CENTRAL CRIMINAL COURT.
SIXTH SESSION, HELD APRIL 4TH, 1842.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, April 4th, 1842, and following Days.
Before the Right Honourable Sir JOHN PIRIE, Bart., LORD MAYOR of the City of London; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Rt. Hon. Thomas Erskine, one other of the Justices of Her Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter, Bart.; Matthias Prime Lucas, Esq.; William Thompson, Esq.; Charles Farebrother, Esq.; Thomas Kelly, Esq.; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; and Thomas Johnson, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Lainson, Esq.; John Humphery, Esq.; Michael Gibbs, Esq.: John Johnson, Esq.; John Kinnersley Hooper, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriff's Court; 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. SIXTH 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, April 4th, 1842.
First Jury, before Mr. Recorder.
MR. CLARKSON conducted the Prosecution.
JAMES NOBES HAYES I am clerk to George Harker, a dry-salter, of Arthur-street, City. On the 21st of December the prisoner called at the warehouse—I knew him by the name of Gillingham—he inquired if Mr. Harker was a buyer of Reading sauce—I said, "If it is not Cocks' genuine Reading sauce, it is no use to offer it, for Mr. Harker will not buy it"—he offered it at 15 per cent. under Cocks' selling price—Cocks' price is, I think, 18s. a dozen, and then 20 per cent. discount, which would bring it to 14s. a dozen, that is Cocks' price—I said, "How is it you are enabled to offer it at 15 per cent. less than Cocks' price?"—he said he had made an exchange with Cocks for soy, and that enabled him to offer it at the reduced price—I said Mr. Harker was not within, and told him to call next morning—when I said Mr. Harker would not take it unless it was Cocks' genuine, he produced a paper to me, which he called an invoice, that convinced me it was Cocks' genuine sauce—I concluded the thing to be perfectly fair—he went away and came again next day—I was present when he saw Mr. Harker—they had some conversation, and Mr. Harker bought twenty-four dozen, and gave a cheque on Prescott's bank for 14l., and the prisoner gave a receipt—I have both the cheque and receipt here—the sauce was packed in two hampers—I have tasted the sauce—it is not Cocks' Reading sauce.
Cross-examined by MR. BALLANTINE. Q. Had you known him before? A. No—he did not say he was employed by a person of the name of Gillingham, nor that what sauce was there had been sold by Gillingham—the first thing he said to me was, "Is Mr. Harker a buyeer of Reading sauce?"—I said, "If it is not Cocks' genuine Reading sauce, Mr. Harker will not buy it"—I made no agreement myself to purchase it—it—I communicated what passed to my master—I tole him a person had been to offer Reading sauce, and I believed it genuine—I paid him the cheque—there was nothing extraordinary in the bargain.
GEORGE HARKER . I am a drysalter. In December I remember my servant Hayes communicating to me what had passed between him and a person named Gillingham—I afterwards saw the prisoner—he told me he had offered my clerk some Cocks' Reading sauce—I asked him if it was the real genuine article—he said it was, and he had convinced my clerk of that, that the sauce he offered was the genuine sauce—he said he had convinced my clerk of the fact—Hayes said, in his presence, "He has shown me the invoice from Cocks"—the prisoner said he had sold Cocks some soy,
and had taken this in barter for the soy—as he had often called before, and offered me soy, I took it for granted it was right—I think he said the price was 35 per cent, discount, that is, 35 per cent, off 18s. a dozen—Cocks' discount is 20 per cent., and twelve months' credit—I told my clerk he might take it—I might have told the prisoner he might send it in—I wrote a cheque for the money, and gave it to my clerk to pay him when he delivered the article—it was not delivered in my presence—Hayes afterwards returned me this receipt as given by the prisoner, and this cheque came back from my bankers in due course—if I had known it was any thing but Cocks' genuine Reading sauce, I certainly should not have bought it—it was valueless—even if it had been better, it would not have done.
Cross-examined. Q. I believe your conversation with him was exceedingly short? A. Very short—I was induced to take it by what he told me himself—what my servant said had nothing to do with it—I asked the prisoner the questions, and he answered’ me—my clerk said he had seen an invoice—I do not remember that he showed me an invoice—I believed what my deck said on the subject, but I was induced to take it by the prisoner's representation—what my clerk said to me had nothing to do with my inducement—I thought the prisoner a respectable man, and what he said sufficient—I thought he had bartered it for soy—he said he wanted the money immediately, which was the reason he sold it—I knew he had offered soy at my house, and that made me think it likely—it strengthened what he said to me—I think I had seen some of the bottles at the time I agreed to purchase them, but I am not quite positive—I desired my warehouseman when the sauce came in, to look at the labels—the bottles were not there when the prisoner came—I left the cheque with my clerk to pay for them when properly delivered.
J. N. HAYES re-examined. The sauce was not delivered when the conversation took place between Mr. Harker and the prisoner—it came very quickly afterwards—I think the prisoner came with it—I gave the cheque to him, I know—this bottle produced is one of the 288 he delivered that afternoon.
Cross-examined. Q. The cheque was delivered to you by your master? A. Yes, it was to be paid to the man when the goods were properly delivered, and not before—I did not look at the bottles before they were delivered—I do not think I looked at the labels on the bottles before I gave him the cheque—I did not count them—I took it for granted they were correct.
The bill was here read as follows—"Mr. George Harker, "Dec. 21st, 1841. "Bought of W. Gillingham, 24 dozen Reading sauce, at 18s. £21 12 0 Discount 20 per cent. 4 7 0 17 5 0
Allowance 15 per cent. 2 11 0
"2 hampers, 3s. 6d.
£14 4 0
"Received, Dec. 21st, 41.
GEORGE CUTHBERT . I am an oilman, and live in Fore-street. I know the defendant—he bad called on me previously to offering the Reading sauce—I had seen him once or twice, two or three years since—on the 8th of January, in the morning, he called at my shop, and said, "Are you in want of any Reading sauce?"—I said I was not, because I had just had a supply in—he then said, "If you are a buyer I can offer you some at something under the usual price"—I asked him what price—he said 12s. a dozen—I asked if it was the genuine article, Cocks' sauce—he said it was—he then produced a letter which I read—he said, "I have had some dealings with Cocks, of Reading, and sold them some soy, in part payment of which I have received this sauce," and so it appeared by the letter—that lulled all suspicion on my part—I agreed to take three dozen at 12s.—(looking at a letter produced by the defendant's attorney)—I do not think this is the letter he showed me—the sauce was sent, I think, the same evening or next morning—he did not bring it himself—I paid for it, and took a bill of parcels which I gave Mr. Hobler—it came by a boy.
GEORGE CUTHBERT re-examined. The prisoner came to my house again four or five days after, and said, "I have still a few dozen left of the sauce, would you like any more of it?"—I said, "No"—he then said, "If you will take a few dozen more, you shall have it at 10s. 6d., for I mast tarn it into money"—(I had paid the boy 36s. for them)—I said, "Well, send me two dozen"—he then went away—another boy brought the two dozen in the evening, but before it came, my suspicions were awakened, and when I saw the boy I declined to pay him, and gave him a message for Mr. Simmonds, by which name I knew the prisoner, and by no other—in consequence of that message he came to me about an hour or an hour and a half after, and said, "Why do you refuse to pay for the sauce?"—I then held up to the gas-light a bottle of his, and a bottle of the genuine sauce, and said, "See here, I am sure it is not all right"—I pointed out to him the difference—his was a weak, watery looking article to what the genuine one was, and quite different altogether—it was muddy, and the genuine was clear, and a dark colour—I said, "I am not satisfied with the article you have sold me, I shall by to-morrow's post write to Messrs. Cocks, of Reading, and ascertain if what you have stated to me is correct, if it is their sauce or not"—he then said, "I assure you it is precisely the same as I received from them," and then said, "Let me have the sauce back again"—I refused to do so till I had heard from Cocks, and said if it was correct I would pay him if he would call again—he said he would call again on the Tuesday or Wednesday—I wrote to Cocks', and got an answer—the prisoner never came any more for the sauce or money—the bottles have remained with me ever since, unpaid for—I have since tasted the sauce—it is not the genuine sauce, and not at all saleable—it is not of the least value to me—I produce one of the bottles he sold me.
Cross-examined. Q. Did you know him to be a person acting as agent for different parties? A. No—he did not mention to me that he was an agent to Gillingham—I never had any dealings with him—he has called
Cocks, we are the manufacturers of Cocks' Reading sauce. I have known the prisoner I should think from three to four years—we have purchased soy of him—the last transaction was about the summer of last year—we have sold him some of our sauce—the last time was the 2nd of November, 1840—we never sold him any but once—he has not paid for it—we have bought pickles and cayenne of him—we never had any barter transaction with him whatever—we never had any offer from him to deal by way of barter—we had a letter from a person named Gillingham, but his name is Simmonds—I never saw him on the subject—we had a letter signed "Gillingham"—when we bought soy of the prisoner we paid him by a cheque on Willis's bank.
COURT. Q. What quantity of sauce has he bought of you? A. Twelve dozen—I have a bottle of the genuine sauce in my pocket-my brother and I make it ourselves—we do not allow anybody else to do it.
MR. CLARKSON. Q. Look at these two bottles; is this your source, or made by you? A. Both are spurious—I can say so from the labels and the difference in the composition—ours would not change colour if it got sour—it would never get into the state this is—(tasting it)—this is sparious—there is a very great difference—the seal is a very close imitation—it is not the same bottle—the red and white labels on the bottles are a very close imitation of ours—indeed the same printer's name, Cowslade, is on both—I cannot tell what the counterfeit is made of—it has a very slight resemblance indeed to our sauce—I should say persons who had been in the habit of using our sauce would very soon detect it.
Cross-examined. Q. I suppose you would hardly undertake to say there was not some of your sauce mixed up with it? A. It is impossible to say, there might be one bottle put into twenty gallons, but I should say there is none of ours in it—I could not swear it—there are a great many ingredients in our sauce.
Q. Does soy form part of it? A. I do not mean to answer any thing of that—we sell a great quantity of soy separately—I have had one transaction for soy with a person named Gillingham.
Q. Have you not offered to take soy off Gillingham's hands provided he would take a quantity of your sauce in exchange? A. Not except in writing—we had a letter—we received an order for a gross of our sauce from a person named Gillingham, after we bad purchased a hogshead of soy, and paid for it—he said in his letter he had two hogsheads more of the same soy, would we take it—we wrote to say we did not object to taking it, but perhaps instead of taking one gross, he would take two gross of sauce—he would have been allowed the regular trade price, 20 per cent.—I have known the prisoner, I think since 1839 or 1840—besides the sauce which he did not pay for, we purchased soy and, cayenne, and pickles of him—we only sold him sauce once—that could not be done at any other time without my knowledge—I should have known it by our book s.
COURT. Q. Have you taken any pains to ascertain the ingredients in the sauce? A. It is impossible to say—I should say there was a little soy—I should say there was no mushroom catsup—I do not know what "Harvey's sauce" is made of.
MR. BALLANTINE. Q. Do you know that the prisoner acted as agent for others? A. Agent for others, as well as on his own account.
MR. CLARKSON. Q. Had you ever seen the man who wrote to you
under the name of Gillingham? A. Only once—that was not the prisoner—the prisoner represented himself to me as Simmonds—there are several imitations of our sauce—we have brought four actions, and they have been successful in stopping the other imitations—they were real actions, and we recovered penalties.
FREDERICK COWSLADE . I am a printer, and live at Reading. I print the labels for "Cocks Reading sauce"—the labels on the bottle produced by Mr. Cocks were printed by me—neither of these on the other bottles were printed by me—they are a very good imitation indeed, the best I have ever seen—I observe a difference in the block and some portions of the type, and on the border—I print the block from a woodcut—our name is on them, as printers—it seems to be a facsimile.
MR. COCKS re-examined. The transaction of taking soy for sauce with Gillingham did not take place between us—he never supplied us with the soy, and we did not send the sauce.
COURT to J. N. HAYES. Q. Was any thing said about the bottles or their contents? A. On the 21st he said he had got twenty-four dozen, and showed me the invoice for twenty-four dozen.
MR. BALLANTINE. Q. You saw the invoice? A. Yes—he said, "Reading sauce"—he did not mention the term "bottle."
MR. HARKER re-examined. I do not think he mentioned the word "bottle" to me at all—I have been a customer of Cocks for many year s.
MR. BALLANTINE called
JOHN HANBURY . I am a grocer, and live in Pulteney-street, Islington. I have known the prisoner Gillingham between fourteen and fifteen years—I believe he was a general agent—he lived next-door to me many years—I believe him to be honest.
GUILTY on the 1st Count.— Judgment Respited.
1132. MARTHA HARRINGTON was indicted for stealing, on the 7th of February, 15l. bank-note; 10 sovereigns, 10 half-sovereigns, and 20 sixpences; the property of Augusta Paget, commonly called Lady Agusta Paget, her mistress:— also, for forging and uttering a receipt for the sum of 15s. 7d.— also, forging and uttering a receipt for the sum of 12s. 4d.; and embezzling the sum of 10l., which she has received on account of her said. mistress: to all of which she pleaded
GUILTY . Aged 40.— Transported for Seven Year s.
NEW COURT.—Monday, April 4th, 1842.
Fifth Jury, before Edward Bullock, Esq.
GUILTY . Aged 36.— Confined Eighteen Months.
(The prisoner received a good character.)
GUILTY . Aged 16.— Confined Four Months.
GUILTY. Aged 17.—Recommended to mercy — Confined Four Months.
JOHN BAILEY GRANGE . I live with my father, Thomas Grange, a coal-merchant, at Uxbridge. We lost some iron arms from our cart—I had taken them from the cart myself, and placed them under a sack on the wharf—in consequence of some information, I went to Higgins, and there found them—I have known the prisoner all my life, and have frequently seen him on the next wharf to ours.
Prisoner. The arms I sold Higgins were my father's. Witness. They are my father's—they are the same I took off the cart, to the best of my belief—I know them by the pin-holes, and their being very much won, but others might be worn in the same way.
JOHN HIGGINS . I am a general dealer at Uxbridge. On the 28th of March, about eleven o'clock in the morning, the prisoner came to me, and told me his father had got a pair of iron arms to part with; would I buy them?—I asked where they were—he said they were at home—he went and fetched them, and I bought them of him for 3s.—on the following Thursday they were claimed by Mr. Grange.
Prisoners Defence. They came off my father's cart.
NOT GUILTY .
1137. MARGARET SLATER was indicted for stealing, on the 2nd of March, 1 purse, value 7s.; 3 sovereigns, 2 half-crowns; 15l. bank-note; and one order for the payment of 2l. 11s.; the property of Harriet Wisby, her mistress.
HARRIET WISBY . I am single, and live at Chelsea. The prisoner was my servant for one week—on Wednesday, the 2nd of March, about half-past five o'clock in the afternoon, I missed my purse, which I had seen safe between three and four o'clock the same day—it contained a 5l. note, three sovereigns, two half-crowns, and an order for 2l. 11s.—I spoke to the prisoner about it, and she helped me to look for it—it was not found—the next morning I gave the cook and the prisoner in charge—we had no other servants—their boxes were searched, and nothing found—I have since seen the order, but not my purse, the money, or the bank-note.
Cross-examined by MR. PAYNE. Q. How long had the cook been in your service? A. The same time as the prisoner—they are about the same age—I keep a school with my mother and sister—I know the cheque by the name of the person who drew it, and my own name being on it—it did not belong to my mother or sister, but to me alone—the Prisoner came to us from Mrs. Coates, of Chatham-place, Blackfriars—we had a character from there with her.
March, as near as I can guess, she came there, and we went to the Crown' public-house in Fleet-lane—she called for 64. worth of rum and raspberry, then a pint of half-and-half, then a quarterni of rum, and then another pint of half-and-half—she offered a cheque in payment—I saw it, and should know it again—the publican said he could not change it—she turned round to me and said, "James, I can't get change for it, what am I to do?"—I said, "Give it to me, and I will try and get change for you"—she gave it me—I went out, but could not get change for it—when I came back the prisoner was gone—I asked the land-lord of the house to mind it—he said I had better take it to the station—as I was going to take it two policemen came in and asked me where it was—I said, "Here it is," and went to the station with them—I left the cheque with Mr. Martin at the station-house—the next morning the prisoner came to my house and asked for the cheque—I said it was at the station-house, if she would come with me I would get it for her—she went with me, and I told Mr. Martin she was the young woman that belonged to the cheque—he told us to call there at half-past twelve o'clock—we did so—Mr. Martin said the policeman had not come from the Mansion-house, would we call at six—we both went away again, and went back at fix, and then Mr. Martin said he must keep us both.
Cross-examined. Q. How came you to be in the public-house? A. I was helping the prisoner's cousin to move, and she met with the prisoner and a young man in the public-house—the prisoner took me to the public-house to give me something to drink—there was no attachment between us—I took the cheque with me to the station.
JOHN GAVIS . I am a milkman, and live in Tash-court, Gray's-inn-lane. The prisoner took me and Walders into the Crown in Fleet-lane to treat as, and paid for something in money two or three times—she then took a cheque out of her purse to pay for something we had to drink—the landlord looked at it and said he would not change it—Walders took it out of her hand and said he would get it changed—he took it away, and he was rather too long gone—she said she should go home, and I did the same—I only saw the cheque in her hand at the publican's—I never had it in my hand—I saw the prisoner the next morning in Farringdon-street, and went into the public-house with her and made inquiries about the cheque—we learned it was gone to the station—I went to Walders's house with her, and all three of us went to the station—they told us to come at half-past twelve—we went at half-past twelve, and they told them to come at six—I did, not go at six—the prisoner told me she had received this cheque and some gold of her former mistress, Mrs. Gregory, at Islington—that it was in Mrs. Gregory's care some time, and she paid her interest for it—as we were going to the station to see about the cheque, she said she had four sovereigns and two half-sovereigns (she had been home then)—she said she thought she had better drop it rather than have her name brought before the public—I said if her cheque was good there would be little trouble in getting it from the station—I said it was curious for her to go and change the note while she had change by her, and asked her why she did it—the said she did not know.
Cross-examined. Q. How long have you known her? A. About three or four year—she always bore a good character—she lodged with my mother.
ROBERT BEVEN SEELY (City police-constable, No. 226.) On Wednesday, the 9th of March, I was standing close to the Grapes public-house, at the corner of Fleet-lane—I received some information, went and made some inquiries of Walders—I took the cheque out of his hand, and took him to the station—this is the cheque I got from Walders—I have kept it ever since.
Cross-examined. Q. You took the cheque out of his hand in the public house? A. No, in the street—I called him out—he did not take the cheque to the station—I was out in the course of the day with the cheque making inquiries, so that the parties were obliged to come to the station two or three times.
Cross-examined. Q. Where did you leave your purse? A. On the dining-room table.
FREDERICK WHITE (City police-constable, No 328.) The prisoner came to the station—I took her in charge—she was searched by a female—she was asked about the cheque—she said she bought it of another Irish girl in the New Cut, and had given 2l. 12s. for it—I searched her box, and found a half-sovereign in gold, and her own wearing apparel.
Cross-examined. Q. How came she to tell you about the New Cut, did you ask her any question? A. The inspector asked where she got it, and she said that—it was mentioned that 2l. 12s. was more than the value of the note—she said she did not know the value—she thought it was a Bank of England note—3s. 1 1/2 d. was found on her.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy. — Confined Six Months.
1138. CHARLES HAMILTON LEE was indicted for stealing, on the 22nd of March, at St. Botolph Without, Aldgate, 239 yards of cantoon value 11l.; and 1 1/2 yard of canvas, value 1s.; the goods of James Martin, in his dwelling-house.
JAMES MARTIN . I am a wholesale slopseller, and live in Houndsditch, in the parish of St. Botolph, Aldgate. I was in my back warehouse on the 22nd of March, between nine and ten o'clock in the morning—I observed the prisoner walk out with a bale on his shoulder—he was about eight yard from my front door, in the warehouse—I did not see him come in—he had no business there—I immediately ran after him, and caught him about three yards from the front door—I laid hold of him, and he dropped the bale of goods—I brought him back and the bale—it contained 239 yards of can to on, worth 11l.
Prisoner. Q. Where did you see me with it on my shoulder? A Is the warehouse—I am sure of that.
(Property produced and sworn to.)
Prisoner's Defence. The prosecutor has sworn falsely against me.
GUILTY .* Aged 35.— Transported for Ten Years.
OLD COURT.—Tuesday, April 5th, 1842,
Second Jury, before Mr. Recorder.
1139. ROBERT FAIRFAX was indicted for feloniously breaking and entering the dwelling-house of John Osborne, on the 23rd of March, at St. Margaret, New Fish-street, and stealing therein, 3 shirts value 15s.; 2 razors, value 2s.; 11 handkerchiefs, value 10s.; 1 ring, value 2s.; 1 spoon, value 2s. 6d.; 1 miniature and frame, value 15s.; 1 yard measure, value 1s.; 1 pair of boots, value 6s.; and 1 watch key, value 6d.; his property.
EDWARD SPENCER . I live with my uncle, John Osborne, a coal merchant, in Fish-street, in the parish of St. Margaret, New Fish-street—he keeps the whole house. On Tuesday afternoon, the 22nd of March, about three o'clock, I had occasion to go up to a room at the top of the house—I found the door ajar, and the prisoner inside, trying to hide behind the door, on which some dresses hung—I asked what he did there—he muttered something about a lady—I collared him, brought him down to the first-floor, and then he struck me a violent blow on the forehead with a hammer—a good many handkerchiefs fell from him as I brought him down stairs—he broke from me—I pursued him into the street, and saw a gentleman stop him on the opposite side of the way—a policeman came up and took him to the station, where he was searched, and three shirts, two handkerchiefs, a silver measure, and other articles found on him belonging to Mr. Osborne—the street-door was open, but the room-door was kept locked and the key kept in an adjoining room, which was not locked—there is a door on the staircase, and that was closed—it was necessary to turn the handle of the lock to get to the stairs—I can swear that door was shut—1 had seen it shut that morning—it is usually kept shut—I saw the room door locked that day, and the key in a lower room, hanging on the dresser—I saw the room-door shut about ten in the morning—I saw the key in the adjoining room about three minutes before I found the prisoner there—I went there, as I was told the key was there—I found it there, but the door was unfastened when I went to unlock it—he might have used the key and put it back again.
Prisoner. I did not strike him on the head with the hammer. Witness. Here is a mark where he struck me.
WILLIAM ROSE (City police-constable No. 562.) I was on duty, and was sent for—I took the prisoner in charge from a gentleman—he was searched at the station-house, and three shirts, two razors, a silver spoon, a handkerchief, miniature, and a chisel were found on him—this hammer was taken from him in the street—the witness had blood running down his face—I applied the chisel to the door of the room—it appeared to have been forced open—there were scratches—I cannot tell whether the chisel had made those marks—the prisoner did not say any thing about the mode in which the door was opened—I do not recollect his saying anything of that sort-this is my deposition—(looking at it.)
JOHN OSBORNE . I am a merchant, and live in Fish-street-hill. These articles are my property—the shirt and handkerchiefs are marked with my name—this is my miniature—the prisoner said before the Lord Mayor that he had unlocked the door.
(The prisoner put in a written defence, pleading that poverty had driven him to the commission of the offence.)
GUILTY . Aged 20.— Transported for Ten Years.
WILLIAM WEAVING . I live at Hanworth, Middlesex—I deal in horses as a knacker. On the 17th of February I had a brown gelding, at grass in Lawrence's field, at the Red Lion public-house, Hampton—I took it there on Tuesday, and missed it about six o'clock on Friday morning the 18th—I found it in possession of Winterflood, of Kensington Gravel-pits.
Cross-examined by MR. PAYNE. Q. How long had you had the horse?—I bought it on the Monday to work, not to kill—it was very poor because the owner had starved it, but I knew it to be a good one—I gave 5l. for that and a cart—I had known it above twelve months, and am quite certais the horse found is the same—I had seen it very often—I have known the prisoner two years, and believe he bore a good character—the gate of the field was not locked—I should say the horse was worth from 3l. to 5l.—I did not see it in the field myself.
THOMAS WINTERFLOOD . I live in Rabit-row, Notting-hill, and collect food for pigs On the evening of the 17th of February I was in a house in Turnham-green, and saw the prisoner with a horse, which be offered for sale for 25s.—I gave him 22s. 6d. for it—he gave me this bit of paper—(read—Thomas Winter flood bought of William Book a horse1l, 2s.—I described him to Weaving, and he was apprehended.
Cross-examined. Q. Had you ever seen the prisoner before? A. Not to my recollection—I am certain of him—I could swear to him among a hundred—"when I saw him I knew him again—I took particular notice of him—he was with me from half-past five o'clock till eight—I was obliged to rest the horse and give him food to get him home—I could not lead him, I was obliged to drag him home—I live ten or eleven miles from the Red Lion public-house at Hampton—Redman was with me at the time.
JOHN REDMAN . I am a costermonger, and live in Sutton-street, Kensington. On the 17th of February I was at Turnham-green with Winterflood, and saw the prisoner with the gelding—he asked 25s. for it, and sold it for 22s. 6d.—I sold the prisoner a small square for a pint of beer after he had sold the horse.
Cross-examined. Q. Had you ever seen him before? A. Never—1 believe this square produced is what I sold him—I found it among some old iron I was sorting a few days before—I deal in iron.
Cross-examined. Q. How far is your house from Hampton? A. About a mile and a half—I gave him 3d. for the square—I have known him twelve or fourteen years, and never knew anything against him.
GUILTY .* Aged 27.— Confined One Year.
1141. JOHN SAVILL was indicted for burglariously breaking and entering the dwelling-house of Caroline Walter at St. Magnus the Martyr, about one o'clock in the night of the 10th of March, with intent to steal.
MR. BALLANTINE conducted the Prosecution.
MR. WILLIAM KNILL . I am a fruit-broker, and live at No. 27, Pudding-lane. On Friday morning, the 11th of March, about a quarter or half-past one o'clock I was returning home with Mr. Claridge who lives at No. 21, Pudding-lane—I was just parting with him—there is a flap to the cellar of Mrs. Walter, of the King's Head public-house—I heard a noise like the pin out of a Shutter, which drew my attention to the flap, and I saw a man get up—I suppose he was putting the flap into its proper situation—I was ten fifteen yards from him—he went away—I went down the lane to the flap, and found it partly open—Mr. Claridge and myself lifted it up and saw a man in the cellar—I closed the flap and stood upon it—he called out to me to let him come up, that he only went there to sleep—Mr. Claridge went and brought a policeman—they went into Walter's house and took the man into custody—it turned out to be the prisoner.
Cross-examined by MR. PAYNE. Q. You did not go into the house? A. No—I only stood on the flap—I saw the policeman take the prisoner out of the cellar.
FRANCIS CLARIDGE . I am a wine-merchant at No. 21, Pudding-lane. I was with Mr. Knill—he was taking leave of me—I heard a noise near Mrs. Walter's, and saw a man get up and run up the court by the side of the house—I went towards the flap with Mr. Knill—I saw nothing more than he has stated—we lifted up the flap, sarw the man, and when the policeman came we pulled him up from the flap.
Cross-examined. Q. You were both quite capable of seeing what was going on? A. Perfectly so.
ROBERT HART (City police-constable No 525.) I was called by Mr. Claridge on the night of the 11th of March—I went to Pudding-lane to Mrs. Walter's—Mr. Knill was standing on the flap—I lifted the flap and pulled the prisoner out by the collar, and took him to the station, then returned and searched the cellar—there is a partition which joins the passage leading to the far—the boards of that partition appeared to have been recently pulled down, and if entirely pulled down, they would admit a person into the passage—I had passed the house ten minutes or a quarter of an hour before, walked over the flap, and saw nothing unusual at that time—the prisoner said at the station that he was a watch pinion-maker, living at No. 8, Peerless-row, City-road—I went there next morning, and found his brother lived there.
Cross-examined. Q. He gave a correct account? A. His brother said he had not lived there these seven years, and that he was not a watch pinion-maker.
CHARLES EVERETT (City police-constable No 589.) I was at the King's Head with Hart—I examined the flap—it had the appearance of being forced with a bar—there was a mark which made me conclude so—it was such a mark as a crow-bar would make—I found a candle in the cellar, not lighted, but very soft as if it had been burning.
Cross-examined. Q. Was it tallow or wax? A. Tallow—it bad the appearance of having been recently lighted—the wick was soft—I did not find a crow-bar.
CAROLINE CATHERINE WALTER . I am the daughter of Mrs. Caroline Walter, a widow, who keeps the King's Head public-house, in the parish of St. Magnus the Martyr. I assist her in the business—there is a cellar-flop outside the house—I have seen it since this occurred, and the bolts are
wrenched off—they were not so before the 11th of March—I had seen it about a fortnight before—it was perfectly safe then—the flap leads into the cellar—there is a partition communicating with the passage, leading to the bar—I examined that partition, and found the boards removed away sufficiently for a person to get in—they appeared to have been removed by force—I had seen them perfectly safe the day before—there is a door from the cellar to the passage—an attempt had been made to force that door—the step had been moved away—I had been into the cellar the day before, the flap was perfectly right then.
Cross-examined. Q. You did not try to see if it was bolted the day before? A. No—the partition leads from the cellar to a passage leading up to the bar—it goes right up to the ceiling—it was broken enough for a person to get through.
GUILTY . † Aged 20.— Transported for Ten Years.
MR. CHARNOCK conducted the Prosecution.
THOMAS GREENWOOD . I am servant to John Irving, Esq., of Ashford, near Staines, Middlesex. In consequence of directions I received, I watched the premises, and on the 2nd of March, about eight o'clock in the evening, in consequence of what Mr. Dickens told me, I went into the rick-yard, and heard footsteps before me, of two men walking—I followed them, and as I thought, they got over some palings—I put my hand on one of their heads, and said, "Who are you?" but they got away directly—I went a doors and told my master, then went into the rick-yard again, and at the back of the barn there is a door opening inward—as soon as I pushed my back against the door, a man ran out—I found the prisoner coming out of the barn—I am certain he is the man—he had a sacking smock-frock on, and a red cap lined with white—this was half an hour after I had seen the two men—I pulled his cap off, and in the scuffle with him we both went down—he was at the bottom, and I on the top of him—he got away—I had known him long before, and am quite sure he is the man—he snatched the cap out of my hand—I searched the barn, and found two empty sacks, and two which had about two bushels and a half of corn in them—there was a good deal of master's corn in the barn—the sacks did not belong to master, but I believe the corn in them to be the same corn—I went with the policeman to several places, and at last found the prisoner.
Cross-examined by MR. PHILLIPS. Q. You found him at his daily occupation, threshing? A. Yes, at Mr. Harris's, with three other men—I do not know what house he lived in—it was a wetish night, and not very light—it did not rain very hard at the time—it was darkish—l am a labourer, and a watchman occasionally—I was never accused of any thing that I know of—I cannot tell what character people will give me—we took three people up on this charge—there was one here, but I believe he is gone—I cannot tell what has become of the other—I knew him—I did not swear to the man against whom the bill was thrown out.
MR. CHARNOCK. Q. Have you any doubt of the prisoners identity? A. I am certain he is the man.
consequence of the communication he made to me, I went to the barn and found two empty sacks, and two others with about five bushels of corn in the two—they were tied up in two places—I examined the wheat in the sacks—it corresponded exactly with that in the barn—I believe it belongs to master—I found two bludgeons in the barn, and a lantern—the sacks are not master's.
Cross-examined. Q. This is the ordinary kind of sacking? A. I have seen some like it—here are some marks upon them which are not common—they are not ours—there is a nail driven into this bludgeon, which would do much injury if a person were struck with it.
FRANCIS COOKE . I am a policeman. On the 2nd of March I went to the barn and saw the two sacks containing wheat, two empty sacks, the lantern, a cap, and two bludgeons, which I produce—I went in search of the prisoner, to Knowle-green—I at last went to a barn, and found him at work there about a mile and a half from the prosecutor's—I took him in charge—he had no coat on—I went to his house with him, and found two sacking smock-frocks, one of which he owned—it corresponds with the stuff of which one of the sacks produced is made, by the stripes front and back, in the sack, and the texture is the same—it was very wet and dirty, and marked with green mould.
Cross-examined by MR. PAYNE. Q. Is Ashford's on this side of the Thames or the other? A. It is in Middlesex, on this side the Thamea—you do not go through Staines to it—the prisoner lives about a quarter of a mile from the barn.
Cross-examined by MR. PHILLIPS. Q. It was a very wet night I belives, and the day before was wet? A. It was wet the night afterwards,—I do not think it was very wet in the evening—it was wet afterwards—I was not out.
EDWARD BURTON . I am a policeman. I have some sack-ties, which appear the same length, and the same sort of material as the ties to the sacks with corn in them—I found the ties in the pocket of one of the frocks which was owned by the prisoner who was discharged, but both owned it while we were there.
Cross-examined by MR. PHILLIPS. Q. Has the prisoner a brother? A. I do not know.
CHARLES GREENWOOD . I am servant to Mr. Irving. About three months ago I was at Mr. Harris's barn, the prisoner spoke to me—he was in company with two more, one of whom was his father—the prisoner asked me what Greenwood done about the farm—I said he jobbed there—he asked me if he watched at night—I said he watched at times.
Cross-examined by MR. PHILLIPS. Q. Who was present at the time? A. The prisoner—I have always said he spoke to me—both the men spoke—one spoke, and then the other.
(Charlotte Rose, and James Bevan, of Knowle-green; and Benjamin Bavin, of King-street, Borough, gave the prisoner a good character.)
GUILTY . Aged 34.— Transported for Seven Years.
HENRY BUSHEA . I live at No. 166, Strand. On the evening of the 31st of March, about half-past seven o'clock, I was going along Fenchurch-street, and felt something at my coat-pocket—I immediately turned round and found the prisoner behind me—I caught hold of him, and charged him with having my handkerchief—he said he had not—Jones was just behind me, and said the prisoner had just dropped the handkerchief—I saw it on the ground, about a yard and a half from me—I gave the prisoner into custody with it—he begged to be let off several times.
ELLEN CALLEN . I am a widow, and live in Meadow-row, Kent-road I was in Fenchurhi-street, and saw the prosecutor seize the prisoner, who had both hands behind him, and a light handkerchief in one hand—I saw him drop it close against the wall—I am certain the prisoner dropped it. THOMAS JONES. I am a porter, and live in Colchester-street, White-chapel. About half-past seven o'clock on this evening, I was in Fen-church-street—I heard a scuffle, turned round, and saw the prosecutor lay hold of the prisoner, and say, "You have got my handkerchief"—he said, "I have no handkerchief at all"—his hands were behind him—I saw the handkerchief drop from behind him on the ground—nobody but him could have dropped it—I saw it fall from his back—I pointed it out to the prosecutor, who took it up.
(Property produced and sworn to.)
Prisoner's Defence. Another young man before me happened to pick the gentleman's pocket; I was close to his elbow; he dropped the handkerchief by the side of me; the gentleman took hold of me, and said I took it.
GUILTY . Aged 18.— Confined Six Months.
JOHN CHAPMAN . I was horse-keeper to William Chaplin, I am now a labourer, and live in a cottage in the stable-yard belonging to him, near Whetstone, Middlesex, and look after the premises—I missed some lead from the gutter between the spars of the roof of the stable, and about the 26th of March (Saturday), I went into the loft, looked through the sky-light on the roof, and saw some lead lying in the gutter, close by the sky-light—it was William Chaplin's stable.
MARY CHAPMAN . On Saturday, the 26th of March, I beard a noise in the stable, and saw the prisoner outside on the roof, through the sky-light—I said, "What are you after there"—he came down and said he wanted George Dover—he went away, and when my husband came home I told him what I had seen—he found some lead torn off the roof, and called in the policeman.
Prisoner. Q. Did you see me take anything? A. No—the lead was found torn off where you were.
Prisoner. The door of the loft and the sky-light was open; I wanted to see Dover, and thought he might be out there.
THOMAS BUEY (police-constable S 252.) I was called about half-past six o'clock, by Mrs. Chapman, who told me something—I went up and found her husband in the loft, and this lead on the roof, doubled up—it bad been taken from part of the gutter, about eighteen inches of lead was carried away—there was a good deal more partly taken off, to be carried away—this quantity was quite off—I took it down—I found the prisoner in the neighbourhood, and took him about half-past nine the same evening—I asked what he did on Mr. Chaplin's stables—he said he did not know that he had any business there—I cautioned him not to say anything, and he said no more—the lead was fresh torn off.
Prisoner's Defence. I went there after Dover on the 26th, to get measured for a foot-iron; he was not in the shop; I proceeded to the stable-yard and saw the door open; I could not see him in the stable, and seeing the loft-door and sky-light open, I went up to see if he was there; as I came down I saw Mrs. Chapman; she asked what I wanted; I said I wanted Mr. Dover; she said I had no business there, and that evening I was taken; I was taken before a Magistrate, and they said they could do nothing with me; I was taken again on Monday.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Two Months.
JOHN RAY . I am a labourer at Billingsgate-market, and live in Chapman-street, St. George's in the East. On the 16th of March, between eight and nine o'clock in the morning, I was in Billingsgate-market, and saw the prisoner in a boat, with cod-fish in it—I saw him remove two fish out of the boat, and put them into another boat lying alongside—I informed Newson.
ROBERT NEWSON . I am a fellowship porter, occasionally employed by James Ebenezer Saunders, junior, a fish salesman. I was sorting out fish from a boat called the Hunter—I went down into the boat, and found the prisoner there—he had no business there—I said, "You go ashore, you have no business in this boat"—he said, "What for?"—I said, "You have planted two fish away"—he said he had not—I said, "You have," and took him out into the next boat, showed them to him, and said, "Here they are"—he said if I told him that again he would punch my b—head off, and if he had been minded to take any he should have taken larger ones; but the larger ones had been taken out before—I called Esden to turn him out of the boat—a scuffle ensued—he struck Esden, Kicked him, and tried to bite him—I was obliged to go on shore, and sent Green, the officer—when I returned I saw him strike Esden with a mopstick—he had put the fish into the Lord Rivers, and when all the fish was cleared away, he might take the fish on shore without being seen.
GEORGE ESDEN . I am assistant to Mr. Gouldham, the clerk of the market. I was on board the Hunter—I took the prisoner—he seized me by the collar, threw me down on the hatchway deck, kicked me, and afterwards. took up a mop-stick, and struck me till he broke it, he then seized me by the throat, and held me till Green came and took him from me.
Prisoner. He kicked me. Witness. I did not—I merely told him to go out of the boat—he struck himself in the scuffle with me I think he was in liquor—he is a desperately bad character—the boats are continually robbed in the night.
WILLIAM GREEN . I am a constable of the City, and assist Mr. Gouldham, the clerk of the market. I found the prisoner scuffling with Esden, holding him by the throat, with his knuckles stuck in his throat—I parted them, and sent the prisoner on shore—he immediately went into the office—I afterwards heard he had committed the felony.
Prisoner's Defence. On that morning I stepped into the hatch-boat, as I generally clean her, and get 3d. and my breakfast for doing it; as I came over the vessel, Green came and told me to go on shore; I said, "I am going directly;" he gave me a kick; I caught hold of him, and we had a struggle; he held me down, and said, "I will chuck you overboard"—I said, "Well, we will both go together," and he bit me.
GUILTY . Aged 18.— Confined Three Months.
NEW COURT.—Tuesday, April 5th, 1842.
Sixth Jury, before Mr. Common Sergeant.
1146. EDWARD PULLEN was indicted for stealing, on the 28th of February, 1 pair of shoes, value 2s.— also, on the 24th of February, 5 pencil-cases, value 1l. 15s., the goods of William Dawson, his master;— also, on the 24th of February, 1 handkerchief, value 55., and 1 shirt, value 5s.; the goods of William Daw; to all of which he pleaded
GUILTY .†Aged 16.— Confined Six Months.>
1147. JOHN FRANCIS. alias Rowland, was indicted for stealing, on the 13th of March, 1 handkerchief, value 5s., the goods of Richard Weaver from his person; and that he had been before convicted of felony: to which he pleaded
GUILTY . Aged 18.— Confined Two Years.
MR. DOANE conducted the Prosecution.
SARAH SEDDON . I am the wife of Thomas Seddon, who keeps the Swan public-house at Drayton. The prisoner was our domestic servent between three and four months—in consequence of suspicions which I entertained on the 8th of March, I marked eight shillings, and put them into my till—I saw the prisoner in the bar that day—I first missed one shillling, and afterwards the others—I told my husband next day, a policeman was called in, her box was searched, in her presence and my own, and two of the marked shillings were found in it—she seemed very much confused, and said if I would forgive her she would return me the money she had taken—I asked her what she had done with the other two shillings—she said if I would forgive her she would tell me.
Cross-examined by MR. PHILLIPS. Q. What was the prisoner? A.
servent of all work—we only kept one servant—I never left my till unlocked except by accident—she had no key to it—it was unlocked at the time she got to it—I had left it unlocked by accident—I have missed money before, when I have left it unlocked, which was very seldom—I accidentally left it unlocked for five minutes about two o'clock in the afternoon and again about half-past six—she was in the room at the time—I did not leave it unlocked to give her the opportunity of taking the money—I did it accidentally both times—I marked the money on the 8th—I did not do it by the policeman's advice, but out of my own head—I did not see the policeman till the 9th, after I had missed the marked money—I did not say any thing to the prisoner when I missed the money at two o'clock—I locked my till then—I unlocked it again about half-past six, and left the room for a few minutes, leaving the prisoner there—I went to the till for money, and did not lock it afterwards—I did not leave it unlocked on purpose particularly—I forgot it at the moment—I examined the till before I left the room at half-past six o'clock, to see that the money was right—I am sure I left it unlocked by accident.
MR. DOANE. Q. Was your husband absent when you missed the money? A. Yes—he came home next morning, and the policeman was then sent for.
RICHARD HENRY RIGALSFORD (police-constable T 175.) On the 9th of March I was called in by Mrs. Seddon—I went into the prisoner's bed-room, the prisoner was present—Mrs. Seddon said she wished me to search her box, as she thought she had got some of her money—the prisoner said she had not any money belonging to Mrs. Seddon—she then pot her band into her box, took out a bag, and gave it to me, saying there was no money there belonging to Mrs. Seddon—I found in the bag three half-crowns and two franc-pieces, two shillings, four six-pences, and two fourpenny-pieces—I asked Mrs. Seddon if the money was here, and she picked out two of the shillings—the prisoner then burst out crying, and said it was the first time she had done such a thing, and if her mistress would forgive her, she would give her all she had got.
MRS. SEDDON re-examined. These are two of the shillings I marked on the 8th—I put three marks over the face, and two across—I have others marked to correspond.
GUILTY. Aged 16.—Recommended to mercy. — Confined Eight Days.
WILLIAMS pleaded GUILTY . Aged 24.CROMPTON pleaded GUILTY . Aged 19.
Confined Eight Days.
SARAH NEGUS . I am the wife of Thomas Negus, a baker of Lower whitecross-street. About a quarter to eight o'clock, on the 29th of March, the four prisoners came to our shop—Williams and Crompton came inside, the other two were outside—Williams asked for 2d. worth of bread—before I could serve him, he asked what the half-quarterns were—we told him—he took two loaves, broke them in halves, gave one to Crompton, and kept the other himself—we asked him for payment—he
turned round, laughed, and they both went out of the shop—I followed and told a policeman—when they got outside they broke the loaves again again the tops from the bottoms, and gave half of each to the other two prisoners——they then all ran a litttle way, then stopped, and ate it going alone—I gave them into custody.
Knight. Q. Can you swear you saw me outside the door? A. Yes—. and I saw you eating the bread.
Knight. We did eat the bread, because we were very hungry, but we walked, and did not run.
Boulditch. We were fifty yards from the door. Witness. No, they were not—this is the fifth time we have been served so, and we forgave them all but this once—there was no violence used—there were no other persons with them.
WILLIAM IRELAND (City police-constable, No 130.) I took the prisoners into custody—I found part of the bread on Williams and Crompton, and some tickets for the Refuge for the houseless, also one ticket on Knight—they give them a supper, a breakfast, and a bed to lie on at the Refuge.
BOULDITCH— GUILTY . Aged 17.— Confined Eight Days.
KNIGHT— GUILTY *. Aged 17.— Confined Three Months.
SINKFIELD pleaded GUILTY . Aged 16.— Confined Three Months.
SAMUEL GOODWIN . I am in the employ of Thomas Davis, shoe-maker, of Holborn-bridge. On the 11th of March, between eleven and twelve o'clock, a lady came into my shop, and told me something—I went out, and saw Sinkfield running towards Skinner-street—I followed him a few yards—I saw nothing with him—I looked round, and saw Bennett running up Snow-hill, about 100 yards from the shop, with a basket—I called out, "Stop thief!"—he threw down the basket, and these boots dropped out—they are my master's—I am sure Bennett is the person who dropped them.
Bennett. Q. What do you know me by? A. Your countenance—you were not dressed as you are now—I swear positively to you.
MARY CONNOR . I was going by the prosecutor's shop, and saw Bennett with a basket—he opened the basket, and Sinkfield put the boots in, saying, "It's all right"—one went one way, and one the other—I gave information to the shopman—I waited till they were brought back to the shop, and they both denied having ever seen each other.
Bennett's Defence. I know nothing at all about it.
BENNETT— GUILTY .* Aged 16.— Confined Six Months.
1151. ELIZABETH NIGHTINGALE was indicted for stealing, on the 26th of February, 1 handkerchief, value 2s. 6d.; 5 yards of ribbon, value 2s.; 4 yards of lace edging, value 4s.; and 3 pieces of silk, value 6d.; the goods of Thomas Ward.
ELIZABETH WARD . I am the wife of Thomas Ward. I was staying with my brother George Ellis, at Clay-hill, during my confinement. The prisoner was engaged to attend on me, by my brother—she left on the 27th or 28th of February—I was too ill to look after my things at that time—I have since missed a brooch, five yards of ribbon, some lace, and some
pieces of silk—these now produced are my property—I have marks on them by which I am able to swear to them—the brooch has not been found, it is worth two guineas.
JOHN COLLINS . I am a policeman. On Wednesday, the 28rd of March, I went to the prisoner's sister's house, in Enfield-lane—I found the prisoner there, and told her she was suspected of having stolen some property belonging to Mrs. Ward, and asked if she had any thing belonging to herself at her sister's—she said, "No"—I asked where her box was, she said at her mother's, in Parker-street, Enfield, and there was nothing in it but what belonged to herself—I went there—the mother produced the box, and the prisoner the key—it was searched in the pretence of Mr. Ellis's sister, and these articles found in it—the prisoner said it was all she had taken and all she had got—I am not certain which. Prisoner's Defence. The things belong to me.
GUILTY . Aged 17.— Confined Three Months.
HENRY GEORGE HARRISON . I live in George-yard. About a quarter to ten o'clock, on the 11th of March, I went with a cart to fetch some coals for my shop—when I got as far as Skinner-street, Bishopsgate-street, I went to speak to a person on business, leaving a hamper of coals in the cart—on my return I found the tailboard of the cart down, and the hamper and coals gone—I called a policeman—we walked up Skinner-street, and saw coals along the ground—we traced the coals to the farther end of Skinner-street—we went into a house there, went down stain, and taw a woman and two men—the policeman spoke to her about it—she said something—we then traced the coals up the stairs—the policeman knocked at the door of the back-room, first-floor—after doing so I heard the window of the room open, something thrown out, and the window shutdown again—I think the prisoner opened the door, but I cannot say—a young woman was in the room—I did not look out of the window—I found part of the coals in the room—they resembled those I lost from the cart—the hamper was found down stairs in the yard behind the house, with a lot of coals in it—the person who threw any thing out of the window would throw it into the yard where the hamper was found—I compared the two coals together, and they resembled each other—I should think a woman could not carry the hamper—the prisoner did not say any thing about the coals—the hamper was brought up into the room—it was mine.
MARY GRAVES . I live in Skinner-street. The prisoner lodged in the hack-room, first-floor—I was in the yard about half-past ten o'clock at night, and saw the prisoner shove the window up, put the hamper on the ledge of the window, hold it out, and drop the coals right down, hamper and all.
GUILTY . Aged 30.— Confined Three Months.
WILLIAM NALSON . I am in the employ of Daniel Dodson, a bookseller, in Fleet-street. About nine o'clock at night, on the 19th of March, Follett told me something—I instantly went to the front window, and missed book from one of the shelves—I went outside, and looked, but could not see the prisoner—about five minutes afterwards I saw him on the other side of the street—I went across with Follett, and caught the prisoner with this book concealed under his coat—it is the one I missed, and is my master's—the book was at least three feet inside the window—to window was not shut.
Prisoner. I was passing down Fleet-street, and met a young man; he asked me to go to King William-street with him; I said I had no objecttion; we had some porter together; he gave me this book, and asked me if I had any objection to carry it; I said, "No." The gentleman ran, and laid hold of me and the other young man. It is not likely if I took the book I should pass the shop again. Witness. There was another person with him—I saw him put the book down by his left side—I should say three or four minutes elapsed from his taking the book and coining back again—one went to the right, and one to the left—they parted at the window—one engaged the young man that was minding the window in conversation, while the prisoner stole the book—he opened it under pretence of looking at it, and then walked up Fleet-street with it.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 20.— Confined Six Months.
WILLIAM LAMPARD . On the 14th of March I was drinking with the prisoner, in the tap-room, at the Paul Pindar, public-house, in Bishopsgate-street—she was a fellow-servant of mine, and I went there with her after I had done my work—I fell asleep, and lost my watch out of my pocket—I was not half drunk—the quantity I had would not make me so.
SARAH JONES . I am servant at the Paul Pindar public-house, in Bishopsgate-street. Between nine and ten o'clock in the evening of the 14th of March, the prosecutor and three women, one of whom was the prisoner, came in—they had some drink—the prosecutor fell asleep—he was half tipsy—I saw the prisoner take the watch out of his pocket, and put it into her bosom—she came to the front of the bar, and said, "My watch is exactly right by your clock"—the parlour bell rang—I went, and when I came back they were gone.
and took the prisoner into custody—he said she had robbed him of a silver watch—she said she had not—she denied it all along.
Prisoner's Defence. I did not take the watch from his person; we were both in liquor; we had liquor before we went in there.
GUILTY . Aged 22.— Confined Six Months.
JOHN LEWIS . On Monday, the 28th of March, some lead came up to Thomas Grace's—we unloaded part of it that night, and the remaining part the next day—it was in a barge by the side of the wharf at Thames-bank—the lead was all safe at three o'clock in the afternoon of Monday—I counted the pigs, and three were gone on Tuesday morning—I believe the lead now produced to be the lead we lost on that occasion—there are marks on it corresponding with what we have—it is Thomas Grace's.
JOHN DANIEL IVES (police-inspector.) Between five and six o'clock on Wednesday morning, the 30th of March, I met the prisoner at the top of Whitefriars, carrying this saw under his arm—I watched him some time, and saw him go down Stapleton's wharf, Whitefriars—he got to the bottom, looked abou him, and went over two barges into a third, called the Susan, belonging to Mr. Moales—he opened the cabin, and went down—I went there myself, and heard him sawing—I went down, and found him in the act of sawing a pig of lead—he had got about three quarters of an inch through it—the lead must have been removed to there from Mr. Grace's barge in a boat—it is stamped.
WILLIAM HOOPER . I am a watchman I saw the prisoner on the premises at half-past two o'clock in the morning—he took my boat, unlocked the sculls, and went away with it up the river—he had nothing with him at the time.
GUILTY .* Aged 42.— Confined One Year.
MR. PHILLIPS conducted the Prosecution.
JOHN ADAMS . I am a surgeon, living in New Broad-street. On Monday morning, the 28th of March, about a quarter past one o'clock was in Little Moorfields—(I had spent the day in Providence-row, not far off—I was on my way home—I had dined at my father's, and had one home with a friend, a clergyman, afterwards, for an hour)—the two prisoners met me—they were walking side by side—one clasped me suddenly round the waist, and requested me to treat her—I could not immediately disengage myself—the other was at the back of me—for a few moments I was in close contact with them—a few moments after, I felt in my pocket, and missed my pencil-case, and 1s. 6d.—I doubted which to accuse, not knowing which had done it—I immediately consented to treat them—I had passed a policeman a few minutes before, and it was with the object of securing them both that I offered to treat them—I took
them to a policeman, and gave them into custody—the pencil-case is a gold one—I gave 4l. for it.
Cross-examined by MR. PAYNE. Q. Which was in front of you, and which behind? A. I cannot say—they were both in cloaks and the cloaks disguised them—I did not lose sight of either of them for moment—I did not intend to treat them—I did not know which to follow and if I had spoken, one would have gone one way, and one the other.
Cross-examined by MR. BALLANTINE. Q. Were you quite sober at the time? A. Perfectly—I had been drinking, but not enough to have any effect on me—I had dined at my father's—I had no conversation with the prisoners before they pressed on me—it was a momentary occurrence—I kept them both in view till I saw a policeman—Archer got away after the policeman caught bold of her, but not before—I saw her get away—I kept in the middle of the road, and kept my eye first on one and then on the other—I saw Archer taken again.
HENRY AMBROSE (City police-constable, No 146.) Mr. Adams gave the two prisoners into my charge on the morning of the 28th of March—in proceeding to the station, they began to scuffle with me in New Union-street, and Archer got away from me—she fell, about fifteen yards from the prosecutor—Smith brought her back—on our way back from the station to where I took them, Smith found this pencil-case—I saw him pick it up and he gave it to me—I showed it to the prosecutor—he recognised it—he was quite sober—it was picked up in the way the prisoners bad gone—8s. 6d. was found on one prisoner, and 6s. and a duplicate on the other.
Cross-examined by MR. PAYNE. Q. You kept hold of Cook all the time, so she could not have thrown the pencil-case away? A. No, I kept hold of both her wrists all the way.
Cross-examined by MR. BALLANTINE. Q. How far were you from Smith when you saw him pick it up? A. From two to three yards—I did not see it on the ground before he picked it up—he said, "Oh, here is the pencil-case."
GEORGE SMITH . I am a private watchman in Moorfields. Ambrose called me—I saw Archer get away—I took her again—on lodging the prisoners in the station, I went back with Ambrose, and picked up the pencil-case, about a foot from the curb, in New Union-street—that is a street the two prisoners had passed through with me—I marked the spot where I was called to assist the policeman—I picked the pencil-case up just on the spot where I was called.
Cross-examined by MR. BALLANTINE. Q. What did you mark it by? A. By the number of the doors—it was opposite No. 4,—I was examined before the Magistrate—I was a witness on another charge before this—the Magistrate did not discharge the other persons—he punished them—I do not know what case it was—I do not recollect whether it was against two boys—yes, it was—I cannot say when it was—I think it was the same day as I was examined against these women.
Q. On your oath, did not the Magistrate discharge both the boys because he would not believe a word you said? A. I do not know what case it was.
pointed out to me—I have heard it spoken of—it was not the place where I was clasped round the waist—the pencil-case has a large head to it—I sometimes find it is not sufficiently placed in my pocket, but it seldom falls out, as it is heavy—the scuffle took place in Moorfields.
HENRY AMBROSE re-examined. The pencil-case was picked up in New Union-street—Smith came up there—I took Cook to the station, which is about five hundred yards from New Union-street—Smith went with me—I did not see the pencil-case picked up till I returned from the station—it was about forty yards from the corner of Moorfields—it was just the same not from whence Archer ran away.
Cook. We met the gentleman at the. corner of New Union-street, which comes into Little Moorfields; he caught hold of Archer, and took indecent liberties with her.
Archer. I was in his company half-an-hour and more, MR. ADAMS re-examined. She was hardly two minutes with me.
NOT GUILTY .
WILLIAM DONOGHUE . I am in the service of Charles Hook, a linendraper, in St. John-street. About eleven o'clock in the morning of the 2nd of March the prisoner came to my shop—I asked what he wanted—he said the servant who had just gone in was his aunt—I turned my back, supposing they were going to talk together—I had got a few steps away, when I heard him call "Mary" at the door—I missed a shawl from the counter, which I had seen a few minutes previous)—he ran—I followed, and saw him fifty or sixty yards off, in company with another boy and a girl—I took him, and asked him for the shawl he had taken away from our shop—he said he had not taken, or not got any thing—I asked what the girl bad got in her basket—he said some butter, that she had been to the cheesemongers's—I opened it, and there was some butter—the third party ran away—I have not found the shawl—I did not see the prisoner with it—It was there at the time he came in, and when he went out it was gone—no one had been in in the mean time—the servant who came in at the same time he did was no relation of his at all.
JURY. Q. Have you any more shawls of the same description in your shop? A. No.
Prisoners Defence. The gentleman came and caught hold of me, and asked me for the shawl; I said I had not got it.
GUILTY . Aged 13.— Transported for Seven Years.—Convict Ship.
1159. WILLIAM CROWTHER was indicted for stealing, on the 26th of March, 1 shift, value 3s.; and 1 flannel petticoat, value 2s.; the goods of Priscilla Keate: and 1 petticoat, value 1s.; and 2 pillow-cases, value 2s.; the goods of James Vaughan.
PRISCILLA KEATE . I am in the service of Mr. James Vaughan, of Cannon-street. About half-past eight o'clock in the evening of the 26th of March was sitting in my master's parlour—I saw a young man come into the shop, and stand against the counter—I told my mistress, and she went,
and missed a bundle, containing a shift and petticoat belonging to me, and some pillow-cases and shifts of her own—I do not know the man that came in.
WILLIAM RICHARDSON . I live in Carpenter's-buildings, St. Dunstan's-hill. I was coming up Cannon-street about half-past eight o'clock that evening—I saw a young man, whom I take to be the prisoner, walk out of the prosecutor's shop, with a bundle under his arm—I followed him—he ran down Bush-lane—I overtook him in Thames-street—I saw him drop the bundle.
Cross-examined by MR. PHILLIPS. Q. Are you sure the prisoner it the person you saw running? A. Yes, and that I saw him drop the bundle.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Three Months.
OLD COURT.—Wednesday, April 6th, 1842.
Third Jury, before Edward Bullock, Esq.
1160. FREDERICK WILSON alias REES was indicted for that he being in the dwelling-house of John Henry Kampf, at St. Leonard, Shoreditch, on the 7th of March, about the hour of twelve in the night, did steal therein 34 watches, value 57l.; 8 pair of spectacles, valued 4l.; 28 brooches, value 4l. 10s.; 145 rings, value 39l.; 2 watch-keys, value 15s.; 2 seals, value 10s.; 1 stick mounted, value 3s.; 6 watch-pendants and bows, value 1l.; 8 other watch-pendants, value 10s.; 14 watch-bows, value 14s.; 8 spoons, value 3l. 10s.; 1 locket, value 1s.; 17 breast-pins, value 4l.; 2 necklaces, value 10s.; 1 watch-ring, value 5s.; and 1 bodkin and case, value 1s.; the goods of the said John Henry Kampf; and afterwards, about the hour of twelve in the night, feloniously and burglarioualy did break out of the said dwelling-house: and that he had been previously convicted of felony; to which he pleaded
GUILTY . Aged 18.— Transported for Life.
JOHN WOOLMER . I am a linen-draper, and live at No. 73, Alderagate-street—I saw the prisoner at my shop on Friday, the 4th of February, he said he should want some linens to show a customer—I had known him five or six years—he said he was going to show them to Mr. Cheslett, living at an eating-house opposite the Post-office—he looked at the linens, said they would do, and he would call again the beginning of the week, and on Tuesday afternoon, between two and three o'clock, he came and saw them again—they were packed up—I sent my son with him, with instructions not to leave the linen, nor to leave the prisoner without the money or the goods—he and my son went away with the goods to show Mr. Cheslett.
Prisoner. Q. How long have you known me? A. Five or six years—when we lived in Friday-street I sold you goods for a bill on a party
who I knew—I do not think there was a balance" remaining, which you paid me at the end of the month—I could not swear it without referring to my books—when you called about the linen, my son showed you the goods—you called again and said you should want them sent down to Mr. Cheslett's—they were never delivered to you—they might have been handed to you to carry—I never said they were delivered to you—I fixed the prices—I do not know whether you or my son carried the goods—I rather think you took them—they were not given to you—they were lying on the counter, and I think you took them up, and my son walked with you—you did not ran out of the shop—I think they were 16 1/2 d. or 18 1/2 d. a yard—you were to send back the money or the goods.
COURT. Q. When were these dealings with you in Friday-street? A. I think in 1806 or 1837—I neither let him have these goods for sale, nor to tell on commission.
Prisoner. A day or two previous I had eleven yards of flannel, which I sold and sent the money back by his porter. Witness. Yes, you had eleven yards of flannel on the Friday, and my porter went with you and brought the money back—I was not present, and cannot say whether you paid him the money to hand over to me.
HENRY WOOLMER . I am the prosecutor's son, and assist him in his business—the prisoner came on the Friday previous to the 8th of February—I was present—he wanted eleven yards of flannel, and said he should want a piece or two of linen in a day or two, to show the same party, Mr. Cheslett, and of course the transaction would be carried on in the same way as the flannel was—he came again on Tuesday morning, and saw me first—he asked if anybody could go with him with the linens—I said the porter was gone to dinner, but if he would look in about two boors after somebody should go with him—he called again—the linens were packed up and laid on the counter—my father said, "You had better put your coat on and go with him"—I did so—he said, "Will you any the linens or shall I?"—I said, "Oh, you may carry them," and he took them off the counter—I went with him to Mr. Cheslett's, St. Martin's-le-grand, opposite the Post-office—I waited outside—he came out with the linen again—he said nothing, but went into a pork-butcher's next door—I waited outside—he came out again, but said nothing till we got under the portico of the Post-office—he had the linen with him, and said they had suited themselves with linen, but would very likely want some flannel, and if I would go with him to Maiden-lane, he should very likely sell a piece there—he went into the Angel and Crown public-house—I waited about five minutes—he came out and said the gentleman was up stairs shaving, but if I would wait ten minutes he had no doubt he should sell him a piece, as he was a good customer—he went in again—I waited outside half-an-hour or more, and finding he did not come out, I went in to inquire, and ascertained there had been such a person showing some linen to the gentleman, and he had gone out at the back-door—I found there was another way out of the house—I saw nothing more of him till he was in custody—I have never seen the linen since—it was worth 3l. 13s. 8d.
Prisoner. Q. Did you tell me the price of the linen? A. I did—16d. and 18d.—I cannot swear I did not tell you to get 2s. for that at 18d.—you had none at 1s. 1d. a yard—I did not deliver you the linens—you took them off the counter—you had nothing else but patterns of flannel.
JAMES BAKER . I am a policeman. I was in Watling-street on the 10th of March, about half-past one o'clock, Mr. Woolmer's porter brought the prisoner to me and gave him in charge—I took him to the station.
Prisoners Defence. I have had goods of the prosecutor before, and paid for them; in this instance I had an order for a piece of Irish; I took two pieces with me in case one might suit better than the other; I went to the place to effect the sale; they had been supplied, and did not require any at present; I went to the Angel and Crown public-house, thinking I might sell goods there; I waited there half-an-hour; the gentleman was engaged; I went out at the Wood-street entrance, which is not a back-entrance; I went to look for a better market for the goods; it is usual to obtain goods on approbation; it was my intention to return and pay the money, but I did not; I have lived in the City seven years, and bone an unexceptionable character.
GUILTY . Aged 28.— Confined Six Months.
Before Mr. Justice Coleridge.
MESSRS. DOANE and LUCAS 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 Underwood, otherwise John Hunt, in this Court, in November last—I have examined it with the original record, it is a true copy—(read.)
GEORGE SPENCER . I am servant to Mr. Green, a chemist, of Ebury-street, Pimlico. On Tuesday, the 15th of March, about a quarter before nine o'clock in the morning, the prisoner came to the shop for a 1d. worth of magnesia, which I gave him—he gave me a bad sixpence—I saw it was bad at the time, and told master of it—I gave it to Climpson, the constable—the prisoner said he lived at No. 12, Eaton-lane, and that his mother had sent him for the magnesia.
COURT. Q. You had never seen him before, I suppose? A. No, he was not out of my sight till he was given into custody—I showed the six-pence to Mr. Green, but did not give it to him—it was in my hand—I handed it over to him when I saw it was bad—he looked at it, and gave it back to me again—I gave it to the constable about five minutes after—during that time I had it in my sight—I laid it on the desk—there was no other money there—I am certain I gave the same sixpence to the constable.
WILLIAM CLIMPSON (police-constable B 162.) I was called into Mr. Green's shop on this morning, and found the prisoner there—I received a sixpence from Spencer, which I produce—I have had it ever since, kept separate—I took the prisoner to the station—he told me he lived 12, Eaton-lane, I went there with him, but before I got there he said was no use going there, for he did not live there—I asked where he lived, but he declined saying any thing—I took him to queen-square Police-court—he was remanded until the 21st, and was then discharged—there was no proof of his passing any other money then.
Westminster-road. On Friday, the 25th of March, the prisoner came to my shop, and asked for a penny bun—I gave it him, and he gave me a sixpence, which I discovered to be bad—I gave it to my wife, and sent for the constable—I did not lose sight of the sixpence—it was all the while in my wife's possession—she kept it, and delivered it to Brett—I kept the prisoner in the shop till Brett took him—I had never seen him before.
JOHN BRETT (police-constable B 127.) On the 25th of March I received the prisoner in charge, at the house of Fulton—I received the six-pence from Mrs. Fulton—the prisoner said a gentleman gave it to him, for carrying a parcel—he told two or three different stories—I produce the sixpence—I have kept it separate from others ever since.
JOHN FIELD . I am inspector of coin to the Mint—this sixpence and the two parts of another are both counterfeit in all respects—they are not made from the same mould—the one produced by Brett is broken.
GUILTY . Aged 15.— Transported for Seven Years.
JOHN BROWN . On Christmas-day last I lodged at the Stag public-house, Castle-lane, Westminster, and was in the tap-room that evening—the prisoner was there—I knew Thomas Quin, who is dead, he was there—there was drinking going on, and there was a fight between the prisoner and a man named Charles—Quin said to the prisoner, "You ought to be ashamed of yourself, for fighting an old man so forward in liquor"—the prisoner was not forward in liquor—he immediately turned round, and struck Quin on the cheek-bone, under the right eye, with his fist, I believe—the deceased fell on the floor from the blow—no other blow was struck by the prisoner—the deceased was helped up by the company, and complained of being in great pain in his ankle—he was put on the settle and sat down—he had been drinking, but not to excess, I believe—he seemed to have had sufficient—the fighting went on a little after, and then the room got quiet—the deceased did not fight at all—nobody touched him after that—I went away, leaving him there, and never saw him again.
Prisoner. Q. Did not you see the deceased catch hold of my shoulder, when the man struck me? A. I did not observe it.
Prisoner. I never struck him at all, I only twisted myself from him, and he fell down. Witness. I did not observe that—I never heard him swear—the fight began with your fighting with Charles Henry.
COURT. Q. Did you observe that the prisoner struck Quin a blow? A. I did, and he fell from that blow.
GEORGE FRASER . On the 25th of December I was at the Stag public-house—I went after ten o'clock—there was no fighting going on then—it was all quiet—I saw Quin sitting in one corner of the room on the settle—the prisoner was not there then—I remained there till after eleven, and carried Quin the principal part of the way home—he walked part of the
way—a man named Selwood was with me helping him home—he could not walk, as he complained of his foot being bad—when I got him by the side of his own bed I took his shoe off—his ancle was swollen—he seemed as if he had been drunk and recovered from it from being asleep—I left him to himself—I did not undress him—he was single, and lived in a room by himself—I saw him again next morning—his ancle then was swollen—he was sitting by the fire in the next house, not in his own house bathing it with some vinegar—I saw him afterwards in the Westminster-hospital—I went there with the prisoner to see him—he did not make any charge against the prisoner at any time in my hearing—the prisoner accompanied me as a friend to see him, and stood by his bed nearly an hour.
Prisoner. I asked if he had any charge to make. Witness. I heard him ask him if he thought it was his fault that it was so bad—the deceased said he could not account which way it had been done, that there was a general skirmish in the place, and he did not know how he got knocked down—he said he did not lay any fault on the prisoner, he did not know who to lay it to.
SARAH BUCKLEY . I live at No. 3, York-terrace, York-street, Westminster. I knew Quin—he was brought home at eleven o'clock at night, and at eight next morning I took him up some tea—I found him lying on the bed not undressed—I was not in the habit of taking his tea up, but I went to see how his leg was, as it was so swollen the night before, and he could not pull stocking down—I saw him try to get it off, but he could not—I took him his breakfast—he drank a little tea, but he said he could eat nothing—he came down to my room about ten that morning (Sunday)—he had to get down stairs by his hands—he came shuffling down every step—he pulled his stocking off, and his leg was bathed in vinegar—it was very much swollen and very red—he seemed in a great deal of pain—he went to the hospital next morning on two brooms for crutches—I went with him and left him in the ward—I took him something in the afternoon, and saw him in bed.
REGINALD JAMES . I am a house-surgeon at Westminster-hospital I remember Quin being at the hospital—he was under my care four days after he was admitted, but not at first—he had a dislocation of the right ancle—the small bone of the leg was broken—that would be very likely to occur in being knocked down or falling by accident, or by a knock or push—he died in the hospital on the 6th of March—I attribute his death to a constitutional disturbance (being of a bad constitution) which the character of the accident would produce—the dislocation was produced two days before he was admitted to the hospital—if attended to earlier, his death might not have happened.
SARAH BUCKLEY re-examined. I had known him from a child—he was my aunt's brother—he was not an irregular man in drinking—he would take a drop on Saturday night and Sunday—he was generally drunk once a week—I do not think it was oftener—I cannot say he frequented the ale-house—I have known him come to my mother's house—he was always sober then, as he had just left work.
Prisoner's Defence. I was drinking with the man who was fighting with me, Charles Henry—he struck me several times over the head before I offered to strike him again, and being rather in liquor I struck him again—Watchmore asked me to drink—he said, "Don't let him drink, I am the mark," and he came and struck me, and this occurrence happened—we
had two or three rounds-Quin stood against the table—we were very good friends, and worked together—he caught hold of my shoulder, and of course I tried to get out of his arms as well as. I could, and by that means he went down I believe, but I did not know he fell down at all—I went home without taking any notice. NOT GUILTY .
Before Mr. Justice Erskine.
1165. JAMES WILLIAMS was indicted for stealing, on the 4th of March, 2lbs. weight of sugar, value 8d.; and 9 ozs. weight of tea, value 2s.; the goods of the East and West India Dock Company, his master.
MR. CLARKSON Conducted the Prosecution.
OWEN READING . I am foreman in the service of the East and West Indian Dock Company. In consequence of suspicion which I entertained the prisoner was watched on the 4th of march last—he held the situation of cheque clerk, unconnected with the warehouse with which I was connected—his duties were performed in the office, not in the warehouse-about half-past twelve o'clock, when the men go to dinner I saw him by himself, on the floor of the warehouse, No. 2, where sampling was going on, of Bengal bags of sugar—I observed him making up a sample of sugar—he had not the slightest right to make up samples—when he had made it up he put it into his pocket—it was necessary for him to pass me in leaving the ware-house, and I entered into conversation with him, which gave me a full opportunity of observing his pocket, and it was very bulky—next morning Dixon showed me a sample of sugar—it was exactly the same description of sugar as that in the warehouse—they sample it by putting it into tubs—I am familiar with the quality of sugar.
Prisoner. Q. You state I had no duty to perform in the warehouse, and was utterly unconnected with it; on what grounds do you make that assertion? A. I know of your duties in the general office unconnected with the warehouse—(looking at some papers produced by the prisoner)—admitting these to be genuine, they have not the slightest reference to your coming to where the sampling was going on, for a moment—I am aware of the duties you have to perform as complier of the abstracts, but you have nothing to do with the floor of the warehouse, where the samplers were—these documents have nothing to do with the sampling—the dock foreman has not the slightest reference to that duty—it was not we province of the sampler to give you information, you should go to the office attached to the warehouse if you wanted information, and on this occasion you had no documents at all—the marks and numbers on bags of East India sugar generally vary from the manifest—you have to insert the marks in your abstract, to send to the dock-house—you have to go to the office, and not to the dock foreman for information—I have not seen clerks or labourers take handfuls of sugar out of the sampling tub to eat with their lunch, if so I should take notice of it—it might happen that some would be eaten, but it would be prevented—I have seen labourers eat sugar—I do not know of their potting it into their hot beer in winter time, or I should take notice of it—I was foreman in the East India Dock previous to the union of the two docks, and previous to that I was in the London Dock, but held no official situation there—I left there to go to the East India Dock—I was not dismissed—I entered the London Dock in the name of Owen Reardon,
but when I came to the East India Dock they misspelt my name—I did not change it, I had no reason—I did not think it worth while to correct it—I had nothing to do with a chest of tea which was missing, and never heard it mentioned before.
MR. CLARKSON. Q. How long have you been in the service of the two companies? A. Seven years—I was never charged with an offence in my life.
JAMES DIXON . I am chief of the police in the East and West India Dock. The prisoner was cheque-clerk—he had no right to go into the sampling warehouse in the performance of his duty—there is a general office and seventeen departments, to which there is a principal and ware-house keeper, and a cheque-clerk would have no communication with a foreman or sampler, that I am aware of—on the 4th of March, I received information from Reading, I went to the lobby of the office between three and four o'clock, and saw the prisoner there—I said, "Mr. Williams, I am quite aware of what has been going on at No. 2 warehouse, I do not want to make an exposure before all the clerks, but I want that sugar which you brought from the warehouse this morning"—he considered for a few seconds and then said, "Very well, I will give it you"—I went with him to his desk, and he handed me from his desk this parcel of sugar, which I produce—he took it from the back of the desk, behind some books—it is East India sugar, and there are 2lbs. of it—I took him into the superintendant's private office—I searched him, and when he gave me the sugar I said, "You can give any account of this sugar you please, but if you do it will be repeated against you hereafter"—at that moment he gave me no answer, but when I had searched him he said, "Nobody gave me the sugar, I took it myself out of the sample tub"—I was before the Magistrate, and afterwards the examination was concluded, the prisoner was asked if he had any thing to say—I believe what he said was taken down by the clerk—I afterwards heard it read over to him—I believe his salary was a guinea and a half-a-week.
Q. Are you able to state what the clerk read over to the prisoner after he made a statement, was what the prisoner had said? A. It was part a it only—I believe I recollect all he said—I can undertake to state it—it was, "I acknowledge the whole of it; I hope you will take into consideration that my character is blasted; it will take many years before I can recover or retrieve it, and I hope you will deal with it summarily."
Q. Was the word "guilt" used? A. I think it was—I believe it was "I acknowledge I am guilty of the whole of it."
JAMES DIXON re-examined. He added what I have stated. Prisoner. Q. Do not you remember that when the clerk repeated my words, "I acknowledge my guilt," that I made the acknowledgment under the idea that the Magistrates would deal summarily with the case, as in every instance I believe they had done? A. You said, "I hoped you would have dealt with it summarily," when it was read over to you
(The prisoner, in a long defence, stated that it was his duty to compile certain abstracts to send to the different docks, for which purpose he had to go to the different warehouses to ascertain the marks and numbers of the bags, from the foremen, most of which were at the warehouse No. 2, this
necessarily made his visits there more frequent,) which prevented considerable delay; that the sugar drawn from the different bags as samples was thrown into a tub, from which he took the sugar in question, and placed it in his desk to eat with his luncheon, which was an invariable practice, and that two labourers at the same time took a handful to eat with their lunch; that this was frequently done by landing-waiters, clerks and foremen, and he never knew it objected to; that it was not concealed in his desk; the practice was constantly resorted to he had no felonious intent, and did not intend taking it hut of the dock s.)
GUILTY. Aged 44.—Recommended to mercy by the Jury.
Confined Eighteen Months.
Before Mr. Justice Coleridge.
1166. JOSEPH TABOR and GEORGE CHEEK were indicted for burglariously breaking and entering the dwelling-house of James Goodwin, at St. Leonard, Shoreditch, about the hour of ten in the night, on the 21st of March, with intent to steal, and stealing therein, 40 sticks of sealing-wax, value 3s, 6d.; and 8oz. weight of Spanish juice, value 2s.; the goods of the said James Goodwin.
THOMAS GEORGE HUNGERFORD . I am a policeman. I was on duty on the night of the 21st of March, about twenty minutes to ten o'clock, in High-street, Hoxton, in the parish of St. Leonard, Shoreditch—just as I came within six paces of Goodwin's shop, which is in that street, I saw the two prisoners (I knew Cheek before this, but not Tabor) I could see their faces—they were standing with their faces to the shop, as close to it as they could, within a foot of it—I was on the same side of the street—there was a gas-light at the opposite house, and one in the window of the shop, or on the counter—just as I had seen them they separated—Cheek walked towards me, and the other in the opposite direction—as I came to the winddow I observed it had been cut or broken—I immediately turned round and called to Cheek—he did not pay any attention to me—I followed, caught hold of him, and brought him close to the shop-door, thinking to get him inside to secure him—the door was closed, and as I attempted to get him in, the prisoner Tabor ran away—I let Cheek go and followed Tabor, and as he ran away he put his hand in his left-hand trowsers pocket, and threw some sealing-wax away, more than once—I saw it as be threw it away—I caught him by the collar—he immediately cringed towards the ground, with his hand in his pocket, with the sealing-wax now produced in it—he drew his hand from his pocket while I held it—I caught the hand with the sealing-wax in it, and picked up some which fell from his hand at the time—I called to a boy to pick up what I had seen him throw away, and saw him pick it up—he gave it to me—I took Tabor to Mr. Goodwin's shop—Cheek was gone—I found nothing but a knife upon Tabor—I took him to the station—on my return I found Cheek looking into a shop-window in Robert-street, the next street to the prosecutor's—I asked him if he was not the lad who was down at the window that had been broken—he said he was—I searched him and found a knife and 5 1/2 d. on him, which I have—I examined Goodwin's window the same night—the panes of glass were set with putty—the window had a piece broken or cut out of it—I have got it here—there was marks of a knife on the putty, which appeared quite fresh—I applied two knives to the putty next morning, and found they both agreed with the marks.
Cross-examined by MR. PAYNE. Q. Are you quite sure it was not
stick-liquorice you saw thrown away? A. No—there was some missed from the window—the points of the knives answered to the marks on the window, which appeared fresh—I could not see the prisoners' faces when I first came up—when they turned round I could see their side faces—they were both equally close to the shop-window, standing side by side—I was on the same side as they were—the prisoner Tabor was nearest to the pavement, but equally near the window.
COURT. Q. You say the marks looked fresh in the putty, did they appear to have been made just then, or some time before? A. I considered they were made then, seeing the putty broken, and small particles appeared on one of the knives, which has the point broke—I had observed the pane of glass frequently, because there was a hole in the corner which would admit a finger before, and they had cut it away from the corner—it was about two feet and a half high—it was about ten minutes to ten o'clock, and the first time I had passed the shop that night.
ELIZABETH MARY GOODWIN . I am the wife of James Goodwin. I remember the night in question—there was some Spanish-liquorice, sealing-wax, and slate-pencil, inside the broken pane, close by the glass—the hole was large enough for a small hand to be put through and to reach the sealing-wax—I do not know that anybody had been in the shop that night—I remember Hungerford coming with the prisoner Tabor—I had Dot missed anything before that—I had not looked—I keep a young woman, but she had not been in the shop since the afternoon, as she was nursing my baby—I fasten the door of the shop because the parlour is a good distance from it—I have a gas-light in the shop—I had some sealing-wax like that produced in my window, of the same colours and the same size—I cannot say is mine—I also had some stick-liquorice—when Tabor came it was all gone from the window—I bad seen it there in the early part of the afternoon—I had not sold any after that—my husband was out all day—I never saw either of the prisoners before.
Cross-examined. Q. You have not seen your stick-liquorice again? A. No—the small hole had been in the window ever since we had been in the shop—it was very small before, not large enough for a hand to be put through—the things were my husband's property.
(The prisoners received good characters.)
TABOR— GUILTY. Aged 14. Recommended to mercy by the Jury and Prosecutor.
CHEEK— GUILTY . Aged 14. — Confined Three Months.
Before Mr. Justice Erskine.
1167. WILLIAM CLARKE was indicted for burglariously breaking and entering the dwelling-house of John Tribe, at St. Marylebone, about the hour of two in the night of the 25th of March, with intent to steal and stealing therein, 1 gown, value 2s.; 1 thimble, value 6d.; 2 garter s. value 2d.; 3 aprons, value 18d.; 2 shifts, value 2s.; 1 bed-gown, value 1s.; 1 handkerchief, value 3d.; 1 night-cap, value 3d.; and 1 book, value 4d.; the goods of Dinah Mapleston: 1 shawl, value 2s.; 1 brooch, value 7s.; 1 work-box, value 2s.; 2 books, value 2s.; 1inkstand, value 2d.; 1 shift, value 1s.; 1 petticoat, value 6d.; 1 handkerchief, value 2d.; and 1 shawl, value 2s.; the goods of Caroline Watts: 5 pairs of boots, value 1l. 5s.; 2 pairs of shoes, value 10s.; 2 candlesticks, value 1l.; 1 toast-rack, value 5s.; 3 forks, value 1l. 12s.; 1 fish-slice, value15s.; 1 teapot, value 15s.; 1 cream-jug, value 2l. 10s.; 1 mustard-pot, value 1s.; 1 kettle, value 10s.; 4 bottles, value 1s.; 3 pints of beer, value 1s.; 3 decanters, value 15s.; 2 liquor-glasses, value 1s.; 6 wine-glasses, value 3s.; 2 finger-glasses, value 3s.; 4 tumblers, value 3s.; 2 salt-cellars, value 7s.; 1 corkscrew, value 6d.; 39 knives, value 1l. 16s; 15 forks, value 18s.; 3 table-cloths, value 5s.; 19 towels, value 5s.; 5 dusters, value 6d.; 1 table-cover, value 3d.; and 1 oyster-knife, value 4d.; the goods of the said John Tribe.
DINAH MAPLESTON . I am cook in the service of John Tribe. On Good Friday night, the two servants and master and mistress went up to bed at the same time—I had fastened the doors and windows myself—I fastened the back door leading to the garden—it had had eight panes of glass in it, but four were broken out, and wood was put in their places—they were in the middle of the door, and were all sound and whole when I fastened the door—we went to bed about eleven o'clock—I got up next morning at half-past six—the housemaid, Caroline Watts, was down first—when I came down I went into the back-kitchen, and saw the door, which I bad fastened, a little way open, and one of the panes of wood taken out—the bolts, which I had fastened top and bottom, were undone—the key was left in the lock—a person could reach it, to unlock the door, by putting his arm through the opening, but could notreach the bolt—I saw the garden-rake there, and with that the bolts could be reached and put back, for I saw the policeman do it afterwards—I went up and called my master, who came down directly—I looked about, and missed a gown, and three aprons of mine, which I had seen safe the night before, when I went to bed—the gown was in the pantry, by the side of the kitchen, and the aprons were in the kitchen drawer—I missed several things of master's, some plate, a cream-pot, teapot, and some knives and towels, which I had seen safe the night before—the knives were in the cupboard—I missed other things.
CAROLINE WATTS . I was in the service of Mr. Tribe, as housemaid. On Good Friday, when I went to bed, I saw the cook fasten the back-kitchen door—I was up first in the morning—it had gone half-past six o'clock when I got down—I did not go into the back-kitchen myself—I tent into the pantry, and missed a box from under the table—the kitchen was all in confusion, and the drawers were open—I missed the plate and other things, which I had seen safe when I went to bed—the plate was in the kitchen drawer—there was no man-servant—I had never seen the prisoner before.
STEPHEN WALTER (police-constable S 83.) On the morning of the Saturday after Good Friday I was on duty in the Hanley-road, and about six o clock I saw the prisoner carrying a large bundle in his hand, going in a direction from Mr. Tribe's, and nearly half a mile from it—I asked him what he had got in the bundle—he said, some old shoes, which he was going to take home to mend—I asked where he was going to take them—he said, "To praed-street, Paddington"—I asked where he brought them from—he said, from a cottage, at West-end, Hampstead—I observed he had something heavy in his pockets—I asked what he had there—he said, some old knives and forks, which his brother had given him, that he lived at the cottage—I asked how he came there so early—he said he had got a little drop too much, and stopped there all night—I said, I thought it was not all right he must go to the station-house—he went quietly till we got into
North-street—he then asked if I was going to take him to the station-house—I said "Yes"—he said he would not go any further—I then laid hold of him—he resisted, and struck me on the side of the head with his hand, and tore off part of the tail of his coat which I held—he did not get away—I took him to the station-house, and examined his bundle, which I produce—I have had possession of it ever since—it contains a pair of candle-sticks, a toast-rack, a quantity of boots and shoes, and a great-coat—I found this plate in his trowsers' pockets, and a gold brooch, part of the blade of a sword-stick, which had been broken, a silver mug, and several silver spoons, forks, and other things—he had a pair of boots on his feet, which I produce—I went to Mr. Tribe's, No. 3, Gravel-place, Edgeware. road, on Friday morning, the 1st of April, and took the piece of sword blade with me—I saw a box there, with part of the lid broken off—I saw it opened, looked into it, and found part of the blade in the box—I matched it with the part found in the prisoner's pocket, and it corresponded—I have the two parts here.
Prisoner. I did not strike you. I asked you to let me go and tell my wife I had got into trouble; you said you should do no sod thing, and you laid hold of my coat, and tore the tail off. Witness. I had the marks of the blow you struck me several days afterwards—you said you had a drop too much.
JAMES DOSS (police-constable S 66.) I went to Mr. Tribe's house on Saturday morning, the 26th of March, at a little after six o'clock, and heard of the robbery—I found a pair of shoes there—the back kitchen-door was open, a wooden pane was broken out, and lying on the step of the door outside, and a rake stood inside the house in the back kitchen—I tried to see if a person could put the rake through, and unfasten the bolts with it, and I did it myself—I found a pair of shoes about a yard from the door—I went again in the afternoon and found three bundles covered up in a ditch at the back of Gravel-place, about 120 yards from the house—I showed the contents which I have here to Mrs. Tribe and the servants.
JOHN WOOLFE (police-constable S 20.) I was at the station on Saturday morning when the prisoner was brought in—he had a pair of boots on his feet—I assisted the constable to take them off, as he resisted—I afterwards went to Mr. Tribe's—Doss had gone before me.
Prisoner. I know nothing of the boots found at the house; I were shoes for the last twelve months. Witness. The boots that were on his feet at the station are claimed by the prosecutor.
JOHN TRIBE . I live at No. 3, Gravel-place, Kilburn, in the parish of St. Marylebone. I know the articles produced—this silver jug I have had from my childhood—the initials of my name are upon it—it has been bruised, but they are still here—we had such articles on Good Friday as these spoons, forks, and toast-rack—this pair of boots taken off the prisoner's feet I believe to be mine—I have a peculiar sort which I wear—they have cork soles inside, which these have—I had such a pair in my house on the Friday, and missed them on Saturday morning—they are mine to the best of my belief—here is another pair I am certain are mine, and another pair I know better—I have no particular mark on the plate—I know the articles—I afterwards saw what things the policeman brought in from the ditch in the field, and can identify several of them.
nothing to with the plate—this gown I believe to be mine—I had one like it, but there is no particular mark on it—I had seen it in the pantry on the Friday, when I got up in the morning it was gone.
CAROLINE WATTS re-examined. The plate produced is the kind of plate we missed—I do not know it by any mark—I missed the spoons, forks, and two large spoons, which I saw in the drawer with the plate that night before I went to bed—I was in the habit of cleaning these spoons—here are two large spoons like them—there is no mark or letters on them—I missed a sauce-ladle and some silver forks, a fish-knife, and three teaspoons, all like these produced—I had seen them the night before in the same drawer—I missed a fish-slice and three spoons like those produced—I know this silver mug—it has master's initials upon it, which I had noticed—I saw it the night before, when I went to bed—it is the same mug.
Prisoner's Defence. about half-past five in the morning I got up to go to West-end. Hampstead, to a carpenter I know to ask employ; a I crossed the fields, I saw a bundle in the ditch; it was a small shawl with these things in it; I opened it, put some thing in my pocket, and the policeman stopped me, and asked where I was going; I said to West-end, and I had found them.
GUILTY . Aged 23.— Transportted for Fifteen Years.
Before Mr. Justice Coleridge.
EDWARD COOKE BOURNE, JUN . I am in partnership with my father, Edward Cooke Bourne of No. 244, Regent-street, furriers. The prisoner was in our employ as shopman, and received money for goods from customers over the counter, and occasionally from customers on our account—he was in our service about sixteen months, and absconded on the 20th of January without notice—the prisoner took an order from Mr. D. Sombre, the member for Sudbury, for a fur coat—I was not present—if he received the money his duty was to place it in my desk in the shop, and enter it immediately in a book—I have the book which he kept for that purpose—my desk was accessible to every shopman for that purpose—my desk the counter from a customer he should do the same with it—there is no entry of 22l. received on January the 5th from Mr. D. Sombre—there certainly appears to have been a leaf torn out, but I could not be positive of it—if any sum was received by him between the 5th and 17th, of 22l. from Mr. D. sombre, there is no account of it, nor for 6l. or six guineas for a sable boa on the 16th of January—there is no leaf gone till after the date of 17th.
Prisoner. Q. Is George here? A. No—the prisoner subpcened our porter, and he is in attendance—I received a note from the prisoner yester day requesting the boy might com here, but I thought if the prisoner intended him to come he would have subpcened him—I considered it merely done do put me to inconvenience.
PIER DANIEL ROULIN . I am a Swiss, and am valet in the service of colonel D. Sombre. In January last, my master was staying at the Clarendon hotel, New Bound-street. On the 5th of January, about twelve o'clock, I paid the prisoner, on account of Mr. D Sombre, 22l. for a fur coat—he wrote this receipt in my presence, and gave me this bill of parcels with it—my master had had the coat the day before—(read.)
Prisoner. Q. What did you pay? A. 22l.—there was 1s. over
which you said did not signify, and there was 10s. which you gave to the footman—I informed Mr. Bourne of it afterwards.
HENRY SHAW . In January last I was in the service of Messrs Bourne—on the 17th the prisoner was in their service—I remember the day—two ladies purchased a sable boa—I saw them pay 6l. or six guinea to the prisoner over the counter—it was his duty to enter it in the book—in consequence of something that happened, I afterwards informed my master—the prisoner left on the evening of the 19th, and never returned—I have looked through the book—there is no entry of either of these some—it is customary to take a ticket off an article sold, and to enter on the back of it the day it was sold, and what it is sold for—the ticket of the boa was found in a drawer after the prisoner left—I have looked through the books, and there is no entry of the articles.
COURT. Q. Is it usual to put on the back of the ticket the price as well as the day of the sale? A. The day of the sale, but the price is entered in the book—this is the shop-book, but each shopman has also a small book, and as he sells an article he enters it in this general book.
MR. CLARKSON. Q. Was there a servant in the establishment who has since gone away? A. Yes, his name is Capon—he left on the 19th, the same day as the prisoner, and neither of them returned—the accounts of Capon have been examined.
Prisoner. Q. What time did I sell the boa to the two ladies? A. About eight o'clock in the evening—I was in the shop when you received the money—it was 6l. or six guineas—I believe it was paid in sovereigns.
Q. Who paid it, a lady or gentleman? A. I did not notice—it was laid on the counter—I cannot say whether there was one or two ladies—there might be a gentleman there, but such things occur so many times a day, and my attention was not called to it till some time after—I believe there was a gentleman with them, but cannot say whether it was a lady and gentleman or two ladies and a gentleman—I think it was a gentleman paid the money, but cannot swear positively—my back was turned at the time, cleaning the windows—I turned round, and saw the money on the counter.
Prisoner. The gentleman paid me a 5l. note, and the lady took a sovereign from her purse.
COURT. Q. What became of the boa? A. The lady took it away, either on her neck or in a parcel—my attention was not drawn to this till after the prisoner had absconded, on the morning of the 20th—I had not been directed to watch him.
Prisoner. Q. Was you not aware I was going before I went, in the morning, when Samuel Bourne came up with about twenty accounts for me to put the addresses to? A. No—I was aware you went to Oxford-terrace about a boa, but was not aware of the circumstances—I remember Samuel Bourne coming up to Mr. Capon with the accounts—I did not call George or William to tell where Mrs. Anderson at the Home Regent's-park, was—I did not send you down stairs out of the way—I did not tell you not to stop on the premises, nor know of your going to a public-house—I have no idea where you went afterwards—I did not go to look for you after the shop was closed, nor see Capon that night—I did not go to Hay ward's, the Green Man public-house, in Berwick-street, that night, and have ale with you, nor leave word where Capon could find you—I was not in Bruton-street that night—I went to meet a
friend, and was with him all the evening—I did not leave an address at Hayward's where you should write to me, nor promise to send you all the particulars how the affair was going on—you were not to address me at Watts and Co.'s, tailors, St. James. street.
COURT. Q. What situation did you fill in the shop? A. I was shop man, the same as the prisoner—we never had any differences—I have been in the employ since September last—he was there before me—I do not believe I ever had a word with him.
Prisoner's Defence. On the morning before I left, Edward Bourne came up with about twenty different accounts for me to put the addresses on; he had a great many accounts to deliver; as soon as the boy came in, and he was gone, I told Shaw I had received 21l. 10s. for the fur coat, which was not accounted for, on the 5th of January; also the boa, which I sold, and entered in the sale-book, but the leaf was torn out by Capon, which I have a witness of; if he will speak the truth, he will admit seeing him tear it out; I told him the boa was entered, and I tore off the ticket, and put it into the ticket-box; if I intended to keep the money back, I should not have written the ticket off and put it into the box in the regular way—I wrote it off for the 18th, and Mr. Bourne had the ticket—the boa was sold on the 17th, but, it being late at night, I entered it on the 18th; the leaf was torn out on the Tuesday.
WILLIAM MAYES (examined by the Prisoner.) I recollect the morning Samuel Bourne brought up the accounts—he asked where the Home was in the Regent's-park—I do not recollect seeing the sable boa entered in the day-book for 6l.—I do not recollect seeing Mr. Capon with the book down stairs—I remember your coming back to the shop for your coat after the shop was closed on the 19th.
COURT. Q. At night before he left for good? A. Yes.
Prisoner. Q. Do you recollect Capon coming there the night before I left? A. Yes—I do not recollect that Shaw left word, if Capon called, where he and you were to be found.
MR. CLARKSON. Q. What situation did you fill in the establishment? A. A porter—I was not aware that the prisoner or Capon was not coming back next morning—it was not usual for the servants to come after the shop was closed—the prisoner came back for his top-coat.
(On examining the book, the entries appeared regular up to the17 th or 18th of March, after which there appeared to be a leaf torn out.)
HENRY SHAW re-examined. I knew of the sale of this coat, but not of the receipt of the money—he never mentioned to me at any time that the prisoner had received it and entered it—he and Capon were not more intimate than shopmen generally are—it is the custom to make some allow ance to noblemen's upper servants when articles are bought—all tradesmen are obliged to do it—here is the prisoner's handwriting in the book both on the 18th and 19th—he was gone on the 20th—there is none of his writing under the head of the 20th—the leaf must have been torn out before he went away—I never heard of the leaf being torn out till the prisoner stated it at the office.
MR. BOURNE re-examined. I produce the ticket of the sable boa, which was found in the proper drawer—(read)—"18.—42, dyed sable boa, 175"—was to be sold for six guineas, and, I believe, was sold for 6l.—the actual price it was sold for is not on the ticket, nor should it be—it should be entered in the book—I should know it was sold by finding the ticket
in the drawer, but it should be entered in the book—the prisoner has written on it the date of sale, the 18th of January.
Prisoner. I paid the money over to Capon.
MR. BOURNE. One servant was not allowed to enter for another—each entered what he sold, and put the money into the desk.
COURT. Q. Did you tear the leaf out of the book? A. Certainly not—I was not aware of it till the prisoner mentioned it at Marlborough-street.
GEORGE ALGER . (This witness was sent for at the prisoner's desire, and was examined by him.) I saw Capon tear a leaf out of the book—I cannot recollect when—I think it was about a week or fortnight before he left.
COURT. Q. Was there any thing written in the leaf he tore out? A. I cannot say—I did not see it afterwards—it was more than a day before he left, or two or three days, I know—it was done in the kitchen, about the middle of the day—Capon was often in the kitchen with the books, writing—I am a porter—the book was kept in the shop, but Capon wrote out of that into other books—I did not see any thing written on the leaf—Capos said nothing to me, or I to him—I did not tell Mr. Bourne of this—I was at my dinner—there was nobody there besides Capon and me.
MR. CLARKSON. Q. Was not the prisoner there? A. No—I did not tell the prisoner I had seen it torn out—I do not know how he heard it—Capon brought the book down himself—I cannot tell whether it was done in the same week as they left—Capon burnt the leaf in my presence-my master was at the other shop in Lamb's Conduit-street at the time, I sup pose.
Prisoner. Q. Do you recollect Samuel Bourne bringing up some bills one morning? A. Yes—he asked where the Home in Regent's park was—when he was gone out, you did not say, in my presence, that you had kept back 21l. 10s. for a coat—I do not recollect any thing of it—you did not tell Shaw in my presence that you had paid over the 21l. 10s., and not entered it—I did not hear a word about the sable boa, nor did I tell you the leaf had been torn out.
MR. BOURNE re-examined. I found out that this 21l. 10s. had been paid on the Saturday after the prisoner absconded—suspecting some thing, I directed my partner to apply for the money.
Prisoner to CHARLES ALGER. Q. DO you recollect my coming down into the kitchen to dinner the day before I left? A. I recollect going down while you was at dinner—I do not recollect anything about your being placed down there three or four hours, or any time—I remember your going to Mr. Wilson's in Oxford-terrace—I did not see you come back—Capon came back after Shaw left the shop, that night-nobody told him in my presence where to come to you, nor where you were to be found.
Prisoner. Capon came and found me and Shaw in Bruton-street, together—we had some rum-and-water—I had not made up my mind to leave at that time—I told him I had kept back the 21l. 10s., which I had paid over to Capon—also of the boa which I had torn out of the book—Shaw said, "You run a risk here, you will get transported"—I said "Well, I will see it out"—he asked if I had any money to defend myself—I said not, and he persuaded me to go—he recommended me to go to Page's in Bruton-street—(when I came back from Oxford-terrace, he would not allow me to come back)—I came through different streets, opposite
No. 244, Regent-street, and stopped there a quarter of an hour, at last it was decided that me and Capon should go; Shaw said, "Well, if you are going to leave, it won't do for me to be seen with you, I will go to Hay ward's in Berwick-street;" I went to the shop, got my greatcoat and two or three things, and told William the porter I was going; Capon came into the shop at the time; there was an 8l. cheque in the desk; Capon took it and got it changed; we went down Berwick-street to Capon's uncle's, and he had 10l. from the Loan society; then went to Berwick-street, met Shaw, had something to drink, and it was arranged I was not to write to Shaw at Regent-street, but at No. 2, St. James's-street, at Willis's and Co., who I believe, are his tailors, he then bid me farewell; it appears from what he said to my wife and Mrs. Capon, he was offended, because we have not written to say where we were—as we were in Conduit-street, he said if he had known Capon had been so much back in his account he would have assisted him, but now nothing could be done but our starting; as to George and William, they knew Capon had been out all day.
(Philip Solomon, of Wilstead-street, Somers-town, deposed to the prisoner's good character.)
GUILTY . Aged 31.— Transported for Fourteen Years.
Fourth Jury, before Mr. Recorder,
1169. JOHN WOOD was indicted for stealing, on the 8th of March, at St. Matthew, Bethnal-green, 2 pewter pots, value 1s. 10d., the goods of James Mann, and that he had been previously convicted of felony; to which he pleaded
GUILTY . Aged 41.— Confined One Year.
1170. CHARLES STANNER HEDGCOCK was indicted for stealing, on the 2nd of September, at St. Martin in the Fields, in the dwelling-house of Richard Morse, 2 watches, value 30l.; 1 breast-pin, value 3l. 10s.; and 7 spoons, value 1l. 15s.; the goods of the said Richard Morse, his master; to which he pleaded
GUILTY. Aged 20.—Recommended to mercy.— Confined Six Months.
JOHN SIMS HANDCOCK (police-constable E 38.) On the 10th of March 1, was near Mr. Giblett's shop, in Tottenam-court-road, and saw Jefferys cutting at this piece of linen, which was on the lobby door—he cut it off with a knife—he went to it several times—Comber was watching about a yard off, just by the window, outside the outer door—after Jefferys cut the linen he left it in the lobby and Comber took it out—the shopman opened the door, he threw it down and ran across the road—I secured him, took him back to the lobby, took up the linen, and took him to the station—Jefferys ran away when Comber was taken—there was another boy there—when I took Comber to the station there was a crowd there, and Jefferys was in the crowd—I brought him into the station and both said they had never seen each other before—I found this knife concealed in Jefferys' both with same marks of lint upon it, which had apparently come off the linen which had hung from the top of the door, and was cut off at the bottom leaving the top still hanging there.
COMBER— GUILTY . Aged 12. ✗
JEFFERYS- GUILTY . Aged 12. ill Confined One Month.
ALEXANDER REID . I live at 73, Margaret-street, Clerkenwell-the prisoners occupied my first-floor front-room furnished—they took possession of it about the end of May or the first of June, and remained with me about eight months—the female took the lodging—they left on the 28th of February, 1842, and I missed the property mentioned in the indictment they lived there as man and wife, and paid 6s. per week—they have left four weeks due—George Payne's father paid 25s. for them, back rent a month before they left—they paid as well as they could themselves, but not in any way regular, for they were so drunk and disorderly, and fight ing, when he came home, I was obliged to give them notice to leave—I believe he is a law-writer—by going to his employer I found where he was gone, and found him at work there—I do not know where he rent to lodge after leaving me—the property lost is worth about 1l. altogether—we were not aware but that they were man and wife till they denied it at the police court.
Cross-examined by MR. DOANE. Q. YOU live at the house? A. I do—the blankets, sheets, pillows, and pillow-cases were gone—I took them into custody the same day that they left my lodgings—they left while I was absent—I found the things were gone—I went and found him at work that day, the 28th of February—we went before Mr. Combe and Mr. Greenwood the magistrates, separately on five different days—I will not swear that Mr Greenwood did or did not recommend me to take some money tendered by Waddington the gaoler—I preferred sending them here in justice to the country—when I found the male prisoner he asked me to go to his father which I declined.
COURT. Q. What time had elapsed between their going away and your missing the things? A. Not above an hour—the man was apprehended that day, the woman never came back—she said if they did not go that day they would be taken in execution for debt.
WILLIAM PARKER . I am in the service of David Trail, a pawnbroker of Amwell-street, Clerkenwell—I produce a sheet, blanket, two sheets, and a pillow-case, pawned on different days—the first was a blanket on the 24th of June—the female prisoner pawned the two blankets for 2s.—she was alone.
DAVID BLACK (police-constable F 16.) On the 28th of February the male prisoner was given into my custody—on the way to the station he said "It is no use denying it," and gave six duplicates referring to all the articles lost—I took the female on the 2nd of March—she said she was very glad, she would rather be taken into custody than kept in suspense.
ANN REID . I am the wife of the prosecutor—I believe this blanket to be mine—I cannot swear to it—I have no particular mark on it—I never went into the room while they were there—they must have slept without either blankets or sheets, for they left the bed in a very dirty state—I do not know whether they kept the door locked—it was always shut—these duplicates represent exactly what I lost—I have a mark on one sheet produced by Parker.
NOT GUILTY .
THOMAS BRIDE . I am a greengrocer, and live at No. 62, High-street, Wapping. On the 1st of March the prisoner came to me as errand-boy—on the Thursday following, about five o'clock, I sent him to get change for a Sovereign at Mr. Jennings, at the corner of Globe-street—he did not return—on Saturday, the 5th of March, I found him in New Gravel-lane, standing in the road, nearly half-a-mile from my house—a policeman was close by, and I gave him into custody.
Prisoner. I went to him on the 2nd of March, not on the 1st; he sent me for change; I went to four places before I could get it; as I returned with it wrapped up un paper a man run against me and knocked it out of my hand down a grating, against a biscuit-baker's at Wapping; I did not know what to do; I worked for Mr. Gammon till I was taken, and the money found on me was what I got there.
THOMAS BRIDE re-examined. I know Mrs. Briers, it is a short distance from my house, about thirty houses off—from inquiries I have made, I have reason to believe he did change the sovereign at Mrs. Brier's shop—there is a grating close to her house—I must have met him if he bad come home from there—I do not know Gammon—I have seen that name upon the coal-wagons.
ROBERT ROCHE (police-constable K 211.) The prisoner was given in my custody—I asked how he could account for the money—he said he was returning to his master's with the change, and was playing with it, throwing it up in his hand, that a man knocked his arm, and threw it down
a grating in High-street, Wapping, by a biscuit-baker's, and be was ashamed to return—the grating leads to a sewer—I examined the grating. and a constable lifted it up, but I thought it no use to look for the money there—I did not take up the grating, as it was four days afterwards—there is a grating by a baker's in High-street, Wapping—I found 6d. and 2d. on the prisoner—he did not say where he had been since leaving his master's.
Prisoner. I worked at Mr. Gammon's, coal-wharf, at Wapping, till I was taken, and I got that money there. Witness. I know he had worked there, and bore a good character; he was at work at four o'clock of a morning in the middle of winter.
The prisoner put in a written defence, saying that he had lost the money in the way stated.
NOT GUILTY .
NEW COURT.—Wednesday, April 6th, 1842.
Fifth Jury, before Mr. Common Sergeant.
1175. CHARLES NEARY was indicted for stealing, on the 7th of March, 21bs. weight of bread, value 4d., the goods of William Clarke, from the person of Thomas Brooks; and that he had been before convicted of felony: to which he pleaded
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 33.— Confined Three Months.
GUILTY. Aged 12.—Recommended to mercy — Confined Eight Days and Whipped.
1178. JAMES COE was indicted for stealing, on the 19th of March, 8 3/4 lbs, weight of beef, value 7s.; and 9 3/4 lbs, weight of mutton, value 5s.; the goods of Edward Jones Boulton, his master: and JAMES LADD for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
MR. PHILLIPS conducted the Prosecution.
THOMAS SUNNEX (police-constable N 212.) On the 19th of March about half-past one o'clock, I was in Highbury-grove, which is about a mile and a half from Mr. Boulton's shop—I saw the two prisoners in Mr Boulton's cart—Coe was driving—when he got about half-way down the grove, he pulled the horse up into a dead stop, banded the reins over to Ladd, put his left leg over the seat on which he was sitting, and I saw him moving some meat in the cart—he then took the reins again and drove to the bottom of the grove—Ladd there got out of the cart—Coe put a tray of meat out of the cart, and gave it to Ladd, who went away across Canon. bury-fields—I followed him some distance, and asked him whether he had not come from Highbury—he said "No," at first, and then recollected
himself, and said he had been to Highbury to serve stone customers—I asked him if he had not got out of Mr. Boulton's cart, or whether he had not been riding in it—he said he had not, he then recollected himself and said there was a butcher's cart came down from Highbury which gave him a lift, and that the tray of meat he had got was his own, which he had got to sell to his customers—I said I suspected it was wrong, and took him to the station—I then went to Mr. Boulton's and found Coe in the shop, cutting op some meat—I said he must go to the station with me—he immediately came away—after going out of the shop he wanted to know what he was going for—I said concerning a tray of meat which he had given out of his cart at the bottom of Highbury-grove—he said he had not given any meat out—I said, "Was there not a man got out of your cart that you gave any meat to"—he said "No"—I asked if he had not had some man riding in his cart with him—he said "No"—he then recollected himself and said he had had a man riding in the cart with him—I told him I had got the man at the station who had got out of the cart—he saw Ladd at the station, and said that was not the man that rode with him—I am quite sure that he is the man.
Cross-examined by MR. CLARKSON. Q. Did you take possession of the tray? A. He carried the tray to the station-house—I took possession of the meat and tray.
Cross-examined by MR. PAYNE. Q. Are you quite sure Ladd was the person that was in the cart? A. Yes.
EDWARD JONES BOULTON . I live in Chapel-street, Pentonville—Coe was in my employ. On the 19th of March I employed the policeman to watch—I knew Ladd by sight, by being about Islington for some time, but not at all connected with my business—it was Coe's business to go out for orders, return, give me an account of them, have them entered in the book, and go out with them—he gave me no orders on the 19th of March for a neck of mutton—he weighed his orders, put them into his cart, and started with it—he had no business in the direction of Highbury-value—Sunnex came and made some disclosure to me—after that I saw Coe—I know a beer-house kept by a person name Just—Coe had no business there—I saw a neck of mutton on the day in question, and compared it with a shoulder at my shop—to the best of my belief it was my property—it fitted the shoulder exactly—I have not the least doubt about it.
Cross-examined by MR. CLARKSON. Q. Are you able to tell that that neck came from that shoulder? A. There is not the slightest doubt of It—Coe lived with his former master five or six years, and two years with me.
JOHN WAKIFIELD (police-constable N 232.) About half-past eleven o'clock, on the 19th of March, I was in Just's beer-shop, in Highburyvale—I saw Ladd there—he had a tray of meat with him—Highburyvalue is no thoroughfare—I staid there till a quarter past one, when it was nose on one, Coe came in—I saw the prisoners at the bar, talking together, and they got into the cart together—I saw the cart stop at the beer-shop-no tray of meat was put into it by Ladd or any body.
ESQURE DUKES . I live in Park-cottage, Highbury-park. About half-past eleven o'clock I went to Just's beer-shop, in Highbury-vale—I saw Ladd there—Coe afterwards came in—I had seen him before—while they were there another man came in with an empty tray, with a crack at the bottom of it—the prisoners spoke to the man who brought the tray—the
prisoners went off in the cart—there was no tray left behind them to the best of my knowledge.
Cross-examined by MR. PAYNE. Q. Had you ever seen Coe before? A. I have seen him repeatedly in the beer-shop, and have no doubt of him whatever.
(Ladd received a good character.)
COE— GUILTY . Aged 29.— Confined Three Months LADD— GUILTY . Aged 27.— Confined Six Months.
Recommended to mercy
MR. PHILLIPS offered no evidence. NOT GUILTY .
WILLIAM MASON . I am a printer and bookseller, on Clerkenwell green. The prisoner came to work, about twelve o'clock in the forenoon of the 9th of March—he was not bound as an apprentice, but came to work as one—my daughter informed me of something, in consequence of which I left the printing-house, and went into Red Lion-street, about four doors distance from my residence—I saw the prisoner on the other side of the way, at some distance—he looked back, saw me, and immediately commenced running—I ran as fast as I could, crying "Stop thief!" shortly afterwards, he pushed his hat from his head into the gutter—a person who was selling oranges attempted to stop him, but he broke from him—he then turned down Badger-court, into St. John's-square, where a person laid hold of him—on his being stopped, a large quantity of type was found in his pocket—the policeman came up and took him into custody—on returning to Red Lion-street his hat was lying in the gutter, and in it was a handkerchief, containing a large quantity of type, and also very near it, another parcel of type—it was my type—he had no business with it off my premises.
Cross-examined by MR. PHILLIPS. Q. HOW long have you had the type? A. Some three years, some ten, and perhaps some twenty—this is what we call leads—it has been broken—there were two examination before the Magistrate—I had not been to the prisoner's house to search it on the first occasion—I swear that—I went to the house to inquire about him—I asked if he lived there, and they showed me the room—I asked if there was any type there, and told them what I came for—the servant pulled down the rug and blanket of the bed to show that there was nothing there—I went with the object of ascertaining whether any type was there—I found no type there—I find the prisoner is the son of a widow with eight children—I was prosecutor against two persons last May, who robbed me of a quantity of type—I prosecuted a person about fifteen yean ago for stealing a bundle of paper out of my shop, and about twenty-five years ago I prosecuted a person who got 15s. from my wife—I do not recollect prosecuting any one else—to the best of my memory the prisoner's wages
averaged about 10s. a week—there was about 3s. due to him—he had two-thirds of his earnings—he did not work above three or four days a week.
(Hugh Williams, printer, Perceval-street, Clerkenwell, and John Swancot, dairyman, Cross-street, Hatton-garden, gave the prisoner a good character.)
GUILTY. Aged 19.—Recommended to mercy by the Jury Judgment Respited.
1181. MARY BUCKINGHAM was indicted for stealing, on the 29th of March, 9 1/2 yards of printed cotton, value 5s.; and 2 pairs of stockings, value 10s.; the goods of Joseph Blake: and ELIZA PAGER for receiving the same, well knowing them to have been stolen, against the Statute, &c.; to which.
BUCKINGHAM pleaded GUILTY . Aged 12.— Confined Six Months.
JOSEPH BLAKE . I am a linendraper, and live at Harrow. On Tuesday, the 29th of March, Buckingham came into my shop for a trifling article—when the left, two pairs of stockings were missed—I immediately went to a house some little distance from mine, and saw Pager who is her mother—I said, "Is Mary come home?"—she said she was come home, but was gone out on an errand—I said, "Mary has taken away the wrong parcel"—the said, "I thought there was some mistake about the business, the said Mrs. Sanctuary's lady's-maid had given it to her"—I said, "Let me see"—she produced a parcel from a drawer, and when I saw it, I said it had not been given her, she had stolen it out of my shop—Buckingham came in, and her mother and father both chastised her for her bad conduct, bringing home things not her own, and they said she always said they were given to her by Mrs. Sanctuary's lady's-maid—the father offered to go to Mrs. Sanctuary's to see the truth of the thing—I went with him—Pager's husband was at home when I went there.
PAGER— NOT GUILTY .
ANN HUMPHRIES . I am the wife of John Humphries, and live in Gore-lane. I hung two shirts and a shift in my yard to dry on the 4th of March, about a quarter to three o'clock in the afternoon—when I returned home at a quarter to ten at night, I missed them—the line was cut—these now produced are what I lost.
Prisoner. At the station when I asked her whether the shirts were found inside or outside the yard, she said they were on a line with pegs in them. Witness. When I came home the shirts and shift were cut from the line and gone from where I had put them—they were picked up where they were thrown down.
SUSAN FEARSANT . I am the wife of a policeman. About twenty-five minutes past nine o'clock, as I was going into the yard to call my cat, I saw a person like the prisoner standing in the yard—he had something under his left arm—I called to my husband to come to my assistance, as a man was in the yard stealing Mrs. Humphries' linen—before he came to my assistance the prisoner ran away—I followed as far as a gas-light, but
I could not follow him farther—I saw him throw something from his left arm under Mrs. Hammersley's window—I have known the prisoner upwards of twelve months—I am positive he was the person—he had not got many yards with the things before he threw them away, just inside the entrance gate.
Prisoner. The witness told a little girl that lives with Mrs. Humphries that she saw a man in the yard with something light on his arm, but who it was she did not know; if she had known me to be the man, and I not living yards from the place, I should have been taken the same night; a policeman will state he saw me in the lane at twenty minutes to ten o'clock talking to a young woman; I stood talking with her till about ten minutes to ten, and then went home; I did not go down the lane till half-past nine; I had been to meet my father.
Prisoner. I said a quarter before ten o'clock. Witness, I believe you said a quarter past nine—my wife picked the shirts up under Mrs. Hammersley's window—they were given to Humphries, and she gave them to me—I pointed him out to Mrs. Fearsant, and asked if he was the man she saw in the yard, and she identified him.
Prisoner. She says she has known me twelve months, and I have not lived in the lane twelve months. Witness. I knew him before he came to live in the lane.
Prisoner's Defence. I met Mr. Humphries next day in the lane; he said, "Was that you in our yard last night, after my linen?" I said "What linen?" He said, "You know what linen; you were not rightly seen, or else we would have you." I should like Humphries called.
JOHN HUMPHRIES examined by the prisoner. Q. When I met yon in the morning, did not you say to me, "Was that you after my linen last night; you were not rightly seen or we would have taken you?" A. I did not—I met you and three others the next morning, a little after eight o'clock, and said, "You were not fortunate enough to take away my shirts last night"—you said, "What do you mean?"—I said, "Those shirts in the station-house-yard, in Gore-lane"—you said, "I was at home, and in bed by nine o'clock"—I did not see Mrs. Fearsant till after that—directly I saw her, she told me it was William Hermitage.
Prisoner. I am innocent. The woman says she saw me by the gas, and the gas has been cut off from that part of Kensington.
GUILTY . Aged 21.— Confined One Year.
DAVID BARLIN . I am in partnership with my brother; we are tobacco manufacturers in St. John-street—Green has been in our employ about six year—on the morning of the 4th of March, I was awoke by one of my servants—I went down stairs, saw Green, and a policeman in the shop—I said to Green, "What is all this about, Charles?"—he said, "I exchanged some shorts or smalls for some long for Mansford"—he said, "I have occasionally done it for him; I know I have done wrong, but I have never benefitted a farthing by it; he brought me a parcel this morning which I exchanged"—I said, "Where is the parcel?"—he said, "This is it"—I said, "Put it into the scale"—he did so—it weighed 8lbs. (the policeman had previously said, in Green's presence, "We have taken a man who says he purchased the tobacco at your house; he is now at the station")—I turned to the policeman, and said, "You see this weight, it is 8lbs"—he said, "Yes"—I said, "What does the parcel weigh which you have taken. with this man?"—he said, "13 3/4 lbs."—the policeman then laid, "Shall I take the shopman into custody?"—I said, "No, not at present; I am so flurried I hardly know what to tell you to do; we will go to the station"—On finding the difference in weight, I said to Green, "Independently of your rascality in exchanging smalls for long, you. knowing the relative value of each, how can you account for the parcel yon say you exchanged weighing 8lbs., and the parcel you have given away weighing l3 3/4 lbs.?"—he said, "I thought the parcel weighed l0lbs., and I left it for Mansford to take himself; I did not think he would take so much more than he brought"—I and the policeman then went to the station, leaving Green at my house—I saw Mansford at the station—I said to him, "What is the meaning of all this, Mansford?"—he raid, "I have not defrauded you of any thing"—I said, "Don't talk in that strain, this parcel only weighs 8lbs., and the other weighs 13 3/4 lbs.; how do you account for the discrepancy?"—he said, "I was going to bring you the other portion"—I said, "You were strong enough to carry away 13lbs., but not strong enough to bring it"—we went to his house, but found nothing that I thought proper to bring away.
Cross-examined by MR. ADOLPHUS. Q. What is Mansford? A. A shop-keeper in the neighbourhood—I knew that he and Green were intimate—Green asked my permission after business was over at our house to ask Mansford to come and play at chess with him in the counting-house, and it was granted—I was glad for him to have so respectable a companion—I went to the police-office, and took Green with me at a witness, but the Magistrate, rather to my mortification, insisted on sending him here, and he was committed—he bore an excellent character while with us—I had known him for eighteen years.
Cross-examined by MR. CLARKSON. Q. YOU manufacture snuff as well as tobacco? A. Yes—shorts are used in the manufacture of snuff—when we were examining Mansford's premises I said to him, "Well, now where is the parcel you spoke of? you said you were going to bring it; this ought to forthcoming, if there is any truth in your statement"—he said, "I can produce it, do you wish to have it produced?"—I said, "No, I don't wish to have it produced, but I merely mention it for you to bear yourself out"—he called to his daughter, "Betsy, bring me the parcel"—she did not understand him at first—he said, "That parcel of small"/emdash she went and fetched a parcel tied up in paper—I did not
ascertain the weight of that parcel—I have known Mansford three or four years—he has dealt at our house, but not considerably—we supplied him with tobacco up to the last year and a half, and occasionally with snuff—I always found him correct in his dealings—as an accommodation to those who deal with us we sometimes exchange long for short tobacco, if they have had the long from us.
JOHN WATTS (police-constable G 25.) I stopped Mansford on the morning in question—he had this tobacco with him—I asked him what he had got—he said, "Some tobacco"—I asked him where he got it—he said be bought it at Mr. Barlin's—I took him to the station-house, and weighed the tobacco—it weighs 13 3/4 lbs.—I then searched Mansford's house—I found nothing there the least suspicious.
Cross-examined by MR. CLARKSON. Q. Did you take away the parcel which was tied up? A. No—I cannot form any judgment of the weight of it.
THOMAS WARE . I am a policeman. I was present when Mansford was taken—I went to Mr. Barlin's shop and saw Green—I asked him whether Mr. Barlin was at home—he said he was not up yet—I told him I wanted to see him—he said directly, "Is it about the tobacco?"—"I said, "Not particularly," not wishing to tell him what my business was—Mr. Barlin came down, and what he has stated took place in my presence.
Cross-examined by MR. ADOLPHUS. Q. Green sent the servant up to call Mr. Barlin? A. Yes—I asked him whether I should take Green into custody—he said no, he had no one else he could leave in the shop.
NOT GUILTY .
1184. ANN HALL was indicted for stealing, on the 5th of April, 8 spoons, value 5l.; 2 rings, value 1l.; 1 brooch, value 6a.; 2 sheets, value 13s.; 2 pillow-cases, value 2s.; and 1 napkin, value 5s. —also, on the 1st of June, 7 yards of lace, value 14s.; 2 pairs of stockings, value l0s.; and 1 piece of patchwork, value 2s. —also, on the 25th of May, 2 sheets, value 13s.; and 1 table-cloth, value 5s.; the goods of Sarah Edenborough, her mistress; to all of which she pleaded
GUILTY. Aged 44.—Recommended to mercy. — Confined Six Months.
Sixth Jury, before Edward Bullock, Esq.
1185. JOSEPH CHESTERMAN was indicted for stealing, on the 6th of March, 6 3/4 lbs, of lead, value 1s.; the goods of Charles Hensch, and fixed to a building.—2nd COUNT, not stating it to be fixed; to which he pleaded
GUILTY . Aged 58.— Confined Four Months.
GUILTY . Aged 30.— Confined One Month.
MR. JONES conducted the Prosecution.
THOMAS CHARLES ELLERTON . I am a medical student attending King's College. On the 3rd of February I attended the lecture in the morning, which began at nine o'clock—I had a silk umbrella which I took there with me in the morning—I missed it at five the same day when I left the College—it was advertised—it was afterwards shown me by Temple—this now produced is it.
Cross-examined by MR. DOANS. Q. Where did you put it when you went into the College? A. In the stand, near the entrance-door of the College—it is worth 15s.—I have not the least doubt it is mine—it has a steel-frame, and there is a crack in the handle—I swear positively to it.
GEORGE TEMPLE . I am assistant to Mr. Burgess, a pawnbroker in Long Acre. On the 3rd of February I took this umbrella in pledge of the prisoner—in consequence of something I heard I gave information at the College.
Cross-examined. Q. The prisoner was not taken into custody then, I believe? A. No—I never saw him again till after he was at Bow-street—I live? positively he is the person who pawned it—he bad 4s. on it—it was pawned in the name of James Dixon.
(The prisoner received a good character.)
GUILTY . Aged 20.
MR. JONES conducted the Prosecution.
MILTON JOHN TAYLOR . I am a student at King's College. About the 4th of March, in consequence of something, Mr. Langly, in my presence, placed a book called "Druid's Surgeon's Vade Mecum" on the table by the Classical Theatre room door—I placed myself in a situation so that I could see anybody who came there—after I had done so, several of the students went, looked at the book, and left it on the table—afterwards the prisoner came, took it off the table, put it into his left-side coat-pocket, and went out of the door into the court in front of the College—I followed him—he went through Somerset House—Mr. Langly followed him through Somerset House—I went through one of our gates to look for a policeman—I could not see one—I then went before Somerset House and saw the prisoner come out of the gate of Somerset House and cross the Strand—I met Mr. Langly, and left him to pursue the prisoner up New Church-court, while I got a policeman—I afterwards saw the prisoner come up New Church-court into the Strand—I pointed him out to a policeman—he turned up another court and ran away—I saw him no more till he was in custody—a person named Ann Kelly brought the book back to the College the next day—it was the book I had seen the prisoner take off the table—I afterwards attended at the police-office—the book was produced there on the Tuesday following and identified—it was afterwards given up to Mr. Langly by the Magistrate's order—it has since been stolen again—I was in Mr. Langly's room when he missed it.
JOHN BAXTER LANGLY . I am a student at King's College. In the early part of March I had a book, called "Druid's Surgeon's Vade Mecum"—in consequence of something that Mr. Taylor said to me, on the 4th of March I followed the prisoner through Somerset House—I lost sight of him for a
moment—Mr. Taylor pointed him out on the opposite side of the street—I saw him go into Church-court—he stopped at a window—I stopped also—he walked on—I followed him again—he turned into a gin-shop at the top of a court—I walked on a few paces—he presently came out—as soon as he came out, I went in, and inquired his name—when I came out he was very nearly at the bottom of the court—I did not see him afterwards till he was in custody—the book was produced before the Magistrate—I put it on my book-shelf in my own room, and missed it on Thursday, the 17th of March—I do not recollect seeing it between the time of my returning it to my room and when I missed it—it was my book.
CHARLES CULMER . I am a policeman. I pursued the prisoner on the 4th of March—he passed through Little Catharine-street—I saw him take the book out of his left-hand coat-pocket, and in turning out of Angel-court into Little Catharine-street he threw it away.
GUILTY. Aged 20.—Recommended to mercy. — Confined Six Months.
ELIZABETH CATHERINE ILEY . I am the wife of William Iley, and live in Chester-terrace, Pimlico. The prisoner was our errand-boy—he came to us about a week before Christmas—he left about half-past nine o'clock in the evening of the 17th of February—it was his duty to come at seven o'clock the next morning—he did not come—I missed a silver spoon half-an-hour after he had left—I had seen it safe between five and six.
JANE KIRKHAM . I live with Mrs. Iley. The prisoner lived there—on Thursday evening, the 17th of February, the prisoner was with me, in the kitchen, between six and seven o'clock—I saw him take a tea-spoon from the tea-tray, and put it into his pocket—I said, "Richard, don't put the spoon into your pocket, for if it is lost I shall have to give an account of it"—he then took it out of his pocket, and pretended to put it on the tray—I turned round, and when I turned back again the spoon and the prisoner were gone—I saw no more of him till he was in custody, on the Monday.
(Property produced and sworn to.)
Prisoner's Defence. I am quite innocent.
NOT GUILTY .
1190. SARAH SANSUM was indicted for stealing, on the 8th of March, 1 plate, value 3s.; 2 3/4 lbs. weight of soap, value 1s. 4d.; and 2 1/2 lbs. weight of sugar, value 1s. 10d.; the goods of George Stokes, her master; to which she pleaded
GUILTY. Aged 31.—Recommended to mercy by the Prosecutor- Judgment Respited.
my till in the bar on Saturday, the 5th of March—John Cooper, the bar-man, had access to the till—in consequence of some suspicions, and information I received, I gave him some directions, and saw him mark a half-crown, seven shillings, ten sixpences, and three fourpenny-pieces, which I placed in the till after every one was gone to bed on Thursday night—I left the till unlocked, but fastened the bar up—on the following morning I got up first, and the money was all safe in the till—I took all the marked money out, and placed it there again at twelve o'clock at night, after every one was gone to bed, except the barman and myself—on Saturday morning the barman was down first—he called at my door for the key of the bar—I gave it him—I came down at eight o'clock, went to the till, and missed two shillings of the marked money that I had left in on the Thursday night—I sent for a policeman—he came, and we went into the parlour—the prisoner came in—I did not see her down before eight o'clock, but she had cleaned out the bar parlour and the bar, so she must have been up some time—there was no one but her to clean the place)—when she came in, I said, "Ann, I suspect you have been taking some money out of the till," and said, "Place the money you have got on the table"—she put her hand into her pocket, and put her money on the table—there were two shillings and four pence, and the two shillings were two of the shillings I had marked the previous night—I knew them by the cross filed on the head of them, which was done by my barman, by my orders, in ray presence—the prisoner came behind me, and said, "I hope you will do nothing to me"—the policeman took her, and took charge of the two shillings, which he has kept since.
Cross-examined by MR. BALLANTINE. Q. The policeman was present when she came behind you and asked you not to do any thing to her? A. He was—I do not think he heard it—Cooper is not here—he is no relation of mine—this paper (looking at one) is my wife's writing—it was not written by my direction—I knew of its being written, and this other paper also—Cooper was in the house before I took it, which was four years ago—he had been servant in that house seventeen years—I took the marked money out on Friday morning to count it, and kept it in my pocket the whole of the day—I put it into the till again in the evening—I did not desire Cooper to do it—I did not know of any intimacy subsisting between Cooper and the prisoner—I do not believe any did exist—I know the prisoner is in the family way—I was not aware of it till this occurred, or I should not have done this—she has been above a month in prison.
DENNIS KEYS . I am a policeman. I was called to Mr. Hobbs's house on Saturday morning—the prisoner came into the parlour—I asked her if she had got a pocket on—she said, "Yes"—I asked her if she had got any money in it—she said, "Yes"—I asked her to let me see, and she turned out all that was in it on the table—among it were these two shillings—I showed them to Mr. Hobbs, and he identified them—he gave them to me, and I have kept them ever since.
Cross-examined. Q. She acted with perfect willingness throughout? A I could have had three or four more indictments against her if I could have got the people to come forward.
NOT GUILTY .
1192. WILLIAM BEALES was indicted for stealing, on the 1st of January, 3 yards of valencia, value 1l. 14s.; 3 yards of swansdown, value 1l. 14s.; 13 yards of kerseymere, value 3l. 5s.; 6 yards of gam-broon, value 6s.; 7 yards of fustian, value 7s.; 8 yards of woollen-cloth, value 3l.; 8 yards of tweed, value 16s.; 1lb. weight of sewing silk, value 1l. 4s.; and 9 yards of corded cotton cloth, value 12s.; the goods Robert Edmonds.
ROBIRT EDMONDS . I am a tailor, and live in Gower-street, Bed ford-square—I purchased a house and business at Barnet, bat finding no business, I did not carry it on—there was property in the shop consisting of cloth, fixtures, woollen goods, and some furniture—I took another shop at Hadley, which adjoins Barnet—I fitted that up as a shop and moved my goods from the house I had taken at Barnet, to that house—the prisoner was in my employ previous to Christmas—he had does little jobs for the person I succeeded, and assisted me materially my business there—I staid at Barnet about two months—I left it about a fortnight before Christmas—the prisoner was left at the house at Hadley—I left my goods there in his care—I found trade was of no avail, and as he was so very much respected in the town, and his wife too, I said to him, "Beales, if you think you can get a living here, it will not answer my purpose; I will leave the thing as it stands; you may establish yourself as you can; and I will pay half of next quarter's rent"—nothing was said about the goods—I left them there for him, to make a respectable appearance—I afterwards received information about my goods, and went down to Hadley—I found the property removed from the premises—I have seen a great part of them since—they were returned to the house at Hadley one evening.
Cross-examined by. MR. PHILLIPS. Q. From inquiries yon have made have you the least doubt that in what he did, he was acting under the advice of a person named Parker, and his wife? A. I believe he did—I have no doubt he had sold some of the things in the shop—I found him at Hadley when I went down—he was to pay half the rent of the place—I had written to him once or twice on business—I have heard so high a character of him that I cannot, for one moment, think any thing to his discredit.
Cross-examined. Q. You bought it openly in the shop? A. Yes.
NOT GUILTY ,
NOT GUILTY .
NOT GUILTY .
HENRY JOHN CRECEY . I am a bricklayer, living in John-street, Islington, the prisoner lodged in my father's house, and slept in the same bed with me. On the 8th of March my father had a few friends dining with him—I went up stairs to change my clothes, and missed my coat, waistcoat, and trowsers, from a box under the bed where we slept—I kept the box unlocked—(I had not seen my things since the 13th of February)—I saw the prisoner on the 7th of March—he went away on the 8th—I saw him about eleven o'clock that night with a policeman—I charged him in the policeman's presence with stealing my clothes—he wished to give up the duplicate to my father, and said he could get a person to redeem them—he gave the duplicate to the policeman.
Prisoner. I am not the person who pledged it. Witness. He is the man—I swore to him at the office.
prisoner's Defence. I believe the prosecutor would not have pressed the charge against me, if it had not been for the policeman; the policeman said the prosecutor could not give up the charge, as it was in his hands I am not guilty of stealing them.
GUILTY . Aged 21.— Transported for Seven Years.
1196. THOMAS TAYLOR was indicted for steeling, on the 23rd of October, 2 gallons of gold-size, value 1l.; 4lbs. weight of ivory-black, value 8s.; 6 quarts of turpentine, value 6s. 9d. 2 cans, value 3s.; and 7lbs. weight of white lead, value 1s. 9d.; the goods of Robert Furniss; and that he had been before convicted of felony.
ROBERT FURNISS . I am an oilman, living in Cumberland-row, St. Pancras. On the 23rd of October the prisoner came to my shop, and stated, that he wanted two gallons of gold-size, six quarts of turpentine, 7lbs. of white lead, and 4lbs. of ivory-black, for a Mr. Townsend, a coachmakers, at New-street-mews, Bermondsey-street, and if I could put them up and send my boy, the money should be returned for them, or the goods—I put up the things for him, they are articles used by coachmakers, and amounted to 1l 8s. 6d.—I sent my boy, George Waters, with them, and the prisoner accompanied him in the cart—I told the boy not to leave the goods without the money—I only knew Townsend by name—I had had no dealings with him—I had no intention to part with the goods to the prisoner in any way without receiving the money for them—he is a person without a home.
Prisoner. I wish the witnesses in both cases, to leave the Court. I maybe able to prove a conspiracy between the two prosecutors—did you alter the depositions after I left the Court at Marlborough-street? Witness. Certainly not—I did not give the 29th of October, instead of the 21st—cannot recollect putting up a parcel of quaker-green for you, with the other articles—On the 25th of October I received a letter from you
—I have not got it with me—I thought it of no value—it contained a statement that you had lost the money, and would pay me in the course of a week—you have dealt with me for some time—I cannot say how long—I have sent out goods with you two or three times a week, but only on the understanding that the money was to be sent back for them—I have no recollection of saying that I would bet any money that I and Wright would transport you—I will not swear whether I did or did not say so—I might have done so—I might have said, "If I meet with Taylor I will transport him," or something of that sort, but I cannot recollect—I charged you 7s. 6d. a gallon for the gold-size, 4s, 6d. a gallon for the turpentine, 3d. per lb. for the white lead, 6d for the ivory-black, and 3s. for the cans.
GEORGE WATERS . I am now in the employ of Mr. Loveland, a butcher in Theobald's-road.—On the 23rd of October I was in the prosecutor's employ—on that day some articles were put into the cart to be taken by me and the prisoner—I knew him by sight by coming to my master's shop—we went together in the cart—he at first said he was going to Mr. Townsend's, but before we got there he said he was going somewhere else—be told me which way to drive—he did not tell me the party's name—I drove to Paddington—when we got there he told me to stop—I did so—he got some parcels out of the cart which had been put in at my master's and took them into a work-shop or counting-house—he came back again without the parcels—the others were in the cart—he then told me to drive to Mr. Townsend's—he told me to stop at New-street mews, Dorset-square—he took the cans and went into Mr. Townsend's with them—I staid at the top of the mews three quarters of an hour—he did not come back—I went round to the end of the mews near to Mr. Townsend's to see if I could see him—I saw him—he came back and asked me if I would have anything to drink—we went and had something to drink—I afterwards went back to the mews—he then said he should go down to Mr. Townsend's, he should not be a minute, Mr. Townsend had not come in—I waited there about half an hour—he did not come back—I went down to Mr. Townsend's to see if he was there, but could not find him—I next saw the prisoner on the 17th of January, in Greek-street, Soho—he said, "That was a pretty case that night, it was a bad job"—I said yes—he said he had paid Mr. Furniss three parts and he was going to work the other out.
Prisoner. Q. When we left Mr. Furniss did we go to New-street mews or Upper Park-place first? A. We did not go to Mr. Townsend's firs—as we were going to turn up to Mr. Townsend's you said you had some where else to go—I cannot say what the articles were that you delivered at the first places—there might have been one can, I cannot say—you took one to Mr. Townsend's—I cannot say whether you had one or two.
JURY. Q. Did you receive instructions from your master not to leave the goods without the money? A. Yes, I am certain of that.
GEORGE TOWNSEND . I am a coach-maker, living in New-street mews, Dorset-square—I remember on a Saturday in October, the prisoner calling on me and leaving two gallons of gold size, which I had ordered of him before—I paid him 10s. a gallon, which I always paid him for it, and he went away.
Prisoner. Q. Did nothing besides gold size come on Saturday? a. Not on that occasion—I had had turpentine of you but not on that occasion—I know I paid you a sovereign when you brought the gold size, and I
had paid you some money before that morning—you brought one can, and I had another can of yours in my possession—I have no recollection of the turpentine and gold size coming together—I never booked anything I had of you, but paid you as you brought it.
Prisoner's Defence. Before you come to a conviction of my guilt, you must be convinced the case amounts to felony; it must be clearly shown that at the moment the transaction occurred I had some felonious intention of obtaining the goods from the party; if I had should I have written a letter on the Monday afterwards, stating I would pay him the money in the course of a week? I had the misfortune to lose a sovereign that Saturday night; I went to my sister's to get a sovereign; she happened to be out of town for ten days; and when I came back the boy was gone.
MR. FURNISS? re-examined. The prisoner did not account to me for 1l, or has he paid me anything for these goods.
GUILTY . Aged 47.— Transported for Seven Years.
(There was another indictment against the prisoner.)
OLD COURT.—Thursday, April 7th, 1842.
Second Jury, before Edward Bullock, Esq.
1197. JAMES ELLIOTT was indicted for breaking and entering the dwelling-house of Thomas Richter, on the 3rd of March, at St. Luke, chelsea, and stealing therein, 6 spoons, value 4l. 7s.; 3 ladles, value 5l.; and 1 fish-slice, Value 2l.; his property.
MR. DOANE conducted the Prosecution.
ELLEN MCDONALD . I am cook in the service of Thomas Richter, who lives in the house in the Botanical Gardens, Sloane-street, in the parish of saintLuke, Chelsea.—On the 3rd of March I and my fellow-servant's attention was drawn by footsteps—I went out and saw a boy making his way up to the gate, while I was calling to him I turned round and observed prisoner coming in a direction from the pantry window, with this plate in his hand—I called out to him—he turned round, shot it out of his hand on the ground and ran off—I pursued him and saw Payne—he was afterwards brought back in custody—the plate is master's—I saw it safe in the pantry that morning, and I think the window was down.
Cross-examined by MR. CLARKSON. Q. How far from the pantry window did you see him? A. Two or three yards, within the premises—the gardens are public.
SUSANNAH BARNES . I am M 'Donald's fellow-servant—I heard an alarm about the plate, went out and saw the boy and afterwards the prisoner—he threw away the plate—I took it up—it is worth about 10l.—I saw it safe in the pantry about an hour before—there is a private part of the gardens belonging to Mr. Richter—the prisoner was in the private garden.
cross-examined. Q. Does Mr. Richter live in the house? A. Yes, and nobody else but his servants—I believe the house belongs to the proprietor of the gardens-Mr. Richter pays rent for it.
him—he crossed over and ran down the New-road—he made a little stop at Ward's cow-house in the New-road—I got up to him and said he must come back to Sloane-street, he was wanted—he said he should not and was going away—I took hold of him—he resisted, and at last walked with me about twenty yards and then ran about fifty yards—I caught him and he resisted a good deal.
Cross-examined. Q. Did you at any time lose sight of him? A. only a few seconds while he turned the corner—I am sure he is the man—I was running in Sloane-street about thirty yards from the gardens.
MARY ANN MARS JACKSON . About five o'clock in the afternoon I was walking in the New-road, and saw the prisoner by Ward's cow-house—he stopped, and I saw him throw something inside the cow-house—I told Mrs. Ward of it.
(Daniel Jameson, tailor of York-street, Westminster, gave the prisoners good character.)
GUILTY of Stealing, but not of Breaking and Entering. Aged 24.
Transported for Ten Years.
ROBERT FINNING . I am gate-keeper at the Regent's dry-dock, Millwall, Poplar. On the 5th of March, about half-past three o'clock in the afternoon I saw the prisoner come into the dock, and being a stranger, I watched him—I saw him go round a new steam-boat which was building, and when he left he had this saw in his hand—he put it through the fence off the premises upon the foot-path, through a gate there, which was fastened at the top and open at the bottom—he then turned round, and I met him on the saw-pit—I said, "I want you"—he said, "What for?—I said "For that saw"—he said, "There is the saw, I did not mean to steal it'—I took him and gave him in charge.
JOHN TEVENDALE . I am a shipwright, and live at Millwall. On saturday; the 5th of March, I was at work in the dry-dock on a new steam-vessel, which was building there—I left the dock at eleven o'clock in the day, as it was a holiday—I left my saw on board the vessel, or on the stage where I was at work—I went to work on Monday morning and it was gone—that produced is it.
Prisoner. The saw was not produced to him when he took me.witness. As he went to the station, he said he did not care a d—n about the saw, so that he could get shot of the duplicates without my seeing them he had asked me to let him go to make water before that, and I saw him tearing some duplicates—I picked up three of them, which were for two saws and an adze.
GUILTY . Aged 52.— Confined Four months.
On Saturday, the 19th of March, I was in my shop, opposite Mills's, the coach-maker's-shop, saw the prisoner lurking about a chaise—he went behind it, looked into an open carriage, took these cushions out and walked out of the shop with them—I went after him, stopped him, and asked where he was going—he said he was going no-where—I said, "Walk back with me to Mr. Mills"—I took him with the cushions back to Mr. Mills, who gave him in charge.
GEORGE MILLS . I am a coach-maker, at No. 171, Goswell-street—these cushions are mine, and were in a carriage into my shop on Saturday, the 19th of March—I had seen them the day before. JAMES BUCKLE. I am constable of the liberty of Glasshouse-yard. On Saturday, the 19th of March, the prisoner was given into ray custody with the cushions by Mills.
Prisoner's Defence. I had been out with some one who gave me something to drink; I did not know what I was doing.
GUILTY . Aged 27.— Confined Six Months.
Before Mr. Justice Erskine.
1199. ALFRED FLIGHT was indicted for feloniously assaulting Charles Swenson, on the 28th of January, and cutting and wounding him in and upon the back, with intent to do him some grievous bodily harm.
CHARLES SWENSON . I am a seaman. On the 28th of January I was employed on the London, a Newcastle trader—the prisoner was an apprentice and was employed on board that day—be and I were engaged in handling some iron bars into the ship, between nine and ten o'clock at night—he was standing between the decks upon the beam, steadying the bars as they came in, and I was in the hold receiving them—he handed them to me, and I took them into the hold—in turning the bars they sometimes touched the prisoner—that happened three or four times—he said, "You do this on purpose"—I said I did nothing of the sort—they happened to touch him again a little time after, and he took up a log of wood and flung at me—it hit me on my thumb, so that I lost the use of my hand, and dropped the bar out of my hand—I asked him what that was for—he gave me no answer, but went away on deck—I followed him, and found him on the quarter-deck, by the main rigging—I went up to him with a rope's-end in my hand, about as thick as my finger—I was hitting at him two or three times, but the rigging and the quarter-boards prevented as I getting at him—I dare say the rope hit him, but not as I intended—I then took him by the collar and pulled him out from there, and as soon as I him out he stabbed a knife into me—I had hit him with the rope before that, and was then in the act of pulling him ont and striking him with the rope—while I was doing that he stabbed the knife into me immediately—I did not see the knife in his hand, but I felt the blow—he struck me at the back of the left shoulder—I could feel that it was done with some sharp tool or knife—at the time he struck me he said, "Take that"—I left him, and showed my shoulder to Thomas Walton and the mate—I went immediately to a doctor in the Minories, who advised me to go to the London hospital, which I did, and was there from the 28th of January to the 15th of march.
Cross-examined by MR. PHILIPS. Q. What sort of iron-bars were they? A. Different sizes, eighteen or twenty feet—I will not swear the bars did not him more than three or four times—they would not hurt
him—they hit him about his thighs or legs—it was dark, and I could not see where exactly—he only said once that I did it on purpose before he flung the wood—when he went away I said, "I will pay you for that, and asked the mate where he was, and went after him—the rope was hard, or it would not be good for any thing—they do not hit very soft—I did not give him more than three or four blows with the rope I can swear, for I hit the rigging instead of him—we did not scuffle—I merely took him by the collar and pulled him out when I could get at him—as soon as he came out he had the knife, and used it.
Q. Was it not in the scuffle while you were pulling him out that he stabbed you? A. You may call it a scuffle, but there was no scuffle—I pulled him out, and in a moment he stabbed me—he had not time to take the knife out of his pocket then—he must have had it ready—I cannot tell how long I had been hitting him—I was quite sober—I had drunk nothing but small-beer—I had no gin nor spirits, nothing bat small-beer all the day long—I will swear that—I had not been on shore—I had been working hard all day—I cannot tell how much beer I drank—Idid not put anything into it—I never laid my hand upon him before—I have been in the ship five years—he has been there three months—I swear there was not a scuffle—he certainly was not willing to come out, but I got him out in a moment—I pulled him with all the force I could.
THOMAS WALTON . On the 28th of January I was a seaman on board the London—I saw Swenson, who is the cook, and the prisoner there, handling in the bars of iron—I saw none of them strike the prisoner—the prisoner complained that Swenson touched him with them, and the last time he touched him the prisoner flung a log of wood at him, which hit him on the thumb—Swenson dropped the bar, the prisoner went on deck, and the cook followed him—I did not see them on deck together—I was in the hold till the cook came down again in three or four minutes, and asked me if his jacket was cut—I looked at his jacket, and it was cut across the back—I looked through his shirt, and saw a wound under his left shoulder-blade—he seemed faintish—I got him on deck, then took him down in the cabis and examined his wound—it was just under where the cut in the coat was—I could not judge whether it was a bad wound.
Cross-examined. Q. What was you doing in the hold? A. I was busy with the bars of iron—I cannot say exactly how long the cook was absent.
THOMAS WODDON . In January last I was mate on board the London I recollect the day the cook's shoulder was cut—I heard him and the prisoner on deck—I did not see them—it was between nine and ten o' clock at night—I first saw the prisoner go on the quarter-deck, and in two or three minutes I saw the cook go in the direction the prisoner bad gone—I heard them scuffling, or something, but did not know what they were about—I saw the cook after he received his wound, on the deck—he was taken into the cabin—I saw the wound on his left shoulder—I called the prisoner down to look at it himself—he came down and saw it—I heard him say he chucked the knife overboard—he was down in thesteerage at time—I forget whether that was before or after he saw the wound—it was after I had heard the scuffle on deck.
Cross-examined. Q. Is the London a ship or a brig? A. A brig—I was standing in the gangway—I did not see the prisoner come out of the hold—I did not see him come up followed by the cook—I saw the prisoner
after he came up—he did not speak to me then—he had come up before that, but how long before, I could not tell—he came, and complained to me about Swenson—I said if he did not go about his work, I would ropes-end him—this was before he came up from the hold, followed by Swenson—I cannot say how long before—he came up before this I raffle, and complained to me—I did not take notice whether he went and hid himself—I was busy counting the bars at the time—if I had bothered my head with him, I should have several bars missing, perhaps, but I am certain it was not at that time—when I sent him to his work, I belive he went into the hold again, but I cannot swear where he went—the scuffle between him and Swenson was under the main rigging—I cannot tell whether he went away to the main rigging when I sent him to his work—I saw Swenson come up, and go towards the main rigging after the prisoner—the words I used to the prisoner were, "If you don't go about your work, and not come bothering me here, I will give you a d—d good thrashing"—I called him nothing, to my knowledge—I will not swear I did not mention b—to him, or any offensive I word—I think not.
JURY. Q. How long were you taking in the iron? A. I do not exactly recollect—there was, I believe, about fifteen tons of it—we were at work till after twelve o'clock—after this happened the prisoner went down into the forcastle.
THOMAS WALTON re-examined. I was down in the hold at the time the prisoner complained that the bars struck him—I cannot say whether Swenson was handing the bars carefully or swinging them round incautiously—he had to swing them—he was taking them in with proper care I believe—he could not swing them much till he got below the beam—the prisoner was obliged to be on the beam to steady them.
BENJAMIN WOOD (City police-constable, No. 526.) On the 29th of January, I took the prisoner into custody on board the London, and in going to the station I told him he was charged with stabbing the cook—he said he did it in self-defence, and that the cook had ill-used him—I asked what he had done with the knife—he said he had thrown it over-board
FREDERICK JERVIS JACKSON . I am a surgeon. On the 28th of January, I was at the London Hospital when Swenson was brought in—I examined him, and found a wound on the back of his left shoulder—it was a cut, such as might have been inflicted with a knife—it was three inches externally, and an inch and a half under the skin—I did not ascertain the depth—it was upon the shoulder-blade—the knife might have slid off the bone there, and entered the chest—it extended beyond the shoulder-blade—attended him until the 15th of March—it was a dangerous wound in its effects, but the part it was inflicted in was not likely to be dangerous unless it extended deeply—I did not ascertain how deep it was—it was attended with pleuricy afterwards—the instrument appeared, by the symptoms, to have penetrated the pleura—the symptoms arose more rapidly than would be produced by sympathy—he was in considerable danger from
Cross-examined. Q. Did it appear as if the knife had glanced down off the shoulder-bone? A. Yes.
(The prisoner received a good character.)
GUILTY of Assault. Aged 19.— Confined Six Months.
ALEXANDER PRATLEY . I am a labourer. The prisoner keeps the Hoop public-house at Kensington Gravel-pits—he has got a skittle-alley. On the 7th of March, about half-past nine o'clock, I was in the skittle-alley, playing—the prisoner came to put out the lights—I said,"Don't put out the light, master, till we have finished the game"—he put them out, and lighted them again—I was playing for a pot of beer—when we had finished the game, he said we might go into the tap-room and have the beer—we all went out of the ground but four, leaving him and the potboy there—I went into the tap-room—while we staid there some time the pot-boy came, and said, "You had better go down into the ground if you want any beer, for master has ordered me to take it down the skittle-ground"—we went down to the door of the skittle-ground—the prisoner saw us coming, and shut the door, saying, "I will have none of you riff-raff set in here"—I told him I did not want to go into the ground, I only wanted a drop of the beer we had been playing for—one of the young men drank out of the pot, and ordered the landlord to give it to me, for it belonged to me, for I had won it—I then stood outside the door—the young man who I had won it of remained in the ground—he then gave me the beer, and I took the pot into the tap-room—the prisoner followed me, and said, "Now, you b—y riff-raff set, get out of my house, for I will have none of you here"—I told him I would go as soon as the beer was drank, and not before—he said if I did not go, he would fetch somebody to put me where I had been before (I have been in jail for getting tipsy, and several times in the station-house, but never for any thing but drunkenness) the prisoner went out, and returned in about ten minutes, with a large stick in his hand—he walked up to me, and struck me a violent blow on the head—I had a round cloth cap on my head—the blow knocked me down, studned me, and when I came to myself, I saw him standing over me (the blow cut my head—it bled for about an hour and a half—this is the mark which I have now) the prisoner was standing over me with the stick in his right hand, holding it up, going to hit me again, but a young man, named John Lamborn, laid hold of him—the prisoner was standing over me, threatening that he would cut my b—y brains and eyes out, or any b—I that took my part—Lamborn came in and laid hold of him—I ran out, fearing he would strike me again—I heard Lamborn say, "pray don't hit him any more"—two young men took me to Mr. Wright, a doctor—I was nearly a fortnight under his care—I feel well now—I have not much pain from it, only at times.
Cross-examined by MR. CLARKSON. Q. Are you in employment now? A. Not at present—I could have gone to work about a week ago if I had not had my head bad—it would not allow me to stoop—I have been out every day since this occurrence—I have been in the public-house sometimes—I have not been in any row since this—I never was in custody for anything but being drunk—the T division of police is stationed at Kensington—I have been in custody for assaulting Peckham of the T division, Compton, No. 9, and Swain, T 130, and for assaulting Hammersley, T 53, and for fighting at Kensington—I was taken into custody in November, 1840 for being drunk in the Uxbridge-road; and
on the 19th of February, 1841, for assaulting Ellis, T 78; and on the 25th of October last, for assaulting Martin, T 41—I was in custody in December last, for being drunk and disorderly—I cannot tell how many times in January—a gentleman now present set his servant to give me a good biding and I knocked his servant down—it was half-past nine o'clock when I was in the skittle-ground—It was not ten o'clock when I received the blow—I will swear it was not nearly twelve o'clock—I was quite sober that night—I did not work for anybody then—I had been out of work, but not so long as three months—I was never in any regular employment—the labourers with me that night were not out of work—they were not exactly with me—they did not form part of my party—they were in the room when he struck me—I do any work I can get to do—never fought a prize fight in my life—I was once a party to one, and the gentleman there held some of the money—I did not understand you before—I have had several fights, but only one for money—the last was about two years ago—the prisoner's wife was at home on this occasion—the prisoner desired me to quit the premises—I do not recollect saying, "I will see you b—first; neither you nor any b—policeman can put me out"—I might have said so—he said he would fetch a policeman, but he fetched a stick instead—I did not abuse his wife—I swear she never came into the tap-room; she only looked in at the door—I did not use abusive expressions to her, nor call her a wh—e—I used no coarse expression to her at all that night—I never called her a wh—e in my life, nor put up my knuckles to the prisoner and threaten to knock his b—y eye out, or knock him down, nothing of the kind—I have not said I was stunned for ten minutes—I was about a minute, I suppose, or rather better, on the ground-moon as I came to my senses I got up and walked out—I could get up—I went to the doctor's which is rather better than half a mile from the public-house—I was out the next day, but not in a public-house, except while I was waiting at the office—I did not go into any other that I recollect—I was not in two or three that day—when I am out of employ my father and mother keep me—they live at Kensington Gravel-pits—I am single—I know Isabella Williams—I do not recollect being charged with assaulting her—I do not recollect kicking her—I never was charged with it—I once threw a pewter pot at one Milwood.
JOHN LAMBOEN . I am a carman—I keep a little cart—I was in the public-house, in the parlour, not in the room this happened—I heard a scuffle and went into the tap-room from the parlour—I was there about half-past nine o'clock—I had not been of the prosecutor's party—when I went in", I saw the prosecutor down, and Mr. Colee about him with a. stick, as if going to strike him—he had struck him and had got the stick up again—I said, "For God sake do not strike the man, see how he is bleeding"—the prosecutor was on his knees at the time, just getting up—Colee said, "I will beat your brains and eyes out"—the prosecutor then got up and went out—the prisoner was in a great passion—the stick was about half a yard long, and tapered at the end—the largest end was out of his hand—the thick end—he said he would strike any b—y b—that took his part, but he did not offer to strike me—I went to the bar five or ten minutes afterwards, and said, "Mr. Colee, I think you have hurt that man's head very much"—he said he was very sorry indeed—he expressed his sorrow many times, and said he was very when in a passion.
Cross-examined. Q. Had you seen the stick before? A. No—it is sometimes not very easy to find a policeman in these gravel-pits, it is a large place—they are walking about—you may have to walk above a mile to find one at times—I am sure it was the prisoner that used the abominable word I have said—I did not hear the prosecutor use that expression—I was not there till he was down—I did not hear any abase of Mrs. Colee—I was not of the party.
JAMES OXFORD . I was at the public-house that evening, in the tap-room—I had not been playing at skittles—when I first went into the tap-room there was not a soul there but myself—Pratley came in in about a quarter of an hour—I did not drink with him—I was not of his party—I had a pint of beer, and gave part of that away to a man—Pratley and his party came into the tap-room—the prisoner came in afterwards, and Pratley told him he thought he had as much right to play in the skittle-alley as the rest had—I did not hear him make any answer—Pratley kept on, and said it would not pay him to keep a skittle-alley only to allow two people to play—Colee said he paid the rent of the skittle-alley himself he did not want him to pay it, and did not want him about his house at all, neither would he have him about the house—he then said, "Get out"—Pratley said, "I shan't go till I have drank my beer"—Cole said,"Then I will soon fetch somebody to put you out, and put you where you was before," and went out directly—I staid there, with Pratley alongside of me—I did not see Colee come in again, but I heard him come in is about ten minutes—as he came in he said, "I know you are a better man than me;" but before I could distinctly hear the word "man," the prosecutor was down at my feet—I then saw the prisoner, he had got his left knee rather bent towards the ground, and was holding a stick in his right hand, with his arm up, as if he was going to strike again—Pratley was lying on the ground, begging for mercy—I saw Lamborn there—he came in between me and the landlord, and spoke to the landlord, but I cannot say what he said—I was rather stupified myself with the sudden fright—he caught hold of the landlord, who said he would knock the prosecutor's brains or eyes out I do not know which, and ere a b—who took his part—he did not strike any other person—he did not strike Pratley again—the blood was flowing very much from Pratley's head—Pratley went away—the stick was about as long as from my elbow to my knuckles, and ran thick three or four inches down, like a stout walking-stick cut in two.
Cross-examined. Q. You were not of Pratley's party? A. No—I have seen him there before, but I am not acquainted with him—I am in the stable-line—Pratley does not work among horses—I never saw him work—he does ground work, I believe, when he has work—I have lost a front tooth by accident—I do not think I need answer whether it was from a man's fist.
THOMAS HOLMES . I am a sergeant of the T division of police, on the 7th of March, about eleven o'clock at night, Pratley complained to me—he was bleeding very profusely from a wound on the right side of the head—I sent him to Mr. Wright, a surgeon, who lives about half a mile from Colee's house.
FREDERICK CHARLES WRIGHT . I am a surgeon and apothecary, and live at Kensington. I do not know the prisoner—at near eleven o'clock in the evening of the 7th of March, Pratley was brought to my house—he was
bleeding very much from the right side of his head, and, on removing the hair and clots of blood, there was a wound about two inches long—it was A ragged sort of a wound—it did not lay the bone bare—I probed it—it was not very deep, but as deep as could be without laying the bone bare—a stick would have made it—he came to me almost every day for four or five day—I saw him for eight or ten days—there never was any danger—the danger was in apprehension, but not in reality, for no unfavourable symptoms occurred—there never was any danger—I am not able to say I whether he was drunk when he came to me.
Cross-examined. Q. Was there any reason to apprehend, in the state he was in, that if he had gone to work and stooped his head, he would be in any difficulty? A. Not the slightest; but, of course, for the first fortnight, a prudent surgeon would not give an opinion of the ultimate result of such a blow.
MR. CLARKSON called
THOMAS JENKINS . I was in the service of the prisoner at the Hoop public-house. I remember the prosecutor coming to master's house to play at skittles—he comes there every night—I was in the skittle-ground—master ordered him to walk out of the skittle-ground—he had been quarrelling about the beer—mistress was in the bar—the prosecutor said, "I will see you b—first; neither you nor any b—policeman can put me out"—master went out for a policeman, but before the prosecutor said to Distress, "You w—, you go to b—y"—she had given him no provocation—she only asked him to quit the house—there were four or five of his party—I did not hear him use the expression "wh—"to her—he said, "Have you any thing to do with it? you can go to b—," and shut the tap-room door—this was when the prosecutor was out after the policeman—I told him of these expressions when he came back, when master came out of the skittle-ground and told him to walk out—he lifted his hand to master, and said,"I should like to knock your b—wall-eye out"—he said in the tap-room, before he went out, "You may go to b—or you may fetch the policeman, and be b—"—when the prisoner came back he asked him if he would go out, and he said, "Go to b—"—I saw the landlord strike him—he only struck him once—when Lamborn laid hold of him he walked into the bar.
ISABELLA WILLIAMS . I was in the service of Mr. Colee when this happened, but am not now. I was at home this night, and saw Pratley in the skittle-ground and in the tap-room—I did not hear him abuse mistress—I was asleep in the kitchen at the time—I heard him tell master he would punch his b—eye out when master scolded him for being in the skittle-ground—I did not hear master say he would not have him nor any of his riff-raff party there—I did not listen to it—I went out of the bar into the kitchen, and it was when I came back that he said he would punch his b—eye out—this was after master had done scolding, when I came out of the kitchen again.
(The prisoner received a good character.)
GUILTY of an Assault.— Confined Six Months.
Before Mr. Justice Coltman.
Kingsland-road. I went out that Saturday afternoon, leaving about eight pairs of Clarence boots hanging upon the door-post—I returned at nearly twelve o'clock at night, and two pairs were gone—I found them at the station that night—one pair has my stamp upon them—I am certain of them.
Cross-examined by MR. HORRY. Q. I believe yours is rather a populous neighbourhood? A. Yes—it was Saturday night.
WILLIAM BROWN . I know Mr. Wright's shop in the Kingsland-road About half-past eleven o'clock that evening, I was crossing the road, and saw a man cut a pair of Clarence boots from the door—I followed him quietly for twenty yards without giving any alarm, and then he gave them to the prisoner who stood against a gateway, about twenty yards from the shop, with his apron open ready for them, and he received them in his apron—it was very dark—he could see the shop from where he was—the man who gave them him returned towards the shop—I heard a whistle is the direction he had gone, and the prisoner immediately crossed the road—I followed him—he went in the direction the other had gone, I caught hold of him upon the pavement, and two pairs of boots dropped out of his apron—I gave him in charge with the boots—I am sure the man only cat off one pair when I saw him.
Cross-examined. Q. You say the distance was twenty yards? A Yes, it may be thirty—I do not think it was forty—I should say thirty is the outside—it was on the same side of the way as the shop—persons might have passed me at the time—I did not take particular notice—I did not see the prisoner at the time the man cut them down, not till he came close up to him—I might have seen as far as the gateway if I had looked—I cannot say who whistled.
GEORGE HORNER (police-constable N 229.) I saw Brown following the prisoner—just as I got opposite the prisoner Brown touched me on the shoulder and caught the prisoner by the coat-tail—I turned directly, and saw the two pairs of boots fall from his apron—I secured him.
Cross-examined. Q. Do you know the gateway? A. Yes, it is three houses from the prosecutor's.
(Property produced and sworn to.)
GUILTY . Aged 21.— Confined Three Months.
Before Mr. Justice Erskine.
WILLIAM GREGORY . I keep a laundry. The prisoner came into my employment in April, 1841—he had been with me before—the latter part of the time his duty was to take out the linen in the carts to the customers, and receive the bills—he was authorized by me to receive the money—he usually accounted to me the same evening when he returned—John Lewis was a customer of mine, and lived with Mr. Briggs, of High Holborn, as shopman—on Saturday, the 2nd of April, I sent his linen to him by the prisoner—a young woman went with him in the cart—Lewis owed me 2s. 3d. for the first week—it was his duty to receive the money for the linen he took home that day—in the evening he did not bring me back any money at all—I paid him his wages weekly, and paid him that night—I did not discharge him—he ought to have come to do his horse up on Sunday morning—he did not come on
Sunday or Monday—I went on Monday morning to his wife, but he never returned—I did not see him till the Monday fortnight following, when he was apprehended—be never accounted to me for the 2s. 3d, from Lewis.
Cross-examined by MR. DOANE. Q. HOW long had you known him altogether? A. Seven or eight years—I sometimes employ twenty-five hands—Saturday is a busy day—he would be out three or four times—I cannot say what time he went out this day—he went out twice, bat not so early as six o'clock in the morning the first time—the second time was eight or nine in the evening—he would have to go to twenty or thirty places that Saturday—he came home after twelve at night—his wages were 15s. a-week when he first came, but were afterwards reduced to 12s.—he bad drawn money that week, and I paid him 6s. 6d. balance—I gave instructions to the police to take him on the Saturday, before he was taken on the Monday—I found he had gone to live with Mr. Hall, who keeps a laundry, and one cart—I heard he had been seen with one of Mr. Hall's cart on the very Monday after he left—I do not know Hall when I see him—we are not on friendly terms on my part—Mr. Hall land my former servants have had legal proceedings, but not me—Hicken-bottom, who is in my service, was driving my cart, he ran against Hall's cart, and he took out a warrant against him, but I had nothing to do with it—there was not an action brought about it.
JOHN LEWIS . I was assistant to Mr. Briggs, of Holborn, when this happened—while there, Gregors washed for me—on the 12th of February, the prisoner brought my linen home—it came to 2s. 3d.—I paid him 2s. 3d. for Mr. Gregors.
Cross-examined. Q. I believe the prisoner did not ask you for the money? A. No, I paid him—I did not ask for a receipt.
NOT GUILTY .
First Jury, before Mr. Recorder.
FRANCIS TUBBS . I live at Ormsby-street, Kingsland-road. On Tuesday, the 2nd of March, a few minutes after seven o'clock in the evening, I was passing through Black Horse-fields at the end of Ormsby-street—the prisoners overtook me—Price was carrying something in his arm—they rather ran past me in a direction from Cloake's house—I followed them into Kingsland-road, ran round in another direction, and met them—Price still had the bundle—it was quite dark—I and John Smith followed them into Mill-row—Price ran, and dropped the bundle when he found he was pursue—I seized Glover, and took up the bundle—it contained a coat—they were both together till Price ran off.
Cross-examined by MR. HORRY. Q. YOU were walking in a direction from Cloake's house? A. Yes, the prisoners passed me very fast—that was the first intimation I had of any thing—it was their suspicious manner of Passing, and Price nudged Glover—I was never in this Court before—I did not run myself—I followed them, and crossed to meet them in the Kings-land-road—I lost sight of them while I ran round, certainly—as soon as the policeman cried, "stop thief," a crowd gathered, and Glover turned back towards me as soon as price began to run, and ran in to my hands—some People came between him and the policeman, but I never lost sight
of him—they got before me again in the Kingsland-road, but not out of my sight—I do not know how far Price ran before he was stopped—Glover did not run at all—I was behind the policeman—I did not take hold of Glover at the time the policeman passed—I was at the Camel public house three or four days ago—I did not take some gin with the waiter—I do not know him—I did not tell him I was uncertain about Glover, but certain about Price—I said nothing of the sort—all the conversation I had was about what sort of a character he bore—I heard that Glover was suspected of being one of a party who broke in at the back of the Camel—the land-lord told me so—Mill-row is not very well lighted, nor the Kingsland-road—there is a gas-light close to where this took place—I had light enough to see them.
JOHN SMITH (police-Constable N 121.) I was on duty in the Kings-land-road—Tubbs pointed out the two prisoners to me—they appeared in conversation together, and were on the opposite side of the road—we followed them—when Price saw me he dropped a bundle wrapped up in an apron, containing this coat, and ran down Mill-row—I told Tubbs to take up the bundle, and I pursued him calling "Stop thief," and never lost sight of him till I ran him down—he said, "Why I have been here half-an-hour asleep"—he had stopped just in a door-way in the Canal-road, and was standing crouched up in the door-way—I pulled him out and said, "You must go back with me to where you dropped the bundle"—he said, "What bundle, I know nothing about any bundle"—I said, "Well, go back, you perhaps will know it when you see it," and asked why he ran—be said he was in a hurry—I took him back—he denied all knowledge of the bundle or of Glover.
THOMAS CLOAKE . I am a tailor, and live at No. 75, Pleasant-place, Kingsland-road—this is my coat—I had seen it safe at five minutes before seven o'clock in the evening, and missed it about seven—it was on a block at my door—it is worth 2l. 10s.
(The prisoners received good characters.)
PRICE*— GUILTY. Aged 18. Both recommended to mercy by the Prosecutor. GLOVER— GUILTY . Aged 21. — Confined One Year,
1204. ROBERT BEARD was indicted for stealing, on the 11th of March, 1 tippet, value 1l.; 1 shawl, value 7s.; 1 gown, value 7s.; 2 caps, value 4s;1 wine-glass, value 6d.; 1 tumbler, value 1s. 6d.; and 2 ornaments, value 6d.; the goods of Charles Blockley.
SARAH BLOCKLEY . I am the wife of Charles Blockley, of No. 22, Little Brook-street, Regent's-park. On the 11th of March I left my room for three or four minutes, and on returning missed the articles stated in the indictment, which were quite safe when I left the room at a few minutes before two o'clock—I went to the station to give information, and found them, and the prisoner was in custody—they belong to my husband.
Prisoner. The prosecutrix knew me years ago—I paid her a visit supposing her to be a single woman. Witness. He never visited me—I do not know him at all—I was married in 1838, and have my certificate.
HENRY ROBERTS . I am a policeman. On the 11th of March I was in the Hampstead-road, and met the prisoner with a shawl, a gown, a four cape, and two caps in his possession—I asked where he got them—he said, "They are my woman's"—I said, "That won't do for me, where did you bring them from?—he said," "I picked them up"—I took him to the station, and found these other things on him—while I was searching him
Mrs. Blockley came in to give information, and saw her things lying there—there are parties about the neighbourhood who keep disreputable houses, but I know nothing against the prosecutrix—her husband is at sea—I think the prisoner's statement quite wrong.
Prisoner. It is five years since I visited her—when I came to Newgate I was scarcely sober. Witness. He might have been drinking, but he knew perfectly well what he was about—he was brought to Newgate within an hour almost of the time—his pocket was full of things takes from the room.
(Property produced and sworn to.)
Prisoner's Defence. I hope you will be merciful; I was under the influence of liquor; I have been in great distress of late.
GUILTY . Aged 34.— Confined Nine Months.
JOHN HOWARD . I am a builder, and live at the corner of Hope-town, Bethnal-green-road—the prisoner worked for me as a sawyer for eleven or twelve yean. On Sunday evening I took a constable with me and found him in front of the bar of a public-house in Church-street, Bethnal-green—I asked him to go and show me where he had taken two planks of mine on the Saturday evening—he went with me to Mr. Vallantine, who said in his presence they were the two he brought there, that he had brought three others there about an hour and a half before, and that he had bought a great many of him on former occasions—I found "forty-seven pieces of deal in Vallantine's yard, which are my property—they are rather wider than they are usually cut, and are not very common—Vallantine said in the prisoner's presence that he had brought them all to his house—the prisoner did not deny it.
DANIEL VALLANTINE . I am a furniture-japanner, and live at New-inn-yard. The prisoner brought planks to me—I never bought more than eleven feet at a time of him—sometimes he brought two leaves, sometimes three—they were yellow deal—he has brought a good many—those found on my premises are what he brought—he said he was a sawyer, and they were his property.
Prisoner. I have been in the habit of having a yard myself, and selling stuff for different people—I got so much for selling it—these were brought to me to sell—I do not know the man's name.
GUILTY . Aged 67.— Confined Six Months.
GUILTY . Aged 29.— Confined Three Months.
JOHN MAUNDERS . I live in Doughty-mews, St. Pancras, and keep a coffee-stall in Guildford-street. Between three and four o'clock in the morning of the 8th of March the prisoner came and asked for a cup of coffee and a slice of bread and butter—he put 1 1/2 d. into my hand—I said, "This won't do," and he said, "Give me change for half-a-crown"—I laid 2s. down on the end of the board—while I was taking out 4 1/2 d, he took up the 2s. and put them into his right-hand breeches' pocket—I think he had been drinking, but he was not drunk—I asked him for his half-crown—he said he had given it to me—I said he had not, and afterwards he denied having the 2s.—when he said he had given me the half-crown, I said, "You have not"—he said, "Yes, I have"—I said, "Nonsense, don't make a piece of work about it"—he was going away—I went and stopped him—he said if I did not let him go, he would knock my b—nose off—I called a policeman, who took him to the station, and in going to the station I said, "You had better give me the 2s., and I will go no further"—he was searched at the station, and 2s., and half-a-crown were found upon him—I had no particular mark upon the shillings, but I saw him put them into his right-hand pocket, which they were taken from.
Cross-examined by MR. BALLANTINE. Q. I believe he was helping himself to the coffee during the time? A. He drank the coffee before he took up the 2s,—he had offered me the halfpence directly be took the coffee—he then said I must give him change—he laid the 1 1/2 d. on the board—he did not take it up.
GEORGE RICHARDSON . I was at the coffee-stall, and saw the prisoner put 1 1/4 d. into the prosecutor's hands—he said he must have another farthing—the prisoner said, "Then give me change for half-a-crown"—the prosecutor took 2s. from his pocket, and put them on the board—the prisoner took them up, put them into his right-hand breeches' pocket, and was asked for the half-crown—he said he had given it him—he moved to go away—the prosecutor laid hold of him—the policeman came up and took him—he denied all about it—when he got to the station be said he had done it for a lark.
Cross-examined. Q. Did he appear intoxicated? A. He appeared to have drank a little, but he was not drunk—he knew what he was about—I saw him given into custody—he made no resistance—the policeman took the money out of his pocket at the station—it was on the way to the station he said he did it for a lark, and at the station be said he knew nothing about it.
FREDERICK DANN . I am a policeman. I took the prisoner in custody near the stall—on the road to the station he denied having taken the 2s. off the stall, and then turned round, and said to me, "I only did it for a lark"—the prosecutor said, "Well, give me the 2s., and I will go no further with you"—he said, "No, I will go to the station"—when he got there he denied having any money at all in his pocket—I considered he had been drinking, but he could walk as well as I could—there appeared something in his eyes as if he had been drinking—he appeared sleepy.
Cross-examined. Q. Did he make any resistance? A. Not after I got up.
COURT. Q. At the time he said he had no money, he knew you were going to search him? A. The charge was not entered then—when the money was found he said it was all he had got.
NOT GUILTY .
1208. JOHN BRADLEY was indicted for feloniously assaulting William Reardon, on the 3rd of April, and cutting and wounding him in and Upon his nose, mouth, and face, with intent to maim, disfigure, and disable him.—2nd COUNT, to do him some grievous bodily harm.
WILLIAM REARDON . I am a wine-porter, and live at Pitt's-place, Drury-lane. On the 3rd of April I was with a person named Ford, and Let the wife of the prisoner in Queen-street, at least his woman, not his wife—I am aware of that—if I say what I do not know to be true I am liable to be prosecuted for perjury—I will stand that—I met a person the prisoner calls his wife in Queen-street, Seven Dials—she was crying—her bonnet was pressed in—Ford and I accompanied her home to No, 6, Upper Rathbone-place, where she and the prisoner lived—after we got into the room we had a glass of gin each—in about ten minutes the prisoner rushed into the room—during that ten minutes I had said nothing to the woman to my recollection—there was some conversation about what bad occurred to her, but I do not recollect what it was—there was nothing immodest or improper passed between her and me—that could not be while the other man was in the room—when the prisoner came in he took a knife off the table or out of a drawer, I cannot say which—there was a light in the room—the prisoner ran at me, saying, "You rascal, I have heard you," plunging the knife into me—I grasped him by the arm, and held him pretty fast—Ford made his escape to the door, and looked on I while we were entangled with each other—I got the prisoner down upon the bed or floor, and made my escape to the door—the street-door was shut before me as I was trying to get out—when I got into the street he followed me with the knife, saying the words "B—d stop"—I ran for the moment, but finding him coming upon me I returned to him. again, and encountered with him—he bad the knife all this time—it was then I got this cut on the bridge of the nose—I was cut on the nose in the room previous to going into the street, but other wounds occurred in the street while I held his arm—there was nothing to prevent his stabbing me, but I believe he was not equal in strength to me—I came back because I might as well come back as to have him catch me in the back.
Prisoner. Q. Did you not put your hand on my wife's person, or my woman, before you entered the room-door? A. No, I did not to my knowledge or recollection—I cannot say more.
COURT. Q. You will not swear you did not? A. I cannot swear I have done so, nor that I have not—I have no recollection of it—I swear I do not know whether I did or not—I was intoxicated.
Prisoner. Q. Did you not kiss my wife in the room? A. I have no recollection of it—I did not place my knees between her legs in the room—she did not say to me, "Reardon, I am ashamed of you; I always thought you a blackguard, and now you prove it"—I have said to my brother-in-law, in a moment of intoxication, that I wanted to make your wife drunk on purpose to get my will of her—I said it last week in their place—I was sitting down on a chair at the end of the table at the time I was stabbed with the knife.
Q. Did you say to her, "Be quiet?" A. Never, that I know—have not the slightest recollection of passing an improper word to her—I have no recollection of saying to her, "Whisper, whisper, Kate, whisper"—the prisoner threw down the knife in the street in the scuffle—his wife scratched my face and thumped me—there was the mark of the Knife on my face, besides what was made by her nails—I have been in the
police force—I was not dismissed—I was discharged about five week ago—I was in the E division—I had as much wish to get out as to be in—I was sent before the Commissioners for being drunk on duty, and was allowed to resign—I had no inclination to stop—the greater part of this was done by the woman, but I mastered her, or I might be dead at this moment.
DANIEL FORD . I am a tailor, and live in Well-street, Drury-Jane. On the night of the 3rd of April I went home with Reardon—we knocked up against the prisoner's wife in Queen-street, Seven Dials—we went to the place where she lives with the prisoner as his wife—we had been there ten minutes, to the best of my knowledge, when the prisoner made his appearance—during that time nothing improper passed, more than inquiring when he was and what made him strike her—I will swear I did not see Reardon put his hand upon the prisoner's wife—I was not near them—it is not a very large room—I did not join in the conversation—there was no indecent conversation there—he was not speaking very improperly to the man's wife—I swear that—I remember her taking the prosecutor by the collar and scratching his face and kicking him—the prisoner bolted into the room, took the knife off the drawer or table, and just took him on the bridge of the nose, and made it bleed—the cut was not very deep—it was not a good knife—it was deeper than the skin, and about half an inch long—I could distinguish the cut from the scratches of the woman's nails—the prisoner had the knife in his right hand all the time—they bad a fight inside and outside with fists—the prisoner followed us out of the room.
Prisoner. Q. Did my wife treat you and Reardon to a glass of gin each? A. Yes—I did not state that it was a cup before the Magistrate—I said she had it in a cup and filled it into the glass—I will swear that I cannot prove that your wife said to Reardon, "I always thought you a blackguard and now you prove it."
COURT. Q. Did you not hear it? A. I did not—we had sat down is the room—she cut some bread and meat for him, and gave us a glass of gin—there was something passed about what made the prisoner strike her and run away from her in Seven Dials.
Prisoner. Q. Did you not see him kiss my wife? A. I did not, on my oath.
Prisoner. He was in the room at the same time, I was on the stairs and could see every thing that passed. Witness. He was close to her but did not kiss her—I did not see him place his knee between hers.
COURT. Q. Will you swear he did not? A. I will swear I did not see him—he was sitting as close to her as he could, so that he could lay his hand upon her—Reardon received his cut in the room not in the street.
NOT GUILTY .
1209. WILLIAM LUCKETT and DANIEL ALLUM were indicted for stealing, on the 2nd of April, 2 1/2 bushels of a mixture consisting of oats and beans, value 10s.; and 1 sack, value 1s. 6d.; the goods of John Rayner, the master of Luckett.
JOHN RAYNER . I am a farmer, and live at Bedfont. The prisoner luckett was in my employment to drive two horses—I had a quantity of beans and oats measured for my horses in my stable—Luckett had no authority to move any off my premises—I know my own sacks by my name on them.
Cross-examined by MR. CHARNOCK. How long had Luckett been in your mploy? A. About six months.
JAMES BLANCHARD (police-constable T 116.) On Saturday evening the 2nd of April, between eight and ten o'clock I was on duty at Bedfont, and saw the prisoners come out of a beer-shop about ten o'clock—Allum came out four of five minutes after Luckett—I followed them down towards Mr. Rayner's farm, and having heard two persons in conversation in Mr. Rayner's stables, I went round into the rick-yard, and heard somebody come lost of the stable—I got behind the cart-shed, and saw the two prisoners coming in a direction from the stable—one was carrying something, and the other was two or three yards behind him till he got up to the hedge—they threw the sack of corn over the hedge into a ditch—I followed up to the hedge and seized Luckett—Allum walked away as fast as he could—I am sure it was him—I then went to Mr. Rayner's, and saw Chamberlane—we went to the ditch and got the sack out—it contained oats and beans—we shifted them into another sack as that one was very dirty—I have both the tasks here.
Cross-examined. Q. Had you seen them before you went into the public-house? A. I had seen Allum—they had been there from the time I saw him until he came out, about an hour and three quarters—Allum came out first and wished me good night—they appeared very sober—about fire minutes elapsed between their throwing the sack over the hedge land my going to fetch it—Luckett made no resistance, but cried and said he would never do it any more.
GEOREGE CHAMBERLANE . I live in a house of Mr. Rayner's, a short distance from the stables—on Saturday, the 2nd of April, at a quarter-past ten o'clock, I was called up—I went with the officer and found a sack in the ditch adjoining the rick-yard—I pulled it out—it contained about two bushels and a half of beans and oats—the sack they were in is Mr. Rayner's—I never gave permission to Luckett to move the horses' food from the stable—it was kept there to feed the horses—it appears to correspond with what remains in, the stable.
Cross-examined. Q. How long had Luckett been in your master's employment? A. About five or six months—he was kind to the horses as far as I know—he bore a good character I believe—I never heard anything against him—the hedge was on master's premises—feeding the horses well would make the labour of cleaning them less.
COURT. Q. But the horses were in the stable? A. Yes; he was taking the food away from the horses, not to them—Allum is a stranger to me.
THOMAS BRAY . I am a policeman. I received information from Blanchard, and went in search of Allum—I found him in the Bell public-house, on the high road to Bedfont—I knew him before—he sometimes lives at Bedfont, but has no regular place of abode.
MR. RAYNER re-examined. This is my sack—I believe the oats to be mine.
Cross-examined. Q. How long had Luckett been in your service? A. between five and six months—I cannot say much about his character.
LUCKETT— GUILTY . Aged 20.— Confined Six Months.
ALLUM*— GUILTY . Aged 28.— Confined Nine Months.
RICHARD HILL (police-constable T 113.) On Saturday night, the 19th of March, about nine o'clock, I was in the Richmond-road, in the parish of St. Mary Abbot, Kensington, near the public-house—I saw the prisoner and another coming in the direction from Mr. Hutchins' potato bed, each with a sack on his head—I stopped the prisoner and felt his sack—I asked what he had got, he said potatoes—I asked where he got them, he said from Mr. Hutchins' potato heap—I took them from him and took him into custody—the other man escaped—they weighed eighty-four pounds.
Prisoner. He did not see me on the premises; I bought the potatoes for fifteen pence of a man who hawked them about the street. Witness He said he got them from Hutchins' potato heap, and I saw him in Hutchins' field—it was moonlight.
NICHOLAS BURDEN . I am foreman to Mr. Samuel Hutchins, who has a potato ground, about a quarter of a mile from the Richmond-road There is a large potato bed there—I have compared the potatoes found in the sack the prisoner had, with those on the heap, and am satisfied they are the same sort, and the pit had been newly opened—the potatoes are called the "long keepers" in Somerset—the seed was sent from a gentleman, and these were the first grown from it—the pit bad evidently not been opened many hours—there were three sacks taken from it a few days before—we have lost seven or eight tons during the winter—I am quite certain they are part of the same potatoes—the prisoner had no business in the fields.
Prisoner. There is a main road through the fields. Witness. There is no thoroughfare except by the side of the canal, by the side of our land; but not through the land.
Prisoner's Defence. I had no work at the time; I gave a man fifteen pence for the potatoes; I did not tell the officer I got them from Hntchins' heap.
GUILTY .* Aged 28.— Confined Six Months.
ANN MARIA THOMPSON . I am a dress-maker, and live in Upper York-street, Bryanstone-square. I know Mr. Roake, a tobacconist, opposite my house. On the 10th of March I saw the prisoner in company with two others, come up to the shop—there are railings in front—one of them opened the gate—all three went up to the shop, came out again, talked a little while, and the prisoner then went in—there was nobody in the shop—I saw him look towards the parlour window, come towards the shop window, then lift up the glass and take out a bundle of cigars—I came down, and told my landlady what I had seen—she went over to Mr. Roake; and when the others saw me watching them, they ran away—the prisoner walked out of the shop, walked half-way across the road, and then commenced running.
Prisoner. Q. Why not come over and take me if you saw me in the shop? A. The landlady went over to Mrs. Roake—she is not here—you came out after you were served with tobacco—the landlady went over and saw you there.
ELLEN ROAKE . I am the wife of Joseph Roake, and keep a tobacconist's shop. On Thursday, the 10th of March, between eleven and twelve o'clock, I was in the parlour at the end of the shop, and saw the prisoner
looking in at the shop window, and then I saw him in the shop—I went and liked what he wanted, he said a half penny-worth of tobacco—I said I did not make so small a quantity—he then asked for a penny-worth—I served him with it—at that time Thompson's landlady came and stood behind him—the moment he was gone, she said, "I think you have been robbed"—I looked to the glass case, and she said "Run after him"—I called the policeman—the boxes of cigars were worth 14s.—they were safe three minutes before—I am certain he is the person I saw in the shop—I recollect him as well as if it was at this moment,
JAMES CLOWTING (police-constable T 156.) On Friday, the 11th of March, I took the prisoner into custody, into Crawford-street, not a quarter of a mile from Upper York-street—I said, "Well, Joe, I want you"—he said,"What for?"—I said, "You must come with me to the cigar shop in York-street"—he said, "I know nothing about the cigar shop"—I took him there, and as soon as I opened the door the prosecutrix said, "That is the man"—I took him to the station—Thompson came there and said, "That is the man I saw take the cigars out of the glass case."
Prisoner's Defence. I was not there at all.
MRS. THOMPSON re-examined. I am certain he is the man—I have not the least doubt of him.
GUILTY .* Aged 19.— Confined Six Months.
NEW COURT.—Thursday, April 7th, 1842.
Sixth Jury, before Mr. Common Sergeant.
1212. JOHN CLARKE was indicted for stealing, on the 7th of March, 31lbs. weight of candles, value 1s. 6d.; and 2 caps, value 1s.; the goods of John Matty; 2 handkerchiefs, value 1s.; 11 stay-laces, value 2s.; and 2 skeins of silk, value 1d.; the goods of Margaret Hallyburton; to which he pleaded.
GUILTY . Aged 48.— Confined Three Months.
GUILTY . Aged 28.— Confined One Month.
GUILTY . Aged 14.— Confined Eight Days and Whipped.
GUILTY . Aged 42.— Confined Six Months.
JOSEPH JOHNSON . I am a boot and shoe-maker, and live in Tottenham-court-road. About six o'clock, on the 4th of March, I went to my shop door and saw a boy less than the prisoner standing by the window—he
looked very suspiciously at me, and walked away two or three doors up the road—I immediately missed a boot and followed him—it had been hanging at the door—I saw him go to the prisoner and give him the boot and the prisoner put it in a basket—he was three doors from my shop—the moment I got up to them they parted—the prisoner passed towards the shop again—I asked what he had got in his basket—he said, "Nothing"—I said, "I must see"—he put his hand in the basket and threw the boot into the shop when he got to the door, and said, "I have got nothing in the basket"—I said, "No, because you have thrown it down"—I picked it up—it is my boot.
Prisoner. I walked past the shop; he said he saw me chuck it into the shop; he went in and looked after it; he could not see it; he came back and said, "Let me look in your basket," and he found the boot by the side of me; he did not see me throw it into the shop. Witnees, I picked it up by his heels.
Prisoner. I had nothing at all belonging to him.
GUILTY .* Aged 22.— Confined One Year.
JOHN MESSER . I am a salesman in Newgate-market, and live at No. 53, Myddleton-street, Clerkenwell—the prisoner was my errand-boy. On the 9th of March I sent him out with some meat—I cannot swear whether there was two shins of beef among it—there was one I know—I put a ticket of the weight on the meat—I know I lost a shin of beef by the deficiency of weight—there was 11 stone given to him, and he only delivered 10 stone 31bs.—I cannot swear to the shin of beef now product being mine—I had an excellent character with the prisoner.
JOHN LOADMAN . I have my meat from the prosecutor. On the morning of the 9th of March, about half-past nine o'clock, I was in Holborn, and met the prisoner with a tray of meat—he put it down near a count, took from it a shin of beef, tied it in a handkerchief, and then proceeded up Holborn—I followed, and saw him give the shin of beef to the witness Lovitt, who sells apples in the street—I followed him to my house, and charged him with the offence—he at first denied it, and afterwards said he was sorry—I asked him for the ticket of the weight of the meat—he refused—I gave him into custody, and the ticket was found on him at the station—the meat was 71bs. short of the weight named in the tickets, and the shin of beef made up the weight.
Prisoner. The shin of beef was for a Mr. Logsden, and was on the top of the other meat; I wanted a rest, and stopped at a court where a bar goes across; I slid the tray off my shoulder, and found the beef slipping; I tied it in my handkerchief, intending to hang it on the corner of my tray, but found I could not do it; I went on as far as Furniva-inn, and them changed my. tray from my right shoulder to my left, and placed the shin of beef between my legs; I said to the woman, "I wish you would mind this for me till I come back, I am just going round the corner." Witness I saw him put the shin of beef between his legs, he seemed as if he could not tell how to get rid of it—he had come with heavier loads to my house—he was only about twenty yards from my house at the time he gave the beef to Lovitt.
Prisoner. There was no more to go there that day certainly, but it was close handy to Mr. Loadman's place, and I left it as I could go in better without it, his being an awkward door to go in at
NOT GUILTY .
JESSE MITCHELL . I live in Bedford-court, Cross-street, Red Lionsquare—the prisoner lodged in the same house, and slept with my brother. I missed a pair of trowsers from my bed-room on the 13th of February—I had seen them safe on the 6th—a waistcoat of my brothers was also taken.
Cross-examined by MR. PHILLIPS. Q. I believe you did not wish to prosecute? A. No, but the policeman said he would obtain a Magistrate's warrant to compel my father to prosecute.
(The prisoner received an excellent character.)
GUILTY. Aged 18.—Strongly recommended to mercy.
Confined Five Days.
1219. ALFRED WILDMAN was indicted for stealing, on the 24th of February, 1 coat, value 2l., the goods of Thomas Moore Wilson; and 1 cloak, value 10s., the goods of Sarah Wilkinson: and THOMAS ROBINSON, for feloniously receiving the said coat, well knowing it to have been stolen; against the Statute, &c.
THOMAS MOORE WILSON . I live in Rockingham-row, New Kent-road. On the24th of February, about three o'clock, I went to dinner at Mrs. Wilkinson's, No. 8, Mary-street, Hampstead-road—I hung my great-coat upon a peg in the passage—soon after the servant came and said something, in consequence of which I went out, and my coat was gone—this now produced is it.
Cross-examined by MR. PHILLIPS. Q. Do you know it well? A. Very well.
JAMES PALMER . I am shopman, to Mr. Chapman, a pawnbroker, in London-street. On the 24th of February, about half-past three o'clock, or near four in the afternoon, Robinson brought this great-coat to pledge—I asked whose coat it was—he said it was his own—I said I was sure it was not, and asked where he got it from—he said he had brought it from his father, and if I did not like to take it, he would go and fetch his father—I said he had no occasion to do that—I called a policeman and gave him into custody.
Cross-examined by MR. CHARNOCK. Q. You are quite certain of his person? A. Quite.
JOHN JAMES ALLEN . I am a policeman. On the 26th of February I took Wildman into custody—I told him I took him for a coat out of Great Russell-street—he said he knew nothing about it—I told him I also took him for another coat out of Mary-street—he said he knew nothing about it.
JAMES BRIGGS . I am a policeman. On the 24th of February, Robinson was given into my custody by Palmer—he asked if I would go to his mother's with him, at No. 10, John-street, Fitzroy-square—I went with him, but he took me to No. 10, Hertford-place, Hertford-street, Fitzory. square—I saw his mother there, and asked if she knew any thing of the coat he had taken to pledge—she said she did not—he then said he had bought it of a young man at No. 22, Seymour-street, and asked his mother to show the bill of the coat—she said she could not do so—I took him to the station, went to No. 22, Seymour-street, and found a Mr. Jones, a dentist, lived there, who knew nothing of the prisoner.
NOT GUILTY .
1220. THOMAS ROBINSON was again indicted for stealing, on the 7th of February, 1 coat, value 1l. 10s., the goods of Joseph Alaysius Hanson: also, on the 18th of February, 1 coat, value 4l., the goods of John Sylvester; to both of which he pleaded
GUILTY . Aged 17.— Confined One Year.
1221. JOHN HUTCHINGS was indicted for stealing, on the 6th of February, 1 coat, value 2l., the goods of William Wyse: 1 mug, value 2s.; 1 ornament, value 1s. 9d.; 1 scent-bottle, value 1s,; and 1 pairof spectacles, value 12s.; the goods of James Smith.
JAMES SMITH . I keep a beer-shop in Marylebone-lane. On Sunday evening, the 6th of February, about ten o'clock, I missed from my bar a dark blue great-coat, a pair of silver spectacles, a china mug, and scentbottle—I had seen them all safe at five—the scent-bottle now produced is mine—it has a ring of gold round it, by which I can swear to it
WILLIAM CUMMING (police-constable D 3.) In consequence of information on the 8th of March, I went to No. 6, Lascelles-court, St. Giles's—the house consists of but one room—I found this scent-bottle on the chimney-piece—I apprehended the prisoner on the 11th in Holborn.
LOUISA HUMPHREYS . I live in Bainbrjdge-street, St. Giles's. On Sunday evening, the 6th of February, between eight and nine o'clock, I saw the prisoner come home dressed in a dark blue coat, which I had never seen him in before—I lived in the same house then—he gave me this scent-bottle that same evening—he said he had bought the coat—he had his own coat on underneath it—he said next day he had sold it to a Jew in Monmouth-court—I afterwards went to Lascelles-court, and took the scent-bottle with me.
Prisoner's Defence. I did not give her the bottle. The coat I had on was a brown one, which I had borrowed of a young man, as it was a wet night.
GUILTY .* Aged 18.— Transported for Seven Years.
I missed a knife-tray on the 5th of March—this now produced is it.
Cross-examined by MR. HORRY. Q. Was it outside the shop-door? A. Yes, among other articles—I was at the shop-door near about the tine it was taken—I did not see a number of boys playing about—it was brought back in about two minutes after I missed it.
ROBERT SMITH . I live four doors from the prosecutor's. I saw the prisoner in the street facing our shop, with the knife-tray, and a boy less than him by his side, going up the street—the prisoner wanted the little one to carry the tray, but he would not—I followed them slowly up the street, and before I got to them the little one ran away—I caught hold of the prisoner—he dropped the tray by his side—I told him to pick it up and take it back to where he found it—he directly said, "It was not me, it was the other one that took it, run after him."
Cross-examined. Q. He was trying to press it upon the other? A. Yes, he did not run.
(The prisoner received a good character.)
GUILTY. Aged 12.—Recommended to mercy. — Confined Eight Days and Whipped.
1223. JOHN SMITH was indicted for stealing, on the 1st of March, 1 collar, value 1s; 1 pair of reins, value 6d.; 1 pair of hames and traces, value 4s. 6d.; and 1 crupper and pad, value 1s.; the goods of William Mundy; and that he had been before convicted of felony.
WILLIAM MUNDY . I am a dairyman, and live in Henrietta-street, Manchester-square. On Tuesday evening, the 1st of March, I missed from my stable in Manchester Mews, a collar, a pair of reins, a pair of hames and traces; and from my saddle room, at No. 4, in the same mews, a pad and crupper—I had seen them safe about eleven o'clock in the morning—those now produced are them.
Prisoner. Q. Can you swear to them? A. Yes, by using them every day for the last twelve months—I tied this piece of string on the harness the previous day, and here is a hole in the collar which I cut myself.
Prisoner. I tied that string on myself; he said before that he had never seen the harness himself, but his man had seen it the day before. Witness. I did not say so.
STEPHEN OVENDON (police-constable D 80.) On Tuesday evening, the 1st of March, I met the prisoner in Hind-street, Manchester-square—he had the harness now produced on his back—I asked where he got it—he cocked up his face as if he was deaf—I spoke louder, and asked where he got the harness—he said in a country dialect, "I found it in the country"—I asked where—he said he had forgotten the place—I took him towards the station, and told him that tale would not do for me—as we were going along he said, "It is no use telling a lie, I bought it of some gypsies"—I asked where—he said he forgot the name of the place, but it was above twenty miles from London—I asked if he could tell me the name of any village he had passed through—he said he could not.
Prisoner's Defence. Every word he has said is false; I bought it of a
carpenter's man, in a cart, on the Sheffield-road; I do not know where it was; I was coming to London, and the man was coming from London; he asked where I was going; I said, to London; he asked if I would buy a harness; I said, "I don't care;" I had some whips with me at the time; I sold him one, and gave him 18s. for the harness.
GUILTY . Aged 19.— Transported for Seven Years.
1224. JOHN WILSON was indicted for stealing, on the 1st of February, 4 yards of toile net, value 7s.; 144 buttons, value 1s.; and 4 piece of woollen cloth, value 2s,:—also, on the 14th of March, 3 coats, value 25l.; 1 waistcoat, value 6s.; 1 pair of trowsers, value 15s.; and 2 yards of woollen cloth, value 15s.:— also, on the 9th of March, 14 coats, value 141.; 13 waistcoats, value 4l. 1s.; 10 pairs of trowsers, value 5l.; 14 yards of satinet, value 1l.; 14 yards of silk, value 15s,,' 21 yards of linen cloth, value 5s.; 10 yards of calico, value 2s.; 5 yards of woollen cloth, value 1l. 1s.; and 5 1/2 yards of worsted cloth, value 4s. 2d.; the goods of Elias Moses and another, his masters: to all of which he pleaded
GUILTY . Aged 30.— Confined Two Years.
DAVID STANLEY . I am a fruiterer, living at Marley, in Kent On the 5th of March I placed my cart in Covent-garden Market—my great coat was on my horse—shortly after, I missed it, and, on turning round, saw the prisoner going off with it, folding it up under his arm—I jumped off the cart, followed him, and got within four yards of him—he looked round, and dropped it—I am sure he is the man who took it—I never lost sight of him.
Cross-examined by MR. CLARKSON. Q. Was it blowing hard that day? A. No.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Two Months.
JOHN DELAY . I keep a haberdasher's shop, in Chichester-place, King's-cross. On the 17th of March, I missed a pair of stays from the door, where they had hung for sale—a gentleman brought them in, with Butcher—I had seen them ten minutes before—I believe these are mine—I missed a pair like them.
JOHN JONES . I am a baker, and live in Edward-street, King's-Cross Between eight and nine o'clock I was in Chichester-place—I saw the prisoner and two others standing by the prosecutor's door—Morris took something from the prosecutor's door, and gave it to Butcher—I ran into the road, caught Butcher, and asked what he had got—he said, "Nothing"—I turned him round, and the stays were down by his feet on the ground
—Morris went on three or four doors—he came back again, when there was a crowd round the house—I told the policeman, and he took him.
Morris. At the station-house he could not swear to me. Witness. I said I would not positively swear to him, but to the best of my belief, he is the one.
Butcher's Defence. I was coming up Gray's Inn-lane; a person ran by me; Mr. Jones collared me, and said I had stolen something.
BUTCHER— GUILTY . Aged 17.— Confined One Month.
MORRIS— NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
CAROLINE HEATH . I am the wife of Daniel Heath, a broker, in Goswell-road. In November last the prisoner came to lodge in two furnished rooms at one house—she said she was the wife of a commercial traveller—she left on the 15th of January, without giving any notice—when she went out in the morning I asked her if she had any of the rent she could let me hare—she said she was going for some, and she would when she returned—I did not see her again till the 1st of March—she took the key of the room away with her—during that time I did not open the door of her room—the was taken into custody on the 13th or 14th of March—after she was taken into custody I went into her room, and missed a sheet worth 4s.—I am sure it was in the room when I let it to her—she had no authority from me to sell or pawn it.
Cross-examined by MR. CLARKSON. Q. Were there other things in the room belonging to you? A. Yes, more valuable than this—there was a blanket, worth 4s., and a counterpane, worth 4s., missing, besides—she paid me three weeks' rent, at half-a-guinea a week—she occupied two front rooms on the first floor—her mother did not offer me more money than the worth I put on the property—she did not offer me a sovereign, nor my husband, in ray presence, to redeem the articles, and to give us the rest for the difference of the rent—the prisoner's father said that he could muster up 10s. towards the things, that was the most he could do—I never heard my husband say he would not take the money unless he had the whole of the rent—I swear that—after the prisoner had left my apartments, she sent a note, stating that her mother was very ill, and she could not leave her, she should be home shortly—the prisoner and I were not femiliar—we never spent our evenings together—on Christmas evening there was a joke about a loin of pork of hers—there were some chops cut off of it after she came in—I do not know who cut them off—I did not—I used not to read her letters—that night a letter came for her, and she said it was from a gentleman whom she had seen, a Mr. O'Connell—I did not read it.
JAMES HARMAN . I am shopman to Mr. Watt, a pawnbroker, in Exmouth-street, Clerkenwell. On the 18th of December we received a sheet at our shop, I cannot say who of—I have lost the duplicates of the things,
I cannot say where I lost them—on the 18th of January I took in a blanket of a female, I cannot say who, but I believe it was the prisoner—I have known the prisoner two or three months—I have seen her pledging at the shop on several occasions—a pillow was pawned at our shop on the 12th of January, by a female, but I do not know who—I have no belief about that—I took it in—I produce the property.
HENRY REDMAN (police-constable G 224.) On Sunday morning, the 13th of March, I saw the prisoner in custody at the station at Islington-green—she told me she was then lodging at New North-street, City road—I told her I heard she had lived at No. 3, White Conduit-place—she said she had not at first—afterwards she said she had—I took her to No. 3, White Conduit-place, and found some duplicates in a cupboard—among them was one for a sheet, pledged for 2s.; a blanket, 2s.; and a pillow 1s. 6d.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy. — Confined Two Months.
(There was another indictment, upon which no evidence was offered)
1228. WILLIAM SINDEN was indicted for stealing, on the 14th of March, 2 cushions, value 10s.; and 2 horse-cloths, value 8s.; the goods of Henry Joseph Bardell, and that he had been before convicted of felony
Cross-examined by MR. BALLANTINE. Q. Do you know a person named Melborough? A. No—I have no customer of that name—I am a stable-keeper in a large way of business—mine are not livery and but stables.
WILLIAM MITCHELL . I am in the prosecutor's service. These cushions and horse-cloths were safe in the stable on Monday evening, the 14th of March—I missed them on Tuesday morning, the 15th—as I was coming home, about twenty minutes to nine o'clock, two persons passed me—one had a cloth or cloths, and the other a bag—I believe the prisoner to be the one that had the cloths—I thought it looked like my master's property, but I had no suspicion at the time, or I should have stopped them.
Cross-examined. Q. You are not sure it was the prisoner? A. I will not swear to him—I have had no talk to the policeman about the prisoner—I have said a few words about him—the policeman did not bring him to me—I saw him first at Clerkenwell-office—I saw the policeman before that—the policeman told me he had got some one up on this charge—I described him to the policeman first—I said he had a brown fustian coat on, a cap, and that he was a smallish man.
JOHN COLLEY . I am a policeman. I produce the cloths and cushions—at a quarter to nine o'clock, on the 14th of March, I stopped the prisoner carrying them in a sack in Tavistock-street, Bedford-square—I asked him what he had got in the sack—he said they were some cushions begning to Mr. Melborough—Mrs. Melborough keeps a noted brother in
George-street, and her son is the proprietor of a cab—I accompanied the prisoner to Mr. Melborough's, and saw a man who I believe to be Melborough's servant—on seeing him the prisoner said,"Jem, are not these your cushions?"—he said, "I know nothing of the articles."
Cross-examined. Q. Do you know Melborough? A. I do not—his mother's house bears the character of a noted brothel—I cannot swear that it is so—it is close to the station—I have seen Mrs. Melborough at that house—I know her son keeps a cab, because I have seen it standing at the door—I bare asked who it belongs to, and they said, "To Mr. Melborough"—I cannot swear to the number of the cab—I did not go to Mitchell after I had taken the prisoner into custody—I did not see him till he came before I the Magistrate—I did not have any talk with him till after the prisoner was examined—I do not think I had any conversation with him until a few days after the prisoner was examined—I cannot positively say he had seen the prisoner at that time—I had no conversation with him till after be bad seen the prisoner.
WILLIAM MITCHELL re-examined. I saw the policeman the same morning—not before I was examined—I did not see him before I had seen the prisoner—I saw him with the prisoner—I described the prisoner by the colour of his coat—I saw the policeman at the police-office, when I described the prisoner—I cannot positively say whether it was before or lifter the examination—I described him to the policeman because he tasked me—they had got him then—I cannot say whether I had been examined—the policeman did not come to me before I went to the office—I saw him at the office—I do not think I described the prisoner to him before I saw him at the office—I have not said that I did—I gave the policeman the description of him when I saw him at the office.
Cross-examined. Q. Were you the officer in the case? A. Yes—I heard him tried, and heard judgment passed on him.
GUILTY . Aged 20.— Transported for Seven Years.
1229. WILLIAM ARNOLD and EDWIN MOULTON were indicted for stealing, on the 3rd of March, 15lbs. weight of copper, value 10s., the goods of James Foote, being fixed to a building;—2nd COUNT; not stating it to be fixed.
RICHARD FROST . I am gardener to James Foote, of Grove-road, and live in Charles-street, Portland-town. On the 3rd of March I saw that the coping stones of the coach-house were moved—I got a ladder, got on the top, and found a portion of copper gone from the top which was fixed there—I have examined the copper now produced, and have no doubt it belongs to that place.
WILLIAM LEONARD (police-constable D 5.) On the morning of the 3rd of March I was on duty in Paddington-street, and saw the prisoners coming towards me—they instantly turned back—I ran after them, and took them in East-street—I said to Arnold, "What have you got there?"—he said, "A piece of tin"—I said, "Where did you get it?"—he said he picked it up in Crawford-street—I took a piece of copper out of a piece of bed sacking which he had—I said, "You have more"—he said, "I have"—he took another piece from under his coat, and gave it to me—at this time Moulton kept holding out a piece of copper in his hand, towards
me, and said, "You see it is tin, it is of no value"—I said, "It is copper you have in your hand"—he said, "It is not"—I said, "You must go to the station-house"—Moulton ran away, and I took Arnold to the station—I am sure Moulton is the man that I saw—on Friday morning I went to the place where the copper was taken from, and found the copper gone, and several footmarks on the top of the roof—it had been a wet night—I fitted Arnold's shoes to some of the footmarks, and there were footmarks on the roof which his shoes did not fit—I did not fit Moulton's shoes, as he was not then in custody—the copper was repaired before he was taken.
Cross-examined by MR. PHILLIPS. Q. Did you put Arnold's shoe down on the mark, and find that it corresponded? A. Yes—Frost was with me—Clouting was not.
Moulton. I was not with Arnold.
Arnold. No, it was a man with a long fustian jacket that was with me.
JAMES CLOUTING . I am a policeman. I saw Moulton standing at the back of Stingo-lane, just behind the Yorkshire Stingo public-house—I went up to him—he said, "Will I do?"—I said, "Yes, you are the man I am looking for; you must come with me to the station"—he said, "What for?"—I told him about some copper stolen from No. 4, Grove-road—he said he knew nothing about it—I asked him if he did not know about a man being stopped in Paddington-street—he said no, be was told so the next morning—I searched him, and found on him this knife with marks of copper on it—I am able to swear these are marks of copper on it.
Moulton's Defence. I was not with Arnold that night; the words I said to the officer were, "How do you do?" not "Will I do?" the other officer did not know me at the station; he looked at me a long while, and then said, "It must be him."
Moulton. Q. Where have you known me? A. When you lived in Market-street, and you have frequently been up and down Edgeware-road, where I have been on duty for years—I have never known any harm of you.
Arnold. I have witnesses to prove that the policeman cut the copper with the knife himself; I saw him cut it with a little knife which be has in his possession now, and he and the other policemen made game of it.
Arnold. He was not at the first examination; I kicked against the copper as I was crossing at the corner of Windmill-place and Crawford-street; I was the first that found it was copper; he thought it was tin.
(Arnold received a good character.)
ARNOLD- GUILTY . Aged 44. Confined Six Months.
MOULTON- GUILTY . Aged 24.
GUILTY . (A witness engaged to employ her immediately.) Aged 16.
Confined Four Days.
1231. JAMES ALLEN was indicted for stealing, on the 8th of March, 1 ladder, value 1s., the goods of Thomas Arthur Smith.—2nd COUNT, stating it to be the property of the Imperial Gas-light and Coke Company; to which he pleaded
GUILTY. Aged 26.—Recommended to mercy. — Confined One Month.
1232. JOHN FLOWERS was indicted for stealing, on the 14th of March, 1 glass-case, value 6s.; 13 pairs of scissors, value 14s.; 2 razors, value 2s.; 5 cork-screws, value 5s.; 4 key-rings, value 2s.; 1 pair of nail-nippers, value 1s. 6d.; 2 lancets, value 3s.; 2 fleams and case, value 2s.; 1 pair of tweezers, value 6d.; 2 surgeons' instruments, value 6d.; 5 hones, value 3s.; 3 combs, value 1s.; 1 needle, value 4d.; and 12 Knives, value 13s.; the goods of Elizabeth Ward.
ELIZABETH WARD . I am a widow, and live in Artillery-street, Bishopsgate—I sell cutlery—I had the articles stated in a glass-case on Monday, the 14th of March—I missed them—these now produced are them.
Cross-examined by MR. BALLANTINE. Q. Are there any marks on them? A. Yes, my name is on a great many—they had not been sold by me—they were all in the glass-case, which was locked—I had seen it safe on the counter at twelve o'clock, and about one, or between twelve and one, it was gone—there might have been a few other things in it than those proproduced.
WILLIAM CLAY . I am a policeman—I met the prisoner on Monday, the 14th of March, about two o'clock—I saw something in his coat-pocket behind, wrapped up in a white apron—I followed him into Long-alley, turning into Sun-street—I said "Hollo, Jack, what have you got here?"—he said, "I don't know"—I said, "Don't you know what it is?"—he said, "Oh, some cutlery, some scissors, I believe"—on the way to the station he said that he had bought them, and he had borrowed a sovereign from a Mrs. Wales, at the Crooked Billet, Hoxton Old Town, to pay for them.
Cross-examined. Q. You searched him and found no money on him? A. I did not—I have been to Mrs. Wales and made enquiry—it was about two o'clock when I apprehended the prisoner—he was nearly half a mile from the prosecutrix's shop—it would take seven minutes and a-half to walk that distance, at a good sharp pace—the prisoner keeps a chandler's shop, and deals in property that people leave with him for a little money—he was in company with a young man named Prior, whose father is a hair-dresser in Holywell-lane—he was discharged by the Magistrate—nothing was found on Prior, but two flairs of hair-cutting instruments were missed.
MR. BALLANTINE called
ELIZABETH WALES . My husband keeps the Crooked Billet, Hoxton Old Town—I know the prisoner. On Monday, the 14th of March, he borrowed a sovereign from me, and said he wanted it to buy some things with—l know it was the 14th of March, because it was our licensing day—I do not know the time particularly, it was near dinner time, and I usually
dine at one o'clock—I will swear it was after twelve and before two—I lent him the sovereign and he went away.
NOT GUILTY .
(The prisoner was subsequently indicted for receiving the property knowing it to be stolen , and acquitted, the witness for the defence not being then examined.)
GUILTY. Aged 31.—Recommended to mercy. — Confined One Month.
ELIZA ESSEX . I am the wife of Charles Essex, and live in Southampton-row, Russell-square—I have a stand in the Pantheon Bazaar, in Oxford-street—the prisoner had been between eight and nine yean in my service—it was her duty to account to me for all the things that she sold, and the money she received in the course of the day—if she sold a knife and scissors to Charles Edwards on the 12th of March for 3s., she only paid me 1s. 6d. of it—if she sold articles on the 14th of March to Elizabeth Edwards for 4s. she has not accounted for it—she ought to have accounted to me for it—I summoned her to my house and requested Mr. Edwards to come and to pretend to change the articles in her presence, to see what she would say—he called, and she denied having sold them.
Cross-examined by MR. CLARKSON. Q. You employed Mr. Edwards for the purpose, did you? A. I did on the 12th of March—my business has been much more successful since this—neither I, or my husband have assigned our property—am I compelled to answer every question irrelevant to the subject—we have never made over our property—I know Mr. Wheeler, a glass-merchant, in Leather-lane—if my husband has made over the property I do not know it—my husband told me it would be necesssary to require some time of his creditors, business having been unsuccessful—I have borrowed 10l. of the prisoner—my husband did not knot I had borrowed it of her—he thought I had borrowed it of another person—it was for the purpose of another business—I told him I had borrowed it—I have not returned it—I have it in my possession now—my husband has not failed in business, he only wants time—it was about a week after I borrowed the 10l. of her that I took her into custody.
COURT. Q. Did you keep books as to the money that she received at the bazaar? A. I did—every article is entered by me—the prisoner never made any entry for me in her life—I did not intend to prosecute her, but to discharge her, feeling convinced she was robbing me, but her contradiction on the subject induced me to send for a policeman—I do not wish to injure her.
MR. CLARKSON. Q. Then you employed Mr. Edwards to make these purchases out of kindness? A. I was going out of town, and having suspicions, I wanted to know whether she was honest towards me or not, and sent my friend merely to know—when I borrowed the 10l. of her she at first told me she had but 5l.—I did not say to her, "It is very odd that you should not have saved more during the time you have bee with me"—I said "Very well," or something of that sort—She said her sister had deposited some money with her—I did not desire her to get more—Mr. Edwards is a linen-draper in our neighbourhood—the 10l. was
borrowed for a millinery business, which I was about establishing out of England—I do not remember on any occasion there being a purchase made at the stand and 2l. too much being paid—I remember a lady changing a dressing-case for a cabinet or a cabinet for a dressing-case—I found after she had left she had paid me 2l. too much—I bought a shawl with the money—I did not know where the lady lived—the prisoner did not tell me where she lived—the lady took it home with her in her carriage—I did not send it to the lady's house—it was four or five yean ago—the things were not sent to Regent's-park—I cannot recollect whether the money was put apart in a drawer to be returned—I will restore the prisoner her 10l. immediately.
CHARLES EDWARDS . I am a draper, living in Southampton-row, Russell-square—on the 12th of March I bought a knife and scissors of the prisoner for 3s.—I paid in three shillings, I think, but I cannot be positive.
NOT GUILTY .
EMMA EHN . I am single, living with my father, Henry Ehn, who keeps a shop in Church-street, Hackney—about one o'clock on the 10th of March, the two prisoners came into our shop, and asked me to show them some bonnets—I showed them some—they would-not suit—they left the shop without buying—soon after a person came in, and told me something—this bonnet produced corresponds with one we lost that day.
CHARLES COLE . I am an omnibus conductor at Hackney—about one o'clock on Thursday, the 10th of March, as I was cleaning the omnibus, I saw the prisoners come out of Mr. Ehn's shop—Gill had a bonnet under her arm—she went about twelve paces—I went and asked Miss Ehn if she had sold a bonnet—she said "No"—I gave information at the station-house—Gill came out first, and Jackson soon followed—she might not have seen Gill come out.
Jackson's Defence. I bought the bear's-grease for 6d.
Gilts Defence. A boy I bought some combs of, gave me the bonnet—the policeman saw him.
(Elizabeth Page, stating herself to be a milliner, residing at No. 15, James-street, Lambeth, gave Gill a good character, and engaged to employ her, but, upon inquiry, it was subsequently ascertained that no such person lived there.)
JACKSON— NOT GUILTY .
GILL-GUILTY. Aged 14.— Transported for Seven Years.—
Recommended to the Penitentiary.
Fifth Jury, before Edward Bullock, Esq.
GEORGE MURRAY . I am a linen-draper, and live in Tibberton-square, Lower-road, Islington. About half-past six o'clock on the afternoon of the 21st of March, I was in Goswell-street—I felt a which at my right hand coat pocket—I turned round, and directly missed my handkerchief—the prisoner was close behind me—I seized him by the collar, and charged him with taking it—he was within six inches of me—he said be had not got it, he went on his knees, and begged to be let go—I would not let him—Best came up and gave me the handkerchief—I gave the prisoner into custody—I had had my handkerchief a few minutes before—this now produced is it.
Prisoner's Defence. I was going along Goswell-street on this night; two lads crossed the road; I saw them drop something; I was running along; the prosecutor collared me, and said I had picked his pocket.
GUILTY . Aged 19.— Confined Three Months.
1237. HENRY BARNES was indicted for stealing, on the 24th of February, 10 leaves of wood, value 10s.; 3 planes, value 1s. 6d; I screw-driver, value 6d.; and half-a-pint of varnish, value 2s.; the goods of William Barnes.
WILLIAM BARNES . I am a cabinet-maker, living in Popham-street, Lower-road, Islington. The prisoner is my son—he was at work for me up to the 3rd of March—he left me on the 4th of March—he lodged at my house—I had a stack of wood there—I examined it a day or two before he left, and missed some chesnut and five leaves of pine—in consequence of some information, on the 4th of March, I went to a house in Gee-street, Brick-lane, about half-a-mile from my place, where the prisoner was at work—I there found this wood in the kitchen—he was at work on it—it is mine, and had been on my premises—I spoke to the prisoner about it—he denied it, called me every thing he could lay his tongue to, and said he bought it—I also saw a plane and screw-driver in the place, which I knew to be mine—after he was taken I searched the room in my house which he had occupied before and found some wood in a box there, some chesnut and two planes—the box was shut and locked, and the prisoner's wife kept the key—I also found some varnish in the box, which I knew to be mine.
Cross-examined by MR. PAYNE. Q. How long had your son worked for you? A. Five or six months—he was married at Christmas—he went away and set up for himself—the value of this property is 145.—he was working on the wood—I asked him what stuff he was working there, and he said, "It is not yours"—I have foursons—one is about thirteen years old—I have not turned him out of doors and obliged him to keep out of doors for nights together, I swear that—I have beaten
him—not often—perhaps once or twice a year—he never slept out of a night on my account—I know a Mr. Young, a green-grocer—I do not know that my son has gone to him and complained that I have beaten him and shut him out—he cannot read or write—I have not had any quarrel with the prisoner since his marriage—I liked his marriage, and gave them a dinner—the Magistrate allowed him bail, and he has surrendered to-night to take his trial—I have never said I would endeavour to get my children transported—I swear that—I have never said any thing about transportation in reference to my children—I have never said it to my son William, or in his presence—I should not have prosecuted the prisoner if he had not done many things before this.
CHARLES THOMAS BARNES . I am the prosecutor's son—the prisoner is my brother. On Thursday, the 24th of February, I was in the prisoner's room, in my father's house—I saw him let this wood out of the window with a string, and his brother-in-law took it from him below—I also saw him take some varnish out of my father's work-shop, and take it up stain into his room.
Cross-examined. Q. How long ago was it you saw him put the wood out of the window? A. I cannot say—I did not tell of it till he went somewhere else to work—my father never questioned me about it—I knew it must be found out somehow or other—I have been to school—I cannot read or write—I am nearly fourteen years of age—I go to church sometimes, but not regularly—I know a Mr. Young—I never made any complaints to him—I was in place there—I have another brother named William—I slept out of my father's house once—I went next door, and slept in the passage, because I did not like to go to work.
JOHN RUDRUM (police-constable C 232.) I went with the prosecutor on the 4th of March to Gee-street,'St. Luke's, and found the prisoner there with a quantity of wood, which the prosecutor swore to—the prosecutor gave him in; charge—I took possession of the wood, also a plane and screw-driver—these are the articles—I have had them in my possession ever since—I told the prisoner he must go with me to the station—as we were going he said, "I have had the wood and I must suffer for it"—I afterwards searched two boxes of his at his room, at his father's house, and found a quantity of wood, some Tarnish, and two more old planes.
Cross-examined. Q. Was his wife living there? A. Yes—what he said was, "I have got the wood, and I suppose I must suffer for it"
MR. PAYNE called
WILLIAM BARNES . I am a waiter, and am the prisoner's brother—I have heard my father say he would endeavour to get his children transported—he has said so more than once—he never turned me out of doors—I never gave him the opportunity, as I left home—I have heard him say so to my other brother.
COURT. Q. Where do you wait? A. I am out of employ at present—the last situation I held was at the Market-house, Smithfield—my father has said that, perhaps when my brother has stopped out or not worked sufficiently—I have not lived with my father for years—he never turned me out of doors—he never made any charge against me—I married away from home—he once summoned me for the keep of one of my children while I was out of employment, and my debt is not yet paid, at 4s. a month.
(The prisoner received a good character.)
GUILTY.—Strongly recommended to mercy by the Jury, — Confined One Month.
ROBERT MILLS . I live with my father, William Mills, a grocer a High-street, Poplar. On the 17th of March the prisoners came into my father's shop—Tyler came in first, and Hippesly in two or three minutes after—Tyler asked for cheese and tobacco—I gave him them—he returned the cheese, saying it was bad, and I gave him a different cheese—Hippesly asked for a quarter of an ounce of tobacco—I gave it him—they both paid for what they had—Tyler went out before Hippesly came in—they were not in the shop both at the same time—Hippesly went to the door or to the street, came back, and asked for a different sort of tobacco—I took it from him, and gave him a penny, and then he went out—Mr. Griffiths, as opposite neighbour, came and said something, in consequence of which I looked at the door-way of the shop, and missed a chest of tea from the door—I ran down Wade's-place, into the East India-road, and there saw the two prisoners with the chest of tea in a cloth, carrying it between them—they were about half or a quarter of a mile from the shop—I was after them, and called "Stop thief"—they dropped the tea—I contained to run after them—a person came out of a shop in the East India-road—I left him with the tea, and pursued the prisoners—they both took that course for some time, and then turned into different roads—I left Hippesly; and continued following Tyler—I took him at last—I followed him for about ten minutes—I am sure of their persons—there were 25lbs. of ten✗ in the chest, and it was the property of my father.
JAMES GRIFFITHS . I keep a shop opposite the prosecutor's, in High-street, Poplar. On the day in question I saw the chest of tea taken from Mr. Mills's door, by a man in black, a different person altogether from either of the prisoners—the man took it round the corner, down Wade-street—I saw nothing more till I saw the prisoners at the station—I did not see them with the chest at all—I gave information to Mr. Mills.
THOMAS CHARLES KETTLE . I live in Sophia-street, Poplar. I was walking up High-street, Poplar, and saw Tyler, with the tea on his shouldder, going up Wade-street, which is the next turning to the prosecutor's shop—when Tyler got up to the top, Hippesly came running up, and said it was all right—he took a white cloth out of his pocket, went across the East India-road, by Chapman's gates, and tied the tea up—I heard Mills cry "Stop thief"—the chest was dropped at the corner of North-street, by the prisoners.
Cross-examined by MR. HORRY. Q. Was there any one else near the prisoners at the time? A. Mr. Harrington's boys were running after them—a man named Mackintosh was near them when they were carrying it—I did not see a man in a black smock-frock, smoking a pipe—there were persons going up and down the street—I did not see Tyler go round the corner—I saw him round the corner.
WILLIAM MACKINTOSH . I live in the same house as Kettle. I was in Cross-street that evening, which is just at the right-hand side of Sophia-street—I saw Tyler carrying a chest of tea on his shoulder, and Hippesly
was about two or three yards behind him—they spoke to one another—I could not hear what they said—Tyler stumbled with the box, beckoned to Hippesly, and Hippesly went and assisted it on his shoulder right again—there was a man with a blue coat and a pipe, walking some little distance behind them.
Cross-examined. Q. Did you see them drop the box? A. Yes—Mr. Mills called out "Stop thief" after Tyler stumbled under the chest—I saw them carrying it between them.
(Property produced and sworn to.)
(The prisoners received good characters.)
TYLER- GUILTY . Aged 24. HIPPESLY- GUILTY . Aged 20. confined Twelve Months.
1239. GEORGE TOPLITT was indicted for stealing, on the 12th of March, 70lbs. weight of lead, value 20s., the goods of John Frederick Donsonan, and fixed to a building.—2nd COUNT, not stating it to be fixed.
JOHN FREDERICK DONSONAN . I keep the White Hart public-house, in Hooper-square, Lambeth-street, Whitechapel. On Saturday night, the 12th of March, I received some information from Jones, in consequence of which I went into my yard, where I had a pump, at the back of my house, attached to the water-closet—I missed the body of the pump—I went with Jones after the prisoner, and found him in Lambeth-street, in custody of a man who had hold of him—I said, "What have you got there?"—he made no answer—I said, "You have got my property there"—he had got the body of the pump—I said, "You must bring it back"—he said be would not—I then told him he must take it back, it was my property, and was stolen from my yard—he said he would not—I said I should give him in charge—a policeman came up, and I gave him in charge—I had seen the pump safe about an hour before—it was fixed in a wooden case—this now produced is it.
RICHARD DAVID JONES . I live with my mother, in Lambeth-street, Whitechapel. On Saturday night, the 12th of March, I was at the door of the White Hart public-house, in Hooper-square—I saw the prisoner come out of the passage with this pipe under his arm—when he got to the step of the door I spoke to the prosecutor—the prisoner went away with it—I saw him again, in about a minute, near the prosecutor's house—he was in the act of going on with it again—he had been resting—a man named Thompson then came up, and took him into custody.
Prisoner. Q. What distance from the bar was it you saw me? A. Half-dozen yards—I felt you in charge of Thompson, while I went back to the prosecutor.
WILLIAM EBBS . I am a policeman. The prisoner was given into my custody by the prosecutor, charged with stealing the lead—I said, "What are you going to do with this?"—he said, "It is no business of yours."
Prisoner's Defence. I had been in the prosecutor's house ever since twelve o'clock that day, drinking and playing at cards. I had occasion to go into the yard. I saw a man, apparently a carpenter, with a candle in his land. I said, "You have got a late job there." He said, "Yes, I
have." After several observations, he asked if I had any objection to earn 6d.; I said no. He said, "I want you to carry something to my cart in Lambeth-street. I went into the tap-room, and borrowed a piece of string. The man said, "Carry the pump to my cart, and I will pay you for your trouble." I took the pump, and, when I got outside Thompson took me by the collar. The boy said, "You have got Mr Donsonan's pump there." I said, "I know I have;" he said, "I shall go and tell him." I waited till he came back. Mr. Donsonan came and collared me, and asked what I did with it; I said, if he would let me go back to the house, I would explain; the carpenter made off as soon as I was taken.
GUILTY on the 2nd Count. Aged 26.— Confined Six Months.
1240. ANN SMITH was indicted for stealing, on the 20th of March, 1 purse, value 6d.; 1 sovereign, 4 half-sovereigns, 3 half-crowns, 2 shillings, and 1 sixpence; the property of Robert Hocking Boodle, from his person.
ROBERT HOKING BOODLE . I am a medical student, and live in west Smithfield. On the 20th of March I was going along Holbom, about twelve o'clock at night—I met the prisoner in Holbom, nearly opposite Red Lion-street—she accosted me, and asked me to come with her—I went with her up Red Lion-street, and turned down Featherstone-buildings—we were walking together—while going along she asked me for 1s, which I gave her from my purse, without taking the purse from my pocket—I had in it a 5l. note, a sovereign, four half-sovereigns, three half-crowns and 2s. 6d.—while standing in Featherstone-buildings I found her hand in my pocket—she drew up the purse, and took out the money—she had the money in her hand, and the purse also—the purse did not quite leave my pocket—she drew it to the top of my pocket, and took the money from it, and kept it in her hand—I took hold of her hand, and she tried to wrest it from me—I held it firm till the policeman came—she had a sovereign, four half-sovereigns, and a sixpence in the hand I had seized—I know I had the money in my purse in the morning—I gave her into custody—I kept my purse—the money she gave up to me, and I gave it up to the policeman—at the police-office she said I had promised her half-a-crown, which was false.
Cross-examined by MR. BALLANTINE. Q. Did she not say that she thought the money she had was what you intended to give her? A. Yes—this was Sunday evening—I had been to church in the morning, and dined out in the afternoon, with some friends, about two miles from Holborn—I had drank nothing—the prisoner spoke to me first, and asked me to walk with her, which my easiness induced me to do—I had not offered to take her to some house—she merely said, "Come with me"—she did not mention about a house—I knew what she meant—I have no doubt she meant to go to a house—I had gone into Featherstone—buildings from Red Lion-street, not from Holborn—she was talking to me—I gave her the shilling because she asked me—I had not been standing with her above three minutes in Featherstone-buildings—we went into the corner of Featherstone-buildings—no one came there till the policeman came—I gave her no more than a shilling—I cannot say I had not been taking any liberties with her—I had put my hand under her clothes,
—I had no intercourse with her—I did not take out my purse and pay her any thing—I never took my purse out of my pocket, nor anysilver—she asked for no more after I gave her the shilling—(here the witsilver ness admitted that certain acts of indecency had occurred)—on my oath, I did not give her more money than the shilling—I was sober—I had looked at my money in the morning, but not counted it—I do not exactly know what I had—my money could not have slipped out of my pocket.
WILLIAM HILES . I am a policeman. On this night I saw the prisoner and prosecutor in Featherstone-buildings—I asked them what was the matter—the prosecutor said the prisoner had had her hand in his pocket—he had hold of her right hand and arm—I saw this money come from the prisoner's hand—it was one sovereign, four half-sovereigns, and one sixpence—no shilling was found—when I came up, the prisoner said the prosecutor had promised to give her a half-crown, and that he had given her the money.
Cross-examined. Q. The prosecutor was not very willing to come forward? A. He did not seem very willing—he did not offer me any money.
NOT GUILTY .
GUILTY .— Confined Six Months.
1242. JAMES CATLING was indicted for stealing, on the 1st of March, 91bs. weight of gun-metal, value 6s.; and 71bs. weight of copper, value 5s.; the goods of John Seaward and others, his masters: to which he pleaded
GUILTY . Aged 27.— Confined Three Months.
(The prisoner received a good character.)
WILLIAM HUNT . I am in the service of Robert Watt, a pawnbroker in Exmouth-street, Clerkenwell. Between two and three o'clock in the afternoon of the 18th of March, I saw the prisoner in ray master's shop, looking at a child's pinafore—she put the pinafore down, drew this handkerchief from under the goods, and put it under her child's cloak—she was going out of the door—I told her to come back and put that down—she came back and put it down—she turned round, and said she had got nothing—a policeman was sent for, and she was given into custody.
(Property produced and sworn to.)
Prisoner's Defence. I went into the shop to buy a pinafore, I asked what he wanted; he said 6d.; I said I would give him 5d.; I set the child on the counter while I looked at the pinafore; there was a lot of
things on the counter; I took the child up, and the young man said. "Put it down;" I saw I had the handkerchief, but I did not intend to steal it.
NOT GUILTY .
OLD COURT.—Friday, April 8th, 1842.
Third Jury, before Edward Bullock, Esq.
JOHN WILLIAM HULBERT . I live at No. 9, Union-court, Holbonhill, and am a tin-plate worker—I know the prisoner. On the 21st of March I heard Mary Hester calling out, "Help, help, murder!"—I went and found her struggling with the prisoner, in the passage, holding ha him by the collar—I heard him say, "Do let me go, I will never do the like again"—I missed 25 feet of the leaden water-pipe, which had been fixed to the ceiling of the kitchen—Hester said he had stolen the water-pipe—he said he had not—I saw one piece of the pipe found in the yard, and another was brought in—the house belongs to Sarah Pennington and others.
Prisoner. Q. How could you see me struggling with her? A. I Did—you were scuffling with her.
MARY HESTER . I am the wife of Robert Hester. On the night of the 21st of March, I went to get some coals, and found the prisoner in the cellar, on the coals—I ran up stairs, and shut the street-door—he ran up after me—I collared him, and asked what brought him there—he said seeing the door open, he went down to go to the water-closet, that he had not taken anything, and begged me to let him go—I said Ki should not till I saw if the place was safe—I locked the street-door, put the key into my pocket, went down with a light, and missed the water-pipe—I returned up stairs, and said, "You have taken the water-pipe"—be said he had not—I said, "Let me look at your hands"—he held them closed—I said, "I will give you in charge, you have taken the pipe"—he begged me to let him go, and he would send for his mother, and make any recommend—I sent a boy out of the window for a policeman, who came, and then the prisoner ran into the back yard—he unlocked the back door, and was getting over the pales, and as I pulled him back something fell from him—I let in the policeman, and with the light I had in my hand, I saw the pipe laying at the prisoner's feet—he raised his band to a female who I met, and then knocked the candle out of my hand—I had seen the pipe fixed to the ceiling at ten o'clock that morning.
SARAH ANN LOCKWOOD . I live in Charles-street, Hatton-garden On the 21st of March I heard Mrs. Hester call out in the passage of No. 9, Union court, "John, John;" and when we got to the parlour door she was struggling with the prisoner—he begged to be let go and cried—he said he had just buried his father, and would do anything to be let go—she went down stairs while Hulbert kept the door fast—the prisoner went into the back yard while the policeman was gone for, tried to climb over the pales, and I heard the lead full from him—he got off the wall again, and said, "Let me go"—I said he should not, and held his legs—
he struck me—the policeman came and I left—I thought two pieces of lead fell from him.
Prisoner. Q. Did you not lose sight of me? A. No; you did not shut the back-door after you—he dropped a piece of lead on each side of the pailings.
WILLIAM FINN . I am a policeman. I was called at quarter past eight o'clock this night, to No. 9, Union-court, and found the door fast—Hulbert got in at the window and let me in at the door—I found the prisoner in the back yard with the witnesses, and at his feet I took up this piece of a leaden pipe, about a foot and a half from him.
ARTHUR THOMAS KILBY . I am a policeman. I assisted in taking the prisoner—I found a piece of lead in the adjoining yard—Hulbert gave me another piece, which was picked up by Duck—I found no instrument upon him.
Prisoner's Defence. I went to the public-house bat the privy was engaged, and knowing the people in this court I went there; and when in the cellar this lady came down—I told her I had been to the water-closet—she would not let me go—I went into the yard to go to the water-closet and they laid hold of me.
GUILTY.* Aged 20.— Confined Twelve Months.
Before Mr. Justice Erskine.
1245. ALEXANDER FRANCIS BAILIE NICHOLSON was indicted for stealing 3 letters, containing 3 shillings, 1 sixpence, and 2 sovereigns, the property of Her Majesty's Postmaster-general, he (the prisoner) being employed in the said Post Office.—2nd COUNT, for embezzlement.—3rd COUNT, for secreting, &c—4th COUNT, for stealing the said letters and money sent by the post.
MR. ATTORNEY GENERAL, with MESSRS. SHEPHERD and ADOLPHUS, conducted the Prosecution.
JOHN FORBES . I am a messenger at the General Post-office—the prisoner has been employed there about two years—on the 1st of March he was employed in the inland office, collecting letters behind the stamper—his duty was to take the letters from the stampers' table to the sorters' table—in doing so I perceived him separating two or three letters by themselves, and place them behind a row. of letters which he had collected—he took the whole parcel up in his arms and conveyed them to the sorters—he took those he had put at the back part of the row with the rest—I followed him to the sorters without his observing me—I observed that he only left about half the row of the letters at the sorters' table—he kept the latter part of the row still in his hands, which contained those I had observed him put at the back—he carried those letters back with him towards the stampers' table, and on his way back I perceived him shifting some letters under his waistcoat—he put the others which he had carried back,
down on the stamping table, with some others, and conveyed them down to the sorters—after he had done so I perceived him put his hand up under his waistcoat again, as he returned to the stamping table—he appeared at if he was adjusting his waistcoat—I communicated the circumstance to Mr. Hodd, a clerk in the office—(examining three letters produced by Matthew Peck)—two of these have passed through my hands—I have marked one of these which is directed to Miss Jones—I have written "loz." on it—this is my hand-writing—it was my duty to weigh the letters—I can speak positively to this—here is another directed to Miss Terry—I recollect seeing this pass through my hands—they all bear the inland stamp of the 1st of March on them, and would arrive in due course by the mail that morning.
Cross-examined by MR. CLARKSON. Q. He has been two years in the establishment, has his conduct been good up to this time? A. I never heard anything else.
COURT. Q. Where were these two or three letters put, do you mean at the end of the row, or behind it, not in the same line? A. Behind the row at the back of it, they formed part of the same row—it was not his duty to separate the money letters from the rest—the whole were not money letters, but mixed—money letters are not separated from the others—he did not say why he brought part of the letters back to the stampers—that was what caused my suspicion—he ought to have left the whole—I had noticed the letters—I had put down a number of cash letters before the prisoner with the others—I can very easily distinguish cash letters from the rest, by the feel.
EDWARD HODD . I am in the inland office, and was on duty on the 1st of March. In consequence of what Forbes said to me, I caused the prisoner to be searched by Peek, the officer, in the inspector's room-before he was searched Peek asked if he had got anything about him which he ought not to have—he said he had not—he was asked if he had any objection to be searched, and said no—Peek searched his waistcoat pockets, then opened his waistcoat, and discovered two or three letters inside the waistband of his trowsers—he wore a waistcoat with sleeves, and no coat—his waistcoat was tight down—it was left up a short way and the letters thrust into the waistband of the trowsers—I do not recollect what he said on their being discovered—Peek said something to him, I do not recollected what—all three letters bore the inland stamp of the morning of the 1st of March, and the marks of the country towns they came from—it was the prisoner's duty to carry letters over the proper weight, which had not paid sufficient, to the sorter.
COURT. Q. Then it was his duty to separate from the letters any which were to be paid for above the amount of the stamp? A. Certianly not—he should carry all the "more to pay" letters to the sorters—it was his duty to carry the whole, whether there was more to pay or not, but the packets that are stamped at that table are to be carried to a different place altogether—but these are stamped with the unpaid letters and are taken to the sorters—the others are taken to another sorters table—it was his duty to carry all the letters from the stamper to the sorters, those that have the proper stamps to one table, and those that have more to pay to another sorter's table—all three of these letters had more to pay—the letters are taken by Forbes to have the stamp "More to pay"put on them.
MR. ADOLPHUS. Q. What post-towns do they come from? A. The one directed to Miss Terry, from Hastings; one for Miss Jones, from Elston,
in Cornwall; and the one forCullen, from Hereford—from these stamps it appears that they had all passed through the office in the regular way.
Cross-examined. Q. Had you known anything of the prisoner before you made the discovery? A. I had suspicions of him—I knew nothing of him.
Q. Have you ever observed that his habits were of a morose, sullen, retired disposition? A. He was rather so disposed—I observed nothing odd about him.
MATTHEW PEEK . I am a policeman. On the 1st of March I was called into Mr. Kelly's room, at the Post-office—the prisoner was there—I was desired to search him by a gentleman in the office—I asked him if he had got any letters about him—he said "No"—I then commenced searching him (I was not present when he was asked whether he had any objection)—in the waistband of his trowsers I found the three letters now produced—I finished my search, and then cautioned him whatever he might say would be used in evidence against him—he said nothing at that time, but in a minute or so afterwards he said, "Mr. Peek, it is a bad job, and I am sorry for it"—I then repeated my caution, and he said no more—Hodd was present when I searched him—this letter, directed to "Miss Jones," had the seal broken when I found it on him—it contained three shillings and a sixpence—I saw the letter to Miss Terry opened—I have kept the letters in my possession ever since—I took the letter addressed to Miss Terry to the Dead-letter-office—it was opened by a gentleman there, and contained a sovereign—it appears to come from Mrs. Terry, at Hastings—it bears the Hastings post-mark of the 28th—I showed the letter addressed to Mr. Cullen to Mr. Higgins the next day—I saw him open it at the examination before the Magistrate—it contained one sovereign—it appears to come from Mr. Lloyd, of Hereford, and contains an order for some leeches.
Cross-examined. Q. Have you observed the conduct of the prisoner at the office? A. Not particularly—I have not observed any peculiarity about him—I might have passed and repassed him, that is all.
RICHARD CRADDOCK . I am a constable of the Post-office. On the 1st of March the prisoner was delivered into my charge by Peek—when I was in the room with him, I said to him, "I am sorry to see you here, I hope there is nothing wrong"—he said yes, they had found some letters upon him, it was a bad job.
MR. CLARKSON called the following witnesses on the prisoner's behalf.
ELIZABETH CATHERINE BOWSTEAD . I am the prisoner's sister-in-law; he has been married to my sister since 1834 or 1835—I was not in London at the time—he has two children—in the latter end of 1836 he conducted himself in a very strange manner, by taking poison—he had treated my sister with great unkindness—not striking her or swearing at her, but he would leave home for days together—I remember her being obliged to leave him for three days—she went to my father's, during which time I was living in the house where me prisoner lived—he never took his clothes off, or went to bed during those three days—in 1836, I remember discovering an ounce bottle of poison and two razors in his pocket—it was between seven and eight o'clock in the evening—either in September or October—a gentleman named Westcott came in while he was locked up in his bed-room, and broke the room door open—I communicated to Mr. Westcott what I had seen, and he went up—he brought an ounce bottle
of laudanum down stairs—it was empty when he brought it down—Mr. Westcott fetched his wife back that night—on the night she came back the prisoner slept on the sofa in the front room—we once found a bottle of laudanum in the cellar—I cannot say whether it was before or after this circumstance—my sister and I found it—one evening, in the latter end of April, or the 1st of May, 1887, he attempted to hang himself—be was hung up—I remember the execution of Greenacre—the prisoner did not make that the subject of conversation, to my knowledge—this circumstance took place the day previous to the execution of Greenacre, but be had made no observation about it—I missed him from the bar for two hours—he then kept the Cock and Crown public-house—my sister at that time was ill in bed—I got Mr. Clark and my brother Robert to look for him—I know the room he was found in, but I did not see him myself till the following day—my sister was obliged to relinquish the business of the Cock and Crown on account of his strange conduct—about the 9th of May we left the Cock and Crown, and went to Jewin-crescent—about July he conducted himself like a madman—he sharpened a couple of razors, and went about the house breaking the china and glass—be put the razors in his pocket—I saw him with them myself—there was no cause for his breaking the china and glass—be was always a sober man—after breaking the china and glass, he fastened himself in the water-closet—my sister and I sent for two policemen, who broke the door open, got him out, and took out of his pocket two razors, which they gave me—some time after he removed to New-street, City-road—he was in the habit of carrying razors about the house with him in the day-time—I never saw him out—when we were in New-street, in 1837, he took poison—I was living in the house at the time—my sister told me of it—I was not called up—I saw nothing of it myself—after he left New-street he removed to Cannon-street, and there he sharpened two razors—he kept us up all night, by wandering about the house, saying he would destroy himself, which he had frequently said before—he wandered up and down the house all night in his cloths—there was no cause for this, more than being unfortunate in business—he had been unfortunate at the Cock and Crown—he has not allowed his wife what she wanted for her maintenance since he has been in the Post-office—he has not allowed her any thing—she has lived by letting the house out to lodgers—his general disposition has been very melancholy—he never struck his wife, nor swore at her, but he kept her without money—he always said he was taking care of his money, but my sister did not know in what way—he did no act that I can speak to, after leaving New-street, not till the night previous to this happening at the Post-office-his conduct was much better, but always melancholy—the night before this was discovered he came home about half-past nine—he went into the parlour, and sat there by himself for two hours, which was very unusual—he had a candle—he came out—I asked him what was the matter—he said "Nothing"—he then appeared very melancholy, as if be was going as he had been before—that was the way his disorder appeared to attack him before—it was that sort of moroseness, by lying in bed for two or three days together—he has done that since he has been in the Post-office, without having anything the matter with him—he was always sober—he has laid in bed sometimes without any cause at all.
MR. ATTORNEY GENERAL. On any of these occasions, was he under the care of any medical man? A. He was not.
ROBERT BOUSTEAD . I am the prisoner's brother-in-law. I had occasion to notice his conduct in May, 1837—I myself was not present before that, when he did any act of extravagance—I have heard how he has behaved, from time to time—on the night of the 1st of May, 1887, I lodged at the Cock and Crown, in Little Britain, which was kept by the prisoner—about twelve o'clock at night I was informed they could not find him—I went in search of him about the house—my sister, his wife, was ill in bed—I found him in the tap-room, hanging by his neck-handkerchief on a nail—I lifted him in my arms, and took him down—he appeared to be quite dead—I laid him on the floor, and called Mr. Clark, a friend of mine—we got some blankets and brandy, took him into the kitchen, laid him by the fire, rubbed him, gave him the brandy, and in about ten minutes he began to show signs of life—he began to struggle—I got into the tap-room by bursting the door open—there was a sky-light in the tap-room ceiling, and it was by means of that sky-light I found him there—when I had got him down I searched his clothes and found in his pocket two razors and a hand-towel—Mr. Clark, who is a chemist, ascertained that he had taken no poison that night—I was not in England when he was married—he has appeared to me at times not to know right from wrong, since I have been acquainted with him, I have not considered him of sound mind—I have not of my own knowledge known that he was in possession of poison in his pockets—I have heard it—I have heard him threaten to destroy himself, and talked to him about it, and on one occasion succeeded in dissuading him from it—I have known him lay in bed for days together without any occasion—he was not of drunken habits—in consequence of his extraordinary conduct, my sister was taken from him—he never offered to do her any sort of violence.
WILLIAM WESTCOTT . I am a clerk in the Post-office. I remember being called on in 1836, to render assistance to the prisoner's family—in consequence of what Bowstead told me, I went to the room the prisoner was in—it was the second-floor back room of the Cock and Crown public-house, Little Britain—I think it was about September—it was a bed-room—I found the door bolted—in consequence of what was communicated to me, I broke it open, and found the prisoner lying on the bed with his clothes on—I think there was a slight quantity of laudanum in a bottle, but it appeared to me he had taken a quantity of it—there was a cup there—I endeavoured to remonstrate with him, but it had no effect—he appeared in a state of stupor as if he had taken a narcotic—at that time his wife had been absent two or three days—in consequence of this she was fetched back to him—I did not stay there all night—I went for his wife by the advice of her sister—I always thought him remarkably morose, and extraordinarily obstinate—I have always heard of him as particularly honest up to this time—I have known him about eight years—in nine cases out of ten I have observed his conduct to be sullen and morose, but for eight or nine weeks together I have not seen him—I was not intimate there—I thought at times he was in rather a mad state of mind, from what I have heard, but the only instance I observed, was in 1836.
MR. ATTORNEY GENERAL. Q. What office do you fill in the Post-office? A. A clerk in the twopenny department—I have been there nearly fourteen years—I suppose the prisoner earned altogether about 30s. a-week—at times I thought he was touched with insanity, from the acts I have heard he has committed—but all I myself saw, was the act of
taking poison, which was seven years ago, in 1836—if I met with a person in the establishment who I thought unfit for duty, I should think it right to report him, but I did not belong to the same department as the prisoner, and seldom met with him—I saw no acts that led me to conclude him mad except seven years ago.
GUILTY . Aged 31.— Transported for Life.
GUILTY . Aged 26.— Confined Eighteen Months.
(The prisoner received a good character.)
Fourth Jury, before Mr. Recorder.
GUILTY . Aged 21.— Confined Three Months.
GUILTY . Aged 15.— Confined Fourteen Days.
1249. SUSANNAH BLACKWELL was indicted for stealing, on the 3rd of April, 2 sheets, value 14s.; and 1 shirt, value 4s.; the goods of Hannah Francis, her mistress: also for embezzling, on the 4th of June, 11s. 9d., which she had received on account of her mistress, Hannah Francis; to both of which she pleaded
GUILTY . Aged 51.— Confined Six Months.
1250. WILLIAM HAWES was indicted for burglariously breaking and entering the dwelling-house of Frederick Edwards, on the 3rd of March, at St. Mary, Matfelon, alias Whitechapel, about the hour of one in the night, with intent to steal, and stealing therein, 8 spoons, value 2l.; 1 pair of sugar-tongs, value 10s.; 2 candlesticks, value 10s. 1 cruet-stand, value 10s,; 1 coat, value 1l.; and 1 handkerchief, value 4s.; the goods of the said Frederick Edwards: and JOHN PEARCE and MARIA DAVIS , for feloniously receiving the said goods, well knowing them to have been stolen; against the Statute, &c.; to which
WILLIAM HAWES pleaded GUILTY. Aged 12.—Recommended to mercy by the Prosecutor, believing him to have been seduced.
Confined One Year.
MARY ANN EDWARDS . I am the wife of Frederick Edwards, of No 56, Leman-street, in the parish of St. Mary, Whitechapel, my husband occupies the whole house. On the night of the 2nd of March, at half-past eleven o'clock, I fastened the back-parlour door which leads into the passage—the panes of glass in the window were perfect at that time, and the window quite secure—the screw of the window was in—I placed the key of the back parlour door on a drawer in the sitting-room, locked that door and took the key up into the bed-room with me—my husband came home at twelve o'clock—there is a yard door at the back of the house inside the passage, on the ground-floor—I believe that was not fastened but it was shut, and latched—we never bolt it—we generally bar it at night, but it was omitted, I believe, that night.
morning, (I do not know the day of the month, it was about five weeks ago,) I got op at seven o'clock, and about half-past eight I noticed the yard door, and there was a pane of glass cut out of the back parlour window—it bad been quite safe when I west to bed—I went up stairs immediately and told master—the back-parlour door was quite fast—I got the key from the front sitting room and missed some candlesticks from the window ledge, and some tea spoons out of a cupboard in the back parlour, which the glass was cut from—my master came home.
FREDERICK EDWARDS . My house is in the parish of St. Mary, Matfelon, alias Whitechapel. On Wednesday night, the 2nd of March I came home about twelve o'clock—I did not go into the back parlour or sitting room that night—Matilda Fearn called me in the morning—I found a pane of glass out of the back parlour window, and missed seven silver tea spoons, a table-spoon, sugar-tongs, a pair of plated candlesticks, a coat, some salt-spoons, a cruet-stand and frame, all from the back parlour—I have seen some of them in the possession of Partis, and some with Argent the constable—they are part of the property I lost—the prisoner Hawes's father and mother lodged in our house at this time—I found the prisoner Pearce coming out of a coffee-shop door in Church-lane on the same morning, between nine and ten o'clock—he walked to Whitechapel church land there I lost him—I went over with Mason into Essex-street, land while I was walking along Wentworth-street, Mason fetched me—I returned into Essex-street, and Pearce ran up a court and up stairs into a home—I called to him to come down, and said, "If you go up to the top I will follow you"—I went up and brought him down—the policeman who was with me took him to the station, but they said there was not enough to detain him, and discharged him—I west again on the Monday or Tuesday to the same house, and found Pearce and Hawes in bed together in the top room—I saw three spoons on the shelf, and said they looked very I munch like my salt spoons—I took them down, and the policeman put them into his pocket—I found nothing else—I have since examined them more, and should say they are mine—they are German silver salt spoons.
PEEREND PHILLIPSON . I am a cheesemonger, and live at No. 55, Leman-street, next door to Mr. Edwards. I know Hawes, his father and mother lodged at Edwards's, and I always understood he lodged with them. On the night before the robbery, Hawes knocked at my door at a little after twelve o'clock—I opened it—I said he was very late—he could get through my premises to the back of the prosecutor's house, over the fence—he used often to go that way, and I suppose he did that night, for I let him for the purpose, and he went out at the back—the prosecutor's back-parlour looks into that yard.
JOSEPH MASON . I am going on for fourteen years old, and live with my mother, at No. 39, Lambeth-street. On Thursday morning, the 3rd of march, Edwards came to me in Church-walk—I went with him to Church-lane, and saw Pearce by the door of a coffee-shop—I said to him, "Have you seen Greeny", meaning Hawes—it is a nick name they gave him—he said, "I saw him down the Commercial road"—I afterwards saw Pearce in a house in Elgar-square—he was brought out by Mr. Edwards, and taken to the station—he was discharged by the Magistrate—I afterwards went with him into the Tenter-ground on the Thursday, and went to look for Hawes—Pearce told me he had taken some silver spoons out Edwards, and a coat and two candlesticks—he said, "If you will
come with me I will give you more than half the money"—I went with him down to the canal bridge, where we saw Hawes—Pearce gave me a piece of bread to carry—Pearce said to Hawes, "For the Lord Almighty's sake keep out of the way, for there is somebody after you"—I gave Hawes the bread—when we got to Limehouse Fields, Pearce said to Hawes, "You stop here till we come back, we shan't be long"—Pearce went to the coffee-shop and got a girl, who was the prisoner Davis—she came out of the coffee-shop—he said, "We have got something for you to pawn"—he told her what he had, and asked her to come round to Limehouse Fields with him—he said there was seven silver spoon three mustard-spoons, a table-spoon, and sugar-tongs—she asked where they were—he said at Limehouse Fields, and that he had a coat at his lodgings—she said, "Why don't you go and get it?"—he went and came out and told me his lodger was going to pawn it for him—we went to the coffee-shop in Church-lane—Pearce whistled there to bring Davis out, and we all went down to Limehouse—Pearce dug the spoons up out of the ground, and Davis wiped them—Pearce said to her,"Pick them up and wipe them, and put them into your lap"—there was seven tea spoons, one table-spoon, sugar-tongs, two mustard spoons, and one salt-spoon, and two tops of candlesticks, but he left them there—Davis wiped the spoons with her apron—she took the things, and pawned half a dozen silver tea spoons in Ratcliffe-highway, close to Limehouse—I do not know the name of the street—I stood a little way off while she went in—Pearce stood a little way from the door—I stood further off, and Hawes stood close to me—when Davis came out she said, "I got 8s. on them"—she walked on—Pearce kept by her, and Hawes kept by the side—Davis gave Pearce some money, and said to me, "Look at the ticket and see if it is right, Joe"—I looked at it and said, "Yes"—Davis wanted the ticket—I said, "No", I will mind that," and I kept it—the pawnbroker had it, for on the Friday night Davis took the sugar-tongs, and had the duplicates made into one—I had returned it to her—they did not give me any money—we all went to Wentworth-street together, and got a lodging there with Hawes—Davis and Pearce went away together, they did not sleep where we went-next day I and Hawes went down to Limehouse—we got there about two o'clock, and on Friday night Davis, Pearce, and me went to the pawnbroker's—Davis gave me the table-spoon—Pearce said, "Wipe the table-spoon and give it to her, and wrap it up in this cloth"—Davis went and pawned the table-spoon and sugar-tongs—I and Pearce waited outside—she said, "You must give me that ticket, because I told him mistress was outside, and I would come for it, and I asked him to make it into one:—Pearce tore up the ticket which she brought out—Hawes left us at Lime-house—Pearce gave him 1s. and told him to go to the Victoria—I, Pearce, and Davis went to the cook-shop in Ratcliffe-highway, and had something to eat—we afterwards went to the Victoria theatre, and found Hawes there—when we came out we walked over London-bridge, and there Pearce gave us 6d. to get a lodging, and we lodged in Rosemary-lane then—on Saturday we went to the field again where the things were hid—the sugar-tongs and a table-spoon were pawned by Davis—I had had them in the meantime—this is the first thing of the kind I have been engaged in.
Pearce. Mason tore up the ticket, and he had as much money as any of us had.
Davis. The sugar-tongs were not taken out of the hole; the witness had them in his pocket. Witness. I had them in my pocket when Pearce gave them to me out of the hole.
Pearce. I did not want him to take them at all, but he said, "I will take them." Witness. He said, "Don't let me have them, I may be caught, and you have them, they won't think to touch you."
Davis. I did not know they were stolen property.
GEORGE PARTIS . I am shopman to Mr. Nathan, a pawnbroker, of No 49, Three Colt-street. On the 3rd of March, the prisoner Davis came to oar shop, and pawned six tea-spoons for 8s. in the name of Eliza Kelly—I am sure it was her—next day she pawned a table-spoon and sugar-tongs for 8s.—she said they belonged to her mistress who had sent her to pledge them—she said she wanted them put into one ticket—I asked if she lad brought the ticket—she said "No"—I said she must go home and get it—she went out, and returned in about five minutes with it, and said her mistress was waiting outside, and had it in her pocket—I altered the ticket to 16s—I have the counterpart of the duplicate.
WILLIAM ARGENT (police-constable H 126.) On the 8th of March, about eleven o'clock, I went with Mr. Edwards to No. 9, Elgar-square, and found there a German silver tea-spoon over the mantel-piece—we remained there till between two and three o'clock in the morning—we then went up stairs to the same room, and found Pearce and Hawes in bed in that room—I told them what I wanted them for—they made no reply, but on coming from the station Pearce said, "I am not in it, and that you will find out"—I had charged them with breaking into the house—I found Davis at a coffee-shop in Church-lane—I told her I wanted her for pledging tome spoons—she said, "I did pledge them; I don't deny it; the boys gave them to me"—I went to a field pointed out by Mason, and found the two candlestick-sockets there.
FREDERICK EDWAEDS re-examined. I examined the parlour window—the pane of glass was taken quite out, and laid against the fence—the glass had been fresh put in—either of them could get through, but in my opinion they put an arm through and unfastened the screw, and opened the window, but I found the screw fastened—the pane was large enough for Hawes to get through—he must have come into the yard, and got through the square or taken the screw out, opened the window, and put the screw in again war getting out.
Pearce's Defence. I did not break open the house; I did not know the goods were stolen, but on Thursday morning, about seven o'clock, I got op, and was asked to go down in the field to have a game at ball, and these things were shown to me in the hole.
Davis's Defence. I was sitting in the coffee-shop on Wednesday, and the witness came in to me with this boy; I had only seen them once before; they asked me to have a cup of coffee; I said, "Yes;" I was in great distress; the witness asked me to pledge some things; I said, what are they?" he made no answer, but afterwards said, "Will you go?" I said, "Yes," and outside the shop-door he showed me the sugartongs; he said, "You go in, I will come for you in about a quarter of an hour," and in about ten minutes he came again, and they asked me to Pawn some things—he took me to Limehouse fields, and told me to wait while he got the things—he brought me the spoons, and asked me to go and pawn them—I went to one pawnbroker's—they would not take them in—l took them to another, and pawned them for 8s.—I came out
and gave the ticket to the witness, and 8s. to the boy, and he gave me 1s.—they asked me to take them a lodging—I said I would, but they must say that they were my brothers; I took them to a lodging; I met them next day; they gave me a table-spoon and sugar-tongs to pawn, which I did for 8s.; the pawnbroker said, "You must go and get the other ticket, and leave the things here;" I left them, and came back; the pawnbroker said, "You have beep very quick;" I said, "Yes, mistress is outside;" he gave me the ticket which I gave the witness, who has torn it up; they took me to a cook-shop, and gave me my dinner; I was in great distress at the time; it is the first thing I have ever done.
PEARCE— GUILTY . Aged 16.
DAVIS- GUILTY . Age l7.
Transports for Seven Years.
1251. WILLIAM BUSHNELL was indicted for feloniously assaulting Henry Thick, on the 17th of March, putting him in fear and danger of his life, and taking from his person, and against his will, two handkerchiefs, value 1s., and that he immediately before, and at the time of the robbery, feloniously did beat, strike, and use other personal violence to him.
HENRY THICK . I am seventeen years old, and live at Old Brentford On Thursday, the 17th of March, I was in Heston-lane, between five and six o'clock in the evening, going to my master's, Robert Fox, and saw the prisoner coming towards me with a stick in his hand—he came, and told me to stop, and caught hold of my collar—he said he wanted 2d. for a pint of beer—I said I had it not for him, and tried to run away, but he stopped me, and knocked me into a ditch with his hands—he pushed me in—I, got up again—he pushed me down again, and snatched the handkerchief off my neck—he put his hand into my pocket, and took out another handkerchief—he put his band into my side-pocket, and took out a direction where I was going—he then ran away—that was all he did to me—he did not beat me—he hurt my back when he pushed me down, but not much—I felt it a little afterwards—he threw me into the ditch twice.
Prisoner. I was over in the brick-field all day, and they gave me so much beer I did not know what I was at—I did not do it intentionally.
Witness. He did not appear drunk at all—I got into a man's cart-the, man belonging to the cart went to find him—the two handkerchief produced are what he took from me.
HENRY PULLING . I live at Heston. I was going down Heston-lane on the 17th'of March, and met the prosecutor—he complained of being robbed—he jumped into my cart, and I went in pursuit—I saw the prisoner going along the road—he saw me coming and made away to a stone heap to catch a handful of stones—thinking he was going to throw them at me I collared him—he began kicking—I caught him by his legs and threw him down—we bad a scuffle for about three minutes, till a gentleman got out of a chaise and assisted—we took him to the Black Horse—I sent for a policeman—he did not seem drunk.
Prisoner. When he came up to me he said, "Now if you are drunk you had better come quietly." Witness. I said "You must be drunk or a fool to interfere with a boy like that," but as soon as I caught him I saw he was not drunk.
THOMAS WILLIAM DANIELS (police-constable T 144.) I apprehended the prisoner by the Black Horse—I asked the prosecutor what was the matter—he said the prisoner had assaulted him on the road and robbed him of a handkerchief off his neck, and one out of his pocket, and that the prisoner
had the handkerchief then on his neck—I took it off, and took him to the station—he resisted very much—I was obliged to get assistance—he was not drunk it at all
Prisoner. I did not resist at all. Witness. He did—I was obliged to send for a man to help me.
Prisoner's Defence. I was very tipsy; I did not knew what I was doing.
GUILTY . Aged 19,— Confined Eighteen Months.
1252. WILLIAM COOPER, DANIEL GADD, JAMES HENESSEY , and JOHN IRONS were indicted for breaking and entering the dwelling-house of Charlotte Stevenson, on the 17th of March, at St. George, and stealing therein 1 piece of handkerchiefs, value 17s., the goods of the said Charlotte Stevenson; and that Gadd had been previously convicted of felony.
WILLIAM ARGENT (police-constable H 126.) On Thursday night, the 17th of March, I was sent to watch the shop window of Mrs. Stevenson, of 143, Ratcliff-highway—I was in plain clothes—about seven o'clock I saw the four prisoners come to the window together—they separated two or three different times, and whistled—I lost them, but they came back, and about ten minutes to eight I saw Cooper go to the window—the other three stood behind—he pushed the glass in and drew these handkerchiefs out—the other three remained at the window—Cooper crossed over and crossed again to Denmark-street, the same side as Mrs. Stevenson's shop—the other three kept at the window—I went after Cooper—he began to run up the street—I ran after him, and finding somebody after him he threw the handkerchiefs down in the street—they had been in company for nearly an hour together—I caught him—he said, "I did not steal them"—I said I had seen him—I brought him back to the shop with the handkerchiefs—they were identified, and he was detained—the three others were then gone—I am certain they had been together and talking together, and at the time Cooper pushed the glass in—they stood behind him dose at his back, covering him while he did it—the others might have got more things from the window when I ran after Cooper—I did not see them again until next morning, when I took Henessey at No. 1, Sugarloaf-court, Essex-street, Whitechapel, in a room where there was several girls and boys—I told him I wanted him for a robbery in the Highway—he dewed being in the Highway—he said he was not down there—I mentioned Mrs. Stevenson's shop—he denied having been there—I took the others on the Thursday morning following, between six and seven, at No. 2, in the same court—Irons was getting up the chimney, and Gadd was in bed—I just saw Irons' feet up the chimney, and he came rolling down.
Cross-examined by MR. HORRY. Q. You were in plain clothes watching? A. Yes, on both sides of the way—when they were at the window I was on the opposite side—I crossed several times—they passed me, and I passed them—there was people going to and fro in the street—they returned to the shop from time, to time I should think nine or ten times in the course of the hour—they went backwards and forwards, crossed the street, separated, and whistled to one another.—I cannot say who whistled, but it was the same party—there was nobody whistled but them—I had known them some time before—I was on the opposite side when they came to the window at first, but was on the same side when Cooper broke the window—it was after dark—the lamps were lighted
—there was quite light enough there—I saw no other boys about the place I kept my eye on them—other boys might pass up and down—when any of them went away they might go about twenty yards—I was by the side of them at times—I was standing close to the shop when they came down again—the others joined them on the other side of the shop, and crossed and came back again to the shop—I observed them all conversing together—Cooper crossed over after he took the handkerchiefs—he went ten or twelve yards, then crossed and ran—nothing more was lost from the shop.
JURY. Q. Did he put his hand through the glass or cut it? A. it put his hand through—when I went to look for the glass it was gone-it had been starred overnight, which was the reason why I was sent to watch that night.
COURT. Q. Are you sure it was only starred before, and there was not an aperture through which a hand might be put? A. No, it was only stand—I did not hear any noise when it was pushed in—I was not above two yards from them—I saw Cooper's hand go in, and draw the handkerchiefs out—be bad an apron on, and stood, close to the window—he drew the handkerchiefs out, put them under his apron, and carried them into Denmark-street.
THOMAS WILLIAM BROWN . I am shopman to Charlotte Stevenson, of Nos. 144 and 145, Ratcliffe-highway, St. George's-in-the-East—she carries on the business of an out-fitter and draper. On the night of the 16th I went outside the shop, and saw the four prisoners leave the window—l am certain of them—I have seen them about the neighbourhood—we hare had so much glass broken lately that we sent to the station, and desired a man might come to watch—for the last three weeks we had paid above 2l. for glass which had been broken—I noticed the window was starred-then were four holes in the putty, and at the top the glass was cracked in two or three different ways, but none of it out—this was the night before the robbery—the pane bad been put in about two days, having been starred only a few days before—the putty was fresh—I have seen the prisoners several times before at the window, and Henessey has watched me about the same as a cat watches a mouse to see if I was looking after him—Argent was set to watch the window, and on the 17th I saw them all four again, two or three times before Cooper was brought in by the officer, with piece✗ of handkerchiefs, worth 17s.—it has our mark on it—I bad put it in the window about a quarter to seven—I was with the officer when he took Henessey, and pointed him out—also when he took Gadd and Irons—I said to Gadd, "Now you get up, let us have a look at you"—he said, "Oh, I was not 'in the way' that night"—I had not mentioned any "way"—he either said " way" or "highway"—the piece of glass was quite safe till about seven that night—I afterwards found the bottom part of the square shoved in and taken away altogether—it was taken clean out—there was no broken piece inside.
Cross-examined. Q. According to your recollection he said "in the way?" A. To the best of my recollection—I have seen Henessey about more than the others—he watched me from door to door—he has watched me more than the others—I never observed the other three together with out him—the four were always together passing the shop and at the window—I have observed them for a fortnight about our place—I have not noticed
any others—I am not mistaken in the prisoners—I know them well, and they know me—we have had several squares cut in each window lately.
Cooper's Defence. The policeman came up to me, and said, "Where did you get this handkerchief from?" I said, "What handkerchief?" He said, "This." I did not give him any answer; he took me back to the shop, and said I stole them. I was never near the window at all; the policeman had the handkerchiefs in his hand when he came up to me. I never saw them.
WILLIAM ARGENT re-examined. I followed him up till he threw them: down in the street—I did not take the handkerchief up till I took him. Henessys Defence. I was out all day till about five o'clock, and then went to the play, without my parent's leave; it was about one when I came my, and I did not like to go home. I was afraid father would beat me—I went to Richard-street, and gave 3d. for a bed; in the morning, when I was thinking of getting up, this gentleman came up with another, and said, "Whose cap is this?" I said, "Mine;" he said, "Well, you are one of the boys who was at my shop last night, stealing handkerchiefs." I said I was not; he said, "This is the chap that was at my shop last night stealing handkerchiefs; "and he should soon see, if I got up, if I was the boy; I was not there at all.
Irons's Defence. I had a job in the Minories, and had to go to the Elephant and Castle. I was not back till ten o'clock. I went to my lodging, and in the morning the gentleman came I happened to be taking my jacket off the stove, and he said I was getting up the chimney, and the policeman said so too; I was only taking my jacket off the stove.
Irons. He said, "I think that is one of them," and the policeman, took, me to the station with Gadd.
(Honora Tobin, of New-street, Bishopsgate, gave Henessy a good character.)
COOPER— GUILTY . ✗
GADD*— GUILTY . ✗
HENESSY— GUILTY . ✗ TransPorted for Ten Years.
IRONS- GUILTY . ✗
CHARLES SCOTT . I am in the employ of George Smellie, a pawn-broker, of No. 184, High-street, Shadwell. The prisoner came into the shop to ask if I wanted to buy any combs—I said no—he walked out, and as he passed along the passage I saw him pull down this handkerchief and immediately put it into his pocket—I followed him, stopped him about wee doors from the shop, brought him back, and as he came up the step,
I saw him take the handkerchief out of his pocket, and drop it—it is Mr. Smellie's property.
JAMES BROWN (police-constable K 48.) About three o'clock in the afternoon the prisoner was given into my custody—he denied having touched the handkerchief—there is a little mark in the corner, where it appears to have been pinned—it is just torn out at the corner.
Prisoner's Defence. It was lying on the floor. I did not touch it at all. I was brought into the shop; the young man said, "Here it is, and took it up. I had not seen it.
GUILTY.* Aged 16.— Confined Three Months.
NEW COURT.—Friday, April 8th, 1842.
Fifth Jury, before Mr. Common Sergeant
GUILTY . Aged 14.— Confined One Month.
GUILTY .— Confined One Month.
1256. JOHN RYAN was indicted for stealing, on the 21st of March, 2 shillings, and 2 warrants for the delivery of 1681bs. weight of coals, and 28lbs. weight of potatoes, value 3s,; the goods of John Scopes.
MR. CLARKSON conducted the Prosecution, JANE SCOPES . I am the wife of John Scopes, a carman to Mr. Chandler of Bow-lane—Mr. Jones, a member of the City Kitchen Society, gave him two coal-tickets. On the 21st of March I went to the City Kitchen with them—I found there were a number of applicants there—I stopped some moments before I could see any one—I saw a ticket-porter—he said he was so full he could not attend to me—I saw the prisoner with two or three others—he said, "Well, what is it? I will"—I said I wanted these two tickets out—I told him I lived at No. 3, Cook-square, and that the direction was on the coal-tickets as well—he said he knew where it was and he would take them home for me—I delivered him the coal-tickets, and gave him 2s,—1s, 6d. to get the coals and potatoes, and U. for his trouble he said, "Shall you wait?"—I said, "Yes"—he said, "They will be some time, you had better go home, and I will bring them after you"—I went and waited at home till between three and four o'clock in the afternoon—I found he did not come, and went again to the City Kitchen after a time I found the prisoner, and asked him when he was going to bring the coals and potatoes home—he said, "Me! it is not me, I have not had a turn to-day," and he laughed at me—I never got either my money, tickets, coals, or potatoes.
Cross-examined by MR. HORRY. Q. HOW long did you wait before he said to you "You had better go home?" A. Not more than two or three minutes—he just went to the door where they go in at, and saw they were
full in that room—he was not a ticket-porter—I could read what is on the ticket
MR. CLARKSON. Q. Had you read that the ticket must be presented to a ticket-porter, and to no other person? A. Yes, but they were so busy I could not get hold of one, and I was very unwell.
JAMES REGAN . I am a City policeman. I took the prisoner in charge—I told him I wanted him for the tickets that he had taken from Mr. Stenson—he said, "Very well, I will go with you"—I asked him if he had the money by him—he said no, he had lost ten of the tickets, and the money also—he said, at the Mansion House, "I have had two from this woman, and she has come against me, I fear"—he offered to pay the money.
GUILTY . Aged 19.— Confined Six Months.
(There was another indictment against the prisoner.)
GUILTY . Aged 20.— Confined One Year.
ALLAN pleaded GUILTY . Aged 30.— Confined Two Years. JONES pleaded GUILTY . Aged 37.— Confined One Year.
MESSRS. BODKIN and DOANE conducted the Prosecution. RICHARD TRIGGER. I am shopman to Mr. Fenn, a tool manufacturer, in Newgate-street. The prisoner came to my master's shop, oh the 1st of February, and asked for a file—I asked him what priced file—he said be was not particular, about 6d.—he offered me a five-shilling-piece in payment—I saw it was bad—I spoke to Shaw, the foreman, and gave the crown to him—he took the prisoner into the counting-house, and soon after I saw him given into custody to a policeman.
JOHN SHAW . I am foreman to Mr. Fenn. Trigger brought me the crown-piece—I called the prisoner into the counting-house, arid gave him into custody—I gave the crown-piece that Trigger gave me to Packer the officer.
JAMES PACKER . I am a City policeman. I received the prisoner in custody at Mr. Fenn's shop—I produce the crown-piece Shaw gave me—I searched the prisoner at the station, but found no other money on him—he said his name was John Jones—I took him to the station about one o'clock—he remained there till seven—Woodruff, the inspector, kept him there, and then dismissed him.
COURT. Q. Although the Lord Mayor was at the Mansion-house? A. He was sitting at the time—I was ordered by Mr. Woodrutf to lock him up—Woodruff was formerly a turnkey in Newgate, and was discharged. and afterwards taken into the police—he was first made a sergeant, and then an inspector.
druggist, in Devonshire-street, Portland-place. On the afternoon of the 7th of February the prisoner came to my shop for a Sedlitz powder, which came to 3d.—he offered me half-a-crown in payment—I saw it was a bad one, and asked where he got it—he said his master gave it him; that h" his master's name was White, and lived in Crawford-street—I said I would look into the Directory, and see—he then said he believed it was not the truth—a policeman was called for, and he was given into custody—I marked the half-crown, and gave it to the policeman.
HENRY WILLIAM HAMMOND (police-constable D 65.) I was called in, and took the prisoner at Mr. Thomas's shop—I received the half-crown from Mr. Samuel—I asked the prisoner his name—he said, "Mahon"—he afterwards gave his name at the station as Robert Stone, and said he lived at Hammersmith—on finding nothing on him he was remanded by the Magistrate till the 10th of February, and then discharged.
HENRY FLETCHER . I am a bookseller, in Clerkenwell. On the 25th of February the prisoner came to my shop, and asked for a black lead pencil, which came to 6d.—he offered a bad half-crown in payment—I told him it was bad—he said he did not know it—I sent for a policeman, and gave him into custody, and gave the half-crown to the policeman.
EDWARD EBENEZER HUMPHREYS . I am the son of Mr. Humphrey, who keeps a newspaper-office in Theobald's-road. On Saturday evening the 5th of March, I was in Drake-street, Red Lion-square, and saw the prisoner—he asked me if I would go into the shop, and get a twopenny loaf, and he would give me a halfpenny—I said, "Yes"—he gave me a shilling—he told me to say it was for my father—I went to Mr. Hacker's—he had not got a twopenny loaf—I came back, and told the prisoner so—he sent me back again to get a threepenny loaf—I got it, and gave Mr. Hacket the shilling the prisoner had given me—he said it was a bad one—I went back to where I had left the prisoner, and Mr. Hacket with me—the prisoner was then gone.
Prisoner. Q. What do you know me by? A. By your drew, and your face also—I did not tell the Magistrate I only knew you by your jacket and cap—I am sure I gave Mr. Hacket the same shilling you gave me—I had no other shilling about me—I saw you again about an hour after, and knew you to be the same person.
SAMUEL EBENEZER COWPER HACKET . I am a baker, in the neighbourhood of Red Lion-square. On the 5th of March Humphreys came, and asked for a two penny loaf—I told him I had not a two penny one, but I had a three penny one—he went away, and returned in two or three minutes for the three penny loaf—I asked him who it was for—he said, "For a man over in Drake-street"—he gave me a counterfeit shilling—I went out with him—he said he would show me the man, but he was gone—he might have seen me with the boy, but the boy walked foremost-about an hour after that, I was in the parlour—my wife was in the shop, and in conesquence
of what she told me I went into the shop, and saw the prisoner there dealing for a penny loaf, and a bad half-crown on the counter—I told him it was a bad one—he said he did not know it; he had just received it in his wages; that it was a hard case, he was a hard working man—he then offered me a shilling, which he said was a good one—I kept it, and sent for a policeman—as I was standing at the doorway he came and struck me, and ran away—I pursued him—he was brought back by James the policeman, to whom I gave the half-crown—I gave the shilling to another officer, who I met.
HARRIET HACKET . I was in the shop when the prisoner came and asked for a penny loaf—be laid a half-crown on the counter—I rung it, and found it was bad—my husband came into the shop—I was behind the counter, and saw the prisoner strike my husband.
Prisoner. Q. Did not you carry the half-crown to your husband in the parlour? A. No—I did not put it into the till.
JOHN SERJEANT. I am a policeman. I produce a bad shilling, which I received from Mr. Hacket.
Prisoner. Q. How long had you the shilling in your possession? A. You were taken into custody before I got the shilling, but you had not been brought back to the shop—I was with the boy for an hour before you were taken.
Prisoner's Defence. Is it likely if I had known it was a counterfeit shilling I bad given the boy, that I should have gone to the same shop with a counterfeit half-crown; I did not know they were bad.
GUILTY . Aged 20.— Confined One Year.
ANN PEERING . I am the wife of James Perring, who keeps a shop in I Bath-street, City-road. On the 1st of March, about seven or eight o'clock I in the evening, the prisoner came to my shop, and asked for a penny pie—I he offered me a counterfeit shilling—I told him it was bad—he said he did not know it—I said I would get a policeman—I went to the door for that purpose—he said, "Will you by G—?" and ran out—I followed him—he turned round, struck me in the chest, and got away—I put the shilling on the parlour mantel-piece—it remained there till about a quarter or half-past eight o'clock, when my husband came home, and I gave the same shilling to him—I saw the prisoner in custody on the following Saturday.
Prisoner. Q. How do you know me? A. By your face—I picked you out at Worship-street from others—I knew you in a moment—I am quite sure you are the man.
JAMES PERRING. I received a shilling from my wife on the 1st of March—I took it to the station, and gave it to Ansdell, the constable, after marking it—this is the shilling I gave him.
HENRY MORLEY . I am a market-gardener. I was at Spitalfields-market on the 5th of March—the prisoner bought half a dozen bunches of turnips of me, and gave me a half-crown in payment—I suspected it was bad and gave it to Mr. Imray, who said it was bad, and seized the prisoner.
THOMAS CUMMING . I am a policeman. I received the half-crown from Mr. Imray, which I produce—I asked the prisoner if he had any more about him—he said no it was bad enough to have that one—I found nothing on him.
GUILTY . Aged 20.— Confined Nine Months.
NOT GUILTY .
1263. HENRY TUXFORD was indicted for stealing, on the 1st of January, 1 tea-pot, value 10s.; 1 footman, value 4s. 1 bread-basket, value 6s.; 5 waiters, value 3s.; 1 pair of snuffers, value 4s.; 3 snuffertrays, value 4s; 1 cash-box, value 8s.; 1 warming-pan, value 6S,; 1 collander, value 3s; 1 sandwich-box, value 1s.; 1 dressing-case, value 4s.; 4 spoons, value 10d.; 1 steel, value 3s.; 3 finger plates, valued; 1 hearth-brush, value 6s.; 1 pair of fender pillars, value 4s.; 1 puffing. iron, value 1s.; 1 flat-iron, value 1s.; 1 rule, value 2s.; 1 bottle of varnish, value 1s. 6d. 1 knife, value 3s.; I fork, value 1s. 6d. 1 jug, value 4s.; 3 padlocks, value 1s.; 3 locks and keys, value 1l.; 4 shutterknobs, value 1s.; 1 oyster-knife, value Is.; 1 hammer, value 1s.; 6 chisels, value 3s.; 3 punches, value 1s. 6d.; 1 pair of pincers, value 1s. 6d.; 1 file, value Is.; 1 wine-glass, value 1s. 6d.; 1 footboard, value 1s.; 1 dish, value 3s.; 1 cup, value 1s.; and 1 saucer, value 1s.; the goods of John Moore, his master.
JOHN MOORE . I am an ironmonger, and live in Little Earl-street, Seven Dials—the prisoner was in my employ as porter for upwards of five years—in consequence of information, I went to his lodgings, No. 35 Great St. Andrew-street, Seven Dials—I found him there, and on examining the lodgings, found the tea-pot, bread-basket, and other articles—I know these now produced to be mine—the prisoner or his wife handed me the tea-pot, and he said he had robbed me of that, and that only
Cross-examined by MR. BALLANTINE. Q. What is the value of the articles you have lost? A. 7l. 9s. l0d. altogether—those in the present indictment I value at about 3l. 10s.—the prisoner was never in the habit of taking things home for any purpose connected with the business—I am quite certain these articles had not been sent out for customers to look at.
(The prisoner received a good character.)
GUILTY . Aged 36.— Confined Nine Months.
(There were two other indictments against the prisoner.)
JACOB HOUSEGO . I am a butcher, and live in Snar-street, paddington—I have also a shop in Uxbridge-road—the prisoner was my servant for two years and a half, and bore an undeniable character—I placed the greatest confidence in him—the policeman brought him to me with a
piece of beef—I could not swear it was mine—my stock is too large for me to miss any.
ALFRED HUGHES . I am a policeman. I met the prisoner with this beef in a bundle under his arm—I asked what he had there—he said "Some meat"—I said, "Why, you live with Mr. Housego"—he said, "Yes"—he then said if I would take no notice of it he would make me any recompense—I told him I was placed there to prevent such things, not to connive at them—he went on his knees, and said he hoped I would not take any notice of it, as his master would prosecute him with the utmost rigour of the law—I took him to the station—the inspector asked whit account he had to give of the meat—he said, "I stole it from my master, it is the first piece I have ever taken."
NOT GUILTY .
1265. THOMAS THOMAS was indicted for stealing, on the 11th of March, 80lbs. weight of lead, value 15s., the goods of James Brown. JAMES BROWN . I live in Cheltenham-street, Bethnal-green—I have some houses in Mount-street, Bethnal-green—I examined the gutters there, and found the lead gone from there—I have compared the lead now produced with that still on the premises, and believe it to be part of that lead.
JOHN GODDARD . I live in Mount-street, Bethnal-green—my house adjoins Mr. Brown's empty houses—between seven and eight o'clock, on the 11th of March, I received information from a tenant of mine, and went to one of Mr. Brown's houses—I heard voices, on the roof, and heard the ceiling crack inside—I went to the rear of the house, and some lead fell very near me—I sent for assistance—a young man lodging at my hoose came, and found the prisoner coming out of the back window—the lead was not cut, but removed all in one piece, and put down at the back of the house.
JAMES AGGS . I am a plasterer, but am out of employ at present—I was called up to the roof, and saw some one drop out of the window—I cannot lay whether it was the prisoner, it being dark—I believe it was him—I took the person I saw drop out of the window, and he is the person I took—I took him on the premises—I saw some lead hanging down from the roof, and some on the house—the prisoner was given into custody.
WILLIAM PAYNE . I am a policeman. I was passing by, and the prisoner was given into my charge—I went up on the back premises, and saw the lead hanging off the house—it had been removed from its proper place—the prisoner told me he was passing by, that some man told him to go down a court to see what was amiss, and he went down the court—as we were going to the station, he said he was passing by, and was lifted in at the window by some man.
Prisoner's Defence. As I was coming past the house, there was a row; ran down to see what was the matter, and was helped in at the window; when I came out was taken into custody.
(The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy. — Confined Three Months.
1266. JOHN RYAN was indicted for stealing, on the 11th of May, 3lbs. 60s. weight of silk-warp, value 7l. 4s.; 31bs. weight of silk shute, value 4l. 4s.; and 30 wooden bobbins, value 2s.; the goods of George Gandy and another, his masters—2nd COUNT, for stealing 100 yards of silk, value 11l. 8s.; and 30 wooden bobbins, value 2s.
GEORGE GANDY . I am a silk-manufacturer, and live in Princes-street Spitalfields. In 1838, the prisoner applied to me for work, and 31bs. 60z. of warp, 31bs. of shute, and 30 wooden bobbins were delivered to him at different periods—I delivered him the warp on the 14th of March 1838—he ought to have brought it back to me, worked up—he never did so—I never heard more of him, and he could not be found until March last.
JOHN COX . I am a policeman. On Wednesday, the 16th of March, I met the prisoner, and took him into custody—I said, "You are wanted for stealing some silk"—he said, "Yes, I have done it, and I am very sorry I have laid myself under the lash of the law."
Prisoner. I never said such a thing. Witness. He did, and he said again at the office that he was very sorry he had done it.
Prisoner's Defence, written, "My extreme poverty prevents roe from employing a counsel to defend me against the serious charge preferred against me by my prosecutor, George Gandy, that of cutting the work from the harness, which is falsely sworn to by the prosecutor, and which offence has subjected me to be brought before you this day; whereas the manufactured work that was taken away was taken from before the reed; which offence, when committed by a journeyman weaver, is always decided by a Magistrate, who either commits the person accused to one, two, or three months' imprisonment, or a public whipping; but he having sworn it was cut from the harness, subjects me to be brought before you. A man named John Chisholm went to my residence, and by a written order he had received from the prosecutor's brother, William Gandy, who is partner with the prosecutor, obtained my harness, with as much warp through harness and reed, and on my cane-roll, as enabled him (Chisholm) to weave upwards of forty yards of silk, and at the same time he received several empty bobbins from my place, which he also returned to the wan-house; a man named Moles can prove that John Chisholm informed him, when he called upon him, that the work he was then weaving in what I had left in the loom."
JOHN CHISHOLM . I worked for Mr. Gandy—his brother, Mr. William Gandy, gave me a note to go to the prisoner's house for the unmade work that he had left in the loom—it is near about four years ago—I saw a woman there—I do not know who she was, but I called her Mrs. Ryan—I gave her the note and said, "I have come for this work"—she said, "It is all right, you may take it"—I undid it off the harness as carefully as could, brought it home to my own place, and made it up—it measured forty yards, to the best of my recollection—I took it home to the prose cutor, and he paid me.
GEORGE GANDY re-examined. This man was in our employment—he never brought me the work—I discharged him for embezzlement in october last, for a deficiency of 13 1/2 oz. of silk—he stole it—my brother was not before the Magistrate—the prisoner did not make any defence of this sort then, or I could have brought my books, which would have clearly shown I never had the work—I was not aware of my brother s writing any such note—I can swear we never received any of the silk back—the prisoner was to work it up at his own house.
Prisoner. I wanted to make a defence, but the Magistrate would not allow me to speak.
BENJAMIN MOLES . Chisholm brought a note to me, and asked where Ryan lived—I showed him—I saw him bring down the work on a tail, and be took it to his own place to weave—I saw him at work on it—what Mr. Gandy has said is false—in our trade if you leave work unfinished you are punishable according to law, and they can give you three months.
JOHN CHISHOLM re-examined. I have not seen the prisoner for this four year until now—I believe a man named Ryan wrote this defence for him—I do not know whether he is a relation of the prisoner's—I heard his name was Ryan—he wrote it at his own place—I saw him do it, and heard it read once—he did not ask me what to write—he asked me who gave me the note, and I said Mr. William Gandy—I told him I had finished the work, and taken it home—I did not know the man before. NOT GUILTY.
ROBERT SKINNER . I am a cheesemonger, and live in the Curtain-road, Shoreditch. On Thursday, the 10th of March, my cart was standing at my shop-door, being loaded—my man plated a flitch of bacon in it—Dakeson came in and gave me information—I went to the cart, and the bacon was gone—I had seen it safe in the cart not more than ten minutes before—part of it is now her—it resembles mine very much.
Cross-examined by MR. BALLANKTINE. Q. Have you compared it with the bacon from which you supposed you cut it? A. No—it was not in my possession when this was shown me.
THOMAS DUKESON . I was coming up Holywell-lane this evening, and saw Mr. Skinner's cart standing at his door—I saw the prisoners and another young chap waiting opposite his door, a little distance from it—I saw Stevens go to the cart and take out a half-side of bacon, put It under his arm, cross the road, and give it to Hoff, who was standing on the other side of the way—Hoff went up Charles-street one way, and Stevens went another way—I directly informed Mr. Skinner.
Cross-examined. Q. Had you ever seen these persons before? A. No—I was a very few yards from them—I saw them for three or four minutes Bonner was with me.
JAMES BRANNAN . I am a police-sergeant. On Friday morning, the 11th of March, I went to Featherstone-court, St. Luke's, to Hoff's house—I knocked at the door, he admitted me—I said, "Now Mr. Hoff, about this bacon"—he said, "What bacon?"—I said, "The bacon stolen from a stolen from a cart last night in the Curtain-road"—be said, "I know nothing about it"—I found this bacon which I have produced, in a cupboard in the house, and asked how he came by it—he said he bought it of a female—he afterwards said he had bought it of a young man—Stevens was taken by
directions on the Sunday following, by another officer, in the same court as Hoff.
(Hoff received a good character.)
Cross-examined. Q. Do yon know whether the prisoners are in distress? A. Yes, they are.
STEVENS*— GUILTY . Aged 20.— Transported for Seven Years.
HOFF— GUILTY . Aged 19.— Confined Six Months.
1268. WILLIAM EDWARD HARPER and HELEN HARPER were indicted for stealing, on the 6th of March, 1 frock, value ls.; I petticoat, value 1s.; 1 towel, value 6d.; 1 dram-glass, value 5d.; 1 handkerchief, value 6d.; and 4 yards of lace, value 3d.; the goods of Thomas Richard Burton.
MART BURTON . I am the wife of Thomas Richard Burton. On the 6th of March we moved from Baker-street, Stepney—I locked up the house carefully that night—it contained the articles stated—when I came next morning the door was broken open, and the things gone—on Tuesday, the 15th, I saw Helen Harper with my daughter's frock and handkerchief on, which I had missed from my box in that house—I got a policeman and gave her into custody—she said she had bought them in Petticoat-lane—at the station I observed that she had my daughter's petticoat on, and said so—she said it was not, that she had bought that in Petticoat-lane with the others—I afterwards went to No. 26, Albion-street, searched the house, and found this towel, the glass, and lace there.
Prisoner W. E. Harper. I should like to know who I am accused of robbing, this woman or her husband? it has been proved, since I have been in prison, that her husband is dead, and she is living with a man; she keeps a bad house. Witness. I am married, and my husband is alive, and at work on board a ship—I saw him this morning—I was married at Nottingham.
WILLIAM JAMES ADAMS (police-constable K 58.) I went to No. 26 Albion-street, which is a brothel—the prisoners live in the back-room has man and wife—I do not know whether they are so—they were sitting playing at cards—I searched the room and found a towel, a glass, and some cap bordering, which Mrs. Burton claimed—the male prison said he had given 5d. for the glass, that the towel was their own, and the cap bordering his wife had had some time.
Prisoner W. E. Harper. How do yon know my house is a brothel? Witness. Because I know there are girls who come out of vinegar-lane, lodging on the same floor, if not in the same room—the ground floor where he lives is a brothel—I know Mr. Broderip's hand-writing—this is it—the prisoners made a statement, which he signed—(read)—the personer William says, "My wife bought that gown and petticoat, but she did not buy the handkerchief at that time, for this lady (pointing to Mrs. Burton) when my wife was searched, did not exactly know the colour of the hand kerchief; she told the lady who searched her it was a yellow one; the towel and handkerchief she has had some time, and are her own making the gin glass I bought myself for 3d., at the top of the commercial-road, out of the portion I allow myself after giving my wife my wages; when she took the glass off the mantel-piece she said it was here, and when
at the station-house she could not rightly say it was hers." The prisoner Helen says, "Last Monday week a young woman came to me and said she was going down Petticoat. lane; it was about three o'clock in the afternoon; I went with her down Petticoat-lane, and bought the frock and petticoat now produced, and a pair of shoes at the same time, of a Jew, who had them slung over his arm; the towel I have had some months,—it is my own making; the handkerchief I bought, when new it was a blue; the gin glass as my husband told me he bought himself, and brought it home, two or three months ago; the cap border is my own, I have had it two years by me; she did not say she had lost a petticoat till I said I had bought said one with the frock; I directly showed her the petticoat, and she directly said it was hers; a young woman was with me when I bought it."
Ellen Harper's Defence. I bought these things of a Jew in petticoat-lane, last Monday month—the handkerchief was blue but washed white—I have had the gown two years—the prosecutrix did not say she bad lost a petticoat, until I said I had bought one with the gown—I was married in Birmingham.
AMELIA CALVBRT . I live at No. 10, Star-place, Commercial-road, which is not far from Albion-place. About five weeks ago I went with Mrs. Harper to Petticoat-lane, to buy a frock and petticoat—a Jew had them over his arm, and she purchased them from him—I think it was about three o'clock—the handkerchief she has had some time—I cannot exactly say how long, but six or seven months—I have seen it on her—it may be more than four or five months ago, or it may be less—I cannot say whether I saw it in January or February, it was somewhere there about
William Edward Harper. She bought it is March.
ELIZABETH ATKINS . About four or five months ago, Helen Harper took home some work with me to Mr. Moses's, in the Minories, and in coming back we bought some toweling at a shop in the Minones, opposite Butcher-row—I mended my husband's smock with part, and here is all I have remaining of it—if you compare it with the towel the prosecutrix swears to, you will see that it matches it—I can take my oath the towel and this piece was bought at the same time—it is the prisoner's towel, she used to put it on the table when they had their meals.
MRS. BURTON re-examined. I know the towel by my own needlework on it—this piece of stuff produced by Atkins is not the same sort as the towel—I am positive all the things are mine.
WILLIAM JAMES ADAMS re-examined. I went to the prosecutrix's house and found it had been broken open and robbed—I examined the boxes and they were robbed—she described the nature of the property More I found it, and the property I found corresponded exactly with what she said she had lost.
WILLIAM CALVERT . I am the female prisoner's father, and live in Wood's-buildings, Whitechapel-road—she has been living with her husband in Albion-street, Commercial-road, for nearly twelve months—I have seen her now and then, but not often—she always went by the name of Harper to the best of my knowledge—I do not know whether she is married—I never asked her that question—she has never left London to my knowledge—sometimes I have seen her once a month, or once in two or wee weeks—she lived in very respectable situations before she was married—I do not know where she was married.
Helen Harper. I had a piece of work with my father, and did not speak to him for twelve months; I was out of London, but my father did not know it.
W. E. HARPER†— GUILTY . Aged 21.— Transported for Seven Years.
H. HARPER— NOT GUILTY .
JOHN GLOVER WELCH . I am travelers to Joseph and James Atkins, tobacconists, No. 62, Shoreditch. The prisoner was errand-boy—on Saturday, the 12th of March, I gave him two pounds of tobacco, with instructions to proceed to Greenwich, to a place which he said he could not find the day before—he was brought back by the witness Flack's father, with two parcels of tobacco in his bag, which he ought to have delivered three or four days previous—these seven dozen of cigars were produced by Flack—I have every reason to suppose they are my masters'—we have missed such—he had no authority to take them—I gave him in charge, and as we were going to the station I asked the boy Flack, "How many cigars have you had from this boy of ours"—he said, "Not more than half a dozen"—the father said, "Why, he gave you a bundle yesterday," and he made him fetch them.
Cross-examined by MR. PAYNE. Q. What did the boy say? A. that the prisoner had given him the bundle of cigars the day before—and he fetched them—I cannot swear to the cigars—I never saw them in the prisoner's possession—I cannot swear that we have lost such.
JOHN PARTON FLACK . I live with my father, in Paul-street, Finsbury. I know the prisoner—he brought me this bundle of cigars one Friday morning, about seven o'clock, as I was opening my father's shop—I do not know how he came to bring them—I did not ask him to do so—I had smoked three cigars which he had given me before—as I was opening the shop, he came up to the door, gave them to me, and said, "Will you mind these for me? I am going to leave on Saturday night," and I took them.
Cross-examined. Q. What did you do with them? A. I minded them till next day—I did not smoke any of them—I took them to a chandler's shop, because I would not have them in the house—I thought something was wrong, and I put them there directly—the prisoner was afterwards taken, and I gave them up—I went with my father to Worship-street, and saw Mr. Welch—he asked me how many I had—I said half a dozen, and I had a bundle which he had given me on Friday, which was in Felstead-street—I was at home and at work when my father stopped the prisoner, and came and fetched me—my father is an ivory-instrument market—I am in the trade, and work for him—the prisoner asked me if I could make him two or three ivory tops, and I said, "Yes," and I made him some—I had known him about four weeks.
WILLIAM BROOM CROSS . I am a policeman. I know Mr. Broughton the Magistrate's handwriting—I heard the prisoner make a statement, and saw Mr. Broughton sign it—this is his signature—I heard it read over—(read)—"The prisoner says, 'Flack used to come to my master's shop, and persuade me to take the things; he used to wait outside the shop, and I used to give them to him; I gave him a good many cigars; on Friday
morning Flock came to ray masters' shop, and I gave him a bundle of cigars, in the presence of the other boy, which I took from my master," (The prisoner received a good character, and a witness engaged to employ him.)
GUILTY. Aged 16.—Strongly recommended to mercy, — Confined Eight Days.
DANIEL CULLIMORE . I live in Upper North-place, Gray's Inn-road. On the 19th of March I lost a chair, which was safe in my shop at twenty minutes after five o'clock in the afternoon—I did not miss it till it was brought to me—this now produced is it.
Prisoner. I met a person in the street, who asked me to take the chair to paws, which I did. Witness. She told me that her husband, who was a cabinet-maker, had sent her to pledge it
GUILTY . Aged 27.— Confined Three Months.
1271. RICHARD ISAAC WRIGHT was indicted for stealing, on the lst of March, 1 scarf, value 11s.; 1 jacket, value 6s.; 1 pair of trowsers, value 4s.; 1 set of bed furniture, value 5s.; 1 printed book, value 6d.; and 2 brushes, value 9d., the goods of Mary Goode, her mistress; to which she pleaded
GUILTY. Aged 17.—The prisoner received a good character, and was recommended to mercy by the prosecutrix. — Confined Six Months.
1272. JOSEPH FLINT was indicted for stealing, on the 12th of March, 1 bed, value 2l,; 1 sheet, value 2s.; 2 pillows, value 5s.; 1 counterpane, value 3s.; 1 quilt, value 1s.; 3 blankets, value 15s.; 1 night-gown, value 1s.; and 2 pillow-cases, value 1s.; the goods of Thomas Manning; and that he had been before convicted of felony.
THOMAS MANNING . I am a green-grocer, and live in Little Chapel-street, Westminster. On the morning of the 12th of March I was moving there from Peter-street, and carried a bundle with me, containing the articles stated—I placed them in the shop in Chapel-street, between seven and eight o'clock, locked the door, put the key into my pocket, and went back to Peter-street—I returned before eight—the door was then on the jar, and the bed and other things gone—they are all here now, except the two pillows—they are mine.
RICHARD PEARMAN . I am a policeman. In consequence of information, about eight o'clock, the same day, I went to No. 2, Norman-street, and took the prisoner there—he came to the door, unlocked it, and I went in—I said nothing to him, or he to me—Shaw did.
EDWARD SHAW . I am a policeman. I went with Pearman—the door was opened by the prisoner—I asked if he had not brought a bed in—he said, "No"—I said, "I think you have"—he said, "No"—Pearman went up stairs and found the bed—I asked the prisoner where he got it from—"Close by"—on searching the house, I found all the other articles I produce,
and seven keys, five of which are skeletons, and one opens the prosecutor's door.
Prisoner's Defence. The keys were in the place when I went there; I gave a sovereign for the bed; while I was in custody the landlady took a false key, and opened my room.
GUILTY . Aged 27.— Transported for Fourteen Years.
1273. WILLIAM BREEN was indicted for stealing, on the 21st. of March, 1 bolster, value 4s. 6d.; and 1 candlestick, value 6d.; the goods of John Reilly: —also, on the 17th of March, 1 blanket, value 6s., the goods of John Reilly; to both of which he pleaded
GUILTY . Aged 37.— Confined Four Months.
GUILTY . Aged 14.— Confined Three Months.
GUILTY . Aged 13.— Transported for Seven Years-Convict Ship.
LEWIS pleaded GUILTY . Aged 18.
COATES pleaded GUILTY . Aged 22.
✗ Confined Two Months.
GUILTY .—Aged 34.— Confined Three Months.
GUILTY. Aged 15.—Recommended to mercy. — Confined One Month.
THOMAS REYNOLDS . I am shopman to William Wilmot. On the 18th of March, about six o'clock in the evening, I placed two cheeses on the window-board—I had occasion to go round to the warehouse, and when I returned one cheese was gone, the prisoner was standing in the shop talking to Mr. Wilmot, and the cheese was on the counter.
Prisoner. Q. Have you any mark on the cheese? A. Yes—R 2, and the 2 is partly rubbed out, by which I know it.
THOMAS MELLISH . I was passing along the Curtain-road, on the 18th of March, about half-past six o'clock in the evening, and saw the prisoner lift a cheese from off another cheese, which was on the board outside the prosecutor's shop window—he put it on his arm and walked off towards
me-as he passed me, he said, "Don't say a word, old gentleman"—I went to the shop-door and told the prosecutor—the prisoner was followed, but was not taken in ray presence.
Prisoner. Q. What distance was I from you when you say I took it? A. About six yards, not more—I am sure it was you.
ROBERT DEAN . I was passing by the prosecutor's shop, and heard a cry of "Stop thief"—I turned round and saw a person with a white apron on, running—I cannot swear to the prisoner—he threw down the cheese, which I picked up, and took back to the shop.
GEORGE SHERIFF . I am a policeman. I saw the prisoner running from Wood's-buildings, across New Inn-yard—just as he came to Bateman's-row, I overtook him—he had this white apron on, which he was in the act of giving to another person, next morning.
Prisoner's Defence. I was never in the Curtain-road till I was brought back by the policeman; the policeman says he overtook me, but he did I not.
GUILTY . Aged 17.— Confined Three Months.
WILLIAM WALLIKER . I am a gardener at the Rectory, Parson's-green, the prisoner lodged with me. On the 7th of March I left my lodging at six o'clock in the morning, leaving the prisoner there, and a blue cloth pilot coat hanging on a chair—on my return it was gone—I have not teen seen it since—it had a velvet collar and black figured buttons.
JANE MARY BONSIEUB . I live at this house. The prisoner came there on the 7th of March, about twenty-five minutes "after nine o'clock, and went out again—about twenty minutes or half-past ten I went to the prosecutor's room, and the coat was gone—I never saw the prisoner with a coat of that sort.
Prisoner. This witness used to go into the room to make the beds, and when I came home after breakfast, the bed was made, so somebody must have been into the room; and before the Magistrate, she said no one had been in till after I went out. Witness. I was not in the room that day till after he went out—nor had any one been there—no one had been into the house but one young woman, and I am sure she never went into the room, for she walked down stairs with me.
JANE PERRY . I keep a stall. On the 7th of March, between ten and eleven o'clock, the prisoner passed me in Little Chelsea—I knew him before—he had on a blue pilot coat, with black figured buttons, and a velvet collar—I had never seen him in such a coat before.
Prisoner. I have heard that she is near-sighted. Witness. I am not; my eyes are rather weak, but I swear I distinctly saw you with such a coat on.
Prisoner's Defence. I got up about nine o'clock, went out to breakfast, and came back again; Walliker was at home at breakfast; I went up stairs, came down, and he was gone; I then went out; Miss Bonsieur said once that she saw me take a bundle out, and afterwards she denied it; I came home to dinner, and stood talking to a policeman; I was quite surprised at being taken into custody; I never took the coat; I had seen it a few days before.
GUILTY . Aged 26.— Confined Three Months.
ANDREW MYERS . I live in Dorrington-street, Clerkenwell. About three o'clock, on the 23rd of March, I was opposite my shop, and saw the prisoner kneeling down by my shop window, reaching into the shop—he took something down, and concealed it under his coat—I followed, and called "Stop thief"—he ran—I saw him drop the telescope—I picked part of it up, and a boy picked up the remainder—this now produced is it, and here is the string it hung by.
Prisoner's Defence. I never had the telescope; I was walking along the gentleman collared me, and said, "Where are you running to?" I said, "Up here."
GUILTY . Aged 17.— Confined Three Months.
CHARLES BERRALL . I am an apprentice to Mr. John Dent. On Wednesday afternoon, the 30th of March, I saw the prisoner put a parcel into his pocket—I told Mr. Brickell, the clerk of it, about five minutes afterwards.
GEORGE BRICKELL . I am shopman to Mr. Dent; the prisoner was also shopman there. In consequence of what Berrall told me, I called the prisoner into the counting-house, and asked what he had in the parcel which he had taken out with him when I had let him go out for five minutes—he said he had no parcel—I said, "I am certain yon had"—he denied it several times—I said I should send for a policeman—be again said he had not—I said very well, I would call Mr. Dent.
Cross-examined by MR. PHILLIPS. Q. Did not you then say, "you had better tell me, no one but you and me knows of it, it shall be up?" A. That was afterwards.
COURT. Q. Did you ultimately go to a house with aim? A. No. 29, York-street, where he lodges—he there gave me up two shawls, the property of Mr. Dent—I had told him it should be hushed up, before we went to the house—when we came out I gave him into custody. GUILTY. Aged 25.— Confined One Month.
1283. ANN ALDY was indicted for stealing, on the 31st of March, I table-cloth, valued.; 2 towels, value 1s,; 1 scarf, value 3d,; I handkerchief, value 2d.; 1 pair of stockings, value 3d.; 1 pocket, value 3d.; and 5 sheets of paper, value 1d,; the goods of Henry Walker, clerk, her master.
MAET HART . I am cook and housekeeper to the Rev. Henry walker, of Fitzroyosquare—the prisoner was housemaid. She was going to leave on the 31st of March, and her mistress wished to have her boxes searched-they were corded and ready to be taken away—they were searched in my presence, and a table-cloth, two towels, a scarf, a handkerchief a Pocket, and five sheets of paper found in them—they are Mr. Walker's property—his name is on some of them.
Cross-examined by MR. PHILLIPS. Q. Do you know whether she had got her wages? A. I do not—I dare say she had not—Mr. walker is a
clergyman—he has seven daughters—the prisoner said before the Magistrate that the scarf and stockings were given her by the young ladies—my Blaster would not let the young ladies come here—I can swear these are the young ladies' things, but how the prisoner came by them I do not know—they did not pin the petticoat round her which she had.
JOHN MILLS . I am a policeman. I saw the prisoner searched—there was a flannel-petticoat tied round her, not in the common way, but pinned. round her—it is not here—it is not included in the indictment—Mr. Walker's name is on this table-cloth.
NOT GUILTY .
JOHN COOK . I live in Weston-place, Richmond-street, Marylebone. I have been working at Mr. Wyatt's building at Paddington—the prisoner came there to work on Thursday, the 29th of March—I left my shovel behind me on the Thursday, and went for it on Sunday—the place was locked up then—I went again on Tuesday, and it was gone—this now produced is it.
Prisoner's Defence. He left the shovel in my care. I had it till Tuesday, and then pawned it that it might be safe; when he came to me I told him I would get him the money for it. There were three of us at work, and we pawned it to get a pot of beer. I had not the least thought of stealing it. I meant to get it out at night.
JOHN COOK re-examined. I went to him and asked about the shovel—he said it was gone—I do not believe he intended to steal it—I think be was led into it by another party, for I saw a man last night who told me that he gave the prisoner the shovel to pledge.
NOT GUILTY .
1285. WILLIAM GARDINER was indicted for stealing, on the 24th of March, at St. Marylebone, 3 coats, value 7l.; 1 pair of trowsers, value 15s.; 1 waistcoat, value 10s.; and 6 capes, value 20s.; the goods of John Deans Campbell, in his dwelling-house.
MARION DEANS . I am nurse and housekeeper to Mr. John Deans Campbell, of No. 2, Montague-square, in the parish of St. Marylebone. On the 24th of March, about half-past two o'clock, I went home, and on going down the area I saw the prisoner looking out of a vault by the dust-hole—I pushed open the door and asked what he wanted there—he said was selling papers, and doing something for himself—he was going to push past me—I caught hold of his coat, and said he should not go till a policeman came—I called the butler, who held him—a policeman came, took him into the dust-hole, and these clothes were all strewed about there—they had been in a cupboard in the housekeeper's room, and must have they taken from there—two of the coats were worn by the coachman—they are all Mr. Campbell's property.
Cross-examined by MR. BALLANTINE. Q. You have not told us half that took place? A. To the best of my knowledge I have—I first of all saw the prisoner come out of one of the vaults, when I was looking down the area—he went towards the area door—the front door was open—the
butler had opened it to let me in—I went in, and went to the top of the, kitchen stairs to call the cook—I did not go in through the area-gate and do not know whether it was open or not—I did not say any thing to the butler, but called the cook—she came up to me—I spoke to her and then ran down stairs into the area—the prisoner was then looking out of the dust-hole vault, with the door partly open—the clothes were not all in one place, but strewed about the dust-hole—there are packing-boxes in the vault, on the top of each other—things are not taken there to be brushed—the coachman brushes his own clothes—they were all livery clothes.
COURT. Q. Was there any coachman at that time? A. No there were clothes used by the coachman when there was one.
GEORGE WYATT . I am butler and footman to Mr. Campbell. I opened the door to Deans that day, and waited with the door open, in consequence of her having one of the young gentlemen with her—he remained on the steps—she asked for the cook, and went below—I soon after heard her a the area calling to me—I went to the front of the area-gate, and saw her holding the prisoner behind—she said, "Collar him"—I went down, seized him, and asked what business he had there—he said he had come down to sell tracts, and pulled some papers from his pocket—I asked what he did in the dust-hole—he said he went there to do something for himself—I held him till the policeman came—I did not go into the dust-hole—I had seen the clothes in the cupboard in the housekeeper's room two boon before, when I went to get the clothes-brush to brush my own clothes—I took the brush from off the livery.
Cross-examined. Q. Are you in the habit of going to that cupboard? A. Frequently for little things which I keep there—I am sure I noticed the livery there that day—other articles are kept in the cupboard, but no other clothes—the livery was folded up on the centre shelf, and I took the clothes brush from that shelf—the cupboard is left open—the servants have access to it—a coachman is only occasionally required, and he then wears the livery—I cannot tell when he was last there—we do not have a regular man, but any one the livery-stable keeper sends.
GUILTY* of Stealing only. Aged 20.— Transported for Seven Years.
DAVID BARNETT . I am a clothier, and live in High-street, Shadwell When I came home on the 24th of March, I received information, looked and missed a pair of trowsers—I went after the prisoner and found him, but the trowsers have not been found.
SARAH ANDERSON . I live with my brother, David Barnett. On Thursday afternoon, the 24th of March, I was in the parlour at the back of the shop, and saw the prisoner come into the shop, lean over a pile of goods, take a pair of trowsers off the shelf, put them under his jacket and run away—before I could get out he was out of sight—I am sure he is the man I saw take the trowsers—I had seen him before—I described him to my sister, and she described him to my brother.
Prisoners Defence. I went in about three o'clock to ask Mrs. Barnett if she had a ship for me; she said no she should have one to-morrow, and I went out of the house before her face, whilst she stood at the door; I
nerer touched any thing, and never went near the shop afterwards; in about ten minutes Mr. Barnett came and said I was his prisoner, for taking a pair of trowsers.
GUILTY . Aged 28.— Confined Three Months.
WILLIAM SPARKS . I am a baker, and live in Colonnade-street, St. Pancras—the prisoner was in my service—if he received on the 11th of March 12s. from Mrs. Anstey, he has never paid me—it was his duty to do so.
Cross-examined by MR. PHILLIPS. Q. How long was he in your service? A. Six months this last time—he was in my service about seventeen years ago—he has not got any customers for me that I know of—I believe he has got his brother, but no more—he could not have done so without my being aware of it—he never paid me by instalments when he was back in his accounts—he once lost 1l. 7s. 11d., and was brought borne tipsy—he paid me that by instalments, 5s. a week, as he could—he paid it all up—it was after he was discharged that I found this out—I discharged him on the 19th of March, for being a little behind his time—my wife assisted in the shop—she is not here—I saw the prisoner on one occasion after I discharged him—I never spoke to him about this.
Cross-examined. Q. Did he give you a receipt? A. Yes, I have it here.
(The prisoner received an excellent character.)
NOT GUILTY .
HARRIET JANE CALLOW . I am the wife of James Callow, and live in Philip-street, Kingsland-road. Judd hired a room of me for herself and her husband—Middleton is Judd's sister, and used to visit her, and sleep there—On the 28th of March, about eight o'clock in the evening, I saw Middleton go out—I spoke to her as she passed me—about half-an-hour after, Judd went out—she asked me if I would keep her fire in for her, that she expected her husband home to supper at nine o'clock—when I went up there was scarcely any fire in the grate, and I missed three flat-irons, a bolster, and two sheets from the bed—we afterwards met her husband in Islington, at eleven o'clock, not in his way home—we asked him to come home, which he did—I had seen the sheets on the Saturday before—these now produced are them, and have our name on them, which I wrote myself.
WILLIAM SMITH . I am a pawnbroker. I took these sheets in pledge from Middleton, on Monday evening, the 28th of March, a little before nine o'clock—she was alone—I asked if they belonged to a ready-furnished lodging, or whether they were her property—she said she wondered I should ask her such a question, she never had a ready-furnished lodging in her life.
we had no proof of felony against her at that time—she had pledged the sheets in her own name—Judd was detained.
MIDDLETON— GUILTY . Aged 24.
JUDD— GUILTY . Aged 18.
Confined Three Months.
GEORGE POOR . I live with my father, at No. 2, Union-buildings, Hackney-road—the prisoner was in the habit of coming there. On the 19th of March, I left my watch on the mantel-piece, and when I came home from work it was gone—this now produced is it.
JOHN POOR . The prisoner gave herself up to me, and told me she certainly did let herself into the house, and took the watch off the nail as it hung over the mantel, that she went to Billingsgate, threw the seals into the Thames, and from there went and pledged it for 4s., at the second pawnbroker's in Sun-street—Mr. Luffs is the third pawnbroker's in Sun-street—I had charged her with it.
Prisoner. He said if I told the truth he would not be bard with me.
Witness. I did not.
GUILTY .* Aged 18.— Confined One Year.
Sixth Jury, before Edward Bullock, Esq.
GUILTY . Aged 19.— Confined Three Months.
1291. MARY ANN RIXON was indicted for stealing, on the 21st of March, 1 coat, value 10s.; 2 waistcoats, value 1l. 10s.; and 1 handkerchief, value 3s.; the goods of George Dixon Hayward; to which he pleaded
GUILTY. Aged 16.(The prisoner received a good character, and was recommended to mercy.)
Confined Fourteen Days.
THOMAS LEWIS . I am a surgeon, and live in Robert's-terrace, Commercial-road. On the 31st of March, I was looking out of my shop window, which is nearly opposite Mr. Fenn's, and saw the prisoner watching at the corner, by Mr. Fenn's shop door, while another mounted the cill of the private door, and took a ham from off a hook outside the house he put it under his arm, and walked on about ten yards with it—the prisoner then joined him, and they went on together—one of them, I rather think the prisoner, took a handkerchief out of his pocket to cover it—they were both together, and I am not certain which it was.
In consequence of information, I examined and missed a ham, which had hung on a hook at the corner of the window—I went in pursuit, and saw the prisoner with it under his arm, and another person walking about half-a-yard behind him—the prisoner turned, and saw me running after him—he dropped the ham, and ran away—I picked it up, and ran after him, calling, "Stop thief"—I did not Jose sight of him—I saw him caught, and gave him in charge—he said nothing.
(The prisoner received a good character.) GUILTY. Aged 21.—Recommended to mercy. — Confined Three Months.
MR. CLARKSON conducted the Prosecution.
SARAH WOLFF . I am the wife of Edward Parker Wolff, and live at No. 3, Guildford-place, Clerkenwell; he is principal clerk to Mr. Flower, the attorney, in Hatton-garden. The prisoner was in our service about a month—I had a character with her—in consequence of suspicion I examined her box on the 25th of March—it was in the back-kitchen, unlocked—she was not present—I found in it a yard of paramatta, which is a woollen cloth, and is used to make ladies' dresses—it is my property—I have compared it with the piece from which it was taken, and it corresponds—I bare it here—when my husband came home I mentioned it to him, and he told her that he suspected she was a thief—she said it was a lie—he said how could she account for the yard of paramatta found in her box—she said it was a lie, that she had bought it at Manchester House for half-a-crown, and if I took it she should consider that I had stolen it—she was to leave that evening.
Cross-examined by MR. HORRT. Q. She said she had bought it for a bonnet, did she not? A. Yes—I thought that a very absurd way of accounting for it—paramatta is not generally used for bonnets—it might be used for one if they chose.
MR. CLARKSON. Q. Would it make a pretty mourning bonnet if covered over a shape? A. Yes, it would for her—we had no other servant.
BENJAMIN PHILLIPS (police-constable G 58.) The prisoner was given into my custody between three and four o'clock on Friday afternoon, the 25th of March, at Mr. Wolff's house—I told her to come up stairs—she refused—I said, "It is a bad job"—she said, "It is"—I asked her how she came by this piece of cloth—she said she had purchased it—as I was taking her to the station she said her mistress had no business to search her box without her leave—I said, "I believe your mistress expects to find something else there"—she said, "I am certain she will find nothing else there, for that is the only thing I ever took"—she said, "Do you think I shall be transported or go to the House of Correction?"—I said, "That is a question I cannot answer."
Cross-examined. Q. Did her behaviour strike you as being rather curious? A. She seemed very much hurt when given into custody, and
cried very much—I did not observe any thing particular about her at the station—she made no request of me.
MR. CLARKSON. Q. Was there any thing about her to lead you to suppose that she was not perfectly rational and self-possessed? A. Not in the least.
MR. HORRY called the following witnesses. JANE HILARY. I am the wife of a book-binder, and live in the same house as the prisoner's mother—I have had opportunities of observing the prisoner from time to time—I remember, on one occasion, her mother coming down to me, and requesting me to go up stairs to her daughter—I went up with her, and saw the prisoner tying up in a parcel two old gallipots, an old counterpane, a broken pair of snuffers, two tea-spoons, and an old table-spoon—she said she intended going into business for herself—I said, "What do you think of doing?"—she said, "Mother has got half-a-sovereign, and if she will give me that I shall never want money any more; I think of purchasing a milk-can, and setting up in the milk business, and selling lucifer matches and milk"—I said I thought that was a very trifling sum to set up in business with—she said she knew it would do very well, and if I would lend her 3d. she could get a dozen boxes of lucifers, and set up in business—she was crying bitterly at the time—I have seen her at many other times, and her behaviour was very strange indeed—on one occasion she said, if her mother would not let her have the half-sovereign, she would do something else—I asked what—she left the room, came up again in a few minutes with something screwed up in a paper, which she put into her mouth—I said, "What is that, Eleanor?"—she said, "Nothing but needles"—I said, "I don't think they are needles"—she said, "They are"—I requested her to tell me what it was—she persisted in it that they were needles—she was crying bitterly—she said, "I have got something here that will do for all; I am quite tired of my life; I can keep no situation"—I said, "Why?"—she said, "They find fault with me"—I said, "On what occasion?"—she said, "I don't know; some call me forgetful, and some call me stupid; I am determined to make an end of myself; I can do no good at all"—she told me she had got arsenic—I asked what she intended to do with it—she said, "To take it"—she then took some poison, as she supposed, out of her bosom—she told me she had been to a doctor's shop in Liquorpond-street and got it—it turned out to be a Seidlitz powder—she did not know but that it was poison at that time—I know that the mole of her head is perfectly open—I saw her at the time of her going into Mr. Wolff's service, and have seen her from time to time since—I consider she is rather flighty at times—I have conversed with her, and she is perfectly forgetful—she has been better for a few months, and then bad again.
MR. CLARKSON. Q. How long has she been away from her mother? A. I think about five weeks—that is since she has been at Mrs. Wolff's—she has lived at several other places—I cannot say how many, but a great many—her mother does not leave her to go about as she likes when she is at home; she keeps her under her own control—she did not allow her to go into the streets, but kept her at home as much as possible till she could get a place for her—I do not know any of the person she lived with—I am not much acquainted with her—she came to her mother's the evening she left Mrs. Wolff's, with a small box in her hand—I met her on the stairs—I suppose it was a work-box—it was a small box, about a
foot square—I did not see the inside of it—it was about the size of a work. box—it was covered with dark stained paper, like a bonnet-box, but a different shape—it was the shape of a trunk.
— MORRIS. I am the prisoner's mother. I remember going down to fetch Mrs. Hilary up to my daughter—she wanted to go into the milk line and I did not wish it—her behaviour struck me as very strange—it was in consequence of her behaviour that I fetched Mrs. Hilary—I lived on very comfortable terms with my daughter—we never quarrelled—I was the most tender of mothers—the policeman says that I have turned her out of doors, which is very wrong—she was once brought home from the station, where she gave herself up, and a policeman came with her—that is the policeman—(pointing to the witness Phillips.)
B. PHILLIPS re-examined. No, it was not me—I never saw her in my life before.
MRS. MORRIS continued. It was him—he brought her home about two o'clock in the morning—I had not refused to allow her a bed on that occasion, or any thing of the sort—she is not altogether right, from a fall she received.
GEORGE WRIGHT . I am a master nightman, and live at No. 34, James's-place, Commercial-road. I have known the prisoner fourteen years, and she always bore an upright character, as far as I know—mine was the first place she went to—I never, noticed any thing particular in her behaviour—she used to be giddy and flighty occasionally—I parted with her because she let the fire out one night when I was out.
MR. CLARKSON. Q. How long did she live with you? A. Three years.
GUILTY . Aged 18.— Confined Three Months.
PETER BAKER . I live in Paradise-place, Westminster. On Tuesday, the 8th of March, I had two tame rabbits in separate hutches in my back-yard—one was black and white, and the other grey and white—I had had one about twenty months, and the other about ten months—I have seen one since in possession of a man in Hungerford-market.
Cross-examined by MR. PAYNE. Q. Were they the only two you had? A. Yes, they were worth 10s.—I am quite sure the one I saw in Hungerford-market was mine—I was in the habit of feeding them every day.
WILLIAM DOWNEY . I live in Lewisham-street, Westminster, and am in the employ of Mr. Reeve, a live stock dealer—he has a place in Hungerford-market—on Tuesday, the 8th of March, I saw the prisoner there with another boy a little bigger than himself—the other boy had a basket with two rabbits in it—the other said he was offered 5s. at the next place, but he would not take it—the prisoner asked me whether master would buy them, whether he wanted rabbits—I said I would go and see—I brought my master up—the prisoner asked 5s. for them—master said he would give 4s. 6d.—they went away, came back again, and took 4s. 6d.—master bought them—I kept them in the hutch till next morning, and then sold the grey and white doe for 5s.—the other one died, and I have got the skin I kept it till the prosecutor came, and said it was his—it was alive then. Cross-examined. Q. When did it die? A. It was not in my possession when it died—the policeman had it—Mr. Bates came and saw it on
Sunday morning—it was quite well then—the Magistrate said the Policeman was to mind it, and not me—my master keeps all sorts of live animals—I am quite sure the prisoner was one of the persons who came with these rabbits—I had seen him once before walking in Westminster with another one—a long time before—I had seen the other boy several times in Hungerford-market—my master is not here—he cannot swear to the boy—he had as good an opportunity of seeing him as I had.
Cross-examined. Q. How came it to die? A. From a cold—it was very poor when it came back from the policeman.
NOT GUILTY .
1295. LAWRENCE SCULLY was indicted for stealing, on the 26th of March, 14lbs. of copper, value 9s., the goods of William Ewing; and 1 jacket, value 4s., the goods of Alexander Smith, in a vessel in a port of entry and discharge.
GEORGE TROTTER . I am a constable in the London Docks. On Saturday, the 26th of March, I saw the prisoner coming past the London Docks with something behind him, which attracted my suspicion—I found this copper concealed under his waistcoat with a strap and buckle—I asked what he had there—he said, "Nothing"—I said, "You have"—I laid hold of his collar, felt his breast, and said, "Come here"—he resisted very much, and wanted to get away from me—with the assistance of a Thames police watchman I took him inside the gate again—the strap and buckle were outside his waistcoat, and under a jumper or short frock which sailors wear—the copper was under the strap—I asked if he had been to work—he said, 14 No"—I said, "How came you possessed of that copper?"—he said, "I picked it up on the jetty, this is the first time, you may as well let me go, I am an old custom-house officer"—I cannot call to mind any thing else that he said—I was examined before the Magistrate—what I said was taken down in writing—he had a jacket at well as the copper—it was thrown over his arm—I had no suspicion that was stolen—I said nothing to him about the jacket at that time, not till he had been to the station, and I had been to different shops making inquiries—I then asked him was that his jacket?—he made no answer at first, but after a time said, "No, it is not, I found it with the copper"—I afterwards went on board a vessel called the Marmion, in the Docks—I went down the hatchway there, and found copper there of the same description as this, with the same marks on it.
ARCHIBALD CAMPBELL . I am mate of the Marmion—the captain's name is William Ewing. The prisoner worked on the ship two days previous to this, but not the day the copper was lost—he had no business on board that day—he had nothing to do that day—we were loading in tiles of copper—this is a tile of copper, of the same description as those we had in the vessel, and it has the same marks—it was in the fore-hold.
Cross-examined by MR. MORRY. Q. Have you seen him working about the Docks? A. No, only on board our ship—I did not know him before.
WILLIAM MILLS . I live in Spread Eagle-court, Rotherhithe. I was employed on board the Marmion, in the London Docks—I saw the prisoner on board the day the copper was lost, when we were going ashore to get dinner, at very near ten minutes past one o'clock—I tallied the copper with what was on board, and they were just such pieces as this.
ALEXANDER SMITH . I am second mate of the Marmion. This jacket is mine—I had it on board the Marmion the day the copper was lost—I saw it safe on the windlass about eleven o'clock—I went to look for it as I was going to dinner, and missed it—I saw it again at the Dock watch-house.
Cross-examined. Q. Had the prisoner told you to put the jacket away, or you might lose it? A. Yes, on the day before, when he was On board the ship.
(The prisoner received a good character.)
GUILTY . Aged 31.— Confined Three Months.
RICHARD HARDING . I am a carman, living in Archer-street, Camden-town. On the 27th of March I had a bay gelding, which I turned out into some fields near Chalk-farm, very lightly fenced—I saw it safe on Sunday night, the 27th of March, at nearly nine o'clock in the evening—I went to look for it at five the next morning, and missed it—I never knew the horse to stray previous to that, but since this has happened I have heard be has been out frequently, and the labourers about there have put him in his place again—there were plenty of vacancies for him to get out of—there are very few rails—I had put him there—for about a fortnight or three weeks—I saw it again about twelve, or a little after, the same day I missed it, in the custody of a policeman, at Clerkenwell—it was worth between 3l. or 4l.—I do not know the prisoner—I know the York and Albany public-house—it is about a quarter of a mile from the field.
The prisoner brought me a bay gelding on Monday, the 28th of March—he told me he brought it to be slaughtered, from a gentleman named Rouse, a hay and straw dealer and farmer, between Hanwell and Southall—he asked me 2l. for it—I told him the horse would work, and it would not do for me to buy it without I knew who it belonged to—I went to Southall the same morning, to Mr. Rouse, who he said he had brought it from, and he bad not sent the horse, and knew nothing about it—when I came back I went t6 Clerkenwell police-station—the prosecutor was there, and the horse—I gave the prisoner into custody on suspicion.
JOHN VOLLER . I am a policeman. The prisoner was given into my custody, with the gelding, on the 28th of March—he said he had brought it from a person named Rouse, at Southall—he afterwards said he found it in Barnsbury-road, near Chalk-farm.
Prisoner's Defence. I was going past the York and Albany about four o'clock on Monday morning. A man came up the road with a horse; he called to me, and said, "Have you got anything to do?" I said "No;" he said, "I will give you 3s. if you will take this horse down to the horse-slaughterer's in Sharp's-alley. "I said very well, I would go with it; he said, "If you don't sell the horse, bring it back to me at the Jew's Harp; and if you sell it, meet me at the Jew's Harp, and I will pay you the 3s."
I took it to Mr. Achelor; he was not up; I waited till he was up. He asked whose horse it was. I said, "Mr. Rowster's, of Southall" He said he did not think it was right, he would not buy it. I took the horse and came away with him, and was coining up Cow-cross, to go to the public-house where I was to meet this man, when I was taken.
GUILTY. Aged 21.—Recommended to mercy by the Prosecutor. — Confined Twelve Months.
GUILTY. Aged 19.—Recommended to mercy. The prisoner received a good character.— Confined Three Months.
JOHN WATSON (police-constable G 25.) On the 31st of March I was in Jerusalem-passage, Clerkenwell, about four o'clock in the morning, and saw the prisoner pass—I followed him to Albemarlc-street—he had this bundle under his arm—I asked him what he had—he said it was his cloths—I examined, and then found it was candles—he then said he had bought them of Mr. Armstrong, of Gray's-inn-lane, and that Michael had served him with them about ten that night, before the shop was shut—he said be had come from there, and was going home—I took him into custody.
Cross-examined by MR. PAYNE. Q. What direction was he going in? A. Down Jerusalem-passage—I stopped him in Albemarle-street, going in the direction of Sutton-street.
WILLIAM GRAY . I am a policeman. I was on duty about far o'clock in the morning of the 31st of March—I saw the prisoner passing—I sent Watson after him—after he was stopped I asked him where he brought the candles from—he said he had got them at Mr. Armstrong's, he had just left work, and was going home with them—I asked him who gave them to him—he said, "Michael"—I asked if Mr. Armstrong was aware of it—he said he was not—I asked him if he had paid for them—he said no, he had not, he should pay for them when Mr. Armstrong settled with him, as he had done before; that Mr. Armstrong owed him some money—I took him and the candles to the station—I found two packets of candles wrapped up in his pockets, some in cloths, and some in paper—altogether there was about 131bs. weight of candles.
Cross-examined. Q. Did not he say he worked for his master, and be owed him money? A. Yes—candle-makers do work in the night—it was nothing unusual to find him out at four o'clock in the morning.
MICHAEL LUCAS . I am shopman to Robert Armstrong, a tallow-chandler, in Gray's-inn-lane. I saw the prisoner last at eleven o'clock at night, on the 30th of March, in the workshop—he was employed there as a candle-maker—I left him there at eleven—on the 31st some candles were brought by the policeman—I bad no dealings with the prisoner about any candles—he said nothing to me about any candles—he had had candles before—he always had them strung by pounds—they were either entered in the book, or paid for,' at the time he had them—no one was at work in the candle-warehouse but I and the prisoner.
Cross-examined. Q. You went to bed? A. Yes—I had been at work all the day—the prisoner keeps a shop—he generally had 61bs. at a time, and either paid for them or had them entered in the book—my master owed him money for what he had done—the prisoner's wife was not employed to sort cotton for the wicks of candles that I know of—she was not at our place—I cannot say whether she was employed to do it at home—the prisoner had been in the employ about eighteen months—he bad bought candles for his shop a good many times, and always paid for them or entered them in the book.
ROBERT ARMSTRONG . I am a candle-manufacturer, in Gray's-inn-lane. Lucas was ray shopman—the prisoner was in my service as a candle-maker—he keeps a chandler's shop, and deals in candles—he had been supplied by me with candles occasionally—when he has been supplied he has always come into the shop the same as another customer—I have seen the candles produced—I can only speak to them from their appearance—they are the same sort as mine—they are worth 6s.
Cross-examined. Q. I suppose you had a good character with him? A. I had him from a Mr. Ball, in Chancery-lane, a very respectable man, and I was satisfied with him at that time—he was nearly two years with me—his wife might have assisted him to sort wicks when he took them home—I know nothing about that.
(The prisoner received a good character.)
GUILTY . Aged 30.— Confined Six Months.
JOHN SCALDOCK . I am engineer at the works of the Gas-light and Coke Company. I have seen some pieces of quartering, which belonged to an old vat which held gas, but which was pulled down and in pieces—it was in some new houses which were building in Johnson-street, inside a fence on some premises belonging to the Gas Company—that fence was open to the public all day—I do not know the prisoner—this is the timber now produced.
CHARLES POTTER (police-constable K 212.) About eight o'clock on Thursday night, the 24th of March, I met the prisoner in Johnson-street, carrying this wood under his arm—I stopped him, and asked what he was doing—he said he was moving—I asked where from—he said, "No. 2, Johnson-street"—I asked him to go back with me to No. 2—he did so—the woman there said she knew nothing of him, but he had formerly lived there—when he turned out of the gate he said, "For God's sake, policeman, let me go; I have a wife and child at home, and no firing; poverty has brought me to it; I have taken it from the new buildings," pointing to them.
(The prisoner pleaded poverty.)
GUILTY. Aged 31.—Recommended to mercy by the Prosecutor. — Confined Three Months.
JOHN LASHMAR . I am manager to William Consit Wright, a coal-merchant, at Ratcliff-wharf, Ratcliff-cross—he has stables in Narrow-street, Ratcliff—I live in a house adjoining the stables. On Sunday morning, the 20th of March, I left home about ten o'clock—I shut my door when I went out by pulling it to—it shuts by a latch—I came home about eleven o'clock—I found a large box in my bed-room disarranged, but missed nothing at that time—in the morning when the servant came I missed some shoes, which I had left in my sitting-room when I went out in the morning—the prisoner was afterwards brought to me, between six and seven o'clock in the evening of the Wednesday following—I did not know him—I told him to take his shoes off—he did so, and I recognised them as being mine, and those I had missed—I said they were mine, and I should send for a policeman—he said he had purchased them in Whitechapel—I sent for a policeman, and gave him into custody—I also missed part of a loaf of bread.
Cross-examined by MR. PAYNE. Q. Do you mean you missed the half of a cottage loaf? A. Yes, on Monday morning—I had bad the shoes nine or ten months—I knew them directly I saw them on the prisoner's feet—I know them by their general appearance, and by their being recently soled—I am quite sure they are my shoes.
JAMES GIBBONS . I am a shoemaker, living in Oxford-street, Stepney, I repaired these shoes for the prosecutor—I put the binding on myself which is a thing usually done by a female, but being old and hard I did is myself.
JAMES DEEMER . I am in my father's service, in Hammer and Crown-court, Ratcliff. I know the prisoner—I saw him up in the loft of the prosecutor's house on Sunday afternoon, about half-past two o'clock, with his shoes off—he was eating a piece of bread—I asked what business he had there—he said that was his business—I asked him that because I knew that every thing had been locked up when my father went away.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Three Months.
CHARLES LAWRENCE . I keep a linen-draper's shop, in Norfolk-place Lower-road, Islington. On Saturday night, the 19th of March, I missed about twenty-two yards of printed cotton from about two feet within the door, where it was hanging up—this now produced is it—I had not seen it myself after nine o'clock.
MARY SEAL . I am the wife of William Seal, and live in Cross-street, Ball's-pond. On Saturday, the 19th of March, I was passing the prosecutor's door about eleven o'clock—I saw a sweep with Johnson—I cannot say "whether Hewinson was the sweep—they passed to and fro by Mr. Lawrence's shop—the sweep took this print, which was hanging up a little way within the door, and gave it to Johnson, who was by, and he ran away with it down Norfolk-street—Mrs. Carter spoke to the sweep, and he followed quickly after Johnson.
MARY CARTER . I am the wife of Henry Carter, and life in Cross-street, Ball's-pond. On Saturday night, the 19th of March, about eleven o'clock, I was in the street waiting for Seal—I passed Mr. Lawrence's shop—Seal came to me, and told me something—I afterwards saw Johnson and a sweep—I do not know the sweep—I cannot swear Hewinson was the boy—I said, "Oh, Mr. Johnson, the print"—he said, "What did you say?"—I said, "Nothing"—they both ran down Norfolk-street.
THOMAS TYLER . I am a policeman. I apprehended Hewinson on the 21st of March—I told him I wanted him on a charge of felony—I did not say what it was for till we got to the station—he did not say anything—he was in sweep's clothes.
GEORGE LICKFOLD . I live in Gray's-place, Lower-road, Islington. I know the prisoners by sight—Hewinson is a sweep—I saw them on Saturday night, about eleven o'clock—I saw the sweep take the print and give it to Johnson—I cannot swear that Hewinson was the sweep—I think it was him.
THOMAS TYLER re-examined. When Hewinson was before the Magistrate he had this cap on—Lickfold said he had a round cap on—the Magistrate ordered me to keep it in case he should disfigure it—the print has not been found—Johnson gave no address.
ALFRED LAWRENCE . I know both the prisoners—I saw them together four times on Saturday, walking past the prosecutor's shop—I saw them first about two o'clock, and then again about ten at night—I am sure about seeing Hewinson—he is a sweep—I was examined before the Magistrate.
Johnson's Defence. I was not near there at that time of night.
Hewinson's Defence. I was sitting by the fire with three fellow-servants; one of them came up and said, "Robert, Frederick is gone along with Johnson;" he came home about half-past eleven; I was in bed about half-past ten; on Sunday morning he said he was going to the play; he said he and Johnson had stolen a piece of print on Saturday night; while I was going to breakfast on Monday morning the policeman came and took me; in going down to look for the prosecutor, they met Johnson, and took us both in custody; they take me for my fellow-servant, Frederick Rowe.
JURY. Q. Have you another boy in your service? A. I had, but he has left me—he was with me at the time of the robbery—he was a little bigger than Hewinson—Hewinson was at home and in bed at nine o'clock on this night, when I went to pay the other boys' wages.
JOHNSON— GUILTY . Aged 19— Confined Four Months. HEWINSON— NOT GUILTY .
OLD COURT.—Saturday, April 9th, 1842.
Second Jury, before Edward Bullock, Esq.
1302. SAMUEL LAMPITT was indicted for forging and uttering, on the 10th of November, at St. Pancras, an acquittance and receipt for the sum of 2l. 14s., with intent to defraud Dame Elizabeth Mary Meux; to which he pleaded.
GUILTY. Aged 46.—Recommended to mercy. — Confined Two Years. (There was another indictment against the prisoner.)
CHARLES MARKS . I am a tailor, and live in Tottenham-court-road On the 23rd of March I saw the prisoner at the private entrance by the shop-door, taking a waistcoat which hung outside—she dropped it into her apron, and walked away with it through several streets to Falcon-bird court—there she saw me and ran away—a man who followed me stopped her and took it from her—this is the waistcoat—it has my private mark on it.
Prisoner. I did it through distress.
GUILTY .* Aged 25.— Confined Six Months.
1304. WILLIAM JAMES MEDDRICK was indicted for breaking and entering the dwelling-house of Sophia Tuffs, on the 26th of March, at St. Dunstan, Stehonheath, alias Stepney, and stealing therein, 100 cheroots, value 20s., the goods of the said Sophia Tuffs.
WILLIAM JOHNSON . I am a labourer in the London Docks, and live in Charles street, St. George's in the East. On Saturday, the 26th of March, I was passing Crombie-row, Commercial-road, and saw three boys and a girl looking into Tuffs' window, about a quarter-past three o'clock in the afternoon—the prisoner was one—I went down the Commercial-road and returned in about ten minutes, and still saw them at the window—the two boys and girl went across the road—the prisoner still remained at the window—I saw him put his hand through a pane of glass and take out as many cheroots as he could hold in his hand (the glass was perfectly sound when I first saw them—there was no hole in it)—he went across the road and gave the cheroots to one of the others, returned and took out as many more, crossed the road and gave them to the girl—there was then a cry made, and they parted—he went down Dean-street—a policeman followed with me and took him—I looked at the window, and found a square hole in it, large enough to get the cheroots out.
MARIA GREEN . I am single, and live with Sophia Tuffs, a widow, who keeps a tobacconist's shop in Crombie-row. On the 26th of March, about half-past nine o'clock, I saw some boys go from the window—I went to the door, and a little boy said, "They have been taking cigars"—I looked at the window and missed the cheroots—the window was perfectly safe about half-past nine in the morning—there was a crack, but it was quite secure—the alarm was given about a quarter after two—I then found the glass pushed in, and the boxes in disorder—the window was shut down—the cheroots were Mrs. Tuffs' property, and worth about 1l.
THOMAS RITCHIE . I am a policeman. On the 26th of March, about a quarter after two o'clock, I heard a cry, turned round and saw the boys running—I pursued, and took the prisoner in Cross-street—I told him I wanted him for stealing some cigars from the Commercial-road—he denied it—I found nothing on him—I smelt his hand—I cannot say it smelt of tobacco—he was walking when I took him.
Prisoner's Defence. I was walking towards Cable-street; the policeman came behind me and said, "Here, I want you;" I immediately stopped and spoke to him; he said, "You have been stealing cigars;" I said, "I know nothing about it."
GUILTY . Aged 17.— Confined Six Months.
Before Mr. Justice Coleridge.
MARY HURST . I am housemaid to Mrs. Wood, of Great Queen-street—she does not reside there all the year—she came to town three weeks ago last Wednesday—while she was out of town the prisoner has been in the habit of taking care of her house, at times for nearly two years—when Mrs. Wood comes to town the prisoner assists in the house and sleeps there—she is a widow and has two children, who also live at Mrs. Wood's—she sleeps with me—on the night of Easter Sunday, the 27th of March, we slept together—she awoke me between twelve and one, and wished me to go down stairs and warm her a little gruel, which I did—I then observed things lying on the kitchen floor which raised my suspicion (I am not married) there was some linen on the floor soiled with blood, and a pail put in the sink with linen soiled with blood in it—when I went up stairs I wished her to hare a medical attendant—I did not tell her what I had seen, I was so frightened—she said no—I then insisted on sending for her brother's wife, Mrs. Spencer, which I did—she came directly—I then left her, she looked very poorly and seemed low—I had slept with her from the Wednesday week before, and perceived that she was in the family way—we thought so—I communicated this to one of the young ladies and afterwards to Mrs. Wood, and between nine and ten Mr. M'Cann, the surgeon, was sent for—in the course of the day I had occasion to go to the dust-hole, which is under the steps leading from the dining-room to go out at the back door, and saw there what appeared to be a child—I did not handle it—I told one of the ladies of it—Mr. Joseph, mistress's son, saw it—I saw it again in the afternoon when the beadle came and took it away.
Cross-examined by MR. BALLANTINE. Q. The surgeon was sent for between nine and ten, what time did he come? A. Directly—I do not know when the child was born—I found the blood in the kitchen when I went down for the gruel—we both went to bed together between ten and eleven—I do not know whether she remained in bed, because I went to sleep—I do not t know of any preparation she made for the birth of the child—I know she has got a piece of flannel and two caps—I did not know other buying them—on the Saturday before the birth she said she should like to go out to make some purchases—Miss Wood came home when we did not expect, and that prevented her—she did not say she wished to purchase linen—the kitchen has a stone floor—the blood was on the carpet near the fire, which was alight—there is only a small piece of carpet by the fire,
COURT. Q. What other servants were there in the house? A. No other female servants, two men servants slept in the house—they had gone to bed before us—the prisoner and I went up to bed together—we went straight up from the kitchen—it was all clean then—I saw the caps and flannel since this—I had seen it in the kitchen drawer for ten days before—square of flannel—I saw the caps in the course of the week alter—I think I was shown them in the kitchen by the person who
attended on the prisoner—it was before she was removed out of the house—they were baby's caps—I do not know what the flannel was for.
NICHOLAS M'CANN . I am a surgeon. I was sent for on Easter Monday—I saw the prisoner in bed at the house—I did not examine to see if she had been delivered—I asked if she had been confined—she told me she had been confined of a child, or miscarried, I cannot exactly say which she said—I asked her of what period—she said of five months—I asked her the size of the child—she said it was not more than the size of a natural after-birth—I saw the child about nine the same evening at the work-house—I went there with Crow the beadle.
JAMES ASKEW . I am undertaker of St. Margaret's. I remember going to Mrs. Wood's house—I saw Hurst there—she showed me a child I put it into a shell, and took it to the workhouse—it was a girl, and had a string round its neck—it was not washed—Crow saw it in my presence, to the best of my recollection, but I am not positive—I put it in the dead-house about six o'clock on the evening of the 28th of February—I produced the same child at the Coroner's inquest—the cord was tied in a knot, and appeared to me to be tight.
Cross-examined. Q. You are able to say from your own observation that it was a female? A. Yes, I noticed that when Hurst showed it to me.
WILLIAM CROW . I saw the child in the dead-house on Easter Monday, as near as I can recollect about nine in the evening—it was a female—there was no other child there—it had a cord tied, I believe, twice round its neck—the cord was about twice the size of an ordinary packing string, it was a sort of sash string, about two lines wove—Mr. M'Cann came to me at the workhouse and saw it there.
Cross-examined. Q. Did he come with you? A. Yes—I did not go with him to the room where the child was—I never was there.
COURT. Q. Not into the dead-house? A. Yes, I went into that room and pointed the child out to him—I am sure the same child was produced before the coroner's jury the next day.
MR. M'CANN re-examined. I attended before the coroner—I examined the child's body—it had a cord round the throat—it was tight—I removed it—there was an indentation round the throat on the skin—it was a large full-grown child, and quite perfect—the cord was only tied once—I opened the body and found the viscera perfectly healthy—I took the lungs out and submitted them to the hydrostatic test—they floated in water, which was an indication of the child having breathed—I examined the head, and found the vessels of the brain, congested—the pia mater was considerably gorged with blood—death might have occurred from several causes, but, having seen the cord round the throat, I should imagine death was from strangulation—if I had not seen the cord round the throat I should have very great doubts whether it was not caused by whatever position the woman was in at the time the child was born—the extravasation might be caused by that, but seeing the cord, I say it was from strangulation—but still there are doubts.
Q. Were there marks on the head as if it had fallen on the floor? A. There was a kind of mark of discolouration, or a slight bruise on the head
—if there had been no cord, the bruise on the head would have been sufficient to explain the symptoms in the head—the lips were livid and the tongue swollen, which is evidence of death by strangulation or suffocation—a fall might partialy explain these symptoms—my opinion is that the child had lived—that it actually had life in the air, not merely foetal life—my opinion is on the presumptive evidence of the cord round its neck, that the suffocation was from that, but it is only presumptive having seen the cord—I cannot positively swear, but I should say certainly that death was caused by suffocation or strangulation—I do not exactly make a distinction between suffocation and strangulation, for instance, the child might have been smothered at the time—not exactly in the act of being born, or the lungs would not have the appearance they had—anything getting in the throat or pat into the mouth might produce congestion on the brain—I found nothing put in—I attribute the suffocation or strangulation to the cord—that is a doubtful opinion—it is possible the fall might have killed it, and the cord after death might have been placed round the throat.
Q. After a body is quite dead there will be no appearance of ecchymosis, will there? A. Yes there will, if very soon after, before the body is cold—the umbilical cord was still attached to the child, and the after-birth also—I saw the prisoner again the same evening, and again next morning—she asked if I had seen the child—I said yes—she asked if there was going to be a coroner's inquest on it—I said yes—she said, "What will my sentence be likely to be?"—I told her I could not tell, and that the inquest would be about three o'clock—I do not know whether it was before or after the inquest, but she told me she regretted that Mrs. Wood had returned to town, that she had a sovereign sent her to buy things for the child, but Mrs. Wood's returning prevented her going out for them, and the child would have been out to nurse—she said nothing about the birth of the child that I recollect—she was going on to say something more about Mrs. Wood's return, I told her she had better not say anything to me—I checked her in her conversation—on the day after the inquest she showed me two caps and a piece of flannel in her room.
Cross-examined. Q. When you speak of the child being born alive, do you mean it has actually been removed altogether from the person of the mother?
A. I do—the floating of the lungs is a certain indication of that—I mean to say, if the lungs will float in water, if we cannot compress the air out of them, that child must have been born fully—full respiration must have gone on.
Q. Is that an indication of any thing but the child having breathed at some time? A. It may be produced by putrefaction, but there was not time for that—if it breathes once fully, and the lungs become completely distended with air, it is just as much as if it had lived for hours—that could not take place thoroughly before the child is completely removed from the mother—there are instances of a child crying in the process of parturition, but it has been found, by experiment, if a child died before the parturition was complete, the inspiration—could not be so perfect as if it was entirely detached, not so freely.
Q. But would not, under those circumstances, the lungs float? A. They would—a person delivering herself would have considerable difficulties to contend with—the umbilical cord does not offer an impediment in the actual birth, unless it is twisted round the neck, or round any portion of the child.
Q. Would not its getting round any portion of the child, or round the
neck, cause the appearance of suffocation you found? A. It might—it was still attached in the usual way when I saw it—the mark of the cord round the neck was very slight.
Q. In strangulation by a cord there would be what you call congestion of blood? A. There would—there was sufficient mark on the neck to indicate that—it does not follow that there should be a considerable mark—I do not call it congestion at the neck, I said in the brain—there may be an effusion of blood, but in this case there was none, nor any extravasation—she would very likely deliver herself standing, but it is impossible to say—in natural delivery the head is downward.
COURT. Q. Another mode would be for the woman to be on he knees? A. Yes—there was no mark on the body as if the umbilical cord had been tied round it—the cord might have been put round the neck after death, for attaching a heavy weight to it to drown it—I did not see the dust-hole, but it has been described to me, and the cord might have been put round to give her power to throw it into the dust-hole, as I understand it was impossible for her to get to the dust-hole herself.
MARY HURST re-examined. I found the child under the steps, on a kind of ledge; not on the ground, but on a ledge, under the stone steps, about half a yard from the ground, and a considerable way from the door of the dust-hole, about two yards—if the door was open a person could not see it without looking in—I opened the door to throw the ashes in, and I looked in.
MR. BALLANTINE. Q. Did you say she could not easily get to the place where the child was found? A. I did not say so—I should say there would be a difficulty in her walking there—she could not reach there without going over the cinders.
(The prisoner received a good character.) GUILTY of Concealment. Aged 33.— Confined Eight Months.
1306. WILLIAM KEEP was indicted for stealing, on the 9th of February, at St. Marylebone, in the dwelling-house of Peter Robins, 2 coats value 5l; 1 waistcoat, value 10s; 1 pair of trowsers, value 15s.; 1 scarf✗, value 15s.; 1 hat, value 10s.; 3 shirts, value 6s.; 1 flannel shirt, value 2s.; 3 pairs of stockings, value 1s. 6d.; 1 seal, value 1s.; 2 knives, value 1s.; 1 sovereign, 1 half-sovereign, 4 half-crowns, and 10 shillings; the property of Edward Paris.
MR. DOANE conducted the Prosecution.
—MARY ROBINS . I am the wife of Peter Robins, a carpenter and joiner of No. 49, Molineaux-street, in the parish of St. Marylebone. A lodger named Paris, occupied our second-floor back-room—on the 8th of February, which was Shrove Tuesday, the prisoner came to the house, just after one o'clock in the day, and said he saw a bill in my window, and wanted lodgings—I said I had only half a bed—he said that would do for him, as he went out early, and did not want any thing in the day; that he went out at five o'clock in the morning to where he worked on the rail-road, and must be there before six, or he should lose a quarter of a day; that he was a coach-builder on the railway—he did not say what railway—I said I must see my other lodger before he came in—he said he would be in about ten o'clock in the evening—I said I should see Paris before that, which I did—the prisoner said his father was head clerk on the railway, and his name was Nodes; and that Nodes, in New Church-street, was his uncle; that he slept
last night at a public-house, and paid 1s.; that a very respectable gentleman came to bed about two o'clock in the morning, who was taken ill during the night, and he had a beautiful watch, and silver chain round his neck—be was quite surprised to see him come to a public-house to sleep—be told me he had joined the Teetotallers for the last three years, and was disgusted at drunken people; that the gentleman was drank—he did he found his health much better since he had left off drink; that he bad very respectable friends, and I need not be the least afraid of him—I believed his statement—he was to give me half-a-crown a week—I saw Paris, who came in the evening, and made a communication to him about it—the prisoner came about ten o'clock—Paris was then out—the prisoner asked if I bad been for his reference—I said, "No"—he had referred me to Nodes, of Church-street—he then said I need not be afraid—he brought nothing with him—I gave him a light, and he went up into the room occupied by Paris—our morning conversation had lasted about five minutes—he was at the street I door, and just looked at the room—he had a coat on, which I thought looked like a working man's coat, and corded trowsers—I saw the coat was a little out under the arm, worn—I saw his shirt through it, or something white—Paris came home about eleven o'clock—I got up a little before seven next morning, and found Paris and the prisoner gone—I looked at the room, but did not miss any thing, as I did not take particular notice—I locked the door, and brought the key down, and kept it—Paris came borne about eleven o'clock—I gave him the key—he went up stairs, came down soon after, and, in consequence of what he said, I went up into his room with him, and found a coat, hat, and trowsers, which are here, and a very nasty shirt, which I burnt—here is the coat—it is the same coat as be had on when he came to me—here is where ft is worn at the sleeve.
Cross-examined by MR. BALLANTINE. Q. Do you mean you observed the hole in his coat during the conversation? A. Yes—I did not take particular notice of it—I will not swear it is the same coat as he had on that morning—f saw the white through the hole very distinctly—the shirt left behind was shockingly dirty—I never saw such a thing—I observed the colour of them particularly—he had working trowsers, corded—I did not see the prisoner again till about six weeks after, when I was fetched to the office—Cumming, the policeman, came to tell me to come to High-street—be told me he had the man in custody who he suspected to be the thief—the coat was then in my house—I gave it to Cumming, with the trowsers—when I first saw the prisoner again I had a doubt about him, till he had this coat and things put on him at High-street—I was then quite sure it was him—I was certain of him in those clothes, he then being as he stood at my door—the constable was present while I gave my evidence at the office—he was not rebuked for prompting me, or any other witness, that I heard.
MR. DOANE. Q. Have you any doubt of the prisoner now? A. I am quite certain he is the very man.
EDWARD PARIS . I am a coachman, and lodged at Robins's at the time in question. I came home on the night of Shrove Tuesday, about eleven o'clock, went up to my bed-room, struck a light, and believe I saw this coat and trowsers lying on the floor against the door, and believe the prisoner is the man who laid in the bed—I do not know whether he was awake or asleep—he did-not speak to me, but after a minute or two, while I was undressing with a light in the room, I said, "Hallo, mate, are you
in bed?"—he said, "Yes"—we got into conversation—I asked how long
he had been in bed—he said not long—I asked what time he was going to be up in the morning—he said a quarter before six, as he was a coach-builder at the Great Western Railway, and must be there by six—I said I was going to be up by six, or a little before, and would give him a call—he said his father was one of the clerks on the Birmingham railway, and he had been on the Birmingham line himself, but preferred being a coach-maker on the Great Western, as that was his business—he said he was a teetotaller—I went to bed and went to sleep—just upon six o'clock in the morning the prisoner awoke me, and asked what it was o'clock—I got out of bed, struck a light, looked at my watch, and told him it was just upon six—he said he was very sorry, but he had lost a quarter, as he ought to have been there by six, and he should not go now till nine—I dressed to go to work, we were in conversation the whole time—he told me his boxes were at St. John's Wood, and asked if I would go with him in the evening to bring them home, that he should be at home between six and seven—I said I would go—he said most likely he should go to some place of worship in the evening, as he was in the habit of doing so (it was Ash Wednesday) he asked again what time I should be at home—I told him my business was uncertain, but between six and seven—I then went away—I came home about ten that morning, got the key from Mrs. Robins, went into my room, found him gone, went to my box for a letter I had written the evening before, and found the letter gone, and a little square box containing my money—I had left the box locked—I found it picked—I had left in it a small box with a sovereign, a half-sovereign, four half-crowns, and ten shillings, a brooch, seal, two knives, pens, and other articles in it—I found box and all gone—I ran down stairs directly, and told Mrs. Robins—she went up to the room with me, and I missed two coats, my hat waistcoat, and trowsers, a scarf, one flannel-shirt, three linen shirts, and stockings—it would cost me 24l. or 25l. to replace them—I found an old hat, this coat, trowsers, a beastly shirt, and an old waistcoat, left instead of my own things.
Cross-examined. Q. Did Cumming, the policeman, come for you? A. Not in the first instance—I saw him in High-street before I was examined—he brought a shirt and asked if it was mine—I said, "Yes," that I could swear to it—he spoke to me about the prisoner—I had a little doubt about him at first—when I saw him I said I could not swear to him, as I did not see him out of bed—when I came home that night, I saw his clothes lying by the door, not in a bundle—he had taken them off—I took up one boot, which was not produced.
MR. DOANE. Q. What is your belief as to the prisoner? A. I believe he is the man who was in the bed.
COURT. Q. When you came back at ten o'clock, where did you find the coat, hat, trowsers, and shirt? A. Moved more under the bed, opposite the window, not in the same place—I put out the candle before I got into bed—I had a light in the morning while I dressed, and talked to him—I did not observe the shirt he had on in bed, whether it was dirty or clean—I did not smell it—the shirt left behind was filthy in front with the bad disease.
MRS. ROBINS re-examined. The shirt was filthy all down the front, and white lice running about.
MR. BALLANTINE. Q. Was it black at the arms? A. I did not notice—I did not say any thing to the Magistrate about the hole in the coat—I have stated that on my oath, fur the first time to-day.
MR. DOANE. Q. But have you mentioned the circumstance before? A. It was never named to me—I mentioned it to the Grand Jury—I was asked if I noticed any mark on it—I said it was very much worn under the arm.
COURT. Q. When you gave the information to the Grand Jury about the hole, did they show you the coat? A. No, I had seen it at the office, and had it at my house—I saw the hole while he was talking to me—I was not asked about it before the Magistrate—I was asked to describe the man and his dress.
Cross-examined. Q. Are you a good judge of the fit of coats? A. I can form an idea—it fitted him as far as I could see—I did not observe whether it was tight or loose—I considered it a good fit—it was not but-toned—I should say it seemed to have been made for him—it is a frock coat—I went to Mrs. Robins's—I believe it was before she was examined at the office—I have a doubt of it—I believe it was after she went to the office—I went there to tell here what time to be there the following day—I do not think she was examined more than once—she came to the office, and the prisoner was remanded on one charge, to be brought up on another, and she was not examined—I went to her before she was examined—she bad been told the prisoner was in custody before that—I sent a man for the clothes—the Magistrate did not tell me to be quiet, and not prompt the witnesses, nor any thing of the kind—nor to go away from any witness—I took the prisoner in Great Marylebone-street.
MR. DOANE. Q. Walking the street? A. No, in a public-house—I was called in to take him. MR. BALLANTINE called—.
CATHERINE STEWART . I am single, and have lived with the prisoner for the last nine months, at No. 7, Jeffries'-buildings, Westminster, as his wife. I remember the night of Shrove Tuesday—he was at home with me that very night reading the newspaper—we went to bed about half-past eleven o'clock that night—he went to bed at that time—he had been at home the whole evening—I got up about nine in the morning—he got up after me—I left him in bed—he never slept away from me one night from the 18th of January till he was apprehended—he was in good health, on the 14th, and before that, and I was quite free from any disease.
MR. DOANE. Q. Did you begin to live with him nine months ago? A. Yes, I have been away from him since, and living with my mother—I cannot tell what month I begun to live with him, but it is nine months ago—I lived with my mother before that, and was in service in Newman-street with Mrs. Hunter, twelve months ago, for three months, and left as I was ill—my mother sells poultry about the streets—the prisoner and I first lived in St. Ann-street, Westminster, for about three weeks—I then left and went home—I began to live with him again about six weeks after, and continued till tins time—he was always with me from the 18th of January—he had fourteen days for assaulting a policeman—he slept with me on Shrove Tuesday, and every night till he was in custody at Marylebone-street office on this charge—there was nobody with us on Shrove Tuesday—we had the room to ourselves—he had been out that day to his mother's, who is a laundress in Rochester-row—he was in the habit of carrying linen for her—he has a
father-in-law, who is an oil-cloth manufacturer, named Josse—I do not know where he works—I never saw him—I was never at his mother's but once or twice—our landlord, Mr. Frazer and his wife, live down stairs, and keep the rest of the house for their family—they were at home that night—we occupied the rooms better than three months—the prisoner went to his mother's about eleven o'clock on Shrove Tuesday, came home about one, and staid with me till the morning—I was in the dress line—I was not examined before the Magistrate.
MR. BALLANTINE. Q. You were at the office ready to be examined if called? A. Yes, we do not go through the landlord's room to go out.
COURT. Q. You go out at the same door, I suppose? A. Yes, it is locked at night—we have a key, and could let ourselves in and out by asking the landlord for the key—I did not keep a key of the street-door—the landlord was the last that shut the door.
GUILTY . Aged 24.
MR. DOANE conducted the Prosecution.
HARRIET FROST . I am the wife of Allen Frost, an upholsterer, at No. 18, Cirencester-place—we had a lodger named Parker. On the 10th of February the prisoner came to ask for a lodging—I said we could let him have half a bed—he said that would do, that he worked at Mr. Zetta's, a pianoforte maker, that he had been lodging at a public-house for a week, and had an uncomfortable bed-fellow, a tipsy man, and he was a teetotaller—I told him to call again at night, and I would consult my husband and lodger—he went away and did not come till next night, about nine o'clock—Parker had just come in and I introduced him to him—after some time the prisoner wrote his name down as Mason, and referred me to Zetta's—I said, "Of course you do not wish to sleep here to-night, as I have not your reference"—he seemed to stand and hesitate, and wish to sleep there—he said nothing—I said, "I always make it a rule to have a reference with lodgers before I take them"—he said certainly, he thought it was right—I showed him a light to the door—I said again, "Of course you do not wish to sleep here to-night"—he said he must get a fresh lodging if he did not, at a coffee-shop or public-house—I said it was a pity for him to go to bed there, as there was half a bed empty—I liked his appearance very much, and felt satisfied—I said I would go for the reference in the morning, and allowed him to remain—he went to bed with Parker—I did not see him again till he was in custody.
Prisoner. Q. At the office did you say I resembled the person, but you hardly knew me? A. No—I swore to you—I was not in the least doubt—I went to the cell to see him before I went before the Magistrate—I do not remember saying, "Now your worship I am ready to swear to him"—as he came to the door I saw his full face—I did not know him till I saw his side face—I knew his voice directly, and directly I saw his side face.
Q. After I was put back for an hour for the depositions to be made out; when they were read over to me, did not you say, "Your worship, I am prepared to swear to the prisoner now?" A. I might make use of those words—I do not remember, but I was prepared,
MR. DOANE. Q. When taken to the cell, did you hear his voice before
you saw him? A. I beard him say he was sure nobody could recognize him for he was innocent—I knew his voice then—when he came out of the cell I had a full view of him—I had no doubt of him—I did not know his full face, because his dress was ragged, and when he came to me he was dressed respectably—I saw more of his side face on the 11th of February, and noticed his nose particularly—I have not the slightest doubt of him.
COURT. Q. He was very respectably dressed on the 10th and 11th of February? A. Yes—he looked like a respectable mechanic—he had an apron tucked up as if he had just come from work, and it looked very dean—I made the bed next day—there was a mark on it which I thought was disorder—I did not notice any vermin.
JOHN PARKER . I am an upholsterer, and lodge with Frost. On the 11th of February when I came home in the evening, I saw the prisoner and had a conversation of some length with him—he told me he was a teetotaller, and worked at Zetta's pianoforte manufactory, in the neighbourhood—I afterwards saw him write—he gave the name of Mason—it was at last agreed that he should sleep with me that night—I awoke next morning about a quarter or twenty minutes after seven o'clock, he was then dressing himself—he said nothing, but went away in a great hurry—I got up in about a quarter or half an hour and immediately missed my coat, which had laid over the back of a chair when I went to bed—I did not miss the waistcoat till evening—I went down and said I was afraid I was robbed—I afterwards went to Zetta's, and could hear nothing of the prisoner—I have never found my coat or waistcoat.
Prisoner. Q. You did not swear positively to me at the first examination? A. Yes I did, as positively as I do now—I told the Magistrate you went out without saying a word to me.
Prisoner. Q. What did you detain me for after I was discharged by Mr. Rawlinson? A. On suspicion of this robbery—you went quietly to the station—an old woman was produced against you, but not on these indictments—I did not go behind her, nor did the Magistrate say "Do not prompt the witness"—a young man named Wilson saw you—he said he could not swear to you.
MR. DOANE. Q. He asks about the charge made by an old woman? A. Yes—she was ninety-four years old—the medical man gave it as his opinion; that it would be her death to come as a witness.
Prisoner's Defence. I was apprehended on a charge and discharged; as I left the office the policeman called me back; not knowing what it was for, I went back; he placed me before an old woman, above ninety, who could hardly see, she said she knew me by my carroty whiskers; I was taken to the station, and next morning he brought this woman before the Magistrate, who asked her when the robbery took place; she said on the 28th of February; the Magistrate said that could not be; the chief clerk said, "Was it the last day of January?" she said, "Yes;" the policeman was behind her ready to put the words into her mouth; the Magistrate said, "Do not let me see you do that again;" he introduced a man, who could not swear to me; I was remanded till Monday; on Thursday I was in the yard, and a man came to look at me; he said. "He resembles the Person very much, but he is not the person;" I was proved not to be
the person; I shall prove I was not at this house on the night of the robbery; the policeman never produced a shirt; the doctors will prove I had no disease when I entered this gaol; the shirt Paris swore to by his initials being on it; but it was not brought forward, because it was in my favour; I can prove I was at another place, and not in Cirencester-place on the evening of the robbery; why was not the shirt produced on my trial?
GEORGE SMITH . I dispense the drugs for Mr. M'Murdo, the surgeon of Newgate—I am not a surgeon—I have seen the prisoner every day—I go round the gaol—I was present when Mr. M'Murdo examined him when he came in on the 17th of March—he had no appearance of disease at that time, and I am not aware of any since—I could not form an opinion whether he had had disease before—Mr. M'Murdo would not give him a certificate to that effect—his linen was not clean—there was nothing on it to lead to the conclusion that he had anything of the kind—he said he understood when he came in that Mr. M'Murdo would give him a certificate—he applied for it several times—Mr. M'Murdo refused—not that he had any doubt about it—he wanted it to produce in court.
MR. DOANE. Q. Supposing a person to have gonorrhoea✗on the 8th of February, was there anything remarkable in his having lost the appearance of it when he came in? A. It is not at all unusual.
Prisoner. It is not likely a person could be in the beastly state the woman describes, and get rid of it in a month; it was not much more than a month after that I was apprehended—she says I was respectably dressed at her lodgings, and when she came to see me at the office I was ragged; do I look ragged now? this is my dress I was taken in, and have remained in ever since; the man says he saw roe dressed when he got up he missed his coat, but did not miss his waistcoat till evening; would he not have looked at once, and not left it till evening to look for his own property? I have no witnesses now, the persons are obliged to be away; the woman could not swear positively at the office; she said she suspected," and "she should say," but did not positively affirm or swear to me, till about an hour after she had been with the policeman. GUILTY . Aged 24.— Confined Two Months on this Indictment, and Transported for Ten Years on the First.
1308. HENRY DRAPER and THOMAS WOOD were indicted for burglariously breaking and entering the dwelling-house of Augustus Manning, about the hour of twelve o'clock in the night of the 31st of March, at St. Luke, Chelsea, with intent to steal.
MR. CURWOOD conducted the Prosecution.
ELIZA BENDING CAMPION . I am servant to Mr. Augustus Manning at No. 189, Sloane-street. On Thursday week the family went to bed about half-past eleven o'clock—I fastened up the house—I barred the door leading into the garden, bolted it top and bottom, and Placed a bell on it—there is a sliding window at the end of the passage—that was fastened by a screw—it has bars to it—it looks partly into the passage, and partly into the water-closet—there is an inner door plated with iron, which shuts off the water-closet—that was fastened inside by a bar and two bolts—I am quite sure that was secure—next morning, on coming down and opening the inner door, which was still fast as I had left it, I found seven
holes had been bored in the panel of that door, to the iron plate, and the window wide open—the outer door was unbarred and unbolted—the glass of that window was broken, I suppose to undo the screw—it was a small pane close to the screw—a hand could then be put inside—I discovered several footmarks in the garden, of two persons, one large and one small one—I found a piece of rag inside the house, and a piece in the garden—that in the garden was bloody, but not the piece inside—there were chips of wood under where the holes had been bored—the inspector came to look at the house, and he has the chips—he took them away—he afterwards compared some boots with the marks.
Cross-examined by MR. BALLANTINE. Q. How did he compare them? A. By placing them on the print of the feet—my master has no other Christian names that I am aware of—I have been there three months the last time, but have known him five years—the garden had been entered and the house also, between the two doors—the distance from one door to the other is about a yard—I saw blood on the bars of the window outside—when the pane was broken, a person could put a hand in and slide the window back by taking the screw out—there was space enough between the bars to admit an arm and shoulder to reach through to lift up the bar and undo the bolt of the outer door—it was only the top bolt—the bottom bolt was not fastened that night, or they would not have reached it—the inspector took one boot and placed it on the smallest print, which corresponded exactly—he put one into the other—I came down between six and seven o'clock that morning—it had turned half-past six.
LUKE NIXON . I am serjeant of the police—I was called into Mr. Manning's house the next morning—the servant accompanied me—I went about half-past nine o'clock, I found a square of glass broken outside the door in the garden, and the window put back—a man could by that means unbolt the outer door—I found some blood on the glass, and on the inner iron bars—I found seven holes bored in the inner door—the inside was lined with sheet iron—on the next day, Saturday, I went to the prisoners' house, in Perkin's-rents—they both lodge together in the same house—I went into Wood's room first, found him in bed, and a female there, who was up—I examined Wood's hand—there were no marks of a cut on it—I then went to Draper's room, found him there, examined his hand, found a cut on the fore finger of, I think, the right, and some blood in front of his shirt, which was recently done—I took the two prisoners to the station, where they were charged with attempting to enter Mr. Manning's house, in Sloane-street, they denied all knowledge of it—I went back to Draper's room, and in the cupboard found a female's pocket with two centre-bits and a skeleton-key, and in the same cupboard I found two pick-lock keys under some glass—I went to Mr. Manning's house with wood s boots and Draper's shoes, which I saw taken off their feet—before I compared them I saw there was a mark in the heel in the mould, which Wood's boot fitted—it was a piece of loose leather, and in the mould there was a mark of a piece of loose leather—Draper's shoe was rather higher on one side than the other, and that fitted the marks in the mould—one side was rather worn down.
Q. In trying the boot and shoe are you quite sure you fitted them, and did not make the mark with the pressure? A. Certainly not—one as covered with a piece of wood, and the other with a dust-pan—marks were there before I put the boot in—I saw the piece of
leather, and the piece worn on one side before they were put into the mould—I know both the prisoners—I saw them on the Thursday before, in Henry. street, about fifty yards from Mr. Manning's house—it goes to the rear of the house—it was about five o'clock on the same evening as the robbery was committed at night—they had a view of Mr. Manning's house—in the way it was entered—from there, they could reconnoitre the back of the house—I met them in Harriet-street—they could see all over the back part of the house, and gain a knowledge of it.
Cross-examined. Q. You saw the marks quite distinctly before you put the boot or shoe into them? A. Yes—I put them in to see whether they corresponded—I saw the marks quite distinctly before I put them in Q. Had you any doubt then before you put them in? A. Yes, I had—it was to satisfy those doubts that I put them in—they fitted exactly when I took them out, and before I put them in—I did not find a good deal of blood—this piece of rag was lying by the inner door with blood—here is another piece, which was outside—it has apparently been wrapped round a finger—I went to the prisoners' house on the Saturday, about one o'clock—the woman in Wood's room is not a witness against him that female was in Draper's room.
COURT. Q. Did you find one or two pieces of rag with blood? A. One inside and one in the garden—both had blood on them, but there was very little on the one inside—the robbery was on Thursday night or Friday morning—I did not compare the footmarks till Saturday—I observed them when I first went—immediately under the sliding window were the prints of two footmarks of different persons—there were only those two to be seen distinctly—there is a kind of garden border under the window—there were several other footmarks, but they were so far pressed into the ground.
WILLIAM MORAN . I am an inspector of police. I was at Mr. Maniling's house on Saturday morning—I tried the two centre bits produced with the holes which had been made—in my judgment, the holes was made by one of these—the window was broken and the outer door open—I tried the boot and shoe with the marks made on the ground—before I tried them, I observed that on one mark the leather of the heel was worn off, and turned over, and I saw that indentation in the footmarks, before I tried the boots—I compared them carefully—there had been several foot-marks, but these two were more distinct than the others, and were covered over to preserve them—I have not a shadow of a doubt those two marks were made by the boot and shoe I tried—I had not seen the prisoners about there.
Cross-examined. Q. Did you try the centre bits? A. Yes—I did not work them into the holes—here is a particle of wood which came out of the door, given to me by Campion—I compared the centre bit, and found it exactly corresponded with this piece taken out of the wood—any centre-bit of that size would make the same mark.
COURT. Is it very common to have centre bits of that size? A. Yes—I believe they are made in sets—there may be thousands of these in London.
JOHN SAVAGE . I am in the employ of Mr. Cubit, the builder, and live in Queen-street, Pimlico. Between five and six o'clock on the Thursday evening Mr. Manning's robbery was attempted, I saw the Prisoner Wood at the corner of Harriet's-mews, where there is a view of the back of Mr.
Manning's house—I did not see him go away, and do not know what became of him—he was standing looking about—I did not see Draper.
Cross-examined. Q. Were you standing at all? A. Yes—I had a view of the premises—nobody else could unless, they came down where I was—I was standing at my work, minding a gate belonging to the enclosed ground.
COURT. Q. What was there between the prisoner and Mr. Manning's house? A. The stable—he could see over the stable-gate, which is a barred gate, about five feet high—anybody could jump over it—there is a wall between that and Mr. Manning's garden, about four feet six. inches high.
WILLIAM PRINCE . I am a policeman—I have seen the prisoners before. On the 31st of March, about twelve o'clock at night, I saw the prisoners nearly opposite Mr. Manning's house, looking at the house—I suspected they were after no good, and followed them down to Cadogan-place, to the end of my beat.
WILLIAM BUTLER . I am a policeman. On the night of the 31st of March, my beat was in York-street, Westminster. I know the prisoners, they live in Perkins-rents, Westminster—about half-past four o'clock in the morning I saw the prisoners going towards Perkins-rents—I stopped them and asked where they had been—they said they had been to a concert—I let them go.
COURT. Q. How far were they from Perkins-rents? A. Rather better than a quarter of a mile—they might have gone to a thousand places besides Perkins-rents.
MARY HAYES . I know the prisoner Wood. On Friday, the 1st of April, about twelve o'clock, I went to see Sisson, a young woman who lives with Wood—Draper, Wood, and Sisson were in the apartment—Wood said to Draper that he was very short of money—somebody proposed to play at cards—Wood said he had no money, and he was very sorry he could get no further in the concern at Chelsea because of the sheet-iron, and Draper said, "I am very sorry"—they dropped the conversation as Wood said there were too many ears in the room listening, and that is all that passed on Friday—on Saturday morning I went again, and was in Draper's room—I had been about a quarter of an hour in the room—Draper, and Hannah M'Gowan, who lives with him, were in his room—Draper said he expected somebody would be after him on suspicion of the affair at Chelsea, and when the constable came into the room there was a centre-bit laying by the side of the fire-place on the table—Draper told M'Gowan to hide it, and she put it under the strings of her petticoat—I was there when the officers came—I had left my pocket there on Thursday, and was going to put it on as it was on the bed—I found it was heavy, and refused to put it on—I put it on the bed again—when I looked I found in it some keys and two small pieces of iron—I do not know what they were.
Cross-examined. Q. You were charged with being implicated in the robbery? A. I was charged with being present when the constables came—I was taken up and kept in custody, and allowed to give evidence—I have been in service—I was in a Convent at Hammersmith last—I came out from there on the 17th of March—since that, I have been living with a young man named Andrew Rogers, in New-way, Westminster, as his wife—I went to this house to see Sisson, not to see one of the prisoners—I am not intimate with either of them—Rogers supports me entirely—he
is a labourer at the gas-works over the water—I have known him twelve months—I was with him six months, I then went to the Convent, not as a servant, but to learn religion—I came out and lived with him again—Rogers has not been at work for the last week—he is not able—he was at the gas-works when this took place—he goes to work at six o'clock in the morning, and comes home at six in the evening—I live by his wages—the policeman found me and M'Gowan in Draper's-room—I went before the Magistrate last Monday—since that I have been kept at the station with the policemen—I have not talked about this matter with them, nor been told by anybody that I should be punished if I did not give this evidence.
Q. When did you know you were not to be tried, and brought here as a witness? A. On Monday—the sergeant told me I was to come—I told him of the conversation on the Saturday, the day I was taken—be said I had better tell the truth against the prisoners.
MR. CURWOOD. Q. You told the sergeant two days after it happened? Yes, the day we were taken—I was not charged before the Magistrate as one of the party—I was merely taken to the police-office.
COURT. Q. How long have you been in the station? A. A week last Saturday—there is no woman there—I stopped there all day for three days, but slept in New-way with a married woman—I knew Wood by sight, but not Draper nor M'Gowan—I was not in Draper's room on Friday—Saturday was the first time I was there—I had left my pocket in Wood's room on Thursday on the table, as the string broke—I went into Draper's room on Saturday with Sisson, who was going in—I found my pocket on Draper's bed.
MR. BALLANTINE. Q. Where is Rogers now? A. He is in prison—he was taken up on Sunday morning last.
MR. CURWOOD. Q. What for? A. Getting tipsy, and an assault—I do not know where he is.
COURT. Q. Who advised you to go to the convent? A. It was my father and mother's wish—I had no disorder—I staid there about six months.
DRAPER— GUILTY . Aged 20.
WOOD— GUILTY . Aged 19.
Confined Eighteen Months.
First Jury, before Mr. Recorder.
1308. WILLIAM JOSEPH BROWN was indicted for stealing, on the 20th of December, 1 telescope, value 2l.; 2 candlesticks, value 1l.; and 8 yards of cachmere, value 4l. 4s.; the goods of Charles Townsend Christian and another, his masters: and MARY ELIZABETH BROWN for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.; to which
W. J. BROWN pleaded GUILTY . Aged 17.
MR. PAYNE conducted the Prosecution.
CHARLES TOWNSEND CHRISTIAN . I am in partnership with James Matthews, as East India army-agents, in St. Martin's-place, Charing-cross—the prisoner, William Joseph Brown, was clerk there, and had been so eighteen months—during the latter part of the time he had about 40l. a year. On the 23th of February I gave him into custody, in consequence
of a discovery—he gave his address, No. 1, Grove-street, Lisson-grove—I went there with the officer, and in a back-room on the second floor we found the female prisoner, his mother—the policeman said he was desirous of searching the room, to which she made no objection—he searched and found a bunch of keys, which the officer brought to my office in St. Martin's-place, and found some of them would open nearly all the drawers on oar premises—we went to the lodging again next day, and while there the female prisoner came in—we were searching a cupboard at the top of the stairs—the policeman then went down stairs I followed the prisoner into her room, and said there was a strong case against her son I was afraid, and asked if she could tell me anything about any of the property he was supposed to have taken away—she hesitated, and said, "I can tell you nothing about it"—I said, "You must be aware he must have brought things home, can you tell me whether you think anything has been pawned, or has he had companions who have pawned them for him, can you tell me whether he has any duplicates?"—she at last said, "When the officer came last night I was so flurried that I threw a number of duplicates out of the window into the garden."
COURT. Q. Was not this under the idea you were not to take any proceedings against her? A. I had no idea of taking any proceedings against her because I had no idea she was implicated—I immediately left the room and told the officer—we proceeded into the garden and found between sixty and seventy duplicates, some of which refer to the property in this indictment—I then gave her in custody.
JOHN BRADDICK (police-constable F 10.) On the 25th of February I took the male prisoner into custody—I asked where he lived—he said, at No. 1, Grove-street, Lisson-grove, the second floor back-room—I accompanied the prosecutor there, went into the second floor back-room with the female prisoner—she made no objection to my searching—I found a book on the table, this gambroon on a chair, six keys in a box, and two duplicates, one for a guard chain, and the other for a handkerchief or something—I went there again next day—I was present with the prosecutor when the duplicates were found in the garden—I have kept them ever since—I produce duplicates of a telescope, two candlesticks, and some cachmere, a ring, and a gold guard-chain, a chain and seal pawned on the 15th of January, and four yards of cloth pawned on the 11th of January.
M. E. Brown. My son brought home the articles, and told me he had purchased them. He told me to pawn them, as he had money to make up to pay to one of the clerks. I did not know they were got dishonestly.
WILLIAM HENRY POWELL . I am a pawnbroker, and live in Upper Park-place, Dorset-square. On the 21st of December, a telescope was pawned at my shop by the female prisoner, in the name of" Elizabeth Brown," for 7s.—the counterpart of the duplicate is among those produced—on the 8th of January she pawned, what I call merino, for 16s., in the name of "Ann Brown"—here is the counterpart of the duplicate—they call it cachmere—on the 24th of January she pawned a pair of candlesticks for 7s. 6d., in the same name—I have the counterpart of the duplicate here—on the 15th of January, a chain and seals for 15s., were pawned by her—the counterpart is here—the duplicate of the 11th of January, proceed by the officer, belongs to our shop—I have not got the articles—it was not made out by me, but by a shopman who is not here.
M. E. Brown. I always took them there, and pawned them in my own name.
JANE GARLAND . I am searcher at the station. I searched the female prisoner, and she dropped a gold pin out of her bosom—I saw it fall, and took it up—there was a small chain attached to it—it was wrapped up in leather, and a piece of brown paper outside it.
MR. CHRISTIAN re-examined. This telescope belongs to me—I known it by a mark on the end of the case—the male prisoner had access to it—the mother had nothing to do with my premises—the candlesticks are worth about 30s.—there are seven yards of cashmere, worth four guineas—the prisoner could get at these things by means of the keys found in his room—they could not be got at without my keys, or some skeleton keys—my keys hung in the office—he might get them, but had no business with them.
M. E. Brown's Defence. I did not know they were stolen; my son brought them home; I never had a shilling from them; he paid me 5s. a week out of his wages; my having so many duplicates was brought on through misfortune and sickness; but as to taking anything I thought he got dishonestly, I never did, and could bring friends to prove it. I have been in much better circumstances, but was reduced.
William Joseph Brown. The articles my mother is charged with were given me by the clerk, who has left; he took them out of the stock, saying they would not be missed, and if taken out of pawn by the time they were applied for, it would do. My mother had not the slightest knowledge of their being stolen.
MARY ELIZABETH BROWN— NOT GUILTY .
1309. WILLIAM JOSEPH BROWN was again indicted for stealing, on the 21st of August, 3 neckerchiefs, value 13s., the goods of Charles Townsend Christian and another, his masters; and MARY ELIZABETH BROWN , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.; to which
W. J. BROWN pleaded GUILTY .
WILLIAM HENRY POWELL . I am a pawnbroker. I have three silk handkerchiefs, one of which appears to have been worn, but not the other two—they are hemmed, and were pawned by the female prisoner for 7s. 6d.
CHARLES TOWNSEND CHRISTIAN . From the appearance of these handkerchiefs, I should say they are decidedly mine—it is not a common pattern—I had such in August, and missed them—I do not doubt their being mine.
COURT. Q. Where did you get them from? A. I cannot recollect—I had about half-a-dozen of each—they are two different patterns—here is one of my own, I have had in wear myself, of the same pattern—I have no shop-mark on them—they are silk, cool for India, and are sold for 5s. each—my shopmen might possibly wear such articles—they are things purchased for gentlemen in India, and are the property of myself and partner—I accompanied the officer to the prisoner's room, and found the duplicates outside, in the garden, according to the female prisoner's information—a great many of them were for things of her own.
COURT(by desire of the male prisoner.) Q. Had you a clerk named Bolton? A. Yes—he was not dismissed—he left us rather suddenly about six months ago—he did not leave in January; I believe he left before that; I am not quite sure, my clerks can speak to that—I think he bought
some handkerchiefs of Nevills, of Maiden-lane, of this description—he Light have bought handkerchiefs at the same time, of the same pattern, for himself—he bought them for me, and could have bought for himself—these might have been in Bolton's hands—I do not know whether any of my shopmen have taken articles—we have missed things perhaps for twelve months—I have no means of ascertaining whether there were any money transactions between the male prisoner and Bolton—I have paid the male prisoner 50l. in the course of a year and a half.
MARY ELIZABETH BROWN— NOT GUILTY .
MR. PAYNE conducted the Prosecution.
SAMUEL HASLUCK Jun. I live at No. 104, Hatton-garden, and am in the employ of my father, Samuel Hasluck, a jeweller, who supplies Messrs. Greenlay, Christian, and Company with goods. On the 14th of January the prisoner came to my place, and produced this order—(ready "Messrs. Hasluck and Co. Two or three brequet chains and seals, for Green-lay and Co."—I let him have two—the next day he brought me back one, and had a bill in the name of the firm for the other, which came to 1l. 11s.
CHARLES TOWNSEND CHRISTIAN . This request I certainly believe to be in the prisoner's handwriting—he had no authority from me to write it—he was not sent by our house for the articles, and they were never brought to us—we are known by the name of Greenlay, Christian, and Matthews, but myself and Matthews are the only partners—the request is written on the back of one of our printed cards.
Prisoner. Q. I believe you had a clerk of the name of Boulton? A. Yes—I think I have heard that he obtained a gold chain from Messrs. Garland and Co. for himself—he was in the habit of obtaining goods in the name of the house when I gave him instructions—I think, in one instance he did ask to have some chains on approval, and he selected one—this order is in the prisoner's handwriting—I do not know of Bolton obtaining a hat from Mr. Wilkinson, and charging it to our account.
MR. HASLUCK re-examined. This is the chain he kept, according to the description given in our stock-book—it is the same pattern.
Prisoner's Defence. I merely obtained the things the same as other clerks in the prosecutor's house, with intent, when the account was sent in, to pay for them. Mr. Bolton had the management, and used frequently to obtain goods, and get them charged in the general account; and when the account was sent in he paid his share of it, and the firm gave a cheque for theirs.
MR. CHRISTIAN. We never allowed a clerk to do so—I believe there was one or two instances of the kind, and I told the tradesmen to make out fresh invoices of what was ordered for the house, I reprimanded the parties, and they did not venture to order things again, but they were not ordered in our name or by our authority—I have sent them to purchase things—they have seen things they liked, and bought them—they were
charged to me, but on my mentioning it they were charged to the clerk—the clerks had no authority to write orders in our name for goods for themselves.
COURT. Q. But were the transactions you name done in writing using the name "for Greenlay and Co.?" A. No.
Prisoner. Brooks had some gold brequet chains and gold guards from the witness, and obtained them in almost the same way as I obtained mine.
The prisoner called
COURT. Q. Did you make use of any written paper assuming the name of Greenlay and Co.? A. Never—they were, it appears, charged to the house, but without my knowledge.
Prisoner. I wish to show it was the custom of the clerks to obtain credit, and pay when the house paid for their goods, having them charged to the house; I obtained the goods, being willing to pay for them when the account of the house was presented, which I should have done; I had no felonious intent; if I had I might have kept both; I left my right name as the party taking them.
HENRY BROOKS . I never ordered them in the name of the firm. MR. HASLUCK. We always ask the name of the party coming for goods on approbation, and he gave the name of Brown—I consider the request to be an order from the prosecutors—I had no idea the prisoner was to be the person to approve of it, or I should not have delivered it to him.
MR. CHRISTIAN. We never gave authority to clerks to order goods in our name, and have them charged to our account—Bolton might have obtained gold chains as the prisoner says, but not in our name—the bill was not sent to me—he left us rather suddenly—I found he had got two gold chains, but not with my knowledge.
Prisoner. Those chains he ordered himself, after what were charged to the prosecutors.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Two Years.
1311. WILLIAM HAWES was indicted for stealing, on the 17th of February, at St. Luke, 1 scarf, value 5s.; and 2 pairs of gloves, value 4s.; the goods of Charles Terry, his master: also stealing, on the 24th of February, at St. Luke, 6 handkerchiefs, value 15s., the goods of Charles Terry, his master.—2nd COUNT, stating it to be 6 yards of silk; to which he pleaded
GUILTY. Aged 23.—Recommended to mercy. —(The prisoner received a good character.) Confined Six Months.
1312. WILLIAM BIGGS and THOMAS HOLLAND were indicted for feloniously assaulting Francis Woodman, on the 22nd of December, putting him in fear and in danger of his life, and taking from his person, against his will, 1 bag, value 1d.; 13 sovereigns, 1 half-sovereign, and 1 5l. Bank-note, and that he immediately before, and at the time of the robbery, feloniously did beat, strike, and use other personal violence to him.
MR. DOANE conducted the Prosecution,
FRANCIS WOODMAN . I am a farmer, and live at the parish of Ruislip, Middlesex. On Wednesday night, the 22nd of December, between one and two o'clock, I was taking my mare towards the common at Ruislip, to a rick of hay which I had there—I went down Clack-lane, and near a ditch there I caught sight of two men—I got close by them—they jumped out of the ditch, got on the bank, and struck me—they each had a stick or bludgeon about a yard long in his hand—they both struck me with the sticks on the side of the head, and both laid hold of my collar—I struggled with them—they got me into the ditch—I cried out "Murder" as loud as I could, but I was very hoarse—I had a bad cold, and could hardly speak—as I laid on my back in the ditch one of them pressed his hand very much over my nose and mouth, and my nose burst out bleeding—I told them not to hurt me, if they took my money—they rifled my pockets—one of them put his hand into my breeches and waistcoat pockets—I had in my right-hand trowsers' pocket a purse containing thirteen sovereigns, one half-sovereign, a 5l. Bank of England note, and two land-tax receipts—my purse was taken—they got up, went away, and left me in the ditch lying on my back—it was a canvass purse—I have seen it since in the possession of Atkins, the constable—it was a very cloudy night, and mizzled with rain—there was a moon, but I could not see their faces to swear to them—I thought their faces were disfigured—they seemed blacked a little—I believe the prisoners are the men from what I saw of them.
COURT. Q. Were you off your horse or on it? A. Off the horse, walking by the side of it—it went on when I was knocked down—I know the prisoner Biggs—I had seen him about a fortnight before the robbery I had employed him for a week—I knew Holland before—I never employed him—I know where the prisoners live—Biggs lives next door to Holland.
Cross-examined by MR. PAYNE. Q. When were the prisoners taken into custody? A. On Tuesday last—I had not seen them since the robbery was committed—I believe they were at home at work—I did not go to their house after the robbery, as I could not swear to the men—I gave notice to the police—I did not offer any reward—in consequence of something one Brill told me they were afterwards taken—I have heard Brill is a returned transport—I believe the prisoners' faces were blackened—there was a moon, but it was behind a cloud—it was raining.
COURT. Q. In what direction was the ditch, was it near where the prisoners lived? A. About half-a-mile off—I did not pass their houses in going to the lane.
MR. DOANE. Q. Do you know where Brill lives? A. Yes, he lived next door to the prisoners at that time—I have known Holland ever since can remember—a great many years—I gave information to Goff, a sergeant of police, at Ruislip, at his own house—Atkins is a constable living at Harefield—I did not give notice of it to him—I told my neighbours I had been robbed.
JOHN ATKINS . I am a constable, and live at Harefield, about five miles beyond Uxbridge—I heard of this robbery about a month ago—I had heard something about it before, about a week after it happened, which I understood was on the 22nd of December—I heard of it towards the end of December—I began to look for the prisoners about three weeks ago—I
saw Biggs, and took him into custody on Tuesday at Mr. Newdigate's Harefield-lodge, where he was employed—he was eating his dinner—it is about a mile and a half from his residence—I know where he lives very well—I went to his house, searched it, and up stairs in a bed-room I found this purse which I produce, concealed in one of the upright posts of the house which is built with timber—I saw some hay stick out of a hole in the post, I pulled it out, and found this purse.
Cross-examined. Q. You are not under the police? A. No, I am a parish constable—I apprehended a man on suspicion, named Thomas Brill and he accused these people before the Magistrate—this is a common canvass bag—it was concealed in a hole in the bed-room with a piece of hay pushed in—there was nothing in the bag—the prosecutor's brother was with me when the bag was found—he is not here—Mr. Murray, the high constable, had left me then, and had gone to take Biggs into custody—I have known Brill some years—I have bad no conversation with him since he came back from Botany Bay—he never liked me, but I understand he behaved very well since he was away, which was for three years.
MR. DOANE. Q. How long have you been a constable? A. About eight years.
CHARLES JAMES MURRAY . I am high constable of Uxbridge. Atkins brought the prisoner Holland to me in custody—I did not say anything to induce him to tell me anything—he said he had been drawn into it, for he should not have done it if others had not persuaded him—I asked what he meant by others persuading him, if there was more in it than himself—he said no, there was only him and Biggs robbed Frank Woodman, and he should not have done it if Biggs had not told him Frank had got the money to pay his rent with—I asked him what they had done with the 5l. note—he said they persuaded him to go and change it—he said Brill bad taxed him with being concerned in it, and he had given him a sovereign to say nothing about it, and he thought Biggs had given him as much also.
Cross-examined. Q. How did the conversation begin with Holland? A. I told him Brill had stated before the Magistrate that they had done it, and how they did it—he said he was a poor silly fellow, and had been drawn into it, that he should not have done it if the other had not persuaded him when he was not himself—I thought he meant when he was tipsy—he was quite sober when I had the conversation with him—he had been with me about half-an-hour—he drank nothing in my presence—Atkins had brought him to me.
THOMAS BRILL . I am a labourer, and live next door to Biggs—I have been convicted of an offence, and was away three years and a-half, till six or seven months ago—since that I have been a labourer at Harefield. On the 23rd of December I was living next door to Biggs—early that morning I heard Biggs and Holland about—it was between half-past twelve and two in the night, and after I got up I heard of the robbery of Wood-man—a few days after that I was hedging for my father, and Holland came to me—I said to him " You can lend me 10s. now"—he said, "Where can I get 10s.?"—I said, "Why, you made a good job the other night you can afford to lend me 10s. now"—he said no, he could not, he had not got 10s., and could not lend it to me—I kept talking to him a bit, and at last he said he would lend me 10s.—I was not to do anything for it—I thought if I borrowed the 10s., if I could get it out of him, I should find the robbery out—I told him about the robbery, and he told me to say
nothing about it—that is what I was to do for the 10s.—some days after, I saw Biggs, and asked him to lend me 10s.—be refused at first—I told him what I knew about the transaction—he did not consent to lend me any at first but afterwards he did upon the same terms, that I should say nothing about it—he said "Don't say anything about it."
Cross-examined. Q. Did he propose any drink? A. No, he said a week or so afterwards, "When you pay the 10s. you have no need to pay it all, pay me 5s."—I made him no answer—they at last took me on the charge, and I told all about it—I changed a sovereign for Biggs when he lent me the 10s.—I heard Holland say he changed the 5l. note at Rickmans worth—that was at the same time we were discoursing about the 10s.—I said nothing else to them.
Cross-examined. Q. So you kept it bottled up till they took you, and then you let it out? A. No, I told several farmers about it—I did not tell any Magistrate—it was not very often that I saw a policeman—I told Atkins after I was in custody.
CHARLES JAMES MURRAY . I know the Magistrates hand-writing—I heard Holland examined before the Magistrate, and he made a statement—I saw him put his mark to it—it was read over to him first—this is the Magistrate's signature—(read)—"The prisoner Holland, being charged before me with robbing Francis Woodman, being duly cautioned by me, voluntarily states, Woodman states their faces were blackened, but they were not, that he should not have thought of committing the robbery if Woodman had not been swaggering and showing his money, that he was told Wood-man was showing his money at Hammersmith, that Woodman has sworn falsely as to his purse, that this man (pointing to Biggs) and him were the only persons who robbed Woodman, that he should not have done it if not persuaded, but this man persuaded him, and told him Woodman had got the money to pay his rent"
FRANCIS WOODMAN re-examined. This canvass bag is the purse I was robbed of, and contained the money—my mother made it about twelve months ago—I sat by and saw her make it—there was a small hole at the bottom, which is here now.
BIGGS— GUILTY . Aged 45.— Transported for Life. HOLLAND— GUILTY . Aged 17.— Transported for Fifteen Years.
NEW COURT.—Saturday, April 9th, 1842.
Sixth Jury. before Mr. Common Sergeant.
GUILTY .— Confined Four Months.
1315. EDWARD MOORE was indicted for stealing, on the 15th of March, 1 cloak, value 3s.; and 1 pair of boots, value 2s.; the goods of William Hill, from the person of William Robert Hill; also, for stealing, on the 9th of March, 1 cloak, value 3s., the goods of Susannah Gill, from the person of Richard William Gill; to which he pleaded
GUILTY . Aged 18.— Transported for Ten Years.
(There were four other indictments against the prisoner.)
GUILTY . Aged 12.— Confined Eight Days and Whipped.
GUILTY .— Confined One Month, the last week solitary.
GUILTY . Aged 12.— Transported for Ten Years.—Convict Ship.
MR. BODKIN conducted the Prosecution.
CHARLES BELL . I am a porter at the Commercial Sale-rooms. Mr. James Remington Tedley has a counting-house there—I was in his office in that building, about half-past eight, on the morning of the 11th of March—I saw Mr. Tedley's coat hanging there safe then—two or three minutes afterwards I saw the prisoner coming out of the counting-house, with Mr. Tedley's coat underneath his own coat—I took him into custody—he resisted—I shut the door and prevented his escape—I sent for a policeman and gave him into custody—I gave the coat to the policeman—I know nothing of the prisoner.
FREDERICK RUSSELL . I am a City-policeman. I received the prisoner in custody from Bell—I also received this coat—I saw the prisoner before—I told him it was not long before we had bad him—he answered me in English—I have heard him talk English several times.
(The prisoner being a foreigner, had the evidence communicated to him through an interpreter.)
Prisoner's Defence (through an interpreter.) I did not steal the coat; I went there that morning; I went through the first gate, and found the second gate shut; I wanted to go back again; I met a person coming out of the counting-house with this coat under his arm; I saw him come up with rather a sharp step; he threw the coat down on the ground; I took it up; I thought a thief had stolen it, and went into the counting-house to see if any one would own it; I found no person there; I took the coat with me under my arm, in order to find a policeman, and deliver it up; I went out, and the policeman took me into custody; the policeman did not understand me, nor did I understand him; I have only been in England two months."
GUILTY .* Aged 19.— Transported for Seven Years.
1320. CHARLES PACKER and RACHAEL SAYER were indicted for feloniously receiving of a certain evil-disposed person, on the 7th of August, 1 table-cloth, value 5s., the goods of Alexander Sutherland. well knowing it to have been stolen; against the Statute, &c.
MR. DOANE conducted the Prosecution.
ELSPETH SUTHERLAND . I am the wife of Alexander Sutherland, who is abroad; I live in Grove-street, Bethnal-green. In August last I occupied the two parlours on the ground-floor of No. 10, Norfolk-street, Globe-road, Shoreditch, in a house kept by a Mr. Evan Hall—I went to Scotland at the latter end of June, and staid there till the 11th of August—before I left I locked up my rooms—while I was in Scotland I received a letter from my son, in consequence of which I came to London the same day—I had taken the key of the front-room with me, and padlocked the back-room, and left that key with my daughter—when I came to London I found the front-room broken open—I missed a table-cloth and a great variety of articles besides—the table-cloth and other things were in that room when I started for Scotland—sixteen locks had been broken open—the room-door had been burst open, and the padlock was opened, which I had locked when I went to Scotland—the value of the property I lost was at least 25l—this is the table-cloth—it is one of the articles I missed from the room—it is worth 5s.—I do not know either of the prisoners.
HENRY PARKER (police-sergeant K 10.) On Monday, the 14th of March, I went with some officers to the Rum Puncheon public-house, in Rose and Crown-court, Moorfields—Sayer kept the house—when I went in I did not find her there—I found Packer behind the bar acting as land-lord or master of the place—soon after Sayer came in—I went up stairs with them, and searched a chest of drawers in their presence, and found in it this table-cloth—I asked Sayer whether it was her property—the said it was—Packer did not say any thing—I took them into custody, and lodged them in Featherstone-street station—the next day, in the course of conversation, I almost forget what it was, Sayer said, "I can only account for the table-cloth in this manner; it must have been brought there by Packer when I had a supper;" and in the washing up she supposed it must have got into her drawer with other things—Packer was not present when she said that.
ANTHONY RUTT . I am a police-inspector. I was with Parker when he found the table-cloth, as he has described—I have no other evidence in this case—there are two other witnesses subpoenaed—they have come forward voluntarily—Sarah Clark is one.
Cross-examined by MR. CLARKSON. Q. Have they any thing to say to this case, or are you going to call them to prejudice? A. Not in this particular case—I have no other witnesses in this case.
NOT GUILTY .
1321. CHARLES PACKER and RACHAEL SAYER were again indicted for receiving, on the 30th of September, from a certain evil-disposed person 1 gown, value 4l; and 1 shawl, value 1l.; the goods of Martha Howell, well knowing it to have been stolen; against the Statute, &c.
MR. DOANE conducted the Prosecution.
SARAH LINDOP . I am a widow, living in Alfred-place, Islington. My family consists of my mother, Martha Howell, and myself, no one else—on we 30th of September I went out with my mother, about three o'clock—I locked up the place safe, and took the key with me—I returned about ten o'clock at night, and found the door shut, but not locked as I had left it—on going up stairs into my bed-room, I found my things disturbed, and
missed several articles of wearing apparel and jewellery—I missed a black satin dress and a shawl of my mother's, which were safe when I went out—the articles I missed are worth 20l.—this gown is worth 7l.—I know nothing of either of the prisoners.
Cross-examined by MR. CLARKSON. Q. These are two articles out of a great number you lost? A. Yes.
HENRY PARKER . I am a policeman. On the 14th of March I went with my brother officer to the Rum Puncheon public-house—when Sayer came in, Packer went up to her, laid hold of her hand, and said, "Rachael, my dear, don't fret," or something to that effect—nothing had been said to her at that time—I was in my police dress—Mr. Rutt, the inspector, was with me—we went up stairs to search the bed-room—Sayer led the way, and Packer followed—she took me to the back room first floor—I went in with both the prisoners, and searched the room—I found a chest of drawers there, and found this satin dress and cashmere shawl—I asked Sayer, in Packer's presence, whether the gown was hers—she said it was hers; that Packer had brought it up to her into the bed-room some few months ago, and said, "Will you purchase this gown?"—she said, "No, I don't want any thing of the kind;" it was too good for a woman in her circumstances; that he went down stairs again, and returned some short time afterwards, and said, "You had better have it, you will never have such a bargain again, you can buy it for 1l.;" that she said, "Certainly it is very cheap, if it is only to cut it up for bonnets," and she gave the money to Packer, and he took it down stairs to the party—to the best of my recollection, that was all she stated about the gown—I do not think I have omitted any thing—Packer did not say any thing—I asked Sayer whether the shawl was hers—she said it was, she had purchased it for 7s., of a woman, as I understood her, at her house—I think she said the woman's name was Clark—I think I asked who it was—I took them into custody—on the way to the station, a woman came up, and put her face under Sayer's bonnet—after she had done so, Sayer said, "That is the woman I purchased the shawl of"—the woman said, "No, I am sure you did not, you purchased it of my husband"—that was all that occurred, to the best of my recollection—
Packer said nothing to me.
Cross-examined by MR. CLARKSON. Q. Was the woman that Sayer pointed to, the person named Clark, who the inspector said had come here voluntarily? A. Yes, her husband has been convicted—I did not take Clark's wife into custody—she was not examined before the Magistrate—I told the inspector that Sayer had said she was the person that had sold to her the shawl.
MR. DOANE. Q. Did you find any property at this house besides these two articles? A. Yes, I found a napkin—the house is kept by Sayer—the name of Rachael Sayer is over the door—I found some property identified by Mrs. Sands—that is the subject of another indictment —(producing it)—I found this property in Sayer's room—I found this other property in the house—I found four plated spoons in the front room, which room Packer said was his—I did not find any other property in the house myself—the name of Mather is on the towel—there is no initial on the spoon—the inspector found a waistcoat—I found nothing else. ANTHONY RUTT. I am an inspector of police. I accompanied Parker to Sayer's house, and searched in company with Parker—I produce a waistcoat which I took off Packer's back—there was other property found
which was not identified—that property consisted of a piece of linen, two gravy-spoons, a soup-ladle, half a dozen tea spoons, two salt spoons, and one table-spoon—the letter "B" is on this spoon—they are not all marked—here is a tea-spoon marked "J. S. B,"—only one tea-spoon is marked—here is one other spoon marked—one letter is nearly obliterated—I think it is "P. T."—they are all common metal, with the exception of this one, which is German silver—here is about fifteen yards of Irish linen not made up, and two gold rings, which I found in Sayer's bed-room.
Cross-examined by MR. PHILLIPS. Q. Is there any mark on the linen? A. No, I judge it to be Irish from its appearance.
Cross-examined by MR. PHILLIPS. Q. Was there not a good deal more property in the house? A. Yes—the house was regularly furnished—Packer told me I should find the coat on the bed—I had seen it on his back in public places—I saw the waistcoat on his back when I went into the house.
MARY MORTIMER SANDS . I am the wife of George William Sands, and live at No. 2, Kingsmead Cottages, New North-road, Islington. On Sunday, the 15th of August last, I went out and left my house safe—I retured between eight and nine o'clock in the evening—I found the street-door ajar—I had left it fast, and had the key with me—I found my property disturbed, and the room plundered—among other things I missed this napkin now produced—it was my cousin's, and was in my possession—it was safe in my house when I went out in the afternoon, and it was gone at night.
Cross-examined by MR. CLARKSON. Q. You are here to prosecute these prisoners for receiving this napkin? A. Yes, that is the only article that has been found—I lost a great many other articles.
HENRY WATSON . I live at No. 8, Old Montague-street, Whitechapel. On the 22nd of July last, I left my house safe at six o'clock in the morning, and when I came home at night my property was gone—this coat and waistcoat now produced both belong to me—they were safe when I went out that day, and were gone when I came back.
Cross-examined by MR. PHILLIPS. Q. You lost a great many things? A. Yes, four coats, two waistcoats, a pair of top-boots, a pair of trowsers, five gold rings, and 3l. in money—I value this coat and waistcoat at 10s. in their present state—they were good when I lost them—I prosecute Packer for this coat and waistcoat on another indictment.
MARY ANN GUTTERIDOE . I am the wife of James Gutteridge, of No. 49, Allerton-street, Hoxton New Town. On the 30th of June last I went out—I saw my husband lock the door, and I took the key with me—I returned about half-past eight o'clock in the evening, found the door open, and property gone—among the property lost was some spoons—these now produced are our spoons. (James Jury, wine-cooper, No. 53, London Wall; Thomas Ventom, auctioneer, Angel-court, Throgmorton-street; Charles—, butcher, Long-alley; Thomas Hall, gentleman, Eliza-terrace, Kingsland-road; James
Holmes, cabinet-maker, Rose and Crown-court; Richard Malpas, smith,
No. 128, Long-alley; William Howard, grocer and cheesemonger, Rose
and Crown-court; John Boyne, brewer, Long-alley;—Braynan clothier and bedding manufacturer, Long-alley; and George Miller, baker, No. 18, Long-alley; deposed to Packer's good character.)
PACKER— GUILTY . Aged 26.— Transported for Seven Years.
SAYER— NOT GUILTY .
(There were three other indictments against Packer.)
1322. RACHAEL SAYER was again indicted for receiving of an evil-disposed person, on the 15th of August, 1 napkin, value 1s. 6d., the goods of Francis Sarah Mather; well knowing it to have been stolen; against the Statute, &c.
MR. DOANE offered no evidence. NOT GUILTY .
CHARLES MARKS . I am a tailor, and live in Tottenham-court-road On the 28th of March, about eleven o'clock, I saw the prisoner watch Eliza Everett (who is a little child) out of a shop, then take her up in her arms, and carry her across the road—I watched her—she took her down a mews—I saw her take something from her hand and run away—I followed her to Oxford-street, and gave her in charge—she handed over 2s. in a paper to the policeman, and said it was all she had taken.
CHARLOTTE EVERETT . I am the wife of Samuel Everett, and have a child named Eliza; she is too young to be examined. On the 28th of March, about eleven o'clock in the morning, I sent her with a half-crown to get half-a-quartern loaf, which costs 3 3/4 d.—she ought to have brought back 2s. 2 1/4 d.—when she returned she had but 2 1/4d.
Prisoner. Distress caused me to do it.
GUILTY . Aged 23.— Confined Three Months.
JANE EUPHEMIA FRITH . I live with my father, in New-road, St. George's. I put two gowns behind the shop-counter on Sunday, the 27th of March—I went for them on Monday morning, and they were gone—this now produced is one of them—it belongs to my sister, Margarent Selina Frith.
Prisoner's Defence. On Sunday evening, the 27th of March, a young man, a seafaring person, who I had seen before, called on me and gave me the gown, saying, "Here is what I promised you before." That is the truth. At the police-office I was so flurried, fearing my husband should know where I got it from, that I did not know what excuse to make, or what I said. Catherine Harley, who lives in the same house, was present when it was given me. I had not been out of the house for three days previous.
CATHERINE HARLEY . Last Sunday morning week I was in the prisoner's room—a seafaring man came up and said, "Here is the gown I promised you"—he gave it to her—she was ill in bed at the time, and had not been out of the room for three days—her husband works in the Docks—I live with my parents—I am not an unfortunate girl.
WILLIAM KEELEY . I am a policeman. I know Mr. Broderip, the Magistrate's handwriting—I saw him sign what the prisoner stated—this is it—(read)—"The prisoner says, 'I have nothing to say, farther than that I bought it at Mr. Robinson's, only the young man could not recollect me.'"
Prisoner. I said I understood it was bought there; I did not say I bought it. Witness. I asked her where she got the gown from, and she said she bought it at Mr. Thompson's, opposite Shad well church.
GUILTY . Aged 28.— Confined Three Months.
1325. WILLIAM DANCE was indicted for stealing, on the 11th of March, 6 pints of wine, value 15s.; and 4 glass bottles, value 1s.; the goods of Thomas Sturland.—2nd COUNT, stating it to be the goods of the London and Birmingham Railway Company.
MR. CLARKSON conducted the Prosecution.
EDWARD COLE . I am in the employ of Messrs. William Seymour and Co., wine-merchants, in Lime-street, City. On the 10th of March I drew from a butt, and filled three dozen bottles of sherry—I corked the bottles, and afterwards sealed them with green wax, with "William Seymour, Sherry, London," on them—I packed them in a hamper, and tied it down—I only packed one hamper of wine that day—the cellar-man directed it—the officer has since shown me one of the bottles.
WILLIAM MICKLEBOROUGH BARGERBUR . I am cellarman to Messrs. Seymour. On the 10th of March I directed Cole to draw, cork, seal, and pack the bottles—I saw them done, and put into the hamper—I saw the impressions on the seals—I directed the hamper, "Thomas Brotherton, Esq., Leamington"—I afterwards took it to Mr. Sturland's office, No. 126, London-wall—it weighed 1 cwt. 1 qr. and 2ibs.—I paid 2s. 10d. carriage—I left the hamper with Dakin—I have the seal in my possession with which the bottles were all sealed.
FRANCIS DAKIN . I am porter to Mr. Thomas Sturland, who is a railway carrier, of No. 126, London-wall. On the 10th of March I received a hamper from Bargerbur, addressed to "Thomas Brotherton, Esq., Leamington"—I weighed it—it weighed 1 cwt. 1 qr. 2lbs.—I put down the weight at the time, and "paid 2s. 10d. carriage"—the hamper was delivered to James Bertout, the carman, about two o'clock.
THOMAS ROWDEN . I am clerk to Mr. Sturland. On the 10th of March, about half-past nine o'clock at night, I received from Bertout some goods, and, among others, the hamper directed to Mr. Brotherton—it weighed 1cwt. 1qr. 2lbs.—I saw it taken from the van, and I put it into one of the railway trucks myself at Camden Town station—there were eleven boxes of tea in the same truck—I saw the truck covered over with a tarpaulin and tied down—I assisted in tying it down, and saw it put
ready to go by the train to Birmingham—next morning I received information, and went to the spot where I had seen the truck the night before and on the ground saw eleven chests of tea—the train was then gone—the Stanhope-gate is one of the entrances to the railway—the tea was two or three hundred yards within that gate.
TIMOTHY DONOVAN . I am a constable of the London and Birmingham Railway. On the morning of the 11th of March, about five minutes after two o'clock, I was stationed at the Stanhope-gate, Camden Town—I heard the clock strike two—I saw the prisoner riding in a cart which he was driving—it was a dark night—I asked where he was going to, and what he wanted—he made no answer, but drove on—I followed him—he drove towards the sheds where the goods are loaded—he stopped at a dark place before you come to the sheds, and got out of the cart—I asked him what he was doing there, and who he wanted—he said he was waiting for his master—I asked who his master was—he said Mr. Sturland—I said I never saw Mr. Sturland there at that time in the morning—I asked if he knew whether Mr. Sturland had an agent in town—he said he did not know—I asked where Mr. Sturland lived—he said he did not know where his country house was—Young, another policeman, then made his appearance at the shed—I called him, and told him to take care of the prisoner, while I went for another constable—I am sure the prisoner is the man.
Cross-examined by MR. PHILLIPS. Q. You saw him drive in at the Stanhope-gate? A. Yes, and kept him in sight till Young took him—goods come in at other gates besides the Stanhope-gate—I do not know whether this wine had passed through there—the goods would all be inside the gates.
THOMAS YOUNG . I am a constable of the railway. On the morning of the 11th of March I went down to the bottom of the sheds—in consequence of what I heard from my companion, I went to the prisoner, and asked him his business—he would not give me any information—he got out of the cart, and went up the shed—I followed him—he came out of the shed, and began to run—he got into the cart again, and began to drive off—I hallooed to him that he was not to go till he had given me an answer—it was a dark night—I caught hold of his horse's head, and took the cart into the shed, with him in it—I called to a person to come and take hold of the cart—the prisoner slipped out of the cart, slipped on his hands and knees under the trucks, and dodged me about—I followed him, and found him at last, lying flat on his face, pretending to be drunk, and fast asleep—I spoke to him—he made no reply, but grumbled, and asked where he was—I am sure he is the man who was in the cart, and the man I had seen dodging under the trucks—I took him into custody, and brought him towards Euston-square station—in bringing him along I noticed him attempt twice to put something from his pocket, and the last time he managed to pull a bottle of wine from his pocket, slip it down by his side, and kick at it with his foot after it was down, but he missed it—Bushby, who was walking alongside, turned back and took up the bottle—the prisoner said, "I thought I kicked against something"—I distinctly saw him take it out of his pocket—I searched him at the station, and found on him a knife, and a small instrument for raising nails—no trains arrive at half-past two o'clock in the morning—the prisoner had on the same coat he has now.
WILLIAM BUSHBY . I am a policeman of the railway. On the morning of the 11th of March I was called, and went to Young's assistance—I found the prisoner in his custody—in taking him along the line towards
Euston—square I heard something fall—I picked it up, and it was this bottle—the prisoner said he thought he had kicked against something—I said, "You did not pull it out of your pocket, did you?"—he said, "No."
GEORGE PERRY . I am clerk to Mr. Sturland, at Birmingham. On the evening of the 11th of March, the truck arrived at Birmingham which started that morning—I assisted to unload it—I found several of the strings cut on one side, and one side of the cloth which covers the truck was blown into the truck in consequence of being loose—I examined the contents of the truck with the invoice, and found a deficiency of eleven boxes of tea, and that a hamper of wine had been pilfered—I examined the contents of the hamper, but did not count the bottles in it—I weighed it, and it weighed 1 cwt. 171bs.—a bottle of wine weighs about 3 1/4lbs.
THOMAS PRICE . I am clerk to Mr. Sturland, at Birmingham. On the 12th of March, I received a hamper from the carman at the wharf, directed to Mr. Brotherton, of Leamington—I weighed it, and found a deficiency of I3lbs.—there were thirty-two bottles, sealed with green wax, the same as the one produced—four bottles were wanting to make up the three dozen—the prisoner was never in Mr. Sturland's service, at Birmingham—I hare been with him nine years.
Cross-examined. Q. I suppose be sometimes employs supernumeraries? A. Yes.
MR. CLARKSON. Q. Was he in his service in March last, at Birmingham? A. No.
W. M. BARGERBUR re-examined. I have examined this bottle—it is one of the thirty-six I directed to be packed on the 10th of March—part of the seal has been since knocked away, but when I first saw it before the Magistrate, it was perfect, which enabled me to swear to it.
GUILTY .* Aged 30.— Transported for Seven Years.
1326. WILLIAM ANDREWS was indicted for stealing, on the 9th of March, 100 printed copies of "Chambers's Edinburgh Journal," value to. 4 1/2 d., the goods of William Bradbury and another, his masters: and CHARLES CARTER for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. CLARKSON conducted the Prosecution.
FREDERICK MULLETT EVANS . I am in partnership with William Bradbury, as printers, in Whitefriars—ours is the only house in London that prints "Chambers's Edinburgh Journal"—the prisoner Andrews was our apprentice, and acted as a machine-man—there are six machines in the machine-room—Andrews worked at the machine we call No. 2—there are two machines close together on the right immediately you go in at the door—when the copies of the journal are taken from the machine, they are laid down quite flat on a board by the side, on one another—they are then counted up in hundreds, and folded over once, then taken up into the ware-house to be dried, and afterwards distributed to the trade—copies are never sent out to the trade in a wet state and folded but once—they are simply folded so for the purpose of counting in hundreds—Andrews by being in the machine-room, would have the opportunity of possessing himself of a hundred numbers of wet sheets folded once—I am not aware at which machine No. 528 of the journal was printed—a person named Hall worked
at one of the machines, side by side with Andrews, he at one machine and Andrews at the other—we sell the journal to the trade at 13 1/2 d. a dozen—that is the wholesale price—some are sent to the binders, and some to the publishers—we fold a portion of them, and the others are sent to the binders.
Cross-examined by MR. CHARNOCK. Q. HOW long has Andrews been in your service? A. I think between four and five years altogether—he came first as a machine-boy—our superintendent engaged him—we direct that none but persons of good character are to be engaged—he has been an apprentice about two years—we apprenticed him partly in consequence of his good conduct, and partly out of compassion, to teach him a trade—I understand he lives opposite our establishment in Lombard-street, Whitefriars—each machine requires one man and two boys—I entertained a good opinion of Andrews.
MR. CLARKSON. Q. Have you had any reason for changing that opinion? A. Yes, for some time past I have had a very bad opinion of him indeed.
THOMAS SELBY . I am an apprentice of Messrs. Bradbury and Evans. I am seventeen years old, and have been in the establishment about three years—I live at No. 10, Zoar-street, Southwark—Andrews was in a different department—on Wednesday evening, the 9th of March, about half-put seven o'clock, I was going home in company with Robert M'Cauley, another apprentice, and in Fig Tree-court, Temple, I saw Andrews, about the centre of the court, with a round parcel under his arm, rolled up and wrapped round with an old brown paper wrapper, like this now produced—one end of it was open behind, so that I could discern that it contained paper—I believe along the Temple would be the nearest way to Holywell-street from Whitefriars.
Cross-examined. Q. Where had you come from? A. From Regent-street—I was going towards Blackfriars—I know Andrews well—I cannot say how many lights there are in Fig Tree-court—there are not many—I did not speak to Andrews, nor did M'Cauley—it was dark—I do not undertake to swear this is the wrapper I saw—it was one similar to it.
MR. CLARKSON. Q. Was there any gas-light in the court? A. Yes, I saw by the light of the gas that the parcel was open behind, and contained paper—the white showed from the brown paper.
f ROBERT M'CAULEY. I am one of Messrs. Bradbury and Evans apprentices. I had been with Selby to Regent-street, on the 9th of March—on our return home, we came into Fig Tree-court about half-past seven, and saw Andrews there with a parcel under his arm, wrapped in a wrapper like the one produced—it was open at one end, and I saw that it was paper—from the appearance of the roll I should say there were about 100 sheets of paper in it.
Cross-examined. Q. I suppose you will not swear to the wrapper? A No—I cannot swear whether there were twenty-five or fifty sheets.
CHARLES HALL . I reside in Lambeth-square, New-cut, and am in the prosecutors' service—I was working the machine, No. 2, which prints "Chamber's Edinburgh Journal" on Wednesday, the 9th of March, Andrews was working in the same room at one part of the evening—I missed him from the room just after seven o'clock—he had something to do with some numbers of "Chambers's Journal," but not with No. 528—I bad that all to myself—he had to pass my work while in the room—I
sheets up wet in hundreds, and folded once—if he were so disposed be might take them in that state—I never took any to the prisoner Carter's, or any where else—I never saw Carter till he was in custody.
ELIZABETH M'ARTHUR . I keep a shop in Holywell-street, Strand, for the sale of weekly publications. On Friday evening, the 4th of March, the prisoner Carter came and asked me if I dealt in "Chambers's Journal"—I told him no, nothing of any consequence, I had been for the last three years conducting the business for my brother, but our business was large, and I did not enter into any other publications—he said if I did, he could supply me very largely at 1s. a dozen—I asked if they were the right copies—he said, "Yes," and went over and fetched one—I knew that the regular price was 1s. 1 1/2 d.—he brought one over to me, which he left—I said I could not say any thing to it, I would look it over, as that was not the proper price, and the publishing day of that week was over—I told him I would make inquiry among the trade, but be would understand that was not the proper price—he said his reason for offering it was, he had dealings with a printer, that he took a certain quantity, and if he did not sell them he took them again, and that their dealings together were only in money—he said it would not be worth his while to take them unless I could promise to take 100 dozen or more—next morning, Saturday, the 5th of March, he came to me again—I told him I would make inquiry among the trade during the week—on Wednesday, the 9th, he again came over during the day—I told him that I had made inquiry among the trade, and that they would take them, provided the goods were right—I told him I supposed I might depend upon him that they were right, and I was to have the quantity named, which was 100 dozen—he said, "Yes"—he said I could have them on Wednesday if I pleased—I said Thursday morning was the publishing morning—he said I could have them on Wednesday night if I chose—about half-past ten o'clock that night he came, and brought with him these 100 copies of "Chamber's Journal" now produced—I asked him if that was all—he said, "All, to-night"—I told him I thought it was a pity, if that was all, to have mentioned it to me, because that was not sufficient to supply one publisher—he said I could have more to-morrow—he did not say how many—no arrangement was made about paying for the 100 dozen on Wednesday—I said, "You can leave them, had I better pay for them now or when you bring the remainder of the quantity stated?"—he said, "Very well, I will leave them"—after he was gone I examined the 100 copies—they were wet, and folded once, just as they come from the printers—they were not folded as I had seen them in the trade—I left them as they were till the morning—the publishers sent, and I refused to sell them—I went to a publisher in the street, made inquiry, and a communication was consequently made to the prosecutors—on the following morning, the witness Humphreys came to me, and I delivered to him about a dozen of the copies Carter had left with me—about one o'clock the same day (Thursday) Carter came to me again, and said, "How about Jose ' Chambers?"—I said, "I have done nothing with them, they lay here as you left them, but as you have not brought any more, I shall not think of doing any thing with them"—he said, "The party is at my house now, I will make inquiry when you can have any more"—he went away, returned in about a minute, and said I could have another hundred in the evening, that he thought that was all I could have that week, but I could
have as many more as I liked in the following week, at the same price—I delivered that same evening to the officer the remainder of the copies Carter had left with me.
Carter, The first time I called on you was on Thursday—I asked whether you did any thing with "Chambers's Journal"—you said "A little," but you could say nothing about them unless I showed you a sample and on the Friday I brought you a sample—you said you would ask the trade—I called on Saturday, and you said you would take 100 copies. Wit ness. No, for 100 copies would have been of no service to me it was the large quantity you offered which made me suspect they were not stolen—I asked if I could have "Chambers's Information," also—you said you would inquire—I said one was of no use without the other, as they were both sold together.
Carter. I did not deal in weekly publications, and came to you for advice; I asked you whether they were about the price, and you said they were. Witness. You asked me what they sold at, and I told you 1s. 1 1/2 d. to the trade—you brought them about half-past eight o'clock on Wednesday evening—I did not examine them while you remained, or count them to see how many there were—I did not say that I had been in the habit of having twenty-six sheets to the quire, and these were but twenty-five, nor ask if that was the lowest price they would take—you said on the Thursday morning that that was the least you could sell them at, as you were allowed so little discount—they were wrapped in one of the set-off sheets—I told you that 100 was of no use to me—I bad not paid you for them.
Q. If they were of no use to you why not give them me back again? A. You were to bring me the others in the course of the day, or the following morning.
MR. CLARKSON. Q. What business does Carter carry on? A. I really cannot tell—I have seen books and pictures of various sorts in his shop—he lives nearly opposite me—I had never spoken to him before he came to me, to offer these—he did not ask me my advice—he said he had taken them of a man who was a printer, that they transacted business together, and he owed him money—he came to ask me if I did any thing in "Chambers's Journal," and what he was to give for them—he said he did not understand much about it, and asked what the price was, and I told him.
SAMUEL HUMPHREYS . I am chief warehouseman to Messrs. Bradbury and Evans. In consequence of directions I received from Mr. Evans, I went to Mrs. M'Arthur's in Holy well-street, on Thursday, the 10th of March, somewhere between twelve and one o'clock in the morning—she showed me a parcel of the journal, No. 528—they were quite wet, apparently as if just from the machine, and were rolled up in this sheet of paper, which is one of the set-off sheets—that is, a sheet which has been through the machine several times—we never allow those sheets to go off the premises in a whole state, we always tear them up or destroy them—they are never sold—I have the custody of all the stock of this publication—it is one for which there is a considerable demand—before the weekly numbers go to the trade, they must pass through my hands—on Wednesday, the 9th of March, a portion of No. 528 had gone through my hands in sheets, to Messrs., Orr the publishers, and 8500 copies to Mr. Bone, the folder, for the purpose of being delivered by him to Mcssrs. Orr, the publishers,
when folded—no others passed through my hands for the purpose of the trade, and no others went out of the house to my knowledge—the 8500 copies delivered to Mr. Bone were partially dried before they went—the greater portion of them had been on the lines for the purpose of drying.
Q. Could they have been in the state in which those were which you found at M'Artburs? A. According to the time, no—those were quite damp, as if from the machine—on Thursday evening, the 10th of March, I went with Beard and Weston the officer, to Holywell-street again, and watched there for some time; about nine o'clock I saw Andrews and another—Andrews left the other one outside in Holywell-street, and he went into Carter's shop—it is a shop-front with second-hand books, candles, knives, and miscellaneous things in it—the principal stock was second-hand books—there was no name over the door—a board hung at the door stating that miscellaneous property was bought, sold, or exchanged—I followed Andrews into Carter's—I was close at his heels, and Weston was close at my heels—I found Carter in the shop with Andrews—no conversation passed between Andrews and Carter while I was present—Weston said to Carter, "Have you any Chambers's Edinburgh Journal?"—he said, "No, I have not"—Weston said, "Did you ever have any?"—he said, "No, I did not"—Weston said, "You are sure you have not?"—he said certainly, he never did, he knew nothing about it—Weston then said, "Did you ever sell any?"—he said, "No, I did not"—Weston said, "Did not you sell some to a neighbour?"—he said, "No, I did not"—Weston said, "I can assure you have," or "I can prove to you that you have"—he immediately sent me across the way to Mrs. M'Arthur's, and I brought Mrs. M'Arthur's man over with a portion of these—Weston said to the man, "Who did you purchase these of?"—the man said, "That man," nodding to Carter—Carter then said, "Oh yes, I did; oh yes, I did; but I sold them on commission"—Beard then tapped Andrews on the shoulder and said, "Andrews, what do you do here?"—he turned round and said, "Oh, I am only come here for a piece of music, Mr. Beard"—Weston then said to Carter, "Well, I shall take this young man for stealing the journal, and I shall take you on suspicion of receiving the same; and I will search your shop"—in searching the shop these two wrappers were found—I said to Beard, "These are ours, George"—Carter said, "Yes, they came round the journal"—as they were going along to the station, he and the policeman were talking together, and Carter said, "It was not this little one—(meaning Andrews, who had gone on before in custody of another policeman) I bought these of, but he was with him."
Cross-examined. Q. Do you know whether Arnold is partial to music, or whether he attends any concerts? A. I do not know anything about him—Beard is superintendent of the machines—he is also the landlord of a public-house in Fetter-lane—his wife carries on that business, I presume, as he is in business daily—I never go there—I cannot say whether he gives concerts there—the 8500 copies which went to the binders were not wet, they had been hung up in the air for four or five hours, and were partially dry—I am sure these had never been done so, there are no mould marks on them—I should certainly say these were never on the lines at all—if they had been they would have been more dry—I would not positively swear it—I cannot myself swear that these formed no portion of the 8500—there are about 200 persons employed in the factory—these
wrappers are not common pieces of brown paper—they are peculiar wrappers, which come from Scotland with the paper—there is no mark on them, but we only have that sort of paper in the house, which comes from Scotland—I cannot say whether other places have wrappers like them.
Carter. Q. Was there any one else in my shop? A. did not see any one else—a Mr. White came in afterwards—I think he was in conversation with you while we were searching the shop—I did not say, "I think these are our wrappers"—I put them on the counter, and said to Beard, "Here, George, these are ours"—you said, "Yes, they came round the journal"—I said, "I know it"—these were the only two there—the policeman pulled a lot of rubbish out, and said, "Are any of these yours?" and I said, "No"—you said, "There is nothing there belonging to you, but you may take them if you think proper."
GEORGE DUERDIN . I am a warehouse lad in the prosecutors' printing-office—I, came for 5000 copies of the journal, No. 528, to he sent to Mr. Bone—I afterwards counted 3500 more—they were all counted up in quires, folded over once, and put in bundles of one thousand each.
THOMAS LAWRENCE . I am in the employ of Messrs. Orr, the publishers of the journal—none of the No. 528 went out from our place on Wednesday, the 9th of March, in an unfolded and wet state as they come from the machine—it is quite impossible—some did go out on the Wednesday, folded, but none in hundreds half folded and damp.
Cross-examined. Q. I suppose you were not at home the whole of the day? A. No—there are seven or eight persons on the premises—I generally arrive on the premises about nine o'clock in the morning, and leave at eight at night—I did so that day—I went out to dinner at one o'clock—I sometimes have out-door work to do—I cannot say whether I had that day—I will not swear I had not—I was gone about an hour and a half to my dinner—I take my tea on the premises—I am obliged to leave the warehouse occasionally, and leave it in the care of other persons.
MR. CLARK SON . Q. What portion of this publication came to your house on the day in question? A. We received 10, 400 on the Wednesday evening—they were all in a folded state—we never receive them unfolded, like these produced by the officer—all that came to us were folded and partially dry.
WILLIAM THOMAS BONE . I am in partnership with my father, in Broadway, Ludgate-hill. On the morning of the 7th of March I received 5000 unfolded copies of No. 528 of Chambers's Journal from the prosecutor's—on the 9th I received 3, 100 more in an unfolded state—they were all folded before they left our premises—these produced formed no part of them.
GEORGE BEARD . I am a printer; I am also a publican, but my wife manages that business for me. On Wednesday evening, the 9th of March, I was in the machine-room where it was Andrews's duty to be working—I missed him from the room about ten minutes past seven o'clock that evening—he returned about five or ten minutes to eight, I cannot say to five minutes—he had no right to be absent without my knowledge—I afterwards accompanied the officer to Holywell-street.
Cross-examined. Q. Where does Andrews live? A In the same
street as the office—he has frequently been absent without my knowledge—I do not know whether he has gone to his father's—he has been at my public-house two or three times—we leave off work at eight o'clock at night—Andrews and I never went to my place together—he has come in occasionally of a Saturday evening—that is the only time I ever saw him there—be never drank there with me—I do not give concerts there—we have what the printers term an "auxiliary" for the benefit of a building-fund for aged printers—we have no music—we have a little harmony—Andrews has sung there—there are no ladies admitted—Andrews's sister has never been there.
Carter. Q. What took place when you came to my shop? A. Weston asked if you had got any Chambers's Edinburgh Journal—you said no—he asked if you ever had any—you said no—he said, "Are you quite sure you never had any?"—you said, "Yes, I am"—he said, "Did you never sell any to a neighbour?"—you said, "No"—Weston said, "I can prove that you have," and he sent over the way to Mrs. M'Arthur's—a young man, who, I believe was the shopman, came over with this bundle, containing four quires—Weston asked him where he bought them—be said, "Here"—he asked who of—he pointed to you and said, "That man"—you then said, "Oh, yes, I have sold some, but it was only on commission"—I swear you said so—I heard nothing else pass between you and anybody else.
GEORGE WESTON . I am a policeman. On the Thursday evening I went to Carter's house, in Holy well-street—I was in plain clothes—I have heard the account given by Beard of what passed between myself and Carter in the shop—it is quite correct—I received from Mrs. M'Arthur the four parcels I have produced—they were unfolded, just as they are now.
Carter. Q. What took place between you and me? A. When we first came into the shop you asked what I wanted—I said, "Some Chambers's Edinburgh Journal"—you said, "I have not them"—I said, "Did you ever have any?"—you said, "No"—I said, "You are sure of that?"—you said, "Yes"—I said, "Did you never sell any of them to any body in the street, any of your neighbours?"—you said, "No"—I said, "I will prove that you have," and told Humphreys to go over the way—they brought the journals, and after that you admitted that you had sold them on commission—on our road to the station you said, that, previous to this, Andrews and another had been to your shop, and asked you to take some of the Journals; that Andrews was not the party who brought them, but the other man who came with him.
Carter's Defence. On the 3rd of March a young man came into my shop and asked if I dealt in weekly publications; I said I did not, and asked what publications they were; he said, "Chambers' Edinburgh Journal;" I said I did not do anything in it myself, but I would make inquiry; I asked where he lived, he said, in Water-lane, Fleet-street; I said, if he brought me a sample I would inquire in our street of the publishers, who lived there, whether they would like to purchase them—on the Friday I went over to Mrs. M'Arthur and asked her if she dealt in "Chambers Journal;" she said she had done a little; I said, a party had offered to supply me with them at 1s a dozen, and asked her if that was the price—said that was about the price, as far as the could recollect; I asked if she would like to make a purchase of some; she said she
could not say till she asked her customers; she asked me if they were the right sort; I said I was not aware, I would get her one; I went and fetched one to show her; she said they were right, and what she had been in the habit of having before; nothing more passed till Saturday, when I called over and asked if she had asked her customers; she' said she had, and they were all supplied with journals for that week, but the following week she would have some of me; on Monday I went again and asked if she bad made up her mind; she said she had, she would have some, and would let me know how many; I went over on Wednesday morning, she said she would take one hundred journals, and asked me if that was the lowest price; I said I believed it was, but I would inquire; I directly went over to the young man, who was then at my shop, to make inquiries; he said that was the lowest; I was to have 6d. a hundred for selling them; she gave me an order for one hundred; on Wednesday evening, about ten o'clock, the journals came wrapped in a piece of printed paper; I said, "It is late, I thought you were not coming;" he said, "The wetness of the night prevented my coming before;" I took them over to Mrs. M'Arthur; she never objected to the quantity; she asked how many there were in a quire; I said I could not tell; she counted and said there was twenty-five, which was one less than she generally had in the trade; she counted them all over; I said, "There is one hundred and seven, and the odd seven will do to make up;" she asked if she should pay me that night or next morning, or give me a note of hand for it; I said there was no occasion for that, knowing her to be a neighbour; next morning the young man called to know if I wanted any more; I went over and asked Mrs. M'Arthur; she said she should like to hare another hundred, and she would pay me when the other hundred was brought; she sent over in the afternoon to see if they had come; I said I had not seen the young man; I went to find his address, but was unable to do so, and could not procure her the other hundred; nothing more passed till the policeman came and asked if I had any "Chambers' Journals;" I said "No;" he asked if I had ever sold any; I said, "No;" he asked if I had had any; I said, "I have had some, I have not sold any, I have merely sent over the way to sell on commission;" he sent the young man over the way and fetched some over; I said there was no occasion for him to fetch them; I knew there were some there; he directly said, " What does this young man do in the shop;" I said he came to buy some music; Mr. Beard then spoke to him, and while he was doing so, Mr. White, a printer, living in the street, came into the shop; he said, "This is a bad job, especially for a neighbour; it was through me it was found out," and Mrs. M'Arthur says it was through her that it was found out; Mr. White asked the policeman if he was at liberty to speak to me; he said, "Certainly;" Mr. White asked me if I knew the party who brought the journals; I said I should do so, and if they only waited a little longer I had no doubt the party I had the others of would be there that night, but on account of our going to the station I never saw the party—as we were going to the station the policeman asked me what sort of a young man it was; I said he was taller than Andrews; he asked whether he had whiskers, and how he was dressed; I stated as well as I recollected, only seeing him once or twice; I did not say Andrews had been in the habit of coming with him; I said one evening, while the
young man was in the shop, Andrews came in; he was only in the shop a few minutes, but before he left he did speak to him, and I thought by that he might know him; if it had not been for what Mrs. M'Arthur said to me, I should have had nothing to do with the journals; it was through her advice that I had anything at all to do with them.
(Thomas Sim gave Carter a good character.
) ANDREWS— GUILTY . Aged 20.— Transported for Seven Years.
CARTER— GUILTY . Aged 28.— Transported for Fourteen Years.
Fifth Jury, before Edward Bullock, Esq.
1327. ELLEN YOUNG and CAROLINE NEIL were indicted for stealing, on the 1st of April, 1 watch, value 4l.; I watch-guard, value 1s, 6d.; 1 handkerchief, value 1s.; 2 half-crowns, and 9 shillings; the property of John Henry Childs.
JOHN HENRY CHILDS . I am a seaman, lodging in Limehouse-hole. On Thursday night, the 1st of April, I met Young near the Highway—I had never seen her before—I went home with her to a house—I do not know the house—I had never been there before—I saw Neil there the same night—we had some bread and cheese and ale—Neil's mother brought it—after that I was left with Young—I had a watch, 14s., and a silk-handkerchief—the 14s. were in my right waistcoat-pocket—my watch was lying on the table in the room, and my clothes were on a chair in the same room, by the side of the table—I went to bed with Young, and was there all night—she went to the door for the purpose of fastening it before we went to bed—I do not know whether she did fasten it—I put my watch tinder my pillow when I went to bed—about half-past eight I got out of bed and partook of what bread and cheese and ale there was left—I looked at my watch and it was half-past eight—I counted my money and it was all right—I went to sleep again for about half an hour—I then awoke and missed my watch, chain, and handkerchief, and money—Young was standing in the room in a state of intoxication—she was dressed—I asked her what she had done with my watch—she said she had pawned it—I asked her what she had done with the money out of my waistcoat-pocket—she made no answer—I said I should give her in charge—she said I might do my best, I might do as I liked—I got a policeman directly—I know nothing of Neil, only seeing her with her mother the night before—I do not think she had any hand in it—I gave Young in charge—this is my watch, and this is my handkerchief, which was in my pocket that night.
WILLIAM CARPENTER . I am shopman to Richard Carpenter, a pawn-broker, in Charles-street, Back-road, St. George's. Between nine and ten o' clock in the morning of the 1st of April the two prisoners came into the shop—Neil produced this watch, and wanted 7s. on it, which I advanced—have known the prisoners before, and have no doubt about their persons—I have known Neil two years, by her pledging at our shop—I should not have received the watch of Young.
WILLIAM KEELEY . I am a policeman. I was called to a house in Bluegate-fields, and the prosecutor gave Young into my charge—I asked her what she had done with the watch—she said she had pawned it for 7s.—she gave the duplicate—I asked what she had done with the handKerchief—she said, "He put it round my neck"—I took the handkerchief off her neck, and asked what she had done with the money—she said she knew nothing at all about it—I apprehended Neil the same evening.
Young's Defence. When I went to pawn the watch I met neil; she asked me where I was going to; I said, to pawn the watch; I asked her to go with me, and that is all she knew of it—I had met the prosecutor in the Highway, going into a public-house; he asked me where I lived; I told him; he asked to come home with me; I said he might if be liked he said he had no money, would I trust him till morning; I said I did not mind; he said, "You can have my watch for 5s.;" it was too late to pawn it that night, and I left it till the morning; he had bread and cheese and beer, which came to 2s., which made it come to 7s.; the handkerchief he put round my neck that night, because it rained, and I put it on my shoulders in the morning.
YOUNG— GUILTY . Aged 25.— Confined Six Months.
NEIL— NOT GUILTY .
CHARLES LAWRENCE . I am a linen-draper, and live in Norfolk-place, Lower-road, Islington. I had thirty-two yards of printed cotton on the 31st of March, which I had seen in the course of the morning, hanging inside the door, near the door—I missed it between two and three o'clock—it was brought to my shop immediately after, with the prisoner, by a young man living next door—he is not here.
ENOCH MARSHALL . I live in Lower-street, Islington. On the 31st of March, between two and three o'clock in the afternoon, I saw the prisoner and another by the side of Mr. Lawrence's shop window—the other one snatched the piece of print from the door, and gave it to the prisoner, who was not above a yard or two from the other—the prisoner buttoned it under his coat, and ran away, and the other also—the prisoner was stopped by the man next door, and taken back into the shop, with the print on him—I ran after the other, but lost sight of him.
EDWIN DUNSTAN . I am a policeman. The prisoner was given into my charge—the cotton was taken from him before I came—I saw no other lad running—I asked the prisoner if he knew any thing of the other lad—he said, "No."
Prisoner's Defence. I was looking after a situation, and passing the shop another lad shyed the cotton on my shoulder; I took it up, and the person next door came and laid hold of me; I never offered to run away; I did not know where it came from; I turned, and saw another man running, with a brown coat on.
GUILTY . Aged 18.— Confined four Months.
JANE CHANDLER . I am in the service of Henry Whitton, of Gower-street. On Tuesday, the 24th of March, there was a knock at the door—I answered it, and saw the prisoner—he asked me for a tuscan bonnet to be cleaned, and said he came from Mrs. Squire's, in Tottenham Court-road—I left him below in the hall, with the door shut, and went up stairs to
make some inquiries—when I returned, he was gone, and had shut the door—I missed from the hall an umbrella belonging to Mr. M' Carthy, who was visiting at the house at the time—I opened the street-door, and saw a boy, named Stanton, and the prisoner—neither of them had the umbrella—I told the prisoner to stop—he ran away—I could not leave the door—I asked Stanton to run after him—a policeman came p shortly after, with another boy, and the umbrella—he was taken to the station—I am sure the prisoner is the boy who came about the bonnet—I knew him perfectly well again..
JOHN SIMS HANCOCK (police-constable E 38.) On Thursday, the 24th of March, I was in Grafton-street East, near Gower-street, between five and six o'clock in the afternoon, and saw the prisoner, and two other boys, named Stanton and Cooper—I saw Stanton go to the door of No. 27, Grafton-street East—he appeared to be answered by some one from the area—he then went away, and joined his companions—they then went down Gower-street—I did not see to what house they went—I afterwards saw Cooper and Stanton waiting outside No. 27, Gower-street, walking up and down by the door several times—I went to the corner of Store-street, and watched them—in a moment afterwards I saw Cooper running along Store-street, with an umbrella in his hand—I ran after him, and caught him—he dropped it, and said, "It was not me, it was not me, I did not do it"—I took him and the umbrella to the house where Chandler was—I did not take the other two boys.
PETER STRANGE M'CARTHY I live in Montague-street, Russell-square—I was in this house in Gower-street, on the evening in question—I had my umbrella with me—I left it in the hall when I went into the drawing-room—a few minutes afterwards I heard a noise in the hall—I came down stairs and saw a boy in custody of a policeman, who had the umbrella in his hand—this is it, it is my property.
Prisoner's Defence. I had a place in Rathbone-place—these two boys came and persuaded me to leave it—I left it to go along with them—I have no friends.
GUILTY . Aged 16.— Transported Seven Years.
1330. JOHN READING and JEREMIAH HURLEY were indicted for stealing, on the 30th of March, 37 feet of lead pipe, value 18s., the goods of William White; to which READINGpleaded GUILTY . Aged 25.— Confined Six Months.
RICHARD CURTIS . I am in the employ of William White, who lives in a cottage in Morpeth-street—I live in King William-street, Bethnal-green. On Wednesday, the 30th of March, about twelve o'clock, I saw the prisoners at the end of Morpeth-street, where we were pulling some of Mr. White's buildings down—as I passed I asked Hurley how he did—I had worked with him about a fortnight—I passed on and took no further notice.
ISABELLA LOUISA WHITE . I live with my brother, William White, at the cottage in Morpeth-street. On the 30th of March, about four o'clock, I went from the cottage along Morpeth-street—I saw Reading cross the street near the cottage with some lead pipe on his shoulder—my brother had some of that sort of pipe in the cellar of the cottage—I went
to the buildings—about a quarter of an hour before that, Hurley had come and asked my brother for the loan of a shilling—I gave information to my brother, and after that I saw Hurley again—he then had this lead pipe on his shoulder—I said, "Where is the man that stole the pipe"—he said "Your brother is after him."
WILLIAM WHITE . I live at the cottage in Morpeth-street. On Wednesday, the 30th of March, at four o'clock in the afternoon, in consequence of information from my sister, I went in pursuit of Reading—I saw him carrying this lead pipe up West-street—I turned round the corner of West-street and saw Hurley receive the pipe from him, and put it on his shoulder—I turned round the corner of West-street—they did not see me for a moment till I got quite close to them—I heard Hurley say to Reading, "Tom, run for it"—he said so three or four times—he then said, "For God's sake do run"—Reading then ran, and I after him—the lead was left in the street—I did not see it again till it was at my house-one of my men came up—I followed Reading into Charles-street and caught him—I sent one of my men for a policeman while I remained with him—Hurley brought the pipe from the street to my house—I saw him at my own house—he did not say anything—I gave him in custody—I had seen this lead safe about two o'clock in the afternoon—this is my property.
Cross-examined by MR. PHILLIPS. Q. When you pursued Reading, did not Hurley remain standing quiet? A. Yes, and remained standing—he did not to my recollection tell me that he had taken the lead to my house—I was examined before (looking at his depositions)—this is my signature—(read)—"he told me he had brought the lead back"—I do not recollect his saying that.
SIMON WILSON . I am a policeman. Hurley was given into my custody by Mr. White—he said he was not the man that stole the lead—I told him to make no confession to me, whatever he said would be given in evidence against him—he then said he only helped the lead off Reading's shoulder, and told him to run for God's sake.
(Hurley received an excellent character.
) HURLEY- NOT GUILTY .
WILLIAM BRYANT . I live with my father Dennis Bryant, in Charles-street, Drury-lane—I was in Oxford-market on Tuesday evening, the 29th of March, and saw the prisoner—I did not know him before—I had some radishes and onions with me for sale—he said, "Have you got change for a shilling?"—I said, "Yes"—he said he would have a pennyworth of onions—I gave him the onions, a sixpence, and five pence in coppers—he gave me a bad shilling—I put it under my cloth and he ran away—I ran after him and he was caught—I lost sight of him in turning the corner—he was taken—it was my father's money that I gave him.
JOHN BODDEN . I am a carman, and live in King-street, Wobourn-square. On Tuesday evening, the 29th of March, I was in Marlboroughmews, near Oxford-market—I heard a cry of "Stop thief," and saw the prisoner running down Marlborough-mews, and saw two or three persons stop him—I saw him throw down two bundles of onions—another man picked them up—the prisoner was taken out of the Mews—I afterwards
saw him in custody at Marlborough-street—he was the same man as I saw running.
JOHN SIMS HANCOCK . I am a policeman. On the 29th of March I was in Marlborough-mews—I heard the cry of "Stop thief," and saw the prisoner running—he was stopped—I went up and he was in custody of three men—I took him into custody, searched him, and found fivepence in halfpence, a snuff-box, seven duplicates, a broken knife, a bunch of keys, and a purse—he said nothing that night—the next morning at the office I told him what I had got of his—he said, "Have you not got the six-pence?"—I said, "No, I have not."
Prisoner. I asked what you had got of mine; you told me; I asked whether there was not a 6d. t I meant was there not sixpenny worth of halfpence. Witness. I do not know what you meant—you asked if I had not got a sixpence, I said no.
Prisoner's Defence. I was going down Marlborough-street; I was stopped; I never saw the boy till I was given into custody.
GUILTY . Aged 22.— Confined Three Months.
JOHN DARCY . I live with my father, in Gore-lane, Kensington. On the morning of the 7th of April, I was in my father's cart, and on turning into Gore-lane, by my father's yard, I saw the prisoner, and watched him—I saw him stoop down towards two pewter pint pots which were on the ground near the door of a house in Gore-lane—he saw some persons coming, turned away from them, and walked a little farther where there was a pot on a shelf over the door of a house—he turned his back to the door, looked up and down the lane, then pulled the pot down, put it into his hat, and put his hat on—I went and gave information to Mr. Harvey who keeps the Hind's Head public house—he went with me after the prisoner—we found him just down the lane—when be saw us running after him, he made a bit of a run—he turned round a little opening between two houses, and came out again—he was not there an instant—I found this pint-pot up against the wall, round the corner where he had turned.
RICHARD HARVEY . I keep the Hind's Head public-house, Gore-lane. In consequence of information I received on the 29th of March, I went after the prisoner with Darcy, down Gore-lane, and saw him walking—when he saw us running after him, he ran a little—I saw him turn the corner—I followed him, and saw the pot was lying in a space between two houses where there was a doorway—this now produced is it—it is mine.
prisoner. I never saw the pot before—the publican came up, and said he wanted me; I said I was willing to go with him; as we were going by the turning, the boy said, "This is the pot, and picked it up."
Prisoner. Q. Did not I offer to take off my hat directly you laid hold of me? A. You said you would go with me—the parties who live in the house where the doorway is, I never supply with beer.
GUILTY . Aged 22.— Confined Three Months.
ANN MUNDAY . I am the wife of James Munday, and live in Church-street, St. Giles's. On the 26th of March, I went out about half-past seven o'clock in the evening, and padlocked the door—when I came home the padlock was undone, the box opened, a quilt gone from the bed, and an apron from a chair in the room—I had seen them safe in the room about an hour before I went out—these now produced are them.
ROBERT HIBBS . In consequence of information, I took the prisoner into custody in Monmouth-street, offering a gown and three shifts for sale,—the next day she was taken before the Magistrate—Buckley brought the quilt and apron, and gave them to me.
MARY ANN BUCKLEY . I am the wife of William Buckley—I deal in old clothes, in Monmouth-street. On Saturday night, the 26th of March, the prisoner came, and offered me the apron for sale—I gave her 2d. for it—a few days after, she sold me the quilt for 3d.—I afterwards delivered them to the policeman.
Prisoner's Defence. I was not near the place; I was in Newport market from six o'clock till half-past twelve.
GUILTY . Aged 18.—
MARY ANN GROVES . I am a widow, living in Monmouth-street. I have a room in a lodging-house—I went out on this night three weeks, at eight o'clock, and locked my door with a padlock—I returned about half-past ten, found the padlock off the door, my room in confusion, and missed a cap, a bonnet, an apron, a black silk handkerchief, and a half handkerchief, two pieces of blanket, a bed-quilt, two shifts, and a petticoat—they were quite safe before I went out—I found some lucifer matches on the table, some burnt, and some not burnt—they were not there when I went out—I saw my bonnet the day after, banging up for sale a few doors from where I live—I told the person the bonnet was mine—this is my bonnet, blanket, and quilt produced.
MARY ANN BUCKLEY . I am the wife of William Buckley, a painter and glazier. I deal in old clothes. Between eight and nine o' clock on this night three weeks, the prisoner came to my shop with two pieces of blanket, which I gave her 7d. for—she went, and returned again within half-an-hour, and offered me this bonnet, and a mourning-cap with it for sale—she asked a shilling for them—I did not purchase them—a few days afterwards she sold me a piece of patchwork for 1s. 2d., and she told me she had exchanged flower-pots for the things—I took these pieces of blanket to Marlborough-street as soon as I beard of the robbery.
Prisoner's Defence. I did not offer the woman the bonnet; she was not at the office; it was a man who said he knew me by my black bonnet; I had no black bonnet.
GUILTY . Aged 18.— Transported for Seven Years.
THOMAS SMITH . I keep the Coach and Horses, public-house, in High-street, Shad well. On the 1st of April, the prisoner came to the front of my bar, and called for half-a-pint of beer—my wife served her—I took notice of her—she sat on a bench, and put the pint-pot by her side—she sat some time, and drank the beer, and then carried the pot out of the house under her cloak—my boy ran after her, and caught hold of her—I was close at his heels—I got hold of her as soon as he did—I took the pot from her, and took her to the station—I told her she had stolen it—she cried, and made no reply—this is my pot, and the one I took from her.
Prisoner's Defence. I was not going to take the pot, for I had not drink my beer; it was in the pot when he took me. Either Mr. Smith or the lad threw my beer away. I went to the door to speak to a person who was going past.
JURY. Q. What distance from the door did you overtake her? A. I think about two yards—she turned to the left—I have lost a great number of pots—she was a casual customer—I do not know where she lives.
GUILTY. Aged 63.—Recommended to mercy by the Jury. — Confined Three Months.
(There was another indictment against the prisoner.
WILLIAM CHILLINGWORTH . I am clerk to Benjamin Worthy Horne and Wm. Chaplin, carriers, and live in Hart well-street, Hampstead-road. I attend to their business at the railway-station, Camden-town—the prisoner was a carrier in their employ for about a month—it was his duty to go out with the cart and deliver goods, and receive the money for them—he took a book with him, in which entries are made of the goods he took out, and the amount he receives on those goods—he enters nothing himself—a clerk is employed for the purpose—the clerk does not go with the cart—he delivers the book to the prisoner—he carries the book with him with the entries ready made, and the person he delivers the things to signs that they have received it—the entries of the goods are made by the clerk—on Monday afternoon, the 28th of March, he went out with goods to deliver, and the book—I do not know what he had to deliver, except from the book which I have here—he had to go to Brixton-road—he ought to have had a ticket delivered to him—there was a carman with him named Crook—it was not the prisoner's duty to pay money unless for tolls or any thing like that—when he received money for the things he delivered, it was his duty to pay it to me when he came back—he came back that evening about eleven o'clock and delivered me this book—I find on the 28th of March, that there was an entry of 17s. l1d., but it has been erased—
here is the remains of it—it was for the carriage of a crate of crockery from Stafford—that entry was made by Shelly the clerk, whose business it is to make the entries—I know his handwriting—the prisoner ought in have received the money, and accounted for it to me—when he came back the 17s. 11d. was erased—I asked him if he had received the money on this crate—he said, "No"—I said I was certain he had—there was always a charge on these goods, and if he did not pay me, I should give him in charge to a policeman—he denied it—17s. 11d. is the right charge we made no charge of 2s. 6d.—that has been added by some person—we received a good character with the prisoner from Messrs. Sturland.
JANE SCOTT . I am the daughter of James Scott, who keeps a china and earthenware shop in Corner-place, Brixton-road. On Monday afternoon, the 28th of March, the prisoner brought a crate of earthenware to our shop—he gave me this ticket, on which 17s. 11d. is marked, and 2s. 6d. cartage—I gave him a sovereign, a fourpenny-piece, and a penny—he gave me this book to sign my name to it, and I did so—my name is here now, but not the sun—the 17s. lid. was where I signed my name—he went away, returned in about twenty minutes, and said I had not paid him—I told him I had, and the way in which I had paid him—he asked me to return the ticket to him—I said I would not return it, as it was a proof of the payment—my father came in—the prisoner said at first he thought he had lost the money, but he recollected I had not paid him afterwards—he said he had a hole in his pocket—he pulled it out and showed it to my father—it was in his left-hand pocket, but he said he did not put it in there—he came back afterwards, and staid an hour and a half—he said we wished to defraud him of the money, and said a great deal, and made a great noise—I am quite sure I paid him.
BENJAMIN CROOK . I am in the prosecutor's employ, and live in How ard's Green, City-road. On Monday, the 28th of March, I went out with the prisoner as carman—I went to Mr. Harvey's, No. 4, Webber-street, Blackfriars-road, and the prisoner went down the London-road—in the meanwhile I delivered a trunk at Mr. Harvey's, and received 3s. 6d. for it—Mr. Harvey signed the book, and I gave the 3s. 6d. to the prisoner when he returned to me—he was the person to receive the money—I afterwards went with him to Mr. Scott's, in Brixton-road—the prisoner took in a ticket with him—he came back to the cart and took his book in with him—on his getting into the cart I heard something rattle-what it was I cannot say—he stooped, picked something up, and said to me at the time that it was three halfpence—he got into the cart, and went through the turnpike, just by Kennington Cross—when we got there, he said all of a sudden, "I have lost my money"—I said, "You can't say that"—he said, "I have"—he searched the bottom of the cart, felt his pockets, turned his left-hand trowsers pocket out, and there was a hole in it—he left me, saying he was going back to Mr. Scott's—he was gone about three quarters of an hour—I waited against Horsemonger-lane at a public-house—before we got there he said he would return again to Mr. Scott's—I said, if he did, I had a long round to go, I must go on without him—we went into a public-house and had some beer, and staid there five minutes—while we were drinking the beer he said,"Do you think it would be the best way to scratch it out?"—I said, I was sure it would not, and if he talked about that I should start without him—I went, and
finding he did not follow me, I returned to the public-house—I found him not where I left him, but in the tap-room, in the act of scratching out the money with a table-knife—I then left him.
Prisoner. It was not the money I was scratching out, it was a blot of ink.