CENTRAL CRIMINAL COURT.
NINTH SESSION, HELD JULY 5TH, 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, July 5th, 1841, and following Days.
Before the Right Honourable THOMAS JOHNSON , LORD MAYOR of the City of London; the Right Honourable James Lord Abinger, Lord Chief Baron of Her Majesty's Court of Exchequer; Sir Edmund Hall Alderson, Knt., one other of the Barons of her Majesty's Court of Exchequer; and Sir John Williams, Knt., one of the Justices of her Majesty's Court of Queen's Bench: Anthony Brown, Esq.; Sir Peter Laurie, Knt.; Thomas Kelly, Esq.; Sir John Cowan, Bart; and Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Lainson, Esq.; William Magnay, Esq.; and John Kinnersley Hooper, Esq., Aldermen of the said City: John Mire-house, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
JOHNSON, MAYOR. NINTH 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, July 5th 1841.
First Jury, before Mr. Common Sergeant.
(This case arose out of an endeavour forcibly to take possession of a house and stock of furniture, under a claim of partnership. A verdict of GUILTY was recorded by consent, and the defendants entered into sureties to appear for judgment when called upon.)
GUILTY . Aged 20.— Confined Three Months.
GUILTY . Aged 15.— Confined Three Months.
JOHN JAMES SIMONS . On the 24th of June the prisoner brought this spoon to my shop for sale—it is in two pieces—I asked him where he got it from—he said it was his—I requested him to tell me where his master lived—he would not, and I took him to the police-office.
24th of June, about ten o'clock in the morning, the prisoner brought this broken spoon to me.
GUILTY . Aged 17.— Confined Six Months.
Cross-examined by MR. PHILLIPS. Q. Had you a character with the prisoner? A. I had, a very good one—I would take him into my service again.
DAVID KAUFFMAN . I am a watchmaker, and live in Edgeware-road. On the evening of the 23rd of June the prisoner brought this spoon, broken, and asked if I would buy it—I asked how he came by it—he said it was his, he had brought it from his master, Andre, a butcher, in the London-road—I said I would go with him and see if it was right—I went out with him, and he ran away—I gave him in charge.
(MR. PHILLIPS, on the prisoner's behalf, stated, that he had found the spoon in the hog-tub, and, finding no inquiries were made about it, went to sell it.)
GUILTY. Aged 15.—Recommended to mercy. — Confined One Day.
HENRY HUBERT . I am a warehouseman, in Wood-street, Cheapside, On the 22nd of June, about ten o'clock at night, I was going down Fleet-street—I missed my handkerchief, turned round, and saw it in the hands of the witness Baker, and the prisoner in charge of a policeman—I did not feel it taken—I had not used it since about half-past seven or eight o'clock, when I left Wood-street—this now produced is it.
GEORGE BAKER . I live in Fleur-de-lis-court, Fleet-street; I was in the police, but am now a constable under the Commissioners of Sewers, On the evening of the 22nd of June I saw a cab-horse down in Fleet-street—I saw the prosecutor, and saw the prisoner and another cross from the left-hand side of the way to the right—I saw the prisoner lift the prosecutor's pocket with his left-hand, and take the handkerchief out with his right—I immediately collared him, gave him into custody to the officer, and picked the handkerchief up.
Prisoner's Defence. I was coming from my aunt's, and met a lad who I asked the nearest way to Cheapside; as we were coming down Fleet-street a horse had fallen, and there was a mob; all at once the lad left me, and I was charged with this; I did not touch the handkerchief.
GUILTY .* Aged 19.— Transported for Ten Years.
WILLIAM TABOR . I am a wholesale druggist, and live in Fenehurch-street. About nine o'clock in the evening of the 18th of June I was in Lombard-street—I missed my handkerchief, turned round, and saw a person near me, and the prisoner a little behind him—I said nothing—I allowed the person near me to walk away, and kept my eye on the prisoner—he passed me, and looked into a perfumer's shop—he seemed not to know whether to run or what to do—a person came up and looked in at the same window—he asked that person where Abchurch-lane was—he said, "This way"—he then ran—I followed him—he looked at several doors in Abchurch-lane—I kept pretty near to him, and when at the bottom of Abchurch-lane, near King William-street, I saw a policeman—I then taxed the prisoner with having my handkerchief—he immediately produced it, either from his waistcoat or coat, and said, "Why did you not say it was yours when you saw me pick it up?"—I had not dropped it that I am aware of—I am sure the handkerchief he produced was mine—this now produced is it.
DAVID WILLIAM BARTHOLOMEW FORD (City police-constable. No. 422.) I took the prisoner into custody—he took from his waistcoat this handkerchief—I afterwards found two others—one was round his neck, but it is a pocket-handkerchief—they have no marks on them—they did not appear to have been long in his possession, as they smelt of perfume.
Prisoner's Defence. I took the handkerchief off the ground, and gave it to the gentleman directly he asked me for it.
GUILTY . Aged 19.— Transported for Ten Years.
JOHN SPARROW . I am in the service of Charles George Ladensach and another, linen drapers, in St. John-street. On the 22nd of June, between eight and nine o'clock in the morning, the prisoner came to the shop followed by another man—the other one asked to look at some calico—I showed him some—he asked the prisoner if it would do—he said, "Very well"—he did not take particular notice of the calico—I had rather a suspicion, and kept my eye on him all the time I was serving the other—the other man gave me a half-crown—I put it into the till—I did not give him the change, as he asked to look at some half-hose—while getting some down, I saw the prisoner take a piece of diaper from a pile of linen, and conceal it under a black bag or wrapper which he had—I directly jumped over the counter, and knocked at the door for my employer to come out—he came out immediately—the prisoner went away with the diaper and bag—I went after him, and took him—he was standing shuffling with the black bag—I saw it dropped after I collared him, and another man went away with it—I do not know where he ran to—I can swear the prisoner is the man who took the diaper out of the shop—a woman afterwards came and told me that the black bag and diaper was lying in the road—I went out, and some person gave it to me—this is it.
Cross-examined by MR. PHILLIPS. Q. Had you ever seen the man you
call the prisoner before? A. Not to my knowledge—the woman that came in did not tell me that he was not the person—I did not hear her say any thing at the station—the prisoner followed the other man in—I was not attending to the other man when the prisoner came in—he was in the shop at the time—I have never sworn that while I was attending to the other man the prisoner came in—they both came in after the calico—the other man came in and asked me for some calico, which I showed him, and directly after that the prisoner came in.
Q. You have sworn to-day that the prisoner came in followed by the other man? A. So he did—they were both together when they came in, one followed the other—I should say this took altogether between three and four minutes—the prisoner did not deny he was the man—I never swore "the prisoner said it was not him"—I never swore any such thing—he did say it was not him.
COURT. Q. Are you sure you saw the prisoner take the diaper? A. I will take my oath of it, and that he went out of the shop with the diaper in the bag, and when I tried to get the bag away from him he struggled to prevent me—the other man ran away, and left his half-crown and calico in the shop.
NOAH STONE (police-constable G 56.) On the 22nd of June I was on duty in St. John-street, a short distance from the prosecutor's shop, and saw a crowd of people near it—I went up, and saw Sparrow outside with the black bag and diaper, and the prisoner—I took him into custody—he said he was not the man, that he was coming past the door, and saw two persons rush out—Sparrow said he could swear to the prisoner.
Cross-examined. Q. Did he not say that the shopman name and collared him, but he knew nothing of stealing it? A. Yes—a woman afterwards came to the station, and declared he was not the man that had done it—Sparrow saw her—I did not know her—I told her to attend at the police-office next day to give evidence on the prisoner's behalf—she asked the inspector who was to pay her for her loss of time—I do not know what answer he made—I did not tell her she would not be paid—I heard that she was to attend at Hatton-garden—I do not know whether she was the woman that brought in the black bag.
DANIEL REEVE examined by MR. PHILLIPS. I am partner to Mr. Ladensach. I saw the prisoner brought in by Sparrow—a woman came to the door with the black bag in her hand, and said, "Here is your linen, I found it across the road; it was dropped by another man, who has run up Aylesbury-street."
Prisoner's Defence (written.) "I was proceeding along St. John-street, and a few yards beyond the prosecutor's shop two men rushed past me, and almost threw me down; I then observed one of the men open what appeared to be a black bag, and the other put something into it, but what it was I cannot say; at this moment my attention was arrested by the sound of some person running behind me; I then turned, and immediately the witness Sparrow came and accused me as the person who had taken the diaper from his employer's; but before accusing me he looked round him in a confused manner, not knowing, apparently, who to charge; at this moment I observed the two persons before mentioned cross over and go up a street on the opposite side of the way; while waiting beside the
shop with the officer, several persons came and said I was not the man, for they also had observed two or three persons run up the street opposite; a woman said she had observed two or three men run up the street before stated, that they threw the bag down close to her truck, and she immediately picked it up, carried it to the prosecutor's shop, and gave it to Mr. Reeve; this woman, at the request of the officer, accompanied us to the station, and told the sergeant that she was confident I was not the man, for that she had observed two or three men run up the street and drop the bag close to her truck; the sergeant then said, 'If that is all you have to say you may go about your business, but if you like you may attend at Hatton-garden between ten and eleven o'clock;' the woman then asked whether, if she attended, she would be paid for her loss of time, and the police-sergeant said,' Oh, no;' she then went away; at my examination the following day the Magistrate desired the officer to make every inquiry for the purpose of finding out the woman, but the officer was not able to find her; now, it is my opinion that the sergeant was very much to blame in not taking the evidence of the woman at the station, as it might have been the means of proving my innocence."
GUILTY . Aged 49.— Confined Six Months.
1818. JAMES DOBSON was indicted for stealing, on the 1st of January, 12 yards of carpet, value 5l. 8s.; and 3 rings, value 12s.: also, on the 1st of December, 18 yards of carpet, value 2l. 9s. 6d., the goods of William Butcher and another, his masters; to both of which he pleaded
GUILTY.—Recommended to mercy. — Confined Six Months.
NEW COURT.—Monday, July 5th, 1841.
Fifth Jury, before Mr. Sergeant Arabin.
MR. BALLANTINE conducted the Prosecution.
CHARLES MULLER . I am a foreman of the tobacco warehouse, London Docks. At a quarter before three o'clock, on the 17th of June, I was walking round the back gangway of the warehouse, which had about 12,000 hogsheads of tobacco in it—I saw a cask of tobacco lying on the ground, turned over, the head had been forced out—I saw a quantity of tobacco had been taken from it—on looking over a cask, I saw the prisoner stooping down—I went towards him—his trowsers were down, and some tobacco was sticking out of them—I was near enough to be certain of that, and there was tobacco lying by his side—I asked what he was doing there—he said, "I am taken very bad, I am come to ease myself"—there were privies two hundred yards off—I said he must come along with me—he pretended to be bad, and began to cry, like—I told him he must come along with me—I wanted to lay hold of him—he jumped over the cask, and ran down the gangway—I lost sight of him—I ordered the warehouse doors to be shut, which was done immediately—that would prevent any one going out—the prisoner had no right there at all.
JOHN GEORGE (police-constable H 20.) I was called to the London Docks. I went to the tobacco warehouse, and made search for the prisoner—at last I found him hidden between four hogsheads of tobacco—I told him to come up—he said he was doing no harm—I took him into custody—as I was taking him he said he had gone into the corner to ease himself—the tobacco was pointed out by Muller—there are fourteen pounds.
GEORGE HUMBERSTONE . I am foreman-keeper of the tobacco ware-house. I have seen the tobacco cask mentioned—it had no right to be opened in the way it was—if it had been opened for a legal purpose it would have been done in a different manner—the top layer of tobacco was gone—it corresponded with the tobacco produced.
COURT. Q. Suppose the cask had fallen accidentally, could it have got out? A. No, it could not have fallen in any way
(The clause of the Act of Parliament empowering the Company to sue and be sued in the name of the London Dock Company, was here read.)
Prisoner's Defence. On the 17th of June I called at the tobacco docks to see a friend. I was taken ill, and had occasion to search for a place—the only place I could find was between some hogsheads—when I was coming from there, a person asked what I was doing—I said I was taken bad—he said that would not do, and tried to collar me—I ran, thinking he could indict me for a nuisance—I know nothing about the tobacco, and never handled any.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 38.— Confined Six Months.
GUILTY . Aged 30.— Confined Nine Months.
1822. MARY ANN THOMPSON was indicted for stealing, on the 19th of June, 2 pairs of boots, value 2s.; 2 towels, value 4d.; 1 nightcap, value 3d.; 1 bag, value 3d.; and two sheets, value 2s.; the goods of Samuel Childs, her master.
ELIZABETH CHILDS . I am the wife of Samuel Childs, and live in Earl's-court, Kensington. The prisoner lived with me as maid of all work for nine weeks—she quitted my service on the 18th of June—I discharged her—she sent a man for her box next morning—I suspected something, and would not let him have it—I told him to go back, and fetch her —she came—I told her I suspected she had some of my things—she refused to openjt for some time—she forced it open at last, and said she had not got the key—I found these articles in it—I had not given them to her.
Prisoner. I said I should be happy for her to look into my box—she said, "No, I shan't." Witness. She said so while she was packing it up—I thought it was no use to go if she asked me—but after she was gone I missed the boots.
JOHN SMITH . I am a shoemaker. Mr. Childs bought these boots at a sale, and showed them to me—I never saw a pair of boots like them—I could swear to these boots, from five thousand—the outside is calf-skin dressed, and the inside is cordovan.
Prisoner's Defence. These boots belonged to a brother of mine, that
died at sea—Mrs. Childs was routing the old ones out of the cup-board, and said, "If there is any you wish you may have them"—I took the other pair, and wore them there—I left the key in my box, and when I returned next day there was no key in it—these things were not in my box—I broke a glass, and she threatened to kick me out of doors.
ELIZABETH CHILDS re-examined. I missed these boots while they were good—I gave her some, but not these—when I found the things I sent for a policeman, and she made her way to the Magistrate, and accused me of stealing the boots from her—I missed shirts and other linen, which caused me to look after her.
GUILTY. Aged 22.—Recommended to mercy by the Jury. — Confined Six Weeks.
OLD COURT.—Tuesday, July 6th.
Second Jury, before Mr. Common Sergeant.
1823. JOSEPH LINTON was indicted for forging and uttering, on the 16th of June, a request for the delivery of goods, with intent to defraud John Foreman; also for a like offence, on the 3rd of June; to which he pleaded
GUILTY . Aged 14.—The prisoner received a good character.
Confined Two Years.
GUILTY . Aged 30.— Confined Two Months.
GUILTY . Aged 28.— Confined Three Months.
GUILTY . Aged 18.— Confined Three Months.
FREDERICK WILLIAM SECKERSON WOOD . I live in Liverpool-street, King's Cross. On the 29th of June I was in King-street, Cheapside, at the Election—there was a crowd—I bad a pin in the breast of my shirt, and lost it—I charged the prisoner with taking it—e denied it, and offered to be searched—a person near me accused him of it—the pin has not been found—I felt it drawn out of my shirt.
Cross-examined by MR. PHILLIPS. Q. There was a great crowd? A. Yes—he said he was willing to be searched—it is what I call a union pin, which is two pins united by a chain.
JAMES BROWN . I live in Upper Ground-street, Blackfriars. I was in King-street, and saw the prisoner fumbling at the prosecutor's breast—I saw him put one hand deliberately on one part of the pin; the other pan was covered with a handkerchief—I saw him draw it from the prosecutor's breast—he had a yellow silk handkerchief in his hand, which covered one part of the pin—he put his hand down by his side—I cannot say what became of the pin—I gave information to the prosecutor—I am quite sure the prisoner is the man I saw take the pin—I could see the large part of the pin and the chain.
Cross-examined. Q. Did the prisoner speak to any body? A. No—I was close to him—I have been in the china and glass trade, but have been out of business since December last—the prisoner went instantly with the prosecutor to be searched—there were thousands of people there—I believe there was one man between me and the prosecutor—I saw the prisoner searched at the station—nothing was found on him but the yellow handkerchief.
— ROLFE. I am a policeman. I took the prisoner in charge, and found a yellow handkerchief on him.
GUILTY .* Aged 21.
1828. JOSHUA WETHERALL was indicted for stealing, on the 23rd of June, 2 hand-rails, value 5s.; 3 brass knobs, value 2s.; the goods of Henry Mitchell and others, in a vessel in a port of entry and discharge.
THOMAS ASHTON . I am a ship-broker, and live in George-yard, Lombard-street. A vessel called the Rose was under my care for sale—I believe she belonged to a company called the Newcastle Company—Henry Mitchell is one of the owners, and I know there are others, but I do not know them—they own the Rose, and the articles in it.
Cross-examined by MR. BALLANTINE. Q. Have you seen Mitchell? A. Yes—he has told me he was a director of the company—I do not know that the vessel is registered—I cannot say whether it is an incorporated company.
Q. Will you swear Mitchell has more than one partner in the vessel? A. The only answer I can give is by the correspondence—I have corresponded in the name of him and others—I simply directed to W. Mitchell, Esq., and received answers signed "H. Mitchell"—he did not sign for himself and colleagues, because he was managing man—he has told me he was a director—I cannot swear it—I believe it—I do not think it is an incorporated company.
CHARLES M'GREGOR . I am ship-keeper of the Shell steam barge, in the West India Dock. I was sitting on the bulwark of the Colchester steam-tug, in the South Dock, about eight o'clock in the evening of the 23rd of June, and saw the prisoner pass with a bag on the canal bank—the Rote was about two hundred yards from me—in about twenty minutes I saw the prisoner come back again—as soon as he saw me, he dropped in to the bank of the timber-pond, with something in his band similar to this brass—he walked down along the water's edge, and was coming out at the corner—he then had nothing in his hand—I told Shires to go and get the brass out—he went, and brought it from the pond where the prisoner had been—I went up, and gave the prisoner in charge at the gate—I am certain he is the man I saw with it in his hand.
Cross-examined. Q. Did you know him before? A. I had seen him
there for a day or two—I have been on board the Rose, as I was acquainted with the ship-keeper.
COURT. Q. When he went into the timber-pond with something, did he come in a direction from the Rose? A. Yes.
MR. BALLANTINE. Q. When you first came up, did you say to the prisoner, "You should walk quietly, and not meddle with things not belonging to you?" A. Yes—he said, "I have meddled with nothing"—I said, "You have been taking this brass"—he said, "I have not"—when I saw him with it, he had one end under his arm, and the other in his hand—I am not sure he had not two in his hand—I pointed him out to Shires, but his back was to the prisoner; and by the time he could look, the prisoner was down the bank too low for Shires to see the brass—I was never charged with doing any thing wrong at the Rose—no charge has been made against me—it was never said I had put the brass it where was found.
Cross-examined. Q. Did you see this other piece? A. The officer found the other—I was with M'Gregor—he said, "What has that man got under his arm?"—I looked, but he was too low down the bank for me to see any thing but his head and shoulders.
Cross-examined. Q. Is M'Gregor a friend of yours? A. He belongs to the iron steamer, and comes on board when I ask him to pump the vessel out sometimes.
COURT. Q. Have you ever charged M'Gregor with any thing? A. Never.
GUILTY . Aged 34.— Confined Two Months.
1829. CHARLES ASHTON was indicted for stealing, on the 18th of June, 3 bushels of a certain mixture of clover, oats, and straw, value 2s., the goods of William Dalton and another, his masters; and GEORGE WORCESTER , for feloniously receiving the same, well knowing them to be stolen; against the Statute, &c.
WILLIAM COUSET WRIGHT . I live at Upper Clapton, in the county of Middlesex. On the 18th of June, about six o'clock in the afternoon, I was in my counting-house, opposite the Rose and Crown public-house, Cambridge Heath, and saw two coal wagons draw up to the door of the Rose and Crown—the horses of the first wagon had nose-bags on—there was a bag apparently full of horse's food in the second wagon—I saw the prisoner Ashton with a sack full of something on his back—he walked towards the Rose and Crown stable—I lost sight of him, and very soon after saw him come out of the stable without any thing—a little while after I saw the other prisoner bring what appeared to be the same sack, empty—he took it towards the second coal wagon, and threw it in—the sack I had first seen there was gone—I spoke to a policeman, and they were taken into custody—the name of "Anti-Coal Monopoly Company" was on the wagon.
EDWARD SUTTON . I am watchman at the premises of William and John Dalton, coal-merchants, Milbank-street, Westminster. Ashton was our carman, and drove a wagon—he left home on the 18th of June with a load
of coals—two wagons went—each of them had a sack of provender—I knew nothing of what it contained.
Cross-examined by MR. BALLANTINE. Q. How far from town were they to go? A. To Homerton—I have only been with Mr. Dalton two months—I understand he had a high opinion of Ashton.
HENRY PHILLIPS . I am a chaff-cutter at the prosecutor's. I have examined a bag of horse food produced by the officer at Worship-street—it is very like the food I cut, and the same sort of mixture—I cannot swear to it—I did not give it out—I only cut and mixed it—I cannot swear it is the same, it is impossible to say, my belief is, it is like it—I cannot say more—another person might have the same sort of stuff in his possession.
Cross-examined by MR. PHILLIPS. Q. You cannot form a belief that it is the same? A. I cannot say more—here is straw and clover, and that is what I cut.
COURT. Q. Did the mixture you examined contain the same portion of clover and straw as you cut? A. It did—it is clover, hay, and corn.
EDWARD SUTTON . I am in the service of Messrs. Dalton. Ashton left in the morning of the 18th of June, to go to Homerton—he had a sack with him, with about three bushels of food—we had two more wagons to go the same road.
Cross-examined. Q. Were the three wagons to follow each other? A. Yes, but the last was an hour behind—the man who drove it is not here.
COURT. Q. Each team bad its corn? A. Yes, the nose-bags were full, besides the sack.
HENRY FRANCIS . I am a policeman. Mr. Wright called me—I waited till another policeman came up—I then went into the Rose and Crown public-house—two empty coal wagons were there—I went to the nose-bag, and took a small portion from it—I took Ashton into custody, and told him it was on suspicion of stealing "meat" belonging to his master—he said I was mad, and asked to go outside the door—I went out with him—the other officer went after Worcester, brought him in, and cautioned him not to say any thing, as it would be produced in evidence against him—Ashton said he had brought the corn there for another wagon that was left behind—that is all he said—I have been in the police two years—this is my deposition (looking at it.)
Cross-examined by MR. PHILLIPS Q. Did you see me go and speak to the prisoner Ashton a minute or two ago? A. I did not, nor hear what he said to you—I have said before to-day that he said he was waiting for a wagon to come up—I named it to the Magistrate—I do not know what they took down—my deposition was read over to me—he said he knew nothing about it till he got to Worship-street.
Cross-examined by MR. BALLANTINE. Q. How long after the wagon stopped were the men given into custody? A. It was perhaps an hour before I got a policeman who would venture to go in—the last witness was afraid to go in alone—I left Ashton in the public-house while I was looking for a policeman—the third wagon did not come up till after the other two were gone.
horse-food from the coal-wagon—he said, "I know nothing at all about it, I have not received any corn at all"—I took him into the stable, put my hand on the com which was there, and asked if he knew any thing about that mixed corn—he said, "I know nothing about it, I have not been in the stable this morning"—the com was then in the two bags it is in now.
Cross-examined by MR. PHILLIPS. Q. Will you swear they are not Dalton's bags? A. No, I will not swear it—I say they are not, and will swear it to the best of my belief, and they are not what went out with the food, I swear that.
NOT GUILTY .
ANN COLES . I live in Experimental-gardens, Chalk-road, Islington, and am the wife of John Coles. On the 6th of June, 1840, the prisoner, whom I had known living with Mrs. Harris, came and asked if I would please to give Mrs. Harris charge for a half-sovereign—I put down six shillings, six sixpences, three pence, twelve halfpence, and twelve farthings on the counter—he then said, "I have not got the half-sovereign"—I said, "Are you sure you are quite right?"—he said, "Yes, I am quite right, it is for Mrs. Harris"—I should not have given it to him unless he had said so.
Prisoner's Defence. I have no recollection, of it.
GUILTY . Aged 46.— Confined Three Months.
1831. MARY ANN HARVEY was indicted for stealing, on the 6th of April, 2 table-cloths, value 4s.; 1 shift, value 2s.; and 2 sheets, value 7s.;— Also, on the 18th of June, 2 sheets, value 7s., the goods of Edmund Phillips, her master; to both of which she pleaded
GUILTY . Aged 15.— Confined Fourteen Days.
MESSRS. BODKIN and DOANE conducted the Prosecution.
MARY ANN SEXTON . Hive at the Orange-tree tavern, in Queen-street, Pirtflico. On the 16th of June the female prisoner came and asked for a glass of rum—I served her—she gave me a bad shilling in payment—I said it was a bad one—she said nothing—Nixon, the policeman, came in directly, and I gave him the shilling.
LUKE NIXON . I am a policeman. On the 16th of June I was on duty in Grosvenor-row, and saw the prisoners together there—they went into Queen-street—I saw Jones leave Gee, and go into the Orange-tree tavern—I had seen them in company about seven or eight minutes before they separated—I saw nothing pass from one to the other—I followed Jones in, and took her into custody—Sexton gave me a bad shilling, which I produce—I marked it, and have kept it ever since apart from all other money—I went out, called Bradley, and took Gee into custody—he was standing about fifty yards off—when at the station I observed him put his hand to his left-hand pocket, and drop four counterfeit shillings—I picked them
up—he said, "You have not found them on me"—I swear I saw them ome from his person—these are them.
JAMES BRADLEY . I am a policeman, I was called by Nixon, and took Gee into custody—when we got to the station I saw him put his hand into his left-hand pocket, and drop four counterfeit shillings on the floor—I saw Nixon take them up—I heard Jones say at the station, if she got over this, she would take good care he did not get her into trouble again—I had said nothing to her.
JONES*— GUILTY . Aged 20.
GEE*— GUILTY . Aged 33.
Confined One Year.
NOT GUILTY .
JOHN KENNEDY . I am a salesman in Newgate-market. On the 18th of June I was walking in the Strand with a friend—I received information from an officer—I searched my pocket, and missed my handkerchief, which I had seen safe about half or three-quarters of an hour before—that now produced is it.
Cross-examined by MR. PAYNE. Q. Is there any mark on it? A. Yes.
HENRY BAREFOOT . I am a police inspector. On Friday night, the 18th of June, about ten o'clock, I was in the Strand in company with Inspector Pearse, in plain clothes—I saw the prosecutor and another gentleman walking towards the City—as we were passing them I saw the three prisoners and another close up behind the two gentlemen—we suspected and watched them—they all seemed to be in company together—I saw Crow lift up the prosecutor's pocket with both his hands as it appeared to me—I was immediately behind him, and saw him evidently take something, I cannot say what—Barlow at the same time extended her dress right and left, covering him, and on the right of her was Humphries also covering him—I was on the left of Crow and Barlow—I immediately seized Crow, put him back against the shop front, and took this handkerchief from his hand.
Crow. Q. Did you see me near the gentlemen? A. Yes, quite close behind him—the moment his pocket was picked they all stopped suddenly, which enabled the gentleman to get a few paces forward.
NICHOLAS PEARSE . I am a police inspector. I was with Barefoot, and saw the three prisoners together—the two male prisoners were close behind the prosecutor and another gentleman, and Barlow just in their rear—the third man was close behind Barlow—I turned round, and in a minute they all four suddenly stopped—I instantly caught hold of Humphries and Barlow, Barefoot took Crow—I did not see Crow do any thing.
Crow's Defence. I was going along the Strand, and saw a young man drop the handkerchief; I went and picked it up directly, and was taken
by the officer; I was never near the gentleman, and did not pick his pocket.
(Crow received a good character.)
CROW— GUILTY . Aged 41.— Confined Three Months.
HUMPHRIES*— GUILTY . Aged 26.— Transported for Ten Years.
BARLOW— GUILTY . Aged 20.— Confined Three Months.
THOMAS WILLIAMS . I am a brickmaker, and live at Hillingdon. On Saturday night, about eleven o'clock, I went to the Jolly Ostlers public-house to have some beer—I fell asleep—I was awoke by the sergeant asking if I had lost any thing, and missed my tobacco-box, containing three half-crowns and a knife—I was sober—I had taken the money out at the Jolly Ostlers to pay for a pot of beer—the knife and box now produced are mine.
Cross-examined by MR. PAYNE. Q. Were there a good many other persons there? A. Yes.
Cross-examined. Q. Did you go to the house? A. Yes, about a quarter to twelve o'clock—I saw the prosecutor asleep, and awoke him—I saw the prisoner drinking some gin at the bar—from something I heard I suspected him, and asked for the tobacco-box—he denied having it—I searched him, and found it with one half-crown and two sixpences in it—I did not find any more half-crowns—he said he did not know how he came by the box, it was not his, nor the money—he at first pulled out these knives, not the prosecutor's, and said it was all he had got, and then I found the prosecutor's knife—I have known him for some time in the neighbourhood—his father is in gaol now—there were a great many bad characters in the public-house—the prisoner was with them—there was a fight kicked up in the house—the tobacco-box was in his inside pocket.
GUILTY .† Aged 20.— Confined Six Months.
ROBERT POLLOCK DAVIDSON . I live in Newport-street. On Monday afternoon, the 28th of June, about one o'clock, I was walking down Brick-lane, Shadwell—I felt two or three persons press against me twice or thrice—I stopped, felt my pocket, and my handkerchief was gone—I had had it safe four or five minutes before—the witness Page gave me information—I followed the prisoner, and gave him into custody—the handkerchief has not been found—I am sure the prisoner is one of those who pressed behind me.
JOHN PAGE . I was in Brick-lane on the day in question, and saw the prisoner walking behind the prosecutor—he drew the handkerchief from his pocket, and gave it to a young man who was with him, and who stepped back and got away—the prisoner crossed the road—I informed the prosecutor, and he was taken—I am sure he is the person who took the handkerchief.
Prisoner's Defence. I was coming from the Docks, where I had been
to see if I could get any thing to do; he never saw me take the handkerchief; I did no such thing; I had no man with me.
GUILTY .* Aged 18.— Transported for Ten Years.
1837. GIOVANI BASSINI was indicted for stealing, on the 22nd of June, 1 piano, value 11l., the goods of Simon Marengho, in the dwelling-house of Bartolomeo Torni: and ANTONIO ROSSI , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
SIMON MARENGHO (through an interpreter.) I live in Saffron-court, Saffron-hill, in the dwelling-house of Bartholomew Torni—the prisoner Bassini lodged with me—I saw my piano safe late on the night of the 21st of June, and at six o'clock next morning it was gone, and Bassini also—I did not permit him to take it—I afterwards saw it before the Magistrate.
Bassini. Q. Did you not lend it to me? A. I did once, but not on this occasion—you had no authority to take it.
JOSEPH GREEN . I am a policeman. I took the prisoners into custody on the 23rd of June, together—they were both drunk—Bassini said he had pawned the "organ"—Rossi said nothing—Bassini produced the duplicate before the Magistrate.
Bassini's Defence. I hired the piano—it was not usual to ask permission every day—I took it to play upon.
Rossi's Defence. I met Bassini at Woolwich—he asked me to pawn his piano—I said I would—I did so, and gave him the ticket—he told me to say it was my own—I did not know it was stolen.
BASSINI— GUILTY . Aged 22.— Confined Three Months.
ROSSI— NOT GUILTY .
1838. SAMUEL HOLMES was indicted for burglariously breaking and entering the dwelling-house of Henry Cross, about two o'clock in the night of the 2nd of July, at St. George, Bloomsbury, with intent to steal.
CHARLES CROSS . I am bar-man to my uncle, Henry Cross, who keeps the Three Keys public-house, in Orange-street, in the parish of St. George, Bloomsbury—it is his dwelling-house. On the 2nd of July, I went to bed about twelve o'clock—I was the last person up—I shut the outer door, fastened the windows, and every thing—I went into the first floor front room and shut down the window which was open—it was next the water spout—about two o'clock in the morning, I was called up by the police, and found Bacon, the policeman, in the front room—I got a light, and we found the prisoner lying flat on the floor by the table, pretending to be asleep—he said nothing—the window was then open.
HENRY BACON . I am a policeman. On the night of the 2nd of July, about two o'clock, I saw the prisoner climb up the water-spout of the prosecutor's house, and get in at the window—I immediately alarmed the inhabitants of the house, placed another constable at the door, and got up the spout, the same as the prisoner had done—we got a light, and found him pretending to be asleep—I found six lucifer matches lying by him.
Prisoner's Defence. I had only come from Portsmouth on Friday—after walking about all day I had no where to go to, having no friends in London—I saw a man at the door of a public-house who took me up into
this room, and I fell asleep directly—this was about half-past nine o'clock—he told me to stop in the room till be came to me.
GUILTY. Aged 17.—Recommended to mercy. — Confined One Year.
1839. GEORGE SMITH, alias William Thompson , was indicted for stealing, on the 30th of June, 1 jacket, value 5s., the goods of John Hares; and that he had been before convicted of felony: to which he pleaded
GUILTY *. Aged 52.— Transported for Seven Years.
GUILTY . Aged 16.— Confined Two Months.
GUILTY . Aged 20.— Confined Three Months.
THOMAS BYRNE . I am shopman to William James, of Exmouth-street. On the 26th of June, about ten o'clock at night, I saw the prisoner take 7 pairs of boots which were hanging inside the door, and run off—I followed him—he dropped them—another shopman caught him—I received the boots from the person who picked them up—I am sure the prisoner is the person who dropped them—those now produced are them.
Prisoner's Defence. I was running along, and heard a cry of" Stop thief," and the gentleman caught hold of me—he did not see me take the boots.
GUILTY . Aged 17.— Confined Three Months.
JOSEPH THOMPSON . I am a policeman. I was in Covent-garden at the time of the election, in plain clothes—I saw the prisoner go to several gentlemen's pockets and try them—I at last saw him go to the prosecutor—he felt in the right band pocket—there was nothing there—he then felt in the left, closed right up to him, and took something out of the pocket—he turned round and went a yard or so—I pulled the prosecutor by the coat tail, and said, "You have lost something"—I told a constable he had got it who picked the handkerchief off the ground, and the prosecutor claimed it.
WILLIAM WEST . I am a policeman. I was in Covent-garden, and saw the prisoner try several gentlemen's pockets—I saw him go up to the prosecutor, put his hand into his left hand pocket, and take out this handkerchief—as Thompson went up to him, the prisoner threw it down against my feet—I picked it up—this other handkerchief was found on him—it has no mark on it.
Prisoner. Q. How might I be standing at the time I took the handkerchief? A. Close to him.
Prisoner's Defence. It is false—he did not see me—I was looking for employ, and stopped to see the election—I went to where the prosecutor was standing—when a move was made I came away, and the gentleman laid hold of me—I asked what he wanted—he said, "Never mind"—he stooped down and picked up the handkerchief.
GUILTY .* Aged 20.— Confined Six Months.
HENRY TIMKIN . I am shopman to James Oliver, of Bishopsgate-street. About four o'clock in the evening of the 28th of June, I was in the shop, and saw the prisoner approach the door post, snatch down two boots, and go away with them—I followed him—he turned the first turning, and I lost sight of him for about two minutes—when I turned the corner he still had them in his hand, and seeing me he threw them on the other side of the street—I took them up, stopped him, and asked why he took them—he said he had not taken them, nor seen them before—I am certain he is the man.
Prisoner. He asked what I had been doing—I said "Nothing"—he said, "Why did you pull them down?"—I said, "I never pulled them down."
GUILTY .* Aged 22.— Transported for Seven Years.
NEW COURT.—Tuesday, July 6th, 1841.
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 26.— Confined Four Months.
GUILTY . Aged 65.— Transported for Seven Years.
1847. ROBERT WILLIAM ADAMS was indicted for stealing, on the 24th of June, 1 coat, value 30s.; 1 handkerchief, value 7s.; and 1 cap, value 3s.; the goods of Charles Shearman, his master; to which he pleaded
GUILTY . Aged 48.— Confined Three Months.
WILLIAM REED . I am a linen draper, and live in Conduit-street, in partnership with my brother—the prisoner was our shopman between two and three years. On the 19th of June I marked all the silver there was in the till, and put it in the till again—I cannot say the amount—the first time I marked about sixteen shillings—the prisoner was out at the time—he returned between ten and eleven o'clock in the morning—he remained at home a short period—after he was gone out a second time I marked some more money, which made up twenty-six shillings, and put
that in the till in the presence of another shopman, who is not here—the prisoner came home, and I sent him out again to his dinner—he had been at home nearly an hour, between half-past ten and twelve—during that time we missed some marked money—he was at home in the afternoon from two till three, and during that time we missed some more money—he came home about four, and the policeman came—I said, "I am sorry, Carter, I am obliged to give you in charge, for robbing my till"—he said he was innocent—the policeman said, "That we shall gee about, come this way"—the policeman searched him in my presence, and found three half-crowns and six shillings—two of the half-crowns and five of the shillings were what I marked—the other shillings were marked by a gentleman who I had procured to come and purchase something.
Cross-examined by MR. CLARKSON. Q. Was your brother at home during part of this day? A. Yes—ours is a moderate business—we have five hands—I had the prisoner from Mr. Myley, of Warwick-street, with whom he lived three years—I know he lived with Mr. Horridge, of Mary-lebone-street five years—none of my hands are here,—we have two tills and three counters—it was the prisoner's duty to take the oversight of the department of the shop in which he was placed—he had the charge of the till—he had to put down all the money taken by others, or see that it was put down.
Q. Had you not found, night after night, that the till contained more money than there was in the book? A. Yes, frequently, generally—when the till contained more than the account we had the surplus—it was the occasional practice of the shopmen to pay money into the till—I am not aware that they ever gave change from the till—it was the prisoner's duty to give change from the till—if the account furnished by the prisoner was correct, we should have known all that was taken, but almost every day there was more paid into the till than was down in the book—we have three other shopmen and a boy—I did not ask the prisoner, before he was given into custody, if he had any marked money in his possession—I did not charge him with having marked money, bat with stealing from the till—we have from fifty to sixty customers in the course of a day—I have no doubt of his family being respectable—he was in a situation of the greatest confidence—I cannot say how much money was in the till when I gave him into custody.
HENRY BERESFORD . I am a police inspector. I was sent for to the prosecutor—the prisoner said he was innocent, and he would take his sacrament oath of it—I searched him, and found the money stated, and another half-crown in his waistcoat pocket—he had some halfpence in another pocket—I said, "Here is marked money found in your possession, how do you get over that?"—he made no reply.
(The prisoner received an excellent character.)
GUILTY. Aged 24.—Recommended to mercy by the Jury and Prosecutor. Confined Three Months.
JOHN CAST . I am in the service of Sir Thomas Fowell Buxton and others, they are brewers—I am a coppersmith, and carry on business for the firm—this solder (looking at it) is theirs—they buy the tin, and I manufacture
the solder for them—the prisoner worked for me at 22s. a week, and two pints of beer a day, as a plumber's labourer. On the 12th of June we had to solder the lining of a cistern at the Lord Nelson public-house, at Poplar—about five o'clock that evening they began to solder the bottom—I was standing by the plumber, whose name was Dutch—there came a hole in the cloth he was using—he asked me to give him another cloth out of his bag—I went to the bag to get one, and burnt my hand, against a ladle-cake of hot metal that was in the bag—at six o'clock the bag was brought into the work-shop, and I looked in, and the solder was gone—I went to the plumber, and said to him, in the prisoner's presence, "I have got a very unpleasant thing to tell you; when you sent me to your bag I burnt my hand against a ladle-cake of metal; that is not right, is it?"—the prisoner said, "No, it is not right, don't make a noise about it; come with me, and I will try and find it"—we went and hunted about amongst the barrels, it was not there—he said, "It is here, come on"—he went to a privy—I went, looked in, and came out"—he said, "Here it is," and he had it in his hand—he said, "Don't make a noise, somebody will hear"—I said I would fetch the surveyor, which I did, and he gave him in charge.
Cross-examined by MR. CLARKSON. Q. Is Dutch here? A. No—he was taken up, but he was liberated—the prisoner went into the privy, and when he came out he had the solder in his hand.
GUILTY of Stealing, but not as a servant. Aged 26.—Recommended to mercy by the Jury. — Confined One Month.
1850. SARAH FIRTH, ELIZA LANE , and HENRY LANE were indicted for stealing, on the 21st of June, 1 purse, value 2d.; 1 sovereign and 1 5l. Bank-note, the property of Christopher Bell; and that Firth had been before convicted of felony: to which Firth pleaded.
GUILTY . Aged 17— Transported for Fourteen Years.
CHRISTOPHER BELL . I am a seaman, and belong to the ship Chandois, of London—I lodge in Shakspeare-walk, Shadwell. On the 21st of June I met Firth in Vinegar-lane—we got talking, and I went home to sleep with her—I gave her 4s.—I got to the room with her about eleven o'clock—I was quite sober—the other two prisoners were in bed in the room—I had a purse, which contained a 5l. note and a sovereign, in my trowsers pocket—I rolled my trowsers up, and put them under my head in bed—I awoke about half-past four o'clock, and Firth was then gone—I felt for my purse, and that and the money was gone—the other two prisoners were in bed, I spoke to them about it, and I spoke to the woman of the house about it—they said there was none but a strange girl slept there, not this girl (Firth)—I am sure they said that, but Firth was afterwards found on the ground floor of that house—this is my purse (looking at it)—I had had it two years all but a month, and on the Saturday before a woman had washed it, and did not put one of the rings on, and I have the ring—I can swear to it.
JOSIAH SEAGER (police-constable K 225.) On the 22nd of June, at half-past four o'clock in the morning, I was called to No. 10, Vinegar-lane—I found the prosecutor standing at the door—he said he had been robbed
of a 5l. note and a sovereign—I went in, and searched the house—I could not find Firth—I went to the station and returned to the house in about ten minutes—I then found Firth behind the door, and Eliza Lane was in bed—I saw Henry Lane standing at the door—I took the two females to the station—there was 5s. 11d. found on Eliza Lane, and 1d. on Firth.
JOHN NICHOLAS (police-sergeant K 1.) On the morning of the 22nd of Jane I went to the house—Henry Lane came to the door drunk—I asked him what money he had got—he said, "None"—I found in his right hand breeches pocket this purse with five sovereigns and 11s. in silver—he then said he received it for his wages.
JOHN ROBERTSON . I keep a public-house. On the morning of the 22nd of June Henry Lane came for some rum, and he threw down a 5l. note which he took out of this purse—I gave him 4l. 19s. in change, and a man who was with him put the money into the purse.
Henry Lane's Defence. I went into the room, and found it, and being a little in liquor I did not know what it was; I asked two men, and they told me.
(John Blake, a laundress, of Tottenham, gave Henry Lane a good character.)
HENRY LANE— GUILTY . Aged 40.— Transported for Seven Years.
ELIZA LANE— NOT GUILTY .
1851. WILLIAM SMITH was indicted for stealing, on the 19th of June, 1 bottle, value 2s. 6d.; 1 glass tumbler, value 1s.; the goods of Charles Vickery: and 1 work-box, value 10s., the goods of Charles Danieli.
JOHN HAMILTON . On the 19th of June, about a quarter to eleven o'clock at night, I was in Oxford-street—I saw the prisoner near Mr. Danieli's shop—he covered a work-box which stood by the side of the door outside with a pocket handkerchief, and ran off with it—I followed him—he fell down, and I took hold of him with the box under his arm—he said he had got a tea-caddy of his own—I said, "Never mind, come back with me"—he said, "In falling down you made me break a glass"—he got from me—I ran and caught him—he then took the glass, and tried to scratch me with it—he then took something from his pocket, and threw it into the centre of Hanover-square.
Prisoner. He said at the office I was twelve yards from the shop before he saw me. Witness. No, I said I was twelve yards from the shop when I saw him go and cover the box.
WILLIAM DANIELI . I am the son of Charles Danieli. I remember, on Saturday morning, the 19th of June, putting this box at my father's door—in the evening, about a quarter to eleven o'clock, I was in the shop, and the box was not there—soon after I saw a mob at the door—I saw a policeman with the prisoner, and the man with the box.
CHARLES VICKERY . I keep a glass and china shop—this bottle and tumbler were mine, and were taken, I have no doubt, before the work-box was—they were brought to me on the Monday morning, and that was the first I heard of it—I then examined, and found they had been taken from a shelf.
GUILTY * Aged 28.— Transported for Seven Years.
JOHN AYRES HATFIELD . I live in Cumberland-street, Middlesex Hospital, and am a milkman. The prisoner was my servant, and was employed to carry out milk—J entrusted her to receive money on my account—she was to account to me on the same day that she received the money.
JAMES M'INTYRE . I take milk of the prosecutor—I paid the prisoner 2s. 4d. on his account, on the 16th of February—she made this mark on the bill—on the 22nd of February I paid her 2s. 4d. and on the 16th of March I paid her 7s. 6d.—she gave me the bill with a mark on it.
JOHN AYRES HATFIELD re-examined. The prisoner never accounted to me for either of these sums of money—I had had my suspicions for some time—I went to the parties, and found they had paid—the prisoner was then in my service—I mentioned it to her, and she said it was no such thing—she denied the bills having been paid.
Prisoner. He beat me this day three weeks, and called me a b—y b—h—I had been three years with his father before he took the business.
Witness. I have witnesses to prove that I did not strike her—she gave warning, but she did not take any notice of it, and did not go—I never told her to go.
Prisoner. You received money of me morning and evening. Witness. Yes, loose halfpence.
JURY. Q. Did you keep any book containing an account of what she paid? A. Yes, Mr. Hatfield did—these monies are not entered as paid by her.
(The prisoner received a good character.)
GUILTY . Aged 40.— Confined Six Weeks.
WILLIAM RUSH . I am in the service of Mr. John Harvey and his son—they are linen-drapers, on Ludgate-hill. On the 25th of June the prisoners came to the shop together—Ward asked for some check silk handkerchiefs—I showed him some—Hackett was standing by at the time—Ward said he would have one of the handkerchiefs, which he selected, and then Hackett said he would have it, and he did have it—before they left the shop I missed a piece containing nine handkerchiefs—I told Mr. Harvey, and he sent for a policeman—he came, and was stationed outside, to take the prisoners as they left.
HENRY WHITE . I am assistant in the prosecutor's shop. I saw the prisoners going out of the shop—they were taken by the policeman—the minute he caught hold of them I saw these handkerchiefs fall behind the prisoner Ward.
Cross-examined by MR. PHILLIPS. Q. You do not say they fell from Ward? A. No; they fell behind him.
THOMAS EAVES (City police-constable, No. 303.) I was sent for, and stood outside the shop till the prisoners came out—I laid hold of each of them by the collar—I saw Hackett shuffling up towards Ward with his
hand in his right-hand pocket, and, being close together, I perceived that he was dropping something, but I could not see what—White picked up the handkerchiefs—these are them.
(Ward received a good character.)
HACKETT— GUILTY . Aged 19.
WARD— GUILTY . Aged 21.
Confined Six Months.
CHARLES CHALKER . I am mate of the brig Libra, lying in the North Quay, London Docks; the prisoner was cook on board the vessel. On the 25th of June I missed some spoons out of the cabin—I suspected the prisoner, and went on shore, and found him at a boarding-house—there were some sailors there who had been discharged—I accused the prisoner of stealing these spoons—he denied it—I took him on board—he still denied it several times, but at last I saw him take the spoons out of his waistcoat pocket—these are them—they belong to the captain, William Gibbens.
Prisoner's Defence. Being in want of money I took them on shore, but meant to take them back next morning.
GUILTY . Aged 20.— Confined Three Months.
THOMAS WILLIAM DEAN . I am a lithographic dealer, and live in Clement's-lane. I have a partner—the prisoner had been an occasional workman—he came on the morning of the 14th of June, and asked me if I had any work to give him, and whether I had found an apron which he said he had left behind at my place, about which he had called a good many times—he had left me about a month—I told him I had no work, and I had not yet found his apron, if I bad it—he left—when he went out at the street-door I watched him—I saw him stand opposite the entrance to my back premises some time—I looked for a policeman, and during that time he went up the court, and came out in another instant with three stones—he dived to the right, and went down a court opposite; he then dived to the left, and passed me—I followed, and gave him into custody in Cannon-street, with these three stones—he was carrying them before his breast.
Cross-examined by MR. PAYNE. Q. What weight are these stones? A. About 75lbs. —I know this one by its having the letters "W A" and a chip on it—I do not know who put the "A" on it—I had seen it a few days before in my warehouse—I have heard the prisoner was a master lithographer—I have no reason to doubt it—I swear this one was found on the prisoner—I received these stones in my warehouse myself, and my workmen—I have a great many, a hundred stones, of various sizes—I have no person here who made the mark.
COURT. Q. Do you believe the other two to be yours? A. I do.
of the 14th of June I was on duty in Cannon-street—I took the prisoner in charge—he was carrying these stones in front of him—he was going along as fast as he could with them—they were too heavy for him to carry—Mr. Dean said they were his, and gave him into custody.
Q. Did you examine these stones at the same time? A. Yes, I observed the letters on this.
HENRY GOFF . I am shop boy in the service of Mrs. Jackson, of Cannon-street. I have known the prisoner ever since Christmas—about twenty minutes past eight o'clock on the morning of the 14th of June he asked me to oblige him by letting him leave two stones there—he said he was going to bring four more—I kept them there—the sergeant came and took them.
MR. PAYNE called
THOMAS HANDS . I was occasional servant to the prosecutor, and was so at this time. I have occasionally seen the prisoner—he called on the Friday previous to this, and asked me if I would let him leave some stones there—he brought three stones wrapped in a cloth—he said, "I will call on Monday or Tuesday"—he said, "I am not going home"—I said, "Very well, if I am not here any person will give them to you"—he called on Monday morning—he said, "I have called for these stones, let me have them"—he took them away wrapped up in a cloth—he went out of the court, and I went to my breakfast—I came back, and had not been there long before Mr. Dean came in and the policeman—Mr. Dean said, "Has Welch been here?"—I said, "Yes, he called on Friday, and left three stones, and he called this morning, and I gave them to him"—I should consider that the three stones I gave him were those he had left.
COURT. Q. You never heard of five stones? A. No, I did not—I never knew the prisoner at the time he was in the prosecutor's service—he had not worked there while I was there—I knew him about five or six weeks—I knew him, being in the trade as a master and journeyman—I hare seen him often on the premises—he called and spoke to the men—I did not ask him why he left these stones—he said he had left an apron some time ago—I do not know whether he had any right on the premises.
JURY to MR. DEAN. Q. Where was this stone situated on your premises? A. Close at the entrance of the door—I saw it on Sunday when I went down, from the information I received, on purpose to observe the position of the stones—I did not see any stones wrapped up, and I can say that this stone was not wrapped up.
GUILTY . Aged 23.— Confined Six Months.
(There was another indictment against the prisoner.)
MR. DOANE declined the Prosecution, not being able to prove the existence of the first husband.
NOT GUILTY .
FREDERICK LEDGER . I am in the service of a baker. On the 29th of June, about half-past nine o'clock in the evening, I saw the prisoner and three others at Mr. Matthews's shop—the prisoner stood on the step—one of the others went in, and brought out a parcel—he gave it to the prisoner, and they all went away—they had not gone above ten yards before Mr.
Matthews came—as soon as the prisoner saw Mr. Matthews he chucked the parcel into the road—I pursued the prisoner, and caught him—he resisted, and struck me—he got from me, hut I never lost sight of him till he was taken.
ROBERT MATTHEWS . I keep a grocer's shop in Jermyn-street I received information, and followed the prisoner—I found this parcel of pearl barley lying in the street—it is mine—I had received it from the City tied up as it is now.
Prisoner's Defence. I met a young man, who asked me where I was going; I said, "Home;" there were two others with him who were strangers to me; when we got opposite the shop a young man brought out the parcel, and gave it to the person I was speaking to.
GUILTY . Aged 19.— Confined Six Months.
FRANCIS HALL . I live in Exeter-street, Lisson-grove, and am a cab driver. I do not know what the prisoner is, but he slept in the same lodging with me, and in the same bed for about a week—from time to time I missed money out of my trowsers pocket, and I suspected the prisoner—I marked 17s. 6d. in half-crowns, shillings, and sixpences, on the 2nd of July, and put it into my trowsers pocket—the prisoner went to bed before I did that night—there was nobody lodged in that room but him and me—I awoke about nine o'clock in the morning—the prisoner was then gone, and I missed five shillings out of one pocket, and half-a-crown out of the other—I went to the landlady, and found the prisoner was at work, at St. John's Wood Chapel—I got an officer; and went and took him—I told him he had taken my money—he said he had never seen it, and did not want my money—I gave him in charge, and the officer found in one of his shoes six halfpence and one farthing, and in the other shoe one of my marked shillings and one of my half-crowns—four of the shillings I have lost.
GUILTY . Aged 19.— Transported for Fourteen Years.
WILLIAM BEST . I am tailor. Frances Elliott has been in the habit of making waistcoats for me for about thirteen years—I owed her 8s., and on the 27th of May, the prisoner, who was a stranger, came to me and said she had come from Mrs. Elliott for the amount of the little bill (which had been left with me a day or two before)—I said, "How long have you worked for her?"—she said, "Two months"—I asked her if she could give change—she said she could not—I had the bill before me—I said, "Sit down, and write received"—I sent my little boy for change, paid her 8s. and she left.
on the 27th of May, or at any other time, send the prisoner for the money, she is a stranger to me—I never saw her till I was at Hatton-garden—she never gave me the money—I cannot at all account how she knew that the 8s. was owing to me—I have young persons in my employ, but I have no reason to doubt their honesty.
Prisoner's Defence. I was in Holborn—Mrs. Elliott came and asked me to go of the errand for her—she would give me 6d.—she said, "Say you work for me, if I go myself they will ask me to take work, which I do not want"—she stood at the corner, and I gave her the 8s. directly I came from the door—she gave me 6d., and put the rest in her bag—they said there was a waistcoat or two they wished her to make.
MRS. ELLIOTT re-examined. I never saw her with my eyes.
GUILTY . Aged 42.— Confined Three Months.
JAMES FAULKNER . I am in the employ of Mr. Wood, in St. John-street, a pawnbroker. On the evening of the 28th of June, the prisoner came to offer this gold seal to pledge—I asked her whose it was—she said her father's, and he was a coachman—I had received information a few minutes before, and detained her.
JAMES HARMAN . I am in the service of Mr. Robert Watt, a pawnbroker. On the 28th of June, about one o'clock, the prisoner came for the purpose of pledging a coat, but she would not take the money we offered her for it—the seal now produced is my master's—I missed it when the prisoner had left the shop from the information that my brother gave me that he had placed it on the counter, by my elbow—I then gave information to the pawnbrokers.
Cross-examined by MR. PHILLIPS. Q. Are you the person who went to Mr. Wood's shop, where the prisoner was taken? A. Yes—I did not see a man there who went off—I did not see any man outside our shop when the prisoner was there.
SAMUEL HARMAN . I am brother of James Harman. I know this gold seal—I put it on the counter while my brother was speaking to some young woman respecting pledging a coat, but I do not recollect seeing the prisoner—I missed the seal soon afterwards.
Cross-examined. Q. Was not what she said this, that she found it tied up in paper, with Mr. Watts's ticket, in the coat? A. She said the bundle—she might have mentioned the coat, but the coat made the bundle—I thought it was the same thing.
(The prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy by the Jury and Prosecutor.
Confined One Month.
1861. ELIZABETH DIANA DREW was indicted for stealing, on the 18th of June, 1 gown, value 10s.; 2 shawls, value 1l.; 1 collar, value 1s.; the goods of Jemima Hand; and 1 shawl, value 8s., the goods of Sarah Wilson; to which she pleaded
GUILTY . Aged 17.— Confined Six Months.
1862. JOHN FLEMING was indicted for stealing, on the 17th of June, 1 handkerchief, value 2s. 6d.; and 1 pair of gloves, value 1s. 6d.; the goods of Benjamin Howell, his master:— Also for stealing, on the 8th of April, 1 handkerchief, value 4s. 6d.; 1 scarf, value 3s. 6d.; 2 collars, value 3s.; 8 pairs of gloves, value 10s.; 2 tassels, value 9d.; and 1 pair of wrist tyers, value 4d.; to both of which he pleaded
GUILTY . Aged 37.— Confined Six Months.
MART HEMMINGS . I am the wife of George Hemmings, and live in King-street, Lower-road, Islington. My daughter, Mary Ann Hemmings, is six years old—she went out to play on the 23rd of June, between five and six o'clock in the evening—she had her petticoat and shift on—I did not see her again till half-past eight in the evening, when I heard she was taken away, and I went in search of her—I was in great anxiety about her—I looked about for her—she was brought home from the watch house—she had been stripped of her shift and petticoat—I never saw the prisoner.
MARY ANN HEMMINGS . I live with my father. I went out to play in the street after tea-time—the prisoner came and spoke to me—she asked me to go on an errand for her, and said, "Come along with me, and I will give you a new white frock with two flounces"—she said she would give me a new shift and a new pinafore, and a pair of white Adelaide boots—she took me into the fields, and asked me to sit down—she said, "Let me look at the pattern of your frock"—then she took off my shift and petticoat, and put them in her apron, and then got up and walked on, and went away with me, when the gentleman came up and took hold of her.
Prisoner. Q. Did I take off your things? A. Yes, you did—I was not crying against a public-house when you saw me—I did not say a little girl had got me from home—I had not got my little things in my pinafore.
HENRY DENNIS . I saw the prisoner with this little girl in Rosemary-Branch fields—I saw her take off the child's clothes, and put them in her apron—I watched them—I saw her undo the child's things, and they slipped off her.
JOHN DILLINGTON . I was in the fields—Dennis told me what he had seen—I saw the prisoner with the things—I asked her if the child belonged to her—she said no—I asked her if the things belonged to her—she said no, but to the child, and she then let them fall on the ground—I would not part with her till I gave her into custody.
Prisoner. The child had the things in her pinafore. Did I have any thing in my possession? Witness. Yes, you had them in your apron.
THOMAS SUNNEX (police-constable N 212.) I took the prisoner—she said she met the child crying in Britannia-fields, that she had these things in her pinafore, and she took them from the child to carry them home to her parents—in going along she said she was going to take the child to the station-house, but she was going in a contrary direction.
Prisoner's Defence. I was coming home, and saw the child crying
against the Royal Standard; she said a girl had brought her away, and she did not know her way home; I said I would show her, and I was going to the station.
GUILTY .† Aged 23.— Transported for Ten Years.
OLD COURT.—Wednesday, July 7th, 1841.
Third Jury, before Mr. Sergeant Arabin.
1864. GEORGE WILLIAMS was indicted for burglariously breaking and entering the dwelling-house of Thomas Dobson, about one o'clock in the night of the 19th of June, at All Hallows Staining, with intent to steal, and stealing therein 7 spoons, value 15s.; 1 pair of sugar-tongs, value 5s.; 1 pair of stockings, value 6d.; 2 sheets, value 14s.; I pillow-case, value 6d.; 17 knives, value 18s. 6d.; and 3 forks, 11s.; his property: 1 pencil-case, value 2d.; 1 gown, value 3s. 6d.; and 1 apron, value 4d.; the goods of Maria Bagg: and 1 shift, value 2s.; the goods of Mary Hill; to which he pleaded
GUILTY . Aged 18.— Transported for Fifteen Years.
1865. JOHN BALLINGER was indicted for burglariously breaking and entering the dwelling-house of Charles Leach, about the hour of two in the night, on the 12th of May, at St. James's, Westminster, with intent to steal, and stealing therein 7 soldering irons, value 14s.; 1 hammer, value 1s.; 2 pairs of compasses, value 2s.; 1 pair of shears, value 3s.; 1 pair of pincers, value 1s. 6d.; 1 candlestick, value 5s.; 1 bottle-jack, value 10s.; 2 planishers, value 16s.; 1 stock and dies, value 15s.; 6 punches, value 6s.; 4 chisels, value 4s.; 1 screw-driver, value 2s.; 5lbs. weight of veal, value 3s.; 3lbs. weight of bacon, value 2s.; 2 brushes, value 2s.; 2 towels, value 2s.; and I screw-plate and taps, value 10s.; the goods of the said Charles Leach: 1 jacket, value 3s.; 1 pair of trowsers, value 3s.; 1 waistcoat, value 1s.; and 1 apron, value 2s.; the goods of Thomas Pritchard:— Also for burglariously breaking and entering the dwelling-house of Charles Leach, about the hour of two in the night, on the 5th of June, at St. James's, Westminster, with intent to steal, and stealing therein 2 pairs of shears, value 1l. 5s.; 42 punches, value 1l. 5s.; 3 hammers, value 30s.; 1 anvil, value 2s.; 1 pair of pliers, value 2s.; 3 soldering irons, value 5s.; 1 brush, value 1s.; 1lb. weight of solder, value 6d.; 1 blow-pipe, value 1s.; 1 basket, value 1s.; 2 towels, value 2s.; 1 chisel, value 1s.; and 1 screw-driver, value 1s.; the goods of the said Charles Leach:— Also for burglariously breaking and entering the dwelling-house of Andrew Phillips, about the hour of three in the night, on the 1st of May, at St. James's, Westminster, with intent to steal, and stealing therein 2 shirts, value 5s.; 1 coat, value 1l.; 1 umbrella, value 3s.; 2 pairs of boots, value 1l.; 1 handkerchief, value 2s.; 1 vice, value 4s.; 1 pair of pliers, value 2s.; 1 hammer, value 1s.; 2 files, value 2s.; 3 punches, value 2s.; 3 brushes, value 2s.; 1 pair of scissors, value 1s.; 1 pepper-box, value 6d.; 1 basket, value 1s. 6d.; 1 key, value 1d.; 5lbs. weight of lamb, value 3s.; 1lb. weight of butter, value 1s.; and 2lbs. weight of sugar, value 2s.; the goods of the said Andrew Phillips; to all of which he pleaded
GUILTY . Aged 27.— Transported for Life.
MR. SERGEANT BOMPAS, on the part of the Prosecution, declined offering any evidence.
NOT GUILTY .
MR. PRICE conducted the Prosecution.
JAMES FINDON . On the 23rd of June, I was passing down Holborn, and saw the prisoner open the inner door of the prosecutor's house, and hand a little box to another young man, who was standing between the inner and outer doors—I spoke to the prosecutor's daughter, who was standing at the next door, and in consequence of what she said, I followed the persons down Smart's-buildings—the person who had the box ran down the buildings, and the prisoner made towards Holborn—I flew at him, but did not get sufficient hold, and he got away—a man stopped him—I came up and caught him by the collar—the other got away with the box—I am certain I saw the prisoner give the other the box—he was inside the inner door—I at first thought they belonged to the place, they were so respectably dressed, the other man looked like a gentleman—it was all done in about two seconds—if I had known they were thieves, I could have taken them both, but I went to speak to the prosecutor's daughter—the box looked like a small oak one, but I cannot exactly tell, it was done so momentarily—I handed the prisoner over to Mr. Smale.
Prisoner. Q. What time was this? A. A little before eight o'clock—you were not passing the door, you were inside—I cannot tell whether the box was deal, oak, or mahogany.
THOMAS SMALE . I am a dealer in ivory, and live in Holborn. This box of surgical instruments belongs to my son Henry Smale, who is a dentist—I was sitting in my back parlour, Mr. Findon came and gave information, in consequence of which I missed the box of instruments which I had seen my son using about an hour or an hour and a half before, on a table in a room even with the door—it was a kind of mahogany box, containing a dozen or fifteen instruments—I received the prisoner from Mr. Findon.
Prisoner. I was in the place ten minutes waiting for a policeman, and he could not tell what was missed—he said, "Take him down to the station, and I will come and say what is lost"—and when he came there, he said it was a little box—my father lives close by the prosecutor, and I pass his house twenty times a day. Witness. He is a stranger to me—he had. no right within my doors—it is not the first, second, or third time that room has been robbed—the door is locked, and yet we cannot keep a thing in it.
GUILTY .* Aged 24.— Transported for Seven Years.
1868. JOHN ROWEN, alias Richards , was indicted for stealing, on the 21st of June, 1 copper, value 1l.; the goods of James Hilson; and fixed to a building, and that he had been before convicted of felony.
JAMES HILSON . I keep a public-house in High-street, Whitechapel. On the 21st of June, I saw the prisoner in my tap-room, about nine or ten o'clock in the evening, for about an hour, or a little longer—I did not observe him go away—I had a copper fixed in the brickwork in my wash-house, which I had seen safe in the course of the day—a person can go out of
the tap-room into the yard, and out by the yard door without coming through the tap-room again—I missed the copper—that now produced is mine—I did not know the prisoner before.
Prisoner. Q. What do you know the copper by? A. The wash-house was being whitewashed that day, and there are spots of whitewash inside the copper, and it was half full of dirty water, and there is the mark of it all round.
ROBERT GEORGE COOKE . On the evening of the 21st of June I saw a man come out of the prosecutor's yard, carrying a copper in his hand—I cannot say it was the prisoner—I went in and informed the prosecutor, and he missed his copper.
GEORGE BALL . I am a policeman. About ten o'clock, on the 21st of June, I met the prisoner in Milton-street, Whitechapel, carrying the copper—I asked where he brought it from, he said, from New-cut, Lambeth, and he had given 7s. 6d. for it—I asked where he lived—he said in Bishopsgate-street Within—I asked which way he brought the copper—he first said over Blackfriars-bridge, and then over London-bridge, down Aldgate and Whitechapel—I said it was very strange he should bring it so out of his way, I did not believe him—he said I was an officious fellow, and if he could not satisfy me he could satisfy my superiors—I took him to the station—this is the copper.
Prisoner. You will not take the oaths of such a set as these, they will swear any thing.
GUILTY . Aged 24.— Transported for Seven Years.
Before Mr. Justice Williams.
MR. ESPINASSE conducted the Prosecution.
MARY WILLIAMS . I lived as housekeeper to the deceased, Thomas Briggs, for nineteen years—he was seventy-four years of age. On Friday, the 25th of June, he went out, about a quarter or twenty minutes after six o'clock—he was in his usual health—he was never in very bad health—he was generally in good health—I saw him at Limehouse church on the Sunday after, dead.
ANN HOLT . I am single, and live in Bluegate-fields, Shad well. I was at the Royal Sovereign public-house, on the 26th of June last, about six o'clock in the evening, and saw the prisoners there—I heard a conversation between them—Long was talking to Covington about her mother, and saying the landlord bad been the cause of her mother's death, through seizing on her for rent—she did not say who she meant by the landlord—I went out at the door in about three minutes, and saw the deceased coming up the street—that was just after this conversation—he was corning in the direction of the Royal Sovereign—when he got up to the public-house both the prisoners got up at the window, and both began abusing him very much—Long said, "That is the old b—who has been the cause of my mother's death, and I will have my revenge on him for it"—I was then on the step of the door—the window was wide open—the deceased
was on the opposite side of the way, opposite the window—he did not say or do any thing—he looked round at the window, to see who it was abusing him, and then he turned to go on again—he did not say any thing—Long then ran across the road, and stopped him from going any further—she was before him—she said, "You b—old vagabond, ought you not to he ashamed of yourself? you have been the murderer of my mother"—she then said, "For two pins I would knock your b—y old head off"—Long was in liquor at the time, and Covington more so than her—the deceased did not say or do any thing—Long up with her fist, and gave him a blow on the nose, which made it bleed—Covington then came out, ran across the road, and said, "Long, get out of the way, and I will give it to him"—she pushed Long on one side, and gave the deceased a blow in the mouth with her fist—the deceased said, "Good God, what does all this mean? I wish there was an officer here, I would have you both punished"—the deceased had a stick with him—he lifted it up to Covington's head—he did not strike her—he was prevented striking her, by Long, who rushed round on the other side, and bit him a blow in the face, in about the same place as Covington had struck him—the deceased then turned back again, to go down the street—the prisoners both followed, abusing him, with their tongues, not with blows—I did not see Covington do any thing then—I saw the deceased up against the corner of the house—he was taken into Mrs. Harvey's—I saw them both pegging at him, but I could not see which it was, one from the other; and I saw his hat knocked off—I saw Long take up her apron, or something, to wipe the blood off his face—I then saw him taken into Mrs. Harvey's house—I did not see any thing more after that.
COURT. Q. Did you know the prisoners before? A. I knew them personally, but never spoke to them—I do not know whether they are single—Covington ran out of the house directly Long had struck him—it was not above a minute or two—he was walking with a long thin stick, a kind of brown cane—he leant on it in walking—he held up his stick, as if he was going to hit Covington—he had it raised above her head—this is the stick—(produced)—I did not hear Long say any thing to Covington when she hit him—I did not hear her say, "Don't give him any more, I have given him enough"—I did not hear her say any thing—I was near enough to hear—I was right opposite them on the other side of the street—I believe a man named Thomas Hill was there, but I did not see him—I know him.
THOMAS HILL . I work in the butchers' market, and live in Duke-street, St. George's, Middlesex. I was in Bluegate-fields on the evening of the 25th of June, about seven o'clock—I saw Briggs coming up Blue-gate-fields—I saw Long in the Royal Sovereign public-house—the window was open—I saw Briggs pass the public-house—I then saw Long run out—she laid hold of Briggs by the collar, and hit him in the face with her fist—she knocked him down against the wall—she struck him on the nose and eye with her left hand—she struck him two or three times, and he slid down by the side of the wall—she said, "You were the death of my mother, and I will be the death of you now"—the deceased had not said or done any thing to her—Covington then ran out, and took and punched him in the face three or four times, and then took the stick out of his hand—he was down on the ground at that time, and she hit him with his
stick—Long said, "Don't hit him any more, for I have given him enough" —Covington hit him across the head with it—his hat was off—after that Long struck him again in the face with her clenched fist—I did not hear her say any thing to the deceased—this was close against Mrs. Harvey's house—he was then taken into Mrs. Harvey's house—after Covington had struck the deceased, I kept them both away as well as I could—I took the stick from Covington—the stick produced is it—I afterwards went to look for the prisoners—I found them up New-court, Bluegate-place—Long was in the first house, up stairs—about a quarter of an hour after I saw the deceased at Mrs. Harvey's, dead—after I had got the stick, Covington took it from me again, and hit the deceased with it again across his head—I got the stick back again, and then observed a mark of blood on it.
(Covington. Every time he has come I have heard him tell a different story; as to the stick, I never handled it, or ever had it.)
COURT. Q. Did you see Long wipe the deceased's face? A. Yes—she wiped the blood off him with her handkerchief—that was after it was all over—it was the blood that came from his nose—she asked him whether she had done it—he said, "Yes, both of you done it, and I will make you suffer for it"—I saw him go into Mrs. Harvey's house—he walked as far as the house—he did not walk in—she helped him in—the prisoners were both very much in liquor.
ROBERT REID . I am in the butchering line, and live in Bluegate-fields—my house adjoins the Royal Sovereign public-house. I was in my house on the evening of the 25th of June, about seven o'clock—in consequence of hearing a noise in the street, I looked out of window, and saw Long and the deceased standing on the opposite side of the way—Long was standing alongside of him—she was abusing him with very bad language—I saw her strike him a blow on the face with her fist—before that I saw Covington strike him with her fist in the face—the deceased then rose up his stick and struck at Covington—I did not notice whether he struck her—I did not see him do any thing before Long struck him—I saw Hill there—the deceased turned back, and then Covington hit him another blow in the face with her fist—I did not see the deceased do any thing with the stick except raise it up—I do not know what became of the stick—when he stood against the wall I saw blood come from his nose—when Long struck him his hat was on—it fell off—I saw him go in at Mrs. Harvey's door—that was all I saw of him—I never quitted my room.
COURT. Q. Did you see either of the prisoners have hold of the stick? A. No—Covington was standing in the road when I first looked out, about two yards from the deceased and Long—I did not see Covington have his stick, or strike him with it—I did not go to the window exactly at the commencement of the disturbance—I heard a talking before I got up—they were about four houses from Mrs. Harvey's when I first saw them—he had been to Mrs. Harvey's, and was going away from there—the prisoners appeared to be in liquor—being so high, and a mob being gathered, I could not exactly see whether they staggered, but they appeared to be drunk—I have seen the deceased before go to Harvey's house—he walked firmly enough—he walked back comfortably enough to the house, as I saw, after all was over—I was in the third-floor room.
MARGARET ANN HARVEY . I live at No. 9, Bluegate-fields—the deceased was my landlord. On the 25th of June, between half-past six and seven o'clock in the evening, he called at my house—he seemed to be in
good health the same as usual—he appeared to be quite sober—about ten minutes after he left I heard a noise in the street, and went to see what was the matter—I saw the deceased close to my door—he was bleeding dreadfully at the nose and mouth—his face was all over blood that I could scarcely tell where the marks of violence were—he appeared to be stagnated with the effect of the ill usage—I saw the prisoner Long at my door—I did not see any blow struck—Long, in the act of bringing him into my house, said, "You b—y old b—you have been the cause of my mother's death, and I will be the cause of yours"—I endeavoured to assist the deceased into my house, and Long endeavoured to keep him back by holding him by the arm—I succeeded in getting him into the house—I sat him on a chair, and my brother went out into the yard to get a little water, and he fell off the chair—I tried to lift him up, and called out, "John, my landlord is fainting"—he fell off the chair—I tried to lift him up, but could not—seeing him turn black and blue I sent for Dr. Bird, who lives close by—I put a bolster under his head.
JOHN WILLIAM BIRD . I am a surgeon and live in Rateliffe-highway. I was called to a house in Bluegate-fields, on the 25th of June, a little after seven o'clock—I saw the deceased there lying on the floor on his back, supported by two policemen—he was quite dead—he had a severe bruise over the right eye and temple—blood was oozing from his nostrils, and his face was very livid—he had all the appearance of a person having died of apoplexy—the livid appearance of the face led me to suppose so—the livid appearance proceeded from disorder—I afterwards examined his body externally at the workhouse—the scrotum was very much discoloured—there was a small wound on his right side covered with a piece of plaster—it was an old wound—there was a recent bruise at the back part of his head—on the following morning I made an examination of his head in company with another medical man—on removing the scalp a vast quantity of extravasated blood escaped, more particularly from the parts which had received the injury externally—I removed the scull cap, and there was an immense escape of blood on the brain, a pint at least—I never inspected a head where there was so great an effusion—the nose was broken—the cause of death was the effusion of blood on the brain—that would be produced by blows on the head and face—violent blows on the head and face would bring on apoplexy in a person who had a tendency to it—there was discoloration of the scrotum—that was quite recent—that could have nothing to do with the effusion of blood on the head—his brain showed a predisposition to apoplexy—he did not die of apoplexy, but of effusion of blood on the brain—the appearances of apoplexy are very different to those appearances, you have not so much extravasation, and death is more sudden generally—knocking his head against the wall created perhaps the commencement of the mischief, and the blood was oozing all the way probably till he got to Mrs. Harvey's, and when put on the chair he dropped down dead—the effusion of blood was the result of violence—the vessels were so gorged with blood they gave way—it was not from natural apoplexy, but from external violence that he died—I think so from the appearance of the brain on opening the head, the immense effusion—the effusion in apoplexy is not so great by a twentieth part—it varies—it depends on the nature of the vessel ruptured—there was no fracture of the skull, nor any injury to it—Mr. Pretty inspected the deceased with me.
I assisted in a post mortem examination of the deceased with Mr. Bird—I have heard his evidence—my opinion coincides with his.
DANIEL ROSS . I am a surgeon and live in High-street, Shad well. I also examined the body of the deceased—I did not see the blood stated to have been effused, but in my opinion blood found in the quantity there was, was sufficient to cause death—in my opinion that arose from external violence—the effusion was not where I should have expected to find it in apoplexy—we more generally find it in the hemispheres of the brain—this was between the membranes.
Long's Defence. I do not understand any thing of the circumstance I am brought here for; I had been drinking, and recollect nothing of the case.
Covington's Defence. As far as I can recollect the man hit me twice over the head with the stick; I cannot say but what I blackguarded him first; he then hit me over the head; I went and bit him in the mouth; I then crossed the road, and went to bed, where the policeman found me; I left the deceased and Long quarrelling, and never saw him afterwards; he was standing near Mrs. Harvey's door when I left him; I was very much in liquor, and do not recollect what passed in the public-house.
LONG— GUILTY . Aged 28.
COVINGTON— GUILTY . Aged 25.
Of Manslaughter.— Confined Six Months.
Before Lord Chief Baron Abinger.
(The order in question having been lost, the case was not proceeded with.)
NOT GUILTY .
Before Mr. Justice Williams.
1871. MARY GOUGH, alias Thomas, alias Smith , was indicted for feloniously and knowingly uttering a counterfeit half-crown, on the 17th of June, to John Layton; having been before convicted, on the 15th of October, (4th William IV.,) of uttering counterfeit coin.
(There being no evidence of the prisoner's conviction at the period stated in the indictment, the Prosecution was declined.)
NOT GUILTY .
MR. BODKIN conducted the Prosecution.
ELIZA CHANDLER . I am the wife of Edward Chandler, a baker, in Fleet-lane. On Wednesday evening, the 16th of June, the prisoner came and asked for a pennyworth of biscuits—I served her—she gave me a bad shilling—I told her it was bad—she said she had taken it of a gentleman at the corner, and if I would give it her she would take it back and change it—I would not let her have it—she went away, and did not return—I put it apart from all other money—Bowerman, the officer, afterwards came in—I gave him the shilling, and described the person of the woman—I saw the prisoner in custody next day—I am sure she is the woman—I had seen her many times before.
Prisoner. She said at Guildhall that she put the shilling on the shelf which 1 gave her. Witness. I did so, and I put it into the drawer after
she was gone, when I found she did not come back for it—I told her if she could bring any person to prove where she got it I would give it her again—I do not know whether the candles were lighted or not—it was just candle-lighting time—the light was nearly gone—she had a bonnet on—I hid a fair view of her face, and I knew her before, which made me more particular in looking at her money, and at her—I am confident she is the person.
MR. BODKIN. Q. Was the shelf in the shop where you were serving? A. Yes—there was no other money there—the shilling remained there perhaps a quarter of an hour, and then I put it into the drawer—I am confident I put the same shilling she gave me into the drawer, and that I gave the officer the same.
JOHN LAYTON . I am a victualler, and live in the Old Bailey. On the 17th of June, between seven and eight o'clock in the evening, the prisoner came to my house and asked for three-halfpenny worth of gin, and threw down a half-crown—I saw it was bad, and asked if she had got any more money—she said no—I said, "Then don't drink the gin, for that won't do"—she said she had a penny, and would have a pennyworth—I kept the half-crown in my hand, and asked where she lived:—she said, "In Black Horse-court"—I repeatedly asked if she had any more money, she said no—after a few minutes she went away—I followed her into Farringdon-street, and gave her into custody, and gave the half-crown to Harding—I knew her before.
Prisoner's Defence. I was very much intoxicated, and did not know what I was doing.
GUILTY .* Aged 27.— Confined Twelve Months.
Before Lord Chief Baron Abinger.
1873. WILLIAM HALL was indicted for that he, on the 25th of June, at St. James, Westminster, about the hour of one in the night, being in the dwelling-house of Elizabeth Girle, did steal therein 2 coats, value 1l. 15s.; 1 pair of trowsers, value 8s.; I waistcoat, value 7s.; 1 pair of boots, value 7s.; 2 handkerchiefs, value 3s.; 1 sovereign, 1 half-sovereign, 1 half-crown, 2 shillings, and 3 sixpences; the property of John Clarke; and afterwards burglariously did break out of the same dwelling-house.
JOHN CLARKE . I was on my way from Norfolk to Dublin, and on the 25th of June I stopped at a lodging-house kept by Elizabeth Girle, at No. 5, Little Portland-street, which is in the parish of St. James, Westminster, I believe—I went to bed about one o'clock—I was awoke about two by a
policeman, who showed me some of my clothes in a bundle—they had been on a chair at the foot of my bed when I went to bed, and I had worn them that day—an old pair of shoes were left behind—I do not know how any body got in.
ELIZABETH GIRLE . About two o'clock in the morning the policeman knocked very heavily at my door—I got up and found the prisoner in the passage, with a pilot-coat on, and the policeman with the prosecutor's things—his room-door was wide open, and all his clothes gone—I lost nothing—I never saw the prisoner before.
DAVID CHANDLER . I am a policeman. On the 26th of June, about two o'clock in the morning, I saw the prisoner come out of the street door of No. 5, Little Portland-street, with a parcel—I asked where he was going with that parcel so early in the morning—he said he was going to the gardens—I stopped him, and examined the parcel—became out into the street—I followed him and saw another constable bring him back—I knocked the landlady up—the parcel contained the articles now produced—I also found in the pocket of the pilot-coat which he was wearing, one sovereign, half a sovereign, one half-crown, two shillings, and three sixpences.
Prisoner's Defence. I was intoxicated at the time; a man told me to come for the things; he wrapped them up for me; I stood inside the cup-board; he then told me to stand outside the room door; he gave me the things while the man was in bed; he told me to put on the pilot-coat, and to meet him in Covent-garden.
(Mary Langlois, the prisoner's landlady, deposed to his good character.)
GUILTY . Aged 22.— Transported for Ten Years.
1874. GEORGE DREW and HENRY WINFIELD were indicted for burglariously breaking and entering the dwelling-house of John Winfield, about the hour of one in the night of the 14th of June, at St. Sepulchre, with intent to steal, and stealing therein 600 pence, his property.
MR. JONES conducted the Prosecution.
JOHN WINFIELD . I keep a coffee-house in Farringdon-street, in the parish of St. Sepulchre. On the night of the 14th of June, between twelve and one o'clock, I was aroused by the cry of "Murder!" from my man—I opened my bed-room window, and asked what was the matter—he said some person had broken into the house—I went down stairs, and found the kitchen window-shutter had been broken, and was lying down in the Wheatsheaf-yard—a cupboard was broken open, and ten five-shilling papers of halfpence gone—I found two of the papers on the window-cill, and eight afterwards in the yard adjoining—I believe they were all penny-pieces—I also saw a cap belonging to the prisoner Winfield, who is my brother.
JOHN MARVIN . I am a jobbing butcher, and live in Seacoal-lane. About a quarter-past twelve o'clock on Monday night, the 14th of June, I went up the Wheatsheaf-yard, near the prosecutor's house, and saw a person there, who I believe to be the prisoner Drew—his back was to me at the time—I asked what business he had there—he made no answer—I then went home to bed—about half an hour afterwards a policeman came to me—I went with him to the Wheataheaf-yard, and found five papers of half-pence,
three whole ones, and the others broken—they were about ten yards from where I had seen Drew—the policeman and I picked them up—they were penny-pieces—they amounted to 25s.
Drew. Q. You said you only believed it to be me you saw? A. I believe it to be you—I cannot swear to you—you were stooping down, with your hands over your face—I believe it was you, but took no particular notice.
JAMES WILSON . I am servant to the prosecutor. About one o'clock, on the morning of the 15th of June, I came down stairs to light the fires—ours is an early breakfast house—I unlocked the back kitchen door—I had a light, and as soon as I opened the door it was put out—I do not know whether it was knocked out, or whether it was the wind from the man's coat, bat a man came from the cupboard where the money was kept—I did not see the man's features, but I saw him making his escape from the window after my light was put out—I caught a glimpse of him going out—he went through the window, and drove the shutter along with him before him—the sash was open, and the shutter up—the sash is always shut down of a night—it was not up when I went to bed—I left my master up when I went to bed—as soon as the man got outside I gave an alarm, and jumped out of window, and the man was then just running round the corner of the house—he bad nothing on his head—I could see that from the light in the street—I know the prisoner Winfield—he had been in the habit of wearing a cap similar to this produced, which was found outside in the yard, underneath the shutters, and I put it inside—the shutter was broken at the corner, and the staple was broken—it was not broken by the man jumping through it, but to get in by—it must have been taken down to get in, and then put up again when they came inside—the prisoner Winfield did not live in the house—he came there to have his meals at times—the cap he wore was like this—I cannot swear it is the same—after the man had gone through the window I heard the noise of money—I had gone to bed at six o'clock the evening before, as I have to be up early.
Drew. Q. When you heard the noise in the yard, did you discern ray one? A. No, I could not see any one.
GEORGE TAYLOR . I am servant to Mr. Phillips, of Farringdon-market I know Drew—on Monday night, about half-past twelve o'clock, I was crossing Farringdon-street opposite the prosecutor's house, and saw Drew there facing the prosecutor's house—I spoke to him—he made no answer, but turned his face away from me—I am sure it was Drew—he was in the street, not in the yard.
Drew. At the examination you stated that I pulled my hat over my face, and turned my collar up. Witness. You had your coat up—I positively swear to you—I looked right in your face, and said, "There you are, Drew," and he turned his head away from me—he had his coat up round his face—I could just see his eyes—I am not mistaken in him—I know him well—I saw his cheek and his nose.
MR. JONES. Q. Did you see his face before you spoke to him? A. Yes.
JAMES WINFIELD . I am a green-grocer, and live in Great Bell Alley. I am brother to the prosecutor and prisoner—I saw the prisoner at my house on the Thursday evening after the robbery, which was on Monday—I asked him how he came to rob his brother—he told me that Drew had asked him to do it a dozen times before—I asked him how he got in—he
said he had got in at the kitchen window, up the Wheatsheaf yard; that they pulled the shutters open; that he got inside, and Drew was outside; that he with his knife cut the cupboard door, and pulled out a piece of the panel of the door—he then said he took the halfpence out of the cupboard, and gave them to Drew outside the window; that when he went back for some more, some one came down stairs with a light; and as soon as the light came into the room be blew it out, jumped through the window, and ran away—that was all he said to me.
COURT. Q. What induced you to ask him these questions? A. Nothing—I had not said any thing to him before—I had heard that he was suspected, but said nothing to induce him to tell me this.
WILLIAM MURLEY TEMPLEMAN . I am a City policeman. On Monday night, the 14th of June, about twenty minutes past twelve o'clock, I saw the witness Marvin, and a person named John Sparrow, who was very much intoxicated, in the Wheatsheaf public-house yard, doing their occasions—I spoke to Marvin, and he went away—about half an hour afterwards, I heard a cry of "Murder" from the Wheatsheaf-yard—I was then about midway in Farringdon-street, coming down my beat—I proceeded towards the cry, went to the Wheatsheaf-yard, and saw a person running without any cap or hat on, in a frock coat, like the one Winfield has on—it appeared to me to be the prisoner Winfield—he turned up New-court—I had seen him before that same night, about twelve o'clock, in company with Drew, at the top of the Wheatsheaf-yard and Seacoal-lane—I knew them both before—I believe the person I saw running away to be Winfield—I pursued him, but was not able to overtake him—I afterwards went to Marvin's lodging, and we went together to the Wheatsheaf-yard—he pointed out a spot behind a hogshead there, and I found 25s. in penny pieces there—some were in paper, and some loose—I picked them up—I afterwards went to Drew's lodging, in Brazier's-buildings—I did not find him there—on the Thursday afterwards, I saw Winfield at Guildhall—I produce the copper, and the papers in which it was wrapped—I was shown a poker, which I compared with the marks on the cupboard door, and they exactly corresponded.
COURT. Q. About how far were the prisoners from the prosecutor's house when you saw them together at twelve o'clock? A. About one hundred yards—they were at the top of Wheatsheaf-yard, into which the prosecutor's back premises open—it is a thoroughfare running from Farringdon-street into Seacoal-lane—I have known them for the last two and half years—I can swear to Drew's person—Winfield bad a cap on like the one produced—about fifty minutes elapsed between my seeing them together and hearing the alarm—about twenty-five minutes before the alarm, I saw Drew alone in Farringdon-street—he made away when he saw me coming, as if to shun me—I swear it was him—he was close by the corner of the prosecutor's house.
Drew. Q. Can you positively swear that I made away from you? A. Yes—when you saw me running down past the fire establishment, you made away up the yard.
JOHN ROGERS . I am a city policeman. I took Drew into custody on Wednesday, the 16th of June, at the prosecutor's house—he said, "I should like to speak to Mr. Winfield"—Mr. Winfield walked away—I took him to the station.
WILLIAM LOCKHART . I am servant to the prosecutor—I went to bed on the night of the robbery, about half-past eleven o'clock—my mistress and I were the last persons up, and we went up stairs together—I fastened up the doors and shutters—the shutter, which was afterwards broken, I fastened myself before I went to bed.
Cross-examined by MR. DOANE. Q. What time did your master go to bed? A. About half-past ten o'clock, as near as I can say—I am quite sore he went to bed before me—there are six servants in the house—I do not think any of them were up besides me—it is my duty always to fatten the window—I think one female servant was up as well, but we all went up stairs together—I saw her go into her room—I sleep in the attic —I fastened the window with a staple.
MR. JONES. Q. When you, your mistress, and the female servant went up stairs, did you leave any one there belonging to the house? A. No.
COURT. Q. When you saw the kitchen window next, how did it appear to have been broken? A. As if it had been forced open with something—it was split like—it could be broken from the outside—they could then get their hand inside, and draw the staple—the window sash was not fastened—when the shutter was opened, the sash might be thrown up— after I had fastened the shutter, I put the sash down.
Drew to JOHN WINFIELD. Q. You stated at Guildhall, that in Whit-sun week you found your brother concealed in your cellar? A. I did—he did not tell me at that time that you induced him to do it, but I knew you to be a bad character.
Drew's Defence. As for Taylor swearing he saw me in Farringdon-street, I might have been there for the same purpose as he was, working in the market—that is the way I get my living, and I am sometimes up all night waiting for the things to come in.
DREW— GUILTY . Aged 20.— Confined Two Years.
WINFIELD— GUILTY . Aged 19.— Transported for Ten Years.
Before Mr. Justice Williams.
1875. JOHN WOOD was indicted for burglariously breaking and entering the shop of Constantine Colledge, on the 24th of May, and stealing therein 3 tea-trays, value 14s.; 3 picture frames, value 6s.; 1 plate, value 5s.; 1 box, value 10s.; 3 canisters, value 8s.; 2 brushes, value 2s.; and 1 half-yard of baize, value 1s.; his property.
CONSTANTINE COLLEDGE . I am a tin japanner, and live in Holland-street, Chapel-street, Oxford-street. I have a shop in Black Horse-yard, which I leave locked up at night. On Monday, the 24th of May, I left it about two o'clock in the day, not intending to return that day—I locked it up—it has a spring lock—as soon as the door is turned it locks, and then I turn the key which fastens it more—every thing was right in the shop then—I returned at seven o'clock next morning, and found the shop door open, the box of the lock was forced away, and hanging down by one screw—on going in I missed some articles, and found some of them exposed for sale on the Thursday fortnight following.
Cross-examined by MR. PHILLIPS. Q. Did you lock up the premises yourself? A. Yes—I am quite sure I never said another person locked them up and brought me the key, for I locked them myself, and had the key in my pocket—I have trusted a person with the key before—I never
said I did so on that occasion—there was no trap-door left open—there is no trap-door—there is a flap for airing the shop—it was not left open that night—it was shut down when I left the premises—I have no servants—I sometimes give my key to my daughter—she sometimes shuts up for me, but did not that night—I shut the flap myself.
HENRY LONG . I am a general salesman, and live in West-street, St. Martin's-lane—I have seen the prisoner twice—I saw him at my shop about three weeks before the 25th of May—I bought some plasterers' tools of him—either on the 25th or 26th of May, I bought of him three tea-trays, three frames, a china plate, two brushes, a tin canister, and a wrapper, for 7s.—I put them out for sale, and about a week after the prosecutor came by, and claimed them—those now produced are them.
Cross-examined. Q. Are these all you bought? A. The tin canister I have sold for 4s. 6d.—I value the plate at about 1s., and the canister at about 2s.—the prisoner told me he had bought them cheap at a sale—mine is a general sale shop, not a marine store shop—I have been a pawnbroker's shopman—I asked the prisoner particularly if they were his own—he said he brought them from a friend of his, a broker, who bought them at a sale—I took down his direction when he first sold me the tools—I could not find the address to give the prosecutor—I keep books in which I put down addresses, but I did not put the prisoner's direction down there—I had it down when I bought the tools—I told the prosecutor I could point out the man, and I went to three or four persons with him to see—I will not be certain that I took the prisoner's address down, because I cannot find it—I know I took the direction either in a book or on a piece of paper—I never buy of strangers—I was never before questioned abont any thing I bought—I have never been a witness before.
CONSTANTINE COLLEDGE re-examined. I saw the three trays and the wrapper outside Long's shop—I went in and claimed them—they are the three trays I missed, and this plate also—I know it by three blue spots on the back of it—I also know these frames, and the wrapper—I lost more things, which are not here—I found nothing else.
Cross-examined. Q. Did you ask Long for the address of the man who sold him the things? A. I did not myself—I did not admit leaving the flap open before the Magistrate.
(The prisoner put in a written Defence, contending that the evidence of Long was not to be received; that he had sold him some tools, but not the property in question; and that Long had charged him with it in order to screen the guilty party.)
NOT GUILTY .
Fourth Jury, before Mr. Recorder.
1876. SARAH CLARKE, alias Lattam, alias Barnes, alias Williams , was indicted for stealing, on the 29th of November, at St. Pancras, 1 watch, value 1l.; 1 breastpin, value 7s.; 12 spoons, value 30s.; 1 pair of sugar-tongs, value 3s.; 2 shawls, value 40s.,; 4 gowns, value 3l.; 3 table cloths, value 12s.; 4 sheets, value 1l.; 5 handkerchiefs, value 10s.; 1 snuffer-tray, value 10s.; 1 20l., 2 10l., and 3 5l. Bank-notes; the goods of Elizabeth Jones, in her dwelling-house:— Also on the 11th of June, at St. James's, Clerkenwell, 1 pelisse, value 2l.; 1 gown, value 16s.; 1 shawl, value 8s.; 1 collar, value 2s.; 3 yards of ribbon, value 2s. 10d.; 10 spoons, value 5l.; 1 fork, value 1s. 6d.; 2 handkerchiefs, value 5s.; 1 pepper-box, value 3s.; 1 sheet, value 5s.; 1 pillow-case, value 1s.; 2 ornaments, value 1s. 6d.; and 9 yards of printed cotton, value 5s.; the goods of Edward Williams, in his dwelling-house:— Also, on the 12th of June, at St. Dunstan, Stebonheath, alias Stepney, 1 watch, value 25l.; 4 spoons, value 2l. 16s.; 1 pair of sugar-tongs, value 18s.; 2 pairs of spectacles, value 1l.; and 1 musical box, value 1l.; the goods of Rosina Elizabeth Smith, in her dwelling-house; to all of which she pleaded
GUILTY . Aged 58.— Transported for 15 Years.
(The prisoner has formerly been convicted and sentenced to transportation for 14 years.)
1877. JOHN SUNNEX was indicted for feloniously assaulting Emma Ormond, on the 26th of June, putting her in corporal fear and danger of her life, and taking from her person, and against her will, 1 pocket, value 1d., and 2 shillings, her property; and immediately before, at the time of, and after the said robbery, feloniously beating, striking, and using other personal violence to her.
EMMA ORMOND . I have been in the workhouse since last Friday week. On the 25th of June I slept in Catherine-street, Vinegar-ground—on the 26th I got into a cab with a gentleman—the prisoner drove that cab to Portman-square, I believe—the gentleman got out there—I also got oat, but got in again, and told the prisoner to drive me down to the City-road again—it was a close cab—I had got in at the end of Old-street-road—the gentleman paid the fare up to Portman-square—the prisoner drove from the square some distance—he pulled up, and I went and took part of a quartern of gin with him at some public-house—I do not know where it was—he ordered it—I got out—the "public-house was closing—it was just before twelve o'clock—I got in again—he got on the box, and went on to some square—he then pulled up, got off the box, put the reins inside the front window, and got into the cab to me—he took liberties with me—I resisted, and told him if he would not drive me to the City-road, I would walk—I got out of the cab—he struck me, and put bis hand inside the front of my dress, which was open, and tore my pocket off—he struck me on my hack, and kicked me on my hip, before he took it—I asked him for my pocket—he said he had not got it—I said he had—I called "Police"—a policeman came—I told him the prisoner had taken my pocket, which had 2s. and a duplicate pinned in the corner—I gave him in charge—the policeman put me into the cab, and I went to the station.
Cross-examined by MR. CARTEEN. Q. Where did you sleep on the night but one before this happened? A. In Henrietta-street, Vinegar-ground, City-road—it is an accommodation-house, where any one can go by paying for a bed—a girl can go by herself, or with a gentleman—it is a common brothel—I am a prostitute—I had been out very early in the evening in question—I had been walking about different parts—I met the gentleman opposite Old-street-road—I did not go with him any where but in the cab—that was at half-past eleven—I had seen him before—I had taken two glasses of wine about eleven with another gentleman, not the one I went in the cab with—I had not taken any thing else in the evening except part of the quartern of gin with the prisoner—I bad bad some gin in the morning before I left the place where I slept, and I had taken some beer at dinner-time—I took nothing after dinner till the evening—the cab
was taken in Old-street-road—I do not know the gentleman's name, or where he lives—I met him quite promiscuously, as I did the first time I met him—I had only met him once before—it was not in Baker-street I met the cab, I am quite certain—I was not at any time on the box with the prisoner—I do not recollect being on the box—I was not on the box at all with him—he did not overtake me in Baker-street—I did not, as far as I remember, get on the box with him—I was sober—I do not know the name of the public-house I stopped at with the prisoner—I only stopped at one public-house—I do not know whether it was in the New-road, or where it was—when we stopped I was inside the cab—I was not on the box—the prisoner paid for the whole of the gin—I did not pay any thing towards it—I had no other money but the 2s.—I did not say if he would be 2d. towards it I would—I did not see a policeman there—I do not know whether I must have seen if there had been one there—they were just closing up—I think we went into the public-house—there was a crowd—the doors were just shutting—I went in and came out again—I will not swear that I went in for it, I was in such a bustle—I did not go in—I drank some gin outside the door and some in—I do not know how much I drank inside, or how much outside—I do not remember the prisoner asking a policeman to hold his horse—(William Leonard, a policeman, was here called in)—I do not recollect seeing that policeman at the public-house—I think I should have seen him if he had been there—the prisoner took my pocket just after striking me—my pocket could not have got loosened inside the cab, for the string was round my waist as I had tied it on, and it was torn right off, and the string was left—my dress was not much disordered—the dress was open in front where he got the pocket from—I never saw the policeman Ross before this happened—since this he has fetched me every morning from the workhouse, and taken me back—I left this Court on Monday when Ross did—I do not know at what time I got to the workhouse—it was dark—immediately on leaving the Court I went over the way with the policeman to take refreshment—we stopped there more than an hour—we were neither of us exhilarated there—we went straight up to Marylebone from there—we went now here else after leaving the public-house—I went previously up a court in the Old Bailey to speak to a friend, privately for a few minutes—I went with some one I wished to speak to—it was a male—we went into a brothel—the policeman fetched me away from there—I will swear I was not drunk—Ross sang at the public-house—I do not know how many songs—I did not pay any attention to what was sung—there was a great deal of singing.
COURT. Q. Had you any struggle with the prisoner when he got on his box after you lost your pocket? A. No—he was going to get on his box, and I called to the policeman—I caught hold of the cab to prevent his going off—I had been drinking, and was a little the worse for it.
WILLIAM ROSS (police-constable D 157.) I went into Dorset-square on the night of the 26th of June, at half-past eleven o'clock—I saw the prisoner on the box of a cab, and the prosecutrix clinging to the side by the door—when the prisoner saw me he got off the cab, and said he had lost his whip—I heard the prosecutrix say before that, "You give me my money, you have robbed me"—I asked what was the matter—he said he knew nothing about it—she was clinging to the side of the cab at the time—I went up to the prosecutrix, and asked her what was the matter—she told me the prisoner
had attempted to take liberties with her, and she had refused; that he then put his hands up her clothes, and snatched her pocket from her side, which contained two shillings and a duplicate—I asked the prisoner whether he knew any thing about the pocket—he said, "I do not"—I then asked him to allow me to search him—he said, "Certainly you may"—I searched him, but found nothing—the prosecutrix was staggering at the time, in liquor—I told her to get inside the cab—she was reeling about—I was afraid she would fall down—I opened the door to hand her in, when the prisoner came behind her, hit her a violent blow on the neck, and kicked her on the back—I laid hold of him by the collar, to drag him away from her, and threw him down—I then told him I would search the boot of his cab— I then saw him go round the side of the cab nearest to the iron rails and hedge of the square—I then saw something white hanging on the iron rails—I saw him throw it over the iron rails, across the hedge, into the. garden—I then went round to him, collared him, and asked what he had done with the pocket—he said he knew nothing about it—I said, "I just saw you throw it over into the garden"—he said, "For God's sake, policeman, say nothing about it, the girl is drunk, and there is no-body will see you, here is 5s. for you"—I told him I would take no such thing—a coachman was coming by at the time—I asked him to hold the prisoner while I got over to see what he bad thrown over, and I found this pocket, with the duplicate inside—when I was getting over the iron raite again, he was struggling with the coachman—I laid bold of him and shook him—he said, "Policeman, there was only two shillings in the pocket, and that you will find in the bottom of the cab; you shall have that, and half-a-crown besides, as there is nobody about if you will let me go"—I told him I would do no such thing, he should have thought of that before—he then attempted to struggle with me again to get away—I shook him again, and told him he must come to the station-house—he said, "If I most go, I will go quietly"—I told him to get on the box of the cab—he did so, and I followed—he took the reins in his hand, and told me he would drive—I took them out of his hand, and said I would drive to the station-house—he turned about to put the whip inside, then jumped off, and made his escape—I jumped off after him as soon at I could stop the cab and hallooed, "Stop thief"—he was taken in Edward-street, by a constable, (Butler, D 66, I believe)—he ran down where there is no thoroughfare—I ordered the constable to take the prisoner to the station, while I took the cab down—I searched it there, and found two shillings at the bottom, inside.
Cross-examined. Q. In what state was the prosecutrix? A. Drunk—she said the prisoner had put his hands up her clothes, and snatched her pocket away—the coachman is not here—he was not ordered to attend—he did not go to the station—I did not ask him to go—I was on the spot about five or ten minutes before I saw the coachman—I had very little difficulty in getting the prosecutrix into the cab—she was capable of walking—she was staggering, and when the prisoner made resistance I thought he might knock her down—he did not push her into the cab—he struck her purposely, and violently—he did not ask her to get in—he made no resistance to being searched—I did not search the cab till I got to the station, as I was otherwise engaged—the prisoner did not tell me he had robbed her of the two shillings till after I had got over the rails—the other policeman was not near the cab—I did not think it necessary to
search the cab when the prisoner was in his hands—I put the prosecutrix into the cab—I searched it while she was inside, at the station-house door—the prisoner was about three feet from the railing at the time I saw the pocket on it—I cannot say it was not on the railing before—the cab was before the railing—the glass was down or I should not have seen it—the prosecutrix has been in the workhouse ever since—I have brought her here, and taken her back—I went to the workhouse with her last Monday after leaving this Court.
Q. Did you go straight from here to the workhouse? A. She had had nothing to eat all day long, and no money—of course I took her in to have something to eat and drink, I could not let her starve—I suppose we might be three hours there—I was with my friends and brother constables drinking and singing—she did not sing, to my knowledge—I think she had some biscuit, cheese, and ale, and perhaps some cherries and something else—that was after five o'clock—she told me the prisoner had ill-used her before he took the pocket—she said nothing about striking or kicking—she said he had been taking liberties—she was out of my sight after leaving the Court on Monday—I went after her, and found her at a turning going out of Ludgate-hill—I saw her come out or the door of what appeared to be a house—I went after her, thinking she might have been decoyed away by the prisoner's friends, and seeing that gentleman there, (pointing to a person in Court,) very anxious at the time—she had some one with her when she came out—it was not one of the prisoner's friends.
MR. CARTEEN called
WILLIAM LEONARD (police-constable D 50.) I was on duty on the 25th of June, in York-place, Baker-street, near the Globe tavern—I saw the prisoner there on a four-wheeled cab, and the prosecutrix with him, sitting by his side on the box, I am sure of that—the prisoner got down, went and knocked at the Globe door, and asked for a quartern of gin—he spoke to me, and said, "I am only going to get a quartern of gin"—I said, "A cab is not allowed to be here, make haste"—he said, "I am afraid my horse will bolt" and I stood by his horse's head while he fetched the gin—the prosecutrix drank a glass on the box, and I saw her give him two halfpence and a penny piece, and the prisoner said, "Here is two half-pence and a penny"—the prosecutrix did not speak, so I could not tell in what state she was—she wanted to have another quartern of gin—I said I would not allow it, I should take the number of the cab, which I did, and she said to the cab-man, "If we have another quartern of gin we will make it all right"—they drove away into the New-road, towards the Yorkshire Stingo, she sitting by his side on the box.
COURT. Q. You did not see her get inside at all? A. She did not while in my sight—I am positive she is the same woman—I did not see her off the box—Ross is in my division—I have known him about two years and a half.
COURT to EMMA OSMOND. Q. You have heard what this witness says, that you sat on the box and received the gin there, does it bring any thing to your recollection which you have not stated? A. No—I do not remember being on the box—this is my pocket—the duplicate in it is for a flannel petticoat pawned for 9d., at Walker's, in Tabernacle-walk.
(The prisoner received a good character.)
GUILTY.—Recommended to mercy. — Confined Two Years.
NEW COURT—Wednesday, July 7th, 1841.
Fifth Jury, before Mr. Common Sergeant.
1878. HARRIET RUSSELL was indicted for stealing, on the 25th of June, 4 bottles, value 1s.; 3 quarts of wine, value 9s.; 1 pint of gin-value 1s.; 2 brooches, value 2l.; 6 pairs of stockings, value 3s.; 2 shirts value 3s.; 1 handkerchief, value 3s.; 1 rule, value 4d.; and 1 printed book, value 2d.; the goods of Joseph Wheeler, her master; to which she pleaded.
GUILTY . Aged 17.— Confined Three Days.
THOMAS THORPE . The prisoner was in my employ for six weeks—in consequence of circumstances I marked 3l. in silver—among them was a half-crown, nine shillings, some sixpences, and a fourpenny piece—I placed it in the till on Monday night, the 28th of June—I went to the till again late in the evening of the 29th of June, and the money was gone—I have seen it since in the prisoner's possession—I sent for a policeman—the half-crown and one shilling was found on his person, and the rest in his box.
Cross-examined by MR. BALLANTINE. Q. What was his duty at your place? A. As potman and barman—he had to receive money—there was no other money in the till when I put the money in on the 28th—I looked in the till again about the same hour at night on the 29th—there were from ten to twelve shillings in it then—it was the daily taking—the whole of the marked money was taken on the 29th—the money that was left in the till was for the accommodation of change—it might have been given for change to the customers out of his pocket.
GEORGE TREW (police-constable H 125.) I searched the person and box of the prisoner, and found this marked money—when I took him I told him what it was for—I asked him how he could account for that money—he said he should say nothing about it.
Cross-examined. Q. You found a good deal of money in the box? A. Yes, about 14l.
COURT. Q. Do you know the Magistrate's band writing? A. Yes—this is it—I heard the prisoner state this—(read)—" The prisoner says, I do not wish to state any thing till I have spoken to my friends—when I came I had 15l. 15s.—I have been in three places, and been used to save money—if not bound to say more I will not at present."
GUILTY . Aged 18.— Confined Nine Months.
MR. CLARKSON conducted the Prosecution.
FRANCIS EDWARD TUCK . I am manager and traveller to the firm of Schewppe and Co., in Berners-street—the proprietors are John Kemp Welch and William Egan—I live in Grafton-street East. At twenty minutes past eight o'clock on Friday night, the 2nd of July, I was returning home—I met Tibb with a hamper of bottles on his head—he and Dimmock
were both in the service—they were chiefly employed in stamping the labels and putting them on—I said to Tibb, "Where are you going?" he said he lived about there—I said, "What have you got?"—he said he did not know—I said, "Don't you know where you are going to?"—he said "Not exactly"—I said, "Who gave you this?"—he said some words, and then said a man in Francis-street gave it him—I said, "Don't you know what you have got?"—he said, "No"—I said, "Let me see"—I took the hamper down, and desired him to open it—he did so—I saw they were bottles—my suspicions were excited—I again asked him where he was going to—he said, "To 34, Grafton-street"—I doubted it, and said I would go with him—he began to cry, and said, "No, it is not so, if you won't hurt me, I will tell you all about it"—I did not make him any reply—he said the truth was, Dimmock had given them to him, and told him to make what be could of them, and he again said if I would let him go or promise not to hurt him, he would tell me all about it—I said I could make no promise, his master must know about it—he then again said Dimmock gave them to him from the warehouse—he said Dimmock let him into the warehouse, and had given him the bottles, and he was to make what he could of them—in consequence of that I sent my servant for a policeman.
JOSEPH HOPKINSON (police-constable E 110.) I took Tibb—on going to the station he told me another boy assisted him in taking the bottles—we had not gone above twenty or thirty yards before we met Dimmock—he said, "That is the boy that assisted me"—I took Dimmock—I said, "Do you know this boy?"—he said, "Yes, we both work at one place"—I said, "Did you assist him in taking these bottles?"—he said yes, he had done so.
TIBB— GUILTY . Aged 17.
DIMMOCK— GUILTY . Aged 15.
Recommended to mercy by the Prosecutor and Jury.
Confined Four Days and Whipped.
MR. CLARKSON conducted the Prosecution.
DINAH STILES . I live with Gilbert Orme, a hosier and haberdasher, in Little Russell-street, Covent-garden—the prisoner was his errand-boy—he had 8s. a week. On Monday, the 28th of June, I marked six shillings and three sixpences, and put them into the till—that was the only money in the till—shortly after, I saw the prisoner return to the shop—he went to the till—he put some money in which he took from a customer, then I saw him take some money out, and put it into his right hand trowsers pocket—he then went from the till—about an hour after I went to the till, and missed 7s. 6d., 5s. 6d. of the marked money, and two shillings that were not marked—the prisoner was given into custody of a policeman.
Cross-examined by MR. DOANE. Q. The prisoner did not board or lodge there? A. No—he had been with us fifteen months.
JOSEPH PERKINS (police-constable F 97.) The prisoner was given into my custody—I took him to the station, and found these six shillings and three sixpences on him—five of the shillings and one of the sixpences are marked.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Three Months.
Cross-examined by MR. PAYNE. Q. There was a great crowd? A. Yes—there was great excitement.
GEORGE BAKER . I am a constable. I was in Guildhall-yard—I saw the prosecutor there, and the prisoner—I saw the prisoner take the pin out with his right hand—he dropped it—I collared him with my right hand, and picked the pin up with my left—I had a great deal of bother to get him out of the crowd.
Cross-examined. Q. Where were you standing? A. Directly opposite the Guildhall Coffee-room—I was on the right-hand side of the prisoner—the prosecutor was standing between us—he was nearer to the prisoner than I was—I am positive I saw the prisoner take the pin out, and then drop it on the ground.
THOMAS RADCLIFFE . I was there—Baker called me—I did not see the prisoner take the pin—about ten minutes previously I had seen the prisoner working very busy in the crowd—I laid hold of him at the corner of Milk-street he laid down, and called "Murder! Rescue me! Knock the b—y policeman down!"—I had my hat beat in—I suppose there were forty or fifty persons upon us.
Cross-examined. Q. Are you constable to the Society for Preventing Cruelty to Animals? A. Yes—I was there out of curiosity.
Cross-examined. Q. Where were you? A. On the left-hand side of the prisoner—he put his hand up, snatched the pin out, and threw it down on the ground, and Baker collared him.
GUILTY . Aged 17.— Transported for Ten Years.
1883. EMMA STRANGE was indicted for stealing, on the 20th of June, 1 pair of shoes, value 6s., the goods of Julia Lavinia Gray; 3 caps, value 2s.; 1 bed-gown, value 2s.; 1 collar, value 2s.; 1 pair of gloves, value 2s.; 1 handkerchief; value 2d.; 1 breast-pin, value 5s.; and 1 yard of ribbon, value 6d.; the goods of Robert Gray, her master.
ELIZABETH MARY GRAY . I am the wife of Robert Gray. We live in Wallis Cottages—the prisoner was my servant for a fortnight—on the 20th of June I allowed her to go out for a holiday—in consequence of what I saw on her when she returned, I sent for an officer, and these articles were found—she had the ribbon, which was mine, on, and the shoes, which are my daughter's, Julia Lavinia Gray—these other things were found in her bundle and in her box.
GUILTY. Aged 17.—Recommended to mercy by the Jury. — Confined Three Months; the last Week in each Month solitary.
1884. PATRICK DOHERTY was indicted for stealing, on the 25th of June, 1 cap, value 6d. the goods of Thomas Cotton; 1 plane, value 2s. 6d. the goods of Robert Bodley; 1 trowel, value 1s. 6d. the goods of Christopher Crew; and 1 trowel, value 1s. 6d. the goods of George Knife.
Cross-examined by MR. PAYNE. Q. How do you know it? A. By some paint on it—I have had it nearly twelve months.
Cross-examined. Q. How do you know it? A. It is stamped with my mark on the end of it.
Cross-examined. Q. Had you ever seen him before? A. Never—it was pledged in the name of John Williams—I am quite sure he is the person—I do not suppose he was there above five minutes.
Cross-examined. Q. Did he not say he bought it for 4d.? A. Yes—I did not make any memorandum of what he said.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy. — Confined One Month.
ANN BODDINGTON . I keep a shop in Orchard-street, Westminster. On the 20th of June, about four o'clock in the afternoon, I was in the back parlour—I was called, and went into the shop—I missed my till—there had been about ten shillings'-worth of money in it—this now produced is the till.
SARAH MAYNARD . About four o'clock in the afternoon, on Sunday, the 20th of June, I was going down Orchard-street—I saw three or four boys standing there—as I was coming back I saw a shorter boy than the prisoner go down Duck-lane, with the till on his head—I went and told Mrs. Boddington.
JOHN ABBOTT . I have known the prisoner for some time—on the 20th of June, about four o'clock in the afternoon, I saw him coming round Duck-lane with the till on his head—there were a good many others round him—he took the till down Simond's-buildings, and left it there—there were some papers in the till—he left them in it, and I saw he had some money in his cap, but I did not see him take it out of the till—he and the others then went away.
Prisoner. I never had the till on my head.
GUILTY .† Aged 17.— Transported for Seven Years.—Convict Ship.
WILLIAM COCKERELL . I keep a shop in Pye-street. The prisoner lodged with me—I kept my money in a drawer behind the counter—he knew that. On the 3rd of July, about three o'clock in the afternoon, I placed my purse in that drawer—it had 53s. in it—this is my purse—I missed a half-crown, eight shillings, a sixpence, and three fourpenny-pieces from it.
Prisoner. Q. Were you sober? A. Yes—I went out when I placed the purse there, at three o'clock, and did not return till late at night.
ELIZABETH COCKERELL . I am the wife of William Cockerell. On the 3rd of July, after twelve o'clock at night, I was going up stairs—I saw the prisoner coming down—I asked him if he wanted any thing in the shop—he said, "No"—he went down, and I heard some money fall in the shop—I ran down immediately, and met him coming out of the shop—I asked what he wanted, he said, "Nothing"—I then asked what he did there—he said he wanted a pint of beer—I looked at the till, and that was all right—I served him with the beer—I then saw the puree hanging half out of the drawer, and a half-crown, a sixpence, six shillings, and three fourpenny-pieces were on the floor—there was no one to take it but the prisoner—there was no one else in the house.
Prisoner. Q. Did either of them say what money there was in the purse? A. Not till they were before the Magistrate.
Prisoner. They had then counted what was in the purse and what was on the floor—the officer had told them what was on me, and then they could tell—there was 10s. found on the floor, and 2s. on me—the prosecutor has trusted me in his shop, when no one was there.
Prisoner. I offended my friends by an early marriage, and have been in great distress.
GUILTY. Aged 28.—Recommended to mercy by the Jury. — Confined Four Months.
JOB THORNE (police-constable F 75.) About five o'clock in the afterternoon, on the 30th of June, I was in the crowd, before the polling-booth at the Election in Covent-garden, in plain clothes—I observed the prisoner behind me—I felt something at my coat-pocket—I put my hand behind me, and caught a man's hand—I turned short round, and found the prisoner taking my handkerchief out of my pocket with his right hand.
Cross-examined by MR. BALLANTINE. Q. Was it entirely out of your pocket when you turned round? A. Yes, and in his hand.
CHARLES CULMER (police-constable F 117.) I was there in plain clothes—I saw my brother constable turn round, and he said, "This man has picked my pocket;"—I saw this handkerchief in the prisoner's possession, and I took him into custody.
GUILTY . Aged 27.— Confined Three Months.
MICHAEL CARTWRIGHT . I live in Great Titchfield-street. I had a pair of boots and a waistcoat in my room up stairs, on the 2nd of July—I saw them safe about nine o'clock in the morning, and missed them about nine in the evening—these now produced are them—the prisoner lived in the next room to me—he is a tailor—the things were not locked up.
Prisoner. I did not pawn them.
GUILTY . Aged 32.— Confined Three Months.
MR. BALLANTINE conducted the Prosecution.
JAMES REEVES . I keep the Orchard public-house at Black wall; the prisoner was my pot-man. On the 26th of June, between one and two o'clock in the day, I wanted the prisoner, and went to the pot-house where the pots were cleaned, he was not there—I then went to the cellar—(the prisoner had no business there at that time)—I heard a chopping, and law him on his knees, behind a pile of wood in the corner of the cellar—he was partly concealed—I asked what he was doing—he said I chopping wood, or putting the cellar to rights, or something to that effect—I told him to go to the parlour, which was where it was his duty to be at that time—when he was gone I went to where I had seen him, and found a quantity of metal stowed away in a spittoon—it had been cut up and flattened—it was such as the pots are made of—I locked up the cellar, and placed the key in the bar—in about a quarter of an hour afterwards, I found the prisoner again in the same situation, where the wood was—I asked him what he was doing—he said, "Chopping wood"—I told him to lock the cellar-door, and take the key to the bar—he came out, and locked it—in the evening I sent for a policeman—I went to the cellar, and pointed out the place—the metal was still there—this is it—amongst it is some which has my name on it—the metal had no right there.
JOSEPH BEALE (police-constable K 252.) I took the prisoner, and was directed to where this spittoon was, behind some wood in the cellar—I found this metal in it—I found on the prisoner 1s. 11d.—this metal has been cut with a chopper.
JOHN BURROUGHS (police-constable K 283.) I was at the station when the prisoner was there—this chopper was produced—the prisoner asked what the officer was tying up, I said, "A chopper"—he said, "b—the b—chopper, it will sell me, I am sorry it is found."
Cross-examined by MR. PAYNE. Q. Did you go before the Justice? A. No—there were some prisoners, and three or four officers in the station when the prisoner said this.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Six Months.
(There was another indictment against the prisoner.)
CHARLES THOMAS UPCOTT . I live in Wood-street. On the 5th of July, about ten o'clock, I was near the New Post-office in Cheapside—I was told something, and missed my handkerchief—I followed the prisoner and took him—this now produced is my handkerchief, and the one I lost.
JOHN DENNIS . I live in Friday-street. I was near the Post-office, and saw the prisoner behind the prosecutor, with his coat in his hand—I saw him take his hand from under his coat—I told the prosecutor, and he followed him.
MR. UPCOTT re-examined. The prisoner crossed from Cheapside to Paternoster-row, and then through Panyer-alley to Newgate-street—there is no doubt he dropped the handkerchief before the officer came up to him.
GUILTY .** Aged 20.— Transported for Ten Years.
GUILTY . Aged 12.— Transported for Seven Years—Convict Ship.
HENRY GOODWIN MARNER . I live in Charles-street, Hatton-garden. The prisoner was in my service—in consequence of suspicion I got an officer, and had the prisoner and his bundle searched—this brush was found in it—it is an old brush, which has been in our family sixty or seventy Years.
Prisoner's Defence. I know nothing about it—I did not put it in—I have come away every Sunday morning, and was never stopped in the street before.
GUILTY . Aged 19.— Confined Six Months.
FREDERICK ENSOLL . I am a bookseller, living in Paddington-street, Marylebone. I had this book safe in the morning, on the 1st of July—I had not sold it—it has my private mark on it—it has not been bound above six weeks.
Prisoner's Defence. The book is mine; I bought it six months ago.
GUILTY . Aged 17.— Confined Three Months.
MARY ANN BISHOP . I am the wife of George Bishop, a publican, in Westminster. On the 29th of June the prisoner came for some porter—he gave me a bad shilling—after giving him change I saw it was bad—I said it was bad—he said it was not, and ran out.
Prisoner. You put it in the till with a lot more. Witness. I cannot say whether I put it in the till or kept it in my band, but there were no other shillings in the till—I am sure this is the shilling—I gave it to the officer—the prisoner was not out of the house when I told him it was bad.
NOT GUILTY .
GEORGE WATSON . I am shopman to Alexander Wilson and others, of Cromer-street. Last Saturday night, at eleven o'clock, some one gave me information—I looked about, and saw the prisoner with a pair of boots in his hand, near the shop-door—I went out, overtook him, and saw him with the boots produced in his hand—they are my masters.
Prisoner's Defence. I know nothing about them.
GUILTY .* Aged 32.— Transported for Seven Years.
ALEXANDER WATSON . I am a miller, living at Stanmore. The prisoner was my wagoner—on the 29th of June I sent him to London—he was allowed three bushels of beans, and three pecks of pollard and chaff a week for each of his horses—it is mixed, and he goes into the mill, and has it as he requires it during the week—a man in the mill measures it to him—he is allowed about a sack at a time, sometimes two sacks—he takes it into the stable, and puts it into his bin, and takes as much as he requires—the largest quantity he takes to London is about two bushels—here is from two to five bushels, and it is mixed up as mine is—I have no doubt about its being mine—he would not be allowed to take as much as this.
Cross-examined by MR. DOANE. Q. You have had him some time? A. Yes, from two to three years—the person is not here who measures it out to the prisoner—I cannot speak to the quantity of pollard be had—he was to take about two bushels with his horses when he went to London—I never gave any distinct order as to what he was to take—I gave the direction for the quantity per week—he had to go to Hounslow—he generally stopped there to feed his horses.
COURT. Q. Had he any right to take any of this but for your horses? A. No.
HUGH SANDILANDS . I am a policeman. At half-past two o'clock in the morning of the 29th of June I was passing the White Bear inn at Hounslow—I saw the wagon standing at the door of the White Bear—the horses were unhooked, and one of the troughs before them—I returned about three o'clock—the horses were then put to the wagon, ready to start—I saw the prisoner take a sack from the front of the wagon, and shake its contents into the trough the horses had been feeding out of, he ordered Golden to take it away, and he drove on—one of the ostlers was indoors at the time.
Cross-examined. Q. You took Golden into custody? A. Yes—I did not see any ostler.
Cross-examined. Q. You were quite a stranger to the prisoner? A. Yes—I am a bricklayer—there was no ostler there—I happened to stop there on account of the weather.
GUILTY . Aged 28.— Confined Six Months.
HENRY ELDER NORIE . I lodge in Turner's-court, St. Martin's-lane. I met the prisoner in George-street, St. Giles's, at two o'clock last Sunday morning, and went with her to a room—two or three minutes after we were there she put her hand into my pocket—I told her to take it out—she did so, and in about two minutes after she put it in again, and took out one half-crown, three shillings, and one sixpence—I did not discover it till she had been out of the room a minute—she said she would go and get some water—she did not return—I went down, met her, asked her for my money, and took hold of her—a man said he would knock my head about if I did not let her go—I called the policeman—he came and took her—one six-pence was found on her, which I can swear had been in my pocket.
Prisoner's Defence. I never saw the man at all—he was not with me.
GUILTY .** Aged 24.— Transported for Ten Years.
MR. DOANE conducted the Prosecution.
WILLIAM CREMER . I am a wine and beer merchant, living in Lime-street. I have one partner—the prisoner was our cellar-man and carman—he had been in our service four or five years—I found my stock was diminishing, and got an officer to watch the prisoner when he left my premises—on the 25th of June he went out with goods—after he had gone Forrester returned, and communicated something to me—when the prisoner returned I called him into the counting-house—my brother asked what places he had been to—he mentioned each place that he should have gone to, but did not name Berkley-street—Forrester, who was present, said, "Are you certain you have not been any where else?"—after a little hesitation, he said he had taken a dozen to Berkley-street, and he intended to pay for them—I do not know that he had ever bought any of us but once; but never, under any circumstances, was he allowed to take it without our knowledge—I went to Berkley-street, and found a dozen bottles of porter in a cupboard, which his wife led us to—there were some other bottles there, some empty, and some with things in them—the corks had our names on them.
Cross-examined by MR. BALLANTINE. Q. Had you known the prisoner
a considerable time? A. My brother has—the prisoner came from the same part of the country as I did—we have a good many persons in our employ—the prisoner occasionally assists the cellar-man—we have turned away the cellar-man and all our servants—the prisoner had conducted himself honestly, for any thing we know, before this—we have trusted him with sums of money—this porter was worth 6s. 6d. with the bottles—if he had wanted articles of this kind, he could have had them from us if he had first asked for them—he never had any wine—he had half a dozen of porter at Christmas.
DANIEL FORRESTER . I am an officer of the City of London. On the 25th of June I watched at Messrs. Cramer's premises, and saw the prisoner leave—I followed him in a gig—he went to No. 12, Berkley-street, and I saw him in the act of getting out of the cart with a basket which contained a dozen bottles, which appeared to be full—the door of No. 12 was opened—he handed in the bottles, and the basket was returned to him empty—he returned to the cart with it—he returned to the house again with an umbrella, then got into the cart, and went on to his other places—I communicated this to the prosecutors, and what has been stated is correct—I went to the house, and found a dozen bottles of porter there.
(The prisoner received a good character.)
GUILTY. Aged 29.—Recommended to mercy by the Jury. — Confined Three Months.
1899. HENRY FREEMAN was indicted for burglariously breaking and entering the dwelling-house of Samuel Morgan Lewis, on the 22nd of June, at St. Mary-le-Strand, and stealing therein 40 handkerchiefs, value 4l., his goods.
FREDERICK STAMERS . I am assistant to Mr. Samuel Morgan Lewis, who is a hosier, and lives at No. 164, Strand, in the parish of St. Mary-le-Strand—he resides in the house—I was there on the night of the 22nd of June—the door was not shut, nor the windows—about nine o'clock that night all was safe, and about ten the officer came—I found the window was then broken, and four or five bundles of handkerchiefs bad been taken out—forty handkerchiefs at least—I have never seen them since.
JOSEPH THOMPSON (police-constable F 39.) I saw the prisoner and two other youths come along the Strand that night—they went to the prosecutor's window—the prisoner went between the other two, and did something to the window in a stooping position—then one of the others went and put his hand in and took something out—the prisoner and the other stood aside—they then separated—I took the prisoner, and shoved him into a shop—I found on him this instrument, which corresponds exactly with three holes by the side of the glass—there was a piece cut quite out—one of the others was carrying this umbrella, which he gave to the prisoner, and he had it in his hand when I took him.
GUILTY . Aged 20.— Confined One Year.
1900. CAROLINE ANSON was indicted for breaking and entering the dwelling-house of John Summers, on the 14th of June, at St. Luke, and stealing therein 1 ink-stand, value 1s.; and 1 trunk, value 1s.; the goods of Harriet Soffe.
ANN SUMMERS . I am the wife of John Summers—we occupy the back room of a house, No. 3, Mitchell-street, in the parish of St. Luke. On Monday morning, the 14th of June, I left home, about half-past five
o'clock, leaving my husband and son in bed—I returned about one, and found the things were in great confusion—this ink-stand and trunk were removed from where I had left them, which was in a band-box—nothing had been carried away—this is the ink-stand and trunk—they are the property of Harriet Soffe.
JOHN SUMMERS . I am the son of Ann Summers. On the 14th of June I came home to dinner, about one o'clock in the day—when I left the room the door was locked—when I came back I got the key from the landlord—I opened the door, and saw the prisoner and another girl there—they were locked in the room—I stood about half a minute, and then went and knocked at the other room door, to tell the people, and while I was gone the two girls ran down stairs—the people told me to ran after them—I ran and took the prisoner, and she hit me—I walked by her side till she was taken—I never lost sight of her—I went back, and this ink-stand was on the bed—this trunk was on the table, and the room was in a disordered state—I had left the room at half-past fix o'clock—my father locked the room door in my presence—the prisoner had a bunch of keys in her hand, and one of them opened the door.
Prisoner. I met the other girl, and she asked me to go home with her; I thought it was her mother's place; she went up, and unlocked the door, and went in; this little boy came, and she went down; she put the keys into my hand.
(Caroline Edwards, the wife of a brass-founder, gave the prisoner a good character.)
GUILTY .* Aged 16.— Transported for Ten Years.
1901. MORRIS MCCARTHY, WILLIAM M'DONALD , and LUKE THOMAS , were indicted for breaking and entering the shop of Frederick John Fruin, on the 26th of June, at St. Paul, Shadwell, and stealing 2 anvils, value 2l. 5s.; 4 augurs, value 8s.; 6 pairs of tongs, value 6s.; 1 pair of scales, value 6s.; and 1 vice handle and screw, value 10s.; his property.
JOHN FREDERICK FRUIN . I have a smith's shop in New Gravel-lane, Shadwell—no one sleeps there. On Saturday morning, the 12th of June, I left it safe, between eleven and twelve o'clock—I returned between seven and eight in the evening—I found the back door open, and an entry made through the roof—I missed the articles mentioned, and sundry other things—this anvil was lying at the door in a basket, ready to be taken away—I went with the officer, and met M'Donald—the officer told him he had suspicion of him for breaking into the shop, and he said he had not ✗ he place all day.
REGINALD HENRY MESSENGER . I am fourteen years old—I live at New Crane, Shadwell. On the afternoon of the 12th of June, about five o'clock, I was on Dock-hill—I saw M'Donald and Thomas standing at the back of the prosecutor's shop, and I saw M'Donald go in at the back door of the premises—Thomas was then standing at the corner—they had not any thing with them—a policeman came up—M Donald saw him, and they then moved, and went up Dock-hill, with ten or eleven more boys.
M Donald. Q. Do you swear you saw me? A. Yes.
ROBERT SHEFFIELD . I live on Wapping-wall. On that Saturday night I saw M'Carthy and Thomas in the blacksmith's shop, between five and six o'clock—the door was open—they were carrying an anvil towards the back door—I then came away from the shop, and saw M Donald standing
outside—he appeared to be watching—I then went round to the front door, and looked through the key-hole—I saw Thomas and M'Carthy lift the anvil into a basket—the policeman came, and M'Donald went to the shop—I suppose he told the others to come out—they all went away.
Cross-examined by MR. PHILLIPS. Q. Had you known McCarthy before? A. Yes—I had seen him—he was dressed as he is now—he had a hat on.
CHARLES WILLIAM POTTER (police-constable K 212.) I saw the three prisoners about eleven o'clock at night, on the 11th of June, at Wapping-wall—I saw them again on the Saturday, about half-past one o'clock, and I saw them again about three, go down Gravel-lane—I can swear to the other two, but not to Thomas—I then saw M'Donald stand at the corner of a beer-shop, and M'Carthy stood on some stone steps opposite the blacksmith's shop—I staid a quarter of an hour, and watched them—they saw me and went over the bridge—I then saw them come back again.
MR. PHILLIPS called
CAROLINE SULLIVAN . I am the daughter of Philip Sullivan, a coal-whipper. I have known M'Carthy eight or nine years—he has always borne an honest character—I was in his company on that Saturday, from half-past four till nine o'clock, in the Dolphin public-house, in the Back-road—we came from there to his mother, who was sitting with her stall, in Ratcliff-highway—he left me about ten that evening, or a little after—his mother saw us together—she lives in my father's house, but I do not live there.
— M'CARTHY. I am his mother. On that Saturday I was at my stall—I saw Sullivan at my stall, and M'Carthy with her—they came between eight and nine o'clock—Sullivan went away, and my son stopped with me, till he helped me home with my stall—he took the chair I was sitting on and the tressels, at half-past eleven o'clock—he has always been honest.
ROBERT SHEFFIELD re-examined. I am sure I saw M'Carthy and Thomas in the shop—I have no doubt of it whatever—I had seen him a few times, not so often as I had the others—I am sure he was one of the persons.
M'CARTHY— GUILTY of Larceny only. Aged 18.
Confined Three Months.
M'DONALD*— GUILTY of Larceny only. Aged 19.
Transported for Seven Years.
THOMAS*— GUILTY . Aged 18.— Confined One Year.
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY .— Confined One Month.
1903. SOPHIA HEATH was indicted for stealing, on the 1st of June, 1 coat, value 9s.; 2 gowns, value 5s.; and 1 sheet, value 2s.; the goods of David Johnson:— Also, on the 30th of June, 1 coat, value 10s., the goods of James Ridley; to both of which she pleaded
GUILTY . Aged 41.— Confined Six Months.
GUILTY .— Confined Three Months.
1905. EMMA HARRIS was indicted for stealing, on the 21st of June, 3 printed books, value 12s.; 9 waist-ribbons, value 3s.; 3 boxes, value 1s.; 1 buckle, value 6d.; 1 brooch, value 6d.; 1 thimble, value 6d.; 1 pair of clasps, value 6d.; 2 caps, value 6d.; 1 collar, value 3d.; and 1 comb, value 2d.; the goods of George Brant; to which she pleaded
GUILTY . Aged 16.— Confined Three Months.
1906. WILLIAM KING and JOSEPH DAVIS were indicted for that they, being in the dwelling-house of George Wright, at three in the night, on the 29th of June, at St. Luke, did steal therein 6 spoons, value 3l. 14s.; 2 salt-cellars, value 1s.; the goods of George Wright; and that they burglariously did break out of said dwelling-house: and FREDERICK DREW , that he, before the said felony was committed, did incite, move, and procure the said William King and Joseph Davis to do and commit the said felony.
MR. RYLAND conducted the Prosecution.
BENJAMIN ROBERTS (police-sergeant G 1.) At a quarter before four o'clock, on the morning of the 29th of June, I was on duty; in Worship-street, and saw King and Davis—I stopped King, and asked what be had got in his pocket—after fumbling some time, be pulled out one of' these salts—he said he bought it—I searched his pocket, and pulled out the fellow salt—he said he bought that—I saw some salt round it—I then gave him to another officer—I searched Davis, and asked what he bad—he made no answer—I found on him four silver tea-spoons and a salt-spoon, in his jacket pocket—he said be picked them up in the street—he did not say when—I took him towards the station—in going along, I saw him fumbling with his left hand in his trowsers' pocket—I searched him, and found a gravy-spoon and table-spoon, slipping down between his trowsers and his leg—Drew was not in custody when we locked up the other two.
GEORGE WRIGHT . I am an oilman and live in Goswell-street. I slept at home on the night of the 28th of June—I was called up next morning, about seven o'clock—I went down, and found the parlour-door broken open, the lack forced, and the cupboard-door broken open—the parlour-door communicates with the passage—the parlour-door had been safe over night—the cupboard was in the parlour—the chest of drawers were in the parlour—the keys of them were in the cupboard, which they took out—the contents of the drawers were all over the floor—I missed one salt-spoon, four tea-spoons, 2 glass salts, and a gravy-spoon, worth between 3l. and 4l.—the spoons produced bear my initials—I had an iron chest in my parlour—they had got the handle off that, but had not opened it—they got into my cellar, and regaled themselves with wine, and gin-and-water, and burnt an immense quantity of lucifers—I had seen the house all safe at half-put eleven—I did not find any marks of external violence—I think Drew let them in—he had been in my service about a month—my servant is not here who called me up—the outer door was open—she was down before me—my house is in the parish of St. Luke's—I cannot give any information how any one got out—Drew slept in my house occasionally—he did not sleep there that night—I did not see him go away that night—I did not see him after ten—he came the next morning half an hour later than usual—I told him I had been robbed the night before—he appeared confused—after King and Davis were committed I went to Pentonville, and I ascertained that Drew had been repeatedly seen in their company—I gave Drew into custody on the 29th—I told him I suspected he was connected with the two persons who got into my place—he began crying, and said, "I have
known them these three weeks—they hare been bothering me to tell where your property was—I told them you had got it in an iron chest, and likewise the best way to get into your house was through the cellar-flip"—he said he did not let them in—he believed they did get in there.
Cross-examined by MR. BALLANTINE. Q. This property is under 5l. value? A. Yes.
GEORGE FISHER (police-constable G 188.) I have heard what the sergeant said—it is correct—while I was going to the station with Drew, he said he suspected the party was going to get into the house that night—I asked him what party—lie said the two men that were then locked up.
HENRY REDMAN (police-constable G 224.) I examined the premises, and found marks in the parlour—I examined the cellar-flap next morning, and I do not think it had been removed at all—it comes out on the foot-pavement in Wellington-street—this padlock of the cellar door had been wrenched off—I do not think any one got in %from outside—I think they had been let in.
(John Hughes, a green-grocer, gave Davis a good character.)
KING— GUILTY Aged 19.
DAVIS— GUILTY . Aged 21.
Transported for Seven Years.
DREW— NOT GUILTY .
TIMOTHY PERRY . I keep a clothier's shop at Uxbridge. The prisoner came to my shop on the evening of the 25th of May—she said she wanted two or three pairs of boots and shoes for her fellow-servant, at Mr. Clew's, at Iver—she took these things away—I permitted her—I made a memorandum in my book at the time—those that were kept were to be paid for next day, and the others returned.
Cross-examined by MR. BALLANTINE. Q. What did she have? A. Two pairs of leather slippers, and a pair of boots.
NOT GUILTY .
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
JOHN POTTER . I am master of a trading ship to Sydney. I live in Love-lane, East-cheap. Yesterday afternoon, about half-past two o'clock I was in Aldgate, near the pump—I felt some person at my coat-pocket—I turned round, and saw the prisoner there—he had my handkerchief under his coat, and was in the act of putting it into his pocket—I had it safe about three minutes before—I caught the prisoner by the collar, and accused him of stealing my handkerchief—he did not say any thing, but gave it back to me—he said he found it lying in the street—I called the policeman, and gave him into custody with this handkerchief—it is mine.
Prisoner. Q. When you turned, was not I nine yards from you?
A. No—two ladies said they saw you pick it up, but did not see you take it from me.
GUILTY . Aged 20.— Confined Six Months.
DANIEL DOSSETT . I am a builder—I lost the tools mentioned, on the 29th of June—I left them in an unfinished building in Pritchard's-row, Hackney, about ten o'clock in the morning—the shutters were all fastened, and the door bolted and locked—I went again the next morning, and some one had got in at a window—I have never seen my tools since—I do not know the prisoner.
JOSEPH KING . I am a labourer. I was set to watch this house—I saw the prisoner come out of the house with the tools—he went up the street—I did not take him into custody—he was gone before I could get down—I saw the hand-saw, and something else under his jacket.
EDWARD PEACHEY (police-constable N 89.) On Wednesday night, at half-past nine o'clock, I was on duty—King was talking to the prosecutor about these things—he pointed out the prisoner, and I took him—I have not been able to find the tools.
Prisoner's Defence. Last Tuesday I saw the prosecutor's brother come out of the house with the saw under his arm—he said he was going to get it sharpened—he asked me to come with him—I said I could not.
NOT GUILTY .
1911. JOHN MERRICK was indicted for stealing, on the 15th of May, 1 box, value 1s. 6d.; 2 gowns, value 14s.; 2 bed gowns, value 2s.; 2 nightcaps, value 6d.; 2 handkerchiefs, value 6d.; 1 collar, value 6d.; and 1 mug, value 3d.; the goods of Gertrude Parker.
GERTRUDE PARKER . I live in Northampton shire. I came to town in May—I staid about three weeks, and on the 15th of May was going to return to my friends—I was going by the mail—I met the prisoner in the Bull and Month inn—he said he was the porter, and took care of the luggage—I gave him the care of my trunk in consequence of that—I did not go that night, as there was not room—he said he would continue to take care of the trunk till I called for it the next evening—I returned next evening, and he was not to be found—I have seen some of the property—a great deal is lost altogether—my box was corded.
Cross-examined by MR. DOANE. Q. Do you know that the things found are yours? A. Yes, I made them myself, and have examined them—I am single, and am living with my father—I am a dress-maker—these are my own wearing apparel—I went to Northampton shire after this—I have always gone by the name of Gertrude.
JOSEPH HEDINOTON (City police-constable No. 218.) I took the prisoner into custody at the Angel public-house—I searched his lodgings, and found two nightcaps, two handkerchiefs, one collar, one nightgown, and one bag there—part of it was in a band-box on the bed there—he is not a porter at the inn, but plies about there for jobs.
(Charles Seasel, weaver, New Market-street, Bethnal-green; Maria Jacqueman, Barnsbufy-road, Islington; William Matthews, glass-finisher,
Bartholomew-close; and John Dudd, cloth-worker, Trinity-court, Alders—gate-street, gave the prisoner a good character.)
GUILTY . Aged 39.— Transported for Seven Years.
THOMAS BUCK (police-constable T 32.) At a quarter past two o'clock on the morning of the 4th of July, I was on the terrace at Chiswick—I saw prisoner getting over the wall of the prosecutor's premises—I took him into custody—he had this plane—he gave no account of it at all—the other plane was on the wall.
GUILTY .* Aged 19.— Transported for Seven Years.—Convict Ship.
ANN GRIMWOOD . I am the wife of Charles Grimwood, and live in White Bear-yard, Drury-lane. The prisoner came to my house on the 4th of July—he said he wanted a pair of boots of one of my lodgers—the young man not being at home, I refused to let him go into the lodging—he then requested to purchase a pair of boots of me—he tried on several, and decided on one pair, which came to 14s.—he took them away, saying his father would pay for them—I expected his father would pay—he told me, if I went with him, his father would pay me—I went, and on arriving at his father's house in Bennett's-court, Drury-lane, he went up stairs into a room on the first-floor, which was not his father's room, and slammed the door—he then came out, passed me, and said, "If you go into my father's room he will pay you"—I went into that room, but his father did not live there—there were two lads and a girl there—he absconded altogether, with the boots on his person.
TIMOTHY MORIARTY . I am the prisoner's father. I did not authorize him to go for these boots—I knew nothing about it—the woman came on the Sunday to me, and asked if I would pay the money for these boots, which I would not.
JAMES CASSIN . I know the prisoner by his coming to my father's room, in Bennett's-court, Drury-lane, where his father lodges—on Sunday afternoon he asked me to buy a pair of boots of him for 11s.—I would not.
Prisoner's Defence. I bought them of her for 11s., and was to pay 7s., and the rest on Saturday; I offered her 7s., and she would not take it.
GUILTY . Aged 18.— Transported for Seven Years.
JAMES M'NEILL . I am a shoemaker. About eleven o'clock at night, on the 29th of June, I met the prisoner—I had seen her once before—she went home with me—my son came up, and she got under the bed—I laid on the bed, and went to sleep—I slept from twelve o'clock till two—when I awoke my neck-handkerchief was taken off—she took a key out of my pocket with the silver, and opened a box, and took a black silk handkerchief and a shawl—when I awoke she was gone—I missed the money and the things—I had not given her any money at all—I lost two half-crowns and two shillings out of my trowsers' pocket—I had my trowsers on.
Prisoner. Q. If you did not give me the clothes or money, what did you intend giving me? A. Nothing.
NOT GUILTY .
1915. CHARLOTTE STONE was again indicted for stealing, on the 29th of June, 1 shawl, value 6s.; 1 cloak, value 3s. 6d.; 1 gown, value 3s.: 2 handkerchiefs, value 2s. 6d.; and 1 petticoat, value 1s.; the goods of James M'Neill.
JAMES M'NEILL . I and the prisoner wept home, I went to sleep, and when I awoke these things were gone—part of them were in a box—I lost a shawl, a cloak, a gown, two handkerchiefs, and a petticoat—these now produced are my property—they were found by a policeman.
(The prisoner, in a long address, stated that she had gone home with the prosecutor, and that he, being intoxicated, had opened the box and given her the articles.)
GUILTY . Aged 31.— Transported for Seven Years.
OLD COURT.—Thursday, July 8th, 1841.
Second Jury, before Mr. Common Sergeant.
1916. HARRIET HOLLYOME was indicted for feloniously breaking and entering the dwelling-house of William Reddell, on the 16th of June, at St. Mary Matfelon, otherwise Whitechapel, and stealing therein, 1 quilt, value 5s.; 1 shawl, value 5s.; 2 gowns, value 10s.; 2 shifts, value 2s.; 2 bed-gowns, value 2s.; 2 pillow-cases, value 18d.; 2 table-cloths, value 2s.; 1 petticoat, value 1s.; 1 pair of trowsers, value 10d.; 2 habit-shirts, value 1s.; 4 collars, value 9d.; and 5 pairs of stockings, value 9d.; his goods.
MARY ANN REDDELL . I am the wife of William Reddell, of Princes-street, Whitechapel. On the 16th of June, about four o'clock, I left my room, on the first-floor, and locked the door—I was brought home by a neighbour—I found my room-door wide open, and missed the things mentioned
in the indictment—these now produced are part of the property I lost—my husband and I have not lived together for five years—I believe he is alive—I have not seen him these three years.
MARY ANN HAINES . I am the wife of Robert Haynes, of Princes-street, Mile-end. On Wednesday, the 16th of June, I was standing at my door, and saw the prisoner go into the entry of Mrs. Reddell's place, but did not see her come out.
SOPHIA BAILEY . I am the wife of Joseph Bailey, of No. 18, Baker's-road, Whitechapel; the prisoner lodged with me. On Wednesday, the 16th of June, about half-past two o'clock, she came home with a large bundle—she went out again in the evening between six and seven—she had a small parcel then, like this now produced—I saw the gown poking out of it—I believe this is the same bundle.
MAURICE CALNAN . I am a policeman. I took the prisoner into custody—she asked what I wanted—I said, "A robbery was committed at No. 4, Princes-street, on Wednesday last, and you are suspected"—she said, "I was not near the place on that day"—I then took her to No. 18, Baker's-road—she went up stairs before me to the second floor front, and in a room there, in a box, I found this collar—the prosecutrix was with me at the time, and claimed it—the prisoner said, "I have had it by me for years"—I also found four pieces of linen, two pieces of silk, and a shirt, which the prosecutrix identified.
(The prisoner put in a petition, stating that distress had driven her to commit the offence.)
GUILTY .* Aged 37.— Transported for Ten Years.
1917. JOHN CAYTON was indicted for stealing, on the 30th of June, at St. Margaret, Westminster, 1 watch, value 15l.; 2 watch-keys, value 6d.; 1 ring, value 15s.; and 4 boxes, value 10s.; the goods of John Bentall, clerk, in his dwelling-house.
REV. JOHN BENTALL . I am one of the masters of Westminster School, and live in Little Dean-street, Westminster, in the parish of St. Margaret: it is my dwelling-house. On the 30th of June I lost a watch, two watch-keys, a ring, and four boxes—I believe the watch was in the custody of my housekeeper—this is the watch, ring, and keys—(examining them.)
SPENCER LEE . I am shopman to Mr. Walker, a pawnbroker, in High-street, Maryleborie. On the 30th of June, about eight o'clock in the evening, the prisoner came to my shop with this gold watch, and wanted 30s.,—I took it of him, and asked if it was his own—he said, "Yes"—I asked where he got it—he said, of Mr. Savory, of Cornhill, and gave four sovereigns for it—it is not one of Savory's watches, and it is worth twelve or fourteen guineas—I knew it must be untrue, and gave him into custody.
ELEANOR ANDERSON . I am housekeeper to the prosecutor. I know nothing of the prisoner. On Wednesday morning, the 30th of June, I had this watch safe in the watch-pocket of my bed-curtains—I put it there between seven and eight o'clock in the evening, and I know it was safe between ten and eleven—I know of no stranger having been in—our front door is left open for the young gentlemen to come in to school, and any one might have got in—they must have gone up stairs.
Prisoner's Defence. On Wednesday evening last I was drinking at a public-house in Oxford-street; when I came out, a person respectably dressed came out with me. I went towards Marylebone; he was going in that direction. I told him I was going to High-street. He asked if I would pledge the watch for him. I said it was a thing I did not like to do, and asked what he wanted on it; he said, thirty shillings, and I might have the ring if I pledged the watch. I took it to Mr. Walker's. He asked where I got it; I said, "I bought it nine months ago at Savory's, on Cornhill, for four guineas."
GUILTY *. Aged 20.— Confined One Year.
1918. FREDERICK CHESHIRE was indicted for burglariously breaking and entering the dwelling-house of William Aston, about twelve in the night of the 1st of July, at Christchurch, with intent to steal, and stealing therein 1 gown, value 12s.; and 1 shawl, value 2s.; his goods.
JANE ASTON . I am the wife of William Aston, of King-street, Spitalfields, in the parish of Christchurch: it is our dwelling-house. My husband went out on Thursday night, a little before twelve o'clock—he left the key behind him—I ran after him with it, and locked the door—I am sore of that—I returned in about five minutes, and when I was three doors from my window I saw a man jump out of the window, and one out of the passage—I called "Stop thief," ran after them, but could not see any thing of them—I returned again, unlocked my door, went in, and missed my new gown—I went back, but could see nothing of them—I saw a policeman, who called me—this is the gown now produced, and shawl also.
HENRY PRIDGEON . I am a policeman. About twelve o'clock at night I heard the cries of a woman—I met the prisoner running, and stopped him—he had the gown and shawl under his arm—I observed the premises—the shutters had been forced—there was a bolt in the middle of the shatters—they had been pulled open by main force—the loop the bolt goes into was wrenched from the shutters, and the window was open.
Prisoner's Defence. About twelve o'clock at night I was at my brother's, in the Kingsland-road; my brother came and told roe my wife was very bad; as I came under the railway arch, I kicked against this bundle; the policeman stopped me, and asked me, as I was running home, where I was going; I said I was going home to see my wife, who was very poorly; he asked where I came from; I told him.
GUILTY . Aged 24.— Transported for Ten Years.
Before Mr. Baron Alderson.
MESSRS. BODKIN and ESPINASSE conducted the Prosecution.
JOHN JONES . I am a jeweller, and live in Union-street, Hackney-road. On the night of the 26th of June I was in Hackney-road, near St. Thomas's-street, a little after ten o'clock—it was not a very clear night, nor yet very dark—I observed a two-wheeled gig coming towards London, and three persons in it—It was drawn by one horse—the prisoner Bryant was
driving, and Nind was on the left-hand side in the gig—Bryant was in the middle, and a person not present was on his right hand—they were coming at the rate of seven or eight miles an hour—Bryant sometimes sat forward, and sometimes backwards—it was not a very large gig—I saw Nind's hat fall—the gig was pulled up to pick up the hat—somebody walking along picked it up, and gave it to Nind—I was about 200 yards off, on the right-hand side—the gig was going from me—I saw it start again at about the same rate as before.
JURY. Q. What was the distance between the hat and gig when it stopped? A. Three or four yards—they pulled up immediately.
MR. BODKIN. Q. Shortly after they started did you hear a noise? A. My attention was drawn to a shop window at the time of the accident—I heard a noise, looked round, and a boy bad been run over—this was fifty or a hundred yards after they had started after getting the bat—the gig went on after the accident—I ran after it, and found it stopped by Deering, and the same three persons were in it—Bryant said, "Leave go of the horse, for the horse and chaise are mine"—Deering had hold of the horse at the time—they were detained, and taken back to an apothecary's shop, where the boy was carried.
COURT. Q. You saw them then in the shop, were they drunk? A. They were.
Cross-examined by MR. CLARKSON. Q. You are quite sure Bryant was driving? A. Quite—I never saw either of them before—it was not a very clear night, nor very dark, but there was plenty of lamps in the shops round to give a view of what was running along the road—I served seven years to a jeweller—it is six years since I was out of my apprenticeship—I have followed the jewellery ever since—I now work for Perkins, in Gray's-inn-lane, facing Elm-street—he has a manufacturing shop, but not a show shop—I have not always worked for him since my apprenticeship—I was a policeman fourteen or sixteen months—my time expired about three years ago—on the night in question I was coming from Cambridge-heath—I had been taking a walk—I started about eight o'clock—I was coming up the road from nine to ten o'clock—I did not go to Cambridge-heath to see any body—I did not go to a public-house—the fact is, I had no money, if I had I might, have gone—I had no object in going out but to take a walk—I left the police of my own accord—I resigned—I did not send any written resignation—I was suspended while here on the trial of two females convicted of shop-lifting, and after the trial was over Colonel Rowan allowed me to resign—I should not have been turned out—I might have been reinstated, but my father lying dead at the time, I wished to resign—I was reported for being drunk—I only go to public-houses occasionally—that was the only time I was suspended or reprimanded—I believe I had a few reports against me, but they were frivolous—there might have been three or four, or five, during the sixteen or eighteen months, not more—it was merely for talking to persons in the street—I was not reported for any thing worse to my knowledge—I cannot swear it, because it is three years ago—I might have been reported for being drunk once or twice, but not three times—I will swear that.
COURT. Q. You say Bryant was driving—are you sure the man who sat in the middle was driving? A. Yes—I saw them before they came up to me—I was on the right-hand side, and they on the left—I was as near to the gig as I am to your Lordship—there was very little light from the
light of the evening—I cannot say whether there was any apron to the gig, or any thing to cover their legs—when I came up to them, when Deering stopped them, Bryant had the reins and was sitting in the middle.
JAKES REID . I work for Mr. Tweedy, a looking-glass maker, and live in Hackney-road. I knew William Young—I was playing with him that evening—he was fourteen years old, and so am I—we were running across the road playing at touch—I noticed a carrier's cart going towards Hackley—it was not going very fast—it was trotting—we had done playing when the accident happened, and Young ran across the road to go home—the carrier's cart was on the side we were—he ran from behind the cart, and ran directly under the gig horse's head—the horse and chaise were coming towards Shoreditch, meeting the cart—I cannot exactly tell how near it came to the cart—I did not notice how near the nearest wheel of the gig was to the cart—they did not drive so as nearly to touch each other—Young ran direct from behind the cart under the horse's head—I do not think there was room for a horse to go between the gig and the cart—the horse struck out his knee, and that knocked him down backwards—I saw the horse and gig not above three minutes before the accident happened—it was not coming so fast at first as it did after the accident happened—I did not see it stop when the accident happened—I did not see it stopped—it went on after Young was knocked down—it went on a little faster—a boy named Shorey followed the gig—I saw Young picked up, and carried into a doctor's shop.
Cross-examined. Q. Was Young under the horse's knee directly he got from behind the cart? A. Yes—I do not think the people in the gig could have seen that there was any body under the horses knees.
JURY. Q. Did the boy call out before he was knocked down? A. He was knocked down senseless, and could not call out—I hallooed to him when I saw the horse, but do not know whether he heard me.
CHARLES SHOREY . I live in Caroline-street, Hackney-road. I was playing in the road, with Reid and the deceased—I saw a carrier's cart going to Hackney, and a gig coming towards town—Young ran from behind the cart, and was knocked down by the horse—there were three persons in the gig—I saw them—I cannot tell who was driving—the gig went on after he was knocked down, and I ran after it, and told them to stop, for they had run over a boy—they would not stop—I got up to the gig, and told them to stop—I got up behind, and the middle man knocked me backwards—I do not know who he was—I got up behind just going through the Green-gate, forty or fifty yards from where it happened—I was knocked backwards, and when I got up the gig was still going on—I do not know who was driving.
COURT. Q. Which hand did he knock you down with? A. His right hand—he had nothing in his hand, no whip—he moved his hand backwards, and knocked me down—he turned his head round—he told me to get down—I called out loud to them that they had run over a boy.
Cross-examined. Q. How long did you run before you overtook the gig? A. About a minute—I got up to it directly.
COURT. Q. Did they stop for the hat after they had run over the boy? A. Yes.
WILLIAM EMMERTON . I am a waiter, and live in Somerset-buildings, Hackney-road. On this Tuesday night I was in Hackney-road, and saw the gig—three gentlemen were in it—they were driving fast after they passed
the lad—I did not see them before—I saw the lad knocked down—the gig went on much faster—I could not tell who was in it—I took the deceased to a doctor's shop.
JOHN DEERIKG . I am a grocer, and live in Hope-street, Hackney. I was in Hackney-road, and heard a call of "Stop thief,'—I saw about a dozen people standing by the gate, and saw a gig starting from the corner of Union-street—it passed me—I stopped it at Shoreditch church—the boy was knocked down about three hundred yards from the church—three gentlemen were in the gig, the two prisoners, and one who is not here—when I stopped the gig, the one not here was driving—he was sitting on the left-hand side of the chaise, the wrong side for the driver—Bryant told me to let go, that it was his horse and chaise, and he took hold of one of the reins—he seemed to be about half drunk, and Mr. Nind not so bad—I should say the man who was driving was sober.
THOMAS MALIN . I am a policeman. I was on duty in Hackney-road, and saw a horse and gig coming towards me, with three persons in it, who appeared to be drunk—this was after the accident—I cannot say who was driving—I saw Deering overtake the gig, and come up as fast as possible—Bryant appeared very much in liquor—he had hold of one of the reins—I took them into custody.
Cross-examined. Q. You let go of one of them? A. No—he got away—I cannot say whether that was the man who was driving—the boys play very much in the road on my beat—I had attempted to keep the boys out of the road several times during the night, before the accident happened—there are two or three accidents a week there.
Cross-examined. Q. Did not he ask you what he was taken for? A. Yes—Nind said the man had escaped who had done the mischief.
JAMES THOMAS WARE . I am house surgeon at St. Bartholomew's Hospital. Young was brought there on the night of the accident, in a state of insensibility, labouring under an injury of the head—he died on the Monday afterwards, of a fracture of the skull, with an effusion of blood on the brain—if knocked down by a horse and gig, that might happen—the knee of the horse might have produced the fracture, without his being run over—falling heavily on the back of his head would produce the fracture—I should think it doubtful whether the wheel went over his head—there was a graze on the led cheek, but that might be caused by something else.
Cross-examined. Q. Do you know that the prisoners have paid the funeral expenses of the lad? A. I have heard so.
Cross-examined. Q. I believe the friends of the deceased were desirous there should be no prosecution against these gentlemen, if they could have done so? A. Just so—I am authorized by the sister to say so, and also by the parents.
NOT GUILTY .
JAMES WEBB . I am a farmer, and live at Marlow, in Buckinghamshire. On Friday, the 18th of June, about half-past ten o'clock at night, I was coming from Hampton to Marlow alone, in a one-horse chaise—about half a mile from the turnpike beyond Staines, in the public highway, I saw the prisoner Hodges, and another man, whom I cannot recognise, on the footpath—when I was within twenty yards of them, as I drew near to them, Hodges drew near the middle of the road, and made a grasp at my horse's bridle—my horse had ran into a smart pace, and some part of it hit against him, so that he could not get the rein, and I drove on—the other man was standing on the path, and did nothing—when I got about twenty yards further, they hallooed out, "Which is the way to Staines?"—they did not run after me—it was not very dark—I never saw the men before—but I saw him well, his clothes, and dress, and every thing—I noticed him, being fearful of him—he was on the left-hand side of the road—I was on the near side of the gig, and he on die off side—I gave an alarm when I got to the turnpike, to two policemen—I did not go with them—I saw Hodges again on the following Wednesday.
Hodges. Q. Was there any thing remarkable near where we were walking? A. I did not perceive it—there are two roads just beyond the bridge—I met two policemen near the town—I gave my name as Webb of Marlow.
Whatton. Q. What was the reason you did not appear against as the next day? A. I did not know you were apprehended till Tuesday—you were thirty yards off when I first saw you.
PETER O'TOOLE . I am a policeman. I was on duty near Staines, on the 18th of June, and saw the prosecutor come up in a gig, about half-past ten o'clock, at a smart pace—he made a complaint of two men; and gave me a description of them—I told Cooper, and gave him the same description.
Hodges. Q. What name did the prosecutor give you? A. James Webb, of Afarlow.
JOHN COOPER . I am a policeman. I received from O'Toole a description of two people—I was on duty that night at Noel-green, at the bottom of Staines, and met the two prisoners about half a mile from where the gig was stopped, coming on towards Staines, between the turnpike and where the prosecutor described this to have happened—it was about twenty minutes to eleven o'clock—I stood still, and let them pass me—they were talking together—I followed them into Staines, and took them—my sergeant and brother constable came to my assistance—4 took them to the station— the prisoners told different stories there—they were separated—the sergeant took down what they said.
Hodges. Q. Did not we ask you the way to the Three Tons? A. Yes.
EDMUND BURTON . I am a police-sergeant. I was present when the prisoners were examined at the station—Whatton was brought in first—I asked him to give an account of himself, and state what he knew of the other man—he said he knew nothing of him whatever—he afterwards said he had met him at Hampton races that morning, and had been with him ever since Epsom races—that they had been to Ascot together, and slept at Chertsey on Tuesday, the day before Hampton races, and had slept together at Windsor the night before that, that they sold cards and songs at the races, that they had been together, and nobody had passed them on the road—Hodges was brought in, and said he knew nothing of Whatton—he then said he had seen him at Epsom races that day, that they had been together there, and at Hampton races the day before, that he slept with him at Leatherhead
on the night that Whatton said they had slept at Chertsey—they were afterwards both together, and said they had seen a gentleman pass them in a gig at a full gallop, and they asked him the way to Staines—Hodges' jacket appeared to have been recently torn, which might be done by coming in contact with the gig—he said he tore it immediately after the gig passed them, by climbing up a sign-post, on this side of the bridge, to see the way to Staines—Whatton gave the same account of the jacket being torn, saying he lifted him up to the post, and in climbing down he tore his jacket.
Whatton. I told you we came to Chertsey on Monday, then to Leather-head, and afterwards came to the races. Witness. You said nothing about Leatherhead—it was Hodges mentioned Leatherhead—you said you slept at Chertsey.
JAMES WEBB re-examined. There was no sign-post near where I was stopped that I am aware of—there is a bridge further off where there is a turning—I am not aware whether there is a sign-post there or not.
Whatton. Hodges hallooed out, "Which is the way to Staines?" and the horse gave a bit of a move—the Magistrate asked if it was frightened—the prosecutor said, "Yes," and that he gathered up the reins, and gave the horse a bit of a spring.
Hodyes' Defence. We bad been to Hampton races, and had some refreshment as we came along towards Staines, at a public-house about four miles from Staines. I afterwards inquired how far it was, and was told it was three miles. We came to where there are two roads and a finger-post: I asked this young man if he would lift me up to the post, to see the direction. I stood on his shoulder; I slipped down, and that is the way my jacket got torn. I lifted him up afterwards on my shoulders, but he could not make out the words on the post: he said, "Here is a person coming on, ask him;" and I asked the gentleman in a gig. He did not seem to hear me, but drove on fast.
EDMUND BURTON re-examined. I searched the prisoners, and found 3s. 6d. on one of them, a tobacco-box, and a few songs, but no stick or weapon—they had each a knife—Hodges had two common pocket-knives, one without a handle, or a handle without a blade, I do not know which.
Hodges. Q. Did you not tell us we were taken on a charge of assaulting Mr. Mills? A. Yes, and I told the Magistrate that the gentleman gave the name of Mills; but I ascertained, on going to Hampton, it was a mistake.
HODGES*— GUILTY . Aged 31.
WHATTON— GUILTY . Aged 40.
Confined Eighteen Months.
1920. JOHN WOOD was indicted for stealing, on the 16th of June, 2 saws, value 2s.; 1 pair of pliers, value 1s.; 1 chisel, value 1s.; 1 screwdriver, value 6d.; 2 planes, value 2s.; 1 bed-winch, value 1s.; 1 axe, value 1s.; 1 hone, value 1s.; 1 hammer, value 3d.; and 1 basket, value 3d.; the goods of William Evans:— Also 10 carver's tools, value 7s., 1 pair of skates, value 2s. 6d.; 1 knife, value 1s.; and 1 apron, value 6d.; the goods of William Evans the younger:— Also 26 carver's tools, value 8s.; 4 gilder's tools, called crooks, value 3s.; and 4 chisels, value 3s.; the goods of Charles William Nash.—(See page 417.)
WILLIAM EVANS, JUN . I am a carver and gilder, and work at my father's, in Silver-street, Golden-square. At eight o'clock on Wednesday evening, the 16th of June, I left my tools safe—I missed them the following morning at seven o'clock.
Cross-examined by MR. PHILLIPS. Q. You know nothing of the prisoner? A. No.
CHARLES WILLIAM NASH . I live at No. 18, Silver-street, Golden-square, at the same shop as the last witness. I left my tools safe on the 16th of June, Wednesday, 1 think—I left work at eight o'clock—I missed them next morning, about a quarter-past seven, on going to work.
HENRY LONG . I keep a general sale shop in West-street, St. Martin's-lane. On Thursday, the 17th of June, after seven o'clock in the morning, the prisoner, who I knew before, came to my house with these tool sin a basket—I heard him knocking at the door for three-quarters of an hour before I came down, and when I got down I saw it was the man who had sold me some trays—I put my things on, and went down—he asked if I had done any thing with the trays he had sold—I made no a swer, but said I would go and see what o'clock it was—I went on to Seven Dials—I brought a policeman, who went round one way, and I the other; and when I came I found the tools inside the door, and the door put to—in a minute or two afterwards the prisoner came up to the door, and I gave him into custody—I am certain he is the man who brought the tools to my house.
Cross-examined. Q. What day was this? A. The 17th—I did not ask him any question at all—I was a witness yesterday, on a trial respecting the trays—he was acquitted on that charge.
GEORGE BOURNE . I am a policeman. Long came and gave me information on the 17th of June, about half-past seven o'clock in the morning—I went to his house—the prisoner afterwards came to the door, and I took him into custody, and took a basket out of the shop with tools in it—I had the basket in my hand when I took the prisoner—he said he would carry the basket, it being his own property, and said he had bought them at a sale.
(Property produced and sworn to.)
Prisoner's Defence (written.) "About six o'clock, the morning I was taken, I left my lodgings, and went to a public-house to have a dram; while there, I saw a person whom I had been in company with the evening before —another person came in who had been with us the previous evening—this third person asked if I had any money, adding, that he had none. I said I had not much. I knew he was the same trade as myself, a carpenter—he said he must have some money; and if he could not get it in any other way, he must sell some of his tools—he went away, and returned almost immediately with the basket of tools, and asked if I knew where he could sell them. I said I knew Long, who had bought something of the sort before, and would show him where Long lived, or, if he wished, I would take them myself—he said, "If you will give me a crown for them, you can make the best bargain you can with Long." I gave him 4s., being all I had. I went to Long, and was given into custody for the offence I was charged with yesterday. The prosecutor lost a picture, and my wife has received an anonymous letter, stating that I am not the person who committed the robbery, that he himself committed it, and sold me the tools—it states where he sold the picture, which I think ought to be traced."
GUILTY *. Aged 30.— Transported for Seven Years.
1921. ALFRED MORLEY was indicted for burglariously breaking and entering the dwelling-house of James Newton and another, about the hour of twelve in the night of the 27th of May, at St. Sepulchre, with intent to steal, and stealing therein, 2400 pence, and 4800 halfpence, their property; and THOMAS DAVIS, alias Jones , for feloniously inciting him to commit the said burglary.
MR. BODKIN conducted the Prosecution.
JAMES NEWTON . I am in partnership with my father, James Newton, and carry on business, as cork-cutters, in St. John-street, in the parish of St. Sepulchre. About seven o'clock, on the morning of the 27th of May, I was called up by my servants—I went down stairs, and found the front door of the premises, which opens into the street, open—I then went into the parlour behind the shop, on the ground-floor—I found a box that was there had been broken open, and copper money, to the amount of about 20l., taken away—it was done up in five-shilling papers—I also lost a silver pencil-case from an inkstand on the sideboard in the same room—there were marks of a chisel, or instrument of that sort, being applied to the box to force it open—I was the last person up on the premises the night before—the front door was then secured by a lock, a bar, and two bolts—the prisoner Morley was in our service at the time as an errand-boy—the witness Thomas Fisher was my apprentice—neither of them slept on the premises—they left their work at eight o'clock in the evening—they ought to come in the morning at seven—on the morning I discovered this robbery Morley came a little after seven, and Fisher a little after nine—I immediately sent to the police—Inspector Penny came to my house—he asked Morley if he knew any thing of the robbery, as he was suspected—he said no, he was at home and in bed all night—that was before Fisher came to work, I think—I had Fisher and Morley taken into custody that evening, in consequence of a communication made to me by Porter, my foreman—they were taken before the Magistrate—Fisher then said he was at home and in bed, and slept with his father that night—the Magistrate gave him time to produce his father to prove that—he was produced, and examined that afternoon; and on his being examined the Magistrate discharged Fisher—after that, Porter made a statement to me, which led me to Fisher, and he made a statement to me—there is an area-gate in the front of the premises, the key of which hung on a hook over the desk in the front shop—in consequence of Fisher's communication, I and the policeman looked into a hole in the area on the 3rd of June, and there found twelve five-shilling papers of halfpence, similar to those I lost, wrapped up in a towel of which I know nothing—it did not belong to the premises—I looked for the key of the area-gate on the day of the robbery, and found it hanging up in its usual place.
Cross-examined by MR. CLARKSON. Q. How soon after Fisher had been discharged by the Magistrate, in consequence of his father being examined, was he taken into custody again? A. Not till the 8th of June—he had been taken on the night of the 27th of May, and was discharged on the 28th—in the mean time he had been sometimes at work, and sometimes absent—he ought to have been constantly at work—when he was absent it was without my authority—it was on the 3rd of June I had the conversation with him—I said, his past faults had nothing to do with the present, and if he knew any thing about it, it would be best to tell me the whole truth—I did not say "it would be best for him"—I said, if he knew any thing about it, the best way would be for him to tell the whole
truth—I told him he knew I bad been robbed, and if he did not tell me I must seek out the parties—he knew, before he made any disclosure to me, that I was determined to seek out the parties.
Q. I believe you had found him before a very bad boy? A. He had been as good as the rest of them—I cannot say any tiling in praise of him—he was rather a bad boy—I have a very bad lot of them.
CHRISTIAN NEWTON . I am one of the prosecutor's foremen. On the morning of the 27th of May I went to my master's premises about seven or a quarter to seven o'clock—I found the outer door open—there was no one up in the house at that time—I rang the bell, and gave an alarm—a policeman was sent for—when he arrived Morley was sweeping the door—he asked what was the matter—I told him there bad been a robbery committed—he said, "Is that all?"—between eleven and twelve o'clock that morning I saw him in a place called "the burning shed," and he remarked, if he got loose that night from the premises he should not come to work in the morning—I said, "What for?"—he said, because he was suspected of being the thief—he said they had been trying to pump him, but if he knew any thing about it, it was not likely he should tell them—the police had left the house then.
JOHN FINK (police-constable G 47.) I went to the prosecutor's premises about half-past seven or a quarter to eight o'clock, on Thursday evening, the 27th of May, and Morley and Fisher were given into my custody—I told them I took them for robbing their master—they said they knew nothing of it—they were locked up that night, and taken before the Magistrate next day—I told the Magistrate that Morley had been seen near the house about four o'clock the same morning the robbery had been committed—Morley denied it, and said he was at home and in bed—Sergeant Gray was not then present—he came afterwards, and was examined to that fact, and then Morley never said a word—I assisted in taking, from a hole in the area, this towel, containing twelve papers of halfpence.
Cross-examined by MR. PHILLIPS. Q. Was not what you stated, that he had been seen in St. John-street? A. That he had been seen near the house where the robbery was committed, in St. John-street, near his master's house—I mentioned the words "near his master's house"—I said he was seen about four o'clock, the morning the robbery was committed, near his master's house, in St. John-street.
THOMAS FISHER . I shall be nineteen years old next December—I am now lodging with my father, at No. 8, Morton-street, London-street, London-road—I am apprenticed to Messrs. Newton—I had been lodging at my father's for about four or five weeks before the robbery—before that I had been lodging at Mrs. Monroe's, by the side of the Elephant-and-Castle—I do not know the name of the row—the prisoner Morley lodged there at the same time—I know Davis by sight—I saw him first, I believe, at Mrs. Monroe's—I do not believe I had any conversation with him at that time—the next time I saw him was at the Alfred's Head, in the London-road, on the other side of the water, about three weeks before the robbery—Morley was there at the same time—he went away to get a little something for smoking, I believe, leaving Davis and me together—Davis then told me that Morley had spoken to him about some money—I asked him what money—he asked me if I did not know—I said I did not know—we said nothing more to each other that day—I had some conversation with him once or twice after that, up at the shop—twice, I believe—he came
to my master's shop one day, and asked for Morley—I told him I believed he was out—I then left him to go to dinner—that was all that passed that day—I saw him again at the shop about nine days before the robbery—he asked me again for Morley—I cannot positively say whether he was at home then; I believe not—I had no other conversation with Davis then besides his asking if Morley was at home—I had no other conversation with Davig, except when he spoke to me about the money at the Alfred's Head—he did not at any time give me any explanation of what he meant—the day after that conversation with Davis, I asked Morley what money it was that lie had been speaking to Davis about—he said, Davis and some others were going to crack the master's crib—I did not say any more to him that day—next day he told me, if I did not say any thing about it, that I should have 5l.—I made no answer to that—I went away and left him—it was after that that Davis called once or twice, and asked for Morley—about nine days before the robbery Morley asked me, if he gave me down the key, would I open the gate, and I told him "Yes"—it was the small key belonging to the padlock, which was on the area-gate—I received the key from Morley that night, opened the padlock, and left it hanging on the chain, so that any person could get in—I gave the key back to Morley—I saw Morley on the following morning—I do not recollect any conversation passing—I told Morley afterwards that they had not done it that night, and I would have no more to do with it—I said that the day after the gate had been found open, which I believe was on a Thursday—the gate was discovered open by Francis Porter—on the morning before the robbery, (Wednesday the 26th,) Morley told me that he had been een in the street by a policeman, and that he had on him three small keys, a file, and a key which he had been filing, to try to make it fit the padlock—he showed me the filed key in the burning-place, and I pressed the ward off with my thumb, because he should not do it with that—in the evening I saw Morley take the key of the area gate off the hook, after Mr. James Newton had hung a bunch of keys on it—when I left work that evening I went away, in company with Morley and James Beverstock, to a bath in Oakley-street, Westminster-road, to bathe—I did not take any towel with me—I cannot say whether the others did—I parted with Morley at the corner of London-street, about half-past ten o'clock that night—Beverstock had left us before—I told Morley at parting that I hoped he would not do what he was going to do, I should have nothing to do with it myself—I went to my father's house and slept there that night with my brother—I went to my work next morning about a quarter to nine—I saw Morley at my master's—he came down into the workshop where I Was at work—he did not address himself to me, because there were others in the shop—he merely said his master had been robbed—about twelve I saw him in the burning-place—he then told me Davis and he had committed the robbery, that he entered the place by the assistance of the key he had taken away, and undid the padlock, and after he got in he locked the gate after him again—by undoing the padlock he could get to the workshop, as there is a door on the top of the stairs that is not kept locked—a person getting through the area gate could get to the room where the money is kept without breaking any other room—he said he took the bar from the street-door, and placed it against the parlour-door, and then he let Davis in at the front-door—that Davis cut away the box, and carried away 9l., and he carried away 8l.—that they went as far as Farringdon-street, and then
they took a cab and went over the water in it—he also told me he had left the 17l. and the pencil-case with Davis, and that he had left 3l. in a hole in the right-hand side of the area—I told him there it might be, I would not touch it, for I would not have any thing to do with any of the robbery—he told me the money was in 5s. papers, in a towel—I was taken into custody—my father was examined before the Magistrate, and I was discharged—the first person I made any communication to was Porter, the foreman—that was on Tuesday night after I had been taken up on the Thursday—I afterwards made a statement to my master—I had not interfered with the money up to that time.
Cross-examined by MR. PHILLIPS. Q. Did not your master tell you it would be better fur you to tell him all, and that you should not suffer? A. No, nothing of the kind—he told me that it would be the best to tell the troth, for all would be found out—I had not told him a word before that—I was not afraid of being found out, because I did not think that any body knew but myself—I was afraid of myself, but not of that—it was my life I was afraid of—I thought it would be threatened, and it has been threatened since I have been in custody, while the prisoners have been in gaol—I have been in gaol, but not in the same place they were.
Q. Of course you had always been a very industrious boy with your master before this? A. I cannot answer for that—I cannot say whether I attended to my work properly—I went every day to my work—I might have been away one day or so—I have been apprenticed to the prosecutor two years and three months—I never was away when I was in health—it was from illness if I was away—I have been confined to my bed.
Q. Why did you not tell your master of this before he was robbed? A. Because I was afraid, that was the only reason—I bad not the same reason for not telling him afterwards—when I was accused of being present at the robbery, I said I slept with my father that night—that was true—I slept at my father's house that night, and I slept with my father in the same bed with my father and my brother too—my father is here, my brother is not—he is at work, I believe—I slept with my father and brother the night before the robbery—it was on a Wednesday night—I cannot answer for the day of the month, but it was about the 26th or 27th of May—I was in bed before eleven o'clock—my brother was in bed when I went to bed—he is fourteen years old—my father was also in bed—I am quite sure of that—I did not see him go to bed that night—I found him in bed—he was awake, I spoke to him—I cannot tell what I spoke to him about—I have no recollection—it was not a remarkable night with me, no more than usual—I did not consider it so.
Q. Nothing remarkable at all in the planning of your master's robbery? A. I had no planning of it whatever—I knew all about it before it took place—I knew it was going to be done—my reason for pressing the ward of the key off was in order that it should. not be done at all—one of my motives was that it should not be the instrument to open the premises with—it did not signify to me what instrument it was done with—I pressed off the ward that it should not be done at all—I have said it was that it should not be the instrument to open the premises—that was one of my motives, and nothing further that I know—I cannot recollect any conversation I had with my father that night when I went to bed—I cannot say whether my brother was awake—I cannot tell whether he spoke to me,
it is a while ago, and I have had a deal of trouble since—I have been confined in Clerkenwell prison—I suppose they were afraid I should run away—I have not come from Clerkenwell now—I got out last Friday morning—I was kept there about three weeks and four days—my father went out before I did the next morning—I cannot say at what time, for I was asleep—I went out about five minutes before eight o'clock—I did not tell my father to be sure and recollect that I was in bed with him that night, nor any thing of the kind—my brother was not before the magistrate, only my father and mother—my mother is alive or, she was this morning when I came out.
Q. Did she sleep in the bed that night with you also? A. I shall not answer the question—I hope it will not be put to me—I have an inward reason for it.
MR. PHILLIPS. Q. Did she sleep in the house that night? A. Yes, in the same room, and on the same bed—there is but one bed in the room—no one else slept in the bed—I cannot say whether my mother was before the Magistrate, not to be sure of it—she was not to my knowledge—I do not remember—if she was I might have forgotten it—I cannot tell whether she was examined or not—I do not remember seeing her—I was in bed before eleven o'clock on the night of the robbery—I came home about half-past ten.
MR. BODKIN. Q. I believe you were released from prison directly after you were examined before the Magistrate? A. No, I was taken back to the House of Correction till Saturday.
JOSEPH FISHER . I am a cork-cutter, and live at No. 8, Morton-street, London-street, London-road. I remember the morning of the day, in the evening of which my son was taken into custody—I went before the Magistrate on the following morning—the night before that my son slept with me at my house, and passed the whole night there.
Cross-examined by MR. PHILLIPS. Q. What kind of health does your son enjoy? A. Pretty fair, sometimes he is rather poorly, but not very often—we slept in the same bed—he laid at my back the whole of the night—his brother and my wife slept in the same bed—I went to bed first, then his younger brother, and then him—I was awake when he came to bed, and I said, "Thomas, you are rather late this evening"—he said, "It is but half-past ten o'clock"—I said, "You know our time is rather earlier than that,'—but, said he, "It is only half-past ten"—my other son did not say any thing that I noticed, for I am a heavy sleeper at times, and while he was undressing himself I lost myself for a moment or two, but 1 felt him come and lie down at my back—as he came in his younger brother said, "Mind your feet, or else, mind mine, one or the other"—Thomas said, "Lie still, or move further."
Q. You are sure he spoke to him? A. I am not to say positive, but I heard some words pass between them—his younger brother was not asleep when he came to bed—we did not know there was any occasion for him to be here, as I have been examined three times—Thomas went out next morning at eight o'clock, or a very little before—I saw him go out, for I awoke him in the morning when I first got up, about half-past five, and said, "Tom, get up"—he asked me the time—I said, "About half-past five"—he said, "It is too soon for me yet awhile"—I called him again at half-past six when I went out to work, and he said he should get up presently—I then left him there, and as I was returning home to my
breakfast, a few moments before eight, I met him at the street door, and said, "Thomas, you are rather late this morning"—he said, "Then I must run for it, father"—he was awake when I went out at half-past six o'clock—I left him in bed then.
FRANCIS PORTER . I am foreman to the prosecutor. A week or ten days before the robbery I found the area gate unlocked—on the morning the robbery was discovered I saw Morley about nine o'clock—he told me the master had been robbed of about 17l. or 20l.—that was the first I beard of it—at a later part of the day Morley was with me in the burning place—the inspector came while we were together, and Morley was called out of the place—he came hack to me, and said, "There are no locks broken, they can't give me above three months"—at another part of the day Mr. Charles Newton called him out, and they had some conversation together—he returned to me, and told me that Charles had not got a b—y child to deal with; that his b—y fiddling was of no use to him, for he would get nothing out of him, for he knew nothing of it—that was all that passed between us—on Whit Tuesday eve, the Tuesday after the robbery, Thomas Fisher made a communication to me relative to this matter—at that time he was not in custody—I communicated that statement to Mr. Newton, and went in consequence of it, in company with Henry Richardson, an errand-boy to the prosecutor's, to look after the prisoner Davis—I had received a description of him from Fisher, and Richardson knew him—we searched for him every night from Tuesday, but did not find him till the Friday week following, (the 11th of June)—I then saw him in the Walworth-road—he was walking in the same direction as Richardson and I—he walked on ahead of us till he came to a pork-shop at the corner of Prospect-row—I desired Richardson to go in there, and get something to eat, which he did, and when he came out Davis was standing looking in at the window of the pork-shop—he then had the opportunity of teeing Richardson—I do not believe he saw us before—when Richardson came out Davis went to the door of the pork-shop, retreated to the next door, bought a penny loaf, returned back, and went down Prospect-row at a quick pace—I followed and overtook him—he looked round once—I gave him into the custody of a policeman who came up—the policeman told him it was for a robbery at Mr. Newton's, of St. John-street—he said he knew nothing of it, that he had just left his employer's, in Doddington-grove, and he would he able to prove he was innocent—we went to the station—he was asked there where he lived—he said—
Cross-examined by MR. CLARKSON. Q. Did the inspector take down in writing what he said? A. I believe he did.
Cross-examined by MR. PHILLIPS. Q. Have you told us all the conversation you had with Morley at the burning place? A. I have, to the best of my recollection—the first thing he said was, they could not give him above three months, for there were no locks broken—I believe that was the first thing—that was before this conversation with Mr. Charles Newton—I think he made use of the words "Here is a pretty go, I am inspected, but I know nothing whatever of this robbery," but I cannot challenge my memory to it—to the best of my knowledge he did—I think lie said that before he said they could only give him three months—I think he said it immediately on his return from the inspector—he was taken into custody between seven and eight o'clock the same evening—this conversation was about one, I should say—he was at liberty from one till eight
o'clock, so far as this, that every time he went out Mr. Charles Newton or some one was looking after him, and he was aware of it—he told me so, and likewise Mr. Charles Newton—he did not go home—he had to attend on me—he went to the coffee-shop, and was followed by Mr. Charles Newton —he is not here.
WILLIAM GRAY (police-sergeant G 12.) About four o'clock in the morning of the 27th of May I was in the neighbourhood of St. John-street, Smithfield, and saw the prisoner Morley there—I have since measured the distance he was from the prosecutor's premises, and it is just seventy-three yards—I asked what brought him out at that time in the morning—he said he was going to work—I asked where he worked—he said, at Mr. Newton's—I remarked to him that I knew Mr. Newton—he said, "You know me, don't you, aren't you the person that bought some cork soles of us?"—I told him I was not—I was satisfied, and let him pass on—I did not know him before—he was coming from a northerly direction towards Mr. Newton's house—I have not the least doubt of his being the person—I was examined about this on the following day before the Magistrate.
COURT. Q. Where was your beat the day before? A. In the same neighbourhood, but I was not on a regular beat—I am sergeant of the section, and have charge of twelve men—I did not see Morley the day before, nor ever in my life—I inquired of my men whether they saw him the day before.
HENRY RICHARDSON . I am an errand-boy in the prosecutor's service. I know Morley by working with him, and Davis by seeing him about the shop—I have seen him three times—three weeks before the robbery I saw him speak to Fisher—I saw him again, a week after, speaking to Morley, about a dozen doors from my master's premises—I was waiting for them at the time—on the Saturday before the robbery I saw him in St. John's-lane—he crossed over to where Morley and I were walking, called him on one side, and had some conversation with him, which I could not hear—they stopped for about a minute, and then walked on together—I was behind them—after the robbery I went with Porter to look after Davis.
JAMES BEVERSTOCK . I am apprenticed to Messrs. Newton. On the evening before the robbery I left work at eight o'clock, and went with Fisher and Morley to a bath in Oakley-street—Morley had a towel there—I went to the premises next morning about half-past seven—Morley came with me—he said nothing to me about this.
Cross-examined by MR. PHILLIPS. Q. Did not he tell you there had been a robbery committed, and that his master had been robbed of 20l.? A. Yes, about ten minutes after we got to the shop.
MR. PHILLIPS to JAMES NEWTON. Q. Your father is the proprietor of this concern? A. He is in partnership with me—sometimes one hires the boys, and sometimes the other—he hired Morley—I believe he had a character with him—he has been in our service twelve or fifteen months, and Fisher about two years and a half.
COURT. Q. When was it you found the money in the towel? A. I think, on the 2nd of June—my conversation with Fisher was on the 3rd—I found it in consequence of a conversation he had previously with Porter
—we went to the coffee-shop where Morley lived, but found no packets, there.
(Richard Glover, a cork-cutter, of No. 3, Horsemonger-lane, gave Morley a good character.)
MORLEY*— GUILTY . Aged 18.— Transported for Fifteen Years.
DAVIS— NOT GUILTY .
NEW COURT.—Thursday, July 8th 1841.
Sixth Jury, before Mr. Recorder.
1922. JACOB MELVILLE was indicted for stealing, on the 6th of July, 2 gowns, value 1s.; 1 bed-gown, value 1s. 6d.; 1 shawl, value 8s.; and 1 table-cloth, value 1s. 6d.; the goods of George Sadgrove; and that be had been before convicted of felony.
GEORGE SADGROVE . I am a cabinet-maker, living in Brown Bearalley, East Smithfield. I came down at sue o'clock in the morning of the 6th of July, and found the kitchen-door locked—I had left it locked when I went to bed, but the key had been taken from the outside and put inside—I attempted to force the door—I and another man lodger forced the door right off the hinges, and the prisoner rushed out of the room—before we forced the door he said, "What do you want here? I have got what I want; I will bring a file of soldiers to you"—he had no business there—I found all the drawers ransacked, the things turned out, and a bundle of clothes tied up with a piece of tape, a sort of strong net like, on the floor, and every thing in the place ransacked; and the tongs laid there, as if they were for his own defence, to attack any body; there was some bread and meat which must have been taken out of the cupboard by him, and in stopping to eat it he was detected—he left a cap and a sailor's jacket belonging to himself—the articles now produced are mine.
Prisoner. I was there at four o'clock in the morning; there was no one in the place. Witness. One of my lodgers was out late, and came home at four in the morning—the outside door was left open.
SARAH SADGROVE . I am the prosecutor's wife. This shawl is my servant's, Mary Kilts—the gowns and table-cloth are mine—the shawl was hanging behind the door, the table-cloth was among the dirty linen, and the bed-gown was hanging on a line to dry; all my children's things were tamed out of the drawers.
Prisoner. I was beaten. Witness. He came and rushed into the house again; and one of our young men took up the tongs.
JAMES WALKER (police-constable H 168.) I was called to the house, and I saw the prisoner in the evening of that day at the corner of Brown Bear-alley—I told him he was charged with felony—the prosecutor came forward and gave him in charge—the prisoner said he merely wanted his jacket and cap that had been left behind—these clothes were lying in the kitchen, tied round with a string—I found a cap and jacket there.
Prisoner's Defence. I had slept there two nights; I was looking for two chaps; I said, if they would wait, I would open the door, but they kicked the door right at the top of my face; I took up the tongs, and they took them from me; I did not want these things; I have got a ship, and will go to sea.
at Clerkenwell—I was present at the trial of the prisoner in May last—he is the person described in this certificate—(read.)
GUILTY .— Confined Six Months.
HARRIET GATHERWOOD . I live with my brother, Dr. Alfred Cather-wood, in Charles-square, Hoxton, in the county of Middlesex. The prisoner was in his service as housemaid—on the 15th of June a fire broke out in my bed-room, and in consequence of something that occurred, I sent for the policeman—the prisoner's box was searched, (she was to have left the next day,) and some things were found.
CHARLES JUTSUM . I am in the service of Mr. Bath, a pawnbroker, in Goswell-street. On the 16th of April these two sheets and table-cloth were pledged with me, in the evening, by a woman, but I cannot swear to the party who pledged them—she was in the last box, and it was very dark—they were pawned in the name of Ann Carter, of Crown-court—I have no belief or recollection of the person.
Q. Then if you have ever said you believed it was the prisoner you can-not adhere to that? A. No—I cannot say she is the person—on the 20th of May a female came again in the name of Ann Carter—I cannot swear that it was the same female who pawned them—I have no belief on that subject.
Q. If you have ever said it was the same female, was that true? A. I never said it was the same female, my Lord—this is my signature to this deposition—(looking at it)—it was read over to me—I signed it, and I was sworn—I said then I could not positively swear to her.
Q. Do you mean, on the solemn oath you have taken, to say that you have no belief whether the prisoner is the person who came on both these occasions? A. No, I have no belief—she may be the same person, but I cannot positively swear to her—I do not believe she is the person—I did not see her half a minute at a time—I asked the female who pawned these things if they were her own property—she said her father had given them to her—I cannot recollect the exact words she used, as I was not by her at the time—I was two yards off—she said her father gave them to her, either on the day of her marriage or at his death—this now produced is the duplicate of the articles.
Cross-examined by MR. BODKIN. Q. How long a time elapsed between the pawning and your being asked about the person? A. Something like two months—our shop is a place of great business in an evening.
HENRY DUBOIS (police-sergeant N 14.) On the night of the 15th of June I was called to Dr. Catherwood's, in consequence of a fire that occurred in the house—I suggested that the prisoner's box should be searched—the prisoner was called, and I told her I intended to search her box—I got the key from her, and went into the room—she pointed out the box to me, and I unlocked it in her presence—I round a variety of articles in it, and some duplicates, one of which relates to this pair of sheets and table cloth—I examined a band-box, and found in it a carpenter's gouge—by the prisoner's request, I tried her fellow-servant's key, and that opened the prisoner's box also.
Cross-examined. Q. What time did the fire occur? A. About a quarter before eleven o'clock in the evening—it was in my own bed-room—the prisoner broke into the room, and was very active in alarming me, and putting out the fire—she had been in the service nearly three months—I had a good character with her from where she had lived seventeen months —we had another female servant, Sarah Sutton—she did not suggest that any suspicion attached to the prisoner—my cousin sent for the policeman.
COURT. Q. How long have you reason to think the fire must have been burning when your attention was called to it? A. I should think half an hour—the prisoner informed her fellow-servant of it—the door of my room had been kept locked for the last three weeks that the prisoner had been in the service, and I had possession of the key—there were two other ways of getting to that room, through the prisoner's room, and from the staircase, but 1 had bolted the other two doors—how any body could have got into the room is involved in mystery—I had been in the room an boor before—I had left no fire in the room—I had had a candle, but it was oot near the bed—the fire was burning in the mattress of the bed—I did not miss any thing from that room—I did not notice whether the other two doors which led into the room were bolted.
MR. BODKIN. Q. I believe the prisoner was not on very good terms with the other servant, was she? A. Not very good terms.
SARAH SUTTON (examined by MR. BODKIN.) Q. Were you and your fellow-servant, the prisoner, on very good terms? A. Yes, sir, very good—we had not the least difference, we were quite friendly—I went into the country for two months, and she took my place—I was not aware that I had a key that opened her box—I was taken ill after I returned from the country, and she asked me to lend her my keys; and I lent her them—I thought she had a lock made to her box—I did not mention to any one about the prisoner's box—I was not present when the conversation took place between Dr. Catherwood and the police-sergeant—the prisoner was going to leave the next day, and as they bad missed little things they thought she might not be honest.
MR. BODKIN to HENRY WILLIAM DUBOIS. Q. What induced you to look into the prisoner's box? A. Something Dr. Catherwood said to me—I had no conversation with Sutton, except about the fire—after I had searched the prisoner's box I said I would search Button's box—there is a door communicating from the servants' room to Miss Catherwood's, and I found that door unbolted and unlocked, and the outer door of the servants' room was open—any person from below might have got to the servants' room, and from there to Miss Catherwood's.
Cross-examined. Q. What do you mean by saying you never saw her at your shop—you said you had no recollection of who the person was who pawned the things? A. No, I have not—I have never seen Sutton before, to my recollection—I have no more recollection of her being the person who pawned them, than the prisoner.
Prisoner. My fellow-servant was ill, and I lost the key of my drawer down stairs—I had a sovereign from my master every morning, I used to put my money in there, and my fellow-servant said, "Take the key of my drawer, and keep the money in that."
COURT to SARAH SUTTON. Q. How came the prisoner in possession
of any of your keys? A. After I returned from the country I was taken ill, and she said until she had a key to her drawer would I lend her mine and I did—at the time these things were pawned I was in the country—I went on the 27th of March, and returned on the 22nd of May.
GUILTY . Aged 22.
1924. HANNAH TILY was again indicted for stealing, on the 30th of April, 6 yards of silk, value 15s.; 28 yards of lace, value 2l. 16;s. feathers, value 10s.; 1 girdle, value 3s.; 1 petticoat, value 5s.; 2 toilet covers, value 4s.; 6 handkerchiefs, value 13s.; 3 collars, value 4s.; 1 shift, value 8s.; 14 pairs of stockings, value 1l. 14s.; 1 table-cloth, value 2s.; 2 sleeves, value 2s.; 1 scarf, value 1l. 10s.; 3 shawls, value 2l. 5s.; and 2 yards of muslin, value 2s.; the goods of Harriet Catherwood:—1 pair of gloves, value 1s.; 2 pairs of stockings, value 5s.; 3 handkerchiefs, value 6s.; and 1 shirt, value 10s.; the goods of James Catherwood: and 1 shirt, value 10s., the goods of Alfred Catherwood, her master.
HARRIET CATHERWOOD . I live with my brother, Dr. Alfred Cather-wood, in Charles-square—the prisoner was in his service as housemaid. On the 15th of June a fire took place in my bed-room—an officer was sent for, and the prisoner's box was searched—she was going to leave on the following day—on opening her box I saw some articles belonging to me, which the police-sergeant has possession of—there was this silk and lace, feathers, and other things of mine—some articles of my brother's, James Catherwood, and a sheet belonging to Dr. Alfred Catherwood—I had not missed these articles—they had been deposited in different drawers in the house, which were always kept locked—when these articles were found I said they belonged to me—this scarf produced by the pawnbroker is worth 30s.—4s. is a very small sum to lend on it—I found a skeleton-key in my room on the morning after the fire—the sergeant applied the key to the drawers in the house, and it opened nearly every drawer—this is the key—(producing it)—I found it on an ornamental flower-jar on the drawers in my room—this key differs considerably from the keys of my drawers—it opened nearly every drawer in the house.
Cross-examined by MR. BODKIN. Q. Did you observe any thing remarkable in the demeanor of this girl, to induce you to believe she was not right in her head? A. No, I never observed any thing peculiar about her—I know when she was taken into custody a razor was found in her bosom.
HENRY WILLIAM DUBOIS (police-sergeant N 14.) I was called in to Dr. Catherwood's on the night of the fire—I searched the prisoner's box—I gave her notice that I intended to search it, and after some hesitation she gave me a key—she showed me to her room, which adjoins Miss Catherwood's, and pointed out a new deal box, which was not painted—unlocked it in her presence—I drew out a great many articles belonging to herself, and then a great many things belonging to Miss Catherwood and
her brothers—the prisoner left the room twice, and I ordered her to be brought back—I would not search the box without her being present—I took her into custody—I found in her bosom a razor, which she had taken from the Doctor's room—I took it from her, and told her it would not do for me, I was too well used to such things—she then fainted away—I took her to the station—I found in her box two duplicates—one of them was of this scarf pawned at Mr. Bath's, for 4s.—I examined a bandbox, and found in it a carpenter's gouge, and some dirty things—the prisoner desired me to try the other servant's keys to her box, and I found one key which would open the prisoner's box, but the prisoner's key was rather too large to open the other servant's box—as I was going to the station with the prisoner, she said, "I own I put part of the things there, sod the other servant must have put the other part"—I tried this key which Miss Catherwood gave me, and I found it opened about twenty drawers, besides cupboards—it is a most extraordinary key, it opened and locked them easily.
GUILTY . Aged 22.— Transported for Seven Tears.
1925. JOHN HENRY LEE and JOHN BEASELY were indicted for stealing, on the 7th of June, 1 cwt. of iron, value 3s.;.; 3,806 bricks, value 4l. 5s.; 300 tiles, value 15s.; 19 wooden rafters, value 12s.; and 5 pieces of wood, value 3s.; the goods of John Well, and fixed to a certain building.
(MR. BODKIN, on the part of the Prosecution, declined offering any evidence.)
NOT GUILTY .
NOT GUILTY .
GUILTY of a Common Assault. Aged 18.— Confined Six Months.
1928. JOHN HARRIS was indicted for breaking and entering the dwelling-house of Thomas Courtenay, on the 25th of June, at St. Paul, Shadwell, and stealing 2 jackets, value 3l.; 1 coat, value 2l.; 2 pairs of trowsers, value 8l.; 3 waistcoats, value 2l.; 1 watch, value 1l.; and 1 handkerchief, value 2s.; the goods of the said Thomas Courtenay.
THOMAS COURTENAY . I live in Monmouth-street, Shad well-market, in the parish of St. Paul, Shadwell, I keep the house. On the 25th of June, I left the house about a quarter or ten minutes before twelve o'clock—I heard of something, and went home—I found the front-door open, which I had left shut—I found the drawers, in my front-room up stairs, open, and the clothes which they contained taken away—I missed two jackets, a coat, and the other things stated in this indictment—I gave information to the police—I have since seen this handkerchief, (looking at it) which I know to be mine by a mark on it—I left the back-window open which looks into the yard—that was quite sufficient for a person to get in—the door of the room where these things were was shut—my house is inclosed at the back—the things I lost were worth about 11l.
MARY ANN BATT . I am single, and live in Peel-alley. I saw the prisoner on the 25th of June—he came from Mr. Courtenay's door about a quarter-past one o'clock—another person who was with him had a bundle, and the prisoner pushed him on—and when they got to the end of the street, they ran fast—they were on the step of the door when 1 first saw them—the door was open when I went to see.
WILLIAM NICOL (police-constable K 177.) I took the prisoner in Ratcliff-highway, on the 29th of June—I told him I suspected he was a party who had broken into Mr. Courtenay's house, in Shadwell-murket—I sent for Batt, and she identified him—I found this handkerchief on his neck.
Prisoner's Defence. I informed the officer where I bought the handkerchief—he has not been about it—he said it was my duty, not his.
GUILTY .* Aged 20.— Transported for Ten Years.
Before Mr. Common Sergeant.
GUILTY .— Confined One Month.
Before Mr. Recorder.
WILLIAM WIGGINS . I am a grocer, and live at Woodford. I had three heifers, which I kept on Epping Forest—I missed them at the latter end of May, or early in June—I had seen them last on the Queen's birthday, which, I think, was the 24th of May—it was on a Monday—I live on the Forest, next door to Mr. Rounding—they were opposite his house—on the 3rd of June I saw three heifers in possession of a policeman at Ilford—they are what I lost—I valued them at 15l., but I think them worth more—they are well worth 5l. a piece.
WILLIAM WILKS . I am a blacksmith, and live at Loughton. On Tuesday night, the 25th of May, about half-past ten o'clock, I saw the prisoner in conversation with Mrs. Vichel, inquiring the way to Romford—Vichel is a baker, and lives next door to me, at the bottom of Goldham's-hill—she Mrs. could not direct him, and asked me to do so—I told him the way to Romford—he went on four or five rods in that direction, then returned, running, exclaiming as he passed me, "I have left my things"—he came back in a minute or two with three heifers—I suspected something, and went to tell Richard Fuller my suspicions—I did not find Fuller at home, and told the ostler—he told me to go to the station, and as I went I met Arthur Talmage—I told him my suspicions, and we went together on the road to Romford about a quarter of a mile, and met the prisoner returning with the three heifers—I asked him where he was going— he said, to Abridge, which is about three miles from Loughton—we followed him with the heifers—he drove them on the road to the Plume of Feathers public-house, and there I gave him into custody with the heifers.
Cross-examined by MR. LUCAS. Q. He went back with you? A. Yes,
—I called for a pint of beer, and asked him to drink—we stopped there nearly half an hour before the policeman came—I kept close to the prisoner—he did not attempt to get away.
JOHN EDWARDS (police-constable H 115.) On the night of the 25th of May I was near the Plume of Feathers, and took the prisoner into custody, and secured the heifers—Wilks told me he bad stopped him with three heifers which he thought were stolen—the prisoner said they were bit property, that he bad purchased them of a Mr. William Smith that day at Waltham Abbey market—he said Smith was a jobber living at Little Adam, in Hertfordshire—I found on him two knives, a leather purse, and a new hempen halter—he said he lived at Cheshunt, and rented a cottage there with four acres of land attached, and gave the name of Alfred Rix—I asked him what detained him so long coming from Waltham market to Lough ton, it being only four miles—he said he had stopped at a beer-shop for two hours on the road from Waltham to Lough ton—there is but one beer-shop on that road—he said he had purchased some bread and cheese there—I went there and made inquiry there—I did not take him there.
JAMES AYTON . I am sergeant of police at Loughton. On the night of the 25th of May the prisoner was brought to the house used as a station, in the custody of Edwards—I saw him searched, and two clasp-knives, one baiter, a leather purse, and a piece of cloth found on him—I asked how he came by the heifers—he said he was going to Romford market with them, and he had bought them at Waltham Abbey market, for 18l. 10s., of a William Smith—the heifers were shown to Wiggins—I made inquiry at Chingford about them—they are now at Ilford station—I did not inquire where the prisoner described himself as living.
Cross-examined by MR. LUCAS. Q. What do you know them by? have you any marks about them? A. Not particularly—there were no others turned out like them—I bred and weaned them—I had seen them daily for twelve months—they have the Forest mark on them—I know them to be my cattle—they are very peculiar, and their tails were cut square—I have had them from fifteen to eighteen months—there is one brown and white, and one nearly black and red.
(Reuben Nye, of Thomas-street, Hackney-road; and John Living, of Victoria-place, Bethnal-green; deposed to the prisoner's good character, and stated that he lived in Thomas-street, Hackney.)
GUILTY . Aged 55.— Transported for Ten Years.
Before Mr. Common Sergeant.
WILLIAM THOMAS CHITTENDEN . I keep a beer-shop, at Woolwich. On Tuesday the 18th of June, I saw my candlestick safe about eight o'clock in the morning, and missed it about seven on the 19th—that now produced is it—the prisoner was there that day.
Prisoner's Defence. I was at Mr. Chittenden's on the 18th, and had two half-pints of beer, I was backwards and forwards there between then and the time he gave me in charge—I did not pawn the candlestick.
NOT GUILTY .
MARY HIGMAN . I am a widow, and live in High-street, Woolwich. I had my flat iron safe on the afternoon of the 23rd of June—I did not miss it till the 24th, when the policeman brought it—I know it by two marks—the prisoner was in our house on the 22nd and 23rd.
Prisoner. 1 acknowledge taking the iron; I have a wife afflicted with blindness, and two small children, and was out of employ, or I should not have done it.
GUILTY . Aged 29.— Confined Three Months.
WILLIAM CLAY (police-constable K 278.) About four o'clock in the afternoon of the 21st of June, I was opposite the Dock-gate at Woolwich, and saw the prisoner attempt several persons' pockets—at last I saw him take a handkerchief out of a man's pocket, and put it into his own pocket—there was such a quantity of people I could not speak to the gentleman, and before I could well secure him I saw him draw another handkerchief out of another person's pocket—I could not find the owner of the first handkerchief—I asked the prisoner, when I found it on him, if there was any mark on it, and he said, "No"—I found two handkerchiefs in his hat.
Prisoner. I did not take it.
JAMES HAINES . I am a policeman. I was on duty, and saw the prisoner attempt the pockets of several persons, without getting any thing—at last I saw him take the handkerchief produced out of a gentleman's coat pocket—he opened the pocket with his left hand, and put his right hand in—I tried to get hold of the gentleman, and I sent another policeman after him, but the crowd was so great I could not.
(The prisoner received a good character.)
GUILTY .† Aged 21.— Confined Six Months.
Before Lord Chief Baron Abinger.
MESSRS. ADOLPHUS, DOANE, and BALLANTINE conducted the Prosecution.
JOHN CONDUIT . I am a gunner and driver in the eighth battalion of Artillery, at Woolwich. On the 14th of June, in the evening, I was in the Barrack-yard, washing some tables—I could see the window of the room No. 64—I saw John Grice at the window of that room—he was leaning on a small desk on the window board, writing—I saw the flash of a musket, and heard the report, and immediately after heard him cry out, "I am shot"—I immediately ran up the steps, and down the stairs, and went to the room where he was, No. 64—I saw John Grice, the bombardier, leaning on the window cill—he had not fallen on the floor—the prisoner came forward, and said, "I am the man who shot him"—Grice was bleeding, and was wounded—I saw the blood—I did not see the prisoner at first—he came as it were from behind the door—any body might bare left the room and run up the stairs before I got there—the prisoner had nothing in his hand—there were twelve beds in the room, six on each side—they were turned up—the bedsteads turn up—I cannot say who came in after me—I saw a cartridge burning under Grice's face, it was the paper out of the musket—Grice was carried away, and the prisoner given into custody—I went out of the room into the yard, and shortly after returned into the room, looked behind the door, and saw a musket standing against the wall—I did not examine it then, I did a few minutes afterwards, and it appeared as if it had been recently fired—I was near enough to the deceased to have heard him speak if lie had been speaking before the flash—I was four or five yards from the window.
COURT. Q. As far as you are from this bench? A. It might be a little farther.
MR. DOANE. Q. Did you hear any words pass from the deceased, or from any body to him? A. No, I did not.
Cross-examined by MR. CLARKSON. Q. Was the prisoner a man who had what was called the "stripe" on his arm? A. He has a stripe on his arm, which is a mark for good conduct—I cannot say whether he was about to have another in the course of the week—I do not know whether he bore the reputation of being a good soldier—I do not know bow long he has served in the Artillery—if there had been any quarrelling or disturbance I must have heard it.
WILLIAM COPELAND . I am drummer in the 6th battalion of Artillery, stationed at Woolwich. I bad known the deceased about a month—his name was John Grice—on the evening of the 14th of June I went to the barrack-room No. 64, a few minutes before eight o'clock—I saw John Grice, in that room, and also the prisoner—Grice was writing at the window cill—the prisoner was cleaning his pouch on his bed—there were several beds there—I do not know how far his bed was from the window cill—the prisoner had a cut on his face, and appeared to be intoxicated—there was some blood on his face—I asked him if he was for guard next day—he said, "Oh yes"—he then left the room, and went into the back-yard—you have to go up stairs, then down some steps, to get into it—the room No. 64 is below the surface of the ground—I left the room in the course of a few minutes, leaving Grice still at the window cill—I went into the necessary—I had to pass through the back-yard to get there, and saw the prisoner walking up and down the yard, shaking his head in a manner which struck me as peculiar—I had never observed the same manner before—I did not remain in the privy above three or four minutes—while I was in there I
heard the report of a gun—I directly ran towards the window of No. 64—I got near enough to hear what was passing inside—I heard John Grice say, "Oh, I am shot, I am shot," and heard the prisoner say, "I am the man who did it, I acknowledge to it"—I went to the sergeant of the guard, and gave him information—I did not go into the room.
Cross-examined. Q. I suppose, in your capacity in the regiment, you are never put on guard? A. Yes—it is usual, when men are on convictguard, to have their arms loaded, but when they come off guard they have then unloaded again.
COURT. Q. Did you know the deceased before? A. Yes—the prisoner and he were acquainted—they had no words in the barrack-room.
MR. ADOLPHUS. Q. Do you, in fact, know whether the prisoner had been on convict-guard that day? A. No—I believe he had not—I believe he was for guard the next day.
RICHARD CAREY . On the day in question I went into the barrack-room No. 64, and met Grice being carried out at the gate—I then went into the room, and found a firelock, which felt to me to be a little warm—I put my finger down the barrel, and it came out black—I felt convinced it had been fired off lately—I found a pouch lying on the bed—I examined it, and found one bundle of ammunition deficient—a bundle is five cartridges—every man generally carries two bundles—there was only one bundle, and I found a bundle broken on the bed, and one cartridge gone out of it.
Cross-examined. Q. Do you know the prisoner at all? A. Not particularly —he had come from Malta about a month—the regiment had been in Malta nearly thirteen years—Grice had also been at Malta—I do not know that I ever saw him—he must have been an old soldier, having been in Malta eight or nine years, I believe—the prisoner has been in the regiment between fifteen and sixteen years—from what I have heard, I before Grice was very much beloved in the regiment.
JAMES BRADE . I am a company-sergeant of the Artillery. I knew the deceased Grice well—he was about thirty-two years old—we had lately returned from Malta—two or three days after we arrived there were tea rounds of ammunition given to each man—there had been no occasion to use any ammunition, not to fire off any "of the guns—I should have known if there had—I do not know how long before this the prisoner had been on convict-guard—on the 14th of June, the day Grice was shot, I went into the room No. 64, and saw a musket in the guard-room, after it was taken there—it belonged to the prisoner—that now produced is it—there is a number on it, which enables me to say it belongs to the prisoner—the prisoner ought, according to the military regulations of the regiment, to have all his ten rounds of cartridge—they would be kept in his pouch—I saw a pouch on his bed—I examined it, and found one bundle broken open, and one ball-cartridge missing.
Cross-examined. Q. I believe you do not know to whom the pouch and the cartridge belonged? A. It was on the prisoner's bed—I do not know to whom it belonged.
COURT. Q. Is it usual, when men go on convict-guard, to have their pieces loaded? A. Yes—they go on convict-duty early in the morning—I cannot say when the prisoner had been on convict-guard—I do not know myself that he had been so since he came from Malta—if he was going on convict-guard, it would be his duty to have his musket loaded, but be
would have got that ammunition from the quarter-master, served out in the morning—he should not take it from hit pouch.
WILLIAM PORTERFIELD . I am sergeant-major of the sixth battalion of Artillery, at Woolwich. I was directed to put handcuffs on the prisoner on the 14th of June, a short time after eight o'clock in the evening—he was at that time in a cell—I went there, and said, "I must put the handcuffs on you—he folded up the sleeves of his jacket, and prepared his bands so that I might do it with convenience—after I had finished putting them on, he said, "I have been a good soldier up to the present day, hot now I am a murderer"—I had not said any thing to him, or asked him any questions; I only said I must put the handcuffs on him—he said he had been vexed, and irritated, and maddened—I said, "What vexed and maddened you? was it the bombardier that did so?"—he said, "No, by no means, the bombardier did not vex me"—and he also said the bombardier was the best friend be had in the world—he said he had been righting in the Canteen; and he turned round, as he laid on the, bed in the cell, and pointed to a little wound in the cheek, and said, "See what he has done to me"—by that I understood him to mean the man whom he had fought with in the Canteen.
Q. Did he ask you any thing about the state of the deceased? A. Yes—as far as I recollect, his words were, "Is he dead yet?"—I told him no, that he was not yet dead—he said he hoped to God he would not die—he then asked me to stop with him in the cell 'during the night—I told him, as I was sergeant-major, on duty for the week, it was impossible; but if he wished any body to stop with him, I would make his request known to the barrack officer, and no doubt he would gratify his request—he said, "Never mind, I will do without"—he then asked me to stand before him, that he might see me—he said several other things, which I cannot recollect—he was apparently very vexed at what took place; and it appeared to me he had been drinking, perhaps, during the former part of the day, and was recovering from a drunken state—a man in the cell asked if he had been searched—the sergeant proceeded to put his hands in his pockets, and be said, "I have got nothing to injure you or any other one"—I said I would come again and see him, which I did at six o'clock next morning—I asked how he was, if he had slept any during the night—he said, "No, very little;" and after ft very considerable pause, he asked if lie was dead yet—I considered he alluded to the bombardier—I said, "Yes, he is dead; be died at three o'clock this morning"—he turned round on his bed, and sobbed violently—he made no direct reply.
Cross-examined. Q. Had you been at Malta with the regiment? A. No—he appeared to be perfectly sensible of what he had done, and grieved at the consequences.
JOHN DUGGAN . I am assistant-surgeon at the barracks at Woolwich. On the 14th of June I was called in to attend John Grice—I perceived a gun-shot wound—he died from internal hemorrhage in consequence of that wound—I have not the least doubt of it.
Cross-examined. Q. Did you observe whether the wound went upwards or downwards? A. Rather upwards—the orifice of the wound was in the lower part of the back—it passed through the vertebrae the ball was extraded
from under the right breast, a little below the nipple—I believe it was about three inches below the nipple.
Q. Suppose he was in a sitting posture, and leaning as if writing, could that wound be received from a person who had the musket at his shoulder? A. I cannot answer that question—I have no idea what position it was in.
MR. ADOLPIIUS. Q. Supposing the deceased leaning on the window in a writing posture, the wound being received behind, if the musket was held in the hand without being brought to the shoulder, or if put to the shoulder and the party leaning down, would the ball take that direction? A. I cannot say.
COURT. Q. It passed through the vertebrae and the small of the back, did it not? A. Yes, slightly upwards—it afterwards took a direction more upwards.
JAMES SOMERVILLE LITTE . I am assistant-surgeon to the Artillery at Woolwich. I saw the deceased about half an hour after he was brought to the hospital—the ball was extracted in my presence—it was about three inches below the right nipple under the skin.
Q. Supposing he had been shot from behind, and he was leaning out of window, what direction would the ball have taken? A. It is difficult to answer, but I saw the man's coat afterwards, and the hole was very low, in the middle of the skirt—it must have struck him low, and gone upwards—I was present at the greater part of the post mortem examination—the course of the ball was in an upward direction—I think the deceased appeared to be sensible of his approaching death, I cannot positively say—I was with him some hours, but did not press the question—he appeared so from the incoherent remarks he made.
Cross-examined. Q. He was in a dying state at the time you spoke to him? A. He was—I asked him if there was any quarrel at any time, or any grudge between the prisoner and him—he said, "No"—the ball struck the skirt of the coat first, and then struck him in the lower part of the back—the gun could not have been more than nine or ten feet from the deceased when it was discharged, by the length of the room—I should not think the gun which produced that mischief was at the shoulder of the man who fired, but balls take different directions—if he stood upright I should think it difficult to account for the course of the ball, if the gun was at the shoulder.
MR. DOANE. Q. Did the deceased say any thing else about the prisoner? A. He was moaning a great deal—he said at times, "He must have been a bad man"—it was difficult almost to know what he said—I asked if there was any quarrel between them—he said, "No, none"—he said, "In the early part of the day he had asked me for money, and I told him he had had quite enough to drink, and would not give him any"—I said, "Did he appear at all annoyed at your refusal?"—he said, "No, he did not."
JOHN SOMERVILLE, ESQ . I am a captain in the Royal Artillery, to which the deceased belonged. When I heard what had happened I went to the hospital, and saw him there in Mr. Li tie's presence—I asked Mr. Litte in what state he considered the deceased—he said he was in a most dangerous state—I conceive he must have heard that, as it was close to his bed—I asked Mr. Litte if I might safely speak to him—he said he thought I might—I then asked Grice if he thought he could without much pain to
himself answer one or two questions—he said be could—I asked if he could in any way account to me for this dreadful act—he said no, he could not—I asked if he had any quarrel—he said, "No," the only thing was that day at dinner time, the prisoner came to him, and asked him to lend him some money, which he said he would not do, as he had had drink enough; that he pressed him, saying, "You know I will pay you"—he said, "No, I will not let you have it"—I asked him if that at all exasperated him—he said, "No, not at all"—there had been nothing whatever to call on the prisoner to dispose of one of his cartridges—there are ten rounds given to each soldier in two packets of five rounds each, and that ammunition is on no account to be used for any detail of the garrison—there its convict-guard, and two guards on the river for which the men load—the men for the convict-guard are always furnished from the laboratory with each a ball cartridge by the quarter-master, when mustered to go on duty they are all ordered to load, and every man receives one cartridge, and at night when the guard is over they are 811 ordered to fall in again, the charges are drawn, and a person in the arsenal receives the broken powder which each man returns, and his musket bullet—there was no circumstance whatever to cause the absence of the cartridge—under no circumstances can a soldier have his musket loaded in the barracks without being guilty of a high crime.
Cross-examined. Q. You mean a military offence? A. Yes—the prisoner enlisted in May 1826, I believe—he was then eighteen year old—he has a good conduct stripe on his arm, and if be had continued good another month he would have had another—he has been a good soldier, of course, from 1837.
WILLIAM COPELAND re-examined. When I saw the prisoner cleaning his pouch on his bed I did not see his musket—I did not notice whether his pouch was closed or open—it was the brass part outside that he was cleaning, making the brass part bright—the pouch appeared to be shut at that time—I saw no musket near him—I did not take notice—I think if there had been one on the bed or near his hand I should have seen it—I taw him distinctly—the bedstead was turned up—the pouch was on the rug—the rug and blanket were on the top of the bed—he was standing up with his hands on the pouch on the bed—there was no other soldier in the room—it was about three or four minutes from the time of my going out into the yard, and hearing the report—the prisoner had no gun with him when he was walking about the yard shaking his head.
GUILTY of Manslaughter only. Aged 39.— Confined Twelve Months.
Before Mr. Justice Williams.
1935. CHARLES COLLINS was indicted for burglariously breaking and entering the dwelling-house of Samuel M'Lellan, about nine in the night of the 17th of June, at Greenwich, with intent to steal, and stealing therein, 2 watches, value 3l. 10s., his property.
SAMUEL M'LELLAN . I am a watchmaker, and live at Greenwich. On Thursday, the 17th of June, I was in my shop about twenty minutes past nine o'clock, and while there heard a very violent knocking at my window—I thought at first it was against the wood, but after the knocking was repeated three times the glass gave in, and I heard it smash—I saw a person's hand through the glass, where there were rows of watches hanging—I went towards the door, saw Mr. Coyfe, my neighbour, and begged him to mind my shop while I ran after the person—my son ran out first, and
raised the cry of "Stop thief," and I did the same—I saw the prisoner in custody of a policeman—when 1 got back to the shop I saw the entire of one watch and the face of another removed from the place where I had seen them safe about nine o'clock—Mr. Coyfe had picked them up.
THOMAS COYFE . A am a confectioner at Greenwich, and am next neighbour to Mr. M'Lellan. Between nine and ten o'clock on the evening in question, I was at supper, and heard the breaking of glass, and a cry of "Stop thief"—I ran to my door—Mr. M'Lellan had just come out of his shop—he asked me for God's sake to mind his shop—the plate-glass window was broken—I picked up one watch, and the inside of another just under where the glass was broken—(the persons were gone from the window then)—I put them into, the hole of the window, and told the prosecutor when he returned what I had doen—I stood with my back against the window till he returned.
JOHN GOLDFINCH . I am a policeman. On the night of the 17th of June, I was about twenty yards from the prosecutor's, and heard a cry of "Stop thief"—I ran in the direction of his house, and the prisoner and a number of other persons were running towards me—I seized him by the arm, being the foremost—the prosecutor, came up at the moment, and said, "Where is the watch?"—I put my hand into the prisoner's trowsers pocket, and took out the outer and inner case of a watch which I produce—I have had them in my possession ever since, also this entire watch, and the works of another.
MR. M'LELLAN re-examined. This case is mine, it has my handwriting in it—it is one of the watches that was hanging in my window on the night in question with the works—the glass was perfect at that time—it is a second-hand one which I bad for sale—here is the one Mr. Coyfe gave me—they were hanging next to each other.
Prisoner's Defence. I had been out of work for five weeks, and distress drove me to do it.
GUILTY . Aged 21.— Transported for Life.
Before Mr. Common Sergeant.
1936. HENRY COLLINS was indicted for burglariously breaking and entering the dwelling-house of James Lyer, about four in the night of the 6th of July, at St. Thomas, Southwark, with intent to steal, and stealing therein 1 pair of boots, value 10s.; and 1 hat, value 3s.; the goods of William Godfrey Watts; to which he pleaded
GUILTY .— Confined Nine Months.
Before Mr. Sergeant Arabin.
JAMES TIDMARSH (police-constable M 51.) I was on duty in plain clothes at Woolwich, on the 21st of June—I saw the prisoner, and watched him nearly an hour—I saw him attempt several gentlemen's pockets—at last I saw him take this handkerchief from a gentleman's pocket with his left hand, and he was putting it into his pocket—my brother officer caught him—the gentleman refused to charge him—I do not know the gentleman's name.
WILLIAM MILLERMAN (police-constable B 95.) I was there in plain clothes—I watched the prisoner nearly an hour—I then saw him come behind a gentleman, take this handkerchief with his left-hand, and he was putting it into his pocket when I took him.
Prisoner's Defence. I was not there five minutes—I picked the handkerchief up.
GUILTY . Aged 18.— Confined Six Months.
Before Mr. Common Sergeant.
MR. BODKIN conducted the Prosecution.
PENELOPE COOK . I am the wife of Thomas Cook, a dairyman, in Cranmer-road, Brixton. On the 8th' of June, the prisoner came to our shop for some eggs which came to 1 1/2 d.—she gave me a sixpence—I gave her 4d. change, and she left the shop—I laid the sixpence on the table, separate from any other money—I looked at it soon after she had left, and found it was bad—I laid it on the mantel-piece, and there it remained—on Saturday, the 12th, she 'came again, and asked for a pennyworth of milk—I knew her again—she talked of her mistress being ill, and appeared in a great hurry—I thought she was a servant—she had her sleeves tucked up, as if she had just come from her work—in consequence of that I permitted her to go away—I gave her change for that sixpence also, and put it in the same place—about a minute or two after she had gone I looked at it and found it was a bad one—I put that with the other, and they remained apart from all other money till I gave them to the policeman—on Friday, the 18th, the prisoner came again for two eggs—she gave me a shilling—I examined it, and called my husband—he immediately went for a policeman—I remembered her as the woman who had been with me twice before, perfectly well—my husband returned with an officer—I then went to the place where I had put the sixpences—I gave, one to the officer, and in my fright I left the other—I carried the other to the Magistrate when I was examined, and now produce it—I gave the shilling to the officer.
Prisoner. Q. Why did you not give me into custody the second time? A. Because you were in such a hurry, and said your mistress was ill.
Prisoner. I was never in the shop before.
WILLIAM WOODMAN . I am a policeman. I was called in, and received this shilling and sixpence—I desired the prisoner to pull her pocket out at the station, and I found two new thimbles in it—they cost about 1/2 d. or 1d. each—I also found a penny in copper.
GUILTY . Aged 24.— Confined Six Months.
MR. BODKIN conducted the Prosecution.
MARY HUGGETT . I am the wife of George Huggett, who keeps a coffee-shop in North-place, Lambeth. On the 3rd of June, the prisoners came there, and called for two cups of coffee, which came to 3d.—the female prisoner put a half-crown on the table for me to reach it—she was too for from me, and the male prisoner handed it to me—I examined it—I doubted a little whether it was good or not—I showed it to my husband, and he immediately returned with me to the prisoners.
Hart. When this young woman gave you the half-crown, I merely touched it, I did not take it up. Witness. He had not drank the coffee—he had ordered it, and was drinking it—I saw them come in together.
GEORGE HUGGETT . My wife came to me about a half-crown—I examined it, and thought it was not good—I cut some notches in it with a knife—here are the marks I made—I afterwards went with my wife to where the two prisoners were—I charged them with tendering the half-crown, and asked where they got it from—Miles said she had received it in change for a half-sovereign in the Lambeth-road—I said, "If that is the case, you can have no objection to letting me know where that is, or accompany me there"—I went in search of a policeman, leaving both the prisoners in the coffee-room—while standing looking for a policeman, Hart left the coffee-room, and ran away—I ran after him, brought him back, and detained him—I went to the back part of the shop to send a servant for a policeman, and he ran away out of the coffee-room a second time—I at last secured him, and gave him to Pearse the constable—the policeman, Edgar, asked me to let him see the half-crown in the prisoner's presence—I did so, and also showed it to Pearse, and while in his band, Hart made a snatch at it, put it up to his mouth, and swallowed it.
WILLIAM HENRY PEARSE . I am a policeman. I received the prisoners in charge—on Hart I found three shillings and four penny pieces in good money—Miles emptied her pocket on the table—there were two half-crowns, and 3s. 4d. good—I saw the half-crown in Huggett's hand, and returned it to him—Edgar came in and got it—he returned it to Mr. Huggett—in passing it to my hand, Hart snatched it before it was hardly in my hand, and swallowed it.
JOHN EDGAR . I am a policeman. I was called in—Mr. Huggett showed me a half-crown—I gave it him back again—I noticed it was bad—there was a mark on it, a cut on the edge—it was about half-past nine o'clock when the prisoners were locked up.
WILLIAM THOMAS FLETCHER . I am a policeman. On the following morning, the 6th of June, I was at the station, and saw Hart in the cell—I got this half-crown from the water-closet, and another one with it— there were two little boys there besides Hart.
Hart. Q. We were taken before the Magistrate on Monday? A. Yes—I did not produce these half-crowns before the Saturday following—I found them on Monday morning after you were gone—I immediately ran to the Magistrate, but you were then remanded, and I appeared with them on Saturday.
MR. FIELD. These are both counterfeit, and both cast in the same mould.
Hart. I know nothing of them.
MILES**— GUILTY . Aged 18.
HART**— GUILTY . Aged 22.
Confined One Year.
Before Mr. Recorder.
HENRY CHESHIRE . I am nephew of the prosecutor. On the afternoon of the 17th of June I saw the mare in Kingston-road, running in a cart driven by the witness Scott—I went up to him—he gave me information.
FRANCIS THOMAS SCOTT . I am agent to some oil-works, and live in Carlisle-street, Lambeth. On the afternoon of the 9th of June I bought a mare, which the prosecutor claims, at my stable, No. 68, Lambeth-walk, about halt-past one o'clock in the day, of the prisoner—I gave a guinea and a half, and a grey mare worth 4l., in exchange—I was bid 3l. 10s. for her, at ten o'clock next morning—the prisoner said he had had it about a fortnight, and bought it of a person at Kennington, and that he himself lived in Park-street, Kennington.
Cross-examined. Q. You knew him before, did you? A. I might have seen him before, but do not know—I never bad any acquaintance with him—I am not mistaken in him, I am certain—I positively swear he is the man—we were in company together from near twelve o'clock until half-past one, except a quarter of an hour, when he want away, saying he bad got the horse grazing—I do not know whether his father lives there—I believe his mother lives there—I do not know that he has a father.
JAMES DREWETT . I am a dealer in coals, and live in Gibraltar-row, Southwark. I saw Scott on a Tuesday or Wednesday in June, buy a mare of the prisoner—he gave one guinea and a half, and another horse, in change—the prisoner said he had bought the mare of a man named Reeves, at Kennington.
GUILTY .* Aged 19.— Transported for Ten Years.
Before Mr. Baron Alderton.
1941. REUBEN MAY was indicted for feloniously assaulting John George Worlock, on the 16th of June, and cutting and wounding him in and upon his left arm and right wrist, with intent to do him some grievous bodily harm.
JOHN GEORGE WORLOCK . I am apprenticed to William Freeman, a picture-frame maker, at No. 2, Brown's-place, Waterloo-road. The prisoner was apprenticed to him also—on Wednesday afternoon, the 16th of June, I was rolling some whitening—the prisoner was going along the shop, with a length of moulding, and very nearly struck me in the eye with it, within one-eighth of an inch—I told him not to be so careless, and to mind his work—he turned round, and said I was always magging him—I said it was false, it was only for his own good—he turned round, and kept on aggravating me—I said if he did not go on with his work I should pull his ear—he still kept on aggravating me, and I gave him a clout of the head—he put down the moulding, and took up the hammer to hit me with it—I took it from him, and hit him in the mouth with the hammer in the tussle—he then took up a gouge, and stabbed me in the left arm—he was very angry at the time—a man came up directly, and took the gouge away from him—it cut me—I had no coat on, I was in my shirt-sleeves, and my shirt sleeves were tucked up—it was a deep cut—it bled a good deal—he took it up again, threw it at me, and cut me in the right Arm, and then it hit the other man's foot.
Cross-examined by MR. BALLANTINE. Q. What age are you? A.
Twenty—the prisoner is between fifteen and sixteen—I have not been always tormenting him—I took the hammer out of his hand—I did not strike a violent blow on his mouth which broke two of his teeth—the hammer hit him in wrestling to get it away—it did not strike him a violent blow—I do not know that it was that blow that broke his teeth—I did not strike at him with the hammer—the moulding he was carrying was twelve feet long, and about two inches and a half wide—the end of it nearly touched me, not quite—it was within a very short distance of me.
JOHN THURGOOD . I am a workman in the shop. I was present when the two boys were quarrelling—I saw the prosecutor strike the prisoner with his band—the prisoner then took up the hammer, and the prosecutor took it from him, and in the scuffle it struck him in the mouth—it was not so very hard a blow—I believe it broke his teeth—I saw his tooth broke afterwards —I saw him take up the gouge and stab the prosecutor in the arm—it cut the arm—it was a deep wound—another man took the gouge from him, and put it on a bench—he took it up a second time, and threw it at the prosecutor, and cut him in the other arm, and then it stuck into my foot—he was in a passion.
Cross-examined. Q. You have no doubt Worlock struck him a blow with the hammer? A. The hammer certainly hit him in the mouth—I have no doubt he struck him a blow with it in trying to get it from him—they both had hold of the hammer at the time.
(The prisoner received a good character.)
GUILTY. Aged 15.—Recommended to mercy. — Confined One Month.
Before Mr. Sergeant Arabin.
1942. THOMAS COUSINS was indicted for stealing, on the 21st of June, 1 brass cap, value 2s. 6d. the goods of the London and South-western Railway Company:—2nd COUNT, stating it to be 1lb. weight of brass.
MR. CLARKSON conducted the Prosecution.
PATRICK CONNOR . I am a watchman in the employ of the London and South-Western Railway Company. I was at the terminus at Nine Elms, on the morning of the 21st of June—I concealed myself, and saw the prisoner come into the engine-house—he took this piece of brass, which was by the side of the engine, and conveyed it to his coat, which was on the other side of the engine—I told Mr. Ellis ton.
THOMAS ELLISTON . I nm an officer in the employ of the London and South-Western Railway Company. I went and took the prisoner—I asked him whether he had any of the Company's property about him—he said no, he had not—I found this piece of brass in his coat-pocket—I took him, and he said he was very sorry for what he had done; it was the first time he had ever done such a thing in his life.
Cross-examined by MR. DOANE. Q. You had seen him there before? A. I have not been long in the service.
JOHN DAWSON . I am foreman to the engineers at that station. The prisoner was in the Company's employ—this brass cap belongs to one of the engines under repair—it is worth about 2s.—it is the property of the Company—the prisoner had no right to it.
Cross-examined. Q. He had behaved well up to this time? A. Yes, I believe he had.
(The Act empowering the London and South-Western Railway Company to me and be sued in that name, was produced.)
GUILTY. Aged 20.—Recommended to mercy by the Jury. — Confined Two Months.
Before Mr. Common Sergeant.
1943. HANNAH WRIGHT was indicted for stealing, on the 20th of April, 1 watch, value 7l.; 2 watch-keys, value 5s.; and 1 ornament, called a heart, value 3s.; the goods of James Newberry, in his dwelling-house:— Also, on the 5th of Jane, 1 sovereign, the property of James Kirby:— Also, on the 21st of June, 1 box, value 3s.; and 3 sovereigns; the property of James Newberry: to all which she pleaded.
GUILTY .— Confined Six Months.
GUILTY .— Confined Six Months.
Prisoner. I saw them lying down, and picked them up. Witness. They were pinned with three pins.
GUILTY .* Aged 12.— Transported for Seven Years—Convict Ship.
SOPHIA UPTON . I am servant to James Allett Leigh, of Upper Kennington Green. These three spoons are my master's—I placed them on a waiter on a chest of drawers, near the kitchen window, about eleven or twelve o'clock, on the 30th of June—I was away for a short time—when I came back the window was open, and these spoons were gone.
JAMES BROOKS (police-constable L 14.) I was on duty near Vauxhall-Gardens—I saw the prisoners, and watched them—(hey went into a number of gardens with pencils in their hands—they went to the prosecutor's—Ballam went to the kitchen window, and Stanton stood at the gate—Ballam came out, and showed something to the other—they ran, I pursued, and took them, and found these spoons in Ballam's pocket.
CHARLES BURGESS GOFF (police-constable L 31.) I produce a certificate of Ballam's former conviction, which I got from the office of the Clerk of the Peace, at Surrey—(read)—the prisoner is the person.
BALLAM*— GUILTY . Aged 12.— Transported for Seven Years.
STANTON— GUILTY . Aged 13.— Confined Three Months.
THOMAS WALKER . I am a fellmonger, living in Taylor's buildings, Bermondsey. I know the prisoner by sight—on the 29th of May I saw him take the ham from Mr. Bedell's door, and run away with it—I am sure he is the man—I gave information the same night—I have had no quarrel with the prisoner.
Prisoner. If you saw me, why did not you stop me? Witness. I did not give it a thought.
JURY. Q. What o'clock was this? A. Nine o'clock—it was not very dark—I am sure he is the man—I have known him a good while.
Prisoner's Defence. From half-past eight till a quarter after nine o'clock I was with my father and brother, drinking at the Rose public-house, and then I went straight home.
GUILTY .* Aged 23— Transported for Seven Years.
1948. HANNAH KIMBER was indicted for stealing, on the 14th of June, 3 shirts, value 3s.; 1 curtain, value 1s.; 1 table-cloth, value 2s.; 1 counterpane, value 3s.; 1 pillow, value 2s.; 1 tea-pot, value 2s.; 1 blanket, value 2s.; and 1 coat, value 5s.; the goods of Thomas Ansell: and that she had been before convicted of felony.
THOMAS ANSELL . I live in Hill-street, Peckham. The prisoner lodged at my house—I have lost the things stated—this is my coat, and the one I lost—this shirt is mine; an Irish woman made it too short—this other shirt is also mine.
Prisoner. This shirt belongs to my eldest boy; they are not his.
(Property produced and sworn to.)
Prisoner's Defence. Part of this is my property, and part he gave me to dispose of in the best way I could; I beg mercy for the sake of my children.
GUILTY . Aged 32.— Transported for Seven Years.
Newington; he has trucks to let out. On the 12th of June the prisoner came to hire one for an hour—I let him have one—I have never seen it since—I am sure he is the man—I had not known him before.
Prisoner. You told me you did not let trucks to strangers, and refused to let me have it unless I left money on it, which I had not got. Witness. We always have 1s. left, but he had not got it, and I let him have it.
Prisoner's Defence. I had no money, and walked away without the truck; she said she did not lend them out to strangers without leaving 1s. on it; and I did not have it.
GUILTY .* Aged 21.— Transported for Seven Years.
JOSEPH HASLETT . I am in the service of Henry and John Wharton, at Newington. On the 29th of May there was a pair of trowsers inside the shop—when we were closing, at eleven o'clock at night, when three persons came into the shop to buy a flannel jacket, the prisoner was the hindermost of the three—while I put the trowsers down, to get the jacket, the prisoner went off with the trowsers—I pursued him, and saw him near a lamp-post, folding up the trowsers—I followed him, and took him with them.
Prisoner. I did not take them. Witness. I did not see you take them, I saw you with them, and missed them from the shop.
HENRY BIRT (police-constable P 176.) I took the prisoner with these trowsers—he said, in going along to the station, that he meant to give it up altogether now he had got into regular work, he could not think how he came to do it.
Prisoner. I never said so, I never opened my mouth.
GUILTY . Aged 19.— Transported for Seven Years.
Before Mr. Recorder.
1951. BENJAMIN BARTHOLOMEW and WILLIAM GATTON were indicted for stealing, on the 16th of June, 5 bushels of a certain mixture consisting of oats, peas, and chaff, value 8s., the goods of John Shoesmith, the master of Bartholomew.
JOSEPH SIMMONS . I am in the service of Mr. Shoesmith; he lives at Lewes, and is a carrier; Bartholomew was in his service. My master's wagon comes from Lewes to the Nag's Head inn, in the Borough—on the 14th of June I assisted in filling a sack with corn for the horses to eat on the road—it was a mixture of peas, oats, and chaff—on the 16th I saw the sack in the wagon, in the same state as when it was put up—Bartholomew came alongside of me as we were on the road, and said, "I shall sell that sack of corn"—I said the horses would want it before they got home—he said they had got plenty—I went with him down the Brixton-road—we stopped at the Crown and Anchor public-house, Brixton, and had some drink—I saw Gatton, the horse-keeper, there—I heard Bartholomew say to Gatton, "Have you taken that?"—Gatton said, "Yes"—I then went back to the
wagon, and started the wagon again—the sack of corn was not there then it was gone—I had seen it safe before we got to the Crown and Anchor, and I saw it safe when we got there and stopped, I am sure of that—I did not say any thing about missing it till the Saturday following, and it was on Wednesday I missed it—we got home to Lewes on Friday afternoon—I told my master's son of it on Saturday.
Cross-examined by MR. BALLANTINE. Q. Were you and Bartholomew great friends that he told you this? A. I do not know that we were great friends—I had been there about eight months—he told me this just before we got to the Crown and Anchor, where the horses feed, up and down—the horses did not have as much as they required after that sack was gone—I was a witness against Bartholomew at Lewes—Bartholomew left my master's service on the Saturday—he left of his own accord, I believe.
Cross-examined by MR. DOANE. Q. Was it not on Tuesday you went before the Justice at Lewes? A. Yes—Bartholomew was then discharged—after that I came to town on a coach with Fagan the policeman and Gatton—we all stopped at a public-house—there was no beer called for.
FRANCIS FAGAN . I am superintendent of the East Sussex constabulary. I received charge of Bartholomew, on the 21st of June, at Lewes—he asked my advice how he should act—I said, "I give you none"—he said, "If my mate has split, I suppose I must suffer for it; I gave the corn away for some beer, but it was poor stuff"—he said he hoped he should not get transported; if he got off with twelve months' imprisonment be should not mind—I took Gatton on my road, on the 25th, at Brixton Wash-way—I told him I apprehended him for receiving some corn of Mr. Shoesmith's, carter—he said it was poor stuff, he only gave some beer for it—I said, "I shall charge you with stealing the sack"—he said, "No, I did not steal the sack, I took the sack back again"—he said he had taken it from the wagon—I did not make either of them any promise, or threaten them in any way.
Cross-examined by MR. DOANE. Q. Were yon not inspector of the M division? A. Yes—I left it through a difference between the superintendent and me—there was a complaint made by him, but I was not discharged—the commissioner recommended me to the situation I hold now—I took the prisoners to a public-house near the station in the Southwark-bridge-road—I gave them a pint of ale each after I had brought them fifty miles—I believe Simmons was there in some part of the building.
Cross-examined by MR. BALLANTINE. Q. You hardly undertake to give the precise words that Bartholomew made use of? A. I do as nearly as I can recollect.
(The prisoners received good characters.)
BARTHOLOMEW— GUILTY . Aged 30.
GATTON— GUILTY . Aged 27
Confined Two Months.
ADJOURNED TO MONDAY, AUGUST 23RD, 1841.