CENTRAL CRIMINAL COURT.
SEVENTH SESSION, HELD MAY 9TH, 1842
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the Queens 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, May 9th, 1842, and following Days.
Before the Right Honourable Sir JOHN PIRIE, Bart., LORD MAYOR of the City of London; the Right Hon. Thomas Denman, Lord Chief Justice of Her Majesty's Court of Queen's Bench; Sir Edmund Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Matthew Wood, Bart.; Matthias Prime Lucas, Esq.; William Thompson, Esq.; William Taylor Copeland, Esq.; Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; John Lainson, Esq.; Michael Gibbs, Esq.; John Kinnersley Hooper, Esq.; Sir James Duke, Knt.; and Thomas Farncombe, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriflf'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. SEVENTH 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, May 9th, 1842.
First Jury, before Mr. Recorder.
WILLIAM AYRES . I am shopman to Thomas Robinson, pawnbroker, of Charlton-street, Somers-town. On the 7th of April we had some shawls hanging on the door for sale—I found two had been pulled down—I found one tucked into a pair of steps, and the other was gone—in consequence of information, I went into the street, and met the prisoner in the New-road, about a quarter of a mile off—I asked what she had under her shawl—she did not say anything—I pulled up her shawl, and found master's shawl wrapped in an old waistcoat—she said a young woman gave it to her—I bad seen it safe ten minutes before—I found her with it in about five minutes—I had not seen her in the shop.
ELIZA MILDERN . I live at No. 1, York-buildings, Charlton-street, about a hundred yards from Robinson's. On the afternoon of the 7th of April, about half-past three o'clock, the prisoner came to my door, stood there a few minutes, then stooped down, stood up again, and dropped this shawl behind her—she turned round—I pointed to it—she stooped down, took it up, stood a few minutes longer, and then walked away—I saw her in the prosecutor's shop, about five minutes after, in custody.
Prisoner. Q. Did not I say I was looking for a female who had just given me the shawl? A. She said a young woman gave her the shawl to hold—when I pointed to the shawl she had dropped, she stooped down directly and took it up.
(Property produced and sworn to.)
(The prisoner put in a written defence, stating that a woman had put the shawl on her arm, wrapped in a waistcoat, saying, "Take this," went down a court; the prisoner followed, but not finding her, let the parcel fall; upon the witness coming up and showing it to her, she took it up again, and said a woman had given it to her; that several persons had pointed the woman out to the prosecutor, but he would not take her: upon several persons
saying they saw the woman give her the parcel, he told her to go about her business, and on leaving the shop the policeman took her).
WILLIAM AYRES . re-examined The prisoner said at the shop that another young woman had given it to her—nobody said in my hearing that they had seen it given to her—one girl went to the station and said she saw a young woman run away, but did not say she saw her give it to her—I had not seen the prisoner at my shop.
ELIZA MILDERN . re-examined She dropped the shawl and paused, then took it up and immediately said a young woman gave it to her to hold—she did not point out the direction in which she had gone—there was nothing to prevent her going away—she stood about two minutes after picking it up before she left—I saw a waistcoat in her hand—it was not wrapped in the waistcoat when it fell—I cannot say whether it fell out of the waistcoat—it fell behind—when she picked it up she tucked it under her shawl—I cannot say whether she put it into the waistcoat or not—she stood a minute or two, and then walked slowly down a court—she appeared to be looking for somebody.
JURY. Q. Did anybody say a woman had given her the shawl at the time? A. Not in my hearing, till we got to the station, when a young girl said she saw a person give it her.
HENRY EMBERLY . re-examined The witness came to the station to fetch me to take her—a young girl came to the station with her, and said she saw a young woman give her the shawl—we wanted her to go before the Magistrate, but she would not.
NOT GUILTY .
SARAH MYERS . I am the wife of Moses Myers, of High-street, Shadwell. On the 24th of April the prisoner brought me the advance note for 10l. now produced—I had cashed a 4l. note for him three months before, and he did not go into the vessel—I said to him, "How is it to be between me and you? I hope you will behave honourably"—he said he would—he said I should take the 4l. note from the 10l., and he would allow me 1l. for having waited for the 4l. that would leave 5l.—he said he would have 2l. in money and the remainder in clothes—I said I would give him 10s.—he said that would not do, he must have a sovereign—I told my daughter to give him a sovereign, which she did—I then said to him, "Douglas, sign your name at the back," which he did—he said he was going to the ship then as chief mate, on board the Madras, at 5l. per month—he came to me next morning—I asked why he did not go on board—he said it would be time enough to go at three o'clock in the afternoon, if I would let my boy carry a parcel for him into the City—I said he should—he said, "You must let me have some more money"—I said, if he waited till the boy returned he should have it; and while he was waiting, my daughter came in with the note, and said, "Here, mother, the gentleman has forged a note upon you"—he flew over the counter—I caught him by the collar, and told him that out of my hands he should not go—my daughter called a policeman, and I gave him in charge.
Cross-examined by MR. PHILLIPS. Q. How long had you known him? A. Rather better than three months—I did not know where he was living
—I know a young man named Barrow—I never knew him to be a seaman—the prisoner first called with this note on Sunday the 24th—he came again on Monday morning—he had often called promising to pay the 4l.—my business is cashing notes, and my husband is a pencil-maker—(the note being read, engaged to pay 10l. three days after the "Madras" sailed, provided William Douglas sailed as mate in the said vessel. Signed ROBERT SLACK, and payable at R. Forbes's, Old Broad-street.)
ROBERT SLACK . I am master of the Madras lying in the London Docks. This note is not my handwriting nor signature—I never authorized it to be written—Mr. Forbes, Jun. was broker of the ship—the prisoner did not belong to the ship—I had partly agreed with him as second mate about six weeks ago, but he was not engaged, and had no advance-note issued to him—he had not worked on board the ship—this note is in the usual form of advance notes, but we never allow them to be signed by anybody but ourselves.
Cross-examined. Q. When was the ship to sail? A. She is not ready yet—the prisoner had been several times on board the ship, but I think not for three weeks before this happened—it was open for him to come again.—I had not finally rejected him.
GUILTY . Aged 22.— Transported for Seven Years.
1421. MARY ANNE MARIA COOPER and ELIZABETH WILSON were indicted for stealing, on the 8th of April, I sovereign, I half-sovereign, 3 shillings, and a sixpence, the monies of Andrew Wyness, from his person.
ANDRE WYNESS . (police-constable D 43.) On the morning of the 9th of April, a little before three o'clock, I was in plain clothes—I met the two prisoners and another female on the pavement in Holborn, near the end of Dean-street—my hands were both in my trowsers pockets, one in each pocket—I was walking along very deliberately, being very tired—Cooper laid hold of my left arm—her left hand was on the top of my arm, and her right hand under it—I shook her off, told her to go on and leave me alone—she did not do so—I took my hand out of my pocket and pushed her off—as I pushed her I felt her hand at my pocket—she then ran away, and another female with her—I then put my hand into my pocket, and found it was quite empty—I had felt my money in it before I met them—I had a sovereign, a half-sovereign, and 3s. 6d. in silver in it—they ran up Dean-street—I ran after them—I caught Cooper, and told her she had got my money—she said she had not—I said she had given it to the other female, and she must go and find her—she said she would not—she began very bad language, and striking, kicking me, and tearing my clothes—I held her as well as I could, and called the police—as I was doing so Wilson came up, laid hold of her, and told me to let her go, that she had not got my money—she was one of the three that came up at first—I kept hold of Cooper and called out till a policeman came—I gave her into custody, and she was taken to the station—she was searched, but had no money—the sovereign and half-sovereign 'had been in a piece of paper in my pocket—I saw that piece of paper found before four o'clock on the spot where the scuffle
occurred in Dean-street—it was about a quarter of an hour after getting to the station.
Cooper. Q. Did not you meet me at the corner of Red Lion-street; I walked with you to Dean-street, and you pulled me about in a very disgraceful manner? A. I never touched her—I had my hands in my pockets—at the Police Court, at eleven o'clock the next day, previous to going into the Court, Wilson said she would send me 10s. of the money again if I would give her my address—she said, "I will send you 10s., we thought you were a gentleman, or we would not have done it"—I said, "No, I will have nothing to do with that"—I am quite certain I did not throw the money out in taking my hand out of my pocket—it was in my hand when they met me, till I let go of it to put my hand out to push her away—I pulled my band out quite deliberately and pushed her off, then felt her right-hand at my pocket, while her left-hand was. on my arm—I positively swear it was her that took the money—the other two were close behind her at the time, both close together—she could hand it to them—it did not occupy more than a minute or a minute and a half—I was perfectly sober—I had been out for twenty-two hours.
JOHN SWARDER . I am a policeman. I assisted in taking the prisoners, from Dean-street to the station—the prosecutor was perfectly sober—I afterwards found a piece of paper on the spot where the scuffle took place. Wilson. He is not the man, I did not see him at all. Witness. I assisted in taking them.
Cooper's Defence Passing along Red Lion-street he laid hold of me. I walked arm in arm with him up Dean-street; he began pulling me about in a very indecent manner, and wanted to have something to do with me in the street. I refused, and he threw me down; finding he could not get what he wanted, he called "Police." Wilson came up to my assistance; there was no other woman there,
Wilson's Defence. I was coming along, and heard a cry of "Police." I went up Dean-street, and saw the prosecutor and female on the ground together; her clothes were in a very indecent manner; I pulled them down; the prosecutor had been drinking, but was not very drunk; he called the policeman. I said, "Do you think I have done any thing?" he said, "I think you know the party." I said, "If you think so, give me in charge;" the policeman took us both; he was very reluctant in doing so, the man being drunk. Next morning, seeing the prosecutor in different clothes, I said, "Are you the man that was robbed?" he said, "Yes, I would not blame any girl for robbing a gentleman, but it is a shame to rob any body in my situation; if I had a sovereign back, I would not prosecute you, as it may disgrace me in my situation." I said I knew nothing about it, but if it was in my power, I would willingly give him 10s. or 12s.; he said, "I don't think you know any thing about it, but you know the girl that ran away." I said, "No, I saw no girl run away."
ANDREW WYNESS . re-examined. Every word they have said is a lie—there is no truth in Cooper's being on the ground—there was nobody on the ground at all—she kicked, and I held both her arms—she kicked and struck at me—I did not say, "If I had 1l. I would rather not proceed," nor did I say I should not have cared if it had been a gentleman.
when I came up, he said she had robbed him of a sovereign, a half-sovereign, and some silver—I took them to the station—ten duplicates were found upon Cooper, and two shillings and some halfpence on the other—I saw nobody on the ground—they were standing up.
COOPER— GUILTY . Aged 24.— Transported for Ten Years.
WILSON— NOT GUILTY .
NEW COURT.—May 9th, 1842.
Fifth Jury, before Edward Bullock, Esq.
GUILTY.—Recommended to mercy. — Confined Fourteen Days.
(MR. PATVE. on the part of the prosecution, offered no evidence.)
NOT GUILTY .
GUILTY . Aged 27.— Confined One Month.
1425. JAMES CRIPPS was indicted for stealing, on the 14th of April, 7lbs. weight of iron, value 2d.; 1 sack, value 2d.; and 2oz. of horsehair, value 1d.; the goods of James Adams, his master; to which he pleaded
GUILTY . Aged 17.— Confined Three Months.
GEORGE MADDOX . I am a police-inspector. About half-past nine, on the morning of the 10th of April, I saw the prisoners at New-wharf, Whitefriars—I saw Burke lift Sullivan up into a coal barge there—Sullivan took some coals out of the barge, and threw them on shore—he then got out of the barge, and the two prisoners brought the coals up, and put them into a bag—Burke afterwards lifted Sullivan up again into the barge, and he threw some more out, which they also brought up and put into the bag—they then both walked off together up Blackfriirs—I have frequently seen them at the water side, and knew their persons.
GEORGE BRISSENDEN (City police-constable, No 322.) I was waiting on the bridge—I saw the prisoners leave the barge—they came up the steps of Black friars, and were going along Chatham-place, when the clerk of the wharf came, and gave them into custody—they were both together—Burke had got 35lbs. of coals, and Sullivan about 60lbs. in a bag—they each had a bag—the coals were wet—I gave the bags of coals up to Maddox.
BENJAMIN HUGH COWELL . I gave the prisoners into custody—I am clerk at the wharf—I was in the Temple-gardens which adjoin the wharf, and saw the prisoners take the coals out of the barge—I had given the Thames-police, instructions to watch them.
Burke's Defence. I and Sullivan were walking together, and we saw some boys putting coals in their bags; they ran away; Sullivan went up, and I followed him; he picked some coals up, and put them into a bag, and I did the same; I did not steal them.
Sullivan's Defence. I saw two boys on the barge; they filled the bags and went away, and carried them along the shore towards the bridge; they went up the bridge, leaving some coals behind; I went and put them into a bag, and got the bag full.
BURKE— GUILTY . Aged 17.— Confined Six Months. SULLIVAN— GUILTY . Aged 12.— Confined Three Months.
GEORGE MADDOX . I am a Thames police-inspector. On the morning of the 10th of April, I was at the same wharf at Whitefriars, as I mentioned in the last case—I saw the prisoner come there about ten o'clock, or a quarter-past ten—I saw him get up and lean on his stomach, on the side of the same barge of coals—he pulled a coal out of the barge, which weighed about 14lbs., and put it into a tin can—I took him into custody, with the coal and the can.
Prisoner's Defence. Another boy who was with me took the coals; the can laid nearest to me; the gentleman laid hold of me, and took me to the station; he detained me, but let him go; I never touched the coals.
GUILTY . Aged 17.— Confined Four Months.
MR. BALLANTINE. conducted the Prosecution.
JOHN CASTLEDINE . I am a labourer belonging to St. Katherine Dock. Between eight and nine o'clock on Friday morning, the 29th of April, I was employed on the second floor of the tea warehouse, on which floor there are tea-chests—I saw the prisoner take some tea out of two chests, and place it in his pockets—he was occasionally employed there as an extra labourer.
JOHN FERGUSON . I am foreman of the warehouse of the St. Katherine Dock Company. I was in the room where the prisoner was employed on the 29th of April—I received information, and caused him to be searched in my presence, and the tea was found in both his trowsers pockets—he said it was his first offence.
GUILTY. Aged 46.—Recommended to mercy. — Confined Four Months.
1429. SUSANNAH THOMPSON was indicted for stealing, on the 15th of April, 1 counterpane, value 6d.; and 2 sheets, value 2s.; the goods of John Brown: 2 coats, value 6l.; 2 waistcoats, value 10s.; 3 pairs of trowsers, value 2l.; 3 shirts, value 5s.; 8 handkerchiefs, value 7s.; 1 towely value 6d.; and 1 collar, value 6d.; the goods of John Middleton; to which she pleaded
GUILTY . Aged 28.— Confined Six Months.
OLD COURT.—Tuesday, May 10th, 1842.
Second Jury, before Mr. Recorder.
1430. MARGARET EVANS was indicted for stealing, on the 29th of April, 3 towels, value 2s.; and 1 brooch, value 35s.; and 1 spoon, value 3s.; the goods of John Matthews, her master; to which she pleaded
GUILTY .— Confined Three Months.
THOMAS JOHN JONES . I am a printer, and live at No. 3, New-court, Carey-street; I am twenty years old. On the 11th of April, about half-past twelve o'clock at night, I was in Bartlett's-passage—two persons came running down and caught hold of me—while I was trying to get away for five minutes, by speaking to them, the prisoner took my purse out of my waistcoat pocket—they had hold of my arm—I did not exactly struggle to get away—I did not feel her put her hand in my pocket, but I saw the purse in her hand—I accused her of taking it—the denied having it—I tried to get it from her—I saw the end of it in her hand—it was a green purse—it got torn—I got part of it in my hand, but did not get the other part away—I gave her in charge of a policeman—the purse and money produced are mine.
Prisoner. He met me in Holborn, he caught hold of me and took me up Bartlett's-buildings, and inside the gates, he said he lived there, and would open the door and take me in. Witness. I did not
GEORGE CULLEN (City police-constable, No. 263.) On the 11th of April, about half-past twelve o'clock at night, I was coming down Bartlett's-buildings, and heard a scuffle—I immediately went and saw the prisoner and prosecutor scuffling together—he said she had taken hit purse—he had part of the purse in his hand, and the other part was in her hand—I took her to the station—she denied having the purse, but I took it from her—there was 1s. 6d. in it.
Prisoner. He passed the gateway two or three times while we were there, and the young man had a cloak on; he said, "Here comes a policeman, let me cover your bonnet over with my cloak," which he did, and the policeman did not see us then; when you came to the gate, did not you say, "You have been committing a nuisance, and I must take you up?" A. No, I did not say anything of the sort; I had not seen them before; I had not been up to the place before; I did not see the other woman.
THOMAS JOHN JONES re-examined. I did not put my cloak over her bonnet, nothing of the kind passed—I was trying to get away during the five minutes, and then found my purse gone from my pocket—there were two women at first.
Prisoner's Defence. We were there longer than five minutes; I neither dragged him, nor he me; he walked voluntarily up the court, which leads out of the buildings into Fetter-lane; he said, "Wait a minute," and when he got me inside the gate, he said, "I have not got the key, I
cannot take you in;" he had the gate in his hand, and the policeman said, "You have been committing a nuisance, I shall take you, my lady, to the station-house;" I said I should not go without him, and then he said, "She has been robbing me of my purse."
THOMAS BENNETT . I am a labourer, and live at No. 14, Swan-street, Minories. On Thursday night, the 7th of April, between eight and nine o'clock, I was at the corner of the Minories, and saw the prisoner and another man following several gentlemen—I had suspicion, and followed them to Leadenhall-street, where they followed two gentlemen, who were walking arm-in-arm, and crossing over by the East India Company's ware-house, I saw the prisoner take a handkerchief from one of the two gentlemen's coat-pocket—I do not know his name—he retraced his steps—the gentleman proceeded a few yards, put his hand into his pocket, and turned round—the prisoner then crossed over towards Billiter-street—I went up and secured him till a policeman arrived—he dropped the handkerchief at my side—I cannot swear this is the same handkerchief, but I saw him draw something from the gentleman's pocket, which appeared to be a handkerchief—the one he dropped has two initials upon it—I was on the other side of the street, but opposite to him—I suppose the street is twelve yards wide—I could not discern the colour of the handkerchief distinctly—I had my eye on the prisoner, and the gentleman went away.
Prisoner's Defence. I was coming down Leadenhall-street; a coach was running very fast; a great many people were looking at it, and I stopped myself; I kicked against a handkerchief, took it up, examined it, and put it into my pocket; seeing nobody owned it, I went away; about five minutes after, the witness laid hold of me, and said, "That is my handkerchief you have got;" I said, "If you can describe it you shall have it;" people came round me, and he gave me into custody.
NOT GUILTY .
1433. GEORGE THOMAS EMMETT was indicted for stealing, on the 14th of April, 10lbs. weight of lead, value 1s.; and 3 holdfasts, value 1d.; the goods of Elizabeth Hughes, and fixed to a certain building.—2nd COUNT, not stating them to be fixed.
THOMAS HENRY HUTTON . I am clerk to Mr. Hammond, auctioneer, of Bell-yard, Lincoln's-inn. I know some premises at Knowl-green, Staines—they were in the occupation of Mr. Dobson for six months, but they are the property of Mrs. Elizabeth Hughes—I engaged the prisoner on behalf of Mr. Hammond to look after the premises—he was to have 18s. a week for taking charge of them, which was paid to his wife.
Cross-examined by MR. PHILLIPS. Q. He had to take care of the house
in Fitzroy-square for Mr. Hammond? A. Yes, and his wife has charge of it at present—he told me he had put his sister there—I am aware that for some time he has been in great distress from ill health—we have employed the prisoner between four and five years—he has been trusted with very valuable property—Mr. Hammond I know would not object to take him again.
EDMUND BURTON (police-sergeant D 25.) In consequence of information I received I went to Knowl-green cottage, and saw the prisoner there—I asked him if any lead was missing from the cottage, and if he had sold any—he said he had not—I took him to Mr. Spencer's at Staines, who said he was the man who had sold a quantity of lead to him in the name of Edward Williams—I took some lead from Mr. Spencer's, to the cottage, and found lead gone from an outhouse—it fitted there—the prisoner afterwards said he had stolen the lead, but was driven to it by distress.
Cross-examined. Q. I believe you have not the least doubt of that being true? A. His family were in the most abject state of distress—I assisted them myself.
THOMAS HENRY HUTTON re-examined. He had nothing for taking care of the house in Fitzroy-square, nor his wife—it is not customary to pay them, but to give them 1l. or 2l. when it is let—they live in it rent free.
GUILTY. Aged 36.—Strongly recommended to mercy. — Confined One Month.
NEW COURT.—Tuesday; May 10th, 1842.
Sixth Jury, before Mr. Common Sergeant.
GUILTY .* Aged 22.— Transported for Seven Years.
1435. ALFRED WOODMAN was indicted for stealing, on the 2nd of May, 168lbs. weight of metal type, value 10l.; 8lbs. weight of printed papers, value 1l.; and 100 coloured prints, value 5s.; the goods of John Browne Bell, his master.
JOHN BROWNE BELL . I live in the Strand; the prisoner was in my service as light porter. In consequence of information I received on the 4th of May, I went to No. 2, Neville-court, Fetter-lane, where the prisoner lives—we found him there—I charged him with taking away a quantity of type—he said he had not got it, but if I would go with him he would show me where it was placed—I went with him and another person, in my employ—in going along he ran away from me—a policeman secured him—we went back, and found 168lbs. of type at his house—this now produced is it—I believe it to be mine—I have lost such.
Prisoner. One of your men gave me these prints, a man named Blake brought them to me, and they cannot find him. Witness. I had no such man in my employ.
Prisoner's Defence. Blake brought things to me several times to get sold for him—a person named Miles had sold some.
MR. BELL re-examined. I had no person named Miles in my employ—the prisoner stated nothing about this at first.
GUILTY . Aged 18.— Confined Four Months.
1436. JOHN AMOS was indicted for stealing, on the 22nd of April, 97 1/2 yards of silk, value 13l., the goods of Wynn Ellis and others, his masters; and JOHN ELLIS , for feloniously receiving the same; well knowing it to have been stolen; against the Statute, &c.
MESSRS. PHILLIPS and CLARKSON conducted the Prosecution.
JOHN DEAR (City police-constable, No. 279.) On Friday morning, the 22nd of April, I was with Death in Warwick-lane—I know the prisoners by seeing them together for three mornings previous to Friday the 22nd—on Friday, the 22nd, I saw them together about a quarter past eight o'clock in the morning in Warwick-lane—I saw them pass each other in Ave Maria-lane—they joined each other in Warwick-lane—Ellis went first towards Newgate-street, and Amos followed him—I saw Ellis turn round several times—I saw Amos go into the Jolly Butchers public-house—Ellis followed him—I ran behind a cart, got to the door, and peeped through an opening in the door, and saw them both standing by the bar, side by side—they each had something to drink—while I was looking in, I saw Amos put his hand towards the inside of his pocket and hand a parcel to Ellis—I did not see what it was—I saw the motion of it—I am quite sure I saw something pass—when Ellis went in he had nothing in his pocket, and when he came out his pocket was bulky—when Amos went in his left-hand pocket was bulky, and when he came out there was nothing in it—they remained at the Jolly Butchers three or four minutes—I afterwards accompanied sergeant Death to Amos's lodgings—he gave his address at the station.
Cross-examined by MR. PAYNE. Q. Could you see quite plainly through the crack in the door? A. Yes—it was more than two inches open—the prisoners were standing in front of the bar—Mr. Weston was serving them, and his daughter was there—I staid there till I saw them moving to come out—I know a man named Owen, a butcher—I asked him, when I ran to the door, if the men were not gone in again—he stood at the door by my side—I did not ask him to go in—he did not move from outside the door—the door was strapped partly back by a strap behind, and that gave a kind of opening between the two doors and the door-post—any body could distinctly see the bar—they were swing doors—the space was between the door and the door-post, where the hinges are—I may have improperly called it a crack—any body could see into the bar if they stooped down as I did—Owen saw me do it.
Cross-examined by MR. BODKIN. Q. Warwick-lane comes out of Newgate-market, does it not? A. Yes—the first time I saw Ellis that morning was in Warwick-lane, coming from Newgate-street—I was stationed
in a bricklayer's shed in Warwick-lane—I saw Ellis a very little way down the lane, going towards Ludgate-hill, in a direction which leads to the prosecutor's premises—he bad got half-way down the lane before Amos made his appearance—I should say he was more than a minute's walk from the prosecutor's.
MR. PHILLIPS. Q. Do you know the prosecutor's shop? A. Yes—I saw the prisoners join about fifty or sixty yards from the prosecutor's shop—they kept stopping, and looking round.
OLIVER DEATH . I am a City police-sergeant. On Friday morning, the 22nd of April, I placed myself in a shop in Warwick-lane—I saw Ellis go down towards Ludgate-hill, and about five minutes afterwards I saw him come back again, and Amos about three or four paces behind him—they both came back together, went round by Warwick-square, and went into the Jolly Butchers public-house in Warwick-lane—they staid there four or five minutes—I saw them come out—Dear was with me—I gave him some instructions—the prisoners separated—I watched Ellis—he went towards the new market—I followed him into the market—when he came out of the Jolly Butchers I observed that his pocket was bulky, and he carried his hand under his coat—I was in plain clothes—I went up to him and told him I wanted to have a few words with him—he said, "Very well"—I took him through the market—he asked me where I was going to take him to—I said to the Smithfield station—he asked me what for—I said I would not tell him then—I did not tell him I was an officer till I got him to the station—I then asked what he had got about him—he said what he had got was his own—I searched him, and found in his right-hand pocket this roll of silk—it had no paper or any covering round it—any body must have seen it was silk—I asked where he had got it—he said he had bought it of a man—I asked what man—he said he should not tell me, he bought it, and paid for it—he gave his name John Ellis—I asked him for his address—he hesitated a moment, and then said he had several addresses—he would not give one—Dear came to the station while I was there—we left Ellis there, and went to the prosecutor's—Amos was cleaning the brass-plate at the door—I told him to come inside, I wanted to speak to him—I did not tell him why—I took him in, and took him up stairs—I asked him if he knew Ellis—he said no, he knew nothing about him—I asked him if he knew any thing about the silk—he said no, he knew nothing about it—I did not say any thing more to him till after I had seen one of the firm—I then searched him in the shop—I told one of the firm, in his presence, that we had reason to believe Amos had been robbing them, that I had taken a piece of black silk from a roan named Ellis, and we had a suspicion that it was taken by Amos to Ellis, as we had seen them together two or three different times—Amos said he knew nothing about it—I took him to the station—he gave his address there No. 8, New-street, Finsbury—I went there, and searched the first-floor front-room, and found a pair of blankets, two quilts, two pieces of bed-furniture, five sheets, two pieces of brown-holland, which I think are new, one toilet-cover, three table-covers, and one pair of gloves—I afterwards went to Ellis's lodgings—we found some keys on him, and one of the keys opened the door—I found there 34l. in gold and 35l. in Bank-notes—I heard Ellis afterwards say he lived at the White Horse public-house, Cripplegate, which was the place where I found this money.
Cross-examined by MR. BALLANTINE. Q. You have kept all these articles you took from Amos? A. I have—there was some sealing-wax and a broomstick without a handle—I took whatever I found—I could not tell that the broomstick was not part of the prosecutor's stock—I did not strip the room of every thing that was in it—I left boxes and tables behind—when I took Amos I said to him I had come to take him on suspicion of a felony, for a piece of black silk—he said he knew nothing about it—I then asked if he knew Jack Ellis—I believe I said John Ellis; yes, it was John—I was never at this bar—I stood in the other Court once—I stood there as an innocent man, and was acquitted after fourteen witnesses had been examined—the Grand Jury found a bill against me for perjury, but they could not prove it—I have known Dear three years—I have been on the division nine or eleven months, and he has been under me about eight months—I do not live with him—I never lived with him in the same house or in the same lodging—I live in Furnival's Inn-court, Holborn—if Dear has sworn we have lived together, it is a mistake altogether—I was with Dear when I saw Amos go into the Jolly Butchers—after we had taken Ellis, Dear and I had no talk about this, any more than when I passed him I told him to watch the porter—when he came to the station he told me where Amos had gone—he stated at the station, in presence of Walter Joy, the station-clerk, that he had looked through the door, and saw something pass from Amos's pocket to Ellis, but he could not say what it was—I have seen the door many times in passing—it is strapped back, and it leaves a crevice between the door and door-post near the hinges—I have seen through the crack where the hinges are—I looked through afterwards—it is not necessary to stoop down to do so—you can distinctly see in front of the bar standing up, but not round it—I have only been up to the crack once myself—that was after the prisoners were committed—Dear was not with me at the time—I went through curiosity—I had no reason to disbelieve Dear—as I went by I looked through—I saw Dear go to the door—I did not see him the whole time he was there—they are half glass doors, and if you stand upright persons inside the bar can see you—I afterwards stooped down, to look and was able to see towards the left-hand in the bar—I know Weston, the landlord.
Cross-examined by MR. DOANE. Q. How long after you saw Ellis go towards Ludgate-hill did you see the prisoners together? A. About four or five minutes—I did not continue in the same place—I was near Newgate-street when I saw them together—I was walking up and down—I was in plain clothes—I had my police trousers on—I had not got my police coat on—every one might not know I was a policeman—Amos first went into the Jolly Butchers—Ellis was about three or four yards from him—Dear was in the lane near the Jolly Butchers, walking in the same direction as Ellis—I was only the width of the street from the Jolly Butchers after they went in—it is a very narrow street—I was only once in the house, and that was after the prisoners were committed—Dear was with me then.
MR. PHILLIPS. Q. You state you were acquitted on this charge of perjury? A. Yes, I was in the City police at that time—I have been three or four years in the City police—the Corporation were aware of my trial—I have been continued in the police ever since, and received the expenses of the trial from the Corporation of the City.
ROBERT CLARK . I carry on business on my own account at Worcester. I was formerly in the service of Messrs. Wynn, Ellis, and Mr. Everington—there are three partners—on the 22nd of April last my department was at the Manchester silk counter—that counter is close to the door in St. Paul's Churchyard—Amos was at that time one of the porters—there were some piles of silk in the piece called Gross de Naples on the counter, close by the door—it is the practice of the house to mark goods of that kind in pencil—this piece of silk produced is marked "No. 19"—it is Messrs. Ellis and Everington's property—there are 97 1/2 yards of it—it is not an entire piece by about ten or twelve yards—it has been cut, which, as well as the mark, enables me to identify it—if it had been sold it would have passed through the books in account—I have examined to see if it has done so, and it has not—there is no such thing—the books are here—it is a very unusual thing for a wholesale house to have a piece cut off—I cannot tell when the piece was cut off—there is a small green mark on the silk, which I recollect very well—every entire piece of goods that comes to our place, has the manufacturer's ticket on it—the usual length of an entire piece it from 108 to 112 yards—there has been about as much as would amount to a dress taken from it—I have since examined the goods in the warehouse for the purpose of finding the piece from whence the dress was cat off—I have not been able to find it.
Cross-examined by MR. PAYNE. Q. How many persons are there in the prosecutors' employ? A. About 100 generally—I do not recollect cutting the dress off myself—I know it is cut off by its not having the manufacturer's fag—there is always a white selvage at the end of an entire piece—there are four persons who dispose of property of this kind without my knowing any thing about it.
(John Newport, painter, York-street, Black friars-road; William Holmes, hatter, Waterloo-road; Benjamin Doane, tailor, Rathbone-place, Oxford-street; gave Amos a good character: George Alderson, publican, Hart-street, Cripple gate; and John Edwards, of William-street, Cannon-street-road; gave Ellis a good character.)
AMOS— GUILTY . Aged 30.
ELLIS— GUILTY . Aged 42.
Transported for Seven Years.
GEORGE BARHAM . I am assistant to George Penson, a cheese monger, at No. 15, Newgate-street. On the 4th of May, at a quarter-past seven in the evening, I weighed two sides of bacon—I missed a side when the policeman came—he afterwards showed me some bacon, which I knew to be my master's—it had brand makes on it—it was safe at half-past seven in the evening.
Cross-examined by MR. PHILLIPS. A. Do you know anything at all of the prisoner? A. No, he is quite a stranger.
JOHN DEAR (City police-constable, No. 297.) About a quarter to eight o'clock this evening I saw the prisoner coming down Paternosterrow with a side of bacon on his shoulder—I let him go past me; I then stopped him, and found the bacon on him—I showed it to Barham.
Cross-examined. Q. Did you say any thing to him? A. I asked him where he got it—he said he had bought it of a man, and afterwards he
said a man had given it him to carry—I told the Magistrate so—it was taken down—if it was not, it was the clerk's fault.
GUILTY. Aged 22.—Recommended to mercy. — Confined Three Months.
JOHN STEVENS . I am a printer, and live in Farringdon street. I lost three printed books, which I saw safe three months before—these now produced are mine—they are part of a set I have at home—I have no mark on them—the prisoner was in my service—I have lost exactly such books—they correspond with the set.
(The prisoner put in a paper pleading distress, and stating that the prosecutor allowed her only shavings to sleep on, and nothing to cover her.)
GUILTY. Aged 30.—Recommended to mercy. — Confined Six Months.
(There was another indictment against the prisoner.)
THOMAS WILLIAM WILSON . I live in Alders gate-street Buildings. About half-past ten o'clock, on the 10th of April, I was walking in Long-lane, Smithfield, with my cousin, who told me something, in consequence of which I examined my pocket, and found it empty—it had a handkerchief in it three minutes before—it was not found—I saw the prisoner and several others standing round, but no one with him particularly.
Prisoner. You collared another one, and the people said it was not him, it was me. Witness. In the confusion I collared another person, who was standing close by, in mistake.
JOHN WILSON . I live in Alders gate-street Buildings. I was with the prosecutor—in turning round my head I saw the prisoner take a handkerchief from his-pocket—I told my cousin, and kept my eye on the prisoner—he walked off the pavement into the street, and dropped the handkerchief behind him—I do not know what became of it—some one picked it up—I am quite sure I saw him take it out of my cousin's pocket.
Prisoner's Defence. I was walking along, and saw a scuffle with a man in the road; I was on the pavement.
GUILTY .* Aged 19.— Confined Six Months.
GERVAS PARNELL . I live in Rosetta-place, Coburg-road, Old Kent-road. I had a chaise at the corner of Bath-street on the evening of the 9th of April—there was a coat in it—I left the chaise for about a quarter of an hour, and when I came back my coat was gone—this now produced is it.
GEORGE PALMES . I am a frame-work maker, living in Silver-street. About eight o'clock, on Saturday evening, I was pasting down Newgate-street, and saw the prisoner and another behind the chaise, in Bath-street—another lad took the coat out and threw it on the prisoner's shoulders—he ran away, and I ran after him, caught him just by the Post-office, and gave him in charge of the policeman with the coat on his shoulder.
Prisoner's Defence. Some one took the coat and threw it on my shoulder.
GUILTY .* Aged 14.— Confined Eight Days, and Whipped.
MARIA MARCHANT . I am bar-maid to William Williamson, of the Boar's Head, Fleet-street. About half-past six o'clock, on the morning of the 28th of April, the prisoner came to our house and asked if I would trust her with some gin—I would not—she staid a few minutes, and I missed a glass—she went out, I followed her, and saw a policeman—this is the glass I missed—it is my master's.
Prisoner. I was drunk at the time. Witness. She was not.
GEORGE WARDLE . I am a City police-constable. I went after the prisoner, and found her in a court adjoining Fleet-street, about half-past six o'clock—I found this glass wrapped up in the corner of her shawl, under her arm—she said she had taken it because the female would not trust her with any gin.
Prisoner's Defence. I went with a female to have some gin, and I took a glass of something to drink to her outside.
GUILTY . Aged 34.— Confined Eight Days, solitary.
1422. FREDERICK HAYES was indicted for stealing, on the 13th of April, 4 yards of canvas, value 1s. 6d.; 1 basket, value 3s.; 2 bottles, value 2s.; 3 gallons of ink, value 3s.; and 6 shillings; the goods of Richard Cooke, his master.
RICHARD COOKE . I am an ink-maker, and live in New-street, Bartholomew-close. I wanted an errand-boy, and put a bill in the window—the prisoner came—his mother said he was a very good boy, and I took him on the 12th of April—on Wednesday, the 13th, I sent him out with a truck, three gallons of ink, and some gallon bottles, and gave him 6s—he was to call, in coming home, and bring me some goods back with the money—he did not bring the goods back, nor the money—I saw no more of the truck and things, and did not see him again till he was in custody.
HENRY SHERRIFF . I am a policeman. I found the prisoner at hit father's door on Friday the 15th of April—I said, "I want you for the truck and goods of your master"—he said, "Let me see my father first"—I said, "You must come with me to the station'1—he said a boy had capsized the truck going along, and had spilt all the ink, and the money a boy had got from him in Shoreditch, that he had left the truck in the
care of a woman in Brick-lane while he went to ease himself, and when he came back, the woman had gone away with the truck and all, and a boy about his own age at the grocer's-shop had seen the woman go away with it—I went to make inquires, and there was no boy under seventeen years of age at any of the grocers' shops, about there.
GUILTY . Aged 12.— Transported for Seven Years.—Isle of Wight.
OLD COURT.—Wednesday, May 11th, 1842.
Third Jury, before Edward Bullock, Esq.
GUILTY . Aged 16.— Transported for Seven Years.
ROBERT BATHURST . I am a willow-cutter, and live in Bacon-street, Bethnal-green. The prisoner worked for me for nearly two years—on the morning of the 14th of April, about seven o'clock, I missed a guage, and found it in pawn in the Hackney-road—I had seen it safe about eight o'clock in a rack in the workshop—the prisoner had left me about ten days at that time—I sent for him—he came to my house, and denied all knowledge of it—I gave him into custody—this produced is it.
Prisoner's Defence. I know nothing about it.
NOT GUILTY .
1445. MARGARET MARIA WILLIAMS was indicted for stealing, on the 20th of October, at St. Pancras, 2 tea-pots, value 29l.; 2 coffeepots, value 32l.; 2 cream-jugs, value 8l.; 1 sugar-basin, value 8l.; 56 spoons, value 30l.; 27 forks, value 10l.; 11 knives, value 12s.; 7 ladles, value 7l.; 2 butter knives, value 1l. 10s.; 1 watch, value 20l.; 2 watchchains, value 10l.; 3 seals, value 7l.; 8 rings, value 26l.; 9 brooches, value 13l.; 2 pairs of sugar-tongs, value 1l. 10s.; 6 gowns, value 19l.; 10 shawls, value 21l.; 1 cape, value 10s.; 2 skewers, value 2l.; 1 goblet, value 3l.; 1 fish-slice, value 1l.; 2 eye-glasses, value 1l. 10s.; 3 pairs of ear-rings, value 7l.; 4 bracelets, value 1l. 15s.; 1 tea-caddy, value 3l.; 1 buckle, value 1l.; 2 habit-shirts, value 1l. 10s.; 1 clock, value 3l.; 1 parasol, value 1l.; 1 purse, value 10s.; 1 reticule, value 5s.; 1 tablecloth, value 5s.; 1 handkerchief, value 5s.; and 1 trunk, value 1l.; the goods of James Holden, her master, in his dwelling-house.
MR. BODKIN conducted the Prosecution.
JAMES HOLDEN . In October last I lived in Morning ton-crescent, St. Pancreas. The prisoner was in my service as cook, and had been so between three and four months—on the 20th of October, I and Mrs. Holden were both from home—we left the prisoner alone in the house—I returned at
five o'clock in the afternoon, and found the drawers of my bed-room broken open—I missed the articles stated in the indictment, some from the drawers, and from different parts of the house—the value of the whole is about 300l.—in consequence of a communication from Cork, I went there in the latter end of March, and saw O'Neill, the sergeant, who produced a great quantity of my property—I went with him, and saw the prisoner—I said, "We have found you after some trouble"—she said, "Indeed I don't know any thing of you; I never saw you before in my life"—I said, "It is very strange you should live three or four months with me, and not know me; I know you very well"—I pointed to a friend who was with me, and said, "You don't know my friend?"—she said, "I never saw him," and denied all knowledge of us.
Cross-examined by MR. PHILLIPS. Q. Are you quite sure she was your servant? A. Yes, I cannot be mistaken.
ELIZABETH FIELD . I live with my father, George Field, who is a body coach-maker, and carry water-cresses out. In October last, I went to the prosecutor's with some water-cresses, and saw the prisoner—I know her to be the woman—she gave me some broken victuals, and told me to bring the towel back the same day, but my father would not let me, and I took it back next day—she sent me to fetch a coach to the door, which I did about three o'clock in the afternoon—I saw nobody but her in the house—she put a large hair trunk and a small box into the coach—the coachman helped her in with the large one—she went into the coach with them, shut the street-door, and told me to go down the kitchen steps, and wait there till she came back—she should not be long—I waited there three quarters of an hour—I found nobody in the house, and went away, leaving the servant next door in care of the house.
Cross-examined. Q. Had you seen her before? A. Yes, two or three times—I take my oath she is the woman.
MICHAEL O'NEILL . I am a sergeant of the police of Cork. In consequence of information last March, I went to Mr. Duggin's house at Cork, and found the prisoner in the first-floor room there—I asked her name—she said, "Maria Williams"—I told her to consider herself my prisoner, and to be cautious what she said, for if she said any thing to criminate herself, I should have to state it—there was a large box, and a small trunk on the floor—I asked if they were hers—she said, "Yes"—I asked if what they contained was hers—she said "Yes"—I asked for the key—she gave it me—I opened one—I found three gold chains, a gold key, three gold rings, a gold brooch, a pair of ear-rings, some silver spoons, a reticule, eight shawls, a gold watch and case, and a variety of other articles—I asked if she bad got a watch—she said she had a brass one, and produced it from her bosom—I also found some parts of tea spoons, with the initials T. A. B., which have been filed—I told her I should fetch a woman to search her—she said she had no money—I put my hand in her pocket, and found 27l. 10s. in Bank of Ireland notes—I took her to the station—I showed all the property to the prosecutor—I found a quantity of plate at Mr. Bennet's, in Grafton-street, which Mr. Holden claimed—I took her to Dublin—on the way, she asked me whether it would be better for her to plead guilty or not—I told her I should give her no advice on that subject.
Prisoner. I never said any thing of the sort. Witness. I asked her then how she effected the robbery? was there any person with her? she said no, she brought the large box down three pairs of stairs on her
back—I asked her how much money there was—she said she should not be afraid to rob a convent if there were people outside she could depend on—I asked how much money she got from Mr. Bennett—she swore by God she had sold him more than 100l. worth, that he must be a d—d fool, that he bought it under the value.
THOMAS BENNETT . I am a silversmith and jeweller, and live at Dublin. In February last, I bought 160 and 60 ounces of plate of the prisoner, at 4s. 8d. per ounce, the price we always give in Dublin for old plate—I have it here—here are coffee-pots, tea-pots, salvers, and other articles—we always give that price—we either keep them as they are, or melt them—I did not suspect it was stolen, or I should have stopped it—the forks and spoons were old-fashioned ones, and I melted them—I gave her a draft for part, and the remainder in bank of Ireland notes—she represented herself as a widow lady, and was necessitated to dispose of the things to bring her back to London—she called first in the morning, and asked if I was in the habit of purchasing plate—I saw her three or four times—she left some of the plate four days before she called for the money—she said she was not leaving Dublin for three or four days—I did not refuse to attend before a Magistrate in London—I gave every facility when applied to at Cork—I did not take the number of the notes, but I believe the money found on her is what I gave her.
Cross-examined by MR. PHILLIPS. Are you quite sure the prisoner is the person who sold you the plate? A. Yes—she was dressed in black silk, very respectably—I have not a doubt of her—I saw her four or five times, and am certain of her.
(Property produced and sworn to.)
Prisoner's Defence, written—"I know nothing of the charge; what gave rise to the suspicion, was a piece of paper found in my trunk. I was obliged to go up the country for a few days, and during that time I left the key of my room with the landlady of the house, in Cross-street, Cork, and on my return, I found one of my trunks opened, and the other had every thing removed; and the piece of paper alluded to, respecting Mr. Bennett, was in my box, but not with my putting. Mr. Holden, likewise, accuses me with being his servant for three months, and that I had warning to quit; I never was his nor any other gentleman's servant in my life. In July, I went from London to Cork, by the boat called the Mermaid, from Black water Stairs; returned in the latter end of August by the same boat; on the 26th of November, from St. James's Stairs, Wapping, back to Cork again, in the Jupiter boat, Captain Warters, commander; in March returned to London, in the Devonshire, Captain Higgen, commander, and back again by the same boat, and the same captain to Dublin, and changed two thirty shillings notes, the change given to me by the steward of the boat, in the presence of Mr. Burns. I arrived at Dublin at ten o'clock at night, and Mr. Burnes, the mate of the vessel, recommended me to a lodging at the house of Mr. Jones, opposite the quay where the boat stopped; I remained there for a few days, until the St. George was going to Cork, by which vessel I went. Respecting the Irish constable's statement, the confession, he says, that I made to him, it is quite false, for I well remember every word that I said to him."
GUILTY . Aged 27.— Transported for Fifteen Years.
1446. DENNIS M'CARTHY was indicted for burglariously breaking and entering the dwelling-house of Edward Drury, about the hour of three o'clock in the night of the 11th of May, at All Saints, Poplar, with intent to steal, and stealing therein, 1 jacket, value 30s.; 1 pair of trowsers, value 1l. 4s.; 2 waistcoats, value 16s.; and 1 handkerchief, value 4s.; the goods of Thomas Davis: and 1 cloak, value 10s., the goods of the said Edward Drury.
ELIZABETH DRURY . I am the wife of Edward Drury, and live in Hale-street, Poplar. On the 2nd of May, I went to bed about half-past ten o'clock—the front parlour window was down close, and the blinds up, but I cannot say whether the sash was fastened—the street door and two back doors and every other part were fast—we have two lodgers, who have two apartments—we keep three rooms and a kitchen to ourselves—the house belongs to us—Thomas Davis slept in the parlour—I was there when he went to bed to help him off with his jacket, as he had a bad hand—I brushed his trowsers, jacket, and two waistcoats, and put them on a chair by the side of his bed, and put my cloak on the top of them—I came down next morning at a quarter to eight, and found hit things were all gone—I found my cloak next day at Mr. Beaument's, at the corner of the street—this is it.
THOMAS DAVIS . I lodge at Mrs. Drury's. On the 2nd of May, I went to bed at a quarter after ten o'clock—I was disturbed between roar and five in the morning by a policeman—I observed the window open—I shut it and went to bed again—I did not look to see if any thing was missing till Mrs. Drury came in the morning—I then found my jacket, trowsers, two waistcoats, and a black silk handkerchief were gone—I have never seen them since—I do not know the prisoner.
THOMAS CHARLES KETTLES . I know the prisoner—I saw him about a quarter before five o'clock on the 3rd of May, at the corner of Hale-street, laying the cloak down on Mr. Beament's fence, and wrapping it up—he then got up and threw it over the fence into the garden—after he had done so, he saw me and crossed over to the opposite side of the way—I went away without taking notice of it, and was returning home about six and saw the cloak there still—I did not see the prisoner again till the following night at the station—I have often seen his face about Poplar, but never spoke to him—I am quite sure of him—it was quite light.
Prisoner. I never saw the boy before. The policeman brought a man in from the street, who said I was not the man; then he fetched in the witness.
JAMES BEAMENT . I live in Sophia-street, near Hale-street; the end of our garden comes into Mrs. Drury's street. On Tuesday morning, the 3rd of May, about six o'clock, I saw this cloak in my father's garden—I took it in and gave it to my mother—I did not see it given to Mrs. Drury—I know it by the fringe and other things about it.
CHARLES WYKES . I am a policeman; I know the prisoner. On Tuesday morning, the 3rd of May, about a quarter to two o'clock, I saw him in High-street, Poplar, about a quarter of a mile from Hale-street—he was standing there with several men and women—I am sure he is the person—I have known him twelve months.
Prisoner. I was at home at twelve o'clock. It was half-past twelve before I went to bed. I got up at half-past five in the morning.
public-house with two or three women—he lives at Poplar—I asked where he was the night before—he said he was at home at eleven o'clock, and did not get up till half-past five.
Prisoner's Defence. I went into a public-house, when I came out the policeman came up and asked if I objected going to the station. I said, "No," and went with him. He told me to sit down, and brought in a man and asked if he knew me to be the man; he said, "No;" he went out and brought the boy, and asked if he knew me; he said, "Yes." I had not a jacket or shirt but what I have on; he said the hat I had on was not what I wore; he fetched a hat from my landlord, but I had not worn that for a fortnight; he said my landlord said I was not in bed all night. I know that to be false.
NOT GUILTY .
1447. JOHN GROVES was indicted for feloniously uttering, on the 5th of May, a forged request for the delivery of Â£ a dozen silk pocket handkerchieft, and 3 pairs of stockings, well knowing the same to be forged; with intent to defraud John Benjamin Nevill and others.
ANDREW BURGOYNE STROTHER . I am in the employ of John Benjamin Nevill, and two others, of No. 11, Maiden-lane. On Thursday, the 5th of May, the prisoner came with an order from Mr. Stent, of Oxford-street, this is the order—(produced)—he. merely gave it into my hand—I was engaged at the time—he said nothing to me—I sent him down to another part of the warehouse for the articles named in the order—(order read)—"5th May. Please send by bearer about half a dozen silk pocket handkerchiefs, of the newest pattern you have, on approval, and three pairs of women's full size stockings.
CHAS. STENT , 265, Oxford-street. To Mr. Neville."—I sent him down the warehousemen the stockings—I sent the order with him, and went down to the lower part of the warehouse, to where the goods would be entered—I then asked him from whom he received the order—he said another boy gave it him—he said, "I knew the order was false, but the boy told me if I took it, it would be all right, and we would halve what the goods came to, as he knew I was very poor, and wanted money"—we detained him and gave him in charge—he had been questioned at the end of the warehouse before I went up to him, I believe, but I did not hear what passed—I did not tell him I suspected it was false, but asked from whom he received it—we have a customer named William Stent, but not Charles Stent
Prisoner. I met a man at the corner of the street, who gave me the note, asked me to take it, and said he would give me 1s. for my trouble; he said it would be all right, and being in distress from my father's death, I went.
EDWARD HARDING . I am a policeman. I went to Mr. Nevill's and took the prisoner in charge—I asked him where he got the order from—he said a boy named George Williams, No. 16, Stevens'-street, Paddington, gave it him—I have inquired, and could find no such boy.
Prisoner. I asked him to go to my lodging; the man who gave me the note told me either to come to his house, or meet him at the bottom of Stevens'-street, that he lived at No. 16, Stevens'-street.
GUILTY .* Aged 15.— Confined Two Years.
1448. HENRY MANNING alias Roberts, was indicted for feloniously assaulting Thomas Buck, on the 29th of April, and cutting and wounding him on the head and left hand, with intent to maim and disable him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.—3rd COUNT, to prevent his, the prisoner's, lawful apprehension and detainer.
THOMAS BUCK (police-constable T 32). On Friday, the 29th of April, I was on duty at Turnham-green, and saw the prisoner—I called out to him by his name, Manning—he said hit name was not Manning, but Fearce—I told him I was sure that was his wrong name—I knew him personally, and had a warrant out against him for stealing plants—I told him I should take him into custody on the warrant—be said he would not go with me—I took hold of him by the collar of his coat, and he flung me down and got upon me—I got up again and he ran away—I took up my staff and struck him with it—he then told roe he would come with me quietly—he came about twenty yards, and then went into a garden, which he had come out of, and where he was at work—he then took up a stick and struck me in the forehead with it—I used my staff as well as I could—he then hit me on the body, legs, and arms, with the stick, and told me he would kill me—he then struck me on the head, cut my head, knocked me down, and ran away—I got up and followed him across the garden, over the wall to the water side, where he was stopped by Wakeman, and taken to the station—Mr. Pickering, the surgeon, attended me—the warrant against the prisoner is in the hands of the constable—he is not here—I had had it in my hand, and read it—I also had verbal directions to take him, from the inspector—it was not in my possession when this occurred.
Cross-examined by MR. PAYNE. What was the effect of your seizing him by the collar after he said he would not go with you, did you tear his coat? A. I tore his coat—I kept hold of him—it was after I laid hold of him and tore his coat that we got on the ground, and he upon me—I struck him on the head and made his bead bleed—he then said he would go quietly, and went into the garden—that was not more than five minutes after I made his head bleed—I hit him as hard as I could on the hands and legs—while he was hitting me I was hitting him—I do not think he was more hurt than I was—I hit him once on the knee, and he struck me on my knee—his knee-bone hat been very bad ever since, so has mine—I did not take a charge on the same day—I was never in the hospital for this wound—I was obliged to ride to go before the Magistrate the next day, and have not done duty since—the doctor came to me twice, and I have been to him since—I bad no warrant myself—I have had it in ray hands, and had orders to execute it by nay inspector—the offence was said to have been committed in October—he was charged with stealing the plants, and fined 20s. and 15s. costs for it before a Magistrate—he was to pay that or have a month's imprisonment.
WILLIAM BOULTON PICKERING . I am a surgeon—I attended the prosecutor—he had a wound on the scalp, an inch long—the scalp was divided, and there was a wound on his left hand—he was excited, and suffered a good deal—he appeared more excited from the exertion than from the lost of blood—he did not lose much blood.
Cross-examined. Q. Were you examined before the Magistrate? A. No—he got tolerably well in a few days.
THOMAS BUCK re-examined. I was not present when the warrant was granted, and did not hear the charge made against the prisoner—I was present before the Magistrate when he was convicted—it was for stealing plants growing in a garden.
NOT GUILTY .
Fourth Jury, before Mr. Recorder.
1449. THOMAS YARDLEY was indicted for stealing, on the 18th of April, 2lbs. 10oz. weight of silk, value 4l.; and 70 wooden bobbins, value 9s., the goods of John Fisher Cockrin; and 1 handkerchief, value 6d. the goods of Thomas Bouchard; to which he pleaded
1450. THOMAS YARDLEY was again indicted for stealing, on the 10th of February, 14 ounces weight of silk, value 1l.; and 23 wooden bobbins, value 6d.; the goods of John Smart.—2nd COUNT, stating them to be the goods of Frances Humm.
MR. BALLANTINE conducted the Prosecution.
FRANCES HUMM . I live at No. 3, North-passage, Bethnal-green—eight or nine weeks ago I went to Smart's warehouse, near Spitalfields church, and saw the prisoner waiting in the warehouse—I had some empty bobbins with me—I left him there and was going home, and met the prisoner in Lamb-street—he touched me on the shoulder, and said he was to have my shute, which is what we weave with—it belonged to Mr. Smart—I asked him if he had got a bill—as it was usual when I give it up to have a bill delivered to me—he said he had not got one, but I could not doubt him because I had seen him at the warehouse—I told him if he had got a bill my daughter would give it him—he did not ask me for anything else—I gave him nothing then—he came three times to me, and next day he asked me for the shute—I thought it was all right, and gave him twenty-three bobbins, with silk on them, believing what he said—they belong to Mr. Smart—I was to pay 11$. for them—I should have lost my employ if I did not—it had been given me at the warehouse to work up.
Prisoner. Q. Did you ever see me before? A. Yes, at my employer's warehouse, before the shute was taken from me, but never after that.
Prisoner. Q. Did you ever see me before? A. Yes, I saw you come over the ruins after my mother, when she came from the warehouse with the empty bobbins, and next day you came to the door—mother brought the shute down in her lap and gave it you—I do not know what month it was in—I believe it was in February—I am quite sure he is the man—when he came the second time I said, "Here comes the man after your shute," as she had shown him to me the day before.
Prisoner. It was ten weeks ago; I have been at Smart's repeatedly for work; it was the first time you had seen me; you said at the office you did not know whether it was me or not. Witness. I said you was the man—I saw my mother give you the bobbins.
authorized by me or any body to go to the witness for the shute—he was not working for us—he worked for us four years ago—the silk and bob"? bins are worth about 1l. which I had delivered to the witness—she had come to the warehouse a day or two before for empty bobbins to wind it on—the prisoner often called at our house to ask for work—whether he came since that I cannot say—he has never produced any bobbins to me—we should not think of employing him.
Prisoner. Q. Have not I come repeatedly to ask for work? A. Yes—the answer I gave you was such that I should think you never would call again—I do not think you came afterwards—I gave him to understand he was never to call again—he had worked for us before, and spoiled the work.
The prisoner called—
GEORGE TEAKLE (police-sergeant H 8.) Q. How long have yon known me? A. Two years—I cannot say I have seen you in bad company—you have applied to me in distress, and I gave you two loaves—you asked me to get you into the police—I believed you were reformed—I found your place in a destitute state—there were some duplicates of weaxing apparel there.
(The prisoner put in a written defence stating that he was a Spitaifields weaver, and that his family were in the greatest distress.)
GUILTY . Aged 43.
(There were two other indictments against the prisoner, and the witness Teakle stated that he had been convicted of felony in 1829, and transported, that since his return he had not lived with his wife but with another woman.)
Transported for Seven Years.
NEW COURT.—Wednesday, May 11th, 1842.
Fifth Jury, before Mr. Common Sergeant.
1451. ANN CHURCH was indicted for stealing, on the 15th of April, 1 shilling, 1 sixpence, and 1 groat: also, on the 14th of April, 1 sixpence, the monies of Matthew Bentley, her master; to both of which she pleaded
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 17.— Confined Two Months.
GUILTY .* Aged 45.— Confined Six Months.
GUILTY .* Aged 19.— Confined Three Months.
1456. JOSEPH WASSERMAN and LEWIS LAWRENCE were indicted for stealing, on the 15th of April, at St. Andrew Undershaft, 4 watches, value 30l., and four watch-guards, value 20l.; the goods of William Thomas Middleton, in his dwelling-house; to which LAWRENCE pleaded GUILTY . Aged 52.— Transported for Ten Years.
LUKE HANCOCK . I am shopman to William Thomas Middleton, of Leadenhall-street—it is his house—I sleep there—it is in the parish of. Andrew Undershaft. About four o'clock on Friday, the 15th of April, I was in the shop—Lawrence came in, and requested to look at some watches, I showed him some—he selected four—I showed him some chains also—he selected four chains also—I put the watches in a small bag, and tied the chains up in paper—I was about to pack them altogether in brown paper, when he produced a box, and wished to have them put into it—after they were packed up, Lawrence went out of the shop—he returned, and two or three minutes afterwards Wasserman came in—he asked for a 1. brooch, which was marked in the window—I turned to get the brooch down, and while Wasserman was paying for the brooch, Lawrence got up, and went out—immediately Wasserman had paid for the brooch, be got up, and went out also—I opened the box, and found the box produced had been substituted for the one the watches had been put into—I ran out immediately, and secured Wasserman, brought him back to the shop, and gave him into the custody of an officer—on the Monday following Lawrence was brought to our shop—some copper coins were substituted in the other box, in place of the four watches and chains—the value of the watches is about 30l. and the guards 20l.—I saw them safe just before Wasserman came in—the boxes must have been changed while I was taking the brooch down—I did not see them changed—the prisoners did not appear to know each other—about two minutes after Wasserman had gone, I saw that something was wrong—no one had been in but the prisoners—when I took Wasserman I told him I wanted him—he asked what for—I said he must inquire of some one else—I called for an officer, and gave him into custody—I am sure the prisoners are the two men that came in on that occasion.
Cross-examined by MR. BALLANTINE. Q. What time was it that Lawrence came in? A. About four o'clock in the afternoon—he went out once, and it was about two minutes after he went out that Wasserman came in—Lawrence had been in about twenty minutes before he went out—he was selecting the watches during that time—he went out before Wasserman came in—at the time he went out the box had been produced, and the watches were done up in it—I am quite sure of that—I put them in myself, and left the box on the counter—Lawrence left the shop four or five minutes after that—I was talking to him all the time, standing with my back to the window, and looking at Lawrence and the goods, not more than two yards from where Lawrence was—I was standing with my back to the window the whole time, till Wasserman came in—I was obliged to turn round to get the brooch, to serve him with—I did not turn away to lose sight of the box during the time Lawrence was out—I stood
in the shop till he came back—I was not putting the window to rights, of any thing of that sort—I was standing waiting for Lawrence to come back again—I stood in the same place as I was before, with my back towards the window—the window is about three feet from the counter where the box was.
COURT. Q. How did Lawrence leave you; had he finished his business, or did he leave you abruptly? A. He said he would come back again—he was absent two or three minutes, and two minutes after he returned Wasserman came in.
WILLIAM THOMAS MIDDLETON . I am a silversmith, in Leadenhall-street. These watches are mine—in consequence of information I went to the police-station in Bishopsgate-street—I there found Wasserman in custody—I told him I strongly suspected him of being a party concerned in taking my property, but if he could show me who he was, and could send to any respectable person to give him a character, I should not press the charge against him—he immediately said he could, and threatened me in a manner I did not approve of, about his solicitor bringing an action against me if I did keep him in charge—he sent for Mr. Pringle, a grocer, in Bishopsgate-street, a respectable man—Mr. Pringle came, and said he knew nothing more than that he was an accidental customer, and he could not say any thing to him—I then gave him into custody—he was immediately searched, and on him was found some foreign coins, some sixpences, and 4d. in coppers—I compared the coins found on him with the coins found in the box, and one of them corresponded with some of the coins found in the box—I then asked. him if he knew of any other individual, and asked his address—he said he did, a very respectable wine-merchant, Mr. Squeerbanks, 84, Old Compton-street—he said he lodged at No. 32; Old Compton-street, at Mr; Lyas's—we proceeded to his lodging, and we found that he did lodge there—it is a coffee-shop—I made inquiries of the coffee-shop keeper—I then went to Mr. Squeerbank's, and could learn nothing satisfactory respecting him—the next morning he was brought to the Mansion-house—he was examined there, and a memorandum was found in his pocket-book—in consequence of that I went to Messrs. Caldecot and Company, and found Wasserman had been there—it was addressed to Mr. Lawrence, No. 1, Curzon-street, May-fair—the property has never been found.
Lawrence lodged there about eight months, and Wasserman called several times to see him—Lawrence has been in great distress, and has been supported entirely by the kindness of Mrs. Isaacs.
WILLIAM JACKSON (City police-constable, No. 636.) I was sent for to take Wasserman into custody—I asked him if he knew a man named Lawrence, if he knew the party who had been in the shop before—he said, no he did not, he came in to buy a 1s. brooch, and he bad paid for it—I then proceeded with him to the station, and left him there—I afterwards went to No. 32, Old Compton-street, Soho, to ascertain whether he lived there—he said he lived there—he did live there—while watching there I saw Lawrence come to that coffee-house and go in.
Cross-examined. Q. Have you told us the whole circumstances as they occurred? A. Exactly, as near as I can recollect—it was while he was in the shop with Mr. Middleton that he said he did not know the person who was in the shop—I went to him at the station-house—I was in my uniform—I was not in plain clothes—I did not go to see him at the station—I saw
him at the station when I took him there, not afterwards—I had no conversation with him in the station at all—he was taken into custody on Friday, the 15th of April—he was not at the station on Sunday, the 17th—he was committed on the Monday—he was first examined on the Saturday—between Saturday and Monday he was kept in the Compter—I went to see him in the Compter—when you asked me if I did not go to see him on the Sunday at the station, I thought you meant at Bishopsgate-street station—I did not imagine you meant the Compter—I did go to see him at the Compter, in plain clothes—I was on duty—I was ordered by the inspector to go in plain clothes, to try if I could gain any information concerning Lawrence—I merely asked him if he knew Lawrence—I was sent there to ask Wasserman if he knew the party—it was for the purpose of convicting both prisoners if I could—Darby is the name of the inspector that sent me—I expected Wasserman was a foreigner—I considered so by his conversation—I have no doubt of it—I do not recollect the exact time of day that I went—I forget—I do not know whether it was in the morning, afternoon, evening, or night—it was not so late as twelve o'clock at night—I was not out so late as that—I do not know whether it was at nine o'clock in the morning or nine at night—it was between those times—I was out all day, and I do not know what time I called at the Compter—I remember what I said to him—one of the turnkeys was present—he had no pen and paper that I noticed—I had not asked the turnkey to come—I do not know whether he was there to listen—perhaps he would not trust me with the prisoner alone—Wasserman knew I was a policeman—I did not tell him so—he did not tell me he knew a person named Lawrence—he did not tell me a person named Lawrence owed him 3l.—he did not tell me any body owed him 3l.—I saw him a second time, I believe on the Monday, I was in plain clothes then—that was not by the inspector's order, but of my own free will—I was satisfied with what I got out of him on the first occasion.
Q. Then what did you go to him on the second occasion for? A. To ask him if he knew a party named Lawrence—that was what I went to him for at first—I was not satisfied with the information I got the first time—I found the name of Lawrence in his book—he did not tell me that a person named Lawrence owed him 3l.—he said he did not know the name of Lawrence—he said he forgot his name—Mr. Middleton was present on the second occasion—he went with me.
Q. I ask you before Mr. Middleton, how much were you to get from him if you succeeded in getting his property back? A. Nothing at all—he made me no promise—I did not expect any thing—nothing was said about any little consideration.
Q. Then you went to this place twice without the expectation of any thing more than your costs here? A. I left that to the generosity of the prosecutor—I did not know whether I might get any thing or no.
COURT. Q. Then you are allowed to take things from prosecutors in this way, and you would have been allowed to remain in the force after that for an hour, should you? A. Yes, after making a report of it.
MR. BALLANTINE. Q. Did he say anything about 3l. before Mr. Middleton? A. I do not recollect that he did—I went for the purpose of ascertaining what he would say, and remembering it—I do not remember his saying that he was owed 3l. by a person named Lawrence—I will not swear he did not say so—I have been in the force about three years and a
half—I cannot say how many presents I have received from prosecutors at different times.
Q. Will you swear you have not, in the course of your duty, received on twenty different occasions presents from prosecutors? A. I cannot swear it at all, I do not know—the Commissioner knows all the presents I have received, he does I assure you.
FREDERICK LYAS . I keep a coffee-shop in Old Compton-street. Wasserman lodged with me about three weeks—during that time Lawrence called, and dined with him at Wasserman's expense—on the morning of the robbery, the 15th, Lawrence called and inquired for Mr. Wasserman, about eleven o'clock—in the evening he called again about half-past six—he called again about half-past ten the same night—Wasserman was not at home then.
Cross-examined. Q. You knew Lawrence was in the habit of coming to see Wasserman? A. Yes—Wasserman provided whatever there was to eat and drink—after Lawrence bad been, and before the day the robbery was committed, Wasserman told me not to tell Lawrence where he could be found, for he did not wish to see him—he did not say he was not to be admitted.
JOHN GRAT (City police-sergeant, No. 14.) I took Lawrence into custody on the 18th of April—he told me he had parted with the whole of the property himself, he had sold it to a man, in Storr and Debenham's auction-rooms, for 20l.—he gave me a full description of the man—I have got 12l. 11s. 6d. which I found on Lawrence.
GEORGE KEENE . On the 4th of April the two prisoners came together to our warehouse, and bought a lot of goods to the amount of 51l.—they did not pay me—they were ordered to be sent to their agent, Lawrence, No. 1, Curzon-street, May-fair, to Wasserman's order—Wasserman said that—they were so sent—the money was to come back—the goods were returned to us—we sent again, and they were sent back four different times by Mrs. Isaacs.
CHARLOTTE ISAACS . I am a widow. I never saw Wasserman—Lawrence lodged with me—he was in a state of destitution—he owes me a great deal of money—I was induced to let his account run on account of his distress—the parcel of goods came to my house—Lawrence was not within, and I sent them back.
WASSERMAN— GUILTY . Aged 23.— Transported for Ten Years.
MR. RYLAND conducted the Prosecution.
MARK PATTESON WOOD . I am a farmer, and reside at Hemel Hempstead, in Hertfordshire. On Sunday, the 27th of March, I had a black pony mare with a long tail, one ear shorter than the other, and a collarmark on the near side—I saw it safe in my stable about one o'clock on that Sunday—I missed it about six the next morning—I saw it again at Worship-street on the Monday week afterwards—it is four years old, and rather better than twelve hands high—it is worth 10l. or 12l.
Prisoner. Q. Did you ever see me on your premises? A. I do not know that I ever did.
in the stable—it was gone the next morning about six—I have seen it since, and know it.
THOMAS WOOSTER . I am a fishmonger, and live in Whitecross-street. I have known the prisoner about two years—he is a porter in Coventgarden market, and has been so twenty years—on Tuesday, the 29th of March, he came to my shop about eleven o'clock in the morning, alone—he told me that he knew of a pony that would suit me—I told him I was very busy, and could not go to see any pony that day, as I was going to Greenwich—he said it would not take me long, it was at the Golden Lion in St. John's-street—I told him to fetch it—he said he could not, there was something to pay—my farrier came in, and I asked him to go with me to look at it—we went, and at a short distance from my shop another man joined the prisoner—we all went to the Golden Lion, the prisoner and the other man fetched the pony out of the stable, and ran it down the yard—I said it was too small for me, I would not have it—we then went to have something to drink, and the other man kept asking me what I would give for the pony—he said I might get something out of it—I told him I would give him 50s. for it—(the other man had before asked me 4l. for it—the prisoner told me he would ask me 4l. for it, but I could have it for 3l.)—when I proposed to give 50s. for it, the other man said he would take it back again, but at last he agreed to take it—I said I should require a receipt and his address—the prisoner then asked the landlord if he could accommodate him with pen, ink, and paper, which he did, and the prisoner began writing the receipt—I said, the other man should write it—he said he could not write, and the prisoner wrote it, and the other man marked it—I objected to the first mark he made, as it was not opposite the name—he then made another mark—this now produced is it—the other roan then went to fetch the pony, and the prisoner asked me for something for himself, and said if I had not bought it he should have asked me to lend him 2s. to get it away—I said I should see how it turned out—he said, "What you are going to give me, give me now, before he comes back"—I gave him half-a-crown—the other man came back with the pony while the prisoner was there—I received the pony, and the other man went out with the prisoner to pay him—he said to the prisoner, "Come here, and I will satisfy you"—he went out with him, and I came away with the pony—(receipt read.)—"March 29. Bought a black mare of Charles Miles, for 2l. 10s.—Charles Miles, his mark X. Lives at Stanmore."—The next day I put the money in harness, and went to Stanmore, but could find no person named Miles there.
COURT. Q. Having bought the mare, what took you to Stanmore? A. I went to inquire about Miles, to see that all was right—I went before there was any inquiry about it—I then came. home and told the policesergeant about it—I did not know where the prisoner lived.
Prisoner. Q. If you had a suspicion that it was stolen, why did not you come to me, and speak to me? A. I took the proper steps, as I thought, to go to the man who I considered had sold me the horse—I went as soon as I found it was worth more than I gave for it, and when I found the direction was false, I gave information—it was on the Saturday night following that the officer went to find you—Miles called you Joe, and seemed familiar with you.
to me at the yard, and asked if I knew any body that wanted, or would purchase a pony—I told him I did not, but recollecting a gentleman who came and put up, had asked me if I knew of one to let him know, I asked the prisoner the size of it—he said about twelve hands high—he said it was coming from the country, that it belonged to a gentleman's coachman, and that it was to be sold because the gentleman was coming home—he asked me what time he could see the gentleman—I said he was in the habit of coming on Tuesdays and Saturdays, and it would be best to see him about four or five o'clock in the afternoon—the prisoner said that time would suit him best—I knew the prisoner worked in the market.
JAMES BRANNAN (police-sergeant G 20.) I took the prisoner on the 2nd of April—I had had a communication from Mr. Wooster three or four days before—I told him I took him for being concerned with another in stealing a pony—he said, "What pony?"—I said, "The black pony you sold Wooster"—he said he had it sent from the country by a friend, to get a customer—I asked his name—he said, "Charles Miles," and be took this bit of paper from his pocket, with the name of Miles, Stanmore, on it—I went to the Red Lion public-house, and asked the ostler who brought the pony there—he could give no description of the person.
Prisoner's Defence. I was in the employ of Mr. Bowles. On Monday, 28th March, I was going across Long-lane, and saw a man offering the horse for sale; knowing that Wooster wanted one, I told the man I knew a person in Whitecross-street who would buy it, but he would not be at home until the next morning; he said he would put the pony up at the Golden Lion, St. John-street, which he did; I asked him-where he lived; he said at the Falcon, Stanmore, and that his name was Charles Miles; that the pony belonged to his father, and the reason they were going to sell it was, that they were not allowed to keep it in the farm because the gentleman was come home; he then went into the Bull's Head and asked the landlord to write "Charles Miles, Falcon, Stanmore," which the officer has produced; he gave it to me, and said be would pay me for my trouble, if I would go with him next morning. On Tuesday morning, about ten o'clock, I met the man in Smithfield, and we went to Wooster's together; I said to Wooster, "Here is a man has got a pony for sale, I think it will suit you;" we all went together to the inn; the man brought the pony out of the stable and ran it down the yard three or four times. Wooster said to the man "What do you want for it?" he said, 3l. 10s.; he said that was too much; he said, "What will you give?" he said 2l. 10s.; the man said, "You may give me another crown, for I am to pay that man for his trouble."
THOMAS WOOSTER re-examined. Miles told me he would pay the prisoner for his trouble—he said to him, "I will settle with you in a minute"—the prisoner asked me for half-a-crown for his trouble, and I paid him.
NOT GUILTY .
1458. JOHN BROWN was indicted for stealing, on the 19th of April, 14 waistcoats, value 2l. 12s.; 6 jackets, value 1l. 1s.; and 2 holland coats, value 9s.; the goods of Josiah Lowe—2nd COUNT, stating them to be the goods of Wm. Buck.
19th of April I had three brown-paper parcels on my truck, which I was drawing up the yard of the Greyhound, public-house, in King-street, Smithfield, and in less than two minutes one parcel was taken from the truck—I proceeded down the yard in search of the parcel—I met the witness Ingham and asked him something, and went after the things, but have never found them—the witness pointed out the prisoner to me in about two minutes after I had lost the parcel, and I took him into custody.
Cross-examined by MR. PAYNE. Q. Had you seen the parcel packed up? A. I packed it myself—I know it contained waistcoats and jackets—the prisoner was pointed out to me just as he was turning the corner of King-street into Smithfield—I was going down the yard—I did not go down all the way before I missed the parcel—on missing the parcel I came up the yard again, and spoke to somebody who pointed out the prisoner to me—he was walking down West-street when I apprehended him—I followed him down there, took him by the collar, and brought him to the corner of the street—he then resisted me—I held him till the policeman came—he tried to dash my head against the stones—he was walking pretty quick—I did not see any parcel—he did not come out of the yard or pass me.
GEORGE INGHAM . I am a straw-hat manufacturer, and live in Wellington-street, Goswell-street. I was walking down King-street, Smithfield, and saw the prisoner coming out of the Greyhound yard with a brown-paper parcel under his arm—I saw him pass it over to another man who was waiting at the corner—he wrapped it up in a blue baize wrapper, and they walked across the road together—they saw that I was noticing them—I crossed the road—Buck came out of the yard—I gave him information—I am positive the prisoner is the person that took the parcel, I noticed him so particularly.
Cross-examined. Q. Were you going along on your own business? A. I was—I had never seen him before to my knowledge—I do not know what became of the man with the parcel—he must have run into some of the courts or places about there.
GUILTY . Aged 40.— Transported for Seven Years.
1459. ELIZA WATTS, ELIZABETH ELWOOD , and CATHERINE SULLIVAN were indicted for stealing, on the 6th of May, 19 yards of printed cotton, value 10s., the goods of Zephaniah Simpson; Watts having been before convicted of felony.
EDWARD SIMPSON . I am in the employ of Zephaniah Simpson, a linendraper in Farringdon-street. On the 6th of May, I was in the shop, and saw the three prisoners surrounding the door—Elwood and Watts took from an iron inside the door a piece of printed cotton—they both pulled together—Sullivan was at the side of them, moving a piece of calico which was there, to conceal their movements, and prevent the appearance of any thing being missed—I went out, and saw the three prisoners surround the window—Elwood and Watts were passing the cotton from one to the other, shuffling it about, and Sullivan was standing behind them—I then saw the piece of cotton drop from them—they were all on the spot outside, the cotton had been removed from two feet inside the door, to about two feet outside—I brought Elwood and Watts into the shop, and gave them into custody—this cotton is Mr. Simpson's property.
Elwood's Defence. I know nothing of the print—I saw a lot of girls by the window—I saw the print lying down, and said to Watts, "There is a piece of print lying down."
Watts's Defence. I was at the corner of Farringdon-street—I saw the print lying down—a gentleman came out—I told him his print was lying down—he said I must go inside, and I did.
Sullivan's Defence. I am innocent—I was looking at the calico.
ELWOOD- GUILTY . Aged 17.— Confined Three Months.
WATTS— GUILTY . Aged 17.— Confined Nine Months.
SULLIVAN- NOT GUILTY .
(The certificate of Watts's former conviction not being signed was not received as evidence.)
EDWIN JAMES ELDER . I am errand-boy to Richard Alfred March, a hatter in Eastcheap. On the 30th of April I saw the prisoner at the door—he reached in at the door, took a cap and walked out—I ran after him, and caught him in Leadenhall-market—he got under a butcher's stall—I brought him out—be threw himself into the gutter—I dragged him up—he asked a man to give me a good hiding—he said it was his cap, his father had just bought it for him—he had the cap on his head—this is it—it is my master's—he had no cap of his own—I was standing at the door at the time he stole it.
JOSEPH MARCH . I was in the shop—I saw the prisoner on the other side of the way, and Elder in pursuit of him—I saw the prisoner holding the cap down by the wall—Elder ran after him, and brought him back in about five or ten minutes—I pulled him in, and asked where he got the cap from—he said his father bought it a fortnight ago at my brother's shop—I gave him into custody—the cap was quite new.
GUILTY. Aged 12.—Recommended to mercy. — Confined Ten Days, and Whipped.
JOHN WHITEHOUSE. I am a linen-draper in Oxford-street. The prisoner has been my shopwoman for fifteen months—in consequence of circumstances I gave a marked sixpence and 3d. to be brought to the shop—it was her duty to enter everything in this book, and also to make a check on a small piece of paper, with the number of the customers she had served during the day, the amount of money she had taken, and the number of her book—I produce two tickets, No. 6, for 7d., and No. 9, for 8d., and they are so entered in the prisoner's check-book—I charge her with having received 9d. on the first occasion, and 10d. on the second—she only paid 7d. and 8d—that was on Saturday, the 9th of April—she ought to have paid 9d. and 10d.—both payments were made within a half or three quarters of an hour.
Cross-examined by MR. CLARKSON. Q. Do you occasionally have a bankrupt's stock to-sell off? A. No, nothing of the sort—I have frequently
sold of stock—we have had bills up, stating, "The stock of this shop selling off under prime cost," and "Tremendous Sacrifice!"—I removed a stock from a shop I had a little higher up, and we were endeavouring to sell that stock off—that was the stock that was stated to be sold at an immense sacrifice—that has happened about three times in the course of my life, within two years—the goods are all ticketed—I gave some of the marked money to Mr. Weeks to give one of the witnesses—it was a trap—the 9d. consisted of a sixpence, a penny-piece, and four halfpence—I have not been here before—I had a person up some time ago for robbing me—the 10d. consisted of a sixpence and 4d. marked—I cannot be positive whether they were pence or halfpence—I never was positive about it—I received the prisoner from her sister—she had lived with her fifteen years—her sister is in trade—I heard that she had borne an unblemished character.
COURT. Q. Was any money found on her? A. Yes, 4d. all marked—the money she received was my own money which I bad given my friend for the purpose.
See New Court, Friday. NOT GUILTY .
CHARLES THORPE . I live at No. 12, New-street Hill. I was formerly in the police—I have had a great many cases of this description here—on Saturday, afternoon, 7th of May, about half-past six o'clock I was on Holborn-hill, and saw a gentleman going up the hill, and the two prisoners following him—M'Carty laid hold of his coat-pocket, took out a handkerchief, and gave it to Connell, who tucked it in his trowsers pocket—it was raining very hard at the time—I looked up and down the hill to see if I could see the policeman that was on that beat—I at last saw him standing under Union-court gateway—I ran and told him—I then followed the prisoners to the corner of Hatton-garden, and gave them into custody to the policeman—in going to the station, I followed behind, and saw Connell slip the handkerchief out of his trowsers-pocket, and chuck it in a doorway in King-street—I do not know who the gentleman was—I tried to speak to him, but lost sight of him while speaking to the policeman.
Connell. He said at the office, that he knew the gentleman. Witness. I did not—I said I should know him again, and would try to find him—I thought he had gone into a linendraper's shop on the hill—he had a blue bag on his back, and an umbrella in his hand—I inquired at the shop, and they did not know such a person.
WILLIAM FINN . I am a city policeman. Thorpe gave me information, and I took the prisoners—I received the handkerchief from Thorpe at the station—he said Connell had thrown it down—I did not see him do so.
M'Carty's Defence. We were walking up Holborn-hill, but we never picked any pocket.
NOT GUILTY .
1463. GEORGE MULLINS was indicted for stealing, on the 12th of April, 1 drachm of tobacco, value 1/2 d.; 1 piece of foreign coin, calledhalf a paster, 1 sovereign, 8 half-crowns, 20 shillings, and 20 sixpences, the property of William Lacy, from his person.
WILLIAM LACY . I bought myself off from the Marines, at Woolwich. I afterwards went to the Britannia public-house, and there saw the prisoner—I had never seen him before—he came up to me as I was drinking, and asked me if I was going to town—I said, "Yes"—he said he would go with me—I said I was going to Bath—we went together from the Britannia to the Two Cups public-house, at Greenwich—we then came to London-bridge, and from there to Paddington, in a cab—I was drank—I had 1 sovereign, 8 half-crowns, 20 shillings, 20 sixpences, half a paster, a piece of tobacco, and a black-stone in my pocket—we went to the Dudley' Arms public-house, at Paddington, about seven o'clock—I missed my money while I was there, and gave the prisoner in charge—I know this half-piaster now produced.
Prisoner. Q. What time was it when we left Woolwich? A. I do not know—I was not to say drunk when I left Woolwich—I bought a hat at Woolwich for 5s.
THOMAS BECK . I am a farrier, and live in Dudley-grove, Paddington. I was in the Dudley Arms, about eight o'clock, and saw the prisoner and prosecutor arrive—they were both drunk—the prisoner had a white bag—he came back to the bar, and called for a pint of ale—he put this coin on the counter for payment, but the bar-maid would not take it—he took it up, and put it into his pocket, and paid with a shilling—he then asked a boy, who he was treating with some ale, if he would show him the way to the Old Kent-road—he went out, came in about five minutes, and called for a pot of half-and-half, for which he paid a shilling—he went out again, came in, and called for some more—he took sixpence out of his pocket to pay for it—each time he pulled a handful of money out—he said, "I have not got the medal"—I do not know what he meant by that—I said something to the landlord—he detained the prisoner, and sent the waiter into the room where the prosecutor was—the prosecutor was asleep—they awoke him, and asked if he had lost any thing—he put his hand into his pocket, and said he had lost 3l. 10s.—an officer was sent for, the prisoner was searched, and one sovereign, two half-crowns, seven shillings, and fifteen pence were found on him—he said to the prosecutor, "Bill, let us go out of doors, and settle it"—the landlord would not allow it.
SAMUEL HAMPTON . I am a policeman. I was sent for—the prosecutor gave the prisoner in charge for robbing him of 3l. 10s., from his trowsers-pocket—I took him into the parlour, and in his trowsers-pocket found one sovereign, two half-crowns, seven shillings, five sixpences, fifteen pence in copper, a half-paster, a piece of tobacco, and a small piece of black stone—I said to the prosecutor, "Can you identify any thing—I have taken from the prisoner?"—having the half-paster between my thumb and finger, so that he could see the edge of it, he said, "Yes, that is my half-paster that I brought from Egypt with me, and the tobacco I had in my mouth two hours previously, which I took out to have something to drink.
Prisoner's Defence. The prosecutor asked me to come to London, to carry his bag; I came, and went with him to the Dudley Arms; I persuaded him to go home to Bath; he went with me to the Great Western, but would not go; he was tipsy; he put his hand into his
pocket, gave me the money, and said, "You can take care of it better than I can;" we went into the tap-room, and he went to sleep—in about half-an-hour they took me into custody; they awoke him up, and asked him if he had lost any thing; he said he did not know at first; he then said he had, and the landlord gave me in charge.
GUILTY . Aged 22— Confined One Year.
WILLIAM MONDAY . I am shopman to Mr. Edward Bull, of Shoreditch. About half-past one o'clock, on the 14th of April, the prisoner came to our shop, and proceeded to the bins to select leather—he was there a long time—I observed his coat buttoned, and something very bulky under it—when he went out, I followed him—he went into the passage of a public-house—I followed him, and found in his hand five pieces of leather, which I had seen safe in the shop that same morning—I had only sold him one piece.
Cross-examined by MR. LUCAS. Q. What did he pay for that? A. 1d.—I know the leather to be my master's by comparing it with other leather which was finished at the same time—the prisoner dealt at our shop.
(The prisoner received a good character.)
GUILTY. Aged 18.—recommended to mercy. — Confined Two Months.
Sixth Jury, before Edward Bullock, Esq.
GUILTY . Aged 32.— Confined Three Months.
GUILTY . Aged 34.— Confined Three Months.
GUILTY . Aged 18.— Confined Nine Months.
GUILTY . Aged 22.— Confined Three Months.
HENRY BARBER . I am a tailor, and live in Goswell-street. On Saturday, the 12th of April, I received information, came out, and missed my brass window-guard—I pursued the prisoner—a boy pointed him out to me—I met a policeman, who took him within three minutes—I have never seen my guard since.
THOMAS FEALY . I am a shoemaker, and live in Glasshouse-yard—I have known the prisoner about four years, and know his person well. On the 12th of April, between nine o'clock and twenty minutes past nine in the evening, he passed me, and said, "Ah, I did not know it was you"—he walked by me, went up to the prosecutor's window, undid the guard, and walked off with it under his arm—I gave information to Mr. Barber, and went with him in pursuit—I saw him again in about seven or ten minutes at the Red Cow public-house, Long-lane, Smithfield, and he was given into custody.
Prisoner. You said you could swear to me if I changed my coat, and I could prove I had no other coat. Witness. I know him by his person.
Prisoner. I never had the guard, and know nothing about it.
GUILTY . Aged 16.— Confined Three Months.
JOHN WILLIS . I work at Mr. Ruddy's brick-fields, at Hillingdon. Last Sunday morning, the 8th of May, I went to the Packet-boat public-house, at Cowley, about nine o'clock—the prisoner, a man named Charles Brown, and another, were there—we had three or four pints of gin between us to drink—we were there about an hour and a half—we were all the worse for liquor—I came out of the Packet-boat about ten o'clock, and laid down, going along, on some grass by the road side—the prisoner was with me at the time—the other men were behind—they were of the party—I had two or three half-crowns in my left-hand pocket—I missed them when I awoke, between four and five o'clock—I am sure I had them when I came out of the Packet-boat—I afterwards went to the prisoner, and asked if he had any of my money—he said he had not.
GEORGE RAMSDEN . I am a brickmaker. On this Sunday morning I was called by Dell and Chisnell, and saw the prosecutor lying on his back near Crowley-bridge, on the road-side, asleep—he was not sober—I saw the prisoner, who was kneeling on him, take two half-crowns and some small silver out of his left-hand trowsers pocket,' and turn the pocket inside out—I asked him what he was doing to the prosecutor—he said, "Nothing"—I said to the prosecutor, "You have been robbed"—he made some blunder, and I told a boy who was with him, if he would come down to me I would tell him who had got his money—the prosecutor said he had lost some money—I told the prisoner he was robbing him—I saw his hand in the prosecutor's pocket, and saw the money come out—I did not say that before the Magistrate—I do not exactly recollect whether I said it or not, I was flurried—I am quite confident I saw it—I went on to Uxbridge, and came back in about an hour and a half—I saw the prosecutor lying in the same position as I had left him—the prisoner was gone.
JOHN DELL . I am sixteen years old. On this Sunday morning, about ten o'clock, I was going along the road, and saw the prosecutor lying there, and the prisoner kneeling down on him—he put his hand into his left-hand pocket, and turned it inside out—I did not see him take any thing—I saw no money—I called Ramsden.
the prisoner kneeling down on him—he had got his hand in the prosecutor's left-hand pocket—I did not see him take any thing out—his hand was shut—I did not see any money.
ROBERT RIGARLSFORD . I am a policeman. I was called by the prosecutor to take the prisoner, on Sunday night, about seven o'clock, for stealing three half-crowns—I went to his lodging—he said he was very drunk at the time, he would rather settle it than go to the station—I searched him, and found three half-crowns, ten shillings, and ten pence in his possession.
GUILTY . Aged 18.— Confined Twelve Months.
1471. CATHERINE M'CARTHY was indicted for stealing, on the 4th of April, 5 skins of leather, value 1l. 1s., the goods of John M'Kenzie, her master; and JANE COLLINS , for feloniously receiving three skins, part of the same, well knowing them to have been stolen; against the Statute, &c.
JOHN M'KENZIE . I am a bookbinder, living in Crown-street, Westminster—M'Carthy was my servant of all work for fifteen months. On the 4th of April I missed two Venetian and one red Turkey morocco skins from the back room where the apprentice-boys sleep—I received some information, in consequence of which I accompanied George Cheeseman, a leather-seller, about three days after I missed my property, to a shop in Little Earl-street, Seven-dials, kept by Collins—we found three of the skins I had lost—these produced are them—they are mine—when I went in they were on the counter—she deals in what are called pieces of skins, of various colours and all descriptions—I examined the skins, and knew them perfectly—Collins was not there when we went in—she came in afterwards, and we accused her of buying the skins knowing them to be stolen—she was asked who she bought them of—she said she bought them of an Irish woman—she was asked if she knew her—she said she did not, she never saw her before—she first of all said she had given 11s. for them—her son contradicted her, and said, "No, mother, you gave 15s. for them"—she then recollected herself, and said we were welcome to take the skins away, or something of that kind—the officer asked her if she had entered them in a book—she said no, she had not—the officer afterwards came to my house, and made a little inquiry—the next morning Collins's son came down and identified M'Carthy as the person that had sold the skins—she denied it—search was made in my presence in the kitchen, and two skins were found under a box at the bottom of a standing-press against the kitchen wall—they were my skins which I had missed—the skins now produced are mine.
Cross-examined by MR. PHILLIPS. Q. What was the expression Collins made use of as to the person that sold these things to her? A. She said she was an Irish woman—I am sure of that—the policeman was present when she said that—she said the woman who brought the skins to her was dressed in a reddish plaid shawl, and a straw bonnet, trimmed with green—my eldest son is twenty-eight years old—he is not living in the house with me—he worked for me at this time—M'Carthy was my only servant—I had two work women, named Norris and Webb—they could go into the room where the skins were—they had no business there, but the door was never locked—I have heard from my wife that M'Carthy has told her something about my son and Webb—Collins said the woman who brought the skins came in the afternoon—I cannot say whether she named
any hour—I do not recollect her saying anything about half-past eleven—I do not think that I should forget it, if she had said it—M'Carthy was about my house the whole of the day, on the 4th of April, till three o'clock—Collins's house is as far from mine as from here to Blackfrian-bridge—I do not think it is farther.
Cross-examined by MR. PATHS. Q. When Collins was asked whether she entered them in a book, did not she say she did not keep a book? A. Yes—I had been there full twenty minutes before she came in—she offered to give me back the skins if they were improperly obtained—she said she could not identify the young woman herself, but her two sons could.
WILLIAM COLLINS . I am son of the prisoner Collins, and live in Earl-street, Seven dials. Between eleven and twelve o'clock, on Monday the 4th of April last, M'Carthy brought five skins of morocco to my mother's shop in Earl-street, and offered them to my mother for sale, my mother bought them for 15s.; these look like them. I cannot swear to them.
Cross-examined by MR. PHILLIPS. Q. Do you know the policeman in this case? A. Yes—I was speaking to him last, outside a few minutes ago, about these skins—I said, I thought I should know the skins again if I saw them—I believe that was all—M'Carthy's name was not mentioned between us—I cannot swear that—he did not name any thing about M'Carthy to me, nor I to him—not as I recollect—he did not name any thing about M'Carthy to me, nor I to him—I swear that positively—I cannot recollect any thing about it—I did not mention her name to him in a public-house opposite—I believe he said something about it—I cannot recollect what he said—I believe what he said was, if we could swear to M'Carthy, mother would be liberated—I forgot that before—that was about three weeks ago—he did not mention M'Carthy's name to me a few minutes ago—he asked me if I could swear to these skins—I told him no, I could not—I said nothing to him about M'Carthy this evening to my recollection—I cannot swear I did not—I believe he said something about M'Cartby—he said, "Mind what I told you; if you swear to M'Carthy your mother will get off"—I can not say how the woman was dressed when she sold these things to my mother—I believe she had a reddish plaid shawl, and a straw bonnet trimmed with green—I am sure of that—my brother Henry John Collins was present when the polioeman told me, if I swore to M'Carthy my mother would get off—he was taking part in the conversation in the public-house—he was outside to-night, when the policeman was talking to me, and heard what he said.
HENRY JOHN COLLINS . I am the son of the prisoner Collins. On the 4th of April, M'Carthy came to my mother's shop with some skins—she asked mother if she would buy them—mother asked her if they were hers—she said they were her husband's—be was rather short of money, and he would buy them back again, if they were not sold in a short time, but she would not keep my mother from selling them—my mother bought them—I do not know what she gave—M'Carthy was in the shop about ten minutes—I should not know the skins again.
Cross-examined by MR. PHILLIPS. Q. You told the Magistrate about the husband being short of money, and he would buy them again? A. No; no one told me to say this to-night, that I am quite sure of—I have not spoken to any body as to the evidence I was to give, that I am sure of—I never had any conversation with the policeman about it—I am quite
certain of that—nor has my brother to my knowledge—I and my brother have not been speaking to the policeman to-night about the evidence we were to give—that could not have happened, and I forget it—I was not in a public-house opposite this Court with my brother and the policeman about three weeks ago—I never spoke to the policeman at all concerning this, nor my brother in my presence—I am quite sure of that—he has never told me a way for my mother to get off—the policeman said, if I could swear to M'Carthy my mother would get off—he told me that when he was taking me to Mr. M'Kenzie's house to identify the girl—it was before I saw her—I did not hear him say so to-night in my brother's presence—my brother was not present when he told me that—he did not tell me so to-night in my brother's presence.
Cross-examined by MR. PAYNE. Q. How long has your father been dead? A. About five years—my mother has three children—she is a widow.
JOHN MASSEY TIERNEY (police-constable A 8.) On the 5th of April, I went with the prosecutor to a shop in Earl-street—I saw William Collins sitting at work behind the counter, and his sister in an inside room—the prosecutor, an inspector, and M'Lindiman were there—I saw some skins open on the counter at the time I entered—Collins came in, and Mr. M' Kenzie asked her where she bought the skins—she said from a female, who represented herself as coming from her husband to sell them—her sons afterwards said it was an Irishwoman—we took her to the station—as we were going along she was rather willing to speak to me—I cautioned her that any thing she said would be used as evidence against her—she said the five skins she bought for 15s.—in consequence of information, I afterwards went to Mr. M' Kenzie's, and took M'Carthy into custody—I told her what it was for, and she denied all knowledge of it.
Cross-examined by MR. PHILLIPS. Q. Did Collins, when she answered the prosecutor, say it was a woman, or an Irishwoman? A. I think she said it was a female, and her sons said it was an Irishwoman—I will not be positive whether she said it was a woman or an Irishwoman—I believe she said a female—I do not believe she said an Irishwoman—I never pointed out a way to any body by which she might get off—not to any of the witnesses—I did not do so to-night, or at any time—I have been out of Court whilst the two Collins's have been examined—on the 6th, I think, the eldest Collins, I believe, asked me some questions, and I think I said, that I thought by finding the thief they might be the means of saving Mrs. Collins in a great measure—I went with young Collins to identify M'Carthy—on my oath, I did not, on my way, tell him if he could swear to M'Carthy his mother would get off—I have not talked to any one within the last half-hour about the evidence they were to give—I have not said to either of the young Collins's to-night, that if they swore hard to M'Carthy their mother would get off—I said nothing of the kind—I never was in a public-house opposite this Court with either of these young Collins's—I went last evening to tell them to be here at nine o'clock this morning—I think the public-house is called the Pitt's Head—I went in there last evening after the Collins's—I did not tell either of them if they swore to M'Carthy their mother would escape—if either of them have sworn that it is false—I would not believe them on their oath if they swore that.
went to Collins's shop, in Earl-street, Seven-dials—I asked for some skins, and they produced a bundle of skins from a cupboard—the prisoner Collins came in while I was looking at them—I had previously asked the price of the shopman—he said 5s.—when she came in she pointed to one, and said it was a very beautiful skin, worth 8s.—it was folded up in a slovenly manner—I said I would take the skins, and as I had not money sufficient in my pocket, I would leave a deposit and call for them in the evening—I was to give 12s. for the two—I left half-a-crown deposit—I went again in the evening with the officer, and told a young man in the shop I had called for the skins which I had paid a deposit for—they were produced from the cupboard, and spread on the counter—the officer came in, and took possession of them—I saw the red skin—I did not make any offer for that—I merely asked the price, and she said 8s.—these are the three skins I saw there.
MR. PHILLIPS called
MRS. M'KENZIE. I am the wife of the prosecutor—M'Carthy was in our employ—the character we had with her was a good one. On the 4th of April she did not leave our house till three o'clock—I am quite sure of that.
NOT GUILTY .
1472. CHARLES PARKER was indicted for stealing, on the 24th of January, 41 smock-frocks, value 7l.; 42 waistcoats, value 7l.; 5 jackets, value 15s.; and 1 wrapper, value 1s.; the goods of John Matthews.—2nd COUNT, stating them to be the goods of William Thomas Collins; and JAMES EWER , for feloniously inciting him to commit the said felony.
MR. DOANE conducted the Prosecution.
JOHN MATTHEWS . I formerly kept the New Inn-yard, Old Bailey, I now occupy a booking-office at the Saracen's Head, Snow-hill. On the 24th of January last, I had a package of goods to be sent to Mr. Collins, of Sudbury—in consequence of a loss I sustained I concealed myself on the premises, about half-past five or six o'clock—I saw Ewer, who had been formerly in my service at the New Inn yard, come and take the key from its place from a small window by the side of the door of the counting-house, he unlocked the door, walked in and turned round, came out again, locked the door, and put the key in the place where it formerly hung—he then came out, looked under the coach that was standing opposite the office, and afterwards went away—I had engaged Ewer at the Saracen's Head, and he would know the custom of putting the key there for the private watchman—about half an hour after Ewer went, I saw Parker—he took the key, unlocked the door, and walked into the counting-house—I saw him take the truss out of where I had put it—he brought it out, put it on the coach-wheel, and took his hat off, with a view of carrying it—in consequence of a party coming out of the coach-office, which rather startled him, he carried the truss back again—I immediately rushed out and collared him, and recognized who he was—he said, "For God's sake, master, let me go, I will take you to Ewer, who told me where to find the key"—I told him I would not let him go as long as I could hold him—he succeeded in getting away, and was never found till the 19th of last month—this truss contained the goods mentioned in the indictment—it was directed to "Mr. Collins, Sudbury"—I afterwards sent them by the Chelsea
carrier—neither of the prisoners had any business at my place at that time.
PARKER— GUILTY . Aged 25.— Confined Four Months.
EWER— NOT GUILTY .
OLD COURT.—Thursday, May 12th, 1842.
Second Jury, before Edward Bullock, Esq.
1473. EMMA VETRIN was indicted for stealing, on the 14th of April, at St. James, Clerkenwell, I ring, value 8s.; 1 handkerchief, value 1s.; and 1 sovereign; the property of Paul Beardsley, her master, in his dwelling-house; to which she pleaded
GUILTY . Aged 29.— Transported for Ten Years.
WILLIAM W. I am assistant to John Creed Dexter, a pawnbroker, of Union-street, Spitalfields. On the 12th of April I saw the prisoner at the shop-door, loitering about with two other boys and a girl—I watched, and saw him go to the door, roll a pair of trowsers off the door, and put them into his apron—I ran and secured him about fifteen yards off, and said, "What have you got there?"—he said, "I didn't steal them, a man gave them to me"—I brought him back to the shop and gave him in charge—the constable took the trowsers out of his apron in the shop—they are my employer's.
GUILTY . Aged 14.— Confined Three Months.
Before Mr. Baron Alderson.
1475. JOHN CORNELIAS was indicted for feloniously forging and uttering an order for payment of 20l., with intent to defraud Edward Majoribank.—Other COUNTS, varying the manner of stating the charge; to which he pleaded
GUILTY . Aged 17.— Confined Two Years. (The prisoner received an excellent character.)
1476. THOMAS GREW was indicted for stealing 3 post letters, containing 1 box, value 1d.; 2 pencil-cases, value 12s.; 1 gold chain, value 3l.; 1 gold pin, value 15s.; and 1 gold seal, value 12s.; the property of Her Majesty's Post-master General; to which he pleaded
GUILTY . Aged 17.— Transported for Fifteen Years. (Ralph Thomas Garrat, hair-dresser, of Litchfield; Edwin Allen, solicitor, of Litchfield; and Charles Wiltshire, baker, Smithfield-bars, gave the prisoner a good character.)
NOT GUILTY .
1478. WILLIAM HEARN and JOSEPH HEARN were indicted for feloniously assaulting Harriet Julia Edwards, on the 12th of April, at Heston, with intent to rob her, and immediately before, at the time of, and immediately after the said assault, feloniously beating, striking, and using other personal violence to her.
ANN EDWARDS . I live at Harlington, Middlesex. On the 12th of April, about three o'clock in the afternoon, I was walking with my daughter Harriet Julia from Harlington to Hounslow along the road—I saw the two prisoners sitting on the edge of the path, with their feet over the dry ditch—I walked along the path, and when we got near them, the prisoner William arose, and asked the other to come on—the other said he was not ready—he was in the act of lacing his boot, and a piece of bent wire or hook laid by him—William took the hook up, and said, "Come along"—Joseph said, "I am not ready to come"—I went on, and patted Joseph, sitting on the bank, and came up to William—he turned round, and asked me to give him some halfpence to help him on the road—I said I had none—he said, "I must have some money"—he then snatched at the child's bag, which hung on her arm, but did not get it from her—he got hold of it—I think it tightened on her arm—he laid hold of her arm, and drew her towards himself, from me, and she fell down—I struggled to save her, and in doing so was thrown down myself—I screamed "Murder," and then ran away with the child—I do not know whether any body followed me—the next thing I am conscious of was finding the child hang heavily on my arm—on turning round I observed the prisoners on the path—William had a atone in his hand, and said, "Murder? ay, I'll murder you;" (not meaning to murder me, but as a threat at my having called "Murder")—I do not know that they had thrown the stone—some carts were coming towards us, and they both, ran away—Joseph did nothing whatever to me—they ran away together—I had never seen them before.
Cross-examined by MR. PHILLIPS. Q. They did not do you any mischief, or your daughter? A. No—I was not hurt at all beyond the fright.
CHARLOTTE GILLHAM . I was going from Cranford to Hounslow, and saw Mrs. Edwards and her daughter walking—I saw the two prisoners on the side of the bank—I saw William get up a few minutes before Mrs. Edwards got to them, and walk on before her—he turned round at the time Mrs. Edwards overtook him, and said something to her—I do not know what—I saw him catch hold of the child's bag, but he could not get it off her arm—he caught hold of the child's shoulder, and threw her down—Mrs. Edwards fell on the top of her—she then called "Murder" several times in the middle of the road, and scrambled away—Joseph did not do any thing then—after Mrs. Edwards ran into the middle of the road, calling "Murder," William ran after her, and said, "Murder? I will murder you," and took up a stone and threw it, but it did not hit her—I saw Joseph get up, take up a stone, and have it in his hand—William put his arm up to prevent his throwing it, and he did not throw it—Joseph said, "If I had been in your place I would have made her halloo louder."
of him, provided his brother got clear, as he was innocent—I took them at Cranford, about half-an-hour after the transaction—I only found a farthing on them.
CHARLES OTWAY . I am a policeman. As the prisoners were going to the Magistrate, William said they had been out of work since the week before Christmas, walking about, endeavouring to get work, and he did not care if he was transported.
HARRIET JULIA EDWARDS . I was walking with my mother—the prisoner William came up, and asked mamma for money—she said she had none, or she would give it him—he said, "Money I want, and money I will have," and snatched at my bag—I twisted it round, so that he could not get it away—he pulled me by the arm, and threw me down—whether mamma fell, or was thrown down, I do not know—there was nothing but my pocket-handkerchief in my bag.
(The prisoners received good characters.)
WILLIAM HEARN— GUILTY of an Assault. Aged 25. Recommended to mercy. — Confined Three Months.
JOSEPH HEARN— NOT GUILTY .
1479. ELLEN THOMAS was indicted for feloniously assaulting John Wilks, on the 23rd of April, and cutting and wounding him in and upon the left cheek and throat, with intent to do him some grievous bodily harm.
JOHN WILKS . I am twelve years old, and live with my mother, in Parker-street, Drury-lane. The prisoner lived in the next room to my mother—on Saturday, the 23rd of April, about three o'clock in the afternoon, the prisoner told me to get her a pint of beer, and half-a-pint of gin—I went, and she gave me some gin—I afterwards went into my mother's room—the prisoner went down stairs, then came up, and called me—I went into her room again, and she locked the door, told me to sit down, and said, "Pour the gin out, and drink"—I said, "No, you drink first"—she drank, and then I drank—she said, "Pull off your handkerchief, for fear it should choke you"—she was drunk—I took my handkerchief off, and drank the gin—she then gave me a halfpenny to go and get some Pease pudding, which I got, and came back—she told me to sit down again—I said, "Will you have a bit?"—she said, "No, eat it yourself," which I did—she said, "Get the bread and butter out of the cupboard, I will cut you some," which I did—she told me to cut it for myself—I cut it, and just after I swallowed the last bit, she said, "I want to speak to you"—I went to her—she laid hold of me by the shoulder, and cut ray cheek—she got up—I pushed her back by the fire-place, ran to the door, and then she cut my throat with a razor—she was very drunk at the time—I had given her no offence—she only said, "I want to speak to you"—she had a pipe in her mouth all the time—I was carried to King's College hospital—here is the mark on my cheek, and on my throat.
Cross-examined by MR. HOWORTH. Q. How long have you known the prisoner? A. I do not know, during the time she lived in the next room to my mother—she was always kind to me—she had been constantly drunk for a length of time, two or three weeks—I had not heard her say anything about murdering anybody.
SOPHIA WILKS . I am the witness's mother—I remember seeing the prisoner the afternoon this happened—she was very drunk—when I went home, about half-past three, my boy was sitting blowing the fire—I saw
he had been having something to drink, and scolded him for it—the prisoner came and said, "Don't scold him, he is a good little boy, and don't deserve scolding"—I said, "I am very angry with him, and not best pleased with you, Ellen"—presently she came and asked if I would allow him to fetch her a pint of beer—I said, "Yes"—he went out—I afterwards heard a terrible scream from my boy, I ran to the door, and found it fast—I shook the door, and said "Open the door"—the child opened it at last—I saw the razor at the child's throat, and her arm round his waist—she had the razor—she was at the child's throat, as if in the act of cutting it then, and he was bleeding tremendously—I screamed and put the razor back with my hand—I flung her away, pulled the child to me, took my handkerchief, end bound it round the wound—I called out, and people came to my assistance—the wound was sewn up at home, and he was carried to the hospital.
Cross-examined. Q. How long have you known the prisoner? A. Six or seven months—I always found her a very good neighbour, and very kind to my children—I think she has had trouble on her mind for three weeks which induced her to drink more than usual—when I screamed and took the child from her she looked at me but made me no answer—when sober she was remarkably kind and quiet—I never knew her do any act of violence before—for three weeks before this, in consequence of some trouble, she was continually intoxicated.
CHARLOTTE REPUKE . I was in company with Mrs. Wilks—when the child screamed out, I went with her to the door, when it was opened I saw the prisoner with a razor in her hand—she had been cutting his throat—his neck and chest were covered with blood.
Cross-examined. Q. How long have you known the prisoner? A. Since I have lived there—she was generally quiet and inoffensive—for some time she has been constantly in a state of intoxication—I did not hear her say anything about murdering anybody.
JOHN TOMKINS . I am a policeman—I took the prisoner immediately after this took place—she was very drunk—she could walk, that was all—there was blood about her—I took her to the station, and while she was there she said, "I intended to commit murder on some one else, not the boy, but the boy was the first person that came in the way, and I did it to him."
Cross-examined. Q. Did she give any reason for intending to commit murder?A. No—I cannot say how long she was before she became sensible—she was given up to another constable—she was drunk at that time, and hardly knew what she was saying.
MARK TODD . I am a dresser at King's College Hospital—I saw the boy the day after he was brought in—he had a wound on the throat about two inches long, and one on the left cheek, not quite so long, they were both such as a razor would have inflicted—they were merely superficial wounds, not dangerous—they might cause a great effusion of blood.
MR. HOWORTH called—
MRS. HILDITCH. I have known the prisoner six years—when sober there is not a quieter creature under the sun.
COURT. Q. She knows what she is about when sober? A. Quite so. GUILTY . Aged 26.— Confined Three Years.
First Jury, before Mr. Recorder.
GUILTY . Aged 17.— Confined One Month.
NEW COURT.—Thursday, May 12th, 1842.
Sixth Jury, before Mr. Common Sergeant
1482. JOSEPH TOLLEY , was indicted for stealing, on the 18th of April, 1 waistcoat, value 10s.; 1 coat, value 2l.; 1 pair of trowsers, value 12s.; 1 cravat, value 2s.; 1 handkerchief, value 1s.; 1 shirt, value 3s.; and 1 brooch, value 3s.; the goods of William Secker.
WILLIAM SECKER . I am a porter and lodge at Mrs. Thompson's. On Monday the 18th of April, I went into my room and missed from my drawer the articles stated, which I had seen safe on the Sunday night before—this handkerchief now produced is mine, and was in the drawer with the other clothes—nothing else has been found.
Cross-examined by MR. PAYNE. Q. How do you know the handkerchief? A. By this corner being cut off.
REBECCA THOMPSON . The prosecutor lodged with me. On the 18th of April, at ten o'clock in the morning, the prisoner came to take a lodging—he said he had worked at Pickford's, in Wood-street, for seven years—he did not know whether he should bring his box that night—he said he should come about eight o'clock, which he did, and remained about a quarter of an hour or twenty minutes—he went up stairs with my little boy—he brought a roll of paper and I lent him pen and ink.
Cross-examined. Q. Are you sure he is the person? A. Quite—I let him out—I saw him four times altogether that day—he came and sat down in my room, and I talked to him—I knew him again directly I saw him at Guildhall.
Cross-examined. Q. Are you sure of him. A. Positive.
BENJAMIN BURT . I am a policeman—I took charge of the prisoner on the 26th of April, at Great Turnstile, Holborn, and found this silk handkerchief on him, a bunch of nine keys, five duplicates, and another handkerchief.
Cross-examined. Q. Where was this handkerchief which the prosecutor speaks to? A. In his hat with the other.
GUILTY . Aged 23.— Transported for Seven Years.
1483. ELEANOR GRIFFITHS was indicted for stealing, on the 10th of April, 20 yards of lace, value 3s.; 72 buttons, value 6d.; 4 yards of ribbon, value 6d.; 6 artificial flowers, value 2s.; 1 knife, value 1s.; 1 thimble, value 6d.; 1 veil, value 2s.; 1 yard of merino, value 1s. 6d.; 1 habit-shirt, value 1s.; 1 handkerchief, value 6d.; 1 pair of stockings, value 1s. 6d.; 1 pair of sleeves, value 6s.; and 1 yards of Orleans cloth, value 1s. 6d., the goods of Joseph Goldsmid, her master.
Whitechapel. The prisoner was in our service—on Sunday, the 10th of April, the prisoner came into the parlour as she was going out with the children, I saw some flowers in her cap which I suspected were mine, and while she was absent I searched, and missed several articles from two closets, of which the prisoner frequently had the keys, and no one else, but myself—this twenty yards of lace, handkerchief, habit-shirt, and other things now produced are mine—I can swear to them—they were found in her box.
Cross-examined by MR. PAYNE. Q. How long had she lived with you? A. Three months—I had a nine months' character with her from Mrs. Pallet, of Thames-street—when she came back with the children, my husband fetched a policeman, and I said to the prisoner, "Where did you get these flowers from, which you have in your cap?"—she said she had bought them—I said they were mine, and that I wished to see her box—she said I might do so if I pleased—it was not locked—she said the things were her own, that she had purchased them, but could not tell where—I said, "I should like to see what you have in your pocket"—she said, "It is very hard I should be searched like this"—she took a number of things out of her pocket, among which I found a scissor-knife and thimble, which I claimed—she said they were hers.
(The prisoner received an excellent character.)
GUILTY. Aged 19.—Recommended to mercy by the Jury. — Confined Three Months.
JOSEPH MORLAND . I am a corn-dealer, and live in Broad-street, Ratcliff. On the 14th of April I bad been counting my Silver on my desk behind the counter—I left my shop for about four minutes, leaving 2l. 14s. on my desk—when I returned, 2l. 105. 6d. was gone, consisting of half-crowns, shillings, and sixpences.
JOSEPH FAGAN . On the 14th of April, about ten o'clock, I was standing opposite Mr. Morland's door, and saw the prisoner Driver standing by the window, Leadley standing alongside of the gate, and Eade standing inside the shop by the counter—Driver turned round to Leadley, and said, "It is all right"—presently I saw Eade come from the shop with both his hands full of silver—he put it into his outside jacket pocket, came to the door, and all three ran away.
Eade. You said before, that you saw me take it out of the till, and Mr. Morland says it was behind the counter. Witness. No, I did not—when you came out with the money you saw me, and turned as red as possible—I was tried here eleven years ago—I have since been working with my father at ballast heaving—when you came out, I went into the shop and gave information to Mr. Morland's daughter—a policeman came up—I told him directly, but when he got to the corner you were all gone.
GEORGE CARR . I am a policeman. I took Leadley and Eade between one and two o'clock, and found 2s. on Eade, and 7d. on Leadley—Eade had got some new clothes on—I asked him where he bought them—he said, at a shop in Back-lane, Cannon-street.
JOHN NICHOLAS . I am a policeman. I took Driver—I told him I wanted him for being concerned with two others in stealing some silver from Mr. Morland's shop—he said he did not know Mr. Morland—I said it was in Broad-street—he said he did not know Broad-street.
Leadley's Defence. When the policeman took me I had 7d.—he asked me how I got it—I said I had a job to carry some luggage, and had 9d.—I spent 1d. for a pint of beer—I know nothing about the money.
Driver's Defence. I know nothing about the money.
LEADLEY— GUILTY . Aged 20.— Transported for Seven Years.
EADE— GUILTY . Aged 16.
DRIVER— GUILTY . Aged 16.
Transported for Seven Years; Ship
The prisoner was my carter—my son sent him with a load of hay to Mr. Fowler's on the 1st of February—he never brought me 3l. 10s. 6d., the produce of the hay, as he ought to have done.
JOSHUA DOSSETT . I am the prosecutrix's son. I agreed with Mr. Fowler for a load of hay—I sent it on the 1st of February by the prisoner—the price was 3l. 15s.—the prisoner brought two trusses of hay back, which were returned—he was drunk, and he told me the same night that he had got the money—he ought to have given it me—he did not—he absconded that night, and I saw no more of him till he was taken by the police—I had a character with him.
Prisoner's Defence. I received the money from Mr. Fowler—I went to take a load of dung—I got drunk and lost the money. GUILTY. Aged 29.—Recommended to mercy. — Confined Three Months.
FREDERICK HARRIS . I live in Cursitor-street, Chancery-lane—the prisoner was a globe colourer, and worked in Chancery-lane—a long while ago I missed a cloth cloak—the prisoner was at that time working on the premises. On Thursday, the 7th of April, I went into the shop where he works, and saw a cloak hanging on a peg where he generally hangs his hat—I thought it resembled the one I had lost, which induced me to look at it, and there were sufficient marks to enable me to swear to it—I said it was my cloak—the prisoner said at first it was not, but soon after he said he hoped I would forgive him for this, it was the only thing he had taken—this is my cloak, and the one I lost.
(The prisoner received a good character.)
GUILTY. Aged 23.—Recommended to mercy by the Prosecutor and Jury, in consequence of his distress. — Confined Three Months.
(There was another indictment against the prisoner.)
1487. HENRY SLATER was indicted for stealing, on the 14th ofApril, 2lbs. weight of lead pipe, value 5s.; and 1 metal cock and ball, 6s. 9d.; the goods of Samuel Everett, and fixed to a certain building.—2nd COUNT, not stating them to be fixed.
SAMUEL EVERETT . I live in Silver-street, Bloomsbury. I missed a metal cock and ball and a piece of lead pipe from outside my yard—I know the lead produced belongs to me—it was fixed in the place which supplies the kitchen with water.
RICHARD PHCEBE . I live in King's Arms-yard, Silver-street. About ten minutes past nine o'clock, on the 14th of April, I was in my stable, I heard a noise, in consequence of which I went out into Mr. Everett's yard, and saw the prisoner coming along with something under his arm—I stopped him, and found it was a piece of lead and a ball and cock—he gave it me, and said he was very drunk—I took the pipe from him, and let him go—he was very drunk—the pipe was wrenched off.
Prisoner. I was very drunk. It was this man's place to give me into custody, not let me go home. I was at work next morning, and did not know any thing about it. He could not swear to me; he said it was a man in a red night-cap. Witness. I have not the least doubt he is the man—I never said I had any doubt—I did not know him before.
GUILTY . Aged 20.— Confined Two Months.
JOHN M'PHERSON . I am errand-boy to Mr. Reed, a linen-draper. On the 13th of April I was standing at my master's door, and saw Ralph take the cloak out of Mr. Pater's phaeton—I called "Stop thief"—he passed it to Jones—they both ran away down Vinegar-lane—I ran after them, and lost sight of Jones—he had the cloak—I am sure Ralph is the person I saw take it.
SAMUEL SOUTER . I was walking in Back-lane, Lower Shadwell—I saw Jones with the cloak under his arm, and Ralph close behind him—they were walking up Back-lane—I saw Ralph give Jones a white handkerchief, in which Jones wrapped the cloak—I passed them, and walked as far as Devonport-street—I saw a number of persons running—I asked a groom there if he had lost any thing—he said, "Yes, a cloak"—we went to the first turning in Devonport-street, and saw Ralph in Vinegar-fields—we ran after him—he was taken—this is the cloak I saw Jones with.
JAMES WHITING . I am groom to Mr. William Grange Pater. This is his cloak—I lost it on Wednesday, the 13th of April, from his phaeton, between twelve and one o'clock—it was missed for about half an hour.
Ralph's Defence. I was going down the Commercial-road to look after work, and heard the cry of "Stop thief." I ran, they ran after me, and stopped me. I know nothing about the cloak. I do not know Jones; I do not think I ever saw him before.
RALPH*— GUILTY . Aged 20.— Transported for Seven Years. JONES— GUILTY . Aged 19.— Confined Three Months.
Islington. On the 9th of April the prisoner came to my shop—I did not see him take the loaves—they were brought back.
WILLIAM HANNEY . I live in Elder-walk. Between seven and eight o'clock this evening I saw the prisoner take two loaves of bread from the prosecutor's shop, and give them to another boy—they stood under the window—I told the prosecutor a quarter of an hour after—I am quite sure I saw the prisoner take them.
Prisoner's Defence. I did not take them.
GUILTY. Aged 14.—Recommended to mercy by the Prosecutor, — Confined Eight Days, solitary.
JOHN CALNAN . I am a labourer, living in Bowling-green-street, Stoke Newington-common—the prisoner lodged in the same house as me. On Wednesday evening, the 6th of April, I had five sovereigns and two half-sovereigns—I pinned them in my left side waistcoat-pocket—the prisoner was in the kitchen at that time, and saw me with them—I went to bed, and laid my clothes down on a box by the side of the bed—the prisoner came to bed to me—he got up next morning about five o'clock—I got up about six—I put on my clothes, and went to work—I did not miss my money till about half-past six—no money has been found—three or four men slept in the room—the prisoner wanted to borrow 3s. from me the day before, to have his hand-saw mended, and down stairs, about eight or nine o'clock, he said he had only 1s. 6d.
Cross-examined by MR. BODKIN. Q. How long had you been sleeping at this place? A. About three months—the other three men were not sleeping there all that time—I cannot tell how long they had been there—one got another job, and left—he came on Saturday night, and this was Wednesday night—I had had the money three or four months—I did not pin it in my pocket every night—I had it in my box part of the time, and I took it out of the box—I and the prisoner and another lodger were in the kitchen at the time I pinned it in my pocket—he remained at the lodging after I missed my money till he was taken—he was working at that time at some distance, and had to get up early—I have been told he is the son of a respectable brewer at Ware.
RICHARD PAYNE . I and the prisoner were at a public-house in Whitechapel, on Thursday, the 7th of April, about eight o'clock in the evening—he had some beer, and paid for it out of a purse—I saw the purse had more than one piece of gold in it—he said there were very few journeymen weavers could carry so much as that—he did not say how much there was.
Cross-examined by MR. BODKIN. Q. Was this after dark? A. There was a light in the place—he said that when he took it out to pay for the beer—any body could see it—it was a green silk purse.
JAMES HAINES . I lodge in the same house as the prisoner. On Wednesday evening, the 6th of April, I was playing at cards with the prisoner—I won 16d.—he pulled 1s. 6d. out of his pocket, and said that was all the money he had to go through the week with—he paid me 16d.—I saw him on the Saturday evening following—he then had two sovereigns and some silver.
Cross-examined. Q. And he told you he had drawn the money from his master? A. Yes.
JOHN DAVISON . I am a wheelwright, and live at Old Ford, Bow. The prisoner worked for me about three days and a half—he began on Monday, the 4th of April, and worked till Thursday evening—I did not pay him any thing—he has never drawn two sovereigns from me on account of his work.
Cross-examined. Q. When did he leave you? A. On the Friday morning, but he did not do any work for me after Thursday—I do not know where he had been working before—I never saw him since, till before the Magistrate.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy. — Confined Three Months.
(There was another indictment against the prisoner.)
WILLIAM UNDERWOOD . I am assistant to Richard Attenborough, a pawnbroker, in Crown-street, Finsbury. About half-past six o'clock on Monday evening, the 11th of April, the prisoner came to our shop with another man—they wished to look at a pair of trowsers, which were taken down and shown them—they did not purchase them, and left the shop—shortly afterwards I heard an altercation between the shopman and the prisoner at the door—I went out, and saw a roll of silk waistcoating sticking partly out of the prisoner's pocket and partly under his coat—it had been hanging up inside the shop pinned to a piece of cotton—I collared the prisoner, and took him behind the counter—he was very violent, resisted, and tried to make his escape over the counter—I charged him with stealing the silk—he said he did not take it—we sent for a policeman—when he found he could not get away, he took a pair of shears out of his pocket, and said the first person that offered to take him he would stab them—I and three fellow-shopmen closed it on him, and held him till an officer came and took him.
Cross-examined by MR. PHILLIPS. Q. Did you know the other man? A. By sight, as a customer—he had not been there before that morning, that I know of—he had about a week before—the prisoner has been a customer. (The prisoner received a good character.)
GUILTY . Aged 20.— Confined Three Months.
ROBERT LEWIS . I am a jeweller, and live in Oxford-street. On the 28th of February the prisoner came to me with a note as from Miss Wingfield—this is the note she brought—(read)—"Monday morning, February 28. Miss Charlotte Wingfield will feel obliged to Mr. Lewis to send her a small gold chain, cable cut, for her to make choice of, and the money shall be sent to-morrow. 4, Eaton-square, Pimlico."—I had had dealings with
that family, and I put several chains before the prisoner—she selected two as those most likely to suit—I put them into two boxes, and she took them away—I heard no more of the prisoner till she was in custody at the station, for stealing other property—I went to the station—the officer turned to me and said, "What do you charge her with?"—I said, "With obtaining two gold chains under false pretences"—to the best of my recollection the prisoner said, "It is known that I have taken them, and I will tell you where they are," or "I can tell you where they are"—she said they had been in pledge, and since that they were in the hands of a Jewess, of the name of Isaacs, I think.
Cross-examined by MR. CLARKSON. Q. Did you know the prisoner before? A. Yes, almost as early as she could walk—I knew her mother, who lived in Mr. Wingfield's family, and was in the habit of coming to my house backwards and forwards—my chains are here in the hands of the officer.
Cross-examined. Q. Did you know her mother? A. Yes—she has been dead three years—her mother lived with us eleven years—she was in tolerably good circumstances—the prisoner was her only child—I had seen the prisoner when a child—I do not know that I ever saw her writing—I do not know of any application from her to her mother, to receive her back, but she was always welcome—we never denied her—her father is living—he has lived eleven years as butler in a nobleman's family.
JOHN BARKER (police-constable K 108.) I took the prisoner—when at the station I told her she was charged with stealing two gold chains—she made no reply at that time, but she afterwards said that one was pawned at Mr. Latters's, in the Commercial-road, and one near the turnpike, at Islington.
Cross-examined. Q. She furnished the account which enabled you to bring this charge against her? A. Yes.
ISAACS. I live in Rosemary-lane. About six weeks ago, the prisoner came and asked me to buy the duplicates of two gold chains—I gave her 8s. for the ticket of the smaller chain, which was in pawn for two guineas, and there was 2s. 8d. for interest—the duplicate of the other chain I bought of her the week after—I gave her a sovereign for it.
Cross-examined. Q. What had been advanced on the large chain? A. 4l.—I inquired of her where she lived before I advanced the money for the large chain—she said in Rutland-street—I went there—it was a very respectable house—I saw a woman who gave me a very satisfactory account—I meant to wear the small chain myself—I buy women's wearing apparel.
MR. LEWIS re-examined. This small chain cost me 3l. 9s. to manufacture, and the large one 7l. 8s.
GUILTY of uttering. Aged 20.—Strongly recommended to mercy by the Prosecutor and Jury.
GUILTY. Aged 20.— Judgment Respited.
MR. BALLANTINE conducted the Prosecution.
BENJAMIN EDWARDS . I am a watchmaker, and live in High-street, Shoreditch. About half-past six o'clock in the evening, on the 16th of March, the prisoner came to my shop, in the uniform of the police of the Eastern Counties Railway Company—I had seen him on duty there, and knew him as an inspector of their police—he came to me in a hurried manner, and said, "Mr. Hall requests you will send a sample of your best silver watches, with the lowest tender, as it is their intention to supply the police on the line with silver watches; you are to send a sample with the price you will do them at"—he told me to seal them up, and direct them to Richard Hall, Esq., Carnarvon Hall, Essex—I gave him four watches, all different, for the purpose of being shown as samples—I did not consider they were sold—I thought one would, be selected, and an order given perhaps for a dozen—they were invoiced at 31l., but they were ticketed higher—I enclosed the invoice in the parcel to Mr. Hall.
RICHARD HALL . I reside at Carnarvon Hall, Stratford, Essex. I am manager of the Eastern Counties Railway—the prisoner had been employed in the police on the railway—he left about three months ago—he had no authority from me to go to Mr. Edwards for any watches, and no watches were produced to me—he had no right at the time he went to Mr. Edwards to wear the dress of the railway police, but it was his own dress, and we could not take it from him.
ARCHIBALD WHITE M'CONACKEY . I am an inspector of the Eastern Counties Railway police. I took the prisoner into custody, on the 19th of March, at the Lord Nelson public-house—he was sitting in the parlour—I called him out, and told him he was my prisoner—he asked what for—I told him for felony—he made no answer—I took him to the station—I found this one watch on him, a duplicate of another watch, and three watch-bags, and I saw taken from him 5l. 0s. 11d., and the bill of parcels of the watches.
MR. EDWARDS re-examined. These four watches are mine, and are what I parted with to the prisoner.
Prisoner's Defence. The watches were obtained by me through a bet made by me and some friends, that I could not obtain the watches without money; I went and got them, and certainly pawned them, but had I not been taken so soon as I was, I should have got them out, and made every thing right.
MR. HALL re-examined. The prisoner's character was so good, that he was made inspector, and continued so till two or three weeks before he left—he had our utmost confidence a long time.
GUILTY . Aged 28.— Transported for Seven Years.
WILLIAM MOYES . I live in Boziers'-court, Oxford-street, with Mary Ann Couchman, who keeps a clothes-shop. I was in the shop in the afternoon of the 13th of April—I heard something, and ran out—I saw the two prisoners run out of the court—I ran after them—I caught Ferryman, and brought him back—I found these trowsers in the hand of M'Donald—they are Mrs. Couchman's.
JAMES M'DONALD . I was sweeping a shop in the court for a boy, and I saw Smith take the trowsers off the hook, and put them under the tail of Ferryman's coat—they then began to walk off, and then they ran away—I told the butcher-boy, and he called his father—I ran after them, and saw Ferryman throw the trowsers away.
Smith. He said it was not me that took them when I was brought back. Witness. No, I did not.
WILLIAM THOMAS MERRIT . The witness M'Donald told me of this as I was coming down the court—I called to my father—I ran, and saw Smith run down Hanway-street, and he was in the act of tying his boot when my father took him—I saw Ferryman had the trowsers under his coat Smith. He said I was not the lad. Witness, I said to my father, "I don't think that is the lad"—I thought he was too respectable, but afterwards I noticed his jacket, and he is the boy.
Smith. I was playing with some boys, and they took me; I had not seen Ferryman for three or four days.
SMITH— GUILTY .* Aged 13.
FERRYMAN— GUILTY .* Aged 17.
Transported for Seven Years—
ROBERT PEACOCK . I live in Upper Whitecross-street, and am a boot and shoemaker. The prisoner has been in the habit of coming to our shop for seven or eight years, and sometimes stopped an hour or two, or three hours—when out of work he would come and work for me for two or three hours—I cannot say whether he was at my house on the 5th of October, as he was so frequently there—I have lost boots and shoes daily when he has come, and I gave orders for him not to come again, but he did come—I went to a pawnbroker's from information, and there found this pair of boots, which I can identify as mine—I have missed such, and the prisoner had an opportunity of taking these.
Cross-examined by MR. CLARKSON. Q. Many other persons come to your shop? A. Yes, hundreds—the person who gave me the information about these boots is named Barber—he had been at my shop once before he gave me the information—I had known Barber about four months—he is not here—I understand he is in custody—I was told he has been transported—I cannot tell when I lost these boots.
Cross-examined. Q. Did you know him? A. Yes, by sight.
going to the station he said the man who gave the information was a bigger rogue than himself—he said he lived at No. 1, Long-alley—I went there, and it was right.
NOT GUILTY .
FREDERICK JOHN WOOD . I am a pawnbroker, and live in Ratcliffe Highway. On the 11th of April, the prisoner came with another man to pledge a shawl—I suspected it was stolen, and told them so—they denied it, and the other man ran away—the prisoner said he knew nothing of the other man—I let him go—a person told me something, and I found I had lost a shawl—I went after them, and found the prisoner a little way down the Highway with my shawl under his jacket—he denied taking it, and attempted to strike me.
GEORGE SWADEN (police-constable K 92.) I saw the prosecutor following the prisoner, and take the shawl from under his jacket—I saw the prisoner attempt to strike him—I ran up and took him into custody—he had been drinking.
GUILTY. Aged 23.—Recommended to mercy by the Prosecutor. Confined Three Months.
WILLIAM THOROGOOD . About half-past twelve o'clock on Wednesday, the 6th of April, I was walking along Threadneedle-street, and saw the prisoner in company with a man in a smock-frock, moving about between some gentlemen in a suspicious manner—I kept my eye on them—close to Finch-lane I saw the man in a smock-frock take something from a gentleman's pocket like a gold snuff-box—they separated—I afterwards saw the prisoner cross over to the corner of Threadneedle-street, and receive the box from the other man in a very close manner—they were close together when the box was taken from the gentleman's pocket—I told the policeman—he took the prisoner, and found the box on him—I have not found who the owner of the box is.
Cross-examined by MR. BALLANTINE. Q. What are you? A. I was out of a situation at that time, I am now a cleaner up and blocker to a shoemaker, in the employ of Mr. Sturt, in the Strand—I have stated the same here as I did at the Mansion House—I made a statement in the office below, in which the indictment was drawn—on that indictment the prisoner was acquitted—I believe there was a mistake in the first indictment—I have not the least doubt he was acquitted—I told the truth to the Magistrate—I saw the prisoner and the other man both together when I first saw them—I always stated that—on my oath I did not first see the person in the smock-frock walking about and feeling pockets alone—I saw them first close by Finch-lane, in Threadneedle-street—after the robbery took place the prisoner walked away to the top of Threadneedle-street—I had seen the prisoner before the robbery took place—I made a statement in the office below on the indictment that the prisoner was acquitted on—that indictment was for receiving—I have not been told by the policeman that he would be acquitted again if I did not say they were both together,.
Q. Did not the policeman say to you, "Thorogood, you know they must have been together at that time?" A. No, he said nothing of that kind, it may be a mistake in the depositions—the policeman has not told me there was a mistake in the depositions—he said nothing particular to me—he has not said anything to me about the depositions—he merely said that instead of putting down that the prisoner and the man were together, they did not put down the effect which I stated to the Magistrate—my depositions were read over to me by the Magistrate—these are my depositions—I do not remember whether, it was before the other indictment was made that the policeman told me I had made a mistake—(The witness's depositions being read, stated, "I saw a man in a smock-frock moving along behind some gentlemen during a temporary obstruction—I watched him some time—I at length observed him touch a gentleman's pocket and obtain something which appeared like a gold snuff-box—he then walked away to the top of Threadneedle-street—the prisoner crossed the road to him, and they stood close together")—I gave no statement to anybody in the office here before I went before the Grand Jury.
COURT. Q. Are you now sure you have told the truth when you say the prisoner was close to this man with the smock-frock when he took the snuff-box? A. Quite sure—it was handed to the prisoner after they had separated.
JOHN CROLEY . I am a City policeman. I received information from Thorogood, and went after the prisoner—a short man, dressed in a smock-frock, was with him—I took this snuff-box out of the prisoner's hand—I afterwards searched him at the station and found an old knife on him.
Cross-examined. Q. Have you been talking over this theft with Thorogood? A. Yes—I did not say he must have made a mistake in his deposition, nothing of the kind—I have not told him he must say they were both together—I have not told him he must be mistaken when he said there was only one—I told him there must have been a mistake made at the office or somewhere—hearing his evidence at the Mansion House made me tell him that—I told him that since the first bill was thrown out. GUILTY .* Aged 20.— Confined Six Months.
WILLIAM TERRY . I am shopman to John Wills and Henry Withers, hosiers, in the Poultry. About twenty minutes past ten o'clock on Saturday night, the 7th of May, I saw the two prisoners at the door—they took twenty pair of hose from inside the door—they were tied up in two bundles—one took one bundle, and the other the other—I ran after them and caught them with the stockings in their hands—they are my master's property—I gave the prisoners into custody.
JEFFRIES— GUILTY . Aged 20.
SAUNDERS— GUILTY . Aged 19.
Confined Three Months.
THOMAS YOUNG . I live in Chancit-place, High-street, Shadwell. On Saturday night, about-six o'clock, I went into the Paviors' Arms public-house with two mates—I called for a pint of beer—the prisoner was there—I had three half-crowns and a few halfpence in my pocket—I put them in my waistcoat-pocket—the prisoner saw where I put them—she came up to me and asked for a drop of beer—I gave her some—she sat down and asked if I had any halfpence to buy tobacco—I said I had, but not for her—she shoved her hand into my waistcoat-pocket, took out the three half-crowns, and put them into her mouth—I am sure of that—I turned round, and made a plunge after her—she went towards the door—I caught her, and said I would have my money or I would give her in charge—she said she had not the money, and she had got the money in her mouth at the time—my mate went, and in about ten minutes brought in a policeman—the prisoner sat on the opposite side with a woman, a companion of hers—she had the opportunity of giving the money to her.
Prisoner. Q. Did not you ask me to sit down by your side? A. No—I do not know whether you were in liquor—there were two young men standing by the side of me—there was no girl in my company.
GEORGE YETTEN . I was in this public-house—I pulled the prisoner's hand out of the prosecutor's pocket—I cannot say whether she had any money in her hand at the time—one side of her cheek was very much swollen, and by her speech I perceived there was something in her mouth—she gave me a blow.
Prisoner. Q. Did not you shove me about before I gave you a blow? A. No, I did not.
Prisoner's Defence. As we were drinking in the Golden Eagle, the prosecutor came in with another man, and asked me to have something to drink; he paid for a quartern of gin, and two or three pots of beer, I saw no more of him till between seven and eight o'clock; I sat down in front of the bar, they asked me to drink, and I did; he said, "Jane, I will go home with you;" I said I did not mind; as he was going he said he had lost three half-crowns, he would give me in charge, he sent Yetten for a policeman; the prosecutor staid with me while he was gone, and the other man ran away; I saw no more of him, I was searched and nothing found.
GUILTY .* Aged 26.— Confined Six Months.
Fifth Jury, before Edward Bullock, Esq.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 37.— Confined Two Months.
GUILTY .— Confined Three Months.
1504. EDWARD SHEFFIELD CROFTS was charged upon seven different indictments, with embezzling various sums, amounting to 31l. 17s.; which he had received on account of the Poplar Gas Light Company; to which he pleaded
GUILTY . Aged 61.— Confined Twelve Months.
1505. WILLIAM PARKER was indicted for stealing, on the 16th of April, 3 printed books, value 6s.; the goods of James Draper: also, for stealing, on the 30th of March, 15 printed books, value 5l.; the goods of Daniel Warner: also, for stealing, on the 5th of April, 6 printed books, value 1l.; the goods of John Inglis: also, for stealing, on the 16th of April, 3 printed books, value 1l.; the goods of Charles Smith; to all of which he pleaded
GUILTY . Aged 19.— Confined Twelve Months.
ELIZABETH ADAMS . I am the wife of John Adams, a stay-maker, in Cumberland-place, Marlborough-road, Chelsea. The prisoner was in my employ for three weeks—she had to go out and deliver stays that were made by me—on the 16th of April I sent her with a pair of stays to Mrs. Dunbar, in Grosvenor-place, Pimlico; she was to receive 5s. 9d. for them, and return at one o'clock the same day—I did not see her again till she was in custody—I never received the 5s. 9d. or got the stays again—I took her out of charity, and paid her 4s. a week.
ELIZABETH DUNBAR . I am a stay-maker, living in Grosvenor-place, Pimlico. About twelve o'clock, on the 16th of April, the prisoner brought me a pair of stays from Mrs. Adams—I paid her 5s. 9d. for Mrs. Adams.
Prisoner's Defence. I received the 5s. 9d. and was returning home; I met a young girl whom I had not seen for eight months; I tried to avoid her, but could not; she said she had had nothing to eat for two days; she asked me to go home with her; I had one shilling of my own; I did so; I went next door to get something for our dinner, when I came back she was gone with my money, and my shawl; I saw no more of her until seven o'clock, when she was tipsy; as soon as I went into the public-house, she ran away; I stopped there until twelve o'clock; when I was returning home, I met her, and asked for the shawl; she struck me, and I returned it; I was taken into custody and locked up, and the next morning I heard Mrs. Adams giving my description, when I told the inspector I was the person she wanted.
GUILTY . Aged 18.— Confined Three Months.
1507. JOSEPH CONWAY and JOHN ELVEY were indicted for stealing, on the 25th of April, I till, value 1s.; 5 shillings, 21 sixpences, 10 groats, 3 twopenny-pieces, 16 pence, 140 halfpence, and 524 farthings; the property of John Brensden.
JOHN BRENSDEN . I keep the Bridport Arms, Hoxton. On Monday, the 25th of April, about ten o'clock, I left my bar, and went into the tap-room, leaving a till in my bar—I returned to the bar in three or four minutes, and saw the prisoners going out at the street door—the bar is
about five yards from the door—I went into the bar, and missed my till, containing the money stated—I had some suspicion, and went after the prisoners—I saw them walking slowly up Bridport-place, about eighteen yards from my house—I am sure they are the two persons I had seen going out of my bar—Conway had the till under his arm—Elvey was with him, and another boy—they all three were close to each other—I called out, "Stop thief"—they turned the corner of the next street, and ran away together—I pursued them down one street, and they were taken two or three minutes after—the till was brought back by Harris.
Elvey. I was not near your house. Witness. I am sure I saw you walking out of the door with Conway—you were taken within a third of a mile of the house.
DANIEL HARRIS . I am a grocer, living at Bridport-place, Hoxton. I was in my shop, and heard the cry of "Stop thief"—I heard some money fall—I came to the door, and saw this till lying in the middle of the street, with some of the money in, and some out—I picked it up and put it in—I saw the prosecutor running after three lads—the place where I picked up the till was in the direction from the prosecutor's house to where the prisoners were running—I took it to the prosecutor's house.
EDWARD COLEMAN . I live with Mr. Sumpter, in the New North-road. I was at work at my master's stone-yard, and heard the cry of "Stop thief"—I ran to see what was the matter, and saw Conway jump over a ditch into a field—I went after him, and caught him as he was jumping over another ditch—I held him, with another boy, till a gentleman came and assisted us—he had nothing with him.
Conway. I never attempted to run away. Witness. You were running when I caught you.
GEORGE HOFFMAN . I live in Dorchester-street, New North-road. I heard the cry of "Stop thief," and followed—I saw the two prisoners running close together, pursued by a great many—I joined in the pursuit, caught Elvey, and took him back to the prosecutor's shop—he said, "What do you collar me for? I have done nothing"—I said, "What do you run for?"—he had just stopped running when I got up to him.
CONWAY— GUILTY . Aged 18.
Confined Six Months.
ELVEY— GUILTY . Aged 22.
1508. WILLIAM GRAY was indicted for stealing, on the 25th of April, 2 shawls, value 1l.; 6s.; 1 pair of shoes, value 2s.; 7 handkerchiefs, value 2s. 6d.; 5 gowns, value 1l.; 3 bed-gowns, value 4s.; 1 cap, value 6d.; 1 pair of stockings, value 1s. 6d.; 8 aprons, value 4s.; 3 collars, value 4s.; 1 petticoat, value 2s.; and 1 box, value 1s.; the goods of Susannah Montague.
SUSANNAH MONTAGUE . I am single, and live in St. Jobn's-place, Lisson-grove. I had been in service in Cannon-street, in the City—I left on the 25th of April, about half-past nine o'clock in the evening—I had two boxes to bring away from my place—they were put into a cart, and myself, my brother, and Lane, were in the cart—I went into a friend's house in Corporation-row, Clerkenwell, leaving my brother and Lane in the cart—I was not in the house more than five or seven minutes—when I came out I found a great many people round the cart—my brother and
Lane were holding the prisoner—the box was in the road—it contained the articles stated—they belonged to me—these are now produced them.
CHARLES LANE . I am a servant, and lodge in St. John's-place, Lisson Grove. I was in the cart with the prosecutrix and her brother—she went into a house in Corporation-row, and I and her brother remained in the street—we went to the public-house to get some beer—I went back to the house with the pot, and when I came back I saw the prisoner go twice round the cart—before we got to the cart he jumped up on the off side of the cart, reached the box out, and got about two yards away from the cart with it on his back—I caught hold of him—he dropped the box and endeavoured to get away—I held him until the policeman came up, and gave him into custody—he begged very hard to be let go, and said it was his first offence.
(The prisoner pleaded poverty.) "ft GUILTY . Aged 22.— Confined Six Months.
JOHN SIMS HANDCOCK . I am a policeman. On the 11th of April, between nine and ten o'clock in the evening, I was in Tottenham-court-road—I saw the two prisoners, who I knew before, standing at Mr. Johnson's shop window—I saw Painter take four boots, which were hanging just outside the shop-door, and hand them to Thompson, who was standing close to him—he put two of them in each pocket—they were going away when I went up and laid hold of them—they struggled to get away—Thompson took the boots out of his pocket and threw them on the ground—I called for assistance—a young man came, and we took them into the shop with the boots.
JOSEPH JOHNSON . I am a boot-maker in Tottenham-court-road. I know these boots—they are my own marking—they are mine—they were in my shop—two of them are odd ones—I have the fellows of them, which they left hanging—I can swear to them.
Painter's Defence. I was passing up Tottenham-court-road on my road to Kentish Town. I stopped at the shop about a minute and a half. The man came up, and dragged us into the shop, what for I do not know. He pulled three boots out of Thompson's pocket. I was never in the shop before. I have been out of work.
Thompson's Defence (written.) On the day mentioned in the indictment I had been vending my fruit, and returned home in the evening with 2s. 8d., which I had taken in the course of the day; my fellow prisoner I only knew by his lodging in the same house with me for several months; he asked me if I had any objection to take a walk a little distance with him, not thinking it any harm, I told him I had none; we then walked from our lodgings, which was in Newton-street, Holborn, towards Tottenham-court-road; about 100 yards from the prosecutor's he stopped, and desired me to wait there a few minutes for him. I did so; and he was absent about ten minutes or a quarter of an hour; when he returned, and putting a
small parcel in my hand, told me to put it in my pocket and take care of it for him. I had not possession of the property one minute before a police officer came up and took us both into custody. I had not the remotest idea what I was left standing at the corner for. I never suspected for a moment that my fellow prisoner was about to commit a robbery. I am made the dupe of his artifice.
PAINTER— GUILTY . Aged 18.— Confined Four Months. THOMPSON— GUILTY . Aged 35.— Confined Eight Months.
1510. MARY CALNAN was indicted for stealing, on the 20th of April, 1 table-cloth, value 3s.; and 1 towel, value 2d.; the goods of Sir William Hall Gage, Knt., and others.—2nd COUNT, stating them to be the goods of Andrew M'Culloch and others.
THOMAS VOKINS . I am shopman to Mr. Bradley, a pawnbroker, in Cable-street, Wellclose-square. About half-past six o'clock on the 20th of April, I saw the prisoner and another female outside the shop—the other was urging the prisoner to come in, and said, "If you come in you won't wait long"—the prisoner then came into the shop and tendered me this table-cloth and napkin, and asked 2s. on them—T looked at them and found "United Service Club" woven in the pattern—I asked the prisoner if they were her own—she at first said they were, and afterwards that they were the property of another person, who had sent her to pledge them, and said she would redeem them on the Saturday following—she did not give me any account whose property they were—I sent for a policeman, and gate her into custody.
Cross-examined by MR. PAYNE. Q. Did she appear unwilling to come into the shop? A. She hesitated for a moment—I heard the other urging her—as soon as I began to question the prisoner, the other woman made off.
JOHN BURKE (police-constable H 81.) On the evening of the 20th of April, I was called to Mr. Bradley's—I taw the prisoner there—I was desired to take her into custody—I looked at the table-cloth, and found it was marked "United Service Club"—I asked the prisoner where she got it—she said she did not know, she would tell another time—at first she said it was her own—I asked her how it could be possible she could have such a valuable table-cloth as that—she said she would tell another time—I said I would take her to the station—she said she would not go—I said I would force her to go—I took hold of her, and on the way to the station I asked her where she got it—she said she found it—she did not say where—Vokins gave me the table-cloth and I kept possession of it—I found this purse and two duplicates on the prisoner.
MARY JARDISON . I am housekeeper at the United Service Club House. This table-cloth belongs to Sir William Hall Gage and other members of the club—he is chairman this year—this towel is marked in the centre with marking ink—it has been taken out, and I can just see the remainder of the mark—the linen went away from the club on Wednesday, the 9th of April, to Messrs. M'Cullochs', the bleachers, who wash for the club—I took an account of the linen, when it went—it should have been returned on the Friday, but it was not.
ALEXANDER GILLMORE . I am superintendent at Messrs. M'Cullochs', bleachers at Hammersmith—I know the prisoner from seeing her one—she was on a visit to her sister-in-law, who works on Messrs. M'Cullochs' premises as mangling woman—we wash linen for the United Service Club
—the prisoner came on Tuesday the 19th of April, at some time in the afternoon—I saw her there the next morning after breakfast—her sister was folding up some table-cloths that morning to mangle, to be taken to the club—I saw the prisoner there then.
Cross-examined. Q. What was the prisoner doing? A. Sitting on the stool—her sister remained on the premises until Saturday, when she was discharged, she did not leave the premises on Tuesday to my knowledge—she had been in the service three years—I think I saw the prisoner first between nine and ten o'clock on the Tuesday evening—I am sure she was there at five o'clock on Wednesday—I only saw her at meal times—I spoke to her—the prisoner's sister resided on the premises, and slept there.
COURT. Q. Are you quite sure the prisoner is the woman that was at Hammersmith? A. Yes—there are a great many women there—I know all employed on the premises.
(The prisoner received a good character.)
GUILTY. Aged 40.—Recommended to mercy.
Confined Four Months.
MARY O'CONNELL . I am the wife of Daniel O'Connell, and live in Shelton-court, Bedfordbury—the prisoner took a furnished lodging at our house for ten weeks from the 11th of April—she kept the key. On the 11th of April I went into the room, and missed a bolster, blanket, a counterpane, and a flat-iron—they were my husband's property, and worth 6s. 6d.—I had seen them in the room when first I let it to her—she left on the Saturday before the 11th of April—I found four pawn tickets of my property on the table—I found the articles at a pawnbroker's in Long-acre, and redeemed three of them—I did not see the prisoner again until the 23rd—I gave her in custody—she said if I would forgive her she would make them good to me—this is my husband's bolster.
HENRY HUTCHINGS . I am shopman to Joseph William Clark, a pawnbroker, in Long-acre. I was in the shop when the prisoner pledged this bolster—I could not identify her if she was in the street—that is the only time I saw her—I have another person pledging so much like her, I could not say which of the two it was—a blanket was also pledged, which Mrs. O'Connell redeemed on Saturday night by the ticket I had given—I cannot say who that was pledged by—it is in the same name.
RICHARD WALKER . I am a policeman. I was on duty on Saturday night, 23rd of April, and received the prisoner in custody in Gray's-inn-lane—as we were taking her to the station she said she would make the articles good if Mrs. O'Connell would forgive her this time—I had said nothing to her.
Prisoner's Defence. I was in great distress; I intended to take them out again.
(The prisoner received a good character.)
GUILTY . Aged 30.— Confined Six Months.
pawnbroker, at Hoxton Old Town. On Monday the 11th of April, a lad came to our shop—in consequence of what he said I went out—he pointed out the prisoner to me, and gave me some information—I saw the prisoner about 200 yards from my master's shop walking along—I followed and stopped him—he had a silk gown in his apron—I asked where he got it from—he said he picked it up, it blew off a rail—I took it from him and took him back to the shop—I then observed this frock under his jacket—I took it from him—it is my master's—it had been pinned up inside the door—I had seen it safe that morning, and missed it about half-past four in the afternoon—the gown belongs to another pawnbroker, who lives within six doors of us—I gave the gown and frock to the policeman.
Prisoner's Defence. I saw them lying on the ground and picked them up.
GUILTY . Aged 17.— Confined Four Months.
(There was another indictment against the prisoner.)
HENRY JONES . I am a mason—I lived in Reeve's-place, Hoxton Old Town—the prisoner was my landlady. On Sunday the 3rd of April I had a coat, a pair of trowsers, and a waistcoat lying on a chair in my room—on Monday morning I went out to work at six o'clock, leaving my things in the room—I saw them safe when I went out—I did not miss them till Wednesday—I always locked the door when I Went to work—when I missed them I knocked at the prisoner's door and said I missed these things—she said my wife had taken them—my wife was at Bristol and they were safe after she went to Bristol—she had gone nine days before and had not returned—I gave the prisoner into custody—these are my things.
JOHN FRENCH . I am a policeman. The prisoner was given into my custody on the 6th of April—I asked her if the key of her room would fit the prosecutor's—she said she had no key to her door—I looked, and found there was a key—I tried it to the prosecutor's door, and it would unlock it—I took her to the station.
JANE JOHNSON . I am the wife of George Johnson—I live in the police-Station at Hoxton. On the 6th of April the prisoner was brought to the station—I searched her, and found seven duplicates in her hand in a little tin-box—I said, "You have something in your hand"—she said, "They are only duplicates of my clothes"—I said, "I must show them to the police"—when she had dressed herself the said, "They are my property, and no one shall have them but myself"—she took them up—I called for help—the policeman came, opened her hand, and took them out.
Prisoner. I offered no resistance whatever. Witness. She did.
these two waistcoats were pledged by the prisoner—I am sure of that—two of these duplicates are for the waistcoats.
Prisoner's Defence. Distress caused me to do it; my rent was owing, and my husband was out of employ more than five months; I intended to have redeemed them again before Saturday.
GUILTY . Aged 38.— Confined Six Months.
1514. JOHN CAMMELL was indicted for stealing, on the 12th of April, 1 bottle, value 1s., the goods of Richard Finch; and 40lbs. weight of lead, value 5s.; and 1 copper, value 20s.; his property, and fixed to a building.
RICHARD FINCH . I am a shoemaker, living in Bennett's-gardens, Bell-street, Hackney—the prisoner lived at the back of my house. On Tuesday, the 12th of April, between seven and eight o'clock at night, I saw him in my front garden, lurking about outside the washhouse—when he saw me, he walked away—I said nothing to him—I had a copper fixed in brick-work inside the washhouse—I saw it safe at six o'clock at night—there were two gallons of water in the copper, and a glass bottle—the washhouse was covered with lead—the next morning, I got up about six o'clock, and saw part of the lead was gone from the top of the washhouse, and missed the copper—I have never seen the copper or lead again—this is my bottle that was in the copper—I know it by a mark inside, caused by some oil standing in it.
JANE CAMMELL . I am the prisoner's daughter, and live with him in Bennett's-yard. On Wednesday, the 13th of April, I saw some lead in the washhouse between eleven and twelve o'clock my father told me to carry it away—he put it into a basket—I took it past Lady Frampton's house, which is a little way from my father's—my father came after me, took the basket from me, and told me to go home—I did not, but followed him as far as Cambridge Heath-gate—I then missed him, and went home—I had been in my father's washhouse the night before, and saw no piece of lead there then—I found this glass bottle in the washhouse—my father saw it, and told me to carry it up stairs.
JOHN MATE (police-constable N 28.) On Wednesday morning, the 13th of April, I examined the prosecutor's premises—I found the copper gone from the washhouse, and some lead from the roof—I had some information on the 16th—in consequence of which I took the prisoner about 150 yards from his house—I told him what it was for—he made no answer—I took him to the station, and searched him—I found a knife on him—I searched his house afterwards, and found this glass bottle up stairs—I took it to the prosecutor.
NOT GUILTY .
OLD COURT.—Friday, May 13th, 1842.
Third Jury, before Edward Bullock, Esq.
1515. GEORGE ROBERT BLYTHE was indicted for stealing, on the 16th of April, at St. John the Evangelist, Westmister, 1 purse, value 1d., and 6 sovereigns, the property of John Lane, his master, in his dwelling-house; to which he pleaded
GUILTY>. Aged 14.—Recommended to mercy. Confined Six Months.
GUILTY . Aged 21.— Confined Six Months.
GUILTY .— Confined Three Months.
GUILTY . Aged 21.— Confined Twelve Months.
NEW COURT.—Friday, May 13th, 1842.
Fifth Jury, before Mr. Common Sergeant.
1519. JOHN WILSON was indicted for stealing, on the 14th of April, 1 pair of boots, value 1l. 1s., the goods of Thomas Gullick, his master: also, on the 1st of April, 1 blanket, value 3s.; 1 quilt, value 2s.; and 1 pillow, value 1s.; the goods of William M'Gregor; to which he pleaded
GUILTY . Aged 63— Confined Four Months.
GUILTY . Aged 34.— Confined Six Months.
GUILTY .* Aged 17.— Transported for Seven Years. (There was another indictment against the prisoner.)
GUILTY . Aged 28.— Confined One Year. (The prisoner received a good character.)
MESSRS. ELLIS and ESPINASSE conducted the Prosecution.
HARRIETT IRONS . I am the wife of Robert Irons, who keeps the Star and Garter public-house, at Colnbrook, in the parish of Stanwell. On the 5th of April, the two prisoners came to the house, and asked for some gin, which I served them with—Parr gave me a bad half-crown in payment—they asked me if there was a dancing-room, and if I would let them go up—I gave them leave—they did not go up, but went out into the street—this was the time of Colnbrook fair—in about an hour they came in again, and had another quartern of gin—Part gave me another half-crown—the first half-crown I had marked, and put it into my pocket—it was of
the present reign—I had two half-crowns of the old coinage in my pocket—the prisoners drank the gin both times—I wrapped both the half-crowns in a handkerchief, and kept them both in my hand till I gave them to Cook, the policeman.
Cross-examined by MR. JONES. Q. Did Parr on each occasion order the gin? A. Yes, he gave me the half-crowns to change, and received the differencea—fter the second half-crown was given to me, Parr went out immediately after I told him it was a bad one—Stevens remained behind—I threatened to give them both into custody—I was very angry—Stevens said, "Come, don't make a bother about it, and I will pay for the gin," and on that he gave me a good shilling, and asked me for the change—I would not give it him—I said I would give it him when he brought back Parr—he then became angry with me, and said he would have a policeman and have me locked up, and when I asked a young man in my bar to seek for a policeman, he made his escape—he might have said he would not leave my house without his change, but I do not recollect it—I have not made any inquiries about him—I have not given him his change yet.
Cross-examined by MR. PAYNE. Q. How did you mark the first half-crown? A. I cut a piece out of the side of it with a knife—I did not put it into my pocket before that, I am sure—when I got the second half-crown I took the first out of my pocket, and wrapped them both in my handkerchief—I had not seen the prisoners before that day to my knowledge—I was not very busy.
EDWARD BURTON . I am a police-sergeant. I took the prisoner Parr from the description given of him by Mrs. Irons—he said he he had been to Colnbrook fair with Stevens, but he was so drunk he had no recollection of what occurred there, or how he came home.
Cross-examined by MR. PAYNE. Q. Where did you take him? A. At Uxbridge, on the 7th, two days afterwards.
Cross-examined by MR. JONES. Q. Do you know the prisoners? A. Yes, having formerly done duty at Uxbridge—I know Stevens' father—he is a master boot-maker there, and has always borne a respectable character—he does not keep a shop to my knowledge—I lived in the same street—the prisoner has assisted him, and has worked for other persons in the town.
THOMAS Cook (police-constable T 45.) On the 5th of April, I went to Mrs. Irons's house, and got from her these two half-crowns—I apprehended Stevens, and found on him a good half-crown, 2s. in silver, and 5d. in copper.
Cross-examined. Q. Where did you find him? A. At Iver, going to Uxbridge—it is about three or three miles and a half from Colnbrook—it was between twelve and one o'clock at night—he was with eight or ten other young men going singing along.
MR. JOHN FIELD . I am inspector of coin to the Mint. The two half-crowns produced by Cook are both counterfeit, and both from one mould—this good half-crown also produced by Cook I believe to be the half-crown that made the mould in which the two counterfeit ones were cast—here is an accidental mark on the Queen's forehead, and that mark has been conveyed to both the counterfeit coins.
Cross-examined by MR. JONES. Q. Were not a great number of half-crowns struck from the same die? A. Many thousands, but this is an accidental
mark made by a tooth, or something of that sort, since it has been in circulation—I have not seen the original die, but from my long experience I feel fully satisfied it has been made since the coin was struck.
MR. ELLIS. Q. Did you ever see such a mark on a half-crown that came from a die? A. No—I do not mean to say it might not happen so, but if had been discovered by the Mint, it would not have been allowed to remain.
MRS. IRONS re-examined. I did not like the appearance of the first half-crown when I took it—a young man made a remark about it in the prisoners' presence, and after they were gone also—I am sure the half-crown I have produced is the half-crown Parr gave me—after I had marked it I put it into my pocket—the young man who called my attention to it looked at it on my bar dresser—he was a neighbour's son—I was by his side, and did not lose sight of it from the time it was given me till I put it into, my pocket.
MR. JONES called,
GEORGE CLARK . I keep the Crown and Sceptre public-house, at Uxbridge. I have known Stevens about three months, which is the time I have been at Uxbridge—he has worked for me—he made me a pair of shoes, which he brought home on the 4th of April, the day before the fair—they came to 11s.—I paid him four half-crowns and one shilling. (The prisoners received good characters.)
PARR— GUILTY . Aged 19.
STEVENS— GUILTY . Aged 21.
Confined Six Months.
MESSRS. ELLIS and ESPINASSE conducted the Prosecution. MART CRESSWELL. I am the wife of William Cresswell, who keeps a public-house in Old Vineyard-street, Clerkenwell. On the 19th of April, the prisoner came to our house about nine o'clock in the evening, and asked for a pint of porter—I served her—she gave me a bad half-crown in payment—I told her it was bad, and asked where she lived—she said, in Drury-lane, and that a woman gave her the half-crown and mug outside the door—I bit it, and said "Send the woman in for it"—she did not send in any one—I put the half-crown in a glass ornament on the mantel-piece—I afterwards gave it to Webb the policeman.
Prisoner. Q. Did you ever see me before? A. Never before, but I am sure you are the person.
FREDERICK HANDS . I am a baker, and live in Myddelton-street, Spafields. On Wednesday, the 20th of April about half-past nine in the evening the prisoner came into my shop for a half-quartern loaf, which is 3 3/4 d.—I served her—she offered me a bad crown-piece in payment—I immediately perceived it was bad—I took a knife, and cut a piece right out of it—I asked her where she got it—she said in Whitechapel—I would not give it her back—she said she would have it or fetch a policeman—I stopped her, sent for a policeman, gave her into custody, and gave him the crown.
Prisoner's Defence. I am guilty of the crown, but not the half-crown—I did not know the crown was bad at the time.
GUILTY .* Aged 22.— Confined One Year.
MESSRS. ELLIS and ESPINASSE conducted the Prosecution.
WILLIAM MEADUS . I keep a chandler's shop in North-street, Lissongrove. On the 26th of March the prisoner came to my shop, bought some articles, and gave me a half-crown in payment—I gave her change—she left my shop—I put the half-crown back on the shelf, but the prisoner walked off so quickly that I took it up again, and found it was bad—I put it back on the shelf—it was not mixed with any other money—I kept it, and produce it—on the 6th of April the prisoner came to my shop again, and bought sixpenny worth of eggs—she offered me a bad shilling in payment—she left my shop on that occasion—I have the shilling—I am sure this is the one she gave me—I endeavoured to find her out, but she was gone—she came again on the 22nd of April for two penny loaves, and offered a bad shilling in payment—I told her it was bad, and weighed it before her face—I put it on the counter—my son was in the shop at the time—the shilling fell off the counter on the floor—the prisoner was quicker than my son—she caught it up, and I suppose it went into her mouth or into her bosom—I saw her pick it up, and it was not found on her.
JOHN CHAPMAN WAREDRAPER . I am a policeman. I apprehended the prisoner on the 22nd of April in Mr. Meadus' shop—I took her to the station-house immediately, and searched her—no money was found on her.
Prisoner's Defence. I never was in the shop till I was taken—I am quite innocent of both the pieces of money.
GUILTY . Aged 23.— Confined Six Months.
MESSRS. ELLIS and ESPINASSE conducted the Prosecution.
MARY ELIZABETH BROOKS . I am the wife of Joseph Brooks, a greengrocer, and live in Clerkenwell Close. On the 16th of April the prisoner came to our shop, and bought some coals—they came to 2 1/4 d.—she gave me a bad shilling—I gave her change—I discovered it was bad in a quarter of an hour afterwards—I put it into my pocket with no other money but five farthings—I am quite sure there was no other shilling—I afterwards marked the shilling, put it in a piece of paper, put it in a box, and locked it up—I showed it to the policeman at nine o'clock, and afterwards gave it him—on Monday, the 18th of April, the prisoner came again, bought 14lbs. of coals, and offered a bad shilling in payment—I gave it to my husband, and told him he had better fetch a policeman—the prisoner was given into custody—she said she was very sorry, that her father had. given it her in Whitechapel, where he worked.
JOSEPH BROOKS . I was in the parlour on the 18th of April—my wife said something to me, but not in the prisoner's presence—I went into the shop, and saw the prisoner there—she asked for 14lbs. of coals—my wife served her—a bad shilling was offered in payment first to my wife—I took
it—it was a Victoria shilling, and a very bad one—I said 10 in the prisoner's presence—a policeman was fetched—I gave the shilling to my wife.
MRS. BROOKS re-examined. When I got the second shilling from my husband, I marked it, and gave it to the policeman.
GUILTY .* Aged 18.— Confined One Year.
MESSRS. ELLIS and ESPINASSE conducted the Prosecution.
THOMAS WING . I am a glover, and live in Newport-street. On the 15th of April, the prisoner came to my shop to purchase a pair of braces—they came to It.—he gave me a five-shilling-piece—I saw it was a bad one—be said he had changed a half-sovereign, and taken—it in change—be was given into custody, and I gave the crown to the policeman.
DANIEL DIXON . I am a policeman. I took the prisoner at Mr. Wing's shop—nothing was found on him—I received this crown from Mr. Wing—the prisoner gave the name of William Robinson—he was remanded for a week, and discharged on the 21st.
JAMES IVATT . I am a green-grocer, and live in Newport-market. On the 26th of April the prisoner came to my shop and bought a bundle of greens, which came to 7d.—he gave me a bad crown-piece in payment—I stopped him, and gave him into custody to the policeman—I gave the crown to the policeman.
Prisoner's Defence. I am quite innocent of knowing they were bad; I took them both in change.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. ELLIS and ESPINASSE conducted the Prosecution.
HENRIETTA JANE HOWELL . My brother keeps a baker's-shop, in Church-street, Chelsea. On the 13th of April, about seven o'clock in the evening, the prisoner came for a half-quartern loaf, which came to 4d.—he gave me a bad sixpence—I gave it to my brother—the prisoner went away.
GEORGE ALPRED HOWELL . I am the brother of Henrietta Howell. I received the sixpence from her—I bent it, it broke, and I saw it was bad—I asked the prisoner where he got it—he said a gentleman gave it him for holding his horse—I followed the prisoner, and saw him join another person—I went to look for a policeman, and when I returned I found the prisoner in custody, in another shop, for attempting to pass another—I marked the two pieces of the sixpence, and gave them to the policeman.
ELIZABETH SALISBURY . My father keeps a butcher's-shop, in Leader-street, Chelsea. On the 13th of April, the prisoner came about half-past seven o'clock in the evening for a saveloy, which came to 1d.—he gave me a bad sixpence in payment—I gave it to my brother.
Prisoner's Defence. The last piece was passed from one to another, and was out of their sight.
Prisoner. Q. How do I know you might not have changed it? A. I am sure I did not.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. ELLIS and ESPINASSE conducted the Prosecution.
GEORGE WILLIAMS . I am a milkman, and live in Cleveland-street, Fitzroy-square. On the 13th of April, the prisoner came to my shop for some eggs—I served her with sixpenny worth—she gave me a bad crown-piece in payment—I gave her into custody, and gave the crown to Harris after marking it.
FREDERICK HUMPHREYS . I am servant to Mr. Tuck, a nurseryman, in Sloane-street. On the 13th of April, the prisoner came and bought sixpennyworth of mignionette-seed—she gave me a bad five-shilling-piece—I gave it to Dunbar, the foreman, for change—I afterwards asked the prisoner where she got it—she said from a gentleman in Oxford-street—she did not know who he was—I then gave her into custody.
WILLIAM THOMAS DUNBAR . I am the foreman. I received a crown from Humphreys—I saw it was bad—I kept it in my hand, and gave it to the policeman—I asked the prisoner where she came from—she said, "From Westminster"—I asked her how she came so far for the seed—she said she had an aunt at Knightsbridge, and she had received the money from her to get the seed—I said I would send for a policeman to go with her—she begged I would not.
THOMAS WORFELL . I am a policeman. I took the prisoner into custody at Mr. Tuck's—I received from Dunbar this crown-piece—the prisoner said she got it from a gentleman in Oxford-street, but she did not know who he was.
GUILTY . Aged 25.— Confined Six Months.
MESSRS. ELLIS and ESPINASSE conducted the Prosecution.
MATTHEW CHOLERTON . I am a tobacconist, and live at Charing-cross. On the 30th of March, the prisoner came to my shop about eight o'clock in the evening, and bought two cheroots, which came to 4d.—he gave me a bad half-crown—I asked him where he got it—he said a man had sent him from the corner of Scotland-yard—the prisoner was taken, and I gave the half-crown to the policeman.
GEORGE FRANCIS (police-constable A 27.) I apprehended the prisoner on the 30th of March, at Mr. Cholerton's shop—I received this half-crown from Mr. Cholerton—it was marked by both of us—I took the prisoner to the station—he gave his name George Anderson—the police-courts were shut at that time, and the inspector discharged him.
WILLIAM WILLIAMS . I keep the Three Johns public-house, in Westminster. On the 9th of April the prisoner came to ray house between ten and eleven o'clock at night for a quartern of gin—I served him—it came to 4d.,—he gave me a bad half-crown—I asked where he got it—he said a woman sent him from the corner of the Broadway—I gave the half-crown to the policeman after I marked it.
Prisoner. Q. Did I give you the half-crown? A. You put it down, and I took it up—I was outside the bar, by your, side, at the time.
Prisoner's Defence, I called for a glass of gin; Mr. Williams was in the parlour; his daughter served me; I gave her the half-crown; she put it into the till.
MR. WILLIAMS re-examined. My daughter was not there—my wife was in the bar, but I served him, and be gave me the half-crown.
GUILTY .* Aged 16.— Confined One Year.
MESSRS. ESPINASSE and BALLANTINE conducted the Prosecution.
ELIZABETH ANDREWS . I keep a stationer's shop, in Gloucester-terrace, Kensington. The prisoner came into my shop about a week ago, asked for half a hundred of envelopes, and gave me a crown-piece in payment—I gave her a half-crown and two shillings in change—I put the crown-piece into a box with some half-crowns, but there was no other crown-piece in the box that I put it in—in about half an hour a boy came in and bought a bottle of ink, which came to 6d.,—he gave me a crown-piece, and I put it with the other—Ann Reeves gave me some information, and I took the two crownpieces from the box and gave them to her—she brought them back to me—I then marked them.
Prisoner. Q. Did not you say, when you came to the station, you did not think I was the person that passed the money? A. You held your head down, and I said unless you looked up I could not tell, but when I saw your face I was quite positive of you—I do not recollect the policeman saying, "They always change their dresses at fair time, depend upon it she is the female"—when the boy was brought out he said, "You cannot
recollect him perhaps, because he has changed his dress;" but you had on the same dress as when you came to my shop—I have not the least doubt of you.
ELIZA RICHARDS . I keep a toy-shop, in Victoria-grove, Kensington. On the. 3rd of March the prisoner came to my shop about half-past four o'clock in the afternoon—she bought a child's toy, which came to 3d.—she gave me a bad half-crown in payment—I gave her the change before I discovered it was bad—I then told her it was bad—she said she was not aware of it—she gave me the toy and the change back—I gave her into custody, and gave the officer the half-crown the prisoner gave me.
JOHN CRIPPS (police-constable T 59.) I received the prisoner in custody, on the 3rd of March, from Mrs. Richards, and she gave me this half-crown—I took the prisoner to the station—she was discharged by Thomas Eastland, the officer, who was in charge at the station, the charge not being pressed, he took no recognizances.
Prisoner. The policeman did not discharge me; it was the lady's husband would not press the charge; the inspector said, "You had better;" he said, "I will not, it is no use."
WILLIAM ROBINSON . I keep the Prince of Orange public-house, at Greenwich. The prisoner came to my house, on the 29th of March, and asked for a pot of beer, which came to 4d.—she gave me a bad shilling—the policeman Merrett was in my house at the time, and he took her into custody.
HENRY MERRETT (police-constable T 126.) On the 3rd of March the prisoner was brought to the station—about half an hour afterwards I was passing the house of Elizabeth Andrews, and received from her these two crown-pieces—I was on duty, on the 29th of March, at the Prince of Orange public-house, which adjoins the terminus of the Greenwich Railway—the prisoner came in and called for a pot of beer—she tendered a shilling in payment—I received the shilling from the landlord, and produce it—I took the prisoner into custody.
(The prisoner put in a written defence, stating that she teas not aware the money was bad.)
GUILTY . Aged 18.— Confined Six Months.
HENRY JONES . I am a town carman. On the 21st of April, about a quarter past one o'clock, I was near the cart-stand in Crutched-friars—I saw the prisoner and two others—the prisoner was carrying this box—I went and asked him where he got it—he said a gentleman asked him to carry it for him—I collared him, and he let the box down—the other two ran away.
Cross-examined by MR. BALLANTINE. Q. Did you know the other two persons. A. I know them all three to be thieves—I did not know where to find the prisoner—I had seen him with the others, perhaps fifty times or more—I live in Ashley-terrace, City-road, but the cart-stand where I was is in Crutched-friars—I have never seen the other persona charged with any thing.
WILLIAM PREADY . I am in the prosecutor's service, at Clement's-inn, Old Bailey. On the 21st of April, I was in Fenchurch-street—I had the box of bee's wax in the cart—I went up a court to deliver a hamper, and in about two minutes I was coming back to my cart, and found the box was gone—this is it.
(Sarah Russell, the wife of Joseph Russell, an upholsterer, in Bow-street, Covent-garden, gave the prisoner a good character.)
GUILTY .* Aged 17.— Transported for Seven Years.
1533. JOHN CORDERY was indicted for stealing, on the 19th of March, 3 sash-pullies, value 1s., 6d.; 1 knocker, value 2s. 6d.; and 2 cocks, value 1s. 8d.; the goods of Ann Elizabeth Burchett; to which be pleaded
GUILTY.—Strongly recommended to mercy. — Confined Ten Days.
ANN ELIZABETH WHITE . I am the wife of William White, and live in Upper Penton-street, I slington. The prisoner was in our service for six weeks, and left on the 18th of April—next morning I missed a sheet and some night caps—I afterwards missed the bedgown—these now produced are mine.
Cross-examined by MR. PATNE. Q. Did you send for the prisoner next morning? A. Yes—her sister came to my house for two bonnets which I had to clean for her, and I asked her to send the prisoner to me, which she did—when she came I sent for a policeman, and she told me in his presence, that she had pawned it—her mother charred for me, and is a very respectable woman—the prisoner had no wages—I took her out of compassion, and provided her with clothes.
GUILTY. Aged 17.—Recommended to mercy by the Prosecutrix and Jury. — Confined Eight Days.
THOMAS KELLY . I am a fishmonger, and live in Darkhouse-lane, Billingsgate. On the 8th of April, about four o'clock in the evening, I went to the Queen's-head public-house, and I fell asleep—I had 8l. in gold, silver, and copper, in my apron pocket, suspended to my waist—the prisoner, the witness Carter, and another were there—the prisoner was in the
room at the time I awoke—I gave him into custody, and all the money was found upon him in my presence.
Cross-examined by MR. PAYNE. Q. Had you been drinking there? A. A little—I had been there from four till seven, and had dinner—I cannot say how long the prisoner was there—I do not know whether he had been out—he was drinking there—I think he was a little fresh—when I accused him of taking the money he said he had not got it—I hit him as hard as I could about the head, or he would have got away from me—when the money was found on him, he said he was drunk, that two other persons had persuaded him to take it, and they were to share it.
GEORGE BOWLES . I am a policeman. I took the prisoner—in going to the station, he offered me the money—he said, "I have got the money, you shall have it, if you will let me go and say no more about it"—I found on him seven sovereigns, six half-crowns, four shillings, a fourpenny piece, and sixpence in copper.
Cross-examined. Q. He appeared to have been drinking, did not he? A. Not at all—to me he appeared as sober as when I fetched him up in the morning—Sergeant Hamlin one of the witnesses is now in Newgate—I began to search the prisoner—Hamlin found the money in my presence—I saw him find it—the bill has been thrown out against Hamlin—I know nothing of a man named James being one of the witnesses against him.
GUILTY. Aged 30.—Recommended to mercy by the Prosecutor. — Confined Three Months.
JOHN WHITEHOUSE . I am a linendraper, and live in Oxford-street The prisoner was my shopwoman—I gave ninepence in marked money to Mr. Wilkes to be given to his servant—it was to be sent to my shop to buy three yards of ribbon—I have since seen fourpence of the marked money—it was taken from the prisoner's pocket within five minutes of the time the money was given.
Cross-examined by MR. CLARKSON. Q. What were the coins that you saw which the officer took from the prisoner? A. Four penny pieces—I had a character with the prisoner from her sister, with whom it was stated she lived fifteen years, but this circumstance throws much doubt upon it—the money I first gave was a sixpence, a penny, and four halfpence—I made a private mark on the coins—I took particular notice of them in order to be correct, my intentions being to set a trap—I gave tenpence halfpenny in the second instance, but I cannot speak positively to the coins—my impression is that it was a sixpence, four penny pieces, and a halfpenny, but I cannot say—I gave that to Mr. Taylor to give to his servant—he is not here, nor is Mr. Wilkes—the three halfpence now charged applies to the money I gave Mr. Wilkes.
and four halfpence, from Mr. Wilkes—I know they were marked—I took it to Mr. Whitehouse's, and purchased three yards of ribbon, for which I paid ninepence to the prisoner—I do not know what she did with the money—I paid her exactly the marked money I received.
Cross-examined. Q. Who is Mr. Wilkes? A. A straw hat manufacturer.
HENRIETTA SMITH . I am the prosecutor's shopwoman. Barrett came and bought three yards of ribbon—the prisoner brought me on that occasion, sixpence, a penny-piece, and a halfpenny—she handed it to me with a ticket numbered six.
Cross-examined. Q. You received the other payment did you not? A. Yes—I received sixpence, a penny-piece, and three halfpence—I do not know whether it was marked—she handed both sums to me with the ticket at the time.
BENJAMIN ALBRECHT . I am a policeman. I was sent for to Mr. White-house's—he said to the prisoner, "Have yon any objection to show me what money you have about you?"—she said, "No"—she took out one shilling in silver, eight pennypieces, and three halfpence—four of the penny pieces were marked—the three halfpence were not marked—when I found the money was marked I showed it to her, and she said, she had taken it out of the till, and put sixpence in silver back.
(See page 35.) NOT GUILTY .
JOHN WHITEHOUSE . On the second occasion I gave tenpence half-penny—my impression is that it was sixpence, four penny pieces, and a halfpenny, but 1 cannot say positively to the coin—it was all marked.
Cross-examined by MR. CLARKSON. Q. How much wages do you owe her? A. One quarter's salary, 5l. 2s. 6d.—I have the account in my pocket—(producing it)—the salary due to her is 7l. 10s., but she has had goods from me which reduces it to 5l. 2s. 6d.—she was not entitled to any commission—she had premiums occasionally for selling various sorts of goods—she was not entitled to any premium upon these goods—this blonde is 1 3/4 d. a yard—it is not a 1d. a yard—I know the pattern quite well—I bought it in the City—I believe I gave 2 1/2 d. a yard for it—I will not swear that—it came in with a quantity of other goods—I will swear it cost more than three halfpence—I paid three halfpence for it, or more than that—we buy a lot of goods together at a valuation—I bought this of John Wreford.
ELIZABETH SHBLDRICK . I am in the service of Mr. Taylor. I received from him 10 1/2 d.—I do not exactly know what the coins were—there was a sixpence—I bought six yards of blonde with it at three farthings a yard, and gave 10 1/2 d.—I cannot tell what coins I gave.
NOT GUILTY .
On Wednesday, the 6th of April, I went into the parlour of the Swan public-house, in Mount-street, Grosvenor-square, and had a chop—I rang the bell—it was answered by the prisoner—I delivered him a 5l. note to take for what I had had, and get the change at the bar—he appeared as the waiter—he did not return—I saw no more of him nor the 5l. note till I afterwards met him in Marlborough-street in custody.
Cross-examined by MR. PAYNE. Q. Where did you get this 5l. note? A. It was my own property—it was a part of some money I had received at Coutts's for a 20l. cheque of Sir Augustus Foster—I was in partnership with a person named Sargood at this time—this was not part of his money—it was my own—I did not receive a notice the day I received this money that an affidavit in bankruptcy had been filed against me by my partner—it was two or three days after that I received the notice—I come out of the Fleet now—this was money I had received out of the partnership debts before division—Sir Augustus Foster owed us money, and the 20l. belonged to myself and partner—it was money due to the firm—I never gave any of it to my partner—we had fallen out—he has done the same by me—he has not been in the business for the last six months—the 20l. belonged to the firm—I received it for the purposes of the business—I did not know I was in a state of bankruptcy at that time—I did not receive this money for my own private purposes—I took it for the purposes of the business and my own private use as well—I knew perfectly well if I handed it over to my partner I should never get it back again—he has taken sums of money at different times—I do not owe him 90l.
Q. Did not you sign a balance-sheet on the 12th of March? A. He put a balance-sheet before me that I could not understand—I did sign it, but found it was a fraud to cheat me, and I tore off my signature directly—I am in the Fleet because my partner's cousin has sued me for 100l. I which I do not owe—I have let judgment go against me—I know a person named James Warren—I have not got the notice of bankruptcy with me—I cannot swear to the exact time it was served on me—I cannot say whether it was filed on the 23rd of March, and served on me on the 24th—I am not prepared with dates—I did not obtain the 20l. by fraud.
WILLIAM HOSSACK . I am barman to John Mitchell, at the Swan. The prisoner did not occasionally assist as waiter there—he came there, not to serve, but to be served—he was not employed by us at all—he has been there when the waiter has been out, but not with our consent—I was at the bar on this evening—he came there with a 5l. note to pay for a chop that Mr. Jeves had had—he gave me the note—I put my master's name in full on the back of it, and went three or four doors to try to obtain change—I could not—I brought the note back, and gave it to the prisoner—he asked me if he should get change for it—I said no—I am sure of that—(looking at his deposition)—this is correct—I returned the prisoner the note to give back to Mr. Jeves until Mr. Mitchell came down from dressing—the prisoner went into the tap-room—there were two soldiers there—he put up the note between his hands, looked at it, put on his hat, and went out into the passage—I considered he would come back again—there was another door at which he might have gone out—Mr. Mitchell never saw the note—he was up stairs dressing—the prisoner had been about the premises for a fortnight—I knew him—he had never answered the bell to my knowledge—we did not recognize his acting for the waiter during his absence.
Q. You swore before the Magistrate that he occasionally attended in the
absence of the waiter—why give him the note? A. I had no one else there—our young man was absent.
THOMAS SMITH . I am a policeman. I stopped the prisoner near Uxbridge, and asked him where he was going—he said, "Down the road"—I said, "What for?"—he said, "I am going towards Hoxton"—at the station he said, "I have had the misfortune to lose the money; it is a bad job, what do you think I shall be done to?"
GUILTY on the 2nd Count Aged 42.— Confined Six Months.
Sixth Jury, before Edward Bullock, Esq.
MR. JONES conducted the Prosecution.
JAMES JOHN MESSER . I am assistant overseer of the parish of St. Marylebone. The prisoner was a pauper in the Union-house some months before the 3rd of April last—I ascertained from him that he had been an attorney's clerk, and I employed him a considerable time in the office as a copying clerk—I did not give him any wages—on the 3rd of April we had a family chargeable to the parish, which we wished to remove to Leatherhead—I provided a conveyance to take them to Leatherhead, and gave the prisoner instructions to start with them early on the Monday morning, to deliver the papers to the overseers at Leatherhead, and to get an abandonment of the order of removal signed by the proper officers there—I furnished him with a bill of 17s. 6d., at the same time telling him not to wait unless the amount was immediately paid, but to come back—I anthorized him to receive the 17s. 6d., and bring it back to me—this is the bill I gave to the prisoner—it is in my own handwriting, besides which I gave him 10s. to provide the family with a little refreshment on the road, and what he could save out of it for himself he might keep—that was quite distinct from the 17s. 6d.—he had no authority to keep that—I provided a person to drive the cart—the cart came back about twelve o'clock the same night with the driver—the prisoner arrived about three quarters of an hour afterwards the worse for liquor—I asked him for the papers, which he gave me—I said, "Have they paid you the money?"—he said, "No, but the overseer will send it you in a few days"—the master of the workhouse ordered him to bed—I do not know whether he did go—I left the house then—he left the workhouse next morning—I inquired for him at the office at ten o'clock, and found he had been sent out by the master, and finding he did not return as he should, I discharged him from the house—I believe he was not there again—I never saw him till the 16th, when he applied to me fur the sum of 10s. to enable him to purchase a coat—that sum had been ordered to him by the Board of Guardians in February last—he said he had a situation, and wanted the coat to enable him to go to it—on that occasion I said to him, "Keene, what have you done with the 17s. 6d.?"—he said, "What 17s. 6d?"—I said, "You must be aware that by this time I have written to Leatherhead, and I have a copy of the bill and receipt now in my possession"—he said, "I have never received the money," on which I gave him into custody—he had never accounted
to me for the money between the time of his returning from Leatherhead and the 16th.
Prisoner. Q. Have you had any reason to find fault with my conduct since I have been in your office? A. No, I entertained a very good opinion of you up to the day in question—I do not recollect entrusting you with any monies—I have often given you two or three sovereigns to get change—you were allowed no salary from the board since your last admission into the house—you had a gratuity before—I have given you a trifle now and then out of my own pocket.
COURT. Q. At the time he went to Leatherhead was he receiving any salary? A. Not from the Board—I gave him something from time to time on account of his services in the office.
WILLIAM BILLINGHURST . In April last I was overseer for the parish of Leatherhead, in Surrey. On the 4th of that month the prisoner came to me with a family from Marylebone—I consented to receive them—he presented this bill to me, together with another paper, and said, "I am requested to produce these to you from Mr. Messer"—I said, "Very well, I will sign the other paper and this, and send you up the money in the course of a few days"—he then pointed out to me that the bill being already receipted, not doubting but what we should find it right, and pay it immediately, he of course could not leave it unless I paid him the money—I made enquiries of the paupers, and after that I gave the prisoner a sovereign, and he returned me half-a-crown out of it—he then left me this paper—(the receipt upon this paper was as follows: "April 3, 1842, Received the above for J. J. Messer, assistant overseer, W. H. KEENE")—I paid the 17s. 6d. to the prisoner for the Directors and Guardians of Marylebone—he brought the receipt ready written—it is dated the day before—he told me it was his own handwriting.
MR. MESSER re-examined. This receipt is the prisoner's handwriting—I took the prisoner into the office—I have not had to pay the 17s. 6d. to the Guardians—that question has not been disposed of—I do not know yet which will lose this, the Guardians or myself—if the Guardians insist on it I shall pay it.
Prisoner's Defence. When Mr. Messer gave me the account to receive the 17s. 6d., he said if the 10s. was not enough to pay the expences, I could take some of that money and account to him. I have the account made out how the 10s. was expended. My expences came to 14s. 10d. which made me press Mr. Billinghurst for the money, not having sufficient without. I perhaps took a little too much, and when I got back the master of the workhouse ordered me to be locked up in a cell, and next morning sent me out to look for the horse and cart, which all the while was in their own possession. I said I did not know where to look for it; he said if I returned without it he would have me transported, for making away with it, and I was afraid to return to the house on that account. I admit that when Mr. Messer asked me if I had received the balance I said I had not, but I only intended to retain it till the morning, and then make out the account, but no opportunity was given me of doing so. I had no intention of appropriating the money to my own use.
MR. MESSER re-examined, I never said to the prisoner that if he had not enough money with what I gave him to pay his expences, he might take some of the other—the 10s. was ample, and he might have had 4s.
out of it—he never mentioned before to day that he had spent part of the money on the road—he never gave me any account—he charges us with corn, and he had more than enough corn provided, for he brought some back with him.
GUILTY. Aged 52.—Recommended to mercy by the Jury. — Confined Three Months.
1540. WILLIAM MITCHELL, JOHN PHILLIPS , and EDWARD BURBERRY , were indicted for stealing, on the 14th of April, 83lbs. weight of potatoes, value 2s., the goods of Richard Booth Smith, the master of Mitchell.
RICHARD SINCLAIR . I am a policeman. About nine o'clock on Thursday morning, the 14th of April, I was at the Lamb public-house, in Kingsland-road—I saw the prisoner Mitchell drive up in a cart which was loaded with sacks, apparently containing potatoes—the other two prisoners were inside the house—when Mitchell drove up they went out—some conversation passed between the three—the cart was then driven into the yard, and the gates were shut—in about ten minutes they all three came into the house together—they then said, "Let us go and do it now," and they all three went out—I had some suspicion, went out, and looked through the chinks in the gates into the yard—I saw Mitchell and Phillips in the cart, untying the sacks and taking some potatoes out into a high basket, which is here—Burberry was standing by the side of the cart with this flat basket on his head, into which the other prisoners emptied their basket—he then carried it into the stable—I saw one of my brother-constables pass, gave him information, and we took the prisoners into custody.
Cross-examined by MR. BALLANTINE. A. Were you in plain clothes? A. I was—I was on duty—I went there for a particular purpose—I never saw either of the prisoners before that I know of—I was sitting in the room when I heard them say, "Let us do it now"—I saw no one in the room but the prisoners—I cannot say which said, "Let us do it now"—I was looking out of window at the time—I have no doubt they were the exact words used—I said at the police-office, "or words to that effect"—I had no particular reason for saying so—I am sure they were the words.
RICHARD BOOTH SMITH . I am a farmer, and live at Puxley Farm, Edmonton; Mitchell was in my employ as carter. On the 14th of April I sent him with a load of potatoes to deliver to Mr. Davis, a cowkeeper, in London—the potatoes now produced exactly resemble those I sent—they are what we call waste.
Cross-examined. Q. Can you swear to them? A. They are things we cannot swear to—to all appearance they are the same—they are for pigs and cows—the worth of those produced is 18d. or 2s.—I have no doubt they were taken at different times.
Mitchell. Q. Did you miss any thing out of the sacks? A. No; I was not likely to miss them—the customers had complained that there was short weight every day for a week previous.
JAMES BRENNAN (police-constable N 69.) On the 14th of April I was passing by the Lamb public-house, at Kingsland, and was called by Sinclair to assist in taking the prisoners—I saw Mitchell and Phillips driving two horses in a cart out of the Lamb-yard into the road—I went into
the tap-room, and saw Burberry there—I asked him for the key of the stable—he hesitated and said he did not think he was bound to give it to me—after some hesitation he did give it to me—I went into the stable and found the two baskets produced in the stall, and in the manger a quantity of loose potatoes of the same description—I afterwards put them into a sack, and they nearly filled it—in another part of the stable I found a sack nearly full, and another nearly half full—I asked Burberry how he came in possession of them—he said they had been left for him at different times—I asked by whom—he said he did not know—I took him into custody.
Cross-examined. Q. This is a regular watering-house, is it not? A. Yes—Burberry has been out on bail, and has surrendered to take his trial.
Mitchell's Defence. I merely got on the cart to put a sack forward.
Phillips's Defence. Mitchell asked me whether I would get on the cart to help him forward with a sack of potatoes, and I did so.
(Burberry received a good character.)
MITCHELL— GUILTY . Aged 21.
PHILLIPS— GUILTY . Aged 25.
Confined Six Months.
BURBERRY— GUILTY . Aged 38.
Confined There Months.
1541. JAMES WOOD and THOMAS SMITH were indicted for stealing, on the 24th of April, 24lbs. weight of lead pipe, value 15s.; and 1 copper, value 15s.; the goods of Samuel Starkey, and fixed to a building.
JOHN SANDILANDS . I am a jeweller, and live in Wellington-street, Goswell-street—I am agent to Samuel Starkey, who is owner of the house No. 12, Lower Ashby-street, Clerkenwell, which was unoccupied. On Saturday evening, the 23rd of April, about twenty minutes past six o'clock, I was at the house, and saw the copper and water-pipe safe in the back-kitchen—the copper was fixed in the brick-work, and the pipe was fixed along the wall with holdfasts—when I left the house I locked the street-door—I did not leave any one in the house—I went to the house about six on the Monday morning following, to admit the workmen, and found the lead pipe and copper gone—the door was on the latch—I had locked it on the Saturday night—I afterwards saw the copper produced and fitted to the place where it had been, and it exactly fitted it—I do not know the prisoners—Smith had called on the Friday before, about twelve o'clock, and asked if the chimneys wanted sweeping.
Cross-examined by MR. JONES. Q. How long has Mr. Starkey had the house? A. About seven years—I have only been his agent four months—he has a lease of the house—the copper has no particular mark about it—I am sure Smith is the person that came to inquire about the chimneys—I took particular notice of him by his coming at the time the men were gone to dinner, and I was in the house alone—I had never seen him before, but I am sure he is the man.
HENRY LEWIS . I am a policeman. On Sunday night, the 24th of April, about a quarter-past ten o'clock, I was in Lower Ashby-street—I heard a noise inside No. 12, went to the door, pushed it, and it opened—I went into the passage, and saw the prisoner Smith just inside the door—as I opened the door, he slipped behind it, and dropped some lead pipe from under his arm—I asked what he did there—he said he got over into the area to ease himself—I saw Wood at the end of the passage with
something in a sack—I called Arnot to my assistance, and got a light—as soon as it was brought, Wood dropped the sack, ran up stairs, and escaped out of the staircase-window—Arnot went after him—I searched the sack, and it contained the copper—a little further in the passage I found another lot of lead pipe, tied up in an apron—I examined the back kitchen, and found that the copper had been wrenched from there—it fitted the place exactly—I found a knife on the mantel-piece, just by where the lead pipe was taken down.
Cross-examined by MR. DICKENSON. Q. Can you swear that the person you saw at the end of the passage was Wood? A. Yes—I know him by the dress he had on—I had no light then, but there was a lamp exactly opposite the door, and I could see right through the passage—I believe he had on the same clothes he has now—I did not see his face—I saw him get out of the window.
COURT. Q. Are you sure the same person got out of the window that you bad seen at the end of the passage? A. Yes—I only saw two persons.
WILLIAM ARNOT . I am a policeman. I was called to Lewis's assistance—as I entered the first door I heard a rush up stairs, and the window thrown up—I followed up, stepped out of the staircase-window on to the roof of a building belonging to the adjoining house, and found Wood lying down on the slates—immediately he saw me, he got up and attempted to get away—I said if he attempted to get away I would knock him down with my staff—he said, "Don't, I won't go away"—I took him into custody.
(Smith received a good character.)
WOOD— GUILTY . Aged 18.
SMITH— GUILTY . Aged 17.
Confined Twelve Months.
JOHN RICHARD NORTH HOOKER . I am assistant to Philip Hooker, a timber-merchant, in Raven-row, Mile-end. The prisoner has been in his employ three or four months, as a sawyer—he has been to the yard several times since he left, to ask for employment—on Easter Tuesday last, between twelve and one o'clock, I was at our yard gate, and observed a person dressed like the prisoner, with a mahogany plank on his back—I could not see his face—he was coming from a yard belonging to my father, within forty feet of where I was—he dropped the board and ran or walked quickly away—I helped to pick up the plank, and carry it into the yard—I saw no one else there—all the wood in that yard belonged to my father.
GEORGE ABRAHAM BULLOCK . I am errand-boy to Mr. Hooker. On Easter Tuesday, about half-past twelve or one o'clock, I saw the prisoner coming out of the gate of my master's yard, with a mahogany board on his back—he saw me, threw the board off his shoulder, and walked away very sharply—I knew him well, and am sure it was him—I was standing at my master's gate.
Cross-examined by MR. PAYNE. Q. Where was your young master? A. Standing where I was—I did not see the prisoner's face until after he threw the board away—I went after him a little way, and am quite sure it was the prisoner—I was just the same distance from him as my master,
but my master was talking to a gentleman inside the gate—I told him, and he then came and looked out—the prisoner had the board on his back then—I called after him three times, "Hoy," and he would not look round—it was against the gate that I saw his face—he was standing side-ways—I am sure I saw his face, and that he is the man. NOT GUILTY .
REBECCA EVANS . I live with my sister, Frances Evans, who is single, and keeps the Bee Hive public-house, King-street, Commercial-road. On Monday morning, the 11th of April, the prisoner was at our house from half-past ten, till a quarter to one o'clock—he had two half-pints of beer—he called for another half-pint, and a pipe—I had to leave the bar to get it, and left the prisoner in the bar, and no one else—I returned in about a minute, and the prisoner was then gone—two females came in for some beer, and gave me 1s.—I went to the till for change, and missed from it a small wooden bowl, which contained about about 16s. in silver—the till is under the counter—it was not kept locked—I had gone to the till to give change to a female not two minutes before I left the bar—it was as the female went out of the door that the prisoner called for the beer—the bowl and silver were then safe—I knew the prisoner well—he used to come to our house frequently, but not lately.
Cross-examined by MR. PAYNE. Q. Did any one else come in before you looked at the till, after you returned into the bar? A. Not any one, until the two females came in, and called for a pint of beer—when I went out I left no one to mind the place—the prisoner was there alone—I am quite sure he is the person.
WILLIAM DAY . I am pot-man at the Bee Hive public-house. I saw the prisoner there on Monday, the 11th of April—when he first came in about half-past ten o'clock in the morning, he asked for some beer, and the newspaper, but I do not think he looked at it—he put it down, came into the tap-room, and asked me to lend him a penny, which I did, and he had half-a-pint of beer—that was about half-past eleven—he was standing up against a cask in the bar, facing the counter—he asked mistress if she wanted any sawdust—I was called up on the money being missed—I found the prisoner about a quarter to nine, that same evening, in the tap-room of the Bull's Head, Well-street, Mile-end, New town, and gave him into custody—he was dressed differently to what he had been in the day.
Cross-examined. Q. Are you quite sure he is the person that asked you to lend him the penny? A. Quite—he said he would pay me when he brought the saw-dust—I had seen him several times before—I did not know where he lived—my mistress said he lodged about fifty yards from our house in the next street, and she went to his lodging—I afterwards went there with a policeman to search—a woman declared that he was not there.
JACOB ARCHER . I am a carpenter, and live opposite the Bee Hive. On Monday the 11th of April, about a quarter to one o'clock, I was brushing my clothes, and looking out of my first-floor window, from which I can see into the bar of the Bee Hive, and right through into the tap-room—I
saw the prisoner standing at the bar—I knew him—I saw the young woman turn her back to go into the parlour—the prisoner immediately put his hand across the counter and took something out of the till—he came outside the door, put it into his pocket, walked a little way up the street, and then ran away.
Cross-examined. Q. Was your window down? A. Yes, and the Bee Hive window also—the street is about twenty yards wide—I swear I saw the prisoner take something out of the till—he was standing at the bar not above three yards from the window—I knew him by working at Mr. Town's, the boot maker's, the next gateway but one to me—I am sure he is the person I saw come out—I never had any quarrel with him—I never spoke to him.
JOHN BURNHAM . I am a policeman. The prisoner was given into my custody by Day at the Bull's Head, charged with robbing the till at the Bee Hive—he said he was innocent of the charge—I asked him what he had done with the clothes he had on in the morning—he said he had given them to a man that was out of work—I asked where he got the clothes he had on—he said he had bought them at a sale shop—I asked where—he would not tell me—I found seven pence in coppers on him—Archer has made a mistake in saying the street is twenty yards wide, it is quite a narrow street—I do not think two carriages could pass in it—I should not think it was twenty feet wide.
OLD COURT.—Saturday, May 15th, 1842.
Fourth Jury, before Edward Bullock, Esq.
1544. PHILIP COOKSEY was indicted for stealing, on the 7th of May, 3 handkerchiefs, value 2s.; 1 pair of gloves, value 1s.; and 1 pair of gaiters, value 1d.; the goods of George Bather, his master; to which he pleaded
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 51.— Confined Six Months.
GUILTY . Aged 16.— Confined Four Months.
HENRY RICHARDSON . I am a tailor and draper, and live at Poplar—the prisoner was my errand-boy for four or five months. On the 28th of April, about two o'clock in the afternoon, I saw him behind the counter
rolling up some pieces of satin—I saw him kick something behind the counter, which raised my suspicion—I sent him down into the workshop—I went behind the counter where I had seen his foot move, and saw a yard of satin—I took no notice of that—he returned, and went behind the counter again—I sent him over to a neighbour to say I wanted to speak to him—he cams back, when my neighbour came I called him from behind the counter and asked what he had got—he said nothing, and emptied his pockets, as he pretended—I went behind him and drew a yard of satin out of his side pocket—I gave him in charge, and went with a policeman to his house at Eastfield-street, Limehouse-fields—his mother opened the door—I did not know her before, and did not know that he lived there—I found several duplicates there, selected three, and went to Walker's, a pawnbroker, in the Commercial-road—I returned to the station to the prisoner, and asked him how much blue-jean he had cut off—he denied it, but afterwards said he had taken about three quarters of a yard—I asked if he had taken more satin than I found in his possession—he denied it, but at last said he had taken two other pieces before—the satin was worth 5s. a yard—I missed about two yards off a piece in my stock—I know the frock produced by the pawnbroker is made up from my property—it is a particular kind of cotton made for trowsers and jackets.
JOHN THOMAS LEACH . I am foreman to Mr. Walker, a pawnbroker in the Commercial-road. I have a jean frock and waistcoat pawned by a boy who was head and shoulders taller than the prisoner—the prisoner is not the person—I gave a duplicate for them.
JOHN BRENCHLEY . I am a policeman. I took the prisoner into custody and received this satin from the prosecutor—the prisoner told his master at the station he had taken two pieces off the same piece of satin before.
Prisoner's Defence. I did not cut two pieces off—I did not have the satin at all. GUILTY of stealing the Satin. Aged 14.—Recommended to mercy by the Prosecutor. — Confined Twelve Months.
Before Mr. Justice Coltman.
1548. JOHN BOYD was indicted for burglariously breaking and entering the dwelling-house of George John Fairclough, about the hour of ten in the night of the 23rd of April, at St. Mary Stratford, Bow, with intent to steal, and stealing therein, 2 coats, value 1l., 16s.; and 1 waistcoat, value 4s.; the goods of the said George John Fairclough.
HENRY PARKER . I am a policeman. On Sunday morning, the 24th of April, about half-past six o'clock, I saw the prisoner in the Mile End-road, coming towards town, carrying a great-coat, a body-coat, and a waistcoat on his arm—I asked him what he had got there—he said his clothes—I asked him to let me look at them, and said, "They are much too large for you, and that don't satisfy me; you must come to the station"—he said, "If I do, you shall carry the things"—I asked him to give them to me, which he did, and immediately ran away—I followed—a person in the road stopped him—I took him to the station, and said, "Now perhaps you will account for how you came in possession of these things"—he said, "It is no good my telling lies about it now, I stole them from the Black Swan, where I formerly lived"—I met him about two miles from the Black Swan.
MARY ANN CAPPS . I live two doors from the Black Swan, and know the prisoner by his living there as servant. On the 23rd of April, at ten o'clock at night, he came to the door, and asked if I would let him through the back way, as he wanted to see the pot-boy who owed him 18l.—my yard leads into the skittle-alley of the Black Swan—I let him through, and saw no more of him.
GEORGE JOHN FAIRCLOUGH . I keep the Black Swan, at Bow. The prisoner was my waiter, and left on the Monday before this, the 19th of April—he came into the tap-room on Tuesday, and I ordered him out—I did not see him again till Sunday morning, at the station, where I found him with these coats, which are mine—I had the body coat on on the Saturday, and the waistcoat, and hung it up in the back-parlour at seven o'clock—that was the last time I saw them—I did not miss them till the policeman came—I saw the great-coat hanging there when I hang the other up—it was in the same place—at the station I asked the prisoner what he had done with a letter which was in the pocket—he said he had put it into the great-coat pocket—I found it was not there—he then said he had left it on the table—I went to the house, and found it in another coat-pocket—I did not hold out either threat or promise to him—I said, "You slept in the house all night, and got in the back way"—he said he got in at the parlour-window at four o'clock in the morning—I believe the parlour-window was fast at half-past eleven, for I went round the house, as I generally do—there are outside shutters to it—when I was in the room at seven o'clock, the shutters were open, but the window closed down—there is no fastening to it, it is a sash—a person could get from the skittle-ground into our house—six or seven houses open into the skittle-ground, and they can come into my house by the doors—there is a staircase from the door through the washhouse to a bed-room which is not occupied—a person could come down through the washhouse again, and get to the parlour—I saw the back-door fast about half-past eleven—it is generally open all day till after ten—the bed appeared to have had somebody in it—it had been made the day before—I found no marks of violence on the doors or windows.
MART LYNES . I am servant at the Black Swan. On Sunday morning, the 24th of April, I came down at seven o'clock, and found the two passage doors open, and one of the parlour shutters—a policeman came about five minutes after seven—I afterwards went up to the back bed-room—the bed had marks of somebody having slept between the sheets—none of the family had slept there.
Prisoner's Defence. My reason for asking the witness to let me through was, that I might get 18d. from the pot-boy to pay my lodgings; not succeeding, I walked the streets all night; about four o'clock in the morning, seeing the back-room, called the cave, open, I did get into the house for shelter till the morning; I went into the room where the bed was rumpled and slept there; at six o'clock I went out; walking up Mile End-road, I was stopped; if I had burglariously entered the house at ten o'clock at night, should I have slept there all night? or should I have come away at six o'clock in the morning with the bundle of things? There were silver spoons in the room, and the bar contained money; there was a hatchet I could have used, got the door open, and got the money and silver spoons; I certainly did take the coats when I came down at six o'clock, but it is entirely the prosecutor's fault; it is his duty to see whether his windows are shut or not. GUILTY> of Larceny only. Aged 20.— Confined Twelve Mouths.
Before Mr. Baron Alderson.
1549. LAWRENCE ABLE and EDWARD STILLMAN were indicted for burglariously breaking and entering the dwelling-house of Edward Belk, about the hour of three in the night, on the 10th of April, at St. Anne, Westminster, with intent to steal.
HENRY REYNOLDS . I am in the employ of Edward Belk, who keeps the King's Arms, Moon-street, in the parish of St. Ann, Soho. On Monday night, the 9th of April, about five minutes past one o'clock, I went to bed—mistress and me went up stairs together, and were the last up—the parlour windows were all fast, I am certain, and the shutters—I saw all the windows and doors safe—between three and four the policeman awoke me by knocking at the door—I went down immediately, without dressing, and found a policeman inside the door, with a light in his hand—he was inside the bar-parlour—the parlour window was open—when I came back from the station, I observed a table and windowblind removed—the blind had been on the window the night before, not the one which was open, but the window of the bar-door—it was moved to the opposite side of the room—a small table had been right under the window which was open—that was removed two or three yards when I came back from the station—there were two squares of glass broken in the window—they had attempted to cut another square out, and the point of a knife was found broken in it.
HENRY SHEPPARD (police-constable G 138.) I was in King-street, Soho, on the morning of the 10th of April, about three o'clock, and saw three men standing together close to the bar-parlour shutter of Belk's house—they were all three together at first—I saw them separate, and Barrett standing at the front door of the same house, and the two prisoners standing by the shutters—I watched them, and went from King-street into Grafton-street, and staid there—I was then about twenty yards from Mr. Belk's house—I saw them very busy at the shutters—I thought they were trying to get them open—after some time I saw the two shutters open, while they were there, and heard two panes of glass break, one after the other—I then saw them close them again—I kept watching, till a gentleman crossed out of Monmouth-street into Grafton-street, and I left the place to tell him to fetch assistance—I returned in two minutes—I had left the two men at the shutters, and the other standing at the door—when I came back I missed one of the men at the window, and saw one at the front door, and one at the window—the other was out of sight—as soon as my brother constable came up I turned my head to speak to him for about two minutes—I then saw the one at the front door and the two at the shutters again—I told my brother constable to come with me—we went across the road towards them—Connell, No. 136, came up at the time, and got in between the three of them—I told him to secure Stillman, which he did, at the door, and I was going to take Able—he tried to escape—I followed him into Green-street, Leicester-square, where he was taken by Metcalf—I lost sight of him in turning the corner—when I got round the corner I found him in custody—there was only one gentleman in the street then—Able was running when he turned the corner—I knew him again, having seen him before—I knew him by sight, and am certain he is one of the men I had seen at the window shutter—I brought him back to the house, searched him, and found in his trowsers pocket a clasp knife, a purse, and four duplicates—the knife had the point of it broken off—I went to the shop window,
tried the shutters, and found they were loose—on pulling them they both came open—two panes of glass were broken, and the window was thrown up—Harwood got in at the window.
Cross-examined by MR. PHILLIPS. Q. You are quite sure you knew Able before? A. I have seen him before, and am certain it was him at the window—it was getting a little light, light enough for me to see his face.
WILLIAM METCALF . I was on duty in Green-street—I heard a rattle springing, and saw Able running out of Castle-street into Green-street, round the corner—I stopped him—there was a gentleman running after him, crying, "Stop thief"—Sheppard came up shortly after—when I took Able, he was near an area—I heard something fall from him, which rattled, and fell down into the area—at the same time a penny-piece dropped on the pavement—I said, "You have dropped something down the area as well"—he said, "It is my money"—I took him back, and gave him into custody—afterwards I went back to the area, and found a gimlet, which I have tried to a hole in Mr. Belk's shutters—it exactly fits it.
JOHN HARWOOD . I am a policeman. I came up when the alarm was given—I examined the shutters after the prisoners, were secured, found them unfastened, and the window pushed up—I got inside—I was the only policeman who went in—I removed the blind myself, to see if the window had been cut—I carried it from one part of the room to the other—I did not move the table at all.
THOMAS WELLS . I am a policeman. About five o'clock, on Sunday morning, I examined the prosecutor's premises,' and found two squares of glass broken, and an attempt made on another square—I examined it, and found the point of a knife in the putty, which I produce—it fits the blade of the knife found in Able's pocket—the house is in the parish of St. Anne's, Westminster.
(The prisoners received excellent characters.
ABLE— GUILTY . Aged 17.
STILLMAN— GUILTY . Aged 18.
Confined One Year.
Before Mr. Justice Coltman.
1550. JAMES CHRISTIE was indicted for feloniously forging and uttering, on the 12th of February, an acquittance and receipt for 4l. 13s. 6d., with intent to defraud John Mather.—Two other COUNTS, stating his intent to be to defraud Charles Rawlings and another.
WILLIAM JAMES WETHERELL . I am clerk to Charles Rawlings and William Somers—there is no other partner. The prisoner came to their shop on the 12th of February, and applied for the amount of Mr. Mather's account—he had been to the house on Mr. Mather's business once or twice before—he said something about Mr. Mather being short of cash—I asked him the amount of the account—he said 4l. 18s. 7d., which was correct—the account had been delivered before—Mr. Rawlings gave me the money, I paid it to the prisoner, and he wrote a receipt on the bottom of the bill, which was produced—this is it—he wrote this on the bottom of it—(read)—"February 12. Received, for John Mather. George Williams."
Cross-examined by MR. PAYNE. Q. You had seen the prisoner come on some business of Mr. Mather's? A. Yes—he is the person who came on this occasion—I have said so all along—this is my signature—(read) "the prisoner, to the best of my belief, came to my employer's shop")—I have always been confident of him—that belief tends no farther than that I am quite confident I have always sworn positively to him.
JOHN MATHER . I am a builder. The prisoner was not in my employment at this time—the last time he worked for me was the 2nd of February—I dismissed him on the morning of the 3rd—I took him to assist me in my Christmas accounts, and to assist at my books, and when I did not want him in the counting-house, to do work in the yard—I only authorized him to receive money on one occasion—this receipt is in his handwriting—I have nobody in my employ named George Williams, and never had—the prisoner never went by that name that I know—I have known him by the name of James Christie from a child—he was taken into custody for passing a bad five-shilling piece, and gave his name George Williams on that occasion—that was after this occurrence.
Cross-examined by MR. PAYNE. Q. Are you quite sure of the handwriting? A. Yes, I firmly believe it—I have seen him write very often, doing my accounts—he wrote at my elbow—he has not been engaged on my premises since the 3rd of February in the morning—I have never seen him there since—I gave him 10s. a week, sometimes 12s., just as he deserved.
Prisoner. That is false. GUILTY .* Aged 25.— Transported for Fifteen Years.
(The prisoner has been under sentence of Fourteen Years Transportation previously.)
Before Mr. Justice Coltman.
1551. BENJAMIN HOARE was indicted for burglariously breaking and entering the dwelling-house of John Shaw, on the 25th of April, at Ealing, and stealing therein 1 pair of trowsers, value 1l. 2s., the goods of the said John Shaw.
MARY SHAW . I live with my father, a tailor, in Old Brentford—the prisoner is a neighbour of ours. On Monday morning, the 25th of April, at five o'clock, he came to our house and asked me for a light—I told him to take one, which he did, and then went out—I went out and shut the door after me quite safe—it is a false latch, and when shut would seem as if it was locked—there are two latches to it—anybody knowing the way of the door, by putting in a bit of stick, could open it—when I went out I left the prisoner walking up and down the road—my father was in the house in bed up stairs, in the back room, and nobody else in the house; before I went out I had occasion to go to the drawer in the front-room, and touched the trowsers—I saw them in the drawer—I am certain these now produced are them—I know them quite well by seeing them so often, and they are not finished at the bottom—my father made them for my brother, but did not finish them, as he did not know the length—on the Tuesday when my brother returned home he missed his trowsers—I was not present.
Cross-examined by MR. DOANE. Q. You went out to work about five o'clock? A. Yes, I came home at six in the evening—I work in a gardens a mile and a half off—that is my regular employment—my father has not complained of my pledging things at any time—I never gave things to other
people to pledge—there is a man of the name of George Hall, a bargeman—I do not know him—I have seen him about the neighbourhood—he lives at the Bull's Head Wharf, New Brentford.
JOHN SHAW . I am a tailor. These trowsers are my property, I made them for my son—I saw them on the Sunday in the drawer on the ground-floor, when I went to it, and saw them again at the office on the Thursday I believe—I missed them on the Tuesday—they had never been worn—they were not finished.
Cross-examined. Q. Had you no other clothes made up in that drawer? A. Nothing unfinished—I had my regular wearing clothes there, two coats, two waistcoats, and a pair of trowsers—these were the only things taken—I do not know George Hall a bargeman—I believe I have heard the name—I never complained to my daughter about him—I never had things of mine pledged that I did not approve of.
JOHN GODFREY . I am foreman to Mr. Watts, a pawnbroker, and live at Angel Terrace, Hammersmith; I know the prisoner. On Monday, the 25th of April, about ten or eleven o'clock in the morning, he came to the shop—I never saw him before—he brought a pair of trowsers to pledge—he said it was not for himself but his master—these are the trowsers—I asked where he lived—he said he lived nowhere—I asked where his master lived—he said they lived nowhere, but when he came to explain, he said they lived on board the barge Nancy on the water—I lent him 8s. on them—I have kept them ever since.
Cross-examined. Q. Did he give his name? A. "George Hoare, for George Hall, of the Nancy. "
MART SHAW re-examined. I left the window shut—I never opened it before I went out—it opens on one side—there is but one door to the room, and one window—there are two bed-rooms up-stairs—the front bed-room window was fastened at the top—I had slept there with my sister, who went out before me.
(The prisoner received a good character.) GUILTY . Aged 18.— Confined Six Months.
Before Mr. Baron Alder son.
1552. GEORGE WILLIAMS and MARY MANNELL were indicted for stealing, on the 29th of April, at St. Andrew, Holborn, 2 scarfs, value 8s. 10d.; 1 coat, value 10s.; 1 gown, value 2s.; 6 towels, value 2s.; 1 shirt, value 5s.; 2 handkerchiefs, value 7s.; 2 waistcoats, value 15s.; and 2 capes, value 8s.; the goods of James James, in his dwelling-house.
ANN BALL . I am servant to James James, of No. 60, Hatton Garden, in the parish of St. Andrew, Holborn. On Friday, the 29th of April, between twelve and one o'clock, I was in the kitchen, and heard somebody in the passage—I went up and found the middle-door, between the passage and the street-door, open—it is opened with a latch-key—I had seen it shut ten minutes before—a person getting through that door could go to the back-parlour—I found the back-parlour door open, and a trunk there was open, which I had seen shut about ten minutes before—I gave information
master and mistress—I went to the street-door and saw the witness Ayton there with a gig—he gave me information.
Cross-examined by MR. DOANE. Q. What is your master's name? A. James James—he has no other name—I had been up stairs ten minutes before, and saw the middle-door—I had not shut it myself—it shuts with a latch—if you push it it will catch of itself—there is a knob inside to open it by, but not outside—when I saw it shut, I did not try to see if it was fast—it was pushed fast by my mistress.
JAMES JAMES . I live at No. 60, Hatton Garden, in the parish of St, Andrew, Holborn—I received information from Ball, went and looked into the chest in the back parlour, and missed two scarfs, a silk dress, (a black body coat which had hung up in the room,) a black silk waistcoat, and another waistcoat, and the other articles named, the whole worth about 10l.—the trunk was not locked.
CHARLES AYTON . I am servant to George Hill, of Leather-lane. Between twelve and one o'clock I was sitting in master's gig, walking it up and down Hatton-garden, and saw the servant come out of the house—about half an hour before that I had been in Hatton-garden waiting for master with the gig, walking the horse up and down, and saw the two prisoners in Hatton-garden—I saw the female first, and in a few minutes the man came and spoke to her—they went together towards Hatton-wall—I saw them again, the female standing at the corner of Christopher-street—I was going towards Holborn, and saw the male prisoner go into No. 60, Hatton-garden—he staid there five or ten minutes—the woman was standing at the corner of Christopher-street all the time—the man came out in ten minutes with a large bundle over his shoulder, and a coat or cloak over his right arm—the woman went towards him—he went down Hatton-wall, and she after him—she was within five or six yards of him—I saw no more of them—Ann Ball came out of the house in about three minutes, and I told her what I had seen—I am sure of the persons of both the prisoners.
Cross-examined. Q. Quite sure of them? A. Yes—I turned my head behind to look for my master when I saw the man go in.
COURT. Q. You were present when they were taken up? A. Yes—I went with a policeman that day, and found them in a beer-shop in Tothill-street, together.
JOHN FREDERICK C —. I am a policeman. I went with Ayton, and found the prisoners in a beer-shop in Tothill-street—he pointed them out—I asked the male prisoner how he was—he said, "You don't know me"—I said, "Perhaps I am mistaken"—I leaned over the bar to speak to the landlord, and during that time the female bolted out of the house—I seized hold of the male prisoner, dragged him out, and caught hold of the female in the street—she asked what I wanted of them—I said, "For felony"—she said she had never seen the male prisoner before—I searched the man at the station, and found a latch-key on him, which I tried to the middle passage-door—it opened it as if it had been made for it—the female searcher found four latch-keys and three duplicates on Mannell.
WILLIAM ROMAIN . I am a policeman. I know the prisoners—I have known the male prisoner eighteen months, and have frequently seen the two together for the last six months—they live in one house together—nothing has been found.
WILLIAMS— GUILTY .* Aged 19.
MANNELL— GUILTY . Aged 21.
Transported for Ten Years.
1553. ADOLPHUS SONNENKALB was indicted for stealing, on the 5th of May, at St. Ann, Westminster, 3 tables, value 2l.; 1 looking-glass and frame, value 4l.; 1 looking-glass and stand, value 1l.; 9 chairs, value 6l.; 1 fender, value 35.; 1 set of fire-irons, value 3s.; 4 carpets, value 1l.; 1 rug, value 4s.; 2 beds, value 1l.; 1 bolster, value 4s.; 2 pillows, value 4s.; 4 blankets, value 4s.; 1 set of bed furniture, value 1l.; 1 bedstead, value 1l.; 4 sheets, value 4s.; 1 mattress, value 8s.; and 2 chests of drawers, value 1l.; the goods of William Charles Nock, in his dwelling-house.
WILLIAM CHARLES NOCK . I am a goldsmith and jeweller, and live at No. 28, Gerrard-street—my wife lived there with me before this happened. On Wednesday in last week, between three and five o'clock, I went to Kensington, slept there that night, and returned home about half-past twelve or one the following day—I occupy the whole house—when I got home my wife and some of my property was gone—I missed the articles stated in the indictment—I went the same afternoon, about four or five, to a house in Margaret-street—I think it was No. 76—I found the prisoner and my wife there, and my property—I had known the prisoner for eight or ten years—he had been in my father's employ that time—I did not authorise or sanction the removal of the property.
Cross-examined by MR. PHILLIPS. Q. You have been unwell lately? A. Yes, I have been out of my mind I know, and had a keeper with me some days—you have to prove whether it arose from habits of intemperance—it did not that I know of—it did not arise from habits of intoxication, most decidedly not—what has that to do with the case?—if it has I do not answer it—I might have been ill three weeks—I do not know exactly—I was never in partnership with my father—I swear positively I never was a partner in the firm of Nock and Williams.
COURT. Q. Are you quite sure you are right in your answer? A. Yes, I say no.
MR. PHILLIPS. Q. You are quite sure you never was in the firm, and never put out of it by your father and Mr. Williams? A. Undoubtedly no—there was a quarrel about a bracelet, but I was not a partner with my father—I was in the employment—I was not turned out is consequence of the quarrel—I was charged with purloining that bracelet, and it was paid for—I was put out of the employ because my father wished me to go out—it was a year or more after the quarrel about the bracelet—I did not sell any of this furniture to my father—I did not owe him any money—he has not advanced 1,500l. to me—I do not know what he has given me—he has given what I have had, I suppose—I am not bound to answer what he has advanced as a loan and gift in five years, it has nothing to do with this case—suppose he has given me 20,000l., what has that to do with you?—I will swear I never made this furniture or any part of it over to my father, except on conditions that no one should have it but me, to prevent Mrs. Nock having it with the prisoner, nothing more than that—I forget whether that is mentioned in the deed—perhaps Mrs. Nock and me have not lived very happily together—the prisoner has not lent me any money—I swear it—the prisoner never paid the sum of 11l. 14s. for me to my knowledge—he became security to a loan society for me—I have paid him—he certainly came about it because I was two weeks behind—if he has been sued by the society for the amount, I have paid it, all that was
due—I have paid the 11l. 14s. at the Dog and Duck, Soho—I cannot tell how long it is since he became security for me—suppose we say six months—it is not two years ago—it may be one—I do not know whether it is—I do not mean to swear it—you know it is not as well as I do, that is enough—I will swear it is under twelve months, to satisfy you—my wife did not request me not to let the poor man be sued but to pay him, not to my knowledge—I will not say yes or no to it, but not to my knowledge—at the time of the quarrel about the bracelet I lived in Frith-street, Soho—I swear positively I did not remove my furniture from that place on the accusation being made against me, and I did not employ the prisoner to assist me—we had been on very good terms—about four or five months before Christmas, Mrs. Nock, through the prisoner, had to go out of the house altogether, through my suspicions of their being together I—she did not go out under the protection of her own father nor of mine—she went to her aunt's at the Duke of Wellington public-house—my father brought her back again directly after Christmas, and asked me if we could live comfortably together—she said she never would see the prisoner again—I said, "Very well," and in a fortnight or three weeks afterwards they were seen together, and it went on till now—I had separated from her before—I told you that before—I do not care about her being here—I cannot tell you how long we had been separated—it was more than a month—will that answer your purpose?—you do not have any more—I will not swear more than I know—I will not swear it is more than three months—it might have been six months—this is the second time she has been separated from me—she says her reason for leaving me is my cruelty towards her.
COURT. Q. Have you got your property back, or is it in the custody of the police? A. It is in the custody of the police.
JAMES PALMER . I am in the employ of Mr. Nock—I saw the furniture removed from the place on Thursday last—the prisoner was at the corner of the street while the van was loading, and went away ten minutes or a quarter of an hour before it left—my mistress went away before the van, with her four children, into King-street—while the goods were moving she was at the door of a friend's house in King-street—I followed the van with the goods to No. 76, Margaret-street.
Cross-examined. Q. This was in the day-time? A. Yes, the van came about ten minutes to eleven o'clock in the morning—it was loaded at my master's door publicly.
JOHN PRICE . I live at No. 18, Pancras-street, Leicester-square. On Thursday, the 5th of May, a little after eleven o'clock, I saw the van at the prosecutor's door in Gerrard-street—I did not see the prisoner then, but I saw him between nine and ten, in the house, assisting the servant down stairs with a chest of drawers—I saw Mr. Nock about twelve that day, and told him what I had seen—I went with him to Margaret-street—I first went to the station and got a policeman, who disguised himself in plain clothes, and came with me—I went opposite, No. 76, and got information—the prisoner was out—we waited till he returned—the policeman knocked at the door—we found the prisoner up stairs on the first-floor front-room, lying on three chairs—the constable asked him if his name was not Sonnenkalb—he said, "That is not my name"—Mrs. Nock was up stairs with the children—she came down—the constable said, "Are you Mrs.
Nock"—she said, "Yes"—I said, "Well, I will go and fetch Mr. Nock"—she said, "For God's sake, don't fetch him"—she made her escape—I went and fetched Mr. Nock—the constable said to the prisoner, "You are my prisoner," and he made a blow at Mr. Nock—the constable seized him, and in the struggle he seized the candlestick from the table, and hit the constable in the forehead and chin—I rushed on the prisoner, seized him by the throat, got the candlestick out of his hand, and got hold of the poker—during that time Mr. Nock was striking the prisoner on the head to protect the constable—I got two more constables, and when we came, the constable was covered with blood, and the prisoner also—we seized the prisoner and took him to the station.
Cross-examined. Q. What name was he asked, if it was his name? A. Sonnenkalb, but he did not pronounce it right—a surgeon was obliged to be sent for to dress the prisoner's wounds in his head and body—he was covered all over with blood.
ANN RICHARDSON . I am servant to Mr. Nock, and remember the furniture being taken from his premises. I saw the prisoner there that morning—he carried the drawers and bedstead down stairs for the purpose of their being sent off—the vans left with the furniture about half-past twelve o'clock—mistress was out with the four children while the van was loading—I did not see her walking in the street then—it was by mistress's orders that the furniture was packed up and sent away—I had seen the prisoner in the house the evening before—I saw him last about nine o'clock or a little after, on Wednesday evening—I went to bed and left him there—I do not know when he went away—I saw him next morning about nine o'clock—Mrs. Nock was standing at the door and she let him in.
Cross-examined. Q. I believe Mrs. Nock desired you to give directions to the man what furniture to put in the van? A. Yes, I told him what to do according to mistress's directions—the vans were at the door loading about an hour and a half—master and mistress have not lived together very happily lately—I have frequently seen him come home tipsy—she was obliged to make frequent complaints of his usage of her—I have witnessed that ill usage at times.
COURT. Q. Do you mean he beat her? A. I have seen him strike her twice.
GEORGE HOLT . I removed the goods in the van. The prisoner hired it—I took them to 76, Margaret-street, Spa-fields—Gerrard-street is in Soho—I saw a lady and four children, at Margaret-street, in the room—the prisoner said the landlord was in trouble, and he wanted him to pay a quarter's rent, that he would only pay half a quarter's, and Said, if the landlord came to me, I was not to know any thing about the removal.
CAROLINE CARTER . I live at 76, Margaret-street. On the morning of Thursday, the 5th of May, the prisoner came to my house—there was a bill in my window of apartments to let—he asked me what they were—I said I had one room unfurnished—I showed it to him—he said he thought it would not do, but he called again, and said he would make a shift with it—in an hour and a half he came and said he Would decide on the room, and asked me if I could not let him have the second room which
was furnished—I said it would not suit me to move the furniture—he said it was only for a few days, that his landlord was in trouble for a little rent and he wished to save his goods—I agreed for him to have the room—he said he had occupied four rooms and a kitchen, when he was in Gerrard-street, that the van was loaded and was coming, and that his or the mistress was coming in a cab—the cab arrived shortly after with a lady and four children—he was taken away in custody that evening.
DAVID NOCK . I am the prosecutor's uncle. I know his wife—I remember the time Mrs. Nock left her husband's house, eight or nine months—I remember her leaving the last time—about two days before she left she had told me she should remove the goods, and go into a garret—that was last Monday week—my brother is the prosecutor's father—I am aware of the prosecutor assigning over his furniture to his father—I was present when he did so—it was on condition that if his father parted with it, he should have it again—there was no condition that his wife would never speak to the prisoner—she had been told often enough of that—I do not know where my brother the prosecutor's father is.
COURT. Q. Is the prisoner a married man, or single? A. Married—I have never seen any improper conduct between Mrs. Nock and the prisoner.
ELIZA NOCK . I am the wife of Charles Nock. I am now living at his father's house in Church-street, Kennington—I have four children—I remember some months ago, my husband handed over the lease of the house to his father—it was previous to his making the assignment of the furniture—he was not able to pay the rent of the house, and I have been obliged to let lodgings—there is not the slightest ground for imputing any impropriety, or undue familiarity between me and the prisoner—on my oath—I am on intimate terms with his wife—I am the person who gave directions for the removal of the furniture—he had no interest whatever in any one portion of the furniture, or its removal—he removed it by Mr. Nock's father's sanction—because I could not reside any longer with my husband—it is the second time I have left him from his ill treatment.
NOT GUILTY .
First Jury, before Mr. Recorder.
1554. THOMAS JAMES REYNOLDS was indicted for burglariously breaking and entering the dwelling-house of Sarah Lewis, at 11 o'clock at night, on the 24th of March, at S t. Olave, Hart-street, with intent to steal, and stealing therein, 1 time-piece, value 8s.; 1 o'clock, value 20s.; 6 yards of calico, value 3s.; 2 sheets, value 2s.; 1 shawl, value 2s.; her property.—2nd COUNT, stating it to be the dwelling-house of George Allwright.
MESSRS. RYLAND and GURNEY conducted the Prosecution.
WILLIAM WHITE (City police-constable, No. 112.) On the eve of Good Friday, the 24th of March, about half-past nine o'clock, I was on duty in Silver-street, and saw the prisoner in company with Godwin, who was in his uniform as a policeman—they were pacing to and fro in Silver-street, for about half-an-hour—they then separated—Godwin placed himself in a dark door-way, and the prisoner placed himself on the opposite side—as soon as they separated, I went to the prisoner, and asked him what he was waiting for—he made no answer—I asked him if he belonged
to the force, or whether he was on special duty—he said "You ask me a very bold question, you are too intelligent; however, if you think any thing, there is my mate's number, that is quite enough for you," pointing to Godwin, who was right opposite—I left him, and went over to Godwin, and asked him if there was any thing amiss—he said, "No, nothing very particular"—I asked him if he knew any thing of the man on the opposite side, loitering about there—he said, "Oh, yes, I know him very well, it is all right"—I left and went down my beat, about half way down Wood-street, when I saw Mrs. Lewis apparently in Godwin's custody, and saw the prisoner following about twenty yards behind—as the prisoner passed me he said, "He ought to have had both of us to help him to take her," meaning he ought to have had both me and him to help him—he gave me no reason for it—about a quarter of an hour after this, I was standing a few yards from Mrs. Lewis's door, and saw the prisoner and Godwin come back in great speed—both went up to Mrs. Lewis's door—one of them opened it with a key, from what I could hear rattling, and both went into the house—I went to the door, and Godwin brought a candle and candlestick to the door, and asked me to give him a light—I gave him one with my lantern—the prisoner at the same time requested me to keep pretty handy as my services might shortly be required—I kept about for five or ten minutes, and saw nothing of them—I then went round my beat—I saw Mrs. Lewis again, about two o'clock with Godwin and her bail Mr. Cox—she went to her house—she came-out about a quarter of an hour after and said she had been robbed during her absence—I and my sergeant went into her house—she showed us the place, which was in a very disturbed state, and things pulled out of the drawers.
Prisoner. Q. You say I was loitering about Silver-street with Godwin, about half-past nine o'clock? A. Tea—Mrs. Lewis's shop was closed when I first saw you there—I know nothing about its being a joke when you said you ought to have had two policemen to take the old woman—you said he might want me, and told me to keep pretty handy—I cannot swear how long you were inside—I went away—the door was shut—I did not try it, but I heard it bang to close—I heard the latch catch—I was standing there ten minutes—I did not notice you with a bundle that night—I did not see the little man that was brought with you to the Mansion-house that night—if you had carried a bundle that night to Mr. Jocelyn's I might or I might not have seen you—my beat forms a square—I dare say you took care I should not—I heard Mrs. Lewis say at Godwin's trial that she had lost a shawl—I cannot say whether he was indicted for stealing a shawl—I heard it mentioned—I heard her say so—I first heard of Mrs. Jocelyn on the 14th or 15th of April—I went to several public-houses to see if I could get information of you and Godwin having been there that night—I went to Mrs. Jocelyn's after Godwin's trial, and asked her if she had seen a man of your description there that night—she said, "Don't say any more, I can give you a description of him"—I cannot say whether it was the 15th—it was in the middle of April—I asked if she had seen a man with a macintosh on with a bundle—she said she had seen a man with a macintosh on with a velvet-collar and a bundle—she said he had a bundle—she did not say whether he came in or not with it, and what made her take particular notice was, the man carried it with his left arm—she said nothing more—she said a little man came in with him—she said you put the bundle under the settle—that the little man came in first, looked about, and said it was all right—a bundle
was handed from somebody outside the door in to you, and you put it down very softly, as if there was something very brittle in it—I do not know what made her remember it—I went of my own accord—I do not remember her saying any thing more than I have stated—she did not tell me the exact words that took place between you and the little man.
SARAH LEWIS . I am a widow, and live at No. 19, Silver-street, in the parish of St. Olave. On Thursday evening, the 24th of March, soon after seven o'clock, the prisoner came and asked me for half-a-pound of list-binding, and a pennyworth of string—they came to 2 1/2 d.,—I was to get them ready against he came again—he asked me what time I shut up my shop—I told him at ten—he said he should not be back at that time, it must be a little after ten—he went away—he had been several times to my shop before, both him and his wife—I never saw him after, till I saw him at the Mansion-house on this charge—Godwin came in that night a little after ten, after the shop was closed—I left the house that night in his custody, but saw nothing of the prisoner or any other person—after going to different station-houses, I got back to my house at two in the morning—when I left the house I had the keys of my street-door, shop door, bed-room, and back-parlour with me—all those doors were shut and fastened—I parted with the keys to Godwin, and had left in my bed room a time-piece, a dark bottle-green cloak with a very large cape to it, and four strings round the front—I missed them, and missed from the back-parlour a pair of sheets, six yards of calico, a shawl, and apron—that was the sitting-room, the room behind the shop—the things were in a drawer—the shawl was a very dark one, with a very small border to it—it struck two o'clock as I was coming home—on going into the house I found the drawers in the lower room turned all about, and disturbed, and then missed these articles—I gave an alarm that the house was robbed—I have never seen the property again.
Prisoner. Q. You recollect me buying string of you? A. Yes—you asked me what time I shut up my shop, and told me you would be back at ten o'clock or soon after—you and your wife had been in the habit of purchasing articles there—your wife has not been there since—she did not fetch the twine and binding next morning, Mr. Potts fetched it—when you came that night I saw no bundle in your hand—if you had one, of course I should have been able to have seen it—I cannot say that you placed any thing in the shop—I might have informed you I should not be in bed till half-past ten—when Godwin knocked at the door, I supposed it was you come back for the binding and twine—I observed nothing more than usual in your conduct—I cannot say how you were dressed—when I was discharged, Mr. Waller ordered my keys to be given to me—the robbery was done while I was at the station, in Moor-lane, between half-past ten and half-past eleven—I received the keys from the inspector on duty, and found my place locked up as I left it—Godwin took my keys and 2s.—I gave them to him in Wood-street, out of my pocket—I did not see you with him—the shawl was taken out of the last drawer but one—I do not know whether Godwin was indicted for stealing the shawl—I will swear I missed it when I missed my other things—it was a very dark shawl—I dare say I might discern the colour of it by candle light, at a little distance—I should say the border of it is about as wide as the length of my finger—about this length—it was a dark border, and you know it was—I will
swear my shawl is not mislaid among my other things at this present moment—I did not bear of Mrs. Jocelyn till the charge was brought against you, and you were brought up at the Mansion-house—I live close by her—my son and Mr. White were ordered to go round to the public-houses to know if any body went in that night—Jocelyn lives at the corner of Basinghall-street—I occupy the lower part of the house and one room up stairs—it is Mr. Allwright's house—he lives there.
MR. RYLAND. Q. Did you give the keys up to Godwin before you were at the first station-house? A. Yes, almost immediately I left the house in his custody—I got them back when I went to the station-house in Tower-street—it was about half-past eleven when I was taken there from Moor-lane—he was going to give them, I believe, to Waller, who ordered him to give them to me—it was then getting on for twelve o'clock, I dare say—Godwin had been absent from me during that time—he left me standing in Margaret-street, nearly ten minutes or a quarter of an hour before I was carried to Tower-street station—he had the keys then—I gave him the keys, as he asked if I had got any friends—I said yes, but it was a wrong time of night to go, but I had a son, if he would go to him; and when he left me in the station-house in Moor-lane I expected he was gone to give them to my son—he told me he would take them—I gave him the keys to take to him—he told me I should be searched, and I gave him my keys and two shillings to take to my son, and he told me he would go and fetch him, but he did not.
Prisoner. Q. Was your husband ever in trouble for receiving stolen property? A. Never—he was locked up one night, but did not receive it.
MR. GURNEY. Q. Your husband has been dead some time? A. Three years last March.
MARY JOCELYN . I am the wife of George Jocelyn, who keeps the Red Lion public-house, Basinghall-street. On the evening before Good Friday I remember two persons coming into my house whose appearance attracted my attention—the prisoner Reynolds came in, looked round, and said, "It is all right," to a little man who was close behind him—the little man named Potts, had a bundle on his arm, and gave it into the prisoner's hand—it was a good sized bundle tied up in a dark shawl with a narrow border—I should say not wider than this—(shewing her finger)—I cannot say what was in it—they laid it down with great care, as I thought, as if there was something brittle in it—they did not sit down—the prisoner turned to the little man and asked what he would have—he said a little drop of beer—he had half a pint, and the prisoner had three-halfpennyworth of gin, which he drank with his left hand—he never moved his right hand at all—they stopped a very few minutes—he said to the little man that he was very tired—the little man asked him to sit down—he said no, he was on very unpleasant business to-day, and he was afraid he must have some more, and would make the best of his way home, as he had some things to sell in the morning—the prisoner went out at the London-wall door, carrying the bundle in his left hand—he took it off the seat in front of the bar, and went away with it—the little man opened the door for him.
Prisoner. Q. You take in the daily newspapers? A. We have the Morning Advertiser—I do not read it once a month—I heard of this robbery before the policeman came, but I knew nothing about you—when he came to inquire, I said you had been there with a dark-green Macintosh
with a velvet collar—the policeman first came to me about the middle of last month—he merely asked me if I remembered any thing that happened on the 24th of March—I said, "That was Thursday fortnight"—he said, "Yes"—I said, "Let me alone"—I went into my bar parlour, and asked myself a few questions—I went to look at my book, and I had good reason to remember that night, for that evening somebody went into my tap-room and stole three brass knobs off a kitchen range—that was the day before Good Friday—when I came out I told him I recollected you and a little man—he said, "What sort of dress"—I described it—he said, "Have you any objection to come up and see if it is the same man?"—I said, "Not the least"—I came and picked you out of a score of people—I noticed your taking the bundle with your left hand—I saw how it was put down—I suspected you of doing wrong, you looked about and seemed to have your eye over every body—you looked with suspicion at every body, and I had suspicion of you from your manner—my husband has kept the house seventeen years—the little man had a very shabby hat and dress—I cannot say what was in the bundle—I did not see the time-piece sticking out of it.
FREDERICK RUSSELL . I am a policeman. I was at Godwin's trial—at that time nothing was known of the prisoner with any certainty—I remember his name being mentioned in the course of the trial—I knew him, and in consequence of what passed I and other policemen endeavoured to find him—I succeeded in finding him out on the 14th of April, between four and five o'clock in the afternoon, at No. 8, Collyer-place, Collyer-street, Pentonville, in a house by himself—there was nothing but an old chair in the house—I know his wife, she lives at No. 1, Paradise-street, King's-cross—I went to her house once to look for him, but could not find him—she was living there—when I found him in the empty house, I told him I wanted him for a robbery of Mrs. Lewis, in Silver-street, which Godwin was convicted of—he said he knew nothing about it—I told him it was for stealing a time-piece and cloak along with Godwin—he said what was Godwin to him—he had put Godwin into a good thing, if Godwin bad known how to make it out—making it out that Godwin did not know how to go on with it—he said he did not deny but what he was with Godwin at Mrs. Lewis's that evening, but Godwin had taken away the time-piece and cloak, what was that to him.
Prisoner. Q. Did you give this same evidence at the Mansion-house as you have now? A. Very near, I believe—(looking at his deposition)—this is my hand writing—it was read over to me, and I signed it—(read)—the part referred to was as follows:—"He said he did not know any thing of it, and as to Godwin, what was it to him if Godwin had taken the things he added, he did not deny he was with Godwin, but said Godwin had taken the things away.") A. He said the cloak and time piece—I mentioned the cloak and time-piece to him—he said Godwin had taken away the cloak and time-piece himself, and what was that to him, and that he had put Godwin into a good thing, but that he did not know how to do it, or some thing—I believe I mentioned this to the solicitor—I believe my evidence was taken shorter at the Mansion-house than I gave it—I am sure I mentioned it to Mr. Martin this, but my deposition was taken in another room.
MR. RYLAND. Q. Do you believe you stated before the Magistrate all you have stated here to-night? A. I have—he said positively that God
win had taken away the time-piece and dock, and that he had put him into a good thing, or words to that effect.
Q. How came you not to mention this to the Magistrate?A. My deposition was taken by the solicitor—my deposition was taken before I was examined by the Magistrate, and read over in the Magistrate's pretence, after I gave it to the clerk—I said nothing to the Magistrate except acknowledging my signature—I was not examined in the bearing of the Magistrate; but Mrs. Lewis, Mrs. Jocelyn, and White, were.
Prisoner. Q. Was your examination read over to you in he presence of Mr. Alderman Wilson? A. Yes—the prisoner heard it read over.
COURT. Q. How came you not to point out that these two material facts were left out?A. I did not know but what it was put in at the time—I am quite certain he used these expressions—I stated them to Mr. Harris, who took the examination in the outer room—I was not examined before the Magistrate, only it was read over in his presence.
Q. The prisoner had no means of knowing you had mentioned his saying he had put Godwin into a good thing, &c, &c.? A. No, nor that he took away the time-piece and cloak, except by the word "things" in the deposition.
Prisoner. The little man was held to bail to be called here; he would prove whether he brought me the bundle or not; they have locked him up in solitary confinement in Giltspur-street, and have not brought him forward; they dare not bring him forward, it is shameful.
FREDERICK RUSSELL re-examined. I apprehended the little man named Potts, having information of his being in the prisoner's company that night, and he is the man who attended on the prisoner at the empty house—he was committed for bail, not as a witness—I believe he is in the Compter—be was not examined with the prisoner—the prisoner said he could bring witnesses to prove he was not there that night—Potts was charged with having something to do with this offence.
Prisoner's Defence. I went that night to Mrs. Lewis's house, and bought some binding and twine; I had been in the habit of purchasing there; I asked what time she would shut up; she said about ten o'clock, but should not be in bed before half-past ten; I went there about ten minutes after ten, and saw Godwin, the policeman, take her to the station; I followed her to Moor-lane, waited till he came out, and asked him what she was taken up for; he said for receiving stolen metal; I told him I bought some binding and twine there; he said he was going to the place, and would give it to me; he asked me to go over the way to get a light, but I said, "Here is a policeman coming, get a light of him," which be did; I said to the policeman, "You had better stop, he may want you;" Godwin tried to open the shop-door, but could not; I said, "Never mind, I will send my wife for it in the morning," which I did; Mrs. Jocelyn was never heard of till the prosecutrix's son went with the policeman to the house; she goes into her little back-parlour and states the time of my coming and the words I used: is it likely I should go to her house to say what she states? I declare solemnly I never was in the house, and never saw the little man in my life, and he positively denies bringing me the bundle; he was locked up because he would not say he brought it to me, as they wished; if he did, must he not have received it knowing
it to have been stolen, or have stolen it? he was examined behind my back, while I was locked up; it was read over in my presence; Russell' deposition was read over to him, and he was very particularly asked if he had anything farther to add; he said no, and signed his name; his object in his evidence to-day is to convict me, but can you believe him after he swore different at the Mansion-house? It has been said I went there and put some metal on the woman's premises, then sent Godwin there to get it, merely to entrap him, to transport him; now it is proved I did not bring any bundle in, or she must have seen it, which fully proves the falsehood of the report; the trial is to convict me, to get a commutation of his sentence, but the prosecutrix proves he robbed her on the way to the station; I wish to call Leigh Wood, the City policeman.
WILLIAM LEIGH WOOD . I am a City policeman. On the 29th of March I recollect seeing the prisoner in Fenchurch-street between eight and nine o'clock at night—I was in the tap, at the Corn-market, afterwards—several persons looked in and nodded to me—I nodded in return—I cannot say the prisoner was one of them—I never saw him in Godwin's company—I never knew him by the name of Reynolds—I was sent with a police-sergeant to find his residence, but could not find it—I went there afterwards but did not find any of Mrs. Lewis's property there.
Prisoner. I have been employed by sergeant Hambling, who is now in Newgate; I have been too much mixed up with the police to have a character; I have served them faithfully, and because I have exposed some of their tricks I am brought here to-day; Godwin never knew my name or residence, till he was informed of it at the station.
(The prisoner called a witness by the name of Mary James, who was examined to prove the time the prisoner came home on the night in question, but after her examination she admitted herself to be his wife; and as such her evidence was not admissible.)
JOSHUA POTTS . I did not carry a bundle for the prisoner on the 24th of March, nor see him that night—I have been three weeks in Giltspur-street Compter, and have had no conversation with my friends for a fortnight—I have fetched binding and twine for the prisoner from Mrs. Lewis's almost ever since—I have dealt there eleven or twelve years—it does not come to above 2d. or 3 1/2 d. at a time—I never heard him say anything about taking anything from Mrs. Lewis—I know Russell—he asked if I was in the prisoner's company that night—I said not—I did not carry a bundle into Mrs. Jocelyn's that night—I never saw her—I go to Mrs. Lewis's four or five times a week—she spoke about the robbery, but did not allude to the prisoner—I recollect her saying the prisoner's wife had been for some things, but whether it was on the Saturday or not I cannot say.
MRS. JOCELYN re-examined. This witness is the short man of whom I spoke, as sure as I am a woman—he is the short man who handed the prisoner the shawl containing something at my house—I cannot positively swear whether I had ever seen him before or not, but I am positive he is the man.
CHARLES WALLER . I am inspector of the police. I cannot say one way or the other whether Godwin knew the prisoner's name or residence—I asked him who his informant was—he said he did not know his name, nor where he lived, but he was known to the police.
COURT. Q. Was that when Godwin was charged with making a false
charge, and was asked who informed him there was anything wrong in Mrs. Lewis's house? A. Yes.
MRS. LEWIS re-examined. Potts used to come backward and forward for string and binding—I know nothing of his character. GUILTY . Aged 33.— Transported for Fifteen Years.
NEW COURT.—Saturday, May 14th, 1842.
Sixth Jury, before Mr. Common Sergeant.
GUILTY .— Confined Four Months.
1556. JOHN BOREHAM was indicted for stealing, on the 1st of May, 2 bottles, value 6d.; 1 pint of wine, value 2s. 6d.; I wine-glass, value 6d.; and 1 tumbler, value 1s. 6d. the goods of Thomas Bennett, his master; to which he pleaded
GUILTY—Recommended to mercy. — Confined Six Months.
MR. PAYNE conducted the Prosecution,
JOHN KEY. I am a slop-seller and clothier, and live in Little Prescot-street. The prisoner was in my service as town traveller, at 30s. a-week—it was his duty to get orders for goods—on the 30th of March, I requested him to go to Poplar—he came back between seven and eight o'clock in the evening, and said he had not been able to succeed in getting an order, but he had met a very respectable man at Poplar, a Mr. Munroe, of Blackheath, that he had got an order from him, and they must be packed up, and taken immediately to meet him at the corner of Houndsditch, where he was waiting for them with his gig—the prisoner and my warehouseman went up stairs, looked out the clothes, and brought them down—there were about nineteen waistcoats and five pairs of trowsers—they were packed up—the prisoner asked if I would allow my boy to go with him to carry the parcel, to which I consented—I saw them go away together, the boy carrying the parcel.
Cross-examined by MR. CLARKSON. Q. Have you seen the clothes since?
A. No—he said they were to be taken to a public-home where Mr. Munroe's gig was—I do not know where they are now—Mr. Munroe has not offered to pay me for them—'the prisoner was employed to get orders as he could—I desired him to go to Poplar and Stratford, but never to Blackheath—I did not agree before the Magistrate to take 14l. to settle this—my solicitor said to me, "Will you settle this by the consent of the Magistrate, it will not be prejudicial to your case to do so," but I did not agree to do so—I said if I could get the Magistrate's consent, I would take it.
MR. PAYNE. Q. Did the prisoner come back? A. No, not that evening—I had discharged him as a servant, and gave him a commission on what he could get.
JOHN COLES HARVEY . I am warehouseman to the prosecutor. On the evening of the 30th of March the prisoner came, and said we were to make haste and look out the goods, as Mr. Munroe was waiting for them with his mule and gig at the corner of Castle-street, Houndsditch, and he would take them down with him, and save the carriage.
JOHN GUDGEON: I am porter to Mr. Key. I took the parcel along with the prisoner to the corner of Castle-street, Houndsditch, by the public-house—I gave him the parcel, and went home—I saw no mule andgig there.
WILLIAM MUNROE . I am a clothier, and live at Blackheath. I did not authorize the prisoner on the 30th of March to order any trowsers and waistcoats for me of Mr. Key, nor tell him that I would wait for them with my mule and gig at the corner of Castle-street
Cross-examined. Q. Do you know where these goods are? A. I cannot say exactly where they are—there is a parcel lying at the public-house for me, which I have reason to believe are the goods, but I have never been there to see—I did not order them, but I am quite willing to pay for them—I deal in such goods, and had many times bought goods of the prisoner.
(The prisoner received a good character.)
GUILTY. Aged 29.—Recommended to mercy. — Confined One Month
MR. PAYNE offered no evidence. NOT GUILTY .
1559. ARTHUR PEARSON was indicted for stealing, on the 25th of April, 22 half-sovereigns, 5 crowns, 50 half-crowns, 100 shillings, 40 sixpences, 9 groats, 12 pence, and 24 halfpence, the monies of the East and I West India Dock Company, his masters; to which he pleaded
GUILTY. Aged 27.—Recommended to mercy. — Confined Nine Months.
ALLYN DEACON . I live with my mother, who keeps a shop in Frederick-place, Hampstead-road. On the 15th of April, when I came home, about seven o'clock, I missed my double-barrelled gun from the shop-window—it has not been found.
OMAR HALL. I am a butcher, and live in Little George-street, Hainpstead-road. About three or four clock on the 15th of April, I was close to Mrs. Deacon's shop, and saw the prisoner Taylor come out of the shop with the gun in his hand, and as he was getting over the door, he said to Armstrong, who was ten or a dozen yards off, "Stop a minute, Jack"— they then went together round William-street—I called Mrs. Deacon—I and Charles Cotton went after them—when we got to the other end of WilHam-street, they were at the corner of Brook-street, and when we got to the corner of Brook-street we lost sight of them—in the New-road we caught sight of them again, and then lost them again.
Cross-examined by MR. PHILLIPS. Q. Had you ever teen Armstrong before? A. No, neither of them—Armstrong did not appear to be watch ing at the door, or taking any part before Taylor came out with thegun—he could see me—there were plenty of people passing.
Cross-examined by MR. HORRY. Q. When the person you say was Taylor ran away, was his back to you? A. Yet, when he came out of the shop his face was to me—I was on the same side of the road—I was out of place at the time, and I sometimes stand there when I have nothing to do—I live close by—I was along with Enoch Jones—we came out of Little George-street together—there were some other boys about there—I might have been talking to Jones at the time I saw the man come out of the shop—he did not run very fast—be made haste over the hill of the door—I have not spoken to anybody about Taylor since I have been here to day, nor last night—I swear I did not say to any one last night, "I shall be in time to-morrow morning to transport him," or "I will transport him yet"—I said nothing about transporting to any body—I did not see Taylor's sister last night to my knowledge—I do not know her—I did not speak to any body as I left the Court last night—directly we left, Jones and I went to the bath.
ENOCH JONES . I live in St. James's-place, Hampstead-road, with my father, who is an engraver and printer. I was in Frederick-place with Hall, and saw Taylor jump over Mrs. Deacon's shop-door, with a gun in his hand—Armstrong was standing about ten yards from die door—while Taylor was getting over the door, he said to Armstrong, "Jack, wait a minute, I shall be with you in a minute," or something like that—I did not understand it exactly—he then ran away up William-street, and when he got round the comer of William-street, Armstrong no after him—they, turned round Mary-street together—Cotton and I followed
them to Fitzroy-market, and then lost sight of them—I am quite sure the prisoners are the persons.
Cross-examined by MR. HORRY. Q. You just saw the backs of the parties, did you not, when they came out of the shop?A. I saw their faces—I was talking to Hall at the time, and walking towards Hampstead-road.
the person—I did not see Armstrong.
EDWARD KING . (police-constable S 10.) I took the prisoners into custody the day after, from information which I received from Jones—they were together—I said I wanted them—Taylor said, "What for?"—I said,
"For stealing a gun yesterday"—he said, "I was not in the neighbourhood yesterday"—I said, "Armstrong, where were you yesterday?"—he said, "I was in the neighbourhood, but I stole no gun"—I took them to the station, and found these duplicates, and some matches on Taylor.
Cross-examined by MR. PHILLIPS. Q. What do you mean to insinuate by saying that you found matches on Taylor? A. I do not know—thieves very likely carry them, because they would be handy at night to get a light easily.
TAYLOR— GUILTY .* Aged 26.— Confined Six Months.
ARMSTRONG— NOT GUILTY .
ELEAZER COLLINS . I live at No. 6, Cox's-square, Houndsditch. On the 6th of April, between five and six o'clock in the evening, I went into a beer-shop in the Fulham-road—I had a bundle, containing some shawls, with me—I called for a pint of beer, and afterwards for another pint—Mrs. Salmon and another woman were in the bar—I was there about half. an-hour—I was tired, and said to Mrs. Salmon, "Can you tell me where I can get a lodging?"—she said, "I can accommodate you with a good lodging, you can sleep here"—I left my bundle in her possession, went into the tap-room, and dozed for about five or ten minutes—I then went to the baragain, and saw my bundle—I thought it felt different—I opened it, missed four shawls, and said, "Mrs. Salmon, I am robbed, and nobody has robbed me but you"—she said, "I know nothing at all about it"—I took out the four papers the shawls had been wrapped in—Mrs. Salmon directly took and threw them on the fire—I said, "I am a poor man, give me my property back again, and I won't hurt you"—she said, "I know nothing at all about it"—in about ten minutes another woman, who was in her company at the time, and M'Cormack, came in—they called me a b foreign I b——, and the other woman gave me two slaps on the mouth, which I had I the marks of for a week—I said to Salmon, "Look how I am served; I am robbed, and beat into the bargain"—she said, "Serve you right, why I say you were robbed? you were never robbed in your life"—in about fire minutes in came her husband—he said, "What is the row?"—she said, "This foreigner says he is robbed; he has drunk three pints of beer, and won't pay me; and I won't give him his bundle up, because he has no money"—I had no money—I had paid 2 3/4 d., and gave her a pin for the rest—her husband said, "What is the matter?"—she said so and so—he said, "Why don't you split? then you are clear"—she would not say—another woman said, "That woman next door"—I went to one police-man, but be would not take the charge—I got another policeman, told him what had happened, and we went next door, where M'Corroack lives—she was with Mrs. Salmon when I gave her my bundle to take care of, and another woman too—we went up stairs into M'Cormack's room, and the policeman found one of my shawls under the bed—she was down stairs at the time—I directly gave her in charge—she said she knew nothing at all about it—it was very lucky there were two policemen to protect me, I might have been killed, for in about a quarter of an hour there were more than thirty women round me.
Cross-examined by MR. PHILLIPS. Q. bid you intend to stay the night in Mrs. Salmon's house? A. Yes—I was in the tap-room—there was nobody there, and I gave my bundle into Salmon's possession—I did not intend to sleep in the tap-room—she was to give me a bed—her house is in Fulham-fields, seven or eight miles from my lodging—I frequently sleep out for three or four nights together—I am a traveller—it was after I missed my shawls that I gave Mrs. Salmon the pin—she would not let me go—she said I had not paid my reckoning, and that my saying I was robbed was an excuse—there were no other women there when Salmon threw my papers on the fire—I am perfectly sure of that—I do not know a man named Wolf, who was tried in this Court—I never sent or went to Mrs. Salmon's husband about this business.
M'Cormack. Q. Did you not take me into the house to give me some drink? A. No—I cannot say whether I gave you any beer or not—may be I did—I gave Mrs. Salmon some—I was sober—I ordered a pot of beer, and gave 1s., to pay for it—there was another' woman in company with you—Mrs. Salmon may have given me a fourpenny bit and 4d. of halfpence change—I do not know whether I denied knowing what a fourpenny bit was—I did not say I would put the fourpenny bit back, and have it in beer—I had only one pot of beer and one pint of ale—I did not ask Mrs. Salmon for some brandy to treat my sweetheart, meaning you—I could not, it was only a beer-shop—I did not slip a ring on the finger of a girl named Ellen Casey in the tap-room—I had no ring—I did not put one of my shawls round your neck, and say I should like you for a sweetheart, nor did I put my arm round your waist and neck and kiss you—I did not tell Mrs. Salmon and Ellen Casey to leave the tap-room—I never saw you or any other woman in the tap-room—I sat there alone, and fell asleep—I did not owe Mrs. Salmon 9d. when I left the tap-room, only 2 3/4 d.—I may have had two screws of tobacco—I did not tell you I was selling tea and sugar under price, and that I would call in a few days and leave you something, as I had no money, nor any thing of the kind—you did not say you had no money, or you would like to buy one of the shawls; and I did not say, "Never mind, we will make a bargain about that"—I did not make you a present of the shawl, nor say I should like you to travel the country with me—I did not meet you on the road, and take you to Mrs. Salmon's to have something to drink—I did not say you should have one or two of the shawls for a present—I never wanted to go to bed with you—I have a wife at home.
PATRICK SHEEN . I live in Wheatsheaf-alley, Fulham-fields—my father keeps the house—M'Cormack lodges in the front-room. I found this shawl in the bed tick of an empty bedstead in her room, one Saturday in April—I cannot tell the day of the month.
WILLIAM WHITEFOOT . I am assistant to Mrs. Stewart, a pawnbroker, at Putney. Between six and seven o'clock on the evening of the 6th of April, this shawl was pledged for 3s, in the name of Ann Donovan, by a short stout woman, neither of the prisoners.
THOMAS ATHT . I am a policeman. About seven o'clock on the even ing of the 6th of April, the prosecutor informed me that he was robbed—I went to Sheen's house, and saw Baker find this shawl under the bed in M'Cormack's room—I went down, and told M'Cormack we had found it—she made some answer—only three shawls have been found.
MR. PHILLIPS. called
MARY HAMILTON . I am single—I live at No. 10, Wheatsheaf-alley. I was outside Mrs. Salmon's beer-shop on Wednesday evening, the 6th of April, and saw the prosecutor come out at the door with his pack on his back—Mrs. Salmon followed him, and said, "You have not paid me for what you have had"—he said, "Oh, how much is it?" and turned back, and put his pack on the table—she said, "ninepence halfpenny"—he put his hand into his pocket, and said he had no money—after some time he said, "I am robbed"—"Well," said Mrs. Salmon, "it is a curious thing you did not find out you were robbed before I asked you for my money; but I gave
you change for a shilling, and you have that in your pocket, it is no use to say you have not"—he stood talking a long time, then undid his pack, and threw the papers on the ground, when Ellen Casey, the woman that was drinking with him, fetched him a slap in the mouth, and said, "You should not behave in the way you have to me," she picked up the papers, and threw them into the fire—I am quite sure it was Casey threw them into the fire, and not Mrs. Salmon—there were as many as ten women came in.
FRANCIS CROTTENDALE . I am a policeman. I live at Fulham—I have known Mrs. Salmon and her husband three years—they are respectable people—she was given into my custody in the first instance, but when I took her to the station the prosecutor declined charging her, and said, "God forbid that I should have any thing to say against her"—he said he had lost his shawls, but had nothing to say against her—she was then discharged, and afterwards taken again.
M'CORMACK— GUILTY . Aged 23.— Confined Three Months. SALMON— NOT GUILTY .
MARY JENNINGS . I am a widow, living as cook in the family of Dr. Jonathan Pereira, in Finsbury-square. On the 8th of May I lost the inkstand, now produced, from the slab in the hall—it was safe at half-past seven o'clock—I had occasion to leave the steps of the door for about two minutes, and when I came back it was gone—I know nothing of the pri soner.
Prisoner's Defence. I pledged it, but I did not steal it; it was brought to me by a boy, who said it was his father's inkstand, and asked me if I knew any one who would purchase it; I said I did not; I believed it was his father's; I have not seen the boy since.
GUILTY . Aged 42.— Confined Three Months.
BENJAMIN MITCHELL . I live in Rawstorne-street, Clerkenwell—the prisoner was my apprentice and shopman. On the 20th of April I put some pieces of cloth away in a bundle—on the 24th I missed them—I suspected the prisoner—on the Monday morning when I went into the shop I found him with his hat on ready to go—he said, "I am up before you this morning"—I said, "Yes, and so you were on Saturday morning, I suppose"—he said, "No, I was not"—I attended to my work—in about half an hour he said, "Well, I think we had better have a tussell to get the street-door open"—I had locked it to prevent his going—I said, "Very well," and directed my mother to call a policeman—I returned to the shop—the prisoner said, "You had better open that street-door, or else I will make you"—I said, "You will?"—he said, "Yes, I will upset you in about two minutes"—I bolted him in, he began kicking as hard as he could, and got something to wrench the door
open—a policeman was called in—I had broken his box open on the Saturday, and there I found the cloth which I had put into the bundle—I meant to get the things out, lock them up, and make no disturbance about it—I did not intend to prosecute him, if he had not behaved as he did—when the policeman came in, I accused the prisoner of robbing me—he directly said it was not mine, and I had no business with it—the policeman then took him in charge for stealing the things I found in his box—I missed them on Sunday morning—this is the cloth I found in his box—this black remnant I had left in cutting out a coat and trowsers, and I intended making a waistcoat of it.
Prisoner. My master broke my box open, and put the cloth into it; he told me he would serve me out if he could. Witness. When I missed the cloth I opened the box with an instrument I had, in the absence of the prisoner or a policeman, in the presence of my own family—none of them are here—I broke it open directly I missed the cloth—when he came home at night, I said to him, "George, think yourself lucky you are not going to sleep in the station to-night"—he said, "What for?"—I said nothing more, because I saw him looking for the things—he saw how his box had been served, and understood what I meant—he has been with me three years—I had a premium with him—I have received 17l. of it by instalments, and there is 3l. more to come.
Prisoner's Defence. I went to the box for some bread and butter which I had left at breakfast—I found it broken open, but said nothing about it till the morning, when master gave me in charge.
NOT GUILTY .
LUCY OAKHAM . I am a widow, and live in World's End-passage, the prisoner is my son. On Saturday, the 16th of April, I gave the prisoner two shillings to go and pay Mr. Ho well, the baker, in Church-street, Chelsea, part of a bill, which came to 4s. 3d.—he returned in about a quarter of an hour—he brought me a small note, and made an excuse that Mr. Howell's mother was not within, and for that reason he could not bring the bill and receipt for the money—he said he had paid the money.
ALFRED HOWELL , The prosecutrix deals with me. The prisoner did not come on the 16th of April and pay me 2s.—he has not paid me any money for his mother in April—his mother generally comes herself—I am confident he did not pay the 2s.
GUILTY .** Aged 12.— Transported for Seven Years—Convict Ship.
1565. WILLIAM GOODSHIP was indicted for stealing, on the 2nd of April, 2 saws, value 7s.; 3 planes, value 6d.; 1 square, value 1s. 6d.; I screwdriver, value 1s.; 1 rule, value 1s.; 1 hammer, value 1s.; 1 chital, value 1s.; 1 mortice-gauge, value 2s.; 1 axe, value 1s. 6d.; 1 oil-stone, value 1s.; 1 basket, value 6d.; and 1 gimlet, value 6d.; the goods of James Escott: and 4 planes, value 10s., the goods of John Hawkins.
JAMES ESCOTT . I am a carpenter, living in Little Saffron-hill, Hatton garden. On the evening of the 2nd of April I lost some saws, planes, a screwdriver, and other articles—these are them—they are mine.
Prisoner's Defence. I was on tramp at the time the tools were lost; I came through Stratford, and met a young man; he asked me if I wanted to buy any tools; I said they were no use to me, I was a bricklayer; he said he would sell them cheap, as he was hard up; as I had a shilling or two in my pocket I thought to get a trifle by it, and bought them. GUILTY. Aged 21.— Confined Three Months.
1566. JAMES CHANDLER, JOSEPH CHANDLER , and GEORGE RUSSELL , were indicted for stealing, on the 18th of April, 1 watch, value 1l. 19s.; 1 seal, value 6d.; 1 key, value, 3d.; and 1 chain, value 3d.; the goods of Francis Coulson.
MARY COULSON . My father's name is Francis Coulson—he keeps a beer-shop in Sion-lane, Isle worth. On Monday, the 18th of April, about twenty minutes after eleven o'clock, the three prisoners came to our shop—Russell asked for a pot of table-beer, and offered me 6d. in payment, but I did not take it—I had occasion to go up stairs for change, and while I was gone, just as I got to the top of the stairs, I heard a noise—I thought all was not right—I did not stop to get change, but ran down stairs—as soon as I got down I missed my father' e watch, which had been hanging under the mantel-piece—I immediately ran to the door—the prisoners were all gone, but had left the 6d. on the chest of drawers in the same room, and had left the beer undrunk—I ran to the door and saw all three prisoners running as fast as they could—I put on my bonnet and cloak and ran after them—I kept them in sight till they got beyond Isleworth turnpike-gate—I sent information to the station, and saw them again at the station in charge the same morning—I am quite positive they are the three—I have not the least doubt about either—this is my father's watch.
Cross-examined by MR. PAYNE. Q. Had you seen them before? A. I had—they worked at a Mr. Norris's—they were out of work at the time they did this—my father has had the watch two or three years—I have no doubt about it—it corresponds, watch, chain, and seal, with the one lost.
Joseph Chandler. I was not inside your house that morning, nor near your door. Witness. You were on the step of the door—I am positive of it. John Chandler. Q. Did you see me near the mantel-piece where the watch hung? A. I saw you come in.
CHARLES HIGGINS . I am a shoemaker. About eleven o'clock on the 18th of April I was near the Angel, at Brentford-end, and saw the three prisoners running, with four or five boys running after them, towards the Cut—I did not know them before—they were running towards Brentford in the direction of Mr. Blake's, as fast as they could—they would pass Mr. Blake's premises in the way they went—I saw two of them pass it—I missed one of the men—I cannot say which.
at Brentford-end—I found this watch, which the prosecutor identifies, under a tub on the 19th of April.
JAMES CHANDLER— GUILTY . Aged 27
JOSH. CHANDLER— GUILTY . Aged 25.
Confined Four Months.
RUSSELL— GUILTY . Aged 20.
GEORGE ABBOTT . I am shopman to John White, who lives in Great St. Andrew-street, Seven Dials. About eight o'clock on the night of the 8th of April, the prisoner came into my shop for some pieces of leather—I placed them on the counter before him—he selected two pieces, which came to 9d.—he then went to a bin at the back of the shop, and selected two pieces, which came to 5d.—he then asked for two pieces of Spanish leather—I went to the back of the shop to get some—he took four pieces of leather off the counter and ran away—I followed him, and he was secured—the leather was found on him, and three pieces besides—they are my master's.
(The prisoner received a good character.)
GUILTY. Aged 26.—Recommended to mercy. — Confined Three Months.
AUGUSTS DOMINIQUE CAUSSE . I am a perfumer, and live in Regent-street. The prisoner was employed by me on Friday, Saturday, and Monday, the 25th of April, to clean knives, shoes, and forks—I missed a silver-spoon on the Saturday—on the Monday following I put a marked shilling on the dresser in the kitchen—I found it was gone—I went out for a policeman, came back, and told the prisoner I wanted to speak to him—this shilling is mine, and the one I marked.
Prisoner's Defence. It is the first time, I hope you will excuse it.
GUILTY. Aged 13.—Recommended to mercy. — Confined Ten Days, Solitary, and Whipped Twice.
1569. JOHN JARVIS was indicted for stealing, on the 30th of April, 3 pewter-pots, value 4s., the goods of William Daniel Saunders: also, on the same day, 3 pewter pots, value 5s., the goods of John Mapp; to which he pleaded
GUILTY .* Aged 28.— Confined Six Months.
1570. THOMAS RYAN was indicted for stealing, on the 26th of April, 2oz. weight of tobacco, value 6d.; 2 sovereigns, 2 half-crowns, 6s. shillings, 2 pence, and 3 halfpence; the property of Henry Collins, from his person.
HENRY COLLINS . I am a sailor, and live in the country—I was staying with my sister, who is in service at No. 22, Finsbury-square. On the 25th of April, I was at a public-house in Worship-street, Shoreditch—I
had in my pocket two sovereigns, some silver, a discharge paper, and a prize-ticket—I was rather in liquor—the prisoner was at the house—I had never seen him before—as I was stooping to get my bag in the house I found his hand in my pocket—I missed the sovereigns out of my pocket, and the silver shortly afterwards—I said nothing—I shook him off, and some of the silver dropped on the floor—I cannot say the sign of the public-house, as I was never there before—he took me from one house to another—I gave him into custody.
Cross-examined by MR. PHILLIPS. Q. Did you happen to swear to the name of the public-house before the Magistrate? A. I knew the name then, but I do not now—I was stooping to take something out of my bag when I first found him robbing me—I was sitting down at a table part of the time, and he opposite me—that was at the time he took the silver off the table, not when he took this money—when I was stooping to my bag the prisoner was standing right behind me, and I felt his hand go into my right-hand trowsers pocket—that was the way I was robbed—there were four or five persons in the house at the time—Reeve was there—I have been rather fond of drinking at times—I was not tipsy when I was in the Indictment-office—I had not tasted a drop of liquor that day—I did not send for any beer there—I did not go into any public-house opposite—I remember saying I was robbed of a pocket-handkerchief at the Rose—I produced two others out of my pocket, and asked the policeman to lend me a pencil, that I might take down the name of the house, to indict them—I do not mean to do so—the policeman told me I was dreaming—I missed my handkerchief, and thought I was robbed—I was never before a Court before, nor ever said I was—I might have boasted of my prosecutions before the policeman at the public-house—I do not exactly know how many I said—I never was concerned in any prosecution before this—I once gave a woman twelve months for robbing me of a sovereign—that was only a trifling thing—it was about four years ago—I am very seldom drunk—I was drunk on the day this happened—from the time I got up in the morning till I went to bed at night I was not sober for a single minute—I have been in two public houses to-day, for two half-pints of porter—I was put into the dock at the police-office—I cannot say what for.
WILLIAM REEVE . I am a pot-man, at the Baker and Basket, in Worship-street, Shoreditch. On the evening of the 25th of April, the prosecutor and prisoner were in my master's tap-room—the prosecutor was sitting at a table drunk, and the prisoner was sitting opposite to him—the prosecutor put his hand into his pocket, took out some silver, and put it on the table—the prisoner was reading the paper at the time—he passed it over to the prosecutor with his right hand, picked up the money with his left, and went out at the door with it—he afterwards returned and drank some beer, and went out again—I followed, and asked if he knew the prosecutor—he said he did not—I asked where the money was which he had taken off the table—he said at first he had not got it—he then took out 3s., and threw them down on the tap-room table, and said that was all, and he had picked them up—the prosecutor took them up and put them into his pocket—the prisoner was searched in the tap-room, and some silver and halfpence found on him, but no sovereigns—I am sure I saw him take up some silver—there was more than 3s. on the table—I saw half-a-crown amongst it.
Cross-examined. Q. You cannot be mistaken as to the way in which
this was done? A. No—the prisoner was not standing behind the prosecutor when he took the money, but sitting opposite him—people do not leave lead and iron in my custody—I never sold the works of a clock to any one—I have been pot-boy at this house ten months—I did not see any gold among the silver that was on the table.
WILLIAM WILLIAMS . I was at the Baker and Basket on this occasion—I saw the prosecutor sitting in a box, and the prisoner facing him, reading a paper—the prosecutor took a tin box out of his pocket with some money in it—it dropped on the ground—he put his hand into his pocket again, drew some more money out, and put it on the table—the prisoner handed the paper over to the prosecutor with his right hand, took the money up with his left, and walked outside the door—Reeve asked the prosecutor if he knew the man—he said, "No," and Reeve followed him outside the door, and asked him where he was going—he turned in again, and Reeve said, "What have you done with the money?"—he said, "I have only taken 3s. away from him. "
Cross-examined. Q. You saw the tin box, did you?, A. Yes—he put it on the table—Reeves was present at the time—the box was as large as the palm of my hand—any body must have seen it—I cannot say how much silver I saw on the table—I did not see any gold—I did not hear the prisoner offer Reeves 1s. to let him go.
WILLIAM TILLIER . I am a policeman. I was sent for—I asked the prosecutor who robbed him—he pointed to the prisoner—I said, "What has he robbed yon off?"—he felt in hit pockets, and said, "I have lost two sovereigns and some silver"—I said to the prisoner, "You must come along with me"—he said nothing—I saw the ends of the tobacco sticking out of hit left waistcoat pocket—the prosecutor said that tobacco was his—the prisoner said, "He has given me that"—the prosecutor-said, "No, I have not"—I found two sovereigns in the prisoner's fob, and two half-crowns, 4s. 6d., two penny pieces, and three halfpence in his breeches pockets—the prosecutor had previously told me he had lost two sovereigns and some silver, but the amount of the silver he could not tell.
Cross-examined. Q. On your oath, did he mention any silver at all to you? A. He did—I told that to the Magistrate—I cannot say whether what I said was taken down in writing—I have given evidence at police-offices forty or fifty times—I should say what I stated was taken down—I have not the least doubt of it, and I signed it—I do not think they took down what the prosecutor told me—all I said was taken down—I cannot say whether I told the Magistrate that the prosecutor told me he had lost some silver. (The prisoner received a good character.)
GUILTY . Aged 28.— Confined Six Months.
JAMES COCKRANE . I am baker, living in Francis-street, Bedford-square. About ten o'clock, on the 21st of April, I saw the prisoner run out of my shop—I missed my money and till from its place—he did not take it out of the shop, only about three yards from where it was placed—it contained three half-crowns, seven shillings, and three sixpences.
the evening I was going out, and saw the prisoner about three yards from the place with the till in his hand—I laid hold of one end of the till, he had hold of the other, and we both pulled at it—he ran out, and was brought back—no money was found on him—the money was in the till.
Prisoner's Defence. I did not pull the till.
GUILTY. Aged 11.—Recommended to mercy. — Confined Ten Days Solitary, and Twice Whipped.
1572. GEORGE JONES, alias Samuel Beale, and CHARLES MELVINE were indicted for stealing, on the 6th of May, 3 loaves of bread, value 2s.; and 1/2 lb. weight of butter, value 6d.; the goods of William Coard Griffin Jarrett; to which
MELV1NE pleaded GUILTY ,† Aged 18.— Confined Nine Months.
THOMAS WILLIAM MEAD . I live in St. James's-walk, Clerkenwell. About five minutes to seven o'clock in the morning of the 6th of May I was in Harrison-street—I saw Jones standing with his back to an area—I leant over, and saw Melvine down in the area, about to secrete some bread, which he had tied up in a handkerchief—he came up, I seized him, a policeman coming up with Jones, and I gave him into custody—Jones ran away as soon as I called out—the policeman stopped him, and brought him back—they were both taken to the station-house—this rope-ladder was hanging down the area.
WILLIAM COARD GRIFFIN JARRETT . I live in Harrison-street, St. Pancras. About seven o'clock this morning I was disturbed by an unusual knocking at the door, and going out discovered that the door of the safe had been cut open—three loaves of this description had been taken from the safe, and were tied up in a handkerchief on the ground—they were in the safe at eleven the night before—the safe was locked but the gauze in front had been cut open.
THOMAS LINNARD . About seven o'clock that morning I was in Harrison-street—I saw Jones run away—he said, "It is not me, it is the other"—I had said nothing to him then—this rope was given to me by a man who had Melvine—it would enable him to get up and down the area. Jones's Defence. On Thursday night I saw Melvine. I did not see him again after parting with him till I was standing in Harrison-street; the man came up and asked me what the rope did down there. I said I did not know. I was walking away, and the policeman stopped me.
JONES†— GUILTY . Aged 19.— Confined Nine Months.
JONES pleaded GUILTY . Aged 25.— Confined Three Months.
DAVID GRIFFITHS . I am assistant to Mr. Henry Holderness, a linendraper, in Farringdon-street. About a quarter to nine on Saturday night the 16th of April, I put a piece of cotton about a foot inside the lobby—the officer brought the prisoner back with it—this now produced is it—it is my master's.
who I had seen two or three times—he asked me whether I would go into the City with him—I went with him—on going up Holborn we met the two prisoners at the corner of Red Lion-street—they were lurking round a bookseller's shop—we afterwards saw them in Farringdon-street, round the prosecutor's shop—I saw Jones put up his right hand to the print, take his hand down, put it up again, and take the print down off the iron—he went away—Handcock went and brought him back—Robinson was close by him at the time, and as Jones took the print Robinson crossed the road.
JOHN SIMS HANDCOCK . I am a policeman. About a quarter to nine on Saturday, the 16th of April, I saw the prisoners at the prosecutor's shop-door—Jones took the cotton from the door—he had it in his arms going across the road—Robinson was standing by the side of him, about a foot from him, when he took it—I had followed them together from Leather-lane, Holborn, down to Farringdon-street—they talked as if they were acquainted.
Cross-examined by MR. PAYNE. Q. Are you a Middlesex policeman? A. Yes.
ROBINSON— GUILTY . † Aged 18.— Confined Nine Months.
1574. MARY ANN BRODRICK was indicted for stealing, on the 16th of April, 1 sheet, value 2s. 6d.; 4 flannel petticoats, value 5s.; 1 pair of stockings, value 6d.; 1 shawl, value 1s.; 4 bed gowns, value 2s.; 1 pair of stays, value 8d.; 2 shawls, value 2s.; 1 pillow-case, value 1s.; 1 gown-skirt, value 4s.; 4 pair of socks, value 1s.; 2 shifts, value 4s.; 5 pinafores, value 1s. 6d.; 4 towels, value 1s. 6d.; 1 cap, value 6s.; 6 napkins, value 1s. 6d.; 1 blanket, value 1s.; 1 frock, value 6d.; the goods of Vincent Matthews: and 1 apron, value 6d., the goods of Ann Eagles.
HEPHEZBAH MATTHEWS . I am the wife of Vincent Matthews, and live in Crown-street, St. Giles's. On the 13th of April I sent my little boy and the servant with a bundle, containing the articles stated, to Great Queen-street, Lincoln's-inn-fields—part of them are here—they are all mine except one apron, which belongs to Ann Eagles, my servant—she came back without the bundle.
ANN EAGLES . At a quarter to seven, this Wednesday evening, my mistress gave me a bundle—I went to Charles-street, Long-acre, with it—my mistress's little boy was with me, he is three years old—the prisoner came up to me, and said, "Poor little fellow, I will carry the bundle for you"—I said, "No, thank you, the child can walk"—I was carrying the bundle—she took up the child and carried him—I went on till we got to another street—she said, "Will you go and get change for a sovereign?" giving me a paper—I said I would—she said, "I will take charge of the child and bundle"—I went, and when I came to open the paper there was nothing but the paper—when I came back she was gone, child, bundle, and all—I saw her again the next afternoon passing the door—I ran down and asked the landlady's son to stop her—she was stopped—we found the child the same night—he was brought to Bow-street—he was left in the street—this is my apron.
ANN MACHIN . I live in Monmouth-street. I was at Mrs. Sheen's shop between eight and nine o'clock on Wednesday evening, at the time the prisoner brought these articles in for sale—she asked 1s. for them—Mrs. Sheen bought them of her in my presence for 1s.—I am quite sure she is the person—Mrs. Sheen is ill.
Prisoner's Defence. She said at the office that the bonnet I had on was brown; I have not got such a one; mine is blue. I was going down Queen-street for something for my mother, when a man gave me in charge, while they went to search my father's house; it is not likely they would find what I never saw.
GUILTY. Aged 16.—Recommended to mercy. — Confined Three Months.
WILLIAM TURNER . I am coachman to Colonel Charles Gillies, of Rochester House, Bayswater. I met the prisoner at the Black Lion—I knew him—he went to the stable along with me—he asked me if I had anything for him to do—I said there were six or seven bridles and bits he might clean for me—he did so, and went to my master's house to dine along with me—after dinner we had two pots of porter from the Craven Arms, which I paid for—we came back from there between four and five o'clock, and I went into the green-house to water some plants for the gardener—on Sunday I missed the set of horse cloths, the roller, and other things—these are them—they are my master's—I wrote and told my master all about it.
Prisoner's Defence. We went to the public-house, played at skittles, and had too much to drink.
GUILTY . Aged 26.— Confined Six Months.
STEPHEN DUNNING . I am groom in the service of Mr. William Webster, of Bell and Horn-lane, Old Brompton. About six o'clock, on Thursday night, the 28th of April, I shut the hen-house up, behind my master's house—he had three fowls there—I missed them next morning—they have since been found—the prisoner is a private watchman—he had a key that would open master's gate, but we had a lock put on that this key would not open—I do not know whether he would have an opportunity of seeing the fowlsat my master's.
HENRY WOODSON . I bought the fowls of the prisoner, on Friday morning, at eight o'clock, for 4s. 6d.—he said he had them to sell for a man at Old Brompton, and was to have 6d. for doing so—I have known him between three and four years—I never dealt with him before—he had asked me to buy the fowls three weeks or a month before.
Prisoner's Defence. A man came up to me, and asked me if I knew any body that would buy these; I said no, there was a shop at Knights-bridge; he said he lived in Chelsea; when I went back to the lane the man was gone; in the course of an hour the man came back again; I gave him the money; I never received a sixpence; I have lived in the neighbourhood a number of years.
GUILTY . Aged 63.— Confined Three Months.
Prisoner. He did not overtake me with the beef, I had no beef with me. Witness. I saw him with it, called, "Stop thief," and he dropped it.
Prisoner. Q. Where did I take it from? A. From the lid of the pickle-tub.
GUILTY . Aged 23.— Confined Three Months.
SAMUEL RICHARD NEWTON . I am a grocer, living in Upper Charlton-street. The prisoner was my porter—it was his duty to receive money for me, and to pay me the same night—if he received 2s. 5d. from Mrs. Archer, on the 19th of March, and 14s. 11d. on the 19th of April, from Mrs. Salmon, he has not paid me; I asked him what he had done with it—he said he had bought clothes, and spent it—that is all he said about it—he is a defaulter to the amount of 12l.
Cross-examined by MR. PRENDERGAST. Q. He told you directly, did not he? A. I had been round to make inquiry, and questioned him when I returned in the evening, and he said he had received it, and spent it.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Six Months.
JOHN GROVES . I am in Mr. Pitt's employ. Between three and four o'clock I was riding in the lane adjoining my master's house—I saw the prisoner come over the garden paling, with this coat under his arm—I secured him.
GUILTY .* Aged 17.— Transported for Seven Years.
HENRY COVE . I am apprentice to Mr. John Stephens, a brash-maker, in Upper North-place, Gray's Inn-road. On the 11th of April I saw the prisoner take something—I followed him—he ran away—I overtook him, and he threw this brush from him—it is my master's.
(The prisoner received a good character.)
GUILTY .* Aged 14.— Confined Three Months.
Fifth Jury, before Edward Bullock, Esq.
REV. FRANCIS GARDEN . I am a clergyman, and live at Blackheath-hill. On Wednesday, the 13th of April, I was in the Strand, a little after eight o'clock—some person gave me information, in consequence of which I felt in my coat pocket, and missed my handkerchief—this now produced is it—it has my initials in the corner.
JAMES LEWIS ASHMAN . I am a policeman. On Wednesday night, the 13th of April, I was in the Strand—I saw the prosecutor passing along, and the prisoner and two others following him for about a hundred yards—I saw the prisoner lift the prosecutor's coat tail, and take his handkerchief from it—he turned back, and tucked it inside his coat—I went and took him into custody—he took this handkerchief from his breast, and threw it behind him on the pavement, while I had hold of him—I picked it up—I asked him what he threw the handkerchief away for—he said he knew nothing of it.
Prisoner. Q. Where was you when you saw me take it? A. Just by Exeter-hall—I was on the opposite side of the way—it was about half-past eight o'clock in the evening—the gas was lighted—I could see from one side of the way to the other—there were no carriages passing at the time.
Prisoner. I was going on an errand.
GUILTY . Aged 22.— Confined Twelve Months.
WILLIAM GUDGEON . I am in the service of Charles Borer, a cheesemonger, in Lower-street, Islington. Between twelve and one o'clock, on the 17th of April, I was in my master's shop—I saw the prisoner take a piece of bacon out of the window—the sash was up—he ran straight down the road—I followed—he threw the bacon away—he was stopped, and given to me—he picked up the bacon, gave it to me, and begged for mercy—I gave him into custody.
GUILTY . Aged 17.— Transported for Seven Years.
MART JORDAN . I am the wife of James Jordan, of Bury-court, Gray's inn-lane. The prisoner took a furnished room at our house, about a fortnight before Christmas—she left three weeks ago last Monday without giving notice—after she was gone I missed from her room two blankets, two sheets, and two saucepans, which I had seen safe in her room eight or nine weeks before she left—she left the room once and came back again the week after—I did not see the room after she had taken it the second time
till she left—no one went to the room, but her and her acquaintance—she had the key of the room—I gave her into custody.
Prisoner. Q. I took the room two months before Christmas? A. I do not think it was so long as that—I did not say I did not care how often you pawned the things if you got them out again—I never gave any one leave to pawn the things—Mrs. Winter is a lodger of mine—I never allowed her to pawn things—I know she has pawned things, bat I never gave her leave to do so.
JOHN ARCHER . I am a policeman. The prisoner was given into my custody at the house—she said she had pledged part of the things, and part she had left—she did not tell me where they were pledged—there are shops in the neighbourhood where they leave things, and get a small sum on them without having a ticket.
WILLIAM DAVID RAWLINGS . I am a pawnbroker, and live in Peter's-lane, Cow-cross. I produce a sheet pledged by the prisoner, on the 11th of March, in the name of Ann Collins—I am certain of her—I gave her a ticket.
Prisoner. Q. You know I have pawned thing frequently? A. I know you by coming to the shop at different times.
JOHN THORPE . I am in the service of Mr. Rosier, a pawnbroker, in Turnmill-street, Clerkenwell. I produce two blankets pawned by the prisoner—one on the 28th of January, the other on the 31st—I know her by her coming to the shop—these are the tickets which I gave for them.
(Property produced and sworn to.)
Prisoner's Defence. I have frequently pawned the clothes and redeemed them again, but my husband being out of work I could not redeem them; I kept on my room three months after pawning the clothes; they would have let me go, if I would release the blanket, and give 5s. as security; I could not, and Archer told them to give me in charge; if it had not been for him the prosecutor would not have given me into custody.
GUILTY . Aged 24.— Confined Six Months.
JOHN NEWMAN . I am a labourer. I have been a soldier, and was discharged with a pension—I live at Enfield-highway—on the 29th of April, I received my pension 4l. 17s. 3d. at Enfield town—I took it home that day—I had my instruction papers with it—on the morning of the 30th, I missed my papers—my money was all right—I went to the Wheatsheaf to inquire about my papers—(I had been there the evening before)—I was a little in drink when I went there—I had my pension money with me—I had too much to drink there, and did not know what I was about—I cannot stand much drink—I received a wound in my head, and can take but little—I left the Wheatsheaf, about seven o'clock in the evening—I strove to get home, and laid down by the river-side—I had my money with me when I left the Wheatsheaf, but before I got far I put my hand into my pocket and missed it—I missed it before I laid down, about five minutes after I came from the Wheatsheaf—I found my
instruction papers at home after all—the policeman found me by the side of the river, and took me back to the inspector's house.
RICHARD WATKINS . I am a sergeant of the mounted police, stationed at Enfield. On this Monday I was informed of the robbery, and apprehended Tyler on the Saturday after—I told him what for—he said he knew nothing about it—I asked him if he had changed any money that Saturday night—he said he had not—I then asked if he was in Mrs. Livermore's house, which is opposite to the Wheatsheaf—he said be was in the yard—I then took him to the station-house, and locked him up—I told him he had changed a half-sovereign at the Serjeant in Parson's-lane, and asked him if he had not bought a pair of trowsers at another place, and how he came by the money—he said he had worked for it—I took Livermore into custody the following morning, as she was coming from Robinson's mill, down a place called Windmill-hill—I told her why I took her—she said she knew nothing about it—I asked her what money she had laid out the Saturday night previous—she said she had only bought a little shop things with the money she had earned—I asked her if she had not taken some blankets out of pledge that night—she gave me no answer—I asked if she had not changed a sovereign at Robinson's mill—she gave me no answer—I asked whether it was her or Mrs. Mole who brought the prosecutor into her house—she said it was Mrs. Mole enticed him in—I asked her about Tyler being in her house—she admitted he was there, but said it was Mrs. Mole that brought him in—I afterwards went in company with a sergeant to Mole's house—I called her up—she came on the stairs partly dressed—I desired her to dress herself—I told her the charge—she denied it at first, and then she said that she and Livermore brought the prosecutor into the house to wipe his face, because the boys had been worrying him, and in a few minutes she went out, and Livermore followed her—she said Tyler went for a pot of beer, and the went out soon after the beer came—she said one sovereign was changed at Mr. Gosling's, and they were all three in company—that she went to Mr. Robinson the miller and changed half-a-sovereign, and one sovereign was changed at Mr. Jarvis, at the Horse Shoes.
Cross-examined by MR. HORRY. Q. I believe you were only told that? A. I was told it by Mole—I inquired and found it to be true—I asked Livermore whether it was she or Mrs. Mole that enticed the prosecutor into the house—she said it was Mrs. Mole.
JOHN COLLINS (police-constable N 24.) I went with Watkins, and took Mole into custody—I told her we had come to take her for robbing the old man—she said she knew nothing about it—she afterwards said she would tell us all about it—I said what she did say would be told again to the Magistrate—she then said she thought it would be best to tell all about it, that on the night of the 3rd of April, she was in Baker-street, and saw the old man thrown out of the Wheatsheaf public-house—after that the old man called Mrs. Livermore by name, and went into the house—she said she had had two sovereigns of the money, one of them was changed at Mr. Gosling's, the beer-shop, and one at King's, the pawnbroker, at Edmonton—she did not tell me that one of them was changed at the Horse Shoes public-house, but I found that one was changed there—she said that one of them was changed at Mr. Robinson's, at the Mill—when I was at Mole's house she gave me two handkerchiefs, and said those handkerchiefs she had bought
with part of the money—after the first examination before the Magistrate, I took Tyler back to the station and locked him up—he asked if he should be allowed to say any thing—I said yes, the Magistrate would tell him when—he said he would tell all about it—that he was to have part of the money, but he had not.
REBECCA JARVIS . I am the wife of James Jarvis, who keeps the Horse Shoes public-house, Chase Side, Enfield. On Saturday night, the 30th of April, Livermore came and asked me for change for a sovereign—I gave it her—she then asked me for change for a second sovereign—I had not got it—I saw both the sovereigns.
Cross-examined. Q. You had known her before? A. Yes.
HENRY GOSLING . I keep a beer-shop at Windmill Hill, Enfield. On Saturday evening, the 30th of April, about eight o'clock, all three prisoners came to my house nearly altogether—Tyler and Livermore came first—they asked for some beer—I gave it them—Livermore gave me a sovereign to take for it—they appeared to drink all together—I did not stop in the room long.
SARAH ROBINSON . I am the wife of Isaac Robinson, who has a cornmill in Enfield parish. On Saturday evening, the 30th of April, between eight and nine o'clock, Livermore and Mole came together to buy flour—I gave them change for a sovereign, which Livermore gave me—Mole give me a half-sovereign, and I gave her change.
Cross-examined. Q. You have known 'Livermore before? A. Yes, her husband is a labourer—I have not known much of Mole.
JAMES SMITH . I keep the Serjeant, in Parson-lane, Enfield. Between eight and nine o'clock on Saturday evening, the 30th of April, Tyler was at my bar—he had a pint of beer, and gave me the half-sovereign in payment—I gave him change.
Tyler. I had a pint of beer and gave you 2d., and gave you the half-sovereign for a quartern of gin. Witness, You gave me the half-sovereign for a pint of beer.
MARY ANN MOLE . I am the daughter of the prisoner Mole, and live with her. On Saturday, the 30th of April, about seven o'clock, she came home and had her tea—Livermore came in afterwards, and after that Tyler—I did not hear what passed—I heard them say they were going for some flour—on Monday my mother gave me a sovereign to go and fetch some things out of pawn—when she came home on Saturday evening she said something about having something—she did not tell me what—I did not take much notice of what she said.
GEORGE HOBBY (police-constable N 314.) About half-past six o'clock on the 30th of April, I was at my door in Baker-street, Enfield, which is near Livermore's house—I can see the Wheatsheaf from it—I saw the prosecutor drunk in the middle of the road—he came across to the side which I was on, and went into the wicket gate, where Livermore lives—some minutes afterwards I saw the prosecutor and her in the passage—she had got her hand on his arm or his hand, and was talking to him—I afterwards passed by her house and heard some persons talking—I cannot say who they were.
Cross-examined. Q. How far were you from where you saw her taking hold of his arm? A. About twelve or fifteen yards—I do not think she was holding him up—I could not distinguish accurately whether she was or not—I did not see any one with him when he went through the wicket—
I observed some boys were teazing and jeering him—he appeared to go through them.
Tyler's Defence. I never received any money, nor had any.
Mole's Defence. I was coming home at half-past six o'clock. I went into a shop for a few things. The prosecutor was in a bad state of dirt and filth, and was cut in the face and hands. I stood looking at him, and after that Livermore came up I said, "Charlotte, look at that poor old man, he has been drinking these four days at the Wheatsheaf." I said, "Bring a cloth and wipe his face;" he went in, and Tyler soon after came in, and asked him to send for a drop of beer; he went for a pot; he dropped sixpence out of his pocket. Tyler picked it up; he behaved in an indecent manner to me and Livermore. I went out and went home. I stole no money; my money that I had was given to me in the fields.
NOT GUILTY .
ALICE TAYLOR . I am the wife of Charles Taylor, living in Evans's-buildings, George-street, Chelsea. On the 5th of May, I missed my husband's coat from the back-parlour—he had worn it on the Thursday previous—I did not see it again, till I saw it for sale at Lloyd's door, which is about a quarter of a mile from my house—this is it—I had seen the prisoner at my gate on the Saturday previous.
Prisoner. Q. What had I on when you saw me at your gate? A. I did not notice your dress—I only knew you by sight.
Prisoner. It was this day month. Witness. I had not opened my shop this day month.
Prisoner's Defence. I own I sold the coat—last Tuesday three weeks I was going to work; I was waiting for a woman; I saw a piece of paper lying on the ground; I picked it up, and it was the ticket of a coat pledged for 1s. I took it with me to the station, and spoke of it there; I took it home to my lodging, and said I had found a ticket for a coat in the name of Murray, Wilderness-row—at dinner-time I went to inquire, but no such name was there; I kept the ticket till the Saturday following; I then unfortunately went and redeemed it, as they told me I was entitled to do so, as I could not find the owner; I paid 1s. 1/2 d., and sold it to Floyd for 2s.; a fortnight afterwards I was taken up; the policeman knows the name of the pawnbroker.
GUILTY . Aged 51.— Confined Six Months.
(There was another indictment against the prisoner.)
coming down stairs, and saw the prisoner standing at the top of the kitchenstairs, by the back-door—I asked him what he wanted there—he asked if Mr. Williams lived there—I said no—he then walked out—I followed him—he threw down one pepper-castor, one mustard-spoon, one tablespoon, two dessert, and three tea-spoons—when he got out of the gate he ran—I ran after him—I called out, and he was stopped—I did not lose sight of him till he was taken into custody—the plate had been in the basket in the kitchen closet—I bad seen it safe about a quarter of an hour before—I left nobody in the kitchen.
Prisoner. Q. How far was I down the road when I was caught? A. A few gates from ours—I was-close behind you when you were opening the front gate—you were never out of my sight.
SOPHIA JOHNSON . I am sister of Elizabeth Johnson; I live as servant to Mr. Stevens. About eleven o'clock on the morning of the 6th of May I heard my sister call out—I went out into the back-yard and found the silver pepper-castor, table-spoon, dessert-spoon, and tome teaspoons, which belong to my master—I took them back into the kitchen—the prisoner was afterwards brought to the house in custody.
Prisoner's Defence. I saw a young man running; he got away; I ran back to the house, seeing a mob, and I was recognized.
(The prisoner received a good character.)
GUILTY. Aged 18.—Recommended to mercy. — Confined Twelve Months.
1587. ROBERT HART was indicted for stealing, on the 11th of May, 1 window-guard, value 3s., the goods of our Lady the Queen.—2nd COUNT, stating it to belong to Samuel Higham.—3rd COUNT, stating it to belong to Ann Norris.
WILLIAM SELLERS . I am porter at the National Debt Office, in the Old Jewry. About twelve o'clock, on the 11th of May, I was in the office—I saw the prisoner coming to the door—as I was going to the door, he took a wire guard from the window and ran down the steps with it—I ran after him and collared him—he had the guard under his arm—I desired him to come back to the office—he immediately dropped the guard, and escaped from me—I took it up and ran, crying, "Stop thief"—I never lost sight of him till he was stopped in Bell-alley—the policeman came up, and I gave him into custody—this is the guard—it is the property of her Majesty—the National Debt Office belong to the Crown.
Prisoner's Defence. I was coming down the Old Jewry; I saw a man like a porter run down the steps with the guard; he threw it at my feet; I picked it up; the prosecutor collared me, and in the sudden effort of his tearing my shirt I ran away.
GUILTY . Aged 24.— Confined Three Months.
ROBERT BANFIELD . I live with my father, Louis Banfield, a shoemaker, in Norfolk-place, Bethnal-green-road; the prisoner was our journeyman. On the afternoon of the 29th of April, he came to the shop to change two pieces of leather—I took them from him and left the shop, leaving him there in a sort of entry or passage adjoining the shop, divided from it by a wicket door—he could see all round the shop—I came back and gave him three pieces of leather in change for the two pieces he had brought—he then went away—after he was gone I missed this pair of boots from a bar under the counter, within reach of where he had been standing—I went after the prisoner—he had got about half a dozen yards from the door—I stopped him and told him my father wanted him—he said did he, and came back with me—I told him he had taken a pair of boots off the bar—he said he had—he took off his hat and gave them to me—these are them—they are my father's—the prisoner had nothing to do with them.
Cross-examined by MR. PAYNE. Q. Had his family been in the habit of working for you? A. They had, and do now—he came back directly I asked him.
EDWARD M'CARTHY . I am a policeman. The prisoner was given into my custody—I told him what he was taken for—he said he was guilty of it, and he said to Mr. Banfield, "Robert, I hope you will forgive me this time. "
Cross-examined. Q. Are you quite sure he said that? A. Yes, just outside the prosecutor's door.
(The prisoner received a good character.)
GUILTY. Aged 20.—Strongly recommended to mercy by the Prosecutor and Jury. — Confined Three Months.
THOMAS ASHLEY . I am in the service of William Blackborn, a pawnbroker, in Clerkenwell. On Thursday afternoon, the 28th of April, between five and six, I missed a pair of trowsers which I had seen hanging up inside the shop-door that morning—these now produced are them—they are my master's—they were brought back by the policeman next afternoon.
HENRY MORTON FAREBROTHER . I am in the service of Mr. Reeve, a pawnbroker, in Gray's-inn-lane. The prisoner offered these trowsers in pledge to me—seeing a piece of string tied round one button, the opposite button torn off, and two pins in them, I suspected they were stolen, and gave the prisoner into custody—he was asked how he came by them—he said they were Mr. Cootes's, who is a customer of ours, and that he had sent him to pledge them—the prisoner had been in the habit of pledging for Cootes.
CHARLES HART . I am a policeman. The prisoner was given into my custody with the trowsers—I asked how he came by them—he said a boy gave them to him in Brook's-market to pledge, that he was to wait there till he took him back the money, and would give him 6d. for his trouble.
Prisoner's Defence. A young man in Brook's-market gave them to me, and offered me 6d. to pledge them. I asked in what name; he said, "Cootes. "
GUILTY . Aged 17.— Confined Six Months.
HENRY COXHEAD . I am in the service of Benjamin Higgins Woodward and another, carpet manufacturers, in Skinner-street. On Saturday, evening, the 7th of May, between seven and eight o'clock, I had a piece of carpet, and a hearth-rug, belonging to my employers, to carry to Gainsford and Booth's, in the Borough—I engaged the prisoner to carry it for me for a pot of beer—I told him I would take it of him at the end of Union-street—he took it on his shoulder, and I went with him—before I got to the end of Union-street, I missed him—I searched for him, and went to Gainsford and Booth's, to see if he had been there, but he had not—I had mentioned their names to him, and supposed he might have gone there—next morning I found the prisoner at a lodging-house in Blue-court, Saffron-hill—he told me he was very sorry, that he had missed me, that he had brought the carpeting home there, and put it into an out-house, and that some one had broken it open during the night, and stolen the carpet—I said that would not do for me, and offered him a sovereign if he would get it for me—he said he knew nothing about it, but some person he knew in the house would make a search, and if I would call in the afternoon it might be found—I came out, got a policeman, and gave him into custody—this is the carpet and rug now produced—our ticket is on it, and it is in the same sort of bundle—I had no intention in giving it to him, but to carry it—I happened to walk rather in front of him, and so lost him—I had seen him about the street before, but did not know his name.
NOAH STONE . I am a policeman. I took the prisoner into custody on Sunday morning, the 8th of May, about twelve-o'clock, at No. 10, Blue-court, Saffron-hill—he said he was employed by Coxhead to carry this load to Union-street, that going along Union-street, he missed him, and had brought the bundle to his lodging for safety, that he had put it into an out-house in the back-yard, and it had been taken away—I searched the yard of that house, and two others, but found nothing there—I took the prisoner to the station, came back in about an hour and made further search, and found the property in the privy of the back-yard of No. 12—I had searched that place before, and it was not there then—the landlord of No. 10 was with me the first time—on the Saturday night, on which the carpet was lost, I had seen prisoner on Saffron-hill about a quarter to eleven, with this same load, resting it on the pavement—just before I got to him, some one assisted it on his shoulder—I asked him if he was going to carry it far—he said, "No, not far"—he carried it down Field-lane, which is quite away from his lodging, and while I went round my beat, he must have returned home again.
CAROLINE LOMAX . I am the wife of John Lomax, and live at No. 19, Little Saffron-hill; I have known the prisoner eight years. On Saturday night, between nine and ten o'clock, he came to my door with a bundle similar to that produced, and asked if I would let him leave it there—I said, "What is it?"—he said, "Never mind what it is"—he afterwards said he had picked it up in Whitechapel—I said I would not have it left there—he said if I would let him leave it, he would make me a present of the rug—I told him I did not want any present, to take it away, and he went away with it—he did not appear to be sober.
Prisoner's Defence. This man employed me to carry the carpet and rug to Blackfriars-road; when we got opposite the Cross Keys he wanted to go in and have some beer, but I would not till we got to Union-street; we went into a public-house there, and sat till we were very tipsy; when we came out, I missed him; he ought to have kept alongside of me; I went to London-bridge, and rested there about an hour looking for him, but I dared not leave the bundle for fear some one should take it—I put it on my back, and told another porter, "If you see a man inquiring about a carpet, send him to No. 10, Blue-court, Saffron-hill, to a person named Thomas Allen, who sells rabbits, and things about the streets;" I took the carpet to Mrs. Lomax; I certainly said I would make her a present of the rug if she would keep the carpet, for I did not know rightly where to take it, being tipsy; I took it down towards Field-lane, thinking to leave it at a station-house, or somewhere, but I turned back, took it to my own place, and put it in the stable; between one and two o'clock in the morning the stable was broken open, and it was taken away.
HENRY COXHEAD re-examined. I was not tipsy, nor was the prisoner—I gave the prisoner part of a pint of ale—I do not suppose he knew where I came from, but he knew where the carpet was to go to—when I gave it him to carry, I mentioned the name of the shop where I was going to, two or three times.
GUILTY. Aged. 44.—Recommended to mercy. — Confined Four Months.
OLD COURT.—Monday, May 16th, 1842.
Third Jury, before Edward Bullock, Esq.
GUILTY . Aged 23.— Transported for Seven Years.
1592. JOSEPH FIELD was indicted for stealing, on the 27th of April, 1 watch, value 4l. 10,s., and 1 watch-guard chain, value 4l. 5s., the goods of George Polson, in a vessel, upon the navigable river Thames; and WILLIAM JENKINS , for feloniously receiving the same, well knowing it to have been stolen.
GEORGE POLSON . I am master of the Isabella Sarah, lying off the Tower, in the river Thames. On Monday, the 27th of April, I went on board, and found Field there—he came to me on deck, and asked if I wanted a boy—I asked if he was ever bound apprentice to a ship—he said no, he had been in a billy-boy, and the owners had laid her up, and could do no more for him; he had been about several ships, but could get no employ—I asked if he had any clothes—he said none but what he stood up in—I said I could not take him because he had no clothes, for as soon as we fit a boy out with clothes he is in the habit of running away—he burst into tears then, and I took him out of compassion—I went ashore at nine o'clock next morning, returned at six in the evening, went into my cabin, found the door burst open, and the lock forced open with a marline spike
—I missed my silver watch and gold chain from my pillow—the prisoner had left the ship—I gave information, and on the next day, Thursday the policeman came to me—I went to Lambeth-street, and found him in custody—I have no doubt of him—the boat of the ship was taken away at the same time, and was found at Hungerford-market, with my name and the ship's name rubbed off, and about 3l. worth of paint-brushes, and other things, belonging to her—I saw the watch at the Thames police-office—this is it.
Field. I went to sleep on the deck; master had two men on board quite drunk.
ROBERT GEE . I am a policeman. On the Thursday morning, about Half-past eleven o'clock, I was in the shop of Mr. Horn, a watchmaker, of Ratcliff-highway, and the prisoner Jenkins came to the counter—Horn handed a gold chain to me, which I have produced, and said, in his presence, that Jenkins had got the gold chain for sale—I turned round, and asked him how he came by it—he said he had found it in Red Lionsquare, Horborn—I asked what he was doing there—he said he went for relief to get into Peckham workhouse, and that he found it the day before—I said I should take him to the station, and make inquiry—he then said, "It is no use; a lad is standing out side the door, and he gave it to me to go to sell it"—he described the lad to me—I searched him, and found four shilling and a halfpenny on him—he said the lad gave him 4s. 4d. to carry the watch to sell, and he had spent 3 1/2 d. of it—I took him to the Thames police—he was remanded for a week—I saw the two prisoners together on the Saturday at the Thames police, and asked Jenkins, in Field's presence, if that was the lad who gave him the chain to sell—he said, "Yes"—Field did not deny it—I said, "I thought you knew nothing about the watch'"—he said, "I do"—I said, "where did you pawn it?"—he said, "in Rosemary-lane, somewhere," and referred to field, who said, "Yes. "
THOMAS ARNOLD . I am a policeman. On Friday morning I apprehended Field in Mill-yard, Rosemary-lane—I asked him what ship he belonged to—he said he did not belong to a ship—he belonged to a billy-boy, and was paid off—I said I had suspicion that he belonged to a brig—he said he did not/emdah/I told him I wanted him, on suspicion of stealing a watch—he said he knew nothing about it—when he got to the station he said there was no good in denying it, and asked me where the other lad was—I asked what lad he meant—he said the lad who was taken into custody yesterday for selling the chain—I asked him how he knew he was taken into custody—he said he was outside waiting for him—he said he would take and show me where the watch was pawned—he took me to Cable-street, New-road, and as the pawnbroker had it in his hand, he said, "Give it me—I will see if that is the same watch or not"—the pawnbroker opened it—he pulled out a paper, and said, "This is the watch, I know"—I found two half-crowns, a few halfpence, and two watch-keys, on him, one of which the prosecutor claims.
Field's Defence. I went to sleep on the deck about one o'clock in the morning; the captairr said there was two men half-drunk; he took them ashore with him, and next day I went ashore at dinner-time; I did not
like the captain, and did not see him any more; I saw this boy; he said I was not to say any thing about the watch.
Jenkins's Defence. On Thursday morning, about ten o'clock, I was waiting at the Three Crowns, London Docks; Field came and called me two or three times; I went to him at last; he said, "Will you go and sell a watch and chain?" I said, "Yes," and went and pawned the watch for 1l.; I did not know whether he had stolen them or not; he afterwards said, "Come down the Highway," which I did, and he sent me to sell the chain.
FIELD— GUILTY . Aged 14.— Transported for Ten Years.
JENKINS— GUILTY . Aged 21.— Confined Six Months.
Before Mr. Recorder.
1593. WILLIAM CLARK was indicted for breaking and entering the dwelling-house of Robert Sutherland, on the 8th of March, and stealing therein, 1 writing-case, value 1l. 10s.; and 210l. Bank notes; his property: and WILLIAM CLARK the younger, for receiving 110l. Bank note, part of the same, well knowing it to have been stolen.—Other COUNTS, varying the manner of laying the charge.
MESSRS. PRENDERGAST and PAYNE conducted the Prosecution.
ROBERT SUTHERLAND . Previous to and on the 8th of March I was a prisoner in the Fleet. the elder prisoner lived in the room exactly opposite to roe—the other prisoner is his son—the elder prisoner was in the habit of coming into my room frequently—his room is what is called a whistling-shop, where people can get any thing to drink, a sort of canteen, and where now and then you can dine, to save the trouble of employing servants about the place—my room is No. 10, in the Coffee-gallery—I hired the room of Mr. Shepherd, one of the turnkeys—I was the sole occupier of it—previous to this Clark had a piano-forte standing in my room, and other things, and from his coming there he had the opportunity of seeing the position of different articles in my room—no other person had the same kind of general access to my room—a few days before the 8th of March I lent him a couple of sovereigns, which he paid me again—on the 8th of March I left my room, about a quarter after nine o'clock at night, and locked it—it was considerably after the prison gates had been closed for the night—about a week or ten days before the robbery I was in the prisoner's room, and heard him and another man conversing about cashing bills, and I accidentally said to the prisoner, "Why, if I had known you cashed bills, I should have got a bill cashed some time ago, which I have had done since I have been here"—he asked me the amount—I said 66l.—I then asked him what per centage he asked—he said 50 per cent.—I said I had had mine done for the regular per centage—when I left my room on the 8th of March I left a leather coat-bag and my writing-desk on the portmanteau in the room—there was a small German clock—the writing-case contained two 10l. notes, and other things much more valuable to me than money, documents, securities, and correspondence—I locked the padlock of my door, and put the key into my pocket—there was no other lock to the door—I went along the Coffee-gallery, up the stairs leading from the Coffeegallery—as I was going up I met the elder prisoner at the bottom of the stairs leading to the upper gallery, with a bason of sugar in his hand—I was leaning over the gallery, and he came up, with, I believe, one foot on
the stairs, going to ascend—we entered into conversation there—he informed me he was taking it to No. 11, in the top—meaning the other gallery—he asked where I was going—I replied, to the room of an acquaintance in the next gallery—he inquired bow long I should be—I said about halfan-hour—this at the time made no impression on me, as he kept a whistlingshop, and people sometimes assembled there, I thought be might wish me to go into his room, or something—I then proceeded to my friend's room—I do not swear positively, but my impression is, that instead of going up stairs, he went back—when I left my own room his room Was wide open, and there appeared nobody in it—the candles were lighted, and nobody else in the gallery at the time but him and me, which is a very rare occurrence—my impression is there was nobody in his room—it is possible somebody might be in a corner without my seeing them—I suppose it is not above fifty or sixty yards from the prisoner's room, No. 3, to the staircase where I met him—I returned in about three quarters of an hour—I should say it was about ten o'clock, and found the padlock and staple wrenched off my door, and on entering the room, and lighting a candle, I found my writing-case gone—I looked for the padlock and staple, and they were gone also—none of the contents of the writing-case were left behind—the clock was not taken—I had seen the two 10l. notes safe in the writingcase that very morning—it was impossible I could have opened the cast without seeing them—by a memorandum which I made I am able to speak to the notes I lost—I had a recollection in my mind of the notes—I would not even trust to myself, but next morning I sent about them—I know I had three 10l. notes of a certain number—I know the numbers and dates from the note I gave away—I know it to be "No. 3," the other two consequently must be "Nos. 4, and 5," that were stolen—I have no memorandum made before they were lost—I made this memorandum myself merely to bring down here—the three notes had been brought me by my sister with other money—I had had the notes in my possession from about the 23rd of February—I cannot tell the numbers from my memory—I bad frequently seen them—I cannot tell the numbers from my memory—my memory in numbers always fails me—I know the one I gave my sister was "No. 81, 303," dated the 10th of December, I think 1841—the other numbers must have been "4, and 5," as they were consecutive.
COURT. Q. How do you know they were not "Nos. 1, 2, and 3" instead of "Nos. 4, and 5," had you seen them and recollected three was the earliest number? A. Yes.
MR. PAYNE. Q. When you found the state of your premises, and your writing-case gone, what did you do? A. I went to the turnkey and reported it, and it was cried—I immediately went back to Clark's room, and met Mrs. Clark—I did not see him himself till the search began, to the best of my recollection—he was present when a proposal was made to make a general search—some gentlemen offered to throw open their rooms to have a search—a man named Parker, who bad a room two rooms from mine, threw open his room and offered to have it searched—Mr. Clark said, "I think you are rather premature Mr. Parker," or something conveying that meaning—Clark's room was not searched that night—I forget whether or not I saw him again that night—if I did nothing particular passed—Clark was as busy as any body, bustling about to see if he could find the things—I saw him next day—I was present when the search was made by Roe the City officer, and saw a coat found which I know I had seen on Mr. Clark.
Cross-examined by MR. CLARKSON. Q. Did he appear to be active in trying to find out who had done this? A. Yes, and I had not the slightest suspicion of him—I was quite disappointed when I found the note had been traced to him—I never offered to bet ten to one that I would convict him—several attempts were made to induce me to make the bet, but of course if I did I could not appear here—I mean to swear I did not make or offer such a bet—as to offering, no bet is concluded till you say "done and done"—I will positively swear I never made any bet—I might have said if I could be justified in betting—I never said, if I could be justified in betting, I would bet ten to one that the prisoner would be convicted, and nothing to that effect—I swear I never mentioned ten to one—the opposition I have met with from all these persons is great—I have no recollection of any thing of the kind—I recollect something occurring between me and Major Widdy.
Q. Did you say to Major Widdy that if he wanted to make a bet you would take it? A. I never mentioned ten to one to him, nor to any body else—I have not the slightest recollection of it—I can swear that I never made the bet—so far from having any vindictive feelings, I have done all I could—I swear positively I have not the slightest recollection of the offer of betting ten to one—I never said to anybody if I convicted Clark I would stand a dinner, and as much champaigne as we all could drink—so far from acting in that way I should turn with sorrow and pity towards the unfortunate man—I got the notes from my sister's hand—not from Mr. Bishop—they were received on a cheque of Mr. Bishop's—I did not send down to the country to ascertain the numbers and dates of the notes—I sent down to Gosling's bank the next morning, because I had no clear recollection of the numbers in my mind—it was to confirm my opinion, and the numbers did confirm it.
MR. PRENDERGAST. Q. In the course of some conversation you may have said to some persons, there was a probability it was ten to one, he would be convicted? A. I never said any such thing—I have said the probabilities were against the man, but I do not recollect the expression ten to one at all, in fact there is no such person as Major Widdy, I know a person by that name, but he is not an officer—I became acquainted with him in the Fleet—I never recollect any particular conversation with him on the subject—on the contrary, I always avoided any conversation with him—I am not on intimate terms with him or any body there—I was merely acquainted with him—I have dined a few times in his room—I know Gillen, his real name is Kerr I understand—I had a perfect recollection of the numbers of the notes without sending to Gosling's, and have so now—my only doubt was in tracing the notes—I was anxious to identify the one I had given my sister—I was uncertain which of the three I had given her—I am now certain of that—it has the name of Watkins on it—I am now able to speak to my knowledge which are the two notes I had, and the one my sister had—I do not speak from inquiry I have made since, but from the knowledge I had—my sister came to see me, and I gave her the note—I can say decidedly that the note I gave her was the first "No. 81, 303"—I took that note off, and gave it her—I recollect it because I had some 5l. notes, and it was necessary to remove the 5l. to get to the first 10l. note—I know the uppermost note was that number, because I saw the numbers were "3, 4, and 5."
Q. How came you to say you had a doubt which note you gave your sister? A. The fact is, I was convinced of it, but I am one of those people who have a doubt of every thing, till I have every necessary proof to confirm me—I did not trust my memory on a matter of figures.
JURY. Q. Are not visitors sometimes in the prison all night, being too late for the hour of shutting up? A. Not that I know of—it has never occurred to people coming to me—if people are after the time they would be locked up.
COURT. Q. Did you send to Gosling's the day after the robbery, and before there was any suggestion that the prisoner was mixed up in this transaction? A. Long before—the fact is, my suspicion was entirely on another man.
THOMAS HAWKER . I am a tailor. I was in the Fleetprison on the 8th of March, between nine and ten o'clock in the evening—I bad received some articles of wearing apparel to repair for Mr. Sutherland—it was near or quite ten o'clock when I took the pair of trowsers up to Mr. Sutherland's door—his room-door was open when I went into it—he had a long hasp to the door—as I pulled the door, the hasp hung down—there was no padlock on it—it was open about this far—when I hit the door to knock at it, it went open—I rapped two or three times, and it came open—nobody came to the door—I went immediately to the opposite side, to Clark's door, knocked there, and saw Mrs. Clark—I asked if Captain Sutherland was there—I observed nothing particular in Clark's room, or about Mrs. Clark—I did not enter Mr. Sutherland's room, or open the door wider than to ascertain that it was open—Mrs. Clark said I could leave the trowsers there, but I did not—I went to the coffee-room, to see if he was there, but did not find him—I was an inmate of the prison.
Cross-examined by MR. BODKIN. Q. How long had you been there? A. Twelve months—I lent some money on a deed in Chancery, to Sir Paul Baggot's son, and was obliged to go through the Insolvent Court at last—I was not remanded—it is six weeks since I went before the Insolvent Court, the first time—I was taken up one week, and something was omitted in my schedule—I remained in prison twelve months before I went before the Court—my son slept in the prison that night—he is rather more than sixteen—my youngest boy, who is thirteen, slept at his grandmother's, out of the prison—I heard that the prosecutor charged me with having had something to do with robbing him—he denied it to me—I went next morning with the trowsers, and kicked up a great row about it, but he denied it to me—I had heard of it in the lobby—Mr. Ellis, in the lobby, said, "There has been something said about you, I would go up to the room, if I was you, and inquire whether it is you or not"—I went through the Insolvent Court a fortnight after this, and left the prison three days after—I live at Hand-court, and carry on business there—it is allowed by the regulations of the prison, that sons of prisoners may remain there all night—he works at my trade with me.
MR. PRENDERGAST. Q. Did you see the younger prisoner there that night at all? A. I was in the habit of seeing him every day—I cannot say I saw him that night—there were people in Clark's room—Mrs. Clark opened the door a little way—I could see people sit there—I knew one person, but I cannot call him to mind at this moment—she did not open the door quite wide—I did not put my head in—it was enough to answer my inquiries.
THOMAS PARK . On the 8th of March last I occupied the room no. 13, or 14, I am not quite certain which, in the Coffee-gallery of the Fleetprison—my room was three doors from the prosecutor's—his room is no. 10, Carter's no. 11, and then No. 12,—I was there only two or three nights—there were two rooms between mine and Mr. Sutherland's—it is the door on this side of what is called the watch—it opens into the Coffee-gallery—I heard an alarm that Mr. Sutherland had been robbed—there was a noise made in the passage—I came out to see what it was—I was walking about the gallery some time—the prisoner was there—somebody, I cannot say who, made the proposal to search the premises—it was mentioned by some person.
COURT. Q. A proposal was made to search the rooms? A. Yes, to make an immediate search—it might have been Clark that made the observation, for what I know—I do not know whether it was—I do not know who it was—I threw my door open, and said, "Gentlemen, you bad better begin here, you have plenty of light—commence here, if you please"—Clark then said, "You are rather premature," or "too forward"—he said nothing else—the search was abandoned altogether—I heard nothing of searching after that—I retired—be did not say why it was premature.
Cross-examined by MR. CLARKSON. Q. Did Ellis, the turnkey, say, "Why, if you begin to search to night, it will last till eight o'clock tomorrow morning?" A. No, I did not hear that—I have never heard any wager offered by Captain Sutherland about the result of this case—I never heard any thing about ten to one, or about a wager at all, or about a dinner.
CHARLES BAWTREE . I am a clerk in the Accountant's office of the Bank of England. I produce a 10l. note, No. 81, 304, which was paid in on the 21st of March, and No. 81, 303 on the 11th of March—Roe, the officer, has the note No. 81, 305.
HARRIET SUTHERLAND . I am the prosecutor's sister. I received a 10l. note from him in March last—I sent it by my servant, Ann M'Nire, to be changed in my neighbourhood—it was two or three days after I received it from my brother—I think I received it the day 1 handed him the money—I handed him some notes, and then received one back from him.
Cross-examined by'MR. CLARKSON. Q. Where was it your brother gave it you? A. In the Fleet, at the same time—I handed it to him before I left him—I took leave of him, and he gave me the 10l. note—the money was not on a table, it was placed in his desk—I spent the day with him—there were other notes there at the time, which I had handed him—he got a 63l. bill cashed hrough a friend of mine—I swear it was the same day that I handed him the money, that he handed me the note—I did not put any mark on it—I gave it to my servant two or three days after.
ANN M'NIRE . I am servant to Miss Sutherland. I received a note from her—I took it to Mr. Watkins, a publican, in Marylebone, and gave it to Miss Watkins, who changed it—I did not take notice of it, but am quite sure I gave her the note I received from mistress.
SUSANNAH WATKINS . I live in Marylebone-street. I changed a 10l. note brought by M'Nire—I did not write on it—I took it to Mrs. Odell, who keeps a milk-shop, to cash it—she wrote on it—she brought the inkstand for me to write on it, but I could not wait to write—I got the change from her, which I gave to M'Nire—I gave Mrs. Odell the note I received from M'Nire.
ANN ODELL . I keep a milk-shop in Marylebone-street Miss Watkins brought me a 10l. note, which I changed for her, and wrote on it—this (No. 81, 303) is the note—I have written "Watkins" on it—I cannot say on what day I received it.
PHILIP ROSE . I am assistant to Mr. King, of Holborn. On the 14th of March I took a coat in pledge—it was a large coat—I think they call it a Chesterfield wrapper—it is not the sort of coat we commonly have in pawn—I cannot tell who brought it—it was pawned for 1l. 10s.—the sum demanded was either 3l. or 3l. 10s.—in consequence of which I was induced to look at it particularly—I looked at it for perhaps ten minutes before I gave the person the money—I do not remember its being taken out of pawn.
Cross-examined by MR. BODKIN. Q. Is yours a house of a good deal of business? A. Moderate—we take in a great many pledges in the course of a day, and give out a good many—I believe the coat is made of what they term "beaver"—I have no idea what it cost—I should suppose 4l. 10s. or 5l.—it had been worn—it was rather more than a fortnight after that I saw a coat produced by Roe—I saw William Clark, Jun. before the Magistrate—I was asked if he was the person who pawned the coat, and said not.
MR. PRENDERGAST. Q. Did you ever have such a coat as that in pawn before? A. No, I have both the duplicates here—(read)—"James Broad, 1l. 10s., 26, Southampton-row. "
JAMES ALDRIDGE . I am in the employ of Mr. King, of Holborn. On the 18th March, I delivered out a coat in return for this duplicate, and received the 10/. note produced for it—I know it by my own handwriting on it, "Mr. King, 34, High Holborn"—here are three other names on it—at the time I received it there was "James Blewett, Southampton-row," on it, and I asked the person what his name was—I thought he said it was on the back of the note, but it was on the front—I looked, and there was that name and address on it—there is a number, but there is ink over it—my attention was called to that particular name, as it was the same direction as was on the ticket, but not the same name—the No. under the blot is something like "26"—I believe the younger prisoner to be the person who redeemed the coat—Roe made enquiry of me about this, and I gave him a description of the person who paid me the note—I went with him to St. Paul's Churchyard, and there saw the younger prisoner, and thought he was the person.
Cross-examined by MR. CLARKSON. Q. Was you pointed out the younger prisoner sitting at a desk writing by himself, by Roe? A. No, Roe went in and spoke to him—he was standing—it was agreed I should look at the person he spoke to—I will not swear he is the person.
MR. PRENDERGAST. Q. What is your belief? A. I believe he is the person—I did not notice his dress—I beard his voice in the shop—there was nothing in his voice that reminded me of the person—I believe it to be him from his person, his general appearance—it was a person of that age.
JOHN ROE . I am an officer of the Mansion-house. On the 1st of April, I searched the room, No. 3, in the Coffee Gallery of the Fleet-prison, and then No. 13, in the third gallery—Captain Sutherland was with me when I searched no. 13, also Rose, the pawnbroker, and the elder prisoner—it was his room—he took me into his room, and unlocked the door—it was a bed-room
—I searched a trunk there containing wearing apparel, and found the coat I have produced at the bottom of the trunk, with other clothes—Rose saw it—I merely held it up—he nodded his head and said, "That is it"—I said to the elder prisoner, "This coat has been fetched out of pledge with one of the stolen notes"—he said, "That must be a mistake, for it has not been out of my possession since term, or the end of term," I am not certain which—I had traced the note to King's shop—a bank clerk had produced it with King's name on it—I afterwards went to St. Paul's Churchyard with Aldridge—I had received a description of the person who had taken the coat out of pawn—I saw the younger prisoner there—Aldridge did not recognise him at the time, not in the shop—when he came out I asked him if the person I had been talking to was the person—that was in the prisoner's absence—I went there in consequence of the description I received—Rose also gave me a description of the coat, which tallied exactly with the coat produced.
Q. Did the description of the person who had paid the note, tally with the person you saw in St. Paul's Church-yard? A. It did certainly io the age.
Cross-examined by MR. BODKIN. Q. Did you trace the other 10l. note that was stolen? A. Yes, to a Mr. Barnett, of Oxford-street, who was examined before the Magistrate, and saw the younger prisoner—he is here—I found the younger prisoner at the house of Messrs. Smith and Co., St. Paul's Churchyard, where he is employed—he produced witnesses from that house before the Magistrate, and was allowed to go at large without entering into his own recognizances—he has come here voluntarily to be tried.
Cross-examined. Q. I believe the elder prisoner assisted in the search to endeavour to find out who committed the robbery? A. I believe he did.
JOHN WHISKIN BARNETT (examined by MR. BODKIN.) I am a stationer and a patent medicine warehouseman, in Oxford-street. One of the 10l. notes was traced to me—a young man bought some medicine, and I gave him change—I saw the younger prisoner before the Magistrate—he is not the person.
COURT. Q. Did you put any name on the note? A. My own name—I did not take the name of the person who gave it to me—he was rather taller than the prisoner, and between eighteen and twenty, I should think—he was about the same complexion and colour of hair as the prisoner—he was decidedly taller—I should say there is not much resemblance to the prisoner in his person.
PHILIP ROSE re-examined. (Examining the coat.)—This is the coat I took into pledge—I am quite confident of it, from its make and general appearance—it is partly faced with velvet, lined throughout with silk, and quilted—I never took one in like it—the colour of the velvet and cloth, and the nature of the lining and the size, are exactly the same as the
one I took in; also the breadth and depth of the velvet—it is the usual quality of silk velvet—I paid particular attention to the quality of the various materials.
JOHN ROE re-examined. I asked the younger prisoner if he was the person who took the coat out of pawn—he said, "No"—he asked who I was—I said I was an officer of the Mansion House—he said well, then, he should not say anything more—as soon as I left him he went down to the Fleet.
Cross-examined by MR. BODKIN. Q. Did you go to the Fleet with him? A. I followed him down, and entered at the same time as him—he did not see me—I found among the prisoner's property duplicate of articles pawned.
(Evidence for the Defence,)
ELIZA MARSH . I am in the employ of Messrs. Smith and Co., of St. Paul's Churchyard—I have been there seventeen years—the younger prisoner has been in the house about six years—I remember the 18th of March—I saw him there at breakfast-time that morning, and engaged there daring that day, attending to the entry of goods—he was there during the whole day—I can answer for him till six o'clock, tea time—he remained there from breakfast till tea time—we have a porter named H ami man, who was sent out with goods that day—about one o'clock I saw Clark give him several parcels to take to the West-end of the town, and 1s. to pay for his dinner—it was just before dinner time, which is usually one o'clock, but we did not dine that day till near two, and Clark dined with us.
Q. Was there anything particular that attracted your attention to that day? A. Several things, since I have referred to the book—one was Mrs. Shaw, a customer, who was there along time in the morning, and he assisted a good deal in serving her—she came about ten in the morning, and remained very likely two hours, till near twelve—I remember the goods she bought—Mr. Clark gave them down at the counter to the clerk—it was a considerably larger order than usual for her.
MR. PRENDERGAST. Q. Where was he employed? A. In the ware-house, and I am generally there—I am not often in the show-room—I am sometimes—I am occasionally, and was there very likely on the 15th—I am usually in the warehouse—we deal with ladies, and show them goods—I must have passed through the show-room, and might stay some time—I do not recollect being there with customers on the 15th—I cannot say whether I was there on the 16th—I was not there on the 18th to stay—Mrs. Shaw was in the lower warehouse, and not in the show-room at all I am quite sure—she bought straw of various kinds, feathers, and flowers—ladies might have called that morning, but I did not attend to them—I did not go into the show-room to stay, nor to serve anybody—I passed through it to go up and down, that was all—I did not serve any one there—I remember that, for I was with Mrs. Shaw all that time, and after that we had French goods in, which required marking off, which we always do in the lower warehouse—that kept me down stairs the whole day—Mrs. Shaw left about twelve—it might have been five minutes before—I did not look at the clock, but I know she wished the goods sent home immediately, and they were sent about one—they had to be entered—I was in the warehouse sorting flowers all the time till she came—we had a quantity of new ones to sort that morning—I took what I required and put into the boxes—I sorted some the next day, the 19th—I began sorting about half-past eight
on Friday morning—Clark was engaged at that with me—the French goods were silks, ribbons, and blondes—Mr. Clark and I are always in the lower warehouse together—our departments are joined—the books are here—here is the entry of Mrs. Shaw's goods—she lives in Leonard-street, and here is an entry to Mrs. Male, of Portsea—the prisoner assisted me in getting down goods once or twice for Mrs. Shaw, and showing feathers which were not marked—the porter was not there—when he is at home he is employed in the cellar, cleaning knives and shoes—there are other persons in the warehouse occasionally—Mr. Ledger and Mr. Marks, the clerk, and Mr. Smith's son—Ledger attends to the straw goods up stairs, and is not often in the lower warehouse—Miss M'donald was there that morning—she generally attends to the ladies who go up stairs—she is in the warehouse, but takes them up as they come—she was not present all the time Mrs. Shaw was there—Marks and Mr. Smith's son were there—Mr. Goodyer was there, but not all the time, as he had to go up stairs with gentlemen when they came—I know Clark was not out of the premises from ten to six, for we dined together.
MR. DOANE. Q. Are there a great number of items entered under Mrs. Shaw's name in the book? A. Yes, on the 18th, in Mr. Marks' handwriting—I saw it made at the time—I was in the warehouse—Mr. Clark gave the goods down as I told him—the prisoner called the goods over to be entered—there are nearly forty items—I did not lose sight of Clark between Mrs. Shaw leaving and our dining together—I was examined before the Justice—I have not been subpoenaed here—we have several porters—the prisoner lives in the house.
MR. PRENDERGAST. Q. Do you know where he slept on the 8th of March? A. At our house—he always sleeps there except on Saturday, when he generally goes home.
COURT. Q. What time does he come in at night? A. If he goes out he comes in about half-past ten—if we are very busy he cannot go out at all—if he went out he might go about eight—the shop is shut up sometimes at eight, sometimes not till ten—he is not much out—the hour for coming in is half-past ten—he seldom varied from that time—we do not finish business till ten sometimes, and at times not till twelve—he could have no business at the Fleet on the 8th of March till half-past nine at night—he would be wanted on the premises—I cannot be positive where he was after six on the 18th, as I was a good deal up stairs in the evening, but I do not remember his going out at all—he was at supper with us, and in the warehouse between seven and eight—we sup about ten—I remember well seeing him in the warehouse between six and seven—I did not come down stairs till about that time—I was several times up stairs and down between that and nine, and did not see him out—I remember the circumstances of the day well—we were very busy that evening, and he could not be out and not be missed—we were still busy on the 19th.
ELIZA MARSH re-examined. Q. When did you first hear a loss had occurred in the Fleet prison? A. I do not know—Clark named it—I think it must have been after the 18th, but cannot tell—he came and told Mr. Smith—I heard it from Mr. Smith—I do not know when.
been so many years—I am preparer of whalebone, and occasionally act as porter—I remember on the 18th of March being at work in the whaleboneroom, and was called by the younger prisoner about twelve o'clock—he was in the shop—when I came down, Thomas, the regular porter, was out, and Clark gave me some goods to take out—I went to several places—I returned just before one and found Clark there, and Miss Marsh—Clark said he wanted me to go to the west end of the town—I was not in the habit of going westward—I usually dine at one—I said I had better get my dinner first—he said he could not let me go to dinner then, because the things were wanted, I must go, and he gave me 1s. to buy my dinner on the road—I got the goods ready, and started about a quarter-past one—I left him and Miss Marsh in the warehouse—I returned just before six, and then he and Miss Marsh were at tea up stairs.
MR. PAYNE. Q. Who looked out the things you took to the west end? A. I do not know—I and Clark packed them up—it was very unusual to have 1s. for my dinner—I do not think it ever happened before—I have been there nearly nine years—there are two other porters—Hancock was out—he is the man who generally goes to the west—Craig, the other porter, came in while I was getting the goods ready.
COURT. Q. Where did you go? A. First to Pyer's-buildings, Holborn—I received 55. there; then to Saxby's, Princes-street, Leicester-square; and next to Miss Clapham, New Bond-street—I left goods at all those places—I was sent out on account of their being very busy that day—I did not go on any errand besides carrying goods out.
GEORGE CRAIG . I am porter to Smith and Co., and have been so three or four years on and off. On the 18th of March, about one o'clock in the day, I was going out to dinner, and was called back by young Mr. Clark, to go to three places with goods—by the time I had gathered them in my basket it was half-past one—Mr. Clark packed up the parcels—Miss Marsh was in the shop at the time—I went to Bucklersbury, then to Leonard-street, Shoreditch, then to Barnsbury-park, Islington—I returned about five—Mr. Clark was there then—I had gone there about half-past seven in the morning, and was employed on the premises from a quarter past nine till I went out, cleaning knives in the cellar—I occasionally came up, and when I did Mr. Clark was always there—it was a remarkable day to me as it was the birth-day of my first child.
MR. PRENDERGAST. Q. Where was Hancock when you first went out? A. He might be below in the cellar—I had been out, I believe, somewhere before one with a small parcel, perhaps next door, or into Ludgatehill, but I cannot say exactly that I had been out—I go to the west end of the town sometimes—the porters sometimes go all ways—there is not one for the west and another for the City, we change about—Mr. Clark sends porters where he thinks fit—when I am out I cannot tell which way another goes—Mr. Clark takes his meals in the house, sometimes in the kitchen—I cannot exactly say which room he dines in—Miss Marsh has her meals at times in the parlour and sometimes in the kitchen, wherever it is convenient—I cannot say whether they have their meals together—when busy they are obliged to have it as they can—one may relieve the other, or they may go up together, I cannot say—sometimes Mr. Smith dines in one place and sometimes in another.
MR. CLARKSON. Q. You do not dine with them? A. No, nor in the house at all—Harniman is a whalebone-man, not a regular porter.
CHARLES MARKS . I have been subpoenaed on the part of the prosecution. I am clerk to Messrs. Smith and Co.—the principal part of the entries on the 18th of March in this book are my writing—they were correctly made on the day the business was done—here is an entry to Mrs. Shaw, made by myself, this was made about the middle of the day—the goods are entered after they are selected—the prisoner Clark called them over to me—(I have several entries after 1 o'clock)—there are entries to several places at the west end of the town before Mrs. Shaw's—I recollect the prisoner calling the goods over to me—I had my eye on him the whole time—he was not absent about the middle of the day at all.
Q. Was he absent before or after two o'clock? A. I should say not, not till towards evening, then I cannot say well—I think he could not have been absent sufficient time to go to High Holborn and back without my missing him.
COURT. Q. If he went in an omnibus, how long would it take to go and return? A. I should say half an hour at least—no. 34 is about Middle-row, I believe.
MR. CLARKSON. Q. Have you endeavoured to call back to your recollection what occurred that day? A. I recollect these goods for Mrs. Shaw were particularly wanted, and we were very busy—if the prisoner had been away a quarter of an hour I think it would have been observed and complained of—I do not believe he left at all—I do not think I was absent from the warehouse from nine in the morning till night, except going up stairs to dinner, about half-past one—I am sometimes five or seven minutes at dinner.
MR. PRENDERGAST. Q. Where did you dine? A. On the second floor, where it was set out for the family—we sometimes dine in the parlour, sometimes in the kitchen—there were others to mind the warehouse while I was at dinner—there was Miss Marsh—the impression on my mind is she was down while I was up at dinner, but I cannot say positively—we seldom dine together—some are obliged to attend to business while others dine.
MR. CLARKSON. Q. You recollect being very busy that day? A. Yes, we cannot always dine at the same time, nor in the same place—I am often called down two or three times while at dinner.
COURT. Q. Do you sleep in the house? A. no. I cannot charge my memory whether I saw Clark on the evening of the 8th of March from eight to ten o'clock—I do not know whether Clark, senior, has any other son.
THOMAS FALL COOK . I carry on business as a tailor, in Giltspur-street. I was in the Fleet prison on the 16th of March—I was in the elder prisoner Clark's room this day (it was the day before St. Patrick's day)—there was a clergyman named Clark confined there—I received directions from him about making a coat—the make and style of the coat was talked over in the prisoner's room—a coat of the prisoner's was mentioned, and young M'Donald was sent for it—he brought it down—it was like the coat produced, the same colour, and it was precisely the same make, I should say.
MR. PRENDERGAST. Q. What day was this? A. Wednesday; the day previous to St. Patrick's—I know that in consequence of a Mr. French giving Mr. Clark orders for the Olympic Theatre, and I at the same time was offered orders for my family, which I did not accept—the orders were for Thursday night—Clark desired the coat to be fetched down for the clergyman to look at the make of it—he wanted a loose coat—the prisoner
said, "Have a coat made like mine, I will send for it"—I did not make the coat—I have made many of the colour—I cannot undertake to say they were like it in every respect—the clergyman wanted a dark mixture.
Q. He did not want it for the House of Commons? A. I believe he was going in a day or two on a trial—he said he was going to the courts—he did not want one of this colour—I have not made him a coat—I believe it depended on some remittance from the country—I took his measure that afternoon—I believe Heft the prison on the 25th—I have not spoken to him about it since—I have still the order on hand—he went up to the court without the coat—I heard so from him—he has been called "Parson Clark," but I never heard him called so to his face.
COURT. Q. You understood the coat was to use outside the prison? A. Yes, he was going to the Court of Chancery, or somewhere on a trial—it was not to wear in prison—he expected to be released immediately.
JAMES CLARK . I am a private gentleman, and not in the Church. I was brought up to the Church, but was never ordained—I was in the Fleet prison, not for debt, but for contempt of the Court of Chancery I remain there—and have come here by habeas, at the instance of both parties—I believe in March last I had some conversation with. Cook about a coat—I cannot speak particularly as to the day—Cook and the prisoner Clark, son., and another, came into my room when I was in bed, and asked me if I recollected this—I could not recollect the precise date, but I have since thought it was the week previous to the 21st of March—a coat was produced for my inspection in the presence of Cook—it was fetched, down by Clark's order into no. 3, Coffee-gallery—it was a coat similar to the one produced in colour—I can say nothing about the make—I saw it was what is commonly termed, I believe, a Taglioni—there was velvet about it and a silk lining—I particularly recollect noticing the velvet, because I said I should not require it—I think it was the middle of, the week, and not so late as the 18th, because on the Tuesday a gentleman called on me from Yorkshire—I handed over to him a particular document which I was to receive on Friday, but did not, and I am certain it was previous to the Friday—I cannot be certain it was the 16th, but am convinced in my own mind it was—I am sure it was before the Friday.
COURT. Q. If it was in that week at all? A. I think it was is that week, because I know I was about giving Cook an order for the cost, which I wanted against the 21st, when I was going up to the Court of Chancery—I think it was a fortnight before that I spoke to Cook, but the impression on my mind is, the coat was shown to me in the week previous to the 21st.
MR. PRENDERGAST. Q. Have you ever performed any clerical duties? A. no. I never said I was a clergyman—I live on my income—I was educated at the University—I have not applied for orders-4 believe I shall have the next presentation to a living, at least I am promised it—I certainly think the coat was shown to me that week—I will not say more—it is my firm conviction, but I will not swear positively.
COURT. Q. Do you recollect hearing in the prison of a supposed lose of money? A. Yes, it was about a week after that.
ALEXANDER M'DONALD . I am step-son to the elder prisoner. I was sent for the coat—Thomas Cook and Mr. Clark, the clergyman, were. in the room at the time, and Mr. Boon—Mr. Clark is usually called a clergyman
in the Fleet—it was on the 16th of March—I know that on account of coming in to Captain French for an order for the Olympic theatre—I fetched the coat, and believe the one produced to be it—Captain French gave mean order for the 17th, but it being Miss Mitchell's benefit, the order was refused—I did not keep It—I went for the coat the day before I went to the theatre—I got another order from Captain French, and went with it.
MR. PAYNE. Q. How came you in the Fleet? A. I came for the order for the Olympic—I came in to see Mr. Clark—he was to get me the order—I had been there about an hour when I was sent for the coat—I got it from no. 13, in the 3rd gallery—my mother, who was there, gave it to me from a box in the bed-room—I threw it on the table—Mr. Clark took it up, and showed it to the gentleman, and put it on the back of a chair—about an hour or two after he told me to take it up again, which I did—Mrs. Clark was there till I took it back—it was about twelve o'clock when I went up for it—I went to the Olympic on the 18th—that was the only time I went—that is the way I know that it was on the 16th—I did not at that time go to Mr. Clark's more than once or twice a week—I live with my sisters, no. 4, Bedford-row East, Old Kent-road—they are no business—they are Mrs. Clark's children, and live on their money.
Q. What makes you recollect fetching the coat the day before you went to the Olympic? A. My coming for the order—I mentioned about this six or seven weeks ago to Mr. Clark—I was not asked about it—I was not examined before the Justice.
COURT. Q. Did you on any subsequent occasion see the coat produced at the Fleet? A. No, I am sure I have not seen it since the 18th—I had seen it before the 16th—in February, I believe, but not since—I was not at the Fleet on the 8th of March, when the money was lost—I was there the next day.
WILLIAM L. FRENCH . I have been in the army, but have left the service. I was confined in the Fleet in March. I remember M'Donald's father applying to me for orders for the Olympic—I gave one on the 16th for the 17th, St. Patrick's day—I was not then aware it was a benefit night—on the following evening, I went into Clark's room about eight o'clock, and learnt by the ladies having returned, that the order was not admitted on account of it being Miss Mitchell's benefit—I gave another order for the 18th—that enables me to be certain of the 16th being the day, having applied to the books of the theatre on that occasion—M'Donald was there on the 16th.
COURT. Q. You know nothing of the coat being produced? A. I saw a coat produced in Mr. Clark's room on the 16th—I cannot say who was present, nor what sort of a coat it was—I will not swear whether it was the one produced or not, as I did not look at it—Mr. Clark said, "I will show you a coat, I recommend one of you to have something made from as a pattern"—it being so long back, I cannot say who "one of you" was—I cannot swear any one was present but Mr. Clark and M'Donald—I cannot say whether the younger prisoner was present—there were two besides—I cannot say whether Cook, the tailor, and James Clark were there, my memory does not serve me—I have had a great deal to do with the Olympic—I have the power of giving orders.
MR. PAYNE. Q. Are you in the Fleet still? A. I am—I was very often in Clark's room at that time—I have often given orders for the
Olympic, but not to his friends, I will swear—I will not swear I never gave another order in his room but I know this was on the 16th, because it was a private box order, which I did not often give, and St. Patrick's-day is a clue to my recollection—I knew some time before that Miss Mitchell was to take her benefit on St. Patrick's-day, and when they came back, I said, "God bless my soul, I forgot it was St. Patrick's-day, or I would not have given you the order, I should have known it was Miss Mitchell's benefit"—I was not called before the Justice.
COURT. Q. Did you ever give Cook an order? A. I think I have—I remember offering him orders that day to the boxes—it was quite a distinct order.
JOHN BOOTH . I am a prisoner in the Fleet. I came in on Monday, the 14th of March. On Wednesday, the 16th, I saw Mr. French and M'Donald together, and the elder prisoner was in the room, no. 3, Coffeegallery—I saw French give young M'Donald an order for the Olympic—I saw a very handsome brown coat in the room that day—I can swear it was the coat produced, by one defect in it—here it is—it exposes part of the red padding.
MR. PRENDERGAST. Q. Are you a tailor? A. No, a commission agent—I can swear to the coat from any other in England by this defect—when I see a handsome coat I look at it—I board in Clark's room, and sleep in my own—I am in the Fleet for debt—I am not charged with embezzling my effects as a bankrupt—there is no warrant out against me—there was a charge, but I have a letter from the commissioners to protect me against that—I was a bankrupt, and have not passed my last examination, as all my books were in the hands of the Excise—I was taken in extent on a Crown debt—my examination is adjourned sine die—there was a warrant lodged against me, but it is taken away—I am satisfied this was the 16th of March—I know it from a letter from a friend of mine, who was arrested that day, or the day previous.
MR. CLARKSON. Q. You went in on Monday, and this was the Wednesday after? A. Yes.
WILLIAM SMITH . I keep a fancy warehouse in St. Paul's-churchyard. Young Clark has been in my service five or six years—if ever there was anything oi consequence I was to leave to one of the establishment, I left it to him, in preference to any other—I had the greatest confidence in him—he lives and sleeps in the house.
COURT. Q. What time does he come in at night? A. Our doors are closed at half-past ten o'clock—I knew his father was in the Fleet—Mr. Clark's daughters live somewhere at Walworth—Mrs. Clark was the widow of a general officer—I know the young ladies have property sent from Scotland, as sometimes it comes through my hands—I have had 50l. or 70l. at a time for them pass from the bankers in Scotland from time to time.
MR. PRENDERGAST. Q. Do you know whether young Clark might have slept at the Fleet? A. I only know of hit sleeping there one night—he slept on Saturday nights at his sisters', at Walworth.
ALDRIDGE re-examined. I have no particular recollection of this flaw in the coat—I should have noticed it if it had been there, but I do not remember it.
NOT GUILTY .
Fifth Jury, before Mr. Common Sergeant.
GUILTY .** Aged 12.— Transported for Seven Years—Convict Ship.
GUILTY .— Confined Three Months.
GUILTY . Aged 24.— Confined Four Months.
GUILTY .— Confined Six Months.
GUILTY .— Confined Six Months.
GUILTY .— Confined Three Months.
GUILTY . Aged 19.— Confined Three Months.
1600. THOMAS FEANEY was indicted for stealing, on the 4th of May, I knife, value 1s.; I comb, value 3d.; I handkerchief, value 6d. I bottle, value 1d.; I key, value 3d.; and 1 half-crown; the goods of Frederick George Acton: and 5 knives, value 1s.; and I fork, value 1d.; the goods of Daniel Heavens.
GEORGE ACTON . I am pot-man at the Portman Arms, Milton-street, Dorset-square. About four o'clock on the 4th of May, I took off my jacket in the kitchen—the pocket contained a half-crown, a handkerchief, a key, a phial, a sixpence, a knife, and a comb—I went into the skittle-ground for about three quarters of an hour, and on returning I missed the things from my jacket—I afterwards saw them found on the prisoner—these now produced are them.
Prisoner. I was very much in liquor. Witness. He was not drank, he had been drinking.
GUILTY . Aged 23.— Confined Two Months.
CHARLES PARKER . I am shopman to Henry Store, a cabinet-maker, in the City-road. On the 2nd of May, between half-past seven and eight o'clock in the evening, I missed a chair, which I had seen safe ten minutes before, outside the door—this now produced is it—I found it on the prisoner's shoulder, some distance down Old-street-road—I asked where he was going with it—he made no answer, but threw it down on me and ran away—I pursued, called "Stop thief," and he was taken.
Prisoner's Defence. I was going down Old-street-road; a man came up and said he would give me 6d. to carry it to Bishopsgate-church; I had not had it two minutes before I was taken.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Three Months.
THOMAS HEARN . I live in George-street, Commercial-road. I was going home on Saturday evening, the 30th of April—the prisoner came up to me and asked where I was going—I said home—she asked me for some beer—I pulled out two sovereigns, two sixpences, and a penny, to give her 24.—she snatched the two sovereigns out of my hand—I said, "If you don't give me the two sovereigns I will give you in charge"—she gave me one sovereign back—I said I wanted the other—I saw her put something into her mouth—she would not give me the other, and I gave her in charge—she was searched at the station, and the other sovereign was not found.
Prisoner. Q. Did you not give me a sovereign? A. No; you snatched the two out of my hand.
CHARLES IRWIN . I am a policeman. The prosecutor charged the prisoner with taking the two sovereigns—she said, "He gave them both to me to mind till the morning;" and after a few minutes she said, "I gave him one sovereign back again"—he was perfectly sober.
Prisoner's Defence. I have known the prosecutor twelve or fourteen years; he asked me if I would have anything to drink; a young woman was with me, and we had some beer; he said he would give me some gin. but he had not money enough; he gave me one sovereign to take care of; when he got a little farther he asked me for it again, and I gave it him; he said, "I gave you two," but he did not.
GUILTY .* Aged 40.— Confined Six Months.
JEREMIAH MURPHY . On Sunday, the 10th of April, I went with two other persons to the Crown and Sceptre, in Wilmer-street, Poplar. I had some ale there—I took a 5l. note out of my pocket to get change of the
landlord, but he could not give it me—I put the note into my pocket again, as I thought, but I cannot say whether I did or not—I afterwards missed the note—the prisoner was potman at the public-house—I asked him in the morning if he knew any thing about the note—he said he did not—I missed this piece of cloth now produced, which was in the same pocket with the note—I asked the prisoner if he knew anything about the cloth—he said he did, and he took it from behind the box—I knew the number of the note, and stopped it at the Bank of England—this now produced is it—it was endorsed at the Joint Stock Bank.
WILLIAM SLADDEN (police-constable K 50.) I took the prisoner. I found on him one sovereign, three half-crowns, and one shilling—I asked him where he got it—he said it was part of the money for which he had sold an estate eleven years ago, for 755 guineas, and then he said he had saved it up at 6d. a week.
ELIZABETH STEED . I live at Limehouse. On the Tuesday afternoon, about a quarter-past three o'clock, the prisoner came and asked for Mrs. Parker, who is his niece—I said she was not at home—he came again about four o'clock—I then asked him to walk in and sit down—he said he was very thirsty, and asked me to get him some beer—he gave me a 5l. note to get change, and pay for the beer—I got the change and brought it, and gave it him.
Prisoner's Defence. I found the note the next day among the dirt and cinders.
GUILTY . Aged 52.— Confined Six Months.
1604. ELIZABETH JONES was indicted for stealing, on the 1st of January, 1 shawl, value 2s. 6d.; I bonnet, value 6d.; 2 shillings, two pence, and 2 halfpence; the property of James Gorman, her master, since deceased.
MARY GORMAN . I was the wife of James Gorman—he is deceased. We took the prisoner into our house out of charity, and on the 1st of January I sent her out for some little things—she took my bonnet and shawl without my consent—she did not return.
Prisoner. You gave me the bonnet to wear, and lent me the shawl—you took me into your service at 1s. a week and my victuals—you never gave me a farthing of money, and scarcely any victuals. Witness. I gave her 2s. 2d. to buy some sugar and other things.
GUILTY .* Aged 14.— Transported for Seven years.
(There was another indictment against the prisoner.)
1605. JOHN BELL was indicted for stealing, on the 25th of April, 1 jacket, value 3s.; 3 pairs of trowsers, value 10s.; 1 blanket, value 2s.; 1 quilt, value 2s.; 4 shirts, value 4s.; I cap, value 6d.; 2 pairs of drawers, value 5s.; I waistcoat, value 4s.; 2 pairs of stockings, value 2s.; I bag, value 6d.; and I printed book, value 2s.; the goods of Hugh Connor, and that he had been before convicted of felony.
HUGH CONNOR . I lodge in Glass-house-fields, Ratcliff. I am a sailorboy, just come from sea. On the 25th of April I met the prisoner in Ratcliffe-highway—he asked me if I wanted a ship—I told him I did—he said if I would come with him, he would get me one, that a captain had
sent him to look for a boy, and had given him 6d. to pay for the boy's bed—I went to get my clothes from my ship, but could not get them that night—I went with the prisoner, and got them the next morning—we went and left them at a public-house—he then took me to a coffee-shop, and told me to sit down for a quarter of an hour while he went to the captain—he went, and did not come back—I waited some time, and then went to the public-house, and found the prisoner had been and had my things about ten minutes—I met him about a week afterwards, and he said if I would go with him he would get my clothes—I gave him to the policeman—my clothes consisted of the trowsers, and other articles stated in the indictment—I have never seen them since.
EDWARD ROBINSON . I keep the Crown in High-street, Wapping. The prosecutor and the prisoner came with the bundle—he asked if he might leave it for a short time—the prisoner afterwards came and fetched it away.
Prisoner. The policeman never saw me in his life before. Witness. I have no doubt at all of it—he had been twice summarily convicted before—I have known him three or four years.
GUILTY . Aged 18.— Transported for Seven Years.
JOHN REES . I live in Chapel-street, Tottenham-court-road, and am an oil and colour man. The prisoner was in my service for about six months. On the 23rd of April, about half-past seven o'clock in the morning, I saw a customer come into the shop, and pay the prisoner a shilling, a penny, and two halfpence—(I was in a situation where I could see it)—the prisoner put the money between the scales at the end of the counter, and when the customer was gone, he threw the shilling into the till, and put the penny and two halfpence into his pocket.
Cross-examined by MR. BALLANTINE. Q. Do you know he is married? A. Yes, his wife has recently had a child, who is dead—I do not consider he was in distress—his wages were 15s. a week—I should have owed him 3s. on the Saturday evening—I did not owe it him then—I sent for an officer immediately—the prisoner did not tell me he was driven to it by desperate want—he said, "This is the first and the last time, and I hope it will be a warning to me"—he could have had 10s. if he liked—I did not tell the policeman to go away, but my wife was ill in bed, and I could not leave the shop—I let the policeman go away—I gave the prisoner into custody about half-past seven that evening—he did not remain in the shop all day—I desired him twice to go away—this note is my writing—(read—"Joseph Chick,—You go out of my house, otherwise I will prosecute you")—I gave him this paper about eleven o'clock in the day—I could not leave my shop, or else I should have gone and turned him out—I certainly intended to prosecute him—I was very warm and very cross about it—he did not ask for the 8s.—(he did not come and demand them, nor send a demand for them—he did not say he could not go without his wages—he said, "I shall not go, you cannot prove any thing against me, and I shall not leave the house"—it was-his duty to have put this money into the till
—it was put on the counter, and when it was put on the counter, I considered it was my own money.
NOT GUILTY .
JOHN REES . In about ten minutes after the other customer had been, another man came into my shop and purchased 2d. worth of Vandyke brown, and gave the prisoner sixpence—the prisoner took 4d., out of the till and gave him the change—he kept the sixpence in his hand till the customer had got out of the shop, and he had an opportunity of putting it into his pocket—I then went in doors—I afterwards went to the till, and I said to the prisoner, "You have not taken much this morning"—he said, "No"—I said, "Things are very bad"—in the mean time I had sent for a policeman—when the policeman came I asked the prisoner if he had sold any Vandyke brown—he said, "No"—I told him I knew how much he had taken, and told him to take it out of his pocket, and put it down—he took out 7 1/2 d.—I told him to get out, as I could not leave the shop—he went out of the shop, and went into the other house, which is mine, where he lodged in my attic, and I saw nothing of him till eleven o'clock, when I wrote this bit of paper—at half-past seven o'clock at night he came down to my door, I said, "What do you want?"—he said, "You cannot bring any thing against me, and I shall not leave your house"—I then got an officer, and gave him in charge—he said, "Don't give me in custody, Sir. "
Cross-examined by MR. BALLAKTINE. Q. Just describe where you were when you saw this take place? A. I was sitting on a little staircase at the back of the shop—I had been there an hour and a half—I was about four yards from the prisoner—he could have seen me if he had looked—I could see on the counter—it was a man that came in with the sixpence—I heard him ask for 2d. worth of Vandyke brown—after he had been served, he paid for it—I cannot say whether he took his money out of his pocket, or had it ready—his left hand was towards me—I cannot say whether it was with his right hand or his left that he paid—the sixpence was thrown on the counter, and it was a very curious sounding one—I will swear it was not a shilling he paid—it was a sixpence, and this is the sixpence—I saw it so distinctly that I swear this is the one I saw thrown on the counter—it was the prisoner's duty to have put it into the till—I do not know who the customer is—I could not find him—the prisoner took fourpence change out of the till.
NOT GUILTY .
1608. ANN PHILLIPS was indicted for feloniously receiving, of a certain evil-disposed person, on the 7th of April, 1 pair of watch cases, value 1l.: the goods of George Mackie, and another, knowing them to be stolen.—2nd COUNT, calling it 2 ounces of silver, value 1l.
GEORGE MACKIE . I live in the City-road, and am a watch and clock maker—I have one partner. On the 2nd of March I left a brown paper parcel wrapped up on my work board, which contained two pairs of silver watch cases—I was absent from my shop about an hour, and when I returned the parcel was missing—one pair of the watch cases are here now in fragments—here is enough for me to identify it—I have compared it with the movements which I have here with me—they correspond exactly—I have no doubt of it.
Cross-examined by MR. PAYNE. Q. Did you leave any one in the shop? A. Yes, Harriet Gwatkins.
HARRIET GWATKINS . I was left in charge of the shop—a young lad came in and asked for a knife—I had to turn my back to get what he wanted—no one else came in the shop during the time Mr. Mackie was out.
Cross-examined. Q. Did you miss any parcel? A. No.
JOHN WILLIAM FRYETT . I am a pawnbroker. On the 4th of April, the prisoner came to me with this watch-case broken up as it is now—I asked her how she became possessed of it—she said it belonged to a cousin of her's—I asked her how it came to be in this condition—the said her cousin destroyed it in a drunken fit—the case appearing new I asked how long he had had it—she said five years—I knew her and let her go—I asked her address—she said No. 7, Osborn-place—she was to come for it the next morning, but she did not.
Cross-examined. Q. Did she not come the same evening, and say she could not find the person? A. She came, but not about this—she came to redeem a pledge, and merely repeated that she would come in the morning—Osborn-place is in Whitechapel-road—she never told roe that a woman had asked her to do this—it was on a Monday the prisoner came to me, and on the Wednesday I told the policeman about it, and he knew where to find her.
WILLIAM ARGENT (police-constable 126 H.) I went to the prisoner's house—I told her I came respecting some watch cases which she had offered to Mr. Fryett for sale—she said she knew nothing about them—I said she must go there with me, and just before we got there she said, "I will tell you the truth, I did."
Cross-examined. Q. Did she not say a woman she had done jobs for had sent her? A. She said that in the pawnbroker's shop, not before—I knew where to find her from the description—I did not go to her till Mr. Fryett gave me information about the prosecutor—I took her on the 30th of April? GUILTY .* Aged 47.— Transported for Seven Years.
THOMAS NORTH . I live at Windsor, and am a carrier. I employed the prisoner to drive my van—on the 12th of April I employed him to come to London with the van and a mare—I overtook him, with the van, without the mare—he said the mare had set to kicking, and had kicked her entrails out, and he was forced to have her killed—if he sold the mare I have not received any money for it.
Q. Had he ever received money for you before? A. No, never—if he had delivered any goods on the road it would have been his duty to have given me the money, but he had no goods to deliver—I was behind with another wagon—he had delivered goods four or five years ago, but he never took any money—if the mare had been killed, or died, and he was obliged to sell her, it would have been his duty to pay me the money he took—he did not do so—he never had received any money for me before—I asked him what he had done with the mare—he said he had left it with some policemen and some gentlemen—I asked him whether he had received any
thing for the mare—he said no—he has never paid me 25s. for it—I cannot say whether it was killed intentionally.
Prisoner. When we were unloading parcels in town he used to allow me to take the money for them, and bring it to him; he used to tell us what to charge for them; I was only with him about a month this time; I was with him and his father, off and on, for fourteen years; I used to receive money for the parcels, and paid it to him; we used to receive 1s., or more, for them. Witness. I never allowed him to take money for parcels—I am always there when any parcels are delivered.
Prisoner. He says I sold the mare; I never sold her; the policeman who was there can say J never sold it.
GEORGE BIRD . I buy dead horses. I was fetched to the Terrace, at Hammersmith—I saw the prisoner there, and the mare lay dead—I paid him 1l. 5s. for the mare, and gave him a note to give to his master—he told me Mr. North's name—I paid him the 1l. 5s. for his master, and the note, stating the amount I had paid him—I gave him one sovereign and two half-crowns.
Prisoner. I did not sell you the mare. Witness. Yes, you did—you had the 1l. 5s.—you told me it belonged to Mr. North—you went to the public-house, and I gave you the money.
JOHN WHITE . I saw the prisoner in the Coach and Horses, at Hammersmith, about five o'clock—he said he had a horse in the van to sell—I saw the horse in the van—it was all right then—he asked 5l. a leg for the horse—that was 20l.—he offered to sell me the van—I told him the van was no use to me.
Prisoner. Q. What did I have to drink? A. I do not know—you had some half-and-half—it was a mare—I have seen the dead mare—that was the same mare.
Prisoner. Q. You knew it was not my van and horse, why did you not have me put into custody? A. I did not know—I had never seen you before.
ALFRED BLUNDELL (police-sergeant T 9.) I saw the mare lying in the road on the shaft of the van, about three-quarters of a mile from Hammersmith, about seven o'clock in the evening—when the mare got up her entrails came out—it appears there was something sticking on the shaft which went into her side—she plunged about the road—I cannot tell how she was wounded—I saw the prisoner receive a sovereign and two half-crowns.
Prisoner. Q. Did yon hear me sell the mare to that man? A. I heard you say you had rather he had it than any other man, because you knew him—I did not say at the bench that you would not sell the mare—I did not say you had better give me the money, and make it right with your master.
Prisoner's Defence. I did receive the money, but in my fright I lost it.
WILLIAM THOMAS (police-constable T 20.) I produce a certificate of the prisoner's former conviction, which I got from the clerk of the peace of Buckinghamshire—(read)—the prisoner is the person tried—I was at the trial. GUILTY. Aged 35.— Judgment Respited.
ARTHUR MILLIGAN . I am a sailor, and lodge at the Sailor's Home. I met the prisoner on the 11th of May—he asked me if I knew a coffee-shop—we got into conversation, and went to the South Sea coffee-shop—I had two sovereigns and a half in my watch-pocket, and some silver and coppers in my trowsers-pocket—I went to sleep—I recollect the prisoner and I lying down in bed, and recollect him fumbling about my pockets—I went to sleep, with my hand inclosing my watch-pocket, and when I awoke my money was gone—the prisoner was then in the room—I had him searched, and two sovereigns and a half, and some silver and coppers, were found on him—I knew nothing of him before.
Prisoner. When I met you that night you took me to a low publichouse; you went into a night-house; there were a number of the girls of the town, and you got into conversation with them. Witness. I rather think he took me to the house—there were girls and men in the house—I did not speak to them—he said he would give me a glass, but I paid for what I bad—I drank with no one but the prisoner.
EDWIN JOHNSON . I keep the coffee-shop. The prosecutor and the prisoner came—they called for coffee and bread and butter—the prisoner paid for it—he was there about an hour—he said his time was very short, and he should like his friend to lie down for an hour—I showed them up stairs to the front-room, and offered my services to assist the prosecutor to bed—the prisoner desired me to go below, and said he would attend to his friend himself—I went down, and in a quarter of an hour or twenty minutes I went up to see why the prisoner had not come down, and he was pretending to put the clothes on the prosecutor—the prisoner came down some time afterwards, and went out—I called him back, and stopped him—he was searched when the prosecutor awoke—two sovereigns and a half, and tome coppers and silver was found on him—he said he had got at much money to give the sailor, if he would give him part of it back again.
Prisoner. Q. You said you came up in the room and saw me asleep? A. You was asleep the second time I came up, and I fastened the door, but you opened the door and came down afterwards—you said you was a particular friend of the prosecutor's, and that you both came from Edinburgh.
Prisoner. I left a situation at Herne Bay the week before with an excellent character, and had a sovereign and some silver; a few days previous I had received two sovereigns from my friends, and I signed at the Post Office for it. I went to a coffee-shop that morning, and when I went to pay, the girl that waits there saw that I took three sovereigns out of my pocket, and she said one was a very bright one; she gave me a half-sovereign in change for one.
Prisoner. Q. Did I tell you I had some money from my brother? A. You stated that before the Magistrate.
Prisoner. There is a gentlemen in Thames-street who knows all my relations, and got me the situation at Herne Bay. I could not send to him. GUILTY . Aged 24.— Transported for Ten Years.
SUSANNAH SHEPHERD . I am the wife of William Shepherd, a chinadealer, in Goldsmith-row, Hackney-road. On Sunday afternoon, the 8th of May, the prisoner and another woman came to my shop—(we do not sell goods on a Sunday, unless any one happen to knock at the door)—the prisoner asked for some white plates with blue edges to them—I told her we had none—she then asked to look at some white ones—I showed her some—she then asked to look at some blue plates, which I showed her—I missed a jug—this is it—it is my husband's—I am sure I lost it that day, and I did not sell it to her.
Prisoner. I and Sarah Edwards went in together. I bought two plates. I asked for some sugar, while she turned to get it, Edwards took the jug off a shelf on the right-hand side, and put it under her shawl. I gave her a shilling to get a pot of beer.
SARAH EDWARDS . I went into the shop with the prisoner—she called for two plates, and while the lady was turning her back the prisoner took the jug, put it under her arm, and told me to fetch the pot of beer—I asked her whether she had paid for it—she said, "Yes."
Prisoner. I gave her the shilling in the shop before I came out at all. I was standing talking to the mistress of the shop, she being hard of hearing, and when Edwards came home I asked where she got this jug—did she borrow it? she said she took it out of the shop. I told the Magistrate this.
Prisoner. She came there on the Saturday night to lodge with me; we are both unfortunate girls, and walk Hackney-road, and her sister also.
Witness. I have made inquiries about Edwards, and it appears she has been brought up to hard work.
GUILTY .—Aged 19.
ANN HOMAN . I am single, and live in Goldsmith-row, Hackney-road, nearly opposite Mr. Sutton's. I was standing at my window on the 9th of May, between eight and nine o'clock in the morning—I saw the prisoner and Edwards come out of Mr. Sutton's shop—the prisoner had a plate of steak in her hand—she said to Edwards, "What a fool you was you did not take it, you had a good opportunity"—it appeared to me that the prisoner had something under her shawl.
SAMUEL MILLS . I am in the employ of Mr. George Sutton. The two young women came in for a pound of steak—I served them, and they went out—they came in in a minute or two and said they must have another half a pound, which they had—the prisoner stood near the window where the veal was, and Edwards stood where I was cutting the steak—the prisoner said, "I shall go and get some tea, and make Jack's breakfast"—I served Edwards with half a pound of steak, and she went out—in about half an hour my master came down—a person over the way called my master, and gave him information, and he missed the piece of veal—nobody but the two girls had come in that morning, except a little boy.
SARAH EDWARDS . On Monday morning she asked me if I would go with her to buy a pound of steak for breakfast—I said I would—she went home with the steak and I with her—I went back with her for another halfpound—while the little boy was serving her she put the veal under her arm, went away with it, and left me waiting for the steak—I saw her take it—she said, "I shall go home and get Jack's breakfast"—that is a man she lives with.
Prisoner. She had as much to do with it as I had.
GUILTY .** Aged 19,— Transported for Seven Years.
JANE ALLISON . I live in Brook-street, Ratcliff. I know the prisoner—I hung a black and white cotton gown out to dry on Thursday, the 5th of May—I saw it safe at about a quarter to nine o'clock—I misted it afterwards—I have not found it.
Prisoner. Q. Did you see me in the yard? A. I saw you come through the passage—you was the last in the yard except myself—it was not a minute and a half after I heard you go into the yard, before the gown was gone—I did not see you take it.
Prisoner. It is a house where they let out apartments. There are five families live in it, and there is a side gate which persons can go in at at all hours of the night.
JAMES COURTNAY . I am a greengrocer. About a quarter-peat nine o'clock that evening, I saw the prisoner come out of Mrs. Allison's yard with a dark cotton gown, and walk into the next house—I watched him—he tried to tie it up in a bundle, but somebody coming down stairs he could not—I knew him before, and knew him to be a bad character—he came out of the house and passed me with a piece of the gown banging out, and went into a court—I stopped him and said, "Little, you have got Mrs. Allison's gown"—he said a very bed word, and a friend who was with him ran away with the bundle, and has not been taken since—there was a wet sheet and shirt in the bundle also.
Prisoner. I had no gown or bundle. He said, "You had better bring the old woman's gown back." I said, "What gown?" he said at Worship-street he did not know it was a gown. Witness. I saw t piece of the gown as he passed my window hanging out of the handkerchief—this was at a quarter-past nine o'clock at night, but it was right under the gas-light—I could not swear to the pattern of the gown—I knew the gown well—the prosecutrix is my mother-in-law—I have had no quarrel with the prisoner—I would have employed him before this.
NOT GUILTY .
1614. JOHN PURDY was indicted for stealing, on the 25th of April, 1 saddle, value 5s.; 1 back band, value 1s. 6d.; 1 crupper, value 6d.; 1 pair of reins, value 1s. 6d.; and 1 pair of tugs, value 6d.; the goods of Henry Clements.
HENRY CLEMENTS . The prisoner came to my place on the 25th of April—I had a saddle, a backhand, a pair of reins and tugs which were safe between one and two o'clock—I missed them about she—they have not been found.
GEORGE HOLLINOTON . My parlour window looks into Mr. Clements's yard. About two o'clock, on the 25th of April, I saw the prisoner and another man about the yard for some time, while I was at work—when Clements went out, the prisoner and the other man went out with him—about five the same afternoon, I saw the prisoner and the same man come up the court, which is nearly opposite my door—he left the other man at the corner of Clements's shed, and he immediately went into Clements's yard—in about ten minutes I saw him come out again, and go about twelve yards past my house with the saddle and other straps—be returned back again, and went through the court the same way he had come—the other man also went away—I went to look after the prisoner, but he was out of sight.
Prisoner. I was at Mr. Clements's house in the morning, but not afterwards—he said before the Magistrate he saw me from the door, and now he says from the window. Witness. The first time I saw him from my window.
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Three Months.
SUSAN NORTH . I live with Mr. Burleson, in Manor-place North, Chelsea. On Friday, May 6th, the prisoner came with another person and bought something—I afterwards missed this ribbon—we searched every where for it, five minutes after the prisoner was gone, but could not find it—we found the prisoner on Wednesday, the 11th of May, at her house—I accused her of having stolen the ribbon—she denied it three or four times—I then said, "My master will perhaps forgive you, give up the ribbon "—she and her sister went into the other room, and took from her box this ribbon, and gave it to me—it was not her sister that was at the shop with her—the other girl was discharged by the Magistrate—she does not live in the same house as the prisoner—I did not know where the prisoner lived till her sister came on the Wednesday, and then we went to her house.
NOT GUILTY .
1616. WILLIAM CLARK was indicted for stealing, on the 5th of May, 10 knives, value 10s.; 10 forks, value 10s.; the goods of Robert Francis Beeton: and 2 knives, value 2s.; and 2 forks, value 1s. 6d.; the goods of Charles Gabriel Davey.
ROBERT FRANCIS BEETON . I keep the King's Head, at Stratford. I lent Mr. Davey four dozen knives and forks—only a portion was returned—I believe those produced to be mine—they correspond with what I have at home.
GUILTY . Aged 33.— Confined Three Months.
weight of leather, value 8s. 6d., the goods of Allen Wintle Smith; and that be had been before convicted of felony.
ALLEN WINTLE SMITH . I live in Red Lion-street, Holborn, and am a shoemaker. Between eight and nine o'clock in the morning, on the 3rd of May, I was in the parlour at the back of my shop—I saw the prisoner in the shop—I saw him take two pounds of leather off a nail, wrap it up, and put it under his coat—the leather produced is mine—it is marked—part of it was cut up.
Cross-examined by MR. PHILLIPS. Q. He threw it back into the shop, I believe? A. Yes, after he got outside—a person named Thomas, a shoemaker, has part of the shop, and I have the other part—we are not partners in the business, only in the shop—it was my leather the prisoner took.
JOHN COLEBY . My master called me, and I saw the prisoner with the leather under his coat, outside the door—I asked him what he wanted—he asked if there was a man named Harris lived there—I told him no—he then threw the leather back.
GUILTY . Aged 21.— Transported for Seven Years.
JOEL JOSEPH HART . I am shopman to my brother Lewis Joseph Hart, of Ratcliff-highway. I hung a jacket outside, the door on the 9th of May, about eight o'clock in the morning—I missed it about five minutes afterwards—this is it—it is my brother's.
GUILTY . Aged 18.— Confined One Year.
EDWARD HALTON . On the 12th of May, about one o'clock, I was walking down Fleet-street—a person tapped me on the shoulder, told me something, and pointed down a street to the prisoner, who was running—I ran, and he was caught by some workmen—a gentleman pointed out my handkerchief behind the door—this is it—it is mine—I cannot say how long before it was safe.
down Salisbury-square—I touched the prosecutor on the arm, and said, "That young man who is running has got your handkerchief."
THOMAS BARNES (City police-constable, No. 334). I heard a cry of "Stop thief," and saw the prisoner running, and the prosecutor after him—I took him into custody, and the prosecutor gave me the handkerchief.
Prisoner's Defence. I heard a cry of "Stop thief," and ran to see what was the matter; a man said, "Lay hold of that fellow, he is one of them;" I said to the gentleman, "Is that your handkerchief behind the door," and it was; I was not near the gentleman at the time the robbery was committed.
GUILTY .* Aged 17.— Confined Six Months.
WILLIS SNUGS . I am in the employ of Thomas Walker and another, linen-drapers, in Oxford-street. On Thursday afternoon, the 5th of May, between five and six o'clock, I was in the centre of the shop—I saw the prisoner Williams take a length of cotton from the shop—I went out after him and caught him—Bacon was a few yards ahead of him with it under his apron—I let go of Williams, ran after Bacon, and caught him—he threw the cotton down—I picked it up, and he was brought back to the shop—Williams was caught last Monday—I am quite sure they are the two persons.
Williams. I was never in Oxford-street in my life. Witness. I am quite sure of him.
Bacon. He said, "It is a bad job for you, don't you know the other boy took it;" I said I knew nothing about the other boy. Witness. I did not say so.
BACON— GUILTY . Aged 16. Confined Three Months and
WILLIAMS*— GUILTY . Aged 16.
ELIZABETH ELLISON . I am a widow, and live in Lower Chatham-street—the prisoner lodged in my house with her father and mother—I lost the key of my parlour—I put a sovereign into my snuff-box to pay my rent, and went out between eleven and twelve o'clock on the morning of the 11th of May—when I came home I found the plants I had put against the place where the snuff-box was, were moved, and the sovereign gone—it has not been found—the prisoner came home at one next morning—she and her sister went up to her father's room—the next morning I challenged her with robbing me—she disowned it—I sent for the policeman and took her before the Magistrate, and then she owned it.
JOSEPH PENNEL . I came home at half-past eleven, and found the prisoner in the prosecutrix's room—she bid herself behind the door—I asked what business she had there, and where Mrs. Ellison was gone—she said she was gone out with her mother—I stopped and walked backwards and forwards—she slammed the door and went up stairs—I afterwards heard her say, "I took the sovereign."
Prisoner. I was frightened, and fainted away; they said if I owned to it I should not be hurt. Witness. She was frightened—she had just come out of an hysterical fit.
THOMAS COOK . I am a policeman. I was called on Thursday evening, about eleven o'clock, and the prisoner was given into my custody—she denied in the first instance having seen the sovereign—her mother came in and said if she had done wrong she had better acknowledge it—she said, "I have not done wrong, I cannot own to anything I have not done"—I took her to the station—the sergeant told me to take her to a pawnbroker—I took her a little way and she fainted away—I returned and left her at the station—before the Magistrate she acknowledged it, and offered to pay 2s. back.
COURT. On the contrary, according to the depositions, she said, "I did not take it," Witness. She said she did take it—she had taken a gown out of pledge at the pawnbroker's, and my object in going there was to ascertain whether she had changed a sovereign there—she had not—it was 2s. she had paid to take the gown out.
Prisoner. I did not say I had taken it; I said I would pay it back rather than go to prison.
NOT GUILTY .
WILLIAM ROWLAND AMBROSE . I am in the employ of Mr. Charles Davis, of Mount-street, Lambeth. Between eight and nine o'clock in the morning of the 12th of May, I was in Paternoster-row with my master's cart—the prisoner was there with a cart also—he came up to me and asked me if he should carry the fat out to Mr. Cuthbert's—I told him no, I had a man that did the work regularly—he then took the tail-board of the cart down, and said he would carry one sack out for a pennyworth of gin—I said, "No"—I went to market, and when I came back to the cart, about 30lbs. weight of ribs of beef was gone—I went and asked the prisoner if he had seen any thing of it—be said no—I then went into Mr. Cuthbert's and made inquiry.
Prisoner. I went to my master's cart, and waited there twenty minutes—I saw three men taking the fat out of the cart—they asked me if I would have a drop of gin—I said I would, and I went and had it—I then went to Westminster with my master's cart—Ambrose came after me with another man, and asked me if I had got any meat in the cart belonging to him; my master was with me; he told him to get up into the cart to look—he got up, and shifted every bit of meat—after that be asked me to come back to Newgate-market with him, which I did, and was given in charge.
Prisoner. Q. Why not give me in charge then? A. Because I did not know you was stealing it—you were not in Paternoster-row for nearly an hour afterwards.
GEORGE BARHAM (police-constable B 84.) I produce a certificate of the prisoner's former conviction, in the name of Edward Wetheral, which I got from Mr. Clark's office—(read)—the prisoner is the person.
GUILTY . Aged 28.— Transported for Seven Years.
GEORGE CULL . I live in Whitmore-street, Hoxton. On the 7th of January I was at the Bell, at Hoxton—I placed two sovereigns and three half-crowns on the table—the prisoner, who was in the room, took them off the table before my face, and went off—I told my son to follow him—he caught him in the passage—they both fell down—he got up, struggled, and ran off—I lost sight of them both—I am sure he is the person.
Prisoner. Q. Are you sure it was me that took the money off the table? A. Yes, I bad changed one sovereign out of three, and placed the other two with the half-crowns, on the table, and was looking for a shilling, when you took them.
GEORGE CULL, JUN . I am the prosecutor's son. I was at this publichouse—my father got up, and said, "That man has robbed me"—I detained him—we both fell on the floor—he got from me, and ran—there was no one there to run after him—I followed him to the Green Man, and there gave him in charge, about half-an-hour after the money was lost—no money was found—he was in company with one or two others at the Green Man, who he seemed to know.
Prisoner. You wanted to fight me. Witness. No, I did not want to have any thing to do with you—I did not borrow 10s. of my father at the Green Man—I knew my father had money—we had three sovereigns in the morning when we went out—he changed one, and he had two sovereigns and three half-crowns, or more left.
JAMES DAWE . I am a policeman. I took hold of the prisoner near the Green Man—he asked me what I wanted him for—I said, "For felony"—he said, "What felony?"—I said, "For robbing Cull"—he said it was no such thing—coming up to the Green Man, he said, "There is a person in here, that can satisfy you that what this man says is incorrect"—he then broke from me, and went into the house—I was not strong at that time; indeed, I am under the doctor's bands now—I afterwards found him in Hammond-square, behind some bricks—he went from there to Dennis-place—he there struck me, bit my hand, and threw me down—"Now," he said, "you b—y b—r, I have got you, I will serve you out"—I called out, "Murder"—he ran away, and I lost sight of him altogether—I was laid up for ten days in consequence of his violence.
Prisoner. I deny it—I know nothing about it.
WILLIAM HORSNELL . I am a policeman. I took the prisoner, and got him into a cab—he asked how much I wanted him for, for the job at Hoxton—I said, "About 3l."—he said it was false, he had not so much as 3l.—I had a terrible job to take him—he said no two men should take him—I had to call on the landlord of the house to close the door.
Prisoner's Defence. The prosecutor came into the Green Man on this afternoon; a man named Nixon was there, who knew me, and asked me to have a drop of beer; the prosecutor's son asked me if I knew him, I said no; he said, "I know your brother Adam"—he borrowed 10s. of his father, which was spent before they left the house; he went into the tap-room
where there were eight or nine people, and asked them to sing, and gave them drink; he asked me to go with him to the Bridge House, which I did; we then went to the Bell; the son said he was robbed, first, and then the father said so; they were all tipsy, and had been drinking all day; I know nothing of the money.
GUILTY .* Aged 22.— Transported for Seven Years.
GEORGE FULLER . I live in Wingrove-place, Clerkenwell, and am a baker. On Saturday afternoon, about three o'clock, I was spoken to by the boy Jones, in consequence of which I missed two loaves—I found the prisoners eating them.
Cross-examined by MR. DOANE. Q. Did they go into Whiskin-street? A. No, there were two other boys besides—I am quite sure it was Carlile—I had never seen him before—I distinctly saw what he had in his hand—I went and told Mr. Fuller.
RICHARD JONES . I saw them all four before the window—two went away from the others—Carlile went on the step, went on his knees, and crawled in—he brought out two loaves—he gave them to Wells, and they both ran up Coburg-street.
WELLS— GUILTY . Aged 15.
CARLILE— GUILTY . Aged 12.
Confined Nine Days and Whipped.
ANDREW WARD . On Friday morning, the 6th of May, I went from home—I locked my shop—I returned about nine, and missed two pairs of boots, a slipper, and a shoe—the following morning I went with a warrant with an officer to a house in Peacock-court, Gray's Inn-lane, and found the boots in the first-floor room—these now produced are them—I do not know whose premises they are.
Green. There is no Peacock-court, in Gray's Inn-lane. Witness, I believe it is Pheasant-court, but it has two or three names.
CHARLES HENRY BAGNALL (police-constable 31 S). On the morning of the 7th of May I examined the lock of the prosecutor's door, and found it forced—I then went to No. 1, Pheasant-court, Gray's Inn-lane, and met the two prisoners coming out from the passage—I and another constable took them into custody, and took them to the back room first-floor—I knew by the search-warrant where they lived—they both lived there—I found one boot on Green, one boot under the bed, and one on the bed—and on the top of the ceiling I found ten skeleton keys—the house is not on my beat.
Green. This is a house of ill fame; a young man named Driscoll and a girl lodge on the third floor; he sent this girl round for me the night before and said he had some boots; I went there next day, he gave me one boot
to try on; it would not fit me; I said I thought I could sell it for him; he said he was a plasterer, and sometimes sold things for young men—did not I say you ought to take Driscoll into custody? Witness. You said I ought to take him because he knew something about a timepiece—you did not say anything about the boot.
Bartlett. It was not our room.
LOUISA OSBORNE . I have the care of this house—I do not know who the landlady is—I have known her some years but she only comes to the house once a week—a young man named Driscoll and a girl named Eliza Welstead lodge in the first-floor room, according to the statement of my charwoman, who does business in the house in my absence—Driscoll did lodge there—I believe the policeman took him and the young woman away on the day this occurred, for I have never seen him since—my charwoman let two rooms to Driscoll and Isabella—I do not know her other name—I understood that Bartlett was a tenant of the house, but I understand since that he was not a lodger—he only came there occasionally—I never saw Green—I do not remember their coming on the morning of the 7th of May—I never saw them till the policeman brought them into the house that morning—I think I should have seen them if they had come because my room is in the front, but I might perhaps be out of the way—they might pass into the house without my observing them, but I should scarcely think it possible—I am an unfortunate woman—the house belongs to a man named Jones, who generally comes once a week—it is a brothel—I did not swear before the Magistrate that any one took the room—I considered Bartlett was an inhabitant of the room by his going in and out.
Q. Did you not say before the Magistrate "that room was taken by the prisoner Bartlett and a female, a week previous and had it then in occupation?" A. The mistake must have originated where they wrote it down—I was never in a place of that description before—I may have seen Bartlett two or three, or three or four times passing through the passage to the upper rooms—a person named Jane Brown generally let rooms during my absence.
CHARLES HENRY BAGNALL re-examined. I was present when the examination was taken—I heard Osborne give her evidence—it was taken down, she signed it, and it was read over to her—this is the Magistrate's signature.
(The deposition being read stated, "I remember the two last witnesses and the prosecutor coming to my house; they went into the first-floor room back; that room was taken by the prisoner Bartlett and a female a week previous, and had it then in occupation.") Witness. I was sent with the search-warrant from the station, with information which was received from a person who has absconded—Driscoll lived at the top of the house—I took the prisoners back to the first-floor room after taking them into custody—there was a girl in bed there apparently very ill—Green said to me, "Bagnall, she knows nothing at all about it, she is very bad, don't take her "—I should consider from their language that both the prisoners cohabited with that girl—I consider they knew one another—I am satisfied that Bartlett cohabited with her—I do not know that I ever saw Bartlett before—I have never seen them go into that court—there are five or six houses in the court—Green had the boot under his coat, and the fellow one to it was on the bed in the back room first-floor, with the two slippers.
Green's Defence. It is all a planned thing of Driscoll's and the girl;
I used to live in White Horse-court when he went away from his mother to live with this prostitute; I did not live at this house; I only came out of the hospital the Sunday before.
Bartlett's Defence. It is clear I had nothing to do with the room; Driscoll occupies the two rooms, one for himself and the other for company.
JANE BROWN . I am servant at this house in Pheasant-court—I do not know the name of the landlady; she comes once a week to receive the rent—Louisa Osborne takes care of the house—I do not know who lives at the top of the house now—a man named Driscoll did lodge there on the 6th of May, and a woman named Bell with him—two females lodge below them—I do not know their names—there is no man there—Driscoll and Bell lodge in the first-floor back-room—I do not know Bartktt's room—he has no room in the house to my knowledge—I do not know the name of the woman who is ill—she is not in the house constantly—she was in Driscoll's room when the officers came—Driscoll took those two rooms—I let them to him and Bell the week before—Bartlett did not take them to my knowledge—I have seen Green pass several times—I do not know which room he went into—I have seen Bartlett come several times, not twenty or fifteen times a week—I have not seen him every day—I have seen him pass through the passage up stairs—I did not see him go into any room—no other men live in the house but Driscoll and the two prisoners.
CHARLES HENRY BAGNALL re-examined. I never charged Driscoll with this robbery—he lodges at the top of the house—I have no reason to think he is in any way connected with this room—I have not tried the skeleton keys to the prosecutor's door—as it was burst open they would not fit.
GREEN— GUILTY .
BARTLETT— GUILTY .
Transported for Seven Years.
Sixth Jury, before Edward Bullock, Esq.
1626. JAMES JOHNSON was indicted for stealing, on the 2nd of May, 1 pair of trowsers, value 15s.; 1 handkerchief, value 1s.; and 3 sovereigns; the property of Robert Mott: and 1 hat, value 5s-, the goods of William Marshall, Esq.
ROBERT MOTT . I am coachman to Mr. William Marshall, and live in Devonshire Mews South, Marylebone. I have known the prisoner three years—he came to the stable about three weeks ago, and said he had just left his place, and wanted work—I employed him to help me for two days—he asked me if I would allow him to sleep there, as his father had turned him out, and he did sleep there—on Monday afternoon, the 2nd of May, I went away about four o'clock—the prisoner locked the door and gave me the key—there are two keys to the stable—he gave me one and kept the other—I returned next day about one o'clock—the prisoner was not there then—he did not come there that night to sleep—I went to the stable on Wednesday, the 4th—I had a. trunk in that stable, looked, before I went away—I found it forced open, and a small box, containing three sovereigns, gone from it—I also missed a pair of trowsers and a silk handkerchief of my own, and a livery hat belonging to Mr. Marshall—I had a pair of shoes in the cupboard in the room, which I cleaned just before I left, and when I returned I found them in the cupboard dirty—I
had been to my box about three o'clock on the previous Sunday afternoon—the prisoner was present, and saw me go to it—I afterwards found the prisoner at the Plasterers' Arms in Little Marylebone-street, not a quarter of a mile from the stable, and gave him into custody—I saw a black handkerchief on his neck at the station, which I can swear to as having left in my room—I never gave him permission to wear it—this now produced is it—I have had it a year and a half—I do not think the prisoner had any money when he went away, for he had asked me for 1d. or 2d. to get half a pint of beer, and sometimes I gave him 6d. or 1s.
Cross-examined by MR. PHILLIPS. Q. Do you know of his being in place with a Mr. Stevens, a butcher? A. He told me so, and that he had left the day before—I know the handkerchief by the way in which it is worn, on the cross—I found no handkerchief of the prisoner's left behind—he used to wear a plaid handkerchief—I never saw him wear a black one—I knew him when he lived with his father at Brighton, but I have known nothing of him for the last two years.
JAMES HOBBS . I keep the Weymouth Arms, in Weymouthstreet. On Monday or Tuesday morning, the 3rd or 4th of May, the prisoner came to me for change for a sovereign, which I gave him—I saw him again in the afternoon—he had been drinking—I saw half-a-sovereign in his hand, with some silver—I asked him to let me take care of it for him, which he did, and I gave it him again in the evening.
GEORGE SMITH . I live at No. 9, Devonshire-mews, next door to the prosecutor's stable. On Monday afternoon, the 2nd of May—soon after the prosecutor went out, I saw the prisoner at the stable where I was at work—he had nearly a new hat on, and nearly a new pair of shoes—I know the shoes by seeing the prosecutor wear them since—the prisoner complained of the shoes pinching his feet, and said he could not wear any stockings with them—he generally wore a light cap—I do not know that I ever spoke to him before that day, but I had seen him with the prosecutor several times.
JOHN CLAYTON . I am a policeman. On Wednesday night, the 4th of May, the prisoner was pointed out to me by the prosecutor, and I took him into custody—I told him the charge—he said he knew nothing about it—I found this handkerchief and key on him.
NOT GUILTY .
1627. JOHN DENNY and WILLIAM WHITE were indicted for stealing, on the 6th of May, 104lbs. weight of lead, value 4l. 10s.; the goods of John Perkins, and fixed to a building.—2nd COUNT, not stating it to be fixed.
JOHN WINSLEY . I reside at Islington-market, and am surveyor to Mr. John Perkins, who has some unfinished houses adjoining the market—I saw the houses about a fortnight before the 6th of May,—the lead was then safely fixed in the gutters—on Friday morning the 6th of May, I received information from the police, in consequence of which I went to the houses and found the gutters cut up and removed—part of the lead now produced is such as was in the gutters of Mr. Perkins's houses.
WILLIAM FISH . I am landlord of the Jolly Farmers, near Islingtonmarket, and am also a builder. I built these houses and know them well—on Friday morning, the 6th of May, in consequence of information I received I went to the top of one of the houses, and found the lead removed
from the gutters—I had seen it safe about a month before—it was fixed to the house—a portion of lead was left—I cut a portion from it which I matched with two pieces, which I afterwards saw at the station, and they corresponded exactly.
JAMES DORM AN (police-constable N. 205.) About seven o'clock on Friday morning I was on duty on Whitmore-bridge, Hoxton—I saw both the prisoners together drawing a track, about half a mile from Islington-market—I saw it was loaded with something very heavy, and stopped them—I found in it these pieces of lead, and several more which I have at the station-house—it was covered over with an old sack, and a piece of carpet—I asked the prisoners where they brought it from—they said from a plumber named Robertson, at Kingsland—I asked where they were to take it to—they said to Dixon, a plumber, near Compton-street, Clerkenwell—I have made inquiries about the plumber at Kingsland, and there is no such person—I took them to the station-house—I went to these premises and found the lead was gone—it was afterwards compared with the lead Fish brought.
Denny's Defence. I was hired to drag the truck.
White's Defence. I was hired to drag the truck in Long-lane, Smithfield.
DENNY,— GUILTY . Aged 20.
WHITE,— GUILTY . Aged 20.
Confined Twelve Months.
(There was another indictment against the prisoners for stealing the track.)
JAMES HACKWELL . I am a glass dealer and live in Tavistock-street, Covent-garden. The prisoner had been apprenticed to me as a glass cutter—he has been with me seven years and five months—about nine o'clock on the 13th of May, in consequence of suspicion, I went to my workshop and looked over a bench where the prisoner in general worked—I found a coat tied up in a handkerchief with some hard substance in it—I called the prisoner in about half an hour, and told him to go and fetch the bundle and bring it to me—he did so, and began to cry directly and to make a noise—I took him to the station, and gave up the bundle to the policeman—it was opened in my presence, and these two pint decanters were found in it—I had not given him any leave to take them away—they were kept on a shelf in the workshop six or seven feet high—it was the prisoner's coat—he had asked leave to take it out to be mended.
SAMUEL RUTHERFORD (police-sergeant.) About nine o'clock on this evening, the prisoner was brought to Bow-street station, and given into my charge—the prosecutor gave me a bundle—I opened it in the prisoner's presence, and there found these two pint decanters wrapped up in this coat—he said nothing.
GUILTY Aged 19.— Confined Six Months.
JAMES HOBBS . I am a licensed victualler, living in Weymouth-street, Portland-place. On Thursday, the 13th of May, I was at the Grand Jury-room door of this Court—I felt something pluck my coat behind
—I felt my pocket and found that my handkerchief was gone—I saw the prisoner walking away at a quick pace—I followed him out of the Court into the street—I said to him, "Young man, I think you have got my handkerchief"—he said nothing—a policeman came up, and the prisoner had the handkerchief in his hand—this is it—it is mine—it is marked—the constable took it from him.
Prisoner. I told him I had picked it up. Witness, He said nothing of the kind—he said so at Guildhall on the Saturday, but not at the time he was taken.
SAMUEL COOMBS . I am a policeman. I saw the prisoner and the prosecutor together just outside the Court—the prosecutor accused the prisoner of taking his handkerchief—I saw the prisoner take it from under his coat, and I snatched it out of his hand—I took him into custody, and going up the Old Bailey he rushed out of my arms, and struck me several times, and gave me a black eye which I have now.
Prisoner's Defence. I am a tailor—I went to my employer for work—he told me to come in two hours—I came into the Court to pass away my time, and saw the handkerchief lying on the ground—I picked it up, and was going out when the prosecutor overtook me, and accused me of taking it—I gave it to him, and said I had picked it up a minute or two before.
GUILTY . Aged 25.— Confined Twelve Months.
LEWIS ANDREWS . I live in Nowland-buildings, Leather-lane. I am a private watchman at Thavies-inn, Holborn—I saw the prisoner about a quarter before nine o'clock on Saturday morning last, in Thavies-inn, with these five books under his arm—there was another man with him—they stopped at No. 4, Thavies-inn, placed the books on the step of the door, and the prisoner put them in an old silk handkerchief—I spoke to the other man—they were three doors apart from each other, and the prisoner was not near enough to hear what I said to the other man—the prisoner went out of the Inn with the books under his arm in the silk handkerchief—I went after him—he went to the corner of Bartlett's-buildings—I took him, and told him I wanted him to come with me directly—I gave him in charge to an officer about four doors below Bartlett's-buildings—I then took the prisoner to Mr. Darton's, and asked him in the prisoner's presence, whether the property belonged to him—he said "Yes."
Cross-examined by MR. PAYNE. Q. Were the two persons together when you first saw them? No—I spoke to the other man because he looked a suspicious character, and likewise the prisoner—he trembled at the time I spoke to the other man—I was at the door of No. 2 in the Inn, speaking to one of my employers there—they passed by me, and stopped—I asked them what they wanted—I did not speak to the prisoner—the other man made answer that he Came up the wrong turning—there is no thoroughfare through Thavies-inn—there is through Bartlett's-buildings into Fetter-lane—the prisoner was stopping when I overtook him in Bartlett's-buildings.
were his—the prisoner put his hands together, and asked him to forgive him—at the station I found 17s. 6d. in silver, and 2 1/4 d., two latchkeys, a knife, and a comb.
Cross-examined. Q. What was it he said? A. "I hope, Sir, you will forgive me"—I am sure he used the word forgive—I told the Magistrate that he said, "I hope you will not take any notice of it," but I was mistaken in the word—I did not hear him tell Mr. Dartan that he was innocent—he said, "I hope you will forgive me."
FREDERICK WILLIE . I am in the employ of John Darton and Samuel Clark, booksellers, on Holborn-hill I saw these books safe at eight o'clock, or a quarter after eight the same morning—I then left the shop—the books were on the counter by the door—these are the property of my employers.
Cross-examined. Q. Did you leave anybody in the shop when you left? A. Yes, a lad.
GUILTY . Aged 20.— Confined Three Months.
1631. JOHN JENKINS, FRANCIS MORAN , and JOHN WILLIAMS were indicted for stealing, on the 13th of May, 5 handkerchiefs, value 19s., the goods of John Wills, and another.—2nd COUNT, stating it to be 5 yards of silk.
THOMAS RADCLIFFE . I am a constable of the Animal's Friend Society. About half-past nine o'clock on the night, of the 13th of May, I saw the prisoners and two others come out of Field-lane, and proceed down Farringdon-street—the prisoners took the right hand, the other two the left—they proceeded up Ludgate-hill—I saw Williams lift up a gentleman's pocket, but he was not able to extract any thing—they then west into Cheapside, and tried another gentleman's pocket—Jenkins then went into two pastrycook's shops—after he came out, I went in, and made inquiries—after that Moran went into Wills and Withers', a hosier's shop, in the Poultry—Jenkins and Williams waited on the opposite side close together—I Watched them, I suppose, for ten minutes—they watched Moran very attentively—as he came out they made a signal to him, and they both ran across the road to him—Williams took off his hat, and put something into it which Moran passed to him—I then went into the shop, and made inquiries—when I came oat the prisoners were gone on a-head—I then proceeded on till I got a constable—I told him to take Williams while I took the other two—after a desperate resistance I captured the other two—they beat me and kicked me, but I kept hold of them—they laid down, entwined their legs in mine, and tried to throw me—I was obliged to call for assistance.
Jenkins. I was obliged to resist, or I should have been choked. Witness. I did not touch their throats at all—I caught hold of them by their blouses which they bad on.
Williams. If he saw me put any thing in my hat, I should think he would have stopped me. Witness. I stopped him as soon as I could—I did not like to stop him in the Poultry on account of the numerous vehicles passing—I thought he might escape.
WILLIAM TERRY . I live with Mr. John Wills and Henry Withers, hosiers, in the Poultry. On the night of the 13th of May, the prisoner Moran came into the shop for a pair of gloves—I showed him some—he said they were not the colour, and they were too thin—I turned round to get him
some stouter ones at 8d.—he said he could not give more than 6d.—he went out without buying any—I had seven or eight pieces of silk handkerchief lying on the counter similar to those produced—these are my employers' property—here is a ticket on this with the private mark—after Moran was gone, the officer came to me, and I went to the station, and identified the handkerchiefs there—I had not sold them.
Moran. Q. Did you see me take the handkerchiefs? A. No, I did not.
JOHN STRADLING (City police-constable, NO, 117.) Radcliffe came to me, and I went with him—Williams ran away—Radcliffe asked me to take him in charge—I ran after him, and took him in Philip-lane—I was not two yards behind him—he was in the three pair of stain of No. 2, Ann's-court, under the bedstead—as I came through the court, which is very dark, I observed a motion as if something was thrown, but there was so many people, I was afraid of losing the prisoner—I kept hold of him, and did not see what it was.
Williams. Q. Did you see me take off my hat, and throw something out? A. No, the court was so dark I could not see any thing, and it was full of people.
HANNAH BYRNE . I live at the corner of Ann's-court, Philip-lane. I heard the mob, and saw a boy in custody of a policeman—I opened my side door not many minutes afterwards, which is in Philip-lane, and found something under my feet—I stooped down, and found these handkerchiefs—I picked them up, and gave them to my husband's cousin to take to the station—these are the handkerchiefs as far as I know—I did not open them.
Jenkins' Defence. I was going to see my sister. I saw a lot of boys standing together talking about a fire; I was going to see it when the policeman caught hold of me, and took me to be a thief.
Moran's Defence. I was going down Cheapside to buy a pair of gloves, because my hands were sore; the foreman at Mr. Jones's, London-wall, where I work, gave me 6d., to get them.
Williams' Defence. I never saw the other prisoners before.
JENKINS-GUILTY. Aged 16.
MORAN-GUILTY. Aged 14.
WILLIAMS.— GUILTY .* Aged 17.
Confined Six Months.
Transported for Seven Years.
THOMAS ANDREWS . I keep the Windmill at Gravesend. On Tuesday, the 3rd of May, I employed the prisoner, at Gravesend, to do some work for me at No. 6, Clerkenwell-close—I knew nothing of him before—we had a written specification of what he was to do—he had nothing whatever to do with the roof of the house—I went to the house on the 11th, in consequence of receiving a letter—I found the lead was gone off the roof—I had not observed it for some length of time, but the lead was on the roof when I saw it last—some lead was missed, beside that on the roof, from
another house—the house's ate my property, and the lead belonged to me—it was fixed to the houses.
COMFORT LAKIN . I am the wife of Samuel Lakin, and live at No. 7, Clerkenwell-close. On Tuesday evening last, about seven o'clock, I was in my back yard, and saw the prisoner taking the lead off the side of the window, at the back attic of No. 7—I asked him what he was doing—he said he had orders to look to the smoky chimneys—I saw him come into the street, between seven and ten minutes after, out of the door of No. 6, with a bundle of lead under his arm—I asked him to bring it into my back yard—he said he had orders to take it away, and put sine in its place—I again told him to bring the lead back into my yard—he brought it back, and laid it in my yard, he then went away—he insisted on finding it when he came for it—I gave it to the policeman.
ZACHARY LANGTON . I am a policeman. The prisoner was given into my custody—I asked him what he had to say about taking the lead—he said he did not know that I had any business to ask that question—the lead was delivered to me—I tried it with that which was at the attic window in the back yard adjoining the roof of No. 7—it corresponded, nailholes, cutting, and in every respect.
THOMAS ANDREWS re-examined. I gave no orders or permission to the prisoner to remove this lead, and to put zinc instead of it—he had no business on the roof at all—the smoky chimneys were spoken of, but not the roof—the lead had not been on two years.
Prisoner's Defence. I went on the roof by Mr. Andrews's orders, to see if I could do anything to prevent the chimneys smoking; I found a portion of the lead gone; I took down the remainder, intending to replace it with zinc.
GUILTY . Aged 37.— Confined Four Months.
JOHN BARTLETT . I live in Hogg-street, Clare-market, and am in the service of Mr. Frederick Stock, a coachmaker, Nos. 28 and 29, Little Queen-street, Lincoln's-Inn-fields. I was passing by the shop about three o'clock, on the 23rd of April—I saw the prisoner come out with a carriage-glass in one hand, and a basket in the other—I asked what he was going to do with it—he said he did not know, for God's sake let him go—I gave him into custody—I missed a glass from a carriage in the shop close against the door—the glass produced is it—it is my employer's.
ARTHUR CUSHION . I am a policeman. The prisoner was given into my custody, charged with stealing a carriage-glass—he said nothing—I took him to the station, and found 6 1/2 d. in copper on him, a basket, and two painter's knives.
Cross-examined by MR. PAYNE. Q. He said he was in distress? A. He did.
(The prisoner received a good character.)
GUILTY. Aged 33.—Recommended to mercy. — Confined One Month.
1634. RICHARD BROWN was indicted for stealing, on the 5th ofMay, 2 shoes, value 2s. 6d.; the goods of William Cooper; and 1 flannel shirt, value 18d., the goods of Richard Hamilton, in a vessel in a port of entry and discharge.
SAMUEL AVELING . I am a constable employed in the East and West India Docks, which is within the port of London. On the morning of the 5th of May, about half-past nine, I saw the prisoner coming out of the export entrance of the East India Dock—I asked him what he had about him as I thought he looked rather bulky—he said, "Nothing"—I searched him, and found a new pair of shoes, one on each side of him, between his skin and his shirt, also a blue frock, and a flannel shirt—he had three shirts on, and it was a very hot day indeed—I asked him about the shoes—he said a person on board the Bucephalus gave them to him—I took him on board the ship—I saw a person on deck who said in the prisoner's presence they believed there was a person crying out below that they had lost a pair of shoes—he said nothing to that.
WILLIAM COOPER . I am a seaman belonging to the Bucephalus, which was in the East India Docks on the 5th of May. These shoes are mine—they were in my chest—I took them out that morning with a pair of trowsers, and put them on another man's chest while I put my trowsers on—I missed them in two minutes afterwards—I had seen the prisoner on board the ship that morning for two hours—he was afterwards brought back to the ship with the shoes—I said I had lost them—he said nothing—he had no right on board.
Prisoner's Defence. I went on board to fetch two men's things; a man told me to stop on deck and he would send them up—these things were handed up to me from below and I took them on shore.
GUILTY . Aged 68.— Confined Six Months.
OLD COURT.—Tuesday, May 18th, 1842.
Jury half Foreigners, before Edward Bullock, Esq.
1635. JOSEPH M'KENZIE was indicted for stealing, on the 7th of May, 1 pair of trowsers, value 4s.; 1 razor, value 4d.; 2 pence; 5 halfpence; and 1 farthing; the property of Phillip Mandy, in a certain vessel in a port of entry and discharge.
PHILLIP MANDY . I am ship-keeper of the John, a vessel lying in the West India Export Dock. On Saturday morning, the 7th of May, when I unlocked the door, I missed a pair of trowsers, and found my bed and things all turned over—on looking further I missed a razor, a comb, and 4 3/4 d.—I was on shore the night before, and it was when I came back in the morning I missed them—the trowsers had been under the bed in my berth, and the other things in a little box—when the prisoner was taken he had the trowsers on him under his own—I knew them directly—they were formerly my son's—these are them—I have had them about two years, but not worn them—the key of my berth hung up behind the door, so that he could get it, but the ship was entered by the skylight.
JOSEPH MONTAGUE . I am a constable of the East and West India Docks. On the morning of the 7th of May I received information and stopped the prisoner coming from the Export Dock to go out—he had this jacket, waistcoat,
pair of trowsers, and other things with him, and the prosecutor's trowsers were on his person, he was wearing them under his canvas trowsers—I found the razor and comb in his pocket, and 4Â3/4d. in money.
Prisoner. Q. Is there any mark on the trowsers? A. No, but they have no pockets and the button holes are not close to the lappel—I know them well and swear to their being mine—the razor is loose in the handle—I have used it constantly.
Prisoner's Defence. There are plenty of clothes like these; I did not get in by the door but by the sky-light.
GUILTY .* Aged 20.— Transported for Ten Years.
(There were two other indictments against the prisoner.)
Second Jury, before Edward Bullock, Esq.
SAMUEL WELLS . I am an ironmonger, and live in Old-street-road; On the evening of the 2nd of May, about six o'clock, the prisoner came to my shop and asked for a halfpenny worth of nails—I served him—he paid for them—he was at the further end of the counter which there was no occasion for—as he was leaving I had suspicion, and stopped him two or three doors off, and saw something under his jacket—I said "You rascal what have you got there?"—he said he was going to take it home to show his mother—he had not asked for anything to show his mother—I took the parcel of ten padlocks from him, and gave him in charge—they are my padlocks, they were in the shop before he-came in—I saw them there that day on the counter.
Prisoner's Defence. Coming out of the shop I saw a young chap who I knew; I hallooed out to him to stop; he dropped a parcel, I picked it up, and Mr. Wells came out and took me. GUILTY. Aged 17.—Recommended to mercy by the Prosecutor. — Confined Six Months.
JOHN POOLE . I am in the service of Alexander Rogers, a chemist of Wardour-street. On the 16th of April, between ten and eleven o'clock at night the prisoner came for an ounce of salts—he said he wanted to take them there—I gave him a tumbler and a bottle with water in it—he complained of the water being greasy—I left him while I went to get more water—I heard a bustle in the shop, came back, and missed him and the desk produced, which was on the counter when I left him—a girl gave me information—I saw the prisoner about twenty doors off with the desk—I called "Stop thief," and in Meard-street he flung it down and ran off—I took it up and went back to the shop—I did not see him again till the 2nd of May—I am certain of him—he left the salts behind him.
was a cash-box in it, but it was empty fortunately—I have kept money in it previously.
Prisoner. It is the first time I have been in custody; I always bore a good character.
Aged 18.— Confined Six Months.
HENRY DUNCAN . I am servant to the captain of the ship Madagascar from Calcutta. On the 5th of May the ship was in the East India Docks—I removed my chest, hammock, and other things to No. 3, Crispbird East India-road—I covered my jacket over a bird-cage to keep the warm—there were two silk handkerchiefs in the pocket—I stopped the cart at the dock gates to take in another chest—the prisoner was about the cart then—I went on to my lodgings—the cart came shortly afterwards—another man was driving it—I then missed my jacket and two silk handkerchiefs, which are here.
Prisoner. I was never in the East India Docks the whole day. Witness. I am sure I saw him at the gate outside about two o'clock—I have not a doubt of his person.
THOMAS SHEEN . I am a policeman. I received information from Duncan, and from the man who drove the cart—in consequence of which I went to the Red Lion, High-street, Poplar, and saw the prisoner—I asked him what he had done with that jacket—he said, "I pledged it at Mr. Holly's, High-street"—I took him to the station, and found 4d. on him—I asked him where the duplicate of the jacket was—he said he gave it to the person who sent him to pledge them—I asked if he knew the person—he said he did not, they called him pussey—next morning he told me the person's name was Hughes.
GEORGE HANCE . I am shopman to Holly, a pawnbroker, in High-street, Poplar. This jacket and two handkerchiefs were pawned by the prisoner, about three o'clock in the afternoon, in the name of John Smith—I asked him whose property it was—he said it was his own—he said nothing about pussey or Hughes.
Prisoner's Defence. I was sitting in a public-house; two sailors came in, and one of them had a jacket, the other had none; he asked me to go and pawn his jacket; I went, and brought him the duplicate, and money, and he gave me a drop of beer.
(The prisoner received a good character.) GUILTY. Aged 20.—Strongly recommended to mercy by the Prosecutor and Jury. — Confined Three Months.
Before Mr. Recorder.
1639. WILLIAM BRACE and MARY ANN BOULTON were indicted for feloniously assaulting Jane Lucas, on the 10th of April, putting her in fear and danger of her life, and taking from her person, and against her will, 1 bonnet, value 1s., and 1 shawl, value 1s.; and beating and striking her, before, at the time, and after the said robbery; and that they had both been previously convicted of felony.
JANE LUCAS . I live at Blue Anchor-court, Brook-street, Ratcliffe. On the night of the 10th of May I was in Brook-street, returning home to my father's, and saw the prisoners there—I had a shawl round my neck—the prisoners appeared to be quarrelling—as I passed, Boulton made a
snatch at my shawl to pull it off my neck—I asked her what she meant by molesting me in that sort of manner—I crossed the road—she followed me, struck, and knocked me down with one hand, and took my bonnet and shawl with the other—Brace came up, and inquired what was the matter, struck me, and was in the act of repeating the blow, when Boulton pulled him away—I was on the flag-stone at the time, on the ground—I recovered a little, and told Boulton I should give her into custody as soon as I could meet with a policeman—she did not strike me again—the blow she gave me was in the mouth and made it bleed—I was in the company of a young man at the time—he did not resist them—Boulton took my bonnet and shawl across the road into her own house—they both went together—I got a policeman, and gave them in charge—the bonnet and shawl produced are mine—I never saw the prisoners before to my knowledge.
HENRY GOULD (police-constable K 19.) I went with the prosecutrix to No. 73, Brook-street, and found the prisoners there—she complained of the prisoners taking her shawl and bonnet, which I found in the room the prisoners were in—they both denied the charge.
Brace. I was quite intoxicated. Witness. They had been drinking, but were quite capable of knowing what they were about.
WILLIAM TAPLIN (police-constable K 234.) On the night of the 10th of May, about half an hour before this, I saw the prisoners together in Brook-street—they were the worse for liquor, but quite sensible, and knew what they were about.
Brace. Q. You know we were very much in liquor? A. You had been drinking freely—it was about half-past twelve o'clock the night this happened.
JURY. Q. Was he recovered from the drink? A. When he was taken into custody he was so far recovered as to be able to stand up and put his handkerchief and things on properly, and I spoke to both of them about the things—he was more in liquor when I first saw him—both said they knew nothing of them—they understood my question quite well.
Brace's Defence. I knew nothing about it more than a child; when I was in the station in the morning I asked two or three persons what I was there for; I then said to the woman, "What are we here for?" she said, "About a bonnet and shawl;" I know nothing about it, and have no recollection whatever of coming to the house, I knew nothing about it till I found myself in the station; the policeman had to hold me while I went up the stairs of the station; I dare say they insulted us as much as we insulted them.
HENRY GOULD re-examined. I produce a certificate of the prisoners' former conviction, from Mr. Clark's office—(read)—the prisoners are the persons, but their names are different—I have seen them nearly every night since they have been out of prison, patrolling the streets.
BRACE— GUILTY . Aged 29.
BOULTON— GUILTY .
Transported for Fifteen Years.
1640. CAROLINE AMELIA FLETCHER was indicted for stealing, on the 20th of April, at St. Paul, Shadwell, 1 apron, value 6d., the goods of Henry Brown: 1 bonnet, value 3d.; 1 shawl, value 1s.; 4 handkerchiefs, value 6s.; 1 petticoat, value 18d.; 1 apron, value 6d.; 1 pair of boots, value 1s.; 5 sovereigns, 4 shillings, and 1 penny; the property of Catherine Harvey, her mistress, in her dwelling-house.—2nd COUNT, stating it to be the property of Frederick Harvey, in his dwelling-house.
CATHERINE HARVEY . I am the wife of Frederick Harvey, of No. 94, New Gravel-lane, in the parish of St. Paul, Shadwell, and occupy the house. My children brought the prisoner to my door on Easter Saturday—she seemed in distress—I gave her some victuals and some old clothes to wear, and promised to try to get her into some place—she staid three weeks with me entirely on charity—on the 20th of April she lighted a fire in my room—I fell asleep after that, and on awaking she was gone—I went to my box in my room—it was open—the key had been in my daughter's pocket during the night—I found it on the table—I missed from the box five sovereigns, four shillings, and one penny, which the prisoner had seen me put there the Saturday before; also a pair of boots, a shawl, four silk handkerchiefs, an apron, and a white petticoat—she was afterwards apprehended, and the shawl, bonnet, apron, and boots were found on her—I had not given her any of them (the apron belongs to Mary Ann Brown) she had told roe she had no friends at all, but I found her aunt in Chapel-street, who said she had been gone away three-quarters of an hour, but I went and found she was getting over the yard at the back of the house—I caught her, and said if she would give up my property I would not give her in charge; that she had taken all I had to maintain my children—I gave her in charge of a policeman in Charles-street.
Prisoner. The woman gave me the apron, and told me to put the boots on; I never saw the money or the handkerchief. Witness. I did not—I was asleep at the time—she was in the habit of having the key of my door, because she was the first to come down in the morning—she was taken about half-past twelve o'clock—she left my room about eight o'clock in the morning—I knew nothing of her before.
MART ANN BROWN . I am the wife of Henry Brown, and lodge with Mrs. Harvey—I sleep in the same room with her. On Wednesday morning, the 20th of April, the prisoner lighted a fire, and I saw her go to the box, while Mrs. Harvey was asleep—she used frequently to open the box for Mrs. Harvey, who often sent her to it, and I thought nothing of it—when she left the room she told me she was going for some new bread for breakfast—she did not come back—I missed a cotton apron, which was found on her—I bad not given it to her.
ANN PRICTOR . I am the wife of James Prictor, of No. 3, Chapel-street, St. George's. My sister married the prisoner's father when she was about five years old—she nursed my child for eighteen months, and was a very good girl then—she came to me on this Wednesday morning, about twelve o'clock, and said she had left her place, that her mistress had sold her things and gone to Liverpool—she had a parcel, containing print enough to make five aprons—she asked if I could tell her of a place—I said no—she said, did I think her father and mother would take her home again—I said she might stop at my house till I went to inquire whether they would—she had run away from them about eight months ago—she had a pair of cotton stockings and some cotton, which she said she had bought in the Highway—in half-an-hour after Mrs. Harvey came and asked for Caroline, which was not the prisoner's name—I told her I did not know such a person, and asked if she was married to a sailor—she said no, she was a girl—I said, "There is a girl here, Amelia Fletcher"—I sent the prisoner down to answer the door—she was frightened, and got over the pales of the yard—she put 1d. on my table—she did not produce any more money to me.
into my charge—I asked her what she had done with the money—she said she had never seen it—I took her to the station—in the meantime her aunt brought this parcel, containing the print—the prisoner told me she had bought it at two or three different shops, but I could not hear of her at either of them—I produce the clothes, which were found on her—the bonnet, shawl, boots, apron, and 1d., were found on her—the new cotton is worth about 2s. 9d.
MRS. HARVEY re-examined. These things are mine;—I gave her the shawl and petticoat—these boots are mine—she left me without any boots to put on, and she cut up a pair of her own.
ANN HARVEY . I am the daughter of the prosecutrix—the prisoner slept with me—on Tuesday night I put my pocket under the pillow—I had three shillings, a penny, and a halfpenny, in it, and seven keys on a bunch, one of which belonged to the box—about three o'clock I was awoke, and found her dressed, and sitting up in the bed—I asked what she wasted—she said I had frightened her—I went to sleep again—when I awoke next morning she was gone—I found my pocket on the-chair, and the key of the box gone from it—I afterwards found it on the table.
Prisoner. You know you frightened me overnight, and you left the key yourself on the table; you blew the light out, and said there was a man had hung himself in the cellar; I got up and dressed myself directly. Witness. I did not say so—she gave the candle to a lodger to go up stairs with, and she came down in the dark—I never told her a man had hung himself in the cellar—I did not fasten the bed-room door—I was in bed when she came down—she kept the key of my mother's room.
Prisoner's Defence. I know nothing of the money, silk handkerchief, or white petticoat.
GUILTY . † Aged 15.— Transported for Ten Years.
1641. FRANCIS CARNEY was indicted for unlawfully and feloniously assaulting Mary Ann Jones, on the 14th of April, and cutting and wounding her in and upon her head, with intent to do her some grievous bodily harm.
CORNELIUS MARTIN . I am a labourer, and live in Monmouth-street, Cannon-street-road. On the night of the 14th of April, from nine o'clock till eleven, I was at the Royal Crown, and saw the prisoner and a female, named Mary Ann Jones, at very high words—I saw the prisoner strike her once or twice with, his fist in the mouth—I afterwards saw him take up a poker, and threaten to hit her on the head with it—he threw it down among the ashes, as I interfered—I afterwards heard her exclaim that he bad hit her on the head—she did not say what with—I turned round, and he was standing by the fire-place, with the poker in his hand—he did nothing with the poker—she was at the other end of the room, six yards off—he put the poker down into the ashes a second time—I saw a wound on the top of her head, which was bleeding—he walked out of the room, and she walked out after him—I believe they were both in liquor—they had been drinking together for an hour, and she aggravated him to it, calling him very bad names, and his mother too—when he hit her with his fist she called him names—he took out the poker and said he would hit with it if she did not get out of his way.
Prisoner. I never hit her with the poker at all; she called me very bad names, and my mother too.
CHARLES HUNNISETT (police-constable K 151.) I heard a cry of "Stop thief" near the Royal Crown on this night, and saw the prisoner run across the road from the house, pursued by other persons—another man found him lying down under a wall—he was charged with having done something in the public-house—he said nothing, but in going to the station he said he hoped I would be lenient with him.
Prisoner. I was not lying under a wall; I fell down, in consequence of a cart going by.
JAMES KEEL . I am pot-boy at the Royal Crown. Between eleven and twelve o'clock I was going into the tap-room, and saw the prisoner take the poker up, and strike the young woman with it—I noticed blood come from her head, but not much—they were both having very high words, and when she went out of the room he followed her out—it was a single blow.
WILLIAM MEREITT HARTLEBURY DAY . I am house surgeon at the London Hospital. Mary Ann Jones was brought there on Friday morning—I examined her head—she had received a lacerated wound of the scalp, of about two inches in extent, and a contusion of the back of the right shoulder—there was a little extravasation of blood—it might have been attended with serious consequences if neglected—it was such a wound as a poker would make—it extended through the scalp, it broke the skin, but not the bone.
Prisoner's Defence. I was very tipsy at the time; I do not recollect taking up the poker at all.
GUILTY of an Assault.— Confined One Year.
1642. SAMUEL LEWIS was indicted for feloniously assaulting Jane Hemmings on the 8th of April, and cutting and wounding her in and upon her right arm and lower lip, with intent to do her some grievous bodily harm.
ROBERT HOARE (police-constable D 72). On the evening of the 8th of April I met the prosecutrix, Jane Hemmings, opposite Harcourt-street—her arm was cut, and was all in a gore of blood—the blood was running from it—it seemed cut across about two inches and a half or three inches long, and was laid open—her mouth was covered with blood—I took her to the dispensary, and had the wound dressed—I afterwards went to No. 15, Providence-place, and found the prisoner there—she said, "That is the man who cut me"—I said to him, "You are my prisoner"—there was a white-handled knife lying on the table—he said, "I don't care a d—n, it is not the first time I have been locked up"—the woman said in his presence, "That is not the knife he cut me with," and went to the cupboard and brought a knife from under several others, and said, "This is the knife he cut me with"—the prisoner said, "It is not, that is the knife I cut her with," meaning the one on the table—there was no blood on either knife—on the way to the station he said, "She pawned a shirt for 1s., and she had no business to do it"—I did not consider the prisoner to be in liquor.
JAMES COLTHIRST BODGER . I am assistant-apothecary to the Western Dispensary, New-road—the woman was brought in—I found a wound on her right arm, such as a knife would produce—it was about three inches long, and her lip had a small wound—the arm was cut inside as if she had been holding it up to protect her face, and received it.
Prisoner's Defence. I struck her; she called me bad names; a dog
flew at me when I struck her; I flew at the dog, and she pushed the knife out of my hand, and cut her arm in trying to pull the dog from under the bed.
ROBERT HOARE re-examined. There was a dog followed him to the station, and wanted to remain with him in the cell, I could hardly get it away—it did not appear likely to fly at him, it was so fond of him.
GUILTY of an Assault. Aged 29.— Confined One Year.
GEORGE WELBORNE . I am a chemist, and live at Ratcliff-highway, in the parish of St. George in the East—the prisoner occupied my first-floor, furnished. On the 27th of April he did not come home—I went into his room and missed six spoons and a pair of sugar-tongs—the spoons were in the room for his use—the sugar-tongs he had borrowed on the previous Sunday—he was taken into custody on the 3rd of May.
Cross-examined by MR. CLARKSON. Q. He has been a seafaring man, has he not? A. He said he was a steward on board a steam-boat which was not then running, and he had removed from the other side of the water to be about an equal distance between the steam-boat and his father's house in the Mile-end-road—I received a letter from him before he was taken—I have not got it here—there was no address to it nor any clue to his friends—it did not tell me he had pawned the things and would restore them to me—he left his clothes at my house—1l: rent was in arrear—it was 10s. a week—I have received the rent since, which was 2l. from the 10th April to 10th May—that was a week beyond the time he was found—the keys were not delivered up till he was in custody—he was taken at 12, Suffolk-street, St. George's—the officer told him he had come to take him for taking my spoons and sugar-tongs—he said, "Oh, I hare them here, I was about to bring them to Mr. Welborne," and produced them—I found they had been pawned and redeemed—he said he redeemed them, and was about to bring them to us—since that I have received the rent up to the week ending the 10th of May, which inclnded 2s. he was in my debt for medicine—my wife asked for the sugar-tongs, which made them leave.
WILLIAM ARGENT (police-constable H 126). I went to No. 12, Suffolk-street, Cannon-street, on the 3rd of May, and found the prisoner in bed——I asked him if his name was Henry Lawrence—he said "Yes"—I said I had come respecting some spoons of Mr. Welborne's—he said "Stop," and I told him to open the shutters, that I might hare light—he said, "You need not search for the spoons, I have got them," handing them to me—"I was going to bring them to Mr. Welborne."
JOHN CHUBB . I am foreman to Mr. Reynolds, a pawnbroker, of Mile-end, three quarters of a mile from the prisoner's lodgings—the sugar-tongs were pawned on the 25th of April, by the prisoner—he came on the 2nd of May, about nine o'clock in the morning, and redeemed them—he paid 6s. for them.
JAMES RATCLIFF CHESTER . I am a pawnbroker—a table-spoon, similar to this one, was pawned with me, and was taken out on the 13th of April—two on the 13th of April, and the rest on the Monday previous to the 14th of May—he pawned two on the 19th, two on the 7th, and two on the 15th—two were redeemed on the 13th of April, and two on Monday, the 2nd. of May. NOT GUILTY .
1644. CHARLOTTE DRAKE was indicted for stealing, on the 18th of April, at St. Marylebone, in the dwelling-house of Thomas Cooper, I watch, value 14l.; 1 neck-chain, value 4l.; 1 pair of ear-rings, value 18s.; 1 toothpick, value 7s.; 1 brooch, value 7s.; 1 box, value 3s.; 6 spoons, value 1l. 10s.; 1 pair of sugar-tongs, value 12s.; 1 bodkin and case, value 1s.; 1 pair of scissors, value 8d.; 1 pair of stockings, value 1s.; 2 watch-keys, value 1l.; 1 seal, value 10s.; 1 ring, value 10s.; 2 sovereigns, and 110l. Bank-note; the property of Samuel Syred: and MARGARET BARRY and WILLIAM GOWLAND , for feloniously receiving 1 watch, value 14;l.; 2 watch-keys, value 1l.; 1 seal, value 10s.; and I ring, value 10s.; part and parcel of the said goods, well knowing them to have been stolen; against the Statute, &c.—3 other COUNTS, stating it to be the property of Elizabeth Syred.
MR. DOANK conducted the Prosecution.
ELIZABETH SYRED . I am the wife of Samuel Syred, who lives in the country, I believe—at the time in question I was living at No. 7, Spring-street, Portman-square, in the parish of St. Marylebone—Thomas Cooper occupies the house. On the 11th of April the prisoner Drake proposed to take half my bed, and lodge with me at 2s. a week, she came that evening—on the 16th of April I missed from a box six silver spoons and a pair of sugar-tongs—I thought I might have mislaid them, and made inquiry about them—on Sunday, the 17th, I told Drake she must go on the Monday, which she did in the morning—two days after I searched a large box of mine, not the one the spoons were in, and missed from it a small mahogany box containing a 10l. note, two sovereigns, a gold watch, a gold neck-chain, and the other articles stated in the indictment—I hare seen some of them since.
COURT. Q. What is your husband? A. He was a servant five years ago, when I lived with him—I do not know anything more about him—I have not seen him for five years—I have been in service till within a few months, and gave fourteen guineas for the watch in Norwich—I was cook and house-keeper for nine years in the same family, and have been living on my savings for the last few months.
Cross-examined by MR. PAYNE. Q. How do you get your living? A. I was living on what little I had got by me—I got this property in service.
JAMES LARK . I am inspector of police at Woodbridge. On Thursday, the 5th of May, in consequence of information, I went with a search-warrant to the father of Drake, a labouring man, at Redfield-street, Woodbridge, and found her and her mother there—I told her I was come with a search-warrant to search for property stolen from London—the prisoner asked me what property—I said, I dare say she could tell me better than I could myself, and asked her to show me her boxes—she showed me two boxes—I searched a clothes-box, found a small mahogany box in it, opened it, and it contained a gold neck-chain, which I produced, a gold brooch, a gold tooth-pick, a bodkin and case, and a pair of small scissors—in the large box I found a pair of stockings marked "E. S."—I took a pair of gold ear-rings out of her ears—while I examined the box, I saw her put something into her bosom, and took from her bosom six silver tea-spoons and a pair of sugar-tongs—I took her to my house—her uncle came to see her there, and requested her to tell the truth about the matter,
and asked what she had done with the 10l. note—the did not answer it—a question was put about the watch, which she answered—I found a quantity of wearing apparel in her boxes, some appeared to be new—I found a half-sovereign in the small box, and 8s. 6d. in her pocket.
ANN DRAKE . I am a servant out of place. The prisoner is my sister—I lodged at No. 2, Molineaux-atreet, West-end, at the time I was examined—I have left now—I lived there about three weeks ago—several servants lodged in the house—the prisoners Gowland and Barry had the second floor front and back room—they had their dinner and breakfast always together, and kept the lodging-rooms jointly—they lived in the front room, and the servants, who lodged with them, slept in the back room—they did not keep the house, only the second floor—a day or two after I had been there, Mrs. Barry told me my sister had been staying with her for a fortnight, and had taken her a watch to sell, and she said Mr. Gowland had taken it out to sell—that was all she told me about it then—when I beard my sister was taken in the country, I came home to Mrs. Barry's house and told her I heard my sister was taken for the robbery—I told her about the watch—it was about ten o'clock at night—she went and called Gowland up, and after that we all three went out to get it out of pledge—I stood at the corner of the street till she came back—it was the same night—I went out with the two prisoners—they walked together, and I by the side of them—we went into Oxford-street—Barry went into some back street, I and Gowland stood at the corner till she came back—I cannot say where she went—she was gone about ten minutes—when she came back she told Gowland to take the watch, and put it into hit pocket—she put it into his hand—we all went home, and went to bed—when we were going to bed, she said we must get up very early in the morning, and take this watch down into the City—I had told them I had an uncle living in the City—the said they must get up very early and take it to my uncle, who was to take it and give it up to the Lord Mayor, or to the prisoner Drake—we got up next morning a little after six, and had breakfast—Mrs. Barry said, "Be as quick as possible, and take the watch into the City"—we were going into the City, and met a constable coming—I told him Gowland had got the watch, and they were apprehended.
Cross-examined by MR. CLARKSON. Q. You thought your titter was going to be examined before the Lord Mayor, did not you? A. No, I knew nothing of it.
Cross-examined by MR. PATHS. Q. Do you know how long your sister had been out of place when she went to live with Mrs. Syred? A. I did not know she had led her place—she has been out of place, I understand, about four months altogether—I do not know Mrs. Syred at all.
WILLIAM TOLHERST . I am a policeman. I took Gowland into custody in consequence of what the witness Drake told me—I told him he must give me the watch—he gave me a watch, seal, two keys, and a ring, and said he was going to give them to the Lord Mayor, that he understood Drake was there, and if she was not at the Mansion-house, he was going to Clerkenwell to see if she was there—I went to Barry, in Molineaux-street, and told her I wanted her to go with me—she told me to go up stairs while she put on her boots, gown, and bonnet—I did so, and while I was up there, she said Drake told her she had taken the watch from a
gentleman's dressing-table, and she had given it to her to sell for 1l., but she thought she would not sell it, but pledge it, which she did, for 27s.—I took her to the station.
Cross-examined by MR. PHILLIPS. Q. Was what she said, that she wished her to take it, and sell it, to pay herself for the time she had been stopping there? A. That was part of it—she said she bad better pledge it, or take and pledge it for 27s.—I am quite sure of that—I am not under a charge myself on the subject of what I did in this matter—I have received no communication from the Commissioners of Police—not since or at any time—when Barry was in custody, I went to her house—I did not enter in a book the names of the articles I had taken—they were not all entered on the charge-sheet.
Q. Did you affect to enter them at all at first? A. I was detained so long, running about to Piccadilly and Soho-square, I placed them in a box for safety.
COURT. Q. Placed what things? A. Ten sovereigns and a gold ring, &c., which I got in a room occupied by Mrs. Barry.
MR. PHILLIPS. Q. Did you enter the ten sovereigns as part of the articles you had taken away? A. No—I forgot them—I did not enter the diamond-ring—they were all left at home—I forgot it—I left a Savings'-bank book for 30l. at the station—I had not got to enter it—it was left there for them to enter—I took it away, and left it at the station—it is in general the duty of a constable taking things from a house, to enter them as being taken from that house—I took the sovereigns, diamondring, and Bank-book to the station at the same time, and left them there—it was not my place to enter the Bank-book—there were some articles omitted to be entered—I was running about in search of a belt, supposed to be stolen, and went and took them to the station for safety—I took them, because there was other property supposed to be stolen—I told the Magistrate I had mentioned the ten sovereigns to the inspector, and left them—he was called, and denied it to my face—I believe I also took one or two gold rings, and two gold brooches, and four spoons—on my oath, I did not say I only took one spoon, this is another case altogether.
COURT. Q. Has this property been claimed by anybody else? A. It has all been given up to a gentleman—I took all this property away because all the drawers were broken open, and I went to look for other property that was stolen—at the charge of Mr. Pritcher, who lost a silver watch and silver snuff-box—the ten sovereigns, ring, and spoons, had nothing to do with it.
MR. PHILLIPS. Q. Was it not in your private room in the station that you locked them up? A. It was—I had nothing to do with entering in the books of the station articles I brought from the house—the inspector is Sergeant Jackson—the sister was in the house at the time.
MRS. SYRED re-examined. This is my mahogany box, which I missed—I have looked at all the articles here, they belong to me—the property is worth 10l., and more—these stockings are mine.
Cross-examined by MR. PAYNE. Q. What do you know by any mark? A. I know the spoons, watch, brooch, and chain—I am quite sure of them—I lost the box altogether, with the 10l. note, two sovereigns, and other things.
house? A. My sister told me she had been lodging in the street, but I did not know it was the same house—I lived at Mr. Sheperson's, an artist, of Sherrard-street, and left there because my sister took the place when she came from the country—I believe she was in the hospital, and had a brain-fever, or something—she was there about two months ago.
(Martha Hewitt, of Doughty-mews; Mary Ann Turner, and Susan Luke, of Hereford-street, Paddington, gave Drake a good character.)
DRAKE— GUILTY. Aged 17.— Judgment respited.
BARRY and GOWLAND— NOT GUILTY .
First Jury, before Mr. Recorder.
ANN WALTERS . I live with my father, John Trinder Walters, at No. 51, Great Wild-street. On the 3rd of May, in the afternoon, I was behind my father's counter in the shop—the prisoner and another woman came in—a pair of shoes were shown to them—the prisoner went to the door, and unpinned a frock—I thought she was going to look at it—in about a minute she walked away with it—I followed her into Great Queen-street, and asked her for the frock she had taken from the door-way—she said she had not got it, and knew nothing about it—I gave her in charge—the frock was produced at the station.
JANE GARLAND . I am the wife of Thomas Garland, a policeman. On the 3rd of May the prisoner was brought to the station—I searched her, and found fourteen duplicates on her, and this frock concealed under her clothes—she appeared as if she was very tipsy till I took this from her, but then she appeared very different, and was quite abusive.
(Property produced and sworn to.)
(The prisoner put in a written defence, stating that she was intoxicated, and unconscious of what she was doing.)
GUILTY. Aged 28.—Recommended to mercy. — Confined One Month.
1646. JAMES SIMPSON and JAMES SHANNON were indicted for stealing, on the 29th of April, at St. Marylebone, 6 pairs of boots, value 1l. 13s., and 15 pairs of shoes, value 4l. 2s., the goods of William Jones and others, in the dwelling-house of the said William Jones; and that they had both been previously convicted of felony.
JAMES LAWSON . I am a stable-man, and live in Wilstead-yard, Seymour-place, Marylebone. On the night of the 29th of April I was at a shoemaker's shop, in Crawford-street, and saw Shannon come out of Wilson and Jones's shop with a bundle of shoes in his hand—he went three doors on to the leather-cutters, and then the shoes fell down, and all tumbled about—Simpson spread an apron out, and put them into it—I gave information at the shop—I thought at first he belonged to the shop—the shopman came out, ran up, and collared both the prisoners—Shannon broke away from him, but before that he had put the shop-ticket down the area of a leather-cutter's—I am sure he is the man that came out with the shoes, and Simpson was helping him in the street.
GEORGE WATSON . I am shopman to Alexander Wilson, William Jones, and another, of No. 84, Crawford-street, Marylebone—Mr. Jones lives in the house. In consequence of information from Law son, I ran into the street, and saw the two prisoners tying the shoes up in this apron, three doors off—Shannon got away—I am certain of him—I secured Simpson—inside there were six pairs of boots, and fifteen pairs of shoes—they had been the shop—I know them, they are marked, and are worth 5l. 15s. 6d.—a few minutes after Shannon was brought in—the shop-ticket was attached to them.
JOHN TURNER (police-constable D 39.) Simpson was given into my custody in the shop, with the boots and shoes—he said he did not steal them—I asked him where he lived—he refused to tell me, or give his name.
RICHARD BOURKE (police-constable D 70.) I was on duty at the end of Montague-square—I saw Shannon running, and stopped him—he was charged with stealing boots and shoes—he said he only picked them up from another man, that he might as well have them as anybody else.,
Shannon's Defence. Coming up Crawford-street, a man ran away and dropped the boots; Simpson was standing by them, and said, "Young man, assist me in taking these into the shop; "I said yes, and was helping him; the prosecutor laid hold of me; I was frightened, and ran away; a man called "Stop thief" after me, and I stopped; Bourke came up, and took me to the station; I did not say what he says.
MR. LAWSON re-examined. Shannon took the shoes—I saw him run out of the shop with them.
JAMES BLOOM (police-constable E 98.) I produce a certificate of Shannon's former conviction from Mr. Gilby's office, the Clerk of the Peace for Westminster—(read)—the prisoner is the person—I was present at the trial.
SIMPSON*— GUILTY . Aged 18.
SHANNON*— GUILTY . Aged 19.
Transported for Ten Years.
GUILTY .— Confined Nine Months.
NEW COURT.—Tuesday, May 17th, 1842.
Sixth Jury, before Mr. Common Sergeant.
JOSEPH TUCK . I am gate-keeper at the East India Docks. On the 5th of May, about half-past seven o'clock, I was called, and took the prisoner into custody—I found this pair of boots on him—he said be had taken them from the chest of Edward Scully—Scully was present and heard that, and said they were his boots—the prisoner afterwards said he should not have taken them if he had known they had been in use—the
prosecutor is a sailor—I saw him standing in this Court last night—he is not here this morning.
Prisoner's Defence. I had been at work at six o'clock in the morning; they sent roe down between decks to get some water-casks; the deck was wet; I saw these shoes lying about, and 1 put them on; I did not mean to steal them.