CENTRAL CRIMINAL COURT.
THIRD SESSION, HELD JANUARY 3RD, 1842.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
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, January 3rd, 1842, and following Days.
Before the Right Honourable JOHN PIRIE, LORD MAYOR of the City of London; Sir John Gurney, Knt., on. of the Baron, of Her Majesty's Court of Exchequer; Sir William Henry Maule, Knt., one of the Justice, of Her Majesty's Court of Common Pleas; Sir William Wightman, Knt., one of the Justices of the Court of Queen's. Bench; Sir Peter Laurie, Knt.; Samuel Wilson, Esq.; Thomas Kelly, Esq.; Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; John Lainson, Esq.; Michael Gibbs, Esq.; John Kinnersley Hooper, Esq.; and Sir James Duke, Knt.; Aldermen of the said City: and John Mirehouse, Esq., Common Sergeant of the said City; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
PIRIE, MAYOR. THIRD SESSION.
A Star (*) denotes that prisoner's 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, January 3rd, 1842.
First Jury, before Mr. Recorder.
405. LOUISA STANSFIELD was indicted for stealing, on the 18th of March, at St. Clement Danes, 24 forks, value 24l.; 21 spoons, value 15l.; 2 shirts, value 10s.; 4 tablets, value 1l. 5s.; 2 shirts, value 10s.; and 2 decanters, value 6s.; the goods of James M'Donald, Esq., her master.
MR. ADOLPHUS conducted the Prosecution.
JAMES M'DONALD, ESQ . I am a barrister-at-law, and have chambers at No. 4, Gardiner-court, Temple. The prisoner was in my employ as laundress, since last March, at a salary of fifteen guineas a year—when I went the circuit in the summer, I left her in possession of the key of my plate-chest—I returned in about a month, then went abroad, and did not come back till last November term—on my return, having some friends to dinner, I observed some imitation silver forks on the table, which I thought very odd, as I had not used any for some time—next morning I looked at my plate-chest, and found a great portion of my forks and spoons missing, in consequence of which I asked the prisoner what had become of the silver—she said she had taken it home to clean—I thought nothing more about it till next day, when I looked at the plate-chest again, and the plate seemed all right, except two forks—when the prisoner came, I asked her where those two forks were—she said she supposed she had left them at home—I told her to go and fetch them—she went out and returned—I asked if she had brought them—she said, "No," she would go and fetch them—but before she went she asked if I would advance 5l. on account of her wages, which I hesitated to do—she went out, and returned with what I thought to be two silver forks, which she put into the chest—I looked at the chest, and the plate seemed all right then—as I was going to lock the chest, I saw one of the forks sticking up, I looked at it and said, "This is not silver"—she said, "Is it not?"—I examined them, and found they were all imitation forks, substituted for the silver ones—I asked her what had become of the silver forks—she said, "It is better to
confess the truth"—(I did not ask her to confess)—I said, "You have pawned them"—she said nothing to that, except, "Don't do any thing to me"—I said "Go and fetch the plate, or I will go to the police"—I went away, to consult a friend what I should do, and then came back—the prisoner returned soon after, and gave me a bundle of duplicates, relating to my plate—I lost a great deal—I think there were twenty-four silver forks, but I forget the exact number—she left very few remaining—I missed the articles stated, in fact half the plate was taken away.
Cross-examined by MR. JONES. Q. Is James your only Christian name? A. No, I have another, Benassy—I dare say there are several gentlemen named James M'Donald besides myself?
MR. ADOLPHUS. Q. Do you commonly call yourself James M'Donald, or James Benassy M'Donald? A. James M'Donald—I never signed my name as James Benassy but once, and that was when I came of age, and took possession of my property.
MR. JONES. Q. I presume you were christened by those names? A. I suppose so—I never heard myself called Benassy—I do not think I described my name as James Benassy M'Donald, when I entered for the bar—I am almost sure of it—I cannot remember, but I should think not.
COURT. Q. Have you entirely dropped that name? A. Yes—in fact I had almost forgotten that I had it—it is an Indian name—I almost forget how to spell it—I think it is Benassy, but I cannot recollect—I have never used it since I signed the deed, when I became of age, that I am aware of—that was in 1826—I am single—the deed is in the hands of the persons to whom it was given as a release of the property—I suppose I could have access to it—I am a member of Lincoln's Inn—I could refer to my admission there.
Q. How came you to use the name of Benassy on coming of age? A. I suppose the trustees on giving up the property, wanted to be as safe as possible—I have no relation of the name of James M'Donald—it is as common a name in Scotland as Smith is in London—I do not know whether Benassy is the name of any place in India—I never bore that name without that of M'Donald, that I am aware of—my father's name was M'Donald—I came to England when I was four years old.
MR. JONES Q. Before you knew what your name was? A. Yes.
JURY. Q. Did you never sign the name of Benassy in any of your books? A. No—I am not a Jew.
COURT. Q. When do you first recollect being called by the name of M'Donald? A. As long as I can remember—I have but one brother, and his name is M'Donald—I fancy Benassy was my mother's name—she was a native of India—she died when I was quite a child—I cannot remember whether I acquired the name of M'Donald some years after my birth, or whether I was originally called James Benassy only—when a boy at school I was called M'Donald—I was never called by any other name in my life, that I know of—the first time that I ever saw the name of Benassy was in my father's will, when he died—I had never heard it before, and have never used it since, except at the time of signing the paper on coming to my property.
MR. JONES. Q. Did you, when you came from India, know that you had any name at all? A. I cannot remember—I left my parents behind—I have been called James as long as I can remember—I cannot recollect being called by that name in India—I corresponded with my father before
I came of age, after being in this country, and he addressed letters to me—on looking into his will I found myself described as James Benassy M'Donald—I supposed that to be my name—I executed probably three or four documents in consequence of that will—I cannot say whether I executed them all in that name—I suppose I did, because the property was left in that name—I have not had any document to execute lately in reference to that property—I have no stock standing in that name that I am aware of—it was personal property that was left me—I executed one document five or six years ago relating to the same property—I do not think I signed my name James Benassy then—I could almost undertake to swear I did not, because the executor in this country was not quite so strict a man as the original trustee—he was more my friend, and he took my signature as I ordinarily signed it—I am almost certain I must have signed it" James"—I have no doubt of it—I had no personal communication with my father after I left India—the prisoner lived in Little Essex-street, Strand—I never knew that she took the plate home to clean—I have been to her lodging—she was living with her husband, and he came to my chambers to clean my boots and shoes—there were none to clean while I was away—I suppose I left some dirty—it was his duty to be there every day when I was in town—he waited on me at table—none of the silver was found at their lodging—the prisoner was in custody when I went there, and her husband was not at home—I received a very good character with the prisoner, and had a very high opinion of her.
MR. ADOLPHUS. Q. Before you saw your father's will, had you ever any reason to know or believe you had acquired the name of Benassy? A. No—I never knew I had the name by any communication from my father or otherwise, and I was in frequent correspondence with him—I know nothing about the prisoner's husband, except what has been told me—I understand they are not married, but I always considered they were while in my service.
CHARLES WORLEY . I am servant to Mr. Walmsley, a pawnbroker, in Drury-lane—I produce a quantity of linen and plate—I did not take it all in, but the portion which I did take in was pawned by the prisoner alone—I received twenty-two forks, four spoons, and other articles from her—the first pledge was on the 21st of August, and the last on the 6th of November.
Cross-examined. Q. Show me the mark which states that the person pawning was the owner of the property? A. She told me several times that they were left to her prior to her marriage—I have not made any entry on the duplicate of whether she was the owner or not—I have known her twelve months pledging and redeeming property—she redeemed some of this plate very likely thirty or forty times—I knew her by the name of Stansfield—I never understood her to say that her husband sent her with the things—she always said it was left to her previous to her marriage.
WILLIAM COOK (police-constable A 69.) I took the prisoner into custody in Mr. M'Donald's room—a portion of these duplicates was given me by Mr. M'Donald in her presence—some I found at her lodging, No. 7, Little Essex-street, and some I received out of her bosom—they have been mixed together—I had fifty-five in all, but eight of them are for property not identified.
MR. M'DONALD re-examined. These articles are all mine.
GUILTY. Aged 27.—Recommended to mercy by the Prosecutor, believing her to have acted under the influence of bad advisers.— Confined One Year.
(The Jury stated that they were not satisfied that the prosecutor ever bore the name of Benassy.)
MR. ADOLPHUS conducted the Prosecution.
JAMES M'DONALD, ESQ . The prisoner is the man who I understood to be the last prisoner's husband—he came to brush my boots and shoes, for which I paid him—when I missed the property in the last case, I went to the station—I saw the prisoner there, and the policeman produced a shirt and a pair of drawers to me, which were both mine—these now produced are them—I have lost more linen, which has not been found.
Cross-examined by MR. DOANE. Q. Can you tell when you had last seen that particular shirt? A. I cannot—the prisoner's wife was in my constant service—it was her business, as laundress, to attend to my chambers—she had charge of the linen, to get it washed—I had never given her any linen.
COURT. Q. Did the prisoner attend to your clothes at all? A. My drawers were kept in the clerk's room, and he could get at them, but this pair of drawers was taken out of a portmanteau, which was in the clerk's room, close to the room in which he cleaned the shoes.
WILLIAM COOK . I am a policeman. I searched the prisoner on the 8th of December—he had been apprehended on the 4th—I went to him, and said, "John, I want to look at your stockings"—he pulled off his boots—I could not identify the stockings, and gave him them again—I then said, "I want to look at your drawers"—he said, "I have been searched already by a policeman and Mr. M'Donald"—I said, "I want to see your drawers, merely for my own curiosity"—he pulled down his trowsers, and I saw the drawers, marked "A. M."—I took them to the prosecutor, who identified them—the prisoner was then placed at the bar—I told the Magistrate that I believed the shirt the prisoner had on was the prosecutor's property—I took him into the yard, and took this shirt off his back.
Cross-examined. Q. Did not he say his wife gave them to him? A. At first he said he had none of Mr. M'Donald's property about him—he afterwards said the drawers had been given to his wife as old drawers by Mr. M'Donald, and she had given them to him—he said nothing about the shirt.
MR. ADOLPHUS. Q. Did he say, in the prosecutor's presence, that his wife had received the drawers from him? A. He did not.
MR. M'DONALD re-examined. The prisoner never thanked me for a pair of drawers given to him through his wife—the contents of the portmanteau had not been sent to the wash—I had lost the portmanteau, and recovered
it about three weeks ago—it was sent up to me from Liverpool before the prisoner was taken—it contained no linen—there were shirts in it, this very shirt, and several pairs of drawers—I had never given his wife any thing—this must have been taken since I returned to town—the prisoner was then in attendance from day to day.
MR. DOANE. Q. When you recovered the portmanteau, was the property in question in it? A. Yes, I am quite satisfied of that.
GUILTY .† Aged 27.— Transported for Seven Years.
MR. PRENDERGAST conducted the Protection.
SPENCER HOMEWOOD . I am a baker, and live at Uxbridge; the prisoner was in my employ. On Friday, the 10th of December, he went out with a quantity of bread to deliver to various customers—Mrs. Adams was one of my customers—on Saturday he again went out with a quantity of bread, and on that Saturday night he accounted to me how he had disposed of the bread—he said he had delivered six loaves to Mrs. Adams on the Friday, and six on the Saturday, and that she did not pay for either—Mrs. Adams was generally a ready-money customer—if he had been paid, he should have given me 8s., twice 4s.
HANNAH ADAMS . I keep a beer-shop at Cowley. About four o'clock, on Friday, the 10th of December, the prisoner delivered to me six loaves of bread, for which I paid him 4s.—I was a customer of Mr. Homewood, and I paid it on his account—about five o'clock, on Saturday, the prisoner again left six loaves with me, and I expect I paid him 4s., but I cannot exactly say what I paid him—I did pay him, I expect—I do not know to the contrary—I always did pay him, and I expect I paid him then—I have a perfect recollection of paying him on the Friday, and I expect I paid him on the Saturday, but he was late with the bread, I was very busy, the children were teasing me, and my husband was ill in bed—I did not refuse to pay—I never had a bill or receipt from Mr. Homewood since I have dealt with him—it was my practice to pay ready money.
Prisoner. Q. Are you not aware that you did not pay me on the Saturday evening? A. I cannot recollect whether I did or not, but on Friday I paid you 4s., and you said, "I have not paid you for the glass of ale"—I said, "No," and you paid me three halfpence—I dealt with you when you were in business for yourself—I do not owe you 8s. 2d., or any thing—I never received bills from you since I have dealt with the prosecutor—I always paid ready money—if I did not pay one day I always paid the next—when I have not had change I have said, "I will pay you to-morrow"—I owed for half a bushel of flour, but never for any bread.
SPENCER HOMEWOOD re-examined. The prisoner did not account to me on the Friday—he should have done so every day, but I could not get him to do it—on the Saturday he accounted for payments made on the Friday as well as on the Saturday.
Prisoner's Defence. Mrs. Adams did not pay me, and when I left I said, "Mind, this makes two days."
NOT GUILTY .
JANE GROOM . I am a customer of Mr. Homewood's. On Tuesday, the 7th of December, the prisoner left me one loaf—here is a book in which the prisoner made entries—I saw him make this entry—I did not pay him for the loaf—one loaf was all I had from him that day.
Prisoner. I believe you will find "ditto one loaf" underneath—one loaf was asked for afterwards, and I put "ditto one" underneath. Witness. That refers to the next day—I had two loaves next day—I am quite sure I only had one loaf on the 7th of December—(the entry being read was,"—8d., ditto 8d.," and no date.)
SPENCER HOMEWOOD . On the 7th of December the prisoner took out a quantity of bread to deliver, and accounted to me for it—this is my book—it is my writing—he dictated to me—on the 7th of December I have two loaves booked to Mrs. Groom, and on the 8th, 9th, and 10th three loaves each day—the entry on the 7th corresponds with what is entered in Mrs. Groom's book.
NOT GUILTY .
MARY BROWN . I am a customer of Mr. Homewood's. On the 6th of December I received two loaves from the prisoner, and no more—I am sure I am not mistaken—I have a sheet of paper here on which the prisoner wrote, "6th December, two loaves."
SPENCER HOMEWOOD . The prisoner took out bread on the 6th of December, for which he accounted to me in this book. On the 6th of December he charges three loaves to Mary Brown—I took it from his own lips—he took out ninety-two loaves that day—he must have charged more to her to make his account square, and he has charged a great many other customers more than they had.
Prisoner. I must have made a mistake, having to deliver so many loaves. I could not always be correct; but if I found a mistake one week, I made it right the next. I once put four loaves in Mrs. Brown's book when she had but three, and I paid her for that.
SPENCER HOMEWOOD re-examined. I was in the habit of making out weekly bills, but he did not deliver them, and a number were found on him, some of Mrs. Brown's—I detected this by a bill being sent to a customer with "bill delivered" so much added to the weekly bill—the prisoner erased the amount of the bill delivered, and left the bottom part, and the customer seeing there was something wrong sent to me—he has done that in several instances—I have told him of it, and he has given me the money—he was in my service nine weeks this time, and previously for about two years—he takes a private memorandum-book with him when he goes round with the bread, and he always accounts to me from that book—I could not by mistake have put down more than he told me—he saw what I put down.
Prisoner. I have often found my bread short. One Saturday afternoon, instead of eighty loaves I found but seventy. Some one must have taken them out of the cart while I went into a house. I have had to pay 6s. or 7s. a week out of my own pocket, to make the account right. Witness. It is not so—it is false—he has got very much in my debt since he has been with me—the last week he was with me he booked twenty-seven loaves
to various people more than they had—his account is right on the face of it—I have weekly customers and ready money customers, and the weekly bills, which I made out regularly, he never delivered—it appears that Mrs. Adams always paid ready money, but I made her hills out because he occasionally booked bread to her—I have gone through the rest of the ninety-two loaves, and find that he has entered more to the persons who did not pay, than they had, to make the account right—I went round to all my customers on the Monday, and found he had charged ten more loaves to different parties than he had delivered—the greater part of my customers keep books, and I inspected them.
Prisoner's Defence. I certainly took a book round with me, but having generally to work eighteen hours a day I was tired, and it got dark before I finished delivering the bread, so that I did not always put it down till I got home, and then I have fallen asleep after working so many hours, and may have made a mistake—it is entirely a mistake.
NOT GUILTY .
NEW COURT.—Monday, January 3rd, 1842.
Fifth Jury, before Mr. Common Sergeant,
410. EDWARD CARTER was indicted for stealing, on the 13th of December, 5lbs. weight of cigars, value 30s., the goods of George John Weston; and 1 handkerchief, value 4d., the goods of Joseph Hunt, from the person of Joseph Jesse Hunt.
JOSEPH JESSE HUNT . My master sent me with some cigars about six o'clock in the evening of the 13th of December—as I was going up Oxford-street the string broke, and some of them fell out—I went to the step of a door to tie them up—the prisoner came and asked if he should tie them up—I said, "Yes,"—I thought he could do it better than I—he was about half an hour tying them up—he asked where I was going—I said, "To Edgeware-road"—he said he was going to Star-street, which was part of the way—I took them to the place—they were three-quarters of a pound short when the gentleman weighed them, and he would not take them—the prisoner was with me as we came back—he asked me to go to a coffee-shop to ask for a man named Jackson, who owed him 5s.—he was not there—he then told me to go to another coffee-shop on the other side of the way—the prisoner had the parcel of cigars in his hand—there was no Mr. Jackson there—when I came out the prisoner and the cigars were gone—he was brought back by the policeman in about five minutes with them—he left me by Bainbridge-street.
Prisoner. Q. After I tied up the parcel did I not tell you it would be better to go back to your master? A. You asked me where I was going—I said, "To Edgeware-road"—I said if they paid me the money I would say nothing about those that were damaged—you said you owed my master for some cigars, and you would come and tell him how it happened—you had the cigars in your possession in Oxford-street—I went into a coffee-house there for you—you did not offer to run away then.
SAMUEL RUPERT BAILEY . I live in Wilstead-street, Somers-town. I was standing at the corner of Oxford-street—I saw the prisoner send Hunt into a coffee-shop—he walked to the corner, and before he got there the boy came out—the prisoner then sent him to another coffee-shop, and while he was there the prisoner went down to Bainbridge-street—the boy came out and began to cry—I went in search of the prisoner, and he was taken.
THOMAS CARTER (police-sergeant E 7.) I took the prisoner in Church-lane, St. Giles'—he was running down the middle of the street, and had the bundle of cigars with him, which excited my suspicion—he was two hundred yards from the shop he sent the boy to.
Prisoner's Defence. He went to this place where a person owed me a little—I held his cigars—we went to another place—he said, "Shall I go there?"—I said, "If you like"—he did—I waited till he came out—I went round the corner to ease myself—I went three or four doors on, and the policeman came and took me—the boy was waiting for me when I went to Star-street.
GUILTY. Aged 23.—Recommended to mercy by the Jury.—
Confined Four Months.
MR. CLARKSON conducted the Prosecution.
THOMAS REED . I am the son of William Reed, who is in partnership with Mr. Thomas Hatton, engravers and printers in King-street, Coventgarden—I am their servant. I engaged the prisoner as agent by commission—he began business with us on the 1st of March—he was to travel to get orders on commission—he was to have ten per cent, on all orders given him—on the 5th of August he came to the shop and gave orders for Trueman and Hanbury—we were to engrave a plate, and print two hundred cards—he said he had been to Trueman and Hanbury's—they were pleased with our design—they wished a drawing to be sent them according to his directions—he had had designs of ours in order to enable him to obtain orders—the drawing produced was accordingly prepared, and was delivered to him for their approval—he returned it, said they approved of it, and had agreed to have the plate engraved as per drawing and two hundred cards—the plate was ten guineas, and the cards ten guineas per hundred, which would be thirty guineas—the plate was completed—the goods were sent in on the 11th of December—in the meantime the prisoner received ten per cent, commission for the order—I saw Mr. Hatton pay him—I cannot say positively in what monies—there was some gold and silver—the prisoner was still in our service—on the same day as the goods were delivered to Messrs. Trueman he absconded—he requested they should be sent on that day, so that he might go to them himself—he never returned—before he went he borrowed some money of one of the firm.
Cross-examined by MR. BALLANTINE. Q. You saw him borrow it? A. Yes, he made no concealment of it.
The firm are Sir Thomas Fowell Buxton, and more than one other—I am the person who gives orders on the part of the firm—I did not give orders to the prisoner for making these plates, or any other articles at Reed and Hatton's—nothing of the kind has been required by the firm of late—I never saw the prisoner before.
Cross-examined. Q. Have they more than one establishment? A. Only one, which is in Brick-lane, Spitalfields—I have ordered all plates that have been ordered these eleven years—there are no other superintendents but me—the partners never order things of this kind.
THOMAS REED re-examined. On the 29th of last April, the prisoner brought an order, in my presence, to Mr. Hatton—he said it was an order from Messrs. Godfrey for 1000 cards, at 30s. a hundred—they were struck off, and were waiting for the prisoner to bring back the centering—these are the form of the cards—(looking at one)—one of the cards in this state was delivered to him, for him to get the centering for them, which was to be got at Godfrey's house—he said he received the order from Godfrey soon after the cards had been delivered to him—he said they had not made up their mind about the centering—I saw some money paid to the prisoner on account of this order from Godfrey and Son—I cannot positively say the amount—it was paid by Mr. Hatton.
NATHANIEL GODFREY, JUN . I am the son of Mr. Nathaniel Godfrey. I did not give the prisoner any orders for card-plates on the 29th of April—about April, he produced a card, similar to this, from a portfolio which he carried under his arm—he produced it merely to try to get an order—I never gave him any order—we carry on business as vinegar manufacturers at Bank-side—my father never gives orders without consulting me—I am the usual person who gives orders.
Cross-examined. Q. Have you any brothers? A. No—we said we liked the design, but gave no order—it is not impossible, but we might have bought the cards if he had brought them—we had no intention of it.
Cross-examined. Q. By whose directions did you pay it? A. I paid it according to our agreement with him—I was party to the agreement—it was not in writing—my partner, his son, and myself were present—he got his per-centage as soon as he got his orders, whether the things were executed or not—if the order had been countermanded he would have to refund it—it would have been deducted—there have been instances of his refunding—he received no other wages—he obtained a great many orders—I cannot tell how many, perhaps 200, and we executed some, and some not.
MR. CLARKSON. Q. How many has he represented he had orders for? A. Twenty—he has stated false orders to the amount of 381l.,—we should be at the expense of working up the orders—we reckoned our loss between 200l. and 300l.—when he has told me orders were not to be executed, he has returned the per-centage—he did not tell me these of Trueman and Godfrey were not to be executed—he absconded, and borrowed 10s. of me for his journey, saying he was going to Maidstone to collect orders.
delivered to Mr. Hatton, in my presence, an order from Charrington and Co. to engrave a plate, at ten guineas, and 2,300 cards, at ten guineas—a drawing bad been prepared of it at the prisoner's suggestion, after he received the order, as he represented—after the drawing had been prepared, he received it to show to Charrington—on the 11th of September, I saw him paid his per-centage on this order, 3l. 11s. 4 1/2 d., in sovereigns, shillings, some half-crowns, and some halfpence—it was executed, and completed on the day he absconded.
Cross-examined. Q. It was his custom, was it not, to go to places to obtain orders? A. Yes, they were the instructions he received from the firm—he did not live in our house—we do an extensive trade—we never print cards without having a direct order—we had supplied the prisoner with a drawing for Charrington, and also for the others—he was taken into custody on the first Monday in December, in Holland-street—I have talked to his wife on this subject—I have made no proposition about her assigning over, or his assigning over, her property to me—I said Godfrey told me it would be made all right, that she had property—I believe she came to us first—I saw her first after he had absconded, but before he was taken—she came to our counting-house—I had not sent for her, nor had any of the firm to my knowledge—I never told her if she would assign over her property I did not care a d—m about him, nor say it would be better for her to make it over, to my recollection—I might have said it, and not recollected it—the prisoner said, when he was taken, "If you go to Mrs. Godfrey it will be made all right"—I went to see her after he was in custody—I should not have taken any property of hers without legal advice.
MR. CLARKSON. Q. Did you know what had become of him between the time of his getting the 10s. and her coming? A. No.
WILLIAM HENRY PINDER . I am managing clerk to Charrington and Co. It is my duty to give orders—all their orders go from me, and come to me—I received a quantity of cards like these, purporting to come from Reed and Hatton, about six weeks since—we had not given orders for such—I had never seen the prisoner, and had given him no orders for these cards—we never use them.
Cross-examined. Q. There are a great many persons in your business? A. Yes—the prisoner might have seen the parties—there are four Mr. Charingtons,. and Mr. Head.
GUILTY. Aged 36.—Recommended to mercy by the Jury.— Confined Four Months.
412. JOSEPH PAMPHILON was indicted for stealing, on the 23rd of December, 1 bottle, value 2s.; 4 gallons of spirits of wine, value 3l. 12s.; and 1 basket, value 2s.; the goods of Edward Bowerbank and others, his masters; to which he pleaded
GUILTY . Aged 34.— Confined Three Months.
GUILTY . Aged 31— Confined One Month.
MR. FRAZER conducted the prosecution.
JAMES STONE . I live at the Brecknock Arms public-house, Camdentown; the prisoner was my pot-man. On Saturday, the 11th of December, I was returning home, and met him—I said, "Where are you going?"—he said, "To the Eagle"—I asked what he had got under his arm—he said his things—I said, "Does your mistress know you have taken your things away?"—he said "No"—I said, "I should like to see"—he said, "I have nothing of yours"—I said, "We had better see"—We turned back, met the policeman, and went into the bar-parlour—I asked him to open the—while he did so, in turning over the things, I saw a coat which I knew to be mine—I asked whose it was—he said it was his own—I put it on and said, "Now, so you persist in saying it is your?:—he said, "Yes, I will take my oath of it"—I gave him in charge.
Cross-examined by MR. PAYNE. Q. Was he employed to sell the beer to different persons? A. Yes; he had to take out beer to workmen—he was responsible for the beer he took out—he was allowed a halfpenny or farthing per pot—some of the parties he sold beer to were in the habit of going to the Eagle, very probably—I have no doubt about this being my coat—I know it by a tear in the cuff—this handkerchief I had from a tenant—the coat was tied up in it—there were many other things in the handkerchief which I do not claim—the Eagle is half a mile from my place—he did not try to run away—there was a way across the fields—he was to have left me on the previous Monday if he had settled his accounts—I cannot tell who he had trusted—his wages were deducted from the amount.
RICHARD WAKEHAM (police-constable S 219.) The prisoner was given into my charge—I accompanied him back to Mr. Stone's house—he opened the bundle—Mr. Stone identified this coat—the prisoner said it was his own—Mr. Stone then gave him in charge—he then said there was nothing else belonging to Mr. Stone in the bundle.
Cross-examined. Q. When was that? A. When I was tying up the bundle—I met them a quarter of a mile from the house—I am sure he said there was nothing in the bundle belonging to Mr. Stone but the coat.
NOT GUILTY .
JOHN WELSENAER . I am in the employ of James Smith and James Sharp, coal-merchants. On the 2nd of December I saw the prisoner running away from an inspector of the Thames-police, and a lot of coals were lying under the head of one of Mr. Smith's barges—he ran from the direction where the coals lay—they had been removed from some of the barges—I cannot say positively whose they were.
THOMAS GRAHAM (Thames police-inspector.) On the 2nd of December I was passing down the river in a boat, and saw the prisoner close to Mr. Smith's barge, pulling coals off in the mud—after pilling them off, he tied them in a bundle—on seeing me he ran off, and left the coals—I am sure he is the person.
JURY. Q. Where was he standing? A. Alongside the barge—he sprang up with one hand, and pulled them off with the other—the coals were piled up.
Prisoner's Defence. I took them from another wharf altogether; I ran away, because they always take you up for it; I happened to be coming by the barge, and the officer beckoned to me; I threw the coals down.
NOT GUILTY .
416. WILLIAM PAINE was indicted for stealing, on the 30th of December, 9 yards of printed cotton, value 3s. 6d., the goods of Josiah Draper;—also, on the 27th of December, 20lbs. weight of bacon, value 10s., the goods of Augustus West; to both of which he pleaded
GUILTY . Aged 23.— Confined Three Months.
DENNIS M'CARTHY. I live in Wellington-court, Drury-Lane. On the 10th of December I was working between Hampstead and Camden Tows—I had a shovel—I put it into a heap of sand, to hide it, on Friday night, the 10th of December—it was gone in the morning—this now produced is it—I had cut these holes in it myself.
EDWARD ARMSTRONG . I am a labourer. I was at the Horseshoes public-house, at Hampstead, and bought this shovel of the prisoner on Saturday night, the 11th of December—I asked if it was his own—he said yet, it was—I am sure he is the man.
GUILTY . Aged 20.— Confined One Month.
418. THOMAS HOLDING was indicted for stealing, on the 18th of August, 5 printed books, value 2s.;—on the 13th of December, 3 printed books, value 35s.;—and on the 29th of September, 65 printed books, value 20l.; the goods of Henry Heald, his master; and also for embezzlement; to all of which he pleaded
GUILTY . Aged 47.— Confined One Year.
419. ANN WILLIAMS was indicted for stealing, on the 22nd of December, 3 sheets, value 3s.; 1 counterpane, value 1s.; 1 blanket, value 1s.; and 2 breast-pins, value 1l. 6s.; the goods of William Brown, her master; to which she pleaded
GUILTY — Confined Three Months.
JOHN THOROGOOD . I keep the Blue Boar public-house, Aldgate. Between six and seven o'clock, on the morning of the 23rd of December, the prisoner came, cut a hamper open, and took out a dead duck, which was going to Mr. Lowe's, of Leadenhall—he tried to make an entrance into the parlour—I collared him—he had a great many keys, and a screwdriver—some of them are skeleton keys.
Prisoner. He found nothing on me; I was drunk. Witness. He dropped some keys, and some of them were on him, and this hook and string
was found on him—the duck hung to it—he dropped the dock when I took him—he dropped the keys from under his coat.
WILLIAM DOWLING (City police-constable, No. 858.) I was called, and took the prisoner—the prosecutor gave me these keys, which were found on him—I saw the duck out of the hamper—the handle of the hamper was cut.
Prisoner's Defence. I am innocent of these and the duck. GUILTY . Aged 30.— Confined One Year.
THOMAS MARSHALL . I keep the Norand Arms public-house, Kensington. The prisoner was my pot-boy about six months ago—on the 21st of December I found my wine-cellar door forced open from the inside—I found the rum cask tapped, which I had left full—I dipped it, and found two or three gallons gone—I missed a basket, with twelve bottles of champaigne, and a few bottles of port and sherry—I sent to the station—this wine and basket of rum is mine—I have no doubt of it—the basket is certainly mine—I did not go down to the cellar on Tuesday—on the Wednesday morning I went down, and found it as I have stated—nobody but those acquainted with the place could have known how to get down—they got in from a back area, covered with boards and stones.
JOHN MARSHALL . I am the prosecutor's nephew. On Tuesday, the 21st, I saw the prisoner, about three o'clock in the afternoon, with another person—he was at my uncle's front door—he told me they were out of work, and asked if I would stand a pot of beer—they left, and went in the direction of the brick-fields—I know the prisoner had this handkerchief on his neck when I saw him, and part of the wine was found tied up in it.
ALFRED BLUNDELL (police-sergeant T 8.) I was on duty about seven o'clock in the evening of the 21st, and met the prisoner in Webb-lane, with two buddies under hit arm, tied in these two handkerchiefs—I turned back, and followed him—he was walking quick—I passed him on the opposite side—I looked back—he stopped—I turned, and was going back—he dropped what he had, and ran off—I ran after him above a mile—he got away—I am sure he is the man—he dropped these two handkerchiefs, with wine and bottles tied up in them—I saw it was champaigne when I went back to the station—I went to his house, and found him in bed—I had seen him on the Thursday—I went and searched the brick-fields, and found a bottle and two gallons of rum, and in a sewer near the place where I found the basket.
Prisoner I was coming in the afternoon from looking after work; the policeman took me at ten o'clock at night; I was not out after four that afternoon.
Witness. I have known him several weeks before—I was within one yard of him for forty yards, while he was running.
GUILTY . Aged 18.— Confined Nine Months.
GUILTY . Aged 19.— Confined Six Months.
423. WILLIAM TIDMAN was indicted for stealing, on the 19th of December, 2 sacks, value 3s.; 3 1/2 bushels of oats, value 10s. 6d.; and 1 bushel of chaff, value 6d.; the goods of George Sherborn, his master; to which he pleaded
GUILTY . Aged 17.— Confined Six Months.
424. WILLIAM JONES was indicted for stealing, on the 30th of December, 39 yards of worsted cloth, called mouselin-de-laine, value 1l. 145.; and 10 yards of worsted cloth, value 16s.; the goods of Evan Thomas.
JAMES CATER . I live in New-street, Cloth Fair, on the first floor. On the 30th of December, about half-past eight o'clock at night, I was alarmed by a noise in the house—I went down into the passage, and found some gown pieces there—I turned them over, and the prisoner came to me to the door, nudged me on my arm, and said, "It is all right" (the door bad been left open for us to come in and out) as he said it was all right, I took them up, and shut the door, shutting him out, and went next door, to inform my neighbour of it—when I went into the street again, the prisoner came and talked to me again—he said, "If you will let me have the things, we can make money of them; they are worth 5l. t and you shall have a share of it"—he and a man named Williams were then secured.
Prisoner. I never saw him, nor spoke to him.
ELIZABETH CRAWLEY . I am the wife of Charles Crawley, of New-street Between eight and nine o'clock, on the 30th of December, Cater came through a yard, and gave me information—I went out at the street-door round to his door, which was fast, and the prisoner and Williams were standing by the door—I asked what he wanted there—the prisoner took Cater by the collar, pulled him towards him, and whispered—I then heard him say, "You know what the things are, I will make it all right"—Cater replied, that he worked for his living—Cater walked away—the prisoner followed him, and said, "Will you do what I ask you? if not, you had better start them out of your place"—I went for a policeman.
RICHARD SAVAGE (City police-constable, No. 243.) Between eight and nine o'clock in the evening of the 30th of December, I was sent for—Mrs. Crawley pointed out the prisoner and Williams in New-street—I followed and took them—Jones got away, and ran down Cloth Fair.
EVAN THOMAS . I live at No. 160, Aldersgate-street, about 100 yards from Crawley. The goods produced are mine, and were lost on the evening of the 30th of December, about eight or half-past eight o'clock—a pane of glass had been cracked by somebody about a fortnight before, and on this night a fresh pane was taken out, and these goods taken through it.
GUILTY . Aged 21.— Transported for Seven Years.
THOMAS REED . I am a floor-cloth manufacturer, in partnership with Robert Maine and others; our manufactory is in Dover-road, and the warehouse in Leadenhall-street. The prisoner was in our service as errand-boy and porter for eighteen months, and was employed to receive small accounts—Mr. Curling owed us 1l. 7s. 6d. and Drake 2l. 13s.—the prisoner never accounted for these sums, which he should do immediately on hi. return from the errand, to Dodd, who manages the business.
Cross-examined by MR. PRICE. Q. Who engaged the prisoner? A. I believe Mr. Dodd—I am much out of town myself, and know very little of what passes in town—we paid the prisoner weekly.
WILLIAM DODD . I am clerk to the prosecutors. On the 23rd of October I sent the prisoner to Mr. Drake, a customer, for the money due the bill had been previously sent—it was his. duty to account to me for money received, when he returned—he said Mr. Drake was out he was to call again, and he had received no money—I sent him several times after—he never brought me the money—on the 21st of December I sent him to Mr. Curling for an account, and he called again the next day he returned, and said he was to call next week, and that he had not received the money—I gave him the account in each instance—the accounts prodiced were made out by me, and I find the prisoner's signature to them.
Cross-examined. Q. When did you send him to Curling's A. On Tuesday, the 21st—he went again on Wednesday—he was taken into custody the same afternoon—he had 8s. a week—there was 12s. due to him—I had deducted a week's salary, not on account of this money, but for a former occasion—on Saturday last three gentlemen, one of whom is in Court, called on me—the person in court said, "Here is Major Scott," and Scott handed over 14l.—I said "I will have nothing to do with it"—the person said, "If Mr. Maine don't agree to it, I will call on Monday evening," but they never called, and I have the money in my pocket—I believe it will not cover the loss.
COURT. Q. Did any body enter into security for him when he entered your service? A. He bad a character from his uncle, who verbally engaged to be answerable for all money that went through his hands—I my self had a very good opinion of him.
DANIEL CURLING . I live in Cheapside, and am in partnership with Joseph Procter and others. On the 21st of December, the prisoner called at our warehouse in Cheapside, and I paid him 1l. 7s. 6d.—he wrote this receipt—we had previously received the bill.
GUILTY. Aged 17.—Recommended to mercy on account of his character.— Confined Six Months
426. JOHN CLARKE was indicted for feloniously breaking and entering the dwelling-house of George George, on the 19th of December, at St. Pancras, and stealing therein 192 knives, value 16l.; 48 forks, value 2l.; 48 spoons, value 3l.; 12 pairs of shears, value 3l.; 3 pairs of skates, value 1l. 7s.; 12 pairs of scissors, value 18s.; 12 cork-screws, value 10s.; 3 pairs of sugar tongs, value 4s.; 2 saws, value 2s.; 1 hand-vice, value 3s. 12 ferules, value 3s.; 1 pair of shoes, value 2s.; 1 pocket-book, value 6d.; 1 half-crown, 3 shillings, 4 sixpences, and 3s. in copper; his property; to which he pleaded
GUILTY . Aged 20.— Transported for Ten Years.
GEORGE CASTLES . I am a boot-maker, and live in the Poultry. On the 22nd of December, between seven and eight o'clock in the evening, I was in my shop and heard a noise—I turned round and saw the prisoner, who had come about a yard and a half into the shop, going out with two odd boots—I followed and gave him in charge, about five yards from the door, to a policeman, who took them from him—these produced are them.
JOHN BARKER (City police-constable, No. 429.) I was on duty—I heard a call of "Stop him"—the prisoner passed me at that moment—I took him, and found the boots in his possession—as I took him along I asked the manner he was going to dispose of them—he said as they were odd ones, he should get 6s. for them, but if they had been a pair he should have 7s.—I asked what shop he was in the habit of taking them to—he said the shop where he sold them could match all kind of boots, and would take in any thing at a regular price.
Prisoner. I did not say that. I should have got 5s. 6d. for them.
GUILTY . Aged 28.— Confined One Year.
428. EDWARD SHARMAN was indicted for stealing, on the 1st of November, 17 yards of velvet, value 6l.; 9 capes, value 6l.; 6 shawls, value 3l.; 17 boas, value 24l.; 10 collars, value 1l.; 152lbs. weight of silk, value 120l.; 1 box, value 3s.; and 4 yards of canvas, value 2s.; the goods of John Ward; and HENRY GRIFFIN and JAMES STEPTOE , for feloniously inciting him to commit the said felony.—3rd COUNT, charging Griffin and Steptoe with feloniously receiving the property, well knowing it to have been stolen; against the Statute, &c.
MR. CLARKSON conducted the Prosecution.
JOHN OAKELFIELD . I am a warehouseman to John Littlewood and Co., of Wood-street, silk merchants. On Saturday, the 30th of October, I packed three bales of silk, one of which was marked "No. 5, H. S.," containing Brutia raw silk, 1cwt. 2qrs. 12lbs., value about 120l.—I forwarded the three to the Rose Inn, Smithfield, to go by Ward's wagon to Camden, in Gloucestershire—I believe it was addressed to Samuel Hiron—the other two bales were larger than this one—they were each in two wrappers, and corded outside.
I packed a box of furs and other goods, to be forwarded to Merton-in-the-Marsh, Gloucestershire, to Messrs. Busby and Jennings—among other articles there were ladies' boas, capes and shawls, all far, two short lengths of velvet, and some collars—they were to be forwarded by Ward's wagon, from the Rose inn, Smithfield—here is a ticket which came to me with the goods to be packed—(looking at three boas)—among the goods I packed there were boas of this description—here are two light squirrel boas, and one mock sable—I believe the value of the goods in the box to be about 40l.
Cross-examined by MR. PHILLIPS. Q. You do not speak positively to either of these?A. I cannot be positive they are the boas, but there were certainly boas of this description—there was a card on them, with the private mark, which is not here now—there are, no doubt, thousands of boas of this description in London.
MR. CLARKSON. Q. If these are what you sent, the tickets have been token off? A. Yes.
JAMES BOYS . I am one of the entering clerks at Ellis and Co.'s. On the 30th of October I entered the goods, to be put into a box for Busby and Co., which a person at the counter called over to me—I hare the book here—there were four squirrel boas called over to me, and three mock sable—those produced are two squirrel and one mock sable—there were only two squirrels of this description—I afterwards called over the entry from the book—Weston saw that the goods were correct—another person had called them over to be entered, and we found them correct.
Cross-examined. Q. Did you look at the boas? A. No—Hartley called them over the first time—he is not here—these are not the best squirrel boas.
FREDERICK WESTON . I am warehouseman to Messrs. Ellis and Co.—Boys called his entry of these goods over to me, and I saw that the goods corresponded—there were only two of this description of squirrel boas, but more, squirrel—there were two such as these in the box—there were mock sables at 3s. 8 1/2 d., and this one is about that price—they were sent out to be packed.
Cross-examined. Q. Do you know who actually packed the box? A. I believe Edmonds—there were eight squirrel and three mock sable boas—these are squirrel-back boas—I cannot say these are the identical boas sent.
MR. CLARKSON. Q. Do you find an entry of squirrel boas of this quality and price? A. Yes—one of these is worth about 9s., and the other 12s. 6d.—there is an entry of a squirrel at 8s. 11d., and two at 12s. 9d.—these are about that value—these are the wholesale prices—those produced are about the value stated—(reading the entry.)
JOHN BEAMAN . I am carman to Ellis and Co. On the 30th of October I took a box of goods and a truss, directed to Busby and Co., at Merton-in-the-Marsh, to the Rose-inn in Smithfield—I have the signature in my book of the clerk at the Rose acknowledging the receipt.
WILLIAM WRIGHT . I am the proprietor of the Rose Inn-yard, Smithfield. On the 30th of October I signed this receipt for a box and truss, to go by Ward's wagon, to Merton-in-the-Marsh—the wagon left on the 1st of November—it ought to have arrived at Chipping Norton on Wednesday morning, and would be delivered that day, or the next—I afterwards had information that the goods had not arrived.
JOHN KINNER . I am clerk and book-keeper at the Rose-inn—I signed the waybill of Ward's wagon, on the 30th of October—the wagon started about five o'clock in the evening of the 1st of November—here is the waybill—I remember receiving three bales, directed to Mr. Hiron, of Camden, Gloucestershire—they are entered in the bill—I saw the bales in a put of our warehouse, which we call Ward's-corner—I saw them safe on Monday afternoon, the 1st of November, about three o'clock, when they were brought out to be packed in the wagon—Griffin loaded it—I sent the waybill by the mail, to Mr. Ward—the entry is, five trusses and one box—there must have been four trusses besides the one in question.
RICHARD HALL . I am porter to Mr. Wright, at the Rose-inn. On the 1st of November I assisted William Seal to load Ward's wagon—we carried the goods up, and the prisoner Griffin was in the wagon, to stow them away—I remember the box for Busby and Co., and three bales of silk for Camden—they were loaded in the wagon—there was nothing to show they were silk, but they are so entered in the waybill—the wagon was secured by ropes before it left—Leeson drove the wagon—I have been in Wright's service twelve months—I knew Steptoe by sight, but not to speak to him—he was wagoner to Mr. Ward, and had left.
Cross-examined. Q. Was it not Griffin's business to assist in loading the wagon? A. Yes, and Seal to help—he should be in the wagon, and I was to carry the goods up to him.
WILLIAM SEYMOUR . I am guard to Ward's wagon. On Monday, the 1st of November, I went with it—Leeson drove—I went with it as far at Loudwater—Leeson and I leave it there, and other men go on with it—we stopped that night at the Green Man and Still public-house in Oxford street, and Leeson sent me on from there to the Gloucester warehouse near the top 'of Oxford-street, at the corner of Park-street—the Green Man is about the middle of Oxford-street—after going to the Gloucester warehouse, I was to go down to Williams's, which is a public-house about 200 yards further down, and to wait there for the wagon—it is beyond the Military Chapel, on the Bayswater-road—I had put a little straw into the tail of the wagon, and when I came up to the wagon, from the public-house, it was not in the state I had left it—it looked rumpled about, and I thought some had been taken away, and there was a vacancy in the wagon, near the straw—I mentioned that to Leeson—I had not been in the habit of leaving the wagon at the Green Man and Still before that night—I was to see if there was any goods for the wagon at the Gloucester warehouses—I never went there before to inquire for goods—I was away about an hour—after joining the wagon again, I did not leave it till it got to Loudwater, at nine o'clock next morning—the ropes were all right when I left the wagon—on the 4th of November I remember Leeson staying it home ill—he was at home just a fortnight—I continued to travel as guard to the wagon during that fortnight—in the course of that fortnight I saw Griffin at the White Black Bird public-house at Loudwater, where we stop—he lodges at a cottage just behind the White Black Bird, with Mr. Turner.
Cross-examined. Q. Did you see that the ropes were cut afterwards? A. No, when I heard they were cut I said nothing to Leeson about it—I spoke to him when I thought I missed something out of the wagon in Oxford-street—he denied that any thing had happened, and persuaded me so.
MR. CLARKSON. Q. If he had not you would have stopped and let your master know of it? A. Yes.
ill at Loudwater—I acted as wagoner for him while he was ill, and during that time I saw Griffin at the Rose Inn, Smithfield—I knew him—he gave me two sovereigns at different times, and told me to give them to Leeson—he gave me the first on a Saturday, and the other on the Monday following—I came to town about five o'clock on Saturday morning, and left about fire on Monday morning—he told me to give them to Leeson—he said he had them from Leeson's brother William, to give to him—I gave them to him at Loudwater—when Griffin gave me the sovereign on Monday, he was loading Mr. Ward's wagon.
Cross-examined. Q. That would be his business? A. Yes, I told Leeson his brother had sent him the sovereigns—he took them both—he said nothing about expecting them from his brother—he made no remark, and did not seem surprised.
MR. CLARKSON. Q. Did you tell him that you received them from Griffin? A. Yes, and that Griffin told me his brother sent them.
WILLIAM LEESON . I am John Leeson's brother, and am butler to Miss Lisle, of Clent-grove, Stourbridge, Worcestershire. I do not know Griffin and never spoke to him in my life—I never gave him any sovereigns to send to my brother at Loudwater, nor any sum of money at any time—I was not in London to do so.
WILLIAM ACKERMAN . I am in Mr. Ward's service, and live at Chipping Norton. Mr. Ward's wagons come there from Loudwater—it is seventy four miles from Loudwater—it is my duty to unload the wagon when it comes down—I remember the wagon arriving on Wednesday, the 3rd of November—Mr. Ward gave me this way-bill that same day—I examined the goods in the wagon with the way-bill—I found two bales directed to Hiron and Co.—there ought to have been three—among other goods catered on the way-bill directed to Busby and Jennings, was a box—there was no such box in the wagon—the ropes of the wagon were out when it got to Chipping Norton.
JOHN SMITH . On a Sunday, about a fortnight after the wagon was robbed, I saw Leeson and Griffin together at the White Blackbird public house, Loudwater—there was no talk between Griffin and Leeson, or in their presence, about the robbery—I asked Leeson about the robbery—Griffin was then in the kitchen—Leeson was outside the screen—I was in company with Leeson and Griffin for about a quarter of an hour at the White Blackbird that night—I saw Leeson first—he came outside the ween, and had some talk with me—it is a seat which goes round in the house—after I had some talk with Leeson, Griffin came out to us—when they were both present I said I found the ropes were cut before I got home—(I was the wagoner that went on from Loudwater with the wagon)—Griffin said that was enough for he, he would tell his master as soon as he got home to London next morning—he appeared pleased when he said them words—there was no other conversation in Griffin's presence about the robbery—the other conversation was with Leeson and the foreman at Loudwater.
Cross-examined. Q. Did Leeson say nothing when you said the ropes were cut? A. No—all he said was that he knew nothing about the robbery—that he knew nothing about it.
MR. CLARKSON. Q. What did you say to him about it? A. I told him his master had desired me to ask him whether he knew anything about the robbery, and he said he knew nothing about it more than I did, and I said I knew nothing about it.
COURT. Q. What brought him down to the White Blackbird public-house when his business was in London? A. His sister lives at the White Blackbird.
BENJAMIN BUTCHER . I am porter at the King's Arms' public-house, Holborn-bridge—Sharman was employed as a porter there—on Monday night, the 1st of November, he was not at his place where he ought to have been—it was his duty to have been there at that time—he went to dine at two o'clock, and did not return any more that night—he ought to have returned in an hour, or an hour and a half.
Cross-examined. Q. Men are sometimes absent from work? A. Sometimes—I have been absent myself for an hour or so—never more without leave—I give leave to the men, and when I want leave I ask Mr. Parker—the others might have leave from Mr. Parker.
MR. CLARKSON. Q. Is Mr. Parker in London? A. Yes.
JOHN LEESON . On the 1st of November last I was wagoner of the Gloucester wagon as far as Loud water, and had been so about four months—I succeeded Steptoe, but not for a month or six weeks after—about three weeks before the 1st of November, Steptoe and I were in the Rose yard—he said he could put me in a way of getting out of my trouble, and putting a bit of money in my pocket—I was in trouble at that time—I had not long lost my wife—he did not then say how it was to be done—I understood what be meant—I knew what he intended to do by what he said—he said he could put me in a way of helping me out of my trouble, and putting a little money in my pocket by taking something out of the wagon—I refused it then—he repeated that to me on three different occasions, and I refused—before the 1st of November I saw all the prisoners on the same subject—there was no appointment to meet anywhere on Monday the 1st of November—we did all meet at Mr. Rudd's public-house, in Newgate-street, adjoining the market, near to where we unload the wagon—nothing passed about the wagon or goods at Rudd's—we separated there—I went to the Rose inn with the wagon—I had been to Newgate street with it—we always draw it there to be unloaded of the meat which comes up from the country—after I had taken the wagon home I went to a public-house in Warwick-lane—Sharmancame to me there and said, "We have got a bale as will just suit us"—I said, "Very well"—I agreed to it—I had been acquainted with Sharman, and knew he was a porter at the King's Arms' public-house—I then went to the Rose—I saw nothing more of Sharman till the wagon was loaded and started—when I got to the Rose I saw Griffin, and after the wagon was loaded he told me that he had loaded the bale of silk and the box in the wagon just right behind—the box had not been mentioned in the morning—Griffin first mentioned the box to me in the Rose-yard—he said he had put them right, behind, and they would be handy to take out when we got to the Gloucester—some straw was put in the tail of the wagon for the guard—I did not myself see the box and bale put in—we started about half-past five, and went to the Green Man and Still, in Oxford-street—I then sent the guard on to the Gloucester ware-house—it was not usual to send him there from the Green Man—I sent him because we were going to take these things out of the wagon—I thought it would be convenient to get rid of him—he was to go from the Gloucester to Williams's, Andover-house, in the Bayswater-road—he went on before, and I followed with the wagon—after he was gone I saw Shar-man
at the Green Man alone—it was then about twenty minutes to seven—I did not speak to him—I went on to the Gloucester, and saw him again there, with a man and a horse and cart—I did not know that man—I did not stop at the Gloucester—I drove the wagon just by—I saw Sharman get into the wagon, and put out the bale of silk and the box, which he gave to the other man, who was in the cart—we then all went into a public-house opposite the Gloucester-hotel, and bad something to drink—the Gloucester-warehouse adjoins the Gloucester-hotel—after we had—the drink they went away with the bale and the box, and I went on with the wagon to Williams's—I there found the guard—he said he thought there was something taken out of the wagon—I said, "Nonsense, what makes you think that?"—we went on to Loud water—I did not go farther than Loudwater—I lodge at Mrs. Turner's there, at the back of the White Blackbird public-house—on the 4th of November I was ill, and remained so for a fortnight—I saw Griffin there, during that fortnight, at the White Blackbird—we had something to drink, and Griffin said they had sold the box for 10l., and they drawed 10l. on the bale of silk; that they had been bid 80l. for it, which they refused, and had taken it down into—Kent, and drawed 10l. on it—he told me Mr. Ward had been writing up some letters about these things being missing, and he told me that the silk was not found out then—he asked me whether I wanted any money—I said no, not then, I had got 1l. in my pocket—I received a sovereign from him a week after, and before that I had received two sovereigns from the wa goner, John Maynard—when he brought me the first sovereign he said, "I have brought a sovereign from your brother William, which Henry Griffin gave me;" and he told me the same when he brought me the other—On the day the things were stolen I saw Steptoe against the Rose gateway, and he said he would make it all right with me, for he would go and cut the ropes on the other man's ground—he said he should go down by the rail-road and meet the wagon at Wheatley, which is beyond Loud-water—when I got well I came up to London—I had before that received a message from Mr. Ward, by Smith, to know whether I knew any thing about it, and I denied any knowledge of it—when I came to town, after my illness, I saw Mr. Ward—he taxed me with it, and after some time I told him what I have now stated—I remember seeing Griffin inside the White Blackbird when Smith was there—I cannot tell what passed, for I was standing up against the fire, and they were in the passage—Smith did not speak to me then—he had no conversation with me—I did not hear what he said to Griffin, because I was as far as ten yards off—Griffin afterwards told me that Smith had told him the ropes were cut—he said no more about it.
Cross-examined. Q. You are quite sure of that? A. Yes; that was all I heard about it—I had no conversation with Smith at the White Blackbird then about the robbery, nor in Griffin's presence at any lime—I several times had conversation with Smith about the ropes being cut, but never in Griffin's presence—I did not learn about the ropes being cut till a week after the robbery—there were no passengers in the wagon when the cart drove up—that I swear—we had some passengers after we went away from there, but there were no passengers in the wagon when the box and the bale were taken—I swear that—we took up four passengers at the Andover-house—we did not take up any more on the road—I swear that—there was one woman, not two—the guard saw me take up the
passengers at Andover-house—after the robbery was committed, Shaman, I, and the other man went into a public-house opposite the Gloucester, and had something to drink—we were served by a waiter or barman, who had an opportunity of seeing us together—none of them are here to-day that I know of.
Q. Did you expect to be prosecuted for this? A. I do not know—yes, I expected I should, if I had been found out—I cannot say whether I shall be prosecuted now—I have no more to say—I have said all that 1 know—I cannot answer what I do not know—I cannot say whether, by giving evidence against these men, I shall not be prosecuted—of coarse it is to save myself, that I give evidence—I expect I shall escape being prosecuted—Griffin and Smith were talking together at the White Blackbird public-house, but I stood ten. yards away from them—I never said anything to them—they asked me no questions—I heard them speak about the ropes being cut—I did not deny to Smith that I knew any thing about the ropes being cut, not till a week or two afterwards—I did not know anything about the ropes being cut—I did say to Smith I knew nothing about the ropes being cut.
Q. Did not you tell me this instant that you said nothing at all in the conversation, but was ten yards off? A. Not in Griffin's presence—I can swear I did not—I did not hear what passed between Smith and Griffin—I was conversing with another man, an engineer at a paper-mill—I cannot say what answer Griffin made to Smith when Smith spoke to him about the ropes being cut—that was all I heard about it—Griffin made some answer, but I did not hear him, because I went away up to the fire-place—Smith asked me if I knew anything about the robbery, and I denied it—I denied it all through, till I was afraid Mr. Ward would have me taken up and tried for it—my mind was not at rest—I could not rest—I never committed any such deed in my life before, and my mind was very uneasy, I could not rest.
Q. What, out of a religious feeling? A. Well, I do not know about religious feeling—it was for fear of my personal safety—I cannot say whether I shall be prosecuted if the prisoners are acquitted—I should say not—I do not know why—I have told every thing that Steptoe and Griffin said to me on the subject of this robbery—I have kept nothing back.
GEORGE HAM (City police-constable, No. 205.) I look Steptoe into custody on Monday, the 29th of November, at his lodging, in Griffin's house, No. 28, Sharp's-alley—I found this dark boa there, not in the room in which Steptoe lodges, but in Griffin's sleeping-room, it was in a box under a table on the right-hand side of the room, going in at the door—I took Griffin the same day, at the Rose-inn in Smithfield, about a quarter past six o'clock in the evening—I took Sharman at the King's Arms public-house on Holborn-bridge—I searched his lodging at No. 6, Turn-again-lane, Farringdon-street, and there found these other two boas—I did not tell the prisoners what they were charged with when I took them—they said they did not know what they were taken into custody for—they said nothing more—I believe Steptoe has not a wife—Griffin has, and she told me it was their sleeping-room—it had the appearance of a room occupied by a female as well as a man, by the clothes about the room.
were cut before I got to Chipping Norton, and when he said that was enough for he, and he would tell his master, Leeson was outside the settle—he was in sight, and near enough to hear—he was on one side of the house, and we on the other—he did not join in the conversation with Griffin—I cannot say whether he heard Griffin's observation to me—I put no question to Leeson about the cutting of the ropes—the words I said were, "I was to ask you Leeson about the robbery, whether you knew any thing about it or no"—he said he knew nothing about it—Leeson took no part in the conversation respecting the ropes—it was before I mentioned about the cutting of the ropes that he said he knew nothing about the robbery.
NOT GUILTY .
NEW COURT.—Tuesday, January 4th, 1842.
Sixth Jury, before Mr. Common Sergeant.
429. WILLIAM PEARCE was indicted for stealing, on the 10th of December, 2 pairs of reins, value 7s. 6d.; 2 back-bands and tugs, value 5s.; 1 pair of stirrup-leathers, value 1s.; 1 pair of scissors, value 1s.; and 1 duster, value 1s. 6d.; the goods of Basil George Wood, his master; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 45.— Transported for Seven Years.
430. WILLIAM ELLERSON was indicted for stealing, on the 14th of December, 1 smock-frock, value 3s. 6d.; 1 pair of stockings, value 1s.; 1 shirt, value 2s.; and 1 handkerchief, value 6d.; the goods of James Sawyer; to which he pleaded
GUILTY .* Aged 24.— Confined Nine Months.
GUILTY .** Aged 18.— Transported for Seven Years.
GUILTY . Aged 59.— Transported for Seven Years.
THOMAS MANSFORD . I am a tobacconist, and live in St. John's-lane. About four o'clock, on the 17th of December, I was in the parlour behind my shop—I turned my head from the shop towards the fire—looking at the shop again I saw two boys—the biggest one was in the act of reaching some cigars from the window—he got them, and handed them to the prisoner—they ran out—I followed them about fifty yards, but finding they were going to turn off in different directions, I secured the prisoner with the cigars—he dropped them at my feet, and said he did not take them—the biggest boy who took them made his escape.
Cross-examined by MR. PAYNE. Q. Have you any other name? A. No—he dropped the cigars about fifty yards from the shop.
GUILTY. Aged 15.—Recommended to mercy by the Jury and Prosecutor,
Confined One Month; the last Week solitary.
MR. PHILLIPS conducted the Prosecution.
ISAAC WILSON . I am in partnership with Mr. Joseph Wilson and another—we carry on business in Milk-street, and manufacture at Nottingham and Derby—the prisoner was in our employ for about two years and a half as warehouseman. In August last Inspector Waller brought me a pair of brown cotton hose—in consequence of what he said I accused a porter named Townsend—he caused Lemon to be brought to me, who made a statement to me—I spoke to the prisoner in consequence of that—I asked him how he could account for these goods—he said he was employed by a man to sell them, but he would not give his name—M'Lean then said be must take him into custody.
EPHRAIM LEMON . I am a general dealer, and live in Beer-lane, Spitalfields—I have known the prisoner twelve or fourteen months. In the beginning of August he asked me to buy some stockings—he showed me a sample—I told him I did not understand them—he gave me two pain, and said, "May be I could get something by them to buy them of him"—these two were for samples—I showed them to one and another, and next day bought them for 10s. a dozen—I bought seven dozen—I sold four dozen and seven for 10s. 6d. a dozen—he gave me credit for the last 18s.—I afterwards sold some to Mr. Dewey, a publican—M'Lean called on me, and I went to Fetter-lane with him—the prisoner was found there.
Cross-examined by MR. BALLANTINE. Q. What does "general dealer" mean? A. Buying any thing I can get hold of in an honest way—I first met the prisoner in the Nottingham Castle public-house—every person that comes into that house knows I am a dealer—I have lived where I do for three years and a half—know Townsend now—he found me by means of Mr. Dewey—I do not know whether stockings are to be sold cheap at sales—I never bought such things before.
THOMAS DEWEY . I am landlord of the tap of the Swan-with-two necks. In August Lemon came to me to sell some brown cotton stockings—I bought a pair from him for 1s.—I considered it very cheap—in consequence of that I sent for Inspector Waller as I thought they were stolen—Lemon came to me again, and bought twelve pairs the second time—in consequence of my suspicion I detained the twelve pairs while I sent round the neighbourhood—Mr. Wilson has got one pair of them—the others I used—I am sure this pair is one of the pairs out of the dozen—I gave them to Waller.
Cross-examined. Q. Had you known Lemon before? A. Yes—I had seen him before.
and found him in fretter-lane—Lemon was with me—he identified the prisoner—I told the prisoner if he wished to say any thing I was willing to hear, but should ask him no questions—he did not say anything at Mr. Wilson's warehouse—he said he had bought the stockings at a person's connected with Mr. Wilson, but he should not name any person—Mr. Wilson was present when he said that—I am certain he said it was a person connected with Mr. Wilson.
Cross-examined. Q. Upon your oath, did he ever mention the name of Mr. Wilson, or having got them from any person connected with Mr. Wilson? A. I am certain of that—I knew it at the police office, but had not the memorandum that I took at the warehouse with me—this is it—I made this in Mr. Wilson's counting-house, when the prisoner was there—I had lost it, I found it at home—on my oath it was written at the time.
ISAAC WILSON re-examined. I saw M'Lean write this paper—when I was before the Magistrate, I asked him for it, and he said he had left it at home—I did not hear the prisoner say he got them from a person connected with Mr. Wilson—I heard him refuse to say where he got then from.
Cross-examined. Q. Then what M'Lean has stated is not the fact? A. It is not the fact—it is possible something may have been said afterward—I was connected with some persons at Brighton who kept a hosier's shop—we supplied them with a great quantity of stockings—they broke, and their stock was sold off—I can swear that stockings of this description were not supplied to Messrs. Beamond of Brighton.—our salesman sold the goods to them—he says to me, "I have sold a parcel of goods," and they are entered, and sent down stain—our porters see them off from the warehouse—we make a great quantity of these—I speak of these from our own manufacturing marks, which are worked in the stockings.
MR. PHILLIPS. Q. What would be the fair price of these stockings? A. 7s. a dozen, 1s. 5d. a pair—that is our wholesale price.
JURY. Q. How long is it ago since you took stock? A. On the 12th of August—we missed nineteen dozen and ten pairs of stockings between the 12th of August and the time this man had notice to leave.
WILLIAM CHRISTOPHER JOHNSON MASON . I am in the employ of Messrs. Wilson. The room in which the prisoner was employed is on the basement-story—there is a communication from the room to the street, by an iron gate—it is not used by the young men generally—I have seen him pass out three or four times by that gate—he said he was going to look for a situation.
(The prisoner received a good character.)
GUILTY. Aged 31.—Recommended to mercy by the Jury.
Confined Nine Months.
MR. CLARKSON conducted the Prosecution.
ABRAHAM CROFTON RIPPON . I am one of the firm of Rippon and others. There are two partners of the name of Rippon, and one other—we are wholesale manufacturers of tobacco and snuff, in Bartholomew-close
—tobacco is purchased in a dry state—that from America is not in the same state in which it is sold, but it is consigned in a leaf state, and the dryer it is the higher the price it brings in the market—the dry tobacco is 7d., and 8d. a pound—I believe 9d. is the highest priced tobacco—there is dry tobacco to be bought at 2d.—I have been there thirty years, succeeding an uncle who carried on the business where it has been carried on for t century—it must be liquored before it can be manufactured, otherwise it is not shag tobacco, or returns, or oronoko—it is absolutely requisite to have some fluid applied to it, which of course adds to the weight, and the manufacturer obtains a profit by means of the difference between that and the dry state—in consequence of suspicion on the 17th of December, I caused my servants to be searched before they left the place—the prisoner had been one of them for several years—I had reason to discharge him once, but he came again on the 17th of July—he was what is called a filler—he received 26s. a week—I was not present when the officer searched him—he would not be searched on the premises—I gave him in charge of two officers, with strict orders to take hold of his hands—he went to the station—I hare since seen this 3lbs. of tobacco in a bag produced by an officer—the prisoner had no authority to have tobacco on his person belonging to me—this is in process of manufacture—it is not fit for consumption—it common shag tobacco—the prisoner's house was searched, and a quantity of tobacco was found.
Cross-examined by MR. BALLANTINE. Q. You import it from America? A. No, we purchase it from merchants, it is then leaf tobacco; it goes through certain processes at our warehouse, and we call it different names, returns or shag, or birds'-eye—if tobacco was spoken of, I should understand leaf—there are several ingredients in the liquor, which adds to the weight—there is a duty of 3s. 2d. a pound—we sell it at 3s. 2d. or 3s. 4d. a pound.
MR. CLARKSON. Q. Is it still tobacco? A. Yes.
ABRAHAM STONEHAM (City police-constable, No. 287.) I was called to Mr. Rippon's, to search the prisoner—he refused to be searched, and Mr. Rippon gave him into custody—I took him to the station, and took this bundle of tobacco from between his trowsers and his person inside—I went to his lodging, and found a large quantity of tobacco under the bed, in an earthen pan.
?Cross-examined. Q. Have you weighed it? A. Yes—there is 71/4 lbs.—I found some in a little pocket under a smaller bed.
Cross-examined. Q. Was it the custom to allow persons in your employ a certain quantity? A. Yes, two or three ounces were given by our foreman to each man who uses tobacco—we give them fine shag—not bird's-eye—the foreman is not here.
(The prisoner received a good character.)
GUILTY . Aged 40.— Confined Six Months.
MR. CLARKSON conducted the Prosecution,
ABRAHAM CROPTON RIPPON . I am one of a firm of three persons—we are wholesale manufacturers of tobacco and snuff, in Bartholomew-close—the prisoner was in our employ. On the 17th of December I caused him, among others, to be searched—these two pounds of shag tobacco were found between his shirt and flannel waistcoat—he came into our employ on the 4th of September—he had 28s. a week—he was a dryer—this is in the game state of incompleteness of manufacture as that in the last case.
Cross-examined by MR. BALLANTINE. Q. Is it not in such a state that it might be used? A. It might be used, but it is not in the state we send it out—I cannot positively swear to it, but I have no doubt of it.
GUILTY . Aged 32.— Confined Six Months.
THOMAS NORTH WILKINS . I am in the employ of Charles James Hodgson, of the Strand. I was called into the shop about half-past eight o'clock in the morning of the 18th of December, and saw the prisoner, who asked me for a pennyworth of milk of sulphur—I gave it to him—he paid me 1d., and went out—about half-past ten the officer came in—I then missed this scent-bottle now produced—it is my master's.
Prisoner. Q. What did I give you? A. Two halfpence—you did not give me 1s.—I did not send the errand-boy for change—I swear to the bottle by the air-bubbles in the stopper, and a little notch in one of the edges—there were no more bottles of this description—there was nothing else you could conceal so easily.
Prisoner's Defence. I hawk glass about the streets; I bought half-a-dozen of these scent-bottles, nearly a fortnight before, at Mr. Williams's glass warehouse.
GUILTY . Aged 28.— Confined Three Months.
438. CHARLES SMITH was indicted for stealing, on the 29th of December, 1 tea-chest, value 2s. 6d.; and 60lbs. weight of tea, value 14l.; the goods of Elizabeth Whitehorn:—2nd COUNT, stating it to be the goods of William Bennett and others: to which he pleaded.
GUILTY . Aged 22.— Confined Nine Months.
GUILTY . Aged 18.— Confined Three Months.
WILLIAM BUNYER . I keep the Old Bell Tavern, Holborn-hill. In consequence of information from my waiter, I missed the looking-glass produced from the passengers' room—it is mine—I have not the least doubt of it.
Prisoner. Q. You have no knowledge of seeing me on your premises? A. No—I missed it in November—I cannot say when I saw it safe Keen gave me the duplicate of it.
JAMES LOCKYER . I am shopman to Mr. Dempster, a pawnbroker, in Blackfriars'-road. I took in this glass of the prisoner, about six o'clock in the evening of the 8th of November—I have no doubt of his being the man—I have the counter duplicate.
Prisoner. When you were before Sir Peter Laurie you had a doubt, and said it was a person about my age and size. Witness. I said no such a thing—I said I had no doubt of you.
HENRY KEEN . I live in White-street, Wilmot's-buildings, Borough. I was at Mr. Scale's public-house, and met the prisoner at two o'clock, on the 16th of November—he pulled out several duplicates, and said, "I had a looking-glass some time ago; I don't care who knows it"—be pulled out the duplicate, and said, "Who will have it?"—I said I would have it—I took it, and gave it to the prosecutor.
JOHN DRONE (City police-constable, No. 231.) I produce this duplicate, which I received from the prosecutor—it corresponds with the one produced by the pawnbroker—I have several other duplicates, which I found on the shelf, on Sunday morning, where I took the prisoner—I found some other duplicates under some wet ashes in the fire-place—Charles Otter way was bound over to appear, but he is not here.
Prisoner. Ottern way was the man who stole the glass. I knew better than to give the duplicate to a boy. A person named Chinnery gave the boy a ticket. Keen is a notorious pickpocket, and has just come from Brixton; he has been half a dozen times in custody.
Prisoner's Defence. I had not been in Holborn for two years; Mr. Chinnery gave Keen the duplicate, and they gave Chinnery 1s. 6d. for the loan of a large table-cover to cover this glass up, or another glass; it was pawned for 15s., and must have been a large glass; Chinnery told me he had a lot of beer-casks, and asked me to sell them; I sold eight to a brewer in Long-lane, but I went one day, and saw they were erasing the names of the casks; I said they were London casks, and were stolen, and they turned me out of the house; Chinnery owes me money now for hops which I sold for him at 1s. a pound, when they were worth 1s. 8d. On the 8th of November I was at Tunbridge-wells; I came up on Lord Mayor's day, and on the 16th, when Keen says I give him the duplicate at two o'clock, I was at a trial at Red Lion-square till half-past four, and did not get to the Borough till five.
WILLIAM CHINNERY . I am a cow-keeper, and live in Mint-street, in the Borough—I have known the prisoner about three months—I never heard any thing particular against him—I have only known him by drinking with him.
Prisoner. Q. On a Thursday, six weeks ago, had you and Brooks the baker a trial at Red Lion-square? A. Yes—you called at my
house, to go with me, and returned at half-past one—I saw a duplicate of a looking-glass that you got 1s. on—I did not give Keen the duplicate—I had no boy lodging at my house—I had no duplicate of a glass.
Q. On the night they stole the glass what was given you for a table cover to cover it? A. I never heard a sentence about it—I do not know where the prosecutor's house is.
Prisoner. He took 1s. 6d. for the loan of the table-cover; I am innocent.
GUILTY . Aged 45.— Confined Nine Months.
441. HENRY ADAMS was indicted for stealing, on the 25th of December, 6 1/2 lbs. weight of lead, value 1s.; the goods of John Swale, and fixed to a building; and that he had been before convicted of felony.
JOHN SWALE . I am a brewer, and live at Hammersmith—I have a malt-house, adjoining the Creek at Hammersmith—I had seen it almost daily—I had seen it all safe on the 24th of December—I received information from Mr. Renwell, and went to the malt-house on the 25th, about half-past twelve o'clock—some lead had been cut from the second window—I saw this lead which is here, compared with that remaining on the malt-house, by Mr. Jones, it is fresh cut, and corresponds with it and with the cutting—I believe this came from the malt-house.
VALENTINE RENWELL . On the 25th of December, about a quarter put twelve o'clock at night, I saw, as I believed, the prisoner at the second window of Mr. Swale's malt-house—I called to him, he slipped down the tiles, and hid himself behind some bushes—I said if he did not speak I would shoot him—he said his name was Jem Smith—I was then convinced it was the prisoner (I had known him before) as soon as I said I would shoot him he jumped into the water—he pasted the drains of several privies, went on to the wooden bridge, and there I lost sight of him—I went to the prosecutor, and we got a policeman, who found the prisoner—I have no doubt be is the person who said his name was Jem Smith.
Prisoner. You said yon thought it was me, Witness. I told the policeman it was you.
JOHN JONES (police-constable T 31.) I went to Mr. Swale's malt house, between twelve and one o'clock at night, I found the lead now produced cut from the premises—I have compared it with what remains, and am confident it corresponds in every way—I then went to the prisoner's house—I traced his foot-marks from the Creek to his door—I went in, and the candle was 'immediately put out, and three or four women collared me—I seized the prisoner, who was there, and another officer came to my assistance—the prisoner's shoes were off, and they are very remarkable—I have compared them with the footsteps about the place, and they appear to have been made by these shoes—they correspond in every respect.
Prisoner. He said, "I want you," I said, "What for?" and he would not tell me. Witness. The candle was put out by your mother—I was ill-used in the room by five or six persons.
Prisoner. The shoe-marks could not be sworn to when the water had been flowing over them.
GUILTY . Aged 20.— Transported for Ten Years.
WILLIAM PERKINS . I am agent to Mr. Thomas Cabbell, of Essex-court, Temple—he has two houses, No. 8 and No. 8 1/2, on Little Saffronhill—there was a copper boiler fixed at No. 8 1/2, and a copper at No. 8—I had not seen them safe for the last six or seven weeks—I went there on the 21st of December, and they were gone—I have examined the copper and boiler produced—I can identify the copper as having belonged to the George public-house, which is No. 8.
Cross-examined by MR. DOANE. Q. You only speak to the copper? A. No.
THOMAS KILBY (City police-constable, No. 213.) On Sunday, the 18th of December, from previous information, I was induced to watch from eleven o'clock till five—I then saw the prisoner take this copper and boiler from Mr. Connor's beer-shop in Field-lane—I followed him with them to Holborn—I then asked where he was going with them—he said they belonged to Connor—I said I did not believe it—he then said a person had engaged him to carry them to a person in Clerkenwell, and was to give him 2s., and the cart was waiting in Holborn—I took him to the station.
BRYANT CLINE (City police-constable, No. 251.) I stopped the prisoner, about half-past ten o'clock at night, on the 17th, in Union-court, with this copper and boiler—I asked where he was going to take them to—he said, "To Mr. Connor's, in Field-lane"—I followed him there—he took them in, and put them on the bar.
NOT GUILTY .
JOHN HOLLINGSWORTH . I am in the employ of Joseph Smout, of Upper North-place, Gray's Inn-road. On Saturday afternoon, the 18th of December, the prisoner came to the shop, between four and five o'clock—she took away a piece of pork, and went out in the street with it—my master was standing on the outside, and he took her—the pork found on her was my master's, I am certain.
GUILTY . Aged 42.— Confined One Month.
444. ANN FOLEY was indicted for stealing, on the 16th of December. 2 pairs of boots, value 14s., and 1 pair of clogs, value 1s.; the goods of James Fraser: and that she had been before convicted of felony; to which she pleaded.
GUILTY . Aged 31.— Confined One Year
HENRY SMITH . I am master of the Ann schooner, lying at Wheat heaf-wharf, Wapping. On the 2nd of January 1 left it, about six o'clock in the evening—I left the prisoner, who was employed there, and a boy on board—I left four sovereigns in a tin box, with the ship's papers—I
returned about half-past eight—the prisoner was then gone—I found the box broken open, and the sovereigns gone—the box was in the state-room—the state-room communicates with the cabin, and there is a skylight to the cabin—the prisoner could get into the state-room if he could get into the cabin, but not otherwise.
Prisoner. Q. Is the skylight open, could any body go down? A. They can, if they take the skylight off—there are two bars across—a larger person than the prisoner could get down without bending or breaking the bars—it has been tried.
WILLIAM CHAPPLE . I am watchman at the Wheatsheaf-wharf. On the night of the 2nd of January, at a quarter to seven o'clock, I saw the prisoner meddling with the skylight over the cabin of the Ann—he was moving it, to take it off or on—I said, "It is not so hot in the cabin that yon need to take that off; I am cold enough walking about"—he said, "It is not seven yet, is it?"—I said, "No"—I looked at my watch, and it wanted a quarter to seven—he then walked forward.
Prisoner. Q. You was on the quay? A. Yes—it was not very dark—there were no lights on the wharf but what were in my office—I was not so far from you as I am now—I will swear it was you I saw at the skylight—I did not see you take the skylight off, but I saw you moving it—I heard you in the cabin—there was no one on board but you and a boy, who was in the forecastle—a few minutes afterwards I went on the end of the platform, and spoke to the boy—you had not another soul on board who could go into the cabin—the master left about six o'clock, or a little after, and the mate a quarter after six—I had walked backwards and forwards on the quay after they left the ship—I had not gone above five or six yards—it is not possible for any one to get on board but through the wharf, except the way you got away, by the stern of the ship—I did not see you go—I have the keys of the wharf.
COURT. Q. Must you have seen any body go on board after the master left it? A. I must—the prisoner could not get away through the wharf, as I must have let him have the keys—the wharf is locked—there was a waterman's boat close to the stern.
WILLIAM JOHN SMITH (police-constable M 180.) I took the prisoner at a quarter past ten o'clock the same evening, at the Vine public-house, in Vine-yard—I found on him 2l. 2s. 5 1/2 d., and this new coat—the prosecutor asked him where he got it—he made no answer.
HENRY SMITH re-examined. It was the sovereigns I asked him about—I did not mention the coat—he had no coat belonging to him when he was in the ship—the night I stopped him, my mate lent him a coat to go to chapel in.
Prisoner. Q. Do you remember saying I was not half a thief, or I would have taken the watch? A. I did not.
Prisoner's Defence. I went on shore about seven o'clock; I met a man I had sailed with; he owed me some money; he paid me 2l. 10s.; be had this coat on, and said, "I will lend you my coat;" he had gone out of the Vine public-house when I was taken; the witness says he could hear me in the cabin, and yet he did not see me go down, nor yet come up; that is very poor evidence to convict a man on.
GUILTY . Aged 21.— Confined Nine Months.
JOHN HAZELL . I live in Strutton-ground, Westminster. On the 9th of March I lodged in York-street, Westminster, and the prisoner lodged in the first floor of the same house—she left, arid I missed a waistcoat, nightgown, and shift—I did not see her again till about a month ago—I then spoke to her about these things—she wished me to forgive her, and said she would get them back again—these now produced are the articles—I know this waistcoat to be mine.
Prisoner. He said he only wanted his things, and be would let me go, if I gave them to him. Witness. That is quite wrong.
Prisoner. I was in very great distress.
GUILTY . Aged 34.— Confined One Year.
(There was another indictment against the prisoner.)
HENRY PARKER . I am errand-boy to Mr. Charles Sherrard Jenkins, of Great Queen-street. On the 15th of December I saw the prisoner outside the window—he ran away with this book—I ran and overtook him—I asked him for the book—he would not give it me—he said he brought it from home—a gentleman came up and took him to Bow-street—the book was found on him in my presence—this is it—it is Smart's poems—it is my master's.
Cross-examined by MR. DOANE. Q. How long have you lived with your master? A. About twelve months—I was looking through the window—we—had a great many books outside—it was there all day, and I had seen it.
(The prisoner received a good character.
) GUILTY . Aged 18.— Confined Six Months; the last Week solitary.
OLD COURT.—Wednesday, January 5th, 1842.
Before Mr. Baron Gurney.
448. HENRY WARNER was indicted for stealing, on the 16th of December, from and out of a certain post letter, 1 10l. Bank-note, the property of her Majesty's Postmaster-general.—Three other COUNTS, varying the manner of stating the charge; to which he pleaded.
GUILTY . Aged 18.— Transported for Fifteen Years.
( Robert Gray, attorney; Edward Cross, gentleman, St. John's-wood; Jacob Rendon, engraver, Frith-street, Soho; Thomas Calvert, traveller to an oil-warehouse; and Henry Kitchen, the prisoner's fellow apprentice; deposed to his good character.
Third Jury, before Mr. Recorder.
449. HANNAH DYER was indicted for feloniously breaking and entering the dwelling-house of Harriet Wilkins, on the 29th of August, at St. Luke, Chelsea, and stealing therein, 1 shawl, value 5s.; 1 bonnet, value 10s.; 2 collars, value 5s.; 1 habit-shirt, value 2s. 6d.; 30 yards of lace, value 1l. 1s.; 3 gowns, value 2l. 5s.; 1 apron, value 2s.; 2 handkerchiefs, value 8s.; 1 scarf, value 10s.; 5 yards of holland, value 5s.; 4 pairs of socks, value 3s.; 1 pair of gloves, value 2s.; 3 pairs of stockings, value 5s.; 1 towel, value 1s.; 4 pairs of shoes, value 4s.; and 1 pair of stays, value 10s.; her goods.—Also, for stealing, on the 29th of August, at St. Luke, Chelsea, in the dwelling-house of Harriet Wilkins, 1 shawl, value 1l. 10s.; 1 pair of ear-rings, value 1l.; 1 necklace, value 1l.; 1 bag, value 10s.; 3 handkerchiefs, value 13s.; 8 pain of stockings, value 15s.; 6 sovereigns, 2 crown-pieces, 8 halfcrowns, 30 shillings, 5 sixpences, 1 10l. and 1 5l. Bank-notes; the property of Ann Walker Seward, her mistress.—Also, for stealing, on the 6th of October, 1 pair of stays, value 4s.; 2 1/2 yards of printed cotton, value 2s.; 2 handkerchiefs, value 3s.; 1 pair of gloves, value 6d.; 1 groat and 2 pence; the property of Elizabeth Bennett: 1 coat, value 2l. 5s.; 1 pair of trowsers, value 12s.; 1 waistcoat, value 10s.; 1 jacket, value 6s.; 1 shirt, value 3s.; 1 handkerchief, value 3s.; 1 pair of braces, value 6d.; 3 shillings and 3 pence; the property of James Joseph Waidson: to all which she pleaded.
GUILTY . Aged 20.— Transported for Ten Years.
450. JOHN ATKINS was indicted for breaking and entering the dwelling-house of Benjamin Barker, on the 24th of December, at St. Leonard, Shoreditch, with intent to steal, and stealing therein, 1 bolster, value 10s.; 1 pillow, value 6s.; 1 blanket, value 6s.; and 2 sheets, value 6s.; his goods; to which he pleaded.
GUILTY . Aged 17.— Confined Six Months.
451. JOHN GRIFFITHS EVANS was indicted for feloniously assaulting George Mullins, on the 13th of December, and cutting and wounding him in and upon the face and throat, with intent feloniously, wilfully, and of his malice aforethought to kill and murder him.—2nd COUNT, stating his intent to be to maim and disable him.—3rd COUNT, to do him some grievous bodily harm.
(On the evidence of Mr. Gilbert M'Murdo, surgeon of the gaol, the prisoner was found to be of unsound mind, and as such was not called upon to plead to the indictment.
) Before Mr. Baron Gurney.
452. JOHN MATTHEWS, alias Joseph Swinford, and JOHN BARBER , were indicted for feloniously uttering, on the 11th of December, a forged 10l. note, well knowing it to be forged, with intent to defraud the Governor and Company of the Bank of England.—2nd COUNT, stating their intent to be to defraud Mary Harding.
The ATTORNEY GENERAL with MESSRS. ADOLPHUS and BULLOCK conducted the Prosecution.
and carry on the business of a jeweller. The prisoners came to my shop, on the 11th of December, about half-past two o'clock in the day—Matthews asked for a wedding-ring—I showed him some, not on a card, but separately—he said the first was too small—at last he fitted himself with one—he then asked for a guard-ring, and fitted himself with that—the other prisoner was close to him, in hearing and in sight of what took place—the price of the two rings was 24s.—Matthews tendered a 10l. note in payment—I said I had not got change, but I would get it, and called my daughter Emma to go next door to get change—she did not return as soon as I expected—the prisoners were conversing together, during her absence, about going by the Great Western railway train in the morning—I did not attend to it particularly, but that was the subject of their conversation—I should think my daughter was gone five or ten minutes—the prisoners made no observation about her stay—I said I thought she was run away with note and all together—Matthews said, that being Saturday, they might not like to give change—at last my daughter returned with Mr. Belcher, Mr. Adams, a policeman, and another gentleman whom I do not know—my daughter said the note was a bad one—Matthews said it was a good one, and he asked to look at it—Mr. Belcher said, "I will give it to the policeman, he can do as he pleases with it"—after that the prisoners both asked to look at it—the policeman said, "Not now"—he had got it in his hand, and Barber snatched at it, and tried to get it from his hand—they did not struggle for it, he merely made a snatch at it—Matthews then said he could account for where he got the note, at the last fight—they were then taken away by two policemen—I went to, the station—Matthews said he lived somewhere in the Strand, I cannot recollect exactly where.
Cross-examined by MR. PHILLIPS. Q. You say your daughter might have been away for five or ten minutes? A. It might have been that—if they had chosen to have gone out in the interval, I could not have prevented them—they were on one side of the counter and I was on the other—no one was there but me and the two prisoners.
EMMA HARDING . I am the daughter of last witness. On the 11th of December, I was called into the shop and saw the two prisoners there—I was told to get change for a 10l. note—Matthews gave it me—I took it to Mr. Belcher's, next door—he held it up to the light, and went out of the shop with it—I waited till he returned, and then we went back to my mother's shop—the prisoners were there—I said the note was a bad one—Matthews said it was a good one—a policeman came—Mr. Belcher had the note then—I did not see what was done with it.
WILLIAM BELCHER . I am a tea-dealer, and live in Holles-street. Emma Harding came to me with a 10l. note to ask for change—I examined it, and thought it was bad—I went to Mr. Adams for his opinion, and he took it to Sir Claude Scott's—it was out of my sight perhaps three minutes—it was not out of my sight before I gave it to Mr. Adams—he took it to his partner first, and then to Sir Claude Scott's—it was then out of my sight—Mr. Adams returned it to me, and I took it to Mrs. Harding's shop, and called a policeman—the prisoners were there—it was stated that the note was a bad one—Matthews asked to look at it—I said, "No, I will give it to the policeman, and he can do as he likes"—I gave it to the policeman—he was looking at it, and Barber attempted to snatch it out of his hand—he said he could tell if it was a good one if they would let him
see it—he did not succeed in snatching it out of the policeman's hand—he was then taken to the station—I did not go there.
Cross-examined by MR. CLARKSON. Q. Did Barber ask to look at the note before he attempted to take it from the policeman? A. Yes, he said, "Let me look at it, I can tell whether it is a good one"—the policeman was not more than a yard from him at the time—the policeman was looking at it—Barber was on the right of the policeman.
MR. ADOLPHUS. Q. Did Matthews, or either of them, give any account of how they became possessed of the note? A. Not in my presence.
HUGH ADAMS . I am a linen draper, and live in Holles-street. Mr. Belcher came to me on Saturday, the 11th of December last—he showed me a 10l. note—I examined it, and took it to Sir Claude Scott's—I showed it to Mr. Samuel Scott and the clerk—the note was not out of my sight—I returned it to Mr. Belcher—I am positive I returned him the note he gave me—I accompanied Mr. Belcher to his door, saw a policeman at the door, and requested him to go to the police-station and desire the inspector to come over immediately—I went to the police-office myself, brought one with me, and went to Mrs. Harding's—the two prisoners were taken to the station in Marylebone-lane—the inspector asked them certain questions, and after that I went to the Bank of England, and the policeman with me—the note was in the policeman's possession—I received the note from the policeman at the Bank—I handed it to the cashier—it was not defaced as it is now—they put this mark upon it at the Bank, after I had put my name at the top, which I did, before it went out of my sight.
Cross-examined by MR. PHILLIPS. Q. Was it in order to be sure it was the same note that you put your name on it? A. Yes, I had no previous mark on it—I thought my name being on it was necessary to identify it—I did not put my name on it when I parted with it to the constable—the cashier took it out of the room after I had marked it.
CHARLES HART (police-constable E 99.) On the 11th of December I was called into Mrs. Harding's shop, in Holles-street, and found the prisoners there—Mrs. Harding said, "This man (pointing to Matthews) came to me and attempted to pass a 10l. note to me, which I believe is forged," and she wished to give him in charge to me—Mr. Belcher had the note in his hand—I received it from him—Matthews asked to look at the note—Mr. Belcher said, "No, I shall give it to the policeman, and he may do as he chooses"—I took it from Mr. Belcher—Barber then asked to look at it and said, "I will tell you whether it is a bad one or not"—I said, "No, not yet"—he then caught hold of my hand and tried to take it away from me—I prevented him—another constable came in—I assisted in taking them to the station—I afterwards went to the Bank of England with Mr. Adams—I had the note with me, and took it to the Bank—it is the same note I had from Mr. Belcher—it never went out of my sight from the time I received it till I gave it to Mr. Adams at the Bank—he gave it to the cashier in my presence.
Cross-examined by MR. CLARKSON. Q. Was there any struggle between you and Barber for the note? A. He caught hold of the note, and I tried to keep it—the struggle was very little, but if I had not held it very fast I have no doubt he would have taken it—I do not know whether it lasted half a minute—he caught hold of my hand, I closed it, and kept the
note secure—he was within my reach—I was unfolding the note to look at it at the time I saw him advancing to take the note from my hand—he put out his hand, took hold of mine, and tried to open it to take the note.
THOMAS LEACH (police-constable D 169.) On Saturday the 11th of December I arrested Matthews at Mrs. Harding's and took him to the station—Barber walked behind—nothing was done to him in going along—I took Matthews to the station—Mrs. Harding made the charge—I saw the prisoners searched—some money was found on Matthews—I cannot say how much.
JOHN TEDMAN . I am an inspector of the D division of police. On the 11th of December the two prisoners were brought to the station-house in Marylebone-lane, charged with attempting to utter a 10l. note—Matthews said his name was John Matthews, No. 76, Strand, and that he was a gentleman—Barber gave his name "John Barber, No. 2, Trafalgar-street, Walworth, mathematical instrument-maker"—I read the charge to them and told them they need not say anything to injure themselves, as what was stated would be made use of against them—Matthews said, "I took the note of a friend of mine about a fortnight ago"—he mentioned his friend's name, but I cannot recollect it—he said he could produce his friend at another time to show that he had received it from him—Barber said, "I know nothing about it"—the note was given into my hands, and I gave it back to the constable again—it was not out of my sight from the time I received it till I gave it back to the constable—I have inquired about the Strand and Trafalgar-street as to the residence of these persons, and have not discovered anything about them—I found six No. 2's in Trafalgar-street—I inquired at all.
JOSHUA FREEMAN . I am inspector of notes to the Bank of England—this is a forged note—it is not bank paper—it is not an impression from a bank plate, nor the signature of Mr. Parquot, our cashier, which it purports to be—it is forged in every particular.
Cross-examined by MR. PHILLIPS. Q. Has it not happened at the Bank within your own knowledge that a note was pronounced forged which turned out to be genuine? A. I once did see a good note marked forged so many years since—I cannot say whether that was done by an experienced officer—no inspector could make a mistake if a note was properly put into his hands.
MR. ATTORNEY GENERAL. Q. How many yean is that ago? A. I should say nearly twenty—I have been in the service of the Bank thirty years—it was the only good note I ever saw marked in that manner—I have seen a great many millions of good notes in my time, it is impossible to say how many, and a great many bad ones.
ANN RICHARDSON . I am single, and live at No. 8, Edgeware-road—I keep a hosier's shop. On the 11th of December, just before one o'clock, the two prisoners came to my shop—Matthews asked to look it some handkerchiefs which I showed him—he selected four and a stock, and offered me a 10l. note in payment—I could not give him change, and sent my boy out for it—Matthews gave him the note—the boy went out and brought the change—Mr. Minton came in while the prisoners were still there—Matthews had taken the change up—Minton brought the note back, said he did not like the appearance of it, and wished the change returned—Matthews returned him the change which the boy had given him, and took the note from him—Matthews said, "Look at the note, it
is a good one"—he said he would call for the goods in about three-quarters of an hour—they left with the note, and did not return.
Cross-examined by MR. CLARKSON. Q. Do you swear positively to both the prisoners? A. No—I am uncertain about Barber.
COURT. Q. Are you positive of Matthews? A. Yes, and believe Barber to be the other—I saw him again in custody on the Tuesday or Thursday after.
SAMUEL EDWARDS . I am in the service of Miss Richardson. On Saturday the 11th of December, both the prisoners came to the shop before my mistress saw them—I know them both again—Matthews asked to look at some handkerchiefs—I called mistress down—Matthews asked me if there was a master—I said "No"—my mistress came and showed them the handkerchiefs—Matthews asked her to give him change for a 10l. note—she said she had not got it in the house—they said they would call for them as they came back—Barber said it would be out of their way to call as they came back—they went outside the door, talked a little while, then came in again—Matthews gave me the 10l. note, and said, "Go and get change for it"—I took it and went to Mr. Minton at the Mitre public-house—be gave me two 5l. notes for it—I went to Mr. Collins and changed one of them—I returned to the shop, and gave the change to Matthews—Mr. Minton came in shortly after and said he did not like the appearance of the note, and would rather have his change—Matthews said it was a very good one, held it up to the light, and asked if he could not see the water-mark—Minton said he could not—Matthews took up the 10l. note, gave back the change, said they would call for the goods as they came back, and went oat—he never called again.
Cross-examined by MR. PHILLIPS. Q. When, Minton said he should like to have his change, did not Matthews say he might have it if he liked? A. Yes.
EDWARD MINTON . I keep the Mitre, at the corner of Connaught-street. On the 11th of December Edwards came for change for a 10l. note—I gate him two 5l. notes—I left the 10l. note on the counter and on looking at it more particularly, directly the boy was gone, I thought it was a bad one—I noticed the badness of the paper, and the signature Parquot—I noticed the name of "Bradworth," or something like it, on the back—(looking at the one uttered to Mrs. Harding)—this has the name it had on it, and this is the very same note—I went back to the shop with it, where Edwards lives, and saw two men, the one tall and the other short—I cannot swear to the prisoners, the time being so short—I said I thought the note was bad—the short one said, "Why do you think so?"—I said there was no water mark, and I would rather have my change—he held it up to the light, and asked if I could not see the water mark—I said no, certainly—he said, "Take your change again, that will settle the business," which I did, and gave him the note—he said he must leave the things and call in the afternoon for them.
ISAAC HENRY ROBERT MOTT . I have ware-rooms at No. 76, Strand, and am a piano-forte maker. I do not know either of the prisoners—neither of them lived at my warehouse on the 11th of December—I entered the premises at the half quarter, in November—nobody lived there then—I never saw Matthews before in my life—he did not live there to my knowledge.
Cross-examined by MR. PHILLIPS. Q. Is the house yours or have you merely rooms there? A. I had just taken the house—no person lives there but my son, who sleeps there to take care of the premises at night—
I live in the country—I think if a person had slept there I should have known it—my son is not here.
COURT. Q. The house is yours and you know of nobody there but your son? A. Exactly so—I have no lodgers—there is but one small sleeping room, which my son occupies—I took it about the middle of November—I only know of one No. 76.
Cross-examined by MR. CLARKSON. Q. Are there six Nos. 2, in Trafalgar-street? A. Yes—I cannot say whether there are more—there are not two Trafalgar-streets—I and my mother have lived there fifteen years—my brother is owner of the house—we only let lodgings to single ladies.
COURT. Q. Do the different Nos. apply to different places in the street? A. Yes—it is a long street, and there is George-place, and so on, the numbers apply to each place.
JAMES ORD . I live at No. 2, Trafalgar-street, Walworth, and have lived there two years and three months. I do not know Barber—he has not lived there during that time—mine is a different house to West's—it is not a corner house.
Cross-examined by MR. CLARKSON. Q. Is yours a corner house? A. No—Ord lives at the other end of the street—there are about six No. 2's—I do not think there are seven, as I have been up and down the street, but I will not swear it.
CHANDLER. I am a policeman. I live at No. 2, Trafalgar-street, Walworth, at a different house to the other witnesses—Barber never lived at my place—I have been there ever since the 1st of June, 1840—I believe there are as many No. 1's in the street as No. 2's—I cannot say how it happens.
COURT. Q. Are there rows of houses going by different names? A. There is one terrace—the street is a quarter of a mile long, and the numbers are intermixed.
JOSIAH HARRIS . I live with my father, a watchmaker, at No. 11, Upper East Smithfield. I know the prisoner Matthews—I remember his coming to my father's shop on the 3rd of December, between one and two o'clock—he asked to be shown some wedding-rings—I showed him a card of rings—he chose one at 8s.—I went into the parlour at the back of the shop, to communicate with my father, who came into the shop—Matthews then asked the shopman to show him a keeper, which is a guard for a wedding-ring—the shopman showed him some—he chose one at 7s.—he
turned round, and took a piece of paper out of his pocket-book, and gave it to my father—it appeared something like a note—I saw it.
Cross-examined by MR. PHILLIPS. Q. Were you examined at the police-court? A. Yes.
JOHN JAMES HARRIS . I am the witness's father, and live at East Smith-field. In consequence of what my son said, I went into the shop, and saw the prisoner Matthews—the shopman was showing him a card of goldeepers—Matthews said to me, "I don't much like it, but what is the price?"—the shopman said he had offered 7s. for the ring—he said, "I will take them," and said, "It is my first undertaking of matrimony"—I said, "I wish you much joy"—he pulled a 5l. Bank-note out of his pocket—I took it from his hand, looked at it, and saw a name endorsed at the back of it—I think it was "Beardsforth, cooper, City"-road"—I observed it very particularly—(looking at a note)—this is the same note—I turned round, and put it into my iron chest—I had sent all the notes I had the day before to the Bank, where I keep an account, and at that time I had no other 5l. note in the chest—I afterwards took the note with others to pay into the Bank, and when I presented it, it was returned to me stamped at forged, while I remained there—I gave Matthews four sovereigns and 5s.
Cross-examined by MR. PHILLIPS. Q. You put it into an iron chest? A. Yet—I had no other note there—it was the first I put in after sending to the Bank—it was on Friday, the 3rd of December—I went to the Bank with it on the 9th—I put several notes into the chest before the 9th—seven 5l. and one 20l.
MR. ADOLPHUS. Q. On the seven 5l. notes was there any mark of yours? A. On every one of them—I endorsed them at the back, as I knew every body I took them of, but Matthews being a stranger, I did not endorse this—I saw a name on it—I am quite positive this is the note I received from him.
MR. FREEMAN. This note is forged, in paper, plate, and signature, altogether.
Cross-examined by MR. PHILLIPS. Q. How many inspectors are there at the Bank? A. Nineteen—(note read.)
MATTHEWS— GUILTY . Aged 23.
BARBER— GUILTY .—Aged 23.
Transported for Fifteen Years.
Before Mr. Justice Wightman.
453. RICHARD HORTON was indicted , for that he being employed under, the Post-office of Great Britain and Ireland, feloniously did steal, on the 24th of December, a certain post-letter containing 1 sovereign, the said letter and sovereign being the property of Her Majesty's Postmastergeneral—5 other COUNTS, varying the name of stating the charge.
MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.
ANN RAINS . I am the wife of John Rains, of Truro, in Cornwall. On the 22nd of December, by direction of my husband, I inclosed a sovereign in a paper, which I put into a letter—I put it in a piece of paper, put the paper into the letter, and sewed it round to the inner leaf of the sheet with a needle and thread—I took it to the post-office kept by Miss Thomas—I delivered it there—I had sealed it with a red seal, and pressed it down with my thimble, as I was sewing at the time—I sealed it firmly and well,
and directed it to "Mr. Alden, No. 27, Brewer-street, near the Brill, Somers-town, London"—the sovereign was paid by my husband to a benefit society—this is the letter now produced.
GEORGE REYNOLDS . I am an assistant inspector of letter-carriers—the prisoner has been a carrier in the Post-office about a year and a half—in December last, Brewer-street, Somers-town, was his district—he had been removed, at the commencement of October, from the Crawford-street and Montague-square district. On the morning of the 27th of December I was at the Post-office—I saw a letter directed to" Mr. Alden, No. 27, Brewerstreet, near the Brill, Somers-town, London"—I took a copy of the address, and marked the letter with a private mark—I noticed the letter particularly—it contained some kind of coin—it had the Truro post-mark on it—I gave it to Mr. Cook, another assistant inspector, and desired him to put it among the letters for the prisoner—I told him also to take the direction down—he did so—the prisoner was not in the letter-carrier's office at that time—he came up immediately after Mr. Cook had put the letter among his other letters—he arranged his letters for delivery, and went out in about three-quarters of an hour—I saw him take the letter—this letter now produced is the same, and has my private mark on it—the prisoner left the office about ten minutes before nine o'clock.
Cross-examined by MR. PHILLIPS. Q. About how many letters had he to deliver that morning? A. I have not the means of knowing exactly—perhaps about seventy, and some newspapers—I did not look over all his letters that day—there might be other money-letters—it was his duty to sort all the letters he found placed on his seat.
THOMAS BURGESS COOK . I am an assistant inspector of letter-carriers. On the morning of the 24th of December, Mr. Reynolds gave me a letter, which, in consequence of his directions, I placed among the prisoner's letters on his seat—I made an entry in a book, which I have here, of the address, and where it came from—I believe this to be the letter—I noticed that the r was left out in the word" Somers-town," and it appeared to me to contain coin—that coin was safe in it when I put it among his delivery letters—there was no appearance of any breaking of the seal, or displacement of the coin—I afterwards made inquiry at Brewer-street, to see if the letter had arrived there; and in consequence of what I heard there, I went to the prisoner's lodging, No. 6, Berkeley-street, Clerkenwell—I saw him there, and told him he must go with me to the Office respecting a letter that had been misdirected—he went with me—on the arrival of the officer, we were directed to go to Mr. Peacock's, the solicitor—Mr. Peacock asked the prisoner if Brewer-street, Somers-town was in his delivery—he said it was—Mr. Peacock then asked him if he had any letters that morning for Mr. Alden, of No. 27, in that street—he said he had not, that be knew the name in the street, but he had no letters for him—Mr. Peacock then said that an inquiry had been made for a letter supposed to contain coin, and directed to Mr. Alden, No. 27, Brewer-street—the prisoner said he had not seen it; if he had, it would have been delivered in the usual way—be gave no further account respecting the letter at that time.
Cross-examined. Q. Was Peak the officer present at that time? A. Not till afterwards—I left the room before Peak was called in—after Mr. Peacock bad asked the prisoner a few questions, Peak was called in.
spoke to me, and said it was a warm morning—I was cleaning the step of my door—I saw him pass again on his return—he had letters in his hand—he delivered no letter to me—my husband was out.
RICHARD ALDEN . I am the last witness's husband. On the morning of the 24th of December I went out, about a quarter to six o'clock in the morning, and returned about half-past eight in the evening—I did not receive any letter that day from Truro—it never came to my hands till I saw it at the Postoffice—I have a person corresponding with me every half-year from there.
MATTHEW PEAK . I am a constable of the Post-office. On Friday morning, the 24th of December, I was called into the solicitor's office, the prisoner's was there—I saw Mr. Cook going out as I came in—Mr. Peacock stated, that a money—letter had been addressed to a house in the prisoner's walk, and had not been delivered, in consequence of that, his person and house must be searched—the prisoner said, "Very well"—I took him into another room, searched him, and found several letters on him, and in his breast coat pocket a memorandum-book, also a gold sovereign, 3s. 6d. in silver, and 3d. in copper—the sovereign was in his trowsers' pocket—I opened the memorandum-book, shook it, and a letter tumbled out—I have kept it ever since, and produce it—it has my name on it—when the letter fell out, I said, "What letter is this?"—he said, "That is the letter which has been inquired about with the sovereign"—he was then cautioned, that whatever he might say would be used either for or against him, and he said no more—the letter was just in the same state as it is now, open—here is a hole, where it appears something has been sewn round, just like a great O—the needle and thread have only gone through the inner leaf of the letter.
Cross-examined. Q. Were the words used to him, that whatever he said would be used "for or against him?" A. Yes.
Q. Will you swear you have not said, what you said was, you cautioned him, not to say any thing unless he thought proper? A. That is not what I said to him, certainly.
Q. Is this true, "I then cautioned him not to say any thing, unless he thought proper?" A. I am sure he did not say that—this is my signature to my deposition—I swear I did not say that, I am positive of it—that was not the words I used.
Q. Was it not your impression that he was about stating something more, when you cautioned him? A. He was about stating something, I expect—he got up from the chair—(The witness's deposition being read, toted, "I then cautioned him not to say any thing, unless he thought proper, and he said no more")—I swear I did not say that—it must have been a mistake, which I did not notice when it was read over—I was desired to attend to it, but I might overlook that—I heard the prisoner make a statement at the police-court, which was taken down—I saw the prisoner sign it.
(The letter produced was addressed," Mr. Alden, 27, Brewer-street, Somers-town, near the Brill, London")
The statement made by the prisoner at the police-court was here read as follows:—"The prisoner says, 'When I got up from my chair, I was going to make a reply to a gentleman in the room, and to make a further statement, when I was cautioned by some gentleman: it is, that the letter in question I had for delivery. Previous to my getting to the house, by the
pressure of the string, I found that the seal was broken, and a sovereign visible—I took it out, put it into my pocket, and the letter into that red memorandum-book, separate from the others. It was my full intention on returning to my duty at half-past five o'clock, to have taken it to the President, whoever was on duty, and have stated to him, that just before my delivery I discovered the seal broken, and the sovereign visible, to know what I was to do with it, whether I should detain it until my morning delivery, or what I should do with it. I was so agitated when I went before the gentleman, that I hardly knew what I said, or I should have immediately taken it out of my pocket, and asked the gentleman what I should do with it. In coming from my lodging with Mr. Cook, I asked him if he knew what Mr. Kelly wanted with me; he said he thought it was respecting a money order I had the day before, which was directed to the receiving-house, No. 1, Pleasant-row, Bloomsbury. The morning previous he had told me that I might try it at No. 1, Pleasant-row, Battle-bridge; it was opened by Mr. Steed at the receiving-house; he did not know any thing about it; I took it to Mr. Playle, the inspector, on Friday morning; he wrote on it, 'Not for Mr. Steed,' and told me to take it to the Bloomsbury man. I put my signature to it, and I gave it to the Bloomsbury man; it was thinking of that when I was before the gentleman that caused me to be so agitated, or I should have brought out the other letter, to have asked what I was to do with it. I saw Mrs. Alden, as she as has stated; as I passed her, I said it was a mild morning, and I repassed her.'—R. HORTON."
(Richard Greenhill, tanner, Ashford, Kent; Mrs. Simmons, of Stroud, Kent; John Rothway, painter and glazier, Batches-row, City-road; John Bray, builder, Berkeley-street; and James Pugh, publican, Berkeley-street; deposed to the prisoner's good character.)
GUILTY. Aged 30.—Recommended to mercy by the Jury on account of his character.— Transported for Fifteen Years.
Before Mr. Baron Gurney.
454. DANIEL BRYAN was indicted for feloniously assaulting Owen M'Carthy, on the 27th of December, and cutting and wounding him upon the nose, with intent to disfigure him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
OWEN M'CARTHY . I am a bricklayer's labourer. Last Monday week I went to the Gun public-house, Shoreditch, a little before five o'clock—a man named Kelly and his wife were with me—I sat down in the taproom—the room was full of people—there was a disturbance—Kelly and the prisoner's mother had some words—I do not know whether it was the prisoner's mother or Kelly that began it, but there was a disturbance shortly after I got there—when the disturbance happened I got up, and was going out—I said, "What is this between you, it is a shame for you?"—I did not see the prisoner at that time—a friend of the prisoner's asked me to go home, and take Kelly with me—I said I was doing nothing out of the way—I was going out at the door, and met the prisoner just between the tap-room and the bar, he caught hold of both my ears, pulled my head to him, and caught hold of my nose with his teeth, and while he was holding my nose by his teeth, his brother hit me—the prisoner bit part of my nose off, and then I was shoved out of doors—I fell down as if dead—
I lost a great deal of blood, and suffered great pain—I was sober at the time, and had my senses very well—I had not had any quarrel with him, nor with any body belonging to him.
Prisoner. Q. Had you any thing to drink at the house? A. Yes, some beer—I was not drunk—I had two glasses of spirits in the course of the day—I did not see Kelly knock you down—I did not kick you—I swear it was you that bit me, and not your brother.
JOHN SEEK LOUDON . I am a surgeon. I saw the prosecutor shortly after this happened—before seven o'clock—he was perfectly sober—I found his face smothered with Wood and dirt—I washed it off—blood was still issuing from the wound, which I stopped—I found a portion of the left side of his nose completely gone, and a larger portion of the middle cartilage of the nose—it was evidently bitten off—there Were Marks of teeth—part of the wound is now healing, but the centre does not heal well, it is ulcerated, and will be a very long while before it heals.
(The witness's deposition was read by the prisoner's desire, and agreed with his evidence.)
WILLIAM HOLLAND . I am a policeman. I apprehended the prisoner on Wednesday morning—I told him he was charged with biting off a man's nose—he said he did not do it, that he was bitten himself, and showed me two marks on the side of his neck—it appeared to hare been scratched, not bitten—he afterwards said they bad been all fighting together.
Prisoner. When he came to my house I was not at home; he took my brother out of bed; the prosecutor, who was with him, said my brother held him while I bit him. Witness. He did not say so—there was warrant against him and his brother—the prosecutor did not say the brother held him while he bit him.
Prisoner's Defence. On the 27th of December I was at tea at home, with my brother, my aunt came to my father's, and told me my uncle and some Irishmen were fighting at the Gun public-house, she begged me to go, and fetch them; I proceeded with my brother and two females, I Found about two dozen persons in the tap-room fighting; I said to my brother," Don't go in, they are fighting;" he said, "Never mind, come on, we will get uncle out?" I Opened the door, and saw the parties fighting together, I had no sooner entered the tap-room door than I was knocked down by Kelly, and received a severe kick in my eye from the prosecutor; I was senseless—my brother and the two females picked me up; the landlord told them to take me out at the back-door; I was taken to a friend's house, washed, and my wound dressed; I came home about eight in the morning, and heard there was a warrant against me; I did not stop at home, but stopped at a friend's house; my brother told me there was a warrant against me at M'Carthy's complaint; I put on my coat and hat, went to the Office, and stopped there till my case was brought on.
MICHAEL BRYAN . I was in the Gun public-house on Monday evening, the 27th of December—I went about a quarter after five o'clock, in company with the prisoner, Caroline, and Eliza Smith—on going towards the Gun I met our aunt, who stated something, and we went into the Gun—I did not see the prosecutor before we got in—when we got to the taproom door the prisoner entered first, I entered afterwards, and when I got inside we saw five or six men fighting, and as he entered the door the prosecutor struck the prisoner, and knocked him down—I did my best
endeavours to pick him up, and as I was doing so, I got a kick on the shin, another man kicked me in the eye—we could not get the prisoner out for a quarter of an hour, and then the publican turned us all out at the backdoor.
Prisoner. Q. Did I tell you it was dangerous to go in, as there were so many people kicking up a row? A. He told me to look about me when I did go in—I did not see the prosecutor after the encounter.
CAROLINE SMITH . I went to the Gun public-house on this Monday with the prisoner and his brother—there was a lot of men fighting, and directly the prisoner went in they knocked him down—I do not know who did it—I did not see the prosecutor hurt—I know nothing more—the prisoner was carried out.
PATRICK DACEY . I went to the Gun public-house about half-past four, and was sitting in the tap-room—I went out, and saw the prosecutor coming in with two women, coming from towards Shoreditch church to the Gun, about five o'clock—they were intoxicated and drunk, staggering along the street, and went into the house for a quarter of an hour or twenty minutes before the row began between the prosecutor's wife and the prisoner's mother—I did not see the prisoner in the tap-room at all, nor see the prosecutor hit him, nor the prisoner hit the prosecutor—the publican went into the parlour—there was a report that there was a raw in the tap-room—the publican came in, and bundled us all out—all I can say is, the prosecutor's nose was as perfect as any man's when he left the public-house—I saw him leave—we were all turned out together—all the whole lot of us—the prosecutor with us—I went home.
GUILTY of an Assault. Aged 25.— Confined Eighteen Months.
Before Mr. Justice Wightman.
455. GEORGE ANDREWS, MARY ANN SMITH , and LOUISA ALLEN , were indicted for feloniously assaulting James Hawkins, on the 7th of December, putting him in fear, and taking from his person, and against his will, 2 half-crowns, 2 shillings, and 6 halfpence, his monies and immediately before, at the time of, and after the said robbery, beating, striking, and using other personal violence to him.
JAMES HAWKINS . I am a wadding-maker, and live in Little George-street, Bethnal-green. On Tuesday night, the 7th of December, about one o'clock, I was proceeding down Rose-lane, on my way home, and was accosted by the prisoners—I knew Andrews, by working at a neighbouring factory—he asked me to come home with him—I considered a minute or two, and at last I went to his place with him—I had hardly been there a minute before Allen and Smith wanted me to stop all night—I said I could not stop, I wanted to get home, and as I went to go out, Andrews struck me in the back of my neck—this was in a back room, down stairs, the same room I had first gone into—they all three then fell upon me, the light was blown out, and something like a pillow was put over my mouth—Andrews held me down, and the other two took out of my pocket two half-crowns, two shillings, and about six halfpence—Andrews went away directly the money was taken—I caught Allen and Smith in my hands—Allen got away—I retained my hold of Smith till she got to the bottom of the stairs, and then she got away—I came outside, saw a policeman, and gave her in charge—she was at the corner of Wentworth-street and Rose-lane—we
took her to the station, came back, and took Allen—Andrews was taken afterwards—I was not drunk—I had been having a little part of two pots of beer along with Andrews about two hours before this—I went into a public-house to have a pint of beer, and saw him there—he told me he was out of work, and I spent two pots of beer with him—I afterwards went round Whitechapel, Bishopsgate-street, and one place and another—I was coming home—I had not been drinking at any other public-house.
Andrews. Q. Did not you meet me at the Compasses public-house at ten o'clock? A. At eleven o'clock—that was where we had the two pots of beer—I did not stop above half-an-hour—I did not go to the Two Bells public-house with you and the other prisoners—I had a young man with me, named Roberts, or Robertson, or some such name, I cannot say exactly—I knew him, by living opposite me—he was at the Compasses—be was with me at your house, but I do not think he saw the transaction, for directly I was knocked down, he ran down stairs, and ran away—I did not tell you I had been drinking five glasses of brandy and water, nor that I had stolen three pieces of handkerchiefs, and sold fourteen.
Smith. You went into the Two Bells public-house with me and Allen, and had some liquor and a pot of beer? Witness. I was never in the house that night—I am sure Andrews was in your company—I know him well.
Allen. Q. Was it Andrews that knocked You down, or your mate? A. Andrews—the other did not stop in the room a minute on my being knocked down—I never charged any other person with it besides you three—I told the Magistrate about the young man being with me, and so did the policeman.
WILLIAM BREWSTER (police-constable H 47.)—I was on duty on Wednesday morning, the 8th of December, in Rose-lane—the prosecutor came to me, and in consequence of what he said, I took Smith into custody, in Magpie-court, Wentworth-street—nothing was found on her—I afterwards took Allen, in Wentworth-street—the prosecutor was with me—I did not tell her what it was for—as we were going along Lamb-street, I heard something drop, which appeared like silver—the sergeant was behind, and the young man who was with the prosecutor—Allen said, "He has dropped something"—the sergeant said it was a half-crown—Allen said she knew nothing about it—at the station she said it was hers, and it had dropped from her bosom—nothing was found on her—the prosecutor had been drinking, but knew what he was doing—he was not drunk.
WILLIAM NORMOYLE (police-sergeant H 15.) I saw Allen in Brewster's custody in Lamb-street, and followed them to the station—as we were going along a half-crown dropped from Allen on the pavement—I was close behind her at the time, and am certain it fell from her—she was told it dropped from her—she said it did not, and it was not hers—at the station she said it was hers, and she dropped it in consequence of not having stays on.
Alien. Q. Was I not in liquor? A. You appeared perfectly sober.
THOMAS BUCHAN (police-constable H 33.) I assisted in taking Allen in Wentworth-street—my brother constable said, "I want that man over the way"—it was Andrews—I went to take him, and he ran away up a court—I fell down, and he escaped—on the Saturday following I apprehended him at a lodging-house, and told him what it was for.
Andrews. I was not in Wentworth-street at all that night. Witness. I
am sure he is the man I tried to take into custody—I could see hit face from a light just by—I was on one side of the footpath and he on the other, standing with his back to the wall, facing me—the prosecutor said, "That is Andrews"—I ran and got my hand on his collar, but fell, and be ran away.
Andrew's Defence. I know nothing about it. He left me at the Two Bells public-house, Whitechapel, and I saw no more of him, nor he of me, till I was taken.
Smith's Defence. Andrews was not in our company at all. It was the prosecutor's mate that knocked him down, and none of us.
Allen's Defence. His mate wanted to take me to a house of ill-fame; he said he had 4s. in his pocket; he took us to the Two Bells publie-house, and gave us some drink, and wanted to go to a house. The case was remanded for a week. The young man could not be found, and Andrews was taken in his place.
NOT GUILTY .
Before Mr. Baron Gurney.
456. PATRICK STANTON was indicted for feloniously breaking and entering the dwelling-house of John Frederick Sundius, on the 23rd of December, at St. John, at Hackney, and stealing therein two spoons, value 4s., his property; and that he had been before convicted of felony.
MARGARET SUNDIUS . I am the wife of John Frederick Sundius, of Stoke Newington-road, in the parish of West Hackney. On Thursday, the 23rd of December, about two o'clock, I was sitting in my dining-room at work—I saw a boy in the front court—I got up to see who it was, and saw another boy (the prisoner) get out of the area—I asked what he did there—he said be had dropped his cap, and bad got down to pick it up—I knew very well he had no right to be so near the window, and asked what he wanted—be said, "Indeed, Ma'am, I have dropped my cap, and I wished to pick it up"—my servant boy came in at the gate at the time—the prisoner ran away, and I beckoned to my servant to follow him, which he did—the area is not very large—there is only one window in it—it is not railed in—it is within a court-yard, about ten yards from the road—I had seen the area window shut shortly before—it opens into the kitchen—I went into the front court, looked down the area, and found the window open about a quarter of a yard, and missed two tea-spoons—I saw the prisoner about twenty minutes after at the station, and one spoon.
MOSES HAWKINS . I am servant to the prosecutor. I was called by my mistress and followed the prisoner about half a mile—he ran, and tried to get away, but I saw him caught just past the printing-office leading on to Shackle well Downs—as he was running I saw him put his hand to his pocket, take out two spoons, and try to throw them over a wall—one went over and one fell back—I did not pick it up, and do not know what became of it—I continued following the prisoner, calling "Stop thief"—I did not see him taken—after he threw the spoons away I caught hold of him—he said he had done nothing, and I let him go—the policeman came up, I told him, and he pursued him—I afterwards went into the garden where I saw the prisoner throw the spoon, and found it there—I took it to the stat ion, and it was shown to my mistress.
Hawkins at the top of Shacklewell-lane—he told me something—I pursued and caught the prisoner—I left him in Hawkins's custody while I went after his companion, but he struggled to violently with Hawkins, who hallooed to me that he would escape, that I thought it best to return and secure him—Hawkins said he had seen the prisoner throw a spoon over the wall—I told him to go and get it, which he did, and brought it to the station.
MRS. SUNDIUS re-examined. This is my spoon.
Prisoner's Defence. I was coming past, and saw the other boy walk out of the gate, and Hawkins after him. When I saw the boy run I ran, I did not see what was chucked. Hawkins stopped the boy, who said he had done nothing, and he went away; and he and I being dressed alike they thought I had something to do with it. The other boy got away. The policeman said I must know something about it, being dressed like him; they took me back, and then they said I was the boy.
Prisoner. Yes, that is all right.
GUILTY . Aged 18.— Transported for Twelve Years—Parkhurst.
GUILTY . Aged 40.— Confined Six Months.
458. THOMAS DAVIS was indicted for stealing, on the 13th of September, 1 flute, value 1s. 6d.; 1 shawl, value 2s.; 1 jacket, value 1s. 6d.; 1 blanket, value 3s.; 1 sheet, value 1s. 6d.; 1 waistcoat, value 1s.; and 1 plane, Value 8d.; the goods of David Jennings: also, on the 15th of December, 1 quilt, value 3s., the goods of David Jennings: to both of which he pleaded
GUILTY . Aged 26.— Confined Three Months for each indictment
Fourth Jury, before Mr. Recorder.
GUILTY . Aged 18.— Confined Six Weeks.
(The prisoner received a good character.)
460. WILLIAM SMITH was indicted for stealing, on the 18th of December, 1 portmanteau, value 1l. 10s.; 1 pair of boots, value 4s.; 1 pair of shoes, value 2s.; 6 pairs of stockings, value 5s.; 2 brushes, value 3s.; 3 shirts, value 6s.; 1 handkerchief, value 5s.; 2 cravats, value 1s.; 2 waistcoats, value 1l. 4s.; 2 pairs of gloves, value 2s.; 2 night-caps, value 3s.; 3 pairs of drawers, value 7s.; and 1 stock, value 2s.; the goods of John Laing.
JOHN LAING . I live at Hampstead, and have a warehouse in Farringdon-street, as a cork manufacturer. I sent a boy named Carroll, who is in my son's service, to fetch my portmanteau from Farringdon-Street to Cross-lane
—it contained wearing-apparel worth about 5l.—boots, stockings, brushes, shirts, and other articles.
WILLIAM GENGE (City police-constable, No. 262.) On Saturday, the 18th of December, I was at the corner of Duke-street, Smith field—the prisoner was pointed out to me by a turnkey of the Computer—he had a portmanteau on his shoulder, and was going across Smithfield towards the cab-rank—I went after him, and asked where he was going to take it—be made no answer, but threw it down and ran away, and his companion also—I gave an alarm, and after running for some time he fell down, and was taken by another officer, without my losing sight of him.
Cross-examined by MR. BALLANTINE. Q. You did not secure the other? A. No—the prisoner started off first—his companion was a little before him—I did not know his companion.
JAMES CARROLL . I live in Saunders-street, Kennington. I fetched the portmanteau from Farringdon-street for Mr. Laing, and was taking it to Cross-lane—I met the prisoner in Newgate-street—he said, "My man, I will give you 6d. if you will go and get me a cab, and I will mind you portmanteau till you come back"—I went for a cab, leaving the portmanteau with him—I brought a cab back, and he was gone—I wasted there—I believe the prisoner to be the man, but am not positively sure—I saw him at the station in half-an-hour.
Cross-examined. Q. How long have you believed him to be the man? A. Ever since I saw him at the station—I had not spoken to the police-man—I said I thought he was the man, but was not quite sure—I do not believe I am mistaken—it was dark, I could hardly see him—I was told the man had been caught before I went to the station.
MR. LAING. This is my portmanteau, and has my things in it.
ABRAHAM STONEHAM . I am a City police-constable. I heard the cry of "Stop thief," and followed the prisoner—he fell down, and was secured—as I took him to the station, he asked what it was for—I said I could not tell, perhaps he knew better than me—he then said, "It was the other man you should have had, and not me."
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Six Months.
461. ROBERT YOUNG and JAMES LANGLEY were indicted for stealing, on the 23rd of December, 1 dead goose, value 6s. 6d.; 1 dead bare, value 3s.; and 1 basket, value 6d.; the goods of Benjamin Worthy Home and another.
SAMUEL PONDER . I am a coach-porter, in the employ of Benjamin Worthy Home, of the Golden Cross, Charing-cross—I live in Johnson's-court, Fleet-street—the prisoner Young jobs in the yard—I do not know Langley. On Thursday night, the 23rd of December, I was unloading the Norwich Telegraph coach, at the Golden Cross yard, at a quarter to twelve o'clock—among other articles, there was a basket, containing a hare and a goose—by cutting a cord, the basket fell on the opposite side of the coach—while I was unloading, I saw both the prisoners come out of the street and go on the opposite side of the coach—Young made a sort of scuffle against the basket, lifted it up, and gave it to Langley, who put it on the cob of the wheel—it fell down, and rolled under the coach—Young nudged Langley, and said, "There is one," or something—Langley took it up, and deliberately walked out of the yard—I followed him, and gave him in
charge—the officer asked him where he was going with the basket—he said he was going to take it home to his old woman, as he had some friends in Norwich who sent a parcel every year; that he had brought it from the Golden Cross yard—we looked at it, and it was directed to "Mr. Bailey, Oat-lane, City"—when I returned to the yard, Langley had got upon the top of the coach, and was taking my place in unloading the coach—he had no business there—the basket was opened at Bow-street.
Cross-examined by MR. PHILLIPS. Q. How near were you to the coach? A. I was on the top of the coach, quite visible to every body—Langley appeared three parts drunk I should say—I told the magistrate about Young saying, "Here is one"—this signature to my deposition is my writing—it was read over to me, and I was desired to attend—(the deposition being read, did not state that Young nudged Langley and said, "Here is one")—I am sure I did state it as I have to-day—I suppose the nudging was a signal—I saw him nod to him to take the parcel—Langley was brought back into the yard, and pointed out Young to the officer as the man who gave him the parcel, but he did not point him out to me—I heard it sworn at Bow-street—I believe Langley is a respectable man, and is a cab-master I understand.
Cross-examined by MR. DOANE. Q. Is not Young in the employ of Mr. Wright, a coach-builder? A. Yes—it was his duty to be in the yard to look after the wheels of the coaches from morning till evening—he has been there for the last two years—we occasionally have assistance to unload coaches—after I brought Langley back, I complained that night that there was nobody to help to unload, as the coach was heavily laden—the porters were gone home as the coach was late.
Q. Did not Young say, "I will lend you a band, Sam?" A. I did not see him till they both came up the yard together from the street—he did not speak to me—when I returned down the yard I said, if it had been earlier the different porters who wait to assist gentlemen with their luggage would have been there—there were three hundred parcels that night.
SAMUEL MATTHEWS . I live in Old Boswell-court, Strand, and am a constable of Hungerford-market—I was in the market, Langley walked down the street, and as soon as he passed me he ran down the Arcade—I was in my uniform—Polden spoke to me, and I caught him at the bottom of the Arcade—I asked where he was going with that basket—he said it was a present, that he had some friends at Norwich who sent him presents every Christmas, and he expected one from them—I asked where he got it—he said from the Golden Cross, and was going to take it to his old woman—I asked who gave it to him—he said, "One of the porters of the yard"—I took him to the Golden Cross—he pointed out Young as having delivered it to him—Young, who was on the Norwich coach, was taken in charge—I understood Langley to say he had taken it as his own parcel.
Cross-examined by MR. PHILLIPS. Q. Was not Langley three parts drank? A. Yes—the hare was directed to Mr. Wright, solicitor, Chancery-lane, and the goose to Mr. Bailey—they were both in one basket—the direction on the goose was outside, and could be read.
SAMUEL MATTHEWS re-examined. Langley did not run away after he was charged with this—he was not going in his way home, but quite a different way—he was coming towards Temble-bar, and he lives at Westminster—I do not think he heard the porter speak to me.
COURT. Q. How far is the Arcade from the Golden Cross Inn; might
he not be going either way? A. Yes, he came through the Arcade—he came down Hungerford-street, and turned towards Temple-bar, as it were—the porter lives in George-street, Adelphi—he was going in that direction.
JURY to SAMUEL POLDEN. Q. Did any parcel arrive directed to the prisoner about that time? A. Not to my knowledge—there might be without my knowledge—I am not the office porter—Young's business was to be there at all times—there were more valuable parcels on the coach—this was the worst I think—there were three large lamps and several candles in the yard.
MR. DOANE called
MARGARET PAINTER . My husband is turnkey of the City Bridewell. Langley is my brother—he comes from Oakingham, in Berkshire—he has friends and relatives at Norwich, who frequently send him presents at Christmas.
(The prisoners received an excellent character.)
NOT GUILTY .
NEW COURT.—Wednesday, January 5th, 1842.
Fifth Jury, before Mr. Common Sergeant,
GUILTY . Aged 17.— Confined Four Months.
463. JOHN WOOD was indicted for stealing, on the 19th of December, 2 pewter pots, value 1s. 6d., the goods of Thomas Bailey; 1 pewter pot, value 9d., the goods of George Bax; and 1 pewter pot, value 9d., the goods of John Simpson; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 36.— Confined One Year.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
MARGARET QUILL . I hawk fruit in Grafton-court, St. Marylebone. On Tuesday, the 14th of December, I was in Grafton-court—the prisoner came and bought a pennyworth of apples—he gave me a bad shilling—he asked for change, I gave him 11d.—there were two more men with him—I am sure it was the prisoner gave it me—I gave him in charge—he gave me a good shilling, and I gave him the bad shilling back—that was after I told him it was bad—he was then in the hands of the policeman—I saw him throw the bad shilling over the wall.
Cross-examined by MR. PAYNE. Q. He said he did not know he had given you a bad shilling? A. Yes, it was two miles from the place where he bought the apples to where I gave him the shilling—the policeman was by when he threw it over the wall—I ran after him directly.
MR. ELLIS. Q. Where was it two miles from? A. Marylebone—I was half-an-hour running after him—I did not lose sight of him.
—he was in company with two others—I met Quill just behind them—they were all coming towards me—I looked to the prisoner, and saw him take something from one of the others, and drop it down the grating in the New-road, into the sewer—I saw it was money—I stopped him, and said, "You are wanted for passing a bad shilling"—Quill came up directly after—he said be was not aware of it—Quill had then produced the shilling—the prisoner took it from her, bit it, and threw it over the wall—they walked along about 200 yards—I followed them, expecting to meet another constable—at last I took them—the sergeant let the others go, and detained the prisoner—I found on him a good half-crown, and 2 1/2 d.—after I took him he took 1s. 6d. or 2s. worth of halfpence out of his pocket, and gave it to one of the other men—I went back to Mist Gares's garden, where I had seen him throw the shilling over the wall—I found this shilling where I saw him throw it—I left a boy at the sewer, to wait till I returned, but before I got back the other officer had taken the money—ten minutes elapsed between the time of his putting the money there and finding it.
Cross-examined. Q. Where was it you saw him take something from one of the others? A. At the corner of Gloucester-place—I was about three or four yards from him—the grating is about ten yards from the comer of Nottingham-place, New-road—I had got round the corner—he did not attempt to run away, after he threw the shilling over the wall.
THOMAS ATKINSON (police-constable S 67.) On Tuesday, the 14th of December, I went to a grating at the corner of Nottingham-place, about half-past three o'clock—there were some boys watching there—I looked down, and saw the money—I saw it got up by one of the boys—there were two shillings and one sixpence.
Cross-examined. Q. How deep was this? A. Five or six inches from the grating, which was nearly stopped up—I did not take up the grating.
GUILTY . Aged 19.— Confined Six Months.
Before Mr. Baron Maule.
NOT GUILTY .
NOT GUILTY .
ELEANOR HARVEY . I am the mother of Rebecca Cooper. She was never called any thing but Cooper in her life—my name was Cooper before I was married, and I had her before I was married—the prisoner is my nephew—I was present when my daughter Rebecca was married to him, at St. Luke's, Chelsea, eleven years ago on the 13th of September last—the banns had been published—I was not present when they were asked.
Cross-examined by MR. CLARKSON. Q. How old was your daughter at that time? A. Twenty-four—I used to go a washing at Mrs. Walker's, and she was regularly employed by Mrs. Walker, in Henry-street, Five-fields—she got her living in no other way, that I know of—she lived with me—she used to go out of an evening sometimes, not at night—she slept
out occasionally when she was at service, for about half a year—I do not know how she got her living—she told me she was at Dorking, before Mr. Crawford, the Magistrate, with the prisoner—I do not know how many years she has been separated from the prisoner—I did not learn from her that they were separated entirely till she came up here, and found the prisoner was married—I do not know how she got her living after 1832 or 1833—it was by hard work, but she was in the country, I cannot say what she did—Godfrey used to keep company with her before she married the prisoner, but they never were married, to my knowledge—my daughter is not a Catholic—Godfrey is a Catholic, I think—I never knew that there was a Catholic priest employed to marry them—I never heard it from my daughter—they kept company six months—he was living in Eliza-place, Five-fields—when I was asked the same question before the Magistrate, I did not swear I did not know where he lived, that I neither knew the street, the number, nor the house—I cannot tell what has become of Godfrey—I have heard he is gone to America—this prosecution is instituted by my daughter—she is alive.
JAMES HATFIELD . I am a labourer, living at Wingfield, in Berkshire. I saw the prisoner at St. George's Church, Hanover-square—I did not know him before—he found me in Mill-street, close by the church of St. George's, Hanover-square—he asked me if I would go to church with him, as he was going to be married, and he had been disappointed of a young man coming to meet him—I went into the church, and saw him married—I do not know who he was married to—there was the bride-maid and me to witness the marriage—I never saw the prisoner before nor since, to my knowledge, till I saw him at the police-court—I knew him again, as T had taken particular notice of him—I was very busy when he came to me, and he was in a great hurry, for fear he should be too late—he gate me half-a-crown.
Cross-examined. Q. What were you at that time? A. I was out of a situation—I was washing a carriage when he came to me—it was about eleven o'clock—I am sure it was not twelve—I asked him what he was—he told me he was a gardener—I cannot say what sort of a man the clergyman was—the bride was a woman of a middle stature, not very tall or short—I cannot say whether she was brown or fair, whether her hair was light or dark—I did not notice what coloured bonnet she had on, or whether she had a veil—the clerk was a tall man—I have not seen the clerk since—I do not remember that I saw him outside the door—I cannot say who has got the register—I saw the certificate produced at Wandsworth police-court, I do not know by whom—I signed the book at the time of the marriage—I cannot remember what coloured coat the prisoner had on, whether it was a drab or a black—he wore drab trowsers—the policeman came to me on Friday last, for the first time—he asked if my name was James Hatfield—I was living at Wingfield, in Berkshire—I am not acquainted with Mrs. Harvey, or the prisoner's wife—I do not know Godfrey—I do not know how the policeman came to find me out—the marriage was three years ago last May—I cannot say the day of the month.
COURT. Q. What did you write in the book? A. I wrote my name at full length, "James Hatfield," nothing more—I lodged close by the church at the time of the marriage.
MR. CLARKSON. Q. Did you know any of the parties? A. No—lam married—I have been at two other weddings beside my own and the prisoner's
—I did not know the persons on both occasions—I had seen one party before—one of the couples I had not known, bat they came and inquired for some one—I was still lodging near the church—I have only been in one situation since the prisoner was married—I now work as a labourer at weekly work for Mr. Giles, who is a sawyer, and keeps a timber-yard—I have been working for him three or four months regularly—before that I worked for Mr. Dundas, of Hanover-square—I got four days' work last week—I was away two days—I did not receive any money last week—I had some money the week before, and the week before that—I was at Wandsworth Court on Friday and Saturday last—for those two days I shall not get paid—I cannot say whether I should know the woman to whom the prisoner was married, unless I saw her—I will not swear she did not wear a veil—he might be a quarter of an hour asking me to go to the church—there was no one in company with him—I refused at first, as I was very busy, but he said he was disappointed, and pressed me particularly to go, and I consented—I am a labourer, but I have my best clothes on.
THOMAS BENT (police-constable V 58.) I produce the copies of two registers of marriage, one at St. Luke's, Chelsea, and the other at St. George's, Hanover-square—I have examined them with the originals—they are true copies—I apprehended the prisoner on the 16th of December—I had known him before, and had been in the habit of seeing him—in September last there was a dispute with him and some persons in Battersea-fields, who had knocked at his door—he came and asked me my name, and said he was going to indict the party at the Sessions for knocking at his door and assaulting him—he said afterwards, "They think I am afraid to do it, they think they have got a pull on me for my first wife, but she was married before, and I don't care nothing for her."
Cross-examined. Q. Was he living respectably in his cottage at Battersea, where you took him? A. Yes—I knew nothing of his supposed first wife—I know nothing of her at all—these certificates were got by some one, and sent to our station—I did not order them to be got—two policemen of the L division went to apprehend the prisoner, but he had absconded then, I heard, and I was ordered in October, by my sergeant, as I knew the prisoner, to apprehend him when I saw him—his supposed second wife is not here to-day—she has made no complaint to me—I believe these certificates are given gratis—I have compared them with the books in the parish churches—I have inquired, and cannot get any clue to Elizabeth Hicks, an attesting witness—I was sent by the Magistrate, and found the mother of the first wife in the Commercial-road, Pimlico.
ELEANOR HARVEY re-examined. Q. Did you get a copy of the certificate at the time your daughter was married? A. Not that I know of—I did not get this certificate from my daughter—I do not know that I ever had it in ray hand—my daughter had a child before she was married—I do not know by whom—she always dressed peat and clean.
Cross-examined. Q. Will you swear that both before and after her marriage she was not walking the streets? A. Not to my knowledge—I cannot tell what she did when she was out of my sight—I cannot say whether her marriage took place after only three days' courtship.
GUILTY. Aged 30.—Recommended to mercy by the Jury.—
Confined Two Months.
468. CLARA BROOKER was indicted for stealing, on the 9th of December, 2 petticoats, value 2s.; 1 pair of stockings, value 2d.; 1/4 of a yard of lace, value 2d.; 1 piece of velvet, value 2d.; 1 apron, value 4d.; and 1 collar, value 1s.; the goods of James Wallace, her master.
MARY WALLACE . I am the wife of James Wallace, a hatter, and live in Chapel-street, Edgeware-road, Paddington. The prisoner was in my service a fortnight—she was destitute of a home, and asked me if I would take her—I said I did not want a servant at present, but I would give her a home till she got a place—she left me on Thursday, the 9th of December, about five or six o'clock in the evening—I did not see any thing of her till the Tuesday following—three or four hours before she left I gave her a bundle of dirty linen to put in the clothes box—about eight or nine in the evening I missed the bundle from the clothes box—it contained a pair of white stockings, a white petticoat, a flannel petticoat, a lace collar, and a dirty apron—they were all in one bundle—I missed a pair of black kid gloves from my drawer—I had that day put them there—I found her on the Tuesday following at her lodgings in Marylebone-lane, and asked her if she had got any property belonging to me—she said, "No"—I gave her in charge.
Prisoner. You very much abused me the night I was taken, and I was called very improper names by Mr. Wallace the night I left, or I should not have left. Witness. He was too ill to do any thing of the kind—he was run over by an omnibus—she and I had been on good terms—I said, "You look particularly stout"—she said, "My stays have burst"—I thought it was so, but it must have been my dirty linen she had under her clothes.
MARY ECKETT . I am the wife of a policeman, and am searcher at the station. On the 14th of December I searched the prisoner—I found a flannel petticoat, a white petticoat, a pair of stockings, and some bits of trimmings on her—she was wearing them all—she had two pairs of stockings on—one pair Mrs. Wallace identified—they were under her other stockings—the prisoner said she did not care what became of her, as she had a father and mother-in-law who would not do any thing for her—she had her own petticoat on and the other two, and her own petticoat was made of an old gown.
MRS. WALLACE re-examined. These are all my things—when she came to me all she had was her cotton frock, a petticoat made out of a cotton frock, and a pair of stays—I said, "Have you no flannel petticoat?"—she said, "No, I never wore one in my life; I could not wear one if I had it"—she said she felt quite comfortable, and would never leave me without I turned her out.
GUILTY . Aged 17.— Confined Six Months.
SOPHIA GOOD . I am in the employ of Harry Veal, a haberdasher, in Garnault-place, Clerkenwell. On Thursday evening, the 13th of December, between five and six o'clock, the prisoner came into the shop—I did not know her before—Mrs. Veal showed her some mitts—she said she
could not afford to buy them—she ordered tome gloves, ribbons, and several more things to be sent to No. 19, Wilmington-square, in the name of Miss Corbell, before twelve o'clock the next day—she did not pay for them—next day I went to No. 19, Wilmington-square, between twelve and one, as she had ordered some wreaths for a bonnet, and we could not get them sooner—I could find no Miss Corbell there—I went back with the things—in the afternoon of the following Monday the prisoner came again—she said she wondered we had not sent the things, but it was a mistake of hers, it was No. 29, Wilmington-square, not No. 19—she asked Mrs. Veal how much they came to—she said 14s. and some halfpence—she said, "Never mind making a bill, I will leave 15s. with the servant"—another customer came into the shop, and these mitts were on the counter—when the prisoner left we missed one pair—she had said she should like a pair of mitts, but she could not afford to have them just now—a box of mitts was shown to her, in which there were several pairs—I took the articles to No. 29, Wilmington-square, and no such person was known there—on Tuesday morning Mr. Veal brought her into the shop—he asked her if she had got a pair of mitts of his—she said yes, but she meant to bring them back—she was given to the policeman—I saw the mitts—they were my master's.
HARRY VEAL . I keep a haberdasher's-shop. I found the prisoner at the corner of Rosomon-street, on Tuesday the 21st, talking to a woman who kept an apple-stall—I took her to my shop—I asked her if she had stolen a pair of mitts from the counter—she said she had taken them away in a mistake, and intended to bring them back—she produced them from under her dress, and laid them on the counter—these produced are them—they are the same pattern and workmanship as mine, but the ticket had been taken off before she gave them back.
JURY. Q. Do you think it possible she might have taken them up with her handkerchief? A. No.
(The prisoner received a good character.)
GUILTY. Aged 15.—Recommended to mercy by the Jury and Prosecutor.— Confined Three Months.
470. CHARLES LIDDIARD, WILLIAM PINK , and JOHN DONOVAN , were indicted for stealing, on the 18th of December, 12 pieces of wooden boards, value 8d.; and 44 pieces of wood, value 2s.; the goods of William Smith, the roaster of Liddiard and Pink.
JAMES BROWN (police-constable F 142.) On the 18th of December I was on duty in Charles-street, Drury-lane, and saw a cart standing near some buildings which were being pulled down—the name of John Donovan was on the cart—I saw the prisoners putting old flooring-boards into the cart, and some square pieces—they were parts of the buildings which were being pulled down—I stood in an alley opposite and watched them—they brought the wood out of a dark doorway in an alley, and then it was thrown into the cart by the three prisoners—I then went and asked who authorized them to take the wood away—Liddiard and Pink said Mr. Smith, their master—I asked what they were going to do with it—they said they were going to sell it for some beer—I told them I should take them into custody—Pink and Liddiard said "Do not, for we shall get discharged"—I asked Donovan whether the cart belonged to him—he said it did—I got the assistance of another constable, and took them.
Cross-examined by MR. PAYNE. Do you mean you saw all the three prisoners put wood into the cart? A. Yes—I was standing in Goldfinchalley, about four yards from the cart, and about five yards from the doorway—the cart was a little on one side of the door-way—I could see the door-way—it was rather dark—it was about seven o'clock in the morning—it was not foggy—when I spoke to the prisoners they were all together—the cart was going away with a boy—I saw another man who was a carpenter, who had momentarily come to the building—I did not see any other men there.
Cross-examined by MR. DOANE. Q. Do you mean to swear that Pink said, "Mr. Smith, my master," in answer to your question? A. They both said so—I signed this deposition before the Magistrate—(the deposition being read stated, "I asked Liddiard who authorized him to take the wood—he answered 'Mr. Smith, my master'")—they both said so—they spoke together—I took hold of Liddiard—the other two remained till they were taken by another officer.
WILLIAM SMITH . I am a builder, and live in Tottenham-court-road. I was pulling down these houses—the materials belong to the parish, and were to be sold to-morrow by auction—I assisted Mr. Bullock, the auctioneer, in lotting the materials out—I had no more to do with them—they were inside a hoard, of which I had the key—there was a tenant on the premises who had a key of the lock as well—I had the key to keep the materials—I employed Pink and Liddiard, but they were not to take the wood away—I saw Donovan's cart at the station-house with a quantity of wood in it, which appeared to be part of the materials of the houses—it was worth about 2s.—I had not authorized either of the prisoners to take it—I had no right to take it myself.
Cross-examined by MR. PAYNE. Q. What was the bargain made with the parish and you? A. To take down those parts that were dangerous—the best parts of it were not taken down—the part the tenant occupies is a workshop at the back—after the materials were taken down I assisted Mr. Bullock in sorting the materials by order of the churchwardens—I have known Liddiard four years—he has been in my employ three years—pulling down houses is very dusty work—I never allow my men to sell wood.
Cross-examined by MR. DOANE. Q. These premises were in so dangerous a state that the parish condemned them? A. Yes—they are not taken down by the owner—I do not know who is the owner—there is a person who collects the rents—the houses are not the property of the parish—they were taken down as a public nuisance—I was the representative of the parish in doing that—there are five houses—I had enclosed the materials in a hoard.
NOT GUILTY .
471. JAMES TAYLOR was indicted for stealing, on the 8th of December, 1 hammock, value 2s. 6d.; 1 blanket, value 1s.; 1 quilt, value 1s.; 1 pair of trowsers, value 1s.; 3 shirts, value 3s.; 1 bed, value 1s.; and 1 handkerchief, value 2s.; the goods of James Law Graham.
JAMES LAW GRAHAM . I am a seaman. I lodged at Mrs. East's, in Ratcliffe-highway, on the 5th of December—the prisoner, who lodged there, said he was hard up, and out of a ship—I told him if he would bring up my clothes I would pay him for it—next day I went with him for my
clothes down to Mill Wall—I gave him the hammock and the other things stated in the indictment, which were in the hammock—he said he knew London better than I did, he would take me the nearest way, but he brought me the longest way, through Shadwell and by the London Dock gates, a mile round—when we got to the corner of Well-street there was a crowd, and he ran off with the hammock and other things—I ran after him and called, but I could not find him—I saw him again that day week crossing Shadwell-bridge—I passed him—I turned and followed him till he came to a corner, and then he ran off—I sung out, "Stop thief," and the officer caught him—I asked him what he did with my clothes—he said be had never seen me before, and did not know anything about me—I am sure he is the man.
JOHN GASKIN . I am a Thames police-inspector. I took the prisoner—he denied all knowledge of the hammock or the prosecutor—I asked where he lodged—he said, "No where," that he had walked about the night before—I asked him what made him run away—he said he was afraid they were going to take advantage of him—Graham had a knife in his hand when he was running after him.
Prisoner. Q. Did I not tell you I was running because my feet were cold? A. No.
ELIZABETH PHILADELPHIA SAVILLE . I am wife of a waterman, and live in Mill Wall. Graham left his things at my house—the prisoner and him came and fetched them away—I am sure the prisoner is the person.
Prisoner. I do not know this woman; I never saw her till she was at the office. I am accused wrongfully.
GUILTY . Aged 43.
WILLIAM ROBERTSON . I am cook of the ship Mellish, which is in St. Katherine Docks—I lodged at Mr. East's, where Graham lodged—the prisoner came to lodge there on Tuesday, the 7th of December, he slept in the next room to me—on the Wednesday morning I left to go on board ship about six or half-past six o'clock—I came back about half-past five in the evening—I went to my room to put on these things, which I had left the night before, the waistcoat, trowsers, and socks, but they were gone—they were safe that morning—I had seen them—the prisoner did not come back any more.
Prisoner. He said at the office that one pair of the socks was his, and the others were not. I bought the socks myself. I know nothing about the other things. Witness. The socks were all mine—Mrs. East marked my name in them.
ELIZABETH EAST . I keep the house where the prosecutor and prisoner lodged—I wash and mend for the prosecutor—I know these socks—I have mended them—I marked one pair—I do not remember marking the others—the fashion of the mark is left in this pair—the mark has been picked
out, but I can swear to them—I can swear to them all by my own darning.
GUILTY . Aged 43.— Confined Eight Months.
Sixth Jury, before Mr. Common Sergeant.
GUILTY .— Confined One Month.
474. SARAH GALLIGAN was indicted for feloniously assaulting Morriss Darwin, putting him in fear and danger of his life, and stealing from his person, and against his will, 1 watch, value 4l.; 2 seals, value 16s.; 1 watch-key, value 2s.; and one ring, value 1s. 6d.; his property.
MORRISS DARWIN . I live in Charlotte-street, Whitechapel-road. About twelve o'clock at night, on the 23rd of December, I was in Whitechapel-road, and met the prisoner—she asked if I would stand some gin—I said I had got no gin money—I was going on—she snatched out my watch and seals—I saw her distinctly throw it from her into the middle of the road—I then got hold of her by the back of her dress—she up with her right hand, and struck me in the mouth, and cut my mouth dreadfully—she had gone about half-a-dozen yards before I caught her—I ran after her—she threw the watch away as soon as she saw herself closely pursued—I held her, calling for "Police," about ten minutes before any one came up, and then I was found on the ground—how I got down I do not know, but there were two or three men about me—the watch-guard was round my neck, and it was broken in two—I did not lose sight of the prisoner for a moment—I lost hold of her just as the policemen came up—this is my watch.
Prisoner. I was going up Whitechapel at half-past eleven o'clock at night, to the person's I am stopping at. This man and a whole crowd of persons were round him, and two men. He shouted out to these two men, "Stop thief." One of them turned round and knocked him down. He was tipsy. Witness. I was as sober as I am now.
MORRISS CALNAN (police-constable H 152.) I heard a cry—I saw the prisoner about a yard or a little more from where the prosecutor was, on the ground—I stopped her—the prosecutor sprang on his knees, and said, "Stop her, she has robbed me of my watch, and thrown it into the road"—he pointed to the place, and she struggled to get away—she said, "I have taken nothing from him"—I sprung my rattle—some other policemen came up, and one of them found the watch—the prosecutor had not hold of her when I came up—he was sober—the prisoner appeared to have been drinking a little.
Prisoner's Defence. About half-past eleven o'clock at night I was coming home, and a person of the house told me to go for his mistress; she was at a wake. I was running up Whitechapel: as I ran past the crowd, this man stood up, covered with mud. He said, "You are the girl that took my watch." I said, "Me, sir?" he said, "Yes." The policeman did not come for a quarter of an hour. I staid, and the police-man searched me, but did not find it; he said, "She has not got it, she threw it into the road." I solemnly declare before God I am quite innocent.
GUILTY . Aged 19.— Confined One Year.
THOMAS DONAHOO . I am a surgeon, and live in White Horse-street, Stepney. At a quarter-past five o'clock in the evening of the 31st of December, I was near Aldgate church—I felt a pull at my pocket—on turning I saw the prisoner with my handkerchief in his hand—he dropped it directly, and ran off—I took it up—this is it—he ran very fast, and I followed him—the policeman came up, and I gave him into custody—I had not lost sight of him.
GEORGE EVANS (City police-constable, No. 603.) I heard a cry of "Stop thief "—I saw a person running, who I believe was the prisoner—he ran down Houndsditch and Church-row—as I knew he could not get out I went round, and found him again in Aldgate.
Prisoner's Defence. I never had the handkerchief in my hand.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy.— Confined Three Months.
SARAH CASTLEMAN . I am nurse at Mr. Jonathan Jones's, at Blackwall—the prisoner was his servant On the 20th of December she was ordered to go to the butcher's—I had seen this spoon (looking at it) on the Thursday night before, and on Saturday morning, the 18th, I missed it.
EDWARD NATHAN . I am a pawnbroker in High-street, Poplar. The prisoner offered this spoon to pledge on Monday evening, the 20th of December, between seven and eight o'clock—I asked whose it was—she said her mother's, who lived in Wade-street—I said, "I don't think it belongs to your mother, hut if it does, you will have no objection to me or my man going with you?"—she said no, her mother was out, she would run ind fetch her—I detained her.
Prisoner's Defence. I went to pledge it to get a pair of shoes, as I could not get the money from my master—I would have got it out again.
GUILTY . Aged 17.— Confined Four Months,
THOMAS CAVE . I live in Aldersgate-street. On Sunday evening, the 19th of December, at six o'clock, I was in Beech-street, Barbican—I felt a slight pull at my pocket—I turned, and saw my handkerchief on the ground, and the prisoner close at my heels—no one else was within twenty or thirty yards of me—no one could have taken it but him—I said to him, "You rascal," and be immediately ran off, and I pursued him—this is my handkerchief—it is nearly new—he was in the act of throwing it down, as I turned—I lost sight of him—I have no doubt about his being the man.
Prisoner. He knew where I lived; he always knew where to find me.
GUILTY . Aged 22.— Confined Six Months.
JOSEPH OWEN . I am shop-boy to George Arthur Green, who lives in Shoe-lane. About half-past eleven o'clock, on Saturday night, the 1st of January, I was in the shop—I saw the prisoner pass, take the hand of pork from the window, and walk round the window—I called our shopman out, and we went after the prisoner—the shopman took it from him in my presence—it is my master's.
GUILTY .* Aged 28.— Confined Six Months.
GEORGE JOHN HUMPHREYS . I live in Arlington-place, St. John Street-road. Between eleven and twelve o'clock at night, on the 19th of December, I met the prisoner—we entered into conversation a little while, and then I left her, to go home—I immediately missed my two pins and chain out of my handkerchief—I turned back, and when I came to her she ran up a court—I saw a policeman—we went up, but could not see her—I went to the station and gave information—these are my pins and chain—I did not give them to her, nor let her take them.
Prisoner. I was coming home from my work, and met this gentleman; he laid hold of me, and took liberties with me.
G. J. HUMPHREYS re-examined. I did not take liberties with her—we went into a public-house to have some gin—the pins might have dropped out of my handkerchief—I cannot say they did not.
NOT GUILTY .
WILLIAM WEIBLE . I am a friend of Mrs. Mary Ann Bullworthy, of Aylesbury-street, Clerkenwell. I was at her house on the 16th of December, and saw this coat safe there that morning—I gave it to her lad, and about half-past twelve o'clock it was missing—I swear this is her coat, and the one I gave to her lad.
JOSEPH ENSCOE . I saw the prisoner with this coat—he ran as fast as he could—I ran after him, and called, "Stop thief"—when he got to the coffee-shop at the corner of Aylesbury-street, he chucked the coat down—another person who was with him, took the coat down—the prisoner said, "Ding it, Jack-hook" the other one then took it down and gave it to the prisoner.
Prisoner's Defence. I was going to deliver a letter for a person who is in the House of Correction—I heard a cry of "Stop thief," saw a crowd, and the officer took me.
GUILTY . Aged 20.— Confined Three Months.
CHARLES RICHARD POVEY . I am in the service of Mr. William Plimpton, of Whitechapel-road. He had nine yards of tweed inside the passage of his shop—I saw it safe just before five o'clock in the evening, on the 23rd of December—it was missing about seven—this now produced it the cloth—it is my master's, and the one that was missed—it was not sold—the private mark on it is in my handwriting.
GEORGE TEAKLE (police-sergeant H 8.) I met the prisoner in company with another man in Petticoat-lane—the prisoner was carrying the cloth under his arm—I followed him to a marine-store shop—he went in first, and the other man followed him—the prisoner went into a back-room, and put this cloth down in a chair—I passed the other man, and asked the prisoner where he got this cloth—he said he picked it up in Whitechapel-road—I turned, and the other man was gone.
Prisoner. I carried it openly—I did not know whose it was.
GUILTY . Aged 22.— Confined Three Months.
482. ANDREW BIRT was indicted for stealing, on the 19th of December, 1 wooden staff, value 5s., the goods of the Mayor, Commonalty, and Citizens of London, from the person of Joseph Gibbs.—2nd COUNT, stating it to be the property of said Joseph Gibbs.
JOSEPH GIBBS (City police-constable, No, 139.) I had a person named Welsh in custody on Sunday night, the 19th of December, and as I was taking him to prison I was surrounded by the prisoner and nineteen or twenty men, in Brackley-street, Golden-lane—the prisoner was the first that came to rescue Welsh from me—he, had got a jacket on, and the prisoner came and cut the jacket, or tore it, and got him loose—I had a staff in my hand, with the string round my hand—I think the prisoner cut it from my hand, and took it from me, and ran away, which caused Welsh to escape—I was not much hurt, but I sprained my ankle—the staff was the property of the Mayor and Commonalty of London.
JAMES BAMPTON . I live in Brackley-street. About half-past seven o'clock this evening, I heard a cry of "Let him go"—I came out, and saw the policeman surrounded by twelve or twenty men—I rushed in, and seized Welsh, and dragged him out, but I was overpowered, and they rescued him—the prisoner was very active, and I believe he was one that struck me—I did not see who took the staff—the prisoner was taken a day or two after.
Prisoner's Defence. I was rather intoxicated—I saw a mob, and went round—the policeman struck me a violent blow—on his striking me a second time, I took the staff, and I suppose the string broke—I chucked it on the ground.
NOT GUILTY .
JOSEPH GIBBS . I was taking Thomas Welsh into custody on the 19th of December—I had got hold of Welsh—the prisoner came up, and nineteen or twenty more—Welsh had his jacket entangled round him, the prisoner tore the jacket right away, and Welsh got away through the assistance of Birt and others.
very active—by his means and others Welsh was enabled to get off—the prisoner and others struck us, and threw us down, and rolled us in the mud.
GUILTY . Aged 19.— Confined One Year.
484. WILLIAM PINK was indicted for stealing, on the 14th of December, 18lbs. of cheese, value 18s., the goods of John Brown; and ANN BARKER , for feloniously receiving the same, well knowing it to have been stolen.
JOHN BROWN . I keep a cheesemonger's-shop in John-street, Edge. ware-road. About six o'clock, on Tuesday evening, the 14th of December, I missed a cheese, which I had seen safe at nine in the morning—this now produced is it.
Cross-examined by MR. PAYNE. Q. What do you know it by? A. I have tried it on several occasions with a cheese-iron, which enables me to swear to it, and it is the only cheese I had left of the same dairy—I saw it at the station the same evening.
JOHN SOUTH . I live in Carlile-place, Portman-market. On that Tuesday night, at a quarter past six o'clock, I was coming up John-street, Edgeware-road, I saw the prisoner Pink take the cheese off the board outside the prosecutor's window—he gave it to another young man who stood at the corner of the street—they ran down the street as soon as he got the cheese—I watched them to No. 27, Devonshire-place, where Pink took the cheese in—he was there about ten minutes—Scotney and I went back to Mr. Brown's shop, and told him, we then went to the house.
Cross-examined. Q. What are you? A. I live at the Red Lion public-house at Kilburn—I am a potboy—I have been there ten months—I had met Scotney as I was coming up Edgeware-road—he is a gardener—I had seen Pink before—he worked at Mr. Buyer's, building, where I took beer—I never had any quarrel with him—he went about a quarter of a mile before he got to the house where he took the cheese in.
Cross-examined. Q. Did you know him at all? A. No—I work for Mr. Widdy, a nurseryman, in Clarendon-place, Maida-hill—South and I have often been together—we go about in company.
WILLIAM BECKLEY (police-constable D 158.) I received information, and went to the house in Devonshire-street—I knocked at the door, a woman opened it—I asked to speak to a young man who had come in a little before—she pointed to a parlour—I went in, but the parties had gone out at the back-door—I found this cheese behind the bed—I went into the yard, and found a ham there, and three boys were trying to clamber away—I brought them back to the room—Barker soon after came in—I asked her where she got the cheese—she said a young man named Pink asked her to let him leave it there.
Cross-examined. Q. Did it not appear that the three boys had been in the room where the cheese was? A. Yes.
JAMES M'RAW (police-constable D 89.) I received information that Pink was at a public-house—I went there, and he was coming out—I said to him, "Pink, I want you"—he said, "What for?"—I said, "About that cheese last night"—he said, "I know nothing about it."
Cross-examined. Q. Where did yon find him? A. In a public-house in Lisson-grove—the three boys were discharged that morning; and one of them, whom I knew to be a thief, told me where Fink was—I do not know South.
PINK— GUILTY . Aged 19.— Confined One Year.
BARKER— NOT GUILTY
485. THOMAS RICHARDS was indicted for stealing, on the 1st of January, 1 bag, value 5s.; 1 jacket, value 1l.; 2 shirts, value 10s.; 1 pair of shoes, value 5s.; 1 cap, value 1s. 6d.; 1 waistcoat, value 10s. 6d.; 2 razors and case, value 10s. 6d.; 1 brush, value 4s.; and 1 strop, value 1s.; the goods of Peter Doody.
PETER DOODY . I am valet to Matthew Attwood, Esq. On the 1st of January I had a carpet bag, containing the articles stated in this indictment, in the back part of the carriage, which was before my master's house, in Gracechurch-street—I missed it about half-past six o'clock in the evening—this is the bag—it is locked as it was when I put it into the carriage.
CHARLES BERESFORD INGLEDEW . I live at Rose Cottage, Broadstairs. I was passing Mr. Attwood's house—I noticed the prisoner at the back of the carriage, with the carpet bag in his hand—he was in a stooping position, and was endeavouring to make his escape—he no sooner made his escape from the side of the carriage than there was an outcry of "Stop thief "—he was brought back in about four minutes, with the bag.
Prisoner. What he says is false. I was taken to the station, and in about a quarter of an hour this man was brought as a witness He had come up before, and asked what was the matter.
Prisoner's Defence. I heard a cry of "Stop thief." There were a good many persons running. The policeman took hold of my collar, and said I had stolen a carpet bag. I said I knew nothing about it.
GUILTY . Aged 18.— Confined One Year.
486. WILLIAM SIMPSON was indicted for stealing, on the 2nd of December, 1 brass gas-burner, value 2*.; and 3 feet of pewter pipe, value 3s.; the goods of James Thompson and others, and fixed to a certain building in the occupation of William Lewis.
MR. CHARNOCK conducted the Prosecution,
WILLIAM LEWIS . I live in Upper Cheyne Mews, near Gower-street, Tottenham-court-road. On the 2nd of December the prisoner came to the news, about eleven or twelve o'clock, as I was standing at my door—he aid to me, "You get a bad light here, don't you?"—I said "Yes"—he said, "I wish I had a ladder to take this one down, and I will get it repaired; the gas is to be laid on to-night or to-morrow"—I lent him a ladder, and he took the gas-pipe and burner away with him, and said he would repair it, and put it on again
Prisoner. Q. Did I not say, "Is not that pipe broken?" A. Yes—I told you it was out of repair—you looked at the pipe, and said, "Yes, what a humbug that man is who has been repairing it; he is a 30s. man with the company"—the iron pipe was fixed to the building, and the pewter pipe screwed to the iron pipe.
THOMAS CURTIS . I live in the Hampstead-road, and am agent to the gas company. The prisoner had no authority to take the pipe down—I went to the place on the 6th, and found it was gone—it was in the district of the commissioners—Mr. James Thompson is one of the commissioners, and Mr. Davies is one of the former commissioners.
THOMAS FULLER (police-sergeant E 12.) I took the prisoner into custody on the 15th—he said he was employed by the London Gas Company to repair the pipes—I found on him this half-pint pewter pot, and nineteen duplicates, principally referring to gas pipes.
Prisoner's Defence. I saw with my blow-pipe where the pipe was broken. I mended it and gave it to a coachman in the mews. He gave me 6d. for it. I have worked for a gas company eighteen years. The duplicates are my property; they relate to gas pipes and tools, and my own clothes. I told the officer he could find them all at one place, if he liked to go. I own to taking the pipe. The coachman told me he had nearly capsized his coach the night before, and he told me the first lamp going down the Mews was broken. I said, "Perhaps the gas may be laid on by and by." He said, "If the pipe is mended I will go and turn it on." I said I would go and stop it. I went down and asked Mr. Lewis. He said it leaked. I took it to a public-house and mended it, and gave it to the coachman, who said he would screw it on himself. I never said I belonged to any gas company; if I were to see the coachman I could point him out in a moment.
GUILTY . Aged 45.
GEORGE SEDDON . I am partner with my brother Thomas; we are cabinet-makers, and live in Gray's Inn-road. On Wednesday evening, the 15th of December, I was going to my stable—as I opened the door the prisoner was at work behind it—I said, "What are you doing?"—he said, "There is an escape of gas, I work for the gas company"—I said, "Take care, do it properly"—I went away, and when I returned the policeman had him in charge for stealing the pipe—he said, "Do you know this man?"—I said, "I only know him by his saying he worked for the company"—this is the pipe that was fixed to my building, and the brass cock attached to it.
Prisoner. As I was going by, one of his men said, "Are you a gasman?" I said, "Yes." He said, "We have an escape of gas." This gentleman said, "Take the pipe up, it is worn out." I said, "Yes, it is." I expected he would give me that for my trouble. I said I worked for the company, which I do, but I do not belong to them. Witness, I said, "That pipe is not going up again, it had better be taken away."
WILLIAM SMITH . I live in Somer's-town. About half-past two o'clock on the 15th of December, I met the prisoner with this pipe on his shoulder, and having lost so many pipes out of Southampton-street I stopped him—I offered him half-a-crown if he would go with me before my commissioners, who were then sitting, to pay him for his trouble, if he was innocent—he went very quietly, and when he came near the place he showed me where he took this pipe down—he said a gentleman told him to do so—I said "What gentleman?"—he pointed towards Mr. Seddons, but I saw no one.
Prisoner's Defence. Mr. Seddon said, "I told him to take it down, but I thought it belonged to the gas company." I said, "No, it is your property." This pipe had been up ten years, and it is only worth 4d. a foot when new.
GUILTY . Aged 45.— Confined One Year.
OLD COURT.—Thursday, January 6th, 1842.
Second Jury, before Mr. Recorder.
488. JAMES PATTEN was indicted for stealing, on the 15tb of August, at St. Marylebone, 3 sovereigns, and 2 10l. Bank-notes, the property of John Lucas, his master, in his dwelling-house; to which he pleaded
GUILTY . Aged 33.— Transported for Ten Years.
489. AUSTIN POPE was indicted for stealing, on the 27th of December, 1 half-sovereign, the monies of Thomas Lansdown.—2nd COUNT, stating them to be the monies of Luke Lansdown.—3rd COUNT, stating them to be the monies of Thomas Goodwin,—4th COUNT, stating them, to be the monies of Her Majesty's Postmaster-General; to which he pleaded
GUILTY . Aged 20.— Confined Six Months.
GUILTY . Aged 21.— Confined Three Months.
GUILTY .— Confined One Month.
GUILTY . Aged 27.— Confined Three Months.
GUILTY . Aged 15.— Judgment Respited.
494. CHARLES GLOVER was indicted for stealing, on the 2nd of January, 1 watch, value 20s.; 1 watch-chain, value 2d.; 2 seals, value 6d.; and 2 watch-keys, value 4d.; the goods of Richard Mills; to which he pleaded
GUILTY . Aged 19.— Confined Two Months.
Aged 31.— Confined Six Months.
Before Mr. Baron Gurney.
496. THOMAS MILLER was indicted , (together with a certain person, whose name is unknown,) for feloniously assaulting William Cannon, on the 17th of December, putting him in fear and danger of his life, and stealing from his person, and against his will, 1 knife, value 6d.; 3 sixpences, and 2 halfpence; his property; and immediately before, at the time of, and after the said robbery, feloniously beating and striking him.
WILLIAM CANNON . I am a labourer, and live at No. 2, Gray's-buildings, Kingsland-road. On Friday, the 17th of December, about a quarter past twelve o'clock at night, I was at the top of Wentworth-street, White-chapel, walking down the street, towards my home—two young men met me, and one of them put his hand into my pocket—I asked what they wanted—they said my money—I said they should not have it—they threatened to kill me if they did not have it—they ill-used me, and knocked me about dreadfully, got me down, kicked me, ill-used me very much, and left me in the road—they took from my pocket a knife, three sixpences, and one or two halfpence—I saw the prisoner on Saturday at Worship-street—I could not swear to his being one of the persons who robbed me, for I was smothered with mud and blood at the time—I believe he is one of the persons, but I was so ill-used I could not say—I was not sober, but I knew what I was about.
SARAH WARD . I am a boot-binder, and live at No. 1, Old Nicol-street. On Friday night, the 17th of December, I was coming home rather late, and passing by Wentworth-street, I heard a great scuffle down the street—I turned down to see what it was, and saw two men shaking the prosecutor several times—after they shook him, they knocked him down three times—he got up, and asked them what they wanted—they said, "Your money, or your life"—he said he should not give it to them—they then knocked him down again, dragged him across the road, and told him, if he offered to halloo, they would have his life—I saw a policeman at the top of the street, and told him there was a man knocked down, and went with him to see—the two men were then gone—the prosecutor was standing on the edge of the curb—I had not known either of the two men before—the policeman went to two houses to look for them, he came back again, and, a few yards from the top of the street, I saw the prisoner and another man striking another man, near to where they were before—I showed them to the policeman—I am quite sure the prisoner is one of the men that had been striking the prosecutor—I told the policemen so, and they took him to the station—I was on the other side of the way when the two men were ill using the prosecutor, right opposite to them—it is not a very narrow street—a woman was standing at a door, with a candle in her hand, at the time they knocked him down—I saw the faces of the men, and am quite sure of the prisoner.
Cross-examined by MR. PAYNE. Q. Do you mean to swear that you live at No. 1, Old Nicol-street? A. Yes—I live with my father and mother there—my father has been a dyer, but does nothing now—my mother is a boot-binder and closer, and I work at the same trade, at home,
with her—that is the only way in which I get my living—I have never helped to get it in any other way—I had been to my sister-in-law's house, in the Commercial-road, on the night in question, and was rather late going home—I went there by myself, and came home by myself—I was coming by the top of Brick-lane when I saw this happen—I did not know the girl who was standing at the door with the candle—I never saw her before, and did not notice her—she was not above a yard from me—I did not speak to her—I never pick up men in the street, or go with them anywhere—I do not get my living in that way—I swear that positively—I do not walk about the streets of a night—I have never been up at any police-office—I know Toomey, the officer, by seeing him in the streets several times—Old Nicol-street is a good distance from Wentworth-street—I have not seen Toomey in Wentworth-street, but in different places, when I have been going along—he has never had me in custody—I never saw him at any police-office, only about Shoreditch, going along with the police—I do not know Staple-court, Ropemaker-street—I never lived there—I am single—I do not live with any one but my mother, nor anywhere but No. 1, Old Nicol-street—I always sleep there—my mother works for Mr. Bradley, in Shoreditch, and has done so for nine years—I earn 7s. or 7s. 6d. a week—I know Shepherd's-court—that is where I live—we always call it Old Nicol-street—some persons call it Shepherd's-court—I slept there last night—I never lived in Wentworth-street—I was never in any house there—I do not know a Mary Ann White, by sight or name.
TIMOTHY TOOMEY (police-constable H 89.) On Wednesday, the 17th of December, I was on duty, and heard a noise in Wentworth-street—I went towards it, and met Sarah Ward, who gave me some information, in consequence of which I went on with her, and met with the prosecutor—his face was all over blood and mud, and he was rising from the ground—I saw two women sitting on the right hand side of the street, in a door-way, not six yards from where I found the prosecutor—they had a lighted candle with them—I went in search of the persons—I returned in about twenty minutes to Brick-lane and saw the prisoner engaged in a scuffle at the top of Wentworth-street—Ward, who was along with me, pointed him out, and said in his hearing, that he was the person who knocked the man down, and helped to rob him—I went and took him—he said he was innocent—his side was all over mud, and on examining him at the station I found the left wristband of his shirt stained with blood and mod, quite fresh—I tore it off, and now produce it—I found 6 1/2 d. on him, this handkerchief.
Cross-examined. Q. Did it not strike you as extraordinary to see two women sitting in a door-way with a candle at half-past twelve o'clock at night? A. No—it is a usual thing in that neighbourhood, and till two or three o'clock in the morning—there were two women—whether they were old or young I cannot say—I will swear there were two—I have always said so—(looking at his deposition)—this is my signature—(the witnesses deposition being read stated,"I saw a young woman standing at the door of a lodging-house with a candle in her hand, close by where the prosecutor stood")—I said I saw a woman—I know there were two there, but I said there and then there was a woman with a candle in her hand at the door—one was sitting down with the candle in her hand, (and another with her,) and she got up with it in her hand—which way you take it I do not know, but I know at the time I came up there were two
women, and they both stood up at the door at the time of the scuffle—the prisoner had a cut on his hand, and he showed it before the Magistrate—it was on his right hand, and the cuff which was bloody and dirty was the left cuff—I do not know how old the wound was, but the Magistrate said it did not appear like a fresh wound then—I have known Sarah Ward about four years—my beat is in various parts in the district of the division—I do not think I ever served a month in Old Nicol-street, but about Hackney-road, Wentworth-street, and Monmouth-street—I never saw Ward in Wentworth-street—I have often seen her in other streets just the same as any other person, walking the streets casually as any other person, not more—I had not seen her on the night in question before this happened—I had not seen her, perhaps, for a fortnight before—I took no notice of the girl—I might have met her in the street—I first knew her by her being a sweetheart of one of our men—that is between two and three years ago—I know the street she lives in, but not where she lives—I have often seen her out of a night, sometimes late and sometimes early—not so late as one or two o'clock, except on this night—I have seen her out as late as one o'clock before, alone, going along as any other person would—I have seen her walking along with other persons—whether accompanied by them or no I cannot say—I have not seen her walking with different men—I swear that positively—I never thought she was one of the sort you mean—I never said that I had known her for four years as a prostitute.
THOMAS BURCHAM (police-constable H 33.) I was on duty on the night in question in Wentworth-street, and met the witness Ward—after passing her about twenty yards I heard a scuffle—I turned round, and was going towards the end of the street when I met Toomey, Ward, and the prosecutor, who was bleeding from his face—I and Toomey went and examined two houses, I then returned to the end of the street, past the spot where the robbery happened, and found the prisoner and another man attacking two young men—I took hold of the prisoner, drove him across the street, and said, "What do you mean by fighting at this time in the morning?"—I was about letting him go when Ward crossed with Toomey, and said he was the man that robbed the prosecutor—the prisoner denied it, said he knew nothing about it, he was quite innocent—he was taken to the station.
Cross-examined. Q. Did you know Ward before? A. Yes, for about three years—I have seen her in different parts of the streets in our division—I have repeatedly seen her out at twelve and half-past twelve o'clock at night, alone—and about a year and a half ago there was another young girl, who used to go about with her—I have never seen any thing disrespectful in her character—I only saw her going along the streets as other persons did—I never saw her walking up and down the streets, plying for men—I am not acquainted with her, only by seeing her pass up and down my beat, the same as other people—the place where I found the prisoner scuffling was about twenty yards from where the prosecutor was—it was, I should say, about a quarter of an hour after the robbery, or it might be a little more—I never saw Ward in custody at any police-court—I know Rowland, a constable in our division—he sometimes gives out warrants at Worship-street—he is constantly there—he was here yesterday, but is not now.
GUILTY . Aged 20.— Transported for Fifteen Years.
497. ANN GIFFORD was indicted for stealing, on the 13th of November,at St. Leonard, Shoreditch, 1 watch, value 12l., and 9 spoons, value 3l. 10s.; the goods of Harris Watson, in his dwelling-house: also, on the 26th of May, at St. James, Clerkenwell, 15 spoons, value 5l. 10s.; and 1 fork, value 3s.; the goods of Robert Besley, in his dwelling-house: also, on the 1st of March, 11 dishes, value 11s.; 26 plates, value 4s., 6d.; 5 cops, value 8s.; 5 saucers, value 3s.; 1 ornament, value 1l.; and 2 salt-cellars, value 6s.; the goods of Thomas Burnell, her master: also, on the 9th of September, at St. Leonard, Shoreditch, 1 watch, value 3l. 18s.; 1 watch-guard, value 2s.; 1 gown, value 2l. 5s.; 16 spoons, value 5l. 5s.; 1 shawl, value 6s.; and 1 brooch, value 8s.; the goods of Francis Davis, in his dwelling-house: also, on the 2nd of December, at St. Mary, Islington, 1 watch, value 15l.; 1 watch-key, value 2l. 10s.; and 1 watch-ribbon, value 1s.; the goods of Charles Bradbrook, in his dwelling-house: also, on the 24th of November, at St. Matthew, Bethnalgreen, 10 forks, value 4l.; 16 spoons, value 6l. 10s.; 1 mustard-pot, value 4l.; 2 castors, value 3l.; and 1 muffineer, value 1l.; the goods of James Burn, in his dwelling-house: also, on the 8th of July, at St. Mary, Islington, 1 watch, value 47l., the goods of Charles Henry Bovet, in his dwelling-house: also, on the 9th of August, at St. Mary, Islington, 8 spoons, value 3l. 15s., and 3 cups, value 5l.; the goods of Charles Blackith, in his dwelling-house: also, on the 9th of December, 1 watch, value 2l.; 1 watch-chain, value 2s.; and 1 watch-key, value 3d.; the goods of Elias Chartier: also, on the 10th of December, 1 order for the payment of 5l. the property of George Michael Perry: to all of which she pleaded
GUILTY .* Aged 27.— Transported for Fifteen Years.
(The prisoner had been transported on a former occasion.)
498. ALPHONSO GIFFORD was indicted for feloniously receiving 1 watch, value 12l., and 9 spoons, value 3l. 10s.; the goods of Harris Watson, well knowing them to have been stolen by Ann Gifford; against the Statute, &c.
MR. PHILLIPS conducted the Prosecution.
SUSAN WATSON . I am the wife of Harris Watson, a stove manufacturer, and live at No. 36, White Cross-place, in the parish of St. Leonard, Shoreditch. About the middle of November the prisoner, Ann Gifford, (see page 390,) came to me for a situation—we agreed on the wages—she gave me a reference to a lady, at No. 45, Northampton-square, Clerkenwell—it was at eleven o'clock precisely when she left my house, and I appointed to see her again at the lady's house, where I was going for her reference—she was to was there till I went and received her answer, on my ascertaining the truth of the reference—I went, but found no such place in Northampton-square, as she referred me to—there are but thirty-six houses in the square—I found no such person as the lady she referred me to—I returned home about half-past four, and missed my husband's silver watch from the drawing-room mantel-piece, and nice spoons, out of the plate-basket in the kitchen—they were safe when I left the house—I had given the spoons to the servant to clean, and they were placed on the kitchen dresser—I saw the watch safe on the drawing-room mantelpiece.
CATHERINE SAYER . In November last I lived in Mrs. Watson's service. I saw the prisoner Ann Gifford when she came to my mistress in the morning about the situation—she came again, a little after three o'clock, when
my mistress had gone out—I went to the door and said my mistress was not at home—she said she had seen my mistress in the court, and she had told her she was to come and wait till she came back, and that she was to go into the same room as she was in in the morning—believing what she said, I showed her into the drawing-room, which was the room she had been in before—in about a quarter of an hour she came down into the kitchen to me, and said she could not wait any longer, for she should be too late for the train, and if she was too late for the train she would call again in the evening—I did not miss the spoons till after my mistress missed the watch—I had seen them safe when I was in the kitchen.
JOHN HARDMAN PICKFORD . I am in partnership with Mr. Roberts, a pawnbroker in Old-street-road. I produce a silver watch, which was pledged by the male prisoner for 1l. 15s., on the 6th of December, in the name of John Gifford, No. 18, Old-street—he said it was his own watch, and that he had often had 3l. on it—he mentioned the name of Smith, a pawnbroker living close by, who had let him have 3l. on it—he came again on the 10th of December, and had 1l. 5s. more on it, making up the 3l.
Cross-examined by MR. BALLANTINE. Q. About what is the worth of it? A. I should say 4l. or 5l. in the trade—I do not think it would sell for more than that to a watch-maker, but if you wanted one made like it, it would be 10l.—I am quite certain he said he had often had 3l. on it—I had seen him before—I firmly believe he used the word "often"—I never had any doubt about it.
WILLIAM BARTON . I am an inspector of the G division. I apprehended the male prisoner, on the 10th of December, in Aske-street, Hoxton—I searched him at the station, and found in his trowsers-pocket a sovereign, a shilling, a sixpence, three halfpence, and a farthing—I was proceeding to search his fob, when he said, "You will find nothing there but the ticket of a watch which was my father's, some tickets of some tools, and a watch-guard"—I found the ticket of the watch, which led me to Mr. Pickford's, where I found it—the male prisoner lives at No. 41, Aske-street—I have seen him in company with the female prisoner at their lodgings—he said she was his wife.
Cross-examined. Q. Did he say he had not been long married to her? A. He said they were married in December—Ann Gifford was first apprehended by another constable, and was handed over to me—she was in my custody when the male prisoner came up and asked what I was doing with her—I asked him where he lived, and he told me—he went to the door of No. 41, Aske-street, and knocked—he did so with perfect readiness—when he asked me what I was doing with his wife, I said I was a police-inspector, and she was in my custody for felony—I did not take him then, I took him three hours after, at his own house, in consequence of some other property being found—he made no objection to my searching him—he behaved with perfect readiness throughout the whole transaction—there was only the ticket of one watch in his fob—I am quite certain he said the watch had been his father's—I took no note of the conversation, but I am quite certain he said so—it was on the second occasion, when I took him into custody.
MRS. WATSON re-examined. This is my husband's watch.
Cross-examined. Q. What do you estimate to be its worth? A. It cost twelve guineas fifteen years ago.
HARRIS WATSON . I have had this watch about fifteen years—there is no particular mark on it—I swear to it—I know it by the outside and inside, both, and I know the maker's name perfectly well, but not the number—I have applied to the maker for the number, and he cannot give it me—I have seen it daily for fifteen years.
MR. BALLANTINE called
GEORGE PONTIN . I am a cabinet-manufacturer, and live at No. 4, Whitmore-row, Hoxton. I know both the prisoners—I have known the male prisoner perfectly well nearly four years up to the present time—he has been away from London about eighteen months or two years in that time—he returned about eighteen months since—I knew him before he went away, and since his return, and always knew him to be a very honest young man, and regular in his work—he worked for me nearly four months, and lived in my house with his wife.
COURT. Q. How long did he live at your house with his wife? A. Between three and four months—I had no knowledge of her previously—they left me about ten weeks ago, and were with me three or four months before that, as near as I can recollect.
(George Parsons, cabinet manufacturer, Worship-square; Richard Pearse, mechanical took maker, No. 92, Fore-street, Finsbury; James Newsom, licensed victualler; and Joseph Hodgson, turner, Holy well-row, Curtain-road; also deposed to Alphonso Gilford's good character.)
GUILTY . Aged 25.— Transported for Fourteen Years.
(There were four other indictments against Alphonso Gifford for receiving goods stolen by the prisoner Ann Gifford.)
Before Mr. Justice Wightman.
499. JOHN EASSON was indicted for feloniously and knowingly uttering, on the 81st of December, a forged request for 2 pieces of white glazed cotton, 1 piece of No. 4 canvas, 1 piece of white buckram, 1 piece of black buckram, 1 piece of dark olive silk serge, and 1 piece of black silk serge, with intent to defraud William Benson Stone and another.
MR. CURWOOD conducted the Prosecution.
HENRY EDWARDS . I am in the employ of Messrs. Stone and Sons, Manchester warehousemen. On Friday morning, the 31st of December, the prisoner brought a note to the warehouse, and wasted for an answer—(note produced)—this is it—my signature is on it—(read)—"4, Charing-cross, 31st December. Messrs. Vernon will thank Messrs. Stone and Sons to send them—(enumerating the articles stated in the indictment)—the two last by bearer, the remainder in the course of the day. W.H.V.")—One of the shopmen gave me the note—I asked the prisoner if it contained an order—he said "Yes"—I opened and read it, and told him I would forward the goods in the course of half an hour—I did not know the person supposed to have written the letter, and no goods were sent—the prisoner left, and three hours after I found it was not written by the person purporting to sign it—we have no account with Vernon and Son, but we sent there, suspecting it was not genuine—I am positive the prisoner brought it.
William Henry Vernon, nor any of the firm—it is not like his writing—they did not want any such articles—I never saw the prisoner till he was in custody at Marlborough-street—I am positive the note was not sent from our house—William Henry Vernon was not at the warehouse that morning—he is not here.
NOT GUILTY .
500. JOHN EASSON was again indicted for feloniously and knowingly uttering, on the 31st of December, a forged order for the delivery of 5 1/2 yards of double-milled blue kerseymere, with intent to defraud Henry Bidgood.
HENRY BIDGOOD . I am a trimming-seller, and live in Vigo-street, Regent-street. The prisoner came to our shop last Friday—I did not know him before—I was at dinner—a note was brought in to me by my boy from the shop—immediately on opening it I saw it was a forgery—I sent him into the shop, and immediately followed him, with the note in my hand—I saw the prisoner—I said, "Have you brought this note from Place and Carberry?" (from whom it purported to come)—he said "Yes"—I asked him who gave him the order—he said a man at Charing-cross had given it to him—I said it was rather odd a man at Charing-cross should give him the order to come to me, and asked where he was to take the goods when he got them—he said, "To Place and Carberry"—I said it was a forgery, sent for a policeman, and gave him in charge—(note read)—"16, Charing-cross, 31st December, 1841. Messrs. Place and Carberry will thank Mr. Bidgood to send by bearer, or immediately, 5 1/2 yards of double-milled blue kerseymere, for which they will settle on the bill being sent in to-morrow. For Place and Co. H. CARBERRY."
HENRY CARBERRY . I am a tailor, in partnership with Mr. Place. I never saw the prisoner till he was at Marlborough-street—I never sent him with this order to get these goods—it is a forgery, and was not written by me, nor by my authority.
Prisoner's Defence. I have been led into this by some stranger. It appears by the evidence of the witnesses I was not known to them. I know nothing of their trade or calling. I could not write such an order; I do not know the way to do it. I carried the notes, but as to writing them I did not. It appears from the note, it does not express that I was positively to receive the goods, they are to be sent or delivered to the bearer. If they had taken me with a policeman to the spot, they would most likely have found the other party.
501. JOHN EASSON was again indicted for feloniously and knowingly uttering, on the 28th of December, a forged request for the delivery of 2 3/4 yds. of superfine ladies' cloth, with intent to defraud William Under-wood and others.
JOSEPH HENRY GREENSLADE . I am servant to William Underwood, a woollen-draper, No. 151, Oxford-street—I know the prisoner's person—he came to our shop on the 28th of December, and brought this written note—I delivered it to Mr. Underwood, who opened it, and. a pattern of new cloth was enclosed—I did up 2 3/4 yds. of cloth in a parcel, gave it to the prisoner, and he went away with it—I am sure he is the person—(read)—" 125, Oxford-street. C. Haes Kell would feel obliged if Messrs.
Underwood would send by bearer, or immediately, 2 3/4 yds. of fine ladies' cloth to match pattern, C. A. not having it by him;—he will send the money this afternoon."
CHARLES JOHN HAES KELL . I did not send the prisoner with this note to get the articles mentioned in it—I do not know him at all—it purports to be signed by me—it is not my writing, nor was it written by my authority—I never had the goods.
Prisoner's Defence. I have been out of work some time—the notes were offered to me to deliver—I was to receive payment for them, which I did.
GUILTY . Aged 35.— Transported for Ten Years.
Before Mr. Baron Gurney.
THOMAS CAREY . I was in the service of a firm trading under the name of "Thompson, No. 154, High Holborn"—it is a bedding-warehouse—Mr. Ridgway keeps the shop—I do not know Charles Thompson—I told the Magistrate I did not know that there was a Mr. Thompson in the firm—I had been in the service three months and a week, and left on Monday night—I do not know how the name of Charles Thompson was introduced—I was employed by Mr. Ridgway—I told the Magistrate I did not know Mr. Thompson, and also told the Grand Jury so.
Q. Your deposition begins, "I am in the service of Charles Thompton?" A. I told the Magistrate I could not tell that Mr. Thompson was the proprietor—the Magistrate sent the policeman to get the requisite information—I believe the property to be Mr. Ridgway's.
NOT GUILTY . (To be detained and indicted again next Session.)
Before Mr. Justice Wightman.
(The property belonging to William Mills only, the prisoners were acquitted.—The COURT directed that they should be detained, and indicted again next Session.)
Before Mr. Baron Gurney.
504. ---- RUSSELL was indicted for feloniously assaulting— Abraham on the 21st of December, and cutting and wounding him on his head, left eyebrow, and nose, with intent to do him some grievous bodily harm.
(The prisoner being a foreigner had the evidence communicated to him by on interpreter.)
----ABRAHAM (through an interpreter.) I lately came to England in the Fort William—the prisoner was the Serang of the vessel, which was in the East India Docks—I cannot say what day this was that he struck me—I was on board the ship underneath the forecastle—the prisoner gave me
five dollars—I gave three of them to one of the top-men, and with the other two I bought some clothes of the prisoner—the prisoner told me to give another top-man two dollars—I said I had no more—he said, "You must give it, and then he took up this hookah, which is a thing he smokes with, and struck me with the bottom part of it on the forehead and nose—it bled—I was much hurt by it—I had not done anything to the prisoner.
Prisoner. The witness was my clerk—I had given him 110 dollars before I gave him the five—I did not wish to break his head when I struck him. Witness. I was his clerk—he had given me 90 dollars before.
ALEXANDER LUKE . I am constable to the East and West India Dock Company. On the evening of the 21st of December I went on board the Fort William, which was lying in the East India Import Dock—I saw a great crowd of black people, and the prosecutor among them, on the main deck—the blood was running from his face—the prisoner was charged with striking him, and I took him into custody—I took him to the station, and took the prosecutor to the doctor's.
SINCLAIR BLUE . I am a surgeon—the prosecutor was brought to me on the evening in question—I found a triangular wound on the top of his forehead, about an inch each way—it penetrated to the bone—there was another wound across the left eyebrow, dividing it, about a quarter of an inch long—neither of them were dangerous wounds—the one on the forehead is not well yet, but all the rest were perfectly well the first time I dressed them—I do not think one blow could have given both wounds.
Prisoner's Defence. I did not wish to hurt the man.
GUILTY of an Assault. Aged 30.— Confined Eight Days.
Before Mr. Justice Wightman.
— A SANG (through an interpreter.) I am a Chinese—I came to England in the Scalesby Castle—there were others of my countrymen on board, and also some Lascars and Malays—the ship was lying in the East India Dock when this happened—I had fallen down the hold, and hurt myself, and was lying between the decks—I heard a quarrel between the Chinese and Malays about getting some water, and they fought—the mate was not there at first—he came afterwards—directly after the quarrel was over between the others, the two prisoners came to me—Samut pushed me down, and Antrehman stabbed me with a knife in the face—I had never said a word to them.
Cross-examined by MR. PHILLIPS. Q. Were there a great many Chinese and Malays fighting together? A. A great many.
A HING (through an interpreter.) I came from the galley, and saw Antrehman stab A Sang, and Samut pushed him down—I was frightened, and ran on deck.
and A Sang with his face all covered with blood—it seemed a large wound, but it was much covered with blood—I went and took Antrehman into custody alongside the ship.
Cross-examined. Q. Were there a number of bamboos lying about the deck of this ship? A. Yes—there had evidently been a fight between the Chinese and Malays.
SINCLAIR BLUE . I am a surgeon. I was sent for to the Thames Police, and saw the prosecutor—he had a flesh wound about an inch and a half long—it ran from the external angle of the eye down towards the angle of the mouth, and was about an inch and a half long, and a quarter of an inch deep—a knife would produce such a wound—it was not at all a dangerous wound.
Cross-examined. Q. Were there not several contusions about the wound, as if there had been several blows? A. The whole cheek and side of the face was bruised—the end of a bamboo-stick would inflict such a wound—the sharp end of a bamboo is quite as sharp as a knife. ANTREHMAN-GUILTY of an Assault. Aged 39.—Recommended to mercy by the Jury.—Confined Fourteen Days,
SAMUT— NOT GUILTY .
Before Mr. Baron Gurney.
(The prosecutrix, on being called, was too much intoxicated to be examined.)
ISABELLA HEALEY . On the 1st of January I was at Mrs. Griffith's lodging—I had slept with her the night before—the prisoner came there about nine o'clock in the morning, came into the room where I was, and demanded to come into bed, and to turn my daughter and her baby out—the prosecutrix said she would not turn a helpless baby into the street for him, and told him to leave the house, for he had no business there—he then took her by the hair of her head, dragged her out of bed into the passage, and there was a scuffle between them—she being rather a powerful woman, got rather the better of him, and got up—as she got on her feet he knocked her down, and, when down, struck her with a knife on the cheek-bone—I saw the knife—she bled—when be struck her, he said, "Take that for what you did in Jones the waterman's case"—she replied, "I was bound over by the Magistrate to do it"—he then ran away.
Cross-examined by MR. BALLANTINE. Q. Are you married? A. Yes, my husband is a tailor, he lives in Devon port-street, Commercial-road, which is about five minutes' walk from the prosecutrix's—my husband was rather in liquor that night, I did not know what to do with my daughter, who is only seventeen years of age, and a person recommended me to go to Mrs. Griffiths to get a bed—I did not know Mrs. Griffiths before—I should not say the prisoner was drunk when he came in, he might have been—I was in bed with my daughter and the prosecutrix, but was not undressed—I followed the prisoner and prosecutrix into the passage—I did not see Mrs. Griffiths take up a poker—I think if she had done it I must have seen her—I had not noticed the knife in the prisoner's hand More the blow was struck, I saw the blade of it—I had no knowledge of Mrs. Griffiths's name before she gave it at the Thames police.
GEORGE BETSON . I am a surgeon—I examined the prosecutrix the day she was brought to the Thames police, about twelve o'clock at noon—I found a very small wound on the left side of the cheek, which I consider had been inflicted by a knife—adhesion had then taken place.
DANIEL PAUL (police-constable K 123.) I apprehended the prisoner about a quarter before nine o'clock on this morning—he was running along the road, and a little girl after him—the prosecutrix came up, with the blood running down her cheek—I did not know her before.
THOMAS JONES . I am a Thames police-constable. I know the prosecutrix—I have known her by the name of Mary Ann Griffiths—I beg your pardon, I mean Jane, I made a mistake—I have known her about two years, off and on—I heard her tell the Magistrate that she had lived some time with the prisoner.
Cross-examined. Q. Do you know any thing whatever about her name, except what you heard on a previous trial at Clerkenwell? A. She was a witness there, when the prisoner stabbed me in the shoulder, before this—she appeared there by the name of Jane Griffiths—that was the name given in the deposition—that was the name she gave on the trial—I forget now whether I heard her give it—I knew nothing about her name before that—she gave the name of Jane Griffiths at Clerkenwell—I was in Court at the time—I cannot swear that I heard her give that name.
NOT GUILTY .
Before Mr. Justice Wightman.
JOHN HENRY BROOKS . I am a butcher, and live in High-street, Poplar. On the evening of the 23rd of December, as I was coming out of my parlour, I saw the prisoner draw a piece of beef off the shop-board—he did not come inside the shop—he walked away—I went after him, met a policeman, and gave him in charge—he dropped the beef from under his frock—it weighed 2lbs. 10oz.—this is it.
HENRY HUTTON . I am a policeman. On the afternoon of the 23rd of December, I saw the prisoner walking up the street, and Brooks after him—he gave me information, and as I crossed the road towards the prisoner, I saw him take the beef from under his frock, and drop it between his legs—I took him into custody—he said, "I have made a d—mistake to-night."
Prisoner. I never said so. Witness. I am sure he did.
GUILTY . Aged 33.— Confined Six Months.
Before Mr. Baron Gurney.
servant—on the 21st of December I saw four sacks at Mrs. Taylor's, which I knew to be mine—these now produced are them.
MARY TAYLOR . I live at No. 4, Jamaica-terrace, Limehouse, and keep a coffee-shop. On the 30th of November the prisoner brought a parcel to my house, and asked me to let him leave it there till he called for it—it remained in my possession three weeks—I did not know what jt was—I showed it to Mr. Lambert on the 21st of December—it was then opened, and it was these four new tacks—I gave them up to Ayliffe that evening.
Cross-examined by MR. BALLANTINE. Q. Had you known the prisoner before? A. Yes, by his coming in to take something.
ROBERT AYLIFFE (police-constable K 270.) I received four sacks from Mrs. Taylor—I then went to Mr. Lambert's, and took the prisoner into custody—I searched his boxes, with his permission, but found nothing there—the prisoner was in his shirt-sleeves—I asked if he had a coat to pat on—he said yes, he had one down at the slaughter-house—I went there with him, went up into the loft, and he took his coat and waistcoat out of a corn bag, in an empty corn-bin—I afterwards found this empty sack in the corn-bin—when I first took him, I asked if he knew any thing about the sacks at Mrs. Taylor's—he said he did not—while I was up stairs, searching his boxes, he was about saying something—I cautioned him again, and he then admitted that he did know about the sacks.
MR. LAMBERT re-examined. These are my sacks—they have no mark on them—I had them from Mr. Henry, the manufacturer, in Mark-lane, on the 14th of June.
Cross-examined. Q. How many had you from Mr. Henry? A. One hundred—I looked over them when they came in.
COURT. Q. Do you find any sacks missing? A. We are deficient about forty or fifty—I had only one other man in my employ, and he has been lately drowned—he was with me twenty-eight years—I am confident these sacks are mine—they correspond with others on the premises—the prisoner behaved very well before.
(The prisoner received a good character.)
GUILTY . Aged 27.— Confined Four Months.
Before Mr. Justice Wightman.
509. GEORGE PARKHOUSE was indicted for stealing, on the 22nd of December, 1 handkerchief, value 12s., the goods of Gordon Roche Lynch, from his person; and that he had been before convicted of felony.
GORDON ROCHE LYNCH . I live in King-street, Snow-hill. On Wednesday evening, the 22nd of December, between six and seven o'clock, I was in St. John's-lane, and felt a pull at my great-coat pocket—I turned round, missed my handkerchief, and found the prisoner immediately behind me—I said, "You young rascal, you have taken my handkerchief"—he said, "Me, sir! me, sir!" and jumped into the road—I jumped after him, seized him by the collar, and saw a tall young man running away towards the City—I said to the prisoner, "Come along with me"—he said, "Let go, and I will go along with you"—I let go of him, and after going a few yards, he ran up a court-way—I ran after him, seized him in the court-way, and brought him along into St. John-street—I could not find a policeman for a minute or so—some of the crowd said, "Give him a hiding, and let him off"—I struck him with my hand, and said, "Go about your
business"—just as he was passing from me, a policeman dashed after him, and took him—I have not found my handkerchief—no one was near me but the prisoner at the time I felt the snatch—the other boy must have been immediately behind the prisoner—when I turned round he was about ten or twelve yards off, running at the top of his speed, towards the City—no one was within reach of me but the prisoner at the time I felt the snatch.
EDWARD OTTER . I live at No. 35, Red Lion-street. I saw Mr. Lynch on this evening—I did not see the prisoner take the handkerchief, but I saw him throw it to another boy, who ran off towards the City.
Prisoner's Defence. I did not touch the gentleman's pocket, or go near him; a boy who was before me, picked his pocket and ran away; the prosecutor said I had his handkerchief, but a gentleman who was coming by said it was not me that touched the gentleman's pocket.
JOHN DIXON (City police-constable, No. 601.) I produce a certificate of the prisoner's former conviction, in the name of George Gardiner—(read)—I was present at his trial, and am quite sure he is the same person.
GUILTY . Aged 17.— Transported for Ten Years.
Before Mr. Baron Gurney.
GEORGE WOOD . I am a tailor, and live in Wellington-street, Southampton-street, Pentonville. On the 20th of December, between twelve and one o'clock at night, I was in the New-road—I was sober—I had been to a club—I met the prisoner by King's-cross—she accosted me, and asked me if J would treat her—I told her the shops were closed, I could not—she immediately laid hold of my arm, and I missed 2s. 6d. out of my pocket—she went away after that—I followed and accused her of it—she went among a lot of cabmen, by King's-cross, for protection—I stopped a minute or two till I saw a policeman come up, and then gave her in charge.
HENRY WEBB (police-constable G 106.) I came up to the prosecutor at King's-cross—he gave the prisoner in charge for stealing 2s. 6d. from his pocket—she was searched by a woman at the station, and five shillings were found on her, but no sixpence—she admitted taking one shilling from his pocket, which she gave into my hands coming along—the prosecutor was perfectly sober.
Prisoner. I did not say so. Witness. She took this shilling from the rest, and gave it to me.
Prisoner's Defence. As I was coming from Islington I met the prosecutor, and asked him to treat me; he said there was no public-house open, and asked me to take a walk with him; he very much insulted me, took me up the Chalk-road, and pulled and hauled me about; he gave me the shilling, and asked if it was a good one; I would not let him have his will of me, and he accused me of robbing him of half-a-crown.
GEORGE WOOD re-examined. I did not give her the shilling or any thing—I know this shilling—it is a marked one, and had been refused to be taken in the course of the day, being so much marked about—I never attempted to take any liberties with her—I did not stop with her only the
moment while she laid hold of my arm—it might be two minutes, not more—she stopped me—it was a very cold night, and I wanted to go home to my wife and family—the shilling is cut round the edge.
Prisoner. That is where I bit it when he asked if it was a good one; I am quite innocent.
NOT GUILTY .
First Jury, before Mr. Recorder.
511. JOHN CASTLE was indicted for stealing, on the 27th of December, 9lbs. weight of mutton, value 6s., the goods of Daniel Hollingsworth, his master: also, on the 31st of December, 61bs. weight of mutton, value 4s., the goods of Daniel Hollingsworth, his master: to both of which he pleaded
GUILTY . Aged 31.— Confined One Month.
(The prisoner received a good character.)
RICHARD HALL . I am an outfitter, and have a shop in Brunswick-street, Blackwall, and another in High-street, Poplar; I live in Brunswick-street; the prisoner had the management of the shop in High-street, at 14s. a week and his living. I marked a crown-piece, a half-crown, three shillings, and a sixpence, and gave them to Sydenham, about half-past eight o'clock in the evening, with directions to go to my shop in High-street, and purchase a moleskin jacket, two pairs of stockings, and a pair of drawers, which he was to bring to me—he did so—the jacket had my mark on it—I went to the shop about a quarter-past nine, which was the usual time at which I had done so lately—it was the prisoner's business to account to me for the goods sold—he kept a day-book, which I have here—there is no entry of the jacket in it—this is a temporary day-book, which I gave him to make entries in daily, on account of his neglecting the previous one I gave him—I was to copy this out myself every evening—I spoke to the prisoner about his having done more business than be bad entered in the day-book—he said he had done no more than he had entered in the book—I went to the till and found two half-crowns and a shilling of the marked money I had sent by Sydenham—I afterwards saw a marked crown-piece, a half-crown, and a shilling in the hands of Sergeant Holmes—it was part of the marked money which I had given to Sydenham—the jacket I received from Sydenham was one which belonged to the shop in High-street.
Cross-examined by MR. BALLANTINE. Q. How much marked money had you given Sydenham? A. 15s.—he has been a customer of mine—his daughter is my housekeeper—I am married—my wife does not live with me—Sydenham's daughter is eighteen or nineteen years' old—her father does not live in the house with her—there was another female in the house, but she had been robbing me, and had left only a fortnight—the was a servant—Sydenham's daughter had worked for me previously—she lived about a month with me—she slept with the servant—I swear that—Sydenham is a cooper—the daughter used always to be in the kitchen with the servant—she has come into the parlour every day, as I had nobody to mind the shop—she was there to look over the shop—she is the only person I have to mind the house and business—I have been in the business seven years—I am not thinking of giving it up—I have known the prisoner
twenty years—I have had no more money matters with him than him his wages regularly every week—I have paid him money years' when he was in my uncle's employment—I do not know where my wife is—she has been away since June, and she has had bad advisers.
COURT. Q. How long had Sydenham's daughter been there? A. About two months—she worked for me two years—the prisoner had served his time, with me, to my uncle, and was in my employ besides—this was the second time of my having him—I have had no quarrel with him—I always treated him very kindly—I had occasion to suspect him through the neglect of business, and finding more money in the till than was entered in the book, which made me suspect he meant to keep the money—I have gone to the till unknown to him then.
JOSEPH SYDENHAM . I live in Tagley-street, Commercial-road. The prosecutor gave me a five-shilling piece, three half-crowns, three shillings, and one sixpence, marked money—I had no other money about me—I went to the shop in High-street, Poplar, to purchase three or four articles to the amount of 15s. or 16s.—the first thing I asked for was a moleskin jacket—I tried on three or four, and fixed on one—I then had some stockings, and a pair of flannel drawers—I paid 15s. 3d. for them—I returned to Mr. Hall, and gave him the articles tied in paper, with the change 9d—I paid the money to the prisoner.
Cross-examined. Q. You know the prosecutor very well, don't you?
A. Yes—I am not very often at his shop—I have known him two years—I have been there several times—my daughter is servant there—she has been there nearly two months—I am married—my daughter is close on eighteen years of age—I look upon it that she is there as a servant—she went there as a servant, and she is a servant now, as far as I know and believe, on my oath—not as a common servant to do household work, but as a sort of housekeeper—I do not know what wages she has—she has not accounted to me for any wages as yet—I never go to take a glass of wine with Mr. Hall of an evening—I have gone to sit with him, and my daughter has wasted on us—she has sat there, I being her father—it is a fortnight since I was there—I never saw any other servant—I never saw the prisoner but once.
THOMAS HOLMES (police-sergeant K 12.) I found the prisoner putting up the shutters at the shop in High-street—I asked him to step inside—he did so—I told him the charge made against him by Mr. Hall—he said it was a false charge—I then said, "You need not admit anything to me unless you like, if you do, it will probably be used against you"—he said, "I don't care, it is a false charge"—I said, "I must search you"—I found on him a marked five-shilling piece, a half-crown marked, a marked shilling, and six other shillings not marked—I produce them.
Cross-examined. Q. Is this a slop-shop? A. Yes, a general dealers, where sailors' clothing and other things are sold—there are about two more such shops in Poplar.
MR. HALL re-examined. This is the money I marked—all he has set down for the day is 13s. 6d.—I had been to the shop in the morning, and found more money in the till, and the last thing at night he has entered a blanket 3s., which was sold in the morning before Sydenham went there—I had taken on an average 2l. a day.
JURY. Q. There is no entry of a jacket? A. No—it ought to have been entered the same day as the stockings and drawers are entered—the
price of it was 8s. 9d.—the prisoner did not know Sydenham, and never saw him before.
JOSEPH SYDENHAM re-examined. I had no previous knowledge of the prisoner—I do not believe be knew me—I had seen him once before I gave him the money, but did not know he lived there—I saw him in Poplar, by chance, three or four days before.
(The prisoner received a good character.)
GUILTY. Aged 30.—Strongly recommended to mercy. Confined Nine Months.
GEORGE GRIST . The prisoner was in the habit of threshing for me—a policeman produced a sample of oats to me, in consequence of which, I gave directions to have him apprehended—I can judge of corn in the bulk by the sample—this is winnowed, and there is barley among it by which I can identify it.
Prisoner. There was a man to lock the barn at night, and unlock it in the morning. Witness. Yes, but he used to go home to his dinner, and leave the prisoner in the barn.
CHARLES CHURCHILL (police-sergeant B 29.) I searched the prisoner's premises, at New Hampton—he was down stairs—I went to his bedroom, and found about three bushels of oats in a sack—I showed a sample of it to Grist before I told him where I found them, he identified them as his—I then told him the prisoner was in custody—the prisoner said they were his own—he did not say how he came by them—he said a man from Twickenham had left them there—I asked who he was—he said he did not know his name.
MR. GRIST re-examined. I have brought the oats here—the bulk was sold at market, all that was in the barn—he was threshing these from the 10th to 23rd of December—the bulk was gone from the barn at the time the prisoner was apprehended—I had the tailing of them, which was shot in my own granary, and they correspond with them to a nicety—I have not brought them here—I am satisfied they are my oats—I grew them myself, and am satisfied they are my own growth.
JURY. Q. If you had half a dozen samples put down here, could you point these out from among them? A. Yes—there was barley grown among this, which is very unusual—it is possible that barley may be among other oats—I should miss them if taken from the bulk—they must have been taken while being threshed.
JAMES SURMAN . I am a farmer, and live at Hampton. On Sunday morning, the 2nd of January, I went into my field at eight o'clock, and saw a great quantity of potatoes taken away from my potato bed—I traced tracks across the fields, went to a policeman, who traced them across the field into another field, over the road into another field, and into a gap—the policeman went to a house, and asked the people if they had any potatoes—they said yes, but they were not mine, and after going to several
houses, we inquired for the prisoner—we found a quantity of potatoes under the stairs at his house—I took up several, and said, "They are mine, "because I have several different sorts, and they answer to them in colour, size, and description—I fetched a sample—I showed the sample to the policeman—I got a horse and cart, and fetched them all to the station—next day I went to my pit which had been opened—I have brought some from the pit, and some from his house, but the largest were taken away—here are five or six different sorts, all of which I had in my pit—I knew them directly—there were as many different sorts in his house as there were in the pit—I have no mark on them, but I can swear to them by being different sorts of potatoes.
JOSEPH RUSSELL (police-constable B 267.) I went with sergeant Churchill and the prosecutor to the prisoner's house—I found 3 cwt. of potatoes under the stairs—the prosecutor immediately identified them—I took the prisoner into custody, and after he was taken, he went out at the back of the house, got over a fence, and ran across two gardens—I went after him, and took him again—the sample the prosecutor brought exactly corresponded with the several sorts which were in the prisoner's house—those found in the prisoner's house were wet as if just taken out of the heap.
CHARLES CHURCHILL . I am a police-sergeant. I noticed the track from the potato-pit across two fields, across the main road, into another field, which led up to the back of the street the prisoner lived in, but in the street we could not follow the track any further—I went to two houses before I went to the prisoner's—the track led direct to the end of the street, and there was a gap through the hedge into the street—I know him to be a bad character.
Prisoner. Q. What bad character had I? A. Only three weeks before, I saw you with a sack of potatoes on your back, at two o'clock in the morning—I did not take him, because I was mounted at the time in a by-lane—he heard my horse, and ran through a field, threw the sack of potatoes down in the field, ran through a gate, and got out of my sight.
GUILTY . Aged 37.— Confined Three Months.
MART PUGH . I am the wife of John Pugh, and live in Caroline-place, Marlborough-road, Chelsea. The prisoner occupied a furnished apartment in the second floor in our house, for four months, all but one week—I went into his room on the 31st of December, when he was out, and missed the articles stated, which belong to my husband—I afterwards saw them at Mr. Hyam's shop.
Prisoner. Q. Did not I give up possession of the place? A. No—you left a box at the coach-office, and I saw it there—it was to be left till you fetched it—most of your things were gone from the room.
Prisoner. It was not my box—I told the prosecutrix where the box was—I meant to have remained in the lodging, and to pay the rent, and get the things out again, being in distress at the time—I merely sent the box away to get rid of the woman, who was not my wife. Witness. I was not aware the woman was not his wife—he told me he was going to take
the box to the Grapes public-house, but it was not there—he left it at Slark's office, and left a message for it to remain there till he fetched it
ALFRED HULME . I am shopman to Mr. Hyam, a pawnbroker, in On slow-place. I had two blankets, a bolster, quilt, and pillow, which I took in pledge of the prisoner—I have only brought the counterpane here—I did not think it necessary to bring the others—Mrs. Pugh has seen them all.
MRS. PUGH re-examined. This is my property.
Prisoner. I offered to take them all out if she would give me tine. Witness. No—he said, if I would take bail, he would make every thing right—he had three days' work that week—he told me about leaving the box at Slark's coach-office—the night before I charged him with robbing me I saw him come down with it on his shoulder—he said he was going to take it to the Grapes—I afterwards found it at Slark's coach-office, where he inquired for the Bristol coach—while he was gone, I looked into his room, and missed the articles.
GUILTY . Aged 40.— Confined One Month.
FREDERICK LACK . I am in partnership with Thomas Porter, a hosier, at No. 94, Strand. On the night of the 31st of December I was in the shop writing—I heard a noise made by a brass rail—I looked towards the door, and missed a scarf—I ran to the door, and saw the prisoner making off with it and thrusting it into his pocket—I ran after him, collared him, and gave him into custody—he said a boy had given it to him—the officer took it from his pocket.
MR. LACK. This is mine.
Prisoner's Defence. A young man talked to me for a few minutes, and told me to take the scarf. I went by twice, and then snatched it off.
JAMES ROBERTS . I live in Oxford-street. The prisoner was in my service at the time this happened—he lives over Waterloo-bridge, and was returning home—he was perfectly honest—the prosecutor's lad was an intimate acquaintance of his, and he was discharged for robbing Mr. Lack.
MR. LACK re-examined. The prisoner said our boy gave him a handkerchief which was found on him—the boy had lived with us eighteen months—I placed great confidence in him, but since the prisoner's committal I have found things, which my boy confesses belong to us, and I have discharged him—he is about the prisoner's age.
GUILTY. Aged 14,—Recommended to mercy.— Confined Seven Days.
NEW COURT. Thursday, January 6th, 1842.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 26.— Confined Six Months.
Before Mr. Baron Maule.
518. JAMES LOW was indicted for stealing, on the 18th of December, 1 ring, value 30s.; 1 knife, value 1s.; 1 watch, value 7s.; 2 watch-keys, value 6s. 6d.; 1 purse, value 1s.; 1 pocket-book, value 6d.; 1 pencilcase, value 3s.; 1 sovereign, 12 shillings, and 2 promissory-notes for 5l., each; the property of Robert Reeve; from his person.
ROBERT REEVE . I live at Hastings—I was staying at the Bolt-in-Tun public-house, in Fleet-street. On the 27th of December I went to dine a friend, and got drunk—I left my friend's house about seven o'clock—I had one friend with me part of the way, intending to go to the theatre—I lost my friend, and went to a place which I understood was the Lowther-rooms—there was dancing and music going on—I sat with the musicians—I was so drunk I did not know what I was about—I was put into a cab from the Lowther-rooms, and the cab-man put me down a short distance from Bow-street, as I bad no money to pay him, he put me into the hands of a policeman—I was not quite senseless drunk—the jumbling about awoke me—I went to the station, and told them the situation I was in, and if they went to the George Inn, in the Borough, they might have the money for the cab—I had lost a ring, a watch, some money, a pocket-book, pencil-case, and knife—I recollect pulling my watch out in the street after leaving my friend, and I pulled out my purse in the Lowther-rooms, to pay for some stout and gin—there was a 5l. note in the pocket-book, and another 5l. note in my pocket—I had them in the Lowther-rooms—the gin and stout finished me completely—I missed them all when I went to the station at Bow-street—that was about four o'clock in the morning—I then went to a friend's in Lower Thames-street, and he advised me to go to the station, and to the Lowther-rooms also—we got some little information, and he begged of me to endeavour to find the man—I did not go before the Justice till the 4th of January—I was sober then.
Prisoner. On the Thursday the officer came to me, and said, "There was a man with one eye in the Lowther-rooms, were you there?" I said "Yes." "Then," said he, "you must come with me for a robbery;" they got talking to the prosecutor. The purse he swore to is my own. Witness. There was only one ring on the purse—I found the other broken in my pocket.
JOHN SPICER . I am waster at the Lowther-rooms. I saw the prosecutor there about eleven o'clock, on the 27th of December—he was very much in liquor—when I first saw him he came to the bar for a glass of brandy and water, which I served him with—I saw him afterwards in the lower room, underneath, when I was ordered to bring down two bottles of stout—they were quart bottles—that was about three o'clock, on the 28th—the prisoner was with him, talking to him—I brought two bottles down—I drew the first, and, after pouring a glass out, the prisoner told me to leave the corkscrew, and when I came back there would be something for
me, and the corkscrew—I returned to the upper room, and came back in about ten minutes, and there I met Mr. Blake, who gave me the corkscrew and 1s.—the prosecutor paid 2s. for the stout—when I went down, the prisoner and the prosecutor were about leaving the room together—I do not know whether they had emptied the bottles—the prisoner was perfectly sober—I never saw any female with the prosecutor during the night—I have known the prisoner before, but never saw him at the Lowther-rooms—I had never spoken to him.
JOHN PIKE (police-constable F 105.) I was on duty in the Lowther-rooms, about four o'clock in the morning of the 28th of December—I was inside the rooms, stationed there to prevent disorder—I saw the prisoner there—I knew him before for six or seven years—I am confident he was there—I saw the prosecutor, I did not know him before—they went away arm-in-arm together—the prosecutor was very drunk—the prisoner was gober—I told the prosecutor not to go with the prisoner, but to have a cab to himself, and go home—he told me to mind my business.
Prisoner. I was not sober when I went into the rooms, or I should sot have gone in—I had some drink with the prosecutor. Witness, He appeared sober, but the prosecutor was very drunk—I should say, decidedly, the prisoner was not the worse for liquor, because I noticed him particularly before he went out—I never knew him in trouble before, but for having a drop of liquor.
JOSEPH THOMPSON (police-constable F 39.) I took the prisoner last Thursday evening, the 30th of December—I told him I wanted him for robbing a gentleman of two 5l., notes, a watch, a pocket-book, and other things, at the Lowther-rooms—and on the small finger of his right hand I found this ring—I asked where he got it—he said a young woman gave it him at the Lowther-rooms—I asked who the young woman was, he said he did not know, he had slept with her one night, and then she gave it him—I took him to the station, and in his left-hand waistcoat pocket found this knife—I said I believed this to be the gentleman's knife—he said he did not know any thing about it, that the waster at the Lowther-rooms, an old grey-headed man, gave it to him, after he had been cutting the cork off a bottle of stout—I found this watch-key in his right-hand waistcoat pocket—he said he had bad it a long time, it belonged to an old watch of his, it was no use, for it was not worth 2d.—in his coat-pocket I found this brown silk purse—I told him I believed this to be the gentleman's purse—he said he had had it for three or four years, and I must recollect that he had it when he was in charge before—I also found on him a key—I asked him where he lived, he said, at No. 18, Bainbridge-street, in a room through the house, almost opposite the door, a little to the left—I went there, and the key I found on him opened the door—I found this black pocket-book lying on the table, and between the bed and the sacking I found this red pocket-book, and in it three sovereigns and six duplicates, one of which is for a watch, and a letter with the name of "James Low" on it, as an out-patient of the Middlesex-hospital—the next morning I showed these things to the prisoner, and asked if the black pocket-book was his—he said he knew nothing about it, but the red pocket-book was his.
CHARLES FREDERICK WRAY . I am assistant to a pawnbroker, in Stafford-street, Lisson-grave. The prisoner pawned this watch with me on the evening of the 28th of December, for 2l.—he said it was his own,
and gave his name, "George Wilson, No. 5, Webb-street"—I wrote that on the duplicate—there was a woman with him, who had been at our shop the same afternoon (with another woman)—she brought a watch-key and a ring to pledge—I would not take the key, it was worth nothing—I lent her 6s. on the ring, and when the prisoner pawned the watch, he brought the duplicate of the ring, and redeemed it—this duplicate, produced by the officer, is the one I gave the prisoner for the watch.
Prisoner. I deny giving him the watch, the woman did—she said she had pawned a ring, and was going to redeem it—I stood by the door.
Witness. It is quite false—he stood by the counter and pawned the watch which he pulled from his waistcoat pocket—this ring found on his finger is the one he redeemed at the time.
Property produced and sworn to.
Prisoner. I said a man, I did not say an old man. On the 27th I was drinking with some friends in the evening; I left them at half-past eight o'clock, and then went to the corner of Scotland-yard, and stopped till half-past eleven; I then went to the Lowther-rooms; there were 300 or 400 people; I had been drunk, but looking at the rooms made me almost sober; I saw the prosecutor at a table, he offered me a glass of stout, which I drank with him, and that was all I had to do with him; when I was going out, I recognized the time, and it was past four; I did not come out with the prosecutor, nor see him again till last Tuesday.
GUILTY . Aged 25.— Confined Eight Months.
519. JOSEPH ADAMS was indicted for forging and uttering a request for the delivery of a lady's dress, on the 12th of November, with intent to defraud Emma Clapham; and that he had been before convicted of felony.
MR. CLARKSON conducted the Prosecution.
EMMA CLAPHAM . I am single, and carry on business in New Bond-street, as a milliner. On the 7th of November I received this letter, (No. 1)—(looking at it)—in an envelope, by the general-post—I had not at that time the pleasure of knowing Mrs. Colonel Hill personally—I forwarded, in answer, some patterns of velvets to Newport, in the Isle of Wight, according to the direction—on the 13th of November I received this letter (No. 2) by the post—in consequence of the receipt of this, I used expedition in getting the object of the writer, a velvet dress, of not less than seven breadths, prepared and forwarded to the Royal York Hotel, Southampton, addressed to" Mrs. Colonel Hill, Royal York Hotel, Southampton," by the Southampton Railway—I sent it on Tuesday evening, the 16th of November—on the 13th I had also received this other letter, (No. 3)—this is the velvet dress—(looking at it)—which I forwarded to Southampton—I afterwards received this other letter, (No. 4) purporting to come from Mrs. Colonel Hill, acknowledging the receipt of the dress, and saying it was approved of, and containing another order for a dress and a cloak, which I did not execute—I entertained some suspicion, and my brother went to Southampton—there was a bill of parcels forwarded with the velvet dress—the price of it was fifteen guineas—the box produced is the one in which the dress was sent—the direction was on a
card, which has been torn off, but here are the words," To be kept dry," written on the box in our writing.
Cross-examined by MR. DOANE. Q. Had you known a lady of the name of Carnagee? A. Yes, a short time before I received these letters, I had seen her in London, and executed orders for her in London, but not it Newport—I knew she was staying there.
Q. Does not the letter of the 6th of November (No. 1) purport to come from Mrs. Colonel Hills? A. No, there is no "s" at the end, it is Hill—I should not take the stroke at the end of the word to be an "s"—the word Colonel is finished in the same way—there is an unaccountable stroke at the end—it could not be made into an "s"—I addressed my letter to Mrs. Colonel Hill, Newport, Isle of Wight—this first letter came in an envelope, which was thrown away, as usual—I could not swear that I looked at the post-mark, but this first letter decidedly came from Newport, and I should say the others from Newport or Southampton.
No. 1.—" Mrs. Colonell Hill, at the recommendation of Mrs. Carnagee, late from India, will thank Miss Clapham to inform her the price of a best black silk velvet dress, and to send a pattern of the velvet. "To Miss Clapham."
No. 2.—"Mrs. Colonel Hill will thank Miss Clapham to send her a dress of the enclosed velvet, provided it can be sent to her address, at the Royal York Hotel, Southampton, on Wednesday next; if it cannot, Mrs. Colonel Hill will decline it. Mrs. Hill sends a pattern enclosed, and is rather a stout figure. The number of breadths required will be at least seven."
No. 3.—" Mrs. Colonel Hill, in her note of this morning, forgot to mention that a train is not required, and wishes it to be made as plain as possible, and her height is five feet four inches 3/4."
No. 4.—" Mrs. Colonel Hill has received the velvet dress, which fits exceedingly well, and will thank her to send a fashionable gipsy walking cloak of black silk, with velvet trimmings, and a grot-de-Naples morning dress, on or before Friday next, with the account, and a remittance will be forwarded.
"To Miss Clapham."
WILLIAM BETTLE . In November last I was one of the waiters at the Royal York Hotel, Southampton. On the 17th of November, the box produced arrived there by the railway—it was addressed to Colonel, or Mrs. Colonel Hill, at the Royal York Hotel—I delivered it to the prisoner on the same day it arrived—he had been there before, and asked for letters addressed to Colonel Hill, or Mrs. Colonel Hill, and had received two letters—when he came for this box, he came to the bar-door and said, "Is there anything addressed for me or Mrs. Colonel Hill?"—I said, "Who are you?"—he said, "I am Colonel Hill"—I said, "There is a box"—I delive ed it to him, and he took it away.
Cross-examined. Q. Do you mean to swear that when he came for the box he said, "I am Colonel Hill?" A. Yes, he came to the bar-door and said, "Is there any thing directed for me or Mrs. Colonel Hill?"—I said, "Are you Colonel Hill?"—he said, "Yes;" and I said, "There is a box"—I had given him two letters, I think, about the 11th or 12th.
Q. How came you to ask him if he was Colonel Hill when he came for the box, when you had given him these two letters? A. These few days
intervening, perhaps I might not know the person again, being in a hurry, and carriages at the door—I am sure he is the man that came for the two letters—I asked him, because I thought I might have been deceived, but he is the person—when he came for the letters he asked if there was any letters for Colonel or Mrs. Colonel Hill—I said, "There are two letters," and gave them to him—I believe that was all that passed then—the barmaid might have been at the bar at that time—the box was brought to the bar-door from the railway-station—I was there, and paid 1s. 3d. for it.
MARGARET HILL . I am the widow of Colonel Hill. In November last, I was residing at Newport, in the Isle of Wight—I had no acquaintance there of the name of Carnagee—I know no one of that name—I know nothing of the prisoner—these letters are none of them written by me, or by my authority—I am popularly known as Mrs. Colonel Hill, my letters are so directed
Cross-examined. Q. Is your name Hill or Hills? A. Hill—I have resided in Newport nearly two years—my husband was a Lieutenant-Colonel—I do not know a Mrs. Carnagee, nor any similar name—I do not know that I ever heard there was such a person—I have resided off and on at the Isle of Wight for a number of years—there is no lady named Hills there, that I know of.
ISABELLA SCOTT . I am the widow of General Scott. I married him in New York, and resided with him there—I believe the prisoner has dined at our table in America—I did not come from America with him, but since I have been in England I have resided in Sackville-street for one year and one month—the prisoner boarded at my house for some time—I have seen him write.
Cross-examined. Q. How often can you swear you have seen him write? A. Frequently, in my house in Sackville-street—he was in my house seven weeks or two months, from the latter end of February till April—I have been in a room where he was writing—I have seen him write, and I have read it afterwards—he has shown me what he has been writing—I have seen him write letters, and I have read them—he never wrote a letter for me but once, and that was to the Rev. Dr. Jamieson—I saw him write that, and I read it afterwards
MR. CLARKSON. Q. Do you believe these letters to be the handwriting of the prisoner? A. I could not swear that No. 1, is the prisoner's writing—I think it is—Nos. 2 and 3 are his handwriting—No. 4 is not so much the character of his handwriting—I believe it to be his writing—think it is
Cross-examined. Q. Do I understand you to say that the first letter you would not speak to? A. I believe it to be his writing—the fourth letter does not assume the character of the prisoner's handwriting so much as the others do—it is a different style of handwriting—in my judgment Nos. 1, 2, and 3 are in his ordinary handwriting—there is nothing at all unusual or disguised about them.
Q. If you have seen him write so often, and seen his letters so often, how came you to hesitate so long? A. Because my feelings were excited
MR. CLARKSON. A. Do you believe the letter No. 4 is in the handwriting of the prisoner? A. I stated it might be his handwriting, and it might not.
Q. I am not asking you what you said before the Magistrate, but what
you have said within the last fire minutes; although it is not exactly in the same character, do you believe it to be the prisoner's handwriting? A. Yes, I do.
ANN HATTON . I am a widow, and was residing at Southampton in November. I had made an acquaintance with the prisoner at Cowes—I purchased this velvet dress of the prisoner, at Southampton, on a Monday in November—it was on the Monday previous to his being taken into custody—this is the box in which the dress was—the prisoner said that a friend of his, who was a barrister, or who he thought was a barrister, had to dispose of it—he said his friend had purchased it for a lady to whom he was on the point of marriage, but he had been abroad, and from some cause the match was broken off, and he had to dispose of it—I paid him three 5l. notes I and a sovereign for it—a few days afterwards I heard of his apprehension, I communicated with the police, and gave them the dress—the officer produced to me this 5l. note (looking at it) which is one I gave the prisoner.
WILLIAM TERRY . I am sergeant of the police at Southampton. I look the prisoner into custody on the evening of the 24th of November, at Southampton—I found on him a gold watch, a diamond ring, a mourning ring, and 12s. in silver—the next morning he was searched in my presence, and, concealed in a small bag in the shape of a heart, under his flannel shirt, there were twenty duplicates, this 5l. note, two sovereigns, and some letters—I afterwards found this certificate in a portmanteau at Mrs. Scott's, which was not locked—I know Newport well—I have made inquiries, and there is no Mrs. Hill or Hills, or Mrs. Colonel Hill, but the lady who is here—I was sent to make particular inquiries.
MRS. SCOTT. I had a portmanteau of the prisoner's—I delivered it to the officer.
(The certificate was the discharge of Joseph "Adams from the General Penitentiary, by her Majesty's free pardon, on the 15th of September, 1837, signed "John Wade, Governor.")
WILLIAM PRINCE HALL . I am chief police-officer of Bath. I know the prisoner—I was present at his trial, in 1834, for stealing two watches and a box—he is the person named in the certificate of conviction.
Cross-examined. Q. Had you had him in your custody? A. Yes—I swear he is the same man.
GUILTY . Aged 43.— Transported for Fifteen Years. (There was another indictment against the prisoner.)
520. ANN UPJOHN was indicted for feloniously assaulting Edward Allen, on the 27th of December, and cutting and wounding him in and upon his head and right ear, with intent to do him some grievous bodily harm.
WILLIAM HADDEN (police-constable K 50.) I was sent for down the High-street, Poplar, at a quarter to 2 o'clock in the day of the 27th of December, and saw a great number of people assembled round the Harrow public-house—I went up, and saw the prisoner standing close by—she had blood on her face and hands—I went up to her—she said, "I have stabbed him, I have stabbed him"—she had been drinking, but knew what she was about—she was under great excitement from liquor—I said, "Stabbed who?"
—she said, "Ned"—I said, "Ned who?"—she said, "Ned Allen "—I then saw a knife in her hand—she refused to give it up at first—I asked her for it, and, after some difficulty, I got it from her—a few minutes after Blyth came up—I gave her in his charge—I went to the Harrow and found Allen bleeding from the fore-part of the head—he was drank—I took him to the station, and charged them both with being drunk—I took them down to the Thames police—they were remanded till the next day, for the purpose of having the evidence of the surgeon.
JACOB ABBOTT . I lodge at the Harrow public-house. I saw the prisoner and Allen together there last Monday week—I was near the bar—they were having very high words—I did not hear what they said—there were so many people making a clamour—I saw the prisoner strike Allen on the head—she had a little shutting knife in her hand—it was open at the time—I saw a great quantity of blood on Allen's head immediately after, as if it came from a wound—there was blood on his collar before—she did not say any thing when she struck him, that I heard.
HENRY BLYTH (police-constable K 302.) I took the prisoner from Hadden—she was drunk, but not so drunk but what she knew what she was about—she seemed in a great passion, and said she did not care so long as she had had her revenge.
EDWARD ALLEN . I am a deal-porter, and live in Green Man's-lane. I have lived with the prisoner, on and off, between five and six weeks—she is an unfortunate woman—we were very good friends on the Christmas night, and on the Sunday night I was at home at my mother's—the prisoner and I do not support one another, it was only for friendship—on Monday, the 27th, I went to the Harrow public-house, and saw her inside the tap-room—she asked me to give her something to drink—I said I had no money—she said she would give me some gin—she called for a quartern of gin, and I asked the landlord for my Christmas-box—he said he would be a quartern more for us, and gave us half-a-pint—she was peeling an apple knife, which I had given her six months before—I said, "Lend it to me, to cut my lunch"—she said, "No"—I put my arm round her neck, and the point of the knife happened to catch my ear as she lifted her hand—it was by mere accident it came against my ear—she did not strike at me at all when she lifted the knife—it was not her intention to hurt me—she did not strike at me—I swear that.
JOHN NATHANIEL MESSEENA . I am a surgeon. I examined the prosecutor a little after two o'clock, on Monday week—there was a small incised wound on the upper part of his scalp, about an inch in length—there was another wound on the right ear also—it appeared to have been made by a sharp instrument—such a knife as this would make the wound—there had been a considerable hemorrhage of blood from the wound in the scalp, but it had ceased when I got to the station—both the wounds seemed to have been done by some sharp cutting instrument, not as if he had fallen on a fender—it would have been a contused wound if he had.
Prisoner's Defence. I am innocent of doing it with any ill intent; I had taken a great deal of drink.
GUILTY of an Assault. Aged 24.— Confined One Month.
521. DENNIS SANTRY was indicted for breaking and entering the dwelling-house of John Thompson, on the 3rd of January, at St. George, and stealing therein 2 halfpence and 13 farthings, the monies of said John Thompson
WILLIAM TAPLIN (police-constable K 234.) On last Monday morning, about six o'clock, I was requested by Mr. Thompson to conceal myself in a parlour at the back of his shop, which was not open—it was dark—I heard somebody come down stairs about a quarter past seven o'clock—I heard them unlock the door which opens from the passage into the shop—I heard the person come into the shop, and turn round, and go up on the inside of the counter—I then beard a drawer drawn out, and the sound of some money—after that the party came back, in the direction where I was—I then seized him, took him to the light, and it was the prisoner—I asked him what his business was behind the counter—he told me the backdoor, which he usually went out at, was secure, that he could not go out that way, and he came back, intending to go out at the front door—Mr. Thomson came in, and we went to the station—I told the prisoner the back-door was only on the latch—he said he was not aware there was a latch to it—he was taken to the station, and on him was found two halfpence and thirteen farthings, which he said he had taken out of his child's money-box that morning.
Cross-examined by MR. PAYNE. Q. You could not see what took place? A. No, it was dark—the prisoner was about a yard from the end of the counter when I seized him—the back-door was shut—all the money I found on him, was two halfpence and three farthings.
JOHN THOMPSON . I live in Old Gravel-lane, in the parish of St. George. The prisoner has lodged with me rather better than two years—I marked 2s. 9d. in halfpence, 1s. 2d. in penny-pieces, one shilling, and two sixpences, and put them into my till—I desired the policeman to watch on the Sunday night—I locked the shop-door, and put the key into my pocket—there was only one door into the street—I came down and found the officer had got hold of the prisoner—I said to him, "How did you get in?"—he said the door was open—I went to look at the door, and a key was in it—I never saw that key before—I examined my till, and missed two half-pence—I got two halfpence from the policeman at the station, and these farthings, which were not marked—I could not say whether they were mine or not—these two halfpence are marked with a long stroke and two short ones—they are two of mine.
Cross-examined. Q. Are you sure you did not leave the door unlocked? A. Yes, I am quite certain of that—I had one other family besides the prisoner lodging there—the prisoner occupied the top room—he has a wife and two small children—he had been out of work three weeks—be got his living very regularly—I have left him frequently in my house. GUILTY>. Aged 30.— Recommended to mercy by the Jury and Prosecutor.
Confined Three Months.
522. JAMES CASHWAY the younger, was indicted for feloniously breaking and entering the dwelling-house of James Cashway, on the 27th of December, at St. Matthew, Bethnal-green, and stealing therein 1 bonnet, value 4s.; 3/4 lb. weight of silk, value 2l. 5s.; and 24 wooden bobbins, value 2s.; the goods of James Moscrop.
St. Matthew, Bethnal-green; the prisoner lived in the ground-floor back. room, with his grandfather, James Cashway. On Monday week, the I 27th of December, I left home with my wife, at half-past five o'clock—we locked the door and took the key with us—I came back about ten minutes to six—I got into the house with the key of the street-door, which I had in my pocket—I saw my own door was open—a man rushed out of my room-door and ran out at the back-door—I then saw the prisoner in my room with a lighted candle in his hand—he made his way towards the door—I collared him, and he chucked the candle away into the entry—he said, "Let me go, Jem, it is only me, I am going into my own room"—I asked what he did in my room, and told my wife to call a policeman, which she did, and the neighbours fetched a light—the policeman came and took the prisoner into custody—the catch of my door was broken right off, and laid on the floor in the room, and every thing in the room had been turned over and moved—the bed and bed clothes had been turned up at the sides—there was some silk on the bed which had been under the window in the machine, when we went out, and seven full bobbins which had been there when we went out were gone—they were worth about 1l.—my wife had them to wind off the skeins for the trimming warehouse—my wife's bonnet had been in the cup-board when we went out, and when we returned it was on the bed.
Prisoner. I was not in the room at all. Witness. I am certain he was, and had a light in his hand.
MARY MOSCROP . I went out with my husband, when we came back I saw the prisoner in the room making his way to the door—my husband caught him by the collar—he was quite in the room—he had a candle in his hand—I lost seven full bobbins of silk, and three empty ones—the silk bad been given me to work upon—my bonnet was in the cupboard when I went out, and when I came back it was on the bed—I saw the prisoner throw away the candle—it was my candle, and had been on the table in my room when I went out.
Prisoner. She is only living with that man; she is not his wife: her name is Long. Witness. My maiden name was Long—I swear I was married at Stepney church—I have gone by the name of Moscrop since I was married.
EUGENE LEE (police-constable H 188.) I was called about six o'clock that evening, and took the prisoner—the catch of the prosecutor's door was forced from the jamb and laid on the floor, but no violence had been done to the timber—I took the prisoner to the station—he said he had only come in there being three parts lushy, but he did not appear to me to be
Prisoner. My grandfather rents the house, and I occupy the back-room on the ground-floor. On that evening, being hungry, I went home to get some food. I heard a noise in the prosecutor's room. I went in and found a man, who made his escape, and has not been found since.
NOT GUILTY .
523. MARY ANNE FORSTER was indicted for stealing, on the 11th of November, 1 bed, value 2l.; 1 bolster, value 3s.; 2 pillows, value 5s.; 1 sheet, value 2s.; 1 blanket, value 6s.; 1 counterpane, value 15s.; 1 table, value 7s.; 2 chairs, value 6s.; and I looking-glass and frame, value 1s.; the goods of Joseph Ankins.
ANN ANKINS. I am the wife of Joseph Ankins, who lives in Brook-street,
Bridge-road, Hammersmith, and is a bricklayer. The prisoner rented a furnished room of us—she came on the 4th of November, and left on the 11th of December—there was then a fortnight's rent due, which she did not pay—on Sunday, the 12th of December, I went to her room—the door was locked, and she had taken the key—I got my son to place a ladder at the window—I looked in, and the property stated was gone—I sent for a constable, and in his presence I gained possession of the room—the property missing was my husband's, and worth 4l., at least—her husband lived with her there—she said he was a gardener—I believe he was there with her every day.
WILLIAM MARCH. I am shopman to a pawnbroker at Hammersmith. The prisoner pledged with me, on the 20th of November a bolster, for 1s. 6d.; on the 27th, a pillow for 1s. 6d.; and on the 29th, a counterpane for 3s.
(Property produced and sworn to.)
GEORGE LOWE (police-constable T 50.) I took the prisoner on the 24th of December—I told her it was for robbing her furnished lodgings—she said she had taken nothing out of the room herself, but what she had pawned and sold, was as much for the man she was living with as herself, and that his name was Charles Deane—I had known the prisoner before.
Prisoner. I deny all knowledge of the bed, pillows, and sheet. The prosecutor's bed and pillows are flock, and this pillow is feather—I pledged it for another person. I did not intend to rob the woman.
GUILTY . Aged 22.— Confined Six Months.
Fifth Jury, before Mr. Common Sergeant.
GUILTY .— Confined Three Months.
525. JOHN JONES was indicted for breaking and entering the dwelling-house of Henry Squire, and another, on the 25th of December, at St. Leonard, Shoreditch, and stealing therein 1 key. value 3d.; 3 sovereigns, 4 shillings, 7 sixpences, 12 groats, and 300 pence; their property.
HENRY WILLIAM DUBOIS . I am shopman to Henry Squire and Elizabeth Oldham, grocers and tallow-chandlers, in Thomas-street, Hackney-road. I locked up the house on Christmas evening, the 25th of December—I took the key with me—I left every thing safe about six o'clock—it is the sleeping-house of Mr. Henry Squires and his partner, and in the parish of St. Leonard, Shoreditch—I gave the key of the shop to Ewins, to go and do his horses—I afterwards went to the house, and saw my master pick up some coppers in a handkerchief from behind the door.
PHILIP EWINS. I got the key from Dubois, and went to the house in Thomas-street—I got there about half-past seven o'clock—I pat the key in the door, turned the lock, and pushed the door very hard to get it open—I heard a man's footsteps, and heard him go on the stairs—I put my hand on his arm, and drew back, put the door to, and went into the street for assistance—the man pushed the door to, and bolted the bottom bolt—I stood about a minute, and heard a man in the next yard but one—I ran to the yard, saw the prisoner, collared him, and held him
till the policeman came—as he was going to the station, J saw him put his hand to his pocket, but I did not see what he took from it—after he got to the station, we took a dark lantern, three sovereigns, and some matches from him—we returned to Thomas's-street, and my master was then knocking at the door—I had to push the bottom bolt off to get in—the back-door of the house was opened, which would lead the prisoner to the place where he was found.
HENRY SQUIRE . I keep this house in Thomas's-street; it is my dwelling-house. About eight o'clock on Christmas evening I found the door bolted, we got in, and found 25s. in coppers, tied up, behind the door—they had been locked in the desk when I left them—the desk was broken open, and some money gone—I cannot swear how much—I think there was some gold gone—I can swear there was some silver gone, some fourpenny pieces, and halfpence and pence—I went to the back-door which leads to the yard—it was open, and one shilling, two sixpences, and one fourpenny piece was found in the yard.
Cross-examined by MR. PHILLIPS. Q. How many fourpenny pieces did you lose? A. About twelve.
JOHN JASPER GARLICK . I was reading in my back-parlour on Christmas evening—I heard a noise of a person getting over my paling, and heard a window open—I went to the back-door—the prisoner stood before me—I collared him—the carman arrived, and took him.
Cross-examined. Q. Did you find a man had escaped over the wall of the Refuge for the Destitute? A. Yes—it was not beyond the place where the prisoner was—I found the prisoner against the back-door of Mr. Garlick's house—the Refuge for the Destitute is on one side of the wall, and Mr. Garlick's the other.
GUILTY . Aged 21.— Transported for Ten Years.
JOHN FARROW . I live in Red Lion-street, Spitalfields. The prisoner came to work for me on the 26th of October—it was his duty to pay me the money he received from my customers—I sent him up to Loveday's with 4 cwts. of potatoes, and gave him a bill and receipt—it was his duty to pay me the money when he came home—if he received 12s., on the 26th of October, from Loveday, he has not paid me—when he returned, I asked if he had received the money—he said, "No"—if he received 6s. on the 27th from Arthur Bell, he has not paid it to me.
Prisoner. He stopped 4s. from my wages, and went next day to the station, and said he would give me in charge—I said I would pay him so much a-week, as I had lost it. Witness. I did not know of this for four or five days.
GUILTY . Aged 26.— Confined Six Months.
THOMAS PARKER . I am landlord of the Castle public-house, Bullen-street, Strand. The prisoners frequented my house, and were there on the 23rd of September—they left about twelve o'clock—I was called by the officer about three in the morning of the 24th—what he stated induced me to go to my cellar—I saw there had been seventeen bottles of wine taken—I had seen them safe about four on the 23rd—they must have got in by drawing the staple out of the door-post—the door is at the bottom of the stairs—it communicates with an inner door—the policeman produced two bottles of wine to me—I am sure the bottles are the same as I had—I can tell it by the cork—here is the mark of "sherry" upon this one—it is so marked that I am able to say it was one I had.
Cross-examined by MR. PAYNE. Q. How much a bottle is it? A. 3s. 6d.—my house is open late—a good many people frequent it—they are in and out till two o'clock in the morning—I had been at four in the after noon before to the cellar—I did not count the wine then—I saw by the marks where the wine had been standing, that it was gone—there is one bottle left in my cellar—the wine-merchant's name is on the corks.
WILLIAM MARCHANT (police-constable F 139.) I belong to Coventgarden station. At a quarter before three o'clock on the morning of the 24th, I was patroling the Strand, and saw the prisoners coming out of the gallery, en trance of the Adelphi Theatre—I asked what they had been at—Kelly said, "For a necessary occasion"—I said it was not a proper place—they ran off—I saw a bottle of sherry sticking out of Chandler's pocket—I saw another bottle—I took that out—they both stopped when I told them—I asked Chandler how he came by them—he said his sister gave it him, from Cow-cross—I told them they must go with me to the station—on the way I met an officer, who took Kelly, and I took Chandler.
Cross-examined. Q. Did Chandler ask if you would have some? A. He did, and I declined, I took the wine to the station—I marked the corks on the bottles—I only know it is the wine by the marks of the corks.
Cross-examined. Q. How many persons were in the house between twelve and two o'clock? A. It is impossible for me to say—I kept open till half-past three—I cannot swear this is wine.
WILLIAM CHADDER (police-constable F 2.) In consequence of information, at half-past three in the morning, I went to the next house to the prosecutor's, and found in the passage an empty broken bottle—in the cellar three bottles of sherry, and in the dust-hole two bottles more—the proseeutor said they were his.
NOT GUILTY .
528. SARAH WILLIAMS was indicted for stealing, on the 25th of November, 1 watch, value 6l., the goods of Hugh Wood; 3 dresses, value 20s.; 2 petticoats, value 5s.; and 1 shawl, value 15s.; the goods of Elizabeth Goldsmith.
Green-street, Golden-square. The prisoner came there on the 27th of November—she beckoned to me and my fellow-servant, and asked if we wanted to buy ribbons or lace—she asked my fellow-servant if she wanted her fortune told—she said "No"—she went up stairs, and left me at the door—the prisoner then asked me, and I said "Yes"—she said I was to meet her at one o'clock the same day, in Green-street, and I was to bring three dresses, two petticoats, a shawl, a shift, and something that would tick, that was valuable; they were to rule the planet—I went and met her, and took those things that were mine, and a watch of my master's, Mr. Hugh Wood—I put the things into her hand—she asked if I thought she was dishonest, and she made an oath to me that she would bring them back at seven o'clock the same evening, or at half-past six the next morning.
Q. Did you let her have the things, believing this story? A. Yes—she asked me to lend them to her, and she would bring them back—she did not bring them back—I never saw her again till I gave her into custody on Ludgate-hill, last Monday—she had one of my dresses on when she was taken—we asked where the watch was—she said she had made away with it—the watch was valued at 6l.
Prisoner. I was in Green-street, where she lives. I am in the habit of going about to sell lace, and she gave me the old dress I had on to tell her fortune. I know nothing of the other property. Witness. I lent her all the things together, not to keep in any way, and she made an oath to me that she would bring them back again—she said she was not in the habit of letting any one know that she told forunes, or she should be taken up.
EMMA WHEELER . I was in service where Goldsmith was. On the 25th of November the prisoner came when my mistress was out—she beckoned me and my fellow-servant up, and asked if we wanted our fortunes told—I said "No," and went up stairs—I am sure the prisoner is the woman, and the dress produced is my fellow-servant's.
GUILTY . Aged 46.— Confined Eighteen Months.
529. GEORGE JAMES JOHNSON was indicted for feloniously receiving, on the 24th of August, 1 sack, value 1s. 3d., and 4 bushels of oats, value 14s.; the goods of Benjamin White, which John Taylor has been convicted of stealing.
JOHN MOSELEY . I produce a record of the conviction of John Taylor, at the October Sessions, 1841, in this Court—he was sentenced to four months' imprisonment in the. House of Correction, for stealing 1 sack, value 1s. 3d., and 4 bushels of oats, value 14s.; the goods of Benjamin White. I
BENJAMIN WHITE . I am a corn-dealer, and live in Red Lion-street, Whitechapel. I knew a person named John Taylor—he was horsekeeper to Mr. Levy, whose stable adjoins mine—about the 2nd of October I saw Taylor and Mr. Levy—I was present at Taylor's trial in this Court—I know the prisoner well—he occupied a stable in Black Horse-yard, George-yard, Whitechapel—I found a sack of oats which I had lost, in the prisoner's stable—they were my own oats and my own sack, and they were stolen from me that very morning, which was, I think, about the 2nd of October—it was Dexter's stable, and the prisoner rented them of
Dexter—Levy was the other prosecutor—I went with Levy to the stable, I saw no one there—the door was locked—I pushed it open, and saw my own sack standing there full—I went into the stable, and saw the prisoner standing before me—I said, "You are a pretty sort of man, how came you by this sack of oats?"—he said, "I bought them," or some such slight answer—I was in the act of taking a knife from my pocket to cut the string, and while so doing, the prisoner, who had a pair of slippers on and no stockings, took the slippers off and ran away—I never saw him again till he was taken—Levy followed him, but he got off—I found another tactful up stairs in the loft—I examined it, and found it was my own tack, if not the oats that were in it—the two sacks were found in Dexter's stable—I am quite sure the sacks were mine, and am pretty sure the oats were mine, and they were got away through the connexion my man bad with other persons—I lost one sack that morning, but there wert many sacks lost before that.
Cross-examined by MR. DOANE. Q. The prisoner is a cab-proprietor? A. He was at that time, and occupied part of Dexter's stable, and Watling Mother part—I deal in these things—I had sold oats to the prisoner, but not for four months before this happened—I went out of town, and more to my sacrifice, I had a man named Cook, and he managed in my absence—he was indicted, and was acquitted through the mistake about the sack, but he was guilty—my stables are about thirty yards from my door—Mr. Levy's stable is next to mine—Mr. Greaves's stable is between them, but he and Mr. Levy hold part of one stable—I was robbed of a large quantity of oats—I believe there were four sacks produced here at the trial in October, and about sixteen bushels of oats—here are four sacks here to-night, but no oats.
Q. Are you in a situation to take your oath as to the sack and four bushels of oats which Taylor was convicted of stealing? A. I know he was convicted—I distinguished three sacks out of the four—the other I could not, it had not got my own mending on it—I can speak as to the particular time I lost the sack we are now inquiring about—the prisoner surrendered here last night.
Q. Are you prepared to speak with any thing like accuracy to the one sack stolen by Taylor on the 24th of August? A. October, sir, it is a sack I lost in October I am speaking about.
Q. But the sack in this indictment is alleged to have been stolen by Taylor in August, are you in a condition to say that you know which that sack was? A. I can only say it was one of the four sacks now produced—here are but three sacks out of the four that I can identify, but whether that sack is one of the three or not, I cannot say—this sack (looking at one) is the one I found full in the loft of the stable—the one that Taylor was convicted of stealing was one of these two—one of these sacks was found in Union-street.
TERESA WARBOYS RITTER . I am the wife of Conrad Ritter, a sugarbaker in John-street, Church-lane, Whitechapel—the prisoner used to lodge at our house—I think he came on the first Thursday in July—something was left at our house, which I believe was called oats—Mr. Johnson made use of it for his horse.
Q. Don't you know that Watling occupied the stable? A. I know some one occupied it with him—one worked the cab at night, and the other by day.
GEORGE JOHNSON . I am a cab-proprietor—I did live in Union-street—the prisoner is my nephew—he called on me about six weeks before October to ask my leave to place a sack of oats in my shed, as he had not sufficient room at home, and if he took them to the stable other persons would use them—a man named Taylor brought a sack there—I do not know what it contained—the officer fetched it away.
SAMUEL TAYLOR . I am an officer. I went after Cook—I then went to George-yard, and found one sack in the stable and one in the loft, but neither of those was the sack that Taylor was indicted for stealing—there are two sacks here that Taylor was indicted for, but the bill was thrown out for the two that were found in the stable—this is the sack that was found in the loft—this I can swear to—there was corn in it then—Mr. White said he had every reason to believe it was his corn—the sack he was satisfied was his—I did not see the prisoner till last night.
Cross-examined. Q. Have you had this sack in your possession ever since you found it? A. No, but I am satisfied it is the sack—here are three sacks here, but I know this one by the marks on it—I was at the last trial—I produced this sack then full of corn—it has been in possession of English—I never took it into my possession at all—the sacks were all here together in October, but this is one I picked out that Session—I have no particular mark on it, but it has a stripe up the middle of it, and the others have not—I know it by that, and by the appearance of the sack—this is the one that was in the loft—I said so on the last occasion—English was with me when I found it—I have known the prisoner five years—I never heard anything against him—I have seen him formerly two or three times a week—he came to me last night and surrendered.
JURY. Q. Have not many other sacks this stripe? A. Yes, but this I can swear to—here is a darn on it.
Cross-examined. Q. How many sacks have you? A. Five hundred, I dare say, perhaps more—it is almost beyond calculation how many I send out in twelve months—the prisoner may have dealt with me two or three years on and off—I do not remember that he has borrowed sacks of me, not plain ones—I would not swear that he has not, because I am not always at home—I have occasionally lent sacks when I know who they are lent to.
SAMUEL LEVY . I live in Mitre-street. I went on this occasion to the stable—I saw the prisoner there talking to Mr. White—I heard Mr. White say, "These are my oats"—the prisoner threw off his slippers, and ran off—I ran up George-street, and called "Stop thief," but he got away.
GEORGE ENGLISH (police-constable H 39.) I went to the stable occupied by the prisoner—I found one sack in the stable and one in the loft—this is the one found in the loft—the other I could not identify.
530. GEORGE JAMES JOHNSON was again indicted for feloniously receiving of a certain evil-disposed person, on the 24th of August, 1 sack, value 1s. 3d.; and 4 bushels of oats, value 14s.; the goods of Benjamin White: also for feloniously receiving, on the 1st of October, 2 sacks, value 2s., 6d.; and 8 bushels of oats, value 1l. 4s.; the goods of Benjamin White.
(No evidence.) NOT GUILTY .
SARAH TINSON . I am the wife of George Tinson, a butcher, living in Oxford-market. On the evening of the 22nd of December, I was sitting in the parlour, at the back of the shop—I saw the prisoner come to the shop-board, and take a loin of mutton—he put it under his coat—I informed my husband, who instantly followed him—I went out after my husband, and some one said, "There lies the mutton"—I picked it up about twenty yards from the shop, in the direction of Titchfield-street—I know it was ours, and what the prisoner took—he was brought back in about ten minutes—I knew him to be the man, and gave him in charge.
ROBERT CHANDLER . I live next door to Mr. Tinson. I was at my door, and saw the prisoner with the mutton under his arm—he stumbled over some baskets—Mr. Tinson came out and went after him—I saw him taken in Titchfield-street.
Prisoner. I was in Castle-street, the prosecutor came and asked another man if he took it; he said "No," and then he said, "I must have it."
GUILTY.—Aged 18.—Recommended to mercy by the Prosecutor, Confined Two Months.
THOMAS STEEDEN . I am a greengrocer, and live in Portman-market. I employed Field occasionally, and on the 10th of December I sent him to Mrs. Addison, of Warwick-villas, for orders—this book is mine, and he ought to have brought it to me with half-a-sovereign, which he did not.
MARY AMBROSE . I am servant to Mrs. Addison, of War wick-villas. On the morning of the 10th of December Field came to the house—I gave him a book and a half-sovereign to pay the weekly account—this is the book I gave him—he was to give it to Mr. Steeden.
THOMAS HENRY THOMPSON (police-sergeant D 4.) I took Field—I told him it was for stealing a half-sovereign and a book—he said he met with Moore, who persuaded him to steal it, and he had got the book—I went to Moore's house, and received this book from his mother—I saw Moore there—I said, "I have come after you, where is the book?"—he said, "I gave it to my mother."
NOT GUILTY .
THOMAS STEEDEN . The prisoner was in my employ on the 10th of December — it was his duty to pay me any money he received—if he received 10s. from Mary Ambrose, he did not pay it to me—he came home that day, did the orders, and went away—the next day they sent for the change of the half-sovereign, and I did not know what they meant.
MARY AMBROSE . I live with Mrs. Addison. On the 10th of December the prisoner came to me for orders—he did not come for any thing else, but I paid him the half-sovereign for my mistress, for Mr. Steeden.
THOMAS HENRY THOMPSON (police-sergeant D 4.) I went to Exeter-street, and found the prisoner there—I said, "I come to take you for stealing a half-sovereign"—he said he should not have done so, only he met with Moore, who persuaded him to steal it.
Prisoner. I gave Moore 2s. of it.
GUILTY. Aged 14.—Recommended to mercy by the Jury. Confined Six Days, and Whipped.
OLD COURT.—Friday, January 7th, 1842.
Third Jury, before Mr. Recorder.
GUILTY .— Confined Two Months.
ALLUM pleaded GUILTY .— Confined Three Months.
JOHN JAMES ALLEN (police-constable E 159.) On the morning of the 4th of January I was on duty in Regent-square, St. Pancras; about a quarter before eight o'clock, the prisoner Iron came with an empty basket past No. 46, Regent-square, he looked down the area, went further on, returned, and passed several times—he went down a court in Sidmouth-street, returned again about twenty-five minutes after eight, and went to the area gate, he again looked down, and stepped back—he went to the gate again—it appeared to be opened by somebody—he went down the area, and came up in about seven minutes, with the basket full of coals—I went up to him, and told him he must go to the station—he asked what for—I said, "On suspicion of stealing the coals"—on the way to the station, he said if I would let him go he would never do it again—I took the female prisoner into custody at Mr. Knight's house, No. 46.
GEORGE KNIGHT . I live at No. 46, Regent-square. The prisoner Allum was my cook—in consequence of suspicion, the policeman was desired to watch—after the male prisoner was taken, I told the female I had a charge to make against her—she asked what for—I said, "For stealing property"—she said she had not taken any thing, but afterwards she said she had been in the habit of having her father down to clean the knives in the morning, and occasionally gave him broken victuals—I said she had given him other things besides—she said she had not—I accused her of the coals, and she said she had done it more than once—I have another servant, who was ill at the time, and had not got up.
MARY ANN LOCK . I am servant to the prosecutor. I was ill on the 4th of January—the prisoner got up a little before eight o'clock—I was not up—the coals were kept in the area next the street, and the key in the door—Iron, one morning, cleaned some knives for Allum. IRON— GUILTY. Aged 60.— Confined Three Months.
Before Mr. Baron Gurney.
536. STEPHEN HADDON and SARAH HADDON were indicted for stealing, on the 10th of December, 1 lock and key, value 1s.; 2 flat-irons, value 1s.; and I looking-glass and frame, value 6d.; the goods of Thomas Cooper.
HANNAH COOPER . I am the wife of Thomas Cooper, of No. 59, Holywell-lane. The female prisoner took a lodging in my house on the 2nd of December—she told me she was married—the other prisoner and her came that night—he is her husband—they remained eight days, and on the 10th, while I was at tea, she came and asked me to lend her another flat-iron (she had one before,) and she said, "Will you have your rent to-night or to-morrow?"—I said, "To-night," and between six and seven o'clock she came down, my door was open, she said, "I am going out for half-an-hour, when I come back I will pay you the rent"—I looked after her, as I thought she seemed flurried—when the street door was open I saw him and her going out of the door with a bag or bundle, which they had brought with them when they came—I went, and stopped her—the man was on forwards—I found on the female's person my two flat-irons, and the key of the door—the man went away—I sent for a policeman, and saw him find a looking-glass in her pocket.
MRS. COOPER re-examined. These articles are all mine.
Sarah Haddon's Defence. She took hold of me, and threw me down, though I was near my confinement.
Stephen Haddont Defence, I did not know my wife had got the articles.
SARAH HADDON— GUILTY . Aged 24.— Confined Two Months.
STEPHEN HADDON— NOT GUILTY .
537. STEPHEN HADDON and SARAH HADDON were again indicted for stealing, on the 7th of December, 1 pillow, value 2s.; 2lbs. weight of feathers, value 4s.; 1 blanket, value 4s.; 1 quilt, value 4s.; 2 candlesticks, value 1s. 6d.; 2 sheets, value 4s.; 2 pillow-cases, value 1s.; 1 table-cloth, value 1s.; 1 frying-pan, value 9d.; 1 saucepan, value 1s.; 1 coffee-pot, value 1s.; and four castors, value 1s.; the goods of Thomas Cooper.
HANNAH COOPER . I am the wife of Thomas Cooper; the prisoner lodged at our house from the 2nd to the 10th of December. On the evening of the 10th they went out of the house together—I stopped the woman and took her into my room—I missed from their room the feathers out of the bolster, a feather pillow, a pair of sheets, a pillow-case, and a quilt, (a blanket was torn to pieces, a flock mattress cut to pieces,) a coffee-
pot, a fryingpan, a saucepan, two candlesticks, the castors off the table, and some of the brass stripped off the drawers—I asked her what she had done with the things—she said, some she had sold, and some she had pawned—I asked what she had done with the tickets of those pawned—she said they were in one of the drawers up stairs, and there I found five duplicates—the other things she said she had sold.
BENJAMIN LING . I am shopman to Mr. Kemp, a pawnbroker, in Holy well-lane. I have a pillow, blanket, and quilt—I only took one of them in, but I cannot swear who from—it was a woman, and was pawned on the 10th of December—this is the duplicate—the person who took the others in has left.
MAURICE MOLLOY . I am a policeman. These five tickets were lying on the table when I went in—here is one for a pillow, one for a patch-work, one for a blanket, pawned at Kemp's, and one for a pillow pawned for 1s. at Smith's on the 7th of December.
MRS. COOPER re-examined. All these articles are mine, and these are tickets I found.
Sarah Haddon. There was but one sheet in the lodging, and we never had a table-cloth.
SARAH HADDON- GUILTY . Aged 24.— Confined Two Months more. STEPHEN HADDON— NOT GUILTY .
Before Mr. Baron Maule.
GEORGE WHEATLEY . I keep a broker's-shop in Gray's Inn-lane. On the morning of the 1st of January, a few minutes before nine o'clock, I saw the prisoner in front of my shop, which is open—he stood about half a minute, and then snatched a pair of pistols from a table inside the shop, and ran down Gray's Inn-lane—I followed, and lost sight of him for half a minute—he turned down Holborn into Brooke-street—I hallooed, "Stop thief" there—he immediately dropped something from under his coat, and got into White Hart-yard, which leads into Bell-court—two courts lead out of that, in different directions, into Gray's Inn-lane—he turned into Pheasant-court—a neighbour pointed to me to go into Pheasant-court, and I found the prisoner in the privy of a house there, in the back-yard—I am positive he is the person—his breeches were down in the privy—he seemed much agitated.
Prisoner. When he came into the water-closet he said, "Give me the pistols you stole from my shop"—I said, "I know nothing of it"—he said, "You have got them," and made me get up—he said, "I am pretty near certain it is you"—he looked about, and could not find them, and presently a boy brought them to him. Witness. I said, "Halloa, I have got you now; what have you done with my pistols?" but I had seen him drop them in Brooke-street, as I thought; I know he dropped something.
HENRY WHITE . I live in Bath-street, Islington. I was in Holborn, and saw the prosecutor running after the prisoner—he ran to the bottom of Brooke-street—I picked up a pair of pistols in Brooke-street.
Prisoner. Q. Are you sure you saw me run? A. Yes—I did not see him in Brook-street—he passed me in Gray's Inn-lane—I am quite sure he is the person—I saw his face—I did not see him drop them.
BENJAMIN PHILLIPS . I am a policeman. I heard a cry of "Stop thief"—I saw the witness White with the pistols in his hand—I went through Fox-court—the prosecutor beckoned to me in Pheasant-court, where I found the prisoner.
Prisoner's Defence. As I was coming from Somers-town, I was taken short, and asked a man where I might go; he said I might go there; I had been there four or five minutes, when the prosecutor came in, and said I had stolen his pistols—I stopped while he went to the top of the court to call the policeman.
GEORGE WHEATLEY re-examined. As there was no thoroughfare in the court, I ran up to call a policeman—the man next door came out—I said, "Take care that he don't go, while I fetch a policeman"—these are my pistols.
GUILTY . Aged 18.— Confined Three Months.
Before Mr. Baron Gurney.
CATHERINE KILLDUFF . I live at Islington. On Christmas-day I took my dinner to Mr. Gibson's to be baked—it was six pounds and a half of the flank of beef, and seven pounds of potatoes, in a round brown dish—when I went to fetch it it was gone—I have never seen it since.
WILLIAM THOMAS GIBSON . I assist my father, James Gibson, who is a baker. On Christmas-day the prisoner came, at the time of delivering the baking—he did not ask for any particular dish, but stood there—the man asked him what he had brought—he said, "I brought it, that is it," pointing to a round dish of flank of beef and potatoes—it was put on the board, and he took it—I am sure he had not brought any thing—I had not seen him—I knew him before about the neighbourhood—Mrs. Killduff afterwards came, and her meat was not to be found—I did not lose any other joint that day.
WILLIAM CHING (police-constable N 300.) Between three and four o'clock in the afternoon of Christmas-day, the prosecutor came to me, and I went in search of the prisoner—I found him standing at the top of Rose and Crown-court, where he lives—the moment he saw me, he turned round, and ran away—I lost him, and saw no more of him till he was in custody of another constable.
Prisoner. I was not at the court that day. Witness. I am positive of him—I was within a hundred yards of him—I knew him well before.
Prisoner. He has known me a long time about Islington; I am not a bad character. Witness. He was here in November last, and acquitted.
Prisoner's Defence. I was not at home that day; I work hard for my living.
GUILTY .† Aged 18.— Confined Four Months.
Before Mr. Baron Maule.
GEORGE JOHN POUCHEE . I am a stationer, and live in Percy-street Tottenham Court-road—the prisoner was in my service for about a week before the 6th of December, as errand-boy—I sent him out with goods, and bills with them, with authority to receive the money for them—on the 14th of December, I sent him to Mrs. Peel's, in Woburn-square, with stationery articles, and a bill for 6s., which is here—he never accounted to me for the money—on the 6th of December I sent him to Mr. Dolling's with goods, and a bill for 8s. 3d.—he never accounted to me for that—on the 16th of December, I sent him to Blomberg and Co.'s, in St. Paul's Church-yard, with goods, and a bill for 24s.—he did not account to me for that—on the 17th I asked him if he had received the money from Barron, Blomberg and Co.—he said he had not—I questioned him very closely—he still persisted he had not received it—I saw him that evening, in the presence of his father, about ten o'clock—his father and I searched him together—we found in the foot of one of his stockings a five shilling piece and a half-sovereign—he said at first he had lost part of the money, and intended to save up his money till he could pay it to me—he afterwards said he met a boy who was in distress, and gave him some of the money—he had received various sums for me—it was his duty to account to me immediately he returned.
CHARLES STEPHEN LANE . I am clerk to Barron, Blomberg and Co., of St. Paul's Church-yard. On the 16th of December some envelopes were brought—the bill was brought to me by a boy, and I paid the amount to the boy who brought it, 23s., deducting 1s. discount.
WILLIAM DOLLING . I deal with Mr. Pouchee, and live at Maida-hill. On the 6th of December a boy brought some envelopes—I paid him 8s. 3d.—I cannot say whether it was the prisoner—I believe him to be the boy.
JANE CAKEBREAD . I live with Mrs. Peel, in Woburn-square. On the 14th of December I received some envelopes, which were brought from Mr. Pouchee's, and paid 6s. for them, to a boy like the prisoner—I think it was him—this is the bill.
THOMAS LANE (police-constable E 52.) On the 18th of December the prisoner was given into my custody—I said nothing to induce him to make a statement—he said, in my presence, that he had received the money from Dolling—his master asked what he had done with the money—he said he had bought a great-coat with the money he received from Dolling.
MR. POUCHEE re-examined. I know the prisoner had a new great-coat—his father is a very respectable man.
Prisoner. If you will forgive me this once, I will never come before you again.
GUILTY. Aged 13.—Recommended to mercy. Confined Two Months, and Whipped.
Before Mr. Baron Gurney.
the afternoon, I was in the harness-room, and heard a noise on the roof—I went up, and saw the prisoner in a stooping position in the gutter—he saw me, and got over the coping, and dropped into the yard—I got over myself, took hold of him, and held him till a policeman came—I asked what business be had there—he did not answer at first, but afterwards said he had gone there for something that was thrown there—I asked him for what—he would not satisfy me—I gave him in charge, got a light, went on the roof, and where I had found him, I found a piece of lead cut off the gutter, and rolled up—it was fresh cut—I then held him while the policeman went up to get it.
Prisoner's Defence. I went up for my cap.
GUILTY .* Aged 19.— Confined Twelve Months.
Before Mr. Baron Maule.
542. CHARLOTTE BOUNDS was indicted for stealing, on the 19th of December, 6 napkins, value 5s.; 1 cap, value 7s.; 1 pillow-case, value 6d.; 1 towel, value 6d.; and 1 handkerchief, value 6d.; the goods of James Bradburn, her master.
JAMES BRADBURN . I am an engineer, and live at No. 23, Great North-street, Lisson-grove; my wife was lying-in, and the prisoner nursed her. On Thursday, the 16th of December, she' came and staid till Saturday, the 18th, and then left—she was. paid 2s. for her services—on Monday, the 20th, twelve napkins, a gown, a petticoat, a cap, and two pillow-cases were missed—I had seen the napkins and gown safe on the Friday, the 17th—the napkins were in a drawer, and the-gown on the drawers—on Wednesday evening, the 22nd, I went to No. 57, Salisbury-street, where the prisoner lives—as soon as she saw me she said, "I suppose you have come about those things?"—I said, "Yes"—she said, "The things shall be all right to-morrow morning, if you will say nothing about it, if you will forgive me"—I said I should not forgive her longer than till I could see a policeman, and I gave her in charge.
Cross-examined by MR. BALLANTINE. Q. What is the value of the articles? A. About 12s.
WILLIAM JOKES (police-constable D 59.) The prosecutor gave the prisoner into my charge—she said they would be all right in the morning, that they were not at a pawnbroker's—I found some napkins at a marine-store dealer's in Hatton-street, on the 23rd.
ELIZABETH SAMMY . My husband keeps a marine-store shop. On the 18th of December, the prisoner came to look at a pair of second-hand shoes—she had a few things in her hand, and asked permission to leave them for a few minutes, and said she was going to get them washed—she did not come for them again, and I gave them to the policeman—it was six napkins—I believe those now produced are them—I did not open them till the policeman came—one of them appears to have been used.
Cross-examined. Q. Had you known the prisoner before? A. Yes, for nearly twelve months—I never heard any thing against her.
(The prisoner received a good character.)
GUILTY. Aged 36.—Recommended to mercy.— Confined Two Months.
Before Mr. Baron Gurney.
JAMES CLIFFORD (police-constable E 94.) On Saturday morning, the 12th of December, at a quarter-past six o'clock, I saw the two prisoners first in George-yard, Golden-lane, talking together just in the yard—I saw them again at halt-past seven in George-yard—Kelly was at the corner, and Holmes about two yards behind him, with a bundle on his head—they appeared to be coming together—I knew that Kelly lived in George-yard—on seeing me he turned his head and spoke to Holmes, who immediately ran back—I ran after him, and caught him in the act of running into Kelly's house—I saw the bundle was lead, and asked how he came by that lead—he made no answer, and I took him into custody—by that time Kelly had disappeared—I saw him at two o'clock the same day in Angel-court—he ran away—I saw him again on Monday evening in Brackley-street, and told him the charge—he said he knew nothing of it—I asked why he went away when he saw me take Holmes into custody—he said because I should not have him as a witness against him—I asked if he knew Holmes—he said he did not—the houses on each side Kelly's house were empty—I examined the roofs of those houses, and found a great quantity of lead missing from each one belonging to Mr. Leage—I fitted the lead I found to No.45, Golden-lane, which is a public-house—the lead I found in the bundle was 68lbs.—there was a great deal more missing—the doors and windows of the house were broken open.
RICHARD LEAGE . I own one of the houses next to Kelly's, as agent—it is in my possession—I have the letting of it, and receive the rents—I have examined the roof, and missed about 2cwt. of lead in all—I saw this piece of lead among what was found fitted to it, and it fitted—the holes corresponded exactly—I am certain it was taken from that place.
Holmes's Defence. I was coming up the corner of George-yard, and met a man, who asked if I wanted a job. I said I did; he gave me the lead to carry down to the bottom of Golden-lane; he put it on my head. I turned round to look for him—he was gone, and the policeman took me. Kelly's Defence. Coming down George-yard, I saw another man give him a bundle. I did not know what was in it. I was going to get some tobacco, but the shop was not open. I came and stood at the corner of George-yard. The policeman passed by, ran after Holmes, and caught him.
(Kelly received a good character.)
HOLMES— GUILTY . Aged 20.— Transported for Seven Years.
KELLY- GUILTY . Aged 20.— Confined Six Months.
JAMES CLIFFORD . I am a policeman. I saw the prisoners on the morning of the 12th of December, talking together at the end of the court, and again at half-past seven o'clock—Kelly was coming out of the court, and Holmes was two yards behind him—on seeing me, Kelly turned round and spoke to Holmes, who ran away—I pursued, and caught him running into Kelly's house—I found on him a quantity of lead, part of which I
now produce—the other part was produced at the last trial—this quantity of lead I fitted to the other house—it is 24lbs.—it corresponded with the house—I took Kelly next day.
(Margaret Donoghue being called did not appear,)
THOMAS HODGES . One of the houses next to Kelly's belonged to me and others, but I am the householder—I compared the lead produced—it fitted where it was cut from at the nail holes, and where it was torn off.
HOLMES.***— GUILTY . Aged 20.— Transported for Seven Years more.
KELLY— GUILTY . Aged 20.— Confined Six Months more.
Before Mr. Baron Maule.
AMELIA SPIERS . I am a servant out of place; I have been living at Camden Town for two months, and left my place last Thursday; I now live in Tottenham-place, Tottenham-court-road. On Sunday evening I bad been into the City to see a few friends, who I lodged with when I came up to London, and was returning home at eleven o'clock in the evening—I saw a man in Tottenham-court-road, and asked him what the time was—he told me—while I was talking to him, a man came up with some tarts for sale—I bought one of him for 1d., which I took from my pocket—I did not take more money out—I had five shillings and two sixpences loose in my pocket—I felt it when I took out the penny-piece—I had more half-pence there—I asked the man who told me the time if he would take a little of my tart—I had began to eat it—he refused, and offered to treat me to something to drink for my kindness—he was a respectable looking nan—I refused to have any thing to drink, and in the meantime the prisoner came up—she was dressed as she is now, only with a bonnet on—she shook hands with the man—he asked her to go and have something to drink, and told her he had been asking me, and I had refused—she said, "Come along, my dear, I will see you are righted"—I did not understand what that meant—I went with her to a public-house in Tottenham-court-road—I do not know the name of it—we had a quartern of rum there, a glass each—we then came out, and I found the rum took an effect on me—it rather overcame me, not being used to it—I had not drank any thing more in the course of the day—I was turning to go home, which was not far from there, and the prisoner called me—I was very cold at the time, and asked if I could go any where to warm myself—I did not know whether there would be a fire at my lodging—I lodge with another female—the prisoner called me and said she would take me to warm myself—I went with her and the man into another public-house—I do not know the name of the street—they took me down two or three streets—there was a fire there, but we did not go to warm ourselves—they had a quartern of rum, and asked me to take some, but I did not—they drank it—I drank nothing there—we came out, and I asked the prisoner to direct me to Tottenham-court-road—she said, "Yes, come with me, I will take you there"—the man said he was going to a friend's house, and we were to go together—we all three went together—they took me down a street, knocked at a door, and a widow came to the door—the prisoner said, "I shan't go in, you shall go in, you will get op better than me, I will wait"—I did not know
what she meant—I and the man went into the passage, and the man was talking to the woman—she wanted 18d. of him, and he would only give a 1s.—they talked about a room, and when I heard that I thought it was a disreputable house, and I returned out—the man followed me out, and immediately I got out I met the prisoner, but I never saw the man again—I told the prisoner I was very cold, and asked her if she could take me somewhere to warm myself, or tell me my right road—she said, "Come with me and I will," and in the meantime I searched my pocket—my money was quite safe—we were walking down the street, and I felt her hand in my pocket—I am a stranger in London—I have only been here two months—I came from Gloucester—I am twenty-two years old—I lived with Madame Niblet, at Gloucester, two years and a half.
Q. How came you to go with the prisoner after her taking you to a disreputable house? A. I did not know my way—she was to show me my way to my lodging—I told her about the house being disreputable—she said, "I thought you would get on better than me; I thought you would have had half-a-sovereign of him; he is a man of plenty of money, and I know him very well"—I said I was very sorry, because I did not know any thing about the man, nor her either, and asked if she would put me in my way home—when I found her hand in my pocket I stopped at the door of a house, and accused her of it—she said she had no money at all—I sat down there—nothing was the matter with me then—the rum only overcame me just as I took it—I searched for my money, and told her she must have picked my pocket—she said she had no money at all—I missed my handkerchief off my neck—it had been only just put on and tied in one how—she said she had not seen it—I missed all my money, halfpence and all—I had nothing left in my pocket but a pen-knife and key—after I found my pocket picked I told her I was very cold, and asked her to take me somewhere to warm myself—she said she had no money, or she would take me to a coffee-shop—a policeman then came up—the prisoner said she would not believe I had lost my money, and she wished to search my pocket before the policeman—she did search, and did not find my money—I accused her of robbing me when the policeman came up—he asked her about it, and she said she had no money at all, he was quite welcome to take her—the policeman took us both to the station, and when she was warming herself there I saw my handkerchief round her neck—that was when she was going to be searched—I told the policeman it was my handkerchief—she said nothing—she went out of the station to be searched, and when she came back she had it still on her neck—I told her it was mine, and she said it was hers—this now produced is it—I had only had it three days—I gave 8d. for it in Tottenham-court-road—I am quite sure it is the same—it is not marked.
Prisoner. I deny a great deal of it; she says it was eleven o'clock; it was just ten minutes to twelve when I saw her and the man talking together. I knew the man by sight, and he asked me to go and have the rum. The prosecutrix and I were both tipsy—I left her talking to the man: she proposed going into the house with him, and said, "If I get half-a-sovereign, I will give you half of it."
Witness. It is very wrong—the prisoner did not appear tipsy when I met her, nor afterwards—I was not locked out of my lodging—I had the key to get into the house—I never saw the prisoner before—I never said any thing about half-a-sovereign to her—she said, "You ought to have got
half-a-sovereign out of him"—I understood what that meant, and I told her I did not know but it was a respectable house—the man had not said any thing to me before I went in; but, speaking to the woman as he did, I thought it was a disreputable house, and turned out—I thought I was going to warm myself, I did not know he wanted any thing improper—I did Dot suspect any thing of the sort till then—I am not often out at late as that, and was never spoken to so before.
JAMES BRIGGS (police-constable E 26.) About two o'clock, last Tuesday morning, I saw the prosecutrix standing against the door of No. 10, Upper Cleveland-street, New-road, and the prisoner with her hand underneath the prosecutrix's gown—I went up to them—the prosecutrix said the prisoner had robbed her of 6s.—the prisoner said she had no money about her, nor the prosecutrix either, and asked if she might search the prosecutrix's pockets in my presence—she did so, and took a pen-knife and a key from her pocket—the prisoner asked me if I could tell her where she could take the prosecutrix to warm herself—I said I could not—she said the prosecutrix had no money; if she had, she would take her to a coffee-shop in the New-road—I took them both to the station, and there the prisoner said she had 3s. 6d. in her pocket, and that was all the money she had about her—they both appeared to be quite sober—the prisoner was taken into another room to be searched, and when she came out the prosecutrix said she had got her handkerchief on her neck—I took it off her neck, and the prisoner said it was hers, that she picked it up.
Prisoner. I deny having my hand in her pocket when you came up. Witness. I did not say in her pocket, I said under her gown.
ELIZABETH CHAPMAN . I am the wife of Edward Chapman. I was employed to search the prisoner—we were in a room by ourselves. I polled off all her things—I found in her pocket two shillings, two sixpences, two penny-pieces, and a halfpenny, and in her hand under her mil she had 1s., which she laid on a bench, and I took it up—the handkerchief which the prosecutrix owned, she had round her neck—I did not take that from her—when she put on her things again, I handed her her shawl to put on, and she said she would tie the handkerchief under her shawl—I let her do so, as she asked in a careless sort of way, and it was the natural way in which a woman would put it.
Prisoner's Defence. The money in my pocket belonged to my husband.
GUILTY . Aged 37.— Confined Three Months.
Before Mr. Baron Gurney.
WILLIAM OLDRIDGE . I am the son of James Oldridge, who keeps a chandler's-shop in Ogle-street. On Monday, the 27th of December, the prisoner came to the shop, in company with a man and woman, between nine and ten o'clock in the evening—my father gave them a glass of gin each—while the prisoner was there I saw her make a kind of shuffle with her cloak—after they were gone I missed a piece of bacon—I went with my father, and found them both at the Sir Isaac Newton public-house—we called the other woman out first, and she called the prisoner out—I told her we had missed the bacon from the shop, and I did not wish to hurt her,
but would she be kind enough to let me see if she had it—she said she had not got it—she threw up her right arm, it was not there—I said, "Let me see under your other arm"—she said she had not got it, but I pulled it out from under her left arm—it was what I had missed—it weighed nearly 4lbs.
Prisoner's Defence. I had been to different places, and all the tradesmen gave me drink—I went to a woman I had washed for—she took me to a public-house, and there they gave me some brandy—she then took me to the prosecutor's house—I do not recollect his giving me anything, or what happened in his house.
(The prisoner received a good character.)
GUILTY . Aged 43.— Confined Two Months.
Before Mr. Baron Gurney.
JAMES STILLWELL . I am the son of James Stillwell, a silk-manufacturer in White Lion-street, Norton Falgate. On the 1st of January, between twelve and one o'clock at noon, I was leaving our warehouse on the ground-floor going through a passage into our back premises, and met the prisoner at the bottom of the stair-case—she had just come off the stairs—she had something in her apron—I asked what she had—she made no answer—I would not allow her to go till she showed me what she had got, and she produced the coat out of her apron—it was my brother Edward's coat—it had been hanging on a rail on the first-floor landing—the prisoner told me she had been up stairs to apply for work from Mr. Wilson's, who is our next door neighbour, and that her husband had worked for the firm—I sent for Mr. Phillips, one of the firm, who said he did not know her, and I gave her in charge—this is my brother's coat—(produced.)
Prisoner's Defence. The coat was given to me by a woman who came from the first-floor and asked me if I would hold it for a few minutes—I went into the warehouse, and did not see the place where I was to be served—a gentleman came out at the side-door and asked what I wanted—I said I had made bold to call to ask for work—he asked what I had got—I said a coat which a woman had given me to hold.
(The prisoner received a good character.)
GUILTY . Aged 51.— Confined Two Months.
Before Mr. Baron Gurney.
prisoner brought these thirty-four tin coffin-plates, and offered them for sale for 14d.—I asked how he came by them—he said a boy gave them to him to sell—I told him to go and fetch the boy—he went out, and in a few minutes brought a boy in—I said to him, "My lad, are these plates yours?"—the boy hardly knew what to say, at last he said, "Yes"—I said, "Where do you live?"—he said, "No. 7, Crosby-buildings, Norfolk-place, Curtain-road," and the prisoner said he lived at No. 4, in the same place—I told the lad to bring his father—he said, "My father won't be home before nine o'clock"—I said, "Very well"—they both went away together, and never returned—the boy was to bring his father down, but never did so—I gave information to Dewer the policeman, and handed the plates over to him.
GEORGE DEWER . I am a policeman. I received the plates from Mr. Varnham, made inquiries for the owner, found the prosecutor, and showed them to him—I took the prisoner before I received the plates—I had beard of the plates before I received them.
JAMES KNIGHT . I am an undertaker. I know these plates—they are worth 6s. 6d.—my mark is on the paper they were wrapped in—I had not missed them before the policeman brought them—they were kept on the top of a chest of drawers in the shop—there was a window broken, and they had knocked more of the glass out—they could be taken from the outside—a tall person could reach them—I do not believe a boy of the prisoner's size could with his hand—he might have got a stick and reached them—it could be done with a stick—I had seen them safe about four o'clock on Friday.
Prisoner's Defence. I was coming home from my work down the Curtain-road, and saw a boy who asked me if I knew where he could sell these plates—I said I did not know exactly—he said if I would sell them, all I got above 1s. I should have—I took them to this shop and said a boy had given them to me to sell, and that they belonged to his father, who was a carpenter—I took the boy in, and he said the same, and that he would fetch his father—I thought he would—I did not know it was a lie—they came to me on Friday night and asked if I knew where the boy lived—I said I did not, and then they came on Sunday and took me.
NOT GUILTY .
Before Mr. Baron Maule,
ELLEN NEETON . I am single, and am a servant at No. 89, Brunswick-square. Last Sunday evening, about a quarter to nine o'clock, I was returning from John-street chapel, Bedford-row, and passing the Foundling-hospital, I felt my watch taken out of my pocket—there was no crowd—I was not aware that any one was near me till I felt it go suddenly—I directly turned round, and saw a boy and a man behind me—I caught the boy, and asked him what he had got—he directly turned round to the man, and spoke to him—I let go of the boy to convince myself that the watch was gone, and while I did that they both ran up Lansdown-place, which leads by the side of the Foundling-hospital to Brunswick-square—I followed, calling "Stop thief—I lost sight of them—the man was caught in Grenville-street, which goes from Brunswick-square to Guildford-street
—he was caught near the Guildford-street end—when I came up, a number of people had the prisoner in custody—he is the man who was with the boy that took my watch—I am sure of that—when I got up to the crowd, I asked if they had got the boy as well as the man, because the boy took my watch (I had seen the boy at my pocket—I stopped him directly, and asked what he had got—he directly turned round to the prisoner and spoke to him—the prisoner was quite close to the boy, they could touch one another—the boy was not taken) the prisoner was taken to the station—I went with him and saw him searched—a gold watch and chain, some gold rings, and some silver was found on him—my watch was a silver one, and had an old black ribbon to it and a key—I saw it next morning at the station—this is the watch-ribbon and key, now produced—I have had the watch ten or twelve years—it is worth 80s.—I bought it myself for two guineas second-hand—I said the prisoner was the man when I first went to the station—I had no doubt about him—I went home to my master and told him about it—I was afraid to stop any longer for fear of offending my master—before I charged the prisoner I went home and told my master what had happened, and excused myself for being out so late, as he knew chapel was over—my master went back with me to the station, and I charged the prisoner.
Cross-examined by MR. PHILLIPS. Q. Had you ever seen the person you suppose to be the man before? A. No—I felt agitated when I got to the station—I felt confident the prisoner was the man, but I did not say so at the time—I did not say anything—I felt confused—about twenty persons were assembled when the prisoner was taken—I had never seen the boy before—I think I should know him—I looked at them both.
Q. How long altogether might this take, from the time your watch was pulled out of your pocket till they ran away? A. A very few minutes, because I caught the boy—he did not struggle with me—he was very quiet indeed—he took no notice of what I said or did, but turned round to the prisoner and spoke to him—no violence was used towards me at any time, nor any attempt to injure or strike me.
COURT. Q. What light was there for you to see these persons? A. One of the Foundling-hospital lamps, which is a very clear large lamp—this happened between the two lamps of the further gate from here, by the corner of the pavement, by the side of the hackney-coaches, just where the curb-stone goes round.
MR. PHILLIPS. Q. Before you charged the prisoner, did not a policeman say, "As sure as fate he is guilty?" A. I do not recollect that—I did not hear any expression of the kind—my master is not here—I do not recollect my master asking the policeman's opinion whether he thought the charge ought to be made or not, and the policeman answering, "As sure as fate he is guilty."
JOHN CAYFORD (police-constable E 97.) Last Sunday evening I was in Guildford-street, going towards Russell-square—I was in that part of Guildford-street, which is between the end of Lansdown-place and Grenville-street—I heard a cry of "Stop thief" behind me, turned round, and saw the prisoner running towards me—as soon as he came to the corner of Lansdown-place he took to the right by the inclosure—I kept on by the side of the buildings, but finding he gained ground of me, I called "Stop thief," expecting my brother-constable would hear me—I saw my brother-constable about the middle of the square—he held out his arms to stop the prisoner, and when he came near him the prisoner held up his
arms towards the inclosure, and ran on towards Grenville-street—I pursued, and gained ground on him, but my brother-constable caught him first and stopped him—I searched him at the station and found a gold witch on him—he was asked his name and address but would not give it.
Cross-examined by MR. CLARKSON. Q. They offered to make no charge against him if he would, did they not? A. I did not hear that—I was at the station when the prosecutrix first came there—she was asked if she would give him in charge—she said she wished to see her master—I did not hear her say she did not know, she could not say, nor that she did not know whether she would give him in charge or not—she said the wanted to see her master, and know whether he would be angry about her loss of time—she was asked at the station whether she would give him in charge, and we could get nothing more out of her but that she wished to see her master—I was not at the station when she came with her master—I left the station—I saw her master in the charge-room about a quarter of an hour after—I was present when the prisoner was asked his name and address—the prosecutrix's master did not ask, the opinion of any of the officers about it while I was there, nor did I hear any officer say, "I can give no opinion, but as safe as the day he is guilty"—I was not there the whole of the time—I did not hear that said.
THOMAS SHIELDS (police-constable E 69.) I was in Brunswick-square on Sunday evening, a little before nine o'clock, and heard a cry of "Stop thief"—on turning round I saw the prisoner running—I went up to him and endeavoured to take him—as I was going to take hold of him, both his hands flew up, as I thought, to strike me—his hands were inclining towards the railing of the inclosure—there is a small foot-pavement by the railing, and he was close to the curb, about two or three feet from the railing, merely the breadth of the pavement—he immediately altered his course, turned, and ran into Grenville-street—I pursued and took him at the end of Grenville-street, near Guildford-street—he was nearly out of breath at the time, and when he spoke he said, "What do you stop me for?"—I held him, and in a few minutes Cayford came up with the prosecutrix—we then took him to the station and searched him—I took from him a gold watch, some gold rings, and other articles, which have since been given up—at the station he refused to give his name and address.
Cross-examined by MR. PHILLIPS. Q. Were you at the station when the prosecutrix's master came? A. I was—I did not hear him ask the inspector's opinion whether he should press the charge or not—she pressed the charge when her master came—the inspector and her master spoke together before she pressed the charge, but I did not hear that said, nor did I hear any one say, "As sure as fate he is guilty," or any thing of the kind, and I was in the charge-room a good while—when I stopped the prisoner, the prosecutrix and the other officer came up, and the persons who heard the cry of "Stop thief "—there might have been forty persons—I do not recollect the prosecutrix coming back to the station more than twice—I will not swear she did not leave and come back a second time without her master, and then go and return with her master.
ROBERT LAY (police-constable E 44.) I found this watch, ribbon, and key between two and three yards within the inclosure in Brunswick-square about two o'clock last Monday morning—I took a lantern to look for it.
(Witnesses for the Defence.)
EDWARD JONES . I am a hatter, and live at No. 31, Gray-street, Black friars-road. I have known the prisoner above ten months—he was in my employ eight months, and left two months ago owing to the slackness of business—his character was everything one man could wish to see in another.
JURY. Q. Do you know whether he ever had a gold watch in his possession? A. I have seen a gold watch in his possession, and a ring on his finger.
THOMAS FOX . I am a carman, and live in Alfred-place, Old Kent-road. I have known the prisoner two years—he lodged with me ten or twelve months, and left me last February, but I have known him since—he always behaved respectfully—there was property of mine which he could have taken.
COURT. Q. Did you notice, during your acquaintance with him, whether he used a gold watch? A. He had not one then, but he had some money left him by a friend, which enabled him to establish a business.
(William Newton, a tailor, of Fitzroy-place, Southwark-bridge-road, also deposed to the prisoner's good character.)
GUILTY . Aged 25.— Transported for Ten Years.
Fourth Jury, before Mr. Recorder.
550. GEORGE DAVIS was indicted for stealing, on the 2nd of January, 8lbs. weight of mutton, value 5s. 4d.; 21/4lbs. weight of butter, value 2s. 5d.; and 1/2 lb. weight of cheese, value 3d.; the goods of Thomas Edwards Dwelly.
ELIZA CRONK . I am servant to Thomas Edwards Dwelly, of No. 11, King-street, Chelsea. On Saturday night the 1st of January, I fastened the safe in the front area—there was a leg of mutton, some butter, and cheese here, which I saw safe at twelve o'clock at night—I missed them next morning.
JOHN CANNEY (police-constable B 184.) On Sunday, the 2nd of January, about a quarter before nine o'clock in the morning, I found the prisoner in an unfinished building in the Fulham-road—he had a bag with some things in it—I asked what he had got—he said some cheese—I went into the building, looked into his bag, and found a leg of mutton and some butter—I asked where he brought it from—he said No. 14, Chapel-place, and he was going to Bayswater—I said he was going the wrong way to Bayswater from Chapel-place—he said it was not exactly Bayswater, but Notting-hill—he afterwards said he had found the articles in the unfinished building—I have the things here.
Cross-examined by MR. PRENDERGAST. Q. Where was he in the building? A. The foundation of the building was cut out, and the front wall was partly built—he was behind a wall which is about six or seven feet high—as I went by one of the openings intended for the window I saw him stooping, apparently regulating the things in the bag—there was something out of the bag—it was about a quarter before nine—he was about a quarter of a mile from the prosecutor's—the mutton was not cooked.
Cross-examined. Q. What time did you get up in the morning? A. At seven o'clock—I missed it at eight—it might be gone before seven for all I know.
HENRY SAUNDERS (police-constable B 159.) On the night of the 1st of January my beat was in Brompton-square—I saw the prisoner and two others come along the Brompton-road, exactly at a quarter before two o'clock—it is about a quarter of a mile from the prosecutor's premises—they were going towards North-street, where the prisoner lives, and which is about a mile from the prosecutor's.
JURY. Q. What made you take particular notice of him? A. Because I went to his house only a night or two before, on suspicion of his stealing cheese—I swear he is the man—he was not dressed as he is now—he had on a fustian, or cord jacket, I cannot say which—I knew him previously—when I saw him at the shop the cheese was stolen from, he was in a fustian or cord jacket, and when I searched his room afterwards he had on the coat he has now—I am certain he is the man I saw at the shop—he put on that coat when he came out of bed—I found a cord or fustian cost in his room—there was some belonged to lodgers.
Cross-examined. Q. What did you find in the room? A. His jacket, and a cap which he wore—there was another person in the room—I cannot swear whether the jacket was worn by the other person, but I saw the prisoner with the jacket on—I will not swear the other did not wear the jacket—I will not swear that the prisoner wore it, I saw him in it—I believe a witness is coming up to prove that the prisoner was not out after a certain hour—I heard so at Queen-square—the woman came there to give evidence in the prisoner's favour—the Magistrate told her to give her evidence before the Jury—I heard her give her evidence before the Magistrate—I told him it could not be true—I was not "sworn or bound over—I told the Magistrate what I had seen—another officer has subpoenaed me—I am certain the prisoner is the man, because, having suspicion of his stealing the cheese the night before, I noticed them, and saw them all coming along, and he had stated the night before that he was always in about half-past ten o'clock, and always to be found—the prisoner did not say so, bat one of the others—I was subpoenaed yesterday morning—the subpoena was brought to me by a policeman—I did not ask my brother officer to subpoena me—he did not ask me to come, and I had not the least idea I was coming—the prisoner was not brought to the police-office on the former charge—I did not take him up—he was not charged with this or any other offence that I know of—I never knew him in custody for any offence.
(Witnesses for the Defence.)
ANN JONES . I live with the prisoner's mother, in North-street, Chelsea. On the Saturday night before he was taken up he went out, after tea—when he came in he took a candle and went to bed—Mrs. Davis asked me to go up stairs, to get something out of a closet in his room—he was then in bed—I said, "You are in bed," and he said, "I am—I said, "Why did not you draw up the clock?"—he said he did not know it wanted it—I drew up the clock and shut the door, and he was not out any more till a quarter or twenty minutes after eight o'clock—he generally took a walk on Sunday morning, and I saw him going out at the front door, as I was in the kitchen—it was half-past ten when I drew up the clock.
COURT. Q. How do you know he was not out long before eight o'clock and had come back? A. He never was out of the house—I do not sleep in the same room, but if any body opens or shuts the door I could hear them—there is another lodger in the prisoner's room, but he does not come home on Saturday nights—he had not been home that night.
---- DAVIS. The prisoner is my son, by a former husband. I did not know of his being apprehended till the policemen came—I asked them what he was charged with, but they would not tell me—I went to Queen-square, but was not asked any thing—I am quite sure he was at home by ten o'clock on this night—he was in the kitchen—he took a candle, and went up to bed—after that I sent Ann Jones up to a closet in his room—I did not go into his bed-room, but I saw him go out a little after eight o'clock in the morning—I got up to see who it was going out, and it was him.
COURT. Q. How do you know he was not out in the night? A. I was up till one o'clock in the morning—I have often something to keep me up on Saturday night—if he had gone out after one o'clock I should have heard the door open—there are five rooms and a kitchen in the house—my young man lodger came home that night—he was there that night—he does not sleep with the prisoner, but in a little room opposite—there is another young man, who slept with my son, but he was not at home that night—he very often stopped out on Saturday night—I live at No. 9, North-street, not No. 14, Chapel-place—the officer never came to my house about any cheese.
HENRY SAUNDERS re-examined. When I went to the house in North-street, where the prisoner lived, I went into the room, and looked all over it—he got up and dressed himself—I did not see Mrs. Davis there—I did not see any women—there was a single young man lodger—it was a five or six-roomed house.
JAMES WHITTINGTON . I lodged at Mrs. Davis's better than twelve months. I have known the prisoner eighteen months—he worked with me as a stone-mason—I never knew any thing against him—I live in the room opposite him—I do not remember any body coming there about a cheese—on the 1st of January I came home about eleven o'clock—I had a key to let myself in—I might or not be heard to come in—I do not know whether Mrs. Davis was up.
MRS. JONES re-examined. I saw him go out, and there is another door to go out of—nobody could go out without being heard—it is a spring door—they must be heard, the door makes such a noise—I heard the lodger come in overnight—the bed-room door was open when I went up stairs—it was not wide open, but not locked.
ELIZA CRONK re-examined. This bag does not belong to the prosecutor—I went into the area at seven o'clock—I had shut the cellar-door at night when I went to bed, and when I came down, at seven o'clock in the morning, the cellar-door was open, and there were finger marks on it.
GUILTY . Aged 20.— Confined Six Months.
CHARLOTTE RAYMOND . Some people came to our house for the dust on Saturday evening—I had a frock, belonging to my sister Betsy, in the yard, drying—the policeman afterwards showed it to me—I saw the prisoner in the yard, taking the dust out—I did not speak to him—the frock was hanging on a railing, about a yard from the dust-hole.
RICHARD MOSS (police-constable G 195.) I stopped the prisoner on Saturday evening, between five and six o'clock—he was standing at the door of the Bell public-house, King's-cross, about a quarter of a mile from the prosecutor's, offering to sell this frock to a woman for 1s.—it was wet—I asked where he got it—he said, "From No. 7, Somers-town"—I asked him who from—he said he could not tell me—he afterwards said it was given to him.
Prisoner. Q. Did not I say, as I was taking the dust out, it was given to me? A. No, you said it was given you at No. 7, Somers-town, but when, you could not tell.
Prisoner. When she was in the yard, she said it was chucked down in the dust; she said, "You may take it." Witness. I did not speak to him. GUILTY.— Confined One Month.
MR. PAYNE conducted the Prosecution.
WILLIAM LOADEN . I am a solicitor, and carry on business in Great James-street, Bedford-row. I had a communication with the prisoner on the subject of some varnish which belonged to Mr. William Montgomery—I had no authority from Mr. Montgomery to part with the varnish—I ultimately sold the prisoner 197 gallons of it, on a 50l. bill drawn by one John Carr on a person named Barnes, accepted by Barnes, endorsed by Carr, to one Gabriel, from Gabriel to the prisoner, and from the prisoner to Mr. William Montgomery, and the sum of 28l. 2l. 6d. on his own promissory note, and 36l. to be paid in cash—that was the final arrangement—what took place between the prisoner and me was before that—I gave a delivery order for the goods on the second communication on that day—the prisoner was to have the goods on the morning of the 8th, if he paid 36l. in money on the evening of the 7th, and on that I directed Mr. Scott Montgomery to deliver him the varnish—the order to deliver was not in writing, but verbal—there was no order in writing delivered to Mr. Scott Montgomery—I delivered a list of the goods to him, and told him to deliver those goods that were put in the list—that passed in the prisoner's presence—the prisoner did not pay me the 36l. on the evening of the 7th—I have got a 36l. cheque here.
Cross-examined by MR. CLARKSON. Q. Were you Mr. William Montgomery's attorney? A. Yes—he is now in Ireland—he must be aware of this prosecution—I have written to him upon it—I have not mentioned to him any thing about prosecuting the prisoner this Session—I have written to acquaint him with the proceedings—I have told him I had taken him before a Magistrate, because I have written to him since he was before the Magistrate—I have made known to him that this prosecution was instituted—it
is his varnish, and only his—I know his handwriting—(looking at a paper)—this is his writing—it begins, "Mr. Price Humphreys bought of Field and Montgomery."
Q. Do you, then, mean to represent that this is Mr. William Montgomery's property? A. Yes; not Field and Montgomery's—Field was a former partner of Mr. Montgomery's—this purports to be a bill of parcels of 197 gallons of varnish, making Price Humphreys debtor, and Field and Montgomery creditors—that is not the price of the goods I have mentioned—this is 114lbs. at 2s. 6d., and the amount here is 123l. 2s. 6d.—I have seen this paper before—these are my figures on it—I saw this for the first time on the morning of the 7th—I saw Mr. William Montgomery on this subject about ten days or a fortnight before the 7th—I saw him in my own office—I believe Mr. Field was in London at that time.
Q. Pray, in case you should not recover the value of these goods, do you hold yourself personally liable? A. No, I do not consider myself liable, from any act of mine, for the value of these goods, or any part of them—I do not consider that Mr. William Montgomery would have a claim on me for parting with the goods without his authority—I understand Mr. Scott Montgomery is a distant relation of Mr. William Montgomery's—I did not, on the prisoner's promise to pay the cash that night, draw out an order and deliver it to Mr. Scott Montgomery—I drew up a list, but not an order.
MR. CLARKSON. I am using your own words. Witness. Then this is the way to take it, for this is the fact; I gave Mr. Scott Montgomery the list of the goods, and at the same time directed him to deliver those goods, and I suppose that is what is called making up the order, or drawing it—if they have put it down too short I am very sorry for it—when the prisoner came to me on the 7th, he produced the bill endorsed by Mr. Gabriel—Mr. William Montgomery told me that the prisoner had given references to three persons before this transaction.
Q. Did the prisoner offer to give you his bill for 73l. 2s. 6d. as well as the 50l. bill endorsed by Gabriel? A. If that makes up the 123l. 2s. 6d., he did offer me that, and that I declined—I offered, on that occasion, to take his promissory-note for 28l. 2s. 6d., and to deliver him 125 gallons of varnish out of the 197—I sent him to Mr. Scott Montgomery to get it—Mr. William Montgomery was a starch manufacturer at Belfast before he came to London, and entered into partnership with Mr. Field, who was a varnish manufacturer—that partnership terminated on the 28th of October—this varnish had been partnership property—it became otherwise by Mr. William Montgomery's appropriating it to his own use, under what he considered the terms of the old partnership deed—legally it must be considered partnership property up to the day of the severance—I cannot point out any particular portion of the deed which entitled Mr. William Montgomery to appropriate it to himself—all the deed must be taken, and a legal construction put upon it—I should say it was almost an intricate question—when the partnership terminated, the accounts were to be made up in a certain way; and Mr. Montgomery, who supplied all the capital, was to take his capital out first, and therefore he took this—I think it may be called a question of construction of some nicety, because there is no particularity in the deed—in no construction could it be said to belong to Mr. Field—this varnish was kept in the loft of an unused stable in Mr. Emmerson Tennent's mews—Mr. William Montgomery is a voter of Belfast;
and I believe it is very commonly the case for all Members of Parliament to grant any favours their constituents ask—I took the prisoner's promissory-note to Mr. William Montgomery, for 28l. 2s. 6d., and have got it now—it is not due yet—I also took the 50l. bill endorsed by Gabriel, and have got that—that is not yet due—I took no other instrument from him—I have produced the cheque for 36l.—that is the whole of the security I held or have held—on his giving me the bill for 28l. 2s. 6d., I sent him to Mr. Scott Montgomery to get the goods—he returned with Mr. Scott Montgomery, who said that Mr. Emmerson Tennent would not be teased with it, and he would not let part go without the whole—I had no directions from Mr. William Montgomery to deliver the goods to him on receiving his promissory-note for 73l. 2s. 6d. and the 50l. bill—not at any time—on his leaving town he told me to act as I thought best—when the prisoner came on the second occasion he left roe the 28l. bill till the morning—I kept it for the purpose of his getting the goods—I did not keep it exactly on finding that he could not get the goods, it made part of the continued bargain—when he came the second time I negociated for the whole, when I found Mr. Tennent would not part with part.
Q. Did the prisoner at any time agree to take the whole of you, and pay it by giving the difference in money, or a cheque post-dated two or three days? A. He offered me a cheque, not post-dated two or three days, I think—I never agreed to such terms—he offered me a cheque, which I refused—I forget whether he proposed that it should be dated two or three days in advance—I cannot undertake to swear he did not—he did not promise me a cheque dated two or three days in advance, nor did I on that endorse another order, on the order I had given him to Mr. Scott Montgomery for the 125 gallons—I gave Scott Montgomery the list because he asked me for it, for the purpose of attending with Mr. Humphreys next morning to deliver to him the things according to the list—he would not have got it just the same without receiving the list from me, because there was no one to deliver it to him—Mr. Tennent would not give the key to anybody but Scott Montgomery—he asked me for the list—I do not know why he wanted it
Q. What was the good of copying out a list of the different articles, if he was to have the whole? A. I really cannot tell what the good was—I suppose he wanted to be particular to deliver the goods that were to be delivered—I did not send word to Mr. Scott Montgomery not to deliver the goods, upon finding I did not receive the money over-night, because I did not expect he would deliver them till I sent him word that I had received the money.
Q. Then why give him authority to deliver them next morning? A. There was already a cavil about it—the prisoner promised me solemnly that he would send me the money, and, to save the time of running backwards and forwards such a distance, I thought it would be as well to give Mr. Scott Montgomery authority to deliver the goods—he ought not to have delivered them till he knew I had received the money—I did not tell him so, but he heard the conversation that took place, which was quite sufficient for him to understand that he was not to deliver the goods unless he knew I had received the money—I did not give him any directions, but the conversation he heard between the prisoner and myself amounted to the whole of that, and very much more—it was, that the goods were not to be passed into the prisoner's possession unless he paid to me, that night
36l. in cash—the prisoner obtained the goods on the 8th of December, and I applied for a warrant against him, I think on the 14th—not for felony—it was rather curious; I attended at Queen-square for the purpose of getting a warrant against him for having got these things by false pretences; after urging the charge for some time with the Magistrate, the clerk said to me, "Sir, you need not wait; all the witnesses have given evidence, and I will give you the warrant"—and, to my great surprise, I found it was a warrant for larceny; and on speaking to the clerk about it, he said, "It is my opinion that it is a larceny, and not a false pretence"—I never had the warrant for larceny in my possession—I did not know that it was a warrant for larceny till I saw it un the Magistrate's table after the prisoner was committed.
Q. Did you, after you had applied for the warrant, take any steps of any kind to compromise the matter with the prisoner? A. No, I did not, but I took steps apparently of a compromise for the purpose of catching the prisoner, by writing a letter that I thought would bring him to my office, or bring him into my power somehow, so as to catch him in some way or other—I had previously had an interview with Mr. Scott Montgomery about a proposition made by him to the prisoner.
Q. Did Mr. Scott Montgomery tell you that he had arranged that the prisoner should give an acceptance of a Mr. Richards for 73l. 2s. 6d., making with the 50l. the 123l. 2s. 6d.? A. He did not tell me he had made an arrangement—he told me what the prisoner had said to him about such offers—he said a Mr. Richards, who kept the Fox public-house in Oxford-street, had been proposed as a security by the prisoner, and he himself had been there to make inquiry, and had learnt that this person kept a sort of gambling kind of house; therefore his license was not likely to be granted again, that he was about to get 1000l. for his house, and go abroad—he told me that, when he told me of the interview which had taken place between the prisoner and himself with a view to a compromise—after this I offered to accept Richards as one of the prisoner's bail at Queen-square, because I, in fact, wanted only the one respectable man who was offered—I certainly offered to accept Richards as the other, and my reason for so doing was this, finding one a very respectable man I was unwilling to keep the prisoner in prison—I was not willing at that time to accept any portion of the varnish that was undisposed of, nor to exchange wine for the varnish—that was part of my proposition, but it never entered my head except as a bait—this letter is my handwriting.
MR. PAYNE. Q. How long was it after the prisoner got the varnish away that you wrote the letter to him? A. A great many days after.
SCOTT MONTGOMERY . I was present, on the 7th of December, at the conversation between the prisoner and Mr. Loaden, and heard an arrangement made as to the payment—the prisoner was to pay 36l. to Mr. Loaden that night, and the varnish was to be delivered to the prisoner next morning—Mr. Loaden gave me an order that night to deliver it next morning if he paid the 36l.—I had no authority to deliver the varnish without the 36l. being first paid—next morning the prisoner to me shortly after nine o'clock, and gave me this 36l. cheque, dr on the Commercial Bank of London—I did not feel satisfied to take—he said it was as good as cash, that I should get the cash for it when I presented it at the Bank—he said he had dated the cheque two days forward, as he did not wish to draw too low on his banker—I allowed him to have
the varnish—I delivered it to him on his giving me the cheque and he telling me it was good, I believed it was, I trusted to the representation he had made—I presented the cheque at the expiration of the two days, on the morning of the 10th, at the Commercial Bank—it was not paid, it was returned to me with "Not provided for" written on it—I presented it again next day, it was not paid, and it has not been paid at all.
Cross-examined by MR. CLARKSON. Q. Is the varnish the property of Field and Montgomery? A. It is their manufacture, but it is solely William Montgomery's property—I cannot say how that is—he told me himself it was solely his, some time before the 7th of December—it night be a month before—I cannot tell why he is in Ireland now—he his no trade or business there that I know of—Mr. Loaden gave me the order to deliver the goods on the morrow, when the prisoner said he would pay Mr. Loaden the 36l. that night—the order was in writing—I sent it in a letter to Mr. Montgomery in Ireland a few days after—I believe it began "Deliver"—I do not recollect the terms of it—it was a list of the cans—I think it began "Deliver"—I have no doubt about it—to the best my opinion it was so—I believe it was, "Deliver the following goods to bearer/' but I cannot say—I knew that the prisoner was to pay the 36l. over night, before I was to deliver the goods—when he came to me in the morning he did not say he had paid the 36/., but he gave me the cheque—I saw by that he had not.
Q. As you knew that the agreement was, that he was to pay the over night* bow came you to take a cheque, post-dated for two days, if you had not Mr. Loaden's authority to do so? A. I had given him the goods at this time—I delivered the goods before I had the cheque—I received the cheque only a few minutes after I delivered the goods—I delivered them at Mr. Tennent's in Belgrave-street, and he gave me the cheque where the goods were.
COURT. Q. Had he produced the cheque to you before? A. No.
MR. CLARKSON. Q. Did you go to a public-house to drink before you delivered the goods to him? A. He took me in.
COURT. Q. Until he produced the cheque were you under the impression that he had paid the money over night? A. No, I knew he had not paid the money—I thought so—he would not pay it over twice—I had not seen the cheque, nor had he spoken of it when I delivered the goods—I gave him the goods shortly after nine o'clock, and he gave me the cheque it few minutes after—as soon as I gave him the goods we went to the public-house, and he gave me the cheque—I delivered the goods out of the itable in Belgrave-street where they were—the delivery was complete—he had not said a word about the money before I delivered them—up to that moment I was under the impression that he had paid, and that it was all regular—when he came to me he did not say he had not paid the money—I did not know it till he gave me the cheque.
MR. PAYNE. Q. Where were the goods at the time he delivered you the cheque? A. In the van—I still kept charge of them—I did not allow him to take them away till he had given me the cheque—if he had not made that representation to me I should not have delivered him the goods, or allowed him to take them away—a man brought the van, for the prisoner.
MR. CLARKSON. Q. You said you received the cheque in a public-house? A. We brought the van from the rear of the house, and I stopped
the van, and told it not to move—I received the cheque in the public-house—the van was standing at the door at the time.
COURT. Q. Do you mean you intermediately detained the goods? A. Yes—I told him not to take them away till he gave me the cheque—as soon as I put the goods into the van he said he would give me the cheque—they went to drive them away, and I stopped the van—the cheque was written in the public-house—he did not tell me whether he had paid or not—as soon as they were in the van, he said, "I will give you a cheque," and I detained the van till I got the cheque.
CHARLES CADOGAN . I am cashier at the Commercial Bank, in Henrietta-street. The prisoner kept an account there for a short time—at the date of this cheque he had between 2l. and 3l. balance—I have the ledger here—I remember this cheque being presented—there was not sufficient effects to pay it—on the 10th of December there was a balance of 2l. 5s. 3d. in his favour—on the 7th of December there was the same balance—it had continued the same from the 2nd of December—there has been nothing paid in since.
Cross-examined. Q. You declined the account on the 13th? A. On the 14th, I think, I wrote to him, declining the account, but I cannot remember the day—above 900l. of his passed through our hands from the 3rd of November to the 20th.
COURT. Q. Was there a payment of 1000l. to begin the account? A. No—he paid in by different sums, and drew out—it was not one amount, and then drawn down.
MR. PAYNE. Q. What was the largest balance you had? A. For part of a day we may have had 200l.—the largest balance at the close of a day was 89l.—there was an arrangement between him and the Bank about not overdrawing the account.
MR. CLARRSON. Q. Did you enter into the arrangement with him? A. He made a promise on opening the account that he would not overdraw it—those promises are not very religiously kept at times—we took him as a customer, because he had kept an account at Wright's—we allow interest on a balance, in deposit accounts—the account was opened on the 3rd of November—it is not closed yet—there is a balance now.
(MR. CLARK SON put in the document, purporting to be a bill of parcels, of Field and Montgomery, referred to in the evidence; and read the letter from Mr. Loaden to the prisoner, as follows:—"Sir, your conduct has been of that character, relative to the purchase of the varnish, that I have as yet contemplated no other course than proceeding against you criminally; but Mr. Scott Montgomery has at last induced me to listen to a proposition made by you to him. I will, on the part of Mr. William Montgomery, accept the acceptance of Mr. Richards for 73l. 2s. 6d., making, with the 50l. bill I now have, the original sum of 123l. 2s. 6d., on which I will return your own promissory note; or I will take whatever varnish is unsold, or I will take wine. After giving you these facilities for settling the matter, I shall expect an immediate reply. In a failure of a satisfactory one, I shall adopt the measures which the law affords.")
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Six Months.
NEW COURT.—Friday, January 7th, 1842.
Fifth Jury, before Mr. Common Sergeant.
GUILTY .— Confined Three Months.
JANE BARDEN . I am the wife of Thomas Barden, and live in Shepherd's-market. About seven o'clock in the evening of the 30th of December, two boys came into our shop for a halfpenny-worth of figs—I served them—they went out, and returned in a moment, and one of them asked for a farthing fig—while I was serving him the prisoner snatched up a bundle of cigars, and ran out—I called "Stop thief"—these are the cigars.
GUILTY . Aged 17.— Confined Three Months.
ELIZABETH WHITELOCK . I am the wife of Henry Mark Whitelock, who keeps a clothes-shop in Compton-street, Clerkenwell. On the 1st of January this waistcoat hung inside the shop—it was safe at nine o'clock in the morning—the prisoner was brought back at a quarter before ten with it.
HENRY AUSTIN . I live on Clerkenwell-green. At a quarter to ten o'clock I was passing the prosecutor's shop—I saw the prisoner step on the threshold of the door, and feel the waistcoat—after that he took three pulls at it—on the third pull it came down—he rolled it up, and turned to a man, who I suppose was an accomplice—the man saw me, and would not take it—I went to the prisoner, and said he had got what did not belong to him—he threw it down, and ran—I called out, and the policeman took him.
Prisoner's Defence. I had no waistcoat. I had my handkerchief in my hand, and was blowing my nose.
GUILTY . Aged 20.— Confined Three Months.
ROBERT HENRY HARLOW . I am in the service of John James Moore and another, pawnbrokers, who live in Leather-lane. At half-past six o'clock, on the 1st of January, I saw the prisoner take these knives and forks from inside the shop—I called my master to mind the door, went out, and caught him in Holborn, with them under his left arm, under his jacket.
Prisoner. He said he never lost sight of me; and he went into the shop to call his master. Witness. No, I called him from the door—I did not lose sight of you.
Prisoner's Defence. A man was walking by, he came past me, and put the knives under my arm.
GUILTY . Aged 17.— Confined Three Months.
JOHN FARROW . I work on board a ship, but I get my employment from Mr. Chicken—I know the prisoner. Between eight and nine o'clock, on the 30th of December, he came into the tap-room and lit his pipe—he then went out—I followed, and when he got opposite the bar I saw him put his hat on—I thought there was something in it—I went and called Brown—we followed him—he was running as fast as he could—he ran up Gold's-hill—when he got half way up he took something out of his hat, and ran on to Three Cups-alley, and threw what he had over a wall—he ran on to High-street, and there I lost him—I spoke to a man, and then I went into a barber's shop, and found the prisoner there—this pot was picked up by a witness—the prisoner threw what he had over the wall of a cooperage—I am sure he is the man.
Prisoner. Q. What is the length of the passage? A. From the taproom to the street-door, perhaps 120 or 130 feet—I cannot say whether it is not sixty feet from the tap-room to the bar—I saw your face when you were in the tap-room, not when you were putting your hat on—you are the man who was in the tap and at the barber's shop, and who took the pot.
WILLIAM WHALE . I was coming down Gold's-hill, and heard a cry of "Stop thief"—I saw a man running with a smock-frock on—he had got something in his right hand, and threw it over a wall—I went over, and it was a quart pot—I gave it to Mr. Brown—the prisoner is like the man, and has the same dress.
Prisoner's Defence. A man asked me to hold his horse, he gave me 2d.; I went into the public-house to light my pipe. I saw a person standing there with blue velveteen breeches on, and a smock-frock. I went out, and walked a moderate pace till I came to the barber's. I waited while he shaved another man; I then sat down, and had just got the cloth round me, when these two men rushed in, and said they wanted me for pot-stealing.
558. JOSEPH JOHNSON was indicted for stealing, on the 3rd of January,52 1/4 yards of valentia, value 13l., and 1/2 a yard of canvas, value 6d.; the goods of John Honor Parker:—2nd COUNT, stating them to be the goods of Charles Swann.
CHARLES SWANN . I am wagoner to Mr. John Honor Parker, who keeps the King's Arms Inn, Holborn-bridge. On the 3rd of January I had a parcel or truss in my wagon, directed to "Mr. Roger Peak, Cloth Hall, Ludgate-hill"—I stopped with my wagon in King William-street—I then went on to Cannon-street, and there missed the truss now produced.
CHARLES CORBETT . I am clerk to the Norwood Cemetery Company, in King William-street. I saw Swann's wagon stop opposite our office on the 3rd of January—I saw the prisoner take the parcel out and walk away fast—I suspected and followed him—I overtook him in Nag's Head-court, Clement's-lane—I asked if the truss was his—he said it was—he dropped it, and I gave him in charge.
ROGER PEAK . I am a woollen-draper, at the Cloth-hall, Ludgate-hill. This truss contains fifty-two yards of valentia—I had received the invoice of it the day before—it was to come to me, and is directed for me.
Prisoner. I am a poor man; I certainly did take it; I have a large family.
GUILTY . Aged 48.— Confined Three Months.
BENJAMIN BEDDOW . I am a linen-draper, and live in Strutton-ground, Westminster. On the 31st of December, about half-past eight o'clock, the prisoner came into my shop—I observed her go out with the piece of print now produced under her arm—I sent my young man after her—he overtook her in a pork-shop a few doors below—she was brought back with this print, which is mine.
Prisoner. I and a young woman went in; he showed her several, and they would not please her; he then brought this one, and asked her 8d. a yard; she offered him money, and he would not take it; his young man came to me and said, "Will you step out with me" and he picked up the print under another woman's feet; I came out, and he gave me in charge. Witness. I asked my young man whether this print was put back into the stock, as I had recollected his showing it to her; he looked, and it was not put back—I sent him after her—there is no mark on this print, but I can swear it is mine—the prisoner had not been gone three minutes before he went after her.
HENRY MADGWICK . I am the shopman. I was serving the prisoner and another woman—I showed them almost all the prints I had, and they would not please them—I showed them this print—my master said the party I was serving had got a print—I went to the counter, and it was gone—I went and took the prisoner in a pork-butcher's shop—I tapped her on the shoulder, and she dropped this print from her—I said it was the very thing I wanted.
Prisoner. You did not see me drop it; you did not speak to me about it till you got me out of doors. Witness. You turned round and dropped the print.
JURY. Q. Was there another person with her? A. Yes, and a great
many people were there, but the prisoner was the hind one of all—I saw the print drop from her—the other person was five or six yards from her.
GUILTY . Aged 24.— Confined Three Months.
Before Mr. Justice Wightman.
560. ELIZA WARNER was indicted for stealing, on the 7th of December, 30 sovereigns, 4 half-crowns, 80 shillings, 4 sixpences, and 5 5l. notes, the monies of Robert Potts, from his person; and GEORGE RANDALL , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c—2nd COUNT, for feloniously harbouring and maintaining the said Eliza Warner.
MR. CLARKSON conducted the Prosecution.
ROBERT POTTS . I am Corporal-major of the 2nd Regiment of Life Guards. On the 6th of December I was quartered at Knightsbridge—about eleven o'clock that night I was at Brompton—I met Warner, and went with her to the Two Brewers public-house—there were other girls there—I treated them all—I left the Brewers, about twenty minutes before twelve, in company with Warner—she took me to a house in Yeoman's row—I went into a room there—I was rather in liquor at the time—I had some money with me, which I put into the pocket of my inner belt, which goes round my waist next my skin—it consisted of five 5l. notes, thirty sovereigns, and from 4l. to 5l. in silver—it was in a bag, and when I was in the room I put the bag, and the money in it, into the pocket of my belt, which I buttoned with two buttons—I then went to bed and fell asleep immediately, with the belt round me—I really cannot say whether Warner went to bed with me, but I believe she did—there was nobody in the room but her and me before I went to sleep—I awoke about six in the morning—I then found the two buttons of the pocket in my belt were unbuttoned, and the bag and money was gone, and likewise my handkerchief, which had been in my cap on the table; and a silver watch, which had been in the pocket of my trowsers, which I laid on the floor—I had received one of the 5l. notes from Corporal William Dixon, on the 30th of November—when I awoke in the morning Warner was gone, and the next time I saw her was at Newbury, in Berkshire, when the officer went to take her.
Cross-examined by MR. DOANE. Q. How came you to carry such a large sum of money about you? A. I do sometimes when I go out to pay my bills—it was my own money, my pay and savings—I had taken it out of my desk that evening before I went out—I had had 65l. when I left the barracks—I had paid a bill at Mr. Bird's that evening—I had paid about 5l.—I am sure I had not paid more—I took my clothes off that night before I laid down—I am quite sure the belt was about me when I laid down—the pocket was on the outside of the belt—I had given Warner some money, and have no doubt that she saw me put the bag and money into my belt—I had a portion in my bag and one button—the gold and notes were in one part, and the silver in the other—I did not put my hand into the bag to take out the money I gave to Warner, as I had some silver in my pocket.
MR. CLARKSON. Q. When you first met her in Brompton, were you sober? A. Not perfectly sober.
WILLIAM ARNOLD . I am one of the cashiers at Cox and Greenwood's, On the 30th of November I paid to corporal Dixon two 5l. notes—this is one of those I paid him—(looking at one)—it is No. 49,352, and is dated 12th of October, 1841.
Cross-examined. Q. I suppose you made a memorandum of it at the time? A. Yes, and the corporal's name—I paid him these two 5l. notes with other money, amounting to 48l. 2s. 2d.
WILLIAM DIXON . I am a corporal in the 2nd regiment of Life Guards. I received some money at Cox and Greenwood's on the 30th of November—there were two 5l. notes and the remainder in gold and silver—I paid one of the 5l. notes to Corporal-major Potts, from Mr. Arnold, about an boor after I received it.
WILLIAM WOODMAN . I live at Paddington, and drive a cab. On Wednesday night, the 8th of December, about eight o'clock at night, I was hired by the prisoner Randall in Oxford-street—he was the worse for liquor—he told me to drive him to William-street—I asked him if he meant William-street, Regent's-park—he said, "Go on"—I drove him to William-street, Regent's-park—I then asked him what number—he then said he meant William-street, Knight abridge—I went there, and when I got there he tendered me a 5l. note to take my fare—he said I need not be afraid of getting my money, for be had got four or five more of them—I told him he had better let me take him home, or tell me where he lived—he would not—a man came up and abused me very much because I refused to give the note up—he said if it was his he would be d—d if I should not give it up—I said he nor any one should get it from me till I got satisfaction—I said I would give the prisoner in charge of a policeman, which I did—Randall then said he was known at a public-house over the way—we went, and he was not known—he was then taken to the station—the inspector told me to write my name on the note, which I did—it is on it now, and is the note produced.
Cross-examined. Q. What did your fare come to? A. I considered my fare 4s. by going to the other place first and then to Knightsbridge—I was tired of driving him about—I said I would take him home if he would tell me where—I then got the note, and would not part with it till I got satisfaction—he said he had got four or five more—I do not recollect whether he said he had got them in his pocket.
DANIEL FORBES . I am inspecter of the B division of police. About half-past nine o'clock at night, on the 8th of December, Randall was brought to the station at Pimlico—he was drunk—the cab-man who has been examined handed me this 5l. note—after looking at it I handed it him back to put his initials on it, which he did, and I put mine also—Randall appeared to me to be stupidly drunk—I could get nothing out of him—he was put into the safe place, and I ordered him to be taken out at twelve o'clock—I then asked him if he had any money about him—he said, "No"—at a quarter before seven o'clock he was taken out again, and I said, "Had you any money about you?"—he said, "Yes, I recollect I had a 5l. note"—he said he was a householder, and he got it from one of his lodgers in payment of rent—I asked him to give us the lodger's name that we might make some inquiry—he did not give me any direct answer, hut said, "It is my money"—I said we should thoroughly investigate it, as he must know where he got a 5l. note from—he hesitated a little, and then he said, "I found it in Hyde-park in the morning."
Knightsbridge, about a quarter past nine o'clock on the 8th of December—I saw Randall there drunk wrangling with the cab-man—the cab-man said he had given him a 5l. note, and would not tell him where he lived—I took him to the station-house and searched him—I found 4s. 6 1/2., three keys, and a duplicate on him—he said I might search him but I should find no money—the next morning at a quarter before seven o'clock he was brought out—the inspector asked him where he lived—he said, "At No. 1, King's Head-row, Old Brompton"—I went there and found the keys fitted the place—I heard the inspector ask Randall about the note—he at first said he had got it from a lodger, and then that he had found it in the morning in Hyde-park—as I was taking him to the police-court he told me he found it in Hyde-park under a tree, and a sovereign rolled up in it, and that the 4s. 6 1/2 d. found on him was the remains of the sovereign which he had changed—I went on the Thursday to No. 1, King's Head-row, with Sergeant Mullamy, and Randall's wife gave the sergeant a letter.
DAVID GREGG . I am in the employ of Messrs. Merritt—they are drapers, and live in Shoreditch. On the evening of the 7th of December, the two prisoners came to the shop, and I served them a satinet dress and some other articles, which came to between 3l. and 4l.—Warner paid for them—the prisoners went away together.
Cross-examined. Q. Are you quite sure of the persons? A. Quite—I saw them again I think a fortnight afterwards at Queen-square—a great many persons come to our shop—I am quite sure the prisoners are the persons.
ALFRED MILSOM . I am chief-constable of Newbury, in Berkshire. In consequence of information I took Warner there on the 18th of December, at the house of her father and mother, about the middle of the day—the was ill in bed—I told her she was charged with having robbed a corporal major of the Life Guards on the night of the 6th—she said she was in company with a corporal-major in the Brompton-road that night, and she had something to drink with him, but she had not robbed him—I looked under her pillow for her pocket, and in her pocket I found eight sovereigns, a sixpence, and a penny-piece—there was a clothes-box in the room, and in it I found a considerable quantity of new female wearing apparel, this muff and cape, new gown and new cloak—she said a man of the name of Byron had given her the money, and purchased the clothes for her to go home and see her friends.
Warner. I am innocent—I left the soldier in the room with another female—I came out of the house and saw no more of him—I was in service till July, when I was taken away by a gentleman who has since allowed me a weekly sum.
COURT to ROBERT POTTS. Q. Was there another female in the room with you? A. There was not—I had all my property safe when I went to bed—there was no woman with me but Warner after I left the public-house—she unlocked the door of the sleeping-room for us to go in—I really could not say whether the door was locked when I went to bed—I never saw the house before nor the street—I believe it is a house of ill fame.
WARNER— GUILTY . Aged 23.— Transported for Ten Years. RANDALL— GUILTY. Aged 28.— Confined Six Months.
JAMES CLIFFORD (police-constable G 91.) I was in King-street, St. Luke's, on the 28th of December—I saw the prisoner, who was carrying this coat under his left arm—he turned out of Bath-street into King-street—when he saw me he crossed on the opposite side—I followed and asked him how he came by the coat—he said it was his master's, who lived in Little Trinity-lane, Queenhithe—he mentioned his master's name, but I have forgotten it—I asked where he was going to take it—he said, "To No. 26, St. John-street"—I said, "What are you going to take it there for?"—he said he had brought it from the tailor's—I asked what had been done to it—he said it had been new-buttoned and button-holed—I saw it was not so, and I took him to the station—he then said it was his own, that he had had it a year and a half, and had bought it in Petticoat-lane for 9s.—it was about three o'clock in the afternoon.
MARY SAINSBURY . I am the wife of John Sainsbury, who lives in Bath-street, St. Luke's. We had this coat in our shop on the 28th—we missed it the next day—the shop is open to the street—the coat has a hole in the pocket.
Prisoner. She said it belonged to her husband, and then that she had it to repair. Witness, I never said any thing, but it, was to repair for a young man who is now in Scotland.
Prisoner's Defence. I bought it at half-past ten o'clock that morning of a Jew in Petticoat-lane for 9s.
GUILTY . Aged 16.— Confined Three Months.
562. GEORGE DRAKE was indicted for stealing, on the 24th of December, 30lbs. weight of beef, value 1l. 5s.; 1 shawl, value 11s.; 12 groats, 2 pence, and 24 halfpence; the property of Andrew William Osborn.
ANDREW WILLIAM OSBORN . I am a butcher, and live in Berwick-street. On Friday, the 24th of December, I went to bed, leaving one of the windows, which adjoin my shop, partly open—I got up about a quarter to eight o'clock the next morning, and found the window was quite down—I went to the till to get some halfpence to pay for milk, and found the till was empty—I opened the shop, and missed six ribs of beef—there had been at least two shillings worth of halfpence and pence in my till, and two fourpenny pieces—I missed a shawl from a drawer in a chest of drawers in the parlour—the prisoner is a shoemaker—his aunt lives in my kitchen, and he had lodged in my house, but did not at that time—I had some suspicion, and had him taken—this is the shawl I lost—(looking at it.)
MARIA LOUISA DAYTON . I am servant to Mr. Morgan, who keeps a coffee-shop in James-street, Covent-garden. The prisoner came there very frequently—he came on Friday morning, the 24th of December—he took this shawl out of his pocket, and said to me, "Maria, here is a shawl I this give you for a Christmas present"—I said I did not want it, but he left it with me—he told me he had bought it, and I took it up stairs—he had some beefsteak with him, and asked me to cook it—I said that was not a time that I cooked meat, but he said if I would cook it he should be obliged—he paid 10d. in halfpence for what he had, and went away.
down and said he would make him a very fair offer, and he should make it no more, if he liked to confess to him where he could get the whole of his property he would say no more about it—the prisoner said he knew nothing about it—he told his cousin he had given the shawl to a girl at a coffee-shop in Covent-garden, and the money he had spent at a brothel in Leg-alley.
GUILTY . Aged 20.— Confined Six Months.
563. CHARLOTTE NEALON was indicted for stealing, on the 21st of December, 1 handkerchief, value 2s.; 1 pair of scissors, value 1s. 3d.; 5 pairs of gloves, value 1s.; 1 harmonicon, value 3d.; 1 stock, value 1d.; 1 inkcase, value 1d.; 1 band, value 1d.; 2 egg-cups, value 1d.; 7 pieces of muslin, value 1d.; and 1 pallet and case, value 1d.; the goods of Thomas Larkins Walker, her master; and 1 gown, value 4s. 6d.; 1 gown-sleeve, value 6d.; 1 bag, value 4d.; and 3 yards of ribbon, value 2d.; the goods of Arabella Hazard.
MR. PRICE conducted the Prosecution.
THOMAS LARKINS WALKER . I live in Capel-street, Russell-square; the prisoner was my servant. I was about to discharge her—she offered her box to be searched—I had sent for a constable before she offered to have it searched—I did not tell her so—I searched it in the officer's presence, and found the articles stated—they had been taken without my permission.
Cross-examined by MR. DOANE. Q. She had been with you about two months? A. Yes—I had a character with her—I sent for an officer the night before, because she had been drinking too much—these things principally belong to my wife, who is here—I purchased these scissors myself, and took them myself to be ground—there is the name of "Weiss" on them—I know he has manufactured many pairs—I can swear to these gloves as mine—there is no mark on them—they are Lisle thread—I can swear to this handkerchief—it is trimmed with lace—I brought it from the country—I can swear to the pattern of the lace—no doubt there are many thousands of yards of the same pattern.
MR. PRICE. Q. You have been in the habit of wearing these gloves? A. Yes—I locked the door the night before myself—the prisoner was not aware she was locked in.
COURT. Q. Was the box open or shut that was searched? A. It was unlocked—any one might have opened it—I cannot tell whether it was ever locked—I did not see any key produced.
ARABELLA HAZARD . I was on a visit at Mr. Walker's. I had missed some articles while in their house—I was sent for to see if I could identify any articles—the box was principally searched when I came down stairs—Mr. Walker was there and the constable—I identified the articles mentioned in the indictment as mine—they are very trifling.
NOT GUILTY .
564. WILLIAM MONTAGUE was indicted for stealing, on the 23rd of December, 6 1/2 lbs. weight of kitchen-stuff, value 1s. 1d., the goods of Richard Joseph King; and that he had been before convicted of felony.
—I left my barrow, about five minutes before nine o'clock, while I went to a house in Eaton-square—I was absent five minutes—when I came back I missed six pounds and a half of kitchen stuff, which had been in a basket, on the barrow, tied up in a calico cloth, when I went to the house.
JOHN WARD . I am a constable, and live in Grey's-cottages, Westminster. I was in Eaton-square a few minutes before nine o'clock that morning—I saw the prisoner raise the lid of a basket, which was on the barrow, and draw out a bundle—the barrow was at the corner of Eccleston-street—I followed him to Chester-street—I then lost sight of him—I did not see him again till he was brought to me by Light, a constable—I had seen the prisoner fling away the bundle, about twenty yards from the barrow—I am quite sure he is the person—I had seen him about several times.
Prisoner's Defence. I never was in the square on Thursday morning at all.
JURY to JOHN WARD. Q. How far were you from the prisoner at the time he took this? A. About ten or twelve yards—I had seen him before he took it, standing about, with three others—I knew him well, and watched him.
GUILTY . Aged 19.— Confined Six Months.
MARGARET ANN EDWARDS . I am the wife of William Edwards, of Feltham. My husband had some fir poles—I missed them two months ago—they went one or two at a time—I saw some of them safe on the Thursday before they were taken, the 23rd of December—they were at the back of the house—I marked them on that day, and missed them on the Monday following, the 27th, about a quarter before ten o'clock at night—I found the two I had marked in Mr. Cromwell's yard—I have seen the prisoner before.
Prisoner. She sent for me last Thursday, and said they did not belong either to me or her husband. Witness. No, I did not.
THOMAS BEIRNE (police-constable V 223.) In consequence of information, I went to the house of James Corby, at Feltham, about a mile from Edwards's—I found two poles at the back of the house—they were afterwards claimed as belonging to Edwards—I took them to Cromwell's yard, for the purpose of securing them for the night—here are the tops of the poles—I took the prisoner, and told him it was for selling some poles to Corby that had been stolen—he said he knew what he should get, but, before he would split, he would have his b—neck cut off—he said he should go on "the steps," as he had before.
any fir poles—he said he had bought them, and given 8d. for the two—I told him to bring them down, and let me look at them—he did—he wanted 1s.—I gave him 10d. for them—I saw these tops cut off—they are the tops of the poles I had of the prisoner.
Prisoner's Defence, I was walking round the meadow last Monday week, between three and four o'clock; I saw these poles in a ditch, and took them out; I did not know who they belonged to.
GUILTY . Aged 26.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
CHARLES DAVIES . My father, Philip Davies, carries on the business of a statuary and mason, in Pond-place, Chelsea. I know the prisoner—he is a broker, and says he is agent to the Court of Requests in Kingsgate-street—in July last he applied to my father to collect some debts—I was present—my father employed him—he was to receive half-a-crown in 1l. for collecting—I saw my father give him some bills for Mrs. Barton, Mrs. Jeckyll, and Mrs. Hill—he was to pay the money as he got it—he never accounted to my father, in my presence, for what he bad received of Mrs. Barton or Mrs. Jeckyll—he accounted for 2s. from Mrs. Hill, but I was not present.
PHILIP DAVIES . I employed the prisoner in July last to get in some debts, and among others, one from Mrs. Barton—he was to be paid half-a-crown on 1l.—every time he received money he was to have brought it to me—he came a day or two after, and brought me 6s.—he said that was all he had got from Mrs. Barton—he never paid me more than that, or the difference between that and 14s. 1d.—I authorised him to receive money on my account from Mrs. Hill on the same occasion—he accounted to me for having received 2s. from Mrs. Hill—he never accounted at any time for receiving any money from Mrs. Jeckyll.
Cross-examined by Mr. PHILLIPS. Q. I believe it was four debts you employed him to collect? A. Yes—I cannot tell the amount of the whole four—he was to collect 14s. 1d. from Mrs. Barton, and 2l. and upwards from Hill—I knew where the prisoner lived, and where he was to be found at any time—I remember taking him to the station the first time—he said it was too bad that I should take him up for such a paltry sum; that he had a wife on a sick bed, and two children lying dead in his house—I did not fetch him from his home—when he was brought before the Magistrate the next day, at Queen-square, he was discharged, and after that I went to the Middlesex Sessions, and preferred a bill—the Magistrate said I might, if I thought proper.
Q. Did the prisoner send in a bill of what you were indebted to him, for the expenses he was put to in collecting these sums? A. He did—he had not to summon people over and over again—he did not summon any but the two last—I first took him up in October—I preferred a bill against him on the 6th of December.
Q. Did you not receive from him a notice of action for false imprisonment? A. Yes, I received a lawyer's letter made up by the clerk, and he wanted me to pay 5l.—I did not prefer any bill against the prisoner till after that—I received a letter from Mr. Warren, my attorney, to do it.
MR. CLARKSON. Q. Is it true that your agreement was, that he was to
have half-a-crown a pound? A. Yes, I did not allow or authorize him to incur any other expenses.
MARTHA BARTON . In July last I was indebted to Philip Davies 14s. 1d.—on the 6th of July I paid 2s., and on the 20th of July I paid 12s. 1d. to the prisoner—here is the receipt for 1l. 3s. 1d.—I had before paid Mr. Davies 9s.
SARAH JECKYLL . I am a laundress, and lire in Orford-street, Marlborough-road, Chelsea—I owed Mr. Daviea 1l. 19s. 3d.—on the 5th of October I paid the prisoner 4s. on account of the bill—I had a receipt from the prisoner on a small slip of paper which I have lost.
Cross-examined. Q. It was for doing some painting for you? A. Yes—the bill was 1l. 19s. 3d.—Mr. Davies settled the other bill himself—there was a mistake in the bill—the first charge was 2l. 18s. 9d., but it was brought down to 1l. 19s. 3d.
MR. CLARKSON. Q. Was that before you paid him the 4s.? A. Yes.
JAMES CLOUGH (police-constable R 98.) I took the prisoner on the 22nd of October, at the Queen's Head public-house, at the corner of Butterfly-alley, Chelsea—he was sitting there with a lot of his friends—I think he was smoking and drinking—I called him out of the public-house and told him he was charged with embezzlement—he said, "You don't mean that, Clough"—I said, "I do"—he said, "I am done, let me go home"—I said, "I can't, you must go to the station"—I was before the Magistrate—he was charged with embezzlement—the Magistrate was of opinion that it was not embezzlement, and he discharged him—he said if the prosecutor liked, he could indict him at the Clerkenwell Sessions, if he was not satisfied with his opinion—that was on the 23rd of October—I went to the Middlesex Sessions on the 6th of December—I did not go before that—I think I went only once—the prisoner did not add anything more when be said he was done.
Cross-examined. Q. You took care to hare him where he could not have a witness? A. No—I took him out by way of not exposing him—I was present when he was examined before the Magistrate—the Magistrate said, "What sum do you charge him with embezzling?"—I do not recollect the prosecutor saying 15s.—I should not like to swear he did not—the Magistrate said, "Yesterday you sent a person here who said he owed you 1l. 5s."
NOT GUILTY .
PHILIP DAVIES . I employed the prisoner to get in some debts for me on the 30th of August—at the beginning of September he brought me 2s. from Mrs. Hill—he left it at my house—I was not at home—he left no more—he never paid me anything more.
Cross-examined by MR. PHILLIPS. Q. Did not he send in an account by which he brought you in a debtor, before you took him? A. He brought me in an account of a great many summonses which did not belong to me, because I had agreed at half-a-crown a pound—I produced that bill to the Magistrate.
NOT GUILTY .
568. GEORGE LOCKE was indicted for stealing, on the 22nd of December, 72 willow squares, value 1l. 13s.; 1 bag, value 3d.; 1 shilling, 3 pence, and 2 halfpence; the property of John Crispin, his master.
JOHN CRISPIN . I am a willow square manufacturer, living at Friars-mount, Bethnal-green. The prisoner worked at my factory—on the 22nd of December I sent him for eight dozen of willow-squares to Mr. Brogden, New Inn Yard, Shoreditch—I gave him 1s. 4d.—he was to bring them in a bag which I gave him—he did not come back—I have not seen the willow-squares or the bag since.
WILLIAM BROGDEN . I am in the employ of my father, a hat-presser. On the 22nd December the prisoner came for six dozen of willow-squares—I saw him—he had a bag, and the squares were put into the bag—he did not pay for them—he said when the other person fetched the two dozen remaining, away they would pay for them all.
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 17.— Confined Three Months.
(The prisoner received a good character.)
570. RICHARD TOOMEY and ELIZABETH BURGESS were indicted for stealing, on the 21st of December, 12 handkerchiefs, value 2l. 14s., the goods of Charles Beaumont Roope.—2nd COUNT, calling them 12 yards of silk.
WILLIAM DAVIDGE . I live at Mr. Roope's, a linen-draper, in Sloane-street, Chelsea. On the evening of the 21st of December I was in the shop—the two prisoners came into the shop together—Toomey wished to look at some silk handkerchiefs, which were shown to them by a young man in the shop—the manner of their looking at them excited my suspicion—I walked round the counter to watch them—Toomey held up a handkerchief between the gas-light and Burgess, so as to hide from the eyes of the young man who was serving them, what Burgess was doing—I saw her take a piece of handkerchief, and put it under her shawl—she then made some trifling purchase, and left the shop—they were taken, thirty or forty yards from the door—I saw the handkerchiefs drop from Burgess—they are the same as were on our counter.
Toomey, Q. Did not the person who served me hold up one end of the handkerchief to the light, when I grumbled about the quality? A. No—you left the shop four or five minutes before Burgess.
JAMES HOLLAND (police-constable B 195.) I went to Mr. Roope's shop on this evening—the two prisoners were in the shop—I stood on the outside—Toomey came out about four minutes before Burgess—he went to the corner of Sloane-square, and waited there till Burgess came out—I was going towards her—she turned to go into the shop again—I saw these handkerchiefs drop from under her shawl—I took them up, and took both the prisoners—I searched them, and found on Toomey three small pieces of ribbon in three parcels, but no money—I searched Burgess, and found 11 1/2 d. in copper.
JURY. Q. Are the ribbons all of one colour? A. Yes, they are about a yard in length each.
Toomey. Q. How far is the shop-door from where I stood? A. About twenty yards—you had plenty of time to make your escape.
Toomeys Defence. I had been at work down that way; I gave Burgess 5s. in the morning, and told her I should buy a black silk handkerchief, to go in mourning, having lost a brother; we went into this shop; they asked 4s. 6d.; I said it was not worth more than half-a-crown; Burgess said, "Don't go to buy your handkerchief, I have spent all the money you gave me this morning."
Burgess's Defence. It is quite correct what he states; it is the first time any thing of the kind has happened.
TOOMEY— GUILTY . Aged 40.
BURGESS— GUILTY . Aged 38.
Confined Twelve Months.
LUKE REANEY . I am an officer of the Mendicity Society, and live in Charlotte-mews, Tottenham-street, Tottenham-court-road. At half-past two o'clock, on the 4th of January, I saw the two prisoners in company at the end of Cork-street, near Bond-street—I watched them through various mews and streets till they got to Mount-street—they went into Bell-yard—there was a pint and a quart pot standing there close behind the Bell public-house—Brown went and took them both up—Moore was close to her, in company with her—Brown gave the pint pot to Moore, who secreted it under her shawl—I went up, and said to Brown, "What are you doing with these pots?"—she said they were given her by a female—I took hold of her—she was struggling, and I found this, other pint pot under her dress attached to a string—Moore was going away, and the other officer took her.
JOHN HORSFORD . I am an officer of the Mendicity Society. I was with Reaney—I followed the prisoners into Mount-street—I took Moore, and found this pint pot concealed under her right arm under her shawl—she said she knew nothing about it.
Browns Defence. I was going up the mews; a woman who looked like a servant said, "Will you do me the favour to take these pots into the public-house?" I said, "Yes;" as we were going to take them Reaney came and took us.
Moore's Defence. I was better than two yards away from Brown when Reaney says she took them; they threw us both down; I had not a pot in my possession.
BROWN— GUILTY . Aged 22.
MOORE— GUILTY . Aged 21.
Confined Three Months.
572. GEORGE MARSHALL was indicted for stealing, on the 25th of December, 1 adze, value 1s. 6d.; and 1 plane, value 1s.; the goods of William Freeman; 5 chisels, value 1s. 8d.; and 1 knife, value 4d. the goods of Michael Mulloney; 3 chisels, value 1s., the goods of William Brecknell; and 1 saw, value 1s., the goods of William Esterbrook.
MICHAEL MULLONEY . I am a stone-mason, living in Hampden-street, Somers-town. I left some chisels and a knife on Christmas-eve in a work-shed at the back of a church at which I was working—we left off at dusk—they were not locked up—I saw them again in the officer's possession on the Monday morning.
WILLIAM FREEMAN . I was employed in building this church—there were tools of mine there for the use of my men—they left them there—I know the shed in which the tools were—it is an open shed—anyone could get at the tools—there is a hoard fence round the building, which—they must get over to get to the shed—the prisoner came a few days previous to get a job as a stone-mason.
JOHN MEREDITH (police-constable N 234.) I stopped the prisoner on the 25th of December, in Duncan-terrace, Islington, at half-past ten o'clock at night—I found a plane, an adze and saw under his arm, eight chisels and one knife in his pocket—I took him to the station, and told him I suspected they had been stolen—he said they were his own, he bought them.
(Property produced and sworn to.)
Prisoner's Defence. I am innocent. When the policeman took me I told him they were my own, and I came to see a mason in Goswell-street; he took me to the station. I bought the tools on Christmas-eve for 6s. of a man I knew; he would not sell the chisels without the adze and the plane.
GUILTY. Aged 34.—Recommended to mercy by the Jury and Prosecutor.— Confined One Month.
HECTOR AUDLIN (through an interpreter.) I am a poulterer, and live in Grafton-street, Soho. On the evening of the 31st of December I was in a house opposite my shop—I saw the prisoner take a goose, wrap it up in his apron, and go away with it—it was on a board inside the shop—I went after him, and took him with the goose in his apron.
GUILTY .† Aged 14.— Transported for Seven Years.
MR. DOANE conducted the Prosecution.
ALEXANDER MOIR . I am a baker, living in Cadogan-street, Chelsea. The prisoner was my apprentice—it was part of his duty to carry out bread, and receive money on account of it—he was to account to me every day, and sometimes twice a day—he was in my shop on the evening of the
20th of October—he had gone out on the 18th of October, and had bills delivered to him—I saw him with them—I had a customer named Gillard—he was to deliver a bill to her on the 18th—I had a customer Mined M'Bride—he was to take a bill to him—I remember his coming back—he did not account for 7s. 6d., received from Gillard, nor 8s. 6d. from M'Bride—I saw nothing of him after the 20th till the 27th.
Cross-examined by MR. JONES. Q. This lad was apprentice to you, was he not? A. Yes—he has been with me three years—he was to serve me seven years—I gave him the bills on the 18th—I know he did not receive money from these parties on the 18th, nor on the next day—I had not a quarrel with him on the 20th of October—I did not beat him—I mean to swear that—I did not order him to go up stairs and take some of his clothes off and beat him—I had not beaten him for a fortnight before—I had received some money from his mother once or twice when he ran away—I did not ask her to pay me this money—I mean to swear that—I did not tell her if she could not pay the money I would prosecute—I had the money offered, and would not take it—I beat him a fortnight before—I took him up stairs into my bed-room, ordered him to take his clothes off, and beat him with a small halfpenny cane—I gave him a good beating—I had only beaten him once before in the last twelve months—he has always promised to do better after I had beaten him—his mother said I beat him so that the marks remained fire weeks—I beat him by his father's order, as his father could not, he has only one arm—I did not ask the prisoner for the money between the 18th and 20th—I found him at his father's when I took him on the 27th of December—I sent the policeman there, when I found he was there—I gave information at Bow-street directly after he ran away—he sever threatened to leave me—I was in prison myself about twenty years ago—I did not knock him down in my bakehouse—I did not strike him on the 20th, nor for a fortnight before.
MR. DOANE. Q. Between his running away and the 27th of December, did his parents come to you inquiring for him? A. Yes—I gave him these bills on the 18th—he did not give any account of them.
Cross-examined. Q. What time was that? A. I cannot say, I think it was in the forenoon—he put "paid" on the bill, but I have destroyed it.
Cross-examined. Q. Did you take any receipt? A. Yes, but I destroyed it—the prosecutor applied to me a week after—I had destroyed the bill then.
JOHN PORTSMOUTH (police-constable B 178.) On the 27th of December I apprehended the prisoner at his father's—I told him Mr. Moir, his master, ordered me to come down and take him, and I believed it was concerning some money—he said he believed it was concerning some money.
Cross-examined. Q. Was that all he said? A. He said his mother had paid his master some money—before the prosecutor told me to go to his father's house I had not received any information about the prisoner— NOT GUILTY .
our office is in Ebury-square.
WILLIAM EVANS . I was in the service of Mr. Butler, of Liquorpond-street. Between seven and eight o'clock, last Friday evening, the prisoner was in Mr. Butler's parlour, emptying a load of potatoes—I saw him put his band on the mantel-shelf, and take some halfpence—there were 3s. 1 1/2 d. there before—I had seen them put up and counted, and he took 1s. 6 1/2 d.—they were put up in piles of 6d. each—I told Hill what I had seen, and my master when he came in—he was out at the time.
Prisoner. He says I took 1s. 6 1/2 d.; it is no such thing; and what he says about their being piled up is no such thing; they all laid loose on the shelf.
HENRY HILL . I was in Mr. Butler's service—I put the halfpence on the mantel-piece in piles of 6d. worth in each pile—there was 3s. 1 1/2 d.—I told my master what I heard from Evans—the prisoner was there at the time, with his horse and cart, which he brought the potatoes in—I counted the halfpence which were left on the shelf—there was 1s. 7d. left, and 1s. 6 1/2 d. was, gone—some of it was in penny-pieces—one of the pennypieces was marked—I should know it again—I had noticed it at the time I put it on the mantel-shelf—it was marked with a heart, and some dots and letters on it—this now produced is it, I am sure—the prisoner was taken into custody—before he left he was searched, and this penny-piece was found in his right-hand waistcoat-pocket—the other copper money was found upon him also—the money I had put on the shelf I had taken in the shop while my master was out.
JOHN BUTLER . I came into my shop on the evening in question—I heard something from these two boys—the prisoner was taken—I took him into the parlour—I told him he had taken some halfpence off the shelf, and there was one penny-piece the boy could swear to, that it had a heart on it—he said he had no money upon him—I told him to turn his pockets out—he refused, and I turned them out—I found this penny-piece in his right-hand waistcoat-pocket—he then took the rest out himself—the whole of the 1s. 6 1/2 d.
GUILTY . Aged 28.— Confined Six Months.
PHILIP SPEYER . I am a tailor, and live in Holborn. Last Monday evening I was in the parlour behind my shop, about seven o'clock, and saw something go from the door—a gentleman said something was gone—I ran out and met the prisoner in Bedford-street, and said, "Have you any thing of mine?"—he said, "No"—a constable came up and said, "That is the boy"—I went back to the shop, and found a coat on my counter—I did not see the prisoner with it—it was sold the next day.
JOSEPH HAGGARD . I am shopman to the prosecutor. On Monday evening last I was reading the paper in the parlour, and heard an alarm—I looked and missed a coat from the rail on the door, just inside—in about five minutes after my employer left the shop it was brought back by two strangers, and left with me.
WILLIAM WOOD (police-constable E 84.) On that evening, about seven o'clock, I saw the prisoner running with a coat under his arm, and another lad running after him—I pursued the prisoner—he dropped the coat—I ran over the coat and took the other lad—I then went on to Bedford-row and took the prisoner—the coat was taken to the shop—I wanted to have it, but the prosecutor would not let me.
NOT GUILTY .
Sixth Jury, before Mr. Common Sergeant,
NOT GUILTY .
578. FRANCES PALMER was indicted for stealing, on the 25th of December, 1 gown, value 8s.; 1 bed-gown, value 8s.; 2 pairs of stockings, value 4s.; 1 veil, value 1s. 6d.; and 1 night-cap, value 1s. 6d.; the goods of Matilda Baxter: and 1 shawl, value 1l. 10s.; 2 petticoats, value 8s.; 1 bed-gown, value 3s.; 1 pair of stockings, value 2s.; 1 towel, value 6d.; 1 sovereign, 1 half-sovereign, and 1 sixpence, the property of Louisa Baxter, her mistress, in her dwelling-house.
MR. PAYNE conducted the Prosecution.
LOUISA BAXTER . I live in Bid borough-street, Brunswick-square; the prisoner was my servant for a fortnight. I went to church on Christmas-day, leaving nobody in the house but her—I came home at about a quarter-past one o'clock—I found all the lower part of the house open, every thing turned upside-down, and the prisoner gone—I missed some keys and a sovereign and a half from a drawer which one of the keys would open—I missed a shawl from the front-parlour, and the other articles stated—I went to the station and saw some property of mine and my sister Matilda's, who is on a visit at my house—the money was my own—we lost a great deal of other property, which we have not found.
JAMES SMITH (police-constable E 107.) I took the prisoner, on the evening of the 28th of December, in a lodging-house in St. Giles—I found the duplicate of the shawl there, and all the other property stated in the indictment—the prosecutrix saw it and identified it.
GUILTY .* of Larceny only. Aged 20.— Transported for Seven Years.
JAMES GRIFFITH . I am a brewer, and live at Islington-Green. The prisoner was my drayman—it was his duty to receive money for me, and to pay it me the same evening—if he received 1l. 13s. on the 20th of July, or 9s., or 4s. 6d., on the 22nd of September, he has not paid it me, but I did not "book him" on either of these days.
Prisoner. Q. Did you not borrow four sovereigns of me to buy three barrels of ale, which was money I had received, and could not get your signature to it? A. No; that was accounted for in your book—I signed the book every time I took his money—I had four sovereigns from him—they were owing from a former booking—these accounts were not entered in his. books, and I have not had the money.
Prisoner. I paid it in the four sovereigns for the ale. There was a gale on the 20th of July at the Painted Lion, Islington-green. I had this money over night, and Mr. Griffith got me to come early in the morning to pay these four sovereigns to Mr. Lawrence.
MR. GRIFFITH re-examined. I received four sovereigns from him, but that was for the day previous to the 22nd of July—those four sovereigns did not include either of the sums stated in this indictment.
GUILTY of embezzling the two last sums.—Recommended to mercy.
Confined Four Months.
ELIZABETH BICKNELL . I live near Farnham, in Surrey. On the 27th of November, I was at Mrs. Griffiths's, in Sharp's-alley—the prisoner, who lodged there, laid me a gallon of beer that he had the most money of any body in the house—I said I could not lay a gallon, I would not mind laying a pot, but I would not till I saw what he had got, and he showed me three sovereigns—I said I had not so much as that—I paid for a pot of beer, and then for a pint—I then had 1l. 5s. 6 1/2 d. left—I had that safe between five and six o'clock on Saturday evening—the prisoner came home, and Mrs. Griffiths asked me to catch hold of him, and help her to throw him down on the bed—we threw him down, and she threw me across him—he then went away, and in about an hour after he was gone I missed my money—I was not down upon him for a minute—he had an opportunity of taking my money out of my pocket—I did not take notice of his doing it—I should know my sovereign again, because it is marked—here arc four sovereigns produced by the officer—this is mine—(looking at one.)
Cross-examined by MR. PHILLIPS. Q. Do you know where he lived? A. He lodged at Mrs. Griffiths's—I had seen his sovereigns that night—I did not tickle the prisoner, nor did Mrs. Griffiths—I sat down on the bed in his room—we were all playing together—we catched hold of him, and threw him down on the bed, and she threw me across him—he slept in the house that night—I told him that night that I had missed a sovereign—I did not tell the Magistrate so—the prisoner staid in the house that night and the next day—I did not like to go before a Magistrate then—I am now living at the Star Inn, St. John-street—my two sisters support me.
THOMAS WOODRUFF . I am an inspector of the City police. I took the prisoner on the 29th of November—I found on him four sovereigns, a half-crown, and a sixpence—I did not see the prosecutrix till the 1st of December, when she came to me, but not on this business—she came on the 2nd again, and I made inquiries about her loss, and asked if she would know her sovereign if she saw it—she said, "Yes," and I showed her the four sovereigns which have been produced to-day.
Cross-examined. Q. Do you know where she has been living the last
four or five days? A. At the Star, I believe—she gave her address—I do not know how she has been supported—I gave her 1s. one day, and a dinner yesterday—I never said I supported her—I stated at Guildhall that I bad given her money to help her to support herself.
Q. Upon your oath did you ever say you contributed to support her? A. No, I said I had given her a shilling one day, because I considered she was destitute—I do not call a shilling much of a support—you may take it as contributing to support her—I did not know her two sisters were supporting her—I did not consider that she was in utter want—I spoke to Mr. Wright about sending her down to her country.
(See page 338.) NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
JOHN EASTERBROOK . I now live with Mr. John Savage, a pawnbroker, in Whitechapel-road; (I was formerly in the service of Mr. James Watts, a pawnbroker, in Hereford-street, Commercial-road.) On the 22nd of December, while I was in the service of Mr. Savage, the prisoner came about the middle of the day—he laid down eleven thimbles on the counter—he said, "I want 5s. on them"—I asked if they were silver—he said, "Yes"—I directed the apprentice to write a ticket—I turned my back to try if they were silver, and finding they were not silver I sent for a policeman and gave the prisoner in charge, with the thimbles—he said he had had them given to him—on the 10th of October, while I was in the service of Mr. Watts, the prisoner came and pledged six thimbles—he said he wanted 4s. 6d. on them—I said, "Are they silver?"—he said, "Yes"—I said I would make it half-a-crown for him—he said, "Very well, I merely want to give change for a sovereign"—I afterwards tried the thimbles, and they were not silver.
Cross-examined by ME. PATNE. Q. You keep something to test these things, don't you? A. Yes, and we do so in general—I tried those on the 22nd of December.
WILLIAM GALLILSE SAVILLE . I am in the service of Mr. Joseph Tilley, a pawnbroker, in Mile End-road. On the 22nd of December, about noon, the prisoner brought twelve thimbles—he asked me 7s. or 8s. on them—I forget which—I said, "Are they silver?"—he said, "Yes, I bought them for silver"—I suspected they were not—I tested one of them, returned them, and said they were not silver—he said, "Are they not? I had them left with me for a debt"—my testing one of them left a mark on it, which it would be inconvenient to get off.
GUILTY . Aged 52.— Judgment Respited.
MR. CLARKSON conducted the Prosecution.
CATHERINE WITHEY . I am the wife of John Withey, we live on Great Saffron-hill, in the back-garret. The prisoner came to live in the front garret, the next room to me—he and the woman who was with him had a child, which was two years and five months old—they had been there a fortnight before this happened—after they had been there two nights, I heard screams from the woman two or three times in the night, and a little shrieking noise from the child, about the time I heard the woman
scream—on Thursday afternoon, the 30th of December, about four o'clock I heard some quarrelling with the prisoner and the woman—he came home and quarrelled with her about nursing the child—he said, "You have been nursing that b—y b—r"—I heard that, as my room door was open, and I put my head outside my door—the prisoner appeared to be sober—the woman said she had not been nursing the child—he said he knew she had, by her arm, and she should not nurse that thing while she was with him—they became quiet after that—I did not hear the child put to bed—the woman is in the family way—the prisoner and her locked their door and went out together between four and five o'clock—they did not take the child with them—I thought it was in bed—the woman returned about six—I saw her pass my room door—she was sober—I never saw her drunk—I heard the prisoner come home in an hour or two, and from his mode of speech I formed an opinion directly that he was very much intoxicated—he seemed as if he fell down—there was a noise as if somebody fell—he then began to call the woman to account about some half pence, and sent her out to get a rasher of bacon—I ran out to hear that—he said the child should not eat his victuals—the woman went for the bacon—it was about eight o'clock—I went to the door directly she passed by to go out—I heard the prisoner get up directly, and poke the fire—he came up directly towards the door where the bedstead was—I knew that by his steps—there was a crack at the door, and I could see his shadow pass—he went to the bedside—I heard the bedstead-stick rattle—it has got a bit of tin to it—it rattled as if he had beat it on the bed—I heard it three times, and about three blows, and the child shriek in a kind of stifling manner, three times—after that the prisoner went back to the fire-place, and poked it about, he sat down, and then walked about quite collected—he did not seem intoxicated at all—he began to whistle—soon after the woman came in, she went into the room, and I heard her ask him if he had been ill-using her baby—be said, "No"—sbe said, "I think you have, as it is awake now, and it seems to me to have been crying"—he said, "Well then, I have; have it so, if you will"—they began talking about how long she stayed—I called out, "He has been beating the baby, the villain; he has been beating the baby, take a candle and look, I will go for the policeman!"—the woman took the candle, and. went to the bed, and said, "O my God, he has' been beating it, there are three lumps on its forehead!"—they began to quarrel, and I thought he struck her—I said to my husband, "Speak to that man, he will murder the woman"—he called out, "What are you at there?"—the prisoner said, "What is that to you? if you interfere I will get a knife, and rip your b—guts out."
Prisoner. Q. When you heard me beating the child, why did you not open the door and come in? A. It put me in such a way I could not come in; I had a baby in my arms; I thought you might knock me down, and I had better wait till your wife came in.
ELIZABETH HILL . I am twenty-six years old—this baby is two years and five months old—I have not been married—I have lived with the prisoner about ten months—this is not his child—he knew I had this child when I first went to live with him—I have been living in the front garret, and Whithey in the back one—about four o'clock in the evening of Thursday, the 30th of December, I and the prisoner were at home—after eight at night we went out together—I returned about nine—the
child was in bed—it was asleep when I went out—the prisoner came home after me—he was intoxicated—he did not quarrel with me when he came home—he did not say any thing to me about the child—the child has never been christened—I used to call it Edward—I am at present in the family-way by the prisoner—I was examined before the Magistrate—the child was first ill-used by the prisoner about two or three months ago—at four o'clock on the 30th the prisoner came home, and asked me if I had given that thing (the child) any victuals, and I denied it—be said I had, and said, "You shan't give it my bread"—at night, when he returned intoxicated, he sent me out for some bacon—when I returned he was sitting by the fire—the child was awake, and was going to cry—I asked him if he had been beating it—he denied it—I said I thought he had—Mrs. Whithey called out to me, and told me he had—he denied it—I examined the child's head, and it had two marks on its forehead—it was examined by a surgeon last Sunday.
Prisoner. Q. Did I ill-use the child three months ago? A. You were out of work, and I thought you grudged the child sufficient nourishment—I never knew you to beat it before.
JOHN WITHEY . I am the husband of Catherine Withey, and live in the back-room—on that night I heard the prisoner abuse the child very much, and I heard the three blows as I sat at my work—it appeared to me to be by tome blunt instrument—it sounded like a bed-rail—the top of it was loose, and it rattled.
Prisoner. That shaking was by putting the child on the bed, and the bed-screws are very loose. Witness. No, I beg your pardon, they are very tight; I tried them that very day.
WILLIAM BENSON WHITFIELD . I am a surgeon. I saw the child on Sunday—it had had a blow on the forehead, and one on the cheek—there were marks of the blows and bruises—if the child had been in bed such an instrument as this rail would have inflicted such a blow as I saw on the forehead—the blow on the cheek was but slight—it might have received that from this rail.
Prisoner. Q. If the child fell off the bed, might it not have been injured? A. Yes.
Prisoner's Defence. I was sitting by the fire; the child fell out of bed; I went and took it up, and put it in bed again; I knocked the pillow with my fist to make a place for the child to put its head in; the child never cried.
GUILTY . Aged 28.— Confined One Year in the Penitentiary.
EDWARD NORMAN . I am a shoemaker, in High-street, Brompton—I was in my uncle's workshop Jon Monday, the 3rd of January, between ten and eleven o'clock in the morning—I met the prisoner coming out of the shop, after I had been in a few minutes—directly I came out, he struck me—nothing had occurred between us before, only I gave him some sharp answers—he struck me in the face—he was standing outside the door—he struck me, and gave me two black eyes—we were both sober—he knocked me down—I was senseless for a few minutes—in the course
of that morning he said it was cold, and I said it would not be so cold if he put his coat on—I had not conducted myself in any indecent way, or taken any liberties with him.
Cross-examined by MR. LUCAS. Q. On your oath, was there no quarrel between you and the prisoner? A. No—I gave him no reason whatever—I dined with my uncle and aunt, named Stocks, on Christmas-day—I did not sit up the whole of the night—I slept up stairs at my uncle's—I saw the prisoner that evening, and we were the best of friends—I did not give him sharp answers out of ill—will or unkindness—nothing happened between me and the prisoner on Christmas night—I went up stairs about half-past one o'clock—the prisoner was down stairs, and I went down stairs and spoke to him for a few minutes in the kitchen—he had a glass of ale, and was smoking his pipe—he asked me to take a glass with him, and I did—I was with him twenty minutes or half-an-hour—he went out of the room once while I was there, and told me he was going to the water-closet—I said, "Go, and I will make up the fire for you," and I did—I did not go outside the kitchen too—I will swear that I said nothing to him as he was returning from the water-closet—he did not push me aside, or use any coarse language to me—he was gone ten minutes or a quarter of an hour—I did not make a proposal of a disgraceful nature to him when he went to the water-closet—I did not follow him, with my small clothes down—when he came in from the water-closet he had his clothes buttoned up—the instant he came in I went up stairs, and wished him good night—he struck me with his right hand, I think—I was so surprised, I cannot tell exactly which hand it was—he struck me just as I got outside the door—the water-closet is just outside the door—he came out of the workshop—I did not put my hand to his person at all.
ELEANOR STOCK . I am the wife of Nathaniel Stock, and live in Winchester-street, Pentonville. Norman is my nephew—I sent him into the shop to get two little horses and a small saw—he had not been out of my sight two minutes before I heard him scream—I ran out, and saw him on the ground, and the prisoner beating him with his fist—I went to separate them, and received what you see on my face—he said he would murder him—Thurtell saw him first, and I saw him next—the prisoner's mother assisted me in getting him away from him.
Cross-examined. Q. The blow you received was unintentional? A. I do not know—I do not suppose he would wish to injure me—when the prisoner committed the assault he did not assign any reason for doing it—he used bad language over him—he said nothing to me when I got there—he did not refer to any indecency.
EDWARD JAMES THURTELL . I am in the employ of Mr. Stock. I remember this morning, when the prosecutor got knocked about by the prisoner—the prosecutor had two little horses in his right hand, and a small saw in his left.
Cross-examined. Q. What did the prisoner say? A. Nothing—he struck the prosecutor near the water-closet—I had seen the prosecutor before the affray took place—I was at work in the shop—the prisoner came to me, and asked if my master was out—I said, "Yes"—soon after, the prosecutor came, Benham went down, and the prosecutor went down—I heard
the scuffle—I went down to see what it was—I saw the prisoner beating bin with both his fists, and the blood running—the prisoner went down stairs, and I went for a policeman—the prisoner did not say any thing in my hearing—he did not use any abusive language.
MR. PAYNE. Q. Did the prisoner say one word about the prosecutor being indecent to him? A. No.
GUILTY . Aged 21.— Judgment Respited.
Before Mr. Recorder.
584. JOHN STEVENS was indicted for stealing, on the 23rd of December, I set of bed furniture, value 10s.; 1 pillow, value 1s. 6d.; and 2 yards of linen cloth, value 6d.; the goods of John Wells Farmer.
MARTHA FARMER . I am the daughter of John Wells Farmer, a broker, at Greenwich. I know the property by some dirt on one of the curtains—a policeman brought it to me last Thursday week—I had seen it safe in the house three or four days before—this now produced is it.
WILLIAM PARSONS (police-constable R 181.) On the 23rd of December I stopped the prisoner in Lewisham-road—I asked what be had got—be said he had a set of bed furniture, that he got it from Mr. Williams, in High-street, Deptford—I took him to the station, and made inquiry—I could find no such person—I went to the station, and told him so, and then he said he had it from Mr. Williams, in the Broadway, Deptford—I went and inquired, and could find no such person—as I was taking him to the Magistrate's he said he had told me a good deal of untruth, and he wished to speak the truth, that he took it from a broker's shop at Greenwich—he could not tell me the name—I went to Mr. Farmer's with the property the same day, and they claimed it.
(The prisoner pleaded poverty.)
GUILTY. Aged 26.—Recommended to mercy by the Prosecutor and Jury.— Confined One Month.
GUILTY .— Confined One Week.
Before Mr. Common Sergeant.
587. WILLIAM KURWIN was indicted for stealing, on the 19th of December, 2 biscuits, value 9d.; and 1 1 3/4 lbs. weight of flour, value 3d.; the goods of Benjamin Smith, his master; to which he pleaded
GUILTY . Aged 21— Confined Three Months.
GEORGE WADE . I am a grocer, and live in High-street, Deptford—the prisoner was my shopman. On the 11th of December I told him I had reason to suspect he was robbing me, and asked if he had any objection to be searched—he said "No"—I asked if he had any objection to have his box looked into—he said "No"—he then went up stairs with me and the policeman—I saw him give the policeman the key—the policeman opened his box, and found in it this tobacco, these cigars, and this pencilcase—I know they are mine, as I had taken the precaution that morning to sprinkle a little green tea in my tobacco, and this tobacco has the tea in it.
Prisoner. I took a quarter of a pound of tobacco from the stock, and put a shilling into the till for it; the cigars were unsaleable, and put on one side—the pencil-case was in the dust-hole.
MR. WADE re-examined. It might be about the yard, as my children played with it—the cigars were not unsaleable at that time—he said he had had the tobacco ever since he had been in my employment.
GUILTY. Aged 27.—Recommended to mercy by the Prosecutor.
Confined Three Months.
589. JOHN SPILLMAN was indicted for stealing, on the 6th of December, 12 pairs of stockings, value 5l.; 17 pairs of gloves, value 1l. 8s.; 1lb. 10oz. of sewing-silk, value 1l. 15s.; and 18 yards of ribbon, value 17s.; the goods of John Wade and others, his masters: and ROBERT SPRAGG , for feloniously receiving the same, well-knowing them to hate been stolen; against the Statute, &c.
RICHARD WADE . I live at Deptford, and am in partnership with Job Wade and another—the prisoner Spillman was our shopman. On the 11th of December, in consequence of information, I went to the Swan Inn, near our house—I met Mr. Foley, and he showed me these twelve pairs of stockings, seventeen pairs of gloves, this sewing-silk, and these ribbons—the ribbons have my own handwriting on them—I am able to say that they are ours—I sent for the officer, and told Spillman I wished to search his box, and I there found three pairs of white cotton hose.
Cross-examined by MR. BALLANTINE. Q. You had a good character with Spillman? A. I had a written character with him—we suspect there has been a third person, who has been connected with this, who has escaped—I have made some inquiries about this matter, and I dare say Spillman has been led into this, in some measure, by some person more guilty.
JOHN FOLEY . I am superintendent of the police force in Wiltshire. I know the prisoner Spragg—he lives at Trowbridge. On Monday, the 6th of December I went to the George Inn, Trowbridge, and on Tuesday the landlord brought me a bag addressed to "Robert Spragg, slater, Trowbridge"—Spragg is a slater—on the 12th I went to Spragg's house, and found the bag with the articles which have been produced in it—I went to the post-office, and saw a letter directed to "J. Spillman, at Mr. Wade's, draper, Deptford, Kent"—when I went to Spragg's, on the 12th, I asked him
if he had any lodgers—he said, "No"—I asked if he had any goods in his possession more than he had come by in an honest way—he said, "No"—I asked if he had not received a parcel that morning—he said he had—I asked where from or who from—he said from his sister, in London—I asked where she lived—he said, "In Fore-street, London," that she was living independent, and she often sent him a parcel—I asked what—he said, "Clothes, generally"—he referred to the coat he had on, and said, "She sent me this"—I asked him where the bag was—he hesitated, and then said it was in the pantry—I looked into the pantry, and there I found this bag, which was the same I had seen before—I opened it, and pulled out these things—he said, "That can't be for me, I know nothing of it"—the bag was not sealed—Spillman is related to a man named Adams.
ANDREW CHADWICK . I keep the inn at Trowbridge. On the 10th of December, about five o'clock in the afternoon, Spragg came to me to ask if I had a parcel for him—I told him, "No"—he said he had received a letter, stating that a parcel had been sent him a few days before, and he could not account for the delay—I asked him whether it came by railroad or coach—he said he did not know, and he would send a letter that night to London, to state the delay of it, that the person he sent to might inquire the reason of the delay of it—I know Spragg's handwriting—I have seen him write many times—I believe the direction of this letter (looking at a letter,) to be his handwriting, and the contents of it too.
BENJAMIN LOVELL (police-sergeant R 15.) On the 11th of December I went to Mr. Wade's shop—I took the prisoner Spillman to the White Swan, where Mr. Foley was, with these things lying on the table and this bag—I told Spillman I would give him a caution, and what he said I should mention to the Magistrate—I then asked him if he knew anything of this carpet-bag—he said, "Yes, it is mine"—I then asked if be knew anything of the other property—he said, "I shall decline saying anything more"—I took Spillman to the station—I searched him, and found one letter on him—I asked him where the other letter was—be said, "I tore it up and threw it down the water-closet"—I got some men to take up the top of the privy and get down, and they took up this letter in pieces—(read)—"Trowbridge, December 10,1841. My dear Fellow,—You should have written to me as I wished, the moment you sent it off. I have been waiting ever since to hear from you, and am afraid to write in case all was not well. I have received nothing, and you must inquire about it. You sent anything. I have made every inquiry to no use. If you can send me anything more, enclose me particulars, or write by return of post without fail—I will do it to the best advantage I can. Send me a Dispatch on Sunday if you can. I want you to let me direct to you somewhere else. Now, you mind, I tell you, and write to me as soon as you have sent, &c. It will make us both feel more comfortable, and not keep us in so much suspense. I have no doubt you will trace the things, and write to me directly as I am doing nothing, and if you can, something more on Sunday. It will be all better, as things are very middling just now with me I can assure you. Write without fail by return of post. Yours, &c. God bless you.
"To J. Spillman, Kent."
MR. BALLANTINE to ANDREW CHADWICK. Q. Do you believe this letter to be Spragg's writing? A. I do—I have seen him write many times—I know Adams—I do not believe it is Adams's writing.
COURT. Q. Could Spragg have written this letter for Adams? A. That I must leave—Spragg may write for other persons—I have known him more than fifteen years, and never heard anything dishonest of him—I have no doubt this letter is Spragg's writing.
JURY. Q. Have you any doubt as to the handwriting? A. I am quite perfectly satisfied it is Spragg's writing—I know Adams—he lives about three miles from us—I never heard anything bad about him—a letter or a parcel could be directed to him as well as to Spragg—I believe Adams can write, from the situation he has held in the drapery line—he has lived at several respectable shops.
Spragg. This is not my writing—the bag was brought in about five minutes before the officer came—I never opened it, nor knew the contents—I never knew there was such a person as Spillman in existence till the 20th of December—ever since Adams left London and came to Trowbridge every letter and parcel for him has come in my name—Spillman knows the goods were not consigned to me.
The first part of this letter was read, as follows:—"I have been fool enough to rob my employer and am discovered. I am now in the station-house at Deptford. Tell my father, not my dear mother."
(The prisoners received good characters.
) SPILLMAN— GUILTY . Aged 20.— Confined Nine Months.
SPRAGG— GUILTY. Aged 52.—Recommended to mercy by the Jury.
Confined Three Months.
590. WILLIAM SMITH was indicted for stealing, on the 13th of November, 1 shovel, value 2s., the goods of Elizabeth Blight:—also, on the 20th of November, 1 wheelbarrow, value 5s., the goods of William Robert Earl:—also, on the 18th of December, 1 wheelbarrow, value 8s., the goods of John Healy:—also, on the 20th of November, 1 wheelbarrow, value 10s., the goods of John Pope: and, on the 21st of December, 1 wheelbarrow, value 1l., the goods of Joseph Tebby: to all of which he pleaded
GUILTY . Aged 29.— Confined One Year.
Before Mr. Justice Maule.
591. GEORGE ASHTON was indicted for feloniously assaulting Alfred Keep, on the 21st of October, and cutting and wounding him in and upon the right side of the head, with intent to do him some grievous bodily harm; the prisoner pleaded
GUILTY of a Common Assault. Aged 22.— Fined One Shilling.
SOPHIA COX . I am the wife of Thomas Cox—we live at Greenwich—the prisoner is a shoemaker and a rag and bone man. At half-past ten o'clock in the morning of the 14th of December, he came to my shop, and asked me to lend him a sack—I said I had not got one—he asked if I had
any rags or bones to sell—I said I had not—I asked him if he had got any old slippers to sell—he said he would bring me a pair—I went out in the afternoon, and left my three children at home—when I came home my little boy gave me information—I missed two silver tea-spoons—I had seen them safe before, one in the drawer, and one in the kitchen—I left them there at two in the day—I returned at half-past four, and missed them—I went after the prisoner the same afternoon—I told the policeman—the prisoner came to me the next day—I said, "You thief, you blackguard, where are my spoons?"—he went on to my mat, and I said, "Come out, you shall not drop them on the mat"—he said, "Very well," and went away—they were my husband's.
THOMAS WILLIAM COX . I am eight years and four months old. I was left at home by my mother, with my little sister and brother—the prisoner came—he said, "Is your mother at home?"—I told him no—he asked me to get a knife to cut his nails—I gave him the knife, and then he told me to get him a cup of water—I could not And any cup—I went into a shed in the yard—I left the prisoner in the house, and he followed me to the kitchen-door—I was out of the house five minutes.
SUSANNAH GRIMSTONE . I found this spoon in my own garden, in the asylum at Greenwich, between eleven and half-past eleven o'clock, on the 15th of December—I was down the garden, and heard something fall, and on my return back I picked up this spoon—my place is not near Cox's—I do not know where the prisoner lives.
BENJAMIN LOVELL (police-sergeant R 13.) On the 15th of December I went in search of the prisoner—I saw him about eleven o'clock in Greenwich-park—he was walking through the park—when he saw me he ran away—I followed him through the park, and saw him throw something small over the wall into the Asylum garden—I could not see what it was—I caught him at last, and found Grimstone with the spoon in her hand—I said to the prisoner, "There were two stolen"—he said, "I only took one, so help me G—; it is no use looking"—I looked for the other, but could not find it.
Prisoner's Defence. I only had one spoon; I kept it all night; next morning I went to give it up, and the prosecutrix would not take it. I saw the policeman in the park, coming after me, and I threw it over the wall.
GUILTY. Aged 28.—Recommended to mercy by the Jury.— Confined Six Months.
Before Mr. Recorder.
593. WILLIAM COOKE was indicted for stealing, on the 30th of October, at Clapham, I cash-box, value 5s.; 15 sovereigns, 2 crowns, 5 halfcrowns, 10 shillings, 20 sixpences, and 20 groats; the property of William Finch, in his dwelling-house; and JOHN HARDMAN , for feloniously receiving 4 sovereigns, part of the said money, well knowing it to have been stolen.
FANNY FINCH . I am the wife of William Finch, who keeps the Cock public-house, at Clapham. About a quarter to twelve o'clock, on the night of the 29th of October, I left a cash-box containing 15 sovereigns, and about 5l. in silver, on a chair in the tap-room—we were about putting the persons out of the house—I was the last person up, and shut the people out—I did not let any one in—I went up stairs without returning to the tap-room—I missed the cash-box at seven the next morning—the prisoner Cooke slept in the house that night—he was not a regular servant-we gave him no wages—he did odd jobs about the house—he was discharged next day, but not on account of this—he came back to the house afterwards, but was not in any employ—I have known Hardman some time, and always understood him to be honest till this time.
JAMES KNOWLES . I am a labourer, and live at Clapham. I was employed in the cow-house at the prosecutor's premises on the 18th of November—I found this cash-box in the cow-house—it had been covered with dirt but a dog which was with me pawed the dirt off it—it was empty, and half open—I delivered it up to Mr. Firch in the same state in which I found it.
ROBERT EMERSON (police-constable V 9.) I was on duty at the police station at Clapham, on the 20th of November, when Cooke was there—a man named Laing came in—there is a wooden partition in the station—I was on one side the partition, and Cooke and Laing on the other—I could hear what passed between them—I heard Laing ask him if he did not know who committed the robbery—he said at first he did not—Laing said, "Did not you take the money and the cash-box, and you and Hardman divide it between you?"—Cooke replied that he did, that he went into the tap-room about seven o'clock in the morning, and saw the cashbox on the chair, that he took it away up the yard, broke it open, and took the money out of it—he said he kept 6l. himself, and gave Hardman 5l., 4l. he hid in a place where they cleaned the knives, that he fetched the 4l. away another day, and he gave his sister a part of it—he said he had the cash-box in the cowshed, under the straw—after I heard that I sent for Mr. Finch, who came and charged him with stealing it—I believe Laing is a labourer, a cousin to Cooke—he lives at Clapham—there had been some inquiry about some new clothes which the prisoners had.
CHARLES EDMONDS . I was pot-boy to Mr. Finch—I know Hardman—he visited Cooke there sometimes two or three times a day. On the morning of the 30th of October, I heard that the cash-box was missed—I saw Hardman about the premises between seven and eight o'clock—Cook was in the house several times all day long—I saw Hardman in the morning part of the day in the yard, and in the afternoon in the house—he was with Cooke about four o'clock in the afternoon—he was by himself when I first saw him—I did not see whether they were talking to each other—one was coming out of the yard, and the other coming the other way, but I cannot say whether they were speaking, I was such a distance from them.
Cross-examined by MR. PRENDERCAST. Q. You saw nothing remarkable about Hardman at that time, more than another? A. No, they were acquainted with each other a little.
COURT. Q. That is, he came two or three times a day to see him? A. Yes, and sometimes he was there all day—Hardman had nothing to do there—I do not know what he is—he has a donkey, with which he goes about the common riding children about.
ROBERT EMERSON . I am a policeman. Hardman delivered himself into my custody on the 24th of December—I cautioned him against saying any thing to criminate himself—he said he wished to tell the truth—I said, "About what?"—he said, "About that affair of Cooke's and the cash-box"—a person with him advised him to say no more till he went before the Magistrate—he afterwards said he knew nothing of the robbery, but he went to Acre-lane with Cooke in the morning, and in going home Cooke pulled out a bag and gave him two sovereigns—he was afraid to take them at first, but he did, and he afterwards gave him two more sovereigns—he said he was afraid to take them, but having no victuals he took them—that he went to New Bond-street to see Cooke's sister, Cooke gave her some of the money, and then they went to a lodging, where they stopped a fortnight—I stated all this before the Magistrate—I believe it was taken down—he said all I have stated now in going along to the station, all about Cooke giving him the two sovereigns—the sister lives in service in New Bond-street—he said this before he went to the Magistrate.
Cross-examined. Q. He told you he bad heard something about this, and was come to give himself up? A. He said he came to give himself up—he never said Cooke told him he had found the money—he only said he was afraid to take it—he did not admit that he knew it to be stolen—he said he did not know any thing about the robbery—he told the Magistrate he did not know how Cooke got the money—he did not tell me he did not know how Cooke got the money—he said he went with Cooke from the Cock public-house—he did not begin by saying be did not know any thing about the robbery—he said he came to give himself up—I do not recollect that he said he did not know any thing about the robbery—I asked what he meant by giving himself up, and he said respecting Cooke and the cash-box—I then cautioned him not to say any thing to criminate himself—I did not tell him that Cooke had made a statement to me about his having some of the money—(looking at his deposition)—this is my name and handwriting.
Q. You say here, "I told him Cooke had made a statement that he had some of the money, and then be said he had four sovereigns?" A. That was before the Magistrate—he told me he did not know how Cooke got the money—I believe he said something about what time he got up that morning—Laing was not bound over—he would not go before the Magistrate.
COOKE— GUILTY . Aged 19.— Judgment Respited.
HARDMAN— NOT GUILTY .
594. THOMAS WHITE, WILLIAM WRIGHT , and JOHN COLE , were indicted for stealing, on the 20th of December, 1 funnel, value 5s., the goods of John Shaw and another, in a vessel upon the navigable river Thames.—2nd COUNT, stating it to be the goods of Joseph Shaw.
MARY SHAW . I am the wife of Joseph Shaw, who is Master of the sloop Joseph and Mary Ann, which laid at Bermondsey. On the 21st of December, about half-past eight o'clock in the evening, I was in the cabin, and heard the copper funnel moving—I went on deck, and
saw White on deck with the funnel in his hand, handing it to the other two prisoners, who were in a skiff alongside—I said to White, "You have stolen our funnel"—he did not speak, but the boys directly put it overboard into the water, and were going to shove the boat off, but a man caught hold of their boat and chained it to our vessel—they bad no business on board our vessel at all—I took hold of White's leg, and he went head-foremost into the boat—I am quite sure they had the funnel.
GEORGE MESSENGER . I am a waterman, and live in Salisbury-place, Bermondsey. I was standing at Cherry-gardens-stairs, and heard a cry of "Police"—I pushed off, and found the prisoners in Mr. Douglas's boat, astern of the Joseph and Mary Ann—they asked me to put them on shore in my boat—I refused—I went on shore, got a Thames police-officer, and they were given in charge.
JOSEPH JOHN LEWIS . I am a Thames police-constable. On the 21st of December I was hailed as I was rowing down to the Thames-police, and I took the prisoners in charge—White was in the act of putting his shoes on—they were charged with stealing the funnel, which has since been picked out of the water—it would cost about 30s.
White's Defence. I had my shoes on all the while; they were not off; I never saw the funnel.
Wright's Defence. We were coming along Bermondsey-wharf; a man met us and asked us to mind his boat, and he would give us 1d. a-piece; we were to look out for a steam-boat coming along, and then come to him at a public-house; we went where he told us, astern of this ship—the lady said, "You have got a funnel," but we had never seen it; the steamer we were looking for came by at the time, and we were going to push off to tell the man.
WHITE†— GUILTY . Aged 11.
WRIGHT†— GUILTY Aged 12.
COLE†— GUILTY . Aged 12.
Confined Twelve Months.
595. JOHN ROACH and DANIEL SULLIVAN were indicted for feloniously assaulting John Hartshorn, on the 2nd of December, and cutting and wounding him in and upon his left cheek, with intent to do him some grievous bodily harm.
MR. DOANE conducted the Prosecution.
JOHN HARTSHORN . I am in my eighty-first year, and live in Great Tower-street, and am out of business. On the 2nd of December, about twelve o'clock at night, I was returning from a friend's house, and inquired my way of a policeman, and soon after, as well as I can remember, I was hustled by two young men—having a stick in my hand, I endeavoured to defend myself as well as I could to keep them off—they closed in with me, wrenched the stick out of my hand, and knocked me down with it by a blow just by the side of my temple—I kept my bed eight or ten days after—if it had been nearer my temple it would have killed me—I had three sovereigns and a half, and some silver—I was robbed of about 5l.
Cross-examined by MR. PHILLIPS. Q. You have not charged them with robbery? A. I can only say the money was taken from me—Mr. Mitchell is tenant of the house I live in—I believe he has been there about a month—I do not know whether he is living in the house now—my recollection is very bad—I think I have come from Chelsea to-day.
Q. Where did you sleep last might? A. I must have time to recollect—I came from Chelsea, I think so.
Q. On the 2nd of December, before you left your house, did you borrow 30s. from your tenant Mitchell? A. I think he paid me the money—he had to pay me money, and I think he paid me about 2l. 10s.—it was in silver—I cannot remember where I dined that day—they took me to the hospital, being all in a gore of blood—I walked there, being led—I cannot say whether I refused to have a coach—I cannot say what o'clock it was—I cannot recollect anything about it—I was quite sober—I was never drunk in my life—I do not know the time—I can only tell you I had a violent blow on my cheek-bone—I cannot tell what I drank at dinner that day—I did not have eight glasses of sherry—I am very abstemious—I cannot tell where I spent the evening, or any thing about it—I had not been gambling at any house.
Q. Had you been playing for sweepstakes? A. I will tell you a little history of that: I applied to a person who owed me money, and he said, "I won't give you any unless you belong to,—" I cannot tell what, but a gambling concern that night, and he stopped 10s. from the money he owed me—I thought I might as well go and take a chance as not, and went—I remember I went to a house in Tooley-street—the person who owed me the money held the bank there, and is a tenant of mine—I cannot recollect his name—it is Hunt—it was a raffle—I swear I did not drink eight glasses of sherry at dinner—I cannot recollect having any quarrel in the gambling-house—I might sing a song there, I do not recollect—nobody ever saw me drunk—I can sing—many people wonder to bear one of my age sing as I do—I do not suppose I sung above one, if I did—I was in bed nine days.
SARAH BUTCHER . I live in Griffith's rents, Tooley-street, and am an unfortunate girl. I was in company with a girl named Beale on the night of the 2nd of December, between twelve and one o'clock, and saw the prosecutor coming from Stoney-lane towards London-bridge—I saw both the prisoners coming from a public-house—they were on the opposite side of the road to the prosecutor, they crossed and met him—I saw Sullivan push up against the old man, and push him against the shutters of a shop—Roach was with him—the prosecutor put up his arms to defend himself—Sullivan took him by the arm and threw him into the road—be helped him up, stood him on his legs, gave him his stick in his hand, and told him to go on—I had seen the prosecutor coming along the pavement before with the stick in his hand, leaning on it, before they came up to him.
Q. Before he was pushed against the shutters did he do anything with the stick to either of the prisoners? A. No—Roach went and pushed him down a second time and struck him on the temple and cheek-bone with the stick—Mr. Hartshorn cried out, they went away, and the police came—he was then lying down senseless, bleeding from the eye and nose—the policeman came and picked him up—I described the parties to him, and saw Roach in custody in about ten minutes.
Cross-examined. Did Hartshorn have his stick in the hand he held out towards Sullivan? A. No—it was in his right hand—he put out his left arm to defend himself as they pushed against him—he had not the stick in that hand—I had not seen Hartshorn till he was coming up the street—I did not speak to him—the prisoners were not drunk, I will swear—they appeared
as if they had been drinking when they pushed against the old gentleman, but before that they did not appear to stagger at all—I had seen them come out of the King's Head public-house—I have seen them passing in the street before, but never spoke to them—I had been with Beale that evening—she had not spoken to the prisoners—I am a woman of the town.
ELIZABETH BEALE . I live in Griffith's-rents, Tooley-street, and an an unfortunate girl. I was with Butcher about twelve o'clock on the night of the 2nd of December—I saw the prisoners, who I knew before by sight, cross from the opposite side of the road, and meet the prosecutor—they crossed over so as to come in front of him—I saw Sullivan take the prosecutor by the arm and throw him into the road—I did not see anything done before that—the prosecutor cried out—Sullivan picked him up, put him on his legs, and told him to go on—he held his stick up to defend himself—he went on a step or two—Roach was standing on the pavement—he then took the prosecutor's stick and knocked him down with it—the prosecutor called "Murder"—the policeman came to him, I told what I had seen, and they took Roach that night—the prosecutor did not hold his stick up till they went up to him.
Cross-examined. Q. Was it after they went up to him that he held the stick up to defend himself? A. It was:—I swear the hand he held up was the one with the stick in it—I believe it was his right hand—it was the hand the stick was in—I saw it quite plain—when the prisoners first came from the public-house I thought they appeared rather the worse for liquor—I do not think they staggered—they walked very well, but I thought by their expressions and manner of talking they were the worse for liquor, as I could not understand what they said.
MR. DOANE. Q. When did the prosecutor hold his hand up with the stick in it? A. When Sullivan first went up to him he held it up, because I suppose he thought they were going to meddle with him—it was as Sullivan pushed against him that he held up his stick, not before.
JURY. Q. Sullivan put him on his legs again, and Roach struck him afterwards, did Sullivan do anything then? A. He stood in the road, but took no part in the second attack—I have seen the prisoners before passing and repassing.
ROBERT IRESON (police-constable M 130.) I was on duty in Tooley-street, Mr. Hartshorn made some inquiry of me, and went on—I lost sight of him, and soon after heard the cry of "Murder" in the direction he had gone—as I went to the spot I met the two prisoners coming from the spot where the cry came from—they passed me—I went on, and soon after picked up a stick, I then saw the prosecutor lying down bleeding, and senseless almost—Rowe was with me—we dent him to the hospital—Rowe took Roach in my presence.
Cross-examined. Q. The prosecutor was almost senseless? A. Yes—I do not remember ever saying he was totally senseless—I left him with another constable—I believe he walked to the hospital—I understood be was led by two policemen.
JURY. Q. Did the girls appear to know the prisoners? A. They told me who they were by name—I have not seen them in company together.
WILLIAM ROWE . I am a police-sergeant. I was on duty in the street, and saw the prosecutor about five minutes before this happened—I heard a cry of "Murder," and the prisoners passed me—I afterwards took Roach, and told him I wanted him for assaulting an old gentleman—he said,
"Where is the old gentleman?"—I said, "He is not here; no doubt he will be at the station"—he at first refused to go, but another constable coming up he went.
COURT. Q. In what state was the old gentleman? A. He had a very large cut under his eye, and was bleeding from the nose and, mouth—I should think about a pint of blood ran from him On the stones.
JOHN BRADLY LAW . I am a surgeon, and live in Blackman-street. I saw the prosecutor at his own house about eleven o'clock next morning—I found him in a state of great exhaustion, with a contused wound on the cheek-bone—his face was much swollen, and he was bleeding then from the wound about the nose and mouth—the smaller arteries over the cheekbone had been divided—I attended him till the 17th—fourteen days—she was then removed to Chelsea, to his son, who is a medical man—his life was in danger three or four days from the wounds—I have seen the stick produced—that might have caused the wound.
Cross-examined. Q. You did not see him when he went to the hospital? A. No—his cheek-bone was broken in—it is perceptible now—I was not satisfied of it at first, it was so swollen—it is the male bone, which is the prominence of the cheek—I applied fomentations of hot water, and dressed it with a plaster to keep the wound from separating, as it could not be tied up—I gave him very little medicine—I apprehended danger from the shock to the brain, the symptoms of concussion, an intermittent pulse, and a fever which he had—that did not. subside for three or four days—it most have been a blow of considerable violence, as it is a very strong bone.
ROACH— GUILTY , Aged 22— Confined Eighteen Months.
SULLIVAN— GUILTY of an Assault only Aged 21.— Confined Six Months.
Before Mr. Justice Maule.
CHARLES EVANS MARRIOTT . I am an architect, and live at No. 74, Old Broad-street. A little after one o'clock, on the morning of the 1st of January, I took a four-wheeled cab on Ludgate-hill—it drove to Churchrow, Newington—I was with two gentlemen—we did not all three come back—we left one gentleman at Church-row, and I was taking the other home—I rode to Church-row outside—the gentleman who went with the other, went inside—as we came back from Church-row, I was inside with my friend Mr. Cutler—I told the cab-man if he would stop at the first public-house that was open, I would give him something to drink for his civility and attention—he stopped at the Princess of Wales, at the corner of Princess-street, London-road—Mr. Cutler and me both got out of the cab, and went into the house—it was a gin-shop—there were, I should say, twenty people standing in front of the bar—I called for two glasses of stout, and a glass of rum for the cab-man—after paying for the articles, as I did not wish to take any change,—I asked for some tobacco—I gave 6d. for the stout and rum, and then was asked for 1d. more—I then gave 1d. or 1 1/2 d.—the glasses of stout, I expect, were 2d. each, and the glass of rum made 6d., but having asked for the tobacco, I paid it extra—I asked for it to avoid getting change from my inside pocket—I miscalculated the amount of the whole order, and to avoid taking change
out of my pocket I asked for some tobacco, with the hopes of relieving the affair altogether, because I did not wish to pay any more but the coppen I had in my pocket—I thought 1s. would cover the whole—I did not wish to take any change—I believe I asked for a screw of tobacco: that is enough to fill a pipe with—I had not been smoking—I was going to smoke—I paid 1d. for the screw—I paid my money at the bar—I asked whether it was correct—the boy behind the bar said it was—I then turned round to go out, and was immediately seized by one man who pot his arm across my face, and I was hustled by the mob—my coat was lifted up—one of them made a snatch at my pin—I caught him, and gave him a turn, and held him for some time—I saw a man at the door with an apron on, and a leather strap, and I sung out to him, "For G—sake shut the door, this man has stolen my pin"—I was hustled here and there—the door was open, and they were gone—I was not pushed out—the person did not shut the door as I desired—he let the men go instead of stopping them—the door was on the swing when we went in—the prisoner Hardy was there—he was the man that took my pin, and the one that I caught—the prisoner Gibbs was the man that put his hand or arm before my face, and I saw Bennett in the place—I certainly did not regard him is the scuffle more than seeing him at the very moment it took place, whether he took part in it I cannot say—I believe two sovereigns to be the value of my pin—I seized Hardy, and he was rescued by the mob.
Cross-examined by MR. HORRY. Q. Was it a pint or a glass of stout you had? A. A glass—I did not notice whether it was a pint or half-a-pint glass—I generally pay 4d. for a pint, but I paid only 2d. for this—I expected to have paid 3d. for the rum, and 2d. for the glass of stout—the cab-man asked for a glass of rum—the cab was taken at Ludgate-hill by Mr. Cutler, and I got into it with him—I had come from the West-end of the town with a friend—this was New Year's-eve—I had been at a friend's in Coventry-street, Haymarket—I left the house by myself—I met Mr. Cutler on Ludgate-hill, opposite Mr. Wilkinson's—I had no one else with me—I had no one with me when I met Mr. Cutler—he had the cab at the time—the cab was driving up just as I walked up to him—I did not hear Mr. Cutler call it—I saw it draw up to the pavement—I first saw Mr. Cutler at the side of the cab—I believe I accosted him first—he was not going to get into the cab that I saw—he was directing the cab-man where to drive the gentleman he had put into the cab—I got into the cab with him, after some talk with the cab-man, relative to driving this gentleman home to Newington, I got outside—the gentleman was taken to No. 4, Church-row, Newington—he was an old gentleman—I never saw him before—he was rather the worse for liquor—I did not tell the cab-man to stop at the first public-house he came to in going—it was in returning from the gentleman's house that I told the cab-man to stop—I did not hire the cab in the first instance, and never said I did—I got on it at the request of Mr. Cutler—I should say he was quite sober—after leaving Coventry-street, I had taken a long walk, and then went to the Strand, where I had my supper at a tavern, in a street just opposite St. Clement's church, at a little before one o'clock—I had walked up Regent-street to the top of Oxford-street, where I had two cigars, and read the paper, and returned down Portland-place till I came to this house by St. Clement's church—I had called on Mr. Lambert, a silversmith, in Coventry-street, at a little
before ten o'clock—I had my supper after leaving Coventry-street, and after having the walk—before I went to Coventry-street, I was in Fleet-street, at Mr. Crow's, my father's partner—I was proceeding home when I met Mr. Cutler—I should say there were above twenty people in the public-house—I did not perceive any body go in and out but the cab-man—I should say I was in there a minute or a minute and a half before the scuffle took place, I was going to light my pipe, but it was all done at the same time—there were both men and women there—I saw Gibbs when I first went in standing by the bar, not near the door, further in—there were a great many people between him and me then—Bennett was there, standing farther in—on my first going in, I did not notice any one but Gibbs—when the hustling took place, I sung out, to the best of my belief, "For G—sake shut the door, this man has robbed me of my pin."
COURT. Q. Who was it robbed you of your pin? A. Hardy—I am quite sure I saw him do it, and it was Gibbs's hand that was over my eyes.
MR. HORRY. Q. Were you examined at the police-office? A. Yes—my depositions were taken down, and read over to me—I was asked to correct what was read to me, and I made a statement, but it was not paid attention to—I signed the deposition—the head clerk wrote it briefly, and in stating it, he made the account of the hustling in such a manner as if I had been the party that had made the first disturbance—it was his misunderstanding—I begged him to alter it—he said it was not of much consequence, or something of that sort, and that he was obliged to enter it briefly—I believe that was the only correction I asked him to make—this is my signature—(looking at it)—I persist in saying I did not hire the cab on Ludgate-hill, and that I did not tell the cab-man in the first instance to drive up to the first public-house we came to—we first went to the police station, as the policeman would not allow the old gentleman to go home by himself—I did not know the old gentleman, and would not undertake to go home with him—a discussion took place—I said I would go down to the station, and if they were satisfied, I would take the old gentleman home, and on that I told the cab-man to go to the police station—the old gentleman was a friend of Mr. Cutler's—he said he could not go with him at first—the policeman would not allow him to go by himself, and when I offered to go, Mr. Cutler said he would go too—I told the Magistrate that it was on my return I told the cab-man to stop at the public-house. (The witness's deposition being read, stated, "Between one and two o'clock this morning I hired a hackney carriage on Ludgate-hill, to go to Church-row, Newington, Surrey, and I desired the driver to pull up at the first house he came to, and I would give him something to drink—he pulled up at a wine-vaults in the London-road" &c.)
Cross-examined by MR. CHARNOCK. Q. What name did you give before the Magistrate? A. "Charles Marriott"—I did not think of giving "Charles Evans Marriott," but that is my name—I had half-a-pint of porter at my dinner on the day in question, a glass of ale in Oxford-street, a pint of half-and-half at my supper, and I believe I smoked, and then this glass of stout—that is all I had—I took no spirits—I was perfectly sober—there was some confusion during the struggle—Gibbs was before the bar, and on my turning round, he was on my right hand—he was very close to me when he put his arm across my eyes—no one was between me and him when he did that—there were others surrounding me—he had his face
towards the landlady—on my turning round, my back was towards the bar—I did not make any alarm till Hardy took my pin—the scuffle had begun when Gibbs put his arm across my eyes—I was not knocking against bin—he was shoved on me and I on him constantly—I was first on one side and then the other—I am certain I had the pin when I went there—I did not search for it on the ground afterwards—it has not been found.
COURT. Q. Describe more particularly how Gibbs's arm was put before your face? A. On my turning round I was seized by the crowd, and whilst paying attention to defending myself, his arm came across my face—hands were then put about all my pockets, and Hardy in a moment caught at my pin—I seized and held him—I should say Gibbs's arm was decidedly put up on purpose, not accidentally.
EDWARD ROGER CUTLER . I live at No. 97, Farringdon-street, and am a friend of Mr. Marriott's. Early in the morning of the 1st of January, I was on Ludgate-hill with a friend of mine—he was not drunk—he was very unwell, and not able to take care of himself—I called a cab, and pot him in, and left him in charge of a policeman on Ludgate-hill—I had gone down to Farringdon-street to a cab stand opposite my own house, and directed the cab to follow me to Ludgate-hill—I found my friend where I had left him with the policeman—I was putting him into the cab, where Mr. Marriott came up—I had hard work to get him in, and Marriott said, "Cutler, shall I assist you?" which he did, and then we went to Newington—we first went to the police-station in Black Horse-court, because the gentleman denied all knowledge of me, but he did know me very well, and the police said they could not suffer him to go home alone—he was not able to take care of himself—he was very well when he left the house with me, but when he went into the open air, it took an effect on him—he had not long been in company with me—he had not been drinking—he might have had a glass of gin-and-water, not more—he might have bad something before, probably—I was not in his company previously—he had dined with a committee of travellers—when he went into the air he showed signs of drunkenness, and denied all knowledge of me, and we went to the police-station and saw the inspectors—he knew me and my friend, living in the neighbourhood—we got into the cab, with Mr. Marriott outside, and went to Church-row, Newington, and there we saw my friend's wife—we did not stop any where on our road there—when we had deposited him, Mr. Marriott desired the cab-man to stop at the first public-house he found open, to give him something for his trouble—he stopped at a gin-shop in the London-road—there were between twenty and thirty people there—the cab-man, Mr. Marriott, and myself went in—Mr. Marriott asked the cab-man what he would have—he said, "A glass of rum," which was ordered, and we had two glasses of stout—they were regular glasses, not pint-glasses—directly we got in we were immediately hustled by the persons in the public-house, and I felt hands about my pockets, feeling me down—I particularly noticed Bennett feeling me down, and getting in my way—he was standing opposite me, and prevented my getting out—I was completely encircled in the crowd—he was the principal man in it—I felt hands all about me—perhaps half-a-dozen—we had some refreshment, in fact I gave mine away to a woman who said, "You may as well give it to me"—we were about leaving the bar—I was before Mr. Marriott, and all of a sudden I heard him sing out, "I have lost my pin," or something to that effect—we were
immediately surrounded, and stopped from getting to the door—I was seized by my Macintosh in going to shut the door, I was held back—I noticed the prisoner Bennett, but not the other two.
Cross-examined by MR. HORRY. Q. Were you standing by Mr. Marriott's side when you went into the house? A. I was in his company—I did not go far from him—there might be somebody between us—I just wetted my lips with the stout, and then gave it to the woman—I bad taken no stout before that—I had been drinking mulled wine—the prosecutor was behind me when I heard him call out that he had lost bit pin, and to shut the door—he might have said something else—I did not take particular notice—if he said any thing else, very loud, I should have heard it—I ran to the door to shut it—if he had asked me to help him, I should have done so—the whole mob was hustling me—half-a-dozen or more, for what I know—some behind me, and some in front—I bad only my money and my watch in my pockets—I lost nothing—I doubt whether they could have got my handkerchief—it was in my dress-coat tail-pocket, inside—my money was in my breeches'-pocket—I took particular notice of Bennett—he pushed backwards and forwards—he was the first man that hustled me when I went into the house—I did not notice Gibbs—I noticed Bennett directly I went in—he was not closer to the door than some of the others—when we ordered the stout, we went from one side of the bar to the other to avoid being robbed—we saw the company we were in—we were hustled before and after we had the stout—I do not know whether Mr. Marriott drank his stout—it was in coming away that he said, "I have lost my pin"—I did not tell the, Magistrate we were hustled before we ordered the stout—I do not remember, that I said any thing about it to any body—I might have done so.
JAMES CUDDY (police-constable L 20.) On the morning of New-year's—day I saw the prisoners in front of the Princess of Wales public-house among other persons—I am in the habit of looking into this house to see what sort of persons are in there, and noticed these three standing among others—I afterwards saw the prosecutor in a cab opposite the house—he was about going away—when I came up he described in what manner he was robbed—I and another constable went into St. George's-market—Mr. Cutler and Mr. Marriott went with us—we found the prisoners there with twenty other people standing at the door of the George public-house, in St. George's-market, about 300 yards from this place—I took them into custody, took them to the station, and found nothing on them.
Hardy. You saw me at the public-house door? Witness. I saw you, inside.
Hardy's Defence. I had only been in London a few days; I had been out that day, and about ten o'clock was going borne; I met a friend, who came from the same place as I did, and he asked me to go and have something to drink; we stopped at a house till about eleven o'clock; we then went to another house, and stopped till past one o'clock; on coming out he said he was going down to West Bromwich, where I lived, and bid me good night; I turned round the corner, and there were fifteen or sixteen persons standing by a public-house, with a policeman; they said, "This is one," and they picked out another man, and said, "This is another;" they pointed out a man to the prosecutor, and he said he was one of them; a person there said he knew the man to be a respectable person;
they then pointed me out to him, and he said I was one of them; I was never near the house.
JAMES CUDDY re-examined. I do not recollect any other person being pointed out as one of them—the prosecutor distinctly pointed out these three prisoners—I do not recollect a man being pointed out, and another man saying he knew him to be respectable—to the best of my recollection nothing of that kind was said—I am quite sure I saw the three prisoners in the public-house—at the time I looked in there might have been fifteen or twenty persons there—some I knew and some I did not—I should not know the others—when I looked in the three prisoners were among others standing inside—there is a certain class who go there, and these three being strangers I took notice of them—seeing them among other thieves it drew my attention to them—the prosecutor and Mr. Cutler were perfectly sober—Gibbs had a red handkerchief round his neck, and Bennett a sort of red cross bar—Hardy was dressed as he is now.
MR. MARRIOTT re-examined. I held Hardy a little more than three-quarters of a minute—he was pulled away from me directly almost—I took good notice of him—I am sure my pin was in my handkerchief when I went into the house.
MR. CUTLER re-examined. I saw the prosecutor's pin in his handkerchief.
NOT GUILTY .
Before Mr. Recorder.
597. SOLOMON LAZARUS was indicted for feloniously receiving of an evil-disposed person, on the 26th of November, 2 looking-glasses and stands, value 1l. 7s.; and 1 looking-glass and frame, value 30s.; the goods of Abraham Crawcour; well knowing them to be stolen; against the Statute, &c.
DANIEL FRANCIS GARDINER . I am in the service of Abraham Crawcour, of Lower Marsh. I have seen two chimney-glasses and two swing glasses with my mark on them—they are worth 2l. 17s.—I saw them safe in my master's shop in November, and I think on the 26th—I went to No. 6, St. George's-market, and saw the prisoner coming down the stain—Brook was with me—we went up stairs, and I saw Brook find some duplicates, one relating to a glass pawned in the London-road—I found a chimney-glass and a swing-glass in the room below, which I knew to be ours—the prisoner said he had bought them twelve months ago of a hawker—I did not listen to the conversation, for I was not exactly in the room at the time, I was in the yard—the signature to this deposition is my handwriting—it was read over to me.
Cross-examined by MR. CLARKSON. Q. Do you keep these sort of things in the shop? A. We have had a good many of the same kind—I do not always mark them in the same sort of style—my mark is "30" at the corner on this sized glass—this large glass was fitted up in the ground-floor of the prisoner's house—I know the one found at the pawnbroker's by this flaw at the corner, that is all—it is the make of the glasses we sell, and I think it is one I have lost—I lost one that size in November—we sell a great many of them, I cannot say how many, for we have five shops in the trade—I can say these were our property, but whether they were in our possession at that time I cannot say—this third one was found in the prisoner's parlour—there is "21" and "22" on that, which means the size of the frame—that is my handwriting—it had the mark of "20" when it went from me, but that is not on it now, if it is the same glass,
or it has a new back to it—the "20" was in pencil—all the glasses of this size on our premises would be marked "21" and "22"—I swear I had one like it in our shop—on looking over my stock-book I find we have sold several of that size, which would have the same marks, several within eighteen months or two years.
COURT. Q. Did you lose the one with a flaw after the 25th of November? A. I would not be bound to swear this is the bubble which I had noticed—since we have lost it I have looked over the stock, and find we hare sold a quantity of the same description—I have doubts about it—we lost three exactly the same size, and with the same marks on them, but all of that size are marked the same.
NOT GUILTY .
Before Mr. Common Sergeant.
MR. PHILLIPS conducted the Prosecution.
JOHN DAVIES . I am a draper, and in partnership with Henry Edwards—we live in Bridge-road, Lambeth. The prisoner was in our employ as an upholsterer at the time of this charge—he kept a private account with us, and bought things of us—the account had been balanced, and there was a balance due to us—we never gave him authority at any time to dispose of, or to pledge any property of ours—he was given into custody on our premises—I told him he was guilty of stealing goods, and I must give him in custody—he said, "I hope you will not give me into custody, I shall be able to get the things out"—I was willing to give him indulgence for a few days, but finally gave him into custody—I saw the piece of damask in question—this is it—(looking at it)—it is our property.
Prisoner. Q. Was not that property entered for me to take out in the regular book? A. It was entered to a customer for you to show it them, and you did not do so.
CHARLES DAVIES . I am the brother of John Davies, and am in the employ of Davies and Edwards. On the 4th of December I went to Mr. Attenborough's, and found the prisoner there, and this piece of damask—Mr. Attenborough said in his presence there were several things pledged there—I said I had long suspected him—the prisoner said, "I beg you will be lenient; if you will come with me to my house I will give you up the duplicates of all the goods taken from your house."
GEORGE GILL . I am in the service of Mr. Richard Attenborough, of Bridge-house-place, a pawnbroker. On the 29th of July this damask was pledged by the prisoner—my master gave information to Mr. Davies, and by means of that the prisoner was subsequently taken.
JOSEPH KENT (police-constable L 164.) On the 6th of December the prisoner was given into my custody—he said he was in hopes Mr. Davies would not give him into custody, and said, "If you will let it remain two or three days I shall make it up?"—he also said, "I dare say I shall be transported for this."
Prisoner. I said if these things were proved against me I should be transported. Witness. He said, "I have no doubt I shall be transported"—I said, "What can you expect after you have been robbing your employers to that extent, as I have understood from your employers, it is to 2l. or 3l. a week?"—I did not say that all they could do would be to make it illegally pawning—I did not ask him if anybody saw him steal the goods.
Prisoner. He certainly did say so. I was sent to show the goods to a gentleman; he was not at home, and then they were taken to the pawnbroker's; but I did not take them clandestinely, nor did I steal them. I was not a servant of theirs; I was receiving no salary; I was merely paid by the job for what I did, sometimes at my own house, and sometimes at theirs.
Prisoner. I was only so when I was at work. If I did a job I was paid. When I went with these goods I should not have been paid for it
GUILTY .* Aged 38.— Transported for Seven Years.
There was another indictment against the prisoner, who has been previously convicted; and the total amount of money advanced on the goods pawned was 150l.
Before Mr. Justice Maule.
ROBERT LOUGH . I am a cabinet-maker, and live in Henry-street, Kennington-lane—I have a piece of ground at Battersea. On Sunday, the 12th of December, I saw a hole in the wood-work at the back part of the summer-house—it was big enough for a man to get in—I had seen it safe the Sunday previous—it was fourteen or fifteen inches from the ground—I missed two guns, a drawing-knife, four spoons, a rack-saw, a spade, and a three-pronged table-fork—there was a door to the summer-house, but I left it locked—they could not get in at the windows without breaking the windows, and they were fast.
WILLIAM READ (police-constable V 18.) I took Skinner on the 14th of December, at his own house—I told him I wanted him for the robbery of the gun and other articles—he said he went with Bulger and pledged the gun at Rowe and Marshall's, in Wandsworth-road—I went to Bulger's house, at Battersea—he rents a room there—I found this gun, saw, drawing-knife, and spoon there.
Bulger. Why did not you take Brocken, the man I said I had them of? Witness. I went to his room the same night, but found nothing—I told the Magistrate—he said, "It is not your case to bring Brocken up, it is the prisoner's"—I went to his house directly Bulger's case was over.
WILLIAM BREWSTER . I am assistant to Rowe and Marshall, pawnbrokers, in Wandsworth-road. On the 10th of December, a man, who I believe to be Skinner, pledged this gun for 4s., in the name of John Skinner—he gave his name and address properly.
WILLIAM LEE (police-constable V 38.) I took Bulger in his room, near Battersea, on the 14th of December—I said I wanted him for felony of a gun—he said he had got no gun, but he pawned the gun, and sold the
duplicate—I asked why he sold the duplicate—he said, "It is no use to tell you any lies, I have sold the gun out and out; but I did not want my wife to know."
(Property produced and sworn to.)
Bulger's Defence. I thought they were got quite honestly; I had not the least idea they were stolen.
Skinner's Defence. I met Bulger in the morning, he was going as far as Chelsea-college. I was going that way; he had got a gun he was going to pledge; I went with him, and pawned it. I gave my own name and address, as Bulger told me to do.
NOT GUILTY .
Before Mr. Common Sergeant
600. ELIZABETH REDMAN was indicted for stealing, on the 22nd of September, 2 gowns, value 5s.; 3 aprons, value 1s.; 1 printed book, value 6d.; 1 shift, value 1s.; 2 frocks, value 9d.; 2 yards of crape, value 1s.; and 1 yard of silk, value 2s.; the goods of Mary Campbell.
MARY CAMPBELL . The prisoner lodged in Charles-street, Lambeth—I left my box locked up there—it contained the things stated—I unlocked the box, and missed a gown—I said, "Some one has been at my box"—the said she had opened it herself with a false key, and had pledged the gown—I afterwards missed these other things.
Cross-examined by MR. DOANE. Q. How long is it since you were lodging with the prisoner? A. Last January—I was in distress, and was obliged to go into the workhouse—I had one child living with her in bet room—her husband is a coach-maker, and she has one child—she was kind to me—I did not engage to pay 2s. a week—I asked her to take care of this box for me—I did not say she might use any of these things—her husband has been taken for debt, and lodged in jail.
COURT. Q. Are either of these gowns the one you first missed, and which she said she took? A. No.
NOT GUILTY .
601. ELIZABETH REDMAN was again indicted for stealing, on the 25th of September, 2 sheets, value 8s.; 2 blankets, value 4s.; 1 table-cloth, value 2s.; and 1 towel, value 1s.; the goods of Samuel Tozer.
EMILY CAROLINE TOZER . I live in Brad-street, Lambeth. On the 20th of September the prisoner took an apartment of me—the things stated were in it—she left on the 5th of October—finding she did not return, I opened the door and missed these articles.
Cross-examined by MR. DOANE. Q. Are you married? A. Yes—my husband's name is Samuel—the prisoner was with me six weeks—she had no child with her—these things, are marked.
Cross-examined. Q. How long have you known her? A. Eight months—she was in great distress.
GUILTY . Aged 32.— Confined One Year.
Before Mr. Justice Maule.
SAMUEL BECKWITH . I am a smith, and live at Hoddesden. On the 28th of November I had a mare in Hoddesden-marsh—I saw her safe at eleven o'clock that morning—I missed her on Wednesday, the 1st of December, about ten in the morning—I went on the Friday following to Mr. Large's stables, at Lambeth—I saw my mare there, and got her back—she is worth 10l.—the prisoner was servant to a horse-dealer in our town about eighteen months ago—he went by the name of Adam Mumford.
Cross-examined by MR. PAYNE. Q. What was the name of the horsedealer he was servant to? A. Thomas King—I am sure the mare is mine—I had not used it often for my own use—I had seen it twenty times in the last three or four months—it had three white legs and a white face—I had been in the habit of shoeing it for two years before it was mine.
THOMAS THEAKE . I live at the Fisher and Eel public-house, opposite the mead at Hoddesdon. On Monday, the 29th of November, I saw the prisoner at the house—I bad not seen him before, but I am sure it was him—he was there between five and six o'clock in the evening—I cannot say what time he came—he asked my master who that mare belonged to with the white face and three white feet, which was over the bridge in the mead—my master said he did not know, except it was Beckwith's—the prisoner said King had sent him down after it, to get it up for him, while he was gone to Harlow fair—when he left our house he went over the bridge.
Cross-examined. Q. What makes you sure the prisoner was the man? A. His face—I might be with him half an hour—I was sitting down while he had the conversation with my master, who was having his tea—the prisoner was having a pint of beer—I have to look after the lock.
EDMUND LARGE . I am a green-grocer, and live in Lambeth-walk. On the 30th of November a mare was brought to me to be changed—I changed it for another mare—I should know the man who brought it, if I were to see him—I should say it was not the prisoner, decidedly—I afterwards found my mare in a knacker's-yard—I then supposed the other mare was stolen—I went to Smithfield and gave notice to the horsedealers, and through that Mr. Beckwith heard of it, and claimed it.
WILLIAM GORDON . I am a coal-dealer, and live in Bird-street, Lambeth. I was present when a man gave Mr. Large another mare for his—the prisoner, to all appearance, is much larger than that man—he was quite a slim boy chap.
(RICHARD LETCH, being called on his recognizance, did not appear.)
JAMES EVES (police-sergeant H 14.) On the 3rd of December I was in Whitechapel-road, between eleven and twelve o'clock at night—the prisoner came out of the Royal Oak public-house, and I took him—I asked what his name was—he asked what I wanted to know for—I said I had a reason for asking him—he said he should not tell me—I asked where he lived—he said in London—I asked what part of London—he said, "Any where"—I then told him I believed his name to be Adam Mumford, and he was wanted for stealing a mare from Hoddesdon-marsh—he said he knew nothing about it, his name was George Johnson—I
said he had better walk to the station—he said he should not go—I said he must—he said, "Then you must carry me"—I took hold of his arm, took him to the corner of the New-road, and gave him into the custody of a constable.
NOT GUILTY .
Before Mr. Common Sergeant,
FREDERICK HEINEMANN . I keep a coffee-house in Tooley-street—the prisoner was in my service for three weeks—in consequence of some circumstance I marked four shillings, five sixpences, and two pence halfpenny in coppers on the 13th of December—I put them into the till between eight and nine o'clock in the morning—it was the prisoner's duty to be in the shop where the till is from five in the morning till ten at night—I examined the till again about eleven o'clock—I had then lost 1s. 4 1/2 d.—I sent for a constable—the prisoner was searched in my presence, and 4 1/2 d., was found on her, which had the marks I put on it—I searched the till—she did not take any change out to give to any customers—I served all the customers that morning myself—it was possible for her to take out this money without my seeing her—there were two boxes neat the bar where I was serving the customers—the prisoner had to do her work in the bar, near the till—she received nothing for fees, that I know of—she did not wait at all during that time—there was no other money in the till but the marked money.
Cross-examined by MR. BALLANTINE? Q. What was the prisoner's duty? A. She was a servant of all work—she had no change to give—she had 6l. a year—when I looked into the till, at eleven o'clock, there 1s. 4 1/2 d. deficient—she did not leave the bar from the time I put the money into the till till eleven o'clock—I wanted to detect her, and took care she should not go out of the way to conceal it.
JURY. Q. What did you take during the time? A. What I took I put into my pocket—I was in or near the bar during that time—I did not see her take the money out of the till, but I found the marked money on her—the till was not locked—if a customer came in we should not take her from her work to serve—she went to her bed-room afterwards.
(The prisoner received a good character.)
GUILTY. Aged 24.—Recommended, to mercy,— Confined Four Months.
ADJOURNED TO MONDAY, JANUARY 31ST, 1842.