A. My husband is a bricklayer—I have merely worked for the prisoner—I am not in the habit of working at stays—the prisoner and I lived in the house together—I was not there the Sunday he was taken up—my husband had a quarrel with him on the Tuesday before he was taken—I do not know that I said any thing—I was not very well satisfied with the prisoner—I called him no ill names—he came home intoxicated on the Tuesday, and abused my husband—I do not know what I said to him—I did not threaten him with any thing—I know Payne's wife—she was not present on the Tuesday till there were shrieks of murder—my husband and the prisoner got fighting, and I shrieked, "Murder"—he was getting the better of my husband—when Mrs. Payne was there I did not say to the prisoner, "I will do for you, if I forswear myself"—on my oath, I never said any thing of the kind—I did not tell Mrs. Payne why I called "murder"—I have had no conversation with her about this since—I have seen her since, but not spoken to her—I did not say I knew I swore false, and would do it again—I never said I had got him under my thumb, and would do for him—I have never worked on my own account.
MARTIN ROOTS (police-constable H 170.) I went on Sunday, the 28th of March, to the prisoner's house—I told him I came to take him for robbing his employer—he said, "Very well"—I searched the room, and found this jean, and this piece of belt-web—Mrs. Ruddick came in, and said that was her husband's—I asked where they got the drab-jean—the wife said, "We have had it a long time—we bought it in Sun-street."
(David Stroud, of Tottenham-court-road;—Thompson, hosier, of
Holborn;—Broonnead, the wife of a chair-maker; and—Higgs, gave the prisoner a good character.)
GUILTY . Aged 30.
MR. DOANE conducted the Prosecution.
DAVID STROUD . I am a hosier, and live in Tottenham-court-road. About the 16th of January I bought of the prisoner a dozen pairs of brace-swivels—I paid him for the brass ends, and a dozen garters, 14s. together—on the 26th of March 1 bought a dozen garters of him, and paid him 6s. 6s. for them—I am quite certain of that.
Cross-examined by MR. HUDDLESTONE. Q. Have you been in the habit of dealing with him? A. Yes, about eighteen months or two years.
SAMUEL RUDDICK . I live in Anchor-street, Shoreditch. The prisoner was in my employ for twelve months—I paid him a guinea a week—it was part of his duty to take out manufactured goods, and receive the money on my account—he ought to account to me every night—on the 16th of January he accounted for eleven pairs of buckled garters, but not for 7s.—on the 26th, 5s. was paid—in March he brought me no money, but 7s.—from Mr. Gatwood—he did not account to me for 5s. from Mr. Norman.
Cross-examined. Q. Was he a daily labourer? A. He was paid a guinea a-week whenever he was there a whole week—I gave him no commission on the things which were sold—it was very seldom he had directions—he was to sell for ready money—he had no book, for he could not write—the prisoner had never sold articles of his own, to my knowledge.
GUILTY .— Transported for Seven Years.
(There was another indictment against the prisoner.)
OLIVIA BEALE . I am the wife of William Beale, of Bear-street, Edge-ware-road. On the 28th of January, the prisoner was at work for me—she made two bonnets—after she was gone, I missed a shawl from a drawer in my room—this is my shawl.
JOHN ROBERT COLLEY . I am a cab-driver. The prisoner was living with me four or five weeks—I gave her in charge for robbing me of some money—she kept her money in her breast—I forced my hand down, and found the duplicate of this shawl, and some other of my property—she must have brought it there.
Cross-examined by MR. HORRY. Q. You lived with her some time? A. Yes, I was supporting her entirely—she robbed me of a pair of trowsers and an umbrella—the duplicates were found in her bosom, and I called the officer and gave her in charge—I swear she was not out at night while she was with me—I did not know that she had this duplicate.
GUILTY . Aged 22.— Confined Three Months.
(There was another indictment against the prisoner.)
JURY. Did you know the prisoner? A. No.
Prisoner. I meant to have got them back.
ALEXANDER JOCK re-examined. The prisoner used to manage my house-hold affairs in the absence of my wife, who has the care of chambers in Furnival's Inn—whatever money the prisoner wanted she got from me.
GUILTY . Aged 20.—Recommended to mercy.— Confined Three Months.
JAMES TUCKER . I am in the service of Richard Francis Webb, a ship-chandler, in King-street, Tower-hill. On the morning of the 14th of April, I was putting away the shutters—the prisoner came into the shop and took a pistol off the counter—he put it into the breast of his coat, and ran down King-street—I pursued him into a water-closet at the corner of White Horse-court, Rosemary-lane—we brought him out—he said, "Don't say anything"—I have never seen the pistol since—I had not known him before—I charged him with stealing the pistol—he said he had nothing about him—I only lost sight of him while I was getting out of the shop.
JOSEPH POTTER . On that Wednesday morning, I heard footsteps in the passage at the corner of White Horse-court—I went to the water-closet and saw the prisoner—I told him to come out—he told me to hold my row.
GUILTY . Aged 19.— Transported for Fourteen Years.
(There was another indictment against the prisoner.)
1398. ELLEN GLANVILLE was indicted for stealing, on the 17th of April, 1 purse, value 1d.; 2 half-sovereigns, 4 shillings, and 3 sixpences; the property of Sarah Mealey.—2nd COUNT, stating them to be the property of a person unknown.
SARAH MEALEY . I am a basket-woman. On the 17th of April I was standing at Angel-court, Strand—a young man owed me 8d.—he came and gave me a shilling, and wanted a fourpenny-piece, which I gave him—I took my purse out of my bosom—it contained two half-sovereigns, four shillings, and three sixpences—I took the fourpenny-piece out of the purse, and then put the purse, with the money in it, into my basket—I never saw it from that time—I missed it directly—I did not see the prisoner take it,
but I had nobody near me only her—the prisoner ran off—I told the policeman—no person but her could have taken it.
THOMAS WOLFE (police-constable F 36.) The prisoner's mother gave her in charge for stealing a purse and money of some woman—I took the prisoner to the station, and on the way she said there was not so much money in the purse, there were two half-sovereigns and one half-crown, and that she picked it up under a corner of the basket—she told me she had spent all the money, and what things she had bought with it.
Prisoner. Two lads came and bought some oranges—I picked up the purse under the corner of the basket—there was only two half-sovereigns, and one half-crown in it.
GUILTY . Aged 16.— Confined Six Months.
HENRY COLLINS . I am a salesman. On the 27th of April, the prisoners came to my shop in company, about half-past five o'clock in the evening—they asked for a pair of shoes—they staid about ten minutes—they then went out together—the officer came in about half an hour, and brought these trowsers—I knew them to be mine, and they were in the shop when the prisoners came in.
Cross-examined by MR. PAYNE. Q. Are you sure the prisoners are the persons? A. Yes, I cannot say I had seen them before—I know these trowsers by the pattern and the mark on them, "No. 11"—they were made at the warehouse.
GEORGE TEAKLE . I am a police-sergeant. I was on duty, and saw the two prisoners together—I saw something pass from Sidnal to Smith—I could not see what it was—I stopped Smith—I pulled aside a cloak she had on, and found this pair of trowsers—she said she had fetched them from pawn—I asked her where, and she said she did not know—Sidnal tried to get away—I got assistance and took her—Sidnal said she knew nothing about them.
SIDNAL— GUILTY . Aged 50.
SMITH— GUILTY . Aged 66.
Confined Six Months.
OLD COURT.—Friday, May 14th, 1841.
Third Jury, before Mr. Sergeant Arabin.
1400. GEORGE THOMPSON was indicted for feloniously and knowingly uttering, on the 17th of April, a certain forged warrant for the delivery of 1 milk-pot, 5 tea-spoons, and 2 table-spoons, with intent to defraud George Orpwood :—Also, for feloniously and knowingly uttering, on the 9th of January, a forged warrant for the delivery of 1 sugar-basin, 1 pair of tongs, 8 spoons, and 1 tea-pot, with intent to defraud George Harvey :—Also, for obtaining money by false pretences; to all of which he pleaded
GUILTY . Aged 41.— Transported for Seven Years.
GUILTY . Aged 40.— Confined Twelve Months.
GUILTY . Aged 17.— Confined Three Months.
THOMAS pleaded GUILTY . Aged 15.—Recommended to mercy.— Confined Six Days, and Whipped.
SOUTHEY pleaded GUILTY . Aged 12.—Recommended to mercy.— Confined Six Days.
GUILTY . Aged 35.— Confined Six Months.
1405. SAMUEL GOSTICK was indicted for stealing, on the 6th of May, 1lb. weight of beef, value 6d.; and 1/2 lb. weight of sausages, value 3d.; the goods of Robert Gunston, his master; to which he pleaded
GUILTY .— Confined Three Months.
WILLIAM HILDRETH . I am shopman to Henry Blackmore, a hosier and glover. On the 21st of April I was serving in the shop—the prisoner came to the doorway, took the blouse off a rail, and went off—I overtook him three doors off, with it—he asked what I took him for—this is it.
(The prisoner put in a written defence, pleading poverty, and stating that he had applied to the police to learn where he could get shelter for the night.)
GUILTY . Aged 40.—Recommended to mercy.— Confined Six Days.
MARY HUNTER . I am the wife of William Hunter, of Upper Cleve-land-street, Fitzroy. The prisoner is my son—I have a second husband—the prisoner lived with us—on the 21st of April I locked him up in a room—I had a bag, containing this money, in that room, locked up in a box—I went out from two o'clock till five—when I came back he had taken the cap off the door, and got out—I had unfortunately left the key in the box in the morning, and I found the bag and money gone—this is the bag—it now has 16s. 6d. in it—I described the prisoner to We constable.
ALEXANDER KERR BEECH . I am constable at the Queen's Theatre, in Tottenham-street. On the 21st of April I saw the prisoner sitting in a front seat of the gallery of the theatre—I asked him what his name was—he said, "Taylor"—I asked what trade his father was—he said, "A carpenter"—I had received information of this, and asked if he had any money—he said, "Sixpence"—I found 18d. in his waistcoat pocket, and 15s. in this bag, in his jacket pocket.
GUILTY .† Aged 14.— Transported for Seven Years.—Convict Ship.
GUILTY . Aged 22.— Confined Six Months.
Before Mr. Justice Coltman.
1409. SARAH WILLIAMS and ELIZABETH DAVIS were indicted for stealing, on the 27th of April, at St. George, Hanover-square, 83 yards of lace, value 8l., the goods of Joseph Hard wick and another, in their dwelling-house.
JOSEPH HODGSON CUMPSTON . I live with Mr. Hardwick, in New Bonds street—he is in partnership with his son. On the 27th of April, between two and three o'clock in the afternoon, the prisoners came into the shop, and Williams asked for some mouslin-de-laine—I showed her some—they purchased two yards and a half, which came to 6s. 3d.—Williams then asked to look at some lace, and had two yards cut off, at 2s. a yard—I observed her laying some whole pieces of lace towards Davis—they sat close together—Williams then asked the price of another piece of lace, holding it up away from Davis—when I looked back again I missed some lace off the counter, as she had drawn my attention in the direction she was holding the other piece, and when I looked again I missed some lace off the counter—I could not tell whether it was one or more pieces—she laid the lace aside two or three times, and it was taken off—after doing this once or twice, she made another purchase of two yards more, at 2s. 6d.—she did it again a third time, in the same manner, handing pieces of lace towards Davis, and then drawing my attention to another piece, by asking me the price again—they sat facing each other—Williams had her back to the window, and Davis her face to the window—she held it up towards (he window—I then cleared the counter of all the remainder of the lace, and requested them to walk with me into the counting-house—Davis asked what I wanted in the counting-house—I told her I should let her know when we got there—they got up from their seats, and Davis dropped a quantity of lace on the floor—I heard it drop, but did not see it—it was not on a card, it was in parcels—I came round the counter, and saw it on the floor—I walked with them to the counting-house—I called Simmons, a policeman, leaving them in charge of Mr. Hardwick—Simmons took them into custody, but before he left the counting-house, he pointed out two pieces of lace under the desk there—I took it up, and gave it to Simmons—we do not keep lace in the counting-house, and it was all squeezed into a heap, not as it is kept—the cut lengths are kept on cards, and the whole pieces as we have them in, not wrapped round any thing at all—one of the young men picked up the pieces of lace in front of the counter, gave them to me, and I put them in paper—I saw him take them off the ground before I went into the counting-house—he said he gave me the same pieces—he is not here.
Cross-examined by MR. PHILLIPS. Q. Have you always given the same account of this? A. Yes, to the best of my recollection—I have said that Davis let the pieces fall from under her shawl—she put her hand under her shawl, and let something drop—I did not see them drop—it was in different pieces—I will swear I heard them drop—the floor of the shop is carpeted with a good thick Brussel carpet—when I accused her, she asked what I wanted—she said nothing else that I am aware of—she had a shawl on—I believe she said, "I beg your pardon, I was not aware my shawl had swept these things down"—they did not fall at the time she got up—I did
not mention that, because I did not think it had any thing to do with it—I did not forget it (I did not think it necessary to state it) if you had asked me the question, 1 should have told you—I should not have said it if you had not asked me, because I did not think it had any thing to do with it—(it was after she said, "What do you want?" that the lace fell)—it might be important in your view of the case, but not in mine—I did not keep it back in order that they might be convicted—there were perhaps three or four shopmen in the shop—we have five shopmen—none of them are here.
Cross-examined by MR. CLARKSON. Q. Who paid for the things Williams purchased? A. Nobody—we did not give her time—I believe this is the first time I have said any thing about the removal of things towards Davis, and Williams engaging my attention on three several occasions—I never mentioned about the window before, as I was not asked.
COURT. Q. You say the things did not fall at the time; they got up? A. Not till they got up—they got up because I wished them to go into the counting-house—after they got up, Davis asked me what I wanted—I told them I should let them know when I got them into the counting-house—I then saw her put her hand under her shawl, and heard something drop—that was about a minute after they got up—then she begged pardon for her shawl having swept the things on the floor.
MR. PHILLIPS. Q. Did you ever say one word before today, that the woman put her hand under her shawl? A. I do not remember whether I did or not.
JAMES SIMMONS . I am a policeman. I was called to Mr. Hardwick's shop between three and four o'clock in the afternoon—I went into the counting-house, and saw the prisoners standing there, and Mr. Hardwick with them—he said he would give them into custody for stealing lace—I took them in charge with six pieces of lace, and these two pieces were lying in the counting-house, behind the prisoners, who stood with their backs against a small writing-desk—the two pieces kid under it, about two feet from them—I pointed them out to Gumps ton, who took them up, and gave them to me—I searched them at the station, but found nothing on them—I did not discover any place under Davis's shawl where any thing could be concealed.
Cross-examined by MR. PHILLIPS. Q. Had you not taken the prisoners from the counting-house, half-way to the shop, when Cumpston called you back? A. No—I saw the lace myself—he ordered me to stop, called me and gave me the lace which he had picked up—I believe I bad got half-way down the shop then—I saw him take them from under the desk in the counting-house.
Cross-examined by MR. CLARKSON. Q. How much money did you find on Williams? A. Three sovereigns, a half-sovereign, 4s. 4d. in silver, and 1 1/4 d.—I have returned it to her by order of the Magistrate.
(Williams received a good character.)
WILLIAMS— GUILTY . Aged 24.
DAVIS— GUILTY . Aged 22
Of Stealing under the value of 5l.
Confined Twelve Months.
1410. GEORGE HOCKEY was indicted for stealing, on the 7th of April, 5 geldings, price 50l.; 2 chariots, value 40l.; 1 cabriolet, value 12l.; and 3 sets of harness, value 4l.; the goods of William Barnes.
MR. PHILLIPS conducted the Prosecution.
WILLIAM BARNES . I am a cab proprietor, and live in Hunter-street, Brunswick-square. I know the prisoner—I let him some horses and cabs—I cannot specify the day he first began to have them, but the last was on the last quarter-day—he had them about six weeks in all, before he took them away—we entered into a verbal agreement—when he came to me first he wanted four horses and two cabs—I said I would let him them for 4l. a week—that was agreed to—he was to pay a week in advance—he was not able to do it—he only paid 10s.—I then said as he could not raise the money, he might have them by paying every morning a day in advance, which would be 11s. 5 1/2 d. a day; if he did not pay that, the bar—gain was to be at an end—he paid me that money every morning for six weeks, till the 7th of April, when he made off with the property—I never sold these things to him—I never signed a receipt for 78l., selling them to him—I went to Mr. Robinson's Repository on the 7th of April, and there found my three cabs, four horses, and two sets of harness—I had only let him two cabs, but there was another on the premises, which he took away at the same time—I did not allow him to take it away—he told me he had let it to a gentleman at 16s.;. a week, and he had planned for the gentleman to have it that morning, but I found it at the Repository—he also took away another horse besides the four, under pretence of putting it to grass, because he had hurt his knee—I have never found that horse since.
Cross—examined by MR. CLARKSON. Q. How long have you had the name of Barnes? A. Since I came to London—I formerly kept the Golden Lion public—house at Ipswich for twelve months—my name there was Creesey—it was kept by a widow, whom I married—she was 1000l. in debt when I married her, which I had to pay as far as I could, and when I came to London I took my mother's name that they might not know where I was—the widow had kept the house seven years, and the debts were contracted before I married her—I paid 600l. or 700l.—I was in a respectable farm under the Sheriff of Ipswich before that—the Sheriff was my landlord—I paid him what was due to him—when I left the farm he was in my debt 13s. for insurance, which I forgot to take off my last rent—I owed him nothing—I was a free man then—I married the widow, thinking to get something, instead of having anything to pay—I came away from Ipswich in a hurry on the 18th of October, and left the widow—she is not with me now—I have tied up so much a year to her for life—the house went for half, and after she was acquitted from all the debts, I left that to her—I have not got rid of all the debts yet—I was sued at Ipswich several times, and had executions against me—I took to the cab line when I came to London about a fortnight before the 11th of October—I went to live at No. 711 Seymour—place, when I first came to London—from there I went to Homer—street for about ten weeks—I then went to No. 20, Oxford—street, for a month or six weeks—I then found a stable more convenient for my horses in Henrietta—street, Brunswick—square, where I am now —I moved from the other places, because the stables did not suit me, as I first had two horses and then four—I had no stable in Seymour—place, in Homer—street, or in Oxford—street—while I lived at those places, I had a stable by the side of the Edge ware—road—I have now moved, horses and all—I had other horses and cabs besides those I let the prisoner, which went in the
same rank—another horse and cab was let in the same way to a man named Ball—I lived on the profits—I am not in debt now, only for the widow—I have not cleared off all her debts yet—I bare been in trouble several times since I have been in London—I have been threatened to be arrested, and have had declarations and copies of writs after my goods as well as my person—I did not put away these things on that ground.
Q. On your oath, had you not executions against your goods before I you made this arrangement? A. I never saw it till the prisoner told me so—I never parted with my goods—there was no execution till eight or ten weeks after I came to London, and that was a false one—I was told by the prisoner, when my horses stood in Edgeware-road, that there was a countryman backwards and forwards at the stable—I had told him the situation I was placed in, and he told me this to frighten me—I was going into the country, I was afraid somebody would be there after me, and I said to the woman up stairs, "I am going into the country, these things are Hockey's," merely that nobody might interfere with them while I was gone—I have never told anybody else so—I swear that, and I only said so, that the things might be safe till I came back—(looking at a paper)—I cannot tell whose handwriting this is—it Is something like mine, but I would not swear it was my writing—I shall not say anything about it—I write different to that often—I always write one hand—I am not confident about this being my handwriting—it is something like it—(looking at another paper)—this is not my handwriting—I swear that—I would not swear to the other one, there is a difference in the hand—they are not like each other—I always spell William with two 1's—it is impossible for me to say whether I sometimes sign with one 1—I do not know the Prince Regent public-house, in Seymour-place—I know different houses there, but not their names—I was not in Seymour-place with the prisoner on the 18th of March last—I was elsewhere—wherever I was in the habit of settling any business, and wherever he paid me, he always called for pen and ink, and took a receipt for what he paid me—I might have been in a public-house in Seymour-place with the prisoner when pen and ink was called for—he has called for it in twenty different houses in London, but on the 18th I was engaged buying a horse of a man in the street—the prisoner took a stable for these horses and cabs, by the side of the Edgeware-road—it was the stable I had—he moved from there to one in Sloane-street, of his own hire—the prisoner took away the other horse and cab a fortnight before he took them all away—he had given me leave to put it in his yard, and said he would let it for me—he told me so at different times—I do not know when the first time was—I should think about three weeks after we had made the agreement—he kept telling me every morning that he would let it—I went to Robinson's Repository on the 7th of April, the things were to be sold on the 8th—I authorized a friend of mine to buy them in if they were sold very cheap—I paid a deposit of 10l., and have left the remainder of them there ever since—I brought an action against Mr. Robinson before I paid the 10l.—I gave him notice first that the property was stolen, and was mine—I went before the Lord Mayor, and told him there was an order not to sell the property—he said he would sell it, which he did—he was nearly giving it away, and I said to a friend of mine named Austin, "You may as well buy it in"—Austin paid the 10l. after I brought the action—I paid the 10l. by my attorney's advice—he said the property might be bought in as well
by me as anybody else, it would not make any difference in the action—I don't know whether I was ever in any public-house at the corner of Regent-street—I don't know whether any money passed between me and the prisoner—(looking at the second paper produced, called a receipt.)
Q. Will you swear you did not see that paper in a public-house in Regent-street? A. There is no mark on this paper—I cannot swear to it—it was a Mrs. Pearson I told about the horses and cabs being the prisoner's—that was very near six weeks before the 7th of April, I should say—he had but just taken the stable then—it was soon after the agreement was made—I thought it would perhaps make the things safe while I was gone, as he said there was a countryman after me every morning—I told Mrs. Pearson I was going down into the country, by the mail, that night—I asked Mr. Desborough, at Robinson's, if I paid the money would they let me have the things, but I did not offer it (Mr. Robinson had advanced 40l. on them when the prisoner took them there) Desborough did not tell me I could—he said nothing to it—he did not say, I might see have them for that sum provided the prisoner consented—he said, "They must be put to the hammer"—I went to the Repository again and again, at different times, after my property, to see what was done with it—an appointment was made for me to come at a certain time, that I might see the prisoner, and I went with a policeman—there was not more than one appointment made—I went to a public-house opposite, and watched at the window for him, and told the policeman to watch for him—I did not tell the policeman I lived in the Edgeware-road—I told him I lived at No. 20, Molyneaux-street, Oxford-street, which is close by the Edgeware-road, not fifty rods from it.
Q. Did you not, in the presence of Desborough, sign your name twice over, for the purpose of enabling him to say whether the receipt was genuine or not? A. signed a paper, but I do not know whether that is it or not—I signed a paper, to show my hand-writing—this has no mark on it to prove it is the same.
MR. PHILLIPS. Q. Did you ever give that receipt to the prisoner? A. I did not, that I swear—the property the prisoner had, altogether cost me 130l.—that is what they cost me, the three cabs, five horses, and three I sets of harness.
JOHN RICHARDS . I am a coach-spring maker, and keep a shop in Brown-street, Edgeware-road. I know the prisoner and prosecutor perfectly well—there was a bit of a quarrel between them—the evening before the prisoner took the things away I heard him say he would take every thing away, and leave the prosecutor the naked stables to look at next morning—he did not pay Barnes any money that night—Barnes owed me a little money, and he said he would pay me as soon as the prisoner paid him.
Cross-examined. Q. Were you before the Magistrate? A. Yes, but was not examined—I was subpœnaed here by Barnes—he paid me the money he owed me, on the 5th or 6th of April—I think the quarrel was some time in March, but I cannot say what month it was in.
HENRY AGATE . I am clerk to Mr. Robinson, who keeps a Repository in Little Britain. I know the prisoner—on the 7th of April he brought some cabs and horses, which he said he wanted to sell on the following day, which was our auction day—he wished to have 40l. on account —I asked whose they were—he said they were his property—Barnes afterwards came and claimed the property—when the prisoner came again
I told him Barnes had claimed the property—he said that was all nonsense he had got his receipt for them, and he produced this paper—(read)—"18 March, 1841. Received of George Hockey the sum of 78l. for five brown geldings, and three street cabs, with two sets of single harness. Signed, William Barnes."
Cross-examined. Q. Had you known the prisoner before? A. Yes; he has been in the habit of buying and selling horses there—he came in his own name, and signed the entry in our book in his own name—Barnes afterwards bought the horses and cabs, and paid 10l. deposit on them—he has never since cleared them—he has taken away part of them—he paid 20l. more the next day—he has left one of the cabs—we were compelled to sell two of the horses by auction—he took away two horses and two cabs, and asked us to retain the other till he could get money—he wanted us to take some corn of him, and pay for the horses out of it—the remainder, which he did not clear, was sold on the Thursday follwing—I did not see Barnes sign this paper, but I have seen him write his name, and believe this paper to be his writing—the prisoner left the receipt with me—I believe Barnes did not come to meet the prisoner by appointment—he pretended coming several times, saying he would give him in charge, but never did so; and Mr. Robinson said, "We will make an appointment ourselves; he is coming on such a day, you come"—he did come, and he was taken that very day—that was the only appointment I know of.
COURT. Q. Look at that receipt, and say, do you believe that to be Barnes's signature at the bottom of it? A. Certainly I do—I have seen him write his name before the Alderman, but on no other occasion.
MR. PHILLIPS. Q. Was that the name he put to his deposition? No—I asked the Alderman if he would allow him to write his name, to compare with the receipt, and that writing was left with the clerk, I believe.
THOMAS AUSTIN . I am a carriage-broker, at the corner of Homer-street, New-road—I know the prosecutor and prisoner well. On the 15th of February the prisoner called at my sale-yard—he asked me if I was agent to a person named Barnes, who had cabs to let on hire—I told him I was—he asked me the conditions—I told him 2l. a week each cab, including a set of harness and the duty—he paid me 10s. deposit—he was to go out with the cab on the following Monday, but could not find the money—he has said so much about Barnes, that it would take me two hours to tell all he said—he came one morning in February, and asked what I considered the worth of the whole of the countryman's property—Barnes went by the name of the countryman—I told him I could not give him an answer to it directly—nothing more passed at that time—he repeatedly called on me, and once he said he had stent that "the countryman" was in difficulties—that led to conversation, and he said, "I think, myself, the man is an insolvent, and that you will very soon see the Sheriff have the whole of his property"—some days after, he came and said, "I have got the right side of "the countryman" now, and he has made the whole of his property over to me"—I asked him why—he said he was in difficulties; that when he came down to the stable he blowed him up for not grooming the horses in the usual way, and he (the prisoner) said, "Oh,
some one else will have you before long"—and then he said, "Next day I gammoned him that they were Sheriffs' officers that were after him"—I said, "Were they?"—he said, "No, but I gammoned him that, to keep him from the stable"—he said he had told him so to intimidate him—he called on me on another day, very much excited, and spoke very ill and disrespectfully of "the countryman"—he said he did not care, he would serve him out before long, that he had already planned it, that he should have two or three respectable witnesses present at the stables in Burwood-mews, and he afterwards told me that they were all ready—he told me he bad previously seen "the countryman," and told him there was a Sheriff's officer after him, and if he was not taken, his property would be, and be had planned for them to be present, to hear him admit that it was his property, and not the countryman's—I do not remember any thing else that he said that day—there were many other times—once he came to the yard, looked at a whip, and asked the price—I said 2s.—he said, "Will you credit me?"—I said, "No"—he then said he bad paid "the countryman" within 11d., or something very short of the money, and that was all the money he had—some time after I was with Barnes in Chapel-street—we caught sight of the prisoner—as soon as he saw us he ran away as hard as he could—that was the day the horses were sold.
Cross-examined. Q. Are you an acquaintance of Barnes's? A. No further than his being a customer of mine—I was not examined before the Magistrate, but I know a great deal more of it.
THOMAS GREENWOOD . I keep an eating-house and coffee-shop in the Edgeware-road. I know Barnes—I have seen him come to my house to take refreshment—the prisoner lodged at my house—I seldom saw him have any money while at my house—I have heard him say Barnes was a very goodsort of a fellow, and he was going to do business with him—he said he was going to work these things for Barnes—one day at dinner, he and a person he was intimate with, were in conversation together—the prisoner said Barnes had accused him of taking some oats, or something from the stables, and he would make the old b—remember it, for he would put him in the hole for 40l. or 50l.
Cross-examined. Q. How long have you kept the coffee-shop? A. Ever since Christmas—I was at Brighton before that, working on the railway, for about seven months—I was a journeyman bricklayer before that—I have been a bricklayer all my life—I have known Barnes's family for some years, but have had no particular knowledge of him—I only know him from coming to my house for two or three months—I first became acquainted with him from his coming to my house with the prisoner—his family live about eighteen or twenty miles below Ipswich, somewhere about Beaconsfield—he lived with his brothers, I believe, and was a farmer—I was asked to become a witness six or seven weeks ago—Mr. Robinson's clerk came and asked what I knew, and where the prisoner was—I was subpœnaed here on Monday by Barnes—I was not examined before the Magistrate.
JAMES PACKER (City police-constable, No. 257.) Barnes took me to apprehend the prisoner in Mr. Robinson's yard, in Little Britain—I took him to the station—I told him Barnes charged him with felony—he made no answer.
NOT GUILTY .
MR. BODKIN conducted the Prosecution.
CAROLINE PUDNEY . I keep a house of business, No. 66, New Bond-street—I let the upper part of the house furnished. On the 24th of April, the prisoner came to my house, and took the upper pan of it for a family expected at six o'clock that evening, from Dover—she gave the name of the Baroness Mandeville, as the lady that was to come—she wrote it on a piece of paper—I went out immediately after, and was not in the house at the time of the transaction—the Baroness never came.
Cross-examined by MR. CLARKSON. Q. Are you the housekeeper? A. Yes—I am not married—I am a hosier and glover.
THOMAS WEBB . I am in the service of John Austin, a silversmith and jeweller, in Oxford-street On the 24th of April, the prisoner came to our shop about half-past one o'clock, and selected some watches and chains to be sent to No. 66, New Bond-street—she wrote this direction, "La Baron Mandeville"—I took three gold watches and three gold chains there—the watches were worth, one eleven guineas, one 11l., and one ten guineas—the chains were two 5l. 10s. each, and the other 42.—I took them to the house—I found the prisoner in the front drawing-room—I opened my parcel on the table—she asked me the price of the watches—I told her, likewise the price of the chains—she said Madame was sick—she went and tapped at the door leading into the back drawing-room—she then went in and closed the door after her—in a few minutes she returned again, bringing the watches with her, and asked me the price of each of them again—I told her, and the prices of the chains also—she took the three watches and one gold chain, leaving two with me—she went with them into the back drawing-room, and I saw no more of her—I waited about three quarters of an hour, till Mr. Purday from our shop came up—inquiries were then made in the house, and the prisoner was not to be found—there is a door leading out of the back drawing-room, through which she might have gone down stairs, and out of the house—I saw her on the Monday after in custody at Vine-street station—the chain she took away was worth 5l. 10s.—these are two of the watches and the gold chain—we have not recovered the other watch.
Cross-examined. Q. What did that chain cost you? A. Four guineas.
Cross-examined. Q. I believe you got your information from a servant of hers? A. From a courier that caine with her from France—he had been in her service when she lived in Half Moon-street—I found a purse on her containing 2d.—I did not find that she had a change of clothes—I saw her coming out of a house in Regent-street—the house was pointed out by the courier—I did not inquire whether she had a furnished lodging there—I did not search the house—the lady said she had dined there the day previous—the courier said she owed him some money while he was in her service.
(The prisoner received a good character.)
GUILTY . Aged 22.—Recommended to mercy.— Confined One Year.
1412. LOUISE MIRAHELLO was again indicted for stealing, on the 21st of April, 7 cravats, value 3l.; 6 pairs of silk socks, value 2l.; and 4 pairs of silk stockings, value 2l.; the goods of Michael John Gahagan, in the dwelling-house of Samuel Thomas.
MICHAEL JOHN GAHAOAN, JUN . On the 21st of April, about five o'clock in the afternoon, the prisoner entered my father's shop in Regent-street, and asked to look at some cravats, silk stockings, and silk socks, and desired I would send a number over for the inspection of a gentleman, to the address which she gave me, "Madame D'Arcy, 133, Regent-street"—she wished them to go over in a quarter of an hour, as she would soon dine—I took them over, and was shown up stairs, where I found the prisoner without her bonnet or shawl, in the front-room—after looking over the things for a few moments, she took them into a back-room, and requested me to sit down for a few minutes—she brought some of the articles back, and asked me the prices—I told her—she asked me if I had a bill—I said, No; I could make one if required, but I could tell her the prices of any of the articles—she then stepped into the back-room again—after waiting a long time I concluded she had gone to dinner—I waited longer, and at last requested the servants to search for her, but she was not in the house—she took with her seven cravats, four pairs of silk stockings, and six pairs of silk socks—the cravats were worth 3l.—four were satin and three silk—the silk stockings were worth 2l., and the socks 2l.—I do not think I should have sold them at that price.
Cross-examined by MR. CLARKSON. Q. Whose house was this? A. It was to Mr. Thomas's house I took the things to, where she pretended to occupy a furnished lodging—I took three silk pocket handkerchiefs, and three other silk cravats with me, which she did not take away—she had purchased at our house about five weeks previously, to the amount of 3l. 7s., which she paid—she did not purchase to the amount of 8l.
LUCY FREEMAN . I am servant to Samuel Thomas. The prisoner came on the 21st of April, about four o'clock in the afternoon, and asked to look at the apartments—I showed her up stairs, and immediately fetched Mrs. Thomas—she took the apartments from Mrs. Thomas—I was not present then—she said she wished to come in that evening, that her mother was coming from Dover with a little girl, and we were to prepare for them, and Mrs. Thomas was to order in some things—she then went away, and returned in about half an hour—I let her in—she said she expected her luggage, which I was to take in—she gave her name as Madame D'Arcy—she went up stairs, took off her bonnet and shawl, and sat down in the front-room—in about a quarter of an hour Mr. Gahagan came with the goods, and was shown up into the front drawing-room—I left him there for full an hour and a half—he then came and called me, and the prisoner had left the house.
— BENHAM. I produce seven silk cravats, four pairs of silk stockings, and six pairs of silk socks, pawned by the prisoner on the 21st of April, for 3l
1413. ANN PRENDERGAST was indicted for breaking and entering the dwelling-house of Sampson Stevenson, on the 12th of May, and stealing therein, 1 sheet, value 12s.; and 1 boa, value 1s.; his property.
half-past seven o'clock, I was standing at my door for a quarter of an hour or twenty minutes—the prisoner came out of the house with a bundie—I stopped her, and asked what she had got there—the appeared to be intoxicated, and I could get no answer from her—I took her into my workshop, examined the bundle—it contained my child's boa and a sheet—I asked where she got them from, but could get no answer from her—she had no business in my house—she was a perfect stranger—I sent for my servant, who said in her presence that a sheet was missing from the bed—I sent for a policeman, and gave her in charge—I went up stairs, and missed the sheet, which I had seen safe at eleven o'clock that morning—I know this sheet and boa to be my property.
Prisoner. I have not the slightest recollection of entering the house—I did not know where I was till next morning, at the station—he said I came out of the house with the things open under my arm. Witness. No, they were in her apron—the outer door of the house was open, but there is an inner door, which closes with a spring, and that would open by pushing it.
GUILTY of Larceny. Aged 56.— Confined Two Months.
1414. JAMES PATTMAN was indicted for unlawfully, maliciously, and feloniously assaulting Ann Eliza Pattman, on the 26th of April, and cutting and wounding her in and upon her head, with intent to do her some grievous bodily harm.
(The prosecutrix being called upon her recognizance did not appear.)
EDWARD BULPIN . I am a policeman. On the 24th of April, at three o'clock in the morning, the prosecutrix came to the station naked, all but a green baize thrown over her shoulders—there were marks of violence and blood about her face, also on the back part of her head, and her feet and legs were bruized, and had blood on them—one of her arms was bruised—she was in a fainting state, whether from the blows or from liquor I cannot tell—she complained of the bruises at the back of her head—I had seen her previous to that in the course of the night, she then appeared sober—she made a charge against the prisoner, her husband—I went to apprehend him—he was in the upstair room—I said, "Pattman, come to the station, for your wife is there, and I think she is dying"—he said, "No, I shan't come"—I said, "You had better come and see her"—he said he should not—I then told him if he did not come, I should break the door open and take him—he said if I did he would serve me as he did that b—w—. I instantly broke the door open—he was very violent—another officer was with me—we overpowered him and took him into custody—the prosecutrix wrote her name, "Ann Eliza Pattman," at the station, and I heard her give that name at the police-office, in the prisoner's presence.
Cross-examined by MR. BODKIN. Q. That was before the Magistrate? A. Yes.
WILLIAM FOWLER . I am a surgeon. I saw the prosecutrix on the 26th of April, at a quarter-past four o'clock in the morning, at the station at Poplar—I found she had a contused wound on the hind part of her head, and a bruise on the forehead—she made no complaint at that time, but she showed me the hind part of her neck, where I saw a contusion
—the wound on the back of her head was not bleeding then—it had been—it had been occasioned by some blunt instrument—it might have been occasioned by a fall against any hard substance—the bruises might be caused by blows from a fist—the wound was not severe, but the parts went a good deal contused—she went out next morning before nine o'clock.
Cross-examined. Q. Was the skin divided? A. Yes—falling on a fender might account for the appearance.
MR. BODKIN called
DAVID BOWEN . I live in Hale-street, Poplar. I have known the prisoner twenty years; he is a man, I think, incapable of lifting his arm, even in self-defence—I have seen his wife thrash him—my bed-room looked into the prisoner's yard, and I have been frequently awoke in the morning by the violence of his wife—I have seen her throw the earth at him, and throw water in his face, and he has submitted to it like a child—she is a woman of violent temper, and at times under the influence of liquor.
(Robert Farrow, of Newport-place, Poplar, deposed to the same effect.)
NOT GUILTY .
Fourth Jury, before Mr. Recorder.
MICHAEL SMITH . I am a linendraper, and live in Crawford-street, Marylebone. On the 24th of April, I had some shawls pinned to an iron rod at the door—I heard a noise at the door between nine and ten o'clock —I went to the door, and saw the prisoner going away—I heard a call of "Stop thief"—I ran after him, and overtook him, with one of the shawls in his possession—I called a policeman, and gave him in charge—he said he did not intend to steal it, he was only going to look at it—he was about twenty yards from the shop.
Prisoner. I never had the shawl at all. Witness. I found it in his possession.
(Property produced and sworn to.)
GUILTY .* Aged 28.— Transported for Seven Years.
SARAH CHANDLER . I live at Old Brentford, opposite Mr. Montgomery's, On the 28th of April, between one and two o'clock in the morning, I went to look through my window, and saw the prisoner trying to get up the palings of Mr. Montgomery's yard—I saw him get down again and cross the road—he returned again in a few minutes with a stool—he stood on the stool, and moved the timber—he then got down again, and crossed the road with the stool, then returned again, took the timber on his back, and crossed the road in the same direction—I knew him before as a neighbour—in a few minutes I saw a policeman, and told him—my mother was ill, and I was up attending to her.
Cross-examined by MR. PHILLIPS. Q. Did you know the prisoner's name? A. Yes—I did not mention any name to the policeman—I said there had been a man stealing timber—I thought I should be too hasty if I mentioned the name—I had no doubt about it. I left the police
to find out his name—I remember speaking to Cuishen the officer—he came up a few minutes after—he asked me to describe the man—he asked me who the man was—I did not tell him—he did not ask me if it was the man who lived at the corner house—he asked me that in the morning, but not at night—I told him I thought I knew the man—I answered him, but I did not say "Yes"—I hardly recollect what answer I gave—I did not say "Yes" or "No" to it—I said "Yes" to what question the police asked me, but did not say the man's name—he might have asked if it was the man who lived at the corner house—I have not said he did exactly—he might, and I may have forgotten it—I did not say be did not.
WILLIAM PRATT (police-constable T 165.) Between one and two o'clock in the morning I was on my beat at Old Brentford, and saw the prisoner dressed in a fustian coat—I first saw him between twelve and one o'clock at the door of the Cannon public-house, in a state of intoxication—he lives about three hundred yards from Montgomery's yard—it was not light enough to recognize his person then—he had a fustian coat on.
JAMES CUISHEN (police-constable T 111.) I was on duty in Old Brent-ford on the morning of the 28th of April, about a quarter before two o'clock—Chandler threw up her window, and said, "Policeman, I wish you had been here a few minutes before, a man has been across the road, taken a piece of timber, and gone up Spring-gardens with it"—I asked what sort of a man—she said, a short man in a white coat and a hat, and he was only gone a few minutes—I did not stop to ask more, but went in the direction she said he was gone, but could not find him—I returned to her, and asked her further particulars, and in the morning about half-past eight, I called on her, and asked her about it, and whether it was the man that lived at the corner house—she said the timber did not go far, but she did not satisfy me to tell me the name—I could not get the name—in a short time afterwards I went to the prisoner's house, which is across the road, opposite the timber yard, but did not see him—shortly after I returned, I went into his garden, got a spade, and dug the timber up—the prisoner was standing close by—I said to him, "Here it is"—he said, "Yes it is, I do not know how it came there, I did not put it there"—I had not charged him with putting it there—I said he must go to the station to answer for it.
Cross-examined. Q. Did you ask Chandler to tell you the man's name? A. Yes, but she did not give me his name—she said something—I never said she made no answer—I know she said something—I know I asked her the question—I might swear that she made no answer, but I know she made some answer—I come from Limerick.
Q. Read this part of your deposition. Witness. (reading) "I asked if it was the man that lived at the corner house, which is the one the prisoner lives at—she made no answer"—I must have said so, if it is here.
SAMUEL SYKES . On the morning in question I found the timber disturbed—there are palings to the prosecutor's yard, covered with gas tar, and there was gas tar in the timber found in the prisoner's garden—it would get that mark by being taken over the pales.
Cross-examined. Q. Are there other gardens adjoining the prisoner's? A. Yes—a fence goes between them, and parts them.
NOT GUILTY .
MARGARET ROBY . I keep a baker's shop in Tavistock-street, Bedford-square—the prisoner was in my service—he took out the bread, and received the money—he should pay me all the money the day he receives it—he kept no book—he left my service abruptly on the 22nd of April, and on the 27th the policeman took him—he never paid me this money.
Cross-examined by MR. PAYNE. Q. How long has he been in your employment? A. About eleven months.
ANDREW JAMES ROBY . I am twenty-two years old, and the son of the prosecutrix—I conduct the business—the prisoner never accounted to me for this 9s. 7d. from Mr. Conquiner—we have another baker's shop in Great Russell-street.
Cross-examined. Q. Who has written "Paid Roby" on this? A. did. I have a distinct recollection of paying him the money.
JAMES GARNER (police-constable E 132.) I apprehended the prisoner—I asked Mr. Roby, in the prisoner's presence, if he knew the exact amount the prisoner had embezzled—the prisoner said he had reckoned it up, and it was about 7l. 10s.
Cross-examined. Q. Had Mr. Roby said any thing before this? A. He said he did not know the amount.
Cross-examined. Q. Who wrote this "paid," in pencil? A. The prisoner. I have kept this bill since March—I have not kept it myself all the time.
Cross-examined. Q. Have you kept the bill ever since? A. Mistress has—I am quite sure I paid him the money.
Cross-examined. Q. What shop was the prisoner employed at? A. At both, but more particularly at Great Russell-street—he might account to my mother, my brother, or myself—he had half-a-crown a week, and his board.
GUILTY . Aged 17.—Recommended to mercy.— Confined Six Months.
am servant to Mr. George Donaldson—the prisoner formerly lived servant in the house, and called on me occasionally afterwards—she called on me on Wednesday, and after she was gone I missed from the kitchen two gowns and a frock; one gown belonged to me, and one to Mary Moody, my sister.
Cross-examined by MR. DOANE. Q. How long ago had she lived in the service? A. About twelve months—this was on the 21st of April—she was taken into custody on the Thursday—I had not seen her for some time—one of the articles was found on her back—one gown had hung up, and one lay on a box—she was in a service, but had been only a few days there.
CHARLES WALKER (police-constable A 78.) I took the prisoner into custody in Phoenix-alley, Covent-garden—I asked her how she got the gown she had on—she said it belonged to her—I took her to the station, and there she said she had taken these things.
Cross-examined. Q. I believe you have made inquiry of her friends? A. Yes—her father is an old soldier, and a respectable man—this was some time after Easter Monday.
MR. DOANE called
MRS. MILLER. I live in Rupert-street—my husband is travelling with a gentleman—I have known the prisoner's family twelve years—they are Yorkshire people, and very respectable—she had been ill before Easter Monday, and was five weeks in the hospital—I then took her, and on Easter Monday gave her leave to go out—she did not return till Tuesday afternoon—I was angry with her, and never saw her after—she was acting as servant where the officer found her, which is a bad house.
GUILTY, Aged 19.— Judgment respited.
JAMES COULSON . I keep a marine store shop on Saffron-hill. On the evening of the 25th of April I found the prisoner at my counter with this chain—he said his mistress had sent him to sell it—I said I would go with him to his mistress, which I did—she denied having sent him, but said the chain was hers—I took him to the station, and on the road he said his father told him to take it—I said he was a very bad boy, and I could not believe him—I took him to the station.
THOMAS PEARTON . I am horse-keeper to the prosecutor. I married the prisoner's mother ten years ago—I never sent him to sell the chain—we were always on good terms, but I am sorry to say he is a bad boy—I sent him to school and to church—he has food as I have it.
GUILTY .* Aged 10.— Transported for Seven Years.—Parkhurst.
1420. JOHN PRICE was indicted for stealing, on the 19th of April, 2 cornice tools, value 1s.; 1 trowel, value 2s.; 1 rule, value 1s.; and 1 hammer, value 1s.; the goods of John Clark: 3 trowels, value 6s., the goods of Charles Bear: and 2 hammers, value 3s. 9d.; and 1 gauge, value 1s.; the goods of William Morton.
JOHN CLARK . I am a plasterer, and live in Bouverie-street. On the 19th of April I was at work at the Grotto tavern, Southampton-building Chancery-lane—I left my tools on the first floor there, and missed them on the following morning—I gave information to the police—on Tuesday the 27th of April, I went to the King's Arms public-house, in Duke-street, Grosvenor-square, and found the prisoner there—he was taken into custody, and I saw a rule, a hammer, and gauge, taken from his pocket—the rule is mine.
WILLIAM MORTON . I am a plumber, and was employed on these premises. I left some tools there, and missed them next day—this hammer and gauge are mine—this plumbing hammer is my master's—here is a cross on it, by which I know it.
Prisoner. Q. You saw me showing the tools, did you not? A. Yes.
(The prisoner, in a long address, stated that he met with a man at a public-house, of whom he bought the tools, intending to sell them again, but being short of money, he pledged them.)
GUILTY . Aged 53.— Transported for Seven Years.
1421. JOSEPH HASLER and MARY HASLER were indicted for stealing, on the 12th of April, 38lbs. weight of feathers, value 2l. 4s. pillow, value 3s.; 1 pair of sheets, value 2s. 6d.; 1 looking-glass and frame, value 2s.; 6 pieces of glass, value 2s.: 2lbs. weight of horse-hair, value 1s. 2d.; 1 flat-iron, value 1s.; 1 candlestick, value 1s.; 2 knives, value 6d.; 2 forks, value 6d.; and 2 plates, value 4d.; the goods of William Scarrott.
ELIZABETH SCARROTT . I am the wife of William Scarrott, a cabinet-maker, of Star-court, Little Compton-street, Soho. On the 10th of April the female prisoner came alone, and took a room of me, at 5s. a week—the male prisoner came with her that evening, and they occupied the room as man and wife—they left on the Monday week following, without notice—I then went into the room, and missed from it the articles stated, worth altogether about 3l.
MARY ANN FRANCIS . I am the wife of Charles Frederick Francis, and live in the prosecutor's house. On the evening of the 24th of April, about half-past six o'clock, I saw the two prisoners at Bloomsbury-stairs, Holborn
—I followed them—the male prisoner tapped me on the shoulder, and said, "I know what you are following me for, for the things which I have stolen"—said, "Yes, I am"—he said the feathers that he had taken out of the bed he should not suppose would be missed, they were not more than 7lbs. —he wished me very much to let him go, as he was going on tramp that evening—I said I could not, it was not like a frivolous theft—the female prisoner also persuaded me to let him go—I followed them till I met a policeman, which was not till half-past eight o'clock—they took me through so many dark streets and squares, that I might not have the oppotunity of seeing one—he went up Southampton-street first, out of Holbora—I do not know where else—he asked me to go up to his aunt's, at the other side of Oxford-street, to see if they would replace the things, and by the time they came up Holborn I met a policeman—I knew the prisoners before—I do not know whether they are married.
(Property produced and sworn to.)
Joseph Hosier's Defence. When we took the lodging there was no key to the door, neither was there an inventory of the things; the street-door was open all day long, so that any body else might have come into the room, and taken the things; I deny taking them; the things that were in the room when I went, were there when I left; it is not likely we could take such a quantity of things out of the house in such a short time as a week—it is my first offence.
Mary Hosler. I admit pledging to the extent of 3s.; nothing else.
JOSEPH HASLER— GUILTY . Aged 22.— Confined Six Months.
MARY HASLER— GUILTY . Aged 28.— Confined Three Months.
1422. ELIZA WILLIAMS was indicted for stealing, on the 3rd of May, 1 gown value 17s.; 1 petticoat, value 1s.; 1 quilt, value 6d.; 1 candlestick, value 3d.; 1 knife, value 2d.; 1 fork, value 1d.; 1 cup, value 1d.; 1 saucer, value 1d.; 1 pair of shears, value 4d.; 1 pair of snuffers, value 3d.; 1 veil, value 1s.; and 2 sheets, value 1s.; the goods of Maria Farmer.
MARIA FARMER . I am single, and live in St. Giles. The prisoner lived with me—on the 3rd of May she desired me to go for some tea for her—when I returned, my door was locked, and the prisoner and key gone missed the articles stated in the indictment—I gave information to the police.
SARAH POWER . I am the wife of Thomas Power, of No. 3, Bow-yard I have known the prisoner about a fortnight—on Monday, the 3rd of May, she came to my room with the prosecutrix's property, and asked me to take care of it till next day, as she was going to see her uncle—next day the prosecutrix came and claimed them.
(Property produced and sworn to.)
GUILTY . Aged 22— Confined One Month.
WILLIAM M'FARLANE . I am errand-boy to William Smee, of Old-street, St. Luke. On the 1st of May I put a tobacco and cash-box at the door, for sale—I saw them safe between six and seven o'clock in the evening—
on the Wednesday the policeman brought the tobacco-box—it is the same as I had put outside—I had not sold it.
JAMES CLIFFORD (police-constable G 91.) I was in Golden-lane on Saturday evening, the 1st of May—I saw the prisoner with something tied in a handkerchief—I asked what he had got—he said, a tin box that belonged to his father—I found it was a tobacco-box, and took him to the station—he said, at the station, that he found it in Wood-street.
(property produced and sworn to)
GUILTY .* Aged 18.— Confined Six Months.
THOMAS LARKINS . I am barman at the King's Arms, Back-hill, St. George's. I received information, and followed the prisoner—I found him three or four doors from the house, with this can and a bag under his arm—I pursued, calling, "Stop thief"—he immediately began to run—I sat him drop it at the corner of Johnson-street—I took it up, and brought it back—it belongs to my master, Thomas Wilson—I had seen it in the bar three minutes before.
JOSEPH EADY . I am a policeman—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 who was so convicted—he bad three months (read.)
GUILTY . Aged 27.— Confined Three Months, without labour, being crippled.
1425. JANE TUCKER and SUSANNA TUCKER were indicted for stealing, on the 20th of November, 1 bed, value 3l.; 2 bolsters, value 1l.; 2 pillows, value 9s.; 2 blankets, value 8s.; 2 sheets, value 8s.; 2 counterpanes, value 8s.; 1 pail, value 2s.; 3 knives, value 6d.; 6 forks, value 6d.; 4 plates, value 9d.; 3 cups, value 4d.; 3 saucers, value 4d.; 1 jug, value 3d.; 1 frying-pan, value 1s. 3d.; 1 tea-pot, value 6d.; and 1 candlestick, value 6d., the goods of James Sansom.
ANN SANSOM . I am the wife of James Sansom, a publican, of Dean-street, Holborn. I let out the house No. 16, in the same street—the prisoner Jane took a furnished room for herself and daughter—I saw them both, afterwards, in the room together—I afterwards found the room shut up, and missed these articles—I had given her one bolster on the Friday afternoon—this was Saturday—I never saw them again till they were taken up last Wednesday fortnight—they left on the 21st of November, without notice—my property is worth 6l.
Prisoner Jane Tucker. Q. What crockery was there in the room? A. I cannot exactly say, but what I had put there was gone.
WILLIAM MARTIN . I am shopman to Mr. Boyce, pawnbroker, of Theobald's-road—I have two bolsters, a blanket, and quilt, pawned by the prisoner Susanna, on the 20th of November, in the name of Ann Smith, Eagle-street—the other prisoner was not with her.
MARY BUCKINGHAM . I am the wife of Henry Buckingham, of Wells-street. At Christmas last, the prisoner Jane applied to roe to lend her money—she produced five duplicates, I lent her 10s. on them—I gave the policeman the tickets.
Prisoner Jane Tucker. Q. Did not you lend me the money without the tickets? A. I took them from you—I thought you meant them as security.
JONATHAN WHICHER (police-constable E 47.) I took the prisoner Jane—she gave me a quantity of duplicates, one relating to the blankets and quilt—I told her the charge—she said it was what she expected, but that her daughter had committed the robbery—I took the other prisoner afterwards—she said nothing—Buckingham gave me the duplicates which are for the articles now here.
(Property produced and sworn to.)
Jane Tucker's Defence. I was not at home when the things were removed. When I found they were gone, I compelled my daughter to give me the duplicates—I left in consequence of these being taken—I meant to have redeemed them.
Susanna Tucker's Defence. My mother knew nothing about it till it was done—I know she meant to redeem them when she was able.
JANE TUCKER— GUILTY . Aged 40.— Confined Three Months.
SUSANNA TUCKER— GUILTY . Aged 20.— Confined Fourteen Days.
EDWARD BELTON . I am a draper, in Lisson-grove. The prisoner came on the 22nd as my servant—on the following Saturday I had a shawl in my shop—I missed it on the 26th out of the wrapper—I afterwards saw it produced—I know it by the pattern and marks—I had had it nearly twelve months—it is soiled in the folds.
Prisoner. Q. How did I get into your shop? A. I cannot say; I suppose on the Sunday—my wife and a boy of 14 years old were at home on Sunday evening—I have no private entrance—she had an opportunity of getting the key, which was placed on the pianoforte.
Prisoner. The key was in my box all the while I was there, and the shawl was found in the box; if I had stolen it, I should have taken the key out.
SARAH BELTON . I am the prosecutor's wife. I looked into the prisoner's box on the Monday, but could not see the shawl—I looked again on the 30th of April, and found it in a silk handkerchief—it lay on the top of the other things—I asked where she got it—she said she bought the ticket of a woman who had gone to Ireland, and redeemed the shawl for 5s.—that she redeemed it at Greygoose's, in Crawford-street—she produced a duplicate of another article which she had pledged—she said she had pledged a small shawl for 4d. to make up the 5s.—I can swear to the shawl.
Prisoner. Did I tell you I redeemed it for a woman who was going to Ireland?—I told you I did not know the woman in question, but I bought the ticket of her, and gave 5s. to redeem it—I gave her 3s. 10d. for the ticket—I was down stairs for a quarter of an hour, went up to my room, and you were at my box—you asked me to leave the house—I said I
could not without my wages, and my six months' character, which you got with me—you gave me in charge then. Witness. I found she had pawned a small shawl for 4d. in the name of Sheen.
CATHERINE SHEEN . I live at Edward-place, Bryanston-square. The prisoner lived opposite to me—she asked me to go out with her, and lent me this small white shawl to pawn for 4d.—I gave her the ticket and money—I did not get out a shawl pawned for 5s. for her—she did not re-deem any shawl when I pawned it.
MRS. BELTON re-examined. This is mine.
Prisoner. My shawl is the same pattern as this, but whether it was changed in my box that I should not spoil their character, instead of their spoiling mine, I do not know—every body in the house had access to the room—the people of the house were accused of the shawl.
EDWARD BELTON re-examined. A young man, my ton, and daughter-in-law, and three children, live in the house—nobody was accused but the prisoner—I accused nobody till I found it—the people in the shop knew it was lost—I never saw her wear a shawl like it.
Prisoner. The policeman knows that I said the moment I was taken, what I say now—I said I had released a shawl the same day I pawned the other—there were two creases in my shawl.
GUILTY . Aged 23.— Confined Two Months.
NEW COURT.—Friday, May 14th, 1841.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 22.— Confined Fourteen Days.
GUILTY . Aged 21.— Confined Six Months.
GUILTY .— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ELEANOR SNELSON . I am a widow, and keep a coffee-shop in Bride-court, Bridge-street, Blackfriars. On Wednesday, the 5th of May, the prisoner came for a cup of coffee, which came to 1 1/2 d.—she offered me a counterfeit shilling—I saw it was bad immediately I took hold of it—I asked if she had got any other money to pay for the coffee—she said no, I must take it out of that—I said it was bad—she ran out—I gave the shilling to Leighton—I saw the prisoner again in the Compter the same day.
afternoon of the 5th of May, the prisoner came—I am sure she is the person—I served her with a cup of coffee, which came to 1d.—she gave me a shilling—I gave her 11d. change—I put the shilling into my pocket—I had a sixpence, and some halfpence there, but no other shilling—she went away—soon after my mistress said something to me—I produced the shilling from my pocket, and found it was had—I gave it to my mistress, and got an officer—the prisoner was taken soon after.
MARTHA SKERRETT . I am the mistress of Baillie. I saw her serve the prisoner—she paid 1s.—I saw the change given to her—about two minutes after the prisoner was gone, I asked Baillie to let me look at the shilling—I searched her pocket—there was no other shilling there—I received the shilling, and gave it to the officer.
Prisoner's Defence. I was walking along—the policeman came and took me with a young man—they let the young man go, and when I had been taken an hour, the old lady came—the policeman said, "Is that her?" and she said, "Yes, I think it is—I will swear it is."
GUILTY . Aged 18.— Confined Six Moaths.
MR. BODKIN conducted the Prosecution.
LEONARD MORSE GODDARD . I am a surgeon in St. John-street. On the evening of the 5th of April, the prisoner came for a pennyworth of car-mine—he paid ine a counterfeit sixpence—I found it was bad immediately—I told him so—he said some person outside employed him to bring it to me—I went and looked if there was any person, and there was none—I gave him into custody—he was taken before the Magistrate, and I did not appear—I gave the sixpence to the officer.
WILLIAM HENRY MARTIN (police-caiutable G 144.) On the 5th of April I was called to Goddard's shop, and received this sixpence—I took the prisoner—he was discharged on account of Mr. Goddard's not attending before the Magistrate.
JOHN HOWARD . I am assistant to Mr. Bridges, a surgeon, in Coppice-row. On the evening of the 7th of April, the prisoner came and asked for an ounce of salts—it came to 1d.—he paid a counterfeit sixpence—I told him it was bad the moment I saw it—he said he did not know it, he took it at Billingsgate—I gave it to my master, and got an officer.
Prisoner's Defence. I met a person in John-street—she asked me to get her one pennyworth of carmine, and the other I got at Billingsgate.
GUILTY . Aged 17.— Confined Six Months.
MR. BODKIN conducted the Prosecution.
THOMAS HAND . I live in Ebury-street, Pimlico. About seven o'clock on the evening of the 2nd of April, the prisoner came in for a pennyworth of adhesive plaister—he gave me a shilling—I gave him 11d. change—a very few minutes after he left I discovered it was bad—I had not parted with it from my hand—I marked it, and my assistant took it—I desired him to follow the prisoner.
HENRY ELLIS . The prisoner came to my master's shop—he bought some plaister, and received change—I received the shilling from my master—I gave it to a policeman—I followed the prisoner to Mrs. Harrison's shop—I went in after him, and heard him ask for a pennyworth of pills—he tendered another shilling—I looked at that, and found it was bad—she marked it in my presence, and gave it to me—I gave it to the same officer—the prisoner tried to get out of the shop, and struggled violently, threw me down, and escaped for about two minutes—we followed, and gave bin into custody.
Prisoner. Q. What time was this? A. About twenty minutes past seven o'clock—I did not give the shillings to two or three people—they were never out of my sight.
JAMES CLOUGH (police-constable B 98.) On the 2nd of April, I saw the prisoner and Ellis in Grosvenor-row—the prisoner ran away—I kept him in sight, followed, took him, and received these two shillings.
Prisoner. Q. What time was this? A. Between seven and eight o'clock.
GUILTY . Aged 22.— Confined Six Months.
MR. BODKIN conducted the Prosecution.
LETITIA CHESNEY . I am the daughter of Joseph Chesney, a newspaper salesman, in Bermondsey-street. On Sunday, the 11th of April, the prisoner came to buy a "Bell's Life in London"—he gave me a half-crown—I saw it was bad—I spoke to ray mother and sister who were in the room—I desired them to detain the prisoner while I went for a policeman—the prisoner did not hear me say that—my brother came with one—the prisoner was kept in the shop, and then given in charge—I kept the half-crown till I gave it to the policeman.
LOUISA ELIZABETH CHESNEY . I am sister to the witness. I remained in the shop to take care that the prisoner did not go out while a policeman was sent for—I shut the shop-door—the prisoner tried very much to get out—he offered me a half-crown, told me to take that, and let him go—he said he knew where he took the other—he took hold of me, and tried to get out, and jammed my hand in the door—I bolted the door, and kept him till my brother came back with the policeman.
JOHN ALLEN (police-constable M 87.) I was called in by the brother—I saw the prisoner sitting there—I took him—I received this half-crown from Letitia Chesney—I found a good half-crown in the prisoner's right hand waistcoat pocket—he was taken before the Magistrate next morning, and entered into his own recognizance of 10l. to appear on the 17th—on the 17th I went to the Court, but he did not appear—he said he was a carpenter, or a labourer in the employ of Mr. Cubit, and he lived in Mann's cottages, Pimlico—I did not inquire there.
RICHARD HENRY MALIN . I am apprentice to Mr. Streeter, a linen-draper, in Lisson-grove. On the 17th of April, the prisoner came for a dozen of buttons—I served him—they came to 4d.—he offered me a bad half-crown—I bit it, and told him it was bad—I gave it to Mr. Streeter, and he locked it in his desk—he gave it me again the same day when the policeman came, and I gave it to the policeman.
GEORGE STREETER . I received the half-crown on the 17th, from Malin—I saw the prisoner in the shop, and asked him where he got it from—he said he had taken it of a green-grocer in Marylebone-lane—I asked where he had been working, he said at the Great Western railroad, and he lived at Pimlico—I said I thought I should give him in charge of a policeman, as I believed he knew he was passing bad money—he said he did not—he then left, and I sent a young man after him—I afterwards saw a policeman—I gave the half-crown to my apprentice—I had put it in a desk, in which was no other money—he had bitten it very deep—I am sure it was the same.
GEORGE ROGERS (police-sergeant D 1.) The prisoner was given to me on the 17th of April—I asked where he got the half-crown from—he said from a green-grocer in William-street, Marylebone-lane—I searched him, but found nothing on him—he said he lived at No. 4, Stafford-place, Pimlico—I inquired there, but found he did not—I received this half-crown from Malin.
GUILTY . Aged 19.— Confined Six Months.
MESSRS. BODKIN and ESPINASSE conducted the Prosecution.
ELIZABETH DARKE . I am the wife of William Darke, a hair-dresser in Bridge-street, Westminster. On the 19th of March, the prisoner came to get his hair curled—it came to sixpence—he gave me half-a-crown—I gave him the change—I put the half-crown in the till, and afterwards found it was bad—I then put it at the back of the till, with some papers, where there was no other money—on the 14th of April, he came again to have his hair curled—it came to sixpence—he gave me a bad five shilling piece—I called my husband, and gave it to him—the prisoner said he had taken it, and would give my husband one shilling to let him go—my husband gave him in charge, and gave the officer the half-crown and a five-shilling piece—no one had access to the till but myself and my husband.
Cross-examined by MR. BALLANTINE. Q. Did he not offer his address, and beg it might be taken, and say he was a respectable man? A. Yes—it was between twelve and one o'clock in the day—I had no suspicion when I took the half-crown, not till two or three hours after—there was only that half-crown in the till—I called to my husband, and told him.
MR. ESPINASSE. Q. During the two or three hours was the till under your charge? A. Yes—he offered to give his address if he was suffered to go.
WILLIAM DARKE . On the 19th of March the prisoner came to the shop—I curled his hair—I did not see him pay for it—my wife called my attention to the half-crown, and I saw it was a bad one—in the meantime I had put another half-crown into the till, but not into that part where the half-crown was—on the 14th of April my assistant curled the prisoner's hair—
he gave my wife a crown-piece—I saw it was bad—I gave that and the half-crown to the policeman after I had marked them.
Cross-examined. Q. Had your assistant access to that till? A. No—no one but my wife and myself.
WILLIAM KNIGHT . I am a fishmonger at Charing-cross. The prisoner came to my shop on the 19th of March, and asked for a single oyster—I expected he wanted more—I went to open more—he said he did not want more than one—he gave me a bad half-crown—I found it was bad on the spot—he felt in his pocket, and said he had got some halfpence, and was giving me one halfpenny—he produced some—I refused, and went for a policeman—he said he was a respectable man, a clerk in the City, and gave his address in May's-buildings, and desired me to go—I did not—the officer did.
SAMUEL PERRY (police-constable A 133.) The prisoner was given into my custody—I received this half-crown—the prisoner was taken to Bow-street on the 29th—he was discharged—I found he had friends living in May's-buldings.
GUILTY . Aged 24.— Confined One Year.
JOHN HENRY BROMAGE . I am a stationer, and live in Southampton-court, Queen-square. On the 31st of March, about ten o'clock in the morning, the prisoner came for a sixpenny account-book—she gave me a half-crown —I saw it was bad, and I sent for my brother—the prisoner said she had taken it about ten minutes before, from a woman she had sold some caps to—she was given into custody—I gave the half-crown to the officer after I marked it.
THOMAS PARSONS HONEY (police-constable E 134.) I was called in on the 31st of March—the prisoner was given into my custody—I received a half-crown from Mr. Bromage—the prisoner said she took it for selling two caps—I asked her what she was going to do with the book—she said she gave 1s. each for the caps, and sold them for 1s. 3d. each, and she wanted to see what she got by them—she was taken to Hatton-garden, and was discharged—she gave an address at the Coal-yard, Drury-lane—I did not go there.
RICHARD BELTON . I am a greengrocer, and live in Bryanston-street. On the 17th of April the prisoner came, and agreed to purchase 3lbs. weight of potatoes—they came to 2 1/2 d.—she gave me a half-crown—I immediately perceived it was bad—I went for an officer, who took her into custody—I asked where she lived—she said over the water—I said I thought she might as well have patronised her own neighbourhood, as come so far for potatoes—she said she had sold two caps to a lady for 2s., and had taken the half-crown of her—I marked the half-crown, and gave it to the officer.
Prisoner. You was gone nearly half-an-hour. Witness. On my oath, I was not gone more than four minutes—I kept the half-crown in my hand till I gave it to the officer.
GUILTY . Aged 22.— Confined Six Months.
BRADLEY pleaded GUILTY . Aged 28.— Transported for Seven Years.
MR. BODKIN conducted the Prosecution.
RICHARD HILL (police-constable T 113.) On the 5th of May I was directed to watch a wagon of Mr. Flight's, in the Uxbridge-road—it was driven by Bradley—it went down Portobello-lane to a rick of hay in Mr. Salter's field—there was a man there cutting the hay—the wagon was loaded with a load of hay in the ordinary way—I saw it leave, and followed it—it stopped at the Hoop public-house—I saw William Lyall and George Lyall there—William Lyall was ostler there, and George Lyall, the prisoner, his son, assisted him—they came out—Bradley got on the top of the load of hay, and threw down a truss—one of the Lyalls took it into the stable—I cannot say which—I saw William Lyall look round before they removed it, and then it was carried in—the prisoner George Lyall came out of the stable again, but not the old man—a second truss was then thrown down from the wagon—George Lyall took and carried it into the stable—directly the second truss was taken, Mr. Nicholls went and put his hand on George Lyall's shoulder, and I took him into custody—William Lyall made his escape—while I had got George Lyall, another truss was thrown down on the footway—I then went into the stable and found one truss of hay there, and two more in the loft—I saw Mr. Nicholls go towards George Lyall, and at that time I saw the truss of hay fall from his shoulder—I did not hear him say any thing.
GEORGE NICHOLLS . I am in the employ of Mr. Thomas Flight. He purchased the rick of hay in Portobello meadow, and was about to remove it to Islington—I went with the officer to the neighbourhood of the rick, and saw the wagon loaded—I followed it—it stopped at the Hoop public-house—I saw one truss thrown down, and it was taken by a man, but whom I could not discover—a second truss was then thrown down, and George Lyall took that—I went and put my hand on him, and told him he had no business with that property, and I must give him in charge of the policeman—he said, "Very well"—I saw the truss of hay that was found in the loft—I believe it was the same description of hay as that in the rick.
Cross-examined by MR. PAYNE. Q. This was in the middle of the day, was it not? A. Yes, and the house is on the high-road—this created a crowd.
WILLIAM HAYWOOD BUDD . I went on that day, and stopped at Kensington —I saw Bradley undo the bag of horse-meat, and give it to George Lyall—he took it, shot it into the manger, and gave Bradley the empty bag, and then Bradley threw down the hay.
HENRY GORE . I keep the Hoop public-house. William Lyall was my horse-keeper, and George Lyall was employed by his father to help him, I have no doubt—I have not seen William Lyall since this occurred—I saw Mr. Flight's wagon at my house after the prisoners were taken, but never before to my knowledge—wagons frequently stop at my house
—it is a regular watering-house—neither my ostler nor his assistant had any authority to receive any hay from any body—William Lyall had been ostler to me for eleven months—I had a good character with him from an omnibus proprietor—George Lyall has been about there for four months, and seeing him destitute, I have given him food, as well as his father—I was at the back part of my premises at the time this occurred, attending to my customers.
LYALL— NOT GUILTY .
RICHARD THORNTON . I am a merchant, and live at Old Swan, On the 7th of April I came up from Gravesend by the Mercury steam-boat—when I went into the steam-boat I had a pocket-book with me, which contained a 20l. and a 10l. note—the pocket-book had my address on it, "Mr. Thornton, 9, Old Swan"—soon after leaving the steam-boat, when I arrived in London, I missed the pocket-book and its contents—I went the next morning, and inquired, and offered 10l. reward for the book—I advertised it, and caused hand-bills to be put up, and stopped the notes at the Bank—the 20l. note I caused to be traced to the prisoner.
JOHN SUGDEN NEALE . I am clerk to the prosecutor. In pursuance of directions from him, I traced the 20l. note to the prisoner—it was paid into the Bank by Whitbreads—this is the note—(looking at it)—I went on board the Mercury steam-boat, and asked the prisoner, who belongs to that boat, where he got the 20l. note that he changed at Mr. Duke's—he told me he found it in the cabin of the vessel—I asked him where the pocket-book was—he said he had not seen it, and knew nothing about the 10l. note.
Cross-examined by MR. PHILLIPS. Q. He said he had found the 20l. note by itself, and knew nothing about the pocket-book or the 10l. note? A. Yes.
MR. THORNTON re-examined. I offered, in the hand-bill, 5l. reward to any one who would restore the pocket-book, and caused the bills to be stuck up on Fresh-wharf, where the packet runs to, and on Fish-street-hill—I told the mate of the vessel, in presence of the crew, that I would give them the 10l. amongst them if they would restore me the pocket-book and the 20l. note—I said the pocket-book had got my name and address in it—I distinctly stated I had lost a pocket-book containing a 10l. note and a 20l. note—I cannot say that the prisoner was present, but I believe he was.
Cross-examined. Q. Did you observe the prisoner attempt to do any thing to your person on the day you lost your pocket-book? A. Nothing whatever—I was not asleep, or lying down in any way, so that it might drop out—I was in the cabin—it was in my left-hand trowsers-pocket—I never lost a pocket-book out of that pocket before.
ROBERT WILKINSON . I am mate of the Mercury, and was so on the 7th of April. On the 8th I remember Mr. Thornton coming on board when the vessel was in London—he said he had lost a 20l. and a 10l. note—I took him down into the after-cabin—the prisoner was there, and must have heard what Mr. Thornton said—he offered a 10l. note amongst the crew to recover it.
CAROLINE WALLETT . I am assistant in the shop of Mr. Duke, a baker, in Bridge-road. On the 7th of April the prisoner came for change for a 20l. note—I knew him—Mrs. Duke did not change the note, she sent her servant to change it, and the prisoner had the change.
MR. THORNTON re-examined. This is the note I lost.
Cross-examined. Q. Did he not point out the place where he found it while he was sweeping? A. Yes.
JURY to MR. THORNTON. Q. Were the two notes together in one leaf of the book? A. Yes, and there was a promissory note for 65l., and some papers which were of great importance to me—if the party had sent the book and papers under cover, I should have said nothing about the notes—my advertisement did not allude to the notes at all—I think I took out my pocket-book while I was on board the steamer—I saw the notes safe while I was on board—I believe I put my book safe back into my pocket, but I am not certain—the notes were folded separate, being of different amounts.
(The prisoner received a good character.)
GUILTY of Stealing, but not from the person. Aged 23.
Recommended to mercy by the Jury and Prosecutor.— Confined One Year.
First Jury, before Mr. Common Sergeant.
MARGARET NEALE . I am single—I was on a visit at my relation's, Mr. Constance Pearson, a baker, at Clapton—on the 27th of April a lady came in to pay a sovereign—she put it on the counter—the prisoner came in, and asked for 1d. worth of biscuits—there were a great many boys round the window—I showed the prisoner some biscuits—he did not like them, and he gave them me back—he did not give me the 1d.—he went off, and then we missed the sovereign—we sent a man from the bakehouse after him—he was brought back—he said he had not been in the shop at all—I am sure he is the boy.
MARY WOODLEY . I went to the shop to pay a bill—I put the bill on the counter, with a sovereign—the prisoner came in for 1d. worth of biscuits—he was very particular, and would not have them—he left, and I missed the sovereign—we followed him up a back lane, and a fishmonger's cart took the man up, who overtook the prisoner, and detained him—I came up to him—he said he had not been in the shop—there were eight or nine boys round while the prisoner was in the shop.
Prisoner. I never saw the sovereign—the lady said she thought Mrs. Neale picked it up—I was in the shop, but there was another boy there.
MARGARET NEALE re-examined. There was no other boy in the shop—a boy came to the door for a halfpenny worth of bread before that—I am certain the prisoner is the person who came into the shop, and no one else.
(The prisoner received a good character.)
GUILTY . Aged 12.—Recommended to mercy.— Confined Six Days, and Whipped.
ELIZABETH GRAFFER . I am the wife of Carston Graffer—I deal in hogsheads and other things. The prisoner came on the 2nd of April, and said he had got two hogsheads, that were out-and-outers, to sell—I sent a man with a sovereign to pay for them.
Cross-examined by MR. DOANE. Q. You gave the sovereign to your own man to buy the casks? A. Yes.
CLAUS WIEBALCK . I went with the prisoner for the casks—my mistress gave me a sovereign to pay for them—the prisoner wanted me to go into a public-house and have a pint of beer—I did not want to go, but I did at last—he said, "I shall have the sovereign changed here"—I asked the publican for change—he had got no change—he said, "You must go over to the baker's and get it"—the prisoner took the sovereign out of my hand, and said, "I can go quicker than you"—he went away with it—I looked after him, but could not see him—I never got the casks—I saw the prisoner no more for three weeks.
Cross-examined. Q. The landlord could not give you change? A. No—I did not stay hardly a minute after the prisoner went.
GUILTY . Aged 34.—Recommended to mercy.— Confined One Year.
ANN HAMILTON . I am single, and live in Great Leonard-street, Shore-ditch. On Wednesday, the 21st of April, I went into a public-house in Cheapside, with two young women who lodge in my house—in the evening I was the worse for liquor—the prisoner was in that house—I did not know him before—we had something to drink, and Betsy, the prisoner, and I went in a cab (Betsy is not here)—we then drove to our house—I arrived there a little after twelve—I had no money in my pocket—I went down stairs to the caddy, and the cab boy came down, and I paid him 2s. for the cab—I had a purse in the caddy, with two sovereigns and a half in it—the prisoner was sitting close by the tea-caddy when I took the money out—I put the purse, and two sovereigns and a half, into the tea-caddy again—I had no occasion for that—I took the string out of my shoe, because I felt it under my feet—I missed the money about eight the next morning—I went to bed about one—Betsy went up stairs to bed, after the prisoner and the boy went away.
Cross-examined by MR. PHILLIPS. Q. Were you able to stand? A. Yes—I have gone by the name of Mitchell—I lived with a gentleman a good many years, and went by his name—I would not answer by any name at all—I was not sober—I might have been drunk—I had been drinking gin and peppermint—I began between eight and nine o'clock in the evening—I was not drunk—we had a glass of gin and peppermint as
we came from Leicester-square—I left about twelve o'clock—I was dot drinking all the time—I cannot tell how much I drank—Betsy drank too—Charlotte did not drink—she did not know I had a purse—she knew where I kept my money—I have not been comparing notes with Charlotte—I said the prisoner was sitting on the kitchen table when I went to the caddy—I do not know what Charlotte Wilson has said—I have always said the prisoner was close by the purse.
Q. Did you not say that he stood close to you? A. I have a witness that he was sitting on the table, and a woman told him not to sit on the table, he would break it—he was sitting part on the table, and one of his legs on the floor—I was locking the caddy, and Charlotte Wilson came down and said, "Let me lock it," but it was locked.
Q. Upon your oath, have you ever sworn it was you locked the caddy? A. Yes—she took the key out of my hand, and said, "Have you locked the caddy?"—I said, "Yes, I think I have," and she said it was locked—she took the key, and thought she looked it—we locked it between us.
Q. Did you not swear before the Magistrate, "I then locked the caddy?" A. Certainly I said that—on the second day it was mentioned before the Magistrate that Charlotte Wilson was there—my depositions were read over to me—I think there was about Charlotte Wilson assisting me to lock the caddy—Charlotte Wilson mentioned it, I did not.
Q. On the contrary, did you swear, "I stooped to pull the string of my shoe out—I then locked the caddy?" A. I did say, I locked the caddy—I heard Charlotte say at Worship-street it was she locked it—she said I assisted her on the second day—I know a gentleman named Wellum—I have known him twelve or fourteen years—he maken our shoes, that is all I know about him—he does not visit at our house—if he has come in with boots and shoes, he has had a cup of tea—he drank tea there last on the Sunday that the prisoner was to bring the money—Wellum said that the prisoner should say, he was very sorry he could not bring me all—I expected him to bring two sovereigns and a half—that was all I expected—if Wellum has said I would not take a farthing less than 5l., it is not true—I sent Wellum to the prisoner to ask him about my money—I found out he was in Mr. Butler's shop—I sent there—I did not tell Wellum to threaten to expose the prisoner to his master—I heard Wellum say that the prisoner said he did not want his master to know—I did not get a farthing from the prisoner—it was after my sending Wellum to him that I had him taken up—I lost this on the Wednesday—the prisoner said he would come to tea on the Sunday, and the first night I went with Wellum was the Friday, but I did not hear what the prisoner said to Wellum—Wellum saw him on Friday night, Saturday night, and Monday morning, and then I had him taken—when Wellum came to me, he said, "He will give you your money, it is all right, I am to go to-morrow night for it"—on the Saturday night he want—it was very wet—he came and said the prisoner had not got the money, but would bring it up on the Sunday—I sent Wellum on Monday—he came back, and said the prisoner told him he wished to extort money from him, and he would give him in charge—I then gave the prisoner in charge.
COURT. Q. Is there a master or mistress living in the house where you live? A. No—I am only servant there—I have nothing to do with the house.
MR. PHILLIPS. Q. Will you favour us with the address of the lady
who keeps the house? A. I do not know—she comes and fetches the money—I saw her last on the Monday—I gave the prisoner in charge—she wished me to give him in charge—I have always found her a very correct woman—she lived in that house once—she has been married about twelve months—I was her servant when she lived there—she took the ladies' money when they paid her—I had nothing to do with that—Wellum drank tea with me on Sunday—he said, "may be the prisoner might come"—I do not know when he drank tea there before—he is not in the police now—he never was to my knowledge—he was an officer—he knew Betsy and Charlotte—I do not think Betsy took any notice of anything—she was not sober—she is between 25 and 26 years old—I believe one of us was as tipsy as the other—I do not recollect falling into the mud—I believe I did fall—I do not know whether a man or woman picked me up—I cannot swear whether I had my shoes off when I was out on the pavement—I will not swear that I was not walking about in my stockings.
CHARLOTTE WILSON . On the 21st of April, I was at this public-house in Cheapside—I went home at a quarter-past twelve o'clock—I arrived with the prisoner and my fellow-lodger Betsy Thomas—the prosecutrix gave the money to the boy to pay the cab—when I went down, the prisoner was sitting on the leaf of the table—the caddy was open, and I saw the prisoner chuck the purse on the hearth-rug—I did not know the purse, as I had not seen it before—after he left, I took it and threw it on the mantel-piece—the prosecutrix came and told me she was robbed—I said "That is the purse I saw on the hearth-rug, and threw it on the mantel-piece"—the end of it was turned—I am sure the prisoner threw it there.
Cross-examined. Q. Do you live in the house with the witness? A. Yes, Betsy Thomas lives in the house—she is not here, because she was insensibly tipsy, and her evidence was not taken down—I am quite sure of that—I have not sworn that she was in liquor, but not very bad, or that they were both in liquor, but not very bad—I have sworn that when I left them they were not, and when they returned home they were insensibly tipsy—I have been talking to Mrs. Hamilton about this—she said on her oath she saw the money in the purse, which I had not seen—it did not strike me as being odd that a man should throw a purse on the rug—I should not have given it a thought, had I not heard that the money was taken from the purse—I was close to him—I suppose he was not aware that I saw him—he could have taken it off—I locked the caddy, and when I was locking it, the prisoner was sitting on the leaf of the table—the caddy was on the table—Hamilton was making an attempt to lock it—she could not do it, and I did it—she was sitting by the table when the prisoner threw the purse on the rug—she might have seen him throw it had she been sober, but she did not.
Q. Did you state that she was sitting by and saw it? A. I did not say that—what I stated was, that had she been sober she would have seen it thrown on the hearth-rug, as well as me, but as she was tipsy she did not.
Q. Did you swear the witness Hamilton sat by and saw it, but she was very tipsy? A. I did not swear that—I was sober before the officer—what I said was taken down and read over to me—I signed it—this is my signature—I cannot read writing—(read—"Hamilton sat by and saw it, but she was very tipsy")—there is a mistake there—I said, "Had she been sober she might have seen this mistake"—I did not notice it—I made no remark to
the prisoner about his throwing his purse on the rug—thought it was an old purse—Mr. Wellum makes my shoes—he does not sit down to dine with us, though I do not know why I should object to it—he took lunch with us once during this time—some bread and cheese and a pint of porter—I think it was last Wednesday—no, Thursday—I heard no voice saying "Thursday"—he took lunch with us yesterday—he has not dined at our house—he drank tea with us—he was waiting for the prisoner to come—I cannot say how often he has drank tea in the house.
NOT GUILTY .
1441. JOHN WILLIAMS and JOHN WAKELING were indicted for stealing, on the 6th of May, 1 purse, value 9d.; 1 sovereign, 1 shilling, 2 sixpences, and 3 groats, the property of Esther Stanley, from her person.
MR. PHILLIPS conducted the Prosecution
JOSEPH DAVIES LEATHART . On the 6th of May, I was in Oxford-street. I was going towards the City, and saw the two prisoners coming up towards the Circus—they were in company, talking together—I watched their motions—they noticed the omnibuses as they passed—they looked at them as they went along, and after going up to the Circus, and crossing and re-crossing from one corner to another, and looking into the omnibuses as they came up, they got into an omnibus—I met a policeman in plain clothes, and in consequence of what said to him, he and I got on the top of the omnibus—I made a communication to the conductor of the omnibus—it then came on and stopped at the corner of Well-street—the conductor made a sign to me that the gentlemen were getting out—the policeman and I got down—I ran to the door of the omnibus and. said something, and in consequence of what heard said from inside the omnibus, I ran after the two prisoners, who had then got out and gone up Well-street—the policeman had gone on after them before I did—they continued walking—came up to Williams, seized him by the collar, and with my other hand I took hold of his hand, which was underneath his cloak—his hand was closed—I said, "What have you got here?—he said, what was that to me—I said, "I will see"—we had a severe struggle, and got into the road, and by a sudden jerk of his arm, I saw something of a purse in his hand—a gentleman came up from the omnibus to assist me, and by some means or other Williams got down in the road, and the purse, by a sudden jerk of his arm, went out of his hand—I did not see for a second where it went to, but I picked it up off the ground—the gentleman and I brought Williams to the corner of the street, and a policeman of the E division came and took him—I charged him with felony—he said he was a respectable person, and I should find myself mistaken—I saw Wakeling taken by the officer—he said he was a cab—proprietor, and he was going to pay his duty—I took the purse to the station, and gave it up to the officer in presence of the Inspector—Williams denied all knowledge of Wakeling.
Cross-examined by MR. CLARKSON. Q. What are you? A. A house decorator and paper-hanger, in the employ of a gentleman in Oxford-street, as I told you last time.
Q. Are you an amateur thief-taker? A. When I see these things—I am sure if they come into Oxford-street they shall not get out again—I do not recollect when I was here last—you recollect better than I—you defended the persons—it was three men—I cannot say how often I have been here—about twice within the last twelve months—it is twelve months
since you and me had that affair of the three boys—I have been here since, and through some of you gentlemen's nods and winks, you got the men acquitted.
Q. As I was not in that case, whose nods and winks was it? A. Yours and Mr. Ballantine's—I do not mean that you was in the case, but you made a remark to the Court that had an effect on the worthy Judge's mind—I knew the man who was the policeman in plain clothes—I know a great many of the police.
Cross-examined by MR. BALLANTINE. Q. On the last occasion you saw what you stated as plainly as you did now? A. Yes—the prisoners were acquitted, and they laugh at me now, but they will not be much longer before they are here again.
GEORGE GEORGE (police-constable D 114.) In consequence of something, I got on the top of the omnibus—I had noticed the two prisoners—they were in company, and in conversation—when the omnibus stopped against Well-street, I found somebody had been robbed, and I followed the two prisoners up Well-street, and collared Wakeling—I said, "You are my prisoner"—he said, "For God's sake, let me go, I have taken nothing from any one myself"—I said, "You must come back, there is a lady has been robbed"—with that he made resistance, and finding he was a powerful man, I pulled my staff out—he was not aware before that I was a policeman—I brought him down, and saw the other prisoner in the kennel—this purse was found in the kennel—here is the cloak that hung on Williams's arm.
Cross-examined by MR. BALLANTINE. Q. What do you mean by bringing him down? A. I brought him down Well-street—I found on Williams this instrument, which is in the shape of a cigar-holder.
CARDEN TERRY . I am a solicitor. I happened to be in the omnibus—I saw the two prisoners in it—Miss Stanley sat on the left-hand side as you go in, within one of the door, when I first went in—and there was no one sitting by her, but ultimately the prisoner Williams sat beside her, and Wakeling sat almost exactly opposite him—Williams had either a loose coat or a cloak—I saw the prisoners get out—some alarm was given on their getting out, and I got out immediately—I came up with the prisoner Williams—he was struggling with Leathart—I caught hold of his collar as he was getting from Leathart, I thought, and either personally, or with Leathart's assistance, got him on his back, and the coat or cloak he had got across his person, slipped down, and immediately under it I saw purse on his person—I said, "We have got the purse"—we got him on his legs, and I saw Wakeling, and a man with a constable's staff in his hand, holding it, as I thought, in a threatening attitude—I said, "Don't strike the man, you have got him in custody"—we went to the station, and I went after the omnibus, and got the lady—she went in a cab to the station, and recognised the purse as hers.
Cross-examined by MR. BALLANTINE. Q. Where did you first see the purse? A. On the outside of Williams's person, under the cloak—he had been thrown down, and was on the flat of his back.
ESTHER STANLEY . I was in the omnibus, and while I was there I took out my purse, to take a sixpence out to pay the conductor—any person in the omnibus might have seen me do it—I saw both the prisoners in the omnibus, and Williams sat next to me, on one side—he had a large coat
or cloak on his arm, and I saw it move about two or three times—I saw the prisoners leave the omnibus together—something was then said—I was induced to search, and my purse was gone—there was in it a sovereign, two sixpences, and two fourpenny-pieces, at one end, and one shilling and a fourpenny-piece at the other—this is it.
GEORGE LEDBITTER TRING . I drive an omnibus. I know the prisoners very well indeed—I have seen them together a great many times, once or twice a week—they have ridden with me—they appeared to be acquaintances—they always got in together, and out together.
HAYWOOD. I know Wakeling, as a cab—proprietor—I have left things at his stable, in the Kent-road, and sold him things.
MR. PHILLIPS. Q. Do you know nothing more of him? A. No—I never heard of his being convicted—I have not known him intimately.
WILLIAMS— GUILTY . Aged 40.
WAKELING— GUILTY . Aged 49.
The following evidence was subsequently given.
CHARLES WALKER (police-constable A 78.) I had Wakeling in custody on the 16th of May, 1840, for attempting to pick the pocket of Sir Burgess Cormack, at the Italian Opera—I took him before the Magistrate—he appealed from there, and had three months, as an. incorrigible rogue.
Wakeling. You state that I had three months. Witness. Yes, from Queen-square—you was then taken again from the Opera—you appealed against the conviction and was acquitted from it, and was committed for three months as a rogue and vagabond to Westminster Bridewell.
(On a subsequent day, the following witnesses appeared to give Wakeling a good character, but admitted they were aware of his having been summarily convicted:—John Maul, wheelwright, Old Kent-road; William Mallet, Richmond-place, East-lane, Walworth; Ann Dodd Smith, of New-road; and George Amer, a cab—driver.)
Transported for Ten Years.
Sixth Jury, before Mr. Sergeant Arabin.
1442. CHARLES FANCOTT was indicted for stealing, on the 5th of April, 1000 leaves of gold, value 2l. 17l., the goods of James Criswick, his master; and GEORGE BALDRY for feloniously receiving the same, well knowing them to have been stolen, against the Statute, c.; to which Fancott pleaded
GUILTY , and received a good character.—Recommended to mercy.— Confined Nine Months.
MR. CLARKSON for the Prosecution offered no evidence against
BALDRY— NOT GUILTY .
ZANOFONTE MARIA GASPERO FEDERIGO VANTENE . I am a looking-glass manufacturer, and live in King David-lane, Shadwell. On the 21st of April, I had some looking-glass frames in my window, which was open—some of them were carried away—I have seen part of them since—these produced are them.
Cross-examined by MR. PRENDERGAST. Q. Is your window open in front? A. Yes—it is not glazed.
Cross-examined. Q. What shop do you keep? A. A broker's shop—she was not intoxicated—I put the glass out for sale—I asked a woman 6d. for it—I have seen the prisoner several times, and knew no harm of her.
CATHERINE HURLEY . On the 21st of April, I saw the prisoner at the prosecutor's shop—she took up one glass—she looked at it, and put it down—she looked in the passage, and saw no one coming, she then took up the four glasses—I watched her—she took and offered them at a shop for 3s., and the woman said she would have nothing to do with them.
AMELIA GREEN . The prisoner came to me to sell a small looking-glass—I told her I did not want it—she said she was in great distress for victuals for her children—I at last gave her what she asked, which was 4d., for it—this is it.
ROBERT BYLES (police-constable K 216.) I found one of these glasses at Mrs. Harrold's shop—I apprehended the prisoner, and Harrold identified her—I found one glass in a privy opposite the prisoner's door.
GUILTY . Aged 32.— Confined One Month.
ELEANOR LAWRER . I am the wife of John Lawrer. I let a ready-furnished lodging to the prisoner and a man who came with her—she paid 4s. 6d.—she did not stop more than one week—I then went into the room and missed a blanket, the sheets, and a candlestick—these produced are them.
Prisoner. I meant to get them back on Saturday night, but I had not time as I was taken.
GUILTY . Aged 32.— Confined Three Months.
1445. JANE DOBSON was indicted for stealing, on the 2nd of April, 4 rings, value 1l. 2s.; 1 necklace, value 8s.; 2 bed-gowns, value 5s.; 3 shifts, value 10s.; 3 petticoats, value 4s. 6d.; 2 pairs of stockings, value 3s.; and 1 brooch, value 10s.; the goods of Henry Smith.
MARY SMITH . I am the wife of Henry Smith, and live in Wilton-crescents, Belgrave-square. I left the property stated with my sister in the Uxbridge-road, locked up in a trunk, and I kept the key—the prisoner's daughter was my sister's servant.
ANN ARCHER . I live in the Uxbridge-road. My sister left her box in my care—the prisoner's daughter lived servant with me, and the prisoner often came to see her, as she lived opposite—she had the power of stealing these articles—on the 1st of April I came to town, and left my house in
the care of the prisoner's daughter—when I returned I found the box had been opened by a false key, and the property gone.
JOHN BURFORD . I am a pawnbroker, and live at Old Brentrod. I have two petticoats, one of them was pawned by the prisoner on the 6th of April, and one was pawned before that, but in the prisoner's name.
Prisoner's Defence. I buy and sell things—I have bought pounds' worth of things of Mr. Burford—I never was in Mrs. Archer's house but twice.
GUILTY . Aged 42.— Confined Six Months.
1446. WILLIAM MORRIS was indicted for stealing, on the 28th of of April, 9 bolts, value 1s. 6d.; two iron clips, value 6d.; 1 iron socket and clip, and 4lbs. weight of iron, value 2d., the goods of James Wyburn and others, his masters.
SAMUEL HOARE . I am in the employ of James Wyburn and others, in Long Acre—the prisoner was their labourer. I suspected him, and on the 2nd of April I felt in his coat-pocket, and found these two clips, and other things—I took them out, and showed them to one of my employers—he marked them, and they were returned into the pocket—the prisoner put on his coat, and went about a quarter-past nine o'clock—he then went to a shop, where he was about to sell them—I went in, and said I was sorry that I should have to come after him for stealing his master's property—he said, "Don't make a noise about it, it is all over"—he had the property with him which I had marked—I searched his lodging, and found other property, which was identified.
Prisoner's Defence. Part of the property was Mr. Wyburn's, and part my own, which I bought some time ago.
GUILTY . Aged 50.— Confined Four Months.
JOHN BARR . I am a gardener, living on Bow-common, Bromley New Town. I was in town on the 17th of April, about three o'clock in the afternoon and about four or five I was in a public-house—I do not know the name—I was not drunk, but very tired—I went in and sat down—there was no one there but myself—I had seen the prisoner before I went in—she had drank part of three pints of beer with me—there was another party with her, whom I knew, but I had never seen the prisoner before—I had a ring no my little ringer, and 15s. in my right-hand pocket—they followed me from the Angel public-house, where we had, been drinking, to the George, and then the other person asked me to give her something to drink—I said I had had enough, and gave them 1s. to get rid of them—I then went on to another house, and there lost my money and ring—the prisoner did not go into that house with me—I did not see her there—I do not know the sign, nor what street it was in.
Prisoner's Defence. I did pledge the ring, but it was by the prosecutor's leave—he went down a lane with this woman, and she came up again, and said, I had taken the ring off his finger—she put it in my hand—I said, "Am I to pawn it?"—he said, "Yes"—I did it, and gave her the money—she said, "Don't be fool enough to do it for nothing," and she gave me 5s.
NOT GUILTY .
RICHARD SEXTON . I am a furniture broker, and live in Old-street. This is my table—I missed it at half-past four o'clock on Tuesday week—from what I was told, I went down the next street, and saw the prisoner, about one hundred yards from my shop, with it on his shoulder—he said a man promised him a pot of beer for carrying it—he appeared to have been drinking.
Prisoner. I had been drinking with some friends.
GUILTY . Aged 40.— Confined Two Months.
WILLIAM SIMMONS . I am a steel-worker, and live in Seven-dials. On the 30th of April I was in Holborn, between twelve and one o'clock at night—I met the prisoner—I was not sober—she wished me to go to a house with her—I declined—she then begged of me to give her a penny—while I was giving her the penny she rushed her hand into my left-hand trowsers-pocket—I had 10s. there—I felt her hand in my pocket—she drew her hand out of my pocket, and started off with all my money—I turned, saw a policeman, and said, "Did you see a woman pass?"—he said, "Yes, that is her"—he took the prisoner—three shillings were found in her mouth—I believe she swallowed the rest—I had eight sixpences and six shillings in my pocket.
HONORA CONNELL . I am searcher at the station—I searched the prisoner, and found nothing on her—she was accused of having robbed the man of 10s. 6d.—she said she did not know any thing about it, and she had nothing—I guessed by her speech she had something in her mouth—I could not open her mouth, and called a constable, and three shillings were taken from her mouth.
SAMUEL SEABRIGHT (police-constable E 88) After the prisoner had been searched by Connell she spoke to me—I got three shillings from the prisoner's mouth, and a penny from her hand—she was after that locked up in a cell—I heard her say to another prisoner that she would serve any one like it that was not decent enough to go to a house with her, and would offer her 1d. in the street.
JOHN SERGEANT. I met the prosecutor in Thorney-street—he asked if I had met a young woman running down the street—I told him to follow me—I took the prisoner in George-street—I asked him if that was the woman—he said yes—I asked her what she had done with the money—she said she had no money in her possession.
Prisoner's Defence. I met him at the corner of George-street; he gave
me 3s., and wanted to take liberties with roe; I ran away, and the policeman took me.
NOT GUILTY .
WILLIAM MASON . I am a printer and bookseller, and live on Clerkenwell-green. I had been sleeping out of town, and returned on the 19th of April—my daughter, who was sleeping in the house, gave me information—the prisoner was known in my family—he had been in my employ, but left me four or five weeks preceding—these are my books.
SYLVIA MASON . I am the prosecutor's daughter. On the 19th of April I came down about half-past seven o'clock in the morning, and the books were gone—I found the street-door and the shop-door open—I did not hear any one in the house that morning.
WILLIAM MASON re-examined. I returned to town on the 19th—I did nothing then, but, thinking they would come again, I got up every succeeding morning between five and six o'clock—on the Wednesday week following, when I came down, I heard the door open, and thought I heard a person entering the house—I waited, and as I heard no one come in I went through the shop to the door—I found the street-door open, and some books had been taken—the noise I heard must have been from their retreating—I gave information to the policeman—on the Saturday week following I heard some persons trying to enter the house—two persons came and pushed open the middle door, and came to the parlour, where I was sitting—they retreated, and I heard the prisoner say, "I think he is up"—I got up and ran after them—they ran to the door, and got out, and the policeman caught them—the prisoner was one of them—on him was found a pocket-book which I had missed before, but they took nothing on that occasion.
Prisoner. Q. On the Wednesday morning had the lodgers gone out before you heard the noise? A. Yes.
MR. MASON re-examined. These are two of my books, and two I lost on the 19th—I have traced a great many to other persons where he sold them.
Prisoner. I bought the pocket-book of him when I was in his employ.
GUILTY . Aged 19.— Confined Six Months.
WILLIAM MASON . This prisoner had worked for me about a month, and had left me about four weeks—he was in company with the last prisoner on the morning of the Saturday week after the 19th of April, and was stopped by the policeman—these books are part of those I missed on the 19th of April.
JOHN ARCHER (police-sergeant G 160.) I saw the prisoner Maybin open the prosecutor's street-door with a key, and go in, and this prisoner with him—when they came out I took them both—I found this pocket-book on this prisoner.
Prisoner. I was in Mr. Mason's service about six weeks ago—he paid me my wages the first week, but the next week only part of my wages—it went on for two or three weeks—I was not paid, and I took the books for money that was owing me.
MR. MASON. There is not the least truth in that.
GUILTY . Aged 18.— Confined Six Months.
OLD COURT.—Saturday, May 15th, 1841.
Second Jury, before Mr. Sergeant arabin.
GUILTY .— Confined Three Months.
GUILTY . Aged 17.— Confined Three Months.
GUILTY .— Confined Three Months.
1455. FREDERICK KALMUS was indicted for unlawfully, mailciously, and feloniously assaulting Henry Hatchett, on the 4th of May, and stabbing, cutting, and wounding him on the left side of his bead, with intent to do him some grievous bodily harm.
(The prisoner being a foreigner, had the evidence communicated to him by an interpreter.)
HENRY HATCHETT . I keep a coffee-shop in Wardour-street. On the 4th of May, about half-past eleven o'clock in the morning, the prisoner came and asked for a cup of coffee, and two slices of bread and butter—I served him—about five minutes after, he called for two more slices—he was served—it came to 4d.—I asked him for payment—he did not say he would or would not pay, but he did not pay me—he would not give me any answer—he got up, and was going out without paying—I went and stopped him at the door—he talked to me in French, which I did not understand—I asked him to speak to my wife, who understood French—she spoke to him in French, and said he owed 4d. for what he had had—he did not say he would or would not pay—he took some money out of his pocket, but did not offer to pay—he turned round, and was going away—he had a stick in his hand, and he struck me on the head with it—the knob came off—I had never attempted to strike him—I then took hold of his stick—we struggled, and he put his hand into his breast-pocket, drew out a thing, and stabbed me on the head, momentarily—it was not with the stick, but with some sharp instrument—the blood followed immediately, and I was blinded—a surgeon attended me—my wife called in the police, and the prisoner was taken into custody—no instrument was found—he was not searched till he got to the station-house—I never struck him at all.
JOHN MILLS . I am a policeman. I was called in, and found the prisoner—the prosecutor was completely covered with blood—he informed me what bad occurred, and said he had been wounded by the prisoner—I brought the prisoner out of the house—he kept his hand on the tail of his coat—I did not search him then, because the mob was so great about—if it had not been for me and another policeman he would have been torn limb from limb; besides, I could scarcely hold him—he appeared to have something in his coat-pocket, which he was guarding—he resisted so much that we were obliged at last to bind him, and carry him on a stretcher—I searched the place directly I returned from the station, but could find no instrument—I have not the slightest doubt that it dropped during the struggle.
MERVYN PATTERSON . I am a surgeon. The prosecutor came to my house a little after twelve o'clock in the morning of the 4th of May, with his bead bleeding—he had a wound on his head, which appeared to have been inflicted not with a sharp instrument, but with a stick—I signed these depositions—(looking at them.)
Q. You now swear directly contrary to what you swore there? A. I beg your pardon—I know what I swore at the police-office, if it was correctly taken down—it might have been done with a sharp instruments but might have been made with a stick.
Q. What you say here is, "It appeared as if it bad been made by a sharp instrument?"A. It was what we call a clean wound—I would not swear it was done by a sharp instrument, it might have been—I told the Magistrate I would not swear it was done by a sharp instrument—the wound was bleeding—it was about an inch and a quarter in extent.
JURY. Q. Would the stick produced be likely to produce such a wound? A. Yes—I stated so at the policeoffice, but they have not given the words as spoken by me, though the facts are the same—in my opinion a stick like that would produce the wound I saw—I am also of opinion that if a sharp instrument had been used with the force the prosecutor mentions, on that part, it must have proved fatal; and supposing it had not gone far enough to become so, it could not have made a cross wound—a stab would have made an inward wound—before I ever saw this stick, I stated at the police-office that a round stick would make a similar wound.
Prisoner. He deceived me with a shilling, which I gave him back, Witness. He never gave me a farthing.
GILBERT M'MURDO . I am surgeon of Newgate. The prisoner has come under my observation—I have heard it doubted that he is not of sound mind—by desire of the Court, I have conversed with him some time in his own language—I received a succinct account of the occurrence as he chose to relate it to me—I questioned him, and the whole of his manner led me to believe that he is not of unsound mind, or rather, that he is answerable for his actions—I have no reason to think him of unsound mind—that was my opinion, and is now.
GUILTY . Aged 30.— Judgment Respited.
Before Mr. Justice Coltman.
MR. DOANE withdrew from the Prosecution.
NOT GUILTY .
NOT GUILTY .
1458. ELOY JACQUES DESCHAMPS and FELICITE DESCHAMPS , were indicted for stealing, on the 24th of April, 3 artificial flowers, value 2s.; 1 crown, 12s., 1 sixpence, and 1 groat, the property of George Watts.
(The prisoners being foreigners, had the evidence communicated to them by an interpreter.)
CASSANDRA WATTS . I am the wife of George Watts, of Mortimer-street, Cavendish-square. On the 24th of April, about half-past eight o'clock in the evening, the prisoners came into our shop together, and asked to look at some artificial flowers in the window—the woman spoke—I showed them to her—she chose three of them—I put them into paper and gave them to her—she told the male prisoner to pay for them—he said he had no change, could I change a sovereign?—I said, "Yes, Sir," and the female walked out of the shop with the flowers—I put 17s. 10d. on the counter, and said I had not sufficient change, and must trouble him to send for change—he immediately put a farthing down instead of a sovereign, and instantly took up the 17s. 10d., and said, "Never mind, I will call tomorrow," and ran out of the shop—it was all done instantly—I detected my mistake, and when Mr. Watts came in, he went and gave information to the police—I took up the farthing, supposing it to be a sovereign, but the prisoner was gone—my husband came home in a quarter of an hour—I saw the prisoners at the station on the 7th of May—I had never seen them before the 24th of April—the male prisoner was shown to me at the station, and I saw the female next morning, pass the shop with a policeman—I am certain the prisoners are the persons—I know them both by their general appearance—when I saw the male prisoner at the station, I said, "You are the man that came to the shop and gave me a farthing for a sovereign"—he appeared not to understand me—he made some answer in French—I gave the farthing to the policeman—the male prisoner had a cloak on at the shop.
MARTHA WILSON . I saw the prisoners together in my shop on Friday, May the 7th—the man was taken into custody after leaving my shop two or three minutes—the woman had run out of the shop, and was taken next morning—I am sure she is the person—I saw her next morning at the station—they both spoke English while they were in my shop.
E. J. Deschamps. I was not in her shop at all—I cannot speak English, nor can my wife. Witness. I am quite sure of them.
THOMAS WALLIS . I am a policeman. The male prisoner was given into my custody on the 7th of May, by Mr. May, who keeps the shop where Miss Wilson lives—he had a cloak on of the description Mrs. Watts had given.
received from Mrs. Watts, on the night of the 24tb—it was quite new and bright—it had not been gilt.
Eloy Jacques Deschamp's Defence. I have never teen the prosecutrix at all—I have only been six weeks in this country, and cannot speak a word of English—I could not make any one understand when I was apprehended.
Felicite Deschamp's Defence. I have nothing more to say than my husband has said.
E. J. DESCHAMPS— GUILTY . Aged 32.— Transported for Seven Years.
F. DESCHAMPS— GUILTY . Aged 28.— Confined Six Months.
(There were two other indictments against the male prisoner.)
THOMAS HARISSON . I am a confectioner. I was returning from work on Friday evening, the 7th of May, and found the prisoner in custody in my shop—Frere said in his presence that he had been taking some cake out of the window—I called a policeman) and gave him into custody—he denied the charge.
Prisoner. A coalheaver and a little girl came over and said I was not the boy.
HENRY CHARLES FRERE . I was standing opposite Mr. Harisson's shop, under a blind, out of the rain. I saw three boys—one of them made a snatch at the pastry, and gave it to the two others, who ran off, dropping it as they ran—the prisoner dropped some—I caught him and brought him over to the shop—the others made their escape—I never lost sight of him.
Prisoner's Defence. I was standing at the corner of the court—the boys ran by me, and dropped a bit of cake—I went to pick it up, put a bit of it into my mouth, and the man took me.
HENRY CHARLES FRERE re-examined. It was a kind of mince cake they took—he was not standing in a court—they all three ran down the court—the shop has an open window—one of them snatched it, and gave it to the others—they all got some—it was not the prisoner who took it.
NOT GUILTY .
ELIZABETH ALBANY . I am the wife of John Albany, who keeps a second-hand clothes shop in Castle-street, Bloomsbury. At half-past twelve o'clock on the 4th of May I left home, and returned about ten minutes to six—I found I was wanted at the station, where I saw this gown and the prisoner, who was in custody—it is my gown:—I had left it safe hanging for sale, on an inner door.
GEORGE BOTT . On the 4th of May, about six o'clock in the evening, I was standing in George-street, St. Giles—a young man came to me and said, "Stop that man," meaning the prisoner—I went and stopped him, and took the gown, produced, from under his arm—I said, "I want you"—he made no answer—I took him to the prosecutor's shop—I did not ask
where he got it—there was a little boy in the shop—he said his mother was not at home—Mrs. Albany came to the station, and charged him before the inspector with stealing the gown from her shop—he said nothing to the charge.
ELIZABETH ALBANY re-examined. This is my property—I know the mate—it had been in my shop five months—I left my son, who is between nine and ten years old, in the shop—he was not allowed to sell things—if a customer came in he was to call a lodger—the inner door is four or five feet from the street.
Prisoner's Defence. I sweep a crossing in the City, and have done so for ten years—I saw the gown lying by a door—I took it up, and said to a man, "Do you know who this belongs to?"—he said, "No, take it and keep it"—I walked on with it, and the man who I asked if it was his, followed me and gave me in charge—the man would not come against me, he gave a false direction.
NOT GUILTY .
REBECCA DRIVER . I live in Shakspeare's-walk. On the 3rd of May the prisoner came into my father's shop for two halfpence for a penny—I gave them to him—he went out and stood by the window—he then came in again and had a halfpenny loaf, which he put into his pocket, and was going out—I asked him for the halfpenny, and he threw it at me—he then went out again, and came in for a halfpenny-worth of cheese—he went out up the highway, and I went into the back-room to sweep the hearth—I then saw Ladeley's boy taking a 71bs. weight—(he has not been caught yet)—he took it from the coal-cellar, which is in the shop—I held him by the neck—he said, "I have not got it, that boy has got it," pointing to the prisoner—I let him go, and then they all three ran down the street, and laughed at me—there were three boys—I saw the prisoner on the other side of the way, with the pot under his arm, before I let the other boy go—I went to look for our pot, and it was gone from the shelf at the back of the counter—it had 2s. in copper in it—the prisoner could have got into the shop without my-knowledge, while I was in the back-room—I called my mother down stairs, and told her—I was standing at the door when I saw him with the pot in his hand—Ladeley's boy was then outside the door—I had let him go—we have not either got pot or money back.
MARY ANNE DRIVER . I am the wife of John Driver. I was up stairs when this happened—my money was in a pewter half-pint pot—there was 2s. in it, as near as I can tell—I had put half a crown's worth of copper in, and gave out 6d. about three hours before my little girl called me and told me this—I went to a policeman, and went to the prisoner's father's house directly, but we could not find him till the 7th of May.
JOHN RYAN . I am a policeman. I was going down the Commercial-road, and a boy came up to me, showed me the prisoner and two more boys, and said he had stolen a half-pint pot and some money from Mrs. Driver—they ran away—I took the prisoner on the 7th of May—I found 1d. on him.
Prisoner's Defence. When I went home at night my father told me that a woman had been to our house and said I had broken a window; and on the Friday following they took me up when I went home—the little girl
and two boys named Ladeley and Anderson came over the fields to me, and told me that they had the half-pint pot—that is all I know about it.
REBECCA DRIVER re-examined. I am sure it was the prisoner I saw with it—he lives in Leader-street, not near us—I did not know any of them before—it was about five o'clock in the afternoon—I saw the prisoner—I again on the 7th, when the policeman brought him to our house am quite sure of him—I know him by his appearance.
NOT GUILTY .
THOMAS RUDLING . I am a policeman. On Thursday morning, the 13th of May, about a quarter after six o'clock, I was in Charles-street, and saw the prisoner coming down the street—by the way in which he carried his head, I thought he had something in his hat—I stopped him, took his hat off, and asked what he had got there—he made no answer—I took it off, and found this pint-pot in it—I asked where he got it—he said he had found it—I took him to the station, and there he said, "You may as well have the lot," and gave me this quart-pot, cut up, and three others from his coat behind.
THOMAS MARSHALL . I am in the service of George Anthony White. This pint-pot belongs to him, and has his initials on it—I missed one the morning this was found on the prisoner—we live about half a mile from Mr. Williaras's.
Prisoner. Q. What time does your house open in the morning? A. About six o'clock—I missed it when I was collecting the pots, about half-past nine—I had not seen you there.
Prisoner's Defence. I found them in a dung-hill, in a livery-stable yard; I found the pint-pot about half a mile away from where I found the quart.
GUILTY . Aged 20.— Confined Six Months.
EDWARD CAMBRIDGE STIBBS . I live in Holywell-street, Strand. On Tuesday evening, the 4th of May, I was sitting at my desk, between eight and nine o'clock, and saw the prisoner leaning over the window outside, in a particular position, which attracted my attention—my books were in a recess outside—the window is thrown back, and he was leaning over a row of books—I watched him for a few minutes—he hastily walked away—I stepped out immediately, and missed a book, by seeing a vacancy—I followed him down the street—he stopped at No. 33, and looked in at the window—I collared him, and said, "Young man, what have you there, what business have you with that book?"—he gave no answer—I pulled the flap of his coat back, and it was concealed under it—it was not buttoned, but he held it with his arm—I took him back, and sent for a policeman, who took the book from him—my own handwriting is on the book—I am positive I had not-sold it—I had seen it that morning.
Prisoner. Q. Did you see me take it? A. No.
Prisoner's Defence. I was walking by the shop, and stopped to look it some books; I put them down in the same place, and walked away; I saw the book lying down by a Jew's shop, next door, by the side of the curb—I took it up, walked over to the picture shop, opened it, looked at it, and then put it under my jacket, when the prosecutor came and took me.
GUILTY . Aged 15.— Confined Fourteen Days, and Whipped.
HENRY BULLIVANT . I am a bookseller and stationer, and live in Bed-ford-row, Barnsbury-street, Islington. The policeman brought a ring to me on Wednesday, which is my property—I cannot tell when I had seen it last, but, to the best of my recollection, I had put it into a waistcoat-pocket, within three weeks of that time.
PHŒE HARVEY . I live in South-place, Lower-road, Islington. I employ the prisoner to wash for me—the policeman came to me to know if I had lost any thing—I said, "No"—I did not know any thing about the ring—I wash for Mr. Bullivant—nobody assists me but the prisoner.
WILLIAM SMITH . My father is a pawnbroker. I know the prisoner—I saw her on Monday last in my father's shop—she offered an emerald ring to pawn—I took it from the shopman, and seeing it was valuable, I asked her where she got it—she said her son found it in a cart of dust or breeze, belonging to Mr. Webb, of John's-lane; that he was shooting the dust from the cart—and she produced a pair of sugar-tongs and a tea-spoon, which she said was found at the same time—she was in the habit of pawning at our shop.
NOT GUILTY .
BRIDGET SMITH . I live in Shelton-court, Bedfordbury. The prisoner came to take a room of me last Tuesday week—she slept there on Wednesday night—she gave me the key on Thursday morning, to get a pane of glass mended—I returned it to her on Thursday night, and did not see her again till the Friday—she was taken into custody last Wednesday—I had gone up stairs on the Monday, as I had not seen her—I unscrewed the padlock, and missed the blanket, sheet, and counterpane, belonging to my father, John Cole.
Prisoner's Defence. I did not take them with intent to keep them, or I should not have kept the key in my pocket—I meant to return to the room again, and did not expect she would open the door—when the gave me in charge I offered to get them back, and pay the rent, but she said she had lost articles before, and I should suffer for it.
GUILTY .— Confined Six Months.
WILLIAM HENRY PUTNEY . On the 25th of February, I was in the service of William Orr—the prisoner was occasionally in his employ as a labourer, for nearly twelve months—I was told to watch him, and about quarter after six o'clock that evening, he came to do up the horses as usual in the stable—he locked the door, and went away with a bundle under his arm—I said, "Lack, what have you got there?"—he said, "Why, don't make a noise, I can put them back"—I then said, "If you have got nothing you are ashamed or afraid of, come round with me to the governor? I have his orders to watch you, and have done so"—he said he would not go round, he should be obliged to see him in the morning—we walked down the yard together, and as he would not go with me, I took the parcel from him, and took it to Mr. Orr—I opened it in Mr. Orr's presence, it contained fifteen brushes—I left them at Mr. Orr's—I left the prisoner at the end of the gateway, talking to Perry the carpenter, and when I returned in a quarter of an hour he was gone.
Cross-examined by MR. PAYNE. Q. Did you see him afterwards? A. Yes—I met him in Holborn about a month or six weeks after, and said he had better keep out of the way, for if Mr. Orr saw him, he would be sure to punish him—he was taken into custody afterwards in Britannia-fields, a very little way from my master's—Perry is not here—I have not been in any particular trouble—I was charged some time ago at Worship-street with exposing myself, and I suffered for it—a lad who works for Mr. Pemble was present when I took the brushes from the prisoner—he is not here—I did not know where the prisoner lived—I know it it somewhere in Windsor-street—I did not go to look after him—he had 2s. 6d. a day.
WILLIAM ORR . I am a merchant. I have several warehouses at Islington, The prisoner has been in my employ about a year—in the summer be had 18s. a week, and 14s. in the winter—he had to pack goods for exportation, or any thing else, and looked after the horses—on the 25th of February, Putney brought me a parcel of fifteen brushes, which I know to be mine—I had had them packed up for six months previous—I had not seen them after—they were packed up ready to be exported—they had never been off my premises—I went and examined the cases they should have been in, and found three cases, which had contained fifteen or sixteen dozen, nearly empty—I think there were not above two dozen left in the three cases—these things were bought by me for the purpose of exportation—they correspond with those I missed—here are ink marks on them which correspond with those left behind—I have not the least hesitation in swearing they are my property—he took away all the large ones, and left the small ones—here is a cross on one
and a figure "4," which denotes the size of the brush—the marks are not made by me, but by the manufacturer—there are no marks made by ray. self—I kept the brushes in my possession till the prisoner was found—I then gave them to the police—the prisoner left my service when four days' wages were due to him—he went away without demanding them—I never saw him since till he was apprehended—I gave information at the station on the night of the robbery.
Cross-examined. Q. You ordered these things at the manufacturers? A. Yes, and they were sent home in prickles—I saw them packed for exportation—the cases they were in, in my warehouse, were the cases they were in to go abroad in—I saw a quantity of brushes there—I cannot tell whether I saw these identical brushes—Putney told me he had seen the prisoner before he was taken into custody—I have been on the look-out for him ever since—he was taken a quarter of a mile from my house—I had three carpenters, the prisoner, Putney, and my son-in-law, in my employ at the time of the robbery.
GUILTY . Aged 85.— Transported for Seven Years.
ANN FRITH . I am the wife of William Frith, and keep a shop in Taylor's buildings. On Tuesday night, the 11th of May, I went out a little before eight o'clock, leaving nobody in the house—I fastened the shop door after me, and tried it—the shop-door is in the passage—the street-door stands open in the day-time—after shutting the door, I went next door to leave my key—I stood talking for a few minutes by the next window, and heard a dreadful crash, which sounded as if it came from our house—I immediately went to the shop-door, and saw the prisoner in the passage—I asked him if he had been knocking at the door, and if he wanted anything—he said no, he had not been knocking at the door, neither did he want anything—I then returned to the same window again, and left him standing in the passage—in about five or ten minutes after heard the shop-door open—I immediately went back again to the door—the prisoner was then inside the passage, not inside the shop—I did not speak to him then—he went by me, and came out—I then pushed the door to see whether it would open or not, and it went open—I immediately ran after the prisoner, overtook him, and said, "Young man, you have been to my shop"—he said, "No, I have not"—I said, "Then you must come back, and satisfy me that you have not been in;" and he came back with me—I kept him standing in the shop till some one fetched a policeman—he made no resistance—when the policeman came, he asked what was the matter—I told him a man had broken open the door—he asked what I had lost—I said I did not know—he told me to look—I went to the till, and missed from a cup in the till two shillings and two sixpences, which I had seen there before I went out, and two weights—I was present when the prisoner was searched at the station—one shilling, and 6d. in copper, and the two weights, were found on him—I knew the weights again—I have had them a long time—they were my mother's—I am confident they are what I lost—I
have never seen any like them—when I returned back again, I observed that the lock of the shop-door was strained.
Cross-examined by MR. PAYNE Q. Has the prisoner been in the habit of dealing at your shop? A. He has for nine or twelve months—this happened about eight o'clock in the evening—it was getting duskish—there is nothing particular about the weights—I had used them in the course of that day—I had weights like these, and believe them to be mine—I took particular notice of the prisoner—he did not appear to be in liquor—I sell tobacco.
COURT. Q. How lately before you shut up had you used those weights? A. In the course of the afternoon—they are half ounce and ounce weights and I missed those weights—I did not miss them till he was searched—I had only looked to the money then—the weights were in the till.
JOHN MARKS (police-constable F 61.) I was fetched to the prosectrix's shop, and took the prisoner into custody—I searched him, and found on him one shilling, 6d. in copper, and these two weights—he said he went for some tobacco, that he had not been in the shop.
Cross-examined. Q. Did he say he "had to wait for some time? A. Yes, but found no lady there—I found the weights and money all together in his trowsers' pocket—I did not search him in the shop as there was a crowd round the door, and I thought he might escape, I having no assistance—he appeared sober.
NOT GUILTY .
First Jury, before Mr. Recorder.
MR. PAYNE conducted the Prosecution.
MARY MERRICK . I live in Loop-alley, Wapping-wall. Maurice Merrick Ived in the house at the time—on the 27th of March, I went out at near nine o'clock in the evening, leaving two children in bed—when I returned, I missed this jacket from the kitchen table—I afterwards saw it hanging up at Mrs. Phillips's door for sale, and got it.
Cross-examined by MR. BALLANTINI. Q. Did Mrs. Phillips give you a description of the man who sold her the jacket? A. Yes—I did not recognise the prisoner by that description—I did not find him for a month afterwards—I made inquiry for him at his house—I have seen him about half-a-dozen times since Mrs. Phillips gave me the description—I have a daughter who was tried here this week—she was living with me at the time the jacket was lost, but was not in the house at the time—I have never had any quarrel with the prisoner before he was charged with this offence—I have since, when I found that he had kept my daughter for a fortnight after robbing her master—I met him in the street, and challenged him with it, but saw no officer then—he used a great deal of bad language to me.
MARIA PHILLIPS . I keep a new and second-hand clothes shop, in Bine-gate-fields, Shadwell. On the 25th or 27th of March, about nine o'clock in the evening, the prisoner brought this jacket to sell—it looked very small, and I asked if it was his property—he said, "Yes"—I said I did not believe it, it was so small—I asked him to try it on, which he did—it was short in the sleeve, and I said, "It is not yours"—he said it was, that he was a waterman, and wanted to sell it as it was too small—I gave him
2s. for it—I hung it up at my door for sale, and gave it up to Mrs. Merrick when she came next day with the prosecutor.
Cross-examined. Q. You described to her the person who brought it? A. Yes—I had seen the prisoner before in the neighbourhood—he used a public-house facing us—I have heard him called by name—I did not tell Mrs. Merrick his name—she did not ask me—she knew by the description I gave that it was John Donovan—I do not know that John Donovan has been about the neighbourhood ever since, I never took notice—I have never seen him since the jacket was brought, or else I should have taken him up, for I lost my money by it.
Cross-examined. Q. Had you known Donovan before? A. By sight, but not to speak to him—Mrs. Phillips described the man that sold her the jacket—I did not recognise the prisoner by that—I suspected it was him—I have seen him since then, but never charged him with this—when Mrs. Merrick's daughter was taken, she made some disclosures about the prisoner, and we made sure he was the man then—we were not certain of it before—she said she had given him the jacket, and he bad sold it.
GUILTY . Aged 23.— Confined Six Months.—See page 35.
ANN KILEY . I live in Blandford-mews, Marylebone. The prisoner lodged with me seven weeks—on Easter Tuesday, I got up about eight o'clock, and she was gone—she had given me no notice—I missed the articles stated—I afterwards found her in Marylebone-court, charged her with robbing me, and gave her into custody—she had got my gown on—she called me a bad name, and said I had given it to her—I had not, nor did I allow her to wear my clothes—my shift was found on her also.
Prisoner. She gave me the gown to mend, and said I might wear it—a lady gave her 8s. or 9s. on Easter Tuesday to go to market with, instead of which she spent it with a man—I did not like to stop in the place after that—she said I might leave if I thought proper—she stopped out till two o'clock in the morning on Easter Tuesday, with this man, and left the children without a bit of victuals—I told a woman in the next room that I should leave, which I did, as she was a wicked woman—and then she said I stole these things.
THOMAS MADIGAN (police-constable D 67.) I went with the prosecutrix to Marylebone-court—she gave the prisoner into custody, and claimed the gown the prisoner had on—the prisoner said it had been given her—I produce a shift which was taken off the prisoner by a female searcher.
GUILTY . Aged 34.
MARY CORBKTT . I am single, and live in St. John's-wood-grove. I did lodge in Kelso-place, Marylebone—the prisoner lodged there for two nights in the same room. On the Sunday morning I observed her getting up—when she was gone I missed my gown, boots and apron, with some halfpence, and a duplicate in it—I saw no more of her till I saw her at the station—she then had my boots on—I took them off—I am certain they are mine—there is a bit of tape by which I know them.
Prisoner's Defence. I know nothing about them.
GUILTY . Aged 34.— Transported for Seven Years.
1471. WILLIAM CROUCH was indicted for stealing, on the 2nd of May, 1 jacket, value 10s.; 2 handkerchiefs, value 18d.;3 neckerchifs value 2s.; 3 shirts, value 5s.; 2 pairs of boots, value 10s.; 2 pairs of trowsers, value 7s.; and 1 coat, value 4s.; the goods of Marcus Hale; and that he had been before convicted of felony.
MARCUS HALE . I live in Union-place, New-road. On Sunday, the 2nd of May, I went out, and took my key with me—I returned at a quarter past eleven o'clock—I got in by a latch-key, which I had with me—I found my parlour-door open, and missed a pair of boots from the shop-window, and from the parlour a silk handkerchief, an old pair of Welling-ton boots, and other things—I examined my apprentice's box, and found all his clothes were gone, as well as himself—I have never teen him since—I had left him in charge of the house—on the Thursday after I saw the prisoner in Paradise-street, at the corner of Gravel-passage, leading to Marylebone Police-office—he had on a pair of trowsers and boots belonging to me—I questioned him—he said he had bought them of a Jew in Holborn for 6s.—I had never seen the prisoner near my premises—I do not know what has become of the apprentice—I have made every inquiry, but cannot find him any where—the things the prisoner had on were part of the apprentice's apparel which I had given him to wear—I have not found any of my own things but the boots—the apprentice was transferred from Mr. Sparkes, of Guildford-street, to me—I have made inquiry there, but can ascertain nothing about him.
JOHN STANLEY (police-constable D 48.) The prisoner was brought to me by the prosecutor—he said he knew nothing of the apprentice, that he bought the clothes of a Jew, at the corner of Hatton-garden, and gave him 6s. for the lot.
CAROLINE MINELL . I am the apprentice's sister—the prisoner came to me on Wednesday, the 5th of May, and asked me to give him some money for my brother, for he was in the station—I gave him 1s.—he represented himself to be the young master, and that he wanted to get my brother out—he said he had got-in through a piece of work, that he got in on Monday night—he came again, and asked if I would give him 18d. more,
to make up 6s.—I gave him half-a-crown, to get my brother out of prison—he said he was then going to take him off to his father's.
GUILTY . Aged 17.— Transported for Ten Years.
(There was another indictment against the prisoner.)
1472. JOHN M'INTOSH and ELIZA M'INTOSH were indicted for stealing, on the 22nd of April, 2 sheets, value 1l.; 1 counterpane, value 10s.; 2 spoons, value 14s. 6d.; 2 blankets, value 12s.; 1 set of fire-irons, value 5s. 6d.; I looking-glass and stand, value 5s.; 1 tea-pot, value 3s. 6d.;1 table-cloth, value 5s.; 2 towels, value 2s.; 2 pillows, value 11s.; and 2 pillow-cases, value 1s. 6d.; the goods of John Perry.
JOHN PERRY . I am a writing clerk, and live at No 9, Barnsbury-row, Islington. The prisoners lived in a furnished room of mine—the female took the room—I traced some of the stolen property to the pawnbroker's—I then applied at the station, and charged them with robbing me—I missed the articles stated from their room—they lived as husband and wife—I have no reason to believe they are not—their conduct in that respect was, I believe, perfectly correct.
JAMES STEWARD WALLIS . I live in Upper Penton-street, Penton-ville. I produce two sheets, a blanket, a pillow, a looking-glass, a counterpane, a tea-pot, a table-cloth, two towels, and some fire-irons—part of them were pledged by the female prisoner—the sheets and fire-irons an the only articles I can speak to.
John M'Intosh's Defence (written.) "I declare most solemnly that, in pawning the articles from my lodgings, I had no idea of defrauding my landlord of a single fraction; nor was I conscious of committing an offence of such magnitude as to subject me to a criminal prosecution. Distress alone forced me to pledge those articles; and as I was in daily expectation of receiving 20l. I had written to a friend for, I bad no other intention than to redeem them. I might also urge my wife's illness, but, however, must throw myself entirely on the mercy of the Court. The only explanation that it appears necessary to trouble the Court with, regards the dates on which the articles were actually pledged, and those on which they appear by the tickets to have been pledged, which are wholly at variance; for instance, the spoons and a table-cloth were pawned about five weeks ago, and the table-cloth taken out three weeks after, when a fresh ticket was issued for the spoons, by which means it would appear by the tickets that the spoons and sheets were pledged on the same day, whereas they were pawned at intervals of a week and fortnight. The same remark holds good as to several other articles. I have been induced to enter into this explanation from a remark made by the Magistrate's clerk to the effect that the sums received on certain days were more than my absolute wants required, and therefore distress could not have driven me to the commission of the offence."
JOHN M'INTOSH— GUILTY . Aged 40.—Recommended to mercy by the Jury and Prosecutor.— Judgment Respited.
ELIZA M'INTOSH— NOT GUILTY .
Prisoner. I did not steal them; I went to the shop to inquire for boots; I took up the hoots to look at them, and brought them to the next shop door a young man came out and shoved me along four or five doors, and gave me into custody.
THOMAS LEE . I live in the same house as the prosecutor. I law the prisoner, at seven o'clock on Wednesday, with three others—they went to offer an article for sale, and while they were doing so the prisoner walked sway with a pair of shoes—I followed him—he dropped them four or five doors off, and I brought him back.
Prisoner. I get my living by selling apples and oranges; I have a wife and children; I was not in company with any one; my wife gave me the money to buy the boots.
GUILTY . Aged 24.— Confined Six Months.
1474. MARY HESSIAN was indicted for. stealing, on the 5th of November, 1 table-cloth, value 2s.; 1 pillow-case, value 1s.; 1 towel, value 6d. and 1 apron, value 9d.; the goods of Alfred Bradford, her master; and that she had been before convicted of felony.
ALFRED BRADFORD . I am a grocer, and live in Queen-street, Edge-ware-road. The prisoner worked at my house as charwoman for two years—I lost the articles stated, and found them at Tomlinson's, the pawnbroker.
(Property produced and sworn to.)
Prisoner's Defence. He did not find the duplicates till after I was committed.
GUILTY . Aged 32.— Transported for Seven Years.
TIMOTHY WELLS . I am a policeman. I apprehended the prisoner—he had the jacket on his back—I found a duplicate of the plane in his pocket—he said it belonged to his father, and they came to him at his
death—I afterwards found his father was alive—it was pawned on the 8th of May for 1s.
(Property produced and sworn to.)
GUILTY .* Aged 18.— Confined Six Months.
JAMES TITE . I work for Mr. Charles Hodge, an iron-master, of Chel-sea—I live in Queen-street, Chelsea. On the morning of the 8th of May, I saw the prisoner coming out of master's premises with a bag on his shoulder—I asked what he had got—he said, "A bit of iron"—he threw the sack down—I found 281bs. weight of iron in it—I gave him in charge—a boy was with him, who got away.
Prisoner. The other boy put it into the sack—directly he saw the policeman he ran away. Witness. I saw him coming out of master's premises through the door-way with it—he was inside the door.
GUILTY . Aged 13.— Confined One Month.
NEW COURT.—Saturday, May 15th, 1841.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 19.— Transported for Seven Years.
EDMUND HACKER . I am foreman to John Jay, a builder, at London-wall—the prisoner worked for Mr. Jay, at Westbourne-place, Bayswater. At half-past one o'clock on Thursday week last, the policeman brought some lead there—I saw it fitted to the lead on the ground-floor—I considered it agreed very well—it was Mr. John Jay's lead—I had seen it salt on the Monday before—the prisoner did not go to work there till the Wednesday morning.
JOHN JAY . I am a builder, and have buildings at Westbourne-place. The prisoner was employed by me—I did not see this lead safe myself at all—the policeman came with the lead—I saw it unrolled, and compared with the lead there; it exactly corresponded—I could not swear to it, having no mark on it, but I have no doubt about it.
Cross-examined by MR. PHILLIPS. Q. Are you under contract to use lead of a certain description? A. Yes—I should say this is 5lbs. lead—the lead by which I matched it, is from 4 1/2 lbs. to 5lbs. lead—I have not weighed this.
JOSEPH WALKER (police-sergeant D 5.) At half-past five o'clock on Wednesday afternoon, I met the prisoner, and stopped him carrying his jacket—I asked what he had got—he said, "A bit of stuff"—I said, Where did you bring it from?"—he said, "From a job I have been
about"—I said, "Where?"—he said, "The railway"—I said it was lead, and be must go to the station—he said hit name was Smith—I took him, and found 34lbs. weight of lead inside the front of his trowsers, with two books put to his braces, and a strong belt round him, two nails pat into it, and 11lbs. weight of lead in his jacket pocket—he was remanded—I went and matched the lead at Mr. Jay's—it matched exactly—I have no doubt about its being his lead.
Cross-examined. Q. Is there any of the lead here which you matched with that found on the prisoner? A. Yes, here are the middle bits that the plumber cut off, which I matched this with.
(The prisoner received a good character.)
GUILTY . Aged 31.— Confined Nine Months.
Fourth Jury, before Mr. Common Sergeant.
SAMUEL HART . I am superannuated from the East India Company's service, and live in Lower Chapman-street. On Tuesday, the 4th of May, received my pension, I was going home, and met the prisoner—I went home, and slept with her—when I went to bed I had five sovereigns and two or three shillings in my trowsers' pocket—I when I awoke the prisoner was gone, and my money—I had rolled my trowsers up, and put them under my head—in the afternoon I found the prisoner at her lodgings—she was rather tipsy—she said she had not got it—about 9s. has been found.
Cross-examined by MR. ESPINASSE. Q. What are you? A. A labourer. I had been drinking a little—I do not know whether the door was fastened.
JOSEPH HARROD . About six o'clock on this Wednesday, I was in the Commercial-road, and saw a crowd at the top of Albion-street—I crossed, and ascertained that a woman had robbed a man of fire sovereigns—I went to the house where the money was lost, and saw Mr. Hart—he said he had been robbed of five sovereigns—I went up stairs to search the house—there was no one there—I returned to the street, and saw the prisoner at the top of the house, outside—I went up into the top room of the house, and discovered a hole in the roof of the cupboard which leads into a loft between the tiles and the ceiling—I passed through there on to the roof, and saw the prisoner behind a stack of chimneys, and having heard that she talked of throwing herself off, I went cautiously—she did not see me till I sprung on her, and caught her in my arms—she struggled, and said she would throw herself off and me too—I got my legs round the chimney, and remained there till two officers came to my assistance—we tied her hands and feet, and carried her down through the hole—we got her into the room, and accused her of having robbed the man of five sovereigns—she said she had not—I found this handkerchief under the bed with 9s. in it.
GUILTY . Aged 22.— Confined Three Months.
JOHN M'CULLOCK . I am shopman to James Labrum, in Tottennam-court-road—he has another shop in St. Martin's-court. Between five and six o'clock on the evening of the 5th of May, the prisoner came to the shop in Tottenham-court-road, and bought a pair of half-crown shoes—when she went away the boy told me she had taken this pair of shoes—I told him to follow her—he did, and in half or three-quarters of an hour he returned with a pair of patent leather shoes, which were the property of James Labrum. I took the boy and constable to 16, Devonshire-street—I had not sold them—she had taken away the shoes she bought.
FRANCIS FARDELL . I was in the parlour between five and six o'clock evening, when the prisoner came into he shop—I did not see her sit down—I had my back towards her—she was fitting shoes in my presence—I turned round and saw her take a pair of shoes off a nail on a rail of shoes that hung over her head as she sat down—she put them down as she sat, under her cloak, or on the form by her side—I gave information when she went out, and Mr. M'Cullock directed me to go after her—I overtook her at the corner of Grafton-street—I said, "I believe you are the person who bought a pair of shoes at the Noah's Ark just now?" she said, "No, I am not"—I saw her go out of the shop, and I only knew her by her bonnet—I did not see her face in the shop—I asked her to come back—she said, "No, I can't—I am in a hurry. I followed her to 16, Devonshire-street, Portland-place—she knocked at the door—I got between her and the door, and said I thought she had a pair of shoes, and she must give them me up before she went in—she dropped one of them—it was a patent leather shoe—I will not swear it was one of these, but it was one of this kind—she then picked it up and put it under her cloak, and gave me the pair from under her cloak—I took them home to my master s—the shopman afterwards took me with him to the house, and told me to go and get a policeman—I went to her house—when I went inside I heard her say something to Mr. M'Cullock—I cannot tell you the words she said, and I would not like to say any thing.
Cross-examined by MR. PHILLIPS. Q. Is the shopwoman here who sold her the shoes? A. No—I know a person named Timms—I do not know that he is a friend of the prisoner's—I went to his house—he was not quite a stranger to me—I had seen him at the police-court before—I saw him speak to my master—I went to his house because the shopman told me be wanted to speak to me—I did not go before the Grand jury in this case—did not know Maloney, the policeman—I have not spoken to him on this case—I cannot recollect—I said no, because I have not seen the policeman since I left the police-court at Marylebone till I came to this yard—I spoke to him before I got to the police-court, because I told him he was wanted—I might have said a word or two more—I left my master's place since this business, but not till after a week's notice—I shall be in a situation on Monday as an apprentice—I have been living at home since last Saturday.
Q. Upon your solemn oath, did you not say that the prisoner asked for forgiveness in her own house, and said she would never do it again—did you swear that? A. I forget whether I did or not—I did not—I cannot remember word for word what I said at the police-court—I did not hear her tell the Magistrate so.
COURT. Q. Did you hear her say anything about forgiveness when you went to her house? A. It was either me or M'Cullock told the Magistrate, (I cannot say which,) that she would not do so any more, or something, after we had been in the house ten minutes or a quarter of an hour—M'Cullock said, "Is this the young person you followed here? "I said, "Yes"—that is all that passed between us.
Q. Did you see the shoes she purchased? A. I saw the shopman getting some bows for them—I did not notice them particularly—I cannot say what sort they were—I did not see the money paid, or see the shoes given her—I cannot tell what leather they were—I heard her ask for a half-crown pair of shoes—they are basil or grey leather.
JOHN M'CULLOCK re-examined. I went to the house with the boy and policeman—I asked her how she came to take the shoes—she said it was the first thing that ever she took, and she hoped I would forgive her—I said I could not forgive her, it was my master's property.
Cross-examined. Q. Upon your oath, did not Fardell swear at the police-office that the prisoner said, "Forgive me this time"—were not those the words he used? A. He did not to my recollection—I was at the police-office when he gave his evidence—he might have sworn it and I forget it, though I was listening to him—I did not pay attention to every word that passed—he did not say so to my recollection—the shop-woman who sold the shoes to the prisoner can be produced in an hour if required.
SARAH SCOTT . I am housemaid to a gentleman in Devonshire-street—the prisoner lives there, and is a friend of my master's. On the evening of the 5th of May, the prisoner came home—I opened the door—the boy Fardell was there—he stood before the prisoner, and said she had a pair of shoes that did not belong to her, and he demanded them before he left the house—she gave him a pair of shoes—he then left the house—soon after a constable came and searched the house—I went with him up stain—the prisoner was in the water-closet, she came out.
Cross-examined. Q. Did not you search the house all over? A. Yes—we were not able to find a second pair—I live at the house—my master keeps eight servants—the prisoner passes as a near relation to my mistress.
MICHAEL MALONEY (police-constable D 94.) About half-past seven o'clock this evening, I went with M'Cullock to Devonshire-street—the servant opened the door—I inquired whether a female had lately come into the house—she said not—at last I went in, and saw the prisoner—she seemed in a flurry—the boy told me that was the person, and then she was given in charge by M'Cullock—she begged of me to let her off—she said, "Policeman, you had better not take me"—I told her I should do my duty, and take her to the station—she said no more to me—she said, in taking her to the station, that she took the property, and was sorry for it.
Cross-examined. Q. How long have you been in the police? A. From the 1st of last January—I have not been alone with the prisoner—I swear that—I never attempted to put my hand in her bosom under pretence of searching her for shoes—I never told her I would let her off this charge if she would sleep with me, nothing of that kind—I never told any one I had no doubt this business could be settled for 5l.—I never said so to the prosecutor—I did not see a gentleman named Timms on this subject that I know of—I never said to any one that I had no doubt it could be
settled—I am quite sure of that—I have not been speaking to any one on this subject, unless on my official duty—I saw Mr. Tirams—I spoke to him officially—I did not tell him that I had no doubt it could be settled, and that it would be better to come to some arrangement—it was before I was examined I spoke to Mr. Timms—he did not refuse any compromise—he asked me some question about the trial coming on—I do not recollect what answer I gave him—I did not go into the water-closet—she came out —I did not find any shoes—they were in the possession of the boy when came to the house.
MR. PHILLIPS called
THOMAS TIMMS . I am an upholsterer and house-agent—the aunt of the prisoner lives in Devonshire-street, and keeps a respectable establishment—her aunt and uncle were at Bath—they left their house under my care in some measure—I interested myself for the prisoner—I went to the police-court, and saw Maloney there—he said he hoped this business might be settled, and it was a pity it could not be compromised—I did not choose to have a hand in such a transaction—I turned away immediately—her relatives are in a situation to have compromised it—I have a considerable sum of theirs in my hands at present.
NOT GUILTY .
REV. RICHARD CARGILL . I live in Nottingham-place, Marylebone. On the 4th of May, about half-past eight o'clock, I was passing in Mor-timer-street, and felt my coat-pocket twitched—I turned and saw the I prisoner close behind me—I asked if he had got my handkerchief, and he threw it with his left hand as if to go down an area—he ran off, and was stopped—I went back to the spot where I had spoken to him, and the hand-kerchief was given to me—this is it.
MART KEMP . I am cook to Dr. Knapp of Mortimer-street—I was standing at the door—I saw the prisoner take this handkerchief out of the gentleman's pocket—he threw it down—I took it up, and gave it to the prosecutor.
GUILTY . Aged 14.— Confined Three Months.
MR. PRENDERGAST conducted the Prosecution.
WILLIAM ALLEN . I am in the employ of Thomas Pickford and another. On the 5th of May, I was at the Camden Town station, and assisted in putting three trusses from Leicester into the wagon, of which Daniel Stokeley was guard—I had this invoice, (looking at it,) and found it correct—one of the two trusses in this lower entry was afterwards missed—this pencil mark on the invoice signifies that they were all safe—I gave this to Stokeley—he left the station at quarter-past one o'clock on Thursday morning.
DANIEL STOKELEY . I received charge of the wagon at the Camden Town station—they told me there were three trusses in it—I did not know what was on the load—I left at a quarter-past one o'clock—we got to the City-road between two and three o'clock—Milton was there to receive the
goods, and see that they were all right—when I got there I observed one of the bands was very loose—in going from Camden-town to the New-road I passed the end of Nelson-place—the moon was shining, but it was rather shady with clouds.
WILLIAM MILTON . I am employed at Messrs. Pickford's wharf, in the City-road. On the morning of the 6th of May, a wagon was brought there, under the direction of Stokeley—I examined the goods, and missed this one truss in the lower entry, directed to "J. and R. Morly, Wood-street"—I weighed the one I did receive of these two, and it was two quarters and some pounds short—the wagon got to the basin between two and three o'clock—Nelson-place is about a quarter of a mile from the basin.
SAMUEL KNOWLES . I am a private in the 54th regiment of foot. On the morning of the 6th of May I was in company with Adams, another private—he had a girl with him—he was before me with her—I was going along Sudley-street, that leads to Nelson-place, and from there to the City-road—as I was going along I saw a woman, and the prisoner in her rear, coming from the City-road—the prisoner had two small parcels under his arm, and one in his hand—when I came up the woman said, "Here is some person coming"—there was a small lane at his right hand—he wheeled down this lane, but before he wheeled he dropped these packages—he dropped two first, and then dropped one—I picked up one, to see what it was—he went on a little further, and it appeared to me that he went into a house—that lane is the first turning on the right-hand in going down Nelson-place from the City-road—I went on after Adams, called him back, and told him what was going on—he went on with his woman—I went on, and applied to the policeman—I gave him a description of the person who dropped the packages—I after that found a truss in Nelson-place—the prisoner must have passed near that package in coming along —saw the truss about half-an-hour after—I saw the prisoner when he was taken by the policeman—I am sure he is the man that dropped them—it was as bright as day—I have no doubt about him—I saw him again in half-an-hour.
Prisoner. Q. When you saw me drop the parcel did you turn to the left or right? A. I went on straight after Adams—I do not know where it leads to—I took up one parcel, and looked after yon—you appeared to go into a house.
JOHN ADAMS . I am a private in the same regiment. I was going along Nelson-place—I was on before with a young woman—we were quartered in that neighbourhood—I observed a man and woman coming along the road—he had something under his arm, which I thought was wood—I did not see him drop any thing—I afterwards saw him in custody—I have no doubt about the prisoner's being the man.
JOHN DENNIS (police-constable N 281.) At half-past three o'clock on that morning I received information from Knowles, who gave me this parcel, containing stockings, and gave me a description of the person who dropped it—another officer took the prisoner in consequence of the information—I went to where Knowles picked up the package, in Nelson-place—I saw a large package there—it is what is called a truss—it was laid under the wall—one end appeared to have been cut open, and something taken out—I found another small package lying under the wall, about eight or nine yards from where Knowles said he picked one up—I waited there
upwards of an hour—Knowles said the person who dropped it went into a house—he could not say which—I saw the prisoner apprehended as he was coming over Macclesfield-bridge, in the direction towards the house that Knowles said he had gone in—the prisoner answered exactly the description—I found six pairs of stockings about five yards from where the prisoner was passing.
Prisoner. Q. Had I passed you when you picked up the stockings? A. No.
SAMUEL TAYLOR (police-constable N 167.) I picked up a packaged at the end of Nelson-place, about twenty minutes before three o'clock—when I came up I saw a large package with the end cut out—the direction was folded up and laid loose on it—I did not see the prisoner in custody.
JOSEPH LEAMAN (police-constable N 228.) On Thursday morning, about a quarter to four o'clock, I stopped the prisoner, and picked up these two pairs of stockings, just by where I stopped him—these stockings all corresponded with each other.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Three Months.
ANDREWS* pleaded GUILTY . Aged 14— Transported for Seven Years.—Convict Ship.
ROBERT HARTLEY . I am servant to William Nash, who keeps a shop in Judd-street. On the 27th of April, about twelve o'clock, I saw the two prisoners outside the shop for about ten minutes—I watched them, and saw Cassidy take the pins out of the top piece of a pile of prints—they then went away for about a quarter of an hour, they then came again—Cassidy took the top piece of print, and put it into Andrews's lap—they went away with it, and I stopped them—it was twenty-seven yards of printed cotton—Andrews dropped it before I stopped him—the property was brought back to our shop—it is Mr. Nash's.
Cross-examined by MR. PHILLIPS. Q. Did you see Cassidy sitting on the step of a door? A. No—the cloth was not in the street, it was about two yards inside the door.
JOHN WRIGHT (police-constable E 128.) I saw Cassidy take a piece of print from the top of the pile, and put it into Andrews's apron.
Cross-examined. Q. How near were you to him? A. On the opposite side of the way, between thirty and forty yards—Cassidy made his way towards Crown-street, and sat himself down on the step of a door.
CASSIDY— GUILTY . Aged 13.—Recommended to mercy.— Confined Two Months.
1484. ALEXANDER AUSTIN was indicted for stealing, on the 20th of April, 2 blankets, value 7s.; 2 sheets, value 4s.; 1 bed-cover, value 3s.; 1 pillow-case, value 6d.; and 1 set of fire-irons, value 3s.; the goods of Margaret Connell.
Prisoner. Q. What did you receive as security for your things? A. I received none.
MARGARET CONNELL . I received them from the prisoner, as he was passing them to the officer—the woman who has been discharged lived with the prisoner, as his wife—the prisoner said he would redeem the things when he got a little more work.
Prisoner. On the Tuesday evening Mrs. Connell came to me, and discovered the property was gone; I showed her the quantity of books I had been binding, and told her she should have her things the next day—she received from me six duplicates of my own property, as security. Wit-ness. No, I would not receive them; they were of no use to me.
GUILTY . Aged 24.— Confined One Month.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 18.— Confined Three Months.
MESSRS. PHILLIPS and CLARKSON conducted the Prosecution.
BENNETT WOOD . I am a butcher, and live in New-street, Dorset-square. The prisoner has been in my service about five months—in consequence of information, I watched, and gave notice to my servants—on the 21st of April I gave directions to Groves, who is in my employ—the directions applied to the prisoner, as well as to any body else—about eleven o'clock that day I was attending two ladies in the shop, and I saw the prisoner come in from going round for his orders—I observed be took down five legs of mutton—he weighed some of them, but not all—I cannot exactly say how many of them he put into the scale—he chopped some of them—he then put the five legs into the cart —I distinctly saw him put the five legs in, besides other joints of meat—he then drove the cart away—I went to Groves, and on examining the order book, as to the prisoner, I found only three legs of mutton were entered—this is the book—here is the date of the 21st of April—here is one other leg of mutton booked to the prisoner, in the earlier part of the day—it was his duty to take out one leg and one shoulder of mutton for chance of custom—in the whole of that day there is no more booked by he prisoner than the four legs—I was in the shop when he returned from taking the goods, about a-quarter-past twelve—I then looked into the cart,
and there was no meat of any description in it—I had set a policeman to watch—the two legs were worth about 11s.—he had no authority to take out any more meat than he had orders for.
Cross-examined by MR. DOANE. Q. When did you give him into custody? A. On the 26th of April—it was his daily custom to take out a leg of mutton and a shoulder before he got any orders, for the chance of selling them, and he had done so that day—he brought back the shoulder, and gave an account of the disposition of the leg—I had some customers in the shop when he came back.
Q. Does it not sometimes happen that when your cart is at the door, if persons come in and buy across the counter, that they might say, "Put this meat in the cart?" A. Meat is frequently put into the cart, and sometimes without being booked—I am not sure whether a gentleman named Elmsley was in the shop, but he always books his meat—he runs an account—I do not know whether he bought a leg of mutton that day—supposing he had, and it were booked, and he wanted it carried home, it would have been given to the prisoner, but it would have been weighed to him first—I saw the prisoner take down most of the five legs of mutton, and I saw the whole five of them lying on the board with his meat—I did not take them down—I will swear that—I saw him take them down and put them amongst the meat—I cannot say how much more meat there was in the cart, nor how many of these legs were weighed—I indicted one of my men here last session—I swore that I saw the man take the meat on that occasion.
Q. Were you then obliged to admit to my learned friend, Mr. Phillips, that if the man bad come back and restored 5s. of his wages, you would not have prosecuted him? A. I said I did not know whether I should or should not—I might have said I would not—I did not accuse my foreman on the 26th—I did not call him up into my room, nor make any charge against him—he was charged in my presence by one of my family—I saw the prisoner return on the 21st, but I said nothing to him.
MR. CLARKSON. Q. Why did you say nothing to him on the 21st? A. Because I thought of detecting the receiver—on the 26th I had him taken, because Groves saw Wheeler take some meat out and stopped it—should doubt whether Mr. Elmsley was in the shop when the prisoner took out the five legs on the 21st—I saw the prisoner with my own eyes put the five legs into the cart—neither Mr. Elmsley nor any one else interfered with them.
ALFRED GROVES . I am clerk to Mr. Wood—I have heard what he has said about the prisoner taking out a leg and shoulder of mutton on the 21st—he returned about eleven o'clock—he then booked the leg which he had taken out to Mr. Austin, of Harley-street, and brought back the shoulder, and he booked with me the orders he had received—here is the book—he then booked three legs, one to Upper Montague-street, another to Baker-street, and another to Manchester-square—he has sometimes taken out joints beside those he had got orders for—he went out about a quarter past eleven—he weighs the meat himself, and tells me the weight—I have booked the weight of the three legs that went out that morning—I have put the weight of each leg opposite the name of the customer—he did not give me the weight of any more than three legs.
Cross-examined. Q. Were you in the shop? A. I was in the counting-house, which is parted off but not shut in—I could see it all plainly—
he had five other joints that morning besides these legs, with chops and steaks besides—he was to book his own orders, but he sometimes takes out meat that is not booked—I did not go to the cart that morning to see what meat was in it—I may have asked him on a preceding day where such meat went out to.
WILLIAM ROBERT BLACK . I am inspector of the D division of police. On the 26th of April, about half-past seven o'clock, in the evening, the prisoner was given into my custody by his master—I told him what he was charged with—he said, "Who is the witness?"—I said, "Never mind, Mr. Wood has given you into custody"—he then said, "I never robbed Mr. Wood of a farthing's worth in my life."
(The prisoner received a good character.)
GUILTY . Aged 24.—Recommended to mercy by the Jury.— Confined Sir Months.
(There was another indictment against the prisoner.)
Third Jury, before Mr. Sergeant Arabin.
MESSRS. PHILLIPS and CLARKSON conducted the Prosecution.
ALFRED GROVES . I am clerk to Mr. Bennett Wood, a butcher, in New-street, Dorset-square—the prisoner was his journeyman on the 19th of April, and had been so for about five weeks—it was his duty to go out at nine o'clock in the morning, and he went out at that time on the 19th of April came to me at the desk and booked a shoulder of mutton to Mr.—he French, of Corn wall-terrace—I was at the counting-house window and I could see what took place in the shop—it was the prisoner's habit to cut his own meat—my master was at market that morning—after the prisoner booked one shoulder, he took two and put them in the tray, he put the one he did not book in the bottom of the tray, and the rest of his meat over it—it was his business to call the weight of his meat over to me after he booked it—he only gave me the weight of one shoulder of mutton—it was his duty to give me the weight of all the joints he took out—he gave me the weights of all except one shoulder—the weight of the one shoulder for Mr. French was 9 3/4 lbs. —I was there when he returned—he did not bring back any shoulder with him, or any meat of any kind—he did not account at any time for the second shoulder.
Cross-examined by MR. DOANE. Q. Did he account for Mr. French's? A. Yes, he booked what he took out before he went—I am quite sure of what I saw on that occasion—I never asked what meat he had in the tray when he was going out—I did not ask about the two shoulders, not on any occasion, nor respecting any steaks or chops.
MR. PHILLIPS. Q. Did he, either before he went out or after he came home, account for this shoulder? A. No—we did not ask him about the two shoulders, because we wished to find out the receiver—people had been set to watch for that purpose—he had no right to take out meat without accounting to me.
Cross-examined. Q. What day was he taken? A. On the 26th.
GUILTY . Aged 19.— Confined Six Months.
(There were two other indictments against the prisoner.)
MARGARET ANN HARVEY . I am single, and live in Bluegate-fields, Shadwell. I have known the prisoner five years—she came and asked me to lake her into my lodgings about two months ago—she remained with me about six weeks, and went away without giving notice—I took her in out of charity—I missed three sheets and three shifts from ray room—one of them has been found since—I found a duplicate in her room, which led me to the pawnbroker's where I found this sheet, which is mine—the rest I have lost.
Prisoner. You gave it me to pledge. Witness. No, I did not.
Prisoner's Defence. I have known the prosecutor eight years; I met her about three months ago, and went to lodge with her; on Saturday night she told me to take this sheet to pawn, I did so, and brought her the money; three weeks after, I had a few words with her; the struck me several times.
MARGARET ANN HARVEY re-examined. I keep a lodging-house—loose people are there sometimes—on my oath, I never permitted her to pawn my property—I found one ticket on the drawers—she slept in the room with me.
JURY. Q. Had you quarrelled with her? A. No—she is a married woman—her husband is gone to sea.
NOT GUILTY .
FREDERICK OWEN PITTOCK . I am nephew to Mary Ann Bonner, a tobacconist, in New Church-street. The prisoners came there on the 1st of May, all three together, Wilson asked for a 1d. worth of Maryland to-bacco—I told him I would not make a 1d. worth—Jerrome then told him to have a cigar—I hesitated, as I did not like to show it them—Jerrome lifted up the lid of the case, and took two cigars—Wilson took a handful of cheroots, and they all ran off—they were not taken till the next day—I am sure they are the same boys—they had often been in the shop before.
JERROME*— GUILTY . Aged 13.— Transported for Seven Years.
WILSON— GUILTY . Aged 13.
RUBIDGE— GUILTY . Aged 13.
Whipped and Discharged.
NOT GUILTY .
GUILTY . Aged 44.— Confined Eighteen Months.
Before Mr. Recorder.
1492. JOHN PHILPOTT was indicted for stealing, on the 14th of April, 56lbs. weight of hay, value 2s. 6d.; 6 bushels of a mixture of chaff, oats, and beans, value 6s.; 4 bushels of chaff, value 2s.; 3 sacks, value 3s.; and 2 nose-bags, value 1s.; the goods of George Biggs, his master.
MR. PAYNE conducted the Prosecution.
HENRY STAMMERS (police-constable K 815.) I was on duty at the bridge at Great Ilford on the 14th of April, at half-put five o'clock in the morning, and saw the prisoner at the back of a cart, with three horses to it, loaded with straw—he looked at me very hard, and 1 looked at the top of the cart—the tilt did not appear to lie flat on the top—I went up to the prisoner, and asked what he had got on the top of his cart—he scratched his head, and said, in a muttering tone, that he had got food for his horses—I told him I suspected he had got more than he ought to have, and ordered him to stop his horses—he made no observation—I got on the load, removed the tilt, and saw two sacks, one of chaff, and one of mixed com, a truss of hay, and a bundle of green rye—he had five nose-bags hanging on the side of the cart—four of them were full of corn, and the other three-parts full of turnip-tops—I saw a bundle of hay in the hind ladder of the cart—the sacks had "George Biggs, Longbridge, Barking," on them—I then told the prisoner to turn his horses' heads round to the station-house gates, which he did—I took the property off the cart, and put it into the yard, went to the prosecutor, and he came to the station.
Prisoner. I had it for my horses; I was going a long journey, and took rather more with me.
GEORGE BIGGS . I am a farmer at Barking. The prisoner was my horsekeeper—on the day in question he was allowed three nose-bags of corn, and about a bushel of mixed corn, to supply them when empty, but no more—it is not long since I had a case here before, and I gave very particular instructions that they should take no more than one tack, and a small bundle of hay, to feed the horses, and I took off part of the allowance of hay, because they had green meat cutting at that time—he had no right to have the truss of hay which was found on the top of the cart, nor to have so much at the back—he had no right, to have more than three nose-bags, nor to have two sacks of mixed corn—he was going to Clapton that day, I believe, which is about nine miles from Barking—he would have been back that same day—he would not want any thing like that quantity—the horses could not have eaten it in three or four days—I repeatedly forbad him taking more than I have stated—I saw the property at the station, and knew it to be mine.
(The prisoner begged for mercy.)
GUILTY . Aged 38.—Recommended to mercy.— Confined One Month.
Before Mr. Justice Coltman.
1493. JOSEPH OLIVER and ABRAHAM BUSH were indicted for burglariously breaking and entering the dwelling-house of Henry Gray, about the hour of one in the night of the 3rd of April, at Barking, with intent to steal, and stealing therein, 100lbs. weight of pork, value 3l. 15s.; 1 ham, value 10s.; 8lbs. weight of mutton, value 5l.; 1 1/2 lb. weight of sausages, value 4d.; 1 coffee-biggin, value 2s.; 2 spoons, value 1s. 2d.; I 1 mustard-pot, value 6d.; 1 pair of shoes, value 5s.; and 14lbs. weight of lard, value 7s.; his goods; and 1 pair of boots, value 2s., the goods of Maria Cumbers: and that Oliver had been before convicted of felony.
MR. CLARKSON conducted the Prosecution.
HENRY GRAY . I occupy the Lodge farm, in the parish of Barking, Essex. On Saturday night, the 3rd of April, I and my family went to bed a little after ten o'clock—my wife locked up the house before we went to bed—on the following morning I called up the servants between five and six—my niece, Maria Cumbers, came up to me, and made a communication to me, in consequence of which I got up, went down stairs, and found the pantry had been broken open, which was secured by iron bars inside, and wire outside the window—the wire was bent right up, and one of the ban was cut away with a chisel, and tied to the next—that would enable a person to get in—I had some pickled pork in the pantry—we missed a great deal, I cannot tell how much, but I am certain as much as fifteen stone—the ham was in the kitchen, and they had to force back two locks before they got at it—the ham had my initials, "H. G." on it—we also missed a leg of mutton, a coffee-biggin, a silver tea-spoon, a metal spoon, a metal mustard-pot, a pair of high shoes, a pair of ladies' boots, and two bladders of lard—I gave information to the police at Dagenham.
Cross-examined by MR. PHILLIPS. Q. Who was last up in the house? A. Me and my wife—I am sure none of the servants were up—we always see them to bed—my wife generally takes their candle away.
ESTHER GRAY . I am the prosecutor's wife. On the night in question was the last person up—I saw all the premises secured—the pantry window was safe, and the pork also—the servants went to bed before me.
REBECCA LAZELL . I live at Dagenham. I know the prisoners—a short time before I heard of this robbery I had a communication with Oliver's wife, in consequence of which I gave her permission to deposit in my pigsty some straw which she had been speaking of—on Saturday, the 10th of April, between seven and eight o'clock in the morning, I had occasion to go to the pig-sty, to get some loose straw, and discovered a tub in the pigsty concealed under a small quantity of straw and reeds—I lifted it up, and underneath it found a bag containing pieces of pickled pork—I had heard of the robbery at that time—I immediately made a communication to Mr. Hastings, and in consequence of what be told me, I went to the police-station at Dagenham, and gave information—sergeant Tebenham and another policeman came back with me, and took charge of what was found in the pig-sty.
SAMUEL TEBENHAM (police-sergeant K 86.) On Sunday morning, the 4th of April, I received information from Mr. Gray—I went to his preraises, and found them broken, in the state he has described—I saw foot-steps of two men in the garden, by the pantry, one more distinct than the other—from that time till the 10th of April I received no information about the parties—on the 10th of April, a few minutes before seven o'clock in the morning, Mrs. Lazell came to the station—I went to the pig-sty at her cottage, and, in the sack there, found from eight to ten stone of pickled pork—in the garden of the prisoner Bush's cottage, which is next door to Mrs. Lacell's, I saw a piece of fresh-turned earth—I removed it, with the constable's assistance, and, a few inches under, found a tub containing a quantity of pickled pork—I then went for a wheelbarrow, and Smith continued the search—there were two legs of pork in the sack found in Lasell's pigsty, a bladder of lard, and a pair of shoes, and inside one of the shoes I found metal mustard-pot—I then went with Butfoy to Barking, and apprehended Bush—I took off his shoes at the station, and compared them with a description I had taken of the footmarks in the prosecutor's garden, and they corresponded—I did not compare them with the footmarks themselves, as the time was too far gone, and it had been raining, but with a description which I had taken down in writing.
Cross-examined. Q. Had there been rain from the 3rd of April down to the 10th? A. There had—the 3rd of April was a fine night—there was no rain on Sunday—my memory is pretty good in that respect—Mr. Gray's youngest son was with me when I took the description of the footmarks—it was on Sunday morning—it is his private garden—I believe he has many men in his employ—I have not got the description which I took with me—it is at home.
MR. CLARKSON. Q. Did you afterwards see the ham that was found? A. I did—here it is, and here are three slices of ham which were found at Oliver's, which I have every reason to believe formed part of the ham—I compared them, and they corresponded—I have been a butcher by business.
JOHN KETTLE . I am a farmer at Dagenham. On the 10th of April I accompanied Tebenham to Oliver's house—I observed, in one corner of his garden, the earth had been fresh turned, and flatted down smooth-searched, and under the earth found a bag, containing some pork, which I produce—here are two legs, and this is the apron in which they were—also found this metal coffee-biggin, with this metal spoon, and this silver spoon in it—I also found in the same garden another cloth, containing this half ham, a leg of mutton, which has become decayed, and been thrown away, and a bladder of lard—I observed some initials on the ham—after I had found these things in the garden, I went into Oliver's house, and in a cupboard there found these three slices of ham, and a piece of pork—I went into the front room, pulled out a table-drawer, and there found this pistol, primed and loaded—I also found this key in a bag by itself—it appears to have been newly filed—the mutton fat was found with the ham.
Cross-examined. Q. Are there many houses about there? A. Yes, a village—some have gardens, and some have none—the gardens are divided by a path which runs down them.
COURT. Q. There is no separation but the path? A. Only such as they make themselves with a few currant trees, or anything—there are three cottages together—the two the prisoners occupy, and Mrs. Lazell lives in the
middle one—they all belong to one estate—there are four allotments of ground, and four inmates to the houses—another person lives under the same roof with Oliver—one has one room, and the other the other—they both enter at the same front door, and one turns to the left, and the other goes straight forward—the four have separate allotments—I know the place where I found these things was Oliver's allotment, because I used to receive the rents of that place for many years, and I built one of the houses—it is seven or eight years since I received the rents—that allotment used to be let with the place that Oliver inhabits—it is his garden—there are five tenants altogether—the other is a baker's shop—he has got a piece of ground by itself.
MR. CLARKSON. Q. Are the allotments to the cottages behind, the same as they were when you used to receive the rents? A. Just the same.
SAMUEL TEBENHAM re-examined. The pickled pork I found in the pig-sty was in such a bad state that the Magistrate desired me to throw it away—it was shown to the prosecutor first—that found in Bush's garden was also in a bad state, and was also destroyed by the Magistrate's directions, after the prosecutor had seen it.
ROBERT FROST SMITH (police-constable K 277.) I accompanied Tebenbam to Bush's garden—while he went for a wheelbarrow I searched the garden, and found this bladder of lard, and these two legs of pork in a sack—I also found a pair of lace-up boots, and in one of them was this metal mustard-pot—I was afterwards present when Bush's house was searched.
ABIA BUTFOY (police-constable K 140.) On Saturday morning, the 10th of April, I took Bush into custody—I took him to the station-house—after doing so I searched his cottage, and found in his trunk in the bed-room a pair of ladies' boots—I was present when John Kettle found the three slices of ham and piece of pork in Oliver's house—I have seen the slices compared with the ham, and should not doubt for a moment but they came off the same piece.
ESTHER GRAY re-examined. These two bladders of lard are, to the best of my belief, our property—I put one of them into a stale bladder, and I know it by that—(this was the one found in Oliver's garden)—I know the ham—my husband's initials are on it—I saw these slices compared with it, and to the best of my judgment they came from the ham—I saw all the pork which was found before it was thrown away, and to the best of my knowledge it was ours—there were the same number of joints—here is one of the legs which I can speak to by the knuckle being cut differently to any I ever saw cut—here are four legs altogether, all cut in the same way—this piece of pork is not mine.
MRS. LAZELL re-examined. Q. Were you present at all when they were searching the prisoner's gardens? A. After I had shown the property which I found, I returned to my own house, and saw no more.
JAMES DOWN . I live in Essex, and have been constable of Hornchurch I produce a certificate of Oliver's former conviction—I know his person—I was present at his trial at Chelmsford in April, 1833—(read.)
OLIVER— GUILTY . Aged 34.— Transported for Life.
BUSH— GUILTY . Aged 30.— Transported for Fifteen Years.
1494. JOSEPH OLIVER and ABRAHAM BUSH were again indicted for burglariously breaking and entering the dwelling-house of Stephen Smith, about the hour of twelve in the night of the 9th of November, at Barking, with intent to steal, and stealing therein, 6 towels, value 5s.; 6 table-cloths, value 2l. 10s.; 6 sheets, value 2l. 10s.; 2 bed-gowns, value 2s.; 5 shirts, value 12s.; 1 gown, value 8s.; 2 pairs of drawers, value 2s.; 2 collars, value 1s.; and 1 flannel-shirt, value 2s.; his goods: and SUSANNAH BUSH , for feloniously receiving 2 table-cloths, 2 sheets, and 1 towel, part of the said goods, well knowing, them to have been stolen; and ANNA OLIVER , for feloniously receiving 3 towels, 4 table-cloths, 4 sheets, 2 bed-gowns, 5 sheets, 1 gown, 2 pairs of drawers, 2 collars, and 1 flannel shirt, part of the said goods, well knowing them to have been stolen; against the Statute, &c.; Also with harbouring and maintaining the said Joseph Oliver and Abraham Bush, knowing them to have committed the said burglary.—Upon which no evidence was offered.
NOT GUILTY .
Before Mr. Sergeant Arabin.
MR. BODKIN conducted the Prosecution.
DAVID DORWOOD . I am sexton to the parish of Woodford, in Essex—the prisoner was grave-digger to the parish—he has been to ever since he was a boy. On the 2nd of May a young woman named Charlotte By-water, was buried in the churchyard—she was the daughter of poor people—her father is a basket-maker—her grave was four feet two inches deep—it was properly filled up after the funeral—I saw it again on Monday afternoon, the 3rd of May, about five o'clock—it was then apparently in the same state as on the Sunday—the father of the young woman watched the grave on the Sunday night, and on the Monday night—on Tuesday afternoon I was walking round the churchyard, and noticed the grave was in a deranged state—it had been dug up, and the earth removed—I went to the prisoner's house—he was in bed—I desired his wife to call him—I asked him how the grave came to be in that state—he seemed much confused, and said he had dug it out to put the child in—(a child of the same family, which had been buried six months before, was taken up to bury this body, and ought to have been put in again)—I told him it was no such thing, that the grave never was dug out in that way to put a child in—we had then gone to the grave—I desired him to dig out the earth that I might see the coffin—he was very much agitated, and wanted to dig at the foot of the coffin—I insisted on his digging at the head—he did so, but was very much agitated, and could not throw the earth out—he went for a pickaxe, and while he was gone, I removed some of the earth, and to my horror, when I had taken hold of a piece of wood, the face of the body laid quite bare—I saw the coffin had been opened—when the prisoner came back, 1 said to him, "Dick, you villain, how could you do
such a thing as this?"—he said, "I did not do it, I know nothing about it—nobody can say I did"—I sent for the churchwarden, and afterwards had all the earth dug out—I found a portion of the lid of the coffin loose—it had been cut off about the shoulder, and the head of the lid was at the foot—this chisel—(looking at one)—is mine—it had been about my place—it had been used in scraping chairs, and so on—the prisoner had access to it—I compared this chisel with the marks on the coffin, and am quite sure this chisel must have made the marks on the coffin—the body could have been removed in a very few minutes.
THOMAS HYENS SCARLETT . I am churchwarden of the parish of Wood-ford. I went to the churchyard on Tuesday the 4th of May—I found the body exposed in the way the sexton has described—I gave the prisoner in charge.
ALICE SAWYER . I live at Woodford. On that Tuesday morning I was going to the Rectory—as I passed through the churchyard, I saw the prisoner in Charlotte Bywater's grave—about half of his person was in the grave—I did not notice what he was doing.
JAMES WHITE (police-sergeant K 13.) I took the prisoner on this charge—he told his wife, in my presence, that it was all through Mr. Lane, the assistant to Mr. Morgan, the surgeon, of Woodford, or else in never should have done it—Mr. Morgan and his assistant attended Charlotte Bywater—the prisoner told me on Friday that he bad thrown the chisel between the rafters and the ceiling of the tool-house in the church-yard—I went there and found it—I have compared it with the marks on the coffin—I found a pickaxe in the tool-house—I compared that with marks in the earth near the coffin—there was a sack found in Mr. Marks' shrubbery—it appeared to have been thrown over from the churchyard near the tool-house.
THOMAS BOURNE . I acted as clerk to the Justices on the hearing of this charge—the prisoner made a statement, which I reduced to writing—I took down accurately what he said—it has the Magistrate's handwriting to it—(read)—"The prisoner voluntarily saith, I have nothing more to say, than that Mr. Morgan's assistant was always at me to get the body—I was very unwilling to get it—he said it must be procured, as it would save the lives of thousands, and he gave me this letter, (now produced) to get out of the way—he was with me on Tuesday—I told him I did not see how it was to be done—he told me if I would get it ready, he would be down in the evening again—that is all I have to say."
Prisoner's Defence. I was applied to many times by Mr. Lane, Mr. Morgan's assistant, of Woodford, Essex, to allow him to inspect the body of the deceased Bywater, as be stated it would be of great and important consequence to the community that an examination should take place, as it was unknown of what disease she died—I refused very often, but at last I agreed to dig to the coffin for the purpose of allowing him to make the required examination, but it was not my intention to take the body up, and it never was taken up after it was buried on Sunday—Mr. Lane did not offer me any money for digging down to the grave, but stated that he would reward me for it after he had succeeded—after I was taken into custody, the policeman and the Rector told me that it was best to speak the truth, which was the reason I made the confession I did, and under the impression that I should get off by making that confession.
—BYWATER. I am the father of the young woman. Mr. Morgan and Mr. Lane examined her body after her death—they asked me the favour to open it, and I granted it.
JURY. Q. Did they express that they wished to examine more? A. No, not to me.
GUILTY . Aged 47.— Confined One Year.
Before Mr. Common Sergeant.
STEPHEN HUNSDON . My father, Henry Hunsdon, is a farmer; the prisoner was in his employ. On the 8th of May, about half-past two o'clock, I was proceeding to London with a load of greens—the prisoner was with me—when we were between Ilford and the Pigeons public-house I got on the cart, and saw these beans in a sack inside another sack in which he had the victuals for his horses—these beans ought not to have been there—when we got to the Pigeons I saw the prisoner get on the load, and take this bag with the split beans in it out of the other sack—he slid them down, and took them to the trough opposite the Pigeons door— our bones were not feeding there at that time—they had their bags on—this is the beans—they are my father's property.
Prisoner. I took them in the sack to give my horses—I meant to put them in the nose-bags before I started off again, but they took them away. Witness. I gave him out the feed he was to have for his horses on the overnight—he was not authorised to take these beans or any thing else for his horses—I saw him go away from his horses, who were eating from the nose-bags in the middle of the road.
GUILTY . Aged 47.— Confined Three Months.
Before Mr. Recorder.
1497. HENRY HOOKER, alias Robert Cummings , was indicted for stealing, on the 12th of April, 1 watch, value 2l.; 1 watch-chain, value 1s.; 1 seal, value 6d.; and 1 watch-key, value 6d.; the goods of Richard Cook, from his person.
RICHARD COOK . I live at Southend, Lewisham. On the 12th of April I was with the prisoner at the King's Arms public-house there—we went from there to the Green Man, and had some more beer—I had my watch safe there—I fell asleep in the tap-room—the prisoner was there—I did not miss my watch till late at night—(produced)—this is it—I know it by the lesser hand and a belt round the face of it—I was not quite sober when I lost it.
JOHN FROST . The prisoner and Cook were at my public-house, on Monday, the 12th of April, at six o'clock in the morning, as soon as the house was opened, and continued there till the prosecutor left—between two and three the prisoner and prosecutor were in the tap-room alone—I stood in the bar, eight or nine yards off, and heard money drop—knowing the prosecutor was asleep, and that I had given him change for half-a-crown
—I gave him 1s. 6d. and 2d.—I looked round and saw them sitting close together—I walked into the tap-room, seeing the prisoner feeling the prosecutor, or pulling him about—when I came into the tap-room, the prisoner appeared asleep as well as the prosecutor—I looked at the two for about a minute, and looked on the floor, but could see no money—I walked to the fire, stirred it, and in so doing the prisoner awoke and began pulling the prosecutor again, as if to awake him—I remonstrated with him for doing so—I then went away, and saw no more of it—the prisoner went away, leaving Cook in the tap-room asleep.
JAMES SAUNDERS . I am ostler at the Green Man. I recollect the prisoner being in the tap-room with Cook—I saw Cook's watch-chain at nine o'clock, and again at two, hanging from his pocket, and between those times I saw him pull his watch out—the prisoner left the tap-room about half-past three—there had been nobody in the prosecutor's company except the prisoner between two and half-past three.
JOHN RAINSBY . I am a police-sergeant. I apprehended the prisoner at the Black Horse, Russia-green, asleep in the tap-room—I told him I wanted him for a watch—he said he had not got one—I saw him put his hand into his pocket, and immediately caught fast hold of his arm—he called to the party with him—there were four very bad characters with him—in struggling I saw the watch in his pocket—I called assistance—a man came and dragged his arm out by force, and there was the watch hanging to his hand.
Prisoner's Defence. I was going to work, and called in at the King's Arms public-house to have refreshment; I then went to the Green Man, fell asleep, and left there; afterwards, in coming along, I found the watch by the side of the road; it was my intention to have it advertised; when I picked it up I went to the Black Horse, and stopped there all night; had any body come to own it, I meant to give it up; I was insensible at the time with a cut in my head.
JOHN RAINSBY re-examined. He had been very tipsy over-night, I believe, and fell on the fender—he was quite competent to judge right from wrong—when I apprehended him he dived his hand into his pocket directly he saw me, before I named the watch.
GUILTY .† Aged 35.— Confined Nine Months.
1498. JOHN PILOTTE was indicted for stealing, on the 25th of April, 72lbs. weight of potatoes, value 2s. 3d.; 3 nets, value 6d.; 3 basins, value 4d.; 3 knives, value 1s.; 1 sieve, value 1s.; 1 pail, value 1s.; 1 broom, value 1s.; 1 brush, value 1s.; 1 chair, value 1s. 6d.; 1 stool, value 1s.; 1 spoon, value 1d.; 30lbs. weight of beef, value 6s.; 1 wheel-barrow, value 15s.; 5 trowels, value 5s.; 2 aprons, value 9d.; and 2 frocks, value 4s.; the goods of the Guardians of the Poor of the Greenwich Union, in the counties of Kent and Surrey.
MR. BODKIN conducted the Prosecution.
BENJAMIN LOVELL (police-sergeant R 15.) On Sunday morning, the 25th of April, I was on duty near the Greenwich Union-workhouse— about three o'clock, I observed the prisoner in the ground of the workhouse, walking along by the wall, right along by the gaslight—he had three bundles, one in each hand, and one under his arm—I asked where he was going—he said to the stable—I asked if he belonged to the workhouse—he said, "Yes"—I said I did not believe it, and got over after him—to
threw the bundles down, ran, and got away—I took possession of the bundles—they contained the greater portion of the property stated in the indictment—there was a barrow outside the ground, containing 30lbs. of beef, a broom, and other things—I afterwards took the prisoner into custody, about nine o'clock the same morning, in an empty room in Griffin-street, about a mile from the workhouse—I told him what I took him for—he did not speak—I took his shoes off, returned to the place accompanied by the master of the workhouse, and compared them with the marks on the ground—they appeared to correspond, and also with marks about where the barrow stood—the impressions were left sufficient to tell, as there had been rain in the fore-part of the night.
JOHN SUTTON . I am master of the workhouse. I produce an office copy of the order of the Poor Law Commissioners forming the Greenwich Union—I am appointed by the guardians. On the morning in question, I was disturbed by Lovell—I got up and saw these articles which I can positively swear to—the greatest part of them are branded with the mark of the Union—they are the property of the guardians—the prisoner was formerly a pauper in the workhouse, and was employed in the kitchen as a cook, for about eight months—he left on the 26th of March—he had no business on the premises after that—his employment as cook would give him an opportunity of knowing where every thing was kept—the inner door is not kept locked—it is left open for the convenience of the men who have to work early in the morning—if a person got over the wall, he could get into the kitchen, but no further, as all the other part is locked up—I saw the prisoner's shoes compared with the marks, and they appeared to correspend exactly.
Prisoner's Defence. No one saw me take the things.
BENJAMIN LOVELL re-examined. I saw him with them under his arm —I did not see him come out of the building with them—I saw him on the premises right under the gas lamp for the space of thirty yards before spoke to him—I followed him right over the garden-ground, to near Blackheath.
GUILTY . Aged 33.— Confined Six Months.
WILLIAM ANDERSON . I am a gunner in the Royal Horse Artillery, at Woolwich. On Monday afternoon, the 26th of April, I gave my wife a sovereign, which she put into a box in my room—we only occupy one room—it is a lodging-house—the landlord does not live in it—the prisoner was present when my wife put the sovereign into the box—in consequence of what I afterwards heard from my wife, I sent for the prisoner, and asked her if she had taken the money out of the box—she denied it, but said rather than be charged, she would go and borrow one, and give it me in place of it.
GEORGIANA ANDERSON . I am the prosecutor's wife. On the 26th of April, I placed a sovereign in a box in our room—the prisoner was present —she went away soon afterwards—I went out at a little after three o'clock, think, but I have no clock—I locked the room-door, and put the key on a nail, between two laths outside the door—the prisoner knew where I put it—she was brought up from a child with me—I was absent about half an
hour—as soon as I returned, I had occasion to go to the box, and missed the sovereign—I had left the box unlocked—when I saw the prisoner, she said she had not taken it, and offered to borrow a sovereign—I had told her I was going out.
HANNAH HARDING . I am a widow, and live in the house. On Monday, the 26th of April, I saw the prisoner coming down stairs about half-past four o'clock—I was going out at the time, and as I went out of the passage I met the prosecutrix—she came in immediately after the prisoner went out.
NOT GUILTY .
1500. SAMUEL LITTLE and GEORGE DOUGHTY were indicted for feloniously breaking and entering the warehouse of George Smith, on the 10th of April, at Greenwich, and stealing therein 3 yards of matting, value 2s.; 6 cups, value 6d.; 6 saucers, value 6d.; 2 towels, value 9d.; 1 basket, value 5s.; and 2 glass tumblers, value 1s.; his property.
GEORGE SMITH . I am a mariner, and have a warehouse in Stockville-street, Greenwich. On the 13th of April, I missed the articles stated from there—it was broken open on the 10th—I found the staple drawn, by which an entrance was effected—this is my matting.
THOMAS WOOLLEY . I am a shoemaker, and live in York-street, Green-wich. On the 10th of April, Little brought me this matting and asked me to buy it—I refused, saying, if I were to buy it, I should be as bad as him, if the owner were to find it on me—I told him to take it away, which he did—I saw Doughty at the time, standing about thirty yards from my house, waiting for Little—he joined Doughty, and they went away together, with the matting.
Doughty. I was not there—I was at the Commercial Docks before breakfast. Witness. Yes, he was by the corner of the railings—it was about eight o'clock.
REBECCA BELL . I am the wife of James Bell, a waterman, and keeps broker's shop, in Greenwich. On the 10th of April, about a quarter-past nine o'clock in the morning, Little brought a piece of matting and asked me to buy it—I asked who it belonged to—he said to his father, who was unable to come himself, and had sent him—I gave him 15d. for it—I laid it on the pailings, and sold it between nine and ten at night, to a person named Norris—I referred the policeman to that person—this is the matting now produced.
GEORGE HARRIS (police-constable R 158.) I took the prisoners into custody on the 28th of April, on the wood wharf, near the prosecutor's house—they were together—I said I suspected them of robbing Mr. Smith's warehouse—they both said I was mistaken—I afterwards found this matting at the house of one Norris.
Little's Defence. We were in Brew house-lane—a man came up to us, and asked if we knew any one that wanted to buy a piece of stuff—I went and sold it to Mrs. Bell for 1s.—I took it to the man, and he gave us 2d. between us—I never went to Mr. Smith's.
Doughty's Defence. I was not with Little—I was at work.
LITTLE*— GUILTY . Aged 16.— Confined One Year.
DOUGHTY— NOT GUILTY .
Before Mr. Justice Coltman.
1501. GEORGE BIGGS was indicted for unlawfully, maliciously, and feloniously assaulting James Ryan, on the 14th of April, and cutting and wounding him in and upon the throat, with intent to do him some grievous bodily barm.
JAMES RYAN . I am a chimney-sweeper. On the 14th of April, about five o'clock, I was at the Duke of York public-house, having a little beer—the prisoner was in the room—I have known him twenty years—we drank together, and were skylarking and pushing one another about—I threw a handful of soot in his face—I went out of the parlour, and left him in the tap-room—the soot went in his eyes, he took and rubbed them—I went into the tap-room again—he came into the tap-room in about a quarter of an boor, I think, after me, and struck me twice with his hand on my neck—I did not see any thing in his hand till I was going out at the door—(Hurley led me out to a doctor's shop—my neck was scratched, and bleeding all the way to the doctor's—it bled a good drop)—out at the door I saw a knife in his hand—they were the only two blows I got—I was standing up at the time—as he was going I fell backwards against the fire-place, from the first blow; and as I was getting up I got the second blow—I was very drunk at the time, the prisoner was drunk also—I had had no quarrel with him.
Cross-examined by MR. BALLANTINE. Q. You had been exceeding good friends and companions? A. Yes, we were playing and larking all day—I fell as much from drunkenness as any thing—he had no ill feeling towards me—when I threw the soot in his face, he appeared in great pain—he rubbed his eyes very much, and complained of the pain—he had washed his face when he came into the room again—I do not remember laying any thing to him about his eyes when he came into the room—I will not undertake to say I did not say something to him before he struck me.
CHARLES SHERMAN . I saw the prisoner and Ryan come in and out of the public-house several times—then I did not see them for a considerable time—Ryan then came into the tap-room, and in about eight or ten minutes the prisoner came in, and struck him under the chin—I did not see any thing in his hand then—the prosecutor fell back to the fire-place—I lifted him up, and saw the prisoner come to him again with a knife, and then I saw him cut under the chin—I gave him into another person's hands, while I ran for a policeman, and gave the prisoner in charge—Ryan said nothing to the prisoner, nor did he strike him when he came into the room.
Cross-examined. Q. Did you observe the prisoner's eyes at the time? A. I did not—I saw nothing of the soot being thrown in his face—I have known him some years, as a peaceable, quiet, well-conducted man.
WILLIAM GARLICK . I saw the prisoner strike the prosecutor—his eyes were very much running with water at the time, as if suffering from the soot being thrown at him—he was ribbing them at the time—they appeared much inflamed, and he appeared in great pain.
RICHARD HOARE . I am a surgeon. I saw Ryan about half-past nine o'clock the same evening—I found two wounds in his throat, extending from the chin down to the thyroid cartilage, about three inches long, and three quarters of an inch deep—the other was about half an inch to the right, about three quarters of an inch long and a quarter deep—neither of the wounds were dangerous in themselves, as there were no arteries near, and the windpipe itself was not cut—if it had been cut to the extent of the
wound, there would have been very great danger—the instrument must have grazed the windpipe, and have been turned off by it.
Cross-examined. Q. Was it a smooth wound? A. Yes—he has been under my care ever since—he is quite recovered.
GUILTY of an Assault. Aged 34.—Recommended to mercy by the Prosecutor.— Confined Twelve Months.
JAMES FLEMING . I keep a second-hand clothes-shop at Greenwich. On Wednesday, the 12th of May, the prisoner came to sell a waistcoat for 1s.—I declined it—he then said, "Will you give me 6d?"—I said, "No, you are an indifferent character, and I want no dealings with you"—he threw the waistcoat on the floor over a pair of cotton stockings—he took it up immediately, and the stockings with it—he left my house immediately, and went over to the Ship and Last public-house—I followed him, and saw him place himself in the settle of the public-house—I said, "You have taken a pair of stockings along with that waistcoat"—he said, "I have not got them"—I said, "If you have not, you know where they are"—I sent my wife for a policeman—she had gone over to the house will me—the policeman came, and the stockings were found by the pot-boy—the prisoner threw them under the table, after the policeman came—I saw them in the policeman's hands—I did not myself see where they came from.
Prisoner. Q. You saw me take them, you say, and pursued me imme-diately? A. Yes.
JOHN CATON . I am pot-boy at the Ship and Last public-house. Last Wednesday I saw the prisoner going over to Mr. Fleming's—he afterwards came back, and sat down in our tap-room—Mr. Fleming came over, and sent for a constable—I saw the prisoner take the stockings out of his coat-pocket, and chuck them under the settle—I got under the table, got then, and gave them to my mistress, who held them till the policeman came, and then gave them to him.
Prisoner. Q. Did you see Mrs. Fleming come in and accuse me of having them in my pocket? A. Yes—you went out into the yard two or three times—you pulled off your coat and waistcoat—I did not see you empty your pockets—you went into the yard two or three minutes before Fleming came in—then you came back, and sat down on the settle—you only went out once—you were sitting on the settle when Fleming came in—Fleming said, "You have got my stockings"—you said, "I have not"—Fleming then said, "I will go and fetch a policeman," and went out, and after that I saw you pull the stockings out.
Prisoner. Mrs. Fleming was present when I turned my pockets out, and said, "Now do you see whether I have got it?" Witness. I did not see that—he put his coat and waistcoat on again while the policeman was sent for, and took the stockings, and chucked them under the table—he had the coat down under the table while he did it.
them?"—I said, "If you have not, you know where they are"—he did not empty his pockets—he threw his coat and waistcoat down in the middle of the tap-room—my wife was in the tap-room then.
Prisoner. Q. Did not I take out combs and things from my pocket, and show you I had not got them? A. He took two combs, or something, out of his waistcoat pocket, but not out of his coat pocket.
Prisoner's Defence. I was drinking at the Ship and Last public-house, with three or four more—I had no money to pay my share, and one of them said, "Go and get something on your waistcoat at Fleming's," who lends money on articles, but for the last month I have dealt at another house occasionally, and that has given offence to Fleming—he would not lend me any thing on my waistcoat—I went over to the public-house again—he came, in about five minutes, and said I had got his property—I took off my coat and waistcoat, and emptied my pockets, to show I had not, and they saw they were not there—I am certainly of opinion it is a con-spiracy, for the stockings to be conveyed to the house, to get me into trouble—I never took them—Mr. and Mrs. Fleming frequently came over to drink with me at the house.
Prisoner. Q. Were you not drinking with me a week ago? A. We bad a pint of porter, not two.
JURY. Q. Have you and your wife been in the habit of advancing money on clothes to the prisoner? A. He has at times brought different articles, borrowed money on them, and had them back again.
NOT GUILTY .
Before Mr. Common Sergeant.
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 22.— Confined Three Months.
RICHARD HENRY BEAUMONT . I live in Nottinghamshire. On the 14th of April, in the evening, I was at Greenwich Fair—I had a handker-chief in my pocket—I missed it about seven o'clock, as I was walking through the fair, the officer touched me, and I saw my handkerchief in his hand, and the prisoner was by the officer's side—this is my handker-chief.
—I took him with it—he dropped it—I took it up, and spoke to the prosecutor—he identified it as his—I had been watching the prisoner, and saw him try many other pockets besides.
Prisoner. I did not take it at all.
GUILTY .** Aged 14.— Transported for Ten Years.—Convict Ship.
ROBERT FRANCE . I am a soldier in the artillery. On the evening of the 25th of April I was in a public-house at Woolwich, about eight o'clock—the prisoner came in, and I gave her a glass of gin—I was then going to my barracks—she came after me, and asked me to go to her room with her—I went there—she put her arms round my waist, and I found her hand in my pocket—I lost a half-sovereign and 2s. 6d.—I had it in my pocket as I went up to the room, and no one could have taken it but her—I came out and found a policeman—the prisoner could not be found for some time—I found her in the public-house again, and gave her into custody.
Prisoner. I did not have it—he was in several other girls' company before he was in mine.
ROBERT FRANCE re-examined. Q. In what manner had you spent the day? A. had a brother come down to see me—I left the barracks at three o'clock with him—at six be went on board a vessel to go to London—I had drunk a little, but was quite sober.
GUILTY .** Aged 18.— Transported for Ten Years.
JAMES CHALLONER . I am a recruit in the Royal Artillery, at Woolwich, On the 5th of May, about eight o'clock, I was in the Marquis of Granby public-house—the prisoner asked me if I would swap caps with him—I told him I did not know—there were two or three more soldiers there, and they told me I must, and I did—my cap was not an Artillery cap, but this one, (producing it,) which the prisoner brought, was.
JAMES M'CABE . I am in the Artillery. I left my cap in the barracks about eleven o'clock—the prisoner was in the barracks at the time—I left, and returned in half an hour—the cap was then gone, and the prisoner also—there was no person but him in the room when I was there—he had been in the regiment, but he was not then.
Prisoner. Q. How do you know I took the cap out? A. I did not see you take it, but you owned before the Magistrate that you took it out of the barrack-room.
JURY. Q. How do you know that cap? A. My name is in it—I am sure it is mine—he left an old cap, which is more worn than this, and he brought off this new one.
COURT. Q. What was he wearing at the barracks? A. A cap, and te wanted me to swap a hat with him for his cap, and he had my hat—he had no cap of his own then—he then took this cap, and left the hat, because he thought he could get more for this—he came out in this cap, and told the men inside that he would be back in a minute, but he did not come—
this is a new cap—the one he had on was an old one—I had his old cap on my head when I went out, and he had left my hat there.
JAMES CHALLONER re-examined. My cap was worth about 6d.—the prisoner drank from half-past seven till half-past eight o'clock—he said he had not any money—he took my cap off my head, and asked if I would swap with him—I said I did not know, and two soldiers that were there sail, "Do, Jem, it will be useful to you, it is no use to him, he has been discharged now"—I paid for the liquor.
JURY. Q. Do you know the value of this cap? A. No—it is worth more than the one I parted with—I gave half-a-crown for that, but it was getting old—it was worth perhaps 6d.—the prisoner was not quite sober—he was rather fresh, but he could stand very well.
Prisoner. I intended to return with the cap again, but I got tipsy, and did not return.
GUILTY . Aged 27.— Confined One Month.
JOHNSON pleaded GUILTY . Aged 17—Recommended to mercy.— Confined Three Months.
FREDERICK PICKARD . I went to Greenwich fair on the 14th of April—I had a handkerchief in my pocket—I saw it safe about five minutes before I received information from the policeman—I then looked about, and saw my handkerchief in the prisoner Johnson's hand—this is it.
CHARLES BURGESS GOFF (police-constable L 31.) I was there on duty about two o'clock in the afternoon—I saw the prisoners there together for about an hour—they were walking and talking together—I saw them go behind several gentlemen—Johnson was in the middle each time, and felt four or five gentlemen's pockets—the others stood one on each side of him, so as to cover him, and prevent any body seeing him—I then saw them go behind the prosecutor—Johnson went first, and the other two closed on him—Ennever stood on his left hand, and lifted the tail of bis coat against Johnson, while Johnson took the handkerchief—Detmar was on the right-hand side of Johnson, but I lost sight of him the moment the handkerchief was taken.
JONATHAN WHICHER (police-constable E 47.) I was with Goff, and saw the prisoners for upwards of an hour, walking and talking together—I saw Johnson feel several gentlemen's pockets—the other two went and closed up behind him, I suppose, to endeavour to conceal him—I saw Johnson take the handkerchief from the prosecutor's pocket—I immediately took him into custody—before he took it the others were one on each side of him, but the moment I took Johnson with the handkerchief in his hand, I looked round, and Detmar was gone.
ENNEVER— NOT GUILTY .
DETMAR— NOT GUILTY .
Before Mr. Sergeant Ardbin.
THOMAS NIFF . I am a Greenwich pensioner. On the 6th of April I went to Tower-hill to take my pension, between twelve and one o'clock—I then went down from London with it safe—I had 2l. 11s.—I paid what I owed, and wanted to go and buy myself two or three articles—I was going by the Feathers public-house, at Deptford—the prisoner came and got hold of my arm, and insisted on my going into the Feathers—at last I went in, and called for half a pint of rum, I believe—whether I drank any or not I cannot tell, but it was drunk—the mistress of the Feathers then asked me to leave my money with her—I knew her before—the prisoner said, "No, don't, put it into your pocket"—I put it into my pocket, and then she took me by the arm, got me out, and took me home to her lodging—we sat a little while, and I said I wanted to go out to buy myself a hat, and I wanted something to eat—I said I would go out—the prisoner said, "Oh, no, I will fetch a little girl, and she shall fetch what you want"—the girl came—I gave a shilling—she brought some sausages, bread and beer—the prisoner then told her to go out, and a little while after she called her in again—I gave her 1s. 6d. to go and fetch something else, which she did—then the prisoner told her to go out, and I saw no more of her—it was getting late, and I said I wanted to go out to go to bed—the prisoner said, "You can lie down here"—I was pulling off my things and she would persist in putting a shift over my head to mother me—I pulled off my trowsers, and put them on the bed—she snatched my money, and ran off—she took the purse and the money altogether—I got off the bed, but it was no use, she was off—I went out, got a policeman, and told him about it—it was then between twelve and one o'clock—not more than a quarter of an hour elapsed from the time she ran out till she was taken—I have never seen the purse nor the money since—I had been drinking, but was not drunk—there was a sovereign in my purse, and a lot of silver—I was sober enough when I lost my money—it made me sober.
MARY MITCHELL . I live in Mill-lane. The prisoner came for me to get some errands—I went for a pound of sausages, a half-quartern loaf, and a penny worth, of tobacco—the old gentleman gave me the money to get it—I went for some other things after that—I saw he had got a sovereign and some silver in a bag.
Prisoner. Q. Did you not hear him say, "I must go home; I am in a hurry?" A. I did not.
ELIZABETH AISTROPP . My husband keeps the Plume of Feathers public-house on Deptford bridge. The prosecutor came with the prisoner on the night mentioned—he called for half a pint of rum—he took a shilling out of a canvass bag to pay for it—I offered to take care of his money, and she said, "Don't you do so."
Prisoner. It was a pot of beer and a quartern of rum he had. Witness. No, it was half a pint of rum.
JOHN ROSCOE (police-sergeant R 9.) I heard the prosecutor was robbed—I found the prisoner, and told her he charged her with robbing him of a sovereign and some silver—she denied having seen him at first, and then she said she did see him outside the Feathers, and he told her he was going to receive his pension the next day, and she lent him two sixpences—she said, "A dirty old b—, this is what I get for my good-nature."
Prisoner. Q. Did he deny my lending him the two sixpences? A. Certainly he did, and gave you in charge for robbing him.
Prisoner's Defence. When I first met this man he said, "Mary Smith, where are you going?"—I said, "To get some beer for my sapper"—he said, "Have you got any money to lend me, I don't receive my pension till tomorrow?"—I said, "I don't mind lending you sixpence or a shilling," and I did—I met him the next night—we went and had a quartern of rum, and a pot of beer—he left me in the public-house, and was gone ten minutes—I went home, and in coming back I met him—he said, "I will go home with you; I want some supper," and I sent for this girl—he said he must go home—he went, and stopped some time—he came back, and said he had placed his money all safe, and said, "I will stop with you to-night"—I said, "What will you give me?"—he said, "3s. 6d."—I said, "No, it will take me 3s. 6d. to buy soap to wash my bed and blankets after you"—he sent me out for beer, and stole my shift from under the bed, and put on him—he said he would trepan me, and get me locked up, and say I had robbed him—I never saw his money, no more than I see it now.
GUILTY . Aged 27.— Transported for Seven Years.
JAMES TURNER . I am a labouring man. I fell in with the prisoner about eleven o'clock at night on the 9th of April, in Hogg-lane, Green-wich never knew her before—she asked where I was going—I said I—I did not know—she said, "I have a house, come and give me 1s. for my bed to-night?"—I went there and sat down on a chair, and she disputed whether I had any money—I put my hand into my pocket, and showed her 19s. 2 1/2 d.—I fell asleep, but her pulling me about, and putting her hand in my pocket, aroused me up—she had got to the door—I missed my money, went to her, and charged her with having my money—she said several times, "Don't make a noise; you shall have every farthing in the morning"—the policeman who heard it came in and took her.
Prisoner. He said he had but 3s.—he gave me no money, and I said, "You had better go home."
JOHN WALKER . I am a policeman. I was going by the house, and heard a man say, "I am robbed of 19s. 2 1/2 d., and one penny I can swear to"—the prisoner said, "Don't make a noise, I will give it you in the morning"—I went in, and said to the prosecutor, "Will you give her in charge?"—he said, "Yes—one penny I can swear to."
JOHN KEMPSEY . I am a policeman. I went into the prisoner's room, and under a brick in the fire-place I found a penny piece, two shillings, and a sixpence—this other sixpence was under some shavings, and three halfpence in the prisoner's pocket—the prosecutor swore to the penny piece.
Prisoner's Defence. I said, "If you have lost any thing here it shall be found in the morning"—it is all a bit of spite because he could not have his wish of me—if I ever had we farthing of the man's money I hope I may drop dead before the Lord—I said I had nothing but three halfpence, and
that they found on me—I am as innocent as a baby—Mr. Finch said to him, "I am afraid you are taking a false oath."
GUILTY . Aged 61.— Confined Twelve Months.
Before Mr. Recorder.
RICHARD SWAN . I am a butcher, and live in Cross-street, Blackfriars-road. The prisoner was in my service several times—the last time for six months—I purchased some beasts of a Mr. Walley in Smithfield, for which I was to pay 52l.—I paid 10l. on account, and was to send the remainder—on the 13th of April I gave the prisoner 42l. in gold and silver to take there—he never returned, and I had to pay the money again—I saw no more of him till the 19th, when he was in custody.
JOSHUA WILCOX . I am clerk to Messrs. Jones, bankers, in Smithfield I received from the prosecutor the amount of stock bought in the market of Mr. Walley—the prisoner never brought me any money from the prosecutor on the 13th or 14th of April—no sum was paid on Mr. Walley's account except what the prosecutor paid.
DONALD MURRAY (police-constable M 119.) I was on duty at the police-court, Union-hall, on the 19th of April—the prisoner came there—I told him I wanted him—he said, "I had made up my mind to give myself up"—I only found two sixpences on him.
Prisoner's Defence. He did not say he wanted me—I delivered myself into his hands—I lost the money, and did not know what to do—I sent my wife to Mr. Swan to say I had come home, and he said I might go about my business, he would not trouble his head about me—I went to Union-hall to deliver myself up, and Mr. Swan came there.
RICHARD SWAN re-examined. His wife came to me, but I did not know what the intention of her coming was—I had been looking after him—I said to her, "Let the villain go about his business, he has got my money, and that is all he cares about"—I immediately went to the station, and gave information—he boarded with me, and bad ten shillings a week, and a joint of meat on Sundays—he knew it was with great difficulty I could get this money together.
Prisoner. The money stated is not right—there was a 5l. note among it, which I changed at the Cross-keys public-house in the Blackfriars-road got drinking with a man, and went to Greenwich, it being Easter Tuesday—I had a little money of my own before I broke into Mr. Swan's, Witness. He changed the silver for a 5l. note, and three sovereigns, at a neighbour's—he was sober when he left my premises.
GUILTY . Aged 25.— Transported for Seven Years.
1512. JAMES WEBBER was indicted for stealing, on the 29th of April, 1 frock, value 1s. 6d.; 1 tippet, value 6d.; the goods of William Mindenhall; 1 petticoat, value 1s.; 1 pair of socks, value 6d.; 2 napkins, value 4d.; and 1 pillow-case, value 6d.; the goods of Richard champion.
MARIA CHAMPION . I am the wife of Ricahrd Champion, and live at Battersea. On the 29th April, between four and five o'clock in the afternoon, I hung out some clothes to dry in the garden—I did not miss them till I was told of it—this petticoat, socks, and pillow-case now produced are mine, and what I missed.
JOHN MENNIE . I am a policeman. About four o'clock in the morning of the 30th of April, I met the prisoner in Batterson-fields—seeing he was rather bulky, I stopped him, and asked what he had in his pocket—he said what he had was his own property—I said, "You don't live about here?"—he said, "I do not"—I said, "Where do you come from?"—he said, "From No 20, Old Bailey"—I said, "Where are you going to?"—he said, "To Brompton to look for work"—I said, "It is a rum time to look for work"—I searched him, and found this property on him wet—I took him to the station.
WILLIAM GIBBS . I am a policeman. I assisted in taking the prisoner to the station—I found the child's frock on the line of road the prisoner would have to go from the prosecutors—it was about two hundred yards from there.
CHARLES GINGER . I am a policeman. I took the priosner's shoes off, and compared them with footmarks in the prosecutor's garden, and they exactly corresponded—I traced them through a nursery ground right under the line the clothes were taken from.
Prisoner's Defence. I never went out of the road—the things I had I found by the road-side.
GUILTY . Aged 28.— Confined Six Months.
1513. ANN JOHNSON was indicted for stealing, on the 7th of March, 1 sheet, value 5s., the goods of Catherine Miles, since deceased; 1 shawl, value 5s.; 1 pair of boots, value 2s.; 1 cap, value 6d.; and 1 frock, value 2d.; the goods of Catherine Miles the younger.
CATHERINE MILES, JUN . I am single, and live in Redcross-court, Southwark—the prisoner lodged there with my mother in March, and slept in the same bed with me—she left on the 7th of March, in the morning without giving any notice, and I missed the articles stated—the sheet was my mother's, who is since dead—the other things are mine—the prionser was apprehended about six weeks afterwards.
PATRICK DALEY (Police-constable P 246.) I received the prionser in custody at the Lord Nelson public-house—I searched a bed-room, which Mrs. Johnson said was the prionser's and in a box there I found this frock—the prionser was at the station at the time.
Prionser. It was not in a box, I had left it in a drawer.
SARAH JOHNSON . I am the wife of Joseph Johnson—we keep the Lord Nelson public-house in Old Kent-road—the prionser was in our service—I was present when the officer found the frock—I do not know whether it was in a box or drawer—the room was occupied by her alone—I found this pair of shoes in a cupboard in the kitchen which she used.
Prisoner's Defence. The prosecutrix lent me the gown, while I washed my own—I left to go after a situation.
GUILTY . Aged 25.— Confined Six Months.
(There was another indictment against the prisoner.)
THOMAS DAVIS . I am a licensed retailer of beer, and live at the sign of the Lord John Russell, in George-street, Camberwell. The prisoner was in the habit of bringing me beer from the brewhouse, at Westminster, for about three weeks—I have been married about five months—on the 9th of April I went to my son's house in the City-road—I returned about four o'clock in the afternoon, and retired to rest at eleven—before I went to bed my wife gave me some gin and beer to drink—I fell asleep, but a woks about two in the morning, and found my wife was not in the house—I got up and missed my money, consisting of silver and gold, I cannot say how much, also a canvass bag, some boxes containing bed and table linen, a silver watch and a gold watch—the silver watch had been in the front room, over the fire-place—my wife had a spaniel bitch, which was also gone—I estimate my loss, as near as I can calculate, at about 80l.—I have recovered all but the money, the watch, a book, and purse—the watch was detained by order of the Magistrate.
Cross-examined by MR. CLARKSON. Q. The prisoner has not attempted to retain any thing? A. No—I have reason to believe that my wife is principally in the wrong about this—I have taken her back, and she is now living with me—I was compelled to give evidence against the prisoner, or else I had no desire to do so, finding my wife was principally to be complained of—she is here—nothing belonging to me has been sold.
COURT. Q. Is the prisoner any relation of yours? A. No, nor of my wife's.
EDWARD BALL . I am a green-grocer, and live in Marcham-street, Westminster. I keep a horse and cart, and move goods—I have known the prisoner about four years—he came to me on Good Friday, and said he should want me in the evening—I asked what for—he said only to move his sister and her boxes from her situation—he said, "I shall not want you till ten; she cannot get away till late, half-past ten, or eleven o'clock"—I got the horse ready at the door—he came to me at ten, and we went together to Camberwell—when we came to the corner of George-street he gave me 2d. to get a pint of beer, and told roe to wait there till he went to see if she was ready—I waited till ten minutes or a quarter after one—he then came and beckoned me to follow him, which I did, to the house, where he told me to stop, opposite the Lord John Russell—he brought out two boxes, some band-boxes, and different things, handed them to me, and I put them into the cart—he told me to draw to the corner of George-street again, and he would follow me—when I first drew up to the door he said, "Be as quiet as you can"—the boxes stood inside the passage, and the door was open—he went inside the prosecutor's passage, and brought the boxes out one at a time—he brought some little parcels in his hand,
when he got into the cart himself—I went to the comer of the street, and I waited till he and a female came to me—I have since seen that woman before the Magistrate—it was Mrs. Davis—there was a spaniel put into the cart, and a picture of another spaniel—I drove to the corner of a court in Gracechurch-street by the prisoner's direction—the luggage was taken into the Ship tavern, Talbot-court—I left the prisoner and the woman there—at the time he took the things out he said, "I shall get some money from her, and will pay you in the morning"—I supposed she was his sister.
Cross-examined. Q. Hare you ever been paid? A. No.
COURT. Q. Did you see any thing of the woman when the prisoner, from time to time, went and fetched out the goods? A. No, I saw no person but the prisoner at the door.
EDWARD MARKLEW . I keep the Ship tavern, in Talbot-court, Grace-church-street. On the 9th of April the prisoner came to me and asked if be could be accommodated with a bed that evening, as he expected his wife from the country, and she would not be in till after twelve o'clock—I be brought Mary Ann Davis with him about ten minutes before two—we sat up for him—he had a bundle in each hand—one contained a tea-pot, cream-jug, sugar-basin, and some silver-spoons, and the other a cruet-stand—the woman had a spaniel in one arm, and a print of three others in the other arm—some boxes and bundles were brought in by the prisoner, one at a time—they occupied the same bed-room, and breakfasted together—the prisoner went down to the steam-wharf, and brought a porter, who took the goods away—the prisoner paid me my expenses.
PETER KENDALL . I am a policeman. On the 12th of April, Easter Monday, I went to a lodging-house in High-street, Margate—I went up stairs, looked through a pannel, and after the door was open I saw the prisoner and Mrs. Davis together—the prisoner opened the door—Mrs. Davis was on the bed—I secured the prisoner, searched the room, and between the bed and mattress found a gold watch, a silver watch, and a purse with three sovereigns, two half-sovereigns, and 9s. in it—I went down to the prisoner with the watches in my hand—he said, "Mind, there is nothing belonging to me except this guard-chain attached to the watch"—there was a red bundle, which he delivered to me as his own property, and, on arriving in London, I found a canvass bag and an account-book in that bundle which the prosecutor claims—I found some boxes of linen, wearing-apparel, and some articles of plate, in the sitting-room below —this account-book is in the same state as I found it—the prisoner tied up the bundle himself at the house at Margate in my presence—I am sure the book and purse were in that bundle—the prisoner was in the service of Mr. Thorn the brewer at the time he went away.
THOMAS DAVIS re-examined. This silver watch with the chain to it is mine—this canvass bag had contained my money—the other articles were delivered up to me—they were all plated except the tea and table spoons.
Cross-examined. Q. I believe, from what you know of this transaction, you have every compassion for the prisoner? A. Yes, so far as my wife was concerned in it.
MR. CLARKSON called
been married about four months when I went away with the prisoner—I have known the prisoner about seven weeks—my acquaintance with him arose from his bringing beer from his master's to my husband's—on Good Friday I left my husband's house—there were a number of bundles and property belonging to my husband in the passage—I placed them there— I packed them up, and enclosed them for the purpose of taking them away—the prisoner did not see me do so, or know their contents.
Q. Who was the instigator of this, leaving your husband's house, was it your act or his? A. It was of my own accord—I proposed it to the prisoner—the prisoner did not know what the bundles contained, nor did he know that I bad any money with me.
COURT. Q. Where was the bag of money? A. There was none in a bag—some was in my pocket, and the remainder in a tea-caddy—the watch was under the bed—I put it there—when I left the house, the gold watch was in my drawer, and the other on the mantel-piece—I had worn the gold watch—I took it away in one of my bundles—I afterwards put the prisoner's guard on my husband's watch—I took away £7 5s. 8d. in money I believe—I authorised the prisoner to pay the expenses while we were away—I had my own money, the money I took from the house—I authorised the prisoner to pay—I did not give him the money—he had no money of mine, I cannot tell whether he had any of his own—he paid with his own money—I swear that—I authorised him to pay it—I did not give him any of my money to do it—he paid the landlord where we slept the first night when he took the bed—I did not give him the money to pay it with—he paid the travelling expenses to Margate, I swear that—he must have had money when he went off with me—I swear he had—the spoons I packed up in the boxes—the cream jug was in the bundle—the prisoner did not know I had them—he did not know it till Sergeant Kendall took them from him, not till after we got to Margate—the spoons were not to be seen when the goods were moved—they might see the handle of the tea-pot—they could not see the cream-jug—the prisoner fed the spaniel out of the cream-jug after Sergeant Kendall was there, not before—when the packages were removed out of the passage, I was standing alongside of them, and handed them to the prisoner—I was not in the passage—I was standing outside the bar, handing every parcel to the prisoner—I swear that he paid with his own money at the house where we slept the first night—I did not furnish him with the money—I came back with all the money I took out with me with the exception of 2s. 5d.—if it has been stated that I took a great deal more than I have said, it is very wrong, for that was all the money I took with me—the watch was not made use of—I put the guard on it that afternoon—I did not hear the prisoner tell Ball that he would get some money from me in the morning and then settle with him.
EDWARD MARKLEW re-examined. Nobody was present when the prisoner paid for the room and breakfast—he paid for the bed on the morning that he came and engaged it—when they went away Mrs. Davis had a drop of brandy at the bar, and she paidjifor that alone—we told her there was breakfast to pay for—she said, Oh, her husband would pay, that men were not to know all things—he paid it when he was alone—it was 1s. 6d.
NOT GUILTY .
1515. MARY THOMPSON was indicted for stealing, on the 12th of October, 1 watch, value 7l.; 1 watch-guard, value 1l. 5s.; 15 spoons, value 5l. 10s.; 2 candlesticks, value 2l. 1 pair of snuffers, value 7s.; 1 snuffer-tray, value 7s.; 26 knives, value 1l. 10s.; 26 forks, value 1l. 10s.; 7 table-cloths, value 22,; 2 coats, value 7l.; 4 handkerchiefs, value 10s.; 4 shirts, value 2l.; 3 shirts, value; 1l. clock, value 2l.; 5 shawls, value 7l.; 5 gowns, value 5l.; 1 pair of stays, value 10s.; 3 petticoats, value 10s.; 4 shifts, value 1l.; 2 bed-gowns, value 5s.; 2 pairs of stockings, value 3s.; 1 pair of boots, value 10s., and 1 basket, value 1s.; the goods of Daniel Percival, her master.
SUSANNA PLUMBRTDGE . I live with my son-in-law, Daniel Percival, at Caraberwell. The prisoner came into his service at the latter end of August —she remained four weeks, and then went away for a fortnight, having a bad knee—she returned on Saturday night. On the Monday morning I went out about ten o'clock—I returned between eleven and twelve, and she was gone—she had given no notice that she was going—I found a large box up stairs broken open, and a quantity of plate and linen gone, also other articles from the drawers—I did not see the prisoner again till she was in custody last Sunday fortnight—this happened on the 12th of October.
JAMES BROOK (police-constable L 118.) I took the prisoner into custody on the 25th of April in Union-street, Borough.—I said I took her for absconding from her master in October last, and stealing a quantity of plate and wearing apparel—she made no reply—I have two pairs of scissors which I received from Mrs. Plumbridge—I applied them to the marks on the drawers and box in Mr. Percival's house, and they corresponded—such instruments as these must have been employed in making those marks—there were the marks of two pairs of scissors—both these are broken.
SUSANNA PLUMBRIDGE re-examined. I found these scissors on the bed when I went up stairs—the box and drawers had been broken open with them—no one could have got into the house during my absence—I shut the door when I went out—when I returned I found the prisoner had left the side gate and the side door on the latch—one pair of these scissors belong to her, the others are mine—I left them on the mantel-piece down stairs—she could get at them—I left a child three years old in the house with the prisoner, and when I came back the child was lying on the bed by itself crying.
Prisoner's Defence. I did not go back to the situation with a view of stopping—my leg was too bad.
MRS. PLUMBRIDGE re-examined. She said it was better.
GUILTY . Aged 22.— Transported Seven Years.
Before Mr. Sergeant Arabia.
1516. JOHN HOFMAN, alias Chappel, alias Connell , was indicted for feloniously, and without lawful excuse, being at large within her Majesty's dominions, before the expiration of the term of his natural life, for which he had been ordered to be transported; to which he pleaded.
GUILTY . Aged 32.— Confined Twelve Months, and Transported for Life.
Before Mr. Baron Parke.
MARGARET BUCKHAM . I am the wife of John Buckham—I took a lodging in the prisoner's house, 21, South-street, in the parish of Lambeth—the prisoner occupied the house—William Bradshaw, her husband, is at present in White Cross-street prison—I am not aware whether he ever occupied the house himself—on Wednesday, the 22nd of April, I slept is the house on a sofa in the parlour—my trunk was in a room up stairs—it was perfectly safe the night before—it was not locked—there was a small purse in it containing 47 sovereigns, and five £5 notes, which I saw safe at nine o'clock that night—the prisoner slept on another sofa in the same room as me—we both went to bed about ten o'clock—I got up at seven in the morning—the prisoner was lying on the'sofa when I awoke—she got up afterwards and left the room, saying she was going to get some wood to light the fire—she never returned—I stopped in the room two hours—I then went up stairs to my trunk, and traced some flour on the floor from my room to her bed-room—there was no flour In my trunk, it was lying down by the side of it—I looked at my money, an a found 27 sovereigns gone, and one £5 note—I immediately went to a neighbour, who advised me to go to the police, and I gave information to the police—I found the prisoner about six o'clock that evening in a house at Bermondsey in a state of intoxication—she did not appear so to me in the morning when she left the room.
Cross-examined by MR. HORRT. Q. You have been fortunate enough to have a little money left you lately? A. Yes; before that I was living with my mother in Edinburgh—I went to live with the prisoner after my mother's death—I had known her for many years—I had been in her husband's service once—I had been lodging in her house nearly three weeks off and on—I could not occupy the room while my mother was lying sick—lam parted from my husband—the prisoner was frequently out with me enjoying ourselves—she knew I had the money—I put implicit confidence in her—I had not been drinking with her the day before, I was too much fatigued—she was out part of the day—I had been out with her once or twice that day, but I was at home the whole evening—I not in liquor—my husband and I parted mutually—he did not attribute any thing to me.
FRANCES DAINTRY . I am the wife of Robert Daintry, a tailor, in Hercules-buildings. I accompanied the prosecutrix to 23, Magdalen-street, Bermond-sey, about six o'clock in the evening of 22nd of April; I found the prisoner very much intoxicated, lying in the bed with her clothes on—there was a policeman there, who ordered me to search the prisoner—I put my hand under her head to raise her up, and said, "Mrs. Bradshaw, how is this? you have robbed your friend"—as I rose her up, a purse fell either from her hand or bosom at my feet, containing three sovereigns, six half-crowns, five shillings, and a fourpennypiece—I gave it to the policeman—I said, "How could you be so ungrateful as to rob your friend?"—she said, "Robbed! I never robbed any one in my life," and asked me what I meant—on the following morning I went to the station to take her some tea—I found her apparently very ill—I said, "This is a bad job; how was it you could be so
cruel as to rob Mrs. Buckham? tell me where the money is"—she made pause—I said a second time, "Tell me where the money is?"—she said It is all safe"—she made some intimation which I cannot express—I said, "Mind, I do not hold out any promise to you, but tell me where the money is"—she said, "At No. 11, Charles-street; I have taken a room there; you will there find the money tied up in a handkerchief on the top of a cupboard"—I went with a constable according to that direction, and at the top of the cupboard I saw the policeman find the handkerchief with the money.
Cross-examined. Q. I believe you have known the prisoner some time? A. About three months—I did not know her when her husband kept a public-house—Mrs. Buckham came to me about nine o'clock that evening to go with her—the prosecutrix appeared perfectly sober—the prisoner was quite drunk when I saw her in Magdalen-street—next morning the appeared sober, but ill.
RICHARD ARTHUR . I am a policeman. On the evening of the 22nd I went with Mrs. Daintry to No. 23, Magdalen-street, Bermondsey—I found the prisoner drunk in bed—I saw the purse drop from her, with three sovereigns, six half-crowns, six sixpences, and a fourpeuny-piece in it, which I produce.
JAMES PEPPER . I am a policeman. I was on duty at the station when the prisoner was in custody, and heard the conversation about where the money was to be found—I went to that place, and found the handkerchief, containing twenty-one sovereigns and six duplicates, over the cupboard—I have not found the 5l. note—I have found the man who changed it—he was before the Magistrate—I was before Mr. Trail when the prisoner was examined—this is Mr. Trail's hand-writing, I believe—I have seen him write—I recollect the prisoner being examined—what she said was taken down—(read)—the prisoner says, "I am very sorry—I never did such a thing before in all my life."
MR. HORRT to MRS. BUCKHAM. Q. When did you receive the money? A. About three days before I arrived, which was three or four weeks before I went to the prisoner's house—I had it in notes and sovereigns, and took it to her house—I bad counted it the very day I was robbed, because I put two more sovereigns into the purse.
MR. HORRY called
MARIA RUTHERBY . I am the wife of a baker in South-street. I have known the prisoner three months, living next door to me—she came into the house a lone woman, and conducted herself most respectably, till Mrs. Buckham came into the house, and then it was a rendezvous for the lowest drunken wretches that could come there—I have seen the prisoner and prosecutrix out drinking together—on the 22nd of April I saw them drinking together till ten o'clock—the prosecutrix could not speak.
(The prisoner received a good character.)
GUILTY . Aged 46.—Recommended to mercy.— Confined Nine Months.
service, as shopman, on the 21st of April—on the 23rd of April, when I came home, in consequence of information I received, I went up to the prisoner's bed-room, at five o'clock, and saw a great-coat taken from Cooper's box, by one of my young men—Cooper was also one of my young men—I found in the pocket of that great-coat three pieces of lace—I sent for the prisoner, and asked him what that lace was in his pockets, and how he came by it—he said it was his property, and he was in the habit of purchasing lace to sell again—he said he had it, or brought it from Huntingdon shire—I asked what quantity there was—he could not give me any answer as to the lengths or the price—he said he purchased a quantity, part of Which he sold—he could not tell me the quantity of these particular three pieces, nor the particulars—he had bought a quantity, and sold some—he had bought as much as came to 8l. and sold tome to a person at Rochester—I do not remember the name, but he mentioned it—he said he had sold some in London, but he could not name the, parties—he did not say he would not, but he said he was not at liberty to name them, or he could not, I do not know which, but it signified that he would not give me the information—I sent for a policeman, and when be came I asked the prisoner again how he came by the lace—he said he had purchased it at the White Hart public-house, Tottenham Court-road, from a person named Chamberlain—when I sent for the policeman, the prisoner said he would like to go down stain to have a cup of tea—the young men were at tea—I went down with the prisoner, leaving Cooper in the bed-room—we were not down stairs two minutes before the policeman came—we went up stairs again—I saw the prisoner put on the same great-coat at I had found the lace in, and he went away with the constable with that coat—he has taken it from where it hung—I did not see any one put any lace into that coat-pocket while I was there—I stood by the coat, and nobody touched it—I had put the three pieces of lace back to the pocket before the prisoner came up, and when he came up I took them out again, and took possession of them, before he put the coat on—five pieces of lace were afterwards produced to me by the constable, the same day, and the whole of those five pieces I can swear to having my private mark on them—I cannot positively swear to the three pieces—I believe them to be mine, because I remember seeing such patterns in the stock, and they are folded in a particular manner, on card-board of a certain width, to fit the boxes—the cards appeared to have been slipped out of these, without undoing them—when they were found at the police-status the prisoner called out to me, "Mr. Stagg, I do not know any thing about these; some one must have put them into my pocket."
Cross-examined by MR. CHAMBERS. Q. I believe he came into your employ on the 21st of April, what day of the week was that? A. Wednesday—it was on Friday the 23rd I found the lace in his coat-pocket—I took him, from a gentleman named Venables, a linen-draper in White-chapel, from whom I received a very good character of him—the great-coat was taken from Cooper's box, by Shields, one of my young men—he is not here—I have a person named Withers in my employ—he is not here—he was not present during any part of the transaction—Shields hung up the coat where it was found—I searched it—the five pieces of lace were not there then—Cooper had taken it from the peg, and put it into his box till I came home—I examined both the back pockets—I should say it was quite impossible the lace could be in the coat at the time I searched, unless there was a secret pocket—I sent Shields for the prisoner—three or four
young men slept in the room where the coat hung—the prisoner, Cooper, Withers, and I do not know whether there was another or not—I had not the lace in my hand when the prisoner came up—he said he had had it from Huntingdonshire—he did not mention the name of Chamberlain till after the constable came—he did not then say Chamberlain had brought it from Huntingdonshire, and he had it from him—he merely said he bad bought it of Chamberlain at the White Hart public-house.
Q. You hare said you sent for a constable, was not that at his own sug-gestion? A. After questioning him tome time, he said, "If you are not satisfied, you had better send for a policeman"—I said, "That is what I intend doing"—I left no one but Cooper in the room while I went down I to tea with the prisoner, and I did not leave the bottom of the stairs.
COURT. Q. When did you find the three pieces? A. When I first examined it, when it was taken from the box—I then left them up stairs with Cooper, and did not examine the coat again till the prisoner took it away.
MR. CHAMBERS. Q. You were present when the policeman came and saw the prisoner taken into custody? A. Yes—he bad no opportunity of conveying the articles into his coat-pocket while in my house—I did not follow him to the station—no pattern were brought up to compare with the goods, before the policeman came—after he came I directed some to be brought—Withers never came near the room—my apprentice brought up some patterns after the policeman came—Shields and the apprentice were pretent besides myself, the constable, and the prisoner—Cooper and Withers were not present—the prisoner's trunk was not in the house at this time, as he bad been so shortly with me—his person was not searched before he left the room—the five pieces are on cards—the three are not—he told me he was in the habit of buying and selling lace of that description—I was present when bis box was searched at the Burton Coffee-house, which is about a mile and a half from my premises—I do not know whether the prisoner left my premises on Wednesday or Thursday night—he might have gone out at a quarter or half-past ten o'clock, to be back by eleven—I did not tee say bill of parcels found in his box, showing that he had dealt in lace—I saw a memorandum-book, similar to this now produced, but did not examine it.
HENRY COOPER . I am shopman to Mr. Stagg. On Friday evening, the 23rd of April, I saw the prisoner's great-coat on a nail in the bed-room occupied by him, myself, Withers, and Craig—I looked into the pocket of it, and found three pieces of lace—I looked into the pocket in consequence of a young man telling me he had found some lace there—I put them back into the pocket, and informed Mr. Shields—I locked the coat up in the state it was in, in my box, and kept the key till Mr. Stagg came home—it was in the same state when I took it out, and it was hung on the same peg as before—I remained in the room when Mr. Stagg and the prisoner left it to go down to tea—nobody came into the room till Mr. Stagg and the prisoner returned—I saw nobody put any lace into the pocket, nor did I put any in myself—the lace Mr. Stagg took out, was what I had found in the coat—I believe them to be our patterns, hot could not swear to that lace—on the day before, the prisoner had the box of thread lace on the counter, and was saying what a good stock of lace we bad—I saw him several times with the box on "the counter—he appeared to admire one particular
pattern very much—it was one of the three patterns afterward found.
Cross-examined. Q. The five have your master's private mark on then—the three have no mark? A. None—they were off the cards—the private mark is not generally taken off when we sell lace—we frequently sell the card and all, if the customer wishes it—I have been about eight months in the employ—I did not find the lace in the pocket till Withers directed my attention to it—Withers was the first person who found it—he is not here—there was a pocket-book missing belonging to a young man—I believe it was mentioned, and the prisoner said it was all right—that was on the Friday—the prisoner did not direct Withers to make search for it in that room, to my knowledge—I examined the coat well—the five pieces of lace were not in the two pockets I examined, but whether there were more pockets, I cannot say—the prisoner and Mr. Stagg were only absent three or four minutes, when they went to tea, during that time the coat hung on the nail where it was first found—Henderson, the apprentice, came up just as I went down, after Mr. Stagg had returned—I saw the prisoner given into custody—I did not go to the station with him—I cannot say whether I should have been able to see if he put any thing into his pocket after he was taken—the communication about the lace was made to me on the Friday night—the prisoner went out on Thursday night after business was over—I forget whether he went out on Wednesday night—I did not hear him ask to be searched when the policeman came.
COURT. Q. Do you know of any quarrel or animosity there could be to the prisoner, by any young man? A. There could not, because he was only in the house three days, and he was not acquainted with any young man.
MR. BALLANTINE. Q. You cannot say he was not acquainted with Withers before that? A. Not to my knowledge—I believe he was not known to any of the young men before be came—he appeared to be quite a stranger—I never knew my master lose property before.
HENRY SAMUEL WATKIKS . I am a policeman. I took charge of the prisoner from Mr. Stagg, and took him to the station—I searched him there, and found five cards of lace, and three pairs of kid gloves in his great-coat pockets—they were in the flap-pockets of his coat behind—the station is nearly a quarter of a mile from Mr. Stagg's—as I was going from Mr. Stagg's to the station, I saw the prisoner remove something from his dress coat pocket into his great-coat-pocket—I judged it to be wrapped up in paper—I heard the rustling of paper, and three of the cards of lace were found in one paper, and two in another—when we got to the station, before I searched him, I saw him again take something from his dress-coat and put it into his great-coat, and heard the rustling of paper then— the gloves were in paper—the last time I saw him do this, he took his great-coat off, folded it up, carried it to one corner of the station, and there laid it—this was all before I searched him.
Cross-examined. Q. How long have you been in the police? A. Three years—I believe I have had tolerable experience in that time—I have had a good many cases—the parcels were folded up loosely—I believe he has got his great-coat—the lace was in the hind pockets—the opening of the pocket was inside, I think—I am certain I saw him move
something—one band was behind him—I judged he had something to get rid of, and expected I should see him drop something—I took him into custody in the bed-room at Mr. Staggs—he did not desire to be searched—I took him down stairs—there was no other constable with me—he walked by my left side—I had not hold of him—I might have laid my bind on his if I chose, when I heard the rustling—it was 300 or 400 yards from the station—the next rustling I heard, was at the station—he was standing opposite the fire—there were three or four other constables in the place—none of them are here—they Were closer to him than I am now—they had not their eye on him so close as I had—I do not recollect whether or not I heard the evidence given by the other witnesses, before I was examined at the police-office—I was given to understand that there was nothing found in his coat-pocket when it was searched at Mr. Staggs.
Q. Do you mean to swear he could have removed these parcels without your being aware of it? A. I will swear he did remove something similar to these—I examined his under-coat to see if there was any thing in it—I cannot say whether those pockets were outside or inside—I know I had no buttons to unbutton, or I should have remembered it—the pockets could contain the parcels, I am sure—he took off his great-coat not a moment after the last rustling—he said, "Dear me, how warm it is," and took it off, and folded it up—after I had searched it, and found the lace, one of the constables put it into the corner, but before that, he had put it there himself—the great-coat pockets were inside—I have no doubt of that, as had to unbutton the coat to get at them—I did not search before he left Mr. Stagg's, nor his great-coat—I did not particularly notice his coat.
MR. STAGG re-examined. The prisoner did not desire to be searched in my presence, and he was never away from me.
JOHN HENDERSON . I am apprentice to Mr. Stagg. The shop marks on these five cards of lace are all my writing—I have no doubt of their being my master's property—before the prisoner was taken to the station, Shields went up stairs with some patterns—I went up into the room while Cooper was there, to examine the three pieces of lace found, to see if I knew the patterns—Cooper left the room while I was there—I did not stay till the prisoner put on the great-coat and went away—I do not know how long I staid—I did not see any body put any thing in the coat-pocket, nor did I put any thing there—I did not meddle with it—Shields went up with the patterns just before I did—he came down again—I did not see whether he brought the patterns down again.
Cross-examined. Is Withers at home now? A. Yes; and Shields—I heard of a pocket-book being lost—when I left the room I left Mr. Stagg there.
HENRY SAMUEL WATKINS re-examined. I searched the prisoner's trunk—I found some invoices of articles, but I am not able to say what they were—this book is one of the articles I found—I examined it, and saw writing in it, similar to this, but I do not know what it was—here is, "Paid Mr. Chamberlain, for lace and edging, 8l. 3s. 10d."—I cannot recollect whether that was in it or not—there was writing similar to what I see now, but I did not read any of the words—I could not say whether there was ink writing above the pencil-marks, in this way—every thing in the box was given up to the prisoner—there was no reason to suppose there was any thing in it which had been improperly come by—I found a post-office
order on the prisoner, and a letter stating that a remittance would be sent by a post-office order, which order was found at the post-office next morning, directed to him—that was likewise for the sale of some goods.
WILLIAM STAGG re-examined. That post-office order was directed to the prisoner, at Mr. Venables', where the prisoner formerly lived, and it was re-directed to him at my house—I took it to Union-ball, and opened it in the presence of Mr. Trail—I can speak to these three pieces of lace, by the private marks on the cards—I do not know the patterns of the other pieces so well as my young men—they are not uncommon patterns—here is a card which was found in the dust-hole, which corresponds with this lace—I never missed any property before—it is difficult to miss any in such an establishment—even if we take stock, we cannot tell within 100l.R