CENTRAL CRIMINAL COURT.
FOURTH SESSION, HELD JANUARY 31ST, 1842.
MINUTES OF EVIDENCE,
Taken in Short-hand
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, January 31st, 1842, and following Days.
Before the Right Honourable JOHN PIRIE, LORD MAYOR of the City of London; Sir Edmund Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Williams, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Cresswell Cresswell, Esq., one of the Justices of Her Majesty's Court of Common Pleas; Sir William Heygate, Bart.; Matthias Prime Lucas, Esq.; Sir John Key, Bart.; and Thomas Kelly, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Michael Gibbs, Esq.; John Johnson, Esq.; Sir James Duke, Knt.; and Thomas Farncombe, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
PIRIE, MAYOR. FOURTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**), that they have been more than once in custody—An obelisk† that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 31st, 1842.
First Jury, before Mr. Recorder.
MR. PAYNE conducted the Prosecution,
MICHAEL HENRY HART . I am a slop-seller, and live in Ratcliffe-highway. I only know the prisoner by his coming once or twice to my house—he called in company with a person, who he called William Bouch, on the 20th of December—the prisoner said, "I have a claim here for you, Mr. Hart, for a man that wants to sell; I know this man to be correct; I have brought him down to you; he is going to sea as steward of a ship; he has a claim of 64l. odd shillings, (I think 14s.—the prisoner said all this) on the Portuguese government;" he at the same time produced this paper, which he called an award paper—(read)—No. 1, "65l. 14s. 4 1/2 d. exclusive of interest. William Bouch—Office of Mixed British and Portuguese Commission, 94, Mount-street, Grosvenor-square, 28th October, 1841. Claim 254. We are desired by the Commissioners to request your attendance at this office, between the hours of one and four p. m., on Tuesday or Thursday next, that you may be made acquainted with the award the Commissioners are prepared to make on your claim, as per margin, and be enabled to avail yourself of the privilege defined in Article 40 of General Rules. Sighed by J. H. Barrow and—Volney, Joint Secretaries of the Commission—27, Tabernacle-walk, Finsbury-square"—I said to the prisoner, "Do you know this paper to be correct?"—he said, "Perfectly so, I know the whole to be correct; I made out Bouch's claim myself for this amount" handing me a paper from his pocket, he said, "This paper is in my handwriting, I made out the claim myself"—(read)—No. 2, "Went out 14th December, 1831, under Colonel Hodges and Williams, on board the Edward barque; discharged, December, 1834; corporal, July 1833; transferred to the Villa Flora brig, as master-at-arms, discharged from such without any pay except what is here stated as prize-money. From 14th December, 1831, to 1st July, 1833, 564 days at corporal's pay, at 2l. 11s. per month, 55l. 7s., 10d.;—from 1st of July, 1833, to 31st
December, 1834, 549 days, as master-at-arms, at 3l. 5s. per month, 63l. 14s. 4d.; six months gratuity, 19l. 10s. Total, 138l. 12s. 2d. Received as under—At Bell Isle, 5l. 10s.; Western Islands, 4l.; on board fleet of discharge, 8l. 12s.; total, 18l. 2s. Balance, 120l. 10s. 2d. Seven years' interest at five per cent. Total, 162l. 10s. 2d. Award, 65l. 14s. 2 1/2 d.; interest, 22l. 19s. 11 1/2 d. Total, 88. 14s. 2d. Balance, 73l. 16s.—"I then asked him whether he knew the man to be William Bouch—he said, "Perfectly well, for I was out with him myself in the war of liberation; I was a comrade of his"—a friend of mine, named Joseph, happened to be sitting in my shop, and said in the presence of Leslie and Bouch, "If I was you, I would have a proper identity as to the man, as the money must be lying some time."
Q. What identity? A. That the man was William Bouch—he said I should have a certificate from some of the officers—the prisoner then said, "You can easily have that, as Colonel Williams is in town; I will go and get a certificate for you from him, to show that this man is William Bouch"—I said, "After I get the certificate, we will then talk the thing over"—they went away that night—this was Monday—they both came together next day (Tuesday)—Leslie gave me the paper produced,—(read)—No. 3—" 21st December, 1841. I hereby certify that William Bouch went out in the Edward barque with me, 14th of December, 1831, in the Portuguese service. The date of his discharge I do not know, as he went on board the fleet.
ROBERT WILLIAMS , late Colonel, P. S.—"I said I did not like the appearance of the thing, I did not want to purchase—there was no time fixed for the payment of the money—I asked what they wanted—the prisoner said 40l.—I said I did not want it, and asked what they wanted for it—the prisoner said, "We will take 40l."—I said, "That is a great deal too much to throw away at present; it is quite a speculative thing"—Bouch said, "I will take 35l. for it"—after we had talked the thing over some little time, I agreed to give them 30l., 12l. of which was to be in clothes, and 18l. in money—this was on the Wednesday—they went away on the Tuesday night after producing the certificate—on Wednesday they came again, both together—some part of the conversation about the 40l. was on the Wednesday, and some on the Tuesday—it was on the Tuesday that it was said 18l. was to be given in money and 12l. in goods—they went away after that—I did not say any thing before they went away—they came again on Wednesday, because we had not come to any thing, we had not arranged—on the Tuesday the prisoner said, "Bouch wants to borrow 10s. of you, but he does not like to ask you, and he will leave the papers if you will let him have it to-night"—that was after the 12l. in goods and 18l. in cash was talked of—I advanced the 10s., and the papers were left—nothing more was said on Tuesday—on Wednesday they came, and the agreement was closed at 30l.—I said, before I parted with any more money, I must have an office power of attorney, and likewise I should expect Bouch to execute a bill of sale to me, a power of attorney—the prisoner pulled out a printed form from his pocket and said, "Here is one of the office powers of attorney ready for you," and gave it to me—Mr. Josephs was present at the time, and he began to fill up the power of attorney—it was a blank which the prisoner produced it—Mr. Josephs said, "I cannot go any further with it to-night; I find it must be certified by some housekeeper who knows the man to be William Bouch, and likewise by a Magistrate"—the prisoner then said,
"If you will leave all that to me, Mr. Hart, I will get that done for you"—I said, "Very well, you had better do that, and come down to-morrow night," and they then went away—they came again on Thursday together, and when we got into the parlour the prisoner pulled out the power of attorney from his pocket, and handed it to me—it was the same thing I have been speaking of, the office power—(looking at paper "No. 4," produced by Mr. Barrow)—this is it—it has Mr. Joseph's writing on it, which he was filling up—it purports to be signed by a Magistrate, and also by a housekeeper.
(Paper No. 4 read)—"Claim No. 254, received 19th October, 1841; The Commissioners appointed by the Governments of Great Britain and Portugal respectively, to be a mixed British and Portuguese Commission for investigating and adjudicating on the claims of British subjects employed in the naval and military service of Her Most Faithful Majesty in the late war of liberation. Whereas I, William Bouch, formerly a petty officer in the Donna Maria Secundo, have appointed and constituted, and do hereby declare Michael Henry Hart as my agent and attorney in all matters connected with my claims on the Portuguese Government of whatsoever kind, on account of my services in the late war of liberation: I hereby authorize and empower the said Michael Henry Hart, of Ratcliffhighway, in the county of Middlesex, slop-seller, to appear before you, the said Commissioners, and on my behalf to settle all manner of accounts in respect of my claims, and to receive from you all such titulos, documents, or other certificates of debt, pay, arrears, gratuity, pensions for wounds, compensation or awards, as you the said Commissioners shall, after finally investigating my claims, adjudge to me: and I hereby empower and authorize the said Michael Henry Hart to exchange receipts and acquittances for the same, and to do all other acts in relation thereto in as full and authentic a form, and in as binding a manner in all respects, as if I were present and personally consenting to the same. In witness whereof I have hereunto subscribed my name, on the 23rd December, 1841. (Signature) WILLIAM BOUCH, (residing at) No. 12, Church-street, Lissongrove."
"I hereby certify, that I personally know the above subscribing, and have seen him sign the above declaration. (Signature of housekeeper) ROBERT THOMAS, butcher, (residing at) No. 146, Edgeware-road." "I hereby declare the above parties have appeared this day before me, and signed the above declaration." (Signature of the Magistrate for the metropolitan police district, said to be like "Hardwick")
MICHAEL HENRY HART continued. When the prisoner produced that paper to me, he said, "I have got it done for you nicely now, Mr. Hart"—I looked at the Magistrate's name at the bottom, and asked him who was the Magistrate that signed the paper—he said he thought it was Mr. Maltby—I then said, "See what things you want, and we will get this business settled"—speaking to the prisoner, and likewise to Bouch—they were both present—Bouch went into the shop, returned in three or four minutes, and said, "I want money very badly, I can't take more than 10l. worth of clothes"—I said, "I won't alter the agreement; I agreed with you to take 12l. worth, and I won't give you more money than I arranged for"—the prisoner and Bouch then went into the shop together, and after they had selected what things they wanted, they came back into the parlour,
and the prisoner said, "We hare taken very near to the amount; you must not stand hard with the man for a few shillings, because he wants money"—he said they had taken to the amount of 11l. or 12l., a few shillings short of 12l.—I said, "Now how much money do you want to-night? because I shall not give you all the money to-night, before you go up to-morrow morning to the Commissioners to have the power properly registered in my interest"—(I said so to the pair of them—they were both sitting in the parlour at the time)—the prisoner said, "Give the man 10l. to-night"—I said I would not give him 10l. to-night, I would make it up to 20l. altogether, clothes and cash—I gave him 7l. 15s. 6d. in cash altogether, including the 10s. I had given him before—some of the money was in sovereigns, and some in silver—I said, "To-morrow morning go up along with Mr. Josephs, my friend, to the Commissioners, and satisfy the Commissioners that you have sold your claim to me, and have the power registered in an official way, as it ought to be done, and then Mr. Josephs will pay you the balance of the purchase-money"—the prisoner said, "You have no occasion for all that, Mr. Hart; you don't think I will deceive you"—I said, "I will have it done in a proper manner"—I did not let them have any more money that day—I sent Mr. Josephs next morning, but did not go myself—I most forget the goods which they got—my recollection is not very good—there was a jacket, two pairs of trowsers, six white shirts, two waistcoats I think, a coat, handkerchiefs, and stockings—altogether I paid them in money and clothes 20l.
Q. Was any thing said about an assignment? A. Yes, we had the assignment done at that time—this is it—(producing it)—it was done on the Thursday—William Bouch signed it, and two of my neighbours witnessed it—neither of them are here—it is what he called an assignment—it is not stamped—the prisoner and Bouch arranged to meet Mr. Josephs next morning, at twelve o'clock, at a public-house that was named, close to where the Commissioners hold their sittings, in Mount-street, Grosvenorsquare—I did not know Bouch before—he took no part in it—I trusted to what the prisoner said—he said this was a special case of his own—I certainly should not have let them have the goods and money without the prisoner's representations, made in Bouch's presence.
Cross-examined by MR. BALLANTINE. Q. You all yourself a slopseller? A. Yes—I sell old and new clothes—not old bottles, or any thing of that kind—I am a wholesale and retail slop-seller—I am licensed to sell watches—I sell telescopes, quadrants, and any thing in the sea line—I have lived twenty-three years in my own house there—it was on the prisoner's representations that I parted with my goods, and nothing else.
Q. How came you to require a certificate? A. It was the view of Mr. Josephs—I had not paid any money before the certificate was produced.
Q. On your oath, would you have paid a single farthing if that certificate had not been produced? A. Yes, I should perhaps, I might cetainly—if Josephs had not suggested it, perhaps I should not have asked for it—he suggested that I ought to have a proper identity of the man, and on that I required a certificate from his commanding officer, or somebody who knew him—I think I should have parted with my money if the certificate had not been produced—Mr. Josephs impressed it on my mind—that was the only view I had on it.
Q. Had they any money whatever before this certificate was produced? A. They had, on the Tuesday night—I think the certificate was produced on the Tuesday, as far as my recollection serves me, but my recollection is very bad—I think it was after the certificate had been produced that I paid the 10s., as far as my recollection serves me—the certificate was not the security in my mind, for advancing it.
Q. Then what did you require the certificate for? A. It was merely the view of Mr. Josephs—I did not suggest it myself—he suggested it and required it—I can only say I should not have parted with a shilling if it had not been for the prisoner's representations urging me so strongly to do so—I think I should have parted with it if the certificate had not been produced—I did not refuse to pay them the money until it was produced—I think it was on Monday that I told them to bring the certificate—I never told them I would not advance any money until the certificate was produced—there was no money asked for then—after Mr. Josephs had suggested it, I said, "Bring the certificate, and then we will talk the business over"—I only knew the prisoner before by his writing a letter for me—I did not know that he was a person who forwarded the claims of parties on this commission—I only know it from what he told me—I was not acquainted with it myself—I knew nothing of him—Bouch is gone off, and I have never seen him since—he had all the money—I have tried to find him, but cannot.
AARON JOSEPHS . I live in Lower Chapman-street, St. George's. I was at Mr. Hart's when the prisoner and Bouch were there—an offer was made to dispose of a certain claim on the Portuguese government for services rendered in the war of liberation—the prisoner said he knew the man was entitled to certain monies—an appointment was afterwards made to go before the Commission on Friday, the 24th of December—I saw the prisoner and Bouch that day—Bouch went in with me to the office of the Mixed Commission, and the prisoner followed me in shortly after—I produced this power of attorney (No. 4) to Mr. Younghusband, one of the clerks, (the prisoner was in the office, and near me,) and requested him to be kind enough to register it—Mr. Younghusband requested me to lay it on the table, and it would be registered in due course—I then requested him to tell me if it was all right—he asked me the name—I told him William Bouch—he immediately said he did not recollect that name—I then handed the power of attorney to him—he referred to the register and said there was no such name as William Bouch—he then asked me the number of the claim—I told him 254—he referred to that number and said it was wrong, there was no such name in 254, and requested I would produce the award paper, which I did—this is it (No. 1)—he said there was some mistake in it, he could not find any such claim—the prisoner then said that he knew Bouch had a claim, that Dr. Blundell bad made it out, and sent it in for him—the prisoner proposed that Bouch should go to Dr. Blundell's, and get the letter that conveyed the award paper to the doctor, to which I objected, and said he had better remain till the matter was cleared up—Mr. Younghusband then left the lower office, went up stairs, and returned shortly after with Mr. Barrow—Bouch had then gone—while I was talking to a gentleman in the office, my back was turned, and he left—I have never seen him since—Mr. Barrow said, in the prisoner's presence, that he felt this a case to be laid before the Commissioners, and Mr. Younghusband said there was no such claim in the office—after
stopping some time, while I was in conversation with Mr. Barrow, the prisoner went away and returned with a written paper, which he said he had brought from Dr. Blundell, and he distinctly stated, in Mr. Barrow's presence, that he knew Bouch had a claim, that he had gone abroad with him, and served with him.
WILLIAM ISAACS (police-constable K 223.) I took the prisoner into custody on Monday, the 27th of December—he was pointed out to me by Mr. Josephs—after taking him to the station, I told him what he was charged with—he said it was through being a friend to another man, who had gone to Bristol to get a ship—I searched him, and found 1l. 15s. 6d. in silver, and some coppers on him—I inquired for Bouch about the neighbourhood of Lisson-grove, but not at No. 12, Church-street.
JOHN HENRY BARROW, ESQ . I am a barrister, and am British Secretary to the Mixed British and Portuguese Commission—the office is No. 94, Mount-street, Grosvenor-square—the title of the commission is, "The Mixed British and Portuguese Commission, for investigating and determining the claims of British subjects, who served in the war of liberation, on the Government of Portugal;" (and the commission is constituted under a convention of the ministers of the two governments)—"for services performed for Donna Maria II., Queen of Portugal"—it is a mixed commission, partly British and partly Portuguese—(looking at paper No. 1.)—this is one of the forms of a notice to claimants, to come in and hear the award—it purports that the Commission have come to a certain determination, subject to any objection which the claimants on coming in may make—the sum in the margin is the award which the Commissioners have determined to be due to the claimant, subject to objection, which is the privilege defined in article 40, alluded to in this form—this would intimate that the claimant was entitled to the sum in the margin, if he was content to take it—he might possibly get more, but he would certainly be entitled to that sum, if he did not object to it—I never saw the prisoner, to my knowledge, except at the time when I was called down, and saw him at the office—we have a claimant of the name of Peter Click—I hold his original power of attorney, and his subsequent appointment of a person named Leslie to be his attorney—the number of Click's claim is 154—the original amount of the claim was about 65l., the award was 15l. odd—if Click appeared by agent, the award paper would, in the usual course of business, be delivered to his agent; and if he appeared himself, it would be delivered to himself—this power of attorney would authorize Leslie to receive the award paper—this is the power constituting Leslie his attorney, subsequent to the revocation of the first power—I have examined this paper (No. 1,) and can distinctly discover an alteration on the face of it—the party to whom it is addressed is placed in the wrong part of the paper, and there is decidedly an alteration in the sum itself.
Cross-examined. Q. Did you ever see the person called Click? A. I cannot undertake to say, in the immense multitude of claimants which we have—I have ascertained that a person named Click did make a claim, from reference to our books—I have no personal recollection of issuing that claim myself, except from its having my own signature on it—I can merely infer that this was issued to Click from the usual course of business—I cannot tax my memory as to having done any business with Click—my signature would only show that this is a claim which was issued by myself, in the usual course of business—without reference to books I cannot say
that this was issued in favour of a person named Click, for this simple reason, the name of Click is gone.
MR. PAYNE. Q. Can you say whether it was ever issued from your office in the name of William Bouch? A. Certainly it was not.
COURT. Q. Is there any appearance remaining by which you can detect any name in whose favour it was issued? A. The only appearance is what I may call a sort of contingent evidence—the No. 254 has been altered from 154, which was the number of Click's claim, and the 15l., which was the amount of Click's award, has been altered to 65l.—we have no claimant named Bouch.
AUGUSTUS FREDERICK LIKGLEY . I am a clerk in the office of the Mixed Commission. This paper (No. 1) has my writing on it—I made it out originally-—the name of Bouch was not then in it—it was written on the 28th of October, which appears by the date of it—I remember writing it perfectly well—it is part of my duty—the original name has been erased from the paper, which is very evident, by some kind of acid, and this "William Bouch" introduced in a new place—that is not my writing—my figures were 15l. 14s. 4 1/2 d., and now it stands 65l. 14s. 4 1/2 d.—the I has been converted into a 6—the number of the claim was originally 154, but the I has been converted into a 2, and it now stands 254; and I think the address was originally, 17, Tabernacle-walk, but it has been altered to 27—I do not know in whose handwriting the alterations are.
Q. Can you tell of your own knowledge and recollection what name was originally in that particular paper? A. Peter Click—in my own handwriting.
Cross-examined. Q. From your own recollection you can tell that distinctly, can you? A. Yes—I have not looked at any book to refresh my memory, because I had no need to do so—these are papers of importance—I look through the books almost every day, but I have not looked at them for the purpose of refreshing my memory upon this point—I have looked to see whether any person of that name was contained in the books, but before I did so I had a decided knowledge of giving that paper to a person named Click.
ROBERT THOMS . I am a pork butcher and tripe dresser, and live at No. 146, Edgware-road. The signature, "Robert Thoms, butcher, 146, Edgware-road," to this paper (No. 4) is not my signature—there is no other Robert Thoms, a butcher, living at 146—I do not know a man named Bouch, living in Church-street Lisson-grove.
ANN WILLIAMS . I am the wife of Robert Williams, who was a colonel in the Portuguese war of liberation—I know his handwriting—this certificate (No. 3) is not his handwriting—the prisoner called at my house with another person to ask for a certificate—the colonel was ill in the country at that time, and continued so for about a fortnight—I am quite sure this is not his writing.
MR. HART. re-examined. The prisoner represented to me that he or Bouch would execute to me a good and valid assignment of all the money due to him for the service—that was done before I parted with the money and goods—I do not think I should have let him have had either money or goods without they had made out at the time what I thought to be a good assignment—that was done on the Thursday evening—I had advanced the 10s. before I got that paper.
MR. BALLANTINE called
the regiment the prisoner formerly belonged to, and served in Portugal—I have known him since 1831—he went out with me then, and through his good character was promoted to the rank of sergeant—his character was always honest and trustworthy.
COURT. Q. Do you know a man named Bouch? A. I recollect a man of that name in the regiment.
(Charles Morgan, cabinet-maker, Hosier-lane; and Mary Jones, wife of a builder, No. 5, Earl-street, Lisson-grove, also deposed to the prisoner's good character.)
GUILTY . Aged 25.— Transported for Seven Years.
NEW COURT.—Monday, January 31st, 1842.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 40.— Confined Four Months.
GUILTY . Aged 20.— Confined Four Months.
MR. PHILLIPS conducted the Prosecution.
EDWARD CHILDS . I am wagoner to Mr. Rayment—I came to London on the 11th of January, and received, amongst other things, twelve bales of bacon, which were in sacking—they were placed in the hind part of the wagon, and fastened with chains and ropes—I left London and arrived at the Black Horse, at Enfield, about half-past seven o'clock in the evening—I took the horses out, and at that time my wagon was safe as I brought it from London—I took a light and looked round it—the wagon was then before the door of the Black Horse—I then went into the parlour, and was there three quarters of an hour or an hour—the two prisoners were there, drinking together—Maddames went out for about ten minutes—he then came in again, then went out, and was out about the same time—he then went out again, and was out about half-an-hour—each time when he came back, he began to talk with Warner, and when he came back the last time his hands were black and greasy—I went out, and looked at the back of my wagon—I called the ostler to bring a light, and found the ropes which had fastened the tilt had been cut—the sacking which the bacon was in had been cut open—I missed some bacon—I called the landlord, and told him what I suspected—the policeman was sent for, he came and took Maddames—we asked him to look at the knife—he said he had not got it, Warner had—we asked Warner—he pulled it out, and gave it to the policeman—the knife was greasy, and a bit of the wrapper of the bacon was in the heel of it—the wagon was about six yards from the room I was in.
Cross-examined by MR. PAYNE. Q. Had you known either of the prisioners?
A. Yes, I know Maddames very well—he lived at Hertford—I never had any quarrel with him—Warner did not go out of the house.
HENRY NORMAN (police-constable N 338.) I was called to the Black Horse—I saw the two prisoners there—I asked Warner to let me look at his knife—he pulled it out—I took it, and opened it—I saw it was very greasy—a piece of the sacking was shut in the heel of the knife—I asked Warner if it was his knife—he said it was, that he had lent it to Maddames during the day, that he dropped it on the tap-room floor, and he took it up—I took Maddames into custody.
FREDERICK EPWORTH (police-constable N 395.) I went to Maddames's house on the night of the 11th of January—it is about 200 yards from the Black Horse—I was informed it was his house—I met Warner as I was coming from the house, and I got the key of Maddames's house from Warner—when Maddames was taken before the inspector he was asked for the key of his house, and he said it was at Warner's house—when I first saw Warner he said he had not got the key—I asked him again, and he gave it me—that key fitted the house that Maddames said Warner had the key of—I found some pieces of bacon there, on a table or box in front of the door—there were about fifteen pieces, of different sizes—I then went to the Black Horse, and saw some sides of bacon taken from the wagon—I compared the pieces I found with the bacon in the wagon—I found they corresponded.
Cross-examined. Q. You got a key from Warner, which fitted the house where the bacon was found? A. Yes, and Maddames told me his key was at Warner's.
JAMES BRIDGER (police-constable N 872.) On the 11th of January, about nine o'clock at night, I was directed to apprehend Warner—I went to the Black Horse public-house, and found him there—I told him I wanted him to go with me—he said, "What for?"—I said, "About the bacon"—he said he knew nothing about it—I said, "How came you by the key of that house?"—he said, "He gave it me this morning"—I said, "How could he give you the key in the morning, and the bacon come there?"—he said, "I forgot that; I don't know how I came by the key"—he was rather the worse for liquor.
THOMAS CARPENTER . I am ostler at the Black Horse public-house. On the 11th of January I helped the wagoner to take the horses out—the two prisoners were in the tap-room, and had been there as much as an hour before the wagon came—the wagoner asked me for alight, and I took it him—Maddames afterwards called for a light—I took it him, and asked him what he wanted with a light, as he had no horses there—he said he did not want it above five minutes—I told him I was wanted somewhere else, I could not spare it for him, as he had no horses there, and did not want it—I took the light back—I afterwards saw Maddames in the taproom—I asked him what he wanted with the light—he said be did not want it, a man of the name of Charles Lawrence wanted it, but I am well assured that Lawrence was not there.
Cross-examined. Q. How do you know he was not there? A. I did not see him—this might be about half-past eight or nine o'clock—about an hour after the wagon came up—the wagon was in front of the public-house, and I was about the yard—I did not see a boy asleep in the wagon—I had other business to attend to, or else I generally look after the wagon.
Cross-examined. Q. Has Maddames got a wife and family? A. I have been told he has.
Warner's Defence. Maddames asked me to lend him my knife in the morning, which I did; in the evening he dropped it on the floor, and I took it up; he then gave me the key of his door, which used to be left at my house for a week together.
MADDAMES— GUILTY . Aged 31.— Confined Six Months.
WARNER— NOT GUILTY .
WILLIAM INGRAM . On the 16th of December I was standing before my mother's tap-room fire, which is opposite the prosecutor's shop, at Poplar—I saw the prisoner go to the hatch before the door, and put his hand over, as if with an intention of laying hold of the bell—he went into the shop, and threw himself across the counter—I ran over, and caught the prisoner in the act of shutting the till—I called my sister, and said, "This man has robbed you"—she went to the till, and said he had taken 2s. 6s. out—the prisoner said, "You can search me; so help me G—, I have got no more than 11/4d. about me"—he was taken, and I saw the 2s. 6d. taken from his mouth.
HANNAH HARVEY . I am the wife of Thomas Harvey. My brother (the last witness) called me-—I had seen the till two minutes before—there was two shillings and three sixpences in it—I missed 2s. 6d., and I saw it taken from the prisoner's mouth.
Prisoner. I went into the shop to buy a herring; there was no one there; I knocked, and laid my arm on the counter. The witness came and said I had my arm on the till. I said I had got no money but my own, and he took the 2s. 6d. out of my mouth.
GUILTY . Aged 18.— Confined Six Months.
OLD COURT.—Tuesday, February 1st, 1842.
Second Jury, before Mr. Recorder.
GUILTY . Aged 53.— Confined One Month.
GUILTY . Aged 23.— Confined One Month.
GUILTY .— Confined Two Months.
612. WILLIAM YATES was indicted for feloniously forging and uttering an order for payment of 5l., with intent to defraud the President, Vice-president, and Members of the School for the Indigent Blind.
MR. BODKIN conducted the Prosecution.
CHARLES DODD . I and my father are solicitors, and reside in Billeter-street; we are secretaries to the School for the Indigent Blind, which is incorporated; as the President, Vice-president, and Members of the School for the Indigent Blind—I have the Act of Parliament. On the 14th of December the prisoner came to our office, and presented a letter in a sealed envelope—neither me nor my father were within when he came, but immediately I came in he presented the letter, which I now produce—(read)—"Langley Priory, Maidstone, 13th December, 1841. Sir,—Having lately been favoured with a report relating to the School for the Indigent Blind, and anxious to render aid to that afflicted and truly deserving class of our fellow-creatures, it is therefore my intention, and Lady Filmer's wish, to subscribe two guineas per annum. Having occasion to send my steward to London, I have directed him to wait on you respecting the subject in question, and he will pay you the amount alluded to, and receive your receipt. Yours, &c. M. W. FILMER."—I opened it myself, and this order on Messrs. Drummond for 5l., signed "M. W. Filmer," was in it—I observed to the prisoner that the cheque was for 5l., and said, "Does Sir M. Filmer intend to subscribe 2l. 10s. for each, or is it two guineas?"—he stated that they were two two-guinea subscriptions, that he had something to purchase, and was to take 16s. change—I directed my clerk to make out two receipts—while they were making out I had some conversation with the prisoner, and remarked that the signature was "M. W. Filmer," that I knew something of Sir Edmund Filmer being member for West Kent, and was he dead?—he said the present baronet was Sir Matthew, that the late one was Sir Edmund, but he was dead—the clerk then brought the two receipts; and just about that time I asked the prisoner if he was Sir M. Filmer's steward—he said "Yes"—I then went to my tin box, gave him half-a-sovereign and 6s. change, and the receipts for two guineas each, and he left the office—we have an account at the Bank of England, and finding the cheque was payable to Charles Dodd, and not or bearer, I waited till my father returned to the office—his name is Charles Dodd—he endorsed it in my presence—I paid it into the Bank myself, with other cheques to the account of Dodd and Son—it was afterwards returned from the Bank.
WILLIAM ELLIOTT LONG . I am steward to Sir Edmund Filmer, who lives at East Sutton, six miles from Maidstone—he was alive last Saturday, and is one of the members for West Kent—I have lived myself all my life in the neighbourhood of Maidstone, close by his park—I never heard of a Sir Matthew Filmer, nor of any place called Langley-priory—there is Langley parish—I never heard of any baronet named Filmer but my master—I know nothing of the prisoner—this note and cheque bear no similarity to the handwriting of Sir Edmund Filmer—I am quite satisfied they are not his handwriting.
WILLIAM JONES (police-constable L 141.) I am well acquainted with the prisoner's handwriting—I am related to him by marriage—I have seen him write repeatedly—(looking at the cheque and note)—I believe both these to be his handwriting.
Prisoner. It is fourteen years since we have had any correspondence. Witness. It may be fourteen or fifteen years since I have seen him write—I received letters from him, and acted on them—I communicated with him about them—I have seen him write a hundred times—this writing is just the same character as it was fourteen years ago—it is a good hand—he married my sister.
MR. BODKIN. Q. Has his writing been brought to your notice less than fourteen years since? A. Yes—I was examined as a witness about his handwriting last September—I saw his writing then—during the last three years my attention has been repeatedly called to writing supposed to be his, and it was what I believed to be his—I have not the slightest doubt of the letter and cheque being his handwriting—I received a letter from him twelve or thirteen years ago.
NICHOLAS PEARSE . I am inspector of the A. division of the police. The prisoner was given into my custody on the 1st of January—I told him he was in custody on a charge of obtaining various sums of money by means of forged cheques or orders, from the Magdalen, Blind School, and other charities—he made no reply—he was given into my custody near the Elephant and Castle at Newington, in Surrey, within the jurisdiction of this Court.
GUILTY . Aged 23.
613. WILLIAM YATES was again indicted for forging and uttering, on the 21st of December, a warrant for the payment of 10l., with intent to defraud the Governor and Guardians of the Hospital for the Maintenance and Education of Exposed and Deserted Children.—Other COUNTS, varying the manner of stating the charge.
MORRIS LIEVESLEY . I am secretary to the Foundling Hospital, in the parish of St. Pancras, Middlesex. On the 21st of December the prisoner came to my office, which is at the Hospital, in Guildford-street, and brought me a letter, which I produce—he put it into my hand—(read)—"To M. Lievesley, Esq., Foundling Hospital, London.—Ashley-park, Surrey, Dec. 21st, 1841.—Sir, I have been made acquainted with the rules and particulars relating to the Foundling Hospital. It is my intention, with Lady Fletcher, and also the wish of my daughters, Misses Jane and Harriet, to subscribe the sum of two guineas per annum towards the support of this deserving asylum. Having occasion to send my steward to London, I have directed him to wait on you, who will pay you the amount of eight guineas, and receive the receipt.—H. W. FLETCHER.—"On the back of this letter was an order as follows:—"Messrs. Robarts and Co., Pay M. Lievesley, Esq. 10l.—H. W. FLETCHER."
Witness. After reading the letter, I asked the prisoner whether Sir H. Fletcher was a Cumberland man, having known him formerly—he said, "Oh, no; you are mistaken, it is Sir H. W. Fletcher, of Ashley-park, Surrey"—I asked his name—he said, "Faulkener," and I believe he said he was his steward—I asked him in what way the Foundling Hospital was brought to the notice of Sir H. Fletcher—he said the Mangles' family, and I think he said Lord Lilford had dined with him the preceding week, and the conversation turned on the Foundling—I gave him some papers respecting the charity, and a letter of acknowledgment, with a receipt—he was then about going out of the room, and said, "There is a balance"—I had forgotton the cheque being for 10l.—I gave him 1l. 12s.—the corporate
name of the charity is the Governor and Guardians of the Hospital for the Maintenance and Education of Exposed and Deserted Young Children.
WILLIAM JONES (police-constable L 141.) I am the prisoner's brother-in-law. I know his handwriting—this letter and order, to the best of my belief, is his handwriting—I have no doubt of it—I never knew him by the name of Faulkener—I believe he has gone by the Christian name of Faulkener, but his real name is Yates.
SIR HENRY FLETCHER . I reside at Ashley-park, Surrey, about seventeen miles from London. This letter is not my writing—I know nothing of it at all—neither that nor the cheque are written by my authority—I know nothing of the prisoner—he was never in my employ—I know no other Sir Henry Fletcher—my name is not William.
NICHOLAS PEARSE . I am an inspector of the police. The prisoner was given into my charge—I told him he must consider himself in custody for obtaining money from the Magdalen, Blind School, and other charities, by means of forged cheques—he made no answer—this was at the station in Tower-street, Lambeth—he was kept there that, night, taken to Unionhall on the Monday, and committed here.
GUILTY . Aged 45.— Transported for Life.
(There were other indictments against the prisoner; he had been previously transported, and summarily convicted at least twenty times on the prosecution of the Mendicity Society.)
GEORGE GREEN . I keep a shop at Ruislip. I lost a bill-hook on the Tuesday before Christmas day, from my yard, close to the door—it had a handle to it then—I have since seen it with a new handle—I know the iron part by a flaw in it, and can speak with certainty to it by that mark.
STEVENS. I am thirteen years old, and in the prosecutor's employ. On the Tuesday before Christmas day, I was chopping wood with the bill-hook, and left it on the block at ten o'clock—I saw the prisoner pass by about that time, and soon after missed it—I know the one produced by this mark on the blade, and the name of Rodgers on it.
HENRY LAVENDER . I live at Ruislip-common. The prisoner brought this bill-hook to me, without a handle, on the Sunday after Christmas day, and asked 1s. 2d. for it—I asked if she had stolen it—she said no, she came by it honestly—she said she had not a bit of victuals for herself or children, and I gave her 1s. for it—I put a handle to it—she has two. children, and her husband left her in great distress.
WILLIAM ENGLAND . I am a policeman. ID consequence of information, I went to Lavender, who produced this bill-book—I took the prisoner the next morning, at the workhouse—she began talking about the bill—I said I did not want her to say any thing—she walked a few yards, and then said she picked the bill up against Green's post, without a handle.
Prisoner's Defence. I picked it up on the road side, kept it four days, to see if there was an owner, then sold it for bread for my children.
NOT GUILTY .
JOHN BARKER (City police-constable, No. 419.) On Saturday, the 1st of January, I was on duty in the Poultry, and saw the prisoner Henry going in a direction towards Whitechapel, with a bundle—I asked what he had under his arm—he said six dozen pairs of gloves, and he was going to No. 39, Whitechapel—I asked in what direction No. 39, Whitechapel was—he said, "On the other side of Whitechapel church, on the right hand"—I asked what he was to have for taking them—he said 2s., and that a Mr. Harris had given them to him at the Post-office—not being satisfied with his statement, I took him to the station—I went to make inquiries, and found neither the number nor the name of the person he mentioned—the parcel contained six dozen pairs of gloves—I went to the prosecutor's premises, and there found the prisoner Joseph—I asked if he knew a person named Henry Clark—he said he did, it was his brother—I asked if he knew any thing concerning the gloves—he said, with a great deal of agitation, that he knew nothing at all of what I meant, that he had done nothing—Mr. Mills gave him into custody on suspicion.
Henry Clark. When the policeman took me I asked him to let me go to Whitechapel with him to see whether the gentleman was there, but be would not let me go; he kept me at the station, and went himself. Witness. That is so.
HENRY MILLS . I am warehouseman to my brother, William Mills, who is a wholesale glover, No. 3, Foster-lane—the prisoner Joseph was his errandboy. On the policeman coming I missed twelve dozen pairs of gloves from two cases in our back-room—the prisoner Henry was not employed on the premises—about three weeks before the robbery he came one afternoon to shut up the shutters for his brother, as I was out at a funeral—the shutters are very heavy, being lined with iron; and since our man has left I have put them up myself—the goods were not in that room then—this six dozen were kept at the back of the warehouse, in a room always kept locked, and which no one could have access to but myself, my brother, and the prisoner Joseph—the key was kept in the front ware-house—these gloves were a winter stock, and were put into that room to be kept till next winter, as we had sufficient of the same description for sale in the front warehouse—any body who got the key could get into the room if they knew where to find the key, but we never leave the front warehouse without some one in it—Joseph was very often out on errands—no one but him was employed on the premises—other persons occupy the upper part of the house, but they have no access to our warehouse—the handkerchief which these gloves are tied up in I have frequently seen in Joseph's possession—the gloves are my brother's manufacture, and have not been sold.
Henry Clark. He swears to them by the label. Witness. I know them by the style and make, and also by the label, which was engraved on purpose for us from a design of our own—no other manufacturer has one like it—I can swear they are my brother's gloves—they are cashmere.
JOSEPH CLARK— NOT GUILTY .
HENRY CLARK**— GUILTY . Aged 19.— Transported for Seven Years.
ROBERT ROSS . I lodge at Mrs. Craig's, by Bell Wharf-stairs. On Saturday, the 23rd of January, I was passing Angel-gardens, Shad well, and saw the prisoner—she took hold of my jacket, and asked me where I was going—I said I was going home to go to bed—she said would I not go along with her—I said, "No"—she put her hand into my right-hand trowsers pocket, and took out two shillings and three pence—I had just felt my money safe—I had my hand in my pocket when she met me—I took it out to get rid of her, and then she put her hand in, and took the money—she ran away, and I after her—she got up to some coal-heavers—one of them interfered, and said she was his sister—a policeman came up—the coal-heavers went away, and the policeman took the prisoner into custody.
GEORGE SMITH (police-constable K 277.) I took the prisoner—at the station I asked if she had any money—she said she had not a farthing of money in her possession—a female was sent for to search her, and in the mean time I saw her turning something about in her mouth, which she attempted to swallow—we caught hold of her neck to prevent her doing so and found two shillings in her mouth—on further searching her a penny was found in the waist of her clothing—she said it was some money which had been owing to her by her sister, and which she had paid her that night.
Prisoner's Defence. I never touched or saw the lad; there was a mob, and I looked at it—he came up, and said I had robbed him of 2s.; I had two shillings put by, which I lent my sister; I met a young girl, who I cleaned with, this night, and asked her to lend me 2s. 1d., which she did, and teeing this mob I put it into my mouth; the prosecutor said if my friends would make up 10s. he would not appear against me, and he had 14d. from my friends.
ROBERT ROSS re-examined. I did not have lid. from her friends—after we came out of the Thames-police her husband and sister came to me, and a gentleman standing by said he would give me 1l. if I would not appear against her, but I would not take it—I am sure she is the person that robbed me—I did not lose sight of her from the time she took my money till the officer stopped her.
(The prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy.— Confined Six Months,
MR. BALLANTINE conducted the Prosecution.
ROBERT WINCOT . I am cellerman in the employ of Mr. Richard Lillwall, a wholesale cheesemonger in Lime-street—the prisoners were in his employ, Smead as warehouseman, and Putman as carman. On Friday, the 7th of January, I assisted Sraead to load a cart from the lower ware-house in Lime-street—six Cheshire cheeses were put into the cart from the lower warehouse—the cheeses lay in separate dairies—three of those came from one dairy, and three from another—while assisting in the loading I observed another cheese standing on an empty packing-case in the Cheshire cheese floor, about ten or twelve yards from the door—it was not a proper place for it to be standing—all the other cheeses were in the cart—at the
distance I was I could not see exactly whether it was the same sort of cheese which were being loaded—Smead gave me the cart-note to go op stairs, for the men up stairs to put the goods specified in the note down into the cart out of the loophole—it was not usual for me to do that in so small a transaction—it was usual in large orders—this is the order Smead gave me to take up—(produced)—all the goods that were to be packed from the lower warehouse were then in the cart—I went up into the Dutch cheese warehouse with the order—there is a loophole there, which commands a full view of the door of the lower warehouse—Putman was at the door with his cart—I looked out of the loophole, and saw Smead roll the Cheshire cheese into the cart, Putman being in the cart at the same time, and he must have put it away in the cart—I did not see him do so—Putman received the cheese, and he was in the cart at the time the cheese was rolled in—the cart had a tilt to it, but I saw him in the cart notwithstanding the tilt—I could see his legs and so on—I had seen him before with the cart—the packing below was completed when I went up stairs—the cheeses that were up stairs were Dutch—I then followed the cart, spoke to a policeman, and gave Putman into custody—this is the cheese that was taken, (produced,) and here is one each of the other two sorts—they are all out of separate dairies—the one taken is thicker than the others—there was more coat on it at the time than there is now—it has been shifted about a good deal lately—it was found about the middle of the cart, but on the side—the person driving the cart could not avoid seeing it.
Cross-examined by MR. PHILLIPSM. Q. Was it Putman's duty to stow the things in the cart, as they were handed in to him? A. Yes, that was his business—this was about five o'clock in the afternoon, in my master's yard—there were many persons passing and re-passing—the cart would carry about two tons, or two tons and a half, and was a single-horse cart—there were packed in it some Guelder cheeses, some flat Dutch, two wrappers of bacon, a bag of about thirty Dutch cheeses, a tub of lard, three firkins of butter, and a tierce of pork—there were about four different sorts of cheeses—I have known Putman since I have been in Mr. Lillwall's employ, which is about twenty months—his proper place was in the cart—he did not get out of it till it drove away.
Cross-examined by MR. CLARKSON. Q. Did you stop the cart Putman was driving? A. Yes, and gave it into the charge of a policeman—it had got about five minutes' walk from my master's.
MR. BALLANTINE. Q. Was it Putman's duty to receive this order, as well as the cheeses? A. Yes, and to compare the articles put in with this order.
COURT. Q. Do you mean he had a paper delivered to him, to check the things as they were put into the cart, or that, when the things were already in the cart, he had the paper given him, with the assurance that he would find them correspond? A. Yes, that is the case—they are checked, but not by the carman—he takes his load, and then takes for granted that the paper contains what he has to carry out—he does not check the items, it is not his place to do so.
SAMUEL WHEATLEY . I am head warehouseman to Mr. Lillwall—this delivery order is my handwriting—our course of business is this—the goods are first got ready, the order is then made out, and delivered to the person who is to load them, whose duty it is to load exactly what is
contained in the order—it was Smead's duty to do so on this occasion, and it was Putman's place to see he had those goods in the cart—we have likewise a check weighing-hook, in which it was Smead's duty to enter the weight of the articles which come within his department—he mostly weighed the cheeses—it was his duty, on the 7th of January, to enter what goods he delivered from the lower warehouse—(referring to the book)—the entry on the 7th of January is Smead's hand-writing, and agrees with my note—there is no mention of a seventh cheese—when Putman was taken, I asked him for the note, and he gave it to me.
Cross-examined by MR. CLARKSON. Q. This is a book which Smead kept? A. Yes—the cart left the premises about five o'clock in the evening—this note was made out, perhaps, in the course of the afternoon, after the goods were got ready, preparatory to their being sent away—the entry in this book was made, perhaps, the previous day, or on that morning—it is dated the 7th, and so is my note—Smead usually makes the entries in the book before I make out the note—it is a rough book.
MR. BALLANTINE. Q. Is it the regular weighing-book? A. It is the weighing-book for that department—it was Smead's business to see that he had the things to deliver which are mentioned in the note I made out, and to deliver, by that note—and when he had done so, to hand it over to the carman—we have a fair book, in which we enter it afterwards—when the cart is loaded, the carman ought to look to what he has in the cart—he is invariably told to do so—if he had too much in the cart, I should expect he would find it out before the day was out—the book I have produced gives the weight of all the articles he enters in the book after weighing the goods—if he had weighed that seventh cheese, it ought to have been entered in the book.
COURT. Q. Does not an order sometimes come in intermediately, when the book is made out? A. Frequently, but we should put it down in the book—it would come in in that day's business—if an order came in an hour, before delivery, it would first be entered into this book, before it was put into the cart—if that seventh cheese had been ordered it would have been entered in this rough book, previous to being entered in the day-book—the day-book is not here—the note was Smead's guide—if there had been a subsequent order, be was not at liberty to put it into the cart without its first appearing in my note.
Cross-examined by MR. PHILLIPS. Q. Do you remember, on one occasion, Putman bringing a firkin of butter back, which was not in the note? A. An occurrence of that kind might take place in our great business—I cannot exactly call to mind Putman's doing so—I will not swear such a tiring might not have happened, but I do not recollect it—we have a great many persons employed in the establishment—Putman has been in the employ between eight and nine years—he was away for twelve months, and Mr. Lillwall took him back again—he is married, and has a family—Smead has been in the employ seventeen or eighteen years.
JOHN CLOVER BENNETT . (City police-constable, No. 650.) I received a communication from Wincot, and took Putman into custody—I found this cheese in the cart, about the middle, along with other cheeses—they were all together. (The prisoners received excellent characters.)
NOT GUILTY .
NEW COURT. Tuesday, February 1st, 1842
Sixth Jury, before Mr. Common Sergeant.
NOT GUILTY .
JAMES HAYNES . I am a fishmonger, and live in Cross-street, Hatton-garden. About a quarter past twelve o'clock in the evening of the 7th of January, I was going up the street—the prisoner said, "It is a cold night, will you give me any thing to drink?"—I said, "I don't mind"—I said "I don't like to go in this house"—we went to another—she said, "Stop, there is a policeman"—I went in—we had a glass of gin and some rum—when we came out I said, "I suppose you know what you have taken from me"—she said, "What?"—I said, "My pin, which I had in my handkerchief when I was speaking to you, and I have not got it now. I don't wish to hurt you; if you will give it up I will let you go"—I was coming along further—I put my hand into my pocket, and missed some money—I said, "You have got some money as well"—she denied it—when we got near to Fleet-street I saw the officer coming—I said, "If you will give me what you have, I will not give you in charge"—she said she had not got any thing—the officer said, "What is the matter "—I said, "This woman has taken some things from me, and won't give them up"—he took her—we went to the station, and did not find any thing on her for a long time, and we were coming away—the inspector said, "Stop"—he opened her mouth, and found one pin, and the chain, and some money in her mouth—I had some half-crowns and shillings among my silver.
Cross-examined by MR. PAYNE. Q. Were you quite sober? A. I believe I was—I was not with her more than five minutes altogether—I swear to the pin and chain by the fox's head—I do not know what became of the other part—it is a very common chain—it might have fallen out.
WILLIAM TOY . I am a linen-draper, and live In Bishopsgate-street—I have one partner. At half-past ten o'clock on Thursday morning, the 6th of January, I was in the shop—I saw the prisoner and two other girls watching at the door for two or three minutes—when they left I went to the door, and missed this piece of print from outside—I followed them to the corner of Spital-square—I beckoned the officer, and gave them in charge—this print was found concealed under the prisoner's shawl—I had not sold it—I had seen it half-an-hour before.
Prisoner's Defence. I was going past the door, and saw it lying down; I picked it up
GUILTY . Aged 16.— Confined three Months.
GUILTY . Aged 25.— Confined Two Months.
GEORGE IRVINE . I am a tailor, living in Carnaby-street, St. James's—the prisoner was my apprentice. On the 26th of December I delivered to him 12s., to the best of my belief, it was four half-crowns and two shillings, to pay to Mrs. Slaughter—he came back in the evening—he said nothing, and I had no doubt it was paid—next morning, about eleven o'clock, he left my place—I received this letter, which is the prisoner's writing—read)—"When you receive these few lines I shall be far from you. I hope you will forgive me for absconding with your money; but you are a bad man, and I shall never forgive you for trying to, cheat Mrs. Slaughter. If you let me alone, I shall never trouble you more as you have been a tyrant to me."—I heard no more of the prisoner till the 5th of January, when I gave him in charge—he stated before the Magistrate that ill usage caused him to do this.
Prisoner I was bound apprentice to him on the 2nd of February with a premium of 5l. from the parish of St. James, and on the 28th, he pawned a suit of black clothes belonging to me, and he continued to make it a practice. Witness. I believe it was done once or twice—I had the money for a few days—there was no money owing to the prisoner
Prisoner. There was 15s. due to me—he said if I would work hard he would allow me all I earned over 12s. a week—I worked night and day to please him, till by his ill treatment I was obliged to leave him—I then came to him again—he let his. son wear a new pair of boots off my feet, and I was obliged to wear a pair of old ones, which exposed my feet for a long time, till I got him to pay 5s. to get them soled—he let met lie on the sweepings of the shop, put into a bag, till they became so infested with vermin that they crawled about the shop—I had no sheet, only a blanket and a rug to cover me—I have worked day all and night while he has been drinking for three months together—on Christmas-eve I worked all night, and I have done so several times, thinking he would notice my industry, but he always told me I was idle—I worked on Christmas-day till half-past twelve o'clock—I had my breakfast at seven, and had no more till about six, when he offered me a dinner, but I had been invited out—I applied to one of the guardians, and he advised me to go to a Magistrate, but I did not, knowing the trouble I had in getting a master, being afflicted as I was, and being in the workhouse—I stopped with him till the 27th of December, and then with 12s. I borrowed of Mrs. Slaughter, I went down to Yorkshire, to see an uncle, but hearing he was gone to Paisley, I returned to London, and hearing the prosecutor wanted to see me, I went to his house—he gave me in charge—he owed me more than this money. Witness. The boots were a pair he could not were
and he gave them to my son himself—I paid 5s. for soloing his boots—he has a disorder, and could not sleep in a decent bed—he would not attend to his duty at all—he did not work on Christmas-day for me—there was a good dinner, but he refused it, and said he was going out—he came back to my house—I owed him no money—I paid him on Christmas-eve.
ELIZA SLAUGHTER . On Sunday, the 26th of December, the prisoner came to me in the morning, and borrowed 12s. of me, and said he was going into the country, on a day's pleasure—in the evening he came and said he had had his pleasure—he did not pay me the money for Mr. Irvine.
Cross-examined by MR. PHILLIPS. Q. How often did you pawn his clothes? A. I think twice—I should not like to swear they were not pawned four times—I could not tell the name of the pawnbroker—I did not take them myself, I sent some person of my family—very likely my wife took them—I never asked to look at the duplicate—I do not know that I ever saw it—his things were never pawned without his knowledge—I do not know how much was got on them—it was under 1l—I think about 15s.
NOT GUILTY .
JOHN SANDERS . I am living at the Castle-tavern, in Portugal-street, Lincoln's Inn-fields. About eleven o'clock, on the evening of the 20th of January, I met the prisoner—she asked me to give her a drop of gin—I said I did not mind—I went into a public-house, and called for a quartern of gin—she called in another young woman—I paid 1s. for it—I had six sovereigns and 8d. left—when I came out the prisoner called me on one side, up a passage, and said she wanted to speak to me—I asked what she wanted—while she was speaking, I saw her hand go to my pocket, and I saw hex hand something to the other young woman—I missed the six sovereigns—I gave her in charge—I have never seen them since—I am sure she is the person who put her hand into my pocket.
Cross-examined by MR. DOANE. Q. You were sober? A. Yes, I had only been paid at five o'clock—I had had a pint or two of beer—I did not go far up the passage—the other woman came, and passed her hand over my shoulder, and the prisoner passed her hand to hers.
GUILTY . Aged 20.— Transported for Ten Years.
GUILTY . Aged 23.— Confined Three Months.
HORATIO NELSON WIXLEY . I live in Long lane, Smithfield. I had a skittle-ball—I saw it safe on the 30th of December, about six o'clock in the evening—I know it to be mine by the manufacture—it is worth 6s.—(looking at it.)
GERARD GRIFFITHS (City police-constable, No. 165.) On the 30th of December, about half-past six o'clock, I saw the prisoner and five others in Moor-lane—the prisoner had a bundle under his arm—it contained this skittle-ball—he was running off—he took it out of the bundle, threw it behind him, and struck me on the chest.
Prisoner. I saw the policeman was following as, and he took me. GUILTY . Aged 19.— Confined Six Months.
626. WILLIAM BRADCUTT, JOHN TOE, HENRY WILSON, JOSEPH GARDNER, JAMES CORNISH , and GEORGE ALLEN , were indicted for stealing, on the 11th of January, 2 1/2 lbs. weight of cake, value 1s. 3d.; 6 buns, value 1s. 3d.; 6 pies, value 1s.; and 2 loaves of bread, value 10d.; the goods of Henry Church.
HENRY CHURCH . I am a baker, and live in Cannon-street, City. About half-past six o'clock, in the evening of the 11th of January, I was sitting in the parlour, at the back of the shop—on turning, I saw eight or ten persons in the shop—among them were Bradcutt, Toe, Wilson, and Allen—they helped themselves to 2 1/2 lbs, of cake, 'six buns, six pies, and two half-quartern loaves—I raw each of those four with something in their hand—while giving the charge at the station, about eleven more men were brought in, and out of them I recognized Gardner and Cornish, as having been standing outside my shop, and receiving part of what the others stole—there was a gang of thirty or more outside the shop—I never saw either of the prisoners before—I missed some biscuits and other things.
Gardner. Q. Did you see me eating anything outside? A. I saw you eating when I followed you up the street to give you in charge—I have not the least doubt he is one who was outside, and he said to the officer, "I was one that was in the shop."
RICHARD GORDON (City police-constable, No. 412.) I was on duty at a quarter before six o'clock in the evening—I saw about twenty-eight persons going up Cannon-street—they had each something in their hand eating—I took Toe, whom the prosecutor pointed out—some other officers were there—they took the others—they all declared at the station that they partook of the property that was stolen—Wilson said he partook of the seed-cake, but the party who stole it had made his escape.
Bradcutt's Defence. I was never in the shop.
Toes Defence. I had been working on the Eastern Counties Railway; I had no work; I came to London, and went to Clerkenwell Union, they would not relieve me; I was going along the street; the officer took us.
Wilson's Defence I went to the Magistrate, and he would not give us anything.
Gardner's Defence. I received nothing from the prosecutor's shop. Cornish's Defence. I was five or six yards from the shop; I had none of it.
Allen's Defence. I had nothing out of the shop.
BRADCUTT— GUILTY . Aged 18.
TOE— GUILTY . Aged 17.
WILSON— GUILTY . Aged 22. Confined One Month.
GARDNER— GUILTY . Aged 22.
CORNISH— GUILTY . Aged 21.
ALLEN— GUILTY . Aged 20.
MR. HOLROYD conducted the Prosecution.
FREDERICK WAGG . I am a broker, and live in Whitechapel-road. On the 2nd or 3rd of December, about half-past three o'clock in the afternoon, the prisoner called at my house, and said he had a piano-forte and a pulpitdesk for sale, over the way, at his house—I went to a house in Ratcliffehighway, through a barber's shop—I saw a piano-forte and this desk—he said it was his father's, he had no farther use for it—I gave him 15s. for it JOHN WARREN. I am clerk to Mr. Gadsden, in Old Broad-street. About the 17th or 18th of December, I missed this rostrum—in consequence of information, I went to Wagg's and saw it—it is the property of Henry Francis Gadsden.
EDWARD M'DOWELL (City police-constable, No. 12.) On the 2nd of January, I went with Wagg and Warren to Dock-street, Ratcliffe—I found the prisoner there—I said I wanted him about a rostrum—he said, "Oh, a pulpit, I will take you where I bought it"—he took me to Debenham and Storr's room in Covent-garden.
JOHN RAYNER . I live in Rosemary-lane, the prisoner was lodging with me—he came in about the 2nd or 3rd of December, bringing a thing of this kind, covered with green baize—I asked what it was—he said it was a looking-glass—I followed him, and saw it was not a looking-glass—I said, "You said it was a looking-glass"—he said he did not want to satisfy everybody about it—it was like this rostrum.
Prisoner. He robbed me of a gold watch. Witness. He said he lost his watch in Whitechapel.
JOHN WALLEN . I am clerk to Mr. Gadsden. I remember seeing this piece of furniture behind the door in his premises, two or three days before the 2nd of December—every morning and evening I place the shutters against it, and take them from it.
Prisoner's Defence. I gave 13s. 6d. for it in an auction-room; I cannot find the man that saw me pay the money, he has been gone to Liverpool nine or ten days.
GUILTY . Aged 22.— Confined Two Months.
OLD COURT.—Wednesday, February 2nd, 1842.
Third Jury, before Mr. Recorder.
628. SARAH CULL, alias Barnes, was indicted for feloniously and knowingly uttering, on the 4th of January, a counterfeit sixpence to Charlotte Liddiard, having been previously convicted of uttering counterfeitcoin; to which she pleaded
GUILTY . Aged 48.— Confined Two Yean.
629. BONUS HARRIS and DANIEL MARKHAM were indicted for feloniously breaking and entering a building, within the curtilage of the dwelling-house of John Hull, on the 13th of January, and stealing therein 3 live tame fowls, his property.
MICHAEL POWELL . I am a labourer in the employ of Mr. John Hull, a coal-merchant at Uxbridge. On Thursday, the 20th of January, about half-past four o'clock in the afternoon, I saw his fowls alive and safe, and the hen-house locked—it stands in my master's premises, and is enclosed within the same fence as the dwelling-house—Mr. Hull's foreman, Richard Strut, lives there—he himself lives at Hillingdon—I traced some blood and feathers across a field, about sixty yards, to a barge lying at the Grand Junction Canal.
Cross-examined by MR. PAYNE. Q. How far is the hen-house from the house? A. About sixty yards—it is surrounded by a paling, which encloses the dwelling-house, and hen-house also, except the side, which is towards the water—the water is between five and six feet deep—the last time I saw the fowls was about half-past four o'clock—a good many persons have access to the wharf.
JOHN SCOTNEY . I am a policeman. I received information on Friday morning, in consequence of which, I in company with Inspector Otway, followed a barge to Hayes bridge—Markham was driving the horse which towed the barge, and Harris was on board steering it—I found five dead fowls underneath the bed in the cabin—Harris asked what I wanted—I told him a hen-house had been broken open at Uxbridge, and I had suspicion he had the fowls on board—he said if there was any stolen property on board he did not know any thing about it—Harris's wife was in the cabin at the time the fowls were found.
Cross-examined. Q. Harris made no objection to your searching the barge? A. Not the least—he is rather deaf.
CHARLES OTWAY . I am a police-inspector. I went with Scotney—I searched the fore-cabin, and found a horse's nose-bag saturated with fresh blood, and feathers in it, which corresponded with the feathers of the fowls—I asked Harris, in Markham's presence, who slept in the fore-cabin—he said Markham.
MICHAEL POWELL re-examined. I know these fowls—this white one was the only white one we had—I had been in the habit of feeding them for six months, night and morning, and know them well—I am quite sure they are my master's.
Markham's Defence. About half-past seven o'clock on Thursday night, Harris went to a public-house to have a pint of beer, and ordered me to go for some hay for the horse's supper. When I returned to the barge I found the dog barking and making a strange row. I let him loose, and he ran barking into the fields after two men, who were running across the field. I followed, and found the dog under a hedge with five fowls, one not dead. I took them on board, and put them away in the nose-bag as quick as possible, for fear my master should kick up a row about it. There was no one but me on board.
(Harris received an excellent character.)
HARRIS— NOT GUILTY. MARKHAM— GUILTY . Aged 17.— Confined One Year.
Before Mr. Baron Alderson,
NOT GUILTY .
Before Mr. Justice Cresswell
631. WILLIAM CALPE, alias Smith, alias Capp, was indicted for feloniously and knowingly uttering, on the 5th of January, 1 counterfeit shilling to Sarah James, having been previously convicted of uttering counterfeit coin.
MESSRS. ELLIS and BODKIN conducted the Prosecution. CALEB EDWARD POWELL. I am assistant solicitor to the Mint. I produce a copy of the record of the conviction of William Capp in this Court, in April 1837—I have examined it with the record—it is correct—(read.)
Prisoner. He said at the Mansion-house he did not know whether it was me. Witness. There was another person called into the dock first—I said that was not him—the moment the prisoner came out I said, "That is him."
SARAH JAMES . I am the wife of George James, victualler, at No. 78, Aldgate. On Wednesday, the 5th of January, a little before eleven o'clock in the morning, the prisoner came to our bar for a pennyworth of gin—I served him—he gave me a shilling—I saw it was bad, and returned it to him, saying it was bad; had he no more money about him?—he then gave me a good one—my husband took the first shilling—I am certain it was the one he gave me, and he was taken into custody.
Prisoner. Q. Did not you give it to your niece at the tap to look at, and did not she rub it on her thumb, and put it on the shelf? A. No—it never went from my hand, but to my husband, who gave it out of his hand to the policeman—it was never on the shelf.
GEORGE JAMES . I am the witness's husband. I received this shilling from her, and gave it the policeman, Cook, who marked it, in my presence—I am sure I gave him the one my wife gave me—it was never out of my sight—it was given him while the prisoner was there.
Prisoner. Q. Did not you take it off the shelf? A. No—it was never out of my sight—I took it from my wife's hand—I took nothing off the shelf.
THOMAS COOK . I am a policeman. On the 5th of January I was called into the house by James, and took the prisoner—James gave me the shilling, which I produce—I marked it, by cutting a notch in it, and bit it with my teeth.
21st of December, between eight and nine o'clock in the morning, the prisoner came and asked for half-a-pint of porter—I served him—he gave me a shilling—I kept it in my hand, and gave him change—when I looked at it, I told him it was a bad one—he said he did not know it, and gave me a good one—I returned him the bad one—I took sufficient notice of it to know it was bad.
Prisoner. She put into the till, while I lighted my pipe, and drank my beer. Witness. I did not—I kept it in my hand.
FREDERICK ISAAC BROWN . I am a cheesemonger, and live in Cannon-street, City. On the 21st of December, about a quarter to ten o'clock in the morning, the prisoner came to my shop, which is about a quarter of an hour's walk from Goodwin's—he asked for a rasher of bacon, which came to 1 1/2 d.—I served him—he gave me a shilling, which I took to the window, and found it was counterfeit—I asked him where he got it—he said he took it at a house in Ratcliffe-highway the evening previous—I said I thought it was bad—he said he was not aware that it was bad—he then left the shop—I kept the shilling in my possession—Crane, a policeman, came up in about a minute—I gave him the shilling, and sent him after the prisoner—he followed, and brought him back—I am sure I gave Crane the same shilling as I received from the prisoner—he was taken before a Magistrate the same morning, remanded till Thursday, and then discharged.
EDWARD CRANK . I am a City policeman. On the 21st of December I was near Brown's house—in consequence of what I heard, I took the prisoner in charge—he had got about ten yards from Brown's door—I received a shilling from Brown, which I produce—I marked it, and am sure it is the same—the prisoner gave the name of William Smith, and gave me a good shilling—he was searched, but nothing found on him, no halfpence.
Prisoner. He never marked the money till the evidence was taken at the Mansion-house. Witness. I marked it when I first received it.
Prisoner. I am a very poor man, with a wife and three children, literally starring; I hope you will have mercy on me.
GUILTY . Aged 34.— Transported for Seven Years.
Before Mr. Justice Cresswell.
632. WILLIAM METCALF and ALFRED HASTINGS were indicted for burglariously breaking and entering the dwelling-house of, Thomas Cheveley, about the hour of two in the night of the 5th of January, at St. Dunstan, Stebonheath, alias Stepney, with intent to steal, and stealing therein 3 coats, value 3l.; 1 table-cover, value 2s. 6d.; 2 spoons, value 8s.; 1 locket, value 5s.; and 1 case of mathematical instruments, value 10s.; his property.
MR. PAYNE conducted the Prosecution.
THOMAS CHEVELEY . I live in Jubilee-place, in the parish of Stepney.—I pay taxes to that parish. On the 5th of January I went to bed at ten at night—I saw the doors and all the windows of the house fastened before I went to bed—I was awoke about two by a noise in or about the house—I got out of bed, went to the front window, looked into the street for a policeman, and almost immediately heard a rattle spring—soon after there was a knock at my door—I went down and found the policeman knocking
very loudly—I found the street-door unlocked and unbolted—I had locked and bolted it before I went to bed—I let the policeman in, and found the box-staple wrenched off the back parlour door, which was open; the sash of the back parlour window was thrown up, and had a pane of glass broken, so that a hand could be inserted to undo the hasp—I found every thing in disorder in that room, the escrutoire and book-case broken open, and every drawer ransacked and disturbed—I missed three coats, which hung in the hall the night before, a table-cover off the back-parlour table, salt and mustard spoons, which were on the back-parlour sideboard the night before—they were gone altogether—I missed a locket, and a case of mathematical instruments, from a drawer in the book-case.
JAMES WHITTLETON (police-constable K 173.) On the night of the 5th of January, I was in Jubilee-place about two o'clock, and observed a light through the fan-light over the prosecutor's door—I waited about five minutes, when sergeant Pitt came up—we stood and listened a minute or two—I went to the rear of the premises and found a cab-yard with the large folding gates unfastened—they had a catch and padlock—we went into the yard, and searched the stable and hay-loft—there was nobody there at that time—we came out and fastened the gates, hanging the padlock on outside—there was no key—we could not lock it—the gates are between six and seven feet high—it would prevent their being opened from the inside—I remained at the gate—Pitt turned his eye over the wall, and we saw a light in the first-floor room, above the parlour—Pitt went and knocked at the door—I heard a rumbling as if three or four people apparently were coming out at the back window—I sprung my rattle, ran round to the rear of the premises into Hawkin's-street, and heard Pitt spring his rattle again—I came round again, and saw a man apparently with a long drab coat, running away—he turned into Richardson-street, and got away—he was coming in a direction from the back wall—we went and knocked at Cheveley's door—he came down—we went into the house, and in the garden I found three coats, a needle-case, table-cover, and an old jacket, which I produce—when we were in the house, I heard another rattle spring—we ran out, and found the prisoners in the custody of Mountford, in the stable—Metcalf was dressed in a round blue-jacket—Hastings had no coat or jacket on—he was in his shirtsleeves—I was at the station in the morning, when sergeant Pitt showed Hastings this old jacket, and asked him if it was his—he put it on, and said he believed it was his, and put his hands into the pocket.
COURT. Q. Could a person getting out at the back window where you heard the noise, get into the yard? A. Yes—they would then be in Mr. Cheveley's yard—they would have to get over a wall six or seven feet high to get into the stable-yard.
HENRY JAMES PITT . On the night of the 5th of January, I was in Jubilee-place, and observed a constable at the prosecutor's house—I afterwards went to the rear of the premises, and searched the stable and loft—there was nobody there—I came out of the yard, saw a light in the back room first-floor, and the blind drawn on one side—I went and knocked at the door, heard a noise like persons running down stairs, and a noise like persons scrambling over a wall—when Mr. Cneveley opened the door, I examined the house—the back parlour door had been forced open—I was present when some coats were found, and a jacket, which I took to the station next morning—Hastings was brought out—I said,
"You lost your jacket last night, is this it?"—he put it on, and said, "I believe it is"—and put his hands into the pockets—I took it from him again—I saw the prisoners in custody in the stable—the back parlour door is an inner door, going from the passage—the house is in the parish of St. Dunstan, Stebonheath, alias Stepney.
GEORGE MOUNTFORD (police-constable K 118.) I was at the cab-yard on the night of the 5th of January—I took the padlock off the gate—it was not fastened, but merely put on to keep the gates together so that they could not be opened inside—I looked round the yard, but could not see anybody—I pushed the stable-door open, and saw the two prisoners there—I asked what they wanted there—they made no answer whatever—there was a policeman about ten yards behind me—I told him to spring his rattle, which he did, and Pitt came out—we took them into custody.
METCALF— GUILTY . Aged 23. Transported for Ten Years.
HASTINGS-GUILTY. Aged 27.
Fourth Jury, before Mr. Recorder,
633. THOMAS GREENWAY was indicted for stealing, on the 20th of December, 1 watch, value 8s. 6d.; 1 pair of trowsers, value 4s. 6d.; and 1 shirt, value 1s.; the goods of John Harrington; to which he pleaded
GUILTY . Aged 23.— Confined Six Months.
634. JOHN DOLAN was indicted for feloniously uttering, on the 9th of December, a forged request for the delivery of goods, well knowing it to be forged, with intent to defraud John Warner, senior, and others.
THOMAS LORD. I am in the employ of John Warner and Sons, Jewincrescent. On the 7th of December the prisoner brought the order produced, and presented it to me; in consequence of which the goods were looked out and delivered to him, and he went away with them—he said something, which I do not recollect—I cannot swear he said he came from Mrs. Bidwell, of Datchett.
Cross-examined by MR. PAYNE. Q. How long was he there? A. I suppose about a quarter of an hour—I had never seen him before to my recollection—I am quite certain he is the person—I do not know Mrs. Bidwell's writing—she is a customer of ours—there was delivered to him 3cwt. 1qur. of lead-pipe, 281bs. of ingot tin, which is block-tin in ingots, a 3-inch pump on a plank, and two pan water-closets.
MARY BIDWELL . I am a plumber and glazier, at Datchett, Surrey. I deal with Messrs. Warner—the prisoner was in my employ about nine months, but was not so on the 7th of December—he knew I dealt with Messrs. Warner, very likely—I did not write this request, and gave nobody authority to write it—I never received any of the goods.—(Order read.) "7th December. Datchett.—You will greatly oblige me by sending by my plumber the following goods: 14 lengths of leaden pipe, two water-closets, and 3cwt, lqr. 281bs. of block-tin. By getting them up directly, you will greatly oblige me.— MARY BIDWELL ."
GUILTY .* Aged 40.—Recommended to mercy by the Jury.
THOMAS LORD. I am in the employ of John Warner and Sons. On
the 9th or 10th of December, I cannot swear which, the prisoner came again with a written request, which he delivered to me—I did not deliver the goods on that order to him—he came again on the 11th with another order, which was shown to me by Fry, the ledger-clerk—Hurst assisted in weighing the lead, and putting it into the cart—the prisoner took the goods away with him.
Cross-examined. Q. Which order did you deliver the goods on? A. On the one dated the 9th—I am certain this is the order he brought—it was filed—I know it from the nature of the goods named in it, and the handwriting—I made no mark on it—it was sent down to Fry, who wrote "Not at present" on it, in red ink—I did not see him write it—I saw that on it on the 11th.
MR. PHILLIPS. Q. Have you the least doubt of this being the order? A. Not the least—the note of the 11th is only requesting that the goods named in that of the 9th should be sent, having a job at Lord Howick's.
(Order read)—"9th December. Datchett.—You will greatly oblige me by sending by my plumber the following goods: a sheet of lead, a coal-scuttle and scoop, and a water-closet. My plumber will give the dimensions of it. By getting them up directly you will greatly oblige
THOMAS HURST . I assisted in packing the goods referred to, in the prisoner's cart, and saw the carman drive away with them, and the prisoner with him—the order was brought on the 10th in the first instance, I gave it to Lord—I know the note brought on the 11th, and believe that produced is it—Lord sent me to take it into the counting-house to Fry-master ordered me to deliver a sheet of lead to him, which I did.
THOMAS LORD re-examined. This order of 9th was passed from me down to Fry—I know it by the handwriting—I am confident of it.
Cross-examined. Q. How long was it in your possession? A. I suppose about ten minutes—I am quite certain this is it—I read it before I sent it down to Fry.
GUILTY .* Aged 40.— Transported for Seven Tears.
MR. PHILLIPS conducted the Prosecution.
JOSEPH FAULKNER . I am in the employ of John Warner and Sons. On the 17th of November the prisoner brought me this written request—there are alterations in it in my own handwriting, as he wished me to add something to it, which convinces me this is the same the prisoner delivered—the property was delivered in consequence.
Cross-examined by MR. PAYNE. Q. Are you convinced it was the prisoner? A. I am sure of him—I had seen him once or twice before at our warehouse—I cannot say how long ago, perhaps two months—I am
quite certain of him—he was with me about ten minutes on this occasion—I only knew Mrs. Bidwell as a customer, and did not know her handwriting—(request read)—"Datchett, Nov. 17,1841. Sir,—You will greatly oblige me in sending by bearer the following articles, and by so doing you will greatly oblige, yours respectfully, MARY BIDWELL"—two pan closet basins, fourteen range cocks, 14lbs. watering solder, two bib cocks.
MARY BIDWELL . I live at Datchett in Surrey—I am a customer of Messrs. Warner—the prisoner was in my employ for about two months, about a year and nine months ago—he went by the name of Andrew Dolan—this order is not my writing—I never authorised the prisoner or any body else to deliver it to Messrs. Warner—I did not receive the goods specified in it.
Cross-examined. Q. Did you understand him to be any relation of the last prisoner? A. He passed as his son.
GUILTY . Aged 17.—Recommended to mercy.— Confined Two Years.
SAMUEL MARKS . I am a porter and live in Brownlow-street, Drury-lane. On the 13th of January, about half-past five o'clock in the evening, I was in Princes-street, Leicester-square, and saw a cart with bottles and a wine-flat in it—the back of the cart was towards the door of a house—I saw the prisoner standing opposite the cart—I went by and took particular notice, having suspicion of him—I saw him take two bottles, put them under his coat, and go down the street—I told Chandler, a policeman, who went after him, and took him when I told him.
Prisoner. I did not take them out of the cart, or know where the cart was—a man gave them to me by Oxenden-street, as he ran past. Witness. I am certain he is the person—I followed with Chandler who took the man who took the bottles.
DAVID CHANDLER . I am a policeman. In consequence of information which I received from Marks in James-street, about one eighth of a mile from the cart, I followed the prisoner and took him in Carlton-street—I ran as fast as I could—the prisoner was running and Marks after him—I took two bottles of wine from under his coat—he said they had been given to him—he was running very fast all the way.
CHARLES CHRISTOPHER GEILES . I am a carman, and lire in St. George's. I was employed by Messrs. Col burn, of the city, to take some wine to Mr. Gibson, in Princes-street, Leicester-square, and some to St. John's-wood—while I was in Mr. Gibson's cellar, my attention was called to the wine-flats—I missed two bottles of wine from them—the bottles produced are them—"Colburn and Co." is on the corks inside—it is brown sherry—I was answerable for its safe delivery.
Prisoner's Defence. I did not take it from the cart—a man who was running very fast put them into my hands—if the witness saw me take them, why not take me there and then?
JOHN SMITH . I am a carman to John Thorogood, of the Blue Boar Aldgate. On the night of the 26th of January, about six o'clock, I was driving a cart containing goods, in Cheapside, and saw the prisoner near the cart—he took a box from the cart, and ran off with it—I ran after him till he dropped it, and I fell over it—I took it back to the cart, and saw no more of him till next morning about twelve o'clock—I had noticed his features, and how he was dressed, particularly—I had a full view of him—there was plenty of light—I had noticed him above a minute before walking behind the cart—I watched him—he took the box from the hind part of the cart—I was walking by the side of it, watching him—I am quite sure he is the man—I afterwards gave the box to the policeman—I was taking it to Pawson and Co.'s.
ELIAS MILLER (City police-sergeant, No. 408.) On the night of the 26th of January, I heard a cry of "Stop thief" in Bread-street, about 200 yards from the cart, and saw the prisoner running towards me—I laid hold of him—he said, "What have you stopped me for?"—I said, "You shall see presently"—he said, "I did not take the box"—I had said nothing about a box, and did not know what had been taken—I said, "What box?"—he said, "Oh, some fellow has taken a box out of a cart in Cheapside"—I went back, but the cart was gone—I took the prisoner to the station—another policeman brought the box there.
Prisoner. I never mentioned a word about the box. Witness. I am certain he did.
WILLIAM STANDLEY . I am warehouseman to Pawson and Co., of St. Paul's Churchyard. I have examined the contents of this box, which is three squirrel-back muffs, worth 3l. 6s.—they had been returned to us from Chelmsford—here is the letter with them in the box.
CHARLES HARLEY (City police-constable, No. 662.) I have a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—I believe the prisoner to be the person named in it, and was at his trial in February, 1840—(read.)
GUILTY . Aged 33.— Transported for Fourteen Years.
639. DANIEL HARRINGTON was indicted for stealing, on the 25th of January, 4 dishes, value 8l.; 4 dish-covers, value 12l.; 4 dishcover handles, value 4l.; and 1 printed book, value 1s.; the goods of Arthur Brown Spry, clerk, in a certain vessel in a port of entry and discharge.—2nd COUNT, stating them to be the goods of James Edward Pattenson.
HENRY CREW . I live with Mr. Ogleby, a pawnbroker in High-street, Poplar. On the evening of the 25th of January, the prisoner came, and produced this handle of a tureen, plated with silver, and wanted a sovereign for it—it is worth 1l.—he said he had several more at home—a police-man was sent for, and took him.
JOHN DAVIES (police-constable K 94.) I went into Ogleby's shop, and asked the prisoner where he got the handle from—he said he found it in the street at Rotherhithe, where he had been in work, at the Surreycanal,
unloading a barge of stones—I took him to the station, and found his account of where he had been working incorrect—I went and searched his house, but found nothing.
PHILIP HOOKER . I am an officer of the Lord Lowther vessel, in the East India Docks, which is part of the port of London. There was a case on board containing these articles—I saw it on board on the 21st of January—it was then unbroken—I have since seen it in a broken state at the Thames Police-office—the case produced is it.
JOHN ADRUM NEWTH . I live in Arnold-place, Walworth, and am clerk to Mr. Maynard, an outfitter and general agent. We received this case from Mrs. Spry, with instructions to ship it in the Lord Lowther, a ship of 1400 tons burthen, to go to Calcutta—I put it into a cart to go to the dock, and afterwards saw it in a shed at the docks—it was then perfect.
ALEXANDER LAKE . I am constable of the East and West India Docks. In consequence of information I went into the hold of the Lord Lowther with the second officer, and saw this case, directed to the Rev. Arthur Brown Spry—it was broken in several pieces, and a small book was found in the ballast in the hold—I found four dishes and covers on the Friday morning between the water-cask and the ship's side—two of them are injured as if by forcing open the case—I have applied the handle produced to one of the covers—it fits it, and appears to belong to it
MRS. SPRY. I am the wife of James Hume Spry, of Clapham. I saw these dishes and covers at the Thames Police-office—they are our property—I saw the handle at the Thames Police-office—it exactly resembles the other handles, and fits the cover—the covers have our coat of arms on them—all the handles are gone except this—I packed the articles in a tin case, which was soldered down and a wooden case put over it—I also put a little book called "Chit Chat" into the box—they were going to our son.
PHILIP HOOKER re-examined. The ship was nearly empty—there was about fifty tons of goods in the aft hold—this case would come into the prisoner's hands—they use crow-bars and things on board, which would break the case open and injure the covers as these are—the point of a crowbar would prize the case open.
Prisoner's Defence. I found it in the street.
GUILTY . Aged 31.— Transported for Ten Years.
NEW COURT.—Wednesday, February 2nd, 1842.
Fifth Jury, before Mr. Justice Williams.
640. JAMES DUNCAN was indicted for stealing, on the 6th of January, 14 almanacks, value 9s. 10d.; 2 perforated cards, value 8s.; and 1 court-plaster-case, value 1s. 6d.; the goods of Michael Jerdein and others, his masters.
MR. PHILLIPS conducted the Prosecution.
GEORGE KNOWLES . I am in the employ of Messrs. Graham and Co., calico-printers, Old Change. On the 5th of January I made up a parcel directed to Mrs. Raymond, of Putney—it contained some of Tilt's almanacks—one was an old one—it was given me by Mrs. Raymond as a pattern,
to purchase some for her—I am sure the one she sent was enclosed in the parcel—there were also two perforated cards and a plaister-case—the parcel was worth 12s.
HARRIET RAYMOND . I keep a fancy repository in High-street, Putney. This old almanack (looking at it) is mine—my name is in it, in my own handwriting—it is one that I gave to Knowles, the foreman, as a pattern—I did not receive the parcel which ought to have come with the almanacks and other things.
JOHN BLISSETT . I am in the employ of the London Parcels Delivery Company. Michael Jerdein is one of the directors, and there are others—we received a parcel, directed to Mrs. Raymond, on the 5th of January—it came in the regular course, to be sent on—it ought to have reached Putney on the 6th—the prisoner was employed for the Company at Rolls-buildings—he was there, and had access to the place where the parcels laid—he was employed in sorting on the 5th—on the 10th of January, in consequence of something, I called the prisoner into the counting-house, searched him, and found on him one or two perforated cards, an almanack, and a small pocket-book—I found this old almanack on him, and the plaister-case—I told him I considered it was a portion of the parcel that had been missed, of the name of Raymond, because I saw the name in the pocket-book.
COURT. Q. This is called the "Parcels Delivery Company?" A. Yes—it consists of four directors—it is carried on by them—there are other parties who have shares in it—we have carts to take parcels from one part of town to another—I am not aware that there has been any dividend—I do not know under what circumstances they are—it has been going on four years—the directors meet occasionally, but I have never been in their presence when they meet—Mr. Jerdein, who is one of them, pays me—there is no secretary.
COURT. Q. Are there share-holders? A. Yes, there are about 10,000 shares, but the larger portion of them are held by the directors, who superintend the business, and give orders—they receive and pay the money—I know the share-holders have been called on to answer calls, but not during the time I have been concerned for the Company—if parcels are lost the Company pay for them, and if they are carried safely they receive the profit.
GUILTY . Aged 15.
641. JAMES DUNCAN was again indicted for steating, on the 1st of January, 4 nutmegs, value 1s.; 1oz. weight of ginger, value 6d.; 1 box, value 1s.; 1 piece of paper, value 1d.; 1 bag, value 1s.; and 1 sovereign; the property of Michael Jerdein and others, his masters.
MR. PHILLIPS conducted the Prosecution.
THOMAS KEARMAN . I live in Frederick-place, Hampstead-road. On the 31st of December I made up a brown-paper parcel for the Delivery Company—I left it at the receiving-house in Hampstead-road—there was a letter in it, containing a sovereign—it was addressed to "Thomas Parks, No. 2, Naval-row, South Brunswick-street, Poplar"—this is the letter—it is in my handwriting.
COURT. Q. What were the other things in the parcel? A. Four nutmegs and some ginger—they were enclosed in a lady's reticule, and put into a circular tin box.
CAROLINE SPONG . I live in the Hampstead-road; my father keeps a receiving-house for the London Parcels Delivery Company. On the 1st of January there was a parcel addressed to "Mr. Thomas Parks" entered—here is my entry in the book, "Mr. Parks, Brunswick-terrace, Poplar"—I had omitted to put "Naval-row," but it was the same parcel—I do not always take the whole address—I delivered it myself to George Croft, who is a lad in the habit of calling for parcels.
JOHN BLISSETT . I am superintendent in the service of this Company—the office in Rolls-buildings is a portion of their premises—the prisoner is in the employ of the Company—Michael Jerdein is one of the directors—there are three others—this parcel ought to have reached Mr. Parks on the 1st of January—the prisoner had access to the office in Rolls-buildings—on searching him on the 10th of January, I found this letter in his greatcoat pocket—when I took it from him it was open—if there had been any thing in it, it had been taken out—I told him I thought it had reference to tome parcel that had been previously stolen from the office, having lost several—he made no reply.
Prisoner. I never had the letter. Witness. I am sore I took it from his person.
THOMAS PARKS . I live in Naval-row, Brunswick-street, Poplar—I did not receive the parcel containing the nutmegs and other things. GUILTY . Aged 15.— Confined Six Months, the first and last week Solitary;
MARY ANN LUCKETT . I am the wife of David Luckett, a land-drainer, living in the parish of Hillingdon. In the month of January I was washing, and hung seven pairs of worsted stockings and a table-cloth in a barn—I saw them safe at four o'clock—I missed them at twenty minutes past four—the policeman brought them to me the same evening, about nine—the whole of the things produced are mine.
Cross-examined by MR. PHILLIPS. Q. You do not know the prisoner? A. No—I do not know a man named Fletcher, but he was in our beer shop.
ELIZABETH BAENETT . I live at Hillingdon. On the 20th of January, a little after four o'clock, I was standing at my door, waiting for a gentleman—I saw the prisoner come out of the back-door of Mr. Luckctt's barn, where these things hung—she ran to a little place in the yard, and from there to the front of the house, and then ran back to the barn-door again—she had nothing when she came out—I did not see her come out the second time—I saw her go back the second time—there was no man with her.
Cross-examined. Q. Did you know her before? A. No.
these stockings in a bake-house, and another outside the door of the prisoner's husband's garden, and the other five pairs and the table-cloth in another part of the garden—I asked the prisoner if she had not been in the Wagon and Horses beer-shop—she said she had not—I said I understood she had been there herself, and a man—there were some things stolen from there, and I came to see—she said I might search the place—I did, and found the things—her husband was there at the time.
Cross-examined. Q. Do you know Fletcher? A. Yes—I believe he is the man who was in the beer-shop—he was discharged after being taken up, there being no evidence against him—he had been in custody before for stealing a quart pot.
NOT GUILTY .
WILLIAM ARNOLD . I am in the employ of George Stagg and another, linen-drapers, Leicester-square. About six o'clock in the evening of the 13th of January, I was in the middle of the shop, which was lighted up—I saw two men come to the shop—I opened the inner door, and one of them came in—I asked what he wanted—we had some things hanging up in the lobby, about two yards from the door—the prisoner pulled down a cloak that was hanging in the lobby, and ran away with it—it was almost the last cloak in the lobby—I followed him into the square—about 100 yards from the shop he turned round and saw me following him—he threw the cloak at me—I cried "Stop thief," and followed a short distance—I then turned round and picked up the cloak—he was stopped by a young man in our establishment—I saw him brought back about a minute after—I am certain he is the man—the cloak is worth 40s.,
Cross-examined by MR. PAYNE. Q. How do you know it? A. Here is a mark on it, in the handwriting of our young man—I had seen the cloak and the mark five minutes before—there were about eight cloaks there.
HENRY OLIVER . I am in the prosecutor's employ—I saw a man running before me—I took the prisoner—he fell down—I had seen a cloak thrown at Arnold's face—I did not lose sight of the prisoner till he fell—there was no man running before me but the prisoner—there were plenty after me.
Cross-examined. Q. Had you seen him before that day? A. No—I was behind the counter—he fell down in Earl-court, Cranbourn-street, between five and six hundred yards from my employer's—there are no turnings—there were one or two persons before him.
GUILTY . Aged 22.— Confined Six Months.
GUILTY .— Confined Six Months.
645. HENRY NIXON and CHARLES MARTIN were indicted for stealing, on the 10th of January, 2 cwt. weight of coals, value 35., the goods of Charles Ritchie, the master of Nixon; and that Martin had been before convicted of felony; to which they both pleaded
GUILTY . Confined Six Months.
646. ANN MONKHOUSE was indicted for stealing, on the 15th of October, 1 locket, value 5s.; 1 shawl, value 4s.; 1/2 lb. weight of tea, value 2s.; 1lb. weight of sugar, value 10d.; 1lb. weight of bacon, value 8d.; 1 shift, value 10s.; 1 dressing-gown, value 6s.; 1 pair of drawers, value 3s.; 1 pair of stockings, value 6d.; 2 waistbands, value 2s.; 1 pair of gloves, value 2s.; 1 cap, value 3s.; 7 shillings, 8 sixpences, 1 groat, 7 pence, 6 halfpence, and 4 farthings, the property of John Perring Matthews, her master.
LOUISA MATTHEWS . I am the wife of John Perring Matthews, a glass painter. I keep the Cumberland coffee-house—the prisoner has lived with me nearly three months, as servant of all work—I missed the articles stated in the indictment—they might all have gone at one time—about three o'clock on the 14th of December the prisoner's box was searched—the prisoner was in the act of opening it when my husband went into the room, and demanded to see its contents—he called me—I said I would have it instantly searched, and the prisoner took out a great number of articles which are mine—as soon as I saw them, my husband went for a policeman—the prisoner begged for mercy, and said she had taken them—I said I would forgive her if she would confess that she had got the locket—she said she had not got the locket.
Cross-examined by ME. PAYNE. Q. Was she a stranger to you before she came to live with you? A. Yes, quite—I was to give her eight guineas a year—she came to me first as a lodger, and represented herself as being married to a man in the Life-guards—she said she was in a situation with a young lady who was gone to Windsor—she is not a relation of mine—I believe she has represented herself as a relative—I never wrote to her at Richmond to come and stay with me—I never knew she was at Richmond—she never lent me any money—I will swear that—I was married on the 12th of December, during the time the prisoner was with me—this trial was postponed on account of my illness—I was very ill—I have kept the coffee-house since July last—Matthews has lived there since November last—I was keeping the coffee-house before he came—he did not come to live with me as a waiter—he was in his own business as a glass painter—I was married at St. John's, Edgeware-road—I was married at eleven o'clock in the morning—Ann Cox and Mrs. Bell were present—Matthews slept in a room up stairs in November—he never was with me before I was married—the hair in the locket is the hair of a young person who is with me—it is not the hair of the prisoner's mother—it is my firm belief it is the hair of a Mrs. Allingham—on my oath the prisoner did not lend me 10l.—I never was confined.
JOHN BENT (police-sergeant S 19.) I went to the prosecutor's house on the 14th of December, about three o'clock in the afternoon—I found the prosecutrix in the bed-room—the prisoner and Mr. Matthews were there—the prosecutrix pointed out the prisoner to me, and said she had been in her service two or three months, and had been robbing her of wearing apparel and such like—she pointed out sundry articles, which were then out of the box, some were on the floor, some on a bed, and some on a table—the prisoner said she was extremely sorry, and begged her mistress's pardon, and hoped she would forgive her—I took nothing out of her box—I have had the things ever since.
Cross-examined. Q. How long have you been in the police? A. Twelve years and three or four months—I never spoke to Mrs. Matthews before
that day—I have frequently passed the coffee-house—I never was in it till that day—the prisoner was very much agitated—I was in my police dress—I had never seen her before, to my knowledge—Mrs. Matthews gave me some pawn tickets.
CHARLES AUGUSTUS FRANCE . I am shopman to Mr. Armstrong, a pawnbroker, in Ernest-street, Regent's-park. I produce a locket pledged by the prisoner, on the 21st of October, in the name of Ann Smith—I have had it ever since, I gave her the ticket.
Cross-examined. Q. Had you ever seen the prisoner before? A. No—I believe it to be her—a great many persons come to our place.
(Property produced and sworn to.)
LOUISA MATTHEWS . This is the key of the till in the shop, which I had lost—the prisoner frequently stated that Lake must have stolen the money from the till—there were two other men living in the house.
JOHN PERRING MATTHEWS . I went for the policeman—he came soon after, and I was in the room when he arrived—the things were taken from the box in the presence of myself, my wife, and the policeman—I was married in December—I forget the day, it was towards the latter end of December—I never was married before—I am sure it was not in January—I was married at St. John's church, Hyde-park-square, Edgeware-road.
Cross-examined. Q. Were you married at the time the case went to the police office? A. I think I was—I am sure about it—I cannot tell the day of the week—it was in the morning, about ten o'clock—there were three persons at the wedding—it was before Christmas I was married—I cannot say how long before Christmas—I came last Sessions, and gave evidence to have the trial postponed—I did not say my wife was ill, and expected to be confined every hour—I was married at the time I made the statement.
NOT GUILTY .
ANN DYKE , I am a widow, and keep the Bull's Head public-house, Walbrook. The prisoner has been my pot-boy for about eighteen months—he was entrusted to take out beer and receive the pay for me—it was paid weekly. On Sunday, the 2nd January, he went out—he ought to have returned the same evening, or early on Monday morning—he did not come back till the Wednesday, when I had him apprehended—he was brought into my presence by a policeman, about nine o'clock in the evening—I told him he had been away before, and I could not overlook his receiving my money and spending it—he said he was very sorry, but if I would let him come back he would try to make every thing right, but as he had done it before I told him I could not overlook it.
Cross-examined by MR. DOANE. Q. You have a ready-money business and a credit business? A. Yes—I used to give to the prisoner tin tickets, which represented money—sometimes he had 10s. worth, and sometimes 1l. worth—the amount of each ticket varied—some were 2d., some 4d., and
so on—the prisoner gives them to the men, who come and get beer on them, and the prisoner gets beer for them-be take, it to one or two factories, and these tickets are kept against him—the ticket, would be charged to, him—he had a discount of 1s. 8d. in the pound-in the week before be went out I had had no settlement with him, on account of very few men being at work at Mr. Wilson's factory, and it. went two weeks—I know the greater part of the customers he serves.
COURT. Q. Had you ever known him absent as much as three days before? A. No, two days—he was indebted to me then—he promised to behave better, and I took him again.
WILLIAM COOPER . I am a card-maker. I am in the habit of getting my beer at Mrs. Dyke's—I used to take the tin., and the prisoner brought the beer—I settled on Saturday nights—on the 27th of December I paid the prisoner half-a-crown, and on the 3rd of January, 1s. 10d.
ROBERT M'GOWAN . I am a bookbinder. I have dealt with the proscutrix nearly two year.—I used to have the beer of the prisoner at Mrs. Dyke's house, and to settle with the prisoner once a week—I paid him 3s. on Saturday, the 1st of January—it was a fortnight's credit.
Cross-examined. Q. Can you tell us how many time, you had been at the house during that fortnight? A. Four or five.
THOMAS RICHARDS (City police-constable, No. 486.) I took the prisoner—I asked him if he knew the charge I had against him—he said, "No"—I said, "For 4l. received for Mrs. Dyke, but yon had better come and see her"—he said, "Let me go to-night, and take me in morning"—I said, "I cannot do that"—he said his intention was to come and see if he might come back—he said he had spent the money—he was sober.
Cross-examined. Q. Do you know where the prosecutrix's house is? A. Yes, I took him in Dowgate-hill—he was standing about thirty yards from the prosecutrix's.
ANN DYKE re-examined. I did not receive 1s. 10d. from the prisoner, as from William Cooper, or 2s. 6d.—I did not mention these sums to the prisoner when he was brought back—I never got 3s. from him on account of M'Gowan—I expected him to settle every week—I had not settled with him on the 1st of January—I did not desire him to account with me on Saturday, because some did not pay till Monday morning.
NOT GUILTY .
Sixth Jury, before Mr. Common Sergeant.
648. THOMAS PITCHER was indicted for stealing, on the 10th of January, 21/4 yards, of kerseymere, value 15s.; 1 piece of fur, value 1s. 6d., 1/4 of a yard of velvet, value 2s.; and 1 button, value 6d.; the good, of Benjamin Woolf, his master; to which he pleaded
GUILTY . Aged 28.—Recommended to mercy.— Confined One Month.
649. THOMAS CLANCEY was indicted for stealing, on the 7th of January, 1 purse, value 2s.; 2 sovereigns, 3 half-crowns, shillings, and 1 sixpence, the property of James Bull, from the person of Eliza Bull.
ELIZA BULL . I am the wife of James Bull, residing at the King's Arms tavern, Snow-hill. At half-past three o'clock in the afternoon of the 7th of January, I was in the Strand—I had a reticule containing a pocket handkerchief, and a purse containing two sovereigns, and 10s. in silver—Beckett told me I had been robbed of my purse, and pointed out the prisoner—I
called, "Stop thief"—he ran down Surrey-street—Beckett and I followed—I saw him throw the purse down an area—I remained where it was thrown, and saw it picked up—it was given to me, and was mine—I afterwards found my reticule was cut.
Cross-examined by MR. BALLANTINE. Q. HOW far were you from Surrey-street? A. Perhaps three or four yards—when the prisoner was pointed out, he was standing still—there were several people about, but not close to him—I went to the area, and saw it lying there—it was not out of my sight—a young man gave it me through the railings—it was a grating level with the street.
SAMUEL BECKETT . I live in Grange-road, Bermondsey. I was in the Strand—I saw the prosecutrix surrounded by the prisoner and three others—I saw the prisoner's hand leave the lady's dress, and in it was this purse—he tried to conceal it from me, and to pass it to one of the others—I kept my eye on him, and he could not do it—I told the prosecutrix—she looked, and found the purse had been taken—she cried, "Stop thief"—the prisoner started off down Surrey-street—I was in advance, and saw him throw the purse down the area—I took him in Norfolk-street.
Cross-examined. Q. You saw him throw the purse down? A. Yes, he was first, I was second, and the prosecutrix was third—the purse fell on the rails, and then fell through—I am traveller for the house of Ritson.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Six Months.
LUKE PIPES . I am a smith, and live in Gough-street, Gray's Inn-lane. Between nine and ten o'clock in the morning of the 11th of January, I saw the prisoner and several more running towards Finsbury-square—there was a cry of "Stop thief"—I took hold of the prisoner—he turned down a gateway, and threw two balls of silk out of his hand—I took them to Mr. Woodall's shop.
SAMUEL BYFIELD . I was errand-boy to the prosecutor, who lives in Bishopsgate-Without. At half-past nine o'clock on the 11th of January, I was in the shop—the prisoner came in, and asked for some drab twist—I put the drawer up to him—he looked, pulled out a ball, and said that would do, he wanted a yard of it—he put his hand into the drawer again, took out these two balls, put them into his left pocket, and said he wanted some other silk—he was going out of the door—I caught him, and went with him as far as Sun-street, and there he got from me.
Prisoner. I hope you will have mercy on me—I have a wife and three children in great distress.
GUILTY . Aged 29.—Recommended to mercy by the Prosecutor.
Confined One Year.
AUGUSTUS FREDERICK HIPPOLITO DA COSTA . I am a lieutenant in the Royal Sappers and Miners. The prisoner was a private in the regiment—last summer I sent my watch to Mortimer and Hunt's to be repaired, from Black Pool, in Cumberland, where I was then quartered—on the 13th of September, the prisoner was at Black Pool—I had occasion to send him to Woolwich on or about that day—I sent a letter to Serjeant Yolland, enclosing this letter to the prisoner to take to Mortimer and Hunt's, authorizing him to receive the watch for me—if that order was delivered, and the watch given to him, it was his duty to give it to me—he ought to have returned shortly after the 25th of September, and brought the watch, but he did not, and I did not see him again till he was at the police-office—the watch produced is mine, and the one I sent to London to be repaired.
WILLIAM STAFFORD . I am in the employ of Mortimer and Hunt in New Bond-street—the watch was sent to us to be repaired, at the latter end of September—we received a letter and delivered the watch to the prisoner—the order was taken in by the clerk.
Prisoner, Q. Did you deliver the watch to me? A. No, it was not given him by me, nor in my presence.
WILLIAM JEFFRIES . I am cashier, to Mortimer and Hunt—I know they received a letter from the prosecutor—the prisoner came and asked if Mr. Da Costa's watch was ready—I told him the party who had the execution of the order was not in, if he called the following day, I had no doubt it would be ready for him—Mr. Stafford had the execution of the order—he said the watch was sealed upon his desk—the prisoner came, and I gave him the parcel sealed up—I asked if he was authorised by Lieut Da Costa to receive the watch—he said he was—he was dressed in regimentals.
Prisoner. Q. What date was that? A. The latter end of September, I cannot swear to the day.
Prisoner. Q. What time was it pawned? A. Between dinner and tea in the afternoon.
DINAH KEEBLE . I live in Clare-court, Drury-lane—the prisoner was, in the habit of coming to visit one of my daughters—he came on the 17th of September, and staid a day or two—then he went to Woolwich, and returned a second time—he said his father had bought his discharge from the army—he was going to Cumberland, and he had to go to Bond-street to fetch a watch for Lieutenant Da Costa—this is the watch—he remained with me till he was taken into custody—he gave my daughter his trowsers to mend—she save them to me—I found in them the duplicate of a watch pawned for 7l., in the name of Da Costa.
Prisoner. Q. Did you name that to me? A. No, I did to my husband—it was not many days before you were taken—you told me you wrote in the country for money.
Prisoner's Defence. I do not deny having the watch; after I received it, I went to Mrs. Keeble's, and took the case out of my pocket; I saw one
end of the seal was broken; I thought it would be no harm to see if the watch was safe; I gave it to Mrs. Keeble to keep; the next day I took it again; I then met with some soldiers who gave me some liquor, I was overcome and fell asleep, when I awoke I missed the watch; I could not find the soldiers; two days after a boy came up to me and gave me the duplicate.
GUILTY . Aged 22.— Confined One Year.
GEORGE IRVING . I am in the service of Charles Edwin Kendall, Nos.4 and 5, Great Saffron-hill—between seven and eight o'clock in the evening of the 7th of January, I was in the shop—I saw through a hole in the window a hand—I went outside and saw the prisoner with these shoes in his hand, and I said, "Stop thief"—there was no one else near him—he ran away, and I after him—there were two others two or three yards away from him—when he was stopped by a policeman he had not the property with him—he had an opportunity of giving them to the others—he ran close by them—I have missed a pair of shoes from the window.
Cross-examined by MR. HORRY. Q. Did you see his hand in the window when you went out? A. No, his hand was out and the shoes in it—he was standing about five yards from the door with his face to the window—he had not began to run till I called "Stop thief," he was stopped by a policeman at the corner of Bleeding-heart-yard—there were not a great many persons about—I was close to him when he turned the corner—I did not see him throw the shoes away—he ran by the side of the two men—he had the shoes in his hand after he got by the window.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Three Months.
JOHN ALLEN . I am a sailor, belonging to the Martindale, lying in the London Dock. On the 1st of February I met the prisoner in the Highway—we walked, till we tame to an archway, and there stood talking—she said she wanted to go across the road for a necessary purpose—I felt for my tobacco-pouch, and it was gone—I had 17s. in it—I laid hold of her, and called for a policeman—he took her—the tobacco-pouch and money were found in the street—I could not have dropped it—I did not feel her take it.
Prisoner. He was along with some girls, and was drunk. Witness. No—I had a little drink—I knew what I was doing.
CHARLES BROOK (police-constable K 396.) About one o'clock this morning I heard a cry of "Police"—I came up High-street, Shad well, and saw the prosecutor with the prisoner—he said she had robbed him of 17s. 6d., and his tobacco-pouch—I took her to the station—she was searched, and this pocketbook found, containing 6s. 11d.,—I went to the place with a lamp, and found a
tobacco-box, with 11s. in it—she said the other money was her own—the prosecutor was not perfectly sober, but not drunk.
NOT GUILTY .
654. HENRY BROGDEN and ALEXANDER SMITH were indicted for stealing, on the 3rd of January, 2 beds, value 5l.; 1 carpet, value 1l. 15s.; 2 counterpanes, value 1l. 10s.; 2 blankets, value 1l.; 2 quilts, value 10s.; 1 looking-glass and stand, value 10s.; 1 bolster, value 7s.; 4 pillows, value 10s.; 1 tea-caddy, value 10s.; 12 forks, value 6s.; 1 work-box, value 5s.; 2 boxes, value 2s.; 1 carpet-bag, value 3".; 6 towels, value 2s.; and 1 basin, value 4d.; the goods of Thomas Piper.
THOMAS PIPER . I keep a public-house, in Vine-street. Brogden lived at my house for seven or eight months—Smith was living with a woman—between seven and eight o'clock, on the 3rd of January, I found my wife had left my house, and the things stated were all gone—I went to Emmanuel's, and found the property all safe there—I did not authorise either of the prisoners to take it.
Cross-examined by MR. PRENDERGAST. Q. It was all done by your wife's orders? A. I believe so—sometimes she and I were good friends—sometimes words occurred, and then I have told her to take what she liked and go off—I have got her back—I think Brogden had no felonious intent—what be has done was by direction of my wife.
NOT GUILTY .
There was another indictment against the prisoners, on which no evidence was offered.
OLD COURT.—Thursday, February 3rd, 1842.
Second Jury, before Mr. Recorder.
GUILTY . Aged 28.— Confined Two Years.
(There were two other indictments against the prisoner.)
656. GEORGE ATKINSON was indicted for stealing, on the 21st of January, 16 bottles, value 3s.; and 2 gallons of beer, value 10s.; the goods of Thomas Storer Dobinson and another, in a vessel in a port of entry and discharge:—also, on the 21st of January, 1 purse, value 3d.; 1 seal, value 3s.; 1 knife, value 2s., 6d.; 1 watch-key, value 2d.; 4 pieces of foreign copper coin, value 1d.; 1 sovereign, and 1 half-crown; the property of Jenkin Cullen: and two pairs of trowsers, value 5s.; 1 handkerchief, value 1s.; 1 bottle, value 6d.; 1 pint of gin, value 1s. 6d.; the goods of John Silk Buckingham Miller, in a vessel in a port of entry and discharge; to both of which he pleaded
GUILTY . Aged 19.— Confined Two Years.
Before Mr. Justice Williams.
657. JOHN BERRY was indicted for stealing, on the 10th of January, at St. Lawrence Jewry, 1 cash-box, value 10s.; 1 piece of stamped paper, value 1s.; 3 sovereigns, 2 half-crowns, 6 shillings, 1 sixpence, 2 pence, 1 bill of exchange for 126l. 18s.; 1 other bill of exchange for 22l. 7s. 6d.; 1 other bill of exchange for 20l.; 8 orders for the payment and value of 115l. 10s. 3d.; and 1 5l. Bank-note, the property of William James Chaplin, in his dwelling-house: and 2 5l. Bank-notes, the property of John Sutch Taylor.
JOHN SUTCH TAYLOR . I am managing clerk to Mr. William James Chaplin, coach proprietor, of the Swan-with-Two-Necks Inn, Lad-lane; I have the management and superintendence of the money in the office. On Monday, the 10th of January, there was a cash-box in the desk in the counting, house, containing three bills of exchange, not due—one for 126l. 18s., one for 20l., and one for 22l. 7s. 6d.—there were four others which were of no value, as the parties had been bankrupts—three of them were for 12l,. 10s. each, and one for 18l.—they had been lying in the cash-box several years, as far back as 1837 or 1838—I think there were eight cheques on our bankers, Messrs. Glynn, and two 5l. Bank-notes, and four sovereigns, my own money—there was also a 5l. note, three sovereigns and silver, making 8l. 11s. 8d., the property of my employer—I missed the box about eight o'clock, on the evening of the 10th—I had seen it safe about one o'clock, when I had occasion to use it, to go to the corn-market—I was sitting in the counting-house till near seven o'clock, and had occasion, from pressure of public business, to go into our public office, and left the keys in my desk—on my return, I went to the desk, and immediately missed the box—the desk was open, and the keys were in the lock—on the evening of the following day, the 11th, I saw part of the property again, in the possession of the policeman Hunt—I do not know any thing of the prisoner, he was not in our employment.
HENRY FEARON . I keep the Rising Sun public-house, Sidney-street, Mile-end. On the 10th of January, near eleven o'clock, the prisoner came to the bar, and asked for a glass of brandy and water, and change for a 5l. note—I told him I had not got it, because I never gave strangers change—he kept it—I saw that it was a 5l. Bank of England note—I saw no other property that he had—he said, while he was at the bar, he must have change of a 5l. note, for he had just lit his pipe with one—he made quite a smile of it—he appeared to be sober.
Cross-examined by MR. DOANE. Q. Had he had any thing to drink in your house? A. I did not serve him with any thing myself—I cannot tell how long he had been in my house—I first saw him at near eleven o'clock—I did not look at the clock particularly—he did not pay any thing to me, nor in my presence—I did not serve him with rum and water—the waiter took it up—I did not take any money for it—I did not see him drink it—I received no money at all from him, the waiter did—I did not have the note in my hand—I saw the corner of it—I have seen many flash notes—the corners of them look Very much like Bank of England notes, but are not like them.
COURT. Q. Was this a flash note or a Bank of England note? A. I should say it was a Bank of England note.
ISAAC JOSCELYNE . I am a tailor, and live at No. 249, Shoreditch. On Tuesday, the 11th of January, between two and three o'clock in the day, the prisoner came into my shop—he selected a coat and pair of trowsers to the value of 2l. 10s., and offered me a cheque of 14l. 6s. 8d.—I had it in my hand—I examined it and remarked, "I have no doubt it is good,
being crossed, it must go through a banker's"—I said, "I should like to know how you came by it; I see it is by Chaplin on Glynns"—he made no answer to that—I said, "Have you no other money by you?"—'he said, "No, I have not, I want this cashed"—I said I did not like taking it of a stranger, I had no doubt of its goodness—after some further remarks in came the officer Hunt—he described the prisoner exactly, tod I said, "Here is the very man you want"—I gave the cheque into the hands of the officer, who took the prisoner immediately, and the prisoner said, "It is all right, I will go with you"—I did not see any other property but the cheque.
RICHARD HUNT (police-constable H 34.) I went to the shop of Mr. Joscelyne to make inquiry about a man, and found the prisoner in the shop—I took a cheque from Mr. Joscelyne, which I have here—I have kept it ever since—I took the prisoner, searched him at the station, and found several other papers in his pockets, and four bills of exchange tucked into his sleeve—these are them—(produced)—the same evening I took them to Mr. Taylor, by the Magistrate's request, and he identified them.
JOHN SUTCH TAYLOR re-examined. This is one of the cheques which was in the cash-box on the 10th—I can speak positively to it by a letter which is attached to it from the clerk of a correspondent at Bristol, a partner of Mr. Chaplin's in that line of road, whose handwriting I can identify—the body of the cheque is in the handwriting of Mr. Chaplin's son, and the signature is Mr. Chaplin's himself—this other paper is 1s. stamp receipt, which I also believe to be part of the contents of the cash-box—it is a particular kind of stamp, on a sheet of foolscap, and is issued on the receipt of monies at the Treasury, and which are found by the Treasury on payment for the same—the amount of the cheque is 14l. 6s. 8d., which was the amount of the one I had in the box—here are the four bills of no value of which I have spoken—I have not the slightest doubt they are the four bills that were in the cash-box—here is a wine merchant's bill, a stock receipt, and several private papers of my own of no value, which I know to have been in the box on the 10th of January—the whole amount of property lost is near 300l., exclusive of the bills of no value.
Cross-examined. Q. Was that letter attached to the cheque when produced to you by the officer? A. Yes, and it was attached to it when in the cash-box—the cheque has something to do with a coach settlement between Mr. Chaplin and his partner at Bristol—Mr. Chaplin has no partner in the Lad-lane business—he has many co-workers in other concerns—his name is William James Chaplin—this cheque is signed "William Chaplin"—he signs so in all his public business—it is his ordinary signature, but on particular occasions he signs his full name—the property lost belonging to me was two 5l. notes and four sovereigns.
COURT. Q. Is the office part of Mr. Chaplin's dwelling-house? A. Yes—it communicates with the other part of the premises, by going into the yard—it is under the same roof.
GUILTY . Aged 23.— Transported for Ten Years.
Before Mr. Justice Cresswell.
28th of December I went home about five o'clock—the prisoner, my wife, and a little boy, named James Brown, were there—the prisoner and my wife were having a few words—she was trying to get him up stairs to bed, as lie was drunk—he said he should not go to bed before he chose, he should go and have some more beer at the public-house—I said, "If you intend to go out any more to-night, you will go for good"—he said, "Never mind, Jack, you shall suffer as well as me; I will suffer, and you shall suffer, but I will do it"—my wife then arose him from the chair, and led him by the arm into the back-room—he was gone about ten minutes—my wife returned first—I sent the little boy into the room soon afterwards, to see whether he was gone to bed—he slept up stairs—the little boy returned, and said, "Uncle, Joe has got a knife in his hand, and he is coming into the room to you"—the prisoner followed the boy into the room—I did not myself see the knife in his hand—I said to him, "Joe, what have you got in your hand? if you have got a knife in your hand, throw it down"—he said, "What I have got in my hand I mean to give to you"—he rushed on me, as I was sitting in the chair, and stabbed me in my right arm—we both fell together—we had no struggle, no further than he tried to do what he could to me—as soon as I recovered myself, I found myself on the floor, and he was sitting in a chair by the fire—my wife pulled him off me—I said, "Joe, if I had been aware of your going into the back-room to fetch a weapon to me, I should have been apt to give you a blow"—at the time I was on the floor, my wife hallooed out, "Fetch a neighbour in"—the little boy went for a neighbour, named Harding, who came in after it was all over—a policeman was sent for—the prisoner remained, till one came and took him away—the wound was in the thick part of the arm, above the elbow, by the side of the muscle—it was a deep cut—it went to the bone—I went directly to the hospital, and had it dressed—I have been there five weeks, and am an out-patient now.
Cross-examined by MR. CLARKSON. Q. When did you first feel this wound on your arm? A. At the time I was on the floor—I should say we were struggling about five minutes, or it might be something more—we had had words before, but nothing to speak of—he had drunk more than was good for him, and that was the cause of it—he did not offer to leave the house after it was done—he wished to have the police-man there and then—he is a working bricklayer, and is single—my wife was very angry because he would not go to bed—she first tried to persuade him to go, and then pulled him off the chair—that appeared to irritate him a good deal.
GUILTY . Aged 27.— Confined Six Months.
659. JOHN WILSON was indicted for stealing, on the 10th of January, 1 bag, value 6d.; 2 half-crowns, 3 shillings, 3 groats, 8 pence, and 8 half-pence; the property of Catherine Burke, from her person.
GEORGE SADLER . I am a. labourer, and live in Rosemary-lane. On the 10th of January, about half-past two o'clock in the afternoon, I was on Tower-hill—there was a great crowd of people listening to a man singing—I saw the prosecutrix standing close by me hearing the singing—I saw the prisoner go and lift up the bottom of her gown, put his hand in, and pull out a bag—he directly started, and ran away—I immediately ran after him, and said, "You rascal, you drop that"—he threw the bag down,
and kept on running—I picked up the bag, shouted, "Stop thief," and a policeman stopped him.
Cross-examined by MR. HORRY. Q. There was a considerable crowd round this singer, was there not? A. Yes—I stood leaning my back against the railings, with my back to the Tower, and the prosecutrix was close by me—it was just by the round-house on the Tower-hill—I had come from Rosemary-lane, and was going into Thames-street—it was about the middle of Tower-hill—the singer was in the crowd in front of me—the prosecutrix was standing with her back to me, looking in among the crowd, and the prisoner was behind her—I had been there about ten minutes before I saw the bag taken—there were a good many persons between me and the singer, but no one between the prisoner and me—I distinctly saw him put his hand under a pocket-hole which she had in her gown, and pull it up—she was not standing among the crowd, but by the side of it—people stood on her right and left—when I first saw the prisoner pull up her gown, I thought she might be his mother, and that he was going to take an apple out of her pocket, or something of that sort, but when he ran away I ran after him—I did not tell the prosecutrix of it before I ran after him—a policeman stopped him in Tower-street—I saw him running all the way—I had just been home to my dinner, and was coming back into Thames-street—I work on the Custom-house quay at times—I had no work there that day—I was going to Mr. Burrows's, who keeps the Rose and Crown public-house, in Thames-street—I was not in work that day—I get jobs as I can, on board the packets, and at the quay—I think I was working there the day before, but I will not swear it—I am sure I had worked there that week—I know the prisoner's brother—I have not talked much to him—he spoke to me yesterday morning, and asked how I was—about a fortnight ago he met me in the street, and said, "You must not be hard with my brother on the trial; did you get a paper?"—I said, "Yes"—be said, "I will give you three bob for it"—I did not say I was very hard run, or I should not hare said what I did about the purse—I swear that—I did not take the 3s. not to come here.
COURT. Q. Did you receive 3s. from the prisoner's brother? A. Yes, he said he would give me three bob for the paper—I thought the paper was of no use to me, and I gave it to him—he took it in his hand, and was going to tear it—I do not know whether he did or not—he laughed at me, and said I should get nothing for my expenses, and should get a punching into the bargain—I expect he thought I should not know the day to come here.
DANIEL THOMPSON . I am a City policeman. I was on duty on Towerhill on Monday, the 10th of January, about twenty minutes, or half-past two o'clock—I saw the prisoner running from Postern-row towards Tower-street, and a number of people after him, crying "Stop thief"—I ran, and came up with the prisoner in White Hart-court, into which he turned out of Tower-street—I took him into custody, and as I was taking him towards the station, the prosecutrix and Sadler came up—the prosecutrix had this black bag in her hand, and said, "This is the money that was stolen"—Sadler said, in the prisoner's presence, that he saw the prisoner take the bag from the prosecutrix's pocket, and run away—I do not know what reply the prisoner made, but when I first took him, he said he had done nothing—I examined the contents of the bag at the station—
there were two half-crowns, three shillings, three fourpenny pieces, and 1s. in copper in it—I produce it.
Cross-examined. Q. Have you had the spot pointed out to you where this singer is said to have stood? A. Yes, and should suppose the distance from there to where I took the prisoner to be between 200 and 300 yards.
CATHERINE BURKE . On the 10th of January, between two and three o'clock, I was on Tower-hill—I had this bag in my pocket, containing 10s.—I stood to hear a man sing—I did not feel the money taken out of my pocket till a woman said, "Mistress, you are robbed, and the chap has run down there"—I went towards the place where the persons went, but did not see the prisoner till I saw him with the policeman—this is my bag—there is only 5s. in it now—the Magistrate allowed me to have 5s. of it.
MR. HORRY called
WILLIAM WILSON . I am the prisoner's brother—I work at Billings-gate, and when I cannot get work there, I go round and sweep the streets—I know the witness Sadler, and have conversed with him about this case—he said, if he had not been pressed by want, he should not have given my brother into custody—he said another man advised him to go because he would get a few shillings by it—he said, if I would give him 3s. 6d., he would go away and go into Yorkshire—I gave him 3s. 6d., and he gave me the paper—he said he could not tell whether he was the boy or not, because there was a lot of them together—the prisoner was coming to Billingsgate to me at the time he was taken—yesterday Sadler asked for 3s. more, and said, if I would give it him he would not say anything more about it—I would not give it him, and on Monday he asked me for money as well.
(The prisoner received a good character.)
GUILTY . Aged 15.— Confined Three Months.
Before Mr. Recorder.
660. JAMES PAYNE was indicted for stealing, on the 25th of December, 5 sovereigns, the monies of Henry Rhodes : and JOHN SWAIN and THOMAS SPOKES , for receiving the same, well knowing them to have stolen.—2nd COUNT, for receiving the same of an evil-disposed person.
HENRY RHODES . I am a builder, and live at Kensington—the prisoner Payne is my nephew, and has been living with me about seven months. On the 24th of December I left town for a few days, leaving five sovereigns behind a glass case—I returned on Wednesday the 28th, and missed the money—my nephew absented himself on the 5th of January—I found him next day, and I questioned him about taking the money—he said he had not taken it—the policeman was passing by at the moment, and I told him to question him—I thought he might get it from him if he was guilty —I said to my nephew, "Now James, tell me candidly, whether you know any thing of this money?"—he said, "I do not," and burst out crying—I then promised him forgiveness.
RICHARD HILL (police-constable T 113.) On the 6th of January, Mr. Rhodes called me in and told me of the robbery in Payne's presence—he said to him, "I have blamed a good many in the house, and I want to know which is the right one"—I then asked Payne if he knew anything about the money—that was the first thing I said to him—I did not tell him it would be better to confess or threaten him at all—Mr. Rhodes told
me he had been robbed of five sovereigns, and that the boy had absented himself the night before, which gave him strong suspicion that it was him who took the money—I said, "Very well, I will tell the sergeant to come down"—he said, "You come in and see him"—I went in—Payne saw his uncle call my attention to him—I asked if he knew anything of the money—he said "No"—I did not promise him forgiveness, I only questioned bun—I afterwards apprehended Swain at his father's house in Sutton-street—I told him, that Payne had said, he gave him the five sovereigns—he aid that Payne gave him part of the money to buy pistols and pies with, that he had bought four pistols, the first was a horse pistol, which be gave 5s. for, that he burst that in firing it off, that he then went and bought three more, one he gave 1s. for, and the other two 15s.—I then took Spokes into custody, and told him that Payne had said, he and Swain had the five sovereigns—I did not say what five sovereigns—I said it was Mr. Rhodes's money—he then said, that he had part of the money, and that be went with Swain to buy the first pistol, the horse pistol, and that Swain went and bought the other three himself—he said that of his own accord—I had got Swain with me at the time—he said that in Swain's presence, and Spokes was present when I was talking to Swain—it was when they were both together, going to the station with me—I then asked Spokes what he had done with the pistols—he said they had been out shooting with them that day, and they were all three covered up with clay in Addison-road field, and all three loaded, and that Swain hid them there—I took them to the station, and Spokes went with me to the field—I found the pistols there, all three loaded with powder and shot—neither Swain nor Spokes said where the money came from—they said they had part of it from Payne, that Payne brought it and gave it to them—-they did not tell me whose money it was—they both said they knew it was Mr. Rhodes's money.
Cross-examined by MR. PHILLIPS. Q. Do you mean to state those were the words they used? A. Yes—both of them said they knew it was Mr. Rhodes's money—I am not in the habit of questioning prisoners—I did not question them—I only asked them if they key any thing of the money—I did not question them to make out the case against them—I did not tell them I should give their answers in evidence, nor caution them to take care how they answered me—all I asked them was what they had done with the money and pistols—the first thing I said to them was that Payne had said they had got the five sovereigns, and they said they had part of it—they said so immediately—I did not tell them it would be better for them to tell the truth—I have always represented that they said they knew it was Mr. Rhodes's money—they both owned that they knew it was stolen money, and also that they knew it was Mr. Rhodes's—I mentioned that before the Magistrate—I believe what J said at the police office was taken down in writing, and I signed it—I was desired to attend to it, and did so—(the witness deposition being read, stated, "both of them said they knew the money was stolen")—I do not see Mr. Rhodes's name mentioned in my deposition, but I mentioned it in my evidence—the boys owned to receiving the money at the station, when the sergeant, Mr. Rhodes, and several others were present—Mr. Rhodes did not tell me he had promised Payne forgiveness if he confessed.
MATTHEW SHOESMITH . I am assistant to Mr. James Killick, of Bankside, Knightsbridge. About eleven o'clock, on Wednesday morning, the fifth of January, the prisoner Swain came, with another boy, who I do not
recollect, and bought a pistol—he paid 5s., and I gave him 2d. out—in in the evening he came again, and bought another pistol for 7s., and two others for 15s.—he told me the pair was not for himself, but for another person—he paid with a sovereign in the evening, and the rest in silver—he bought no powder or shot.
MR. RHODES re-examined. I was at the station—I do not recollect hearing Swain or Spokes say any thing to the officer—I was there when Spokes was taken away by the officer, to look after the pistols, but did not hear what passed—I went with them to the station—I did not hear Swain and the officer talking as they were going along—I was not near enough to hear.
Cross-examined. Q. The station is not a very large place? A. No—I went into the station the minute after the boys—there were three police-men and the boys there—I staid there about half-an-hour—the boys left the room I was in to be locked up, after Hill returned with Spokes—my attention was principally directed to my nephew.
(Swain and Spokes received good characters.)
PAYNE— NOT GUILTY .
SWAIN— GUILTY on 2nd Count. Aged 14.
SPOKES— GUILTY on 2nd Count. Aged 14.
Recommended to mercy. Confined One Month.
JAMES HEPBURN . I live in West-street, Somers-town. The prisoner was in my service upwards of two years, and I always had a good opinion of him—in consequence of what my son told me I was induced to watch him on Saturday evening, the 8th of January, when the foreman called him to be paid—he had his hat on—he threw it into the back part of the shop, where he was accustomed to sit at his work, and went up stairs—I followed him up, and called the young man into the shop to bring his hat up stairs—(I had previously seen the contents of the hat)—on being brought up, it contained fourteen pieces of leather, which he had stolen, and set apart in the shop, covered over with a bit of rag to conceal them—I said, "Saunders, what do you think of this?"—he said he was sorry—I told him' if he would confess whether he had stolen any thing previous, how he had disposed of it, and to whom, I would deal mildly with him, I did not wish to prosecute him—we have many such pieces of leather as these on our premises.
Prisoner. I took them to mend my shoes.
(The prisoner received an excellent character.)
GUILTY . Aged 55.— Confined Seven Days.
FREDERICK COLLINS . I am shopman to James Francis Thompson, a pawnbroker, in East-street. On the 10th of January, the prisoner came to redeem some articles at the shop—I delivered five parcels to her—she
was in the shop about twenty minutes—as soon as she was gone, I missed a black gown—I ran out, stopped the prisoner about eight or nine yards from the shop, and told her she had got something belonging to Mr. Thompson—she said she had not—I brought her back to the shop, pulled her apron on one side, and saw she had our black gown underneath the parcels I had delivered to her—a constable was sent for, and she was given in charge—I missed a pair of stays after returning from the station—I went back to the station, and saw the stays found in the prisoner's bundle—they could not bare got among her things accidentally, for the gown was pinned on a line at the back of the shop, and the stays were hanging across a partition which separates the pledge from the sale department, and was about two yards from the gown—they must have been separately taken, and they were not in the place where the pledges are delivered.
Prisoner. He said I had taken a gown in mistake, and I said, "Hare I?" I did not say I had not. Witness. I did not say she had got a gown—I said she had got something belonging to Mr. Thompson.
CATHERINE M' GREGOR . I was in the prosecutor's shop when the prisoner was there redeeming some articles—I saw her take two pint out of the black gown, which was on a line—I came out before her—I told the shopman what she had done before I left.
Prisoner. She did not see me unpin it; the pin caught my cloak, I pat up my hand to remove it, and it pricked me; the gown was lying at my feet. Witness. It was on the line, when she unpinned it.
MARY ECKETT . I am the wife of a policeman, and live at the station in Marylebone-lane—I searched the prisoner, and found several duplicates on her—the stays were in her bundle—Collins afterwards came in—I then told the prisoner she was charged with stealing the stays—she made no answer.
Prisoner. I told her there was a pair of stays in the bundle. Witness. She did.
WILLIAM STEVENS (police-constable D 82.) I took the prisoner into custody—she proposed that she should take home every thing she had got out of pledge before she went to the station—I would not allow her to do so—she carried the bundle—I took possession of the gown—on our way to the station, she said that the gown was under her feet, she picked it up, and put it under her arm, under her cloak.
Prisoner's Defence, written—"I went to Mr. Thompson's, a pawnbroker, to redeem some articles, and there was a gown lying on the floor at my feet; there were other people in the shop. I stepped on it, and picked it up. I did not see any one look at me: my parcels came down; I put them into my apron all together. I paid for my things. I went out of the shop some distance; the young man came after me, and said I had got a gown in a mistake. I said I did not know that I had. I went back again into the shop; he took my apron aside and took the gown out. He called Mr. Thompson; he told him to call a policeman. 1 begged of Mr. Thompson for mercy; I told him I did not know what it was. I asked him if I might take my bundle home, or leave it with him; they said I must take it with me. As I and the policeman were going to the station, I looked to see if my parcels were right, and I found a pair of stays, which must have been with the gown, as I did not know what it was until
I was in the shop again. When I was searched, they called my articles over; I said there was a pair of stays. I could not say any more then; I was overpowered. In a short time after, Mr. Thompson's young man came to the station, and said Mr. Thompson had missed a pair of stays. They did not know whether I had got them, but asked if there was such a thing in my articles; then I said, 'Yes;' they said I stood charged with stealing a pair of stays also: I could not speak to them. When I was before the Magistrate, they said a woman in the shop said I was pulling the pin out of the gown; but that is false, the pin caught in my cloak, as they pushed me, I then put my hand, to loosen it from my cloak. I never was before a Judge till now."
(Thomas Jones, servant to Mr. Collier, of Gloucester-place, gave the prisoner a good character.)
GUILTY.—Aged 44.— Judgment Respited.
GEORGE MOIR . I am a bootmaker, and live in Newman-street, I formerly lived in Brick-lane. On the 31st of December I was in Newman-street, and on arriving in Brick-lane I found Mr. Dicks with the prisoner in custody, charged with stealing a pair of boots—he said he hoped be should be forgiven—the boots were then on a rail.
THOMAS DICKS . On the 31st of December, between ten and eleven o'clock in the forenoon, I stopped the prisoner, coming out of the prosecutor's shop with this pair of boots—he said he hoped I would let him go, for it was the first time—I took them from under his arm, and took him back.
(Property produced and sworn to.)
GUILTY .*— Confined One Year.
JOHN HANSLOW (police-constable T 68.) On the 6th of January I was on duty at Old Brentford, about a quarter past five o'clock in the evening, and the prisoners passed me together—Gardener had a bundle—I ran, and overtook them about 100 yards off, and asked Gardener what he had there—he said his sister's gown—I asked what he was going to do with it—he said, "To pledge it at Mr. Potter's"—I took him to his own house—his sister was not at home, and I took him to the station—he said he knew his sister was at home, but she was concealed—I returned, but could not find her.
ELIZABETH TIBBLES . I am the wife of William Tibbies, of Old Brentford. I know the prisoners—Gardener is my brother—they came to my house, at two o'clock in the afternoon, on the 6th of January—Thompson had a waistcoat under his own waistcoat, folded up under the arm—Gardener said, in his presence, that they had found a waistcoat—I
asked where—they said against the chapel—I asked three or four times it they were sure they had found it—they said yes—it was stained, as if it had fallen in the mud—I brushed it with my apron, and then pledged it at Mr. Potter's, and gave the money to the prisoners—they were together—I went on to Burford's, and there heard of a waistcoat being stolen—I went back and spoke to the prisoners about it—they began crying, and both said they had taken it, and begged me to forgive them—I said I could not forgive them, it must be Mr. Burford's—I began crying—I, took off my gown, and took two aprons and two handkerchiefs, and told my brother to go with all the haste he could to Burford's, to pawn them for 2s., and redeem the waistcoat—they were going for that purpose when the policeman stopped them—I said very likely, if they begged Mr. Burford's pardon, he would forgive them.
JOHN BURFORD . I am a pawnbroker, at Old Brentford. This is my waistcoat—it hung in my shop—about the middle of the day one of the prisoners came and asked me the time of the day—I had seen them there that day before, and sent Thompson out to fetch a carman back who had left some money on the counter—Tibbies came to my shop to pawn something—I was then sending my boy to inquire about the stolen waistcoat—she went away directly, saying she would return in a moment, bat did not—the waistcoat got dirty by the white off the wall.
Gardener's Defence, Thompson picked it up by the chapel gate.
GARDENER— GUILTY . Aged 14.
THOMPSON— GUILTY . Aged 12.
Recommended to mercy.—
Confined Seven Days.
665. SOPHIA PAGE was indicted for stealing, on the 5th of January, 2 shirts, value 6s.; and 2 handkerchiefs, value 4s. 6d.; the goods of William Potter : and HANNAH PAGE, for receiving and harbouring the said Sophia Page, knowing her to have committed the said felony: also, for receiving the said goods, well knowing them to have been stolen; against the Statute, &c.
WILLIAM POTTER . I am a pawnbroker at Old Brentford. On the 7th of January I had information of a shirt being stopped at Mr. Burford's—I went there and saw the prisoners—Hannah, the mother, claimed the shirt as hers—it was mine—I gave them into custody—I saw another shirt at Burford's, which was also mine—I went with a policeman and searched the mother's house, and found the duplicate of a silk handkerchief there—I found a sheet and handkerchief at Jones's, at New Brentford—the prisoner Sophia had come to our shop three times in the interval of two days about purchasing shirts—she was also there that morning, and I then lost a shirt with our mark on it.
JOHN BURFORD . I am a pawnbroker, at Old Brentford. On the 6th the prisoner Sophia came to our shop, and pawned a shirt and silk handkerchief, which Mr. Potter has since claimed—on the forenoon of the 7th she brought another shirt—I suspected something, and desired my son to fetch a policeman—I stopped it—that brought Mr. Potter down, and he claimed it—the mother came, about ten o'clock, to know the reason why I stopped the shirt, saying it was her property, and she had bought it of a woman over the water—I do not think she had any knowledge of its being
stolen, but it was to clear her daughter, and had not Mr. Potter come I should have given it up, thinking it was her own—she only spoke of one shirt—I have known her thirty years, and never heard any thing dishonourable of her.
JOHN WILLIAM JONES . I am a pawnbroker, at Old Brentford. On the 6th of January, about nine o'clock in the morning, the prisoner Sophia came and pawned a silk handkerchief, and about five the same day, a shirt.
MR. POTTER re-examined. I lost this shirt, which is marked "T. D.," on the forenoon of the 7th—the shirt and handkerchief are mine—Sophia was at my house on the 6th and 7th, several times.
Sophia Page's Defence. I was going along and found a bundle; it was two shirts rolled up in a silk handkerchief, and a handkerchief in it; I took them home; I took the handkerchief to Burford's; he would not take it, and I pawned it at Jones's, also one shirt, and a shirt and handkerchief at Burford's. On Friday morning I went to pawn another shirt at Burford's, and was desired to stop; I said I came by it honestly; I went to my mother's and told her; she asked where I got them; I made no answer; she went to Burford's to see if she knew the shirt.
SOPHIA PAGE— GUILTY . Aged 18.— Confined Six Months. HANNAH PAGE— NOT GUILTY .
NOT GUILTY .
NEW COURT.—Thursday, February 3rd, 1842.
Sixth Jury, before Mr. Common Sergeant.
667. GEORGE KING was indicted for stealing, on the 5th of January, 1 cloak, value 7s.; 1 gown, value 4s., the goods of Susannah King; and 1 gown, value 4s.; 1 shawl, value 13s. 6d.; and 1 scarf, value 2s. 6d.; the goods of John King; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 22.— Transported for Ten Years.
MR. BODKIN conducted the Prosecution.
MATTHEW CHAPPELL . I was employed as a labourer on Mr. Dyson's farm, at Enfield, nearly twenty years—I was charged with having stolen some oats of my master, when Mr. Dyson's nephew spoke to me—on the evening before I had taken a bushel and a half of oats of Mr. Dyson's from the barn, and put them into the wash-house—I took them away from the wash-house about seven o'clock, and gave them to Skiggs—he came against the yard—not into the yard—I gave them to him outside the fence—he had some oats twice before—He and I were together three nights be-before
that, drinking at the New Inn—Skiggs's wife asked me to get some.
Cross-examined by MR. DOANE. Q. What sort of a place is this wash-house? A. A brick place that adjoins the house—there is a yard surrounding the place—it is fenced round some part—there are doors from one yard to the other—they go out of the house into the wash-house—then the prisoner came, I carried the oats out of the wash-house in a bag, and gave it to him in the road—he took it out of my hand, opened the gate, and went through—I was on the path when he took it from my hand.
MR. BODKIN. Q. Did you expect him there that evening? A. Yes.
RICHARD DYSON . I am a farmer, at Waltham-cross—Chappell had been in my employ about nineteen years—I had no reason to suspect him till this discovery—on the 19th of January my nephew made some communication to me—I gave him directions in consequence of that, and on the following morning Chappell was charged with this—he made a statement two days after—I sent for a policeman.
HARMAN DYSON . I am the prosecutor's nephew, and live at Walthamcross, near this farm. On Wednesday, the 19th of January, I received directions from my uncle, in consequence of which I looked into the wash-house, and found a tub of oats, containing about a bushel and a half—I did not notice what sort of oats they were till they were found at Skiggs's house—Chappell had been employed threshing oats—he was in the barn at the time—the oats found were of the same description as those found in the barn—they are what are called Tartarian oats—here is a sample of what were found at Skiggs's and those at my uncle's—they appear to correspond—there are seeds in them—they are long-tailed oats—I believe they are the same—I saw these in the wash-house at five o'clock—I went to the wash-house on the following morning, and they were gone.
Cross-examined. Q. I suppose Tartarian oats' are nearly the same in all counties? A. I am not much of a judge, but these appear the same.
RICHARD DYSON re-examined. I have a sample from the bulk, and a sample from those found at Skiggs's—I have bought many thousands—they are very much alike—they have got horns and long tails—they are the same in both parts—I believe them to be the same—they are worth about 3s. a bushel.
JOHN REED (police-sergeant N 42.) At half-past seven o'clock in the evening of the Saturday, I took Chappell into custody—in consequence of a statement he made, I went to the prisoner's house—he is a marine-store dealer, about a mile and a half from the farm—he keeps a horse and cart—I found a small tub of oats in the lower part of the premises, which were not claimed by the prosecutor—I asked the prisoner where he got them—he said he bought them, and got them honestly—he said, "You may search, but that is all the oats I have got in the house"—I went up stairs to a bed-room, and saw a chest—on my looking at it he said, "You will find some more oats there, perhaps you will say that they are Mr. Dyson's"—I found about a bushel and a half there, a sample of which has been shown to Mr. Dyson.
GUILTY . Aged 35.- Confined One Year.
(There, were "two other indictments against the prisoner.
669. JOHN WILLIAMS was indicted for feloniously assaulting Rebecca Middlebrook, on the 9th of January, putting her in fear, and taking from her person and against her will, 1 bag, value 2d.; 1 printed-book, value 1s. 8d.; and 1 pair of gloves, value 8d.; her property.
REBECCA MIDDLEBROOK . I am seventeen years old, and live with my mother, Mary Middlebrook, in Tabernacle-walk. About nine o'clock on the 9th of January, I was returning from chapel—I had my bag on my arm containing a hymn-book and a pair of gloves—when I got within three or four doors of my own home, the prisoner came up and snatched my bag from my arm with violence—the string broke—I said, "He has got my bag"—the policeman came up and caught him up against the gates—the bag was found next morning—this now produced is it—I am sure the prisoner is the person.
HENRY GIBBS (police-constable G 75.) I was on duty—the prosecutrix said she was robbed, and said, "Run round the first corner," which was a dark yard leading to some stabling—I followed the prisoner to the bottom of the yard, and found him standing against some gates—I took him by the arm and asked him what he did there—he said he came there to ease himself—I brought him to the light, and she said, "That is the boy that robbed me of my bag"—I took him, and then went to look for the bag—I could not find it till four o'clock in the morning—he had thrown it over the gates, which are very high.
Prisoner. I was there easing myself. He came and said, "You young thief," and took me. There were other boys down the gateway. Witness. There were no other boys down the turning.
GUILTY . Aged 16.— Transported for Ten Years.—Convict Ship.
670. THOMAS CARROLL and GEORGE GOLDING were indicated for feloniously breaking and entering the dwelling-house of Thomas Taylor, on the 6th of January, at Hackney, and stealing therein 3 printed books, value 15s.; and 1 table-cover, value 2s. 6d.; his property; and that Carroll had been before convicted of felony.
THOMAS TAYLOR . I live in Derby-road, Kingsland-road—it is my dwelling-house, and in the parish of St. John, at Hackney. About four o'clock on the 7th of January, I fastened my window with the usual simple fastening, a spring catch—I left home at a quarter past six o'clock—I left my wife in the house and two lodgers—I returned about ten minutes before seven, as near as possible—I found some persons had been in the house and taken a Bible, Prayer-book, and hymn-book, and a table-cover off the table in the front-room—these now produced are them.
Cross-examined by MR. PAYNE. Q. Is there any name in either of them? A. Yes, in the Bible and hymn-book.
ELIZABETH TAYLOR . I am the wife of Thomas Taylor. At half-past six o'clock on Friday night I was sitting in the back-parlour—I heard a noise—I went out and saw the window of the front-parlour open—I shut it—I did not examine the fastening—I had not been in the room from the time of my husband going out—I missed the books and cloth from the table.
Cross-examined. Q. What other persons were in the house after your husband left? A. Two old ladies.
COURT. Q. Were they in the habit of coming down and going in the room? A. No, they had no business in the room.
JAMES BRENNAN (police-constable N 69.) I was on duty about four hundred yards from the prosecutor's, and about half-past six o'clock I heard a man call "George"—I looked, and saw a man standing in the Enfield-road, and then saw a man come from the Derby-road and join this man—they went in the direction of the Kingsland-road—I followed them to the end of the Derby-road, where there was a lamp, and then they passed me again—I saw Carroll had a bundle under his arm—I asked him what he had got—he said some books, and he had brought them from his sister's in the City-road—he said he was taking them to his sister's—I told him I was a police-constable, if he did not satisfy me, I should take him to the station—in the meantime Golding went on—Carroll threw down the bundle and made a desperate resistance—I secured him after some time, and a man anded me the bundle, which was lying in the road—I took it to the station, and it contained a Bible and Prayer-book—Mr. Taylor said he missed a hymn-book—I went back to the spot, and found this hymn-book, with Mr. Taylor's name in it—at half-past twelve the next day I saw a constable named Holland—we went to the vinegar-ground—the house was not open—Holland raised the window sash and called me—I went and saw Golding silting up in bed—I said, "That is the man who was with Carroll in the Derby-road last night"—Holland opened the door and went in—Golding dressed himself—I said he had got a very white apron on last night, with long fringe to it, and on searching under the bed we found this apron—Golding put it on after I found it.
Cross-examined. Q. Did you not discover who the persons were till they got under the lamp? A. No, I did not see their features till they went under the lamp—Golding walked on, and it was not till after I had had a struggle with Carroll that Golding ran away, after I had questioned him about the books—I said at first that I picked up the books, but that was a mistake.
WILLIAM HOLLAND (police-constable M 146.) I went after Golding, and found him in bed—I told him he was charged with committing a robbery last night in the Hertford-road—he said, "I was not there"—he dressed himself, and put on a white apron.
(Golding received a good character, and his master engaged to take him back into his service.)
CARROLL— GUILTY . Aged 19.— Transported for Ten Years.
GOLDING— GUILTY . Aged 24.— Confined Three Months.
671. HENRY HARCOURT, PATRICK FLANNIGAN, WILLIAM THOMAS , and JOHN GARDNER , were indicted for burglariously breaking and entering the dwelling-house of William Pope, about one o'clock in the night of the 31st of December, at St. Marylebone, with intent to steal, and stealing therein, 1 pair of spectacles, value 1s., the goods of Charlotte Dunn: 2 pairs of boots, value 2l.; 1 pair of shoes, value 1s.; 6 handkerchiefs, value 18s.; one hat, value 7s.; 2 shirts, value 8s.; 6 pairs of stockings, value 6s.; 2 razors, value 6s.; 1 razor-case, value 6s.; 3 table-cloths, value 9s.; the goods of the said William Pope.
MR. ADOLPHUS conducted the Prosecution.
WILLIAM POPE . I live at No. 81, Edgeware-road, in the parish of St. Marylebone, and am an ironmonger. I live in the house, and no part of it is occupied by any other person—the property that was stolen was mine—the prisoner Thomas had been an apprentice of mine, but had left me about two years—I do not know that I ever saw the others—on the night of the 31st of December my house was perfectly secure—the doors and windows were closed—we all went to bed at one time—my mother-in-law always pays attention to the doors and windows—we retired to bed about a quarter before eleven o'clock—about six the next morning, I found the kitchen was very much ransacked, the drawers taken out of the table and dresser, and different sorts of linen strewed about the floor—I then examined the back kitchen window, and found two upright iron bars had been forced out, with a part of the window-frame—such an opening had been made as a person could get in at—I tried that by my appentice—I missed two pairs of boots out of a cupboard, and a pair of shoes, and my mother-in-law gave me a statement of some other things that were lost—I had seen my boots and shoes a day or two before—I lost six silk handkerchiefs, and a case of razors—the spectacles and shoe-brushes were missed the following day—I had a canary bird and a cage—the bird was taken—the bird and boots and shoes are found—the other things were gone—I cannot tell how the things went, or when—I only know that the clock in the kitchen was stopped at five minutes to one—the weights had not gone down—I thought it might have been stopped by putting the cage on a chair near the pendulum, where we found it standing.
Cross-examined by MR. CLARKSON. Q. Thomas had not left you for any act of dishonesty? A. No—his family then lived in Market-street.
CHARLOTTE DUNN . I am a widow, and am the prosecutor's mother-in-law. On the night of the 31st of December, I fastened up the house—it was all safely bolted and locked—the next morning I was down about two minutes after six—the church clock struck six before I left my room—I came down, found the bars were wrenched out of the window of the back kitchen, and the things were all about, as has been described—I called Mr. Pope, and then I looked to see what was missing—I missed six silk handkerchiefs, two pairs of boots, a pair of shoes, a hat, five or six pairs of stockings, a pair of spectacles of my own, and the other things stated, and the bird.
Cross-examined by MR. BALLANTINE. Q. Have you had the bird some time? A. Yes, two years—I fed it every day—canary birds are a good deal alike, but this (looking at it) is the one we lost—it had only one feather in its tail, and when they took it out of the cage, they dropped that feather—it has feathers in its tail now, but they have grown Since.
COURT. Q. Did the bird know you? A. Yes, I am quite sure of it, from my knowledge of it, and his knowledge of me.
JOSEPH BELL . I live in William-street, St. Marylebone, and am a shoemaker. On the 1st of January, I was at my door hanging my goods out for sale—I saw the prisoner Thomas coming along on the left-hand side with a pair of boots on his arm—I said, "Are these for sale?"—he said, "Yes"—the prisoner Flannigan came in an opposite direction with a pair of boots under his arm, and said he had got them for sale—they both came and spoke to me at the same time—I asked Thomas what he
wanted for the two pairs, Flaronigan and his own—he said 15s.—I asked them if that was the lowest, and Thomas agreed to take 9s. for them—they came into the shop, Thomas then took a pair of shoes from his pocket, and said he had a pair of shoes likewise for sale—I said, "That alters the case, what do you want for the whole?"—be said 15s.—I said, "That makes 6s. for the shoes"—he said, yes, he had made a mistake, I should have them for 12s.—I said, "Is that the lowest?"—he said I should have them for 10s.—I said, "Are they your property?"—he said, no, his brother's, who was a master builder, that he had given them him for sale, and he wanted to make up some money—I said, "What is your name?"—he said, Thomas, and he lived at No. 24, Harrow-street, Lissongrove—I said, "Very well, I will go to a friend, and ask his advice about them"—I went, but my friend was not up—I then came back, and the prisoners were gone—I had taken one boot of each pair with me—the prisoners had left the two odd boots, and the shoes at my shop—I then went outside, and saw a policeman, and told him to give information—the police took the boots and shoes from my place a week afterwards—these produced are them.
Cross-examined by MR. CLARKSON. Q. What time was this? A. Half-past eight o'clock in the morning—I ask people if they have things for sale at any time—I keep a boot and shoe shop, and deal in new and second-hand articles—I never stated that I was not sure of Thomas—I have never conversed with a policeman about him—I did not see the prisoners again till they were at the office, which was a week afterwards—they were dressed differently then to what they were at my shop.
Flannigan. Q. Did you see me near your premises that day? A. Yes, about half-past eight o'clock with the boots under your arm.
HENRY MORRIS . I am in the employ of Mr. Bell. I saw Thomas at his shop that morning, and another person whom I could not swear to, as he stood behind the counter—the account Mr. Bell has given is true as far as, I know.
FRANCIS MEADE . I am a shoemaker. I bought this canary-bird on new year's night, at the Hope public-house, in Steven-street, Lissongrove—the officers came and took the bird away a week afterwards—I cannot say who the persons were I bought it of—it was very near the time of shutting up the public-house—I had been a little merry that night.
THOMAS FITZPATRICK . I keep the Hope public-house. On the night of the new year's day, the four prisoners came there about a quarter before twelve o'clock at night—Meade was there that night—they had a bird and one of them offered it me for sale—they had the bird handing about from one to the other, and then they sent and fetched a cage to put it in—Meade bought it for a half-a-pint of gin—I do not know what became of it—I served the gin.
Cross-examined by MR. BALLANTINE. Q. Who was it sent for the cage? A. I cannot say—I had perhaps twenty-five people there to serve—the four prisoners came in together—I could not say which had the bird—I could not swear that more than two of them bad it in their hands.
COURT. Q. You have said the bird passed from one to another—do you mean that each of the four had it? A. I cannot swear that it went to all the four of them, but it passed from one to another—I did not hear
what they were talking about—they offered the bird to me for sale for 1s.—I said I would have nothing to do with it—they then offered it to Meade, who was a little the worse for liquor—the four prisoners were together, and more than one of them talked about the bird—I had seen them at my house before—the four prisoners partook of the gin, and Meade also.
MR. BALLANTINE. Q. What is the name of the prisoner nearest to you? A. I am not obliged to know their names, but I know their persons as coming to my house—I swear the four prisoners partook of the gin—I cannot say which of them took it first—they drank it out of a "three-out glass"—I gave them the glass, and they filled it—I cannot say which poured it out—I set the glass on the bar-counter, and they were standing in front of the counter—I was serving my other customers—I saw the prisoners drinking the gin—I saw the glass handed from one to the other, the same as the canary was—I told them the canary was not well got, and I would have nothing to do with it.
MR. ADOLPHUS. Q. Is it your business to stay in your bar or to go to another room? A. I was in the bar, and they were in front of it—by a "three-out glass," I mean a glass which three times filled will empty a quartern-measure, and six times a half-pint—it is a practice to give a glass to persons who buy gin, to serve themselves—the man who paid for the gin had some likewise.
THOMAS HARRISON (police-sergeant D 14.) On the 1st of January I saw the boots and shoes at Mr. Bell's shop—he gave me a description of the person he had them of—on the 8th of January I saw the four prisoners coming along Steven-street, Lisson-grove—they went into a beer-shop—I and two others went in and took them—I said to Thomas, "You were apprenticed to Mr. Pope"—he said, "I don't know Mr. Pope."
GEORGE THORNTON (police-constable D 109.) I assisted in taking the prisoners—I had Thomas in custody, and as we were going to the station, he asked me what it was for—I said he would see by-and-by—he said, "I don't care, you have not got me right this time."
Cross-examined by MR. BALLANTINE. Q. Did you show the bird to Mrs. Dunn? A. Yes, within an hour—the feathers in the tail were much shorter than they are now—the bird has been in my custody ever since.
DANIEL HARRIS . I am a cheesemonger, and live next door to Mr. Pope. On the 31st of December I saw Flannigan, and to the best of my knowledge, Harcourt, but they were not dressed as they now are—they were lurking about my house—it was between six and nine o'clock—I cannot state the time exactly—I observed them looking in at the prosecutor's window, and at Mr. Lewis's, which is next to Mr. Pope's—they saw me, and went round the New-road—there was a third person with them, who was smaller than either of the prisoners—they then came to my shop and bought a saveloy.
JURY. Q. Can you swear to Harcourt? A. When I saw him at the police-office it was between dark and light—I was not certain of him, but now I see him in the light, and am quite positive it was him.
Harcourt. He said he thought it was me, outside the door; he could not swear to me.
Flannigan. I was not out at all at the time the boots and shoes were told.
Thomas. At the time we came out of the Court, when we were remanded, the shoemaker said, "I cannot swear to the men."
THOMAS— GUILTY . Aged 20.— Transported for Ten Years.
HARCOURT— GUILTY. Aged 19. See the next case. FLANNIGAN— GUILTY. Aged 19. See the next case.
GARDNER— NOT GUILTY .
672. HENRY HARCOURT, PATRICK FLANNIGAN , and JOHN GARDNER , were again indicted for burglariously breaking and entering the dwelling-house of John Lowden, about the hour of one in the night of the 7th of January, at St. Marylebone, with intent to steal, and stealing therein, 30 yards of velvet, value 15l.; 1 shawl, value 1l.; 6 handkerchiefs, value 1l. 5s.; 3 scarfs, value 1l. 10s.; 2 half-crowns, 7 shillings, 80 sixpences, 24 pence, and 72 halfpence; the property of said John London; and that Harcourt had been before convicted of felony.
MR. ADOLPHUS conducted the Prosecution.
THOMAS LOWDON . I am shopman to my brother, John London, living in Crawford-street. On the morning of the 7th of January, Harcourt and. Flannigan came into his shop, Nos. 11 and 12, Edgeware-road, in the parish of St. Marylebone, between nine and ten o'clock—they asked to look at some Guernsey shirts, but did not buy any—I saw Harcourt look at the skylight, and appear to make observations—I paid particular attention to them—the skylight is over the shop—there is an open space, where there is a casement, and any one by taking out a pane might put in their hand and open the skylight—about nine o'clock, the same evening, I saw Harcourt, Flannigan, and Gardner, in front of the shop, looking in at the window—they did not stay a moment after they saw me looking at them, and I had seen Gardner outside in the morning when the other two were in the shop—when I looked out after them they were all gone—Gardner appeared as if he had been waiting for them—I had 3l., in silver and copper, in a drawer in my shop—there was some silver bent—some was brown, of a darkish colour, which I have no doubt were the same as these—(looking at some)—we shut up between nine o'clock and half-past that night—the skylight was then safe—I did not leave the shop till towards ten o'clock—I live in the house, for my brother—it is his house—he has no partner—he does not live there—while I was in bed, the next morning, a young man came and gave me some information—I got up, went down, and saw the shop—I saw the furs which had been in a back-room were in a disturbed state—they were then lying on the foot of a ladder, which had been put up to the skylight—the skylight was open a little, and a pane of glass had been cut out—I went to the till, and the money was gone—there was about 5s. in copper, and the half-crowns, shillings, and sixpences were gone—I went to the window, and found four lengths of velvet, six silk handkerchiefs, three scarfs, a chinelle shawl, and some other little things, which had been safe the night before—upon that, I gave information to the police, told him the description of the money I had lost, and the men whom I suspected—in the course of the morning 1 stood in the shop, and saw
Flannigan and Harcourt go by—I followed them to Chapel-street, then to Lisson-street—they went into a public-house—I waited outside, and sent for another man from our shop—then they came out, with Thomas, the prisoner in the last case—I followed them to another street, met an officer, and gave them in charge—I did not see Gardner then, but Harcourt, Flannigan, and Thomas, went into a beer-shop, and the policeman went out, and brought Gardner with him—I did not see his face at first, but when I did I had no doubt of his being the man—they were taken, and searched, in my presence—on Harcourt thirty sixpences were found—on Flannigan fifteen sixpences and some shillings were found—nothing was found on Gardner—directly the money was brought out I said that was the sort of money—the value of the money and goods taken was 25l.
Cross-examined by MR. BALLANTINE. Q. Where do you live? A. At No. 111 and 112, Edgeware-road—I found the burglary out at half-past seven o'clock—they passed the shop between eleven and twelve—I followed them to Hertford-street, Lisson-grove, which may be two hundred yards from our shop—there were several policemen came to our shop in the morning—I think it was Harrison and Thornton to whom I pointed out the prisoners—I believe Thornton brought Gardner out of the public-house, but whoever had Gardner said to me, "Is this one?"—I had not then seen his face, he was looking to the wall—I said, "No," or something of that sort—I think the officer had hold of him—the policeman did not say, "Yes, it is, you must be mistaken."
MR. ADOLPHUS. Q. Did either of the policemen say anything to you to induce you to identify Gardner? A. No, when I looked at him the second time I said he was the man.
THOMAS HARRISON (police-sergeant D 14.) On the 8th of January, I was in Steven-street, Lisson-grove—I saw the three prisoners and another come down the street and go into a public-house—Thornton came up and said Mr. London had been following these men—we went in and fetched them out—Mr. London came up and said, "They are the men"—we went down to the station—I searched the prisoners—I found three half-crowns, six shillings, six sixpences, 9d. in coppers, and a latch key on Flannigan, and a crown-piece, four half-crowns, four shillings, thirty sixpences, a knife, and a handkerchief, on Harcourt—one shilling, 5 1/2 d. in copper, a knife, and a handkerchief, on Gardner, and six half-crowns, one sixpence, a knife, a handkerchief, and three keys on Thomas—I said, " You seem to have plenty of money"—they all said, "Yes, we worked for it."
Cross-examined. Q. Who brought Gardner out? A. A man of the name of Turner who is not here—I did not hear London express any doubt about his being the man—I heard him say, "They are the men."
Cross-examined. Q. Did they all say so at once? A. No, Thomas said it first, I do not know who said it next—I think Jones brought Flannigan out of the public-house—I had Thomas—I heard Lowdon say, "They are the men."
MR. ADOLPHUS. Q. Did they tell you who they worked for? A. No.
searched him on the 7th of January, about half-past ten o'clock—he had nothing on him then.
Flannigan. Q. Where did you search me? A. In Steven-street, you were coming from towards the Hope public-house—you said you had only got the latch key on you, and then you said you would be going home.
Harcourt's Defence. I went into the shop to buy a Guernsey frock and a pair of gloves—he asked 1s. 4d. a pair for the gloves, I offered him 1s. 2d. which he would not take—I left and went to Mr. Cohen's and bought two Guernsey frocks, two pairs of gloves, and a pair of drawers at another shop, I paid a sovereign and had change.
Flannigan's Defence. I had got a few shillings to buy oranges to sell on Sunday.
HARCOURT— GUILTY . Aged 19.
FLANNIGAN— GUILTY .—Aged 19.
Transported for Fifteen Years.
GARDNER— NOT GUILTY .
673. ANN LOWE, MARY GRIFFIN , and CHARLOTTE WILLIAMS were indicted for stealing, on the 15th of January, 11 yards of a certain cloth, called cheniroyal, value 1l. 15s.; and 6 yards of a certain cloth, called cashmere, value 1l. 13s.; the goods of George Hitchcock and another.
ARCHIBALD MILLER . I am in the employ of George Hitchcock and Rogers, in St. Paul's Churchyard. About three o'clock in the afternoon of the 15th of January, Lowe, and to the best of my belief Williams, came into the shop—they came in together—Lowe asked for some lining, which I went to get—there was a table near where they stood—they went to the table on which dresses were lying—I asked them to look at the lining first, and if they wanted dresses, I would then show them the dresses—I showed them the lining, and went to the desk with the money—I had paid in the money, and got the bill stamped, when I came back again, they were at the same table—I gave the invoice to Lowe—I asked them again if they wanted to look at the dresses—they said no, and left the shop—there was no conversation about any swansdown—I did not refer either of them to Hall and Allan—they bad no conversation with any one but me.
Cross-examined by MR. CLARKSON. Q. Did Williams say one word to you? A. Not that I am aware of.
Cross-examined by MR. DOANE. Q. Has not Mr. Hitchcock another name besides George? A. No—I have been in their service about five months—he has only one partner—there are about fifty shopmen—there are a great many persons there in the course of the day—we always make a practice of taking off the private mark—I might have been serving twenty persons that day—there were other persons in the shop at that time.
FRANCIS MORGAN . I am shopman to Messrs. Hall and Allan, who live next door to Messrs. Hitchcock. Lowe and Williams came into our shop that day, about four o'clock in the afternoon—Lowe asked me for swansdown—I went up stairs to get it—the prisoners removed from where they had been sitting to another part—I came down stairs afterwards, and saw the two together—I asked the reason of their going from the light to the dark part of the shop—I then brought down the swansdown—Lowe said it was not the one she wanted, she had bought one at Manchester for 20d. a yard, both sides alike—I said there was no such thing made—she said I was not the only person who said so, that they had just come in from Hitchcock's, and they recommended her to come to our shop—Williams was sitting close to her—I gave information to Mr. Hall about this.
Cross-examined. Q. You were not before the Magistrate? A. No, I was subpoenaed on Saturday—Williams did not exchange one word with me.
MICHAEL HALL . I am one of the firm; my shop is next door to Messrs. Hitchcock's. Between three and four that day, I saw Lowe and Williams in the shop—I did not hear them ask for any thing—my attention was called by Morgan—I looked through the window of my shop, and saw Griffin looking in at the shawls—Lowe and Williams left, and I still remained watching—they went round to Griffin who was looking in at the window—she did not look at them, or take any notice of them—they went round to Paternoster-row—I went in an opposite direction, but did not observe them—I went to Newgate-market, up Ivy-lane, and there saw the three in a court tying up something in a silk handkerchief, which was open, each had hold of a portion of it, and one of the three put something into the centre of the handkerchief—I went to the market, and passed into Ivy-lane again—they went to a meat shop in the market—I drew the attention of the beadle to them—I went after a policeman—I brought him to the market, and pointed out the prisoners—they were then in a public-house—I stood at the door while they went in.
Cross-examined by MR. CLARKSON. Q. Upon your oath did you ever see Williams before you saw her in your shop that day? A. I cannot possibly say that I have—I swear she had hold of the corner of the handkerchief.
WILLIAM KEMP (City police-constable, No. 225.) I went to the Dark House public-house in Newgate-market on the 15th of January—I saw Lowe drop something behind her—on removing her I picked up a bundle—the prisoners were standing close together—I asked Lowe if the bundle belonged to her—she denied all knowledge of it, and said she had not dropped it—there was no one near them—I took them to the station, and took the bundle.
SUSANNAH DROVER . I am searcher at the station. I searched the three prisoners—I found this invoice on Lowe—she merely said it was of no use to me—I said, "I must have it"—I took it in the charge-room, and showed it to the officer outside the door—he gave it me back—I have kept it ever since.
Cross-examined by MR. CLARKSON. Q. There was some money found on Williams? A. Yes, 5s. 9d.
Cross-examined by MR. DOANE. Q. What is this dress? A. A Cashmere—there is a mark on the other dress—the mark on the Cashmere is in my writing.
FRANCIS HART ATKINS . I am in the employ of Messrs. Hitchcock and Rogers. When the dresses are sold it is customary to take these marks off—I had seen one of these dresses in particular between eleven and twelve o'clock on the 15th of January.
ARCHIBALD MILLER re-examined. This is the invoice I gave with the lining—this is the lining I sold—it was found in the bundle—(invoice read)—"Nos. 72, 73, 74, St. Paul's Church-yard. Bought of Hitchcock and Rogers. Served by Miller; examined by No. 2. Two yards of lining at 6d., 1s."
(Williams received a good character.)
LOWE— GUILTY .— Confined Six Months.
WILLIAMS— GUILTY .— Confined' Three Months.
GRIFFIN— NOT GUILTY .
JOHN SMITH . I am a butcher in Newgate-market. About twelve o'clock on Saturday morning, the 15th of January, I saw Lowe and Griffin at my shop—I afterwards missed a piece of pork—I have seen it since—I believe it to be mine.
Cross-examined by MR. PAYNE. Q. Will you swear that before the Magistrate you mentioned Griffin's name? A. I cannot say that I did—I think it had not been sold—I only sold one of that description out of ten.
Q. Had you a man in your employ? A. Yes, I have discharged him.
NOT GUILTY .
OLD COURT.—Friday, February 4th, 1842.
Third Jury, before Mr. Recorder.
675. JAMES DONOVAN and JOSEPH BALDOCK were indicted for burglariously breaking and entering the dwelling-house of Edward Cranny, after the hour of nine o'clock in the night, on the 13th of January, at St. Dunstan, Stebonheath, alias Stepney, with intent to steal, and stealing therein, 1 coat, value 1l. 5s.; and 1 pair of trowsers, value 8s.; his property; to which
DONOVAN pleaded GUILTY . Aged 18.— Confined One Year.
BALDOCK pleaded GUILTY . Aged 17.— Confined Six Months.
(Baldock received a good character.)
GUILTY . Aged 27.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
JOSEPH GREEN ELTOF . I keep the Roebuck public-house in Cannon-street-road. On Saturday, the 8th of January, a little before six o'clock in the evening, the prisoner came into my house—in consequence of suspicions I entertained I watched him—I served him with half-a-pint of beer—he took it into the tap-room, and about two or three minutes after, I saw him hiding two pint pots under his smock-frock—he then walked out of the tap-room—as he was coming out I went up, took hold of him and said, "I have caught you at last"—he immediately drew forth the two pint pots, and said if I would forgive him, and allow him go at large, he would bring the others back which he had taken—one of the pint pots which he produced is my own, and the other was in my charge.
Prisoner. Q. Was I not in the act of placing the two pots on the bar when you laid hold of me? A. No, you were not—I am positive you took them from under your frock.
CHARLES STEBBING (police-constable H 139.) The prisoner was given into my custody by Mr. Eltof in his house, charged with stealing these two pint pots, which I produce—he said he was very sorry, and if Mr. Eltof would let him go, he would go and fetch back the others that he bad stolen.
Prisoner. Q. Did not Mr. Eltof say, "If I let you go, will you bring back the one you took this morning?" A. I did not hear that, nor did I hear you answer, "Yes, in the name of G—let me go, I will bring it back."
GEORGE RANDALL . I was at the prosecutor's house on Saturday evening, the 8th of January, standing at the bar—as the prisoner was leaving the bar, Mr. Eltof touched him on the shoulder, and charged him with stealing part of his property—he instantly pulled two pint pots from under his smock-frock, put them down, and begged hard for forgiveness—Mr. Eltof accused him of taking his property previously, and the prisoner said if he would forgive him he would restore him the other property.
Prisoner. Q. Did not he say, "If I let you go, will you bring the others back?" A. Not that I recollect.
Prisoner's Defence. I assure you the landlord did say so; and being distracted and broken-hearted, and hardly knowing what I was about, I said, "Yes, in the name of G—let me go." I have been many years in the East India Company's service, and have habituated myself to eating opium, having suffered much from weakness. Whenever I am out of work and low-spirited, I take more than usual, which causes quite an aberration of mind, so that I do not know what I am doing. I was in the act of fetching my own beer, and took these two pots in my hand, seeing them lying there. I was going to place them on the bar, which I was frequently in the habit of doing, when the landlord seized me by the collar.
GUILTY .* Aged 36.— Confined Six Months.
Before Mr. Baron Gurney.
678. GEORGE JONES was indicted for stealing, on the 3rd of January, at St. Mary Abbott's, Kensington, 2 candlesticks, value 7l.; 1 coat, value 2l. 10s.; 2 cups, value 5s.; and 2 saucers, value 10s.; the goods of George Barker, in his dwelling-house.
SOLOMAN SPECKMAN . I am in the service of Mr. George Barker, of No. 56, Brompton-square. I know the prisoner—I had seen him at my master's house, about three weeks before the 3rd of January—he came to put a lock on the door—on Monday, the 3rd of January, he came between eight and nine o'clock in the morning, and said he wanted to take the measure of the locks on the two parlour doors—I said, "Very well"—he came in and took the measure for two knobs—he did not measure the locks—he stood up and looked round, came up the passage, and asked me to go into the kitchen to ask the cook if she wanted any thing done—I said no, I am sure there is not—he asked me again—I went to the top of the stairs, called, and asked the cook, and she said no', she was sure there was not—I then let him out, and saw no more of him until I saw him in custody at Queen-square.
Cross-examined by MR. PAYNE. Q. How long was he there the first time he came? A. About two hours—I am sure he is the same person—I did not see him all that time—on the 3rd of January he was with me for about a quarter of an hour—I am quite sure he is the man that came on the 3rd.
ELIZABETH BUNNINO . I am cook to Mr. Barker. I remember the prisoner coming to my master's house on the 3rd of January, between one and two o'clock in the day—he knocked at the door—I went out into the area, and said, "Master and mistress are both out"—he said, "I am come to repair all the bells"—the nurse let him in, and took him up stairs into several rooms—he then came down to the bottom of the kitchen stairs, and asked for the steps—the nurse gave them to him—he then went up into the back parlour—the nurse went up stairs, and returned in a quarter of an hour, she gave an alarm that the street-door was open, and things missing—I went up and found the street-door open—I went into the back parlour, and saw the steps standing there, and missed the silver candle-sticks off the mantel-piece—both the sideboard cupboards were broken open—one lock was quite off, and the other hanging by one screw—I immediately sent for a policeman—I found a few other things gone from the cupboard, I cannot exactly say what—I afterwards missed the coat from the sideboard—no one had been to the house that morning but the prisoner—I remember Speckman calling down stairs to me in the morning, to ask if there was any thing to do to the locks—I should think the candlesticks are worth 6l., and the great coat cost 3l. 10s.
Cross-examined. Q. Are you quite sure the prisoner is the person? A. Quite certain—I had seen him before at work—I had seen the candlesticks and coat in the parlour when I dusted it, about eight o'clock that morning—the prisoner came between one and two, when I saw him.
ELIZABETH VINCENT . I am servant to Mr. Barker. I saw the prisoner at my master's house between one and two o'clock on the 3rd of January—he said he came to hang the bells—I went up stairs with him—after some time he came down with me, and I gave him the steps—I saw him
up stairs on the steps about five minutes after—I missed him about a quarter of an hour after, and the street-door was wide open—I missed the cups and saucers from the sideboard in the drawing-room—I had seen and dusted them about two hours before—I had not noticed the candlesticks since the morning—the prisoner had a basket of tools with him.
JOSEPH JONES . I am shopman to Mr. Raven, a pawnbroker, at Brompton. On the 3rd of January, about a quarter to two o'clock I received this coat in pawn from the prisoner, in the name of George Jones—I lent him 16s. on it—there was a pair of gloves found in the pocket of the coat at the police-office.
Cross-examined. Q. Had you ever seen the prisoner before? A. Not to my knowledge—he was with me about five minutes—I am sure of his person, because he asked me 30s. on the coat, and I gave him 15s., and stood arguing with him—a great many persons come to our shop, but I only took this coat in that day, and I recollect him—the coat was applied for next morning—I saw the prisoner in custody a week after—I described him to the policeman when he called.
Cross-examined. Q. How do you know them? A. He always wears that sort of glove.
Cross-examined. Q. How long have you been in the habit of brushing the coat? A. About five months—it is a blue coat, with two pockets—I am sure it is his.
THOMAS TRINOHAM (police-constable B 18.) I apprehended the prisoner on Monday evening, the 3rd of January, at his residence, Cumberland-cottage, Cumberland-street—I was refused admittance at first, by his wife, I believe—I watched the house for about two hours and a half, and saw the prisoner making his escape out of the house, and took him—I searched the house, and found a basket of tools there, among which was this screw-driver—I went with it to the prosecutor's house next morning, and compared it with the sideboard cupboards, where they had been broken open—it corresponded exactly—the prosecutor's house is in the parish of St. Mary Abbott, Kensington.
Cross-examined. Q. Do you mean there was a dent in the wood, which corresponded with this screw-driver? A. Yes, on both cupboards.
(The prisoner received a good character.)
GUILTY . Aged 31.— Confined Eighteen Months—One Week in every Two Months Solitary.
679. JOHN ELLERTON was indicted for stealing, on the 31st of January, at St. Marylebone, 1 mustard-pot, value 3l.; 4 spoons, value 1l. 4s.; 2 forks, value 30s.; 2 cruet-tops, value 5s.; 1 salt-cellar, value 2l. 10s.; 1 cruet-stand, value 5s.; and 2 pence; the property of George Rooper, in his dwelling-house.
Sussex-place, Regent's-park, in the parish of Marylebone. On Monday, the 31st of January, between one and two o'clock, I left the kitchen for. five minutes—when I returned I saw the prisoner in the scullery in front of the house, with a cruet-stand in his hand—I asked what he wanted—he made me no answer—I asked him a second time—he made no answer, but looked very vicious at me, dropped the cruet-stand on the mat, and ran up the area steps—I ran after him, and called "Stop thief"—he was pursued—he ran through the park, and up South-bank—I pursued him to Cumberland-gate—I lost sight of him—he was brought back to the house in about ten minutes from the time of my giving the alarm—I am sure he is the same person—I missed a mustard-pot, a salt-cellar, a cruet-stand, two silver forks, two silver table-spoons, a mustard-spoon, a salt-spoon, two cruet-tops, and two penny-pieces—I have seen them all again except one fork.
JOHN GILBERT LANDERS . I am an attorney. Last Monday I was in the Regent's-park—I heard a cry of "Stop thief," and saw the witness Foley—I saw the prisoner running from the cry—I pursued him till he was taken in Caroline-place, and did not lose sight of him, with the exception of his turning the corner of Caroline-place—he was running all the way, and as he ran I saw him turn round once—I did not see him part with any thing—I picked up a spoon in the course that he ran, and a servant gave me a mustard-pot at the corner of Caroline-place—I produce them.
GEORGE SAKER . I was in Park-road, and heard a cry of "Stop thief"—I saw the prisoner running, pursued by a gentleman's servant on horseback—as he was running I saw him throw something white, which appeared to be silver, over a wall—I saw him taken immediately after—I then went and rang the bell of the house where he had thrown the things over, and picked up these two pepper-castors and two penny-pieces, which were lying in the path within the wall over which I had seen him throw something—they were given to the gentleman's servant in my presence.
JOHN KYFFIN . I was in the park on horseback—I heard the alarm of "Stop thief," and pursued the prisoner all the way round—I saw him throw something away into three different gardens—I saw him taken—I then returned, and rang the bell of each house where he had thrown something, and saw the things taken up—different gentlemen have got them.
WILLIAM WATKIN FRAY . I was in Caroline-place, and saw the prisoner running—I stopped him—before I did so I saw him throw away something, I cannot say what, into a garden; and afterwards, when he got nearer to me, he threw something more into another garden—after he was taken I called at those places, and picked up part of the articles myself—I produce two table-spoons and a salt-cellar; also two silver cruet-tops, and two penny-pieces, which I had given to me afterwards.
MARY FOLEY re-examined. I picked this cruet-frame up off the mat in the scullery—it is what the prisoner had in his hand, and threw down—it is not silver—these other things are my master's, and have a crest on them—I know them as articles in use in the family.
Prisoner's Defence. I was walking up Caroline-place; the witness
came riding on horseback behind me; I went to run out of the way, and a gentleman caught me by the arm.
GUILTY . Aged 20.— Transported for Ten Years.
Before Mr. Justice Williams.
670. WILLIAM BIGGS was indicted for stealing, on the 11th of January, at St. Marylebone, 16 spoons, value 9l.; 10 forks, value 8l.; 1 knife, value 10s.; and 1 pair of sugar-tongs, value 1l.; the goods of Charlotte Caroline Wilkinson, in her dwelling-house.
MR. CLARKSON conducted the Prosecution.
RICHARD WILLIAMS . I am footman to Mrs. Charlotte Caroline Wilkinson, a widow lady, living at No. 7, Upper Montague-street, Montague-square, in the parish of St. Marylebone; Mr. Cromellier, her nephew, resides with her. I have known the prisoner rather better than a year and a half, and have employed him to clean my mistress's plate—on Tuesday night, the 11th of January, I went to his residence for the purpose of procuring his assistance to clean the plate, as my mistress was to have a party next day—that was without my mistress's knowledge—he lives at his father's, No. 31, or No. 32, in a mews at the back of Montague-square—I saw him, and asked if he would come and assist me to clean some plate—I went to a public-house with him in Montague-street, and had a pint of porter—we went to other places, and then went home to clean the plate, about half-past eleven—Emma Pearce, the cook, let us in—I was sober—the prisoner went into the pantry with me—I took out the plate, and began to clean it—there were some spoons, forks, a butter-knife, and a pair of sugar-tongs among it—after cleaning for a short time, I had occasion to leave the pantry—I left the plate there—I was not absent more than six minutes—on my return, the prisoner was gone, and the pantry and area doors were open—he could not have gone out at the street-door, because that was fastened—the area-gate was locked—if he went out by the area-door, he must have climbed over the area-railings—I did not miss any plate that night—I did not look for it when I returned—about eight next morning, I missed nine tea-spoons, five large spoons, two small spoons, five large forks, five small forks, a butter-knife, and a pair of sugar-tongs—they were my mistress's property, and were worth considerably more than 5l.—it all had my mistress's crest on, which is a fox's head, and a goose's wing, projecting from the mouth—directly I missed it, I called my fellow-servants, and told them what I had missed—I then immediately went to the prisoner's mother's, in the mews—he was not there—I told his mother what I had missed—I then went to the public-house where he had taken me the night before, and from information I got there, I went to a brothel, No. 18, Little, or Great Carlisle-street, I do not recollect which—I had been to that house with him the night before—I could not find him there—I then returned home, and told my mistress's nephew of the loss, and he told the police—I offered 5l. reward of my own money for the apprehension of the prisoner, and my master offered 5l. reward also—I have seen any of the plate since—the robbery was on Tuesday night the 11th—on Monday, the 10th, the prisoner had come to my mistress's house, and asked me to purchase a knife, which he produced, for 1s.—I told him it was of no use to me, I would give him 6d. for it, which I did,
and 2d. to get some tobacco—he said he was going to Brentford to help his brother clip a horse.
Cross-examined by MR. DOANE. Q. How long have you been in Mrs. Wilkinson's service? A. Rather better than a year and eight months—I had the plate cleaned this night, because there would not have been time for me to have done it next day, having to lay the cloth, and do other things—my mistress dines about half-past six—it was not more than three quarters of an hour from the time we left his mother's house till we got home—he was sober—that I swear, and so was I, and knew well what I was about—I have employed him to clean the plate from time to time for upwards of a year and a half—he always conducted himself well up to this charge—I never saw or heard any thing wrong of him—the clock struck twelve when the prisoner was in the pantry—I do not believe he was the worse for liquor then.
EMMA PEARCE . I am cook to Mrs. Wilkinson. On Tuesday night, the 11th of January, I let in Williams and the man that came with him—they were quite sober as far as I could see—they went into Williams's pantry—I did not see either of them get out of the pantry.
CHARLES ALLEN . I am an engineer, and now live at Mr. Sims's at Watford. On the 11th of January, I lived at No. 2, Sutton-place, Lisson-grove—on Tuesday night, the 11th of January, I was at the house No. 18, Little Carlisle-street, which is a brothel, in the front parlour, with two females—about half-past one o'clock the prisoner came and knocked at the door, and asked for a young woman named Harriet Smith—one of the young women in the room with me, told him she was not at home—he then asked for a light, to light his cigar—he came in and took a light, or I believe one of the young women gave him one—he took out a cigar—he said he had got a load in his pocket that he wanted to get rid of, and he pulled out a pair of sugar-tongs—one of the young women told him not to pull them out there—he was intoxicated—he offered them to me for a sovereign—I told him I had no money to buy plate, they were of no use to me—I took them in my hand, looked at them, and saw a crest on them similar to a fox's head, with a wing projecting from it—he put them into his pocket, and pulled out of his right hand coat pocket a quantity of silver teaspoons, table-spoons, and forks, wrapped up in a piece of doth—I said, "There is a name on those spoons"—he said, "No, nothing, only a crest"—I said, "Will you allow me to look at them"—he gave me a tea-spoon in my hand, and there was the same crest on that as there was on the sugartongs—I gave him back the spoons, and he put them all into his pocket—he stood smoking his cigar for about a quarter of an hour, and then bid us good night, and went away—on the Sunday afterwards I saw Emma Lewis, the young girl I had been with at this house—she told me of the robbery, and on that I informed the police, either on Tuesday on Wednesday, of what I had seen.
Cross-examined. Q. How long did you live in Sutton-street, Lissongrove? A. About three months—I was at work in London then for Mr. Telford, the engineer—I had come from Watford to work for him—I have been an engineer since I have grown up, and have been employed at Watford on the London and Birmingham railway—I am not working for any body now—I was out of work at the time in question—Elizabeth Lewis and Caroline Summers were the two girls in the room with me—I had never spoken to the prisoner before—I had seen him once before at
the same place—I am quite sure he is the man—I do not know how long I had known the girls—I did not hear any thing mentioned about the crest on the plate before I told the policeman of it.
EMMA LEWIS . I live at No. 18, Little Carlisle-street. On Tuesday night, the 11th of January, I was at home with the witness Allen, and Caroline Summers—the prisoner came into the room about half-past one o'clock, and asked for a young woman living in the house, named Harriet Smith—she was not at home—I told him so—he then asked for a light—he took one for a cigar which he took out of his pocket, and in pulling the cigar out, he pulled out a pair of sugar-tongs, which he offered to Allen for a sovereign—he said he had a load in his pocket which he wished to get rid of—Allen took them into his hand and looked at them—I did not see the crest on them, I was not near enough—the prisoner then produced some forks and spoons, done up in a linen cloth or rag—Allen took them into his hand and looked at them—he did not buy any—the prisoner was tipsy—I did not notice any thing but the spoons and forks among what he produced—I cannot say how many there were—there was more than one or two of each—I had none of them in my hand—next morning I told my landlady of this—she gave information to the police, and brought the police there either the next night or the night after—I saw Allen again on the Sunday, told him of the robbery, and that the landlady wished to see him—I had seen the prisoner once or twice before with Harriet Smith in the first-floor front room up stairs, where she lives—I am sure he is the man that came in.
CAROLINE SUMMERS . I was in this house on the night of the 11th of January last, and saw the prisoner there about half-past one o'clock—he produced a pair of sugar-tongs, and said he had something in his pocket that he wished to get rid of—I did not notice the crest on it—I went out to fetch some beer, which the prisoner paid for—on my return he was there—I did not see him produce anything else.
JAMES WHITE . I am a hackney-coachman, and live at No. 46, Devonshire-street, Lisson-grove. I know the prisoner well—on Wednesday, the 12th of January, I was at Paddington-street, at the corner of the rank, between three and four o'clock in the afternoon—the prisoner, two more young men, and a female called me round—they got into my coach—I drove them to Covent-garden—on the road they stopped me in Tottenham Court-road, and wanted something to drink—I said they had better stop till they got to Covent-garden, where there was a public-house—I drove to the Garrick's Head, opposite the theatre, close to the police-office—the prisoner paid my fare, half-a-crown—he pulled out a handful of money, sovereigns and silver, to pay for some soda-water and brandy, which they had at the bar—I cannot tell how many sovereigns there were—I was by his side—I should say there was about 7l. or 8l. in his hand altogether, silver and gold, as near as I could judge—he treated me to a glass of brandy—he paid for everything—I then came away with my coach and left them.
Cross-examined. Q. When was your attention called to this? A. Next morning, when I was sent for to my master's yard.
JAMES PORTER (police-constable D 55.) On Friday, the 14th of January, I went to 20, Steven-street, Lisson-grove, which is a brothel, and found the prisoner there in company with two prostitutes—I told him he must go along with me—I did not know him before, only by the description we had received at the station—I had his name given me—he got up,
put on his jacket, and drank some beer out of a quart pot—I said, "I suppose you know what it is for?"—he said, "No, I don't"—I said, "For the plate robbery in Montague-street"—he said, "Very well"—I took him to the station, then went buck to the room, took one of the girls into custody, and brought her to the station—I took the prisoner to the police-court the same day, and he saw the girl there—she was at the bar charged with him—as we were walking along from the station to the police-court he said, "G—strike me blind if that girl knows anything about it"—I have a fork and spoon, which I have brought from Mrs. Wilkinson's house.
Cross-examined. Q. Did Allen give you any description of a crest? A. I asked if he should know the crest if he saw it—he said "Yes, very well," that it had a kind of fox's head on it, and a wing in its mouth.
CHARLES ALLEN re-examined (looking at the spoon produced by Porter.) This spoon has the same sort of crest on it that the plate had which the prisoner showed me—I am quite sure of it, and it is the same pattern.
GUILTY —Aged 24.— Confined Eighteen Months.
Before Mr. Justice Cresswell
671. ELIZA WHITE was indicted for feloniously breaking and entering the dwelling-house of William Fisher, on the 19th of January, and stealing therein 3 pairs of boots, value 19s. 6d.; and 2 other boots, value 8s.; his property.
WILLIAM FISHER . I live in Carlisle-street, in the parish of St. Marylebone, and am a shoemaker. I have known the prisoner between three and four years—I then made her a pair of leather boots—I have seen her at different times since—on Wednesday night, the 19th of January, I was in my shop, which is part of the dwelling-house, till eight o'clock—it was a foggy evening—the shop-window was then safe, and the street-door shut and fastened—a new pane of glass had been put into the window that day, and it was then safe—a man afterwards called out to me—I went into the shop, and into the street, found the pane of glass out, and taken away—the shoes which had stood opposite it were taken from the window—a person could put a hand through the window, and take them—I missed three pairs of bluchers, and two odd ones—I found them at the station next evening.
CHARLES REEVE . I am shopman to Mr. Tomlinson, of Upper George-street, Bryanston-square, pawnbroker. On the 20th of January, at eight o'clock in the evening, the prisoner came to our shop, accompanied by another female, and offered a pair of blucher boots in pawn—I asked if they were her own—she said they were her father's—I asked where he lived—she said, "No. 4, Brown-street"—we detained her while we sent a boy to inquire—my master was present—the boy returned, and said he could find nobody answering the description living there—she then said she lived in Steven-street, Lisson-grove—we sent for a policeman, and he took her and the boots—she said at the station, that a boy had given them to her to pawn.
JOHN POCOCK (police-constable D 47.) I was sent for, and found the prisoner and another female—I took them both into custody—I asked the prisoner how she came by the shoes—she said some man gave them to her in the street, and he was waiting at home for the money—at the station, she said she lived at No. 20, Steven-street—I went and searched there, and found a man named Keefe, who I took, but the Magistrate discharged him
him—she said at the station, that he gave them to her to pawn, and Light, the other woman, said the same—both the women lived in the same room.
Prisoner's Defence. I had the boots given to me by a boy—I asked whose they were—he said his father's, who gave them to him to pawn.
NOT GUILTY .
JAMES WILLIAMS . I keep an outfitting shop, No. 5, St. George's-place, New-road, St. George's East, and have seamen lodgers. The prisoner came to lodge with me on the 28th or 29th November, and staid eight weeks—he left on the 25th of January—I settled my account with him on the 24th of January—I knew he was going—he owed me 8l. 19s.,—he bought a blue flannel shirt and duck jacket, which came to 10s., making together 9l. 9s., and give me the order produced, in payment—I gave it to the superintendent of police at Gravesend—I gave him the balance, 11s.—this was on the 24th—I saw him on the 25th, in Ratcliff-highway, and asked why he was not on board his ship, which was the Warlock schooner, bound for Sidney—he said the vessel had gone to Gravesend, and left him behind; he was going to follow her—I went to Gravesend on the 26th, or the morning after, having suspicion of the order, and found the prisoner on board the vessel—I went on board with a warrant and a policeman—I pointed him out, and he was apprehended—I said nothing to him there—I said before the Magistrate there, that he had passed this note to me, and produced it—he said he was persuaded to do it by another person, or he would not have done it—the Magistrate then sent him to London.
WILLIAM NORTH . I am a policeman of Gravesend. I apprehended the prisoner—I said nothing to him till we got to the station—I then read the warrant to him—I said nothing to induce him to say any thing—he said he should not have done it if he had not been persuaded by the man at the King William public-house—a man who sings there—he said that man wrote it for him, and put him up how to do it, and he gave him 1s. for doing it—I do not know where the King William is—I took the order from the prosecutor, and have kept it till to-day.
WILLIAM JONES . I am clerk to Harris and Nichols, St. Peter's-chambers, Cornhill, who are agents for the Warlock, Captain Dixon—I know his writing well—this paper is not his writing, nor that of Harris or Nichols, or of any body who I know—(looking at another order produced by Palin)—this is a genuine order, signed by the captain.
SAMUEL PALIN . I am a tailor and draper. On the 26th of January, the prisoner, who I did not know before, came and inquired about my next-door neighbour—I said he had left—he then asked me to cash a note for him, which I did—he gave me the note produced by the last witness.—(Note uttered to Williams read)—"Advance Note. London, 23rd January, 1842. Three days after the ship Warlock sails from Gravesend, pay William Smith, or bearer, 10l. 10s., provided the said William Smith
sails in the above vessel, bing part of his wages on the intended voyage to New South Wales. E. J. DIXON, captain. Payable at Harris and Nichols, St. Peter's Chambers, Cornhill."—The genuine note uttered to Parr was for 5l., in the same form.
GUILTY .— Transported for Ten Years.
Before Mr. Justice Williams.
673. JOHN JEWELL was indicted for feloniously assaulting Joseph Thorn, on 3rd of February, and stabbing and wounding him on his chest and left side of the body with intent to murder him.—2nd and 3rd COUNTS, stating his intent to be to main and disable, and to do him some grievous bodily harm.
JOSEPH THORN . The prisoner married my mother, they lived separate—I went to the Wheatsheaf coffee-house, Brick-lane, yesterday about twelve o'clock to get my dinner—the prisoner was there when I went in—he said a few words to me and wished to be friends with me again, and told the people I would not tell him where my mother was—I said my reason was, he had used her in such a bad manner, she had begged of me for God's sake to help her away, as she was in bodily danger—I told him it was not my intent, nor would I ever tell him—in a few minutes after 1 ordered my dinner, which was brought, and I sat down to it—he ordered a cup of coffee, and sat opposite me at the table—I said, "I wish you would be a sober man, and then perhaps every thing would go right and well for you"—he made no answer, but in an instant, I had not time to look round before I found he had plunged a mortice chisel into my chest, with intent to murder me—it was on the fifth rib next my heart—the chisel produced is the instrument I am certain, I had seen it before—the wound was about half an inch deep and bled very freely—I told him this was what I expected, and that he was a vagabond—I cannot exactly say what he said—he remained in the house till a policeman who was sent for came—before that, I asked why he did this?—he made no reply, only that he had done me good—I showed the wound to a surgeon who is not here.
Prisoner. I deny saying I had done him good, I was actually in a state of derangement, having young children at home without any mother, and she has taken my property away.
JOHN ASTROPE . I keep the Wheatsheaf coffee-house. On Saturday the prisoner and a friend of his came in together, and in about ten minutes. the prosecutor came in—there was high words on both sides directly—I do not know who spoke first—the prisoner said he wished he knew where his wife was—the prosecutor said he should not tell him—they began to talk of threatening language which had been used by the prisoner at different times, saying, he would be his death and spilling his heart's blood—the prosecutor asked him why he should use such threatening language against him—he denied having used such words, and said he would neither hurt him nor his mother, and wished his hand might rot from his body if he ever said such a thing—he wished to be friendly with him and to see his wife—I begged them to sit down and be friendly, and if he had such wishes as those it was very wrong—he said he had not, and wished to shake hands with the prosecutor, who said he had deceived him so many times, and he understood he intended murdering him—I brought the prosecutor's dinner
—the prisoner went and sat opposite him at a narrow table—I had scarcely turned round before I heard a call out "Oh"—I said, "What is the matter?"—the prosecutor said he was murdered, he had stabbed him—I seized the prisoner's hand when he appeared in the act of giving a second blow—I wrenched the chisel out of his hand, called him a villain, and asked how he could think of doing so—he said he thought it his duty, and seemed to wish he had done more—I sent for a surgeon and a policeman—the surgeon did not come directly—the prosecutor got rather better, and walked to a surgeon's—the policeman took the prisoner—I saw the wound, and stopped the blood with a handkerchief—this is the chisel I wrenched out of his hand.
Prisoner. I deny saying I wished I had done more. Witness. His words were, he had done nothing but justice—I said, "I suppose you would take his heart's blood"—he said "Yes, I should have done justice if I had"—he was quite sober.
JOHN HAYNES . I am a policeman. I was called to this house, and found the prisoner sitting in the corner of a settle—the prosecutor was sitting there bleeding—I asked the prisoner what made him do such an act—he said he was a broken-hearted man, and had been at several station-houses to get redress—I asked why he sought such redress as that—he made no reply—on the way to the station he said he did not care how soon he was dead, he was a broken-hearted man—I believe he is a carpenter, and this is a tool he would use—he had no other tool about him—he was quite calm about my taking him, and also before the Magistrate.
Prisoner's Defence. I had not the slightest intent of doing any thing; but was in that desponding state of mind I scarcely knew what I did. My wife was taken from me. I have been a fortnight seeking about for her. In my absence my chest and clothes, value 5l., a silver watch, worth 5l., and other property was taken, and next day they came and took a flat iron, telling me they would have all my things out of my place. Whether he has got my things or sold them, or whether my wife has them, I do not know. My wife did not want to go away. She said, "No, Joseph, don't do it." She had shaken hands with me half-an-hour before, and promised she would not leave; but when I came home my chest and things were gone. I have been in such a desponding state ever since. I may have said I did not care if I was dead. When he came from the doctor's he said the wound was a quarter of an inch deep; now he says half an inch.
GUILTY on the Third Count. Aged 46.— Confined Twelve Months.
Before Mr. Justice Williams.
GESORGE DEACON WARD . I am in the employ of Thomas Butler, a linendraper, Nos. 58 and 59, Shoreditch. On the 24th of January, about eight o'clock in the evening, the prisoner came into the shop alone—she first pulled this holland, which hung over a rail, about half a yard within the door, and then walked away—she pulled it as if she was going to pull it off the rail—I saw her come in at the door—she did not ask for any thing—I was five or six yards within the shop—there were persons between me and her—she went out of the shop—she returned in about three minutes, pulled the holland right off the rail, and walked away about three yards from the door with it—I went after her, and stopped her as she was just
putting her shawl over it—she had a shawl on large enough to cover it—she had screwed it up smaller than it was when she took it off the rail—I took her into the shop—one of the young men said to her, "You have come in at last, we have been watching for you some time; we have had suspicion of you"—she said she hoped he would excuse her—a policeman was sent for, and she was taken.
SAMUEL WILEY (police-constable H 130.) I was fetched to Mr. Butler's shop, and saw the prisoner there—one of the young men desired me to take her into custody, and handed me this holland—he accused her of taking it—she said, "I was only looking at the quality, I intended to buy it"—he said, "You have come in at last, we will keep you now, and give you in charge"—she prayed to be excused for that time, and said she did not intend to steal it, that her husband was employed on the Eastern Counties Railway, and if this got to his employers' knowledge he would be discharged—she said she was innocent of taking it.
Prisoner's Defence (written.) "I was going by Mr. Butler's shop, and saw a piece of brown holland at the door; I took it to look at, and was going to purchase some for an apron; the young man came and took hold of me, and called, 'Police;' I said I had the money to pay for it, but he would not hear a word I had to say; this is the first offence I ever committed; I am truly sorry I had the misfortune to disgrace myself in this way."
GUILTY . Aged 40,— Confined Three Months.
Before Mr. Justice Cresswell.
ANN CUTTELL . I am the wife of John Cuttell, a grocer, in Crown-street, Westminster. On the 7th of January, between four and five o'clock in the evening, the prisoner came to our shop, and said he wanted a quarter of a pound of sugar; that he came from Mrs. May, who keeps a beer-shop opposite, and they were making egg-hot—he tendered what I supposed to be a half-crown in payment, but which afterwards turned out to be a bad five-shilling piece—I gave him two shillings, six halfpence, and a penny-piece, in changes—one halfpenny was rather bent—he said, "I have given yon a five-shilling piece"—I took it up, and said, "It is much smaller than a good five-shilling piece, I must light the gas to look at it"—he said, "If you doubt my word, you had better send over to Mrs. May, for there I got change for a sovereign"—I asked him to give me my change back again—he would not, but ran out of the shop—I pursued him—he ran as far as the public-house in Charlotte-street, where he was stopped—I was close behind him, and never lost sight of him—I am sure he is the same boy that came to my shop—I gave the five-shilling piece to the police-sergeant.
Prisoner. Q. What made you give me 2s. 4d. change, if it was a crown-piece? A. I took it for a half-crown—I did not put it into my pocket—the change I gave you I got from the counter—I took none out of my pocket—I had no other crown-piece.
JOHN MASSEY TIERNEY . I am a police-sergeant. I was called on on the evening of the 7th of January—a publican in Charles-street stopped the prisoner, who fell as he was running—I took him to the station, and, concealed inside the lining of his hat, I found two shillings, six halfpence, and a penny-piece—a handkerchief was also found on him.
Prisoner. Q. Which way was I running? A. Up the street, in a contrary direction from the prosecutor's shop—you had been drinking a little, but were perfectly sober, and sensible of what you were doing.
ELEANOR MAY . I keep a public-house opposite Mrs. Cuttell's. I do not know the prisoner—I did not give him change for a sovereign on the 7th of January—I never saw him that day, and did not send him to Mrs. Cuttell for any sugar to make egg-hot.
Prisoners Defence. On Friday evening I went to this woman's house, and asked for a quarter of a pound of sugar; I gave her a good half-crown; she gave me 2s. 4d. change; I did not tell her what I was going to do with the sugar; I came out, and about a quarter of a mile from there a cab was coming along; I crossed, to save myself from being run over, kicked against the curb, and fell; the policeman seized me, and said, "I want you;" I made no resistance, but went with him to the station; the prosecutrix swears I gave her a five-shilling piece, and I never had such a thing in my possession; when she found I was not indicted for the Mint case, she had me detained for felony; she has not brought me here for the protection of property, but for the few shillings she will get for coming; she would swear my life away; she never made this statement till the day I was to be committed, although I was remanded three times; she made three or four different statements.
ANN CUTTELL re-examined. I made the same statement before the Magistrate on the Saturday, at the first examination—he was remanded, for Mr. Powell, the solicitor of the Mint, to appear—I made the same statement at the station on the Friday as I have done here to-day.
J. M. TIERNEY re-examined. I was at the station, and the prosecutrix gave exactly the same account there as she has to-day.
JOSEPH HEDINGTON . I produce a certificate of the prisoner's former conviction from Mr. Clark's office—(read)—I know the prisoner to be the person mentioned in the certificate—I was present at his trial.
GUILTY . Aged 22.- Transported for Seven Years.
Fourth Jury, before Mr. Recorder.
676. JOHN ASHLEY was indicted for stealing, on the 1st of January, 15 pieces of wood, value 3s. 6d.; 12 wooden laths, value 18d.; and 14 pieces of boards, value 7s.; the goods of Charles Tebbut and others, his masters.
JOHN SHAPLAND . I am foreman to Charles Tebbut and three others—the prisoner was in their employ as a journeyman for upwards of three years. On the 15th of January, about nine o'clock, as he was coming to work, I told him Mr. Spence wished to speak to him—I afterwards went with the prisoner and Mr. Spence to the prisoner's house—we searched it, but found nothing on the premises.
Cross-examined by MR. PAYNE. Q. Did the prisoner lodge with you at any time? A. He did from eight to ten months—he bore an honest character—he came to work about seven o'clock on the morning of the 15th—he went to his breakfast after I told him he was accused, and he came back again about nine.
COURT. Q. Then you gave him notice that he was suspected? A. Yes, he went home to breakfast before he spoke to Mr. Spence.
Gun-lane, Limehouse; the prisoner lived next door to as. On Saturday, the 15th of January, the prisoner's wife made some application to me—shortly after, the prisoner brought a table to my mother's—I afterwards went up stairs and saw some pieces of wood in the yard—I was up stain when they were brought—the prisoner's wife brought some, for I called out to know who was there, and she answered me—that was after the prisoner had brought the table—my mother is not here.
JOHN HOOPER . I am a tailor, and live in High-street, Poplar. On the 15th of January, I was at work at Mr. Micheson's, in Gun-lane, and saw a man on the tiles at the back of Mr. Micheson's premises, pitching some wood down the privy—there are four yards adjoining there—I had no opportunity of noticing the man's features—I cannot form any judgment whether the prisoner is the man—Mr. Micheson afterwards found the timber there, and called in the police.
WILLIAM SLADDEN (police-constable K 50.) I was called in to Mr. Micheson's, and found some pieces of broad quartering, lath, some cedar, some mahogany, and several pieces of wood on the top of his privy—I went to the witness Chapman and her mother, and afterwards found a deal table and some pieces of wood in the privy—I went to Lime Kiln Dock and saw Mr. Spence—the prisoner was called in and given into my custody—I told him that any thing he said would be given in evidence against him—I took him to Micheson's, showed him the wood that was taken from the privy, and said, "Do you know any thing about this, is this yours?"—he said, "Yes"—I said, "How long have you had it?"—he said, "About two years"—I asked how he came by it—he said some he had given him, and some be bought—I then took him to Chapman's, and questioned him about the table and pieces of board—he said the table was his, and the boards he had bought about ten months—I asked how he got them—he said some he had given to him, and some he bought of a man who had gone to sea—I went to a public-house in Robert-street, Limehouse, and found part of a bedstead there—I took it to the station, showed it to the prisoner, and asked if he knew any thing about it—he said yes, he had made it for a man named Plaskett—I asked whether he knew how it came there—he said he supposed the man had taken it there.
Cross-examined. Q. How long have you been a policeman? A. About five years and seven months—I cautioned the prisoner very particularly before Mr. Spence in the counting-house—I asked him these questions after that—I considered it my duty—no one told me to do so—it is my practice to do it.
THOMAS BENNET SPENCE . My father is one of the firm of Messrs. Tebbut, Stoneman, and Spence. In consequence of information I received, the prisoner was brought to me on the 15th of January, about a quarter-past nine o'clock—I said, "Ashley, I am sorry to say there is a charge of thieving against you, have you any objection to your house being searched?"—he said, "None whatever, Sir"—we immediately went to his house and searched the back-yard—I saw nothing, and be returned to his work as usual—about twelve the policeman came, and the prisoner was given in charge again—I have examined the wood produced—some of these pieces are prepared in a particular manner—here are some pieces of quartering planed on all four sides, which are used for fitting up convict ships, which we do by contract under Government—I do not positively swear to any one piece, but they are such as we use—the prisoner was one of a gang who fit up these ships.
Cross-examined. Q. Art not these same sort of things used in emigrant ships? A. No, they are prepared in this particular manner by order of the Government inspectors—they are rounded with a hollow plane—I would not positively say no other wood is prepared in this way by any one else, but I do not believe there is—we have contracted with Government since April 1836—no one else contracts with Government in London for fitting up transports—the prisoner finished work at six o'clock—he might work for himself after that time—these pieces might be used to made bedsteads.
NOT GUILTY .
JOHN SMITH . I am an engineer, and live in Denmark-terrace, Pentonville. On the 25th of January, between twelve and one o'clock at night, I met the prisoner in Gray's Inn-lane, and went with her to a public-house at the corner of Baron-street, New-road, Pentonville, near the Angel—we had some gin and water—we did not stop long, and I walked back with her as far as Cromer-street—it was then near two—I found myself minus my handkerchief, and accused her of taking it, and my snuff-box—she then gave me two handkerchiefs—I took my own, and gave her the other, which did not belong to me—I said, "If you have one article, you have the other; you had better return it"—she did not return it—I took her to the station, and told the inspector I had lost a snuff-box, he said he did not think she had it—I insisted on her being searched, and it was found on her—that produced is it.
Cross-examined by MR. PAYNE. Q. How came you walking all this while with her—it was an hour and a half? A. Yes—we did not sitdown in the public-house, and had nothing but a glass of gin and water—I will swear I was sober—it was in Cromer-street I missed my handkerchief—I had met her between Gray's Inn-lane and Exmouth-street—we went to a public-house at the corner of Baron-street, New-road—we then walked on to Cromer-street, to pass half-an-hour—that is not in my way home—I did not mean to go home with her—she was sober—the inspector asked if I thought I could take care of myself—I said I could, and walked out.
SUSANNAH BURTON . I live at the police-station, Hunter-street. The prisoner was brought there between two and three o'clock on the 25th of January—I searched her, and found a snuff-box under her stays—she begged of me not to take it into the charge room—a penknife and pencilcase were in her pocket.
Cross-examined. Q. I believe she had no gown on at all? A. She had two old gowns, which did not fit her—she was miserably dressed—her gown was over her stays—I do not think she was sober.
Cross-examined. Q. Did the prosecutor appear sober? A. He did not appear so—I let him go home alone.
(The prisoner received a good character.)
GUILTY . Aged 34.—Strongly recommended to mercy.— Confined One Month.
NEW COURT.—Friday, February 4th, 1842.
Fifth Jury, before Mr. Common Sergeant,
JAMES BRADNAM . I am a butcher, and live in Aylesbury-street. Between one and two o'clock on Saturday afternoon, the 8th of January, the prisoner came to my stall, and took a chop up in one hand, and that not being sufficient she took up this 7 1/4lbs. of beef, and walked away with it—I followed her over to the pawnbroker's, and in the box she dropped it—I took it up.
GUILTY . Aged 57.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ELIZA DOWSING ALEXANDER . I keep a tobacco-shop in Carlton-street, Regent-street. About seven o'clock, on the 6th of January, the prisoner came and asked for 1s. worth of cigars, which I gave him—he paid me with a five-shilling-piece—I gave him 4s.—he went away—I put the five-shilling-piece into my pocket, where I had some half-crowns, but no other crown—he came again about ten—I knew him again—he asked for 1s. worth of cigars—I served him—he paid me another five-shilling-piece—I went into the room adjoining the shop, and asked Clara Stewart to give me change—I showed her the crown-piece—she gave me 4s. to give him—I gave them to the prisoner, and he went away—Clara Stewart sent Keys to get change for a crown—she came back and said it was bad, and gave the crown to Stewart—Stewart gave me the crown at that time—on that I took the first crown out of my pocket, and found it was the only one I had—I looked at it minutely, and found it was bad as well as the second—about half-an-hour after, the prisoner came a third time—he opened the box, took out three cigars, and laid them on the top of the box—I said, "You are the man that has been here and passed a bad crown-piece"—he said it was not him, and to prove he was not the man, he had a good shilling to pay for the three he had then taken out of the box—there were two gentlemen in the shop—I desired one to go for a policeman—they shut the door—the prisoner turned to me, and said it was not likely he should come into the shop and change two bad five-shilling-pieces, and then come in again with a good shilling—he asked what I had done with the money—I said I had got them in my pocket—he said, "Are you quite sure you will swear to me?"—I said I would—then the policeman came, and took him—I gave the policeman the two crowns I had received—I have not the slightest doubt in saying he was the man who came on these three occasions.
Cross-examined by MR. PAYNE. Q. How long have you kept this shop? A. Two years and a half—Stewart is a friend of mine—she does not do any thing in the business—only Keys, Stewart and myself live in
the house—I did not say any thing to the person who came the second time—I had not looked at the first crown then—I put it in my pocket—I rung it—it sounded very well—he was in the shop, the first time, three or four minutes—I am certain about the prisoner being the person who came in the first time, because he asked for 1s. worth of cheroots, and asked if I would let him have seven for 1s.—I said I was not in the habit of doing so, but I would—I noticed a mark on his right cheek—he had a great-coat on, or something of that sort—I swear positively to him.
MR. BODKIN. Q. Have you gas? A. Yes, it was lighted—when he came the second time, he said, "I want 1s. worth of cheroots, the same as I had before"—I took the lid off the box—he took out seven—when he came the third time he went to the same box, and took the lid off.
CLARA STEWART . On the 6th of January, about ten o'clock, I received a five-shilling-piece from Miss Alexander, and gave her 4s. change—I put the crown-piece on the table beside me while I was at work—I called Eliza Keys, and gave her the crown to get change—she brought it back immediately—I gave the crown to Miss Alexander.
MARY ANN BENHAM . I live at the public-house. I got a crown from Keys—I gave it to my mother—I did not lose sight of it—my mother gave it back to me—I saw it was the one I gave her—I gave it back to Keys.
GUILTY . Aged 22.— Confined Nine Months.
Before Mr. Justice Cresswell.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JOHN SHEPHERD . I keep the Sydney Arms public-house, Charles-street, Commercial-road. On the 15th of January the prisoner came, about a quarter to nine o'clock in the evening—she asked for a quartern of gin, which came to 4d.—she paid me with a half-crown—I took it up, and found it was bad—I told her it was bad—I asked her if she had any more of that sort—she made no answer—I asked her where she brought it from—she said, "From the bottom of Vincent-street," which is near to us—I asked her whether she had any good money to pay for the gin—she said she had a shilling—I told her to give me the shilling—she gave it me—it was a good one, and I gave her change—I told her I thought in my own mind she was aware it was a bad half-crown—she made no answer—I told her I should detain the half-crown till the party came for it—she said a young man gave it her—I kept the half-crown, and allowed her to go about her business—I marked the half-crown with a cross, and after that delivered it to Mullins the policeman.
MILES CHANDLER . I am journeyman to Mr. Mitson, a butcher, in Charles-street, Commercial-road. I saw the prisoner at my master's shop on the 15th of January, about ten minutes past nine o'clock in the evening—she said she wanted to purchase a small bit of beef—I asked her to go inside, and see a piece weighed—she went in—my master weighed a bit, it came to 7d.—she offered a bad half-crown in payment—my master gave it to me to go to Mr. Busbridge's to ask if it was good—it sounded well—it was not out of my sight—I brought it back to my master—be asked the prisoner if she had not got another—he told me to go for a policeman, and asked the prisoner where she lived—she said, "No. 21, Dempsey-street," which is not above 150 yards from us—I went with her to Dempsey-street—she was going past the house—I said to her, "Here is No. 21, do you live here?"—she said, "No, let me go, I don't live here"—I said, "I durst not let you go, it is more than my place is worth, you heard what my master said as well as I did"—he had told me to be sure and bring her back if she did not live there—I took her by the hand, and brought her to the corner of the street—she then said, "If you loose me I will not ran away"—I did, and she walked to the shop—I took her in, and got the policeman.
THOMAS MITSON . I am the master of the shop. I saw the prisoner come to my shop that day—she purchased a bit of beef, which came to 7d.—she tendered a bad half-crown in payment—I said, "This is a bad one, and I am convinced you know it is bad"—I took it out of my right hand into my left, and said, "Give me another"—she said she had no more money about her—I said, "Where-do you live?"—she said, "At No. 21, Dempsey-street"—I said, "I am convinced you don't live there, I know the person who lives there"—I sent the half-crown across the way, but I was convinced it was bad—my servant brought it back, and gave it me again—I then sent him out with the prisoner—he brought her back, and I sent for the officer—I gave him the half-crown.
WILLIAM COOK (police-constable K 329.) I apprehended the prisoner on the 15th of January—I received this half-crown from Mr. Mitson—this now produced is it—I am sure it is the same—the prisoner did not say any thing.
Prisoner's Defence. I was not in the Sydney Arms public-house at all; I was not aware that the half-crown I took to the butcher's was bad.
GUILTY . Aged 24.— Confined Nine Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ANN TOWN . I am single—I keep a shop in Duke-street, Lincoln's-inn-fields. On Monday evening, the 17th of January, the prisoner came for a bonnet shape—I served her—she offered me a half-crown—I remarked it was a bad one—I went out and got the policeman—I had the half-crown in my hand, and gave it to the policeman—I am sure it was the one I got from her.
Prisoner. When the policeman came in he asked if I had any more
money—I gave him two half-crowns, and he said one of them was a bad one. Witness. Yes, she said she had plenty, and gave him two half-crowns—he said one of them was a bad one.
Prisoner. You took the money for the bonnet out of the good half-crown. Witness. Yes, I did, and gave you the change—the policeman took the two bad ones, and took her.
JAMES WALL (police-constable F 67.) I took the prisoner on the 17th of January—I received this bad half-crown from Miss Town—I went into the shop and got two half-crowns from the prisoner—one was a good one and one bad—she had a good shilling in her hand, which she put into her pocket—this is the bad half-crown the prisoner had.
COURT. Q. Did you see the shilling in your hand? A. No, but seeing it in her hand I believe it was a good one.
Prisoner. I never had any shilling, all I had was three half-crowns, one box of lucifers, and one halfpenny. Witness. I am sure she had a shilling, but when she was searched it was not found, only the change of the good half-crown.
Prisoner's Defence. I am perfectly innocent; I lived nineteen years in one situation, in Oxford-street; I had got very tipsy the day I was taken, as it was my little boy's birth-day.
GUILTY . Aged 33.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
THOMAS WOODROFFE . I am a chemist, and live in Stanhope-terrace, Hyde-park-gardens—the prisoner came to my shop on the 5th or 6th of January, about three o'clock in the afternoon—it was on the 6th, I believe—she asked for two Seidlitz powders—they came to fourpence—she gave me a crown-piece—I gave her the change and she went away—I put the crown-piece she gave me into the till—I am sure there was no other crown-piece there—my attention was drawn to it again in about an hour—I still found it in the till, and there had been no other drown put in in the meantime—I took it out, examined it more minutely than I had done before, and put it into my desk, separate from all other money—on the 10th of January, the prisoner came to my shop again, for an ounce of Epsom-salts and a Seidlitz-powder—(I remembered her the moment the came into the shop, as the person who had come before)—she gave me another five-shilling-piece—I saw directly it was a bad one—I called my boy into my shop—I went to my neighbour's and asked him to send his boy for a policeman—I came back, and the policeman came and took the prisoner into custody—when she gave me the crown on the 10th, I told her it was a bad one, and it was not more than three or four days since she had given me another—she said she had never been in my shop before—I asked where she lived—she would not tell me for some time—at last she said with Mrs. Allen, No. 21, Albion-street, which is not far from where I live—I marked the two crowns and gave them to the officer.
16, King-street, Drury-lane—Mr. Woodroffe heard that, and he said she had told him she lived in Albion-street, with Mrs. Allen—I went to No. 21, Albion-street—I found no person of the name of Allen there—I went to No. 16, King-street, Drury-lane, but could not hear any thing of the prisoner there.
Prisoner. I am innocent of the first, and did not know the other was a bad one.
GUILTY . Aged 17.— Confined Six Months.
NOT GUILTY .
NOT GUILTY .
MESSRS. ELLIS and ESPINASSE conducted the Prosecution.
WILLIAM BUTLER (police-constable B 139.) On the 28th of January I saw the prisoner in York-street, Westminster, about a quarter past six o'clock in the evening, with another lad—I had seen the prisoner before, with the other lad—I went and caught the prisoner—he made great resistance—I caught him by the throat, and he spat out of his mouth six counterfeit shillings on the pavement—a woman stood by—I asked her to pick them up, which she did—she went to the station, and gave them to me there—these now produced are them—I have had them ever since—the prisoner said the other lad gave them to him to take to the Nag's Head, in Tothill-street.
ELIZABETH MAGNUM . I was in York-street on the evening of the 28th of January, and saw the policeman take the prisoner—he spat six shillings out of his mouth—I took them up and gave them to the officer.
ALEXANDER GUTHRIE . I am servant to Mr. Joseph William Sturge, a grocer, in Silver-street, Falcon-square. On the 18th of January the prisoner came to the shop, about twenty minutes to five o'clock in the evening—he asked for an ounce of coffee—I weighed it—it came to 1 1/2 d. he offered me a bad sixpence—I told him it was bad, and he put down a good shilling—I asked where he lived—he said "At No. 4, up here," pointing towards Monk well-street, which is visible from our shop—I gave him in charge, and gave the sixpence to the officer.
ADAM SHELTON (City police-constable, No. 160.) I was called, and took the prisoner—I received this bad sixpence—I asked the prisoner where he lived—he said, "Down there," pointing down the street—I asked him again, and he said, "At No. 10, Ranelagh-street, Pimlico," and that he got the sixpence in change for a half-crown—he was discharged on the 22nd.
Prisoner's Defence. I was going along, and a man tried to put them into my pocket. I asked him what he was about, and he told me to put them in my mouth—he ran away, and the officer took me.
GUILTY . Aged 16.— Confined Twelve Months.
Before Mr. Baron Gurney.
MESSRS. BALLANTINE and CARTEEN conducted the Prosecution.
MARY HOWELL . I live in Old Rochester-row. I have a daughter named Mary Ann—she will be eleven years old on the 6th of next April—I have known the prisoner twenty years—he kept a shop in the same row where we live, and he has been my landlord for the last seven years—on Monday, before the 6th of December, I owed him 6l. rent—he called on me that day, and I paid him a week's rent—I think it was between ten and eleven o'clock—after I had paid him, he said, "Now, Mrs. Howell, you were speaking of a place for your little boy, I have not heard of a place for him, but I think I have heard of one for your daughter"—I said, "Oh dear me, I think she is too young"—he said, "Oh dear, no, she is quite old enough for what I want her for"—he said it was only to go with a lady to Southampton for a month or six weeks, that the lady was ill, and had got a little baby, and all my little girl would have to do, was to nurse the baby, and go on errands—I said I knew she was capable of doing that, and she would be good to the child, for she was fond of children—on Monday the 6th, the prisoner came for his rent—I paid him—he said, after I paid him, "Now, Mrs. Howell, concerning your little girl, the lady will come this afternoon about half-past three, and make arrangements with you about her"—I said, "Very well, I will make her ready"—I told my husband that the lady was coming, and he said he had no objection—the prisoner said he would be down with the lady about half-past three—the prisoner came about half-past three or a quarter to four—it rained very hard—he came in a cab—he sat down, and did not speak for a minute or two—I said, "Is the lady coming?"—he said, "Oh dear, no, the lady is so ill, and the weather is so wet, she was afraid to come out, but I am going to take your little girl with me now"—I said, "Oh dear me, I was not aware you were going to take her away to-day, I have not any thing ready for the child"—he said he thought he spoke plain enough in the morning—I said, "Yes, you did, but I thought the lady was coming to see the child, and to make some arrangements with me"—my husband and I both told him we did not require any wages for her—my husband was at home the second time the prisoner called, in the afternoon—the prisoner told me not to mind about her clothes, she would have plenty of clothes where she was going—she went away in a cab with the prisoner—on the Tuesday following the prisoner's grandson called on me, in consequence of which, I went to Mrs. Hopkins's, the prisoner's wife, and then I gave information to the officer—on the Wednesday, the next day, I received this letter, in my daughter's handwriting—on the afternoon of the following Friday I saw the prisoner again—he brought my daughter home—there was a female with him, who I did not know—they came in a cab—directly my daughter saw me she ran up to me, and begged me not to let her go back with Mr. Hopkins, he had used her shamefully—he was in the passage, within hearing—he said, "I have brought your daughter back safe"—I asked him where he had had ray child, and told him I would not let him go till I knew where the child had been—he said, I had nothing more to do with him, he had brought my child home safe, and he went and got into the cab—I went after him, and got into the cab—the woman was in there too—the prisoner pushed me out of the cab—the female that came
with him got on the cab-box—my husband was close to us—a policeman came up, and we gave him in charge—they all went down to the station—the young woman on the cab-box, and the prisoner inside—he pointed to the young woman who came with him, and said that was her mistress.
Cross-examined by MR. PRICE. Q. Do you know where the girl went to? A. No, I cannot form any idea—we have endeavoured all we could to find it out—I have got three children alive—the eldest is eighteen years old—he is a soldier, and does not live with us—his name is William King——only the little girl is my husband's child—my other boy is thirteen years old—his name is James Spencer—I have not a child named Coleman—I had him christened in my own name, Spencer—I called the other King, because his father wished it—his father died in Bengal, in India—I went before the Magistrate about the child I had by Coleman—I never had any right understanding about it—I charged Mr. Coleman with being the father of the child—I charged no other person—I was to have attended at the Quarter Sessions—the beadle was to have come to let me know, but they never let me know when it was—neither I nor my husband had ever applied to the prisoner to provide for my children in any way—the prisoner did not propose to provide for any other child but the girl—I have known him a great many years—I always considered him a very respectable man—I never saw any thing amiss in him—I considered as he was the father of a family of fifteen children I might let my child go with him—his children are grown up, and are in good business, as far as I know.
MR. BALLANTINI. Q. Are you married now? A. Yes, and have been eleven years last October—the prisoner's wife is living at his own home.
WILLIAM HOWELL . I am the husband of Mary Howell, and live in Old Rochester-row—the prisoner is my landlord—he was so on the 6th of December—my wife made a communication to me that day about my little girl—she went with the prisoner on that day, and on the following Friday she, was brought back by the prisoner and a young woman—the prisoner said, "Mr. Howell, I have brought your little girl home safe, and this it the mistress she has been with"—while my child was away I had a letter from her—my wife took it to the office—I saw the prisoner get into the cab again, and the young woman got upon the box—my wife went and got into the cab—I ran to the horse's head, and stopped him—the cab-man ordered me to let go the horse's head—I said I should do no such thing—the prisoner said, "Drive over him"—I saw a policeman in ten minutes or a quarter of an hour, and gave the prisoner into custody—the prisoner's son and another man called on me on the Saturday evening, and I went with them to a house in Pimlico—we went to a public-house, and the prisoner was not there—we then went to an eating-house—the son, in presence of the prisoner, offered me five sovereigns, and to forgive me the rent that was due, if I would sign a piece of paper he had in his hand—I said I should do no such thing, nor take any such money, I should go and see how it was—the prisoner said, "My children are doing all this for me"—I said I should do nothing of the sort, let justice take place—this was said after supper—I had had a bit of roast pork with the prisoner's son—when my little girl came back she handed me this parcel, which has not been opened.
Cross-examined by MR. PHILLIPS. Q. Was not your answer to the son, that you should not take such a sum as that? A. That I should not
take such a sum; and I believe he said he would give no more—there were four of us supped there—the prisoner was one of the party—this was alter my child was brought back.
COURT. Q. You say you were present when your child was taken; upon what representation was it you parted with your child? A. To go to live with a lady—to go to Southampton—it was a very wet evening, and I asked where the lady was—he said she was at tea at his house, so I let the girl go, believing his representation to be true.
HANNAH COWLES . I live in Belmont-row, Nine Elms-lane, Vauxhall, with my father and mother. I do not know the prisoner—the first time I saw him was on Friday, the 10th of December, when a person came and fetched me from our house, and I went to the coffee-shop opposite, where I saw the prisoner and this little girl—the prisoner did not say any thing to me, but the lady at the coffee-shop, who had fetched me, told me something—I went into the cab with the prisoner and the child—we went to the child's house—on the way there the prisoner said the lady belonging to the child was taken ill on the railroad—he gave me half-a-crown—he said that was to see the child safe home—I saw the prisoner given in charge.
MARY ANN HOWELL . I am the daughter of Mrs. Howell. On Monday, the 6th December, I saw the prisoner come to our house—I did not hear what he said, but I went with him in the cab that afternoon—he said I was going to the lady—he did not tell me where I was to go—I think I was in the cab with him about two hours, as near as I can tell—I do not know where we stopped at last, but he took me into a public-house—he did not say anything about where I was to go that night—we went away from the public-house, and went to another house, and went into a back-room, which was a bed-room—we had some tea there—I do not know how long it was after tea before we went to bed—we went to bed in the same room—the prisoner slept in the same bed with me—I returned home on the Friday—the prisoner had slept in the same bed with me every night during that time—on the Friday when he took me home be gave me this parcel—on the Wednesday I wrote this letter—(looking at it)—the prisoner told me what to put in it, and I put it in by his direction—I went out walking with him every day while I was staying with him—(letter read)—"To Mr. Howell, shoemaker, 37, Old Rochester-row, St. John, Westminster. Dear Parents,—I beg to inform you the lady and I went by the railroad, and arrived safe at our journey's end, but she complained much of being shook, that I fear she will not be able to stop long. Please to remember me to grandmother and all friends. From your affectionate daughter, M. A. HOWELL. Dec. 7, 1841. By favour of a friend."
Cross-examined by MR. PRICE. Q. Did any body to your knowledge sleep in the front-parlour? A. Not that I know of—I did not hear anybody there.
COURT. Q. Were you ever taken to any lady? A. No—the house I was taken to was in the country, but I do not know where.
ROBERT IRISH . I live in William-street, Westminster, and am a lamplighter—I know the Howells, and I knew the little girl. On Thursday, the 9th of December, about two o'clock, I was by the church at this end of Norwood, and I met this child with the prisoner—he had hold of her hand—I knew him before.
EDWARD TRUELOVE (police-sergeant B 13.) On that Friday afternoon I was in Old Rochester-row, and the prisoner was given in charge to me by William Howell, the girl's father, for taking away the child from home under false pretences, and ill-treating her.
(The prisoner received a good character.)
GUILTY . Aged 59.
GUILTY . Aged 59.— Confined Eighteen Months.
Sixth Jury, before Mr. Common Sergeant.
689. HENRY GILES was again indicted for stealing, on the 1st of December, 2 coats, value 28s.; 2 pairs of trowsers, value 13s.; 4 yards of shalloon, value 45.;1/4 of a yard of satin, value 2s.; 240 buttons, value 2s.; 22 yards of woollen cloth, value 8l.; 6 yards of calico, value 3s.; 3 yards of cotton cloth, value 2s.; 3/4 of a yard of linen cloth, value 6d.; 60 yards of binding, value 3s.; 9 skeins' of sewing silk, value 1s.; and 8 skeins of thread, value 2d., the goods of Samuel Adams, his master; to which he pleaded
GUILTY . Aged 37.— Confined One Year.
GUILTY . Aged 28.— Confined One Year.
CATHERINE PURVES . I am single, and live in Parliament-street, Westminster—it is my dwelling-house—the prisoner was my servant. On Saturday, the 15th of January, I missed two 5l. notes and this miniature and case from my room—I do not know the number of the notes—I got them, from Messrs. Coutts's bank—they were in a bag—I went to sleep in the evening, and missed the notes out of my bag.
Prisoner. I found the miniature in my drawer—I should not have told the inspector where to find it—Mrs. Purves accused me of robbing her of a 180l. bill—I found the notes in a drawer that she gave me to put my things in. Witness. The notes were rolled inside the bank bill—whoever took the bank bill must have taken the notes—I never put them into her drawer.
RICHARD MINSHARD . I am a clerk in Messrs. Coutts's banking-house, I know the prosecutrix—I paid her two 5l. Bank-notes, NOB, 13561, and 13562, on the 11th of January—these now produced are the notes.
WILLIAM SOUTH WOOD . I have produced these two notes. On the evening of the 15th of January I gave five sovereigns for one of them, to the prisoner—I sold her goods, and gave part change for the other.
GUILTY .—Aged 20.— Confined One Year.
GEORGE PARSONS . I am a dealer in timber, living at Enfield. On the 22nd of January there were oats in my granary—I received information—I saw the prisoner and my servant come out of my stable at a quarter-past one o'clock—I have examined some oats—the sample that I saw before the Magistrate were mine, I believe, but I will not swear to it.
FREDERICK EPWORTH . I am a policeman. On the 22nd of January I saw the prisoner coming from Mr. Parson's premises—I asked what he had got in his pocket—he said, "Shop things"—I said, "I must see"—he put his hand into his pocket and pulled out a few oats, which he said he had bought for his rabbits—I asked where—he said that was his business, not mine—he would not tell me—I took the oats from him, and compared them with the oats at Mr. Parson's, and they corresponded exactly—there was 20 1/4 lbs of them.
Prisoner's Defence. I was down in the yard, and the chaff-cutter asked me to help him, which I did till one o'clock; he then asked me whether I had got a pair of shoes I could sell; I said, "Yes;" he said, "You bring them down to me at night, and I will give you money for them;" I was coming along with these shoes in my pocket, and saw a woman; she said she had got a few oats to sell, they were gleanings of corn; she fetched them, and said she wanted 1s. 6d. for them; I said, "I will give you 1s. 3d.;" she said, "You shall have them," and shot them into my pocket; I went on, and saw the young man go into the yard; I followed, and took the shoes to him.
GUILTY . Aged 24.— Confined Three Months.
693. WEAVER CLAYTON and THOMAS COXALL were indicted for stealing, on the 29th of January, 2 tame fowls, price 45., the property of James Chapman;—and MARY ANN TRUMPER and ANN NEWELL were indicted for receiving part of said goods, well knowing them to have been stolen; against the Statute, &c.
MR. BALLANTINE conducted the Prosecution.
JAMES CHAPMAN . I am an inn-keeper, at Uxbridge. I have a yard in which I keep fowls. Last Saturday morning I missed two fowls—I had seen them on the Friday—they were two hens that I bred—there was not such another breed in the town—last Sunday morning I missed a cock and hen—I saw them about three o'clock on the Saturday afternoon.
RICHARD ROADNIGHT (police-sergeant T 11.) I had seen Clayton and Coxall before the prosecutor's premises, a little before seven o'clock on Saturday night, and I had seen them in the day—about twelve on Sunday I went, in consequence of information, to a house where Clayton lives with Trumper—I found Clayton at home, sitting with Trumper—I said, "What have you got for dinner?"—he said, "Look and see, master"—there was a saucepan on the fire—I put a fork into the saucepan, and pulled out a piece of meat—I said, "What is this a rabbit?"—he said,
"Yes"—I said, "No, it is a fowl"—he said no more—under the grate I found the head of a cock, also some legs, and some feathers—about the house I found some more feathers, and a knife with blood on it, and a feather inside the knife—when I found the fowl, I said, "Who owns this?"—Clayton said, "I do"—I then went to Newell's, and found Coxall and her sitting by the fire, and in a pot there I found a fowl and three soft-shelled eggs—I took Coxall into custody—I turned to Newall, and said, "How came these fowls here?"—she said, "Thomas Coxall brought it here"—she did not say so in his presence.
WILLIAM KEYWOOD (police-constable T 197.) I saw Clayton and Coxall in the cells at the station—Clayton called me, and asked me in presence of Coxall if I had seen Mr. Chapman—I said I had not—he said, "Can he swear to the head of the fowl?"—I said I thought not, he had cut it off too close for that—he said, "I am d—if I don't hope we have, I hope he can't swear to it, for I don't want to go to Newgate again."
Clayton. Q. Did you not come and ask me how I was getting on? A. No, I did not say I had no case at the Old Bailey, and should like to have one, but I was afraid you had cut off the head too close.
Clayton. Q. Have you any private mark on it? A. No—I cannot say that head belonged to the fowl that was in the pot. Clayton's Defence. I came down the yard and found the head and legs together.
CLAYTON- GUILTY . Aged 19.
COXALL- GUILTY . Aged 21.
Confined Three Months.
TRUMPER— NOT GUILTY .
NEWELL— NOT GUILTY .
ELIZABETH PEASLEY . I am the wife of John Peasley, of Hemming's-buildings, Pentonville—I have a little child four years old. Between twelve and one o'clock in the afternoon of the 7th of January, I sent her on an errand with a cloak on—at ten minutes to two she was being brought back by two females against the turnpike at Islington—this is the cloak.
Cross-examined by MR. ENDERGAST. Q. Are you sure it is your child's cloak? A. Yes, I am positive—I had had it about a fortnight—I am not mistaken—there is no mark of my own upon it—I bought it of a housekeeper in Chapel-street—I never saw the prisoner till she was at the station.
Cross-examined. Q. You have inquired into her circumstances? A. Yes, she was in great distress—she and her mother were almost dying for want.
Lisson-grove—there is no such shop there—I have been to her house and found her in the greatest distress.
GUILTY . Aged 18.—Recommended to mercy by the Jury.— Confined Six Days.
695. WILLIAM CLARK and BENJAMIN HOWARD were indicted for stealing, on the 17th of January, 1 pair of spectacles and case, value 4s. 3d., the goods of Ann Cranston, from her person; and ELIZABETH NORRIS , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.; and that Clark bad been before convicted of felony.
ANN CRANSTON . I live in Love-lane, Rotherhithe. About one o'clock on the 17th of January, I was standing near the Sun Fire-office, Cornhill—I received information, and put my hand into my pocket, and missed a pair of spectacles and case—these produced are mine.
JOHN GEORGE WADE (City police-constable, No. 623.) About one o'clock on this day I saw Clark and Howard together trying several pockets—at last I saw them stop near to an old gentleman—I saw Clark lift the dress of Mrs. Cranston, and take something from her right hand pocket with his right hand—he then moved a little to the right—Howard still stopped there—I then saw Clark give Norris something, which she put under her shawl—she was standing near—Clark said a few words to her, and then went back to Howard—I remained till I saw Norris draw the case from under her shawl and look at it—I then took her into custody—my brother officer took the others—Norris was eight or nine yards from the other.
Clark. I had just left my work at a warehouse in Thames-street. I went to the Royal Exchange to see the first stone laid. The policemen were in plain clothes. They said I had picked an old gentleman's pocket; they said I took them from a gentleman, and next day they brought this lady up, who said they were hers.
Howard. I came up in the City with my cousin to see Prince Albert. I lost my cousin, and the officer took me.
Norris. I was coming by and picked the spectacles up in a gutter.
CLARK— GUILTY . Aged 18.— Transported for Ten Years.
HOWARD— GUILTY . Aged 17
NORRIS— GUILTY . Aged 16.
Confined Four Months.
WILLIAM NASH . I live in Judd-street—the prisoner was in my service. On the 30th of December, I sent him with some goods and a bill of 2l. 8s. to Mrs. Winkfield—he did not return to me—he was authorized to receive the money, and should have paid it to me.
Cross-examined by MR. PRENDERGAST. Q. How long was he with you? A. Four months—he had lived with me nearly two years before—I saw this letter which he sent to one of my men—it was written before he was charged with the offence, and it led to his apprehension—(read)—"King's-head, Russell-court, Drury-lane. Dear Morris,—I hope I shall have the pleasure of seeing you down on Sunday, then I will tell you of my loss. I am miserable, don't know how to act. Be so kind as to bring me a
shirt down, and you will oblige yours; T. CHANEY.—Don't let Mr. Nash see this."
MARY ANN WINKFIELD . I bought some goods of Mr. Nash, which were sent to my house with a bill, on the 30th of December—I paid the bill, which was 2l. 8s.—I think it was the prisoner brought it. NOT GUILTY.
697. GEORGE HARRIS, JOHN CURTIS, NELSON LEE , and JOSEPH HARTLEY , were indicted for stealing, on the 12th of January, 12 rolls, value 1s.; 3 loaves of bread, value 6d.; and 3 buns, value 6d.; the goods of John Clunie; to which
HARRIS pleaded GUILTY
CURTIS pleaded GUILTY ,
Confined Four Months.
JOHN CLUNIE . I am a baker, and live in Watling-street. On the 12th of January, I was in a parlour adjoining my shop—about five o'clock from six to a dozen persons rushed into my shop altogether, and helped themselves to what they could lay hold of—they took rolls and loaves, buns and biscuits—the prisoners were four of them—I took hold of two of them myself, the policeman took two more—they were all eating.
THOMAS RICHARDS (City police-constable, No, 486.) I was on duty in Watling-street—I saw a number of persons round the prosecutor's door—I took Lee and Hartley, who were just at the door, eating—the other two prisoners were in the shop.
Hartley. I never was in the shop, and was not eating. Witness. Yes you were.
LEE— GUILTY . Aged 16.
HARTLEY— GUILTY . Aged 20
Confined Four Months.
OLD COURT.—Saturday, February 5th, 1842.
Second Jury, before Mr. Recorder.
GUILTY . Aged 19.*— Confined Six Months.
GUILTY . Aged 60.— Confined Ten Days.
700. MARY TAYLOR was indicted for stealing, on the 3rd of August, 8 sheets, value 4l.; 2 table-cloths, value 5l.; 14 napkins, value 2l.; 1 petticoat, value 3s.; 4 handkerchiefs, value 10s.; 2 pair of stockings, value 4s.; 1 ring, value 5s.; and 1 buckle, value 4l.; the goods of Francis Martin, her master:—also, on the 22nd of December, 1 spoon, value 5s., the goods of Edward Roper, her master:—also, on the 13th of January, 3 sheets, value 8s.; 2 blankets, value 8s.; 1 decanter and 1 pint of gin, value 1s. 4d.; the goods of Edward Roper, her master:—also, on the 14th of January, 6 3/4 lbs. weight of bacon, value 3s. 6d., the goods of Zachariah Richard Catchpole; and that she had been before convicted of felony: to all of which she pleaded
GUILTY . Aged 36.— Transported for Fourteen Years.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 16.— Confined Six Weeks.
703. WILLIAM BIGBEE was indicted for stealing, on the 15th of January, 1 half-crown, 1 shilling, and 2 sixpences, the monies of John Moon, from his person; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 17.— Transported for Ten Years.
GUILTY .† Aged 12.— Transported for Seven Years.—Parkhurst.
Before Mr. Justice Williams,
WILLIAM PARFETT . I am a butcher, and live in Church-row, St. George's. On the 17th of January, I saw the prisoners and another, standing at Miss Reed's shop-window, No. 33, in the row—one, (I cannot say which,) went in at the door, and the other two remained by the window—he came out in about a minute, then all three crossed over and went down a street till they came to the cross-road—one then turned to the left, and the two prisoners, who I followed, to the right, towards Commercial-road—I there saw a policeman coming towards them—I then ran behind them, caught hold of them, and gave them in charge, on suspicion—I am sure they are two of the three—I never lost sight of them—I saw the policeman take a bundle from Puttock, containing a velvet bonnet—he said the other chap had fetched it from his aunts, and gave it to him to mind.
MARY ANN REED . I am single, and keep a sweet-meat shop in Churchrow. This is my bonnet—I did not miss it till the policeman brought it to me—it was taken off a table in the back part of my shop, about three yards from the door—I had seen it ten minutes before—I had worn it that day—I saw no boy in the place—I had gone into the back parlour at the time.
a young woman"—I asked who she was—Kemp said he did not know; that the other young chap, who went away, gave it to him; that he got it from his aunt, and gave it to him to take care of—Parfett pointed out the prosecutrix's shop to me.
KEMP— GUILTY . Aged 18.
PUTTOCK— GUILTY . Aged 18.
Confined Six Months.
Before Mr. Justice Cresswell.
WILLIAM CARPENTER MORLET . In January I kept a beer-shop is the Harrow-road. It was burnt down on the night of the 17th, or morning of the 18th—I went to bed about seven minutes after twelve o'clock—I had four watches at that time, and among them a silver watch with a gold chain and two gold seals—I wound it up At twelve o'clock, and put it on the table—the fire broke out about twenty-five minutes after twelve o'clock, just after I had gone to bed—the house was burnt to the ground in twenty minutes.
Cross-examined by MR. DOANE. Q. How long have you had the watch? A. Six years—it has been in the family eighteen years—this now produced is it—it was not injured by the fire—here is my name in it.
WILLIAM HENRY HUNT . I am a Slater. On the morning of the 18th of January, about ten minutes after nine o'clock, I was standing close to Mr. Morley's house—there had been a fire there—I saw the prisoner in a passage which leads under the house, and another young man with him—I saw the prisoner pick up a watch, put it into his pocket, and walk away with the other young man—I followed them about half-a-mile, till I saw a policeman—I then told him of it—he went to him, and asked him where the watch was which he picked up at the fire—he pulled it out of his pocket, and gave it him, saying, "There it is"—the policeman took him, and told the other one to come to the station, but he ran away.
Cross-examined. Q. There was a number of people on the premises, was there not? A. Yes—the firemen were on the first floor, looking for a body that was burnt—I saw some rubbish fall down while the prisoner was there—the moment it fell the prisoner put his hand down, and picked up the watch—he went nearly half-a-mile before I spoke to a policeman—I had never seen him before.
JOSEPH WALKER . On the morning of the 18th of January, Hunt spoke to me, and pointed to two men; in consequence of which, I stopped the prisoner, and said, "Where is that watch you have got?"—he put his hand into his pocket, and said, "Here it is, don't hurt me"—I said, "You must go with me to the station"—I took him there, then went to No. 1, Paddington-green, where Mr. Morley was staying, and showed him the watch—I should say I took the prisoner half-a-mile from the house which was burnt. (The prisoner received a good character.) GUILTY . Aged 20.—Recommended to mercy.— Confined One Month.
Before Mr. Justice Williams.
SARAH MYERS . I am the wife of Moses Myers, a black-lead pencil-maker, in High-street, Shadwell—I keep a clothes-shop. I have known the prisoner about six months—he came to me last Saturday night week, and asked me if I would cash this seaman's note which is now produced—I said, "Yes; you know it is all right?"—he said, "Yes, certainly"—I gave him 1l. 6s. 6d. in money, and the remainder in seaman's clothes—on the Wednesday or Thursday after, my daughter showed me a note—I went to the owners of the vessel, and then went to the prisoner—I saw him on Thursday morning at his own house, in Sophia-street, Poplar—I said, "Mr. Baron, this is a pretty thing, I have two bad notes; your men are not on board"—his wife said, "We cannot help that; if a man chooses to give you a forged note we cannot help it"—I said, "Well, you seem to know nothing about it; I am doing as the police advised me, and if you will replace the money for my two notes I will not give you in charge"—he said he could not replace it—the prisoner keeps a lodging-house for sailors—he said he could not pay me—I sent my daughter for a police-man, and gave him in charge.
Cross-examined by MR. PAYNE. Q. He keeps a house in which sailors lodge? A. Yes—I have had three notes from him before, which were all right—when I said, "Here are two bad notes, and one is forged," he said he knew nothing about any forged note—the forged note is in the name of David Wilson—the prisoner wrote his name and address on it on my counter—he said he knew nothing about the forged note, but that Wilson could not go with the ship to sea—I asked the sailor who was present why he did not go in the ship—he said he could not, because Baron had pledged his clothes—his wife refused to pay the money, and I gave him in charge—he did not attempt to go away.
ELIZABETH MYERS . I am the prosecutrix's daughter. The prisoner came to me either on Wednesday or Thursday, the 27th, I think, to have a seaman's advance note cashed—the seaman who was with him produced the forged note—I cannot say the seaman's name—it is on the note, I believe—the prisoner said, "I have a note to cash for you"—I said my mother was not within—the prisoner asked me if I could oblige him by doing it before-my mother came in, as he and the seaman had been on board the ship the whole morning, waiting for the note, and that he saw the captain give the seaman the note—I said to the prisoner, "I hope it is right"—he said, "It is quite right indeed"—I said, "Sign your name, if you please"—he did so—I asked the seaman also to sign his name—he could not write, and the prisoner wrote it instead of him, and he marked it—the prisoner told me to get down two pairs of drawers for the seaman, which I did, and he said, "Don't you want some trowsers?"—he said, "Yes." and I got him two pairs down—he picked out other little things to make out the amount of the note, except 18s., which I laid on the counter—the note produced is the note which was given me—I know it by the day of the month on it, the 27th—I have known the prisoner about six months—I have cashed about three notes for people at his house before, which were right.
Cross-examined. Q. The seaman had the 18s., bad he not? A. Yes, and a boy carried the clothes.
GEORGE JECKS . I am in partnership with Mr. Valance Stewart Hay—we are part owners of the Osburg, captain John Dalrymple—she sailed from the West India Dock on the 27th of January, and from the Downs on the 30th, for Dominica—I know the captain's handwriting well—this note, dated the 27th of January, is not his writing—I do not know whose it is—the one uttered on the 22nd I believe is his writing.
Cross-examined. Q. Have you often seen the captain write? A. Many times—I have not the least doubt of the one uttered on the 22nd being his writing.
THOMAS WATKINS (police-constable K 310.) I was sent for by Myers's daughter to go to the prisoner's—I went to his house, No. 18, Sophia-street, Poplar—Mrs. Myers was there, and gave him in charge—I said he must go with me—he said, "Very well, I will go with you"—in coming from the station he said the seaman who bad been with him to cash the note, he believed was at Gravesend.
Cross-examined. Q. Did he not say he had, heard the man was at Gravesend? A. No—he said he believed so.
COURT. Q. Were you present before the Magistrate? A. Yes, and heard the prisoner asked what he had to say—he said something, which I saw Mr. Summers, the clerk, take down—I did not see the Magistrate sign his name to it—I know his writing—this is it—it was read over to the prisoner.
MR. PAYNE. Q. Did you hear it read over? A. Yes—he said nothing to it—he did not sign it, to my knowledge—I believe this to be the Magistrate's handwriting—I have seen him write a good many times—I have seen papers come from his hand to the clerk, which were handed to me—(read)—" The prisoner says, I received the note from Thomas Hudson, but who wrote it I do not know; I did not go on board the ship; I waited on the quay while Hudson went on board; I never had the note; he took it to Myers himself, and received the money and his own clothes."
NOT GUILTY .
Before Mr. Justice Cresswell.
WILLIAM GRIFFITHS . I live in the parish of Ealing—I had a person named Piercy in my employ in the beginning of the last month—I gave him a gun to keep the birds off a field planted with new wheat; and occasionally I had it in my possession—it was in my possession a few days before it was stolen—I afterwards went with a policeman to Knights-bridge, and found it at the pawnbrokers—this is it.
Cross-examined by MR. PAYNE. Q. How do you know it? A. I know the maker's name—I have no initials of my own on it—I have not a doubt about its being mine—I know the prisoner lived with a Mr. Wood for eight or ten months—I never heard any thing against him before.
JAMES PIERCY . I was in the employ of Mr. Griffiths in January last—I had this gun to mind the birds—it was in my possession five or six days before—I had it out on Friday morning, the 7th of January—I put it in the house I slept in—it is Mr. Wood's house, which the prisoner bad the care of, and asked me to sleep there—he said it would be warmer for me than where I slept—I missed the gun on the 8th, when my master asked for it—I had left it in a little place behind the kitchen door.
Cross-examined. Q. The prisoner as an act of kindness let you sleep in the house because it was warm? A. Yes—I work in the field—I did not have the gun often—I have no particular mark, only the ramrod is broken—I put it behind the door about eleven o'clock on Friday morning—I did not see it afterwards—I know this is the gun from the appearance of it—it is not worth much.
GROVES JOHNSON . I am shopman to Mr. Golding, a pawnbroker, in Park-side, Knightsbridge—the prisoner came and pledged this gun on the 7th of January, about eight o'clock in the evening, for 6s., in the name of "James Smith, Brompton"—I do not know such a person at Brompton.
Cross-examined. Q. It was just about the time you were shutting up shop? A. Yes, I was rather in a hurry to get business over—I never saw him before—he was there three or four minutes—we see a good many faces—I am not mistaken in him, I noticed his features—there was nobody else in the shop—I gave him a duplicate.
JOHN THORN . I am a policeman stationed at Ealing—Mr. Griffiths' man told me he had lost his master's gun—in consequence of information, I went to Golding's, and found it there—I got a description of the man who had pawned it—I afterwards apprehended the prisoner, took him to Golding's, and asked the young man if he knew him—he said he was the man—the prisoner denied it, and said he had never been there before—I took him home—he then told me his son had taken it, and if I would allow him to go into his own house on our way to the station, he would get me the ticket—I went in with him—he went up stairs for about two minutes—there was nobody up stairs to my knowledge, but I cannot say, I stood at the bottom of the stairs—he came down and said his son was not in, he thought he was at the public-house over the way—I let him go over to the public-house—his son was in the room—I stood and looked at the window to see if his son gave him any thing, but he did not—he came out, and I asked him if he had got the ticket—he said he had, and gave it to me from his pocket—I produce it.
Before Mr. Justice Williams.
ELEANOR CHAMLET . I am a widow, and keep a beer-shop at Muswell-hill. On the 17th of January, the prisoner was at my house for about ten minutes—I had never seen him before—I am certain he is the man—he warmed his beer and drank it—when he was gone I missed my spectacles off a shelf—I saw them the same day at the police-office.
CHARLES CHAMBERS . I am a policeman. I went to the Jolly Butcher's public-house on the 17th of January, about eleven o'clock in the morning—I saw the prisoner there, and called him out—I was in my police dress—when he came to the door he said, "I suppose you want those spectacles"—he pulled them from his pocket, and gave them to me—he said a man had given them to him on the road—I asked if he knew the man—he said he never saw him before.
Prisoner. I never said so. He asked me if I had a pair of spectacles. I said, "Yes, I had bought them of a man on the road." Witness. I did
not name the spectacles—he said the man asked him if he would buy them.
(Property produced and sworn to,)
GUILTY . Aged 22.— Confined Fourteen Days.
GUILTY . Aged 25.— Confined Three Months.
Before Mr. Justice Cresswell.
THOMAS CHAPMAN . I keep a tobacconist's shop in the Edgeware-road. On a Sunday evening in January, I observed three boys at my window—a pane of glass had been broken before—I heard the glass break larger and some boxes knocked down—I ran out and saw them running away, and the prisoner among them—I ran after them, and took the prisoner about fifty yards off, down a court—the other two had run straight on—when I caught the prisoner, I said I suspected he had stolen some cigars from my shop window—a man immediately pulled a bundle of cigars from his own coat and said, "Here they are"—he said he had picked them up in the court—they were wet, as if they had been on the ground—the prisoner said nothing to it, but before the policeman came he pulled sixteen or seventeen cigars out of his pocket, and threw them on the floor—a policeman came and found two more in his pocket—when I returned to the shop I examined the window, and missed cigars of this description from a box, and one bundle.
THOMAS COWAN (police-constable D 206.) I was called into the prosecutor's shop and took the prisoner—I found these two cigars in his pocket—the prosecutor produced the others—the prisoner said they were given to him by the other boys.
Prisoner's Defence. I was coming down Edgeware-road. Two boys came up and said, "Do you want some cigars?" They gave me the cigars and ran away; the gentleman pulled me into the shop, and gave me in charge. GUILTY . Aged 12.—Recommended to mercy.— Three Days Solitary.
Before Mr. Justice Williams.
ALFRED GARRETT . I live with John William Fryett, a pawnbroker, in Whitechapel-road. On Saturday evening, the 22nd of January, about a quarter to ten o'clock, I was standing minding the door—the prisoner came into the shop and looked about—I asked what he was looking for—he said, for his mother—I knew nothing of his mother—I said, "She is not here," and as he went out I saw him pull down the trowsers, which hung two feet inside the door, on a piece of wood—I ran and caught hold of his coat—he tried to get from me, and hit me on the head with his elbow more than once—there was somebody else standing in a dark part at the side of the doorway—I called for assistance—Reardon, the foreman, ran out and
caught hold of the prisoner—he said, "Oh, take me into the shop, come inside"—the foreman picked up the trowsers under his feet, which he had thrown down, about two yards from where they had hung, just outside the door—they were worth 4s.—I found the nail pulled out of the board on which they hung, and the board was split—these are the trowsers.
Prisoner. When he collared me, a gentleman at the door said, "That is not him"—he said, "Yes, I think it is him"—the gentleman showed him three lads and said, "There they go, they have just chucked them down." Witness. I saw no boys running, and nothing was said about any—there were two others outside, and when I caught hold of him they hit me several blows over both arms, as I held him—the trowsers produced are what he had.
JOHN WOLF . I am apprenticed to Mr. Wood, next door to Mr. Fryett. On Saturday, the 22nd, after nine o'clock, I was standing at my master's door, and saw the prisoner in company with two others, come up and lurk about Mr. Fryett's and my master's some time, watching for something, looking in towards Mr. Fryett's shop particularly, all three of them—I am sure the prisoner is one—I had never seen him before—I saw one about the same height as the prisoner inside Mr. Fryett's door—he looked about, and I saw him come out again—the prisoner was standing outside at that time—one of them had an umbrella, which he held sideways to prevent my seeing any thing—this was a quarter of an hour before the robbery—I saw Garrett seize the prisoner, who was talking to a countryman a few minutes before—after the scuffle I saw the foreman come up, collar the prisoner, and pick up the trowsers underneath his feet, about the middle of the pavement—the prisoner was trying to get away, and cried out, "Let me go, you know my mother"—I did not see any blows struck.
Prisoner's Defence. I left my work about half-past seven o'clock. Coming up Whitechapel I met three young men looking about the shops, and watched them; one, thinking I was watching them, came and struck me. I followed them to this shop. I went to a gentleman and said, "There are three young men after thieving something." I went in at the door to tell the master of the shop, but before I could get to tell him they took the trowsers from the door. I immediately ran out, and had almost got hold of him, when the boy seized me, and said it was me; he is mistaken in me..
GUILTY . Aged 20.— Confined Six Months.
Before Mr. Justice Cresswell.
HENRY PITT . I am a shipping butcher, and live at Wapping-wall—the prisoners have been in my service about eight months. On Monday morning, the 17th of January, between six and seven o'clock, I gave Hodsoll orders to convey several lots of meat and other things in my cart to St. Katherine'8 Dock—I sent him away about eight—he left my house for that purpose—I sent Streeter to the London Dock at the same time with a bag containing vegetables only, which he carried on his shoulder—they had to go the same road to both docks—they went away within a minute or two of each other, Streeter first—I had occasion to
follow them immediately after, in the same direction, and at the end of the street in which I reside is New Gravel-lane—I had then to turn a corner in the direction they had gone, and immediately I did to I observed my horse and cart which Hodsoll had charge of, standing at the door of Streeter's house—Hodsoll was in the cart—it was their proper road—I said to Hodsoll, "Pray what are you waiting here for?" knowing he had no business to stop there—he appeared very much confused, made no reply, but proceeded—at the same time I saw the bag of vegetables, which was entrusted to the care of Streeter, standing at Streeter's door—I bad scarcely started Hodsoll away before Streeter came out of his house, and took his bag of vegetables again—he did not see me—I saw under his arm, wrapped in a table-cloth, a piece of my beef—I said, "Pray what have you got there?"—he hesitated to give me an answer—pressing him still further he said, "It is a piece of beef I have got"—I said, "Pray, where did you get it from?"—he said Hodsoll had given it to him, and that it belonged to Hodsoll—I then said, "Pray where did he get it from?"—he said be had purchased it—I said, "From whom?"—he could not tell me—I asked him to allow me to look at it, which he did, and I immediately pronounced it to be my property—it was cut in a very peculiar way, and was given into the charge of Hodsoll on the Saturday evening previous in my shop, for the express purpose of salting it on my premises—it was his particular duty to take charge of any meat intended for salting—he was my foreman—I took the meat from Streeter, and sent him on to his duty, and when he came back I gave them both in custody.
Cross-examined by MR. PATNE. Q. You let Hodsoll go on to the dock to deliver the meat also? A. Yes, I have a very large business—Hodsoll was not present when Streeter made the statement to me.
Cross-examined by MR. DOANE. Q. How many men have you in your service? A. Four, none of them live in the house—they occasionally buy small pieces of meat of me on Saturday evening—Streeter has been longer than eight months with me—he was under Hodsoll.
COURT. Q. Did you see the cart loaded at your door that morning A. Yes, I saw every piece put into it, and saw Hodsoll drive away with it.
WILLIAM COX . I am a policeman. I was sent for, and Hodsoll was given into my custody—I asked what he knew about the beef—he said he knew nothing of it whatever—I locked him up, and saw Streeter—I asked how he came in possession of the beef—he said Hodsoll had given it to him in the stable belonging to Mr. Pitt—be did not say when or why.
NOT GUILTY .
Before Mr. Justice Williams.
JAMES HAYLING . I am coachman to Mr. Bedwin, of Edgeware-road. I had a bad hand on the 19th of January, and could not button my greatcoat—as I went up Edgeware-road, I asked the prisoner to button it—I am sure he is the boy—there were three boys in his company—he tried to button it, but said he could not, and went away—the moment he was gone, I missed my handkerchief—I went after him, and in consequence of
information, I found him concealed in an unfinished house in Paul-street, 500 or 600 yards off—a policeman was in the street when I came up—I told the prisoner I would forgive him if he would produce my handkerchief—the policeman asked him where it was—he said it was concealed among the boards in the second-floor—I went up with the policeman, and found it there—I am sure it was in my pocket when he tried to button my coat—nobody but him tried to button it—the other boys were all round me, and near enough to take it—they were not in the empty house.
Prisoner's Defence. I did not take it.
GUILTY . Aged 18.— Confined Three Months.
Before Mr. Justice Cresswell.
MR. HORRY conducted the Prosecution.
WILLIAM WARR . I keep a boot and shoe and tobacconist's shop at Hackney. I have known the prisoner three or four months—on the 24th of November he came into my shop about nine o'clock, and desired to have his boots mended—I could not do it then, but said if he came in a few hours, I might do them—he came again about one o'clock, came into the back-room, and pulled off one of his boots—at that time my watch and seals hung over the bench where I work—he sat down while I mended his boot—he then found a little place in the other boot, and desired me to mend that—just as I had finished that, he told Mrs. Warr, who was in the back-parlour with me, to weigh him a quarter of an ounce of tobacco—she went into the shop to do so—while she was there, a young man came into the shop for a cigar—I went into the shop, leaving the prisoner in the backroom, putting his last boot on—at that time I am quite confident my watch and seals were there—while I was in the shop, the prisoner came out of the back-room with his left-hand in his left-hand trowsers-pocket, saying he found he had a hole in his pocket, and had lost 1s., and could not pay me, but would come again and pay me directly—he threw 1d. down to Mrs. Warr, telling her to take a farthing change—he lived about a mile from me—he walked*out rather quick, and ran down a little hill—I went into the back-parlour, and missed my watch and appendages—I inquired for him, but heard nothing of him till he was in custody.
Cross-examined by MR. PAYNE. Q. Yours is a very small place, is it not? A. Very small, and the shop is small—a person could not slip from the shop into the parlour without being seen—there is a partition between the two—the watch hung over the bench my tools were on—that was behind the partition—a person must have a very long arm to reach round out of my shop to take it—the room is six or seven feet wide, and eight, ten, or twelve long—I went to the prisoner's mother's house on the Sunday night, and inquired for him—I said he had offered to lend me "The Mysteries of Udolpho," and I should like to see it—the minute-hand of the watch was between the ten minutes and a quarter after three when I last saw it, which was just before he went away—he was taken on the 24th of December—I gave information directly to the police—I am sure I saw the watch while the tobacco was being weighed.
MR. HORRY. Q. Did the young man who came for the cigars go to the back-room? A. No; he was not near enough to get the watch—I only went to the prisoner's house once—he was denied to me then.
ELIZA WARR . I am the prosecutor's wife. I remember the prisoner coming to our shop—I was in the back-room while my husband was repairing his boots—at that time I saw the watch and seals hanging in front—the prisoner desired me to weigh him a quarter of an ounce of common tobacco—I went into the shop to do it, and a young man came in for a cigar—the prisoner came out of the back-room with his hand in his left-hand pocket, saying he had a hole in his pocket, and had lost a shilling, that he could not pay for the repairs, but would go home and fetch his money directly—he gave me 1d., and did not wait for the farthing change—directly he got out he ran as hard as he could.
Cross-examined. Q. What did the prisoner do there from one o'clock till after three? A. Waiting for his boots—I was in the room, sitting, reading the newspaper, all the time he was there—I saw the watch at five minutes after three exactly—at the time my husband got up to serve the man with a cigar I was behind the counter weighing the tobacco—as the prisoner came out he said he could not pay for his boots or the tobacco, which was 6 3/4 d. altogether—he owed us 2 3/4 d. for tobacco which he had had previously.
MR. HORRY. Q. Was the young man who came for the cigar in the shop when the prisoner went out? A. No, he had gone out just before.
RICHARD JENNINGS (police-constable N 47.) I took the prisoner into custody, on the 24th of December, in a water-closet adjoining his mother's house—I had received information of the robbery a month before, and searched for him—I did not go to his mother's house.
Cross-examined. Q. What time did you take him? A. About half-past nine o'clock at night—I was in my uniform—I have inquired at several pawnbrokers, but cannot find the watch.
WILLIAM WARR re-examined. I went to the station about three o'clock to give information—it was between ten minutes and a quarter after three when the prisoner left—the station is a short distance from my shop—I am sure it was after three when he left, and not a quarter after—there is no entrance from the back: there is from the side, but they must open a door to come into the shop, and shut the door again before they go into the little room.
MR. PAYNE called
JOHN MONGER . I am in the copper-rolling line, and live at Walthamstow; I know the prisoner. On the 24th of November, as I was returning from the City, I met him just between Bishopsgate church and Shoreditch church, at five minutes before three o'clock, very near to Shoreditch church—it is about two miles and a half from the prosecutor's—it wanted about ten minutes to three—he was coming towards the City—when I got to Shoreditch church I saw the clock—it had just turned ten minutes to three—that was not above three minutes after I met him—I have known him three months, and always heard a good character of him.
MR. HORRT. Q. How near to Shoreditch church were you when you met him? A. About two hundred yards, and a considerable distance from Bishopsgate church—I was going to Walthamstow—I asked the prisoner where he was going—he said to meet his mother in the City, at the
coffee-house, at three o'clock—he asked me to lend him 1s., which I did, and we parted—I was on the same side of the way as he was when I met him—I was going towards Shoreditch church, and he was coming from it—I had been to our office, No. 68, Upper Thames-street—I left there about two o'clock—I did not notice the time particularly before I saw him—I wanted, if I could, to get to Walthamstow by four o'clock, and looked at the clock to see if I could possibly do so—I did not stop above three minutes with the prisoner—I am quite certain it was ten minutes to three by the church—I went straight on to Walthamstow, and got there at five minutes after four—I know where the prisoner lives—it is near three miles from Shoreditch church—I do not think it is less than that—I know it was the 24th of November, because, when I got home, I put down the day of the month that I lent him 1s.—I was not examined before the Magistrate, nor was I called on—I did not know any thing of it till the day he was committed—I was then at Worship-street—I live about two miles from his mother's—I have seen him once or twice a week, not oftener—I have seen him by chance when I have gone to his mother's, who keeps a coffee-shop—I was there once or twice a week from the 24th of November to the 24th of December—I do not know that I saw him quite so often during that time—I can safely say I saw him once—I think it was the next week following the 24th of November—he assisted his mother there—I believe he was out of employment just at that time.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Six Months.
Before Mr. Justice Williams.
HANNAH WHITE . I am servant to Robert Davis, who keeps a beershop, in George-street, Chelsea. I missed a saucepan off the cellar stain, on the 15th of January, between half-past ten and eleven o'clock—I had seen it at ten—I saw it again at about a quarter to eleven, in the bands of Poole, the policeman—I did not see the prisoner at all.
BENJAMIN POOLE (police-constable B 143.) On the evening of the 15th of January, I saw the prisoner in Wilderness-row, Chelsea, with a saucepan in her hand—I had received information, and asked how she came by it—she said she had been to have it repaired—I examined it and found no repairs on it—on the road to the station, she said she had borrowed it of her daughter, and was going to take it home, that her daughter lived at No. 9, Ranelagh-grove—I went there, and no such person was known there—I returned to the station, and said so in her hearing—she then said it was No. 5, Flask-row—I went there, and found the daughter—I returned and told her that her daughter said she had lent her nothing—she said nothing to that.
Prisoner. I told you No. 19, and you went to No. 9. Witness. She said No. 9.
Prisoner's Defence. As I was coming from market, this saucepan was at the doorway in the open street; I took it up in my hand and came right out with it, and in a few minutes after the policeman came up and
asked where I was going with it; I said to my daughter-in-law's; I told him No. 19, but he mistook me for No. 9.
HANNAH WHITE re-examined. It was on the cellar stairs inside the house at half-past ten o'clock at night—the stairs go down five steps, and it was at the bottom of them—somebody must have come in to get it—they would have to pass the bar to get to it—there is a passage from the outer door to go along.
GUILTY . Aged 50.— Confined Eighteen Months.
Before Mr. Justice Cresswell.
CHARLES PRANGNELL . I am a baker, and live in the Commercial-road, Pimlico—the prisoner was in my service for two days—he was with me a few days before, and left, but begged very hard to be taken back, and I took him back about the 10th of September—he left me on the 20th—I had 8l. in silver in the shop that morning, but I changed two sovereigns and a half, and put them in the tea-pot, which stood on the sideboard in the parlour—the prisoner had seen me' give change from the tea-pot—he had his bread all ready to take out—I went to the bake-house to take something there, and when I came back the prisoner was still there—he went out with ten quarterns of bread and his bills—he never returned-r the basket was brought back by a customer," with seven quarterns of bread in it—somebody came for change, and I missed my money about a quarter to one o'clock—the basket had not been brought back then—I gave information to the police, and found him on the 25th of January, in Bethnal-green—he was then going by the name of John Giles—I heard him called Giles—he answered to that name, and came up stairs—I asked him if he could pay me the 8l.—he said, "No, sir, I have got but 2s. left," and seemed much agitated—I took him myself—he asked where I was going to take him—I said that was best known to myself—he begged me not to take him to his old master's.
Prisoner. You were in bed at the time, and had been in bed for a fortnight. Witness. I had been up stairs—I was not very well—I brought the money down about ten o'clock that morning—I did not go to bed again after that—I had got up about half-past eight or a quarter to nine, and went to bed again directly—you came up and saw me in bed—I was in the bake-house when you went out—the woman did not call you "John," but John Giles..
Prisoner's Defence. I did not go by the name of John Giles; the woman was in the habit of calling me John, and I always answered to that name; he said if I could give him 8l. he would let me go.
GUILTY . Aged 17.— Confined Twelve Months.
Before Mr. Justice Williams.
RICHARD ROBERT PLUMB . I am a baker. On Saturday evening, the 15th of January, I was passing through Hare-street, Bethnal-green, about eight o'clock, with my brother—the prisoner came behind me, took my hat off my head, and ran off with it—I ran after him, and after he got about forty or fifty yards, the policeman stopped him in the next street—I called, "Stop thief"—this is my hat.
THOMAS MALIN (police-constable H 74.) On the 15th of January I heard a cry of "Stop thief" in Hare-street, Bethnal-green, and saw the prisoner running away from the cry, and one who I knew as a convicted thief, after him—the prisoner had this hat in his hand—I stopped him, and took it from him.
Prisoner's Defence. I and another boy were playing; he chucked my cap into a shop, and lent me his; he then took it off, and ran away with it; I went after him; he said, "I can't be the loser of my cap," and went behind the gentleman, took off his hat, and gave it into my hands.
(The prisoner received a good character.)
GUILTY . Aged 15.—Recommended to mercy,— Confined Three Days Solitary, and Whipped.
Before Mr. Justice Cresswell.
GEORGE BAKER . I manage the shop of Rowland Williams, an ironmonger, in High Holborn. On the 27th of January I missed two tin boilers from outside the shop—these now produced are them—there was a ticket on each, but here is but one ticket found—I can identify that.
WILLIAM BAKER (police-constable E 188.) On the 27th of January I saw the prisoner in Streatham-street, St. Giles's—she had these two boilers with her—I asked where she got them, and while speaking to her, this ticket for the boilers fell from her—I picked it up—she said the boilers were made a present to her by a lady in Bedford-place, she did not know the lady, but would show me the house—she then took me to No. 51, Russell-square, where she said they were presented to her at the door—the servants of the house said in her presence that they had not had any such articles there—she then said the lady told her to wait on the steps, and the lady went and fetched the boilers, but did not say where from—when I first took the prisoner she told me to wait at the corner of Streatham-street, she would go and fetch a quartern of gin, and that would make it all right.
Prisoner's Defence. I was in Russell-square selling some things; a lady said to me, why did I not turn my hand to something better; I said I could not; she said, "Why not sell coffee or tea?" I said I had nothing to put it in; she said, "Here is 6d. and if you are here when I come back, I will see what I can do for you;" but I forgot her direction where she said I was to call.
GUILTY . Aged 49.— Confined Three Months.
Third Jury, before Mr. Recorder.
720. CAROLINE FOX was indicted for stealing, on the 30th of January, 11 1/2 lbs, weight of pork, value 5s.; 14 oz. of mutton, value 4d.; 1/2 lb. weight of beef; value 3d.; 1lb. 2 oz. of sugar, value 18d.; 1/2 lb. weight of suet, value 3d.; 6 onions, value 1d.; 3 apples, value 1d.; 2 towels, value 1s.; and 1lb. 2 oz. of flour, value 2d.; the goods of James Alexander Emerton, her master: and JOHN FOX , for receiving the same, well knowing them to have been stolen; against the Statute, &c.
JOHN DENTON (police-constable T 203.) On the 30th of January, about twenty minutes past twelve o'clock in the day, I and Moore were near the railway bridge at Hanwell, and saw the male prisoner pass along with a bundle—I asked what he had in it—after some hesitation he said he had meat—I asked where he got it from—he said he had brought it from home—I asked where his home was—he said if I would go with him, he would show me—I said I should not do that, I should expect he would tell me without my going there—after some little further hesitation, he asked if I wished to see it—I said I wished to see the cloth it was tied up in—he laid it on the ground—I untied it, and saw the name of the Rev. J. A. Emerton in full on it—I then told him he must go with me to the station—I opened the bundle there, and it contained the articles stated.
JOHN MOORE (police-constable T 156.) I was with Denton, and found some cooked pork on the male prisoner, warm—the meat is here—I also found on him a pair of gloves, a knife, 1s. 11d. in a purse, and 1s. 10d.
JAMES WARD . I am in the employ of the Rev. James Alexander Emerton—he is a clergyman—Moore came to me—in consequence of what he said, I went to Mr. Emerton's cottage, and saw some meat there, said to be taken from the male prisoner—I compared a piece of the pork with some more on the premises, and found the fellow piece to it—we had killed a small pig about a week before, and I am sure that produced by the officers was part of that pig—I have some of each here—they correspond—I also saw three apples, which appeared to me the same sort as Mr. Emerton had—I always had the sending in of the apples to the female prisoner who was the cook—I cannot speak with any certainty to the beef.
Cross-examined by MR. PRENDERGAST. Q. These are not the very best parts of the pork? A. No—not the prime—it is the belly, which would be most likely used in the servants' hall.
JOHN DENTON re-examined. When we were comparing the pork, the female prisoner told me she knew the whole about it, and if there was anything wrong, she would pay for it; she also begged of me not to, send for Ward.
NOT GUILTY .
721. MARY BROOKS was indicted for stealing, on the 31st of December, at St. Pancras, 2 necklaces, value 10s.; 1 pair of gloves, value 18d.; 8 sovereigns, 4 half-sovereigns, 8 half-crowns, and 30 shillings, the property of John Watson, her master, in his dwelling-house.
JOHN WATSON . I keep a ham and beef shop, and live at No. 68, Seymour-street, Euston-square, in the parish of St. Pancras. I keep the whole house—the prisoner was my servant of all-work for thirteen days—on the 31st of December, I and my wife went out from six to half-past six o'clock in the evening, to visit a friend in Long-acre—I left the prisoner in the house with a shopman, and a female friend, who I got to come and take
charge of the premises during my absence, and three children—we returned about three, or half-past three o'clock in the morning—it was new-year's eve—the prisoner had gone—I went up stairs to my bed-room, went to a drawer of a chest of drawers, found it unlocked, and the cash-box broken open—I lost eight sovereigns, four half-sovereigns, about 1l. in half-crowns, and 30s. in other silver—the money was safe in the morning, for I put some silver into the cash-box between seven and eight o'clock—I had one key of the cash-box, and my wife the other—it was locked when I left it in the morning—I saw the prisoner again on the 15th of January, at the Drummond Arms public-house, Drummond-street, in the custody of Inspector Wilkinson—I said, "Mary, you have made a pretty piece of business of this," and told her the case would transport her—I told her she had taken 12l. 10s.—she made no answer.
MATILDA CATHERINE WATSON . I am the prosecutor's wife. I had one of the keys of the cash-box—I put it into my pocket on a bunch of keys, and took it out with me—I lost a pair of gloves from the drawer in which the cash-box was kept, and two of the children's necklaces which they had on their necks when I left home with my husband at six o'clock—one of the children was then going to bed, the other was not undressed.
JOHN WILKINSON . I am police-inspector on the London and Birmingham railroad. I apprehended the prisoner in a second-class carriage, on the 15th of January, between eight and nine o'clock in the evening—she was going down to Birmingham—I said, "You are my prisoner, I suppose you know what it is for?"—she said, "Yes"—I took her to the station, and told her it was for robbing her master of 12l. 10s.—I searched her pocket, and found a coral necklace, 3s. 6d. in silver, 6d. in copper, a half-sovereign, and a duplicate of a ring pledged for half-a-crown—I have left the duplicate at home—I asked the prisoner when I took her if she had any luggage—she said she had—I got a small red morocco trunk and two baskets out of the train, from the department in which she was sitting—she owned them—I found a key in her pocket with which I opened the trunk in her presence—I found in it two cotton dresses, a pair of fur boots, and a pair of gloves—in one of the baskets was a cotton dress not made up, and one made up, a new worsted shawl with a ticket on it, and a silk pocket handkerchief not new—on the Monday, I asked what she had done with the other coral necklace—she said she had lost it out of her pocket—I cautioned her before 1 questioned her.
Prisoner. He did not say before what he says now—I wish his depositions read. Witness. This is my name and handwriting—it was read over to me before I signed it.—(The witness's depositions being read agreed with his evidence.)
MRS. WATSON re-examined. This necklace is one which one of the children wore when I went out, it was part of my own necklace, which I took off to make one for the child—I can swear to it—the gloves I believe are mine—they were new—I had never worn them—the prisoner had only been thirteen days with us—I had a good character with her from Mr. Jones, of Seymour-cresent, Euston-square—the cash-box was broken open, and put into the drawer again—I was not aware that the prisoner knew where the cash-box was kept—the drawer was shut close
when I came home, but opened—it appeared as if a knife had been put to the lock.
ALFRED GRAVATT . I am shopman to the prosecutor. I was at home on the evening in question—no person came to visit the prisoner—about half-past eight o'clock she came to me in the shop, and asked for some money to get some wood to light the fire, which I gave her—she afterwards asked me for some more money to get some beer for supper—I gave it her—she came again about five minutes to nine for some money to get candles—I gave her 1s.—she went out, and never returned—Mrs. Watson's friend was. obliged to leave at a quarter past twelve, and I knew nothing of any robbery being committed—directly Mr. Watson came home, I told him of the prisoner's absence—he instantly ran up stairs, and missed the money—he brought the cash-box down in his hand—there was a 50l. note placed in a slide which she fortunately did not see—all the rest was gone—I produce a knife which I found in the kitchen next day—here is the mark on the cash-box of its being forced in the corner—it is a tin cash-box—Mrs. Watson's friend did not go up stairs into the room—I went up about ten minutes before one to fetch a child out of bed that was crying, and I had to keep it in my arms till Mr. and Mrs. Watson came home.
GUILTY . Aged 22.— Transported for Ten Years.
BARCLAY pleaded GUILTY . Aged 18.— Confined Six Months.
SOPHIA PROCTER . I live with my father, Francis Procter, in Brook-street, Ratcliffe—we sell bread. On Saturday, the 8th of January, I missed two half-quartern loaves—anybody might take them from the front of the shop-window outside—I know them from having broken them from two others—the two produced to me fitted the two that remained.
WILLIAM NICHOLLS (police-constable K 177.) On the afternoon of Saturday, the 8th of January, I saw the prisoners in Brook-street, Ratcliffe, about 100 yards from the prosecutor's shop—I stopped Barclay—he was carrying two half-quartern loaves—the other two ran away.
ENEAS M'ALLEN (police-constable K 95.) On the 9th of January I took Tabrum into custody in Twine-court—he asked what I wanted him for—I. said about those loaves—he said be did not take them, but he knew another boy who had seen Barclay take them.
TABRUM and RATHBONE— NOT GUILTY .
SMITH** pleaded GUILTY . Aged 19.— Transported for Seven Years.
FRANCIS EDWARDS . I am a tailor, and live in Newgate-street. On Saturday afternoon, the 29th of January, in consequence of information I received, I ran into the street, and overtook the prisoner Smith, with a coat
belonging to me, marked 21s.—I found him in the archway of St. Bartholomew's-hospital—he was concealed in one corner of the archway—the coat was on his arm—in taking him to the station the prisoner Brown came up, and I asked the policeman to take him also—Smith said at the station that Brown had taken the coat and given it to him to run away with—Brown said nothing whatever.
JACOB SIMMONS . I live at No. 3, Lamp-alley, Sun-street, Bishopsgate—I am fifteen years old—I was in Newgate-street, opposite Mr. Edwards's door, and saw the two prisoners take two coats off a block, and drop one—one of them took the two, I cannot tell which, they were both together—they dropped one on the floor, and went off with the other—a little boy picked up the coat that was dropped, and took it into the shop—I went in and gave information, and then I ran after them—the prosecutor followed me, and on turning into Giltspur-street, I saw both the prisoners—Smith went up against St. Bartholomew's hospital, and was found just within the gateway—Brown followed him, and joined us when Smith was taken—I pointed him out—I am sure they were together when the coats were taken, and they both ran away together.
(Property produced and sworn to.)
BROWN†— GUILTY . Aged 17.— Confined Six Months.
SARAH MARLTON . I am a widow, and live in Bayham-street, Camdentown—the prisoner lodged with me about four months, and left about the 9th or 10th of November—after she was gone I missed the articles stated—I spoke to her about them—she said she had not had them.
(Property produced and sworn to.)
(The prisoner pleaded poverty.)
GUILTY . Aged 36.
MARY WATE . I am a servant, and live at No. 3, York-place, Camdentown—I slept in the same bed with the prisoner on Monday and Tuesday, the 4th and 5th of January—I had a cotton gown which I left in my room on my box—when I returned on Friday evening I missed it—when I saw the prisoner I asked her for my gown—she said she had not got it—she afterwards said she would get it—I gave her in charge—I had not known her long.
(Property produced and sworn to.)
had slept there five or six days—I went and inquired there, and the woman of the house gave me a bundle of rags, in which I found a pocket-book with twenty-eight duplicates, and four wrapped up in a piece of rag—one was for this gown—the prisoner did not know that I had got them till she was before the Magistrate—as I took her to the station, she made a stop opposite No. 111, Park-street, and said she wanted to go in—I asked if she had lodged there—she said "No"—I said she must not go in unless I went with her, and she would not go in.
Prisoner. I did it through distress.
GUILTY . Aged 36.—Recommended to mercy by the Prosecutrix.
Confined Three Months.
JOSEPH HOUGHTON . I am a tailor, and live in Smith-street, Northampton-square, Clerkenwell—the prisoner had been a servant. On the 27th of November, she came to my house about a cloak which she had given me the order for—she was in the kitchen—I missed a coat about two hours after she was gone—no one had been in in the meantime—it was missed from the passage, through 'which she went to go out—I have seen it since—her cloak was to be completed by the Wednesday following, but she never called for it—I afterwards met her in Bishopsgate, and charged her with stealing my coat—she denied it—on going to the station she told me she had taken it, and begged me not to prosecute her—she told me it was pledged at Mr. Attenborough's, at the corner of Sun-alley, Bishopsgate-street—I asked her for the duplicate—she said she had unfortunately burnt it with some other things—I had not made her the slightest promise.
WILLIAM BUGGY (City police-constable, No. 661.) I received the prisoner into custody about half-past nine o'clock, in Half Moon-street—as we went to the station she stopped for a few minutes, called to the prosecutor, and said she stole the coat and pledged it at Mr. Attenborough's, in Sun-street, and hoped he would forgive her—I first met the prosecutor about a quarter-past nine, as I was going down Half Moon-street—he said he had a suspicion of her stealing the coat—the prisoner came up shortly afterwards, and he told me to take her on suspicion—I did so, and on the way to the station she stopped and said this to the prosecutor.
JOSEPH HOUGHTON re-examined. I had known her in service about a year and a half ago, in Little Britain—I have known nothing of her since—I knew her to be out of a situation from what she told me—she is a very respectable young woman as far as I know—she told me she was out of a situation, and was about to be married—I believe that was quite untrue—I had not seen her since June—she then told me she was in a situation at Chelsea—she was in the habit of calling on me before that, but not after, until the day in question.
(The prisoner put in a petition stating that she did it through distress, and that her parents, who lived in Yorkshire, would receive her.)
GUILTY . Aged 21.—Recommended to mercy by the Prosecutor and Jury.— Judgment Respited.
JOHN SAMPSON . I am a harness-maker, and live in Castle-street, Longacre. On Thursday night, the 13th of January, between eight and nine o'clock, I was in Great Queen-street, Lincoln's Inn-fields, and saw the prisoners there in company with another young lad—I saw Harris follow two gentlemen and feel one of their pockets—they followed them a little further, and picked his pocket of a white silk handkerchief—Newman was about two feet behind him at that time—I had seen them follow two or three people before that, and they all three joined company after following people—Harris was walking across the road directly he got the handkerchief, and put it in his breast, or somewhere about him—I ran up to him before he got across—he dodged me about, and chucked the handkerchief up—I took it up, and he got off—I delivered the handkerchief to the gentleman who had lost it—I saw the same three again in company afterwards, and followed them till I came to a policeman—I told him that one had picked a gentleman's pocket—he told me to run and lay hold of him directly—I ran—he ran away a great distance—at last I caught Harris.
Cross-examined by MR. PRENDERGAST. Q. Have you ever taken any men before? A. Not for picking pockets—I took hold of a boy for stealing soap seven or eight years ago—I caught him in the street and took him into the shop—he was sent to prison by the Magistrate at Queen-square—I have never been here before—I worked at No. 86, Long Acre, at the time this robbery was committed—I left there through being obliged to come here—I could not do my work—my master told the policeman he should discharge me—he did not like my losing my time—be told me I did not do a job quick enough for him, and said, "If you don't mind, you shall go about your business"—I do not know the gentleman that lost his handkerchief—I never saw him before, to my recollection—I had a white apron on, the same as Newman—I took the handkerchief up—I had the property on me—I thought perhaps the people, seeing me following close behind them, might think I was one—to make sure of it, I gave the handkerchief to the gentleman, he attempted to run after them—I said, it was no use to run, they were a long distance—I had a man taken in Holborn once, but he did not appear here—he was only at the station—the policeman afterwards told me he got some imprisonment—he did not say how much—I have not been concerned in any other case—the gentleman was not aware of the robbery—I had to run to catch him up—I did not call "Stop thief" at the time—it did not come to my recollection—there was a great number of people—this happened between eight and nine o'clock—I saw them again within an hour—Harris is the same person—I saw his face—he was dodging me about in the road when he had the handkerchief in his possession—the street was well lighted with gas—it was right opposite the Wesleyan Methodist chapel—I gave no alarm—I went up to the gentleman, touched him on his shoulder, and said, "You have
lost something"—he felt, and said, "My handkerchief"—I said, "Is this it?"—he said, "Yes"—I did not ask his name—I had not the recollection.
COURT. Q. You saw the prisoners again, and had them taken? A. Yes—I knew them by sight before—I had seen them near Middle-row, Holborn, and was acquainted with their persons—I had seen Harris once, and Newman several times.
JOHN MANHOOD (police-constable F 65.) On the 13th of January, about twenty minutes to nine o'clock, I was in Earl-street, Seven-dials—Sampson came up to me, and pointed out the prisoner Harris, and said he had picked a gentleman's pocket—I said, "You had better go and lay hold of him, I shall not be able to catch him"—as soon as he started from me he ran away, and Newman and Newman's little brother, who he takes out with him—Sampson ran after them, and took Harris—he said he had done nothing—I searched him at the station, and found a white handkerchief on him with the name of "Lydia" on it.
Cross-examined. Q. You do not know Lydia? A. No—I cannot say whether she might have given it to him—he said it belonged to his sister—I do not know her name—Newman was taken on the Saturday night afterwards.
NOT GUILTY .
THOMAS HALL . I am a butcher, and live in Woodstock-street. On the 24th of January I went into a public-house in Holborn, with my wife and uncle, between six and seven o'clock—I found the prisoner near the bar—she got into conversation with my wife—I left the public-house, and my wife got into a wagon to go into the country—I and my uncle stood talking together at the door of the public-house—the prisoner stood by us, but not in conversation—we all three walked up Hoi born together, and my uncle left me—the prisoner continued walking with me, and then she fell down and began crying—I did not offer to help her up, and some people round said I ought to be ashamed of myself—I then gave her my hand, and lifted her up—she said she knew her thigh was bleeding, and I ought to take her to a doctor—I said I bad no doctor's money—she then asked me to take her to a public-house, and she would treat me to a pint of half-and-half, and she could examine her thigh there—we went into the parlour of a public-house—there were three children and a servant there,—she called for half-and-half—the servant brought it—she told the children and servant to go out of the room—I stood by the fire—in about three minutes she pushed me into a chair, and put her hand into my sidepocket—she let go of the chair, and took her hand out—I got up, and said, "By G—you have robbed me, and I will fetch a policeman"—she said, "You may fetch a policeman, and be d—d"—I went out of the door—a boy stood there—I said I would give him a penny to fetch a constable—I went into the room again—she held the money up in her hand, and said, "Look here"—she put it into her mouth—I put my arm round her neck, rammed my hand to her throat, and two shillings came out of her mouth, and fell into the ashes—the policeman came in, put his arm round her neck, and tried to choke up the other money, but it did not come
up—I did not get more than the 2s.—I lost 7s. 3 1/2 d.—the halfpence were found upon her.
Prisoner. You wanted me to do what I should not like to do; you gave me the money, and wanted it back again, and I put it into my mouth; 2s. and a few halfpence was all you gave me; now tell the truth. Witness. I told her I did not want to have any thing to do with her—she asked me and my uncle too to go with her to her lodging—I told her several times I did not want to have any thing to do with her—I did not send for any gin and water or half-and-half—she said she would treat me if I went into the house—I was not there ten minutes—I was going out once, and she pushed me back, and said, "Stop till I have examined my thigh"—I stopped by the fire, and she pushed me into the chair.
EDWARD RUSSELL (police-constable F 145.) I was sent for to the Bell public-house, in Newton-street, and found the prisoner in the parlour, and the prosecutor holding her by the back of her throat—I saw two shillings fall from her mouth—I took them up—she appeared to be choking—I felt her throat, and felt something very hard in her throat—she begged me to let her sit down a few minutes—she appeared quite exhausted—I took her to the station, and on the way she began laughing, and said she had robbed him because he wanted to take liberties with her, and would not pay.
GUILTY . Aged 21.— Confined Six Months.
NEW COURT.—Saturday, February 5th, 1842.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 14.— Transported for Seven Years—Convict Ship.
GUILTY .— Confined Three Months.
GUILTY — Confined Three Months.
732. JOHN FRANCES was indicted for stealing, on the 27th of January, 1 pewter pot, value 9d., the goods of William Scull ; also 1 pewter pot, value 1s. 6d., the goods of George Bevans ; also 1 pewter pot, value 9d., the goods of Mary Roche ; also 1 pewter pot, value 9d. the goods of William Robson ; and 1 pewter pot, value 9d., the goods of Elizabeth Seaborn .
GEORGE GEORGE (police-constable D 114.) On Saturday evening, the 22nd of January, at twenty minutes before eight o'clock, the prisoner passed me in Oxford-street—I saw he had something heavy in his jacketpocket, and asked what he had got—he said "Nothing," but, in an instant, he turned round and knocked me down—I called for assistance, and conveyed him to the station—I found a quart and a pint pot in his jacket-pocket—I then undid his coat, and found three pint pots in a belt round his body, and in his breeches-pockets I found the bottoms of some of the pots.
GUILTY .* Aged 27.— Confined One Year.
733. JOHN MILLS was indicted for stealing, on the 30th of December, 1 coat, value 2l.; 3 pairs of trowsers, value 30s.; 3 waistcoats, value 24s.; 2 handkerchiefs, value 6s.; and 1 shirt, value 2s.; the goods of Henry Joseph Bligh.
HENRY JOSEPH BLIGH . I live in Dorset-street, St. Marylebone; the prisoner lived with his father and mother in our front kitchen. On the 29th of December my clothes were all safe in my box—the following morning I went to Covent-garden market at two o'clock—I came home and went to my box—all my clothes were gone—these produced are mine.
GUILTY . Aged 18.— Confined Six Months.
734. THOMAS HILL was indicted for feloniously receiving of a certain evil-disposed person 56lbs. weight of lead, value 9s., the goods of the Guardians of the Poor of the parish of Barnet, well knowing it to have been stolen; against the Statute, &c.
Mr. Howarth declined the prosecution.
, NOT GUILTY .
ELIZABETH LINSCOTT . I am the wife of Joseph Linscott, living in St. John-street. On the 6th of January I went to the chemist to buy some powders—I took my purse out, and took 6d. out to pay for them—I put the purse into my pocket again—the prisoner and Daniel Mahoney came in—I felt the prisoner against me, and on turning my face towards him, I saw him draw my purse from my pocket—I caught hold of his left hand, which had my purse in it—I exclaimed, "Oh my G—, he has got my purse!"—I saw it in his hand—it contained 11s.
Prisoner. I asked what you wanted with me, and stood still. Witness. No, you did not.
WILLIAM HUNTER . I live at Wapping. I was in the chemist's shop—I saw the prisoner and Mahoney come into the shop—I saw Mrs. Linscott take hold of the prisoner's hand which had the purse in it—there were two
or three on the outside, who forced the door in, as the prisoner made resistance to get out, and there might have been time for him to give the purse to the others.
WILLIAM ATTERSLEY . I saw the prisoner and Daniel Mahoney come into the shop—I saw the prisoner wrench his hand from the lady when she seized him, and endeavour to make his escape—the door was thrown open, and there were others there—the prisoner had time to give them the purse—he had no money on him.
Prisoner's Defence. I went in for a halfpenny-worth of stick liquorice; three boys shoved me against the woman; she seized me, and said, "You have got my purse;" I said, "You are welcome to search me." I took my jacket off, and some of them went for a policeman. I am innocent. I had been at work for Mr. Byers.
GUILTY .* Aged 18.— Transported for Ten Years.
GEORGE WALTERS . I am shopman to Mr. James Carter Pafford. On the 10th of January, about five o'clock, I placed a piece of printed cotton at the bottom of our counter—the prisoner came in to purchase an article, and when she had left I missed the cotton—this now produced is it.
THOMAS CALVER . I am a pawnbroker. On the 11th of January, about nine o'clock in the morning, the prisoner brought this cotton—I had received a description of it the evening before, and I stopped her with it.
Prisoner's Defence. I went into the prosecutor's shop on Monday; there were several other persons there. I was going out for some supper about ten o'clock, and I picked up the print wrapped up in paper. I took it next morning to Mr. Wells, the pawnbroker. I should not have gone to pawn it twelve doors from the prosecutor's if I had stolen it.
GUILTY . Aged 16.— Transported for Seven Years.
737. EDWARD BROWN, MARY ANN SMITH, FRANCES MATTHEWS , and GEORGE SMITH , were indicted for stealing, on the 5th of January, 1 pewter pot, value 2s., the goods of John Frimley; and that Brown had before been convicted of felony: to which
BROWN pleaded GUILTY . Aged 20.— Confined One Year.
GEORGE SMITH pleaded GUILTY . Aged 20.— Confined Three Months.
JOHN FRIMLEY . I am landlord of the Rainbow public-house, in Liverpool-road, Islington. On the 5th of January the witness brought this pot to me—it is mine, and one I had in use on the 4th—I had not seen the prisoners in my house to my knowledge.
JAMES BROWN (police-constable F 142.) I took the four prisoners together in a house in Charles-street, Drury-lane, on the 5th of January—they were in a second-floor front room, melting down pots in a frying-pan—the house belongs to a man named King—I do not know where the prisoners live, but they were sitting round the fire together—this pot was
in the frying-pan—George Smith made his escape—the others staid there—they were all laughing—I said, "How did you come by this?—they made no answer.
M. A. SMITH and MATTHEWS— NOT GUILTY .
738. JOHN RICKARDS was indicted for stealing, on the 14th of January, 4 yards of kerseymere, value 1l.; 1 yard of velvet, value 6s.; 6 yards of ribbon, value 4s.; 3 pairs of gloves, value 4s.; 24 handkerchiefs, value 2l. 10s.; 6 1/2 yards of cambric, value 2l. 5s.; 4 veils, value 1l. 17s.; 2 1/2 yards of linen-cloth, value 4s.; 16 yards of silk, value 35s.; and 2 table-cloths, value 4s.; the goods of John Hopkins and another, his masters; and MARY WELSFORD , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.; to which RICKARDS pleaded GUILTY . Aged 31.— Transported for Seven Years.
MR. CLARKSON conducted the Prosecution.
WILLIAM CARPENTER . I am in the employ of my uncle, a pawnbroker, in Charles-street, St. George's. On the 14th of January, I received a piece of broad-cloth in pledge from Welsford, in the name of Mary Kepple—I knew her before—I advanced 11s. on it—this is the duplicate I gave her—on the 18th of January I took these nineteen handkerchiefs in pledge of her, seven silk and twelve cambric, in the name of Mary Welsford, Tarling-street, for 1l.—they are all new—this is the duplicate I gave her—she told roe they were a present from her intended husband—they were folded in this paper—there is a portion of Mr. Hopkins's name on it—on the 20th of January the inspector called and saw these articles.
Cross-examined by MR. BALLANTINE. Q. You knew Welsford perfectly well? A. Yes, she had been in the habit of pledging there about six months—I did not exactly know where she lived, but I knew where I could find her—she pawned some of these things in the name she was in the habit of pawning in—that is done by persons who are very honest.
DANIEL DERRIG (police-sergeant K 27.) In consequence of information from my inspector, I went to Mr. Carpenter's, and examined these duplicates, and seeing "No. 2, Tarling-street." on them, I went and found, Welsford there, in a bed-room in the front-parlour—when she saw me she said, "Oh, I thought it was Rickards, have you seen him?"—I said, "No, I have not, I came about these handkerchiefs which were pledged at Carpenter's—"she said, "Oh, I have got the duplicate of them, you can have it if you please"—she then gave me these eight duplicates—amongst them was one for the handkerchiefs and the broad-cloth—I said, "You must come with me"—she said, "I hope not, I hope Rickards has not been doing any thing wrong; he gave me the handkerchiefs, and I pledged them"—Mr. Peggs came to the station while I was entering the charge against Welsford—up to the time of my taking her to the station, she did not produce or deliver to me any thing but the eight duplicates—I went with Mr. Peggs to her lodging, to the same room in which I found her—I there found a silk dress, a piece of new Irish linen, four new veils, twelve new
cambric handkerchiefs, a piece of new French cabric, three pairs of gloves, (one pair new and the others appeared to have been worn,) two collars, two new table-cloths, some cambric handkerchiefs, which have been made up, some marked "Rickards," and some "Welsford," a volume of the "Pirate," a black silk handkerchief, which has been hemmed but not worn, a red merino shawl, a bonnet, and a wrapper—they were identified by Mr. Peggs—I got from Mr. Peggs a pair of trowsers and a black satin waistcoat, and two handkerchiefs marked "1" and "7," which were found in Rickard's drawer—I afterwards went with Mr. Pegg to his shop in Shoreditch—Rickards was called into the counting-house by Mr. Pegg, who charged him in my presence with robbing them to a great extent—I said he must consider himself in my custody, and I should take him to Shadwell, where a young woman was charged of the name of Welsford—he said, "I know her"—after that he cried, and asked Mr. Hopkins to forgive him—Mr. Hopkins said, "No, I shall do no such thing"—I then took Rickards up stairs—he gave me the keys of his drawers—I returned them to him and asked him to unlock the drawers which belonged to him—he did so, and Mr. Pegg selected from them these two handkerchiefs.
MARY KEPPELL . I live in Tarling-street—I do not keep a house of accommodation. Welsford lodged there on the 14th and 18th of January—she has lodged with me nine months—she only occupies the front-parlour—it is a bed-room and sitting-room—Rickards has been in the habit of visiting her—he has been paying his addresses to her for four months—I never knew him sleep there except on the night before the day he was taken, when he slept in Welsford's room—I do not know whether he slept with her—I inquired of her how it happened—she told me he had been locked out of the shop—she is a dress-maker.
Cross-examined. Q. You knew nothing of his sleeping there the night before that? A. No, I should not have allowed that to go on in my house—he spoke of marriage repeatedly, and it was the general opinion they were to be married—I have seen him at different times make her presents of a dress and some handkerchiefs, about four months back—he said it was some stock he had when he was in business at Devonport—the dress was a brown silk one—I believe this to be it—I did not see her receive the dress—she told me he gave it her—I saw him give her the handkerchiefs—he said they were stock he had—I had no reason to disbelieve he had been in business at Davenport—Welsford comes from Exeter, and has been respectable, and borne a good character—my husband is chief officer of the Runimede, and lives with me when he is at home from sea—I do not allow men and women to come to my house—I came from Exeter, and Welsford came with me, about nine months since—she has been gaining her living honestly.
MR. CLARKSON. Q. Did you know Rickards was in the service of Hopkins and Peggs? A. I knew he was in a situation in the draperyline—I did not know where—I have known Welsford four or five years—she is nineteen years old—she has a mother living at Exeter—I brought her to London.
JAMES PEGGS . I am in partnership with Mr. John Hopkins—we keep a linen-draper's shop in Shoreditch—Rickard's had been in our employ nearly a month—he came as shop-walker—he had 60l. a-year and his board—the articles produced are all ours—they had not been sold to the prisoner—they are worth nearly 12l.—I charged Rickards with having
robbed us, and he asked forgiveness—Mr. Hopkin's said he could not do any such thing—this paper is a wrapper of some goods that has borne the stamp of our house—I produce the piece of brass which made the impression—here is enough left to show that it is made from our stamp.
Cross-examined. Q. I suppose the whole of these goods could not have been taken at one time? A. I should say not—the probability is, that they were taken at different times—Rickards came from Hertford to us.
ELIAS PHILLIPS . I am in the prosecutor's employ. I have seen Welsford in the shop, speaking to Rickards, and saw her waiting outride the shop two or three times—I have seen Rickards talk to her at the door.
WELSFORD— NOT GUILTY .
JOHN DALE . I live in Widegate-alley. On the evening of the 12th of January I was standing in front of the bar at Mr. Hart's—I saw the prisoner put her shawl over a cask that was in the door-way, and cover it over one of these pots—she then took the other pot.
JOSEPH REYNOLDS . I am in the service of Mr. William Hart, he is a publican. I was lighting the gas, and Dale told me the woman had taken two pots—I ran and took one from her—she was brought back with the other under her arm.
Prisoner. I had been all day drinking with another woman—she gave me a pot.
GUILTY . Aged 28.— Confined Three Months.
MR. LOCK conducted the Prosecution.
ANDREW ROBERTS . I am in the employ of Miss Emily Chappell, a musicseller, who lives in New Bond-street. On the 23rd of September, 1840, a man called and said that Mrs. Pugh, of No. 41, Curzon-street, May Fair, wished to hire a good harp—I went to the house to make inquiries—I saw Mrs. Mitchell, who told me she was the landlady—she said Mrs. Pugh was a lady of very large fortune, and she had a good reference with her from Mr. Squire's, a merchant, in the City—the harp was sent the same afternoon—on the 23rd of October the prisoner called, and said she came to pay for the month's hire of the harp, and asked me to make out a bill, which I did—I asked her name, and she said, "Mrs. Pugh, No. 41, Curzon-street"—she paid me two guineas for the month's hire, and said she wished to continue it at the same rate—I called at the house three months afterwards—the servant said the prisoner was gone into the country, but was expected shortly to return—I heard of Mr. Squire's, I think, in July, from Mrs. Mitchell, and I saw him—he is a merchant—apparently, he lived in Bucklersbury—he said he was the prisoner's agent,
and was going to send her 400l. that day—it appears he is her son—I have ascertained that her name is Price—the value of the harp was 65 guineas—I saw the prisoner afterwards at the Police-office—she said she had sent the harp on the day she hired it, to Mr. Luxmore, a pawnbroker, in St. Martin's-lane, and begged I would not prefer the charge against her, and she would get the harp returned, and pay for the hire—this is the harp—(looking at it.)
GEORGE ROWE . I am assistant to Mr. William Edwards Luxmore, a pawnbroker. On the 23rd of September, 1840, I received this harp in pledge—I received a note from Mrs. Pugh, in Curzon-street—I went there to look at a harp—I saw the prisoner, and made an agreement with her to lend 20l. on this harp—she sent it by a servant, and I returned the money.
ANN WOOLGAR . I am searcher at the police-station. I searched the prisoner on the 6th of January—I took from her this ticket relating to the harp—she tore it in pieces, and attempted to throw it into the fire—I said I must not have any thing destroyed.
GUILTY . Aged 60.— Transportcd for Seven Years.
MR. LOCK conducted the Prosecution.
CHARLES HARDY . I am one of the firm of Jacob Frederick Zeitter and others. On the 4th of November, 1840, the prisoner came in a very respectable fly to hire a cottage piano-forte, to be sent to No. 41, Curzon-street—the price was 40l.—it was sent to her that day—the agreement was that on the 29th of January she was to let us know whether she would purchase it or not—I wrote a letter, and no answer was returned—I called, and she was gone into the country—we let her have it on hire originally.
EDWARD SMITH . I am a pawnbroker in the employ of Mr. Thomas Smith. On the 25th of November, 1840, I was sent for to go to No. 41, Curzon-street—I went, and saw the prisoner—she shewed me this pianoforte, and wished to borrow money on it—I lent her 20l. at that time, and she had more afterwards—Mr. Hardy has seen the pianoforte, and identified it.
Prisoner. The officer has a bill for the piano, 40l. Witness. Yes, I have—(read)—"Mrs. Pugh, debtor to Zeitter and Co., to a cottage piano, 40l."
COURT to CHARLES HARDY. Q. Was there an agreement that the prisoner should have the power of purchasing it if she pleased? A. Yes, at the end of January, but I did not see her at the end of January, I never could find her.
GUILTY . Aged 60.
742. SARAH PRICE, alias Pugh, was again indicted for stealing, on the 15th of July, 13 knives, value 6s.; 2 sets of bed-furniture, value 30s.; 2 counterpanes, value 15s.; 1 bolster, value 10s.; 1 pillow, value 6s.; and 2 window-curtains, value 2s.; the goods of Marian Woodham.
MR. LOCK conducted the Prosecution.
MARIAN WOODHAM . I am a widow, and live in Seymour-terrace, Chelsea. On the 12th of July last the prisoner called on me about a house of mine at Kensington—she represented herself to be a lady from Axminster, who kept her carriage, and had no children—she said she supposed I wanted a reference—I said yes, and she referred to Mr. Squires, her agent, who advanced her income—I saw him, and he represented himself as a lawyer—I rather objected to him, as I do not like lawyers—he then told me he was a stock-broker, and his name was in the list; in consequence of this I let the prisoner the house at 1l. 12s. per week—I went there on the 6th of January, and saw the prisoner going out at the street-door—I said, "Good day to you, Mrs. Price"—she said, "I did not expect you to-day; I am going out to dye a gentleman's hair"—I went in, and she conducted me to the kitchen—I had left a large chest under her care, which contained a considerable part of my property, and the first thing I noticed was that the seals of the chest were broken—I said, "I have not got the key of the chest here, but I charge you with breaking the seals, and I shall send for a policeman"—the policeman came, and we proceeded over the house, but, before that, the prisoner said my things were pledged, and that was the only crime she had done—I then missed the bed-furniture, the knives and forks, which she had pledged three days after she came into the house, and the rest of the articles named.
ALFRED HULM . I am a pawnbroker. I have a tent-bed furniture pledged on the 12th of November, in the name of Ann Sheridan—on the 16th of November, a counterpane, in the name of Ann Berry—on the 18th of December, a curtain, in the name of Ann Berry—on the 20th of December, a curtain and a bolster, in the name of Ann Shind—on the 23rd, a pillow for 3s., and on the 24th a counterpane for 4s.—I do not recollect who pawned them—these are the duplicates I gave for them.
(Property produced and sworn to.)
Prisoner's Defence, written. "I was for many years the wife of a gentleman of large fortune, character, and eminence in the legal profession, and at his decease I inherited the greater portion of his fortune. Some years after, I contracted a second marriage, which proved of the most unhappy nature. I was compelled, through the misconduct and cruelty of my husband, to separate from him; but as no legal separation ever took place, I have been compelled, for my own security, to reside in furnished houses and apartments. I have usually passed by my Christian name of Sarah Price, to prevent the annoyance of my husband; and about the
latter end of the year 1840, having fallen into temporary embarrassments, through ill-advised speculations in railway shares and foreign stock, I was led to pledge the harp, but no fraud was, however, intended, as I expected some money from some joint property belonging to me and my sister; but litigation followed, and my resources were unexpectedly exhausted, which I, unadvisedly, concealed from my relations, which has brought me to the distressed situation in which the Court behold me, soliciting mercy. I confess to pledging the other property, but no fraud was intended, as I expected I should have had the means to redeem them before detection could occur; and I beg to state, that I have received information since my confinement that funds will be shortly at my disposal, which I have ordered may be immediately applied to the payment of all just demands."
GUILTY . Aged 60.— Transported for Seven Years more.
GUILTY .— Confined Two Months.
EPHRAIM MALBOROUGH . I am assistant to William Hamper, a hosier, in Newgate-street. The prisoner came into the shop on the 1st of February, at a quarter after four o'clock—he asked the price of some silk scarfs—I said 12s. or 14s.—he was about to leave—I said I could show him some cheaper, which I did—he did not like them—I got some out of the window—he seemed to like one—he said "What is this?"—I said 6s. 6d.—he put it into his breast, and ran out—I ran, and brought him back—he then threw the scarf on the counter.
Prisoner. I paid for it. Witness. I saw no money, and took none.
GUILTY .* Aged 19.— Transported for Seven Years.
MARY MAHONY . I am servant to Charles Foxall, of the Crown public-house, Museum-street, Bloomsbury. I have missed some of his plates—the prisoner was in our house, between eight and nine o'clock, on the 12th of January—I saw her go out with a parcel under her dress—the constable came next morning, and brought a dish and seven plates—they are my master's—they had been in a cupboard—when the constable came next morning I missed them—I had seen them safe a few minutes before the prisoner came—I also missed the ribbon from my bonnet.
JOHN JAMES ALLEN . I stopped the prisoner about a quarter to nine o'clock that evening—she had these plates and dish, and ribbon—they were not then tied up—the prisoner was about 200 yards from the prosecutor's.
Prisoner. I beg for mercy.
GUILTY . Aged 18.— Confined Three Months.
746. ANN HATTON was indicted for stealing, on the 18th of January, 7 brushes, value 11s.; 9 combs, value 14s.; 1 penknife, value 2s.; 2 printed books, value 2s.; 1 puff, value 9d.; 1 pair of gloves, value 1s.; and 1 1/2 yard of ribbon, value 1s.; the goods of George Allsop ; to which she pleaded
GUILTY . Aged 24.—Recommended to mercy.— Confined Eight Days.
GUILTY .* Aged 26.— Transported for Seven Years.
FREDERICK LANKSTER . I am in the employ of Thomas Flint, a hosier, in Oxford-street. On the 24th of January, the prisoner came to his shop—I went to get some stiffeners, and then she was gone—one of the ladies who was in the shop pointed her out—I went after her—she offered me the handkerchief—I seized her—she pulled me into the road—two gentlemen came up and stopped her—the handkerchief had been in the shop—I saw the shop ticket fall from the handkerchief before I went out.
GUILTY .— Confined Two Months.
THOMAS TETTER . I am lighterman to William Bonfield and another, and live in Brunswick-place, Caroline-street. I was coming near the wharf on the 23rd of December, and saw the prisoner carrying the sack away on his back—I passed him and went on to the craft, I then went back after him, and the sack was pitched into an orchard—it stood there about ten minutes, and then it was put on his back by four or five boys—I then lost sight of him, and when I saw him again he had no sack.
WILLIAM GROVER . I saw the prisoner that day come down the wharf, and open the door of Mr. Bonfield's granary, take down two keys, unlock a, padlock of the hay-floor, put the lock again as if it was locked, and go off the wharf.
Cross-examined by MR. PAYNE. Q. What are you? A. A weigher to Mr. Bonfield—I had been discharged—I was in their employ among the horses—it was about half-past two o'clock—Courtney has been in the habit of coming there to buy ever since I have been there.
EDWARD MANN . I am clerk to Messrs. Bonfield, corn-merchants. On the day I missed a sack of oats, the prisoner came to me afterwards, and I said, "Jemmy, how came you to take the sack of oats?"—he said, "It was a bad job, roaster, I was egged on to do it"—he did not say where he took it from—he said he took it to Courtney's—I said, "Did you leave them there, Jemmy?"—he said, "Yes, master."
Cross-examined. Q. He came voluntarily to you? A. Yes—he has borne a good character.
(The prisoner received a good character.)
GUILTY . Aged 25.—Recommended to mercy.— Confined One Month.
HENRY LOMAX . I keep a tobacconists-shop in Cumberland-row. On the 22nd of January, I was behind my shop, and heard a noise—I came and followed the prisoner up the Caledonian road—he dropped this box of cigars and ran—I ran and took him—I told him to pick up the cigars, and he did—I brought him back to the shop—these are my cigars—I had seen them safe in the shop half-an-hour before.
Prisoner. A young man gave them to me. Witness. I saw him go out of the shop.
GUILTY .* Aged 13.— Confined Six Months.
WILLIAM GEORGE DREW . I am a butcher, and carry on business for James Milnes—the prisoner was employed by him—on Sunday, the 24th of January, the prisoner came down, as usual, for his wages, with his bundle in his band—I wanted to send him on an errand—he laid his bundle on the salt beef tub—it appeared large, and while he was gone I opened the bundle, and found these two pieces of beef—they were his master's—he had no business with it—the prisoner said it was his first offence.
Cross-examined by MR. BAILANTINE. Q. Did you have a good character with him? A. Yes—I will take him again.
GUILTY . Aged 20.— Confined Six Days.
ANN ROCK . I am the wife of Herman Rock, and live in Phillip-street, Back church-lane, Whitechapel. About nine o'clock at night, on the 1st of February, I was going along King William-street, holding my dress a little on one side—I felt a pull at my gown—I turned short round and saw the prisoner close at my elbow, and the bottom of my dress was resting on his arm—I put my hand to my pocket, turned on the prisoner, and met him face toface—I had a sovereign, a half-crown, two shillings, and one sixpence before in my pocket, but it was all gone, except the sixpence—I took the prisoner by the collar, and held him till the policeman came—I put my hand in my pocket—the prisoner walked past to a biscuit-shop—I followed him—he turned and went the other way—he had not got three yards from me—there were two of them when I turned round, but his hand was under my dress—I had seen the money safe three minutes before—I said to him, "You have robbed me"—he said, "I know nothing of you or your money"—I said, "How do you know I have lost money."
Cross-examined by MR. PRENDERGAST. Q. you could not tell when it was taken? A. I know it was after I crossed Arthur-street—I
laid hold of my pocket, and was holding my gown on one tide, but I had loosed it for two or three minutes to use my handkerchief—I had not seen the prisoner before I turned round—the other man was by his side—I did not see them speak—he only said once that he had not taken my money—he was struggling to get away from me—he said, "Let go"—he did not struggle very hard—a gentleman said, "Stand still and be searched"—he said, "So I will"—19s. 6d. was found on him—he passed me three or four times after I had lost my money—I walked in the same direction as he did—the other man did not interrupt me.
GEORGE HAH (City police-constable, No. 590.) I was sent for, and found the prisoner in the prosecutrix's hold—I found 19s. 4d. on him, and there were three sovereigns, one half-crown, two shillings, and one penny, given up in Newgate—I thought I had searched him thoroughly—he said he had it given him for the purpose of employing Counsel.
Cross-examined. Q. Did not he the next day give up that money? A. Yes—be took the half-crown out of his mouth, and the rest out of his shirt—he said it was given him at the Mansion-house—a boy called me out of Gracechurch-street to take the prisoner up—I do not know that I was fetched by direction of the prisoner—some persons went with him to the station.
NOT GUILTY .
RICHARD GILES (police-constable A 65.) On the 23rd of January, about half-past twelve o'clock in the morning, I was on duty in King-street, Westminster—I saw Davis standing opposite to Mrs. Mitchell's house—the door was partly open—I thought it was not all right—I watched and saw her admitted into the house, and in about a quarter of an hour or twenty minutes I saw her come out again with Browne—he went a little distance, and then parted from her—I let him get back into the house—I then went to Davis, and found the property stated on her—she had none when she went in—she said to me, "Will you have a cake or a biscuit?"—I said, "No"—she then said, "Will you have a codger?"—I said, "What is that?" and she held up one of these loaves—I said, "You must go with me"—she said, "I am very willing, I have been with a man and he gave me these things"—I took her to the station—the sergeant went with me to Mrs. Mitchell's, and knocked at the door—Browne opened it—he said, "I am the guilty person, I did it, I ought not to have served my mistress so."
Cross-examined by MR. PAYNE. Q. Were they sober? A. They had been drinking a little—Browne went back from the station by desire of his mistress, to finish a job—I did not hear him say he intended to settle with his mistress in the morning.
Cross-examined. Q. Do you know whether Browne had been out to a funeral? A. He had—I went to the watch-house for him, and he came back.
JURY. Q. Do you pay his wages partly in bread? A. Never.
(Browne received a good character.)
BROWNE— GUILTY . Aged 48.—Recommended to mercy.— Confined Six Months.
DAVIS— GUILTY . Aged 23.— Confined One Month.
MARY ROSE . I am the wife of James Rose—we live in Fleet-street, Bethnal-green. On the 20th of January I hung three shifts, a sheet, and a table-cloth in the yard to dry—I saw them safe about half-past five o'clock, and missed them at six—these now produced are them.
Prisoner's Defence. I was coming along Club-row, a boy asked me to carry that bundle, and he would give me 1d.
GUILTY . Aged 15.—Recommended to mercy.— Confined Two Months.
ROBERT GRAVES IBBETT . I live in Fleet-street—I had known the prisoner, and had employed him occasionally. On the 26th of January I received information which induced me to look amongst my telescopes—I missed the one now produced—I had not sold it—I thought it had been in my desk—the prisoner had an opportunity of taking it.
WILLIAM TUCK . I live at Mr. Wood's, a pawnbroker, in St. John's-street-road—I took in this telescope of a person who I believe was the prisoner—I have a duplicate corresponding with the one the officer found on him.
756. GEORGE HENDERSON was again indicted for stealing, on the 20th of January, 1 watch, value 15s.; and 1 watch-guard, value 15s.; the goods of Elizabeth Henderson; and that he had been before convicted of felony.
GUILTY . Aged 21.— Transported for Seven Years.
(There was another indictment against the prisoner.)
757. ANN SIMMS was indicted for stealing, on the 18th of January, 7 halfpence, the monies of Edward Robert Kelly; 1 penny and 3 halfpence, the monies of Henry Lindsey Kelly; and 1 penny and 3 halfpence, the monies of Lucius Kelly.
EDWARD ROBERT KELLY . I live in Lyon's Inn. On the 18th of January 1 thought it necessary to mark some halfpence, which I left in my coat pocket in my brother's hall, in Hunter-street, and they were gone the next morning—these are them.
Cross-examined by MR. PRENDERGAST. Q. You marked them, expecting them to be taken? A. Yes.
HENRY LINDSEY KELLY . I marked some halfpence on the 18th of January, and left them in my coat in the hall when I went to dine with my brother—the prisoner is my brother's cook—these produced are what I marked.
Cross-examined. Q. How much did yon put in? A. One penny and three halfpence—I marked mine in my own machine-room, in Boswell-court—my brother Edward saw me mark them—I made five marks on them with a penknife—I do not go regularly to my brother's, but I went there that day to dinner—we dined for the purpose of having the money put into our coat pockets—my brother Lucius is a student for the bar—I believe he is a special pleader—the prisoner had been in sly brother's service ten or twelve months.
Cross-examined. Q. Where did you. mark them? A. I marked four of them on the King's eye, one on the Britannia's eye, and on the shield.
MATTHEW PEAK . I am a policeman. I saw the prisoner come out of Mr. Kelly's house that night and go to a public-house—she had some beer and gin—she put down on the counter 5 1/2 d.—I took it, and found it all marked but one halfpenny—I went back to Mr. Kelly's and stated I had found some marked money—the prisoner was called up, and these gentlemen were called, who stated that the halfpence had been in their coat pockets in the hall—the prisoner said she had not been in the hall, that all the money she had was in her pocket—she took out some more halfpence and pence—I found some more of it marked.
Cross-examined. Q. Are you quite certain that the halfpence she laid down were not out of your sight? A. Yes—she had been in the public-house once before that day—she went in just at the door and came out—she had not time to bring any coppers from the house—she did not stop a minute—my letter is A No. 29, but I am specially employed at the Post-office, and the prisoner's master is an inspector of letters—I was off duty that night.
GUILTY . Aged 40.— Confined Four Months.
OLD COURT.—Monday, February 7th, 1842.
First Jury, before Mr. Recorder.
758. GEORGE MARTIN was indicted for stealing, on the 19th of January, 1 coat, value 3l.; 1 pair of gloves, value 3d.; and 1 key, value 1s.; the goods of Charles Culling: to which he pleaded GUILTY .- Confined Ten Days.
GUILTY .— Confined Two Months.
ANN MAXTON . I am a widow, and keep a baker's-shop in Spencer-street, Clerkenwell. The prisoner was in my service ten days, to deliver bread and to receive money—I sent him out on Wednesday, the 26th of January, to my customers—he did not return—I sent for him about nine o'clock the same night—he was found at his father's house—he said he had received 1l. 6s. 2d., and had lost the money—I gave him into custody—I went with him to the station—he said he hoped I would not take him up—I have customers named Johnson and Hill—Mr. Johnson owed me 1l. 0s. 4d., and Mr. Hill 3s. 4d.—the prisoner bad bills to deliver to the customers on the Monday previous—those sums were included in the sum of 1l. 6s. 2d.
SARAH MORLEY . I am in the service of Mr. Johnson, of Brunswickterrace, Islington. On Tuesday, the 25th of January, I paid the prisoner 1l. 0s. 4d.—he signed this bill in my presence—(read)—"Mr. Johnson to Ann Maxton, &c, 1l. 0s. 4d. Paid, John Ganny."
ELIZABETH HILL . I am the wife of Richard Hill, of White Conduitterrace, Islington. I paid the prisoner 3s. 4d. on Monday, the 24th of January, on account of his mistress—I have a bill which lie put "paid" to—(read.)
MRS. MAXTON re-examined. The prisoner brought me some money on the Monday and Tuesday—he did not tell me that he had received these sums—he absconded on Wednesday—I did not ask him about them—he ought to have paid me the same day as he got the money—he had no business to retain it.
Prisoners Defence. On Monday I went to Mrs. Hill's; she paid me 3s. 4d.; I did not pay it in; on Tuesday Mr. Johnson paid me 1l. 0s. 4d., and I lost the money on Tuesday; I did not like to tell my mistress; on Wednesday night I sent my brother to her to say I had lost it.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Six Months.
JOHN TILLMAN . I keep a coffee-shop in Tottenham Court-road. On the evening of the 21st of January the prisoner came there, and had a cup of coffee—I saw him take a "Times" newspaper, and put it into his bag—I immediately went and called a policeman—he said I had accused him wrongfully—I went to the station, saw his bag searched there,
and the "Times," the "Sun," and "Bell's Life in London," with two of my knives, found in it—on going home, I missed a "Sun" end "Bell's Life in London," of the same date as those found in the bag—I know the "Times" by marks of ink on it.
Cross-examined by MR. BALLANTINE. Q. Were they the day's papers, or the preceding day's? A. The "Times" was the preceding day's—I can speak positively to the knives—I have lost three or four dozen of knives, as well as newspapers.
Prisoner, I bought the newspapers of a man; the prosecutor was not in the room, and I wish to ask how he could see me take the papers.
Prisoner. The door was shut; I bought the papers, at 2d. each; I solemnly assert they are not his; I do not know the address of the person I bought them of; the knives were pallet knives, which I use, and never were in the prosecutor's possession.
JOHN TILLMAN re-examined. I know the knives, by constantly using them—the prisoner was frequently at my house, more than two dozen times—there is no mark of the knives being used for mixing colour, which there would be if used as he says—one is an odd one, and the other like a set I have.
GUILTY . Aged 41.— Confined Three Months.
Cross-examined by MR. BALLANTINE. Q. Is it worth more than 6d.? A. Yes—it was broken by accident—I am a carman—I charged my son with stealing it—I could not buy a handle to it under 1s.
Cross-examined. Q. You wanted to sell it to somebody else, did not you-?. A. Another boy came up and said he would give me 2d. for it, but she had it first—I had asked a baker at the door if he would buy it—he said would not give 2d. for a dozen of them—I did not tell the prisoner I had my father's leave to sell it, nor that I was sent to sell it—I asked 2d. for it—she said she would only give me 1d.—I did not tell my father till next morning, when he asked me—he said if I did not tell where I sold it I should be punished—I was given into custody.
WILLIAM HUNT I live in Brunswick-place, Clerkenwell. I went to the prisoner's shop, with two marked sixpences, which the officer gave me, to purchase the shovel—I went and asked the prisoner if she had a shovel—she said, "Yes," and asked 10d. for it—I paid her the two marked sixpences.
sixpences, and he brought me this shovel—I afterwards went to the prisoner's—a woman was selling her some bones, which she had not sufficient halfpence to pay for—I saw her hand one of the marked sixpences to a little girl to get changed—she had other money in her hand, and the other sixpence among them—she said, "That is one he gave me for the shovel, and this is the other"—the little boy was present, and said she gave him 1d. for it—she said she gave him 2d.
JURY to WILLIAM HUNT Q. Where was the shovel when you went there? A. It stood outside the door.
NOT GUILTY .
THOMAS CAREY I live at Bogner, Sussex. On the 19th of January I was in York-street, Westminster, and saw the prisoner pull some things from Mr. Lane's door, at the corner of Bell-yard, and run down the court with them—I ran after him, calling, "Stop thief"—he dropped them, slipped down, and I laid hold of him—he said, "I have done nothing"—I said, "You have taken something from the door"—he began struggling with me—a man came up—I got him to hold him, while I took up the trowsers—he got hold of a water-spout, and would not go back, but I got a policeman to secure him.
Prisoner's Defence. I was going through Bell's-yard, to seek for work; a man ran by me, with the trowsers, and shoved them into my hand; I did not know what to make of it; a person called, "Stop thief," and put them down, and I fell down.
GUILTY . Aged 20.— Transported for Ten Years.
(The prisoner had been convicted of felony twice before.)
764. JOHN BROWN was indicted for stealing, on the 15th of January, 1 crown, and 8 shillings, the monies of James William Wells, from the person of Mary Wells; and that he had been before convicted of felony.
MARY WELLS . I am the wife of James William Wells, of Swinton-street, Gray's Inn-lane—he is a sailor. On the 15th of January I went into a pork-shop in Tottenham Court-road—as I stood at the counter I felt a drag at my pocket, turned round, and found my pocket outside my dress—I charged the prisoner, who was behind, with robbing me—he said, "I have not," and called, "Mother"—I said he had no mother, and held him till the policeman came and took him—I had felt my pocket just before I got into the shop—I then had a crown-piece and a quantity of shillings and sixpences—only two shillings and a sixpence were left.
saw the prisoner and some others lurking about the prosecutor's shop—I afterwards saw him go into Tottenham Court-road, in company with others, and at last saw him go into a pork-shop—the men who were with him went into the next shop, which is a shoe-shop—I saw them make two or three attempts to take things—I gave information, and a policeman was called, who I saw take a crown-piece, eight shillings, and some copper from the prisoner's hand which was next to the prosecutrix's pocket—he claimed it as his own, and said there was a crown-piece, half-a-crown, and three shillings—I had seen him and the others go to several shops, and I cautioned the pork-shop keeper directly he entered the shop.
WILLIAM BAYSON (police-constable E 76.) I was called into the porkshop—the prosecutrix was holding the prisoner by the collar, and charged him with robbing her—I found in his hand a crown-piece, eight shillings, two sixpences, and a farthing—he said it was his own—I asked him at the station what money I had taken from him—he said a crown-piece, half-a-crown, and three shillings—there was no half-crown among it—I found some onions, coffee, a screw-driver, 5 1/2 d., and a sixpence on him.
JOHN KNIGHT (City police-constable, No. 365.) I produce a certificate of the prisoner's former conviction, from Mr. Clark's office—(read)—I know the prisoner to be the person—I was present ae his trial. GUILTY . Aged 17.— Transported for Ten Years.
MARY WRIGHT . I am the wife of John Wright, of Buxton-street, Clerkenwell. The prisoner is my brother—he was at our house for a week or two—I went out—when I came in he left the room, and I missed my husband's coat and waistcoat in about an hour—the coat was worth 2l.
GUILTY . Aged 14.— Confined Three Months.
766. ROBERT JACKSON was indicted for stealing, on the 18th of January, 1 coat, value 5s., the goods of Charles Henry Gilbert, his master; and 1 cloak, value 15s., the goods of Henry Thomas Mason, and that he had been before convicted of felony.
CHARLES HENRY GILBERT . I am a surgeon, and live in Raven-row, Spitalfields. The prisoner was my errand-boy for four or five days—on the 18th of January, he asked leave to go out for half an hour—he did not return—I missed a coat worth 5s., and a lady's cloak worth 15s.—I found him in custody afterwards—I had a good character with him—the cloak belonged to the wife of Henry Thomas Mason.
him I took him on suspicion of a felony at Mr. Gilbert's, his employer's house—he said, "I am innocent," but he afterwards said he had committed this robbery, he and another boy named Charles George, and that they pawned the things at Fleming's, in White chapel, for 7s.—I went there, and found them.
JOHN WILLIAM HUNT . I am shopman to Mr. Fleming, of High-street, White chapel. The prisoner came to our shop on the 18th of January, about a quarter-past seven o'clock in the evening—he said he came from his mother, and wanted 14s. on the coat and cloak—I said I could not lend more than 7s.—he said he would go and ask his mother if she would take it—he returned in a quarter of an hour—I said, "You have not been long gone to your mother"—he said, "No, she is waiting outside, she cannot take so little as that, she must have 9s.—I gave him 7s. 6d. on them".
Prisoner, It was about six o'clock, not seven.
(Property produced and sworn to.)
(The prisoner received a good character.)
WILLIAM KENSINGTON (police-constable G 28.) I produce the certificate of the prisoner's former conviction, which I got from Mr. Clark's office—I was a witness at the trial (read) the prisoner is the person described in the certificate.
GUILTY . Aged 16.— Confined One Year.
JOSEPH FISHER . I live with my father, Joseph Fisher, in John's-row, St. Luke's. The prisoner came to me to hire a truck—he said, "How much an hour is your truck?" that he wanted it to fetch three boxes from Fresh-wharf to the City-road—I called my wife, and agreed to let him have one—I opened the gate to draw it out, and he asked me the way to Finsbury-square—he went away with it—he did not bring it back—I found it at the station.
Prisoner. I hired it a little after nine o'clock, and was going home with it about half-past three, when I met a person who brought me here. Witness. He hired it about nine o'clock in the morning, and said he should want it about three hours.
ARTHUR WEBB . I live at No. 26, White cross-place, Wilson-street, Fins bury. Between three and four o'clock on Tuesday, the 18th of January, the prisoner brought a truck to my stable—I met him coming to the stable, and found the truck there—I was sent for to come and look at it—I had bought a truck of him before—I said, "Well, master, you have another truck for sale?"—he said, "Yes, I want 12s. for it"—I said, "I suppose you are aware of the difficulty I had with the truck I bought before of you," which has been owned, that I had given it up, and forfeited all the money, I should take him to the person who had got the truck—he said he had no objection to go with me, but wished to go over to the Borough to his friends, but I took him to the station.
HENRY TURPIN (police-constable G 114.) The prisoner was given into my custody at the Featherstone-street station—he told me the truck was given him by his brother-in-law to sell—I found it at Webb's stables-Fisher had claimed it—there was only one truck produced.
Prisoner's Defence. I had an offer made me if I got a truck, to take some articles to the City-road, for a person who came from Dover, to fetch
things from Fresh wharf; I went there, and got three boxes, and waited till half-past twelve o'clock, he came and took the truck from me in the City-road, and put his boxes on an omnibus to go to the Great Western Railway; I went and got same coke; about half-past three, as I was going along with the truck, I met this person, who my brother-in-law had told me had a truck for sale; I spoke to him, but this was not the truck that was to he sold; the first truck he alludes to led to an error. GUILTY . Aged 47.— Confined Nine Months.
WILLIAM JAMES . I live in Liverpool-street, Walworth—I was passing No. 287, Strand, on Wednesday, the 19th of January, and saw the prisoner take three hares with the hooks, off the bar on which they hung—he walked across the Strand and down Norfolk-street—I went and inquired at the shop of Mr. Tucker—he sent his man out with me, and we took the prisoner at a public-house near there, with the hares lying by his side.
Cross-examined by MR. PHILLIPS Q. They were hanging outside? A. Yes, with a quantity of articles.
GUILTY . Aged 32.— Confined Four Months.
JAMES BOSS . I came to London to seek a situation—I slept at the Grey Eagle public-house, Spitalfields, and afterwards at a coffee-shop, in Church-street, Bethnal-green—the prisoner slept with me there—I missed my waistcoat from under my pillow—I had a purse in the pocket overnight, and missed a sovereign from it, which was safe when I went to bed—the prisoner was gone then—I went down and told the landlady I had been robbed of a sovereign—I went to the prisoner—he said, "I know nothing about it, search me"—I got a policeman, who searched him, and found it in his stocking—he then fell down, cried, and said, "Pray forgive me."
GEORGE TEAKLE (police-constable H 8.)I took the prisoner into custody—he was waiter at the coffee-shop, in Church-street, Bethnal-green, where the prosecutor slept—he said he had no sovereign, I might search him, he knew nothing about it—be held up his arms, and requested me to search him, but on taking off his right boot, I observed him keep his foot down—I made him take his stocking off, and there found a sovereign and a sixpence—he immediately burst out crying, and said he would never do it any more.
(The prisoner received a good character.) GUILTY . Aged 14.—Recommended to mercy.— Confined Two Mouths.
JONES pleaded GUILTY . Aged 11.— Transported for Seven Years. —Parkhurst.
JOHN PALMER . I am in service, at No. 35, Exmouth-street—I was in my master's shop, opposite Mr. Gunstone's shop, and saw the prisoners running away from the shop with the bacon—I saw Jones take two pieces of bacon—Breen took one piece—they both ran away—I followed them—my master caught Breen, who dropped his in the road—I caught Jones—they were brought back to the shop.
Breen. This boy asked if I wanted a piece of bacon, and I said "Yes." Witness. I saw them both together—I did not see them take the bacon off the board—I saw them run away with it.
STEPHEN GRANT . I am in the service of William Gunstone, a cheesemonger, in Exmouth-street. These three pieces of bacon are his, and were safe on the stall-board a few minutes before this happened—I missed them about twelve o'clock—I saw Breen taken into custody by Henry Nash, the last witnesses' master—he had this piece of bacon in his hand—Jones was brought in with two pieces by Palmer.
BREEN— GUILTY .* Aged 14.— Transported for Seven Years. —Parkhurst..
JAMES LEWIS ASHMAN (police-constable F 119.) On the 24th of January I saw the prisoner and another come from Mr. Luckie's door in Woodstock-street—I saw the other, hand this bundle to the prisoner—they went in different directions—I followed the other one to the New-road, and there the prisoner met him again—I followed them some distance, and then laid hold of the prisoner's arm, and while I was examining the bundle, the other ran away—I found 9 1/2 lbs. weight of sperm candleends in the bag—I asked where he got it—he said if I would come back by the workhouse, he would show me—I said he did not come from the workhouse—he then said the other one gave it to him.
MARY LUCKIE . I am the wife of John Luckie, who keeps a bottleshop in Little Woodstock-street. This bag of candle-ends are his property—there was 9 1/2 lbs. weight of them—I had left them in a bag on the counter while I went up stairs.
Prisoner's Defence. As I was going along Woodstock-street, the bag was given into my hand; we walked together a little way, and the police-man stopped me, and asked what I had got; I did not know they were stolen; I told him they were pieces of wax-candle; the one that gave them me ran away, and when I came round the street I met him again.
(The prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy.— Confined Three Months.
CHARLES HEWITT . I am in the service of George Albert Chapman, of Great Russell-street, Bloomsbury. On the 29th of January, about seven o'clock in the evening, I saw the prisoner take the gloves produced
through a small hole in the window, and in turning round to run away, I seized him, and took them from his hand—the hole had been made that evening—I had noticed it half-an-hour before, and some property was taken out then—he begged to be forgiven.
GUILTY . Aged 12.— Confined One Month.
HENRY SKELTON I am a carman in the service of George Herring and two others, of Walbrook. On the evening of the 2nd of February, I was coming along King William-street with a cart-load of paper—I saw the prisoner on the back of the cart—he had a ream of paper in his hand—he had removed the whole of the ream from its place in the cart—I went up to him, and he dropped it into the cart again—I laid hold of him, and stopped my horse—a policeman came up—I gave him in charge—while the policeman was taking down the name on the cart, the prisoner asked me not to be hard with him.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Six Months.
CHARLES HAWKER (police-sergeant D 9.) On Monday afternoon, the 31st of January, I was in Crawford-street, and saw the prisoner and another boy—the prisoner had something under his jacket—I stopped him, and asked what he had got there—the other then ran away—I opened the prisoner's jacket—he said he bad got a pair of trowsers he had been to get out of pawn for his mother—I asked him at what pawnbroker's—he then said he had not been to get them from pawn, but the boy who ran away gave them to him in the Edge ware-road—I took him to the station.
WILLIAM HENRY MILLS . I am a pawnbroker, in partnership with James Mills, at No. 103, Edge ware-road. I missed a pair of trowsers from our door-way, between half-past three and half-past four o'clock in the afternoon—these produced are them.
GUILTY . Aged 16.— Confined Six Months.
Prisoner. It was found on a window-ledge; he came over, caught hold of me, and said I took it. Witness. I missed it at nine o'clock in the morning—I hung it there at half-past eight o'clock—the fellow-one was taken as well.
at my shop-door, and saw the prisoner passing Westall's shop-door—he took a boot down with his left-hand—it hung outside—he walked six or seven yards with it, and then put it down outside a parlour-window in White Lion-street—I do not know whether he saw me—he came on about six yards, and I seized him—I said, "Where is that boot, what did you take it for?"—he said, "What boot, I see no boot?"—I said, "The boot you rut down there?"—I took him back to the shop.
Prisoner. I am as innocent as any body; I no more touched it than I am touching it now; it was a boy who was in my sight. Witness. There were about a dozen more boys about, all in a gang—I am certain it was the prisoner took it.
GUILTY . Aged 14.— Confined Ten Days.
JAMES TAYLOR . I am warehouseman to John Wells, a pawnbroker, in Hampstead-road. On the 1st of February I went inside the shop to show a woman a gown—I came out again to look after the things outside, and saw the prisoner looking at the boots—I went in again, and missed two pairs of boots afterwards—I ran after her, and asked her if she had any boots—she said, "No"—I brought her back to the shop, looked into her apron, and found one pair belonging to my employer, and two pain of children's new boots—she said she bought the three pairs lower down, at a pawnbroker's, but I found another pair at her feet, in the shop—they were not on the ground when I first took her into the shop—they are my master's property.
THOMAS WALLIS . I am a policeman. I went to Wells's shop and took the prisoner—I received eighty-one duplicates when she was searched—she said she bought three pairs of boots at a pawnbroker's at the corner of Tottenham-court-road, but one pair she knew nothing about—one of the three pairs was claimed by Wells.
(The prisoner, who was stated to be in the greatest distress, received an excellent character.)
GUILTY . Aged 44.—Strongly recommended to mercy.— Confined Fourteen Days.
HARRIETT DRAKEFORD . I am the wife of William Drakeford, of No. 4, Wyndham-street, Marylebone. On the afternoon of the 1st of February, between four o'clock and half-past, the prisoner came to the house and brought a piece of paper, with "Send me 5s. by boy or bearer, "William Drakeford," written on it—I wrapped two half-crowns up in the same paper and delivered it to him—he said he had been taken on to work that day, and the other boy had been discharged because he was saucy—I had received notes on former occasions from my husband for money for his own use—believing he was the bearer of that message, as he told me he had come from him, I gave it him.
Prisoner. I should not have done it if the boy had not told me it was all right, if I would go and get it—that he worked at the building, and Mr.
Drakeford was the foreman; that he had left the employ because he was saucy; he told me to write the note; it was not my wish. I wrote what he told me, and he forged Drake ford's name; he received half the money; he said, "If you get a sovereign to get change, keep the sovereign and run away with it." I told him I thought that was very wrong.
WILLIAM DRAKEFORD . I am foreman to Mr. Allcock, a builder, in Well beck-street. I know the prisoner, by seeing him with a boy named Dodson, who I had discharged, but I did not take the prisoner to work—I did not send him with any paper to get money—when he was taken up he begged forgiveness—he said Dodson told him he had been before for money, and it would be all right, he would be sure to get it—I had sent other people for money, but not Dodson.
GUILTY .— Confined Three Months.
778. ANN MARIA EDSON was indicted for stealing, on the 27th of January, 1 gown, value 1l.; 1 boa, value 15s.; 1 pair of stockings, value 6d.; 1 handkerchief, value 1s.; 1 brooch, value 6d.; and 1 sixpence; the property of George Davidson: 1 gown, value 1l.; 1 bonnet, value 6s.; 1 shawl, value 5s.; 1 sheet, value 1s. 6d.; 3 yards of printed cotton, value 9d.; 1 pair of bracelets, value 5s.; 1 pair of gloves, value 1s.; and 1 handkerchief, value 6d.; the goods of Maria Crick; and that the had been before convicted of felony.
ELIZA DAVIDSON . I am the wife of George Davidson, of Paul-street, Portman-market—we have lived in the prisoner's mother's house about nine months. One evening, as I was going home, she came out to me in the street, and said she had been to her mother's, and she would not take her in—she said she had been in prison—my sister and me took her in for the night—next morning we went out, leaving her in the room till we came home to dinner at one o'clock—I then found the room door open, and she was gone—we had locked her inside—she had slept and breakfasted with us—I missed a black dress, a handkerchief, brooch, and a pair of stockings—I found an old bonnet, handkerchief, and stockings, which belonged to her, left behind—I gave information to the policeman.
Prisoner. My mother turned me out of doors. I did not know what to do. I was almost driven mad.
HENRY BILLING (police-constable A 137.) I received information of the robbery, and a description of the articles lost—I afterwards saw the prisoner at the bar of the Yorkshire Stingo—I asked her name—she said, "Miss Edson"—I told her I took her in charge, and asked whether the gown she had on was her own, and at the station she said she was very sorry for what she had done—I fetched the prosecutrix—I charged her with having Mrs. Davidson's gown on—she had her gown, boa, stockings, bonnet, and cap on.
ELIZA SPREADBORO . I am the wife of Isaac Spreadboro, and live at the police-station, Harcourt-street. I searched the prisoner there, and found a black dress and shawl on her, a handkerchief, pair of stockings,
a brooch, a bonnet, some duplicates, a pair of gloves, and 4s. 2 1/2 d.—she said she did it because she had no home, that her mother would not let her in, and she did it on purpose to get back to prison again.
EDWIN ALDERMAN . I am shopman to Mr. Hull, a pawnbroker, in High-street, Marylebone. I produce a shawl and piece of cotton pawned on the 27th of January, I believe by the prisoner, but I have no recollection of her except by the height of the person—one of these duplicates produced is the one I gave.
(Property produced and sworn to.)
Prisoner's Defence. I am very sorry for it. I did it on purpose to get into prison again. I wished to retrieve my character. My father and mother would not let me in. I had rather be transported.
GEORGE ROGERS (police constable D 1.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—I was present at the trial—the prisoner is the person mentioned in the certificate—read.
GUILTY . Aged 17.— Confined Twelve Months.
GEORGE KEMP (police-constable N 82.) About three o'clock on the 3rd of February, the day of the opening of Parliament, as the Queen was returning from the House, I saw the prisoners trying several gentlemen's pockets—I followed them as far as St. James's Palace—I then saw Farrell take this handkerchief from a gentleman's pocket—he was in the act of passing it to Shelton, when he was seized by another constable, who is not here—he directly dropped the handkerchief at Shelton's feet, who was standing by at the time, ready to receive it—I had seen them both attempt pockets before, and both talking together—I laid hold of Shelton, who picked the handkerchief up—Shelton exclaimed at the time, "I did not take the handkerchief, the other one took it and dropped it." Farrell. I am innocent of taking the handkerchief. Witness. I saw him take it.
Farrell. A young man that passed me must have taken it; it was not me. I held up my hands and was looking at the Queen, just as she was coming by.
Shelton. I never saw this young man before—they laid hold of me, and said I was along with him—I saw the handkerchief lying by his side—he came up to me as I was going along, and said, "Have you come to see the Queen?" and I said, "Yes"—I never tried a man's pocket or anything of the kind in my life.
HENRY JOHN HEDGER . I live in Red cross-street—I was in St. James's Park about three o'clock, holding a little boy up in the crowd—I saw my handkerchief on the ground, and saw it picked up by Kemp—this now produced is it—it is mine.
They had been together about half-an-hour
before—I had seen them try about a dozen handkerchiefs before that, both of them.
Farrell. It is false.
FARRELL- GUILTY . Aged 18.
SHELTON- GUILTY . Aged 18. Confined Six Months.
STEPHEN STEPHENS . I am a butcher, and live in Bedfordshire. On the 3rd of February I was in the crowd in St. James's-park, near Buckingham Palace—I felt my left hand pocket touched—I turned round and saw the prisoner dose to me—I saw Coglan take my handkerchief from the prisoner—this is it—(looking at it)—Clay, the officer, took the prisoner into custody.
MICHAEL COGLAN . I am a shoemaker, and live at No. 14, Fleur-delis-court, Fetter-lane—I saw the prisoner in the Park in company with two more—I saw the prisoner go up to Mr. Stephens, and take his handkerchief out—I seized him, and took the handkerchief out of his hand—I gave him in charge with the handkerchief. Prisoner. I did not take it. Witness, I saw him.
WILLIAM CLAY (police-constable K 278.) I received the handkerchief from Coglan, and took the prisoner into custody—I was behind him, and saw him put his right hand into Mr. Stephens's left hand pocket, and take the handkerchief out—I seized him by his left hand, and Coglan by his right, and handed the handkerchief to me—we had both been watching him some few minutes—the other two that got away told him something and as soon as they said it, he directly put his hand into the prosecutor's pocket, and drew the handkerchief out. Prisoner. I had the handkerchief in my hand.
GUILTY . Aged 19.— Confined Six Months.
781. JAMES THOMAS HUNTER was indicted for stealing, on the 2nd of February, 1 coat, value 2l. 10s., the goods of Ernest Bruce, Esq., commonly called Lord Ernest Bruce.—2nd COUNT, stating it to be the goods of Ernest Augustus Charles Bruce, Esq., commonly called Lord Ernest Augustus Charles Bruce.—3rd COUNT, stating it to be the goods of William Stephens.
WILLIAM STEPHENS . I am coachman to Lord Ernest Bruce—that is the only name I know him by—I never heard him called by any other—he is commonly called Lord Ernest Bruce—this coat is his property—I had it on the box of the carriage in the coach-house, in Market-street, May-fair—I backed the carriage into the coach-house, then took the horses from the carriage, and took them one at a time into the stable—I put to the door of the coach-house, and put the bar up—I returned from the stable to the coach-house in less than a minute, and saw one of the doors open, and the coat gone—the door could be opened from the outside—it was not fastened, but merely shut to.
Cross-examined by MR. PAYNE. Q. About what time was this? A. At night, within a few minutes of one o'clock—when I got to the door of his lordship's house, the footman told me it was twenty minutes to one—we had come from the Duke of Wellington's—the carriage came up Down-street,
along Hertford-street, into Curzon-street—it was not in nor near Davis-street—Davis-street leads out of Berkeley-square into Oxford-street, and is a quarter of a mile from Hertford-street—I am quite sure I saw the coat on the box when I took the horses in, and closed the doors, for I had not put the lamps out—I had just pulled it off—I came from the Duke of Wellington's in it—I never heard that his lordship had any other name than Ernest—he never told me that he had—he is the son of the Marquis of Aylesbury—the carriage had not been in Berkeley-square.
JESSE JEAPES (police-constable C 146.) I met the prisoner in Davis-street, Berkeley-square, precisely at one o'clock in the morning of the 2nd of February, with this great coat in his possession—I stopped him, and asked where he got it from—he said he picked it up in Berkeley-square—I took it from him, and have produced it.
Cross-examined. Q. How was he carrying it? A. Over his shoulder—I had suspicion, knowing there was a party at the Duke of Wellington's, or I should not have stopped him—I should have suspected you if I had met you with the coat over your shoulder—I never knew him before—he did not attempt to run away—he walked with me to the stations—he was walking along steadily when I met him.
MR. PAYNE called
ABRAHAM CAPELAND . I am a builder and undertaker, and live at No. 11, Elizabeth-street South, Eaton-square, Pimlico. I have known the prisoner five or six years—he had property in Class-lane—he removed to a shop in Ebury-street—I knew his wife on one occasion—I have every reason to believe she is dead—he told me last Tuesday evening that she died about three weeks ago in Oxford shire—I had been with him that evening to the Belgrade hotel parlour, and we had some brandy and water—he left me in the parlour about half-past eight or nine o'clock—I did not see him afterwards—he has always borne an honest character—I never heard any one say any thing disrespectful of him.
COURT. Q. How was he getting his living when this occurred? A. He has been a coal-merchant and a painter—I cannot say what he was doing at the time this happened, for he was in the country for three weeks before with his wife—I saw him the evening he returned, at No. 1, Ebury-street, next door to the Belgrade hotel—he had an apartment there.
MR. PAYNE. Q. HOW long have you carried on the business of a builder and undertaker? A. Nine years.
RICHARD STORE . I live at No. 3, Westmoreland-street, St. Marylebone. I have known the prisoner six or seven years—he went into Oxford shire to bury his wife—he wrote me a letter to meet him at the Great Western Railway, which I did last Tuesday morning at twenty minutes to two o'clock—I went with him into Mr. Going's, his landlord's, No. 2, Upper Ebury-street, next door to the Belgrade hotel, we stopped there a short time, I came away about six o'clock in the evening with the keys of his apartment in my pocket—he left them with me when he went into the country—I had been lodging with him in Ebury-street—I now live in Westmoreland-street with my father, who is a cow-keeper—I left Ebury-street with the keys in my pocket—I had forgotten to return them to him—he did not ask me for them—one was the key of his apartment—he has borne a most excellent character.
COURT. Q. Did you return him the keys that night? A. I had no opportunity—I have got them in my possession now.
MR. PAYNE. Q. To go from Ebury-street to where you reside, would you go through Davis-street, Berkeley-square? A. Yes—I have often gone that way.
GEORGE GORING . I am a cheese monger, and live at No. 2, Ebury-street, Pimlico. I have known the prisoner about three months—he took an apartment at my house—the witness Store came and staid with him some time while his wife was gone to Oxford—I remember his coming home on the Tuesday with Store—I allowed them to come into my parlour, knowing the prisoner had borne an excellent character for a long period—and while he was away for the three weeks, many persons came after him to employ him—it was Tuesday, the 1st of February, I believe, that he came home—he did not go into his own apartment that day, because he had not get the key—he did not come to my place till five or six o'clock in the evening—he complained very much of the want of his keys, but he was very much fatigued—that was in the forepart of the evening—he went out again for about two hours, and returned about nine o'clock, and asked if Mr. Store had been—I said, "No"—I did not know Mr. Store had the keys till he told me—he stopped with me I should say till eleven o'clock or half-past, and then he went to sleep with a neighbour, as I understood from him, as he could not get into his own apartment—he appeared much cut up about the death of His wife—he waited at home for some time in expectation of Store's coming with the key, and when he found he did not come he went out.
COURT. Q. HOW long did Store stay at your house? A. About an hour, I should say—he left about six o'clock.
NOT GUILTY .
NEW COURT.—Monday, February 7th, 1842.
Fifth Jury, before Mr. Common Sergeant.
782. SAMUEL BYFIELD was indicted for stealing, on the 17th of January, 1 shilling; also, on the 10th of January, 1 shilling and 1 sixpence;—also, on the 27th of December, 1 3/4 yards of canvass, the goods of William Harry Woodall, his master; to which indictments he pleaded
GUILTY .— Confined Six Months.
GUILTY .— Confined Three Months.
784. WILLIAM WARNER was indicted for stealing, on the 23rd of December, 1 sheet, value 8s., the goods of William Spratt:—also, on the 29th of January, 1 sheet, value 2s.; and 1 towel, value 3d.; the goods of George Butcher:—on the 18th of December, 1 pillow-case, value 1s.; 1 sheet, value 5s.; 1 bed curtain, value 3s.; 1 napkin, value 3d.; and 1 looking-glass and frame, value 2s.; the goods of James Todd: also, on the 27th of January, 1 sheet, value 4s., the goods of Thomas Inglis: to all of which he pleaded
GUILTY .— Transported for Seven Years.
785. JOHN GOFF was indicted for stealing, on the 30th of January, 22 cigars, value 3s.; and 2ozs. weight of tobacco, value 6d.; the goods of Bernard Sigrist, his master; to which he pleaded GUILTY .— Confined Six Months.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
EMMA NORMAN . I am in the service of Mr. Dodsworth, office-keeper of the Colonial-office, Downing-street. Between seven and eight o'clock in the evening, on the 27th of December, I heard a ring at the bell—I answered it—the prisoner stood at the door of No. 14—I asked him to come to the door of No. 13, which I had opened—he had a box with a rush mat over it—he told me he had brought it from Mr. Stewart M'Kenzie for Lord Stanley, and there was 3l. 5s. 4s. to pay—he had a paper in his hand at the time—he read it as he came in—the direction was on it—he read the direction—the office-keeper was not at home—he asked for a pen, and said something about seventy-two bottles of wine, but I took no farther notice of it—he asked for a pen to write a receipt—I went down, and told my fellow-servant—the prisoner was in the hall—he said the box contained a chandelier—I told him to put it on the ground—he said it had better go on the chair—he put it on the chair—he said he had brought it from the Docks—I told my fellow-servant what had passed, and she went up stairs—I did not see the prisoner again till New Year's-day, when I saw him opposite the Custom-house, in Thames-street, when I went with the officer—I said I could identify him better with his hat off—he was taken into a room, and his hat taken off—I said I was sure he was the man—he went with me and the officer to the Colonial office, and there he was shown to Maling, the other servant—she looked through the glass door first, and said that was the man—the prisoner said he was at the Ship tap, in Water-lane, from five till half-past eleven o'clock—he said he could bring witnesses to Drove he was eating and drinking with them.
Cross-examined by MR. PAYNE. Q. Had you ever seen the man before? A. I thought I had, but I could not be positive of it—I was quite sure of him when I saw him without his hat—I did not say I thought he was the man because he had got a pilot-coat on—I said the pilot-coat helped me to know him—at Bow-street, the Magistrate said he might have worn a blue pilot-coat himself—I was not doubtful at the station whether he was the person, nor before the Magistrate—I swore positively on the first day, he was remanded till the Wednesday—the first day was Saturday, New Year's day—the man was not many minutes in the hall—he had on a pilot-coat—there was no one with him in the hall at the same time as I was—I am sure that the person who came with the box spoke about Stewart M'Kenzie—he read it off a slip of paper—my master kept the paper—I looked over it as the prisoner read it—I knew the paper again—the prisoner, after I said it was him, did not wish the policeman to go to the Ship tap—I did not take notice of what he said—I did not go with the prisoner from the Custom-house to Downing-street—I believe he volunteered
to go—(paper read)—"By Malta, The Right Hon. J. S. M'Kenzie, Lord High Commissioner of the Ionian Islands, Palace, Corfu."
ELIZABETH MALING . I am servant to Mr. Dodsworth. I remember Norman coming into the kitchen on the 27th of December, and making a communication about a man in the hall—I went up, and found the prisoner there—he was standing at the desk writing something—I spoke to him, and told him Mr. Dodsworth was out, I expected him in a few minutes—I remained with him in the hall for five or ten minutes till Mr. Dodsworth came in—during that time I had an opportunity of seeing his person—I am sure he is the man—when Mr. Dodsworth came in, I in the prisoner's hearing told Mr. Dodsworth what Norman told me—I told him there was a man in the hall who had brought a box from Mr. Stewart M'Kenzie, for Lord Stanley, and it came to 3l. 5s. 4d.—Mr. Dodsworth said he would go down and get the money—he went down, and came back, and said he had not got sufficient change, he would go and get some—he went out—during the whole of that time I and the prisoner were still in the hall—I left him and my master, and went down—before I went down, be wrote on a large piece of paper—he was writing on the back of this bill, "35 cases and 8 bales"—I said, "35 cases?"—he said, "Yes, and there are 72 bottles in each case"—he said they could sot be moved till Lord Stanley sent some one, because the Government seal was on them.
Cross-examined. Q. Did you not express some doubt about him when you saw him before the Magistrate? A. No, I swore to him—I was quite as sure before the Magistrate as I am now—I knew him when I saw him at Downing-street—I did not say I only thought it was him, nor express a doubt at the station—I had never seen him before that day—I did not notice his dress, I noticed his face—I was with him about a quarter of an hour, or twenty minutes—Mr. Dodsworth kept the paper.
THOMAS DODSWORTH . I am office-keeper at the Colonial-office, Downing-street. It is my duty to receive parcels which come—on the evening of Monday, the 27th of December, I saw a man in the hall when I returned—I cannot swear to the person, I believe it was the prisoner—Maling was there—she said, "There is 3l. 5s. 4d. to pay for a box coming for Lord Stanley from Stewart M'Kenzie"—she said it contained a chandelier—that was in the presence of the prisoner—I went down to get the money—I had not got enough—I went to a tradesman and got the remainder, three sovereigns, two half-crowns, and 4d. in coppers—when I paid the money to the prisoner I received this paper—before I paid him the money he handed me this slip of paper, and he also handed this bill to me with the writing on the tide of it—I did not see him write it—he said there were thirty-five cases that were clearing at the customs at Southampton, and they would be up that day, or the day after, for Lord Stanley—he did not say anything to me about eight bales—I took possession of the box, after giving him the money I delivered the box the next morning to Lord Stanley's footman—(read)—"Received of Lord Stanley 3l. 5s. 4d., Henry Lamb."
Cross-examined. Q. Let me know what he said to you about the box? A. A box for Lord Stanley from Mr. Stewart M'Kenzie, and I understood it came from the Custom-house—I am sure I gave him sovereigns—they were not all half-crowns, I am certain of that—I sent these papers to Lord Stanley—he returned them back—I did not mark them.
from Mr. Dodsworth—I took it to Lord Stanley's house in St. James's square—I took it into the dining-room.
GEORGE MILLS . I am butler to Lord Edward Geoffrey Smith Stanley. On the evening of the 29th of December, I opened the box brought by Bleadon, it contained stones and straw—I kept it till it was delivered to the officer.
Cross-examined. Q. How long have you been his lordship's butler? A. Ten years—I lived with him when he was Mr. Stanley, and know his names.
DANIEL MILLER . I am a clerk in the Receiver-general's department at the Custom-house. This receipt (looking at it) is a printed form which is in use in the treasury department at the Custom-house—they are not used for small sums of money—the lowest sure for which they are used is 15l. WILLIAM COOK (police-constable A. 69.) In consequence of information, I accompanied Emma Norman to the Custom-house, in Thames-street, on the 1st of January—I saw the prisoner in the row on the pavement, and Norman saw him too—she said, "That is the man"—she said afterwards that she should rather see him with his hat off—I took him into the Custom-house, he was desired to take his hat off, and she said that was the man—he wanted to know what it was about—I said it was a parcel delivered to Lord Stanley on the 27th of December, and a demand of 3l. 5s. 4d. was made on it—I had the papers in my hand, and showed them to him—he said he knew nothing about them—I said the parcel had been brought to No. 13, Downing-street, for Lord Stanley—he said he was not the man, he was at the Ship public-house tap, in Water-lane, playing at cards, from five o'clock till twelve, and he could bring the landlord and other persons to prove that be was there, and he had not been to the Colonial-office—I took him to the Colonial-office, and there the other servant said he was the man—the prisoner denied it—he denied having been there, or knowing where the Colonial-office was—he said he had never been there in his life, and did not know where it was—at Bow-street, he told the Magistrate he could bring the landlord and other witnesses to prove he was at the Ship from five till twelve—the Magistrate gave him from then till Wednesday to bring witnesses—he called for a number of witnesses, but no one appeared, and he was committed—when I took him I found three of these commercial steam-packet bills at his house, the same as the one he left at the Colonial-office, with "L S" on it.
Cross-examined. Q. These are common papers to state the time the vessels sail, and are given to the public? A. I believe they are—the Ship tap is near the Custom-house—the prisoner said, "Go with me to the Ship, and the landlord will tell you the same that I told you"—I did not go—I asked him to go with me to Downing-street—I told him to consider himself not in custody—he said he would go, but he wanted to know who would pay him—I said there was not a doubt but the gentleman would pay him—if he had not gone I should have taken him into custody—I took him to Downing-street, and Mr. Dodsworth could not swear to him, but said he believed he was the man—he then wanted to go to the Ship, but I did not take him—the inspector asked where he lived, and he said in the front-parlour at No. 6, Rose-court—the inspector wrote it down on a paper, and gave it me—I went and found the prisoner's wife and family there—I found these papers in a chest of drawers, not locked—I believe there were bills of other steam companies there.
with Mrs. Stewart M'Kenzie—on the 27th of December, about twenty minutes past seven o'clock, the prisoner came to Lady Hope's with a box—I do not know whether it was packed up in matting or not—he said he brought it from the Adelaide Hotel, London-bridge—he said it contained a handsome chandelier for the Honourable Mrs. Stewart, a friend of Lady Hope—I said it could not be there, but that her ladyship took parcels for the Honourable Mrs. Stewart M'Kenzie—the prisoner then said, "That is the name"—Lady Hope was at home—the prisoner went just inside the dining-room door, and spoke to her—he said the chandelier was made at Over—a gentleman who was dining there said, "Is it in the City?"—the prisoner said, No"—the gentleman then said, "Is it Havre?"—he said, "Yes"—Lady Hope said he might leave the box, and she would write to Lady Stewart M'Kenzie, and if it was right he might have the 3l. 5s. 4d. for the carriage—he said he could not leave the box—he was going, when the gentleman said, "If you go to Lord Stanley's, the Colonial-office, you will there find the proper address of the Honourable Stewart M'Kenzie"—Lady Hope then called him back, and said, "Stop, I can give you the address of the Honourable Mrs. M'Kenzie myself," and her ladyship wrote the direction which has been produced—I saw her write it and give it to him—I have not the least doubt that he is the person.
Cross-examined. Q. You were not before the Magistrate? A. I was not—I had never seen the prisoner before that night—be was there five or six minutes—there is no light in the front-hall—there are two lamps in the dining-room, and the prisoner was just inside the door—there were Lady Hope and another lady and two gentlemen there at dinner—the prisoner was dressed nearly the same as he is now; he had a pilot-coat on, buttoned, but not all the way up.
WILLIAM RIVETT I keep the Ship tap, in Water-lane. I was at borne on boxing-day, the 27th of December—I have no recollection of seeing the prisoner there that night from five till twelve o'clock—I knew him before, and if he had been there so long a time that night playing at cards and drinking, I should have known it.
Cross-examined. Q. Will you swear he was not there between seven and nine o'clock? A. I will not—I remember a 6d. being given to my potboy, but I do not know what night it was—I will not swear it was not that night—I will not swear the prisoner was not there at ail that night—I recollect he gave the boy a Christmas-box—he put it in the box—I do not know what day it was—I will not swear it was not that day.
MR. CLARKSON. Q. Was this man in your house? A. I do not recollect—I did not state he was not there.
JOSEPH BURKS . I am in the habit of frequenting the Ship tap in Water-lane—I was there on the 27th of December, from half-past four till twelve o'clock—I know the prisoner perfectly well—he was not there during those hours.
Cross-examined. Q. Do you mean to swear he was not there at all that evening? A. He was not—I was there the whole evening—I had my dinner there about four o'clock, and staid there doing nothing till near twelve—I am an interpreter—I was sitting there with friends—there were several passed in and out—I was at the tap—a person named Thompson was there, and Lockwood, Cook, and James Page.
Q. Will you swear that Lockwood did not come in and have a glass of ale that the prisoner paid for? A. I will not swear that, nor that James Page did not have two half-pints of beer that the prisoner paid for, nor that
Thompson did not have ale that the prisoner paid for—I have frequently seen the prisoner at that house, and on several nights before and after that night.
Q. How can you swear he was not there that particular night? A. I am certain of it, because on that particular day there came a Frenchman to me at the Custom-house, who had lost a case in a cab—I recollect the whole day by that—the Frenchman came to me about three o'clock in the afternoon—I was not hunting about with him in the evening—I do not remember the prisoner giving a 6d. to the pot-boy as a Christmas-box that night—I swear it did not take place—I was not drinking all that time—I did not drink gin and water with the prisoner—I drank with several persons, but not with him—I was subpoenaed here by Mr. Humphreys—they found me at the Custom-house—I had not seen the policeman before Mr. Humphreys subpoenaed me—I cannot say whether the prisoner was at the Ship on the following night or not.
MR. CLARKSON. Q. Is it your habit to wait at the Ship tap to give assistance to foreigners who come to the Custom-house? A. Yes.
BENJAMIN BUTCHER . I am stable-man at the Custom-house liverystables—I knew the prisoner by sight. On the 27th of December, I was at the stable—the prisoner came there, and asked my consent to allow him to nail a mat on a box—I gave him my consent and lent him a hammer it was a mat similar to this which is here—it was between five and six o'clock.
Cross-examined. Q. Where was it he did this? A. Close by my door in the open place—all I saw was his nailing a mat on a box—it was inside the gateway—the prisoner did not bring the box nor take it away—the person who did bring it was a perfect stranger to me.
JAMES RICHARD NAYLOR . I attend from the Crown-office—the title of Mr. M'Kenzie is Lord Commissioner of the Ionian Islands—I have an extract from the book—it is a minute or docket-book, in which every patent passing the Great Seal is entered, and it is kept in the Crownoffice.
Cross-examined. Q. Is that considered as correct? A. It has often been proved in the House of Lords—I have not the book here, but I have a copy of it—it is a public document—it is a minute-book—it is not on parchment—I make the minute, and then the patent is made—the book is not always produced—I brought this merely to give evidence, that Mr. Stewart M'Kenzie is the High Commissioner of the Ionian Islands—when a patent passes the Great Seal, a docket is sent to the Chancellor, and a copy of that is entered in the book—I have never taken a copy from that book into a court of justice before—I have often taken the book—I call it a public record, because it belongs to the Crown-office, and is there for public inspection, on payment of a fee—when it has been required, the book has been taken.
MR. CLARKSON. Q. While you were here the book may be demanded to be seen? A. Yes—the names which appear here, are "James Alexander Stewart M'Kenzie, High Commissioner of the Ionian Islands."
GUILTY . Aged 26.— Transported for Seven Years.
788. WILLIAM DAY and EDWARD VICKERS were indicted for stealing, on the 27th of January, 1 table, value 10s., and 1 wash-handstand, value 10s., the goods of Ann Roberts; and that Day had been before convicted of felony.
CADWALLADER ROBERTS . I live in Winkworth-buildings, City-road, and am a carpenter. On the 27th of January, on going into my shed, I missed a table and wasbhand-stand—I went to Charles-square, and saw the two prisoners together—I took Vickers, who had the stand, and Hill caught Day, who had the table—a policeman came up and took them—these are the articles—they are my mother's, Ann Roberts.
Cross-examined by MR. HORRY. Q. HOW far is it from your place to where you caught them? A. About a quarter of a mile—these things were in our shed, which opens to the road—they could not be seen from the road—the prisoners said at Worship-street that a man was going to give them something for carrying them—I had not seen them about our premises.
Cross-examined. Q. How were they carrying them 1 A. On their shoulders.
Day's Defence. A man, whom I presumed belonged to the premises, was standing at the end of the gateway, with a white flannel jacket and a white apron; he said, "Have you a mind to earn sixpence?" I said, "Yes, and shall be glad of it." This other prisoner was passing at the time; I said to him, "Have you a mind to carry one?" He said yes; the man then put one on his shoulder, and one on mine; we walked on; the man was ahead of us; the prosecutor came and stopped me. I said, "Here is the man who employed us."
MR. ROBERTS. He did not tell me any thing of the kind.
(William Jackson, a whitesmith, in White's-alley, Moorgate-street, gave Vickers a good character, and engaged to employ him.)
DAY— GUILTY . Aged 44.—Recommended to mercy.— Confined Six Months.
VICKERS— GUILTY . Aged 28.— Confined Eight Days.
GUILTY . Aged 40.— Confined Four Months.
JOHN DURAND . I am in the service of Sarah Ann Wilson and Charlotte Selina Wilson; they keep a shop in Clerkenwell. On the 21st of January the prisoner came to the shop—he said he wished to see some silk handkerchiefs—I showed him three or four, and I saw his left hand pressing something into his pocket—I asked if any of those handkerchiefs would suit him—he said "No"—I brought him some more—he said none of them would do, he wanted black and white stripes, at about 4s., 6d., or 5s. 6d.—I told him we had not the exact pattern he wanted—he said, "Show me some others," which I did—I again saw him putting his hand
to his pocket—I asked if he would fix on any one—he said "Yes," and fixed on one at 3s. 10d.—he left 1s. on it, and was about to go—I went by him to the door, and said, "I think you have got some of our handkerchiefs"—he said he had not—I pulled one of these out of his pocket—I put my hand in again, and found these other three.
GUILTY . Aged 19.— Transported for Seven Years.
791. DAVID M'CARTAN and SARAH M'CARTAN were indicted for stealing, on the 1st of January, 20 towels, value 8s. 6d.; 2 snuffertrays, value 1s.; and 1 pair of snuffers, value 6d.; the goods of Isaac Cohen, their master; to which
DAVID M'CARTAN pleaded GUILTY .— Confined Three Months.
MR. PHILLIPS, on behalf of the prosecution, offered no evidence against SARAH M'CARTAN— NOT GUILTY .
WILLIAM MILLARD . I live in Eastcheap, and have one partner. On the 2nd of February I was standing in our counting-house—a lad came in and asked for a situation—as he went out he left the door open—I ran to the door, and saw the lad and the prisoner—they had hold of each end of this bag of sugar—they were holding it up, and had removed it out of the warehouse—I collared the prisoner, brought him in, and gave him into custody—the lad escaped.
Prisoner. I was sent in for the bag, but the boy went away.
MR. MILLARD. The boy that came in had hardly time to go out before I caught them both outside the door, as the boy was going out.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Six Months.
793. JAMES PIERCY was indicted for stealing, on the 24th of January, 1 hat, value 1s.; 1 shirt, value 1s.; 1 pair of trowsers, value 1s.; and 1 pair of drawers, value 1s.; the goods of Jonas Evans, in a vessel in a port of entry and discharge.
JONAS EVANS . I am an apprentice on board the barque Rosaline which is lying in the London Docks. On the 24th of January I came up from dinner about two o'clock—I saw the prisoner on board—he bad a hat on, which I thought was mine—I then went down and searched, and missed my hat, trowsers, shirt and drawers—I went to the gate, and the gate-keeper stopped the prisoner—my things were found on him—these now produced are them.
Prisoner. Q. Do you recollect giving me a pot with some liquor, and asking me to get those things out of the gate for you? A. No.
GUILTY . Aged 33.— Confined Four Months.
794. ROBERT LOGAN was indicted for stealing, on the 23rd of January, 1 pair of trowsers, value 3s.; 5 shirts, value 2s.; 2 jackets, value 3s.; 2 waistcoats, value 1s.; 3 pairs of drawers, value 2s.; 6 stockings, value 1s.; 1 pair of shoes, value 5s.; and 1 comforter, value 21d.; the goods of John Moore, in a vessel in a port of entry and discharge.—2nd COUNT, stating them to be the goods of a person or persons whose names were unknown.
JOHN SUTTON . I am a constable of the East India Docks. I was called on board the Phoebe, about nine o'clock, on the 23rd of January—I saw the prisoner in the act of pulling off a pair, of drawers in the forecastle—he appeared to have just turned out of bed—I saw two persons in the forecastle—I said, "Which of the two is the thief?"—a person there said the prisoner was—I said, "How came you to break the ship open?"—he said he did not break the vessel, he thought it was his own vessel—I asked him what his vessel was—he said "the Sky schooner"—I said, "She is not here, where did you see her?"—he said at Liverpool, and that he walked up on Friday—he said he got on board this vessel just at five, at the time of/closing the gate—I taw a great quantity of things strewed about—a young man said they were the things taken out of the chest.
NOT GUILTY .
WILLIAM CULLEN TURNER . I live at the Union Hotel, Cockspur-street—I was standing in Whitehall, on the 28th of January, at the time the king of Prussia was passing—I felt my pocket at the time the crowd was dispersing, and my handkerchief was gone—I had had it safe not two minutes before—this is my handkerchief—I heard the prisoners were taken—I followed them to the station, and saw my handkerchief.
JOHN HENRY BELL . At half-past two o'clock I was in Whitehall—I saw the two prisoners, they were both pressing upon me, feeling my pockets—I gave way, and they took my place—I drew back, and directly after I saw them press forward—Watkins fumbled at the prosecutor's pockets-Mann turned and looked at me, and then went and covered Watkins—I told the officer—he took them, and the handkerchief was found on Watkins—Mann was the active person—he gave his name Walker at the station.
Watkins's Defence. I saw the handkerchief on the ground, and merely picked it up.
Mann's Defence. I was looking on, but was up to nothing; a man shoved back against me, and the policeman took me.
WATKINS†— GUILTY . Aged 23. MANN† GUILTY . Aged 21.
Confined Six Months.
MEAH JONG , (through an interpreter.) I am a Lascar on board the Fort William, which was in the London Dock. On the 28th of December, I had my wages paid me to the amount of 1l. 3s. 8d.—the prisoner was present, and asked me to let him look at the 1/. 3s. 8d., to see if it was good—he no away with the money—I did not see him again after till he was in custody.
Prisoner. He gave it me td take care of. Witness. No, I did not.
Prisoner's Defence. I was not concealed, the door was open; the prosecutor gave me the money to take care of; I took it on shore, and put it by; some English people must have taken it; I did not take it to steal it; I ran away from the ship on account of the ill-usage of the mate. GUILTY . Aged 26.— Confined Three Months.
JOHN BARBER . I am a shoemaker, living in East-street, Marylebone. At half-past seven o'clock on Saturday night, the 29th of January, I found a wet sheet rolled up in the passage—I went to the wash-house, and missed my tub from there—this is my tub—I had seen it safe at four in the afternoon.
Prisoner. I was in very great distress.
GUILTY . Aged 42.— Confined Nine Months.
JOHN HARMAN . I am in the employ of Alexander Watson. I examined my desk in his mill at Stanwell on the 31st of January, and found there was 160 pence, 320 halfpence, and 20 farthings in it—it was safe at two o'clock—I did not leave till six in the evening—I was there all the time from two till six o'clock—there was an ink-bottle in the desk—I returned about twelve o'clock the same night, and unlocked the mill—I found the books and papers strewed about, the desk broken open, and the money gone—there was, among the rest, a particular penny-piece—this is it—(looking at one)—I had it in my hand at two o'clock that day—I went at one o'clock with the police-sergeant to Woolford's house—the officer
shook the door, and said he wanted young Woolford—they were nearly half-an-hour before they would open the door—when he got in I went and found this penny-piece in the possession of Humphreys—both the prisoners were there—there was some silver, and about 9d. in copper, found there—there was some ink on the money—the bottle of ink in the desk was thrown down, and the penny-pieces were marked with ink, which had been dried on them, when some had been spilt before—I told the officer that he would find a mark of flour on their shoulder, as the place where the persons got in at was a separater, which laid in an inclining state, and the person who got in would probably touch this place with his right shoulder.
Cross-examined by MR. PAYNE. Q. Why his right shoulder? A. Because it was nearest to it—if he got in head foremost he would take it with his right shoulder—some ink had been spilt two months before—the penny-piece has a hole in it—it was found in Humphreys's pocket, amongst ninepence in coppers—there was no mark about Humphreys—it was the house of Woolford's father we went to, and Humphreys is Woolford's brother-in-law.
JOHN JENKINSON (police-sergeant T 26.) I was called about one o'clock to the mill by Mr. Harman—they had broken in at a window—I saw the desk broken open, and some ink spilled in one corner—I went to the prisoner's residence—I found on Humphreys this penny produced, and some marks of ink on Woolford's hands—when. I took them to the station I found the mark of flour on Woolford's shoulder—he would probably mark it in getting in—I could not get into the house for some time—they were in bed, but there was plenty of time for them to get rid of money—there was ink on this penny, and on another penny and one halfpenny, found on Humphreys, but the ink is worn off now.
THOMAS COOK (police-constable T 45.) I saw the prisoners together about nine o'clock that night, going in the direction of the mill—I have compared Woolford's shoes with the marks in the ground, and they correspond exactly.
Cross-examined. Q. The road to the mill is in a direction towards their house, is it not? A. Yes—when I saw them together they were going in a way which would lead them home—the foot-marks were right underneath where they got in—there were other foot-marks there—the marks were in gravel, which was wet—I made the comparison in the morning, about eight o'clock.
COURT. Q. Were there more than the foot-marks of two persons? A. Yes, a great many—I compared Humphrey's shoes with the foot-marks—I am sure there were not the marks of his feet.
HUMPHREYS— GUILTY . Aged 26.— Confined Four Months.
WOOLFORD— GUILTY . Aged 20.— Confined Six Months.
MATTHEW COCKBURN . I keep the White Hart public-house, in High-street, Shadwell. On the 27th of January the prisoner was at my house, about eleven o'clock—I gave her a half-pint pot—she had half-a-pint of porter, and a pennyworth of gin, she then walked out—I sent for a policeman—he stopped her, and took this pot now produced out of her basket—I saw him take it—it is the one I had just served her with.
Prisoner's Defence. I was not aware it was amongst my wood and coals.
GUILTY . Aged 45.—Recommended to mercy.— Confined Six Months. (There were two other indictments against the prisoner.)
MARY ANN CHIVES . I am a widow, and live at Hoxton. On the 21st of January, about ten o'clock, I received information, and missed three legs of pork, which I had seen about three minutes before—the prisoner was brought back, but I have not seen the pork.
WILLIAM ROUSE . I live in Wilks's-court, Hoxton, opposite the prosecutrix. On Friday night, the 21st of January, about half-past nine o'clock, I was at my door, and saw the prisoner, another man, and a young woman, come out of the Ivy public-house—they stopped under a tailor's shop, and it appeared to me as if the prisoner gave the woman something—the other man then went back to the Ivy-house, and the prisoner went across to the prosecutrix's, took down the pork, he went round the corner, and put it down by the coal-shed door—a man then came out of the public-house, with a pipe in his mouth, and he stood before the pork, while another person went by, and then the young woman went across, took it, and carried it off.
Cross-examined by MR. PAYNE. Q. You went into the prosecutrix's to tell of it? A. Yes—when I came out I saw the prisoner and another man—I said the prisoner was the man—the prosecutrix's shop is close to the corner—I am quite sure the prisoner is the person.
GUILTY . Aged 18.— Confined Three Months.
JOHN PHELPS (police-constable D 132.) I stopped the prisoner in Upper Dorset-street, Marylebone, on the 31st of January, with this potunder his arm—I asked what he had got—he said, "You can see," handing me the pot—he was going in a direction from the prosecutor's—I took him to the station, and found on him two new padlocks—he said they were his own, and that he had picked up the pot in the square.
Prisoner's Defence. I meant to take the pot home; I was not a stone's throw from the prosecutor's house.
(The prisoner received a good character.)
GUILTY . Aged 38.— Confined One Month.
MARY BURROWS . I hung a carpet on the rails of my stairs on the 31st of January—the prisoner came home about a quarter before twelve o'clock that night—I showed her a light down stairs, and I then leaned
on the carpet, and next morning I missed it—this now produced is it—the street door was left open.
Prisoner. I was hired to carry it to Mile End-road.
GUILTY . Aged 33.— Confined Three Months.
THOMAS MASTERS . I am foreman to Alexander Abrahams, who lived in Cable-street, Whitechapel. On the night of the 29th of January I saw a band three distinct times, trying to reach down these clogs from the door—I ran out and seized the prisoner, with the clogs in his hand—he had got them from inside the door, and had got the distance of one square of glass from the door.
Prisoner. Q. Did not a man come and knock yon down? A. The man was screening the prisoner while he took the clogs—the prisoner dropped them while I had him by the collar, but he had them in hit hand when I seized him.
Prisoner's Defence. I had a job to carry a box for a lady; I saw a man put his hand round, and take these clogs; he chucked them at my feet; the witness came, collared me, and said he saw them in my hand.
GUILTY .* Aged 13.— Confined Four Months.
804. WILLIAM SKINNER and SARAH TOWNSEND were indicted for stealing, on the 29th of January, 2 pewter-pots, value 5s.; the goods of William Vince : 1 pewter pot, value 2s.; the goods of William Gent : and 1 pewter pot, value 10d.; the goods of Thomas Stebbing .
THOMAS STEBBING . I am a publican—this pot is mine. Skinner. I went down to the East India Dock, the officer stopped me; I asked what he wanted; he said he would tell me; he took me to the station, and there he said I pulled a pint pot out of my pocket, but my pocket would not hold one; he did not find one on me.
JONATHAN COCKERELL re-examined. I saw Townsend take one pot, and she went and took another from my own door—I found this lid of a saucepan in a cupboard in the house in Cable-street, where the prisoners live together.
NOT GUILTY .
the 2nd of February, between three and four o'clock, I was behind the counter, I heard a noise, and missed three handkerchiefs—I ran to the door, and about eight yards off I saw the two prisoners run together—I pursued them, and when I got to the corner of the next street, I saw Cole throw the handkerchiefs from him—I picked them up, pursued, and took Jones—another man took Cole—these are my master's handkerchiefs.
(Cole received a good character.)
JONES— GUILTY . Aged 12.— Confined Three Months, the last week Solitary.
COLE— GUILTY . Aged 9.— Confined Nine Days, and Whipped.
806. EUGENE M'CARTHY and JAMES NICHOLSON were indicted for stealing, on the 29th of January, 42lbs. weight of canvass, value 10s., the goods of Samuel Burchfield; and that Nicholson had been before convicted of felony.
DANIEL SULLIVAN (police-constable K 127.) I produce this canvass—I saw M'Carthy with it on the night of the 29th of January—Nicholson was with him, and he had a basket on his shoulder containing rope, us it appeared to me—I met them both—they parted in a moment, one ran one way, and the other the other—I followed M'Carthy, and brought him back to where he had thrown the bag which contained this canvass off his shoulder—I asked where he got it—he said from his brother—I asked who his brother was—he said, "Nicholson."
M'Carthy's Defence. A man asked me to carry it, and said it came from Mr. Burchfield's.
Nicholson's Defence. I left my work at half-past seven; I went home to wash myself; I then met a man, who asked us to carry this and the rope.
(M'Carthy received a good character.)
M'CARTHY— GUILTY .— Confined Three Months, the last week Solitary.
NICHOLSON— GUILTY .— Transported for Seven Years-Convict Ship.
OLD COURT.—Tuesday, February 8th, 1842.
Fourth Jury, before Mr. Recorder.
NOT GUILTY .
MESSRS. PHILLIPS, BODKIN, and BRETT conducted the Prosecution.
WILLIAM OSBORNE RICH . I hold an appointment in the War-office—I have been in that department thirty-two years—I reside at Sydenham, in Kent. I was an acquaintance of Mr. and Mrs. Snow's, of Portland-place—I have been an old friend of the Snow family many years—I visited Mr. and Mrs. Snow at Portland-place—we were on very intimate terms—my daughters also visited there—in December last I had heard that unpleasant differences had caused a separation between them—on the 18th of December the prisoner came to the War-office—I had never seen him before, to my knowledge—he introduced himself as Baron de Behr—I had never heard that name or title before, to my recollection—be gave me his card with that name printed on it—he said he came to me from Mrs. Snow, as her friend—he supposed I had heard what had happened—I told him I knew nothing, but I was very anxious to hear—he said there was some letters in Portland-place which Mrs. Snow was particularly anxious to have—that he could obtain those letters through the housekeeper, whom he had seen—they were to be obtained through bribing the housekeeper—that she must be bribed by either 300l. or 500l.—I cannot exactly swear which he mentioned—I said I would have nothing to do with the letters—he then said it would be very unkind to her, as she wished particularly to have them, and as she had no money I must assist her—he asked if I could not advance 500l.—I said, "Decidedly no, I had it not"—he then said, "250l.?"—I said I had it not—he then said, "What can you advance?"—I replied, "Perhaps I could find 50l."—(he had said before that he had advanced all he had in Mrs. Snow's service—130l. was mentioned—he said he had advanced 130l. of his own)—I then got five 10l. notes and gave them to him—he then left, saying he would go immediately to the housekeeper—I parted with the five 10l. notes from a belief of what he told me—I took no security or acknowledgment—he did not offer me any—the 18th was on a Saturday—he came to me again on the following Monday, the 20th, at the War-office, and said the house keeper was not satisfied, and must have more—I told him I had not more to spare—he said, "You must find 50l. more to serve your friend"—after some hesitation I gave him 50l. more, two 10l. notes, five 5l. notes, and five sovereigns—he said, striking his breast, "You may trust a nobleman and a man of honour," and that he would procure the letters that day—I saw him again some days after—he called several times—I cannot remember any particular day, and he told me all the letters were safe, that he had procured them—he came to the War-office on the 30th of December, and said again that he had come from Mrs. Snow, that she was distressed for money, and I must advance her some for her own private use—I said he had taken all I had—he then proposed drawing a bill of exchange for 160l.—I told him I did not understand bill transactions, and declined to do it—he eventually persuaded me to accept the bill—he said it would be extremely unkind to Mrs. Snow, who looked to me to assist her—in the belief that that was true I consented to accept the bill—he produced the stamp—he went and fetched the stamp, and the bill was then drawn.
JOSEPH EHN . I am clerk to the solicitor for the prosecution. I served a notice, of which this is a copy, on the prisoner in Newgate, four or five days ago—(the notice being read, was to the defendant and his attorney
to produce five 10l. notes, two other 10l. notes, five 5l. notes, and a bill of exchange for 160l.)
MR. RICH continued. I wrote my name on the bill.
MR. CHARNOCK (for the defendant.) Q. Have not you seen that bill in the possession of a third party since? A. I have—it was not in the prisoner's hand—a stranger to me came with it and asked if it was my signature—I said, "Yes"—this was about the 5th or 6th of January, at the War-office—nobody was present—he did not give me his card or his name—he did not say why he asked me—the prisoner had told me a person would call—he merely asked if it was my signature, and if it would be paid when it became due—he did not say his object was to discount it, that I remember, but that was my impression, as the prisoner had told me his banker would discount it—the gentleman did not mention Cassiday, or any name.
MR. BODKIN. Q. How soon was that after the prisoner told you somebody would come? A. Three or four days—I accepted that bill—it was for 160l., at three months' date, drawn by the prisoner—I accepted it, payable at Drummond's, my banker's, to the order of the drawer.
Q. What induced you to part with the second 50l.? A. His saying the housekeeper was not satisfied with the first 50l.—I accepted, and parted with the bill of exchange because the prisoner told me it was for Mrs. Snow's private use, and she was in great distress, believing her, from his representation, to be in great distress—on the day I accepted the bill lie said, "Make your mind easy, I shall be in the receipt of money at the beginning of January, and I will give you an undertaking to repay you the 160l. "—he gave me an undertaking in writing—he undertook to pay it between the 6th and 10th of January—this is the paper he gave me—(read)—"I hereby acknowledge to have received of Mr. O. Rich, of the War-office, a bill of exchange for the amount of 160l., drawn by myself and accepted by him, which I promise to provide for when it becomes due. The bill is at three months' date from this day. London, December 30, 1841. DE BEHR."
Cross-examined by MR. CHARNOCK. Q. Be kind enough to look at that letter (marked A.) do you know it? A. Yes, it is my handwriting—it was written on the 19th of January last—I dated it the 19th of January, 1841, by mistake, instead of 1842—it was sent to the prisoner—Letter read, "A. Exhibited to me, this 21th day of January, 1842, by the attorney of the prisoner.—T. J. HALL."—" War-office, Wednesday, "January, 1841, four o'clock. Baron,—You used me ill, and so you would "think of me, if I made promises which I did not perform punctually; you "have more than once failed in your engagements, without any satisfactory "reason; you have represented yourself as a nobleman, and a man of "honour; as such I have treated you, and as such, I wish to consider you. "A man of honour I always thought was punctual to his engagements, and "more especially in money matters. You, who can command so many "thousands, cannot have any difficulty in returning me, according to your "promise, the sum of money you obtained from me for your temporary ac-"commodation, which sum is to me a very large one, although a trifling one "to you. You would have heard news to-day, if you had kept your word "of honour as a nobleman, and come here to settle with me, according to "your promise, which you ought to have done on Monday; and failing in "that, you were more bound to fulfil your promise of coming here for that "purpose to-day.—I am, Baron, your obedient servant, W. O. RICH."
"P. S. If you wish all the circumstances to be made public, I have no objection; the public may call me a fool, which perhaps you have thought me, but it will do me justice, and be satisfied I have done nothing in the business at all dishonourable. My son says you have obtained about 16s. from him."
MR. BODKIN. Q. Will you explain under what circumstances you wrote that letter? A. On the 17th of January the prisoner had promised to call and pay me the money—he did not call, but on that day I taw Mr. Kinnerston, Mrs. Snow's father, who made a statement to me, and I told him something—in consequence of the conversation between us I suspected the prisoner—on Wednesday, the 19th, I again saw Mr. Kinnerston, and after seeing him, I wrote that letter.
MR. CHARNOCK. Q. In what department of the War-office are you? A. In the accountant department—I am well acquainted with figures—they require great accuracy—I have been in that department the greater part of the time I have been there, and from time to time have been promoted—I never saw the prisoner before the 18th of December, to my knowledge—I do not know a Mr. Squire, a stock-broker—I never had any dealings or transactions with the prisoner before the 18th of December, not any connected in any manner with the War-office, that I recollect—I had not made arrangements with the prisoner to give him certain information—I have not given him certain information connected with the, War-office, that I recollect—I do not recollect his making any inquiry about the office—he might have done to in conversation, but I have no recollection of what passed, if he did mention the subject—I have never, supplied him with copies of papers out of the War-office—I never met the prisoner at the West-end of the town in company with Mr. Squire—Mrs. Snow is now residing with her father in Arlington-street—I do not know, how long she has resided there—I have not visited her at her father's—I last visited her in March last in Portland-place—I visited Mr. Snow—I have corresponded with Mrs. Snow since then, and Mrs. Snow with me—my letters to her were sent by post—I might occasionally have sent them by private hand, by a servant, or otherwise, I believe I have—my acquaintance with Mrs. Snow commenced after her marriage, which took place about ten years ago—I have not corresponded with her from that time down to the present—I ceased to correspond with her, to the best of my recollection, the beginning of last December—I have not written to her since last December, nor received letters from her, that I recollect—they left town last March or April—I do not know that they are not living together—I have seen Mrs. Snow during my attendance at this Court—they were abroad at the time, and I do not know when the separation took place—I do not know it from Mrs. Snow—I know that she is now separated from her husband, and that they are not living together.
Q. Why did you cease to correspond with Mrs. Snow? A. By her desire—my letters to her were frequent at times—it is quite impossible X can state what number—I have no idea—sometimes they were ten a month, and sometimes not one a month—twenty a month is a good deal more than I can swear to—I cannot swear as to fifteen—I wrote a great many.
Q. Were you ever with Mr. De Behr, at Long's Hotel? A. yes—on Monday the 20th of December, he invited me to dine with him—I did dine with him—I went with him there.
COURT. Q. Was that before or after he got the second 50l.? A. After.
MR. CHARNOCK. Q. What time in the day was the transaction about the second 50l.? A. About twelve o'clock, I think, or between twelve and one—he invited me to dine, and I consented to do so—we had a very good dinner, and plenty of wine—it was not a particularly merry affair—I do not remember any particular conversation that took place.
Q. Why, was not Mrs. Snow the main stay of your conversation? A. Part of the time—we talked chiefly on that subject—I believe the express object of the dinner was to talk about Mrs. Snow.
Q. Did you, or not, on that occasion express great anxiety about the letters you had written to Mrs. Snow? A. I should say not—I expressed anxiety for her—I did not express anxiety about my letters, for I remember saying to the prisoner, "So far as I am concerned, I don't care that for the letters" (snapping his fingers)—the letters were the subject of conversation, so far as to say that—I certainly did not say that I would not for all the world that any of those letters should fall into the hands of Mr. Snow—no one was present at the dinner—the letters described by the prisoner were from me and others.
Q. Were you anxious to get up your own letters and the letters of other persons? A. Only by the prisoner telling me that Mrs. Snow wished for them—I was anxious only from what the prisoner said, that Mrs. Snow was anxious.
Q. Were you not anxious that the letters should not fall into the hands of Mr. Snow? A. Merely from that circumstance—I cannot positively say what time the dinner at Long's broke up, but I believe it was about ten o'clock—it began about seven—I think I saw the prisoner between the 20th and 30th of December, but I cannot say positively—he called on me several times at the office, but I do not remember any particular date—he came over to my house at Sydenham on Sunday, the 2nd of January—he did not come there by invitation, that I swear—I was not apprised of his intended visit—I do not know exactly at what time he came, but it was before I returned home from church—I found him there on my return from church—he dined with me on that occasion—I dined between the morning and evening services, and he partook of my dinner—I have been a widower between fourteen and fifteen years—my family consists of two daughters and a son—the prisoner had introduced himself to them before I came home—I think he left about three o'clock, or between three and four—Mrs. Snow was the subject of our conversation on that occasion—I have no recollection of the next time I saw the prisoner, but he called on me at the office—he came to Sydenham twice—the second time was on the 16th of January—he dined with me and my family then.
Q. Now, did you on that, or any other occasion, desire the prisoner to wait on Mr. Snow? A. I did not, not for any purpose whatever—he told me he was frequently in the habit of seeing Mrs. Snow—I did not on any occasion direct the prisoner to wait on Mr. Snow relative to some provision for Mrs. Snow—my son did not on any occasion accompany the prisoner any where to my knowledge—I have heard my son say he had once been with the prisoner—I believe my son is not here.
MR. BODKIN. Q. What is your age? A. Fifty-three—my eldest daughter is twenty-one, and the other seventeen—some short time since I
lost a daughter, and on that occasion Mrs. Snow attended her, and behaved very kindly to her—she was with her just before she died.
Q. About this dinner at Long's; was Long's the first house that was mentioned, or were you to have dined together at another house? A. The prisoner desired me to meet him at the Golden Cross, Charing-cross—I did not know where we were to dine—when I got to the Golden Cross the prisoner came out—we got into a hack cab, and drove to Long's hotel—he gave me no reason for that—he ordered the dinner—we had a good deal of wine after dinner—there was champagne—the prisoner paid for the dinner—I did not see either of my own notes changed.
ELIZABETH DIXON . In January last I was housekeeper to Mr. Snow, who lived at No. 72, Portland-place—the establishment was broken up, which was the cause of my leaving—I know the prisoner—he was introduced to me by my sister last September—(Mr. and Mrs. Snow were then abroad)—we were intimate friends—he several times asked me to marry him—he represented himself as the Secretary for Foreign Affairs, and he showed me some letters—we never conversed at all with respect to my master and mistress—just after Mr. Snow returned home, the prisoner asked me why Mrs. Snow was not returned.
COURT. Q. Did you let him into the unhappy differences that were supposed to exist? A. No, I did not.
MR. PHILLIPS. Q. In the course of your conversation was the name of Mr. Rich mentioned at all? A. Yes, on one occasion—I never instructed the prisoner to get money in order to bribe me to give up letters of Mr. Rich's—I never asked him for money—I never proposed to deliver up any letters in case money was given me for them, neither letters of Mr. Rich's or anybody else—I never received 50l. from the prisoner, or any sum whatever, on the condition of giving up letters belonging to Mr. Rich or anybody else—I never had any conversation whatever with the prisoner on the subject of letters in my possession, which I was to give up for money—I never told him I was not satisfied with a sum of money that was offered—letters were never mentioned between us—he never offered me anything—I never received 50l. from him for certain letters, nor did he ever offer me 50l. for certain letters—I never said I was not satisfied with 50l., or with "the money," and that I must have more—I never had any conversation of that kind with the prisoner.
COURT. Q. Did he ever propose to you to give you a sum of money to deliver up letters in your possession? A. No—I never represented to him that I had letters addressed to Mrs. Snow in my possession—I never said that I was not satisfied with the money, nor that I wanted more money, nor that I wanted any money to deliver up any letters—I never represented that there were letters of consequence to Mrs. Snow in Portland-place, which could be obtained by bribing me.
Q. Had you any such letters in your possession? A. There were letters of Mrs. Snow's in my possession, I mean letters belonging to Mrs. Snow—the prisoner never had any opportunity of knowing that fact from me—he never asked me any question about any letters—my sister was not aware that I had got any letters.
MRS. GEORGINA SNOW . I am the wife of Mr. Robert Snow. I have been married ten years last January—I have two children living—I resided in Portland-place—I left England with Mr. Snow the Utter end of June last,
before that, I had been staying with Mr. Snow at Twickenham—I think I went to Twickenham in the latter end of March as well as I can remember—Mr. Snow and I have not lived happily together for some time—while we were on the Continent, those differences resulted in our separation—Mr. Snow came to England in November last, leaving me in Paris—one of my brothers came to Paris, and brought me to England—I am now living at my father's house in Arlington-street—I have known Mr. Rich, of the War-office, for several years—he has been on intimate terms with my husband and myself, and his daughters also—I remember seeing the prisoner when he was brought before the Magistrate on this charge—I had never, to my knowledge, seen him in my life before that time—I never authorized or requested him to make any application to Mr. Rich for money to procure letters from my housekeeper—I never authorized him to make any application to Mr. Rich for money on my account under any pretence whatever—I never sent him to Mr. Rich as my friend—I never had any conversation with him in my life.
Cross-examined. Q. I believe you say Mr. Rich was acquainted with yourself and Mr. Snow? A. Yes, he was acquainted with me soon after I married—he is an old friend of Mr. Snow's family—I was in the habit of writing to Mr. Rich, and of receiving answers, often—I cannot exactly say how often, not very often—perhaps oftener than once a month, it might be five times a month—about three times a month I suppose within the last three years—it might have been oftener, yes, perhaps it was sometimes—never ten times a month I should say—I will not say I never received ten letters in a particular month—I dare say I have received and answered ten letters in one month—they came directed to me, by post, and sometimes his daughter brought them when she came to see me.
Q. Have you those letters by you? A. Some of them were left in Portland-place, and others are destroyed—those that were left in Portland-place were locked up in a drawer, the key of which was left with Mrs. Snow, Mr. Snow's mother, in Saville-row—there were other letters and odd papers in a basket, of no importance, which were also locked up, and the key of that place was in Saville-row—they were left in Saville-row under the care of Mrs. Snow when I went abroad—I am not aware that there were any other letters besides those two parcels, which I have referred to.
Q. Why were some of those letters destroyed? A. I do not know—I destroyed them as soon as I read them—there were no letters in the hands of any other person in the house, that I am aware of—I have written to Mrs. Dixon, the housekeeper—I am not aware that Mrs. Dixon had any letters of mine—I did not correspond with Mrs. Dixon.
Q. Did not you write from the Continent to Mrs. Dixon? A. Mr. Snow wrote once, and I wrote from Paris once, to tell her that Mr. Snow was coming home—I never corresponded with Mrs. Dixon on any other occasion—Mr. Snow wrote, I believe—I never did.
Q. Had you been in Paris before this visit that you took with Mr. Snow? A. Yes, several years ago—I was not there by myself, I was with my father—I was there about two months, about seven years ago—I did not go into society at all, and made no Parisian acquaintances—on the last occasion I was in Paris about three weeks, I think, or not quite so much—I have only been in Paris twice since I married—I was not educated in Paris—I have been a good deal abroad—when I was in Paris last I did not keep much
company—I went to visit some friends of my father's in the country, some distance from Paris, near Versailles—Mr. Snow did not accompany me—he was in England.
Q. How long did you remain in Paris after Mr. Snow quitted? A. Not quite a fortnight—I resided during that fortnight at an hotel in the Area di Rivoli—I did not reside there all the six weeks—I had previously resided at the hotel Maurice, but Mr. Snow wished roe to move to the other hotel—he took apartments there for me before he left Paris—I never saw the prisoner till the day I appeared before the Magistrate—that is correct—I never saw him in Paris, nor in any part of England—I never met him at Dulwich—I spent eight or nine years on the Continent before I married—I have never, by letter or otherwise, received any presents from the prisoner, not within the last twelve months, or two years—I never received a ring with a ruby—there are some proceedings going on at this time between Mr. Snow and myself in the Ecclesiastical Court.
MR. BODKIN. Q. I believe those proceedings have been instituted by yourself? A. Yes, I am the complaining party—my former visit to Paris was about the period when I lost one of my children—that is seven years ago—I was accompanied from Paris, on the last occasion, by my eldest brother, not the one who is head-master of St. Paul's school—I was very unwell while I was staying at my brother's house at St. Paul's, which was when I first arrived, on the 8th of December—I went straight to my brother's house, and remained there till the 51st of December—I was very ill indeed from the 13th—I was taken ill on the 13th, and remained very ill until I left on the 31st—I never stirred out of the house—when I left on the 31st, I went to my father's in Arlington-street—on the 5th of January, I went to Mr. Whittaker's, a friend' of my father's, in Surrey, and remained there till the 17th of January—I did not come to London in the mean time—on the 17th of January I went to my father's again, and have remained there from that time to the present—I am there now.
GUILTY . Aged 38.— Transported for Seven Years.
NEW COURT.—Tuesday, February 8th, 1842.
Sixth Jury, before Mr. Common Sergeant.
GEORGE FREDERICK PAINE . I keep a beer shop, in Chapel-street, Soho—I was in the parlour of the Hampshire Hog public-house, in Berwick-street, with the prisoner, on the 29th of January—I got rather intoxicated—I had two sovereigns, six half-crowns, five shillings, and eight sixpences—I was sitting down at the table, and the prisoner came up and took the money out of my pocket—I had two sovereigns in my trowsers' pocket—I raised myself up, and the girl said, "Mr. Paine, you are robbed"—I saw the prisoner taking his hand out of my pocket—he was taken, and the money found on him.
Cross-examined by MR. PHILLIPS. Q. Were you not the whole night changing and exchanging money with one another? A. We were some part of it—the prisoner was not very tipsy—he was quite conscious of what he
was doing—I lent a Mr. Wood 2l. during the night—I did not deny that I lent it him—a raffle for birds took place, and then we were raffling for sweepstakes afterwards—the raffle took place with dice—we played at cards afterwards—we raffled for a twelfth cake—I was quite conscious of what I was doing—I was not awake—I was not asleep at the fire—I was asleep about a quarter of an hour—I felt his hand touch my trowsers' pocket—I have known him about five months—I left him in charge of my business about three months—I never heard a blot on his character—he was to receive money for me, and accounted to me for every farthing.
ANN PARSONS . I am servant to Thomas Allman, of the Hampshire Hog public-house—I went into the parlour to light the fire about eight o'clock in the morning, and found the prisoner and prosecutor both there drunk—I saw the prisoner go to the prosecutor, and ask him if he was going home—he did not speak—he put his hand into his left hand waistcoat pocket—he did it openly—he went to him again, put his hand into his trowsers' pocket—I touched him—that roused him—he got up and said, "You have robbed me"—the prisoner said, "So help me God, I have not been near you."
Cross-examined. Q. How many persons did you leave gambling? A. Four or five—I went to bed about half-past twelve o'clock—there were twenty-seven or twenty-eight persons there at one time—my master keeps a gin shop—when I went to bed I left my master and mistress up.
NOT GUILTY .
THOMAS HOLDERNESS . The prisoner is my errand boy, and lived with me about five months. On the 17th of January I sent him with a horse and cart for a load of coke, with 16s., which he was to pay to the person at the factory—he came home and said he had paid 16;., and I believed him.
Cross-examined by MR. PHILLIPS. Q. He was in your employ in the Spring 1A. Yes—he did not bring a ticket to me, he delivered it to the porter at the gate.
GUILTY . Aged 16.— Confined Nine Days.
811. CHARLES SHEFFIELD and SARAH RICHARDS were indicted for stealing, on the 24th of January, 1141bs. weight of white lead, value 2l.; 20 printed books, value 1l. 10s.; and 1 box, value 6d. the goods of Henry Pickford.
HENRY PICKFORD . I am an appraiser, and live in East-road, City-road—I sent my goods with a horse and cart on the 24th of January—I left the cart under charge of George Moore—there were twenty books and this white lead in it—they were taken off the van by somebody.
Cross-examined by MR. PAYNE. Q. Whose were these? A. They were forfeited under a distress—I was the broker—the van stood in the street all night—it was half-past eleven o'clock at night when they came from
Belle Sauvage-yard, Ludgate-hill—there were nearly two tons weight of goods.
GEORGE MOORE . I live in Whitecross-street, St. Luke's—I am ware-houseman to Mr. Phillips, an auctioneer—I came with this van—I was hired to watch it—at twenty minutes before twelve o'clock I saw the prisoners and two others walking backwards and forwards on the other side of the way—I had to go round to the corner to give a message to my master—I then missed the prisoners—I walked round, and saw Sheffield and another man—Sheffield had got the box off the van—I caught Sheffield, and said, "Halloo, what are you at?"—no reply was made—Richards came and said, "What are you about?"—I let go my hold, as she came and struck at me—I then went to get Sheffield—I came in contact with her again, and detained her—I had seen her with him before—it was twenty minutes from the time of my seeing them together and taking them.
Cross-examined. Q. Had you seen him before that day? A. No—the van was about ten or twelve yards from where I went to deliver the message—I am positive Sheffield is the man—I described him to the policeman.
JAMES BRANNAN . I am a policeman. I went after Sheffield, and met him about seven o'clock in the evening—I said, "Charley, I want you"—he said, "What for?"—I said, "For stealing a box from a van in Chiswell-street"—he said, "So help me G—, I was not there, and you shall not take me, you b Greek"—there was a desperate struggle—I got him to Long-lane—he seized my watch-guard, drew my watch out, and broke my guard, and threw it into the road—he struck me and kicked me repeatedly.
SHEFFIELD* †— GUILTY.- Transported for Seven Years.
RICHARDS- NOT GUILTY.
HENRY ABRAMS . I am a potato-dealer—I live in King David-lane, Shadwell—the prisoner was my errand-boy. I sent out for 1l. worth of silver on the 15th of January—I placed it on the mantel-piece in the back-parlour, two rooms from the shop—I went down stairs with the prisoner, and left my wife in the room—I sent the prisoner up to fetch some empty baskets—he did not return—I went up, and missed the silver off the mantelpiece—no one was in the place but the prisoner.
MARTHA ABRAM . I am the prosecutor's wife. I did not take the money—there was no one in the house but the prisoner and me and my husband—I got up to go into the shop—the prisoner passed me, and went out.
GUILTY . Aged 14.— Transported for Seven Years. —Convict Ship.
(There was another indictment against the prisoner.)
JAMES LEGG . I am a carpenter, living in Salisbury-street, Lissongrove. About twelve o'clock, on the 31st of January, I put my saw on the bench when I went to dinner—I came back at a quarter to one o'clock, and it was gone—this now produced is it.
Cross-examined by MR. PAYNE. Q. You lost something else? A. Yes, my coat, but it was found put under the bench.
Cross-examined. Q. You saw him walking along? A. Yes, and followed him—I saw him with something in his pocket—I asked what it was—he said, "A saw," he said he had been sent to Highgate for it.
GUILTY . Aged 18.— Confined Three Months.
THOMAS BURTHOM . I am a shoemaker, and live in Devonshire-street, Lisson-grove. On Saturday evening, the 29th of January, about six o'clock, I looked into my shop, and found every thing in confusion—I missed from the window two pairs of Blucher boots and one pair of shoes—I have seen them since—the two pairs of Blucher boots I applied to the prisoner about, being informed he had left my place—I asked him about them—he said he knew nothing about them—I said, "If you don't give them up I will get a policeman"—his sister went to the foot of the bed, and gave me one pair—the prisoner went to a cupboard, and gave me up these other pair—he told me that another boy told him to take them, and he would make away with them.
Prisoner's Defence. My sister gave him them all.
GUILTY*.— Transported for Seven Years.—Convict Ship.
815. JAMES POWELL was indicted for stealing, on the 28th of January, 2 sacks, value 1s.; 14lbs. weight of solder, value 4s.; 20lbs. weight of copper, value 5s.; 30lbs. weight of brass, value 4s.; 1 hamper, value 6d.; and 1 fan, value 3d.; the goods of Richard Owen.
RICHARD OWEN . I lost this hamper on Friday night—I have examined it—it contains the articles stated—they are mine—I lost it from my shop in Shoe-lane—I saw it between three and four o'clock in the afternoon of the day before—the-prisoner was at my shop on Friday afternoon.
Prisoner's Defence. I bought the hamper and property of some person in the street.
GUILTY .* Aged 38.— Transported for Seven Years.
GUILTY . Aged 18.— Confined Three Months.
JAMES ARTIS . About half-past four o'clock on the 30th of January I was in the neighbourhood of my masters' shop, Matthew Howitt and brothers—I saw the prisoner and two others standing at the door—I saw the prisoner pull this shawl down, and run—I got out of the window, and pursued the prisoner—he ran—he threw it down—I picked it up, and stopped him.
Prisoner. Q. Were there not persons before me, and I was following them? A. He was hallooing out "Stop thief—I have no doubt he had the shawl, and dropped it.
Prisoners Defence. I was going down Holborn; a boy pulled the shawl down; 1 ran after him, and called "Stop thief."
GUILTY.** Aged 18.— Transported for Seven Years.
NOT GUILTY .
Before Mr. Justice Williams.
THOMAS GEORGE SIZER . I live at Stratford, and am a clothier. I missed a pair of new boots from my door on the 14th of January, between twelve and one o'clock—I had seen them half-an-hour before—these produced are them.
GEORGE SMITH (police-constable K 38.) On Monday morning, the 17th of January, I went to Mr. Reynolds, a pawnbroker, about a pair of boots—Davidson fetched them away while I was waiting outside, about eleven o'clock—I took her and the boots to the station, and about half-past twelve I took the prisoner at his lodging at Bromley—I told him I had got Jane in custody for a pair of boots, and she had said she gave him 1s. for the ticket—he said, "No, I gave her the ticket; I bought the boots in Rosemary-lane."
ANN FISHER . I live at Bromley—the prisoner lodged with me for, two years, up to the time of his being taken. On the Friday night he desired me to pledge these boots, which I did at Mr. Reynolds's, in Mileend-road, for 3s., I gave him the money and duplicate, which was in the name of John Walker.
JANE DAVIDSON . I know the prisoner—I went to the pawnbroker's on Monday morning fortnight, to redeem these boots with the duplicate which the prisoner sold me for 1s.—when I got out I was taken with them.
Prisoner. Q. Did you see me near your house? A. No.
NOT GUILTY .
820. JONATHAN MILLS and JAMES PRUDENCE were indicted for stealing, on the 29th of January, 90lbs. weight of hay, value 3s. 6d., and 1 pitchfork, value 1s.; the goods of George Johnson, their master; to which they both pleaded
GUILTY .—Recommended to mercy,— Confined Three Months.
Before Mr. Recorder.
GEORGE JACKSON . I live with my father, George Jackson, a shoemaker, in London-street, Greenwich. On Tuesday, the 11th of January, about ten or eleven o'clock in the morning, the prisoner came for a pair of 6s. 6d. cloth boots—she tried a pair on—they fitted her very well—she then asked me to look for a pair at 5s. 6d.,—I went outside and got a pair at 5s. 6d.—she then said she should like to have a pair of 6*. 6d., cloth boots, and she would have them, and pay 3d., off them—she paid 3d. in part payment of another pair of 6s. 6d. ones—not the pair I first showed her and tried on—she said she would call or send her little girl in the evening for them—she was going out of the shop, and I missed the first pair that she had tried on—she had got outside of the room, but not into the street—we have a little room at the back of the shop—I said, "You have got a pair of my boots"—she said, "No, I have not"—I said, "You have"—she said, "What makes you think so? I have not"—I called in a policeman, and then she produced them from under her cloak, and said if I would forgive her she would never do it again—she had got out of the room into the shop—the boots were tried on in the small room—she was taken into custody—the policeman took the boots—(produced)—I know them to be my father's, by the letter on them—I saw her take them from under her cloak.
Cross-examined by MR. PHILLIPS. Q. Had she one pair or two pain of boots when going out? A. One pair—she deposited the Sdf and was to return in the evening, or the little girl was—I said she had got a pair of my boots—I charged her with taking them, not with stealing them.
COURT. Q. What did you say to her? A. I said, "You have got a pair of my boots"—I am sure those were the words—I did not say "stolen,"but "got."
(1 he prisoner received a good character.)
GUILTY . Aged 23.—Recommended to mercy,— Confined One Month.
WILLIAM HUGHESDON . I am a smith and brass-founder, and live in Butcher-row, Deptford—the prisoner was in my service for upwards of four years. On Saturday, the 15th of January, I was at the Compasses public-house, and n little after nine o'clock I delivered to him six sovereigns and two shillings, and then gave him a half-sovereign to give to my daughter—I gave him a sample bag, counted the money over to him, and he put it into the
bag—I told him to go home to my house, and get Mr. Ward's bill, and pay it, 6l. 1s. 9d., and leave a half-sovereign at home for my daughter—I saw no more of him till the Wednesday morning following, when I came down stairs, he was sitting in the kitchen—I said to him, You scoundrel, get out of my place," and he went—I gave information, and that evening he was taken.
MARY ANN HUGHESDON . I am the prosecutor's daughter. The prisoner came to the house about ten o'clock on the 15th of January, and I gave him the bill, and the note of the men's wages, which was left with me—when I gave him the note, be said I was to send for all I wanted out of the money I bad got—I had got 1l. 19s. of my own—he said it as if it was a message—he did not complain of losing any money—the men are paid at Ward's public-house—the note contains the particulars of what is to be paid to the men—my father keeps three men—the bill was not receipted as it is now when I gave it to the prisoner.
GEORGE WILSON . I am a policeman. I apprehended the prisoner in Butcher-row, Deptford, on Thursday, the 20th of January—I told him he was charged with stealing 6l. 12s., the money of his master, Mr. Hughesdon, and he must go with me to the station—in the way there be said his mother was gone to have some bills printed, and he hoped he should find it—I said, "Find what?"—he said, "The money,"—that he had lost it in Flagon-row, that he took a half-sovereign out of the bag, and let it drop between his fingers, he looked for it, but could not find it—I asked him if any person saw him looking for it—he said "No," he did not make his loss known, fearing anybody might pick it up and keep it—be said he then put his hand into his pocket and found the other money was gone—that he ran home directly, and told his mother he bad lost a half-sovereign, and must have his clothes to pawn directly, to make up the money to give his master—I asked if he pawned them—he said "No," that he sold his hat the following morning for 2s.—if he was at the Compasses, and had to go to Butcher-row, Flagon-row would not be in his way—he would pass the end of it—he would go right through Flagon-row to go to Ward's from the Compasses, if he went there first—I found no money on him.
JAMES WARD . I keep the Fishing-smack public-house, in Old King-street, Deptford—I am in the habit of paying Hughesdon's men. On Saturday, the 15th of January, the prisoner did not bring me any money—he came there about seven o'clock in the evening, and brought me one roan's bill of 1l. 1s. 6d.—in addition to the amount in the bill he produced I had made out a bill on Friday night, and sent it to Hughesdon's house—lie did not bring me the bill of 6l. 1s. 9d.—he brought me no money at all, nor did he complain of losing any—I paid the roan 1l. 7s. 6d. and said to the prisoner, "George, you have not brought the money"—he said, "No, master is not come home yet, but I will go and fetch him"—I saw him again about eight—he brought the other two men with their notes—I said again, "George, you have not brought the money"—he said, "Master has not come home"—I said, "Until your master sends the money, I won't pay any more"—he then went again to fetch the money, and did not return—I did not see him again till he was in custody.
Prisoner's Defence. I lost the money in Flagon-row, and could not make it up to repay my master; I took the half-sovereign out of the bag as I went along, because I should give it to my mistress; it must have got
out of my hand; I was looking about for it, but could not find it; and when I looked into my pocket for the bag with the other money, it was gone—I went home and told my mother, and next morning went and told my mistress, but she would not believe me.
GUILTY . Aged 20.—Recommended to mercy.— Confined Six Months.
Before Mr. Common Sergeant.
GUILTY . Aged 41.— Confined Two Months.
BENJAMIN SMITH . I am a coal-merchant, and live at Deptford—the prisoner was my carman. On the 21st of January, about six o'clock in the evening, I went to my foreman's counting-house, and took the key of the corn-bin, which is kept there—I put about a pint of canary-seed amongst the corn in the bin, I smoothed it over, and locked the bin—I hung the key in the usual place—I then went to my private counting-house, where my foreman was waiting to do our regular evening business—I staid there till half-past seven o'clock—the prisoner then came with the key of the granary in which the corn-bin is placed—as soon as he had hung up the key, I and my foreman went and opened the bin—I found a great hole in the corn, a quantity had been taken out, I thought about a sack—we locked the bin, looked about, and found a sack concealed under some straw and other rubbish, in a stable adjoining the stable where the prisoner keep his horses—I opened the sack, and found the corn, and the canary-seed mixed with it—I got the policeman, to whom I gave charge of the sack—I can swear to the corn from the canary-seed in the corn—I did not watch the key of the bin during that hour.
Cross-examined by MR. PRENDERGAST. Q. The counting-house in which the key was, was open? A. Yes.
WILLIAM THOMAS ARTHUR (police-constable R 202.) On the 21st of January, at half-past nine o'clock at night, I went to the stable where Mr. Smith pointed out the sack of corn, covered with straw and litter—there was some canary-seed amongst the corn—I watched the corn at night to see whether the prisoner would take it when he went out, but he did not, and when he came back, I took him to the counting-house—Mr. Smith asked him how that corn came there—he said he had saved it for about three weeks to give to the horses when they did a little harder work than usual—Mr. Smith said, "When did you put any into it last?"—he said, "There has been none put in since last Saturday."
Cross-examined. Q. Where was this conversation? A. In the counting-house—the sack was in the stable—I did not show it to the prisoner nor did Mr. Smith.
NOT GUILTY .
WILLIAM THOMAS . I am a shoemaker, and live in Hare-street, Woolwich. About half-past two o'clock on the 27th of January, I was in the room adjoining my shop—I went out—the prisoner was in the shop, and was going out the door, she turned, and said, "Have you got any lasting boots that will fit me?"—I said, "I dare say I have"—I showed her some—she said, "Will you take a deposit, I will call on Saturday?"—I said, "Very well"—I showed her one or two pairs—and in the mean time I missed a pair of boots out of the window—as she was going down the steps, I perceived them under her arm—I brought her back, and sent for a policeman—I said, "I want these boots"—she said, "Don't give me into custody, I will give you double the value of the boots"—I had seen them safe about half-an-hour before.
Cross-examined by MR. CLARKSON. Q. Have you inquired as to the station and character of the prisoner? A. Yes, I find her family are respectable—I am very sorry to be here—I believe up this time she has borne a good character—she is married, and has one child at the breast.
(The prisoner received a good character.)
GUILTY . Aged 33.—Recommended to mercy by the Jury and Prosecutor,
Confined Ten Days.
BENJAMIN LOVELL . About two o'clock on Friday, the 21st of January, I was on duty at Greenwich-hospital, and saw the prisoners in company with another person—there was a crowd as the King of Prussia was coming—I had seen the prisoners and the other before standing by themselves—I am sure they were acquainted—just as the band was coming out, the whole mob rushed up to the gate—I saw Dixon feeling a gentleman's pocket—I then directed a policeman to watch them—be went, and in eight or ten minutes they shifted their places, and I saw Norton take this handkerchief from a gentleman's pocket—Dixon and Thompson were then one on each side of him, close to him—he took it out with his left-hand, and had hold of the tail of the coat with his right—I was not able to find out who the person was—policeman No. 190 seized Norton, and Thompson got away—I caught him with my right hand with the handkerchief—Norton had handed the handkerchief to him—he held it up, and said, "Who has lost a handkerchief?"
Cross-examined by ME. PHILLIPS. Q. Were you within reach of the gentleman? A. No, one step would have brought me near enough to catch him—Evans was with me—I had a prisoner in each hand, which prevented my alarming the gentleman—we had a great difficulty to secure the prisoners—I did not follow the gentleman, nor ask him his name—I never had any cases before, of handkerchiefs from persons unknown—there were a good many persons there—I never saw Gray, the horse-keeper, till he came to the Magistrate on the Wednesday—he was not at the first examination—he came to the station the night before, and left his name there—I did not see him that night—he called at the station—I saw him at the police-office
on the Wednesday after—I spoke to him—I did not ask him how he came to leave his name at the station on the Sunday night—he came to give evidence, but I was not aware of it till the inspector told me—Gray said, "I have been here waiting for you."
Q. Did you say, "How did you come to know me?" A. Yes—no, I did not ask him in that way—I said, "Yes," but it was before you gave me the opportunity to know what I did say, and I contradicted it immediately—when Gray was at the station, he said, "I have been waiting for you, Mr. Lovell"—I suppose the inspector had told him my name—I said, "The inspector gave me a paper last night, your name is Gray, is it not?"—he said, "Yes"—I told him the parties would not be up from Maidstone till twelve o'clock—this was at the police-office—Evans and I had been at the hospital-gate from about ten in the morning.
Cross-examined by MR. PAYNE. Which gate was it? A. The eastgate—the one nearest to Woolwich—there were a good many people there.
Cross-examined by MR. BALLANTINE. Q. You saw the three prisoners with another person, and you swear they were acquainted together? A. I have no doubt they were all acquainted—they were all together, and came to the gate together—I did not see them speak, but I will not say that they were not speaking—Evans pointed them out to me, and I looked over the road, and saw them—there was no one near them—they were on the other side of the road—there might be persons within ten or a dozen yards of them, or five or six yards—I swear there were not persons within two or three yards of them.
JOHN EVANS (police-constable R 190.) I was on duty, and saw the three prisoners and another in company with them, in front of the College-gates—they were standing by themselves, and several other persons standing in front of them, close to the gate, but I had seen them about an hour previous, and the four were then alone—there was a rush at the gate, and at that moment I suspected the robbery was committed—I collared Norton and Thompson—Thompson gave me the slip, but I secured Norton—Thompson was secured by Lovell, and Dixon by another officer—I saw Norton's hand a minute or two previous, and he had no handkerchief in it, but the minute 1 turned him round, he had a handkerchief in his hand, and it was passed over—Thompson took it out of his hand, held it up, and called out, "Who has lost a handkerchief?" and said he had picked one up—the prisoners resisted being taken—Dixon became violent, and threw himself down.
Cross-examined by MR. PHILLIPS. Q. How near was Lovell to you at this time? A. Within two or three yards, I believe, at the furthest—I did not see the gentleman to whom it was said this handkerchief belonged—I saw a gentleman who I suspected had been robbed—I did not ask Lovell if he saw the gentleman that was robbed—I do not recollect that I did—I suspected it, but Lovell said he saw Norton take the handkerchief out of a gentleman's pocket—he did not point out the gentleman to me, but I knew he was very near me—Gray, the horse-keeper, works for Mr. Wheatley.
Q. Had you known Gray before that day? A. I never saw him—I cannot tell how he happened to go to the station—I knew nothing about him for two days afterwards—he was not at the first examination—he appeared at the second examination—some conversation took place at the
White Hart public-house corner, where the coaches stand, between Gray and some of our men—I heard that in conversation between the. men on duty—I told Lovell of it, but I believe he knew it before I did—I think he did, but I am not positive—when I spoke to Lovell about it, he said he heard there was a man coming up.
Q. Did he tell you he heard that in consequence of the conversation at the White Hart? A. Yes—I cannot tell whether he told me that on the Monday or the Tuesday—it was one or the other, I believe.
Q. Are you sure Lovell told you the reason he expected the man to come up was, that he had heard a conversation with the men at the White Hart? A. Yes, that was the cause, to the best of my belief—I have no doubt about it—I have no doubt that I heard Lovell say he expected the man to come up in consequence of conversation between that man and the policeman at the White Hart—I saw Gray first at the station on the Wednesday—the day of the last examination—I asked him what he knew about the case—there was no one with me in particular—Lovell was there, but he did not hear me ask the question, that I know of—I do not know whether he was near enough to bear it, he might have heard it—I will not undertake to say whether he heard it—he might be a couple of yards from me, but if he was engaged in conversation, he might not be attending to me—I do not know whether he was in conversation.
Q. On the oath you have taken, did not Lovell join in the conversation with you and Gray? A. Not at that time—I do not recollect whether he did in the course of that morning—I cannot say either one way or the other—the handkerchief is of no great value—I did not see any initials on it—I do not believe there are any—I searched Norton myself—I found no handkerchief on him, but one round his neck—if he went out-with a handkerchief of his own, he might have lost it—he had not one in his hand one or two minutes before I took him, and when I took him he had one.
Cross-examined by MR. BALLANTINE Q. You pointed out the three prisoners to Lovell? A. Yes—I called his attention to them—they were standing together when I first saw them—when I pointed them out to Lovell, the four of them were standing together by the gate—I was within two yards of the gate myself—they were between me and the gate—they were more to the left of Lovell—there was only one man between me and them, and that was the fourth man—he was blowing a cigar in my face—there was a great mob behind me, but I was standing between the prisoners and those behind me—I was not quite in front of the crowd—part of the crowd was in front of me—I was right amongst the crowd—from me to the furthest prisoner there was not more than two yards-—the prisoners were closer on the crowd.
GEORGE GRAY . I am horse-keeper to Mr. Wheatley. On the 21st of January I was at the East-gate, at Greenwich-hospital, waiting for my master's horse—I saw the three prisoners standing together amongst a crowd of persons—I saw Norton have a handkerchief in his hand, and he passed it to the other—I did not see where Norton took it from, but I saw it in his hand.
Cross-examined by MR. PHILLIPS. Q. How long have you known these policemen? A. About six months, both Lovell and Evans.
NOT GUILTY .
827. HENRY GRIMSHALL was indicted for stealing, on the 26th of January. 10 yards of printed cotton, value 10s.; 1 shawl, value 5s.; 3 gowns, value 1l.; 2 yards of calico, value 1s. 6d.; 2 yards of linen cloth, value 6s.; 12 shirt collars, value 6s.; 2 towels, value 1s. 6d.; and 1 tobacco-pipe, value 5s.; the goods of Harriet Burton.
HARRIET BURTON . I live at Deptford, and am a laundress; the prisoner lodged in my house. On the 26th of January I observed him going from the house about half-past ten o'clock, and asked him what he had got round his body—he refused to show me—I felt very much agitated, and would insist on seeing—I pulled open his jacket, and saw my gownpiece between his skin and shirt—I said, "For God's sake, what have you done, tell me? this is my gown, but if that is all I will let you go, if there is no more"—he said, "God strike me dead if I have any thing else"—I turned him round, and found this black silk shawl on him—I then looked on my stairs—he had broken my bed-room door open, and taken some things from there, and the room he slept in he had stripped—I have found nothing but these two articles—the others are lost—he robbed me of about 9l. worth of things.
Prisoner. This is all I did take besides the three gowns; the other things I know nothing about—I did it out of distress, I was out of work.
GUILTY . Aged 19.— Confined Six Months.
828. WILLIAM LIVERMORE was indicted for stealing, on the 5th of January, 1 brooch, value 6d.; 1 watch, value 3l.; 1 ring, value 10s.; 23 sovereigns, 2 half-crowns, and 5 shillings; the property of Thomas Lewis.
MR. HORRY conducted the Prosecution. <