CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand
SESSION I. TO SESSION VI.
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, November 29th, 1841, and following Days.
Before the Right Honourable JOHN PIRIE, LORD MAYOR of the City of London; the Right Honourable Thomas Lord Denman, Chief Justice of the Court of Queen's Bench; Sir Edmund Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Taylor Coleridge, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Thomas Coltman, Knt., one of the Justices of her Majesty's Court of Common Pleas: Anthony Brown, Esq.; Sir Peter Laurie, Knt.; Sir John Cowan, Bart; Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; John Lainson, Esq.; Sir George Carroll, Knt.; John Kinnersley Hooper, Esq.; and Sir James Duke, Knt.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden or the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
PIRIE, MAYOR.FIRST 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, November 29th, 1841.
First Jury, before Mr. Recorder.
ROSE PARDOE . I am in the service of Rowland Mitchell, of Baker-street. The prisoner was in the habit of calling from Mrs. Hofferman for the dirty linen, and occasionally brought it home—she called on Monday, the 4th of October, when a three weeks' bill was due, and said she called to request payment for the washing—I said, if she would tell her mistress to call I would pay her—she said Mrs. Hofferman was ill and unable to attend—I then paid her 1l. 2s. 7d., and she wrote "paid" in the book— she said her mistress had requested her to put "paid" in the book—I parted with the money, believing her mistress had sent her for it.
ANN HOFFERMAN . I am the wife of Richard Hofferman, of Hereford-street, Lissongrove, and wash for Mr. Mitchell. I took the prisoner in to protect her, as her father turned her out—she was in the habit of fetching linen for me, and left me on the evening of the 4th of November—I did not send her to receive this money then, or at any time—I was quite well.
Prisoners Defence. Her daughter asked me to fetch her mother's linen, as she intended to run away.
GUILTY . Aged 15.— Confined Six Months.
GUILTY of a common Assault. Aged 19.— Confined Six Months.
3. HENRY PATTERSON was indicted for stealing, on the 31st of August, 3 coats, value 2l. 15s.; 1 pair of trowsers, value 10s.; 1 waist-coat, value 5s.; 1 pair of boots, value 10s.; 1 hat, value 5s.; 1 scarf, value 3s.; 1 box, value 5s.; and 1 cigar-case, value 3s.; the goods of David Arnold Donaldson: and HARRIETT ASHTON , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. DOANE conducted the Prosecution.
DAVID ARNOLD DONALDSON . I am an upholsterer, and live in London generally. On Monday, the 4th of August, I was at Tunbridge Wells—I had occasion to send my clothes and other things up to London that day—I packed the articles stated in the indictment in a white deal box, I nailed the box down, corded it, and put on it a direction, "To the care of Thomas Jackson, No. 18, Wild-court, Drury-lane, London"—I took it to the Van-office—in due course it should have arrived in London about the middle of Tuesday.
Patterson. Q. Is this a workshop or a dwelling-house? A. work-shop belonging to Thomas Jackson—I do not know whether you lived there at the time—I did not say at Bow-street that you did live there—I believe you merely worked at the shop.
Q. Did you call in Great Earl-street, Seven Dials, the day after last Sessions? A. Yes—I did not propose to the person of that house that if they would give me 2l. I would leave London, and not prosecute you, nor any thing of the kind—I merely called there—I had seen the party several times about the neighbourhood of Seven Dials—I never saw him before I came from Tunbridge Wells.
Q. On your oath, had you ever seen him before he was over the way at the public-house drinking with you? A. Yes, I had seen him before that, but not before this occurrence—on my oath I never said any thing about not appearing against you for a sum of money.
JAMES LILFORD . I am a cabinet-maker. I was working at No. 18, Wild-court, Drury-lane, on Tuesday, the 31st of August—about eleven o'clock in the day the carrier brought a white deal box, directed to the care of the person I worked for, "Mr. Jackson, No. 18, Wild-court, Drury-lane"—I did not see where the carrier came from—the prisoner Patterson was at work there when the box arrived—he owned part of the shop—I left the box between two benches where we work, in the shop where Patterson was—he worked in the shop, and was there at the time—I went there next day—I did not see Patterson there then.
Patterson. Q.—Did any person help you up the stairs with the box? A. Yes, Harry Goodrich—I cannot tell when was the last day I worked for Jackson—I did no work for him on the Monday, or from the Saturday before—I have not worked for him since Saturday, the 28th of August—I went there, on the 31st, after some money which was owing me—I was not doing any work that day—a man named Warner came into the shop with me—we had some beer to drink there—I did not fetch it—there were other parties about the shop—I stopped there about an hour and a half—I went there about ten o'clock next day—you were not there then—I cannot say you were not there at all that day—you might have been there unknown to me.
ANN LOCK . I am the wife of David Lock, of No. 28, Clement's-lane, Strand. A woman named Clark lodged in the same house, above me, for about twelve months, and in August last the prisoner Ashton came to live with Clark—I have frequently seen Patterson at the house before the robbery—on the 31st of August, between four and five o'clock in the afternoon, I saw him come in with a white deal box—he was carrying it on his shoulders—it was heavy—I was at the street-door—he asked me to allow him to pass me, which he did, and went up stairs—I afterwards saw Clark come down with something, and after that I saw Clark and Ashton go out
together—they returned in about a quarter of an hour or twenty minutes, and went up stairs where Patterson was—they might in a shorter space than that have gone to Picket-street and Clare-market—I afterwards saw the two prisoners, Clark and another man, a friend of Clark's, who had come in, leave together.
Patterson. Q. Who rented the room that Clark lived in? A. Clark her-self did—she took it in her own name, and a man named Goodrich lived with her—I remember your coming there several times last summer, and telling her to send Goodrich to your shop to work for you—I do not know whether he worked for you last summer—you called several times after the robbery, to know whether they were at home—Clark and Goodrich left the house that same week, and he has not been there since—the police have been after him there—he is visible enough to be found, I believe—I afterwards pointed Clark out to the policeman—I was asked where I bought a duplicate—Clark had been in prison before, while she was living at this house, and that you know as well as I do—I do not know what it was for—she was in custody last Christmas, and several times for different things, attempting robberies, and that sort of thing, but I do not know that she was ever committed to any prison.
Ashton. I never lived with Clark—I had lodgings of my own—I merely called on Clark as a person I knew—Patterson was there—he asked if I would go and pledge a pair of boots for 4s., which I did, and brought him back the money and duplicate—I know nothing more of it, and Patterson knows I do not.
MR. DOANE. Q. Was she up stairs with Clark at the time Patterson took the box up? A. She was, and I am sure she lived with Clark.
ALBERT EVANS WASSELL . I live with my father, a pawnbroker, in Picket-street, Strand. I produce a coat and pair of trowsers pawned on the 31st of August, by a female, in the name of "Mary Williams"—I cannot say at what time in the day—I cannot say whether more than one person was present—I do not know Ashton.
CHARLES SELLS . I live with Mr. Allen, a pawnbroker, in Clare-market. I produce a pair of boots pawned on the 31st of August—I took them in—I do not remember the time—I recollect seeing Ashton in the shop about the time they were pledged—it was nearly a month after before we heard any thing of it, but I saw her in the shop about the same time—I took them in—the lad wrote the ticket—he is not here—I believe Ashton to be the person who pawned the boots, but I should not like to swear to her.
COURT. Q. Why do you believe it? A. By her being about at the time—she was seldom in the shop, but I recollect her face again—I cannot undertake to say that I saw her at the exact time the boots were pledged—I have merely a recollection of seeing her face that day in the shop.
MR. DOANE. Q. Your attention has been called to this before the Magistrate? A. Yes, I said just the same—I know I took in a pair of boots on the 31st of August, and I think it was Ashton pledged them, but I cannot swear it—I cannot swear that seeing her and taking in the boots was one and the same transaction—I advanced 4s. on them.
— POCOCK (police-constable F 81.) I took Ashton into custody on the 29th of September—I told her what she was taken for—she said
she received a pair of boots from Patterson, and he told her to pledge them for as much as she could get—that she pledged them in Clare-street for 4s., and gave him the duplicate and money—I took Patterson into custody the following morning—he denied the charge altogether—the box has never been found.
D. A. DONALDSON re-examined. These boots are mine, and were put by me into the deal-box at Tunbridge-wells—the coat and trowsers are also mine.
Patterson's Defence. Goodrich, who the box was delivered to, works for me—it was left in the shop that day—he has worked for Jackson—he absconded from his lodging, as well as Clark, and the police are now in search of him—there is no lock and key to the shop—the box I had carried for Goodrich—I make packing-cases of all descriptions.
JAMES LILFORD re-examined. Goodrich did not work in the shop where the box was left—he came in and out, but did not work there—he polished one or two tables there once—he was there on the 31st of August at the time the box was there.
Ashton's Defence. Pocock says I told him I was to get as much as I could on the boots, which is not the case—Patterson told me to get 4s. on them—when Pocock came and asked me about it, I said I certainly had pledged a pair of boots, but did not know that they were stolen, which I certainly did not—Clark was out when I went up—no one was in the room but Patterson and a young man—I did not know but what the boots belonged to Patterson—he knows I am innocent.
(Patterson received a good character.)
PATTERSON— GUILTY . Aged 44.—Recommended to mercy.
Confined Six Months.
ASHTON— NOT GUILTY .
NEW COURT.—Monday, November 29th, 1841.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 21.— Confined Six Months.
6. MOSES HUNT was indicted for stealing, on the 25th of October, 2 nose-bags, value 3s.; half a bushel of oats, value 2s.; and half a bushel of chaff and oats value 1s.; the goods of Henry Johnson, his master; and JAMES ROWLAND , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.; to which Rowland pleaded
GUILTY . Aged 40.— Confined Five Months.
(He received a good character, and his master engaged to employ him.)
MR. BALLANTINE conducted the Prosecution.
keeps three horses, but one was killed on the 24th of October—it was in a very poor state, as it appeared, from want of provision. About ten o'clock in the morning of the 24th of October, I went into a loft occasionally used by Hunt—I found two nose-bags, one nearly filled with oats, with a small portion of chaff covered over the top; the other had about one peck of oats in it—it was Hunt's duty to feed the horses on Sunday morning—for that purpose the shed-man delivered the oats to him on the Saturday night—the horses were generally fed between seven and eight on Sunday morning—there was no occasion to have oats to feed them the rest of the day—the horses had to go out on the Monday morning—it was Hunt's duty to obtain corn to feed them—he had the chaff in his own possession, but had the oats from one of our men—I went to the corn-bin when I saw this corn—I found it locked—Hunt generally stopped at the Thatched-house public-house at meal times, to water the horses, but the food we provided.
Cross-examined by MR. DOANE. Q. I suppose you do not know that he was to stop at the Thatched-house? A. No, he stopped where he pleased—he could not have oats without the shedman gave them to him, as he kept the key of the bin—the hone that was killed was not ill, it was starved—it was worn out—my father was ashamed of it—we had another carman for a month before Hunt was taken, but he was discharged on the Saturday night—Hunt had the management of the horse that was killed—he had to no the food for it—he did not drive it—he would not have the nose-bags to feed it on journeys.
COURT. Q. Was the loft the proper place for the oats? A. Yes.
JAMBS BRENNAN (police-constable G 20.) I was with another officer near Seckford-street on Monday morning, the 25th of October—I saw Hunt come out of his master's yard, driving a cart with two horses—I noticed two nose-bags on each shaft—I followed him to the Lower-road, Islington—he stopped at the Thatched House public-house at ten minutes past eight o'clock in the morning—Rowland came out—he went up to him—they appeared in close conversation—while they were talking, I saw Rowland take a key from his pocket, and undo a door, and directly after Hunt took one of the nose-bags off the shafts and handed it to Rowland—then Hunt undid another bag, and took it in himself—I watched till the door was pulled to, I believe by Rowland—I then went in—they were standing close together, and Hunt was pouring the contents of a nose-bag into a bin—I went up to them—I am sure it was Hunt that was emptying the bag—I seized him by the arm, and told him I was a policeman, and had instructions from his master to watch him, as he was suspected of stealing corn—he said, "Pray don't; I never robbed him before "—I examined the bags, and found oats in one, and oats and chaff in the other.
Cross-examined. Q. What did yon do with the bags? A. Redman tied them to the shafts, and took them to the station.
Cross-examined. Q. Were they not some time out of your possession, left at a public-house? A. They were left locked up for about an hour this morning—they were seen by Mr. Johnson the morning we took them—he owned them.
October I delivered Hunt some oats for Sunday, and on Sunday three pecks for Monday—I delivered him them about eight o'clock—I have examined the nose-bags produced by the officer, and the two found removed from the shafts—there were upwards of three pecks in the two bags—the two bags which were left on the shafts had very little oats in them, only bran—the corn ought not to have been unmixed—it was Hunt's duty to mix the corn with bran and chaff—the corn in the stable was enough for the horses on the Monday—there ought to have been more corn in the horses' bags on the shafts—I believe the corn to be my master's.
Cross-examined. Q. Might he not have unhooked the horses? A. That is not a customary thing.
Cross-examined. Q. Did Hunt go out with the horses till lately? A. Yes—he did not go out with the other horse.
(Hunt received a good character.)
HUNT— GUILTY . Aged 40.— Confined Five Months.
MR. PRENDERGAST conducted the Prosecution.
THOMAS ELTHAM . I am a butcher, living at Denham. On Saturday fortnight I went to Uxbridge market—when I was leaving I had a side of mutton, which I put into my cart the last thing at night—I left the cart a short time with a boy, and next morning, when I was at Denham, I missed the mutton—I informed the police, and on that day Roadnight brought me a leg of mutton, which was part of the side of mutton which was in my cart on Saturday night—I knew it by its being my dressing and cutting—I had a quarter of the same mutton, which I had sold—I matched them together—they were part of the same animal.
RICHARD ROADNIGHT (police-sergeant T 11.) On Sunday fortnight I received information from the prosecutor—after that I saw the prisoner and two other persons coming along some fields near Uxbridge—I and my partner apprehended them—the prisoner had this basket over his shoulder, which contained a leg of mutton, which I showed the same day to the prosecutor—I matched it with the other piece, which had been sold—there was a bit of the tail left on the leg, which matched the other part exactly—Warner, one of the men with the prisoner, said he never saw it till he saw it on the others' backs—the prisoner said, "You want to saddle it on me, but it is a barber's mess we are all in it."
Prisoner's Defence. I Warner and Cox, went out about seven o'clock; we were forwards; Cox called us back, and said, "There is a basket in the hedge;" we took it out, it had a leg of mutton in it; we came back about twelve, and it was still there; Cox said, "We might as well have it as let it spoil;" he took it, and carried it first, and then I carried it; the others owned how they came by it, the same as I did.
NOT GUILTY .
ALEXANDER DRUMMOND . I am in the service of Mr. Hugh Johnson, of Bexley, in Kent—he has an office in Bush-lane. On the 29th of October I was with his cart in Bush-lane, and received a parcel containing these boots—the prisoner took them out of the cart about twenty yards from the office—I caught him about seven or eight yards off with them. ADAH SPAREY (City police-constable No. 406.) I took the prisoner.
Prisoner. There was a large rocking-horse in the cart—Drummond asked me to help him shove it up, which I did—the boots fell down—I went round and picked them up, and Drummond said I was going to steal them.
ALEXANDER DRUMMOND re-examined. He told me he was not going to steal them—while he struggled with me one of them dropped from him—I saw him leap from the cart with a parcel under his arm, but I did not know what it was till I caught him—I did not ask him to help me with the rocking-horse or in any way.
The prisoner received a good character.
GUILTY . Aged 35.— Confined Six Months.
EDWARD JOSEPH MENERE . I am in the service of Mr. Forsyth, in Leadenhall-street. At half-past 3 o'clock in the afternoon of the 29th of October I was in Drury-lane—there was a crowd—I stepped off the pavement to get past, and felt something at my coat-pocket—I turned and saw my handkerchief in the prisoner's hand—I seized him, and he dropped it—I called the police, who came and took him—he had not moved a step from me when he dropped it in the road.
Cross-examined by MR. PHILLIPS. Q. There was a riot? A. yes— the policeman was getting a drunken' man along—I accused the prisoner of stealing my handkerchief—he said another boy had thrown it on his hand.
COURT to EDWARD JOSEPH MENERE. Q. Did you not ever say "He was holding it down against another person—I called the policeman and took the handkerchief from the prisoner's hand?" A. No, he dropped it.
Cross-examined. Look at your own deposition, was not this read over to you before you signed it? A. Yes—I was desired to attend to it.
NOT GUILTY .
HENRY ROCK . I am a stationer in partnership with my brother William Frederick Rock, in Walbrook—I have missed four reams of paper—that now produced is part of it—it was at the door of our warehouse—I had
seen it safe about ten minutes or a quarter after one o'clock on the 29th of October, and I missed it about quarter before two o'clock.
Cross-examined by MR. BALLANTINE. Q. You are stationers in a very large way? A. Yes—we have about sixty servants—the loss of two reams was pointed out to me by John Paine, and I found four reams had been taken—these are two of them.
JOHN PAINE . I am apprentice to Messrs. Rock—I received information, and went in pursuit of Padwick—I ran up Walbrook, and Padwick was caught in my presence—he had nothing with him, but I believe him to be the man who dropped the paper—this is my signature (looking at his depositions)—the first thing I saw was a man running with two reams of paper on his shoulder—he pitched—them down by the side of a door in Walbrook—I believe Padwick to be the man—there was a rescue attempted—several gentlemen tried to catch him, and he got away from their grasp.
Cross-examined. Q. You had a good view of his back all the way? A. Yes—I followed him, and in running down I kept him pretty well in my sight all the way, but in rounding the corners I lost sight of him—I did not notice others running—there was not a cry of "Stop thief"—he was taken about 500 yards from where the paper was dropped—I did not tell my master of these reams being gone—we had similar paper to this—we lost two more reams ten minutes before.
ROBERT HUTT . I am an apprentice to the prosecutors—a little after two o'clock I heard a noise—in about ten minutes I heard the same noise again—I went to the lobby and saw Padwick making off with two reams of paper—I called Paine, and we went after him—I did not see Denny.
Cross-examined. Q. You and Paine have had a chat about this? A. Yes—I did not talk to him about Padwick being the man—I did not express a doubt—I swore to him at the time—I saw the whole of his face.
CHARLES SMITH . I am a butcher, and live in Walbrook—about twelve o'clock at noon I saw the two prisoners and another man standing at the corner of Bond-court, nearly opposite the prosecutor's, and at two o'clock I saw Padwick with two reams of paper, and Denny and the other man running by his side.
Cross-examined. Q. You have not the least doubt of Padwick being the person? No.
Denny's Defence. I was coming up Walbrook—I saw a quantity of people calling out "Stop thief"—I came round by the side of the Mansion-house—I was tapped on the shoulder and taken—the butcher said he saw me, and Padwick, and a boy together, but it is not so.
PADWICK— GUILTY . Aged 21.
DENNY— GUILTY . Aged 18. Confined Six Months.
OLD COURT.—Tuesday November, 30th 1841.
Second Jury, before Mr. Recorder.
11. JAMES BARCLAY was indicted for breaking and entering the dwelling-house of Thomas Wiltshire and another, on the 29th of October, at St. Michael on Cornhill and stealing therein 1 teapot, value 6l., their property; to which he pleaded
GUILTY . Aged 36.— Confined One Year.
NOT GUILTY .
13. VILLIERS LESTER was indicted for forging and uttering, on the 13th of October, an order for the payment of 10l., with intent to defraud Edward James Cutler ; also for forging and uttering, on the 15th of October, an order for the payment of 10l. with intent to defraud Henry Bosanquet and others; to both of which he pleaded
GUILTY . Aged 17. (The prisoner received a good character.)— Confined Two Years.
WILLIAM HART . I keep the White Swan public-house, in Ray-street, Clerkenwell. On the 29th of October, I engaged the prisoner as barman—he came on Saturday the 30th—he was to be a week on liking—when he had been in my service about three hours I suspected he had taken 1s—I let him continue another day or two—I suspected him on Sunday—on Monday evening, the 1st of November, he was serving a customer with a pint of gin, which came to 1s.—he received two sixpences—one sixpence he put into the till, and put the other into his mouth—I took no further notice of that, but next morning I went to him into a back kitchen, and said, "Henry, I do not think you will suit me—and there is another thing, I suspect you have been robbing me ever since you have been here "—he said no.
Cross-examined by MR. ROBINSON. Q. Did not you say something before that? A. No—I said I know you have, and if yon do not give me up the money I will send for a policeman—he put his hand in his waistcoat pocket and gave me 2s. 10s.—he said, "I have not robbed you of any thing since I have been here"—I said, "I know better, you have robbed me of more; I will send for a policeman and give you in charge "—I sent for one—as we were going up stairs to search the prisoner's box, he said, "I won't trouble you to go any further, here is 3s. I took out of Mr. Hart's till on Saturday morning, making in the whole 5s. 10d. I have robbed him of altogether "—after putting the sixpence into his mouth he afterwards walked into the back yard—he had no business to go there with the sixpence in his mouth—I did not see whether he afterwards put it into the till—he gave me no account of the money—he ought to take the money and put it into the till.
(The prisoner received a good character.)
GUILTY . Aged 18.—Recommended to mercy.— Confined Two Months.
GEORGE GILPIN . I am shopman to Mr. Hogg, of No. 73, Fleet-street, a hosier and glover. The prisoner came to the shop on Monday, the 15th of November—he purchased two shirts, a pair of gloves, a long-end stock, and a pair of braces, amounting to 25s., and asked if I would send them
for him—I said, "Yes "—he offered this cheque to pay for them—(produced)—he—gave the name of Mr. Jackson, No. 15, Henrietta-street, Covent-garden—I sent the cheque over by the boy to Mr. Hogg, who was at the other shop, No. 174—he came over, and asked the prisoner if he had got any more money, as it was very unreasonable to expect a tradesman to change so small a draft to an utter stranger—he said he had no more money—he asked if he had got any at his lodgings—the prisoner said he had—Mr. Hogg sent me with him with the goods—I had got the cheque—we did not go to Henrietta-street—he wanted me to go, while he waited in Tavistock-row—I said I would not go without him—he then said he did not live there, and we did not go—I asked what business he had to give me the name of Mr. Jackson, No. 15, Henrietta-street—he did not give me any answer to that—he said he was left in the world without father, mother, or friends, he did not want cheque or goods, and I could go back, and tell master I had missed him in some way—I said I would not do so, he should go back with me—he said it would be of no use, for he should not be able to let us have the money then—I said I would go any where with him as long as I could get the money—I at last called a policeman, and gave him in charge—I know this to be the cheque Mr. Hogg brought back to me.
Prisoner. Q. Have you not another name besides George? A. No—I did not give two names at Guildhall—I was behind the counter when Mr. Hogg came into the shop, about a yard or two from him—I cannot tell the number of the house that we stopped opposite in Tavistockrow—you afterwards told me you lived in the Regent's-park, not that you had friends there—I understood you to say you lived there—you did not ask me to go to Lewisham-street with you, or any where else.
HENRY HOGG . I am a hosier and glover, and have two shops in Fleet-street, No. 73, and No. 174. On Monday, the 15th of November, I was sent for to the shop No. 73, where the prisoner was—the prisoner gave his address No. 15, Henrietta-street, Covent-garden—I told him I recognised him as the same man who, on the 3rd of November, had attempted to pass a similar cheque on me, and he then gave the name of Phillips, No. 15, Norfolk-street, Strand—he said he was not the same individual, he had come from the country the night before—I gave the parcel and cheque to Gilpin, and told him to take it to No. 15, Henrietta-street, Covent-garden, with the prisoner, and to get the money, or bring the prisoner back in custody, and he brought the prisoner back in custody—the first thing I said to him was that it was not reasonable to expect a trades-man to change cheques for a stranger, and said, "Have you got money to pay for the goods?"—he said he had not, but had got it at his lodgings, and that induced me to send the boy with him—this is the same cheque as I brought back, and gave to Gilpin.
Prisoner. Q. What day of the week was it when I came to your place first in November? A. On Wednesday, the 3rd of November—I am quite sure you are the same person—I said at the station, if the goods were paid for I did not care about the charge—the inspector said it was a proper case to go before a Magistrate, so of course I gave way to that.
CHARLES DOMVILLE . I am clerk to Messrs. Masterman and Co., bank-ers, Nicholas-lane. I have searched their books, to see whether there is any account of any customer of the name of Montague, the drawer
of this cheque, and we have no account in that name—we hare no per-son entitled to draw cheques with the signature of E. Montague—(cheque read)—" November 15th, 1841. Messrs. Masterman and Co. Please to pay Mr. Jackson, or bearer, the sum of 2l.—on demand. E. MONTAGUE."
GUILTY . Aged 23.— Transported for Ten Years.
THOMAS ETHERIDGE . I am a hosier, and live at No. 167, Aldersgate-street. On or about the 7th of October the prisoner came to my shop, and bought goods to the amount of 18s. 2d.—he presented this cheque—(produced)—the prisoner wrote on the back of it in my presence—I know it to be the same—(read)—" October 7th, 1841. "Messrs. Hoare and Co. Please to pay Mr. Montague, or bearer, the sum of 2l. on demand. W. JACKSON."—(on the back was written, "21, John-street, Clerkenwell") on his producing the cheque, I said it was not customary for us to do these things, but being so small an amount, if he would write the address of the drawer I would not mind it in this case—and on that he wrote the address on the back, in pencil—he gave me no farther account of the parties—I believe he answered my question, that he was Mr. Montague, but I will not swear that—I gave him 1l. 2s. change.
Prisoner. Q. I—believe at Guildhall you said you gave 1l. 6d. and 10d? A. I said nothing of the kind—you gave the address, "No. 12, Finsbury-place," and said I was to send the articles there in the course of the after-noon.
COURT. Q. Did you send them? A. I took them myself—I found, in the course of the afternoon, the cheque was a forgery, and I took the goods with a view of detecting it, if possible—I found no such person as W. Jackson or Montague there.
JOHN PALMER . I am cashier at Messrs. Hoare's. No person named W. Jackson banks at the house—there is no such account—I do not know the handwriting of this cheque, only from seeing some of the kind before, in different names, but the same handwriting.
Prisoner's Defence. A person named Jackson gave me the forged order, which I uttered in the first case; I sent a note to him while I was in the Compter, but he never came; I have been out of a situation some time, but have lived upon my friends, and did not want money; the prosecutor gave me 1l. 0s. 6d., in copper, change, and now he swears it is 1l. 2s., which is quite sufficient to cause me to be transported.
GUILTY . (There were two other indictments against the prisoner.)
GUILTY . Aged 14.— Confined Four Months.
NEW COURT.—Tuesday, 30th November, 1841.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 17— Confined Three Months.
GUILTY .* Aged 28— Transported for Seven Years.
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 17.— Confined Six Months.
EDWARD ROACH . I live in Angel-street, Regent-street, Westminster. Between five and six o'clock, in the evening of the 15th of November, I was in Smithfield, some one gave me information, and I missed my hand-kerchief f—I ran after the prisoner, the constable took him, and took my handkerchief from him—this now produced is it.
Prisoner's Defence.—I was going to the doctor, as my mistress was very bad; I was going into John-street, and picked the handkerchief up at the corner of Smithfield.
GUILTY . Aged 18.— Confined Three Months.
SARAH MAYSON . I am servant to the prosecutor. On the afternoon of the 18th of November, about four o'clock, the prisoner came to the shop, and asked to look at some Church Services—I showed her some Bibles and Prayer-books—she looked them out to the amount of 7l. 0s., 6d.—she said if I would send the lad with the books with her she would pay the lad, she had not sufficient with her to pay me—in consequence of that I sent them by the lad—he was to bring back the money, which he did not.
Prisoner.—I deny that I said I would send the money back by the lad. Witness.—Yes, you did; she only dealt with Mr. Evans for ready money.
Prisoner.—I have two hills here which I paid in May. Witness.—They were made out at the time she paid them.
COURT. Q. Are you able to swear, that at the time she had these articles she paid ready money? A. Yes, both the bills are my own making out, and were both paid at the time.
WILLIAM LORD. I am apprentice to Mr. Evans. I went with the prisoner with these books on the 18th of November—Machin said I was to receive the money—I went with her to a court in Monkwell-street—she knocked at the door—a little boy opened the door—she then took the parcel from me, and told me to sit down in the front parlour—she went into the back parlour, and returned in a few minutes, she said she had not sufficient change to pay me, she would call on Mr. Evans next morning—I went the next morning, and found she did not lodge there—she had left ten minutes after I left.
Prisoner. Q. —Do you mean to say that I told you I would call the next morning and pay you? A.—Yes.
MARTHA TAYLOR . I am the wife of John Taylor, and live in Dolby-court. I know the prisoner—she did not lodge at my house—she called there on the 18th of November, and had a brown-paper parcel—she went out in ten minutes, and took the parcel.
Prisoner. Q. —Were not these taken away by your request? A. I said the children might tear them.
Prisoner's Defence.—I have been in business at Bristol three years; I was in the habit of dealing with Mr. Evans ever since I commenced business; these two bills were not paid at the time; I told the boy Mr. Evans knew me very well, and I would call next day, but I was ill; I wrote a note to Mr. Evans, stating the circumstances.
SAMUEL DANIEL EVANS . I know nothing about the prisoner—I never gave her credit to any amount—on the Saturday afternoon, she wrote a note, saying she had something to communicate—I went, and she told me she was in difficulty, and I must sue her for the amount—she wanted to pass through the Insolvent Court—I said, "I must have the goods"—she said they should be secured to me—I took a policeman, and gave her in charge—the books are safe in Forrester's custody.
Prisoner.—I was advised by Mrs. Taylor's father to do it.
MRS. TAYLOR re-examined.—She had mentioned such a thing, that she wanted to get through the Court.
NOT GUILTY .
WILLIAM HAYNES . I live in Noble-street. At half-past five o'clock, in the evening of the 13th of November, I was going down Princes-street, I saw two boys following me, I watched them half-way down the street, they separated—I followed the prisoner, he threw my handkerchief on the ground—I followed him, took him, and picked this handkerchief up—I did not see how it was taken out, it was done behind me—I could not
have dropped it—he begged I would let him go—he said he did not do it, it was not him—he persisted in it.
Prisoner. I was running, and was turning to hear what the cry of "Stop thief" was. Witness No, he was driving on as fast as he could, making through the narrow passage.
Prisoner's Defence. I never had the handkerchief in my hand; I never saw it till he came to the station.
GUILTY .* Aged 13.— Transported for Ten Years—Convict Ship.
MARY WINNINGTON . I keep the King and Queen public-house, in Distaff-lane. Between three and four o'clock in the evening of the 16th of November I was called down stairs—I looked into the bar, and missed a cash-box, which had been on a shelf in the bar about ten minutes before—this now produced is it—I had only bought it that morning.
Cross-examined by MR. BALLANTINE. Q. I believe there had been parties in the bar? A. Only the bar-maid—no man had been there—the parlour and bar do not join.
FANNY CLOWSER . I am the prosecutrix's bar-maid. I was coming out of the parlour, between three and four o'clock on the 16th of November, and saw the prisoner coming out of the bar—I said, "You have taken something out of the bar"—he said, "No, I have not"—I said, "Yes, you have, let me see what you have behind you"—I called Joe, meaning John Barton—when he came I told him the prisoner had been in the bar and taken something, but I did not know what—the policeman was sent for, and the box was round in the parlour under the seat—I had not seen the prisoner in the parlour.
JOHN BARTON . I was called, and saw the prisoner going from the bar-door to the parlour—he went into the parlour—he was drinking with two more in the parlour—I went in to see what he had taken from the bar— the other two ran past me, and ran out—he was following them—I caught him—the cash-box was found under the seat, close by where they had been sitting in the parlour.
Cross-examined. Q. Had you seen these two men sitting in the parlour? A. Yes, not ten minutes before—these two men rushed past me—I am not the only person who serves.
GUILTY . Aged 23.— Transported for Seven Years.
RICHARD SMITH . I am a clerk in the Custom-house. I was walking down East cheap, on the 18th of November, at about a quarter before nine o'clock in the morning—I put my hand into my pocket and missed my handkerchief—I heard a shouting behind me of "Stop thief"—I turned round and saw Buckland running after a young man—I walked after them—when I walked down Little St. Mary-at-Hill, I saw my handkerchief in Buckland's hand—this now produced is it—it is mine.
JAMES WARWICK BUCKLAND . At a quarter before nine o'clock I was passing, and stopped at the corner of St. Mary-at-Hill to let the prosecutor pass, and as he passed I saw the tail of his coat fall out of the prisoner's hand, and in the other band was a silk handkerchief—I followed him down St. Mary-at-Hill, and took him—when he got half-way down he threw down the handkerchief—I took it up.
Prisoner's Defence. I heard the cry of "Stop thief" and ran on one side; I saw a mob of persons, and then a man stopped me.
GUILTY . Aged 16.— Confined Six Months.
JOSEPH BROWN . I am a waiter, and live in Chicksand-street, Brick-lane. At half-past seven o'clock, in the morning of the 17th of November, I was at the picture-shop, at the corner of Cornhill—the policeman came up and showed me my handkerchief—I felt, and it was gone—this now produced is it.
WILLIAM SMITH (City police-constable, No. 558.) I was watching the prisoner about ten minutes—I saw him sound several gentlemen's pockets—the prosecutor came up and got in among the crowd—the prisoner fol-lowed him, lifted up his coat tail with his left hand, and drew the hand-kerchief out with the right—directly he got it, and was doubling it up, I took him, tapped the gentleman on the shoulder, and spoke to him.
Prisoner. It was a lad beside me that drew the handkerchief and dropped it; I took it up. Witness. I saw you draw it with your hand.
Prisoner's Defence. I was going on an errand to Whitechapel, and saw the lad pick the gentleman's pocket and drop the handkerchief; I took it up.
GUILTY . Aged 17.— Confined Three Months.
GEOROE BAKER (City police-constable, No. 58.) At half-past seven o'clock on the evening of the 25th of November, I was in company with Starling—I saw the two prisoners, they went up towards Temple-bar—they returned, and followed a gentleman—Sullivan put out his hand, and took this handkerchief from the gentleman's pocket, and gave it to Ay-ton—as soon as he took it, I seized him with it—I sent after the gentleman, but he did not return—I have not been able to find out his name—there is a hole in the handkerchief—I found another handkerchief on Ayton.
FRANCIS STANWAY (City-police constable, No. 311.) I was in company with Baker—I saw the two prisoners together—Baker beckoned me—I went, and took Sullivan—he took Ayton, and took the handkerchief from,
his breast-pocket—we sent an officer after the gentleman—he could not make out which the gentleman was—I have not made out his name.
Ayton's Defence. They sent after the gentleman, and he said he had not lost any thing. Witness. No, he did not.
Sullivan's Defence. I met Haydon at half-past four o'clock—he asked me to take a walk, and he bought the handkerchief going along of a Jew.
Ayton. I bought the handkerchief for 4s. 6d.
SULLIVAN*— GUILTY . Aged 19.
AYTON*— GUILTY . Aged 18.
Transported for Ten Years.
JOHN SIMMONDS . I live in King William-street, London-bridge. The prisoner was in my employ—it was his duty to collect the money I sent him for—if he received 14s. 8d.—from Mr. Cameroux, he has not paid it me—or 6s.—from Mrs. Rouse, he has not paid that—it was his duty so to do immediately on receiving it.
Cross-examined by MR. DOANE. Q. Had you a character with him? A. Yes, from his aunt.
GUILTY . Aged 18.—Recommended to mercy.— Confined Three Months.
JOHN JAMES KIRKMAN . I live with my father, in King William-street—about one o'clock on the 9th of November, I was going up Cannon-street towards King William-street—I turned round to look for a friend, and the prisoner passed me—I felt a violent pull at my handkerchief, in which I had a pin—I immediately looked, and it was gone—I ran after the prisoner, collared him, and accused him of stealing it, which he denied—a person came up, and said he bad seen him throw something glittering away—he went to look, and found the pin—it was mine—the prisoner tried to make his escape when he heard it was found.
Cross-examined by MR. DOANE. Q. There was a great many people in the street at the time? A. Yes.
JOHN CAREY . I live in Newcastle-street, Whitechapel. I was passing the end of Martin's-lane—I heard the prosecutor say, "The fellow, or the man, has got my pin"—the prisoner attempted to run, but the prosecutor prevented him—I saw the prisoner throw something from his left hand down St. Martin's-lane—I went and searched, and the pin was found by a little boy, who gave it to me.
Cross-examined. Q. How near were you to the prisoner? A. Three or four yards—there were many other persons there.
NOT GUILTY .
MR. BODKIN conducted the Prosecution.
silk and trimming manufacturer, in Watling-street. The prisoner was errand boy there also—on the 5th of November, I went to the cellar about half-past six o'clock in the evening, I took a candle to look for a cat—I found a hole in the floor—I saw some bobbins through the hole—I went up stairs, and told the porter what I had seen—Mr. Edgecombe and the porter went to the hole and pulled out some bobbins of silk in a handkerchief—the prisoner was not there—he came in in about an hour.
Cross-examined by MR. PRENDEROAST. Q. You did not find the handkerchief? A. No, I saw it found by Bentham.
HENRY BENTHAM . I am porter there—Harris called my attention to the cellar—I and Mr. Edgecombe went down—I found some bobbins with silk on them, and a handkerchief with some empty bobbins in it—they were under the boards, concealed from sight, unless you looked particularly—I was present when the prisoner returned.
Cross-examined. Q. Had Harris taken any bobbins out? A. Only one—he did not bring up any thing with him.
JAMES HENRY FELLOWS . I am foreman to Mr. Edgcombe. I remember the prisoner coming in on the day these were missed—I showed him this handkerchief in the warehouse, which was pulled out with the bobbins where the hole was—we asked him whether the handkerchief was his—he seemed to hesitate, and said it was not his—I took him down stairs and asked him if he knew any thing about the bobbins there—he denied all knowledge of them—I called in Cole, and gave him in charge—he was searched, but nothing was found relating to this inquiry.
Cross-examined. Q. Did he ever say the handkerchief was his? A. He seemed to hesitate—he looked at it—he took it in his hand four or five minutes—I am quite sure this is the handkerchief.
— HOPKINS. I am the prisoner's mother. I never saw this handkerchief before I saw it in the policeman's hand.
NOT GUILTY .
GUILTY . Aged 15.— Confined Six Months.
33. JOHN SHANDLEY was indicted for stealing, on the 22nd of November, 3 1/2 lbs. of butter, value 3s. 6d. the goods of Daniel Elliot; and that he had been before convicted of felony: to which he pleaded
GUILTY . Aged 16.— Transported for Seven Years—Convict Ship.
WILLIAM TRINDALL . I am a coachman, living in Church-street, Hack-ney. I was in the City, and had a cape safe on my horse's back, on the 24th of November—I saw the prisoner take it at a quarter past four o'clock—I took him, and gave him into custody with it under his arm.
Prisoner. I picked it up under the horse's feet. Witness. I saw him take it off the horse's back.
GUILTY . Aged 17.— Confined Three Months.
JOHN PRING . I am a medical student, living in Windsor-terrace, Trinity-square, Southwark. About eight o'clock on the 18th of November, I was on Ludgate-hill, and felt a twitch at my pocket, I turned and saw my handkerchief in the prisoner's possession—he threw it down—I took him, and gave him in charge of a friend till the policeman came—I do not know what became of the handkerchief—I did not pick it up—I am sure it was mine.
GUILTY . Aged 19.— Confined Three Months.
CATHERINE BIRD . I am the wife of David Bird, a plumber and glazier, we live in Swan-street, Minories. The prisoner was occasionally employed as his servant—about ten o'clock at night, on Thursday, the 18th of November, I and my sister were sitting in the front room second floor,—I heard a noise—we went into the passage with a candle, but could see nothing—we went to the front window, and heard a noise over the roof—a young man went out and found a basket, which the prisoner had fetched away in the morning—he looked out, and found the prisoner standing on the right, between the two attic windows—I asked him what he did there, and told him to come in—he was two or three minutes before he came in—I gave him in charge—the house is Edward Heffy Ferne—I had seen the lead safe shortly before.
NATHANIEL MOUNTFORD . I am a painter and glazier, and live in Derby-street, Cartwright-square. I searched the proof, and found the tiles all disturbed—I went to the front, and found the prisoner between the two attic windows, trying to conceal himself—I told him to come in.
HERBERT GODWIN (City police-constable, No. 545.) I found this lead on the top of the attic-window—it had been cut off from the top of the window—I opened it, and compared it to the place, and it fitted exactly—it appeared to have been recently cut—there was no knife found on the prisoner.
Prisoner's Defence. I was in the street—a boy came and said there was a person on the top of the house—I found there was—I went out, round by the attic-window, and the young man said, "Come in, we have got you now"—I said, "What do you mean?"—they said, "We will let you know."
(The prisoner received a good character.)
GUILTY . Aged 30.—Recommended to mercy.— Confined Six Months.
OLD COURT.—Wednesday, December 1st, 1841.
Third Jury, before Mr. Common Sergeant.
37. CHARLES WILCOX was indicted for stealing, on the 23rd of October, 1 book, value 3s., the goods of the Trustees of the British Museum. —2nd COUNT, stating it to belong to Sir Henry Ellis, Knight.—3rdCOUNT, stating it to be the property of our Lady the Queen—4th COUNT, stating it to be the property of a person whose name is unknown.
MR. BODKIN conducted the Prosecution.
ANTONIO PANIZZI . I am one of the librarians of the printed books in the British Museum—Sir Henry Ellis is principal librarian, and has the custody of every thing there. I have seen the prisoner there—I did not know him as a person reading in the library at the Museum, before Saturday the 23rd of October—I saw him there about two o'clock that day—something had reached me, which directed my attention to him particularly—about four o'clock I was told he was leaving the Museum—I went up to him as he was going out at the door, and told him I wanted to speak to him—he came with me into the library—I had two books in my hand out of three which he had had—I said, "You had three of these books, and have returned two, what have you done with the third?"—he said he did not know, he might have forgotten it, left it on the table, or some-body else might have taken it away—he wanted to go and look for it—I said, "No, we must find the book first"—he then said, "Why, if it be lost, I will pay for it"—I said, no, that would not do—he then said, "Do you suspect me?"—I said it was very awkward, he had had some of our books, and I mentioned two which be had had, one on the 24th of July, and another which he had had two or three days before, which were both missing—he said he knew nothing about them—I had sent for Sir Henry Ellis, who presently arrived—I then said to him, "This gentleman has had three books, there are two here, and he says he knows nothing of the third"—Sir Henry Ellis said to him, "What have you to say?"—he denied it again, and Sir Henry said, "Go for a policeman"—I said, "I have already sent for one"—that was in the prisoner's hearing—he then said he wanted to speak to us alone—I said, "No"—he said, "You don't think I am capable of stealing books," or words to that effect—I said, "Well, it is no use, you have a book in your pocket now, and the policeman will find it there when he comes"—he then, after some moments' hesitation, produced the book from his pocket—this is it—it is one of the books belonging to the library of the Museum—we then went on and met the policeman, and we told the policeman to take him into custody.
Cross-examined by MR. PAYNE. Q. I believe it is contrary to the rules of the British Museum for any person to take a book home to read? A. Certainly—the attendants in the library were present at this conversation with the prisoner—I do not know whether they heard it—they were at some little distance—I do not know which pocket the prisoner took the book from—he had a great coat on, and he put his hands under his great coat—I am certain it was taken out of his pocket, because it was not visible before, and I saw the motion of his hand about his pocket—the fourth volume of Carlisle's Miscellany is now in the Museum—it was once absent, at least we could not find it, and it was afterwards found in the Museum.
MR. BODKIN. Q. When was that? A. On the Wednesday or Thurs-day before the Saturday when the prisoner was taken—I cannot say whether that book left the Museum or was mislaid about the premises, but we could not find it before, and we did not find it afterwards.
I gave him three volumes of the Standard Novels to read—the book produced was one of them—from something I had been told I took particular notice of what I did with the books.
MR. PAYNE called—
REV. EDWARD HOLMES MORGAN . I am curate of Ecclesfield, near Sheffield—I have known the prisoner ever since his first entrance at college, from October 28th to the present time—as far as I have known, his character for honesty has been perfectly good during that time—I was in London from the 2nd of October until the 9th—I saw the prisoner on the 4th at his lodging, and he of his own accord showed me the fourth volume of Carlisle's Miscellany as a book belonging to the British Museum, and afterwards in the street, he showed it to me again.
NOT GUILTY .
Before Mr. Baron Alderson.
38. CHARLES WILCOX was again indicted for stealing, on the 20th of July, 2 books, value 3s., the goods of the Trustees of the British Museum.—2nd COUNT, of Sir Henry Ellis, Knight.—3rd COUNT, of our Lady the Queen.—4th COUNT, of a person unknown.
MR. BODKIN conducted the Prosecution.
ANTONIO PANIZZI . On the 23rd of October the prisoner was taken into custody at the British Museum—before that two books called "The Hunchback of Notre Dame" and "The Baronet" were discovered to be missing from the library—those now produced are them—they are the property of the Museum—it is usual to affix marks on the books belonging to the Museum—there is generally a mark put on the title-page—this book, "The Hunchback" bad three tide-pages, being in a collection, and in one of them was a mark, and that title-page is torn off—another stamp was also put at the end of the book, and that is also torn off—the "Baronet" has also the appearance of having had the title page torn out—I see no alteration of any thing at the end—the two books are worth about 5s.—in consequence of a communication made to me by some of our officers I went to Mr. Hewitt's, a bookseller in Holborn, and found "The Baronet" on a shelf there—the other volume bad been brought to me previously.
Cross-examined by MR. CHAMBERS. Q. How do you know these two books were missed? A. We keep an account of the books—when books are given out, the reader gives a ticket, we copy that ticket, and an attend-ant keeps it—it was from information I received that I knew the books were missing—an attendant named Turner, I believe, gave me the information—he is not here—there are no particular bookcases appropriated to certain attendants—they all do the same duty—the stamps are put on the Museum books in the secretary's office—there are generally two stamps affixed to them, but sometimes one—the stamps are generally affixed on the back of the title-page and at the end of the volume—I could show you the fellow volumes to this book with the stamps on—there is no stamp affixed to the pages of these books—it is done on some—it is done when the books go to the binders—these books had been to the binder's long before I was in my present situation—there is the appearance of a title-page being torn out of one of these books.
MR. BODKIN. Q. Is Sir Henry Ellis, as principal librarian, the person in whose custody all the property in the British Museum is placed? A. Yes.
MR. CHAMBERS. Q. How do you know that? A. From the Act of Parliament.
COURT. Q. When you found these books at Hewitt's, did you go to the library and see that those volumes were away? A. Yes, both.
MARTHA JAMES . I live at No. 8, Barton-street, Westminster—the prisoner lodged at my house—I remember in October last, Mr. Panizzi and Lester an officer, coming there—I showed them the room occupied by the prisoner.
ROBERT LESTER —I am a policeman—I went to No. 8, Barton-street, Westminster—on the 23rd of October, after the prisoner was taken into custody, I went into a room pointed out by Mrs. James—some Museum reading tickets were found there, which Mr. Panizzi took possession of.
MR. PANIZZI re-examined. Here are the two tickets which I took possession of in the prisoner's lodgings among others—they are request tickets presented by parties for books which they wish to read in the Museum—(the tickets which were here read alleged that the books in question were delivered to the prisoner)—when a reader asks for a book he presents this ticket, and when he returns the book the ticket is re-turned to him—they are printed forms ready in the library—this ticket referred me to that part of the library from which I missed the volume.
NOAH HEWITT . I am a bookseller, and live in Holborn—I purchased these two books of the prisoner about five months back I should suppose, or between four and five months—I gave him 3s. 6d. for them—they are odd volumes of works, but each contains a complete tale in itself—I did not notice the state of the title pages when I bought them—they are in the same state as when I bought them—I gave them up to the officers of the British Museum.
Cross-examined. Q. How long have you been in business as a book-seller? A. Three years—I buy a good many books, sometimes in lots—I buy almost any class of books—sometimes at sales, in lots—I occasionally enter in a book the name and address of persons of whom I purchase, if I suspect the party, not otherwise—I had purchased of the prisoner four or five times before—I certainly could not tell who I buy every book of—if I buy only one lot of a person I do not suppose I could, unless it was something very particular—I have about three thousand volumes in my shop—I have a daily sale—a person from the Museum came and asked if I had got this volume, "The Baronet," and I produced it—he went back to the Museum, and Mr. Panizzi came and had the other—they then took me to the prisoner—he was placed among ten or twelve others, and I pointed him out, as knowing him.
MR. BODKIN. Q. Did you take the prisoner's address? A. I had his address, but am not able to find it—I have not the slightest doubt of his being the person.
MR. PANIZZI re-examined. The press marks still remain on the books, and here are the corresponding marks on the tickets, B. 635, C. 764.
GUILTY . Aged 23.— Confined One Year.
(There were two other indictments against the prisoner.)
MESSRS. HILL and BODKIN conducted the Prosecution.
JAMES PASCALL . I am treasurer of the parish of St. James, Clerken-well, and am one of the guardians of the poor—there are sixty-three guardians—I was one in 1838 and 39—I have been so ever since—the prisoner was a clerk in the office of Mr. Selby, the vestry-clerk, and was employed by the board to collect monies—the book now produced is the minute-book of the Board of guardians—here is the minute—(reads)—"31st August, 1830, Resolved that Mr. James Hill be collector of bastardy debts from Michaelmas-day next, for one year, at the usual commission, and that he pay over to the treasurer all monies he may receive when the same amounts to 20l."—he took on himself the duty of collecting those debts—on the 11th of October, 1831, there is the following minute—(reads)— "Resolved that Mr. Hill be collector of monies on orders of affiliation, and for boarders in the house, for the year ensuing"—he continued to act after this resolution in the same employ down to August in the present year without any fresh appointment—it was his duty to enter in the ledger produced, all monies due to the parish for the support of bastard children, on the debtor side, and of all he received on the creditor side—it is a debtor and creditor account—his accounts were occasionally audited by members of the board—I believe the whole of the entries in the account of John Hard are in the prisoner's handwriting, except this entry of the balance due at the bottom—the last sum he admits to have received, is dated June, 5l. and 3l., and it is entered in one sum in the column, 8l., September 10th, 1838—there is no other entry after 1838.
Cross-examined by MR. CLARKSON. Q. Have you read the whole of the resolution relative to his appointment? A. Yes—the next entry is, "The clerk (Mr. Selby) engaged to be accountable for Mr. Hill's paying in all monies he may collect by virtue of the above appointment"—Mr. Selby is an attorney of considerable business—the parish business is extensive—the prisoner was chiefly engaged as clerk to the workhouse—there is the same entry at the end of the resolution of October, 1831—I believe Mr. Selby has not been called on to account for this—our parish has sustained a great many fosses—the last defalcation was, I believe, upwards of 10,000l.—two years and a quarter expired without auditing the prisoner's account, I believe that was in consequence of an alteration in the bastardy laws—I was present when Mr. Selby was called on to account for about 700l.—it was not on account of this deficiency.
Q. Have you ascertained the prisoner's deficiency to be about 45l. in bastardy cases? A. I should say some hundreds—I have no hesitation in swearing that my belief is, that it is more than 100l.—Mr. Selby resigned the office of clerk to the guardians in July or August this year —it was about the time of this inquiry other cases were mentioned—that may not have been his inducement to resign—there were large sums in the poor-rates stated to have been paid by the broker to Hill, who denies receiving some of them—he admits a great portion.
Q. Was the prisoner in the habit of paying considerable sums on the general account of the parish to the mothers of bastard children? A. Not by order of the board—I believe lie did of his own choice pay certain individuals for several years—I knew he made such payments occasionally—I never saw any account of them, but I have seen him pay women, and
understood he had received it from the parties for them—I do not know who he received it from—they were not people who had order made on them by the Board—I know nothing of his receiving there money from putative fathers of children—I have seen women come to ask if he had received money from the fathers of their children—he has sometimes said he has received nothing for them, and at other times paid them money, but these were not monies received under orders of affiliation, or they should have been handed over to the guardians—this had nothing to do with the accounts—I heard from the prisoner of his debiting himself with money as received for a boarder, which he had not received—I believe Mr. Selby has since received that money—I have not desired him to retain it—he has reported that he has paid it to the parish bankers—I believe it was above 50l.—the prisoner had debited himself with money which he stated afterwards he had not received—money was sometimes received at the gate for bastardy cases—I did not direct Mountstevens the beadle to retain 6l., said to be due to him from the prisoner—I did not know of his owing him money till recently—there are two entries to Cameron of 5l. 10s. and 10l. 5s., which he credited the parish for—I afterwards understood he had not received it—that is what I alluded to before—I asked the prisoner why he entered monies he never received—his answer was, he had been negligent in his duty, and thought proper to put those entries in to cloak any neglect—I gave the prisoner into custody in St. John-street-road on my own authority, conjointly with two or three acting as a committee—Mr. Bezley and Manton, two of the committee, were with me.
MR. HILL. Q. What were the circumstances of his paying women money? A. I have seen females apply to him to know if the fathers have paid money which was due—he sometimes said he had received them, and sometimes not—when there are orders of affiliation, the weekly payments are entered in the pension-book—when the fathers neglect to pay, the committee lessen the amounts to be paid the women till the fathers pay up—Hill should report it, and then the full pension is paid, but whether it was these cases or others I do not know—men occasionally disagree with their wives, and pay money in for them—there is a regular debtor and creditor account with persons having orders of affiliation on them—I have seen him pay money—I do not know for what purpose—I should think the majority of those cases were women having disputes with their husbands, and the money paid in at the gate, not bastardy cases—I have seen him pay money to women—I cannot say whether they were cases of orders of affiliation or not.
JOHN HARD . I have been in the habit of paying money to the parish of Clerkenwell for a child—here is ray book in which the payments were entered at the time I made them—on the 23rd of July, 1839, I paid 10s. at the gate to the person whose initials are entered against it in the book—on the 20th of August I paid 10s. to the prisoner—he has put his initials in my book—on the 15th of October I paid 10s. to Kemp, the gate-keeper—between that and the 9th of June, 1840, I have made twelve payments.
Cross-examined. Q. Have you made any payments to Hill since the 15th of October, 1839? A. Except the three or four which were paid Hill, they were all made at the gate—one was on the 19th of August, 1840—that is the last I paid him—there was an order of affiliation on me—Hannah Williamson was the mother of the child.
well workhouse. I kept the hook now produced—on the 15th of October I received 10s. from Mr. Hard, which I passed to the prisoner, who has put his initial to it in the book—I cannot say when I passed it to him—I was in the habit of receiving money for him—it was sometimes a fortnight or three weeks before I paid it to him—he would account with me for what I paid, put his initials to the book, and the balance was paid—I kept a slip of paper on which I entered what I received and paid—that paper was left with Hill—I can only say I paid him the balance with the slip of paper—the initials to the book are his handwriting—I can undertake to say I paid this particular sum to the prisoner before Christmas.
Cross-examined. Q. You were a poor man in the workhouse? A. Yes, and am now—I was employed to keep the gate, and received money if Mr. Hill was out of the way—I had an allowance from the parish for keeping the gate, but not for receiving the money—it was for gate duty.
Q. Did you make payments on account of the parish out of the sums you received for Mr. Hill? A. Some belonged to people whose wives came and took it again; some belonged to the parish; some payments I made as Hill directed me—I did not pay any money to the mothers of bastard children that I know of—they were so by their appearance—I charged that to Hill—I kept the account, and paid him the balance sometimes in a week, sometimes in a month—if he was in the house when they brought money I gave it to him—he was most likely not in the house when I received this—I cannot say when I settled with him, nor what balance I paid him—I cannot swear I paid him 10s. on the balance—he has paid me a balance at times, and I cannot say he did not on this account, or whether I paid him one—I do not know whether the guardians knew of my receiving money—the books were open to every one—they came to the house—I have no doubt Mr. Pascall knew it—I commenced the duty in April, 1838—Meredith preceded me—I do not know whether he received and paid money—I have paid a woman named Kelly money for a bastard child to about 5l. I paid her 2s. weekly—there was sometimes a stop—I believe she was not a married woman—Hill at times told me not to pay her, and when she has come again he has said I might pay her—I never received money for her from the father—Hill authorised me to pay it out of money I received—I have paid Brown and Gale money, not for bastard children, it was a deserted case—I did not account to Hill for that—Brown had 2s. 6d. a week—I did not receive that from Hill.
CHARLES BARRETT . I was gate-keeper at the workhouse in July, 1839. Here is an entry of 10s. in Hard's book, on the 23rd of July, with my initials against it—I received that, and have entered it on that day in this other book—I paid it to Hill—his initials are against it, as an acknowledgment he always gave me.
Cross-examined. Q. How did you settle accounts with him? is that the general gate-book? A. It contains an account of money paid exclusively to Hill's account, and some paid in for parties who applied for it—both accounts are kept together—I received 1s. a week extra for what I did, and meat daily—I accounted to Hill for this 10s. the first opportunity that presented itself—it might be the same day, or a day or two after—it was within one or two days—I cannot say how much I paid him altogether— I did not make any payment out of it for Hill, and deduct it—I cannot say I gave him precisely the same money—I always put the money in a
paper by itself, with the name of the party it came from, and the date—I was not examined before the Magistrate.
MR. HILL. Q. You put the money in paper? A. I made it a role to do so—I gave it to Hill.
WILLIAM LOVEL . I am one of the guardians of the poor of Clerkenwell, and acted as auditor of the prisoner's accounts in June, 1840. Here is the book in which the audit was taken—the entries are in the prisoner's handwriting—it was furnished to the auditors on the 9th of June, 1840.
(This account was put in—it did not contain the amounts referred to in the evidence—there was entered to Hard 5l., 3l., total 8l.—the total amount entered as received from Hard was 25l. 15s., and the amount paid by him, entered in his book, was 35l. 10s.
MR. LOVEL. I and the auditors went through the book, and checked it with the sums entered as received in the ledger—I looked at the side on which he discharges himself of the total amounts—I saw it was correct according to the ledger—the two last items in the account were discovered as omitted in the former ledger, and added at the audit—this contains all Hill admitted to have received up to June, 1840.
MR. PASCALL re-examined. I produce the pension-book for 1838 and 1839—Hannah Williamson's name is entered here—these are entries of payments to her made by the board without the intervention of the prisoner—the last payment was entered in April, 1839.
MR. CLARKSON. Q. Do you know that, except by the books? A. No—I very probably made some of the payments myself.
MR. BODKIN. Q. Do you find an entry in the prisoner's handwriting at the time of payment? A. Yes—it is April, 1839, "In the House"—that denotes that the party was taken into the house, and the payments ceased—the child has been in the house ever since, supported by the parish—the payments had ceased to the mother, and the parish received them.
Cross-examined. Q. Were you examined before the Magistrate? A. No.
MR. CLARKSON called—
GEORGE SELBY . I am vestry-clerk of St. James, Clerkenwell, and have been so twenty-five years—I was clerk to the board of guardians, and have resigned within a few weeks—the prisoner has been my clerk for fourteen or fifteen years—he had a great variety of matters to attend to—his duties were multifarious—I remember his being appointed, by a resolution of the board, in 1830, as collector of bastardy debts—he had a great portion of the business of the guardians to attend to under my direction—he was employed in my office in the workhouse in 1838, 39, and 40—it was part of his duty to collect the bastardy debts, if necessary—there was a person at the gate to receive small sums paid there—several cases of defalcation were mentioned to me by the board, and I was required to furnish answers—I applied to Hill for the answers—he was appointed to receive the bastardy dues—I have expressed myself willing to pay the guardians whatever sum his defalcations amounted to, whether legally or morally responsible—I was desirous of doing so from the first—I have, since he was charged with this, received money which ought to have passed through his hands—I received 18l. from Cameron, four or five week ago,
and passed it over to the parish account at the banker's—I received 10l., from Hill himself, which ought to have come from Duke—I have that sum—Mr. Pascall handed me a paper, and desired me to get written answers to it, knowing I could get them from nobody but Hill—the prisoner's conduct in my employ was so good, I could have confided any transaction to him.
COURT. Q. Was he careless in business, or careful with his accounts? A. In all the accounts I have had to do with, he has been correct to a farthing.
MR. CLARKSON. Q. Had he to go to the sessions in the country, to attend legal cases? A. Yes, all over the country—his duties were heavy.
MR. HILL. Q. Did you recommend him to this anointment in 1830? A. No, it was the spontaneous act of the board—I immediately said, "Gentlemen, I guarantee," I thought him strictly honourable—I knew the duties of the situation—since the change in the poor law, the bastardy cases have been fewer than formerly—it was never part of my duty to keep the accounts of the house—his accounts with me were kept accurately.
Q. Were they accurate in the other sense of the term? A. Very—there was no default in them—I am not aware of a single default in my accounts—the broker's account is not mine—I certainly know from him that he is a defaulter on the broker's account—I never could ascertain the amounts—I have heard him state it could not exceed 100l., and at the same time he stated there were outstanding money he could receive to meet it, and there would not be any large defalcation.
Q. Do you mean to say you have never objected to pay the defalcations of the prisoner on the bastardy account? A. I have never been asked the question, that I am aware of, till a few days ago, when Mr. Pascall was in my office relative to the broker's account—then the question was put to me, whether I intended to pay the defalcation of the bastardy account, and I said I do not conceive I have any thing to do with them.
Q. What did you mean by saying you were ready to pay, &c.? A. That was what I intended at the time these observations were made, that any defalcation of his I meant to be answerable for, and would have paid it—I have not changed my mind, but have been required to pay a large sum of money more than I believe he has received on the broker's account—I cannot say now that I intend to pay the bastardy account, but I always did till this course was taken, and I am required to pay about six times more than I am aware he has received.
MR. CLARKSON. Q. You got from the prisoner the fact that he was in arrear about 100l. on the broker's account, and there were outstanding claims to meet it nearly; was that part of the conversation you had with him, in consequence of directions to get answers from him in writing? A. It was before that—it was in the presence of Mr. Pascall and Mr. Lovel I entreated of him to give an account of every thing he had received—I stated over and over again I would be answerable to the board, and everywhere else—Mr. Pascall came to me to know how much out of the 700l. they said I ought to pay, I was disposed to pay, and then I stated I was disposed to pay a much larger sum than then it appears to me Hill received from the broker.
(Several inhabitants of the parish deposed to the prisoner's previous good character.)
GUILTY .— Confined Two Years.
(There were other indictments against the prisoner.)
41. WILLIAM CLARKE was indicted for burglariously breaking and entering the dwelling-house of Frederick William Hale, about the hour of ten in the night of the 2nd of November, at St. Andrew, Holborn, with intent to steal, and stealing therein 1 watch, value 3l., his goods—2nd COUNT, stating it to be the dwelling-house and watch of William Barrett.
WILLIAM BARRETT . I live at No. 86, Fetter-lane, in the dwelling-house of Frederick William Hale, in the parish of St. Andrew, Holborn. About a quarter before ten o'clock on the night of Tuesday, the 2nd of November, I was in my shop writing, and heard a pane of glass breaking in the shop-window, in which were watches and jewellery—I could see the hand of a man in the window among the watches—I could see the man as well—two watches disappeared at the time the hand came in at the window—I ran out immediately, and found the prisoner outside—no one else was near—I found one of the watches knocked down inside the window—I could not find the other watch—I have seen it since.
Prisoner. He did not see my hand in the window, it was never near it—if I had broke the window with my hand, it would have been cut all to pieces, but it was not cut at all.
SAMUEL PITMAN . I was standing on the opposite side of the street—I saw the prisoner shove his fist through the window, heard a noise of breaking, and saw Barrett come out of the shop and seize him—there was a female not very far from the place, but no one else, and no other person's hand could have gone through the window but the prisoner's.
(Property produced and sworn to.)
GUILTY * Aged 46.— Transported for Ten Years.
Second Jury, before Mr. Recorder.
GUILTY . Aged 14.— Judgment Respited.
43. SARAH ADNETT was indicted for stealing, on the 29th of October, 1 shawl, value 8s.,; and 9 yards of printed cotton, value 3s.; the goods of William Edmund Champion : also, on the 2nd of November, 1 shawl, value 10s., the goods of William James Stevenson : also, on the 2nd of November, 10 yards of mouslin-de-laine, value 7s. 9d., the goods of Charles Hyatt Bowers ; to all of which she pleaded
GUILTY . Aged 25.— Judgment Respited.
44. CATHERINE CONNELL, alias Mary Beale , was indicted for stealing 1 handkerchief, value 2s., the goods of James Stewart Wallis; and that she had been before convicted of felony; to which she pleaded
GUILTY . Aged 16.— Confined Six Months.
GUILTY . Aged 22.— Confined Six Months.
JOHN FREDERICK DOWDING . I am clerk to Fisher and Robinson, lace-manufacturers. On the 18th of November I was at the paid-window of the post-office, and somebody called out behind me—I felt my pocket, and missed my handkerchief, which I had used shortly before—I turned round, and saw it in the constable's hands—that now produced is it—I know it by the pattern.
Prisoner. I did not take it—I had a letter to put into the post-office, and as I came out I picked up the handkerchief.
ROBERT TYRRELL . I am an officer employed in the Post-office. On the 18th of November I saw the prisoner near the paid-window—there was a crowd of people in front of the window—I observed him pushing up, and as he had no letter in his hand, I watched him, saw his elbow move, and suspected he was at some gentleman's pocket—I pulled him out by the collar, put my hand under his jacket, and pulled out this handkerchief—I called out to know if any gentleman had lost his handkerchief—the prosecutor turned round and said, "I have"—he was in front of the window, and the prisoner close behind him—there were seven or eight persons there paying for letters—I am quite certain he had no letter—he said he had a letter, and I asked where it was going to, and where did he bring it from.
Prisoner. A gentleman gave it to me to put into the post.
GUILTY . Aged 18.— Confined Six Months.
47. JOHN DOYLE was indicted for stealing, on the 8th of November, 1 wooden-bowl, value 1d.; 1 gallipot, value 1d.; 1 shilling, 1 sixpence, 3 pence, 6 halfpence, and 40 farthings, the property of William Burrell.
ANN BURRELL . I am the wife of William Burrell, who keeps a bottle-warehouse in Lee-street, Burton-crescent. On the afternoon of the 8th of November, I found the prisoner behind our counter, near the parlour-door—he was stooping, with his back to me, as if tying his shoe—I repeatedly asked what he wanted—he made me no answer—I followed him out of the shop, calling, "Stop thief—on coming up with him I heard a very loud noise as if something broke—when he was stopped I looked down an area, and there saw part of the gallipot broken, with some farthings, halfpence, and pence—I had had some farthings in a gallipot behind the counter in the till drawer—there had been about 18d. in silver in a small wooden bowl in the till—I saw the bowl at Hatton-garden—the policeman found it on a chair just by the drawer in which the money was kept, and a halfpenny in it—the officer came up and took the prisoner—I had hold of him myself at the time—before he got to the station the gallipot was picked up,
and given to the officer—he did not leave go of the prisoner—forty farthings have been found, three penny-pieces, and six halfpence—he must have come five yards into the shop to get to the drawer—a customer has no business there—the officer also produced one shilling and sixpence at the office.
JOHN PARKER (police-constable E 5.) I was up stairs at my lodging, I heard a cry of "Stop thief" and saw the prisoner running by, and Mrs. Burrell after him—just before he was stopped, I heard a noise, and saw the prisoner stop opposite the area, where the money was found—the noise was like breaking of glass—the prisoner was stopped when I came up—a woman in the area picked up several farthings and halfpence, and gave them to me—I have kept them in my possession—the pieces of the gallipot are here—I took the prisoner to the station, went back to the area, and found some more farthings—forty, altogether, were found—I afterwards found a halfpenny on a chair in the prosecutor's shop, and a small wooden bowl—I found a duplicate, 1s. 6d. in silver, and 5d.—in halfpence, on the prisoner—he said it was the money he had pawned his waistcoat for—the duplicate was for 2s. 6d.—the woman accused him, before me, of being in the shop—he said he had not been in the shop—he desired me to let him go, and said I had no business to stop him—I had been looking from a window at the time, and saw the prisoner stopped—I heard the noise as he turned his back to me—no one else was near enough to have done it—the galli-pot was broken.
Prisoner's Defence. I pawned my waistcoat for half-a-crown; I spent 3d. in meat, 2d. in bread, and 2d. in coffee; I was going to my mother's, in Somers-town, in hopes to sell some fruit and passing the shop, heard a cry of "Stop thief!" a young man came up, and stopped me; I was taken into custody.
ANN BURRELL re-examined. The place where the prisoner was stooping was not a yard from the chair where the bowl was afterwards found—it stood close to the till—I did not lose sight of him from the time he ran out till he was taken.
GUILTY .* Aged 17.— Confined Six Months.
JOHN WIX . I am porter in the service of Robert Debenham and William Storr, auctioneers, King-street, Covent-garden, On the afternoon of the 8th of November, I was in the auction-room—I saw the prisoner there first about three o'clock—there was a coat hanging up at the further end of the room—the prisoner was near it—I watched him for an hour—I had occasion to go to the other end of the room, to put out three beds, and as I was coming back in a hurry, to keep watch on him, I saw him come along with the coat doubled up under his arm—I allowed him to go out into the street, then collared him, brought him into the office, and asked him about the coat—he said he had bought it for 28s.—I asked him the number of the lot—he pulled a catalogue out of his pocket, but he could not tell the lot—I said, "You have cut this coat down"—he said he had—I gave him in charge, went back to where the coat had been hanging, and picked up the ticket, and the string the coat was hanging by.
Prisoner. Q. Where did you first see me with the coat in my possesion?
A. Just by the fire-place, coming out towards the door, I met you; when I collared you, you were some three or four yards from the premises, in the street; you were walking leisurely along; you said at once that you bought the coat—I was about twenty minutes before I came to the station, I could not leave the business before—in the interim I looked round the room, and found we had lost a coat—I had this coat in my hand before I went to put out the beds—I suspected you, and went round the room to see if all the coats were safe—as soon as you were in custody, I went direct to the coat I suspected you were after, and found the ticket and string on the ground—the coat is worth about 30s.
JOHN PARK . I am sale clerk to Debenham and Storr—this coat was lot 41—the prisoner did not purchase or pay for it—it was sold to a person named Poseley for 2l., previous to the prisoner taking it—a deposit had been paid for it—we were answerable for it.
Prisoner. Q. A number of dealers frequent your room? Q. Yes—Some buy a great number of lots, and some re-sell their lots afterwards by agreement.
Prisoner's Defence. I came by the coat honestly—the second witness says a number of dealers frequent the room—I bought the coat of one of them—Wix said I carried the coat openly under my arm without any attempt at concealment, and stood near the person who had charge of the room—if I had stolen it, I should have avoided them, and I had time to make my escape, but walked quietly and leisurely along—the dealer I bought it of was an utter stranger to me, and I am unable to produce him to substantiate the truth of what I am now saying.
WILLIAM CHADWICK (police-constable F 2.) I produced a certificate of the prisoner's former conviction, from Mr. Clark's office—he was tried in the other court in September last—I was present at the trial—I took him into custody—he is the person described in the certificate—(read.)
GUILTY . Aged 23.— Confined Six Months.
FREDERICK ROBINSON . I am a clerk in the service of George Austin, of No. 25, Cateaton-street. On Saturday afternoon, the 6th of November, I was in the office—the prisoner came in, and wanted to know whether there was any orders left for a work, called "Views on the Rhine"—I was not aware that such a work had been left on approval—he said nothing, but left the office—in a few minutes he was brought back by Strickland, saying he had detected him taking a mackintosh, and directed me to take charge of him while he went to Mr. Austin—I had missed nothing.
JAMES WATSON STRICKLAND . I am in Mr. Austin's service. I was up stairs on the first floor, the same floor as the office—I saw through a door, which was ajar, the prisoner looking through the keyhole of the office-door, which he opened, and went in—he came out in about two minutes, and went up stairs without looking round at all—I watched him—he came down with a mackintosh and an umbrella—the mackintosh belonged to George Austin, junior, my master's son—the umbrella was lent to me—I was responsible for it—I stopped the prisoner
—he said, "What do you want?"—I said, "You have my master's mackintosh, and an umbrella"—he said, "Pray let me go"—I said, "No, I shall not"—I then opened the door, and asked him in, and told Robinson to detain him till I got a policeman—I locked the door, and took the key with me, leaving them together.
(Property produced and sworn to.)
(The prisoner pleaded poverty.)
GUILTY . Aged 23.— Confined Three Months.
EDWARD CHARLES CURTIS . I am a builder, in partnership with others, and live at Stratford, in Essex. On Saturday, the 30th of October, I lost some lead from a storehouse of ours, at the Eastern Counties' Railway, Shoreditch—the prisoner was in our employ—the lead belongs to us, as contractors for the company.
JOHN BEER . I am a watchman, in the prosecutors' employ. On Saturday night, about half-past nine o'clock, I was on duty, and saw the prisoner coming out of a stable with this piece of lead under his arm—it was kept about six yards from the stable, in store there—he had no business there—it was under lock and key—he had taken the key from another stable, because I saw him lock the door up where the lead was—he looked about as he came out, put it down, picked it up again, brought it about six yards, then he saw me, and ran away—I know the lead—I had seen it on the Friday.
Prisoner. I came through the skittle-ground; I did not come out of the stable; I was going after my shovel. How could he see me unlock the stable through a brick wall? Witness. There was no brick wall to prevent my seeing him—there was a hole in the wall, close by the stable-door—the men are in the habit of going through that to get some-thing to drink, but there was no wall between me and him—I was not more than six yards from him—he had no business on the premises at that time—he had received his wages—the shovel was not there—he ran away for nearly a quarter of a mile.
EDWARD CHARLES CURTIS re-examined. He was paid his wages on the Saturday night, about ten minutes past nine o'clock, and this happened about a quarter of an hour afterwards—I think he received 24s. 8d.
JOSEPH WILEY (police-constable H 44.) I saw the prisoner running very furiously, and Beer after him, crying "Police"—I ran after him about 150 yards, and stopped him—he was brought back—I saw the lead lying in the mud.
Prisoner. Q. Did not I give myself into custody, and say I had not stolen the lead? A. You said you had not stolen the lead.
Prisoners Defence. I never had the lead, and know nothing about it.
GUILTY . Aged 29.— Confined Twelve Months.
JAMES ROSITER . I am a trunk-maker, and live in Greville-street, Leather-lane. About half-past six o'clock, on the evening of the 5th of November, I missed a trunk, which I had seen about five minutes before—I ran down Fox-court, and found the prisoner just crossing the end of the court, with the trunk on his shoulder—I asked him where he was going—he said a gentleman had given it him to carry somewhere—I said, "You must come back with me, that story will not do"—he came a step or two, then chucked—the trunk down, and said, "Well, you shall carry it then"—he made a desperate struggle to get away, tried to throw me down, and knocked me against the wall—I gave him in charge—this is my trunk—my name is inside it.
Prisoner's Defence. I—was passing down Holborn, and a gentleman came up and asked me to carry the box to King's-cross; I carried it; the prosecutor came out of a court, and asked how I came by the property; I turned round, and said, "This is the gentleman that gave it me to carry." The moment the gentleman saw me taken into custody, he ran off; I put down the box; the prosecutor collared me; I did not try to resist, to get away, but turned round with the intention of detaining the party who gave me the box; I walked along with the prosecutor till we came to a policeman, and was given into custody.
JAMES ROSITER re-examined. I saw nothing of a gentleman walking by the prisoner's side—he pointed to no one who was with him—he was quite by himself—if another person had not come up, I should have been very much ill-used by him.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Six Months.
WILLIAM PARSONS (police-constable D 182.) I saw the prisoner in the Harrow-road, about half-past twelve o'clock, on the 1st of November, in company with two others—I watched them, and saw them look into several boot-shop windows—there are three boot-shops just going into the Harrow-road—I had seen them some time before; in fact, I had been watching them for a month, ever since I was on the beat—I saw the prisoner go into the shop of Mr. Garrett, a baker, and bring out four half-quartern loaves—he joined the others, and went towards the Irongate-wharf—I met them again—they saw me, and ran as fast as they could—I ran through a public-house, met them, and stopped the prisoner with the loaves—he was in the act of giving them to one of the others—I took him back to the shop.
Prisoner. I was not near the shop; I was at work at the time. Witness. It was about 100 yards from the shop where I took him—I could see them plain enough—the prisoner made great resistance.
JOHN HARDY . I worked for Mr. Joseph Garrett, the baker, and live at No. 43, Devonshire-street, Lisson-grove. This bread is Mr. Garrett's—I know it by the stamp on the top—it was missed, and found again in about half an hour.
Prisoner. The policeman asked him, when he met him, if he knew his master's bread when he saw it, and he said, "Yes"—he showed it him, and
he said it was not it, and when the policeman took him to the station, he was talking to the boy—the inspector afterwards asked him again, and he said, Yes, he said he knew it by a hole being bored on the top.
Witness. I did not at first say I did not know the bread—I said it was ours—I said I should know it by the mark—it had two holes in it.
Prisoner. The man that works at the bake house said at the office that he would not swear to the bread on any account, and when the policeman took me back to the shop, the woman there said she did not know whether the bread was hers or not.
WILLIAM PARSONS re-examined. The man said he would not swear to any bread, but I saw the prisoner go into the shop, and take it—the woman at the shop said she was not aware how much bread there was in the shop—Mr. Garrett was out at the time—there was no other baker's shop about there—there are two chandlers' shops who sell bread, but not near the spot—I cannot be mistaken in what I saw—I had been watching the prisoner for half an hour previous.
(The prisoner received a good character.)
GUILTY .—Aged 17.— Confined One Month.
HANNAH BUTLER . I am the wife of Samuel Butler, who lives at Uxbridge. The prisoner was occasionally employed by me to wash, and do household work—I had a sheet in a basket in the kitchen—I found a pawnbroker's duplicate in the house, which made me look at my linen, and I missed the sheet—the prisoner had been ironing that day—this is my sheet.
ANN NEWELL . I am the wife of Thomas Newell, a labourer. The prisoner brought this sheet to me, and asked me to pawn it for her, which I did—I gave the money and ticket to the prisoner—when I pawned it, I said who it belonged to, but they did not understand me—they knew me—the prisoner said she had it in the place of money for her work—she was not in liquor.
GUILTY . Aged 20.—Recommended to mercy by the Prosecutrix.
Confined Fourteen Days.
BORTON pleaded GUILTY . Aged 35.— Confined Three Months.
ANN BUXTON . I keep the King William the Fourth beer shop, in Ashley-street, St. Pancras. The prisoners were in my house on Saturday evening, the 6th of November—the prisoners were in company together twice that evening—after they went away the second time, I missed two glasses and some tobacco—the glasses produced are like mine, the same pattern—I cannot swear to them—I can speak to the tobacco.
and sat down along with me in the bar, and had several pints of ale—I did not drink with them the first time—they forced their conversation on me very much—I missed a glass the first time—they got up in an hour and wished me good day, and in about three or four hours they both returned—Stone challenged me to toss for half-a-pint of porter—I tossed, beat him, and fetched it—after we drank it I saw Borton take a glass and put it into his pocket—I saw Stone take some tobacco and put it into his pocket—they went out, and I called to the landlady—I went out, saw a constable, and told him—he ordered me to take charge of one while he laid hold of them— Borton took a glass from his pocket and passed it to Stone—I took it and gave it to the constable—I siezed Stone, and he took the tobacco from his pocket, struck me and cut my mouth open—I said to the policeman, "Spring your rattle or they will get him away," and further assistance came.
Stone. Q. What time was it when we first came into Mrs. Buxton's? A. About half past five o'clock, or it might be a quarter to six—the tobacco was not taken the first time—I missed a glass the first time—who took it I cannot say—I said I had missed a glass—I did not tell you so—when you came the second time I suspected and watched you—you sat on opposite sides, and took my attention all you could—Borton took the glass while you attracted my attention—I saw you take the tobacco off the shelf where I had placed it after filling my pipe—I should have made it known at once, but it is such a low neighbourhood—I gave information to the policeman—you struck me—the magistrate saw the place on my lip—it is not well now—if assistance had not come up you would have knocked me down—I said at the police-office you had struck me.
JOSEPH CARTER (police-constable S 140.) I received information from Harding, and followed the two prisoners down to Battle-bridge—I went in front of them and said they were my prisoners for stealing some tobacco from Mrs. Buxton—they said they knew nothing at all about it—I got hold of them, and saw the glass pass from Borton towards Stone, which Harding took from his hand—I then saw something pass from one of their hands, (I cannot swear which,) over into the hospital field—I afterwards procured a light, and saw a young man pick up the glass and a portion of tobacco—I gave it to Harding, who took; it to the station—the glass and tobacco laid both together—Stone said, "I am innocent of what my friend has done, I know nothing about it"—I did not see any blows given to Harding—there was a great crowd round us—I called Harding to assist me, and sprung my rattle.
Stone. Q. You took nothing from me? A. I did not.
WILLIAM SAMUEL HARDING re-examined. The tobacco Stone took was in such a paper as this—I picked up part of the tobacco in the scrummage, in a different paper—this is it—there was about an ounce and a half in it.
Stone's Defence. I am quite innocent of taking the tobacco and glass; Borton knows perfectly well that I had not the least idea of it; I was in company with him.
STONE— GUILTY . Aged 45. Confined Three Months.
NEW COURT.—Wednesday, December 1st, 1841.
Fifth Jury, before Mr. Recorder,
GUILTY . Aged 19.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
SAMPSON COPESTAKE . I am in partnership with two other persons, as lace warehousemen, in Bow churchyard—Susan Kembly is my house-keeper—the prisoner had been our groom—I parted with him about four months ago, but he occasionally came to the premises in Bow churchyard, to see the servants—the plate in the house is the property of myself and partners.
SUSAN KEMPLY . I am the prosecutor's housekeeper, at Bow church-yard. I remember the prisoner coming to the house before the 8th of November—after he went I missed these spoons now produced—they are my master's.
GUILTY . Aged 21.— Confined One Year.
(There was another indictment against the prisoner.)
BENJAMIN WICKETT . I am a miller, living at Millwall Mill, Poplar. On the 29th of October I was in Fenchurch-street, walking towards the Blackwall Railway, about seven o'clock in the evening—the policeman tapped me on the shoulder, and told me I was robbed, and to follow him—he took hold of the prisoner, and asked me what I had lost—I missed my handkerchief—the prisoner took down my handkerchief from his back, and threw it from him, and some one picked it up—this is it.
DANIEL PAMPHLETT (City police-constable, No. 565.) I saw the prisoner and another follow the prosecutor down Fenchurch-street—at the corner of Mincing-lane the prisoner hoisted up the gentleman's pocket—I crossed, and saw him take something out—I ran to the gentleman, and told him he was robbed—we came back, and the prisoner came out of Star-court, I seized him, and said, "You have got something of this gentleman's"—I did not see him throw the handkerchief down—I picked up.
GUILTY . Aged 18.— Confined Six Months.
Before Mr. Justice Coltman.
58. MARY EVANS, CATHERINE OAKFORD , and LYDIA MILES , were indicted for stealing, on the 5th of November, 1 key, value 2d.; 1 coat, value 1l.; 1 pair of trowsers, value 1l.; 1 waistcoat, value 5s.; 7 sovereigns, and 1 10l. Bank-note; the property of Thomas Longfoot .
MAURICE CEELY (City police-constable, No. 226.) On the 5th of November I was on duty on Holborn-hill, about a quarter past five o'clock in the morning—I saw Oakford and Evans advance towards a cab on the rank, and in a suppressed tone called "Cab"—I suspected from their manner, and knowing the parties, that all was not right—I went, and asked what they had got—I saw they had got something in their arms or aprons—I could not distinguish which—Evans said her old man's clothes—Miles was not there—I said I did not think it was, I thought she had taken them from some person she had been with—I took hold of her, and I had forcibly to take a coat from her—I called my brother officer, Wood, to take hold of Oakford, that she might not go away—she had the waistcoat and trowsers in her apron—I took Evans to the station—Wood followed with Oakford—I then saw Evans fumbling with her hands in different parts of her person—I allowed her to keep on fumbling—I saw nothing further—she was locked up, and searched by a female—I made inquiries at different houses, but could not find any one who claimed the clothes—I gave information at the Rosoman-street station, and from information I went to Pheasant's-court, Gray's Inn-lane, and found the prosecutor in bed there—he claimed the clothes before the Magistrate as his —Miles was brought to the station—this key was found lying on the table at the house where I found the prosecutor, which he claimed.
Cross-examined by MR. DOANE. Q. How long have you been in the police? A. A year.
Cross-examined by MR. BALLANTINE. Q. What were you before you were a constable? A. Apprentice to my father, who was an inn-holder.
Evans. Q. Did you ever know me to do such a thing before? A. I have known you in custody before, on a charge of felony.
THOMAS LONGFOOT . On the 5th of November I went to bed at some time in the morning at that house—I was not sober—I do not know that I went to bed with any one—Miles said, the following morning, that I went to bed with her—I do not recollect whether there was any body in the bed or not—I recollect going to bed—I did not know the situation of the place where I went to bed till afterwards—I had met with Miles and some other females in Holborn—Miles induced me to go to her house—I afterwards learned it was at No. 3, Pheasant's-court—she went with me—she was in the room with me—I undressed myself, and went to bed—I have no recollection of whether she went to bed with me—I was awoke in the morning by a woman who, I believe, was the landlady of the house—the prisoners were not there—there was another female in the room the night before, who is not in custody—I had not seen the other prisoners—when I awoke in the morning, I found my coat, waistcoat, trowsers, braces, and handkerchief were gone—my watch was under my head—a 10l. bank-note was gone, and seven sovereigns—I had given Miles a sovereign the evening before after I got into the room, to get something to drink.
Cross-examined by MR. DOANE. Q. I suppose you had been out cruizing the night before? A. Yes; I was not perfectly sober, but I knew what I was doing when I went to this house—I objected to go, because when I got to the corner of the court I did not like the appearance
of the place—I saw it was a low brothel—I had not seen it before—I went there early in the morning—I was at a public-house, in Blackfriars-road, about eight o'clock that night—I stopped there till eleven or twelve—I was drinking there—I went from there up to Oxford-street, to see a person as far as there—I do not recollect having any more to drink—I cannot recollect whether I went into a public-house—I was in a coffee-shop, and had some tea and coffee—I do not remember that I met with any other woman, to speak to, till I met Miles.
Evans. Q. Was I in her company? A. I cannot say that you were.
JAMES O'BRIEN (police-constable G 59.) Between nine and ten o'clock in the morning of the 5th of November, I went into this house in Pheasant-court—I found the prosecutor in bed in the front room on the second floor—I went down stairs, looked about in the yard and about the house—I went into the court, and met Miles in the court—I said I wanted her to come up stairs, a gentleman wanted to see her—I asked if she lived there—she said she did, she occupied a room there—she came up stain, and the prosecutor asked her what she had done with his clothes and sovereign—she said she knew nothing about his clothes—he asked what she had done with the sovereign—she said, "You gave me the sovereign to go to bed with you"—he said, "I gave you the sovereign to get something to drink, and you never returned till now"—she said she had been to take a walk—she said she knew nothing about his clothes, that she met two girls on the stairs as she was going down, they wanted some part of the money she got from the gentleman, and she gave them 5s. a-piece out of the sovereign.
Cross-examined by MR. DOANE. Q. This is a low brothel, is it not? A. Yes.
GEORGE WILLIAM MARRIOTT (police-constable G 81.) I went with O'Brien to the house in Pheasant-court, between nine and ten o'clock in the morning—I went up stairs after O'Brien was in the room—the prosecutor was in bed in the room—Miles was there—I saw her take the prosecutor's key from beneath her cloak, and put it on the table—Ceeley picked it up—he came up afterwards, before I went away—Miles was gone at the time Ceeley came.
Cross-examined by MR. DOANE. Q. Did you go up with O'Brien at first? A. No, some minutes afterwards—Miles was sitting on a chair by the table when she put the key on it.
JAMES WOOD (City police-constable No. 166.) I took Oakford by desire of Ceeley—he took Evans—I found these trowsers, waistcoat, and braces on Oakford—they were afterwards produced at Guildhall, and the prosecutor claimed them—they were folded up in Oakford's gown—I asked her what she had got there—she said they belonged to her man—nothing more passed, but I took her to the station—I have had the clothes in my possession ever since.
(Property produced and sworn to.)
Evans's Defence. On the 5th of November, I Oakford and Miles were coming down Holborn-hill, and we met the prosecutor; he spoke to us, and went home with Miles; she told us to follow her; and as we came to the corner of Gray's-Inn-lane, Miles's companion, who lives with her, met us, and said, "Have you seen Miles?" I said, "Yes, there she is, with a gentleman;" she said, "She can't get in, I have got the key." I and
Oakford stood down stain; Miles came down with 1s. in her hand, and said he would not have any thing to do with her, but he would have her companion. We went to Gurney's, and she spent the shilling, and a six-pence of her own; we then saw the other girl coming with another man. Miles went and spoke to her; Miles came back, and said he had given her a sovereign; she changed it, and gave us 5s. apiece; we went back to the place; she gave us the clothes, and told us to go on; and as we were going down we saw Miles and the gentleman get into the cab; we called out "Cab;" they would not stop. We were going to take another cab to go after them; and as we were going down Holborn-hill, Oakford dropped the coat; I took it up, and said, "They are men's clothes;" she said, "Yes;" the policeman came and took us.
(Mary Thompson, the wife of a tallow-melter; and George Rice, a packer, gave Oakford a good character.)
EVANS— GUILTY .—Aged 18.
OAKFORD— GUILTY .—Aged 19.
MILES— GUILTY .—Aged 20.
Transported for Seven Years.
First Jury, before Mr. Justice Coltman.
59. GEORGE JONES was indicted for feloniously uttering, on the 5th of November, 1 counterfeit shilling to Elizabeth Reeve, well knowing it to be counterfeit, and having been before convicted of a like offence.
MESSRS. ELLIS and—ESPINASSE conducted the Prosecution,
CALEB EDWARD POWELL . I am assistant solicitor to the Mint I produce a record of the conviction of George Jones in this Court, at the April Sessions, in 1837—I have examined this with the original in Mr. Clark's office—it is a true copy—(read.)
ELIZABETH REEVES . I am a widow, living with my son, George Reeves, in Brick-lane, Spitalfields. On Friday night, the 5th of November, about half-past eleven o'clock, the prisoner came to our shop for a penny pie—he gave me a shilling—I gave him the change—he went out—I gave the shilling to my son, who was at the end of the counter—he said it was bad, and went to the door to look for the prisoner—my son put the shilling into a paper, and put it at the back of the drawer, where we keep the farthings, and where there was no other money—there was nothing else in the paper—he was taken on the Thursday following—he had come to our shop several times for pies.
Prisoner. I went in on the Sunday night, and had two pies, and gave her half-a-crown, and she gave me 2s. 4d. out; I saw her put the shining into the till. Witness. I never saw him again till he was apprehended—I kept the shilling in my hand, and gave it to my son the moment the prisoner went out.
GEORGE REEVES . I am the prosecutrix's son. On the 5th of November I was in the bake house, and saw the prisoner come into the shop and give my mother a shilling—she kept it in her hand, and gave it to me directly after—I found it was a bad one—I put it into a piece of paper, and put it at the back part of the till, where we keep the farthings—there was nothing else in the paper—I next saw the prisoner on the Thursday following—he was passing the door—I asked if he recollected bringing in a shilling to my
mother on the Friday—he said yes, he recollected bringing the shilling—I said it was a bad one—I asked if he would give me a good one—he would not—a policeman was on the other side, he crossed the way, and I gave him in charge—I fetched the shilling out, and gave it to the policeman—I found it in the paper at that part of the till where I placed it—no one attends my shop but my mother and myself.
ELIZABETH LOWE . I am the daughter of William Lowe, a greengrocer, in Fleet-street, Bethnal-green. On the 3rd of November the prisoner came to my father's shop, between eleven and twelve o'clock in the morning—I served him with a loaf of bread, which came to 4d. he gave me a shilling—I gave him 6d. change, and he went away—I took the shilling to my mother, and she showed it to my father—he wrapped it up in paper, and locked it up in the drawer—I am quite sure the prisoner is the man—I had seen him four or five days before.
Prisoner. Q. How long elapsed till you saw me again? A. when the policeman came and showed him me at Worship-street.
COURT. Q. Did the policeman tell yon that was the man A. No; he asked if that was the man—I said it was—I am sure it is the same man—I saw him once before he passed the shilling.
MARY LOWE . I am the witness's mother. On the 3rd of November she brought me a shilling between eleven and twelve o'clock—I thought it was bad, and gave it to my husband—he wrapped it in paper, and put it at the back of the drawer.
JOHN SMITH (police-constable H 189.) I was on duty about half-past one o'clock on Thursday morning—walking by Reeve's house, I heard the prisoner and Reeves wrangling about a bad shilling—I ran across the road and took him—before I could secure him he made his escape, and ran from Reeves's house, as far as Spital-street, the best part of a quarter of a mile—I followed, springing my rattle—I did not lose sight of him—he was stopped by another officer—on the road to the station I asked him the reason of his running away—he said the only reason was, that though he was innocent, he was so well known, he should have been locked up—I got this shilling from Reeves and another from Lowe—on Friday the 12th I took Elizabeth Lowe to Worship-street—I took her into the yard-I in-quired of the jailor whether there was a prisoner there whom she might be allowed to see, to see if it was the person who had passed the shilling to her (she had given me a description of the prisoner before)—the jailor unlocked the cell—he called her forwards, and asked her to see if the prisoner was there—there were about seven or eight more prisoners in the cell—the girl went, and put her finger on the prisoner, and said, "This is the man "—I had not pointed him out to her.
ELIZABETH LOWE re-examined. I went to Worship-street—the police-man asked the jailor if I might see the prisoners—the door of the cell was opened—there were seven or eight persons there—the jailor said "Which is the man?"—I picked out the prisoner—the policeman did not tell me which was him, or any thing of the sort—I am sure of that—I had given a description of him to the policeman before I went there.
Prisoner. Q. Did you not say the policeman showed me to you?
JOHN GREEN re-examined. I was present when Elizabeth Lowe spoke to the prisoner being the man—she picked him out without any assistance —the jailor gave her strict orders to be very particular, and she said he was the man.
Prisoner's Defence. On the 5th of November I went into Mrs. Reeve's shop, as I frequently did, for a pie; I gave her a shilling; she gave me change. On Sunday night I went again, and nothing was said about the shilling till the night I was taken, between ten and eleven o'clock—he asked me about giving the shilling, I said, "I remember giving the shilling, but I did not know it was bad." On the 16th of November the policeman brought this girl to me; it is likely she may be mistaken.
GUILTY . Aged 27.— Transported for Seven Years.
CHARLES MATTHEWS . I am shopman to William Taylor of High Holborn. About three o'clock in the afternoon of the 8th of November, I was in the shop—the prisoner came in to purchase a comforter, which was 10 1/2 d.—he took one down from the door—he then wanted to purchase a shirt-front—I put down a half-crown on the counter from my hand, to open the window to take the shirt-front out—he picked up the half-crown, and ran away with it—I followed, and succeeded in overtaking him—I gave him in charge to the policeman, who brought him back to the shop—he was searched at the station, but the half-crown was never found—I never lost sight of him after he went out of the shop—I followed him close.
Prisoner. He has sworn that the half-crown was the property of his master, Mr. Taylor, but it belongs to the party who was in the shop before I went in, named Greystock. Witness. A person named James Greystock came to the shop to purchase a pair of stockings, which came to 1s. 3d.—he offered me a bad half-crown—I refused it, and said I would give him in charge—he said he lived in Little Queen-street—I said, "As you are a neighbour, I think you would not wish to give me a bad half-crown; let me see it again "—he put his hand in his pocket, and gave me a good one—I said, "You are a regular smasher, I will give you in charge "—I kept him in the shop—the prisoner came in while Greystock was in the shop—they were both taken—I put the stockings in paper, and he was going to take them away—the bargain was completed.
WILLIAM MACKIN . I live with Mr. Walker, next door to the prosecutor—I went in the shop to purchase an article—the prisoner was there—Matthews was taking a shirt-front from the window—all on a sudden I saw the prisoner take the half-crown off the counter and run out with it—the prosecutor told me to mind the shop while he pursued the prisoner—the police-man brought him back.
Prisoner. Q. Was not the man and me facing one another in the shop? A. Yes, I was standing beside you, and saw you take it up.
SAMUEL TAPSELL (police-constable F 19.) I was on duty in Holborn—I heard a cry of "Stop thief"—I saw the prosecutor in pursuit—i saw the prisoner turn down Eagle-street—I ran down, and he was stopped—I took him back to the shop.
Prisoner's Defence. I had no half-crown.
GUILTY . Aged 23.— Confined Six Months.
THOMAS SOANE (police-constable R 174.) On the 9th of November I was walking along on this side of Blackfriars-bridge, in the direction of Farringdon-street—I saw the prisoner, in company with two others, go behind the prosecutor, and, after standing a minute, I saw one of the others draw this handkerchief from the prosecutor's pocket—he passed it behind him, the prisoner received it, and put it into his right-hand trowsers' pocket—I collared him, and asked him what he had got there—he took the handkerchief out, and tried to throw it behind him, but I threw him on the ground with it in his hand—I received a blow on the nose from one of the party, but I could not see which—I got the prisoner off the ground, and called to Mr. Nicholls—he followed me to the station—I showed him the handkerchief, and he identified it.
Prisoner. I went to see the Lord Mayor's show—two young men picked the pocket, whom I know nothing of—they attempted to lodge it on me, but I never bad it in my hand—it was on the ground.
GUILTY . Aged 19.— Confined Six Months.
Fourth Jury, before Mr. Common Sergeant.
62. FREDERICK FRANK was indicted for stealing, on the 2nd of November, at St. Margaret's, Westminster, 1 cash-box, value 2s.; 12 sovereigns, 2 crowns, 10 half-crowns, 55 shillings, 20 sixpences, and 2 10l., and 2 20l. Bank-notes; the goods and monies of William Fox, in his dwelling-house; to which be pleaded
GUILTY .* Aged 20.— Transported for Ten Years.
GUILTY . Aged 37.— Confined Four Months.
GUILTY . Aged 21.— Confined Four Months.
GUILTY . Aged 21.— Transported for Seven Years.
66. ANN BLUETT was indicted for stealing, on the 15th of October, 2 counterpanes, value 16s.; 1 set of fire-irons, value 6s.; 1 pair of boots, value 7s.; 1 tea-tray, value 10s.;4 spoons, value 2l.; and 2 ladles, value 2l. 10l.; the goods of William Edward Grainger, her master; to which she pleaded
GUILTY . Aged 32.— Confined One Year.
(There was another indictment against the prisoner.)
67. WILLIAM CLAY was indicted for that he, on the 8th of November, being in the dwelling-house of Thomas Lane, did feloniously steal 1 bag, value 2d.; 144 pence, 240 halfpence, and 144 farthings; and afterwards feloniously did break out of the same.
THOMAS LANE . I am the landlord of the Gordon Arms public-house, in High Holborn. I saw the prisoner at my house about three o'clock in the afternoon, on the 8th of November—I asked what his business was— he said he was waiting for his father—I let him remain some time, and asked him again if his father was come—he said no, that his father was a chaff-cutter, and worked in the Mews—I let him stay till about seven o'clock, and then sent him off—I was called the next morning at six o'clock—I found the bar had been disturbed, and a bag and 144 pence, 240 halfpence, and 144 farthings taken—they had been in a drawer in my bar—the lock of it had been opened, and fastened up again—the house had been safely fastened up at twelve o'clock the night before—it is my dwelling-house, and in the parish of St. Giles-in-the-Fields—on the same evening, the prisoner came to the house, and I put him out of doors—on the 10th he was there again, and on the 11th, about nine at night, the Pot-boy found him stowed away in the lumber-room, and I pulled him out—He was searched, and this bag and purse, and a pamphlet, in which there had been two shillings' worth of farthings, were found on him.
JOHN HANSFORD . I am the prosecutor's servant. On the 11th of November, at half-past nine o'clock in the evening, I saw the cupboard open—I found the prisoner and drew him out—I found this bag and purse, and piece of paper on him.
Prisoner's Defence. I found these things in Covent-garden—I never had the money—I went to the house to wait for my father.
NOT GUILTY .
68. THOMAS GARROTTY, HENRY PHELPS, JOHN BOLIN , and DANIEL BRYANT , were indicted for breaking and entering the dwelling-house of Edward Henry Honeysett, on the 5th of November, at St. Pancras, and stealing 12 knives, value 1s. 6d., his property.
MR; PAYNE conducted the Prosecution.
JOSEPH GIBBONS . I am a cab driver, living in Randall's Mews, So-mers-town. On the 5th of November, I was with my cab in Seymour-street, between six and seven o'clock, and saw the prisoners at the prosecutor's window—Bolin and Bryant were in the middle, and the others outside—I got inside my cab to watch them—I then saw Bolin and Bryant—Bolin had something in his arms, and appeared to be working at the glass—that lasted five minutes—I turned my head to speak to some one, and when I looked back they were all gone—I went to the window and found the glass broken, and the things on each side seemed to have been moved or taken away—there was some blood there, and some on some of the knives in the window—I went into the shop and told the person—went out again—in about ten minutes they all came back—Bolin and Bryant went to the same pane of glass—Bryant put his hand in—I rushed put and took Bolin—the policeman took the other two—Bryant made his escape—while Bolin was going along he dropped an oyster
knife—I took it up—I knew Bryant again when I saw him in Court the next day.
Cross-examined by MR. DOANE. Q. Have you been in the police? A. Yes, about four years ago—I resigned, thinking I had something better in view—I am not a cab-man on my own account
EMMA HONEYSETT . I am the wife of Edward Henry Honeysett, a stationer, in Seymour-street. On the evening of the 5th of November, from information I went outside the shop—there was a piece of glass broken out of the window large enough to admit a boy's hind—there was blood on the window, and several penknives were gone—about ten minutes after I heard a scuffle—I went to the door and saw Gibbons, with Garrotty, Phelps, and Bolin—the window was quite safe at three o'clock—the hole was large enough for a lad's hand to go in—these are our knives—they were in the window—there are marks of blood on them.
Cross-examined by MR. PHILLIPS. Q. Would a fullgrown man's hand go in? A. I should think not—we got part of the knives again—I should think there were a dozen lost.
ROBERT KNIGHT (police-constable S 221.) I was on duty in Seymour-street—I heard about this and went to see how the glass was broken—I saw blood on the glass—I waited some distance off—I came back and found three of the prisoners in custody—I took hold of Phelps and Garrotty, and took them to the station—on the way, Bolin dropped this oyster knife—I searched him and found three penknives on him, and some blood on the handle of them—I found two knives on Phelps, one in his pocket and one in his shoe—I found nothing on Garrotty.
Garrotty's Defence. I was coming down Seymour-street—I happened to look in at a window—the boys came round me, then that man came and caught me and pushed me into the shop.
(Phelps and Bolin received good characters.)
GARROTTY— GUILTY . Aged 11.— Confined Four Months.
PHELPS— GUILTY . Aged 13.— Confined Three Months.
BOLIN— GUILTY . Aged 10.— Confined Three Months.
BRYANT— GUILTY . Aged 9.— Confined Four Months.
Of stealing, not breaking and entering.
JAMES SWINLAND . I am constable of the London Docks. I stopped the prisoner coming out of the London Docks, on the 1st of November, with these 2 1/2 lbs. weight of copper, some in his waistcoat, some in his trowsers—he said he found it in a dust-bin, and that he worked on board the Honduras.
Cross-examined by MR. PHILLIPS. Q. Did you find he did work on board the Honduras? A. Yes—this copper is worth 2s.
Cross-examined. Q. Tell us how you know Weller's name?—A. From my being in his employ—I had my indentures from him—there were half a dozen other persons on board the ship.
(The prisoner received a good character.)
GUILTY . Aged 31.—Recommended to mercy.— Confined Two Months.
JOHN WINTER . I live in Spur-street, Leicester-square. I was walking with my brother in Regent-street, on the 9th of November—my brother spoke to me—I looked, and found my purse which had been in my coat-pocket, lying in the road—there were three sovereigns, one half-sovereign, and a half-crown in it—I had seen it safe within ten minutes.
Cross-examined by MR. PAYNE. Q. There were other persons about? A. Yes—it was about two o'clock.
CHARLES WINTER . I was with my brother in Regent-street—I saw the prisoner with the purse in his hand, close to my brother's pocket—I immediately seized him, and he threw it into the street—my brother said, "What is the matter? what for?"—I turned him round, and told him to look into the street.
Cross-examined. Q. Are you a military man? A. I am a private gentleman—the prisoner was about a foot from me—when I turned I saw the purse plainly in his hand—I caught him round the waist, and he threw it away.
GUILTY .* Aged 20.— Transported for Ten Years.
MR. BALLANTINE conducted the Prosecution.
JOHN CLEMENTS . I am constable of the London Docks. The prisoner was occasionally employed in No. 1 warehouse, for about a twelvemonth—between four and five o'clock in the evening of the 29th of October I saw him going out of the west-gate—I stopped him—I said, "I think you carry something in your hat"—he said, "No"—he took his hat off—I said, "I must see," and in the hat I found 5lbs. weight of sugar—I asked where he got it from—he said, "No. 1 warehouse"—I said, "Do you mean the Crescent-warehouse?"—he said, "Yes"—I said, "From a cask or bag?"—he said, "The bag was open, and I took it, I hope you will take it no farther?"—I said, "I have suspected you some time."
Cross-examined by MR. PAYNE. Q. How long had you known him? A. I had a very slight knowledge of him—he had passed one gate, and was going out of the porch—the clerk and persons in the offices do not drink coffee there that I am aware of—there are places where the dealers in indigo wash themselves—I believe there is tea and coffee used there—I do not know where their sugar comes from—I believe it is bought outside I the Docks, and brought in—I do not think it is taken out of the bags—I do not know that there is a practice of taking small quantities of the bulks of sugar—not more than from ten to a dozen persons drink coffee in the Docks—the prisoner has a wife and two children, and has been respectably connected.
WILLIAM STEPHEN WHITEFOOT . I am a cotton-sampler in the Docks. The prisoner was a messenger there—I believe this sugar to be the same as that in one of the bags there—it was at the farthest extremity of the warehouse—it was the only bag of that sugar we had—it is Mauritia
sugar—it came from the Isle of France—there are 5lbs. weight, worth 2s. 6d.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Four Months.
FRANCIS JAMES HARRISON . I am in the service of Edward de Lima Wood, of King-street, Hammersmith. On Wednesday, the 3rd of November, between one and two o'clock, I was in the shop—I saw the prisoner and some other boys opposite—I watched him nearly an hour—I saw him come to the window, take the pistols, and it appeared as though he put them into his pocket—I ran out after him, and found him a little way off—he threw one at me, and the other on the ground—these are the pistols,—the yare my master's.
Prisoners Defence. I did not take them—a boy ran past me, and chucked them down by me—the man came and took me.
GUILTY . Aged 14.— Transported for Seven Years—Convict Ship.
WILLIAM CRUTCHLEY . I live in Oval-road, Park-street, Camden-town, and am a builder. The prisoner was in my employ a month or five weeks at a house I am building—he is a carpenter—I had information that he had robbed me—I watched him, and on the 1st of November, about half-past eleven o'clock, I saw the prisoner's boy, who was at work with him, loaded with this wood—I went after him, took him back, and sent for his father, who said it was his first offence—he had never done so before—the boy is about twelve years old—the prisoner was then at work in my building—the boy was going from the building, and I detected him when he had got a few yards from it with these fourteen pieces of wood—I had seen the boy and the prisoner together in the building at work—when I sent for the father, I asked him how he could send the boy away loaded with wood, and be robbing me continually as he had done for the last month—he said this was the first time he had done so—this is the wood that the boy took that day, and it is mine.
Cross-examined by MR. PHILLIPS. If I understand you rightly, you said that the prisoner said, "This is the first time I have done so?" A. Yes, that is the form of expression he used, as near as I can remember—He might say "This is the first offence."
COURT. Q. Whether the answer was "This is the first time I have done so," or "This is the first offence," are you sure that was the answer to what you said, "Why did you send the boy with the wood?" A. Yes as near as I can recollect; and then he afterwards wrote me a letter, which I have here—I am sure this is his handwriting—I received it on the evening
of the 1st of November, after I had charged him with this—he was not taken till the following morning.
MR. PHILLIPS. Q. Did you ever see him write? A. Yes, frequently—this wood is worth 3s. 6d. I gave it to the prisoner some days before—I have matched these pieces together—it was not cut up as it is now—it was two long pieces, twenty-one feet long, when it was given him, and these pieces all matched when they were put together—I have no private mark on it, only the width of the wood—I can swear to it—we do not usually mark wood.
JAMES HILLSDEN (police-constable S 142.) Between twelve and one o'clock, on the 1st of November, I went to the prosecutor's, and saw the prisoner there—I heard him say it was the first time, and I was quite welcome to go down to his house where he lived.
Q. Did he say anything about these fourteen pieces of wood that are here? A. He said he was very sorry, and it was the first time—Mr. Crutchley said it was not—the prisoner then said,/' The policeman is welcome to go to my house"—which I did.
Q. Did he say anything, and point to any wood? A. Yes—on the following morning he said, "I admit of taking them," pointing to these fourteen pieces, which were then on the table.
Cross-examined. Q. Was that what he said? A. Yes—he might have said something else—it was on Tuesday morning, the 2nd of November, that I apprehended him.
Q. Was it on the Monday that the wood was taken from the boy? A. That I am not able to say, only from what I heard Mr. Crutchley say—I do not know where the prisoner was on Monday night—I apprehended him at the corner of Brewer-street, Somer's-town—he was at liberty from Monday night till Tuesday, for anything I know—he was at liberty when I apprehended him—I have no reason to suppose that from Monday till Tuesday he was in custody.
Q. Have you told us all he said when he pointed to the wood, or what further passed? A. I am sure I cannot tell—I heard him say, pointing to the fourteen pieces, as they laid on the table, "I admit taking them"—they were then in Mr. Crutchley's back room—I cannot say exactly what he said.
Q. Did you ever represent him, on your oath, as saying anything more? A. I am sure I cannot recollect all he said, but I recollect what he said, pointing to the wood that is now here.
Q. Did you ever represent, on your oath, that he did say more than you have now stated? A. That I cannot say, I am sure—he might say more.
Q. Did you ever say that he did say more, and did you not swear to the expression before the Magistrate? A. I do not recollect that I made use of any expression before the Magistrate.
NOT GUILTY .
OLD COURT.—Thursday, December 2nd, 1841.
Fourth Jury, before Mr. Recorder.
74. JEREMIAH BRAILEY, JOSEPH BROWN , and ADAM WHITE , were indicted for stealing, on the 31st of October, 12 quarts of porter, value 6s.; 12 quarts of beer, value 6s.; 12 quarts of single stout, value 6s.; 12 quarts of double stout, value 6s.; and 12 bottles, value 3s.; the goods of Thomas Masterman and John Masterman, the masters of Brailey and Brown; and that White had been before convicted of felony.
THOMAS YEOMAN . I am a constable of the Thames Police. On the morning of the 31st of October I saw the three prisoners come out of Messrs. Master mans' premises, in Broad-street, Ratcliff—I live about 200 yards from there, in Harris'-court—the prisoners passed me at my own door—Brown said to me, "Good morning, we are just going home"—Brailey was carrying a basket—I stopped him, and found six bottles of stout in this basket, four bottles underneath his apron, and one in each coat-pocket—the other prisoners went away—I detained Brailey—I after-wards went to White's house—he came home while I was there—I told him what I came for, and asked where he had left Brown—he said he had not seen him since Saturday night—I asked him what time he got up in the morning—he said, "At four o'clock, for the purpose of going mush-rooming"—I then went to Brown's house, but did not find him at home—I searched the house, and found one bottle, with a portion of porter in it—Brown's wife told me she had got the bottle of porter in on Saturday night, to drink—I then went to Brailey's house, and there found nine bottles of stout, seemingly of the same quality as that I found about him—I asked him at the station how he accounted for the bottles I had found in his house—he said he knew nothing about them—I said, "If you know nothing about them, I must take your wife into custody"—he then said, "Well, if you must know, if I had not taken them there, they would not have been there; that will do"—I found two keys in Brailey's pocket—I asked where he got them from—he said he did not know—I then went to the prosecutors' premises, knocked the foreman up, and found they were the keys of the outer and inner gate of the prosecutors' premises—I asked Brailey how he accounted for the keys, and he then said, "Why the keys belong to the brewhouse"—I said, "Are you allowed to keep keys?"—he said "Yes"—I afterwards apprehended Brown at the brewhouse—I said, "Brown, I want you respecting this robbery, with Brailey, of the bottled porter"—he said, "Mr. Yeoman, I know nothing about it; can't you leave me till tomorrow, and let me do my work to-night?"—I said, "No, you must come with me now."
Cross-examined by MR. PAYNE. Q. Do you mean that you actually saw the three prisoners come out of the premises? A. Yes—I was standing at the corner of Harris'-court, which comes into the street, about one hundred yards from Messrs. Mastermans' gate—I saw them come out of the wicket-gate, which is attached to the large gate of the premises—it was about a quarter to five o'clock—Brailey told me he was allowed the keys to go into the brewhouse—he had an apron on with a bib to it, and the four bottles were in that.
White. I know nothing at all about it, he swears falsely. Witness, I have known the men well for years, and cannot be deceived.
PETER MORESBY . I am in the prosecutors' employ, and live on the premises—I was called up by Yeoman the officer, at five o'clock on the Sunday morning—I came down and found the wicket-gate open, which it ought not to have been—I also found the inner door unlocked and open—Brown had no business on the premises at that time in the morning—He was employed as a labourer in the brewhouse at other times—White is Brown's father-in-law, and is a carpenter—he had no business whatever
on the premises—I went to White's house, and he came in about half-past five—the officer asked if he had seen Brown that night—he said no he had not.
Cross-examined. Q. How long has Brailey been in the prosecutors' employ? A. Ten years—he is married and has five children I believe—he had 24s. a week—when I spoke to him he seemed much affected, and cried a good deal at the station, and gave me all the information I asked him for—I always supposed him honest—the coppers on the pre-mises require cleaning, but not on Sunday morning—it would not be any part of his duty.
JOHN M'CROW . I am bottle foreman to the prosecutor, and have charge of the bottled beer—the key of the padlock of the vault ought to have been on a nail outside my counting-house door—I hung it there on the Saturday—on Monday morning I found it in the padlock, and the door unlocked—I left the premises about eight o'clock on the Saturday—I do not know whether Brown and Brailey were gone then, they were not in my department—they could get to where my key was by getting round through the brewery—I found a deficiency in one bin, five, two, five, and half-a-dozen—I have tasted the beer found in one of the bottles which the officer took from Brailey, and have no doubt it is the same quality as the beer in the bin—a lad named Peter White is employed in my department—he is the prisoner White's son—he had access to the key during the hours of business.
Cross-examined. Q. Brailey had not access to the keys I believe? A. No, not without going through the brewery in a way which he ought not—I cannot account for the deficiency from the bin in any way but by the beer being stolen—we enter all we sell in a book—there is no stamp or mark on the bottles or corks.
THOMAS HARD . I am in the prosecutors' employ—I went to the brewhouse on the Saturday night and left at a quarter before one o'clock on the Sunday morning—when I left I locked the wicket and gate up secure, and put the keys into my pocket—they must have been opened by false keys.
Cross-examined. Q. Were any of the persons allowed keys to go into the yard of a morning? A. No, only the "fortnight men"—I am one of them, and a man named Patterson is another—I had done the work that evening myself—persons who have to come in in the morning have keys allowed them—I do not know how many have keys—Brailey is allowed keys.
THOMAS YEOMAN re-examined. I am certainly correct that I saw the three prisoners come out of the brewhouse, for directly opposite the gate there is a gas lamp—I distinctly swear they all three came out of the gate together, and passed my door together.
Cross-examined. Q. What did you do up at that time in the morning? A. My duty at that time was to come home at two o'clock from the Thames police, but I had been attending the fire at the Tower, and did not get away from the office till past four—when I saw Brailey going by with the basket I followed him—he walked a little fast before I got to him—
I stopped him round another alley, and about four hundred yards from Messrs. Masterman's premises.
White's Defence. I was not there, and the policeman never saw me till half-past six o'clock, when I came home.
JOHN SUTTON . I am a constable. I produce a certificate of White's former conviction, which I got from Mr. Clark's office—I was present at his former trial, in the other court—he is the person described in the certificate—I apprehended him—(read.)
(Brailey and Brown received good characters.)
BRAILEY— GUILTY . Aged 35.
BROWN— GUILTY . Aged 32.
Recommended to mercy. Confined Six Month .
WHITE— GUILTY . Aged 58.— Transported for Seven Years.
Before Lord Chief Justice Denman.
75. WILLIAM HENRY MENCE was indicted for, that he, being employed under the postoffice of Great Britain and Ireland, did, on the 28th of October, at St. Anne and Agnes, feloniously steal a certain postletter, containing 1 penny, the property of her Majesty's Postmaster-General.—Four other COUNTS varying the manner of stating the charge.
MESSRS. ADOLPHUS and BODKIN conducted the Prosecution.
ELIZABETH MORGAN . I live in Drury lane. On the 27th of October last, 1 wrote this letter, now produced, and wrote this address on it, "Mr. H. Day, Solicitor, Queen-square, Bristol, or elsewhere"—I gave the letter to Susan Wise, my servant, between eight and nine in the evening, to post—I also gave her a penny piece to pay the postage with, and another halfpenny to buy some wafers with, and told" her to wafer the letter, and pay the postage—I did not write the letter for myself, but for a friend, Mrs. Cousty.
SUSAN WISE . I am in Mrs. Morgan's service. I remember her giving me this letter to take to the postoffice, about eight or nine o'clock, and 1d. to pay the postage—I went to the postoffice, in Drury-lane, and found the shop shut—I dropped the penny into the letter, and fastened it in with a pin, as it is now, and put it into the letter-box.
EDWARD WEST . I live with Mr. Maynard, a pinmaker, in Drury-lane; he also keeps a postoffice. If a letter was posted at our shop on the 27th of October, it would be sent from there to the general postoffice, by eight o'clock next morning—I have the letter-bill of the 27th of October, in which the posting of that day is entered—I wrote it myself.
Cross-examined by MR. CLARKSON. Q. Did you forward the letters to the general postoffice next morning? A. Yes—I do not remember the letter in question—I believe it is the custom at some receiving-houses to mark letters which are put into the post, upon which no postage is paid—my master never does—if no money is paid, no mark is put on—I did not notice a pin in any letter—that letter would be included in this bill among the eleven unpaid letters—there were eleven unpaid letters—I remember that.
MR. BODKIN. Q. When you prepare letters in the morning to go to the postoffice, what do you do with them? A. I tie them up in the letter-bill with a piece of string, and leave them on the counter for the person who calls for them.
letters, at eight o'clock in the morning—they are generally left on the counter, in the shop—I do not remember whether they laid on the counter that morning, or whether I received them from the hand of anybody—whatever I received that morning, I took safely to the postoffice, and in the same state.
JAMES ATTERBURY . I am a clerk in the Twopenny postoffice, at St. Martin's-le-Grand. On the morning of the 28th of October, I received the letters from the Drury-lane receiving-house—I checked them with the bill which accompanied them, and saw that they corresponded in number, the paid and unpaid—I then sorted them, and the porters cleared them away—according to the course of business, the letters would then go through a tunnel to the Inland-office.
JOHN FORBES . I am a messenger in the General postoffice; the prisoner was also a messenger there. On the morning of the 28th of October, we were both on duty in the Inland-office—it was part of our duty to stamp and prepare the letters from the receiving-houses—I was taking letters away from behind the stampers, for the purpose of being sorted—the prisoner was stamping the date stamp—about the close of the stamping, I perceived a few letters lying beside the prisoner on the table he was stamping at—I observed that one of them contained some coin, or something very heavy, and, very singular, there was a pin at the back of it—I took the letters up in my hand—the prisoner stopped me, and said, "Stop, they are not obliterated," that is, the Queen's head was not destroyed—there was no Queen's head on the letter with the pin in it—I laid them down again, and in consequence of the prisoner's manner, I kept my eye fixed on him—I saw him take up this letter along with the others—he went over to another table, for the purpose of obliterating them as I thought—it was not his duty to do so that morning—he came back with the same letters in his hand, and went behind a table where there is a writing-slope—I there saw him shuffling them in his hand for a little bit—he then came round, and put them down on another table along with some others that were done—thinking there was something wrong, I looked over the letters—they were all spread out with their faces towards me—there was about 150 or 200—I ran them over with my hand, and looked at the backs; and could not find the letter with the pin to it—it was not there—I then took the whole of the letters down to the sorters, which was a little way down the office—the prisoner was standing talking to one of the other messengers at the time, about five or six yards off, but not out of my sight—I came towards him again, and he said to me he thought it was time to go into the railway department, which is at the further end of the Inland-office—it is not exactly the same room, it is a place parted off at the further end, and there is a communication by arches, without opening a door—he and I walked down together into the railway department—he went to tie letters at the Stafford branch, and I at the Weedon, close by his side—Mr. Hodd, one of the clerks, came round to see the men do their duty—in consequence of my suspicion, I stepped on one side, and spoke to Mr. Hodd—we had some conversation, and I went to the Weedon branch again—the prisoner left the room very shortly—I followed him as far as the President's desk—I there met Mr. Hodd—he called the prisoner back, and said the President wanted to speak to him—I saw the President, Mr. Hodd, and the prisoner, go into a private room—I did not lose sight of the prisoner from the moment when
the letter with the pin in it was taken off the table, till he went into the president's room—he did not in that time pick up any letter from the floor, or any other part of the office, if he had, I must have seen him—this is the letter I saw.
EDWARD HODD . I am a clerk in the General Postoffice—I was on duty in the Inland Office on the 28th of October. About nine o'clock in the morning Forbes made a communication to me, in consequence of which I went and spoke to Mr. Holgate, the president of that department, who came out of the office—the prisoner was not in my sight at the time I spoke to the president, but he was immediately after—I kept my eye on him till Tyrrell, the officer, came—in that interval he did not stoop to pick up any letter, or any thing of that kind—I called him and said, "Mence, the President wishes to speak to you "—he made no answer—he appeared to be going from me—I called him back again, and told him not to leave, for Mr. Holgate would be back immediately—he waited then—Mr. Holgate came in in a minute and a-half or two minutes, and he and the prisoner then went into the president's room—Mr. Holgate said to him, "From information I have received, I strongly suspect you have a letter which does not belong to you," or words to that effect—the prisoner made no answer to that that I heard—I was shutting the door at the time, and he might have said something without my hearing it—Tyrrell was in the room at the time—as soon as Tyrrell came in, or shortly afterwards, I observed him seize the prisoner by the wrist and struggle with him—he said, "Let go, Mence "—there was a considerable struggle between them for a minute or so—I saw he was getting the advantage of the officer, and assisted—I got hold of his other hand, and in the struggle Tyrrell took the letter from him, containing one penny-piece—the letter bears the Inland Office stamp of that morning's date, which denotes it had been stamped that morning—Tyrrell afterwards said to him that he had no occasion to answer any question unless he thought proper, as it would, perhaps, be eventually brought against him, and then asked him where he got the letter from—he waited some little time, and then said he picked it up just before Mr. Hodd called him—he had a blouze on that morning, with pockets outside.
ROBERT TYRRELL . I am a constable of the Postoffice—I assisted in apprehending the prisoner—the account given by Mr. Hodd is correct—I took the letter from the prisoner's hand after great difficulty—we all fell on the ground together—I still kept hold of his wrist and called out, "Mence, leave go "—while on the ground I succeeded in wrenching his fingers open, and from his hand I took this letter—after I took him into custody he got away for a short time and ran for a few minutes, but I got him again.
(Richard Battersby, oil and colour-man, Whitechapel-road; Richard Jarvis Tarn worth; and John Bellamy, engineer, Mill wall, deposed to the prisoner's good character.)
GUILTY . Aged 27.— Transported for Life.
(There was another indictment against the prisoner.)
GUILTY . Aged 43.—Recommended to mercy.— Confined Seven Days.
MR. CURWOOD conducted the Prosecution.
JANE EASTED . I am a widow, and lived, when this happened, at No. 19, William-street, Regent's-park, and had a child one year and nine months old—the prisoner and I had lived together—he is not the father of the child. On the night of this transaction I left the child close to the wall in bed, asleep, in the kitchen—it was ten o'clock as near as I can say—the child had been healthy that day, and had not the least appearance of disease—the prisoner wished me to go out to get him some beer and pickles—I said I had rather not go, and said "Don't hit the baby while I am gone "—I said so because he had ill-treated it before, during my absence—I at last went for the beer and pickles—I was gone about three minutes, and then returned to the room—my attention was attracted by the baby groaning dreadfully—I asked him, "What have you done to the poor baby?"—he said, "I have done nothing "—I ran to the bed, and took the child up—it appeared to be dying—I ran up to the lady, Mrs. Roe, in the parlour, and said, "Look at my poor baby "—I went to Mr. Barfoot, the surgeon, next door, and showed it to him—he gave me some medicine, telling me to to give it to the child every quarter of an hour—I saw the prisoner as I came out of the doctor's, and said, "Oh, you have murdered my poor baby "—I did not hear whether he said any thing, as I went quickly into my house, next door—the child lived till twenty minutes to three—it was taken to the hospital by the advice of Mr. Barfoot, and died rwo hours afterwards—I did not see the prisoner afterwards till he was in custody on the Sunday—I cannot say whether he remained at home that night, as I was at the hospital with the child—he was there the next morning—when I saw him at the station, I caught hold of him and said, "Oh, you murderer"—he said nothing to that—they took me from him—he said nothing to me as to how it happened—I had no conversation with him.
Cross-examined by MR. PAYNE. Q. How long had you been living together? A. Three months—we had been separated a short time, and come together again, as he wrote me a letter—he said he never would ill-treat the baby—when be came in, at ten o'clock, he had some meat, and told me to get the pan to have it cooked, which I did—he sent me for the beer and pickles, while he was cooking the meat—he was frying it when I came back, just the same as when I went out—there are a great many people lodge in the house—we were to have been married—the bans were out asked, but I delayed it some time—I intended to be married to him—I was only gone from the room three minutes—I did not put on my bon-net, nor shut the door.
WILLIAM MOODY (police-sergeant S 8.) I was present before the Magistrate, and heard the prisoner make this statement, which was read over to him—this is Mr. Rawlinson the Magistrate's handwriting—(read.)—The prisoner having been cautioned, says, I have a few words to say. I have been with this woman for the last five months, and we have been living together as man and wife. We had the bans put up at Trinity-church, in May or June; and when the bans were up last, I wished her to go to church and have it settled, to be married. She said we had better wait two or three weeks longer. We went and took a front-kitchen in Little Brook-street, and were there two months. We went to another place, up higher in Little Brook-street, and there I left her. She
moved to an oil-shop at the corner of York-square. I wished her to go with me, and we took this place in William-street, and were together ever since, except two or three days I was away, in consequence of having a few words. Last Friday and Saturday I had no work. On Saturday Mr. Linfield treated us to some gin and beer, and I took some wood home when I went to tea, and cleaned ray boots, and put on a clean shirt, and went out to Mr. Linfield's again, to get my money, and stopped late, and had some beer and gin. I took some supper home, and asked Mrs. Easted if she would go and get some beer; and while the beef was frying I went to the cupboard to get some onions, and fell on the child. I have no more to say at present."
JANE LASTED re-examined. The cupboard is by the side of the fire-place—nobody going to get any thing out of the cupboard could fall on the child—the cupboard is a good distance from the bed, too far for him to fall on the child—it is further than I am from the Jury, hut not quite so far as from the gentleman speaking to me—the clothes-horse stood between the bed and cupboard, with clothes on it—that was not disturbed as if it had been thrown down, it was just as I bad left it—I found a hammer in a basket, by the side of the cupboard—I had used it that evening to break coke.
Q. Supposing the clothes-horse had been thrown down by any body falling, was it in such a situation as to be at all likely to have injured the child—either the man or the clothes-horse? A. No, it is not probable.
Cross-examined. Q. What is the size of the room altogether, it is a small kitchen, is it not? A. Yes, not very large—the window is on the right-hand side of the room, and the fire-place opposite the door—the cup-board is near the fire-place—the tool-basket in which the coals were kept laid next, then the clothes-horse—the head of the bedstead was against the side of the room, opposite the window—I cannot tell the size of the bed-stead—we all three slept in it—I cannot accurately state the space between the bedstead and cupboard—the prisoner was in the habit of drinking some-times—he knew very well what he was about that night, perfectly well, but he had been drinking—it had not disturbed his intellects—we had sepa-rated, and come together again about a fortnight before this happened—I have lived in the kitchen, I think, six weeks to-day—there is an ironing-board against the kitchen-window, quite on the other side of the room.
Cross-examined. Q. Are you a draftsman? A. I was brought up to that profession, and swear it is accurate.
ELIZABETH ROE . At the time of the death of the deceased, I lived in the same house as Mrs. Easted—I had one of the parlours and one kitchen—on Saturday, the 20th of November, she brought the child to my door, and asked me to take it—it was in a dying state—I accompanied her to the hospital—I did not observe what injury it had received—I merely saw its face as she held it in her hands—I did not examine the head at all—I thought it was dying from its dreadful groans.
JOHN ROE . I am the son of the last witness, and live with her—I know the prisoner—I did not see him come home on the night in question, but I heard him stumble in about half-past nine or ten o'clock—I did not see him go out next morning, but I was in the kitchen between ten and eleven in the morning, and heard my mother and another woman say something—I went out, and the prisoner followed me up stairs—I went after a policeman—no one had desired me to do so, but having heard
he had come in, I thought it my duty—I was going towards the station-house—I turned round and saw him come out of the street door—I then directly turned and followed him—when he got to Mary-street, I got up to him—he asked me what I was following him for—he had turned round several times—I said he knew very well what I was following him for—he turned round, and said he would not have me follow him—then he went further down, and started off on a run—I followed him, and caught hold of him—the policeman came up just after I caught hold of him, and asked me what the bother was about—I said, in the prisoner's hearing, what I had heard the night before, that a child had been ill used, and I did not know but what it was dead—I said, in the prisoner's hearing, that a child had been brutally ill used, as I understood, by the prisoner—the policeman asked him how he came to ill use the child—he said he fell on the child, he did not beat the child—that is all that passed.
EDWARD WADE BARFOOT . I am a surgeon, and live at No. 18, Wil-liam-street, Regent's Park. The child was brought to me on the night in question—I examined it—it had evidently received some external violence, and had tumefaction on the right side of the bead, just above the right ear, going all along, and extending to the middle of the back part of the head—it was a welling—I could not find whether there was a fracture, as it felt completely pulpy—I could not then judge whether it was from one act of violence or not—I recommended its being taken to the hospital—at the post mortem examination, I found the skull was fractured, and it died of that fracture.
Q. If it had been in bed, and a man fell down on it in the bed, could it produce that injury? A. I should say not, because there was more than one fracture, and I think they were produced by more than one blow, because there was a large depression on one spot, and a smaller about three inches from the front, which was not so deep as the other—I would not say it was impossible to be done by one blow, but it is not probable—any blunt instrument might produce the injury, supposing it was not very broad—I do not think the instrument could have been very little more than an inch in breadth—(Thomas Kendall here produced a hammer)—such an instrument as this might produce the wound I saw—the depression was not more than two inches at the broadest part, and formed more of a triangin—it is not necessary that the hammer should be triangular to make a triangular depression of the bone.
Q. If it had been hit perfectly flat the probability is, it would make a circular mark? A. No—that is not at all necessary—it might be circular or triangular, as far as the instrument is concerned, only it could not be made by an instrument much larger than this—it was such a wound as would probably be inflicted by this instrument.
Cross-examined. Q. Was there any separation of the skin at all exter-nally? A. No—there was a great swelling—if done with the hammer, the swelling would not be nearer the size of the hammer, as it would continue to swell as long as there was blood under the skin—it depends on the size of the blood-vessels ruptured by the blow—it would swell as long as the blood poured out—the mother brought the child to me as soon as she found it out—I do not swear it is impossible a fall on the child would pro-duce these injuries, but it is improbable, and it would depend on the height. Q. Supposing the part that fell on the child's head was covered with clothes, would not that be more likely to produce the appearance you saw more than a hammer—if it was a hard substance covered with the man's
clothes, for instance, a man's elbow? A. It would not be more likely—it would not account for the second depression—if the man fell from any considerable height it might cause one depression—it must be a considerable height to cause the fracture.
THOMAS KENDALL . I am a policeman—I took the prisoner in custody in the street—he was told he was charged with ill-using a child—I asked why he was taken in custody—Roe told me he bad ill-used a child—I asked why he ill-used the child—he said he did not ill use it, that he was getting into bed, and fell upon the child—I will swear that he said that—I have produced the hammer, which I found in his coat-pocket behind.
Cross-examined. Q. Did Roe tell you the child had been very much injured indeed? A. Yes, and was gone to the hospital, he did not know whether it was dead or not—I asked the prisoner why he ill-used it—he said in Roe's presence that he was getting into bed and' fell on it—I did not write his answer down—Roe had as good an opportunity of hearing what he said as me—he had hold of his collar.
WILLIAM MOODY . I am a policeman—the prisoner was brought to the Station-house in custody, on a charge of having ill-treated a child—the constable said the child was taken to the hospital—I said "I will detain the prisoner here—you go to the hospital and ascertain if it is correct or not"—the constable returned with the mother, with * certificate from the surgeon that the child was dead—I asked her what charge she made against him—she said, "I charge him with the murder of my child"—I entered the charge on the sheet, read it over to him, and said, "This is a very serious charge"—he said, "I came home drunk last night, and getting into bed I fell on the child, but never ill-used it."
Cross-examined. Q. Were you present when he was searched? A. Yes—there were some onions, tea, and coffee found on him—I made no memorandum of the conversation—it was said in the hearing of Mrs. Lasted.
ROBERT DENDY . I am a surgeon of University College Hospital—I remember the child being brought there on Saturday night—I saw it as soon as I was called down—I found it insensible—I noticed a small mark on the right ear, and a small mark on the right side of the head—those marks alone were not sufficient to draw my particular attention—it expired in two hours—I made a post mortem examination, by order of the coroner, and found a large quantity of blood under the skin, nearly over the whole of the head, particularly on the right side, and a fracture—there were two fractures.
Q. In your judgment could those two fractures be caused by one blow? A. It would depend on the instrument employed—I conceive if it had been an instrument which bad two points of contact at the same time, it might—if it was an instrument striking two parts of the skull at one time, it might make two fractures, but an instrument with one face would make but one at a time—I think it probable such a fracture might be produced by a common hammer—they were such fractures as were likely to be produced by this hammer—I cannot say they were so, but such a weapon was likely to produce them—the face of it, or it might have been the side—it was certainly not the claws—I have not the least doubt the wounds caused the child's death.
Cross-examined. Q. Where did the largest fracture commence? A.
At the forehead, and extended horizontally backwards to the back of the head, across the whole of the parietal bone to the middle of the occipital bone behind—there was another fracture from about the centre of this, upwards towards the top of the head—there was a very considerable depression of the bone there.
Q. Where was the third line of the triangle? A. It was a mere imaginary line—the base of the triangle was in front—the fractures were not at right angles—it did not go in a direct line upward, but slanting—I merely express an opinion as to the probability of the particular instrument doing it—I will not say other things might not produce it as well as a hammer—the bones of children of that age are not more brittle than elder persons—they are softer, and yield easier to pressure—I think it would require greater force to cause a fracture with a blow.
Q. But not with a fall? A. It would not make much difference—the kind of fracture would differ.
Q. Suppose force was applied to a part of the head, might it not produce a double fracture, one part going horizontally, and the other upwards, by the same blow, might not the fracture take two different ways? A. Yes; but you do not understand what I mean by two fractures—there was another fracture, separate from this, and depressed—there were not three fractures—the other was behind—not a third fracture—by lines, we do not mean fractures—the two lines were one fracture—there was another behind, in the back portion of the same bone, the parietal bone, near the lower part of the head—I think it very improbable all this could be produced by one act of force applied to the head—I will not swear it could not be.
MR. CURWOOD. Q. Supposing the child was in bed, and a man fell over it in getting into bed, was that likely to produce the injury? A. I do not think it likely, nor probable.
COURT. Q. Suppose a drunken man went to bed in his clothes, and two buttons to be near one another, and the man fell on the child with that part, do you think these depressions would be accounted for by that? A. No, I do not think the force could be sufficient to depress the bone to the extent it was—the force must be very great.
Q. Might not a drunken man fall with great force? A. It depends entirely on what part of his body struck the child—I do not think it possible that the force of a falling man would be sufficient to cause the injury, even if the buttons came against the child—here are two brad-awls found on the prisoner, produced by the policeman—I do not think these could have produced it, if in his pocket.
JANE LASTED re-examined. When I left, I desired him not to ill-use the child, because he had ill-treated it before, when I have been out of the way, as there have been marks on it when I have come home, and I mentioned it to him; and he said once he fell down in the street with it—he slapped it once in the face with his hand, when I had it in my arms—he never liked the child—he used to call it names—he said one night, "Take the little b—g—r out of bed"—that was not a great while before—I do not think it was after his last return.
Cross-examined. Q. It was about three weeks before, that he slapped it?
A. Yes—there have been marks on its bottom—I never whipped it—I
have always been a good mother to it—its name was Timothy Lasted—it
had been christened.
(William Wildman, chinaman, of Paddington; Frederick William Moore,
of Harrow-road, baker; Henry Stevenson, Praed-street, Paddington; and—Browning, baker, Spring-street, Paddington; gave the prisoner a good character for humanity and kindness.)
GUILTY . Aged 28.— DEATH .
Second Jury, before Lord Chief Justice Denman.
MR. CURWOOD conducted the Prosecution.
JOHN REED . I am a brewer's servant. On the 13th of October, about a quarter to four o'clock, I was sitting on a dray, which my fellow-servant, John Sneezeby, the deceased, was driving out of Rupert-street into Coventry-street, Haymarket—it was quite light—two busses—were coming from the Black Horse public-house, which is at the other end of Coventry-street, one behind the other—the buss—which knocked the deceased down, and ran over him, belonged to Thomas Powles—the prisoner was driving that buss—they—were coming at from ten to twelve miles an hour, from a trot to a canter—Sneezeby was at his fore-horse, by the head, turning round the corner—he was going as carefully and steadily as any man could drive a horse—it was the second buss—which knocked him down—he was knocked down by the fore-part of the buss,—and both wheels went over his body—he did not die for eight days—the people went up to the buss,—and told the prisoner he must step down, if he pleased, and took the name and number of the buss—the prisoner gave himself up to the policeman, who was standing on the side of the street, and he was taken to the station—the buss—was certainly not driving carefully—he had pulled from his right side against the deceased.
Cross-examined by MR. CLARKSON. Q. Were there two drays? A.—No, only one—there were two horses in it—I never said there were more—there was a third omnibus some distance behind—Mr. Winter, Mr. Weale, Mr. Stillard, and Mr. Footed were examined at the inquest—the deceased was at the head of the fore-horse, and had it by the rein—he was crossing from Rupert-street into Coventry-street, towards the Haymarket, turning short round the corner by the lamp-post—I knew the prisoner before by sight, but not by name—I have seen him drive busses—some years ago.
— EASTWOOD. I am a policeman. I took the prisoner into custody—I saw two busses—coming towards the Haymarket from Whitcombe-street—they were going at between ten and twelve miles an hour, which is a very fast pace—I saw the driver of the dray turning the corner, and saw the omnibus knock him down—he was driving the dray at a moderate pace—the omnibus was stopped, and the prisoner given into my custody—in my judgment the omnibuses were driving improperly and carelessly—there are a great many foot-passengers crossing the road there frequently, and, in my judgment, it was dangerous to those persons for the omnibuses to drive so fast—when the prisoner was taken he said he was very sorry it had happened.
Cross-examined. Q.—Is it a wood pavement where the accident happened? A.—Yes—it was a wet day, and the wood pavement was slippery—Idid not interfere at all to prevent any witness going before the Grand Jury—I did not interfere to prevent Mr. Weale from going before
the Grand Jury—I merely asked if one of the opposite party was wanted to go before the Grand Jury.
Q. How did you know him to be one of the opposite party? A. Because he was on the buss at the time the accident happened—I do not know who it was that I asked whether he was to go before the Grand Jury—it was some one at the door—I did not endeavour to prevail on the officer not to put his name on the back of the bill, stating that he was one of the opposite party—I did not speak to the officer about it—I do not know who it was—it was a person in the indictment-office—I had beard Weale examined before the Coroner—when Weale was called into the room, I endeavoured to shut him out, I recollect now—I did not know he was called in—I know some witnesses, who were inside and outside the omnibus, stated at the inquest that it was going at six or seven miles an hour—I did not represent that any other witness was one of the opposite party—yes, I now recollect I did, William Stillard and Winter—I prevented Winter from going in—I did not prevent Footed—I saw him there, and he went before the Grand Jury.
MR. CURWOOD. Q. Who is Weale? A. He was behind the omnibus at the time, acting as conductor—I did not see Winter there—I did not hear him examined before the Coroner.
Q. Why prevent him going before the Grand Jury? A. I did not know whether they were all wanted in there or not, or whether the persons for the prosecution only were wanted—I did not receive any instructions from any body as to how I was to act.
JARVIS FOOTED . I am a colour maker—I was in Coventry-street, standing at Mr. Smith's door, No. 21—I saw these omnibuses comes up towards me, at, I should say, about six miles an hour—they were trotting, but not sharply—I could not see the dray because there were other vehicles in the street—I did not see the deceased, but I saw the movement of the omnibus, as though it went over something, and it was that which drew my attention to it—if the driver of an omnibus going at six miles an hour were to see a man ahead, I should say he might pull up in time to prevent an accident.
Cross-examined. Q. You had nothing to do, I suppose, with the omnibus or the dray? A. I knew nothing of either party—the driver of the omnibus pulled up immediately the man was run over—I should say he pulled up as early as he could under the circumstances—he seemed frightened when he pulled up his horses—he did not pull them to a stand-still, they walked some distance before they stopped—the omnibus was going at the usual pace of omnibuses.
Cross-examined. Q. At what pace was the omnibus travelling at the time the accident happened? A. I should not think more than six miles an hour—it was on its right side of the road.
OCTAVIUS FREDERICK HERITAGE . I am a surgeon—I attended the deceased—he died on the 21st of October—the cause of his death was rupture of his kidney and spleen, combined with the hemorrhage induced by the bleeding in those two organs—the wheels of an omnibus going over him would most probably produce that.
MR. CLARKSON called
the 13th of October, I was in Coventry-street, driving Mr. Clark's Pim-lico omnibus, coming into the City—when the deceased was driven over I was at the corner of Panton-court, on the near side of Coventry-street, with my face towards the prisoner's omnibus—I saw the pace at which he came—he began with a walk and did not come on above five miles an hour—he could not have come more than that, the distance would not allow him—he had not got above twenty-five yards from the Black Horse at the time—the wood pavement is very slippery in wet weather, and very dangerous for horses—the prisoner's omnibus was on its right side, the near side—one of Mr. Powell's omnibuses had just passed us, and was about thirty yards off—the brewer's dray came out of Rupert-street—the deceased had hold of the first horse with his left hand, trying to stop the other horse from coming on the pavement, but being on the wooden pavement the horse could not stop the weight of the dray, and the chain-brace of his own horse caught him and chucked—him under the omnibus, which came on the near side—being on the wooden pavement the deceased could not hear the noise of the omnibus—the omnibus was going so slow at the time, that he had time to scream between the first and second wheels going over him—he did not know that he had run over the man till I called, "Stop, stop, look what you have done "—he looked the reverse way—he pulled up almost immediately and got down—it certainly appeared to be an accident on the prisoner's part and nothing more—if the buss—had struck the deceased it would have chucked—him under the dray—if the splinter bar had caught him, it would have thrown him to the off side, but the chain-brace of the dray caught him—no one could have seen so well as I could from my position—there was nothing passing at the time but the two omnibuses and the dray.
MR. CURWOOD. Q. If he had looked out could he not have seen the drayman? A. You can very seldom hear any thing on the wood pavement—if parsons are passing, you must halloo very loud to get them out of the way.
WILLIAM STILLARD . I was a passenger by Mills's omnibus—I know nothing of the prisoner or any of the party—I saw the wheel of the omnibus go over the man—to the best of my judgment, the omnibus was not going at more than six miles an hour then—I did not see how the man fell—I was not looking in that direction at the time—I was sitting on the right of the coachman, not on the box—the prisoner pulled up directly—I certainly did not suppose that he was driving carelessly or recklessly.
MR. CURWOOD. Q. Do you know any thing of driving, yourself? A. I cannot say I do.
COURT. Q. On which side was the omnibus coming? A. On its proper side, the near side—I thould say it was not more than a yard from the curb—the deceased was rather nearer Oxendon-street than Rupert-street, opposite both streets, nearer the Black Horse.
WILLIAM JOHNSON . I am coachman of a Brentford omnibus, belonging to Mr. Hatfield. On the 13th of October, about ten minutes to four o'clock, I was at the comer of the Haymarket, looking back towards Co-ventry-street—I saw the omnibus the prisoner was driving, coming at about six or seven miles an hour—I was forty or fifty yards from it—I saw it start from the Black Horse as I was on my box—I saw the Pimlico omnibus standing by Coventry-street—I saw the accident happen—at that
time the prisoner's omnibus was about a yard from the curb, on his right side—I should say the deceased's own horse struck him—I saw it—if he had been struck by the splinter-bar of the omnibus, he would have fallen away from the wheel of the omnibus, rather than under it—the prisoner pulled up directly, and surrendered himself to the police—as far as I saw, there was nothing like recklessness or carelessness in the prisoner's conduct.
MR. CURWOOD. Q. Six miles is about the usual pace of omnibus driving? A. Yes—I have seen them go at seven or eight miles an hour, but never at ten or twelve—the man's own horse struck him in the chest as he was walking backwards towards the omnibus.
COURT. Q. You said you should say his own horse struck him? A. It did strike him, I saw it strike him.
WILLIAM ROBERT Loose. I keep the King's Arms hotel, at Hampton-court. I have nothing whatever to do with these parties. On the 13th of October I was standing at the corner of Oxendon-street and Coventry-street, and saw the Brentford omnibus, which the prisoner was driving—tothe best of my judgment it was going at about seven miles an hour—it was nothing like ten or twelve miles an hour—it was not going at a pace dangerous to the persons about—I saw the dray coming from Rupert-street into Coventry-street—the deceased was at his fore-horse's head, crossing Coventry-street from Rupert-street, endeavouring to get to the near side of the street—I saw the omnibus going by on the near side of the street, which was on its right side—the deceased was more than in the middle of the road—if he had obtained the near-side, he would have been on his right side—in order to turn round the post, it was necessary to make a bend to go to the near-side—he would have to go straight across the street to get to it—the dray was going towards the Haymarket, which would bring the deceased more into the middle of the road, on the side which he was endeavouring to avoid—he had his two horses and part of the dray out of Rupert-street, in Coventry-street—the omnibus was going by on the near-side-of the road, consequently the deceased, who was at the fore-horse's head, was on the off-side of the omnibus—by some means, I do not know what, he was knocked down—I was not on the off-side to see—I was on the Oxendon-street side—the moment the omnibus passed him, I saw him lying in the road on his back—I do not know whether he was knocked down by his own horse, or by the omnibus—I could not perceive any negligence or carelessness on the part of the prisoner—I had crossed the road myself the moment before—the prisoner pulled up as soon as he could on the wood pavement—it is very difficult to pull up on the wood.
MR. CURWOOD. Q. In order to come round the corner, the deceased must necessarily take a great sweep, which would carry him for a short time on his wrong side? A. I do not know that it would have been his wrong side, if he could have obtained it without there being any vehicle—there is no corner—he made his way direct from Rupert-street to the corner of Coventry-street—he crossed the street—I do not think the prisoner could have pulled up in time to prevent the accident—the deceased seemed determined to get to the near-side, and the prisoner concluded there was room to pass him—I imagine it was as much the fault of the drayman in not pulling his horse on one side—I do not think the prisoner
could have pulled up, owing to the slippery state of the pavement—I should say it would prevent his pulling up for ten yards.
COURT. Q. Then ought he to go at that pace on the wooden pavement? A. That is for better judges than me—I do not think seven miles an hour an extraordinary pace—I think the wooden pavement was the great cause of the accident—I picked the man up, took him into a chemist's shop, administered some medicine to him, and helped to put him on a stretcher—I should have attended at the inquest, had I not been ill.
(The prisoner received an excellent character.)
NOT GUILTY .
First Jury, before Mr. Recorder.
GUILTY . Aged 13.— Judgment Respited.
HANNAH PEARSON . I am a widow, and live in Star-street, Paddington, the prisoner is my granddaughter, and lived with me—I let lodgings. On Saturday, the 5th of November, I missed a cloth cloak, which had been left to me by a gentleman who died three years ago—I had seen it safe about three days before—when the prisoner came home that evening I spoke to her about it—she said she knew, nothing about it—I asked her for the key of my drawer, and she threw it on the dresser at me.
THOMAS HARRIS (police-constable D 14.) I was called in to the prosecutrix's house, and said to the prisoner, "You hear what your grandmother charges you with "—she said, "May I be struck dead if I know any thing about it"—I took her to the station, and afterwards found the cloak in pledge.
GEORGE CLARIDOE . I am shopman to Mr. Fairlam, a pawnbroker in Lisson-grove. I produce the cloak, which was pledged on the 5th of November for 8s. by the prisoner, in the name of Ann Blake—she had been in the habit of using the house once or twice before—I knew her face, but not her right name—I swear positively she is the person.
HANNAH PEARSON re-examined. This is the cloak I lost from the drawer, I know it by the clasp—I can swear to it—the prisoner had no right to take it—we lived on good terms, but I could not keep her from bad company—I brought her up from a child—her mother is living.
GEORGE THORNTON (police-constable D 109.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—I know the prisoner to be the person referred to in it—I was present at her trial—(read)—she robbed a girl she was living with, but her grandmother begged her off.
GUILTY .— Transported for Seven Years.—Recommended to the Penitentiary for One Year .
81. CHARLES TYRRELL was indicted for burglariously breaking and entering the dwelling-house of John Rysdale, about the hour of one in the night of the 2nd of September, at St. Leonard, Shoreditch, with intent to steal, and stealing therein, 48 stocks, value 8l.; 5 pairs of braces, value 7s.; 1 coat, value 20s.; 1 umbrella, value 5s.; 3 tea-spoons, value 12s.; 2 boxes, value 8d.; and 96 farthings, his property.
JOHN RYSDALE . I am a silk-stockmaker, and live Wenlock-cottages, City-road, in the parish of St. Leonard, Shoreditch—it is my dwelling-house. On going to bed, on the night of the 2nd of September, I saw my house and clothes safe, the doors were locked, and the windows down—one of the windows which looks into the street had neither shutter or fastening—on coming down next morning, I found the house had been entered—I missed forty-eight stocks from my warehouse, which is part of the dwelling-house, also five pairs of braces, a coat, umbrella, nine silver spoons, and ninety-six farthings, from a cupboard, and two boxes from a lumber-room—the property altogether is worth at least 10l.—I found foot-marks on the cill of the warehouse window, which had no fastening—the prisoner is my brother-in-law—he had been in my service, but I had discharged him, two days before the robbery—he was aware that that window had no fastening—I am positive it was shut down.
JANE RAWLINS . I am the prosecutor's servant. On the 3rd of September I went down stairs at six o'clock in the morning—I had heard the Church-clock strike not a minute before—I found the back-door unbolted, and a few things taken from the kitchen cupboard.
WILLIAM WEST . I am pot-man at the Wenlock tap, Edward-street, City-road. In August and September last I was at the King William the Fourth public-house, Shepherdess-walk—the prisoner used to lodge there, and was in the habit of sleeping with me—on the night of the 2nd of September he was not at home—I saw him next morning at No. 11, Well-street, taking breakfast, and I told him there was a party after him, about getting him a situation—I saw him at my master's next night, and not again till he was in custody.
THOMAS GREEN . I am a labourer, and live in Weymouth-street, New North-road. On the night of the 2nd of September I left the King William the Fourth public-house, in company with the prisoner, and went as far as opposite No. 13, Wenlock-cottages—he said he was going to sleep at his sister's that night, and he would see me in the morning, to pay me a little money which he owed me—I went home, leaving him on the spot—it was then past twelve o'clock—I did not see him again till he was in custody.
Prisoner. It was only eleven o'clock when we left the public-house. Witness. It was later than that—it was my duty not to leave till the house was closed.
CHARLOTTE BEASTON . I am the wife of William Beaston, and live with my mother, who keeps the King William the Fourth, in King William-street, Strand. The prisoner came to lodge there—he said he was traveller to a wholesale stock merchant—two days after he came, he brought three spoons, and left with my mother, and a quantity of stocks—he sold some of the stocks to our customers—he said they were last year' goods, and very much tumbled, and he was selling them for his brother-in-law, in the City-road—he brought two boxes, one one day, and another the following day—he inquired for the spoons some days after, and I gave them up to him—he then asked me to purchase them—I said, if I knew the value of them I would do so—I sent our boy over to a shop opposite, to know the value, and I paid him 13s. for them—they weigh
2oz. 12 dwt. he said he became possessed of them by his father's death, that he had left him several things, which he should dispose of, as they were of no service to him, the spoons among the rest.
Prisoner. When I came to your house on the Monday night, you asked what I did—I said I had just been living with my brother-in-law who sold stocks—as for selling the stocks, I did not see them, much less sell them Witness. I did not see him sell them, but our waiter bought two—I saw from sixteen to twenty stocks in each box.
GUILTY .* Aged 19.— Transported for Ten Years.
(There was another indictment against the prisoner.)
82. ROBERT MULWAY was indicted for feloniously breaking and entering the dwelling-house of Joseph Masters, about one o'clock in the night of the 2nd of November, at St. Mary, Newington, with intent to steal, and stealing therein, 1 watch, value 1l. 10s.; 1 knife, value 2s.; 1 coat, value 3l. 15s.; 1 pair of gloves, value 1s.; 1 half-sovereign, 2 shillings and 2 sixpences; the goods of Charles Bridge; also 1 pencil-case, value 4s.; 2 pairs of earrings, value 10s.; 9 knives, value 18s.; 1 pincushion, value 4s.; 9 brooches, value 3l.; 9 breast-pins, value 2l.; 2 other breast-pins and chain, value 2s.; 1 pair of boots, value 5s.; and 1 purse, value 1s.; the goods of Joseph Masters; to which be pleaded
GUILTY .† Aged 20.— Transported for Ten Years.
(Joseph Buck, No. 124, Newgate-street, gave the prisoner a good character.)
83. WILLIAM TROTT was indicted for feloniously breaking and entering the dwelling-house of Maria Eliza Stapleton, on the 13th of October, at St. James, Westminster, and stealing therein, 2 pieces of handkerchief, value 4l. 10s.; and 140 handkerchiefs, value 30l., her property.
WILLIAM RUSSELL . I am assistant to Maria Eliza Stapleton, a hosier and glover, Nos. 10 and 11, Burlington-arcade—they are two houses, but it is all one inside—the robbery was committed at No. 11—about half-past six o'clock, on the evening of 13th of October, I was standing behind the counter, and observed a blank space in the window—on looking closer, I saw a pane of glass broken, and missed a quantity of pieces of handkerchief, amounting to about 180 handkerchiefs—they were not hemmed when lost, but in pieces—I was shown some by Trew, about a week after, hemmed—these now produced are them.
Cross-examined by MR. BALLANTINE. Q. They are very common patterns, are they not? A. I should say they are rather uncommon—I should not think it likely you would find many of that pattern.
called him by his name—I saw he was rather confused—I called to him again, and as soon as I called the second time, he ran away—I ran after him, and apprehended him about 100 yards from the place—he made a desperate resistance—I saw him put his hand into his coat-pocket—I caught hold of him, put my hand into his pocket, and pulled out six silk handkerchiefs wrapped up altogether in his pocket—I also took one from his neck, and Kemp took some from him—I asked where he got them—he said he had picked them up in the court where we saw him—I said, "You could not have picked them up there, as we have just passed there"—he said he had—I had passed through the court half a minute before, and there were no handkerchiefs there then—the court is three or four miles from the prosecutrix's.
Cross-examined. Q. You knew his wife, did you not? A. I do not know that he has got one—I never talked to him about any woman—I found nine handkerchiefs on his person altogether.
WILLIAM RUSSELL re-examined. Here are four different patterns which I recognise—there are two of one pattern, which makes five altogether that I can speak to—we lost some of each of those patterns—we have one handkerchief remaining which corresponds with one of these—I know nothing of these stockings.
Cross-examined. Q. I—suppose you have sold some of these patterns? A. It is possible, but that I cannot answer—we had a piece of each pattern—four of the handkerchiefs found on the prisoner, and now produced, I know nothing of—we had no patterns of that sort.
NOT GUILTY .
CHARLES FOSSETT . I live at No. 76, Regent-court, Quadrant. On Saturday the 2nd of October, about twelve o'clock at night, I missed about seventeen handkerchiefs from a side window—it had been previously cracked, but a large piece had been taken out, and the property taken through the hole—here is one handkerchief, produced by the officer, which I recognize—all I lost were hemmed—this is a very particular pattern—I never saw one like it before, and never had one—I have been in the trade sixteen years—it is very rough on one side, and it has every appearance of the pattern I lost—it is the first handkerchief of the piece—I have the remainder with me—they are precisely the same—all I lost were different patterns—I cannot recognize any of the other handkerchiefs.
Cross-examined. Q. You produced the handkerchiefs in the last case? A. Yes; I produced all I found—I did not know that these had nothing to do with the last case—I was ordered out of court, and not knowing which case would be called on first I put them all there—I do not know where the prisoner lives—I have made inquiries, but cannot find out.
—I believe the hemming of this handkerchief to be mine—I have hemmed one of this pattern, and believe it to be my work—I have no recollection of hemming more than one of that pattern.
NOT GUILTY .
85. WILLIAM REEVES was indicted for stealing, on the 29th of October, 200 cigars, value 4l.; 1 cigar-case, value 1s.; 4 sovereigns, 1 half-sovereign, and 10 shillings; the property of William White, his master, in the dwelling-house of Rebecca Godfrey.
MARY SMITH . I am servant to Miss Rebecca Godfrey, of No. 103, Strand—Mr. White occupies the shop and parlour—the prisoner was in his service, and was in the habit of opening the shop-window of a morning—on Friday morning, the 29th of October, about nine o'clock, I let the prisoner in as usual—he went to his master's room, took the key, and went into the shop—afterwards knocked at the door, and asked me if I would mind the shop for him while he went to fetch a bundle of wood—I watched the shop for half-an-hour—the prisoner did not return, and I called his master—no one had been in the shop from the time he left till I called his master.
Cross-examined by MR. PAYNE. Q. What is Mr. White? A. tobacconist—he also keeps a billiard-room underneath the shop, where the prisoner used to attend sometimes till late at night.
WILLIAM WHITE . I occupy part of the house—there is a separate entrance to my part, but it is never used—the prisoner was my servant, and had 6s.—a week and some of his board—it was his business to open the shop in the morning—on Friday morning, the 29th of October, I gave him the keys, about nine o'clock—Smith called my attention to his absence—I went into the shop and missed a bundle of cigars and a cigar-case—I immediately went to my desk and found it broken open by a chisel, which was by it—my cash-box was broken open, and four sovereigns, one half-sovereign, and ten shillings in silver gone—it had been safe over night—I had locked it up in the desk, and had the keys with me—there were no persons then in the house playing billiards—the prisoner was aware, I kept my money there—I described the prisoner and gave information, and he was apprehended the same day, but I did not see him till the 2nd of November, as I had gone out of town to look for him—he had no occasion to go and fetch wood for me.
Cross-examined. Q. How long was he in your employ? A. He was with me on two separate occasions, about six months each time—he had his supper with me—he did not attend a great deal in the billiard-room—I attend to it principally myself—I had a good character with him—he is an illegitimate child, and was abandoned by his parents.
ISAAC SLADE . I am a policeman. I received a description of the prisoner, and went in search of him—I found him at the Grapes public-house, in Old Compton-street, Soho—I asked if he knew any person named White, who kept a tobacconist's shop in the Strand—he said "No"—I repeated the question—he still denied knowing any such person—I then told him I believed him to be the person I was in search of, and he was my prisoner—I searched him, and found on him this cigar-case, one sovereign, and seven shillings in silver, one penny, and two halfpence.
Cross-examined. Q. Was he alone? A. Two or three females were standing in front of the bar alongside of him—I don't know that they were in his company—I had seen him there about two minutes before I spoke to him—I had not seen him in company with any female.
WILLIAM WHITE re-examined. I believe this cigar-case to be mine—I have one here exactly similar to it—it was new when I lost it—the word "cigars" is written on it in gilt characters, and it is the same colour as the one I lost.
(The prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy by the Prosecutor and Jury.— Confined Six Months.
86. GEORGE BARNES and WILLIAM CORNISH were indicted for burglariously breaking and entering the dwelling-house of Owen Hiles, on the 29th of October, at St. Leonard, Shoreditch, about one in the night, with intent to steal, and stealing therein, 1 coat, value 1l. 10s., his goods.
OWEN HILES . I am a baker, and live in Hoxton Old Town, in the parish of St. Leonard, Shoreditch. The prisoner Barnes was in my service about four months, as a baker, and left about the 22nd of September—on the 29th of October I went to bed about five minutes before eleven—I locked the front door, and my boy fastened the back door—I did not see him do it—next morning, about half-past five, I came down into my parlour, at the back of the shop, where I kept a little spaniel bitch—I did not see her there—I went into the shop, and up stairs—I then went to the back door, and found the bar down, the door open, and the cellar door open—I went backwards, and found a square door at the back of the bakehouse, over the oven, open, and a place where they could get over the tiles the back way—there is a cellar-flap in the street, which is kept down by its own weight—the doors I found open I did not see fastened—my boy was directed to fasten them—I missed a frock coat.
WILLIAM HOWARD . I am in the prosecutor's service. On the 29th of October I met the prisoner Barnes at the corner of King's-row, Hoxton—He asked me where the dogs were kept—I said, Little Frisky was kept down stairs, and the other up stairs, in the back room—I met him again on the Saturday following—he said, "You have lost Little Frisky,—have you not?"—I said, Yes—he asked me if any of the pups were gone—I said, No.
Barnes. I met him on the Friday as the robbery was committed on the Friday night—I said, "Your master has drawn his batch soon to-day"—he said, Yes—I said, "He does not lay in bed so late now as when I was with him"—he said, "No, he gets up sooner," and that was all that passed—on Saturday I met him again—I said, "Your master has lost a spaniel dog, has he not?"—he said, Yes—I asked who had it—he said, "A person in the Land of Promise"—I said, "Did he give a sovereign to have it back again?"—he said, Yes—I said, "I saw bills in the windows about it," and knowing the name, I thought it was his, and that was all that passed. Witness. He did not tell me he had seen bills in the windows—there were bills in the windows—my master had given 1l. to have it back, but Barnes did not say he had heard that—I believe a Mrs. Brown had it, in the Land of Promise—he had received it back before the robbery, and it was stolen again on the night of the robbery—it has not been recovered since.
HENRY DELL . I am a baker, and live in Luke-street, Paul-street, Shore-ditch, and work for the prosecutor every Saturday morning. I went to the King's Arms public-house, Craven-buildings, City-road, last Sunday week,
and saw Barnes there—I asked if he knew of a situation—he said he did not—he said, "You work at Mr. Hiles's every week, don't you?"—I said, "Yes, I go to hatching"—he said Mr. Hues had had him up to Worship-street, he was remanded for a week, they could not find any thing clear against him, and he was discharged—I asked what he was had up for—he said, "For Mr. Hiles's coat and Little Frisky"—I said, "Were you innocent or guilty?"—he said he had taken the bitch, and he had taken the coat—I asked what he did with it—he said he had sold the little bitch for 12s. to a man named Box behind Shoreditch church, that Box had not got possession of the money at the time, and he gave him 12s. at his house, and he gave him a receipt to sign—he said he did not put his own name, but some one else's—he said another man had pawned the coat for 7s., and sold the duplicate to a man for 5s., who took the coat out of the shop it was pawned at, and put it into another—I asked how he got into the house—he said by the flap under the shop-window, and went out the back way—I do not know how he came to make this statement to me—he knew I was working at the prosecutor's every Saturday morning—I was; never down in the cellar, and do not know where the flap leads to.
Barnes. I never told him any thing at all about being guilty—he asked me some questions, and I said anybody could go and break into Mr. Hile' as house at night, the flap was unfastened, and anybody could go and take it away and he not hear them, as he sleeps so sound—I never told him I had done it, but that anybody might do it—I never told him that I sold the bitch for 12s., or any thing about the coat.
JOHN WIDDICOMBE . I am a journeyman baker in the service of Mr. Brooks of Hoxton Old Town. On the 7th of November I met the prisoner Cornish in the street—he asked me to buy the ticket of a coat which was in pawn at Mr. Elliott's in Kingsland-road—I went there, tried on the coat, and gave him 5s. for the ticket—a week after I met Barnes—he said, "You bought the ticket of a coat, have you not?"—I said, "I have"—he said, "Don't you take it out, it is stolen; I would rather give you 6s. than you should take it out of pawn"—I had seen Barnes before, but never had any acquaintance with him.
Cross-examined. Q. Did you know Cornish? A. Yes—I knew him before—I never knew but he was a very honest lad.
BENJAMIN RICHARD MURRAY . I am in the service of John Elliott, a pawnbroker in Kingsland-road. On the 1st of November a coat was pledged at our shop for 7s. in the name of Will I am Harris—I cannot identify either of the prisoners—I have a slight recollection of Cornish, but cannot swear to him—Widdicombe came and looked at the coat next day, he produced the ticket, tried the coat on, paid the interest, and took a new ticket.
JAMES CLARK (police-constable N 15.) I apprehended the prisoner Barnes last Wednesday week—I told him what I took him for—he said, "I have been taken once on it, and I know nothing about it"—I afterwards took Cornish.
Cross-examined. Q. Nothing transpired between you and Cornish? A. Nothing.
OWEN HILES re-examined. This is the coat I lost—I have never seen Frisky since—the Land of Promise is a street adjoining my house—I lost the bitch a week or a fortnight before, and a party there found it—I gave a reward for it—I and the officer went to find the man to whom Barnes sold the
dog, but found no traces of him whatever—when they find they are stolen they send them abroad—Barnes was remanded for a week, and then discharged, the coat and dog not being found—the second time I missed my dog was on the morning of the robbery.
BARNES— GUILTY . Aged 21.— Transported for Ten Years.
CORNISH— NOT GUILTY .
NEW COURT.—Thursday, December 2nd, 1841.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 34.— Confined Two Years.
FURBEY pleaded GUILTY . Aged 24.— Confined Six Months.
PRICE pleaded GUILTY . Aged 32.— Confined Three Months.
GUILTY . Aged 18.— Confined Two Months.
GUILTY . Aged 17.— Confined Nine Months.
91. CAROLINE DRISCOLL was indicted for stealing, on the 1st of November, 1 cloak, value 10s., the goods of George Smellie :— also, on the 1st of November, 2 handkerchiefs, value 2s. 6d.,—the goods of Joseph Hawes ; to both of which she pleaded
GUILTY . Aged 29.— Confined One Year.
ALFRED SWEETING . I live in Bartlett's-buildings, Holborn. The prisoner was in my service, on the 27th of October—it was his duty to come at seven o'clock in the morning, to clean boots and shoes—about eight I came down, and missed a pair of boots—the prisoner was gone—I have not seen them since.
EMILY SWEETING . I live with my uncle, the prosecutor. I gave the prisoner the boots just before seven o'clock, to clean, he went away soon after—I do not know what became of the boots—Hayton missed them soon after.
Prisoner's Defence. I did not have them; she gave me two pairs of
boots, I took them down stairs, and put them on the box; she then asked me to get some coals; my master gave me a proof sheet to take to King-street, Covent-garden, the night before, I took it in the morning.
ALFRED SWEETING re-examined. He took away a proof and copy—I have never seen or heard of it since—he never came back till he was taken by the policeman, four or five days after—he ought to have come back again that day.
GUILTY . Aged 18.—Recommended to mercy.— Confined Three Months.
JOHN KISSICK . On the 10th of November, the prisoner came into my shop, in Tottenham-court-road, and purchased half a sheet of paper, and wrapped up two old knives and forks, which he stated he was to leave there for the conductor of one of the omnibuses—I said it was a mistake —he said no, it was all right—he went to the public-house, and then came and asked us to let him look at the Dispatch newspaper—he stood with his back to the door, reading the paper—while we were at tea a coach came to the door, I went to speak to the coachman, the prisoner went out past me, I turned, and missed three volumes off the counter—I went to one shop, and he had just offered them for sale.
Prisoner. I deny being near the shop, and at the office you said you could not say they were the books. Witness. I swear distinctly to them, and have not the least doubt of him—he was two hours in and out of the shop.
HENRY WHITE . I am a bookseller, in Oxford-street—these books were offered to me by a young man for sale who made his escape—he asked 5s. for them—I refused to purchase them—the prisoner was about three doors off—the other young man joined him.
Prisoner. The young man said, "This is the man that gave me the books; but I deny being in the shop, or knowing where it is." Witness. You were together—this was at a quarter past seven o'clock—they were lost at seven.
GUILTY . Aged 24.— Confined Six Months.
(There was another indictment against the prisoner.)
Before Mr. Justice Coltman.
HARRIET SEAWARD . I am the wife of Samuel Seaward. The prisoner was employed in the house as servant, to go on errands and to pay bills, when there was not work for him as a labourer in the factory—I deal with Mr. Driver, a fishmonger—I have occasionally sent the prisoner with orders to Driver, and to pay accounts, which were kept in a book—I sent the book every time I sent orders—the orders were written at the fishmonger's—my orders were to send fish, without specifying what sort—he sent what was convenient for the day—about the 15th of October twelve-month I tore the last leaf out of the book, and gave the prisoner the money to pay it—I received this receipt from him, but I am not sure whether it was by his own hand or not, because I had removed to the west end of the town; and in one instance, when he paid a bill for me, he was not to return
to the house that night—I said, "Send me the receipt by post"—whether it was in this instance, or not, I cannot say—I think I received this from his own hand, hut I cannot say positively—the one which I had by post I received in the course of the following morning—it was merely enclosed in an envelope—there was no writing except the direction—I have not got it—I suppose I burnt it—I never keep any thing of the sort—the envelope was in his handwriting, I am sure of that—I filed the receipt after I received it.
Prisoner. Q. Have you not had other persons call to pay Mr. Driver? A. No—I have not sent other persons to pay bills within the two years the prisoner was with us—I did not at the time I was leaving the factory—I did not give some money to Sarah Little to pay Mr. Driver, nor to Charles Witham—I came to the factory, and left a small bill to be paid to Mr. Avendry for Mr. Seaward's lunch—I paid Mr. Hill myself—I remember your coming with a load of turf from Epping Forest—it was shortly after we came to the new house, which was in September—I do not think the turf came till October, but am not sure—I do not think I ever caused Mr. Driver to be paid at the door—I should not do that when I had an account with him—I have had receipts put into the book, and also a stamp receipt for the last amount before this.
Q. Who did you send the money by for this former receipt, which was in January, 1840? A. I think you paid this bill yourself—here is the leaf, and the stamp receipt with it—I cannot tell the exact day I came down to Limehouse—I should think it was in October—I remember going out to a dinner party, and calling at Mr. Seaward's, in Church-row, on my way there—it is very likely you brought a parcel to me at Church-row, but I do not recollect it—I think I told you to put a parcel in the portmanteau, or said that it was for me to take home that evening—I do not know the time I went to the dinner party—I do not recollect your bringing the parcel, and having it put into my portmanteau—I remember something about the parcel, and I reprimanded you for not bringing all I asked—I think I gave you some gold to pay Miss Brown—I think you paid it—I may have taken away the gold, and given you a 5l. note—I remember losing a note, and finding it on the floor of the store-room—I did not accuse you of stealing it, to my knowledge—I did not desire you to feel in your pocket and see if you had it, to my knowledge—I may have done it—I never sent any one to pay money to Mr. Driver but you—if you have been out, I may have sent my house servant with orders—I have no reason to doubt your honesty previous to this—before Mrs. Douglas's going to the house she did washing for me—I told you never to give money to her son—I do not know when I paid you, it was very likely in November.
CHARLES DRIVER . This receipt is not in my handwriting—I did not receive any money corresponding to that amount at the time of the date of it, or any sum of that amount—when the fish was had, the book was sent to the shop, and the fish was entered in it at the time, or the next day—this account is unsettled at the present time—I did not send for my money for some time—Mr. Seaward had left the factory, and taken a house westward—I thought it strange, and wrote about a month ago—I keep a cashbook, so as to know the account has never been paid—I have no entry at all of this payment.
Prisoner. Q. You told the Magistrate you believed your account
amounted to more than 10l.? A. I said I imagined it was more than 10l.—I told the Magistrate I did not pay the regular attention to Mr. Seaward's account at the time, because they were always entered in the small book, and Mrs. Seaward was so very regular in keeping the small books—I have known, when the book has not been sent to me, that the cook, or some one of the house, had entered it, and I was perfectly satisfied with it—I had not a regular account in my books, of the fish sent, so as to put it in the ledger—my brother goes round with a cart to supply fish—I can swear this receipt is not my brother's handwriting—if I am out my wife attends to my business—we are scarcely ever out together; if we are, we leave my brother—I do not think it likely he is ever out during my absence.
COURT. Q. Is there any one else authorized to receive money? A. Not any one, not even my brother, not to give a stamp receipt—I have several servants to attend the shop—this receipt is not my wife's handwriting.
Prisoner. Q. Have not other persons called at your shop besides me? A. I believe the cook has, but very rarely—I think you paid me the money for this receipt in January.
THOMAS HOLMES (police-sergeant K 12.) I apprehended the prisoner on the 29th of last October—I told him what he was charged with, and whatever he admitted to me might be used as evidence elsewhere—he said, "I am innocent; I deny having the receipt or the money."
Prisoner. I was going to work when you took me. Witness. You were, about five minutes before six o'clock—you wanted to know where I was going to take you, and wanted to call on your wife, and tell her—you did not see Mr. or Mrs. Seaward till you went before the Magistrate.
" October 16, 1840. Received of Mr. Seaward, 6l. 1s. 5d. C. DRIVER."
Prisoner's Defence. Mrs. Seaward entrusted other persons to pay bills as well as me, and she was in the habit of paying Mr. Driver's brother at the door. I solemnly declare she never gave me this sum, nor did I give the receipt.
NOT GUILTY .
95. RICHARD BULL, WILLIAM JOHNSON, JOHN CRITTLE , and DENNIS LEONARD were indicted for stealing, on the 12th of October, 1 gelding, price 25l.; 1 saddle, value 25s.; and 1 bridle, value 5s.; the property of Edward Long.
MESSRS. CLARKSON, CHAMBERS, and ESPINASSE, conducted the Prosecution.
CHARLES GILBERT . I am in the service of Mr. Edward Long, a farmer, at Mersham, in Kent. About seven o'clock, on the evening of the 11th of October, I locked up his black horse in the stable—I took the key to my own house—I went the next morning, about a quarter before five—the door of the stable was unlocked, the horse had been taken away, also a bridle and saddle—I cannot say when I next saw the horse—it was brought back by Charles Gower—I am sure it was my master's—I had known it about two years—I had groomed it, and attended to it—my master's bridle was brought back, and a saddle, which I believe was my master's.
Cross-examined by MR. PRENDERGAST. Q. You saw another black horse before you saw this one? A. No—I did not see one which my master claimed as his—I knew the horse by grooming it, and by its
ways, and by its features—it has no marks by which I know it—its make is much like the make of other horses.
CHARLES GOWER . I am in the service of Mr. Long—I was at Marylebone police-office, on the 27th of last October—I received a black horse which was Mr. Long's—I brought it back to Mr. Long—Gilbert came to the stable just as I got there with the horse—I knew the horse myself—for two or three years I have seen it two or three times a day—sometimes I have had it at the mill or the farm—I know Crittle—he was in Mr. Long's service five years ago—I saw him on the 11th of October, at the Marlborough public-house, at Ashford, which is about four miles from Mersham, with a man and woman—I saw him again at the Paul Pry, half-an-hour after, and then there were two men with him, one of which was Leonard, and to the best of my belief, Johnson was the other—I asked Crittle where he lived when he was at home—he told me he lived at Chatham—I asked him whether he was married—he told me no—I staid there ten minutes or a quarter of an hour.
Cross-examined by MR. PRENDERGAST. Q. You are not sure of Leonard? A. I cannot swear to them, but to the best of my belief they are the men—I left them in the beershop between four and five o'clock in the afternoon—I never saw Leonard before to my recollection.
Crittle. I told you I was out of place and had come to the fair. Witness. No, you never said a word about the fair.
ABRAHAM COOK . I lived at Ashford in October last—I knew Crittle years ago—I was brought up with him—about three o'clock on the 11th of October, I saw him about six rods from the Marlborough public-house, at Ashford—I am sure it was him—he spoke to me—I did not notice any one with him—I had some beer with him at the Marlborough—while I was there Gower came in—he and Crittle talked together—soon after Crittle went out towards Mersham—we had drunk our beer, which he paid for—I said I would be a pint—he said he did not want any more, he should go—he did not say any thing about any one else.
Cross-examined by—MR. PREMDERGAST. Q. Were you at the public-house a long time with him? A. No; about twenty minutes—I and my wife were with him—I did not go any where else with him.
RICHARD FORD . I live at Ashford—I was at the Paul Pry public-house about twenty minutes past one o'clock, in the afternoon of the 11th of October—there was Leonard and a taller man in the tap-room drinking—I did not see the taller one's face—he sat against the fire with his back to me—I saw Leonard again about four in the afternoon—I was in my master's store-house—I saw Leonard come down, going in the line of the Paul Pry, but do not know where he went to—one man was with him, but I do not know who that was.
Cross-examined by MR. PRENDERGAST. Q. Do you know Gower? A. Yes; I did not see him at the Paul Pry at one o'clock—I did not know Crittle before.
COURT. Q. Did you know Leonard before? A. No; I did not see him again till I saw him at Marylebone on the 27th of October.
MARY FORD . I lived at the Paul Pry beershop—on the 11th of October, between twelve and one o'clock, I saw Johnson—he came in and out of the house—one person besides him came in first, then they went out, and two others came in with him—I served them with two pints of mild beer—Johnson paid for it—there was a mole on Johnson's left cheek, which was
remarkable—I see it now—I cannot recognize either of the others—the latest time I saw Johnson there was between five and six.
Cross-examined by MR. PRENDERGAST. Q. Did you ever see Leonard with Johnson at all? A. I cannot say I did—I saw two men with him, but I did not take that notice of the others that I did of him.
MR. CHAMBERS. Q. When was Ashford fair? A. On the day after Old Michaelmas—it was the day before the fair that I saw them.
HENRY ROCK . I am a fell-monger, and live at Mersham, in Kent, about half a mile from Mr. Long's—I bad a bay mare in my stable on the night of the 11th of October—I made her up about half-past seven o'clock in the evening, and locked the stable-door—I had a pannel saddle in my stable, which is used to carry skins in our trade—I went to the stable about four the next morning, and found the door was partly shut—the lock was gone, and had been prised open by an iron bar, which had been taken out of a cart—the mare was gone, and the saddle and the bridle—my mare was worth 15l.—I would not nave taken that money for her—on the 26th of October I saw the mare again at the stable of the green-yard, St. Luke's, in possession of the police—I have since seen my pannel saddle at Marylebone sessions-house.
CHARLES STANLEY . I live at Kingsworth, about two miles and a half from Ashford—on the morning of the 12th of October, about four o'clock, I was in the turnpike-road, which leads to Maidstone, near to Ashford—a man passed me on a black horse—he asked me what it was o'clock—I said I did not know whether Ashford clock had gone four or not—after that two other men came up, both on one brown horse—they were coming from Bromley-green, which is in the road from Ashford to Maidstone—they passed by me to come towards Ashford, and from Ashford there is a road to Maidstone—I do not know whether they could have come from Mersham by that way—I saw them in the direction from Kingsworth to Ashford.
JOHN FILMER . On the 12th of October I was toll collector at Criswill-gate, which is in the parish of Thurnam, on the high road between Ash-ford and Maidstone, about three miles and a quarter from Maidstone. About six o'clock in the morning of that day, two horses came through the gate—one person was on each horse—Johnson was one, and Leonard was the other—one horse was black, and the other was a brownish sort of a horse—Johnson was on the black horse, and Leonard on the other—the black horse had a saddle on—I did not observe the other—there is a hill coming up to the turnpike—I heard them trotting the horses up the hill hard—Johnson paid me the toll for both—it was light at the time.
BENJAMIN COLLINS . I am a tin-plate worker, living in High-street, Shoreditch. I have a stable near my house—I am in the habit of buying horses for my business—I know all the prisoners—I was out with my horse and cart on the 12th of October—I returned between seven and eight o'clock in the evening—when I got back, I saw Johnson in my yard with a bay mare and a black horse—I had seen Johnson and Bull before, and on that occasion bought a pony of them—they represented themselves as horse dealers—Bull said so, to the best of my belief, and Johnson ac-companied—him in the affirmative—on the evening of the 12th of October, Johnson asked me if I could accommodate him with a stable for the two horses for that night—I told him I was afraid I could not, as I had but one stall—he said that would do very well—I agreed to do so—I went
with Johnson from the stable, after he put them in and gave them some hay and water—in going home I met Bull in Shoreditch—I asked him how he did—he said, "Quite well"—I had had some horses on trial—he asked if either of the hores would suit me—I told him I did not want any, the one I had would suit me—I went to a public-house with Johnson and Bull—I did not see them again till I saw them at Marylebone office, about a fortnight afterwards, in custody—the horses remained in my stable till Friday morning—Bull said he and Johnson would be down the next morning to take the horses away—both Bull and Johnson said so, but they did not come—on the evening of the Wednesday, Leonard came, and asked me if I had two horses left at my house or stable, or left with me—I said I had—he then asked me what sort of horses they were—I told him—he said he had come from the parties who had left them, and asked me if I could take care of them for two or three days—I told him, No, I could not accommodate him so long, for two horses were in one stall, and I was afraid of an accident—I then asked him why the parties had not fetched them away who left them—he told me they were gone into the country to ascertain the price for which they were to be sold, as they had had a note that morning—he asked me if I could not accommodate him till the next morning—I agreed to let them stop one night more—I then saw no more of him till Friday morning, when he came, accompanied by Crittle, to fetch the horses away—Crittle asked me if I should like to purchase one of the horses, or if I knew of a buyer of such a horse as the black one—I told him I did not at present—I then referred them to a stable—he said he had bought it from his late employer in the country, that it bad belonged to an old gentleman—I referred Leonard to a man named Hurst, but previous to that, Crittle and Leonard agreed to take them to show a person—Crittle went out and got a boy to lead them—the horses were then taken away by Leonard—Crittle was gone to a person named Page, to see if he would have them—I saw both Crittle and Leonard again the same day in Smith field market—I asked Crittle if he had succeeded in selling them to Mr. Page—he said he was not at home—I then saw him go and speak to Page in Smithfield—on the following day, the 16th of October, I saw Crittle close by my stable—he asked me if I had heard of a customer—I told him I had not—he pressed me very much to buy one, and he went away—soon after I saw Leonard—he said he had not seen the parties from the country yet, and would I oblige him with another truss of hay, as he had not got any money, and I did—on the following Thursday evening, the 21st, I met Crittle two doors from my shop—he asked me if I knew where Leonard was—I told him I did not—he asked me if I knew where he put up the black horse—I told him I did not—I referred him to the stable in the Curtain-road—he said, if he knew where the horse was, he thought he had got a customer who would buy it there and then—on the 23rd Crittle came to me while I was standing at the shop door, and asked me if I could lend him a saddle, as he wanted to go into the country—I told him I had not got one by me, but if he called on Monday, I had an old one I had lent to a person, if that would be of any service to him, he might have it for a few days—I saw no more of him—when Johnson brought the horses to my stable, there was a saddle on each horse—to the best of my recollection, one was a very large one—I do not know what a pannel saddle is—that is the one claimed by Ruck—the saddles had not been removed at the time the horses were—they were left in the loft—
I delivered them to the policeman—I cannot say whether these bridles were with the horses—it was very dark.
Cross-examined by MR. PRENDERGAST. Q. Leonard came to you first on the Wednesday? A. Yes, I had never seen him before—he asked me what sort of horses they were—I described them—he appeared to me to be ignorant what sort of horses they were, but merely to have received information that there were two horses—and when he saw the horses he appeared not to have seen them at all before—he did not tell me that be had heard that Bull was in custody—he told me they were gone into the country —that it was in consequence of some sort of message from them be had come—I understood be bad the message from their own mouth—nothing occurred to give me an impression that be had seen the horses before.
Cross-examined by MR. BALLANTINE. Q. Was it not Johnson who came to you first and spoke? A. Yes—he came alone, to the best of my knowledge—it was not till he spoke to me that I saw Bull—I believe Bull is a horse-dealer.
MR. CHAMBERS. Q. How do you know be is a horse-dealer? A. He came to me some time ago with a man I bad seen at Barnet—I asked Bull what he was—he said he was a horse-dealer, and travelled the country.
COURT. Q. Did you not give Leonard the information to go to Wright's? A. No—I do not know Wright.
JOSEPH WRIGHT . I am a cab proprietor, living in Pelham-street, Brick-lane. On Sunday, the 17th of October, Leonard came to my place, between ten and eleven o'clock in the forenoon—I was in bed—he after that came again, and brought a bay mare—I gave it up to the officer, at the Featherstone-street station—it was claimed by Mr. Ruck—Leonard sold me the mare—he told me he bad had it nineteen months—he came to me by the name of George Smith—I gave information myself to the Magistrate, when I heard the man was in custody—I saw the same mare at the green-yard, on the 26th of October, when claimed by Ruck.
THOMAS HENRY THOMPSON (police-sergeant D 84.) On the 13th of October I went to No. 40, Homer-street, Marylebone, and in the front-room on the first-floor I found Bull and Johnson—I said to Bull, "Dick, I have come after you"—he said, "Very well, I suppose I must go;" and in going to the station I asked if he knew what I was taking him for, I said it was for the three horses—he said, "I did not steal them, they were brought to me to the Stingo by Farren's man "—I left him in the station, and went back to Homer-street—I found Johnson remaining there—as I entered I saw him throw from him a bag—I took it up, and found it contained twelve skeleton keys—I then said, "You are my prisoner "—I found in his left band coat-pocket this cart-plate, with the name of "Thomas Blackburn, farmer, Tonbridge, Kent," on it—he said he had picked it up in the road coming from Kent—I then took him to the station.
Johnson. I deny having such things about me.
EDWARD LONG . I am a farmer, living at Mersham, in Kent On the night of the 11th of October I lost a black horse—I saw it again on the 26th of October at the green-yard at St. Luke's—it was the horse that had been taken from ray stable—I saw another black horse before, and made
a mistake about its being mine—I lost a bridle and saddle at the same time—this is my saddle, but the stirrups are not mine.
HENRY RUCK re-examined. I received this saddle, with the other, from Collins, and these two saddles from Inspector Harvey—Collins was present when I received them—one was my pannel-saddle.
Cross-examined by MR. PRENDEROAST. Q. Where was it you received these? A. In Marylebone Court-house—I took them home—I kept my pannel saddle—they were both taken from the Court-house in a sack—they went down to the Borough, where we slept that night—I received them in the Borough at the Nag's Head public-house, on the 27th—I believe Gower took them home the next day—I did not part with my own—I cannot say where Mr. Long took his.
MR. CLARKSON. Q. Was one of the saddles yours? A. Yes, it was a pannel-saddle—Collins was present when the two saddles were brought to the justice-room.
CHARLES GILBERT re-examined. Mr. Long's horse was brought home by Gower—the bridle came home on the horse—there was a saddle came home—I cannot say whether it was Mr. Long's, but to the best of my belief it was.
MR. PRENDEROAST. Q. What became of the saddle? A. Here it is—I have had it ever since—I cannot say whether it is the saddle belonging to my master's horse or not—I am sure a saddle came home—I do not know whether another came home afterwards or not.
EDWARD LONG re-examined. This is the saddle I lost on the night in question—my black horse is worth 25l.—Crittle had been in my service four or five years since—I had had the black horse two years.
Cross-examined by—MR. PRENDERGAST. Q. How do you know the saddle is yours? A. I had it made new, and there is a flaw on it, which I pointed out when I had it, and one of the stirrups' leathers has not been broken—the stirrups had been changed—they are not mine.
Crittle. Q. Did I behave dishonestly by you? A. No.
BENJAMIN COLLINS re-examined. I was present in the police-court at Marylebone when these two saddles were produced in the presence of Ruck—I do not know where these two came from, but the two that I gave to Harvey, I saw in the office—Harvey sent them by some one.
Cross-examined by MR. PRENDEROAST. Q. Are you sure they were the same saddles? A. Yes—they were placed in the loft in the evening, and the next morning I went to give the horses some hay at six o'clock, and I saw the saddles there—those saddles produced before the Magistrate were the same that I had had in my stable.
MR. PRENDEROAST called the following witnesses for the defence:—
THOMAS BEIGHTON . I am a sergeant in the grenadier-guards. I know Leonard—I have had transactions with him—I remember the 11th of October very well—I saw Leonard on that day about one o'clock, or a very short time after—he was at my lodging, which was then at No. 12, Church-street, Kensington—he was with me from five minutes past one till ten minutes before six o'clock in the evening—we had a little discourse on former times—I had known him three or four years—I had lent him previous to that the sum of 5s., and on that day we had four pints of porter, and he paid me what I had lent him—he left me at Kensington-gate at ten minutes before six—I know the time because I went to parade—I know it was on
the 11th of October because I came into waiting on the 12th—that is to attend to all military duties for a week—to keep the books, and to warn every man to his duty, that is what is called "orderly sergeant" in some regiments, but we call it "sergeant in waiting "—my week expired on the Tuesday following—there are three sergeants, who take it in turns fourteen days out and seven in—I am quite certain it was the 11th of October that I saw Leonard.
MR. CHAMBERS. Q. What day of the week was it? A. On Monday, and I went in waiting on the Tuesday at one o'clock, in Kensington barracks—I am attached to those barracks—I have no book here to show when I went on duty—I cannot bring the duty-book here—my name is down in the books—I have been looking at the books—it is given from sergeant to sergeant—it is not from looking at the book that I know of this—I cannot tell when I first heard of Leonard being taken—I was out of waiting at that time—it might be from eight to ten days after the 11th of October, when I heard of this—I do not know when I was first called to give my evidence on this subject—I believe it was on Monday last—the solicitor served me with a subpoena—I had lodgings for my family—my wife was at home on the afternoon of the 11th of October—she is not here—she has a young baby to attend to, and to work—she was at home to tea that afternoon—she knew Leonard before I did—Leonard was in the habit of visiting me at different times—the last time he visited me might be on the 4th of September—I know we had shifted quarters—we came from the Tower to Kensington, and that was the time he borrowed the 5s.—that was not at my house—I was at a public-house with him—I was not in waiting then—we are not allowed to go to public-houses when on waiting—we may drink at home, but must keep ourselves sober—when I got my subpoena, I looked in my casual rulebook to see what day it was I saw Leonard—I could not bring the casual rulebook here—it is wanted at seven o'clock in the morning and again at one—they could not call the men's names over if I brought the book away—I could not have had it if I had asked the officer—the book lasts perhaps for six months—I have not seen Leonard since that day, when he paid me the money—I had not not seen him between the time he borrowed the money and the time he paid it.
Q. How do you know that it was not on Monday the 4th? A. I tell you I came in waiting the very day after—that is rather an extraordinary thing to me—I have duties to perform there which concerns myself, and not other persons—I have the books to keep, and to give them over to the other sergeant—Leonard asked me if I would go and see him—I said I was going in waiting the day following, and could not get out of barracks—Iwas to go to see him at No. 13, Beecham-street, Paddington—I have seen Bull before—my wife is his sister.
MR. PRENDERGAST. Q. Is Bull at all connected with Leonard? A. That is more than I can tell.
MR. CHAMBERS. Q. What are you? A. A carpenter—I am in the employ of Mr. Dann—I do not know where he lives—he has got a job at Nottinghill—he is the taskmaster—I do not know whose job it is—I was working with Dann at a job of Mr. Scandelburg, a master-builder at Bayswater, and then Dann employed me at the job at Nottinghill—I have been at that job about a fortnight—I do not know what day of the
month I went, it was a fortnight last Monday—it was six weeks before that that I left the other job—I do not know what day of the month it was when I left my other job—I was not doing any thing for that six weeks—Ican read—I have not got an almanac—I have not seen one these six months to look at it—I was subpoenaed last Friday to come here—when Leonard was taken there was a talk about it in the house—I was not in the way—I was not doing any thing on the 11th or on the 12th of October—I cannot tell what sort of a day it was—I did not take any notice of that—Leonard had a hat on—when I came round the corner, I saw him at the door—I recollect that it was on the 12th of October, because we moved out of that house on the 13th—it did not rain when we moved—my mother and I moved out—I have only removed about five minutes' walk from there—I did not inquire what Leonard was taken up for—he has been a friend of mine—I do not know the other prisoners—my mother and I had the front and back parlour in that house, and Leonard had the back kitchen.
MR. PRENDERGAST. Q. Are you quite sure that the day you saw him was the day before you moved? Yes.
BULL— NOT GUILTY .
JOHNSON— GUILTY . Aged 23.
CRITTLE— GUILTY . Aged 23.
LEONARD— GUILTY . Aged 31.
Transported for Fifteen Years.
THOMAS PECKNALL . I live at Sutton at-Home in Kent—I had a gelding which I lost on the 8th of October—I saw it safe on the 7th, about seven or eight o'clock in the evening—it was locked up in the stable—my son went to the stable about four o'clock the next morning—he called me up directly, and I went, and the horse was gone—I did not see it again till the 5th of November, when I saw it at the Nag's Head public-house in the Borough—I am quite sure it was mine—the inspector wished me to leave it there—I left it for a week—I got it again, and I brought it up here to-day.
BENJAMIN COLLINS . On the 8th of October, about seven o'clock in morning, or a little after, Bull brought the horse to me for sale, and Johnson was with him—I asked the price—he told me 20l.—I offered him 15l. for it if it would suit my work—it was agreed for me to have a week or a fortnight's trial—he agreed to take 15l.,—and took 7l. as a deposit, and if I did not like the horse he was to return the deposit—I saw no more of the prisoners till the two horses were brought to me by Johnson—they asked me whether I should like to purchase one of them, or whether the one I had would suit me—I said I did not expect to see them so soon, and I had only had one or two journeys on the horse—I had the horse in my possession till the 26th or 27th of October—I then delivered it to the inspector.
JOHN HAYNES . I am a police-inspector—the horse was given up to me by Mr. Collins—I sent down to the prosecutor about the horse—he came to town, I showed him the horse I got from Collins, and he claimed it as his.
JOHNSON— NOT GUILTY .
BULL— GUILTY . Aged 24.— Transported for Fifteen Years.
Sixth Jury, before Mr. Common Sergeant.
97. JOHN FARRELL was indicted for stealing, on the 29th of November, 2 30l. Bank notes, the property of Henry Bosanquet and others: 2nd COUNT, stating it to be the property of William Rawlinson: to which he pleaded
GUILTY .— Confined Three Months.
MR. PHILLIPS conducted the Prosecution.
RICHARD HILL (police-constable T 113.) On the 25th of November I went to the prisoner's house, in the Pottery, at Netting Dale—I asked if he had any objection to my looking into his yard—he said "No"—I found three doors in the front yard—I asked how he came by them—he said they were his own, he bought them at a sale in the police-inspector—I then applied to Mr. Richardson about taking the doors, and the prisoner offered to take them in his horse and cart—he sent his buy across, with the horse, to the other yard, for the cart—I followed him, and found two doors in the other yard—I went back to the prisoner, and asked how he came by them—he said they were his own, he bought them at a sale in the Bayswater-road—after that, he said the three doors were his own, but the other two would do for him—we went on to the Estate, and when he got there he said, "There is where I picked up the two doors, and very nearly broke my neck over them; I put them in my cart"—they were good doors.
Cross-examined by MR. PRENDERGAST. Q. Not old? A. They are old, but very good—he did not tell me some of them stopped his cart in the road—he said he picked up two of the doors, and he thought they would do for him—the houses on the Norland Estate are all very good—they have not been left to go to ruin—there are a great many without doors—they are new houses.
CHARLES RICHARDSON . The Norland Estate belongs to me—about twelve months since I caused a large stable to be pulled down—these doors were part of it—my intention was to build new houses—when the buildings were pulled down they were left in the yard, which was nearly enclosed.
Cross-examined. Q. Was it an open yard? A. A fence round it—I have not seen the doors since the building was pulled down—I know they are mine—I cannot state for certainty when I saw them last—about twelve months ago they were pulled down—I went to the prisoner's premises—he said, "If they are yours, I will have my horse and cart, and take them"—this is one of the doors—(looking at it)
FREDERICK DOWLAND . I was foreman to Mr. Richardson. I can swear to four of the doors, but not this one—I have no doubt about the others being Mr. Richardson's—I pulled them down about thirteen months ago—I afterwards saw them in the yard—I saw them last twelve months ago.
Cross-examined. Q. Will you swear you have seen them within three months? A. I cannot be certain exactly, it is about that time—I do not know the prisoner.
employed by the prosecutor on the Norland Estate—I have missed these doors from the premises about three or four months—I have seen the prisoner on the Norland Estate, in the road—he was fetching away old bricks which he had bought of Mr. Jay's foreman, Daniel Chace—the bricks were the foreman's perquisites—the doors were Mr. Richardson's—it was on the ground that Mr. Richardson had let to Mr. Stewart—Mr. Jay took the contract, and allowed Chace the old bricks for perquisites.
NOT GUILTY .
ISAAC LAZARUS . I am shopman to Michael Henry Hart, a slop-seller, in High-street, Shadwell. On the morning of the 10th of November I left the shop for some water—this coat hung at the side of the door—the prisoner pulled it down—my fellowshopman called "Stop thief"—he ran—I followed him—he dropped the coat, and my fellow-shopman picked it up—the prisoner was taken—this is the coat.
Prisoner. Q. Did you not say you did not see it taken down? A. No—I had not taken two steps inside the shop before I saw you take it down—directly it was gone, my fellow-servant called "Stop thief"—I saw you drop the coat in about five minutes—you had got about twenty yards.
Prisoner's Defence. I did not have the coat.
GUILTY . Aged 20.— Confined Three Months.
HARMAN DYSON . I conduct the farming business of Richard Dyson, at Waltham-cross. The prisoner was my carter—he was to start about one o'clock in the morning of the 30th of October, to come to my stable in Park-lane—he was allowed half a truss of hay for his three cart-horses, and was not allowed to take any more—he feeds as he goes on—he had no directions to stop at the Seven Sisters public-house—the 50lbs. of hay produced resembles my master's hay—I believe it is his.
GEORGE KEMP (police-constable S 199.) About five o'clock in the morning of the 30th of October I was on duty in the Seven Sisters'-road—the prisoner passed me with a load of hay, a truss on the top, and a bottle-truss on the side—he drew up at the Seven Sisters public-house, and gave his horses water—he got up, took the truss of hay down, and took it to the back of the premises, and placed it in a pigsty—I then accused him of leaving it there—he denied it—I then saw him knock at the door—he said he did not leave any there—I went and fetched it from there, and have it here.
Prisoner. I never left it—the policeman walked by me—I had a young horse which ran away—I gave him a little water—the policeman came back and walked round the house. Witness. I—had been at the pigsty ten minutes before, and there was no hay there—I will swear I saw him take it from the cart and leave it there.
COURT. Q. Did he feed the horses out of the other parcel? A. No, not at all; this is about seven and a half miles from Waltham Cross.
GUILTY . Aged 26.—Recommended to mercy.— Confined Six Months.
THOMAS TWYFORD . I live in King-street, Holborn—the prisoner was my journeyman brass-finisher. On Wednesday, the 10th of November, I gave him a sovereign to go to the New-cut, Lambeth, and purchase a screw plate—he did not return till the following Saturday—he then said he had lost the sovereign, and had been in the country and borrowed another—he brought a parcel of old tools, which he said he had bought with part of the other sovereign.
Prisoner. I did all my endeavours to make it good—I brought tools and money to make it up. Witness. He brought 4s. and some tools, and offered to pay that on account of what he had lost.
NOT GUILTY .
MATTHEW HAINE . I live in King-street, Hammersmith, and am a clothes salesman—I had a pair of boots safe at ten o'clock in the morning of the 20th of November—I missed them at eleven—these produced are them.
CHARLES STARBUCK . Between eleven and twelve o'clock on this day, I saw the prisoner standing under my mother's window—there was another one opposite, who whistled—the prisoner went towards the prosecutor's, took the boots and ran off—Mrs. Cook ran out and cried, "Stop thief"—the prisoner threw the boots down—I am sure he took them.
Prisoner's Defence. I met this young man; he took the boots down, and dropped them when he got a little way; I did not want to be taken, and ran.
GUILTY . Aged 19.—Recommended to mercy.— Confined Three Months.
JOHN JOHNSON . I am assistant to William Fryer, who lives at Smithfield-bars—at half-past ten o'clock on the 27th of November, the prisoner came into the shop and took nine cigars out of the case before my face—I took them from her—these cigars are Mr. Will I am Fryer's, and this tobacco is his too.
Prisoner. I never moved from the counter—I took them in my hand, and you said, "Put them down."
FRANCIS SOUTTER . At half-past eleven o'clock on Saturday I found the prisoner in the shop—I found she had been twice in the factory, and been turned out—I watched her the third time—she went in and took a handful of tobacco, she was placing it under her shawl, and was coming out with it—I stopped her with it—I know nothing about the cigars.
Prisoner. I did not take the cigars out, nor did I go from the place, nor did he give me in charge for taking up the tobacco as I went in the factory—I have known this young man before—he had taken liberties with me, and
would not give me the money he ought, and I found where he lived, and went and broke the windows. Witness. That is not true—I appeared against her for breaking the windows—she had a month for that, and then came and broke them again.
Prisoner. I merely took the tobacco up in my hand, as it did not appear to me like tobacco—I merely took the cigars for a lark as he was weighing them, and I should not have done that had I not been in liquor.
NOT GUILTY .
CATHERINE SIMONS . I am the wife of Joseph George Simons, of Noble-street, Goswell-street—the prisoner lodged with us for a fortnight. On the morning of the 27th of October he was going out, and asked me for the use of the coat, as it rained—I refused, as it was my son's, but he pressed me to lend it him and I did—he said I should have it the next morning, but I saw no more of it.
Cross-examined by MR. SYMONDS. Q. I believe it was a very wet morn-ing? A. Yes; I did not suggest to him that he ought to have a great coat—I lent it him for that day—he said when he came home that night that he would return it at six o'clock the next morning, and 5s. that he owed me—there was some conversation about the coat requiring mending—I did not hear from my daughter that she had a conversation with him as to the price I would accept for it.
Cross-examined. Q. What did he say? A. He said he did not steal it—he borrowed it.
NOT GUILTY .
JOHN LINGWORTHY . I am a sailor, belonging to the schooner Sarah Ann. On Wednesday morning, the 3rd of November, about eleven o'clock, I went into a shop opposite St. Katharine's Dock—I had a watch with me—the prisoner came in, and asked me where I got it—I said my father bought it, and gave it to me—he asked if that was true—I said it was—I had at the time two bundles of clothes in my hand—he asked me where I got them—I said I bought them in a shop a little further on—he asked me to show him—I went and showed him—I saw he was a police-officer by the buttons on his waistcoat—he took my watch from the shopman, and said I should go home with him to his house—I said I would go with him—I went to his house with him, and had a dinner and some beer—I had never seen him before—he had the watch all this time—he had put it into his pocket—I took my clothes to his house, and left them there—after dinner he took me out, and said he would find me a ship the day following—he then left me in the street, and said I should go back to his house again, but I could not find the way back—(he had the watch at that time)—on Saturday I went to the shop where he took the watch from me, and the man sent me to the office—on Sunday morning I met the prisoner by the Dundee Arms public house—he asked where I was going, and said if I would go with him he would give me my clothes, and he would bring the watch down to where I had been lodging, at two o'clock.
Cross-examined by MR. BALLANTINE. Q. What were you going to do with your clothes? A. I—had bought them, and was looking for a lodging—I went into the shop to sell the watch—I told the prisoner I was looking for a lodging—he took the watch out of the man's hand—he said he thought I came by it improperly—he said he suspected I had got the clothes dishonestly—I took him to the shop, and there he found it was right, and then he asked me to go home with him.
HENRY GIDEON . I keep a clothes shop. On the 3rd of November the prosecutor came in about half-past ten o'clock, and said, "Will you buy this watch?"—I said, "No, I buy nothing of lads"—the prisoner, who is a Thames police-officer, tapped him on the shoulder, and said, "I want you"—he took the watch from my young man's hand, and went out.
Cross-examined. Q. What shop do you keep? A. An outfit shop for seamen—the prisoner took the watch out of a young man's hand who lives with me—the prosecutor offered it to him first, and he was looking at it—my young man applied to the prosecutor, and asked if he wanted to buy any clothes—he did not lay hold of him, and pull him in at the door—my young man does not "catch" people—he "plys" them, and asks them if they want to buy—I have not cautioned him against asking lads—I sell old clothes and new.
THOMAS JOHN LATTIMER . I live with Mr. Telfer, a pawnbroker, in Ratcliffhighway. I produce this silver watch, which was pawned by the prisoner, on the 4th of November, about five o'clock in the evening, for 15s., in the name of John Cook.
Cross-examined. Q. I believe he has on other occasions pawned things of his own? A. I do not know that he has—this duplicate—(looking at one)—was given at our shop.
JAMES EVANS . I am superintendant of the Thames-police. I went to the prisoner, and asked what he had done with the watch—he hesitated—I said, "Have you pawned it?"—he said, "Yes," and handed me the duplicate of it—I said, "How is this, you have not pawned it in your own name?"—he said he did not know they wrote this name on it.
Cross-examined. Q. Had he been with you some time? A. He came in April I think.
NOT GUILTY .
THOMAS DEERING . I live in Wilson-street, Drury-lane, and am a cabinet-maker. On the 9th of November, a person came to my shop—I followed the prisoner, and took him with this table—it is mine—I had seen it safe five minutes before—he said he had given a boy 1s.—for it.
ELIZABETH LORIMER . I am the wife of William Lorimer. I live in Wilson-street. About ten minutes after seven o'clock that evening, I saw the prisoner take the table from the prosecutor's door—I told the prosecutor, and he took him in about three minutes with it.
GUILTY . Aged 18.— Confined One Year.
107. JOHN THORPE, DAVID WHITE , and HENRY HILL , were indicted for stealing, on the 10th of November, 56 yards of printed gingham, value 15s., the goods of Michael Smith; and that Thorpe and White had been before convicted of felony.
MICHAEL SMITH . I am a draper, and live in Crawford-street. On the 10th of November, two of the prisoners were brought into my shop by Mr. Hunt, with this printed gingham, which is mine—it had been tied on a bundle outside the door.
JAMES HUNT . I am a linen-draper, and live in Crawford-street. About two o'clock that day I saw the prisoners go to the prosecutor's shop and take the gingham now produced—they all three took hold of it and lugged at it together—I cannot say which of them took it, but I saw it first on Hill—I ran and took Hill—the other two walked a short distance and then ran—I am sure of their persons, and swear to them.
JOHN BERRY (police-constable D 88.) I was coming down Crawford-street on the 10th of November—I saw Hill drop something, and the other two running away from him—I took White, and took Hill from Mr. Hunt—Thorpe was running away, but was brought back by some person.
THORPE— GUILTY . Aged 15.
WHITE— GUILTY . Aged 13.
Transported for Seven Years—Convict Ship.
HILL— GUILTY . Aged 15.— Confined Three Months.
OLD COURT.—Friday, December 3rd, 1841.
Third Jury, before Mr. Recorder.
MARY WHITEHOUSE . I am the wife of John Whitehouse, a draper and laceman, in Oxford-street. The prisoner came into the shop on the 13th of November, in company with another woman, who asked for some lace—I put a box of lace down—I cut two yards of quilling, and then I called the shopman forward—the women both sat down about the centre of the shop—Henrietta Smith, my apprentice, spoke to me, and in consequence of what she said, I spoke to the shopman who was attending on them—the other woman paid 2s. 1d. for some lace—the shopman told them he missed some lace—the prisoner said she did not know any thing about it—we desired her to hold up her cloak, and from under it dropped this piece—I requested her to go into the other room at the back of the shop, which she did—I then searched her and took from her person this other piece of lace, containing about seven yards and a half—it was in her bosom under her dress—she said she did not know how it came there—she then took from the other side of her bosom this piece of lace, and threw it on the floor—those three pieces of lace were in the box I put before the prisoner—I am confident of that—my husband's
shop mark is on all of them—Henrietta Smith picked up the piece of lace which the prisoner threw down, and on that the prisoner said, "Don't be too hard"
Cross-examined by MR. PAYNE. Q. Had you said any thing to call for that observation? A. Nothing whatever—the shopman is not here—Henrietta Smith and three others were in the shop, besides the prisoner, the shopman, and myself—the first piece of lace was underneath the prisoner's gown, next to her skin—I am quite positive, I took that out myself —two other persons were present at the search at the back of the shop, besides Smith and myself.
HENRIETTA SMITH . I am apprenticed to the prosecutor. I saw the prisoner and another woman in the shop looking at some lace—there was a box before them—I was about four yards from them, on the inside of an opposite counter—I saw the prisoner take a piece of lace from the counter and put it under her cloak—I told Mrs. Whitehouse what I had seen, and she spoke to the shopman—I heard the shopman say there was lace missing—the prisoner said perhaps it had fallen on the floor—she got up, and I saw a piece of lace drop from under her cloak on the floor—the prisoner picked it up and put it on the counter—she was taken to the back part of the shop by Mrs. Whitehouse—I saw her search the prisoner, and take a piece of lace from her bosom—I then saw the prisoner take another piece from her bosom and throw it on the floor—I picked it up and gave it to Mrs. Whitehouse, and said, "Here is a piece she has taken from her bosom and thrown on the floor"—a policeman was sent for, and both the women were given in charge.
Cross-examined. Q. If I understand you rightly, the piece you saw her put under her cloak, you saw her afterwards drop? A. It was before she went to the back of the shop—I did not see her take more than one piece—she was sitting sideways to me, about four yards off.
GEORGE FARROW (City police-constable No. 223). I know the prisoner—I have a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—I was present at the prisoner's trial last October—she is the person described in the certificate—(read.)
(The prisoner received a good character.)
GUILTY . Aged 18.—Recommended to mercy.— Confined Nine Months.
ALFRED AUGUSTUS MAYHEW . I am a carver and gilder, and live in Rathboneplace. On the 11th of November, about eleven o'clock at night, I was in Wellesley-street, Marylebone, looking at a galanti show, when I felt a pull at my pocket, I turned round, and saw my handkerchief in the prisoner's hands—took hold of him—he dropped it—I took it up, charged him with it—he said he had not seen it—the handkerchief produced is mine.
Prisoner. I was looking at the show, and did not see it at all.
GUILTY . Aged 16.— Confined Six Months.
Before Mr. Baron Parks.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
JOHN HAMBLY . I am an officer of the sheriff of Middlesex. I knew the deceased, Michael Aungier—in November last I had a warrant against the goods of the prisoner, John Richard Packard, who is a chymist, residing in Drury-lane—I executed it on the 5th of November, and took the deceased with me—I left him there in possession of the goods, between twelve and one o'clock at noon—he was at that time in good health, and quite sober—he was about sixty years old—I had employed him some time in a similar capacity—in consequence of information, I went next morning to Packard's house in DruryJane, between ten and eleven o'clock, and found the premises shut up—I knocked and rang, but could not get admission.
Cross-examined by MR. JONES. Q. Did you subsequently obtain admission? A. Some of my people did that day, the 6th of November, and I got in between one and two, after I left Bow-street—I knew then that Aungier was dead—I have since obtained possession of the goods, and sold the whole under a fi fa.—Mr. Thompson lives at No. 31, Chancery-lane—Mr. Moulton, a law stationer, lives at No. 18—it is on the same side of the way as our office, No. 31—I don't live there myself—Mr. Thompson does.
Cross-examined by MR. CHARNOCK. Q. Are you in partnership with Thompson? A. No, his name is on the warrant—all the goods on the prisoner's premises have been sold—I believe they were in the same state as when I left the deceased in possession—the execution has not been satisfied.
MR. BODKIN. Q. When you regained possession between twelve and one o'clock, it was after the prisoners were in custody? A. Yes.
CHARLES PEARSON . On the 5th of November I was in the service of the prisoner John Richard Packard, who is a surgeon and chymist in Drury-lane—some officers came there that morning, and one was left in possession—he sat in the kitchen—it was about five o'clock in the evening as near as possible—about nine o'clock master went into the kitchen, and the deceased asked for a glass of gin—master said, "Very well, you shall have it," and gave him no gin, but some rum and water in a tumbler—I tasted it—the tumbler was about three parts full—the officer was quite sober—he drank the rum and water—master had then returned to the parlour—he came into the kitchen very shortly after, and asked the officer to step into the next room, which is the parlour—the kitchen and parlour are on the same floor—the man went into the parlour—it was about half-past nine or ten o'clock—I went into the room afterwards—I found master, Mr. Joseph Packard, and the officer there, and Jemima the maidservant—the prisoner Kennett was not there then—there was spirits on the table in tumblers, and wine glasses too—there was no wine on the table then—I cannot say whether there was wine in the wine glasses—they appeared to be drinking—the officer did not seem to have any thing the matter with him then—about half an hour after I was called in again—the same glasses were on the table as I had seen before—there was no wine—there was rum in the officer's tumbler—I believe it was rum—I do not know the colour of port wine—there was some red wine on the table in tumblers, and rum and
water as well, and there was gin and water—master kept gin in that room in a gallon stone bottle, which was in the cupboard—the spirits had been poured out of the stone bottle into the tumblers—the same persons were still at the table, with the maidservant, and Kennett was there the second time I went in—he had come about ten o'clock—when I went in the second time master sent me with a note to the Garrick's Head public-house, which I took—it was about ten o'clock—I was to wait for an answer, which I did, but did not get one—a man returned with me to the house—master gave him an order for supper for four, to be brought at half-past twelve o'clock—the glasses were still on the table—the rum and wine were also kept in stone bottles—some of the glasses were empty, and some full—they appeared to be drinking continually—I was in and out of the room from then till half-past twelve o'clock, and the materials for drinking were still on the table, and they appeared to be still drinking—the supper came at half-past twelve o'clock, and two bottles of red wine in decanters—I placed them on the table—all the three prisoners were at that time sitting round the table with the deceased and maidservant—I waited at supper—the maidservant supped with them—I saw red wine given to the officer—the maidservant drank wine as well as themselves—there was no spirits on the table then, I fetched two more bottles of red wine during supper, by master's directions, about one o'clock, making four bottles—it was all drank except a very little at the bottom of the decanter—it was all drank in wine glasses—three pints of porter was sent for—that was not all consumed—there was very little left—I cleared the table after supper—after the table was cleared the maidservant took something out of the cupboard in stone bottles by master's direction—only one bottle was brought out while I was there—I do not know what it was—I saw her take one bottle out as I went out of the room—I cannot tell whether it was gin or rum—when I went into the room again I saw some spirits in tumblers—it appeared to be rum—what was in the officer's tumbler was red—it was nearly full—they were still round the table, and continued drinking there for about half an hour after I cleared the supper away—that would make it about half-past one o'clock—I went into the room again at the end of that time—the officer was then very tipsy, and did not appear able to help himself—master directed me to go and fetch a cab—Mr. Rennet joined in that order—the prisoner Joseph Packard was present at the time—after getting the cab, I went into the room and told master I had got it—my master and Mr. Kennett lifted the officer down stairs into the little room behind the shop, called the surgery—he did not appear at all able to help himself at that time—master put a smelling-bottle to his nose in the surgery, and said, "This will do you good"—the deceased made no answer to that—I do not know whether he was able or not—they then lifted him up stairs again and put him on the sofa—he remained there about a quarter of an hour—the cab was waiting—I saw some water in a tumbler, and some spirits put into it by Mr. Kennett—my master and Joseph Packard were in the room—they gave the tumbler to the man while he laid on the sofa—they put it to his mouth—he took it—he remained on the sofa about quarter of an hour—Master and Mr. Kennett then carried him down stairs—Joseph Packard followed them down—they lifted him into the cab and shut the door—master and Kennett went with the cab, and Joseph Packard stopped at home.
Q. Where did Kennett get the spirits from, which he mixed with the water when the man was on the sofa? A. From the stone bottle—it was a kind of red colour, not so dark as rum—the maidservant fetched the stone bottle—it was about three o'clock in the morning when the cab went away—my master and Kennett returned in about half an hour—I went to bed about four o'clock, and got up between eight and nine—as I came down stairs, the servant came out of the parlour to me with a message from master, the door was open at the time—I was close to the door—she spoke loud enough for master, who was lying on the sofa, to hear—I was going down to open the shutters—she said, "Don't you open the door"—I said, "What for?"—she said, "Mind your business"—I heard a loud knocking at the door, and ringing shortly after—I did not go down to see who it was, as Jemima told me not—it was repeated several times but I did not go down—this occurred at different times in the course of the day—master was up stairs in bed most of that day—Foulkes' master's landlord lives next door round the corner—master gave me a note for him about ten o'clock, and by his direction I got out of his bed-room window with it, jumped on the leads, and got through a little window into Mr. Foulkes' house—roaster was at that time in his bed-room—I cannot be certain that the note now produced is what master gave me—it was directed to Mr. R. Foulkes—it was given to me wrapped up—I believe this to be the note—I was to wait for an answer, but Foulkes was not at home, and I left it—(note read)—" Dear Sir,—How would you advise me to act in this matter?—the man got intoxicated last night, and my brother and Mr. Kennet prevailed on him to take a ride, therefore I thought it best to keep him out. Would you have the kindness to let my boy go for Mr. Knight?—Yours, truly, R. PACKARD."
Cross-examined by MR. CHAMBERS. Q. The man was sitting with you in the kitchen that evening, did he complain of being unwell? A. Yes, he said he had got a very bad cold from having slept in damp sheets—the last time I saw spirits on the table there was water mixed with them—my master appeared to be drunk as well as the deceased—they held the deceased's arms, and assisted him down stairs—carried him down—he put his foot on the stairs, and they led him down—when he got down he sat in a chair—master put the scentbottle to his nose—I do not remember his turning away, and saying he did not like it, nor whether he answered or not—I have heard master say he was a surgeon—it is a chymis's and druggist's shop—I never saw master take soda and brandy—I know what soda is—I do not know whether there was soda with the spirits and water—I did not see any soda—I cannot tell whether there was any in the water—I do not know whether the man drank the whole, I did not wait—I saw the man put it to his lips—master was very drunk when he went into the street to the cab when I first saw him in the morning he was on the sofa down stairs with his clothes on, he had breakfast, and went to bed—I do not recollect at what time he was in bed—when I went with the note, I did not see Foulkes' man bring an answer to the note—the maidservant did not appear tipsy, she did not go to bed at all, she appeared quite conscious of what she was about when I went to bed—I do not know at what time master went out the next day.
Cross-examined by Mr. JONES. Q. The deceased asked for drink before any body proposed to give it him? A. Yes—master kept a cask of porter in the house—I saw the deceased drinking some porter which the servant
gave him at dinner, and some afterwards, before master gave him the spirits and water—I heard him say it was his birthday, but nothing about liking to be a little jolly—Kennett did not live in the house—he was in the habit of calling—I had not seen him that day before—it was about ten o'clock that he came, as near as I can say—it was an hour before I ordered the supper from the Garrick—I do not know whether the water which was given to the deceased with the spirits on the sofa was brought from the surgery—I know soda when I see it—I did not see any mixed with the water or the brandy—I was not in the room all the time the man was there.
Cross-examined by MR. CHARNOCK. Q. Did you see the soda bottle in the surgery or in the shop? A. was in the shop down stairs on the shelf—the prisoner Joseph had nothing to do with the business—he only came to see master—if people came in at times, he would serve them—I did not fill the glasses at supper.
MR. CLARKSON. Q. Used Joseph to sleep at the house? A. Yes, he had slept there for about a month—he is a medical student, and lived at another doctor's—I do not know whether he was an apprentice or student— Kennett came about an hour before the supper came—the deceased dined about half-past five or six o'clock with me and the servant—we drank porter then, and had some in about an hour and a half after—I fetched it in a pint pot, and he bad some in a tumbler—he was perfectly sober after that, and when he asked master for the gin, and when I first went into the room, where they sat round the table—master had not the word "surgeon" painted over the door—people came there to ask his advice—I do not know what has become of Jemima.
MR. JONES. Q. Have you seen her lately? A. No, not for a fort-night.
JOHN KEMP . I am a driver of a cab. On the 8th of November I was called from a stand in the Strand, about half-past two o'clock, by the servant man, to Drury-lane—when I got there, I was desired to wait, which I did about an hour—it was a chymist's shop at the corner of Russell-street—the three prisoners came down, and said there was a friend of theirs rather tipsy—they wished me to drive him home—they gave me a glass of brandy and water—I had then been waiting about a quarter of an hour—they all three spoke to me—after that, two of the gentlemen, I cannot say which, brought a person down stairs, very tipsy—I did not see the third—they assisted the man down by his arms—he teemed very tipsy—I was standing in the front shop at the time, and the door half open—I could not see where they took the person—there is a little room behind the shop, with a glass door—I could not see through the door, and did not see any thing given to the man—I heard one of the gentlemen say, "Take it, it will do you good"—the gentleman was in the back room, and the man too—I do not think I heard it said more than once—he remained there a short time, and they took him up stairs again, advised him to lay down on the couch, and he would be better—he was brought down in about twenty minutes—I cannot say which brought him down—the three gentlemen were there—he was in a very helpless state—two of the gentlemen assisted him into the cab, and the same gentlemen went with me on the box—it was Mr. Kennett and John Richard Packard—the third person remained in the shop, the door stood spent—I was directed by one of them to go to the Hum-mums in Covent-garden—when I got there, they both got down, and told
me to take the deceased to No. 18, Chancery-lane, giving me half-a-crown—they did not open the door of the cab, or take any notice of the man in-side—they left—I drove to No. 18, Chancery-lane, knocked, but could not procure admission—I staid there, trying to get in, five or ten minutes—I then tried to arouse the man in the cab, but could make no sense of him—I drove back to the house in Drury-lane, rang the nightbell three or four times, but could not get any answer—I then took the man to Bow-street Office—the man was then crouched down at the bottom of the cab—I lifted him on the seat, then went to the inspector, stated the case to him, leaving him on the seat of the cab—he groaned at that time, or made some noise—the inspector would not interfere, and I went round to Drury-lane again with the man in the cab, and rang the bell, I could not make any body hear—I brought him back to Bow-street, took him out, and put him on the step of a door, and waited till a policeman came up, which was two or three minutes—I cannot say whether he was alive or not when I pat him on the step—he was in a very helpless state—the policeman looked at him, and said he was dead—we took him to the station on a stretcher—I went with a policeman to Drury-lane again between four and five, rang the bell, but nobody answered—as I returned to Bow-street, about five in the morning, with the policeman, I saw Joseph Packard and Kennett—I pointed them out to the inspector, who took them.
Cross-examined by MR. CHARNOCK. Q. You did not go up stairs? A. No—I cannot say who the two who brought him down stairs and put him into the cab were—they were up and down stairs two or three times—their manner to the deceased was very kind.
MR. CLARKSON. Q. Did he appear intoxicated when they brought him down? A. Yes, very drunk—the third man was in the shop when they brought him down, and when they put him into the cab.
RICHARD LATTER . I am a policeman. On the forenoon of the 16th of November I saw Kemp in Bow-street, and a man on the step of a door—in consequence of what Kemp said to me, I looked at him, and he appeared to be dead—I took the number of the cab, got a stretcher, and took him to the station—I then went to Drury-lane to Mr. Packard's house, rung and knocked, but could not get admission—I was there five minutes with Kemp—we made a second attempt to get in, but failed—on returning we met the prisoners Kennett and Joseph Packard, and from what Kemp said I took them into custody—they were standing in Bow-street—they wanted to know the reason I took them—I said they would see—the inspector afterwards told them in my presence they were to be detained, to know how the man came by his death—they said they did not know any thing about it—Kemp told the inspector that Kennett was the man that helped to put the man in the cab—Kennett said he had nothing to do with it, neither had he been in Drury-lane—about an hour after I saw Kennett again—he told the inspector then that he was there, and told him the name of Mr. Packard, the owner of the house—Kennett was drunk when I took him, but must have known what he was about—I afterwards fetched Mr. Snitch, the surgeon, to the station— he saw the deceased.
Cross-examined by MR. JONES. Q. Was it more than an hour after you took him that he said he had been in Drury-lane? A. About an hour—he had been in the charge-room that time—he appeared rather more sober than before—he did not appear very much intoxicated when I
took him—he could stand and walk—he had hold of the other gentleman's arm—they walked as well as I could myself—I was sober.
Cross-examined by MR. CHARNOCK. Q. When Joseph Packard said he knew nothing of the matter, you had told him the man was dead? A. did not tell him so till he was at the station—he said he did not know any thing about the case at all.
MR. BODKIN. Q. When did he say he had not been in Drury-lane? A. Mr. Kennett said that soon after be came to the station.
MR. JONES. Q. Hare you seen Mr. Foulkes in Court to-day? A. No, nor his son.
CHARLES JAMES SNITCH . I am a surgeon, and live in Brydges-street, Covent-garden; I am appointed to attend oases at the station at Bow-street. On the 8th of November, I was called there and shown the body of a man—I saw no appearance of external violence whatever—I noticed nothing more than the appearance of ecchymosis round the throat, that would follow a pressure, which took place during life, or it might proceed from any thing done immediately after death, but not after the body was cold—I have heard the particulars of the treatment he received—I should think the situation he was in the cab, very likely to conduce to the ecchymosis appearance, I mean falling down in the cab with his head downward—I noticed saliva coming from his mouth, and slime from his nostril—the pupil of the eye was dilated—I made post mortem examination the following day at three o'clock, in the presence of Mr. Brooks, and have a note of that examination—(reads)"—Externally the body presented no marks of violence. It was intimated by a gentleman present, that he thought he perceived a red line round the throat, but upon examination it proved to be nothing more than the usual appearance from ecchymosed blood, probably arising from the position, as I understand the body was crouched down at the bottom of the cab. On removing the cal varium or scull cap, the following appearance presented itself:—the blood vessels of the dura mater or outer covering of the brain were distended with congested, that is, congealed blood; this membrane adhering very firmly to the scull bone; the blood vessels on the brain were in the same gorged and distended state; on removing a portion of the brain, a quantity of water, about two ounces, was seen in the ventricles, the usual quantity being but a very few drops; there was also a slight rupture of some of the minute vessels, and a few drops of blood effused. The chest was next examined; the heart small in size, but perfectly healthy, and somewhat fat; the lungs distended with congested blood. The abdomen was next examined; the external surface of the stomach, the small and large intestines, exhibited the blood-vessels in the same full and distended state as those of the brain, vis., surcharged with congested blood; the liver appeared perfectly healthy, and proved so on being cut into and examined, from which I infer the man could not have been a drinker, at least not a confirmed one; but this is not always the case, as I have seen, the livers of habitual drunkards sometimes quite healthy—the urinary organs full of urine. The stomach was very carefully removed from its situation; in detaching it, a few drops of fluid escaped, which a gentleman present, Mr. Coatee, said had a strong spirituous smell; I did not myself detect any particular odour; the contents were emptied into a bottle. The internal condition of the stomach was next examined, its coats found to be extremely thin, more particularly so in parts, its blood-vessels exhibiting the same full state
as in the other organs; its whole complexion indicated some little degree of inflammation. It was next washed, and the water deposited in another bottle; these two bottles I carried to a gentleman of the name of Wondor, but I was not present at his examination of them.
Q. What is the result of all this examination as far as you can judge? A. As far as my observation goes, there was nothing exhibiting any poisonous matter—there was an appearance of spirituous liquors—under such circumstances, I can come to no other conclusion than that the deceased died from a state strongly bordering on apoplexy, but whether caused from the excess of spirits, wine, or malt liquor, or whether the result of his age, I am unable to state—if unaccustomed to drink, the effect would of course be more likely to cause such a termination—I should say the position he was in the cab, was likely to cause suffocation, and such appearances presented themselves—I conceive the ecchymosis about the neck arose from pressure at the throat, but it was very slight—it indicated pressure during life.
Q. Supposing him to be in the state described, the vessels congested as you have told us, would pressure on the throat, arising from the position he was found in the cab, be likely to cause death? A. It would assist in doing it.
Cross-examined by MR. CHAMBERS. Q. How long would two ounces of water be collecting in the ventricles? A. I cannot tell—I did not regard the water of as consequence, as there was sufficient to account for death without the presence of water—it might be some time in collecting, or might collect very quickly, if he was the subject of previous disease—it is hardly probable that it would collect in five or six hours, but I have known children going to bed well, and in the morning a considerable quantity of blood effused into the brain—water will effuse in a very short time—I do not know why that should occur with adults, as well as infants—it does not flow quite so rapidly in adults—it would not go on after death—his liver was perfectly healthy, and altogether I should say he was a healthy subject.
Q. Was there a predisposition to apoplexy as far as you could judge? A. He was certainly short-necked, but there was nothing beyond that—the adhesion of the dura mater to the scull-bone, must have been the result of some inflammation existing for a considerable period from some chronic disease of some length of time—it is frequently met with at that time of life, but not to that excessive degree—I found animal matter, and vinous and fermented liquor in the stomach, about a pint in all—it was fowl, ham and porter, but Mr. Brooks more particularly examined the contents of the stomach—apoplexy may be produced by an overloaded stomach with solid food, particularly where there has been stimulating liquor, but I should not say so of the present case, because after having a large quantity of spirits, wine and beer, as I understand, he was put into a cab and driven about for one, two, or perhaps more hours, in the streets of London—I attribute it to solid food, stimulating liquor, and exercise in a cab—solid food taken by a person unaccustomed to live well, has a powerful effect if taken to excess—the term excess depends on the habits of a person—what is one man's meat, is another man's poison—but his stomach was not distended—there was barely a pint, liquor and all—the solid contents were partly undigested, and partly digested—I am forty six years old—I very rarely attend dinner-parties—drinking largely after dinner may lead to immediate
death—all the world are in the habit of eating and drinking too much—there are more individuals starved to death (if I may use the expression) by overeating than undereating.
Cross-examined by MR. JONES. Q. The presence of water on the brain indicated an unhealthy state, did it not? A. Yes, generally speaking it must indicate some foregone disease, but I do not pay much attention to the water, seeing so much that was sufficient to account for death, independent of that.
Q. Throwing aside all the other appearances, might not the water alone be sufficient to cause death? A. I fear not, having opened the heads of persons free from disease, and found water, when in life there was no indication of water—it is an acknowledged fact that persons go about in good health with a large quantity of water—I cannot impute the death to the water in this case, seeing what I did besides—if I had found the body perfectly free from all disease, and two ounces of water on the ventricles of the brain, I should say that had something to do with the death, and probably it would have caused death.
Cross-examined by MR. CHARNOCK. Q. Is not a person with that quantity of water on the brain more likely to die of apoplexy than one who had none? A. No—the water found there was thrown off by the bloodvessels, and when you find apoplexy, there is generally a rupture of bloodvessels—the coats of the stomach, being thin would indicate there was a little disease—I do not think the fat of the heart would at all tend to produce apoplexy—the water on the brain, fatness of the heart, and thinness of the coats of the stomach, altogether would combine to produce apoplexy—the ecchymosis was only on one side of the neck, and exceedingly slight.
MR. BODKIN. Q. Was there any thing in the appearance of the animal portion of the contents of the stomach to account for death? A. There was nothing; unusual—from the appearance at the post mortem examination, I fear it is more likely that his death was caused by the treatment he received.
COURT. Q. Supposing he had a quantity of spirits and water and port-wine together, with his food, and afterwards was placed in a cab, driven about from place to place, looking at the state of his body after death, what should you attribute death to? A. I should be fearful such treatment had accelerated death.
BENJAMIN BROOKS . I am a surgeon, and was present at the post mortem examination—I have heard the evidence of Mr. Snitch, and concur with him in the appearance the body presented, and in the probable cause of death.
COURT. Q. Yon are of opinion, from what you observe, if he had taken a considerable quantity of wine, spirits, and food, and was then driven about in a cab. it would have occasioned his death? A. think it would have accelerated his death.
JOHN RICHARD PACKARD— GUILTY . Aged 22.
JOSEPH PACKARD— GUILTY . Aged 24.
ALFRED KENNETT— GUILTY . Aged 22.
Confined One Month.
First Jury, before Mr. Baron Parke.
—I attended on the deceased Caroline Potter, in October last—she died on the 22nd of October—she was in a state of pregnancy at that time—I was not present at her death—I attended the post mortem examination—the cause of death was injuries, and sloughing of the womb—the uterus was not inflamed—it was in a state of ecchymosis, with a large slough in the middle of that ecchymosis—I attribute that to external violence—the only marks on the body which could at all be attributed to violence, were some very slight remains of bruises about the right groin, but they were so slight that I did not take any notice of them—while alive she complained of pain about the womb—I have not the least doubt of the cause of her death—kicks or blows about the womb would certainly produce the effect I saw—from the appearance after death, I should say the injury was inflicted a fortnight before, or it might have been six or seven weeks before.
Prisoner. Q. If the deceased was intoxicated, which was very often the case, and was to fall down a flight of stairs, would that cause the injuries she received? A. Any violence applied might cause the injury.
ELIZABETH LAWRENCE . I knew the deceased Caroline Potter—she was the widow of William Potter, a sawyer—she was thirtynine years old—she lived with the prisoner from the beginning of February—I saw her the day before her death, in the workhouse—she was not able to walk at that time—she complained of the lower part of her stomach—I was in the same house where the prisoner lived with her, in August—on the 18th of July, I saw the prisoner kneel on her chest, with his hand to her throat, attempting to strangle her—I saw him ill-treat her many times after that—I saw him strike her on Wednesday, the 22nd of September—he kicked her on the right side of the lower part of her stomach—it was a very violent blow indeed—she seemed to suffer much pain from it, and complained—this was on the Wednesday—she was laid up on the Friday—she was compelled to apply to a doctor—two other doctors attended her before Mr. Warder—she applied to them—she walked about a little, but very trifling—she complained then of violent pain at the bottom of her stomach—she first complained of that violent pain on the Friday after the 22nd of September—I lived in the same house with her—I never knew of her falling down stairs—she was never better, from the 22nd of September till she died—she was never able to go about as usual during that time—I never observed him strike or ill-use her after the 22nd of September.
Prisoner. Q. Do you know how long I was away from her before she died? A. About a fortnight—I cannot exactly say—I did not hear her say that you promised to send up a letter in a fortnight—she went across the water one Sunday to her sister's—she was not able to get about as usual—it is very nearly a mile from her sister's—she was in the habit of drinking at times.
COURT. Q. Did you ever know of her having any other injury? A. No further than kicks and bruises—I never knew of her meeting with any accident in any way to cause these injuries.
MARY ANN MACKEY . I am a nurse in the Chelsea workhouse. The deceased came there on the 22nd of October—she was in very great agony all over, particularly the lower part of her body, and that continued till she died—I had her in my hands when she died—the child was prematurely born at that time.
Prisoner's Defence. About a month before she died, I came home about
nine o'clock at night; she was intoxicated and lying at the bottom of the stairs. I helped her up as well as I could, and got her up stairs. There is a door at the bottom of the stairs, which was propped open as she was lying down, so she must have gone up stairs before she fell down, because the door shut by its own weight, without any body shutting it. She sat in a chair. I could not get her to bed that night. In the morning she complained of a pain in her side.
Prisoner. At the time I am speaking of I was not at home much in the day time, and you used to go out as soon as it got dark, and not come home till two or three o'clock in the morning, and then you were intoxicated, so I should not think it very likely you could see it. Witness. You cannot prove that—I never heard the deceased complain of having fallen down stairs—she never said that she made a pillow of her bonnet by smashing her bonnet up.
GUILTY . Aged 19.— Confined One Year.
ROBERT SELBY . I am foreman ropemaker, in the employ of Mr. John Thompson, Jun., Love-lane, Shadwell. On the 17th of November, about twelve o'clock, the prisoner Donovan came to me in the ropeground, and asked for a coil of twoyarn spun-yarn for the ship Clare, by order of Mr. Coker, who I knew as a rigger and ship chandler, doing business for that ship—I refused to let Donovan have the rope without an order—about half-past two he came again, and Briant with him—Mr. Wriggles worth, our clerk, gave me the order—I then ordered Toole, our lad, to get out two coils of spun-yarn—the prisoners were standing close by when I gave Toole the order, and were near enough to hear what I said—I told Toole to get the spun-yarn out, and go with them to the ship, and I would go into the office and get the delivery note for him—I left the prisoners standing by the coils of rope, and went into the office, where the clerk wrote out the delivery notes—I afterwards went out, and the prisoner! and the coils were gone—I sent Toole in search of them, and went myself, to Mr. Coker—I afterwards gave information at the station, and the prisoners were taken that evening—I saw the rope next morning at a shop in Brook-street, where the prisoners were taken from.
Cross-examined by MR. PHILLIPS. Q. Did you know either of the prisoners before? A. Yes, both—they had lived in the neighbourhood for some time past—I have spoken to them—I have seen them working about the ships—the coils weighed Icwt. 2qrs. and 12lbs. —we are in the habit or having boys as young as them come on such errands—Mr. Thompson and his father were partners formerly, but the partnership has been dissolved some years—Mr. Thompson, Jun. has no partner now, nor has he had for some years past.
COURT. Q. When the clerk gave you the order did you ask Briant any thing? A. Yes, where he got the order from—he said from Mr. Coker—Ilooked at it again and said, "This is not Mr. Coker's writing"—Donovan turned round and said, "No, Mr. Coker could not write it, he wa too busy at the time, but a man named White wrote the order."
MARTIN TOOLE . I am in Mr. Thompson's employ. I was in the rope-house when the prisoners came in together—Donovan asked for Mr. Selby—I saw Brianthand Mr. Wrigglesworth an order—I got the spun-yarn out by Mr. Selby's order—he told me to go with them—the prisoners were alongside of me at the time, and near enough to hear what was said—I went to get a delivery note to take with the rope, and when I had got it the prisoners were gone, and the spun-yarn with them.
— WRIGGLESWORTH. I am clerk in Mr. Thompson's employ. I received an order from the prisoner Briant, which I immediately took to Selby, and left with him—I returned into the counting-house to make out the delivery notes.
WILLIAM ISAACS . I am a policeman. I produce the order—(read)— "November 17, 1841; Please to let the boys have one coil of two-yarn spun-yarn, and one coil of three yarn spun-yarn, for Clara. Will I am Well Coker."
Cross-examined. Q. Is White still in your service? A. Yes—the Magistrate did not order him to come here—it was not said at the police-office that White had written it—I called White into my counting-house, and he wrote his name on a piece of paper, which I have here— White was never authorized to sign—he is about twentyone or twenty-two years old.
WILLIAM ISAACS re-examined. I saw the prisoners examined—I believe this to be Mr. Ballantine's handwriting—I have seen a great deal of it since I have been at the Thames Police, and have seen him write a great many times—(read)—" The prisoner Donovan says, 'Yesterday, about half-past twelve o'clock, we was coming down the Highway, and two men met us, and said did we want to earn 6d.; we said yes, and they told us to go to Mr. Thompson's for two coils; we went, and Mr. Thompson said we should not have it without an order; we came back and told the men; they got us an order, and we went and got the rope.' The prisoner Briant says, The men met us and asked us if we wanted to earn 6d.—; we said yes, and they told us to go for two coils of rope to Mr. Thompson's; they said that we were to say it was for the ship Clara, Mr. Coker; when we came away we thought Mr. Thompson's young man was following us, and we missed him, and gave it to the men at the top of Love-lane. "
HENRY GOULD . I am a policeman. I apprehended the prisoners on the 17th of November, at No. 36, Brook-street, which is about 150 yards from Mr. Thompson's premises—they were in bed together—I called them to open the door, I got no answer, and I broke it open—I then asked them if they had been to Mr. Thompson's ropefactory with an order for any spun-yarn—they both said they had not—I asked if they had been there on any occasion, and they said they had not.
WILLI AM ISAACS re-examined. On the morning of the 18th of November I went to a coffeeshop in Brook-street, and found in the back-yard 1cwt. 2qrs. and 12lbs. of spun-yarn—Mr. Selby came to me on purpose to go with him.
Cross-examined. Q. Did you see the landlord of the coffee-house? A. I did—he was not bound over, and is not here—I did not ask the land-lord
any question—I cannot recollect whether I asked him how the yarn came there—I believe he did say he did not know how it came there—I cannot say he denied all knowledge of it—he was present when the rope was found, and said he did not know how it came there—I forgot that when you asked me at first, I have so many cases to attend to—I have been a policeman six years—I did not think it necessary to bring the landlord here—this is the rope I found there—(producing a large quantity)—it is almost too heavy to carry—the prisoners might carry it by a truck—they might carry it in their hands.
ROBERT SELEY re-examined. The rope-yarn I found at this shop was Mr. Thompson's—the shop is between thirty and forty yards from the outside of the prosecutor's premises, and about 150 yards from where the rope was taken.
(Briant received a good character.)
BRIANT— GUILTY . Aged 13.
DONOVAN*— GUILTY . Aged 15.
BRIANT pleaded GUILTY . Aged 13.— Confined Three Months.
DONOVAN pleaded GUILTY . Aged 15.— Confined Six Months.
Second Jury, before Mr. Recorder.
GUILTY .— Confined Three Months.
115. JOHN COOPER and JOHN VALENTINE were indicted for feloniously breaking and entering the dwelling-house of Thomas Spraggs, on the 9th of November, at St. Luke, and stealing therein, 1 blanket, value 4s.; 1 counterpane, value 4s.; 1 sheet, value 2s.; and 1 night-cap, value 6d.; his goods: and that Cooper had been previously convicted of felony.
MARY SPRAGGS . I am the wife of Thomas Spraggs, a soap manufacturer, of George-row, John's-row, St. Luke's. On the evening of the 9th of November I went into the bed-room on the ground-floor, and found the windows thrown open nearly to the top—I had not been into the room seven eleven o'clock in the morning—it was then a little way up—I missed from the bed the quilt, blanket, sheet, and night-cap, my husband's property—those produced are them.
THOMAS SFRAGGS . I am the husband of the last witness. Between four and five o'clock, on the 9th of November, I went into the room—the front window was about four inches up—there was a nail which stopped it going up higher—I shut the window and door, and left it shut—there was a catch to it, but it would not hold—the things were safe in the room when I shut down the window—when I missed the property the nail was forced right out—I could not get the window down without taking the beading off—it was a strong nail driven into the wood, to keep the bottom sash from going above for inches from the bottom—I occupy the whole house.
the day on the 9th of November, I was in Helmet-row, St. Luke's—I noticed the prisoners in close conversation—Cooper had a large bundle with him—I went up to him, and asked what he had got—I laid hold of Valentine—Cooper resisted very much—I put my leg before Valentine's, and he stumbled on his hands and knees—I called out "Stop thief"—he escaped—I asked what was in the bundle—Cooper said there was nothing in it—I said, "Where did you get it?"—he said, "I picked it up by the church wall"—it contained the articles stated, which I have produced—Cooper was detained a few days, and discharged, because I could not find the owner of the property—on the 22nd of November Valentine was brought in—I said he was very nimble in effecting his escape from Helmet-row on the night of the 9th of November—he said he was never there at all—I am sure he was—I knew him before.
Cooper. I picked the things up by the church wall; I did not know what they were; the policeman came and asked what they were: I said I did not know; Valentine was not with me; I was by myself. Witness. They were both together.
WILLIAM HORSNELL (police-constable G 172.) On the 17th of November I went in search of Cooper—I had been looking for Valentine as well—I had seen the prisoners together on the 9th of November, between eleven and twelve o'clock, about 400 or 500 yards from the prosecutor's house, close by the church wall.
Cooper. I was never near St. Luke's church at that time of the day, it is quite false. Witness. He was, and Valentine, and another along with him—I have known them a long while.
HENRY REDMAN (police-constable G 224.) From information I received I went in pursuit of Valentine, and took him at his father's—I told him what it was for—he said he knew Cooper very well, but he was not with him when the robbery was committed, and he repeated the same at the station, and said he was not with Cooper on Lord Mayor'sday.
(Witness for the Defence.)
JOHN PATEMAN . I am a carver, and live at No. 3, Richardson's-buildings, Hatfield street, Goswell-street I have known Valentine for the last five years—he has worked for me nearly two years up to the time of the transaction—he was with me on the 9th of November, till about six o'clock in the evening—he used to go home to his meals—he was with me at half-past five that day—he went home at half-past four or five, and came back again in half-an-hour—I do not think it was after five when he came back—he was with me about five—I can not swear positively to the time—he went away somewhere between four and five, and between five and six he must have come back—I do not know the prosecutor or the other prisoner—I know George's-row, it is not above three minutes' walk from Helmet-row—I do not live far from the prosecutor.
JAMES BRANNAN re-examined. I laid hold of Valentine by the arm—it was as near half-past five o'clock as possible—I am quite sure of him—I have known him a considerable time—I do not know Pateman—I have never seen him before—I know his address, it is about two hundred yards from where I laid hold of Valentine's arm—it may be three hundred yards, but I do not think it is—I produce a certificate of the prisoner's former conviction, from Mr. Clark's office—I was present at the trial—Cooper is the person—(read)—I also know Valentine, and I am very much inclined
to think, in consequence of the long character his master gives him that he must know he has been in the House of Correction.
JOHN PATEMAN re-examined. I do—he and some boys were out together, and one of them threw a boot over a wall, he went to get it, was taken there, and fined 15s., and not having the money was sent to the House of Correction.
COOPER— GUILTY . Aged 20.— Transported for Ten Years.
VALENTINE— GUILTY . Aged 22.— Confined One Year.
MR. HORRT conducted the Prosecution,
JOHN CALLOW (police-constable G 72.) On the 24th of November between twelve and one o'clock at night, I saw the prisoner in Baldwin's gardens—I asked what she had got—she said a sheet—I saw the corner of it from under her shawl—I asked how she came by it—she said that Mr. Warren had given it to her—I said, "Come back with me to Mr. Warren"—she took me to No. 13, Baldwin's-gardens, and said that was where she lived—the door was open—we went down stairs, knocked Mr. King up, and he claimed the sheet—in going to the station, she said the sheet was her property.
GUILTY . Aged 50.—Recommended to mercy.— Confined Fourteen Days.
THOMAS BARTHOLOMEW . I am warehouse keeper to Mr. John Robinson, of Nassau-place, Commercial-road. On the night of the 8th of November, the prisoner came into the warehouse and produced this note—I took it and asked him where he came from—he said a gentleman at the corner of the street gave him the note to bring in, and that he was to give him 6d. for his trouble, and said very likely he would have a parcel to bring away—I sent for a constable—Mr. Vesper deals with us for articles such as are expressed in this note—(note read)—"13, Sidney-place. Sir,—Send by bearer, 2 best pilot or Petersham coats and trowsers, four or five sizes, blue or brown. Addressed to Mr. Robinson. (Signed) THOMAS VESPER."
Cross-examined by MR. FRASER. Q. Is that note in the handwriting of any body who you know? A. No, not at all—it is not in the writing of a person in the service of my master, that I am aware of—Mr. Robinson has another order in the same handwriting as this—I received them both—the first was brought by another boy, not the prisoner—the first succeeded—when the prisoner brought the order I looked out, but could see no gentleman—we took him to the corner and asked him if he saw any one about there that had sent him in, but he had gone—he was detained long enough to alarm the person who was waiting.
Sidney-street, Commercial-road. He deals with Mr. Robinson for clothes, such as are described in this note—I write all his orders—I never knew him to write one himself—this writing is similar to that of a young man who lived in our employment, but who was discharged nine months since—I believe it to be his—it is not mine, nor my master's—I have seen my master write for the last ten years—I do not know the prisoner—our house is half a mile from the prosecutor's.
ROBERT GORDON (police-constable K 337.) The prisoner was given into my charge at Mr. Robinson's warehouse, at half-past seven o'clock in the evening—he said he was ordered by the man who stood at the corner of the street to go into the shop and deliver this note, and perhaps he would have a parcel to bring, and he would give him 6d. for doing so—I was on duty not far from the shop—I saw no man, but he had time to walk off if he had been there.
NOT GUILTY .
FRANCIS HARRISSON . I am a publican, and live in Broad-street, Ratcliff the prisoner was in my service about seventeen days. On Thursday, the 4th of November, I was at dinner in the bar of my house—in consequence of information I went into the tap-room and saw the prisoner with a bottle of brandy in her hand—I asked her what she had got—she said, "Nothing"—I took it out of her hand, and said it was a bottle of brandy—she said, "Well, sir, it is of no value," and put her hand into her pocket—having lost a good many articles while she was in my service, I supposed she might have something in her pocket—I called Mrs. Harrisson, and she stopped by her while I called a policeman—I gave her into custody—I found the cellar door open and the key in the lock—I had locked it myself, and hung the key up in the bar—I believe this brandy to be part of my stock—I have compared the quality—the prisoner had no business with the key—I never let her go into the brandy-cellar.
JOHN CLUTTERBUCK . I live at Burn-street, Limehouse Fields. I was at Mr. Harrisson's tap-room on the 4th of November, and saw the prisoner come in, light a candle, and go down into the cellar—I could see the cellar from where I was standing—she remained there about a minute and a half or two minutes, and came up again with a bottle and a candlestick—she covered an apron over the bottle—something was dripping on the floor, as if the bottle was full—on her going into the kitchen I told Mr. Harrisson, who was in the bar at dinner—I did not see what part of the cellar she went to—I believe the coals are kept there.
Prisoner's Defence (written.)"I took a candle to go into the coal-cellar for some coals, and found a bottle filled. I did not know what it contained. The house is a regular through fare to the skittle-ground and bagatelle-rooms, for any one to come in at all hours of the night. I was half-starved while I was there."
some brandy on tap in the port-cellar, which leads out of the coal-cellar—the keys are kept in the bar—she came into the bar while I was busy, and presently after, when Clutterbuck gave me information, I missed the key.
GUILTY . Aged 30.
119. ANN SMITH was again indicted for stealing, on the 25th of October, 1 sheet, value 1s. 6d.; 4 rings, value 3s.; 2 pinafores, value 9d.; 1 thimble, value 6d.; and 1 scent-bottle, value 6d.; the goods of Francis Harrison, her master.
FRANCIS HARRISSON . I am a publican, and also deal in jewellery. On discovering the prisoner with the bottle, I saw she had a piece of rag, which was taken from her by the policeman—it contained three rings, a scent-bottle, a silver thimble, and three duplicates—the things were all mine, and were taken from a drawer in my bed-room.
JOHN GREGSON . I am shopman to Mr. Ashbridge, a pawnbroker of Broad-street, Ratcliff. I produce a sheet, which was pledged on the 25th of October, for 1s. 6d. and a ring of the same date, in the name of Ann Smith; also three pinafores, pledged in the name of Whittey—I do not know the prisoner—they were pledged by a female—the duplicates found in the rag are the counterparts of these duplicates.
(Property produced and sworn to.)
Prisoner's Defence. His daughter gave me the scent-bottle before she went into the country. I took the thimble to hem a handkerchief with, and put it into my pocket. I know nothing about the things at the pawn-broker's. I picked up the tickets.
GUILTY . Aged 30,— Transported for Seven Years.
(The prosecutor stated that he had lost 30l. worth of property while the prisoner was in his service.)
MARGARET MASSEY . I am the wife of John Massey, and live at James-street, Oxford-street On the 4th of November, I hung out a gown on a line by the room door—I saw it safe at twenty minutes past eight o'clock, and missed it at the half-past—this is it—(produced.)
About twenty minutes to ten o'clock, on the 4th of November, I was called to search the prisoner—she was brought in on another charge—I found this white gown on her, underneath her own gown—she undressed herself—I gave her petticoat—she said "No, I will have the gown next"—I said "I never heard of such a thing"—I found it was wet, and said it was not hers, she had taken it off some person's line—she said she had washed it, and thought it a very good place to put it on to dry—I delivered the gown to Johnson, to find the owner—she was wearing it round her, under her petticoat, not on her shoulders.
Prisoner. I had the gown outside; it was not so wet as she says; I bought it. Witness. It was quite wet, or I should not have noticed it.
custody on Thursday, the 4th, took her to the station, and afterwards received this gown from Mrs. Eckett—it was quite wet at the time—the prisoner said it was her own.
Prisoners Defence. I bought the gown for 25. of a woman in Oxford-street, who said she was in distress. My friends are in too much trouble to come here. My mother heard of my being in custody, and died in consequence; she is lying dead now.
Prisoner. She knows my mother very well, and me too. Witness. I do not—I do not know whether her mother is dead or alive—I have seen the prisoner before, but never knew any thing of her—her mother sells fruit in Oxford-street.
GUILTY .* Aged 30.— Confined One Year.
NEW COURT.—Friday, 4th December, 1841.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 21.—Recommended to mercy.— Confined Two Years.
GUILTY . Aged 27.— Confined Three Months.
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 16.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JANE LAWRENCE . I am the daughter of William Lawrence, of Sussex-place, Kensington. On the 29th of October the prisoner came for half an ounce of tobacco, which came to 1 1/2 d.—she gave me a shilling—I gave her 10 1/2 d. change—I put the shilling into the corner of the till while she was there—I am quite sure I put it separate from any other—I looked at it again in five or ten minutes—no one had been to the till in the mean time—I still found it apart from the others—I found it was bad, and put it aside—on the 6th of November, about two o'clock, she came again for half an ounce of tobacco—she gave me another bad shilling—I remembered her when she came in—I put the shilling into the till with the other bad shilling—my brother came home, I gave him the two shillings—I am sure I gave him the two I had from her—on the 16th of November she came for two ounces of tobacco and an ounce of pins, which came to 9d.—she put down a 5s. piece—my brother was in the way—I handed it to him—I found
it was bad—my sister went for change for it—I told the prisoner it was bad, and told her it was the third time she had passed bad money at our house—she said it was not—she afterwards said, if we would let her go she would get good money for the two shillings she had passed before—she was going away—I locked the door—a policeman was called, and took her.
Prisoner. Q. Why did not you give me in charge the second time? A. I was not certain you was the person, but when I saw you the third time I was certain about it.
WILLIAM LAWRENCE . I am Jane Lawrence's brother. I received the two shillings from her on the 6th of November—I took them home—when I came back from home I gave them to my sister—I am sure they are the same—on the 16th of November I received a crown-piece from her—I gave it to my sister to get change—I gave it and the two shillings to Horse.
ROBERT HORNS (police-sergeant 714.) I took the prisoner—as we were going to the station she was anxious to say something about the first two shillings—I told her to be cautious, as I should repeat it—she said, "I passed the whole of the money; but the two shillings I don't think they can do any thing with me for; it was not within the specific time"—and she thought the 5s. piece would be fatal.
Prisoner. I am very sorry, it is the first time, and I hope it will be the last.
GUILTY . Aged 20.— Confined Six Months.
MESSRS. ELLIS and ESPINASSE conducted the Prosecution.
JOHN LEATHERDAN . I live in Great Peter-street, Westminster. On Saturday, the 13th of November, the prisoner came to my shop—I served him with half an ounce of tobacco—he gave me half-a-crown—I gave him 2s. 4 1/2 d.—he asked for two sixpences for a shilling—he gave my sister a shilling, and I gave him two sixpences—my sister gave me the shilling before he was out of the shop—I found it was bad, and ran out, but the prisoner was gone—I nailed the shilling on the mantel-shelf, and after that I gave it to the officer—I swear he did not give back the same shilling as I gave him—I saw him turn round—I think he took this from his sleeve—I saw him put the two good shillings in his right hand, which he kept closed when be gave my sister the shilling.
ANN LIND . I am Mr. Leatherdan's sister. The prisoner came into the shop—my brother gave him 2s. 4 1/2 d. change—the prisoner laid down this shilling on the counter—I took it up—he turned to go out—after he was gone 1 gave the shilling to my brother—it was a bad one—my brother nailed it on the mantel-piece.
MARY THOMAS . My husband keeps a chandler's-shop in Peter-street, Westminster. On the evening of the 23rd of November, the prisoner came for some butter—he gave me a half-crown—my husband gave him two shillings change—I sent out to get change to give him 4 1/2.—I saw the two shillings my husband gave him—they were good—he returned to the
counter and put down the two shillings and the butter—I made an apology that my child was so long—when I gave him the 4 1/2 d. he said, "Is this a good shilling?"—I said, "What my husband gave you, I am confident are good"—I took the shilling, and found it was a bad one—I said to my husband, "The man says you have given him this shilling"—he said, "Don't give it him back"—he sent the child for the officer—my husband is not able to attend here—I marked the shilling, and gave it to the officer—I know the shillings my husband gave him were good, because I saw them.
Prisoner's Defence. I went to Thomas's shop with a good half-crown—directly the man came out of the parlour he took some silver out of his pocket, and threw down two shillings—I stood at the door till the child came with the change—she put it all down together—I saw one shilling was a bad one, which I refused because it was bad; no other money was found on me.
GUILTY . Aged 25.— Confined Nine Months.
Before Mr. Justice Coltman.
MESSRS. ELLIS and ESPINASSE conducted the Prosecution.
JANE BAYNHAM . I am the wife of William Baynham, a grocer, at Uxbridge. About nine o'clock on Saturday, the 16th of October, the prisoner came to our shop for half a pound of candles, which came to 3 1/4 d.—I served him—he offered me a shilling—I saw directly that it was a bad one—I asked why he gave me a bad shilling—I do not know what answer he made—I said I would detain it—he demanded to have it back—I made an attempt to weigh it, and he attempted to snatch it from the scale, but failed—I laid it securely by out of his reach—he still wished to have it—Is till denied it—I inquired his name—he told me his name was Thompson, working for Hutchinson, a builder, at I ever—he still wished to have the shilling, and caught up a candlestick from the counter, and was very abusive—I asked his name again—he said, "Smith, working for Thompson"—he still wanted the shilling, and offered me some other money, which I refused—I gave him the shilling after he became so abusive, as I thought he would throw the candlestick through the window—he then left.
RICHARD ROADKNIGHT (police-sergeant T 11.) I was on duty at Uxbridge on the 16th of October—I received information, and saw the prisoner—I watched, and saw him go into the Red Lion public-house, which is from fifty to eighty yards from Mr. Baynham's—I went quietly in behind him, and saw him leaning over a little window-sill that looks into the bar—he asked the landlord for a lodging, and put down two good six-pences on the sill of the window which was open—the landlord said, "You can't lodge here, you are drunk"—he then said, "D—your eyes, you think I have got no money," and pulled some money out of his pocket—the landlord said, "You have got some bad ones there"—I caught it out of his hand—there were five bad shillings, three good ones, and four good sixpences—he was drunk—I took him into the bar to search him, and he took something out of his pocket and held it in his left hand—I could not
see at the moment what it was, and while the landlord and I were trying to get it out of his hand, he took something else out of his pocket, and put it into his mouth—I saw it was a shilling—he swallowed it, and said, "It is gone now, you b—, I could swallow you"—I took him to the station—he said I might fetch Powell or Field, he had served twelve months at Brixton, and they could not give him more than three years.
Prisoner. I had come from Reading that day—I changed a sovereign at Uxbridge—I don't know where I got these shillings—I was very drunk.
GUILTY . Aged 24.— Confined Two Years.
ANN SUTTON . I am the wife of Henry Sutton, a baker, of Well-street, Mile End, New-town. On the 17th of November, the prisoner came to the shop, and I served him with a half-quartern loaf—it came to 4d.—he gave me a bad half-crown—I made an excuse to get change, and went to the door, and beckoned Hill, who is a good judge of silver, to look at it—I found it was bad, and told the prisoner I would give him in charge—he said he would give me in charge—he ran out of the shop, and Hill after him—I saw no more of him till he was in custody—I kept the half-crown, and gave it to the policeman.
JOHN HILL. I am in the service of Mrs. Jeff, of Well-street. Mrs. Sutton called me, and showed me a bad half-crown—the prisoner was in her shop at the time, and I heard him say he would fetch a policeman to Mrs. Sutton for stopping the half-crown—he ran off I ran after him, and called "Stop thief"—he said he would hit me if I called after him again—he went into the first house in Dunk-street—I got a policeman.
SARAH SWAN . I am living at Mr. Battersby's, an oilman, in Whitechapel-road. On the 23rd of November, about twenty minutes to five o'clock in the evening, the prisoner came in, I served him with a 1d. candle—he offered me a shilling, which I saw was bad—Mr. Battersby came into the shop, and I gave him the shilling—he told the prisoner it was bad—the prisoner said, "Stop a minute," he Aung the candle on the counter, and ran out—Mr. Battersby followed him.
RICHARD BATTERSBY . I saw the prisoner—Miss Swan gave me a shilling—I told the prisoner it was bad—he said, "Stop a minute," and ran out—he ran as far as Little Turner-street, in the New-road—I then gave him into custody—I had the shilling in my hand the whole time—I showed the shilling to the inspector—the prisoner made a grab at it as it laid on the bar, but he did not get it—I marked it, and the officer has got it—before I laid it down I saw the prisoner fumbling about his wrist, and put his hand up to his mouth, and his throat being naked, he seemed as if he swallowed something.
WILLIAM RONAYNE (police-constable K 232.) I took the prisoner—he went part of the way quietly, and then made great resistance—I saw the shilling laid down on the bar—he made a rush at it—I produce it.
Prisoner. I hope you will have mercy on me—this is the first time.
GUILTY . Aged 23.— Confined Six Months.
129. WILLIAM GIBBONS was indicted for stealing, on the 1st of October, 26 gross of boxes of matches, value 5l. 2s. 6d.; 22 quires of brown paper, value 5s. 12 1/2 lbs. weight of black lead, value 5s. 3d.; 2 3/4 quires of emery paper, value 2s. 6d.; 9lbs. weight of stone-blue, value 11s.; and 1lb. weight of powder-blue, value 2s. 6d.; the goods of Benjamin Cribb and another, his masters.
MR. HOWARD conducted the Prosecution.
BENJAMIN CRIBB . I am in partnership with my brother, William Cribb—we are manufacturers of matches, at Clarence-place, Regent's Park-basin. The prisoner was our porter and carman for about eighteen months—he was in the habit of coming home late, and it was his duty to stop there and attend to his horse—that frequently occurred when most of the other persons were away from our premises—on the 30th of October, in consequence of Mr. England calling on me, I went down to his house—Mr. England brought to my house about 8lbs. of blue, and two gross of congreves—I compared the blue which he brought with what we had—I missed about 4lbs. of blue from a parcel we had of 7lbs., and that was all that I could miss from our store—about 4lbs. of the 8lbs. of blue that. Mr. England brought, corresponded with that parcel of 7lbs. —I have no doubt whatever it came from there—there were two or three different qualities in that which was brought by Mr. England, and the rest of the blue he brought corresponded with other blue we had on our premises—after I went to Mr. England's house, the prisoner came there, and I gave him in charge—I went with the officer to make a search at No. 7, Clarence-gardens—in the front kitchen we found the prisoner's wife—I knew her, as he and his wife had lived on part of our premises for a considerable time—she appeared to be living in that front kitchen—we searched, and found Twenty-four gross of congreves and other matches, and various other articles there—all the matches were of our manufacture—we found twentytwo quires of a description of brown paper we use for packing—there were two quires and three quarters of emery paper which resembled what we sell-there was 12lbs. of black lead, which is an article we sell—there was 1lb, of powder-blue—we never had but 1lb. of powder-blue on our premises, and I afterwards found that that 1lb. was gone—I had seen it safe some months previously—I have no doubt that these articles are ours—the congreves that Mr. England brought to me were also our manufacture—the lowest price at which we sell congreves, is 2s. 9d. a gross—the 4lbs. of stone-blue he brought is such as we sell at 20d. per lb., and the other blue was worth from 1s. to 1s. 2d.—amongst the congreves found at the prisoner's, were some with the name of May on them, which we manufacture exclusively for Messrs. May.
Cross-examined by MR. DOANE. Q. I believe you knew the prisoner before he was in your service? A. When we took the wharf he was living there with his wife, and we took him into our employment—I cannot say when we lost any of these things—the prisoner had our confidence—we have sixty or seventy men—I and my brother live on the premises— when the prisoner came home with his cart in the evening, he had to go to the stable, but he could get to any part of the premises, as we had been
obliged to build new premise! this summer, and they were not finished—our premises are enclosed—there is a gate next to the street, and the canal is at the back—we have no retail trade—I have known Mr. England two years, and have had dealings with him.
MR. HOWARD. Q. Your dwelling-house adjoins the yard? A. Yes—some person from our house would open the gale for the prisoner to come in with his cart—in consequence of our repairs we were obliged to deposit goods in the stable.
JOHN ENGLAND . I keep a chandler's shop in Vere-street, Clare-market The prisoner called on me on the 29th of October—he said he had some congreves, and blue and black lead if I wanted any—I said I did not at present want any—he said, "Let me persuade you to have them—you shall have the blue at 6d. a pound, and the congreves at 2s. 3d. a gross"—I said, "I am generally in the habit of paying more to your governors than that," meaning Messrs. Cribb whom I dealt with—he said, "I will bring you some"—I said, "You had better call another day"—he came the next morning with the prosecutor's cart—he brought me two gross of congreves, put them down on the counter, and a cloth full of blue—he said, "Come let us see what it weighs"—he put it into the scale and it weighed eight pounds—I asked him what it came to—he said 8s. 6d.—I said, "There is the cloth, you must heave off something for that"—he said, I will heave you off 6d.—he said the whole came to 8s., that was 4s. for the blue, and 4s. for the congreves—I paid him 5s. in part, and said he had better call again for the remainder—he said he would call about eleven o'clock that day—after he left I put the goods into my little cart, and took them up to Mr. Cribb—I left them there, and went home—Mr. Cribb and the policeman came down to my house shortly after—the prisoner came according to his appointment, and was taken—I then went to Mr. Cribb's and got the same parcel—I took it to the station.
Cross-examined. Q. How long have you dealt with Mr. Cribb for articles of this description? A. About two years—I keep a general shop—I knew the prisoner by seeing him at Mr. Cribb's, and he occasionally brought me goods.
JOSIAH BROOKS (police-constable F 44.) I accompanied the prosecutor to Mr. England's on the 30th of October—the prisoner came into the shop, and I took him—I went with Mr. Cribb to No. 7, Clarencegarden—I searched the front kitchen and found the articles which I produce—these others are the goods which Mr. England brought to the station.
BENJAMIN CRIBB re-examined. I had taken sufficient notice of the parcel Mr. England brought to my house to know that it was the same that was brought to the station afterwards—this is it—the stone-blue is of different kinds, mixed together in lumps of different sizes and qualities—here is about 4lbs. of the best quality—this is what we had 7lbs. of on our premises—I have the residue of it here, and it exactly resembles it—we had not sold any of this 7lbs. —these are the congreve matches which Mr. England brought to me, part of them are called "Promethean lustre matches "—these labels are from stereotype blocks, made for us exclusively—we sell these at 5s. per gross—here are four or five sorts of congreves, and we sell none of them at less than 2s. 9d. a gross—I have looked over the matches found in the kitchen—here are twenty-four gross in the whole—they are all of our manufacture—here is the pound of powder-blue
which we had on our premises—we purchased it expressly for an individual, it was too expensive, and was returned to us, and put on a parcel of mustard, which has stained the paper—I am quite certain we had never sold it—all this other property is such as we had on our premises—when the prisoner came at night he used to let himself out when he had done his work, if I and my brother were in the office, which is at the bottom of the yard, where we frequently were when he went out.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Eighteen Months.
(There was another indictment against the prisoner.)
130. MATILDA BRACE was indicted for stealing, on the 1st of November, 5 pairs of stays, value 3l. 10s.; and 1 bustle, value 5s. the goods of John Avery, her master.—2nd COUNT, stating them to be the goods of Mary Ann Avery, her mistress; and also for embezzlement; to both which she pleaded
GUILTY . Aged 21.—Recommended to mercy.—(The prisoner received a good character.)
Confined Twelve Months.
HENRY ROWE . On Saturday, the 1st of November, I employed the prisoner to remove my furniture—on the following Monday, I saw him again, and took him to a coffee-shop in Long Acre, to have refreshment—I gave the woman, who was servant there, a five-shilling piece—I was then taken very ill, and leaned on the table—I was not at all in liquor—I was taken with a swimming in my head—I could not hold up my head at all—in a short time after I felt the prisoner's hand in my right band waistcoat pocket—there was no one else sitting in the box with me—he was sitting on my right hand side—I caught hold of his wrist and asked what he was about—he said only holding my head up—I put my hand into my pocket, felt my money was quite safe, and thought it might be a mistake—I leaned my head on the table again, and some time after I raised my head up and found he was gone—I felt in my pocket and found my money was gone also—I had had two sovereigns, half-a-crown, a sixpence, and a few halfpence—I fell asleep part of the time while I had my head on the table—I had not felt his hand in my pocket after I found the money safe—I saw him the following night on Saffron-hill—I said he had robbed me—he said he was very sorry for it—I gave him in charge—he said he was very sorry he had robbed me, and offered me 1l. 3s. 6d.—he said his father had the other sovereign—he begged of me to have mercy on him—I said I would not have more mercy on him than he had on me, he bad robbed me of my last shilling—I was ten minutes too late at the police-office next morning, and he was discharged for want of evidence—I had him taken again.
Cross-examined by MR. SYMONDS. Q. Where are you living now?
A. In White Horse-yard, Drury lane, with a person named Win wood, as my wife—my removal from Kingsgate-street was completed on the Saturday, with the exception of a few things taken on Monday—I could not
pay my rent on the Monday, which was the day I received my money, because the prisoner robbed me—I went to this coffee-shop at four o'clock—I had only had one glass of liquor all day, and we had a pot of beer among five persons—I swear I was not drunk when I went into the coffee-shop—I was not stupified with liquor—I am very often taken with a giddiness, through over exertion in my work—I was quite capable of taking care of myself and my money—I have known the prisoner a very short time—I have seen him about a year and a half, but have not spoken to him above a dozen times—on my oath I never handed my money over to him to keep for me, saying I was not able to take care of myself—I lived with a person named Sydes in Speldhurst-street—I went there as servant—I was out of work at the time—I was aware that he kept a brothel—I believe he kept two—half of the bad houses in that neighbourhood did not belong to him—I was not there above three or four months, only till I got into work, and then I left him—necessity compelled me to go there—I did not feel the prisoner's hand when he took my money—I have heard that he will come into some property next March—I have not made a proposition to him that when he comes into his money he should employ it in brothel keeping—the person I live with does not keep a brothel—she has done so—I have been living with her nearly two years—she hat got several children grown up—I made an appointment with my landlord for him to be present on Monday morning when I received my money, and he was there—I did not carry him about town the whole day, avoiding and shuffling the payment of the rent the whole day—I had 10s. to go down in the book, and that I wished put down, as well as the 1l. 14s. I owed him, and I said if he liked to come down where I lived I would pay him when I got my book at my lodging—he left me in the street.
COURT. Q. What business are you? A. A bonnet blocker—I got my money on Monday, the 1st of November—I let my shop for 3l.—I had had 10s. the week before for deposit, and I received 2l. 10s. that day—I had some beef-steaks and coffee and two loaves, at the coffee shop.
EMMA BEAUMONT . I assist my mother in the coffee-shop in Long Acre. I remember the prisoner and prosecutor coming in—they had two Beef-steaks, two cups of coffee, and two loaves—I brought in the beef-steaks in about ten minutes, and the prosecutor gave me a five-shilling piece, and when I came in after going to the bar, I brought him in 3s. 6d. and 1d.—I gave it to the prisoner, because the prosecutor had his head on the table—the prisoner was eating one steak—I went to attend to some more gentlemen in the room—I came to the table again, and saw the prosecutor and prisoner whispering together—I thought he had awoke him up—I went on serving—the prisoner came and asked for a bottle of soda-water, which I let him have—he gave me 6d.—in ten minutes after I had to go and take another order—I said to the prisoner, "Had you not better rouse your friend, we don't allow sleeping here?"—he said, "No; he is in liquor"—I said, "You had better rouse him, and take him out in the air"—he said, "Oh, no, let him sleep"—I went on serving, and in the mean-time the prisoner had gone, but the prosecutor was still there with his head down on the table.
Cross-examined. Q. Did not the prosecutor appear to you to be very much in liquor when he came in? A. No, he appeared to me to be ill, he looked so pale—he knew what he was about when he gave me the 5s., but after that he fell into a state of stupor and fell asleep—there were a
good many persons in the room—there was only one other person in the settle the prosecutor was in.
WILLIAM HOLLAND (police-constable M 146.) I went with the prosecutor to take the prisoner at his father's house, in Dridport-place, Hoxton. I told him he was charged with stealing 2l. 7s.—from the person of the prosecutor—he immediately fell back into the chair, and pretended to faint, but it was mere sham—I told him it was no use playing that gammon—he recovered in a minute or two and said, "Henry Rowe, don't give me in charge again, you shall have your money"—on his way to the station he said he did not steal the money, but the prosecutor gave it to him to mind; that he was very sorry for what he had done, but he had spent it—I searched him at the station, but no money was found.
Cross-examined. Q. Did he not appear very much distressed at this charge? A. No, he appeared to go on in this way merely to excite compassion.
CATHERINE WINWOOD . I live with the prosecutor. I went with him on Tuesday night to Saffron-hill, and saw the prisoner—Rowe gave him in charge—the prisoner said to Rowe, "I am very sorry I have robbed you,"—he offered him 1l. 3s. 6d. and asked him not to punish him, or to that effect; not to send him to the station—Rowe gave him in charge.
Cross-examined. Q. What may your age be? A. Fifty—I lived in Newcastle-court, Strand, for three months—in going to the station the prisoner laid hold of my hand and said, "Mrs. Winwood, you have known me ten years, and for God's sake beg Henry Rowe not to appear against me, he shall have every farthing; I am sorry I have robbed him."
Q. When you lived in Newcastle-court, did you not keep a brothel there? A. You may term it what you please—I had lodgers there—I had them for weeks together, but they never paid me my rent, and I was compelled to leave—I was aware that they had visitors night after night—I lived with a person named Barrett for seven years, as housekeeper—I lived with him as his wife—I took his name for three years—I have several daughters—one of them had the misfortune to have a child—I was left a widow with seven young children, and I brought them up in industry and honesty, not in laziness or theft—I declare in solemnity that the prisoner said he had robbed Mr. Rowe.
MR. SYMONDS called
WILLIAM TAYLOR . I am a surgeon, and live in Vine-street, Hatton Garden. On the 1st of November I was in a coffeeshop in Long Acre—the prosecutor and the prisoner were sitting in one of the boxes there when I went in—my attention was drawn to them by the prosecutor being extremely ill, and complaining of being sick—he appeared to me to be intoxicated, and to be ill from that—they were neither of them exactly sober—they were then whispering together, and I saw the prosecutor hand over some money to the prisoner—I did not hear what he said exactly, but I caught the words, "Take care of this for me, for fear I have it taken from me"—I happened to be in the coffee-shop again the night before last, by accident—I had been to see a friend, and arrived late—I went in there, and during the time I was sitting taking a cup of coffee, I heard a conversation about this business, and that brought it to by recollection—I was asked a question and was subpœnaed immediately.
JURY. Q. Did you see money pass? A. Yes, but I did not see the amount.
COURT. Q. Do you know the prisoner? A. No, my Lord, they are both strangers to me—I have a surgery in Vine-street, and have been in that lodging upwards of twelve months.
NOT GUILTY .
JOHN COBB . I am clerk to a solicitor. On the 9th of November, between four and five o'clock, I was by Queen-street, Cheapside—there was a large crowd, and I missed my breast-pin from my cravat—a stranger drew my attention to it and to the prisoner—I saw the prisoner attempting to get away—the person who saw him take the pin had got hold of him—a policeman came up, and he was given into custody—the pin was afterwards found by Kidman, who gave it to the policeman at the station, about ten minutes afterwards—I did not see him find it—I left him in the crowd to look for it—it was my pin he brought to the station, I am quite certain.
Cross-examined by MR. PAYNE. Q. This was Lord Mayor's day? A. Yes, the procession was returning—it had not arrived at Queen-street—I went to the station with the policeman and the prisoner.
BENJAMIN KIDMAN . I am a baker. I was in Cheapside, near Queen-street, on the 9th of November—I saw the prisoner in company with two others—they were very busy in the crowd—the procession had just passed in returning—it had gone up Cheapside going to Guildhall—I saw the prisoner lean on Mr. Cobb's shoulder, and with his left-hand be took the pin from his cravat, with an intention of passing it to the two who stood be-hind—I saw his hand go towards them with the pin in it, as the other two were pressing against Mr. Cobb's back—I caught hold of the hand that the pin was in, and one of the two pushed me away—I lost hold of the hand, and immediately collared the prisoner—at the same time I said to the prosecutor, "You have lost your pin"—he assisted me in taking the prisoner from the pavement into the street—the policeman pushed forwards and he was taken to the station—I then went and pushed the people away as well as I could—I succeeded in picking up the pin, and took it down to the station.
Cross-examined. Q. Where do you carry on business? A. At No. 158, Upper Thames-street. I was looking at Lord Mayor's show—there was a great crowd—the prisoner was standing by the side of the prosecutor, with his two hands On the prosecutor's shoulder—I took up the pin myself—I took hold of the prisoner's hand when the pin was in it, and when I was pushed away by his companions I saw the pin drop—I did not pick it up the moment it dropped, and I have never said so—I did not pick it up till after he was in custody—I have been a witness in this Court several times—I consider it justice.
Q. You are a sort of amateur policeman? A. Yes—if you think proper to call it so—I swear that I saw the prisoner take the pin out of the prosecutor's cravat—his companions were close to him, and I was following them up to see what they were doing.
MR. COBB re-examined. I know this is my pin from the stones, and the general appearance of it.
Cross-examined. Q. It is very much disfigured? A. Yes—it has been
trodden on—there is one stone lost out of it—I swear distinctly it is mine—I felt a pressure on my shoulder, but being in the crowd I did not notice it.
GUILTY . Aged 21.— Transported for Ten Years.
WILLIAM SQUIRES . On Monday night the 15th of November, about ten minutes past one o'clock, I was at the corner of Church-street, Shore-ditch, on the side the church is on—I cannot tell what happened to me as I was knocked on the ground, which completely stunned me and took away my senses—I received a blow with some hard substance, which is all I recollect—I cannot account how I got home, but when I came to myself I was in my own bar-parlour—I was very much contused, and the doctor was dressing my lip, which was cut with a stone—I bad a wound on my head, my nostril and my lip—Mr. West attended me—I had no knowledge of the prisoner before.
Cross-examined by MR. DOANE. Q. I believe you keep a public-house in Hackney-road? A.—Yes—I had been to a party at my daughter's—I drank very little—I left there about a quarter-past twelve o'clock—I do not know who I had seen before this happened, as it took the past out of my mind.
WILLIAM HENRY BAKER . I was in company with Mr. Squires on this night—I saw the prisoner just behind us at the corner of Cock-lane in Church-street—there was a man and three or four females with him—I heard him say, "These are some of the party, and I will smash their b—y brains out with a stone"—we looked at him, and the women tried to persuade him that we were not the party—he told them if they did not get out of the way he would knock them down—we might have gone on a little further, but I stopped and looked at him to see whether he would throw the stone—he had a stone in his hand which I saw him take up—he then threw it at the prosecutor—it hit him on the lip, and it glanced off and knocked me down at the same time—it was one of the large paving-stones—he seemed to throw it with all his might with his two hands—he then ran away—the blow stunned me at the time, but I recovered and saw the prisoner running away—we took Mr. Squires to a doctor's in Shoreditch—the prisoner was brought back by the policeman to the doctor's that same night—I knew him to be the same man—he had been close against a gaslight previous to his throwing the stone, and I had such an opportunity of seeing him that I am sure he is the same man—I saw the policeman run after him, and he was brought back to the doctor's in about ten minutes.
Cross-examined. Q. I believe you had been at this party at his daughter's? A. I was there but not with him—there were two persons coming home with him besides me—there were three or four females and one or two men with the prisoner—I did not see any other man have a stone in his hand—I had been drinking a little, but not much—I had supped previously to going there.
Q. Did you not say something to the females who who were in the
prisoner's party? A. Not to my knowledge, nor did any of my friends to ray knowledge—I had never seen the prisoner before to my knowledge.
NATHANIEL JAGO . I was with the prosecutor and Baker—I saw the prisoner and another person each pick up a stone off a heap lying in Church-street—they followed us and said we were some of the party, and they would smash our brains out—we made no reply, but walked on—the prisoner threw the stone with both his hands and knocked Mr. Squires down—he seemed to throw it with all his force, and Mr. Squires fell down instantly—I called out police—the policeman ran across the road and pursued the prisoner, who ran away—he was brought back in about ten minutes, and I am quite sure he is the man.
JURY. Q. How far was he from the prosecutor at the time he threw the stone? A.—Two or three yards.
EDWARD NEWMAN . I was with the prosecutor and the witnesses—I saw the stone thrown—no pro vocation had been given to the prisoner or his party by any of us that I know of—I saw him run away, but I did not see the policeman go after him—he was brought back to the doctor's shop, in about ten minutes—I am quite sure I had seen enough of him to know that the prisoner was the man.
Cross-examined. Q. Did yon see another man with a stone? A. I thought there was another man—it was two or three minutes from my first seeing the stone to the blow being struck—we were followed by the prisoner and his party—they appeared to be very angry, and said they would beat our b—y brains out
MARK HENRY CARTER (police-constable G 173.) I was on duty, and saw the prosecutor fall to the ground, that was "the first thing I observed—there was a cry of "Police"—I went to his assistance, and saw the prosecutor bleeding very much in the face—I was directed by one of the wit-nesses to the prisoner, who was then running away—I followed him from that spot to Norton Falgate—I overtook, and secured him—I had not lost sight of him at all—I did not notice any other person running.
GEORGE WEST . I am a surgeon. I was called out of my bed at two o'clock in the morning, on the 16th of November—I went to the Green-gate, Hackney-road, of which Mr. Squires is the landlord—I found he had a severe contused and lacerated wound on his upper lip, which extended into the nostril, also a contusion over the nose, and under the left eye—his lip was cut on the outside in the shape of the letter A inverted—it was such a wound as might be made by a paving-stone being thrown at him forcibly—there was another wound on the back of his head, which might have been occasioned by his falling—the wounds in themselves were not dangerous, but the symptoms that might arise might make them dangerous.
MR. DOANE called
CHARLES PATERNOSTER . I am a silk-weaver, and live in Dunning'salley, Bishopsgate. On the night in question, I was in company with Abraham and some females—we were at the corner of New Innpassage—it used to be called "Dirty-lane"—it was a quarter before one o'clock—I was going home, and bidding good night to my friends—I saw the prosecutor and his party going home towards Shoreditch—there was a scuffle, and one man struck another with his fist—a stone came directly and cut the same man in the face, and threw him on his back—the same man who had the fist put in his face, was knocked down by the blow with the stone
—I did not see the prisoner there—the man who threw the stone was bigger than the prisoner—they were all big men—the whole of them stood five feet eight inches—no man like the prisoner was there at the time of the stone being thrown—I can positively say that the stone was not thrown by the prisoner.
COURT. Q. What was the next thing that happened? A. I saw the man taken into a doctor's shop, but previous to his being taken there, the man who threw the stone, and the parties who were with him, ran across the road, and I lost sight of them, and saw them no more—I saw them running across the road, and I lost sight of them by their running—I did not hear "police" called, nor did I see the policeman following after them—I do not know the prisoner, nor did I know any of the party who threw stone.
WILLIAM ABRAHAM . I live in Pool-terrace, City-road—I kept a coffee-house in Gray's Inn-lane, formerly, but I am now waiting to get into business again. I was in Shoreditch on that night, with Paternoster and Betsy Gillett—I saw Mr. Squires and his friends going along—there were six or seven of them passed the end of the passage—they came back about two yards, and there was a scuffle ensued amongst Mr. Squires's party, one of them hit him in the face with his fist, and another person threw a stone, hit him in the face, and he was knocked down—the policeman brought the prisoner back in about five minutes afterwards—I had never seen the prisoner before—I was near enough to see the person who threw the stone at Mr. Squires—it was not the prisoner—he was taller and stouter than the prisoner—I did not see where the person came from who struck Mr. Squires with the stone, but he was on the curb-stone close to Mr. Squires's party—I was at the corner of the passage, bidding good night to Mr. Paternoster.
BETSY GILLETT . I am single—I work at the fur business, at No. 13, Bridgewater-gardens—I live in Glasshouse-yard, Goswell-street. I was with Paternoster and Abraham on this night—I was standing with them, at the corner of the passage—we were wishing one another good night—I saw Mr. Squires and his party moving on—I saw one man bit Mr. Squires with his fist, and then another man, who was on the curb, threw a stone at him—I saw him fall from the effect of the blow—they were on the same side of the way as I was—the man who threw "the stone, was a tall stout man—I afterwards saw the prisoner brought back in custody—he was not the man who threw the stone.
COURT. Q. Was he one of the party at all? A. No, they were all bigger men than him—I heard the call for the police—I was with Mr. Abraham.
GUILTY of an Assault. Aged 21.— Confined Six Months.
CHARLES SARGENT . I am a constable of the West India Docks. On the 16th of November the prisoner came up to the gate where I was stationed, to go out—I asked him what he had about him—he said he had nothing—I then asked him whose coat he had got on his back—he said he was going to take it to the captain's house—I asked what ship he belonged to—he said, the Catharine Elizabeth, and this coat was left out
to be taken to the captain's house—I searched and found on him a jacket, a coat, and this blue shirt—I took him on board the Catharine Elizabeth—I found no one on board—I detained him by order of my head constable.
JOHN FARRER CRESSWELL . I am apprentice on board the Catharine Elizabeth—this shirt is mine—I know it by a blue cotton on the shoulder straps—my mother put them on—I had left it safe at three o'clock, on the afternoon of the 16th of November, in the forecastle, and I missed it on the morning of the 17th—the prisoner came on board the ship to help the cook—I had not given him authority to take my shirt—I did not sleep on board—he was not on board when I left—he had not been on board while the ship was in the dock—he had been at the captain's house as servant—till about three days before this he had no such coat or jacket as those that were found on him by the officer when he came from the West Indies, or when he was at the captain's.
Prisoner. He gave me liberty to take the shirt. Witness.—I did not
GUILTY . Aged 20.— Confined Three Days, the captain engaging to take him abroad.
135. RICHARD GOWER and JOHN DAVIS were indicted for stealing, on the 16th of November, 3 bags, value 6d.; 9 sovereigns, 5 half-sovereigns, 16 crowns, 273 half-crowns, 1269 shillings, 780 six-pences, and 42 fourpenny pieces; the property of Thomas Woodward and another; and that Gower had been before convicted of felony.
MR. CLARKSON conducted the Prosecution.
THOMAS WOODWARD . I am a miller and flour-factor. I live in St. Martin's-leGrand, and am in partnership with my son—on the 16th of November, I was out with my gig collecting money—I put the money I collected into a bag under the seat of my gig—about half-past twelve o'clock at noon, I was stopping at a baker's shop at Hoxton—the cushion was on the seat, and the apron over it—I left no one in the gig—I was not in the shop a minute and a half, in fact, I was not in the shop, but on the step—I was told that I had lost my bag, and I then missed it—I think it contained 133l. 5s. 6d. in sovereigns, half-sovereigns, crowns, half-crowns, shillings, sixpences, and fourpenny pieces—in consequence of what a gentleman told me, I ran down a court close by, and before I got to the bottom of the court, I met the two prisoners coming up—I laid Hold of Gower—he asked me what I laid hold of him for—I said I suspected he had been robbing me—he said, "I have got nothing of yours, I am only a working mechanic going home to my dinner"—Davis went by me, and I called out "Stop thief "—I saw him stopped by a baker's man, at the top of the court—I still kept hold of Gower, and when I got him to the top of the court, he said,' "For God's sake don't collar me as I go across the street; your money is safe at the baker's shop"—I had not then said any thing to him about the baker's shop, or where I had lost my money—after they were in custody, the bag and its contents were shown to me—the bag is here, and it contained the money stated.
Cross-examined by MR. PRENDERGAST. Q. You found your money at the baker's shop as Gower had said? A. Yes.
Cross-examined by MR. DOANE. Q. When you placed this bag under the seat was it visible to any body? A. No, the apron of the cushion
covered it—the last place I put money into the bag was in Brick-lane, about half-a-mile from where I lost it.
MARY ANN HARRIS . I keep a pastry-cook's shop in Hoxton New Town. On the 16th of November, about noon, I was at my door, and saw the prosecutor's horse and gig standing at the baker's, which is the second shop from me—after he had left the gig and gone to the baker's, I saw Davis go to the gig—he took a bag from under the seat—he took it across the road and gave it to Gower, and said to Gower, "For God's sake run"—the prisoners then went down the court together out of my sight—Mr. Woodward came up in about a minute and a half, and I saw a gentle-man speak to him—Mr. Woodward went across, down the court after the two prisoners—he returned with one of them in hold, and some other person had the other—I have no doubt but that the prisoners are the men.
Cross-examined by MR. PRENDERGAST. Q. Are you quite sure of Davis? A. I am—quite certain he is the man who took the bug—I am positive I saw the bag in his hand.
Cross-examined by MR. DOANE. Q. You saw them but a very short time? A. It was about a minute and a half altogether.
JOHN SWINTON . I live in Castle-place, Kingsland, and am in the service of Mr. Sutton. I was in Hoxton about noon on the 16th of November—I was in the court opposite the baker's shop—it is called Windsor-place, and saw Gower come down at a quick walk, carrying a bag before him—there was another person with him, but I did not notice him sufficiently to swear to him—they went down to the bottom of the place as far as I could see—they then returned without the bag—there is a passage through there, but it is for the accommodation of the householders only—I saw Mr. Woodward take hold of one of them—I did not see the other stopped—there was a young man with Mr. Woodward—he went down the court in the direction the prisoners went, returned and brought the bag up with him—I did not see where he put it.
WILLIAM MATTHEWS . I live in Windsor-place. About noon on the 16th of November, I was looking out of my window—I saw the two prisoners come down close together, and one of them was looking over his shoulder suspiciously—Gower had a round jacket on and a bag in his hand, which seemed to have something heavy in it—when they had got about three-parts down the court, I saw Mr. Woodward come after them, and several others with him—I went down to my door and saw the two prisoners coming back—they had not got the bag then—it was similar to the one produced.
Cross-examined by MR. PAYNE. Q. Can you tell the weight of a bag by looking at it? A. No, it appeared 30lbs. or 40lbs. weight.
NATHANIEL M'COLE (police-constable N 53.) I was on duty on the spot, and took the prisoners into custody—I sent for further assistance—Gower said "Let me go, I am a respectable man"—I said, "We cannot let any one go till I have got further assistance"—Davis said, "I am not a prisoner"—I said, "You are, and you will remain there"—I found in the bag nine sovereigns, five half-sovereigns, and the rest of the money stated, amounting to 133l. 5s. 6d. this is the bag—the Magistrate allowed the prosecutor to have the money.
GEORGE KEMP (police-constable N 82.) On the 16th of November, about twelve o'clock, I was in the neighbourhood of Shoreditch Church— I saw the prosecutor go by in his gig—soon after the two prisoners passed
me, and went towards Hoxton Town, the game way that the prosecutor had gone—in a short time I was told that I was wanted—I went to the place, and found M'Cole in charge of Gower—I saw Davis at the back of the shop—I went and picked him out—I said, "Here is another of them"—the bag and its contents were found at the baker's shop—I did not see the gentleman who gave information—he left his name, but not his address, and I could not find him.
Cross-examined by—MR. PRENDERGAST. Q. You have known Davis and his family some time? A. Yes, I have a slight knowledge of him—I never knew any thing against him.
Cross-examined by MR. PAYNE. Q. Are you sure he is the same person? A. Yes, there is no doubt about it.
Cross-examined by MR. PRENDERGAST. A. Do you know the other man? A. Yes, by appearance, but I cannot say any thing against him.
GOWER— GUILTY . Aged 27.— Transported for Ten Years.
DAVIS— GUILTY . Aged 23.— Confined Twelve Months.
Sixth Jury, before Mr. Common Sergeant.
136. MARY FITZGERALD was indicted for stealing, on the 20th of September, 22 wine-glasses, value 1l.; 5 glass goblets, value 5s.; 6 glass tumblers, value 6s.; 1 finger-glass, value 1s.; 1 jelly-glass, value 1s.; 5 decanters, value 1l.; 8 bottles, value 5s.; 4 jugs, value 2d.; 2oz. weight of pepper, value 2d.; 3 pints of wine, value 5s. 3 pint' of gin, value 4s.; 2 handkerchiefs, value 5s.; 2 blankets, value 15s.; 2 sheets, value 10s.; 2 pillows, value 10s.; 1 bolster, value 10s.; 1 bed, value 6l.; 1 mattress, value 2l.; 2lbs. weight of soap, value 1s.; and 4lbs. weight of candles, value 2s.; the goods of Abraham Slowman, her master; and ALFRED WINSLOW , for receiving the same, well knowing them to have been stolen; against the Statute, &c.—3rd COUNT, for receiving them of a certain evil-disposed person; to which
FITZGERALD pleaded GUILTY . Aged 21.—Recommended to mercy. Confined Nine Months.
MR. CLARKSON conducted the Prosecution.
ABRAHAM SLOWMAN . I am an officer of the Sheriff of Middlesex; I live in Cursitor-street, Chancery-lane, and keep a house for the reception of persons arrested. Winslow had been in my service—he quitted it about September—Fitzgerald was in my service, and continued so up to last Monday fortnight—in 'consequence of something, I had her taken into custody—I understood that the two prisoners were about to be married—while my wife and family were at Herne Bay I missed some property, and suspected the prisoners—on the 8th on November I went to Winslow's lodging in Falcon-court—I met him coming up out of the kitchen where he lived with his family—I told the officer that was the man—I found his mother, father, and sister there—I saw a box there which I understood had belonged to Fitzgerald—I had it opened, and a quantity of tumblers and goblets, two decanters, and water-bottles, and other things, were found in it—the officer found some other wine glasses, goblets, and
other decanters, about the place—I found a bed in the next room, and a bolster, pillow, and mattress, which were mine—I found two bottles of wine, and two bottles of gin, which were mine—some soap, candles, and other things, and two handkerchiefs, one of which had my wife's name in full—when they were found, Winslow said Mary had brought them there—the officer searched a box belonging to Winslow, and found a bankbook belonging to a society, and some pawnbroker's duplicates, one of which was for a gold guard-chain, which I have since seen—on taking the duplicate to the pawnbroker's, I asked Winslow whether it was not Master Lewis's chain—he said he did not know—I said, "You know it is his"—he then said he told Mary it was master Lewis's chain—Lewis is my son— Winslow said Mary brought it to him—there was an entry in the bank-book of a payment of 20l. in September—Winslow was brought away in custody—the value of the property I found there is 20l. odd—I went back and took Fitzgerald—she made a statement, and appealed to me to consider her situation.
Cross-examined by MR. CHAMBERS. Q. How long had Winslow been in your employ? A. About twelve months—he had about 2s. a week and his board and lodging—the glasses I had had no marks on them, bat I had similar ones to these, and Winslow said Mary brought them to him—she was then my servant—the wine-bottles are very particular, and must have come out of my cellar—he did not say how he got the handkerchiefs.
JOSEPH THOMPSON (police-constable F 39.) I have heard what has been stated—it is true—Winslow said Mary brought them from her mistress or her master's—I will not swear which—they were found in two different rooms—part in a box of Fitzgerald's, and part in a box of Winslow's.
(Winslow received a good character.)
WINSLOW— GUILTY . Aged 23.— Confined One Year.
JOHN JOSEPH DYER . I am a watch-case maker, living in Nicholls-street, Shoreditch. The prisoner was in my service—it was his duty to make watch-cases. About half-past nine o'clock in the evening of the 9th of November, he was brought into my parlour, and accused of taking some silver—when I came home I asked if he had got any—he said no, he had not—I sent for a policeman, and said I would give him into custody—he then gave one piece of silver up, and said he had no more about him—the policeman found nothing on him, but on the way he threw several more pieces away, and some turnings—they weigh 24dwts. together—they are worth about 6s.—I am confident they are mine.
Cross-examined by MR. PAYNE. Q. How long has be been in your employ? A. Nearly two years—I have fourteen or fifteen persons in my employ—I did not tell his son on Tuesday that I would recommend him to mercy.
JOSEPH WHITE . I am a watch-case maker, and am foreman to Mr. Dyer. About nine o'clock at night, on the 9th of November, I went round to look up the silver—I saw a piece of silver doubled up in the prisoner's hand—I saw him put it into his pocket—I ran in doors and told Mrs. Dyer—I stopped him in the passage, and accused him of taking a piece of silver, which I saw in his hand—he denied it—I sent for Mr. Dyer, and
he sent for a policeman—the prisoner delivered up this one piece in my presence—I did not see the other.
Cross-examined. Q. What did he earn? A. From 20s. to 25s. a week—he is married, and told me he has got two daughters at home.
(The prisoner received a good character.)
GUILTY . Aged 60.—Recommended to mercy.— Confined Three Months.
138. ANDREW WHOMES was indicted for stealing, on the 26th of November, 2 bottles, value 6d.; 3 pints of wine, value 6s.; 3 sovereigns, and 3 shillings, the property of Brooks Hugh Bullock; to which he pleaded
GUILTY . Aged 19.—Recommended to mercy.— Confined Seven Days.
WILLIAM HARRINGTON . I keep a chandler's-shop in Drummond-crescent. The prisoner came to my shop on the 13th of November, he asked me to weigh him 1lb. of cheese—I cut It, and put it into a piece of paper—he walked out of the shop—I said, "You have not paid me for it"—he said, "Never mind," and took to his heels, and set off—I ran after him as quick as I could, but he got some distance—a neighbour stopped him—this is the cheese.
GUILTY . Aged 35.— Confined Three Months.
GEORGE ELLIS . I am a salesman in Covent-garden market. About seven o'clock in the morning of the 20th of November, I had occasion to leave my stall—a person came, and gave me information—I missed half a sieve of pears—I found them in the prisoner's lap, in the market, in a few minutes—I found the basket on some other hampers in the gangway.
ALFRED SIBLY . I was in the market about seven o'clock—I saw the prisoner try to thieve a sieve of apples from a shop next to ours, and in two minutes she came by with half a sieve of pears, and seeing Mr. Ellis's name on the basket, I gave him information.
Prisoner. I beg for mercy.
GUILTY . Aged 39.— Confined Four Months.
(There was another indictment against the prisoner.)
THOMAS TITCOMB . I am footman to Mrs. Rhodes, at Paddington. On Wednesday morning, the 10th of November, I went into the back-room on the dining-room floor, and missed these boots, which are Mr. Henry
Hay Ruxton's—he is nephew of the lady with whom I live—they were safe on Monday morning.
Prisoner. I had had a drop to drink; Titcomb gave me the boots, and told me to say nothing about them; a little time before he gave me a pair of gaiters to pawn. Witness. I did not—she was found drunk—I did not give her any liquor from the pantry—I did not give her any thing to pawn.
WILLIAM GLASSCOCK (police-constable D 22.) I found these boots in the prisoner's possession between ten and eleven o'clock on the 9th of November—she said, the next morning, that she won the boots at a raffle at a public-house in Monmouth-street, but she did not know the sign.
GUILTY . Aged 29.— Confined Six Months.
ROBERT ALGAR . I am a chemist, living at Kensington, and am partner with Mr. Robert Rothman. I thought it necessary, about the 29th of November, to mark 1l. 7s. 6d.,—and locked it in my desk in my shop—the key was placed on a shelf, concealed behind some papers—the prisoner was in my service—the next morning I went to the desk, and missed two half-crowns—the prisoner produced them in my shop, and then another shilling.
Prisoner. I took the money out of the till, and my master struck me in my eye, and asked me to give him the money; I gave him the two half-crowns, and then the shilling.
GUILTY . Aged 12.— Confined Three Months; the last Week solitary.
CARLO JOSEPH GARBANATI . I live in Southampton-street, Strand. The prisoner came to me on the 4th of November, and asked me to lend him a toilet-glass—I asked him who he was—he said his name was Cetta, and he was in partnership with his brother, in Brook-street, he travelled with a horse and cart, and his brother attended at home—I said, "If you are his brother, I should not object to let you have it"—I knew his brother very well—after he had one, he said, "You had better lend me another, to have a choice; and if I don't sell them, I will return them to-day, towards the evening," and if he sold them, he would bring the money that day—he never came back—the next evening I went to his brother's—he was in the country—his wife said her husband had no partner—I have not had the glasses or the money—I trusted him on his brother's account—I authorized him to sell one—he was to bring back one, and the money for the other.
Prisoner. I said, "I have not got the money to pay," but I gave my name; I said, "You know my brother;" he sent a boy to bring the glass down; I saw there was a speck in it; I said, "There is another by the window;" he said, "You can take two, and sell them both, if you like." Witness. I deny it.
NOT GUILTY .
ANTHONY GREGO . I am a looking-glass manufacturer, in Eyre-street Hill. Between five and six o'clock, on the 13th of October, the prisoner came to my shop, and said, "My brother has got an order for six mantel-piece looking-glasses, he has only got five in the house; could you let him have one to make up the order?"—I knew his brother as a very respectable man—he asked the price and the size, and went back, as he said, to his brother, to let him know—in about an hour he returned, and said, "My brother does approve; if you will let me have the glass, my brother will return the money tonight or to-morrow morning"—I never saw him again till he was in custody—I let him have the glass in consequence of his statement that his brother wanted one.
Prisoner. I asked for them in my own name, not my brother's; Wit-ness. I did not know him—I should not have let him have it but for his brother.
GUILTY . Aged 28.— Confined Eighteen Months.
145. GEORGE PHILLIPS was indicted for stealing, on the 8th of November, 4 printed books, value 10s., the goods of John Blake Smith; and that he had been before convicted of felony: to which he pleaded
GUILTY . Aged 18.— Confined One Year.
MORRIS HADERMAN . I am a carpenter, living in Compton-place. I was working on a building in Grenville-square, Clerkenwell, on the 4th of November—the prisoner came in there—I spoke to him—when he was gone I missed a plane—I ran, and called out "Stop thief"—he ran away—a man was coming, and he dropped the bag the plane was in—the bag was picked up in my presence, and my smoothing-plane was found in it
Prisoner. Q. Did you see me take it? A. No—you walked away till you got to the square, and you ran when I called "Stop thief."
CHARLES ELLIOTT (police-constable G 182.) I heard a cry of "Stop thief," and saw the prisoner running very hard—I caught him—this bag was given to me by a man in the road—I asked the prisoner if this was his bag—he said it was—I asked him what there was in it—he said he was sorry to say there was something in it which did not belong to him.
Prisoner's Defence. That I must deny; he did not ask me that, nor did I tell him so; there was a person who picked the bag up; perhaps he put the plane into it; I cannot say how it came into the bag.
GUILTY . Aged 40.— Confined One Year.
THOMAS PHIPPS . I am shopman to Alfred William Edward Joyes, of Whitechapel-road. In consequence of information, on the 5th of November, I went in pursuit of the prisoner to Buttress-street—I saw a person standing at the corner, watching—I went to Mr. Greedus's house, asked them to open the door, they did so, and I found this linen, which I had seen safe an hour and a half before—it is my master's.
Cross-examined by MR. PAYNE. Q. It was outside the door? A. Yes—I knew it by the private mark which Mr. Joyes made.
BENJAMIN GREEDUS . Between two and three o'clock in the afternoon I was standing near the door of a house in Buttress-street—I saw the prisoner and another standing near there—they were putting a coat round this linen, and the other, who was caller than the prisoner, had no coat on—I took it for a Guy Fawkes—I saw Phipps come by me, and then had a suspicion—I went to my door and knocked, and said, "Oh, my God! you have got stolen property here, take it out"—Phipps came to the door—I said, "Here is the property," and the prisoners made their escape out the back way—I did not know either of them before.
Cross-examined. Q. You did not expect them at all? A. No; but the door was open, and they ran in.
WILLIAM KAIL . I am a silk trimming manufacturer; my garden joins Greedus's. Between two and three o'clock in the afternoon of the 5th of November I was at my work in the front parlour—two persons came through the passage—I heard a bit of scuffle—I got up—they opened the door and went through—one of them said, "Master, it is only a lark, I let us through"—I believe the prisoner is one—I should not know the other—they had no property when I saw them.
JOHN WILLIAM BAILEY . I saw the prisoner and another running down Honeywood-street—the prisoner had the cloth on his shoulder—the other was holding it up behind—they ran down Buttress-street—Greedue was at the corner, smoking his pipe.
Cross-examined. Q. What are you? A. A hair-dresser—I had not seen the prisoner before—I know he is the person—I saw their faces.
(The prisoner-received a good character.)
GUILTY . Aged 19.—Recommended to mercy.— Confined Three Months.
CHARLES HARRIS . I live in Liverpool-street, Gray's Inn-road. Between two and three o'clock, on the 19th of November, I was in Holborn—I received a communication from Smith—I looked, and my handkerchief was gone—I had seen it safe about half an hour before—I went with Smith to Featherstone-buildings, and saw three persons crossing the road—they were pointed out—I have not found the handkerchief.
Cross-examined by MR. PRENDERGAST. Q. Hewett had nothing about him? A. No—my handkerchief was silk, with more red than any other colour—Hewett was taken in ten minutes in Burnham-place—I do not know that he was ever near me.
COURT. Q. Were the prisoners two of the persons you saw? A. Yes.
WILLIAM YORK SMITH . I am a cheesemonger, and live in King-street, Snow-hill. I was near Chancery-lane, and saw the two prisoners and another following the prosecutor—he went towards Featherstone-buildings, and crossed—they crossed and followed him, and Hewett drew a red silk handkerchief out of his pocket—I told the prosecutor, and the three persons ran down Featherstone-buildings—I went down Red Lion-street, and there we saw them cross the court, to go to Red Lion-square—the policeman went with me, and we took the two prisoners—the other got away.
Cross-examined. Q. What sort of man was the other? A. Short—not so tall as the prisoners—I watched them, because I saw them noticing gentlemen's pockets—I was a witness here two or three years ago—I am out of a situation.
Cross-examined. Q. You found no handkerchief? A. No—I do not think he had his own handkerchief on him.
(Hewett received a good character.)
HEWETT *— GUILTY . Aged 20.
SOREY *— GUILTY . Aged 24
Confined One Year.
OLD COURT.—Saturday, December 4th, 1841.
Fourth Jury, before Mr. Recorder.
149. GEORGE DAVIS was indicted for stealing, on the 16th of November, 1 coat, value 15s., the goods of Henry Stein:—also on the 16th of November, 1 box, value 2s.; 1 coat, value 1l. 8s.; 2 pairs of trowsers, value 14s.; 1 waistcoat, value 5s.; 1 pair of drawers, value 6d.; and 1 pair of braces, value 6d.; the goods of John Jarvis; to which he pleaded
GUILTY . Aged 23.— Confined Six Months.
150. RICHARD STACEY was indicted for stealing, on the 23rd of November, 1 hammer, value 1s.; 1 mallet, value 1s.; 4 screw-drivers, value 1s. 6d.; 7 bits, value 1s. 6d.; 1 dowell plate, value 2s. 6d.; 3 chisels, value 2s.; 2 pair of compasses, value 1s. 6d.; 1 pair of winches, value 1s.; 1 file, value 1s.; 1 handle, value 1d. turkey-slip, value 2s.; 1 brad-awl, value 2d.; 1 saw, value 3s. 6d.; 1 stock, value 7s.; 1 square, value 2s.; 1 worm-bit, value 6d.; 1 rule, value 3s.; 1 chisel, value 2s.; 1 cap, value 8d.; and 1 basket, value 1s. 6d.; the goods of John Collett; to which he pleaded
GUILTY . Aged 45.— Confined Six Months.
151. JAMES MACKMUDIE the younger was indicted for stealing, on the 11th of November, 1 pair of trowsers, value 6s., the goods of James Mackmudie; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 20.— Confined Six Months.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 13.— Judgment Respited.
EDWIN JOSEPH KENDALL . I live with my father, Charles Edwin Kendall—our premises are on Saffron-hill—these ten pieces of leather were taken from a shed at my father's back premises on Saturday morning the 12th of November—it is valued at 3s., being only in two pieces when taken, but being now cut into ten pieces, 1s. is the full value.
JOHN COLLINS . I am a shoemaker, and live in Field-lane—I have known the prisoner some time—he brought this leather to me on Saturday morning the 12th of November, cut up as it is now, and asked 1s. 3d. for them—I gave him 1s.—I asked who it belonged to—he said a man from Deptford commissioned him to sell it—he formerly worked for me.
BENJAMIN FARROW (police-constable G 200.) I apprehended the prisoner—he owned selling the leather, and said he was authorised to sell it by another lad who lodged in the same house with him in Field-lane.
Prisoner. He said I had better tell him the whole particulars—I should be sure to get off. Witness. I did not tell him so, nor any thing of the sort—he stated this directly I took him—I went to Field-lane—there had been such a person there, and I know he is a bad character.
Prisoner. I sold three different lots for the person—he gave me 6d. for myself.
EDWIN JOSEPH KENDALL . I know nothing of the prisoner—there is a back entrance to the premises—I have seen the lad he names, but not for nine months—I have not seen him about the place—I think it likely more than one person was concerned—there were a number of calf skins in the loft, and a person unacquainted with the business would not know their value—the prisoner being a shoemaker would, and they were not taken.
NOT GUILTY .
Before Mr. Baron Parke.
155. EDWARD BEAUMONT SMITH was indicted for feloniously forging an Exchequer-bill of 1000l., with intent to defraud our Lady the Queen.—2nd COUNT, for uttering the same with like intent.—Other COUNTS, varing the manner of stating the charge; to which be pleaded
GUILTY . Aged 44.— Transported for Life.
156. WILLIAM GREGORY BIGG and JOSEPH RALPH PAYBODY were indicted for forging and uttering, on the 9th of October, an order for the payment of 200l., with intent to defraud Robert Snow and others.—Other COUNTS, varying the manner of stating the charge.
MESSRS. BODKIN and CHAMBERS the conducted the Prosecution.
and others in the Strand, near St. Clement's church—there are four partners. On the 9th of October, a little before five o'clock, the prisoner Bigg presented a cheque for payment for 200l., which I produce—I asked what he would have for it—he said, "Notes," and I think he said three 50l., two 20l., and one 10l.,—while the clerk was getting the notes, I took the opportunity of going into Sir John Dean Paul's room—he is one of the partners—I took the cheque with me, came back, and desired the prisoner to go into Sir John's room—after he had been there a few minutes, Sir John called out, "Stop him," and I saw the prisoner running towards the door, and very near the door he was stopped by a person—he was taken back into Sir John's room, and a constable was tent for—(cheque read, dated 9th October, 1841, for 200l. Signed, Robert Wynne Williams)—here is another cheque for 100l., dated 7th. August, 1841—I paid this on the 10th of August—three days after it bears date—it purports to be signed by Mr. Williams—I have the entry of the notes I paid for it, which was three of 2l., Nos. 94484, 91525, and 92935, all dated 9th of March—four of 10l., Nos. 63303, 63304, 63305, and 63306, dated 10th of June—here is a cheque purporting to be signed by Mr. Williams, dated 16th of September, for 100l., which I paid on the 17th of September, with ten notes of 10l., Nos. 45216, 45217, 45218, 45219, 45220, 45221, 45222, 45223, 45224, and 45225, dated 10th of July—I have no recollection of the person to whom I paid them, whether it was either of the prisoners or not—(cheques read).
SIR JOHN DEAN PAUL, BART . I am one of the firm of Snow and Co. Ward made a statement to me about the 200l. cheque on the 9th of October—he brought Bigg in to me—I had desired him if such a transaction took place, to do so, having received a communication—he was brought into my room—I said, "You are my prisoner for forgery"—he replied he was perfectly innocent of any thing of the kind, and wondered how I dare accuse him —I said I should send for Mr. Williams, and he would soon prove it was a forgery—he replied, "You need not do that, for Mr. Williams is out of town"—I said, "If he is out of town, how came he to sign this cheque here to-day?" and said, "Why, you convict yourself by such a statement," on which he attempted to run away, to escape through the shop—I called to them to stop him, which they did—a policeman was sent for, and he was given in charge—Mr. Williams at that time had an account at our house.
ROBERT VAUGHAN WYNNE WILLIAMS . I am an attorney and solicitor, in Paper-buildings, Temple—the prisoners were both in my employ at writing clerks for some time, and together for about a year or fifteen' months—I was in the habit of drawing cheques on Snow's bank—Paybody had 18s. a week, and Bigg 15s.—I drew my cheques from a cheque-book which I kept in a drawer in my desk in my own room, locked up—previous to the prisoner's being taken into custody that cheque-book had become unsewn, but I do not know from what cause—that was while they were in my service—Paybody quitted me in April, this year, and Bigg in August—(looking at the three-cheques)—these are not my signatures, they are all forgeries—the signatures are a very good imitation of mine, but the body is not—the prisoners had opportunities of seeing my signature while in my office, constantly—I never sign the name of Vaughan, but merely Robert Wynne Williams—the name of Harrison is on two of these cheques as paid—he is my law-stationer—used to pay him cheques from time to time—I used to give them to him myself.
THOMAS EDWARD WHITEHEAD . I am a policeman. I was called to Messrs. Paul's banking-house, on the 9th of October, and received Bigg in charge—I took him to the station, searched him, and found on him a 10l. note, No. 45222, dated July 10th, 1841, which I produce—I also found on him some blank cheques, similar in form to these produced—here are four of them.
GEORGE WESTON . I am a policeman. I was on duty at the station when Bigg was brought there—Mr. Williams's clerk came with him—I heard him tell Mr. Williams's clerk that Pay body was at the bottom of it, and said, "You will find Paybody down by St. Clement's church, dressed in a butcher's dress"—in consequence of that I went down to St. Clement's church, which is twenty or thirty yards from the banker's—I did not succeed in finding him there—I returned to the station, but did not see Bigg again—I then went to Goodge-street, Tottenham-court-road, from information I received, and there found the prisoner Paybody, standing outside his shop, talking to a female—it was a butcher's shop—as soon as the female left him, I told him he was my prisoner, on suspicion of being concerned in uttering a cheque of 200l., on Sir John Paul—he said, "I know all about it"—I then told him he must go with me—I had a cab—waiting for him—he jumped into it, and on the way to the station I said, "I expected to find you down by the church"—I did not say what church—he said, "Who told you I was there?"—he said, "I will tell you the truth, I was there, Bigg called on me this afternoon, and asked me to go on a walk with him "—that he went as far as the church, and remained outside, while Bigg went in with the cheque, and he said, "I always considered Bigg to be a man of property"—when he said he knew all about it, I understood him to say that the female who had just left him, told him all about it, that he knew it from her.
Cross-examined by MR. PHILLIPS. Q. Have you mentioned all this before to-day? A. Yes, at the first examination—Paybody was allowed to go on bail by the Magistrate, Mr. Hall, at the first examination.
MR. BODKIN. Q. Was he afterwards taken into custody? A. I took him again on the Thursday following—the depositions were taken before that—what I said at the first examination was taken down by Mr. Bur-naby.
JOSEPH GOSTICK . I am a clerk in the office of Mr. Williams. I saw Bigg the day he was taken into custody—he sent for me to a neighbouring Public-house—I went and found him there—he first asked me what was going on in the office—I said we were going on very well, and had plenty of business—he asked me if Mr. Williams was in town, and before I could answer, he said, "I know he is"—I said Mr. Williams was in Wales.
JOHN CRAMP . I was in Simithfield in August last, I think on the 13th, and saw Paybody there—he was then carrying on business as a butcher—I saw him bargaining for five sheep with Mr. French, and he asked my opinion of them—I was present when he bought them for 31s. each.
JOHN ARCHER . I am pen-man to Mr. French. On the 13th of August I delivered five sheep to a man with Mr. Gillatt, the drover—I first went over to Hill's, the banker's, and found they had been paid for.
WILLIAM KIDD . I am in the employ of Mr. Gillatt, a drover—I drove nine sheep, by his direction, to Paybody—I think it was about four months ago, as near as I can guess—I cannot say whose pen they came from—I do not recollect driving five sheep there.
Cross-examined by MR. PHILLIPS. Q. Were you examined at Bow-street? A. Yes.
Cross-examined by MR. PHILLIPS. Q. Were you examined at Bow-street? A. Yes.
WILLIAM GRACE . I am clerk to Pocklington and Co., bankers, West Smithfield. These two 10l. notes—(Nos. 45217 and 45216, dated the 10th of July, 1841)—were paid into our bank on the 17th of September—I wrote on them at the time, "Paybody, Goodge-street," which was the name and address given by the party who paid them in—they were paid in to the account of William Henry Billing, a beast and sheep salesman, in Smith-field, for six sheep, at 385. each, 11l. 8s. it is our habit, unless sheep are paid for before three o'clock, to give an order for their delivery when paid for—it was after three o'clock—the order produced is what I gave—I cannot recognize the person who made the payment, whether it was Paybody or not—I gave it to the drover, who came afterwards—it is not usual to give it when the money is paid, unless asked for.
JOSEPH AINSWORTH . I am a drover. On the 17th of September, Paybody sent me to Pocklington's for an order, where I got the order produced—I received it without paying any money, and gave it to Paybody, just by the Ram-yard, in Smithfield, an received six sheep from that yard, and drove them to his house in Goodge-street.
Cross-examined. Q. Were you examined before the Magistrate? A. Yes.
SAMUEL MAT . I recollect, on the 17th of September, six sheep being lodged at the Ram-yard, where I attend, in the name of Billing, by his drover—I have the book here in which they are entered—I delivered them to whoever brought the note, on the 17th of December.
Cross-examined by MR. CLARKSON. Q. Is the entry in your own writing? A. Yes—I do not know who brought the note for them.
EDWARD WINNING . I am clerk to Jones and Co., bankers, Smithfield—(looking at four 10l. notes)—this note, No. 45218, was paid in on the 20th of September, with another, on account of Batten and Son, for nine sheep—the other three, Nos. 45223, 45224, and 45225, were paid in on the 27th, two to the account of Inwood, salesman, for nine sheep, and the other to Mountford, for two beasts, the whole of them have the name of Paybody on them, which I wrote when I received them.
JOSEPH DAVIS re-examined. I am drover to Mr. Gillatt. On the 20th of September, I received nine sheep from Thomas Gregory, and took them to Mr. Paybody's house—I heard him tell master he bought them of Batten.
JOHN GILLATT . I am a drover. I had eleven sheep delivered to me, and sent my man with them to Paybody—I cannot say the dates, but while he was in business, I caused all he had to be driven—my son may have driven some to Paybody from Inwood, I never did.
wood's pen, between three and four months ago, and delivered them to Joseph Davis, to drive home to Paybody's.
Cross-examined by MR. CLARKSON. Q. Have you any memorandum which leads you to speak to them? A. No, I do not keep a book—I have given sheep to Davis before—I only speak to the time by guess but I never drew any but once from Inwood's.
Cross-examined by Mr. CLARKSON. Q. Do you keep any book or memorandum? A. No, I noticed the day of the month, because I was out on Sunday, the 19th—my attention was called to it first at Bow-street—I cannot say how long after—I had sheep from Gillatt, junior, before, I think about a month before, and drove them to Paybody's that time—it was nine—it was Batten's nine which were delivered on the 20th of September, because Gillatt and I went together to draw them.
MR. CHAMBERS. Q. Did you drive any from In wood's? A. Yes, nine—I cannot say when, but it was after I drove Batten's—I cannot say how long after.
EDWARD IVENS . I am a salesman, and keep an account at Messrs. Pocklington's. When we sell beast in the market, it is usual for the person to pay the money into the bank, with the account—when they apply for the delivery of the beast, I generally send my drover to see if the money is paid in—I make an entry in my book of the transaction—I remember selling two beasts, on the 4th of October, for 34l., to Pay body—Jennings was my drover—the beast were fetched away in the usual course that day, I having ascertained that the money was paid into the bankers'.
Cross-examined by MR. PHILLIPS. Q. By Paybody, do you mean the prisoner? A. I cannot say that—it was a person of that name—I do not know his father.
MR. BODKIN. Q. What sort of beast were they? A. Half bred, between Shropshire and Hereford.
JOHN CRAMP re-examined. I know the prisoner Paybody—he showed me these beast—I do not recollect the date—they were half bred, between Shropshire and Hereford—he told me he bought them of Mr. Ivens—it was on a Monday, several weeks back.
BENJAMIN LACEY . I am one of the firm of Pocklington and Co., bankers, Smithfield. This note, No. 45220, dated the 10th of July, 1841, was paid into our house on account of two beast, in the name of Paybody, to the account of Mr. Ivens.
JOHN JENNINGS . I am drover to Mr. Ivens. I remember two beast being bought of master on the 4th of October—the prisoner Paybody was one of the party who bought them—I saw him buy them—I delivered them to John Gillatt.
by the desire of Mr. Gillatt, to the upper slaughter-house, Clare-market—I delivered them to Bates, for Paybody.
Cross-examined by MR. CLARKSON. Q. Were there other beast there at the time? A. Yes, different breeds.
JOHN MOUNTFORD . On the 27th of September, I sold two beast at Smithfield to somebody unknown, who gave in the name of Paybody, for 36l.—I told him to pay it into Jones and Co., my bankers—after I heard they were paid for they were taken away.
JOHN BATES re-examined. I—have a book in which I enter the names of persons who send beast—I have not got it here—I recollect on the 27th of September, two black beast coming for Paybody, I slaughtered them—two halves of the carcasses went to Newport-market, and two to his shop, by his direction—one bullock was killed on Monday, the other on Tuesday.
HENRY GOODING . I am clerk to Jones and Co., bankers, Smithfield. On the 20th of September, a 10l. bank-note, No. 63306, dated the 10th of June, 1841, was paid into our home on Mr. Batten's account, for nine sheep—I do not know the person.
JOHN BROOM . I am penman at Mr. Mossman's, salesman, Smithfield. On the 30th of July, I recollect Paybody buying four sheep at 28s. each—Mr. Biggerstaff are master's bankers—after inquiring if they were paid for they were delivered to Gillatt to drive.
JOHN BIGGERSTAFF . I am a banker at Smithfield. This 10l. note, No. 03909, dated the 10th of June, 1841, was paid in on the 30th of July, for four sheep, at 28s. each, bought of Mossman, in the name of Pay-body—I do not know who paid it in.
ROWLAND WILSON . I am clerk to Mr. Cooper, meat-salesman, New-port-market; Paybody dealt with him for meat. On the 24th of July, I received this 10l. note, No. 03911, dated 10th of June, 1841, from him, in payment for meat.
CHARLES WARD re-examined. I paid this 5l. cheque purporting to be drawn by Mr. Williams at our banking-house, on the 22nd of July—I gave for it Nos. 03907, 8, 9, 10, and 11 10l. notes, dated 10th June, 1841—I do not know to whom I paid it.
MR. WILLIAMS re-examined. This cheque is not my writing, nor was it written by my authority—it is altogether a forgery.
MR. BURNABY. I am chief-clerk at Bow-street, police-court. I was in attendance when Paybody was first brought on a charge on the 11th of December, before Mr. Hail, the Magistrate—I took down what the witnesses stated, and have it here—Bigg was on that occasion remanded
and Paybody allowed to go at large on bail—he was brought to the office a second time on the 15th of October, on the same charge—I was in attendance—Mr. Jardine was the Magistrate then—Mr. Hall did not attend to it further with regard to the prisoners, that I am aware of—I am not the clerk who prepared the depositions for the Court.
Cross-examined by MR. CLARKSON. Q. You was present at the statement made by Weston? A. I do not know whether he was examined afterwards—I was not present—the statement he made on the 11th of October was not returned—I have it here.
(Robert Jeffries, butcher, Nos. 3 and 4, Fitzroy-court, Tottenham-court-road; Edward Ireland, butcher, Newgate-market; William Randall, coffee-house-keeper, No. 119, Blackfriars-road; William Langfield, carpenter, No. 15, Great Chapel-street; Ann Stock, wife of Edward Stock, lighterman, No. 10, Bond-court, Walbrook; and Eliza Lassy, wife of a pianoforte-maker, No. 3, Chapel-street, Tottenham-court-road; deposed to Paybody's good character: and Edward Hopper, rope-maker, Osmond-terrace, Blackfriars-road; Richard Rolfe, gentleman, No. 40, Brewer-street, Somerstown; and Richard Jackson Tugwell, Brook-hill, Clerken-well, to that of Bigg.)
BIGG— GUILTY . Aged 20— Transported for Fifteen Years.
PAYBODY— GUILTY . Aged 20.— Transported for Twenty Years.
157. ELIZABETH COPE was indicted for unlawfully, maliciously, and feloniously setting fire to a certain dwelling-house of Sarah Simpkin, the said Sarah Simpkin and others being therein. 4 other COUNTS varying the manner of stating the charge.
SARAH SIMPKIN . I am matron of Hans Town School of Industry, Elizabeth-street, in the parish of St. Luke, Chelsea. I live in the house, which is governed by a committee of ladies—I have the sole management of the house—none of the ladies reside there—the prisoner has been under my care there for five years in January. On the 4th of November, between eight and nine o'clock, an alarm of fire was given—I went up stairs to my bed-room, and observed the bed on fire—I got assistance and extinguished it—about 20l. worth of damage was done—the bed and furniture were burnt—the wainscot was injured very trifling—it was not blazing—the floor was a little injured—it was only scorched, and the paint of the wainscot blistered—the governess, who was in the adjoining room, told me of it.
Cross-examined by MR. CLARKSON. Q. I believe the prisoner came to you quite a child? A. Yes, and her character was very good—the premises were purchased before I went there—I am a salaried officer—I pay the servants' wages, and charge it on account to the committee, who represent the whole proprietors—I have been there twenty-five years—I know Margaret Williams, a schoolfellow, had been speaking to the prisoner before she said any thing to me—I do not know of Williams making her any promise—I have no lease in my possession—it is leased to the Rev. Mr. Fry Elvein, who is minister of the Lock Chapel, and was chaplain of the establishment at the time—Mr. Nevill is the chaplain now.
COURT. Q. Who is Mary Carey? A. The secretary—she has nothing to do with the house—the paint of the room was scorched and blistered, it was not in flames, that is all.
NOT GUILTY .
HENRY HUMPHREYS . I live at the Fox public-house, Oxford-street, with William Richards. In the morning of the 11th of November, I was in the bar about half-past one or two o'clock—the prisoner was there—I saw him walk part of the way up stairs, and then go on his hands and knees—he came down in five or ten minutes with a gown under his arm—I tried to lay hold of him on the stairs, but missed him—he threw the gown at my feet and ran to the street-door—I took it up, followed him, overtook him, and asked what he had to say for himself—he said, "Nothing," and I gave him in charge.
ELIZABETH MONCAR . I was in the prosecutor's service. On the 11th of November my mistress went to bed at half-past eleven o'clock—I hang the gown she had on that night in her bed-room up stairs—that now produced is it.
Prisoner's Defence. I had been drinking too much beer.
(The prisoner received a good character.)
GUILTY . Aged 32.— Confined Three Months.
159. CHARLES FOLEY was indicted for stealing, on the 3rd of November, 48 chissels, value 1l. 4d.; 1 rule, value 1s. 6d.; 2 brushes, value 2s.; 2 hammers, value 2s.; 5 files, value 2s. 6d.; 1 jacket, value 3s.; 1 cap, value 6d.; 1 apron, value 6d.; and 1 square, value 1s.; the goods of John Daymond: 1 bow-drill, value 10s.; and 4 bits, value 2s.; the goods of Matthew William Johnson.
JOHN DAYMOND . I am a marble-mason, and live in Upper Charlton-street, Fitzroy-square. I was at work at Mr. Johnson's—I left at half-past six o'clock in the evening, leaving my tools in the shop, which was fastened with a latch, but not locked—the gates were locked—on the following morning, at half-past six, I went there and missed the articles stated.
JOSEPH JONES . I live with Mr. Aldous, a pawnbroker, of Berwick-street, Soho. I have a mason's drill, pawned on the 5th of November, in the name of John Collins—I cannot speak to the prisoner—one of the duplicates produced by the officer is the counterpart of mine.
Prisoner. I never pawned the article. Witness. I took it in of you—he said it was his father's, who was a mason, and one of those who struck at the House of Commons.
(Property produced and sworn to.)
Prisoner's Defence. I picked the duplicates up.
(The prisoner received a good character.)
GUILTY .* Aged 17.— Confined Twelve Months.
160. ANN BOWYER was indicted for stealing, on the 2nd of November, 2 petticoats, value 3s.; and 1 pair of trowsers, value 18d.; the goods of Joseph Parfitt; and that she had been before convicted of felony.
JOSEPH PARFITT . I am a policeman, and live at No. 5, Ann's-buildings, Leather-lane. On the evening of the 2nd of November I was called by Mrs. Emmerson, and received from her a pair of trowsers and two petticoats—I took the prisoner into custody—the trowsers are my property.
ELIZABETH PARFITT . I am the prosecutor's wife. These petticoats are mine—I hung them out to dry in the back yard of my house, about half-past three o'clock—they were safe at half-past seven—I left the door open.
LUCY EMMERSON . I live near Leather-lane. On the 2nd of November I was near the prosecutor's house, and saw the prisoner—I saw her try every door—at last she went to the prosecutor's—the street-door was open—she went into the house, into the back yard, and came out with something in her apron—I gave an alarm, and stopped her—she threw the things down—I picked them up—the prosecutor claimed them.
Prisoner's Defence. I met a person whom I knew in Leather-lane; I told her my troubles, and she gave me 1s. and a pint of beer; she said she had no more with her, but if I would come with her she would make me a present of 6d.; she went away, came again, and said she had got something, but could not bring it out; I then went to her home, as she said, and she said, "You go and pledge my child's petticoat and my own." I went, and found them wrapped up with the trowsers—I was to come to her at Hatton-garden, but before I could get there the witness took me. I looked to see if I could see the woman, but could not, and I afterwards heard she did not live there.
GUILTY . Aged 51.— Transported for Seven Years.
161. THOMAS BOAK and MARY ANN JEPSON were indicted for stealing, on the 9th of November, 12 pairs of stockings, value 1l.; 26 yards of lawn, value 1l. 6s.; 42 yards of holland, value 1l. 2s.; 4 handkerchiefs, value 4s.; 9 yards of printed cotton, value 5s.; 6 yards of calico, value 2s.; 3 handkerchiefs, value 9s.; and 2 pieces of diaper, value 1l. 10s.; the goods of William Timothy, the master of Boak; to which
BOAK pleaded GUILTY . Aged 32.
JEPSON pleaded GUILTY . Aged 20.
Confined Nine Months.
(The prisoner Boak received a good character.)
JAMES ROWLES . I am a chimney-sweeper, and live at Hounslow. On Saturday, the 13th of November, the prisoner came and asked me for work, and I engaged him as a chimney-sweeper—we went to the Bell public-house, and remained there till a little after ten o'clock in the evening—the prisoner left before I did—I did not see him again till between twelve and one the next day, when he was in custody—when I went to the public-house I had left the door of my house unlatched, but there were persons at home—
when I went to bed I left the door unlatched—the prisoner was to sleep in the house—when I got up in the morning, I found he had not been in my house that night—I missed a sweeping-machine, consisting of eighteen joints, from the foot of the stairs—I found six joints of it, on Sunday, at Ealing.
THOMAS WALLIS . I am a chimney-sweeper, at Ealing-grove. On Saturday, the 13th of November, about nine o'clock in the morning, I saw the prisoner with a sweeping-machine—I bought it of him—on the following morning he brought me another part of the machine, which was afterwards seen by Rowle.
Cross-examined by—MR. PHILLIPS. Q. Are you quite certain the prisoner sold the machine to you? A. Yes.
(Property produced and sworn to.)
GUILTY .* Aged 24.— Confined Eight Months.
JAMES DUNN . I lived in Jackson's-court, Long-alley. On Saturday, the 6th of November, I received a part of my week's wages, about 13s. 6d.—I afterwards got intoxicated, and was locked up in the station—I consider I spent about 2s. or 2s. 6d. before I was locked up—I cannot exactly say, being drunk—to the best of my knowledge there were two half-crowns in my pocket—there were other persons in the station—we were all locked up together—I felt my pockets in the morning, and missed my money—I recollect something about some body trying to get my money from me, but being drunk I could not exactly swear to it—I do not think it was the prisoner—I consider it was a younger lad than he—when the prisoner was called out of the cell, I think 10s. were found in his mouth.
Cross-examined by MR. PAYNE. Q. I understand you were pretty considerably drunk? A. On the Saturday night I had been so—I will not swear I took my money with me into the cell.
JOHN JENKINSON . I am a policeman. I took the prisoner into custody on Saturday night, the 6th, on a charge of felony—I searched him at the station, and found no money about him—before I searched him I asked if he had any money—he said no—he was put into a cell by himself, and locked up—he remained there all night—some other persons were put into the cell afterwards—I saw the prosecutor in the cell on Sunday morning with five or six persons—I did not see the prisoner searched on Monday.
Cross-examined. Q. I believe, what you find on a prisoner, by the rules of the police, you take away from him? A. Yes.
JAMES BRANNAN . I am a police-sergeant. I was at the station on the Saturday night when the prisoner was brought in—I heard him tell Jenkinson he had no money—on the Sunday night I went into the cell in company with the Inspector, and Dunn was there, and six or seven prisoners—I heard the prosecutor say he was robbed of 10s. or 12s.—the inspector asked the prisoner if he had any money—he said he had not—out the following morning I was present when the prisoners were called out, and saw the prisoner put something towards his mouth—I seized him by the neck, and took two half-crowns, four shillings, and two sixpences from his mouth—I told him he had said the night before that he had no money, and he said he had it in his shoes.
NOT GUILTY .
164. MARTIN MOSS was indicted for stealing, on the 21st of November, 1 watch, value 10l.; 1 watch-chain, value 3l.; 1 seal, value 30s.,; and 1 key, value 10s.; the goods of Henry Stead, from his person.
HENRY STEDA . I am book-keeper to Mr. Kirkwall, the official Assignee, and live at Wapping-wall. On the afternoon of the 21st of November, between five and six o'clock, I was coming up Mansel-passage, Haydon-square—there are some posts at the end of Mansel-street—I had got near them, and saw a person who I believe to be the prisoner—he passed me through the posts—in passing he snatched at my watch, chain, and seals, drew my watch from my fob, and ran away—I followed him, crying, "Stop thief," into Haydon square—I lost sight of him for two or three seconds, not more, as he turned the corner of the rail-work in the square—I went on in that direction, and found him in custody of the constable—I observed him more by his dress than his face it was rather dusk at the time—I did not see any one but him in the direction he ran.
Cross-examined by MR. PRENDERGAST. Q. Did the prisoner speak to you when he was taken into custody? A. Yes; he said he was not the man, and said I was mistaken—I had a better opportunity of observing his dress than his face—it was a momentary transaction—there was a light at the end of the passage—his face was shaded by the light—he did not turn back on taking my watch, but went on in the same direction, and I turned round and pursued him—I believe he is the man—I swear to him to the best of my belief, from the circumstances.
COURT. Q. Do you mean from the circumstances, or from what you recollect of his looks? A. From what I recollect at the time he took the watch from me, and the subsequent circumstances—I should not have been able to swear to him if he had not been taken near the place.
CHARLES INGLE . I am a policeman. About half-past five o'clock on the evening of the 21st of November I was at the corner of Church-street, Haydon square—I heard a cry of "Stop thief," and saw the prisoner running in a direction from Mansel-passage round the square—there was no person running with him or near him, nor any person in the square at the time—I seized him and asked him what was the matter—he said "Nothing"—I asked him what he was running for—he made no reply—I took him back in the direction he had run from, and met the prosecutor when we had got about twenty yards—I asked him if he was the person that was calling out "Stop thief"—he said he was, and they had stolen his gold watch, chain, seal, and key—I asked if the prisoner was the person—he said he had every reason to believe he was—the prisoner said he thought he was wrong—the prosecutor asked him where he was going—he said, to Rosemary-lane—he asked where he came from—he made no answer to that—I took the prisoner to the station, and afterwards went back to Haydon-square, looked for the watch there, and found it down Shippy-yard, about ten or twelve yards from where I had stopped the prisoner, and over a brick wall—it was not broken, nor had it stopped—it went on right afterwards—it was rather dark where I stopped the prisoner.
Cross-examined. Q. It is rather a high wall, is it not? A. Yes—I cannot say how far it is from the posts in Mansel-passage.
COURT. Q. If a man had come from Mansel-passage, would he have passed this wall? A. No—he was going towards the wall—I stopped him about ten yards before he got to it—he had not got to where the watch was found—if he had thrown it, he must have thrown it forward—it fell
on some grass which has sprung up between the bricks—there are some ruins there.
NOT GUILTY .
165. THOMAS WEBLE was indicted for stealing, on the 18th of November, 1 pair of shoes, value 2s.; 2 stockings, value 4d.; 1 jacket, value 2s.; 2 pairs of trowsers, value 3s.; 1 cap, value 6d.; 1 knife, value 2d.; 1 razor, value 1s.; and 1 pair of spectacles, value 9d.; the goods of Charles Smithson, in a vessel in a port of entry and discharge.
CHARLES SMITHSON . I am ship-keeper of the Lady Peel which was lying in the West India Docks. On the morning of the 18th of November I was in my hammock, between decks, and heard something moving on deck—I went on deck to strike a light—a person rushed against me, ran past me, and went across the galley into the Hope, which was lashed along-side us—I struck a light, and saw the place all in confusion—I afterwards missed the articles stated from the galley—I called the night-watchman, and searched four ships in the docks—about six o'clock in the morning the prisoner was found, and all the articles on him—I know they were all safe in the galley the night before.
THOMAS GLADWELL . I am a constable in the West India Docks. On the morning of the 18th of November, at Smithson's request, I searched the different ships in the West India Docks, particularly the Hope—I found the prisoner in the coal-hole of that ship—he had all these articles with him—I asked what he was doing there—he said he belonged to the ship—I said, "If you belong to the ship, what do you do here at this time in the morning?"—he then said, "I do not belong to the ship, I work on board"—I asked if the clothes he had. on were his own property—he said they were—I called the prosecutor, and he identified the articles.
(Property produced and sworn to.)
GUILTY . Aged 28.— Confined Six Months.
THOMAS GOLDER . I am shopman to James Franklin, a pawnbroker, in Tottenham-court-road. On Saturday, the 13th of November, about twelve or half-past twelve o'clock, I saw the prisoner at our shop, looking at a gown which hung in the shop for sale—I soon after missed the prisoner and the gown—it was afterwards brought back by Clench—it is my master's property—it was not sold to the prisoner.
EDWARD CLENCH . I live in John-street. About the middle of Saturday, the 13th of November, I was going past Mr. Franklin's shop, and saw the prisoner inside—I saw her take a gown off a hook, put it under her shawl, and run away with it—I followed her, and called "Stop thief"—I came up to her in Greek-street, Soho—there was no policeman by to give her in charge—I charged her with stealing the gown from Franklin's—she said it was false, she struck me, and walked up and down—a mob of people got about, and she threw the gown down—I took it back to the shop—she prayed of me to let her go.
EDWIN M'COY . On the 13th of November I saw a mob in Crown-street—I followed it to Greek-street, and saw the prisoner with a gown—she threw it at Clench—I followed her to High-street, St. Giles's—I saw a policeman there, and gave her into custody.
(Property produced and sworn to.)
(Prisoner's Defence. As I was coming along Tottenham Court-road, three females and two boys passed me, and dropped this parcel—they seemed drunk—I hallooed after them, but they ran different ways—a woman came across the road, picked up the parcel, put it in her apron, and said, "Don't say any thing about it, we will go and pawn it, and halve the money"—I said I would do nothing of the sort, she then took it, and said I should have nothing of it—a mob came, and she went away—I went to Bond-street, to see a friend, and returned in about two hours the same way—as I returned, these boys came up to me, and asked if I knew any thing of the party who took the parcel—I said, no—they said if I could tell any thing about it, they would give me half a crown, and if I did not they would give me in charge—I said, "I did not care," and they gave me in custody—I know no more of it than the dead.
GUILTY .* Aged 36.— Confined One Year.
WILLIAM SKINNER . I am an oilman, and live in Hereford-street, Fitzroy-market. On Friday, the 12th of November, in the evening, I was behind my counter—it was dark—I heard a noise, ran out, and four brushes were gone—I had seen them ten minutes before—I saw the prisoner running down Hereford-street, and followed him into Grafton-street—I took him by the collar, and accused him of stealing the brushes—he denied it, and at the same time I saw the handles of the brushes underneath his jacket—he dropped them—I gave him into custody.
Prisoner. Q. Did you see me take them? A. No.
HENRY ROBERTS . I am a policeman. On Friday evening, the 12th of November, I was called by Mr. Skinner, and found four brushes at the prisoner's feet—the prisoner said a lad with an apron on had dropped them at his feet in passing.
Prisoner's Defence. I was coming from Tottenham Court-road, and met a lad I knew by sight, when the man caught hold of me—the boy dropped the brushes, and ran away.
GUILTY . Aged 15— Confined Four Months.
First Jury, before Mr. Recorder.
GUILTY .— Confined One Month.
GUILTY . Aged 45.— Confined One Month.
GUILTY . Aged 81.— Confined One Month.
171. WILLIAM KEYTE , the younger, was indicted for stealing, on the 28th of October, 1 coat, value 3s., the goods of John William Hurst ; also for stealing, on the 8th of November, 1 coat, value 10s.; and 1 pair of trowsers, value 3s.; the goods of John William Hurst ; to both of which he pleaded
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 16.— Confined One Month.
GUILTY . Aged 30.—Recommended to mercy.— Confined Fourteen Days.
OLIVER ROGERS . I live with my father, John Rogers, a bootmaker, in St. Martin's-street, Leicester-square. On the night of the 26th of November, I was by the shop-door—I saw the prisoner unhook the scales from the chain at Mr. Mudie's which is next door—he put them under his arm, and ran away with them—I went into the shop, and told Mrs. Mudie—Frederick Mudie ran out after him.
FREDERICK MUDIE . I am the son of Peter Mudie. I ran after the prisoner, and followed him as far as St. Martin'-lane, when I saw him collared—he had the scales under his arm, which were what we lost, and a weight in them.
Prisoner. The weight belonged to a place where I had been at work that day. Witness. It is our own weight.
Prisoners Defence. I was at the corner of Orange-street, Leicester-square—a man came and asked me if I could tell where to sell the scales—I said I did not know—I asked what he wanted for them—he said 4s.—I said they were not worth it to me—I had 3s. in my pocket, which I gave him for them—I did not run—I walked slowly to the corner of New-street—the policeman saw me, and I gave myself up immediately.
FREDERICK MUDIE re-examined. Not more than two minutes elapsed between the scales being lost, and their being found on the prisoner—I saw him going along by the square, but I was not aware he was the same man—I followed an ostler, and he stopped the prisoner in St. Martin's-lane—he was walking very quick up New-street, and when he saw the policeman, he walked away again—there was no time for him to have bought the scales of another man—as soon as the boy cried out, he
ran away with the scales—I directly ran out, and ran down Orange street—I could not have been above two minutes getting to St. Martin's-lane—I went up Castle-street and through St. Martin's-court—I did not have him in view all the time—the ostler is not here, we did not know where he lived—I thought I first saw the prisoner going across the square—I then ran down Orange-street, thinking to meet him, and the ostler came running before me there—I followed him, he got to the prisoner first, and collared him.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Six Months.
WILLIAM HENRY WATKINS . I am fifteen years old, and live with my father, in Eagle-street, Red Lion square—I am shopman to Mr. Melluish, a boot and shoe-maker, No. 28, Bell-yard, Temple-bar. On the 27th of November, I was coming out of my master's back-room into the shop, at a quarter to twelve o'clock, and saw the prisoner take a pair of boots up singly, and run away with them—they were just inside the shop—I called to my father and ran out after the prisoner—he ran up towards Carey-street—I called, "Stop thief "—as soon as I called "Stop thief," the second time, the prisoner dropped the boots, and ran towards Lincoln's-inn—I did not see him taken—I am sure I kept sight of him till he dropped them—I have no doubt the prisoner is the person.
Cross-examined by MR. PAYNE. Q. How far is the back-room from the door of the shop? A. Not above a dozen yards—the boots were not fastened together, they stood on the top of a box—they could not have been taken from outside—he must have come two steps into the shop—there were no other boots there—I saw the prisoner's features as he turned round to go out of the shop—I had never seen him before to my knowledge—he snatched up the boots and ran away with them directly—he was not dressed as he is now, he had a Taglioni great coat on—I have not the least doubt of him.
HENRY WATKINS . I am foreman to Mr. Melluish—I was at work at the shop when my son called out, "Father"—I saw the prisoner leave the door with the boots in his hand—I followed him, but he had turned round the corner before I got up—I did not see him throw them down—the boots were picked up by a strange man, who gave them to me, and I gave them to my son—I overtook the prisoner in Lincoln's-inn, New-square, and gave him into custody—the boots picked up are my master's, and are worth 1l. 14s.—I cannot swear the prisoner is the person that took them—I was shown him when I went to the top of Carey-street, by the man who gave me the boots—I saw him turn in through Lincoln's-inn gate—he was running, and others were pursuing him.
GUILTY . Aged 22.— Confined Six Months.
MR. CHARNOCK conducted the Prosecution.
was in our service—the butler of the Dowager Countess of Essex, is a customer of ours—it is our custom for the servants to account to us every Saturday night for the money they receive—whatever they receive in the course of the week they pay on the Saturday night—the young woman at the shop receives the account of the bread they deliver—the money is not paid to me—I have the book here—my daughter keeps it—she is not here.
MATTHEW MAWSON . I am under-butler to Lady Essex, and deal with the prosecutor—the prisoner delivered bread to me. On the 30th of October I paid him, on the prosecutor's account, 18d.; on the 6th of November, 18d.; and on the 13th of November, 1s. 10 (1/2) d. for bread I had received from him.
Cross-examined by MR. PAYNE. Q. You do not know that it was the 30th of October, do you? A. Yes—I have recollected it since I was before the Magistrate—I paid the prisoner money every Saturday for the last three months—I generally paid on Saturday—I sometimes paid on Monday, when I was out on Saturday—he has been in the habit of leaving bread at the house for six months, I should say, but I did not pay him every Saturday all that time, only since Lady Essex has been out of town, which was in September—I paid him from 18d. to 2s. every Saturday—I am quite sure I paid him on the three days in question—either I or one of the servants took the bread in, but no one but me paid the money—I am quite sure I paid it with my own hand.
JOHN MULWOO . I am clerk to the prosecutor. I keep an account of the receipts of monies, and always know what is paid—the sums paid are entered in this cash-book—the parties who carry out bread and receive money do not give their accounts to me—it is accounted to me by my master, who receives the money—(referring to the book)—here is no entry of 1s. 6d. received by the prosecutor from Mawson on the 30th of October—on the 6th of November, here is 1s. 7d. entered as received from Maw-son—these entries are made by me.
COURT. Here is an entry on the 30th of October, "Essex, Servant, 1s. 11 (3/4) d.; ditto, 1s. 7d.:" on the 6th of November, "Essex, Servant, 1s. 7d.;" and on the 13th of November there does not appear any entry. Witness. Those entries are for money received for former weeks.
COURT to MRS. KLOS. Q. Here is a larger sum entered on the 30th of October than you charge him with embezzling? A. The reason of that is, he left more bread with the servant than he accounted for at home, and at a less price than we allowed, and that makes the difference in the money.
JOHN MULWOO re-examined. This entry certainly relates to former weeks—it cannot relate to the week for which the bill had been made out—if he was paid on Saturday, the 30th of October, he would not have accounted for that till that day week—the bill is generally made out for the running week, and he accounts for his bread for the week before, and that accounts for the sums varying, because it is for former weeks, and not for that very week—if he received 1s. 2 (1/2) d.—on the 30th of October, he ought to account for it on the 6th of November, the ensuing week, and so on—he would keep it all the week—if he receives on the Monday for the week before, he accounts for it on the following Saturday—the sums which are put down in
the cash-book were received and accounted for, but he withheld these three sums—the prisoner does not make any entry in this book, he has nothing to do with it—I keep this book, and make out the bills every Saturday—I do not debit him with the bread—what he has accounted for on these days refers to former weeks—these sums in the pass-book exactly correspond with the cash-book—the two books must correspond—what he received on the 23rd of October would be accounted for on the 30th.
ELIZABETH LANOFORD . I am housekeeper in the service of Lady Essex. I deal with Mr. Klos—the prisoner brought bread to the house—I paid him 1s. 7d. about a month or five weeks ago—I do not know whether it was on the 30th of October, but it was somewhere about that time—I could almost be positive it was the 30th—mine is a distinct account from Mawson's—I did not have a bill—I did not pay weekly—this was for three or four weeks—the prisoner never delivered any bills to me, and gave no reason for not doing so.
MRS. KLOS re-examined. This other book is made from the prisoner's directions—on the 16th of October here is entered against "Essex, Servant, 1s. 11 3/4 d."—on the 23rd, 1s. 7d—on the 30th October, 1s. 2 1/2 d—the 1s. 7d. is Mrs. Langford's account, and the other Mawson's—the amount of bread supplied was taken from his own lips—he told me what is down here—each man tells me what be leaves at each house every day when they settle—we do not charge him with the bread when he takes it out, only when he brings it home—we count it when it goes out; and when he comes back, if any is left, it is marked to him, and at night he would account to me for the bread he has left to each person at each house—I know he left more bread than he accounted for, by what is said—there were three loaves on the bill, and he said he had left four—he has weekly bills to distribute every Monday morning.
JOHN KLOS . The prisoner was my servant—he never accounted to me for 1s. 6d.—on the 6th of November—he left more bread with Lady Essex's servants than I have in my book—he must have taken bread from other customers, and kept the money—I made out the bills from what he told me—he never accounted to me for 1s. 2 1/2 d. on the 6th of November—he was taken into custody on Saturday night, the 13th.
NOT GUILTY .
THOMAS STAPLES . I am toll-collector at the Duncan-street bar, Islington, and live in White Lion-street—I have known the prisoner about five years. On the night of the 2nd of November, about seven o'clock, he went into the bar-house with me—I was rather sleepy—when I awoke I missed two sovereigns and a half from my pocket—it was in a tobaccobox—I found the box in my left-hand breast-pocket, which was a different pocket, and the money gone—it was in a leather bag, and a piece of paper as well—I am sure it was safe in my pocket between six and seven—the prisoner sat by my side while I was dosing—I had no light there when I missed it—he said, "I think you had better wait four or five days, and then you will see the boy with a new suit of clothes"—meaning a boy who was with me about five—but my money was safe after that boy was gone—the prisoner
went away soon after, and returned in about a quarter of an hour, then went away, and I did not see him again—I left the bar at nine, met a constable I about eleven, and went with him to the prisoner—I did not see him hand any thing to his sister—the constable showed me a handkerchief—I did not see him give it to any body—if I have said so, it is not true—if I have said I saw the constable take the handkerchief from her hand, it is not true—I saw it after he took it away from the sister, and he put it into his pocket—I did not see the prisoner give it to his sister—the prisoner was taken to the station—the handkerchief being opened, two sovereigns and a half were found in it, such coin as I had lost.
Prisoner. About half-past six o'clock I was coming by, and a boy who was often about there, said, "You can come and sit with me, as I have nobody here;" in a short time he said I had better go away for fear the master of the toll-box should come and find me there; I left, and when I came back he said he had lost his money, and suspected two boys who had been there; I said, "You had better look about and see if you have got it, and you had better search me." Witness. He went away while I was asleep, and when he came back, I felt about his clothes, but could not find it, but he had been away before that.
Prisoner. He told me to pull off my boots to see if it was there—he said, "Don't tell any body that I have lost it, for nobody knows I have got it," and when at night he came and took me out of bed, the constable had the money in his hand, but I never saw It at all.
JOHN DAVIS (police-constable N 101.) The prosecutor spoke to me, and I went with him and took the prisoner—he denied the charge—while I was coming down stairs I saw a female, who I believe was his sister, on the stairs—I was first, the prisoner next, and the sister behind him—I saw him at the bottom of the stairs, put his hand behind him, and the sister was behind him—I saw her take something from his hand—I seized her hand, and took a handkerchief from her with two sovereigns and a half in it, rolled up in paper—when he saw me find it, he denied having had it—I am quite certain be banded it to his sister—I seized her hand immediately before it got out of my sight.
Prisoner. I was putting on my clothes, and was in my drawers and shirt; I could not have had it, for I dressed in his presence; he caught hold of me directly I opened the door, and would not leave go of me. Witness. He sleeps in his clothes—he was lying on shavings—his clothes were on when I went, except his jacket.
GUILTY . Aged 16.— Confined Six Months.
NEW COURT.—Saturday, December—4th, 1841.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 33.— Transported for Seven Years.
179. CHARLOTTE BROWN was indicted for stealing, on the 20th of November, 1 handkerchief, value 1d. 1 crown, 1 half-crown, 2 shillings, 1 sixpence, 4 pence, and 5 halfpence, the property of Charles James Hopkins; to which she pleaded
GUILTY . Aged 19.— Confined Three Months.
GUILTY . Aged 40.— Confined One Month.
181. MARY ELTHON was indicted for stealing, on the 15th of November, 4 shirts, value 2l.; 7 pairs of stockings, value 3s. 6d.; 4 handkerchiefs, value 4s.; and 2 cravats, value 2s.; the goods of Edward Lambert, Esq., her master.
EDWARD LAMBERT, ESQ . The prisoner's sister was my laundress. On Wednesday, the 24th of November, the prisoner came to supply her place—I gave her on that or the following day, two shirts to get washed, and some stockings and handkerchiefs—she brought one shirt back, and I gave her another on Saturday—I have ultimately missed four shirts, and the other things stated—these articles are mine—they are marked exactly as mine are.
MR. LAMBERT re-examined. The prisoner came to me on the 24th—I never saw her before, but her sister had pawned half-a-dozen shirts previous—I attributed this crime to my servant, but I discovered that the prisoner was the person who pawned them all—she lived with her sister—she could have taken her sister's key and gone to my chambers.
MR. LAMBERT. This shirt is mine.
Prisoner. I pawned this one to get some soap and other things—I know nothing of the other articles.
GUILTY . Aged 28.— Confined One Year.
Before Mr. Justice Coltman.
182. WILLIAM SMITH and MARY DAVIS were indicted for stealing, on the 8th of October, 6 curtains, value 2l. 10s.; 2 candlesticks, value 2l.; 1 pair of snuffers and tray, value 10s.; 1 table-cover, value 10s.; and 2 sheets, value 10s.; the goods of Mary Ann Lewis, in her dwelling-house.
ELIZABETH THOMAS . I live at No. 16, Oxendon-street, the house belongs to Mary Ann Lewis, and the furniture is hers. On the 8th of October, in the evening, the two prisoners came there—they did not say any thing on coming in, but walked up stairs into the first floor front room—they remained there about an hour, and went away about half-past eight —Davis came down stairs first, and Smith came after her—when he got to the foot of the stairs he dropped a piece of coin—he looked down, and Davis went out of the door—Smith then walked along, looking down, and when he got to the door, he said, "If my lady calls here to-morrow evening, will you allow her to wait?"—I said, "What time?"—he said,
"About this time"—(it was then about half-past eight)—he did paid me 5s. for the room when he first went in—when they went from the door, Charlotte Gray, the housemaid, went up stairs—I followed her—I was on the stain when she went into the room—I then went into the room—it was the room the prisoners had been in—the room was in darkness—I put my band on the table to feel for the candlestick, and felt that the table-cover was gone—the housemaid went and got a light, and I then missed six bed-curtains, a pair of sheets, a pair of plated candlesticks, a pair of snuffers and tray, and the table-cover—all these things had been safe in the room when Smith paid me the money, and no one had been in that room but the two prisoners—there was no one in the house but the prisoners, me, the housemaid, and cook—the cook never came out of the kitchen—I saw the prisoners again on the 22nd of October, at No. 11, Shepherd-street—I am certain they are the persons.
Cross-examined by MR. DOANE. Q. This is a brothel, is it not? A. It is a house of accommodation for ladies and gentlemen—I cannot say what the females are, whether they are prostitutes or not—I never ask them whether they are or not—if women who walk the street are brought there by gentlemen, I never ask what they are—I have lived there about four months—I am a widow, and have children—I call myself chamber-maid in this house—I do not know a woman named Dale—Mary Ann Lewis hired roe as chamber-maid to this place—she told me she was a widow—I have known her four months—I saw her at the Black Bull public-house in Holborn—I cannot say the day of the month—I was like other servants inquiring for a situation—I went there and saw Mrs. Lewis—she appeared in every way a respectable woman—we had appointed to meet there—I received a letter, and went there, and Lewis hired me to be chamber-maid at this house—she did not go there with me—I have never seen her in Oxendon-street—I do not know that that house has been indicted—I never heard of it till now—I have heard Mrs. Dale spoken off, but I never saw her.
Davis. It was quite impossible for a person to take all these things. Witness. The window was unhasped, and the cord of the furthest blind was cut away.
COURT. Q. What does that window look out upon? A. The window that was unhasped looks into James-street, Haymarket, and there is a dead wall faces it belonging to the Tennis-court—it is a narrow street—the window could not be opened without breaking the blinds—there are short blinds beside the long ones, and to open the window properly the sofa must be moved, which had no appearance of having been moved.
MART BENNETT . I live at No. 11, Shepherd-street. The prisoners came there together on the 22nd of October, and in consequence of what passed at that house I sent to No. 16, Oxendon-street, and Elizabeth Thomas came—she saw the policeman there, and challenged them as being the parties who had been at her house, and they were taken into custody.
RICHARD BOOR (police-sergeant C 15.) I apprehended the prisoners at No. 11, Shepherd-street, which is a brothel, about half-past nine o'clock in the evening, on the 22nd of October—Thomas saw them and recognised them in a moment as the persons who had been at her house—she gave them into custody for robbing the house in Oxendon-street—they said nothing.
saw the prisoners come there on the 8th of October—they remained there from half-past seven o'clock till half-past eight—they were in the first floor back room—after they were gone I went into the room and missed the articles stated—I saw them safe not two minutes before they came—no one was in the room but them.
Davis. The owner of the house I believe is now in a county prison—I have only to say I know nothing of it.
NOT GUILTY .
183. WILLIAM SMITH and MARY DAVIS were again indicted for stealing, on the 12th of October, 1 painting, value 1l. 15s.; 2 ornaments, value 1l. 5s.; 1 counterpane, value 1s. 15s.; 2 sheets, value 4s.; and 2 towels, value 2s.; the goods of Mary Williams; and that Smith had been before convicted of felony.
MARY WILCOX . I live at No. 8, Edward's-yard, and am servant to Mary Williams—she does not live there, but at Highgate—there are two servants in the house, Ann Jones and me—Mrs. Williams comes every week for her money. On the 12th of October Davis came and asked if she could have a room—I told her, "Yes"—she asked if it was well-furnished—I said, "Yes"—she said a gentleman she was about to meet was very elegant, and she would return with him in half-an-hour—she went away, and returned with Smith about ten o'clock—they went into the back room on the first floor—my fellow-servant went up with them—in about ten minutes Davis came into the back yard, and opened my kitchen-door—she had no bonnet on—she said she was afraid if I had not a front room ready, her gentleman would not stop—I told her I would light a fire in the front room, and it would be ready in a few minutes—she then went up again to the back room—I lighted the fire—my fellow-servant knocked at the door of the room they were in, and told them the front room was ready—they went into it, and remained there twenty minutes or half-an-hour—Davis then came down stairs and Smith behind her—my fellow-servant opened the door to let them out—I was coming in at the back door at the time—I heard Smith say to my fellow-servant, "Will you allow my lady to wait here to-morrow night, I will meet her it half-past nine o'clock?"—he then said to Davis, "Go on, my dear, I will overtake you"—he then said, "By the bye, I have left my gloves up stairs, but that will do when I come to-morrow night"—I was going up stairs to fetch them when he made his way out of the house—he had paid my fellow-servant 5s. for the room up stairs—I was in the adjoining room, and saw him give her the money—that was after I had lighted the fire in the front room—he said to Davis, "Excuse me Madam for a few moments" then closed the door and paid it—after he was gone I went up stairs—I found one candle in the front room that they had been in, and one in a little bed-room adjoining—I missed two towels from the dressing-table, and a large counterpane and two sheets from the bed in that little room, and from the front sitting-room which they bad been in an oil-painting had been cut out of the frame and was gone, and two china ornaments—I had placed all those things there myself when I lighted the fire—I found one of the panes of glass in the window was broken, which was not broken when I showed them into the room, and the window had been unfastened, which I had fastened down myself, which is a general rule when we close the shutters—I had hasped it about half-past eight o'clock—I am quite sure
the prisoners are the persons—I saw them again on the 23rd in custody—I have never seen any of the property.
Cross-examined by MR. DOANE. Q. Where is this house? In Edward's yard, Langham-place—it is not a public thoroughfare—there are four houses in it, and some stables—the front of the house is in Edward's-yard, which leads into Edward-street—you can get out of Edward's-yard by going through a public-house, which will lead into Portland-street—our house is only one story high—there are two back rooms and two front rooms up stairs—I have lived there nearly six months—the bed was made, all but sheeting, before the prisoners came—I put the sheets on after they were there—I am a widow, and have two children—when I went to this house I had been out of place a long time, and was glad to take any place—a female friend who had been in the habit of living in such places, told me of it—I went to the house, but Mrs. Williams was not there—I waited there to be hired, and Mrs. Williams came three days after and hired me—I had never seen her before—she has never lived on those premises since I have been there—my fellow-servant pays her what money is taken in the house—it is taken from the till and given her—I sometimes take money there—it is put into a drawer, which is kept locked up—my fellow servant generally locks it, but I lock it some times—I never paid Mrs. Williams any thing—she comes every week from three to four o'clock in the afternoon—she receives no regular sum, but whatever is taken in the house—some weeks there it more taken than others—I have 6s. a week and what I receive at the door—Mrs. Williams pays me the 6s. out of the money taken—she never stays in the house, and I do not know where to find her at Hampstead—I do not know whether she is married or single—for aught I know she has got a husband—I never heard but that she was a widow—she did not complain of the loss of this property before the Magistrate.
Davis. Q. Who did I come with when you first saw me? A. By yourself.
Cross-examined. Q. How many years is that ago? A. I—took him on the 14th of January, 1837, with two other persons—I had him up to the 4th of February in my custody, and I have seen him since, and spoken to him—I will swear he is the man.
SMITH— GUILTY . Aged 21.— Transported for Ten Years.
DAVIS— GUILTY . Aged 22.— Confined Twelve Months.
WILLIAM ROY . About eight o'clock in the evening of the 15th of November I was standing at the corner of Wellington-street, Strand—a friend asked me if I had lost any thing—I looked, and missed my handkerchief, which I had in my hand about a quarter of an hour before, in St. Paul's Church-yard—the policeman showed it to me in about three-quarters of an hour.
Chancery-lane—I waited a few minutes at a pastry-cook's shop till they passed me, following the prosecutor and a gentleman who was with him—I followed after them to the corner of Wellington-street, through Holy well-street—I then saw Conway take a white pocket handkerchief from the prosecutor's pocket and carry it in front of him—White was close to him, covering him—the prosecutor then turned up Wellington-street—the prisoners still continued on westward, along the Strand—I saw they did not run—I went up after Mr. Roy, and told him what I had seen—I then went down the Strand, westward, after the prisoners—I could not find them—I took Mr. Roy's address, and went back, and, with the assistance of a City police-constable, I took the two prisoners, who were at the corner of Chancery-lane—I took them to the station, and the constable took off White's hat, and in it found this handkerchief—I asked White where he got it—he said he bought it on Holborn-hill—I am confident they are the men—I knew their resort, and where to find them.
(Property produced and sworn to.)
Conway's Defence. I was never near Wellington-street, and know nothing of it.
White's Defence. I went into a public-house on Holborn-hill; a man man came in and offered this handkerchief for sale for 1 1/2 d., and I bought it.
(James Tebbetts, shoemaker, gave Conway a good character.)
CONWAY— GUILTY . Aged 21.
WHITE— GUILTY . Aged 31.
Transported for Ten Years.
185. MARY MILLER was indicted for stealing, on the 2nd of October, 1 medal, value 3l. 10s.; 1 fork, value 7s.; 6 spoons, value 1l. 2s.; and 1 napkin, value 1s.; the goods of William Witham, in his dwelling-house.
ELIZABETH M'NAMARA . I am servant to Mr. William Witham, of No. 49, Eaton-square; the prisoner's husband is a fellow-servant of mine, and she occasionally came to the house to see him. Between a fortnight and three weeks ago I missed a silver medal from the drawing-room table, and one or two days after I missed five silver tea-spoons, a salt-spoon, and a dessert-fork—I had never seen the spoons after I missed the medal—I had seen none of them within a month—I should think I had within three months—I have since seen the silver medal and the salt-spoon with a crest.
Cross-examined by MR. PHILLIPS. Q. Had you known her long? A. About a year and a half—I knew she was poor.
JAMES MAY (police-sergeant B 7.) I went before the Magistrate when the prisoner was under examination—I saw her sign this statement, and Mr. Burridge also—the articles produced before the Magistrate were claimed by M'Namara—(read)—"The prisoner says, 'I took them through distress; I told the pawnbrokers the things were my husband's master's; I intended to get them out as soon as I could.'"
GUILTY .—Recommended to mercy by the Prosecutor and Jury.
Confined Four Months.
Warehouse-room to get a deal table out for my mistress—I returned to the shop in about three minutes, and missed a chair, which I had seen safe five minutes before—a woman gave me information—I ran down Wentworth-street, and saw the prisoner walking away with the chair on his back—I went up to him, and told him the chair belonged to my master—he said nothing—I took it from him, and be ran away—I followed him with the chair in my hand—he went into No. 21, New-court, George-street—I went a little way from the house to look for a policeman, but did not lose sight of the house—I saw the prisoner then come out of that house and go into another at the corner of George-street —he came out of there, and went into a chandler's shop—the policeman then came up, and I gave him in charge at the corner of the chandler's shop—I am sure the prisoner is the same man—he had a hat on—the gas was lighted, but there was no gas in our shop.
WILLIAM PRICE (police-constable H 25.) I took the prisoner by Smith's desire—he was going in to the chandler's shop—I told him he was wanted—he said, "What for?"—I told him he was charged with stealing a chair from a shop in Brick-lane—he said he knew nothing about it—he went very quietly till within one hundred yards of the station—he feigned to be very much intoxicated, but I do not believe he was so—he then put his foot out and threw me down, but with the assistance of the beadle, who happened to be near, I got up and secured him.
Prisoner. I know nothing about it—I was never there at all—the witness Smith, says I had a hat on, but I had a cap—I never wear a hat —I was at a public-house drinking, at half-past four o'clock, just against the lodging-house. Witness. I think he had a hat on.
GUILTY . Aged 23.— Confined One Month.
ELIZABETH MARY WINTBRBURN . I live with my mother, Sophia Winterburn, a baker, in Gray'sinn-lane. On Monday, the 8th of November, about half-past five o'clock in the evening, the prisoner came and asked for a half-quartern loaf—he had a shilling in his hand—I weighed the loaf and put it on the counter, and supposing he wanted change for the shilling, I put sixpence on the counter and took twopence out of the till to make up the rest of the change—he snatched the twopence out of my hand—I then saw the shilling was a bad one, and told him of it, I said if he would give me my change I would say nothing about it—he said I dare not do so, and he would serve me out if I called a policeman to him—he then ran out of the shop, taking with him the loaf, the two penny pieces, and the sixpence, and left the shilling on the counter—I had put the loaf and the sixpence down for him to take, but be did not put down the shilling till afterwards—I ran out after him, and cried out for the people to stop him—he was stopped in about ten minutes and brought back to the shop.
Prisoner. Q. Did not you take the twopence out of the till and put it down? A. No, you snatched it out of my hand.
PETER FLANNAGAN . On the evening in question, I saw the prisoner with the loaf in his arm, running away, and the witness after him, calling "Stop that man with the white apron and the paper cap"—I ran after him, and other persons joined in the pursuit—I did not see him stopped, but I saw him Drought back in about ten minutes.
JAMES O'BRIEN (police-constable G 59.) I saw the prisoner in the hands of a young man, on Eyre-street-hill—he had a loaf—I took him back to the shop, and found on him 6d. of half-pence, and two sixpences in silver.
GUILTY .* Aged 21.— Confined Nine Months.
JAMES AYLING . I am a boot and shoe-maker. On the 8th of November, I went to the Rose and Crown public-house, Crown-court, Islington, to measure a woman named Mary Bush, for some shoes—I saw the prisoner and another there—I believe he heard Bush give me the order for the shoes—he had the opportunity—she told me to send them home as usual—on the 13th, I sent them home by John Dwyer.
JOHN DWYER . I am errand-boy to the prosecutor. I was sent with a pair of shoes to Mary Bush—my master had told me to go to No. 9, Rose and Crown-court, but I forgot the number, and I asked a woman at the top of the court, if she knew where a person of the name of Bush lived, and she told me at No. 7—I went there, and saw a man named Briant—I left the shoes with him, and told him they were for a woman of the name of Bush—as I was coming out of the court I saw the prisoner—he told me to give him the shoes, and he would give them to Mary Bush when she came in—I told him I had given them to Briant—he told me to go and bring them out of Briant's and give them to him—I did so, and then returned to my master—I am sure the prisoner is the man—I saw him again on the Wednesday morning following.
ROBERT BRAY (police-constable N 178.) I apprehended the prisoner, and told him he was charged with stealing shoes—he said he knew nothing of the boy or the shoes—he said he saw the boy go down the court with the shoes in his hand.
MICHAEL BRIANT . I was sitting by the fire—Dwyer came to the door, and asked if a person named Bush lived in the house—I said there was—he said, "Here is a pair of shoes to give her"—I put them down—in a few minutes he came, and said he had left them wrongly—I gave him the shoes, and he went out
Prisoner. This witness knows I sell fruit in the street—I was not home that night till half-past nine. Witness. I cannot say what time he came home—I never knew any thing bad of him.
NOT GUILTY .
189. PRISCILLA GOBELL was indicted for stealing, on the 19th of November, 2 sheets, value 2s.; the goods of Walter Pemberton; 2 pairs of earrings, value 16s.; 1 veil, value 3s. 6d.; 2 pairs of cuffs, value 6d.; 3 yards of ribbon, value 3d.; and 1lb. weight of sugar, value 9d.; the goods of Oliver Horton Smart, her master.
CAROLINE SMART . I am the wife of Oliver Morton Smart. The prisoner was in our service, and quitted on the 19th of November—I was present that evening, with my husband and the officer, when her box was searched—it was locked—she unlocked it—we found in it a pair of gold drops, a pair of gold earrings, and some cuffs, belonging to us, and some shirts, and two night-shirts belonging to Mr. Walter Pemberton—I know them by the initials on them—this veil was found in her pocket, and several other trifling articles were found in her box.
Cross-examined by MR. PAYNE. Q. How long had she been in your service? A. About four months—she was to have 5l. a-year, and her perquisites—ours is a lodging-house, and we have lately opened it as a coffee-shop—she had received 5s. wages—she had previously been in our service, for six months—she was away twelve months, and then we took her again—she gave notice this last time—I owed her about 1s., some-thing of mine was in pledge, and she advanced the money to pay the interest—here is a pair of drops, and a pair of gold earrings—these drops cannot be worn without the earrings on the top of them—these earrings are my cousin's, who was staying at our house—I gave 35s. for the veil—I have worn it these twelve months—these things were not put in a box to be thrown away—there were winter things in the box—I never used the veil as a duster—there were some handkerchiefs in the box of Mr. Pemberton's—he lodged with us six months—he left these shirts behind him—I believe the prisoner has no father or mother—it was between six or seven in the evening that I searched her box—she was going directly—I should have paid her wages before she went—I wear these cuffs on my wrists in the winter.
NOT GUILTY .
AMELIA ANN WHITEMAN . I an the wife of Henry James Whiteman, and live in Arlington-street. About four months since, the prisoner, Francis, hired a furnished apartment at our house, and she and Chilcott came to live there—we gave them warning three weeks previous to the 18th of November—they should have quitted on the 18th—Francis said they could not go then—on the 19th, I said we must have the room by that evening, as it was very particular—she said she did not know whether she could let us have it, and in the evening, she said they could not go—we then asked if the property was safe, and said we thought it must be pledged—she denied it—I asked to see the property—she said she would not satisfy my idle curiosity—we then insisted on searching, had the policeman, and missed a pair of linen sheets—I gave her into custody—Chilcott was not there then—he was taken on the 22nd—there was some rent owing, which we were willing to forgive them, if they would give us the duplicates and possession of the room.
Cross-examined by MR. PRICE. Q. But Francis was in prison, was not she? A. No—we made her that offer, and she sent word she would not—we had given her a week's notice three weeks previously, and she said
she was afraid she should not be able to go on account of the money—that was the reason she gave from week to week, but we did not press for the money, so that could not keep them—we wished possession of the apartment, and would have got the goods out ourselves—there was 1l. 14s. due for rent, at 4s. 6d. a-week—we had received very little, and there was work done—it was ten o'clock at night when I had the policeman in—Francis was then lying on the bed—we had called the policeman before, and then we thought we would give her a little further time, we begged of her to go in the mean time, but she would not—we had promised a friend to sleep in that apartment, and I expected to be confined shortly, and wanted the room—Francis knew that—she did not tell me, that if I would give her a little time, she would pay me up every thing—she had told us repeatedly she could not go, and that night she told us, very impudently, that we had not given her a legal warning—Chilcott afterwards came that same night—we refused to admit him, and he went away—we found out he was not her husband, which we did not know before.
MARY ANN REDMAN . I am the wife of a policeman. I searched the female prisoner at the station, and found on her a duplicate for a sheet, pawned at Sharwood's, in St. John's-street Road—I gave it to Davis.
CHARLES DAVIS (police-constable G 170.) I apprehended Francis on the 19th of November—she said she had not pledged the sheets; if they would give her till the morning she would replace them again—I after-wards received a duplicate from Redman, and went with it to Mr. Sharwood's, from whom I received a sheet—Mrs. Whiteman was with me, and identified it—I left it at the pawnbroker's, and it was brought to Hatton-garden office on the Saturday—I apprehended Chilcott on the Monday—I found nothing on him—on the Tuesday a friend of his came to the office, and he sent him for a duplicate—he brought it, and it was given to me—I went to Sharwood's with it, and one of his men brought the sheet next morning—both the sheets were taken back to the pawnbroker's till the Thursday, and after being brought to the office they had them again.
Cross-examined. Q. How do you know it was a friend of the prisoner's that brought the ticket? A. Chilcott told me so—the two prisoners had been kept separate.
SAMUEL FROST . I am in the service of Mr. Sharwood, a pawnbroker—I produce a sheet which was pawned by the male prisoner on the 11th of September—it remained in our custody till the prisoners were taken—the male prisoner had been frequently in the habit of pawning things with us since that time, and redeeming them.
Cross-examined. Q. He never left any thing unredeemed? A. Only this sheet—Mrs. Whiteman and the policeman came to our shop afterwards, and claimed it.
MRS. WHITEMAN re-examined. These are the two sheets that were missing—our initials are on them, "H. A. W.," for Henry and Amelia Whiteman.
MR. PRICE. Q. Did you not receive some sheets on the Friday morning? A. Yes, one pair clean, and a pair of pillow-cases—Francis told me on Saturday she would make it right, but we were told so repeatedly.
NOT GUILTY .
Fifth Jury, before Mr. Common Sergeant.
191. MARY MILWARD was indicted for stealing, on the 22nd of November, 4 towels, value 6s. 6d.; 2 dusters, value 1s. 2d.; sheet, value 1l. 1s.; 1 handkerchief, value 3s.; and 1 toilet-cover, value 4s. 6d.; the goods of John Conquest, her master.
JOHN CONQUEST . I live in Woburn-square—the prisoner was my cook. On the 22nd of November she went out for a cab,—and was going to leave me—her boxes were locked, and a bag was in the room—I called up my servants, and in their presence I found in the bag a duster and a sheet—I had her boxes opened, and all these other things were found in them, except I one duster, which was found in her pocket.
Prisoner. I did not put them there—I had left my keys on the table. Witness. The bag and boxes were locked, and she took the keys out of her pocket.
JANE KIMBER . I am the prosecuter's servant. I saw these things taken out of the bag and boxes in the prisoner's bed-room—the prisoner took the keys out of her pocket when she came back from getting the cab.
GUILTY . Aged 45.— Confined Six Months.
192. JOHN M'DONALD was indicted for stealing, on the 14th of November, 1 pocket-book, value 6d.; 8 sovereigns; 1 half-sovereign; and 1 piece of foreign coin, value 1s. 6d.; the property of David Hanson, from his person.
DAVID HANSON . I am a seaman—the prisoner was my shipmate. On Sunday night, the 14th of November, I got drank—I had in my pocket a Pocket-book, eight sovereigns and a half, and three American coins—I had received my wages the night before—the last time I was sober was about seven o'clock that evening, and I then had my money safe—this coin (looking at it)—is the largest of the coins I had in my pocket-book with my money—the prisoner is one who was with me when I got drunk—I met him in Wapping, in a cab—with two girls—the next day he called to me out of the cab door,—took me to a public-house, and gave me a glass of rum—he told me that I had taxed him with the money the night before—he cried like a child, and took this half-crown, tossed it out of his pocket, and said, "That is more than any of your countrymen would do for you"—he then took me to the King William public-house, and said he had left a sovereign there—he went out of the King William, and bought a watch—he had no watch when he left the ship.
Prisoner. I know nothing about the American piece.
ELLEN ROACH . I sold this coin to Mr. Luckley—the prisoner gave it to me as a present about eleven or twelve o'clock on the day on which he was taken—he gave me his coat to keep for him—there was 2s. in the coat.
JURY. Q. Was he drunk or sober when he gave you the coin? A. He was sober—he and three of his shipmates had come to sup the night before he left his coat with me, and next day he said the coin was of no use to him, I might sell it for its value.
had got 10s. 6d., which was all the money he had, and he had bought the watch for 2l.
Prisoner. I left my coat, and when I came to overhaul it there was 2s. and this piece in it—I took the 2s., and gave the piece to the girl.
GUILTY . Aged 24.— Confined Six Months.
193. GEORGE SCATHINGWOOD was indicted for stealing, on the 30th of November, 1 handkerchief, value 1s., the goods of a man whose surname is Holland, but whose Christian name is unknown, from his person:—2nd COUNT, stating it to be the goods of a man unknown.
JOSEPH BATEMAN . I live with my mother, Catherine Bateman, in Devonshire street, Vauxhall. On the 12th of November, about two o'clock in the afternoon, I was in Martin's-lane—I saw a lady and gentleman walking—the prisoner crossed over, and took a handkerchief from the gentleman's pocket, and put it under his jacket—I went and told the con-stable, who ran after him—I have not seen the gentleman since—some person told him of this, and he ran up, but he was in a great hurry, and would not stop—I forget whether he told his name or not.
CHARLES BROWN (police-constable F 128.) I received information—I went and took the prisoner—I took this handkerchief from him—he said he was very sorry—he hoped I would forgive him, and he would never do it any more—the gentleman came up in a great hurry, said his name was Holland, and promised faithfully to come the next day, but he did not—he said this was his handkerchief—I have tried to find who he was, but could not
Prisoner's Defence. The handkerchief is mine—I brought it out of the country with me—I pulled it out of my pocket to wipe my nose, and walked with it in my band—I did not put it in my pocket.
(The prisoner received a good character.)
GUILTY . Aged 16.— Confined Three Months.
194. CHARLES BURRY was indicted for stealing, on the 15th of November, 7 bottles, value 1s. 6d.; 3 quarts of wine, value 16s. 3d.; 3 pints of brandy, 7 value 12s.; 1 half-pint of gin, value 2s.; and 1 handkerchief, value 2s. 6d.; the goods of Frederick Braithwaite.
FREDERICK BRAITHWAITE . I am an engineer, and live in Bath-place, New-road—the prisoner was my groom. On the morning of the 15th of November, in consequence of what I heard, I found a cupboard locked and nailed—it was opened in my presence, and contained six bottles, three of port, two of brandy, and one of gin—the prisoner gave up his key, and I went with the officer to his lodgings, and opened a box there which was pointed out by his landlord as his, and found in the box another bottle in a handkerchief—I called the prisoner up, and told him to tell me the whole truth.
Cross-examined by MR. PHILLIPS. Q. I believe you told him it would be better for him to tell the whole truth? A. Yes—this is my hand-kerchief—the name is picked out, but I have the fellow one to it—the prisoner was about to say there would be a bottle of wine found in his box, but the officer stopped him—I know the bottles from their being splashed
with lime—I had my cellar washed about two years ago, and the bottles were splashed—I went into the cellar and missed the four bottles from the top row—I can say positively this is my wine.
THOMAS MASON . I am carman to the prosecutor—I was in the stable about seven o'clock in the evening of the 16th—the prisoner had one key, and I the other—I saw a cupboard open that the prisoner had the command of—it caused me to look in there, and I saw the neck of a bottle—I called Ferrie, and then the cupboard was nailed up—one morning the prisoner asked me if I had had any thing out of his cupboard—I said, "No"—I asked what he had lost—he said it did not signify, it was a thing of some consequence, he should have to make it good—he then said it was three bottles of wine and two of brandy.
Cross-examined. Q. Did he not say more to you? A. No—I do not know whether any thing was said about the value of it—he did say it was 24s. or 25s., which he should have to make good—he told me he got them from a friend a long distance off, who were moving their goods, and they particularly wished him to take care of these bottles, and he should have to make them good.
(The prisoner received a good character.)
GUILTY . Aged 30.— Confined Six Months.
MR. PRENDERGAST conducted the Prosecution.
CHARLOTTE GRACE GURNEY . I live with my father at Northholt—these ducks were my own. On Sunday last I had eight docks, and on Monday I missed two—I gave information about it—two ducks were shown to me by the officer—I am sure they were mine.
Cross-examined by MR. HORRY. Q. When you saw them on Sunday they were alive? A. Yes—I have been in these habit of feeding and attending them for the last three months—I know them by their plumage.
JOHN SMITH (police-constable F 190.) I was at Northholt last Monday evening—I saw the prisoner about two hundred yards from the prosecutor's premises—he had a basket—I asked what he had got—he said some potatoes that he had brought from Barges, meaning his brother-in-law—I said I wanted to see them—he then said, "To tell you the truth it is a piece of meat I bought"—I took down the basket, opened it, and found these two ducks in this bag—I felt the heads of the ducks and said, "This is very curious meat, Tom"—I asked him where he got them—he said he bought them on Saturday night of a man for 2s.
GUILTY . Aged 19.—Recommended to mercy.— Confined Two Months.
to William Daubney Holmes, the lessee of a house in Fludyer street, Westminster.
Cross-examined by MR. PHILLIPS. Q. Is not this property in Chancery? A. I do not know—I believe Fludyer, to whom the property belongs, to be a lunatic—Mr. Holmes could not have been here, he is in Holstein—Mrs. Dillon lives in the house—I do not receive the rent for Mr. Holmes, I transact his business.
COURT. Q. How do you know this house belongs to Mr. Holmes, A. Because he told me that he was the lessee, that he had taken the house on a lease—he would address me as his agent.
Cross-examined. Q. How long is it since he told you this? A. From six to nine months since—I do not know who receives the rent—Mrs. Dillon is not here.
GEORGE FEOWERDEN . On Wednesday, the 24th of November, I went to the house in Fludyer-street, and received information—I told them to put the candles out, and I went up stairs—I saw two persons on the roof over the stable—I went and gave information—the police went in the back way—the lead was gone from the gutter—I did not see who the parties were—the house is unoccupied—Mrs. Dillon is taking care of it—Mr. Holmes gave her the care of it.
Cross-examined. Q. Who pays the rent of it? A. Mr. Holmes—I believe he has taken the lease of it.
GEORGE STEVENS (police-sergeant A 13.) I received information that two persons were on the premises—I took three policemen with me, and posted two outside and took one in with me—I saw a person climb along the back of the premises—I took the light and found the two prisoners in a hole on the premises, and two pieces of lead, which were matched with what was in the gutter, and the place where it came from corresponds exactly—I have not the least doubt it belonged to the house—it was in a wet state when it was found.
Cross-examined. Q. Did it appear to have been taken off the roof? A. Yes, I did not see any other person on the roof—I did not hear Mathews say there was another person on the roof—the prisoners were searched—I found this handkerchief on one of them.
Cross-examined. Q. Did you search the prisoners? A. I did not—I had one in custody—I was sent away by the Inspector to make further search—there was a handkerchief taken from one of the prisoners—Matthews said there had been several persons on the roof before them.
NOT GUILTY .
HORATIO PEACOCK. I am a carpenter and builder, in partnership with one other person. I have a yard at Shadwell with a quantity of old building-materieals in it—the prisoner was in my employ for the last seven weeks—I have lost two glazed window sashes—they were safe about four o'clock in the afternoon of the 20th of November—I found them afterwards at a broker's shop in Back-lane—I missed them on the 23rd—Mrs. Gar-dinner
diner came down to my workshop with a policeman, and said she bought them of the prisoner.
Cross-examined by MR. PHILLIPS Q. How long have you known him? A. Ever since he was a boy—he has been in the employ of Mr. Burl, a broker, eight or ten years—he has a wife and two children—I wish to recommend him to mercy—his wages were 18s. a week, and 1s. 6d. extra
Cross-examined. Q. You have known him a good many years? A. Yes, between twelve and fourteen years—he has borne a good character.
GUILTY . Aged 23.—Recommended to mercy.— Confined Six Days.
WILLIAM SPENCER . I am a salesman in Whitechapel-road; the prisoner was in my service. I missed a pair of boots—I called a policeman and gave the prisoner in charge—the boots were safe in my shop at half-past eleven o'clock on the 28th of November—the prisoner gave me the boots—I asked her where she got the boots that she wore the day before—she said, "I took them, and meant to tell my mistress of it"—I knew she was in want of boots, and had occasion to go out on the Sunday night when she took them.
Prisoner. I meant to tell my mistress of it on Monday morning. Wit-ness. It was very early on Monday morning that we found it out—she might intend to tell her mistress—we have engaged another servant, or I would take her back.
NOT GUILTY .
199. HENRY SHELTON SHEARS was indicted for stealing, on the 14th of November, 1 watch, value 3l.; 2 sovereigns, 6 shillings, 4 six-pences, and 15l. Bank-note, the property of William Cullum, from his person.
WILLIAM CULLUM . I was discharged from the ship Britannia, at Portsmouth, on the 14th of November. I received three 5l. notes and some silver—I came up to London with the prisoner and fourteen others—we got drunk, and when we got to Vauxhall four of us got into a coach—the prisoner was alongside of me—I then fell asleep—I got out at Bishops-gate-street—the prisoner came with me to my father's—we had more to drink, and he went away—I then missed my watch, a 5l. note, two sovereigns, and some silver—I am sure I had my watch when I left the Crown public-house—it was safe when I was in the hackney-coach—I am sure of that.
Cross-examined by MR. PHILLIPS. Q. Do you remember doing any thing with your watch in the coach? A. Yes, I took it out to see what time it was—the prisoner remarked that it did not go, and I put it up to his ear—I cannot say how much I had drank—I fell asleep in the coach—I wanted to pay for the coach-hire, and Johnstone told me to put my watch in my pocket and take care of it
WILLIAM JOHNSTONE . I am a seaman. I was paid off, came up by the railway, and got into the coach—I went to Cullum's father's house—he put his hand into his pocket and missed his watch and money—I said
I suspected Shears—I heard him tell the coachman at Vauzhall he was going to Ratcliff-cross—I went down there, made inquiries, and found him at Mr. Watson's—I said, "Halloa, Harry, what brought you down here?"—I called him on one side and said, "I came down after these things of Bill's"—he said, "What things?"—I said, "The watch"—Mr. Watson said, "If you have any thing to say, speak it out"—I said it was a private affair—the prisoner then told Watson to bring the watch—he took it down from a blue dish in the corner, and the prisoner gave it to me—I asked him again for the money—he said he had got no money—I said, "Yes, feel in your pockets like a good fellow"—no money was found.
Cross-examined. Q. Did you not say to him, "I want those things you have taken charge of?" A. Yes—seventeen of us came up from Portsmouth—there were two girls at the inn—I told the prosecutor to be careful of his money—he did not lose it, for I saw it at Vauxhall—I told the Magistrate that I sat alongside the coachman outside the coach—Kain sat inside.
COURT. Q. Did Cullum complain when at his father's house of the loss of his watch? A. Yes, the prisoner was gone then—I heard Shears say that the prosecutor had taken his watch out at the Farnham station, and given it to him.
Cross-examined. Q. Where did you sit in the coach? A. Alongside Cullum—Shears sat opposite—Shears said he was going to Ratcliff-cross—I did not hear him say he was going to London-street
JOSEPH WATSON . I am a scourer and dyer, living in London-street; the prisoner's wife worked for me. At half-past seven o'clock in the evening of the 14th of November, he called on me—he was drunk—he asked if his wife was there—I said, "No; will you walk in?"—he said, "Yes"—I sent for his wife—he was very sick—he left two sovereigns, two half-crowns, a five shilling-piece, and a watch with us.
Cross-examined. Q. He was in such a state that you wished to take care of his money? A. Yes, he gave me all the money he had.
MR. PHILLIPS called
MRS. WATSON. I am the wife of Joseph Watson. I remember the prisoner coming home—I asked him to leave the watch and money when he was going out with his wife—he said, "I will, you take care of the watch, it is not mine"—my husband was out at the time—he came in—I gave him the watch—he put it into a vegetable dish.
NOT GUILTY .
CATHERINE LEACH . I live in Frederick-place, Westminster. About half-past three o'clock in the afternoon of the 26th of November, I was in a parlour adjoining my shop—the shop was in charge of a little boy, who came to ask the price of a pair of boots—I went out, and missed a gown—I had seen it safe a short time before—I went after the prisoner, and asked her what she had taken—she said, "Nothing"—I saw a bit of the gown hanging out from her dress—I pulled it out—this is my gown.
FRANCES ROYAL . I live in Buckingham-row. I was passing the prosecutor's shop, and saw the prisoner standing on the ledge of the door—I saw her take something off a hook at the door, and place it quickly under her shawl.
Prisoner's Defence. I was passing the shop with my child—the child seeing the gown lying on the pavement, brought it to me—the prosecutor came at the same time and accused me of stealing it
GUILTY . Aged 30.—Recommended to mercy.— Confined Two Months.
EDWARD HOLT . I live in York-gardens, Palmer's-village, Westminster. At half-past five o'clock I was passing near the prosecutor's shop, and saw the prisoner cross the road opposite the shop—he saw some one at the window, and moved—he waited, and took up a pile of plates—I told an officer—the prisoner saw him, he then threw the plates down, and ran away.
Prisoner's Defence. I never had the plates in my possession.
GUILTY . Aged 19.— Confined One Year.
ROBERT GRUBB . At a quarter-past three o'clock in the afternoon of the 28th of November, I was in the Hackney-road—I heard something, felt, and missed my handkerchief—I turned, and saw it in the prisoner's hand.
Cross-examined by MR. PAYNE. Q. How near were you to him? A. I had hold of the collar of his coat—I am footman to Mr. Barker, in Ca-dogan-place, Chelsea—I am sure I saw it in the prisoner's hand—there was another person crossing the road too—he was pushing the handkerchief into a box bush while I had bold of him.
(The prisoner received a good character.)
GUILTY . Aged 20.—Recommended to mercy.— Confined Three Months.
GUILTY . Aged 18.— Confined Two Months.
ANN RAYMOND . I am the wife of James Raymond, a laundress, and live in Westbourn-street, Paddington. On the 20th of October I missed three silk handkerchiefs that I had had to wash—this is one—it is mine—I told the prisoner if he had pawned them and would give me the tickets I would forgive him—he said he had pawned them, and had sold the tickets.
NOT GUILTY .
ALEXANDER COWAN . I am a general dealer, living in Aylesbury-street, Clerkenwell. I was at a sale in the Strand on the 19th of November, and bought a lot of lead, some pullies, and a truck—the prisoner was present—it required two men to take down some machinery—I sent the men there, and on Friday I went—the men told me the prisoner had been for the lead—I had not authorized him to take it—I have seen it since at Mr. Clark's.
Prisoner. Mr. Cowan was not the buyer of these goods—Mr. Sherman bought them. Witness. Mr. Sherman bought it, and I bought it of him—I paid the auctioneer for it and have the receipt.
Prisoner. At the "knock-out" it was offered for 15s.—I told Mr. Cowan I would give 15s. for it, but it was not ready—I considered that I bought it fairly of Mr. Cowan. Witness. Not a single word passed between us on the subject—if he had purchased it he would have bad the order to get it, but I had the order in my pocket.
WILLIAM DOUGLAS (police-constable F 93.) I took the prisoner—he told me where he had sold the lead—he said he heard Mr. Cowan offer the lead for sale on the day previous, that he had not the money then, and he took the liberty of going the next morning and getting it—he sold it, thinking to get a few shillings by it—that he had gone to Mr. Cowans, and offered the money to Mr. Cowan's son.
Prisoners Defence. I went and offered 15s. to the prosecutor's son—he said, "I have nothing to do with it, my father will be here presently."
MR. COWAN re-examined. He had not been to my house, and had not time to do so—he asserted at the office that he had paid for it, and the Magistrate remanded the case from one day to another that he might bring witnesses, as he said he could prove, that he had offered the money to my son.
GUILTY .* Aged 35.— Confined Nine Months.
OLD COURT.—Monday, December 6th, 1841.
Third Jury, before Mr. Recorder.
GUILTY . Aged 22.— Confined Fourteen Days.
GUILTY . Aged 20.— Confined Fourteen Days.
GUILTY . Aged 18.— Confined One Year.
WILLIAM ROBERTSON . I lodge at M'Farlane's, in Ratcliff-highway. On the 16th of November, I went to bed there—I bad a sovereign in my watchpocket—I placed my trowsers at the foot of the bed, and when I got up next morning the sovereign was gone—the prisoner and another young man slept in the same room—I spoke to the prisoner about it, and he said something which threw suspicion on the other person who slept there—I then spoke to the other young man—We prisoner went out shortly after—I afterwards gave him in charge from something I was told.
THOMAS SQUIRE (police-sergeant K 14.) I went to a house in Blue-gatefields, at the request of M'Farlane, and found the prisoner there—I asked if he had any money about him—he said, "No"—I searched him, and found 13 1/2 d. and a knife in his pocket—I asked him where he got it—he said he had earned it by taking some clothes down to a shipmate, and the knife was bought at Mr. Cadman's—in taking him to the station, a halfpenny dropped from his trowsers—I afterwards found four half-crowns wrapped up in a piece of paper, concealed in the lining of his hat—he said he knew nothing of them.
WILLIAM CADMAN . I am a cutler, and live in High-street, Shadwell. On the 16th of November, between four and six o'clock in the afternoon, I sold this knife to the prisoner—he paid me a sovereign, and I gave him change, chiefly in half crowns.
Prisoner. The money was paid to a woman and not to the man, and not in gold, but silver. Witness. I served him myself, no woman sells in my shop—the knife came to 1s. 6d.
PATRICK M'FARLANE . I live in Ratcliff-highway—the prisoner lodged in the house for some weeks—I never received any money from him—he told me he belonged to a half-pay officer—to the East India Company, at St. Helena, that he bad been very ill used by his captain in coming to this country, and as he had no money, I gave him some to get ft warrant—I am positive he had no money—if he wanted a halfpenny I gave it to him.
GUILTY . Aged 20.— Confined Fourteen Days.
210. GEORGE DIXON was indicted for feloniously assaulting William Drake, on the 26th of October, putting him in fear and danger of his life, and taking from his person, and against his will, 1 handkerchief, value 5s.; and 1 flask, value 3s., his property; and immediately before, at the time of and after the said robbery, feloniously beating, striking, and using other personal violence to him.
MESSRS. CLARKSON and—DOANE conducted the Prosecution.
Bloomsbury. On the 26th of October, I and my brother and friends proceeded to Gravesend in the Bachelor steamboat—we went from the Adelphi-stairs—we took many parties on board going down the river—I saw the prisoner on board coming back—I cannot be positive that I saw him going down—we returned by the same boat—it had been engaged for the purpose by a friend of mine, and I assisted my friend in collecting money for refreshments, which were served on board—I received money from many persons for refreshment—I am positive I saw the prisoner on board on our return—my attention was particularly called to him—we arrived at Adelphi-stairs about seven or half-past seven o'clock—the majority of the passengers left before me—I was among the last that landed—I was dressed in a frock-coat, and a macintosh, in the pocket of which I had a silk handkerchief and metal flask in basket—I had given over the money I had received to my friend—I might have collected about 3l.—as soon as we landed, (my brother was with me) I was attacked by the prisoner, who struck me two or three times about the face and head—I could not say whether it was with his hand or any thing else, but he put his hand in my macintosh pocket, which contained the flask and hand-kerchief—I said, "What are you doing, what are you about, Scotty, I know you?"—I was then knocked down and severely kicked about the head and left side while I was down—there were other persons with him—my brother interfered to take my part, and he was also ill used—I was rendered almost senseless—I was in a very bad state—I have not re-covered my flask or handkerchief—one skirt of my macintosh was cut off—this is the macintosh—the pocket is cut away.
Cross-examined by MR. PAYNE. Q. What was the boat hired for, to go to see a fight? A. To go to a prize fight, between one Adams and Carty or Carter—it was to be at or near Gravesend—Mr. Banks and Mr. Dismore hired the boat—Banks keeps the Hare and Hounds public-house, Buckeridge-street, St. Giles's, where the "Daughters of Harmony" meet—I did not patronize either of the fighting men—I did not bet a shilling—I had some brandy in the flask, which I brought from my own house, not being then aware that I was going to render any assistance—I did not take it to give Adams while he was fighting, I swear that—one Lynch was on board, and a person named Pitman—Lynch did not strike the prisoner in my presence—I was in the fore-cabin—I saw nothing of any dispute between Lynch and the prisoner—I did not see the prisoner's nose bleeding—I told the Magistrate that I served refreshment on board the boat—I might not have told him whether I received money—I do not think I ever spoke to the prisoner before in my life—the blows I received caused a bruise on my face, and my eye was cut—it is not well yet—I believe I told the Magistrate about part of my macintosh being cut off, and that I lost my hand-kerchief and flask from the pocket of my macintosh—the macintosh was before the Magistrate, but was not shown—I had no party on board—I have been to fights occasionally, perhaps half-a-dozen in my time—(looking at his deposition)—this is my handwriting.
Q. You did not say a word to the Magistrate about your collecting money for provisions? A. I said I had assisted Banks in serving provisions—I was not walking about the deck with a broom-stick over my shoulder—I know a man named Jerry—I do not know whether he is a friend of Banks—he was on board, I believe—he sells poultry—he went casually, as other people, I believe—I do not know whether he went with
Banke's party—I think I collected money from him—I was not present when Jerry was fighting, and did not hear the captain say he would put the vessel on shore if there was any fighting—I was quite sober—I went aboard about half-past nine o'clock in the morning, and got to Gravesend about one—I heard that the fight was about three o'clock, but I do not know—I went to it—Adams, I believe, won—I drank out of my brandy-flask at the fight, and gave my brother some too—Pitman came up, and I believe I gave him a sip—there was not much in it—Adams did not drink out of it—the loser was not knocked about much—there were two fights, but the last I saw very little of—I did not observe that one of the party was very much hurt—they appeared as men fighting generally do—I went on board the boat again as soon as I could.
MR. DOANE. Q. Had the prisoner attempted to rob you before? A. Yes, in the aft-cabin—we were coming up the river at that time—I had been receiving money from passengers for refreshment—I heard the prisoner breaking the bottles and plates there—I went up, and was stir-rounded by people, the prisoner among them, who felt about my pockets—I dropped the bottle, which I bad taken hold of, and succeeded in getting on deck, and told Mr. Banks—the people who surrounded me, and laid hold of my pockets, called the prisoner Scotty, and he was with them at the time.
JOSEPH DRAKE . I am the prosecutor's brother. I went in company with him on board the boat to Gravesend and back—I was with my brother when he landed at Adelphi Pier—he was attacked by the prisoner and several others—I saw him struck right in the face, and knocked down—I saw the prisoner there taking part in it—I tried to get my brother out of their hands, and they knocked me down—I lost a handkerchief and a pair of gloves, but did not name it.
Cross-examined. Q. About how many people were on board the boat when it went down at first? A. Ishould think from 100 to 150—can-not say whether they all came back again—I was not much on deck—I was a good deal in the cabin where Banks was—in the hind part of the cabin, where they kept the beer and things—there was plenty of drink served—there might be very likely a dozen persons altogether on the Adelphi Pier at the time my brother was struck—I know a man called Jerry Bryan—I did not see him fighting on board, nor hear the captain say he would run the boat ashore if there was fighting going on—Pitman is a friend of mine—I know Lynch—I have heard that he struck the prisoner, whom they called Scotty—I did not see him with a black eye—I cannot say whether I heard it on board or afterwards—I did not hear Lynch ask Pitman to interfere or strike Scotty—I did not hear Pitman say, "I don't care a d—n for Scotty or his mob; if his mob was much stronger than that, I could beat the whole lot of them"—I was occasion-ally bringing a thing or two up from the cabin—I did not observe any one on board intoxicated—they were not breaking bottles where I was—I was in the cabin where the provisions were—I cannot say whether it was the hind or fore part—I was not selling brandy out of my brother's flask—my brother's flask had nothing to do with Banks—I occasionally assisted Banks—I do not attend the "Daughters of Harmony" and do not know Mary Ann Lockwood, the charwoman.
first thing I heard was a call of "Murder"—I ran to see what it was, and saw three or four men beating another man—I heard him say, "For G—'s sake don't murder me"—he was then knocked down, and he said again, "Scotty, for G—'s sake don't murder me"—I think I recognize the prisoner as being there—I heard the words "Scotty, don't murder me," and "Scotty, I know you."
Cross-examined. Q. You did not go before the Justice? A. No—I knew none of the parties—I was subpoenaed here—it was not at all a dark night—it was not eight o'clock—I should say it was about seven—I have seen the prisoner since that time, in the yard at Bow-street—the more the man said "Scotty, I know you," the more he was beaten by the prisoner's friends—I should say he said twice, "Scotty,—for G—'s sake don't murder me"—I went into the yard at Bow-street, where the witnesses were, not in the lock-up—I was walking about there—an officer asked me to go—I do not know his name.
REUBEN WARREN . I am master of the Waterman steam-packet, and live at Woolwich. On the 26th of October I was lying off alongside the pier at the Adelphi, and saw the Bachelor steam-packet coming up, and the passengers land—after the greater part of the passengers had come out, I observed a disturbance on the pier—I went forward, and heard somebody say, "I do not want any of this, Sootty"—the man was instantly knocked down, and kicked after he was down—a cry of "Murder" was raised—the man was surrounded, kept there, and ill-used for about five minutes—there was a cry of "Murder" and "Police," and we all made a party, and went on the pier, and then they all ran away—I thought the man was left there for dead.
JAMES TIDMARSH (police-constable M 51.) I received instruction to apprehend a person called Scotty—I knew who to look for by that name, and apprehended the prisoner on Monday, the 1st of November, about nine o'clock in the evening, at the George public-house, St. George's Market, in the Borough—I told him I wanted him for a lock job at first—I after-wards told him I wanted him for robbing a person named Drake, and ill-using him—he said, "I know nothing about it"—in going down to the station, be said he did not expect this from them persons—I have produced the Macintosh—I got it on the 1st of November, from a constable of the E division—I do not think he is here.
Cross-examined. Q. Were you examined before the Magistrate? A. I was not.
(Witnesses for the Defence.)
THOMAS SMALLWOOD . I am a law-stationer, and live in Denzile-street, Lincoln's-innfields. I was on board the Bachelor on Tuesday, the 26th of October, coming up from the fight at Gravesend, in company with two other persons—I did not belong to Banks's party, or the prisoner's—on arriving half-way between Gray's and Blackwall, I saw Lynch strike the prisoner in the mouth—the prosecutor and his brother were on deck at the time, and saw it—I swear that distinctly—the prisoner pulled a white cambric handkerchief from his pocket—he did not return the blow—I know the prosecutor quite well, and know Lynch to be his intimate friend—Pitman
is also an intimate friend of his, and was of Banks's party—I said some-thing to Pitman, which I do not think the prosecutor heard, but he heard Pitman's answer to me, which was, that he did not care for Scotty, mean-ing the prisoner, or any of his mob; their mob was a great deal stronger than his, and he would lick the lot of them, if not on board, they would ashore—I saw Jerry there—he is also a friend of the prosecutor—in con-sequence of what I said, Jerry. jumped off the paddle-box, and said, "I will fight the whole of them"—the captain said, if they did not desist from fighting, he would drift the boat on shore, and they might all be drowned—I saw the prosecutor selling some brandy out of a flask all day—I bought some of it myself—it was a dark-green bottle, in wicker-work—the prosecutor told me, on my applying for some brandy out of it, that it was taken for Carter, who was the unsuccessful man in the fight—I left the boat at Black wall.
MR. DOANE. Q. Do you keep an establishment as a law-stationer? A. I keep an office, no shop, at No. 2, Denzile-street—I have lived there about seven months—I am in business on my own account—I have three clerks at present—my name is up as a law-stationer—I know Jem Burnt, a friend of the prosecutor's, and Banks—I have seen him at Banks's house—I sometimes go to the "Ladies' Harmonious Club" there—they let me in—I have been a law stationer a year and a half—before that I was an attorney's clerk—I was never a tailor—I did not hear Lynch accuse the prisoner of picking his pocket—he made no accusation to him when he struck him—he did not say some of the swell mob were attempting to rob him—I was smoking and drinking there, and during that time there was no accusation except in the way chaffing—I will swear he made no accusation—nobody struck Lynch while I was on board—I remonstrated with Pit-man on the impropriety of Lynch striking the prisoner, and Pitman remarked about his party being stronger than the other—I have known the prisoner about two years—I have only an occasional acquaintance with him.
MR. PAYNE. Q. What is Lynch? A. I do not know—they tell me he is a wood-cutter—he lives in St. Giles's—I have seen it written up in the Rookery—he is in the same line of business as the prosecutor—a wood-chopper —the prosecutor sells halfpenny bundles of wood—he has people there chopping wood and tying it up in bundles.
THOMAS HARRISON . I am a surveyor and accountant, and live at No. 105, Star-street, Edge ware-road. I was on board the Bachelor on the day of the fight in company with Smallwood and a friend of mine named Floyd—I also met a gentleman I know named Cousins—I was on hoard from Gray's to Blackwall—the boat did not go to Gravesend at all—I saw a person strike the prisoner—I think I should know the person again—(looking at Lynch)—I would not swear to him, but I think he is the person—I do not know the prisoner, I never saw him before, nor Banks, nor Drake—I do not know whether the prosecutor was on deck at the time the man struck the prisoner, I could not distinguish—I went with the boat to the Adelphi Pier—there was a great rush to get on shore—I did not see the prisoner leave the boat—I saw him pass me, as I was compelled to push my way through the crowd—there were from twelve to thirty people quarrelling and fighting—I should say they were all drunk going down and coming back—there were provisions on board—the prisoner passed me at the Adelphi Pier, and two or three people with him—Cousins, Floyd, and I came up the steps to George-street
together—the prisoner and the persons with him were a couple of yards I before us—I went away from the place as well as I could—the pier leads into George-street—I saw the last prisoner in the Strand—he was going towards Charing-cross—I went towards King William-street—I saw the prisoner twice—the last time he was about fifty yards from the court leading into the Strand, and I suppose three hundred yards from the pier—that was I suppose about a quarter of an hour after the first time I saw him—when I saw him first was just as I got into George-street, out of the boat—I lost sight of him—he went towards Charing-cross.
JAMES COUSINS . I am a broker and appraiser, and live at No. 16, Castle-street, Long-acre. I was in company with Mr. Harrison on this occasion—I saw the prisoner at the Adelphi Pier when the boat arrived—he went up George-street just before me and Mr. Harrison—I lost sight of him in the Strand, about five or six minutes after leaving the boat—I saw him two or three times before we got into the Strand.
Q. Was there time for him to have got back, had a fight, and committed a robbery, between your seeing him first and last? A. I should say not.
COURT. Q. Did you hear the disturbance? A. There was a disturbance, and I got through as well as I could—I did not hear a shouting of "Murder"—I was not present when that occurred.
MR. DOANE. Q. Were you with your friend Harrison all the time? A. Very nearly—we were together for two hours after we landed—I am a Furniture-broker, and have lived where I now do fourteen or fifteen years—I have never been absent any part of that time—I was never charged with any offence—I was never taken up charged with having committed felony at a fire—that I swear.
MR. PAYNE. Q. Is there any foundation for that at all? A. Not at all.
COURT. Q. Have you known the prisoner before? A. I have seen him occasionally at sporting-houses, Jolly Allen's, Jem Burns, and Tom Spring's, not at Banks's—I have known him four or five months.
JOHN FLOYD . I am a portmanteau-maker, and live in Wild-street, Drury lane. I was on board the Bachelor steamer on the day in question and saw the prisoner—I believe I saw him after I left the boat, in George street, with another person—I imagine he walked before me a short distance, and likewise passed me in the Strand—I and a gentleman went and called a cab out of King William-street—the prisoner was going towards Temple-bar—I was going that way—I was in King William-street—that is a little nearer to Charing-cross than George-street—I did not hear a cry of "Murder," or "Police," or "Scotty," on the pier—I was in company with Harrison.
RICHARD HUGGARD . I am a house and estate agent, and live at No, 58, Marchmont-street, Brunswick-square;—my offices are in Mitre-court, Fleet-street. I was in company with the prisoner on the day in question—I left the boat at the Adelphi Pier with him—he went with me from the steam-boat—I took him away because there was a general fight ensued at the pier—I saw him from the time he left the boat, and went with him to a public-house, No. 45, Strand—I was in his company, for about half-an-hour after he left the steam-boat.
Q. From the time he left the boat with you till you left him did he interfere with the prosecutor or strike him at all? A. No, he did not—his mouth was bleeding at the time, and he had a white handkerchief
smothered with blood—I gave him my card to take out a warrant against the party who struck him—he did not strike the prosecutor, or interfere with him on the pier at all—I did not see him do so—I must have seen if he had—seven or eight of us went to the public-house—I went on shore with him from the steam-boat with all the rest of them—they all rushed—he did not strike the prosecutor there, or any person.
MR. DOANE. Q. You know the prisoner very well? A. No, I never saw him in my life before that day—I took him away from the general fight because his mouth was bleeding—he had been very much ill-used on board the steam-boat—I did not take him away from the general fight—he went away—I persuaded him if he stopped there he might get worse served—there were several more there—I did not hear "Murder" called, nor "Police"—I did not hear the man say, "I know you, Scotty"—I did not hear the word "Scotty" that day—if that had been called out during the general fight, while the prisoner was there, I think I must have heard it—six or seven of us went away in company together; I, the prisoner, and four or five others—we all walked together up George-street and into the Strand, till we reached the public-house, which is towards Temple-bar—it is three or four doors from the little court which goes up the steps—I walked to the public-house—I have been a house-agent two years—I was with two friends on board—one was named Martindale, and the other Sergeant Leslie, who was out in Portugal—they had nothing to do with it—I did not know the prisoner or the other party.
GUILTY .† Aged 22.— Confined One Year.
211. WILLIAM BOND and MAURICE SHEEDY were indicted for stealing, on the 16th of November, 448lbs. weight of rope, value 40s., the goods of George Bishop.—2nd COUNT, stating them to be the goods of the St. Kathreine's Dock Company.
MR. CLARKSON conducted the Prosecution.
WILLIAM BUND PRICE . I am master of the barque Thomas Laurie, which, in September last, laid in St. Katherine's Dock, and had brought home some bales of wool, secured with ropes of hemp round them—we call them bands—the wool was landed on the 14th of November—the bands of hemp were cut from the bales—some remained on board, and some on the quay of the dock—they were the property of George Bishop, the owner of the vessel—I had authority from him to dispose of them—on Monday, the 15th of November, about eleven o'clock in the morning, I was on board the vessel in the Dock—the whole of the rope was lying on the quarter-deck—the prisoner Bond came to me and asked if I would dispose of it—I said, "Yes," and asked what he would give me for it—he said 10s. a cwt.—I said he should have it at that price—I said he should have it weighed alongside the ship, and pay the money for it before it was taken out of the Docks—he said, "Very well"—he said he would come to-morrow morning and take it away, and pay me for it—we did not agree to any particular hour that he was to come, but he was not to have it unless I was present—he went away—I went on board between eleven and twelve next morning, and found the goods were gone—there was about 4cwt. of rope there the day before, it appears so since—he was not to have them away till they were weighed and paid for—I am certain that was the agreement—I never had dealings with him before—goods
cannot pass through the Docks without the signature to an order like this now produced—it must be signed by the master of the ship, or the chief officer during his absence—here is an imitation of my signature to this pass—it is not my writing—I know nothing of it, and was not aware that Bond had done it—when I found the goods gone, I went to the Dock-gate.
Cross-examined by MR. PAYNE. Q. Did you see the Bond again in the course of the day after making the bargain? A. No, I left the ship about an hour after making the bargain, and do not think I returned till the following morning—I am sure I did not see Bond that afternoon—I never sold bale-bands before—I left an apprentice and another boy in charge of the ship—Penn, the apprentice, was the principal person—I am quite sure I had no conversation with Bond that afternoon—I am not aware that I told him if he did not have the rope somebody else should—I cannot say I did not—I am so frequently down at the Docks, I will not swear I was not there in the afternoon, but I am certain I did not see him—there was not more than one conversation about the rope—I did not say any thing to him about what was to be done if I was not there when he came for it.
MR. CLARKSON. Q. Did you ever authorize him to take away the goods without the money being paid first? A. No.
WILLIAM HENRY PENN . I am apprentice to Mr. Bishop. On the 15th of November I saw Bond talking to the captain on the quarter-deck—on the following morning, between eight and nine o'clock, Bond came on board again—it was not usual for the captain to come so early in the morning—I asked Bond if he was going to take the rope away—I supposed he had authority to take it—he said he was come to take it—we threw it from the vessel on to the quay—Sheedy stood on the quay and assisted in loading it—I went down to my breakfast while this was going on, supposing it all right—when I came up I found the rope and the prisoners both gone—I made inquiry of King, a Custom-house officer, and then went out of the gate into the street after the prisoners—I found them drawing a truck along with the bands in it—I asked Bond if he was going to pay me the money—he said, "Oh, yes, I will be back again in five minutes"—the captain ha told me what the agreement was—I told him he knew the agreement between the captain and him—he said, "Oh, yes, he did"—I did not tell him what the agreement was—he said he was going to sell them first—they had never been weighed—I still permitted them to go—I afterwards told Captain Price what had happened—I knew it had not been paid for—I received no money for it—if I had known they meant to take it out of the gate, I should not have allowed it, because of the captain's orders.
Cross-examined by MR. PAYNE. Q. The captain did not tell you to take the money? A. No, he said they were to be weighed and paid for before they left the Docks—I was about half-an-hour at breakfast in the aft-deck, leaving the prisoners up stairs throwing out the things—I saw the things again when I went into the street—they were carried openly in the truck—I saw them again the same evening, and the prisoners too.
THOMAS KING . I am an officer of Customs. I was at the quay along-side the Thomas Laurie, about four o'clock in the afternoon of the 15th of November—while there, the prisoner Bond came to me and said he had bought some bands of the captain, and asked me if I would pass them—I said, "Not without the proper order"—he then left me, returned in about
two hours, and asked me if he got an order from the landing waiter, would that be sufficient—this was between two and four o'clock—I said I did not care where he got the order from so as he brought one—he afterwards brought Hosken, the landing-waiter, to me—Hosken asked me what quantity I thought there was there—I said I was no judge, I thought about 1 1/2 cwt. or 2cwt.—Hosken said, that coming from Sidney there was no duty on it, and not more than 1d. from any other place, and said I might let them go—I then said to Bond, "You may take it"—he said, "Very well, I won't take it tonight, I will come for it in the morning"—at nine o'clock next morning I was on the quay by the side of the vessel, Bond came and asked me to lend him pen, ink, and paper, which I did—he returned the pen and ink—he did not say what he wanted it for—I afterwards saw a quantity of bale-bands being thrown from the Laurie, and Sheedy putting them into the truck—they were taken away without being weighed—soon after, Penn came ashore to ask me if they had been weighed—I said not.
Cross-examined. Q. How many pairs of scales are there about there to be used? A. Several—there was no person belonging to the Dock to superintend the weighing in this case—it should be somebody from the ship—I had never seen Bond before.
RICHARD FINLEY HOSKEN . I am one of the officers of St. Katharine's Dock. On Monday afternoon, the 15th of November, a man came to me on the quay, about three hundred yards from the Laurie, and asked me to sign a pass for 2 cwt. of rope—it was merely for it to go duty free, not for delivery—I said it must be landed first, and I must see it—he said the tide-waiter, the officer on board, would not allow it to be landed without an order—I said he might land it as there was no duty on 2 cwt., and as far as we are concerned, he might land it—I walked with him down to King, and told him he might land it—next morning this pass was brought to me to sign for 2 cwt. of rope—I altered the figures into words at length—to the best of my knowledge it was Bond brought it to me, but I have not the least recollection of the person I saw the evening before—I believe it was Bond brought it—I wrote my name across it to signify there was no claim for duty.
Cross-examined. Q. Did you know Bond before? A. Never.
WILLIAM ANDREW HUNTER . I am a wharfinger in the employ of the Dock Company. On Tuesday morning, the 16th of November, between eight and nine, the prisoner Bond came to me with this pass—I observed to him that there was an inter lineation in it—he explained that it had been altered by Hosken—it is the rule of the dock not to allow any thing to pass the gate without the signature of the master or chief officer of the vessel—I had seen Bond two or three times before in the dock, but never on business—I found Hosken's name across the pass—I was in the act of delivering bullion from a vessel, and signed the order in pencil—I should not have signed it if I had not supposed it was the handwriting of the master of the vessel.
Cross-examined. Q. Is it the practice to have orders signed by the captain of the vessel? A. Unless it is the person in command—we do not know their signatures, but we take it for granted it is theirs—there are five wharfingers at the dock altogether.
MR. CLARKSON. Q. If he had business with any body in the dock, could he have it away, or must he have an order? A. The same order
exists all over the dock—I returned the pass to him after receiving it from him.
HENRY POPE . I am a constable and gate-keeper at St. Katharine's Dock. Between nine and ten o'clock in the morning of the 16th of November, the prisoners came to the principal entrance gate with a truck containing bundles of rope—Bond presented this pass—I examined it, and seeing it signed by the proper officers, and purporting to be signed by the captain, I allowed it to pass through, which I should not have done if I had considered it was not the signature of the captain—about twelve o'clock, Price came to me, and I showed him the pass—in consequence of what passed between us, as I saw Sheedy, some time after in the dock, I went to him, and said there was something wrong about the rope, and he had better see Mr. Taylor about it—immediately after, I met Mr. Taylor, who is the superintendent of the dock police—I told him this was one of the persons who took the rope out—Sheedy said he did not buy the rope himself, he merely assisted the other out with it—we went alongside the ship, and saw Price—I left Sheedy with Taylor while I went to the Brown Bear public-house, Smithfield—I there saw Bond—I told him there was something queer about the rope, and he must come to the dock with me—he said he should not go back to the dock, that he had bought a cwt. of rope of the captain, and the captain might come to him, and he would pay him, or he would come down about three o'clock to the captain—I said I was an officer, and if he did not go I should take him—he came with me—I directly after went to Sheedy's house, No. 5, Brown Bear-alley, East Smithfield—I found the rope there in the cellar—I brought it away—it weighed better than 4 cwt.
Cross-examined. Q. It would not be convenient to keep it in a room? A. No, there was nothing wrong in putting it in the cellar—I found Bond about one hundred and fifty yards from the dock-gate—I had no difficulty in finding him—Brown Bear-alley is close alongside the public-house—I believe I have seen Bond before in the dock, but I know nothing of him.
MR. CLARKSON. Q. What is the worth of the rope? A. 10s. a cwt.—it was about one o'clock in the afternoon when I found it in Sheedy's cellar—Bond had not told me where to find it, nor given me any information about it—I did not ask him where it was—Sheedy gave me his card, and told Taylor where Bond had caused the rope to be placed.
JOSEPH TAYLOR . I am superintendent of the police at the dock. Between twelve and one o'clock in the afternoon of the 16th of November, Sheedy was given into my custody by Pope—I sent Pope to look after Bond—he told Sheedy he was taken for taking a quantity of rope from the Thomas Laurie—he said he did not buy it, but assisted in taking it out of the dock in the truck—he said it was in his cellar, and gave me his card—I went and got it out, returned, and saw Bond—I told him he was taken for obtaining, under false pretences, a quantity of rope from the Thomas Laurie, without paying for it—he said he was willing to pay for it—I said he must satisfy the Magistrate of that, and he had got it by false means— he admitted having written the pass, by which means he got it out, and said he thought there was no harm in it.
Cross-examined. Q. I believe he said he intended to pay for it, and the captain might have the money now? A. Yes—29s. was taken from Bond at the office when he was searched on the Wednesday—he was remanded
on his own recognizance till the following day, Captain Price not appearing.
Bond. That same afternoon the captain told me to call next morning for the rope, and if he was not there to pay the lad for the rope—he says he never saw me that afternoon, and he did at half-past three.
W. B. PRICE re-examined. I did not see him or tell him he might pay the lad instead of me—I never authorized him to pay the lad.
(Bond received a good character.)
BOND— GUILTY . Aged 25.— Confined Six Months.
SHEEDY— NOT GUILTY .
NEW COURT.—Monday, December 6th, 1841.
Fifth Jury, before Mr. Common Sergeant.
GUILTY .— Confined Three Months.
213. GEORGE WILLIAM STANLEY was indicted for stealing, on the 25th of November, 1 printed book, value 2s., the goods of Mary Ann Stenson; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 37.— Confined Six Months.
GUILTY .— Confined Two Months.
GUILTY .* Aged 19.— Transported for Ten Years.
MARY POULSON . I am single, and lodge in Golden-square. On the 16th of October I met the prisoner near the United Service Club—he said, "How do you do?" and he represented himself to be Sir Thomas Murray—I took him home with me—I took two rings off, and put them on the table—I put them on my finger again—he took one off, and told me if I would come to the United Service Club he would make me a present of a 5l. note, and return me the ring—he took it off—I resisted it, but he would take it.
Cross-examined by MR. PHILLIPS. Q. Did you think he was Sir Thomas Murray? A. When he had a cloak on he appeared better than he does now—he did not take his cloak off—this happened at a lodging-house in Queen-street—I afterwards had a quarrel with him in the street, and gave him in charge—at the first interview I put on a satin-dress to please him—I lent him a book, which was of no value—it was left with
me by a friend about a month ago—there were pictures in it—he took the ring from my finger—I insisted he should not.
COURT. Q. After that did you meet him in Regent-street? A. Yes. I asked him to give me the ring, or the value of it—he told me to meet him at ten o'clock, and he would give me the ring and 2l.—he took the ring against my will—I went to the Club and found no such person there— when he got to the corner of the Club-house, he said his carriage was in St. James's square.
(The prisoner received a good character.)
GUILTY . Aged 32.— Confined Six Months.
WILLIAM STEVENS (police-constable D 82.) On the 23rd of November I found one of these pots in Alexander Smith's hat, and the other under Charlotte Smith's arm—they said they had got nothing—they were walking away from the prosecutor's, and about 150 yards from the house.
Alexander Smith. The night before I picked up two pots, and was going to the house. Witness. They had come by the house.
ALEXANDER SMITH— GUILTY . Aged 22. CHARLOTTE SMITH— GUILTY . Aged 32.
Recommended to mercy.— Confined Two Months.
MOSES SAMUELS . I live in Strutton-ground, Westminster. About eight o'clock in the evening of the 15th of November, I was in my shop, serving a customer—I turned, and saw the prisoner running away—I ran after him, and took these trowsers from his arms—they are mine.
Prisoner. I was not running. Witness.—You were running, and making the best of your way.
Prisoner. Q. How were they fastened? A. On a nail, and tied up with a string, which was broken.
Prisoners Defence. I wished to purchase a pair, he stated that I tore them down from his door; he took them out of my hand, he said I was so drunk he could make nothing of me, and after that he said I gave him impudence, and was going to slap his face; I looked at the trowsers—he took them down, and chucked them on the counter; he followed me half-way up the street with a policeman—the prosecutor had not the trowsers with him when I was taken.
ABRAHAM VINCENT re-examined. I took him about fifty yards from the prosecutor's house—the prosecutor had not the trowsers with him—he threw them back into the shop, and ran to stop the prisoner—he made
no representation that he wanted to buy them, till he got to the station, and there he stated he wanted to buy them—he had 1 1/2 d. on him.
(Witness for the Defence.)
—M'CAVE. I am the prisoner's father—he asked me to buy him some trowsers—I said, "Go in and look at them, I will come and pay for them"—he went in.
ABRAHAM WRIGHT (police-constable B 99.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)— the prisoner is the person; and he had been convicted before that.
GUILTY . Aged 30.— Transported for Fourteen Years.
ROBERT DANLY . I am a pauper in the Marylebone workhouse. On the 10th of November I lodged in a room with Bailey in George-street, Lisson-grove—about half-past nine o'clock on that morning I went with Bailey to the long-room at the workhouse for relief—Bailey then went into the yard and got on the wall—Gauntlett came and spoke to him—Bailey remained on the wall a quarter of an hour—I told him to come down—he said he would not, no one could see him—I then went and asked him again to come down—he did so, and had a pair of trowsers under his jacket—he told me that Gauntlett gave them to him—he went across into the men's yard, and put them on—he had not trowsers on when he went there—he did not get over the wall—they must have been given to him by some-body, as he never got off the wall—these are the trowsers—he showed me a pawn-ticket from Gideons's—it was like this one—I was admitted into the workhouse afterwards, and Bailey came in a quarter of an hour after me—Gauntlett came up to him and said, "If you have got the ticket, do away with it, there has been a row about it, and all the men know it"
ROBERT FORD . I am foreman of the tailors, in Marylebone workhouse. These trowsers belong to the Directors and Guardians of the poor of that parish—they had their buttons on them, but they have been cut off, and others put on.
BAILEY— GUILTY . Aged 19.— Confined Three Months.
GAUNTLETT— NOT GUILTY .
JAMES HIND . I am a carman, employed by Thomas Nicholls, and live in Goswell-mews, Goswell-road. About half-past six o'clock, on the 15th of November, I was in Church-lane, Whitechapel, with twenty bags of;
coffee, of various weights in a cart—the prisoner was brought to me—he had some coffee, which corresponds with the coffee in the bags—I found one of the bags was cut.
FRANCIS PICKWAY . I am watchman to the East and West India Docks. At a quarter past five o'clock in the evening I was going through Church-lane—my attention was attracted to three boys about a cart—the prisoner was engaged with his hand inside the cart, taking something out of a bag into his cap—I seized him—the other two ran away—he had his cap half full of coffee, which corresponds with what was in the bag.
GUILTY . Aged 15.—Recommended to mercy.— Confined Nine Days and Whipped.
221. THOMAS WEBB was indicted for stealing, on the 6th of November, 1 wooden tray, value 1s.; 11 muffins, value 6d.; 42 crumpets, value 1s. 1 cloth, value 9d.; 1 bell, value 1s.; and 1 yard of baize, value 9d.; the goods of William Metcalfe, his master.
WILLIAM METCALFE . I am a muffin and crumpet baker, living in Hoxton. The prisoner came on the 6th of November and wanted to know if I would employ him—I gave him the crumpets and muffins, and sent him out—I never saw him again, or the crumpets and muffins.
Prisoner. I—had them, but I sent the board, baize, and bell home by a boy.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Three Months.
THOMAS READE . I am servant to Charles Moss, of Old Ford, Essex. On Tuesday, the 24th of November, I met the prisoner's daughter, and went home to a lodging with her—I had a sovereign and six half-crown in a purse—I put it into my coat pocket—I spread the coat over me it the bed—after I had been in bed with the daughter, the prisoner came into the room, and laid down by the side of her daughter—I awoke about four o'clock in the morning—I saw the prisoner had got the skirt of the coat—the daughter pulled the coat from her, and asked her what she was doing rummaging the man's pocket—I took it from her, looked in the purse, and said I had been robbed—the daughter asked me what of—I said a sovereign and six half-cowns—the daughter said, "Mother, you must have the money, I know the man had money"—she said, "I have got no money, only one halfpenny"—I said I would send for a policeman—the daughter said, "Let us shake the straw, perhaps it may have fallen out"—I said, "It could not fall out of the purse"—the prisoner stooped down and picked up three half-crowns, which she offered to me—I said it was of no use without she gave me the other three and the sovereign—she stooped again and found another half-crown—I went down stairs, and after a little while they came down—I said they had better give me the money—the prisoner said she had only one shilling—the daughter said, "If you have, you must have robbed the man of it; I know you had no money last night"—I was quite sober.
Prisoner's Defence. I went with my daughter into Stratford; I was not very well; she left me; some strange gentleman came up and asked if I was in distress, and he gave me something which I thought was a shilling; I put it into my mouth, and never took it out till at the station; I did not know it was a sovereign.
GUILTY . Aged 51.— Confined Six Months.
HOWARD HALL . I am shopman to my brother, George Frederick Hall, a pawnbroker, in Norfolk-street, Middlesex Hospital. At half-past nine o'clock, on the 27th of November, I saw a pair of trowsers pulled down—I went out, and saw the prisoner going past the window, doubling up these trowsers—I took him—when I got to the door the trowsers were lying across the railing, and another boy went away, but the prisoner was the boy who was folding them up when he pasted the window the window was empty, as I was cleaning it.
Prisoner. I saw a boy take them down and throw them on the rails, and I showed him the boy, who was running away. Witness. When I laid hold of him he said something about another lad that lived in the Hampstead-road taking them—I swear I saw the prisoner rolling them up.
Prisoner's Defence. I was not with the other boy; I saw him take them and run away.
GUILTY .* Aged 14.— Transported for Seven Years.— Convict-Ship.
EDWARD TWYDELL . I live in Brunswick-street, Clerkenwell, at the house of the prisoner's father. I went to the station about two o'clock in the morning of the 30th of November—I was shown a key there—it was mine—I missed a sovereign from my box.
NOT GUILTY .
225. SOLOMAN LEVINE and EDWARD BEAMOND were indicted for feloniously receiving 6000 yards of calico, value 120l.; and 18 yards of canvas, value 1l.; the goods of Alexander Forbes and others, wellknowing the said goods to have been stolen; and that Beamond had been before convicted of felony.—2nd COUNT, stating them to be the goods of Thomas Hosie and others.—3rd COUNT, stating them to be the goods of George Langster and another.—4th COUNT, stating them to be the goods of William White and others.—Several other COUNT, stating them to be the goods of various other persons.
MESSRS. CLARKSON and BODKIN