CENTRAL CRIMINAL COURT.
TWELFTH SESSION, HELD OCTOBER 25TH, 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. October 25th, 1841, and following Days.
Before the Right Honourable THOMAS JOHNSON , LORD MAYOR of the City of London; the Right Honourable James Lord Abinger, Chief Baron of Her Majesty's Court of Exchequer; Sir John Gurney, Knt., one other of the Barons of Her Majesty's Court of Exchequer: Matthias Prime Lucas, Esq.; Sir John Key, Bart; Charles Farebrother, Esq.; Sir Chapman Marshal, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Pirie, Esq.; Thomas Wood, Esq.; William Humphery, Esq.; Michael Gibbs, Esq.; Sir George Carroll, Knt; and John Kinnersley Hooper, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
JOHNSON, MAYOR, TWELFTH 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, October 25th, 1841.
First Jury, before Mr. Recorder.
NOT GUILTY .
(The prosecutor did not appear.)
NOT GUILTY .
MESSRS. RYLAND and BULLOCK conducted the Prosecution.
Cross-examined by MR. CLARKSON. Q. Have you been long in the police? A. Yes—I do not know the defendant.
MR. WILLIAM WADHAM COPE . I am the keeper of Newgate. I received William Street into custody under a warrant from Dr. Cresswell—he was tried and convicted—I was present at his trial—he was to have been defended by counsel, but did not have one.
Cross-examined. Q. Do you remember being applied to by a gentleman, stating that counsel was retained to defend him, but was not there, and it being said the Court were determined to get through the business that night? A. I cannot state that—I think I said the business would terminate that night, and I thought the Court would not wait for counsel—Mr. Kerry's name was against the prisoner's name in the list, to defend him—it was stated to the Court that the prisoner's counsel was absent—the Court said the business would certainly close that evening—it was the last day of the Sessions—I think the case had been on the list on the fisrt day of the Sessions, but I do not recollect—I know the defendant and his father—I know he practised as an attorney—he came to the gaol two or three times, to see Street, and receive his instructions—he signed the book at the gaol as attorney for Street—I do not know that a brief was delivered to counsel.
ELIZA STREET . I am the wife of Thomas Street—we live at Enfield-Wash. My son was brought here, on the 17th of May, on a charge of assaulting a girl—I came to town about it several times—on the 22nd of May I was at the George public-house, Old Bailey, and was inquiring there for Mr. Phillips—I saw the defendant there—he heard me inquiring for Mr. Phillips, and asked me what I was inquiring for—I told him I had a son in trouble, and wished to know if I could see Mr. Phillips, to see him righted, to get him out as soon as I could, to get him through when the trial should come on—he told me he was clerk to Mr. Phillips, and that he would visit my son, that every thing would be right—I said I was nothing but a poor woman, and asked what he would charge me for seeing my son righted—he said Mr. Phillips could not do it under three guineas—those were the words he said to me—we were talking some time together in the room about one thing or another—I said I had not got all the money, I could give him but 5s., which I gave him—he gave me a paper for it—I said I would be up again as soon as I could, and make the money up—here is the receipt he gave me—(read)—"The Queen against William Street. 1841. 22nd May. Received of Mrs. Street 5s. on account of this defence. W. S. HENSON."—I saw him again about the 12th of June, at the George, a few days before the Sessions—he shook hands with me as soon as he saw me, and said, "Good morning, how do you do, Mrs. Smith?"—he said, "I have seen your son, I have been and visited him"—I said, "Have you?"—he said, "Oh yes, it is all right, and Mr. Phillips is going to plead for him"—he said he should go and visit my son that day, and tell him he had seen his mother—nothing was done that day—I was obliged to wait till Friday, to send a donkey to Smithfield, to sell to get the money—I got this second paper from him—I saw him write it on the day it is dated—I paid him all the money—I cannot read very well—the next sum I paid the defendant was 1l., and then 1l. 15s.—it was paid by instalments.
Q. Did any thing else pass about your son, when you paid him the money? A. He said he was quite convinced Mr. Phillips would see my son righted, and I should have my son home with me, I might depend on it—I was present when my son was tried—he had no counsel—he was tried on Saturday afternoon (he was brought up on the Monday morning again) I was here looking for Mr. Henson—he was not to be found—I never saw him after I paid him the last money till this morning.
Cross-examined. Q. I suppose you were in great grief and vexation that your son had nobody to defend him? A. Yes, I thought it very hard, after sacrificing all our things to raise the money—it has been a great expense to us—I saw a short person, (Samuel Wiggins,) on the subject—I saw him first, and he told me, after the money was paid, that he was afraid Mr. Henson was not doing right by me, and I should be out of it.
Q. Who first sent you into the George public-house to inquire for Mr. Phillips? A. There were a parcel of people standing about—I was a countrywoman not acquainted with town—I wished to know where Mr. Phillips lived, and was told in Chancery-lane—I was told that at the George—it was not the landlord that I asked where Mr. Phillips lived—Mr. Wiggins told me where he lived, and we went to Chancery-lane, and he was not at home.
Q. I believe afterwards Wiggins introduced you to Henson as the person who would do your business? A. Not exactly—he did not say Henson was
an attorney, who could defend prisoners—Mr. Henson told me himself he was an attorney who could conduct the defence, and said he should want some money to get a copy of the depositions from Mr. Sawyer, of Enfield—he wanted the 5s. to pay for them—he delivered me a letter as the attorney for the prisoner, to Mr. Sawyer, which I saw him write—I took it to Mr. Sawyer myself.
Q. The remainder of the money was to prepare a brief, and deliver it to my learned friend? A. Yes—he told me with his own mouth Mr. Phillips was going to plead for my son—he did get a copy of the depositions—I cannot say whether he prepared a brief—I saw a brief—before the brief was prepared, Mr. Henson read over the depositions to me at the George—he went to see my son two or three times at Newgate, I believe.
Q. Was it not Mr. Henson who said, when he was brought to you by Wiggins, that he was an attorney, that he would defend your son, and afterwards tell you he had given a brief to Mr. Phillips? A. Yes, and that he had employed Mr. Phillips—I am sure he said he had employed Mr. Phillips, and that Mr. Phillips would certainly see my son righted—I have never been before any Magistrate about this—Mr. Henson had no opportunity of knowing what I should say to-day—my sister has seen Mr. Henson—I authorized her to say if he would return my money again, I would not proceed in it—I never said I would settle it if Mr. Henson would give me back 1l.—nor authorize my sister to say so—Mr. Henson told her he was going into the country for a little money, and if she would wait till he came back, he would come to Enfield to return the counsel's fee to me—he said he knew very well he had done a thing that was very wrong, and he was very sorry for it—he said so to my sister, who is here.
MR. RYLAND. Q. Is it correct that he said he was Mr. Phillips's clerk? A. Yes, he certainly said that, I am quite sure of it—he said so the first time I saw him.
MR. CLARKSON. Q. Had anybody spoken to you about counsel on the outside? A. No—it was not Wiggins who spoke about being clerk to Mr. Phillips—Wiggins said he did not know any thing about Henson being clerk to Mr. Phillips—he did not tell me Henson was an attorney, he told me so himself, as soon as I saw him.
MR. RYLAND. Q. When did Henson tell you he was clerk to Mr. Phillips? A. Up at the George public-house, the first time.
Q. When did he say he was an attorney? A. The first time, at least he said he was clerk to Mr. Phillips—not that he was an attorney—he did not use the expression, "I am an attorney," at all—he told me he should give Mr. Phillips the money, and he would see my son righted.
Q. When did he say he was an attorney? A. He said it the day I was at the George—he said he was clerk to Mr. Phillips—he said once at the George that he was an attorney—he said he was an attorney, and that he was clerk to Mr. C. Phillips—I am sure he used the word clerk—he did not say he should act as clerk—I should not have parted with my money, on his saying he was an attorney, without his adding that he was clerk to Mr. Phillips—it gave me great comfort his saying he was clerk to Mr. Phillips, because I thought it was quite right.
DANIEL MEAD . I am a baker at Enfield. I came to the Old Bailey with the prosecutrix on the occasion of William Street's trial—I was at the George public-house with her, and saw the defendant—I told him I came with her to see who she was going to pay the money to—she was to make
it up by a certain day—she agreed to pay him the remainder of the money in about a fortnight, or before the trial commenced, which was 1l. 18s. more—Mr. Henson told me he done business for Mr. Phillips as his clerk.
Q. Give us his words as near as you can? A. I asked him what the expense would be, and he told me—I said I had come to see who she paid the money to, as I had been duped by a party before, and wished to see if she was paying it to any body who would defend the boy—he said if he took it by false pretences he should be taken off the rolls—he said he worked, or done business for Mr. Phillips, as well as Mr. Clarkson—he did not say in my presence that he was clerk to Mr. Phillips —he said the expense would be three guineas.
WILLIAM STREET . I was indicted here for an assault—the defendant came to me in prison, before my trial, about three times—he stated to me that he was Mr. Phillips's clerk, and that Mr. Phillips was going to be my counsel.
Q. Repeat his words? A. I asked him if my mother had applied to Mr. Phillips—he said he was Mr. Phillips's counsel, as how he was clerk to Mr. Phillips.
Q. Do you mean to say he said, "I am Mr. Phillips's clerk?"A. Yes, I am sure of that—he used those words, "I am Mr. Phillips's clerk."
Cross-examined. Q. You were convicted of assaulting a child with intent to ravish her? A. Yes—she said she was fourteen years old—I am a sweep—he said he was clerk for Mr. Phillips, and he expected he should get me off.
Q. Did he tell you he was an attorney, and defended prisoners, and had prepared a brief for Mr. Phillips? A. Yes—he read over the depositions to me, and showed me the brief—he did not afterwards tell me he had delivered a brief to Mr. Horry—he did not tell me his name was Henson—I did not know his name—I did not recommend him to another prisoner as attorney, nor advise any other prisoner to employ him, I swear that—he did not write his name on paper, and put it into my hands—I am no scholar—he did not tell me any thing about it—he had a pencil—he said he had got 5s. from my mother to get a copy of the depositions, and that he was going to Enfield to get them.
CHARLES PHILLIPS, ESQ . The defendant was never my clerk in any shape whatever—I have not the slightest recollection of hearing any thing of this case; in the multiplicity of cases it is impossible to recollect every one.
Cross-examined. Q. I believe you have been in the habit of receiving many briefs from Mr. Henson? A. No doubt I have had briefs from him—I cannot say whether I had any brief from him in that Session, I have no recollection—Wiggins has sometimes brought me briefs with Mr. Henson's name on them.
WILLIAM STREET re-examined. Q. Do you remember stating to the Court that counsel was employed for you and getting your trial postponed? A. Yes; I said I expected I was going to have Mr. Phillips to plead for me.
Q. Were not you told by a person who came into Court that your brief had been delivered to Mr. Horry? A. Not to my recollection—I did not hear Mr. Horry's name mentioned—Mr. Cope did not tell we so, to my knowledge—I cannot swear any thing about it.
DANIEL RICHARD HARKER . I am Usher of the Court. I remember the trial of William Street—Mr. Phillips did not act as his counsel—I went to look for Mr. Phillips, in consequence of the prisoner saying he was his counsel—it was the end of the Sessions, and Mr. Phillips was gone—no counsel acted for him—I was not instructed to look for Mr. Horry.
Cross-examined. Q. Did you look at the list? Yes—I did not see any counsel's name to it—I knew nothing about it on the first day of the Sessions.
HORRY, ESQ. Q. Were you in any way retained as counsel in the case of William Street? A. I had a brief brought to me on the Friday morning before the man was tried, which was on the Saturday, the following day—there was no fee paid with the brief—I cannot recollect whether I had been spoken to before about defending the prisoner—I have a memorandum that I had the brief delivered to me on the Friday morning—I did not put my initials to the paper on the first day of the Session—I put them on the Saturday morning—I did not promise the person who delivered me the brief that I would attend to the case—when the brief was delivered to me by a person who I never saw before, he said that Mr. Henson would call on me in a short time—I waited for his seeing me, and on Saturday morning, as I did not see him, I sent a message, and came down here at nine o'clock—then being particularly required to go away I put my initials to the paper in case anything should be said about the case, but between nine and ten something occurred which led me to return and strike my initials out—on previous occasions I have had briefs from Mr. Henson, and have had the fee paid afterwards.
Q. Is there any professional objection to your saying why you struck your initial out? A. I will state it—between nine and ten o'clock I understood that the prisoner had been brought to the bar the night before, or some time before, and had stated that Mr. Phillips was his counsel, and I said under those circumstances I could not hold a brief of a case in which another gentleman's name was mentioned, I should therefore decline holding it, and I sent a message by a person to that effect—I have never seen Mr. Henson on the subject—I received an answer from him through two parties I saw in this Court—Wiggins was not one of them—I have nothing to do with Wiggins at all—the answer I received was that Mr. Henson was very ill in bed, but would endeavour to attend—the message I sent was that I must see him, and that was the answer I received on two occasions—I received no fee—the fee marked was one guinea.
GUILTY .— Judgment Respited.
GUILTY . Aged 34.— Judgment Respited.
JOSEPH PINDAR . I am shopman to John and Richard Davis, of Chiswell-street. On the 10th of February, the prisoner came and said she wanted goods for Mrs. Sowter, of Newington-green, who is a customer of ours—she said they were to be put down to Mrs. Sowter's account—I asked her if she was servant to Mrs. Sowter, and she said "Yes"—she first asked to look at some Irish linen—I entered in a book the articles I let her have, which I have here—here is entered "Irish linen, 16s. 6d.; brown-holland, 5s. 3d. printed dress, 10d.; muslin, 2s. 0 1/2 d.; worsted,
2s. 8d.; ribbon, 1s. 9d.; muslin, 2s.; edging, 1s. 7 1/2 d."—I have since seen those goods in the pawnbroker's possession.
Cross-examined by MR. DOANE. Q. What was the first thing that passed? A. She said she wanted goods for Mrs. Sowter—I said "Mrs. Sowter, of Newington-green"—she said "Yes"—I had not given her any goods then—I knew her by sight, by coming to the shop—I do not know how I came to ask if she was Mrs. Sowter's servant, curiosity tempted me—I did not know whether she might have left—I asked her if she was still in the service of Mrs. Sowter, and she said "Yes"—that was before I served her—I should not have served her without knowing whether she was Mrs. Sowter's servant or not.
WILLIAM HUMPHREYS . I am shopman to Mr. Summers, a pawnbroker, of Bath-street—I produce a remnant of linen, holland, and stuff, pawned on the 10th of February, to the best of my recollection and belief, by the prisoner, in the name of Smith.
REBECCA SOWTER . I am the wife of Thomas Sowter, a brick-maker, at Newington-green. The prisoner was formerly my servant of all-work—she has left me four years last month—I never authorized her to go to Mr. Davis for goods in February last—I was totally ignorant of it—she was not then in my service.
JOHN KERSHAW (police-constable G 123.) I apprehended the prisoner in Hornsey-road on the 14th of September—I asked if she knew Mrs. Sowter—she said "Yes"—I then told her I must take her into custody for obtaining goods by false pretences in her name, from Mr. Davis, of Chiswell-street—on searching the room I found a good many duplicates, one relating to Mr. Humphreys, of the property in question.
(Susannah Wren, wife of a baker in Lower-road, Islington; Joseph James Alley, baker, Queen-street, Islington; and George Johns, shoe-maker, Balls-pond, gave the prisoner a good character.)
GUILTY . Aged 25.—Recommended to mercy.— Judgment Respited.
(There was another indictment against the prisoner.)
NEW COURT.—Monday, October 25th, 1841.
Fifth Jury, before Mr. Sergeant Arabin.
MARY ANN CULSHAW . I am the wife of Ralph Culshaw, a merchant, in Nottingham-place, Commercial-road. On the 6th of September I went to the Custom-house to get my daughter's luggage—she had arrived a day or two before from Ostend—I went to the baggage warehouse, and completed my business, and obtained her luggage—as I was leaving the baggage-warehouse the prisoner came up, tapped me on the shoulder (I had not seen him at all before that, and he had not in any way assisted me with my luggage)—he said, "Stop, stop, you have not given me my fee"—I asked him what it was for—he said, "Never mind, I demand of you half-a-crown"—I asked him what it was for—he said, "Stop, stop, I can't be bothering with you all day"—and he again asked for half-a-crown, he signified his fee was 5s., as there were two of us, I and my daughter—I gave him a sovereign—he gave me change all but half-a-crown—I gave it him because he demanded it of me—I thought he was some one belonging
to the Custom-house—I found a person outside making the same complaint as I made myself, and I stated this—I was advised to make it known to the policeman, and did so—the policeman took me to the prisoner—I was accompanied by Mrs. Antionette—we saw the prisoner—he still persisted it was his legal claim, and he had a right to it—I told him he had done no business for me—he still persisted he was entitled to the half-crown—upon making some inquiries I went again, but he was not there—I gave him in charge the next day—he offered to return me the half-crown.
Cross-examined by MR. BALLANTINE. Q. Where did you go to him? A. In Bear-lane, at his master's.
JANE ANTIONETTE . I am the wife of Theophilus Antionette. On the 6th of September I went to the Custom-house for my daughter's luggage, who had just arrived from Rotterdam—I had got it, and was leaving the baggage-warehouse, when the prisoner came up to me and asked for half-a-crown—he said it was his fee for the visite of my luggage—he had not done any thing with respect to my luggage—I have had luggage at the Custom-house before, and was never asked for such a fee—I said I thought it was very strange—he said it was all right, I must give half-a-crown, it was his fee—I thought it was, being at the Custom-house—I gave the half-crown, and he went away—I saw him again on the same day, and asked why he took the half-crown—he said it was all right—I told him he had never touched my luggage—he said he had done something to it, but he never had—I did not see him till I had got my luggage.
GEORGE HYDE (City police-constable, No. 516.) I was on duty near the Custom-house—I was sent for—the two ladies were there and several persons besides—I heard their story, and heard where the prisoner's counting-house was—I went with them, and wanted to know the reason he demanded this money from them—he said I had nothing to do with it, it was his way of business, and his legal claim for what he had done for them—I said, "What have you done for them?"—he said, "Got them in before their turn to get their luggage"—I said, "You were not employed by them"—he said he was—he told me to go down stairs, and said he was employed at the Custom-house, I could go and inquire there—I inquired, and found he had no right to make such a charge—I went back to take him, but he was gone—I received instructions to take him when I could see him—my partner took him—when in the station he offered me the money to give to the witnesses.
EDWARD BOND . I am principal officer of the baggage department at the Custom-house, and have been for the last two years—the prisoner was not an officer there, he had nothing to do with it that I am aware of—I do not believe he holds any situation in the Customs—he had no right to demand half-a-crown, unless he was employed by the owners of the baggage.
Re-examined. Q. I believe you have known him before? A. Yes, twenty years—I knew him for an honest and respectable man.
MR. BALLANTINE called
JAMES WILLIAMS . I am a shipping-agent, my counting-house is in Beer-lane, Tower-street. The prisoner has been in my service about twenty-four years—he was entrusted with different matters of importance for the last twelve years—in August, 1840, I believe he lost a considerable sum of money, the savings of his life in my employ—I observed a great change in his conduct, his memory failed, and he was not correct—it arose
from mistakes—T had no reason to suppose him dishonest—he had been accustomed to go to the Customs every hour or more—I had put a stop to it lately—about September I reproached him for his conduct—he said he had received a letter that morning from Ipswich, his uncle had died, and left him 5000l., and he was quite independent of me—I was not aware at that time that it was an imagination—after that, he purchased a great quantity of things which were of no use to him—he bought some hogsheads of wine and other things, and left the orders about—a great number of persons called on me about him—after some time it was necessary to call in medical assistance—he was placed in an asylum at Peckham, and was then removed to Bethlehem, and returned to me that year—I took him back, in consequence of his being with me so long—from what I observed of his mind, I think he might fancy he had a right to this half-crown.
COURT. Q. Has he been quite at liberty since? A. Yes—his memory was not quite so good, and he was not so quick and clever as he was before.
GUILTY . Aged 36.— Judgment Respited.
GUILTY . Aged 20.—Recommended to mercy by the Prosecutor.—
Confined Eighteen Months.
(There were other indictments against the prisoner.)
ROBERT PRICE . I am a watchmaker, and live in Pitfield-street, Hoxton. On the 1st of October the prisoner came to my shop, he said he was recommended to me by his master, and he wanted a watch—I asked him what sort of a watch—he said one about 3l. or 4l., he should not like to go higher—I said I had not one that would suit him, would he like a second-hand one—he said he did not care which it was—he said, "I don't want it to-night, but shall leave a deposit, and call again"—I opened a glass case, and took a watch out at four guineas—I held it in my hand and said, "Is it any thing of that sort you like?"—he said, "Yes," and in a moment the watch was gone from my hand, and a tremendous blow was struck on the side of my head, and the prisoner was gone—I called out "Stop thief," the witness joined me—the prisoner dropped the watch—he is the same person—I was talking to him some minutes—this is the watch now produced.
Cross-examined by MR. PHILLIPS. Q. This was half-past seven o'clock in the evening? A. About that—I am not positive I had never seen him before, I thought I had—there are two lamps in my shop—one I put on the counter—I was in the act of handing the prisoner the watch to look at—this was on the Friday—I saw him again on the Monday following before the Alderman—I should not like to swear positively to a man I never saw before—he was there ten minutes.
COURT. Q. Do you doubt he is the person? A. No.
Cross-examined. Q. You did not see the prisoner have the watch? A. No; I saw Mr. Price and several people—Mr. Price gave it to me.
Cross-examined. You were not in the shop? A. No, never before that night—there is plenty of light in the shop—I saw a man run out of the shop with a watch, and drop it in the street—he was not a tall man—I would not swear to him.
CHARLES CROSS . I am shopman to Thomas Collingridge, a watchmaker, in Aldersgate-street. On the 2nd of October the prisoner came to my shop, and asked if I had got any good second-hand watches—I told him we bad—he said he was recommended by Mr. Rolls, a carrier, down below—I showed him a watch, he asked the price—I told him four guineas—he liked it very well—I showed him another—he said he hardly knew which to have—he determined on one, and left 1s.—he said he would call in half-an-hour—he came, and said, "Is the watch ready?"—he said he did not know whether he would take that or the other—I showed him the two—he then asked me to give him a glass of water, as he was a tee-totaller—I did not like that, and I did not give it him—I shut the door—he asked me again—I sent a boy up stairs for the water—the prisoner then took both the watches, hit roe oh the side of my head, and ran away with them—he was taken in Jewin-crescent—he threw these watches (now produced) away—they were picked up—they are my master's.
MARY MOSS . I am married. On the 2nd of October, as I crossed Aldersgate-street to Jewin-crescent, a man ran suddenly by me—in the course of a minute there was an alarm of "Stop thief"—I picked up the two watches.
Cross-examined. Q. Did you take a letter from him? A. Yes—it is not here now.
GUILTY . Aged 23.— Transported for Fifteen Years.
(There was another indictment against the prisoner.)
JAMES BRISTOW . I work for Mr. Shearbourn, at Bedfont. These trowsers and other things produced were taken from the room where I sleep, on Mr. Shearbourn's premises—they were safe on the 16th of October, between three and four o'clock in the afternoon—I missed them between nine and ten at night—the room was not locked—I suspected the prisoner, and found him in an outhouse, and found the things close to him—he does not work for my master—he lives in the village—he had no right to be on my master's premises—when I found these things, he said he intended wearing them the following day—I had never given him permission to do so.
DANIEL COX . I went with Bristow into the room, and missed the property—I went to where the prisoner was asleep—the goods were found close to where he laid—I asked how he could think of taking them from a Poor lad like that?—he said he was going to a place the next morning, and he intended to wear these things.
GUILTY .* Aged 17.— Transported for Seven Years.
2543. THOMAS DOOLEY and JOHN HOLMES were indicted for stealing, on the 13th of October, 1 purse, value 1s.; 7 half-crowns, 3 shillings, and 2 sixpences; the goods and monies of William Pawson Rams-den, from his person.
WILLIAM PAWSON RAMSDEN . I am a manufacturer. On the 13th of October I was in St. Martin's-lane, between three and four o'clock in the afternoon—I had a purse in my right-hand coat-pocket, containing seven half-crowns, three shillings, and two sixpences—I did not feel any thing at my pocket—I knew nothing of it till the policeman drew my attention to it, I then felt, and missed my purse—I saw Holmes with Sergeant Langley, when he asked me if I had lost my purse—this was about 100 yards past Northumberland-house—Sergeant Langley had hold of Holmes by the arm—he was close to me—I saw Dooley at the station the same afternoon—this is my purse, and its contents.
EDWARD LANGLEY (police-sergeant A 11.) I saw the two prisoners and another, at Charing-cross, a little after three o'clock that afternoon—they appeared to be in company together—I was in plain clothes—they followed a gentleman to Whitehall-place—he went into a house—they waited ten minutes, and then went away—I lost sight of them for some time; at last I saw them in St. Martin's-lane—they noticed the prosecutor, and followed him to Northumberland-house—I saw them all three go close to the prosecutor, Dooley's hand came from the prosecutor's pocket, and he put something into his breeches-pocket, and walked away—I told Walker to go after him—I took Holmes, and went after the prosecutor, and asked if he had lost any thing—he said yes, his purse—the third one got away.
CHARLES WALKER (police-constable A 78.) About half-past three o'clock I saw the prisoners go up Whitehall-place—we lost sight of them—we afterwards saw them in St. Martin's-lane—they met the prosecutor, and followed him to Northumberland-house—I saw Dooley take his hand from the prosecutor's pocket, and put something into his right-hand breeches-pocket—I took him, put my hand into his right-hand breeches-pocket, and took this purse out—they had been in company, and appeared to be assisting each other.
Holmes Defence. I went into the City, and, coming back again, just as I got past Northumberland-house, I was standing waiting for a coach to pass, when the policeman caught hold of me—he said, "Come along;" he hurried me along.
DOOLEY— GUILTY . Aged 17.
HOLMES— GUILTY . Aged 21.
Confined Twelve Months.
WILLIAM BISIKER . I am a butcher, and live in Brick-lane, Old-street, St. Luke's. The prisoner was my servant—I paid him weekly—he boarded in the house, but did not sleep there—I entrusted him to receive money on my account—he ought to account to me for it when he came back.
Cross-examined by MR. PAYNE. Q. Are you quite sure you paid him? A. Yes—I was in the habit of paying him frequently.
Cross-examined. Q. Are you quite sure you paid him? A. Yes—he was in the habit of coming.
(The prisoner received a good character.)
GUILTY .—Aged 16.—Recommended to mercy.— Confined Two Months.
OLD COURT.—Tuesday, October 26th, 1841.
Second Jury, before Mr. Recorder.
2545. JAMES FOY was indicted for feloniously and knowingly uttering, on the 31st of August, a forged request for the delivery of 1 copper kettle, and 1 iron saucepan, with intent to defraud Henry Sandford: also for uttering three other forged orders for the delivery of goods, on the 11th September, 21st September, and 25th September, with like intent; and that he had been before convicted of felony; to all which he pleaded
GUILTY . Aged 31.— Transported for Ten Years.
NOT GUILTY .
NOT GUILTY .
GUILTY . Aged 23.— Confined Two Years.
WILLIAM READ . I live at Greenford-green, near Harrow, Middlesex. I rent a little land there, and am a jobber in hay and straw. On Friday, the 24th September, I left my gelding safe at home about half-past eight o'clock, when I started to come to Covent-garden—I missed it on the Sunday morning following—I have since seen it at Achelor's yard, in Sharp's-alley.
WILLIAM WATSON . I live in Collingwood-street, Christchurch, Surrey, and am waterman on the stand on Holborn-hill. On the 25th September, about four o'clock in the morning, I saw the prisoner coming down Holborn-hill, leading a horse—I asked what he was going to do with it—he said he was going to take it to the knacker's—I asked where he brought it from—he said, "From Harrow"—I said, "What do you ask for it?"—he said, "Fifty shillings"—the sinews of the horse were stabbed and cut
through, and I asked how it was done—he said the horse got loose, and it was done by a chaff-knife—I said, "You will take two guineas for it?" he said, "I will," and I bought it for two guineas—I said, "If you will wait here I will get the money for it presently"—I took him along with me to Achelor's, a knacker's—Achelor was called up, and said, "I don't like this horse," and said to the prisoner, "Do you know any body about here?"—he said, "O yes, I know all the master drovers about Smithfield"—Achelor named a great many, and he said he knew them all—we went to one whom he did know—the man looked out of the window, and said he knew the prisoner very well, it was all right—Achelor gave him two guineas for the horse, and he gave me 1s. 6d. for my trouble in taking it there—I did not mean to buy it for myself, I only thought to get 1s. 6d. or 2s. for my trouble—I had seen the prisoner a good many times coming down Holborn-hill—the horse was fit for nothing but the knackers—it was cut most villanously—I asked him whether he bad been stopped—he said be had at Paddington station, but they knew him so well there that they let him go on—he said he had brought the horse from Mr. Bliss, of Harrow, who had strated him at nine o'clock, because the horse would not walk more than a mile an hour.
JOHN ACHELOR . I am a knacker. The prisoner and Watson came to my yard between five and six o'clock in the morning of the 25th September—my son called me up, and I looked at the horse and said, "I don't buy horses of strangers so early in the morning"—I have known Watson twenty years—he said, "It is all right, I bought it for two guineas"—I said "How came the wounds on the horse's legs?"—the prisoner said be got loose, got against a chaff-knife, and cut himself—I said, "Do you know any body about here?"—he said he knew plenty of master-drovers, if it was market-day—I asked him if he knew Mr. Francis, a drover, a neighbour of mine—he said, "Yes"—he went with us there—I told Mr. Francis he had brought a horse to be slaughtered, dreadfully cut on the foreleg, did he know him—he said, "Oh yes, I have known him very well for years; it is all right," and I then paid him for the horse.
Prisoner's Defence. I never stole the horse—I was employed to sell it by a man who comes to Uxbridge fair—I know him by sight, but not by name—if I had time given me, I could find him—he told me he had it from Mr. Bliss, of the Crown and Anchor.
GUILTY .—Aged 40.
it field in Drayton-green—I shut the gate, but there is no fastening to it—I went again to the field at six o'clock to put the cow in—I did not see the pony then.
DANIEL RACKLIFF . I live in the Uxbridge-road, near the Green Man public-house. On the 15th September I sent my little girl with my mare pony to the field—I did not see it again till it was at Guildhall, eight or nine days after—it had then been stabbed in the side and the short rib.
JAMES LAMB . I am a chimney-sweeper, and live at Kilburn. On the Thursday morning, 16th September, about half-past seven o'clock, I saw the prisoner leading a mare—he asked if I could tell him where there was a horse-slaughterer's—I said there was none in our village, but there was one a mile and a half off at Paddington—I asked why he wished it killed—he said some one had stabbed it—I found a large wound, which I could put my hand in—it was quite fresh done, and was bleeding—I asked where it was done—he said he had turned it out on Roxley-heath common, and some one had done it in the course of the night out of spite to him—I said I did not consider the entrails were hurt, and persuaded him to take it home again—he said he had taken it to a farrier's in the neighbourhood, who had probed the wound to a great depth, twelve or fourteen inches, measuring it on his arm, that he had said the entrails were cut, and he had better dispose of it—he said he was a poor man, and could not do without a horse, he must make the best he could of it, put some more money to it, and buy another—I called Mortimer, my neighbour, across, and his opinion was the same as mine, that the entrails were not cut, and advised him to take it home—the prisoner went away towards Paddington—I afterwards saw the same pony at Guildhall.
JAMES MORTIMER . I was in company with Lamb—the prisoner told me the pony was his, and he had brought it from Roxley-heath, that he had had it some time, and gave 30s. for it, and that it was very poor when he bought it—he asked me what I thought it would fetch at the horse slaughterer's—I said, "From 25s. to 30s."—he said he should not care if he could get 30s. for it—I said I would give him a sovereign for it, and some steak for his breakfast—I bought it—I afterwards offered it for sale at Smithfield—it had partly recovered from the wound—I had sewed it up, and it burst again—I was told at Smithfield that it was stolen, and I was given into custody.
WILLIAM NEWMAN . I was present when Mortimer bought the horse—the prisoner said he was going to take it to the horse slaughterer's, as it had been stabbed over night—Mortimer persuaded him to take it back again, and said it would recover—he at last sold it to Mortimer for 20s.
WILLIAM LAWRENCE . I am a police-inspector at Han well. In consequence of receiving a description of the prisoner I apprehended him at Hanwell, where he lives, which is five miles from Harrow—I told him I wanted him, and took him to the station—I then charged him with stealing the horse from Rackliff—he said he knew nothing at all about it, and had never seen it—I saw the horse at Guildhall, and Rackliff identified it—it was from the description of the prisoner from the three last witnesses I apprehended him.
GUILTY . Aged 40.— Transported for Fourteen Years.
NEW COURT.—Tuesday, October 26th, 1841.
Sixth Jury, before Mr. Common Sergeant.
2551. THOMAS STURN was indicted for stealing, on the 21st of October, 1 basket, value 1s. 6d.; 1 bottle, value 1s. 6d.; and 3 gallons of whiskey, value 1l. 18s.; the goods of Henry Ward Farres and another.
HENRY WARD FARRES . I have one partner—we are wine-merchants, in Old Fish-street. I missed this property on the 21st of October—I have looked at the spirits in the bottle produced—I put them in myself, and it has my seal on it—I missed it in less than five minutes before the prisoner was brought back with it.
EDWARD PALMER . I am carrier to Mr. Davis, of Knight Rider-street. On the 21st of October I was standing at his gate—I saw three persons go by—the prisoner was the last of them—he stood nearly opposite the prosecutors' place—one of the others brought this basket away, and went up Old Change—the prisoner went after him—I went up a court, came round again, and met the prisoner with the basket on his shoulder—I took him back with it—he had got about a hundred yards from the prosecutors'—I saw them all together before the transaction.
Prisoner. A man asked me to carry it. Witness. I saw a lad take it from the premises.
WILLIAM BURGESS . I saw the prisoner walk across the road, and take this from the shelf—I had seen him before, in company with the others—they went towards the prosecutors, two of them on one side and two on the other, in sight of the house—one of them took it, and gave it to the prisoner.
GUILTY . Aged 27.— Confined Six Months.
WILLIAM TERRY . I am ship-keeper of the Columbia, in the East London Dock. On Wednesday, the 29th of September, I left the vessel about, six o'clock in the evening—I returned about five minutes after six the next morning, and found the skylight broken—I went into the cabin, and missed this piece of canvas from under my bed, where it was when I went on shore the night before—I gave information—the next evening the prisoner was caught with the canvas on the east quay—it belonged to George Stothard and others, of Wapping-wall.
THOMAS BROWN (police-constable H 63.) I was called on board the Glen Huntley, about a quarter past eight o'clock in the evening, and found this canvas near the galley on the deck—the prisoner was close by—I asked him who it belonged to—he said his mate—he had no business on board the vessel—he said his vessel had been robbed—he had a gun and other things, he said the gun belonged to his captain, and the cap to himself.
GUILTY . Aged 20.— Confined Six Months.
(There was another indictment against the prisoner.)
JOHN NEWPORT . I am foreman to Mr. William Wilcox Martin, a provision-merchant, in Upper Thames-street. About one o'clock, on the 21st of October, this half-firkin of butter was taken—I had seen it about half an hour before.
HENRY GUY . I am a labourer, living in Villa-street, Walworth. About a quarter before one o'clock I saw a young man, in company with the prisoner and another, take the butter from the prosecutor's premises—the prisoner was walking backwards and forwards in sight of the house—the young man took it to a short distance, and the other two parties followed him—then the prisoner took it of the one that stole it.
Prisoner's Defence. It was about six hundred yards before I got hold of it; when they gave it me they ran away.
GUILTY . Aged 20.— Confined Six Months.
2554. GEORGE COLLINS was indicted for stealing, on the 19th of October, 1 purse, value 1s.; 2 rings, value 2d.; 8 sovereigns, 1 shilling, 2 sixpences, and 2 groats; the property of Thomas Fuller Walker, from his person.
THOMAS FULLER WALKER . I live on Woolwich-common. At a quarter past two o'clock, on the 19th of October, I was walking down Fleet-street—I felt something at my right-hand coat-pocket, where I carry my purse—I felt down, and my purse was gone—I saw the prisoner turn down Water-lane—I followed him—when I began to run he ran immediately—I called "Stop thief—he turned to a street leading to the Temple, then went into the White Friars glass works—I met him coming out, and charged him with it—he said he knew nothing about it—the purse was found at the glassworks within two minutes—no one else had been there—it contained eight sovereigns, one shilling, two sixpences, and two groats—I have no doubt of this being my purse.
GUILTY . Aged 19.— Confined Three Months.
2555. WILLIAM JOYCE was indicted for stealing, on the 18th of October, 20lbs. weight of beef, value 9s., and 1 cloth, value 1s. 6d.; the goods of Thomas Curtis; and that he had been before convicted of felony.
THOMAS CURTIS . I am a butcher, and live in Milbank-street, West-minster. I missed some beef from my cart, about seven o'clock, on the 18th of October, in Ave-Maria-lane—it was found on the prisoner the same day, in the cloth—it is mine.
CHARLES NORRINGTON . I live in Ave-Maria-lane. I was in my master's shop, and saw three lads about the cart—the prisoner was one—one of them took a piece of beef—I followed them through Stationer's-court—I then laid hold of the prisoner, who was carrying it—he was not the one who took it—I gave him in charge.
Prisoner's Defence. I was in Skinner-street, trying to get a job, and coming through that lane a young man said he would give me 4d. to carry it.
GEORGE MARSH (police-constable F 8.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person—he had two months' imprisonment.
GUILTY . Aged 17.— Confined Six Months.
HENRY JAMES BUTLER . I am in the employ of Thomas Herd, of Blackfriars-road. On the 6th of October, between seven and eight o'clock I missed the carpet produced, which is my employer's—I had seen it safe about seven.
Cross-examined by MR. PAYNE. Q. Where was it? A. Against the door-post—a person could take it without coming inside.
GEORGE MARVIN . I live in Church-street, Black friars-road. I was at my master's door, in Church-street—I saw some man bring the carpet round the corner—the prisoner took it from his shoulder, and I followed them over the bridge—the prosecutor's shop is three doors from Church-street—I first saw the prisoner in Church-street, and the other man brought it round the corner—I did not see any one with the prisoner—I called a policeman.
Cross-examined. Q. Where is your shop? A. Five doors up the street—I did not see a policeman on the other side of the bridge—I was not acquainted with the policeman to whom I gave the prisoner—I never saw him before—I gave information to the policeman, and went back to my shop—I did not see the man taken.
Cross-examined. Q. Do you know Marvin? A. Yes, since the 6th of this month—I took the prisoner on the pavement in Bridewell—I asked him how he came by the carpet—he said some one gave it him to carry—he did not point out any one, nor say where he was to take it—I did not ask him.
(James James; Charles Simpson, of Saffron-hill; Henry Sims, a harness-maker; John Shaw, a saddler; and Frances Tyfield; gave the prisoner a good character.)
GUILTY .* Aged 27.— Transported for Seven Years.
2557. HENRY PRICE was indicted for stealing, on the 30th of September, 2 wrappers, value 4s., and 2 pieces of wrapper, value 6d., the goods of John Bouch and others, his masters; and JOHN PUNCH-ARD , for receiving the same, well knowing it to have been stolen; against the Statute, &c.
MR. CLARKSON conducted the Prosecution.
JAMES BAKER (City police-constable, No. 449.) I was on duty in Bread-street, on the morning of the 30th of September—I had noticed some things, which induced me to watch—I saw Price, about eight o'clock that morning, come out of Luck and Co.'s with a brown parcel—I set a lad to watch—I saw him again, about eleven, come out with some parcels—he went to Punchard's, who is a marine-store dealer, in Bread-street-hill—I looked through a pane of glass in the window—I saw Price give this parcel to Punchard—it was tied up tight with this rope, so that I could not see what was in it—Punchard took it into his possession, and handed Price some halfpence—he did not untie the parcel, or weigh it—I went in, and asked both of them whose property it was, and what they bad got there—neither of them made any answer, but Punchard shot some paper out of a bag, threw the bag at Price's feet, and said, "Here is your bag"—the bag was lying in the shop—the wrappers were lying on the counter, close against Punchard—Price did not take that bag into the shop—he had two brown paper parcels—I searched Price, and found on
him a 6d. and 2d.—there are the initials of L B C on the wrappers—there are pieces of wrappers as well as whole wrappers—I took Price into custody, and opened the parcel to see what was in it—I saw the initials of his employer, and took him to the station—I fetched Mr. Bouch to identify the property—I then apprehended Punchard, and after that I searched his premises, and found these wrappers underneath his counter, and these among some bags in the shop—there was nothing else there.
Cross-examined by MR. PHILLIPS. Q. About what was the value of the paper shot out of the bag? A. I cannot say—they were little pieces—these wrappers were not untied till I untied thorn—it was three-quarters of an hour before I went back for Punchard—he had time to have made away with these things.
COURT. Q. Can you say whether the 6d. might not have been paid with the 2d.? A. It might.
JOHN BOUCH . I am one of the partners of Luck, Bouch, and Co. Price was in our employ—these are wrappers in which goods come conveyed to us—they are worth about 4s.—that is an undervalue—I did not authorize my servant to take them to sell—the others are also my property.
Cross-examined. Q. Is Price a porter? A. Yes—we were allowed no perquisites, except pieces of rope—the last sale before this amounted to half-a-crown—Price used to sell them, and used to carry away the pieces of rope and perquisites in wrappers—sometimes he used to bring back the wrappers in a few days.
MR. CLARKSON. Q. Did you ever know the persons in your master's employ to be authorized to sell wrappers or pieces of wrappers? A. No, I never knew of their taking wrappers tied up in old wrappers—the perquisites are short pieces of rope.
JOHN BOUCH re-examined. Q. Do you know of the custom of the porters to sell pieces of ropes? A. No, only the sweepings of the ware-house, small pieces of printed goods, and patterns used by our travellers, things of no value.
Cross-examined. Q. Were you aware that Price used to take these away in wrappers for three or four days? A. I was not.
NOT GUILTY .
2558. JOHN PRICE was again indicted for stealing, on the 20th of September, 4 wrappers, value 8s.; the goods of John Bouch and others; and JOHN PUNCHARD for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.; to which
PRICE pleaded GUILTY . Aged 28.—Recommended to mercy.
Confined Three Months.
MR. CLARKSON offered no evidence against Punchard.
NOT GUILTY .
Cross-examined by MR. BALLANTINE. Q. What mark is on it? A. No mark at all—I have no other of the same kind—I lost it on Sunday, and saw it on the Tuesday following.
GEORGE DUDLEY . I am a stoker to a steam-boat. About twelve o'clock that night, I was in Fleet-street—I saw the prisoner take the handkerchief from the prosecutor's pocket, wrap it round his band, and put it in his bosom—I called to my mate to look out for the prosecutor—I seized the prisoner—he got from me—I followed him—the policeman found the handkerchief—I did not see him throw it away—he crossed the road, down a street opposite—the handkerchief was found opposite where the policeman took him.
Cross-examined. Q. You did not know the prosecutor? A. No, I cannot say that he is the person I saw the handkerchief taken from.
COURT. Q. You sent your friend after him? A. Yes, but he did not go, he raised the cry of "Stop thief—the prosecutor heard it, and re-turned, but he lost sight of us in pursuing the thief.
CORNELIUS DOLOHARTY (City police-constable, No. 367.) I took the prisoner in Bouverie-street—I found the handkerchief in an area within two yards from where I took him—I saw him run out of Fleet-street.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Three Months.
MR. PHILLIPS conducted the Prosecution.
THOMAS STREET . I am a smith, living at Streatham. The prisoner used to call for orders for Mrs. Norton, a coal-merchant. On the 4th of last March he called on me for orders, and I paid him an account of 3l. 4s.—this is the receipt he wrote—the bill had been sent to me before.
ANN ELIZABETH NORTON . I am a coal-merchant on my own account. The prisoner was in my employ—it was part of his duty to collect debts—if he received from Mr. Street 3l. 4s., it was his duty to enter it in the cash-book kept by him—there is no entry of 3l. 4s. received from Mr. Street—Messrs. Twinings are my bankers—he did not always mention what he was going to pay in to them—he never accounted to me for 3l. 4s. as received from Mr. Street—it was his duty to tell me he received it—he then generally kept it till he had a sufficieut sum to give to the bankers.
NOT GUILTY .
MR. PHILLIPS conducted the Prosecution.
ANN ELIZABETH NORTON . I received this bill from a customer named Dowell—the prisoner was in my service—I placed this bill in an iron safe on the 18th of April, till I had more, to go to my banker's—the prisoner had access to that safe—I missed it on the 2nd of May—I asked him where it was—he said he did not know—I am sure of that—I told him I missed it—I made inquiries in town of a person who I suspected the prisoner had taken it to—my inquiries were unsuccessful—I was making inquiries
for two or three days—he afterwards told me Griffiths had it—I knew Griffiths—I did not give the prisoner authority to go to him to borrow money—I desired the prisoner to go and get the bill—it at last was returned to me as dishonoured.
Prisoner. Q. Was it customary to take bills to be discounted? A. They went to the banker's to be discounted—we should not have sent one bill alone—you took a bill to Mr. Button's, in Fetter-lane, to Stevens and Norton after this.
COURT. Q. Had he any authority to take this bill to any one? A. No.
ROBERT GRIFFITHS . I am a coal-merchant, carrying on business at Nine Elms. I knew the prisoner was in Mrs. Norton's service—he has borrowed money of me, which he represented as borrowing for Mrs. Norton—he borrowed to the amount of 109l. 13s. 6d.—I saw this bill of exchange first on the 24th of April—the prisoner brought me this and another to discount—I paid it away—I gave him the whole amount—there was 3s. discount, something less than the usual charge—he was to have the money for it—I did not pay him all at once—I very likely paid him 2l. on the 24th, 10s. on the 28th, on the 29th of April, 3l., on the 6th of May 1l., on the 15th, 2l.—he paid me on the day he brought these bills, 14l. he owed me, which he had borrowed, as for Mrs. Norton—he then said, "I have two little bills, if they are of any use to you, you can give me the money in a month or so"—he would call at the Wharf, and say, "I want 10s. or 5s., or a 1l."—I do not know that he always said it was for Mrs. Norton, but it was understood so—the bill was dishonoured—the prosecutrix had to pay it.
Prisoner. Q. Do you recollect a conversation respecting my borrowing money of you? A. Not particularly—I said I lent money to you in Mrs. Norton's presence, Mrs. Norton believing that I owed the money.
COURT. Q. Did you believe he came to you time after time to borrow 5s. or 10s. for her? A. No—he would come, and say, "I have got no silver, will you lend me 5s. or 10s.?" which was part of the amount.
CHARLES BURROWS (City police-constable, No. 355.) I apprehended the prisoner—a few days after, as we were going to the Justice, he said, "I suppose as this is done I must submit to it?"—in coming back, I said to him, "There is a deal of money seems to be lost somewhere, you give no account of it"—he said, "In fact I have spent it in the business"—I cannot repeat what he said at the station-house—the attorney was there—(looking at his depositions)—he said he must submit to it—what I said before the Magistrate is true—(deposition read)—"I took the prisoner in Chancery-lane, on the 14th of this month—the prisoner said it was done, and he must submit to it."
Prisoner. Q. Did not that conversation occur in Fleet-street? A. No.
ANN ELIZABETH NORTON re-examined. I did not authorize the prisoner to go to Mr. Griffiths, or to discount this bill, or take any money for it whatever—as far as I know I did not receive any benefit from the bill.
Prisoner. The bill was taken, as others have been, to discount, and when we wanted money, it would be applied to Mrs. Norton's use—I had small sums to pay away to the men for loading—the larger sums were
paid to the banker's; and as Mr. Griffiths was in the habit of lending money, and had it, the books would show it was spent in Mrs. Norton's service.
MRS. NORTON re-examined. I always gave the prisoner a cheque on Saturday night to pay the men—he always had cheques for what he wanted.
GUILTY . Aged 40.— Transported for Seven Years.
GUILTY . Aged 20.— Confined Six Months.
MR. BODKIN conducted the Prosecution.
HARRIET CARTWRIOHT . I am barmaid to Mr. Connolly, who keeps, the Angel public-house, Marylebone-lane. The prisoner came to the shop in the afternoon of the 14th of October, with another female—I served her with a pint of beer—she gave me a shilling—I gave her change, and put the shilling on a shelf at the back of the counter—there were some sixpences there, but no other shilling—I showed it to my master about ten minutes after—the prisoner came to my master's again the next day, and had half-a-quartern of gin—she gave me a bad shilling—I sent for my master, and gave him the shilling—the prisoner was taken—I am sure she was the same person who came the day before.
Prisoner. You took the shilling, and it was the other person paid it. Witness. You are the person who put it down on both occasions.
WILLIAM EDWARD CONNOLLY . I keep the Angel public-house. On the 14th of October my servant gave me a shilling, which I discovered to be bad—on the 15th I found the prisoner in my house—I received a bad shilling on that occasion from Cartwright—I gave it to the constable—I told the prisoner she had been there before, she denied it.
Prisoner's Defence. The woman asked if I would see her home; I said, "Yes"—in going past the house she asked if I would have any thing to drink; I said, "Yes," but I had no money; she said she had 1s.; on the second day I met her again; she asked me to go with her, and we went there again.
GUILTY . Aged 21.— Confined Six Months.
SAMUEL BAKER MORRIS . I keep a lace and hosiery warehouse, in Maiden-lane. About half-past four o'clock, on the 20th of October, 1 was in my cellar, and I heard some one in the warehouse—I went up stairs, and saw the outer door closing—when I got to the door I saw some one going out—I went to the street-door, and saw a man going up the street,
with a number of boxes under his arm—a neighbour called my attention to it—I went after him—he said, "Do these things belong to you?"—I said, "I don't know"—I then went on, and saw the prisoner with a quantity of bobbin-nets under his arm, which I had seen safe five minutes before.
Prisoner's Defence. Two men were crossing the street, one seemed master of the other; he asked me if I would go with his man to take a parcel; I said I did not care; he took me round Maiden-lane; one of them went into the prosecutor's shop, and told me to wait outside; he came out, and said to the other, "Go and fetch the things." He gave me these things, and I went on.
GUILTY . Aged 25.— Confined Six Months.
GUILTY . Aged 18.— Confined Six Months.
JOHN CHARLES HACKETT . I am a chairmaker, in Eldon-street, Finsbury. Between seven and eight o'clock in the evening of the 18th of October, I was in Cheapside, near Wood-street—I saw the prisoner take the handkerchief from the prosecutor's pocket—I gave him to a policeman—I saw the prisoner drop the handkerchief, which the prosecutor claimed.
Prisoner's Defence. I never was in trouble in my life; I saw the handkerchief lying down, and took it up.
GUILTY .* Aged 19.— Confined Nine Months.
OLD COURT.—Wednesday, October 27th, 1841.
Third Jury, before M. Sergeant Arabin.
2567. RICHARD NEALE was indicted for breaking and entering the dwelling-house of Mary Bryan, on the 4th of October, at St. Luke, with intent to steal, and stealing therein, 2 gowns, value 20s.; 1 petticoat, value 1s. 6d.; 1 pair of stays, value 3s. 6d.; 1 pair of shoes, value 3s. 6d.; 2 shawls, value 6s. 6d.; 2 shillings, 3 sixpences, 1 threepenny-piece, 12 pence, and 12 halfpence; her property.
MARY BRYAN . I am single, and live in Graham's-buildings, St. Luke, in the parlour; the landlord does not live in the house; the prisoner lodged with a woman who lives on the second floor. On Monday night, the 4th of October, I went out at ten minutes past eight o'clock, and left my room-door locked and every thing safe—I took the key in my pocket—I returned about ten, and found the door safe, but the window was broken—I missed all the articles stated in the indictment, and 5s. 3d. in money—the articles produced are them.
about half-past eight o'clock, I stopped the prisoner in Crown-street Finsbury, carrying this bundle—I was in disguise—I told him I was a policeman, and asked what he had in his bundle—he said, two gowns he had brought from Bunhill-row—I said, "What number?"—he said then, "Graham's-buildings," and that he was taking them to the Green Dragon public-house, Half Moon-street—I took him to the station.
Prisoner. He took me to the tap-room of the Green Dragon, but did not give me time to see the young woman who gave it to me. Witness. I let him go where he liked to look for her.
Prisoner. It was given to me by Mary Garrett.
GUILTY . Aged 19.— Confined Six Months.
2568. WILLIAM STEVENS was indicted for feloniously and knowingly uttering on the 5th of October, a forged request for the delivery of two bolts of canvas, with intent to defraud Thomas Hill and another.
WILLIAM HILL . I am a ship-chandler, and live at Wapping-wall, On the 5th of October, about one o'clock, the prisoner came to me and asked if Hill was in—I asked what he wanted—he said two bolts of canvas—I asked him what sort—he said he had a written order, which he handed to me, and it not being in the regular form, I said we did not do business with a person of that name—he said, "Yes, it is correct, we had a bolt of canvas on Friday, which I paid you for"—I referred to the book, and it was not the case—I said, "Wait a few minutes till the foreman comes in, I will inquire about it"—he said, "I will get a pint of beer, and return in a few minutes"—I went to the door, and watched that he should not go away—he returned in a few minutes, and asked if the foreman had come in—I said yes, and sent the foreman with him to St. Katherine's Dock to see if there was a ship named the Tropic—I had never seen the prisoner before—(order read)—"Mr. Hill, Please let the bearer have two bolts of canvas for the Tropic, Captain Smith, lying at St. Katherine's Dock. Mr. Daniels, Owner, 3, Lombard-street."
NOBLE BLANC FORBES . I am foreman to Messrs. Hill. I went with the prisoner, by Mr. Hill's direction, to go to St. Katherine's Dock—on the way he said, "You had better have brought the canvas, it would save you the trouble of sending them afterwards"—I said I could bring them—when we got to Wapping church he wanted to turn down there—I said I must keep with him—when we got further he said, "Now you have come so far, you shall have a run for me"—he ran off—I pursued and caught him—he said if I did not let him go he would cut my hand off—I requested him to go with me to the station, which he did.
JACOB HUBBARD . I am a publican. The prisoner came into my house on the 5th of October, at one o'clock, and asked for a sheet of writing-paper, which I gave him—he went into the tap-room with it—I did not see him write on it—I have no doubt this order is written on part of the paper I gave him.
FREDERICK PICKERING . I am a policeman. I took the prisoner on the 5th of October, and on searching him I found the remainder of the sheet of paper on him—he told me he found the order opposite Mr. Hill's, and took it in to him.
ARTHUR CECIL DANIEL . I am clerk to Manac and Company, No. 3, Lombard-street. I know nothing of this transaction—the order is not my writing—it is not spelt as my name is—it is not the writing of any of the firm.
Prisoner's Defence. I picked it up and gave it to Mr. Hill; what the foreman says is quite false.
GUILTY . Aged 22.— Transported for Seven Years.
(There was another indictment against the prisoner.)
Before Lord Chief Baron Abinger.
2569. JOSEPH KEMP and PHILIP SAMPSON were indicted for that they, on the 4th of July, upon George Noble, feloniously did make an assault, putting him in corporal fear, and danger of his life, and stealing from his person, and against his will, 1 watch, value 3l.; 1 watch-chain, value 1s.; 1 watch-key, value 6s.; 1 seal, value 14s.; 1 handkerchief, value 7s.; and 2 shillings; his property: and immediately before, at the time of, and after the said robbery, feloniously beating, striking, and using other personal violence to him.
GEORGE NOBLE . On the 4th of July, about eight o'clock in the evening, I was passing through West-street, Smithfield, and was seized by a party of men, of which the prisoners are two—they came up, seized me, pinioned my arms, and the prisoner Sampson then took my watch from my fob, while Kemp held my right arm, pinioning me—I got my arm loose, and took hold of the seal and chain of the watch, which was in his hand—Kemp seized my arm again, and Sampson pulled the chain and seals through my hand—I was struck in the mouth by one of the party, which made it bleed—I could not swear to the person who struck me—it was done at the same time—there were six or seven people about me—they thronged close on me—they then ran away, taking my watch with them—I lost a silk handkerchief from my pocket, which was safe when I entered the street—I missed it directly the policeman came up to me—I have not found my watch.
Cross-examined by MR. PAYNE. Q. Had you ever seen Kemp before? A. No—it was a light evening in July—I did not see him again till he was at Hatton-garden—I cannot say who struck me the blow—it was all done together—it only lasted about a minute—I was in company with Thomas Loader, who was on before me—I am a cabinet-maker—I was sober—Kemp held my right arm—I am quite satisfied of Kemp—when he seized my arm a second time, he turned round and faced me—I recognized him the moment I saw him, and can swear positively to him.
Cross-examined by MR. BALLANTINE. Q. Have you charged other parties with being concerned in this? A. No—there was a woman taken by Elliott, the policeman, on suspicion, but not by me—I saw no woman present myself—I had said nothing of a woman being concerned—I saw Sampson at Tothill-fields prison about five weeks ago, or rather better—Elliott took me there—I had not seen him since the robbery—I had not the least doubt about him at Tothill-fields—I cannot recollect what I said there, but I recollected him directly I saw him—I did not express any doubt there that I know of—I did not express a doubt about him, nor had I any—Elliott did not point him out to me, for when he came round, Elliott was in one part of the yard, and I in another.
COURT. Q. Were there other men there as well as him? A. Yes, all the prisoners were sent out in the yard—nobody pointed him out—I knew him directly, and swear to both parties.
THOMAS LOADER . I was passing through West-street about eight o'clock in the evening of the 4th of July with the prosecutor—lie was on one side of the street and I on the other, I was a little in advance of him, when he was hustled by several men—he was driven back to the side on which I was—I am positive he had the watch when he entered the street, as I saw the seal hanging out—I did not see his watch taken from him, but heard him call for assistance—being in advance of him I ran back, but before I got up the party had left him, and were making their escape—he directly informed me of his loss—a policeman came up at the same moment, and the prosecutor informed him he had been robbed—I cannot identify the parties, as they were running away when I got to him.
Cross-examined by MR. PAYNE. Q. Which way did they run? A. They ran in two different directions—I believe the policeman came up at the same time as me.
Cross-examined by MR. BALLANTINE. Q. Was there a woman among them? A. There was a woman standing at the corner of a court—I do not remember seeing a woman among them—I went to Tothill-fields with the prosecutor to see Sampson—he was brought round first with the other prisoners, and was afterwards brought to the gate to us by the name of Philip Sampson—he was not pointed out to us—I cannot say whether it was then that the prosecutor recognized him—we were in the lobby or hall, and the prisoners were paraded round—he was brought to the gate by himself for us to see him—I had seen him before come round with the others.
MR. BALLANTINE. Q. Before he was brought to the gate had he been recognized? A. Not that I am aware of—I cannot recollect whether the prosecutor recognized him at the gate—I do not remember hearing him recognized.
ELIZA CALE . I was standing at my door in West-street, with my baby in my arms—I saw the prisoners, Sampson and Kemp, go up and Kemp take the prosecutor by the right arm—the prosecutor's friend came to his assistance from the opposite side—I saw Sampson snatch the prosecutor's watch from his right side pocket, and give it to Kemp, who then ran down Black-boy-alley—Sampson immediately followed him down the alley—I was nearly close to them—the other two ran towards Saffron-hill—there were four in number at first—the prosecutor's friend came up to him before the watch was taken, and the whole of them set on both of them—they had no power of resistance—it was a silver watch, with a yellow chain—I saw it in Kemp's hand, and Sampson's also—I think the prosecutor made a sort of trial to get the chain from him—there were four persons fell on him, but I think there were six or seven round—I knew both the prisoners perfectly well before that by sight and name—I have seen them twelve or fourteen in a gang together—Sampson went by the name of Bill Taylor—I have heard them call him by that name—I have seen him for the last eighteen months, and Kemp about the same time—I knew them directly I saw them go up to the prosecutor, and thought they were going to rob him—I swear they are the men.
Cross-examined by MR. PAYNE. Q. When did you first give an account of the transaction to any body? A. I told my husband of it, and told the policeman—my husband is a City policeman—I was three or four yards off—I did not tell the policeman which way they went, because he went after them—I saw him go up to the prosecutor—his friend went with the policeman in search of them—the policeman came to me when he had taken the
prisoners, and said he understood I knew about it—I did not give him an account of it till then, because it is such a desperate neighbourhood, I was afraid—I saw them both together once since in Farringdon-street, but was afraid to give information, the neighbourhood is such a desperate place—we have lived there eighteen months, but at the City end of it, which is not where these characters live—I never quarrelled with them—I never spoke to them—I am not mistaken in them—it lasted two or three minutes—I saw them sideways.
Cross-examined by MR. BALLANTINE. Q. You knew Sampson as Taylor? A. Yes, I had heard him called so by the people about—I was very near them—they might have seen me—Kemp ran by me with the watch in his hand—I saw Sampson a few days after in Farringdon-street, but was afraid to give information—Elliott said if I did not appear here to-day he should summon me.
CHARLES ELLIOTT . I am a policeman. On Sunday, the 4th of July, I was on duty at the bottom of West-street—I saw a scuffle with six or eight people—I immediately ran up and saw Kemp holding the prosecutor by the right arm—there was a cry of "Police"—I saw Taylor and Kemp run towards Black-boy-alley—there was something yellow hanging out of the hand of Taylor, alias Samson, which appeared to be a watch-chain—I knew both the prisoners before—I have seen them frequently—Sampson always went by the name of Taylor before—I saw Kemp holding the prosecutor's arm, and a scuffle, and heard a cry of "Police"—I pursued them to the end of the alley, but did not overtake them, as the prosecutor caught hold of my arm and said he was robbed, or I might have apprehended one on the spot, but that stopped me—I said, "I Know you are robbed of a watch"—I did not see Kemp again till the 17th of September, when I apprehended him, and took him to Rosoman-street station—I applied to the prosecutor the same evening—he knew him when he saw him—I saw Sampson about the 18th or 19th September, at Tothill-fields, by the name of Philip Sampson—I heard he was there, and went—I knew him to be the man immediately—I took the prosecutor to see him—he was shown to the prosecutor alone in the prison dress—a turnkey stood with him, but not any prisoners—he said he believed him to be the man, but should not like to swear to him in the prison dress—his dress was not altered—I had no doubt of him.
Cross-examined by MR. PAYNE. Q. Was Kemp remanded for several days? A. Yes—I think I got Mrs. Cale up on the 17th or 19th—I was witbin eight or ten yards of them when I saw Kemp holding the prosecutor's arm—I was coming up from Saffron-hill—I did not pass Cale's house —her house is in the boundary of the City—if the prosecutor had not had hold of me, I think I might have caught one or both before they came to a railing in the alley—I am quite certain of them both.
JURY to THOMAS LOADER. Q. Did you notice whether the prosecutor's mouth bled? A. It did, and was swollen very much.
KEMP— GUILTY . Aged 20.
SAMPSON— GUILTY . Aged 22.
Transported for Life.
Before Mr. Baron Gurney.
Before Mr. Baron Gurney.
2571. GEORGE HOLDING was indicted for stealing, on the 16th of September, 1 gelding, price 7l.; 1 chaise, value 7l.; 1 set of harness, value 1l. 10s.; and 1 whip, value 6d.; the goods of James Robert Tunmer.
THOMAS MILLS . I live at Ipswich, and am agent to a bookseller. On the 14th of September last I borrowed a pony, gig and harness, of Mr. Tunmer, to go to East Burdall—I took the prisoner with me in the gig—I knew him before—I believe he has been lodging at Hadley lately—when we got to East Burdall, I went into a house to transact some business—the prisoner said he would take a drive down the road, as he wanted to see a person with whom he was acquainted—he asked how long I should take to do my business—I said, "About an hour"—he said be would return in that time—he went away, and never returned.
JOHN CALLOW . I live at Guilford-cottage, Little William-street, Islington. On Thursday, the 16th of September, I saw the prisoner in the City-road, on a pony—he called to the man who collects the toll, who I was talking to—I ultimately made a swap with him—I gave him ray pony and 2l. for his pony—he said he had had it seven months—he did not say where he came from—a person next door to me knew him, and when I had bought it, he told me he lived at Kennington—that pony has since been claimed by Mr. Tunmer.
JOHN ROBERT TUNMER . I let a gelding-pony, gig and harness, to Mills—I afterwards saw the pony in Callow's possession on the 23rd of the same month—I am sure it is my pony—I could swear to it any where—I saw the chaise and harness at Union-hall, when I was sent for to come up and identify them.
JAMES MILLWOOD . I keep the Horse Shoe public-house in Goswell-street. The prisoner came one Wednesday night in September, about ten o'clsock, and brought the gig and pony with him—I asked him next morning whether he should want the pony and gig—he said he should not want the gig, he wanted the pony to go as far as the Bank, and asked me to lend him a cloth—I said I had not got one, but I lent him a bridle and saddle—he went away with them, and never returned—I have never seen them since—the gig was left with me, and I gave it up to Mr. Tunmere.
Prisoner's Defence. I am not at all prepared for my trial, or I could have witnesses to prove that when I went to Manningtree Mr. Mills was with me, and offered the pony for sale—the landlord of the Hampshire Hog public-house there can prove Mills was in my company there, and offered the pony for sale, and he went to look at a pony which he offered to swap for—I have written to the parties, but have received no answer.
Prisoner. Q. Did you not go into the meadow and look at a pony, with the landlord and me, and want to swap for it? A. I went into a field to look at a little colt, but it had nothing to do with swapping—the landlord went to show the prisoner a colt he had got.
GUILTY . Aged 21.— Transported for Fifteen Years.
(There was another indictment against the prisoner.)
Before Lord Chief Baron Abinger.
2572. JOHN SHAPCOTT was indicted for feloniously uttering a forged request for the delivery of 5 1/2 yards of woollen-cloth, and 5 yards of silk serge, with intent to defraud John Boyd; and that he had been before convicted of felony.
HENRY TUCKEY . I am in the employ of Mr. Dewdney, who superintends a woollen-draper's shop, No. 29, Ludgate-hill. On the 25th of August, the prisoner brought an order to me, stating that he brought it from Mr. Chivers, of Eaton—I gave it to Mr. Dewdney, who authorised me to execute it, which I did—I gave the prisoner 5 1/2 yards of woollen-cloth, with a bill—he left the order with me—I had seen him previously—I did not know him to be in the employ of Mr. Chivers.
Prisoner. Q. Did you execute the order according to what was stated in the note? A. I did not, not having the silk serge by us—I did not send it—I gave the same quantity of cloth as was stated, in the note.
JAMES CHIVERS . I am a tailor, and live at Eaton. The prisoner was in my lervice, but left me on Saturday the 21st of August—I did not authorise him to get any goods for me, either when he was in my service, or afterwards—this order is not my writing—the whole of it is the prisoner's writing—I have seen him write when in my service—(read.)
JOSEPH SHACKELL . I am a police-inspector. I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark, of this Court—(read)—I know the prisoner to be the man who was convicted—I was present at his trial.
GUILTY . Aged 24— Transported for Life.
(There was another indictment against the prisoner.)
Fourth Jury, before Mr. Recorder.
2573. GEORGE RALPH and JOHN WEBB, alias James Anderson, were indicted for burglariously breaking and entering the dwelling-house of Catherine Ann Comb, about the hour of two in the night of the 9th of October, at St. Pancras, with intent to steal, and stealing therein, 22 spoons, value 8l. 1s. 6d.; 1 pair of sugar tongs, value 1l. 10s.; 13 forks, value 1l. 10s.; 2 basins, value 4s.; 1 soupladle, value 1s.; 2 knife-rests, value 5s.; 2 handkerchiefs, value 5s.; and 1 box, value 1d.; her property.
MR. PHILLIPS conducted the Prosecution.
RICHARD SHARP . I live at No. 3, Prince of Wales-court, at the back of Mrs. Comb's house, No. 45, Robert-street—there is a stable and a loft over the stable at the end of my house—a wall runs from there to No. 45, Robert-street—I am a labourer. On the 9th of October I got up at half-past two o'clock in the morning to go to work in my cow-yard—I heard something rattling on the tiles of my stable-loft—I looked out of the door, having nothing on hut my shirt, and saw the prisoner Webb on the tiles of the loft—I drew back into the house, slipped on ray boots, looked out again, and saw him stepping off the tiles on to a gate at the end of my house—I said, "Holloa, how came you here?"—he made no answer, but jumped off the gate, and rushed by me—I called a policeman to stop him—I ran out in my shirt through Robert-street, Mary-street, and William-street—I saw him in Hampstead-road—he was stopped at last—I saw him in custody of a policeman about a minute after I had seen him running along Hampstead-road—I said to him, "How came you in that yard?"—he said, "What yard?"—I said, "I will tell you what yard"—the policeman then took him away.
Cross-examined by MR. BALLANTINE. Q. How far is the roof of the house from where you stood? A. It joins the end of my house—I was four or five yards from Webb—I did not know him before—I did not lose sight of him before he was taken.
FRANCIS SCAMMERTON (police-constable S 224.) On the morning of the 9th of October, I was on my beat in the New-road, and heard a cry of "Stop thief," and saw Webb coming down William-street into Hampstead-road, without boots or shoes on—I pursued, and took him at the end of Hampstead-road—he said, "We only got over the wall, I was taken short"—Sharp came up in about a minute.
SAMUEL GILLMAN (police-constable S 76.) I was on duty in Robert-street on the night in question. About half-past twelve o'clock I heard a noise, listened, and heard two people talking together in a yard, and then saw two men walking across the yard adjoining No. 45—it was the prisoners—I saw Webb go along the roof of the shed where the witness saw him come down from—I saw the other prisoner on the top of the wall which parts the yard of No. 45 and the yard they were in—I heard him drop into the area of No. 45, and heard him afterwards in that house—I sprang my rattle, and called "Stop thief"—I saw Ralph running from the house, about ten yards from it, in Robert-street, running towards Hampstead-road—he was brought back in about three minutes by Skidmore, the policeman—I immediately identified him—I said, "You are the man I saw go over the wall"—he said, "Mind what you say, or I will get your coat off your back"—I searched him at the station, and found a small box of lucifer matches, a knife, two penny-pieces, a farthing, and a latch-key—I have not a doubt of the prisoners being the men I saw.
Cross-examined by MR. PAYNE. Q. Where were you standing at the time you saw the prisoners together? A. In Robert-street—I was getting on the top of the wall they got over, when I saw him drop into the area—I was within twelve yards of them—I was in the yard adjoining No. 45 when I saw Ralph get over the wall—I did not see him for more than a minute at the time.
MR. PHILLIPS. Q. How long was it from the time you saw him running up Hampstead-road till he was brought back by Skidmore? A. About three minutes.
JOSEPH SKIDMORE (police-constable S 160.) On the night in question, in consequence of an alarm, I went towards No. 45, Robert-street, and saw Ralph leaving the rails of the house—I cannot say whether he came from the door or area—he was turning away from the rails in a stooping position towards me—I met him and stopped him, and said, "Holloa, what is all this?"—he seemed very agitated—he said, "All right, policeman, go on, go on, you are wanted up the street"—I said I thought I was wanted there, and took him back—when we got to No. 45, I heard a voice say, "Stop him, stop him, he is in the street"—I said, "I have got him'—I took him nearer the house—a voice said, "That is him, hold him tight, I saw him jump over the wall"—I took him to the station, then went to No. 45—there was a light in the passage, and on the mat near the parlour door
I found these metal sugar basons, with the sugar lying by the side of them—I called in Roberts, another constable, to assist me—I went into the front parlour, found the cupboard thrown open, two table-cloths on the floor, a coffee-caddy open, and a spoon by the side of it—I went into the back-parlour, and I found a chest of drawers broken open, papers scattered about, and a box on the floor broken open—the back kitchen dresser drawer was open, and two empty bottles on the dresser—I found a dark lantern in the back kitchen, a pair of sugar tongs, and a silver spoon by the side of it—various other things were broken open—the back kitchen window was open, and glass taken out to enable a person to undo the catch, and the broken glass in the back area—there were marks round the putty recently made—I found another door broken open by a small crowbar—I found a button on the back area, under the broken window—I compared that button with those on Webb's coat, which had, one missing, and it corresponded with some of those on his coat.
Cross-examined by MR. BALLANTINE. Q. Were there not all sorts of buttons on his coat? A. There were two different sorts—I did not see more—there was only one deficient in his coat—I suppose they got in at the window, by breaking the glass, and out the same way.
MR. PHILLIPS. Q. Would they not have to go in the area to do that? A. Yes, they then had a wall to get over, but the constable stood there, so that they could not get away—Rogers brought me a small crow-bar next day.
GEORGE ROGERS (police-constable S 208.) On the morning after this, I discovered this crow-bar on the top of the wall adjoining the back yard of No. 45, Robert-street—I afterwards showed it to the witness.
HENRY ROBERTS (police-constable S 164.) I was called to the house about half-past five o'clock in the morning—I found a handkerchief full of plate at the foot of the kitchen stairs, tied up ready to be carried away.
CATHERINE ANN COMB . I am a widow, and live at No. 45, Robert-street, in the parish of St. Pancras. I was alarmed on the morning in question, about half-past two, by the rattle springing—I went over the house with the policemen, and found it in a state of confusion, as they have described—I occupy the whole house—these two metal sugar basons were in a cupboard in the front parlour, and the spoons in a plate-basket in a drawer in the front kitchen—I found the desks and things removed from the back parlour to the kitchen—I had fastened the back door and back window the night before—I went to bed at eleven o'clock, leaving my servant up—I have a parrot, which on seeing a stranger says, "Who are you?" so distinctly, that it has been taken for a human voice—its cage is on the top of the closet in the back parlour, where the sugar basons were taken from.
Cross-examined by MR. PAYNE. Q. Is that all it says? A. No, a variety of other things—I cannot say whether it talks in the night, as I am not up.
Cross-examined by MR. BALLANTINE. Q. Have you several lodgers? A. Yes, they are friends—my daughter and her children live with me—I recollect fastening the back door—I have examined all the articles produced —they are mine.
ELIZABETH DICKENS . I am servant to Mrs. Comb. I slept in the front parlour that night—things were disturbed in that parlour, but it did not awake me—the rattling of the chain of the street-door awoke me—I went to bed at twelve o'clock, and left every thing safe.
Cross-examined by MR. PAYNE. Q. Was the parrot in the same room as you? A. Yes, it was the first night I slept in that room.
(Thomas Russel, of New-court, Goswell-street, gave Ralph a good character.)
RALPH— GUILTY . Aged 26.
WEBB— GUILTY . Aged 18.
Transported for Ten Years.
2574. LOUISA NORTON was indicted for unlawfully, maliciously, and feloniously assaulting Thomas Reynolds, on the 29th September, and stabbing and cutting him on the right cheek and right side of the neck, with intent feloniously, wilfully, and of her malice aforethought, to kill and murder him.—2nd COUNT, stating her intent to be to maim and disable him.—3rd COUNT, to do him some grievous bodily harm.
THOMAS REYNOLDS . I am a general dealer, and live at No. 8, Great Earl-street, Seven-dials—I have known the prisoner three years, and have been in the habit of going to see her now and then at her lodging. On the night of the 28th of September, I met her in Drury-lane, between ten and eleven o'clock, and went with her to a public-house at the corner of Drury-lane—she appeared to have been drinking—I afterwards went with her to her lodging in Smith's-court, Charles-street, Drury-lane—I fell asleep there—on awaking I missed 3s.—I think it was about half-past two when I awoke—the prisoner was in the room—she awoke me by coming in, and I accused her of taking the 3s. out of my pocket—she denied it at first—I insisted on having it, and she chucked down half-a-crown—I insisted on having my money back—she ran to the door, bolted it, ran to the dresser, got a knife out of the tray, and stabbed me with it once in the cheek, and once underneath the jaw—she struck me four times—I closed on her, shoved her down, and ran out of doors, and she ran all up the court after me, beating me on the head—a policeman came to my assistance—I was bleeding very much, and lost a great deal of blood, and was very weak—I was taken to the hospital—the prisoner bolted the door before she made the attack on me, and I unbolted it when I pushed her down, to get out of the way—my head was affected from the loss of blood, and I was very faint, so that I could not make any very effectual resistance.
Prisoner. He had been drinking with me all the evening, and was very tipsy—I had a young man at home, and left the prosecutor to go home—he followed me home, and broke my door in—I do not recollect stabbing him—I was very tipsy when I did it, and am very sorry for it. Witness. I did not break her door in—I was quite sober.
MATILDA GRIFFITHS . I am single, and live in Smith's-court, Charles-street, Drury-lane. On the 29th of September, about half-past two o'clock in the morning, I was in the court, and saw the prosecutor rush out of the prisoner's room, saying "You have killed me, you have killed me," and the prisoner after him, beating him as hard as she could with both her hands—I stopped till she returned to her own room—I went to the prosecutor, and found him bleeding, I thought for death—a policeman came, and I left—I saw a piece of skin about two inches, or two-and-a-half inches long, hanging down from his right cheek—he was much exhausted from loss of blood.
Prisoner. She is a common prostitute, come here for 3s. 6d. a day. Witness. I get my living by needle-work.
and heard a cry of "Police"—I ran to the spot, and saw Reynolds leaning against the wall, bleeding profusely from a wound in his face, and the flesh of his face was hanging down—he was nearly fainting—I sent him to the hospital—I afterwards went to the prisoner's room, No. 6, Smith's-court—found a great quantity of blood on the floor, and on the dresser a knife, with wet blood all over the blade—I traced the blood through the passage into the court to where I had found Reynolds—I afterwards saw the prisoner brought from No. 3, in the court, by Russell—I asked how she came to stab the man—she said she knew nothing about it, and if he was stabbed, be had stabbed himself—her face and clothes were completely covered with blood, all through to her white petticoat.
EDWARD RUSSELL . I am a policeman. I was with Lawrence, and not finding the prisoner in her room, I went to the attic of No. 3, and found her covered with blood, sitting on a bed—she appeared to have been drinking—I told her the charge—she said nothing then, but on the way down stairs she said it was not her, and in Drury-lane, she asked if the man was dead, or if he was likely to come against her—at the station-house she was asked several times to give up a knife which she had, and she said she would keed it to cut her own throat—she afterwards gave it up—it was a penknife.
RICHARD LEWIS BEAN . I am house-surgeon at King's-college hospital, Lincoln's-inn-fields—Reynolds was brought in on the morning of the 29th of September—he had several wounds—two on the right side of his cheek, which the knife produced would inflict—I sewed up the lower one on the right cheek—the flesh was hanging down, but it was not a very serious wound—he seemed to have lost a good deal of blood—there were three wounds, and one which appeared a scratch—he left the hospital on the 1st of October.
GUILTY on the 3rd COUNT . Aged 26.— Transported for Fifteen Years.
2575. GEORGE WHITE was indicted for feloniously assaulting William Teape, on the 28th of September, putting him in fear and danger of his life, and stealing from his person, and against his will, 1 bag, value 5d.; 1 piece of printed cotton, value 1d.; and 1 pair of boots, value 19s. 6d.: and immediately before, at the time of, and immediately after the said robbery, beating, striking, and using other personal violence to him.
WILLIAM SMITH (police-constable E 151.) On the morning of the 29th of September, about twenty minutes to three o'clock, I heard a scuffle in Church-street, St. Giles's, and saw the prisoner running—I asked what he was running for—he said, "Oh, nothing particular, I am going home"—I asked what he had under his arm—he said it was his own property—it proved to be a pair of boots and a piece of calico in a bag—I took him to the watch-house—I found a lucifer box and other articles on him.
WILLIAM EDWARDS (police-constable E 50.) I was standing at the corner of Buckeridge-street, and saw Teape coming towards me up Church-street—I noticed the prisoner, who was behind him, strike him twice—he struck him on the back of his head, and knocked him down, and when he was on the ground, the prisoner ran away with the boots and bag which he took from him—it was done instantly—I went up to Teape, who appeared the worse for liquor—I went with him to the station—the prisoner was then in custody—he was in my sight when Smith stopped him.
gentleman on Blackheath—I am sober now, but my head is not right yet where I pitched against the stone—I was not able to work for a fortnight—I was knocked down and robbed on this occasion—these articles are my property.
Cross-examined by MR. DOANE. Q. Do you know Dismore's gin-shop? A. If they followed and knocked me down, it ought not to be allowed—the boots were given me to put on the tree—I never saw the prisoner in the whole course of my life—I was not drinking with him that night in the Seven-dials—I had been drinking, but not with White—I would not drink with such a thing—his knocking me down sobered me—I do not know Brady—I came from Cork—his father and mother wanted to buy my boots, but I would not sell them—I had no quarrel with the prisoner, and never saw him till he robbed me—I did not see the prisoner in a gin-shop that night—I swear I did not drink with him—I never saw him till he knocked me down—I had my bag under my left arm—I did not trust anybody with it to take care of.
MR. DOANE called
JOHN COCHRANE . I am a tailor, and live in Cecil-street. On the 28th of September I was at Dismore's gin-shop, Seven-dials, about twelve o'clock at night, and saw the prisoner there, and the prosecutor, talking together—I cannot say they were drinking together.
Q. Did you overhear any thing they said? A. No—they appeared in conversation—I knew the prisoner, and he asked me to drink—the prosecutor had a bag—he did not stay there more than ten minutes—I went there to find my brother, and we both left the house together—the prosecutor did not leave while I was there—I saw nothing done with the bag—I left them standing together at the bar—several persons were standing in the house—the prosecutor and prisoner were face to face, like persons drinking together—the prosecutor was rather intoxicated—three or four more stood at the bar face to face.
(Mary Collins, of Oakley-street; Dennis Mahoney, Margaret Mahoney, Mary Conner, and William Phipps, gave the prisoner a good character.)
GUILTY . Aged 18.— Transported for Fifteen Years.
2576. JOHN APPLEBY, alias John Young, was indicted for burglariously breaking and entering the dwelling-house of James Wilkinson, about the hour of one in the night of the 15th of October, at St. Maryle-bone, with intent to steal, and stealing therein 1 1/2 oz. weight of tobacco, value 5d.; 4 pence, and 12 halfpence; his property; and that he had been before convicted of felony.
MARY ANN WILKINSON . I am the wife of James Wilkinson; I keep a grocer's shop in Hawkhurst-street, Lisson-grove, St. Marylebone. On Friday. the 15th of October, I went to bed at half-past ten o'clock—I have some children, and a servant-girl—I was awoke in the night by a noise on the stairs—I lay and listened, and saw some person's head looking in at my room-door three times—I had a light in my room—I did not know the person first, but the second and third time he looked in I identified the prisoner, who lives at No. 7, next door to me—I got out of bed the third time, took my light, and went to the staircase—he ran down stairs—he had neither hat nor shoes on—I stood on the landing, and saw the stair-case window wide open, which he must have come in at—he ran down stairs, and went into the shop—I distinctly heard him unfasten two bolts of the shop-door, and go out into the street—I went to the bottom of the stairs, but could not see any body—I then went into the shop
—the door was half open—I fastened it, and went round the counter, ad found my till half open—I missed 8d., which I had put on a shelf, and 2d. from the till, which I had left shut quite close—I lost about an ounce and a half of tobacco—the staircase window was shut when I went to bed.
Cross-examined by MR. PAYNE. Q. Are you quite sure the window was shut down? A. Yes—the servant, who is not here, had shut it at seven o'clock, when she put the children to bed—I did not look at it when I went to bed—we both went to bed together—I always sleep with my bed-room door half open, and a light—I am quite sure I saw the prisoner's face—I was lying in bed—he could see the bed—I am quite sure the halfpence were on the shelf the night before, and the 2d. in the till.
THOMAS HARRISON . I am a police-sergeant. I was in Exeter-street, Lisson-grove, on the morning in question, about a quarter to two o'clock, and saw the prisoner running down the street, without shoes or hat—I stopped him, and asked where he was going—he said he was going to the Burns' Arms public-house, to get something to drink—I said, "What have you here?"—I felt his pocket, and found a box of lucifermatches, and in the other pocket a lot of loose tobacco—I took him to the station, and found 7 1/2 d. in copper and a bit of candle on him—I sent for the policemen—they did not know him, and I let him go—next night I heard of this robbery, and apprehended him at a public-house—the prosecutrix identified him—he said he bought the tobacco in Oxford-street, and he had the candle in his pocket to light him when he got home, that the candlestick was at his house—I asked where he lived—he told me, and it is next door to the prosecutrix—I found a person, by getting on the, wall, could easily get to the prosecutrix's staircase-window—when I apprehended him, I said, "You recollect my having you last night for that tobacco?"—he said, "Yes"—I said, "Well, you are charged with breaking into Mrs. Wilkinson's house, in Hawkhurst-street"—he said, "Who charges me?"—I said, "Mrs. Wilkinson; and she says you put your head three times into her bed-room door"—he said, "Does she, by G—? then I have nothing more to say."
Cross-examined. Q. You did not go to the house, to see if the candle-stick wag there? A. No.
MRS. WILKINSON re-examined. Q. Did you see the servant shut the window down at seven o'clock? A. Yes—I am quite sure it was quite down then.
MR. PAYNE. Q. Did you see her shut it? A. No, but I heard her do it—I went up after her, and saw it was down.
GUILTY . Aged 21.— Transported for Fifteen Years.
(The prisoner has been convicted twice before, and had only been out of prison ten days.)
NEW COURT.—Wednesday, October 27th, 1841.
Fifth Jury, before Mr. Common Sergeant.
GUILTY .† Aged 23.— Transported for Ten Years.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 15.— Confined Three Months.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 20.— Confined Three Months.
GUILTY . Aged 14.— Confined Ten Days, and Whipped.
2583. HENRY HARRIS was indicted for stealing, on the 12th of February, 1 watch, value 3l. 3s.; 1 watch-guard, value 15s.; 1 pair of boots, value 7s.; 1 hat, value 7s.; 1 pair of stockings, value 1s.; 1 pair of gloves, value 1s.; 1 pair of braces, value 1s.; 1 belt, value 9d.; and 1 penknife, value 1s. 6d., the goods of Thomas Draper, his aster: and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 34.— Transported for Seven Years.
WILLIAM KAINES DUDMAN . I am assistant to Thomas Knight, of the Minories. About seven o'clock, on the 14th of October, the prisoner came to his shop, and asked the price of a cap—I showed her some at H—she said she could only give 8d. for it—she stooped down and laid the cap down—after a while she went out and looked back—I got over the counter and saw a shawl lying on the ground—I took it up, and found only one—there were two there about half-an-hour before—I told Bousfield about it—he went out—I followed him—the prisoner was in the doorway, at the next house—we asked if she had had a shawl—she denied it—he told her he would give her in charge—she then produced it—it is my master's.
Prisoner. I was turning out of the door, and picked up the shawl at the step of the door. Witness. She had got it at the next doorway.
Prisoner. Coming out of the shop I picked it up, and put it on my shawl—he came and asked me—I gave it up. Witness. These shawls were on the counter, not far from the door—she must have swept them off with her hand, while we were not looking at her—they could not fall off—she produced it either from her basket, or from under her person—it was dark, I could not see.
GUILTY . Aged 16.— Confined Three Months.
CHARLES SILVERTHORN . I am employed at Kensington Palace, as cleaner of the passages and courts—this carpet belongs to the Queen—it was lying in the passage leading from one court to another in Kensington-palace—the prisoner was employed there as supernumerary lamplighter—he had no right to take it.
EDWARD MOWBRAY . I am a private in the first battalion of Grenadier-guards. On the 15th of September, I was sentry at the square of Kensington-palace—a little after ten o'clock, from information I received, I kept a strict watch till a quarter before twelve o'clock—the prisoner then passed with a ladder on his shoulder—in a moment or two he returned without the ladder, and took this carpet from the floor of the passage—he got three or four paces, and I asked what he was going to do with it—he said to take it away, it was his own property, and had been left for him by the servants—I took it from him, and laid it in the passage.
Prisoner. It laid in the passage when I was lighting my lamps—I took it up and looked at it—I had no intention to steal it.
(The prisoner received a good character.)
GUILTY . Aged 37.— Confined Three Months.
2586. JAMES LISHMAN was indicted for stealing, on the 9th of October, 1 bag, value 1s. 6d.; 6 handkerchiefs, value 12s.; 4 shifts, value 5s. 6d.; 4 petticoats, value 7s.; 2 towels, value 2s.; 3 nightgowns, value 4s.; 1 sheet, value 2s.; 1 table-cloth, value 2s.; 1 pair stockings, value 1s.; 1 pair of drawers, value 1s.; and 1 apron, value 6d., the goods of Priscilla Macgary.
PRISCILLA MACGARY . I am a laundress, living in Hart-place, Haggerston—I have employed Martin to carry linen for me for fifteen years. On the 9th of October I sent him with a basket of linen to Mr. Isaacs, in Houndsditch—it contained the things stated, which belong to Mr. Isaacs—the articles produced are what I sent and what I lost.
JOHN MARTIN . I was employed by the prosecutrix to carry her linen. On the 9th of October I received a bundle containing these things—I took them in a truck with a little boy—I was at the head, and the boy pushing behind—the boy gave me information—I looked round and saw the prisoner lift the bundle out of the tail of the truck at that moment—he went a few yards and ran—I ran after him—he dropped the bundle, ran up Creechurch-lane, and turned to the left—I took the bundle up, and called "Stop thief"—I am sure he is the man—he was taken in five minutes—I lost sight of him, but I had a full view of him when he took it.
Prisoner. Q. Could you see me in the dark to swear to me? A. There was a gas-light over the door of a public-house—I saw your face.
Prisoner's Defence. I was walking past the church—the boy ran up to me and said, "You stole a bundle out of my father's truck," and the officer took me.
GUILTY .† Aged 19.— Transported for Seven Years.
ISAAC CHAPMAN . I am shopman to Joseph Thurgood, of Goodge-street. On Saturday, the 25th of September, the prisoner came to the shop with her sister—while serving the sister with half-a-quartern of butter I missed the prisoner, and a cheese—I ran out into the street, and took her with this cheese in her possession—it is my master's—she said she was very sorry for what she had done, but it was through distress.
Prisoner. If you please to forgive me.
GUILTY . Aged 16.— Confined Three Months.
JOHN CHATFIELD . I live in Aldgate High-street—the prisoner was in my employ. In consequence of information I sent for a policeman, and gave the prisoner into custody—I charged him with taking goods from the warehouse, which he had not accounted for, and appropriated to his own use—he said he was not guilty—I told him we would go to the parties where he had taken the goods—we and the policeman went to a person named Bateman, in the Minories—the prisoner made no further remark, only that he hoped I should not be hard with him—he said he bad procured currants and orange-peel from a young man, to the amount of 2s. 4d., and besides this, he had taken 3lbs. of currants and some sugar—that they were all taken to Bateman's—he had accounted for 2s. 4d., and Mr. Bateman's shopwoman had paid him 6s. 2d., which was part of what he had not accounted for.
Prisoner. I took 3lbs. out of the warehouse, because there was not any in the shop. Witness. He took two 3lbs. of currants, and he only accounted for 2s. 4d. on that day.
SUSANNAH EDWARDS . I am shopwoman to Thomas Bateman, of the Minories—I have been there six or seven years. On the 22nd of October the prisoner brought the goods as usual, two papers of currants, of 3lbs. each, and two papers of peel, 1/4 lb. each, and 2lbs. of lump sugar—I paid him 6s. 2d.
THOMAS BUNDY . I am shopman to the prosecutor. Last Friday afternoon I was outside, I looked into the cellar, and saw the prisoner pressing something between his knees—I went down, sent him tip, and found in a currant-tub a paper of currants—I pinched it at one corner, and in five minutes after, it was gone—this is the paper, it is one of the papers of currants—the other I believe to be my employer's, but I could not swear to them—they have been used.
Prisoner. This one is the 3lbs. which I took out in the basket, and 1/4 lb. of peel—I only took 3lbs. of currants and 1/4 lb. of peel from my master's, the others I bought.
GUILTY . Aged 19.— Confined Nine Months.
for empty boxes—on the 10th of August, he came and asked for a dozen boxes, and asked what time it would suit me best for him to have them—I said, "About six o'clock"—he came for them—I ordered our boy to put the horse in the cart, and take the boxes, with the prisoner, to where he should show him, which was at Mr. Cornish's, in Middle-row, Holborn—the boy came back, and said the prisoner had given him the slip—he was to have paid ready money—I stated that in our shop before the prisoner and the boy—he was to go with him to receive the money.
Prisoner. I never heard you say that I was to pay ready money for these—I had paid ready money before. Witness. I told the boy, in your presence, he was to have the money, which was 1l. 5s.—it was always in the same way before—you never had a box without—I cannot swear that you heard any thing said, you made no reply.
THOMAS DAVIS . I am porter to Mr. Wakefield. On the 10th of August I went with the prisoner and the boxes—I was ordered to take them to Mr. Cornish's, at the corner of Middle-row, Holborn—the prisoner was to pay the money when I delivered them—that was stated in his presence—I got to Mr. Cornish's, and delivered the boxes, one by one to the prisoner, and he delivered them—I asked him the reason why he was so long gone with them—he said he had to take them up three pairs of stairs—I handed out the last box to him, and saw no more of him—I went into the house, and asked if the man had delivered the boxes—they said he had, and that he had been paid, and was gone.
EDWARD STONE . I received these egg-boxes, and paid the prisoner 26s. for them—I had nothing to do with any other person—Davis came in in about twenty minutes or half-an-hour after the prisoner had left.
Prisoner. Q. Do you recollect my saying the profit was very small? A. Yes—I do not recollect your saying you were to give 25s. for them—our boy assisted you up stairs with them.
Prisoner's Defence. I dealt with these parties, but I was rather short of money, and did not consider I was bound to pay for them at that time; I intended to pay for them eventually, and should have done so.
GUILTY . Aged 24.— Confined Six Months.
2590. MARY ANN GALLIVAN was indicted for stealing, on the 16th of August, 1 pair of boots, value 17s.; 2 veils, value 6s.; 1 shift, value 2s.; 1 bag, value 1s.; 1 snuff-box, value 4s.; 1 blind, value 1s.; 1 box of dominos, value 2s.; 2 spoons, value 1s.; 1 apron, value 6d.; 1 pocket, value 6d.; 1 brush, value 6d.; 3 boxes, value 1s. 6d.; 1 umbrella, value 5s.; 1 salt-cellar, value 1s.; 3 knives, value 10d.; 1 fork, value 2d.; 2 fans, value 2s.; 3 collars, value 5s. 6d.; 1 inkstand, value 1s.; 1 flounce, value 4s. 1 gown, value 1s. 6d.; 1 bottle, value 4d.; 1 pelerine, value 1s.; and 3 buckles, value 2s. 6d.; the goods of Thomas Horwood.
ELEANOR HORWOOD . I am the wife of Thomas Horwood; we live in Star-court, Southwark. On Friday, the 13th of August, I and my husband were in Farringdon-street—the prisoner, whom I did not know, came and asked if I could tell her where she could get a lodging—I said no, I was a stranger—she said she was a servant, and had had a few words with her mistress, had just left her place, she had no friends in London, and if she was in the street all night she should die—I told my husband—he said
if I liked her to go home and sleep with me, he would sleep with a young man, as he did not like a young woman to be out all night—I took her home, and she slept with me—on the Monday morning following my husband went out, and told me to meet him in the evening—the prisoner had said that she was going to a place on the Monday, but she did not go—about eight o'clock that evening she said she would go the next day—she said she was sleepy, and told me, when I went to my husband, to take the key, as she should go to bed, which she did—I left her asleep, I thought, and went out about nine—I came back about eleven—she was then gone, and all the articles stated—some of them are here—she had this veil on when she was taken—it is mine—she took all she could well take, but there was no more candle, and she could not see to take more.
PHILIP PILGRIM (police-sergeant F 29.) I took the prisoner. I found on her arm a bag, and this veil was on her bonnet—these other things I found in her box, in King-street, Drury-lane—she told me her box was there.
CATHERINE CONNER . I live in King-street, Drury-lane. The prisoner lodged with me twice before this time—when she left her situation the brought her box to me—I showed her box to the officer, and saw it opened—this shift, snuff-box, and a small cape were in it.
Prisoner. I never saw the prosecutrix till she gave me into custody; I went out with a young woman, and bought these things and the reticule of a woman for 4d.
GUILTY . Aged 18.— Transported for Seven Years.
HENRY MARSDEN . I went to the Crooked-billet public-house, on Iver-heath, on the 2nd of October—I left there about ten o'clock—I had a pair of high shoes on—I was rather drunk, and laid down by the side of a ditch—I awoke about five in the morning, without my shoes—these now produced are them.
Cross-examined by MR. BALLANTINE. Q. How do you know them? A. By the knot I tied in the cord on my feet—I gave 13s. for them, and had had them just a month—I had a knife, a pocket-comb, a half-crown, a shilling, and a sixpence—they were all gone.
RICHARD ROADNIGHT (police-sergeant F 11.) On Sunday morning, the 3rd of October, about one o'clock, the prisoner passed me—he said, "Good morning"—I said, "Stop, what have you got under your jacket?"—he said, "A pair of shoes"—I took them, and said, "Where did you get them?"—he said, "I brought them from my lodgings, and am going to a new lodging"—I said, "Where have you been lodging?"—he said, "At Grove's, the beer-shop"—I let him go, and afterwards sent an officer after him—he stopped him, and took the shoes from him, and told him to call at my place in the morning for them—I went to the beer-shop—they knew nothing of him—I then went and found him sleeping under some hurdles—I said, "What you have just told me is not correct"—he then said he found the shoes on the other side of George-lane—that is where the prosecutor had been sleeping.
GUILTY . Aged 33.— Confined Three Months.
PHILIP REES . I am a draper, and live in Farringdon-street. I had about forty yards of flannel in my shop on the 30th of September—I heard a noise, missed the flannel, went out, and found Lloyd coming down Stonecutter-street with it—this now produced is it.
Cross-examined by MR. PAYNE. Q. Where was it? A. In the door—a person could get it without coming into the shop—I was getting the shutters to close the shop—here is my private mark on this flannel, in my writing—it was on a pile of others.
JAMES LLOYD . I am beadle of Farringdon-market. Between seven and eight o'clock that night I saw the prisoner going across the market with this piece of flannel under his arm—he said he was going to take it to his master's, in Holborn—I said I should go and see where he took it to—he then threw it at me, and ran off—he was taken by the policeman—I took the flannel up.
Cross-examined. Q. Are you quite sure he is the person? A. I am positive—I had seen him a great many times before—I was walking with him, and the policeman down Stonecutter-street, when I met the prosecutor.
GUILTY . † Aged 24.— Confined Six Months.
2593. WILLIAM PUTTOCK was indicted for stealing, on the 29th of September, 16 handkerchiefs, value 50s.; and 10 yards of ribbon, value 2s.; the goods of William Paddy and another, his masters: to which he pleaded
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 22.—Recommended to mercy by the Prosecutor.
The prisoner received a good character, and a witness engaged to give him employment.
Confined Ten Days.
2595. ELIZABETH PIERCE was indicted for stealing, on the 25th of September, 4 pairs of gloves, value 4s.; 1 feather, value 6s.; 1 pot of currant-jelly, value 1s.; 1 jar, value 2d.; and 1/2 lb. of butter, value 6d.; the goods of John Bland, her master.
SARAH BLAND . I am the wife of John Bland—we live in Seymour-street, Portman-square—the prisoner was in my service. In consequence of information, I sent for a policeman, and had her box searched in my presence—I found this feather, gloves, a pot of jelly, and the other articles, which are ours.
Prisoner. One of the pairs of gloves was mine—the feather was given me. Witness. They are mine.
(The prisoner received a good character.)
GUILTY . Aged 28.—Recommended to mercy by the Prosecutrix.
Confined One Month.
THOMAS MATTHEWS . I live at Harefield, near Uxbridge. I had thirty fowls belonging to my father, James Matthews, in a field close by our house, on the 26th of July—I saw the two prisoners hunting the fowls up and down the field—I laid down behind a hedge, and saw Bugbee take up one fowl—he threw it down, and it came back to our place—I pursued them, and Bugbee threw away a dead fowl—Day was with him—we missed seven fowls that day—I picked up the fowl he threw down—I cannot swear to the dead one—they had skinned it, and cut its head and legs off—I pursued them two miles and a half—they escaped—the fowl I sat him throw down alive was mine.
Cross-examined by MR. HORRY. Q. Was not Day some distance behind Bugbee? A. No—they were hunting the fowls—they were sometimes on one side of the hedge, and sometimes on the other—they were close to the hedge, so that I could see them both—Atkins has the fowls, but I do not know where he is.
BUGBEE— GUILTY . Aged 20.
DAY— GUILTY . Aged 18.
Confined Three Months.
GUILTY .* Aged 32.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
WILLIAM BARR . I am a builder, living in Nassau-street, Middlesex Hospital. The prisoner was in my employ, and was employed at the premises of Mr. Richard Satchell, in Win slow-street, Oxford-street, On the 20th of September, in consequence of information, I went to the Swan Brewhouse—I was there shown a piece of lead—I compared it with the lead on the loft of the brew-house of Mr. Richard Satchell, the younger—I am positive it fitted the piece—it was torn off.
Cross-examined by MR. BALLANTINE. Q. The prisoner has been some time in your employ? A. About seven years—he would not have remained so long if he had not borne a good character.
WILLIAM CAVE . I am in the employ of Mr. Satchell. I was going to take my breakfast, and saw the prisoner in Oxford-street, with something wrapped in his jacket—I asked what he had got—he turned round—I saw it was lead—I said he had better take it back to where he got it from—he scrupled about it, but he took it to the brewhouse—I went with him, and left it there—I showed the same lead to Mr. Barr.
GUILTY . Aged 33.— Confined Three Months.
and stopped her—I told her she had got a pair of boots belonging to me, and took them from her.
GUILTY . Aged 24.—Recommended to mercy.— Confined Four Months.
2600. RICHARD COULTASS and EDWARD WHITE were indicted for stealing, on the 9th of October, 1 copper-pan, value 1l. 13s., the goods of Hannah Winter; and that White had been before convicted of felony.
JOSEPH HARGRAVE . I am apprentice to Mr. Farnsby, a copper-smith, in Gunn-square, Houndsditch. I was going down Houndsditch, and saw the prisoners waiting outside the prosecutrix's window—I passed by, turned my head round, and saw a third person coming but with a pan on his head—I turned back, and went into the shop—I asked the apprentice if he had sold a pan—I came out, and kept Coultass in sight—he dropped the pan—he then ran off—the other one escaped—the prisoners were both together when the third person came out with the pan.
White's Defence. I was not there at all.
COULTASS*— GUILTY . Aged 16.
WHITE*— GUILTY . Aged 15.
Transported for Seven Years—Convict Ship.
Note.—The witness was not present to prove the former conviction.
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY .† Aged 37.— Transported for Seven Years.
2602. WILLIAM CLARK and GEORGE COUCH were indicted for feloniously receiving, on the 25th of September, 45lbs. weight of nails, value 1l. 10s. 9d., the goods of Benjamin Robinson, well knowing the same to have been stolen; against the Statute, &c.
MR. CLARKSON conducted the Prosecution.
JAMES BARBER . (A prisoner.) I am sixteen years old, and have been in gaol since the Magistrate committed me—I was in the service of Mr. Benjamin Robinson, in Little Britain—I was working in the farriery—I know Clark—my master had some nails for securing the shoes of horses at his farriery. On the 23rd of September I took 43lbs. weight of my master's nails to Clark—I know there was 43lbs., because I weighed them—the nails were kept in a loft at my master's—there was one sort of nails, and three sizes of the sort—I took them wrapped up in some tow, from one to two o'clock in the day—I had been to Clark once before with an old man—when I got there on the 23rd of September I saw Couch, who is a man who Clark keeps—I told him I had brought some nails—he said I was to wait till Clark came in—Clark was out—I waited an hour and a half—when he came he told Couch to go and weigh them—when Couch came back he told Clark there were 43lbs., and Mrs. Clark said I must take 4lbs. off for the wrappers—Clark gave me 10s.—Couch took the nails
across into the house where Clark lived, and emptied them out—Clark reckoned the value of the nails at 16s. 10d.—he gave me 10s., and said he would give me the rest when I came again—I went again on the Monday —he told me to come again on the Saturday—I had left nails at the same place before—when I went with the old man I did not go in to the shop—I had not settled with Clark for any nails when the old man was with me—the old man used to give me what he liked—the foreman of my master's establishment missed some nails, and asked me about them—I gave an account to him of what I had done with the nails—I do not recollect what day it was—it was the day Clark was taken—in consequence of what I told Mr. Boreham, I was employed on the 29th to take 20lbs. of nails to Clark's house, and the officer followed me.
Cross-examined by MR. FRAZER. Q. Do you know the difference between being committed for trial, and being in prison the first time? A. No, I was only walking in the street with the policeman one day—I have been advised to speak the truth—I told the truth—I was not advised that I know of—I spoke the truth, that is all—no one told me—I have not always said that some one else gave me 10s., and not Clark—Clark gave it me—I have said so before—I did not have any conversation with the policeman—I was out with him one day, till twelve o'clock—he asked me where the old man lived, and his name, and he could not find him any where—I went out with him at five in the morning, and staid till twelve—nothing took place about Clark, not a word, nor about Couch—I do not know who the old man was—he used to go about buying parings—he came into the yard and asked if I had got any nails to sell—I never said that some money was to be given to the old man—Mr. Clark said he supposed he was my grandfather.
MR. CLARKSON. Q. Where did you go with the old man to receive the money? A. I stopped outside Clark's house while the old man went in to get the money—the two prisoners were in custody when the Magistrate gave me directions to go with the policeman to try to find the old man.
CYRUS BOREHAM . I am principal clerk to Mr. Benjamin Robinson. On the 1st of September I received three bags of nails, called sixes, sevens, and eights—they weighed 5cwt. 1qr. 17lbs. —they were put in a loft over the farrier's shop—in consequence of information I examined and weighed them on the 29th of September—there were 2cwt. 2qrs. deficient, besides what we had used, which I suppose was about 1cwt.—in consequence of suspicion I questioned Barber, and he made a disclosure to me on the subject of these nails—in consequence of what he said, I weighed 20lbs. of the nails, we had left, and marked about fifty of them—we gave the nails to Barber to take as he used to do—I and a policeman whom I had sent for, went in plain clothes, and followed Barber—he went to Clark's shop between three and four in the afternoon—he waited about an hour and a half—I saw Clark go in a few minutes previous to Couch coming out to weigh the nails—he took them to a chandler's shop directly opposite where we were waiting—in five or ten minutes after Couch returned to Clark's shop, Barker came out—he gave the officer 4s,—we then went into the shop—the officer pointed to the nails and said, "I have come about these nails"—Clark said to the man in the farrier's shop, "You make haste and shoe my horse"—the officer then told Clark he must go along with us—when he got outside, and saw we were determined to take him, he endeavoured to make his escape, and said he knew nothing about the nails—on the following morning I examined the back wall at Clark's shop—
the wail was very much scratched on Clark's side—they were such scratches as would be made by a parcel of nails being got up and thrown over the wall, they appeared quite fresh, and by the side of the wall on Clark's side I found one nail, and three nails on the other side—they were the same sort as belonged to my master—since then 2cwt. all but 12lbs. of nails, have been produced by Mrs. Twigg, which are of the same description and size as my master's—I believe them to be his property, and they and the others which have been found make up nearly the amount we lost.
Cross-examined. Q. When you found these marks on the wall, were the prisoners in custody? A. Yes—when Clark was taken, I should say he was not sober—he was not so much in liquor but that he knew what he was about—he did not say that the premises were not his—I should not have taken him to be Clark.
EDWARD HUTCHINGS (City police-constable, No. 207.) I went to Clark's house—I saw Couch come out with a bag and a paper—he went to a green-grocer's shop, and then went back—Barber came out and gave me 4s., and said that was what he sold the nails for—I then went in and saw the nails on the side of the board—I saw Couch there—I said to him, "Are you master of the shop"—he gave no answer—Clark then came to the side of the horse—I said, "I come about these nails you bought"—he said to Couch, "Do my horse"—I said, "I am an officer, I came about these nails"—he said, "I know nothing about the nails; what nails I buy, I buy at my ironmongers"—when I brought him out he tried to escape—I saw the marks on the sides of the wall—it appeared to me that the nails had been put up on one side of the wall, and put down on the other side—I saw a bag of nails produced which appeared to me the same as those at the prosecutor's—they had small bits of tow mixed with them.
Cross-examined. Q. Did you not go with Mr. Boreham? Yes—I did not see Clark go into his shop—the first time I saw him was when I went into the shop—he was then standing by the side of the horse.
JAMES WILD . I am a coal-dealer, and keep a chandler's-shop very near Clark's farriery. On the 23rd of September, Couch came to me to weigh some nails—I weighed them—there were upwards of 40lbs. of them.
Cross-examined. Q. Did you not see some one come there with a boy? A. There was an old man came one day—Clark used to send things to be weighed at my place.
SUSANNAH TWIGG . I am single, and live in Britannia-street—my back yard is divided from Mr. Clark's premises by a wall—I did not know who the premises belonged to, but the officer got on the wall and said so. On the 29th of September, I was in my back kitchen, about eight o'clock at night, and all at once I heard something fall off the wall—I went out and saw the shadow of two men at a distance—I then went to my work again, and when my nephew came home he found a large bag of nails—I let the police have them.
(William Hughes, a master carman; George Little, omnibus proprietor;—Burrows, a master baker;—Stanbury, a carman; and—Taunton, a farrier; gave Clark a good character.)
CLARK— GUILTY . Aged 35.— Transported for Fourteen Years.
COUCH— NOT GUILTY .
(There was another indictment against the prisoners, upon which no evidence was offered.)
2603. WILLIAM WEBB and JOHN VINE were indicted for stealing, on the 17th of September, 2 commodes, value 1l. 10s.; 2 blinds, value 5s.; 1 bidet and pan, value 2s.; 2 hampers, value 6d.; and 36 bottles, value 3s.; the goods of Thomas Chandler Biggs: and JOHN SMITH for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
THOMAS CHANDLER BIGGS . The articles stated, and many more, belonged to me, and were in Mr. Cox's warehouse, in Plough-yard, Soho—I saw them safe about two months ago—the warehouse was then locked, and I had the key. On the 18th of September, I found the warehouse open, the padlock and some other locks were gone, and the property also—I found some of my articles at Davis's, at Newington-butts.
EDWARD KELLY . I am a butcher—I went to Plough-yard on the 15th of September, by order of Mr. Thorn, to drive his horse from there—I saw the prisoner Webb there—he was loading goods out of the warehouse into the cart.
Cross-examined by MR. PAYNE. Q. Who else was there? A. A person named Flint—the horse belonged to Mr. Thorn—I do not know whose cart it was.
NOT GUILTY .
2604. WILLIAM WEBB, JOHN VINE , and JOHN SMITH were again indicted for stealing, on the 15th of September, 4 tables, value 3l. 10s.; 8 chairs, value 1l. 4s.; 1 bedstead, value 1l. 10s.; 1 map, value 10s.; 3 decanters, value 9s.; 1 counterpane, value 5s.; 4 dishes, value 5s.; 2 settees, value 3l.; 2 squabs, value 1l.; 2 bolsters, value 2s.; 1 fender, value 4s.; 1 basket, value 2s.; 2 tea-trays, value 1s. 4d.; and 1 picture-frame, value 8d.; the goods of Thomas Chandler Biggs.
THOMAS CHANDLER BIGGS . I kept some furniture at the warehouse in Plough-court, Crown-street—there were tables, chairs, bedsteads, dishes, and other things. On the 18th of September I found the warehouse had been broken open, and the property gone—I found part of my furniture at Mr. Davis's and some of it is here.
EDWARD KELLY . I am a butcher. On the 15th of September I went to Plough-yard, and the prisoner Webb was there loading furniture into the cart—he then told me to go down St. Martin's-lane—I did so, and we stopped at a public-house in King William-street, Strand—Vine and Smith were waiting there with a rose-wood side-board as they called it—it was a sort of table with three drawers in it—I had not seen Vine and Smith near Plough-yard—they put the side-board on the cart, and we drove on to Mr. Meyers, a broker in Old Kent-road—they would not take the things in, and we drove to the Elephant and Castle—Smith went away—he came back to us, and then we drove to Davis's.
Webb. Q. Was there any other person at the public-house dressed like me? A. I saw Flint there.
CHARLES DAVIS . I am a furniture dealer. On the 15th of September Smith came and asked me to purchase some goods—he said Vine and his wife had had a few words and they had parted—the prisoners then came and unloaded the cart of goods—I paid 5l. for them—I gave 4l. to Vine, and
1l. to Smith—there were two settees, four tables, eight chairs, a fender, a picture-frame, and a map of London—Mr. Biggs saw the articles, and claimed them.
Webb's Defence. I was employed to move these goods—the person who was in the yard asked if I would purchase them—I said I could not, but I would mention it to Mr. Smith—he said they would not suit him, but recommended me to Mr. Davis—I did not know I was committing a robbery.
WEBB— GUILTY . Aged 30.— Confined Nine Months.
VINE and SMITH— NOT GUILTY .
OLD COURT.—Thursday, October 28th, 1841.
Second Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 15.— Transported for Seven Years.
DIANA BURROWS . I am the wife of William Bance Burrows, of White Horse-yard, Drury-lane—we let out children's carriages for hire. On the 30th of August a boy came twice and inquired for a chaise—I asked him who be came from, and refused to let him have it unless the person who wanted it came—the prisoner afterwards came, and I let it to him for an hour, for which he paid me 2d.—he drew it away from the door, and said be would return it in one hour quite safe—he did not return it at all—I found the chaise five weeks after at Black wall in the possession of Sladden.
Cross-examined by MR. BALLANTINE. Q. What was the value of the chaise? A. 1l.—I had never seen the prisoner before—we have a great many people come for chaises—I saw him next at the station—my husband fetched me there, and said they had got the person there who took the horse and chaise—the policeman pointed him out as the person who had robbed us—he had a dark dress on when he came for the chaise—I did not suspect anything—he said I need not be under the least apprehension.
WILLIAM SLADDEN . I am a policeman. In consequence of the prosecutrix's husband coming to me, I went down to Blackwall—I saw the chaise' there, and saw the prisoner's wife—I told her it was stolen—she went with me to the station—I then went to Mr. Young's, a tailor in High-street, Poplar, and saw the prisoner—I told him I took him for stealing a chaise—he said he had bought it in Petticoat-lane—I went there with him, and saw the lady belonging to the shop—she said she had not sold such a thing for the last six months, or two years, perhaps, but people were in the habit of bringing things before her door, and she could not say whether it had been there or not—the prosecutrix saw the chaise, and claimed it—the prosecutor took me to where the chaise was to be found.
Cross-examined. Q. The prisoner told you he had been to the shop to which he took you? A. Yes; the woman was certain it was not bought at her shop, but said ifc might have been bought outside.
GUILTY . Aged 32.— Confined Three Months.
Before Lord Chief Baron Abinyer.
MR. PAYNE conducted the Prosecution.
EDWARD BRISTOW (City police-constable, No. 569.) I know the prisoner—I saw him on the morning of Tuesday, the 21st of September—I had seen him four or five times before that—I was with him at six o'clock on Tuesday morning—he told me of his wife being detained at the King's Head public-house, Eastcheap, and asked me if I thought he could not demand to see her—I said I thought he could, and referred him to Sergeant Bradley—that was at three o'clock in the morning—at seven I went with him to the King's Head, and saw Mr. Burdon behind the bar—he keeps the King's Head—the prisoner said to him, "Now, James, I have come to demand my wife"—Mr. Burdon immediately said, "You had better go about your business, I think," or, "I think you had better go about your business"—Mr. Burdon immediately walked to the end of the bar, into the parlour—he returned again, and the prisoner asked him the same question again—Mr. Burdon said again, "I think you had better go about your business"—the prisoner turned to me and said, "Now, Bristow, you hear this"—I said, "Yes," and I told Mr. Burdon that the prisoner knew his wife was there, or that Mr. Burdon knew where she was—he said, "I know nothing whatever of him "(Blakesley)—I immediately said Blakesley intended to go before the Lord Mayor, to ask his advice on the subject, and I had come as a witness, and I intended to go with him—Mr. Burdon said again, "I know nothing whatever of him"—I said, "Am I to take that as an answer, as he says she is here, or you know where she is?"—he said again, "I know nothing whatever of him"—I then said, "We will go," and I and Blakesley went out—no other word passed between them—Blakesley had previously told me that he had been unfortunate in business, and his wife was kept there, and that his friends had not done what he anticipated for him.
Cross-examined by MR. PHILLIPS. Q. Was it at three o'clock in the morning you saw him first? A. I had seen him in the night—he came to me about twelve o'clock, then left me, and came again at three in the morning, and I referred him to Sergeant Bradley—the third time I saw him was about seven, when we went to Mr. Burden's—I had seen him in the interval—I was with him from six to seven—I think I saw him between five and six, walking round the market—he had been up all night.
Q. I believe in the conversation you had with him he stated how exceedingly uncomfortable he was with the treatment he had received? A. He showed me a letter he had received from his wife—he did seem very uncomfortable, and said it was a very bad thing for a man to be parted from his wife—Mr. Burdon did not say he knew nothing of the wife, but that he knew nothing of Blakesley.
GEORGE HALLOWS . I am a hair-dresser, and live at No. 28, Lime-street. On Tuesday, the 21st of September, at half-past seven o'clock in the morning, the prisoner came to my shop—he stated to me that he was going to get a warrant against Mr. Burdon, who kept the King's Head Eastcheap, for detaining his property—he said it was a hard thing for a man to be kept from his wife, and his property detained from him—he said the property was at Seven Oaks—he said he had been to the King's
Head that morning at seven o'clock with a policeman from Leadenhall-market to legally demand his wife, that he saw Mr. Burdon, who said his wife was not there, and he did not know where she was, and the sooner he got out of the house the better—he said it was enough to drive any man mad—he said it once or twice over—he said the reason Mr. and Mrs. Burdon were against him was on account of his being unfortunate in business at Seven Oaks—I asked him if he was lawfully married to his wife—he said yes, he was, and that they had lived on the most affectionate terms that man and wife could live, for the short time they had been married.
Q. Did he say anything further on the subject of his interview with Mr. Burdon? A. He said if he had had anything in his hand he would have shot him—he then called me on one side, and told me he had got a letter which he had received from his wife, and he began to read it to me—from what I can recollect, it commenced with "Dear Bob."
Cross-examined by MR. BODKIN. Q. Of course he kept the letter you speak of? A. Yes—he might have read more of it than that, but I did not take notice, but it was to meet his wife at some place—I was flurried and surprised at his speaking to me in this way, as I had never seen him before to my knowledge—mine is an open shop, near the market—there were persons coming in and going out—he said all this in the public shop in the hearing of any body that came in—my shop is about a minute or two's walk from the King's Head—almost close to it.
COURT. Q. What did he come to your shop for? A. To be shaved.
MR. BODKIN. Q. Did you shave him? A. No, one of my young men did, but he spoke to me after he was shaved.
Q. Did it not appear to you that he was in a very uncomfortable state of mind? A. I cannot say so, because he spoke rationally to me—I understood what he said.
WILLIAM BKATTEN . I am a City police-constable. I know the prisoner—I saw him on Tuesday, the 21st of September, about half-past nine o'clock in the morning—he said, "Good morning," and so on—we were walking through Leadenhall-market—he said he had been to demand his wife—he did not say whether he had got his wife—he said they were going to tarn him out of the house—we were passing a butcher's shop at the time, and seeing a knife lying on a butcher's block, he said, "I think if I had had that in my hand I should have made use of it"—I replied, "Nonsense"—he said, "By G—I think I should"—he said he had not been to bed all night—we were together about ten minutes or a quarter of an hour—I saw him again about six o'clock that evening—I was going up Gracechurch-street—he crossed over to me and said, "How are you?" and asked me if I was going to stand half-a-pint of porter, or something of that sort—I said, "Yes, come on," and gave him some—I stopped with him till eight o'clock—he said he was going to see his old woman by and bye—I sat with him two hours, but I do not know that any thing particular occurred after that—he said he should see me next morning at half-past seven and make it all right, because I was answerable for the beer—he had previously mentioned to me about his wife being kept from him, but I do not recollect any thing that day particularly.
COURT. Q. You sat with him two hours, but nothing particular passed relating to his wife, except that he was going to see her? A. No, nothing more—I conversed with him about different things—there were several people in the room.
Q. Did he appear to converse rationally? A. he talked very well and seemed in good spirits—nothing appeared the matter with him.
JOHN CHARLES DAVIES . I am a cutler, and live in Aldgate, High-street. On the 21st of September, a few minutes before one o'clock in the day, a person, who I believe to be the prisoner, came into my father's shop, and wished to purchase a knife similar to those used by butchers—I showed him several—he selected one—I believe the prisoner to be the person, but not having seen him since, I could not positively swear it—I did not see him at the police office.
THOMAS QUINLAN . I am a private watchman. I was in Eastcheap on Tuesday night, the 21st of September—I went on duty at ten minutes before nine o'clock—I know the prisoner—I saw him that evening about a quarter to ten, sitting on a hamper, at the Crown wine-vaults, and as I came to the end of Philpot-lane, he came towards me from the wine-vaults—he said, "A fine night, watchman"—I said, "Yes"—his hands I were in his pocket when he came towards me—I saw nothing more of him till the clock struck ten—as I went towards the end of Philpot-lane—he said, "Watchman, will you be back in five minutes?—I said, "I believe I shall"—nothing more passed—I went by, and before I got to the end of Rood-lane, a boy ran after me from Eastcheap, and called me to the King's Head—I went there in about two minutes, and saw the deceased lying in front of the bar—he was not dead then, but I could not say whether he was dead or alive at the time—I ran out directly and told another officer at the end of Love-lane of it—I saw two ladies in the bar at the time I saw the deceased.
JAMES JARVIS . I am a porter in Fenchurch-street. On Tuesday night, the 21st of September, I was in the parlour at the King's Head public-house, and heard a scream from a female—I ran to the bar, and saw Mr. Burdon staggering, in the act of falling—he said something as he was falling—I understood him to say, "A doctor"—I was not aware that he was stabbed till I saw the blood on the floor—I remained with him till the doctor came—the police came in.
ELIZA BUBDON . I am the widow of the deceased—his name was James Burdon—he was thirty-eight years of age—he kept the King's Head public-house, in Eastcheap. On Tuesday night, the 21st of September, about five minutes after ten o'clock, I was sitting in the bar by the side of my sister—she is the prisoner's wife—my husband was sitting at the end of the bar with his back against the window, asleep—there was a table near him—I heard a quick step coming in, looked up, and saw the prisoner—he sprang at my sister, and stabbed her on the right side, saying at the time, "My wife, or her life"—he sprang forward when he used that expression, and stabbed her—I did not see what he had in his hand at the moment—after he had stabbed her he turned round and stabbed my husband, when he was asleep in his chair—I observed that he had a knife in his hand then—he then attempted to stab me—my sister prevented him—he then walked out of the bar very quickly with the knife streaming with blood in his hand—my sister and my husband followed him as far as bar-door—my husband reeled against a dresser, and I heard him say "What is the matter?"—the prisoner had got as far as the street-door then—he turned round with the knife streaming with blood in his hand, and looked at us—I thought he was coming back to stab us again—he came back half-way across the passage, threw the knife down, and went out of the
house—he looked again when be got as far as the street-door—he had the door in his hand—I never saw him again till now—my husband fell down—he was attended by Mr. Smith, a surgeon—he died, I think, in a moment—my husband had been sleeping, and had a silk handkerchief thrown over his face.
Cross-examined by MR. BODKIN. Q. Is that part which you call the passage a place people come in at who wish to be served with liquor? A. Yes—the room in which my husband, my sister, and I sat is on the inner side of the counter—a person coming into the house would have to walk down that part of the passage to the counter, and enter by a door there, and come up to where we were sitting—you can see over the counter from the inside—I did not see him as soon as he entered the front-door—he was inside the door when I first saw him—I had heard a footstep before—I did not directly look across the counter to see who it was—when I first saw him he was inside the bar—he had passed round the counter—from the moment I saw him my attention was directed to him—the table was not out in the bar—it stands at the window—it was between me and my husband—my sister was sitting near me—I had spoken to my husband after the clock struck ten—that was about five minutes before the prisoner came in—he was awake then—that was the last time I had looked at him—not half-a-minute elapsed from the entrance of the prisoner, and his stabbing my sister.
Q. From the time he came in till this was over, you were looking at him and your sister, I suppose, and not at your husband? A. Yes—I can solemnly swear my husband did not rise from his" seat—I was not looking at him at the time the prisoner stabbed my sister, but I tried to awake him, as I thought the prisoner was going to pick my sister up and carry her out of the bar—I had no idea he was going to stab her.
Q. If you did not look at your husband, how can you say he did not rise from his chair? A. I will swear solemnly he never rose from his chair—the prisoner threw the knife away in the passage which is on the outer side of the counter—it was found in the inner side—my sister went round, picked it up, and threw it inside, after she was stabbed—I have never said that before—I was never asked the question—I was told to give an account of all that passed, but was never asked about that—I am not quite confident whether he held the knife in his right or left hand—I did not see him make any attempt to inflict a wound on himself—my sister was between him and roe when he was going to stab me.
Q. Of course you cannot say whether at that time he might make an attempt to stab himself? A. I do not think it is at all likely.
DANIEL O'CONNELL . I live in Fenchurch-street. I was at the King's Head on the evening in question, and heard the shrieks of a female at the bar—I was in the parlour, which is a separate room from the bar, and about nine or ten yards from it—after hearing the shriek I went into the bar and saw the two females standing inside the bar—one was leaning over the bar, and Mrs. Burden was coming out after her husband—I saw the deceased just outside the bar, standing right against the bar-door, and in attempting to get into the bar again he fell back into my arms—the police came in very soon—I did not hear him utter a sentence—Jarvis stood by my side—Jarvis got into the bar before me.
the prisoner running out of the door with a knife in his hand—he came back again, and tossed the knife down, outside the bar—I did not see which way he went—I fetched the doctor—I saw my master standing outside the bar.
CORNELIUS SMITH . I am a surgeon, and live in Gracechurch-street, I was called in on Tuesday night to the King's Head in Eastcheap—I got there at ten minutes after ten o'clock, and saw the deceased lying on hit back—he was not quite dead, he was dying—he died in about a minute—I examined him—he was wounded in the left side of his belly—the wound was an inch and a half long, and half-an-inch in breadth, across the abdo-men—it was a gaping wound—the intestines were protruding through the wound—the instrument had penetrated five inches, and went right into the cavity of the abdomen—that was the cause of his death—it was such a wound as a sharp knife would inflict.
JAMES BRADLEY (City police-sergeant, No. 502.) I was called into the King's Head on the night in question, about ten minutes after ten o'clock, and found a knife there which I produce—it was near the fender of the fire-place, within the bar—there was a good deal more blood on the knife than there is now—I went in search of the prisoner, but did not find him.
JOHN CHARLES DAVIS re-examined. This is the same knife which I sold on the day in question to the person who I believe to be the prisoner—it is in the same state in which I sold it, but not in the state in which I usually sell knives—he requested that it might be sharpened at the back, and I did sharpen it at the back, as well as in front, before he took it away—I can swear it is the same knife—there was nobody in the shop at the time he bought it, but two men passed through the shop from the cellar, to go out to dinner—my brother was in a room at the back of the shop at work—he could be seen from the shop—I do not think he could be seen by the prisoner.
ROBERT DUNN . I am one of the Hertfordshire constabulary. I apprehended the prisoner, at Hitchin—I and Filgate were passing through the market-place, and saw the prisoner loitering about the market—Filgate, having previously seen him, mentioned the circumstance to me, and we watched him for some time—I at last went to him, and said, "It is a fine night"—he said he was almost mad—I asked if we could render him any assistance—he said, "You must take me"—I said, "What for?"—he said, "I suppose you have heard of the circumstance in London?"—I said, "I suppose you mean stabbing the landlord and your wife?"—he said, "Yes, stabbing the landlord and my wife"—I then, with the assistance of Filgate, took him to the station—he said he did not wish to say any more, and I said I did not wish to ask him any questions—during the time he was at the station he occasionally went to sleep, and on arousing up he would say, "Oh, that scream! oh, that scream! I think I hear it now!"—and he said, "I did not intend to kill either Mr. Burdon, or his wife; I did not intend to hurt them, or touch them at all; I intended kill my own wife, and then myself; and had not Burdon got up between me and my wife, he would not have been hurt at all; but after I stabbed my wife the first time, he got up, and the second thrust I intended for my wife took him"—I frequently cautioned him, and said, "You are not like an ignorant man, and of course know what you say I shall be obliged to repeat again"—this was about ten minutes to one o'clock, in the morning of the 26th of September.
(Witnesses for the Defence.)
JAMES BLAKESLEY . I am the prisoner's father, he is twenty-seven years of age—he has been brought up in my establishment in London—I am a Blackwell-hall factor—he had a very violent illness, when between four and five years old, from which he was not expected to recover—I observed a material effect produced on his constitution by that illness, so much so as to paralyse his limbs several times, at distinct periods—when he was recovering from the indisposition, he went down to the coast with my wife and family, and he would at times drop down, and his limbs be perfectly useless, and continue so for many hours—I can scarcely state, at this distance of time, at what intervals these attacks came on—he has not been subject to attacks in the limbs since he has grown up.
Q. He has grown out of that paralysis, but have you observed any effect produced on his mind, his intellect? A. We have ever considered and treated him so—his mother, his sisters, and in fact every body who knows him, considers so—he has been in a state which we considered as weak, and foolish in his remarks, and we could not get him to do as other children would do—we could not reason with him, we gave it up—we let him alone till his reason came to—in fact his reasoning faculties appeared at times to be completely gone—it remained so till he went to school, which was when he was between seven and eight years old—while he was at school I was sent for by the schoolmaster, to see how my son would stand by the wall when the other children were at play—I looked through the blind, and I saw him stand there for, I think, half-an-hour, while the children were all frolicsome and at play together—he left school, I think, as early as thirteen—he was brought up to my business, and lived with us—I have a paper with me, taken from my day-book, which proves his absence from business—it is from the day-book he entered goods in.
COURT. Q. You employed him to enter goods in your day-book? A. Yes, that was his occupation.
MR. BODKIN? Q. We cannot go into dates; but tell us any thing about his leaving your house? A. He has left my house very frequently, without giving us any kind of notice, or preparing himself in the slightest degree for a journey, and he has been gone ten days, a week, or fort-night together, at various times—there was no difference between him and the family, or any reason for his doing so—I believe no family could live in stronger union together, father, mother, and children.
Q. In what state has he appeared when he returned? A. Almost indescribable—his embarrassment of mind for a day or two would be awful in the extreme, and when he became composed, he would acknowledge he did not know what he was doing—I have reasoned with him quietly, knowing it was nothing but weakness—I have questioned him, and never could extract from him what he had done while he had been from home—he said, yes, he had been from home, and was very sorry, and would he very glad to be reinstated, which I am proud to say I have always done—I have never touched him in my life from his birth—he had a a pulpit-desk behind mine, in the warehouse, and at times, when I have come in, I have seen him agitated, some scores of times, with his eyes starting, and his lips quivering, and I have said, "Halloo, Robert! what are you about?"—he has looked and said, "Oh, papa! nothing particular"—I venture to say that has been so scores of times, for the last five
years—I can give no reason for that but what I have stated—he could not have been agitated in that way from any domestic feeling—there was always every attention paid to him, that he should never have question put to him at all at home—in 1835, or 1836, he attempted to make an arrangement for opening a brewhouse—he had not the least knowledge of that trade, or any means of carrying it on.
COURT. Q. Were you present when he entered into the contract? A. He never entered into a contract—I do not know it myself.
MR. BOUKIN. Q. Do you know any thing about his bargaining for a brewery, of your own knowledge? A. Not at all—I spoke to him on the subject, in consequence of a communication I had received—I understood from him that he had been making application to a gentleman for a loan of money, which brought the subject up, and I gave him a part of the money he had borrowed, to remit, to satisfy it—he had obtained a small sum, but nothing like the amount he had asked for—it was about 40l.—I do not, of my own knowledge, know any thing of his taking a place at Footscray, in Kent—in consequence of a communication, I asked him about it—I believe that was in 1838—he told me that he had abandoned the house he had taken at Footscray, in a few days—I asked why be went from home, and went into such extraordinary speculations, and he could not tell me he had any reason whatever—I spoke to him about the building an oven, manufacturing bread, and bringing it to London in a cart—I mentioned that to him, as having heard it—he said he was very sorry, he saw there was no hope of succeeding, and it was a matter he was mistaken in, in fact at no time could I extract from him any solid reason—I did not myself see the place at Footscray—he knew nothing of the business of a baker—he had no pecuniary means—in 1839 I remember Mr. Brooks, of Tottenham, making a communication to me—Mr. Brooks came to the warehouse, and asked for Mr. Blakesley—I said it was me—he said, "You are not the gentleman"—my son came in, and I said, "Is that the gentleman you wish to see?"—he said, "Yes, it is"—I said, "What is all this about?"—Mr. Brooks immediately replied, "This gentleman rented a stable of me to place some horses there belonging to the Cam-bridge coach," and he (Mr. B.) had come to London to understand why my son had not been there to make further arrangements—my son replied, "I never saw you in my life, I don't know you"—J said, "Robert, what now, what is the matter?"—he said, "I never had any thing at all to do with Mr. Brooks"—Mr. Brooks said, "Mr. Blakesley, I have known you many years, and my father before me, I will not make difference between father and son, I will go"—I said, "No, pray stop, and let me hear it"—my son adhered to his statement, that he knew nothing of Mr. Brooks, and Mr. Brooks went out of the house—on the 29th of April 1841, my son left my house, and never returned up to the present time—he passed me in the fore-court of my house, one evening—I could merely recognise his form in the darkness of the evening, and that is the only time I have seen him since the 29th of April—my house was open at all times to receive him—I ever promised I would always receive him—a communication was made to me by Mr. Burdon, about a supposed guardian of his, supposed to live at Enfield, but I have not seen him since to speak to him about it.
Q. Can you mention any other circumstance of singularity of manner? A. I can relate a case similar to what I have, of his going from home in April, 1839, and never being heard of for three weeks, and traversing
through the West of England, as I understood—he brought back a newspaper with him, showing that he had advertised for a situation as a farming-man, or any thing of that sort, and I had to pay his carriage from Exeter, by the mail, and he appeared in the most excited state of mind for days after, not at all rational—I imagine it is a strong guarantee that a father, having had so much experience, would if he could have entered into conversation with him about it, but I dared not.
MR. PAYNE. Q. Was your son ever subjected to any personal restraint on account of any supposed disease of the mind? A. Not at all, nor to any treatment on that account—I never supposed him at all vicious.
COURT. Q. He kept your day-book? A. He entered the goods in it.
Q. Did he do that to your satisfaction? A. He always considered himself under my guidance—it could not be otherwise than to my satisfaction—he made the entries quite correctly.
Q. Except at the times you mention, his absence, and so on, was his conversation rational? A. It was not, repeatedly it was not; I could not collect his meaning when he attempted to explain himself—when I asked him for an explanation of his conduct, and the way he had been going on—at other times, when living with his family, his conversation was rational—little aberrations of mind would drop in, but not such as I can relate—I always thought him very far from a strong mind—about five or six years since, I sent him into Somersetshire, on some particular business, and after being there about three days, when it ought to have taken him ten or twelve, to my astonishment I heard of his being at Birmingham—he had abandoned the object I had sent him for altogether, but, by way of a blind, to prevent my knowledge of his having been to Birmingham, he went back into Somersetshire to come back to London—I know that as a fact—I had sent him into Somersetshire for the purpose of extending commissions which I held for the sale of cloth, and for the purpose of opening new accounts—I entrusted him with money to pay his expenses—he did not require much—when a gentleman goes into that part of the country they generally receive him from house to house—he returned, having quite abandoned my objects; in fact, he did not open a single account, or extend one—I think that was in the year 1836.
Q. When you sent him into Somersetshire, in order to extend your business and open new accounts, you of course thought he was competent to do that? A. It was as much a disposition to let him see the necessity there was of paying attention to business, because I knew he would be kindly received, and to make a man of him—being twenty-one, I wished to introduce him, as a matter of course, but I certainly had more of hope in it than I had of the other—he is my only son now—I lost my eldest son when he was twenty years old—he left my house in April, 1841—that was before his marriage—there was no occasion for his leaving—I never heard either of his marriage or of the family till after it had taken place.
Q. From whom did you hear of the marriage? A. My son wrote to his mother, to say "I am married"—I have never seen him since till now, except one evening, when he passed my house.
ROBERT BELL WILLIAMS . I am a wine-merchant, and live in Suffolk-lane, City. I have been acquainted with the prisoner's family about eight or nine years—in 1839, at the instance of his friends, I went down to Footscray, in Kent—I found him there—he told me he had come there to open a baker's shop—I saw the house he had taken for that purpose—it was a gentleman's cottage, with a garden in front, and a carriage-drive
round it—he was not living at the house at that time, but at an inn in the village—the house was about three-quarters of a mile out of the village, and stood by itself—it was not a place in the least adapted for the business of a baker—I was shown the house—he was not with rue at the time I saw it—I spoke to him afterwards on the subject—I inquired of him what had been his motive in taking such a house to open a baker's shop in—his answer was, that he thought it very pretty—I afterwards walked up to the house with him, but did not go in—he admitted it was the house he had taken—I conversed and expostulated with him, for about two hours, on the folly of the proceeding—he seemed to have no knowledge of the process of making bread, beyond the fact of its being baked in the oven, and he said he had engaged a bricklayer to build an oven in the house for 20l., that he had obtained a loan from a gentleman in the City of 50l., which was his whole money to begin with he had spent 12l. already in expenses, and he proposed to bake bread, and carry it to London in a cart, for which he would hire horses from a livery-stable keeper in London—I endeavoured to show him the impossibility of carrying out such a scheme, even at the first step, on the money that should remain after he had paid for the oven, and I asked him if he had any further prospect of money—he acknowledged that he had none, save a promise from the same gentleman, that if this could be proved to be beneficially employed, he might then advance him as much more, and that this was to be returned in twelve or eighteen months—I can hardly remember now what he said when I remonstrated with him, but he seemed utterly insensible, and unable to apply my arguments—I asked him if he meant to get credit for flour—he said no, but he thought any one would supply him with flour who knew he was going to open a baker's shop—I asked if he had any means of getting customers, if he had any connexion—he said no, but any one would buy his bread if he drove from door to door, and said it was baked in the country—I was not able to induce him to abandon the scheme, or to make any impression—he did not appear in the least capable of comprehending my reasons—I understood from him that there was no furniture in the cottage; the only articles he had purchased were some knives and forks, and, I believe, a coal-scuttle, or something of the sort—he did not say any thing about how it was to be procured—I then left him, and came to London—he had been acquainted with me for years—I think he remained at Footscray two or three days after I left him, because I found he had written to his family, at the end of that period, from Dorking, having gone there from Footscray—I went to Dorking, and he bad gone to Hastings—I waited at Dorking till he returned there.
Q. Did he give any account of his reasons for going to Dorking and Hastings? A. To see if he could find a baker's business there—I learned from him that he had made an agreement with a baker at Dorking, to take his baker's business at a certain date, and give a deposit of 2l. or 3l.—he was then possessed of about 8l.—I strongly endeavoured to dissuade him from going on with that scheme—I succeeded so far as this, that he agreed to return home, and to give up his schemes, but on consideration that his father would endeavour to set him up in business in the country—I reported to his father all that passed—I afterwards saw the prisoner in town—I told him an unconditional submission was requisite to be received at home again, and that his father would not consent to set him up in business—the prisoner displayed a most violent degree of passion; his face became livid, and his
whole frame was convulsed—the paroxysm continued about ten minutes or a quarter of an hour, the violent symptoms of it.
Q. You say he was convulsed, describe what you mean by that? A. A violent nervous irritation in his limbs, and he stamped most violently; although this took place in the street, he stamped on the pavement with the utmost rage, gnashed his teeth, and his face became livid with rage.
COURT. Q. He showed strong marks of passion and resentment? A. He did.
MR. BODKIN. A. What became of him after that? A. After endeavouring for two or three hours to bring him to a calmer state of mind, I left him; I should perhaps state that he used a number of threats of the most ridiculous description, in one case stating that he would endeavour to tell dog's-meat in the street, and the next moment threatening to hang himself on a lamp-post before his father's door, and a number of speeches of that sort.
Q. From the opportunities you have had for some year of observing him, did his conduct appear to you that of a rational person, or the reverse? A. Prior to the time I speak of, his conduct was usually sane, sufficiently sane; he was domestic and moral in his habits, apparently, and, from the opportunities I have had of seeing him with his family, he appeared to live on terms of the greatest affection with every member—that is down to the time I speak of—after that I have had no opportunity of observing.
COURT. Q. Before that time you had no reason to think there was any aberration of mind about him? A. No.
MR. BODKIN. Q. Did he appear to you a person of strong mind? A. Never.
MR. PAYNE. Q. What is the time you speak up to? A. October, 1839.
COURT. Q. Have you seen him since October, 1839? A. I have only seen him twice in the street, but never to speak to him since that period—I have continued my intercourse with the family—I have seen them elsewhere, but have not been to the house—I have not conversed with him since.
GUILTY . Aged 27.— DEATH .
Fourth Jury, before Mr. Baron Gurney.
2608. CHARLES FORESTER was indicted for feloniously assaulting John Pincombe, on the 9th of October, and with a certain loaded pistol, feloniously shooting at him, with intent to murder him.—2nd COUNT, stating his intent to be to maim and disable him.—3rd COUNT, stating his intent to be to do him some grievous bodily harm.
JOHN PINCOMBE . I am a policeman. On the 9th of October, I was in the Chalk-road, Battle-bridge, Islington, between five and six o'clock in the evening—I saw the prisoner standing within a few yards of the Sutton Arms public-house, having hold of a man by the collar, shaking him—the prisoner appeared to be intoxicated—I went up and told him to leave go of the man, which he did—I said he had better go home, or I must take him to the watch-house, and lock him up—he said he would not go home, nor yet to the watch-house either—I then talked to him quietly, telling him to go home, and got let a mob get round him, laughing at him—there were persons assembled around him—I then took him by the collar, and dragged him towards his home, as they told me it was not far off, just
above—after I dragged him a few yards, I let go, and talked to him quietly—he walked a few yards by himself, and then said he would not go any further—I took hold of his collar again, and dragged him towards his home, as they told me, and a man came down, a neighbour of his, and accused me of ill-using him—I said I had not, and it was no business of his—the prisoner at this time got from me, pulled a pistol out of his right-band pocket, cocked it, and presented it at me—as he was going to pull the trigger, I struck him in the breast, and he fell, and as he fell, he pulled the trigger, and it went off, but before he pulled the trigger, he said, "D—n you, I will give it to you"—he was felling down as it went off, and after he fell, and got up again, he said, "Yon would have had it safe enough, if you bad not knocked me down"—I then sprang at him—the witness said I had better search his pocket to see if he had any more—he said, "I have not got any more about me," but I found another pistol in his left-hand coat-pocket, loaded with two balls—I took him to the station, and drew the charge from the pistol.
Cross-examined by MR. CLARKSON. Q. Is there a high wall surrounding the place you understood to be his home? A. Yes—I afterwards found he lived there—a person came up and said, "Don't ill use the man, for we know him"—he pulled the pistol from his right-hand coat pocket, I believe, but I can't say whether it was his coat or trowsers' pocket; I was in front of him—I believe they have stop-locks, but I am not a judge of pistols—the one I found on him is a percussion-pistol—I saw the balls afterwards produced—I do not know whether there was a cap on the pistol—I believe there was.
JEREMIAH SHEEN . I saw the prisoner in the Sutton Arms public-house, fighting with a man outside the bar—the landlord turned him out—the policeman came up to him outside the house, and took hold of him, and was trying to get him towards his home—he got him about twenty-four or twenty-five yards from the public-house, and by a wall like a carriage-way—the policeman let him go a short space, by the gateway, and he made a sudden start out from him—I pushed back among some more people—he said something to the policeman, which I did not hear, and the policeman either hit him, or shoved him—he went backwards, and as he went down the pistol went off—I bad not seen it before it went off, nor did I know he had any about him.
(Witnesses for the Defence.)
JOHN CLAYTON . I am landlord of the Button's Arms public-house in William-street, Islington, next door to where the prisoner lives—I have known him fifteen months—during that time I have had opportunities of observing his conduct—I considered it rather different to other people's conduct—there was something a little eccentric in his character on one or two occasions—I supply him with beer—about a month before this occurred he had had a pint of porter sent him, and he came to find fault with me—he said it had made him very ill, and asked what I had been doing to it, and what was the cause of its making him so ill—he did not know what would be the consequence of it, and he should never have any more out of the house—I said I was very sorry, but there was nothing the matter with the beer—he said something had been put into it which made him very ill; in fact, he thought he was poisoned—on the Friday before this occurred, he came to my house from six to seven o'clock in the evening
for a screw of tobacco—he looked wild and rather strange, a little curious—I cannot say he was tipsy—he got the tobacco, and went away—about five minutes after he went out there was a disturbance outside—I went out, and a man named Lowe was lying on the ground bleeding at the nose and mouth—Lowe said the vagabond, meaning the prisoner, had knocked him down—the prisoner was endeavouring to get at him again, and Lowe's wife was interfering to keep him back—the prisoner's conduct was quite the reverse of being quiet—I got between them to prevent his striking him, but he broke away from me—he met a man named Bent, who came out of my house, and he knocked Bent down—I picked him up, and found him in a very bad state—on the Saturday evening he was at my house from three to four—Bent was there—the prisoner said he had come to beg Mr. Bent's pardon, and would treat him with anything he liked to have to drink—they went into the parlour together, and had three or four sixpenny worth's of nun-and-water—Cooper, a bricklayer, came to the tap-room that day—the prisoner was standing at the bar, and he commenced striking Cooper—I do not know of any reason for that—there was no reason given—I prevented any further blows by getting between them, and the prisoner said if I did not stand out of the way, he would knock me down—I took him out of my house with assistance, and he was afterwards given in charge.
RICHARD COOPER . I was at the public-house on the Saturday—I had had no quarrel with the prisoner that day—I came to the bar, and asked for half-a-pint of beer, and as I stood drinking it he ran against me by the way of insulting me—he then ran against me on the other side—I had given him no provocation at the moment—he stood in an attitude to fight, and struck at me—the landlord interfered, and in about ten minutes he struck at me again.
JOSEPH M'CREA . I am a surgeon, in partnership with John Gouldsmith, of Qloudesley-terrace, Islington. I know the prisoner, and have visited him professionally—I remember, among other occasions, seeing him, on the 24th of April, in consequence of what had been represented as a severe fall—I went to visit him since, but had great difficulty in seeing him—I have considered him in an unsound state of mind from the 8th of July last; indeed, from the 24th of April I did not think his mind sound—on the 24th of April he was living in William-street, Chalk-road—I found him at that time flushed; he appeared to have been drinking; we entered into conversation; he was hurried; he appeared to have a great number of projects in his mind, and told me boastfully of the money he had made and could make from his secrets—I mentioned to him that there was a Frenchman in London who said he had the power of producing a blue dye without the use of indigo—he appeared to catch at that circumstance, and in a moment he said, "Oh, I have got it, I have it; that is worth a thousand pounds to me; thank you; I will make you a handsome present"—he appeared in an excited and hurried state—I should say it was inconsistent with the liquor he had had, but arose from something more—by the request of his relatives I saw him, on the 8th of July, in the place where he resided, within a door or two of his mother's—it was a coach-house and stable, surrounded by a wall—his sister accompanied me to the place—she knocked at the door—he asked who was there—she said, "It is me Charles"—he then cautiously opened the door, and she said, "Mr. M'Crea has come to speak to you about my mother, who is very ill"—he replied, "I don't want to see him, I shan't see him," shutting the door in
my face, which I prevented by putting my foot between the door and the cill—he then became very violent, took up a post or piece of timber, and said he would knock my brains out if I did not leave instantly, and I left—I had given him no reason for conducting himself in that way to me—he would not let me in—I saw his relatives afterwards, and expressed my opinion of his state of mind, and recommended that he should be put under confinement—I was prepared to certify that that was necessary—on Saturday, the 9th of this month, I saw him at the police-station, Islington-green—he was lying on the floor in a state of hysterical insensibility, and partly drunk—I could form no judgment of him then—I left, and returned in about an hour and a half—he was then sitting on a bench, and the moment he recognised me he got up in a violent rage, struck at me and kicked at me—if it had not been for the police he would probably have injured me—next morning, about nine o'clock, I visited him again, accompanied by Barlow—for caution's sake, Barlow was first sent in to him—I placed myself in a position out of sight of him, but where I could hear what passed—Barlow said that his mother and sister were greatly distressed, and had mentioned something to him about a conspiracy—he replied quickly, "They are at the bottom of it; I know all about that, but I have tricked them"—he said, as soon as he got out he would settle matters with that brother of his—I then advanced towards the door, spoke to him through the grating of the door, and asked him about the conspiracy—I said, "Your mother and sister appear greatly distressed that you should have such an idea"—he said, "I know all about it, and know what you are come for, and you may take your leave"—I then asked him what had become of the bottle of prussic acid which he had had in his pocket—he said, "What do you know about the bottle of prussic acid?"—I said, "Because you asked for it last night"—he then very cunningly said, "Oh, oh, might I not have something else in my pocket in a bottle besides prussic acid?"—he was agitated and irritable, and I took my leave—I observe a twitching and irritation about the nerves of his face now—I have not had opportunities of observing it before, I have had so few opportunities of seeing him—I have been in practice thirty years, and have had several cases of unsound mind—in my judgment he is not accountable for his acts, because he is labouring under a state of unsound mind.
COURT. Q. In your judgment is he capable of distinguishing right from wrong? A. In my judgment he is.
MR. CIARKSON. Q. Have you heard the details of the circumstances which occurred on the 9th of October? A. I have heard them mentioned—I have not heard the evidence to-day—at the police-station he either said to Barlow or myself that they had drugged his beer—I asked how much he had drank on the Saturday—he said he had drank two pints of ale, two pints of porter, and a glass of brandy-and-water, it was not the quantity he drank that made him drunk, but they had put drugs in it.
JOHN GOULDSMITH . I am a surgeon, in partnership with Mr. M'Cres I was called in, on the 6th of April, to see the prisoner—I attended him at that time, and for some time after, till the 15th of April—I observed his manner and appearance, it was singular—I had occasion to send him medicine, he did not take it as directed, he took three doses at a time—I was called in on the 23rd of April to see him, at ten o'clock at night—I found him excited, and labouring under an hysterical affection, screaming and sobbing—I remained with him, endeavouring to induce him to take medicine—from my observation of him, I should say he is not in a sound state
of mind—I am not prepared to swear whether he is capable of judging right from wrong—I saw him on the 25th of April, but not professionally since—I think there is a perversion of the moral feeling, disposed to delusion.
COURT. Q. On the 25th of April was his mind predisposed to delusion? A. Yes—I do not know how he has been since that.
FREDERICK BARLOW . I am a surveyor, and live in Foundling-terrace, Gray's-inn-road—I am agent to Mr. Sutton, who owns the house the prisoner has been living in—when he took it it was a coach-house and stable, with a wall surrounding it—I have seen it a few days ago—I should think it was not in a fit state for the habitation of a person in his senses—the door on the outside has very large patent locks to it—I believe there is no bolt to the outer door, but an excellent lock—the principal inner door has a very large iron bar, which passes from the inside, and fastens inside by a kind of feather. On Sunday, the 10th of October, I saw him at the police-station, Islington-green—I asked him how he was, and said I was sorry to see him there, and for the circumstance which occasioned his being there—he said he was much obliged to me—he said somebody had put a deleterious drug into his liquor the preceding evening, which so stupified him that he did not know what he was about—he said his mother and sister had sent the drug to put into his drink—I said his mother and sister were in a state of great distress about him—he said that was all stuff and nonsense, they were the cause of his being put there—I said, "I am sure that is not so; I do not see how it is possible"—he said, "They are"—I said, "They are in great distress about you, and they have told me you have an idea that a conspiracy is formed against you"—he said, "Yes, and they are at the bottom of it"—I said I felt certain they could not be at the bottom of it, on account of their having expressed so much sorrow at what had taken place, and the grief they appeared to be in—he said, "Pshaw, they are not in grief about me, they are at the bottom of it"—I said, "If any body formed a conspiracy against you, they would have had the opportunity of carrying it into effect long since"—he said, "I have been too deep for them"—a policeman came in, and I was obliged to leave—the same morning Mr. M'Crea went to see him, and the moment he saw him he said, "I say, that is Mr. M'Crea, I don't wish to have any thing to say to you; I know what you are come about"—Mr. M'Crea observed, that he came there as a friend, and wished to talk with him for his good, and told him it was a serious matter his having fired a pistol—he said, "Me fired a pistol! I have fired no pistol"—Mr. M'Crea asked what he had done with the bottle of prussic acid he had in his pocket—he said, "What is that to you?"—I should most certainly think him of unsound mind.
DANIEL HALEY . I am a policeman. I was stationed at Islington-green—I have known the prisoner twelve months—my beat was near his premises—I remember seeing him one night in April, between twelve and one o'clock—he was at his own door, making a great noise trying to get into his door, and after that he got on his own wall—I pulled him off the wall, as I saw there was danger—he then got fighting at me—I went away, and left him—he got on the wall again, and fell off like a lump of lead—I conceived his brains were dashed out—he was quite insensible—the height of the wall was about six feet, from the outside—he fell outside—he remained there a very short time in that state, then recovered, and again got on the
wall, and dropped down on the other side, which was higher—Mr. Gouldsmith was sent for, by his sister, I believe—I heard him afterwards, on the other side of the wall—he seemed like a person in great pain, or bysterical fits—he was shrieking very much indeed.
ALEXANDER BUTTERSHURST (police-constable N 280.) I have been stationed at Islington. In July last, between nine and ten o'clock, I saw the prisoner at William-street, standing at a gate in front of his house—as I passed by, he said he expected there was a quantity of fellows coming down from a part where there are a lot of cottages in the field, he called it the island, that they were coming to attack him, and pull down his house, and he expected they were going to abuse him, and duck him in a pond—he said they were coming in a body, and he expected them that night—he asked me to send for assistance to the station, that it would require five or six men, because he expected they would overpower one or two—I endeavoured to calm him—his brother came out in the course of the conversation—a brother policeman came up—I remained some time to see if anybody came—there was no appearance of anybody coming, and never such a thing projected, I believe—I communicated to my brother constable what I thought—I remained on the beat till six o'clock in the morning—I was on the same beat till the end of August—there was never any appearance of anybody going to hurt his house—I have talked to him several times—he seemed to me to be labouring under the delusion of somebody going to attack him—he talked about a man named Lowe, a law-writer, and a respectable person named Crouch, and about a law-suit, and when I reasoned with him about his suspicions, he said I was as bad as them—he asked me to go a little way from home with him the following morning, to see him safe from home—I said I would—I went more out of curiosity than anything—he called a cab, and I rode half-way to Smithfield with him—he said he was going on different business—as we went along, he talked about the combination against him, and said he would purchase a remedy while in town to-day, that he should not require the assistance of the police any more—I asked him if a man attacked him, should he consider himself justified in shooting him, and he seemed to think not in that case, but said he should have some remedy which would end the dispute—I could not make out what it was—I got out of the cab before he made any purchase—he told me once that he had lost a spaniel dog, and he expected it was in the island where the people were combined against him—he has several times stopped me, and mentioned the conspiracy to me—one night in August he said he would have a law-suit against the parties combined against him, that he would get an action against them, that he had plenty of money, and he could soon settle them—I consider it was a delusion, as I knew the people he referred to, and I had spoken to them—I reasoned with him about it, that they had no idea of doing him harm, and then he said I was as bad as them, and he thought I knew something about it, he thought I was in the conspiracy, and had been bribed or something—I should say he was labouring under a delusion—I considered so from the first time he wished me to send for a constable.
GEORGE WADDINGTON . I am gaoler at the Police Court, Hatton-garden—the prisoner was in my custody on the 11th of October, he conducted himself in a very strange manner—he said he was sure his beer had been drugged, and something put in, but he was sure the witness Winslow had
done it on the 26th of March, and since the 26th of March he had on many occasions thoughts and fits come into his mind, as if be had committed murder.
EDWARD THOMAS MUNBOE , M.D. I live in Harley-street. I have been called on professionally to visit the prisoner, with a view to form a judgment of the state of his mind—I saw him twice in Clerkenwell-prison—the first time was on the 19th of this month—I was with him about twenty minutes, endeavouring to detect whether he was of sound or unsound state of mind—I was quite satisfied he was of unsound mind—he conversed with me very irrationally—I have no doubt it was his genuine conduct.
COURT. Q. Your experience enables you to decide whether such things are put on or not? A. I have not a doubt of it.
MR. CLARKSON. Q. Were his delusions of a particular sort? A. Yes—he said he was afraid of a conspiracy, of persons annoying him, two parties especially, named Dodd and Winslow—that he had heard them speaking of him under his window, and they were determined to have him out of his bed, and he had barricaded his house against them—that he heard them speaking up the chimney, and heard them repeatedly on the roof of his house, and he had had henbane and hemlock put into his beer by his mother—he was full of delusions and fears—on the second occasion, he told me that at times he thought himself the murderer of Mr. Zachary Turner, of Exeter, and that at times he thought his head was on the wrong way, his forehead behind.
NOT GUILTY , being of Unsound Mind.
Second Jury, before Lord Chief Baron Abinger.
2610. GEORGE BEER was indicted for feloniously accusing Harriet Read with having committed a crime punishable by law with transportation, viz. of having stolen 13 sovereigns his monies, from his person, with a view to extort and gain money from her.—2nd COUNT, For threatening to accuse her.
MR. PRENDERGAST conducted the Prosecution.
HARRIET READ . I am the wife of Richard Read, who is occasionally the master of a vessel—he is not so at present. On the 18th of August last year, my husband was at sea—I had known the prisoner before that, by his calling to see Mary Ann Barton, a young person who lodged with me—on the evening of the 18th of August, I was standing at my door—my daughter and Ann Dye, my niece, were with we—the prisoner came up and asked for Mary Ann Barton, and asked where she was living—I told him in Sydney-street—he then wished to come in and have some wine to drink—I consented, as he was not a stranger, and we went into the kitchen—a bottle of port wine was sent for—the prisoner gave Ann Dye the money, and she went for it—I think he gave her 4s.—I did not observe whether he took it out of a purse—we drank that bottle, and the prisoner proposed having a second—he gave some money for a second, and Ann Dye went for it—he took that money from his pocket—I did not see his purse at that time—after she was gone for the wine, the prisoner sat at the opposite table and was looking at his purse, counting his money over—he had a purse, and I saw some money in it, but I do not know what amount—it appeared to be sovereigns—I thought he looked very serious,
and asked what was the matter—he said he had missed half-a-sovereign—he put the money in his purse again, and said he knew where he had been previous to coming to my place, that it was a very short distance, and he would go and ascertain whether he had given it for a 6d. he said he had called for a glass of half-and-half, that he did not approve of it, and had 4d. worth of gin-and-water—he then left the house—he came back in about ten minutes or rather better—Ann Dye came back about the same time—I was still in the kitchen with my daughter and Ann Dye—the second bottle of wine was not touched at all—the prisoner said he should like to have a pint of half-and-half and a smoke of a pipe—Ann Dye fetched it, and we all sat down—I got up to snuff the candle, and he pulled me on his knee—I got off immediately, and took my seat again—he afterwards put his hand on Ann Dye's bosom, and she boxed his ears—my daughter was in the room the whole of the time—the prisoner said he thought he should stop and lodge there that night—I said I had no convenience for any thing of the sort—he then attempted to go—he got off his seat and missed his purse directly, and said he had lost his purse in the house—I was quite surprised to think he should accuse us of such a thing—he said he had lost it in my house, and he insisted on knowing the particulars—he immediately went up into the street, called in two policemen, said he had lost his money in my premises, and gave us in charge—he said he had lost his purse at the time he pulled me on his knee—I refused to go to the station, and one of the policemen behaved very ill indeed to me, and wanted to take me without a bonnet or shawl—the prisoner did not say any thing about what I bad better do, or about letting me go, nor about giving him back his money—he said we should go to the station—he would insist on saying the money was lost in the house, and the house was searched at the very instant—he did not say any thing about how I might turn the policemen out—very few words passed at the time—the policeman searched him, to see whether he had got a purse, and did not find it.
COURT. Q. Did the prisoner make a charge against you at the station? A. Yes, he said we had taken his purse—we were detained all night, and taken before the Magistrate at Lambeth-street next day—my niece and daughter were discharged—I was remanded till five o'clock, and locked up—during the time I was locked up, Shelswell, the officer, came in and asked what I was to do—I afterwards gave him thirteen sovereigns—I was afterwards called up before the Magistrate—there was no one in the Court but the Magistrate, me, and Shelswell—the prisoner did not appear, and I was liberated—at the time I was discharged, Shelswell had my money in his possession.
MR. PRENDERGAST. Q. Where did you get the money from? A. Shelswell went with me to the Bank to draw it—Ann Dye is not here—she is married, and gone into the country.
THOMAS SHELSWELL . Mrs. Read was at our office—she was put back into the cell—her daughter and Ann Dye were discharged—I had no acquaintance with the prisoner previous to the charge—I had seen him before—I was present when he accused the prosecutrix of robbing him of thir-teen or fourteen sovereigns—when she was put back into the cell I went to her—I had not seen the prisoner between the time of his preferring the charge and my going into the cell—I went to her house with a policeman and searched it at her request—I did not find thirteen sovereigns there,
nor any money—I saw a receipt or voucher for some money there, but I did not bring it with me—I then went back to her.
Q. Well, what did you then do? Answer the question.—A. Give me time—you have had time—what I did I am not at this moment aware—I might have done any thing she requested of me to do—at her request I went with her to the Westminster Branch Bank.
Q. Was that by the leave of the Magistrate? A. I do not know that I am bound to answer that question unless the Court tells me—I leave it to his Lordship.
COURT. We do not see why the leave of the Magistrate alters the case. Witness. Then I should say it was by the leave of the Magistrate.
MR. PBENDERGAST. Q. When you got there did you receive some money? A. I did not—she did—I am not aware exactly how much—we went back in a cab to the office, and about half-an-hour after she gave me 13 sovereigns, and 15s.—she made me a present of half-a-sovereign for my kindness to her—I was to give the 13 sovereigns to the prisoner—she was not kept in confinement a quarter of an hour after she paid the money—she was brought before the Magistrate, the prisoner did not appear, and she was discharged—I delivered the money to the prisoner next morning, and he was surprised at the woman being discharged—I did not search her myself.
Cross-examined by MR. PAYNE. Q. Had you any authority from, or any communication with, the prisoner, to induce that woman to part with the 13 sovereigns? A. I had not.
COURT. Q. From the time she was taken to the police-office and remanded, you never saw the prisoner, nor had any communication with him? A. I did not, nor before I gave him the money next day—it was not at his instigation or desire I applied to the woman—the whole of this has been investigated at the Home-office, and had I been to blame I should have been blamed—I went to her in the cell at her own request—coming out of the office the woman was crying, and appeared in a very distressed state—I put her into the cell myself, our gaoler not being in the way—she said, "Good G—, sir, what shall I do?"—I said, "My dear woman, you appear to be a respectable woman, if you have got the money the best thing for you to do is to let the man have the money back"—that is the right open-handed statement.
MR. PAYNE. Q. Has this been investigated at the Home-office? A. Yes, and the answer from the Secretary of State was, that he was fully satisfied of the explanation I had given of the affair there.
HARRIET ELIZABETH READ . I am fourteen years old, and am the prosecutrix's daughter. On the evening of the 18th of August I was present in the kitchen when the prisoner was there—I remember seeing some wine —it was rather late—I was asleep when the prisoner came in—I awoke and heard a confusion—I drank none of the wine—my mother got up to snuff the light, and the prisoner pulled her on his knee—she was not on his knee a second—I do not know any thing of what passed before.
NOT GUILTY .
Before Mr. Baron Gurney.
2611. WILLIAM WILSON was indicted for feloniously assaulting Hudson Brownlee, on the 10th of October, and cutting and wounding him in and upon the left side of the nose, with intent to do him some grievous bodily harm.
HUDSON BROWNLEE . I am a sailor on board the Allen of Newcastle—the prisoner was carpenter belonging to the same ship. On the 10th of October, about eleven o'clock in the forenoon, I was on board—the prisoner came on board and called me lazy—I had been laid up three days with a bad foot—I told him I was not lazy, and he came and struck me in the face with his hand and cut my lip—he told me if I would come on deck he would give me a good hiding—I struck him afterwards—we exchanged blows—we went down into the forecastle after that, and I sat on his cabin-box—he told me to get up, he would not let me sit on that—I did not get up at the exact time he spoke, and he came and pulled it from underneath me—he took his chisel out, and ran and struck me in the nose with it—it cut me—I struck him afterwards—I was not carpenter's mate.
GEORGE BETSON . I am a surgeon and apothecary. The prosecutor was brought to my shop—I found an incised wound on the left side of his nose, and the lower part of the nostril was divided—I dressed it—it healed by the first intention, and was well in two or three days.
Prisoner's Defence. He ill-used me first—I was agitated and in liquor—he used me very badly, and I have been in the infirmary ever since I have been here.
GUILTY of an Assault. Aged 37.— Confined One Month.
Before Lord Chief Baron Abinger.
2612. SAMUEL RUSH was indicted for burglariously breaking and entering the dwelling-house of William Reeves, at St. Dunstan, Stebon-heath, alias Stepney, about twelve in the night of the 27th of September, with intent to steal, and stealing therein, 1 bottle-stand, value 25s.;3 bottles, value 20s.; 1 cruet-stand, value 18s.; 6 cruets, value 12s.; 5 spoons, value 25s.; 1 coat, value 1l. 10s.; 1 blanket, value 1s.; and 1 table-cover, value 2s. his property; and that he had been before convicted of felony.
WILLIAM REEVES . I have a house in the parish of Stepney. On the 27th of September I went to bed about half-past eleven, or a quarter to twelve o'clock—I was the last person up—I saw part of the house fastened, and the servant fastened the other part—he is not here—I saw the man fasten the parlour window-shutters and the street door—I went out through the back-door about eleven o'clock, but I did not see it fastened afterwards—I do not of my own knowledge know it was fastened, but the entrance was effected through the parlour window—I came down stairs about six o'clock in the morning—I found both the parlour and kitchen in confusion, every thing was turned out of the drawers—I saw the glass of the parlour-window had been cut near the fastening, the fastening undone, and the window-sash pulled down—the fastening of the shutter had not been touched at all—the shutters do not go far enough up to the top, and they had got over the top—the shutter was still fastened when I found it—it had not the appearance of having been removed at all—lucifer-matches were strewed about the whole of the room—a cupboard had been broken open, and I missed the property stated—I did not hear the least noise in the night—the shutters reach to within one pane, or rather more, of the top— there was plenty of room for the body of a man between the shutter and the ceiling—the window was fastened when I went to bed—there are two
sashes fastened together by a catch—one of the panes of glass was broken, and the catch moved—I found the window open in the morning, so that a person could get in—the shutter is inside—there is room for a hand to go between the shutter and the sash.
Cross-examined by MR. CLARKSON. Q. Have you any other Christian name but William? A. No—I do not carry on any business—I am not at all certain with respect to the back-door.
HENRY HOBSON (City police-constable, No. 669.) I saw the prisoner in Dorset-street, Spitalfields, about half-past six o'clock in the morning of the 28th of September—when he got to the end of Dorset-street, he looked in all directions, turned round, and I think saw me—he then walked A good deal quicker than before—I suspected, and followed him, but could not catch him till he crossed Bishopsgate-street, into Farrier's rents—I stopped him at the top of Farrier's-rents—he had a bundle on his shoulder—I asked what he had got in the bundle—he said he did not know—I asked where he brought it from—he said he met a gentleman in Osboro-street, Whitechapel, who asked him to carry the bundle, and he would give him 1s.—I asked where the gentleman was—he said, "He is here, is he not?"—he looked about, and I did the same, but there was no gentleman with him at all—I told him to take the bundle down, and let me see what he had got in it—as soon as he took the bundle down, I saw the handles of the stands poke out from the bundle—I told him I did not think it was right, I should take him to the station-house, and no doubt I should find an owner for them very soon—I took him to the station, and the bundle contained one liquor-frame, three decanters, a cruet-stand, one bottle, and one black-coat, which I produce.
MR. REEVES re-examined. I can swear to this coat by my name being on it—it is one of the coats I lost that night—the whole of these other things are mine—I can swear to all of them—I missed them that night—they were in the house when I went to bed.
GUILTY . Aged 20.— Transported for Life.
First Jury, before Mr. Recorder.
2613. WILLIAM CONNER was indicted for stealing, on the 2nd of October, 1 basket, value 2s. 6d.; 1 adze, value 1s. 6d.; 2 saws, value 5s.; 3 chisels, value 1s. 6d.; 1 plane, value 2s.; 1 oil-stone, value 1s. 6d.; 1 gouge, value 1s. 6d.; 2 gimlets, value 1s. 6d.;1 punch, value 6d.; 1 square, value 1s. 6d.; 2 gauges, value 1s. 6d.,; I ham-mer, value 1s.; and 1 waistcoat, value 4s.; the goods of Charles Cavill Noy.
CHARLES CAVILL NOY . On Saturday night, the 2nd of October, I left a basket of tools on the step of a shop in Turnmill-street, while I went in to buy an article—I came out in a minnte, and they were gone—the tools and basket produced, are part of what I lost—I found them at the station about half-an-hour after, with my waistcoat.
GEORGE ANDREWS NOY (police-constable G 66.) I saw the prisoner in Red-Lionstreet, Clerkenwell, at eleven o'clock at night, on the 2nd of October, with a basket" containing a quantity of tools—when I went to cross the road to meet him, he threw it down and ran away—I followed—he
was taken by another constable, a short distance off, who brought him back—I took up the basket, and took him to the station, and before the charge was taken the prosecutor came and identified the property—I stopped him about 200 yards from the shop in Turnmill-street—I did not lose sight of him.
GUILTY .* Aged 18.— Confined Six Months.
ANNA GEORGE . I lodge in Charles-street, Berkeley-square, and am single. I hired a cab, which the prisoner drove to Gofton's, a pawnbroker's shop in Gilbert-street, on the 1st of October—I had a female friend with me—I redeemed a quantity of articles, and among the rest, ten curtains—I desired the prisoner to drive me to No. 3, Charles-street—we got out there, paid him 18d., and on examining the articles taken out of the cab in about half-an-hour I missed the curtains—my servants had taken the articles out of the cab—the curtains had been left under the prisoner's seat, which I did not know of.
Cross-examined by MR. CHARNOCK. Q. What time of day was this? A. Between one and two o'clock on Friday, the 1st of October—the prisoner was taken on the following Thursday, when I was sent for to the pawnbroker's, and saw him—I said, "You are the man who took me to my residence"—I said if he would fully confess what he had done with the property I would not prosecute him, but he did not tell me till afterwards on the way to the station—he said, at Gofton's, that he had not got the curtains—I said if he would enter into any arrangement, I should be glad, and would not take him before a Magistrate—he said he had not got them—the policeman said he must take him, as the pawnbroker identified him, and I gave him in charge—on the way to the station, he said, "What can I do to recompense you?"—I said I only wanted my curtains back, if he would tell me where they were, and give me security, I did not want to do any thing to him.
COURT. Q. Do you keep a shop? A. No, I have the upper part of the house, and have lived there eighteen years—the articles are my property.
JOHN LEOMIN . I am shopman to Mr. Gofton, a pawnbroker, in Gilbert-street, Grosvenor-square. I assisted in putting the prosecutrix's articles into the cab, which the prisoner drove—he put the ten curtains under the seat of his box, as there was not room in the cab—I gave them to him.
JOHN GRAY (police-constable C 14.) In consequence of information, I apprehended the prisoner on the 7th of October, in Oxford-street—his cab was in the rank—I said, "I think you answer the description of a man who took two ladies from Williams's and Sowerbys, and took them to Gofton's, in Gilbert-street, where a number of articles were put into your cab. and drove them to Charles-street, Grosvenor-square"—he said, "I know
nothing about it"—I said, "I think you do"—I took him to Gofton's, where the shopman identified him—Madame George was sent for, and identified him, and on the road to the station, he said, "What can I do, what recompense can I make you?"—I cautioned him not to criminate himself, if he did, I must give it in evidence against him—I said, "Where are the curtains, are they at home?"—he said, "No, they are in pledge"—the prosecutrix said she would release him if he told her about them—he had jumped off his cab seat where I and him sat, to speak to her—he said, "If you give me till to-morrow I will produce your curtains"—she said, "I only want the curtains, I don't want to hurt you"—he told me where they were pledged, and that he had sent his wife to pawn them, saying they belonged to a friend.
Cross-examined. Q. After cautioning him not to say any thing, you asked him where they were? A. I asked if they were at home—I went to his house and found it in a most wretched state—I could hardly think two human beings could live there.
(The prisoner received a good character.)
GUILTY . Aged 36.—Strongly recommended to mercy.— Confined One Month.
JONATHAN MOYES (police-constable D 162.) The prisoner was given into my custody—I afterwards heard her say before the Magistrate that she lived at No. 29, Lisle-street, Leicester-square—she refused to give her name and address at first, and then said that.
MR. PRENDERGAST. Q. Did not the Magistrate say, "I have got that down in writing," and ask you if you remembered her saying so? A. No.
COURT. Q. In consequence of this did you search the room, No. 29, Lisle-street? A. Yes, on the 15th—I found there a pair of shoes in a drawer, which I unlocked with a key found on the prisoner, which were afterwards identified by Mr. Wilson.
Cross-examined by MR. PRENDERGAST. Q. You went before the Magistrate on this charge did you not? A. Yes, after she was remanded—the Magistrate said at the second examination that he had taken down that she lived at No. 29, Lisle-street, but I heard it from her own mouth at the first examination—the clerk said we ought to have some evidence to show that this place, where the property was found, was her lodging, and then the Magistrate said, "Why, on the former examination I took down from her own lips, that she lived at No. 29, Lisle-street"—that was at the second examination, and he said, "Policeman, don't you remember it?" and I did remember it—she said so at the end of what passed before the Magistrate—it was after the evidence had been given, and when she was called on to give an account of herself—there is no one here from the house.
MARY ECKETT . I am the wife of William Eckett, a policeman. I searched the prisoner the evening she was brought to the station, and found this bunch of keys, 7s. in silver, a farthing, a pair of boots, and two pairs of shoes on her.
MARY ECKETT . I am the wife of William Eckett, a policeman. The prisoner was brought to the Marylebone station on the 13th of October—I said I wanted to see what she had about her—she said she had nothing—I said, "You must pull your cloak off"—she lifted it over her head with the boots and shoes inside it, and laid it down by her side—I asked what those were—she said she had been buying them, and was going to keep a shop—she then said one pair was for her little girl.
NATHAN BLAKE . I lived at No. 85, Edgeware-road, at the time in question. I kept a linen-draper's shop, and a shoe-shop adjoining—these shoes and boots are mine—we had very little stock left in that shop, No, 85, having moved the principal part to No. 90—those left were soiled goods—these boots are very little soiled, but the shoes are much soiled—I was in my shop all day myself, and we sold one pair of boots and two pairs of shoes together that day to one person—one pair of shoes are our own make, the others I bought of a manufacturer.
Cross-examined by MR. PRENDERGAST. Q. You have sold many thou-sand of these sort of shoes? A. Yes, I had two shops at that time, and had two people to sell in that shop—all the goods there were selling off as soiled goods—the boots are not particularly soiled—I might have sold 100 pair of shoes that day, but three pairs were not sold to one person—if my young people had done so they would have told me—I asked them—I was there the greatest part of the day myself, except at meal times—my shopwomen were the principal sellers that day—I will not swear they were not sold the day before.
NOT GUILTY .
RALPH ORMSTON . I live in South-street, Manchester-square, and am a cheesemonger. On the 13th of October, I was serving behind the counter, about nine o'clock in the evening—the prisoner came up to the window, took a piece of cheese, put it under her cloak, and walked away—I went after her, and asked her for the cheese—she said she had not got it—I took hold of her, and she dropped it from under her cloak.
Cross-examined. Q. Had she gone far? A. Eight or ten yards past the next shop—it is a very small piece of cheese—she did not see me looking at her—she was not bringing it in to be weighed, but walked away past the next shop.
(The prisoner received a good character.)
GUILTY .—Recommended to mercy.— Confined Fourteen Days.
2618. JOHN SCATTERGOOD was indicted for stealing, on the 13th of October, 5 brushes, value 3s.; 2 boot-hooks, value 2s.; 3 glasses, value 3s.; 1 comb, value 1s.; 1 glass-stopper, value 6d.; 6 towels, value 3s.; 3 collars, value 2s.; 1 counterpane, value 5s.; the goods of Isaac Davis: 1 shirt, value 5s.; 1 handkerchief, value 2s.; and 1 pair of curling-irons, value 1s.; the goods of David John Davis.
of the 13th of October I was in my office, and heard, what I thought was glass break up stairs—I went up to the hack-room second-floor, and found the prisoner packing up a variety of articles in a bundle—it was tied up—most of the articles belonged to my brother, and some to me—I collared him—he said he had been sent by my brother for them—I took him down stairs with the bundle, which was tied up in his own handkerchief, and gave him in charge—a cloak, belonging to a friend, was found in addition to the other things.
Cross-examined by MR. DOANE. Q. How long have you known the prisoner? A. About four months—my brother, who is a wine-merchant, had resided with me—the prisoner was occasionally in his employ, and I have occasionally employed him to serve writs—after my brother discharged his son for dishonesty, he complained to ray brother, who took him into his employ for a short time—my brother had left me for four or five days before—we had not quarrelled, but were the best of friends—he had left these articles behind—the prisoner attended my brother after his son left for four or five mornings—my brother had slept in the room I found the prisoner in.
JAMES MURRAY FRASER (police-constable C 3.) I went to Mr. Davis's room and found the prisoner—I found some brushes, combs, and several articles on him—he was not sober, and said Mr. Davis's brother had sent him for them.
Cross-examined. Q. He had been in your service? A. He attended me about half-an-hour of a morning as valet, two or three times a week—I left my brother's about three weeks ago, and now live in Old Cavendish-street, Cavendish-square—I am a wine-merchant—these things might have been left at my brother's, but I did not know of it—I lost sixteen shirts out of twenty-eight at my brother's, and left, being disgusted at being robbed of several articles—we could not discover who it was—I swear I never sent the prisoner to fetch any thing after I left, and I do not remember doing so at any time.
NOT GUILTY .
WILLIAM ARNOLD . I am in the employ of Stagg and Co.—it was the prisoner's business to pay the cashier all the money he received. On the 21st of October, between five and six o'clock, I saw a little girl come in and ask for some narrow velvet—the prisoner served her—I saw her pay him 6d. which he took off the counter, and went towards the cashier's desk with it, but did not put it on the desk, as was his duty—I immediately went to the cashier and asked if he had paid it to him—he was called into a private room—Mr. Stagg told him he had been robbing the firm, which he denied—I asked if he recollected serving the girl with velvet—he said "Yes"—he keeps a book to enter his sales, and it was not entered—he said at first he had entered it in his check-book, and then said he had thrown the 6d. on the desk—it was his duty to check his book as well as put the money on the desk—he took the money from his pocket—there were three or four sixpences.
Cross-examined by MR. DOANE. Q. If he receives 1s. and pays it at
once to the cashier, does he put it down in his book? A. Yes—it is done to balance the account at night, the account at the desk, and the shop, man's book—each shopman has a check-book—we have between twenty and thirty shopman—there were not above two persons in the shop when the girl came—I swear he gave her no change—she had left when he took it up—she bought two yards at 3rf.—he said so himself—the desk is in the middle of the shop—it is his duty to put the money on the desk, or call out "Cash"—I heard him call out "Cash," but the cashier was at tea at the time—he then took up the (id. and went towards the desk, but did not put it there, for I went and asked if he had paid it, and I swear he did not put it on the desk.
JONATHAN SEAMAN re-examined. I did not hear the prisoner call "Cash"—I did not see him come to the desk—it is within rails—I am sure he did not put the money on the desk—I did not see him come towards the desk—I had been five minutes in the desk, taking cash for the cashier while he was at tea.
NOT GUILTY .
2620. ROBERT ROBERTS and MARY ROBERTS were indicted for stealing, on the 9th of October, 1 pewter pot, value 1s. the goods of Joseph Robinson: also, on the 9th of October, 6 pewter pots, value 8s. the goods of John Thompson; and that Mary Roberts had been before convicted of felony; to which they pleaded
GUILTY .— Confined Three Months.
GUILTY . Aged 23.— Confined Three Months.
NEW COURT.—Thursday, October 28th, 1841.
Sixth Jury, before Mr. Common Sergeant.
2622. JAMES CANNON was indicted for stealing, on the 7th of October, 1 coat, value 8s. 6d.; 1 handkerchief, value 1s. 6d.,; the goods of James Lacey; and that he had been before convicted of felony: to which he pleaded
GUILTY . Aged 62.— Confined One Year.
GUILTY . Aged 23.— Transported for Seven Years.
GUILTY . Aged 45.— Confined One Month.
GUILTY . Aged 18.— Confined Three Months.
2626. JOHN WILKINSON was indicted for stealing, on the 5th of October, 1 bowl, value 3d.; 1 medal, value 1d.; 4 half-crowns, 12 shillings, 17 sixpences, 3 groats, 1 twopence, 4 halfpence, 2 three-halfpenny pieces; 1 piece of foreign silver coin, called a dollar, value 4s. 6d.; 1 five-franc piece, value 4s.; and 1 two-franc, value 1s. 6d.; the property of William Belchar: to which he pleaded
GUILTY . Aged 18.— Confined Four Months.
2627. THOMAS FORD was indicted for stealing, on the 16th of September, 1 coat, value 1l., the goods of Thomas Edwards: also, on the 25th of August, 3 table-cloths, value 18s.; and 1 napkin, value 1s.; the goods of Thomas Edwards: to both of which he pleaded
GUILTY . Aged 36.— Confined Six Months.
2628. JOHN DURMAN was indicted for stealing, on the 13th of October, 1 compass, value 3s. 6d. the goods of Charlotte Wrench: 1 case, value 1s. 4d.; 1 knife, value 1s.; 1 stiletto, value 6d.; 1 pair of tweezers, value 6d.; 1 thimble, value 1s. 6d.; 1 bodkin, value 1d.; and 1 pencil, value 1d.; the goods of William Halstaff: to which he pleaded
GUILTY . Aged 20.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
EDWARD AVERY . I am foreman to the St. Katharine's Dock Company—the prisoner was occasionally employed there. On Monday, the 11th of October, I went to work about eight o'clock—I hung my coat and waistcoat on a nail in the first-floor in the C warehouse—about half-past one, when I was delivering skins on the quay, I turned and saw a man with a broad back, and I thought he had my coat on—I went up to him, saw a mark on it, I knew it was my coat—I took him by the arm and said, "You have got my coat"—he said he had a wife and five children, and said, "For God's sake do have mercy on me"—this is my coat and waistcoat.
WILLIAM BUDD . I am employed in the C warehouse. I was at the warehouse between one and two o'clock, on the 11th of October—I was sent to the long-room—I was away about five minutes—I went to the first floor—on returning, I saw the prisoner there, who had no right to be there—I said, "Halloo! who Are you, what is your will?"—he seemed confused, and said nothing for the moment—he then walked past me very quickly, saying all was right—he walked with his face towards the wall, from me, avoiding my seeing his face—I said, "I don't think it is all right"—I followed him down stairs, till we came to the last division of the quay, when he turned himself, and said, "Halloo, Bill!"—"Halloo! "says I—I took him by the collar, and said, "Is this you?" he said, "Yes"—by this time Avery came up and claimed the coat.
Prisoner. On the Saturday previous I was employed at the Dock. On Saturday evening Avery met me outside the Dock, and gave me two fox-skins, and told me to dispose of them—on Monday I sold them, I gave him the money, he gave me part of it back—he said, "Sam, I want some money"—I said, "I have got none"—he staid some time, and then said, "Go up stairs, take my coat and waistcoat and pawn it"—I said, "Your coat and waistcoat is locked up in Budd's cupboard"—he told me to go and get it.
GUILTY . Aged 34.— Confined Six Months.
MR. CLARKSON conducted the Prosecution.
HENRY POPE . I am a gate-keeper at the St. Katharine Dock. On Saturday morning last, at half-past ten o'clock, I saw the prisoner come out of the A warehouse, in the Docks, in which there is deposited hundreds of casks of tallow—he came to No. 1. gate, and came out close by the warehouse, with this bag—he produced me a pass of samples of tallow—I said, "What have you there?"—he said, "Samples of tallow"—I said, "Just let me look in the bag"—samples are taken from the Dock in this form—(producing some)—he put the bag down, and seemed fumbling a great deal about it—I took him into my box, and found five lumps of tallow in the bag, which altogether weigh 20lbs. —I said, "You don't call this a sample?" taking one—he said, "Yes"—I then looked into the bag, and found five others—he begged I would forgive him, look over it, and allow him to take it back—I took him then to the superior officer—he offered to give me 1s. if I would let him take it back.
BENJAMIN LANCASTER . I am a Russia broker, carrying on business in Old Broad-street—the prisoner was my clerk for about six weeks—it was part of his duty to take samples of tallow from the Dock—I did not give him directions on the Saturday previous to this to get samples—I did two or three days before he had brought them—on the evening of the 15th of October I had given him instructions to go on board a ship to get samples, but he had no orders to go to the Docks—he might have gone—these are nothing like samples of tallow—this is an order which he had to take on board the British Oak—he did not get them—I find he could not have executed that order.
Prisoner. Q. You gave me the order on Friday? A. Yes, you might have been on board the British Oak that morning, but I do not know whether you had or not.
JOHN BINGLEY WATKINS . I am apprentice in the St. Katharine Dock—I acted as clerk of the A warehouse—the prisoner came to me about half-past nine o'clock, on Saturday, the 16th of October, and said he wanted a pass for samples of tallow from the Oak—I gave him this pass—I knew he was Mr. Lancaster's servant—if I had known that he had these parcels of tallow in his bag I should not have given it him.
Prisoner. Q. You say it was half-past nine o'clock, or was it earlier than that? A. I think it was about that time.
MAURICE WHITE . I am foreman of the A warehouse. On Saturday, the 16th of October, at half-past nine o'clock, the prisoner came and asked me where the T. B. Y.'s were—I said, "In the next warehouse, but they did not come by the Oak"—they were old stock—these lumps are not samples, nor any thing like it.
(The prisoner received a good character.)
GUILTY . Aged 29.— Confined One Year.
FRANCES BURCHER . I am the wife of George Burcher. The prisoner was in our service, to take milk out, and receive money, which she was to pay to me—I spoke to her about some money received from Mrs. Luxmore—she said it was not paid—she asked me for the bill for Mrs. Webster—I made it out, and sent it, when the prisoner came back, I asked if she had paid it, and she said she had not—I have not received it.
Prisoner. I am very sorry; I did it to pay some bills for myself; I meant to pay again.
GUILTY . Aged 19.—Recommended to mercy.— Confined Three Months.
2632. MARY ANN WHITBREAD was indicted for stealing, on the 1st of October, 1 gown, value 10s.; 1 bonnet, value 5s.; 1 cap, value 2s. 6d.; and 2 handkerchiefs, value 2s. 6d.; the goods of Joseph Whit-bread.
JOSEPH WHITBREAD . I am a gas-fitter—the prisoner is my daughter; I have a second wife. On the 1st of October she gave me information, I did not know where the prisoner was—I then found her in Hyde-park, looking at the soldiers, and she had these clothes on.
HANNAH WHITBREAD . I am the wife of Joseph Whitbread. On the 1st of this month I went out to work, and locked the prisoner in the room—I returned at night, and found every drawer and cupboard broken—the prisoner and these things were gone.
Prisoner. She has locked me in a great many times, and beat me dreadfully.
EDWARD TAYLOR . I keep a bootmaker's shop in Lamb's Conduit-street—the prisoner was in my service. On the 12th of October I lost these pieces of leather—here is a private mark on some of them—I spoke to the prisoner about it—he said, "It is the first time, pray forgive me."
Cross-examined by MR. DOANE. Q. Was the policeman present when he said that? A. Yes—the prisoner was with me about four years—he has a family.
JAMES DUNN . I keep a shoemaker's shop in Well-street, Oxford-street—the prisoner brought this leather to me on the evening of the 12th of October—I said I had not money to purchase it—I doubted whether he came by it honestly, for I knew this could not be cabbage—I informed the policeman, and he came the next morning, when the prisoner brought the leather again.
Cross-examined. Q. Did you detain the leather? A. No—he took it away, and brought it the next morning—the policeman took him with it.
GUILTY . Aged 30.—Recommended to mercy.— Confined Three Months.
2634. ELIZA SMITH was indicted for stealing, on the 4th of October, 1 gown, value 4s. 4d.; 2 aprons, value 3d.; 1 printed book, value 6d.; 2 caps, value 3d.,; 1 collar, value 1d.; 2 napkins, value 4d.; 1 shawl, value 1s.; 1 pair of stockings, value 6d.; and 1 bed-gown, value 9d., the goods of Margaret Newman.
MARGARET NEWMAN . I live in King-street, Drury-lane. On Monday evening, the 4th of October, about eight o'clock, I met the prisoner—she was a stranger—I asked her to drink some gin—we went to a gin-shop and drank some—I got drunk—I had a bundle containing these things—I afterwards missed it and the prisoner was gone—I came to my senses some time in the night, and then I called for my bundle—the policeman came—the bed-gown and a pair of stockings are found—the apron, handkerchief, and gown are not found.
WILLIAM HENRY GOUGH . The prosecutrix was at my house drinking gin—the prisoner was there—I saw a brown paper parcel in the prisoner's hand—I had not seen it in the prosecutrix's hand—they left the house together —the prisoner was sober, but the prosecutrix was drunk.
GEORGE JOHN RESTIEAUX . At five minutes after ten o'clock that night I found the prosecutrix drunk in St. Giles's—I took her to the station—I went to the prisoner's lodgings, and the keeper of the house directed me to her room, and between the bed and sacking I found some of these things, and some other things were found on the prisoner when she was apprehended.
Prisoner's Defence. She had the bundle when I left her—when I went back I picked up the bundle where I left her, but there was no gown in it—she met my mother and said if she would give her a new gown and two aprons she would not appear.
JURY to MARGARET NEWMAN. Q. Did the prisoner know where you lived? A. No—I did not know her before.
GUILTY . Aged 25.— Confined One Month.
PETER ALEXANDER JASTRZEMBSKI . I live in Griffin-street, York-road, and am an artist. On the 12th of October I was looking at a picture-shop in the Strand—I observed two men standing behind me—I suspected something wrong—I put my hand into my pocket, and did not find my handkerchief there—I had had it safe about ten minutes before—I turned and saw the prisoner by my side—I seized his hand, and found my handkerchief in his hand—I called a policeman, and gave him into custody.
GEORGE PARK . I saw the prisoner standing close behind the prosecutor—I did not see him take the handkerchief out of the pocket, but I saw it in his hand, concealed under the flap of his coat—the prosecutor seized him—he said he did not take the handkerchief, but some one put it into his hand.
Prisoner's Defence. I was walking with a man who was a shoemaker—he put the handkerchief into my hand—the gentleman seized me—I said, "I did not take it—that man who has gone on put it into my hand"—he held me, and the witness said he saw me take it.
GUILTY . Aged 22.— Confined Three Months.
WILLIAM BRADFORD . I keep a boot and shoe shop in Kingsland-road. On the morning of the 8th of October I left my shop to call on a neighbour—I returned in ten minutes—I saw a vacancy in the window, and missed four pairs of boots—the policeman afterwards showed these boots to me—these now produced are them.
ROBERT QUINLAY (police-constable N 240.) About nine o'clock that morning, I saw the prisoners at the corner of a street, half a mile from the prosecutor's—Gill approached me in a very daring manner, and I saw some boots under her shawl—the other two were crossing the road—I called to them to stop, and come to me—they came, and I said to them, "I want all three of you"—they walked before me to the station—I found two pairs of boots on Gill, and one pair on each of the other two—I took them to the prosecutor, and he identified the shoes.
Draper. We bought them.
Gill. We bought them.
DRAPER*— GUILTY . Aged 14.
CAMPBELL*— GUILTY . Aged 13
Transported for Seven Years—Recommended to the Penitentiary.
GILL— GUILTY . Aged 13.— Confined Four Days.
HENRY BARNES . I am a dry-salter, and live in Long-acre. On the 29th of September I was under the arcade near Lincoln's-inn-fields—I felt in my pocket, and I had no handkerchief—I believe this one now produced is mine—it is very much like mine.
WILLIAM COLLINS . I am clerk to a house-agent. About half-past nine o'clock, on the morning of the 29th of September, I saw the prisoner walking behind the prosecutor—he lifted up the tail of his coat, and took the handkerchief out—I cried "Stop thief," and followed him—he turned up Little Queen-street, and there I lost sight of him—he was taken by the policeman.
WILLIAM SINNOTT (police-constable F 91.) I heard a cry of "Stop thief," and the prisoner ran into my arms in Little Queen-street—he had this handkerchief in his hand, and was in the act of dropping it in a door-way —he did not see me till I caught him—he was in the act of looking back after Mr. Collins.
GUILTY .* Aged 21.— Confined Six Months.
WILLIAM MILLER . I am a milkman, and live in Ogle-street, Maryle-bone. On the 11th of October I was at breakfast in my parlour—Smith came in for a halfpenny-worth of milk to drink—my wife served it him in a glass—he drank part of it—he then beckoned, and Gardner came in, and stood on the left side of him—Bull then came in, and Smith said to Bull, "It is very good, won't you have a halfpenny-worth?"—Bull made no answer; but my wife turned herself round to take the milk off the shelf
to serve Bull, and Gardner took one of the weights off "the counter, and put it into his pocket—Smith and Bull paid for the milk they had, and when they had drunk it they all three went out together—I looked to see what weight they had got, and found it was the pound weight—I then put on my hat and followed them—they went on walking together, and I saw something pass, which I thought was a red handkerchief, but it was this red nightcap—when they got on to Union-street I met a policeman—I told him—he went and took them—he found the weight in this red night-cap, in Bull's pocket.
WILLIAM ROGERS (police-constable E 103.) I took the prisoners—I found this brass weight in this red nightcap, in Bull's trowsers pocket—when I stopped them I asked who had got the weight—Smith said, "What weight?"—I said, "The weight you took out of this man's shop"—they all said, "We have got no weight"—when I took the weight out of Bull's pocket, he turned to Smith, and said, "See what trouble you have brought me into; I told you you would"—he said at the office, that the weight was not stamped, and the gentleman could not swear to it.
Gardner's Defence. I had never been in the shop; I live in Union-street, and had only just come out; this man came and asked us if we had got the weight.
Bull's Defence. I picked the weight up, on Sunday night, at the corrner of Camomile-street.
GARDNER*— GUILTY . Aged 14.— Transported for Seven Years—Convict Ship.
BULL— GUILTY . Aged 14.
SMITH— GUILTY . Aged 17.
Confined Four Months.
2639. GEORGE WILLIAM HARCOURT was indicted for stealing, on the 3rd of October, 3 shillings, the monies of James Wilson and another, his master and mistress:—2nd COUNT, stating it to be the monies of Arthur Revick, his master.
ARTHUR REVICK . I am manager of the Distillers' Arms public-home, on Saffron-hill—it belongs to James Wilson and a female—the prisoner was barman there—on Sunday, the 3rd of October, I put some marked shillings into the till, and on the 7th I marked some more—on the Sunday following I gave the prisoner in charge, and three of the shillings I had marked on the 3rd were found in his box in my presence.
HENRY REDMAN (police-constable G 224.) I found these shillings in the prisoner's box, and the marks on them correspond with the marks the prosecutor had described before I opened it—I asked the prisoner bow he came by this marked money—he stated he brought it from the country with him.
(The prisoner received a good character.)
GUILTY . Aged 18.—Recommended to mercy.— Confined Six Months.
(There was another indictment against the prisoner.)
2640. JOHN BEALE was indicted for stealing, on the 6th of October, 34 yards of carpet, value 2s. 18s.; 1 carpet, value 5s.; and 4 yards of drugget, value 2s. the goods of Benjamin Bradley; and that he had been before convicted of felony.
am a carpet planner. I had a considerable quantity of carpeting on the landing of ray first floor, on the 8th of October, at five o'clock, and at half-past five I came home, and missed some of it—I went in search of the prisoner, but could not find him that night—the next morning he was within thirty yards of the door—I went, and took him—I said some children had told me that he had taken the carpet away, and the best plan he could do was to tell me where it was—he would not tell me, and I took him to the station—I had never seen him before—I found pieces of my carpet at three different places.
GUILTY . Aged 25.— Transported for Ten Years.
2641. ROBERT CAMPBELL MALLETT was indicted for stealing, on the 1st of October, 1 watch, value 10s.; 1 watch-chain, value 6d.; 2 seals, value 1s.; and 2 watch-keys, value 6d.; the goods of John Cordell.
ELIZABETH CORDELL . I am the wife of Charles Cordell; we live in Munday-place, Whitechapel. The prisoner came to my house on the 1st of October, and I bought a penny-worth of worsted of him—he remained there about a quarter of an hour—before he Went he asked for a piece of linen rag, to put on his sore foot—I can swear the watch was there when I went up stairs—I saw it while the prisoner was there—I gave him the piece of rag, and the minute I shut the door after him I missed the watch and seals, which belong to John Cordell.
Cross-examined by MR. PRBNDERGAST. Q. You had known the prisoner a considerable time? A. Yes—his friends are all respectable—I have never seen the watch since.
SARAH TRICKER . I live in Munday-place. On the 1st of October, I went into Mrs. Cordell's room to speak to her—she was up stairs, and I did not see her—I saw the prisoner in her room—I saw no one else there—I returned to my own room.
RICHARD PERRY . I was locked up in Spitalfields station for being drunk—I think it was on the 7th of October—the prisoner was there with me—lie told me he was there for stealing a watch, but they had not found it nor the duplicate, and they would not, for he had made the ticket all right—they could not hurt him.
Cross-examined. Q. What are you? A. I am groom to Mr. Blount, at Witham, in—Essex I had no employ at the time I was in the station—I had been living at a livery-stable—the prisoner told me what I have stated on the morning before I went to the Magistrate.
NOT GUILTY .
Cross-examined by MR. BALLANTINE. Q. Are you quite sure it is yours? A. Yes—I went to lodge with the prisoner—she took me in very kindly—I paid her 1s. a week—I never used any of her things—there was a boy there, named Webb, who was charged with stealing these things, but he did not steal them—he ran away—there was no lock on my box.
JOHN BURFORD . I produce this gown, which was pledged with me by a woman (but I cannot say who) in the name of Sarah Webb—I have known the prisoner fifteen or sixteen years—she has conducted herself honestly.
MARTIN COLEMAN (police-constable T 101.) I went to the prisoner's house on the 3rd of October—I asked her if her son was at home—she said, "No, he will not be at home till seven o'clock in the evening"—I said I suspected he was, and should search the house—she then called her son—he came to me, and said he knew what I came for, he should make it all right with the prosecutrix—I took him to the station, and then took the prisoner—she produced eighteen duplicates—one of them is of this gown.
NOT GUILTY .
NOT GUILTY .
2644. JOHN PRYOR was indicted for stealing on the 6th of October, 2 collars, value 10s.; 3 saddles, value 1l. 10s.; 1 bridle, value 7s.; 2 pairs of reins, value 15s.; 2 pairs of names and traces, value 1l.;2 breechings, value 10s.; 1 wanty, value 8s.; and 1 loin leather, value 5s.; the goods of Joseph Cheek.
JOSEPH CHEEK . I live in Gloucester-street, Curtain-road, and keep vans—my stable is a short distance from my house. At a quarter past eight o'clock at night, on the 5th of October, I went to fasten my stable—the key was lost—I fastened it as well as I could—my collars and other things were all safe then—I got up at half-past six the next morning, and the articles stated were gone, and the horse was loose in the yard—the articles produced are mine.
JAMES KITE . I drive a cab, No. 1401. About twelve o'clock that night, I was at the rank at Shoreditch church, which is within a quarter of a mile of the prosecutor's stable—a man hired me to take up a fare in Holywell-lane—when I got there, a gentleman came and said, "I shall want you to wait a little while, I am going to a house over the way"—I waited I dare say half-an-hour—the prisoner then came with this harness, and put it in the cab, and ordered me to wait—the policeman then came and took the prisoner.
Cross-examined by MR. CLARKSON. Q. Was he sober? A. He had
been drinking—I saw him come out of Puddy-court, where the stable is, with the harness on his shoulder—I know of no charge against him before.
GUILTY . Aged 30.—Recommended to mercy by the jury.— Confined Three Months.
GEORGE BOYS . I am a green-grocer, and live in Strutton-ground; I have a partner. The prisoners lodged in my house—I used to keep my money in a closet in my bed-chamber—I missed some of it—in consequence of that I packed up eight packets of pence, containing 5s. worth in each—I marked one penny in each packet, and put them on the shelves in the closet, at half-past seven o'clock in the morning of the 2nd of October—I went there about half-past eleven or twelve, and four of the packets were gone—the cupboard was locked—I watched Johnson out on the Sunday morning, and stopped her, about twenty yards off—I called a constable—he found on her 4s. 2 1/4 d. in copper—one piece had my mark on it—I searched Pearson's room, about half-past four the same afternoon, and found 4s. worth of penny-pieces there, on a cross piece of the bed-stead, under two gowns, and one was a very conspicuous penny-piece, which I had tied up—Pearson returned home about eight o'clock in the evening—she said the coppers found in her room were not hers, and that when she left she had not any coppers—there were two other persons in the room.
Cross-examined by MR. PHILLIPS. Q. Was Johnson in the habit of buying potatoes of you? A. Yes, she has sometimes paid silver, and got change in halfpence, no doubt.
COURT. Q. What was found on her? A. 4s. 2 1/4 d., and a paper which corresponds with the papers that were round the other coppers in the closet—I should not have given her change out of those packets—they were placed in the closet, in order to detect the thieves, by direction of the person at the station-house.
TERENCE M'CARTHY . I am a policeman. Pearson was brought to the station on the evening of the 2nd of October—she said she had no money, and she had sent her daughter to the mangler's without money, and she was afraid she would not get the things.
Pearson's Defence. On that Saturday morning I had no money but 1s.—I sent my little girl to the mangler's for the things, and said, "If the woman don't like you to have them without money, you can leave a table-cloth." I then went to work, leaving my niece in my room; her husband came to her; he had some money, and she gave the child 6rf. to get the things from the mangle, and to buy some cotton.
PEARSON— NOT GUILTY .
JOHNSON— GUILTY . Aged 28.— Confined Six Months.
2646. SARAH PEARSON was again indicted for stealing, on the 17th of September, 1 pestle and mortar, value 8s.; 2 handkerchiefs, value 8s.; 1 pillow, value 6s.; 1 pillow-case, value 1s.; 1 blanket, value 7s.; and 1 snuff-box, value 1l.; the goods of Robert Kennett, her master.
Prisoner. When Mr. Kennett invited me to come to his house, his housekeeper had died, and her mother gave me the snuff-box.
MR. KENNETT re-examined. This is my snuff-box, and was never given by me to any body—all the articles now produced were found at the pawnbroker's, and the duplicates were found in the prisoner's room.
Prisoner. I had an accident, and was confined for eleven weeks; my things were removed day by day, and these things must have been removed by the person who was waiting on me.
GUILTY . Aged 50.— Confined Six Months.
CHRISTOPHER WOOLHOUSE . I am a bookbinder, and lodge at the White Swan public-house, in Chancery-lane—the prisoner lodged in the same room as me—I kept my wearing apparel in my carpet bag in the room, and amongst them was a breast-pin and a handkerchief—the bag was generally locked, and I kept the key. On the 1st of October I observed my lock was put on in a different manner to what I put it on—I opened the bag, and missed this breast-pin, worth 5s. and a handkerchief—I gave the prisoner in charge.
Cross-examined by MR. JONES. Q. What is the handkerchief worth? A. I should say about 1s.—I had known the prisoner four or five days before the robbery—his friends are respectable.
Cross-examined. Q. How long have you known the prisoner? A. About a year and a half—he was apprenticed to my master, who is a veterinary surgeon—he has been a respectable young man, but got into bad company at the White Swan.
GUILTY . Aged 20.—Recommended to mercy.— Judgment Respited.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 26.— Confined Six Months.
GUILTY . Aged 14.— Confined Four Days, and Whipped.
GUILTY . Aged 35.—Recommended to mercy.— Confined Two Months.
MARY ANN POULTER . I am the wife of Edward James Poulter, a shoe-maker, in Skinner-street, Somers-town. On the 2nd of October the prisoner came for some children's boots—I showed her some—she did not like them—she asked to see some more, and did not like them—she afterwards said her mistress would call about eight o'clock—as she was going away her appearance was a little bulky—I asked what she had under her shawl—she did not say any thing, and I found these shoes concealed there—I gave her into custody—these are my husband's property, and have his private mark on them.
Prisoner's Defence. I had had a drop of half-and-half, and did not know what I was doing; it is the first time.
GUILTY . Aged 18.—Recommended to mercy.— Confined One Month.
2652. WILLIAM BAILEY was indicted for stealing, on the 8th of October, 1 barrow, value 3l.; 9 loaves of bread, value 5s. 10d.; 3lbs. weight of flour, value 10 1/2 d.,; and 2 sacks, value 7s.; the goods of Isaac Hill.
JAMES SERLE . I am in the service of Mr. Isaac Hill, a master baker. On the 8th of October I left my barrow in the Commercial-road, while I took some bread up the road—in about an hour and a quarter, when I came back, the prisoner was in custody, and the barrow, bread, and flour were there.
EDWARD SMITH . I am a baker. I saw this barrow in York-square, opposite my master's house—I saw the prisoner put a basket on the handle, and wheel it across the road—he then wheeled it into Rose-lane—he saw me coming, then put the handle down, and ran off with the basket that he had put on the handle—he ran down White-Horse-street—I called "Stop thief"—he dropped the basket in York-square—I am sure he is the person—I did not know him before.
ROBERT BYLES (police-constable K 216.) I took the prisoner—he told roe a man offered him a glass of gin to wheel the barrow across the road, and he would go to the man who hired him—I said I would go with him—he then said he would not go with me.
GUILTY . Aged 20.— Confined Two Months.
2653. SAMUEL WILLIAMS was indicted for stealing, on the 21st of October, 1 pair of shoes, value 2s. the goods of William Allen; and 1 shirt, value 3s. and 1 handkerchief, value 1s. the goods of Thomas Stroud.
WILLIAM ALLEN. I am ostler at the White-Bear-inn, at Hounslow; Thomas Stroud was under-ostler. The stable is close to the White-Bear—I saw it fastened up about eleven o'clock at night—I went between six
and seven the next morning, and found the stable and corn-bin broken open, and the things stated in the indictment gone—I called the policeman—on the Friday night following I stood at the door—some person went and pulled the stable-door open again, and went in—I spoke to the policeman—we went into the loft, and found the prisoner concealed in the hay—he had my shoes on his feet, and this handkerchief tied round his face—I asked what he had done with the shirt—he said, "I never had one"—I said, "You had better tell us, it will be better for you"—he said, "I sold the shirt at a little second-hand slothes-shop just in House-low"—this is the property.
THOMAS WILLIAM DANIELS . I am a policeman. I was sent for, and went into the loft—the prisoner was lying there, with the shoes on his feet, and the handkerchief on his head—I conveyed him to the station—in going along, Allen asked him what he had done with the shirt—he said lie never had a shirt—Allen said he had better tell—he then said he sold it for 8d.—I went and got it—the stable had been broken through some boards—he had broken the lock on the corn-bins, and got these things out.
GUILTY . Aged 24.— Transported for Seven Years.
2654. JOHN O'HEARN was indicted for stealing, on the 9th of October, 1 bottle, value 3d., and 1 1/2 pint of wine, value 3s. the goods of Henry Drake, from the person of Richard Winter:—2nd COUNT, stating it to be the goods of Richard Winter.
RICHARD WINTER . I was in the employ of Henry Drake, a surveyor. I was employed on Saturday night, the 9th of October, to fetch three bottles of wine from Stock bridge-terrace, Vauxhall—I was to take it down to Mr. Drake on Sunday morning—I had one bottle in each coat-pocket, and one in my hand—I was between Orchard-street and Portland-street—the prisoner came up to me, and pulled the bottle of wine out of my hand—he could not get it by pulling, and then he wrenched it out, and ran off—I called "Stop thief" and "Police"—the policeman went after him, and he was taken—I saw the broken bottle.
Cross-examined by MR. PHILLIPS. Q. What hour was it you got this? A. Between nine and ten o'clock in the evening—it was about a quarter to one in the night when this happened—I had other business to do that night—I had not been drinking—I swear that I had no more than what did me good—I had my senses about me—all I had to drink was a pint of porter—on my oath I (had not been drinking with the prisoner—the prisoner was quite sober.
JAMES NOBLE . I am a policeman. I heard the alarm, and saw the prisoner running in Portman-street—he ran to Portman-mews—I followed, but at the farther end of the mews I lost sight of him—in about two minutes I saw him in custody of another constable—I returned to the prosecutor in the mews, and said, "Is this the man?"—he said, "Yes"—I was present when the broken bottle was taken up by the other constable, and he had run on that side of the mews—it smelt very strong of sherry wine.
Cross-examined. Q. Did he appear sober? A. He had been drinking, but was sober—I did not smell his breath—I could tell by his manner.
—I laid my hand on him—he said, "Mr. Stanley, what is the matter?" and said, "There is nothing the matter"—I said, "There is something"—I let him go, and he ran off—I ran and caught him in a passage, in Calomel-buildings—we brought him hack to the prosecutor, who said he was the man—I did not perceive he was in liquor—I picked up the bottle—as far as I can judge of the wine, it was sherry.
Cross-examined. Q. Have you been drinking? A. I have had part of a pint of beer—I might have had more—I am sober at this instant.
(The prisoner received a good character.)
GUILTY . Aged 25.—(Recommended to mercy)— Confined Six Weeks.
SARAH JARVIS . I am a widow, and lodge with my daughter at Islington. On the 5th of October, I missed two spoons—the prisoner was servant to my daughter—this spoon was brought back by the broker, with the prisoner—it is mine—it is broken in two.
Cross-examined by MR. PHILLIPS. Q. This is your own spoon? A. Yes—I have the fellow-spoon to it here.
ABRAHAM ABRAHAMS . I was standing at the corner of Southampton-street, Pentonville, and the prisoner asked if I knew where a silversmith lived—I said, "There is no silversmith near here, but there is a pawnbroker's at the foot of the hill"—I asked if she had any thing to sell—she said her mistress had sent her with this spoon to sell—I looked at it—directly I had it in my hand, I said, "Who is your mistress?"—she said, "It don't matter to you"—I said, "No one will buy it unless they know your mistress"—I then saw a policeman, and gave him the spoon—I followed with the policeman, and we found where her mistress lived.
Cross-examined. Q. Did you ask her if it was a job she wanted? A. Yes—I thought she might have some job for silversmiths—I take in jobs myself—I keep a broker's shop, and am a general dealer—I wanted the job for myself—she did not refuse to sell it me—I was a witness against a man last sessions, who broke into my shop—I have only been a witness in two other cases, I swear.
JOHN CHARLES BEALE . I am a police-sergeant. I was on duty in Southampton-street. I saw Abrahams beckon to me—he said the prisoner bad offered him, the spoon for sale—I asked if it was hers—she said, "No," her mistress sent her out to sell it—I asked where her mistress lived—she said she was not bound to tell me—I said she must tell me, or I would take her to the station-house—I went a few paces, and found she lived at Edward-terrace.
Cross-examined. Q. Is this signature your hand-writing? A. Yes—I said at Hatton-garden that the prisoner said her mistress sent her—I cannot say whether it was taken down.
NOT GUILTY .
2656. WILLIAM DAY was indicted for stealing, on the 11th of October, 2 brass bushes, value 2s. 6d.; 1 bearing, value 6d.; 2lbs. weight of brass, value 1s. 2d.; and 1/4 lb. weight of copper, value 4d., the goods of Luke Embelton, his master.
JOHN JOHNSON . "I am foreman to Luke Embelton, an engineer—the prisoner was in his service as a labourer, for five months. This is my master's property—it was taken out of the drawer in the shop—the prisoner
had access to that drawer—on the 11th of October the prisoner left the premises with a bundle under his arm—the officer afterwards showed me the brass—I had seen it safe on the Saturday before.
Cross-examined by MR. CARTEEN. Q. Is there any mark on this brass bush? A. No—I can identify this bush—it is used for putting in cast-iron pullies—I know it by having it in my hand so many times—I could almost swear to every bit of brass I have to do with—it bad been on the bench a long time, and I took it off and put it in the drawer—my master had about eleven men in his employ—I can swear that this piece of brass was missing (looking at one piece) and this bush was missing—this bush was the only one on our premises.
JAMES BRANNAN . I am a sergeant of police. On the 11th of October I was on duty at half-past seven o'clock—I saw the prisoner pass with something in a handkerchief—I heard it chink—I followed him to a brass-founder's shop, and he placed it on the counter—I went in and said, "What have you got here?"—he said, "Nothing particular"—I asked where he got it—he said, "No where particular"—he said he was out of work—I asked where he lived, and he told me—I went there, then came back, and took him to the station-house.
Cross-examined. Q. He gave you his address? A. Yes—I have known him four or five years—he has eight or nine children, and I believe they now want bread.
(The prisoner received a good character.)
GUILTY . Aged 43.—(Recommended to mercy.)— Confined Six Weeks.
GEORGE POWELL . I am a shoemaker, and live on Saffron-hill. The prisoner was in my employ as a shoe-closer—he had no access to my leather, without it was given him to close by me or my foreman—he had been with me three or four months, and was paid by piece-work—on the 18th of August he left my premises without notice—some of my men told me he was gone—I went up to his room, and missed six pairs of uppers which had been given him to close, and which he should have brought to me after he had done them—I found him working for a Mr. Peacock—he said if I would forgive him, he would make up the money for them—I said I could say nothing about it, he must go before the Inspector—I took him there, and he told two different stories—I have not found the leather—I believe it was a drunken spree—some of the rest had part of the money, and they persuaded him to take them.
Prisoner's Defence. On that day I received six pairs of leathers, I put them on my seat—about thirty men had access to my room—I went to cut the leather the next morning, and they were gone—I went to my
father and got work in the name of Davis—I would have paid the money, but my master would not take it.
GUILTY . Aged 19.— Confined Six Weeks.
THOMAS KELLY . I am a policeman. On the 23rd of October, I was in Short's-gardens, leading out of Drury-lane, a little after ten o'clock in the morning, and met the prisoner carrying this large carpet—knowing him I crossed to him, and asked what he had got—he said a carpet which he had found at a door-way—I asked where—he looked round, threw the carpet at me, and ran away—I pursued, and took him in St. Giles's—he made several struggles to get away, but I kept him, and found the owner on Monday.
Prisoner's Defence. As I was going to work, I saw this carpet lie at a door-way—I knocked at the door and asked whether it belonged to them—they said no, and told me to go higher up—I went, but could not find the owner—they told me to go to Long Acre, which I did, but there were no shops there—I then came back, and this officer laid hold of me.
GUILTY .** Aged 22.— Transported for Seven Years.
OLD COURT.—Friday, October 29th, 1841.
Third Jury, before Mr. Common Sergeant.
JOHN HIDE . I am in the service of Jesse Jones, a linen-draper in High-street, Pentonville. On the 25th of October the prisoner came to take the dust away—we afterwards missed five rolls of muslin, belonging to my master—we had not sold it—this now produced is it—it has our private mark, on it.
Cross-examined by MR. PHILLIPS. Q. Were you there when the prisoner sand his mate called with the dust-cart? A. Yes—the prisoner took the empty baskets down, and carried the full ones up, and threw them into the cart—the dust was kept in a box in one corner, and the muslin on shelves in the same place.
WILLIAM ABBOTT . I live in Brewer-street, Clerkenwell. On the 25th of October, between seven and eight o'clock in the morning, the prisoner brought a basket to me containing a sack, with two rolls of muslin in it—he asked me to let him leave it there till evening, when he would call for it—he was alone.
Cross-examined. Q. I believe you had known him many years? A. About a year—I knew he was in the employ of Dodd, the dust contractor, between two and three years.
GUILTY . Aged 37.—Recommended to mercy.— Confined Six Months.
GUILTY .— Confined Four Months.
2661. FREDERICK BOND was indicted for stealing, on the 13th of October, 1 brooch, value 6d.; 1 pocket-book, value 6d.; 3 sovereigns, and the halves of a 20l. each; the property of William Mardon, from the person of Charlotte Elizabeth Mardon.
CHARLOTTE ELIZABETH MARDON . I am the wife of William Mardon, of No. 11, Great Portman-street, Marylebone. On the evening of the 13th of October I was at the house of the prisoner's father—the prisoner sat by my side—he went away, leaving me there, and after he left I missed my pocket-book, which was in my pocket on the side he had sat—it contained a brooch, three sovereigns, and the halves of two 20l. notes—the pocket-book produced is it—it was taken from my pocket.
BETSY MATERS . I am the wife of Samuel Mayers, and live at No. 10, High-street, Clerkenwell. On Wednesday, the 13th of October, between four and five o'clock, a boy came to my house to change a sovereign—he bought some biscuits—I gave him eighteen shillings and two fourpenny-pieces—I do not know who he was.
HENRY KNIGHT . The prisoner is my son; I am a working shoe-maker, and live at No. 5, City-road, Islington. About five o'clock in the evening of the 13th of October, the prisoner came down stairs and went down the area into the front kitchen, towards the cellar—I afterwards searched the cellar, and found this pocket-book containing the articles in question—six of us went down to search—I found it about half-past two o'clock.
CHARLOTTE ELIZABETH MARDON re-examined. I missed my pocket-book about five o'clock, as near as I can guess—his father, and mother, and sister were in the room, another brother and himself—neither of them sat so that they could take it—my pocket was not cut.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy— Confined Four Months.
BENJAMIN POOL . I am shopman to Phillip Lawton, a pawnbroker, of Bishopsgate-street. About five o'clock, on the 26th of October, the prisoner came to the shop to pledge a waistcoat—she was brought back in half-an-hour by a policeman with a scarf, which I found had been taken from the shop.
Prisoner. I bought it in Petticoat-lane. Witness. I am certain it is my master's—I saw it safe that morning—this ticket was on it when I lost it.
Prisoner's Defence. After I bought it I went to pawn it; I gave a shirt and frock, and 1s. for it.
GUILTY .— Confined Six Months.
(There was another indictment against the prisoner.)
Before Mr. Baron Gurney.
2663. SAMUEL WHAPHAM was indicted for feloniously and knowingly uttering a forged 10l. Bank note, with intent to defraud t he Governor and Company of the Bank of England: also, for feloniously and knowingly uttering 1 other forged 10l. note, with like intent; to both of which he pleaded
GUILTY . Aged 28,— Judgment Respited.
2664. THOMAS POOR was indicted for that he, being employed under the Post-office of Great Britain and Ireland, did steal a certain post-letter containing 1/2 yard of cambric, value 1s.; 1 slip of cambric, value 1d.; and 1 5l. Bank note; the property of her Majesty's Postmaster-general. Other COUNTS varying the manner of stating the charge.
MR. ATTORNEY-GENERAL, with MESSRS. SHEPHERD, GURNET, and
BULLOCK, conducted the Prosecution.
JOHN METER . I live in Conduit-street, Bond-street. In September last my wife was staying at Herne Bay—on the 21st of September I wrote a letter to her, addressed to "Mrs. Meyer, at Mr. Piercey's, 3, East-street, Herne Bay, Kent"—I gave it to Hugh Jones—there was half-a-yard of Irish cambric, a strip across the cambric, which I bought as a pattern, and a 5l. Bank of England note in it—this is the note—(produced)—this was in the letter—it has two names on it, by which I know it, besides the date and number, which I took at the time—on the 23rd, in consequence of hearing from my wife, I went to the Post-office and gave information.
HUGH JONES . I am porter to Mr. Meyer, of Conduit-street—I remember receiving three letters from him on Tuesday, the 21st of September, one of which was addressed to Mrs. Meyer, at Herne Bay—I remember that letter perfectly well—I took them to the Post-office receiving-house in Maddox-street, kept by Mr. Dawes, a grocer, and gave them to King, his assistant, who weighed the letters, and took 4d. postage.
Cross-examined by MR. BODKIN. Q. You did not observe what he did with it? A. I did not.
JAMES KING . I am in the employ of Mr. Dawes. On the 21st of September I remember receiving three letters from Jones—one was directed to Mrs. Meyer—I received the postage of that letter—I put it into the paid letter-box—the prisoner was in Mr. Dawes's employ at that time—he had the opportunity of observing the letters—he was in the shop that day—no one but him and I had access to the letter-box—I did not see the letter after I put it into the box—on the 22nd I had occasion to send the prisoner into the City between two and three o'clock—he returned between five and six.
Cross-examined. Q. He was an ordinary porter in the grocer's shop? A. Yes—the paid letters were kept in a drawer under the counter, which was kept unlocked—the letters would be sent away from our house about a quarter before six o'clock—I was in the shop all the time from the time I received the letters from Jones till the bag was made up, and the prisoner was with me.
COURT. Q. What time was the letter put in? A. About half-past four o'clock—the prisoner assisted me to make up the bag—I took the letters out of the box, paid and unpaid, and put them into separate bags—the prisoner assisted me in separating them—it was part of his duty occasionally to assist in sorting and separating letters.
LOUISA MEYER . On the 22nd of September I was staying at Mr. Piercey's, at Herne Bay—I did not receive a letter from my husband about that day containing a 5l. note, nor a piece of cambric—I had sent the piece of cambric now produced to my husband as a pattern before the 22nd of September.
Cross-examined. Q. Which is the pattern? A. This—there is a bole by which I know it—I had been working on the cambric some time before—I speak to it as well from my recollection—this is the remains of a larger piece I had been working on—I had done no work on this piece myself—I think I can positively swear this is the same piece—I have not a doubt on the subject—it is a piece of the cambric on which I had worked.
MR. MEYER re-examined. I put into the letter the remnant of cambric I received from my wife—in the centre was the 5l. note and half a yard of cambric besides which I had bought from the pattern, about half an hour before I put it in the letter—both these pieces resemble what I put into the letter—it was Irish cambric—I had sent down a piece before which was not the width, and I had this slip as a pattern for the width, which drew my attention to it.
Cross-examined. Q. How did you get the pattern? A. Mrs. Meyer sent it to me in a letter, I think—I had it four or five days, but I frequently went down to Herne Bay, and do not remember whether I had it by letter.
MRS. MEYER re-examined. I gave it to Mr. Meyer—I do not think I sent it.
MR. MEYER re-examined. I sent down another piece not quite correct after I had the pattern—I bought the piece myself in Regent-street, and I bought the first piece at the same shop, at the corner of Conduit-street—I did not take the pattern with me the first time—I left it in a drawer at my own house for some days, among some papers—there was nothing else like cambric there.
ALEXANDER ROBERTSON . I am one of the pay clerks in the Bank of England. I remember this 5l. note being presented for payment on the 22nd of September—I have the book in which I made the entry—my attention was called to the circumstance by a particular writing on it—I entered it—I am quite sure this is the note—I have every reason to believe that the person who presented it wrote this on the top of the face, "Thomas Smith, 307, Oxford-street"—we always require a person presenting a note to write his name and place of residence—I gave four sovereigns and 1l. in silver for it—my attention was drawn to it by an application being made two or three days after.
MATTHEW PEAK . I am a policeman. I was sent for to the solicitors office at the General Post-office, on Saturday, the 25th of September—Mr. Peacock, myself, the prisoner, Mr. Phillips the clerk, and Mr. Elb, another clerk, I believe were there—the first thing said to the prisoner was that a letter had been posted at his master's house containing a 5l. note and a piece of cambric, since that the note had been changed at the Bank of England, and the writing on it much resembled his handwriting; and from this circumstance his person and lodging must be searched—he made no objective—I asked him where he lived—he said, "No. 7, Tyler-street, Regent-street"—I asked him if he had got any money at home—he said, "Yes, he believed his wife had got three or four sovereigns—I asked him where she got it—he said she saved it from her last situation—I then went to No. 7, Tyler-street, and asked if Mr. Poor lived there—I found a woman answering
swering to the name of Mrs. Poor—she took me up to the second-floor—I asked her if she had got any money—I found four sovereigns in a box—I afterwards told the prisoner what she had said—I stated to him all that passed about the money—I asked her where she got it—she said her husband brought it home last Wednesday—I then made further search, and in a drawer I found the two pieces of cambric produced—they have been in my possession ever since, till I produced them to-day—I returned to the Post-office, saw the prisoner, and told him the account his wife had given—he did not say a word to it—the cambric and the note were shown him—I told him I found the cambric in the drawer of that house, and that his wife said she had never seen it there before, and that her husband must have put it there unknown to her—he made no answer.
Cross-examined. Q. Did any body desire you to put these questions to a man under a charge of felony? A. put no questions—I believe I and Mr. Peacock both asked him if he had any money at home—it was not by any body's desire—the 25th was Saturday, and Wednesday was the 22nd.
CHARLES DAWKS . I keep a receiving-house for letters—the prisoner was in my service—it was part of his duty at certain times of the day when the letters were heavy, to assist in getting them out of the box—he has done so repeatedly—I have seen him write—I believe the name "Thos. Smith, 307, Oxford-street," on the face of this note, to be his hand writing—I cannot swear to it.
Cross-examined. Q. How long has he been with yon? A. Nearly seven years, four of which he lived in my house—it was King's duty more immediately to attend to the letters—towards four or five o'clock, when the letters got heavy, the prisoner assisted King—when I was present, I did not require it—I had the highest opinion of the prisoner until this charge was made—I had a good character with him when be came to me.
GUILTY . Aged 25.— Transported for Twelve Years.
2665. JOHN ODELL RATHBONE was indicted that he, being employed under the Post-office of Great Britain and Ireland, feloniously did steal, on the 15th of October, a certain post letter, containing I sovereign, the property of Her Majesty's Postmaster General.—2nd COUNT, for embezzling the said letter and money.—3rd COUNT, for secreting them.—4th COUNT, for destroying a letter containing 1 sovereign.—5th COUNT, for stealing a sovereign out of the said letter.—6th COUNT, for stealing the letter and sovereign.
MR. ATTORNEY-GENERAL, with MESSRS. SHEPHERD, GURNET, and BULLOCK, conducted the Prosecution.
JOHN PLAYLE . I am assistant inspector of letter-carriers. The prisoner has been a letter-carrier in the Post-office about two years and a half—he assisted in delivering letters in the Golden-square district—Great Windmill-street is part of that district delivered by him—Mr. M'Gowan lives in that district—there have been many complaints of letters not being delivered in that district; in consequence of which, on the 14th of October, I enclosed a marked sovereign in a letter, directed to Mr. D. M'Gowan, 16, Great Wind-mill-street,
Haymarket, London, to be sent into that district—this sovereign now produced is it—I gave the letter to Mr. Boyden, an assistant inspector—I did not see what he did with it—in consequence of what I heard on the morning of the 15th of October, I went in search of the prisoner at hit walk—I did not find him there—I then went to his residence, and after waiting an hour and a half, he came there, about one o'clock—I asked him at what time he had finished his delivery—he said, "About eleven o'clock"—I said that must be false, for I had applied at the receiving-house, and had heard he had been there to sign his card at a quarter after ten—he wished to go into his house, but I would not let him—I brought him immediately in a cab to the Post-office—he was taken up to Mr. Peacock, the solicitor's room—Peak, the officer, was there, Mr. Peacock, and several others—he was searched—he did not object to be searched—I saw a sovereign, a half-sovereign, and eight or nine shillings in silver taken from his pocket by Peak—the sovereign was the identical sovereign I had put into the letter—I have looked at it—he was then informed that in consequence of complaints from different parts of his district, and especially from Mr. M'Gowan, he was suspected of not delivering a letter that morning which was known to have been in his possession—he was told about this particular sovereign—he said he had brought the sovereign from home that morning—(looking at some fragments of a letter)—I am quite positive this is part of the letter which enclosed the sovereign.
Cross-examined by MR. CLARK SON. Q. I suppose you are equally certain of the sovereign itself? A. Quite—I got the sovereign from Mr. Blott, a clerk to the Superintending President.
MR. SHEPHERD. Q. By whose direction did you put the sovereign into the letter? A. Mr. Bockenham's, the Superintending President—he is the head of the inland department.
THOMAS BOYDEN . On the afternoon of the 14th of October I received a letter from Mr. Playle, directed to Mr. M'Gowan—I locked it up in a drawer till the following morning—I then took it to the seat where the prisoner sat, and in his absence placed it among other letters which he had to deliver that morning—I afterwards saw him return to his seat and take the letters—the day of the month was stamped on the letter, which is the regular stamp put on letters passing through the Post-office.
Cross-examined. Q. Do you know who put the day of the month stamp on it? A. I do not—I did not see it put on—it was put on for the purpose of making it appear a letter which bad been posted.
COURT. Q. Was it put on it before you placed it there? Q. Yes—it was not put on in that office—it was stamped in that way at the time I received it from Mr. Playle.
MR. PLAYLE re-examined. The stamp was put on by Mr. Blott in the Superintending President's office—it was done to make it appear like a letter which had passed through the office.
MR. CLARKSON. Q. Which it never had done? A. No.
BLOTT. I am a clerk in the inland office of the General Post-office. About the 3rd or 5th of October I marked a sovereign—I saw it again on the 14th—I saw it folded up in a letter in the Superintending Presidents office—the letter was sealed in my presence and stamped with the country paid stamp "Hadley," and with the delivery stamp of the next morning, and marked "paid "by myself—I then gave it into the hands of Mr. Playle, who put the sovereign into it in my presence—the sovereign had come out a fund in the office which I have in my custody—I keep the money for
twelve months, and then it is paid to the Postmaster General—I keep the money under the authority of Mr. Bockenham, the Superintending President.
Cross-examined. Q. Where did the penny come from which was paid for it? A. There was no penny paid—it was marked "paid"—it was done to detect crime—it had not been in any receiving house—it was made to appear as if it had come from Hadley, which it had not done.
Q. You had tried this scheme, had not you, before? A. It was tried on the 7th, and the letter delivered in due course—the sovereign was money which was picked up off the floor of the Inland-office, which is frequently done—money that has fallen out of letters—this sovereign was supposed to have fallen out of a letter in the office.
DOUGAL M'GOWAN . I am a printer, and live in Great Windmill-street—the prisoner used to deliver letters at my house. On the 15th of October he delivered one letter to me from Northampton—he did not deliver any other with money in it.
GUILTY . Aged 32.— Judgment Respited.
2666. DAVID HENRY GILCHRIST was indicted for stealing, on the 20th of September, at St. Anne and Agnes, 4 warrants and orders, for the payment and of the value of 5l. each, the property of Edward Williams.—2nd COUNT, alleging the said warrants and orders to be called "Post-office money-orders," and to be the property of Joseph Baker.—3rd COUNT, stating them to be the property of her Majesty's Postmaster General.
MR. ATTORNEY-GENERAL, with MESSRS. SHEPHERD, GURNET, and BULLOCK, conducted the Prosecution.
JOSEPH BAKER . I am a corporal in the 56th regiment of foot. On the 17th of September, I was quartered at the Ship public-house in Charles-street, Westminster—I have known the prisoner about five weeks—on the 17th of September, he wrote a letter for me for the purpose of my father-in-law sending me 20l. to get my discharge—after he had written it, he read it over—it appeared to be the letter I had directed him to write—he did not read this postscript over to me, "I have changed my place of residence to Mr. Rutt's eating-house, Charles-street, Westminster, so please direct, Mr. Baker, at Mr. Rutt's eating-house, Charles-street, Westminster"—he had written eight or nine letters for me before, and the answers were always directed, "Corporal Baker, Ship, Charles-street, Westminster, London"—I expected an answer to this letter on Monday—he wrote it on Friday—no answer came for me to the Ship—on the 23rd of September, I went to the place where the prisoner generally lodged, at the Essex Serpent, Charles-street—I found he had left there—they had not seen him since Monday—I then went to the General Post-office, and inquired if any money-orders had been brought in the name of Baker, and found four orders there—I never authorized the prisoner to receive the orders for me.
ELIZA BAKER . I am the last witness's wife. In September last, I was staying with my father, Edward Williams, at Shrewsbury—I received the letter produced while I was there, and in consequence of it I sent to my husband four post-office orders for 5l. each—the orders now produced are those I sent—I sent them to the address mentioned in that letter, on Saturday morning, the 18th of September—I got them from the post-office at Shrews-bury, by paying the money there—I put the letter into the post-office about half-past one o'clock on the Saturday—I signed my husband's name on the orders because I knew he could not write.
ANN RUTT . My husband keeps a coffee-house in Charles-street, West-minster. I know the prisoner—he came to me on the 17th of September and asked me to take in any letters which might come for him in the name of Baker—I said I would—he came again on Saturday, and asked me again—he came on Monday, and asked if a letter had come for him—I said "No," the postman had not been, but in a minute or two the postman came with a letter directed to Baker—I directly gave it to my servant Conner, to take to the prisoner, who told me he was lodging at the Essex Serpent.
MARY NURSE . I am landlady of the Essex Serpent. I received a letter from Conner in September last, addressed to Baker—I went up into the back-room and gave it to the prisoner, as the little girl told me the person stopping at my house was named Baker—I asked the prisoner if his name was Baker—he said it was all right, and took the letter—he had been lodging there about five weeks—he left my house on the Monday morning when he received the letter from me, and did not return.
WILLIAM PRICE INOLIS . I am a clerk in the Money-order-office, at the General Post-office. On the 20th of September, I received this letter of advice, now produced, from Shrewsbury Post-office—in pursuance of that letter I paid these four orders of 5l. each—I should not know the person to whom I paid them—he represented himself to be Baker.
HENRY LOCKYER . I am a policeman. On the 22nd of September, I went to Reading, and on the following day I met the prisoner on Shen-field-green—I said, "Well, Harry, I suppose you know what I am come about"—he said, "I know I am guilty, I must go quietly"—he was searched in Peak's presence, and 4s. found on him—Peak said, "What have you done with the rest of the money"—he said he had been robbed of 5l. by a prostitute in Rateliff-highway, and he had been paying some debts in London, and also at Reading—he said he did not know what they could make of it, that he did not sign the orders, he or his woman had signed the name; they could only make it a breach of trust, and his mother would pay the money.
Cross-examined. Q. You understood by "he or his woman," the soldier? A. Yes.
Cross-examined. Q. Where was the postmaster when you went to him with the money? A. Inside his office—I could not see what he did.
Q. Was there any thing more done than your handing to him the money, and his afterwards handing to you the four papers? A. Yes, that is all—I did not see what he wrote.
WILLIAM PRICE INGLIS re-examined. I am in the habit of receiving such documents from the Post-office at Shrewsbury daily—to the best of my knowledge this is the postmaster's signature—I believe it to be his—I have daily paid similar documents on that signature purporting to be the postmaster's of Shrewsbury.
Cross-examined. Q. Do you show them to any body before you pay them? A. No, I examine the advice to see whether they correspond—without the corresponding advice I should not pay them—I never saw the post-master of Shrewsbury, or saw him write—the signature to the orders certainly
appear to be in a different handwriting to the signature to the letter of advice.
COURT. Q. You trust to the letter of advice? A. Yes, if the order is brought signed, we generally ask the name of the person who obtained it from the country—I should ask if he was Thomas Baker, and should trust to that—Mr. Towers is the postmaster—I believe it to be his signature—I mean the letter of advice—I was speaking of that when I said it was the postmaster's handwriting.
MR. CLARKSON. Q. Did you not state to my friend who handed you the four papers, that you believed the signature to those was the signature of the postmaster of Shrewsbury? A. But I was shown the letter of advice first—I said I had no doubt these signatures were the handwriting of the postmaster.
COURT. Q. But did you speak to that as to the orders or letter of advice, or both? A. I intended what I said should refer to the letter of ad-vice—if I said so of the orders, I spoke inadvertently.
MR. CLARKSON. Q. Then do you believe those signatures to be the handwriting of the postmaster of Shrewsbury? A. Not on examining them with the advice—the handwriting appears different—I have no doubt the letter of advice is his handwriting—all the letters of advice are signed so—I certainly believe it to be Mr. Towers' signature—I do not believe either of these orders to be signed by the same person—the signature on the orders are never examined, we always refer to the advice—a great number of orders come on one letter of advice—these are called "Post-office money orders"—when a second party presents an order we require him to give his name and address, if it is not payable to him.
FREDERICK ROWLAND JACKSON . I am a clerk in the money-order office. I know Mr. Towers, the postmaster of Shrewsbury, by name, not personally—I am acquainted with his handwriting by seeing his orders, not the letters of advice—I do not believe this letter of advice to be his writing—the signature to these four orders I believe to be the signature of the postmaster.
Cross-examined. Q. Look at that letter of advice and tell me whether it is not evidently the handwriting of a female 1A. cannot say—I have no opinion on the case—I never saw the postmaster of Shrewsbury or spoke to him—the Post-office do not give an order for more than 5l.
CAMPBELL. I am a clerk in the money-order office. I pass the orders after they are paid, and check them with the books—this signature, "John W. Towers," is one we generally take for the postmaster of Shrewsbury—I have acted on those orders, and considered them his hand-writing for upwards of three months.
Cross-examined. Q. You never saw him, nor spoke to him? A. No. ["The letter sent by Joseph Baker to Edward Williams, requested 20l. might be sent him for the purpose of purchasing his discharge from the army, it contained the following sentence—'Be kind enough to send it on Saturday, or at least for me to receive it on Saturday or Monday.' The P.S. was, 'I have changed my place of residence to Mr. Rutt's eating-house, Charles-street, Westminster, so please direct Mr. Baker, Mr. Rutt's eating-house, Charles-street, Westminster.' "]
(Order read)—"In cases where personal attendance is inconvenient, if the Receipt below is properly signed by the person to whom the order is made payable, and the party presenting the order for payment can afford full information as to the Christian name, surname, address, and occupation
of the person who originally obtained the order, payment will be made to the party presenting the order, but unless these conditions are strictly complied with, it will be refused.
"Post-office, Shrewsbury, September 18, 1841. "No. 1181. £5 0 0.
"Credit the person named in my letter of advice the sum of Five Pounds, and debit the same to this Office.
"To the Post-office, London. "JOHN W. TOWERS, Postmaster, "The Christian and surname of the party to whom the order is made payable, must be written here at full length.
"Received the above. (Signature.) "JOSEPH BAKER. "N.B. Orders are issued and paid in London and within the three mile circle, between the hours of 10 A.M. and 4 P.M., and in other places between the hours of 9 A.M. and 6 P.M. except during the short intervais of time when the letter-boxes are closed for the receipt of paid letters. The commission on orders issued is, for any sum not exceeding £2 three-pence, above £2, and not exceeding £5 sixpence."
The other three orders were in the same form.
GUILTY . Aged 31.— Judgment Respited.
MESSRS. BODKIN and CHAMBERS conducted the Prosecution.
GEORGE TOWNSHEND (police-constable H 194.) I was on duty in Church-street, Shoreditch, about ten minutes past one, on the morning of the 22nd of September, I heard the sound of a rattle, which led me to Nichol-row—I there saw the deceased James Carroll—he was a police-constable of the division, No. 160—he had hold of a man there, who was struggling with him to get away—I also laid hold of the man—there were about a dozen people there—Carroll and I took the man some distance—he was very riotous—when we got to the Knave-of-Clubs public-house, in Club-row, we saw the prisoner—he came up to us, laid hold of me and Carroll by the collar, and said, "You b—s, you shall not take him; you shall let him go"—I told him we should not till, we got him to the station—he said he had done nothing—I said, if he could persuade the Inspector, when be got to the station, he should be let go, but that he should come to the station first—Smedley said, "You shall not take him; I had once three months for knocking a fly off a policeman's nose, and I can do it again"—I then saw his arm move, and he struck Carroll about the left ear—Carroll staggered and fell—I immediately drew my staff, and said, if he struck me or my brother officer again I should break his arm—he then struck me ofter the left eye—Carroll got up again, and we both laid hold of our prisoner again—we were both knocked down, and the man we had hold of rescued from us by Smedley and the mob—I told Carroll, if we could not haw our prisoner, we would have the man that rescued him from us—Smedley upon that ran away—Carroll and I ran after him up Club-row into Church-street, and into Turville-street—we stopped him there—he stood in a fighting attitude before us—we closed in upon him, and he again knocked Carroll down—I then laid hold of Smedley—he twisted from me with the assistance of the mob, and ran up Turville-street, towards Church-street—we
followed, and the mob too—we sprang our rattles all the way—when he got to Church-street, at the top of Turville-street, he turned hack again, and we stopped him in Turville-street again—we laid hold of him—the mob bad increased by that time, and the general cry among the mob was, "Murder the b—s," don't let them take any body"—we went down Old Nichol-street with Smedley into Nichol-row, and be again knocked Carroll down—I took hold of him—my brother officer, Ffelan, came up to oar assistance—I told him Smedley was the man we wanted—he and Carroll laid hold of Smedley, and I got behind, with my staff drawn, to keep the mob back—Carroll let go of Smedley, and laid hold of another man over Ffelan's shoulder—Smedley then struck him several times—I cannot say where—Carroll crossed off the footpath into the road to avoid the blows which Smedley made at him—I saw Carroll fall again—I ran to his assistance, to take the man he had hold of, and before I got up the man had got up from Carroll, and was running away—I followed him up Church-street, and into Little Anchor-street, and being exhausted I stopped—the man I was following then threw Carroll's staff at me, and got away—I did not pick it up—it was found after the affray was all over—I went to turn back, and found Carroll with a man, having hold of him—he was bleeding—I spoke to him—he made no answer—I called a cab which was standing by, put him in, took him to the station, and afterwards to the London Hospital—he died on the Saturday, as this happened between the Tuesday night and Wednesday morning—I assisted in taking Smedley to the station, and saw him afterwards—he appeared to me to have been drinking, but was sober enough to know what he was doing—his conduct was very violent.
Cross-examined by MR. CLARKSON. Q. When Carroll was crossing the road to avoid the blows, he afterwards fell? A. Yes—I did not myself observe what made him fall—at the time he fell the prisoner was a few yards from him, and when I afterwards saw him bleeding the prisoner was in custody.
HANNAH GOODWIN . I lived in Gloucester-street, Hoxton—I was out in the middle of the night of the 22nd of September, a little after one o'clock—I was going home—whilst going along High-street, Shoreditch, I beard the sound of rattles, and went up Church-street as far as Nichol-row—I there saw two or three policemen—I saw one knocked down just as I came up—I saw a man in a dark-sleeved waistcoat, who I believe to be the prisoner—Carroll let go of him, and another policeman took hold of him—the prisoner turned round, struck Carroll with his fist, and he fell—his hat fell off—as he was getting up he endeavoured to pick his hat up, and the prisoner kicked him, made use of an oath, and swore he would do for him—Carroll said, "O God, you have broken my jaw"—he was picked up, and the blood was streaming from the left side of his eye—I believe the prisoner to be the man that kicked him—I was very close to him—there was a gas-light at the corner of the row—it was not moonlight—I should say about five minutes elapsed between Carroll's being knocked down and king put into the cod—about twenty or thirty people were assembled at that time—they were coming up at the time—the rattles were constantly springing.
Cross-examined. Q. Where had you been at that time of night? A. I had been to the Kent-road, at work till very late—it was past ten o'clock when I had my supper there—I did not see the policeman struck with a staff—if he was struck over the forehead with one, I did not see it.
Q. Did you ever see the prisoner that you could swear to, till you saw him in custody? A. No—he is the man to the best of my belief—he is the man I saw kick Carroll, and he is the man that was taken to the station, because the policeman never let go of him—I am sure of that—I did not stay till it was all over—I staid till they went down Club-row, and I went away—the policemen came up, and they went off towards the station—I did not state before the Magistrate that it was a man in a dark waistcoat, but I could not swear to the prisoner—they asked me if he was the man—I said he had every appearance of the man, I should have no hesitation in saying he was—I did not say the man that was there was like the man in the dark waistcoat—I said that the waistcoat was exactly like the waistcoat that the prisoner wore, and the man was about his height—what I said was read over to me—I do not recollect any thing else being read over to me than "the waistcoat he has on is like the waistcoat the man had on, and he is about the man's height."
COURT. Q. The kick you saw was on the jaw? A. Yes—it was not on the head.
CHARLES MARRIAGE . I am waiter at the Dolphin public-house, in Church-street, Bethnal-green. I saw the deceased Carroll in the London-hospital after he was dead—on the morning of the 22nd of September I heard rattles sprung—I went down Turville-street, along Nichol-street, to the corner of Nichol-row, where I saw Smedley in custody with two or three policemen—his back was against the brick wall—I saw Carroll throw the light of his lantern on the mob, and then collar a man—the man said, "What have you collared me for? I have done nothing, I am innocent"—they got up against a water-spout by a gate belonging to an undertaker—the man caught hold of the water-spout—the policeman snatched him away, and he fell to the ground—the policeman lifted him up from the ground with his left hand—his staff was in his right—the man said, "Don't ill-use me, if I am to go to the station, I will be quiet"—as soon as he said that, I saw a man snatch the staff out of Carroll's hand, and strike him with it over the left eye—he fell to the ground directly, and the man ran away—I did not perceive that he had the staff with him when he ran away—when the man struck the policeman, the prisoner was about six or eight yards from the spot, in custody of other policemen, and continued there—Carroll fell as soon as he was struck with the staff—I helped to lift him up, and he was put into a cab—he was insensible.
GUILTY of an Assault. Aged 30.— Confined Two Years.
2668. RICHARD WELLER was indicted for burglariously breaking and entering the dwelling-house of John Bridger, at Fulham, about the hour of ten in the night of the 26th of October, with intent to steal, and stealing therein 3 pinafores, value 9d.; 1 shirt, value 9d.; 1 apron, value 4d.; and 1 handkerchief, value 2d.; his goods.
BERTHA BRIDGER . I am the wife of John Bridger, a miller, and live at Stanley-bridge, Fulham, in the parish of Fulham. On Tuesday night, the 26th of October, I went to bed about half-past ten o'clock—I fastened the house up myself—I had been to bed about a quarter of an hour or twenty minutes, when I heard a noise at the front door—I got out of bed, looked out of window, and stood at the window nearly a minute, when I saw two men come out of my door—one was the prisoner—I cannot say who the other man was—Weller had something under his arm, but whether
it was any thing more than his umbrella, or not, I cannot say—I knew Weller before—it was moonlight, and there was a gas-light in front of the house—I did not observe whether the other man had any thing—they went across the road where the gas-light was, in the direction for the Bull-alley, which is a little distance from my house—I then left my window and ran down stairs as fast as I possibly could—when I came to my door they were returning from the Bull-alley, and they came straight into my house, and called for a pint of beer—I had then missed all the things stated, off the horse, by the tap-room fire—I had been washing, and hung them up after I had fastened my house up—I drew them a pint of beer, and they had twopenny worth of bread and cheese—I afterwards brought them another pint of beer, in the meanwhile my husband was searching for a policeman, and the things—a policeman came, and we then gave them into custody—my things were brought to me a little before eight next morning—the house had been entered by the front door, which fastens with a spring-lock—with a hard force the spring would fly open.
Cross-examined by MR. DOANE. Q. Did not you bolt the door? A. No, it was only fastened by the spring-lock—I fastened the door which goes from the tap-room to the shop, but that is not the front door—I had a lodger, but he comes in at another door at the back of the house, with a key which I give him out of the window—Weller lives about half a mile from me—I had not gone to sleep—I looked down upon the men—Weller had a hat on—I am positive of his person—I know Thomas M'Carthy, who keeps a public-house a little way from my-place—I told him I could not swear to the other man, because I did not know him, only by his dress—I have never said I could not swear to either of them—I know Weller veil—I never said I could not swear to him—I have said I could not swear to the men, but not that I could not wear to either of them—I am quite sure of that—I did not tell M'Carthy that I could not swear to the men—(looking at a person named Pitts)—I only know that person by sight—I may have said to him that I could not swear to the men, nor more I could to the men, only to the prisoner.
Q. How soon after you had seen the men from the window, did the prisoner and the other man come into your house and have some beer? A. I should say not three minutes—there was a light in the tap, which I had left on the table—the shutters were shut, but the door was open when they came in to drink, and they could see the light.
COURT. Q. How long have you known Weller? A. I have known him personally about there for two years—he is a cow-keeper, and occupies a house—he is a man I never heard a bad character of—he had a hat and coat on, and the other one a cap and flannel jacket.
Q. You were above the man, and he had his hat on, how could you see his face enough to be sure of it? A. I could not, till he got on the other side against the light of the gas—I was certainly frightened when I found there was some one inside the house—I threw up the window to look out, and the men were just under me—they were in the house when I threw it up—it opens without the least noise—I received my things from Purdy, and gave them to the policeman.
ROBERT PURDY . I felt work at half-past six o'clock next morning, and as I went home, down Bull-alley, I saw a bundle under a hedge, about 150 yards from the prosecutor's house—I took it home, told my neighbours what I had found, and afterwards gave it to Mrs. Bridger.
SAMUEL WELLARD . I am a policeman, I was called in, and found the prisoner and another man in the prosecutor's house—he was charged by the prosecutor with stealing a variety of articles of wearing apparel from the clothes-horse in the tap-room—he denied being in the house but once before in his life, and that was, I believe, some since—these things were afterwards delivered to me by Mrs. Bridger.
NOT GUILTY .
2669. WILLIAM SHERWOOD was indicted for stealing, on the 7th of October, 8lbs. weight of soap, value 8s., the goods of William George Bentley, his master: and ELIZABETH GOODLAD , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
WILLIAM WEST . I am a policeman. On the 7th of October, I was stationed, in plain clothes, opposite Mr. Bentley's shop, to watch what was going on, and about eight o'clock in the evening I saw Sherwood come out of the shop—I followed him into a marine-store shop, No. 20, I believe, Tower-street, Seven Dials—the female prisoner was in the shop, and a man—when I followed Sherwood in, he turned round and saw me—he then said to the man and to the female prisoner, "Have you got those things ready for me?"—the man answered "Yes, walk into the back-parlour"—he went into the back parlour—I followed him—the female prisoner followed him likewise—when he got into the back-parlour he pulled off his hat and placed it on the table—I looked into it, and saw a brown-paper parcel—I then told him I was a constable, and I wished to see what he had got about him—I then went to take out the parcel from his hat, and as I was doing so, the female prisoner came and took something from under the counter in the back-parlour, placed it in her apron, and tried to make her escape out at the back-door—I ran after her, and pulled her inside—I found the parcel in his hat contained these nine pieces of soap, which I produce, and in further searching him at the station, I found two pieces in his pocket.
Cross-examined by MR. PAYNE. Q. Did you follow him into the back-parlour? A. I did, after he had turned round and seen me—when I said I wanted to see what he had in the parcel, he said, "You may do so"—I did not ask him any thing further about it.
WILLIAM GEORGE BENTLEY . I am a perfumer, and live in Holborn—Sherwood was in my employ nearly twelve months, as a soap boiler, and was employed only in melting and cutting up soap—I can swear to these pieces of soap by the perfume—each perfumer has his own perfume—I have not the slightest doubt they are mine.
Cross-examined. Q. Is that the only thing by which you swear to them? A. And the general appearance—there is no stamp of mine on them—it is quite unusual to send it out in that state for sale—before we sell it this would be cut into four or five pieces—it is part of a bar—the prisoner was employed in a room at the back of the warehouse—this soap would come under his hands in this shape—there are about three other persons there—they are not authorized to sell pieces of this kind imperfecct state.
Sherwood received a good character.)
SHERWOOD— GUILTY . Aged 24.— Confined Twelve Months.
GOODLAD— NOT GUILTY .
2670. WILLIAM SHERWOOD was again indicted for stealing, on the 6th of October, 6lbs. weight of soap, value 6s., the goods of William George Bentley, his master: and ELIZABETH GOODLAD , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
HORATIO ROBINSON . I was in Mr. Bentley's service—I was employed to watch the male prisoner—I followed him out of the house on the morning of the 6th, about eight o'clock—he went to a marine-store shop in Tower-street—I did not see him go into the shop—I lost sight of him—I waited at the end of the street till I saw him come out of the shop—I saw him come out of the same shop again on Thursday, the 7th, at one o'clock in the day—I did not see him go in.
Cross-examined by MR. CLARKSON. Q. Do you mean you saw him come out of the door of the shop or out of the street? A. I saw him come out of the door of the shop—I do not know the number—I know the house very well—I did not go to the house with the officers, but I afterwards walked there by myself.
WILLIAM WEST (police-constable 106.) I followed Sherwood on the evening of the 7th of October, from Mr. Bentley's to a marine-store shop in Tower-street—I think it was No. 20, but I will not be positive—I followed him into the shop, and saw a female and a man there—the prisoner went into the back parlour, by the man's directions—the female prisoner followed him in—I saw her take something from under the counter in the parlour, and place it in her apron—she tried to make her escape out at the back-door—I stopped her and took it from her—it was nine pieces of soap, seven in, One parcel and two in the other, exactly the same quantity as I found on the male prisoner—my brother-constable inquired of the female prisoner who kept the shop, and she said she was the owner of the shop.
Cross-examined. Q. Is this the first time you have ever said that the woman said she was the owner of the shop? A. Yes—I was not asked it before, that is the reason I did not state it—I do not know that the man is the occupier of the shop, and pays the rent and rates—I never saw either of them before, to my knowledge.
JOSEPH THOMPSON . I am a policeman. I was with West—I saw the things taken up by the female prisoner, and she was stopped—I took the roan and the two prisoners into custody—when at the station-house I asked the man if the shop belonged to him—he said it did not, that it formerly did, but he had then disposed of it, he did not say to whom—I then asked the female prisoner if the premises were hers—she said they were.
Cross-examined. Q. I believe you were acquainted with the man before? A. Yes I have had him in custody before, charged with not giving a satisfactory account of goods found in his possession—I took him before a Magistrate—he was remanded, and then discharged—I have only had him in custody once myself—I have known him about three or four years—I cannot say exactly to a year or two—I have known him by the name of Goodlad—he has not lived in the same house the whole of the time I have known him—he was away a short time—I never knew the female prisoner to be his wife—I was not present at their marriage, nor any one else, I believe—the name of Elizabeth Grimwood is over the door—she has gone by the name of Mrs. Goodlad, as a matter of form, among the neighbours I
have known her by the name of Elizabeth Grimwood—at the time I had him in custody on suspicion of a copper which he had in his possession the female prisoner told me she was not his wife—that is about six or seven months ago—I cannot say exactly to a month or two—that was the only time I ever had any business with them—I had taken him then and went to search the house, and then asked her if the premises belonged to her—she said he was not her husband, he had nothing to do with the place, it was her place—I have not known him living any where else, except at Brixton once.
COURT. Q. It was soap that was found in Sherwood's hat? A. Yes—The man was let go at the station-house, as we had no case against him.
MR. BENTLEY re-examined. I am quite satisfied this is my soap.
MR. CLARKSON called
JOHN HARVEY . I am a tobacconist, and live at No. 13, Bear-street, Leicester-square. I am landlord of the marine-store shop in Tower-street, to which the officers have alluded—the man Goodlad is my tenant, and has been so for six or seven years—I seized on him for the last quarter's rent, due last Michaelmas—I saw him on the premises—as far as I know he has been the party in possession of the shop, and carrying on the business—I let it to him, and he paid me the rent—I have known the female prisoner all that time, and always supposed her to be his wife—she has lived with him, and passed as his wife.
(Goodlad received a good character.)
SHERWOOD— NOT GUILTY .
GOODLAD— GUILTY . Aged 32.— Confined Six Months.
GUILTY . Aged 10.— Confined Fourteen Days Solitary, and Whipped.
GUILTY . Aged 18.— Confineds Fourteen Days Solitary, and Whipped.
2673. THOMAS COLE was indicted for stealing on the 23rd of September, 1 razor, value 4s.; 1 lancet-case, value 20s.; 3 seals, value value 6s.; and 1 watch-key, value 3d.; the goods of John Andrew Wallace, his master.
JOHN ANDREW WALLACE . I am a surgeon and apothecary, and live in Ratcliff-highway. The prisoner was my errand-boy between five and six weeks—I dismissed him on the 27th of September, and three or four days after I missed a silver lancet-case and razor from my surgery, and two days after I missed three seals from my wife's writing desk in the parlour—I next saw the prisoner on the 11th of October, and gave him in charge for throwing a handful of mud in at my door—his father and mother came, and I accused him of stealing the razor—his mother persuaded him to tell the truth whether he had taken it or not, and said it would be better for him to tell.
JOHN JONES . I bought a razor of the prisoner, I think about a month ago, or a little better—I asked how he came by it—he said he found it by Shadwell-church, it was rusty and notched—I ground it—I afterwards delivered it to his mother, in his presence.
MR. WALLACE re-examined. These are mine.
Prisoners Defence. I took the razor to make a pop-gun stick with. I happened to notch it, and did not like to put it back again, so I sold it for 2d.; I took the seal as well—I did not have any lancet-case.
GUILTY . Aged 14. Recommended to mercy.—Fourteen Days Solitary, and Whipped.
FRANCES BIRD . I sell books, under the Piazza of Co vent-garden, the prosecutor's shop is there. On the 16th of October, between eight and nine o'clock in the evening, I saw the prisoner under the Piazza—she went to the prosecutor's show-board, where books are exposed for sale, twice—the third time she leant over, put her shawl over the books, took the four books now produced, and concealed them under her shawl—I stopped her with them as she was going away—she did not get a yard —she had the books under her shawl when I stopped her.
ROBERT JOSIAH MITCHELL . Is heard Bird call out, "Stop her," and immediately ran out—I took the psssrisoner by the arm, and the books dropped from her—Bird took them up, brought them into the shop, and gave the to me—they are my master's, George Willis.
GUILTY .† Aged 25.— Confined Three Months.
JAMES HAWKINS . I am a cheesemonger, and live in Devonshire-street, Lisson-grove. The prisoner came to my shop on the 19th of October, at half-past two o'clock in the afternoon, and asked the price of a bit of bacon that laid in the window—I told her—she said the price did not suit her, she could not afford it—she went away, and came again in about a quarter of an hour, and asked the price of another piece of bacon—she made the same answer, that the price was too much—I observed her take a piece of pork, and put it into her lap—I took her into custody, and found on her my piece of pork and a breast of mutton, four black-puddings, some herrings, and three or four pounds of potatoes.
EDWARD HURCOMB . On the prisoner's being taken I was sent for to Mr. Hawkins—I live about three doors from him—I saw my black-puddings, which I had noticed in the window five minutes before—I am certain they were mine.
Prisoner's Defence. I pawned my shawl for the money that I bought the bacon and potatoes with; I know nothing of the pork.
GUILTY .* Aged 30.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
Fourth Jury, before Mr. Recorder.
JAMES HAWKINS . I am a cheesemonger, and live in Devonshire-street, Lisson-grove. On the evening of the 22nd of October I was in my shop, and noticed the prisoner passing the shop, followed by Atkins, who requested him to give up a pair of boots he had stolen from her mother—I stepped out of the shop, collared him, and asked him what he had got—he said, "Nothing"—the girl said he had a pair of boots of her mother's—I took from his hand one pair of boots, and another from his jacket pocket.
MARGARET ATKINS . I live with my mother, Harriet Atkins, a widow, who sells boots and shoes, in William-street, Lisson-grove. On the morning of the 22nd of October I was in the kitchen, and missed a pair of woman's boots, from inside the rails—I noticed the prisoner at the place, and he went off very quickly—I followed him—Hawkins came out of the shop, and found them on him—they are my mother's.
GUILTY . Aged 21.— Confined Three Months.
(There was another indictment against the prisoner.)
MART MARDLE . I live with my mother at a chandler's-shop in Clare-street, Cambridge-road. On the afternoon of the 18th of October I was in a parlour adjoining the shop, and saw the prisoner leaning over the counter, with his hand in the till—I and my mother followed him into the street—he got away—I examined the till, and missed quite 1l.'s worth of silver—I had noticed in the till, not half-an-hour before, three half-crowns, and twelve shillings or more—on the same afternoon I saw the prisoner in the street, and gave an alarm—he ran up Patriarch-square, jumped into the cemetery, and was stopped by Hallum—I noticed that he had a' straw hat on in the shop, with a piece of black tape round it, and it was trimmed with the same—he had the same hat on when I saw him.
FRANCBS MARDLE . I am the wife of Benjamin Mardle. I saw the prisoner at the counter, with his hands in the till—he escaped—I have no doubt of his being the man—I had three half-crowns and some shillings, which were gone from the till.
JOHN BLAKE . I am a policeman. I was on duty at Mile end-road, and saw the prisoner and Hallums, the constable, by the Globe-road, a short distance from the cemetery, between three and four o'clock, charged with robbing a till—he was taken to the station—I found two half-crowns, thirteen shillings and a sixpence on him—he could not give any account of it—he had a white straw hat with tape round it.
Prisoner's Defence. Coming down Hackney-road, I saw a mob running; some one said, "There he goes," and they took me.
GUILTY .*** Aged 22.— Transported for Seven Years.
2678. FREDERICK GODFREY and WILLIAM SIMMONS were indicted for stealing, on the 10th of October, 1 jacket, value 10s.;1 waistcoat, value 5s.; 3 pairs of trowsers, value 1l.; 5 shirts, value 10s.; and 2 handkerchiefs, value 2s.; the goods of Murray Thomas Wright, in a vessel in a port of entry and discharge .
MURRAY THOMAS WRIGHT . I am an apprentice on board the Surrey, which laid in the West India import Dock. On Saturday afternoon, the 10th of October, I left the vessel, returned on Monday morning about eleven o'clock, and missed from the chest, which was unlocked, the articles stated—on the 12th I was passing up Ratcliff-high way, about a quarter to six o'clock, and noticed the prisoner Godfrey with a whole suit of my clothes on—I followed and gave him in charge—he said he had bought them for 14d.—he afterwards said he gave 6s. for them—they are worth about 4l.
SHADRACH BAGLEY . lam an apprentice on board the Surrey. On Sunday I went to dinner about half-past twelve o'clock, leaving nobody in the vessel—I returned and found some articles lying about Wright's chest—all his clothes were gone out of it, which were safe when I left—an old jacket, waistcoat, and trowsers were left on the half-deck, which did not belong to the vessel.
WILLIAM ISAAC (police-constable K 220.) Godfrey was given into my custody, charged with having Wright's clothes on—I took him into a public-house, and Wright identified the clothes—Godfrey said he bought them, for 14d., of a boy in the street—I took him to the station, and found a handkerchief in his jacket-pocket, which the prosecutor claimed—he said he belonged to some ship, which he had run away from on purpose to get English wages—I could not find the ship that he ran away from—he afterwards said he bought the lot for 4s., and then for 6s.—I took Simmons—he denied all knowledge of the old clothes found on board.
MURRAY THOMAS WRIGHT re-examined. Simmons was on board on Saturday afternoon, scraping the deck—he was to come on Monday for more money and employment—I left him on the deck on Saturday—he did not come near the ship on Monday—I gave him in charge on Tuesday when he was passing the ship.
RICHARD JACOBS . The prisoner Simmons came to lodge at the Teign-mouth-castle public-house, Limehouse, about the 18th or 20th of August—I have seen an old jacket here—I have seen the prisoner mending the sleeve of that jacket, and have seen him frequently since he left my house in that jacket.
Simons. That is not the jacket I had—the jacket was given to me when I came out of the ship. Witness. When you came ashore with a man of colour you were mending this jacket in the back kitchen of the Teign-mouth-castle, and I took particular notice of it—I have seen you in it repeatedly—I have seen you come to the house several times with it—here is where it was mended in the sleeve and cuff—it was about the 18th or 20th of August, as near as I can guess, the same-day he came ashore from a ship in which he had come from America.
ELIZABETH ANN CUTHBERT . I am the wife of David Cuthbert, of Perewinkle-street, Ratcliff. There is a house next to mine which is untenanted—boys and persons go there to sleep at night—I have frequently noticed the prisoner Simmons come from there of a morning, since the last week in August till the 10th or 11th of October—this jacket is the one I have seen him wear frequently for two months, and then I saw him in a different dress on the Tuesday after the robbery—there is no particular mark by
which I know it, further than seeing the man in it so repeatedly—it is quite familiar to me—he wore it buttoned up to the neck—(the jacket, on being examined, had no buttons)—it was fastened up to the neck—I cannot positively say it was buttoned—I have been insulted by him repeatedly—he associates with a number of low characters that infest the empty house—I have seen him pass my house, and have spoken to him at my door—my sight is very indifferent.
Godfrey's Defence. I gave a man 6s. for the clothes altogether, on board a ship.
Simmons's Defence. I never bought a thing of the man.
GODFREY— GUILTY . Aged 21.— Confined One Year.
SIMMONS— NOT GUILTY .
THOMAS REED . I am a pawnbroker, and live at No. 26, Gray's-inn-lane. The prisoner came to my shop on Wednesday, the 27th of October, about one o'clock, and offered to pawn this fork for 5s.—he said it belonged to his father, in Goff-street—on my making inquiry, he was taken into custody.
JOHN JUDGE . I am a policeman. I took the prisoner—he told me the fork belonged to his father in Goff-street, who was a rope-maker, and I should find plenty more at home—I found it was a fictitious address—he then sent me to Ormond-street—I found his mother kept Mr. Young's house.
GUILTY . Aged 20.— Confined Six Months.
2680. MARY ANN COLLET was indicted for stealing, on the 19th of October, 1 watch, value 4l.; 1 guard-chain, value 1l.; 1 watch-key, value 5s.; 2 breast-pins and chain, value 10s.; 1 pencil-case, value 2s. 6d.; and 1 ring, value 2s.; the goods of Peter Welch.
PETER WELCH . I am servant to Captain Watson, of No. 14, Great Cumberland-place, Hyde-park. On the night of the 19th of October, I was at a public-house in Oxford-street—the prisoner came in there—I left the house and she followed me—I went with her—after having drunk something I lost my senses—I went to Orchard-street, Westminster, with her—I got the drink from a milk-jug the prisoner had in her hand in Oxford-street—we left the public-house I took my clothes off and went to bed, and put my watch on a sort of drawer or table, and fell asleep for seven hours—I awoke in the morning, and the prisoner was gone and my property also—I went with a constable that afternoon to No. 71, York-street, to a room at the top of the house—I saw the prisoner there with a man and woman—the constable there produced the pins I missed—I have since seen my watch, chain, and pencil-case.
the 20th of October, by a man in the name of John Fisher—the prisoner was with him.
MARY ECKETT . I live at the station-house of the D division, and am the wife of William Eckett. On the evening of the 20th of October, the prisoner was brought to the station-house—I searched her, and found no duplicate then, but in the morning when I went down to the place where I had searched her, I found the duplicate of a watch and chain—it was rather dusk when I searched her.
WILLIAM JACOBS . I went with the prosecutor to No. 71, York-street, Westminster, to the front-room, second-floor—I found the prisoner there with a man named Benjamin Copeland and a woman in bed—the prisoner got up—I saw the two pins sticking in the breast of her gown—I called the prosecutor up, who claimed them—the prisoner said nothing then, but in a few minutes the prosecutor said, "You are the person that stole my watch, where is it?"—she said, "I am the person who robbed you; I don't care a d—n if I get ten years."
Prisoner. I utterly deny saying any thing of the sort.
Prisoner. I throw myself on the mercy of the Court.
GUILTY . Aged 28.— Transported for Seven Years.
2681. ANN HILL was indicted for stealing, on the 25th of October, 1 cup, value 9d.; 1 saucer, value 9d.; 1 carpet, value 2s.; 1 glass tumbler, value h.; and 1 wine-glass, value 9d.; the goods of William Crickmay, her master.
FANNY CRICKMAY . I am the wife of William Crickmay, of 17, Pelham-crescent The prisoner was our cook for two months—she was brought to me in custody with a little boy on the 25th of October, and the policeman produced the articles stated, which are ours—the cup and saucer were kept in the stair-closet, the other articles in the kitchen-closet—I had given her notice to quit before this, and her time would expire the next evening.
MAURICE MULCAHY (police-constable B 2.) On Monday evening, the 25th of October, I stopped a boy named Henry Naisbitt, in Montpelier-square, Brompton, with two bundles under his arm, containing the articles stated—I took the boy to No. 17, Pelham-crescent, and met the prisoner about one hundred yards from the house—she stopped and said to the boy, "What is the matter?"—he said, "The policeman stopped me with these tilings"—she said, "Policeman, it is all right, they belong to me"—I said I should see her mistress first—she wanted me to give them up to the boy—from information from the boy I took her to the prosecutrix, and there she acknowledged having taken the things.
HENRY NAISBITT . The prisoner lodged in the same house with me till she went to the prosecutor's—I went to her at the prosecutor's on the 25th of October, and she gave me two parcels at the area door to take to my mother's, where she was coming to lodge again—I did not know what was in them—the policeman stopped me with them—she claimed them as hers before the constable.
GUILTY . Aged 30.— Confined Six Months.
2682. MARY COLEMAN was indicted for stealing, on the 15th Of October, 4 sheets, value 9s.; 1 flannel jacket, value 18d.; 3 aprons, value 18d.; 1 pinafore, value 6d.; 1 shirt, value 6d.; 4 pillow-cases, value 4s.; 2 shifts, value 3s.; 1 petticoat, value 2s.; 1 pair of stockings, value 1s.; 1 night-gown, value 1s.; 1 table-cloth, value 18d.; and 7 towels, value 3s.; the goods of William Welters.—2nd COUNT, stating them to be the goods of John Cheeseman.
CHARLOTTE CIIEESEMAN . I am the wife of John Cheeseman, of Upper-street, Fitzroy-square, and keep a mangle. I had a basket of linen brought from Mrs. Welters on the 15th of October—the prisoner came to me and said she had come from No. 28, over the way, for the things—I asked her if it was the broker's things, she said, "Yes, the broker at the corner," which is Mr. Welters', and said, were they done, could she have them directly—I said they were not done, and she must come at eight o'clock—she left, returned in a quarter of an hour, and said they could not wait, they must have them immediately—I said I would do them in an hour and a half—she came again in three-quarters of an hour—they were not done—I said she should have them in half-an-hour—she waited for them, and I delivered them to her, believing she came from Mrs. Welters.
HEPHEZBAH WETTERS . I am the wife of William Welters, a broker, in Hertford-street, Fitzroy-square. On the 15th of October I sent the linen stated in the indictment, to be mangled—in the afternoon of the same day the prisoner came to my house and said, "Will you please to tell me your name?"—I said, "What for?"—she said, "It is the broker's name I want"—I said, "What do you want it for?"—she said, "Mistress's clock don't go well"—I said, "She did not buy it here"—she said, "Yes, she did"—she persisted in it—I did not tell her my name, but the name is over the door—I did not send her to Mrs. Cheeseman's—she never brought the linen to my house—the basket and linen wore my husband's.
GUILTY . Aged 13.
GEORGE SILVESTER . I am a shoemaker, and live in Ernest-street, Regent's-park. In August last, the prisoner came to ask me if a pair of shoes I was making for her was done—I said no, she should have them in a few days—after she was gone, I missed a pair of boots from the counter—I did not suspect her, but when she was apprehended, a duplicate was brought to me—I went to the pawnbroker's and found my boots there.
Prisoner. At the time I went to his shop there was another girl with me Witness. Yes, there was.
RICHARD BRADLEY . I am shopman to Livermore and Co., of Tottenham-court-road. I produce a pair of women's boots, pawned on the 17th of August, by the prisoner, in the name of Ann Coleman—the duplicate produced is the one I gave for it—I knew her before, and am positive of her.
JAMES HILSDEN (police-constable S 42.) On the 22nd of October, I saw the prisoner in Cumberland-market—I asked her if her name was Coleman—she said, "No"—I asked if she knew anything of obtaining a basket of linen from Granby-street, the day before—she said, "No," she was not out all day, that she lived at No. 6, Fitzroy-row—I found her mother there, and found this duplicate amongst twenty-three in the room.
Prisoners Defence. This girl took the boots while I was speaking to Mr. Silvester; I did not know she had taken them; she went and pawned them, and asked me to go with her; she gave me the ticket; I took it home to my mother; I have not seen the girl since; I pawned them for her in my own name.
GUILTY . Aged 13.— Judgment Respited.
JOHN BELL . I am in partnership with John Watson and John Wood, carpet-manufacturers, in Old Bond-street—the prisoner was one of our porters. In consequence of suspicion, I called him into the counting-house on Monday, the 25th, and found there pieces of carpet on him secreted under his waistcoat and in the waist of his trowsers—I gave him in charge—these are our property.
Cross-examined by MR. PHILLIPS. Q. Are they cuttings? A. Yes—they are of great service in preserving our patterns—we have a standing rule in our house that nothing is to be taken—our house expends several hundreds in a year in producing patterns—we told him when we engaged him he was not allowed to touch anything—I cannot say I said so to him myself—I do not think I engaged him, but we always tell our servants so—they would be valuable to other manufacturers as patterns—they could not be copied without the pattern.
(The prisoner received a good character.)
GUILTY . Aged 21.—Recommended to mercy.— Confined One Month.
JAMES FALLON . I live in Cadogan-street, Chelsea, and am clerk to an attorney in Norfolk-street, Strand. On the 28th of October, about the middle of the day, I was in the office which joins an ante-room—I heard the door shut, and called to my fellow-clerk to see if anybody had been in the room—I noticed the prisoner pass the window in the street—I went into the room, and missed a glass—I ran out into the street, and into the Strand—I saw the prisoner at the opposite side of the way with something under her shawl—I called a policeman, who went up to her, and took the glass from her—it is the property of Henry Whitehead, my employer—the house is let out in chambers—there are folding-doors to the hall and lobby into which the ante-room opens.
the glass—I asked what she had under her shawl—she hesitated, and then said, "A glass"—she said she had taken it out of distress, and hoped the charge would not be proceeded with her.
GUILTY . Aged 48.— Confined Six Months.
2686. GEORGE ELSON was indicted for stealing, on the 29th of October, 1 candlestick, value 7s.; 1 pair of snuffers, value 6d.; sand 1 coat, value 2l. 14s.; the goods of Charles Robert Walsh: to which he pleaded
GUILTY .†— Confined Six Months.
DIANA HICKMAN . I am the wife of Lazarus Hickman, a traveller, in Cross-lane, Long-acre. On the 20th of October the prisoner came into my service—she was to have 1s.; week, and board and lodging—on the 25th, I left her in charge of my place and two children—on my return she was gone, and I missed my cloak and gown—I gave her in charge on the 28th, at her mother's house in Clement's-lane.
GEORGE WESTON (police constable F 6.) I took the prisoner in custody at her mother's room—I told her I took her for stealing a cloak and gown—she said, "I never took the gown, but I took the cloak, and here it is on the bed"—I took it.
(Property produced and sworn to.)
GUILTY . Aged 16.— Confined Three Months.
2688. ELLEN SULLIVAN, alias Conteay, was indicted for stealing, on the 25th of October, 1 dram-glass, value 10d.; the goods of Richard Alderson; and that she had been before convicted of felony: to which she pleaded
GUILTY . Aged 45.— Confined Three Months.
2689. ANN WILLIAMS was indicted for stealing, on the 25th of October, 1 pair of trowsers, value 2s.; 1 box, value 8s.; 1 pair of buckles's value 10s.; and 2 coats, value 2l.; the goods of William Merritt.
WILLIAM MERRITT . I am a painter, and live in Sloane-terrace. The prisoner and her husband lodged in the same house—I occupy the back-room third-floor—about five months ago I went on a job in the country—I locked up my room, and left some articles in it—on my return I missed the articles stated in the indictment—those now produced are part of them.
GEORGE GRAVES BROOKS . I live with my father, a pawnbroker, in King's-road, Chelsea. I have a small ivory box, and a pair of silver shoe-buckles, which I took in pawn of the prisoner on the 2nd and 9th of October, in the name of Ann Jones.
WILLIAM THOMPSON . I am a policeman. I took the prisoner in charge Last Monday morning—she said if the person the property belonged to would allow her she would take it all out, but she did it from distress—that she took her own key and opened the door.
just by—she lived there nearly six months, but I was only there a week myself.
Prisoner's Defence. I did it out of distress, being very short of money—I did not like to let my husband know I was short of money, meaning when he got money to take them out, but the prosecutor came home before I could get them.
GUILTY . Aged 30.—Recommended to mercy.— Confined Three Months.
NEW COURT.—Friday, October 29th, 1841.
Fifth Jury, before Mr. Sergeant Arabin.
2690. THOMAS PRIDMORE was indicted for stealing, on the 5th of October, 8 brass caps, value 8s. 10d.; and 1 brass knob, value 2d.; the goods of John William Learmouth, his master.—2nd COUNT, stating them to be 1 1/2 lb. weight of brass; to which he pleaded
GUILTY . Aged 15.— Judgment Respited.
GUILTY . Aged 11.— Whipped and Discharged.
GUILTY .— Transported for Seven Years.
2693. ANN HODDY was indicted for stealing, on the 9th of September, 2 shawls, value 4s.; 1 frock, value 1s.; 1 pair of trowsers, value 2s.; and 1 shirt, value 1s.; the goods of Mary Bishop; and that she had been before convicted of felony: to which she pleaded
GUILTY . Aged 55.— Transported for Seven Years.
GUILTY . Aged 19.— Confined Five Days.
(The prisoner received a good character.)
2695. ALFRED COWLEY, CHARLES DUDLEY , and DENNIS BURNS were indicted for burglariously breaking and entering the dwelling-house of Thomas Lott, on the 20th of October, at St. Mary, Islington, and stealing therein 21 spoons, value 7l. 7s.; 3 knives, value 1l. 7s.; and 14 forks, value 9l. 7s. 6d.; the goods of the said Thomas Lott.
MESSRS. BODKIN and ESPINASSE conducted the Prosecution.
ISABEL MORSON . On the 20th of October I was in the Hanley road, Islington, about noon, and saw the three prisoners together, near Mr. Lott's house—they parted—Dudley and Burns went in at a door by Mr. Lott's, which led to some waste ground which adjoins Mr. Lott's—Cowley remained outside at the door—I am quite sure these are the three I saw.
Cross-examined by MR. CHARNOCK. Q. What were you doing? A.
Walking out with my sister and little brother—I had never seen the prisoners before—I know them by their general appearance and their faces.
ANN BLOOMFIELD . I am cook to Mr. Lott. On the 20th of October there were some spoons and forks in a basket on the window bench in the front kitchen—I left the kitchen about half-past eleven o'clock in the morning for a quarter of an hour—when I returned I found the plate-basket at the back of the house, on the stone steps, empty—the window of the back kitchen was shut when I left—there is a piece of waste ground adjoining Mr. Lott's—it is separated from Mr. Lott's by a brick wall.
COURT. Q. Was this window fastened? A. It was shut—when I found the plate-basket empty, I turned to the window and found it open.
Cross-examined. Q. What makes you recollect this window being shut? A. I had been in the back-kitchen an hour before, and the window was shut—there are two servants besides myself—they certainly did not open the window—I cannot say whether any one else had opened it.
THOMAS DIXON . I live in Cloudesley street, Islington, and farm a little land near Mr. Lett's. Between eleven and twelve o'clock on the morning of the 20th of October, I was in Crouch End-lane—I saw the three prisoners walking together in close conversation about two hundred yards from the prosecutor's house—I did not like their appearance—they went straight up the road—I fancied I saw them pass something like plate from one to the other—when I got near the prosecutor's I heard a robbery had been committed—I immediately returned after the prisoners as fast as I could, on my horse—I stopped them all—another man came up to Dudley and laid hold of him—I said, "You are my prisoners, the first man that starts I will knock him down"—I said I had information that a house had been robbed, and I suspected they were the parties—they said they knew nothing at all about it, they wished to go about their business—I took them back towards Mr. Lott's—in going along, Cowley said he met Burns at the corner of the lane—Burns said he was quite a stranger, and then Dudley said he was quite a stranger, and then two of them knew each other—I had seen Dudley give the plate to Cowley—when we got them back I said, "Now we will begin and search them"—I said to Cowley, "You have got the plate, you may as well give it up"—Cowley said, "I have, and will give it to the lady"—he took it from his pocket—I took them to Highgate station—in going along we had some remarks about a good many things—I have lost a good many sheep.
PHILIP JKNKINS . I am a gardener, and live at Stamford-hill. I assisted Dixon and took Dudley—he said he did not know any thing of the others, he only merely met with them—I kept him, and took him to Mr. Lott's—they were searched—I then took him to the station—he got away from me when I got to the town, but J recaptured him.
SARAH ANN WILLIAMS . I am housemaid to Mr. Lott, who is an attorney. I saw the plate now produced safe a little before twelve o'clock on the morning it was taken, on the window bench in the front kitchen—I missed it a few minutes after, and saw the back kitchen window open—I had seen it shut an hour before—I did not open it—there were foot-marks on the dresser—a person had been walking on the dresser—there were marks of nails on the dresser—there was an appearance of gravel—it must have been a person who had been outside—an alarm was given, and in a quarter of an hour the plate was produced from Cowley's pocket.
THOMAS LOTT, ESQ . I am a solicitor, and reside in the place mentioned. The value of the plate, if sold, would be about 15l.; it would cost me 30l. to replace it—my house is in the parish of St. Mary, Islington.
Cross-examined. Q. Have you any other name than Thomas? A. No.
COWLEY*— GUILTY . Aged 22.
DUDLEY— GUILTY . Aged 19.
BURNS— GUILTY . Aged 25.
Transported for Fifteen Years.
THOMAS DENNISON LEWIS, ESQ . On the 19th of October I was in my carriage in Sloane-street, about two o'clock in the afternoon—one of my horses became restive, and threw himself down—I descended, with a view of assisting my servants and the by-standers in extricating the horse—when we had done that, a person asked if I had been robbed—I searched, and found my purse had been extracted from my coat-pocket—it contained the money stated—I saw it in the hand of a person immediately after the robbery—this now produced is it.
WILLIAM BANGOR . I was passing, and saw Mr. Lewis's carriage stopped, and the horse being restive—I saw Mr. Lewis get out of bis carriage, and in a moment afterwards I saw the prisoner go behind him, and very deliberately put his left hand into Mr. Lewis's right-hand coat-pocket, and take his purse out—thinking he was a relation of the prosecutor, and merely taking care of the purse, I did not say any thing till he was about to go away—I then asked him about it—he said, "Come along"—as much as to say "Come, I want to speak to you"—I said "No, you have robbed that gentleman, and you shall speak to him"—I collared him, and in a few minutes I had the assistance of a policeman, who took the purse out of his left hand.
RICHARD BROWN (police-constable E 116.) Bangor gave me the prisoner in charge, and I took this purse out of his hand—it has been in my care ever since—it contains a 5l. Bank note, and the money stated.
GUILTY .* Aged 24.— Transported for Ten Years.
2697. SOPHIA CHOUNES was indicted for stealing, on the 6th of October, 1 pair of shoes, value 1s. 6d.; 1 pair of stockings, value 1s.; 1 shift, value 1s.; 1 handkerchief, value 6d.; 1 brush, value 4d.; 2 combs, value 2d.; and 4 yards of net, value 6d.; the goods of Hannah Gilbert.
HANNAH GILBERT . I live in Rodney-place, Thornhill-street, Islington, The prisoner lodged in my room for two nights—she absented herself, without notice, and without payment, on the 6th of October, and when she was gone I missed the articles stated, which have been found, all but one hand-kerchief—I do not know how the prisoner got her living.
CATHERINE HENDLEY . I live in Swan-street, Islington. The prisoner lodged three nights in my place after she left Mrs. Gilbert—she went away, and left a bundle—she did not say she would return again, nor did I ask her—I expected her to return—the policeman saw the bundle she left.
Prisoner. The prosecutrix told me the shoes did not fit her; I asked her to sell them to me; she said I might have them for 3s. 6d.; I gave her 3s.; I did not give her the 6d.; the other articles she gave me the week I was there; the net I bought.
MRS. GILBERT re-examined. I never sold her the shoes, nor gave them to her—I never received 3s. of her, nor any money whatever, nor gave her any of these things.
GUILTY . Aged 25.— Confined Three Months.
EDWARD RECKLESS . I am in the employ of George Martin and an other, who keep a shop in the King's road. On the 20th of October, about half-past twelve o'clock, our shopman told me something—I went out, and saw the two prisoners running, and carrying a basket between them—they saw me following them, and the girl took this print out of the basket, threw it on the ground, and ran away with the basket—this printed cotton is my master's—it had been inside the shop, and was fastened by a string to a bar.
Cross-examined by MR. DOANE. Q. The first you saw of the prisoners was out of the shop? A. Yes, about 200 yards off—I swear this is my master's—I had seen it safe about three hours before—each of the prisoners had hold of a handle of the basket.
EDWARD LAMPARD . I live in the King's-road. I saw the prisoners at the prosecutor's shop that day—I saw the boy put this dress into the basket, which the girl held—they then walked off, and I went and told the shopman.
Cross-examined. Q. You did not see him take it? A. No.
ROBERT M'KENZIE (police-constable B 44.) I took the prisoners—I had seen them standing by the prosecutor's shop about a quarter of an hour before—I found another piece of printed cotton in their basket, which has not been owned.
(The prisoners' uncle promised to take them home, and provide for them.)
SAMUEL EDMONDS— GUILTY . Aged 7.
ELIZA EDMONDS— GUILTY . Aged 13.
Confined Five Days.
JOHN TOMLINSON . I am shopman to Mr. William Grimstone, of Broad-street, Bloomsbury, tobacconist and snuff manufacturer—the prisoner was his clerk and traveller—he had a weekly salary, and a percentage on what he sold—there are some tills in the shop, and money had been missed from them—on the 20th of October some money was marked, a crown-piece and eight shillings put into one till, and four half-crowns and five shillings into the other—the prisoner came in between five and six o'clock—he then had the opportunity of taking money out of the tills—he occasionally served in the shop while I have been getting my tea in the evening, but at no other time—he was in the shop while I had my tea that evening, but no one came that wanted any change—the policeman was sent for that evening
—the prisoner was examined in presence of Mr. Grimstone, and then taken to the station—I was shown this shilling the next morning—I swear to it as one that Mr. Grimstone had marked in my presence, and I missed it out of the till.
Prisoner's Defence. I had been out that day, and had given change out of my own pocket; I took the marked shilling out of the till to pay myself.
NOT GUILTY .
WILLIAM HATS WELL . I am a tailor, living in Queen-street, Golden-square. I was in St. Giles's between three and four o'clock in the morning of the 19th of October—I was sober—I am married—I fell in with the prisoner in St. Giles's, and went to a house with her—we did not go of stairs, but remained in the passage—I gave her 10 1/2 d., which I had in my waistcoat pocket—she then went out at the back of the premises, for a necessary purpose—I remained in the passage—the prisoner then went up stairs—I then had suspicion, and missed my purse, containing a sovereign, five shillings, and two half-crowns, which had been all safe in the purse in my coat-pocket two minutes before I went into the passage—I went out and got a policeman—we went to the house—the prisoner was then coming down stairs—the policeman went to the back of the house, where I bad seen the prisoner go, and found my purse in the yard of the next house.
Prisoner. You told me you had not a farthing but the small sum you gave me—I said you could get a room for 6d. Witness. I said I had no small change, but I would give her more when I came back—she wished me to go up stairs, but I did not, as I had been cautioned by the policeman to take care of my clothes, or I should be robbed.
WILLIAM POCOCK (police-constable E 61.) The prosecutor accused the prisoner of robbing him—I went to the house, which is in Buckeridge-street, St. Giles—I searched the prisoner, but found nothing—I found this purse at the corner of the adjoining yard—the prisoner could have thrown, it there over the wall.
Prisoner's Defence. I met the prosecutor about three o'clock in the morning; he took a shilling out of his pocket, and paid 2d. for some porter; he said he was very short of money, and had no home; I took him to the house, and he said he would rather stop in the passage; he gave me 10 3/4 d., and said that was all he had got; I said I would go up stairs, I would not stay with him in the passage; I never went into the yard; I went up stairs, and when I came down he had got the officer; they searched the yard, and then went up stairs; he would have the yard searched again, and they found it; I never saw the purse nor money.
GUILTY . Aged 23.— Transported for Ten Years.
THOMAS BAILEY . I am a plasterer. On the 19th of October, about nine o'clock in the morning, I went into the Union public-house, in Pimlico—I had been drinking, but was sensible—I had 13s. 6d. in a purse in my left trowsers' pocket—I fell asleep—my friend awoke me—I found my pocket was cut clean out, and taken with the purse and its contents—I saw my purse again the same evening at Queen-square, where the prisoner was in custody—I do not recollect seeing her at all at the public-house.
JOSEPH ELFORD . I am a carpenter. I was in company with the prosecutor—I was sober—I saw him fall asleep at the public-house—I went to sleep, and when I awoke the prisoner said, "Young man, can you lend me a knife?"—I lent her one, not knowing for what purpose—I saw her hands under the table by the side of my friend—she was sitting close to him—I was sitting on the other side of the room—she then got up, threw me my knife on the table, and said, "It is all right, I am off, I have got about 15s."—this aroused me—I got up, looked about, and saw my companion's trowsers disordered—I awoke him, went to the door, and saw the prisoner running up the street—I ran, caught her, and said, "You have got my friend's money, give it up"—I gave her into custody—the purse was in her hand.
BENJAMIN BOLTON (police-constable B 57.) I saw Elford following the prisoner, who was running away from him—Elford said she had robbed some one he knew—she was running up Sloane-street—I ran and caught her—she said, "What do you want with me, I have not got his purse?"—I had not mentioned the purse then—she then undid a handkerchief that was in her hand, and the purse was in her hand with the handkerchief bound round it—when I got her to the station she wanted me to take the purse, and not let the man have it—she denied having any pocket on—I found she had, and the prosecutor's pocket was in her pocket—there was 13s. 6d. in the purse, and a fourpenny piece in her pocket.
Prisoner's Defence. I went down to the Union public-house to take my lodger's breakfast, who was ostler there; these two men came in dreadfully intoxicated; as I was going out the man ran after me and said, "Young woman, stop, you have my mate's money;" I said I had not; he said, "You had better stop, and give me my mate's money;" he followed, and gave me in charge; he said, "You have got my mate's money;" I said, "Where?" he said, "In that old handkerchief;" I opened it, and to my surprise out fell the purse.
GUILTY . Aged 33.— Transported for Ten Years.
2702. JAMES SULLIVAN was indicted for stealing, on the 27th of October, 1 purse, value 3s.; 1 sovereign, 1 half-sovereign, 2 half-crowns, and 4 shillings; the property of Theodore Pierre Pouzadoux, from his person.
THEODORE PIERRE POUZADOUX . I am a Frenchman. On Wednesday the 27th of October I was passing down Fleet-street at half-past one o'clock—I put my purse into my pocket—I felt if it was right in my pocket—it was, and a lot of keys, and a pocket handkerchief in it—a moment after I turned round and saw my purse in the prisoner's hand—he directly began to run—I ran, and in two or three minutes I took him—he said, "Oh, pray Sir, let me go"—there was a sovereign, a half-sovereign, a half-sovereign, two half-crowns, and four shillings in the purse—I did not lose sight of him, and am sure he is the man—I took the purse out of his hand.
MICHAEL MAGNIER (City police-constable, No. 868.) I was coming on duty, and saw the prisoner run from the gentleman—he was quite close to him—he ran by St. Bride's church, and then across Fleet-street to Poppin's-court—the prosecutor secured him there.
GUILTY .† Aged 17.— Transported for Ten Years.
JOHN EYRE . I am in the service of John Mounter, a grocer, in Upper Marylebone-street. Lucas was in his service as errand-boy—in conesquence of missing money from the till, I marked a pounds'-worth of silver, some half-crowns, shillings, sixpences, and a fourpenny-piece—on the 18th of October I put part into the till in the morning, and part in the evening—Lucas was in the shop in the course of the day, and had an opportunity of taking the money—in the afternoon after I had put the second lot of marked money into the till, Chittenden came in—he had come in several times before, but I had not seen him that day—he asked for a 1d. worth of sugar—Lucas served him—I was at the end of the shop—Lucas gave Chittenden change of some sort—I could not. see what—about two hours after, I went and found Chittenden in the street—I fetched him to our house, and accused him of having robbed the till—he pulled out these three shillings, and said Lucas had given them to him to mind—Lucas was called down stairs while Chittenden was there—the policeman accused him of robbing his master—he said he had done no such thing, and began to cry and then he confessed he had taken part of it.
Cross-examined by MR. BALLANTINE. Q. I believe your master's wife was there? A. Yes—she asked a great many questions—she did not ask any questions of Lucas before he made any communication—she spoke to Chittenden before she spoke to Lucas—she had not been speaking to him before I heard her—she said if he would tell the truth, she would not prosecute.
HENRY SMITH (police-constable E 148.) About ten o'clock on the 18th of October, I was told Mrs. Mounter wanted a policeman, as she had been robbed—she said, "Come down, one of the boys is down stairs, I don't want the one in the shop to know"—I went down—Chittenden and another boy named Potter, were there—these three shillings were on the table—I said, "Is this your money?"—Chittenden said, "No, it is what William gave me to mind till he came out, and then we were going to the Queen's Theatre"—Lucas was not present—I said, "Where is Lucas?"—Mrs. Mounter said, "He is in the shop"—he came down—Chittenden said, "You gave me 3s."—he said "I did not"—he then began crying, and turned, and said, "Well, I did give it you."
Cross-examined. Q. Had Mrs. Mounter seen Lucas before he made this statement? A. Not that I know of—on the first occasion Mrs. Mounter said she would not prosecute—I left them and went on duty, and then I went again.
Chittenden's Defence. Mrs. Mounter said when we were down stairs, that she would forgive, us both, if we would confess the truth—we confessed every thing, and then she gave us into custody.
(Lucas received a good character.)
LUCAS— GUILTY . Aged 15.
CHITTENDEN— GUILTY . Aged 16.)
Recommended to mercy.— Confined Six Weeks.
CHARLES SYRED . Mr. Wilson's garden is next to my father's, at Maida-hill, Paddington. About a quarter past six o'clock in the evening of the 7th of October, I saw the prisoner in Mr. Wilson's garden with this copper tank on his back—he was walking away with it—he had been at work there two days before, but not that day—I asked Mr. Wilson's man whether he had sold it or lost it—he said it was not sold, and I got a policeman.
(The prisoner received a good character.)
GUILTY . Aged 35.—Recommended to mercy.— Confined One Month.
JOHN FOGGERTY . I am a coal and coke dealer, and live in Charles-street, Drury-lane, On the 29th of April the prisoner came to hire a truck—I had known him two or three years, by seeing him about as a brick-layer)—he told me he should want it for five or six hours, at 3d. an hour, that he had a job to do for David Wilson, a wine merchant, in Drury-lane, and had to go and get some tiles—he told me to let him have the lightest truck I had—I said, "There is one on the wheels"—he took it, and I have never seen it since—it was worth 30s.,—I do not suppose I could get one for 3l.—he never came near me again—I afterwards met him in the street, and gave him into custody.
Prisoner's Defence. My brother-in-law took the truck from where I lived in Gray's Inn-lane—I gave him 1s. to give to Mr. Foggerty, and there ought to be a witness—a stone-mason who saw him take the track—he has never been seen in London since.
GUILTY . Aged 37.—Recommended to mercy.— Confined Three Months.
EMMA WRIGHT . I live with my daughter, Phebe Boxall, in Nelson-place, New-road—she lets out trucks. On the 28th of April the prisoner came and asked for a truck—he said he wanted it for Mr. Richardson, a broker, in Queen-street, Edgeware-road—he selected the best, and said it was to remove plate, and it would not be overloaded—I have never seen it since, and I never saw the prisoner again till he was at Bow-street—it was worth 30s.
RICHARD RICHARDSON . I live in Queen-street, Edgeware-road. I did not authorize the prisoner on the 28th of April to get a truck in my name—he had been employed by me that day, but I did not want a truck nor send for one.
Prisoner. It was impossible for me to leave his employ for five minutes without being missed—I was not the man who had the truck—I was at St. John's-wood. Witness. He was at work there for me, and it was a
moral impossibility for him to leave my employ for one moment till six o'clock in the evening—he dined on the premises at one o'clock.
Prisoner. The first day she saw me in Bow-street she could not swear to me; she consulted with the officer, they said something, and went away; she came again on the following Thursday, and said I was the man.
NOT GUILTY .
EMMA HUGGONSON . I keep a general shop in St. Andrew-street, Seven Dials—the prisoner lived servant in the house. On Sunday, the 17th of October, I had some friends come—I went to wash my face, and left the necklace outside the parlour door—I heard that the prisoner had pawned it, and I spoke to her about it—she said she had pawned it for 4s., that she had paid 3s. 6d. to a person she owed it to, and had 6d. for herself.
Cross-examined by MR. CLARKSON. Q. I believe yon found that was true? A. Yes—she was not my servant.
NOT GUILTY .
(The prosecutor did not appear.)
NOT GUILTY .
Sixth Jury, before Mr. Common Sergeant.
WILLIAMS pleaded GUILTY .
MILLER pleaded GUILTY .
Confined Three Months.
HENRY SAMUEL WOOD . I am a watchmaker, living in New North-street, Red Lion-square—the prisoner worked at my house. She was at work on the 16th of September—immediately after she was gone I missed this watch.
Prisoner. He did not take it at all.
GUILTY . Aged 19.—Recommended to mercy.— Confined Three Months.
4l. 8s. 6d., and put it into a drawer up stairs—the prisoner had an opportunity of going into that room—I went to the drawer shortly after, and this money was gone—the searcher found it on the prisoner.
Cross-examined by MR. PHILLIPS. Q. Is your wife here? A. No—she has never employed the prisoner to take money up to this drawer—I have never seen her do it—the prisoner did not say so at the police-office—she was an acquaintance of my wife—she used to work for my wife.
MARY ANN REDMAN . I searched the prisoner, on the 20th of October, at the cell in Rosoman-street—I asked for her pocket—she said she did not wear any—I told her she must remove her stays—I found a glove with a key and 290s. in silver under her stays.
(The prisoner received a good character.)
GUILTY . Aged 21.—Recommended to mercy.— Confined Three Months.
JOHN ALLEN BUTLER . I am a baker, living in the Hackney-road—the prisoner was in my service for fourteen months. In consequence of circumstances I marked 5s. worth of coppers, and put them into the till—about seven o'clock in the morning on the 23rd of October I came down—the till was locked as I had left it—I opened it, and missed 2s. 4d. in half-pence and a silver sixpence—I sent for the policeman—he desired the prisoner to turn out his pockets, which he did, and there was one silver six-pence and 3 1/2 d. in copper, all marked.
Cross-examined by MR. PAYNE. Q. You marked some shillings that you found all safe? A. Yes—the prisoner has four children—I do not wish to press this against him.
GUILTY . Aged 45.—Recommended to mercy.— Confined Three Months.
ELIZABETH COX . I live in Charles-street, Drury-lane—I have known the prisoner about a fortnight. On Thursday night, the 21st of October, I was with her in her room, and another young woman who slept with me—I took my clothes off, and put my frock and petticoat on the top of the bed—in the morning I missed them and my boots—these are my boots.
Prisoner. The person who lived with us sent me to pawn the frock and petticoat. Witness. I did not know the other girl.
NOT GUILTY .
of figs inside the door, in a basket—they were safe at half-past five o'clock on the 22nd of October—a person going by could touch them—I found them on the prisoner—she placed them under her shawl—they are Samuel James's figs.
NOT GUILTY .
WILLIAM TEBENHAM . I am shopman to Mr. Bellamy, a butcher, in Lombard-court. I was in Catherine-street, Strand, on the 29th of September —I saw the prisoner go behind a gentleman, and take a handkerchief from him—I looked round for a policeman, and saw Baker—I told him, and he took him—he found this handkerchief on him in my presence—I am certain I saw him take it and put it under his arm—I have not found the gentleman's name.
THOMAS HOLT . About half-past eleven o'clock that morning I was at the office of "The Age" newspaper—I saw a gentleman go down Catherine-street, and saw the prisoner following him—he was in the act of drawing the handkerchief from his pocket.
Prisoner's Defence. I gave 1s. 9d. for the handkerchief, and was shaking it; the policeman took it out of my pocket.
GUILTY .** Aged 22.— Transported for Ten Years.
JOHN FREDERICK FRANKS . I am a builder, and live in Old Castle-street. I am building some houses in Circusroad, St. John'swood—the prisoner was working for me as carpenter—I supplied the materials for that place—in consequence of information, I went to the house in Circus-road, and missed a great number of deals and planks—I went in the evening and found a box manufactured of my materials.
Cross-examined by MR. PHILLIPS. Q. Is it your belief that these things were all taken at the same time? A. I should say they were taken at different times—I know these now produced—there is the mark in pencil on them, what they were to be used for—the prisoner had no business to work for himself—he was paid by piece-work—he had been paid more than his amount—he has worked for me a number of years—I believe he is married, and has a son.
COURT. Q. Did you go to his premises afterwards? A. Yes, and found a great quantity of timber and boards—I can identify a great quantity of them—they have my mark on them—he had no business with them.
(The prisoner received a good character.)
GUILTY . Aged 40.—Recommended to mercy.— Confined Six Months.
JOHN FREDERICK FRANKS . The prisoner was working for me at the houses in the Circus—I missed some goods—I spoke to the prisoner about it—he said he knew nothing whatever about it—Leatherdale was my fore-man—I went to the prisoner's house, and found two boxes which had been manufactured in the building, and blackened over with lampblack, to disfigure them, and earned to his place, and some wood besides—the boxes were buried in his room, and so covered that we had a hard matter to find them.
Cross-examined by MR. PHILLIPS. Q. Were they not found in a room in the house? A. Yes—they were not beneath the flooring—I found some glued up of this very stuff—the prisoner glued them up—I did not see them manufactured—the keys of the premises were taken from the prisoner at the station—the landlord was there—the officer locked the room up again—the prisoner had no time to work at home—he slept in the new building, and was there from Monday morning till Saturday night—I am not aware that Jenkins and Taylor supplied him with wood to work—Mr. Taylor said he supplied him with wood four or five months ago.
JOHN RIX . I am a bricklayer. I was at work on the prosecutor's premises about the 12th of October—I saw the prisoner make these two boxes in Mr. Franks's buildings—he used for them the wood used in the building—I saw him afterwards black them with lampblack.
Cross-examined. Q. He did this before your face? A. Yes; there was no concealment about it—I did not know of his working for himself—I believe he made these of the same wood that was used on the premises—I did not know whether he was doing them for himself or Mr. Franks.
MR. FRANKS re-examined. This is one of the boxes—I can swear it is manufactured out of my stuff—the stuff is so cut I have no doubt it is mine.
Cross-examined. Q. Why do you say that? A. This is cut out of battens, which very few persons do.
MR. PHILLIPS called
GUILTY . Aged 40.—Recommended to mercy.— Confined Three Months.
2718. SARAH CLARKE was indicted for stealing, on the 26th of October, 2lbs. weight of bread, value 4d.; 1/2 lb. weight of butter, value 8d.; 1lb. 9oz. weight of cheese, value 1s.; 1 duster, value 2d.; and 1 dairy-cloth, value 2d.; the goods of Charles Gwillim Jones, her master.
at Craven-hill. The prisoner was our cook—I did not authorise her to take any thing out of our house, or to give them to any body else—this bread, butter, and other things I believe to be ours.
OIHO HENRY STEED . I am a policeman. I stopped the prisoner, on the 26th of October, in the Edgware-road, with a bundle containing two pounds of bread, the butter, and other things stated—I asked her what she had got under her cloak—she said, some things she had bought at a shop at Craven-hill—I said I believed she was telling an untruth, as there were no shops there—I took her to the station, and in going she said she might as well tell the truth, that she was cook at Mr. Jones's, at Craven-hill.
(The prisoner received a good character.
GUILTY . Aged 61.—Recommended to mercy.— Confined Two Months.
2719. JANE BULL was indicted for stealing, on the 7th of May, 4 sheets, value 5s. 6d.; 2 blankets, value 9s.; 1 counterpane, value 3s.; 1 frying-pan, value 1s.; 1 pail, value 1s.; and 2 flat-irons, value 1s.; the goods of James Sansom.
GUILTY . Aged 30.— Confined Six Months.
BENJAMIN WHITE . I am a corn-chandler, living in Red Lion-street, Whitechapel. The prisoner is horse-keeper to Mr. Levy, whose stable adjoins mine—I went to his stable on the 26th of August, and saw the prisoner—he said he had taken a sack of oats from my man, out of my ware-house, and taken them to a man named Johnson, and got 6s. for them—I did not make him any promise—I went to Johnson's stable, and found the sack and the oats.
SAMUEL LEVY . The prisoner was in my service—I went to the stable on the 2nd of October—I said to the prisoner, "You have made away with a sack of my oats"—he said he had not—I said, "I know you have"—he said, "They were not yours"—I said, "Whose were they?"—he said, "Mr. White's, his man gave them to me to take to Johnson, and get 6s. for them"—I went and told Mr. White—I was present when the prisoner told Mr. White what he stated.
Prisoners Defence. I was ordered by Johnson to take a sack of oats to Ms house; he gave me a pint of beer for carrying them; I never stole Mr. White's oats.
GUILTY . Aged 36.— Confined Four Months.
BENJAMIN WHITE . The prisoner was in my service—no oats could go out of my place without his knowledge—I saw these oats safe over night, and they were gone about nine o'clock the next morning—I kept the key of the warehouse—the prisoner was entrusted with it night and morning, and very frequently in the day—I have examined the sack and the corn that the officer brought from Johnson's house—they were mine.
Cross-examined by MR. DOANE. Q. Are you able to say which of the two were yours? A. Yes, the first sack I found was standing in the stable, they had not time to take it into the loft—these are the two sacks Taylor produced—I swear to them out of the four.
GEORGE JOHNSON . There were two sacks found in a shed of mine, one brought by each prisoner—Taylor brought one, one morning before break-fast—a day or two after another sack was brought—my little boy took it in.
Cross-examined. Q. Who are you? A. The son of Johnson—the sacks were put in the back part of the house, between seven and eight o'clock in the evening—I was in the shed—I know Cook by sight—I could see him then, as I had a candle—I went to show him the way—the oats he brought were taken away by the officer—seven or eight weeks after—there were other sacks there, and other oats—I cannot say which sack it was the officer took away.
COURT. Q. How many others had you? A. One, which Taylor brought—the officer took that too.
SAMUEL TAYLOR . I am an officer. I took both the sacks from Johnson's house—I showed them both to Mr. White, and he identified them—I went in search of Cook, and found him in Whitechapel, unloading some oats—I said I wanted him for robbing his master—he made no answer—I said I should take him into custody—he said, "I know nothing at all about it"—on the way to the station he said, "They are not going to frighten me; I shall say nothing about it; they will get nothing out of me"—I went to a stable in George-yard, and found this sack in the stable, and this in the loft.
Cross-examined. Q. Did you mark these sacks? A. Taylor did—I saw him do it—I think it was the 5th of this month, in Lambeth-street—there were other sacks there—he marked two in the middle part—there was no name on those that came from Johnson's—I know them by the back-stitches.
NOT GUILTY .
GEORGE MOODY . I live in Great Wild-street, Lincoln's-inn-fields, and am a broker. On the 19th of October I had a table at my door—I went out, and when I came home I missed it—I found it at a broker's shop in Vere-street.
Prisoner. He has a great animosity against me. Witness. She has been in the habit of going up and down the street, but I had no knowledge of her but by her selling things—she came to me half-an-hour before she sold the table, and said she had such a thing to sell.
Prisoner's Defence. He saw me three or four days afterwards at Bow-street; he was asked why he did not take me, and he said he did not think it worth his while.
GUILTY . Aged 57.— Confined Three Months.
MR. PHILLIPS conducted the Prosecution.
JOHN M'KENSIE . I am an assistant in the house of Todd, Morrison, and Co.; Mr. James Morrison is one of the partners. On the 22nd of October I entered a parcel of goods, and placed them on the floor in the packer's room—there was a paper parcel containing these three shawls, which I placed on the top of the pile—I saw them safe at eight o'clock at night, on Friday, the 22nd, and missed them on Monday morning—I have seen the prisoner in the warehouse several times.
RICHARD GREENWOOD . I am assistant in the wadding department in that house. I know the prisoner by his coming to the house—I saw him there on the 23rd of October in the morning, and again between two and three o'clock in the afternoon—he delivered wadding there—he had an opportunity of passing through the packing-room.
THOMAS ROWLEY . I am assistant to Mr. Cotton, a pawnbroker. On Saturday evening last the prisoner brought three shawls, which he offered to pledge—I told the young man to keep him in conversation while I fetched an officer, who took him with them.
WILLIAM FITZGERALD (police-constable N 255.) I took the prisoner and these three shawls—he said he received them from his father, who lived in Tyson-street—I went there, but his father has been dead some years.
(Property produced and sworn to.
GUILTY .* Aged 20.— Confined Six Months.
(There was another indictment against the prisoner.)
NOT GUILTY .
THOMAS VOKINS . I am in the employ of Ambrose Bradley, of Cable-street, Wellclose-square. On the 26th of October I saw the prisoner at the shop about three o'clock—she then went away—I followed her, and under her shawl I found this waistcoat, which is my employer's—she said it was her father's, and she had to pawn it.
GUILTY . Aged 18.— Confined Two Months.
HENRY WILLIAM WAINWRIGHT . I live in Whitechapel, and am a brush-maker. I hung these brushes inside my door on the 23rd of October—they were safe at 7 o'clock in the evening—they were brought back by the policeman in about ten minutes, and then I missed them—they are mine.
Prisoner. I did it for want and I have no father—my mother sells things in the street.
GUILTY . Aged 17.— Confined Six Days.
OLD COURT.—Saturday, October 30th, 1841.
Second Jury, before Mr. Sergeant Arabin.
KITTY DIXON . I am the wife of James Dixon, a butcher, in King David-lane. On the evening of the 23rd of October, the prisoner came to my shop—I was serving another customer—she said nothing, but took a piece of mutton off the show-board, put it under her cloak, and ran out with it, or walked very quickly—I told my son—he pursued and brought her back—she begged of me to forgive her, which I wished to do, but my husband would not.
WILLIAM GRAVES (police-sergeant K 11.) I was about three doors off the prosecutrix's house—I saw her son go to the prisoner and say. "You have got something under your cloak belonging to us"—she said, "No, I have not"—I removed the cloak on one side, and took a sheep's-head out of her hand—she said she had bought it, but could not tell where—I took her back to the house—the prosecutor at first seemed disposed to let her go, but another witness took up a piece of mutton, and then the prosecutor said he would give her in charge.
Prisoner. I throw myself on the mercy of the Court—I have two children.
GUILTY . Aged 45.—Recommended to mercy.— Confined Two Months.
2728. HARRIET KEMBLE was indicted for stealing, on the 11th of October, 2 sheets, value 8s.; 2 frocks, value 8s.; 1 bed-gown, value 1s.; 1 petticoat, value 6d.; and 1 pair of trowsers, value 6d., the goods of Thomas Brown, her master.
SOPHIA BROWN . I am the wife of Thomas Brown, and live at Alpha-cottages, Old St. Pancras-road. I take in washing—I wash for Mr. Fisher, of Lower-street, Islington—the prisoner was employed to come to iron and
assist me in washing, and about five months since I took her as my servant in the house—I sent her for the things to Mr. Fisher's on the 11th of October—she came back with the things and a list of them—on looking at the list, and counting the clothes, I found two pair of sheets put down, and only one sent—on making inquiry I also missed two frocks, a bed-gown, and a pair of trowsers—I did not miss them till I saw them at the pawnbroker's—I went to her son's to try to find her—I had given her leave to go out for an hour in the evening—she never returned—I saw no more of her till she was in custody a fortnight after—she left without giving any notice—the property produced is what I lost.
FRANCIS MANSER . I am a policeman. The prisoner was given in my custody on Saturday night last, by a young woman, saying she was authorized by Mrs. Brown to give her in custody for having stolen two sheets, and other articles—I took her to the station—she said she had two tickets of Mrs. Brown's, which she gave to me with twenty-four more—they led me to the pawnbroker's, where the property was found.
WILLIAM PERRY . I am in the employ of Mr. Metcalf, a pawnbroker, of Upper Seymour-street, Euston-square—the prisoner pledged these two sheets, trowsers, and petticoat—the duplicates produced are counterparts to those she had.
Prisoner's Defence. I took the things, thinking to take them back next day, expecting some money, but I did not get it, which caused me to stop away; it was not my intention to keep them; I had been at the pawn-broker's before for Mrs. Brown, to pledge a great many articles, which she had of Mrs. Fisher and her customers, which gave me great encouragement to do this.
SOPHIA BROWN re-examined. There is no truth in what she says—I never pledge property entrusted to me to wash—I have sent her to the pawnbroker's with my own things—I was out at the time she took these.
GUILTY . Aged 46.— Confined Six Months.
Before Mr. Baron Gurney.
2729. JOHN SLARK and JAMES TURNER, alias Skeimers, were indicted for burglariously breaking and entering the dwelling-house of Hester Johnson, about two o'clock in the night of the 11th of September, at St. Marylebone, with intent to steal, and stealing therein, 1 coat, value 12s.; 1 shawl, value 2l. 10s.; 2 gowns, value 2l.; 1 pelisse, value 10s.; 3lbs. weight of pork, value 2s.; 2 half-crowns, 2 shillings, and 4 sixpences; the property of Michael English.
MICHAEL ENGLISH . I lodge at No. 17, East-street, Manchester-square, in the parish of St. Marylebone—Elizabeth Johnson, a widow woman, keeps the house. On Saturday, the 11th of September, I went to bed about one o'clock in the morning—I sleep in the back-parlour, on the ground-floor—I got up between five and six in the morning, and missed about 12s. out of my waistcoat pocket in the room I had slept in—my waistcoat was on the chair at the end of the bed—I missed a coat off the door leading from the back-parlour to the front, and a brown silk shawl off the top of a bureau-bedstead in the front-parlour, two gowns and a child's pelisse from the back-parlour, and some meat—I think the house had been entered by the window of the room I slept in, which was shut when I went to bed at night—there is no fastening, they had only to raise it up—they might with a common latch-key open the private door to enter the house
and go through the passage into the back-yard, or get to it by the back premises—I found the window had been pulled up sufficient for a person to come into the room—my wife was in bed with me and a baby—I have since seen the shawl and coat.
ARTHUR BILLER . I live opposite Mr. Barnett's shop in Homer-street, Marylebone. On Sunday morning, the 12th of September, I saw the prisoner Slark, as near nine o'clock as I can recollect, come down from the New-road—he passed my shop-door, and crossed over to Barnett's, with a bundle over his arm, in a red handkerchief—he went into Barnett's.
ABRAHAM BARNETT . I am a clothes-salesman, and live at No. 31, Homer-street. On Sunday morning, the 12th of September, a little before nine o'clock, somebody came to my shop with a bundle, which he left with me in a red handkerchief—he went away—he purchased a coat and had not money to pay for it, and said he would leave the bundle in my care while he went to get the money—the prisoner Slark looks very much like the man—I cannot say exactly that he is the person—I do not believe he is the person, but he looks very much like him—I took particular notice of the person—he had curly hair—he did not stop only to purchase the coat—I did not know the prisoner before—about ten minutes afterwards the police-sergeant came in—I gave him the bundle—while he was there the prisoner Turner came in, and said, "Has Jack Slark," or "Jack Clark, been here?"—I do not know which, I was rather frightened—I gave him no answer—the policeman took him into custody on suspicion.
THOMAS HENRY THOMPSON . I am a policeman. In consequence of information, I went to Barnett's shop on Sunday morning and received a bundle from him—while I was there, Turner came in and asked if Jack Slark had been there that morning—Barnett did not answer him—I asked Turner what he wanted with Jack Slark—he said he wanted to see him—I then said I should take him into custody on suspicion of stealing this property, having the bundle in my hand at the time—he said he knew nothing about it—I produce the bundle.
Turner. Q. Did you ask what I wanted with Slark? A. Yes—you made no resistance.
MARY ANN CONSTANTIA ASHLEY . I live at No. 12, Homerrow. I was going up Homer-row on the Sunday morning, about nine o'clock, and saw the two prisoners with a shawl attached to this fringe which is here, and a coat—they were standing still, a good distance from English's—the things were hanging down, and seeing this beautiful fringe, and knowing the prisoners, I thought they were not their own—I saw Turner fold the things up and put them between his knees, he took his hat off, took out his hand-kerchief, tied them up in it, and gave them to Jack Slark, who took them to Mr. Barnett's shop—I followed him there, saw him go in, and gave information to the sergeant.
Slark. I bought a sleeve-waistcoat of Barnett—I wish to know how she came to know me as a bad character? Witness. From constantly seeing him in company with bad characters, and frequenting skittle-grounds, and he has since been taken for a robbery.
JURY. Q. Have you any doubt about either of the prisoners? A. Not the smallest—I knew them both before—I knew Turner when he was in custody before for a robbery.
I went in search of Slark, and found him at the New Star and Crown public-house, Broadway, Westminster—I said, "I want you"—he said, "What for?"—I said, "For a robbery, at No. 17, East-street, Manchester-square"—he said, "I know nothing about it"—I said, "Do you know Barnett, the Jew, in Homer-street?"—he said, "No"—I said he must go with me.
JANE ENGLISH . I am the prosecutor's wife. The articles in this bundle are mine—this is the fringe belonging to my shawl—I have received the shawl from Sergeant Thompson—I was obliged to pick it to pieces because it was so greasy, to get it dyed—it was taken that night—this coat belongs to my husband.
Turner's Defence. At the time of the robbery I was at home in bed.
SLARK— GUILTY . Aged 22.
TURNER— GUILTY . Aged 19
Transported for Fifteen Years.
2730. JOHN JOHNSON was indicted , for that one Edward Jones was, on the 20th of September last, tried and convicted of stealing, on the 29th of August, in the dwelling-house of Joseph Drake, at St. Pancras, 18 spoons, value 9l. 15s.; 1 pair of sugar-tongs, value 10s.; and 1 basket, value 6d.; his goods: and that he the said John Johnson feloniously did incite, move, procure, counsel, hire, and command the said Edward Jones to do and commit the said felony; and that he had been before convicted of felony.
MR. CLARKSON conducted the Prosecution.
WILLIAM AGGS . I am an inspector of the S division of police. On Saturday morning, the 28th of August, I received information of an offence about to be committed—in consequence of which I went to Mr. Drake's house in Camden-villas, about eight o'clock on Sunday night the 29th of August—I took three policemen there, left them in the house, and placed them in different parts—on the Sunday evening at a quarter past seven, I saw the prisoner in company with one Jones, within about 300 yards of Mr. Drake's house, and near to the Robin Hood beer-shop, there was the prisoner, Jones and Cole, all three together—at five minutes after nine I saw Jones and Johnson leave the same beer-shop together, they appeared to go towards Mr. Drake's house, but I lost them, as I wanted to avoid their seeing me—about half-past nine I went into Mr. Drake's house, and found the prisoner and Jones both in custody.
Cross-examined by MR. PAYNE Q. Did you yourself receive any information from Cole at first? A. No, not at first—I did not apply to Cole before he came to me—a constable mentioned it to me first.
WILLIAM PORTER (police-sergeant, S 5.) I was one of the three officers stationed in the house of Mr. Drake on Sunday night the 29th of August—I was concealed at the end of the passage adjoining the back kitchen-door—a little after nine I heard somebody in the kitchen—I heard them lift up the latch of the back kitchen-door—they must have come from the stable-yard, and then I heard somebody in the kitchen—I thought we heard more than one—after a little time the person or persons went up stairs—I went up after them—I got as far as the dining-room door, where I found the prisoner, and took him into custody immediately—he was about entering the door when I apprehended him—he put his hand behind him, and was pulling something out of his pocket—Mason, another constable, came up at the time, caught hold of his hand, and took from him a jemmy, which
is a small crow-bar—I searched him, and found a box of lucifers on him—it is a regular box, but there is no candle in it—I handcuffed him, and shut him in a room—we went back to the same place again, and in a few minutes I heard somebody enter again, by lifting the latch of the kitchen-door again—they proceeded up stairs—I followed—Wakeham went up before me—when I got up I found Wakeham had got Jones, (who was convicted last Sessions) in custody—I did not see any thing in Jones's hand, but there was a basket of plate standing on the floor—he was close against one of the bed-room doors—the basket of plate was within two yards of him—I held him while Wakeham picked up the basket—the plate was produced on a former trial, and is here.
Cross-examined. Q. Did you and Wakeham go up close together? A. I followed him up—I was not far off—I had not given the information to the inspector.
RICHARD MASON . I am a policeman. I was in the house on Sunday night—I found the prisoner on the landing-place, putting his hands behind him—I took a small crow-bar from him—I afterwards heard a second person come up stairs, and went after him—I heard something like spoons and forks rattling, went up and saw Jones scuffling between Porter and Wakeham—this might be a minute or two before I heard the spoons rattling—I saw the basket and plate by them.
Cross-examined. Q. I believe you saw it in Wakeham's hand? A. I did not see it before it was picked up—when I first saw it it was in Wakeham's hands—I had not given information to the inspector.
RICHARD WAKEHAM . I am a policeman. I was in the house on this night, and saw the prisoner taken into custody, and afterwards Jones—I heard Jones coming into the kitchen while I was in the coal-cellar—he proceeded through the passage, and up the stairs, I followed him—he did not see me till I came near the top of the second flight of stairs—when he saw me he had this basket in his hand and the plate in it as it is now—I followed him—he went into the bed-room—I took him into custody—he made resistance—in the scuffle he dropped the plate—it fell by the staircase, and made a great noise—when I first went up stairs Jones was alone—I did not see Cole then—I do not know where he was.
Cross-examined. Q. Did you know Cole before? A. Yes—I might have known him three weeks or a month before—it was I gave the information to the inspector first—Cole told me of it close by the corner of No. 7, just below Mr. Drake's house, about four o'clock, on the Thursday before this Sunday—I was on my beat—he spoke to me first—I knew him working for Mr. Drake, by seeing him pass to and fro—I will swear I saw the plate-basket in the hand of Jones—the sergeant came up after me, but I was before him a few steps, between the prisoner and him—he could not see so well as me—I took Jones about ten minutes after Johnson was taken.
MR. CLARKSON. Q. Had you seen Cole in company with either of the prisoners before the Sunday? A. Yes—I saw him talking with Jones at Mr. Goodhart the surgeon's door on the Thursday about four o'clock—after conversing with Jones, Cole came up to me with a jug of beer in his hand, and made a disclosure to me.
GEORGE COLE . I was groom to Mr. Drake, of No. 14, Camdenvillas. On Thursday afternoon, the 26th of August, between three and four o'clock, I was at the Eagle public-house, in the neighbourhood of Camdenvillas,
about one hundred yards from my master's—I went for a pint of beer, and as I was returning I met a person who I did not know before, named Arthur Black—he goes by the name of Jones, and was tried last Sessions—he spoke of the hotness of the weather, and the bad state of trade—he was carrying two work-boxes—he said he would not blame any body who would rob another these hard times—he asked whether my master kept any plate—I said, "Yes, sir"—he asked me where—I told him, "In an iron-chest"—then be offered me 300l. If I would let him into the house, and asked me to go and have something to drink, which I refused—I did not tell him why—I had not been out late—he asked me to meet him on Saturday night at the Prince George, in Albany-street—I said I would meet him on that night, but he said no, I should meet him on Saturday night—I then took my beer home, but I went over to Wakeham, the policeman, first—I told him what Jones had suggested to me, and went home—on Saturday night at nine o'clock, I went and waited at the door of the Prince George—Jones came up—we had some ale together, and took a walk together down Albany-street—he said it would be best to come on the Sunday night at nine o'clock, as the police went off duty—he asked me if the plate was all right—I said, "Yes"—he told me to try and get the servants-out—we went from Albany-street to another public-house, and had more ale—I agreed to meet him at the Robin Hood at nine o'clock on Sunday night—I left him on Saturday about ten o'clock—the Robin Hood is opposite the Eagle—I saw no one but Jones on the Saturday—I saw nothing of the, prisoner on Saturday or Thursday—I met Jones on Sunday, about seven o'clock, in Brecknock-crescent, by accident—he said he had seen me talking with Wakeham on the Sunday morning, which I bad been doing—I said he (Wakeham) was my cousin—I said so to deceive him—we walked round by the Eagle, and opposite the Eagle saw the prisoner Johnson leaning against the palings—he asked me if it was all right, and shook hands with me—I had never seen him before—he appeared to know Jones—we crossed over to him—when he asked if it was all right, I said, "Yes"—we all three then went to the Robin Hood, and had some ale—the prisoner said he would go with me first and get the things open all ready—and then he said Arthur Black should fetch the cab—Jones agreed to it—I was to try and get the servants out of the way first—I went for that purpose, but I saw Wakeham—I told him what was doing—I then went back to the prisoners, and said I could not get the servants out before a quarter to nine o'clock—Jones had gone after the cab—Johnson and I drank what we had, and went to Camden-town—Jones came up by the Red-cap, and said the cab was on the stand in the Regent's-park, but not the man—"before this the prisoner had told me that I should be sent over to Scotland, and I should set up a shop there"—he told me he had been to the Brecknock Arms to rob the place, but they were alarmed—we all three went to the Robin Hood again, had more ale, and then it was agreed that Jones should go after another cab, and Johnson and me go and get the things ready by the time he came back—this was just about nine o'clock—Jones went after another cab, and the prisoner went with me—we went the back way, through the stable-yard, to the kitchen-door—I found it shut—I lifted the latch and went in—the prisoner followed me—he went into both the kitchens, and said he would go up stairs and get open the things in the trunk, and get all ready—I went up close behind him till he was taken—I do not know whether the officer saw me—after he was taken I went out the back way for Jones—he came to me and said he had left the cab
at the Eagle—he came with me the back way—the stable-door was ajar—he went in first, and I after him—I lifted the latch of the kitchen-door—when he got into the kitchen, he took this plate-basket off the screen in the back-kitchen, took it in his hand, and was going up stairs with it—I went up with him about halfway, put the candle on the stairs and then came back again—I did not go up stairs again till he was in custody, that I recollect—I had not the basket in my hand—Susanna Spencer was my fellow-servant—I do not know whether she was in the house at the time I lifted the latches.
Cross-examined. Q. Had you had notice to leave Mr. Drake before this time? A. Yes—I had been between three and four months in his service—before that I lived with Mr. Croker, at Brixton, about five months—I left him because my fellow-servant and I did not agree, that is all—before that I lived with Mr. Powell, of Cheapside, for eight, nine, or ten months—I left him because all the servants were discharged at once—they did not say there was any thing wrong—I am eighteen years old—I first went into service at about fourteen—I have lived at four places since, I think—Jones asked if my master had any plate, immediately after talking about the weather —I had never seen him before—I told him I would go home to try to get the servants out of the way—I did not mean to do so—they told me they would rob the Brecknock Arms next week—I agreed to be in it—I have known Wakeham ever since I have been with Mr. Drake—Wakeham had not said any thing to me about the robbery before I spoke to him—he said be had seen me with another person—he did not tell me he knew that person—J went over and told him of it.
COURT. Q. But before you told him, had be said any thing to you about seeing you with another person? A. No—he said he had seen me talking, but he did not know what it was about—that was after I told him about it, not before.
MR. PAYNE. Q. Was not that before you said a word to him about it? A. I told him first—no part of the family were at home—the cook and her sister were left in charge of the house—the family had been away about a fortnight, I think—I do not know where the plate was usually kept—I saw it on the screen, that is all—I did not live in the house—I lived in Randolph-street, Camden-town, at Lainsbury's—I do not know whether the female servants have been discharged—I acted under the direction of the police all through the matter—I told the prisoner I could not get the servants out till a little before nine o'clock—I said so after I had seen he policeman, because it would give the policeman time to get into the house—I had not seen any policeman in the house before I went with the prisoner—nobody has accused me of being concerned in the robbery—I am a witness.
COURT. Q. Have you ever been accused of any robbery? A. Not that I know of.
MR. PAYNE. Q. You never heard it? A. No—I was not charged before I became a witness, and allowed to become a witness afterwards—I am a witness against Barnes and Towers in the copper robbery at Westminster, for trial to-day—I went before the Magistrate about this, and said what I have to say—I was not in the employ of the prosecutor of the copper robbery—I was in company with those prisoners, as I asked if I could ride up to town—i rode up with the carrier.
COURT. Q. Was that before this business, or since? A. Since.
MR. PAYNE. Q. Do you mean to swear you yourself went voluntarily
to the policeman, and told him? A. Yes—that was the only case besides the one in question—I left Mr. Drake's employ directly after this business—he turned me away—I have since been living with my father at Black-heath—I fell in with Barnes and Towers on the day they were taken with the copper, which is about a week ago.
MR. CLARKSON. Q. Were you ever before a Magistrate till examined on this charge? A. That was the only time—I saw Wakeham on the Sunday morning—I had seen him every day after Thursday, and spoken to him about this from time to time—I acted under the policeman's directions—Wakeham told me to come to him about nine o'clock.
MR. PAYNE. Q. Did Wakeham tell you it was after nine o'clock that a burglary must be committed? A. Jones said it was the time the policemen would be off their beat.
SUSANNA SPENCER . I was cook to Mr. Joseph Drake, of Camden Villas. I left three weeks ago—I was in the house on the Sunday night—Mr. Drake was at Herne-bay—this plate is Mr. Drake's property, and was in this basket on the Sunday night, about eight o'clock, on a meat-screen in the kitchen—I afterwards saw it brought down by Wakeham.
Cross-examined. Q. You have been discharged since? A. I left of my own accord—we had a few words, but nothing about this matter—the family had been out of town some weeks—Mr. Drake came to town occasionally, and the plate was in use—I always took it into my bed-room at night—I did not see it taken away.
MR. CLARKSON. Q. Was there any charge ever made against you? A. No.
ROBERT MARSHALL STRAIGHT, ESQ . I am Clerk of the Arraigns of this Court. I produce the indictment against Jones—there is entered on this, a minute of the conviction of Jones of stealing to the amount of 5l. and upwards in the dwelling-house of Joseph Drake—Mr. Clark, as the officer of the Court, has the custody of this.
Cross-examined. Q. Has the record been made up? A. I believe not.
COURT. Q. Have you the caption? A. Yes—(reading it.)
WILLIAM DRENKLE . I am a hair-dresser. I produce the record of the former conviction of William Black, alias Green, in July, 1835—(read)—I was present at the trial—the prisoner is that man, he was sentenced to be transported for life—I did not know Jones till the time he was taken—I do not know that the prisoner and Jones are brothers.
Cross-examined. Q. Where was the robbery committed? A. In Devonshire-street, Portland-place—I had stopped the prisoner with the plate, hearing a cry of "Stop thief"—I have frequently seen him about since, but not for the last few months—I did not see him for better than two years after he was convicted—I know the family—there are several brothers—I do not know how old the person appeared to be, but I know the prisoner is the person—I have frequently seen him about Tottenham-court-road since—I understand he had some imprisonment, and got clear.
MR. CLARKSON. Q. Were you here at the trial of Jones? A. Yes—I; saw him in prison, and know him to be the prisoner's brother.
Cross-examined. Q. How old did he appear to be? A. Twenty-four or twenty-five—the next time I saw him was last Session—I know him by his features, and am confident he is the man—I consider him near thirty.
GUILTY . Aged 20.— Transported for Life.
2731. MICHAEL BROSNAN was indicted for stealing, on the 1st of December, 56lbs. weight of soap, value 1l. 5s., the goods of Robert Charles, his master: and JOHN MASON , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
MR. PRENDERGAST conducted the Prosecution.
ROBERT CHARLES . I am a soap-manufacturer in High-street, Wapping, my premises are by the river-side, close to where the Tunnel will open, at the bottom of Old Gravel-lane; the back of the premises is bounded by Brewhouse-lane—Brosnan has been in my employ about two years, and was employed in the fancy soap-manufactory, which was then at the back of the premises adjoining Brewhouse-lane—there is another soap-maker's at the top of Old Gravel-lane, and a small manufactory about the centre of Old Gravel-lane, but not very near my premises. On the 23rd of September, the witness Austin called at my counting-house, and gave me some information—I directed him to go and look among my men—he came back and gave me some further information—in consequence of what he told me, I called Brosnan before me, not in Austin's presence—my son, who was in the counting-house, first said to him, "You have robbed us"—he replied, "You cannot prove that"—I immediately said, "That is no answer, you have robbed me"—he turned exceedingly pale and became much agitated—he caught hold of the bars in the counting-house before the desk, and after a little while he said, "It is too true;" or I have robbed you"—I cannot exactly say which of the two sentences he uttered, but either one or the other he certainly said—I asked him to what extent—he said, "Not to much"—I said, was it to the extent of 5cwt.?—he said, it might be—I said, perhaps it was half a ton, for I began to be a little alarmed—he said, yes, it might be half a ton—I then said to him, "Now, it will be better for you to tell the whole"—I afterwards desired him to go to his work, and sent for an officer—he was taken into custody about ten minutes afterwards—after being in custody about a fortnight he was discharged—he never had any authority to sell any soap—from the extent of my stock a considerable quantity might easily be taken away without its being missed.
WILLIAM AUSTIN . I have lodged with the prisoner Mason at three different places—in December last I lodged with him at No. 19, Angel-place, Blackfriars-road—I have seen Brosnan there a great number of times in and previous to December last—I have heard Brosnan remark to Mason that he should be up stairs in the forepart of the week, and he would send him a note and let him know when to come down, and there has been a note come—I have heard Mason's wife say that she had had a letter from
Wapping, and he must go down—he has said, "I will go," and he has taken his basket and been to Wapping—I have heard his wife say she had had a letter from Mike—Brosnan was called Mike—Mason has on those occasions taken the basket away empty, and returned with it sometimes full and sometimes not full, of yellow soap—he had two baskets which he used to go with—one would hold about half a cwt. or a little more, and the other about a cwt.—Brosnan generally came to Mason's on Sundays—they generally had a glass of something to drink—Mason has been to me a number of times and said, "Will you lend me half-a-sovereign or a sovereign to pay this man?" I have done it, and he has returned the money to me—I remember a man called Patty being there—he is an Irish-man—Patrick, I believe, is his right name—he goes by the name of Patty—he has been there a good many times—on one occasion when Patty was there, Mason said to his wife, "Move the soap into the kitchen, and don't let Patty know we get any from Wapping"—I remember the day on which Mason was apprehended—I watched his house for some time after that, and I law the prisoner Brosnan leave the door.
Cross-examined by MR. CHAMBERS. Q. Where was Mason living then? A. At No. 3, Norfolk-street, New Cut—I did not lodge with him there—the last place I lodged with him at was No. 19, Angel-place, before that I lodged with him at No. 44, I believe, Lant-street, Borough, and also in Red Cross-street, Borough—he kept a chandler's-shop when he lived in Red Cross-street—I was there three weeks, and then he moved—no soap came there from Wapping, to my knowledge, nor to Lant-street, to my knowledge—all I saw was at Angel-place—he went to Angel-place on the 5th of March last year, and I lodged with him there from that time till about eight weeks ago—he had the whole house, and I had furnished apartments in it, with my wife and my wife's sister—there were no other lodgers—my wife is since dead—neither my wife or her sister were present at any of the conversations I have mentioned—they occurred in Mason's room down stairs, and on Sunday mornings—my wife died on the 27th of May, and then I was only a single man lodger—none of these conversations occurred before that—my wife's sister was not lodging there at the time these conversations occurred—I moved into the back-room after my wife's death—no other lodger came to the house, not to pay—a female lodged with Mason's wife for one night—I cannot say how soon after May it was that the first conversation about Wapping occurred, but I should say not for six weeks or two months—I am perfectly sure of that—it was not on a Sunday that the basket was taken out—I had a great deal of work to do.
Q. What time in the day was the basket taken out after you heard the wife say a letter had come from Wapping? A. Sometimes I left off work at half-past five o'clock—that is our regular hour, and about a quarter before six I returned home, and I have seen Mason take the basket, likewise I have seen him send a young man with a basket to Wapping—it was always in the evening I saw it, after I came from work—he was gone about two hours and a half—I have had a quarrel with him—he did not turn me put of the house—I paid my rent honourably every week—he never called in the police to get me out of the house—I swear that—I was never taken into custody by the police by his directions—I have been in custody of the police, but was never taken out of that house—he did give me in charge of the police, about nine days after I left—it was in the court
—he charged me with accusing him of a robbery and an assault—I do not know what he charged me with—I was locked up—he said I had assaulted him—I was in the station-house all night, and then went before a Magistrate, and was bound over to keep the peace.
Q. Did that make you angry with him? A. Not a bit of it—do you think I care about 2s.?—I do not know that he ever made any other charge against me than that.
Q. What was that you said about a robbery? A. I told you that he had me locked no because I accused him of being a thief, or receiving stolen goods, and an assault—I did accuse him of receiving stolen goods nine days before he charged me with the assault—he brought an action against me—at least I had a piece of paper.
Q. Had you been locked up in the station-house before you went to Mr. Charles? A. Yes—the action was not brought against me for a fortnight after I went to Mr. Charles—I know Messrs. Price—Mason did not work for them at the time he sent me to the station—I do not know how long ago he worked for them—I went down there, and Mr. Price was not at home, and I wrote a note to Sir Charles Price—that was before I was put into the station—it was after I had left his lodging—I did not leave the lodging on account of any quarrel—Mr. Price came to me in consequence of the note I had written to him—I do not know how soon it was after I left the prisoner's lodgings—it must have been within nine days—he did not continue in Messrs. Prices' service, notwithstanding what I said to Mr. Price—he had warning at that time—I have seen Mr. Price a good many times—I saw him yesterday.
Q. Do you mean to tell me distinctly, on your oath, that you have no malice or ill-will against this man, for "locking you up? A. No, nor any man in this world have I ever had a moment's malice with—I get my living by hard work—I am an engine-smith—I worked for Mr. Cisterson, of Southwark-bridge, for five years—I left him three months ago—I am now working at Mr. Nolan's, in Guildford-street, at the corner of Essex-street, in the Borough—I have been in the station three or four times, or it may be five times, because I sometimes take a little drop too much—I always go to the station for protection—I am never taken by a policeman, nor ever fined the penalty—I may have paid 1s.—I have never been locked up in gaol for it—I have never been locked up for any thing besides being drunk—stay a minute, I will just tell you (considering)—no I do not think I was ever locked up in my life, except it was for a little drop too much—I swear I have never been in any prison or gaol—I am nearly twenty-two years old—I have not been a smith all my life—I formerly worked in a cloth-manufactory in the country—my grandfather was a master clothier—my friends became bank-rupts, and I came up to London to seek my fortune—I first went to the Life-Guards, to try to get a situation, and then turned smith—Eastman was the young man who Mason sometimes sent for the soap—he was in Mason's service some time, backwards and forwards—I cannot exactly say how long, not a great deal—when Mason could not go himself, he used to send Eastman—he did not live in the house—I did not know him before he came to Mason's—I have not been acquainted with him since, further than giving him the time of day when we met, but not to have any thing to drink with him but once, and then Mason and I and he had a drop of something together—I was never in Horsemonger-lane gaol, no further than going to see the prisoners
and debtors there—I have been into almost all the gaols in London—I was never a prisoner there—I do not believe I was ever confined there for an assault—I have been at the Sessions-house for a drunken assault—I was not taken up last December for an assault on some soldiers.
JAMES EASTMAN . I live at No. 8, Tower-street, Vauxhall. In December last I was in Mason's service—he first employed me to go with him to fetch some soap—we went to Wapping, to the back entrance of Mr. Charles's premises—when I went with him he left me, and I did not see where he went for the soap—I do not know that he went to Mr. Charles's then, but I know he did go there, because I have gone by myself at other times with a note which he has given me to receive soap—when he gave me a note I went to Mr. Charles's back premises, and knocked—Brosnan opened the door, I delivered the note to him, and he took my basket and filled it—I received 56lbs. of soap each time I went, sometimes more, and sometimes less—before that I had gone with Mason on various occasions—he has gone away, and when he came back he bad a basket full of soap, sometimes 1/2 cwt., and sometimes 3/4—I delivered the soap which Brosnan gave me to Mason—the 18th of January was the last time I went with a note—I cannot say how many times I had brought soap before that, but I had brought it away for about five weeks by myself—I do not know whether the soap I brought on the 18th was marked or not—some of the soap was—I have heard Mason say it was Mr. Charles's mark, and it was to be cleaned—I cannot read myself, or else I could have made it out—it has been cleaned before I delivered it to the shops—by cleaning, I suppose he meant the mark was to be cleaned off—I delivered the soap to him, and went home, and next day, perhaps, I went to deliver it to the shop-keepers for him—Mason did not keep any shop at that time—I have not said any thing to Brosnan when I have gone for the soap—he has delivered the soap to me, and I have delivered to him the money—sometimes half-a-sovereign, and sometimes a sovereign—I cannot say what particular money I delivered on the 18th—sometimes they settled between them—I do not know when—I have been to Mason's house sometimes on Sunday but was not in the habit of doing so—I have never seen Brosnan there at all.
Cross-examined by MR. BALLANTINE. Q. What are you? A. A labourer—I am not in employ at present, through this case, or else I should have been—the last master I worked for was Mr. Brock, a builder, about six months ago—I have been working on my own account since—I have had a horse and cart working in the country with fish—I have been tried and convicted, and sent to the hulks at Woolwich—that is ten years ago—I did not know till the last week that this was not an honest transaction—I did not know it was a dishonest transaction when I first went—I did not know till lately that the door I went to was a back door—I did not live in that neighbourhood, nor did I know the warehouse—I did not know Brosnan before—I went there and handed in a basket, and sometimes paid something—I believed it was an honest transaction until the last week.
Cross-examined by MR. CHAMBERS. Q. You first used to go with Mason? A. Yes, at all hours in the day—I have been at half-past seven o'clock in the morning—Mason lived in the Borough when he first employed me, I think in Lant-street—that was about three months before last chirstmas—I went with him for about a mouth, and then I used to go by
myself for about five weeks—the 18th of January was the last time I went—I then left off, because I got a job, and did not think it worth while going—Mason used to pass to me as a commission-traveller—I have known him nine years—he has only passed as a commission-traveller about two years—before that he kept a shop in Red-cross-street, Borough—I do not know of his doing anything else—I used to carry the soap to the shops—Mason used to sell it before he sent me with it—I received the money and carried it back to Mason when I received it—I have taken soap and received the money about twelve times, or it may be twenty, I do not know—the first house Mason lived in, he kept the soap under the stairs in the coal-cellar, and in the last house he used to keep it in the kitchen—it was when he lived in Lant street that he first got me to help him—it was about two or three months before Christmas last, that it first began with me.
Q. Do you mean that he was living in Lant-street then? A. No, a good bit before that—I do not know exactly how long he has lived in the last house—I cannot call it to mind—I have been to his house in Angel-place on a Sunday—I was never there when Austin was there—I cannot say now whether he ever sent me to fetch soap in Austin's presence—Austin was a single man lodger, and he might be up stairs for what I know—I do not recollect that he ever told me in Austin's presence to go and fetch soap—when Mason lived in Angel-place I sometimes went to fetch the soap in the evening—about four or five o'clock in the winter time, never later than that—I do not know what time Mr. Charles's manufactory shuts up—I was never told to mind and be there before the men went away—I have never started from Angel-place later than five, I am quite certain of that—Mason would not have employed me to go if he had thought I should be too late—I know Austin by sight—I have drank with him and Mason five or six times, I suppose, sometimes at Mason's, and sometimes out—I do not know that I have ever drank with them on a Sunday—we have drank at two public-houses in the New-cut—I never drank with Austin alone—I drank with him this morning and yesterday—I do not know where he lives—I live in Tower-street, and have done so for three years—I have never been taken up except the time I was sent to the hulks—I have my pardon in my pocket, and I received 2l. when I came away, which I should not have done if I bad not behaved myself—I have obtained an honest living for the last nine years—I was not taken in custody on this charge—I have had no conversation with Austin about it—Austin had nothing at all to do with me.
MR. PRENDERGAST. Q. Were you discharged from the hulks before your time? A. Yes, I only served four years and five months out of seven years—I got out through my good behaviour.
JAMES FOGG . I am an inspector of the Thames-police. I apprehended Mason at his house in Norfolk-street, Blackfriars-road, on the 10th of October—I had been to his house about a dozen times before, but was not able to see him—I made an arrangement with his wife, not in my police dress, and saw him—I then took him, and told him that we were come to take him into custody for receiving a quantity of soap belonging to Mr. Charles, of Wapping, from a man who went by the name of Mike, who worked for Mr. Charles—he said he did not know such a man—I told him he was a tall man, with a patch on his eye—he said he knew nothing of him—he was afterwards placed in company with Brosnan at the office—they
appeared to know each other then—he spoke to him—Brosnan had previously been apprehended and discharged—in consequence of information on the following Sunday, I went on the Friday to Mason's house, and saw Brosnan and his wife go into Mason's house, remain there some time, and then come out again—when I apprehended Mason, and told him what it was for, he said he knew nothing of it, but he knew who bad done it—his wife came in at the time, and she said, "Yes, that fellow at the top of the street" (meaning Austin), and Mason said Austin bad done it—Austin's name was mentioned several times by Mason—I told him we had a man named Eastman in custody—he said he knew nothing about him—I asked if he knew him, he had been a porter—he said he knew nothing about him.
Cross-examined by MR. CHAMBERS. Q. Did he not say Austin had towed revenge, and he knew who had done it? A. No, I do not think he did—he said nothing about Austin's expressions of revenge towards him—it was not true that Eastman was in custody—I said so to him, to know if he knew any thing about it—I told a falsehood.
JAMES CHRISTOPHER EVANS . I was present when Mason was apprehended—Fogg said, "Don't you know Milk?"—he said, "No"—I did not hear all that passed—I was searching the room, and went out on the landing—after I had done searching the place I sat down, waiting for Mrs. Mason to come in, and I said, "Well, Mason, don't you know any thing of Mike?"—he said, "Well, I know there is such a man, but I don't know any thing of him."
MR. CHAMBERS called
EDWARD KING . I am warehouseman to Messrs. Price. Mason was in their employ as warehouseman from September 10th, 1840, to September 11th, 1841, this year—he came at six o'clock in the morning precisely, and never left till eight in the evening, except the hour for dinner—there was no other time allowed for meals during the day—it was my business to be in the warehouse, so as to know that he was there—he was the most regular man from his meals that we had on the premises, and he bore one of the very best of characters for honesty.
(William Lindsay, York-street, York-square, Commercial-road; David Roomey, Queen-street, Chelsea; William Francis, Limehouse; Henry Aston, Charles-street, Covent-garden; and George William Rider, Felix-street, Somers town; also deposed to Mason's good character.)
BROSNAN— GUILTY . Aged 47
MASON— GUILTY . Aged 33
Transported for Ten Years.
First Jury, before Mr. Recorder.
GUILTY .— Confined Six Weeks.
NEW COURT.—Saturday, October 30th, 1841.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . *— Transported for Seven Years.
JOSEPH TASSELL . I am shopman to Mr. Charles Fern, of the Commercial-road, a poulterer. On the 25th of October, about one o'clock, I saw the prisoner pass the shop four times, and the fourth time she deliberately took a dead fowl, put it under her shawl, and passed the shop with it—I stopped her, and took it from her.
Cross-examined by MR. PHILLIPS. Q. Did you know her before? A. Yes—the fowl was on a show-board in the window—she said she bad paid half-a-crown for it—she might be a little intoxicated.
(The prisoner received a good character.)
GUILTY . Aged 64.—Recommended to mercy.— Confined One Month.
2735. THOMAS PRICE was indicted for stealing, on the 29th of October, 12lbs. weight of beef, value 5s., the goods of Joseph Hopkins; and CHARLES CRANKSHAW , for feloniously receiving the same, well-knowing it to have been stolen; against the Statute, &c.
JOSEPH HOPKINS . I live in Lumber-court, and am a butcher. I had a piece of beef at my shop yesterday, which weighed twelve pounds—I received information, and missed it—I went out and saw Price in Princes-court, Newport-market—I told him a person had seen him take the beef—he said he knew nothing about it—I brought him to a young man who said in his presence, "That is the man that took the beef, I will swear"—I then took Price to the policeman, and he said, "If you will let me go, I will show you where the beef is"—the policeman went with him, and a little before we got to the house he was going to, Crankshaw came out of the house with the beef under his arm—Price said, "There is the man that took it"—Crankshaw ran off with the beef as fast as he could.
JOHN WILCOX . I live in Tower-street, Seven-dials. At half-past eight o'clock yesterday morning I saw Price coming from towards the prosecutor's shop with a great piece of beef under his arm—a man who is not in custody, was with him—I went and told what I had seen.
Price. I did not take it—a young man ran by me with it. Witness. I saw you with it, and you went to the corner and wrapped it up in a cloth.
WILLIAM BURRET (police-constable F 87.) I was going with Price for him to show me where the beef was, and about twenty yards before we got to the house, Crankshaw came out with the beef under his arm, and ran off—Price said, "There is the man that has got the beef."
Crankshaw. I had no beef—it was a bit of lamb I had. Witness. He had the beef—he ran through a slaughterhouse, and dropped it in the blood-hole—a man pursued and took him—when I was bringing him past the prosecutor's, he got me into the shop, and said he would pay for it.
PRICE— GUILTY . Aged 21.
CRANKSHAW— GUILTY . Aged 29.
Confined Three Months.
2736. WILLIAM FLACKNEY was indicted for stealing, on the 22nd of October, 1 saddle, value 3l.; 1 bridle, value 1l.; 1 set of harness, value 1l.; 2 coats, value 3l. 15s.; 1 pair of breeches, value 10s.; 1 waistcoat, value 10s.; 1 pair of boots, value 1l.; and 1 hat, value 5s.; the goods of Aolph Audy, his master; and WILLIAM POWELL , for receiving 1 saddle, value 3l.; 1 bridle, value 1l.; and 1 set of harness, value 1l.; part of the same, well knowing them to have been stolen; against the Statute, &c.
ADOLPH AUDY (by an interpreter.) I live in Charlotte-street. Flackney was my servant. On or about the 22nd of October, I missed the articles stated—the coat and other articles are now on the prisoner, as his livery.
Cross-examined by MR. DOANE. Q. How long have you known Powell? A. About six months—he is a very respectable person, and is coachman to Mr. Oliverson, whose stable is next to mine—Mr. Eldridge is the landlord of my stable—he has been bail for Powell.
DANIEL RIEBDON (police-sergeant R 23.) I took Flackney at a lodging-house in Woolwich—I told him he was accused of robbing his master—he said he had left the key in the stable, and he did not know any thing of the articles—I found on him 2l. 15s.—on the Monday following I took Powell in Cavendish-mews, which I understood was his place—he said he bought the harness, saddle, and bridle, of Mr. Audy's groom, and gave 2l. 8s. for the saddle and bridle, and 10s. for the harness—he said he gave the saddle and bridle to Mr. M'Evely—I went there and got them—the harness was in a stable which Powell said he had the charge of.
JOHN M'EVELY . I am a saddler, and live in Great Portland-street. I went to Powell and told him I understood that be had a saddle and bridle that I had lent to Mr. Evely—he said if it was mine he would give it up. which he did, and brought it to my place soon after—he said he bought them of Mr. Audy's servant, and gave 2l. 8s. for them—the saddle in worth about 4l.—I know that old harness is generally the perquisite of servants.
Flackney's Defence. My master gave me the harness two months ago—I certainly did sell it to Mr. Powell—I went to Woolwich—it rained, and I could not return that night—I meant to come back next morning.
FLACKNEY— GUILTY .—Recommended to mercy— Confined Six Months.
POWELL— NOT GUILTY .
RICHARD ANDREW TACKLEY . I am in the employ of Mr. Richard Nelson Reeve—he lives in Skinner-street, and is a woollen-draper, I know the prisoner through his being in Mr. Daniels' employ for three or four years—he came to me on the 31st of August, and said he wanted a yard and a quarter of black cloth—that was all he said, and I gave it him supposing he was living with Mr. Daniels—he came again on the 4th of September, and had another article—he came again on the 11th of September, and said he wanted two yards and three-quarters of black cloth, and that Mr. Daniels wanted a good article—I conceived from those words that it was for Mr. Daniels, and in consequence of that, and believing it was for Mr. Daniels, I gave him the two yards and three-quarters of black cloth for Mr. Daniels—I should not have let him have it if he had not said Mr. Daniels wanted a good article.
of going to the prosecutor for me—I did not send him there on the 14th of September for any cloth, and he had no authority from me to get it, or to say that I wanted a good article.
GUILTY . Aged 23.— Confined Nine Months.
MR. BODKIN conducted the Prosecution.
JOHN WRIGHT . I am groom to Mr. Smart, of Park-place—the prisoner was his valet. Last Saturday night I was with the prisoner in my master's kitchen—he was partly intoxicated—I had had no quarrel with him then—(we had had a few words a fortnight before, but it had passed over)—on Saturday night he struck at me twice in the side with a table-knife—it penetrated my clothes, but did not affect my person—I called a police-man, and he was taken—he said before the officer that if he had got the third he would have done for me then—that was in consequence of my saying that he had stabbed at me twice.
BENJAMIN BREWER . I work in the stable. I happened to be in Mr. Smart's kitchen—I saw the prisoner attempt twice to strike the prosecutor—he had not given him any provocation that I heard—I picked up the knife and gave it to the policeman—the prisoner was tipsy.
JAMES SHUTTLEWORTH (police-constable V 144.) I was called in and took the prisoner—I received this knife from Brewer—the point of it is turned, as if by something that resisted it—the prisoner had been drinking, but he walked very well to the station-house—the prosecutor asked him what reason he had for attempting twice to stab him—he said if he had had the third he would have done it then.
Prisoner's Defence. I was in liquor—I did not recollect what I had done till morning.
GUILTY . Aged 30.— Confined One Year.
JACKSON pleaded GUILTY . Aged 30.— Confined Eighteen Months.
JOHN THOMAS . I lodge with Mrs. Thomas, in Hermitage-street, Wapping. I was going into a public-house in East Smithfield on the 27th of September—the prisoners were standing by the side of the door, and one of them either kicked or struck a woman I had with me—I told them I did not like to see a young woman struck—Brown struck me first, and then they were all striking me and kicking me—Jackson came behind me and bit off my under lip—he took it in his mouth and went off with it—I was in the hospital for sixteen days.
Cross-examined by MR. PAYNE. Q. Was there a shipmate of yours there? A. Yes, outside—it was before Jackson bit off my lip that Brown struck and kicked me.
LAWRENCE LEVY . I was at the public-house—I saw the prosecutor and Jackson close, as if they had been fighting, and the prosecutor bawled out "Murder," as loud as he could—I saw Jackson have his teeth closed on the prosecutor's under-lip, and he dragged the lip off—England then kicked the prosecutor in the stomach—Jackson then went away with the prosecutor's lip—Hill and England followed him, and persuaded him to have at
the prosecutor again—Jackson kept the lip in his mouth, and was chewing it as if it had been tobacco—England said to him, "Give it the b—r"—I took England by the arm, and told him to be quiet—he took his knife from his side and said he would give it me in the same fashion—England and Jackson then ran into the dock—I sent for a policeman—he went and brought out Jackson and England—on the way to the station-house I saw England fumbling about the place where his knife was—I told the police-man to be aware of him, as he had got a knife—the policeman found the knife up his sleeve.
THOMAS PONSONBY . I am pot-boy at the public-house. The prosecutor and a young woman came there—there was a young man with the prosecutor—I saw Brown take that young man and put him on a seat in the tap-room—he told him to remain there, or it would be worse for him.
Cross-examined. Q. You did not see Brown strike any body? A. No.
Cross-examined. Q. Did you give Brown into custody when yon met him afterwards? A. Yes—he said he did not ill-use the man, and did not strike any body, but that he took the man into the tap-room.
ENGLAND— GUILTY . Aged 25.— Confined One Year.
HILL— GUILTY . Aged 30.— Confined Nine Months.
BROWN— GUILTY . Aged 25.—Recommended to mercy.— Confined Three Months.
2740. JOHN TOMLINSON was indicted for stealing, on the 16th of September, 1 shawl, value 2l.; 1 piece of handkerchiefs, value 15s.; 1 handkerchief, value 4s.; and 2 1/2 yards of ribbon, value 10d.; the goods of Michael Hall and another, his masters; to which he pleaded
GUILTY .— Confined Four Months.
(The prisoner received a good character.)
2741. WILLIAM LAYEL and HENRY PALMER were indicted for stealing, on the 11th of September, 1 coat, value 2l. 12s.; 9 jackets, value 4l.; 4 waistcoats, value 1l. 18s.; 17 pairs of trowsers, value 7l. 8s.; 72 shirts, value 15l.; 6 woollen shirts, value 1l. 7s.; 12 pairs of drawers, value 1l. 19s.; 14 handkerchiefs, value 1l. 6s.; 6 pairs of breeches, value 6s.; 6 pillow-slips, value 6s.; 6 towels, value 6s.; 1 mattress, value 10s.; 1 pillow, value 3s.; 2 blankets, value 15s.; 1 hammock, value 6s.; 2 pairs of stockings, value 3s. 6d.; 36 pairs of socks, value 1l. 7s.; 1 pair of boots, value 10s.; 4 pairs of shoes, value 1l. 2s.; 5 caps, value 14s. 6d.; 1 pair of mittens, value 1s.; 1 comforter, value 1s. 6d.; and 1 chest, value 16s.; the goods of Joseph Scouler: and JOHN WISEMAN , for feloniously receiving the same, well knowing the same to have been stolen; against the Statute, &c.
The prosecutor did not appear.
NOT GUILTY .
GUILTY of Common Assaults.— Confined Eighteen Months in the Penitentiary.
NOT GUILTY .
NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 79.— Confined Eighteen Months.
NOT GUILTY .
Before Lord Chief Baron Abinger.
2747. CHARLES EDWARD WILSON, HENRY PUTTICK, JOSEPH BEARDMORE , and WILLIAM COLEMAN , were indicted for stealing, on the 12th of September, at Barking, 15 sheep, price 2l., 10s., the property of Daniel May dwell.
MR. DOANE conducted the Prosecution.
WILLIAM HOYLAND MAYDWELL , My father's name is Daniel—he lives at Leatherhead, and has a farm at Ashtead, in Surrey, which is about eighteen miles from town, and about twenty-two from Kingsland. There were 205 sheep in the flock in my father's field—I saw them safe on Wednesday, the 8th of September—I have since seen fifteen sheep in inspector Richardson's possession, which are my father's sheep, and part of the flock that were safe on the night of the 8th—the flock consisted of 152 wethers, forty-one ewes, and eight stag-sheep, and the shepherd, when he counted them, missed four stag-sheep and eleven wethers, and those were found in the inspector's possession—there were two sheep in the flock that had a piece clipped out of the off-ear—one of those sheep are now in the police-inspector's possession, and also a stag-sheep different from any of the flock—it is a little bay-sheep with a tail longer than usual—I could swear to those two sheep being my father's, which were missing.
HENRY CHITTY . I am shepherd to Mr. Maydwell. I saw my master's flock safe on Saturday, the 11th of September—I missed fifteen sheep on the Thursday following, which I have since seen in Richardson's possession—I know them well, and could swear to them.
WILLIAM WITTIN . I am nearly ten years old; I am employed to look after Mr. Maydwell's sheep at Ashstead. On the Sunday before the Thursday on which they were missed. I was in the field where the flock was—I went into the field a little after eight o'clock in the morning, and remained there till six at night—while I was there, the prisoner Beardmore came into the field, between eleven and twelve in the morning—he asked me whether the shepherd would come that night or not—I said, Yes, I dare say he would, he most times did, he then went across to the sheep-fold, where we put the sheep in at night, and looked—he lingered about, and he
was hallooing after another boy named Bill—I did not see any thing of any other boy while he was there—he said nothing more to me about the sheep—when I went home at six o'clock, I left him there—I saw him stopping by the flock, which was near the fold.
Cross-examined by MR. CHAMBERS. Q. Were there any other boys in the field besides you? A. Only my little brother that brought my dinner—he is not eight years old—I did not see Beardmore again till I went down to Ilford gaol—the gaoler took me to him and said, "Is this the lad you saw?"—I said, "Yes, it is."
MR. DOANE. Q. Are yon certain he is the person you had seen on the Sunday? A. Yes, I had never seen him before, but I am sure of him.
EDWARD ROGERS . I am a cooper, and live at Kingsland. On Monday, the 13th of September, between six and seven o'clock in the morning, the prisoner Beardmore came to me—I had seen him before, but did not know his name—he said he had brought fifteen sheep, that he bad taken the liberty to put them in my field, and that Mr. Wilson would be with me by and-by, in the course of the day—I knew Wilson before—he had a mare and foal in my field in the summer time—I had known Beardmore some time before, as being a servant boy to Wilson—Wilson is a dealer in marine-stores, bones, rags, and so on—Beardmore then went away—Wilson called on me in the afternoon, between one and five o'clock—I had not seen the fifteen sheep before he came—Wilson asked me if I would let them remain in the field, and what I would charge him for them—I said we should not fall out about the price, as keep was very little now, he might let them remain there as long he liked—he said, "I don't know whether I shall kill them or sell them"—nothing was said about the distance they had come—Beard-more had said the sheep were tired when they came in—after the conversation with Wilson I saw the fifteen sheep in the field—no time was specified between me and Wilson that the sheep were to remain there—he might have let them lay a day or a month—they were there till the following Friday evening, and on Saturday morning, at nine o'clock, I found they were gone—Wilson had told me again on Friday that he did not know whether he should kill them or sell them—he had tried to sell them during the week—he said several persons had come to buy them—I had seen him, I think, every day between the Monday and Friday—he asked if I knew of any one that would buy the sheep—he did not tell me on Friday that he was going to take them away—I cannot say that I was surprised to find them gone—he had a right to take them away if he liked—I did not see him again till the Sunday following, which was the 19th—the police had come to me about it, and I sent to let Wilson know, and he came down about it.
Cross-examined by MR. PHILLIPS. Q. You sent to let Wilson know that the police had come? A. That the police had called on me about some sheep—I went with the policeman to his house, and he was not at home, but I left a message with Mrs. Wilson, and about three o'clock he came to my house, and was taken—his son came with him.
WILLIAM RIDLEY . I live at Barking-side, Essex, and am a labouring man. The prisoner Wilson came to me on Saturday, the 18th of September, about ten minutes past six o'clock in the morning—he knocked me up—I came down and found him standing in the yard in front of my door—he said, "I don't think you know me?"—I said, "No, I do not, sir"—he
said, "Well, I thought you did not; do you recollect a man at the Maypole public-house at the time a boy was misused?"—I said, "Yes"—he said, "Well, I am the man"—I then recollected him by sight—he then asked whether I had got accommodation to lodge fifteen sheep for three or four days, till Romford market came on—I said I had not, but recommended him to an old lady named Stringer, and I went there with him—on our way I saw the fifteen sheep standing in the road, and passed them—the prisoners Beardmore and Coleman were with them—Coleman had on a brown short coat, and there was a very large black dog with him, with a white face, what is called a sheep-dog—Coleman managed the dog—I afterwards saw the sheep driven into Mrs. Stringer's field, as I was standing in the road—String's field is about nine miles and three quarters from Whitechapel church—after the sheep were put in the field, we went to the Chequers, and had two pints of half-and-half—I saw all the four prisoners there—Puttick was in the beer-shop when we went in.
Cross-examined by MR. CHAMBERS. Q. Did they all go into the beer-shop? A. The three went in, and Puttick was there when they went in—the sheep were then in Stringer's field—before they were put there, Beardmore and Coleman minded them, whilst Wilson was talking to me.
Cross-examined by MR. PAYNE. Q. All you saw Coleman do was to mind the sheep, and assist in driving them with the dog? A. Yes, that is all.
ALLEN STRINGER . I am a farmer, living at Barking-side. Kidley came to me with Wilson about these sheep—I gave him permission for them to be in my field—I did not see them myself, but they were afterwards taken from the same field—there were no other sheep in that field, or in that neighbourhood.
WILLIAM RICHARDSON . I am a police-inspector. In consequence of information I went to Barking-side on the 18th of September, and found fifteen sheep in Stringer's field—I afterwards showed those fifteen sheep to Mr. Maydwell's son, and the shepherd.
ROBERT LAUDERDALE (police-constable K 344.) I was on the road near Barking-side on the 18th of September, and saw fifteen sheep, and Wilson, Beardmore, and Coleman with them—they were coming from Ilford, towards where Mr. Stringer lives—I also saw a cart, and a man riding in it—I cannot swear who that man was—he held his head down, so that I could not see his face—I asked Wilson if he was one of the men that was stopped with the horse and cart—he said he was (I had had information that a cart had been stopped by the road side) I said, "Are you not going towards London with the sheep?"—he said not, he had bought them at Brentwood, and was going to leave them with a friend for a few days—we then walked on together—he complained of not being well, and said he had left Brentwood at twelve o'clock at night, and was going to leave them with a friend who lived by the side of old Fairlop Oak, till Romford market-day.
JOHN WOOD . I am a policeman. I was in the road near Barking-side on the morning of the 18th, and saw Wilson a little distance before the sheep, Puttick was in a cart behind Wilson, and Beardmore and Coleman behind the cart—the sheep were before the cart.
where Wilson keeps a marine store-shop—I did not find him there—I found him at Rogers's, at Kingsland, and took him into custody there, on Sunday, the 19th of September—I told him there were fifteen sheep stopped at Ilford, and that he was the party described as being with them at the time they were stopped—he said he bought them of a man named William Jones, a drover, in Smithfield, on the Monday previous, for 15l. 10s.
JOHN ANDERSON . I am Governor of the House of Correction at Ilford—I had the custody of the prisoners. On Wednesday, the 6th of October, a letter was brought to me by one of my officers, who is not here—in consequence of what he said, I took the letter in my hand and went to the prisoners—they were all present—on my entering the yard, Wilson addressed me, and said, "I am very sorry about that letter, sir; I am afraid it will do me serious injury; I was not aware that such a letter had been written, and it will do me more harm than all the money I am now paying will do me good."
COURT. Q. How do you know what letter he was speaking of? A. They were aware, the day before, that this letter had been intercepted, and that it was in my possession—I did not see any of them the day before to mention it—I heard nothing about it from them the day before, but there was no other letter in question—I had this letter in my book in my hand—I pulled it out—I did not show it to them—I kept it in my hand—I said, I must show it to the Magistrate—Wilson said to Coleman, "You had no business to write it at all, you had no business to do suck a thing"—Coleman said, "I cut my finger here (pointing to his hand) and wrote it, but not with the knowledge of Wilson or Beardmore, but I wrote it from overhearing a conversation between them"—it is written in blood—Wilson said, "If it dropped from my pocket I am sure I was not aware of it, I must have taken it up with my handkerchief"—I had said nothing about its being dropped from his pocket—Puttick said, "I was not aware of it"—that was all that passed—I had no other letter brought to me—I went to them in consequence of a message I had received.
Letter read—"My dear father and mother, I hope you will get three or four persons to say that I was at home on the 12th of September—to say that you had a party there to dinner, and say that I got up on Monday morning, I got up at five o'clock with you on the Monday morning, the 13th, and went to Smithfield to look for a place. My dear Margaret, go to that man that I had the dogs of, ask him to come and say that he was there at dinner; let my father see him; there is only against me a boy ten years old: dear father, be sure and get these persons, it will do me more good than anything."
Cross-examined by MR. PAYNE. Q. Can all the prisoners write, do you know? A. I am not aware that they can—they have given in that only one can write, and that is Coleman—my impression is that only one can write—according to our prison regulations we are obliged to put down who can write—the letter is not addressed to anybody.
MR. PAYNE called
WILLIAM LINTON . I am a hair-dresser, and live in Smithfield. I have known Coleman from a child, and always considered him honest—I know his father—he has no mother, I attended at her funeral, I think two years ago—I have not seen Ms father lately, perhaps for a month—I believe he is married again—I have heard so, but cannot speak positively.
Cross-examined by MR. DOANE. Q. What is the prisoner? A. He has got his living by fulfilling situations as waiter, but latterly he has taken to driving sheep—I have known him driving sheep occasionally in the market—I have never seen a dog with him.
(Thomas Negus, a baker, Whitecross-street; John Smith, licensed-victualler, Lower Whitecross-street; and Daniel Hammond, beer-shop-keeper, Upper Whitecross-street; deposed to Wilson's good character.)
WILSON— GUILTY . Aged 35.— Transported for Fifteen Years.
BEARDMORE— GUILTY .** Aged 17.— Transported for Fifteen Years.
COLEMAN— GUILTY . Aged 17—Recommended to mercy.— Confined Twelve Months.
PUTTICK— NOT GUILTY .
(There was another indictment against Wilson for a like offence.)
Before Mr. Sergeant Arabin.
2748. WILLIAM JAMES was indicted for breaking and entering the dwelling-house of John King, on the 9th of September, at West-ham, and stealing therein, 1 coat, value 3l.; 1 spoon, value 2s.; 2 handkerchiefs, value 3s.; the goods of John King: and 2 pencil-cases, value 2s. 6d.; 1 punch-ladle, value 3s.; 1 ring, value 3s.; and 1 handkerchief, value 2s.,; the goods of John Bacon.
JOHN KING . I worked on the North Eastern Railway, and live at Westham—I lived in the house, and paid rent for it. On the 9th of September I went out at a quarter-past eight o'clock in the evening—all the fastenings were complete—there was nobody left in the house—I locked my street-door, and took my key with me—I left my property all secure, and amongst it the property stated in the indictment—I was out all night, and returned at six on the following morning—I found my property had been removed, and almost all my things tied up in a bundle—every drawer and box had been broken, every thing taken out and packed up in one large bag, which was against my street-door, and my umbrella close to it, all close to the door, prepared to be carried away—I found in the bag the articles stated in the indictment—John Bacon had lodged with me, but he was then gone, and had left his things in my care—I suppose the person who had got in my house had had a picklock key—I am quite sure I had locked my door—the value of my articles and Bacon's was about 5l.—I had not been in the least acquainted with the prisoner, and he had no right or reason to come to my house.
ELIZABETH HEDGES . I live next door to the prosecutor. On Tuesday, the 7th of September, I saw the prisoner near the prosecutor's house, about half-past one o'clock in the day—he was at that time a stranger to me—I went to my own door by accident, and he was standing on the curb, outside Mr. King's door—I told him Mr. King was not at home—he walked up towards my door, and said, "Can you tell me what time he will be at home?"—I said, "I do not exactly know, I will ask"—I asked Mrs. Hastings, and she said Mr. King was at home—I then told the prisoner Mr. King was at home, and to go and knock—he knocked twice—Mrs. Simpson then said Mr. King was gone to bed—the prisoner said, "Ah, poor fellow, I will let him have his nap out, and call again in half-an-hour"—on Thursday evening, the 9th, about twenty minutes after nine, I saw the prisoner again—I was standing by my own door, and saw his head peep
out—it rather alarmed me—I still kept my standing, and I saw it again—I went and knocked at Mr. Simpson's door—I said, "Do come out. here is some one peeping round the corner, at Mr. King's"—Mrs. Simpson came to the door with a light—the prisoner then came out of Mr. King's door, and said "Good night," as if he was speaking to Mr. King in the house—he then passed, and I said, "That is the man that came to King on Tuesday"—he must have heard me say that—he then went up the street, and stopped at Mr. Matthews's grating—he looked to see if we proceeded any further, and when he found we were making a disturbance, he went off out of the street—Mr. Simpson got the policeman, and they broke the door open, and there we saw these things—the prisoner passed me quite close—I swear positively he is the man who came out of that house that night, and whom I had seen on the Tuesday—I did not hear Mr. King's door open or shut till the prisoner came out—I was in my own house when he went in.
Prisoner. Q. Where was you when you saw the person you say was me, peeping round the corner? A. By my own door—I saw your head, it disappeared, and came the second time—I had seen Mr. King go out to work, and wished him good night—it was a dark night—there are no lamps there—I was by Mrs. Simpson's door when you shut Mr. King's door.
COURT. Q. Do you believe he is the man that was peeping? A. Yes—I am quite sure he is the man who asked me the questions on the Tuesday, and that came out of the house that night—we passed close to me—Mrs. Simpson had a candle.
NAOMI SIMPSON . I am the wife of Theophilus Simpson, a carpenter; I live next door to Mr. King. I heard Mrs. Hedges speak to the prisoner on the Tuesday, and I spoke to him—I am quite sure the prisoner is the man—I was sitting with my front door open—I came to the door, and said, "Mr. King is at home"—the prisoner said, "Poor man, let him have his nap out, I will come again in half-an-hour"—I sat with my door open, and he did not come—on the Thursday night I saw him again, about nine o'clock—I heard the clock strike—I had been at home twenty-five minutes or half-an-hour when Mrs. Hedges knocked at my door—I brought the candle, and I saw the prisoner—I held the candle in his face—he came out of Mr. King's door—I saw him come out, and he said "Good night"—I swear he is the same person I saw on the Tuesday—he passed so close to me on Thursday night that I could have touched him, and I knew then that he was the man I saw on Tuesday—he went up the street to Mr. Matthews's, and then turned round to see whether we proceeded any further—we were then knocking at the door, and the prisoner went away—. the door easily opened, and the things were tied up as has been described.
Prisoner. Q. Where were you standing when the person you say was me was coming from the prosecutor's house? A. On the step of my own door—I did not tell the Magistrate I was alarmed, and I was not—you put your hand up, and drew it down your face, I suppose to couceal it—Mrs. Hedges was standing close by me.
JANE HASTINGS . I live at No. 4 in that street. I remember, on the Tuesday, seeing the prisoner talking to my neighbour, Mrs. Hedges—I told him I thought Mr. King was at home—he said he would not disturb him, he would let him have his nap out, and call again in half-an-bour—on the Thursday I saw the same man again—I am positive he is the same
man—I heard Mr. King's door shut about twenty-five minutes past nine o'clock—I and my husband were standing at our door—the prisoner passed us, and I said to my husband, "That is the same man who came down for Mr. King on Tuesday, and he is now come out of his house."
Prisoner. Q. How far from his house do you live? A. I live at No. 4, and his is No. 10—I heard the door close, and in two or three minutes you came past—the night was very dark—we had two lights in our room—my husband had been writing at a desk, and he then stood at his door with a pipe—you then went and stood at Mr. Matthews's.
JOHN RIVINGTON (police-constable K 336.) On the 9th of September I was called to the prosecutor's house about half-past nine o'clock—I found a great quantity of wearing-apparel packed up in this bag—the chest of drawers and several boxes had been broken open—the whole of the things taken out and packed up ready to be carried out—the box into which the catch of the door went, appeared to have been slightly cracked—I applied my knee to the door, and it easily opened—I could not say whether a key had been used or not—the articles were owned by the prosecutor—they are not in Court now.
Prisoner. Q. Did yon lose any thing? A. Yes, a coat, two handkerchiefs, and some other things of mine, and what belonged to my wife.
JOHN BACON . I lodged at Mr. King's—I left some of my things there—I heard of this about half-past five o'clock the next morning, as I was working at Hornsey—I had left my things at Mr. King's, in a box which had been forced open—I saw the things that were found—part of them were mine, and had been safe on the Monday morning when I went away—they were worth 2l.
Prisoner's Defence. I stand here innocent of the charge, and must throw myself on your mercy.
GUILTY .* Aged 36.— Transported for Fifteen Years.
Before Mr. Sergeant Arabin.
2749. JAMES GREEN was indicted for stealing, on the 6th of October, at Greenwich, 2 breast pins and chain, value 17s.; 2 other breast pins and chains, value 12s.; 2 other breast pins and chain, value 13s.; and 10 other breast pins and chains; the goods of George Fielding, in his dwelling-house; to which he pleaded
GUILTY .* Aged 25.— Transported for Ten Years.
Before Mr. Baron Gurney.
MR. PAYNE conducted the Prosecution.
—he was about seventy-two or seventy-three years old—about three weeks before the Coroner's Inquest I attended him for ill health—that illness, I should say, had nothing to do with his death. On Saturday morning, the 18th of September, between five and six o'clock, I was called to see him, by Conner, the policeman—I went to his house and saw him—he was dead, but not cold—I thought he had been dead about two or three hours—I made an external examination of him then, and found a cut on the right eye, with ecchymosis, which is coagulated blood, and an abrasion on the right temple, with contusion, and a bruise on the left eye, a slight cut on the lower jaw, just below the eye, and he was bleeding slightly from the mouth—that blood came from the head—some internal injury in the head produced it—I afterwards made a post-mortem examination with Mr. Atkins—I found extravasated blood between the membranes of the brain, and coagulated blood at the base of the brain, the middle hemisphere of the brain highly inflamed, and a quantity of bloody serum in the left lateral verticle of the brain—those symptoms were quite sufficient to account for death—there was blood on the pillow—these symptoms were produced by some external injuries—I should say a blow or fall, or blows and falls, would account for it—if blows were inflicted a few days before, there would have been the same appearances—he was in bed lying on his left side.
Cross-examined by MR. PHILLIPS. Q. Might the injury have existed some days? A. It might—I think it was so—I do not think drink had any thing to do with the complaint I had attended him for before—the second day I called he was out and well—he bad been drinking—he was an intemperate man, and I have no doubt his excesses would accelerate this.
Q. Would not excess in a person of his age be very likely to produce apoplexy? A. Not in a subject like him—he was intemperate, but for years he was in the habit of carrying a very heavy weight on his head, (fish,) and if he had a tendency to apoplexy, that weight might accelerate it very much, but it did not in this case—I do not know whether he had left off carrying those weights—he was a fishmonger by business—the cut on the right temple was not trifling—the abrasion was slight, but the contusion was severe—it was discoloured slightly.
COURT. Q. When there is effusion on the brain, this coagulated blood, it is likely to produce insensibility, is it not? A. It is likely to produce death—it would produce immediate death—that might result from injuries inflicted days before.
BENJAMIN LOVELL (police-sergeant R 15.) I knew the deceased perfectly well for ten or twelve years, and knew his wife, the female prisoner—they were married about two months ago—before they were married, the prisoner Eustace lived in the house with the deceased, and after he used to go backwards and forwards to the wife—I have repeatedly seen Eustace there when the old man, the deceased, was there—a fortnight or three weeks before his death I saw Eustace knock him down in his own house, in the female prisoner's presence—they were both of them very drunk at the time—in fact, all three of them were, wife and all—they were hardly ever sober—the deceased ordered Eustace out of the house—the female prisoner said he should stop as long as she thought proper—I heard no more at that time—on Saturday night, the 11th of September, about half-past twelve o'clock, I was on duty in King-street, where they lived, and in passing the house I heard the deceased order Eustace out of the house—the female prisoner said, "You old b—, he shan't go till
I like; I have spent one 15l. on him, and I shall spend another, he is your master;" and then I heard a fall—the door was shut—I did not go in, and there being a disturbance up the street, in Barnes-alley, I went up there—about ten minutes after I saw the two prisoners coming up—I asked where they were going—they said it was all right—I said, "You shall go back, for it is my opinion you have killed the old man, or something"—Eustace then ran away—I laid hold of the female prisoner, and took her back to the house.—the door was wide open, find the deceased lying on the floor on his face, in his shirt—I said, "Beckwith, what is the matter?"—he went by the name of Beckwith—he said, "That d—Dick, the bricklayer, has knocked me down, and robbed me of my watch"—I helped to get him up, and told his wife to lead him up stairs, and I pulled the door after me—she was drunk at the time, and so was he, and Eustace was not sober—on the Thursday morning, between two and three o'clock, I was there again—there was a disturbance—Eustace was there, and the female prisoner, and a young fellow they call Kirew, Sarah Myddleton, one Godfrey was lying drunk behind the door—they were all drunk together, reeling about—the deceased put his head out of window and called "Police"—I asked what was the matter—he said he wanted to get the bricklayer out of his house—Kirew said, "He is not here, old gentleman; go to bed"—he came down stairs, and there was a piece of work there—I could not see whether there was any violence committed—I was outside—about four o'clock on Saturday morning, the 18th, I saw old Mrs. Myddleton, a young girl named Myddleton, and Godfrey standing at the door I walked by—about half an hour after, I came back again, and the same three were at the door—the female prisoner was sitting inside the door, which was open—she must have heard what I said—I said, "I suppose your copper is hot, which made you rise so early?"—Sarah Myddleton said, "You will hear in the course of the day what is the cause of our getting up so soon"—I said, "I suppose I shall hear the old man is dead, or somebody has killed him"—she said, "He is gone"—I said, "Where is he gone to?"—she said, "He is no more"—I said, "You don't mean to say he is dead?"—she said, "Yes, he is"—I asked her what medical gentleman she sent for—she said, "None"—I went inside and asked the female prisoner whether he was dead—she said, "Yes, she found him dead at three o'clock in the morning, by her side"—I said, "What is the reason you did not tell me when I went by an hour ago, that I might send for a medical gentleman?"—she said she was so much flurried she did not know what she was doing—I went up stairs and found him dead, with two black eyes, a cut under the right eye, and blood running out of his mouth on the pillow, and a bruise on the right temple.
Cross-examined by MR. PHILLIPS. Q. Was not the deceased very often drunk? A. I do not know that he was hardly sober one night in a week—there were sometimes eight or ten of them drunk there together—he was drunk before his marriage, but not so bad since.
MR. PAYNE. Q. Were the persons there relations of the wife? A. Yes; they called them aunts and cousins—they all pretended to be relations—the females were, but not the men.
WILLIAM HIGHLAND . I am a waterman's apprentice, living at Deptford; I have known the deceased some years. On Monday, the 13th of September, old Hazard and his wife, Eustace, and some others, went down to Greenwich in my boat—they drank a good deal in coming back—a few
miles on the road I got a tow up at the stern of a hatch-boat, and Mary Hazard fell overboard—I did not see how she got overboard, because I was on board the hatch-boat—she was got into the boat again by Eustace, myself, and Godfrey—I heard Elizabeth Myddleton say, in the deceased's presence, that he had put his hand over, and knocked her overboard—he made no answer to that, that I heard—after she was got into the boat again I saw Eustace strike the deceased twice, once in the eye, but I do not know where the other blow was, it was in the face—the blow in the eye produced a cut, and it bled for about an hour and a half—the female prisoner also struck the deceased, and knocked his hat overboard—I was quite sober.
COURT. Q. All the rest were drunk? A. No; Eustace was sober, and so was Godfrey and Elizabeth Myddleton.
Cross-examined. Q. I believe Hazard and the deceased were drunk? A. Yes, both.
JOHN TAYLOR . I live at No. 2, Old King-street, Deptford, right opposite the deceased's house. Eustace used to live with the old man—I think he had been married about six or eight weeks, and the female prisoner had been away for seven or eight days—she came home in the afternoon—the old man was up stairs—she knocked at the door—he came and looked out at the up stairs window, and said, "You have been away about a week, therefore go where you have come from, you shan't come into my premises any more"—she went and brought a chopper, which she borrowed at a house three doors off, and tried to break open the door—she could not—she then went and fetched Eustace out of the public-house, and he knocked at the door two or three times—the deceased looked out and said, "You shan't come here"—Eustace said, "I want my clothes; if you don't let me in, I will break your door open"—the deceased said, "You shan't come in, and you dare not break my door open"—they went away—shortly after I saw somebody up stairs—they must have got over the back way, but they had got in—I saw the deceased come to the window—I never saw the female prisoner strike him in my life—on the Friday before the deceased was found dead, at six o'clock in the morning, I opened my shutters, went outside the door to put the shutters back, and heard somebody rattling at the old man's door—I went across the road and said, "Stop a bit, I will let you out"—I took a toggle out of the door, and Eustace came to the door—I said, "Why, you were locked in"—he said, "Yes, did you open it?"—I said, "Yes"—he said, "Thank you"—the deceased then came down and said to Eustace, "Dick, what do you do in my premises?"—Eustace said, "I have a right here"—he said, "What right have you here? I have ordered you never to enter my door"—Eusstace said, "I have come for my tools"—the deceased said, "D—n your tools, you have no tools here; what do you do here?"—Eustace came out tying his handkerchief round his neck—he did nothing to him—I never saw either of the prisoners strike the deceased in my life.
CHARLES GODFREY . I am a wood-sawyer, and live in King-street, Deptford. I knew the deceased, and was often in his house—I saw no violence committed on the deceased only in the boat—I did not see who put the woman overboard—the deceased and his wife quarrelled a good deal at times.
Cross-examined. Q. You saw the woman taken out of the water? A. Yes—I did not see her go overboard, I was in the vessel at the time—I saw her overboard—she was saved by the young woman catching hold of
her petticoats—the old man fell down in the boat—I do not think he hurt himself.
THOMAS WATSON . I am a mariner, and live in King-street, opposite the deceased's house. I remember seeing him at the window, covered with blood, about three weeks before his death—I had not heard any thing before I saw him at the window—he called out when he was at the window in a gore of blood that he wanted assistance, as well as he could call, but it was a weakly call—it was between three and four o'clock in the afternoon—I did not go to the house—I was ill at the time—I did not see any body in the house with him—he was naked, in his shirt—he got out of window nearly an hour after, and went up the street, and Eustace and the female prisoner came down the street after that—I have seen them together in the old man's house time after time—I have not heard the old man call for help when they have been in the house.
COURT. Q. A few days before his death, did you hear him accuse either of them with any thing? A. Yes; between sis and seven o'clock in the evening I heard him draw his chest along the floor, and say, "You have been and broken open my chest, and robbed me, and taken my clothes and money out"—at that time Eustace and his wife ran up stairs, and when they came up stairs he said, "You have taken my money and clothes, you b—old b—;" they said, "If you say such a word I will take your life"—both of them said so—after that I heard the lid of a chest or box slammed down—there have constantly been noises and quarrels in the house—we sent for a policeman, and a constable; as we could not get a policeman, a constable came, but did not go into the house.
Cross-examined. Q. Used not the house to be frequented by a great many people constantly going in, and carousing there? A. Yes; there were constantly people going in and out—I have constantly heard row there; but I have another thing to say, on the Friday morning before the deceased was found dead, I got up just after six o'clock; Taylor came down stairs before me; I heard a shaking over at the house; I came to my window, and saw a toggle in the door, which used to be put there to keep the prisoners from breaking in; I saw Eustace come out at a quarter after six that morning—the woman was in the house at that time—I did not see or hear any thing take place from either of the prisoners to the old man, only sending for liquor in a bottle.
RICHARD FOWLES . I am a waterman at Deptford, and live exactly opposite the deceased's house. I remember when the old man married this young woman—since that I have heard nothing in the house but continual rows and bad language—on the Thursday before he died I heard him say, "He (Eustace) shan't be here;" and the female prisoner told him to be b—d, and called him a b—old snot, and told him to go to h—1—I have never heard the sound of any blows or falls—I do not remember the female prisoner shoving the window up—I told Mr. Taylor that Mr. Carter had taken my evidence down wrong—I did not hear any row in the house that day, I did in the night—I do not recollect any body shoving the window up—I heard loud words, and a rumbling about, but I do not know whether it was blows struck—there was a great deal of disturbance.
NOT GUILTY .
2751. GEORGE BARNES was indicted for stealing, on the 21st of October, 1 copper, value 1l., the goods of John Willet Williams, being fixed to a building; and EDWARD TOWERS , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.: to which
BARNES pleaded GUILTY .— Confined Six Months.
JOHN CARPENTER . I am a policeman. On Thursday, about half-past two o'clock, I received information of the copper having been stolen—from that information, and from my own suspicions, I came to town, and in the Borough I overtook the prisoner Towers' carriers-cart—it was standing still when I first saw it, and a young man named Cole was in it—in about a quarter of an hour Towers came to the cart, got into it, and drove over London-bridge—he stopped at a public-house, and got down, but took nothing out—he then got up again, and drove direct to White-street, Cutler-street, Hounds-ditch, to a marine store-shop—he got down from the cart there, and went in—he returned in four or five minutes, and said something which I did not hear to Cole, who was in the cart, upon which Cole handed him a hamper, which Towers took on his shoulder, and carried into the marine store-shop—I directly went into the shop, and found Towers in the act of taking the copper out of a sack out of the hamper, and the marine store-dealer was preparing the scales to weigh it—I said, "This is what I was looking after"—I stopped it, and took Towers in custody to Bishopsgate-street station—he there said he had bought the copper of two boys, named Barnes and Cole, for 7s.—I took him to Greenwich station, and when the Inspector was booking the charge there, he said he had had the copper of the two boys, Barnes and Cole, and he had given them 1s. on account, and he was to give them half what the copper fetched, after he had taken it to London and sold it—my brother constable apprehended Barnes, and on the following morning as I was taking him from Lee to Greenwich, he asked if Cole was come home with the cart—I said, "I don't know, why?"—he said, "I shall tell the truth about it"—I said, "Mind, whatever you may say to me will appear, and be said again in a court of justice"—he said, "I don't care, I shall tell the truth"—he said that Towers had sent for him to his father's, saying he wanted to speak to him, and when he went, he asked him to assist in lifting a heavy tub, and afterwards asked him to go and get Mr. Williams' copper, as he was going to town, and he wanted a little money, and that Towers gave him some warm beer—he afterwards said he went into the place, got the copper, put it into a sack, and carried it into Towers' stable, where it was packed in a hamper, and taken off to London—he said that another party, named Cole, was with him; that Towers asked him and Cole to go.
Cross-examined by MR. BALLANTINE. Q. Is Cole the person who has been a witness in two preceding cases in this Court? A. Yes.
COURT. Q. Are there marine store-dealers at Deptford? A. Yes, a great many persons deal in copper there—I never knew Towers to deal in copper.
(Property produced and sworn to.)
TOWERS— NOT GUILTY .
Before Mr. Common Sergeant.
JOHN RATCLIFFE . I am servant to Mr. Samuel William Brown, a surgeon, at Lewisham. On the 24th of September, at half-past three o'clock, I saw the prisoner go into the surgery and come out—I thought the assistant was there—about a quarter of an hour after the scissors were missed from the surgery counter—I know the name on them—these produced are my master's.
Prisoner's Defence. I found them on the side of the road.
GUILTY . Aged 23.— Confined Four Months.
2753. EDWARD COX was indicted for stealing, on the 22nd of September, 1 reticule, value 2s.; 1 handkerchief, value 6d.; 3 half-crowns, 6 shillings, 1 groat, and 1 halfpenny, the property of Ann Bartholomew, from her person.
ANN BARTHOLOMEW . I am single, and live at Mothingham, in Kent. About half-past two o'clock on the 22nd of September, I was on the racecourse at Eltham, looking at some shows, I felt some one cutting my bag, I looked down and saw a man's hand pass from it—my bag went—it contained three half-crowns, six shillings, a fourpenny piece, and a halfpenny—I picked the bag up behind the prisoner, and a knife—this is my bag, and the money in it.
Cross-examined by MR. PAYNE. Q. What were you looking at? A. The amusements—there were a good many other persons looking—Harris was with me, I had hold of his left arm—I told the prisoner he had got my bag—he said he had not—on that Harris turned round—I turned directly I felt it gone.
Cross-examined. Q. What are you? A. A blacksmith—I am keeping company with Miss Bartholomew—I swear I saw the bag drop from the prisoner's hand—I and the prisoner went fifty or sixty yards before I found a policeman, and he denied all along that he had taken the bag.
JURY. Q. At the time you say he dropped the bag, was there any person so near that you could have been mistaken? A. There were several persons standing with him—I am not mistaken—I was standing outside the ring—there were a great many persons standing all round us.
COURT. Q. Did you seize the hand? A. I seized him by the collar as soon as I saw the bag drop—he was standing behind me.
(The prisoner received a good character.)
GUILTY . Aged 30.— Confined Three Months.
2754. MARY LOCK and GEORGE BARKER were indicted for stealing, on the 18th of October, 1 purse, value 3d.; 1 half-crown, and 11 shillings; the property of Christopher Pitcher, from the person of Catherine Pitcher.
in Warwick-street, Woolwich. I went to Charlton fair on the 18th of October, with Catherine Potter—I was looking at a show about two o'clock in the afternoon—while I was looking at the horsemanship I saw Lock at the side of us—she lifted up my gown, and then took my purse out of my pocket—it was safe there before—there was 12s. 6d. in it—Barker stood aside us, with another man, and Lock was in the middle of the two—they all then went away together—when I went through the booth Barker said how dare I accuse his wife—I had charged both of them—the two men pushed me, while Lock got away—she ran off.
Cross-examined by MR. PAYNE. Q. Your attention was very much directed to the horsemanship, was it not? A. Yes—mine was a light-coloured purse—I did not get it again—my friend was on my right side—there were a good many other persons there—I never saw Lock before—I had been in the fair about five minutes.
CATHERINE POTTER . I live at Woolwich. I was in company with the prosecutrix—directly we went into the fair we stood at the bottom of the fair—the crowd was in front of us—Lock went in front of us, and looked in both our faces—she came and placed herself on the side of me—Barker was on one side of Lock, and the other man on the other—the prosecutrix's gown was lifted up—I did not see Lock lift it up, but she stood close to me, so that no one could do it but her—she was covered in between the two men, so that no one could see what her hand did—the prosecutrix felt something, and put her hand down to her side, and her purse was there, but the moment after the gown was lined up the purse was gone, and the prisoners escaped.
Cross-examined. Q. Did you speak to Lock? A. No—my husband is a labourer—there were not many persons near us—these were the nearest—I did not see the purse in the prosecutrix's pocket—I had not seen it all day—there were persons in front of me.
GEORGE BEASON (police-constable R 289.) I was on duty—I saw the two prisoners, and a tall man with them—I saw Barker first in a brown top coat, and the other man had on a Taglioni coat—they appeared to have changed coats that morning—I saw Lock go to Barker and give him a light-coloured purse—I did not search them till they got to the station.
Cross-examined. Q. About what time was this? A. A little after two o'clock—I saw the prosecutrix, and shortly after the prisoners left the place where they had been standing—the prosecutrix came to me after the purse had been handed—I did not take them into custody then—I did not take Lock at all—they got away while I asked two other ladies whether they had lost any thing—the purse has not been found.
Barker. Q. If you had suspicion why did you not apprehend us? A. You had got too far off while I spoke to two ladies in black.
LOCK— GUILTY . Aged 19.— Confined Six Months.
BARKER*— GUILTY . Aged 27.— Transported for Ten Years.
GUILTY . Aged 23.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
NEVIL SMART . I am clerk to Messrs. William Hickling Burnett and another. The prisoner Rainsbury was brought into my office on the 12th of October with a bundle of rope which he had been cutting from the timber—it was my employers.
JOHN WOOD . I am a carpenter, living in Crossfield-lane, Deptford, with my father. On the afternoon of the 12th of October I was standing on the Creek-bridge, and saw the three prisoners come on the rafts of timber—Rainsbury and Short were cutting the rope, which was round the timber—Leonard was standing looking on, and as they cut it they gave it to him—he placed it in the mud by itself—I am sure of that—some boys went and told one of Mr. Burnett's men—he came and caught Rainsbury.
WILLIAM ROBINSON . I received information, and went round the Creek—I saw Rainsbury kneeling down on the timber with a knife in his hand—Short was a little distance off with his hands in his pocket—I did not recognise Leonard—he ran away.
JAMES CONNER (police-constable R 62.) I took Rainsbury with this bundle of rope alongside of him—I asked the reason he had done so—he said he was out of employ, and had done it for a living—the other two got away—I went and took Leonard.
RAINSBURY*— GUILTY . Aged 16.— Transported for Seven Years.—Ship.
SHORT*— GUILTY . Aged 17.— Confined Nine Months.
LEONARD*— GUILTY . Aged 17.— Transported for Seven Years.—Convict Ship.
JAMES LUMSDEN . I am a gunner, and driver in the Royal Artillery at Woolwich. The prisoner was lodging in the same house with me, just above me—I left my room at half-past five o'clock on the 29th of September—I wound my watch up, and left it there—I missed it next day—this now produced is it—I have not got the seals, or any thing else.
Cross-examined by MR. BALLANTINE. Q. Where were you lodging? A. Just above Moon-place, in Woolwich—it is a lodging-house—it was all full, and there were several other women lodgers—they are all soldiers' wives—they came backwards and forwards as much as this woman—I always thought her honest—the Magistrate bound her over, and she has surrendered.
Cross-examined. Q. How long have you been in Mr. Moore's employ? A. About seven months—we have a good many persons come to our shop—I do not remember all of them—I do not know that I had ever seen the prisoner before—I had some conversation with her—we ask them the necessary questions—I was at the office—that was the first time I saw her after the pawning—I described her to the policeman, and he brought two women—I did not know the other.
NOT GUILTY .
CHARLES SHERMAN . I am a milkman, living at Lewisham, in Kent—the prisoner was in my employ as milk-boy. If he received money it was his duty to pay me every morning and afternoon—if he received on the 27th of September 1s. 1 1/2 d. he has not paid me—I am sure of that—I looked at my books.
Cross-examined by MR. PHILLIPS. Q. Are you married? A. Yes—my wife receives money if I am not at home, but when I come home I book it—I will take the prisoner hack if he is discharged.
GUILTY . Aged 16.— Confined Seven Days.
2759. JOHN LEWIS EDWARDS and ANN EDWARDS were indicted for stealing, on the 22nd of September, 1 shawl, value 1l.; 1 shift, value 5s.; 1 petticoat, value 3s.; 2 napkins, value 2s.; 1 pair of shoes, value 5s.; 5 bottles, value 6s.; 1 pint of whiskey, value 1s. 6d.; 1 pint of gin, value 1s.; 3 pints of wine, value 12s.; 1 glass saucer, value 15s.; and 1 stopper, value 6d.; the goods of Joseph Carrington, the master of the said John Lewis Edwards.
MR. BALLANTINE conducted the Prosecution.
JOSEPH CARRINGTON . I am a surveyor, and have a house at Plumstead, in Kent. On the 23rd of September my house was burnt down—John Edwards was in my service—I saw numerous articles taken out of the house while it was on fire—I saw the prisoners carrying some of the things—I saw them both at the time of the fire—I had the things stated—I told Ann Edwards, the next day I had seen things go into her house—I had seen them pass from my garden to their house—Ann said every thing she had had, had been returned, and she had not the value of a pin's head left—a day or two after, I procured a search warrant, but previous to that I questioned her again, and told her I had suspicion, and had been informed she had things left, and if she had the wearing apparel I particularly wanted it, because my wife had nothing to put on—she said she had nothing, I was quite welcome to search her house—in a quarter of an hour she came with a child's shoe, and said, "There, sir, is all I have left, I have nothing else of your property," and threw the child's shoe at me—I went to her house, and found these articles in different parts of the house, some in a drawer, some in a chest of drawers, some on a shelf—I saw John —I spoke to him—he said he knew nothing of the property—when they took these articles they were saving them from the fire.
COURT. Q. John only did his duty by taking it to his house? A. Yes—it was my foreman's duty to have it returned—I said something to Edwards about the silver tops going off the glass castors, and he denied all knowledge of them.
John Edwards. When the fire was I said, "I have got the plate safe," and you said, "That is all right, Jack." Witness. I did.
JOHN PERRY (police-sergeant R 8.) I went with the prosecutor to execute the search-warrant—I saw Ann, and told her what I came for—she said the whole of the property she had of Mr. Carrington's was returned—John was not present—there was a back-door—about a quarter of an hour after we had been there Ann went to the door, and wished to go out—I put a constable there, and when she wanted to go out I called a female to
search her—I found a glass tumbler in the kitchen, and this saucer—in a drawer up stairs the shift, petticoat, and three bottles she said she intended to have taken them home; and if she had taken her daughter's advice she should have done so on the night previous—I asked whose the drawers were—she said, "Mrs. Weaver's"—John said two or three times that he had nothing to do with it.
MARY ANN TAYLOR . I am the prosecutor's servant. I was present at the search—I was desired to search Ann, and found this shawl under her top petticoat—I said, "Mrs. Edwards, you are a silly woman, why did you not give this up?"—she said, "I have done it, I hope I may be transported for it, to get away from Plumpstead-common from a brute of a husband"—she said Mrs. Weaver put the other articles into the drawers.
Ann Edwards. I said you might have the use of these drawers. Wit-ness. It is fire months ago since I had any things in them.
WILLIAM CHAMBERS . I am foreman to the prosecutor. After the fire, I went to the prisoners' house to obtain what things were there—I saw Ann, after I had removed a great portion of the things—I asked for every thing, and it was her duty to give up every thing—after I had removed every thing I saw, I asked if there was any thing more—she said no, not to her knowledge—the man was not there.
Ann Edwards's Defence. The goods were removed to our house, and they were taken back—I did not know that I had another article till the Friday, when I was removing the sofa—I found these things, and my daughter wanted to take them back.
MR. CARRINGTON re-examined. I spoke to her about them the day after the fire, and the next day, and she said all was returned.
JOHN LEWIS EDWARDS— NOT GUILTY .
ANN EDWARDS— GUILTY . Aged 40.— Confined One Year.
MR. BALLANTINE conducted the Prosecution.
JOSEPH CARRINGTON . I went to search the prisoner's premises—I had previous to the fire some pieces of quartering, and a saw—I had missed them—I have seen some quartering, which I believe to be mine—I was present when the officer pulled them out from under the prisoner's dresser—the prisoner was present—I said, "This is my wood"—he said, "I don't care for that, you can't swear to the wood"—the saw I know to be mine—I had lost it before the fire, and inquired of the men about it—I told the prisoner about it—I said it was a very strange thing where my saw was, and said, the next time it got into my possession, I would take care it did not go from my house—he had an opportunity of taking these things—this quartering is common wood—they came out of a house I lately pulled down—they are worth 10s.
Prisoner. The men left the saw and other things in my place, and they used to leave their tools in my house. Witness. The labourers may have left their own tools, but no one had anv business with the saw.
COURT. Q. Might they have used it, and left it there? A. No—it was kept for my own amusement in my own house—when it was found he said he had forgotten it—it was missing about a fortnight before the fire.
MARY ANN TAYLOR . I lent this saw to one of the men, and when I asked him for it, it was lost, they could not find it—I continued to ask for it in the prisoner's presence—he said nothing about it—I do not think the man left it at the prisoner's house.
Prisoner. Q. Did you ever lend it me? A. No.
Prisoner's Defence. I am innocent about the saw, and the wood was given to my wife by the workmen; if it was my intention to hurt Mr. Carrington, I could have taken his plate.
NOT GUILTY .
Before Mr. Sergeant Arabin.
2761. BENJAMIN BURROWS was indicted for stealing, on the 12th of August, 1 watch, value 20l.; and 1 watch-guard, value 5l.; the goods of Henry Lee: and WILLIAM BURROWS for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.: and HENRY BELBEE for feloniously harbouring the said Benjamin Burrows, knowing him to have committed the said felony; to which Benjamin Burrows pleaded
GUILTY . Aged 18.— Confined Six Months.
HENRY LEE . I live with my father in Finsbury-square. I was playing at cricket on Blackheath—I put my watch and chain in a table-drawer, in a tent, on the 12th of August, about eleven o'clock in the morning—I missed it about six or seven in the evening—I have got the watch, but not the chain—the watch was worth 20l.—on the 23rd of August Belbee came to me, and said if I would give him a reward he would tell me where the watch was—I said I would—he said it was at a pawnbroker's, and told me all about it—I gave him 4l. for his information—I did not notice the prisoners on the cricket-ground.
Cross-examined by MR. BALLANTINE. Q. Are you sure it was William? A. Yes—I had not seen him before—I know him by his dress and general appearance—I recollect him perfectly.
GEORGE WORLEY . I am assistant to Mr. Staples. A person resembling William, applied to me on the 19th of August, for 1l. more on the watch, which I advanced him—I think he stated that the watch belonged to his mother.
WILLIAM KIRBY (police-sergeant R 22.) On the 30th of September, in consequence of information, I accompanied William Burrows to the house of of Staples, a pawnbroker in the Borough—I told the pawnbroker I brought him respecting the watch—they said they knew him—in taking him to the station at Lee, I cautioned him respecting his saying any thing, as what he said I should repeat before the Magistrate—he said he knew nothing of the watch, till Belbee came to him on the pier, and spoke to him about getting another pound on the watch—the next morning he said it was a bad job, he would tell the truth, that his brother Benjamin brought the
watch to him, and told him he got it at Lee, and asked him to pledge it, and he would give him 10s., that he went with him into the Borough and pledged it for 30s., he brought the money out, gave it to his brother, and he gave him 8s., saying, "You owe me 2s., and if I give you 8s. it will make all right"—in consequence of further information, I went to Belbee's house—I told him I was come respecting the watch that he had given information about—he made no reply—I cautioned him respecting his saying any thing, as what he did, I should repeat—I searched him, and found 1l. in money on him—I took him to William Burrows, for the purpose of examining the house—Belhee then said to me, "It is a very bad job, I wish they had been at the devil before they had brought the watch to me; they said they had got it at Lee, and I said, "Good G—d, what have you been about! go and take it back," and that Burrows and his brother went and made away with it—he said his not liking to expose the Burrowses was the reason he acted as he did—in consequence of further information I got a warrant, and went to Ireland, and took Benjamin Burrows—he said he knew nothing about it.
WILLIAM BURROWS— NOT GUILTY .
HENRY BELBEE— NOT GUILTY .
HENRY LEE . About eleven o'clock on the 12th of August, I was on Blackheath—I took out my watch, and put it in a table-drawer in a tent there—it was gone about six—I gave it out on the heath, that I would give a reward for it—the prisoner Bel bee came to me on the 23rd, and said if I would give him a reward he would tell me where the watch was—I gave him 4l., and he told me where it was, and I went to a pawnbroker's—he told me he had overheard some persons talking about it—he had not then apprehended, or caused to be apprehended, any person who was the thief —he was not the cause of the apprehension of any one.
WILLIAM KIRBY (police-constable R 22.) When I apprehended the prisoner I cautioned him, and when he was in Burrows's house, he said it was a very bad job, he wished they had been at the devil before they brought the watch to him, that Benjamin Burrows brought the watch to him on the same night he got it—he was not at all active in apprehending Burrows—I never saw him till the 30th of September.
GUILTY . Aged 37.— Confined Three Months.
Before Mr. Common Sergeant.
2766. EDMUND BRIGLAND and JOSEPH DEARMAN were indicted for stealing, on the 5th of October, 4 fishing-nets, value 5l., the goods of George Henry Garthwaite, in a vessel upon the navigable river Thames; and that Brigland had been before convicted of felony.
GEORGE HENRY GARTHWAITE . On the 4th of October I had four nets on board my boat, the Perseverance, lying off the Greenwich College Wharf—they were safe at six o'clock in the evening—I missed them at nine the
next morning—I have seen them since—these now produced are them—they are all I have got to depend on for my living—there are plenty of marks in them that I know them by.
Cross-examined by MR. BALLANTINE. Q. You know both the prisoners? A. Yes—Dearman has been in England's employ—Dearman keeps a small beer-shop.
England. Q. You are aware eighteen months ago I sold you a net of the same mesh, ropes and all about it? Witness. He sold me a net, but the ropes were never completed—he was a servant to me twelve years ago—the nets he sold had no corks or leads to them.
JOHN BUSAIN . I am a police-inspector. On the 6th of October I went to the water-side, and saw two nets hanging up on the yard of a boat at Wandsworth. eleven or twelve miles from Greenwich—I staid there to see who took them down—about half-past four o'clock I saw Dearman come on board, lower the nets down, and put them under the half-deck of the boat—I met him, and said I wanted to go on board his boat—he went with me—I said, "Where are the nets you lowered down?"—he said, "Here they are"—I said, "You must remain here"—I sent, and the witnesses came down and identified them—I told them to proceed with the search, and in the locker we found the remains of two other nets, which had no leads on—Dearman said he knew nothing of them, he had been working for a man named Brigland, at Greenwich, and he got the nets from him; that he had got permission from Brigland to bring the boat up to Wandsworth, and Brigland told him, when he got to Wandsworth he was to hang them up to dry—by order of the Magistrate I took him down to Greenwich, and gave information to the police there, and Lovell took Brigland into custody.
Cross-examined. Q. Did you make inquiries about Dearman? A. No—I have found that Dearman's account of himself was correct—Brigland lives at Greenwich—Dearman keeps the Bird-in-hand beer-shop at Wandsworth—I should think him a man weak in intellect, and easily persuaded to do wrong—I understand him to be a fisherman.
BENJAMIN LOVELL (police-sergeant R 15.) I went to Brigland's house, in Oliver-court, Deptford—I saw Brigland—I asked him where his mate, "Old Joe" was (which is the name Dearman goes by)—he said he was gone to Wandsworth, to get a fresh license—I asked when he went—he said, "Yesterday, about twelve"—I said, "How did he go?"—he said, "In my boat"—I said, "Was any thing in the boat?"—he said, "Yes, four or five fishing-nets"—I asked whose they were—he said "Mine"—I said, "Where did you buy them?"—he said, "I did not buy them at all, Joe and I made them between us, down the river"—I was going up the street, and he called to another fisherman, and said, "Jem, you know our nets are different to yours; mine have no leads, and hardly any corks, for I fish in the mud, and you don't."
BRIGLAND— GUILTY . Aged 35.— Transported for Seven Years.
DEARMANM— NOT GUILTY .
Before Mr. Sergeant Arabin.
MESSRS. BODKIN and CHAMBERS conducted the Prosecution.
JAMES CONNOR (police-constable R 62.) Between nine and ten o'clock at night, on the 28th of September, I was on duty in New King-street, Deptford—a little girl came out of the King's Arms public-house, saying she had been robbed of a 6d.—Sergeant Lovell was with me at the time—the prisoner came out of the public-house, and said, "It is no such thing, she gave it us"—" No," said the girl, "it is the only 6d. I had; he took it out of my pocket"—I said to the prisoner, "It would be more to your advantage to spend your own money"—" You be d—d," says he, "you are as bad as the others"—Lovell went and spoke to the landlord, and he then spoke to the prisoner—I then went on my beat—about twelve I saw the prisoner again at the end of Dock-street—he appeared to know what he was doing—I passed by him—he said, "You b—y b—r, you wanted to take me into custody for a robbery"—I said, "Go to your home, I do not wish to have any thing to say or do to you"—he doubled his fist in my face, and struck at me—I threw his blow off, and he seized me by the—with his right hand—he hurt me at the time, but in the struggle I got his gripe away, and got him down—he gained his hold again, and said, "You b—y b—r, I will do for you"—he hurt me, and I could hardly speak—Taylor, a parish constable, came up, and assisted me in getting off him—he and I took the prisoner towards the station—on our way we met Pritchard, and Pritchard and I took him to the station—on the way he said, "Only for this constable having hold of me, you b—y rascal, I would rip your b—y guts open, or do you bodily injury; I don't care a d—n for you; Dr. Drury will stand my friend; or, if he don't, Mr. O'Connell will"—I had known the prisoner before—he had been about eighteen months from Ireland, the last time—I felt pain all that night, and the night following, from the gripe the prisoner gave me.
Cross-examined by MR. PHILLIPS. Q. You continued to perform your duty? A. Yes—Dr. Drury keeps an apothecary's shop in High-street, Deptford—I had not drank any thing that night—I have drank nothing but a pint of porter to-day—I have had no spirits.
Q. Had you hold of the prisoner by the collar? A. I had to lay hold of him to get him down—I was not remonstrated with that I was choking him, or using undue violence—I never pulled my staff out—I did not see Mr. or Mrs. Dalton at the time—I have known them for years—it was close to their door where I dropped the prisoner down.
JOHN THOMAS TAYLOR . I am a constable of Deptford. I was out about twelve o'clock that night, near Dock-street—I heard one man say to another, "Go home, I want nothing to do with you"—I came up—I found it was Connor and the prisoner—I said, "What is the matter, Connor?"—he said, "I have got a man following me, and he won't go home"—I said to the prisoner, whom I knew very well, "Go home"—at that time he made a blow at Connor, who got hold of his wrist—he swore at Connor, and called him a b—r—they struggled and fell—when they were down he laid hold of Connor by the collar, and Connor laid hold of his neck—I said, "Let go his neck, I will get him up"—I pulled Connor from him, and he had got Connor tight by the * * * by his clothes, and Connor appeared very pale and very much exhausted—I got them both up—I said to the prisoner,
"You foolish man, go home," but Connor insisted on taking him—we took him as far as the comer—there Pritchard came up, and I left them—the prisoner was swearing at Connor, and calling him an Irish policeman, and said he ought not to serve his fellow-countryman so—Connor seemed very much excited, and said he had hurt him.
Cross-examined. Q. Did it appear to you that Connor had illtreated him? A. No—when he was down, Connor had hold of his neck—he was not throttling him—they were both in such a scuffle that I should think they hardly knew where their hands held.
GEORGE PRITCHARD (police-constable R 133.) I met Taylor and Connor where they held the prisoner—I assisted in taking him to the station-house—as we were going he said to Connor, "You b—y rascal, I will rip your b—y guts open—if this other officer was not here, I would do it now"—Connor seemed in very much pain—he said, in the prisoner's presence, that he was very full of pain, from the prisoner having laid hold of his * *—the prisoner heard it, but he made no answer.
Cross-examined. Q. Were you in the public-house over the way? A. Yes—I have never been there before—I was waiting there, I dare say, a quarter of an hour, or more—I drank nothing there—the prisoner appeared as if he had had a little to drink, but he knew what he was after.
GUILTY . Aged 32.— Confined Twelve Months.
GUILTY .— Confined Three Months.
Before Mr. Recorder.
GUILTY . Aged 20.— Confined Six Months.
MR. RYLAND conducted the prosecution.
FRANCES JACQUELINE LLOYD . I am the wife of George John Lloyd, of Thorn-cottage, East Brixton. The prisoner was in our service eighteen months, as cook, and left on the 18th of July—Mr. Elphick is our butcher—we generally paid him every week—the bills were generally brought to me first, and I employed the prisoner to pay them—I furnished her with the money weekly—these six bills now produced are Mr. Elphick's bills—they run from February 17th to March 27th—they were sent to me regularly, but being small amounts, they were allowed to run, and on the 1st of April I gave her the amount, not separately, but altogether, with the six bills—they were afterwards returned to me, purporting to be receipted by Jane Elphick.
Cross-examined by MR. PAYNE. Q. How much do the bills amount to
altogether? A. 1l. 16s. 4d.—I am quite sure it was to the prisoner I gave the money—we had a nurse-maid in our employ who left us one morning early without notice—the nurse had been nearly twelve months in our service—I have on one or two occasions employed her to pay bills, but I have a distinct recollection of giving the prisoner this 1l. 16s. 4d.—the prisoner left our service before she was taken into custody—she came to our house on the subject more than a month after she left, and was taken into custody then—the nurse-maid left us on the Sunday before I was going before the Magistrate—the prisoner was then in custody—we have tried every means to find the nurse, but cannot—I do not know the nurse's hand-writing very well, or the prisoner's, all these people write so alike—I think these receipts do something resemble the nurse's writing, as much as they do the prisoner's.
COURT. Q. When did you discover that the money had not been paid, and the receipts were forged? A. After the prisoner had gone, and while the nurse was still with us—I did not look at the receipts, having no suspicion—I thought I had honest servants about me—the nurse-maid was in the habit of going out a good deal, and the cook remained more at home—the pencil-marks on the bills I made at the time I paid the money.
JANE ELPHICK . My father is a butcher in Camberwell-lane, Brixton. There is only my father and mother, myself, and two boys, but no one signs receipts but myself and my father, and he only sometimes—I do it principally—my mother never does, nor any other person—I know Mrs. Lloyd as a customer—these six bills are not receipted by me, or by my father or mother, or any one by our authority—they were never paid.
JOHN PALMER SUMMERS . I am a police-sergeant. I apprehended the prisoner on the 25th of September, in the Green-lane, about one hundred yards from Mr. Lloyd's—it was raining very hard, and she was standing under a tree—I asked if her name was Dell—she said, "Yes"—she knew a police-man had been after her, and she had been to Mr. Lloyd's to clear it up.
(MR. PAYNE, on the prisoner's behalf, stated that she had requested the nurse-maid to pay the bills as she went out, and she returned them to her receipted, from which she supposed they had been paid.)
MRS. LYOYD re-examined. I do not know of the prisoner ever employing the nurse-maid to pay bills—there was a lad employed in the house as well.
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
ALFRED DAN . I live with my father, Henry Dan—I was errand-boy to Caroline Plummer, of Wash-way, Brixton. In May last I paid the prisoner three sovereigns on account of Mrs. Plummer, for Mr. Hart—the prisoner gave me this receipt—(read)—"May 5th, 1841, Plummer paid 3l. Jas. Clifford."
Cross-examined by MR. PAYNE. Q. Where did you pay it him? A. At Mr. Hart's shop—I did not see where he put the money.
THOMAS HALIFAX HART . I am a brush-maker, and live in Lucas-place. The prisoner was my apprentice for three years and a half—I employed him to receive money when I was from home—I was from home on the afternoon in question—when I came home he told me Mrs. Plummer had sent 2l., which was in the till—he gave me the key of the till, and I found two sovereigns there, but no third—he never accounted to me for the other 1l. —indeed, he acknowledged that he only gave me 2l.—I afterwards had a settlement with Mrs. Plummer, and gave the prisoner into custody.
Cross-examined. Q. When did you have the settlement with Mrs. Plummer? A. About July—we very seldom have a settlement—we balance our accounts, just to see how we stand—it was on the 16th of July I found out she had paid the 3l.—I did not have the prisoner taken till the 29th of September, because I was not certain whether I had made a mistake, whether the receipt was forged—two or three days before I gave him into custody I had some dispute with him about a young man who was in the shop on liking, being in his department—I received 15l. with the prisoner when he was apprenticed—he has no father—I told the prisoner he ought to be ashamed of himself, to encourage that boy in his place—he said he did not encourage him—I said, "I know all your plans perfectly well"—he asked me what I meant by it—I said, "You want to get into the shop again; besides, Mrs. Plummer says she paid you 3l., and you only gave me 2l."—he said, "What money I received of Mrs. Plummer, you had"—I said, "You had better go to Mrs. Plummer and see about it, and if not you shall go before a Magistrate"—he said be should not lose his time to go—he said he had put 2l. into the till and given me the key—I cannot say whether he said he put in all he had received—I think he said what I have stated—he said he had made an entry in a book, which I have here, but he did not say any thing about the entry then—this conversation was three or four days before I had him taken—he was taken about nine o'clock at night when he came home—I had a policeman waiting—I have not bound the other lad to me yet—I did not know what Mrs. Plumraer's account was—I never kept an account against her—we have had dealings for sixteen years—she pays just as it suits her, and I give receipts for it—I thought perhaps a mistake might have been made in this receipt, and that I would wait till I went to Mrs. Plummer's again to ascertain, before I spoke to the prisoner.
Cross-examined. Q. Did the prisoner ever settle an account with you? A. Never—he never gave me any receipt.
JAMES WILLIAM BURRIDGE (police-constable V 160.) I apprehended the prisoner on the 29th of September, at his master's—he said nothing then—at the station-house he said he had received but one sovereign, one half-sovereign, and four half-crowns.
Cross-examined. Q. Did he not say he put all he received into the till? A. He said he put it into the till, and gave his master the key when he came home.
(The prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy.— Confined Six Weeks.
Before Mr. Baron Gurney.
2770. FANNY JACKSON was indicted for feloniously assaulting Fanny Kemble, on the 15th of September, and cutting and wounding her in and upon her right arm, with intent to do her some grievous bodily harm.
FANNY KEMBLE . I am an unfortunate woman, and live in St. Andrew's-terrace, Waterloo-road. On the 16th of September I was washing in the yard, and heard the prisoner talking against me—I said, "Fanny, what you have got to say about me, say to my face, not behind my back"—I lifted the window up—Mrs. Taylor pulled it down again—I then knocked at the door—Mrs. Taylor opened it—the prisoner said, "If you enter the room, you d—d wh—, I will stick a knife to your heart"—she took a knife off the drawers within the door, and stabbed at my face—I lifted my arm up to save my face, and got the cut in my arm—I was taken to the hospital, and was there a fortnight.
Prisoner. She struck me first, twice. Witness. I did not, nor did I attempt to strike her before she cut me.
JANE TAYLOR . The prisoner lodged with me. On the 16th of September she was in the same room with me, very drunk—the prosecutrix over-heard her telling me of a depredation which the prosecutrix had committed in my house during my absence, and she knocked at my door to come in, and fight her—I locked the door against her—she then attempted to come through the parlour-window, and put her foot in, but I would not let her—she then came back to the parlour-door, and battered till I thought she would break the panel—I then opened the door, and asked what she was going to do—she struck the prisoner twice over my shoulder, and the third time she attempted to strike her, the prisoner said, "If you strike me again I will mark you"—I had been cutting some bread and butter, and as soon as the prosecutrix attempted to strike the prisoner again, she caught up the knife and struck her on the arm—it was a common table-knife—it was afterwards given to the policeman.
WILLIAM HENRY FREEMAN . I am a surgeon. The prosecutrix was brought to the hospital with an incised wound in the fore-arm, about half-an-inch deep, or rather more, and about an inch and a half long—it was such a wound as might be inflicted with a knife—the wound is well now, or nearly so.
Prisoner. I am very sorry it has occurred.
GUILTY of an Assault. Aged 22.— Confined Two Months.
Before Lord Chief Baron Abinger.
2771. WILLIAM STEWART was indicted for stealing, on the 29th of September, at Lambeth, 25 sovereigns, and 2 half-sovereigns, the monies of James M'Gregor, in the dwelling-house of the said William Stewart.
JAMES M'GREGOR . I am an engineer. I occupied a bed-room immediately behind the front-parlour, in the prisoner's house, for about three years and a half—the prisoner had access to that room—I had about 26l. in gold in a trunk there, which was locked—I missed the whole of it on Friday evening, the 1st of October—the lock of the trunk had been
forced—I opened it with a key—I did not perceive the lock till I missed the money—I suspected the prisoner, and gave information at the police-station that evening—he had not slept in the house from the Wednesday evening previous—I did not know where he was—there were five other lodgers, I believe, and they all remained and slept in the house—I believe they were all in the house at the time I missed my money—on the Saturday morning I traced the prisoner to Cameron's house, in Camomile-street, Bishopsgate, and saw him there some where about eleven o'clock—the police were with me—the first question I asked was, "Where is my money?"—he said, "If you will go over the water with me to-night, it will be all right"—I gave him in charge of the policeman—that is all that passed that I can recollect—I got excited on seeing the prisoner, and cannot recollect exactly what passed till I gave him in charge.
Cross-examined by MR. DOANE. Q. How lately before had you seen your money safe? A. I had the purse and money in my hand on the Sunday previous—the money was in the purse—I did not count my money that Sunday—I had counted it on the Sunday fortnight before, to the best of my recollection—I lodged at the prisoner's all the time I have been in London.
COURT. Q. The last time you counted your money yon had as much as twenty-six sovereigns? A. I believe so—on the Sunday before the robbery I put in a sovereign, and took out half-a-sovereign, or something—from the weight and size of the purse, I had no reason to think that any money was missing then—I could feel no difference—the prisoner is a brass-founder, I believe, and is married; at all events, he has a woman he calls his wife—she remained in the house—I quitted it immediately I discovered the robbery—the purse was not taken.
WILLIAM CAMERON . I have known the prisoner for thirty years—he came to my, house on the last Wednesday evening in September, and said he had had some words with his wife, or housekeeper, or whatever it may be termed, for I did not know he was married—he said he had left home, and would not go back again for some time; that be had saved a bit of money from his own hard earnings; that he would go home and see his friends, and if it did not suit, he would come back again to London—his friends live at Glasgow—he did not tell me then what he had saved, but he had told me several times, eight months previous, that he had saved money unknown to any body—he staid at my house from Wednesday till Saturday morning, when he was taken out of my house, about ten or eleven o'clock, by the police and the prosecutor—they took him up stairs into a top room, and examined him, but not in my presence.
Cross-examined. Q. What character has the prisoner borne for honesty? A. I never heard the smallest stain on his character till now—he is a brass-founder, and his wages were from 30s. to 2l. a week—he was in a condition to save money—I have repeatedly seen a good many sovereigns and half-sovereigns in his possession on a Sunday, when he called on me.
COURT. Q. Has he given you any money to redeem any clothes? A. Yes, he gave me four sovereigns on the Thursday morning, to redeem clothes, which he said were pawned by Mrs. Stewart—I took them out of pawn, and brought them to him—it was a frock-coat, two pairs of trowsers, and a snuff-mull—I paid 2l. 7s. 6d. to take them out.
the morning, the prosecutor informed me of his loss, and I went with him to find out the prisoner—I knew he had some clothes in pledge, and went to the pawnbroker's—I found they had been redeemed by Cameron, and went to Cameron's house—I there found the prisoner—I said there had been twenty-six or twenty-seven sovereigns taken from M'Gregor's box—he said he knew nothing of it—M'Gregor was not present then—he came in after that with my brother constable, and gave the prisoner in charge—I took him up stairs, and asked what money he had about him—he said, "Eleven sovereigns"—I searched him, and found eleven sovereigns on him—he told M'Gregor he would make it all right, if we would go over the water—no reply was made to that—he was then taken to the station.
Cross-examined. Q. The prisoner lived over the water? A. Yes—he had told me previously that he had got some things at the pawnbroker's—I am a relation of his. and have known him fifteen years—he always bore a good character—he was never in trouble before.
JOHN FORRESTER . I was a policeman, but have resigned—the prisoner was brought to the station, and I took the charge—after being some time in the station, he requested me to let him have 1s. to get some dinner, which I did; and during the time he and I were together in the station, I said to him, "This is a sad case"—he replied, "It is; I took the money, but it was my intention to have returned it."
Cross-examined. Q. Had you taken the charge? A. I had—the prosecutor had gone, and the prisoner was waiting to be taken to the Compter—the case was over, as far as my duty was concerned.
Q. Is it part of your instructions to put questions to prisoners after the case is over? A. I do not consider it a question—all I said was, "This is a sad case"—I did not know him before—there was no one else present—I was station-clerk—I have been ten years an officer of the City.
GUILTY of Larceny. Aged 42.— Confined Six Months.
Before Mr. Recorder.
2772. HENRY COMFORT was indicted for feloniously breaking and entering the dwelling-house of Catherine Stokes, on the 16th of October, at Lambeth, and stealing therein, 4 gowns, value 1l.; and 1 cloak, value 10s.; the goods of Catherine Stokes: 1 cloak, value 10s., the goods of Catherine Stokes the younger: and 5 shirts, value 1l.; 1 table-cloth, value 1l.; 4 pairs of trowsers, value 1l.; 3 waistcoats, value 15s.; 1 coat, value 10s.; and 2 handkerchiefs, value 4s.; the goods of Christopher Stokes.
CATHERINE STOKES , junior. I was living with my mother, Catherine Stokes, at the time in question, at No. 11, Great Bolton-street, Kennington-common, in the parish of Lambeth, I think—she has only part of the house—a person up