CENTRAL CRIMINAL COURT.
EIGHTH SESSION, HELD JUNE 14TH, 1841.
MINUTES OF EVIDENCE,
Taken in Short-hand
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, June 14th, 1841, and following Days.
Before the Right Honourable THOMAS JOHNSON , LORD MAYOR of the City of London; Sir Nicholas Conyngham Tindal., Knt., Lord Chief Justice of Her Majesty's Court of Common Pleas; Sir Robert Mon-sey Rolfe, Knt., one of the Barons of her Majesty's Court of Exchequer; Sir William Wightman, Knt., one of the Justices of her Majesty's Court of Queen's Bench; Sir Claudius Stephen Hunter, Bart.; Sir Matthew Wood, Bart.; Sir William Heygate, Bart.; Sir John Key, Bart.; Charles Farebrother, Esq.; Samuel Wilson, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; John Lainson, Esq.; John Humphery, Esq.; William Magnay, Esq.; Sir George Carroll, Knt; John Kinnersley Hooper, Esq. Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of New-gate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
JOHNSON, MAYOR. EIGHTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**), that they have been more than once in custody—An obelisk † that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, June 14th, 1841.
First Jury, before Mr. Recorder.
1533. THOMAS BROWN was indicted for stealing, on the 14th of May, 1 hat-box, value 2d.; 1 hood, value 18d.; 4 night-gowns, value 1s.; 1 cloak, value 18d.; 1/4 yard of cotton cloth, value 3d.; 1/2 yard of muslin, value 3d.; 5 sheets, value 10d.;4 caps, value 6d. and 1 shawl, value 3d.; the goods of Thomas Wickenden; to which he pleaded
GUILTY . Aged 17.— Confined One Year.
WILLIAMS pleaded GUILTY . Aged 15.— Confined Three Months.
HENRY PERCY . I am in the employ of William Stephens, who has a shop in the Old Bailey. On the morning of the 31st of May I was at the back part of the shop, and saw Jones outside, walking from the window to the door, and from the door to the window—I did not see Williams then, but when I came through the shop both prisoners were in the shop—Williams had the box of cigars in his apron—he went out—Jones remained—he did not say any thing.
Jones. He asked what I wanted, and I asked if they wanted a boy. Witness. After I had brought Williams in, I asked Jones what he wanted—he said he had come to ask for work—I had not seen them together till they were in the shop.
JONES— NOT GUILTY .
EDWARD PLANT . I liven Join-street, Sidney-square, Commercial-road. I was at the Bell public-house, Gracechurch-street, on the 1st of June, between two and three o'clock—I saw the prisoner there, with a parcel—I asked what he had got there—I went to look at it, and said, "Its a piece of mouslin-de-laine"—he said, "Yes, it is"—I opened it, and saw the fag end had either been torn or cut—he immediately took it up, put it into his pocket, and said, "You shall not see this"—I asked where he lived—he said, "In Friday-street"—I said would see whether he did live there or not—I went with him as far as King William-street, and instead of going towards Friday-street, he turned to go over London-bridge —I said, "If you attempt to go over London-bridge shall give you in charge"—he then proceeded five or six yards—I met a policeman, and gave him in charge, with the mouslin-de-laine.
Prisoner. I had two parcels to take out for my masters; I went into the public-house for some beer; this person came up, and asked me what I had there; said, "It is a piece of mouslin-de-laine;" he asked where I came from; I said, "From Baines and Co., in Friday-street;" he said he would see the mark; I said he should not, it was no business of his and tore it off; he saw me tear it off. Witness. It was torn off before—I cannot be positive whether he mentioned the name of Baines and Co.—He said he came from some house in Friday-street.
WILLIAM LEIGH WOOD (City police-constable, No. 538.) I stopped the prisoner, and asked him to give me the parcel—he said, "I shall not, it is my property, bought it from the foreman of the warehouse, we are allowed to purchase these things, and make as much by them as we can"—I took the parcel from him, and searched him at the station-house—he made a very violent resistance—it required five of us to hold him down—I found on him a parcel book and some duplicates—the book was given up to Mr. Baines—here the piece of mouslin-de-laine torn off, which the prisoner gave me.
Prisoner. I did not say the property belonged to me; said, porters could buy a piece of print, and sell it again. Witness. He distinctly said it was his.
THOMAS BEYNON . I am warehouseman to Michael Baines and another, of Friday-street, Cheapside. The prisoner has been in their service as porter six months—this mouslin-de-laines their property—the prisoner was never authorised to dispose of goods belonging to his employers—he never purchased this—there is no foreman in the establishment—I have the charge of the goods—it is not customary to allow porters to purchase to sell again at a profit.
Prisoner. I bought two collars once, and paid for them. Witness. He said they were for a friend of his—he has been in our employ, off and on, for two or three years—we had no reason to doubt his honesty before this.
GUILTY . Aged 35.—Recommended to mercy by the Prosecutor and Jury.— Confined Three Months.
1536. WILLIAM WEBB and JOHN BURK were indicted for stealing, on the 4th of June, 63lbs. weight of lead, value 7s., the goods of the parishioners of the parish of St. Michael, Queenhithe, and fixed to a certain building; against the Statute, &c.—2nd COUNT, stating it to be the goods of John William Goss.—3rd COUNT, the goods of a certain person or persons unknown.
JOHN WILLIAM GOSS . I live at Bell Wharf. I am one of the parish-ioners of St. Michael, Queenhithe, and am one of the trustees for the management of the parish property—the house No. 10, High Timber-street, belongs to the parish—I believe my appointment is in writing—there are six or seven other trustees—we are elected by order of Vestry—we receive the rents, and pay them over to the churchwardens, for the benefit of the parish generally—I think I was elected in 1813—I am one of the feoffees—I have signed leases of some of the property—the trust-deed has been mislaid—I am not quite prepared to answer whether the churchwardens or we grant leases—my impression is that we have the sole power of doing so—I have not granted any lease of this particular house—there has been no change of property since the date of the trust-deed—we are clearly in possession of the property—the house is now empty, and we are in treaty for let-ting it
EDWARD ELGAER (City police-constable, No. 461.) On the, night of the 4th of June, about half-past nine o'clock, my attention was attracted to No. 10, High Timber-street, Upper Thames-street—by the permission of the owner of No. 9, I went through that house, and got on the leads of No. 10—I saw the prisoner Burk in the act of tearing up the lead from the flat—Webb was standing inside the attic window, with this lead at his feet, apparently in the act of receiving it through the window—I went towards them—Burk made a rush through the window into the attic, and both ran down stairs—I followed as quickly as possible, and at last found them lying in the corner of the parlour—they had come out of the parlour chimney, and were both covered with soot.
Webb. I had no money; I had just come from my brother's, and slept in the room.
WEBB*— GUILTY . Aged 13.
BURK*— GUILTY . Aged 14.
Confined Six Months.
1537. JAMES CANTLAND was indicted for stealing, on the 2nd of June, 1 pair of trowsers, value 8s., the goods of William Ratnage; and 1 coat, value 3s., the goods of Edward Dellamore; to which he pleaded
GUILTY . Aged 17.— Confined Six Months.
WILLIAM CHARLES . I am servant to Benjamin Prew, of Aldgate High-street. On the 31st of May I saw the prisoner in front of the shop with a waistcoat in his hand—I took him into the shop, and gave him in charge.
Cross-examined by MR. DOANE. Q. Did you hear him say that he took it through distress? A. At the Mansion-house, not before.
SAMUEL PATRICK (City police-constable, No. 643.) I was passing near the prosecutor's shop at the time—Charles desired me to take the prisoner, which I did—I drove him into the shop—Charles had a waistcoat in his hand, which he handed to his master—his master said to the prisoner, "Why did you do this?"—he said, "I did it from distress."
Cross-examined. Q. Do you know him at all? A. I have known him by sight for years, and always esteemed him to be a respectable man.
(Property produced and sworn to.)
(The prisoner received an excellent character.)
GUILTY . Aged 38.—Strongly recommended to mercy by the Jury and Prosecutor.— Confined One Week.
NEW COURT.—Monday, June 14th, 1841.
Fifth Jury, before Mr. Common Sergeant.
NOT GUILTY .
JOHN WILLS . I am a hosier, and live in the Poultry. On the evening of the 24th of May I was in Newgate-street—I felt twitch at my pocket—I turned round, and collared the prisoner—there was no one else near me within four or five yards—no one could have given me the twitch but him—I picked up my handkerchief at his feet, and dragged him along to the Post-office, where I gave him into custody—I did not see him drop my handkerchief.
Prisoner. I did not take the handkerchief; there were two young men who walked on forwards, and one of them bad a smock-frock on; this gentleman turned and took me; I said, "I have not picked your pocket" Witness. I saw no one near me.
GUILTY . Aged 19.— Confined Three Months.
EDWARD MURRAY . I am waiter at the Crown Tavern, Bow-lane. On the evening of the 21st of May the prisoner came to the coffee-room—I got him some brandy and water—he gave me a card to go to Mr. Sawyer for him, which I did—I had collected my plate, and put it into a basket on the table—I suspected I had lost some, and missed three spoons—I went to my employer, and they were found in the prisoner's pocket—he did not say any thing—he was not sober—these are the spoons.
Cross-examined by MR. PHILLIPS. Q. Had not one of the spoons gravy in it? A. Yes—he had put it in that state into his pocket—I should say he scarcely knew what he was about, or he would not have put a spoon with gravy in it in his pocket—I was gone on the errand for him about three or four minutes—there was nothing to have prevented his going off with these things during my absence.
Cross-examined. Q. Have you heard your waiter's evidence? A. Yes—I believe the prisoner was inebriated—he made no answer when he was taken—I believe he hardly knew what he was about.
NOT GUILTY .
1542. JOHN DARVILLE was indicted for stealing, on the 26th of May, 1 saddle, value 4s.; 1 pair of homes and traces, value 4s.; part of a bridle, value 2s.; and 1 rein, value 1s. 6d.; the goods of William Stansom.
WILLIAM STANSOM . I live at Uxbridge. I lost a saddle, a pair of hames and traces, and part of a bridle—I had seen a part of them in my harness-room about a week or ten days before—I saw them on the 27th of May in the hands of the policeman—I have seen the prisoner, but did not know him.
Cross-examined by MR. BODKIN. Q. What part of the harness had you seen? A. The reins and bridle—I had not used them—I had seen them hanging up when I was walking round to see that my things were safe—I let them out sometimes—my servant attends to them, but he is not here—I am certain I had seen the reins about ten days before, as I have I got the other part of them—they only took one part.
CHARLES JAMES MURRAY . I am a constable of Uxbridge. On the 27th of May, about five o'clock in the morning, I met the prisoner in Page's-lane with this harness in a matting—I asked what he had got—he said he hardly knew, but believed it was harness—I asked where he got it—he said, a person who was a stranger gave it him to convey to the Queen's Head public-house, in the Denham-road—I took him and the harness—The prosecutor saw it in the course of the day, and identified it.
JOHN SCOTNET (police-constable T 180.) I was on duty about half-past four o'clock that morning—I saw the prisoner and George Buckland going in the direction of the prosecutor's premises—they had nothing with them.
SARAH MOORE . George Buckland lodged at my mother's—I got up about ten minutes after four o'clock that morning, and about a quarter before five the prisoner came and asked if George Buckland was up—I said no, but I called him, and they went away together—the prisoner and Buckland were associates.
(The prisoner received a good character.)
GUILTY . Aged 21.—Recommended to mercy by the Jury.— Confined Two Months.
JOSEPH DODMAN . I keep the Red Lion public-house, in Aldersgate-street; the prisoner was in my employ. On Monday morning, the 10th of May, I sent him with a dog to the Golden Cross inn, Charing-cross—he was to receive 6s. d. the carriage and keep of it while it was in my possession—it was his duty to pay me the money, if he received it, but I never saw him afterwards, nor the money.
CHARLES UNDERTON . I am clerk at the Golden Cross public-house. On the morning of the 10th of May I saw the prisoner with the dog—I gave him 6s. 6d. for the carriage of the dog and his keep, to pay his master.
JOSEPH HEDINGTON . I am a City policeman. I went up to the prisoner near Bell-alley—I said to him, "Well, Gould,"—he said his name was not Gould, but he knew him very well—I took hold of him—he said, one b—y policeman should not take him—he called to some persons round, and said, "Are you going to let this fellow take me?"—they came up and surrounded me—I took out my truncheon and kept them off—he kicked me very violently, and resisted very much.
Prisoner's Defence. I was coming along the Strand, and took out the money—a man ran against me, knocked it out of my hand, and it fell down a sink hole.
GUILTY . Aged 16.— Confined Six Months.
GUILTY . Aged 21.— Confined Three Months.
ROBERT WREN . I am assistant to my brother, who is a solicitor in Fenchurch-street. On the 8th of June I was walking with my brother is Newgate-street—some observation was made to me—I turned, and found my handkerchief in the street, and my brother had hold of the prisoner—I must have put it into my pocket within the last half hour—this is it—it is the one I had.
WILLIAM WELD WREN . I was with my brother on that evening in Newgate-street—I saw the prisoner take the handkerchief out of my brother's pocket, I collared him—he turned round, put' his hand behind him, and I imagine threw the handkerchief into the street—I pointed to my brother to pick it up—I am sure I saw it in the prisoner's hand.
Prisoner. I did not commit the robbery—there were two persons be-tween me and the witness. Witness. There was no one between me and him.
SERGEANT HARRIS (City police-constable, No. 221.) I took the prisoner, and have the handkerchief.
GUILTY .* Aged 19.— Transported for Ten Years.
CHARLES GEE LOAD . I live in Watling-street, and have one partner, the prisoner was in our service. I found a parcel of black silk handkerchiefs in a cupboard where they ought not to have been—I marked them and left them there—on Thursday morning last one of them was cut off and was gone—in the afternoon the prisoner went out, the handkerchiefs were then gone—the prisoner was followed and taken, and these handkerchiefs were found on him in my presence—they are mine.
GUILTY . Aged 21.— Confined Nine Months; the last week Solitary.
WILLIAM WRENCH . I am in the service of Mr. George Sheddin, and sleep in a room over the stable, in Cheynies-mews—I had two brushes in the stable window, they were safe on the night of the 18th of May, when I went to bed, and the next morning they were gone—there was a hole in the window which a person could put his hand in—these are the brushes, they are my master's.
hand into the window in the mews, and take out these brushes—he put one into his breast, and the other into this frail—I took him with them
Prisoner. He took one brush out of the window himself—I am guilty of one brush, not the other—I was looking at it, and was going to put it back again, and he took me. Witness. No, he took the brushes, and this rope was in his frail.
GUILTY . Aged 60.— Confined Three Months.
OLD COURT.—Tuesday, June 15th, 1841.
Second Jury, before Mr. Recorder.
(The prosecutor did not appear.)
NOT GUILTY .
THOMAS TRAXTER . I am an officer of St. Bartholomew the Great. On the 24th of May, about four o'clock in the morning, I was at the I gate in Long-lane, and saw the prisoner in company with another lad—the other left him, crossed over the way, and went down a turning—the prisoner passed me with a coat under his arm—I seized him—he dropped the coat, and ran up Long-lane—I took up the coat, and called to a police-man to stop him—he turned him back, and at last took him.
WILLIAM COOK . I am a policeman. I saw the prisoner near a wagon in Long-lane, about four o'clock—I afterwards saw Traxter stop him—he immediately ran up towards me—he turned back, and ran into the market—I pursued and took him—I afterwards found the owner of the coat—I had seen him leave the wagon with it.
Prisoner's Defence. I went to Smithfield-market to take my cousin tome meat; as I returned the officer took me, and said I had stolen a coat.
JOSEPH GREENGRASS . I am a policeman. I have a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—(read)—I was present when he was tried, and know him to be the person.
GUILTY . Aged 18.— Transported for Ten Yean.
JOHN MARSHALL . I live at Green-bank. On the evening of the 18th of May I went into the prosecutor's shop—while standing there two gentlemen gave an alarm that a man had stolen an umbrella from inside the doorway, and gone over London-bridge—I went round the back way of the premises, and coming through Crooked-lane, at the corner of Arthur-street West, I overtook the prisoner with an umbrella on his shoulder—I
collared him—he struck me, resisted, and attempted to run away-called the police, and gave him into custody with the umbrella.
Prisoner. I had it under my arm. Witness. You had it on your shoulder.
JOHN NORTON (City police-constable, No. 532.) I was on duty in King William-street, at the end of Crooked-lane—a gentleman came up and gave me information, and pointed the prisoner out—I went after him—Marshall had then got up to him, and I took him into custody.
GUILTY .* Aged 32.— Transported for Seven Years.
1551. NORAH SULLIVAN and JEREMIAH SULLIVAN were indicted for stealing, on the 12th of May, 1 purse, value 1s.; 3 sovereign, I halfsovereign, 1 half-crown, 5 shillings, and 1 5l. note; the property I of Oswald Nock, from his person.
OSWALD NOCK . I am a gun-maker, and live in Regent-street. About half-past two o'clock in the morning of the 12th of May I was in Holbon—the female prisoner came running up to me, and asked me to give her something to drink—I said it was very late, I did not think she could get any thing at that hour, as all the public-houses were closed—she said, "No, we can get some there," pointing over to Gray's Inn-lane—I then crossed Holborn near to Gray's Inn-lane—she was by my side—as I was crossing I put my hand into my waistcoat pocket and missed my purse, which contained a 5l. note, three sovereigns and a half wrapped up in the note, and 7s. or 10s. in the other end—I did not detect the abstract-tion of it—I bad it safe five minutes before, because my coat was buttoned till the female prisoner came up to me, and had it been taken before that my coat must have been cut through—I had taken out my purse at the corner of Farringdon-street, to pay for a pint of ale, which was not more than five minutes before I missed it—I said nothing to the prisoner at the moment I missed it, I was so astounded to think it was gone so suddenly and so adroitly that I paused for a moment—she said, "Well, won't you go and give me a glass of something?"—I said, "Nonsense, you have taken my purse; give it me back"—she said, "I have not taken it; give me in-charge"—I said, "Very well"—I crossed the road with her, and gave her in charge to a policeman who was standing opposite—I was sober—I have never seen my purse since.
Norah Sullivan. Q. Did not I meet you at the corner of Fetter lane? and did not you ask me if I would have any thing to drink? A. No—I did not ask you where I could buy a cigar—I was smoking one at the time—my coat was unbuttoned when you were with me.
MARGARET SMITH . I am the wife of John Smith, a porter, and live at No. 8, Holborn-buildings. On the morning of the 12th of May, I was in Holborn by Holborn Bars, standing there with coffee to sell—I keep a coffee table there of a night—about half-past two o'clock I saw the female prisoner and the prosecutor go past my coffee-table, and saw the male prisoner standing by Holborn-bars looking towards Gray's Inn-lane, as if he was looking for some one—I saw the female prisoner put her left hand behind her, and the male prisoner received whatever it was with his right—he then went across the road as quickly as he could, and put his hand
into his right-hand pocket—he had on a flannel jacket—he came back again in about a quarter of an hour or twenty minutes, and stood again in Holborn-bars for a short time smoking a pipe—I did not see in what direc-tion he went then—I lost sight of him in an instant—I have known him for five years—he has repeatedly had coffee of me—I cannot be mistaken in him.
Jeremiah Sullivan. Q. What marks do you know me by? A. By your having coffee of me—I do not know when you last had any—I refused letting you have any more, as the police spoke to me about it, because you brought such bad characters—you were standing only three or four steps from my stall, and you passed me—you stood well under the gas—I swear positively to you—I could pick you out of a hundred—I cannot say what it was you received from the female prisoner—it was in a small compass—I could not tell any policeman about it then—the gentleman gave your wife into custody, and then came by talking to the police-man—he said to me, "Did you see me go by with a woman?"—I said, "Yes, her husband is here at the bars," and when I looked round you were gone—I told the gentleman I knew who you were.
Norah Sullivan. I gave myself up to you, and said the gentleman accused me of stealing 8l. 10s. Witness. Yes, she came voluntarily—she was searched, but nothing was found on her, relating to this charge.
Jeremiah Sullivan to OSWALD NOCK. Q. Did you see me along with the female? A. I did not see you at all—I was perfectly sober—I did not feel my money taken—I missed it in the act of crossing, but did not say any thing to her till I was on the pavement.
FREDERICK WHITE (City police-constable, No. 238.) On Wednesday morning, the day after this transaction, the prisoner Jeremiah came to Smithfield station with two plates of hot beef-steaks, and asked for Norah Sullivan—I asked whether his name was Jeremiah Sullivan—he denied it—a man standing alongside of him, said it was his name—I asked him to step inside the station, and told him I had information that he had received part of the property stolen by the female prisoner, which he denied—I said I should search him, and asked whether he had got any money about him—he made no answer, till I began to search him—he then said he had three sovereigns and some silver, which he had brought out to go to mar-ket with to get fish—I searched him and found three sovereigns, three half-crowns, 4s. and 2d. in halfpence—nothing was found on the female—I searched the male prisoner's lodging at the address he gave, and the people there said they had not seen him or the female for three week—I do not know whether they are married.
Norah Sullivan's Defence. We are married; if I had time I could send for my certificate—my husband and I have been parted for three months—I did not see him at all that night—I had no money and no home to go to.
Jeremiah Sullivan's Defence. It is not likely, if I was guilty, that I should go to the station—my father gave me the money—he deals in hare and rabbit skins, and so do I, and in fish and poultry at times—Mrs. Mahoney, my landlady, No. 5, Blue-court, Saffron-hill, who I have lodged with three months, can prove where I slept that night.
MARGARET M'CAHTHY . am a market woman, and live in Fox-court. was going to Farringdon market about seven o'clock last Friday morning with another woman, and stopped at Mrs. Smith's stall to have a halfpennyworth of coffee—the woman with me said to her, "Have you got Norah Sullivan in Newgate?"she said, "Yes, and as far as an oath will go will transport her."
HONORA FOLEY . live in Wild-court. The female prisoner is my daughter—the male prisoner is her husband—I gave her up in marriage to him—they were married in Lincoln's-inn-fields more than three years ago, by a Roman Catholic clergyman—they are both Catholics, they have lived together as man and wife, but have very often fallen out, and she was often living with me.
(John Sullivan, the prisoner's father, was called, but was too intoxicated to be examined.)
N. SULLIVAN— NOT GUILTY .
J. SULLIVAN— GUILTY . Aged 21.— Transported for Ten Years.
1552. JOHN THOMAS EARL was indicted for forging and uttering, on the 19th of May, a certain power of attorney, for the sale of 255l. 15s. 6d., with intent to defraud the Governor and Company of the Bank of England.—Six other COUNTS, varying the manner of laying the charge: to which he pleaded
GUILTY . Aged 44.—Recommended to mercy,— Transported for Seven Years.
NEW COURT.—Tuesday, June 15th, 1841.
Sixth Jury before Mr. Common Sergeant.
GUILTY . Aged 38.— Confined Six Months.
1554. STEPHEN STOWER was indicted for feloniously receiving, on the 21st of April, of a certain evil-disposed person, 104 yards of lace, value 4l. 12s.; 6 collars and 2 shawls; the goods of Thomas Frost and another; well knowing them to have been stolen; against the Statute, &c.
CHARLES WESTBROOK . I am a linen-draper, and live at Milton, near Graveuend. purchased 104 yards of lace, six collars, a cape and a shawl, of the prisoner, on the 21st of April—I had never seen him before—I asked what he wanted for them—he said two guineas for the shawl—he appeared not to know the value—he said he bought them a bargain, they cost him 4l. 10s.,—I offered him 4l. for the lot, which he took—my shop-man saw him before me—I sent the goods to London the same afternoon, believing them, from the man's manner, to be stolen—I asked his ad-dress—he gave me 13, or 15, Little Carter-lane—as far as can remember, the paper they are in now is the one bought them in.
Cross-examined by MR. BODKIN. Q. You keep a large establishment? A. Yes—this was about half-past one o'clock in the day—the name and address he gave were correct—goods are sometimes sold at less than half
price, in job lots—if a person buys job goods, and wishes to sell them again, it is not usual to rub the marks out—it might be done.
ISAAC LACK . I am assistant to Mr. Westbrook. The prisoner came to me on the 21st of April, and asked me if Mr. Westbrook was in—I said he was not, I would send to the other shop for him—he said he had some lace goods to sell cheap, would I send for Mr. Westbrook—I did so—after the goods were bought, the prisoner asked me to go and have a glass of ale—Mr. Westbrook gave me permission, and desired me to ascertain how the prisoner became possessed of the goods—I told the prisoner I thought the goods were very cheap, he must have got them cheap—he said he got them from the porters at the wholesale houses, and he could supply any house with lace goods to any amount—he then asked if Mr. Westbrook sold woollen cloths—I said he did—and he asked if I thought Mr. Westbrook would buy them—I said I thought he would, provided they were cheap—he said the next time he had some he would bring them down—he said he sometimes had silk goods.
JAMES MYERS . I am warehouseman to Thomas and Samuel Frost—these are my master's goods—I cannot say when we lot them—I cannot lay they were not sold—the private mark is rubbed out—the number of yards is on them—I do not know the prisoner—I never saw him till I saw him at Guildhall—we leave the private marks on the things if we sell them—the porter are never allowed to sell any thing.
JOHN ROE . I am a City officer. I was called in by Messrs. Frost, and took the prisoner, on the 15th of May—I took him to the station, and desired him to pull all out of his pockets that he had, and he pulled out this black lace shawl?—I then went to his house, No. 15, Carter-lane—I found there, in a box which his wife showed me, this collar; this piece of lace was lying on the floor by the side of the box.
NOT GUILTY .
1555. STEPHEN STOWER was again indicted for stealing, on the 14th of May, 563 yards of woollen and cotton cloth called cashmerette, the goods of Thomas Parker and another.—2nd COUNT, stating them to be the goods of John Honor Parker.
JOHN NICHOLS . I am warehouseman to Hermitage, brothers, cloth manufacturers in New-street, Hudderfield. On the 13th of May I packed up these two pieces of cashmerette, and sent them to London—they contained 56 1/2, yards, and were worth 10l. 7d.—they were directed to Broughton and Co. London—I delivered them to James Procter, who is porter to Cower and Driver, of Huddersfield.
Cross-examined by MR. BODKIN. Q. What have you in your hand? The copy of the invoice—I know this cloth by the number—I know the number by seeing it in the making-book at Huddersfield—I know it by the pattern—we take a pattern of every piece of goods, when we measure them.
COURT. Q. Are you able, now, on looking at these goods, to say whether this is the cloth you sent? A. I have two small bits, which I got from the warehouse at Huddersfield—they fit this end of the cloth, and this is the number entered to Broughton.
MR. BODKIN. Q. How long bad you lost sight of these pieces of cloth? A. They are taken out of the end of the piece, and put in the book, and the number with them—I can swear that this end of cloth (looking at it) is part of that I sent to Broughton.
JAMES PROCTER . I am porter to Thomas Carver and others, carriers at Huddersfield—I received two pieces of cloth from Nichols, on the 13th of May—I took it to Carver's warehouse—they sent it by railway to London.
CHRISTOPHER THOMPSON . Some cloth was brought by Procter to our warehouse—I copied the address in the receiving-book, and copied it on the waybill, and saw it laid on the truck, to be conveyed to the railway station—it was directed to J. V. Broughton and Co. London.
Cross-examined. Q. It would pass two or three different railways to get to London? A. Yes—the goods are placed in trucks belonging to the Company—I do not know how they are changed from truck to truck.
WILLIAM HEALEY . I am clerk to Thomas Parker and another, at the King's Arms inn—they are carriers—I was at the terminus of the railway at Camden-town, on the 15th, about six o'clock—this truss could not be found.
JOHN ROE . I took the prisoner on May the 15th, at three o'clock—he took out of his pocket this fag-end of cloth, which has the number on it—I then went to search his house in Little Carter-lane, and found these two pieces of cloth in his bed-room.
MR. BODKIN called
WILLIAM FREBLE . I live at No. 15, Little Carter-lane—I was living there at the time the prisoner was taken—I have known him two or three years—I breakfasted with him the day he was taken, about eight o'clock, and dined with him about one—I did not see him after—I am sure he slept in the house the night before—I saw him the day before—he was unwell two or three days, and in consequence of that he staid at home—I am sure he was at home those two days.
COURT. Q. What are you? A. A porter. I lived with Mr. John Bassett, in Wood-street, and left about two months ago—the place did not suit me—I left for no fault.
CHARLOTTE THOMAS . My husband is a tailor. I live at No. 15, Little Carter-lane—I saw the prisoner out about ten or eleven o'clock on the day he was taken—I do not know whether he was at home the day before—I think I saw him about the neighbourhood.
(Thomas Jenkins, porter, Bartholomew-close; William bring, publi-can, Distaff-lane; Richard Pearson, tailor, Doctors' Commons; and Thomas Golding, gave the prisoner a good character.)
GUILTY . Aged 28.— Transported for Seven Years.
1556. STEPHEN STOWER was again indicted for feloniously receiving, on the 8th of May, of a certain evil-disposed person, 113 yards of lace, value 5l. 9s. 3d.; and 190 yards of net, value 1l. 10s. 3d., the goods of Thomas Frost, and another; well-knowing them to have been stolen; against the Statute, &c.
JAMES MYERS. The net and lace, now produced, are my employers' Thomas Frost and another—I know this silk blond particularly—I missed it on Wednesday, the 12th of May—I am sure we had not sold them—we never sold so large a quantity—I went over the stock, and missed 190 yards of what we bought—I know this lace is ours—I had this blond on the 7th of May—these goods were sold on the 8th, at Gravesend.
Cross-examined by MR. BODKIN. Q. How much of the silk blond had been sold? A. 340 yards—we had 530 yards altogether—we never sold more than three pieces to one person, and that went to Edinburgh.
ISAAC LUCK . I am assistant to Mr. Westbrook, of Gravesend—the prisoner came into our shop in May—I cannot say the day—I was in the shop—he asked if Mr. Westbrook was there—I told him he was at the other shop, but I would send for him if he required—he said he had more lace—Mr. Westbrook bought it—I had no conversation with the prisoner at that time.
CHARLES WESTBROOK . I had a conversation with the prisoner and my servant in April—I was induced to deal with him for these goods, on the 8th of May in consequence of that conversation—I gave him 5s. for this lot of goods—he asked 8l
NOT GUILTY .
1557. WILLIAM WATSON and GEORGE' WILLIAM CEMBLR were indicted for stealing, on the 31st of May, 1 watch, value 1l. 18s.; 1 key, value 1d.; 1 stand, value 2s. 6d.; the goods of Samuel Stanisland; to which
WATSON pleaded GUILTY . Aged 20.— Confined One Year.
MR. BODKIN conducted the Prosecution.
WALTER TYLER . I am fourteen years old, and am in the employ of Mr. White, a newsvender, in Devereaux-court, Temple. About a quarter to eight o'clock on the morning of the 31st of May, I was in Bouverie I street, and saw the prisoners in company—I saw Watson walk into No. 4—Cemble waited outside—an old lady answered Watson, and he said, "Thank you"—the prisoners then walked four or five doors lower down—they went to No. 9—Cemble went to No. 9 1/2, and waited on the steps of the door—Watson went in—he came out in about two minutes, and spoke to Cemble, and then went in again, when he came out the second time with something under his coat—he spoke to Cemble again, and ran up the street—Cemble came to me and asked me which was die way to the Tem-ple—It hen went to a policeman, and went with him after Watson—he was stopped in Johnson's-court, and this time-piece found on him—while he was being taken, I saw Cemble in Fleet-street—I pointed him out to the policeman—I went to the station in ten minutes—I saw Cemble there on the Wednesday after—he is the same person who was with Watson, and talking to him.
HENRY MORRIS (City police constable, No. 323.) I took Watson, and found this time-piece under his coat—I asked where he got it—he said, "Down here"—when I came out of the court, Tyler said, "There goes the other," and he showed me a person—I did not see his face, but he had the same appearance and dress on as Cemble had when he was taken—I found a latch-key on Watson.
was at the dining-room window, and saw the two prisoners two or three doors off—I saw Watson come into our house once, and I saw him come out with something under his coat—he spoke to Cemble at the next door—I am sure he is the person.
HENRY GARDNER (City police-constable, No. 327.) In consequence of directions, I looked after Cemble—I found him on Clerkenwell-green, it half-past twelve o'clock, on Wednesday—I said I wanted him for a robbery—he said, "For what?"—I said, "In the neighbourhood of Fleet-street"—he said, "I know nothing about it"—I found on him a letter directed to him from his brother in the Compter, which he tore up, also three latch-keys, a comb, and eleven duplicates.
Witnesses for the Defence.
——. I am the prisoner Cemble's sister. I am married—I know he slept at my place on the Sunday night—he got up on Monday morning, the 31st of May, at six o'clock, went into the yard, and cleaned our shoes—my husband went out with him about nine or ten o'clock, and came home about eleven—he did not go out before breakfast.
CEMBLE— GUILTY . Aged 26.— Transported for Seven Years.
1558. JOHN LAMBERT was indicted for stealing, on the 2nd of May, 1 bag, value 1s.; 3 handkerchiefs, value 7s.; 8 sovereigns; 1 halfsovereign; 4 shillings; and 3 10l. Bank notes, the property of Thomas Yates.
MART YATES . I am the wife of Thomas Yates, who keeps the Crown and Cushion public-house, Page's-walk, Bermondsey. On Saturday, the 22nd of May, I went to the Bank, and received three 10l. notes and eight sovereigns and a half in gold—I came back, and on the other side of Lon-don-bridge called a cab—the prisoner was the driver—I asked him to drive to Bermondsey church, which he did—I got out, and gave him 1s.—I had not got out five minutes before I missed my reticule from my arm—I met a friend, and we went after the prisoner to the stand where I hired him—he had not come back—I asked a young man if he could drive me any where to find him—he said be could not till half-past three o'clock, when he would be at Mr. Bigg's, where they change horses—I got there, and saw him going in—I said, "Do you recollect taking me to Bermondsey church?"—he said, "Yes"—I said, "What did I give you?"—he said, "A shilling"—I said, "There is a good man, I left some property in your cab, will you give it me?"—he said he had not seen it, but he took up a gentleman, and took him by the Post-office—I went to the place he described—I could not find such a person—I went to the Bank, and stopped payment of the notes.
HENRY JACKSON (City police-constable, No. 615.) I took the prisoner about four o'clock—he said he knew nothing whatever about this—I asked him where he lodged—he said, "In Luke-street, Finsbury"—I went there and found he did not lodge there—he had left two months—I found he lodged at Three Tun-court, Red-cross-street—I searched there and found nothing—on the 24th, previous to going before the Lord Mayor, be said, "If the officer will go out with me about an hour, I think I can discover the property"—I said, "I will go out with you"—I went out and walked about for half an hour—I then said, "Tell me where the property is"—he said, "I don't know where it is"—I said, "Why did you bring me out?"—
he said, "I wanted a walk"—I took him back—he said, in going along, "They can only transport me."
JANE MART PILBEAN . I am the wife of James Pilbean—I have been living with the prisoner in Three Tun-court, Redcross-street—about one o'clock on Saturday afternoon, the 22nd of May, I met him in Aldersgate-street on his cab—he beckoned to me—I went across to him—he told me to make haste home, he wanted me—I went home, he told me he had some money, and gave me a 10l. note to change—I changed it at the bonnet shop in Aldersgate-street—he left another note at home—after he was taken I changed that at Mr. Smith's, in Barbican—he had told me to change it—the third note was chucked over Blackfriars-bridge—some of the money was lost at Greenwich, and some spent—the reticule was burned.
GUILTY . Aged 37.— Confined One Year.
OLD COURT.—Wednesday, June 16th, 1841.
Third Jury, before Mr. Sergeant Arabin.
SUSANNAH BRIGGS . I am a widow, and keep a grocer's shop at New Brentford. On the 10th of May as I came from my parlour into my shop, I saw the prisoner creeping on his hands and knees from behind the counter where my till was kept, towards the door—I picked him up and tent for the police—I observed my till on the floor—he must have put it there—it was in its place before he came into the shop—I missed a four-penny-piece from it, which I found behind a butter tub—I know it by a stock which was on it—it had been used as a button—there was other money in the till which was not taken out.
GUILTY .** Aged 9.— Transported for Seven Years.—Convict Ship.
WILLIAM DRIVER . I am pot-boy to Thomas Griffiths, who keeps a public house in Newgate-street. On the 4th of June, the prisoner came to the bar and called for a quartern of gin—while I was gone for it he put his arm over the window, took a bottle of rum, and ran away with it—I jumped over the bar and gave an alarm—the policeman ran after him, caught him, and brought him back with the bottle of rum—I had never seen him before—I am sure he is the person.
Prisoner. Q. What time in the morning was it? A. Seven o'clock—you did not have the quartern of gin—while I was gone for it yon ran off with the bottle.
GUILTY . Aged 45.— Confined Three Months.
Before Mr. Justice Wightman.
MR. RYLAND conducted the Prosecution.
FREDERICK MEYER . I am mate of the St. Jean packet which trades between New York and London. On the 2nd of June she was in St. Catharine's Dock—George Watson was the cook—about three months ago be fell against the side of the vessel, and hurt his side a good deal—he was confined to his bed for two or three days—I do not know which side he hurt, but think it was the left—he was a lusty man—I endeavoured to ascertain whether he had fractured a rib, but could not, as he was so lusty—he returned to duty in two or three days, and I thought him in perfect health—on the 2nd of June, in the evening, the prisoner, who was steward of the vessel, told Watson to bring up some dirty plates out of the cabin—he refused, saying it was none of his business, but it was so—he went down after being told two or three times, and brought them up—after he came on deck some words passed between them, which I did not hear, but they did not appear exactly in good temper, and after some time I heard the cook say he would thrash him in five or ten minutes, and if he liked be would do it now, if he would step on shore—the prisoner made no answer, and no other words passed—the cook put down a basket he bad in his hand, turned himself round suddenly, and put himself in a fighting attitude—he was four or five yards from the prisoner, who then put himself in an attitude to fight—he stripped off his waistcoat and went towards him—they then got close together—I went to part them, and succeeded in doing it directly—I sent the prisoner to the cabin, and the cook to the galley—I did not see a blow struck by either party—I was close to the prisoner, and if there had been a blow, I think I must have heard it, if not seen it—I could not see their fists—after the scuffle, the cook said he had not struck the prisoner, but intended as soon as he could get hold of him—I heard no more of it.
Cross-examined by MR. CHAMBERS. Q. When was the accident? A. About two or three months ago—we had come to England and returned—he fell against the belaying pin, which has a point—he fell against the pointed end—it struck him about the fourth or fifth rib up—I felt his ribs, thinking he might have broken one—he went to work as usual after two or three days—his 'ribs were not bandaged—I do not know of his having a doctor—he went about his work after the scuffle, and went ashore afterwards—he was irritated, when he threw himself round, and turned sud-denly and quickly—I have known the prisoner five years—he was mild and quiet.
MARK BROWN GARRETT . I am a surgeon, and live in the New-road. On the 3rd of June, about half-past nine o'clock in the evening, I was called to see the deceased at his residence—he was not in bed—he complained of pain in the left side—I found bruises, and a discoloration of the skin—I pressed on it, and it produced considerable inconvenience—on making the pressure with my hand, I found a distinct cracking on the left side, indicating a fracture of the rib—there was a drawing of his breath, accompanied with pain—I ordered him to bed, and saw him next morning—on my first visit, I ordered ten leeches to his side, with proper medicine—next morning I encircled the chest with a roller—the remedies gave him relief—he died on the 10th—I examined his body—there was the same discoloration of the skin—on opening the body, on the left side of
the lungs, there was a considerable quantity of fluid—an oblique fracture of the left rib—the left lung was in a state of collapse, and on the right side there were general adhesions of some date—the right lung was considerably contested—the other organs were healthy—the ribs were most likely disturbed in opening the body—his death was caused by the inflammation on the left side, the effusion of fluid in the cavity of the pleura—the inflammation was caused by the fractured rib, which appeared recent—I cannot particularize any time—I should not think it could be two months, from the appearance—a fracture may be caused by a variety of causes—I suppose this was caused by a blow—I think it must have been a very severe blow, if it was in a fight.
Cross-examined. Q. Which rib was broken? A. The seventh on the left side—I found the ribs considerably ossified, but not entirely bone—I there was cartilaginous matter—the seventh rib is not fixed to the breast I hone—being ossified would make them more brittle, and liable to snap in a fall or struggle—there are cases on record of ossified ribs snapping by suddenly turning round—he was very stout, And no doubt the exertion of turning would be more violent than in a thin man, and an oblique fracture is just the sort likely to occur on the act of turning round—I do not pledge myself that the fracture was not of two months' standing, but in this case think it amounts to certainty, as it would then almost invariably have some appearance of union—there are cases of exception to the—I believe there are cases on record of fractured bones not presenting any appearance of union for many months, but not within my own knowledge—I am of prepared to say this is not a case of that sort—there was every appearance of it being recent—his suddenly exerting himself after an old fracture might produce all the appearances I saw, and the inflammation also—there were small sharp pieces of bone on the lungs—there are cases of sudden exertion in inch a case producing inflammation and death—the appearance in that case would be somewhat similar—Mr. Godfrey saw the deceased—he thought there might be other causes as well as a blow to produce the fracture—there were bony spicula on the diaphragm—I am not prepared to pay that might not run into the lungs and produce inflammation.
DAVID SMITH . I was a seaman on board the vessel, and saw the whole that took place. I did not observe a blow struck by either of the party—I was three or four steps behind them—I was looking at their faces—they were both sparring.
JAMES RUSSELL . I was a seaman on board the vessel. I did not see the commencement of this—I was six or seven yards off at first—they were close to each other—I cannot say whether the cook struck any blow, as his face was towards me, but the steward was close to him, striking at him—I cannot say in what part of the body, it was done so quick—I heard no blow—they were parted immediately.
Cross-examined. Q. What you saw was all in a moment? A. Yes.
COURT. Q. Could the mate see more of it than you? A. I do not know—I was five or six yards off.
NOT GUILTY .
Before Mr. Justice Wightman.
1563. RICHARD STAITE was indicted for feloniously and know-ingly uttering, en the 3rd of June, a counterfeit half-crown to Sank Perowne, he having been previously convicted of uttering counterfeit coin.
MESSRS. BODKIN and DOANE conducted the Prosecution.
Cross-examined by MR. PAYNE. Q. Did you read it all over? A. Yes; the Clerk of the peace read it with me—I am quite certain it is a correct copy—(read)—the prisoner is the person who was convicted.
MARY MOSS . I am the wife of Thomas Moss, who keeps the Royal Standard public-house, in Fleming-street, Kingsland-road. On Thursday the 3rd of June, between seven and eight o'clock, the prisoner came to the bar for a glass of gin—I served him—he tendered me a half-sove-reign—I gave him two half-crowns, four shillings, a sixpence, and 4d. in change, which he took, and went into the skittle-ground—he returned in three or four minutes, and called for a cigar, which I had not got—he took a cheroot, which came to 2d.—he paid me that in copper money, and asked me to give him change for the two half-crowns—I made no objection—he put down two on the counter, one on the other—I looked at them, and observed the under one was counterfeit before I touched it—I said, "That is not the half-crown I gave you, "after I had examined it—he made no reply, but instantly took it up, threw down a good one, and walked away from the house—I am positive the half-crown I spoke to him about was a bad one—I am a very good judge of money—I am quite certain it was not one I had given him—I had never seen him before.
Cross-examined by MR. PAYNE. Q. Are you sure he is the person? A. Yes—I saw him for about five minutes altogether—only one other person came to the bar—I saw the prisoner again at Worship-street last Friday—J examined the half-crowns I gave him—I took them out of a private drawer, not out of the till—there was nothing particular in the half-crowns—there was 20l. worth of silver there—I cannot say how many half-crowns—there might be 51. worth—it was between seven and eight o'clock in the evening—our lamps were not lighted.
MR. BODKIN. Q. You saw it was a bad half-crown before you touched it? A. Yes—it was very much like my counter, which is pewter—persons who are judges of money might have seen it directly.
SARAH PEROWNE . I am in the service of Benjamin Poole, who keeps the Old Whitmore's Head public-house, Hoxton. On the 3rd of June, about eight o'clock, or a little after, the prisoner came to our house, which is a very little distance from the Standard—he asked for a glass of ale, which came to 2d.—he gave me a halfsovereign—I went to a private till for change, not having it in the other till—I had 1l. in change in that till—it was half-a-sovereign, a crown-piece, and two half-crowns—I had seen the two half-crowns before—Mr. Poole, my master, had placed them there for me to give change—I laid the crown-piece and one half-crown down to the prisoner, and kept the other half-crown, giving him the rest of the change out of the till—I had not sufficient—he pulled out a sixpence, and bid me give him change out of that—I gave him back his half-sovereign, and gave him change for sixpence—he left immediately—after he had left the door I found 1 had got a bad half-crown in exchange for the good one I had given him—I sent Charlotte Dyer after him—he returned, and I told him he had given me a bad half-crown—I do not recollect his saying any thing—i
called Mr. Poole, bit the half-crown, and gave it to him—he put it into his pocket—he told the prisoner it was a bad one, and he knew it—Mr. Poole kept his hand on the door, to keep the prisoner till he could see a policeman, but the prisoner knocked him down and ran out—Mr. Poole ran after him, and was brought back by some people in a bleeding state—next day Davis, the policeman, came to our house, and the half-crown was given to him—the prisoner had no coat on when he came to the house—he had a hat.
Cross-examined. Q. Had you any other half-crowns where you placed the one he gave you? A. No, I had only two half-crowns in the private till.
BENJAMIN POOLE . I keep the bouse. Perowne called my attention to this transaction, and gave me a half-crown, which was afterwards given to the officer—I found it was bad—I took it in my hand, and said to the prisoner, "You are aware this is a bad one, why did yon offer it?"—he made no reply—I reached it out to him again, and said, "Yon are quite aware this is an infamously bad half-crown, I shall retain is"—he made a step to snatch it out of my hand, and said, "Let me have a look at it"—I closed my hand, put it into my pocket, and said, "I shall detain it and detain you"—I had no other money in that pocket at all—I went to the door, laid hold of it, and stood a short time, looking out for a policeman—shortlyafter my attention was diverted by looking at him lighting his cigar—he saw my eye off him, and directly gave me a tremendous blow on the aide of the head, and knocked me down by the bar—I jumped up almost immediately—he was gone—I pursued him, took hold of him, and his shirt and waistcoat came off his back—he swung himself round, gave me a tremendous blow in the eye, and almost knocked my eye out—it knocked me down—I fell on a stone, and cut my head open—all I recollect afterwards was, he returned to me, and kicked me violently over the ribs and in the mouth, while I was on the ground—I then became senseless—I de-livered the half-crown next day to my sister, who gave it to the officer in my room—I had put into the private till, two or three hours before this occurred, silver for my servant to give change—it was wrapped in paper—there were half-crowns among it—they were good—I am certain the one produced by the prisoner was not one of them.
Cross-examined. Q. How long were you together after you said it was an infamously bad half-crown? A. Not more than two or three minutes—I did not struggle with him till be struck me, nor did I use any violent lan-guage to him.
HARRIED POOLE . I am the last witness's wife. I saw him brought into the house insensible, and was attending to him all night—next day my sister came into the bed-room, and in consequence of directions my hus-band gave me, I put my hand into his left-hand browsers' pocket, took out a half-crown, and gave it to my sister.
ROBERT DAVIS . I am a policeman. I was called to the bar at the Whitmore's Head public-house, and found Mr. Poole lying on the ground bleeding, and apparently insensible—the prisoner was a short distance off, detained by a number of persons, without his coat—I took him into custody—he was very violent—he said he had been assaulted, and robbed of his coat, a valuable pin, and his hat—I said if he would come with me I would see him righted—I was not aware of the circumstances then, but we people called out that he had killed Mr. Poole—he then kicked, and
struggled, and fought, trying to escape—the people assisted me, and Donovan. a policeman, came up—we had great difficulty in securing him—we had to tie him with cords to a stretcher—I went next day to Poole's house, and received a half-crown from Perowne—I found 6d. in copper on the prisoner—a shilling dropped in the struggle.
GUILTY . Aged 32.— Transported for Fifteen Years.
Before Mr. Baron Rolfe.
GEORGE HOWARD . I keep the Half Moon public-house, West Smith-field. On the 3rd of May the prisoner came to lodge with me, and staid about ten nights—he said he was a dealer in cattle—5s. was due to me from him—he tendered me the cheque now produced in payment.
Cross-examined by MR. DOANE. Q. Is there any mark by which you know that to be the same cheque? A. Yes—the red ink mark which was made at the Bank—it was not on it when I first saw it—I first presented it to a Mr. Slater, who I supposed to be the person it belonged to—I received it on the 14th of May—on the 15th I gave it to my waiter to tike to the Bank—he brought it back to me, and I kept it in my possession till the prisoner was taken, when I gave it to the police—I am quite sure this is the cheque the prisoner gave me—(read.—"36, Nicholas-lane, London, May 13th, 1841. Masterman, Peters, Mildred, Masterman, and Co., pay to Mr. William Peters, or bearer, the sum of 11l. 10s. Charles Slater, Knightsbridge.")—I do not know any person named Charles Slater—my waiter is not here—there was no red ink on the cheque when I gave it to him—I showed the cheque to a person named Thomas Slater, a butcher, at Kensington—the prisoner gave me this cheque in payment of the 5s. be owed me—he gave it me about ten o'clock in the evening, after banking hours—he remained with me during that evening—I cashed it for him, and gave him 9l. all but 5s., which was all I had by me—he went out and returned in the course of the evening—after he returned, I expressed some doubts about the cheque, and wished I had not taken it—he said I need not put myself in any trouble about it, he would give me back the money, and he gave me back 7l. 10s. next day, saying it was all he had left, he had paid away the remainder—I gave the cheque to my waiter with some directions—he returned between eleven and twelve, and the prisoner was then told it was a forgery—I do not recollect that he said he would go and look after Slater—I would not let him leave—I kept him in the bar parlour, but he got away—I called the police, but he was not taken for a week after—to the best of my recollection the prisoner told me that Slater had paid him the cheque in payment for a pony he had sold him—I do not know that he had a black pony—I never saw it—he never asked me to deal with him for a pony to my recollection—he offered to lend me a horse, but I did not accept the offer—he talked about having a horse and chaise.
COURT. Q. How do you know this is the same cheque you received from the prisoner, and gave your waiter? A. By the notice I took of it before I gave it to my waiter—I took notice of the No. 35, Nicholas-lane—that
is all that I know it by—I made no mark on it—I did not show it to the prisoner when the waiter brought it back, to my recollection—it is the same cheque.
THOMAS BRAND . I am cashier at Messrs. Masterman's—this cheque was presented about a fortnight or three weeks ago—no person named Slater keeps an account with us—I do not know this signature—I never saw it—this writing in red ink was done on the back at our house.
Cross-examined. Q. Does it not sometimes happen that money from the country is paid in to the account of persons who have no account themselves at your house, and then they draw for it? A. Very often.
COURT. Q. Did you receive any advice from any of your correspon-dents in the countsry, that such a sum had been paid in? A. No, and this cheque could not have been given for such a purpose, because we have a rule of getting a red cheque on such occasions.
JOHN EVANS (City police-constable, No. 283.) I apprehended the prisoner on the 21st of May, walking in Fleet-street, in the day time—I took him to the station, searched him, and found on him this cheque for 11l.—(This cheque was dated May 19th, 1841, for 11l. drawn by William I gleby on Masterman's.)
MR. BRAND re-examined. No such person as William Ingleby keeps any account at our house—these two cheques have been taken from the same hook—they are consecutive numbers, 1092, 109$, with the same letter—I have referred to our book to know who has received cheques from us, and this book was given out some three or four years ago to a cus-tomer, who now does not keep any account with us—I have not a doubt that these two signatures are written by the same person—the bodies of the cheques are fac-similes, and I should say the signatures are the same handwriting.
GUILTY of uttering. Aged 28.— Transported for Fifteen Years.
(There were two other indictments against the prisoner.)
Before Mr. Baron Rolfe.
1565. JAMES BRICKWORTH was indicted for burglariously break-ing and entering the dwelling-house of Joseph Smith, about twelve in the night of the 25th of May, at St. Martin-in-the-fields, with intent to steal and stealing therein 3lbs. weight of cigars, value 1l. 17s.; his property.
JOSEPH SMITH . I am a tobacconist, and live at No. 25, Strand. On the 24th of May, about twelve o'clock at night, as I was going to put up my shutters, I observed that a pane of glass was broken at the corner of the window—I did not miss any thing at that minute—I put up one shut-ter and as I returned for a second, I met the policeman with the prisoner in custody—he asked me if I had lost any thing—I said not that I was aware of—he said, "You had better look, 1 think you have"—I looked and found I had lost five bundles of cigars, containing 100 each, they had been lying in the window directly opposite where the glass was broken—I had seen the glass whole about eight or nine o'clock—the policeman found some cigars under the broken window and I found three or four in the area directly under where the window was broken—they were of the same
description as those I missed—I observed next morning that a sharp instrument had been put into the putty below where it was broken, and a piece of glass turned out.
Cross-examined by MR. PAYNE. Q. You have never seen the cigan since, except those found under the window? A. No.
WILLIAM HOWARD (police-constable F. 94.) I was on duty in the Strand on the night of the 25th, I saw the prisoner standing close to Mr. Smith's shop window—there was another one with him—I went towards them and heard a slight snap as I thought, as if glass had been broken—I looked round for a moment, and then walked very smartly towards Mr. Smith's shop window—there was no other shop near there open at that time—when I got there I saw the prisoner turn his head, look towards me, and then they both ran away in the same direction, as fast as they could—I kept my eye on the prisoner on account of his having this black apron on—the other one escaped—I pursued the prisoner down Hungerford street, and at last caught him in Craven-street—he was stopped by another constable—I had my eye on him the whole of the way, and was calling "Stop thief"—when I got up to him he had taken his apron off, and had got it doubled up in his hand—he asked what I wanted him for—I said I did not exactly know yet, but I suspected he had broken a tobacconist's shop window—he came back with me—I took him back to the shop and asked Mr. Smith if he had lost any thing—he said he thought not—I said I thought he bad, and went out, took the shutter down, and saw the glass had been broken big enough to get both my bands in—I picked up nineteen cigars from the flagstones close under the window, and Mr. Smith brought up three from the area.
Cross-examined. Q. You did not find any sharp instrument, or any thing of that kind on the prisoner? A. No—the prosecutor's house is very near Hungerford-street, on the same side of the way—I was about thirty yards off when I first saw the prisoner close to the prosecutor's window—it is about two hundred yards from the prosecutor's house to Cra-ven-street, where the prisoner was stopped—I ran too fast, and overshot myself, and had to turn back to take him—I am quite sure he is the person—he was standing with his front towards the window, and his side to me.
NOT GUILTY .
Fourth Jury, before Mr. Recorder.
1566. JOSEPH WHITE SIMMONDS was indicted for embezzling, on the 20th of April, 11l. 3s.; on the 6th of June, 5l.;—also, on the 21st of December, 8l. 6s. 6d.; on the 2nd of February, 3l. 2s. 6d.; on the 13th of February, 10l.;—also, on the 27th of February, 9l. 3s.; on the 4th of May, 4l.; and on the 14th of May, 5l.; which he had received on ac-count of George Henry Heron, and another, his masters; to all of which he pleaded
GUILTY . Aged 27.— Confined Twelve Months.
1567. ROBERT HEATH was indicted for feloniously breaking and entering the dwelling-house of John Henry Gill, on the 16th of May, at Ickenham, and stealing therein 3 watches, value 21l.; 1 watch-chain, value 2l.; 1 watch-key, value 5s.; 5 brooches, value 4l. 5s.: and 1 breast-pin, value 3s.; to which he pleaded
GUILTY . Aged 34.— Confined Nine Months.
MR. PAYNE conducted the Prosecution.
JORDAN ROACH LYNCH, M.D . I live in King-street, Snow-hill. I saw the child on the Friday, the day after its death—I opened it on Saturday—I found the body very much emaciated—I cannot say whether it arose from sickness or insufficient nourishment—I did not find any bruises—the lungs were inflamed—the bronchial cells, the stomach, and intestines were healthy—the disease in the lungs was sufficient to account for death—it might arise from a variety of causes—want of care and attention would predispose it to an attack of that description—I heard of the bead being knocked against the wall, but found no traces of any violence—I cannot say that the neglect of the mother caused the death—I saw her there—she seemed to treat the whole matter with very heartless levity—all kinds of bad treatment would predispose the child to the disorder, but it would not be a necessary consequence—rough treatment, or leaving it to the care of another, would not—I allude to the complaint of the lungs—we find the same complaint in children who are well attended to—the stomach did not indicate an absence of food.
NOT GUILTY .
Cross-examined by MR. BALLANTINE. Q. You call it clover and bents, did you ever hear it called by any other name? A. Never—bents are a species of long grass.
CHARLES BUTLER . I was employed to watch a field of clover with Mr. Harris, on the 4th of June—I remained there some time, and saw the par-ties suspected pass the field—I heard a cart stop, and followed them—I saw Richard Hop wood and Robe in the field—I saw them bring the grass out, and put it into the cart—I took Robe into custody—Richard Hopwood ran across the field, and ran away—I gave Robe to Harris—James Hopwood stood watching the cart—I heard him call out at the time—I understood him to say "Father"—Richard Hopwood is his uncle—I saw Richard bring some clover and bents, and put it over on to the road—he made great resistance to being taken—there were two carts—James Hopwood drove one away very fast—it had grass in it—most of it was clover, bat that was not from that field.
Cross-examined. Q. Who did you apprehend? A. Richard Hopwood and Robe.
PHILIP HARRIS . I am a farmer. I was with Butler and saw Richard Hopwood and Robe in the middle field—James Hopwood stood in the road—there were two horses and carts—Robe put the grass into the cart—Richard Hopwood put it over the gate out of the field—Butler secured Robe and gave him to me—Richard Hopwood ran across the field and Butler took him—(sample produced)—I should call this clover and bents—I do not think grass a proper description of it—a farmer would not call it grass.
EDMUND BURTON (police-constable T 25.) I set Butler watch the field—I heard the noise of a horse and cart galloping, and saw the prisoner, James Hopwood, in the cart, going towards Staines—I called to him to stop—a quantity of grass was in that cart different to that produced—I asked to whom the cart belonged—he said it did not belong to him—he did not say who it belonged to—Robe said he was sorry for what he had done, that he was merely asked by the other two to put some hay in the cart, and he did so, but did not know he was doing wrong.
(James Hop wood received a good character.)
R. HOPWOOD**— GUILTY . Aged 54.— Confined Six Months.
J. HOPWOOD— GUILTY . Aged 21.— Confined Three Months.
ROBE— GUILTY . Aged 19.— Confined One Month.
GEORGE TOWNSEND . I keep the Running Horse public house, in the Harrow-road. I employed the prisoner to repair clothes for me—I bought some cloth and got him to make a coat for me—on the 20th of June, last year, he was at my house, and I applied to him to make some alterations in the coat—he was to alter it in the house—I did not authorise him to take it home—I handed him the coat—I saw no more of him until eleven months after—I then gave him in charge—I found the coat in pledge—the duplicate was sent to me.
Cross-examined by MR. BALLANTINE. Q. What was to be done to the the coat? A. Merely a button hole to be altered—I should not like to swear to all the conversation which took place at the time I gave him the coat—he had been in the habit of mending things for me, and taking them home—he always brought them back before this—he said it was hardly worth while taking the coat home to do so small a job—I said, "Very well, then, do it in the house"—he said he would—if he had taken it home and brought it back again I should not have been angry—I did not intend him to take it out of the house, because I wanted it next day—I did not send for him to do the job—he was in the house at the time, and I asked him to do it—I did not to my knowledge wrap it up in a handkerchief for the purpose of its being taken out of the house—I would not undertake to swear I did not—it is so long ago I do not remember.
JOHW ROBERT DAY . I am shopman to Mr. Loveday, pawnbroker, St. Alban's-place, Edgware-road. I produce a coat pawned on the 20th of June, 1840, for 1l., in the name of William Rowlands, lodger, No, 7 Arlington-street—the young man who took it in has left us.
ALFRED HUGHES . I am a policeman. I took the prisoner into custody—the prosecutor said "What have you done with my coat?"—the prisoner made no answer—he was confused—he afterwards said he was very sorry he had taken the coat, and he must suffer for it.
NOT GUILTY .
CORNELIUS RUCK . I live in Duke-street, Southwark. On Saturday afternoon, the 29th of May, I was coming into the City—on London-bridge, near the steps leading down to the water on the London side, I felt something trip against my heel—I turned round and saw the prisoner close behind me—I thought he looked rather suspicious, and put my hand to my pocket and found my handkerchief was gone—I followed him to the top of the steps leading to Thames-street, where there was a police-man, but before I could speak to him the prisoner ran down the steps—the policeman and I followed him, but lost sight of him—we went under the arch and up the steps on the other side, and walked half-way across the bridge, but could not see him, but on our way back I saw him—I saw the policeman take him, and find my handkerchief on him—I am quite sure of his person.
Cross-examined by MR. CHARNOCK. Q. What time of day was this? A. Three o'clock—there were several persons passing—he was close behind me when I turned round—I did not see any body touch my pocket, but felt it—I could perceive no body near but him—he was looking at me very suspiciously—I looked at him very bard—there was guilt in his countenance—this is my handkerchief—I have bad it about six weeks—there is a knot in it which I tied before I left my counting-house, to re-collect something I had to do in the City—I have no mark but the pattern—I swear it is mine—I swear positively to the prisoner—I took very particular notice of him—he looked round at me two or three times as I followed him—I did not sharge him with it at the time, because there was no policeman—I once did so in another case and got surrounded by a number of the people—the policeman said he had got my handkerchief—he said he had no, the had just come from over the water, but when the policeman found it be said he had picked it up—i expect he knew me for when I turned round a woman was passing, and he stooped down behind her to conceal himself.
(The prisoner received a good character.)
GUILTY . Aged 19.—-Recommended to mercy.— Confined Three Months.
JOSEPH HOARE . I am footman to a gentleman in Suffolk-place, Hay-market. On the 11th of May, the prisoner came to my master's house with his master, Mr. Jackson, and assisted to wait at dinner—he had ac-ces to the pantry where my watch hung—I saw it safe at nine o'clock—he left a little before eleven—I missed H shortly after—while I and the prisoner were together he noticed the chain of the watch, saying, it looked very black, and asked if it was silver—I said, "Yes."
Cross-examined by MR. DOANE. Q. Did you know him? A. Yes, by his coming to the house—he had been nine months in Mr. Jackson's service.
GEOROE DOWNHAM . I am a pawnbroker, and live in Lower Eaton-street—I produce a watch and chain pawned on the 12th of May by the prisoner for 30s.—I am certain of him—I saw him again two days afterwards.
NICHOLAS PEARSE . I am an inspector of the A division of police,; took the prisoner in charge on the 17th of May, at No. 6, Chestersquare and told him the charge—he said he knew nothing about it—I went to his room which he pointed out, and in a box I found 6 duplicates, one of which was for the watch—he said he had bought it of a man in Belgrave street, about a fortnight before.
(The prisoner received an excellent character.)
GUILTY . Aged 27— Confined Six Months.
GEORGE WARD . I live in Bread-street, Cheapside. On Saturday evening, the 12th of June, I was on Blackfriars-bridge—I felt a slight at my pocket, and turning sharply round I found the prisoner standing behind me in the act of flinging my handkerchief down—I took it up at his feet, and secured him immediately.
Prisoner. Two men were taken into custody? Witness. On our way to the station-house, a boy came up, tapped him on the shoulder and said, "Bill, I will tell somebody," who he named, and he ran down East-street—a person came up and said, "There are two of his companions on the other side of the street, I advise you to take them"—one of my friends walking with me went and gave them in charge, but we could not connect them with the prisoner—I have a few iron-mould marks on the handker chief by which I know it.
GUILTY . Aged 19.— Confined Six Months.
EDWARD GUDE . I am a drover in the employ of Mr. Guiding, a butcher at Staines. On the night of the 11th of June I slept at his house—I left my trowsers on a nail in the wash-house, which was not fastened except with a latch—next morning, when I came down, I missed them—I went with the policeman, and found them at the station—these are them.
PETER O'TOOLE (police-constable T 140.) I was on duty at Staines on the night of the 11th of June—I met the prisoner in High-street with the browsers in his hand—when he saw me before him he tried to conceal them under his coat—I secured him—he at first said he found them coming from Ascot races, but at the station he said he took them out of a back house, where he was going to sleep—I thought by his description it was Mr. Golding's premises—I took him there, and he said it was the place—he appeared in distress.
GUILTY .* Aged 42.— Confined Two Months.
NEW COURT.—Wednesday, June 16th, 1841.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 16. Conflned Six Months.
GUILTY , Aged 48.— Confined Three Months.
MR. ESPINASSE conducted the Prosecution.
SARAH COOK . I am the wife of Benjamin Joseph Cook, a brush-maker, in the Bethnal-green-road. About ten o'clock in the morning of the 5th of May, the prisoner came to my shop and purchased a pocketcomb, which came to 1d.—he gave me this bad half-crown—suspecting it, I called my son, and gave it to him—he bent it, and said it was bad, and it should go no further—the prisoner directly ran out—my son ran after him—he returned in less than two minutes, and gave me the half-crown—I put it on the parlour mantel-piece—there was no other there—I gave it to Teakle the policeman after marking it.
JOSEPH COOK . I am the son of Sarah Cook. I was called by my mother, on the 5th of May, to look at this half-crown—I bent it, and told the prisoner it should not go further—he said he took it at the docks—he ran away, and I after him—I could not take, him—I saw him again on the 18th of May, in custody.
ELIZABETH FITCH . I am the wife of William Fitch, who keeps the Gardeners' Arms public-house in Grove-street, Bethnal-green. On the 17th of May, between five and six o'clock, the prisoner came and called for half-a-pint of beer, which came to 1d.—he gave me a shilling, which appeared to be bad—I called Boyer, and gave it him to look at—I called my husband, and saw Boyer give it to him—he told the prisoner, we had so much bad money, he was determined to give him in custody—he ran away immediately.
GEORGE BOYER . On the 17th of May I was at Mr. Fitch's—Mrs. Fitch gave me a counterfeit shilling, and asked me to look at it—I said it did not want any looking at, it was a counterfeit—I gave it back to Mrs. Fitch—the prisoner ran away—I pursued, and took him—he said, if I had been alone, I should not have taken him—I kept him till the officer was called.
WILLIAM FITCH . I was called—my wife gave me this shilling—I asked the, prisoner whether he offered that to my wife for a good shilling—he said, "Yes"—I said, we had a great many passed on us lately, I supposed he was one of the gang—I told him I would send for a policeman—he then ran away—I kept it till the policeman came and gave it to him—I marked it.
GUILTY . Aged 23.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution.
DAVID BYERS . I am warehouseman to John Foreman, of Commercial Wharf, Old Swan-lane, Upper Thames-street; he is agent to a flint and glass-bottle manufacturer; Seabrook was in his employ. On the 29th of May I came to work at half-past eight o'clock—as I was going up, Sea, brook said a cart had broken down, and he had had a hard job, he had hoisted a crate into the top floor—I cannot recollect where he said the cart had broken down—in the evening 1 and he were at a public-house, and he said the man was coming for the crate on Monday morning it seven o'clock—on Monday, at six, I went to work—I saw Seabrook—he said the man was coming for it at seven, and he was to have it—about seven I was up in the top floor—I saw Seabrook there—he went down stairs—Reeves came down the lane, opposite our warehouse, with a whip in his hand—he said, "Do you know a person named Brown or Bowen and said he called for the goods that were left there on Friday—I said I knew nothing at all about it, he had better go to the foreman—after that, in consequence of suspicion, I went to the warehouse where the crate was—I went to the crate, which was on the floor where I was working—it was a middling-sized crate—I did not open it—I pulled this bottle, now produced, out—I pulled another bottle out, but that 1 put in again—it was similar to this, but not the same colour—I think they are my master's—the crate was fuller than they are usually packed—after I pulled the bottle out, Seabrook came up to me and said, "There is a quartern of gin for you at East's; you can go and take Jack and get it—Jack is the foreman—I called Jack, and went to the public-house—I then told him what I suspected, and he returned back—the crate would hold four or five gross of bottles.
Cross-examined by MR. DOANE. Q. Are you quite sure whether secbrook said Brown or Bowen? A. He said Brown or Bowen—Bowen in the name of one of the gentlemen in the establishment—Reeves cried out to me in the first instance.
JOHN FOREMAN . I am the master of Byers. Seabrook was in my employ on the 29th of May—I have looked at this bottle, and am convinced it was manufactured by Mr. Bowen, the gentleman for whom I was agent—I have taken stock since this, and am deficient in seventy dozen bottles, worth between 9l. and 10l.—I had this description of bottles—Seabrook had been with me about three weeks previous.
COURT. Q. When had you taken stock before? A. I had not takes it before—I had been agent about four months—one of these crates would hold from four to six gross—I speak to the bottle without doubt.
Cross-examined by MR. PAYNE. Q. Do you know the bottles? A. Yes, by the general appearance, and the bottom of the bottle—Mr. Bowen is not here.
JOHN SLOUGH . I am foreman to Mr. Foreman. On the 31st May I went to work—I saw Byers about five minutes after seven o'clock—he called me away—we went to a public-house, and he communicated some-thing to me, in consequence of which I went back to the warehouse—I saw a cart with a crate in it in the lane, about twenty or thirty yards from the warehouse—I saw a man on the wheel of the cart—I cannot swear to the man—I then went out of the warehouse, and ran down an alley for the purpose of meeting the cart, but missed it.
JOHN HARMSWORTH . I am carman to Mr. Foreman. About half-past seven o'clock in the morning of the 31st of May I was going to Mr. Fore-man's warehouse—I am Reeves in the lane opposite my roaster's ware-house—he bad a whip in his hand—on the Wednesday following I was sent for to Tower-street station, and there saw Reeves in custody—I was asked, in his presence, if he was the man—I said, "Yes"—he said, "No, he did not see me in the lane"—I knew him before—I am sure he is the man.
JESSE KING . I am a porter to Messrs. Tudor, in Upper Thames-street. About ten minutes to eight o'clock, on the morning of the 31st of May, I was passing down Princes-street, about half a mile from Old Swan-lane—I saw Reeves, whom I knew before, driving a horse and cart with a crate in it—I said, "Good morning; you have got an early job"—he said, "Yes," and went on.
ROBERT HAMBLING (City police-constable, No. 530.) On the morning of the 31st of May I was sent for to Mr. Foreman's warehouse, and Sea-brook was given into my custody for sending away a crate of bottles without Mr. Foreman's knowledge or permission—Seabrook said the crate was not Mr. Foreman's—I asked him whose it was—he said, on the Saturday previous, while he was in the upper warehouse, a man in the street called out, "Hoy!"—that he looked out; the man said, "Just throw out your hook, my horse has fallen down;" he did so, and took up the crate; the man said he would call for it on Monday—I said, "Did he call on Monday?"—he said, "Yes, and the crate I sent away this morning was the crate he left" I asked if he knew whose cart it was—he said no; he got 2s. for the job—I after that received a description of Reeves, in consequence of which I took him into custody—he said it was quite a mistake, he had not been in the neighbourhood of Swan-lane for a week past—he said it was a mistake altogether, he was not the man, he had been very ill for some time—he said, "It is a good thing you cannot hang me for it."
(Reeves received a good character.)
SEABROOK— GUILTY . Aged 34.— Confined One Year.
REEVES— GUILTY . Aged 26.— Confined Six Months.
MR. PAYNE conducted the Prosecution.
JOSEPH HEDGES . I am shopman to Thomas Steel, a boot and shoemaker in High Holborn. About seven o'clock, in the evening of the 21st of May, the prisoners came into the shop—Healy asked to look at some shoes—she tried on several pairs, and then asked to look at some prunella shoes—previous to that I had brought down three pairs of leather shoes for them to look at—Healy purchased a pair—I missed a pair of shoes—I pursued them, when they left the shop—my master followed me—I left to find a policeman—I came back, and Sullivan ran away—I fetched her hack—she begged me to let her go—I saw two pairs of shoes in my mas-ter's band—one pair had been sold.
Cross-examined by MR. PHILLIPS. Q. Sullivan did not ask to look at any shoes? A. No.
custody—she said, in going to the station, that Sullivan had given her the hoes.
THOMAS STEEL . I keep a shoe-shop in High Holbom. I went out soon after my man, on the 21st of May—one of the prisoners had a basket—I took the pair of shoes which had been sold from Healy's hand, and the pair that had not been sold were in Sullivan's hand—I said, "You have got two pairs of shoes of mine," and then Sullivan ran away—my young man was with them when I came up.
Healy's Defence. I received my wages and had a holiday—I came out to buy somethings—I called on Sullivan—I bought some things, and give her my basket to carry, and went to buy a pair of shoes—I gave then to her to put into the basket—I had no idea of her having another pair.
(Sullivan received a good character.)
SULLIVAN— GUILTY . Aged 19.—Recommended to mercy.— Confined Three Months.
HEALY— GUILTY . Aged 21.— Confined Five Days.
FRANCIS RANKIN . I am a surgeon, living in Gloucester-terrace, New-road. About five o'clock in the afternoon of the 7th of May, I was going down Barbican, and near Golden-lane I felt some one take something from my pocket—I turned round, and a person behind me told me something—I pursued the prisoner, and took him—I waited about five minutes and an attempt was made to rescue him by a party—he struggled very much, but did not get away.
Prisoner. Q. When you turned round, was any one behind you? A. Yes.
HENRY FRENCH SHARP . I was there, and saw the prisoner drop the handkerchief—I went after a policeman, and on my return I saw an at tempt to rescue the prisoner, by eight or ten of his friends; and during that time the prosecutor lost his hat.
JAMES CONNOR . I live in Long's-buildings. I saw the prisoner drop this handkerchief—some bad girls and bad men attempted to rescue him—I saw them outside this Court yesterday—they accused me of coming against him, and took me by the collar.
Prisoner's Defence. I was coming along Barbican—this handkerchief was lying by the pump—I picked it up and went on—I know nothing about the rescue—there were two Irishmen fighting.
GUILTY . Aged 27.— Transported for Ten Years.
1581. THOMAS WILLIAM CHADD was indicted for stealing, on the 15th of May, 1 sovereign, 2 half-sovereigns, 2 half-crowns, and 1 shilling; the monies of William Stoddard Harris and another, his masters; to which he pleaded
GUILTY . Aged 17.— Confined Four Months.
was at Brunswick-wharf, Black wall, on the 18th of May, and felt something at my pocket—I turned, and saw the prisoner on my left hand—another boy ran from my right—I took hold of the prisoner, and he took this handkerchief from his breast, and let it fall on the ground—I had used it a short time before—it is mine.
Prisoner. There was another boy at the gentleman's pocket, and when got close to him the other boy threw the handkerchief into my breast, and I threw it down. Witness. I must have seen the other boy throw it into his breast, if he had done so—he ran away before I took the prisoner—the prisoner said the other boy had given it to him.
GUILTY . Aged 16.— Confined Six Months.
1583. JAMES DANIELS was indicted for stealing, on the 14th of May, 9 bushels of chaff, value 4s. 6d.; 1/2 bushel of meal, value 2s. 6d.; 2 bushels of oats, value 8s.; and 3 sacks, value 7s. 6d. the goods of John Peto, his master.
JAMES PETO . I am the son of John Peto, a farmer, at Heston, he is ill, and not able to attend—the prisoner was his servant a number of years—these nine bushels of chaff, half a bushel of meal, two bushels of oats, and three sacks, are ours—they were kept entirely for the hones—the prisoner had the food when he wanted it—he had no business to take any com with the wagon.
JOHN LOW . I am employed by Mr. Peto. I gave the prisoner a truss of hay on the 14th of May for his horses—he was to go to London for some dung—he had no business to take this chaff and other things—I be-lieve this to be my master's.
REUBEN HALL (police-constable T 181.) I was on duty at Hounslow, in the parish of Heston, at half-past four o'clock that morning, and saw the cart with four horses—I stopped the horses, got in, and found the prisoner asleep—I asked what hay he had got in the wagon—he said, "One truss"—I found the chaff in the wagon, and asked if his master allowed that—he said, "Yes"—I then found the other articles, and asked if his master allowed that—he said, "Yes"—I said, "I know better—you have got more than one truss of hay in your cart"—I took him in charge.
Prisoner's Defence. He asked me what I had got, and I did not say any thing—I do not know bow it came there.
GUILTY . Aged 23.— Confined One Year.
MARIA LAKE . I am the wife of Edward Lake, a stable-man, in Mar-ket-street, St. James's. From information, on the 19th of May, I went into my passage, and missed a sheet—I had seen it ten minutes before—I went out, and found the prisoner with it in Regent-street—I had not seen her before—I demanded it, and she gave it me from under her arm, and said, "I did it on purpose to be taken."
GUILTY .* Aged 38.— Transported for Seven Years.
GUILTY . Aged 30.— Judgment respited.
JAMES WARE . I am a printer, living in Clifton-street, north. About eleven o'clock in the evening of the 9th of June, I was passing through Aldgate—there was a reflection from the gas on the pavement—I saw some other person walking by my side, and something dangling in his hand turned, and saw my handkerchief in the prisoner's hand—he threw it down—I took it up, pursued, and gave him to the police—this handkerchief, now produced, is mine.
Prisoner's Defence. He knocked me down, and said I took his handkerchief—I did not—I was not near him.
GUILTY .* Aged 15.— Transported for Ten Years.
CHARLES PIKE HAMMOND . I am a butcher. Between seven and eight o'clock in the morning of the 10th of June, I was in Newgate-market—I felt something, turned my head, and saw the prisoner take a handkerchief from my pocket, and put it into his coat—I said he bad got my handkerchief—he said he had not—I opened his coat and took it from him—the, now produced is it.
GUILTY . Aged 16.— Transported for Ten Years—Convict Ship.
ABRAHAM DAVIS . I am a china and glass dealer, and live in High-street Bloomsbury. The prisoner was my errand-boy—he was going away at eleven o'clock at night on the 9th of June—I called him back, and said I should search him—I found this glass salt in his apron, and this other is his pocket, and this pipe—he had no business with them.
Prisoner's Defence. He found the pipe and one gloss salt on me—I had not the other.
GUILTY .—Aged 16.—Recommended to mercy.— Confined Four Days.
MR. PRENDERGAST conducted the Prosecution.
WILLIAM MARK CLARK . I am a publisher, and live in Warwick-lane. On Monday, the 10th of May, I packed up some books to go by Pickford's, to T. Nichols and Son, Northgate, Wakefield—there were some copies of "The Life of Wellington"—the parcel was afterwards produced in very loose state, and it was altogether short of five books—two have been found—they are similar to what were packed up, three are missing now.
THOMAS KEEL . I am a railway policeman. About eleven o'clock at night, on the 10th of May, I took this book from the prisoner's pocket-this is the parcel, I took this other book from it—the prisoner told me he bought it at Camden-town.
Prisoner. I picked up the book from under the truck—I was called to another truck, and forgot it.
Prisoner's Defence. I was called by Mr. West—I pulled the book out of my pocket, and told him I had bought it—if I had told him I had picked it up, as I should have done, I should not have been taken.
NOT GUILTY .
JOHN THOMAS . I am a builder, living in Little Stanhope-street, Mayfair. About one o'clock in the afternoon of the 21st of May, I was standing in a crowd in St. James's-park—it was the Queen's birth-day—Scable tapped me on the shoulder—I turned, and saw my handkerchief between my heels—I took it up—I had seen it safe five minutes before—this is it.
WILLIAM SCABLE . I live in Harrow-alley, Aldgate. I was in the park at the time the guns were discharged—I saw the prisoner—he had hold of the bottom of the prosecutor's pocket with his left hand, and drew out his handkerchief with his right a little way, looked at it, and then drew it out—I told the prosecutor, and the prisoner dropped it.
GUILTY . Aged 16;.— Transported for Ten Years—Convict Ship.
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 54.— Confined Three Months.
1591. JAMES KIRK and THOMAS HERBERT were indicted for stealing, on the 21st of May, 1 handkerchief, value 2s., the goods of Michael Allen Jane, from his person; and that Kirk had been before con-victed of felony.
GEORGE KEMP (police-constable N 82.) I was on duty in plain clothes, in St. James's-park, on the 21st of May—there was a drawing-room—I saw both the prisoners in company—I watched them for about twenty minutes, and saw them try several gentlemen's pockets by lifting them up and putting their hands in—I saw Kirk go behind the prosecutor and try his pocket—the gentleman felt him, and turned round—Kirk drew off for a few minutes—he then went up, succeeded in taking the handkerchief, and put it in his breeches-pocket—Herbert remained in company with him all the time.
Cross-examined by MR. PAYNE. Q. Where were you when Kirk put his hand in the pocket? A. Close behind him—there was no person between me and him—another policeman was with me.
JAMES HANDS (police-constable K 248.) I was there in plain clothes, and saw the two prisoners in company—I saw them both attempt several gentlemen's pockets—I saw Kirk attempt the prosecutor's pocket several times—the prosecutor turned round—Herbert was first standing behind Kirk to hide the motion of his hands, and then he shuffled round and stood behind a lady who was arm in arm with the prosecutor—at the
end of her was another gentleman, and he tried his pocket, and the lady's clothes—Kemp took Kirk, and took the handkerchief from his breeches pocket.
Cross-examined. Q. Were you and Kemp close together. A. Yes, stood behind him.
Herbert's Defence. I never met this young man before—I do not know him.
KIRK— GUILTY . Aged 17.— Transported for Ten Years.
HERBERT— GUILTY . Aged 17.— Confined Six Months.
JOHN MILDWATERS . I am a sailor on board a merchant ship—I had been about three weeks from my ship—she was in dock—I met the prisoner on the 29th of May, about two o'clock in the morning, in the New-road—I never saw her before—I was sober—I went and slept with her in some back street about the grove—I paid her—I awoke a few minutes after seven o'clock, and found she was dressed ready to start—I asked what time it was—she said eight o'clock—I doubted it, and took my watch from under my pillow, and it was but a few minutes after seven—I said, I should turn out—I got up, put my watch on the table, and went to wash my hands—she then went down, and said, she wanted to go into the yard—I had no suspicion—I went to the table, and missed my watch—she never returned—I gave information to the police-sergeant—she was taken about half-past ten o'clock the same morning—this is my watch.
EDWARD BROWN (police-constable D 20.) The prosecutor told me of his loss—I found the watch at the pawnbroker's—I then went with one of the pawnbroker's men to James-street, saw the prisoner, and took her.
GUILTY . Aged 21.— Transported for Seven Years.
THOMAS DOMINIC TULLY FARTHING . I am surveyor to the Chartered Gas Company—I have been engaged lately in laying down main pipes in Lincoln's-inn-fields—the prisoners were in the Company's employ—it was Dooley's business to take care of the tools and property while the man went to dinner—on the 20th of May he was employed in that capacity, and Bullen as a workman—from information, I had suspicion of Bullen having taken some lead—I sent to his house, and he came back with the person I sent—I taxed him with having attempted to take some lead—he said he had not placed it under his jacket and he did not know who had—I again taxed him with it an hour or two after, and he then said he had not placed it under his jacket himself, but he knew who had—I
saw Mr. Spencer the next morning, and gave both the prisoners into custody—the lead has not been found.
Cross-examined by MR. PHILLIPS. Q. Then Bullen had the whole night and a portion of the day of abscond? A. Yes, he was not taken till nine o'clock the next morning.
JAMES SPENCER . I am a carman to the Gas Company—I was in Lin-coln's-inn-fields a few minutes after twelve o'clock on the 20th of May, went to the trench, and saw the prisoners in the act of putting something into a jacket or coat—knowing me, Bullen sat on the jacket, and Dooley took a shovel and began filling the trench—Bullen sat some minutes, and then got up, and began to unload the wagon—in a few minutes after the men came from dinner—he went to the pot in the place where the other men were collected, then went a few paces, and took the jacket—I told him I must see what was in it—he said, "Never mind," or something—he then took it back, and returned it from whence he took it, and out of the jacket he took a pig of lead, and walked towards the pot—I have no doubt it was the Company's lead.
Cross-examined. Q. Was it put into the melting-pot? A. I do not know—I do not know what became of it—I did not examine the lead—it was the shape and size of their lead—it was the shape of other pigs of lead.
NOT GUILTY .
1594. MICHAEL MURPHEY and JOHN BUTLER were indicted for stealing, on the 20th of May, 1 sack, value 1s.; and 2 1/2 bushels of oats, beans, and chaff, value 10s., the goods of Robert Blore, and others, the masters of Murphey: to which
MURPHEY pleaded GUILTY . Aged 35.— Confined Six Months.
OTHO HENRY STEED (police-constable D 181.) On the 20th of May 1 received information, and went about a quarter past five o'clock to No. 23, Little Church-street, St. Marylebone—it is a house opposite one of the omnibus yards—I saw Butler go into the yard with a hone and curt—he went by the side of the horse and began loading the cart with dung—saw a bag passed by the gate, which was shot into the cart—I did not see who put it in, but Butler shook up the light dung, covered the bag over, he went to the tail of the cart, pushed the bag further in and con-tinued to load the cart—when be drove the cart out, I called Taylor, and told him what I had seen—I followed Butler and stopped him, and asked what he had got in the cart under the dung—he said a little corn or something in a bag, which the man put in, and then he said he did not think there was any thing put into the cart but dung—the cart was unloaded, and there was a bag containing two bushels and a half of oats, beans, and chaff—the oats and beans were bruised and in the sack.
JOHN TAYLOR (police-sergeant S 17.) Steed called me—I went to the stable—I saw Murphey in one stable, and the cart was coming out of the yard—Steed followed and stopped it—I came back to the stable, and saw Murphey and a man named Hatton—I said they must go to the station—they said "Why?"—I said something had gone away in the cart—Hatton said he knew nothing about it—in going to the station Murphey said Hatton knew nothing about it, that he gave the man the corn for his horse.
CHARLES FRANCIS . I am clerk to the London Conveyance Company—Murphey was in their employ—I knew Butler merely by his coming to the Company's yard for dung—on the 19th of May I gave Murphey three sacks of oats, beans, and chaff—this is one of the sacks—it is not the Company's sack, but was in their care—Murphey had no right to part with any of the provender.
Cross-examined by MR. PHILLIPS. Q. Whose cart had Butler? A. His master's, Mr. Way, and his horses too.
Cross-examined. Q. Is there any deed of partnership? A. I do not know—they are directors, and their names are in the license—they share the profits.
BUTLER— GUILTY . Aged 30.— Confined Three Months.
WILLIAM BOUSFIELD . I am agent for the sale of Guinness's stout—I served Mr. Rigg in Bromptonrow—George Osmont is in my service—it is his duty to deliver goods, and call for the empty bottles—on the 30th of April I sent him to Mr. Rigg's for some bottles—when he came back then were ten dozen missing—this basket (looking at it) is my property, bull cannot identify the bottles.
GEORGE OSMONT . I was sent to call for these bottles at Bromptonrow—the prisoner who was a stranger, introduced himself to me in going along the Strand—I had a truck and he offered to assist me, and did so, when I got to Brompton-row I untied the basket—he took it in—I told the servant I would call for the bottles when I returned—when I called I heard some one had been for the bottles—this is the basket I left for them—it is my master's—I did not authorise him to go and get the bottles.
Cross-examined by MR. PHILLIPS. Q. Is this all that passed between you and the prisoner? A. Yes, I was in two public-houses drinking with him—I treated him—I paid 4d. at one place, and 2d. at another—he asked if I could give him a drop of beer, and I did it to recompense him for assist-ing me—I was not able to draw the truck myself—I did not desire him to do any thing with these empty bottles—I said if I had time I would meet him at another public-house opposite Brompton-row—a friend of the prisoner's joined us, but he soon left us.
HARRIET PIKE . I was servant at Brompton-row—Osmont called and said he should call for some empty bottles—the prisoner was with him—he heard what Osmont said—he left a basket and went away with the prisoner—the prisoner called before Osmont did, and said he had called for the bottles—he put them into the basket and went away with them—thought he had a right to take them, seeing him with Osmont.
Cross-examined. Q. Had you known him at all? A. I had seen him before and bought bottles of him half-a-dozen times—I did not know where he lived.
(The prisoner put in a long written defence stating that the witness had authorised him to go and get the bottles, and do what he could with them.)
(The prisoner received a good character.)
GUILTY . Aged 60.— Confined Six Months.
THOMAS BARTLETT . On Friday, the 21st of May, as the Queen was going to the drawing-room, I was in the Park in plain clothes, by order of the Commissioners—I saw the two prisoners in company—I watched them about twenty minutes—they felt several gentlemen's pockets—at last they stopped behind the prosecutor—I watched them a few minutes, and saw Moody put his hand into Mr. Mott's pocket and draw this handkerchief—I took it from him, and seized him—my brother officer seized Evans.
Cross-examined by MR. PAYNE. Q. How near were you to the prisoners? A. About three feet from them when the rush took place—was close to them—I have made inquiries and found Moody's friends to be ill respectable.
Cross-examined by MR. DOANE. Q. The rush was not caused by the prisoners? A. No—I am sure they were both trying pockets—I can swear that Evans did—they were pushed against persons, but I did not take them, because I thought it best to detect them.
CHARLES WYKES (police-constable K 253.) I was there in plain clothes—I saw the two prisoners together, and watched them about twenty minutes—I saw them attempt several gentlemen's pockets—Evans felt a gentleman's pocket close to him, and the gentleman said, "I shall get out of this"—I saw the handkerchief in Moody's hand when Bartlett took him.
(The prisoners received good characters.)
MOODY— GUILTY . Aged 18.
EVANS— GUILTY . Aged 17.
Recommended to mercy.— Confined Three Months.
JAMES GINDER . I am coachman to George Martin, Esq.—at a quarter after nine o'clock in the evening of the 13th of May, I was driving the carriage in Regent-street—I observed by the shadow of a lamp a lad hung on the foot-board behind the carriage—I was driving on at the time at a walking pace—I drew the carriage alongside the curb-stone to get off to see what he was doing, and he got off—I drove on and he followed the carriage close again—I stopped again and told him if he did not make off, should apply the whip to him—I drove on to Frederick mews, and when got there I missed the check-brace from behind the carriage—I went down Portland-place, and met the prisoner coming into Langham-place—accused him of having the check-brace—I gave him in charge, and found this brace on him—it is my master's.
brace—I found this other brace round the prisoner's middle, under his waistcoat, and four other smaller ones.
(William Huntsman, slater; and Thomas Madgin, gave the prisoners good character.)
GUILTY . Aged 15.— Transported for Seven Years.—Convict Ship.
JOHN GARDINER . I am journeyman to William Trew. I was out with his bread on the 18th of May—there was one 4lb. loaf in my basket a Devonshire-place, the prisoner came, stole a loaf out of my basket, and ran away with it—I did not know him before.
JOHN BLAKE . I was a policeman at that time. I took the prisoner—I said, "You are the lad that stole a loaf;" he said, "I have not seen one to-day"—I took him to the station—he said if the baker would say no more about it he would pay for it.
GUILTY . Aged 19.— Confined Three Months.
LUCY ELLIOTT re-examined. The prisoner did not account to me for 1s. 2 1/2 d. received from Mrs. Moore—when I asked him for it, he said she had not paid it, she would call and pay me—he had 3s. 6d. a week, and generally something for himself.
Prisoner's Defence. If Mrs. Moore paid me, of which I have on recollection, I gave it to my mistress or one of her sisters. Witness. I made a discovery of other moneys—I sent for his mother—she came and took him away—all that he has said is false.
GUILTY . Aged 15.— Confined Six Days, and Whipped.
OLD COURT.—Thursday, June 17th, 1841.
Second Jury, before Mr. Sergeant Arabin.
1600. ELIZABETH M'COLOUGH was indicted for stealing, on the 2nd of June, at St. Luke, Chelsea, 13 yards of velvet, value 4l. 15s.; 27 rows of beads, value 7s.; 3 head-ornaments, value 12s.; 1 collar, value 8s.; 1 feather, value 6s.; 1 pair of socks, value 9d.; 4 handkerchiefs, value 4s.; 3 girdles, value 7s.; 28 tassels, value 12s.; 1 hair-brush, value 3s.; 24 yards of silk cord, value 3s.; 3 pairs of stockings, value 3s.; 1 pair of bracelets, value 5s.; 1 watch, value 2l. 10s.; 1 watch-guard, value 4s.; 1 seal, value 4s.; 1 watch-key, value 3s.; 3 rings, value 1l.; 1 bonnet, value 14s.; and 33 sovereigns; the property of Henry Meeking, her master, in his dwelling-house:—Also, for stealing, on the 14th of May. 1 spoon, value St., the goods of Osborn Fothergill; to both of which she pleaded
GUILTY . Aged 17— Transported for Ten Years.
1601. RICHARD ROBINS was indicted for burglariously breaking and entering the dwelling-house of James Thos. Daniel Watson, about the hour of eleven in the night of the 29th of May, at St. Martin-in-the-Fields, with intent to steal, and stealing therein, 2 coats, value 3l.; 1 jacket, value 10s.; 2 pain of trowsers, value 1l. 5s.; 2 waistcoats, value 1l. 15s.; and 1 pair of breeches, value 10s.; his goods.
GUILTY . Aged 17.— Transported for Ten Years.—Convict Ship.
1602. WILLIAM HENRY BRUNT was indicted for feloniously breaking and entering the dwelling-house of John Grace, and stealing therein, 1 blanket, value 6s.; 1 pair of trowsen, value 5s.; I frock, value 2s.; 2 handkerchiefs, value 1s.; and 1 knife, value 6d.; the goods of William Henry Stevens; to which he pleaded
GUILTY . * Aged 21.— Transported for Ten Years.
GUILTY . Aged 24.— Confined Four Days.
GUILTY . Aged 17.— Confined Three Months.
1605. THOMAS JONES and JONATHAN WISE were indicted for stealing, on the 11th of May, 1 box, value 3s.; 3lbs. weight of candied lemon-peel, value 5s. 9d.; 3lbs. weight of carrawmy comfits, value 7s.; 1lb. weight of gelatin, value 7s.; 7lbs. weight of almonds, value 7s.; 10lbs. weight of lounges, value 11s.; 26lbs. weight of figs, value 11s.; I and 10lbs. weight of plums, value 8s.; the goods of Vincent Bowler.
JOHN HANSLOW . I am a policeman. On Tuesday night, about twelve o'clock, I was on duty, and saw the prisoners at Old Brentford—I saw a carrier's cart pass, and saw Jones get on the shaft of the cart—Wise was close to him, and in conversation with him—I thought they belonged to the cart, and left—in about three quarters of an hour I saw Jones, and Wise about thirty yards behind him, coming in a direction from the cart—they said, "Good night;" and seeing they could not be the carriers, I fol-lowed and overtook Jones—I said, "What have you under your smock-frock?"—he said, "I have a pound of tea,"—producing the parcel)—I said, "Where did you get it?"—he said, "I bought it at Isleworth"—I said, "That cannot be, I saw you at Brentford; you are my prisoner"—he resisted very much—we had a scuffle—Wise came up—I said, "You know me, and perhaps will take this parcel for me"—he said he would—I did that to keep him till I met the sergeant, and then gave him in charge—I found the parcel was gelatins—I went on to Hounslow, and found Bowler, who looked into his cart, and missed a box directed to Mr. Stubbs, of Henley—he returned to
Brentford, and about five o'clock in the morning the box was found in a meadow close to the Thames, broken open, ready to be taken away in a boat, and all the packages opened to see what was in them.
VINCENT BOWLER . I am a carrier from Wantage to Henley and London. I was coming from London, and had the box produced in my cart—I sometimes get into my cart, but do not know that I was asleep that night—the box was safe at Turnham-green.
WILLIAM AKERS . I am in the employ of Mr. Burrows, wholesale confectioner. I packed up this box, and sent it to the Rose Inn, Farringdon-street, to go to Henley—this is the box, and I put this gelatine into it—here is my mark on it.
Wise. Q. Did I not come in alone? A. I do not know, but you were both there.
JONES*— GUILTY . Aged 22.
WISE*— GUILTY . Aged 31.
Transported for Seven Years.
Before Lord Chief Justice Tindal.
MR. PHILLIPS conducted the Prosecution.
WILLIAM MOSS . I am an attorney. I know the prisoner—I first became acquainted with him in 1827 or 1828—he told me he was a tailor and draper—I discounted bills for him—I received the bill in question, on Mr. Poulton, from him in February last—he had repeatedly given me bills drawn by Mr. Poulton before, which I discounted—in 1838, when he brought the first bill, he represented Poulton to be a gentleman out of business, of independent property, residing at Staines-row, Hounslow—he produced Mr. Poulton's card to me in 1838—this is it—(read, "Mr. Ben-jamin Wheeler Poulton, Stames-row, Hounslow")—I desired him to make inquiry about Poulton, as to whether the bill he brought me was in Mr. Poulton's hand-writing—that was the first bill—he was to go to Stainesrow to inquire—he promised to go—he returned, and brought me this card with the writing on the back of it—he was absent too short a time to go there, and I told him he had been too short a time to go to Staines-row—he said it was too short a time, but he met the gentleman at Morley's Hotel Charing-cross—I discounted that bill and others, and the one in question—I have had them repeatedly since that—I discounted this 80l. bill on the faith of that—the other bills were paid, I do not know who by—I have some which are not paid, but a number of them were paid—in the course of our transactions, he said he received the bills from John Fletcher, who was a man of considerable property, and had a considerable connexion among tailors at the west end of the town—I requested to be introduced to Fletcher, and have his address—he objected to that, saying, "If you and him come together you will do your business without me, and I
shall lose my commission"—I acquiesced in that objection—this bill was not paid—he once told me Fletcher lived at No. 22, Old Burlington-street—I have made inquiry there, and cannot find him—my clerk was present when he mentioned Fletcher's address to me.
Cross-examined by MR. CLARKSON. Q. Your clerk and somebody else were present? A. Yes—that was not by arrangement—the conversation about Fletcher was in 1838, on the first of these bills coming to me, I can-not say in what month—I think it was in May or April—(the other person who was present at the conversation is not here—he was obliged to go out of town)—I never forgot the conversation—it has always been the subject of conversation—the conversation about Fletcher had reference to all the bills—I was before the Magistrate respecting two other bills on which I have indicted the prisoner—this is the first time I ever swore any thing about Fletcher—my acquaintance with the prisoner originated in being employed by him professionally at the time of his bankruptcy—he has a wife and five children—I acted as his attorney, to get his certificate—I do not know what his estate paid—I do not think it paid any thing.
Q. Was he in desperate circumstances at the time you bad transactions with him? A. I had no means of knowing—I believe he was—our dealing in bills commenced in 1838—I own some property at Norwood, and contemplated a speculation in building on it in 1838—I did not send to the prisoner in 1888, and desire to have a confidential conversation with him—I do not recollect any thing of the kind—I think I can swear I did not—I will swear it—I believe nothing of the sort passed—certainly not respecting that property—I do not think I sent to him desiring to have a confidential conversation with him—I should hardly like to swear it at this distance of time, but I have no recollection of any thing of the sort, and do not know of any thing that would lead to it—I have been an attorney thirteen or fourteen years—the prisoner called on me for the first time about bills in 1838—I have not bad bills from him in the course of two years to the amount of 30,000l. I should think it was about half that—I think I can swear I have not had 20,000l.—I will swear it—I have not cast it up—I will swear I have not had 25,000l.
Q. When he came to you, in 1838, did you communicate to him that you had some houses and land at Norwood, and if he could raise any money by way of bills, to enable you to build on it, you thought you could make a good thing of it? A. No, certainly not—I told him I had some property there I wished to sell, if he could raise enough money to purchase it—I do not recollect Very distinctly when this was, but I think it was about 1838—I do not know the month, nor part of the year—it was a mere casual conversation—I told him it was not the sort of property that could answer my purpose—they were small houses, and if he could borrow any money on them, they might possibly answer his purpose—he made several attempts—I did not tell him he might raise money on billa, I swear that positively—I said nothing about bills in reference to this matter—I never dreamed of such a thing as bills—I did not say I wished to build larger houses—there was not room—I saw him several times in 1838—I was not on the most intimate terms with him—I knew him as a person trying to get his living—he applied to me to endeavour to get him a situ-ation—he was not in desperate circumstances, to my knowledge—I did not know his circumstances were very bad—I did not believe they were good—I thought he was getting his living—he had applied about a year
before to me, to get him a situation—I wrote to a friend in the North, to use his influence to get him appointed a coal-metre—the proposition I made the prisoner was under consideration some time, and he advertised, I believe—I do not recollect his saying he would consider of it till next morning—the first bill I took of his was about the 20th of February, 1838—(referring to his bill-book)—I made this entry about that time—before I paid it away—I discounted this bill.
Q. Of all the bills you ever had in your life from him, and which you will not swear amounted to 20,000l., tell me how you discounted any one of them? A. By cheques and by cash—the one I now prosecute on, was one of a lot, amounting to 280l.—I gave cheques and other bills for it, which would be due at the same time, and the discount.
COURT. Q. You gave him cheques, to what amount? A. This was, I think, by bills alone—other bills.
MR. CLARKSON. Q. You said some bills, some cheques, and some cash? A. Yes, that was the usual way, but from my memorandum I gave him other bills—one on James for 75l., one on Banks, for 70l., one on Adams, for 80l., one on Esther, for 50l.—they were all due about that time—this entry in the bill-book was made about that time—I should probably do it immediately after, but I will not swear that I did—there was a bonus of 45l. to me on the transaction.
Q. How do you account for giving him 328l., which appears in this entry for 280l.? A. You will see the balance is carried forward against him to-wards the next transaction—I have no book of our transactions in 1840, except the bill-book—I kept it merely on the bills—James's bill was on just due, and probably not due—I will not swear it was not overdue, nor Banks's—I think they were just about coining due—(referring to his book)—Jame's was due on the 27th of January—I cannot exactly say the day I gave then to him—I received the bills from him on the 6th of February—I think the bills would be given up about the day they were due—they were not all over due—they were given to him to be presented at the time they became due, as he said very often they were sent down to by the drawers to provide for the bills on a sudden emergency, and it was very convenient to his employer, Mr. Fletcher, to have the bills to present—I gave him a consideration for the bills he brought—generally speaking, it must have been cheques, not over-due bills—I gave him the bills for the 280l., either the day or before they were due—they were not all due the same day—the transaction was in February, but I did not receive these bills in return at the time the others were given up—I gave him the bills I have mentioned for the 280l. bills—I gave them to him in January—when that bill became due, in January, I gave it to him—when I gave him up a bill, I put it down—it sometimes went on for several weeks, before I got any others back for what I had given him up—he said it was the same to them as cash.
Q. You stated you had discounted that bill; on your oath, is there a syllable of truth in that? Did you pay a single farthing for it? A. gave him bills previously—I did not give him a farthing at that time.
Q. Did you not long before that, agree to allow him a commission of 2l. per cent, on any thing he could bring you, on which you could raise money? A. No, not that I could raise money on—I paid him a commission for his trouble—he said he got another commission from his employer—I
paid him about 2l. per cent.—it varied—I did not at the commence-ment agree to give him 2l. per cent.—he used to get as much as he could—I sometimes gave him 5l.—nearly the whole of these cheques (pro-ducing some) are for money he had.
Q. Look at them, and tell the Jury any time you will swear that in discounting hills, you gave him money, and what yon gave him? A. On the 23rd of May, 1838, I gave him a cheque for 23l. 15s., for a bill in the name of Mr. Gill, for 55l.—I do not think I had any bills of his then over-due (referring to his book)—I see on the same day there was a bill for 20l. due, drawn by John Williams, on Thomas Williams of Dover—that bill laid at my banker's—I do not know who took it up—I did not—I did not give him that cheque to take up that bill, on my oath—I never have done so—he has borrowed cheques of me, but I never discounted a bill to enable him to meet others—I never gave him cheques to take to the banker's, to take up bills over-due and unpaid with "no such person," or "not known," or "no such account" written on them.
Q. Will you swear that positively? A. I do not believe I ever did such a thing—I swear I have not done it a hundred times, nor fifty—I think I can swear I have not done it twenty times—he may in several instances have borrowed cheques when he said they were pressed.
COURT. Q. But the question is, whether some of the cheques you gave him were not to take up bills lying at the banker's unpaid? A. may have done so in a few instances.
MR. CLARKSON. Q. Will you swear you have not done it in twenty instances? A. I think so—I should not like to swear so minutely, nor to twenty-five—I will swear there have not been thirty—not that I have been aware of his using them for any such purposes—I have not done it to my knowledge, for bills laying over-due at bankers—the bankers have not to my knowledge refused to deliver bills up—I know no such thing as bankers refusing to deliver up bills to me, or on my account, with "no account" written on them, when I sent to pay them—I did not tell him in 1838, that if he brought me the bills, I would take care of him—I said nothing of the sort—I did not tell him I was going to build a terrace—I may have shown him the plan of one, as an ornamental piece of work—it was drawn by Mr. Barry, for the person of whom I purchased the land, Mr. Flasket, with whom I have had bill transactions—I should think they were not to the amount of 5000l.—it was not 10,000l.—I will not swear it was under 5000l.—I think my last transaction with Flasket was in 1838—I will not swear I have had none since—I think I had none in 1840, but cannot swear it without going through my book—there may have been one or two—I gave him 1000l. for the estate, in money, in 1833—he had three of the bills I took from the prisoner, I think in 1838—I may have paid him one or two more—he is a builder—I can scarcely tell the amount of my bill transactions in 1838—it was nothing like 50,000l.—it was very small in 1839—I had scarcely any bill transactions, except with the prisoner—I did not engage him for bill transactions at 2l. per cent—I think, in 1839, my bill transactions were not more than 5000l.—I swear they were not 10,000l.—I think they were under 5000l.—I swear they were not 6000l.—I think I can swear it—(looking at his book)—I never sent him in 1839 to the banker's to take up over-due bills—I might know of his going.
Q. Bills over-due and noted? A. Noted, probably—I do not recollect
any of Poulton's—there were not many of Poulton's in 1839, to my knowledge.
Q. Will you swear you do not know of many of Poulton's bills, in 1839, being over-due and unpaid, either drawn, accepted, or supposed to be accepted by Poulton? A. Unless it was by arrangement to be renewed, I do not know of their being over-due and unpaid, except by arrangement they should be renewed—I have three or four over-due bills of Poulton's in my possession—I have none in the hands of a relation, except my brother—he does not hold any of Poulton's—he held, at the time the prisoner absconded, nearly 500l. altogether, which I had received of the prisoner, and now has nearly that amount—he does not hold more—I have a great quantity here—(producing forty-seven)—these are all have, except the three indicted on—there may be perhaps twenty more, not in my possession—I swear there are not fifty—the prisoner did not call to request me to find money to take up any of these bills—he used to call on me to supply him with money, and if I said, "Do you want this to meet such and such bills?" he used to laugh at me, an I say, "No such thing you are always suspecting"—he has borrowed small amounts.
Q. Did he call on you for money to take up bills, and you tell him you had not a fraction in the world, and give him your watch, chain and seals to raise money on? A. Not to raise money on—I had told him I wished to sell my watch—I think that was this year—I do not think I had overdue bills in my hands at that time—I swear I had not fifty—I several times talked to him about selling my watch—he bid me a price for it—he then pressed for his commission, which had got in arrear—he said he could not live without his commission—I asked if he would like the watch at such a price—I might tell him I was short of money—I do not think I told him I had none—I will not swear it—I will not swear I had no over-due bills at that time—there might be one or two—the prisoner went abroad on the 19th of February—I did not give him money to go—the last cheque I gave him was in exchange for another he brought—that was on the 17th of February—I gave him two cheques, amounting to 76l. 10s. together—I did not at that time give him a letter to Mr. Cooper, of Baldwin's-court—I may have given him one once, as he used to go for me to different persons—I think I sent him, shortly before he went abroad, to Cooper, to know if he could cash me some bills—I did not recollect it before—I had a letter from the prisoner on the day he went abroad—I did not tell him to write it—on the contrary, I was much surprised at receiving it—Mr. Cooper did not come to me, in answer to a letter to come, and give me 100l.—I went down to him; he gave me 100l., which I handed to the prisoner—I did not tell him to pay as much of it as he could into Williams and Co., of Birch in-lane, my bankers, and keep the rest himself—this was on the 12th of February—if you will allow me to read a letter from the prisoner it will account for this—I gave him the 100l. on the same account as he had all the rest, for which I was to have bills—he did not tell me of his going abroad, I swear I did not know it—I received a note without any signature, but which I believe to be his writing—the post-mark is the 6th of April—that was the first I heard from him—I saw a letter before that from him to his wife—I think it was on the day I had a person watching at his house—it was in March, I think—the post-mark was "Paris, 25th March."
Q. This letter is dated the 12th of February, were you not then in a most desperate state? A. No, I thought I was in a very good state
because I thought the bills I held were all good, which were all I hold now, except some which have come back to me—the bills I had in hand at the time he went, amounted to nearly 2,000l.—I believe the body of Mr. Poulton's bill to be in the handwriting of the prisoner—I did not state before the Magistrate I believed the whole of it to be his writing—I did not desire him to get a letter from Fletcher, to produce to the person from whom I got money for the bills, to show there was a prospect of get-ting the money—the body of this bill (looking as one) is very much like his handwriting—I believe it to be his—he seems to have the facility of varying his handwriting a good deal—I should not like to swear it—the body of several of the forty-seven bills here appear to be his handwriting—I never built the terrace, nor did any body else—I think I was ill with a cold, or something, in the Spring of last year—the prisoner came to me, I think.
Q. How many cheques did you give him on that occasion, did you give him at least ten? A. Certainly not—(looking at a cheque-book)—this is not the book—this cheque-book ends on the 17th of February—I never drew a cheque after that—I stopped the account at my banker's.
Q. Look at the margin of the book, is there not, in your own handwriting, many of these cheques, denoting that they were given to the prisoner to take up over-due bills? A. No, it is a mistake—these pencil-marks do not relate to any thing of the sort—here is, "Lent Smith, to pay Brown's bill, 60l."—I know Brown of Sunderland, he is a friend of mine, but it is not his bill—he may have had 1000l. worth of bills of Brown of Sunderland—I cannot say whether he has had more—I will not swear that he has not had twice or thrice as much—I should not like to swear, without casting it up—I expect this Brown is one of the parties to a bill—the entry relates to a bill I received of the prisoner—I think I have found it—I think it was the last bill Brown of Sunderland had from me—I find it was Brown of Sunderland—I do not think Brown of Sunderland had as much as 3,000l. of these bull.
Q. Take the cheque-book, and turn to the 24th, the same day, and see if you do not find on a margin, "to Smith to take up bills due on the 17th? A. Yes, "40s., Smith to take up bill"—the * is scratched out, as it was a mistake—it was done at the time, I believe.
Q. You swore you never gave him money to take up bills over-due, to your knowledge? A. Except by an arrangement, I said, which was that I was to have other bills from him—that is the mode by which I dealt with him all through—I did not give him money to take up bills in every instance, nor in multitudes of instances—not 100—it is difficult to swear, unless I kept an account.
Q. Do you recollect swearing, the only time you gave him money to take up over-due bills, was, when they were to be renewed? A. Yes, by this sort of arrangement, if I gave him a cheque, it did not matter whether a bill was due, or would be due shortly, if I put the cheque down to the account—I was to have other bills for it.
Q. This was seven days after the bill was due—on your oath, we there not written on that bill "The acceptor not known—no orders"—the bill noted lying in the hands of the banker? A. Very likely—he ac-counted for it by saying they were bills drawn by tailors on their custom-ers, many of them fashionable young men, at the West-end of the town, who did not care making bills payable at bankers, though they might not hare an account there—I never in any one instance made inquiry to ascertain
whether there were such persons in existence as the acceptors, nor did I go to the persons themselves—he made inquiries, and always assured me they were perfectly safe—he was in the house of Bed ward and Co,—he said he had been with hills from that house—he knew the parties, and knew them to be safe—I did not go to Bedward and Co.—I depended on his statement—I cannot swear the whole of this page in my bill-book was not written at one time, nor whether the next was not written at the same time as the other—the bills were entered about the time I received them—the entries are in my handwriting—I cannot say it was written on the precise day it bears date—it has been written at different times—I may have entered, perhaps, two pages at once, not more—it is all the same ink—I copied it from the bills—the dates are the dates of the bills—I have not filled up the column headed, "When received"—Mr. Lowry sometime had 400l. or 500l. worth of bills at a time—he held about 600l. worth at the time the prisoner left—Hunt held between 200l. and 300l.—Cooper held two of 80l. each, which are all over-due now—they were over-due in May last—there are none now which were over-due in 1840—those were either paid or returned to the prisoner before he left—Williams, a winemerchant, held about 300l. worth—I do not think he had thousands of pounds worth altogether—I do not think Wharton, of St. Katherine's Dock, had so muck as 3000l. or 4000l.—there are two now at Williams and Co., my bankers—I have not had any transactions with them since the 17th of February—they have had nothing in their hands but the two over-due bills—I believe there was a cheque sent in on the 18th—the two bills they hold have overdrawn the account by 140l.—I had lent the prisoner several cheques at the time I stopped the account—there was one of 80l. which went in on the 18th.
Q. At the time you discontinued the account, was he in possession of cheques to the amount of 470l., when you had nothing to pay them? A. He had borrowed them before, which he repeatedly did, and has brought me back the cheques, or found the money to meet them—he said it made no difference to Mr. Fletcher—he does not hold 470l. worth of dishonoured cheques now, as one was paid—I paid 50l. in immediately—an action has been brought against me for the dishonoured cheques—the 470l. worth of cheques had nothing to do with this bill of Poulton's—they were lent to accommodate him and Mr. Fletcher—I never saw Fletcher—I asked tow him several times on the commencement of the transaction—I always said how should I find Mr. Fletcher, in case of any thing happening to him, in case of illness, death, or any thing—he said, his wife had Mr. Fletchers address, when I wanted it.
Q. And you mean to represent having had about 20,000l. worth of bills negotiated by him, when he said his wife had Fletcher's address, you never asked for it till after he absconded? A. No—the bills were regularly met—I sometimes gave cheques to take them up—if he makes an arrangement with me, if he pays them, he regularly meets them—he said they were to be met for the accommodation of the acceptor, who had made a communication to the drawer, and the drawer to Fletcher, through whom they were discounted—the whole of this cheque-book almost is filled with cheques given him for bills discounted—he denied that they were to take up bills—he always said, "We want money."
Q. How was he getting his living? A. I understood he was a good deal engaged by Fletcher—he said he got something from him, and he was buying and selling on his own account, I believe—he never dined with
me—he has often come to the house I dined at in Moorgate-street to see me about bills and transactions, and sometimes he used to take something—I sometimes paid for it, not always—he only took a little pudding, or something—he came down to my father-in-law's, to me, and had something to eat, but not to dinner—it was in the morning—I was sitting down with him—I do not recollect eating with him—I have given him post-dated cheques, several—I think not a hundred—I should not like to swear minutely—he pressed me for post-dated cheques very much—he was very pressing for money, and if I had none, he would say, "It will make no difference to you, the cheques will lie in the hands of a friend of Fletcher's, who will lend him the money, and before they are due, you shall have the cheque hack," and I got them back—the 470l. happened to be out at the time he absconded—I have not given him a dozen cheques at a time post-dated, nor six, I should think, but will not swear it—he has had three or four at a time, with different dates—that was a general thing—I know one Maltby by sight, as being in the employ of a person where the prisoner used to frequent—I never employed Maltby to take up overdue bills—I never gave him any, nor ever saw the prisoner give him any hills or cheques by my direction—I think on one occasion I understood he went to take up a bill, but not for me—it was for the prisoner—I think it was at my bankers', but do not very distinctly recollect it—it is some time ago—he did not come back and tell me the bankers would not part with the bill, because they suspected there was something wrong—i be-lieve he got the bill—I will not swear it; as it is some time ago—I do not recollect writing to the bankers and getting the bill.
Q. You swear he did not go there for you—on your oath did not you furnish him with your own hand-writing to get the bill? A. I have given the prisoner a note—I will not swear I did not give Maltby one—I was practising as an attorney all this time.
Q. How long ago is it that you sent Maltby? A. About a year ago—I do not recollect now whose bill it was—whether it was Poulton's—I will I not swear it was not—the bankers never sent to complain of my taking a liberty in making use of their names, by making bills payable there—I never heard of it till now—my own bankers, Williams and Deacon, did not do so—I gave the prisoner a note on one or two occasions—I have some indistinct recollection now of sending Maltby with a note—I will not swear I did not afterwards send him with the money to take up a bill—I do not recollect it-actions have been brought against me not he cheques, and on one bill—communicated that to the prisoner's wife—he was abroad, I think—he did not come to my office till May—the action had commenced after he left—he catne to my office about a month after I sent to him, but I have no dates when he came to the office I knew the bills were forged—I felt some difficulty about giving him into custody—I did not like the idea of a prosecution against a man with five children, and I also thought his evidence might have been useful to me, I did not think it would be useful to the plaintiff—I was taken very much by surprise—I had no idea of his coming, and he promised to come again the following evening—my clerk was not in the room when he first came—he came in a few minutes—I saw him in my private office—I did not shut the door, and desire him to lock it—I knew where his wife lived at the time—he staid about half an hour—I will wear it was not more than an hour—I do not think he staid an hour—I did not send to his wife afterwards to see if he was there—he said he would
come next day—he wrote to me afterwards, and I wrote to him—I know Hunt, to whom he owed 30l.—Mr. Watson is Hunt's attorney—I would not be the attorney—when the prisoner came again, I had got Forresteru officer—there was not a Sheriff's officer in my office—he was in a picture shop opposite—I did not put him there—I knew of his being there—I ranged that he should be waiting there.
Q. On your oath, did not you write him a letter to deceive him, to get him to come to you? A. No—I applied to him to come in order that he might give evidence to clear me in the action—Hunt complained to toe about the 30l.—we thought the prisoner must have money, and if arrested first by the Sheriff, he would probably pay him the amount—Hunt was very much annoyed at his obtaining the money as he did previous to his absconding, and when I had made up my mind, under advice of my friend, to forego the evidence in the action, and to prosecute him, that was ar-ranged to get him there—he had called on me on a Monday, and wrote to say he would be there on the Monday afterwards, and was taken—I ap-plied to Forrester to take him without a warrant, but he did not like—he had not borrowed the cheques of me for himself, but for Fletcher—I be-lived he said all.
Q. Have you the smallest means in the world to take up any of the bins you have negotiated? A. Yes, I have—I shall have the means of meeting them in a little time—I have some freehold land at Norwood, which I purchased in 1832, but must sell it before I can get the money—I have book debts to about 1000l.—there are about 2000l. out now, including what I hold—I have given my own note for some of them, and in some cases, bills—I have contracted to sell the property at Norwood—there is a mortgage on it—on that, and some land at Holloway, I have had 1000l.—did not give any money for the houses at Norwood—that transaction was also with Flasket—I do not know what is called the Swindlers' List—I do not think I ever saw one—my attention has never been called to it—I have heard of such a list, but not for several years—I do not know whether Flasket's name is on it.
MR. PHILLIPS. Q. You received this note from the prisoner, in consequence of which you let him have money? A. Yes—it purports to be signed by Fletcher—(read.)
"Feb. 12, 1841. My dear Sir,—I must beg of you to render me every assistance at this moment, the screw being hard on, as they call it. I will positively let you have in a few weeks several hundred pounds. Pray do any thing Smith can suggest, for he is a good manager in necessity. Fear not, all shall be right. I will keep my promise. Dear Sir, Yours truly, JNO. FLETCHER."
"Smith requested I would not give my residence, and perhaps it is so best not, for us both, unless you request it. He is ignorant of the contents."
Witness. I wrote Fletcher an answer—I have since got upwards of sixty bills from the prisoner which I discovered to be forged, I think, sixty-four—he absconded on the 19th of February—I had not the least idea he was going to France—I received a note from him purporting to be dated 19th of February—this is it—it is his hand-writing—(read.)
"The bill will be paid at the banker's. Dear Sir, I am going off to Kingston and Maidstone, and shall be with you in the morning at eleven o'clock, with at least 300l. If I do not succeed where I am going, I have the means to get it in the morning, but must not part with it till I fail where I am going. Yours, respectfully, C. SMITH. Feb. 19th, 1841."
Witness. I understand he went to France—I expected to see him according to that note on the 20th of February, hut did not see him till the 3rd of May, when he called—here is a letter dated the 17th of April, 1841, in his handwriting—(read.)
"April 17th, 1841. Mr. Moss.—Sir, It will he a great expense for any one to come to me—I am in the department of the Voges on the banks of the Moselle, and I do not understand what I am to do, from the paper my wife has sent me. If you will give my wife the amount it will cost me, I will meet any one you may please at Calais or Boulogne, and that will save you double the expense—it will cost me 4l.; at the same time you instruct me how to act—will you give me time, and I will pay you 5s. in the pound?—you will then be no loser. I should like to have your word upon this business. How soon do you want my affidavit? I could do business to a great advantage, if I could visit England, but not without, I regret much for the past. I trust I shall be able to repay; indeed if could get my business settled, I am sure I could. You will please to do till you can for me. My wife tells me you say that I am in England—what nonsense! because the paper is not French, I send you now some French paper that has not been made five minutes. I hope you will do something to settle my business; it rests entirely with you. What my poor wife and family will do, I know not.—Sir, yours respectfully, C. SMITH. "
Witness. I did not know he was gone to France, nor did I furnish him with money to go—he called on the 3rd of May—here is a letter I received on the 6th of May—it is his handwriting—(read.) "May 6th, 1841. Mr. Moss.—Sir, I must beg most respectfully to have a statement put before me, particularly if any of your friends are to be present at our next meeting to show this and also particu-larly how the sum of money or monies you hold in paper has accumulated, for I presumed neither Mr. Lowry nor the gentleman that was present, nor even Mr. Hickin knows. You must see that the enormous interest you charged makes the amount swell; for instance, take 200l. a month—and you have had more than this—We'll take it for 12 months—here is a profit of 2000l. This is the way I intend to explain, and some of my friends demand of me every particular. I must say, that when I left England, I had not one single sovereign of your money, or was it got in any way by or through your interest. Yours respectully, C, SMITH. "
"It will appear, and it does, from statements I have made out, that the whole of the bills you hold are interest. You know you have sometimes had 30l. for 120l. I can assure you I do not intend to keep out of the way. Write to me, and say when you wish to see me, and I will see, only on condition that you send me a statement of what we have done together, and I will come with some of my creditors and give you every particular."
MR. CLARKSON. Q. Is the letter last read an answer to one you wrote to the prisoner? A. Yes.
BENJAMIN WILLIAM POULTON . I am clerk to Messrs. Brandram, Brothers and Co., merchants—I am not the drawer of this bill, nor did I authorize any one to draw it, nor is the endorsement my writing—I did not know the prisoner—I think I have seen his face before, and it must have been at a cricket club—I did not see him at Morley's hotel—I never was there—the card produced is a genuine card of mine, and this is my writing on the back of it—I have not the slightest idea how it got into the
prisoner's hands—I do not know to what transaction it alludes—I have endeavoured to remember, but cannot—it does not refer to any transaction between me and the prisoner—(reading it)—" The bills drawn by me art for money lent, and are in my handwriting, B. W. Poulton. "
Cross-examined. Q. How long have you been in Brandram and Co.'s service? A. Since November last—before then I was living at Hammersmith, privately with my father, doing nothing.
MR. PHILLIPS. Q. Have you any idea whether you may have log this card? A. The only idea I have is, that it might have been gives about some bills, but lately I have not had any bill transactions—the last I think was in 1836—it may be later, but I cannot say exactly—I was not living at Hounslow at that time—it is the residence of my father—it is my card—my father's name is John—I was living with him occa-sionally then.
MR. CLARKSON. Q. What is your father? A. A private gentleman, living on his property, landed, leasehold, and funded—he does not deal in bills—he first lived in Staines-row—about fifteen years ago—he built on a piece of ground given him on the inclosure of Hounslow-beath, divided among the landholders of Middlesex—I have been a jobber on the Stockexchange—I have not waddled there—I left it about three years ago—I was not a member, but jobbed with members as well as others—I was there four or five years—I am married and have a family—my employers live in Size-lane—I have 100l. a year—I was once in Whitecross-street, and came out in 1837, I believe, but cannot exactly say the date—I do not know Mr. Moss—he sent down to my father's and presented the bills—I was eight or nine days in Whitecross-street—I was out on bail, and went through the Court about that time—it might be 1838 or 39—it was not last year—I have not been in prison since—my father took me out, and has kept me out—he is a man of fortune.
Q. Have you ever been committed to prison for any offence? A. Yes—Mr. Woolf had the case—it was a case of indiscretion—I have not been in prison for debt since I was bailed out—not for any thing else—I have been in prison twice in my life, only twice—I will swear to only thrice—I was at High-street once, many years ago, for an assault case—I have been twice in prison for debt—the other has been for little follies—I do not know how often, but I have got into the station-house like many more—like yourself, perhaps.
JOHN WARWICK HICKEY . I am clerk to Mr. Moss. I saw the prisoner at Mr. Moss's office in May last—I heard him say that Mr. John Fletcher had gone to America, in the ship James, from the river Thames—Moss said he had been to No. 17, New Burlington-street, to inquire after Mr. John Fletcher—the prisoner said it was not New, but Old Bur-lington-street, and gave the number as I recollect 20, but I am not quite certain of the number—Mr. Swinburn, of the house of Rogers, Nephew, and Co., was present.
Cross-examined. Q. Is he a client of Moss's? A. He is a personal friend of Moss's—I do not think he was at the office half-a-dozen times while I was there, which has been ten years—I never saw a bill of his—I have seen some bills of Moss's.
Q. Are you the gentleman who found yourself at Child's banking-house in December last? A. I have been at Child's many times—I presented a bill there I think for Moss—I do not know whether it was one of the prisoner's bills.
Q. Did the clerk at the banking-house tell you it was all nonsense your coming there to present bills, they were forgeries, and you knew it? A. No—I do not recollect what he said—if the bill was produced, there would be the answer of the clerk on it—I do not think it was one of Poulton's bills, but will not swear it—he did not suggest it was forged—I think he said they had no account—I was not present above twenty minutes in May, when the prisoner came to Moss—I knew at that time that the bills were forged.
MR. PHILLIPS. Q. When did you first know from Mosa that be knew they were forgeries? A. I should think a very short time after the prisoner went out of the country—I will swear it was after he left.
(The bill was here read, dated the 3rd of February, 1841, drawn by B. W. Poulton on G. Edgerton, Orchard-street, Portman-square, accepted payable at Ransom and Co., at four months.)
NOT GUILTY .
(There were two other indictments against the prisoner upon which no evidence was offered.)
Before Mr. Justice Wightman.
1607. DAVID DOYLE was indicted for feloniously assaulting Ann Wade, on the 30th of May, putting her in corporal fear and danger of her life, and taking from her person and against her will, 1 shawl, value 15s.; and 1 collar, value 2s., her property; and immediately before, and at the time of the said robbery, feloniously beating, kicking, and using other personal violence to her.
ANN WADE . I am single, and live in Praed-street, Paddington. On the 31st of May, about three o'clock in the morning, I was going up the Wdgeware-road towards home, when the prisoner seized me by the arm and asked if I had any money—I said, "No,"—he then seized me by my other arm, threw me down, and attempted to strangle me, whilst he stole my shawl and collar, and ran away—I saw him put the shawl underneath his coat—I called out, "Police," and "Murder"—I got up and ran after him—he was stopped by the witness Morris—I went up and said, "That man has thrown me down, attempted to strangle me, and stolen my shawl and collar"—Morris seized the prisoner, took the shawl and collar from under-neath his coat, and gave them to me—I still called "Police," and one came—I told him what had happened—the prisoner had not gone away far from where he was stopped—Morris still had hold of him—the prisoner then said I had taken 2s. from him, and that he had given me some coffee—that is not true—I never saw him till he seized me—I gave the shawl and collar to the policeman.
Prisoner. When I met you I asked you for Cato-street, and you said you could show me the way. Witness. Never—I did not take you out of your way, nor hit you on the breast and ask if you had any money—my elbow was bruised when you threw me down.
JOHN MORRIS . I am a cabinet-maker. I lived in Harrow-road at the time in question—about three o'clock in the morning of the 31st of May, I was in John-street, Edgeware-road, proceeding home, and heard the scream of a female apparently in distress—I proceeded towards the sound, and on
my way I met the prisoner running in the direction of Cato-street, and within twenty yards of it—I saw the prosecutrix about forty yards off, running and calling after him—I stopped him, and held him till she came up—she told me he had taken her shawl and collar from her, and showed me her throat where his fingers had pressed her—there were marks of violence—I perceived a bulk under his coat, and took the shawl and collar from under it—I asked the prosecutrix if it was hers—she said it was—she immediately ran away calling "Police"—a person came up and said the woman had got her shawl, what did I want holding the man—there was no policeman there then, and I let him go—he did not go more than thirty or forty yards before he was stopped, and brought back by a policeman, and by that time the prosecutrix had come back with another policeman—the prisoner then said she had robbed him of 2l., or he had given her 2s. to tell him the way to Cato-street, or show him a lodging—she denied it, and said she was willing to be searched.
Prisoner. Q. Did not I tell you before the policeman came up, that she had taken 2s. from me? A. You might have repeated it twice, but it was all done in such a sudden manner, you were hardly a minute in my potsession—I never saw the prosecutrix before.
ROBERT HOARS . I am a policeman. I was on duty on the morning in question—I heard a cry of "Stop thief," and saw the prisoner run from Edgeware-road up Newnham street—I went up Molyneux-street, and met him full butt—he directly turned round to get away from me—I laid hold of him, and took him to the end of Newnham-street, where I met the pro-secutrix and Morris—the prosecutrix said, "That is the man that knocked me down, pinched me about the throat, and robbed me of my shawl and collar"—as I was taking him along the prisoner said, "The woman took 2s. from me—I don't know the laws of this country—I have only been three weeks from Ireland, but I thought I would have my money's worth"—the prosecutrix was not far off, and might have heard that, but I cannot say whether she did or not—she gave me this shawl and collar—I searched the prisoner at the station, and found on him a penny, two half-pence, a tee-totaller's medal, and two half bricks—I asked what he wanted with those, and he said, he had them if any Englishman attacked him, to give him a benefit—I saw marks on the prosecutrix's throat, and likewise on her arm when before the Magistrate, at half-past eleven the same morning.
Prisoner's Defence. I was going to Cato-street—I had been drinking, and being a stranger in this country, I could not find my way—I met the prosecutrix, and asked her to direct me to Cato-street—she said she would—she took me on some way, then tapped me on the breast, and asked if I had any money—I said I had 2s."—she said, "I will get you a lodging for 1s., and will sleep with you myself for another 1s."—she took the 2s., and ran away—I ran after her, laid hold of her, and took her shawl—I thought if I gave up the shawl to the policeman, I should have my 2s.—I had the bricks to protect myself, as I had been ill-used by some Englishmen.
GUILTY . Aged 26.— Confined Six Months.
Before Lord Chief Justice Tindal.
GUILTY . Aged 18.— Transported for Seven YearsRecommended to the Penitentiary. .
Before Mr. Justice Wightman.
1609. MAURICE MURPHY was indicted for feloniously assaulting, (together with a certain other person, whose name is unknown,) Thomas Evans, on the 18th of May, with intent to rob him, and stealing from his person and against his will, 1 half-crown, and 2 pence; and immediately before, at the time of, and after the said robbery, feloniously beating, striking, and using other personal violence to him.
THOMAS EVANS . I am a smith, and live in Charles-street, Drury-lane. On the 18th of May I was in company with a person named Sullivan, a Sbopmate of mine, at his lodging, the one-pair front of No. 18, Charles-street—we were having some supper—about one o'clock in the morning a person below called for a light—Sullivan told the person to come up and take one—the person came into the room, and lighted his candle—the prisoner and another followed behind him, and commenced ill-using me—they beat and kicked me—I fell down, and a half-crown and two penny pieces fell from my right hand waistcoat pocket on the floor—I was knocked down, and rendered insensible for about five minutes, the blows were so heavy, I was stunned—I bled a great deal—I have a cut on my eye now—when I came to, I saw the prisoner offer Sullivan two penny pieces, and say that was all he had picked up—Sullivan said he saw him pick up a half-crown—he said he did not, and had not got one about him—I had had a little drink, but was sober.
Prisoner. Q. Was I not up in Sullivan's room, and were we not all baring supper together? A. No—I saw you in the Still public-house that evening when I went in there along with Sullivan, as we were coming home—we had some drink there—you drank with us—we were not in there five minutes—we came out and left you there.
COURT. Q. Did you know the prisoner before? A. I had seen him before at a lodging-house in Charles-street—he is always lurking about there, along with other thieves.
JOHN SULLIVAN . I am a smith, and work along with Evans. I lodge at No. 18, Charles-street, Drury-lane, in the first floor. On the 18th of May we had been out together, and I invited him home to supper—about one o'clock in the morning I beard some one below calling for a light—I told them to come up and take one—the prisoner and another followed the person up who came for the light—they did not speak a word, but began to heat Evans—he fell down, and half a crown and some halfpence fell from his pocket—the prisoner came and offered to give me two penny pieces—I said 1 had seen him pick up a half-crown, which I had—the prisoner said "Jack, that is all I picked up"—he knew me by working in the neighbourhood—I told him to give me the half-crown—he said he had not one about him, and had not picked up one—I asked him to let me search him—he would not—I sent my wife for a policeman—Evans was insensible at the time, and could not speak—he was sitting by my bed-side—they blew the candle out twice, and tried to get out, but could not, as I have a curious fastening to my door, co that they could not open it—the policeman came in about ten minutes, and took him into custody—the the prisoner staid in the room all that time—he did not speak—he only kept walking about, and trying to get out at the door—when the policeman came up he had the money in his hand, and offered it to him—it was a half-crown, two shillings, and a half-penny—I believe he offered it to him as won as he came in, but I cannot rightly say—I was looking after my room
more than after him—he said that was all he had about him—Evans and I had been out together that evening—we left off work at half-past seven—we had been sitting in a public-house, and had three or four pints of stout—I only know the prisoner by seeing him about the streets—Evans and I went into another public-house, and there saw the prisoner—I did not drink with him, nor did I see Evans do so—the place was so full I could not see.
Prisoner. Q. Did you not invite me to toss with Evans for sixpenny-worth of rum? A. No—I said nothing about tossing—I did not invite you home—I knew your character too well—I knew the person that came up for the light—you did not strike me, nor did I strike you—I did not take up the bar that fastens my door, and say I would split you in two—I never said a word about striking you.
COURT. Q. What became of the other man? A. He got out when the door was opened for the policeman—I knew him also by walking about Drury-lane—I had not seen him at the public-house—I did not help Evans when he was struck, because if I bad, there are a lot of them about there that would have caught me next morning—they have done it before.
MARY SULLIVAN . I am the wife of last witness—I was with him and Evans at supper—I heard my husband direct some one to come up for a light—he knew the man that called for it—he had hardly been in a minute, when the prisoner and another flew in, and beat Evans shamefully—I stood on the threshold of the door and screamed out "Murder "two or three times—they did not strike my husband or me, only Evans—the money dropped out of Evans's pocket—I saw the prisoner pick up two penny pieces and a half-crown—he went to my husband with the two penny pieces, and said, "Jack, here is all I have picked up"—I said "You have picked up half a crown besides, I saw you do it"—he said, "It is false, I have not a farthing about me"—my husband sent me for a policeman, and fastened the door—when the policeman came, Evans gave the prisoner in charge—I saw the policeman find in his hand a half-crown, two shillings, and a half-penny—he did not offer it to the policeman—the policeman said he should search him—he then opened his hand, and the policeman took the money out of it—I did not see my husband strike the prisoner.
EDWARD RUSSELL (police-constable F 145.) I was called by Mrs. Sullivan, and went to the room—the door was shut, but Sullivan opened it—the prisoner was standing just against the door—the witnesses and two other persons were in the room—as soon as I got in I asked the prisoner whether he had got the money Evans accused him of stealing—he said he had not—all he had got in his hand was a half-crown, two shillings, and a half-penny—he said that money was his own—I did not hear Sullivan threaten the prisoner—he had the bar which fastened the door in his hand—he said he should not go out of the room—Evans was bleeding very much from the mouth and eye.
Prisoner's Defence. I had made a suit of clothes for a young man at a cook's shop in Drury-lane—I took them home, and he gave me two half-crowns—I went to a public-house to have a pint of beer and met Evans and Sullivan—Sullivan asked me to toss Evans for six-pence, which I did, and beat him twice—he then tossed, and I beat him of a pot of beer—Sullivan got into a row with the landlord, who was going to
give him in charge—I begged him not to do so, as he was a little in liquor—he then asked me home to supper—we bad supper, and I went and fetched a pot of porter—Evans and another of his shopmates then got fighting, and he dropped these penny pieces—I picked them up, and gave them to Sullivan—he said, "There is a half-crown"—I said, "He changed that at the Still public-house"—Evans said he did not know whether he had changed it or not—he asked me what money I had—I said I had 4s. 6 1/2 d.—he asked where I got it, and I told him—he said it was his, and gave me in charge.
GEORGE ROCKLIFFE . I am cook and cutter at an eating-house in Drury-lane—I have known the prisoner three or four years as a tailor—he has often worked for me. On the 18th of May, between eleven and twelve o'clock at night, he brought home some clothes he had made for me—he asked if I could pay him then, as he wanted the money in the morning, and I gave him two half-crowns—I borrowed one of my fellowservant, to save my going up stairs. NOT GUILTY .
First Jury, before Mr. Recorder.
GUILTY . Aged 17.— Confined Three Months.
1611. WILLIAM ARNOLD was indicted for stealing, on the 20th of May, at St. Paul, Covent-garden, 12 boxes, value 4s.; and 12lbs. weight of cigars, value 7l., the goods of Ralph Phillips, his master, in his dwelling-house.
RALPH PHILLIPS . I live in Bow-street, Covent-garden, in the parish of St. Paul—I rent the lower part of the house—the owner does not live in it—the prisoner was in my service—on the 19th of May, I sent him to order 12lbs. weight of cigars of Mr. Carlin, of Ludgate-street—I believe he returned, but I never saw him afterwards till he was in custody.
JOHN SERLE . I am in the service of William Henry Carlin. I supplied 12lbs. weight of cigars to the prisoner—he brought a note, which I have not here—he said, they were to be up there by ten o'clock on Thursday morning—he did not mention the quantity he wanted—I and Mr. Smith took 12lbs. weight of cigars to Mr. Phillips—I saw the prisoner there and a female servant—I delivered the cigars to him—he said his master was not up—Mr. Smith gave him the bill to take up to his master—I then came out, and Mr. Smith told me to go home.
WILLIAM SMITH . I am a hatter, and live in Roupel-street, Black-friars-road. On the 20th of May I went with Serle to the prosecutor's, with 12lbs. weight of cigars in twelve boxes, at ten o'clock in the morn-ing—they were given to the prisoner—I took a bill, which I gave him—he said Mr. Phillips was not in the way—I desired him to take them to Mr. Phillips—he came down again, and said Mr. Phillips would be up in half-an-hour—I said I had to go a little further, and would call again, which I did, and saw the female servant—I waited a few minutes—the prisoner had then gone and taken the cigars with him—7l. 4s. was the amount of the bill—that was the lowest selling price.
there, and saw the witness Serlc come there—I saw the prisoner tie the cigars up in a cloth, and bring them into the parlour—I do not know what he did with them—there is a private door from the parlour into the pas-sage, which leads into the street—I went out to get some soap, and when I returned, the prisoner was gone—I saw no more of him that day.
Prisoner. Q. Did you see me take any thing besides the cigars A. No.
JOHN LOWE . I am in the employ of the prosecutor's father, who lives at some wine rooms next door to his son. On the 20th of May I was is my master's room—the prisoner came and said, "John, will you come is and mind the shop for about five minutes while I run down to clare market—I shall not be gone longer"—I said, "Yes"—when I went into the shop the prisoner was standing in the bar—he went from the bar into the back parlour—I did not see any cigars—he came out of the side door.
WILLIAM HURCOMBE . I am waiter at Mr. Phillips's—I found the prisoner at the Globe public-house, Fish-street hill, on the Saturday after he went away—I told him Mr. Phillips had sent me to look for him—I told him I had orders to give him in custody for taking 12lbs. weight of cigars—he said he did take them, and that coming down Fleet-street, a man, whom he took to be an excise-officer, stopped him and took then from him, and he immediately ran away—I saw no policeman then, and did not give him in charge till next day.
HENRY HART (police-constable M 80.) On the 23rd of May, Hurcom be gave the prisoner into my custody—I questioned him as to the disposal of the goods—he admitted he had taken the goods, and said they had been taken away from him, as he was proceeding along Fleet-street, by some man who he supposed was a Custom-house officer—I found 2s. and some odd halfpence, a duplicate, and a key on him.
Prisoner's Defence. I lived with Mr. Phillips about twelve months ago—I formerly belonged to the steam-boats—I used to get brandy, and he sold it—I then left him, and he persuaded me to go back about two months afterwards—he said, if I did not leave he would go partners with me in smuggling, and I should have half the profits—I got several bottles of brandy, and we sold some in the bar—I got an order for these cigan—I took them in the morning, as I was desired, to the steam-boats, with half-a-gallon of brandy—I was stopped by a man, who I supposed was a Custom-house officer, by Temple-bar—he asked where I had got them—I said I bad bought them, and it was all right—he said he did not think so—we proceeded up Shire-lane, and I ran away—I met a policeman and told him about it—he said, I was very foolish to run away—I was going back—met the young man, who said, if my master saw me he would punch my head, for be did not believe I had lost the cigars, and that is the reason I did not go back.
RALPH PHILLIPS re-examined. The cigars were not for sale—I bought them for my brother—what the prisoner has said, is a perfect tissue of falsehood from beginning to end—I have the bill in my pocket made out in my own name—I never employed him to get any brandy—I took him into my service out of charity—he was an acquaintance of a lad of mine who I discharged for being tipsy—the prisoner stopped out two nights and I discharged him—I then picked up with one worse than him, and certainly asked the prisoner to return—he was paid by what he received from the customers—it is a coffee-house—he was waiter—I never agreed to go
laves with him in cigars—this is the first I have heard of it—he never was my partner in any shape or way—I never promised to give him half he profits, or had any idea of such a thing—he said at Bow-street that the cigars were taken from him by a Custom-house officer, and I went to the Custom-house, and to the Excise, and inquired, and no such seizure had been made—I did not threaten to punch his head.
Prisoner. Q. Did I take any thing else besides the cigars? A. Yes, stable-cloth—you did not take any brandy, that I am aware of—I never had any smuggled brandy in the house.
Prisoner. We did not do any business in the day-time—we opened! about four o'clock in the morning—it is a house for gay ladies. Witness. We certainly open very early in the morning for the market—it is open in the day-time.
GUILTY . Aged 20.— Confined One Year.
WALTER DAVIDSON . I live in Alfred-street, River-terrace, Islington. On the 21st of May, about one o'clock in the day, I was in the Park, and lost my handkerchief—my attention was called to it by a man, and it was shown to me—I was not conscious at the moment of its being taken—that now produced is it.
JOHN ARCHER (police-constable G 150.) On the 21st of May, between one and two o'clock, I was in the Park, in plain clothes, and saw the prisoner in company with another—I watched them, and saw them each, with another one, go behind several gentlemen, feeling their pockets—it was a drawing-room day—I followed them some distance—they went behind the prosecutor, one on each side of Ridgway, and Ridgway put his hand into the pocket, and took the handkerchief out—I took bold of him, took the handkerchief from his hand, and asked the prosecutor if it was his—he said it was—I secured Ridgway, Jupp took Harris, the other got away—Harris was close to Ridgway's left-hand at the time.
Cross-examined by MR. PAYNE. Q. Was there much of a crowd? A. They were all standing in a line, five or six deep—the prisoners stood nearly in the back line—I looked over their shoulders, and saw this—I find they both bear good characters.
JOSEPH JUPP (police-constable T 55.) I was in the Park, in plain clothes, and saw the prisoners in company with another boy, attempt se-veral pockets—I' watched them in company with Archer, and saw Ridg-way take the handkerchief from the prosecutor's pocket—I took Harris who was shooting backwards to go away—I saw them together for half an hour before—Harris was then in front—I saw him attempt several pockets.
Harris's Defence (written.)"Being in the habit of meeting John Ridgway and others, at play, I was enticed by them on the 21st of May last, to accompany them into the Park to see the guns fire, when to my surprise I was taken into custody for being an accomplice of the prisoner John Ridg-way, on the charge of stealing a pocket handkerchief."
(Harris received a good character.)
RIDGWAY— GUILTY . Aged 15.— Confined Six Months.
HARRIS— GUILTY . Aged 15.— Confined Three Months.
HENRY BUSCH . I am in the employ of Joseph Shroeder and another, sugar-refiners. On the 24th of May I delivered to Walks 100 loaves of sugar—I counted them—they were put into his cart—they were all num-bered 62.
THOMAS WILKS . I am carman to Thomas Fairclough. On the 24th of May, between two and three o'clock, I received one hundred loaves of sugar, at Mr. Shroeder's—I was to take it to Mr. Shillito, of Ducksfoot-lane, Upper Thames-street—I only delivered ninety-eight—I missed two—I had occasion to go along Great Prescott-street in my way, and recollect a man playing an organ in that street.
HARRIETT CONNELL . I am the wife of William Connell, a cigar-make in Prescott-street, Whitechapel. On the afternoon of the 24th of May, I recollect a man playing an organ in our street—I was in the Tenter-ground—my little girl ran into the street to hear the organ, and I went after her—I saw a cart, containing loaves of sugar, arid some one following it—it went towards the Minories—I saw a person with a sugar-loaf under his arm, about twelve yards from the cart, and when I went into the Tenterground I saw another lad, also with a loaf of sugar—I only saw their backs—they went across the Tenter-ground into Alie-street—I followed them into Alie-street.
SAMUEL CUSHWAY . I am a weaver, and live in King-street, Spitalfields. On the 24th of May, I was in Prescott-street, and saw a young man running with a loaf of sugar—he turned into the Tenter-ground—I afterwards saw the prisoner take up a loaf of sugar, and instantly go across the Tenter-ground—the two went together into Alie-street, across Alie-street, up Half Moon-passage, into Whitechapel, and down a street, leading to Goulstone-street—I there saw them put the loaves of sugar down—the prisoner pulled off his jacket, and the other his coat, and covered over them, and sat upon them—I passed, and looked very hard at them, so that I should know them—the other lad went away towards Pet-ticoat-lane—I looked for a policeman, who took the prisoner with the sugar.
JAMES SWINEY (police-constable H 80.) I was on duty in Wentworth-street. I went into Goulstone-street, and saw the prisoner sitting on two loaves of sugar—on my coming up, he went to the gate of a warehouse which was to let, and knocked, as if he wanted to get in—I asked if he was going to leave the sugar there—he said, "Yes"—I asked if he had a bill, or any thing—he said, "No"—I asked where he brought it from—he said, "Just up there"—I asked him the name of the party, he began to stammer, and said, "Mr. So and So"—I took him into custody, and on the way to the station, he said a man had given him a few halfpence to take care of them—I found two coats on the sugar.
HENRY BUSCH re-examined. These two loaves are numbered the same as the others, and are the same quality, and in the same sort of paper—I had delivered out some of the same number in the morning—they were all marked 62.
THOMAS WILKS re-examined. I had got about half a mile from Pres-cott-street when I missed them—I did not notice the marks on the loaves —they were papered the same as these—it was between three and four o'clock when I passed through Prescott-street.
Prisoner's Defence. I was coming towards home—a young man asked me if I would mind them, while he went down the street—I said, "Yes"—I pulled off my jacket, to pull my sleeves down, as I had them tucked up.
JOHN GWYNNE (City police-constable, No. 460.) I produce a certi-ficate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—I was present at the trial, he is the same person.
GUILTY . Aged 17.— Transported for Ten Years.
HARRIETT CROOK . I am servant to Mr. John Fishwick, of Laurence Pountney-lane—this carpet, hearth-rug and drugget now produced are his property—they were sent by Holloway to be beat on Thursday, the 14th of May—I and the cook delivered them to him.
JAMES HOLLOWAY . I am carman to Mr. Fishwick. I received the carpet and other things, and took them to Islington-fields to beat—I brought them back again to Laurence Pountney-hill—I took one parcel down to the house, leaving the cart in the street, and when I returned to it, these articles were gone.
JAMES GOLDSTONE (City police-constable, No. 440.) I was on duty in Cannon-street, and saw the prisoner turn up Swithin's lane, which is about fifty yards from Laurence Pountney-lane, with all this carpet—it was a very large bundle, and tied very slightly—he dropped the hearth-rug, and one piece of carpet, then went as far as New-court, and dropped the drugget, and another piece of carpet—I took him, and found the other four pieces of carpet upon him—I asked where he got them from, and where he was going to take them—he said he could make no reply.
The Prisoner called
ROBERT MASTERS . I am a boot and shoemaker, and live in Church-lane, Whitechapel. I have known the prisoner for twelve months—I employed him last July—he worked for me about seven months, and was taken ill about five months ago, went to St. Luke's Infirmary, and was there till the be-ginning of May—he called on me about the 13th of May, to employ him again, but I could not—I told him to call in about a fortnight—I will employ him again, if the Court would allow him.
GUILTY . Aged 28.— Transported for Seven Years.
(The prisoner afterwards finding an inquiry was to be made, admitted that the evidence of Masters was incorrect.)
PHILIP STEIBER . I live with Zachariah Richard Catchpole, in Lisson-street. On the 7th of June, about a quarter past eight o'clock in the evening, the prisoner came up to the shop-window, took up a piece of bacon, smelt it, and said it stunk—I was standing sideways to him—I saw him take up another piece, place it under the arm of his coat, and walk away with it about six hundred yards—I followed and collared him, and said, "You have a bit of bacon"—he said he had—I said, "It is ours"—he said it was not, that he had bought it of a boy at the corner of the street for 1s.—it is worth 2s.
Prisoner. A boy came and asked me to buy it two or three times; at last I bought it for 1s. Witness. I swear I saw him take it; I know it well.
GUILTY . Aged 25.— Confined One Month.
JEREMIAH M'CARTHY . I am a labourer, and live in North-street, Poplar. I met the prisoner in High-street, Shadwell, on the morning of the 2nd of June—I had four half-crowns, a half-sovereign, and a few halfpence in my pocket—I went to a house with her, and gave her something—my money was safe when I came out, in a purse in my waistcoat pocket—she asked me, outside the house, for a pint of beer—I went to a public-house with her, and, coming out, she met a man outside—he treated her to a pot of beer—she persuaded me to go with them—I took a drink out of the pot, and came out again—I had my money safe as I came out—she followed me out, and clapped her hand under my arm at the side on which my purse was—she pulled her hand back—I clapped my hand in my pocket, and my money was gone—she ran away.
ROBERT GEE (police-constable K 179.) I found the prisoner at the Albion public-house, between six and seven o'clock—I took her in charge for stealing four half-crowns and a half-sovereign—the prosecutor had complained to me in the street about five minutes before—I told her the charge—she said she knew nothing about it—in going to the station I saw her put her hand up to her mouth and drop a half-crown and three-half-pence-farthing—I took them up, and said, "How came you by this?"—she said, "I have done it, I can't help it"—she was very drunk at the time—6d. was found on her at the station—the prosecutor said he had lost his money about three o'clock, but could find nobody to complain to—he was perfectly sober when I saw him.
(The prisoner, in an unconnected defence, represented that she was not sober; that the prosecutor was waiting about for his workmate; and had been tossing with another man in the public-house; that he offered her a shilling, and said he had no more than 1s. 1d.)
JEREMIAH M'CARTHY re-examined. It is false—I was looking out to find her from three to six o'clock—I afterwards saw her go into the pub-lic-house, and called the policeman—I was sober when I lost my money—I did not drink a drop afterwards—I and another man had had three pots of porter between seven and eight o'clock—I only drank half a pint afterwards, and no spirits.
NOT GUILTY .
ELLEN DEMPSEY . I am a servant, and live in George-street, St. Giles; the prisoner slept in the same house as I did. On the 2nd of June, about eleven o'clock, she came in drunk—I took her up to bed, and locked her in the room—about one o'clock she called to me to let her out, which I did, and locked the door after her—no one was in the room but her and me—I missed my shoes at eight, and suspected her.
Prisoner's Defence. (written.)"The person who bought the shoes said I was not the person who sold them, but very much like her; but before the Magistrate she swore I was the person; the policeman was present when she said it; the shoes were not missed till next morning; I left the house about one o'clock in the day, and as I did not return that night she swore I must have taken them: but the reason I did not return was, I did not like the place, as I could get no rest at night; the hasp will give way when the door is shut; any body could open it without the key; one night a young man took the keys from her, and went into the street with them, and he might have opened the door."
FANNY WOOD re-examined. I said she wore a different shawl; but when I came to look her in the face, I knew her, because she had a black eye—I am quite sure she is the person, only she had a different shawl on when she sold the shoes—she was a few minutes with me, as I bad to send out for change.
GUILTY . Aged 34.— Confined One Month.
JOSEPH STRAUB . I am in partnership with two others in High Holborn. The clock produced is ours—on the 20th of May I found the pri-soner in the shop with the constable and the witness—I had seen the clock safe about an hour previous, about six feet from the door.
CHARLES WALLIS . I live in Spital-square. On the evening of the 20th of May I was in Holborn, and saw the prisoner standing opposite the prosecutor's door—a boy came out of the shop, and handed the clock to the prisoner, who went away with it—I went after him, and stopped him—I asked him to come back with me—as I was coming back he dropped the clock—I took it up, met a policeman, and gave him in charge.
Prisoner's Defence. I picked it up two or three doors from the shop.
GUILTY . Aged 16.— Confined Three Months.
NEW COURT.—Thursday, June. 17th, 1841.
Sixth Jury, before Mr. Common Sergeant.
1619. EDWARD DUGGEN was indicted for stealing, on the 12th of June, 1 handkerchief, value 3s., the goods of John Edmund Curtis, from his person: and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 13.— Transported for Ten Years.—Convict Ship.
GUILTY . Aged 17.— Confined Three Months.
1621. WILLIAM CHAPMAN was indicted for stealing, on the 13th of June, 1 pair of gloves, value 2s.; and 1 penknife, value 6d.; the goods of Samuel Case : also, 1 pair of trowsers, value 4s. 6d.; 1 waistcoat, value 3s.; 1 pair of stockings, value 1s.; I shirt, value 3s.; and 1 shilling, the property of George Cullem; to which he pleaded
GUILTY .— Confined Four Months.
GUILTY .— Transported for Seven Years.
1623. MARGARET DOYLE was indicted for stealing, on the 22nd of April, 2 shawls, value 2l.; 1 cape, value 10s.; 2 pairs of stockings, value 9s.; 1 handkerchief, value 4s.; 1 yard of silk, value 4s.; 2 pairs of shoes, value 6s.; and 1 pair of boots, value 4s.; the goods of John Anthony Tielens, her master.
Cross-examined by MR. PHILLIPS. Q. I believe there is some reason to suppose the prisoner has been made the dupe of a man named Doyle? A. I have heard so.
GUILTY . Aged 25.—Recommended to mercy by the Jury and Prosecutor.— Judgment respited.
SUSAN SMITH . I am servant to Elizabeth Norton, who lives in Cole-brook-row. On a Saturday afternoon, at five o'clock, we lost this work-box from the table in the parlour—it had a thimble, and tassel, one penny, and two half-pence in it—I had seen it safe two hours before.
Cross-examined by MR. PAYNE. Q. Is the prosecutrix single? A. Yes—she house had been painted, and the door was left open.
THOMAS WITHERS (police-constable N 211.) On the loth of May I was on duty, and saw the prisoner and another person—the other went into the prosecutrix's house, and the prisoner followed—they staid about two minutes—the prisoner came out with this work-box under his arm—I laid hold of him—he struggled, and dropped it—a person took it up, and gave it me—the other ran away.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Six Months.
1625. WILLIAM BYNON was indicted for stealing, on the 7th of April, 32 yards of satinette, value 2l.; 52 yards of silk, value 5l. 10s.;12 yards of mouselin-de-laine, value 1l.; 29 handkerchiefs, value 3l.; 4 shawls, value 4l.; 8 yards of ribbon, value 11s.; 4 pocket-books, value 10s.; 1 bottle and case, value 5s.; 2 match-boxes, value 1s.; 1 brooch, value 2s.; 1 knife, value 9d.; 1 nail-file, value 9d.; 1 pair of tweezers, value 6d.; 1 wafer-stamp, value 6d.; and 4 sticks of sealing-wax, value 6d.; the goods of John Alexander Smith and another, his masters; and ELIZABETH EVANS , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c; to which
BYNON pleaded GUILTY . Aged 22.— Transported for Fourteen Years.
JOHN ALEXANDER SMITH . I live in Oxford-street, and am a linendraper, in partnership with another person—Bynon was our shopman for about six weeks—he confessed he had robbed us, and I gave him in charge—the articles here are ours.
WILLIAM PRESTON . I am shopman to the prosecutors. On the 7th of April I got a policeman, and went to Stangate-street, Lambeth—I found Evans there—she was lodging at the house, and Bynon occasionally went over there—he lived with her as his wife—we asked to search the boxes and drawers—we opened a drawer, and found part of a silk dress unmade—the did not refuse to let us search—there was a pocket-book in the drawer, and Mr. Monteith, the other partner, identified the shawl and bonnet she had on—she said that was all she had—Mr. Monteith said, "That is my property"—she said they had been his property, and Bynon had given them to her—that was all she knew of that she had on—nothing else occurred while we were there—we took her to the station.
SUSANNAH STAPLETON . I am the wife of James Stapleton, a cook. I keep this house in Stangate-street—the prisoners had lodged there four months—they went by the name of Bynon—they cohabited as man and wife—I thought they were so.
RICHARD GLOAG (police-constable L 13.) On Mr. Monteith's arrival at the house, he asked Evans if she knew any one of the name of Bynon—she said yes—he asked if Bynon had given her a silk dress—she said he had given her one about a week before—she went to the drawers, and took out part of one unmade—he asked if she had any objection to let him look into her other drawers—she said, "No"—he found a pocket-book, which he claimed—a brooch fell from her bosom—she said that Bynon gave her the dress, but she did not say so with respect to the pocket-book—we found a mouselin-de-laine dress, some silk, and a bonnet.
GEORGE THORNTON (police-constable D 109.) After I had received Bynon into custody I went and searched Evans's room—in a box, with Bynon's name on it, I found the duplicates of a great deal of property— When at the police office, Evans had a shawl and bonnet on which the prosecutor claimed—she had before said that Bynon gave them to her—I found a letter directed to Evans signed by Bynon.
JOHN ARCHBUTT . I am a pawnbroker. I have six handkerchiefs, and five cambric handkerchiefs—I do not know who pawned them—I have some silk and a shawl, pawned by Evans, in the name of Elizabeth Bynon—she said they were her own.
Evans's Defence. I have been acquainted with Bynon about twelve
months—he gave me the property, and represented he was to pay for it out of his salary.
EVANS— NOT GUILTY .
(There were two other indictments against Bynon.)
SUSAN GRADY . I am servant to Edward Frazer, of High-street, Wapping. At half-past eight o'clock in the morning of the 22nd of May, I was cleaning the hall—I left, and went into the kitchen—on coming out I saw the prisoner come from the parlour with my master's great coat—he ran away, and dropped the coat in the hall—I ran and overtook him, collared, and brought him back—I never lost sight of him.
Prisoner's Defence. I met a man, and had a pint of beer with him—we crossed the road—I struck him on the back, and he chucked my hat into the passage—I went after it—the servant was coming out of the kitchen—she said I had taken some spoons—she did not mention about the coat till I got to the office.
GUILTY .** Aged 25.— Transported for Fourteen Years.
EDWARD PARFETT . 1 live in Jerusalem-passage. About two o'clock in the afternoon, of the 21st of May, Griffiths came into my shop, and asked for a steel tobacco-box—while I was reaching into the window, Donoghue came in—I put the box on the counter—Griffiths said to Donoghue, "He has not got a steel box"—they both leaned on the counter, and Donoghue was putting his hand into his pocket—he had as many cheroots as he could grasp—my wife came out, and said he had got some cheroots—I laid hold of him—he threw them all back, except three—I could not tell how many he had got—Griffiths then ran out—I called, and a postman brought him back.
Donoghue's Defence. I am innocent—he beat me, and knocked me about.
GRIFFITHS— GUILTY . Aged 14.
DONOGHUE— GUILTY . Aged 12.
Transported for Seven Years-Convict Ship.
1628. CHARLES ROGERS was indicted for stealing, on the 15th of May, 1 cruet-stand, value 1s.; and 2 cruet-tops, value 3s.; the goods of William Seabrook; and that he had been before convicted of felony.
WILLIAM SEABROOK . I keep the Cart and Horses public-house in Turn-mill-street. The prisoner was in my skittle-ground on the 15th of May—I saw him with this cruet-stand—I said he had got something belonging to me—he said he had not—I took his apron up, and saw the cruet-stand, and told him it was mine—there were seven or eight more persons in the ground—I took him to the bar, and called a policeman.
Prisoner's Defence. I did not take them—I had them given to me.
GUILTY . Aged 15.— Transported for Seven Years—Convict Ship.
GEORGE BRENCHLEY (police-constable D 115.) About a quarter before twelve o'clock at night, on the 21st of May, I was in Pall-mall—I saw the prisoner following two gentlemen—I saw him put his hand into the pocket of the gentleman who was walking outside—he drew this handkerchief out—I took him with it—I asked the gentleman if this was his handkerchief/—he said, "Yes, it is mine, give it me"—I said, "No, if you please, come to the station and give the prisoner in oharge"—he said, "No"—he went to a Club-house—I followed him—he would not give his name—I asked his name at the house.
Cross-examined by MR. PRENDERGAST. Q. Was there not a very great crowd in the street? A. Yes—there was an illumination—the prisoner was in a great crowd of persons—as soon as I took him, he pulled this other handkerchief from his bosom, and chucked it down—I said so at the police-office—I heard my evidence read over, and signed it—I am not posi-tive that I mentioned it—I stated it at the police station—I said something about it at the police Court.
(The prisoner received a good character.)
GUILTY . Aged 14.—Recommended to mercy by the Jury.
Confined Twelve Days; the last Eight Solitary.
MR. BALLANTINE conducted the Prosecution.
JOHN CLEMENTS . I am a constable of the London Docks—the prisoner was a permanent labourer on the south quay there. On the 1st of June, about half past four o'clock, I saw him go out at the west-wicket—I followed, and asked if he worked for the Company—he said he did—I asked him to come back—he did so, and I said, "I suspect you have got something in your hat, have you any thing?"—he said, "Yes"—I said, "What is it?"—he said, "A little opium"—I took his hat off, and found in it these four pieces of opium—I made him no promises or threat—I said, "Where did you get this?"—he said, "I took it from the floor of the warehouse."
Cross-examined by MR. BODKIN. Q. Did he not say it was picked up from the shavings, or some dust? A. No—I understood he had been brushing the opium, which is packed in dock-seed—the seed may be scattered about the floor in small quantities.
JOSEPH ROTHERHAM . I am a clerk in the London Docks—the prisoner was employed on the 1st of June, assisting another man in brushing and cleaning the opium, and re-packing it in the south quay warehouse—the opium produced is similar to that which he was employed in packing.
Cross-examined. Q. Had the opium been weighed that morning? A. Yes—it was not weighed afterwards—we cannot ascertain whether this was missing—we had weighed 100 packages—it is packed in seed, and we brush it off—the opium does not get amongst the seed—we are very particular—I never knew an instance of it—the prisoner has been employed there about two years—I believe his wages were 16s. 6d. a week.
GUILTY . Aged 29.— Confined Six Months.
ANN POST . I am the wife of Joseph Post; we live at Camberwell. On the 21st of May, in the evening, I was in Pall-mall—it was the night of the illumination—some one tapped me on my shoulder, and I missed my purse—it had one half-crown, three shillings, and two sixpences in it—the purse produced is mine.
GEORGE BRENCHELY (police-constable D 115.) I was there on duty—I saw the prisoner put his right-hand into Mrs. Post's pocket, under her gown, and draw out this purse—he had his arm round her, pushing her along.
GUILTY . Aged 30.— Confined Six Months.
ELIZABETH HUGHES . I am the wife of Joseph Hughes, of Queen-street, Ratcliff, a mathematical instrument maker—the prisoner was in our service. On the evening of the 19th of May, I observed her take out a bundle—I suspected she had something not her own, and said I would notice on her going out the next day—on the following evening I sent her out, and while she was gone, I examined her bundle, and brought it into the kitchen—I sent for my husband, who told me to replace it where I took it from, which I did—when the prisoner came back, I told her she might go home, and on her coming through the kitchen with her bundle, I said, "Margaret, what have you got there?"—she said, "My gown and apron"—I said I must see—I took it from her, and found this telescope in the bundle.
Cross-examined by MR. BALLANTINE. Q. When did you first see her with the bundle? A. When she was going home in the evening, but I had observed it before in the copper, where she put her things—she had been in my service one week—I had a character with her.
Cross-examined. Q. Have you any workmen in your employ? A. Yes, a number in the workshop—my wife first found this telescope in the back kitchen—any person who had access might have put the telescope there, hut they had not access to the place where it had been deposited, which was behind the counter in the front shop—it was not locked up—my son and daughter go into the shop—I cannot say that none of my workmen went in—no one could take it without our noticing it.
PATRICK FINNIGAN (police-sergeant K 21.) I took the prisoner—I told her I did not want her to say any thing that would criminate herself, but she was charged with stealing a telescope, and was suspected of taking another on the previous evening—she said, "I have not taken that, but I have taken this."
(The prisoner received a good character.)
GUILTY . Aged 16.—Recommended to mercy by the Prosecutor.— Confined One Month; the last Week Solitary.
RICHARD SHIEL . I am in the service of Mr. Matthew Howitt, a draper, living in Holborn. I know this forty-one yards of challi to be my mas-ter's by his marks on it—I saw it safe at five o'clock on the 9th of June, and missed it about half-past six.
Cross-examined by MR. PAYNE. Q. What are the marks you know it by? A. These, which are made by Mr. Howitt—I had noticed these pieces at the door at five o'clock—they were tied about one yard inside the shop—there was a pile of goods before these—a person must have come in to take these—I was in another shop of ours.
JOHN BRAIM (police-constable F 150.) About half-past six o'clock on the 9th of June 1 saw the prisoner with a female and a man near Turnstile—I thought there was something suspicious, and I got behind a cart, and watched them—I saw the prisoner and the other woman go to Mr. Howitt's shop-door, and the man stood at the window—I came from the cart and saw the prisoner secreting these goods under her shawl—I took hold of her about a yard from the door, and she dropped these—I tried to apprehend the others, but in the confusion they got away.
Cross-examined. Q. How far were you off when you were behind the out? A. About thirty yards—I could not see plainly from there, but when I came from the cart I got within eight yards of them—the prisoner was the person who was secreting the goods, and she dropped them.
GUILTY .* Aged 18.— Transported for Seven Years.
THOMAS RILEY . I live in George-yard, Drury-lane, and am in the ser-vice of Mr. Abbott. I boarded the prisoner from the 26th till the 28th of May—he left me, and I found him on the 29th at a livery stable in the Strand—I gave him in charge for obtaining money under false pretences—He was searched, and a duplicate found on him, which led me to Mr. Flem-ing's where I found this handkerchief, which is mine, and corresponds with the duplicate.
Prisoner. I bought this handkerchief twelve months ago at Brighton.
GUILTY . Aged 41.— Transported for Seven Years.
ROBERT NORMAN . I live in Salisbury-square. On the evening of the 21st of May, I was in St. James's-park, and lost my handkerchief—it was produced to me by the officer—I saw the prisoners standing a short way behind me—they were together—I am sure they are the persons.
WILLIAM RUSSELL (police-constable C 113.) At a quarter past three o'clock that day, I was in the Park in plain clothes—I saw the prisoner, Caley, put her hand into the prosecutor's pocket, take out this handkerchief, and give it to Cotter—Caley put her right hand in the pocket I rather think, and held up the pocket with her left—I took Cotter into custody, and he threw the handkerchief on the ground—Eaton took Caley.
JOHN EATON (police-constable S 193.) I was on duty and saw the prisoners together—I saw the girl take the handkerchief out of the prose-cutor's pocket and give it to Cotter—he dropped it—I secured Caley.
Caleys Defence. I did not do it.
Cotter's Defence. 1 never touched it, upon my honour.
COTTER*— GUILTY . Aged 16.— Transported for Ten Years.—Convict Ship.
CALEY†— GUILTY . Aged 12.— Transported for Ten Years. Penitentiary.
HENRY BROWER . I am a scaleboard cutter, and live in Booth-street. The prisoner worked for me for two months—I received eight reams of paper from Mr. Alley on the morning of the 1st of June, 1 cut one ream before I went out, and left the rest with my lad to give the prisoner to work—after I returned home I received information and missed the quantity of paper stated—I believe this produced to be the same—he ought to have worked on it at the premises, and not taken it home.
SAMUEL TAYLOR . I was in a house in Wentworth-street—the Prisoner came in with a bundle—he saw me and began whistling—he went into the back room and threw the bundle among some rubbish—I went and picked it up—I asked what it was—he said paper which he used for bandboxes—I asked him where he worked—he said in Booth-street—I took him there.
Prisoner. I am sorry for it—it is my first offence.
GUILTY . Aged 22.— Confined Six Months.
SAMUEL BRADFORD . I went with a cart to the London-docks on the 19th of May, and had twenty-four fowls in two coops—Salter was the carter—he left for a few minutes—while he was gone Mr. Cable came and asked me where Salter was—I told him—he went after him—I saw the prisoner Brown unloading the next wagon to our cart—then the two dozen fowls slipped down in the jetty, and Brown backed his wagon where I was sitting, and took a fowl out of the coop, put it in his apron, put it into a bag, and chucked it in his wagon—Walker was unloading the wagon—he moved the coops where the fowls were to make room for the boxes which came in the wagon—Walker took an empty basket and put it on the top of another, where the fowls were.
Cross-examined by MR. PHILLIPS. Q. Did you tell the Magistrate you lived with your mother, in Somerset-street, Whitechapel? A. Yes—there is no truth in that—I was always so used to live in Somerset-street, that I said so—I live in George's-gardens, Bethnal-green, about five minutes' walk from Somerset-street—I do not know whether I have left three years—I was not afraid of your finding my old master if I gave my right address, I lived with Mr. Shaw—he did not turn me off—I ran away—I did not pick his pocket that I know of.
Q. Will you swear you did not? A. I cannot say that, sir—I cannot recollect that I broke open a till—I should know my master if I saw him—I do not know why I ran away from him—this is my master—(looking at him)—I do not know that I robbed him—I will not swear that I did not—when I went round the milk-walk I kept the money—that is all I know—it was 2s. 2d.—that was all—I ran away when it was a hot day—I wanted to go to the water.
SAMUEL SALTER . I am a porter. I work for Mr. Cable, of Barking—I took two dozen of fowls and some other things to the Londondocks—I left them there with Bradford—I was going away—he called me—I went back, and from what he told me, I got into Jenning's wagon, and found three fowls in front of it—the policeman came up and I gave them to him—they were all dead—two of them were bleeding—the bead of the other was quite off—I did not see either of the prisoners.
JOHN BROUGHTON (police-constable H 199) I came up—I got into the wagon, and found the fowls—I charged Brown with taking them—he said he knew nothing about it—Walker said he put an empty coop on the top of the coop the fowls were in, to prevent them coming out.
NOT GUILTY .
THOMAS TAYLOR . I was at work in a garden next door to the prosecutor's. I saw the prisoner go out of the prosecutor's garden with this coat and waistcoat—I called to the milkman to stop him—he dropped the
clothes, and I gave them to the policeman—there were some other persons outside—I do not know whether they belonged to the prisoner.
(The prisoner received a good character, and a witness engaged to em-ploy him.)
GUILTY . Aged 16.—Recommended to mercy.— Confined Five Days.
FRANIS WILLETT . I am in partnership with Thomas William Willett,—we are linen-drapers, and live in the Commercial-road. On the 18th of May, between three and four o'clock in the afternoon, the prisoner came to the shop—I saw her move her hand up to her bosom from under her cloak when the young man who served her had turned to the window—when I had done with the customer I was serving, I went and missed this ribbon—the prisoner was then gone—I went one way and my young man another—he found the prisoner—she dropped this ribbon which is mine, and had been in the box which was put before her—I had seen it five minutes before.
Cross-examined by MR. PHILLIPS. Q. How was she dressed? A. She had a black silk cloak on, and I believe a white bonnet—I cannot say whether her purse was in her bosom—this is the ribbon—it is worth 2s.
JOSEPH LAKE . I am in the prosecutor's employ. I served the prisoner with a yard of holland—she then wanted a ribbon to match one she bad—I set the box on the counter, and at the same time I looked in the window to see if the ribbon she wanted was there—I turned back, and said I had not got it—she then left the shop—Mr. Willett missed the ribbon—we both went after the prisoner—I overtook her, and said Mr. Willett wanted to speak with her, and we suspected her of stealing a piece of ribbon—she said she would go home and come again—I said no, she must come back—ingoing back she dropped this ribbon—she offered me half-a-sovereign to say nothing about it.
Cross-examined. Q. Did she not say she must go and see her daughter? A. Yes—I did not hear her say it was for her daughter she wanted the ribbon—she bad paid me 7d. for a yard of holland—I believe she gave me 1s.—I will not swear she did not take it out of a purse in her bosom—I believe she was about a quarter of a mile from the shop when she dropped the ribbon—she was not in the same street that our shop is—she could have turned into another shop and not have been discovered.
NOT GUILTY .
ELIZABETH WATTS . I am the wife of John Watts, we live in Norfolk-street, Strand. The prisoner was in our service—on the 20th of May I gave her two sheets and two pillow-cases to take to another house of ours, and give them to the person who has the care of the house—the prisoner came back without them, and I have never seen them since.
Cross-examined by MR. PHILLIPS. Q. Is your husband in Court? A. No—I was married to him in Aldgate church about twenty years ago—the prisoner had lived wilt us nearly five months—I have pawned things when
I have had a heavy payment to make, but I never sent the prisoner to do it—she had never accompanied me on any of those occasions—my husband is not living with me—he is on the Continent—we have been separated twelve years—he allows me 50l. a-year.
ASN STAPLETON . I am servant to Mrs. Watts. I have charge of a house of hers in Arundel-street, Strand—I was there the whole of the 20th of May—the prisoner never brought these sheets or pillow-cases.
(The prisoner received a good character.)
GUILTY . Aged 30.— Confined Three Months.
DANIEL FARMER . I am a baker. The prisoner was in my service—it was his duty to go out with bread, and if he received money to pay it to me on the day he received it—if he received 1l. 4s. 1d. and 7s. on the 10th of May, he has never paid them to me, which he ought to have done—he gave me notice on the morning that he would leave on the following Saturday but he left on the Monday night.
Cross-examined by MR. CLARKSON. Q. How much wages did you give him when he came into your employ? A. 7s. a week and his board—after some time I agreed to give him 14s. a week, and his bread and lodging—I may owe him from 20s. to 30s.—I do not owe him 2l.—I have always given him money when he has asked for it, if I had it—I have been pressed, and not able to pay him his wages.
NOT GUILTY .
1643. ELIZABETH COLLINS was indicted for stealing, on the 20th of May, 1 pair of shoes, value 1s.; 1 apron, value 4d.; 1 printed book, value 6d.; 3 buttons, value 6d.; 3 counters, value 3d.; and 1 toothpick, value 6d.; the goods of William Newcomb, her master.
ANN ELLEN NEWCOMB . I live with my father William Newcomb, in Bengal-terrace, East India-road. The prisoner was our servant—she went away on the 24th of May, and did not return till the afternoon—I went down into the kitchen, an officer was sent for, her box searched, and all these thing found.
Cross-examined by MR. PHILLIPS. Q. Where is the box? A. It is not brought here—there was no quarrel with the prisoner at my father's house—I saw her mother several times before she left us—I did not tell her that her daughter had given notice to quit—I never said any thing about bread and butter, or any other eatable, that I am aware of—I will swear nothing of the kind passed between me and the prisoner's mother—my father does not like things got unknown to him—there was no quarrel between him and the prisoner about her eating too much—I think I could swear nothing occurred about things being put away for me and my sister to eat—onmy oath, I never said, "Mrs. Collins, your daughter wishes to leave"—I never said any thing of the kind to her—I did not say, "She suits us very well; you know, when I engaged her, I told you what sort of a man my father was"—I said he was a very particular man—these are the things I accuse her of stealing—she has worn out the shoes in our house—this is an apron—I am not able to say who it belongs to, but to some one in the house, I suppose it belongs to my mother—these shoes are my mother's; they were a gentleman's pumps; my mother wore them while they were good, but the prisoner cut them to pieces.
o'clock on the 20th of May—my mother came down and asked the prisoner to let her look at her shoes—she held her feet out, and the shoes were taken off her—they were taken to my father, and when they were brought down she was asked if they were our shoes—she said it was no such thing, they were bought by her father at Limehouse—I desired to see her father—she said she would fetch him—I said, "Do"—she put on her bonnet, went out, and returned about four o'clock in the afternoon, and then her box was searched, and these things found—they are my father's.
Cross-examined. Q. Had there been any quarrel in the house with the prisoner? A. Yes; there had been a deal of mischief made about eat-ables and drinkables—we have had tea occasionally when my father and mother had gone to bed—we used not to lay by any bread and butter.
Q. Will you swear there were not four slices of bread and butter laid by to be eaten after your father and mother were in bed? A. I shall not swear to such a thing as that either way—I understood from my mother that the prisoner said, no wonder the tea and sugar, and victuals were missing, as we ate and drank after she was gone to bed—we did not take the victuals, we took warmed tea—we let my father and mother know of it—we did not let him know that—we did it nightly—we had only one ser-vant—she had warning given her—she said she would put up with it no longer—her mother came to the house, and saw my sister several times—this apron belongs to a servant in the house, of the name of Mary Clift.
ROBERT DAVIS (police-constable K 270.) I searched the box—they charged the prisoner with stealing a pair of shoes—she said her father bought them at Limehouse—she brought the box, and opened it—it was locked—she produced the key—I found this book and these articles in it.
NOT GUILTY .
JOHN FOSTER . I am a zinc manufacturer in the Hampstead-road. On the night of the 23rd of May I was walking along Middle-row—I felt a pull at my pocket—I turned and saw the prisoner close behind me—I seized him by the collar—he attempted to escape—I succeeded in detaining him—there was a struggle—he knocked my hat off, and struck me in the left eye—he ran—Mr. Wrench came up, laid hold of him, and I gave him in charge—I missed my handkerchief—it was not found—there were two or three others near—I am sure no body could have been close enough to take it but him.
Prisoner. Q. Where had you been? A. Supping with some friends—I am sure I had my handkerchief after I left—I had been out seven mi-nutes—I might have lost it, but I felt a pull at my pocket, and when I turned, you had a cotton handkerchief in your right hand, and your other hand behind you—I seized the cotton handkerchief, thinking it was mine—my eye was a little blood-shot—I had not been drinking—my handkerchief was red, with black spots—you were stopped four or five yards from me—I did not see my handkerchief in your possession, I did not see you take it—you had the handkerchief up to your face.
CHARLES WRENCH . I was with Mr. Foster, a little distance in advance. I heard a cry, turned round, and saw the prisoner struggling with Mr. Foster—the prisoner made off a few paces, and fell down—I secured him, and got the policeman—there were several persons round him.
THOMAS PARSONS HONEY (police-constable E 134.) I was called, and took the prisoner—I found this handkerchief on him, and a knife—here is the handkerchief the witness took from the prisoner—there is no mark on either of these handkerchiefs—this knife is just the thing to cut a pocket with.
Prisoner's Defence. I came up to the prosecutor, he turned, seized me by the collar, and snatched my handkerchief—I shoved him away—I fell down—his friend came and took hold of me.
GUILTY .* Aged 22.— Transported for Fourteen Years.
Prisoner. One of these handkerchiefs is the prosecutor's—that is the cotton one that was in my hand.
CHARLES STEMBRIDGE . I am a tailor, and live in Leicestersquare. On the 20th of May, I left home about two o'clock—my pocket-book was then in my pocket—I went to Covent-garden and stood in a crowd—I there lost my pocket-book—this is it.
WILLIAM WEST (police-constable F 106.) I was in Covent-garden, in plain clothes, on the 20th of May—I saw the prisoners in company, and watched them for three-quarters of an hour—I saw them put their hands into several pockets, I then saw them go to the prosecutor, take something from his pocket, and tuck it into Hutchings's trowsers—they ran away—I went and took Hutchings, and found in his pocket these two handkerchiefs—while I was doing that he put his foot "on this pocket-book—Cal-lahan escaped then—I took him the next day.
Callahan. He came up and searched me, and said, "That will do, you an go"—I walked away. Witness. I took hold of both of them at first—we searched Hutchings, and Callahan got away without my telling him.
CALLAHAN— GUILTY . Aged 16.— Judgment respited.
HUTCHINGS— GUILTY . Aged 16.— Transported for Ten Years.—Convict Ship.
LOWTHER CHRISTOPHER JACKSON . I am the son of Lowther Jackson, a tailpr, in Three Colt-street, Limehouse. On the 24th of May, between three and four o'clock, the two prisoners came into the shop with oranges—they were there from five to seven minutes—one of them had a covered basket, and the other an open basket—after they were gone, I missed a pair of trowsers, which had been not far from where the prisoners were—I went after the prisoners, and saw them in the Commercial-road—I charged them with it—they said they did not know any thing of it—I asked if they had been down Limehouse, selling oranges, they said No—I said I could swear to Barnett—he called me a liar—I am positive Barnett was one of the persons in the shop—I cannot speak positively about Lyons.
Cross-examined by MR. PRENDERGAST. Q. How do you know Barnett?
A. I could swear to his basket and his dress—he had the same basket in his hand, and the papers that covered it, were the same that he had—I noticed the paper, because I had my eye on the oranges—I could not swear to the paper, but it was like what he had—it was brown paper, and I could see that it was stiff—I had never seen Barnett before, to my recollection.
JAMES PYE (police-constable K 111.) I received information, and saw both the prisoners in the Commercial-road—I went to Barnett, and de-tained him—Lyons saw that, and he went on towards the George public-house—I followed him—he had a bag on his shoulder—finding I was coming after him, he made round by the George public-house, and took to running—I ran after him—he found I was in pursuit, and threw the bag away—I took it up, and it contained these trowsers.
Cross-examined by MR. PHILLIPS. Q. Did you ask how he came by them? A. I did when he got to the station—I had not time before—he said he bought them—it is very likely for these Jew boys to buy new and old clothes.
JAMES ANDREWS (police-constable K 104.) I was in the Commercial-road—I saw Lyons come up by the George public-house—he had a bagon his shoulder, which he dropped—it was picked up, and these trowsers were in it.
Cross-examined by MR. PRENDERGAST. Q. Who had the basket be fore him? A. They each had baskets—Lyons had a closed basket before him, and Barnett an open one—they each of them had oranges.
(Lyons received a good character.)
LYONS— GUILTY . Aged 18.
BARNETT— GUILTY . Aged 16.
Confined Nine Months.
(There were two other indictments against the prisoners.)
ELIZABETH PITT . I am a widow, and keep a glass shop in Upper Ber-keley-street. About five o'clock in the evening of the 27th of May, the prisoner came to my shop and took a goblet out of a basket that was standing on the rails—he would have run off, but I caught him with it, and gave him in charge—this is my goblet—he did not say any thing.
Prisoner. I did not have it at all—the woman found it on the rails—there was another boy, who ran away. Witness. I am certain the prisoner took it—I knew him by sight before.
GUILTY .** Aged 12.— Transported for Seven Years—Convict Ship.
GEORGE GRANT . I am in the service of Edward Shephard, a timbermerchant, in Wenlock-place, City-road. On the 21st of May, I left his court outside the yard gate—I had this wanty there—I left it safe—I was away for half an hour, and when I came back I missed it—it is my master's.
Prisoner. Q. What do you swear to it by? A. I put it on the cart myself, and it was not taken off till the policeman brought it back—I am able to swear it is my master's.
(The prisoner received a good character.)
GUILTY . Aged 36.— Confined Three Months.
GUILTY . Aged 18.— Confined Three Months.
Fifth Jury, before Mr. Sergeant Arabin.
ELIZABETH WHITING . I am single—the prisoner was an acquaintance of mine. On the 11th of May I was at the Swedish Flag public-house, in Princes-street, St. George's—I went to wait for a friend of mine—the prisoner came in directly after, and sat by me—I had a bundle with me, containing the articles stated—they were in separate parcels—I was in the tap-room—I fell asleep, and when I awoke my bundle was gone—the prisoner was there—I did not speak to him about it—I was vexed, and went out—I went to his house the next morning—these things were afterwards found at the pawnbroker's—a young man who was stopping with me had left them in my care.
Cross-examined by MR. PAYNE. Q. How long before had he left them in your care? A. About four months—I had been getting them out of pawn—I had known the prisoner about five months—he frequently visited me—we had been very good friends—I had been drinking, and hardly knew what I did—I had drunk spirits of different kinds—I slept from seven o'clock till eleven—I found the prisoner sitting by my side when I awoke—I did not accuse him of taking my bundle—I found the property in about a fortnight.
Cross-examined. Q. What are they worth? A. I suppose about 12s.
WILLIAM ISAAC (police-constable K 223.) I went to take the prisoner he said he had no duplicate about him, nor any thing in pledge, and there was not any thing in the house—I found the duplicate of these goods in a box.
Cross-examined. Q. When you showed him the duplicate, did he not say he bought it? A. Yes, of some person unknown.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Nine Months.
There was another indictment against the prisoner.
ROWLAND THOMAS . I am a grocer, and live in Whitecross-street—the prisoner had been my shopman not quite three months—in consequence of suspicion, I consulted with the policeman—I marked four half-sovereigns
at the station, and gave them to Sergeant Brannan on the 22nd of May—I then went home, and went into the City at three o'clock—I came back about five—I then looked into my till, and found some sove-reigns and half-sovereigns, and amongst them two of the half-sovereigns which I had marked and given to Brannan—I then sent for two officers, and called the prisoner into the passage—he said, "What am I suspected of?"—I said, "I am not satisfied with your conduct"—Brannan then said, "You have got some half-sovereigns"—he said he had not—I am sure he said so—Brannan then searched him, and found one half-sovereign in his waistcoat pocket, and another in his trowsers' pocket—they were two which I had marked—they found some silver on him, but no more marked money—they found nothing more on him but the key of his box—they then went with him to his bed-room—Brannan there opened his box with the key, and took out of the pocket of a pair of trowsers that were in the box five sovereigns, four half-sovereigns, three half-crowns, one crown, and some shillings and sixpences—he said he had saved it—I looked at him—he put his hand to his head, and said, "It is of no use, bad company brought me to it—it is your property which I have taken at different times—there were some new clothes there, which he said he had bought with my money—these are the two half-sovereigns which were found on the prisoner—they are two I marked.
Cross-examined by MR. CHARNOCK. Q. Had you a character with him? A. Yes, a written character—I did not see his master, as I was ill at the time—he was to have 18l. a year—there would have been a quarter's wages due to him in about a week, which would be 4l. 10s.—when I went out that day I counted the money in the till—I took some money out—I left three sovereigns in, but no half-sovereigns—when I came back there was, perhaps, 10l. more money in the till than I had left, and amongst it two of the half-sovereigns that I had marked—I cannot tell how they came there—I believe the prisoner is of a respectable family—I do not know much of them—I have been a grocer forty years—it is never allowed for a shopman to take a half-sovereign for silver—no respectable tradesman would allow it—we are never short run for silver on a Saturday—I have four other shopmen.
MARY ELLIS . I am the wife of a police-sergeant. On Saturday, the 22nd of May, I received from Brannan a marked half-sovereign—he asked me to go to the prosecutor's shop—I went, and the prisoner served me with two ounces of tea and two pounds of moist sugar—I gave him the marked half-sovereign.
Cross-examined. Q. Were you ever employed on business of this kind before? A. No—I took the tea and sugar to the station—I have not used it.
HARRIET HAYWARD . I am the wife of a policeman. I received a marked half-sovereign on that Saturday—I went to Mr. Thomas's shop, and the prisoner served me with a quarter of a pound of 5s. tea and two pounds of sugar—I raid him the marked half-sovereign.
Cross-examined. Q. Who gave you directions to go? A. Mr. Red-man—I gave the tea and sugar to him—I have no doubt as to the prisoner being the person I gave the half-sovereign to—he was very remarkable at the time, as he had such long hair—I had three half-crowns and five pence in change.
JAMES BRANNAN (police sergeant G 20.) The prosecutor consulted me about this—I advised him to mark some money, which he did in my pre-sence—I went with Redman in the evening, and took the prisoner—I told him I was a sergeant of police, and he was suspected of robbing his master of some half-sovereigns—he said he had not got one about him—I put my hand in his waistcoat pocket, and found a half-sovereign which had been marked by the prosecutor—the prisoner said he had had that about him a long time—I then searched his trowsers pocket, and found another half-sovereign marked, and some silver—I found a key belonging to his box—we went up, and found in the box a pair of trowsers, and in the pocket of them 7l. in gold, and about 14s. in silver—he was asked how he came in possession of it—he put his hand to his head and said something—I found some new trowsers and waistcoats in his box, which he said he bought with Mr. Thomas's money.
Cross-examined. Q. Can you describe the marks on these half-sove-reigns? A. Yes; one has a cross near the word Rex, and the other over the crown.
HENRY REDMAN (police-constable G 226.) I saw the half-sovereigns marked—I have seen the two half-sovereigns that were found in the till, and the two found on the prisoner—they were the same four that I had seen marked—I went up-stairs with the prisoner, and was present when some money was found in his box—Brannan asked whose it was—the prisoner said, "It is no use to conceal any thing—the money is my mas-ter's—the two pairs of trowsers, two waistcoats, and the boots that are here, were also bought with his money, which I have taken—bad company has brought me to it."
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined One Year.
(There was another indictment against the prisoner.)
THOMAS BAXTER . I live in Assembly-row, Mile-end, and am clerk to Curtis and Co., floor-cloth manufacturers, in Whitechapel-road. On Monday, the 17th of May, I went to the counting-house, and found two desks had been broken open, also a deal box, in which I had a tin box, in which were these Spanish and Portuguese bonds and certificates stated in this indictment—I have valued them at what they would now fetch, which is 300l., but their nominal value is more than 3000l.—they were all gone—they had been safe the evening before, when the counting-house was locked, and all the place made fast—there was a hanging shutter to the window, and they got in by that window—these now produced are my property—I have compared them with a list I have of the numbers, dates, and amounts—I have not the least doubt of their being mine.
JAMES FLETCHER . I am a waterman. On Friday evening, the 21st of May, I was at the White Hart public-house, Drury-lane—there were some persons there, and the prisoner was amongst them—I had never seen him before—we were playing at skittles—a person who went with me pulled off his jacket, and put it by the side of the bench—as he was going to put it on again, he missed his tobacco-box and his knife—there was a disturbance about it, and a young man who was with the prisoner said, "Do you oppose we should go to steal such a thing as a tobacco-box, when we have got so many thousand pounds about us?" and the prisoner then produced
a blue handkerchief, like the one which is here now—he held it up, and then laid it on the counter, but still kept hold of it.
DOMINIC CARD (police-sergeant F 15.) I walked after the prisoner on the 21st of May from Drury-lane towards the station about eleven o'clock at night—I saw him several times shift his hand from one of his pockets to another—this raised my suspicion, and when he got into the passage leading to the charge room, he dropped this parcel—I said, "There it is,"and I was in the act of picking it up, and a man who had been in the skittle-ground took it up—I took it from him and opened it in the charge-room—I found it contained the property stated in the indictment.
Prisoner's Defence. The man who, as the officer states, picked up these bonds, was before me, and the officer with a great deal of trouble got them from him, and that man was a friend of Fletcher's.
GUILTY . Aged 31.—Recommended to mercy by the Prosecutor.— Transported for Seven Years.
FRANCIS EVANS . I am in partnership with my brother, we are carpenters, and live in the Lower-road, Islington. We lost this plane on the 1st of June—I sent a man out, and he took the prisoner with it on him, be-tween eleven and twelve in the morning.
JOHN SIMMONS . I was at work in the prosecutor's shop—the prisoner came in to ask if we had any brackets for blinds—I said No, but he could have some the next day—he said he would call again the next day—when he was gone I missed the plane.
Prisoner. I should have taken it back the next day when I went for the brackets.
GUILTY . Aged 65.—Recommended to mercy by the Jury. Confined One Month.
WILLIAM SCOTT . I was passing Mrs. Walker's house on the 28th of May, and saw the prisoner run from her door with the writing-desk in his hand—when he got to the corner of Dean-street he dropped it and ran—the officer ran and caught him.
WILLIAM HOWELL (Thames police-constable, No. 52.) About a quar-ter past eleven o'clock in the morning on the 28th of May, I heard a cry that a lad had stolen a desk—I ran and saw the prisoner with it in his hand at the corner of Dean-street—he there set it down—I ran and took him in an oil-shop—this desk is the property of Mrs. Maria Walker—she is a widow—I am her son-in-law—she lives in Cromwell-row, Commercial-road.
GUILTY .* Aged 15.— Transported for Seven Years—Convict Ship.
WILLIAM BROWN . I am shopman to Mr. Edwin Pamphilon, cheese-monger, in the Strand—the prisoner was his errand-boy—on the 21st of May, about seven o'clock in the morning, I left the shop to go up stairs—when I got half way up, I heard some money rattle—I came back, and the prisoner was going from the till with his hand closed, he asked me what he should do—I said, "I did not know"—I still kept my eye on him—he walked to the street-door—I went and caught his wrist and told him to give me what he had got in his hand—he said it was not mine—I said, "Never mind, give it me"—he struggled with me, and the money fell out of his hand—he then entreated me to say nothing of the matter—I said, I certainly should tell his master.
Prisoner. I did not take the money, a gentleman gave me a shilling, and I had got it changed.
GUILTY . Aged 15.— Confined One Month, and Whipped.
1656. MARGARET MACKINTOSH was indicted for stealing, on the 21st of May, 1 coat, value 7s. 6d.; 2 gowns, value 7s.; 2 yards of mouslin de laine, value 2s. 6d.; 1 table cover, value 1s.; and 1 frock, value 2s.; the goods of William Arnott.
ISABELLA ARNOTT . I am the wife of William Arnott, and live in Southampton-street. The prisoner is my sister, and was staying with me—on the 21st of May I went out and left her there—when I returned she was gone, and I missed the articles stated—I have recovered some—the rest are lost—she never returned—she had been in my house five weeks—I kept her out of affection—she got her living by mantua-making with me.
Prisoner. Q. Did you send me out with these things to pledge? A. Never—I never sent you out with a black dress, and a child's frock to pawn.
COURT. Q. Did you authorise her to pawn any of these things? A. No.
HANNAH WEBB . I keep a sale shop in Field-lane—I bought four duplicates of the prisoner—she came in great distress, and asked me whether I would buy an old gown and a table-cloth—I gave her 1s. for the gown, and 9d. for the cloth—I gave her 2s. for the duplicates.
Prisoner's Defence. My sister sent me to pawn part of the things—I took some, intending to return them.
GUILTY . Aged 32.—Recommended to mercy.— Confined Two Months.
1657. MARY ANN FOX and WILLIAM OWEN were indicted for stealing, on the 28th of May, 1 boiler, value 4s.; 1 saucepan, value 18d.; 1 pan, value 1s.; and 1 tub, value 1s.; the goods of Charlotte Good-year.
CHARLOTTE GOODYEAR . lam a widow, living in Blue Anchor-court On the 26th of May, I got up to wash about twenty minutes past four o'clock—I missed these things which were safe in the wash-house the night
before—the door was shut but not locked—the policeman afterwards showed me the articles—I know nothing of the prisoners.
HENRY GOULD (police-constable K 79.) About three o'clock on the morning of the 26th of May, I fell in with the prisoners walking together about fifty yards from the prosecutrix's house—Owen was carrying a tub and wash hand basin, and Fox, the saucepan and the boiler—I had suspicion—I said, "You are removing very early?"—Owen said, "All the goods I have, I could remove on my back"—I did not take them—about half-past nine o'clock that night the prosecutrix's son told me of this—I then took the prisoners, and found the property at their lodging.
ISABELLA BROMLEY . The prisoners lodged at my house together—about four o'clock on that day, I saw the boiler and other articles in their cupboard—I asked where they got them—they said they belonged to a person who had had the brokers in—I then saw the other things—they said they belonged to the same party.
CATHERINE HOLLINOSHEAD . The prisoners lodged with me a little while, but had left about a month—Owen met me, and said, "Mary wants you"—I went to where they lived, and she asked me to buy the boiler of her for 1s. 3d.—I gave her 1s., and was to give her 3d. the next day.
COX— GUILTY . Aged 20.
OWEN— GUILTY . Aged 29.
1658. CAROLINE HOLLINGSWORTH was indicted for stealing, on the 7th of May, 2 veils, value 32s.; 4 caps, value 4s.; 3 yards of lace, value 1s.; 2 bags, value 2s. 6d.; 2 collars, value 2s. 6d.; 1 necklace, value 2s. 6d.; and 1 scarf, value 2s.; the goods of Mary Richards : and 1 necklace, value 1l. 5s.; 1 cap, value 2s. 6d.; 2 pairs of boots, value 1s. 6d.; and 1 towel, value 1s.; the goods of John Saxty Truman, her master.
MARY RICHARDS . I am servant to Mr. Truman, of Goodge-street—before May I had leave to go into the country for my health—I returned on the 7th of May—I had left ray box and my property safe at my master's—when I came back I missed the property stated—the prisoner had been living servant there while I was away—she went away the day I came back—I then missed my property, and went with the policeman to her lodgings—I there found this property of mine, and this of my mis-tress.
Prisoner. One of the caps is my own. Witness. No, they are all mine—my box was locked and must have been opened with a false key.
JOHN HYSLOP (police-constable S 135.) I went to the prisoner's lodg-ings and found her there—this property was found there in my presence—it was on the bed in the room—the prisoner said she bad found them.
MARY TRUMAN . I am the wife of John Saxty Truman—the prisoner lived with me for a month, to supply Richards's place—these articles are mine, and were taken out of my bed-room—the prisoner called her G—d to witness that she had nothing belonging to me.
Prisoner. I found some property in the kitchen—I took nothing out of her room.
GUILTY . Aged 24.—Recommended to mercy by the Jury.— Confined Six Months.
OLD COURT.—Friday, June 18th, 1841.
Third Jury, before Mr. Sergeant Arabin.
GUILTY *. Aged 22.— Transported for Ten Years.
1660. JOHN JONES was indicted for stealing, on the 30th of May, 1 jacket, value 6s.; 1 pair of trowsers, value 6s.; 1 shirt, value, 2s. 6d.; 1 handkerchief, value 1s. 6d.; 1 pair of braces, value 6d.; 1 pair of stock-ings, value 1s.; and 1 hat, value 6d.; the goods of Frederick Jones: and I hat, value 4s., the goods of James William Jones.
FREDERICK JONES . I live with my mother, in Luton-street, Padding-ton. On the 30th of May, about half-past nine o'clock in the evening, I was bathing in the Serpentine—I left my clothes on the bank, and a hat belonging to my brother, James William Jones—I was in the water about ten minutes—when I came out, my clothes and the hat were gone—those now produced are them—I saw nothing of the prisoner till he was in custody.
DAVID WATTS . I am a clerk. I was crossing the Park about a quarter of a mile from the Serpentine, and saw the prisoner running away with a jacket hanging from under his own jacket—I ran up and asked what he had—he made no reply—I took from under his jacket this jacket and pair of trowsers—the rest of the things he threw down—he said, "Now you have the toggery, you had better give me a milling, and let me go."
GUILTY . Aged 18.— Confined Six Months.
ARCHIBALD GRAY . I am in the service of Josiah Dennis and another, linen-drapers. On the 14th of June, about half-past three o'clock, I saw the prisoner remove a piece of calico, take thirteen handkerchiefs, and run away—I pursued, and took them from him—these now produced are them.
Prisoner. A. boy told me to go and take them, and save them till he came from work. Witness. I saw no boy with him at that time—I had teen others with him before.
GUILTY . Aged 11.— Whipped, and Discharged.
WILLIAM BROWN . I am a seafaring man. On the 3rd of June I met he prisoner—I knew her before, but she was not an acquaintance of mine—he said she had got a friend in the station-house, and wished me to go with her there—I went into a public-house while she went to her friend—she came back, and I went home with her—we laid down on the bed—I had
35s. 6d. about me—amongst it was a sovereign, a half-sovereign, and a silver coin—she said, "Give me every farthing you have got, you will only be losing it"—I refused to let her have it—she then put her hand into my waistcoat-pocket, and took all my money out—she said she would give it me again when I awoke—I thought she was going to take care of it—she said she would get something for me to eat—she went away, and did not return—I remained in the house about four hours, and then went to look after her—I found her at last near the White Swan public-house—I asked her for my money—she said, "Come along," but would not give me any satisfaction—I went with her from place to place, at last she struck me in the face, and said I might do as I liked—I gave her into costody—I was sober—we had had a quartern of rum, some beer, and other things.
RICHARD CLAYTON (police-constable K 265.) I took the prisoner into custody—I told her what she was taken for—she said she had been home with the prosecutor, and had left him asleep at her place when she came away—at the station she said, "Don't be hard on me, Brown, I will make it up with you; don't lock me up."
(The prisoner put in a written defence, stating that she met the prosecutor, who was an old acquaintance; that he went home with her, gave her a sove-reign, and some drink, and said he intended to remain with her, as the girl he used to stay with was dead—that he went with her to a linen-draper's dress-maker's, and various places, and purchased several articles for her, and also gave her the half-franc piece to wear round her neck—that she left him in the public-house drinking, and on returning was given in charge.)
GUILTY . Aged 21.— Transported for Ten Years.
1663. LOUISA WRIGHT was indicted for stealing, on the 24th of May, 1 table-cloth, value 1s.; 1 gown, value 1s.; 3 1/2 yards of ribbon, value 6d.; and 3/4 of a yard of satin, value 6d.; the goods of James Sullivan : 1 petticoat, value 6d.; 1 bed-gown, value 4d.; and 1 night-cap, value 2d.; the goods of Ellen Crawford.
MARY SULLIVAN . I am the wife of James Sullivan, and live in Clark's-buildings. On the 24th of May, I went out, leaving my room in the care of Mary Kalaher, when I returned the property stated was gone—Kalaher gave me information, and on the Saturday evening following I gate the prisoner into custody—a petticoat of mine, and one of Mrs. Crawford's, were found on her—she said at first that she was not the person, but in going to the station she said she was the person, and told me to go to her mother, and she would replace the things.
MARY KALAHER . I was left by Mrs. Sullivan to mind the house—while she was out the prisoner came into the room and asked if I had a pen and ink—I said I had not—she asked me to go out for one—I went out—I was not long absent—she was there when I returned—she had got a market basket—I do not know what she had in it—she went
away—when Mrs. Sullivan returned she missed the property—no one but the prisoner had come to the house.
(Property produced and sworn to.)
GUILTY . Aged 19.—Recommended to mercy.— Confined Six Months.
CHARLOTTE MORGAN . I am servant at the Blue Posts public-house, in Newman-street. On the 6th of June, I saw the prisoner go down the mews, and I watched him—he begged of a lady and gentleman—he had nothing then—he returned shortly afterwards carrying these cloaks—I went down stairs, mentioned it in the tap-room, and Rowland followed him.
Prisoner. Q. Did the lady and gentleman give me any thing? A. No—I did not follow you down the mews.
EDWARD ROWLAND . I was in the public-house—in consequence of what Morgan told me, I went after the prisoner—I overtook him about one hundred and fifty yards from the mews, carrying these cloaks—the policeman took him into custody.
Prisoner. Q. When you overtook me was I running or walking? A. Walking at first—when you came to the comer of Newman-street, you ran across the road.
Prisoner's Defence. Owing to my destitute state I was induced to beg of this lady and gentleman—they rejected me—I went down the mews and saw a man, like a gentleman's servant—I asked him for relief—he said he could not relieve me, but if I would take these things for him and walk on steadily he would overtake me—I was to wait for him at the bottom of Newman-street—I willingly did it, thinking to receive a small remuneration—acarriage was passing at the time and I ran across the road.
GUILTY . Aged 38.— Transported for Ten Years.
Before Mr. Justice Wightman.
MR. HOWORTH conducted the Prosecution.
MARY ROGERS . I am the wife of David Rogers, a baker, of No. 111, Chancery-lane. I remember a boy coming to the shop with a letter some day in January last—I think it was from seven to eight o'clock, I cannot tell the date—it was not sealed, I think, but I am not certain—I opened it—this is the letter—there was a cheque enclosed in it—(read)—"To Mr. Rogers, baker, Chancery-lane.—21st of January, 1841, No. 171, Fleet-street.—Mr. Charles will feel obliged to Mr. Rogers if he can cash the enclosed cheque for him in any possible way, being in immediate want of change, or else he would not trouble him." I am quite sure this cheque
was in the letter at tlic time—Mr. Charles, of No. 171, Fleet-street, was a neighbour and customer of ours—I had my doubts it was not all right, and told the boy I could not give him the money, but I would send it—I kept the cheque and the letter—I sent five sovereigns in a bag to Mr. Charles by my servant, Harriet Duke—I gave her also the letter and the cheque, and told her to take it to Mr. Charles's shop, and not to deliver it to any one till she got to his house—my husband banks at the London and Westminster bank.
DAVID ROGERS . I am a baker, and live in Chancery-lane. I found this cheque in my desk when I came home in the evening—I sent it next day, the 22nd, to my bankers, the London and Westminster bank—it was returned to me from my bankers on Monday, the 25th, as it was not paid.
GEORGE NEWELL . I am clerk to the commissioners for building churches in England and Wales. I have known the prisoner several years—I have seen him write some time ago—I never received letters from him to my knowledge—I cannot speak positively to his handwriting—(looking at the letter)—I have so many men writing, in the sway of business, that I can hardly tell whether this is his writing—I should sooner swear it was not his than that it was—I cannot possibly say—I believe it to be his—I have not seen his writing for six or eight months, and never saw him write many times—I cannot possibly say it is his writing.
HARRIET DUKE . I am servant to Mr. Rogers, and was so in January last. I was present when a boy brought a letter to my mistress—it was in the winter—I saw her open and take a cheque out of it—she afterwards gave me five sovereigns in a bag, which I put in my bosom—she gave me the letter and cheque as well, and desired me to take the five sovereigns down to Mr. Charles's shop, in Fleet-street—I went out, and before I got to Mr. Charles's shop, the prisoner met me—I am sure he is the person—he said, "Are you come from Mr. Rogers?"—I said, "Yes, sir"—he said, "I am Mr. Charles," and I said, "Are you Mr. Charles?"—he said, "Yes, I am"—he said he had been to Mrs. Rogers, and she had given him a description of me, that I was gone on with the money—he said he had sent a cheque to my mistress for 5l., and that he was in a great hurry for it—he requested me to give him the money—I was standing close to him for about five minutes, and took particular notice of him—he was dressed in a black frock coat, black trowsers, a black satin waistcoat, and a blue satin stock with red flowers—I took particular notice of his dress as well as his person.
Cross-examined. Q. Had you ever seen this person before? A. No—I am quite certain the prisoner is the man—I saw him again at Marylebone office, standing at the bar alone—I knew that he was charged with getting this 5l.—he was not pointed out to me—I knew him by his countenance, his features—it is a very downcast countenance—I have always said he had red flowers in his cravat—he was not dressed the same at the police-office as he was when he got the 5l.—I made no remark except his down-cast countenance.
COURT. Q. Did you give him the 5l.? A. did—he said, "Is that all? thank you."
and Westminster Bank—I refused payment, having no such account, nor any authority to draw on us—I do not know any body of the name of George Redmond, who purports to be the drawer.
WILLIAM GUMMING . I am a policeman. I saw the prisoner on the 28th of May in the Strand, at the corner of Exeter-street—I apprehended him in the Punch Bowl public-house, by Temple-bar, from a description given of him by different boys who had carried forged cheques and letters to different tradesmen—I apprehended him on a charge of attempting to obtain 8l. 19s., by means of a cheque, from a gentleman—I gave notice to the prosecutor.
GUILTY of Uttering. Aged 19.— Judgment respited.
(There were two other indictments against the prisoner.)
1666. JOHN SMITH was indicted for feloniously uttering, on the 13th of May, a forged order for the payment of 21l., knowing it to be forged, with intent to defraud Laurence Palk.—2nd COUNT, stating his intent to defraud Richard Henry Cox and others.—3rd and 4th COUNTS, calling it a warrant for the payment of money.
MESSRS. BODKIN and DOANE conducted the Prosecution.
DANIEL HOWARD . I am clerk to Richard Henry Cox and others, of Craig's-court, Charing-cross; he is the senior partner. On the 13th of May I was in attendance at the banking-house—the prisoner came there about a quarter to three o'clock in the afternoon, and presented this cheque—on looking at it I discovered the signature was forged—I asked him who Robert Perks, the person in whose favour it is drawn, was—he said he brought it from the under butler, at the same time handing me this card—he said the person had asked him to get cash for the draft, and to make haste, as the gentleman was going out of "town in the morning; that he received 1s., and drank a pint of beer with the man, and was to receive 1s., on his return—I asked him if he knew the butler—he said he did not know much of him, he had seen him before—he said the under butler had sent him to receive the cheque—suspecting it to be forged, I consulted with the firm as to what steps to take, and a policeman was called in—Mr. Lawrence Palk had an account at our house at that time.
Cross-examined by MR. BALLANTINE. Q. Would you, under any cir-cumstances pay, a cheque in this form without a date to it? A. It is a question—it requires a date—if Mr. Palk had brought it himself we should have given him the money—the date is a matter which rests with the cashier—I keep Mr. Palk's account, and no cheque is paid without my approval as to the signature, and as to the amount, whether the balance will bear it.
Q. Should you consider a document drawn in that way sufficient authority to pay money to another person? Q. That rests with the cashier—I am not in the habit of paying cheques—the prisoner said he got the cheque from a person who called himself Mr. Palk's under butler.
COURT. Q. Did he say who called himself so? A. I asked him who Robert Perks was, and he said, "The under-butler," handing me the card.
MR. BALLANTINE. Q. Did he not say it was a person who told him he was Mr. Palk's under butler? A. Yes—while I was consulting some of the firm, the prisoner was in my room up stairs—I did not place him in any Confinement at that time, nor direct he should be watched—when I
came back and charged him with the cheque being forged, he said he would clear his character, if some one would go back with him—he said he could take a person to the party who gave him the cheque—I sent for a police. man, and gave him into custody—I think I heard him say the same thing to the policeman—the policeman took him to the station.
MR. DOAN. Q. It is not part of your duty to pay cheques? A. No—if I was satisfied it was Mr. Palk's handwriting, I should have put my initials to it and sent it to the cashier—I should not have hesitated a mo-ment in doing so if I had considered it his signature—the prisoner said he had seen the butler before.
MR. BALLANTINE. Q. From your knowledge of the mode in which business is transacted in your firm, would the cashier have paid the cheque without your initials to it? A. Certainly not.
MR. BODKIN. Q. He would have paid no cheques without initials? A. In some instances, but it is not done in Mr. Palk's case.
LAWRENCE PALK, ESQ . I lodge in Mount-street, Berkeley-square—I know nothing of this cheque—it is not mine, nor was it written by my authority—I keep cash at Cox and Co.'s—I know nothing of the prisoner myself—this is one of my cards—(looking at the one produced)—the address in manuscript is in my handwriting—I often leave cards in cabs in the mews, and the prisoner might have seen it there and taken it out—I do not keep an under butler—Cosgrave is the only man servant I keep in the house—we have some grooms.
HENRY SIBLEY . I am coachman in the service of Sir Lawrence Palk—the prisoner was in his service—he was helper to me—he has left about two years as near as I can say—I have known nothing of him since, more than seeing him about the streets.
MATTHEW BANKS . I am a policeman. I was called to Cox and Greenwood's, and the prisoner was given into my custody along with the cheque—I took him to the station—he wished to go to the Running Footman public-house, Charles-street, Berkeley-square—he said a person there had given him that cheque, a shilling, and a pint of beer, and he was to have another shilling when he went back again—he said the person seemed to be a servant out of livery, like an under butler, or something of that kind—he did not know his name, but if I would go with him he could point out the man—he said the person wished him to be at the bank before three o'clock—I searched him, and found inside the lining of his waistcoat pocket these three thimbles, also 1s. 11d. in money, four duplicates, and this piece of blank paper—I did not find any pea—he gave me his name as John Smith, Bowling-green-lane, Marylebone—he did not know the number—he said it was at an eating-house, and next door or next door but one to the police-station.
Cross-examined. Q. The duplicates are merely for articles of wearing apparel? A. Yes.
JAMES BEAGLEY . I am a policeman. I made inquiries for a person named John Smith, at a lodging house near the police-office, Marylebone—I I found a person named Mrs. Brown, who kept the house where the prisoner stated he lodged—I did not find any person named Smith there—I inquired at Mrs. Brown's, No. 6, Paradise-street, High-street—that is at the end of Bowling-green-lane, at the corner of a passage—it is next door to an eating-house, near the police court—I stated the result of my inquiries in the prisoner's presence before the Magistrate—he made no observation upon it.
Cross-examined. Q. Had you known the name of Mrs. Elizabeth Brown before you went there? A. No.
JAMES COSGRAVE . I am in the service of Mr. Palk, jun. I know nothing of the prisoner, nor of this cheque, nor the card—I never saw the prisoner before he was in custody—I am the only male servant Mr. Palk keeps in his house.
JURY. Q. Do you know the prisoner's handwriting? A. never saw him write but once, and that was his name in my book when I settled with him.
(Cheque read)—" Messrs. Cox and Co. Gentlemen,—Please to pay to Richard Perks, or bearer, 2l., and place the same to my account. LAWRENCE PALK."
MR. BALLANTINE called,
ELIZABETH BROWN . I am a widow, and live at No. 6, Paradise-street, High-street, Marylebone, near the police-office—I keep the house, and let out the eating-house to another party—the prisoner lodged with me for a fortnight or three weeks—he was steady and honest, and paid his lodging every night.
(Thomas Betson, butcher, Fetter-lane; and William Snare, silversmith,—court, Fetter-lane, also deposed to the prisoner's good character.)
GUILTY of Uttering. Aged 39.—Strongly recommended to mercy. — Transported for Fifteen Years.
GUILTY . Aged 21.—Recommended to mercy.— Confined One Year.
Fourth Jury, before Mr. Recorder.
1668. JANE MAYO was indicted for stealing, on the 1st of Jane, I watch, value 2l. 15s.; 1 seal, value 3s. 6d.; 1 watch-chain, value 1s.; and 2 watch-keys, value 6d.; the goods of William Morrison; to which she pleaded
GUILTY . Aged 20.— Confined Six Months.
DAVID DAVIS . I am shopman to James Richmond Smith and Joseph Catkins, of Tottenham-court-road. On the afternoon of the 13th of May the prisoners came into the shop together, and sat down close to the counter opposite each other, face to face—Smith asked to look at some cambric, which I showed her—she said it was for gentlemen's shirt frills—I told her we usually sold French cambric for that purpose, and it would take threeeighths of a yard—I served her with half-a-yard, which I cut off—she then asked to see some thread lace edgings—I produced a box of them—they both looked at them—Smith bought four different lengths—while I was winding the piece up I saw Holt take some cards of edging off the counter,
and place them on her lap—she swept them off the counter on her lap—she did not lift them at all—she covered them over with her shawl and handkerchief—that appeared done deliberately to conceal them—Smith then wished to look at some blonds—I showed her some, and she had three yards—she then wished to look at some ribbons—I sold her a small quantity of ribbon as well—I made a sign to another shopman when I observed what Holt did, for him to watch what she had done—he made a sign to me as if to say he had seen what she had taken—I made a motion for him to come round—he came and told Holt he wished to speak to her—(I had seen the corners of cards of lace as she moved them to her left side)—he said he wished to speak to her, and as she got up the cards fell on the ground—they laid quite close to the edge of the counter when she swept them with her left-hand into her lap—it was not accidentally done—I saw her take them with her hand—they did not fall from her lap—when the young man spoke to her she got up, and moved them up under her shawl by degrees, and they fell from her shawl after she got up—I am certain I saw them in a position requiring her hand to keep them in the place—when charged with taking them, she said her shawl might have touched them, and they have dropped into her lap accidentally—it was impossible to be an accident, I swear—I cannot say whether Smith saw her take them—she had not looked at nor touched the lace that I saw, nor done any thing about it—they both looked at the edging, hut not when she took the card off the counter—I do not think Holt could have taken the lace without Smith being conscious of what she was doing—they were speaking to each other all the time, and facing each other, so that she might have seen what she had done.
Cross-examined by MR. PAYNE. Q. Where were you standing when you saw her sweep them off? A. I was on the right side of Holt, close by them, I was watching them—I was looking straight at her—I was about four feet from her when she swept the things off the counter; I was winding the lace, and she thought I was not looking at her—the shawl could not have swept them into her lap, for she had no business to lift her shawl at all; and I saw her take the lace from the counter—when she stood up, the lace fell to the ground from under her shawl.
THOMAS BISHOP . I am shopman to Smith and Watkins. I saw the prisoners in the shop, sitting face to face—I was the breadth of the shop from them—I saw Holt take the four cards of lace—she rose up the corner of her shawl, swept them off, and covered them with her shawl—after seeing they continued to look at other things—about ten minutes after seeing this, I went to Holt, and said I wanted to speak to her—she turned round and said, "Me, sir?"—I said, "Yes"—she immediately got up, and as she got up the lace fell from under her shawl—I turned round to the clerk, and told him to fetch a policeman—she said it was quite an accident, she might have said it dropped on her lap while she was looking at the lace—there was 166 yards of lace, worth 8l.—Holt had not paid for what she bought, it amounted to 8s. or 9s.
CHARLES PURKIS . I am a policeman. The prisoners were given into my custody—Bishop stated the charge against them—Holt said, at first, she knew nothing about it, and afterwards she said it might be pulled down off the counter by her shawl—Bishop said he saw her draw them up her side, under her arm—she said she did no such thing—Smith denied having noticed it.
Cross-examined by MR. PHILLIPS. Q. Did you search Smith? A. No—1l. 7s. 6d. was found on her, and 18d. on Holt.
(The prisoners received excellent characters.)
NOT GUILTY .
1670. MARY JOHNSON was indicted for unlawfully, maliciously, and feloniously assaulting Sarah Maria Green on the 27th of May, and cutting and wounding her in and upon the forehead, with intent to do her some grievous bodily harm.
SARAH MARIA GREEK . I am an unfortunate woman. The prisoner occupies the house, No. 25, Vinegar-lane—I lodged with her for five weeks—I gave her notice to quit three times, and on Thursday the 27th of May, I was going—I went out the first thing in the morning, and when I returned, she called me most dreadful names, and said she would have her revenge before I left her house—we went out together—the prisoner wished Thodie to go out with her to have a drop of porter, and wished me to drink with them, and make it up, and say nothing more about it—I said no, I would not drink with a person who had threatened my life as she had done—they had a pot of porter between them, and I had half-a-pint to myself, because I would not drink out of the same pot—I went home, and was having a mackarel and a pair of soles for tea, and while at tea, she called me down stairs, and said she wished to speak to me particularly, and to take a pinch of snuff with me—when I entered her room she had a poker concealed under her apron, and struck me on the head with it—I do not recollect any thing further till the doctor came—I lost my recollection—I cannot say how soon the doctor came—my clothes were very much stained with blood—I cannot say whether I fell with the blow—I recollect nothing after the blow.
Cross-examined by MR. PHILLIPS. Q. Did the prisoner get any blow from any of you? A. I am not certain—Thodie and her fought before any thing of this happened—before they had the beer together—I am not able to say who broke her windows—I have not the least notion—we had the beer at the Anchor and Hope public-house—I believe that was the only house I drank at with her that day—I was not in the Coach and Horses public-house at all—the prisoner was not bleeding, nor was her cap torn, to my knowledge—I did not see it—I had no one to drink tea with me that night—I was with Thodie—I have no doubt Thodie blacked the prisoner's eye—it was in Thodie's room I went to have the mackarel and soles—I never entered my room in the prisoner's house after Thodie gave her the black eye—I do not know what became of her cap, and do not care—I did not see her black eye till the Monday following—I did not see her front windows all smashed—Thodie and I had not been to any public-house that day except one—I had been over the water.
ELIZABETH THODIE . Green went over the water to see her sister—I came home after one o'clock—when she came home, she and the prisoner had a row, and she said she would have no piece of work with her, she intended to leave her—the prisoner said she would be revenged of her before she did leave—she up with a knife, and pointed it at her—I took the knife from her, and chucked it down on the floor—we made it up then, and I said, "Come, Sarah, let us have no words, let us make it up," but she would not—we went to a public-house, and Green had some beer to herself—we went home—I went out to get a halfpennyworth of vinegar, as we had some fish with our tea—when I came back, I looked through
the window, and the prisoner and Green were in the room—I saw the prisoner with the poker in her hand—she struck Green over the head with it—she fell against the bedstead, and her head went against the bed—a doctor was sent for—I knocked to be let in, and was not let in, and I broke the window—the prisoner chucked a knife at me—it struck me across my finger—Green was bleeding a good deal—I could not see where the wound was for the blood.
Cross-examined. Q. It was not with smashing the window you cut your finger? A. No, I broke four windows, and the prisoner broke one—I broke them to get in through the window—I had been to a public-house that morning—only one, that was the Hope and Anchor—that is not a public-house, it is a beer-shop—I was in two houses—the other was Mr. Herder's—the prisoner and Green were with me there—I did not give the prisoner a black eye, I cannot tell who did—I do not know whether it was Green—she might have got it in the street—I did not see the state her cap was in—I did not see it almost torn to pieces—I did not see her bleeding—a young woman outside named Emma also saw the transaction—there was no boy there—I saw the prisoner at the station that night—I did not see that she had a black eye then, nor on Monday.
CHARLES BROOK (police-constable K 396.) I was sent for to the house, and found the prisoner lying on the bed, and her head bleeding—I found the prisoner standing at the door tipsy—I asked if she was the woman who cut Green's head—she said she had smashed her head with the poker, and would do it again if she got at her, that she did it in her own defence—I have the poker here—it has hair and blood on one end of it.
Cross-examined. Q. Did you see her at the office on Monday? A. Yes—there was nothing the matter with her eye that I saw—she had a bruise under her eye.
RICHARD GLODE PATER . I am a surgeon—I was sent for to see the prosecutrix—she was lying on the bed, with a wound on the upper part of her forehead, the frontal bone—it was a contused or bruised cut, not deep—it was not cut to the bone, merely through the skin—it was about three parts of an inch long—it was very superficial—this poker would have made such a wound with a single blow.
Cross-examined. Q. If she intended to hurt her very much she could have done it with the poker? A. She could have killed her if she liked.
GUILTY of an Assault. Aged 38.— Confined Three Months.
1671. DENNIS DOBBINS and GEORGE THOMPSON were indicted for stealing, on the 15th of June, at St. Marylebone, 2 breast-pins, value 13l., the goods of Henry William Pars and another, in the dwelling-house of the said Henry William Pars.
HENRY WILLIAM PARS . I am a jeweller and silversmith at No. 47, Oxford-street, in partnership with Thomas Mawley—I occupy the dwelling-house—it is in the parish of St. Ann. On the 15th of June, about half-past eleven o'clock, I saw the prisoner Dobbins in our shop in company with another person—they asked to see some breast-pins—I put some before them, and both looked at them—they asked for some coral pins—I said Mr. Mawley my partner had got them out with him—they then said they were going to Hyde-park, and would come again as they came back—they left the shop, and shortly after Dobbins was brought back by an officer, who produced two pins, and asked if I knew them—I said "Yes"
—they were on the cushion I had shown them, and are worth 13l.—they are real diamonds—those now produced are them.
Cross-examined by MR. BALLANTINE. Q. You do not mean to say both the prisoners came? A. Dobbins and another one, not Thompson.
JOSEPH DAVIES LEATHEART . I am a house-decorator, and live at No. 19, Bath-place, Bayswater. I saw the prisoner Dobbins in company with another one and Thompson, in Oxford-street—I knew Dobbins and the other one before by eight—I saw Dobbins go up to Mr. Pars' window—the other man and Thompson stood a little way, about a door off, in conversation—then the other man left Thompson, went up to Dobbins, and he and Dobbins entered the shop, while Thompson stood with his back to the gas-post, and his face towards the shop—I crossed over in a minute or so, passed the shop, and saw Dobbins and the other in the shop—I then passed on, and saw Thompson standing with his back to the gaspoet, looking towards the shop—I should think he was about fifteen or twenty yards from the shop—not several shops off—it is one large shop, a linendraper's—it is hardly fifteen yards—I spoke to a policeman afterwards, and saw Dobbins and the other one come out, take hold of arms, and proceed towards Berners-street—Thompson followed them instantly, and when they got to the corner of Berners-street, they all spoke together, and ran up Berners-street, looking behind them two or three times—I followed on the other side of Berners-street, and when I got on a line with them, I crowed over—they all looked round, and whefl I got on the curbstone, Dobbins put his hands into his pocket, and the other two ran on—I pinned Dobbins' two arms with his hands in his pocket—I called to the po-liceman to make haste—he came up, pulled Dobbins' hand out of his pocket, put his own hand in, and brought out the two pins—I hallooed to a gentleman to stop the other two—he stopped Thompson—the other escaped—I said I charged them with felony—Thompson said, "I have never been into the shop"—I had said nothing about a shop—he repeated again it the shop that he had never been in there—I said I knew that.
Cross-examined by MR. PHILLIPS. Q. Were you there by accident? A. Yes—I am perfectly satisfied that the Jury should know me—the more you try me, the more respectable you will find me—I know what you are going to ask me about—I am a house-decorator—(producing his card)—here is where I came from on Saturday—Lord Lyndhurst's—you do not give me any encouragement for protecting the public—you know as well as me how often I have been a witness—I have been a witness five or six times in the last five years—once or twice a year—mind, it was all in Oxford-street—I have been a witness two or three times within the last twelve months, not four or five, I would say three times—you were engaged in the case when I was last a witness—it was the omnibus robbery in Oxford-street, last Sessions—you and I were on the same side then, and we went on very comfortably—I was not in any case the Sessions before—I was two or three Sessions ago—Mr. Ballantine can tell—I think I was only here three times last year—I do not think it was five—I will not swear it was not.
Cross-examined by MR. BALLANTINE. Q. We were against each other last time? A. Yes—my lord, I have been bound over as a witness, and have been insulted at different times by Mr. Ballantine, I claim the protection of the Court—I come in a straight-forward, honest manner, with a prosecution, 10s. out of my pocket—the last time I was here I succeeded
—the time before I swore as positively against the parties as I do now—through your uncounsel-like behaviour in that case, and the assistance of another gentleman, and I could mention two or three, they winked, and looked on, and nodded to the Jury as the prisoner made his defence, and created such an impression, that I actually thought myself the prisoners were innocent, and you went on in a manner not at all right in a Court; it was rather too bad—I am known as a respectable person, but when I see depredations committed, I will do my duty—I do not know that the Jury did not believe me—they acquitted the prisoner—I had a case at the Westminster Sessions, that happened in Oxford-street—on the C side of it—that is long ago—I followed those parties down Regent-street to Leicester-square—I am sure Thompson said he had not been into the shop—I have not the least doubt about it—I am quite certain he used the term "shop"—the gentleman I took him from was present when he said so—the policeman was some distance from him—he had got Dobbins in custody, a short distance off—he was within hearing I dare say—I can-not tell—it is a different thing if a man stands listening, and it is all bustle—I do not know whether the prosecutor heard it—I heard him examined at the police-office—I do not think he said a word about the shop there—he said it in the hearing of the prosecutor, in the shop—I am equally respectable as you—I have worked seventeen years for Duffin of Oxford-street, and am about town, and if I open my eyes I see this.
H.W. PARS re-examined. When they were brought into my shop, Thompson said he had not been into the shop.
Cross-examined by MR. BALLANTINE. Q. You did not mention that be-fore A. No—I do not know whether I mentioned it at the office—I heard Leat heart mention it just now—the policeman brought Dobbins into the shop, produced the pins, and asked if they were mine—I said, yes, and Thompson immediately said, "I have not been into your shop"—that was true.
JAMES NOBLE . I am a policeman. I was in Berners'-street and saw Leatheart—I followed him and the two prisoners and a third in company—the yaltered their pace to a run after looking back several times—Leatheart took Dobbins—the third man ran away—I went up to Dobbins—I saw he had his hands in his pockets—I took hold of his right hand, drew it from the pocket, put my band in, and took out these two pins— Leathearthad previously said, "I charge them both with felony"—Dob-bins said, "What am I charged with?"—I said, "Felony"—he said, "Felony! I don't know what you mean"—I took them back to Mr. Pars' shop—Leatheart took Thompson to the shop—I asked Mr. Pars if the pins were his—he looked at them and said, "Yes"—I asked him if either of the prisoners had been in his shop—he said Dobbins had been in and another one—Thompson said, "I never came into the shop at all"—I found a silver watch on Dobbins, three half-crowns, 2s. 6d., and a breast-pin—I saw Dobbins attempt to say something in the shop, and the other said in a loud tone, "Don't you say"—I got between them and prevented further conversation.
Cross-examined. Q. You came up the street with Thompson? A. I followed him up the street—I saw Leatheart take Thompson in charge from the gentleman who stopped him—I did not hear any thing that passed that I can swear to—I might be ten yards from them—if there had not
been a bustle I might have heard what was said—Dobbins was in my custody—it was about twelve o'clock.
(Thompson received a good character.)
DOBBINS *— GUILTY . Aged 22.— Transported for Ten Years.
THOMPSON— GUILTY . Aged 29.—Recommended to mercy.— Confined Six Months.
BUNFORD SAMUEL . I am a general merchant, and live in Leman-street, Goodman's-fields—I trade to the United States, and Canada, and several parts. On the evening of the 16th of June, I was in Fleet-street—I felt myself bustled, turned round, and missed my handkerchief—I saw the prisoner Harris behind me, and taxed him with having robbed me—he denied it, and at the same moment my handkerchief dropped from behind him—I stooped to take it up, and at the same moment he ran off—there was a cry of "Stop thief," and he was taken by the officer—there were two behind me in company—I could not be quite positive of Elliot being the other—Harris's hand was behind him at the time the handkerchief dropped.
Cross-examined by MR. DOANE. Q. There were two persons behind you besides Harris? A. Yes—I am positive the. handkerchief dropped from Harris—I saw his hand behind him, and saw it drop out of his hand—I did not see his hand, but saw the handkerchief drop from behind him—the other two were immediately behind him.
Elliot. Q. Can you swear I am the man who was with him? A. To the best of my belief you are, but I cannot swear positively.
GEORGE YARROLD (City police-constable, No. 362.) I saw Harris near the prosecutor, near Temple-bar, running away from the prosecutor—there was a cry of "Stop thief"—I pursued and stopped him in Fleet-street, just beyond Chancery-lane—there was no one running at the same time—Elliot was standing by at the time, but he did not run—when Harris was in custody, Elliot followed us down, and I told my brother officer to take him.
HENRY BAYLEY . I am a policeman. My brother officer was bringing the prisoner down the street—he told me to take Elliot, who was following close behind with another one—I took him—he was following with several others close behind—he was the nearest to Harris—there were others some little distance behind.
(Property produced and sworn to.)
Elliot's Defence. Is it likely I should follow down after this man if I was concerned?—I followed down to Black Horse-court, and crossed over to St. Bride's church—the policeman collared me and said, "You are to come with me, you were with this man"—I never attempted to run away at all—Imerely went up, seeing the mob—I ran up just before the gentleman—I could have run away over and over again.
ELLIOT— NOT GUILTY .
HARRIS— GUILTY .— Confined Nine Months.
SUSAN DBNHAM . I am the wife of James Banham, a policeman, and live at Pimlico. On the 1st of June, about one o'clock, my attention was called to somebody walking in the passage—I went out, and saw the prisoner walking out at the door—I followed him and asked what business he had in my house—he could make no answer, but knocked me down, and then put the boots out of his apron on to the ground and escaped—I am sure he is the man—a constable came to my assistance—I missed the boots from the back parlour.
ALEXANDER M'CULLOCH . I am a policeman. I heard a cry of "Po-lice" —Iimmediately looked back, crossed the road, and took the prisoner into custody, seeing the prosecutrix on the ground—I looked behind and saw these boots on the ground, close behind where the prosecutrix laid—she said he had been into her house and stolen the boots, and in searching him, I found a pair of spectacles and case, and 1s. 8d.
GUILTY . Aged 44.— Transported for Ten Years.
NEW COURT.—Friday, June 18th, 1841.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 10.— Confined Six Months, the last Week in each of the Three last Months Solitary.
GUILTY . Aged 42.— Confined Two Months.
GEORGE BELLINGER . I live at Bedfont. On the 26th of May, the prisoner slept with me at George Simmonds's, at Hayes—when I went to bed I had a sovereign wrapped in a bit of paper in my pocket, and 6s. or 7s. in silver—the prisoner got up first—my sovereign was gone, and the silver remained in the purse—no one else was in the room to my knowledge.
Cross-examined by MR. BALLANTINE. Q. What time did you go to sleep? A. A little before eleven—I had been drinking a little, but not with the prisoner—he appeared to be almost drunk—I got up about a quarter before nine—the prisoner told me he found this sovereign—he did not offer to give me back 17s. 6d.—I had been playing at skittles, but not with him—I had been playing in company with him—I did not know much of him before.
COURT. Q. Did he tell you where he found it? A. No—he also told me he took it of his master—he was taken about four miles off at his usual work.
JAMES GODDARD (police-constable L 80.) I apprehended the prisoner. I said, "I suppose you know what it is for?"—he said, "Yes, about the sovereign"—he told me he changed it, and and spent part, but he would make it up to him—I found 7s. 6d., a halfpenny, and a farthing in his possession—Bellinger wished me to take him into custody.
Grots-examined. Q. What day did yon take him? A. On the 27th of May, at his work.
(The prisoner received a good character.)
GUILTY .* Aged 22.— Confined Six Months.
GEORGE SNAPE . I am a farmer, and live at Greenford. The prisoner was my labourer—I directed him to put a load of hay up for the market, thirty-six trusses in the load—he is generally allowed 40lbs. for his horses—I as not nice to a pound or two—that was laid on the top of the trasses I saw some hay the policeman took from him—I believe it to be mine, but I will not swear to it—it corresponds in every respect with my hay.
Cross-examined by MR. PHILLIPS. Q. You are a married man? A. Yes—he was to bring home four yearling calves with him from the market—he has borne a most excellent character—I would set him to work if he was liberated to-day—he says he took the hay to prevent the calves being hurt by the side—I think they required something to lie against.
JOHN CHAMP (police-constable B 137) I saw the prisoner in Uxbridge-road—I thought he had got more hay than he was allowed—I went and asked what hay he had—he said only what he was allowed by his master—he did not say any thing about the calves.
NOT GUILTY .
RICHARD WILSON . I am a wine and spirit merchant, and live in Drury-lane, Between one and two o'clock in the afternoon of the 31st of May, I was going along Drury-lane within a few yards of my warehouse—I met the prisoner coming out of my warehouse—he does not belong to me—he had a dozen of wine in my basket, which had my name on it—I went to ask who he was—my warehousemen told me they had not sent him out—I sent after him—he was brought back with the basket and the wine—it is mine.
Prisoner's Defence. I was out of employ, and waiting by the prosecutor's door—there was a gentleman at the door with the wine at his feet—I asked if he wanted a porter—he said, "Yes," and told me to take it to Charles-street.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Six Months.
SIMON WILLIAMS . I keep the Queen's Head public-house. About ten minutes to eleven o'clock on Friday evening, the 14th of May, the prisoner came to me. He asked if Hopkins was there—I said no, he was gone away long ago—he had a glass of something, and then went into the yard—I thought he was gone out—a person came and inquired for him, and my wife said, "He is in the yard"—I went and called, "Is any body there?"—no one answered—I got a light, and as I went past the privy the door was slammed to—I went past, and the person who was in the privy got out—I then went to the privy, and the place was all strewed with feathers—I went to the stable, and missed the fowls—I got two policemen and went to the prisoner's house—I asked what he had done with the fowls—he said he knew nothing about them—in about ten minutes they found the fowls, dead.
Cross-examined by MR. PHILLIPS. Q. How long have you known the prisoner? A. I did not know him before—I do not know how often he has frequented my house—I know nothing about his having spent 50l. in my house—he may have done so—I had a ride with him to the Forest one day—I do not know him well—I know he is not a constant frequenter of my house—I did not see him in the privy, nor see him come out.
HENRY GOULD (police constable R 79.) I went to the prisoner's house, and found two dead fowls, one at the back-door, and the other locked up in a shed—I found the prisoner in the house, and another man whose name I do not know.
JOHN KRAMER re-examined. The other man had been at the public-house that evening, but he left before the prisoner did—I saw the fowls safe about seven o'clock, and when I went to the privy it was half-past eleven.
MR. PHILLIPS called
MRS. WOODWARD. My husband is mate of a ship. On the 14th of May I had been out with the prisoner and two other men to the Forest—the prisoner returned with me—he was then drinking at Mr. Williams's from half-past seven o'clock till half-past ten—Mr. Williams saw me there—the prisoner was asleep half an hour on the table, when he was awoke up to come home—when he came home he went out again, and said he was going to fetch Mr. Hopkins to supper—he was gone half an hour—when he came back he threw down his hat off his head, and it remained till next day—there was no sign of any feathers in his hat, and when he came back his jacket was flying open.
MRS. DOWLING. I keep the house where Mrs. Woodward lives. I let the prisoner in about eleven o'clock that night—he was very tipsy—I saw no signs of feathers about his clothes—he lodged at my house four months, and had a good character.
NOT GUILTY .
ANDREW LEIOHTON LEITH . I am secretary to the London and Westminster Steam-boat Company. Charles William Christie is one of the trustees, and there are others—the prisoner was in the employ of the company for three seasons—he was to attend at Westminster-pier every morning, and receive from the chief-receiver small tickets which were put up in a book containing from 400 to 500, and to give each passenger one of them at his station, which was the Old Shades-pier, near London-bridge, on receiving 4d., and at night he was to account for each ticket which was not left in his book—these tickets enable the persons who receive them to land, and when they land they give them up—a Mr. Brown was employed to settle with all the collectors at night—he was the only person to whom they should account—on the 13th of May a communication was made to me by Tyrrell, who was a check-taker at Hungerford-market pier—it was his duty to receive a ticket from all persons landing there—in consequence of what Tyrrell said to me I communicated with the directors, and I then caused Tyrrell to mark some tickets and supply the prisoner with them from time to time—in consequence of what afterwards transpired I had the prisoner apprehended on the Tuesday week following—I was present when he was taken—he was searched in my presence, and this roll of tickets, screwed up together in a small piece of paper, found on him—he said they were thrown into his box on the Sunday night by the owners of the Old Shades-pier—the owners of the Old Shades-pier have no access to our tickets—neither the prisoner, nor any person employed in a similar capacity, are authorized to issue any ticket which is not in one of these books.
Cross-examined by MR. PHILLIPS. Q. How long had Tyrrell been in your employment? A. About ten or eleven days—less than a fortnight—the prisoner has been in custody since the 20th of May—two receivers have been discharged since then—one was discharged because the station was broken up, and the other because the Company had not confidence in him—we have another person in the prisoner's place—I have heard that Tyrrell has been in the police—he was recommended to our Company by the Eastern Counties Railway Company—the prisoner came most highly recommended to our employers by Mr. Seager, who attended here yesterday to give him a character.
Q. Are these check-books always regularly made up? A. Yes, in that way this one is—(looking at one)—each one should contain 500 checks—the yare sometimes incorrect, but that is explained at night—it is the duty of each check-taker to hand them to Mr. Brown at night, and the numbers ought to correspond with the numbers taken out of the books.
MR. BODKIN. Q. I see the checks in this book are numbered consecutively? A. Yes, from 1 to 500—it will happen sometimes that ono is placed erroneously, or one is short, and the receiver claims a right to de-duct any thing that is erroneous—the tickets should all be delivered up at night—we have nine stations—if the total number received did not correspond with the numbers accounted for that day, we should have no means of discovering at which station the fraud was committed.
WILLIAM TYRRELL . I am in the employ of the London and Westminster Steam-boat Company, and have been so since the 21st or 22nd of April—I am stationed at Hungerford station—it is my duty to receive tickets from persons who travel by the boats, and to deliver them up at night to Mr. Brown—I know the prisoner—he was in the Company's service
before me. On Tuesday morning, the 11th of May, the prisoner and I met at the station at Westminster in the ordinary way of business he called me on one side and said he wished to speak to me, which way did I leave Hungerford at night, I being the last person on duty—I told him which way I went home, and he said he should like to meet me at the Swan public-house, at the foot of Westminster-bridge—I agreed to meet him there, and did meet him from half-past nine to ten o'clock—he said to me, "Well, Tyrrell, our wages are very low"—I said, "Yes"—he said, "Well, I can tell you how they can be made better"—we walked round Cannon-row, and he wished me to go another way to elude Mr. Brown—we did so, and he said, would I supply him with six dozen of tickets a day, of his issuing from the Shades—I told him, well, I would consider of it—it would require some little consideration—he said, "Well, see what you can do to-morrow—I know what Hungerford is—you can supply some from there"—he said the general thing was to allow the collector 6s. a dozen, but for every six dozen I could supply him with, he would allow me 7s.—there was nothing more passed between us that night—I endeavoured to see Mr. Leith on the following day, but could not—I saw him on the Thursday, and I communicated to him what had passed between me and the prisoner—by Mr. Leith's direction, I marked three dozen of tickets on Friday the 14th of May, and supplied the prisoner with them—he did not pay me for them that day—on Saturday the 15th, I supplied him with three dozen more, and he paid me 7s. for the two three dozens; on Sunday the 16th, he had three dozen; on Monday the 17th, four dozen, and I received 8s. of him; on Tuesday the 18th, he had four dozen, and on Wednesday the 19th, four dozen, for which I did not receive any thing—those which I gave him on Wednesday the 19th, were rolled up in a round piece of paper—they were all marked and loose—they were tickets which had been collected on Tuesday, the loth—I collected five of those marked tickets at the Hungerford station—these are them—(lookingat them.)
Cross-examined. Q. What is that book you have in your hand? A. It is a list of the tickets collected at Hungerford—I am not aware that there is any thing but dates and numbers in it—I did not keep a minute of the conversation I had with the prisoner—when I first met him that night at the Swan public-house, he took me by the arm, and said our wages were very low, and if I could keep my word, and he thought I was a person he could depend upon, he could tell me how the wages might be made better; and when we got to Parliament-street, he made the proposi-tion—when he said he thought I was to be depended on, I said I was, or something to that effect—I think I am a man to be depended upon—I am as honest in my calling as you are in yours.
Q. So you listened to his proposition, and pretended to be friendly to him, and intended to betray him the moment you had opportunity, did you? A. Yes, the first opportunity I had to give the information I received—he said he wished me to supply him with six dozen tickets per day, and for every six dozen he would allow me 7s.—he named no other number to me—he said about six dozen.
Q. Did you never say that his proposition was from four to six dozen? A. His proposition was about six dozen—I might say from four to six—I could not swear to that now—he said about six dozen a day—he said 1s. a dozen was the regular price, but he would give
me 7s. for every six dozen—I said I would see, it required some little consideration—I did afterwards say, "Is that all, only 1s. out of 6s.?"—he said, "Yes, you know we run all the risks and hazards"—I believe I have not stated that before, because I was not asked the question—I have not invented it—I have worked some time on the Eastern Counties Railway—before that I was in the police for about seven years altogether—I resigned once or twice.
Q. They coaxed you back again, I suppose? A. No—my friends got me back—I left the first time to go to Sir Thomas Forbes Reynolds, as a watchman—I left of my own accord to go there, and after I was not required at Sir Thomas's any longer, I returned, and Mr. Day gave me a recommendation to go back into the police—I did not resign a second time—I was discharged for getting a drop of drink—I cannot swear how many charges were made against me before the one on which I was discharged—they were chiefly for drinking, I believe—I have been reported for talking to a person on duty—I cannot say how many times I was reported, it was not thirty times, it might have been twenty—I am not positive.
Q. I am told you got 100l. reward once, is that true? Witness. Did lever swear such a thing as that? Why did not you ask if I got 500l.? I never said so; I do not know what 100l. reward has to do with this business—I never got 100l.—I have got a reward for apprehending a person.
Q. Did you ever say you got it for shooting a man? now swear you did not, if you dare? A. No, Sir, nor nothing of the kind—the prisoner tried to take me in—I did not intend to trap him—I do not expect to get any promotion or reward for this—if any was offered me I would take it.
MR. BODKIN. Q. How long were you employed in the police? A. Almost seven years, and it is nearly seven years since I left it—I cannot now remember how many charges might have been made against me—they were for drunkenness, or talking on duty, or paltry reports.
SOPHIA BELCHAMBERS . I am the wife of a policeman. By the direction of the superintendent, I travelled several times by the boats of the London and Westminster Steam Company on the 17th and 18th of May—on the 18th I went to the station at the Shades-pier, near London-bridge—the prisoner was there receiving the money—I paid him 4d.—he had a book before him—he gave me a ticket which was lying by the side of the book—this is the ticket—it has been in my custody ever since.
ALLAN PHLILIPS (police-constable F 48.) I took some journeys in the steam-boats by direction of the superintendent—on the 18th of May I went to the Shades in plain clothes—I saw the prisoner there receiving the money—I paid him 4d., and he gave me this ticket, which I now produce—he had a book with tickets in it before him—he did not take this ticket from the book, but from under the desk—on Wednesday, the 19th, I took him into custody—I searched him, and found on him this roll of tickets, which I produce.
GEORGE BROWN . I am the receiver to the London and Westminster Steam-boat Company. It is my duty to receive at night what the collectors take in the day—they have tickets in the books, and are to account for all that do not appear in the books at night—on Tuesday, the 18th of
May, I settled with the prisoner—he did not account to me for any tickets except those which had been taken out of the book which had been given him that morning—for every 4d. that he accounted to me for that night there was one ticket gone out of the book.
WILLIAM TYRRELL re-examined. This ticket produced by Bellchambers is one I marked and gave the] prisoner—this one produced by Allan Phillips is one I marked and gave the prisoner—this roll of tickets found on him are what I marked and gave him, and these five which were brought to the Hungerford station on the 18th are what I marked and gave him.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined One Year.
(There was another indictment against the prisoner.)
MR. PAYNE conducted the Prosecution.
JOSEPH HEDGES . I am in the service of Mr. Thomas Steel in High Holborn. Between eight and nine o'clock on Friday evening the 4th of June, the prisoner came to my master's shop with a pattern shoe, and wished a pair of prunella shoes of the same size—I attended to her at first—after some time I had occasion to leave her to attend to a gentleman— there was another shopman present—the prisoner tried on some show herself, but not the prunella ones—the prunella pair were sold by the pattern shoe—I told her they were 4s. 6d.—she said she did not care about the price—after I had attended to the gentleman I came back to her—there were some morocco shoes on the back of a chair—the prisoner did not try on any of them—while she was in the shop, I missed one pair of these morocco shoes—she did not purchase any shoes for herself—she was to pay Mrs. Steel for the prunella shoes she purchased—I put them, and the odd shoe which she brought for a pattern, in a piece of paper—I did not put a pair of morocco shoes in the paper, or any others, I am quite sure—I observed the prisoner leave the shop—I followed her, and saw her two doors off—I overtook her about half-a dozen doors down Chancery-lane, going towards Fleet-street—I took her by the hand and asked her to come back to the shop—I do not recollect her saying any thing—she had a paper parcel in her hand—I took it out of her hand—there were in it one pair of prunella shoes, one pair of morocco shoes, and the odd shoe—the pair of morocco was one of the pairs that had been on the chair—I met a policeman and gave her in charge—I had then taken the shoes out of the paper.
Cross-examined by MR. CARRINGTON. Q. Do you know the prisoner is servant to Mr. Taylor, a barrister? A. Yes—he has dealt at Mr. Steel's shop—his family dealt there sometimes—Mrs. Howe, Mrs. Tay-lor's mother, is a customer—I did not know that the pair of shoes which the prisoner bought were for Mrs. Howe—I cannot say whether the pattern shoe was bought at my master's shop—I was at all the examinations before the Magistrate—the first examination was on Saturday the 5th, the second on Monday the 7th, and the third on Friday the 11th—I was not there on Friday—from each examination to the next she was bailed.
COURT. Q. Did you follow her immediately she left the shop? A. Yea—I kept my eye on her all the time—I must have seen if she did any thing
did not see her put any thing into the paper—I was not close enough to see that—I was looking more for a policeman.
LEONARD ABINGTON . I am shopman to Mr. Steel. I saw the prisoner in the shop between eight and nine o'clock—I attended to her while Hedges went to a gentleman—I showed her some shoes—I saw Hedges fold up one pair of prunella shoes, and an odd one—I saw two pairs of morocco shoes on a chair-back—I missed one pair while Mr. Hedges was wrapping the shoes up in the paper—my mistress was at the desk to I receive the money—the prisoner went up to my mistress and gave her some money, which I suppose was to pay for the prunella shoes, and while my mistress was getting the change, the prisoner went very fast out of the shop, almost ran—my mistress called after her with the change—she made no answer, but went out.
Cross-examined. Q. What was the expression your mistress used to her? A. She said, "Hey"—that was all I heard her say—Mr. Steel does hang boots and shoes outside his shop-window, over looking the parement.
COURT. Q. Did you watch the prisoner in the shop from the time you missed the shoes? A. Yes—if she had put any thing in the paper, I most have seen it—I did not see her.
HENRIETTA STEEL . I am the wife of Thomas Steel. On Friday evening, the 4th of June, I was in the shop when the prisoner came—Hedgesattended to her—she purchased a pair of prunella shoes to a pattern shoe—there were two pairs of morocco shoes on the chair which had been tried on a previous customer—I saw her try on shoes herself, but she did not purchase any of them—she came to the desk to pay for the prunella shoes and gave me two half-crowns—she appeared very much confused—I went to the desk to get change, and when I turned she was half way across the shop—I called to her to take her change, but she went out of the shop much faster—I saw a pair of prunella shoes and the pattern shoe put up in paper—after she was gone, Hedges put on his coat and bat and followed her.
Cross-examined. Q. Which of the examinations were you at? A. The last—I have never expressed a doubt whether I called to her to take the change—I do not recollect the words I used—the door of our shop is kept open.
CHARLES WALTER (police-constable F 138.) The prisoner was given into my custody in Red Lion-street, Holborn, on Friday night—Hedges said in her presence it was for shop-lifting—he gave me these five shoes, which I reacted turned to him—they were all separate—the prisoner said she was quite innocent, if I inquired at Mr. Sydney Taylor's I should hear about her character—she said she did not discover the shoes on her arm till the young man touched her in Chancery-lane, and she was about to return when, the young man touched her on the arm—she had 8s. 6d. on her.
Cross-examined. Q. Did not this pattern shoe come from your shop? A. I cannot say—I should say most likely it did.
MR. CARREINGTON called
MRS. HOWE. I am the mother of Mrs. Sydney Taylor—the prisoner is in her service. On the evening of the 4th of June, she asked to go
for a pair of shoes for herself—I told her to take a pattern shoe of mine, and bring me a pair of prunella shoes—it was bought at Mr. Steel's—I gave her 5s.—I gave her no limit as to the price—I have known her between two and three years—she has borne a decidedly honest and respectable character—she is very absent—you could not tell her two things at one time but she would forget one.
MRS. MARCUS. I am sister to Mrs. Sydney Taylor. I have known the prisoner the same time as Mrs. Howe—I agree with the character given of her.
MR. ROBERTS. I live on my own property in Lincoln's-inn-fields, I occupied a part of a house in Southampton-buildings, about four years since—it was let out in chambers—the prisoner was servant there for several months—she was subject to great absence—it was the subject of general complaint in the chambers—she was in the habit of going out without money to bring things, and returning without them.
MRS. COOPER. She was in my service between two and three years—during that time she bore a good character—the only fault with her was her forgetfulness.
NOT GUILTY .
EDWARD HIGGINS . I live at Apperton—I was at Mrs. Allen's beershop on the 11th of June—I fell asleep—I had 14s. 6d.—when I awoke Edward Carter came to me and asked me about the money—I found it was all gone—I know nothing of the prisoner.
EDWARD CARTER . I was in the beer-shop when the prosecutor fell asleep—I saw the prisoner and Abbey go out—Abbey had some money in his cap, and gave the prisoner some, and then the prisoner touched the prosecutor, and said, "Here is some of your money"—the prosecutor said, "No, here is only a few halfpence"—I said the next morning that he had the money, and I had part of it—I had 1s. 3d. which Abbey gave me to take care of for him.
Prisoner's Defence. The boy gave me a half-crown, two shillings, and a sixpence—that was all I saw of it.
GUILTY .* Aged 22.— Confined Three Months.
was a piece of carpet on a table outside—I saw the prisoner take the carpet—I ran after him, and held him till a person came to my assistance, and he was brought back with it under his arm—this carpet now produced is mine.
Prisoner. I am innocent of taking it from any furniture—I took it from the pavement—when she came to me I said, "You can have it if it is yours,"
GUILTY . Aged 27.— Transported for Seven Years.
RICHARD BRACKETT . I live in Gloucester-street, Queen-square. Between twelve and two o'clock in the morning on the 8th of June, I met the prisoner in Holborn—she began pulling me about, and by way of getting rid of her, I went to a public-house, thinking to leave Her there—I left her there with a full glass of liquor before her, and I left her to take the change—I slipped out, but she was out as soon as I was—I went on to Museum-street, and while there the prisoner suddenly left me, and I missed two sovereigns which I had had in my right-hand trowsers' pocket—I do not know how she got her band into my pocket, bat I will swear she did do it—I did not feel her hand in my pocket, but I know I had the sovereigns when I was in the public-house—I had the same coat on that I have now—I am not certain whether it was buttoned—I had wanted her to leave me, but I could not shake her off.
Prisoner. You asked what countrywoman I was—I said Irish—you asked if I could fight, and I said no—you was pulling two women about in the street—I went on, and you left them and tapped me on the shoulder, took me into a public-house, and called for a pint of ale—you got quarrelling with two women in the parlour—I went on, and then you came and charged me with taking two sovereigns—the money I had was my own.
WILLIAM EDWARDS (police-constable E 50.) I was on duty, and saw we prosecutor and the prisoner talking together—I passed them about twenty yards, and all at once the prisoner left him—she came on, and stooped down, and sounded first one sovereign on the pavement and then another—she then stood up, and was passing by me—I asked her if they were good ones—she said she thought they were shillings till she sounded them, and she asked me where she could get any thing to drink—I told her—the prosecutor came up and charged her—we took her, and found one sovereign, and at the station I saw her swallowing something with great difficulty.
GUILTY . Aged 26.— Confined Six Months.
1685. MICHAEL RAGAN and JULIA REDDING were indicted for stealing, on the 1st of May, 216 handkerchiefs, value 17l.; and 7 1/2 yards of cambric, value 3l., the goods of John Horatio Canning; and that Red-ding had been before convicted of felony.
MR. BODKIN conducted the Prosecution.
ROBERT ROGERS . I am in the employ of Mr. John Horatio Canning, of Wood-street, Cheapside. On the 1st of May I went with a gig to Shoolbred and Cook's, in Tottenham-court-road—I had a lad in the gig—I went into the house, and had occasion for a parcel that was in the gig and the lad brought it to me into the house—when I came out I missed a parcel that had been in the gig, containing eighteen dozen of handkerchiefs and some cambric, worth about 20l.—these articles produced are part of the goods—there is a private mark on them that I can identify, and I also recognize this wrapper that is round them.
DAVID CHARLES WATERS . I am in the employ of Mr. Franklin, a pawnbroker, in Tottenham-court-road. I produce two handkerchiefs which were pawned by Redding for 9d., on the 1st of May, about four o'clock in the afternoon.
EDWARD FAULKENER . I produce twelve other handkerchiefs, pawned by Ragan on the 1st of May, about half-past three o'clock in the afternoon, Ragan. I never pawned any. Witness. Yes, you did, you were rather intoxicated.
WILLIAM BALL . I keep a shop. On the 1st of May, about four o'clock, Ragan came and said, did I want to buy a duplicate of twelve handkerchiefs that he had just pawned—I declined having any thing to do with them.
Redding. I was standing at my door—Ragan and another man came to me—the other man asked me to hem these handkerchiefs for him—I took them, and before I had time to do it the other man came and asked me to pawn them, which I did, where I generally pawn things.
RAGAN*— GUILTY . Aged.
REDDING— GUILTY . Aged 22.
Transported for Seven Years.
JOHN CROWTHER DREW . I am a hosier, and live in Burlingtonarcade. About ten o'clock in the morning of the 29th of May, on my coming into the shop, I found the prisoner and another person looking at some handkerchief's which my wife was showing them—she left them, and I served them—after looking at three handkerchiefs, they said they would not have either of them, and wished to look at some others—I told them to look at those hanging about the shop—they fixed on one at the top of the window, arid desired me to get it down, the prisoner saying he would have it—I went to the other end of the shop to get the steps, and I missed a handkerchief off the counter—I made no observation, but got the handkerchief, and showed it to the prisoner—he said he would have it, and I must give him change for a 5l. country bank-note—I said I would do so—he put his hand into a side-pocket in the flap of his coat, and seemed to have a good deal of trouble in getting something out—in doing so he rose the flap of his coat—I saw a handkerchief similar to this, quite new, hanging out
of his pocket—I took the note, went to the door, beckoned the constable, and charged the prisoner with stealing the handkerchief—he had his hand in his coat-pocket at the time, and we proceeded to search him—the next minute I saw the handkerchief on the floor.
Cross-examined by MR. PHILLIPS. Q. Have you here before? A. Yet, on two occasions—I appeared against a man one sessions who was I acquitted, and the other time the bill was ignored—they were both for handkerchiefs—the Judge that tried Johnson told me to go home as fast as I could, I should be robbed before I got home—I said I would never prosecute again as long as I lived—I said to the officer that I was sure the 5l. note was a forgery, but it proved to be a good one.
EDWARD WALTER . I am a constable of the Burlingtonarcade —I was called by the prosecutor about ten o'clock in the morning—he accused the prisoner of stealing a handkerchief—he told me he had it in his pocket—I was going to examine, but he dropped the handkerchief from his coat on the floor—it dropped from some part of his person.
Cross-examined. Q. Did not the prisoner deny it? A. He did—I said, "How can you say so, when it has just fallen from you?"
COURT. Q. Was the prisoner near the counter? A. Half a yard from it.
NOT GUILTY .
CHARLES SURREY WRIGHT . About half-past nine o'clock, on the 3rd of Jane, I went from my shop, in King-street, Covent-garden, leaving my coat on the horse—I came back, and saw the prisoner leaving the shop—he had the coat with him—I took him and the coat.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy.— Confined Ten Days.
MARY TUNSTALL . I am the wife of Matthew Tunstall, and live in Hooper-street, Lambeth. On the 14th of May, at a quarter before eleven o'clock, I brought my husband's watch up stairs, and placed it on the top of the drawers—I then went out for a quarter of an hour—the window was fastened down in the morning—when I came back it was open—the street door was fast, and I had the key—I went to see what time it was, and missed my watch—the room door was locked as I left it—I do not know how any, one could get in.
Cross-examined by MR. CLARKSON. Q. Did you know him before? A. Yes—he gave his proper address, "James Hawkins, Falconalley, Turnmill-street"—he is a fish salesman—the watch would be worth a guinea to a wearer.
JOHN ARCHER (police-constable G 150.) I took the prisoner, and found the ticket of the watch at his house—he gave me his address, and told me the ticket was there—he said, "Yes, I have pawned it; I bought it of a man in Smithfield for a guinea."
NOT GUILTY .
Sixth Jury, before Mr. Sergeant Arobin.
STEPHEN THORNTON (police-constable E 4.) On the 21st of May, about five o'clock in the afternoon, I saw the two prisoners at a trunkmaker's shop in Holborn—I went to ask, after they had left, what they had been for—then went after them, and asked what they had got—Williams said it was I some work her brother made, and she was taking it home—I took them to the station, and in going along I found these mats in the portmanteau which Williams was carrying—Scott said, "Don't be frightened, you have done nothing"—both of them said they hawked these mats—I then took out these nails, and asked what they were—they said they were nails they sold for clock nails, but they are mop nails—they were in the portmanteau.
ROBERT HOWARTH . This is my property—it was taken from Broad-yard the evening before, at the prisoners' residence, where I had left it the night before—I was going home, called at a public-house, and the prisoners asked me to give them a drop of gin—I left the case in their room —I came out, and sat on the stairs—I fell asleep, and they locked me out of their room—I never saw them before—I did not consider that I had left it behind—I went the day following for it, and it was gone.
NOT GUILTY .
JAMES WHITE . I deal in furniture, and live in Ossulston-street, Somers Town. I got up at half-past four o'clock, on the 3rd of June, but was ill, I laid down again, and left the key of the door outside—at a quarter past six o'clock I heard the door open and shut—I thought I saw a woman's gown going out—I cast my eyes on the drawers, and missed one volume of Gregory's Encyclopaedia—I had not known the prisoner before—she came there again in the afternoon, very intoxicated—I said, "I shall give you into custody; you have robbed me of a book"—I did so—this is my book.
WILLIAM KNIGHT . I am an oilman, and live in Somers Town. The prisoner came to me about seven o'clock in the morning of the 3rd of June, and asked me if I wanted to buy any waste paper—I asked what sort—she produced this book from under her shawl—I said, "I can't buy that"—she said, "I have four children at home crying for bread, and have not a penny; if you would buy it you would do me a great charity"—I gave her 1s. for it.
Prisoner's Defence. I did not intend to steal it; I intended returning it when I had 1s. to get it; my children were crying for bread; I had no other resource; six months since my husband burst an artery, and was taken to Middlesex Hospital.
GUILTY . Aged 31.— Confined Six Months.
1691. GEORGE LAMBERT , was indicted for stealing, on the 24th of May, I horsecloth, value 1l.; 1 horse'shood, value 1l.; 1 breast-cloth, value 7s.; 1 padcloth, value 3s.; and 1 roller, value 8s.; the goods of Dudley William Carleton.
HENRIETTA MARSHALL . I am the wife of George Marshall, who is employed by Sir Richard Carleton. The prisoner was in the service of his son, Dudley William Carleton—on the 24th of May the prisoner was discharged—he came to me at North Briton-mews, after his linen and his clothes—he said he had got a situation to go abroad—I gave him his linen and clothes—he went into the saddle-room, came out, cleaned his shoes, and then went into the saddle-room again, and closed the door—I went down, and in five minutes he came down, with his carpet-bag and a bundle—he asked me to assist him up with his carpet-bag, which I did—he said be should come and see me and my husband the next morning—I then went up into the saddle-room, and saw the clothing had been disarranged—I could not miss any thing, not knowing what there was—I let it remain till the next morning—I told my husband of it—these things were missing—there was no one else on the premises but the prisoner and me—I know this is the property of Dudley William Carleton.
JOHN LOSTER . I am a constable of Buckinghamshire. From information I received, I went, on the 26th of May, to the house of Joseph Lambert, the prisoner's father, at Thornhill—I found the prisoner there—I found this property there.
GUILTY . Aged 21.— Confined Three Months.
ELIZABETH PRICE . I am the wife of Joel Price—we live near the Regent's-park—I keep a stall in the street, and sell breakfasts to poor people. On the 3rd of June the prisoner took a pound of sugar while we were loading the truck at the door—my husband followed him—he was brought back—he threw away the sugar, and the officer picked it np—it was mine.
GUILTY . Aged 10.— Confined Six Days, and Whipped.
WILLIAM BUTCHER (police-constable D 183.) On the 10th of June I saw the prisoner, about a quarter before four o'clock in the morning, coming from the Uxbridge-road, and going towards Colchester-terrace, which is about a mile from London, on the Bayswater-road—he had a bundle under his arm—I called after him three times—he did not stop—I ran to him, and asked what he had in his bundle—he said, a live tame duck, which he had picked up in the road, coming from the Swan, in the Bayswater-road—I said it was not his, for I had seen it a few minutes before in Mr. Smith's premises—I took him into custody.
Cross-examined by MR. DOANE. Q. I believe he was not quite sober? A. No—here is the duck.
JOHN SMITH . I cannot say that this duck is mine, as it has been so long out of my possession—I had one similar to it—it was a drake, and so is this—I lost it yesterday week—I believe the one I saw at the station was mine.
Cross-examined. Q. You would be very sorry to take your oath that this is your duck? A. I should not like to—drakes are very similar—my name is John Smith—I went by the name of Jones for thirty years—I was a love child—the person who brought me up was named Jones—I got married when I was thirty, in my proper name—I never went by the name of Cannier, or by any other name than Jones or Smith—I am now thirtyeight years old—they now call me Jones in common—I have been in difficulty, and was a bankrupt—I then went by the name of John Smith.
COURT. Q. Is not this your signature to this deposition? A. Yes—it was read over to me—(reads)—"I live near the Swan, at Baymter—the duck produced is my property"—that was true—it was my property.
(The prisoner received a good character.)
GUILTY . Aged 38.—Recommended to mercy by the Jury.— Confined Three Weeks.
HENRY CLARK . I am a fishmonger, and live in Aylesbury-street. This is my time-piece—it was lost off the parlour mantel-shelf—I missed it when I got up on the 6th of June, between five and six o'clock in the morning—I know the prisoner, by his living opposite—I received information, and found it at Mrs. Johnson's.
CHARLES GUNNING . I know the prisoner. I met him on Saturday night, the 5th of June, in Aylesbuiy-street—he had the time-piece in the bib of his apron—he said it was his mother's, and cost three guineas, and he was going to Goswell-street with it—he asked me to go with him, which I did—he went to a pawnbroker's with it, but it being past eleven o'clock at night, they would not take it in—he asked me to carry it, and he went to Mrs. Smith's, and asked her to let him have 3s. on it, and she would not—he then told me where he got it—he went and got half-a-crown on it, at Mrs. Johnson's.
Cross-examined by MR. CLARKSON. Q. What business do you follow? A. I am a shoemaker. I lived at a public-house about three years ago—I never was in jail but once, and then I was brought in innocently—I stole 18s. 9d. from Francis Forrest, but that is a long while ago—I suffered for stealing a loaf of sugar from Mr. Waddington, but I was asked to carry it, and I never mean to do so any more—I do not know whether the prosecutor told me to say that.
SUSANNAH JOHNSON . I live in Aylesbury-place. I know the prisoner, he brought this time-piece to me on the 5th of June, a few minutes before twelve o'clock at night—he said it belonged to his brother, and he was too late for the pawnbrokers, and would I oblige his father with the loan of half-a-crown on it—I did so.
NOT GUILTY .
JAMES LAWRENCE . I am steward of a ship. On the 11th of June I was in company with a friend, and we fell in with the prisoner and another girl in Phil pott-street, St. George's, about half-past twelve o'clock at night—we all went to a house in Hungerford-street—my friend went up stairs with the other girl, and I was down stairs with the prisoner—I was to sleep with her all night, I paid her 5s.—I was sober—I had at that time 3l. 9s. 6d. left in my purse—I took the three sovereigns out of the purse, which was in my waistcoat-pocket, and put them into my watch-pocket—I was awoke in the morning, about half-past three o'clock, by hearing the door banging, and the prisoner came into the room—I asked her where she had been—she gave me an answer, and came to bed again—I missed my three sovereigns about half-past five—the prisoner was up, but she was in the room—I told her of it, and said nobody had been near the place, and the money could not go without any body being there—she said she knew nothing about it—I put on my clothes, got a policeman, and gave charge of her—she did not leave the room before I put my clothes on, but she might have done so when I left to get the policeman—I believe she must have taken the money.
Cross-examined by MR. PAYNE. Q. What ship did you belong to? A. The Warrior—I was quite sober—I had taken, as usual, a glass of hot gin-and-water when I was going to bed—I live in the Commercial-road, about five minutes' walk from where this happened—I am single—I had drank very little indeed that day—I might have bad two or three glasses of ale in the day—the prisoner denied all through that she had ever seen my money.
(The prisoner received a good character.)
GUILTY . Aged 24.— Confined Six Months.
WILLIAM JONES (Thames police-constable, No. 27.) On the night of the 1st of June, I stopped the prisoner in Charles-street, St. George's, about half a mile from the place this copper was taken from—he was carrying this copper in a bag—I asked how he came by it—he said a man had just employed him to carry it—I saw no man near him—I took him, and found the owner of the copper.
ELLEN MARIA POULSON . I live in Mr. Knight's house—this copper was fixed in a washhouse there—I saw it safe when I went to bed on the 1st of June—when my attention was drawn to it it was gone—I do not know the prisoner, nor how the parties got into the washhouse.
Prisoner's Defence. I met two men, who asked me to carry it, and said they would give me 6d.
GUILTY . Aged 17.— Confined Six Months.
1697. LYDIA FORD was indicted for stealing, on the 30th of May, 1 pair of boots, value 2s. 6d.; 1 petticoat, value 1s. 1 pair of stockings, value 6d.; and 1 bag, value 6d.; the goods of Thomas Pankhurst.
ANN PANKHURST . I am the wife of Thomas Pankhurst; we live in Banner-street, St. Luke's; the prisoner lived servant with the landlord of the house—I went out on Friday, the 28th of May, and remained away till the following Thursday—I had left the key of our apartment with the landlord, to give to my husband—when I came home I found the prisoner was in custody for robbing her master, and on going to my room I missed the articles stated—they were afterwards found upon the prisoner—they are mine.
GUILTY . Aged 15.— Transported for Seven Years.—Recommended to the Penitentiary.
RICHARD NICHOLSON . I live with Mr. James Hiscock, a shoemaker in Bell-street, Marylebone. I was in the street on the 14th of June, and saw the prisoner coming towards me with these two pairs of boots in his hands, which he had just taken from outside our door—I took from him the pair which he had in his left hand, and he struck me with the pair which he had in his right hand—he was a stranger to me.
Prisoner's Defence. I stumbled against the boots, and knocked them down; I was going to replace them, when the man came and gave me in charge.
GUILTY . Aged 22.— Confined Three Months.
WILLIAM SMITH . I am the son of William Smith, he lives in Lower-street, Islington. On the 8th of June I heard something at the door where we bad some shoes hanging—I got up, went to the door, and saw the prisoner—when she saw me she dropped this pair of shoes from her hand—she was about two yards from the shop—I called a policeman, and gave her in charge—I had known her before—these shoes are my father's.
Prisoner's Defence. I did not want to steal them; I said to a young woman, "These shoes are just the size of mine; "I touched them, and they fell down.
GUILTY . Aged 16.— Confined One Month.
HENRY TAME . I live at No. 17 wharf, Wharf-road, Paddington. I keep fowls—I lost one on the 11th of June—I saw the one the prisoner had, it was mine—I had employed the prisoner, and would have employed him regularly, but he would not work.
WILLIAM PARSONS (police-constable D 182.) About a quarter before two o'clock, on the morning of the 11th of June, I was on duty in the Harrow-road, and I saw the prisoner with two other boatmen—the prisoner had something bulky under his smock-frock—I followed him, and asked what he had got—he said, "Nothing"—I said he had—he then said, what he had got was his own—I pulled up his frock, and found this fowl with its neck twisted, but it was not quite dead—the prisoner and his companions were then about one hundred yards from the prosecutor's, bat I had seen them before, about thirty yards from his place—I took the prisoner, and found the owner of the fowl—I found his gate had been opened.
Cross-examined by MR. PAYNE. Q. What became of the other two men? A. One of them was taken, but as he had no property on him he way discharged—the other made his escape.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Three Months.
JAMES BARTLETT . I am steward of the ship Norval, which was in St. Katherine's Dock. On the 8th of June I went into the Dundee Arms public-house, in High-street, Wapping, about eleven o'clock at night—I was very sleepy, as I had been up four or five nights—I fell asleep, and awoke about half-past four—when I went in I had two sovereigns, a half-sovereign, and some silver, and my watch, seal, and key—when I awoke I saw the prisoner close alongside of me—that was the first time I bad teen her—I missed my watch, and I accused her of it—I said, "Where is my watch?"—she said, "What watch? I know nothing about it"—I said, "You deliver it up to me"—she said, "I have got a comfortable room, come home with me, and I will find your watch"—she went out, I followed her, and said, "You had better give it up, or I will give you in charge"—she said once or twice that she had not got it, and then she again said, if I would go home she would give it me—I missed a sove-reign, but that I might have lost, I cannot say—this is my watch.
SAMUEL WAKELING (police-constable H 174.) I took the prisoner—I said to her, "Where is the watch?"—she said, "I know nothing about it"—I said, "I will have none of your nonsense, give it up to me," and she pulled it out of her bosom, and gave it up to me—I said, "Now I want the sovereign"—she said, "I have got no sovereign, and know nothing about it"—I took her to the station, but nothing was found on her.
Prisoner. I told the prosecutor I had the watch in my bosom; I said, "Come home, and have an hour or two's sleep, and go on board at seven o'clock; "I saw him at the Dundee Arms; he was tipsy, and I took the watch to take care of; when he awoke, I said I had the watch, and he said, "It is all right, take care of it."
GUILTY . Aged 25.— Transported for Ten Years.
OLD COURT.—Saturday, June 19th, 1841.
Second Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 49.— Confined Six Months.
1703. HENRY HARGRAVE was indicted for stealing, on the 28th of May, 1 jacket, value 1l. 10s.; 1 waistcoat, value 10s.; 1 pair of trowsers, value 15s.; 2 shirts, value 3s.; 1 pair of drawers, value 2s.; 1 pair of shoes, value 1s. 6d.; 1 hat, value 2s.; 1 handkerchief, value 6d.; and 1 pair of stockings, value 6d.; the goods of Henry Holmes, in a vessel in a port of entry and discharge; to which he pleaded
GUILTY . Aged 17.— Transported for Ten Years.
1704. MARGARET SARSFIELD was indicted for stealing, on the 30th of April, at St. Mary, Islington, 30 sovereigns, and 10 half-sove-reigns, the moneys of Robert Sanderson, in the dwelling-house of Elizabeth Duddell.
MR. CLARKSON conducted the Prosecution.
ROBERT SANDERSON . I am a gentleman, living on my property. Since the 19th of April last I have lodged at the house of Mrs. Elizabeth Duddell, No. 4, Alfred-street, River-terrace, in the parish of St. Mary, Isling-ton—the prisoner was her servant, and had access to my room—on Tuesday, the 27th of April, I put 200l. in sovereigns and half-sovereigns, into a tin box, which I covered with pasteboard, and put into a blue bag, and into a drawer in my bed-room—I locked the drawer, and kept the key—I never parted with the key—on Sunday the 2nd of May, the prisoner left the service—on the Tuesday after, I went to my drawer, and found the lock broken, and a piece of the wood adjoining the lock torn away—it appeared that, the bolt of the lock had been pressed down—I opened the drawer, and missed from the tin box 40l., consisting of sovereigns and half-sovereigns.
ELIZABETH DUDDELL . I am a widow, and live at No. 4, Alfred-street, River-terrace—the prisoner was in my service, as maid of all work—I took her from the workhouse a month on trial out of charity, as she was a poor destitute girl—she told me she had no home, no father or mother, or any where to go to, in consequence of which I treated her with the greatest kindness, and allowed her to sit at table with me—on Sunday moving, the 2nd of May, I put her breakfast before her in the usual way—at that time I had not the slightest notion she was going away.
Prisoner. She had a week's notice from me; how can she deny it? Witness. On my oath, I had not the least notice that she was going—she had been with me six weeks then—she had not a farthing of money of her own, nor a change of linen—in the course of the morning I found she was gone, and had left her breakfast untouched, and her clothes behind her—she had had 2s. and a pair of shoes while with me, and 9d. she spent of my money, and came home drunk one night—Mr. Sanderson told me on Tuesday that he had lost forty sovereigns—my son is of weak mind—in consequence of what he told me I looked into the kitchen drawer for a spikenail which was found.
Cross-examined by MR. PHILLIPS. Q. Did you send her to the play one night? A. I did not send her—she went with my niece one night, and she asked me for the money to go with—that was not the night she spent my money—I knew of her going to the play, and she came home very comfortably that night—she came home drunk three or four nights—I was too humane to send her away, having daughters of my own—I was sorry for her, as she told me she had no father or mother, and all the while she has a father and mother, and a good home—I do not know where it is—my boy can tell you about it—I did not know she had a home till her father was taken into custody as well as her—she has a mother-in-law, I believe—I never saw her—only myself and son live in my house, besides the prosecutor—my daughters do not live at home—the prosecutor's door was always open for the prisoner to go and make his bed—no one else went there.
WILLIAM DUDDELL . (This witness was represented to be of imbecile mind)—I know what an oath is—it is taking a solemn oath that she opened the top drawer on Friday, the 30th of April—I do not do any thing for my living—if I speak untruly 1 shall go to the devil (sworn)—I am thirteen years old—I know Mr. Sanderson's bed-room, and the top drawer—on Friday, the 30th of April, the prisoner took a spike-nail out of the back kitchen drawer, went up stairs, and opened the top drawer—I said, "You are doing a wrong thing, you know you are"—she opened the bottom drawer, took a napkin out, and wrapped the money in it—I do not know what she did with the spike.
Q. When you saw this, why not tell your mother? A. I did not know at the time that she bad done it—a thought came into my head—I knew she had been doing wrong—I did not give it a thought till a thought came into my head.
Cross-examined. Q. Was your mother in the house at the time? A. She was—it was about twelve o'clock last Friday, the 30th of April—the prisoner had breakfasted—I did not know at the time that it was done—I saw her doing it—I told my mother of it when the prisoner ran away—I told her of it on the Friday—I do not know when she ran away—I suppose it was the Friday following.
Prisoner. The drawer was always open.
ELIZABETH DUDDELL re-examined. My son has been in this imbecile state for several years—he is turned twenty years of age—he told me of this on the Tuesday, when the policeman came to the house, and not till then.
THOMAS MASON . I keep the Brown Bear public-house, in Worship-street. On Monday morning, the 3rd of May, the prisoner came to my house with a great many persons, and treated them with different kinds of liquor—I saw her with some sovereigns, I should say about nine, and some silver and halfpence—she told me she was a servant girl, and lived at No. 4, River-terrace, City-road, and that she had come out for a holiday—I said, "It is a pity you should have all this, money in your pocket, you had better leave it with me," and she left eight sovereigns with me—I persuaded her to do so, as I thought she was wasting her money—she was tipsy—she returned in the course of the day, and had a sovereign, and then another—she had seven sovereigns altogether out of the eight—I cannot exactly say what she had that day—I think she had 10s. in silver, and another sovereign—2l. 10s. altogether, on Monday—she came again
on Tuesday, and drew some money—I cannot say how much—on Thursday she came for the rest, and said she was going into the country—I said, "If so, you will be apt to lose or spend your money, you had better leave a sovereign with me," which she did, and I have it now—I kept the money for her out of good nature.
Cross-examined. Q. Did you know her before? A. No—I had never seen her before—she said she lived servant at No. 4, River-terrace—I am sure she did not say Alfred-terrace—I asked her how she came by this money, and she said she had been taking her wages—I thought she was a respectable young woman—I did not know that she would tell me wrong—there were a great many people in the house, and they persuaded me to take the money for her—she was nearly tipsy the first day she came—it was then she told me where she lived—I did not go to River-terrace and inquire for her—she kept coming, and others with her.
JOHN RICHARDS . I am a trunk-maker, and live in Bunhill-row. I sold the trunk now produced, to the prisoner, in the middle of the week before I saw her at Worship-street—she paid me 4s. in silver for it—there was a woman with her.
Cross-examined. Q. Did you ask her who she was? A. No—she took it away with her.
WILLIAM HOLLAND (police-constable N 146.) On Monday night, the 10th of May, in consequence of information, I went to Vine-street, Liquorpond-street, and remained at the top of Lucy-court, which runs into Vine-street, watching for the prisoner—in about an hour she came out with another female, not in custody—I followed them, and saw the prisoner get into a cab—I followed her—she had scarcely seated herself in the cab before I put my head in, and said, "Miss Sarsfield, I want you for stealing forty sovereigns, the property of your master"—she said, "Me?"—I said, "Yes, you know me, don't you?"—she said, "Yes, I do"—I was in plain clothes—I then asked the cab man, in her presence, where he was going to drive her—he said, "To Whitechapel"—I told him to drive to Robert-street station, which he did, and when the prisoner was safe there, I got a light, and at the bottom of the cab, on the side where the prisoner had been sitting, I found a key and a duplicate for a piece of linen, pledged on that day—I took the key and duplicate into the station, and said to the, prisoner, "I have found this key and duplicate in the cab, are they yours?"—she said, "No"—I said it was no use, they were hers—I then said, "You will save me a good deal of trouble if you will tell me the number of the court in which you live"—she said, "Well, it is No. 10, Lucy-court, and that is the key of my box"—I went to No. 10, with another officer, and in an up-stairs room I found a box containing six new dresses, fourteen or fifteen pairs of new stockings, a card of new lace, and a variety of other articles, all new—I took them to the station—I afterwards went to the prosecutor's house and examined the top drawer, and I have no doubt it was opened by a nail which was brought from the kitchen drawer—I saw it applied to the drawer in the prosecutor's bed-room, and it exactly fitted the marks—the drawer had been broken open by violence.
(MR. PHILLIPS stated on the prisoner's behalf, that she left her mistress in consequence of her illtreatment; that on that same evening she met a gentleman by appointment, who gave her 10l., with which she purchased ten new articles found in her box, an she was to accompany him on the Continent
—that she also subsequently received 5l. from another gentleman, and that the duplicate found by the officer was not hers.)
GUILTY . Aged 16.— Transported for Ten Years.
Before Mr. Justice Wightman.
MR. CURWOOD conducted the Prosecution.
MARY ANN DEVEREUX . I live in Pell-street. I lived in the adjoining room to the prisoner—on Friday, the 4th of June, at six o'clock in the morning, I saw the prisoner sitting on the stairs crying—she tried to get into her room, but could not, as her door was locked—she went out and came in again—her husband had not returned—he came home at nine in the morning—she came up stairs in a few minutes after, went in-doors, and went to bed—her husband went out again, and returned between five and six in the evening—as he was approaching their room door, she caught hold of him by the collar of his smock frock, and knocked him down—he was intoxicated, and in pulling him he fell on his back in the room—it was on the second floor, at the top of the stairs—I was in my room at the time, and could see what passed—when he was on his back on the floor, she hit him with her open hand on his head—she said something, but I did not hear what it was at that moment—he got up, and they were very quiet for pretty well half an hour—she then went out and brought in a pint of beer—I do not know who drank it—he afterwards came to the door, and stood there about three minutes—she then came behind him, put her two hands to his back between his shoulders, and threw him out on the stairs—he was still intoxicated then—he laid on the stairs—I called for assistance—nobody came—he laid on the first step of the stairs across—his head was towards our stairs, on the first step, and his feet towards his own door—he was lying on his belly—he laid against the side of the stairs, not against the edge—he was a short, heavy, stout man—his nose or mouth bled, I do not know which—he fell forward on the side of his face—I saw blood about his cheek—he did not lay there above three or four minutes before the policeman came—I saw him taken up—he was then dead—he was dead before they came—when the prisoner pushed him down, she said she would kill him—I did not hear them quarrelling before she did this—when he came in he never spoke to her—as far as I saw this was done without any provocation—he did not know she was coming—his back was towards her, and his face towards our door—he never moved after he fell—he did not fall down any stairs—he fell across the step of the next flight going up.
Prisoner. This person has been quarrelling with me, and so have the other witnesses—she does not know what passed between my husband and me in the room—I had no intention to hurt my husband—I was always too fond of him. Witness. They used to fight very much—I have lived in the house about two years—she has lived there about a twelvemonth—they were always fighting and quarrelling—I lived in the opposite room to them—it was while she was pushing her husband that she said she would kill him, and after he laid on the stairs she came out and kicked him—I never quarrelled with the prisoner—I always obliged her with every thing she wanted, that laid in my power—when intoxicated she has often insulted me.
Prisoner. We were quarrelling the night before—she abused me, and called me every thing. Witness. It is not true.
ALICE WILLIAMS . I resided in the same house with the prisoner and her husband, one story lower. About six o'clock on the evening in question, I was at home when the prisoner's husband returned—I heard a few words pass between them—I think they were angry words—I heard her say, "I wish you were dead"—that was about half an hour before this happened—they were quarrelling—I was afterwards standing at the opposite door to the prisoner's, at work—I could see their room door—I saw the man come to the door—he stood there a few minutes—she came behind him, put her hands on his back, and shoved him forward with all her force—I did not hear her say any thing at the time—I was at the doorpost—the stairs were between us—I could see distinctly all that happened—he fell with his feet out at his own door, and his head on the first stair of the next flight of stairs—there are four stairs go up each side, and a little bit of landing parts them—he was not sober—he never spoke more—he breathed three times—I did not see any blood till he was picked up, I then saw some, and a piece of bread in his hand—I did not see what part of his face he was bleeding from—he was picked up in less than five minutes.
Prisoner. This person has always been my enemy, and always said she wanted a lark; she called me a goat, as I am a Welsh woman, and made fun of my husband, who was a foreigner; she killed a cat of mine, and was always at me, and called me an old cripple. Witness. I did not; I had not spoken to her for a fortnight, nor she to me, because she quarrelled with me before that, and I would not take any notice of her—I never jeered her, nor ever killed any thing in my life.
ELIZABETH WINCH . I live in Thomas-street. I was sitting in Mary Ann Devereux's room, and heard the prisoner and her husband quarrelling—I afterwards saw her come behind him, shove him by his two shoulders, and he fell down—she did not say any thing at the time she pushed him—I am quite sure she did not.
WILLIAM NORMAN . I am a policeinspector. I was called in on the evening of the 4th of June, and found the deceased lying with his feet against the door, and his head on the opposite steps, quite dead—I immediately sent for Mr. Garrett—I did not perceive any blood about his head and face then—the prisoner afterwards said to me, "Is he dead?"—I said, "Yes"—she said, "Thank God for it, I have done it myself," or "Is be dead? I have done it myself, and thank God for it"—she had been in liquor.
Prisoner. Q. Did I not ask you all the night how my husband was? and you said he was getting better? A. No.
MARK BROWN GARRETT . I am a surgeon. I was called in to this man—I found him lying on the stairs, as described: when I raised him up there was about a pint of coagulated blood upon the stairs; I observed a number of bruises and cuts about the head, which were the consequence of one fall; there was an abrasion on the upper part of the head, a contused wound on the left eyebrow, about half an inch in extent, a contusion on the left side of the lower lip; the bones of the nose were fractured, and the nose was driven on one side; those were the principal injuries which I observed, all of which might have happened by a man falling on his face on one stair—I made a post-mortem examination in the morning; I ex-amined
the throat, and found the cartilages of the windpipe, which were ossified, driven back towards the neck; the seventh bone of the neck was fractured, driven somewhat forward, and a portion of the body of the spine splintered or chipped off, and held on merely by the surrounding soft parts—in my judgment, those injuries were quite sufficient to cause death—the immediate cause of death was the pressure on the windpipe, producing immediate suffocation, the cartilages being driven together, and no passage left for the air—I have not the least doubt his death was occasioned by this fall.
(The prisoner, in a long defence, stated, that the witnesses were abusing her, and her husband was going to speak to them about it; that she laid hold of his frock, to prevent him, when he obstinately pulled himself forward, and fell.)
JURY to WILLIAM NORMAN. Q. You seem to be uncertain as to the exact expression she used; might she not have said, "Thank God, he did it himself?" A. I am quite certain it was not that—when I got to the door I found she had locked herself in—I knocked, and asked her to open the door—she would not—I threatened to bunt it open, and then she opened it and said, "Is he dead?"—I said, "Yes"—she said, "I did it myself, thank God for it," or "Thank God, he is dead, I did it myself"—the doctor heard the same words.
MR. GARRETT re-examined. She made use of some expression, but I am doubtful as to the precise tenor, I did not pay much attention to what she said—when we went to her room the door was fastened inside—I had known the deceased during his life, and was in the habit of seeing him; when in liquor he was very obstinate, and I think it very probable, having previously quarrelled, he might, on her attempting to pull him back, very obstinately get away from her; I recollect attending him on one occasion under a state of excitement, and he was of a peculiarly obstinate, stubborn disposition—the stairs are very peculiar, almost perpendicular; there are four steps leading to one room, and four to the opposite room, with one four step for a landing.
NOT GUILTY .
1706. MICHAEL CONNOR was indicted for feloniously breaking and entering the dwelling-house of John Temple Smith, on the 24th of May, at St. Giles-in-the-Fields, with intent to steal, and stealing therein, 1 frock, value 4s.; 1 shawl, value 4s.; 2 handkerchiefs, value 6d.; 1 coat, value 1l. 1 pair of trowsers, value 15s.; and 1 waistcoat, value 6s.; his goods; and that he had been before convicted of felony.
MR. RYLAND conducted the Prosecution.
JOHN TEMPLE SMITH . On the 24th of May I occupied a room at No, 9, Stacey-street, in the parish of St. Giles-in-the-Fields—my daughter lived with me—my room-door opened on to the staircase on the first-floor—I could lock and unlock that door at my pleasure—other rooms in the house were let out to lodgers—on the 24th of May, I and my daughter went out a little before nine o'clock—I had a trunk in my room, locked, with clothes in it—the articles stated were safe in it when I left that morning—I had the key with me—on going out I locked the door after me, and took the key, till six o'clock in the evening; I then sent my daughter home, and gave her the key to let herself in—I did not go home till about eight—my daughter was there when I got home—she told me something—I went to the box, found it had been broken open and every thing in it was gone—the prisoner is my brother-in-law—I cannot tell where he lodged—not in that house—he had not been in the
habit of coining to my room that I know of—I do not know that he ever came there at all—I saw him that evening, about twenty minutes after I came home, by St. Giles's church—I was going to the station for a policeman, and saw him—I asked him if he had been in the room—he said he had not, he was never up in the room in his life—I know the witness Catherine M'Grath—I have seen her before—she was taken up on this charge, and discharged—the value of the things I lost was above 3l.
Prisoner. I never laid my hand on the things—I have been left in his room and never took things. Witness. That was at another apartment—he has been left there when his sister, my wife, was lying ill, but never alone—he never came to this house—I would not allow him.
JANET SMITH . I shall be ten years old next Christmas—I am the daughter of the prosecutor, and live with him. On Monday evening, the 24th of May, I went out of the room with my father—he gave me the key of the room to go home—I went home about six o'clock and found the door open—it was locked when I and my father went out—I went to the box and found it broken open, and nothing in it—all the clothes were gone—it was locked when we went out in the morning—I had seen the things on Sunday morning, safe.
Prisoner. Q. Did you not bring me up into the room to scour it out, because you were not able to do it yourself, while your father was out? A. No.
Prisoner. It is true, and Mrs. Cooper will tell you the same.
MARGARET BUCKLEY . I am eight years old—I live with my father, at No. 20, Church-street, St. Giles's, not very far from Stacey-street—I know the prisoner—I remember his coming, on the 24th of May, when I was at dinner—he asked me to lend him a key—I told him I could not till my mother was in—it was the key of the door of our room—it was in the door at the time—he said he was only going to unlock his door—I said again, I could not lend it till mother came home—with that he took it and went down stairs—I went to his father, and his father had not seen him all the day—I followed him to get the key back, and he was not there—I afterwards saw the key in the hands of a policeman—(a key produced)—this is the key of the door that he took away.
Prisoner. I did borrow the key, but she never came after it.
MART ANN COOPER . I am married—I and my husband occupy two rooms in the same house as the prosecutor lives in, in Stacey-street. on the 24th of May, about three o'clock in the afternoon, I went to see my little boy to school, and on the top of the stairs I saw the prisoner—he had two keys in his hand, a street-door latch-key and a room-door key—the witness M'Grath was with him—I was close to him—I believe this key to be one of them—he had two on a string—he passed me, put the key into the prosecutor's door, undid it, and went into the room—M'Grath was at the bottom of the stairs at that time—he unlocked the door with one of the two keys he had on the string—I think this looks like the key, from what I saw of it.
Prisoner. Q. Have not you often seen me going into the room with the girl to scour the floor? A. Yes, many times, and the other girl too, and a great many dirty little children—that was the reason I forbid the girl to come up stairs—I have often seen you go into the prosecutor's room with Janet Smith, and have seen you at play together in the room—I cannot tell whether you washed the room—there has often been a great mess down the stairs.
JOHN THOMAS VITON . I am an apprentice to David Jones, a pawn-broker, in High Holborn—I produce a gown and shawl pawned at our shop on the 24th of May, between six and seven o'clock in the evening—it was after five—it was pawned by a young man about eighteen or nineteen years old, in the name of John M'Mardy—it was not the prisoner.
GEORGE JOHN RESTEIAUX (police-constable E 49.) On Monday evening, the 24th of May, I was sent for, and went to Mr. Smith's room, about nine o'clock—I saw the prisoner there, and said I suspected he had committed the robbery—he said, "No, I have not"—I asked the prosecutor if he chose to charge him—he said, "No"—I took him the next day, Tuesday, with M'Grath, and took them to the station—I fetched Mrs. Cooper there—the prisoner said he had been in the room, but he did not take the things out—M'Grath said, "Yes, you did, I saw you bring them out in a blue handkerchief"—he said, "I don't deny that I was in the room, but I never took the things out—I afterwards went to the room occupied by the Buckleys, took the key out of their roomdoor, went to the prosecutor's room with it, and it opened his door—it was locked when I went, and I unlocked it with that key and went in"—I think Mrs. Cooper was by at the conversation between the prisoner and M'Grath—she was present when a similar conversation took place at Bow-street.
MRS. COOPER re-examined. I heard what M'Grath said at the stationboose.
CATHARINE M'GRATH . I am ten years old—I have come out of prison to give evidence—I live at No. 24, Church-street, St. Giles—I know the prisoner—I recollect seeing him one Monday in the last month—I do not I know what Monday it was—it was about three o'clock in the afternoon—he said if he had a key he could raise money—I said, "Where?"—he said he would show me—I went with him—he went to Margaret Buckley—I was playing in the street—he had a little key when he went there, and when he came back he had two keys—he said he had borrowed a key there—this is the key he came back with—he then went back to the church, and said he was going to call on Janet Smith—we went to No. 9, Stacey-street—I stood in the passage—he went up stairs—he came out on the landing—I said, "Come down"—he said his brother-in-law would won be in—I went out into the street, on the opposite side of the way—he looked out of the window of the prosecutor's room, and told me to go on—I stopped there, and he threw a pair of leather boots out at me, which I threw up again—before that, I had seen him go up stairs into Smith's room, on the one pair—he unlocked the door, went in, and locked it inside—I went up stairs and saw him through the key hole breaking open the box with a poker—he took out some clothes and put them into a blue handkerchief—he then came out of the room and came down stairs—he left the door open after him—he said his brother-in-law had sent him from Westminster, for these things—we went away together—(it was before I went up stairs that he spoke to me from the window)—he said he would spend 3d. coming along—when I got by Wood's-row I asked a gentleman what place that was—he said "Smithfield"—I said I would not go further with him—there was a man standing at the corner of a post—he said, "Look, that is my brother-in-law"—I saw him go into a shop in Petticoat-lane—I did not go in—I walked along, turned round, and looked into the shop—he opened the bundle in the shop,
and I walked along—he came after me, tapped me on the shoulder, and said, "I sold them things for 10s."—he had then a frock, a shawl, and a silk handkerchief, which he showed me, in a blue handkerchief—he had fewer things than he had before—we then came straight up Holborn, and he went into David Jones's with another boy—the other boy was standing at the corner of the street, and the prisoner asked him to go in—the prisoner went in and stood behind his back—he was a great deal taller than the prisoner—the other boy pawned the shawl and frock for 3s. 6d.—the prisoner came out again with half-a-crown in his hand, and told me not to tell—the other boy had 1s. in his hand—the prisoner tore the ticket and chewed it in his mouth and threw it down a gully-hole, in Bloomsbury— I had a penny of the money, and gave that up again—the prisoner changed 1s. out of the 10s. at a gin-shop, to give me the penny, and he bought a penny loaf coming along—we had no pies.
Prisoner. Q. Have you not said you had some pies in part of your journey with me? A. No—I had nothing but that penny—I left you by St. Giles's church and went home.
Prisoner's Defence. On Monday evening, the 24th of May, I bought a dozen of cauliflowers and went to sell them—I came home at six o'clock—my brother came home and said I had robbed him—I went to his house—he sent for a constable, who said, "Have you any suspicion of this boy?"—he said, "No," and this girl went to the house next morning and said I had done it—I am innocent of it—the prosecutor has been tried here twice, and his word is not to be taken.
JOHN TEMPLE SMITH re-examined. These things are my property, and were in my box that morning—I have never been tried here or any were else—some of these things belong to my father, who is ill, and were under my care.
—I am the prisoner's mother—the prosecutor is my son-in-law—he came to me last Tuesday night, and said he would not prosecute the prisoner, but would go out of the way to Edmonton for a fortnight, if I would pay him the money for the child's frock and shawl.
GEORGE JOHN RESTIEAUX re-examined. I was present before Mr. Twyford, when the prisoner made a statement which was taken down in writing by the clerk—I saw Mr. Twyford sign it—it was read over to the prisoner, and he made his mark to it—the Magistrate ordered me to see him sign the statement—the prisoner was cautioned before he said any thing and that what he said would be taken down in writing—(read)—"The prisoner Connor says—on Monday Just I met the prisoner M'Gralh at eight o'clock in the evening, and again at three o'clock in the afternoon—she and I then went together to the prosecutor's room—I had got a key and opened the door—when we got into the room, she said to me,' Now, you open the box'—I did not do so, but ran down stairs."
GEORGE THORNTON (police-constable D 109.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—I was present at the trial—he is the same person—I know him well.
GUILTY .*** Aged 13.— Transported for Fifteen Years.
Note. The prisoner has been repeatedly in custody, sentenced to Ten Years' transportation before.
1707. ARCHIBALD NEAGLE was indicted for feloniously uttering, on the 7th of June, a forged request for the delivery of 5lbs. weight of almonds, and 3lbs. weight of raisins, with intent to defraud John Henry Stead.
JOHN HENRY STEAD . I am a grocer, and live in Pleasant-row, Battle-bridge A little boy named Hearn came to my shop and brought this written request for some goods for Mr. Dunn of Pentonville—I put up the goods and delivered them to the boy—I found two days after that the goods were not for the person named—Daniel Dunn is a chocolate-maker, and deals with me.
JACOB HEARN . I went to the prosecutor's shop with this paper—the prisoner gave it to me—I did not know him before—I was looking at a picture shop, and he came up and took me up to the bottom of Lower-street, gave me this bill to take to Mr. Stead, and to tell him it was from Mr. Dunn—I carried it to Mr. Stead, who put up the things and gave them to me—I gave them to the prisoner—he was waiting for me.
(order read)—" June 7th. Sir,—Please to let bearer have 4lbs. of Java almonds same as before, and 3lbs. of sultanas, for D. Dunn. Please let them be the best, and lib. of almonds separate."
DANIEL DUNN . I am a chocolate-maker. I have "dealt with Mr. Stead for some years—I know the prisoner very well—his father is a lieutenant in the Navy, and two or three years ago he came from the Naval school at Woolwich—I employed him for ten or twelve months in my service—I did not send him with this paper for these goods—I never sent him with any order of the sort—it was not written by me, nor by my authority—I do not know the hand-writing.
Cross-examined by MR. PAYNE. Q. I believe, not liking to go to sea, his father put him with you? A. Yes—his behaviour was exceedingly good—I never found any thing dishonest in him—I have heard that he I got acquainted with some performers at a private theatre since he left me—I have known his father more than twenty years.
GUILTY . Aged 17.—Recommended to mercy by the Prosecutor.— Transported for Ten Years.
JOHN GIBBS . I am a musician, and perform at the Yorkshire Sting tavern—I know the prisoner—he was a performer there also—I left my watch on the dressing-room table of the green-room on the 8th of May, between, nine and ten o'clock in the evening—I had been dressing for performance—I missed it, and found it at the pawnbroker's about a week ago, when the policeman showed it to me.
Cross-examined by MR. PAYNE. Q. What do you call this theatre? A. It is not a theatre, it is a tavern—there are public performances there, ringing and dancing—I am leader of the band—I perform occasionally—the prisoner used to act what is technically called little bits—he used to say a few words now and then—he was not paid for what he did—I do not know who introduced him—he was there about eight months—the watch is worth about 24s.—this now produced is it.
Cross-examined. Q. What did you lend on it? A. 5s.—I hare sold many such for 6s. or 7s. each—I am positive of his person.
GUILTY . Recommended to mercy by the Jury and Prosecutor on account of his previous good character.— Confined One Year.—One Month Solitary.
MR. GARDE conducted the Prosecution.
JOSEPH DEMAR . I am a wine-merchant, and live in Ryder-court, Leicester-square. On the 5th of June I met the prisoners by Coveot-garden market—they asked me to go with them, I refused, they then asked me to treat them with a glass, which I did—I went out—they followed and asked me to give them another glass at another house, which I did, and went with them to a house, which they took me. to, to a bed-room—there was a bed and a sofa—they asked me to go to bed with them—I said, they might go to bed, I would go on the sofa—I undressed myself on the sofa, I felt my purse in my fob where I had placed it, and went to bed—I had eleven sovereigns and a half in gold in it—I had been three or four minutes in bed speaking to Wellington, when I found Walker searching my purse in my fob—I immediately jumped off the bed, and said, "You have robbed me"—she said, "Oh no, sir"—I took my trowsers and said, "Where is my puree?" and I found it in the other pocket, not where I had put it, with 11 sovereigns and a half-sovereign gone—I was exasperated—when I was in bed I saw Walker searching my pockets—I saw my purse in her hand—she was hastening as much as she could, when I ran to her and told her she was robbing me—I said, if they would not give me back my money immediately I would call the police—they were whispering together at the head of the bed by this time—I again said I would call the police, when Walker handed me two sovereigns, and said, "There is your money, you fool"—I said, "You have nine or ten still, hand them back"—I several times called to the people of the house, and at last an old woman came—I said I had been robbed, and she began to abuse me in every way possible—I dressed myself, went out, and watched at the street-door for some time—at last I met a policeman and told him I had been robbed, and pointed out the house to him—he knocked with his stick at the door and went up stairs with me.
Cross-examined by MR. PAYNE. Q. What is your name? A. Joseph Damar—that is the English word—I spell it in French, "Daymar," and sometimes "De Mayar"—it, is spelt here "Demar"—that is the way it is spelt in England, and the way I spell it in all transactions here—I have spelt it so for twenty-six years—I was perfectly sober, but very foolish—I drank nothing with them myself—I refused at the first house—I took a glass of rum and water at the second—I had had supper with a friend that evening, and had a glass of porter, and two glasses of whisky and water afterwards—I drank nothing at dinner—the prisoners both went to bed, and I got in too afterwards—I do not know where they took me to—it was close to Covent-garden—I intended to have stopped there only ten or twelve minutes—I paid for the room, but did not want to go with both
of them—I will swear I did not lose my money before I went there—I felt my purse safe—I did not go with them to another house first to try to get a bed—I did not find any of the money in the house—I did not leave the door.
MR. GARDE. Q. Are you certain you had the twelve sovereigns in your pocket when you went to the house? A. Yes—I did not touch them, but they were right in the morning—I always carried my money in my fob—I will swear I had it there when I went to bed—I was cautious of them, and asked them to go to bed first—Walker had not time to put my purse back into my fob, and put it into this pocket—Nellington immediately ran to her, and they were whispering.
WILLIAM CULLEN . I am a policeman. On the 5th of June I took the prisoners into custody—I did not search them—I searched the room, but found nothing but a few shillings in silver lying on the table—it was about five o'clock in the morning when I went to the room—the prisoners were both in bed then—they said they had no pockets on—a female searched them at the station—I did not propose to search them myself.
JOSEPH DEMAR re-examined. I went to the house close upon three o'clock in the morning—I met them between one and two, and was in their company till then—it must have been three o'clock when this happened, for it was day-light, and I could see what they were doing—I am not sure whether it was three or half-past two—I was eight or nine minutes at the first public-house, and at the next about the same time—I we walking about the rest of the time—they took me round to different places to find a public-house open.
JURY. Q. What time elapsed between your discovering the robbery and giving them in charge? A. I called to the people of the house a long time, and I asked them to restore my money, or I would call the police—the woman was more than half an hour coming, and when she came, she began to insult me—I dressed, and went out for the police, but did not see one for eight or nine minutes—it must have been close upon four o'clock when I left the house to look for a policeman.
NOT GUILTY .
MR. CURWOOD conducted the Prosecution.
SARAH BARBER . I live with my parents, in Slater-street, Bethnal-green. Last Sunday three weeks I was walking in Whitechapel-road with my two sisters and my brother—my brother called out, "Look here, Sally, this toy is hitting Eliza"—my sister had four rows of large coral beads on, and on my turning round, I saw them in the prisoner's hand—he ran away directly—I saw him again last Friday fortnight at Worship-street—I am quite sure of his person—I did not see him take it off—I had seen it on her neck a little before.
Cross-examined by MR. PAYNE. Q. Was it not your little sister called out, "Look here, how that boy has hit me?" A. No, my brother—the prisoner had on the same dress he has on now—I saw him for not so much as a minute—he ran down a turning—he had the beads hanging in his hand—I saw him in custody a week afterwards—the policeman fetched me to see if he was the boy—I have had no conversation with the policeman about it—I went to the station—he has never told me what to say—I never told any body that he had.
MR. CURWOOD. Q. Did you see him quite clear and well? A. Oh yes—I am quite certain he is the person.
DAVID EVANS (police-constable H 118.) I took the prisoner into custody last Friday fortnight—directly the witness saw him she said that was the boy that took her sister's beads—I had not pointed him out—I did not fetch her myself, I sent another officer—I was at the station the day she lost the beads, when she gave a description of him, which was accurate—she said there were two boys, one in a jacket, and the other in a dark frock coat.
SARAH BARBER re-examined. I am fifteen years old. I was carrying my sister Elizabeth, who is three years old—my brother is five—I saw the prisoner's face, and should have caught him if it had not been for another girl who stopped me—I followed him down one street.
GUILTY .* Aged 16.— Confined One Year.
JAMES STEER . I drive an ice cart. On the 9th of June I was in the tap-room of the Dolphin tavern, Hungerford market—I went off to sleep after having my dinner—the prisoner was sitting on my right-hand side—I did not see him before I went to sleep, but I awoke up and found his hand in my right-hand pocket—I dozed off to sleep again, and then found his hand in my left-hand pocket, where I had 1l. 10s. 6d., consisting of three half-crowns, and the rest in shillings and sixpences—I caught his hand as he brought it out of my pocket, and accused him of robbing me—his hand was clenched—he put it into his own pocket directly, slipped by me, went out of the room down to the water side, and tried to go off by a steam-boat, but there was none going off—I brought him back, and he tried to get away twice—I gave him in charge to a policeman—I asked him for my money several times—he said he had not got it—it was between four and five o'clock in the afternoon—I missed two half-crowns, four shillings, and a sixpence.
Prisoner. I was in his company that afternoon, partly intoxicated, I did not know any thing—I went with him, it appears, to Hungerford market—I had met him at Smithfield, I believe. Witness. He rode with me to Hungerford market in my cart—I have known him and his brothers for year—I left him in the cart when I went into the public-house, and did not see him there till I felt his hand in my pocket—I was sober—I had not drank more than would do me good—I had a pint of beer there, and I believe a pint and a half in the course of the day.
HENRY CASTLE . I am a policeman. I was on duty in Hungerforflmarket on the 9th of June—Steer called me and gave charge of the prisoner—I asked him if he had got any money about him—he said, "Not a farthing"—I searched him at the station in Steer's presence, and found on him two half-crowns, five shillings, three sixpences, and 4d. in copper—he then said he would give Steer all the money he had if he would let him go, and if that would not satisfy him, he would go and borrow a sovereign of somebody, and said, "Do pray let me go."
Prisoner. I was very tipsy at the time—I did not recollect any thing of the circumstance till next morning. Witness. He was the worse for liquor, but knew what lie was about—the prosecutor was not tipsy.
JAMES STEER re-examined. I have known him about ten years—he buys fish and retails it again—he gave me a paper to take down to his brother, but he did not know the number—it was in Willow-walk, Curtain-road.
Prisoner's Defence. I have been in the habit of having a deal of money in my possession, sometimes 1l. sometimes 10l.—I and my wife had been having a few words, and I, like a foolish fellow, went to drink, and did not know what I was about.
GUILTY . Aged 30.— Confined One Year.
EDWARD JAMES GILLMAN . I am a grocer, and live in Crown-street, Finsbury. On the morning of the 3rd of June I had occasion to leave my shop at half-past seven o'clock—I returned in a few minutes, and found the prisoner coming from behind the counter, hanging his hands down—I asked what was in his hand, and took from his hands two half-crowns—I went to my till, and found two half-crowns gone from it—I sent for a policeman—he said nothing.
CHARLES BRAZIER . I am a policeman. I was called to Mr. Gillman's to take charge of the prisoner—he said he went into the shop for a half-penny worth of plums, and seeing nobody there, he went behind the coun-ter ter and took the half-crowns—he had got a halfpenny.
GUILTY . Aged 14.—Recommended to mercy.— Confined One Year.
ELIZABETH EDWARDS . I was in the service of Lewis Solomons. On Thursday, the 3rd of June, I put a red silk handkerchief on the neck of one of the children, six years old, and sent it into the street—a policeman afterwards came with the child, and the handkerchief was gone.
EMILY DUVAL . I am eleven years old, and live with my parents in Princes-street, Drury-lane. I was playing with Rachel Solomons in Hart-street—they live in Russell-place—she had a handkerchief on—while we were playing, the prisoner came up to her, gave her a farthing, and went with her to Long-acre—I there saw her snatch the handkerchief off the child's neck, and run up Rose-street—the child cried, and a policeman came—he went after the prisoner and took her—I ran after her after she had taken it—I lost sight of her till I got into Rose-street—I am quite sure the prisoner is the person.
WILLIAM MARCHANT (police-constable F 139.) On the 3rd of June I was on duty in Rose-street, Covent-garden. I saw Duval and the prisoner surrounded by a mob—Duval said the prisoner had stolen a handkerchief from a child's shoulders—I took her to the station, but could not find the handkerchief—she was searched, but it has not been found.
Prisoner's Defence. I was going up Drury-lane, and met two boys
running down Longacre with a handkerchief—a man took me into custody, and said it was me that took it.
GUILTY . Aged 17.— Confined Twelve Months.
SAMUEL WYLDE . I am shopman to Edward Grant, a leatherseller in Tottenham court-road. On the 12th of June, about twelve o'clock, the prisoner came to the shop to buy leather—he went to the bin to help himself—I saw him put a pair of soles into his breast-pocket, and afterwards place two more under the waistband of his trowsers, and cover them order with his handkerchief—he then came towards the counter—I went round the counter, and said I must see those soles he had placed in his breast, and in his waistband—I took them from his person, and sent for a policeman—he wished me to send for his mother, and not to give him in charge, and said he would never come into the shop again if I would let him go—I gave him in charge—he had been in the habit of coming to the shop for four years—he used to come with his father occasionally, but since his death I have only seen him three times, which was last Thursday, Friday, and Saturday—it is customary for persons to go to the bins, help themselves, and bring the leather to the counter—he has paid on former occasions—he did not bring any leather to the counter in his hand—he never put the things into his pocket and waistband before.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy.— Confined Three Months.
First Jury, before Mr. Common Sergeant.
RICHARD BLAND . I am in the service of Richard Attenborough, a pawnbroker in High-street, Shoreditch. On Friday night, the 4th of June, I hung a counterpane and bed-furniture a little way from the door—I saw them, safe about eleven o'clock that night. On opening the shop-door next morning I found a square of glass in the fanlight, which bad been broken, was broken more, and the counterpane and bed-furniture gone—that now produced is it.
Cross-examined by MR. BALLANTINE. Q. Did you see it safe after the shop was shut? A. Yes, it must have been pulled through the broken fan-light.
Cross-examined. Q. Where? A. In a house in St. John-street, Beth-nal-green—he was coming out without his hat or coat—I had not watched any boys there—he did not ask me to go after a boy and girl—I asked where he got it—he said a lad had left it there—I asked if he knew who the lad was—he said, "No"—he was carrying it in a bundle openly—I went there from information.
MR. BALLANTINE called
MARY SHARP . I live at No. 24, St. John-street—the prisoner lodges with me—I rent part of the house—he works with us—he has lived with us going on for five or six months. On Saturday, the 5th of June, I went out, about twelve o'clock, I returned about a quarter to two—I saw no lad—when I came in the prisoner made a communication to me, and showed me this bed-furniture—I told him something about it, upon which be opened the door and took it down stairs, without his coat or hat on—he did it instantly on my making the communication—the policeman then came up and pushed him into my room, as he was going out of it—I am married, and have two children—the prisoner slept with them on the Friday night preceding this Saturday—he came home at a quarter to eight on Friday night, and never went out of my place till ten next morning, too my oath—I have only one room—we put a partition across of a night—he went to bed about eleven—I was the last person up—he bad been sitting with us previously, having his supper with my boy—my husband went to bed first—he could go out of the room in the night without our knowledge—my boy, who sleeps with him, is nine years old—he is not here—he is well.
COURT. Q. When did you see the prisoner in the morning? A. He got up to breakfast about eight o'clock—I saw him when I got up, he was in bed along with my boy—I am in the habit of going to his room to see my children.
CHARLES HOLLINGTON . I am a weaver, and lodge up stairs in this house. On this day fortnight I was at home—I do not recollect the day of the month—I was going down stairs, to go to the back yard, and saw the prisoner, a female, and another boy in the entry—the boy had a basket with him—he asked for Mr. Sharp, and asked if he might leave a parcel there till Mr. Sharp came home—he did so, and then went away—the prisoner took it in—I could not say whether this bed-furniture was in the parcel, but I really think it was.
COURT. Q. What is Mr. Sharp? A. I do not know—he is a weaver by trade, and makes velvet—he works in the front-room—he does not work for any body—people are not in the habit of leaving parcels for Mr. Sharp, that I know of—I have the opportunity of knowing—I am up and down stairs at times—I have known the prisoner four or five mouths, seeing him go up and down stairs.
COURT to MRS. SHARP. Q. How long have you lived in this house? A. Twelve months—the officers have not been in the habit of coming to me—he never was in my place before—one came for a warrant against the prisoner, not against any body else—he has lived there five or six months—my husband takes in work for himself—he sells it round the west end of the town to mercers' shops.
JURY. Q. How does the prisoner get his livelihood? A. About five months ago I met him; he was in great distress, and I interested my husband about him—he said if he would come to our house he would learn him to make velvet, which he has done—I swear he learns to make work for us, and at the office the policeman said there was no work at our place.
NOT GUILTY .
1716. GEORGE SAMPSON, WILLIAM PRITCHARD , and WILLIAM JAMES , were indicted for stealing, on the 12th of June, 1 pig'g head, value 2s.; and 1 1/2 lb. weight of pork, value 1s.; the goods of John Gray; and that Pritchard had been before convicted of felony.
THOMAS GRAY . I am salesman to my father, John Gray, a pork-butcher in Drury-lane. On the 12th of June he had a pig's head, which I saw safe just before twelve o'clock—I did not miss it till I received information—that now produced is it—I saw nothing of the prisoners.
GEORGE BRENCHLEY . I am a policeman. On Saturday, the 12th of June, about ten minutes before twelve o'clock, I was coming up Fleet-street, in plain clothes, and saw the prisoners in company together—I suspected them, having a green bag with them—I saw Sampson touch a piece of calico hanging out of a linen-draper's shop—they were all three together—from there they walked to Drury-lane—Pritchard and James went into a confectioner's shop, and came out in half a minute to Sampson, who was out-side—they joined and went on to Gray's shop—I saw Pritchard and James go into the shop, James having a bag in his hand—I stood in a court, and saw Sampson waiting outside, watching, and when Pritchard and James came out with the bag it contained this property—they all joined together—I called out to the butcher, and stopped them.
Sampson's Defence. I and James were coming from my sister's, and met Pritchard by Temple-bar—I asked him what he had got; he said, a pig's head, and would I go with him—we went with him.
James's Defence. I was with Sampson, and met Pritchard; we all three went together; we were going home, and the policeman collared me.
SAMPSON— GUILTY . Aged 16.
PRITCHARD— GUILTY . Aged 15.
JAMES— GUILTY . 5 Aged 13
Transported for Fifteen Years—Convict Ship.
GEORGE BULLER . I live in Westbourne-street, Pimlico. On the 15th of June, about half-past one o'clock at night, I was in the Mall in St. James's Park—I Had my hands in my trowsers pockets—I was going home and met both the prisoners together—they asked where I was going—I took my hands out of my pockets, and pushed them aside, and directly my hands were out, theirs were in, and I missed my money—they undid my trowsers at the same time—I had two half-crowns, one shilling, and a sixpence—I called for a policeman—Grounds stooped down, and said she had the rheumatism in her legs—she came back to Wright, and said, "If you have the man's money why don't you give it to him?"—Grounds was the one that put her hand into my pocket, but both tried to unbutton my trowsers—I had the money in my pocket not a minute before they came up to me.
THOMAS READ . I am a policeman. I was standing behind a tree, and saw them all three in company together—I heard Grounds say to Wright, "If you have his money, why not give it him?"—Wright said, "I will see him d—first"—I took them into custody, and found on them 2s. 6d. and 1 1/2 d. but no half-crown.
Wright. He was talking to two women before he spoke to us. Witness. There were no other women there.
Wright's Defence. I was coming over the Park—he came up, and said, "They are too old for me, I thought they were two young women"—he then caught hold of my hand—I said, "Don't take hold of me"—he then said, "I have lost my money"—I said, "If so, why not give me in charge?"—before that he sat down on a seat, and unbuttoned his pockets himself—3 1/2 d. was found on Grounds, but not a farthing on me.
Grounds' Defence. When he came to Bow-street he swore that Wright held his hands while I robbed him—do you think for a moment a man solid and sober would allow any body to come up and hold him while another robbed him, and not call for assistance till he saw a policeman near?—the policeman came up, and then he gave us into custody—he said, at the office, that he beard me say, a hundred yards off, that I had the rheumatism in my legs—the Park has very little' light—could he see me stoop down, and if I had his money, why did I say to Wright, "Give it up?
WRIGHT— GUILTY . Aged 22.
GROUNDS— GUILTY . Aged 25.
Confined One Month.
SIDNEY SMITH . I am a shoemaker, and live at Ratcliffe. On the 1st of June I was moving my things from there to another house—the prisoner came into the house—I thought she was known there—I pulled off my cost, laid it on the table, and laid down on the bed—when I awoke, about four o'clock, it was gone—that now produced is it.
Prisoner's Defence. I was going along the highway, on Tuesday morning, and met Mrs. Smith, who said she was going to get some leather, and would I come and see the house she was moving into—I went home with her—she was waiting for some men, and when the men had spent all their money, they said, "We will pledge our coats"—Mr. Smith's lodger said, "If you will take yours off, I will take mine off," and they gave me two coats to pawn.
GEORGE PRICE . I am a seafaring man. I have been home about eighteen months—I have known the prisoner three or four weeks—she bore a very good character for what I know—the prosecutor wanted 25s. of me to clear the prisoner, if I could get it—I have a pension of 9l. a year—I gave him the pension ticket into his hands—he took it in the morning, and in the evening after I had come from work, the prisoner's mother told me Mrs. Smith had brought the pension ticket home—I do not understand who can call me Old Tom.
have come to my place and offered me 25s. to compromise the case—I said I would not—I knew nothing of this man or the prisoner either—he offered me 25s. not to appear against the prisoner.
NOT GUILTY .
ELIZABETH HUGHES . I am the wife of William Hughes, a tailor, in Boar's Head-court, Smithfield. I have occasionally employed the prisoner to wash for me—I had a child's coat on the 18th of May—I missed it—this is it.
Prisoner. I did not pledge it.
GUILTY .— Confined Six Months.
WHITE pleaded GUILTY . Aged 13.— Confined Six Months.
GOULDINO COLLINS . I am a bookbinder, and live in Holywell-street, Millbank. On the 4th of June I saw this red leather in a closet at the Foreign Office—I afterwards found it at the Police-office, and knew it having cut a part from it.
DANIEL HOWIE . I am a policeman. I was on duty on the 14th of June,—I went to an enclosed ground adjoining the Foreign Office, and saw White there, about half-past eleven or a quarter to twelve o'clock—the leather was hanging from a hole in the window—I went into the Foreign Office, and ascertained that the window had been broken, and the leather removed from where it was deposited—I then went to apprehend White, and on looking for him, saw him, and Diamond with him—this was before the leather had been quite carried off—on taking White into custody, Diamond ran away, which excited my suspicion that he knew something of it—the ground is enclosed by a hoarding six feet high, where some houses have been pulled down—there were two other boys there—Diamond was not inside the hoarding—he saw me take White, and ran away—at the station they were talking together, and Diamond said to White, "You know I was not there when the window was broken," upon which White said he was there with other boys, when they agreed to break the window some time before.
DIAMOND— NOT GUILTY .
(The prosecutor did not appear.)
NOT GUILTY .
GUILTY of a Common Assault. Aged 18.— Confined Six Months.
NEW COURT.—Saturday, June 19th, 1841.
Sixth Jury, before Mr. Recorder.
1723. RICHARD ANTHONY MORGAN was indicted for stealing, on the 30th of April, 1 truck, value 4l.; 162 stone bottles, value 13s.; 7 gallons of ginger-beer, value 19s. 8d.; 1 glass tumbler, value 1s. 3d.; 1 cork-screw, value, 1d.; and 1 napkin, value 9d.; the goods of John Lardner, his master; to which he pleaded
GUILTY . Aged 21.— Transported for Seven Years.
1724. JOHN WATTS was indicted for stealing, on the 14th of June, 1 brass nut, value 7s., the goods of Thomas Maudslay, and others.—2nd COUNT, stating it to be 2lbs. weight of brass.—3rd and 4th COUNTS, stating it to be the goods of the East and West India Dock Company; to which be pleaded
GUILTY .— Confined Six Months.
GUILTY .— Confined Three Months.
1726. THOMAS HARPER was indicted for stealing, on the 2nd of Jane, 1 watch, value 2l. 10s.; and 1 watch-guard, value 10s.; the goods of Charles Samuel Dutson Merrittn, in a certain vessel, in a port of entry and discharge; to which he pleaded
GUILTY . Aged 20.— Confined Nine Months.
1727. HARRIET TOLSON was indicted for stealing, on the 2nd of April, 35 spoons, value 7l. 10s.; 2 pairs of sugar-tongs, value 10s.; 2 candlesticks, value 10s.; 1 pair of snuffers and tray, value 2s.; 1 ring, value 3s.; 1 bed, value 30s.; 2 table-covers, value 1s.; 1 table-cloth, value 5s.; 2 sheets, value 8s.; and 12 yards of carpet, value 10s.: also, on the 28th of January, 6 spoons, value 3l.; the goods of Thomas Worsall, her master; to both of which she pleaded
GUILTY . Aged 35.— Confined One Year.
THOMAS BARTLETT SIMPSON . I keep the Albion tavern, Covent-garden I have lost these knives and forks—I did not know of it till the policeman brought them—they are marked with the name of the house, and my name too—I am at a loss to tell how the prisoner got them—I am making endeavours to find out the thief—I do not think he stole them—I did not give them to him—my suspicions are that some one belonging to me gave them to him.
duplicates which I got from the prisoner—they correspond with those produced by Mr. Hastings and Mr. Archbutt.
Prisoner's Defence. I know nothing of them—they were given me by a man—I never was on the premises—I cannot find the man at present—I was not aware they were stolen.
GUILTY . Aged 30.
1729. WILLIAM BROWN was again indicted for stealing, on the 19th of May, 6 knives, value 7s. 6d., the goods of Thomas Winterbourn; and 18 knives, value 20s., the goods of Elizabeth Ruddell; to which he pleaded
GUILTY .— Transported for Seven Years.
Jury of half foreigners, before Mr. Recorder.
1730. RAYMOND BEDIELL was indicted for stealing, on the 19th of May, 1 coat, value 12s.; 1 painting and frame, value 3s. 6d.; 1 tobacco-box, value 1s.; 1 memorandum-book, value 1s. 6d.; 1 rule, value 1s.; and 1 key, value 2s.; the goods of William Joseph Fisher.
(The prisoner being a foreigner, had the evidence communicated to bio by an interpreter.)
WILLIAM JOSEPH FISHER . I live in Cannon-street, City. On Wednesday the 19th of May, I missed the things stated—they were worth from 15s. to 1l.—they were lost from a room—this box and rule were in the coat when I lost it—it was a snuff-brown coat—it is about a mile from my house to where the prisoner lodged.
Cross-examined by MR. PHILLIPS. Q. Do you know any thing of the prisoner? A. No.
DANIEL JACOBS . I live in Field-lane, Holborn—I know the prisoner by sight—he lodged next door to me. On the evening of the 19th of May, I saw him with a snuff-coloured body coat—he was going into his house—he had some other things—about half-an-hour after he brought the coat out into the lane, and offered it for sale to a man that stood by—he asked 10s. for it—he did not sell it—the man tried it on—the prisoner took it in-doors again.
Cross-examined. Q. What language did he speak? A. English—I could not swear to the coat.
MOSS JACOBS . I was thirteen years old in March, and am brother to Daniel Jacobs. In the sewer near our house I found this key and a book—the sewer runs at the back of both houses—I found them between both houses—I took the book home to the owner, in Cannon-street—as his name is on it—I left the key at home.
JAMES GOLDSTONE (City police-constable, No. 440.) I got this key in Field-lane, and received this book from Moss Jacobs—I saw the prisoner on the 20th—I made him get up and dress himself—I searched him, and found the snuff-box and rule—I found this picture and frame in a room below the room where the prisoner was in bed—he acknowledged it was his picture—the prosecutor came and identified the picture, snuff-box, and the rule in the room.
Cross-examined. Q. I suppose you searched the room accurately? A. Yes—I did not find a coat that any one claimed—I asked him about the picture, snuff-box, and rule—he said he purchased them of some man on Ilolbornhill—I have a black silk cloak and some shawls of his at the office.
COURT. Q. What appearance had the room where the picture was hanging? A. It was a respectable room—it is a common lodging-house for loose characters.
Prisoner's Defence. I bought the picture, and snuff-box, and rule of a person I know by sight.
NOT GUILTY .
1731. ANISKA DUBOWSKI was indicted for stealing, on the 15th of May, 1 gown-skirt, value 3l.; 1 split-ring, value 2s.; 1 locket, value 1s. 6d.; 1 seal, value 6d.; 1 watch-key, value 6d.; and 1 other key, value 6d.; the goods of Sarah Battifort.
(The prisoner being a foreigner, had the evidence communicated to him by an interpreter.)
HENRIETTA BATTIFORT . I am assistant to my mother, Sarah Battifort, a dress-maker, in Frith-street, Soho—I found the prisoner at a pawn-broker's, in Ryder's-court—I saw a gown-skirt in the shopman's hand—I told the prisoner it was mine—he said he was very ill, and he wished to leave the shop to see his comrade—I asked whether he could speak French said yes—I asked him in French whether he had taken the skirt out—he of the parlour of No. 58, Frith-street, Soho—he said yes; that he was in want of bread—the constable came and took him—this seal and other things were on the parlour table from which the skirt was taken—they belong to my mother—he did not say any thing about any man giving it him to pawn—the pawnbroker's is about five minutes' walk from my mother's.
BARNABAS FLACK (police-constable C 28.) I received charge of the prisoner on Saturday the 15th of May, at a pawnbroker's in Ryder's-court—a skirt was delivered to me by the shopman—I have a pattern of it—it was delivered up to the parties—I searched the prisoner at the station, and found 12s. 5d. in copper in his right hand pocket.
Prisoner's Defence. A person of the name of Gerard Alexis gave it me to pawn—I never was in the prosecutrix's house—I know nothing about it, I am quite innocent—I do not know where the house is.
GUILTY . Aged 45.— Confined Six Months.
(The prisoner being a foreigner, had the evidence interpreted.)
CHARLES SOUTHAM . I am butler to Mr. Joseph Hill Jekyll, who lives in Grafton-street, Bond-street—this spoon and fork are my master's—I missed them on the 2nd of May—they were safe on the 26th of April—the prisoner has been in the habit of visiting Mrs. Jekyll's lady's-maid, who is a Frenchwoman, sometimes alone, and sometimes in company with his wife.
WILLIAM ROPFEY . I am assistant to Mr. Attenborough, a pawnbroker in Charlotte-street, Fitzroy-square. On Monday, the 3rd of May, the prisoner brought me this spoon and fork—he wanted me to advance 30s. on them—I asked if they were his own—he said, "Yes" he purchased them of a Jew—a gentleman came in at the time, which took my attention off for a moment, and when I turned, the prisoner was gone—the property was left behind—I saw him in custody fifteen days after.
Prisoner. Q. Why was it so long before I was token? A. I advertised them in two papers—I had two or three letters from the country
which did not correspond with the property—I put them into the hands of an inspector of police—I found the owner—I do not know what hour the prisoner came into the shop—I am certain it was the day-time—I marked the fork.
JOHN JAMES ALLEN (police-constable E 159.) I received this silver fork from the inspector—I afterwards apprehended the prisoner in Broad-street, Golden-square, I told him what for—he said he had no plate—I told him he must go with me—next day I received a spoon from Mr. Roffey, (The prisoner put in a long Defence, stating, that on the 3rd of May he had to go to the City-road, to fetch a machine, coming from Northampton, and that he called on Mr. Comond, a hair-dresser, in Great Portland-street, at ten o'clock in the morning, to inquire the way, and left there about eleven or twelve; that he then went to the City-road, and returned home at two in the afternoon, and did not go out again for the rest of the day.)
Witness for the Defence.
MADAME DONNAIL . I am ladies' maid to Mrs. Jekyll, in Grafton-street. About eight o'clock in the evening of the 30th of April, the prisoner came to the house—he staid till eleven o'clock—there was a fire at St. George's-hotel, in Albemarle-street—we could see the fire—the servants went out to see the fire—I went out, but was quite close to the door—I do not recollect whether the butler went out—the prisoner was with me, and his wife near the door—he always remained with me and his wife, from eight in the evening till eleven at night—he went up stairs with me and his wife to see the fire from the house—I never left him all the time—my mistress's bell rang—I went to my mistress, but the housekeeper and the prisoner's wife were with him—the housekeeper is not here, she is still with Mrs. Jekyll—the prisoner did not call on me between the 26th of April and the 30th—he did not come on the Sunday before the fire was—he went there two or three times after it—he took supper about nine, on the 30th of April—no silver spoons belonging to the family were used in that room for supper—we have plate of our own—the room where the butler keeps his plate is exactly opposite the housekeeper's room—any one could walk in a moment from one room to the other.
JURY to WILLIAM ROFFEY. Q. In what tongue did the prisoner speak? A. He spoke English tolerably—I understood him—I noticed him more, because of the crest on the plate—it might be before dinner he came, I cannot say for certain—he had a dark coat on with a velvet collar.
COURT. Q. Have you any doubt of his being the same man? A. Not the least.
(The prisoner received a good character.)
GUILTY . Aged 30.—Recommended to mercy by the Jury.— Confined Six Months.
Sixth Jury, before Mr. Recorder.
1733. THOMAS IVES was indicted for stealing, on the 6th of June, 1 bag, value 1d.; 3 keys, value 2d.; 1 split-ring, value 1d.; 3 sovereigns, 1 shilling, and 5d. in copper; the property of William John Ashley, from his person.
on the side of the road—the prisoner was taking the money out of his pockets—I took hold of his collar, and asked for the money—he said, "What money?"—I said, "The money you took from this man's pocket"—we had a bit of a scuffle, and he then threw the money down on the grass—I I threw him down, and picked up two sovereigns, 1s. 5d., also three keys, and a split-ring, in a little bag—I took the prisoner to Brentford—he went very quietly till we got to Brentford—I afterwards searched him, and found 8s. on him—when the money was dropped the keys were in his hand—I saw them go down from his right hand with the copper.
WILLIAM ASHLEY . I live at Newington. I had been to Hammersmith, Brentford, and Ealing, on the 8th of June—I had 4l. in my pocket, in the morning in gold—I changed one sovereign, and had 3l. in my fob, and the silver was loose—I do not remember whether I had any halfpence—I was drank—the policeman came to me, and said, "Do you know what money you had in your pocket?"—I said I thought about three sovereigns and some silver—he then said, "This man has been robbing you"—he seized the prisoner's hand—I did not see the money fall—two sovereigns were found on the grass—I had some keys—I have since seen them.
Prisoner. Q. Do you recollect seeing me at Brentford? A. No—I have no recollection of authorising you to take my money while I had a up on the grass—I was about half a mile from the last public-house I had been to—I have no recollection of the prisoner's asking me to let him take my money.
Prisoner's Defence. He was in a scuffle before this; I got him out, and we went to a public-house or two, and drank; he was very drunk, and fell on the grass; I tried to get him up, but he would not let me; I said, "Let me take the money out of your pocket," and he said, "You are my friend, I shall depend on your honour; "I was taking it, and the policeman saw me; I dropped it in the scuffle.
GUILTY . Aged 28.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution.
JOHN NEWMAN . I am a baker, living in Goswell-street. The prisoner was my journeyman—it was his duty to take out the bread to the customers—I received information, in consequence of which I desired the prisoner to be watched—on the 19th of May he went out as usual, at a quarter after nine o'clock in the morning—he had a basket of bread to be delivered to the different customers—in a few minutes he was brought back by Brannan—he was searched, and some bread found on him, part in his hat, and part between his shirt and a third part, which made a perfect half-quartern loaf.
Cross-examined by MR. PHILLIPS. Q. Are you aware that he is married? A. Yes, he has a small child, and his wife is near her confinement.
JAMES BRANNAN (police-sergeant G 20.) On the morning of the 19th I saw the prisoner come out of his master's shop—I was instructed to watch him—he met some one, and he and the person walked together—I was in plain clothes—I saw him touch the man with his elbow, and both turned round, and looked back—I went up, and told him I was a sergeant of police that I suspected he was robbing his master, and he had either bread or
flour with him that did not belong to him—he said, "Don't take me back, I have only a bit of bread, I shall make it all right with you"—I took him back—he said, "I shall never do it again"—I took him back to his master's—I after that went to his lodging.
(The prisoner received a good character.)
GUILTY . Aged 29.—Recommended to mercy by the Jury.— Confined Six Days.
MARTHA ROBERTS . I am single, and I keep a haberdasher's shop in Hox-ton Old Town. Between six and seven o'clock in the evening of the 4th of June I missed this mouslin-de-laine from inside my window—the officer came soon after, and I went to the station, and saw my mouslin-de-laine—this is it—it has a mark on it.
THOMAS FOSTER (police-constable N 202.) I was watching the prisoner for about an hour and a half—he went to the prosecutrix's, and stopped outside for ten minutes or a quarter of an hour—he then stepped into the door-way, put his arm round the window, and took the dress—he ran—I pursued—he dropped the dress—I took it up, and a man stopped him—he had put the dress into this handkerchief which I have here.
Prisoner. There was another boy threw it down; I took it up, and ran away with it. Witness. No, he took it—I was in plain clothes, and was watching him close to him.
GUILTY . Aged 13.— Confined Two Months.
JOSEPH HOWARD . I am in the service of Esther Howard, a widow, who keeps a book-shop in Gray's Inn-lane. On the afternoon of the 15th of June I saw the prisoner take this book (which is the Historical Annual) from the window outside the shop—he walked away with it—I pursued, and stopped him—he had got about two doors from the shop—it was under his coat.
Prisoner's Defence. I was walking up Gray's Inn-lane; I took the book and looked at it; the man collared me, and said I wanted to steal it; He pulled me into the shop, and kept me till the policeman came.
GUILTY .— Confined Six Months.
SARAH PERKINS . I am fifteen years old, and am servant to Ellen Turner, of Claremontplace, Hackney-road. In the evening of the 22nd of May, Miss Archer knocked at the street-door—in consequence of what she said I looked into the front parlour, and missed a time-piece—I had
seen it half an-hour or three quarters before—the window had been a little way open—I went out and saw two men at the top of the street—I followed them as far as the corner of Ann'splace, and then missed them—I saw a little parcel in one man's hand, and a little piece of the marble of the time-piece sticking out of the handkerchief—the man that had it, had a black coat on, and a round hat—the prisoner looks something like him—I should not like to swear to him—I, after that, saw the same man cross the lock of the canal—he was stopped by the keeper, and the policeman took him—the lock-keeper showed me this time-piece now produced, and a snuff-box—it had been on the parlour table—this time-piece is worth 2l. 10s.—this is the snuff-box—it is tortoise shell, mounted with silver.
EMMA HARPER . I am seventeen years old, and live in Claremont-terrace, Hackney-road. On the 22nd of May, I was standing at my door—I saw a man with a flannel jacket come out of the prosecutor's window with a time-piece in his hand—he went down Claremont-street —I went and knocked at the door, told Miss Turner, and she called the servant.
Prisoner. Q. Did you see me to your knowledge? A. No.
JOHN KELLY . I live in Wellington-place, and keep a stall at the comer of Ann'splace. On the 22nd of May, I saw two men standing at the top of Temple-street—one was in a flannel jacket, dark trowsers, and cap—the other in a black coat and round hat—that is about 200 yards from the prosecutrix's—I saw the roan in the black coat, cover a time-piece with a blue handkerchief—before he had crossed the road, Perkins came up in the same direction, and spoke to me—I told her what I had seen, and she went after the two men.
JOHN WHITEMAN . I am one of the lock-keepers' at the Regent's-canal, and live at the lock-house. On the 22nd of May, I saw the prisoner and another person cross the lock-gate—each of them had a bundle—the prisoner was dressed in a black coat, as he is now, and the other man who escaped had a flannel jacket, dark trowsers, and a cap—I heard a cry of "Stop thief," and tried to stop the man with the flannel jacket—he had this time-piece in his bundle, and he threw it down—the prisoner threw part of the linen out of his bundle into the garden at the back of my house—I took him and kept him till the officer came—the prisoner was near enough to the canal to have thrown this snuff-box into it—he had some shoes on him, which the officer found at the station—I did not see the snuff-box found—the prisoner went to the back of my house.
Prisoner. Q. How long was I there? A. About five minutes—you might have made your escape, as my attention was taken for a minute to the man in the flannel jacket.
Prisoner. It is false—I was not crossing the lock at all.
GUILTY . Aged 19.— Confined Three Months.
1738. RICHARD ROWLEY, DAVID BARRY , and SAMUEL LILEY were indicted for stealing, on the 11th of June, 2 metal cocks, value 5s.; and 1 foot of leaden pipe, value 1s.; the goods of Richard Stapleton and another; and fixed to a certain building; and that Rowley had been before convicted of felony.
Barry was carrying a bundle—Lilly had a bag with 18lbs. weight of iron in it—I saw nothing on Rowley—I asked Rowley if he had got anything, he said, "No"—I touched him, and this pipe fell from under his smock frock, and I found these two cocks on him—I found the owner of the property—this pipe has been cut from the wall, and from the ball-cock on Mr. Stapleton's wharf, which is about one hundred yards from where I took the prisoners.
THOMAS WORLEY . I live in North Wharf-road, in the house from which this property was taken—it belongs to Mr. Richard Stapleton and another. On the morning of the 12th of June I got up and missed the cock and this lead, and the water was all let about the yard—I know this property—I have used it many times—this iron was taken from the same house, just inside the door, and these rags were taken from the same place—they were found on Barry.
Rowley's Defence. I was coming down the North-road at half-past ten o'clock at night—Barry gave me the things, and said be would give me 6d. to carry them.
Barry's Defence. I am guilty of the rags, but not of the lead—Row-ley said he kicked his foot against that.
Liley's Defence. I did not know he had the pipe—he gave me the iron.
JOSEPH WALKER re-examined. I stopped the prisoners about eleven o'clock at night, but they had been stopped by another officer at a quarter-past ten, about ten minutes walk from the prosecutor's, and they had nothing with them.
ROWLEY**— GUILTY . Aged 16— Transported for Seven Years.
BARRY*— GUILTY . Aged 15.
LILEY*— GUILTY . Aged 11.
Confined Six Months.
JAMES MUDFORD . I am in the service of Mr. James Mudford the elder, a woollen-draper, who lives in High-street, Shoreditch. On the afternoon of the 10th of June I saw the prisoner near the shop—(I had noticed him in the morning and the night before)—I kept my eye on him, and saw him draw his hand through a broken square of glass with this satin—I caught him about fifty yards off with this satin tucked down his trowsers under his jacket—before I said any thing to him, he said a boy threw it at him—I took him back to the shop, and sent for the policeman—this satin is worth 2l.
Prisoner. I never was near the shop at all—I was passing along and picked it up.
GUILTY .** Aged 12.— Confined Six Months.
and have one partner—we are tobacconists. On Wednesday the 9th of June, about half-past eleven o'clock, I was in the back of my shop, and noticed the prisoner take a bundle of cigars from a box—I did not exactly see what he did with them—my impression was that he passed them to a person outside—I am sure I saw him take them—I charged him with it—he denied it, and said I might search him—I missed a bundle of cigars—I had six bundles in a box in my window—they had passed through my hands half-an-hour before—I afterwards saw three cigars, which appeared to be the same as mine.
ROBERT HILL . I live in Paradise-row, and keep a beer-shop. On the 9th of June, between eleven and twelve o'clock in the morning, I met a young man in a fustian jacket, running down Paradise-row with a bundle of cigars under his arm—he dropped them—that was two or three hundred yards from the prosecutor's shop—he was not dressed like the prisoner.
Prisoner's Defence. I wanted some tobacco—I went into the shop and kicked for about five minutes—no one came—I was going out, and some person called to me—the prosecutor came and take hold of me, and said, "I will swear I saw you take a bundle of cigars, tell me where they are, and I will let you go"—I said I knew nothing of them—he sent for a policeman.
MR. COATES re-examined. I had a good view of his face—I saw his hand in the window taking the cigars from the box—he had them in his hand when I saw them—he was not off my premises at all—when I accused him he said he came for a pipe of tobacco—I said it was false, for I had seen his hand in the window as I was running from the yard to the shop—he had evidently been towards the door, and I was confirmed in the idea that he had passed them to a person outside.
GUILTY . Aged 19.— Confined Three Months.
Fifth Jury, before Mr. Sergeant Arabin.
THOMAS JOSEPH JONES . I am a mariner. On the 11th of June I was in New Gravel-lane—I stopped to look at Punch and Judy, about one o'clock—I was then going down, and the two prisoners followed me—I passed through Milk-yard, up Star-street, to Wappingwall—a little boy came and asked me if I had lost any thing—I said, "Yes, my handkerchief—he said, "Come with me, I will show you the prisoners"—I followed him, and saw the prisoners—I took them, and saw my handkerchief in Wybrow's possession.
Cross-examined by MR. PHILLIPS. Q. Are you sure you saw it in Wybrow's possession? A. Yes.
WILLIAM PARAMORE (police-constable K 51.) I was standing, looking at some buildings—I saw the prisoners at a distance, and another boy, walking together—I ran and caught Wybrow at the end of Blue-gate-fields—he had the handkerchief in his possession—the other ran off—I sung out, "Stop thief," and he was stopped by a sailor.
(Wybrow received a good character.)
HARWOOD— NOT GUILTY .
WYBROW— GUILTY . Aged 18.— Confined Six Months.
MR. PHILLIPS conducted the Prosecution.
JOHN TODD . I am a cheesemonger, living at Kensington. The prisoner was my errand-boy, and had been so for a year and a half—he bore a good character—I discharged him on Saturday, the 29th of May—I had a cash-box in my desk, in my counting-house—among other things, there was a bank-note in it for 50l., and about 200l. more—when I left the counting-house, I forget whether I locked it or not—I observed the prisoner near the desk—on Sunday morning, the 30th, I missed the note—on the Friday following I looked after the prisoner, and gave him into custody—he said he found the 50l. note and the sovereigns in a purse in Porto-bello-lane—that he took it home, and gave it to his father—I went and found it was in his father's possession—I opened the father's bureau, and found it there—the father was not in my house at all, and could have no opportunity of taking it—this is the note—(looking at one.)
COURT. Q. What did you pay him as errandboy? A. 1s. a day.
PATRICK HAMMERSLEY (police-constable T 53.) I have heard what Todd has said—it is true—I went to the prisoner's father's, and opened the bureau, and the note, ten sovereigns, and two half-sovereigns were —about found in it—Mr. Todd after that got the missing sovereign from the father two hours after I was in the station-house yard—I went to pacify the prisoner—he said if he got over it this time, he would never take any thing more—I said, "Have you taken the money from Mr. Todd?"—he said he had.
GUILTY . Aged 13.—Recommended to mercy by the Prosecutor and Jury.
Confined Six Months.
EDWARD BOND . I am a labouring man. On the 29th of May I met the prisoner in company with her sister and another woman, who was a friend of hers—I had not known her before—I went and slept with her at Westminster—I do not know the name of the place—we went to bed—I put my money into my trowsers' pocket, under my head—I had these two sovereigns and other money—I awoke about half an hour after I had been there, between eleven and twelve o'clock—I saw her with the trowsers, and when I awoke, she threw the trowsers into the room, and away she went, and left part of her clothes in the room—I found the money was gone—the next day I met her and her sister, and a man—I asked her for the money which she had the night before—she said she had no money, she gave what money she had to her sister, and she gave it to the man, who ran away—her sister struck me two or three times.
GEORGE CARTER (police-constable B 151.) About seven o'clock in the evening of the 29th of May, I found the prisoner in the custody of Bond—I took her to the station—she told me she passed the money to a woman, and then to a man—I went into the next house, and found a man—he said he had no money—I searched him, and found 22s. on him—I searched him afterwards, and found 14s. 6d. on him—I searched the priSoner's lodging, and found this muslin dress—I asked whose it was—she said, one she had washed and ironed for her mother.
Prisoner's Defence. I had not touched this man's money—the sovereign I changed for the dress was not his, it was lent me—I know nothing at all about it.
GUILTY . Aged 27.— Transported for Seven Years.
PETER HENRICKS . I am a ship's carpenter. Between one and two o'clock on Friday afternoon, the 14th of June, I met the prisoner (Captain Letter, of the Elizabeth, had paid me 9l. in the morning)—I gave her something to drink—I had a sovereign and one shilling left—I had bought some things—a sailor was talking to me, and the prisoner stood behind me in the public-house—I felt something at my pocket—I turned, and saw the prisoner at my pocket—she dropped the shilling—I said, "Where is the sovereign?"—she said she did not have the sovereign—I said, "Five minutes before I came in it was safe"—she picked up the shilling, and paid for what I had to drink.
PHILLIP MOORE . I am a blacksmith. I saw the prosecutor beckon to the officer—I stopped to see what was amiss—the prisoner had her band under her apron—she would not take it out—the officer asked her what she had got—she said what was that to him, he might take her to the station if he wanted to see—the officer turned to speak to the sailor—a man who stood by, gave two or three nods—she winked to him, and he passed dose over to her—she would not take her hand from under her apron—the man held out his hand to take something from her, and she tried to pass something to him—I gave her a push, and the officer asked him what he had got—he showed a farthing—another man came up, and she passed something to him, and he put it into his left hand breeches' pocket.
Prisoner's Defence. I was at the Albion; the prosecutor said, "Mary, how do you do?"I said my name was not Mary; he asked me to have something to drink, and we went to a public-house, and had a quartern of gin; he pulled out a shilling, and dropped it; I picked up, and put it on the bar—he paid 4d. for the gin; a man came and said he had a duplicate for a pair of trowsers and a waistcoat, and they went out to look at them; the prosecutor would not have them, and he came back and said he had lost a sovereign; I said, "Perhaps you have left it at the pawnbroker's"—he then accused me of it; I went out, crossed the road, and said to the policeman, "This man accuses me of robbing him, and you had better take
me;" they took me and searched me, but found nothing on me; I never had the sovereign, nor saw any thing about it.
GUILTY .* Aged 28.— Transported for Ten Years.
WILLIAM HALL . I was in the service of Mr. Samuel Rutter, who keeps the Red Cow public-house, at Dalston. On the 9th of June there were skittles being played there, and we lost the skittle-ball—I have seen the prisoner there, but cannot say whether I saw him then.
ANN CLARK . I am the wife of William Clark, who keeps the Duke of Wellington public-house, in Mourning-lane, Hackney. On the 9th of June the prisoner's brother came and asked if I wanted to buy a skittle-ball—the prisoner then came, and brought the ball, and wanted half-a-crown for it—I did not buy it—I suspected, and asked him where he got it—he said a gentleman gave it him—I sent my pot-man to inquire—he went to the Red Cow, and found they had lost one—he brought an officer to my house, and the prisoner was taken the next morning.
RICHARD CLARKE (police-consolable N 223.) I apprehended the prisoner—I said it was for a skittle-ball—he said be took one and offered it for sale at the Duke of Wellington, but he found it in the ashes.
GUILTY . Aged 19.— Confined Six Weeks.
MARY SULLIVAN . I am single, and live with my parents, in Kingsbury-place, in the Liberty of the Rolls. The prisoner came to lodge at my mother's—I put this gown into a band-box at the top of a large cupboard in my room, and I missed it on the 12th of June—the prisoner had the means of taking it—this now produced is mine.
Prisoner. Q. Were there not many persons lodging in the house be-sides me? A. Nobody lodged in our room but you.
GUILTY . Aged 25.— Confined Three Months.
JONAS WOODWARD . I am a schoolmaster. On the 15th of June I was in the Commercial-road—I had a handkerchief in my pocket—there was some exhibition going on—I stopped, and felt something—I turned, and saw the prisoner close to me—I missed my handkerchief, and said to him "You have got my handkerchief"—he said, "I don't know any thing about your handkerchief, Sir"—as he spoke I saw a slight motion of his hand towards a boy by his side, and the handkerchief dropped, and I picked it up close at the prisoner's feet—I have no doubt it fell from the prisoner—this is it—I secured him—the other boy, who was younger than him, got away.
Prisoner. Q. Did you not receive it from another boy? and did you secure the other boy? and did he not wrench from your grasp? Witness No, certainly not—I collared both at the same lime; they both struggled
violently—I had the greatest difficulty in securing the prisoner—the prisoner was by my side.
GUILTY . Aged 22.—Recommended to mercy by the Prosecutor and Jury.— Confined Three Months.
JOHN HALL . I am mate of a schooner. I fell in with the prisoner, on the 14th of June, in Ratcliff-highway—after some time we went home, and went to bed together—I had my watch, and 1s. 2d. in money—I did not give her any thing, and she did not ask me—I was awoke about two o'clock in the morning by her and the landlady quarrelling—the prisoner was then up, but had no clothes on—the landlady asked whether the prisoner had robbed me of any thing—I then missed my watch, which I had left in my trowsers' pocket on the table—the landlady accused the prisoner of taking it, and sent for an officer—this is my watch.
Prisoner. You gave me the watch, and asked if 1 could get a few shillings on it to drink—I took it to the publican, who lent me a few shil-lings, and you had drink out of the money. Witness. No, I did not.
COURT. Q. How did you mean to pay her? A. To give her what I had in the morning, and if that was not enough, I would have satisfied her before I went.
JAMES JOHNSON . I keep a public-house. The prisoner came to me after twelve o'clock at night, on the 14th of June, and asked if I would let her have something to drink—I said, No, not unless she paid what was owing—at last she pulled out this watch, and told me a sailor gave it her—I advanced 6s. 4d. on it, which made up 11s. with the money she owed before—she promised she would fetch it in the morning—the policeman found the watch in my possession—the prisoner told him the same as she has to-day.
Prisoner's Defence. I was at the Albion public-house at eight o'clock at night—the prosecutor and two other men asked me to drink, which I did—they then asked me to toss, which I did—they lost, and had no money to pay—I paid for what we had—the prosecutor then left hit shipmates and went home with me—he asked me if I could trust him—I said I could not, and he said he would leave his watch with me till morning—he then asked if I had money to get more drink—I had not—he asked me if I could leave his watch any where and get a few shillings—I went, and the publican let me have a few shillings—I got the prosecutor some more drink and something to eat—when he went home with me be appeared quite sober, but before he went to bed he was quite in liquor—he gave me the watch when he was sober—I am innocent of stealing it.
GUILTY .** Aged 18.— Transported for Seven Years.
Park in plain clothes on the 17th of June, the day the Queen had a draw-ing-room—I saw the prisoners there in company, and watched them for about a quarter of an hour—I saw them go from where they were, about one hundred yards, they then came back, and Homer stood on one of the seats close to the prosecutor, and Jackson stood on the ground by the side of him—I saw Homer put his left-hand into the prosecutor's right-hand pocket, and draw this handkerchief partly out—he looked round, and then drew it quite out—he then jumped down and was going away—I took him, and took the handkerchief from him—he said, "O don't, sir, don't"—I got assistance and took Jackson.
FREDERICK PITMAN . I was in the Park standing on one of the benches—I heard a scuffle behind me—I turned, the officer held up the handkerchief, and said it was taken from my pocket—I went with him to the station—this is my handkerchief, and was in my pocket just previous to my losing it—a lady had said my handkerchief was out, and I had better put it in, which I did.
Horner's Defence. I never offered to move—this handkerchief was on the seat—I had not got room to touch the gentleman—the officer took it off the seat, and said I picked the gentleman's pocket.
HORNER— GUILTY . Aged 21.)
JACKSON— GUILTY . Aged 18.)
Recommended to mercy by the Prosecutor.
Confined Three Months.
NOT GUILTY .
GUILTY of a Common Assault. Aged 19.—Recommended to mercy by the Prosecutrix. — Confined Three Months.
OLD COURT.—Monday, June 21st, 1841.
First Jury, before Mr. Recorder.
GUILTY .— Confined Two Months.
GEORGE TRENT . I am a grazier, and live in Lawrence-street, Lisson-grove. On the 7th of May, I was in Smithfield—I had a horse for sale—the prisoner came to me and asked if I would make an exchange with him—there was a horse brought up just afterwards—he asked me 2l. to boot—I offered him 1l.—he afterwards agreed to 25s.—he said it was a very good horse, and if I liked to make the exchange, he would—I paid him 25s., but never got the horse, nor did he have mine, for the horse he showed me was owned by a person named Purser.
Cross-examined by MR. PAYNE. Q. Did he first speak to you, or you to him? A. I do not know who began, I cannot say—I was standing in Smithfield—there was a great many horses there—I was standing by my own horse—the prisoner brought one or came by the side of
it—whether his man or him brought it up, I cannot say—he asked if I would make an exchange for the horse—it was pointed to—I looked at it—the horse that was brought up was taken back about ten yards from me, and when I went to ask for it a person named Purser claimed it—I understood it to be the prisoner's horse—he came and asked me if I would make an exchange for this horse—Purser's horse was by the side of mine, brought up close by the side of it, and Purser and him were consulting together—I had no friend with me—Purser said he knew nothing about the prisoner—he was standing by nearly all the time—they went backwards and forwards together, and consulted together.
JOHN PURSER . I live in Globe-road, Mile-end, Bethnal-green. My man had a horse in the market—I saw it brought up towards Mr. Trent's horse, within two or three yards of it—I did not hear what passed between Mr. Trent and the prisoner—the prisoner came and asked me if I would take 5l. for my horse—I said, No—he then came and asked if I would change it, and take two sovereigns to boot—I said, no, I would not change at all—the horse spoken of is mine—the prisoner had no authority from me to change it away, or sell it.
Cross-examined. Q. Did you know him before? A. Yes—that was all the conversation I had with him that day, to the best of my recollection—I followed my horse, but did not have a conversation with Mr. Trent—I do not think I ever saw Mr. Trent's horse—it was not close to mine—my horse was on one side of the rail, and Trent's on the other—when my horse stood for sale, I should say it was nearly twenty yards from Trent's, but they were nearer afterwards, when they were brought and shown out—they were not shown together, that I know of—I saw Trent standing about three yards from my horse—I did not know what the prisoner was going to do.
GUILTY . Aged 36.— Confined Three Months.
MR. BALLANTINE conducted the Prosecution.
EDWARD PEARSE . I am foreman of the south quay, London Docks. It is my duty to call the labourers in the morning, and when called, their names are entered in the book—there are different parties calling at the same time for different departments in the docks, and after they are hired the men are stationed off by different foremen to where they are to work, and the men under me should see they are doing that work—there is No. I and No. 2 warehouses in the docks, but I do not belong to either—a little before eight o'clock the prisoner came to the dock gates to be hired—I had seen him one day before—he was called by name and answered to it—the warehouse-keeper entered his name in the book in my presence to work at the south quay—the No. 2 warehouse is on the north quay—between three and four o'clock I saw the prisoner at work on the south quay—that is not No. 1 warehouse—I asked him why he did not help into the warehouse with a packet—about half-past four it is usual to pay the men—I was present when the men were paid—the prisoner's name was called
out—he answered to it—I gave him half-a-crown myself—he said, "Thank you"—that was for working in the south quay for that day.
JOHN LONGHURST . I am foreman of No. 1 warehouse, London Docks, which is opposite the south quay—the labourers' names are called over in the morning, and they are hired for the south and north quays—No, 1 warehouse is in the north quay—I called the labourers myself on this Fri-day, for the No. 1 warehouse—I called the prisoner—no person had a right to hire himself for two warehouses at the same time—he could not work in both.
SAMUEL COWPER CHRYKTALL . I am deputy warehousekeepro in No. 1 warehouse, London Docks. It is my duty to pay the labourers who work in No. 1—about twenty minutes after four o'clock, the labourers were paid—the names are called over, and as they make their appearance at the table, the money is put down—persons at work in the docks are aware of that—the prisoner's name was called, and he came forward in the ordinary way, and I paid him half-a crown, the day's wages—I supposed it to be for working in No. 1 warehouse—if I had known he had worked in the other quay, I should not have paid that.
RICHARD MARONEY (police-constable H 167.) I took the prisoner in custody—he asked me what for—I said "For getting money under false pretences from two different warehouses"—he said he only got paid for the south quay, and not for the north quay.
Prisoner's Defence. I have been employed in the docks three year—I was never accused of any thing of the sort before—formerly I worked under No. 1, but the gentleman has lately died, and the gentleman succeeding him brought four men with him—those men got the preference, and I have not had above three days' work in a week—previous to being taken I I waited at the docks eight or ten days without getting work—I stated my case to the warehouse-keeper, who promised to give me a turn, and on Thursday morning I was called on the south quay—I got the first opportunity—I was afterwards called by Mr. Pearse, and as he had kindly pro-mised me work, I could not refuse to go—I did not do it for the sake of the half-crown, but every Thursday the new list is copied from the old one, and if I had not been on it I should not have had work.
GUILTY . Aged 24.— Confined One Month.
1755. LYDIA TURK was indicted for stealing, on the 5th of February, 5 sovereigns, 2 half-sovereigns, 1 half-crown, 4 shillings, 2 sixpences, 1 groat, and 6d. in copper monies, of Archibald Hunter and others, her masters.
MR. BODKIN declined offering any evidence.
NOT GUILTY .
NOT GUILTY .
GUILTY .— Confined Three Months.
GUILTY .— (Enter into recognizances to appear for judgment.)
NEW COURT.—Monday, June 21st, 1841.
Fifth Jury, before Mr. Common Sergeant.
1759. ELIZA MOODY was indicted for stealing, on the 7th of June, 2 veils, value 11s.; 9 pairs of gloves, value 9s.; 24 yards of ribbon, 6s.; 1 pair of stockings, value 4s. 6d.; 2 purses, value 2s. 6d.; and 2 sove-reigns; the property of George Webb; to which she pleaded
GUILTY . Age 19.—Recommendedto mercy.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
GEORGE TEU . I am a manufacturer of paper for hanging rooms, and carry on business in Lowther-arcade, and at Kensington—the prisoner was in my service, in different capacities, for thirteen or fourteen years—he had been originally a journeyman paperhanger—in 1838 he made a proposal to sell paper for me, which I agreed to—I told him I wished to see what he could do before I fixed his wages—he agreed to that—in the mean time I allowed him at the rate of 30s. a week—he was to find customers, to tell paperhanging to, to deliver the goods to the customers, which he was to get from my warehouse, to deliver the accounts, receive the money and deliver it to me—he was to get the accounts from my ware-house—it was the duty of Angero, my book-keeper, to make out the bills of parcels to be delivered to the prisoner, to be delivered to the customers—the prisoner had no business to make out bills in his own name—in 1839 I came to an arrangement to pay him ten per cent.—upon my oath I never arranged with him for a partnership—I was not aware that he claimed any thing like a partnership with me till after I gave him into custody—I had a customer of the name of Loat—I have got my books here—here is an entry from May 1838 to May 1839—part of it is in Angero's handwriting, the other by a clerk I had previous to Angero—if the prisoner had an order from Loat in May, 1838, it was his duty to give the particulars to whoever might be the shopman at the time, to get the goods, and on receiving them, to write down in a book the date he received them, the name of the party they were for, and to sign his name—he copied this from the order book, which I keep myself—the book kept by the prisoner is the check order book—it agrees with my book—on the 21st of May the prisoner appears from his own book to have received thirteen pieces of paper, No, 8887; seven pieces, No. 8771; five pieces, No. 8605; one and a half, No. 8914; twenty-seven, No. 8796; seven, No. 8898; and eight. No. 8893—these are all the entries in my book, and stated by him to be left at Loat's on the 21st—there appear in his own order-book in June, July, August, on to December, and in April and May, 1839, different items received by him down to May 31, 1839—Mr. Loat's account was 27l. 4s. 7d.—it appears on the 25th of September, 1838, he paid 20l., and on the 11th of May, 5l., leaving a balance of 2l. 4s. 7d., which has not been paid—if the prisoner had received more than that 20l. and 5l., it was his duty to have at I once accounted to me for it—I never allowed him to sell goods on his own account—after the 24th of June, 1839, he accounted to me for moneys received from other persons.
Cross-examined. Q. Was there not a period of two years and nine
months without any settlement between you? A. I have a memorandum of the dates on which we had settlements—I took them to refresh my memory on the morning I went to Bow-street—I did not think the prisoner would ask these questions, but I took them because at Greenwich he claimed a partnership, and stated there had been no settlement at all between us—I made out every account about August—it was not for the purpose of dividing the profits—I found the profits about twenty per cent., and proposed then to pay him ten per cent.—I never heard of his doing business on his own account with my goods—he might for what I know with his own goods.
Q. Might he not even with your goods, provided he entered them, have done business on his own account? A. Certainly not—the agreement was that they were all to be sold in my name—the longest time that we were without settling any account was seven weeks—I advanced him 30s., a week, which amounted to 60l., when his commission did not amount to 25l., so I stopped it—I knew he had worked for a great variety of builders and persons as journeyman paper-hanger, but he was my servant all the time to sell goods.
MR. CLARKSON. Q. Had the prisoner been taken up in the division of which Greenwich was the station? A. Yes, for a week before, and he was committed from thereto Bow-street, and in consequence of what he said I prepared these items to answer questions—this bill (looking at one) is not in the handwriting of Angero, but of a person named Bodin—the prisoner was to deliver it to Mr. Loat—he had no authority to substitute any other account in his own name, and keep this back.
JOHN LOAT . I am a builder, and live at Balham-hill. Before the 24th of June, 1839, I received a considerable quantity of paper from the prisoner—up to the time he delivered the last, I did not know I was being supplied with it by Mr. Teu—he supplied it to me in 1839, in his own name—I knew no other person in the transaction—I received some bills of parcels of the prisoner—I have some of them here in September, 1838—on the 25th of September, I paid him on account of this bill 20l.—I had before that paid him 1l. 9s.—on the 30th of October, I paid him 10l.; on the 27th of November, 2l. 9s. 6d.; on the 24th of June, 1889—he received the balance of all I owed him—he did not deliver a bill for a balance of 2l. 4s. 7d. due from me.
Cross-examined. Q. Had Teu's name been mentioned to you at all? A. No—the prisoner always conducted his dealings in a proper manner.
FRANCISCO ALEXANDER ANGERO . I am book-keeper to Mr. Tea. I have been in the habit of delivering bills from time to time to the prisoner to deliver to the customers—another person also occasionally delivered bills to the prisoner—Mr. Teu's name was at the head of the bills—it was the prisoner's duty to deliver the bills to the customers who had the goods—in January last, I delivered to the prisoner a statement of the balance due from Mr. Loat to Mr. Teu—it was 2l. 4s. 7d.—he stated that it was his own fault that it was not paid, but he should be going that way shortly and he would call and get it in.
(The prisoner received a good character.)
GUILTY . Aged 40.— Confined Six Months. (There were two other indictments against the prisoner.)
1761. MARY LAMBERT , was indicted for feloniously receiving, on the 20th of June, 9 bottles, value 2s. 6d., the goods of Thomas Bartlett Simpson, well knowing them to have been stolen; against the Statute, &c.
ALFRED CHENNING . I live with Thomas Bartlett Simpson. On the 20th of June I went to the prisoner's house—she keeps a shop in Drury-lane—I found there some bottles which I had lost an hour before—I only brought nine of them away, but there were several more which I knew—these are ale and beer and one wine bottle—I asked the prisoner who she bought them of—she said at first she could not tell, and then that she bought them of a little girl with a child in her arms.
Cross-examined by MR. PHILLIPS. Q. How do you know these bottles? A. By the labels on them—I do not know how many of these there are about town.
COURT. Q. Had the bottles you lost labels on of this description? A. Yes, and these exactly correspond with what I lost an hour before.
EMILY GOOD FELLOW . I am eleven years old—I know the necessity of speaking the truth—I went to the prisoner's house—it was a hot day—I saw a parasol in her shop, and I asked her how much it was—she said, 6d.—I went again on the 2nd of June, and saw a frock—I asked her how much that was—she said 1s. 9d., and she said I might bring her some bottles to pay for it—I had never taken any bottles to her before—in consequence of that, I carried her these bottles, which I got from Mr. Chenning, where I was at work—the prisoner allowed me 1 1/4 d. each for the larger bottles, and 1d. for the smaller ones—I got the frock—I did not pay any money for it, only the bottles—Mr. Chenning went and inquired about them the same day.
ANN GOODFELLOW . My daughter brought the frock to my house—I went to the prisoner and asked her if she had sold such a frock—she said, "Yes, for 1s. 9d."—I asked her how she paid for it, and she admitted that she had bought bottles of the little girl for it—I had no business with these bottles—they are not mine.
NOT GUILTY .
ELIZABETH WEIGHT . I am the wife of George Wright. On the 13th of April, I left the Globe Road, Mile-end, about one o'clock, to go to the Bank—I was detained by the broker till it was too late to do what I wanted—I went home—I had a 200l. and a 50l. note with me in a worsted bag—when I got home I found I had lost my bag and notes.
Cross-examined by MR. PHILLIPS. Q. Was it not on the following Sunday you gave information to the police? A. Yes, but I advertised it the following day, and had bills printed.
SOPHIA CARPENTER . I keep a print-shop in Red Lion-street, Spital-fields. I recollect the prisoner and her younger sister coming into our shop, and showing me two notes in a little worsted bag—one was a 50l. note—I am not quite sure of the other—I thought it was 100l.—I told them to take them to their father.
Cross-examined by MR. PHILLIPS. Q. She told you she had found them, did not she? A. Yes—I gave them back to the prisoner.
GEORGE TEAKLE (police-sergeant H 8.) I took the prisoner, and went to her father—I found a "bank of elegance" note in the father's possession, and a parcel of sovereigns—I said I had come with respect to a 200l. and
a 50l. notes, picked up by his daughter—he said he knew nothing about them, but his daughter was in bed—I called the daughter (the prisoner) who was in bed in the back room—she came in—I said to the father, "If you have got any money, you had better give it up"—he said, "I believe I have a little, I do not know where it is"—the prisoner came, and he pointed to a box, and said, "Give up what there is"—she gave me up a foot of a stocking, with forty-seven sovereigns in it—I said, "This is not all"—the father said, "Look in the coat-pocket"—she gave me three sovereigns from there—I said, "This is not all"—she looked into a pocketbook, and gave me a 10l. note—I said, "This is not all, I shall examine the room"—he said, "You will find no more, but a few shillings"—I found a flash 10l. note.
ROBERT JONES . I know the prisoner and her father—he was in distressed circumstances—he is since dead—in the beginning of April he owed me rent, and had notice to quit—on the 3rd he was five weeks back in the rent, and on the 15th he paid me.
MR. PHILLIPS called
EDWARD BERRY . The prisoner's father was my brother—he is dead—he had been a broker in business for years, and many times made from 10l. to 15l. a day—he had an opportunity of saving money—latterly he did not seem so well off as he had been, because he had not so much business as he had, and what he did, he was very close about—in August he came to me and said his wife was dead—he said, "I wish to bury her, don't be afraid about the money, I have money"—I was present at the making of his will, on the day before his death—he knew of this property at the time he made the will—I saw him execute the will—I always thought he had hoarded some money.
GEORGE TEAKLE re-examined. I asked the father how he came possessed of it—he said it was an unfair question, he should not answer it—I and the constable continued with him—I should say there was no opportunity of any one communicating with him without my hearing him—he did not say in my presence that it was his money—when I took the prisoner she did not say it was not the prosecutor's money—the little sister denied all knowledge of the notes, and so did the prisoner.
GEORGE TREW (police-constable H 125.) I went with Teakle to take the prisoner—he said, "I suppose you are aware what we are come about?"—the father said, "No, I am not"—we said, "We are two officers, come about a 200l. and a 50l. note, picked up by one of your daughters"—he said, "My daughter is in the bed-room"—Teakle said, "I want that money, have you any?"—he said, "I have a little," and told his daughter to get the money out of the box—she pulled out an old stocking with forty-seven sovereigns—Teakle said, "Look again"—she found three sove-reigns in a coat—he then said, "There is more, and she found a 10l. note in a pocket-book—Teakle said, "I shall search the house"—the father said, "There is not any more"—there was a flash 10l. note in the father's waist-coat pocket—he did not give us any idea of its being his own money that day, he did afterwards—I was there five days, and left on the day before he died—the policeman No. 79 came at night, and relieved me.
Cross-examined. Q. The old man was in a very exhausted state? A. Yes—the other policeman is not here—my orders were not to leave the man alone a moment.
GUILTY . Aged 16.—Recommended to mercy by the Jury Confined Eight Days.
1763. CHARLES FRANCE , and ELIZABETH SHARP were indicted for stealing, on the 21st of May, 1 mattress, value 5s.; 2 blankets, value 8s.; 3 pillows, value 10s.; 6 pillow-cases, value 10s.;6 sheets, value 2l.; 24 table-cloths, value 4l. 10s.; 15 towels, value 15s.; 1 cloak, value 20s.; 3 shawls, value 12s.; 1 counterpane, value 5s.; 1 bedstead, value 12s.; 4 night-gowns, value 4s.; 1 bedtick, value 15s.; 2 petticoats, value 2s. 6d.; 7 aprons, value 7s.; 10 yards of linen-cloth, value 20s.; 4 pewter pots, value 2s. 6d.; 4 brushes, value 10s.; 1 accordion, value 5s.; 2 yards of silk, value 1s. 6d.; 1 bed, value 15s.; 6 chain, value 20s.; 1 table, value 7s.; 26 printed books, value 30s.; 4 boxes, value 3s.; 1 breadbasket, value 6d.; 3 candlesticks, value 2s.; 1 tea-tray, value 6d.; 2 gowns, value 5s.; 1 pair of stockings, value 8d.; 1 night-cap, value 6d.; 1 cullender, value 5d.; 1 baking-tin, value 6d.; 1 egg-slice, value 6d.; 4 spittoons, value 4s.; and 1 quilt, value 2s.; the goods of Mary Ann Haldan.
MR. BODKIN conducted the Prosecution.
MARY ANN HALDAN . I now lodge in Clerkenwell—I used to live at Little Dalby, in the county of Leicester—I left there soon after my mother died, which is about five months ago—at her death I came into the possession of 150l. in money, and some household furniture—I went to live at Oakham, in Rutlandshire, in the house of the father of John Sharp—an intimacy took place between me and John Sharp, and I was induced to come to London with him—I brought 110l. in money, some linen, plate, and other things—he had no money at all—we came to Paddington, took a lodging, and lived as man and wife—when I had been there about a fort-night, he told me be had taken a coffee-shop, and wanted 95l. to pay for it—I went the next day to see the shop, it was in St. John-street road, Clerken-well—I paid 5l. deposit, and after that the rest of the money—it is now about eight weeks since, we took possession of the house—I took a receipt for the money I paid—I have not got it—I gave Sharp money to buy tome furniture with—the table-linen and spoons I brought from the country—I took them to the house—when I had been there about a week, Sharp brought the two prisoners—he said Sharp was his own sister, and France was her husband—they were to come and live with us—they did so—they heard him say that one was his sister, and the other her husband—they did not deny it—after I had been there a little while, and they had come, John Sharp wished me to go into the country, to look after some more money—the two prisoners were present, and heard what took place—I agreed to go, and left on the 9th of May—I left Sharp and the two prisoners in charge of the house—I did not give either of them authority to sell the the property in the house—the prisoners were aware whose property was in the house—they said they knew Sharp had not 1s., or any property—I had told them it was all mine, and they said they knew it—the property was to be left in their charge when I went into the country—both John Sharp and I said so—I was gone a fortnight—when I returned, I found another person in possession of the shop—John Sharp was gone, and the two prisoners and all the property—I then applied to the policeman, and on the. following night I went with the officers to a house in the Vinegar-flound—we did not find any one there at first—I found nearly all my furniture there—I found the table and chairs, and mattress and other things—the prisoners came to the place the same evening these things were found.
Cross-examined by MR. PAYNE. Q. At the time you agreed to go and live with Sharp, you knew he was separated from his wife? A. Yes—he was a blacksmith at Oakham—I took the shop of Mr. King, I paid him the money—the prisoners acted as servants—I left John Sharp there, and expected to find him there when I went back—I went into the country for money, because there was not ready money enough to carry on the business—Sharp's name was over the shop—we appeared to the world as man and wife.
MR. BODKIN. Q. Did the prisoners know you and Sharp were not married? A. Yes, it was the subject of conversation between me and Elizabeth Sharp—she knew Sharp was married to another woman—they knew Sharp had no money, and that the money and property was mine.
JANE HUGHES . I lived at the coffee-shop at the time Sharp and the prisoners were there—when the prosecutrix went into the country Elizabeth Sharp assisted in the business, and France lived there—after the prosecutrix had gone, I saw all the furniture removed from the shop—I did not see John Sharp there at that time—he told me he had sold the business.
Cross-examined. Q. Elizabeth Sharp told you they were going, and asked you to call on them? A. Yes, at No. 14, Catherine-street.
CHARLES CUNNINOTON . I now keep this coffee-shop in St. John-street-road—I happened to look in there three or four weeks ago—I saw John Sharp—he made some statement to me, and I bought this business for 50l.—I did not pay him all the money at once—I paid him 40l.—I saw the prisoners in the shop below—I did not hear any thing about where they were going—I know France, by seeing him there—John Sharp told me he was going to New Inn-yard—France was present when I paid him the money—France did not say any thing to me about the business.
Cross-examined. Q. When was this money paid? A. On the Wednesday week after—I paid a deposit on the 21st of May.
MR. BODKIN. Q. What was the reason of his giving you his address? A. Two things were taken there by mistake—the furniture was gone then, and among them two things which were included in the inventory—I applied to him to have them returned—he said they should be returned—he gave me this address.
JAMES CRISS . I live in White Lion-street, Pentonville, my master lets out vans. On the 21st of May, I by his order took a van to the Star coffee-shop, in St. John-street-road—I got a load of goods, bed-steads, chairs, and other things—the two prisoners helped to load the van—I went at six o'clock in the morning—I moved them to No. 14, Catherine-street, St. Luke's—I did not take any to New Inn-yard—France went with me with the van—he did not say whose things they were.
Cross-examined. Q. Who paid for the van? A. John Sharp, he was present all the time, and managing sending away the things—I took them by daylight.
JOSEPH STANNARD (police-constable G 229.) On Friday, the 28th of May, the prosecutrix made a complaint to me about this—I took her to No. 14, Catherine-street, Vinegar-ground, City-road—we were let in by a young woman, who said she was a lodger—I had been there the greater part of the day, and could not get in—when I got in, the prosecutrix accompanied me, and the moment she got in she said the things were hers—I remained there till the prisoners came—France came first—I
asked what business he had there—he said he hired and rented the place—I asked if the property there was his—he said it was—I said he was my prisoner, for the property was stolen from a coffee-shop in St. John-street-road—I asked how he came by it—he said Sharp gave it him, for his services in the house—I took possession of the place, and was there all night—Elizabeth Sharp came there at twelve o'clock at night, and my sergeant took her.
Cross-examined. Q. You told France at first, that you should take him for having stolen property in his possession? A. Yes—he said, in going to the station, that I ought to take John Sharp, for he was the worst, for he led him into it.
HENRY KIDNEY (police-sergeant G 6.) I was at the house when Elizabeth Sharp came in—she sat herself down in the room—I told her I must take her into custody, on a charge of felony, or for assisting in committing felony, in taking these things from the coffee-shop—she said, "They are her goods, she may have them if she like a"—I broke open a box there, and found some linen and other articles, and some duplicates of a number of things.
FRANCE— GUILTY . Aged 24.
SHARP— GUILTY . Aged 20.
Transported foe Seven Years.
(There was another indictment against Elizabeth Sharp.)
Before Mr. Recorder.
GUILTY .† Aged 21.— Transported for Ten Years.
HENRY PETER FOWINKEL . I am in the employ of a merchant, and live at Pimlico. I was walking in Church-street, Greenwich, on the night of the 2nd of June—my attention was called to my handkerchief by the constable—I felt in my pocket, and it was gone—it was a white cambric one—I had it safe a very short time before—the one now produced is it.
JOHN EATON (police-sergeant S 193.) I was on duty in Greenwich fair on the 2nd of June—I saw the two prisoners and another one, not in custody, together—I saw Saunders try a great many pockets, and the other one too—they were walking and talking together, and each trying several pockets—they followed the prosecutor out of the fair into Church-street—I saw Saunders go behind him, put his hand into his pocket, and take the handkerchief partly out—he moved a few paces away, and then Bolton went and pulled it out completely—I laid hold of him—he immediately threw the handkerchief on the pavement, and I picked it up—Saunders ran away—I am satisfied that Bolton has been led away by others—he bore a good character before.
fair, and saw the prisoners—I saw Saunders go up to the prosecutor, put his hand into his pocket, and take his handkerchief partly out—he then stepped back, and Bolton took it out—I attempted to take Saunders, but he ran away—I followed him some distance and took him.
(Bolton received a good character.)
BOLTON— GUILTY . Aged 15.— Confined Fourteen Days.
SAUNDERS— GUILTY . Aged 19.— Transported for Ten Years.
JONATHAN WHICIIER (police-constable E 47.) On Tuesday night, the 1st of June, I was at Greenwichfair, and saw the prisoner take a parcel from the prosecutor's coat-pocket—I do not know what he did with it—Wright took him into custody within a few yards of the spot.
Cross-examined by MR. PHILLIPS. Q. Did you search him? A. No, I did not know him before.
Cross-examined. Q. You did not know him before? A. No.
RICHARD EDWARDS . I am clerk to a solicitor, and live in Eagle-street, Red-lion-square. On the night of the 1st of June I was at Greenwich-fair—I did not miss the shoes till the policeman spoke to me—I then found them gone—these now produced are them—they were in this bag—I had them in my pocket, as Mrs. Hall, who was with me, found them troublesome to her.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Six Months.
MESSRS. PHILLIPS AND CHAMBERS conducted the Prosecution.
ROBERT JACOB BOOTH . I carry on business with my brother, William Booth, as pawnbrokers at Woolwich. On the 6th of March I saw the prisoner Burt at our shop—he said he wanted 12l. on a gold watch and chain which be produced—I asked if it belonged to him—he said it did—I asked if the chain was gold—he said, "Yes"—I asked him if 10l. would do—he said, "Yes," and I lent it—before I let him have the money I looked at the maker's name on it, which was R. Webster, Cornhill—it was after that I asked him if 10l. would do—I estimated it at that value, from the appearance of the article.
COURT. Q. The prisoner did not represent that it was Webster's make? A. No.
MR. CHAMBERS. Q. Was that name an inducement to your parting with the money? A. It was—I have since found out that the chain is metal—the watch is gold—if it had not had the name of Webster on it, I should not have given so large a sum—I saw him again on the 1st of May at our shop—he had a conversation with my brother, which I heard part of—I came in after he had been there a few minutes—he brought a silver watch, chain, and seals—he wanted 10l. on them—my brother told him the chain was not gold—Burt represented it as gold—my brother tried it, and found it was quite a
common chain, gilt and plated, not gold at all—I did not see any maker's name on that watch—on my brother trying the chain, he told Burt if he did not mind, he would be taken into custody; he thought he was a dealer—he said no, he was not, that that chain alone cost him 7l.—he went away with the watch and chain—if that watch had been the make of Morris Tobias, I should perhaps have advanced 4l. or 5l. on it—he is A very eminent maker; arid if the chain had been gold I might have lent 2l. 10s. of 3l. on it—I know the prisoner Hands—I saw him on, I think, the 1st of May—it was Saturday—it was about the middle of the day that Burt was at our shop, and in the evening Hands came and saw us both—he said he understood we had taken his man into custody for pawning a watch; that he had seen him down at the station-house, and we should be sorry for it—when he first came he offered a watch for 25s.—I said I would have nothing to do with him—he then entered into conversation about our having taken Burt—he said it would be a dear job, or something, and he would lay 5l. we should be sorry for it—he called Burt his man—he said that the watch and chain he sent on the 1st of May belonged to a drummer, named Carter, in the Artillery band—he said he would go and fetch Carter—I had told him that I suspected the gold watch and chain pawned for 10l., taken in on the 6th of March, belonged to him—he said, "Yes, they do, and they cost me 14l."—he afterwards fetched Carter, and I asked Carter what kind of watch and chain he had sent—I. suspected it was not the same—Carter said he did not know any thing about it, that he had not seen the chain or watch, he had not sent it, and it did not belong to him—they then went away—this is the duplicate I gave for the watch and chain upon which I advanced the 10l.—it is for a gold watch, chain, and key, in the name of James Thomas, Blackheath-hill, which is the name and residence Burt gave.
Cross-examined by MR. BODKIN. Q. When yon take in an article which you suppose to be gold, you always describe it so in the ticket? A. Yes.
MR. CHAMBERS. Q. This ticket says, "Gold watch and chain;" does that mean a gold watch and gold chain? A. Yes—if it was a metal chain I should not mention it, unless I wrote it on the back.
THOMAS PACEY BURTS . I am a pawnbroker at Woolwich. I saw the prisoner Burt at my shop on the 1st of May, between two and five o'clock—he produced a silver watch, a gold chain, and two seals—he said, "I went seven guineas on this"—I looked at it, and asked him whose it was—he said it was his own—I said, "Is this watch made by that celebrated maker, Morris Tobias, of the Minories, whose name is on it?"—he said it was; that his brother bought it of Morris Tobias; that the knew it as a fact, and he said the chain was gold, and the two seals plated—he told me the chain was gold, without my asking—I said, "Is it solid gold?" and he wid, "Yes"—I made a minute of it at the time, that he said the watch his brother bought for seven guineas, and the chain and seals for seven guineas also, about three months ago—I asked where he lived, and he told me his name was James Burt, No. 8, Thomas-street, Woolwich—I kept the watch behind my counter, while I sent to see if he lived there, and after I had despatched my boy, he said it was no use my sending there, because he did not live there—I said, "It is no use your giving me a false address"—a great many angry words passed about my detaining him so long—he said he would go into a public-house until the boy came back, which he did, and came back in about ten minutes with the prisoner Hands, who said, why did I detain his watch—I said, "He has given me a wrong name"—he said, "It is all right enough, it is my watch, I sent him with it"—he
afterwards said it belonged to the big drummer in the band, Carter—he said, "He sent me to pledge it," or he had come to pledge it for him, or something similar to that—in the mean time Mr. Booth came up, and gave Burt into custody—in the evening Hands came in a cart, with the drummer in it—Hands said, "I have brought Carter to prove it is all right"—I referred him to the station-house—I attended before the Magistrate on the 3rd of May, when Burt was examined—I saw Hands there on the Monday after, and he was given into custody.
Cross-examined by MR. CLARKSON. Q. Is this the first time you ever said any thing about Hands bringing Carter to you? A. I think I have said it before, but I cannot say—the chain is a very common article—it may be a common gold chain—there are many qualities of gold—it is worth about 25s. an ounce—the chain is worth about 14s.—I tried it with aqua fort is when he brought it in, and it boiled up very green—we have gold in our shop that will not do so—all gold above 40s. an ounce will not—I cannot tell what is the ordinary alloy in jeweller's gold—they say at the Assay office this is worth 25s. or 27s. an ounce—I should say the value of the watch is 60s. or 70s. at the extent, not to lend on—it did not cost more for manufacturing—I should advance about two guineas on it—I should say the gold watch cost about 7l. or 8l—I heard Mr. Webster say it was worth 12l., but that was before it was taken to pieces—it is worth that, to appearance—that is where the fraud is—Mr. Webster said, if it was his make, it would be worth 20l.
Cross-examined by MR. BODKIN. Q. Do you mean you said to him, "Is this by the well known and celebrated maker, Tobias of the Minories?" A. Yes, those very words—this is not the first time I have said that—I believe I have said it before—I recollect having said, "I asked him that question"—I am confident I did so.
MR. CHAMBERS. Q. Is the chain solid gold? A. It is solid of its quality, what it is.
WILLIAM BOOTH . I am in partnership with my brother, Robert Jacob Booth. On the 1st of May I saw Burt at our shop—he produced a silver watch, and chain attached, and asked 10l. on it—I looked at them, and asked him if the chain was gold—he said, "Yes"—I asked him if it was fine gold—he said, "You can tell"—I then told him the chain was only metal, and if he took it to any other house in town he might be taken into custody—I looked at the watch—it had the name of "M. Tobias, Minorics," on it.
Cross-examined by MR. CLARKSON. Q. What metal is the chain? A. Brass, I expect—I tested it with aquafortis—I presume it to be brass—it is not gold.
MR. CHAMBERS. Q. Did you test it while he was there? A. Yes—it boiled up green—it was not gold.
MR. CLARKSON. Q. Was there no gold in it? A. I do not expect there was.
JACOB RUSSELL . I am a pawnbroker in the Old Kent-road. On the 14th of April my young man brought me a watch—I went into the shop, and found the prisoner Burt, who asked me to lend him 5l. on it—I offered him 3l. 10s.—he said that would not do—I said I would make it 4l., and he took it—before that I had looked at the name on the watch, which was Tobias—if it had not had that name I should not have advanced so much on it—Burt gave me the name of James Thomas, No. 7, Brandon-row, New Kent-road—on the 3rd of May I was riding along Blackheath-hill, and passed Hands—he turned back, called after me, and said, "Are
you going to Woolwich?"—I said, "No"—he said, "I thought you were,—they have taken my man Burt into custody for pawning a silver watch, and you know they are good ones, worth six or seven guineas each, for you lent 4l. on one yourself"—I said, "No," for at that time I did not recollect it, but on looking at my stock at home I found that I had—this is the watch—I have known Hands for years—nothing was said in my. conversation with him about money.
JAMES PARRY (police-constable R 8.) I was at the station when Burt was brought there on the 1st of May. Hands came about dark, and asked if there was a young man named Burt there—I said, "Yes"—he turned to the inspector and said, "What is the charge against him?"—he said, "I dare say you know—it is for pledging watches, and representing them to be what they are not"—Hands said, "Oh, I can prove where I bought the silver watch—I bought it in Holywell-lane; as to the chain, that I know nothing about, for that is gold, and Burt is in my service"—the watch was brought to the station.
RICHARD WEBSTER . I am in partnership with my father, a chronometer maker, in Birchin lane, Cornhill. This gold watch has the name" R. Webster, Cornhill," on it—we generally put the word "London" on our, which is omitted on this—it was never made by my father or myself—we had not made so high a number when we lived in Cornhill—it hat apparently the general appearance of one of our watches, but I can say it is not—if it was one of our make it would be worth 20 guineas new, second hand it would be perhaps 15l. or 16l.—it depends on the time it has been made—I have taken it to pieces since I was before the Magistrate—the value I put on it now is 7l. or 8l. at the utmost—the case would cost about 5l. I should imagine—the works are worth nothing at all.
Cross-examined by MR. CLARKSON. Q. Then I suppose it would not go? A. I should think not—we are liable to have articles imitated—we frequently find our articles imitated—it is certainly not worth 8l.—I do not know where I could get a pair of cases like these made—I did not take it to pieces myself—it is a lever watch—there is no compensating balance—it goes on a pair of jewels, which are worth about 3s.—it is calculated to deceive an ordinary purchaser, and it did me; for before I took it to pieces I said it was worth 12l.—the jewels are garnets apparently, we use rubies.
MORRIS TOBIAS LEVY . I am nephew to Morris Tobias, a watchmaker in the Minories. Watches of his make pass through my hands before they we sold—neither of these silver watches are his manufacture—I know that by their appearance—our watches always have "M. Tobias, 31, Minoriea, London," on them—or "M. Tobias, London"—these have "M. Tobias, Minories" on them—besides, they are jewelled with garnets, ours are rubies, and the works are very much inferior—it will wind up—they are worth 60s. or 70s. each as they are now—one of ours of a similar quality to what they imitate, would be worth about eleven guineas—on Monday, the 31st of May, the prisoner Hands called at our shop and asked if Mr. Tobias was within—I said he was not—he asked when he would be in—I said it was uncertain, as he was unwell—he asked if I knew any thing about an affair at Woolwich—I said, "What affair?"—he said, "About the watches"—I said, "What watches?"—he said, "Have you a summons in the house?"—I said I believed there was one—he said it was a hard case for him, for he had purchased six watches at Abraham's coffee-house for 30l., and he was not to know whether they were our make or
not—I said I could not say any thing about it, but Mr. Tobias, or somebody from him, would attend at Woolwich.
Cross-examined by MR. CLARKSON. Q. I gather from what you say that your uncle has made watches before you came into the trade? A. Yes—he has been established fifty years—I have been in the business seven years—these are imitations of my uncle's make, and would be likely to deceive a person not a watchmaker, having our name on them.
JOHN CARTER . I am in the Royal Artillery band, and am called the big drummer. I have seen Hands—on the 1st of May he came to my house with his horse and cart, and asked me to have the kindness to go to the station and state that a watch belonged to me, and that I sent the prisoner Burt to the pawnbroker's to pawn it—he also told me to say the watch was sent to me by my brother-in-law—I went to the Woodman public-house, and Hands treated me to a little porter—I went to Burl's with him, and then to Booth's—Hands did not go in at first with me, he did at last, and when he was there Booth asked me if I knew what kind of a chain it was—I said I did not know, and went out of the shop—there was no truth in what Hands wanted me to say—it was not my watch—I did not send Burt to pawn it.
Cross-examined by MR. CLARKSON. Q. What did you go to the pawn-broker's for? A. I was to go with Hands—I did not go without him—on my oath I merely went to accompany him.
GEORGE GIBBS . I am a watch-maker. I have taken this gold watch to pieces, and the two silver ones—the two silver ones, without the chain, are worth 70s. each—this is a gold watch and gold case—it is worth 8l.
Cross-examined by MR. CLARKSON. Q. That is what you would give for it? A. That is the sterling value as a second-hand watch—I think it is a new one, because it never has gone, and never can go, and was never made to go—the gold itself weighs 5dwts. 3grs., and is worth about 5l.—the works are very bad indeed—it would fetch near 8l., I should say—I reckon the works would cost 3l. in manufacturing, although it would not go when made.
GEORGE FIELDING . I have examined these chains—this one to the gold watch is nothing better than metal—I call it copper and brass mixed—I do not believe there is any gold about it—I have not tried the ring or key, but I have the chain—I should say the chain as it is, is not worth more than 2s. 6d. or 3s.—I believe the seal, key, and ring are plated—they are better than the chain—I will swear they are not solid—I have not assayed them—I have tested the chain with aqua fort is, but not the ring and key.
MR. CHAMBERS. Q. Can you, as a jeweller, detect the ring and key without aquafortis? A. No, not to tell how much gold is in them—this other chain is not solid gold—there is a portion of gold in it—it is not so good as jeweller's gold—it is not worth more than 25s. or 28s. an ounce.
Q. What would that chain be worth? A. About 16s.—I have not tested the seal and key.
BURT— GUILTY . Aged 23.
HANDS— GUILTY . Aged 38.
Confined Six Months.
Before Mr. Common Sergeant.
1768. MARY WALTERS was indicted for stealing, on the 21st of May, 1 box, value 4s.; 2 gowns, value 10s.; 2 shifts, value 2s.; 1 pair of stockings, value 6d.; 1 bonnet, value 10s.; 1 shawl, value 4s.; 3 handkerchiefs, value 3s.; and 2 towels, value 1s.; the goods of Richard Smith.
regiment which is gone to South Wales—I remained at Chatham nine days after he left, and came to Gravesend on the 21st of May, to get to London, to go to Scotland—I had a box containing the articles stated—I met with the prisoner, she assisted me in carrying the box, and I asked her to go and have some beer—we went to the Royal Oak public-house and had a pint of beer, I left my box there, and asked the people to take care of it—we then went to the Fountain—we there had something to drink—she pretended to be sick, and went out—some men who were there said something to me, and I went to the Royal Oak, and my box was gone—I told the policeman, and the next day I saw was the box in the station—it contains the articles stated.
ELIZABETH FRIEND . I live at the Royal Oak with my mother. I remember the box being left there by the prosecutrix—the prisoner came afterwards and said she came for the box—she had it, and said she was much obliged to us—I am sure she is the person.
PHILADELPHIA BARNES . I remember the prisoner coming to my public-house with the box—she went into the tap-room with it, and had half a pint of beer—she came out, and asked for a knife, and said she had lost the key of the box—she asked if I had a key—I said I did not think I had—the officer came and took her.
Prisoner's Defence. I met the prosecutrix—she asked me to help her with the box, which I did—I was in liquor, and do not know what I did.
GUILTY .* Aged 20.— Transported for Seven Year.
EDWARD DAVIES (police-constable R 123.) The prisoner was a constable of the same division as me. On the morning of the 30th of May, I missed a flannel waistcoat, between nine and ten o'clock—I went to the prisoner, and said, "Day, I have missed a flannel waistcoat, have you taken it in mistake?"—he said, "No"—I said, "I think this is mine you have on"—he said, "No, it is mine"—I said, "If you will give it up, it will be all right"—he said, "I will not give up my own waistcoat"—I said I would report him—I came out of the room—he came out, and said, "Don't report me, I will give you 2s."—I went down and reported him—the inspector sent me to bring him down, and he was ordered to appear before the superintendent.
Cross-examined by MR. PHILLIPS. Q. Do you know Green? A. Yes, he is not here—I told Green I had lost a waistcoat—Green said, "Day has it, I dare say"—I did not know that the prisoner was about to be promoted to the horse-patrol—I never heard of Green having any quarrel with him—I never heard of the cupboard in which my waistcoat was, being open to five policemen—there are five cupboards in the room, but tere is but one door to them—the policemen are in the habit of wearing each other's things sometimes.
Q. Have you been drinking with the prisoner since you accused him of this robbery? A. No, I have not—he has asked me—I have drank with him.
NOT GUILTY .
GUILTY . Aged 39.— Transported for Seven Years.
1771. JOHN COPPER was indicted for stealing, on the 12th of June, 1 bag, value 1d.; 1 sovereign, 1 crown, 2 shillings, and 1 sixpence, the property of Henry Luxford, from his person; to which he pleaded
GUILTY . Aged 20.— Transported for Ten Years.
MR. BODKIN conducted the Prosecution.
REBECCA NOTLEY . I am the wife of John Notley—he is a stationer, and lives at Greenwich. On the afternoon of the 20th of May, the prisoner came and asked for a pen—it came to a halfpenny—he gave me a shilling—I put it into the drawer, and gave him the change—there was one other shilling in the drawer which I put the shilling in that the prisoner gave me—in the evening I looked into the drawer, and found both the shillings were bad—on the 25th of May the prisoner came again about nine in the evening—he asked for a sheet of writing-paper—I remembered him again, and am certain he is the person—he offered me a bad shilling—I spoke to my husband, and the policeman was sent for—I gave the last shilling to the policeman—my husband had the former two shillings.
JOHN NOTLEY . I am the witness's husband. On the 20th of May my attention was drawn to the two shillings in the till—they were both bad—I marked them both, and gave them to the officer—I saw the prisoner again on the 25th, and received a shilling from my wife—I gate it to the policeman.
GUILTY .* Aged 18.— Confined One Year.
WILLIAM ROCKLIFFE . I am a baker. On the 27th of May I was delivering bread in Victualling Office-row, Deptford, about twelve o'clock—I left my barrow outside, as they will not let me take it in—I lost one loaf.
Cross-examined by MR. PAYNE. Q. Did you see it taken? A. No—I had counted my loaves before I went out, which was about half an hour—I had called at about six places.
WALTER SMITH . I am apprentice to a carpenter. I saw three boys there, and one who is not here, took a loaf out of the barrow—the two prisoners were with him—Murphy opened the lid of the barrow for him.
NOT GUILTY .
ELIZABETH SHOTT . I am a widow, and live at Woolwich. I saw my watch in my kitchen, on the 1st of June, at twelve o'clock in the day, and missed it at ten at night—this is it—the prisoner used to come to my house once a week or so, to borrow a barrow, and he had been there the day I lost the watch.
REBECCA GRAYSON . I am the wife of William Gray son—we keep the Old Chatham public-house at Woolwich. The prisoner was my pot-boy for about five months—he owed me 4l.—on Monday evening, the 7th of June, I found a duplicate of a watch on him, and this watch on his person—I saw the key banging out of his pocket, and took the watch from him.
Cross-examined. Q. You saw the key hanging out? A. Yes—there was a watch missing from my house, and that was the way I detected this.
GEORGE BROUGHTON . On the 9th of June, I was at Mrs. Grayson's, and there was a piece of work about a watch—I asked to look at it, and took it down to Mr. Spurge, as I said it might have been purchased there with Mrs. Grayson's money.
WILLIAM SUTTLE (police-constable R 205.) I took the prisoner—I said I wanted him for stealing a watch from Mrs. Shott—he said he purchased the ticket of it of a sailor, for 1s. 6d., and the watch cost him 8s. 1 1/2 d. to get it out—the other watch was not produced at the time—I was speaking of this watch.
Cross-examined. Q. Did he not say he did not steal it? A. Yes—he said he got it from Mr. Booth's the pawnbroker.
ROBERT JACOB BOOTH . I am a pawnbroker—I had a watch in pawn which was taken out by the prisoner, but whether this is the same, I cannot tell—the one I had was redeemed on the 7th of June, by another watch, which the prisoner is charged with stealing.
Cross-examined. Q. Are you the person who took the watch in which was redeemed by the other? A. Yes, but I cannot say who pawned it—it was in the name of Edward Green—I do not recollect what sort of a man it was, or how he was dressed—he might have been dressed at a sailor—the prisoner pawned the second watch in the same name, Green—I really cannot say whether he is the person who pawned the first watch.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined One Year.
CHARLES JACKSON . I am shopman to George Jackson, who keeps a shoe shop in London-street, Greenwich. I saw these shoes safe at six o'clock in the evening of the 15th of May—I missed them about twelve—these now produced are my master's shoes—I do not know how they went—I saw the prisoner in the evening, about the window.
Cross-examined by MR. CLARKSON. Q. Is his father a master tradesman in Deptford? A. Yes, and a respectable man—I saw the shoes at six o'clock at the door on the side-rail, just over the upper step.
REUBEN BALDY . The prisoner was my apprentice—I received this pair of shoes from my wife on Sunday the 16th of May—I asked the prisoner where he got these shoes—he said he bought them at Victoria-house—I said, "What did you give for them?"—he said, 2s.
Cross-examined. Q. How long has he been your apprentice? A. Nearly three years—his parents are very respectable.
NOT GUILTY .
ALEXANDER JEANS . I am a plumber, and live at Greenwich. I had some beds and quilts in a stable at the back of the house—on the 12th of April I missed these two beds—the prisoner had helped me put them in—he had no right to take them—he took one, and then I said if he would bring it back I would say nothing about it, and about a fortnight after he took the other.
Cross-examined by MR. PHILLIPS. Q. Are these yours? A. Yes—the prisoner had lived with me about two months—I had known him about eight months—my brother does not claim any of these beds—I am sure of that—I asked the prisoner whether he had taken one of these beds and he said he had, he took one first—he said he meant to return it—I did not forget that—I do not know why I did not mention it—I keep a marine store-shop—I never was taken by myself—I went as a witness—I was handcuffed with the prisoner by mistake—it was when I kept a marine store-shop—I went as a witness against Mary Tuck—they hand-cuffed me for about five minutes—I do not know why—I do not know what the policeman said when he put the handcuffs on me—I asked him why he put them on—he said because it was his orders—the sergeant ordered it—I was handcuffed because I bought some lead of a dealer in marine stores—they said the lead was stolen—they did not take me up as a receiver—the woman was the receiver who bought it of the boys—it is about four months ago—I left Woolwich and went to Greenwich after that, as I let my shop—I owed the prisoner no wages when he left—I never swore he took the other bed three days after—(deposition read)— "About three days after, I went and missed the other—there were other articles gone."
COURT. Q. How did these beds come into the stable? A. A person wanted to take my house, and I put them into the stable—there was a padlock outside, but if the wind blew, it blew the staple out—I missed one bed—I met him in the street, and asked him if he had taken it—he said he had not, at first—I said some one saw him take it—he then said he had—I did not know at that time the second was stolen—I did not authorize him to take the second.
GUILTY . Aged 19.— Confined Three Months.
2 sheets, value 3s.; 2 blankets, value 8s.; 1 looking-glass, value 8s.; 4 yards of carpet, value 10s.; 1 pillow, value 1s.; 2 towels, value 6s.; 1 frock, value 2s. 6d.; 1 pair of trowsers, value 2s. 6d.; and 2 pillow-cases, value 2s.; the goods of Elizabeth Matthews.
ELIZABETH MATTHEWS . I am a widow, keeping a lodging-house in Lower Market-street, Woolwich; the prisoner lodged a considerable time with me. On the 7th of June she left, and her husband gave me a lot of duplicates—I found I had lost these things—I believe they were in distress.
Prisoner's Defence. We were in great distress.
GUILTY . Aged 23.—Recommended to mercy by the Jury.— Confined Three Days.
JAMES AFFLICK . I am an artist, living in Gillinghamitreet, Pimlico. At half-past twelve o'clock, on the 1st of June, I was looking at a show at Greenwich—I put my hand into my pocket, and missed my handkerchief—a person tapped me on the shoulders, and gave me information—this now produced is it—the prisoner gave it up.
Cross-examined by MR. PAYNE. Q. Did he give it up in your presence? A. Yes, it came from some part of his person, I did not see where—there was a great crowd of persons.
RICHARD TYAS . I was there—I saw the prisoner put his right hand into the prosecutor's left-hand coat-pocket, and take this handkerchief—he put it into his left-hand trowsers'-pocket, took it out, and gave it to me.
Cross-examined. Q. What are you? A. A workingjeweller living in Seward-street—I had been there all day—I was there three days—I never saw the prosecutor before.
CHARLES STURT (police-constable R 86.) I came up about half-past ten o'clock—Tyas was in a tussle with the prisoner—I saw the prisoner give the handkerchief to Tyas—lie said it was do use, he had done it.
(The prisoner received a good character.)
GUILTY . Aged 23.—Recommended to mercy by the Jury.— Confined Three Months.
CHARLES HENRY PRICE WRIOHT . I am clerk to Milne and Parry, of Pallmall. I was walking in Greenwich fair, on the evening of the 31st of May, and I missed my handkerchief—I had seen it safe five or ten minutes before—this now produced is it.
CHARLES BURGESS GOFF (police-constable L 81.) I was at the fair about nine o'clock—I saw the prisoner pushing through the crowd—I saw him take the handkerchief from the prosecutor's pocket—he turned away and I acquainted the gentleman.
had seen—I took the prisoner, and found this handkerchief in his breeches—on searching him, I found a breast-pin in his trowsers'-pocket.
Prisoner. My parents made me a present of the pin.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Three Months.
ROBERT FOWLER . I am apprentice to an engineer in King-street, Deptford. On the morning of the 9th of June I saw the prisoner enter Mr. Sawyer's shop, and take about six rolls from the counter—they have not been found.
GUILTY . Aged 20.— Confined Six Days.
Before Mr. Sergeant Arabin.
1781. HENRY KENT was indicted for stealing, on the 2nd of June, 1 pair of gloves, value 1s., the goods of Charles Mortimer, from his person. —2ndCOUNT, stating it to be the goods of a man unknown; and that he had been before convicted of felony.
JAMES BRANNAN (police-sergeant N 69.) I was at Greenwich fair, in plain clothes—I saw the prisoner there, and watched him—I saw him go behind a gentleman and lady, who were playing at a game—I saw him turn up the skirt of the gentleman's coat, and feel his pocket—he then put his hand into his pocket, and took it out—he put it in again, and took out this pair of gloves—I seized him—he put the gloves under one arm to conceal them—the gentleman turned, and said, "They are my gloves, and worth 1s. 6d."—he came to the station, and gave his name Charles Mortimer, Winbournplace—he made no appearance the next day—I went to the place, but no such person lived there.
Prisoner's Defence. In going through the fair there were a lot of people round a gambling table, which drew my attention—I saw the gentleman put his hand into his pocket, and in drawing it out he let the gloves fall to the ground—I picked them up, but before I could return them I was taken by the officer.
GUILTY . Aged 27.— Transported for Ten Years.
Before Mr. Recorder.
GUILTY .— Confined Six Months.
MARTHA STAFFORD . I am a widow, and live in Last-lane, Greenwich. I gave the prisoner leave to sleep up stairs in my house on the 3rd of June, and on the 4th I missed this shawl and piece of net—they are worth 1s. 9d.—these are them—I had folded up this net in a bit of paper, and put into a little box.
Prisoner. I asked her for the loan of a shawl for half an hour—she told me to go up stairs, and the little boy lent me the shawl—I was taken very ill and not able to go out, or I should have returned it. Witness. She did not ask me to lend it her.
HENRY JOHN STAFFORD . I am eleven years old. On the 4th of June I saw the prisoner—she asked me to lend her my mother's shawl—I told her to go and ask my mother—she took the shawl, put it on her neck, and aid she would not be long before she was back.
Prisoner. I picked up the piece of net and gave it her.
JOHN WALKER (police-constable R 182.) I took the prisoner on the 17th of June, with this shawl on her shoulders—I had Been in search of her for seven or eight days—she was seen the day before I took her, and was as well as she is now.
GUILTY . Aged 86.— Confined One Month.
Before Mr. Common Sergeant.
WILLIAM EDWARDS . I am a waiter at the Barrack Tavern, at Woolwich. The prisoner slept in my room—I had a box in the room, containing two sovereigns and two shillings—I saw it safe on Saturday night, the 15th of May, at eight o'clock, and missed the two sovereigns on the Sunday morning about one—no one else had been in the room but the maid servant—the prisoner came in on the Saturday night at very near twelve o'clock, and I went to bed a little after twelve—I got up the next morning a little after six, and left him in bed—the maid generally comes in between nine and ten—she was living there nearly twelve months—I spoke to the prisoner about this—he said he knew nothing of it—he had slept with me on the Friday night.
Cross-examined by MR. PHILLIPS. Q. Why is not the maid-servant here? A. I do not know—I did not ask the prisoner to give me 25s. or 30s., or any sum of money, and say I would say no more about it.
URIAH EDEN (police-constable R 81.) I took the prisoner on the Tuesday—I asked him if he knew any thing about the two sovereigns—he said he did not—when he got to the station I asked if he had changed any money since Saturday night—he at first said he had not, and then he said he recollected changing at sovereign at the Red Lion public-house on Saturday evening, and he was quite sure he had not changed any other.
SAMUEL FOREMAN . I am potboy at the Duke of Sussex public-house, al Woolwich. On Sunday the 16th of May, the prisoner came there for a pot of ale—he gave me a sovereign, and I gave him 19s. 6d. change.
MARY KELLY . The prisoner was in the habit of coming to my house, and paying his addresses to Louisa Attwood, a lodger of mine. On Saturday night, the 15th of May, he gave me 8s. in silver—he did not give me any gold—this is my writing to this deposition.
Q. Did you not say, "About nine o'clock on Saturday evening, the 15th of May, the prisoner came to me and paid his lodging—he gave me a sovereign—I gave him change"—did you swear that? A. No, my Lord—I saw him go into a house and change a sovereign, and he paid me 8s.
Cross-examined. Q. How has he got his living? A. By working as a plasterer for Mr. Jolly—he earned 28s. a week.
MR. PHILLIPS called
JOHN GRATTAN . I am a sergeant in the 6th battalion of the Royal Artillery. I knew the prisoner—in the latter end of June, 1840, he joined the Company to which I belong, but he had been in a battalion before that have known him fifteen or eighteen months—he was discharged on—I account of having fits, about the 15th of April—I was present when the Quarter-master paid him marching money to the amount of 17s. 6d.
NOT GUILTY .
Before Mr. Recorder.
1785. JOHN THORNE was indicted for unlawfully forging a paper-writing, with intent to injure and defraud John Gateskill.—2nd COUNT, for uttering the same.—Other COUNTS, for obtaining money by false pretences.
The prisoner pleaded GUILTY to the two first Counts, and no evidence was offered upon the others.
Confined One Month.
HENRY WHITE . I am in the service of John Horne, of St. Margaret's-hill, High-street, Borough. These handkerchiefs were on a pile of goods on the night of the 20th of May—I saw them safe about half-past eight or nine o'clock—between nine and ten I went to the door and found the prisoners in custody—I then missed the handkerchiefs—these are them—they have our mark on them.
CORNELIUS LANK (police-constable M 144.) On the 20th of May I saw the prisoners near Mr. Home's—I saw Overy come from the door three or four yards to the front of the window and pass this piece of handkerchief to Davis—I ran across the road and secured them both—they resisted all they could, and Davis threw the handkerchiefs down after I took him —I had not seen them in company before I saw Overy with the handkerchiefs—they went at once to the shop.
Davis's Defence. Overy picked the handkerchiefs up and passed them to me, and the policeman came and took me.
CORNELIUS LANE re-examined. I produce a certificate of Davis's former conviction, which I got from the Clerk of the Peace's office at Newington Sessions House—I was present at his trial—he is the person mentioned in the certificate—(read.)