CENTRAL CRIMINAL COURT.
SECOND SESSION, HELD DECEMBER 13TH, 1841.
MINUTES OF EVIDENCE,
Taken in Short-hand
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, December 13th, 1841, and following Days.
Before the Right Honourable JOHN PIRIE, LORD MAYOR of the City of London; Sir Edmund Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Patteson, Knt., one of the Justices of the Court of Queen's Bench; Sir Claudius Stephen Hunter, Bart.; Matthias Prime Lucas, Esq.; Sir Peter Laurie, Knt.; Charles Fare-brother, Esq.; Thomas Kelly, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Lainson, Esq.; John Humphrey, Esq.; and John Kinnersley Hooper, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; Her Majesty's Justices of Oyer and Tenniner, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
PIRIE, MAYOR. SECOND 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, December 13th, 1841.
First Jury, before Mr. Recorder.
SARAH SELSBY BRADLEY . I am a widow, and live in Redman's-row, Mile-end. On the 21st of November the prisoner Lee came to my shop and asked for half-an-ounce of "returns" tobacco—after he was served the prisoner Roberts came in and asked for half-an-ounce of "returns" as well—he was served—when he came in Lee said to him, "Captain Roberts, when did yon arrive?"—he said he arrived with the night-tide, or morning-tide, which he pleased to call it, and that his ship laid in St. Katharine's Docks—Lee said to Roberts,"—You are little aware who you are talking to; you are talking to Mr. Rolls's sister, the plumber, of Wapping" (I am sister to Mr. Rolls, the plumber, of Wapping)—Roberts passed round Lee, and came round to a wicket-door which I have to keep customers away—I pushed him back, and told him what he had to say, to say over the counter—Lee told me not to be alarmed, for Roberts wanted to leave his watch, and I need not be afraid, it was all right—I pushed him again, wishing him not to come in, but he insisted on leaving the watch, saying if it was 50l. he should not be afraid of leaving it with me; that he was going out on a spree, and did not wish to take such a valuable watch with him; he would not take 20l. for it—he then pulled his ring off his finger, left the ring and watch, and asked for two sovereigns on them—he did not say the watch was gold—he said he knew my brother very well, he had done his ship—his name was mentioned, and on that condition I lent him 2l. on account of my brother's name being mentioned—I believed that he knew my brother—did not look at the watch, to ascertain the value—Lee said there was a great deal of interest wanted among the captains, to get work now, and he seemed rather huff and cross at it—I considered he thought my brother would have the work of the ship—I gave Roberts a sovereign, a half-sovereign, and 10s. in silver—I have since delivered the watch and ring to the policeman—I had seen Lee before, but not for five or six
years—I knew him as a painter, but never knew his name—I had never seen Roberts before in my life—I did not see either of them again till they were at the Thames police-office on the Tuesday week afterwards—Lee first called Roberts "Captain Roberts," and then he said "Captain Robert Brown, when did you arrive?"—I am quite certain of both the prisoners—they were dressed more like gentlemen than they are now—Roberts looked like a captain.
Roberts. It was after I got the money that the conversation passed about your brother—I merely borrowed 2l. you, without any representation on my part—did I make any representation? A. Yes, you said you knew my brother, and he had done work for you—you said that before I lent you the money.
Lee. When Roberts came in he asked for tobacco, I looked up, and said, "Well, Captain, how are you?"—no name was mentioned till he was going out—he asked where the governor was, and I said, "There is no governor, this lady is the sister of Rolls, the plumber. Witness. He said nothing of the kind—he said I was Rolls, the plumber's sister—I parted with the money on the representation that Roberts knew my brother, who had done work for him.
ROBERT HORWOOD VALENTINE . I am inspector of the K division of police. I have a watch and ring which I received from the prosecutrix—it is a very inferior watch—it is metal, and will not go—the ring is not worth a penny—the watch and appendages are not worth 5s.
GEORGE WILLIAM GRAVE . I am a sergeant of the K division of police. I have examined the watch, and appendages, and ring—I have been connected with the watch-making business all my life—my father was a watch-maker forty-five years—the intrinsic value of the watch is not 6d., but as a toy it may be worth a crown—the case would take a little time to make, but it is of no value—the movements are worth nothing—the chain is of no value, only plated, and the seals are of no real value—they are got up by Jews to be sold.
Roberts. Q. How long have you been a watchmaker? A. Twenty-seven years—I did not serve my time to it—since I have been in the police I have had hundreds through my hands—I cannot say what the case would cost gilding—I am speaking of the intrinsic value of the movements—it is a mere toy.
Roberts. The gilding would cost 5s. the works are worth 10s., and the chain is German silver; any watchmaker would give different evidence.
Witness. I know it is of no use—the key will not wind it up—it has the appearance of a jewelled watch, but it is only the representation of a jewel, only a bit of glass—I know the difference between diamond and glass—I will swear it is not diamond—I will not swear it is glass.
THOMAS ROLLS . I am a plumber, and live at Wapping—Mrs. Bradley is my sister. I never saw Roberts, and never did work for him—I know no Captain Roberts—I have known Lee by sight some years, as a painter, but never knew him by name, till he was at the Thames Police Office.
Roberts's Defence. I said I would not lose it for 20l. I cannot rebut the evidence, as she swears she was represented to me as Rolls's sister, but it was after I got the money, just as I was going out.
MRS. BRADLEY re-examined. I should not have lent the money if he had not made use of those words, and Lee said so as well—he said my
brother did the work of his ship, and he knew my brother well—he had whiskers when he came to my shop, but now he has none.
Lee's Defence. I have no knowledge of the watch; they went into a private room when it was pawned, and as he came out she said, "What name shall I say?" I never said a word about the watch myself; I never saw it till I was at the Thames Police-office; I did not know he was going to leave it; I was talking to her some time before.
ROBERTS— GUILTY . Aged 67.— Confined Nine Months.
LEE— GUILTY . Aged 40.— Confined Six Months.
300. JOHN TOOMEY was again indicted for stealing, on the 1st of October, 7 quarts of soy, value 4l. 260lbs. weight of currants, value 8l.; 100lbs. weight of pepper, value 8l.; 200lbs. weight of sugar, value 7l.; 90lbs. weight of candy, value 4l.; 190lbs. weight of candied-peel, value 10l.; 100lbs. weight of treacle, value 1l. 14s. 571bs. weight of almonds, value 5l.; 14lbs. weight of figs, value 5s. 56lbs. weight of lozenges, value 4l.; 70lbs. weight of rice, value 9s.; 40lbs. weight of allspice, value 28s.; 30lbs. weight of ginger, value 3l. 19lbs. weight of plums, value 1l.; 22lbs. of carraway-comfits, value 1l.; 3lbs. weight of gum. value 3s.; 1 bottle, value 3s.; 19 cannisters, value 1l.; 4lbs. weight of nutmegs, value 30s.; and 3 weights, value 1l.; the goods of Edward Wilkins, his master.
MR. CLARKSON conducted the Prosecution.
EDWARD WILKINS . I am a wholesale confectioner, at 57, and 58, St. John-street. The prisoner was in my service ten weeks as porter, at the time he was apprehended—he had access to the stock mentioned in the indictment, and could have taken it—he had been in my employ about two years before, for three or four years—I had a very high opinion of him, and recommended him to the police force, where he obtained a situation—about nine o'clock in the evening, on the 3rd of December, I received a communication from Mr. Caulfield, my clerk—he showed me some currants in his apron—the prisoner was present—he cried, and said it was the first thing he had robbed me of, and he had merely taken them for a Christmas-pudding—I gave him into the custody of a policeman—I afterwards Went to the station—the policeman searched him again there, and found about half-a-pound more currants in his pocket—his premises were afterwards searched, and all the articles stated in the indictment were found, all of which I deal in—the currants were in a bag, with the mark of one of my country customers on it—I can undertake to say that bag had been in my possession—there was more currants in another bag, and the liquorice was in in a paper stamped—I know the lozenges and other things—they belong to me, as they are marked with our stamp—I believe all the articles found belong to me—my stock is considerable—I should not be able to miss the articles individually—I should miss them in the whole—my stock has certainly decreased beyond my sales—(property produced)—when the prisoner was at the station-house he said he lived at No. 3, Swan-alley—in consequence of that statement I accompanied the police-officer to No. 3, Swan-alley,
but no such person lived there—I returned to the prisoner and said, "You don't live at No. 3, Swan-alley, you had better tell us the truth" he then said he lived at No. 6, Swan-alley, in the middle room—I went to No. 6 about half-past ten o'clock—I found nothing belonging to me in the middle room—in consequence of inquiries I made there I searched the front room ground-floor, and all the articles enumerated were found in that room—we do not deal by retail—we deal in all the articles found, and I believe the whole of them to be mine.
Prisoner. It is quite a mistake about a false address, I told him No, 6, in the first instance, and I told him I let the middle room, but did not live in it. Witness.—I am not mistaken—he said he occupied the middle room.
WILLIAM CAULFIELD . I am the prosecutor's clerk. I remember the occasion in question which called my attention to the prisoner—I communicated what I saw to the prosecutor, and afterwards saw the property which was brought from the prisoner's premises—I was shown two bags—there was pimento or allspice in them then—I know this bag—it had been sent to a country customer and returned—it is my master's property—here is my master's stamp on this liquorice, which denotes that it was made at my master's premises—I know this tin—it is used to put goods in, and has a label on it, printed purposely for us—there is nothing in the tins—they usually contain acidulated drops—we found no acidulated drops—the other articles are such as Mr. Wilkins deals in—nothing but the liquorice bears the stamp—we have a great quantity of the tins—here is another bag similar to the one sent to the country customer, and returned, which belongs to my master—the prisoner was never authorised to take any of these things away, nor the bags.
COURT. Q. How would the bags be sent back to you from the country? A. By the same conveyance as they went, and be brought from the wharf by porters—our porter would not go for them, nor take the goods out.
Prisoner. Q. Have you ever sold any of that juice? A. Of course we have sold some, but we do not perhaps send out 25lbs. in twelve months—our dealings are very large—our returns are from 40,000l. to 50,000l. a year—I cannot undertake to swear the juice was never sold—we never sell by the stick, nor do I believe we ever sold 2lbs. at a time.
JURY. Q. Did you have these lozenges during the ten weeks the prisoner was with you? A. Yes, and the acidulated drops, and all the other articles—I have no question but that he took these goods oat early in the morning, from the time he came in until breakfast-time, and at shutting-up time—he shut up the premises in the evening—he would have opportunities of taking the goods, packing them up, and taking them out.
COURT. Q. What was his duty as porter if he did not carry out goods? A. Cleaning up the warehouse, and helping in the manufactory—he took goods out sometimes, but since he has been back this time he did not take out many goods—we send out four or five cart-loads of goods in a day—Mr. Wilkins lives at No. 57—the prisoner would have access to Nos. 57 and 58 also—he was not left quite alone in charge of the premises of a morning, but he might be an hour or an hour and a half at No. 58 alone in the morning—his lodging was about two hundred yards from the premises—I can say that these particular sacks were in our possession within the ten weeks.
these articles to the prisoner—the allspice has not been sold at all—it is an odd weight—we sell 28lbs. or 56lbs. —they have not been sold, or I should not have found them in his place—I know them by the bags, and the papers are marked—I do not swear to the currants, but they were found in a bag of mine—we keep them in barrels and in bags—we occasionally send out the bags to customers—we have missed property of this description from our stock, but I was not aware so large a quantity was gone—they weigh in all 3cwts. and a half.
WILLIAM JOHN CLARK . I am in the prosecutor's service. I marked one of the bags produced previous to its going to the country customer about six months ago—it came back about the 1st of September—I have seen it on the premises after the prisoner came back—he came back in September—I can undertake to say the bag was on the premises after that.
Cross-examined by MR. PHILLIPS. Q. How did you take such notice of the bag? A. I mark very few bags myself, but being very busy I marked that previous to its going into the country—it is marked "S. A."—I swear I printed that myself—I have not marked twenty bags.
COURT. Q. Do you recollect the fact of doing it? A. Yes, as well as knowing my own writing—I marked it for Mr. Scott, of Ashford, Kent.
JOHN WATTS . I am a policeman. I was sent for by the prosecutor—I was present when the prisoner first gave his address, No. 3, Swan-alley—I am certain of that—in consequence of what he said I went with his master to No. 3, and found he did not live there—I made further inquiry, and in about three hours returned to the station—I said nothing myself about the address he had given, nor did the prosecutor in my presence—I afterwards went with the prosecutor to No. 6, and in the front-room ground-floor found the articles produced.
CATHERINE FIELD . I live at No. 6, Swan-alley, St. John-street—the prisoner occupied the parlour, which is the front-room ground-floor, with his wife and family—that is the room the things were found in.
(—Taylor, Surgeon, Vine-street, Hatton-garden, deposed to the prisoner's good character.)
GUILTY . Aged 35.— Transported for Seven Years.
GUILTY . Aged 33.—Recommended to mercy.— Confined Three Months.
ELIZA SLIGHT . I am in the service of Mr. Matthew Ledger, of Hackney; he dealt with Mr. Seller for bread, which the prisoner brought On the 20th of November I paid him, on his master's account, 13s. 5 1/2 d. for three weeks' bread—he gave me a receipt, which I have.
Cross-examined by MR. PHILLIPS. Q. Has he signed your book? A. Yes, "Settled, E. Tuck."—the whole of the book is his writing.
SAMUEL NORMAN SELLER . The prisoner was in my employ, to carry out bread and receive money—he never accounted to me for 13s. 5 1/2 d. from Mr. Ledger—he should pay me the same night, when I go over the books with him—I give him a bill when he takes bread out—I have an entry of 13s. 5 1/4 d. in my ledger as due—I have not got it with me—this is a sort
of pass-book between me and the customer—he has not accounted to me for any money received at that time, nor any thing on their account—he has never brought me any money from Mr. Ledger since July.
Cross-examined. Q. Does your wife sometimes receive money? A. Yes—she is not here—she very rarely receives money—she has not done so on this account—if she had I should not have the bills to bring forward—this is the pass-book between the prisoner and the customer—the prisoner did not introduce me to his former customers—I did not, that I am aware of, serve any customers that were formerly served by him—he formerly carried on business about a hundred yards from me—I may have had customers who dealt with him, but not through his influence—the business I took had been much neglected in consequence of the person I took it from failing—I have got the custom back through my own trial, assisted by the prisoner—no one received money besides me and my wife—the prisoner had 12s. a week at first, and at the time of this charge he had 14s. if I had my book here I could tell how much he paid me on the 20th of November—I did not discover any thing wrong till last Wednesday week—I cannot tell whether my wife or I accounted with him on the 20th of November—she rarely did so, except I was in town—I was not absent above once or twice a month—I cannot swear he did not account with my wife on the 20th of November.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
JAMES PETO . I occupy a farm at Heston. One Friday, in August last, the prisoner was in my service, harvesting—he had been reaping corn for me, and had not done it to my satisfaction—I told him I wished him to alter it, and do it in a workman-like manner—he said, if there was any alteration required, I might do it myself—I told him I should not pay him until he had done it—he was at work with another man, his father-in-law—I then went into my house—this was about two o'clock—about nine, he came to the house, accompanied by his fellow-workman—I said I should not pay him till it was altered—he said he should not leave the house till he was paid—I went in, leaving him there, and closed the door—shortly after he rapped very violently at the door—I went out, and found him at the door, with his companion—I told him it was no use his stopping there, for I should not pay him till I saw his work done properly; if he would meet me in the field at five o'clock in the morning, if the work was then properly done, I would pay him for it—his companion heard what I said to him, seemed perfectly satisfied, and was going away—on his being about to go, the prisoner used some very bad language, and said he was a fool for leaving; he was not to be afraid of that fellow—he did not appear in the least intoxicated—his partner left, leaving him alone, and then he followed him—there is a gate before you get off my premises after leaving the door—when he used the bad language going out, I asked him what he meant, and followed him to the gate, and at the gate he said he would knock my b—brains out—he had a hoe in his hand, and swung it over my head at the time he used the expression—I had not offered any violence to him, or attempted to strike him—I did not observe any reaping-hook at
the time, if lie had one—he did not strike me with the hoe—I went up to him to take the hoe from him—Mr. De Carr, a friend of mine, who was there, came and drew the hoe from both of us—I was struggling for the hoe, and closed with him, in my own defence—I was within two yards of him when he swung it over my head—I merely went up to get the hoe, to protect myself, to prevent his injuring me—while we were struggling for the hoe, Mr. De Carr took it from us, and the prisoner then struck me with the reaping-hook—I felt a blow on my leg—I had not noticed the hook—I am quite certain I felt the blow on the leg before I fell down—I felt a sort of numbness in my leg, but did not know the nature of the wound—the blow did not cause me to fall—after the hoe was drawn from him, in the struggle, we fell together—the struggle continued after the hoe was taken, and I fell in the course of the struggle—it might be two minutes, or one minute, between my receiving the blow and falling—we had a pretty smart struggle after I received the blow—it was while the struggle was going on that he struck me with the hook—I did not see him strike me, or see the instrument he struck with at the moment—when I fell, I put my hand down, and felt the blood—the injury was two or three inches below the knee, in the upper part of my calf—I was wearing thin summer clothes—I am certain I did not receive the injury in falling, nor after I had fallen, but, in my judgment, a minute or two before—when I observed the nature of the injury, I turned round, and said to the prisoner, "You rascal, you have cut my leg, the blood is running"—he said, "Oh, no, it is not blood, it is mud"—it was not muddy or dirty where I fell—the blood was plainly to be seen—we had a light, which was brought up—I had got up when this conversation happened—Mr. De Carr put me into a chaise, and took me to a surgeon—the prisoner went away, and I passed him on the road—I met a policeman, and told him to take him into custody, but he was not taken till next morning—I am confident the cut did not happen accidentally in the scuffle, from the manner in which he spoke to roe before, and the way he threatened—the hoe being taken from his right hand, he had the hook in his left—after the hoe was taken from him I endeavoured to throw him down, to extricate myself from him—it could not have happened in struggling—I cannot say where his hands were in the scuffle—I have been totally unable to go about since—Mr. Emmett has been attending me.
Prisoner. Q. Did not you agree to give me 10s. per acre for the com? A. To the best of my recollection that was the agreement—I came to you every day—I found fault with you the last day—I am not aware that I struck you twice on the cheek-bone when you were down, and I on the top of you—you were down, and I on the top of you—I did not take hold of your left arm and left leg, and throw you into a ditch—you would not get up, and I lifted you up—when I got off of you I said my leg was cut—that was the first time I noticed it—I did not see your jacket all over mud.
MR. CLARKSON. Q. Did you feel the numbness before you arose and found yourself cut? A. Yes, it immediately followed the blow I received—it was on the part which afterwards turned out to be cut.
COURT. Q. When you lifted him off the ground, where was the reaping-hook? A. I believe, after he cut me, he threw it away—I did not see it when he arose from the ground—I received the blow about two minutes after the scuffle began—I do not think the blow could have been inflicted by accident during the scuffle, he having the hook in his hand—I do not
think it could have pricked my leg without a blow being made at me, from the nature of the wound—the wound was in the back part of my left leg—I cannot tell which leg was foremost in the scuffle—I never saw the reaping-hook myself—I cannot say who picked it up after the scuffle.
Prisoner. Q. Did not you come up to me in the king's highway, in a fighting attitude? A. I came to the gate, I am not aware I was in a fighting attitude? I did not come out of my premises till after you struck at me.
Prisoner. He followed me between twenty and thirty yards away from his premises, I walking backwards, trying to get away from him, and he would not let me, but closed me in by my bosom; the reaping-hook was in this hand; we both fell down, I undermost; he gave me two slaps on the cheek, then took and threw me down into the ditch; I was all over mud. Witness. I did not follow him off my premises, nor till after he struck at me—when he walked from the door to the gate he used very abusive language—I followed him about four yards—he had got through the gate—I was between the posts in the gateway, leaning against the posts, when he struck at me—I closed on him the moment he struck at me.
MR. CLARKSON. Q. Up to the time he struck at you with the hoe, had you offered any violence to him? A. Not the slightest, nor endeavoured to seize him.
EDWARD DE CARR . I am a friend of Mr. Peto's. I was at his farm at Heston on the 27th of August—I was at supper when Mr. Peto came in—after he was in doors there was a knocking, and he went out again—I heard some words at the doorway and went out—I found the prisoner and Henry Andrews there asking for money—Mr. Peto said he would pay them in the morning, after he had seen the work done properly, not before—the prisoner said he would be d—if he would not have the money that night before he quitted the premises—he placed himself by the water-tub opposite the kitchen-door—the other man seemed to be contented, and was going away—the prisoner used some abusive language to him, which I did not exactly hear, and when he was against the gate he called Mr. Peto a b—s—thief—Mr. Peto said, "What is that you say, you rascal?" and went towards the gate—I could not see whether the prisoner had any thing in his hand at the time, as it was dark—I heard him threaten to knock Mr. Peto's brains out—Mr. Peto went up to him, they struggled, I went up and took the hoe from the prisoner's hand, and threw it in the road—in about half a minute Mr. Peto fell on the ground—when he arose he said to the prisoner, "You villain, you have cut my leg"—I saw no instrument till after they got up—I then saw a reaping-hook lying on the ground, very near to where they had been struggling, and where they fell—it was not so near that they might have fallen on it—it was out of reach of where they fell—I put Mr. Peto into a chaise and took him to have medical advice.
Prisoner. Q. Was the hook bound up, or naked? A. Bound with straw—I did not see Mr. Peto strike you on the cheek, nor put you in the ditch by the side of the road—the point of the reaping-hook was not covered—I did not see whether you carried it before the struggle took place.
JAMES KING . I am in Mr. Peto's service. On the night in question, hearing a bother outside the door, I went out, and saw the prisoner by the side of Mr. Peto, with a hoe in his hand, holding it up, threatening to knock Mr. Peto's brains out—I did not observe Mr. Peto struggle to get
it—I saw Mr. De Carr take it from him, and after that Mr. Peto fell—he endeavoured to get up, and said to the prisoner, "You rascal, you have cut my leg"—up to that time I had not seen the reping-hook, but I then saw it down by the side of the prisoner in the road, by the side of the spot where the prisoner had been lying—I did not see him drop it—he picked it up, and carried it away with him.
Prisoner. Q. Did not you see him strike me? A. No, nor heave you into the ditch.
REUBEN HALL . In consequence of information I received on Friday night, the 27th of August, I went in search of the prisoner—I was not able to find him that night, but found him, about nine o'clock next morning, at the King and Queen beer-shop at Heston, on the Bath road, about a mile from Mr. Peto's—I asked him if he had not been working for Mr. Peto the last few days—he said, "Yes"—I asked if he had not had a bit of a tustle with him over night—he said he had—I asked him if he did not give him a chop with a reaping-hook—he said, "No, I gave him a chop with this hoe"—(he had a hoe in his hand)—and he said, "It served him right"—he did not say why—I told him he must consider himself a prisoner—I took him hoe" to Mr. Peto's—on our way to the station he said he did not cut him with the reaping-hook, but gave him a chop with the hoe, and he was very glad of it, for he would have to suffer as well as him—I said, "You would not mind whose life you took away then, so that you had your revenge"—he said he should not mind being hung for it, and he was sorry he had not cut his head in two—I am sure he said that—I produce the hoe.
Prisoner. This man swears falsely; he would swear my life away; he never asked me a question about the reaping-hook or hoe. Witness. Yes, I did.
CHRISTOPHER BROWN EMMETT . I am a surgeon, in partnership with Mr. Frogley—the prosecutor was brought to our surgery on Friday the 27th of August, shortly after nine o'clock—he had a wound on the back, and upper part of the left leg, below the knee, transverse, across the leg—it was not a circular cut, but a flat cut, and very deep, about two inches deep in one point, but not in all—that irregularity of depth was not caused by the roundness of the leg—it was deeper in one point than you would expect from that—the deepest part was on the inside—it was not a wound which, in my judgment, would be caused by drawing such an instrument as a reaping-hook across—I should think it more like a wound done with force—it might have arisen from a fall on a reaping-hook, if he had fallen directly on it—the first sensation, upon receiving a blow with a reaping-hook, would be numbness, from the violence of the blow—it is very probable that such a wound may be received, and numbness follow, and the party not be aware at the moment of his being cut—nothing is more common, and probably he would not for a moment or two be sensible of any violent pain—I have had some experience in such wounds—the cut divided the muscular fibre of the calf of the leg, and the integuments between the muscle and the skin, and the fascia underneath the muscle, so as to get very deep into the fleshy part, especially in the one part I have alluded to—it was certainly a wound calculated to inflict grievous bodily harm, and to maim the party receiving it—Mr. Peto has never been able to use that leg since, except with crutches—I believe he now bears a little on the toe of that leg, but it is quite as much as he does—up to within a few days of this inquiry his life has been in imminent danger, from the
time the wound was inflicted—it is only within the last week or ten days that he has been at all out of danger—I do not suppose this hoe could produce the wound, and for this reason, that, with that depth of wound, the external wound would have been larger when a wound is received in a fleshy part, especially in the calf of the leg, it gapes—I should say it is impossible this hoe could have done it—it was a more penetrating wound, especially in one point—more of a stab than a cut across—if it had been done with the point of this hoe, the external wound must have been much larger to penetrate two inches, because, to get the hoe in that depth, the surface would have been much broader than it was—it was certainly such a wound as might have been received from the point of a reaping-hook; and, from the testimony I have heard, I believe that was the instrument with which the wound was inflicted.
Prisoner to MR. PETO. Q. You paid Henry Andrews his 11s.? A. Yes, I paid him his part—I have not paid you yet—I paid you as you wanted money.
Prisoner's Defence. Mr. Peto was at me every day because I would not do day-work for him, which I was not obliged to do—he refused me my money, which was the only reason of this; but now he makes excuses that it was because the sheaves were left—he was more in fault than I was—the money was due—we worked seventeen hours and a half per day for it, and it was but 4s. 6d.—a day—when the work was done the money was due—the work was done correctly—all he was angry about, was because we would not do day-work for him—we never worked for him but those three days, and we were not obliged to do day-work for him—he never found fault with our work, but he came back in about a quarter of an hour, and said he would not pay us, because there were two or three sheaves left together, which ought not to be, but it was of no consequence—this would never have happened if he had paid us our wages—we waited seven hours and a half after the work was done, and it was half-past eight when this disturbance took place—I had a wife and child at home, and had only left 2s. at home—I wanted my money to take home—if the two or three sheaves were not right, why not have stopped 1s. it would not have taken any one five minutes to have altered them, but the work was done properly—I never struck him at all, I will be on ray oath—he hit me twice in the jaw, and threw me into the ditch.
GUILTY of an Assault. Aged 30.— Confined Eighteen Months.
NEW COURT.—Monday, December 13th, 1841.
Fourth Jury, before Mr. Common Sergeant.
GUILTY . Aged 30.— Confined Three Months.
GUILTY . Aged 18.— Confined Three Months.
306. ANTONIO BRONINGS was indicted for stealing, on the 5th of December, 1 shirt, value 2s. 6d., the goods of John Angus M'Donald; and 1 shirt, value 2s. 6d., the goods of Samuel Smith, in a vessel in a port of entry and discharge; to which he pleaded
GUILTY . Aged 22.— Confined Four Months.
307. ROBERT ROCHESTER was indicted for stealing, on the 3rd of December, 9oz. weight of bread, value 1 1/2 d.; 2oz. weight of mutton, value 1 1/2 d; 1oz. weight of pork, value 1d.; 1lb. 6oz. weight of sugar, value 1s.; 7oz. weight of tea, value 2s.; and 1 mug, value 1s.; the goods of Johanna Josephine M'Farlane.
JOHANNA JOSEPHINE M'FARLANE . I keep a lodging-house in Craven-street—the prisoner was my servant. On the 3rd of December I missed some tea, sugar, bread, and meat—the prisoner was brought to me by a policeman, with a jug containing meat and bread—the policeman asked me if it was my jug—I said, "Yes"—he asked if the bread and meat were mine—I said, "Yes, no doubt it is"—I had long suspected the prisoner, and had accused him of taking tea, sugar, and bread—I had missed articles of this description—the prisoner was then taken to Bow-street, and a key found on him—he was not present when a box was opened with that key—the officer returned to the house and opened the prisoner's box with that key—a bag of tea and sugar was found in it—it corresponded with what I had, and what I had missed—the jug is mine.
JOHN BRADDICK (police-sergeant F 10.) I thought it necessary to watch the prisoner on the 3rd of December—I saw him at half-past ten o'clock at night—he had this jug, and this bread and meat in it—I saw a woman whom I have seen him meet before—he did not meet her that night—he returned, and took him with these things—I asked who the woman was who was generally waiting for him—he said, "My aunt, she washes for me"—I took him, and saw his mistress—I took him to Bow-street, and found eight lumps of sugar, and this key on him, which he said was the key of his box—I opened the box and found this tea and sugar in the box, and the sugar found on him exactly corresponds with the sugar found in his box.
Prisoner's Defence. I am innocent of the tea and sugar; the bread I took to give my aunt, who is a poor widow—I only gave it to her once before—I used to find my own tea and sugar.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Six Months.
SAMUEL BELCHER . I am a linen-draper, and live on High Holborn. At a quarter to three o'clock in the afternoon of the, 8th of December the prisoners came to my shop together, and asked to look at some shawls—I directed my son to show them some—after looking at several they were leaving, and said they did not see one to suit them—I suspected that Clark had something under her shawl—I followed her about fifty yards and stopped her—they were not together then, Murray was behind—they had both left the shop together—I lifted up Clark's shawl and saw this printed cotton—she pointed
to Murray and said, "That is the girl that gave it to me"—Murray heard that, and ran away—I took Clark, and pursued Murray, and cried, "Stop thief"—she was stopped at the corner of Featherstone-buildings—I had seen this print in the shop not two minutes before—I moved it off the counter when they came in.
CLARK— GUILTY . Aged 14.—Recommended to mercy by the Prosecutor.
Confined Two Months.
MURRAY— NOT GUILTY .
THOMAS WILLIAM BIGG . I am a tailor, and live in Duke-street, Smithfield. I had some cloth on the counter in my shop on the 7th of December—I was out myself at the time it was taken, but I missed it in the evening—this now produced is the cloth—it has my mark on it.
HENRY JORDAN . I am in the prosecutor's employ. On the 7th of December, about a quarter-past five o'clock, I was at work in the back of the shop, and heard something slide along the counter—I lifted up my head and saw the prisoner putting a roll of cloth under her cloak—I hallooed out—she ran out, I followed her and stopped her—she let this cloth fall on the ground—I am sure the prisoner dropped the cloth—I had not lost sight of her—a man picked it up and brought it into the shop—it is my master's, and the one I had seen safe in the shop about ten minutes before.
Prisoner. You never spoke to me till you asked what I had got under my cloak. Witness. Yes, I asked you what you were doing in the shop.
Prisoner. This gentleman came by and asked the prosecutor what I had taken—he said he did not know, and then this man picked up the cloth which laid down by me—he did not see me drop it.
Prisoner. A man ran quickly past me, and I heard something drop at my feet—I looked, and there rested this piece of cloth—the officer came up and the other man, and as I moved away the cloth fell from my leg on the ground.
GUILTY .* Aged 22. Transported for Seven Years.
GUILTY . Aged 35.— Confined Three Months.
GUILTY . Aged 30.— Confined Two Years.
ANN PARKINSON . I live with Mr. James O'Neill, who keeps a chandler's shop in Great Wild-street, Lincoln's-inn-fields—he sells bread. On the 8th of December, about five or six o'clock, I was in the parlour behind the shop, and heard a noise—I came out and saw the prisoner take a 2lb. loaf off the bread-shelf in the shop—I am quite sure she is the person—she went out, and I ran after her, but could not catch her—I had seen her in the shop before and knew her by sight—I am quite sure she is the person—I saw her again the next morning and gave her into custody.
EMILY BRYAN . I am the wife of Edward Bryan, of Orange-court. I was in Mr. O'Neill's shop, and I saw through the small window the prisoner take a loaf—I had not seen her before, but I am sure she is the woman.
Prisoner. I know nothing of it.
NOT GUILTY .
GUILTY . Aged 16.— Confined One Year.
THOMAS ANDREWS . I live in Salisbury-street I had six pigs alive and safe in my stable in Portman-market about half-past eight o'clock in the morning of the 2nd of December—Miller came to me the next morning, and I went to William-street, Portland-town—I there saw the pigs—I am sure they were mine—they were spotted pigs, two barrow pigs and four sows.
RICHARD MILLER . I live in William-street, Portland-town, and am a green-grocer. On the 2nd of December, about half-past nine o'clock, I bought these six pigs in the street, round by the Crown public-house, for 3l. 12s., of the prisoners—I was going by with my cart, and Wiggins said, "Is your name Miller?"—I said, "Yes"—I saw the pigs, and asked "Whose are they?"—he said, "Mine and my mate's"—there was no one there but the two prisoners—they asked me 14s. a-piece—I offered 12s. a-piece—I they agreed to sell them at that, and they turned them down the street—I went into the public-house and paid Carter the money, but Wiggins was close to him—they called for half-a-pint of gin, but did not give me any—Wiggins said he wished me luck with my pigs—I heard the same day that they were stolen—I went the next morning and gave information to the prosecutor.
said, "Is any one in custody?"—I said, "Yes, Carter"—he said, "Then I suppose he has split"
Wiggins. I humbly beg for mercy.
WIGGINS*— GUILTY . Aged 41— Transported for Seven Years
CARTER— GUILTY . Aged 40.— Confined Nine Months.
MR. DOANE conducted the Prosecution.
THOMAS WAKEFIELD . I am in the service of John Howell and others. On the 7th of December Mr. Edwards came to me, and I cut off eighteen yards of silk—I went to the warehouse-door and saw the prisoner—I said, "Who sent you?"—he said, "I want the silk for Mrs. Barnett"—I said, "How long have you been in her service?"—he said, "Three days"—I gave him the silk, and said, "Here is the parcel, and the bill is inside."
EMANUEL CHILCOTT . I am in the service of Messrs. Howell and James. I received information and followed the prisoner—I observed him outside the shop—he met a boy or a young man at the corner of Jermyn-street, and crossed the road with him—he then turned and saw I was following him—he began to run—I ran and took the silk from him, and took him back to my master's.
MARY BARNETT . I am the wife of Edward Barnett; he lives in Old Burlington-street. I am a milliner and dress-maker, and deal with the prosecutor—I never saw the prisoner—I did not send him for this silk—he had not been three days in my service.
(The prisoner received a good character, and Mr. Arnold, a straw-bonnet-manufacturer, engaged to take him into his service)
GUILTY . Aged 17.—Recommended to mercy.— Confined Two Days.
316. GEORGE MORLEY was indicted for stealing, on the 25th of November, 1 watch, value 1l.; 1 watch-chain, value 6d.; 1 seal, value 6d.; and 1 watch-key, value 2d.; the goods of the Great Western Railway Company, his masters; to which he pleaded
GUILTY . Aged 21.— Confined One Year.
GUILTY . Aged 23— Confined Nine Months.
OLD COURT.—Tuesday, December 14th, 1841.
Second Jury, before Mr. Recorder.
318. SUSAN HILTON was indicted for stealing, on the 6th of December, 5 sovereigns, the monies of Henry Herring: and 1 purse, value 2d.; 1 half-crown, 1 sixpence, 1 penny, and 1 farthing; the property of Margaret Watkins.
MARGARET WATKINS . I am servant to Mr. Herring, a bookseller, at No. 9, Newman-street. On the 6th of December, my mistress gave me five sovereigns, to pay a bill for her—I put them into a table drawer in the kitchen, in a purse—in the other end of the purse there was a half-crown, a sixpence, a penny,
a halfpenny, and a farthing, 10d. of which belonged to my mistress—the prisoner called on me between four and five o'clock that evening—she had lived at No. 6, on the same side of the way, as servant, but had left—I had bought a pair of shoes of her, for 5s. 6d. and was to pay her 1s. or 1s. 6d. a fortnight, as I could spare it—I had paid her 1s. when she called on the 6th of December, she asked if I could let her have 18d.—I said I could not spare her 18d., I could only spare 6d.—I did not give it her—about five o'clock I went up stairs to take the tea into the drawing-room, leaving her in the kitchen alone—I returned to the kitchen, and found her still there—I went to the drawer to get the purse, and the purse and money were gone—I had put it into the drawer about four o'clock—nobody had access to the kitchen from that time till the prisoner came—when I missed it, I said, "Good G—, my purse is gone"—she said, "Is it?"—I told her where I had put it—she made no further remark then—she wished me very much to go up stairs to tell my mistress I had lost it—while she was in the kitchen, I had taken a letter up stairs, to one of the men in the shop, leaving her alone in the kitchen—that was before tea went up—she said I might have dropped it in going up with the letter—I said no, it was impossible to drop it without missing it, for I was so positive I had put it into the drawer—I am sure I took the letter up before tea—if I have said I took it up after tea, it is a mistake—I got a light, and looked about for it, but did not leave the kitchen then—I left it to go to the shop and tell the porter of my loss—he said to the boy, Kelly, who came into the kitchen, "Have you taken 5l.?"—the boy said he had not—the porter said, "Turn out your pockets," and he searched him—the potter then said to the prisoner, "As nobody has been in the kitchen but us, perhaps you will not object to be searched?"—she said, "Not in the least," that she had property of her own, she should not think of taking mine—she took her pocket off—she did not show what was in it then—the porter said, "Have you to the amount of 5l?.—she said, "Yes, and above"—the porter wished me to go out for a policeman—I said no, I should not go, he should go himself—the porter and the boy both went out of the room—when they left, the prisoner said she was taken very bad with a pain in her inside, and wished me to let her go to the water-closet—I told her I could not let her go there, she might go into the back kitchen, and she went there—she was there a short time, and then came into the front kitchen—Mrs. Herring rang the bell—I went up, and she asked me for the 5l. it had been given me to pay a bill—Mr. Herring came into the kitchen, and asked if I had lost 5l. I said, "Yes"—I do not recollect exactly what he said to the prisoner—all I can remember is, that he told her to turn her pockets out—she said she had no objection to be searched—she said she had property of her own—Mr. Herring told the porter to go for a policeman—when he was gone, four sovereigns and one farthing were produced on the table—I cannot recollect who produced them—I was flurried, and did not see them put on the table—the prisoner repeated that she had property of her own, and would not be guilty of such a thing—I said, "That is my money"—she said, how could I say so, when she had money of her own—when the money was produced, I said there was one sovereign, one half-crown, one sixpence, and one halfpenny wanting—I asked her where the purse was—she said she had thrown it into the back kitchen—I asked her where about—she said she did not know, somewhere about—I took a light, and she went with me into the back
kitchen to look for it—the policeman and Mr. Herring came into the back kitchen—I said there was not all the money given up yet—she then took out half-a-crown, and said it was hers, and three halfpence—the sovereign she laid on a cupboard in the kitchen—I did not see her lay it there, but it was found there—this is my purse—(produced by Mary Eckett.)
Cross-examined by MR. PAYNE. Q. How long have you known the prisoner? A. Between four and five months—she had lived servant with Mr. Ward, only a few doors off—she was in the habit of coming backwards and forwards to see me—I was not gone more than five or six minutes with the tea, and not two with the letter—I then went into the shop to tell the porter—I only just ran to tell him, and came back—the prisoner appeared very much flurried and agitated at last—only four sovereigns were put upon the table in the first instance—I am sure I took the letter up stairs before I had the conversation with the prisoner—we searched the back kitchen, but could not find the purse—she has visited me lately about once or twice a week—she was not there when I put the purse into the drawer—I put it in about four o'clock, and she came between four and five—she had left Mr. Ward's service about six weeks.
HENRY HERRING . I am a bookseller, and live at No. 9, Newman-street. On the 6th of December, I went down into the kitchen in consequence of hearing of the loss of the money—I found the servant, the prisoner, and the porter there—I asked the prisoner whether she knew any thing about it—she said she had not seen the money, she supposed the servant must have dropped it—the porter wished to search her—I requested him not to do so, as she might not know any thing of it, but said if she wished to clear herself, she would not object to take her pocket off, and show what money she had—she said she had not the least objection, and took her money out of her pocket—she produced four sovereigns, some halfpence, and a farthing (I had sent the porter for a policeman before this) the prisoner laid the money on the table, and said it was her own, that she had had some money left her by her father some time before—I said it was not impossible, her father might have left her the money, but if she had the purse, she had better produce it—she said she did not know any thing of the purse at all—she walked about the kitchen, and I observed her pot something down on the cupboard, but at that moment I did not see what it was—I went to the place, and found a sovereign, which made up the amount missed—a few minutes after, the policeman came in, and I gave her in charge—before that I asked her if she had taken the money from the drawer—she said, "It was I who took it," and begged I would not take any notice of it, that it was the first time she had committed such an offence, and begged I would not give her in charge—she afterwards took her pocket off at my desire—I cannot remember whether a halfcrown was produced—the money she produced I delivered to the policeman.
Cross-examined. Q. Did not she cling to you, and was with difficulty separated from you? A. Yes—she did not at first appear agitated, but she did afterwards—I do not know that there was any appearance of skill or art about her at first—she was much agitated at last—she produced her pocket without the slightest hesitation—I had never seen her before—I have made inquiry about her since, and I believe she is very respectably connected.
imploring forgiveness of Mr. Herring, and clinging about him in distress—she was asked where the purse was—she said she did not know—I asked her where she bad thrown it—she said she threw it in the back kitchen—I went with her to the back kitchen, and asked where she threw it—she said she did not know—she went back, and followed Mr. Herring into the back kitchen, and clang round him again, begging forgiveness—we had some difficulty to get her away—I took her to the station—I produce five sovereigns, a halfcrown, a penny, a halfpenny, and a farthing.
Cross-examined. Q. She appeared much agitated? A. Yes—on our way to the station she asked me several times, "What shall I say, what shall I say?"
MARY ECKETT . I am the wife of William Eckett, a policeman, and live at the Marylebone station. On the 6th of December the prisoner was brought there—I searched her, and found this purse in her bosom, and a silver table-spoon in her pocket, also one table-spoon, two tea-spoons, and part of a fork—she said the spoons were her own, that she had them from her father, who was dead, and had left them to her—the purse was next to her skin—I said to her, "What is this?"—she said, "I don't know"—I said, "Oh, it is the young woman's purse"—she said, "I really was so confused, I did not know where I put it."
MR. PAYNE called the following witnesses for the Defence.
JAMES WARD . I am a Royal Academician, and live at No. 6, Newman-street. The prisoner came into my service on the 10th of November, 1840; and left on the 16th of October last—I know her brother very well, and have a great respect for him—he is a farmer in the country—I have a son about forty years of age, who is perfectly childless, and he is under the care of the prisoner's brother.
Q. Have you or not, during the twelve months the prisoner was with you, observed any peculiarity of manner, showing that her intellects were not strong? A. Why, I cannot say as to intellect, but as to temper, there was great contrast, as good-natured at one period, and as opposite, perhaps, an hour after—the was very passionate and proud—I do not know Dr. Harrison—I heard from her some months ago, that she lived with him for five years—he lived at Hoxton—I cannot say that I have observed any thing but these variations in temper—I never attached any thing but temper to it—these fits of warmth were very uncertain, according to her feelings whatever would excite her to pleasurable or painful sensations—her temper was bad in the extreme, but her general character good-natured, and very insinuating.
Q. Except in this matter about the spoons, I believe you had no reason to suspect her honesty? A. I cannot answer that positively in her favour, I wish I could—things were missed at various times, but from the high respect I had for her brother and herself, we were always inclined to attach it to other persons who came into the house—my spoons were found on her—we had missed various trifling things before, but they were too trifling to inquire about, indeed, I am here from necessity, not inclination, about the spoons—they were brought to me—I never sought them out.
COURT. Q. What was the occasion of her leaving your service? A. From what I have just stated—that contrast of temper, and my suspicions increased as to her honesty, so I determined at last she should go—she left on the 16th of October—I missed these spoons before that, at different
times—the fork was the last thing lost—that was all the silver I missed—he others were trifling articles.
GEORGE HILTON . I am the prisoner's brother, and live at Great Monday, Herts. My sister lived with Dr. Harrison at Hoxton, some years—(he is now at Bristol)—I went there to see her—she had a brain-fever previous to going there—I have not seen her much very lately—I saw her several times while living with Mr. Ward, where I visit—I did not see her so much before then—I have observed much that is extraordinary in her manner—when she came to see me she would perhaps have five or six different seats in a few minutes, and Mr. Ward has often said her head was of no use to her, she was so thoughtless and forgetful, not once only, but several times.
COURT. Q. You never had any medical advice for her on the supposition that she was weak in her intellect? A. I never had—I remember her having the brain fever—I cannot tell how long it is ago.
GUILTY. Aged 35.—Recommended to mercy on account of her character.— Judgment Respited.
319. JOSE JOAQUIM GONZALVES BASTO was indicted for stealing, on the 28th of September, 8 bonds, for the payment of 500l. each, of Donna Maria the Second, Queen of Portugal, the property of Antonio de Paiva Pereira da Silva.—7 other COUNTS varying the manner of stating the charge.
MESSRS. PHILLIPS and BODKIN conducted the Prosecution.
JAMES CAZALEY . I am clerk to Doxat and Co., of Bishopsgate-street Without. In June last they were the holders of some Portuguese bonds—on the 28th of June I carried seventy-four bonds to the Portuguese agency office in Finsbury-place, of which the eight bonds now produced were part—they then bad the coupon—sheets attached to them—coupons are dividend warrants, on little bits of paper, attached to the bond, and when dividends become due, they are cut off—the express meaning of "coupon," is "to cut off"—none were cut off these bonds, because no dividend had been paid on them—all the interest was due, and is so up to this time.
Cross-examined by MR. CLARKSON. Q. Have Messrs. Doxat received new bonds for those they handed over to the Portuguese agency office? A. They have—these were handed in to be cancelled—they are not marketable, or saleable, or disposable, without the coupons—any person who is accustomed to foreign stock would know that the coupons—are the only things which secure the payment of any interest—no merchant would take one without having the coupon—sheet with it.
MR. BODKIN. Q. That is, the interest would not be paid without the party producing the coupon? A. Certainly not.
RICHARD MEDLAND JACKSON . I carry on the business of a wax-chandler in Piccadilly. I know a person named Campbell—these bonds were lodged with me by him at two separate dates, 29th of September and the 4th of October—four each time—I had lent Campbell some money, for which these bonds were deposited as security—on the 12th of November, in consequence of seeing an advertisement in one of the daily papers, I went that same day to Campbell's place of business in the City—he was not at home—I then proceeded to the prisoner's office—(I had not known the prisoner before November)—I found Campbell there—after some time the
prisoner came in—there was a newspaper there, and Campbell referred the prisoner to the newspaper, to an advertisement—I do not remember his exact words—he called his attention to the advertisement, and desired him to explain—the explanation, as I understood it, was that he had received them from his friends in Portugal, to be converted hen—(I do not recollect that he said any thing about the advertisement when his attention was directed to it—he read it)—I then pressed for the money, and some conversation took place between Mr. Campbell and the prisoner, as to further security—I did not hear accurately the conversation that took place between them—they proposed to pay me the money the next day—I said I had come to settle the business, and unless I had the money I would go to the Portuguese agency—they then spoke of bills and wine warrants—a locksmith was sent for to open the prisoner's desk—I ultimately got some wine warrants in place of the bonds—the wine warrants were sent to my house next morning—I kept the bonds—in consequence of seeing something next day in the newspaper, I sealed them up, and sent them to Mr. Harris's, my attorney—I afterwards saw them at the Manpion House—this advertisement is to the same purport as the one I saw—(the advertisement setified that the lost bonds in question were null and void, and offered a reward of 25l. for their recovery.)
Cross-examined. Q. Mr. Campbell is a gentleman with whom you had money transactions? A. Yes—he owed me 100l. before I got the bonds he owed me 1000l. he had 1000l. for the bonds—I made it up a 1000l. I have been a holder of foreign stock many years ago—I can hardly say that I knew a bond without a coupon was worth nothing, for I had not had one for many years—I did not know it was useless or of no value without a coupon, nor that it was not marketable without it—I cannot exactly tell when I saw Mr. Campbell last, perhaps a fortnight ago—I have known him seven years—there have not been many money transactions. between us.
Q. You say that they proposed to give you wine warrants, do you mean the prisoner or Campbell? A. The prisoner and Campbell together made the proposal—they spoke one after the other—they jointly proposed to give me wine-warrants for the bonds—they conferred together—they were talking together.
Q. Do you mean to swear that any such proposal as you have stated ever came from the lips of the prisoner? A. I have no doubt of it—I can swear I have no doubt whatever of it—I wish to be exact—I have no doubt in my own mind the proposal came from both—I swear it to the best of my belief—I cannot speak more directly than that—the explanation I understood the prisoner to give was, that he had had these bonds from his friends in Portugal—I do not mean to swear that he stated so, because I understood what he said imperfectly, and the explanation was not very clear.
MR. PHILLIPS. Q. Did they both join in the conversation to which you have referred? did one or both speak? A. Both spoke—when the prisoner's desk was broken open the prisoner took out a book—he said nothing about that book when he took it out, but he turned over the leaves, and then fixed on a parcel of wine, and made some extracts of figures on a piece of paper, which he handed to me—the prisoner kept that piece of paper—I did not see the wine warrants till the next day—after
he showed me the paper he began to write an order to the superientendent of the docks—I presume that order was lodged at the docks.
Q. You have been asked about 1000l., was that all in money, or did you hold any bill? A. I held a bill of exchange, which has been dishonoured—I did not apply to the prisoner on the subject of that bill of exchange.
GUILHERME CANDIDO XAVIER DE BRITO . I am Secretary to the Portuguese Financial Agency in England; their office is at Finsbury Chambers. The prisoner was in the employ of the agency in June and July last—he was assisting in sorting the bonds then out, and sent in to be cancelled and converted—these eight are bonds issued by the authority of our office, and which were brought in to be cancelled—I know the handwriting of all the official persons whose sgatures appear at the bottom—after the prisoner had sorted them, I made up a list of them, to see that they were accurate, and then missed eight 500l. bonds—I spoke to the prisoner many times about it, and he said he did not know any thing about them—I caused an advertisement to be put in the papers about them—the prisoner had only to sort the bonds after they were cancelled—I do not know whether the person whose business it was to cancel them did so in the prisoner's presence—these bonds are not cancelled, at least, the part that is produced—if properly done there ought to be a line on this part—these are severed, but not cancelled.
Cross-examined. Q. Are these papers of any value at all, since the new bonds have been issued? A. In the state in which they are, I think not, not as bonds—the Portuguese Government have issued other securities instead of them—these were surrendered on the issuing of the new ones—in cancelling bonds it is the practice to pass the pen over the signatures at the bottom—I should not think the Portuguese Government would pay any of these after issuing the new ones.
COURT. Q. These bonds with the coupons are brought in, and you give other bonds in exchange? A. Yes, with an additional sum in respect of the coupons which have not been paid—there is an arrear which is accumulated to the capital—a bond for 503l. would be given for a 500l. bond—the arrear of interest is put in the new bond and coupon—the coupoun were attached to these bonds when they came in, and were not detached before they were missed—I myself saw these eight bonds.
THOMAS HARRY SAUNDERS . I am one of the firm of Morley and Saunders. This paper which the bonds are on is manufactured by us—the value of it coming from us is about a penny per sheet, I mean the paper simply—I think the coupons—were half the sheet—I should say the value of these eight pieces of paper as they are is a halfpenny, or perhaps three farthings, as waste paper.
Cross-examined. Q. Would you give three farthings for them? A. I should not, because I do not deal in waste-paper, but from my own knowledge of the trade, having occasionally to sell some, I should think to a shopkeeper it is of the value I say.
(The prisoner received an excellent character.)
NOT GUILTY .
320. JOSE JOAQUIM GONZALVES BASTO was again indicted for stealing, on the 8th of November, a certain warrant and order for the transfer of 9 butts, 15 hogsheads, and 19 quarter-casks of wine, the goods of Theodore Ferriera Pinto and another.
MESSRS. PHILLIPS and BODKIN conducted the Prosecution.
THEODORE FERRIERA PINTO . I am a wine-merchant, and have one partner—my place of business is No. 36, Crntched Friars—I have had some dealings with the prisoner. On the 12th of November, about one o'clock, he came to my counting-house—he said be came to settle the purchase of the wine, and to pay the balance—there was a balance of I think 391l., or something of that sort to pay on the purchase of some wines—the original amount was 691l., but 300l. had been paid by cheque originally, and wine to the value of 161l. delivered—Mr. Boyn, our clerk, showed him into my room, and at the same time brought me the delivery orders which had been already signed, with the date, I believe, of the original purchase, and reminded me in the prisoner's presence that it was a cash, or ready-money transaction—after a little conversation had passed, my clerk brought me in a little slip Of paper, showing how much the balance was, and said as it was a cash transaction interest would be charged—the prisoner looked at the paper and said that he thought there would be a discount for ready money, to which I said, "Why it is a cash transaction, and consequently there is no discount"—these are the two delivery orders which my clerk brought in—I said, it being a cash transaction I should have the money on the delivery orders, but previous to this, when he paid the 300l., he had told us that these wines had been bought for a party in the country who had given this 300l., and not being able to come forward with the rest, was the reason he had not paid the balance at this time—he said the party in the country had sent orders to town to the house of Messrs. John Mitchell to pay it—I did not know that house at that time—he said they lived in Broad-street, and it was a very respectable house—his words were, "You will find it is all right, the order has come to Messrs. John Mitchell and Co., a very respectable house in Broad-street"—I then said if he would allow me I would send one of my clerks with the delivery orders to receive the money at John Mitchell and Co.'s—he said that would not look well, it would hurt his character, and it would appear as if he was not trusted—I said, but if I sent anybody I would send him in his name, not send him with him, but with the delivery order, so that his credit should not be affected—he said he had promised to be with the parties himself, personally to deliver the orders.
COURT. Q. To whom? A. To those who were to pay—I understood John Mitchell and Co.—I cannot exactly say whether he said that at the moment, but he had mentioned John Mitchell and Co. before, and that the purchasers were in the country—he said he had promised to be with the parties who had the orders to pay—he did not say the purchasers were in the country, but that the house was in the country—a person established out of town.
Q. Was there anything to exclude the parties In the country having agents in town on the spot, at the docks for instance, notwithstanding the fact that some other house would be the parties to pay? A. It was not meant so, at least I did not so understand it—when I proposed to send my clerk with the delivery orders I proposed sending him to Messrs. John Mitchell's, and after I proposed that, he said he had promised to go to the
parties himself with the delivery orders, and would prefer taking them personally—I then said to him, "Well then, it is understood that you will either bring me back the money, or these orders"—he assented to that—he said, "Yes, sir"—we were speaking in Portuguese.
MR. BODKIN. Q. Did you upon that deliver the orders to him? A. I did—I remained at my office till nearly five o'clock that day—I sent, I believe, once after him, in the course of the day, about one o'clock—I went on Change and returned to my counting-house—I sent Mr. Boyn for him, and he came with Mr. Boyn, at very near five—he said Messrs. John Mitchell not understanding much about Dock business, preferred having, instead of the delivery orders, the warrants made out for the wines, that they had gone to the Dock to get them made out, but as that took some time, they would not be ready till the next morning (Saturday.)
COURT. Q. Was Messrs. Mitchells' name first mentioned on that day, or had it been mentioned in the original transaction? A. It was first mentioned on that day—I always supposed the wines had been bought by some third party—I thought Messrs. Mitchell were only agents to pay, not the purchaser of the wines—I made the prisoner promise that he would come, either with the bonds or money, the following day—he did not come next day, or at all—and from information I received I applied at the Mansion-house.
Cross-examined by MR. PAYNE. Q. How long had you known the prisoner? A. For some years—I have lately had small transactions with him.
Q. Does not a sale for cash, mean that the money is either to be paid at the time, or within a few days after? A. It depends on the credit you give to the parties—I have dealt with the prisoner for small amounts, on the understanding that he was to have the delivery orders, and to pay me shortly afterwards—that is the custom in the wine trade when you trust the parties—the original bargain was made with my partner, who is now in Spain—I was not present at that time—a great deal of this conversation passed in the Portuguese language.
COURT. Q. It was no part of his proposition to bring you the warrants or the money, but a suggestion of yours? A. It was a promise, it was my suggestion at first—a condition put on the contract.
MR. PAYNE. Q. Do you know whether a bill of parcels was made out to the prisoner, for all this wine? A. It was, according to my books—I had the prisoner taken into custody on Monday, the 15th—he was found at his counting-house—all the wine he has got has been 167l. worth—the has paid 300l.
COURT. Q. Then you are over-paid for the wine which he has actually got in his possession? A. Not now—I was overpaid—the wines are yet in the Docks, deliverable to the bearer of the warrants—I parted with the orders, in the belief that there was an order from the person who had bought the wine to pay the balance—the respectability of the house of Mitchell and Co. was partly an ingredient in my consenting to his proposal, at least the naming of a house in Broad-street was—I did not at the moment remember whether I knew that house.
Q. Did not you understand that he must actually have got rid of the delivery-orders first, or the warrants afterwards, before he could be in cash to complete the bargain of paying you the money? A. That he was to deliver them to some one who was to pay for them—if they did not furnish
him with the money, he was to bring back the warrants—it was in the alternative—if the party did not pay, he was to return the delivery-orders; if the party paid, he was to bring me the money—if Mitchell and Co. had been the agents, they would have given him a cheque for the amount—I did not expect to see the delivery-orders again if he had brought me the money—the only way he had of turning the delivery-orders into money was by parting with them to some one else—I did not suppose he was going to pay me out of his own funds, but out of the funds of a customer of his—I did not suppose the party would give the money till he had the vouchers for the goods—I supposed the party wanted to see either the delivery-orders or the warrants, and to pay for them; that is why I offered to send my—clerk, because I could not suppose for a moment that the third party would deliver the money to him before he produced the value of it.
JOHN BOYN . I am clerk to Mr. Pinto. I introduced the prisoner into Mr. Pinto's room—I said to the prisoner, "It is a cash transaction, and therefore you must pay interest on the balance"—I took the delivery-orders, and laid them before Mr. Pinto, then went into the other room, and made a little memorandum of the balance, adding the interest thereto—Mr. Pinto spoke to the prisoner in Portuguese, and after that Mr. Pinto, addressing himself to me, said, in English, "It is arranged between us that Mr. Basto returns me the orders or the money"—in the course of the conversation in Portuguese, I heard the prisoner mention the name of John Mitchell and Co.—in consequence of the prisoner's not returning as was expected, I went to his counting-house, and saw him—it must then have been a little before five o'clock—I left our office about a quarter of an hour or twenty minutes before five—I said I had called from Mr. Pinto, who was surprised at his not having returned—he said he had not been able to manage it, or to arrange it—I then asked whether he would walk on with me to Mr. Pinto—which he did.
MATTHEW SMITH M'KENZIE . I am a clerk in the St. Katharine's Dock. I have produced these two delivery-orders—they were brought to the office in the dock a little before three o'clock, on the 12th of November—I have the warrant-orders here, but not the warrants—these two warrant-orders were left at the time the delivery-orders were brought by Gardiner.
JAMES GARDINER . I was clerk to a person named Campbell—on the 12th of November I took these orders to the St. Katharine Dock office—I had received them from the prisoner, at Mr. Campbell's office, about five minutes before—two are delivery orders, and the other two requests for warrants—I did not see the requests for the warrants written—I have seen the prisoner write, and believe them to be his handwriting—I afterwards obtained the warrants to which these requests refer, about a quarter to five o'clock that same day—I took them to Mr. Campbell's office, and left them there—the prisoner was not there—I took them to Mr. Jackson's, in Piccadilly, next morning, by Mr. Campbell's desire—the prisoner was at Mr. Campbell's office at the time I was desired to take them to Mr. Jackson's—he did not endorse them in my presence—these are the warrants I obtained—I believe the endorsement on them to be the prisoner's handwriting.
Cross-examined by MR. CLARKSON. Q. What is your master? A. A wine-merchant—I saw him this morning—he is very well—I carried the wine warrants to Mr. Jackson's by Mr. Campbell's orders, not to settle his debt that I know of—I swear that I do not know that was the reason
I took them—I had the care of them before I took them to Mr. Jackson's—they were in ray desk, in Mark-lane—the prisoner did not live there—my master is now in the Fleet-prison—I do not know whether it is at Mr. Jackson's suit, I think not—I do not know at whose suit—I do not know from Mr. Jackson whether he has applied to the docks for the wine, or that Mr. Pinto has lodged a detainer against it.
GUILLERM ESTERBAN BALLERAS . I am a clerk to Mr. Pinto. I saw the prisoner on the Sunday morning—he told me had met with an accident on Saturday as he was going westward, and he was unable to come into the City.
Cross-examined. Q. What was the accident? A. I cannot say—I did ask, but I do not remember precisely—he said, "I will come on Monday morning with the warrants or the money," or "the orders or the money," or words to that effect—the accident he met with was, a cob passing by, he was rather frightaned, fell down, and hurt his foot.
RICHARD MEDLAND JACKSON . I am a wax-chandler, in Piccadilly. I had some dealings with a Mr. Campbell—I made up something he owed me to 1000l., on the deposit of some Portuguese bonds—on the 12th of November, I noticed an advertisement in one of the daily papers, in consequence of which I went to Mr. Campbell's office, in the City—from what they told me there I went on to the prisoner's office—I found Mr. Campbell there—the prisoner came in afterwards—I should say it was about a quarter past eleven o'clock, about eleven o'clock, or a little after—I called their attention to the advertisement in the paper respecting the bonds—the prisoner gave an explanation that he had received the bonds from a friend in Portugal—a locksmith was sent for, the desk was opened, and a book taken out—the prisoner turned over the leaves, fixed on a parcel, or some entry in the book, and then wrote some figures on a paper—he said, "This is forty butts of sherry"—he turned to the book, apparently to select a parcel of wine to give me wine warrants—nothing was said about it that I am aware of—it had been said before that there were wine warrants—I think it was Campbell suggested to the prisoner that there were wine-warrants, and then the book was turned to—it was said before the locksmith was sent for—I do not know what was done with the paper which the prisoner wrote—he took it with him—it was put before me—I was sitting by his side, but I had nothing to do with it—when it was put before me, the prisoner said, "This is the order for the wine," or something of that sort—I think the words were, "This is for forty butts of sherry"—they were in a nook in the room, and in and out of the inner office while I was there—where they went to I do not know—after I had been there some time, the prisoner went away—I think it was about twelve or one o'clock when he left—I remained about half an hour, and then went away also—I waited expecting his return—I thought he was gone to the docks—I cannot tell what he said when he went—I was waiting for the warrants—an order to the St. Katharine's Docks had been written by the prisoner in my presence, and he took it with him—I left the prisoner's counting-house about one o'clock, and returned about two or half-past two—I found Campbell there—the prisoner came in afterwards—he told me the warrants were preparing—that was I suppose about three o'clock—I remained there until, I think, five—he was in and out while I was there—I was impatient for the warrants—he said they were making out, that there were a great many figures, and it took a long time to make themout—just before I came
away Campbell and the prisoner were present, Mr. Gardiner, the clerk, came to me, and said the warrants were preparing, he shewed me a receipt from the docks, to satisfy me that they were preparing, and promised they should be left at my house the first thing next morning—either Campbell or Gardiner said so—the prisoner was present—the warrants were brought to my house next morning by Gardiner—they were not endorsed then—I saw them endorsed afterwards by the prisoner—he came into my house, and there endorsed them next morning, the 13th, perhaps about half an hour after they were left—on the previous day, before the prisoner went out, I said, unless I got the money, I would go at once to the Portuguese agency-office—that was about eleven o'clock I should say.
NOT GUILTY .
NEW COURT.—Tuesday, December 14th, 1841.
Fifth Jury, before Mr. Common Sergeant.
321. JAMES EDWIN was indicted for stealing, on the 4th of December, 1 jacket, value 10s., and 12 reels of cotton, value 6d., the goods of John Farrer Cressell, in a vessel in a port of entry and discharge; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 18.— Transported for Seven Years.
GUILTY . Aged 38.— Confined Two Months.
323. GEORGE MOLE was indicted for stealing, on the 6th of December, 1 box, value 6d.; 1 shilling, 2 sixpences, 35 pence, 105 half-pence, and 105 farthings; the property of Ann Stadward; to which he pleaded
GUILTY . Aged 16.— Confined Four Months.
GUILTY .— Confined Four Months.
325. GEORGE STOW was indicted for stealing, on the 2nd of October, 1 comb, value 1s.; one 25 cent, value 6d.; the goods of Alfred William Lovell; and HERBERT WHITE , for feloniously receiving the same; well knowing them to have been stolen; against the Statute, &c.; to which
STOW pleaded GUILTY .
MR. DOANE conducted the Prosecution.
ALFRED WILLIAM LOVELL . I am a cheesemonger, and live in Seething-lane, Tower-street. Stow was in my service—I missed some coins and a comb—I applied to a policeman, and went with him to the residence of White, who is a barber—he was present when we got there—there was some cheese found, which I identified as being part of my stock—there was 7lbs. in one piece, and 4lbs. in another, and seventeen eggs—he at first
said he purchased them, then he said his mother sent them from the country—he then said it was no use denying it, they were mine—I saw White's box opened, and found this coin which I had lost—he said Stow gave him it—this comb was found in Stow's box—it is a peculiar comb—White was present when Stow said what he did.
Cross-examined by MR. PAYNE. Q. This room was occupied by Stow? A. It was occupied by White, but Stow slept there the last three month—the eggs were worth about 17d.—the coin is worth about 1d.
JAMES BRANNAN (police-sergeant G 20.) I took Stow, and went with him and the prosecutor to White's—I saw the coin found in White's box—I asked White who the eggs belonged to—Stow nodded to him, and White said, "They are mine"—I asked where he got them—he said at Mr. Gregson's—I said, "We will inquire that"—then he said they were sent him from the country—I said to White, "You must have known that this young man was robbing his master"—he said, "Yes, and I am very sorry for it now."
Cross-examined. Q. Were not his words, "Yes, I do, and I am very sorry for it now?" A. Yes—when I told him I was come to search his house, he said I was very welcome—he said, "There is nothing here but what belongs to Stow and me."
NOT GUILTY .
326. GEORGE STOW was again—indicted for stealing, on the 6th of December, 11lbs. weight of cheese, value 7s.; 17 eggs, value 1s. 5d.; and 1 jar, value 8d.; the goods of Alfred William Lovell; and HERBERT WHITE , for feloniously receiving the same, well knowing the same to have been stolen; against the Statute, &c.; to which
STOW pleaded GUILTY .— Confined Nine Months.
MR. DOANE conducted the Prosecution.
ALFRED WILLIAM LOVELL . I live in Seething-lane. Stow was in my service—I missed cheese and eggs, fowls, tongues, and other things—I had missed new laid eggs from the cellar a long time—I was in White's room when these eggs and cheese were found, and this jar, which is mine—I do not think there is such another in London—the officer first asked White whose the eggs were—he said they were his—he said he had bought them at Barking-alley, of Mr. Gregson, then he said he had them from his mother in the country, and then he came to me and said, "They are your property."
Cross-examined by MR. BALLANTINE. Q. What makes you think there was not such another jar as this? A. Because I had it made for me at Lambeth.
JAMES BRANNAN . I saw these eggs found—I asked White who they belonged to—Stow nodded to him, and White said, "They are mine"—I said, "Where did you buy them?"—he said at Mr. Gregson's, in Barking-alley—I said we could soon inquire—he said then he had them from his mother in the country—I said, "We will write there, give us her address"—he said, "It is no use, they are Mr. Lovell's"—I said, "You must have known this man was robbing his master"—he said, "Yes, I did, and I am very sorry for it now."
NOT GUILTY .
WILLIAM LAWRENCE . I am in the employ of John William Stacey, a boot and shoemaker, in Grosvenor-row, Pimlico. Between ten and eleven o'clock on the morning of the 8th of December, I was in the shop—I had something told me, and missed three pairs of boots—I had seen them safe at the door five minutes before—I ran out and saw the two prisoners running from the shop—they were stopped by some one, and these three pairs of boots were found—they are my master's, and what I had seen safe.
Cross-examined by MR. BALLANTINE. Q. Did not Allen escape? A. Yes, but he was taken five minutes after—Cain had the boots—they were both running, and Cain was just going to hand the boots to Allen—the boots had been hanging on the door-post.
WILLIAM GARLAND . I was living in Queen-street, Pimlico. I was passing Grosvenor-row on Wednesday morning, the 8th—I saw Cain run across the road, and turn down a turning, he stopped and looked whether any one was pursuing him—he then ran towards Allen and attempted to give the boots to him—I laid hold of him—Allen was about forty or fifty yards from the shop—he was in sight of it.
Allen's Defence. I know nothing of the robbery, and know nothing of this man.
(Cain received a good character.)
ALLEN— GUILTY . Aged 20.
CAIN— GUILTY . Aged 21.
Confined Three Months.
WILLIAM CHARLES CHAPMAN . I am a hosier, and live in Tottenham Court-road. Between four and five o'clock, in the evening of the 7th of December, I was going into my shop—the prisoner and a woman were there—the prisoner asked to look at some socks, of a similar description to what my wife was showing to a customer—I showed them some—he offered me 7d. a pair, I asked 10d.—he chose three pairs, and told me he would give me 1s. 9d. for them—I said I could not take it—he remained about twenty minutes—I turned to get a halfpenny from my wife, and he went out—I missed three pairs of socks—I went out and stopped him, and asked him to give me up those socks—he said he had none, and he would knock my head off, if I said any thing to him—I called a policeman, and he was taken to the station—these socks were found in his pocket.
Cross-examined by MR. DOANE. Q. Have you any other name? A. No, I have no partner—the prisoner seemed the worse for drink—I am quite sure he had not paid me for them.
(The prisoner received a good character.)
GUILTY . Aged 38.—Recommended to mercy by the Jury and Prosecutor.
Confined One Month.
ROBERT CAPON . I live with Mr. Thomas Smith, a pawnbroker in Edgeware-road. We had a shawl hanging at the door for sale, on the 1st of December—it was safe at nine o'clock—I missed it—this now produced is it—it is my master's.
SAMUEL BARKER . I am shopman to Mr. Mills, of the Edgeware-road. On the 1st of December I saw the prisoner take the shawl down, and pass it to another boy, who ran down Star-street—I took the prisoner, and hallooed out—the other boy threw the shawl down and got off—a man picked up the shawl, and gave it to me—I am quite sure the prisoner took it down.
Prisoner's Defence. I went out to go to my brother-in-law; I never touched the shawl; I was walking along; I never ran.
GUILTY . Aged 15.— Transported for Seven Years.—Convict Ship.
THOMAS SLAUGHTER . I am shopman to William Nathan, a pawnbroker in Three Colt-street, Limehouse. About half-past seven o'clock, on the 2nd of December, the prisoner came to the shop to pledge something—this frock was safe at the time she was in the shop—I missed it the next morning—I found it at Mr. Dickar's.
Prisoner's Defence. I went to the prosecutor's shop to pawn an article, and when I came out I had this frock before me; I was not aware it belonged to the prosecutor. I pawned it, being very much in want.
GUILTY . Aged 40.—Recommended to mercy by the Prosecutor and Jury.
Confined Ten Days.
GUILTY . Aged 38.— Confined Three Months.
GUILTY . Aged 17.— Confined Two Months.
GUILTY . Aged 17.— Confined Three Months.
ROSE CHURCH . I am the wife of John Church, we live in Legg-court, Peter-street, Westminster. The prisoner lived opposite me—he was in our house on the 2nd of December—we had a waistcoat and a stocking there—I missed them the next morning—these are them—it is my stocking and my husband's waistcoat—I went with the policeman, and found them in the prisoner's house on the 4th—I never gave them to him, and he had no right to take them.
GUILTY . Aged 52.— Confined Four Months.
335. ANN WILSON was indicted for stealing, on the 30th of November, 18lbs. weight of feathers, value 18s. 6d.; 2 pillows, value 4s.; 1 blanket, value 2s.; 1 bolster, value 2s. 6d.; 1 counterpane, value 3s.; 1 sheet, value 1s. 6d.; 2 saucepans, value 2s. 6d.; 1 set of fire-irons, value 2s.; 1 fender, value 1s.; 1 frying-pan, value 1s.; 1 tea-kettle, value 1s.; and 1 picture, framed and glazed, value 1s.; the goods of John Rice.
SUSAN RICE . I am the wife of John Rice, we live in Nottingham-court, King-street, Seven-dials. On the 29th of November I let the prisoner a furnished room, and on the 1st of December an alarm was given that she had thrown a bed from the window—I attempted to get up stairs, but the prisoner ran down against me—I went into the room, and missed the two pillows, the blanket, and other things—this picture and fender, that are now here, are all that are found, and they are mine—I found them put up at a shop for sale.
HANNAH SHELLEY . I am a general-dealer, and live in Monmouth-street. I produce this picture and fender—the prisoner sold them to me, and I put them at my door for sale—I gave 1s. for them—I have put a back to the picture, and the fender is not worth 4d.—the prisoner came with tears in her eyes, said she was in great distress, and had not a bit of food.
Prisoner. I did not say that; I did not take more than what you see; my husband said he would redeem them when he got work. Witness. She told the Magistrate her husband had been dead seven months.
GUILTY . Aged 29.—Recommended to mercy.— Confined Three Months.
MARY THRALE . I live in York-street, Blackfriars—I am the wife of Charles Thrale. I let the prisoner a ready-furnished lodging in Shire-lane, six weeks ago—on the 6th of December I received information, and went to the lodging—the prisoner had absconded, and taken the key—I had the
door opened, and missed two sheets, a blanket, pillow, and several other things—I found these sheets, blanket, and pillow at the pawnbroker's—they are mine.
Prisoner. They were not taken with the intention of defrauding the prosecutor—I left on the Sunday, and they were to have been redeemed on the Tuesday, but I was taken before I could get them.
GUILTY . Aged 25.— Confined Six Months.
THOMAS HOWELL . I live at Dolly's Chop-house. On the afternoon of the 7th of December, about four o'clock, I was going up Ludgate-hill—I felt something—I turned round, and my handkerchief was gone—the prisoner was near me—I taxed him with it—a friend who was with me, took off his hat, and it was not there—my friend then put his hand into his pocket, and took out my handkerchief in my presence.
Prisoner's Defence. I was looking into a picture-shop, and the gentlemen came and spoke to me, and found the handkerchief on my arm—it was not in my pocket—one of them struck me, and knocked me down, and kicked me.
GUILTY . Aged 17.— Transported for Ten Years.
GUILTY . Aged 14.— Confined Six Months.
GUILTY . Aged 19.— Confined One Month.
340. SAMUEL LEAPER was indicted for stealing, on the 11th of December, 1 brass-plate, value 5s., the goods of the Great Western Railway Company:—2nd COUNT, stating it to be 1 1/2 lbs. of brass: to which he pleaded
GUILTY .— Confined Four Months.
GUILTY . Aged 21.— Confined Four Months.
FREDERICK BASTONE . I am a surgeon, living in Pulteney-street, Golden-square—the prisoner was my errand-boy for five months. About one o'clock, on the 26th of November, I gave him a 10l. note, to get change from Mr. Wighton, at the corner of Coventry-street; he did not return—I have got no money back for it.
SUSANNAH WIGHTON . I am the wife of Peter Wighton, of Coventry-street. The prisoner came to me on the 26th of November, and asked for change for a 10l. note—I gave him 9l. 10s. in gold, and 10s. in silver.
JOHN HUXTABLE (Monmouth police-constable, No. 7.) I apprehended the prisoner at Newport, in Monmouthshire—I heard there was a boy spending a great deal of money—I went in plain clothes, and found him in a public-house—I got into conversation with him, and asked him if he was from London—he said yes, that he came down on a holiday, and had received the money from his father.
GUILTY . Aged 15.— Confined Nine Months.
THOMAS EDMONDS . I live at Clapham, and am in the habit of fetching my newspapers from town in a cart. About five o'clock in the morning of the 12th of December, I put 153 Weekly Dispatch newspapers into my cart—about six I went to my cart, which I had left opposite the gateway in Shoe-lane, at the house where I fold and sort my papers—all my papers were then gone—I went to the Dispatch office to buy an equal number—I then came down Shoe-lane, and went up the Strand to Catherine-street, to announce to the trade that I had lost a number of Dispatches—I saw Dunny, and told him—the prisoner passed me about half-past six, and I heard him call out "Here is the Dispatch for the Sunday Times"—I turned back, and asked how he came by them—he said he bought them of some man in the street, he did not know who—I called a policeman to take him, but he refused to do so—I then went with the prisoner to some persons whom he said knew him, but I did not find any person who would say any thing about him—he had fifty-five of these papers—it is the practice of the trade to get them between five and half-past six o'clock—a person cannot get them without his name is down.
Prisoner. Q. What time did you get them from the Dispatch office? A. At half-past four o'clock—immediately on the discovery of my loss I went to Mr. Whitty, and stated that I had lost these papers, and Prothero, his lad, directly said he saw three persons at the tail of my cart, with the tail-board down; two of them were short, and one was taller than the rest—his employer asked him whether he should know them again if he saw them—he said "Yes"—I had not spoken to the boy previous—I might have seen him.
the tail-board down—I am sure he was the person—I have no doubt about it.
Prisoner. Q. What did you do when you saw me at the tail? A. I went to my master—I did not say any thing—it was about twenty-five minutes past five o'clock—I told my master when the gentleman came in and complained about losing his papers out of the cart—there was another man besides you standing at the cart, which I thought was Mr. Edmonds.
Prisoner's Defence. I am in the news trade; I bought some papers at the Dispatch office; we cannot get papers early enough ourselves; we get them from such persons as Mr. Edmonds; I bought two quires; and it is common in the paper business to change one for another; I said, "Here is the Dispatch for the Sunday Times;"—he came to me, and said, "How many can you do?" I said, "Eighteen for sorts;" that is, for different sorts. I said I bought them in Shoe-lane; he said, "What did you give?" I said, "What do you give for yours?" He said he would call a policeman, and the policeman would not take me into the City. I took him to Shoe-lane, and Mr. Dyson said he knew me as being in the trade; he went to Mr. Taylor's, and there this boy said I was the man that took the papers out. I took the prosecutor to Fleet-street, and saw a man named Powell, who knew me. I bought two quires, and he lost five quires.
JOHN SPRING (City police-constable, No. 315.) The prisoner was given into my charge—I took him to the Compter—I then found where some papers had been left, which made up the number lost by the prosecutor.
GUILTY . Aged 25.— Confined One Year.
344. MARY ANN DUNN was indicted for stealing, on the 11th of December, 1 pair of slippers, value 1s. 4d.; 37 combs, value 2s.; 1 pot of bear's grease, value 3d.; 1 pot of pomatum, value 3d.; and 3 shells, value 3d.; the goods of Peter Burnett.
LOUISA BURNETT . I am the wife of Peter Burnett. On Saturday evening, the 11th of December, I had a basket containing a pair of slippers and other things, and different sorts of shoes—I went out with my little girl and put down the basket by my side—the prisoner came up by the side of ray child and told her little stories; my child began to be affectionate to her, and hung about her; she was very friendly, and I thought there was no harm—she remained from five o'clock till nine, and about nine o'clock the policeman came up and said, "You must remove"—I crossed, and the prisoner crossed with me—I stood on the other side—the prisoner then suddenly left me—I then looked at my basket and missed the articles stated—no one but the prisoner had an opportunity of taking them—these are my slippers—my father made them.
WILLIAM ROSS (police-constable D 187.) I found the prisoner at her mother's lodging in Blandford-place—I asked her if she was in Crawford-street the night before—she said, "No"—I asked if she saw a woman and child—I said she was charged with stealing the slippers and other things—she said, God strike her dead and blind, she knew nothing of the things—when I was going to the station, she said she took the slippers, but nothing else—I found the slippers at her mother's.
Prisoner's Defence. I had some conversation with the prosecutrix, and she sent me to a public-house, to have a pint of beer—then she said I might have them for 10d.
GUILTY . Aged 14.— Confined Four Months, the last Week solitary.
345. JAMES OAKFORD and MARY KELLY were indicted for feloniously receiving, on the 29th of November, 1 trunk, value 4s., the goods of Henry Hall; well knowing them to have been stolen; against the Statute, &c.
JAMES GRAY . I am in the service of Henry Hall, living at Wilsden. was in Buckeridge-street, St. Giles, on the 29th of November, with this trunk in a cart—it was close by the tail-board—I missed it at half-past one o'clock—I had seen it safe about five minutes before—two lads came to me as I was going down Plumtree-street, and told me I was robbed—I gave information to the first policeman.
Cross-examined by MR. DOANE. Q. What is Mr. Hall? A. A solicitor—I am a labouring man in his service—Miss Hall gave me the trunk at the kitchen-door—I had it in my hands several times—it does not belong to Mrs. Hall—Mr. Hall has told me several times that it is his—I have been on the farm ten or eleven years—I was going to take it to Boswell-court—I had notice of it on the day after I lost it.
JOHN CAUSDELL . I live in High-street, St. Giles. About half-past one o'clock on the 29th of November, I was at the side of the cart in Buckeridge-street—I saw a box at the tail of the cart—I saw two big boys standing behind the cart for a minute, and then the cart began to go on—they took the box out in their hands, and ran into the first house past the public-house in Buckeridge-street—I did not see their faces—one was dressed like Oakford.
Cross-examined by MR. BALLANTINE. Q. The coat you saw him in at Hatton-garden reminded you of him directly? A. Yes—he was about the size of Oakford.
GEORGE JOHN RESTIEAUX (police-constable E 49.) At a quarter to five o'clock in the afternoon of the 29th of November I went to 29, Buckeridge-street, which is the house Causdell described to me—I looked into the first floor, and then went to the second floor, and I saw Oakford coming out of the room—I stopped him, and told him he must go back—I saw Kelly in the room and this box unlocked, with the hasp as it is now, in the middle of the room—I asked Oakford if he knew anything about it—he said no, he had come into the room to see Jack Kelly, as he owed him 1s. 6d.—I said, "Why did you not ask him for it at the door, as I saw him there when I came in?"—he said he did not see him—Kelly said the box was not there when she went out, but it was when she came back—I told them they must go to the station—Oakford said, "You know I am innocent, you saw me half an hour ago"—I had seen him about that time.
NOT GUILTY .
346. WILLIAM HASTINGS was indicted for stealing, on the 15th of November, 1 watch, value 5l.; 1 watch-chain, value 1l.; and 1 seal, value 10s.; the goods of Richard Thompson Hopkins, Esq.; in the dwelling-house of Richard Northey Hopkins; to which he pleaded
GUILTY .— Confined One Year.
ELIJAH HALES . I am shopman to Alfred William Edward Joyes, of Whitechapel-road. About ten o'clock on the 2nd of December I was in my master's shop—I heard the window break—I looked and saw two boys, one of whom was the prisoner, pulling the handkerchiefs out of the window—I ran out after him and brought the prisoner back to the shop,—I sent for a policeman, and as soon as he came I gave him in charge—I picked the handkerchiefs up when I was running—I had seen the prisoner drop them—these are them—they are my master's.
Prisoner. The boy was pulling them out with both his hands; the window was broken, with a card over it; the boy shoved them against me; I did not throw them down. Witness. They were both pulling them out.
GUILTY . Aged 13.— Confined One Month, the last Week solitary.
JAMES COOK . I am in partnership with another person, in Tottenham-court-road. On the 11th of October I missed nineteen yards of oilcloth—some one gave me information—I went down into the New-road—I met a policeman and spoke to him—I then went on, and saw the prisoner with the oilcloth on his shoulder—I gave him into custody with the cloth, which is ours—it had been safe ten minutes before in my house.
GEORGE ALLEN (police-constable S 77.) I took the prisoner with it —the Cook said it was his—the prisoner said nothing at the time—in going to the office he said he hoped the prosecutor would not appear, and he should get off.
Prisoner's Defence. It was given me by a man in the New-road to carry to Long-acre.
GUILTY . Aged 38.— Confined Three Months.
JOHN CRAGGS . I live in Henry-street, Hampstead-road. I had three bushels of potatoes—they were safe at half-past eight o'clock in the evening, outside the door—about a quarter-past nine o'clock I received information, in consequence of which I went to Fitzroy-place and found them at Dockeray's, and one of my baskets—I believe the potatoes to be mine—this is my basket.
SAMUEL CROFT . On Friday night I was going on an errand—I saw the prisoner a with a basket of potatoes in Henry-street—Thompson lifted the basket on Holland's shoulder—they went straight down—I am sure Thompson is the person who lifted it on Holland's shoulder.
JOSEPH DOOKERAY . I am a green-grocer. I was sitting in my room—a roan said, "There is your potatoes all lying about"—I ran out and picked them up—Mr. Craggs came and said they belonged to him—the basket was in the place just past my shop—I do not buy potatoes.
Holland's Defence. I was coming from my aunt's, and the policeman took me for stealing potatoes; I was at Bermondsey at the time they were stolen.
Thompson's Defence. I was with him in Cleveland-street when the policeman came and took us.
HOLLAND*— GUILTY . Aged 18.— Transported for Seven Years.—Ship.
THOMPSON— GUILTY . Aged 16.— Confined Four Months.
SAMUEL WRIGHT . I am a shoemaker, and live in Hoxton Oldtown. At a quarter to seven o'clock, on the 7th of December, I went into the back-parlour, behind the shop, and saw the prisoner getting out of the window with my time-piece under his arm—he had no business in my parlour—I said, "Oh, you thief," jumped out after him, and ran till I caught him—he said, "For God's sake don't stop me, let me go"—I brought him back, and the officer took him—he dropped the time-piece on the table under the window—it had been removed from the mantel-piece to the window.
GUILTY .* Aged 18.— Confined Nine Months.
OLD COURT.—Wednesday, December 15th, 1841.
Third Jury, before Mr. Recorder.
351. JAMES CHEVERS was indicted for stealing, on the 13th of December, 1 jacket, value 1l.; 1 pair of trowsers, value 16s.; 1 waistcoat, value 8s.; and 1 handkerchief, value 6d.; the goods of Charles de Bruin, in a port of entry and discharge; to which he pleaded
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 30.— Confined Three Months.
GUILTY . Aged 15.— Confined Fourteen Days.
WILLIAM STRAFORD VAILE . I am a laceman, and live in Oxford-street. Heath was my errand-boy—Posey was my servant, and had been so three months—she had notice to leave, and was about to go away when this occurred—on Monday week, in the evening, before she went away, I expressed a wish that her boxes should be searched—she said it was the business of a policeman—Mrs. Vaile said if she thought a policeman would do it more quietly we would have one—the prisoner then opened her
box, and we found it ft this lace, which is worth about 3l. 6s. I asked her how she got it (Heath was present at the time) she said she knew they were my articles, that the boy had given them to her—I know the lace to be mine.
Cross-examined by MR. PHILLIPS. Q. What was it she said? A. She said she knew they were my goods, and that the boy had given them to her—I said before the Magistrate that she had acknowledged that Charles had given them to her—I think I had a two months' character with her.
(The prisoner Posey received a good character.)
POSEY— GUILTY . Aged 18.—Recommended to mercy.— Confined Fourteen Days.
MR. CLARKSON, on the part of the prosecution, declined offering any evidence.
NOT GUILTY .
Before Mr. Baron Alderson.
NOT GUILTY .
Before Mr. Justice Patteson.
MESSRS. ELLIS and ESPINASSE conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant solicitor to the Mint. I produce a copy of the record of the conviction of Mary Casey, with another woman, at this Court, in October Sessions, 1840—this I have examined with the original record, and it is a true copy—(read.)
ALICE LORD. I am the wife of Charles Lord, who keeps the Salmon and Ball public-house, Bethnal-green. On Monday, the 6th of December, about half-past ten o'clock at night, the prisoner came to the bar for half-a-quartern of gin, which came to 2d. I served her, and she pushed the money along the counter to Jacobs, who came in with her—Jacobs put it on the counter, and I took it up—it was a shilling—I said, "This is a bad shilling," and said to the bar-maid, "Go and fetch your master"—as he came along the passage, a policeman was passing the door—he was called in, and my husband gave them in charge—I gave the shilling to the policeman—I showed it to my husband, but it was never out of my sight.
Prisoner. She showed it to some young gentlemen at the bar. Witness. There were two persons standing by the bar, but it was never out of my sight, and only in my husband's hand—one of the gentlemen did not bite it to my knowledge.
MARY ANN JACOBS . I am a charwoman, and have known the prisoner two years—she has lived in my mother's neighbourhood—on the 6th of December, I met her by the Salmon and Ball public-house—she said, "Come and have a drop of beer"—I said, "No"—she gave the shilling into my hand at the bar, and I thought it was a good one—she asked for half-a-quartern of gin, which she drank—at first she had a quartern of rum, with good money—she got the change—she handed me this shilling before she had the gin—I put it on the counter—the policeman took it up, but not directly I put it down—I do not know whether it got into Mrs. Lord's hands—she called her husband—I think she had the shilling then—I did not give it to her—I put it on the counter—I saw Mrs. Lord take the shilling up.
MRS. LORD re-examined. Some rum was bought about an hour before—they went away, and came again—the rum came to 4d. I gave her a sixpence and two pence change—I took the last shilling off the counter—Jacobs put it down—while I was drawing the gin, the prisoner passed it to her, after the gin had been called for.
THOMAS MIDGLEY . I keep the Twelve Bells public-house, in Bride-lane. On the 27th of November, between three and four o'clock in the afternoon, I served the prisoner with half-a-pint of beer—she offered me a bad shilling in payment—I told her it was a bad one, and asked where she got it—she said, "I got it of my husband, on the coach stand, near my house"—I asked her his name, that I might send for him—she said it was of no consequence—I told her I should give her an opportunity of stating who she was to the inspector—she then made a rush to get out, and I endeavoured to get her back into the house—she said, if I did not let her go, she would split my head open with a clog which she had in her hand—to prevent a crowd getting round the door, I let her go, followed her, and gave her in charge—I kept the shilling in my possession, and gave it to Sergeant Munday—I did not part with it at all.
GUILTY . Aged 21.— Transported for Ten Years.
Before Mr. Baron Alderson.
357. FREDERICK EDWARDS was indicted for feloniously assaulting Thomas Husband, on the 12th of December, and cutting and wounding him in and upon his thighs, with intent to do him some grievous bodily harm.
THOMAS HUSBAND . I am a porter, and live in Glass House-street, Rosemary-lane. On Sunday morning, the 12th of December, between eight and nine o'clock, I was at a beer-shop in the Minories, having a pint of beer—the prisoner was outside the door—I knew him before by sight—said to me, "Flashy place,"or "flashy chap," I cannot say which—I he said, "Go on; what are you hallooing at? what do you mean?"—I waved my hand at him, and I might have slapped him on the face, I do not know—
he then called me "Irish s—," and "Flash Tom"—that made me rather angry—I ran after him to Tower-hill—he ran away as far as Postern-row—I overtook him, and was going to hit him—I cannot swear I did not hit him—he stooped down, with his back against the railing—he drew his hand behind me, and I found myself cut in both my thighs—I saw a policeman, and said I was stabbed—the policeman took him—I said, "You have stabbed me twice"—he said, "No, I have only stabbed you once"—I was taken to the doctor's—the prisoner said to the policeman, "Here is the knife"—he had it in his hand—I am twenty-four years of age.
Prisoner. He swore twice at Lambeth-street that he did not strike me, and he struck me two or three times. Witness. I cannot swear I did not strike him—I was not struggling with him at the time I was cut—he was waiting for me coming up to him—he stooped down, and I fell against the railings with my hands—he then put his hand behind me, and I felt myself cut.
DANIEL LYONS (police-constable H 187.) I heard the prosecutor say, "Policeman, I am stabbed"—I went up, and saw the prisoner—he was coming against me, and when he saw me, he said, "I have stabbed him, and here is the knife I stabbed him with"—I asked him why he did it—he said, "Because he struck me," that he ran after him from the Minories till he came up to him, and struck him, and with that he used the knife as resistance.
WILLIAM BROWN . I am a surgeon. The prosecutor was brought to me by the policeman between eight and nine o'clock—I dressed the wound—it was on one thigh—it was about four inches in length across the centre of the thigh, and about a quarter of an inch deep—it just went through the integuments into the muscle—the knife had evidently gone across the left thigh, and jobbed into the other, so that it had occasioned a punctured wound in the right thigh—being in a good muscular part, it would soon get well—the policeman showed me a knife, and it appeared to have been done by such an instrument.
Prisoner's Defence. On the Sunday night, I and my brother came out, and crossed to look at this beer-shop, as another man had taken it, and there were some new things on the counter—the prosecutor was standing at the front talking to some one—he said, "Go on, what do you want there?"—I said, "Oh"—he came out, and was going to shove me away—I had a stick in my hand which I was cutting—I held it up as if going to hit him, but I did not—he hit me across the mouth rather hard—I then called him Flash Tom, and Irish—he ran after me—when I got to the pump, I stooped as he was close to me—he struck me two or three times—I went to clasp my arras round him, and the knife cut him—I did not do it intentionally—I should not have taken out the knife, but I was cutting the piece of stick, and had it in my hand.
GUILTY . Aged 16.—Strongly recommended to mercy in consequence of the provocation.— Confined Nine Months.
Before Mr. Justice Patteson.
358. ELIZABETH BROWN and ELIZABETH RICE were indicted for stealing, on the 6th of December, at St. James, Westminster, 3 spoons, value 10s.; 1 ring, value 2s.; 147 sovereigns, 3 half-sovereigns, 2 half-crowns, 2 10l. and 4 5l. bank-notes; the property of William Osmond, in the dwelling-house of James Watts.
JANE OSMOND . I am the wife of William Osmond, a cooper, and live at No. 29, Berwick-street, in the parish of St. James, Westminster—we occupy the front-room, first-floor—Mr. Watts is the landlord, and lives there—there is one street-door, of which we all have a latch-key. On Monday morning, the 6th of December, just after ten o'clock, I went down into the kitchen to get some water—I left my door ajar—I was gone it might be ten minutes or a quarter of an hour—I cannot exactly say the time—when I returned I did not observe any thing particular—I went out again in about a quarter of an hour—I locked my door then—I returned in about twenty minutes, and then went to the drawer for some money—I had not seen that drawer since ten o'clock—there was a bag in it containing 190l. altogether—there was two 10l. and four 5l. notes—I cannot say exactly how many sovereigns—when I returned to my drawer it was all gone—I also missed two half-crowns, a ring, and three spoons—I have seen the prisoner Rice, I think, twice in the kitchen, washing.
Cross-examined by MR. PAYNE. Q. Did you find the door locked when you came back again? A. Yes—the property must nave gone during the ten minutes I left the door ajar.
ANN BARTON . I am the wife of William Barton, and live in Tudor-place, Tottenham Court-road. I know the prisoners—they are mother and daughter—they lodged in the same house with me. On Monday morning, the 6th of December, from ten to eleven o'clock, I saw them on the stairs—they went out into the street together.
ANN LANGFORD . I live in Edward-street, Berwick-street, which is about half a dozen doors from Mr. Watts's. I know the prisoner Rice—I saw her in Mr. Watts's yard on the morning of the 6th of December, about eleven o'clock, or a little after—she was apparently watching for some one in the house—I do not know Brown—I never saw her in my life before.
Cross-examined. Q. Do you know whether Rice has a daughter living with a French lady in Mr. Watts's house? A. Yes, and on the same floor as the prosecutrix—she goes by the name of Annie—I have worked for Mr. Watts for seven years, and know his name to be James.
CATHERINE HOLMAN . I am apprentice to Mr. James Watts, a fringe and tassel manufacturer—he rents the house No. 29, Berwick-street, and resides and sleeps there. On Monday, the 6th of December, I saw the prisoner Brown at the foot of the stairs, and as near as I can remember, about eleven o'clock.
Cross-examined. Q. Did you know her before? A. No, I had never seen her before—I am quite sure she is the person—I saw her for about a minute, as I came from the back parlour to the front.
JOHN SIMPSON . I am a shoemaker, and live in Tottenham-court-road. On Monday, the 6th of December, between twelve o'clock and half-past, the prisoners came, and purchased two pairs of boots of me, for which Rice paid with a sovereign—I think I had known Rice before—I have not the least doubt they are the same persons.
Cross-examined. Q. What was the price of the boots? A. 5s. 6d. a pair.
JOHN GRAY . I am a policeman. In consequence of information I went to the prisoners' lodging, No. 10, Tudor-place, on Monday afternoon, the 6th of December, about three o'clock—neither of them were at home
—I waited till they came—Rice came in first—I asked her if she had been to No. 29, Berwick-street, that morning—she said she had—I asked her what for—she said she had been to Madame Francis on the Sunday night, and Madame Francis desired her to come again on the Monday morning, for some money which was owing to her—I asked how long she remained there—she said, "About twenty minutes, in the room" (I supposed she meant Madame Francis's room) I said, "Where did you go after that?"—she said, "To No. 15, Clarges-street, Piccadilly, to obtain an order for a coal ticket"—I said, "When did you see your daughter Betsy last?"—she said, "I have not seen her since about ten o'clock this morning"—I waited in the room about an hour or an hour and a half, Brown then came in, and seeing me she immediately ran away—I ran after her, and took her back into the room—in coming down stairs I took from her hand this silver spoon—we then proceeded along Tottenham-court-road—on the way to the station I felt something knock against my leg, and on feeling it, Brown said, "You have got it, I know what you want, it is all there"—she said, "The door was open, I took it; my mother nor Annie know nothing about it; I told my mother I had got some money, but I did not name the amount," or, "she did not know the amount, "I will not be positive which—I took both the prisoners to No. 29, Berwick-street, and cut from the bottom of Brown's petticoat the whole of the property now produced, which is four 5l. notes, two 10l. notes, 147 sovereigns, three half-sovereigns, two half-crowns, two spoons, and a ring—the two spoons are the same size of that I found in her hand.
Cross-examined. Q. How were they fastened up? A. The petticoat appeared to me a double one, and the property was let in between, it was at the bottom, close against her ancle—I had made her no promise or threat before she made this statement to me.
MRS. OSMOND re-examined. These spoons and earrings are my property—I have had them a great many years—these are my notes—they were left in the bag with the spoons—I had not taken the numbers of them.
Cross-examined. Q. I believe all the things you lost were in one drawer? A. Yes—it was not locked.
(Brown received a good character.)
BROWN— GUILTY . Aged 22.
RICE— GUILTY . Aged 44.
Confined One Year.
359. CATHERINE BRYAN was indicted for stealing, on the 6th of December, 1 bed, value 10s.; 1 fender, value 1s.; 1 tea-kettle, value 1s.; 1 saucepan, value 1s.; 1 broom, value 6d.; and 1 chair, value 18d.; the goods of Richard Langley.
RICHARD LANGLEY . I live at No. 1, Church-street, St. Giles's, and let ray rooms furnished and unfurnished. The prisoner applied to me the week before last to take a room in my house—she took the top room—the bed, bedding, bedstead, three chairs, a table, fender, tea-kettle, saucepan, and other articles, were in it—I agreed to let it to her—the servant gave her possession—I never saw her in the house myself afterwards—she applied for the room about the middle of the week, and said she would come and take it—on Sunday morning she came and asked me for the key, and gave her name as M'Carthy—she said she would come presently for the key—not seeing her all the week, last Saturday I broke open the door, and
missed all the articles stated—I went with a policeman to No. 21, St. Anns-court, to look for the things, and found them all there, in the front kitchen, where the prisoner was.
ANN MOORE . I am the prosecutor's servant. I was present when the I prisoner hired the room—these articles were in the room then—I gave the prisoner the key on Sunday evening, when she came to me—she went up stairs to the room directly, and on Monday evening I saw her there about six o'clock—I cannot say whether she slept there—she always left the door locked—no husband, nor any body calling themselves her family, ever came to the room—I went to St. Ann's-court, and saw the things, which I am positive are what had been in our house.
JOSEPH WOODS . I am going on for eleven years old, and live at No. 21, St. Ann's-court—Mr. Boyd keeps the house—I know the prisoner—I remember her coming to the house on Monday night, and bringing a bed and a chair—she had the front kitchen in the house—the kitchen was empty before she came—she brought the things, and put them there.
JOHN SHEEN . I apprehended the prisoner on Sunday morning, in St. Ann's-court and found all these articles in the kitchen—she said she had never lived in the prosecutor's house, and that the articles were her own.
Prisoner's Defence. I never—took the room, and never went into it at all, and know nothing about it; the bed is mine, and has been so for six years; I had witnesses to prove it, but my time is too short: as to the other articles, I bought them of a woman in the street, and paid for them.
GUILTY . Aged 47.— Confined Two Years.
Before Mr. Baron Alderson.
RICHARD MANEY . I am one of the Thames Police-constables. Yesterday morning, at eleven o'clock, I was at the Fox-under-the-hill cause-way, and saw the prisoner, who is what we call a "shore-raker"—he was near the barge Charlotte, belonging to Robert Pugh and his son—I saw him reach up and take a quantity of coals from inside the barge, put them down into a cloth, tie it up, put it on his head, and come up the causeway—I stopped him when he came up—I asked where he got them—he said he picked them up out of the mud—I told him I had been watching him, and saw him take them.
Prisoner's Defence. I picked them up in the dock; they dropped on the ground as they were pitching the sacks.
GUILTY . Aged 13.— Transported for Seven Years—Convict Ship. (The policeman stated that the prisoner had been several times summarily convicted of like offences.)
Before Mr. Justice Patteson.
361. HENRY WYBROW was indicted for stealing, on the 4th of December, 7lbs. weight of pork, value 4s., the goods of Thomas Weaver ; and JAMES WAY and SARAH WAY, alias King , for feloniously receiving the same, knowing it to have been stolen; against the Statute, &c.
MARY ANN WEAVER . I am the wife of Thomas Weaver, a butcher, and live in Lower-road, Islington. On Saturday, the 5th of December, about a quarter to eleven o'clock at night, I missed a salted leg of pork from the stall-board—I had seen it safe five minutes before—I did not see any one take it, but a little boy I had with me did—I ran out, and up Church-passage, but saw no one with the pork—this is the leg of pork—(produced)—it was brought to me on Sunday—I had salted it with salt-petre and sugar, and it was cut in a different way to what pork-shops in general cut it—it was cut more like a leg of mutton—I am positive this is the leg of pork I missed.
JOSEPH MORRIS WADSWORTH . I am a butcher. I cut up a leg of pork for Mrs. Weaver—I cannot positively say whether this is the same—I cut it very badly, as I had a very bad knife, and this is cut badly—I cut it from a side, which was all cut up into joints, and left in the shop.
MARY ANN WEAVER re-examined. I had only this leg and the hand salted, all the other part was sold, so there was nothing left to compare it with, except the brine—I owned to it directly the policeman brought it is in—it weighed the same as the leg I lost, 7lbs.
WILLIAM SANDFORD WALTON . I was in Mr. Weaver's employ. I did not see the leg of pork taken—a person passing by told me of it, and I ran out—I saw a boy running, with the leg of pork in his hand—I was about three yards from him when I first saw him—he turned round the passage leading to the church—I could not see his face—he was bigger than me, but was not a grown man—I followed him till I got into the dark part of the church-yard—I was fearful of going any further—I cannot tell who it was—his dress answered to that of Wybrow—he had a coat and a flat cap on—it was eleven o'clock at night.
JOHN CHARLES BEALE (police-constable N 11.) Last Sunday morning, between nine and ten o'clock, I went to No. 1, Ross-place, Islington—I there found the three prisoners, Wybrow sitting by the fire, and the other two in bed—I found this leg of pork on a table in the room—I went in on a sudden, with Ching, another constable—when I got in, I said, "Here is a leg of pork"—James Way said, "I bought it at Newgate-market," and Sarah Way then said, "I bought it at Newgate-market"—Wybrow said nothing—I knew him before, and have frequently seen him about Islington—I had seen him the evening before, about the Lower-road, between seven and eight o'clock, and again between nine and ten, about a hundred yards from the prosecutor's—he had on a flannel jacket, a pair of trowsers, and a kind of dark-blue cap—I saw him about half a dozen times, and watched him for about ten minutes at a time.
WILLIAM CHING (police-constable N 300.) I went with Beale, and apprehended the prisoners—I have heard what Beale has stated—it is quite correct—James Way said he paid 5d. a lb. for it at Newgate-market.
James Way. You asked me where I got it from, and I said it was bought at Newgate-market. Witness. You said you bought it there.
Sarah Way. It is too bad; every time this constable takes him (James Way) when he is in trouble, or gets into a row, he tells him about his brother, who was transported, and says, "I will send you where your brother is, and that is where you ought to have gone a long while ago." Witness. I
did nothing of the sort—Beale was with me all the time—I do not think the Ways are married.
Sarah Way. No, I am not his wife, I live with him; I bought the leg of pork in Newgate-market, and there was a piece of mutton pat in to make up the weight to 7 1/2 lbs.; the police took the hit of mutton away, but they have not brought that, only the pork. Witness. There was a piece of mutton there also, about half a pound.
Wybrow's Defence. I was in bed about half-past eight o'clock on Saturday night, and the policeman never saw me.
James Way's Defence. I received my wages, 19s., about a quarter to eight o'clock on Saturday night—I went out and returned home about half-an-hour before twelve o'clock—I asked her what she had got for dinner—she said, "A piece of pork and a bit of mutton," and that it weighed 7 1/2 lbs.
Sarah Way's Defence. Mrs. Weaver said on Sunday morning that she did not think it was hers, and afterwards when the constable spoke to her she said it was, and that she knew it by the salting.
WYBROW†— GUILTY . Aged 18.
JAMES WAY— GUILTY . Aged 22.
SARAH WAY— GUILTY . Aged 21.
Confined One Year.
Before Mr. Baron Alderson.
362. HENRY SAUNDERS, WILLIAM LEE, THOMAS NORTON , and WILLIAM WAY were indicted for assaulting William Ching, James Miller, and Christopher North, three police-constables, with intent to rescue.—2nd COUNT, stating it to be for assaulting the constables in the execution of their duty.
WILLIAM CHING (police-constable N 300.) I was one of the constables who had in my custody the three last prisoners who were tried, Henry Wybrow, James Way, and Sarah Way, charged with stealing a leg of pork. On the 6th of December, we took them from Islington station-house to Hatton-garden police-court about half-past ten o'clock in the morning—as we were going along High-street, which is in a line with Upper-street, the defendant, William Way, came and spoke to his brother James, who was a prisoner—I did not hear what he said, there was so much confusion—we were hustled by a crowd of persons at the time, and I told him to go away—he went away for a time, and came back with Saunders, who said to James Way, "Why do you go with him, why don't you make three or four take you?"—I told him if he did not go away I would take him into custody—he defied roe, saying I could not do so—he thrust himself between James Way and myself, as if he wished to separate us, and I then took him into custody—he immediately seized me by the collar with hoth hands, and threw me violently down on my back—Inspector Miller and Sergeant North then came to my assistance—I and North got Saunders as far as Arlington-street, near Sadlers-well's theatre—he then became very violent and tried to bite me, in fact, he did bite my hand slightly—while we were struggling, Lee came behind me, and I was thrown down, I believe, by Lee—I did not see who threw me down, but when I got up Lee was on the ground—he had been struggling with me—we then got the assistance of some constables of the letter G division, being near the station-house—I then saw William Way among the crowd, and pointed him out to one of the letter G constables—I did not see what he was doing—I was so much hurt, I was obliged to be taken to the hospital.
Cross-examined by MR. BALLANTINE. Q. Lee—was lying on the ground was he? A. Yes, at the same time I was—I could only see his legs—I had not used my staff—it was not out of my pocket—there were four policemen altogether with the Inspector—there were only two when we first started from the station—my back was bruised—I was cupped at the back at the hospital—I was struck on the head, but that was not treated at the hospital.
JAMES MILLER . I am an Inspector of police. I assisted in taking the prisoners from Islington-station to the police-court—in Upper-street there was a great disturbance and crowd collected round the officers—the persons in the crowd cried out—one in particular, though I do not know who he was, said, "Why don't you make several of them take you? why do you walk? don't walk"—that was addressed to the prisoners Wybrow and the two Ways—at that time I should think there were about fifty people in the crowd; several women and children, and children in arms—when we got near the turnpike Ching took hold of Saunders, who instantly seized him—they closed together, and Saunders threw him down and fell upon him—I went up and pulled Saunders off—he was kicking and making great resistance in every possible way—he had hold of Ching's collar, and was very violent—Sergeant North then came up—he and Ching took hold of Saunders by the collar, one on each side, and led him forward, he still making great resistance, plunging and kicking—when we got on to Arlington-street, opposite Sadler's-wells Theatre, Saunders again commenced a great resistance, turned round, and tried to bite Ching—I immediately stepped up to assist Ching, and my attention was drawn to Norton, who called out to Saunders, "Give it him, go it, b—t him, kick him"—Saunders was then making great resistance, and kicking violently—Norton was about five yards off on my right hand—there was then a dense crowd, a great crowd, making a great noise—at that moment Ching was thrown down—I did not see who threw him down—he laid on the ground with the prisoner Lee, who had got his legs round Ching's neck—Lee was undermost, and was twining his legs round Ching's neck—both were on their backs—Norton still continued to make these vociferations, "Give it him, go it"—a person in the crowd undid Ching's belt by which Lee had hold of him, and also released his legs—Lee had got his hands fast by his belt behind, as well as his legs round his neck, and both were on their backs—I could just see Lee's head under Ching's belt—they were twined like two snakes—as soon as I saw Ching released, I seized Norton—he resisted violently till one of the letter G constables came up and took him from me.
Cross-examined by MR. PAYNE. Q. At the time this struggle was going on between Saunders, Ching, and Lee, where were the persons who stole the leg of pork? A. They were on in front, in custody of some other policemen at that time, and also when Norton used the expressions I have stated—there was a great crowd and noise.
Cross-examined by MR. BALLANTINE. Q. I should just like you to tell me again the position of Lee? A. He was undermost, with his back on the ground—they were in the road—it is a Macadamized road—his heels were spread out, I think, towards the pavement—Ching was lying in Lee's lap, as it were—his head was certainly on part of Ching's body, not quite over him—his legs were not on him—I cannot say what Ching was doing with his hands—he was lying on his back, and I suppose he was striving to extricate himself—I did not see what he was doing with his hands.
CHRISTOPHER NORTH (police-sergeant N 17.) The first I saw of this was Saunders, who came up by the side of us—he told James Way not to go with us, and said, "Why don't you make four of them take you? give them a b—Swiss hit; no b—four men should take me"—he had nothing in his hand—Ching then took him into custody—I went about forty or fifty yards with the prisoners we had in custody—I then gave them into the custody of another constable, and returned to Ching's assistance—Inspector Miller came up—I assisted Ching to bring Saunders along—he was very violent, and tried to throw us down—when we got to Arlington-street he attempted to bite Ching—the larceny prisoners had gone on with the other constable, to whom I had given them—no further disturbance was made towards them after Saunders was taken into custody—when Saunders attempted to bite Ching, Lee immediately came up behind Ching, took hold of him by the back, and kicked him several times—I did not see him throw him down—I had Saunders in custody—Ching was knocked down—Saunders struck me several times and kicked me—after scuffling for about six or seven minutes, I threw him down, and there kept him down till the assistance of the G division came up, and he was taken—he attempted to get a knife out of his pocket several times.
Cross-examined by MR. BALLANTINE. Q. You saw Ching down on the ground? A. I saw him lying down on the pavement, not in the road—that was after I saw Lee kick him—it was the consequence of the kicks—I do not know what became of Lee then—when Ching fell down I saw several persons round—I could not see more—I did not see any body on him—I was ten or twelve yards off—there were a great number of persons about—Lee was the nearest person to Ching—I had Saunders in custody, and Ching also had him at the time Lee kicked him—Lee was close to me at that time, but after Ching was thrown down, I went on with Saunders as far as I could get—I did not see who Ching fell on, or what became of Lee.
SAMUEL HILL . I am one of the officers of the Rule Office, in the Queen's Bench. I was near Arlington-street, and saw Saunders in custody of one of the constables, I rather think it was Ching—there was a great crowd—my attention was drawn to Saunders's violent conduct to one of the policemen—he was making very great resistance—I saw Lee with his feet round Ching's neck, and I thought Ching's life was in danger—I thought he would have been choked—Lee was very violent, and was knocking him about in all directions—he was on his back, but his legs were round Ching's neck, so that he could make little or no resistance—Lee was kicking with his feet, and knocking with his hands, as violent as he could be—I afterwards saw Lee at the police-station, and said to him, "How could you ill use the man so, I wonder you had not killed him"—he said, "I would if I could."
Cross-examined by MR. BALLANTINE. Q. You seem to have taken a very strong opinion about this? A. Yes, I rather think I have—my impression was that the man was in very great danger—I did not observe that Lee appeared to have been injured—I cannot say where his head was when he was lying down on his back, there was such a crowd at the time, but I recollect perfectly well seeing his legs round Ching's neck, and Ching was on his back, I think—I cannot say positively—I cannot say whether he was covering Lee—there was a very great crowd—I saw no one down but Ching and Lee—when I first saw this, I was, I think, seven or eight
yards off; indeed, I could not pass on—I did not see what Ching was doing with his hands.
WILLIAM BRETT . I am a tobacconist and stationer. I was close by the Angel, at Islington, and saw Saunders in custody, and a large mob of people following him—I heard the mob hurrahing, which induced me to go over, and see what was the matter—I saw Saunders try to get away from the officers, by plunging himself backwards and forwards—I followed them to Arlington-street—there was then a cry among the mob of, "Give it him!"—Saunders tried to throw the constable down, and at the same moment William Way came up behind him, to assist Saunders in getting away—he caught hold of Ching behind, and assisted Saunders in making his escape, if possible—Ching threw his arm back, and beat Way off—he and Saunders then fell down together, and then Lee, I believe, made the attack on him—I saw Lee there, struggling with Sergeant North, but I went to the station.
Way. He is swearing quite falsely, I was not within four hundred yards of the place at that time—he did not state at Hatton-garden that I was there. Witness. Yes I did—he was there, and had a brown coat on.
JOHN CHARLES BEALE (police-constable N 11.)—I was one of the constables who took the larceny prisoners into custody—as we were going along High-street, Islington, close to the station, I saw a mob of twenty or thirty people on the pavement, and among them the four prisoners—I and Ching were going along with our prisoners, and I saw the parties close in on us—I immediately called out for further assistance, thinking there would be an attempt to rescue the prisoners—Sergeant North immediately came from the station—we went along High-street, till we came to the corner of the Liverpool-road, the mob following us—Ching then took Saunders into custody, and I saw Saunders strike Ching with his left arm on the head—that was all I saw—I then went on with my prisoners, and another constable, to Hatton-garden police-court, and saw no more—we got to Hatton-garden without any further molestation.
Cross-examined by MR. PAYNE. Q. What time was it when yon left the station? A. Between ten and eleven o'clock—it was not soon after ten—it had gone the half-hour by our clock when we left the station.
JOSEPH ROULSTON . I saw Ching and Lee on the ground together—Ching was down between Lee's legs—Lee had got hold of Ching with his left hand by the belt, and was hitting him about the head with his right hand, and kicking him about the head at the same time—I kneeled down on Lee's chest, unbuckled Ching's belt, and released him from Lee—I held Lee down by the collar with my left hand.
Cross-examined by MR. BALLANTINE. Q. Where was the buckle of the belt? A. In front—Ching was lying on Lee—he was trying to unbuckle the belt himself, putting his hands down to do it—I am quite certain about that, and I assisted him in undoing it—I had not to put my hands underneath, he was lying on his back; at least he was on him, sitting down—they were both sitting down, sitting and lying, as it were, for he could not lie down flat—Ching could not—Lee was lying down, and I knelt on him.
MR. PAYNE called
SAMUEL ISAACS . I am a gentleman, and live in Claremontternce—my property consists of houses—Norton was in my employ as a bricklayers' labourer and plasterer. On the day in question, he called on me between
nine and ten o'clock, to go to a job—I have known him many years in the neighbourhood—he has worked for me about six months—I never saw any thing quarrelsome of him—he is a tee-totaller—I never heard him swear an oath.
ELIZABETH HARROLD . I am the wife of a labourer, and live in Parsley-court, Islington. I saw the persons charged with stealing the leg of pork, in custody, and a great number of persons—I was coming from my work—I saw Norton there—he stood next to me, at the bottom of Arlington-street, by Sadlers-wells—we were both looking on.
Q. Did he say, "Give it him, go it, b—t him, kick him?" A. I heard the expressions used, but it was not by Norton.
COURT. Q. You did not hear him use them? A. No, nor any improper language whatever—I was quite near enough to have heard him if he had used it.
EDWARD M'MAHON . I am a shoemaker, and live at Islington. I was returning from Kingsgate-street, and saw the mob—I got into the crowd—I saw Norton there, and was near him—I did not hear him say, "Give it him, go it, b—t him, kick him"—I was near enough to have heard it if he had said it.
Saunders's Defence. On the 6th of November I was going along High-street, Islington, to my work, and saw a mob by the Liverpool-road—I went to see what it was, and saw two prisoners in custody—as soon as I went up, Sergeant North shoved me a way-right into the road—I stumbled, and Ching directly came and collared me; I asked why he did so—he would not tell me—I said, "Tell me what you collar me for, and I will go quietly"—he said, "Never mind what, I have got you right enough"—I said I would not go without he told me—he caught me by the throat, and began shaking me—we struggled, and fell, I on the top of him, or on the side—Inspector Miller and North came and pulled me off; Ching got up, laid hold of me again, with North, pulling my neck-handkerchief—I was eating some bread-and-butter at the time, and they very nearly choked me; I said, "Will you allow me to have my knife out to cut my handkerchief, I can't go along like this, you will choke me?" they still collared and shook me about; they said, at Hatton-garden, that I tried to get my knife out—I never tried to do any thing of the kind—I asked them to get it out, and cut my handkerchief—they were completely choking me; I was getting black in the face; the persons round, said, "Leave go of his collar;" they would not, but kept shoving me about all the time; somebody, I cannot say who, shoved in, and I got several hits on the head, and kicks from the mob and the policemen; Lee was taken, as they said be struck a policeman, and kicked him; I never saw any thing of it: some of the G division came up and took me into custody, and at Hatton-garden they said I went to speak to the prisoners, but I only went to look on, the same as other persons.
SAUNDERS— GUILTY . Aged 19.— Confined Six Months.
LEE— GUILTY , Aged 18.— Confined Four Months.
NORTON— GUILTY . Aged 23.—Recommended to mercy.
Confined Two Months.
WAY— GUILTY . Aged 27.—Recommended to mercy.— Confined Three Months.
On the second Count.
NEW COURT.—Wednesday, December 15th, 1841.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 23.— Confined Three Months.
GUILTY . Aged 60.— Confined Three Months.
GUILTY . Aged 22.— Confined Three Months.
GUILTY . Aged 50.— Confined Three Months.
GUILTY . Aged 24.— Confined Three Months.
GUILTY . Aged 27.— Confined Three Months.
369. MARY ANN COULTRUP was indicted for stealing, on the 8th of December, 12 yards of worsted cloth called plaid, value 15s.; 3 spoons, value 1d.; 1 saucer, value 1d.; 1 plate, value 1d.;1 knife, value 1d.; 1 fork, value 1d.; and 1 pair of scissors, value 1d.; the goods of Maria Pedder, her mistress; to which she pleaded
GUILTY . Aged 17.— Confined Four Months.
Cross-examined by MR. PAYNE. Q. Who did you leave it with? A. With no one, but in the room—it is a very old one—here is a piece of mother-of-pearl in the handle—it is one which any one could identify.
come in and take five umbrellas from the stand—I caught him on the top of the stairs with them.
Cross-examined. Q. Where is the stand? A. About one yard from the door—I took four umbrellas from him—this one he said was his own—he seized me, and I struggled with him—I saw him throw this one from him, and the policeman took it up.
GUILTY . Aged 25.— Confined Six Months.
371. JAMES KING was indicted for stealing, on the 2nd of December, 24 leather straps, value 3l.; and 1 candlestick, value 10s.; the goods of our Lady the Queen; and FRANCES KING , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
JOHN BELLAMY . I am housekeeper to the House of Commons. This candlestick belongs to the House of Commons—all the furniture there belongs to the Sergeant-at-arms—an application is made to the Woods and Forests to furnish the House—the articles are sent in to my care, and I, being the representative of the Sergeant-at-arms, take it to be his property—I believe this to be one of the candlesticks sent by the Woods and Forests—there are certain marks on it by which I know it—here is "W. R. IV." on it.
Cross-examined by Mr. PHILLIPS. Q. How long is it since you saw this candlestick? A. I do not know—certainly under the reign of William the Fourth—I do not know any instance of any being sold—I am sorry to say a great many are missing—I am afraid there are a great many bad people about the House.
SAMUEL ATKINSON . I am a Greenwich pensioner. I found a bundle on a young woman's premises, named Sarah Fireman—it contained these straps, this candlestick, three painting brushes, and some other things.
Cross-examined. Q. Is Sarah Firman a stranger to you? A. No; I have known her, off and on, for eleven or twelve years—I have belonged to Greenwich two years on the 19th of this month—I came up to London last Tuesday—I am not cohabiting with Firman—I have seen her in the town of Greenwich.
SARAH FIRMAN . I live in Church-row, Greenwich. The prisoner Frances King, who is the wife of James King, came to my room on the 3rd of December, between ten and eleven o'clock—she said she was going over to her mother's, and would call again as she came back, but she did not call—she left a bundle containing these straps, this candlestick, a bottle-jack, a pair of boots, a waistcoat, and three brushes—I did not know her before, but I am sure she is the woman.
Cross-examined. Q. How long have you known old Atkinson? A. Between eleven and twelve years—I did not think I was his wife—I never said so, on my oath, that I was his wife.
Q. Did you never swear that you was his wife, and afterwards, when you found it contradicted by him, did you not retract it?—and mind how you answer. A. No—I could not swear that I was his wife—at the police-office, before the Justice, I passed as his wife—I have not lived with him since I have been in Greenwich—the pensioners are not allowed to live with women.
JAMES LAWRENCE MITCHELL . I have the care of the House of Commons—these have the appearance of being the straps used there—we have them from the Stationery Office—I have seen James King occasionally working about the House of Commons—he was employed the last time at a house in Abingdon-street, which is attached to the House of Commons—he was employed where these straps are.
Cross-examined. Q. How many hundreds of men are employed about there? A. I cannot tell—there are a great many.
GEORGE GOLD (police-sergeant R 2.) I went after Frances King—I saw her, and told her what I wanted her for—I had the straps and other things in a bag—she said they were their property—she went in to her husband, who was in the adjoining room, and told him—he said he had bought the straps, and the others things were given him by his father.
Cross-examined. Q. Did he tell you where he had bought them? A. Yes—he said he bought them eight or nine years ago of a marine-store dealer in Grey Eagle-street, Spitalfields, who was since dead—I did not go there to inquire.
NOT GUILTY .
372. SAMUEL BUNDY WILLIAMS was indicted for stealing, on the 7th of August, 46 forks, value 61l.; 72 spoons, value 71l.; 1 tankard, value 16l.; 1 fish-slice, value 3l.; 1 wine-funnel, value 3l.; 1 muffineer, value 1l.; 1 knife, value 10s.; 1 pair of sugar-tongs, value 10s.; 1 tea-pot, value 16l.; 1 sugar-box, value 11l.; 1 saucepan, value 5s.; 1 milk-ever, value 3l.; 1 cruet-frame, value 6l.; and 2 cruets and tops, value 1l.; the goods of John Allen Giles, clerk.
MR. CLARKSON conducted the Prosecution.
REV. JOHN ALLEN GILES , CLERK, D. C. L. I live at Windlesham-hall, in Surrey. In May last I entered into an agreement with the prisoner to occupy my house at Windlesham—I have a copy of the agreement by which he became a tenant of Windlesham-hall, at the rate of 100l. for six months, or 200l. for twelve months—he took possession of it on the 5th of May—I deposited my plate in a cabinet in my library, in the prisoner's presence—it was a large high cabinet standing against the wall—there were about forty-six forks, seventy-six spoons, and the other articles mentioned in the indictment—I considered the whole of it to be worth about 200l., and there were two articles of presentation plate, which had my name in full length on them, which were also in the cabinet—I went abroad with my family, and returned in July—I then went to France again, and on my return, after some communication with the prisoner, I went down to Windlesham on the 13th of September—I found the prisoner and his family there—the prisoner said to me, "I am sorry to say an unpleasant circumstance has occurred, I observed some person had been attempting your cabinet, and I therefore thought it necessary to take out the plate—I sent it to London, and deposited it in the hand of a friend"—I had never given him the slightest authority whatever to take any of my plate and pawn it—I had communications with him from time to time on the subject of the plate—I afterwards found it at Mr. Kirwen's, a pawnbroker, in the Strand—it is here now.
Cross-examined by MR. PHILLIPS. Q. The prisoner is married? A.
Yes, some friends and relations of my family had known Mrs. Williams—it was very faintly pointed out to me that the prisoner's object was to establish some school, which I was surprised to see, by an advertisement in the paper, was to a greater extent than I had expected.
JAMES HENRY STEWARD . I am assistant to Mr. Kirwen, a pawnbroker. I produce these articles of plate, which I received from the prisoner—the first articles were pawned on the 14th of June—about 110l. was advanced on the plate from time to time—they were pawned in the name of Windham—I think those pawned on the 14th of June, were taken out on the 28th of June, and repledged again on the 28th of August—they consisted of spoons and forks, a sauce-ladle and soup-ladle, which amounted to 40l.—no other articles were redeemed.
Cross-examined. Q. Did he pawn other things with you beside the plate? A. Yes, a diamond ring, worth about 24s. and a rifle gun, and a pair of pistols—he had redeemed 60l. worth of plate, and 4l. worth of other things—there have been no articles redeemed since the 28th of August.
REV. D. GILES re-examined. These are my property certainly, and are part of what was put in the cabinet, and secured there, and which he told me he had carried away for safe custody—the two articles which had my name on them were still left there, and two or three small articles, not worth 10s.
GEORGE WESTON (police-sergeant F 6) I took the prisoner in charge in Picket-street, Strand—I went to his lodging and found a carpet-bag and four glasses belonging to a cruet-frame—I have got all the plate from the pawnbroker's.
(Mr. Ravenham, of Richmond, gave the prisoner a good character.)
GUILTY . Aged 34.—Recommended to mercy by the Prosecutor.— Transported for Seven Years.
WILLIAM PAYNE . I am landlord of the Wheatsheaf Tavern, in Hand-court, Holborn. The prisoner was my cook—she left me on the 2nd of December, at five o'clock—I missed a silver spoon and fork—these produced are them.
Prisoner's Defence. I had just come out of the hospital. I was ill while I was there. I did it for distress. When I pawned the spoon I bought a pair of boots. I left my clothes with the intent of coming back to bring these back.
GUILTY . Aged 28.— Confined Six Months.
said he had lost a parcel out of a truck—I heard his story and went on—I saw the prisoner coming out of a public-house in Pudding-lane, with this parcel on his shoulder—it was about twenty minutes past two o'clock.
JOHN CLARK . I am porter to Mr. Robert Hill and another, in Shore-ditch. On Saturday last I was drawing a truck containing tobacco and cigars—this is a parcel of tobacco that was in the truck—I stopped at the corner of Love-lane about two o'clock—I was away about two minutes, and when I came back this parcel was gone.
Cross-examined by MR. BALLANTINE. Q. Are your masters here? A. No—I was taking this to the Castle and Falcon inn for Mr. Maitland—I suppose he had bought it—I am quite certain it was this parcel—the direction is on it now.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Four Months.
375. PHILIP SCANNALL was indicted for stealing, on the 4th of December, part of a pocket, value 1d.; 5 shillings, 2 sixpences, 12 pence, 15 halfpence, 1 farthing, and 1 piece of foreign coin, value 1d.; the goods of James Sandys, from the person of Margaret Sandys.
MARGARET SANDYS . I am the wife of James Sandys, I live at No, 2, George-street, St. Giles's; No. 5, also belongs to us; they are both lodging-houses for single men. I went into a room at No. 5, at three o'clock in the morning, on the 4th of December, to get the money which Kennedy had received during the night—I did not see the prisoner there—I sat down in a chair and fell asleep—there was no one there—when I went to sleep I had in my pocket five shillings, two sixpences, 1s. 7 3/4 d. in copper, and a foreign coin of Louis XVI.—my niece awoke me and said I was robbed—the prisoner ran out of the room as I awoke, and said, "Come out, you will get plenty of gin"—my money was gone, and part of my pocket—the remainder of my pocket was attached to my side—he had cut my pocket and my gown also—here is the gown he cut—the money was found on him—this is the French piece—I keep it as a remembrance of my husband's age—I have had it four years.
Prisoner. Q. Have you never had another such a piece in your possession? A. No, it does not matter whether I can read the superscription on it or not—this is my piece.
ANN HANLON . I am the niece of Margaret Sandys. I went from No. 2, into No. 5; to see for my aunt, and saw the prisoner putting the money into his right-hand pocket—he put part of the pocket on the table—the pocket was cut—when my aunt awoke the prisoner ran out.
Prisoner. I have been robbed, and they ought to be placed in the situation I am. I hear this witness has been but three weeks from Ireland, and has had a child by a policeman.
MARY KENNEDY . I am servant to the prosecutor. The prisoner came in and gave me 3 1/2 d. to go out for gin—my mistress was asleep when I went out, and no one was there but the prisoner—when I came back my mistress's niece said, "You are robbed"—I ran into the room and saw the pocket on the table—the prisoner ran out—I ran after him, seized him, and he struck me.
Prisoner. Q. Did you partake of any gin with me? A. No, indeed I did not.
the hands of the witnesses, and found on him five shillings, two sixpences, 1s. 7 3/4 d. in copper, and this foreign coin.
Prisoner. Q. Did you find any other money on me? A. Yes, a half-sovereign in your watch-pocket, and three half-crowns—the money I have stated was separate from all other money.
Prisoner's Defence. I had been driving a cab, and received different fares; I had 1l. 15s. 6d. in my different pockets. I left off work about midnight; I met a girl as I was coming home, who asked me to treat her; I took her to two public-houses, and treated her; she then wanted something to eat, and took me to a little shop in St. Giles's; and every body of experience must know the infamy and notoriety of St. Giles's. Well, I went; she had some soup, I had some bread and cheese; I then sent out for gin and beer; the old woman, Kennedy, came in, and had some; I felt a little stupified, and went out; the woman I had been with came after me, embraced me, and put her hand into my pocket; she then ran into a house over the way; I followed her, and there were three or four women in the passage, who pulled me about; I then went out, and thought perhaps I had only lost a shilling or two. I was going on, and these people seized me again. The money in my coat-pocket was my master's, as I can prove: the money in my fob was my own, which I had saved up. I hope you will recollect that this deceiver is worse than one of old: he could read the superscription, but this deceiver cannot. I hope you will "render unto Caesar the things which are Caesar's, and unto God the things which are God's."
(The prisoner received a good character.)
GUILTY . Aged 37.— Confined Six Months.
ELIZA PITTMAN . I am single, and am in partnership with my sister; we are straw-bonnet makers, and live in Great Portland-street. I missed this bonnet from my shop on the 13th of December—the officer brought it to me—it is one I made myself.
JOHN EATON (police-constable S 193.) On the 13th of December, about half-past six o'clock in the evening, I was in Great Portland-street, in private clothes—I saw the prisoner and another running down the street—the prisoner had something in his hand—I pursued, and took him in Wey-mouth-street—he dropped this bonnet on the ground.
Prisoner's Defence. It was another boy had it; I did not have it; it was dropped in the road.
GUILTY .* Aged 16.— Confined Nine Months—the last Week in the eighth and ninth Months in Solitude.
MARY BARRETT. I live servant in High-street, St. Giles's. On the afternoon of the 9th of December 1 went into a public-house in Monmouth-street with the prisoner, and drank some rum—I paid for it, and then put my purse into my bosom—it contained 10s. 6d., some halfpence and farthings—directly we came out she ran away—I put my hand into my
bosom, and my purse was gone—I ran after her, and kept fast hold of her till the officer came—this purse produced is mine.
JANE GARLAND . I am the wife of Thomas Garland. I searched the prisoner at Bow-street, just after two o'clock—I found on her 10s. 6d., two halfpence, and a farthing; and in the sleeve of her gown I found this purse—she said she had no money about her.
Prisoner's Defence. I found the purse in front of the bar when those men she was treating came out; I picked it up, not thinking it belonged to her. There were several persons in and out. I said I had nothing of the prosecutor's about me.
GUILTY . Aged 30.— Confined Three Months.
CHARLES NEWMAN . I live in Nelson-street, Stepney, with my father, Samuel Newman. About twelve o'clock, on the 13th of December, I was in my master's, Mr. Hassell's, shop—I saw the prisoner take a pair of trowsers from just inside the shop-door—I told Mr. Clarke.
Prisoner. They were hanging outside.
GUILTY . Aged 18.— Confined Three Months.
WILLIAM SHADWELL . I am waiter at the King William the Fourth public-house, in King William-street, Strand, kept by Mrs. Charlotte Ashton. About ten minutes to nine o'clock, at night, on the 1st of October, I missed the plate that covered the coal-cellar, and the next morning, about eight, the prisoner came, and said my mistress was fineable if she did not have the plate down, and he asked to be employed to put one down—my mistress asked him what it would come to—he said, "About 3s. or 3s. 3d."—she employed him to put it down—this one—(looking at it)—is the same pattern, and the same size as the one we lost, and I believe it to be the same.
JOSEPH THOMPSON (police-constable F 39.) I saw the prisoner in custody last Thursday—I asked him if he had got any plates at home—he said "No"—I went to his lodging, and in a cupboard I found nine cellar-plates, one of which is this that has been identified.
Prisoner. The officer came to me in the Strand, he got hold of an old man, and said he was cohabiting with me, he said he saw that man taking up plates, and recommending me to do the jobs, and I had never seen the man—I told this officer there were four or five plates in the cupboard.
GUILTY . Aged 64.— Confined One Year.
(There were three other indictments against the prisoner.)
CHARLES TARGATT . I am servant to a lady in Park-crescent About a quarter-past nine o'clock, on the 13th of December, I was going to Cumberland-terrace to fetch a lady home—I felt something at my coat, and found my handkerchief was gone—I seized the prisoner, who was before me, and saw my handkerchief in his left hand—I said "That is mine"—he said, "You are mistaken, Sir."
Prisoner. The handkerchief was lying down by my feet. Witness. No, it was in his hand.
CORNELIUS KENYON (police-constable S 184.) About a quarter-past nine o'clock that night I was called by the prosecutor to take the prisoner for taking the handkerchief—he said, "I did not take it, policeman, I did not"—I took him to the station, and found on him twelve duplicates, a cigar-holder, and another silk handkerchief.
Prisoner. The duplicates are my own—I hope you will look over it—it is the first time I ever was in custody.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Three Months.
THOMAS OAKLEY . I am foreman to Stafford Price and Son. On the 14th of December I received information and ran out—I saw the prisoner with six calf-skins on his back—he dropped them—I told the porter to follow him—I took the skins back—they are my master's, and the prisoner had no business with them.
JAMES COLE . I am a porter, and live in Cecil-court, St. Martin's-lane. About half-past eight o'clock in the morning of the 14th of December I saw the prisoner come into the prosecutor's shop and take the skins off the counter.
Prisoner. I was coming down St. Martin's-lane—I heard a cry of "Stop thief"—I ran as well as other people; a man stopped me and said I was the man.
GUILTY . Aged 23.— Confined Six Months.
GUILTY . Aged 21.— Confined Six Months.
MESSRS. ELLIS and ESPINASSE conducted the Prosecution.
MARY ANN M'PHERSON . I am the wife of Donald M'Pherson, who keeps a green-grocer's shop in Upper Ebury-street. On the 3rd of December, about two o'clock, the prisoner came and ordered some greens and potatoes to be sent to No. 5, Graham-street, with change for half-a-crown—I went to take them, and before I got there I saw the prisoner—he took the things from me, with the change, and gave me a bad half-crown—I put it into my pocket—I had no other half-crown there—it remained till the next day—I then marked it, and gave it to the policeman on the Monday after at Queen-square—I am sure it was the same.
Prisoner. If there had been another person there she would have sworn to him, but I was the first, and was sworn to. Witness. I have no doubt he is the person.
THOMAS STANTON . I am servant to Mr. Hornsby, a baker, in Belgrave-street. On the 3rd of December, about four o'clock in the afternoon, I met the prisoner coming towards our house—I had been sent with six-penny-worth of biscuits and change for a 5s. piece—he asked if I had got the change—I said, "Yes"—I gave him 4s. 6d. and the biscuits—he gave me a 5s. piece—I took it home, put it on the counter, and my mistress put it on the shelf—before I put it on the counter I had bitten it—I took it off the shelf next morning and gave it to the policeman.
Prisoner. He told the Magistrate that it was not marked till the next morning. Witness. It was not marked till the next morning with a cross, but it was marked where I bit it.
ANTHONY LANOING . I am in the service of Mr. Eden, a greengrocer, in Regent-street. On the 3rd of December, about seven o'clock, the prisoner came and ordered six penny-worth of apples, to be taken to No. 22, Holywell-street, and change for a 5s. piece—they were not sent—he returned and said his mistress was waiting for them—I was sent with them—I saw the prisoner in Holywell-street just before I got to the house—I gave him the 4s. 6d. with the apples, and he gave me a crown-piece—I brought it home to my master, and he said it was a bad one—it was never out of my sight till the policeman came—it was marked and given him.
GUILTY . Aged 18.— Confined One Year.
MESSRS. ELLIS and ESPINASSE conducted the Prosecution.
JOSEPH WILSON LIGHTFOOT . I am servant to Mr. Giblet, who lives in Tottenham-court-road. On the 9th of December the prisoner came to the shop for two papers of needles—they came to 2 1/2 d. she offered me a shilling, which I showed to my master—the prisoner was given into custody, and I marked the shilling.
JACKSON GIBLET . I am a draper, and live in Tottenham-court-road. On the 3rd of December I saw the prisoner in my shop—Lightfoot gave me a bad shilling—the prisoner said she was an unfortunate girl, and she had taken it of a gentleman—I gave her in charge, with the shilling which was marked.
EDWARD KIMPTON . My father keeps a stationer's shop in Great Russell-street. On the 4th of December, between four and five o'clock in the afternoon, the prisoner came for a sheet of paper—it came to 1d. she gave me a bad shilling—I told her it was bad, and asked where she lodged—she would not tell me—I asked how she came by the shilling—she would not tell me—I sent for the policeman, and gave him the shilling.
Prisoner's Defence. I did not know they were bad.
GUILTY . Aged 20.— Confined Six Months.
MESSRS. ELLIS and ESPINASSE conducted the Prosecution.
WILLIAM BERKLEY LLOYD . I am servant to Mr. Caswell, a grocer in Shoreditch. On the 7th of December, about three o'clock in the afternoon, the prisoner came and bought something, I cannot say what, but it came to 1 1/2 d. he gave me a shilling, and I gave him 10 1/2 d. I put the shilling into the till—there was no other there I am sure—my master went to the till in about half an hour, and took it out—(I am sure it was the one the prisoner gave me)—he put it into a division of the till where the farthings were—about nine o'clock the next morning the prisoner came again for half an ounce of coffee and two ounces of sugar, which came to 1 1/2 d. he gave me another bad shilling—I asked what be meant by bringing such things there—he said he did not know it was bad—I gave him into custody.
JOHN CASWELL . I am master of Lloyd. On the 7th of December I went to the till, and saw a bad shilling there, and no other shilling—I pat it amongst the farthings—on the 8th I saw the prisoner in the shop, about nine o'clock in the morning—I then saw another shilling, that was bad also—I marked that, and gave both to the policeman.
Prisoner's Defence. I had earned 1s. 6d. on the 8th, and the shilling happened to be bad; I know nothing about the other; I was not there on tie 7th of December.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 42.— Confined Three Years.
NOT GUILTY .
Before Mr. Common Sergeant.
388. JOHN COOPER was indicted for stealing, on the 4th of December, 1 jacket, value 25s.; and 1 waistcoat, value 1s.; the goods of William Masterman: and 1 coat, value 7s. 6d.; and 1 jacket, value 5s.; 1 pair of shoes, value 2s. 6d.; 1 pair of stockings, value 1s.; and I shawl, value 2s. 6d. the goods of Benjamin Hancox; and 1 coat, value 5s.; 1 handkerchief, value 6d.; 1 knife, value 1s.; and 1lb. weight of horse-hair, value 6d.; the goods of John Green: to which he pleaded
GUILTY .— Confined Nine Months.
Before Mr. Recorder.
SARAH MARTIN . I am the wife of William Martin, and live in Crown-street, Greenwich. On the 10th of December I sent my little boy on an errand—I afterwards heard a loud talking below stairs, and heard a slap—I saw my child crying on the stairs, and in consequence of what be told me I went down, and asked the prisoner why she struck the child—she said she would serve me the same, and with that she struck me with the dust-shovel, which she had in her hand—this now produced is it—it was without a handle, as it is now—she struck me over the left eye, and the mark I now have is the effect of the blow—she only struck me once, it was a very hard blow, and bled a great deal—I had not raised my hand towards her—I then seized the shovel—her son came and wrenched it out of my hand, and said he would serve me the same, if I hit his mother—I had not made any attempt to strike her with it—I had it in my hand, and I told her I would show it to the Magistrate—Mrs. Webb came to my assistance.
Prisoner. She says I struck her child; I am too fond of children to do so, and I have endeavoured to teach hers in the way it should go—she is a fortune-teller, and she teaches the child to sneak up stairs, and insult me because I am an aged woman, and a Christian—she struck me, and knocked me down. Witness. I did not—it is all false—I had not the least intention to strike you.
Prisoner. She has threatened me these four months—she ran down two pairs of stairs to beat me, and struck me several times—she snatched the old tin thing out of my hand, and, being drunk, she pitched on it, and cot her eye. Witness. I was not drunk, nor did I pitch on it, or cut my ye.
ANN WEBB . I live down stairs in the same house with the prosecutrix, and go out to work. On the 10th of December, Mrs. Martin came down to know why the prisoner struck her child—the prisoner instantly said, if she concerned herself about that she would serve her the same—she immediately fetched her a blow with the dust-pan on the right temple—there was a great deal of blood—I washed it off as well as I could—it was a severe wound.
Prisoner. Her name is not Webb, it is Friend. Witness. That was my second father's name, but my own is Webb.
Prisoner. She told me her name was Friend at the time she was confined with a second child, and several neighbours assisted her, to see that she should not make away with the child—she swore at Greenwich she was a married woman—if you knew as much as I did, the house would be indicted—they have owed me a prejudice some time—I think she says the blood spirted out—if it did it must have sprinkled over me, and I have the same cap on now—they were all tipsy—I was beaten down to the ground. Witness. Not that I saw—I saw no one strike, or attempt to strike her—I only came to speak to the truth, to tell what I saw—I have no enmity against her.
MARY ANN CARTER . I am single, and live in this house. On the 10th of December, I was outside the door, and saw the prisoner with a dust-pan in her hand—Mrs. Martin went to ask her what she hit her child for, and before she could hardly get the words out, the prisoner up with the dust-pan, and cut her in the eye—the blood instantly flowed—I and Mrs. Webb wiped it off—the prisoner's son came down, took up the shovel, and went to hit Mrs. Martin, but we got before him—Mrs. Martin did not attempt to strike the prisoner, or lift her hand to her.
Prisoner. This poor young woman was up in a front-room, so that she saw nothing of it Witness. I live in the front-room, but I followed Mrs. Martin down, when she went to ask the prisoner why she hit her child—the child had come up crying, and said Mrs. Fletcher had hit him—I certainly did see the prisoner strike Mrs. Martin.
JOHN SMITH . I am a surgeon, and live at Greenwich. I examined the prosecutrix's wound—it was a deeply incised wound over the left temple, about a quarter of an inch deep—I believe it penetrated to the bone, and was about an inch and a quarter, or an inch and a half in length—I think it was such a wound as this shovel would make—I think it would require considerable violence to effect such a wound with that shovel—here is blood on the corner of it, at the part which I think most likely to have made the wound—it was not an injury at all likely to be occasioned by a fall—the prosecutrix was not at all intoxicated when I saw her, which was about five o'clock in the afternoon—she was rather faint from the loss of blood.
GEORGE HARRIS (police-constable R 158.) I apprehended the prisoner on Friday, the 10th of December, about two o'clock in the afternoon—I told her she was charged with cutting and wounding Mrs. Martin, and inquired for the shovel—she said, "I have no other shovel than that," pointing to a small shovel under the fireplace—the prosecutrix was with me, and said, "That is not the shovel"—I said, "Then I must make a search"—I was about to do so, when the prisoner produced this shovel from the coal-hole—there were marks of blood on it, which were quite wet—she said, "I did not strike Mrs. Martin; I went down stairs to wipe some dust, and Mrs. Martin struck her head with the shovel"—both the parties were perfectly sober.
Prisoner. You asked me for the shovel, and I showed you the shovel—this is called a pan. Witness. You said you had no other shovel—you appeared quite composed then, not at all agitated—I know the prosecutrix and her husband very well—the other two witnesses I know to be single women.
Prisoner's Defence. The prosecutrix ran violently down two pairs of stairs, and without any provocation beat me several times against a wall in the back-yard—I held up the dust-pan as a shield—she, being in liquor, snatched it from me, fell on it, and cut her head—they were all drunk, and always have in a large quantity of gin every day—I never struck her—her boy is four years old, but he is more artful than a man.
GUILTY of an Assault. Aged 60.— Confined One Year.
Before Mr. Common Sergeant.
leave at eight o'clock in the evening—I had not given him permission to go earlier than that, nor to take any copper—this copper is mine—it was in one piece, but not coming into use, it was cut up, and put among the metal, and it is tinned inside, which is a very uncommon thing.
WILLIAM JOHN ARTHUR (police-constable R 202.) I was on duty in Stockwell-street, Greenwich, on the 10th of December, about six o'clock in the evening—I met the prisoner with a basket—I asked him what he had got—he said he was a gas-fitter, and had got his tools, which he had brought from Mr. Warcup's—I would see what it was, and found this copper, and no tools—I took him to the station, and went to the prosecutor, who identified this copper as his.
Prisoner. I cut up this a day or two before—I put them into my tool-basket, and it was standing in the shop for two days—I took the basket I out when I went to call on a person whom I sold a book to for 2s., and the police stopped me on the way.
GUILTY . Aged 29.—Recommended to mercy by the Prosecutor.
Confined Four Months.
WILLIAM SWALLING . I am a master carpenter, and live at Greenwich—the prisoner was in my employ. On the 14th of October I gave my brother a sovereign to give the prisoner—I saw him give it him—the prisoner was to purchase two deals at Mr. Rich's timber-yard with it—he took the truck for that purpose, but he did not return—he left the truck at the timber-yard.
JOHN SEDGER (police-constable R 130.) I took the prisoner into custody—I asked him where he bad been—he said at work for his father—I asked if he had been working for Mr. Swalling—he said, "No," and then he said, "Yes"—I asked him what he had done with the sovereign—he said he bad spent it.
JURY. Q. Was be not tipsy? A. No, he was sober when I took him—he is in the habit of getting tipsy.
Prisoner's Defence. I was drunk; I am very sorry for it.
GUILTY . Aged 25.— Confined Four Months.
WILLIAM FITZPATRICK . I am a hawker, and sell bread and biscuits in Deptford-barracks. On the 1st of December I was at the barrack-gate—the prisoner came and asked me to let him have twopenny-worth of bread, and change for a sixpence—I gave him the bread and four pence—he put his hand into his pocket, and ran off—he did not give me the six-pence—he threw the bread down.
Prisoner. I gave him the sixpence before I took the bread. Witness. He did not—I called after him—he did not stop—he threw the bread down—one piece fell into the street, the other into the basket—he got off with the 4d.
JAMES TAYLOR . I am a private in the 15th Regiment of Lancers. I was sentry at the gate—the prisoner came and asked the. prosecutor for change for sixpence, and he would take twopenny worth of bread—he gave him the 4d. the prisoner took the bread, but he did not give the sixpence—he threw the bread down and ran away.
Prisoner. Q. How far were you off? A. Within two yards, at near as I can tell—you did not give him the sixpence, you took the four penny-pieces and counted them into your hand.
Prisoner's Defence. I gave him the sixpence, and he gave me the 4d. change—I left him the bread till I came back—I was going out of the town.
GUILTY . Aged 24.— Confined Six Months.
JOHN BRETT (police-constable R 179.) On the evening of the 6th of December, I was on duty on Sydenham-common, near a beer-shop—I saw the prisoner come out of the beer-shop—he was not so drunk but he knew what he was about—he used bad language to the landlord and land-lady, and threatened to smash the windows—the landlady came out and gave him in charge—I took him—he struck me three times, and then he turned, took his knife out of his pocket, and said he would rip my b—y guts out—I prevented that by knocking his hand back—the blows which he gave me hurt me.
SARAH SCUDDER . I keep the beer-shop on Sydenham-coramon. The prisoner came in several times, and wanted beer—I would not serve him, and he threatened to break the windows—I went out and called the police-man—Brett came—I saw the prisoner strike him several times, and they had a long struggle, at last Mr. Wren assisted the police in taking him.
CHARLES FORWARD (police-constable R 74.) I came to Brett's assistance—he had got the prisoner on his back, and he was violently kicking and fighting, as he laid on his back—when I came up, the assistant left him—we were obliged to hold the prisoner on his back till we got the handcuffs on him—he kicked me several times as I was taking him—I have got the marks on my legs now—he said several times that if he had his hands at liberty, he would rip our b—y guts out.
Prisoner's Defence. They dragged me several yards; I called, "Murder" three times, a few cottagers assisted me, or I believe they would have killed me.
GUILTY . Aged 46.—Recommended to mercy by the Jury.— Confined Two Months.
NOT GUILTY .
Before Mr. Common Sergeant.
GUILTY . Aged 24.— Confined Six Months.
SARAH NICHOLLS . I am the wife of William Nicholls, who lives in Windmill-street, Lambeth-road. I am a laundress—the prisoner was in ray service—it was her duty to deliver bills, and to collect the money—I have a book in which I enter the sums due from my customers—if the
prisoner received 4s. on the 4th of October, and 4s. 8d. on the 11th, and 4s. on the 25th from Mrs. Wardle—she has not paid it to me.
Prisoner. I paid all the money I received from all the ladies—there were books came from the ladies, and my mistress has put them away—I always paid my mistress.
ELIZABETH HOLMES WARDLE . I paid the prisoner 4s. on the 4th of October, fur her mistress; 4s. 8d. on the 11th of October; and 4s. on the 25th—I used to make the list of clothes out, and send it by the prisoner, and on the following week she had the money when she brought the clothes home—I never took the clothes without paying the money.
SARAH NICHOLLS re-examined. The list of clothes was sent to me by Mrs. Wardle, with the dirty linen—the prisoner told me that Mr. Wardle had had a great loss, and Mrs. Wardle could not make her payments.
Prisoner. I always had the money from Mrs. Wardle, and always paid my mistress—I never said that Mr. Wardle had had a loss. Witness I will take my oath she did say so.
JOHN INGS (police-constable L 22.) I took the prisoner, and told her it was for, receiving these sums of money, and not accounting for it—she said she had received the money, and had paid it, but the books were lost.
GUILTY . Aged 40.— Confined Nine Months.
397. ANN JACKSON was again—indicted for stealing, on the 15th of November, 2 shifts, value 10s.; 2 pairs of trowsers, value 10s.; 2 petticoats, value 9s.; 1 toilet, value 3s.; 2 towels, value 2s.; 1 gown, value 5s.; 2 table-cloths, value 12s.; and 2 pairs of sheets, value 7s.; the goods of Jane Hibbert.
NOT GUILTY .
MR. PHILLIPS conducted the Prosecution.
GEORGE RYDER PEPPERCORNE . I am secretary to the Vauxhall Water Works Company. The prisoner was in their employ—the room in which he worked is divided from my room, in which I kept my money, by a door—I was out of my room on the 13th of November, from five to ten minutes, and in the evening of that day I missed some money—when I left my office that day, the prisoner was in the outer office, and when I returned he told me that no one had gone into my office—(no one could have gone in without his seeing them)—in consequence of something I heard afterwards, I called the prisoner to me—I asked him whether the statement made by his uncle was correct, as to his taking certain money from me—he said it was so.
Cross-examined by MR. CLARKSON. Q. Did you know his uncle had had some conversation with him? A. I knew it from his uncle stating it—I did not know his uncle had promised him pardon—I know it now—
this money was my own private property—my father desired his uncle to speak to him.
MR. PHILLIPS. Q. What did you say to him as to the means by which be did this? A. I asked him how he effected this robbery—he said, by obtaining or procuring a duplicate key, by which he entered during my temporary absence, and the drawer being at that time open, he took the money and returned to his own office—I asked him the amount, and he stated voluntarily that he had robbed me of 2l. 10s. that day.
Cross-examined. Q. How old is he? A. Fifteen—he is without a father—his mother is alive—he was for a while protected by his uncle—there are from twelve to fifteen men on our premises—I have never heard that it is customary for a person who comes there to pay a footing.
COURT. Q. Do you know the nature of the coin you lost? A. Two sovereigns, and 10s. in silver, according to his own account—I lost a larger sum.
Cross-examined. Q. Did you threaten him, or induce him to make the statement he did? A. Both myself and another person did.
CHARLES FOSTER . I took the prisoner. On the way to Union Hall, he stated that he had, from time to time, by means of a duplicate key, extracted money from the drawer or desk of the prosecutor, to the amount of 30l. and upwards—that the men on the premises had urged him for money, which induced him to do it.
GUILTY . Aged 15.—Recommended to mercy by the Jury.— Confined Four Months.
NOT GUILTY .
MR. DOANE conducted the Prosecution.
AMY HARTLEY RICHARDS . I am the daughter of John Richards, who keeps a shop in the Wandsworth-road. On the 25th of November, the prisoner came to my father's shop—he asked for a pennyworth of tobacco—I served him with it—he gave me a shilling—I gave him a sixpence and 5d. I gave the shilling to my sister Eliza, and she gave it to my mother.
ELIZA RICHARDS , Sen. I received the shilling from my daughter—I saw it was bad—I gave it to my daughter Susan to go to Mr. Turvey with it—she came back and gave me the shilling again—I put it into a piece of paper on the table—the policeman came the same evening, and I gave him the shilling.
ALFRED SPICE (police-constable V 41.) On the 25th of November, went to Mr. Richards's shop, and got this shilling, and on the 26th I was on duty, and was called by Mr. Turvey's man—I took the prisoner, and Mrs. Hayward gave me this shilling, which she marked in the shop.
26th of November, the prisoner came to the shop for a pennyworth of tobacco—he gave me a shilling—I told him it was bad—he said, "Is it? I took it up the road"—Mr. Turvey came in and seized the prisoner—I put the shilling on the shelf, and gave it to the officer.
GUILTY . Aged 20.— Confined Six Months.
Before Mr. Recorder.
GUILTY . Aged 41.— Confined Three Months.
402. GEORGE MOORE was indicted for burglariously breaking and entering the dwelling-house of John Eastley Hearder and another, about the hour of two in the night of the 3rd of December, at St. George the Martyr, Southwark, with intent to steal, and stealing therein 50 pairs of boots, value 30l.: 1 other boot, value 5s., and 4 spoons, value 12s.; their property; and 1 shawl, value 2s.; the goods of Charlotte Woolridge.
JOHN EASTLEY HEARDER . I am in partnership with Mary Williams, at No. 63, Blackman-street, Borough, in the parish of St. George. On the night of the 3rd of December my house was entered, and I lost the articles stated—one boot of a pair was left behind—this is it—the other boot was taken away—this now produced is it—the two form a pair—they are numbered—they were manufactured at Northampton—I got up at about half-past six, or a quarter to seven o'clock in the morning.
CHARLOTTE WOOLRIDGE . I am a servant of the prosecutor's. I fastened up the house on the night of the 3rd of December—the back-door was bolted top and bottom inside—I went to bed about half-past ten o'clock—the staircase-window was then close down—I came down a little before six in the morning—the nurse came down with me—the staircase-window was then a great way open, and the door from the passage to the shop stood wide open—the hasp was broken off—it had the appearance of having been forced open—the bolt was not pushed back—the back-door was open, and was kept open by the mat—I missed a quantity of boots and shoes from the shop, four spoons, an ironing-blanket which had been in the dresser-drawer, and a shawl of mine—some high steps were taken from the passage and put to the yard-wall outside—they would be able to get out by standing on these steps and getting over the wall—they would then be in the highway.
Cross-examined by MR. PAYKE. Q. How do you know it was before six o'clock when you came down? A. The nurse called me, and I looked at the clock when I came down stairs—it was about a quarter to six—it was rather dark—we both had candles, and I held up the candle to the clock—I will swear I did that on that particular morning—I believe the clock was right—there is a church-clock not far off, which we can hear strike sometimes, but we did not hear it that morning—this shawl, now produced, is mine—the ironing-blanket has not been found—I swear to the shawl by a mark of vitriol on it, and two little holes made by a pin—it is worth half-a-crown—I had worn it constantly.
Windmill-street, New-cut, Lambeth, and saw the prisoner standing on the step of the Windmill public-house in company with another young man—I saw him take a boot from his left-hand coat-pocket, and give it to the other young man, who went away with it—I stopped him and asked what he had got—he said, "What is that to you?"—I asked him again and then he gave me the boot—in consequence of what he said I went back to the prisoner, and asked him how he came by the boot—he said he knew nothing of it, but afterwards he said that a young man had been in the Wind-mill public-house, and given it to him to give to the other young man—I secured the prisoner—the other escaped—I took a pair of boots off the prisoner's feet at the police-office—they were claimed by the prosecutor—the prisoner said he had got them in Petticoat-lane on the Tuesday previous—I asked him where he lodged—he said in White Horse-street—I went to No. 49 there, and found this shawl between the landing of the back-room, ground-floor—the prisoner had not described to me what part of this house, or what room he occupied—the landlady of, the house is not hen—I found the girl there with whom the prisoner cohabited—I know that from his own statement and hers also—he told me he lived at No. 47, but I ascertained it was No. 49—I learnt that, at Union-hall, from the girl he cohabited with—I heard nothing from the prisoner about No. 49—the girl did not tell me any thing in his presence—she came to Union-hall to claim a handkerchief and stock which I found on the prisoner, and the Magistrate ordered me to give them up to the prisoner—the stock I found in his right-hand pocket, and the handkerchief en his neck—all I know about the prisoner living at No. 49 is from the girl—the Magistrate ordered me to apprehend her, but she has since escaped—a person named Mayhew keeps the house—I never mentioned to the prisoner what I found No. 49, nor was it stated in his presence by any body—the shawl was produced in the prisoner's presence, and it was stated where it was found—I found no more shoes than those I have produced.
MR. HURDER re-examined. These boots, found on the prisoner, are part of those I lost that night, and this single boot is the fellow to the one which remained on my premises.
Cross-examined. Q. How do you know these boots? A. By my own mark on them, "74," which are own figures—they are worth about 10s., but the value of all the property lost is above 30l.
MR. PAYNE called
ELIZA MOORE . I am married to the prisoner's brother, who is a brush-maker, and lives at No. 4, Hampshire-street, New-street, Kennington. On the Friday night, the 3rd of December, the prisoner was at my house, at work—he came about six o'clock in the evening, and was at supper with me at half-past eleven, or between eleven and twelve—he slept at my house, with my husband's apprentice, who is now in the country with my husband—they have not returned—they were at Windsor market on Saturday—they went last Friday morning, to sell brushes, and I suppose they haveg one further down the country, as they did not return on Saturday night—he generally returns on Saturday night when he goes to Windsor market—I am speaking of last Friday week—I did not see the prisoner leave in the morning, and do not know what time he left—the last time I saw him was betwen eleven and twelve o'clock on the Friday night—I did not see or hear of nun after that—the room be and the apprentice slept in
is at the back of the house—I got up between seven and eight o'clock in the morning.
COURT. Q. Do you know the Windmill public-house, in the New-cut? A. No—I know the New-cut—it is about a mile from our house—I do not know White Horse-street—the prisoner always lived at my place—he had his victuals there—sometimes he would stay away a day or so, but not more—he did not live in White Horse-street, that I know—I never heard him mention White Horse-street—I do not know whether be lived alone when away from me—I never knew where he lived—he always lived at my place when he worked with my husband, and sometimes, when our work was slack, he would go and hawk for another man—we occupy the whole of our house—we have four rooms—we have no children—I and my husband slept down stairs, and the apprentice and him up stairs—I have not heard from my husband since last Friday—I heard of the prisoner's being apprehended on the Sunday, the next day but one—my husband and the apprentice heard it also.
GUILTY . Aged 20.— Transported for Ten Years.
GUILTY .— Confined Six Months.
Before Mr. Baron Alderson.
404. CATHERINE BOWLER was indicted for feloniously receiving, of a certain evil-disposed person, on the 4th of December, 139 skins of leather, value 37l., the goods of Barnard Spindler, well knowing them to have been stolen.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
HENRY POULTON . I am in the employ of Barnard Spindler, a leather-manufacturer. On the 4th of December, between five and six o'clock in the afternoon, I was at work on some skins in the dye-house—when I left the dye-house at that time, the skins were safe—on Monday, the 6th, I went to the dye-house, and found the whole of the skins gone—they were in an unfinished, state, not fit for the ordinary purposes of sale—there were seven dozen pink lambs, and four dozen and a half black kid.
RICHARD POULTON . I am a leather-dresser, in the service of Barnard Spindler, of White's-grounds. I have examined the skins produced, and have no hesitation in saying this one is master's, and from their general appearance, I should say the whole are his—one is marked "K. C."—I know this one particularly—it is the writing of S. Jervis, who is in my master's employ—on Tuesday morning, the 7th, I saw the skins in Mr. Bury's shop, in Bermondsey-street—I thought I knew them, I sent for a constable, and they were brought away—these are them.
WILLIAM BERRY . I am a shoemaker, in Bermondsey-street. On Saturday, the 4th of September, between ten and eleven o'clock at night, the prisoner came to my shop with two pink skins, as a sample—she opened them, and asked if they would suit me—I told her I did not want them, they were skins I did not use—she said Mr. Bowler, her husband, had taken them for a bad debt, and it would oblige him if I would take them of her—I agreed to take a dozen, at 3s. 6d. a dozen—she went away to fetch the remainder of the dozen—she does not live more than a stone's-throw
from me—she and her daughter returned in about five minutes, with ten more—I paid the 3s. 6d. she then asked if I would buy any more—I said I must consider of it—I did so, and bought another dozen on the Monday, about one o'clock in the forenoon—they were pink lambs—they are used for shoe linings, and various purposes—I believe these produced to be them—they were taken from my shop by the police.
Cross-examined by MR. PHILLIPS. Q. Did you know where the prisoner lived? A. Yes, I could have gone there at any time—she lives there with her husband, who was taken up about this—I saw him at the police-office—there was one black skin among those she brought with the ten, and she took that away again.
JOHN RICHARD COWLING . I am a policeman. In consequence of information, on Tuesday morning, the 7th of December, between ten and eleven o'clock, I went to Berry's house—I found Poulton there—Berry came in afterwards—Poulton pointed to the skins—I took possession of them, and then went to the prisoner's—I found her with her husband—I asked them both if they had sold any skins to Berry—Mr. Bowler said, "No, I know nothing about any skins"—the prisoner made the same reply—I searched the house, but found no black skins nor any pink ones—I was present at the examination before Mr. Trail—I heard the prisoner make a statement, which the clerk took down—I saw her put her name to it, and the Magistrate countersign it—I believe this to be Mr. Trail's handwriting—(read)—"The prisoner says, A man who I do not know brought the skins to our shop; I told him I did not buy them; I had a person close by, of whom I bought shoes, I would go and see if he would buy them. I took them and sold them, and gave him the money; he was not in my house at all."
Cross-examined. Q. Did not her husband tell her not to make any answer? A. I did not hear it till after she denied having any knowledge of the skins—he then told her she had no occasion to talk to me, to hold her tongue.
ROBERT HUMPHREY . I live at Millpond, and have known the prisoner sixteen years, and never heard a blemish against her character—she lives with her husband, who is a lighterman—she keeps the shop, but I believe they both manage it occasionally.
(The prisoner received a good character.)
GUILTY . Aged 43.—Recommended to mercy.— Confined Twelve Months.
ADJOURNED TO MONDAY, JANUARY 3RD, 1842