CENTRAL CRIMINAL COURT.
NINTH SESSION, HELD JULY 4TH, 1842.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, July 4th, 1842, and following Days.
Before the Right Honourable Sir JOHN PIRIE, Bart., LORD MAYOR of the City of London; Sir Edmund Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Guraey, Knt., one other of the Barons of Her Majesty's Court of Exchequer; Sir John Williams, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir John Key, Bart.; Sir Peter Laurie, Knt; Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Lainson, Esq.; Michael Gibbs, Esq.; John Johnson, Esq.; and Sir George Carroll, Knt.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
PIRIE, MAYOR NINTH SISSION.
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, July 4th, 1842.
First Jury, before Mr. Common Sergeant.
MESSRS. ERLE, CLARKSON, and UDALL conducted the Prosecution.
HENRY BAINES . I am clerk to the acting associate of the Court of Exchequer. I produce an agreement which was set up on the trial of "Timewell and Mann"—it came into my possession on the 25th of April, 1842—it was given me by Mr. Morris, that evening, and ordered to be impounded by Mr. Baron Gurney—It has been in my possession ever since.
Cross-examined by MR. PHILLIPS. Q. Were you in the Court of Exchequer during the trial? A. During a portion of it—I was not present when this document was important—it was given me by Mr. Morris, who is at present engaged in the Court of Exchequer—there is an indorsement by Mr. Morris on it—I did not see him indorse it.
(Mr. Morris was sent for. but on his arrival was not examined.)
CONRAD MAJOR WEBB . I live in the Edgware-road. I was in possession of the house No. 11, Stanhope-terrace, as mortgagee, under a lease granted by Mr. Oldershaw to a Mr. Stevenson—I sold the house to Mr. Timewell—I was mortgage in possession at the time—this is the assignment I executed on that occasion—(looking at it)—it is for 1300l.—the purchase was completed on the 21st of April, last year—in the course of the negociation for those premises the defendant Munn called on me several times—he described himself as being Mr. Timewell's managing man—he said that Mr. Timewell's health was indifferent, that he was obliged often to be in the country, and he conducted his business for him during his absence Bloomfield Webb is my brother—he was a party to the assignment—(The assignment was dated 21st April, 1841, between Conrad Major-Webb, cheesemonger; Bloomfield Webb, cheesemonger; and James Timewell—it recited an indenture, of 24 th November, 1838, by which the premises were leased by Mr. Oldershaw to Mr. Stevenson, for thirty-one years, at the yearly rent of 65l.; and also the sale by Mr. Webb to Mr. Timewell, for 1300l)
Cross-examined by MR. PHILLIPS. Q. Had you been in treaty with anybody else about letting these premises? A. With several others—a livery-stable keeper, named Kiddy, came once—I did not offer to let the premises to him—he came to treat about them—I told him they were to be sold, not to be let—I never offered them to him at 150l. a year.
JAMES TIMEWELL . I am the prosecutor of this indictment—I have carried on business as a corn-chandler for sixteen or seventeen years, at No. 96, Connaught-terrace. In January, 1839, I took the defendant Munn into my employment—I had been in a very delicate state of health for some years previous to that—I agreed with Munn, that if he came to manage my business, I would give him for his services equal to one-third of the net profits for the first two years, and after that equal to the halfhe came into my employ on those terms—Rouse was also in my employ, as carman, for three or four years, at least a considerable time before Munn came into my employment—he left me in May, 1841, after Munn left, and went to live with Munn—Barton was also my servant—lie was a carman, and made himself generally useful in the corn business—he is Munn's wife's brother—after I had taken Munn into my employ I left the whole of the shop business to him—I left No. 96, Connaughtterrace for him to live in—prior to his coming into my employ he borrowed 100l. of me—he managed my books, and had possession of them—I attended the markets principally, on the Corn Exchange and the Haymarket, and paid bills, and so on—I always paid, at least generally paid—in 1840 I entered into a treaty to dispose of my business in Connaughtterrace, but did not meet with a purchaser—a proposal was made to me by Munn about the premises No. 11, Stanhope-terrace—he had seen those premises, and was very desirous, if possible, of having them, and after some consultation, I agreed, if it was possible, to purchase them for him, and he should go into business for himself, and I would assist him after some negociation with Mr. Webb, the mortgagee in possession, it was ultimately agreed that I should give him 1300l. for these premises, and when the deed was executed, and possession given to me, I immediately gave possession to Munn, the same day, the 21st of April, 1841—I said, in conversation with Munn, "Mind, if I purchase these premises for yon, and you go into business for yourself, I will have nothing to do with it; what rent can you afford?"—he said, "Will you fit up the shop for me, Sir?"—I said, "No, if you have possession, take a lease for it"—he said "Well, if you will purchase the place for me, and grant me a lease, I will give you 300l. a year for it"—I said, "Very well, Munn, I won't stand for a hundred or two, if it is possible to get the premises for you"—I should say Stanhope-terrace is half a mile from Connaught-terrace—there was no other corn-dealer in the neighbourhood but myself—there was a good opportunity for establishing another business there—nothing had come near it—there are a great many wealthy houses in the neighbourhood—after Munn had commenced the alterations, he said one evening, "I shall not be able to do much business the first quarter, Sir, will you be satisfied with the ground-rent?" and I said the first quarter he should have it for the ground-rent, 16l. 5s., after which it was to be 300l. a year, according to our agreement—he said, "Very well"—he went into possession, made the alterations, and set up in business—he never came to account with me about the business he managed at No. 96, Connaughtterrace—I frequently pressed him for an account after he left me, a dozen
times, or more—I requested him to come even as late as the 17th of last November—I met him, and said, "Munn, I have been expecting you to come and settle your accounts"—he said, "I have been so busy I have had no time"—I have sent messages by his own daughter to him—I borrowed 600l. from Mr. Fraser, my attorney, to complete the purchase for Munn—I told Mr. Fraser to apply for the rent the November following, and afterwards, finding no rent was paid, I directed an action to be brought, which came on for trial on the 15th of January, this year—on the 14th, the day before that trial, I heard of proceedings in the Court of Chancery, and was served with a subpoena in the Chancery proceedings—I heard that they were going to move for an injunction to stay me from proceeding at law—in the course of January, I believe, I got an order for the production of this agreement—I attended, and saw it produced—the first time I saw it was on the 25th of January, 1842, in the hands of a Mr. Warren, Munn's attorney, at No. 161, London-road—I afterwards saw the affidavits in Chancery, in which Rouse stated he was present when I signed this agreement, and Barton also—(looking at the agreement)—this "James Timewell" is not my handwriting—I never signed this, nor any other written agreement, for Munn, in my life, under any circumstances whatever, during the time he was in my employ, or since he has left it—the only thing I signed for him was a bill of exchange for the 100l. Which I lent him—it is false that Rouse put his name to that after I signed it—I know nothing of this agreement at all.
Q. Is it false that you read it aloud in the presence of Rouse and Barton? A. I never read it in my life—I believe the body of the instrument to be in Munn's handwriting—I was never in partnership with Munn—Barton states in his affidavit that he saw the paper through the desk—my desk is of that description that it would not be possible for him to see through it—this is my handwriting to the assignment of the lease.
Cross-examined by MR. PHILLIPS. Q. I observed that when my friend asked you who Barton was, you answered he was your servant? A. He has been—I believe he is a carman—I have no doubt of it—he keeps horses and carts, and I have employed his horses and carts, since he was my servant—he was at one time in my exclusive employment, at wages, some three or four years ago, I suppose—I believe he is a master carman—he is so represented—I cannot say positively that be is so—I do not think I have any doubt of it—I believe he has been a man of respectable character—I have not the least doubt of it, and Rouse, during the time he was with me, was a respectable young man—when Munn went to Stanhope-terrace he left his daughter at Connaught-terrace, to assist Mrs. Timewell to manage the business—I did not allow her any salary for that—I have preferred indictments against each of the defendants separately for perjury, on the same subject, which I suppose are ripe for trial to-day.
Q. Do you write your name in this manner, "James Timewell?"A. Not always—I do not generally do so, I generally write it with the top of the T over—I always write "James Timewell"—there is no misunder-standing at all about that—I always sign my name "James Timewell—I sign my two names in full.
Q. As a matter of precaution? A. Always?—there has never been any balance struck between myself and Munn—I all time by that—I never went through any account with him with the object of striking a
balance—I never drew a balance with him at all, that I am quite certain of—if such a thing appears in my own handwriting it would be a forgery.
Q. Now, take that paper into your hand, and be careful what you are about; on your oath, is not every word of that in your handwriting? A. It is not, not all of it—these are my figures—I mean to swear it is not my handwriting—(This paper was called a settlement of account between the prosecutor and Munn, dated the 31st of December, 1841, by which it appeared that 274l. 14s. 6d. was owing to Munn)—these figures are not my handwriting—the upper part is, but not the lower part—I drew this out to give me some idea what the business had been doing, but then it was from Munn's representations that I took this—it was taken from the books, so far as he gave me the accounts—I left him the books to keep—I demanded an account from him, and he gave me that—there was no objection to my checking him by the books, if I chose—it would appear by this statement that 274l. Was due to Munn in December, 1841, supposing the account he gave me was correct and according to the books—there was no difficulty in my seeing the books—I did not ask to see them—they were always accessible to me—I looked at the ledger, but did not cheek the account, or go into it; I relied fully on Munn's honesty—these figures are not mine—I never saw them before—the top figures are mine—I believe this paper(looking at one) is my handwriting—(looking at one marked A) I do not believe this is my handwriting, nor do I believe this to be mine (B), nor this (C)—I do not believe this is my writing (D), nor this (E)—Munn was always allowed to sign my name to bills—these were not written by me—I believe this is not my handwriting (F)—(These papers were all folded, so that only the signatures were visible.)
Q. Now I will open this, and let you see it (E); look at that, the signature which you swore you did not believe to be yours; perhaps looking at the letter will remind you whether it is or not? A. Oh, I know what it is; it is my handwriting, but it has nothing to do with the business—I did believe it was not my handwriting—I cannot say on my path that it is—I do not know that it is—I cannot swear to it, it is so unlike my usual handwriting—I do not believe the signature to be mine—I wrote the rest of the letter—I know a person named Peacock—this (C) I believe is my handwriting—I think it is—I do not believe this (A) to be my handwriting—I know a person named Baker—I have seen him here—I always write my name in full on a cheque—I do not believe this (B)is my handwriting—I believe this is (D)—there is only "J. Timewell" to these, but I meant that I write my name at full length on my cheques—I do not believe this (F) to be my handwriting—I used to sign my name at full length to a variety of documents, as well as my cheques—this is my hand-writing—(looking at a paper not marked)—this 1,300l. I intended as an investment—I was to allow Mr. Fraser five per cent, for his 600l.—I never applied to Munn for the loan of any money—that I swear—I applied to him for money for goods—I never asked him for the loan of 200l.—he said he would get the acceptance of a friend of his, named Clark, for 100l.—that was for goods—he had had between 500l. and 300l. Worth of goods before—there was no balance between us—it was for a different transaction that I got Clark's acceptance for 100l.—I applied to Munn for money, and he would not give me his acceptance or money—I did not ask him for 200l.—I asked for no sum—that I swear—I asked for money—he owed me
between 200l. and 300l.—I wanted to make up some money—he said he had none—I wanted him to let me draw on him for 100l.—he said no, he would give me no acceptance, but he would get his uncle to do it—Munn was to keep the premises at Stanhope-terrace in repair—they are extensive premises—be has repaired them—I cannot positively say to what amount, perhaps to about 150l., I am not accurate—he was to have a lease of the premises for the whole unexpired term.
Q. How was it you did not get your attorney, Mr. Fraser, to draw up your lease before you put Munn in possession? A. He had instructions to make the lease prior—when I borrowed the 600l. I said, "Mann is to have these premises at a certain rent, 300l. a-year"—there was nothing to prevent his drawing up the agreement at the time—I ought to have had it done before I put him in possession of the property, but I had confidence in him—the first action I brought was for half a year's rent—we demanded the half year's rent, the full amount—I do not know the exact amount I got I was paid the first quarter—I got 16l. 5s., instead of 75l.—I believe Munn is in possession of the premises in Stanhope-terrace at present—I have not the slightest doubt of it; I know he is, unless he has left—I have not seen the premises for these three or four months—I have no suspicion that be has left—I am carrying on the business in Connaught-terrace—I do not know whether he has got a good deal of custom from me—he got a good many of my old customers—I have not got them back—very likely he has got them now; I cannot say; I have not seen his accounts—I am not very cross about it.
Q. It would not be at all convenient to get him out of the way, would it, by an indictment for perjury or forgery? A. Certainly it would—that is my answer—I believe he is married—he is represented so—he has four or five children I believe—they are not all young; some of them are—Munn laid out a good deal of money on the premises in Stanhope-terrace the first year—we did not get together at the end of the first year to see how matters stood—we did not at any time get together, at Stanhope-terrace, to see how the accounts stood, nor in Connaught-terrace—we never settled—there were no accounts made up between us—Munn did not show me that out of the money be bad laid out on the Stanhope-terrace premises there was but 35l. left—there was no balancing between us whatever—there was no statement of accounts between us, at Connaught-terrace, by which it appeared that 35l. Was the balance to be divided, nor did I agree that it was so small that I would not divide it—I never recollect it—I believe it never took place—I will swear positively it never did—that I am quite sure of—Munn never told me how much he had laid out on the premises in Stanhope-terrace, that I recollect—I made the guess of 150l. from the contract for the alterations—I do not know what he did besides the fittings up and the shop-front that was put in—I am not aware what he did Beyond the 150l.—he did that—there might be some other repairs, I cannot tell; I did not see it after it was completed; I only saw it in progress—the shop-front is included in the 150l.—I believe he had the house papered—I do not recollect whether there was any painting—I suppose there was—there must have been painting, of course—I did not see it—I saw the shop-front painted—I believe it is a handsome shop-front.
Q. Likely to attract old customers going by? A. Yes, it is a good frontage—I have never calculated-how much interest I was to get for my
money by this bargain—I only advanced 700l. myself, but I have the interest of the other to pay.
Q. For your 700l. It comes to 205l. a-year; is not that a tolerably good bargain to get out of Munn? A. Yes—I do not know whether any one has got such a bargain before—I never did—I think it is rather a good one—I cannot tell how much per-cent. it is—I think thirty per cent, a very good bargain—I have got fifteen per cent, in business, not in investment—I never knew any one that did—it was Munn's own offer—he offered me 300l. a-year—I do not know that for twenty per cent, he could have got ten times that sum—I had not bought the premises before Mann made me this offer—Munn knew I was giving 1300l. for them—he agreed to give me 300l. a-year, and do all the repairs—I am quite sure he did not offer me more—there was*no one present at the conversation between me and Munn—he knew of my borrowing the 600l. at five per cent.—when Munn came into my employ in Connaught-terrace, he brought a van, a pony and chaise, a new spring-cart, and his own furniture, and he bought between 40l. and 50l. Worth of me, which he paid me for some time afterwards—the pony-chaise and van were used in the business—the cart Was not, to my knowledge—he brought nothing else.
MR. ERLE. Q. Was it Munn's own proposal to get these premises for the purpose of setting up in business? A. It was—it was always our intention that the Stan hope-terrace shop should be made a place for carrying on this business for him—there was no one in the same business in the neighbourhood but himself—I had no desire to prevent any rival from coming into the neighbourhood, or to prevent him from setting up in business.
Q. What was the meaning of your answer when you said it would be convenient to get him out of the way by an indictment? A. A man that is capable of committing forgery on me, and paying no rent without an action, I think the sooner I get rid of such a tenant the better; that was what I meant—I had given every facility to set him up in business—the premises are worth 300l. a-year; I could get that anywhere—they reckon the frontage at two guineas a foot—that is the fair value of the premier—there is about fifty feet of frontage, but I cannot say exactly—I was applied to by a Mr. Baker about my business—he wished me to give him a bond against Munn setting up in business—I refused to be bound down in that way, and that was the reason Baker went off—my verbal agreement with Munn was, that he should pay me the rent and keep the premises in repair, and the lease was to have the usual covenants—I am not aware whether the pony-chaise and cart were used by Munn in his business before he came to me—he was foreman to Mr. Ruffy before he came to me—part of the 100l. I lent him went in payment for this furniture—he paid me about six or eight months before he left me—he did not pay me for the furniture before he had the loan—he first had the furniture, and then paid back the loan.
MR. PHILLIPS. Q. Is not the nephew of Mr. Fraser, your attorney, taken into the Edgeware-road business? A. He manages my business for me as a servant; at least yesterday he was to have equal to one-third; before that time he was a servant—it was not with Mr. Fraser that I made the agreement, but with the nephew—his name is James Berridge.
the action against the defendant Munn—the prosecutor had told me he was going to purchase the premises, No. 11, Stanhope-terrace, he instructed me to prepare the assignment, and said he should require 600l., which I advanced on the 21st of April, the day the purchase was completed—the amount paid was 1,300,l.—he informed me that Munn had agreed to take them at 300l. a-year, and instructed me to prepare a lease—this was before the assignment was completed—about October I wrote a letter to Munn for payment of the half-year's rent—he did not pay in—I afterwards commenced an action against him—I hare the office-copy of the judgment—(By this it appeared that the action was commenced on the 13th of November, and a verdict given on the 19th of January, for 81l. 5s.)—Mr. Timewell, bad agreed to let the premises at 16l. 5s. for the first quarter, the groundlent, and the verdict was taken for 16l. 5s. for the first quarter—the rest at the rate of 260l.—Mr. Gutch, a surveyor, proved that to be the value—no one appeared for the defence—I afterwards brought another action against Munn for a quarter's rent, 75l.—that was tried on the 25th of April—on that occasion the defendant put in the agreement, the subject of this indictment—Barton and Rouse were examined on that occasion—Rouse swore he heard Mr. Timewell read over that agreement, and saw him sign it—Barton was asked if he knew the agreement—he said he knew it was the same paper, from seeing the name of Edward Munn as it was lying on the desk—he said he was standing opposite the desk at the time the agreement was signed—that is, that the party was signing it on the other side of the desk—he was asked whether he had ever seen the agreement from the day of the signature until it was put in evidence there—he said he had seen it somewhere in Chancery-lane, I think—he said that was the agreement he had seen signed—this is the agreement Barton and Rouse said they had seen signed—(I have had many transactions with Mr. Timewell)—they said Mr. Munn was present at the time, but he was the only person besides Mr. Timewell—I do not believe the signature to this agreement to be Mr. Timewell's handwriting—I have no doubt about it whatever.
Cross-examined by MR. BODKIN. Q. Have you seen his signature very frequently? A. I have, very often, having known him many years, and had business with him—I have seen him sign cheques, bills of exchange, and different memorandums—not letters—there is a difference in his handwriting at times certainly—he generally signs his name at full length, "James Timewell"—I never saw him sign it otherwise—this agreement does not bear the slightest resemblance to his handwriting—there is evidently an attempt at imitation, but it is not at all like it—I cannot say there are no letters like his—I am not able to say them is one letter which it his his—I do not think there is—(looking at the paper marked"G")—I should say this is not his handwriting—this I should say is—(a paper not marked)—this (D) bears some resemblance to it, but I do not think it is his—this (F) I think is his, and this (E)—I do not think this (A) is, nor this (B)—this (C) I think is—no relation of mine has any interest in the prosecutor's business at present—my nephew is in Mr. Timewells service, as assistant—I do not know whether he has a salary—I do not know of any agreement between them of a partnership kind—I believe there is none at present—I saw my nephew to-day and yesterday—I believe originally he was to have the business, but that is gone off—I do not know that there is any partnership contemplated at present—my nephew is here.
MR. ERLE. Q. Do you know what he has? A. I believe there is an arrangement between them at present.
JAMES HOBLIN . I am a clerk in the Marylebone branch of the London and Westminster Bank—I know Mr. Timewell's handwriting—in my judgment the signature to this agreement is not his handwriting—I should not pay a cheque presented to me signed in this way as one of his.
Cross-examined by MR. DOANE. Q. Have you always noticed the signature to be "James?"A. Yes, always "James"—I am not aware that I have ever seen it signed any other way—I have seen his cheques repeatedly—I never remember seeing one without "James" in full—I do not think this note (C) is his handwriting, nor this (G) that is signed at full length—this is not his signature (B)—it is not rather more like than the last—I should say it is not his handwriting—I should say this (A) is not his handwriting—I do not think this (E) is, nor this (F.)
HENRY HANTZ . I am a clerk to Harries and Farquhar, bankers, in St. James's-street. The prosecutor banked with us for eight years previous to January, 1840, and I had acquired a knowledge of his handwriting—in my judgment the signature to this agreement is not his handwriting—I would certainly not pay a cheque so signed.
Cross-examined by MR. BODKIN. Q. Favour me with your judgment upon this (D.)? A. There is great similarity in this, but I should say it is not his handwriting—I have never paid a cheque of his signed "J"—it was always signed at full length—he is in the habit of leaving off his signature at the letter "m" and this is done so in the agreement, but the character of that handwriting do not resemble his—it may be an imitation, but it is not the signature I have been accustomed to see—there is some similarity in the "m" in that signature to the agreement—the "m" in the "James," and the "Timewell"—I do not speak to the formation of the letters, but to that habit—I do not find any other similarity—there is something in the character of the writing pervading the whole signature, but his is a much more free hand than this—the "T" is as dissimilar as any thing can be—he would make the "T" in two distinct strokes, instead of being joined in one as it is here—this is not the hand-writing I have been accustomed to pay on—I can only speak of my knowledge of his signature to cheques—it is impossible for me to say whether this is his handwriting—I never saw him sign "J" only, always "James"—it is more difficult to depose to what is not a man's handwriting than to what is—(looking at A)—"T" is very dissimilar here, but I should say the rest of the name is like it—I had rather decline giving an opinion—I should say decidedly this is his handwriting—(one not marked)—this "T" is made at one stroke—I have no doubt it is his hand-writing—this "T" is not similar to the one in the agreement—it is not the usual form of his making the "T"—this (marked "H") may be his writing—I cannot speak positively to it—the letter "J" is different—it has the character of his handwriting, and I believe it to be his—I would not pay a cheque to that signature—I believed this (G) to be his handwriting—the "T" is made in the way I repudiated, but still I believe it is his handwriting—I cannot say whether this is his (D)—it is rather a different signature to the other—it is not a signature I should have paid if signed to a cheque—it may be his signature—this (C) is not the handwriting I have been accustomed to see of the prosecutor's—I cannot form any judgment about it—it is an awkward question to ask me to give my opinion on writing very dissimilar from any I have seen—I should
think this (E) is not his writing—nothing can be more dissimilar than these two capital letters here (B)—away the capital letters I should say it is a very good signature—take away the small letters it does not at all resemble it—his account closed with us in January, 1840—I have had no dealings with him since—I referred last Saturday to two drafts of his which we have in our possession, for the purpose of this trial—it was since the trial in the Exchequer—I was examined in the Exchequer—I looked among our paid cheques—I will not be sure whether it was before I was examined in the Exchequer—I looked at his signature which he wrote in our customers' book, but I am not sure about these drafts—there are from 700 to 1000 customers whose signatures I have to attend to—I have a knowledge and recollection of the handwriting of each, because it is my duly—I have the recollection of them after the account is closed.
MR. CLARKSON. Q. About how many cheques of his may you have paid in the course of the year? A. I dare say 100—we should pay 100, I do not know whether I should pay them all—there is another cashier—the "T" on this paper (H) is not formed as Mr. Timewell usually forms his "T," but it is his handwriting, I have no question about it—he invariably signed his christian name in full—if I received cheques signed like these I doubt about I should have referred them as not resembling his signature—this marked "G" I should say is his handwriting—I should hesitate in paying cheques with the initials only, and not the christian name in full—I should not pay this (C,) nor this (B,) and this (F,) I should have great hesitation about—I should refer them—these (A, D, and E,) very much resemble his writing.
JOHN CROSSLEY . I am a hay salesman, and live in Wilmington-square, Clerkenwell. I have known the prosecutor sixteen years, and have had many business transactions with him—I have had many opportunities of seeing his handwriting—I generally took my accounts from him in cheques for the last sixteen years—I should say the signature to this agreement is not Mr. Timewell's handwriting—the "J" is not his, and in his writing when he comes to the "m" there is generally a stop—I should say the general character is not like his handwriting—in the course of my business with Mr. Timewell, I have seen Munn—I have had conversation with him only to this extent, he would come to market with Mr. Timewell—Mr. Timewell would price an article, but Munn never interfered as to the price—after the purchase was made by Mr. Timewell on my application for the money at Mr. Timewell's house, Munn was there, and apparently lived in the house, I was always told by him that Mr. Timewell would come arrived and when he came he would pay me—Mr. Timewell would come in shortly after, and draw a cheque—there was nothing like partnership.
Cross-examined by MR. DOANE. Q. Have you seen Mr. Timewell write any thing but his signature to cheques? A. Never—I do not think this "J" is far as regards his signature to cheques—I should not receive it as his writing—his cheques are written more from right to left—this is more upright, and the "J" is brought down at length—the "T" I have been in the habit of seeing turned down—the "m" is like his, but the final "l" is turned downwards, and he turns it upwards—it is very dissimilar—this (F) is more like his handwriting than the other, with this exception, that it is not turned down—I should be induced, in all probability, to take it as his writing, except the "T" not being turned down—I should decidedly
take it to be more like his than the other one—I can form no opinion about it—this (B) is a very slovenly representation of his handwriting—I should say it is more unlike than the others—I should not be disposed to take it if a cheque came to me with that signature—this (E) is more like his writing—I think that is—this (not marked) is less like than either of them—I should say that is not his—this (G) is his handwriting, and this (H)—I should say the "J" to this (C) is like his—I should say this is his writing, and this (A.)
REBECCA STRATTON . My husband has dealt with Mr. Timewell for some years. I remember Munn coming to live with him; after which I paid bills to Munn, and took his receipts—I have some of them here, headed, "Timewell," and signed for Timewell by Munn—the last time I paid a bill I asked Munn if he was in partnership with Mr. Timewell—be said, "Oh, no"—I cannot say exactly when it was—it was the last time I saw him.
JEMIMA KITTS . I am a widow, and live in Grove-end-road. I have been in the habit of dealing at Mr. Tiraewell's shop for seven or eight years, or more, up to 1839, and paid the bills to Mr. Timewell himself—since then Munn has been to me several times, on the 11th of February, 1839; 24th of June, 1839; and 13th of January, 1841—he signed his receipts, "For J. Timewell, Edward Munn"—the first time he came I asked him who he was, as I had been in the habit of paying Mr. Timewell, and I wished to know whether I was entitled to pay him, whether he was in the business, and why I did not see Mr. Timewell—he replied, that Mr. Timewell was out of health, and he was appointed to receive the money, that he was not in the business, that he was a servant—I asked if he was likely to be a partner, as he was receiving the money—be said no, he did not expect that—I renewed the conversation the last time he was with me, in January, 1841, and asked if he was likely to be a partner then, as he was receiving the money—he said no, Mr. Timewell was not a person who would receive a partner, he liked to keep the whole of the business to himself.
HENRY HYMAN COHEN . I am a merchant. I have dealt with the prosecutor since May, 1841—I have seen Munn—he received payments for Mr. Timewell—I produce some of his receipts—I have one as late u May, 1841—on that occasion Munn stated that he was going into business for himself, and asked me if I would give him my orders—I was very much surprised, as I had always understood that he was Mr. Timewell himself—he was always represented to me as Mr. Time well, and I asked what he meant, when he said his name was Munn, and not Timewell.
JAMES BEADLEY . I am proprietor of Mr. Timewell's house, in Connaught-terrace. I have known Mr. Timewell fifteen or sixteen yean—I never knew of his having a partner in his business—be generally pays my rent in cheques—that is the only writing I had of his—the signature to this agreement is not at all like his writing—I am not acquainted with any part of his writing except the signature.
Cross-examined by MR. PHILLIPS Q. Have the goodness to look at that (E)? A. that is not like Mr. Timewell's writing, nor is this (I,) nor any of these—(looking at "J, A, C, G, H, B, F" and "D")—this (E,) I should say, is Mr. Timewell's—this (L) is not, nor these (M and N)—I am not much acquainted with Mr. Timewell's figures—I think the writing on this paper of account is not his.
the defendant Munn to Mr. Timewell, in 1839, I think, and have dealt with him ever since—I never to my recollection heard Munn say that he was a partner with Mr. Timewell—I have got no receipts with me—I have seen Mr. Timewell's handwriting, not very frequently—I think I know it—I do not think I ever saw him write.
— SEWELL. I am a wheelwright. I am acquainted with Mr. Timewell, and know Munn—Mr. Timewell ordered a wagon of me—he and Munn came together, and ordered it together, at least Mr. Timewell gave the order—Mr. Timewell's name was put on the wagon, and he paid me for it.
— APPLEFORD. I am clerk to Mr. Dane, the accountant. I have gone through Mr. Timewell's books, of No. 96, Connaught-terrace—the balance is due from Munn to Timewell—I saw no sign of partnership throughout the books.
Cross-examined by MR. BODKIN. Q. Was Mr. Munn called upon to attend, or give any explanation, at the time you examined them? A. I was merely engaged by Mr. Timewell to make up the account—I saw nothing of Munn, or anybody on his behalf, during the time I was making up the books.
HENRY SMITH . I am a clerk in the Masters' Office—I know this to be the Accountant-General's handwriting, and this is Master Farrer's—I cannot vouch that I swore them—my father and myself both swear affidavits—they bear my father's initials, so he must have sworn them.
MR. Timewell (re-examined.) I know Munn's handwriting—the signature to this affidavit is his writing, this is Rouse's and this is Barton's.
The affidavits were here read; that of Munn deposed, that in January, 1839, ha and the prosecutor entered into verbal agreement that he (Munn) should take the active part in the business, at No. 96, Connaughtterrace, that he then took possession of the premises, and active as partner with the prosecutor, and received one-third of the profits; that in December, 1840, another verbal agreement was entered into between them, that he (Munn) should receive half of the profits of the said business; that all their transactions were made in the name of "Timewell and Co.," and no dissolution of partnership had taken place; that in February, 1841, they as copartners took the premises, No. 11, Stanhope-terrace, for their business as corn-dealers, and thereupon entered into the following agreement. "Memorandum of an agreement made and entered into this 26th day of April, 1841, between James Timewell, of No. 96 Connaught-terrace, Edgeware-road, corn-dealer, of the other part: and Edward Munn, of the same place, corn-dealer, of the other part Whereas the said James Timewell agrees to let, and the said Edward Munn agrees to take the premises situate No. 11, Stanhope-terrace, Uxbridge-road, for twenty-eight years; it is agreed that the said Edward Munn is to hold quiet possession of said premises for twenty-eight years, at the yearly rent of 65l., until the premises situate No. 96, Connaught-terrace, Edward-road, aforesaid, shall be sold and disposed of, of which the said Edward Munn has a share and interest therein, and that the said James Timewell shall not be at liberty to turn out or eject the said Edward Munn from the same premises if the said Edward Munn pays the rent within twenty-one days after the expiration of the time usually allowed—and that after the disposal of the joint premises and
business, the said Edward Mann is to pay the yearly rent of 185l. under the same terms and agreements as aforesaid; and that the said Edward Munn may take such alterations in said premises, with consent of ground landlord, as may be expedient. Witness our bands, this 26th day of April, 1841. Signed, JAMES TIMBWELL. Witness, Henry Rouse."
(Rouse, in his affidavit, stated that he was present when the parties entered into the agreement, and Barton, that he saw it signed.)
(Witnesses for the Defence.)
GEORGE STRICKLAND . I am in the employment of Mr. Ruffy, a timber-merchant, in the Edgeware-road—I have known Mr. Timewell from nine to ten years, and have had opportunities of becoming acquainted with his handwriting—the drawer's name on these two bills of exchange—(Looking at the papers marked "M" and "N")—is Mr. Timewell's handwriting—they are drawn on Mr. Ruffy, my employer—I produce them from Mr. Ruffy's papers—I believe the signature to this agreement to be Mr. Timewell's, and this settlement of account I believe to be his—I should say this memorandum at the bottom, "Owing to Mr. Munn, 31st December," is Mr. Timewell's writing.
MR. ERLE. Q. Did you ever see Mr. Timewell write? A. Yes—I have seen him write his name to invoices, or bills sent in, at various times, when I have gone to his house, and bad the bills made out—I do not know whether these are the bills—(looking at some)—I have seen his writing at the bottom of bills, the receipts—when I have gone to make payments I have seen the settlement signed.
JOSEPH WOODYER . I am a veterinary surgeon, and live in Market-street, Paddington—I have known Mr. Timewell upwards of ten years—I have seen his handwriting, and have seen him write—I am quite satisfied that this is his signature to this agreement—the signature to this "K" is his—I can swear to it, it is a receipt to myself, I saw him sign it, and got it from him.
MR. ERLE. Q. How many times have you seen him write? A. I never saw him write, not to inspect the writing, but that once—I have seen him write, but not to examine it—it was in October last that I saw him write that.
THOMAS CORDOCK . I am a calf-proprietor, and live at No. 13, Cambridge-mews, Paddington—I know Mr. Timewell very well, and have had dealings with him—I have seen him write several times—I should say the signature to this agreement is his handwriting—I have been in the habit of seeing him write and sign bills which I paid him—I remember once having a little squabble about a bill which he said I had not paid, and I produced the receipt to show him that I had paid.
MR. CLARKSON. Q. When did you last see Mr. Timewell write? A. It might be six months ago—I did not know what this agreement was when I looked at it just now—I have seen it before—I believe I saw it at the Court of Exchequer—I was there all day, but was not examined—I was requested to be there by Mr. Munn—I did not know that this was Mr. Timewell's writing—I did not see him write it—I believe it to be his handwriting—it had been shown to me before, at Mr. Munn's—I cannot say when—I do not know when it was I saw it at the Exchequer—I saw it at Munn's about a month before I was at the Exchequer—I cannot speak to the date—I went to the Exchequer by myself—I saw the three, defendants there—I did not come away with them after the trial was over
—I waited till the trial was over—I went into Court two or three times in the coarse of the day, for a few minutes—I did not hear the Judge sum up the case, I was not in Court—I could not hear any thing particular when I was in Court, it was very much crowded, and I stood in the doorway—Mann was not with roe at the time—I saw Rouse in the witness box—I do not know Mr. Albert Warren—nobody fetched me to Munn when I saw this agreement there—I called at Bayswater to see him, being neighbours and friends for several years—I merely called in to ask how he was—he showed me the agreement, and asked if I thought it was Mr. Timewell's writing—I said I had not a doubt on ray mind—I had heard before that there was such a thing in existence—Munn told me so, I cannot say how long ago, it might be six or eight months ago, I cannot say—I have known him by dealing with him, and living in the same neighbourhood—I was never a witness for him before, nor he for me—the last thing I saw Mr. Timewell write, was signing a bill, which I have got at home—I have never parted with it—sometimes I have had a bill, and paid him, and sometimes I have not had a bill, and sometimes I have put them into my pocket, and lost them—I think it is very likely that I have got the bill at home which he last gave me—I did not swear just now that I had—I said it might be at home—I will not swear that it is—I do not know whether it is at home or not—it is a thing I do not notice, perhaps it is a failing of mine, I ought perhaps to be more correct than I am—I have looked at home to see whether I had any bills signed by Mr. Timewell—I looked last about a month ago perhaps—I found two or three—I should say I found three—I have left them all at home—I have lived at No. 13, Cambridge-mews, nine years—I have got one cab—I have bad four—for this last two years I have only had one.
Q. Do you owe Mr. Timewell any; thing? A. I owe money to the firm, to Munn and Timewell—Mr. Timewell told me it was a firm—I cannot say when it was he told me so—I am not aware whether I told any body before to-day that Mr. Timewell told me so—I do not know that gentleman—(Mr. Humphreys, the defendants' solicitor)—I never saw him that I know off—I was never at his office, nor ever examined by him.
Q. Then to whom was it you gave the information that my friend has got in his brief about you? A. To Mr. Munn—he asked me to come down to Mr. Humphreys' office—I said I was very busy at the time, it was in the Epsom race week, it would be inconvenient to me—I said, "I can say nothing particular about this affair of yours, it is a misunderstanding between you, but however I can say that I always considered by what Mr. Timewell and you told me that you were partners"—I did not make any affidavit in Chancery—I think I owe 4l. 12s. to the firm—Mr. Timewell has not applied to me himself for it—he has sent some persons, who they are I really cannot tell—I did not pay it—I told Mr. Timewell previous to his sending to me for the money that I had had a notice from Mr. Munn not to pay any more money due to the firm, for I should be liable to be called on again for it—that notice was in writing—I have not got it with me—I do not know when I received it—it was before I went to the Exchequer—it might be a month or a fortnight before, I cannot say—it was more than a week before—I do not know Mr. Kearns, nor Mr. Albert Warren that I am aware of—I was never at Warren's coffee-shop in the London-road—I have been in the
London-road—I took a fare there, about a month ago, from the southampton railway—I sometimes drive for myself when I have nothing better to do—I do not know a man named Kerrison that I am aware of—I do not know the name—I was subpoenaed to the Exchequer by Mr. Munn—he served it on me at home—there was nobody with him—I have not got it with me—I do not live a great way from him—I have a man out with my cab to-day while I am here, and I had one yesterday—I employ a man sometimes, only for the day—I was served with a subpcena to come here—I have not got it with me.
Q. Why did you look at Mr. Timewell's bills, as you say, about a month ago? A. looked to see what I had got—I was not looking for them particularly—I was looking after some more bills which I had to look for belonging to another tradesman—I was looking for Mr. Timewell's bills, and others as well—as I was subpoenaed, I thought I would look at what bills I had got, and see what they were—I was very neglectful in not putting them on the file—I found some in a drawer in my room—I did not consider it material to look at them to recollect the writing, for law is a thing I know nothing about—I did not consider it material that I should bring them with me—I do not know why I looked for them.
MR. PHILLIPS. Q. Did anybody tell you to bring any bills here? A. No, nor to bring the Exchequer subpoena here—I do not know whether I have kept it by me—the solicitor did not desire me to bring any papers, or I would have done so—I have no object in keeping any thing back.
MARIA ROBSON . I am first-cousin to Mrs. Timewell, the prosecutor's wife. I have seen Mr. Timewell write, and have had letters of his which have been acted upon as family letters—I should say the signature to this agreement was his, in my understanding—(looking at the settlement of account)—I should say these figures exactly represent the figures concerning the Will, in letters which we had from Mr. Timewell—they are precisely the same sort of figures—I should consider it was his writing—the figures "274" are rather smaller—it looks like his writing—I was formerly in business—this (I) is a bill which I negociated with Mr. Timewell, and I saw him sign it—it is drawn on Robson and Co.—that is myself—this is the signature I saw him sign—this is his handwriting, (D)—it is such a conspicuous handwriting—it is a letter addressed to a half-sister of Mr. Timewell's, a cousin of mine—I saw it in her possession—this is also his handwriting, (E,) and is a letter received by the family—I saw it two or three years ago—I have seen this bill (H) before—I did not see him write it, but I believe it to be his handwriting—it is a fac-simile of the other—that is drawn on Robson and Co.—it was drawn on my cousin, who was a partner—a bill of that kind passed between us in 1838, the time this bears date.
MR. CLARKSON. Q. What are you by business? A. I am not in business now—I was in the millinery and silk business—a great many of the family never did like Mr. Timewell, and did not like his transactions—I was one that did not, most certainly, and I had great reason for it—in the first place, his wife borrowed 10l. of a niece of mine, and it was to be quite a secret from their husbands; and when the young lady, my niece, who was only twenty years of age, went to ask her for the 10l., she said she had changed her mind, and she did not intend to pay it—the young lady came to me in tears, for her situation was such that 6he required
money—it was a young couple that lodged in the house—they had lent it without say document, and they took advantage, and would not give an answer—I myself went to Mrs. Timewell, and when she saw me coming into the shop, where there is a glass door, she went up stairs into the drawing-room—I went after her—Mr. Timewell was not at home—I never said anything to him about it, but he refused both parties—I have never been required by Mr. Timewell to pay any money—I did not pay these bills the moment they were due, and they threatened to take proceedings against me; but that was not the bone of contention at all—immediately I found he was in that humour, I collected a little more money, and paid him, not a great while after they were due—I cannot tell how long—I have not been good friends with him since, on that, and other accounts.
JAMES PONSFORD . I am a builder, and live in Oxford-terrace. I have known Mr. Timewell eight or nine years, and Munn about the same time—I had dealings with Mr. Timewell before Munn went to live with him—I had then ceased to deal with him—I had a very high opinion of Munn, and in consequence of that I was induced to deal again with Munn and Timewell—I remember Munn leaving Connaught-terrace, and going to Stanhope-terrace—I then had dealings at the corn-market, Mark-lane—I dealt with different people before Munn went to live in Stanhope-terrace—in dealing with the firm, I dealt with Munn principally—I understood he and Timewell were partners, that it was a firm—that was my opinion.
MR. ERLE. Q. Did you learn anything from Timewell about it? A. Not from Timewell personally.
MR. DOANE. Q. Were you acquainted with Timewell's handwriting? A. Not much—I have seen him write—I believe the signature to this agreement to be his writing—I dealt with Timewell alone, in the first instance, for two or three years—in 1836 and 1837—I then left off dealing with him, and had dealings with some other persons—I do not clearly know these invoices—it is a matter Montague, my clerk, attends to.
WILLIAM MONTAGUE . I am clerk to Mr. Ponsford. I remember his dealing with Timewell and Munn, corn-dealers—these are delivery-notes of goods we had from Mr. Timewell—they are in the state in which they came from the house.
MR. ERLE. Q. Did you receive these yourself? A. Yes—I have seen on the cards, "For Timewell and Co."—I remember receiving nearly all these notes—I can swear to all I have brought here—the carman of Timewell and Co. brought them to the yard when they delivered corn, dofer, or whatever it might be, consequently I thought they were correct—I have also had an invoice, which I have brought here—I received these delivery-notes from the carman—I should knew him if I were to see him—I do not know the handwriting of Munn or Timewell—(some of then were headed "1830. Timewell and Co.")
EDWARD ARCHER . I am a hackney-coach proprietor, and live in John-Street Mews, Park-road. I know Mr. Timewell—I at one the owed him 14l. 10l.—that was before Munn joined him—I paid it to Munn, for he afterwards claimed 17l. 12s. 6d.—I went there, and Mr. Timewell, in my presence, said to Munn, "Does Mr. Archer owe you anything on our account?"—Munn replied, "Yes, I think it is about 4l"—Mr. Timewell "replied, "I have nothing to do with that; that is between you and him"—he denied its being a joint account—I afterwards paid Munn some part of it—I have seen Mr. Timewell write many times—I believe the signature,
"J. Timewell," to this agreement to be his signature—I should think I have paid him 200l. or 300l., all in little bills, and have teen him write a hundred times.
MR. ERLE. Q. Has there been any quarrel between you and Mr. Timewell? A. Never—I am in debt to him—there is no action going on against me, that I know of—he said he had placed it in Mr. Gunn's hand—I applied to Mr. Gunn, and he agreed to take 10s. a week of me—that was in 1840—it is all settled now—I have paid him.
JOSHUA BAKER . I am a hay-salesman, at Kilbum. I attend Camberland-market—I have known Mr. Timewell many years—he has been in the habit of buying hay from me—I remember Munn joining him—he was a perfect stranger to me at the time, and Mr. Timewell introduced him to me as his partner, and said, whatever I let him have he would be answerable for—that was all that passed at the time—after that I chiefly sold goods to Munn—they were sent to the house in Con naught-terrace—Mr. Timewell paid me for them—I have seen Mr. Timewell write—I believe the signature to this agreement to be his handwriting—this is a returned note (F)—this "J. Timewell," at the end, is the prosecutor's handwriting, to the best of my belief—I did not see it written—I received it from a carman—this is also Mr. Timewell's handwriting (A)—I saw it signed; it is a receipt for 12l. 17s.
MR. ERLE. Q. Are you in Munn's debt? A. No; he owes me more than 200l., I think; I cannot say exactly.
Q.. When Mr. Timewell introduced Munn to you, did he say anything more than "I beg to introduce Mr. Munn, and I will be responsible for whatever you let him have?"A. Not at that time—he said he was his partner—he was introduced to me as such—I will swear he said, "Munn is my partner"—he used those words—he said, "Munn is my partner, and I will be responsible for whatever you let him have"—I suppose he meant by that, that if Munn did not pay, he would—I considered there was a partnership after that—I believe I sent in one or two bills made out to Timewell and Co.—(looking at some bills)—these are all my handwriting—to the best of my belief I have put more on them than "Mr. Timewell bought of J. Baker"—I cannot exactly swear it, but, to the best of my knowledge, I have—I see they are all "Mr. Timewell bought of J. Baker"—these go down to September, 1841—there were a great many more than these seven.
MR. BODKIN. Q. About how many bills have you sent in since Munn Was introduced to you as a partner? A. I cannot say exactly; I should think twenty at least—some are as far back as 1839 and 1840—I have known Munn since that introduction—the bills were delivered once a month in general—Munn has borne a very good character, as far as I know—I have always heard him so spoken of.
COURT. Q. What does Munn owe you the 200l. for? A. For hay, and so on—that is since he has been in business on his own account.
SAMUEL FINLER . I am a builder, and live in Praed-street, Paddington. Some time in 1839 I received instructions from Mr. Munn to make some alterations in Connaught-terrace—I made an estimate in consequence of what he told me—I afterwards saw Munn again by himself, and then saw him and Mr. Timewell together—Munn's name was first on the estimate, and he remarked, "You should have put Mr. Timewell's name first"—Mr. Timewell said, "It is no odds which name is first, we must pay for it"—when I wanted instructions as to what was to be done, I applied to Mr.
Timewell, and he said, "You had better ask Mr. Munn, he knows better about it than I do; he can give you better directions than I can"—Mr. Wilson, the surveyor, I believe, was employed to make the estimate—I was paid by Mr. Timewell in cheques, and some I received by MT. Munn in cash—I cannot exactly say what it is—I have seen Mr. Timewell write—I should say the signature to this agreement is his writing.
MR. ERIE. Q. When did you ever see Mr. Timewell write? A. He wrote me two cheques, and I have seen several papers which I have been told was his handwriting—he gave me the two cheques for this very business—to the best of my recollection, this signature imitates the signature to the cheques as near as I can say—I can form no other idea than its being Mr. Timewell's writing—I think the T on my cheques was written in this way—I have seen the T made in a different way—I can read and write—I know the difference between a T where the upper line is joined to the down-stroke, and where it is separated—I have made them so myself—I have not got the estimate which was made out to Munn and Timewell; Mr. Wilson had it—he is here—she gave it to me, and I gave it to Mr. Munn—I made out no bill for the work, because it was an estimate for so much money—I had no bill to give, except for the little odd jobbing work, the extras—I was paid the two cheques for the work which the estimate specified was to be done—I cannot remember what the estimate was—this is it—(looking at a paper)—there is nothing in this about Munn, certainly; it is "Timewell debtor to Finler"—these are the two cheques I received—(looking at them)—there is, certainly, not the slightest resemblance between the T on these cheques and the T in the agreement—it is a differently made T—these are two of my bills for the work I am speaking of—both of them are for Mr. Timewell only.
Q. When did Mr. Munn find you to give evidence here? A. Directly after, or very shortly after, Mr. Timewell and he disagreed; perhaps four months ago—I did not attend the trial at the Exchequer—Mr. Munn first spoke to me about coming to give evidence—I cannot positively say how long ago, perhaps three months, or it might be more; I did not bear it in mind particularly—I have no recollection of his asking me if I recollected the time when his name was put first on the estimate—he did not ask me what I was going to say—I never gave any account of ft at all to anybody.
MR. DOANE. Q. You say you saw Mr. Munn in the first instance, was that before you made out the estimate? A. Certainly—a gentleman named Ritchie was about it, and I said, "It will be no use for me to make out an estimate if I am rote it is intended for Mr. Ritchie"—I did not write out the estimate, but Mr. Wilson the surveyor did.
ROBERT CULLINGFORD . I keep the Crown in the Edgeware-road—I have known Mr. Timewell five or six years—I have received cheques and had receipts from him, and have seen him write ten or twenty times—I should say this (looking at the settlement of account) is his writing, and also the signature to this agreement—I have seen it before—before Munn went to live with Mr. Timewell, Mr. Timewell stated to me that I should soon lose his custom—I said I was sorry for it—he said he was about taking in a partner who would occupy the house in Edgeware-road, and he was going to retire into the country—I remember the first time Mr. Timewell and Munn came to market together—at that time I kept the Sovereign in Munster-street—I asked Mr. Timewell if Mr. Munn
was the party he had named to me—he said he was, and I solicited Mr. Munn for his custom—Mr. Timewell introduced me to Mr. Munn, and he said he was not aware whether he could favour me with any orders.
MR. UDALL. Q. I understand you to say that your knowledge of Mr. Timewell's handwriting is derived from cheques? A. No—I have seen him write receipts to bills as well, and sometimes to a note of mine, with directions to leave a load of hay at his house—these are some of the cheques Mr. Timewell gave me—these are among others a means of my knowing his handwriting—I should say the signatures to these cheques resemble the signature to the agreement—the name of Timewell is over the door of the house in Connaught-terrace—the conversation I speak of took place I think somewhere about this time four years—somewhere in 1838—I cannot say well, Mr. Timewell can best answer—I knew nothing of Mann before—I have no particular reason for recollecting this conversation, except that Mr. Timewell was a very good customer to me, and always paid me very honourably—I think I first named this conversation to Munn about October last year, I had not stated it before that—Munn has not been a good customer of mine.
MR. PHILLIPS. Q. Have you the slightest interest in assisting Mr. Munn? A. Not the least—there is a slight similarity between this "J. Timewell"—(looking at A)—and the signature to this cheque.
---- MUNN. I am the daughter of the defendant—I went with my father and the family to reside at Connaught-terrace when he first went there—my father took a van, a chaise, a pony, a spring cart, and two harnesses which were used in the business—that is all I can remember—my father chiefly attended to the business—Mr. Timewell came there occasionally—my father removed to Stanhope-terrace in April, 1841—I was left behind in Connaught-terrace with part of the furniture, and I remained there till the end of August—my father used to come there occasionally and give directions about the business—there was a sideboard, a wardrobe, two pembroke tables, a bedstead, a bed, chairs, and carpets, knives and forks, and other things of my father's left at Connaught-terrace—they are there now—I was not paid any salary by Mr. Timewell for what I did there—I have seen Mr. Timewell write often, I believe the signature to this agreement to be his—this I can swear to—(the settlement of account)—I do not remember the time it was made out, but I have seen it since it was made out—I believe it to be Mr. Timewell's handwriting—I think I first saw it last October—I staid at Connaught-terrace till August, and then went into the country for three weeks—when I returned, I went to Stanhope-terrace—I remember Mr. Timewell coming there one day, he asked to see my father—when he saw him, he said he would allow him to be a partner up to the time of his leaving, and allow him a share in the horses, carts, and premises and out-buildings, and in the alterations which were made while he was there—this was last October—my father said he would not accept the offer; Mr. Timewell said, "If you do not, Mr. Munn, you are a ruined man; this is the last offer you will have, and if you do not accept of this, I will ruin you, if it costs me 1000l."—I distinctly heard him say that—Mr. Timewell came again that same evening and saw my father again—he asked him if he would accept of the offer he had made him in the morning, it was the last he would have, that Mr. Fraser had called him a fool for offering so much as he had done, and that
Mr. Fraser had given him a guarantee to clear him through the business—my father still refused.
MR. PHILLIPS to MR. TIMEWELL. Q. Do you recollect calling on Mr. Munn in Stanhope-terrace, twice in one day? A. I do—I did not tell him I had come to make him an offer—I did not tell him then that I would allow him one-third of the profits—that was understood before—* I did not tell him that I would allow him a, share in the carts and wagons, and in the alterations—nothing of the kind took place between us—not one word—that I swear positively, and Miss Munn was out of the room all the time I was there—she was not there at all—I did not say I would ruin him if it cost me 1000l.—nothing of the sort—I said it would rain him if he went to law—not that I would ruin him—I did not mention 1000l. at all, nor any sum, not at either of the interviews that day—it was in the evening, the second time I called, that I said it would ruin him if he went to law—I never said that Mr. Frazer had given me a guarantee to clear me through the business—I do not remember Munn saying he would accede to no such offer—I made no such offer—I believe he did not say be would accede to no such thing—of course he did not—I did not hear him say so if he said it—he might have said it soft to himself—I swear I did not hear it—he might have whispered it possibly, but I never heard it—there was no offer—I did not say to him, "You are a ruined man, and Fraser has called me a fool for offering what I have"—I said nothing of the kind—I swear that positively—nor did I say "He has given me a guarantee to see me clear through the business"—it is all wrong—there is not a word of truth in it—Miss Munn used to go to Stanhope-terrace, on a Sunday—I have seen her occasionally when she returned—I believe she stated that her father had been making complaints to her—I never answered her by saying, "Oh never mind, he has a share of this till it is disposed of, his living does not depend on that"—I never said any thing of the kind.
MISS MUNN (re-examined.) Whilst I was living in Connaught-terrace, I used generally to go to see my father in Stanhope-terrace, on a Sunday—on my return, Mr. Timewell has often asked me how my father has got on with his business in Stanhope-terrace—I have told him that he was very low, having but little business to do, and he has said "Never mind, he has a share in this till it is disposed of; his living does not depend upon that"—he has said so two or three times, I think—the conversations which he had with my father when he came twice in the same day to Stanhopeterrace, took place in the back parlour behind the shop—I was at the door—there is a glass door separating one apartment from the other—that door was open so that I distinctly heard what passed, and I saw Mr. Timewell as well as heard him.
MR. ERLE. Q. Could he see you? A. If he turned his head he could—I was standing close to the door—Mr. Timewell spoke to me once—he did not see me again that I know of—he might or might not—it was before he had the first conversation with my father—it was in that conversation that he said he would ruin him it it cost 1000l.—he might have seen me all the while if he turned his head—I have been examined by Mr. Humphreys—he merely took my statement—Mr. Albert Warren did not examine me—I was at the Exchequer, but was not called as a witness—I did not attend at the Chancery-court—I was examined by Mr. Humpnreys about six weeks ago at his office—the second conversation took Place in the same room, and in the same place—I was in the kitchen when
Mr. Timewell came in, and hearing his voice I came forward, and stood in the back room, in the same situation in which I had stood before—Mr. Timewell and my father were in the parlour—I was in the passage—there is a glass door between the passage and the parlour—my mother was there—nobody else that I am aware of—Mr. Timewell has never requested me to have the furniture taken away that I am aware of.
HENRY SMITH CAFE . I am an auctioneer and vainer, and live in Great Marlborough-street. I am neither acquainted with Mr. Timewell or Mr. Munn—I never saw Mr. Munn till he called on me, and requested me to make a valuation of the premises in Stanhope-terrace, just before the trial in the Court of Exchequer—in my judgment the utmost value of them is 186l., per annum for twenty-eight years, the improved rental would produce twelve years purchase, subject to a ground rent of 65l. a years' it would be 1452l.—1300l. Would be a fair price at twelve years' purchase, it would pay the purchaser—there would be the expenses and sale—I have not taken the premises on one entire letting; if I had, I am quite ready to state that no tenant would be found to give 186l. for them.
MR. ERLE. Q. Are you acquainted with Mr. Gutch? A. I am, and with Mr. Ellison—I never estimate premises at so much per foot for letting—I first fix my ground rent, then take the squire of the building, and allow the builder five, six, or seven per cent to make the rental—I allow so much per foot for frontage, but here I was called in to put a rental on the premises as they stood—on my oath 186l. Is the full value of the premises—I do not value it by foot frontage—it is not worth two guineas a foot with the buildings now on it—it is impossible to say the value per foot—it is a fancy price—if that ground was unoccupied, perhaps now, in consequence of Park-square being finished, and the immense building going forward, some individual disposed to speculate, would give a guinea a foot more now than he would seven years back—I have looked at the premises what they are worth now—I estimated the value of the stack of buildings on the premises, and I value it at 186l. per annum—I was called in to put a value on the premises—I did not take the square of ground—I did not value the stack of buildings on the ground—in my opinion it never cost 2300l.—I should be glad if anybody would give me 2000l. to erect more buildings than are on the ground—I did not measure it—I went into every stable, and coach-house, and every room, and even into the coal pit, and I have it all down here—if a neighbourhood is improving, premises would be worth more as a speculation.
MR. BODKIN. Q. You did not include in your valuation any supposed estimate of any trade carried on there? A. No—I valued them as if just built, and a person were to come in.
JOHN HUNTER . I am assistant to Mr. Scantlebury, a builder at Paddington. I know the prosecutor—I remember seeing him write this receipt (J)—I believe the signature to this agreement to be his hand-writing—I remember my master making some repairs for Mr. Munn.
MR. ERLE. Q. Where were you when this receipt was signed? A. At Mr. Timewells house, in Connaugut-terrace—it was given to me by him.
WILLIAM SCANTLEBURY . I am a builder. I was employed by Munn in April, 1841, to make a plan of the premises in Stanhope-terrace, with a view to some repairs and improvements—this is the plan of the alterations
that were to be made—I submitted it to Mr. Timewell's surveyor—Mr. Timewell and Mr. Fraser were present, and Mr. Oldenhaw, the ground landlord, and his surveyor—they approved of it—I then pat in a shop front, and began the alterations—in July, last year, I had finished to the amount of 120l.—Munn was to pay me—the alterations were stopped in the October following, by some law proceedings—if they had been completed they would have cost about 300l., I should judge, in addition to the 120l.—Mr. Munn was to have paid me for all the alterations—Mr. Munn showed me this agreement in October, 1841—he has not paid me any money on account—I have received about 60l. in goods.
THOMAS PALK . I am collector of the rates in Stanhope-terrace. The premises occupied by Munn are rated at 100l. a year—they were formerly rated at 80l.—I have the books here—we rate at the proportion of 5-6ths—I have known Munn thirteen or fourteen yearn—he bore a respectable character, to the best of my belief—I have seen Mr. Timewell write—I think I should recollect his handwriting—he has written several cheques in my presence—the signature to this agreement is very much like his—I believe it to be his, according to the beet of my impression.
WILLIAM MARSHALL . I was formerly coachman to Mrs. Hall Dare—I left her about twelve months last February. While I was in. her service I dealt with Mr. Timewell, in Connaugh terrace—when I first san Mr. Mann there I objected to transact any business with him, and attack for Mr. Timewell—Mr. Timewell came forward, and asked what I wanted—I gave him his order—he said, "Why not give the order to Mr. Munn?"—I said I was ordered by Mrs. Dare to give the order to Mr. Timewell—he told me I was not to hesitate to give the order to Mr. Munn at any future time, for he was then a partner with him, he had taken him in partnership with him, because, Mrs. Timewell being poorly, he had taken a place in the country, and was going to be there some time; that he was going to he backward and forward, and I was not to hesitate to give the order; they were both equal.
SAMUEL QUESTED . I am a corn-dealer, and live in the Harrow-road. I remember Munn being at the shop in the Edgeware-road—I have lent them some canary seed, and they have left me some sometimes—I tent for the value of it several times—Mr. Timewell said be knew nothing of it, and if they owed me any thing load better make-out the bill—I applied to him afterwards—he said he knew about it he would mention it to Mr. Munn, and if he knew any thing about it he would pay it—I was obliged at last to summons them both to the Court of Requests—they did not appear there, and Mr. Timewell paid it himself, without, after the summons, before the hearing came on.
MR. ERLE. Q. When was this? A. Near upon twelve months ago, I think—here is the bill I made out to Mr. Timewell.
JOHN AVELINO . I have been in the habit of I dealing at Connaughtterrace—these cheques (looking at some produced from the Court of Chancery) are my handwriting—I gave them for goods bought in the shop—I have seen Timewell there once, or twice, but I do not know that I exchanged any words with him.
MR. ERLE. Q. Was any one of them given to Timewell? A. Mr. Munn always called for the money, and I always paid him.
—I can only say they have gone through our bank, as they have our stamp—Munn has no account with us.
THOMAS STAGG . I am a carman—I lived in Connaught-terrace with Mr. Munn. Mr. Timewell used to be there occasionally—when I got any money on their account I paid it to Mr. Munn—Mr. Timewell was present at times when I have done so, and has seen me pay it over to Mr. Munn—I moved the goods to Stanhope-terrace for Mr. Munn, and he paid me—Miss Munn remained in Connaught-terrace—Mr. Timewell used to go there occasionally when she was there—if Mr. Timewell was not in the way when I had money, I paid her, and I paid him if he was in the way.
JOHN CURNOCK . My father is a farmer at Paddington. I have been in the habit of selling hay and other goods to Munn—I went to the shop to be paid—I taw Munn the first time I went, and he paid me part of the money—I went about a week afterwards, and saw Mr. Timewell and Munn both—Munn said, in Mr. Timewell's presence, they were very short of money, they would pay me the week following—I went again the following week, and got the money—I owed them a trifle for malt and things—I balanced that account with Munn—I have known Munn tern or eight years—be bore a good character.
WILLIAM WICKS . I am a builder, and live in Brown-street, Bryanstonsquare. In 1889 I was employed to do work in Connaught-terrace, Edgeware-road—I saw both Mr. Timewell and Munn—Munn gave me directions what to do—I sent in my account—there was some extra things done afterwards, which came to about 5l.—I sent that account to Mr. Munn, and he paid me—he was living there.
FELIX MDNN . I am a farmer, and live at Staple Hurst, in Kent—I am the defendant's brother. In 1839 I had some conversation with Mr. Timewell about my brother joining him—they came together to my place at the shooting season, in October, 1839, and he said he had taken him in as a partner—I saw him some time afterwards in Star-street—he said be was getting on very well, and he was glad he had lit on such a man as my brother—I think my brother showed me this agreement, in May, 1841—he did not read it to me—Mr. Warren's clerk did.
MR. ERLE. Q.. I believe you were acquainted with Mr. Warren before? A. Yes, a good while, and his clerk, Mr. Kerrison—I remember a Chancery suit out of our parish, which Mr. Warren got up—I made an affidavit for Mr. Warren about a year ago—this agreement was not shown to roe when they applied to me about the business—my brother was a wharfinger—I never saw Mr. Timewell write, and know nothing of his handwriting.
ADAM TELFER . I am an engineer in Praed-street, Paddington. I have known Munn eight or nine yean—he consulted me prior to going to Mr. Timewell, in Connaught-terrace—in consequence of his going there I had dealings there in 1839—in consequence of seeing an account of the proceedings at Queen-square in the newspaper, I looked over some of my cheques—I cannot say exactly when it was, it was within the last two months—I found these cheques among others which I had paid over to Timewell and Munn—I am not positive, but I believe it was to Munn.
MR. TIMEWELL re-examined, I never saw these three cheques—I have got my bankers' book here, but not the one of the 16th of March, 1839, here—it is mislaid, or is in the hands of Herries and Farquhar—I do not
recollect seeing these cheques before—Munn was in the habit of paying cheques into the bankers for me—the account was in my name only.
MR. ERIE. Q. Did you introduce Munn as your partner to any of these people? A. Never—I introduced him as my agent in my employ, and in no other way whatever—the books were all kept by Munn himself.
JOHN CLARK . I am a baker. I remember Munn going to join Timewell in Connaught-terrace, some time in 1839—I advanced Munn 25l. to meet a bill of Timewell's—I remember Munn going afterwards to Stanhope-terrace—I accepted 100l. bill for Time well some time last summer.
JOHN NEWSLBT WILSON . I am a surveyor, in Southampton-row, Edgeware-road. I have looked at the premises in Stanhope-terrace, occupied by Munn, with a view to ascertain their annual value—I think their full value is 1801. a-year—I know all the property in that neighbourhood perfectly well—I have been in the business about thirty-five years—I never saw Mr. Tiraewell on the premises—I was never on the premises but once, and that was for the purpose of making the survey—I was in the Court of Exchequer when the trial was going on—a person named Jones was giving his evidence, and he said that Mr. Tiraewell had admitted that Munn was to have a share in the business—Mr. Tiraewell was standing at my elbow, I turned round, and said to him, "Mr. Time well, do you hear what Jones says; he swears that you admitted Munn was to have a share in the business?"—he said, "Oh, yes, that is perfectly right, Mr. Wilson, he was to have one-third."
MR. ERLE. Q. How did you make out the 180l.? A. By calculation—I first of all took the ground-rent at sixty guineas, and then I pretomed an outlay of 1600l. odd—I presumed that from my own observation of the premises—I also took every individual stall with the loft room—I took it as twenty-eight feet frontage, and seventy odd feet deep—I should say about 30s. a foot frontage would be the very outside value—that was the principle on which I valued it.
MR. BODKIN. Q. Was the price of the frontage the mode by which you valued the ground? A. I took the ground on which it stands, and also the buildings standing on it—I presumed the ground-rent to be worth sixty guineas—I never heard what the ground-rent was—I estimated it at worth sixty guineas a-year, including frontage and depth.
---- WATSON. I am a barrister; my chambers are in Lincoln's-inn-fields. On the 14th of October, 1841, I was consulted on the part of Munn—this agreement was laid before me on that occasion—I advised proceedings in Chancery.
MR. ERLE. Q. Had I not the pleasure of seeing you at Westminster the other day? A. Yes—Mr. Albert Warren was a client of mine when that opinion was taken—he laid the case before me, and I drew the bill—I was not consulted at all about proceeding to trial at law—I gave no opinion about that—it was not my province—I did not interfere with that.
THOMAS WODDRUFF . I am a chemist, and live in Stanhope-terrace, next door to Munn—I have known him fourteen months—some time in October last I went to him, and he showed me this notice to quit, (marked M.) and on that occasion I saw this agreement—I afterwards saw the sheriffs officer in execution last January—Mr. Munn called me in to read this agreement to them.
JOHN STEVBNS . I live at Smarden. I have been to Munn's, at Staplehurst, many times—I was never there" when any agreement was shown to me—I believe I have seen this agreement before—I saw it at Munn's house, at Bays water, on the 6th of September last—Mr. Felix Munn was there at the time—on Monday, the 30th or 31st of January last, I went to Mr. Fraser to make a tender of 16l. 5s.—they told me it was for a quarter's rent—it was refused—he asked me 75l.
MR. ERLE. Q. Are you acquainted with Mr. Warren? A. I have seen him—he was concerned for me in the matter against Spicer—I employed him and Mr. Kerrison—Mr. Warren employed me to make the tender, and so did Mr. Munn—I was at Edward Munn's on the 6th of September, Mr. Felix Munn was there, and Edward Barton, I believe—not Rouse, that I know of—he might have been there, but I do not recollect seeing him—I have seen him there since—Mrs. Munn was there, but no one that has been a witness, that I know of.
MUNN— GUILTY .— Confined Two Years.
Confined Eighteen Months.
NEW COURT.—Monday, July 4th, 1842.
Fifth Jury before Edward Bullock, Esq.
2033. JOHN HOOD was indicted for stealing, on the 27th of May, 1 basket, value 1s.; and 14 loaves of bread, value 5s.; the goods of William Butcher, and that he had been before convicted of felony; to which he pleaded GUILTY . Aged 50.— Confined Six Months.
2035. NATHANIEL BEASELEY was indicted for stealing, on the 16th of June, 2 leather trunks, value 2s. 10d.; and 1 carpet bag, value 10s.; the goods of James Harkness Sanders, his master:—also for embezzlement; to which he pleaded GUILTY . Confined Six Months.
2036. GEORGE HUDSON was indicted for stealing, on the 29th of June, 1 handkerchief, value 1s. 6d.; the goods of Richard Sunman, from his person; to which he pleaded GUILTY . Aged 17.— Confined Six Months.
2038. WILLIAM WILKINSON was indicted for stealing, on the 8th of June, 1 sovereign, 15l. and 110l. Bank-note, the property of the Rev. John Seymour, in his dwelling-house; to which he pleaded GUILTY . Aged 15.— Transported for Ten Years—Convict Ship.
2039. ABRAHAM MORGAN was indicted for stealing, on the 20th of June, 120lbs. weight of lead, value 1l.; the goods of John Malcott; being fixed to a building.—2nd COUNT, not stating it to have been fixed.
MR. PATNE conducted the Prosecution.
THOMAS PLEWS . I am in the employ of John Malcott, who lives in West-street, Smithfield. On the 19th of June, in consequence of something, I examined the top of the shed, and found two pieces of lead cut entirely off and rolled up, and another partly cut off—a policeman was set to watch—this is one of the pieces that I saw on the roof, it is worth about 20s.—there was about 120lbs. weight of it.
ANGUS BAIN (City police-constable, No. 280) I was employed to watch this house—I saw the lead on the top of the shed—I concealed myself, and about a quarter before two in the morning, I saw the prisoner throw down some pieces of lead, then he came down himself, and took one on his shoulder and was walking off—I stopped him—he said he was done now—this is the piece I stopped him with.
GUILTY . Aged 22.— Confined Four Months.
GEORGE FRODSHAM . I am a watch-maker, in Change-alley, Cornhill. On the afternoon of the 23rd of June, the prisoner came into my shop; he showed me a brown paper of razors, I took up one to examine, and he made signs with his hands, pretending to be dumb; he intimated he wished to dispose of them at 1s. a-piece—I took one, and saw the name of Lowcock on it—I suspected they were stolen—I wrote on a piece of paper, "Leave them with me ten minutes,. and I will choose one"—I called for a man to go and get change; the prisoner immediately took up the razors and ran off, leaving one—I kept it and went to Mr. Lowcock—I gave information to the police.
Prisoner. I was not near the shop at all. Witness. He was in the shop ten minutes—I had never seen him before—the following day I saw him being brought up by two policemen, and recognised him directly.
GEORGE LOWCOCK, SEN . I reside with my son George, who is in business in Cornhill—I was attending his shop on the 23rd of June, and the prisoner came in for a knife with a corkscrew—I asked what price—he signified 2s., or half-a-crown—I said I had not one—a person came in to ask for a knife—I then put my head into the window, and took one out—the prisoner was still in the shop, but while my head was in the window, I could not see what he was about—when the gentleman was gone, he made signs that he wanted table-knives—he then went to the counter where the razors were—I asked at what price he wanted them—he took a pen, and wrote down 4d.—I said we had nothing of the sort—he then muttered something, and went away—shortly after Mr. Frodsham came in with a razor—I went directly to where a dozen had lain when the prisoner came in, and they were missing—this razor was one of them—between seven and eight o'clock the same evening, the prisoner was bought in—I recognized him, and said, "You are a pretty fellow to take a dozen razors from this counter"—he said he had not been in Cornhill since four o'clock that afternoon—I have no doubt of his being the person.
JOHN WELLS . I am errand-boy to Mr. Lowcock. I was in the shop on the 23rd of June, about a quarter before five o'clock—I saw the prisoner come in and ask for a knife—I am sure he is the person—I called Mr. Lowcock to attend on him—I saw him go away, and afterwards saw him brought back—I know nothing of these razors.
HENRY FERRETT (City police-constable, No. 624.) I received information, and went after the prisoner—I took him in Houndsditch, and took him to the station—he said he had done nothing—I took him directly to Mr. Lowcock, and he identified him immediately.
Prisoner. I was not at the shop; I was at home at my lodgings.
GUILTY . Aged 18.— Confined Four Months.
JOHN AUBREY . I am a clerk, in the service of James Warren and Edward Withers, wholesale grocers, in Houndsditch. I was in the counting-house on the 23rd of June—I saw a man going out of the door with a box of raisins on his shoulder—I Went to the door and saw a man going op St. Mary Axe with the box—I called John Foster, and sent him after him—he brought him back with the box—I know it is my master's—it had been several yards inside the warehouse.
JOHN FOSTER . I am in the prosecutor's service. I was called by Aubrey—I went up St. Mary Axe to Stoney-lane, and saw the prisoner with the box—I took it, and collared him—I can swear to the box from having written the initials on it—it is my master's—the prisoner wanted to know why I collared him—I said for having the box—he said he had been employed by some one to carry it, and he would take me to the party who gave it him—I called a policeman—he gave me the slip—I put the box down, and after a sharp chase I recaptured him.
WILLIAM RUSHBROOK (police-constable, No. 616.) I heard a cry of "police," and ran to the corner of Gravel-lane, and found the box in the street—I took possession of it till the officer returned with the prisoner.
Prisoner's Defence. I was going down Petticoat-lane, and a man stood at the corner with this box; he put it on my shoulder, and said, "Will you carry this for me, I will give you a drink of beer, and some half-pence?" I took it, and was following him; the witness came and took it off my shoulder.
GUILTY . Aged 20.— Confined Four Months.
WILLIAM GROVES . I keep the Mitre at Highgate—this pewter pot is mine, and has my name on it—the prisoner was at my house on the 29tn of June, I had seen him in the house once or twice before—the next morning the officer spoke to me, and I missed a pint pot—they were all right at noon the day before.
GEORGE TOREY (police-constable S 241.) I stopped the prisoner on the morning of the 30th of June, in the Junction-road, on another cliarge—I found this pot in his coat-pocket—I asked him where he got it, he said
be picked it up in the road in coming from Finchley, that he knew it belonged to the Mitre, and was going to take it home—he had before said he had not been in Highgate that night.
Prisoner's Defence. I had not been at the house the night before; at I was coming along, I picked up this pot and put it into my pocket—I laid, "I shall be there to-morrow, I will take it."
GUILTY . Aged 41.— Confined Three Months.
2043. MARY ROBINSON and REBECCA HOWE were indicted for stealing, on the 25th of June, 1 bottle, value 3d.; 1 1/2 pint of wine, value 5s.; 2 yards of holland, value 5s.; and 2 bundles of wood, value 4d.; the goods of James Easterbrook Rossiter, the master of Robinson; to which
ROBINSON pleaded GUILTY . Aged 33.— Confined Six Months.
JOHN EASTERBROOK ROSSITER . I live in Pall-mall East—Robinson was my servant for about two months. On the morning of the 26th of June she came and took the key of my drawing-room off the bed-room table—I afterwards went to my bed-room window, and saw Howe walking up and down, opposite my house, on the other side of the way—she appeared to be watching my house—I continued at the window till I saw her come over, and come in at the street-door—I went down, and saw the drawing-room door open—I immediately wont into the kitchen, and saw the prisoners—Howe was a stranger—I asked what she was doing in my house—Robinson said she had come to see her—I said it was very strange to come at that time in the morning—it was about a quarter past seven o'clock—she had a basket with a bottle of port-wine, two bundles of wood, and a cut of brown holland, in it—I saw the top of the bottle sticking out of the basket, and seeing the wax, I knew it corresponded with the seals of my wine—I matched the cut of brown holland, and it corresponds with a piece I had then in the drawing-room—I gave her into custody.
Cross-examined by MR. BALLANTINE. Q. About what time did you first observe Howe? A. About a quarter past seven—being deaf, I cannot tell whether she had rung the bell, nor whether she had gone over the way to see if any one was up—I should think Robinson had been up about an hour—I heard from Howe's husband that she washes for Robinson—I cannot tell whether Howe had the basket in her hand—I was frightened, being in the house alone.
RICHARD BAKER (police-constable C 45.) I went to the prosecutor's, and received charge of these things—Robinson said, in Howe's hearing, she had taken the wine and brown holland, that it was the first thing she had ever done, and, if her master would forgive her, she would take her box, and go.
HOWE— NOT GUILTY .
WILLIAM EVANS . I live in Marylebone-lane. I was out on the night of the 24th of June—I met the prisoner in Cheapside, and afterwards accompanied her to a house in Halfmoon-passage, Barthotomew-close—I was sitting on the sofa, and felt her hand in my pocket, and missed my
money—I had one sovereign, two half-sovereigns, and three half-crowns there five or six minutes previous—I said, "You have taken my money out of my pocket—she said, "No, I have not got any money"—I said, "You have, I will send for the landlady:—she came and searched the prisoner, and three half-crowns were found in her pocket—she would not take off her boots—I sent for a policeman, and at the station he took off her boots, and one sovereign came out of one boot, and half-a-sovereign out of the other—the other half-sovereign was not found.
Prisoner, He gave me 5s. Witness. No, I did not.
Prisoner's Defence. I took the three half-crowns off the sofa; he tumbled them out of his pocket; we were both intoxicated; the sovereign and half-sovereign do not belong to him.
GUILTY . Aged 25.— Confined Six Months.
2045. CHARLES JONES was indicted for stealing, on the 11th of June, 1 1/2 yard of quilted satin, value 1l.; 5 yards of silk, value 1l.; and 1 wooden roller, value 2d.; the goods of Francis Place and another.
CHARLES OAKES . I am shopman to Francis Place and another, tailors, at Charing-cross. About half-past seven o'clock on Saturday morning, the 11th of June, the prisoner and another man came into my master's shop—the prisoner's friend asked me for a pair of straps—I served him—he asked me to put them on his trowsers, which I did—while that was doing the prisoner walked up and down the shop—he had a macintosh on his arm—they offered a sixpence to pay for the straps—I had not got change—I told them to call as they came back—in five minutes they came and tendered a fourpenny-piece—I gave them 1d. out—the other then asked to look at some light summer waistcoat-pieces—I took twelve pieces out of the box, and laid them on the counter—he did not like my of them, but took another piece out of the box, took it over to another counter, and looked at it—he asked me the price—I said I could not tell—I went to the back of the shop to ring for my master—I returned—I had some suspicion, and looked the prisoner hard in the face—he walked out, I followed him, and when he got two or three feet from the door, I took him and asked what he had got under his Macintosh—I lifted it up and found this piece of quilted satin and this piece of figured silk—they are my master's, and had been in the shop that morning, and are worth 2l.—he said he only wanted to look at them.
Cross-examined by MR. PAYNE Q. Is yours rather a dark shop? A. Yes, the back part is—there are blinds to the windows—I took the figured silk from the prisoner—the other piece he put into the place again—I told my master the prisoner had stolen a piece of silk—I did not say I thought he had stolen it—my master did not say I must be mistaken—I did not say I was a good mind to give him in charge—the policeman came by soon after my master came down—the prisoner was all that while in the shop.
JURY. Q. Was he looking at the rolls? A. No—people do no take things to the door to look at; our shop is sufficiently light without that.
Cross-examined. Q. Did you search? A. Yes, and found 1l. 17s. 10d.
GUILTY .* Aged 21.— Confined Six Months.
OLD COURT.—Tuesday, July 5th, 1842.
Second Jury, before Mr. Common Sergeant,
2046. CHARLES PYPHERS was indicted for stealing, on the 9th of June, 1 coat, value 1s. 6d.; and 1 waistcoat, value 2s.; the goods of the Guardians of the Poor of the East London Union: to which he pleaded
GUILTY .* Aged 20.— Confined One Year.
2047. FRANCIS DEVINE was indicted for feloniously breaking and entering the dwelling-house of William Horsley Davidson, on the 8th of June, at St. Giles-in-the-fields, and stealing therein, 9 gowns, value 4l.; 4 shifts, value 5s.; 6 petticoats, value 10s.; 2 bed-gowns, value 4s.; 1 table-cloth, value 1s.; 1 necklace, value 1l.; 2 counterpanes, value 5s.; 1 blanket, value 2s.; 3 shawls, value 11s.; 3 handkerchiefs, value 2s.; 2 pain of stockings, value 1s.; 5 caps, value 6s. 6d.; 4 collars, value 1s.; 4 curtains, value 8s.; 1 pelerine, value 2s.; and 2 boxes, value 4s.; his goods; and that he had been before convicted of felony.
ELIZABETH DAVIDSON . I am the wife of William Horsley Davidson, of Bell-yard, in the parish of St. Giles-in-the-fields; it is our dwelling-house. On Wednesday, the 8th of June, at a quarter-past six o'clock, I left borne, locking the door—the articles stated in the indictment were all safe then—I returned at a quarter after nine at night, and they were all gone—I accompanied Restieaux, soon after, to No. 7, Lascelles-court, and found the boxes and several of the articles—the door appeared to have been opened by a key—the articles produced are mine, and are worth about 7l. 4s. 6d.
MARY DALEY . I live at No. 7, Lascelles-court. On the 8th of June, about eight or a quarter to nine o'clock in the evening, the prisoner brought the articles to my house (I had never seen him before the morning when he had been) he came into the room with the bundle, and said, "Mrs. Daley, the broker has seized ray goods, and if you will allow me to leave these things in your place, I shall be obliged"—I am positive he is the the.
Prisoner. Q. Did you never see me before? A. You came up the same morning to engage my husband to play at your raffle, and afterwards you came with the bundle.
Prisoner's Defence. The witness says I brought them to her house, and that I was not acquainted with her; is it likely a man would go and steal property from a dwelling-house, and take the things to her house, if I was
not acquainted with her? She said she did not know me; husband has known me five years; unfortunately, I have been in trouble once or twice during that time, and that they know; they are acquainted with the worst of characters, and frequently buy stolen property; I can account for Mrs. Mahoney's evidence being the same as Mrs. Daley's, as she was allowed to be in the room at the time she gave her evidence to the clerk and at the office she said the boxes were not in her room, but in another person's room; that proves she must have known they were stolen; the has friends who get their living entirely by robbery, and no doubt they took them there; they gave another man in charge before me.
WILLIAM DELABERTAUCHE . I live at No. 9, Bowl-yard, opposite the prosecutrix's house. On the 8th of June, about half-past eight, or a quarter to nine o'clock, I was looking out of the window; I saw the prisoner come out of the house and go up the Vinegar-yard to another man, who received the box, and away they walked.
Prisoner. Q. Did not you say at the office you should not like to swear to the man? A. No; I said, "That is the man, but he had another Coat On."
GUILTY .* Aged 26.— Transported for Fourteen Years.
CHRISTOPHER HARVEY . I am a sailor. On the 18th of June, I was lodging at the Neptune coffee-house, and saw the prisoner there—I went with him to the Royal Crown—I had two sovereigns in ray left hand trowsers' pocket—the prisoner sat at my left hand side—after some tune I missed the two sovereigns—I told the prisoner I had lost my money—he said perhaps I had dropped it—Caroline Fox, who was there, gave me information, but not in his presence—the prisoner told me to look for it—Turtle, who was there, said he had seen the prisoner's hand in my pocket—a policeman was sent for.
Cross-examined by MR. PHILLIPS. Q. Did not you desire him to feel in your pocket for your certificate? A. Yes—I said I had lost my certificate, perhaps the mistress had got it—the prisoner said, "Perhaps you have left it at home"—I did not know him before, but on Friday night I was in his company—we lodged in the same house together on Friday night, we did not sleep in the same room—I was in the house, and he too, and went to a dance on Saturday night, when I lost this money, I had been drinking a little beer—nothing else, only one glass of rum—I was not sleeping at all at the Royal Crown—the prisoner said he had never taken my money, that he had plenty of his own.
HENRY TURTLE . I was at the public-house—the prisoner sat on the prosecutor's left-hand side—I kept touching the prosecutor's foot under the table, to draw his attention, as I observed the prisoner trying to put his hand into the prosecutor's pocket—I saw him at last put his hand in, then draw his hand up to his waistcoat, but I did not see him put it into his own pocket, it was done too quick—his hand passed by his right-hand waistcoat pocket—the prosecutor missed his money—I told him to lock the door, for I knew where the money went to—the prisoner was searched in
about five minutes by a policeman, and two sovereigns found in his right-hand waistcoat pocket—before they were found, the prosecutor said he had lost two sovereigns, and he did not know how much more in silver.
Cross-examined by MR. CLARKSON. Q. Had you been drinking? A; No—I had just left my shop—I was getting a pint of beer—I had been there about three quarters of an hour—I did not drink a pint of beer—I went there alone—I have never been here before—I am quite sure, not as a witness, or in court—I was never in a court of law in my life, to my recollection—when I was eight or nine years old I was before a Magistrate, for stealing apples off a tree, and they said they would whip me if they caught me there again, and told me to be a good boy—I do not know how many times I have been before a Magistrate—people must recollect—I was tried at Yarmouth for getting drunk on board a vessel—that is the only time—they gave me a month, for bad behaviour—I did not recollect that before.
CAROLINE FOX . I was at the public-house, and saw the prisoner's hand in the prosecutor's pocket—I saw him draw his hand out towards his side, under his coat—soon after that the prosecutor said he had lost his money.
JAMES MALIK . I am a policeman. I searched the prisoner, and found two sovereigns in his right-hand waistcoat pocket, 1s. 6d. In his left-hand pocket, and eight 5l. notes and one 50l. note he took from his pocket, and gave me, and four sovereigns besides in a purse.
Cross-examined by MR. PHILLIPS. Q. Did not he say he had put his hand into the prosecutor's pocket, but it was only to search for a certificate? A. He did not—I was at the station—I heard him say he had two sovereigns—I heard him say nothing about the certificate—I was engaged counting the notes at the time—I was examined before the Magistrate.
NATHANIEL DERRICK . I am a policeman. I saw the prisoner searched—I was examined before the Magistrate, and heard him say he had put his hand into the prosecutor's pocket, but it was to search for the certificate.
MR. PHILLIPS called
(The prisoner received an excellent character.)
NOT GUILTY .
JANE TORRENCE . I am single, and keep a chandler's shop in Francis-street, Stratford. On the 29th of June I was in the parlour behind my shop—somebody called, and I went into my shop, and saw the prisoner he asked for a rasher of bacon—immediately he went out I missed the bacon, and told a policeman, who brought it back directly with the prisoner.
Prisoner. Q. When I came into your shop did riot you state that I had the bacon at the time I was buying a rasher? A. I said you must have taken it before I came into the shop—I did not miss it till you were gone—you were dressed as a sweep.
about half-past nine o'clock, and saw a soot-bag at the corner of Chapel-street—I watched it, in consequence of what Torrence had said about a quarter of an hour before, and saw the prisoner go up, and put some. thing into it—I went up to him, found the bacon, and said, "You have stolen this piece of bacon"—he said he had not, he had bought it—I asked him where—he said, in the Broadway, Stratford—I took it to the prosecutrix—she identified it—I offered to go with the prisoner to any place he might have bought it at—he would not go.
Prisoner. There was a clean handkerchief round the bacon; I bought it, and went round to sweep several chimneys, and when I came back to put my soot into the bag, I perceived the bacon had been moved, and the handkerchief also; I offered to take him to the shop on the left-hand side.
Witness. He said he bought it on the left-hand side—I went to every shop in Stratford—he gave me a false address and name.
GUILTY . Aged 40.— Confined Two Months.
2050. SAMUEL SPIERS and JOHN TRAIL were indicted for stealing, on the 25th of June, I till, value 1s. 6d.; 2 half-crowns, 6 shillings, 9 sixpences, 15 groats, 96 pence, 160 halfpence, and 132 farthings; the property of Charles Parsons.
ELIZABETH PABSONS . I am the wife of Charles Parsons, of High-street, Poplar. On the 25th of June, between ten and eleven o'clock, I was in the bakehouse—in consequence of something I heard, I looked into the shop, and saw the prisoner Spiers—he had got round the till side of the counter, at the end—he had got the till out—there was two half-crowns, six shillings, and several halfpence in it—I took hold of him, and asked what he was doing—he said, "Nothing"—I said, "But you have got our till"—Trail was in the shop—he went out—I kept hold of Spiers—Trail came back again, and said, "Let me hold him for you"—I said, "No, you belong to him"—he said he did not—a neighbour came, and both were secured.
THOMAS WALKER . I am a policeman. I was on duty about half-past ten o'clock, and took the prisoner in charge with the till—I saw both the prisoners together about two minutes before the robbery, looking in at the window, close to Parsons' shop.
Spiers's Defence. I went for a pennyworth of bread; I went round to see if any body was there, and the woman took me; I did not have the till in my hand.
Trail's Defence. I was not with the other at all; I do not know him.
SPIERS— GUILTY . Aged 16.
TRAIL- GUILTY . Aged 16.
Confined Four Months.
2051. FRANCIS COOK and ALFRED BARNES were indicted for feloniously receiving, on the 14th of June, of a certain evil-disposed person, 12 yards of satin, value 12s.; 10 yards of fringe, value 5s.; and 9 yards of calico, value 4s. 6d.; the goods of Thomas Warren, well knowing them to have been stolen.
THOMAS WARREN . I am an upholsterer, and live in Oxford-street. I furnished a quantity of property for the Italian Opera-house for the Spital-fields ball on the 26th of May—among the rest, were the articles stated in the indictment—(produced)—I have no doubt these are part of it—I sent it to the Opera-house—I do not know where it was stolen from—I can
only swear it is part of the property—I hare had the goods returned from the Opera-house, and there was a very large deficiency, much larger than the articles produced.
Cross-examined by MR. PHILLIPS. Q. Had you contracted with the committee to supply them with certain decorations? A. Yes, but this silk was not included in it—I contracted with them to fit up this silk, but it was not my property then—they were to return the property to me which I contracted to supply them with—it was hired—they were to pay me for it—I bought it of the committee after the ball took place—it was in my charge as soon as it was manufactured—it was sent to me to decorate the house—I have no partner—it was in my charge the whole time it was at the Opera-house—I had it from a tradesman, and should have been answerable to him—I suppose I must have paid it if they looked to me for it.
JAMES JOHNCOCK (police-constable P 182.) On Tuesday morning, the 14th of June, about seven o'clock, I was in Pall-mall, and saw the two prisoners and another loitering about under the colonnade—after waiting some time, I saw Cook and another go into No. 4, under the colonnade, and in about ten minutes Cook came out with these two bundles—No. 4 is not connected with the Opera-house at all—Barnes was waiting, apparently watching, under the colonnade—I went across the road, stopped Cook, and asked him what he had got—he said he did not know—I asked who gave him the bundle—he said his mother—I took both of them to the station.
Cross-examined. Q. Did you go to Mrs. Cook? A. I did—she sweeps at the Opera, and was taking care of the house, No. 4—I spoke to her about this—I have not brought her here as a witness—she told me where she lived, and I found it correct—Barnes said he had nothing to do with it.
NOT GUILTY .
GUILTY . Aged 20.— Confined Three Months.
GUILTY . Aged 18.— Confined Nine Months.
GUILTY . Aged 19.— Confined Six Months.
2055. WILLIAM PEELE was indicted for stealing, on the 7th of June, 1 watch, value 1l. 10s.; and 1 pair of trowsers, value 10s.; the goods of Edward Aidley:—also, on the 9th of June, 15 spoons, value 3l.; and 1 pair of sugar-tongs, value 10s.; the goods of Dennis Peele: to both of which he pleaded
GUILTY . Aged 25.— Transported for Seven Years.
THOMAS TYTHERLEIGH . I am a butcher, and live in Castle-street, Leicester-square. On the 19th of May, at seven o'clock in the morning, I saw a piece of beef, weighing twenty-five pounds, placed on a block in the shop—I went out, returned shortly after, and it was gone—I have not seen it since—a witness came and gave me information.
HENRY JONES . I am a butcher, and live in Market-street, Soho. On the 19th of May I was in the prosecutor's shop, and saw the prisoner take the beef out of the shop, and go away with it—I am certain he is the man.
Prisoner. If he saw me, why not stop me. Witness. I sent and informed the person belonging to the shop—he followed him, but he had got out of sight.
THOMAS THOMPSON . I am a shoemaker, and live in St. Martin-street On the 19th of May the prisoner came into my shop with a piece of beef, and asked me to let him put it on my counter while he went for a basket—he went and got a basket, and took it away—I said, "You may at well thank me"—he said, "You don't give me time."
Prisoner's Defence. I am a butcher, and get my living by hawking meat; I was not taken for five weeks after, and cannot account for all my time; but I was not in that street that morning at all; I had been in company with a female all the morning—I met the officer several times.
GUILTY .* Aged 26.— Transported for Seven Years.
HENRY MAXTED . I am a painter, and live in Cowper-street, City-road. About twenty minutes after nine o'clock I was in the Old Bailey, coming past, just after the execution—I felt behind for my handkerchief, and it was gone—I turned round and saw the prisoner behind me—I walked after him, collared him, and found my handkerchief in his breast.
Prisoner. Returning home I saw the handkerchief lay at his feet—I picked it up and put it into my breast-pocket—he came up and took it from me. Witness. It could not have gone from my pocket accidentally—I do not remember what he said when I took him—he said at Guildhall that he picked it up.
GUILTY . Aged 21.— Confined Three Months.
AMBROSE EVERARD . I keep a public-house in Essex-street, Whitechapel. On Sunday afternoon, the 19th of June, about three o'clock, I was fetched from up stairs into my yard—I saw the remainder of this lead there which had been left behind, by the side of the wall—it had been taken out of the gutter previously—I had some lead stolen before, and this was what the other thieves had left a fortnight previous—I had had it taken down, and zinc put up—the remainder was left in the yard, and I found about 30lbs. weight of this stolen—it is lead which might be wrapped round a person's body—the prisoners were in the habit of coming to my house—they were customers.
Cross-examined by MR. PHILLIPS. Q. Did you miss it during church time? A. That was the tune I received the information—I was up stairs poorly at the time, and do not know whether any customers were then.
MARY MALONET . I am the prosecutor's servant. I saw the prisoners in the tap-room about church-time on the 19th—I saw them go into the yard—Daley was in the stable adjoining the water-closet—the lead was opposite the water-closet—the prisoners were backwards and forwards, and as soon as they went, I found the lead was gone, and the rest was in the stable where I had seen Crawley—there was the mark on the water-closet where they had cut it—nobody went into the place but the prisoners—I told my master.
Cross-examined. Q. How many people were in the public-house at that time? A. About eight or nine before, we closed—after we closed there was nobody there but the prisoners, and they remained backwards unknown to me—all the rest were cleared out—I had a fellow-servant—I did not suspect the prisoners would take it—they went out about three or fire minutes after three.
Cross-examined. Q. Have you brought the shirt here? A. No—I did not apprehend him—the marks were not noticed till be was before the Magistrate, and I could not take it off there.
MR. PHILLIPS called
JULIA M'CARTY . My husband is a labourer, and keeps the house, No. 5 1/2, Flower and Dean-street, about ten minutes' walk from the prosecutor's. The prisoners lodged with us nearly five years—they came home on Sunday afternoon, the 19th of June, about twenty minutes after three, I think—I can declare it did not exceed half an hour—I taw them come in—I saw nothing bulky about them—I received Crawley's dirty shirt at Lambeth-street, last Monday week, when I took him a clean one—I washed it—I did not observe any more marks on it than usual—I have known Daley twenty-four years.
NOT GUILTY .
2059. PATRICK DALEY was again indicted for stealing 2lbs. weight of copper, value 2s.; and 1lb. weight of lead, value 2d.; the goods of Robert Hanbury, and others, his masters.—2nd COUNT, stating them to be the goods of Robert Hanbury.
MR. BODKIN conducted the Prosecution.
JAMES M'MICHEN . I am a policeman. On Sunday, the 19th of June, about half-past six o'clock in the afternoon, I took Daley into custody at No. 5 1/2, Flower and Dean-street—I took him to Spitalfields station, then returned to his lodging, and felt the weight of his box, which appeared to be heavy, returned to the station, and asked him for the key—he said he had not got it, somebody in the house must have it—when I left the box in the room, T left Crawley there—when I returned he was gone away with another constable, and I found the box open then—I found in it these pieces of copper, a piece of lead, and a piece of solder—I showed them to the prisoner afterwards—he said he had had them in his box for years—I asked him if he knew how much money he had got in the box—he said two 5s. pieces and two half-crowns, which I found in it.
JOHN CASTLE . I am foreman of the copper-smiths, in the employ of Robert Hanbury and others—Daley had been in the employ eight or nine years—we have missed a great deal of property lately—he has beard me complain about it bitterly—he was employed in my department, and had access to the metal used there—these articles are the property of the prosecutors—some of this copper is trimmed by myself, and this solder I know by the shape—I am certain this is their property.
Prisoner's Defence. I had had the copper in my possession some years.
(The prisoner received a good character.)
GUILTY . Aged 39.— Confined One Year.
2060. EMMA FREAR was indicted for stealing, on the 3rd of June, 1 bonnet, value 7s.; 2 petticoats, value 6d.; 1 shawl, value 6s.; 1 pair of stockings, value 6d.; and 1 apron, value 6d.; the goods of Jane Watts.
ELIZABETH LOWNDES . I am a widow, and live in Charlotte-street, New-road, Chelsea—Jane Watts had lodged with me, and left the things in question with me. On the 3rd of June the prisoner took my lodging for two nights—she came about five o'clock in the evening—I left her in the room the next morning for about ten minutes—these articles were then in the room—when I came back she was gone, and the articles likewise—the bonnet and petticoat have been found—these now produced are them.
Prisoner. She lent me the bonnet. Witness. I did not—I lent her a shawl and apron of mine—I lost them also.
GUILTY . Aged 22.— Confined Six Months.
THOMAS HIGGINS . I live in Devonshire-street, Chiswick. On the 21st of June, at a quarter to twelve o'clock, I was in Queen-street, Windmill-street—I left my coat in my cart, which had tares in it, for four or five minutes—I returned, and it was gone.
STEPHEN SILANI . I live in Silver-street, Bloomsbury-market. On this day I was at the corner of Queen-street, and saw the prisoner dressed in a smock-frock—I saw a cart with tares in it, and saw him take the coat from the front of it, and go up the street with it—I lost him.
Prisoner. I was down at the West India Docks at the time. Witness.
I have seen him two or three times before that, and have no doubt of him.
GUILTY . Aged 25.— Confined Three Months.
JANE COPPINS . I am the wife of John Coppins—I dealt with the prisoner for milk. On the 30th of June I wanted a halfpenny-worth of milk—I had two farthings and a sovereign in my pocket, and gave him a sovereign and a farthing by mistake—when my husband came home he asked me for some money, and I found I had got the farthing instead of the sovereign.
JOHN COPPINS . In consequence of information from my wife, I went after the prisoner, overtook him, and told him my wife had made a mistake, and given him a sovereign instead of a farthing—he said, "It is no one thing, your wife bought a halfpenny-worth of milk of me, and gave me two farthings"—I said, "If you are an honest man, turn out your pocket, and I shall be satisfied"—he said, "I tell you what it is, I have no sovereign about me; if your wife gave me one, I must have paid it away"—he refused to tarn his pocket out—I kept him in sight till I found a policeman, and the sovereign was found on him, and two or three farthings.
Cross-examined by MR. BALLANTINE. Q. Was not what he said, "If I have got the sovereign, I mean to keep it?" A. No, he denied having it, and again to the policeman several times—as he was going to the station he gave his cans to his little boy—after be was in charge, and the sovereign found on him, he said, "Tell your mother I have been very lucky this morning, I have taken a sovereign instead of a farthing"—I requested him not to send such a message home.
>GUILTY. Aged 46.—Recommended to mercy by the Prosecutor and Jury. — Confined Seven Days.
FREDERICK TUCKER . The prisoner was my errand-boy. In consequence of losing money, on the 30th of June, about twelve o'clock, I marked five penny-pieces and one halfpenny, and put them into the till—I left the shop, returned in half an hour, went to the till, and found the money was gone—I charged the prisoner with stealing it—he emptied his pockets, and I saw three penny-pieces which I had marked come from his pocket—he had been at dinner before this—these are them—I have the stamp I marked them with—he said he did not take them.
Prisoner. Master used to send me out on errands, and give me money out of the same till. Witness. I had not sent him anywhere during that half-hour after the money was marked—I never marked any before.
GUILTY . Aged 21.— Confined Three Months.
JAMES CHARLICK . I am a hair-dresser, and live in Rathbone-place, Marylebone. On the 10th of March, the prisoner, who is a policeman, came to my house—I missed a razor off the mantel-shelf when he was there—I took no notice of it till the 16th of June, when he was there, and I missed another—I went with the officer to his house—he offered to show me all his razors, and the second razor that he produced from his box was
mine—this is it—I have no doubt of it—this piece of string I tied to it myself.
Cross-examined by MR. PHILLIPS. Q. Is this the one you lost on the 10th of March? A. Yes, the police-sergeant was with me—he said In would willingly show me all he had got—he then took out one first—the second was the one I had lost on the 10th of March—I said it was mine—he immediately said he had bought it of a man in the street, who was in want of bread—it is worth 1s.—it is broken—it was broken when I lost it, and the string was tied round it—the prisoner had his police clothes on when he came to be shaved, so that I could read his letter and number—I had no suspicion at the time—I was busy—I never looked at his letter and number—his collar was up, to the best of my knowledge—I know nothing about the collar—if he had his coat on, I suppose his collar was up—I took no notice one way or other.
Cross-examined. Q. You told him he was accused of stealing a pair of razors? A. I did—I had not given him any notice of it before—he said I was welcome to go and search his boxes, and every place he had—on searching he produced the razor himself—I searched every part of his apartments—be said he had bought it of a man in the street, dressed in a black coat and drab trowsers—he declared his innocence several times—I have known him in the force two years and a half—I cannot say that he was marked for promotion—I have had charge of the section he belonged to many times, and have no reason to complain of him—he has a wife and one child.
COURT.. Q. How came you to search so late as June? A. There was a rumour that he had stolen two razors, and I went on the 25th of June to inquire about it.
NOT GUILTY .
2065. SARAH ELIZABETH HORNBY, alias Plummer, was indicted for stealing, on the 21st of May, 2 handkerchiefs, value 4s.; 2 pinafores, value 3s.; 1 petticoat, value 1s.; and 4 towels, value 2s.; the goods of Ann Gooderham, from the person of Edward Bransby Gooderhum.
ANN GOODERHAM . I am a widow, and keep a mangle, and live in Buxton-street, Clerkenwell. On Saturday, the 21st of May, Hutchins came to me with the articles stated in the indictment to be mangled, from No. 14, Chadwell-street—about two hours after the prisoner came (about twelve o'clock) and said she had called for the mangling, from No. 14, Chadwell-street—I said I had not done them, but would do them, and send them home—I afterwards sent them home by my little boy, Edward Bransby Gooderham—they have never been found.
Cross-examined by MR. PHILLIPS. Q. Was there any thing remarkable about the prisoner? A. Only she was rather dirty—I knew her face again directly I saw her, about an hour after—I looked in her face, it was as it is now, only she had no cap on.
EDWARD BRANSBY GOODERHAM . On Saturday, the 21st of May, about twelve o'clock, my mother gave me a bundle to take to 14, Chadwell-street—as I went along the prisoner met me, and stopped me—I am sure it is her—she said she was just coming for the things—I thought she was the servant,
and gave them to her—she went up the steps of No. 14, Chadwell-street—I ran home.
ELIZA ELIZABETH HUTCHINS . I am servant at No. 14, Chadwell-street, On the 21st of May, in the morning, I was crossing St. John-street with the linen, going to Mrs. Gooderham's—the prisoner stopped me, and said, "I have got the ring to mend for your mistress"—I said, "Have you?"—the said, "Have you got a piece of paper to wrap it up in, otherwile you may lose it?"—I said no—she said, "If you will take the ring, I will take the mangling," and she wanted to know If I was to fetch the mangling home—I said, "No, the woman will bring it home"—he said, "Oh, I know, twelve o'clock"—then she said it was Mrs. Gooderham's—I had not mentioned the name—she wanted me to take the ring, but I would not, and I kept the mangling things.
MR. PHILLIPS called
---- HORNBY. I am a writer and sign-painter, and lived in Mrs. Lutford's house, where the prisoner lodged—I lodged there about eight weeks—I know the prisoner perfectly well—I saw her there on the 21st of May, at nine o'clock in the morning—I left her in the room in bed—I went to the Commercial-road, to take home some orders, and returned, I believe, at past one—I will say it was a quarter past one—I found her at home in bed, and she had not been out that morning—I did not leave her mother at home that I know of—I do not know that she was there—I did not observe any thing the matter with her eyes on the 21st of May.
COURT.. Q. How came you to see her in bed? A. I have been living with her since October—she has passed as my wife.
PLUMMER. I am the prisoner's mother. I remember Saturday, the 21st of May—I saw her that day at ten o'clock in the morning, at home at her own places—he was very poorly, and was not up—I left her in bed at half-past ten—she got up out of bed to open the door to let me in—she looked very poorly—I told her so, and she said yes—Hornby is not married to my daughter—he lives with her—I do not live in the house.
MARY ANN PLUMMBR . I am the prisoner's sister. I remember Saturday, the 21st of May—I saw her that day, at three o'clock in the afternoon—I was washing in the fore-part of the day out of the house, and returned about three o'clock—I saw her in her room, in the back-parlour—she was very poorly.
GUILTY . Aged 19.— Confined Four Months.
SARAH BARNARD . I am the wife of Edward Barnard, of No. 5, Portland-place, Clerkenwell. On the 31st of May I sent three shirts by my daughter Harriet, to No. 8, Cross-street, Islington—in consequence of what I heard afterwards, I gave the prisoner in charge.
Cross-examined by MR. PHILLIPS. Q. What day did you give her in charge? A. I do not know the day of the month—it was the Saturday three weeks after the child alleged the things were taken from her—I did not see her on the 31st of May.
HARRIET BARNARD . I am eight years old. I recollect my mother giving me three shirts to go to No. 8, Cross-street, Islington, at ten o'clock in the morning—I went as far as Owen's-row, near Sadler's Wells. and met the prisoner there—I am sure of her—she said she was coming for the things—I gave them to her, in consequence of what she said—she said she was Mrs. Barnard's sister—she asked me how much the things were—I said half-a-crown—she came back again in ten minutes—she said she would send 2s. 9d.
Cross-examined. Q. Do you remember how the person was dressed? A. She had got a yellow dress on, and a black silk drawn bonnet—I saw her face—there was nothing particular about either of her eyes—I saw her face, and cannot be mistaken in that—I am as sure of that as I am of her being the person—there was nothing the matter with either of her eyes.
MR. PHILLIPS called
ELIZABETH CHAPMAN . I am the wife of Charles Chapman, a brass-founder, and live in Market-street, in the house with the prisoner. On the 31st of May I saw her with a black eye—it was very visible to any one that could look in her face—it was black and blue, and her cheek was swollen.
---- PLUMMER. I am the prisoner's mother. I saw her on the 31st of May—she had a black eye—her cheek was swollen—it was not easy for any one to look in her face without seeing it.
HORNBY. I saw the prisoner on the 31st of May last—her left eye was blackened, and her cheek was swollen—it would be impossible for any one to look in her face without seeing that her eye was black.
MARY ANN PLUMMER . I am the prisoner's sister. I saw her on the 31st of May, about three o'clock in the afternoon—she had a black eye, and her face was swollen—it was visible to anybody that looked in her face.
JURY to MRS. PLUMMER. Q. What coloured dress did your daughter wear that day? A. A red gown, striped with white, and blue small flowers, and a plain black silk bonnet, and black shawl.
NOT GUILTY .
GUILTY . Aged 18.— Transported for Seven Years.
2068. MARY SMITH was indicted for stealing, on the 22nd of May, 1 shawl, value 8s.; 1 breast-pin, value 5s.; 1 shirt, value 4s.; 1 blanket, value 2s. 6d.; and 1 bed-cover, value 2s.; the goods of Ann Palmer.
ANN PALMER . I am a widow, and live at No. 3, North-street, Manchester-square. The prisoner lived with me three months—on the 5th of June I missed the shirt and pin—the things were not all missed the same day—these now produced are mine—I found the prisoner walking the street—I charged her with it—she wished me to give her time to release them.
JAMES NEWMAN . I am a policeman. I produce a corresponding duplicate which I found on Ann Fox—I took the prisoner into custody for robbing her furnished lodgings—next morning I asked her where the duplicates were, and she said she was very sorry, she meant to redeem them if it laid in her power—all these articles were found at four different pawn-brokers.
Prisoner's Defence. I intended to replace them again, not thinking they would be missed; I was willing to do so if she would give me time; she said she would; I came home with her with that intention, and the gave gave into custody.
GUILTY . Aged 24.— Confined Three Months.
SARAH PRIESTLEY . I am the wife of Joseph Priestley, of No. 40, Edward-street, Regent's-park—I take in washing. The prisoner is my daughter—on or about the 27th of June I had a shirt belonging to Dowdell, a policeman, to wash—my daughter was there—I missed the shirt out of the tub—I called out to her, and she ran out of the house—I sent a man after her—she did not come back to me—she was taken to the station—this is the shirt.
JOSEPH SKIDMORE . I am a policeman. I received information, and went after the prisoner—I found her with the shirt—she said she had it from her mother's—I found this towel also—she said she had nothing to say for herself.
GUILTY . Aged 15.— Confined Six Months.
ELIZA MILLS . I live in the Broadway, Westminster, and sell pork—I am the prisoner's mistress. On Saturday night, about ten o'clock, I received information that a piece of of was taken from outside my shop-board—I sent for a policeman, and charged the prisoner—my brother asked him where he had sent the pork—he denied sending any pork at all—the value of it was 2s.—I had strictly forbidden him to send any goods out without my knowledge.
Cross-examined by MR. CHARNOCK. Q. Did you state before the Magistrate that he denied selling it? A. My brother did—I was not asked the question—I heard him deny it—it was missed between nine and ten o'clock—I sent the prisoner to Chelsea on that occasion—my brother charged him about the meat before he went—after he returned he paid 2s. 6d. for it—he came home, went through the shop into the yard, returned, and placed 2s. 6d. on the counter, saying it was for a piece of meat he had sent to Mrs. Greenway, in York-street—he lives at Mrs. Green way's—I believe he is married—I know a person named Phipps—I do not know whether she is his wife's sister—I believe they live together—Mr. Phipps works for my brother—this is my shop—my brother has not several shops—the prisoner was sent out with goods which were ordered in the course
of the day—he placed the money on the counter—I did not take it up—it was after he was questioned as to where he sent the pork—I was present when he was questioned—that was I think a little after nine o'clock—it was about ten when he paid me—the meat weighed 41bs., at 7d. a pound—the policeman weighed it when he brought it back the same night—after I gave him in charge the policeman was ordered to fetch it.
GEORGE JONES . On Saturday night, about ten o'clock, I was helping the boy to put the horse in the cart for Mrs. Mills—the prisoner called me from helping the boy, and said, "Here, Jones, come and take this piece of pork to my house"—I knew his house—I had been there before for him—I took it in a tray—I came back, and put the tray outside—I did not pass the shop—I came back the way I went.
Cross-examined. Q. I suppose you took this openly and publicly on the tray? A. Yes—there was no secrecy about it—he gave it out openly—there were several persons by.
Cross-examined. Q. This was done openly, was it not? A. Yes—There was no one but me and another in front—I saw it perfectly clear—the tray was underneath the shelf with the meat in it—I was close to him—he said it was all right—I thought it was all wrong—I do not know whether the back way was the nearest to where he lives, it might be—I did not see it weighed—I do not know that it was not weighed.
GEORGE MILLS . Between ten and eleven o'clock, in consequence of what Fry told me, I said to the prisoner, "Where have you sent the joint of meat to, that you sent by a boy through the Bell-yard?"—he denied sending a joint of meat at all—he afterwards went out with the cart, and afterwards produced the half-crown—that was after I had made the demand.
Cross-examined. Q. Is this your shop? A. No—I do not know that he has frequently sent meat home and paid my sister for it—there would be no impropriety in that, if he did do it.
MR. CHARNOCK called
PHIPPS. I live in the same house as the prisoner and his wife—my husband is in the employ of Mr. Mills as a poulterer. I have frequently been in the habit of requesting the prisoner to supply me with joints for Sunday—on the day before this, I requested him to send me a joint of pork if he had got one very nice, and not fat, and on the evening of the 25th, a little boy brought it in a tray quite openly—I received it—about two hours after that, I like it?" and said, "Richard, how much is that loin of pork, I like it?" and I gave him 2s. 6d.—I have known him from his childhood—his character is irreproachable—I never knew the least against him.
(The prisoner received a good character.)
GUILTY.—Recommended to mercy. Aged 30.— Confined Four months.
HENRY PRINCE . I live in White Horse-court, Whitecross-street on Tuesday afternoon, the 28th of June, about four o'clock, I was going along Whitechapel, and saw the prisoner and another woman together standing against Mr. Hunt's window—a gentleman was standing close by
them—she attempted to take and pull out a roll of something—the other one took it out, and gave it to the prisoner, I followed her up Osborne-street till she got into George-street—I told the policeman something—he went after her, took her, searched her, and took this roll from her—this is it—(produced.)
Prisoner. It was not.
GUILTY .* Aged 17.— Confined Nine Months.
GUILTY . Aged 19.— Confined Six Months.
2073. SAMUEL PARSONS was indicted for stealing, on the 18th of June, 1 pair of scales, value 7s., the goods of Charles Thomas, his master; and that he had been before convicted of felony.—2nd COUNT, stating it to be 31bs. weight of copper, and 8 1/4 lbs, of lead.
Prisoner. Q. Did not you offer me 2s.? A. To tell me the truth where the scales were sold—I laid down the 2s. before you, and you did not tell me anything—52. would not pay me for what you have robbed me of.
GUILTY . Aged 16.— Transported for Seven Years—Convict Ship.
DANIEL ABBOTT . On the 27th of June I missed a chair—in consequence of what my little girl told me, I went out and found the prisoner with it about a quarter of a mile off—I had not sold it her—she had no business with it.
MARY ANN ABBOTT . On the 27th of June I was in my father's shop, and saw the prisoner bring in a bundle, put it on a chair, and take away chair and all—she did not talk to me about buying it, or to anybody—when she was brought back she said she bought it of a woman for 2d.
Prisoner. I bought it of a woman after leaving the shop; I did not take it; I was very much in liquor, or else I should not have had anything to do with it, and I am very sorry that I did.
GUILTY . Aged 54.— Confined. Three Months.
NEW COURT.—Tuesday, July 5th, 1842.
Sixth Jury, before Edward Bullock, Esq.
2075. WILLIAM KEATE was indicted for embezzling, on the 21st May, 15s. 9d.; and, on the 31st of May, 5l. 14s.; the monies of Header Treverton and another, his masters; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 19.— Transported for Seven Years.
FRANCIS ALLEN . I am a baker, and live in Mortimer-street, Marylebone. The prisoner was my journeyman for about eleven months—he used to receive money for me, which he should pay me the same day that he received it—he left me on the 20th of June, without notice—on the 25th the policeman brought him to me—I told him he had taken 13s. 5d. of one customer, and 9s. 11d. of another, and not paid it to me—he said he had nothing to say.
JEMIMA ROOK . I am the wife of Richard Rook, Hying hi Paul-street, Portman-market; I deal with the prosecutor. The prisoner brought bread to my house—on Monday the 20th of June I paid him 4s. 6d. for Mr. Allen—I saw him sign my book.
THOMAS WALLIS (police-constable E 130.) I was called to Mr. Allen's, in Portland-street, and the prisoner was given in charge—he said he did not mean to wrong Mr. Allen, and that he had been rather intoxicated—I found 3s. 3 1/4. on him.
Prisoner's Defence. I had got in debt with my master; I was ill, and was obliged to leave him; I had but 5s. a week, not enough to live upon; and when I received this money from Mrs. Freeman there were two omnibuses coming along; I ran, missed the half-sovereign out of my hand, and was afraid to go back.
GUILTY . Aged 21.— Confined Six Months.
WILLIAM FAIR . I am a boot-maker, and live in Fleet-street—the prisoner was in my service about three months. On the 27th of June I lost these four pairs of boots now produced—I can swear to them by the marks.
JOHN BARTON . I am foreman to the prosecutor. These boots were in my hand five minutes before I missed them—I put them on the drawers at the farther end of the shop—they were found in the wood-cellar, behind some rubbish, by Mr. Fair's son.
Prisoner. Q. Did you see me go down with them? A. No—I was in front of the shop, at the window—a gentleman came to the shop, you began to serve him, and then I served him.
MARGARET FAIR . I am the prosecutor's daughter. The prisoner went down stairs three times this day when my back was turned—I saw him come up the third time with a piece of bread-and-butter in his hand—I know these boots were in the shop five minutes before he went down.
Prisoner. Q. You did not see me take any thing down stairs? A. No.
WILLIAM FAIR, JUN . I am the prosecutor's son. About five o'clock in the afternoon the foreman sent for me, and told me in the prisoner's pretence, that a pair of button-boots were missing; he could swear he put them on the drawers not five minutes previous—we went down, and found this pair of cloth boots in the wood-cellar.
2078. DAVID CRANE was indicted for stealing, on the 12th of June; I watch, value 4l.; 1 chain, value 2l. 10s.; I seal, value 1l. 10s.; 1 key, value 1l.; 2 drawings, framed and glazed, value 1l., 5s.; 1 table-cover, value 7s.; and 1 pair of boots, value 5s.; the goods of Charles Stedman :. and EDWARD CONROY, for feloniously receiving the watch, chain, and teals, well knowing them to have been stolen; against the Statute, &c.
CHARLES STEDMAN . I am an ornamental and decorative painter, and life in Charles-street, Hampstead-road. On Monday morning, the 13th of June, I missed a watch, chain, and seals from the front parlour mantelpiece, a drawing, by Sir Thomas Lawrence, from over the chimneypiece, and the cover off the table—they were all safe at nine o'clock on Sunday evening—I found the parlour in great confusion—it was left in order the night before—the window was down in the morning, from the top—I cannot tell whether it was down in the evening—I gave information—this is my watch and seals—they are worth 8l. or 9l.
JAMES LOCKYER . I am shopman to Mr. Dempster, a pawnbroker, in Blackfriars-road. On Friday, the 17th of June, Conroy came to our shop, and offered this watch, chain, and seal for 30s.—I asked if it was gold—he laid it was—I said I should go and try it—I had seen some handbills, in consequence of which I had suspicions, and got an officer, who took him—he said he bought the watch of a boy for 1l.
RICHARD WHEATLEY (police-constable M 161.) I was brought to Lockyer's shop on the evening of the 17th of June—Conroy was given into my custody—he said he bought the watch of a boy named David for 1l.—as we were going along he wished to say something—I told him to go quietly, and not to say anything that might be used against him—he said David was lodging at his house in Buckeridge-street—I went there, waited some time, and took Crane—while taking him over to the Surrey side, he asked where Conroy was taken—I told him—he said, while he was standing looking in at a shop-window, a boy came and asked him to buy a watch; he said no; the boy asked him to put the watch into his pocket; new consented, and they were together three hours; he lost the boy, and sold the watch to Conroy for 1l.
Crane's Defence. I was going down the Strand; a boy came and
asked me where I was going; I said, "Not far;" he said he would take walk with me; after two or three minutes he showed me a watch, and asked me to buy it; I said I had no money; he asked me to mind it; I asked where he lived; he said it did not matter much. After I had been with him two hours and a half, I missed him; I sold the watch to Conroy next day for 1l.
MR. PHILLIPS, on behalf of Conroy, called
JAMES MASON . I keep the Robin Hood, in Church-lane, St. Giles's I have known Conroy four years—he frequented my public-house—be showed me the watch, laid it on the table, and said he had bought it—there were plenty of people there.
JOHN O'BRIEN . I am a baker, in George-street, Bloomsbury. Conroy showed me this watch in Broad-street, Holborn, and asked my opinion whether he gave too much for it—there was not the least concealment.
CRANE— GUILTY . Aged 19.— Transported for Ten Years.
CONROY— NOT GUILTY .
RICHARD CURTIS . I am a carpenter, and live in Chapel place, Lincoln'i-inn-fields. I was passing the prosecutor's shop at seven o'clock in the morning of the 25th of June—I observed four small baskets of potatoes, and three large ones—I saw the prisoner close by—I went on, art the prisoner passed me with this basket of potatoes—I sent for an officer, and she was taken.
BENJAMIN SUMMERS . I am in Clare-court. I had some potatoes outside my shop on the morning of the 25th—I missed one half-sieve of potatoes—I afterwards saw the prisoner in custody—this is the basket—it contained the potatoes—the basket was Mr. William Easdon's, and was in my care till I had disposed of the potatoes.
WILLIAM COOK (police-constable L 44.) I took the prisoner running down the court with the potatoes in the sieve—she said she was going to carry them to Cooper's, and they were going to give, her 2d. for carrying them.
Prisoner's Defence. I was coming from Covent-garden market; I had no basket; I was called by a woman; she said, would I take and leave these potatoes at Cooper's, and I took them.
GUILTY .* Aged 43.— Confined Four Months.
WILLIAM RALPH . I am a publican, and live at Hendon. I have known the prisoner twelve months—he came to my house about eight o'clock in the evening of the 24th of June—there were many other persons there—I went into the room—the prisoner was having some words with a countryman—he turned round, and made a snatch at my watch-chain—I felt the tug, put my hand up, and missed the seal, key, and ring from my chain—I seized his left hand, and called out, "He has taken my seal"—he had
nothing in his left hand—I took his right hand—he then opened it, and these things were in it—he said he did not intend to the, he did it accidentally—he dared me to stop him—I went for a policeman—the prisoner went down to a barn where he slept with many others—there was no row in the room—this is my seal and rings.
Prisoner's Defence, I was drunk all the afternoon; I kid not been in long before an Englishman wanted me to fight; I said I would not; he got up and struck roe, and tore my waistcoat; I, being a liquor, did not know what I was doing; I suppose the prosecutor dropped it accidentally, and I picked it up; I heard him say he had been robbed; I opened my hand, and gave it to him.
GUILTY. Aged 28.—Recommended to mercy by the Jury , Confined Three Months.
BEHJAMIN LATTICE , I keep cows, and live at Hagerstown. The prisoner came into my service on the 1st of June—on Wednesday morning, the 15th, he came to work about a quarter past six o'clock, he asked me to let him go home, and about a quarter past seven he passed through the shop, by the window—in consequence of something I called him back to the dairy, and saw something under his left side rather bulky—I asked him, and he said he had nothing there—I was not satisfied, pulled his coat open, and one of the gaiters fell from under his coat—I gave him no leave to take it away—I took off his hat, and there found the other gaiter—these are them—they are mine—he said he did not intend to steal them, he meant to ask me what I would take for them.
JAMES PLANT (police-sergeant N 15.) I was called—I saw the prisoner running, and the prosecutor after him—I pursued, and he was stopped by a gentleman—I took him—be said he did not intend to steal the gaiters, but to ask his master if he would sell them—after that he begged his master not to charge him, he would pay him any thing he liked for them.
Prisoner's Defence, I went into the cow-shed, and got these gaiters; I brought them in; he said, "What have you got there?. I said, "Your gaiters, will you sell them?" he hit me in the face, and told me to go; I was going, he ran and stopped me. GUILTY . Aged 17.— Confined Two Months.
JAMES DAVID JONES . I am a clerk, living in St. George's-row, Kent-road. On the 28th of June, I was in Fresh-wharf, near London-bridge—I saw something taking place, and went near the water to look—I felt something touch my shoulder, I turned, and away Morford with my handkerchief, which was safe in my pocket about a quarter of an hour before afterwards gave the prisoner into custody.
I was in Fresh-wharf, looking to see a man who had fallen into the water—I saw the prisoner standing with his face towards the back of the prosecutor—I saw him take the handkerchief from the prosecutor, and conceal it—I touched him, and told him I should take him for that—I took it out of his band, and spoke to the prosecutor, and he took the prisoner the officer.
Prisoner's Defence. I was standing on London-bridge wharf; a man fell overboard; a number of persons ran, and in the scuffle the handker. chief was thrown on my arm.
GUILTY . Aged 18.— Confined Ten Years.
2083. HENRY JOYCE was indicted for stealing, on the 31st of May, 4 3/4 lbs. weight of mutton, value 3s.; 1 loaf of bread, value 4d.; 1 1/2 1d., of cheese, value 1s.; and 2 ounces of butter, value 2d.; the goods of Samuel Priddle.
SAMUEL PRIDDLE . I live in Weston-place, Edgeware-road, The officer called on me—I went to the station, and saw some mutton, bread, and cheese, which were taken from my safe under the gateway—they were safe the day before—I could swear to them I was the last person who had cut from them.
GEORGE ALLEN (police-constable S 77.) Bush, who was bound over to appear, is deceased. I can swear to his signature to this deposition—it is his writing—(read) "William Sage Bush says, I am a police-constable, No. 199 S. At a quarter before five this morning, I was Lyon-mews, Edge ware-road—I saw the prisoner and another boy—the other boy said,' There is a policeman and the prisoner ran away—he Bad a bundle—I ran and took him in North-street—I asked what he had—he said, Do you think I have stolen it V—I said I did not know—I found part of a cooked leg of mutton, weighing 4 3/4 lbs., half a quartern loaf this cheese and butter—he said he had not had much to eat yesterday, and he brought these out to eat, as he was going to work—after he was locked up at the station, his mother brought him some tea—I give it him—his mother said, "How came you to do this?—he said, he did not steal it, two boys gave it him to hold, because they saw the policeman coming."
Prisoner's Defence. Two boys gave it me to hold; they said the policeman was coming—he came and caught me—I did not walk away—I stood still.
(The prisoner received a good character.) GUILTY. Aged 14.—Recommended to mercy: — Confined Two Months.
2084. JOHN GREEN and GEORGE SULLIVAN were indicted for stealing, on the 27th of June, 1 box, value 4s.; 1 gown, value 15s.; 3 yards of calico, value 3s.; a body of a gown, value 2s.; 2 sheets, value 6s.; 16 towels, value 8s.; 7 pairs of stockings, value 14s.; 1 pair of gloves, value 2s.; 11 spoons, value 1l. 10s.; 1 pair of shoes, value 6s.; 1 tea-pot, value 1s. 6d.; 1 pairs of ear-rings, value 7s. 6d.; 1 ring, value 2s.; 1 necklace, value 2s.; 4 books, value 1s.; 2 yards of printed cotton, value 2s.; 1 brush, value 2s.; 2 combs, value 1s.; 1 portfolio, value 2s. 6d.; 1 purse, value 6d.; 8 screws, value 6d.; 1 wrench, value 1s., 6d.; and 1 pair of drawers, value 2s. 6d.; the goods of Benjamin Church.
BENJAMIN CHURCH . I am a pensioner at Chatham-dockyard, and live at Chatham. On the 27th of June, I went off in a van belonging to West, from Poplar to Chatham—I gave him a hair-trunk, containing wearing apparel, some silver and metal spoons, 2 sheets, and some ear-rings belonging to me, and when I got to Chatham, I missed the trunk—I went to the Mansion-house last Saturday, and saw my trunk there—this now produced is it
GEORGE WEST . I am a dealer in ship-timber, and live at New Brompton, near Chatham. Between two and three o'clock in the morning, I put this trunk into the van—I unloaded the things at Chatham, about dusk—I did not miss the trunk, because we bad to carry the things up a sharp hill to the prosecutor's grandson—I carried them.
ROBINSON WEBB (City police-constable, No, 479.) At four o'clock on Monday morning, the 27th of June, I was on duty in Duke's-place. I saw the two prisoners walking close to each other; Green was carrying a trunk upon his head, Sullivan was close to him—I met Bunting—I observed the prisoners go into Castle-Street—I had suspicion, and desired Bunting to follow them—I went round by Hounds ditch, to meet them at the other end—when I got to Hounds ditch, I saw the prisoners cross from Castle-street to Hound-ditch—they mixed themselves up with some drovers—they had then got rid of the box—Bunting made some sign—Green was taken by another officer—Sullivan started off—I pursued—he was stopped by another officer—as I passed the end of Castle-street, I saw Bunting with the trunk—Sullivan said he did-not know what be was taken for, and seemed incised to resist—I was present at the opening of the trunk at the Mansion-house, and we found out the prosecutor, who cam. and identified it Green. The officer said he did not know which was carrying it Witness. I was rather excited—I could not exactly say which carried it, but when I came to recollect the way they walked, I remember it war Green—he was walking inside, next the houses.
WILLIAM BUNTING (City police-constable, No. 632.) I was on duty in Heneage-lane, near Aldgate. I met Webb, and pursued the prisoners—I saw Green carrying a hair trunk, and Sullivan walking beside him—I followed them into Castle-street, and just as I got to the corner, I saw Green look round the corner—he had not got the box then—I ran and found the trunk near the bottom of Castle-street—I took it up, and saw Green near the corner of Castle-street—I saw an officer, and pointed out Green to him—he took him—Sullivan ran off—I took the trunk to the station with my mother—I saw Sullivan with the trunk at the top of Castle-street—Green was with him—I saw Green go to the end of Castle-street, and then JABEZ WILLIS (City police-constable, No. 665.) I was. on duty near Hounds ditch—I saw the two prisoners come out of Castle-street—I took Green—Sullivan ran off directly—Green said, "What do you collar me for! I have done nothing"—I said, "Then you need not be afraid of being taken." John JAMES HARVEY. I live in Fitch-street, Mile-end New-town,
he motioned with his hand for Sullivan, who had the box, to keep away-some bullocks came along—I turned to look at them, then cleared the box on the pavement, and Green walked with the drovers, and asked one to light his pipe for him.
Green's Defence. I went to a party; it was rather late, and I could not get in; I went to get a cup of coffee; the policeman came and took me.
Sullivan's Defence, I am in the habit of attending the omnibuses; I was going down Hounds ditch; it was rather late, and I ran; the officer came and took me; I was not acquainted with the box or the prisoner.
(The prisoners received a good character.).
GREEN— GUILTY . Aged 22.
SULLIVAN- GUILTY . Aged 25.) Confined Six Months;
2085. WILLIAM SIMS was indicted for stealing, on the 24th of July, 72 wafer-stamps, value 1l. 4s.; 12 pincushions, value 12s.; 5 inkstands, value 5s.; and 9 cigar-tubes, value 1s. 6d.; the goods of William Ward, his master.
WILLIAM WARD . I am an ivory-turner, living in York-place, Hoxton Old Town. The prisoner was in my employ—he was recommended to me as town-traveler—I gave him some inkstands, cushions, wafer-seals, and cigar-tubes—part of them he was to sell, and part were for patterns, which he was not to part with, but to collect orders for—he was to bring me the money he sold them for—he took them away on the 24th of July last year—he never returned to me, or brought them back—I saw some of them a fortnight ago, at Worship-street—the prisoner was brought to me—I had not seen him in the mean time—I said he was a pretty fellow to serve me so, knowing I was a poor man—he said he could not help it, he must let it go as it would.
CHARLOTTE MACKLIN . J deal in stationery, and live in Leonard-street, Shore ditch. In July last, the prisoner came two or three times in the course of the week, to know if I could purchase any books—I said I was not able to buy, I wanted to sell some, to pay my rent—he said he thought he could dispose of them for me—he brought me these things, and left them as a deposit, while he took my books—he took my books, and returned next day, and told me he had only received part of the money for the books, but he supposed I wanted it all—he made me no offer—I never saw him again till he was in custody—I delivered these things to the constable.
Prisoner. Q. I believe I never offered to sell these articles to yon? A. You did not offer them for sale.
Prisoner's Defence. I took the things, not with the intent of defranding him; I left them as a deposit for the books I bought of her; if I had received the money for them, I should have paid it; I was laid up with the rheumatic fever, and was obliged to take refuge in the Union-house. GUILTY. Aged 61 —Recommended to mercy. — Confined Two Months.
MR. CLARKSON conducted the Prosecution,
ROBERT GILLETT . I am agent to David M'Intosh, who is erecting some buildings in Albert-square, Commercial-road—on Monday, the 20th of June, he had a barge load of bricks at Ashley's-wharf, and the prisoner's father was employed as car man to draw them to Albert-square—I went to Mr. Fitzgerald, in Green-street, adjoining York-square—I found a load of bricks shot out, opposite Mr. Fitzgerald's premises—they were of the same description as those in the barge at the wharf—I had some conversation with Mr. Fitzgerald, and from' what he told me I went back to the wharf to find the prisoner—I found him at the works, at Albert-square, about five o'clock in the afternoon—I said, "Clements, how came you to shoot these bricks on Mr. Fitzgerald's premises?"—he said, "I know nothing about it, I never shot a load of bricks at Mr. Fitzgerald's in my life"—he was employed under his father to cart these bricks—it is nearly a quarter of a mile from where the barge was to Albert-square—I have compared the bricks with those in the barge, and have no doubt they are Mr. M'Intosh's.
Cross-examined by MR. DOANE. Q. Had you been down to the wharf that morning? A. Not that morning, I had in the afternoon—I had not seen the prisoner carting any bricks that day—I had seen him unloading and watching the bricks,. but another man in Mr. Clements's employ drove them—I was at Albert-square the whole day—I saw the prisoner repeatedly in the course of the day—there were three carts employed in constantly going backwards and forwards.
MR. CLARKSON. Q. How many bricks go to a load? A. About 1000—the prisoner began carting that afternoon about four, or half-past three o'clock—it is not usual to shoot new bricks, because it will break them.
Cross-examined. Q. I suppose it is done sometimes? A. I should not allow it—I cannot say I have never seen it done.
DENNIS M'CARTHY . I am in the employ of Mr. Hill, who works for the prosecutor. I live in Orchard-row, Commercial-road—on the 20th of June, I was doing a job opposite Mr. Fitzgerald's, and saw the prisoner shoot a load of bricks there.
Cross-examined. Q. How far off were you from Mr. Fitzgerald's? A. About the width of the street—I never spoke to the prisoner.
JOHN FITZGERALD . I carry on business as a bricklayer, in Henry-street, which is adjoining York-square. I have known the prisoner twelve or fourteen years—on the 20th of June, between four and five o'clock, he called on me to know whether I would purchase 1000 bricks—I looked at them—he had got them in a cart—I asked what he wanted—he said 35s.—I said I had no money to pay him for them, if he would wait till Saturday night I would pay him—he said he did not mind so long as I gave a little, and I gave him half-a-crown—he agreed, and shot them down in Green-street for me.
Q. How long have you been a bricklayer? A. All my life—we frequently have them shot down if we are in a hurry—I had them shot in Green-street, because there was a lot of stones in the way, near my building—I was repairing a house in York-square, and a boy came for me—the cart was in York-square when I came—I was not in a hurry—it would not break above twenty bricks to have them shot, if they are hard ones—
I have seen bricks shot frequently—I will swear I intended to give more than half-a-crown for these—I did not know the prisoner was in the service of his father—he was not perfectly sober.
WILLIAM HOLLIS . I am a carman, living at Bow. On the 20th of June I was employed to unload the barge at Ashley's wharf—the cuter carted the bricks in the morning, and the prisoner in the afternoon—I helped to load the bricks for him—there was usually half an hour between every journey—at five o'clock in the afternoon the cart was a quarter of an hour later than usual—there were no bricks there that did not belong to Mr. M'Intosh.
(The prisoner received a good character.)
GUILTY. Aged 35.—Recommended to mercy, — Confined Six Month.
GUILTY . Aged 29.— Confined Six Months.
NOT GUILTY .
OLD COURT.—Wednesday, July 6th, 1842.
Third Jury, before Edward Bullock, Esq.
GUILTY . Aged 23.— Confined Three Months.
2090. CHARLES MANSELL, alias Smith, was indicted for stealing, on the 29th of June, 3 saws, value 10s., the goods of James Webb; and 2 trowels, value 4s., the goods of William Alfred Webb; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 30.— Transported for Seven Years.
2091. HENRY STAMFORD was indicted for stealing, on the 30th of June, 1 table-cloth, value 18d.; 90 yards of line, value 18d.; 1 tin-pot, value 4d.; 1 handkerchief, value 1s.; and 1 snuff-box, value 18d; the goods of John Morgan: to which he pleaded
GUILTY . Aged 15.— Confined Three Months.
Before Mr. Baron Alderson.
MESSRS. KELLY, PHILLIPS and BODKIN conducted the Prosecution ROBERT HARE. I am cashier in the house of Coutts and Co., banker. The late Marquis of Hertford kept an account at our house—I know the prisoner—I recollect seeing him on the 1st of February this year—he was in the habit of coming for the Marquis—the entries in this book are my writing
—on that day the prisoner presented a cheque, on account of the Marquis—(looking at one)—this is it—it is signed in the Marquis's handwriting—(the cheque being read, was dated Feb., 1842, for 3000l., payable to Mr., Suisse and Co.)—I changed this cheque for him—among other notes, there were two 300l. Bank-notes, No. 54,369, and No. 64,370, both dated 3rd of Feb., 1841; one of 100l., No. 95,758, dated 5th of Feb., 1841; another 100l., No. 95,759, dated 5th of Feb., 1841; the rest was in other notes—there were in all thirty of 20l., seventy of 5l., three of 300l., and eleven of 100l., and 50l. in gold.
Q. Now, turn to the 9th of February, did you see him on that day? A. I did—I have a cheque for 700l., which he presented that day—it is signed in the Marquis's own handwriting—(read Payable to Suisse or bearer)—I gave him for that, one Bank-note for 500l., No. 8986, dated 2nd of Sept., 1841; five 20l., and ten 10l.
Cross-examined by MR. THESIGER. Q. I suppose the Marquis had an account with Coutts many yean? A. Many years—I have been in the habit of seeing Suisse at the banking-home for seven or ten yean—I suppose—he received from time to time-very large sums on the Marquis a cheques during the whole of that time—I cannot state the amount without inspecting the account.
COURT. Q. Might he receive 20,000l. or 30,000l. in a year? A. I should think so.
MR. THESIGER. Q. Did he not receive as much as 40,000l. or 50,000l.?
A. He might have done so—I cannot say that he did—he received very large sums—I should not think he received 40,000l. or 50,000l. In a year—I should think if he received 30,000l. it would be a large sum—he may have received that sum in a year—I have been there forty years—the Marquis had a pass-book in which entries were made from time to time of the cheques paid—he always "drew his own cheques—they were like this; except when in health, he wrote better perhaps.
COURT. Q. Did he write the whole cheque himself? A. The whole cheque—I do not remember having paid any on a printed cheque—the first cheque produced is not payable to bearer, and I believe the prisoner endorsed it in consequence of that—I have endorsed on it the notes I gave him and the numbers.
MR. KELLY. Q. The Marquis generally drew his cheques entirely in writing? A. Yes, and in his own writing—I do not consider he was liable to fall into such an inaccuracy as to leave out the date, till towards the close of his life—in the 30,000l. I include cheques payable to Suisse and their—I think Suisse might himself receive 30,000l. in a year, for the last seven or ten years.
JOHN BLENKINSOP . I am cashier at Messrs. Coutts' bank. On the 3rd of February, 1842, a cheque for 2,000l. Was presented for payment by the prisoner—I have the cheque here—it is in Lord Hertford's handwriting—(read Payable to Mr., Suisse or bearer)—I paid the whole in Bank of England notes—on the 7th of February I have a cheque presented by. the prisoner for 3,500l.—(read Pay able to Mr., Suisse or bearer)—among other notes I paid for that, four 100l. notes, Nos. 96,702, 96,703, 96,704, and 96,705, all dated, I believe, the 5th of February, 1841.
Cross-examined by MR. THESIGER. Q. I suppose Suisse was perfectly well known at the banker's? A. Perfectly, as well as any clerk, at the counter.
THOMAS GRAHAM . I am a stock-broker, and carry on business in Throgmorton-street. I have known the prisoner about three yearson the 21st of February I went to him at Dorchester-house—he had sent for me—he gave me 2,000l. in Bank notes with instructions to purchase 2,000l, in the New 3 1/2 per Cents., in his own name—(looking at a 500l. note, No. 08,986, dated 2nd September, 1841)—this was one of the notes—here is my signature at the back of it, and "2,000l."—it was the outside note of the lot—I paid the whole of the notes into my bankers, Jones, Lloyd, and Co, in one payment, on the 21st of February—my name is on the back, and 2,000l. written on it—this was used as the wrapper to the whole of the notes, it being the outside note.
Cross-examined by MR. THESIGER. Q. You went to Dorchester-house, having been sent for by Suisse; did you find him unwell there? A. I did—I saw him in his bed-room—I do not know who opened the door for me—I sent up my name—I did not state my business—Suisse's bed-room is a very small room up stairs—I cannot state whether it was near the Marquis's—I had known Suisse for three years, and had purchased stock for him before on three occasions, to the amount of 2,000l. altogether, in the same stock—the first was on the 30th of March, 184l., 307l. 6s.; the second, on the 26th of November, 184l., 1192l. 14s.; the third, on the 30th of November, 500l.—there have been dividends on that stock—I did not receive them for him—this 2,000l. Was to go to the old account JOHN HALE. I am cashier to Jones and Lloyd, bankers. Mr. Graham has an account at our house—I have an entry in this book, on the 23rd of February, of 2,000l. paid in to his account—this is Mr. Graham's writing on this note—I cannot remember his name being written on the out at note, but I have no doubt it was, because we always require it to be done—I enter the total amount paid in, without noticing the numbers or dates of the notes—I hand them to another clerk to enter the numbers—I did so in this instance to Mr. Walter—I handed the money over to John Lyon.
Cross-examined by MR. CLARKSON. Q. You have got a 500l. note, arc you the number of the other notes? A. No—I do not take the numbers myself.
JOHN LYON . I am clerk to Jones and Lloyd. I have the entry of the payment of 2,000l. to the account of Mr. Graham on the 21st of February—I do not take particulars of the notes—they would be handed to Mr. William Walter for that purpose—I remember handing them over to him.
WILLIAM WALTER . I am clerk to Jones and Lloyd, and take the numbers of the notes. I took the number and description of 2,000l. in Bank notes paid on account of Mr. Graham on the 21st of February—I find one of 500l., No. 8986, dated the 2nd of September, 1841; seven of 100l., numbers 83,674, dated February 5th, 1841; 378 and 379, both dated February, 9th, 1842; 74,742, 94,343, 95,758, 95,759, all dated the 5th of February, 1841; one of 200l., No. 77,262, the 4th of January, 1841 two of 300l., Nos. 49,195, 54,370, both dated the 3rd of February, 1841,
JOHN RABBETH . I am in the foreign department at Messrs. Coutts', I. know the prisoner—I saw him on the 7th of February last—he paid me 400l. to be forwarded to Madam Suisse, at Nancey—it was in four notes of 100l. each—I handed them to Mr. Stanley, one of the cashiers, to enter in his book.
Cross-examined by MR. CLARKSON. Q. Had you known Suisse any
time before? A. I frequently saw him at the office—I had never received money from him before on account of Madame Suisse—there is another person receives money as well as myself, but it could not be received without my knowledge.
EDWARD WILLIAM STANLEY . I am one of the cashiers to Coutts and Co. On the 7th of February I received four notes of 100l. each from Mr. Rabbeth—I entered them into my book—they were Nos. 96,702, 96,703, 96,704, and 96,705, all dated the 5th of February, 1841.
WILLIAM HUGHES BRABANT . I am a partner in the firm of Capron and Co. We were solicitors to the late Lord Hertford, and are now solicitors to his executors—his Christian names were Francis Charles—I went occasionally to Lord Hertford's house, and saw him during the last few weeks of his life—he was very unwell during the latter part of his life—I used to see him when I went in what was called the library, the front-room—he died on the 1st of March—I cannot recollest what day he was buried—it was about a fortnight after—the executors proceeded to investigate his affairs in a room in our office—on the 4th of April, about eleven o'clock in the day, the prisoner came to my office—some of the executors, two of them certainly, were in a room which they have at our office—I believe Suisse came of his own accord—Mr. Croker and Mr. Hopkins on were the two executors there—when Suisse arrived he saw me—he said he came to ask permission of the executors to go to Paris—I went into the adjoining room where the executors were, and communicated to them what he wanted—they desired me to tell him to return in half-an-lour—I did so—he said he would go for his passport, and come back in that time—he went away from my office, and returned in about half-an-hour—in the meantime I communicated with the executors, and received certain instructions from them—on his return, in consequence of what had passed between me and the executors, I called his attention to the sum of 9200l. which he had received on Lord Hertford's cheques, between the 1st and 9th of February—I asked how that sum had been applied—he stated that he credited in his book what he wanted for the current expenses, and gave the rest into my Lord's hands—I have the book here—I further questioned him on the subject of this 9200l.—I think I expressed some surprise, and he then stated that the accounts which he had sent to Mr. Capron would explain how the greater part had been applied, and that Charlemagne, the cook, had received about 20002. more—I asked him how he got the money for payment of the bills—he said he went to my Lord for it, and he gave him sufficient to pay the bills—I do not recollect that he mentioned any way in which he had applied any of the other money—he then renewed his application to go to Paris—I told him the executors could not permit him to go till the accounts were settled—he complained of the hardship of being detained, and said that his health had suffered from it already, being confined in so small a room—he was living at the time at Dorchester House—he stated then that he wished the executors would name a day when he might be permitted to go—I left him, went into the room, and detailed to the executors what had taken place—having received their instructions, I returned to him, and told him the executors could only repeat their request that he would remain till the accounts were settled—he appeared very angry, and said he had been twice nearly dead in Lord Hertford's service, and his expression was, no would not kill himself a third time for these gentlemen—he talked. of putting a pistol to his head rather than doing so—he said, that in spite of
the executors, or something to that effect, he would go if his health got worse—I do not recollect that I made any reply to this—he pressed for I settlement of his accounts—he said he wanted money to pay his passage. that he was living on borrowed money—when he found he could Dot succeed.
(COURT. Q. Succeed, in what? A. In his application for penny soon to go to Paris, and for the settlement of his account)—be left the room—I had this book of his expenses in my possession at the time—I am not aware when I received it—it was in the executors' room at the time, and it was afterwards brought into the room where I of—the prisoner was in the room—I have never seen him write—this book was pointed to between him and me—I understood him to say he credited in that book the sums he wanted for the current expenses—he debited the Marquis—he pointed to this book—it was not open at the time—he said, "I credited the Marquis with my expenses in that book," pointing to it—I have the accounts of which he spoke—I have summed them no they are the accounts to which he referred, as explaining how a great put of the remaining money had been expended—the sum total of these bills is 5058l. 19s. 5d.,—they are tradesmen's bills—I do not know the amount of wages which the prisoner received—I never learnt from him, nor in body in his presence—I have summed up this book.
Cross-examined by MR. THESTGER. Q. You occasionally saw tie Marquis for some weeks before his death? A. Yes—I never saw Mr. Croker there—I think I last saw the Marquis a month or three weeks previous to his death—I saw him two or three times in the present year—my partner, Mr. Capron, was generally in the habit of going to him—I went to him on matters of business—Suisse's bed-room was on the other side of the library, close to the library—he had to go through the library-tic Marquis's room was on one side of the library, and Suisse's on the other—you had to go through the library to go to Suisse's room—that was the only way I was acquainted with—if he wanted to go to another part, he might go up the stairs to it.
Q. Do you know whether Mr. Croker was at the Marquis's many times shortly before his death? A. I know it only from hearsay—I do sot know it from Mr. Croker—I was present during the greater part of the time when the papers were taken possession of by the executors after the Marquis's death—I am not aware that they took possession of these bilk at the time—Suisse said he had sent in these bills to Mr. Capron—I do not know when Mr. Capron had possession of these bills; I do not believe he himself knows it, for the prisoner sent them in to Mr. Capron for the executors, and they were carried up to the executors' room—at the tines the conversation I was not aware that he had sent in the bills—when the prisoner referred to the bills, I went into the executors' room and brought them down—they are principally bills of the preceding year—all we receipts on them are on or after the first of February—there were two other bundles of bills—they are here—they are for preceding yean—I cannot tell the amount of those bills—they were to the amount of many thousands, certainly—I have not ascertained the amount of the bills for the preceding years—it has not been ascertained by any one by on directions—I have not taken the Marquis's pass-book and ascertained the quantity of cheques received by Suisse for the Marquis in preceding and compared the amount of those cheques with the bills of precede years and the disbursement-book—I was desired to keep aloof—I
stood the bills I have produced were the only ones in question—I took all the three bundles from the executors' room, and they were on the table when the conversation took place—I do not recollect that anybody gave me directions to direct my attention merely to these bills, and not to the others—I was not directed to keep aloof from the other bills, but from interfering with the prosecution—I understood I was to be a witness and had better not interfere with the prosecution, and therefore I am ignorant of a great deal that has passed—it was in consequence of that direction that I confined my attention to the bills paid from the 1st to the 9th of February—I am not aware of any bills of 1841 which were paid by the prisoner in 1842 prior to the 1st of February—I am not prepared to state there are not any—I do not know how long this book has been in the possession of the executors—I saw it, several days before my interview with Suisse, lying on the table, I cannot say how many days—I had never looked into it—I never knew what it was before Suisse referred to it, and then I knew it as the book I had seen in the possession of the executors some days before—I do not know that Suisse had been pressing for an adjustment of his accounts during the month of March—when I saw him, on the 4th of April, he said he wanted them settled—he did not, as far as I recollect, say he had been pressing the executors for a settlement—these endorsements on the bills are my clerk's—I believe this is the prisoner's—I am not prepared to state what amount of bills appear to have been paid between the 1st and 7th of February; the bills themselves will show—the receipts are all dated—I cannot say what is the latest date of any payment on account of the bills—when I called the prisoner's attention to the receipt of 9,200l. I had a piece of paper on which was an extract from the bankers' account-book—I had that piece of paper in Court this morning—I gave it to have a copy made of it—it contained the account of the cheques—he said at first that he had credited in his book what he wanted for the current expenses, and that he gave the rest into my Lord's hands—I went into the executors' room for the disbursement book, and brought it down, and then renewed the conversation—I did not point out to him that the sum which he said he had paid out of the 9,200l. was only 2,235l.; indeed, I did not open the book till he was gone.
COURT. Q. He meant to say, "I had an account against the Marquis in that book when I received the 9,200l.; I deducted so much, made that account straight, and paid the rest over to the Marquis? A. It is not exactly that—he credits on one side and debits on the other—the account at that period does not exactly balance.
MR. THESIGBR. Q. I understand he afterwards said the tradesmen's bills would account for upwards of 5,000l.? A. He did not mention the sum; he said it would account for a great part of the money—the tradesmen's bills were in my office at the time—I brought the bundles down into the room—they were tied up according to their years, and they were labelled, "Bills of 1841 paid in 1842, bills of 1839 paid in 1840, bills of 1838 paid in 1839," and so on—I believe the labels are in the prisoner's writing—the bills he referred to were bills of 1841 paid in 1842, with the exception of one bill for 1840 which was in the bundle for 1841—there are no bills paid after the 9th of February, that I am aware of—I have never looked to see—Suisse was in the entire confidence of the Marquis—I know nothing of the private disbursements which he made for the Marquis—here is Charlemagne the cook's book—I am not aware whether
he is here—I do not know that before this letter (marked A) was written, the present Lord Hertford had told the prisoner of a large legacy left him by his father's will, nearly 20,000l.—Suisse speaks English tolerably fluently—Lord Hertford is in London.
MR. KELLY. Q. Do you know of your own knowledge, whether Lord Hertford is subpoenaed by the prisoner? A. No, I do not—I did not look through the bills for any other purpose but to sum up the amounts—I have not examined very minutely, anything about the detail of the bills—here are the bills of 1840, paid in 1841, and here are the bills of 1839, paid in 1840—I produce the whole of the bills that I know to be in the executors' possession—we have the boxes containing the papers of the executorship—I have not searched to see whether there are any bills in them between the 1st and 9th of February, 1842—these are the bills to which the prisoner referred—I found them in bundles of different years just as I produce them—I know of no others paid in 1842, by the prisoner—I have a list of the bills of 1841, paid in 1842—it was made by Chivers, my clerk—he is not here—I examined each bill with this list—in this list, there is one bill of 1840, among the bills paid in 1842—that would be included in the amount I give—the prisoner never suggested that there were any more bills, or that there were any old bills of 1840, or any previous year, which were not paid until 1842—Mr. Hopkinson is the executor who attended minutely to the bills and accounts—I had very little to do with it—he also looked at these bills.
Q. We have seen here, three bundles of bills, of 1839 paid in 1840, 1840 paid in 1841, and 1841 paid in 1842, these bills were for some time, I believe, in your office? A. A packet I observed, lying on my desk one day, was sent up to the executors' room, Mr. Hopkinson, one of the executors, having undertaken the investigation of all the accounts—I had nothing to do with the accounts—I do not exactly remember when I first saw these bills—they were in the office at the time the application was made by Suisse to go out of town, but I state this by hearsay—it was on the 4th of April he applied to go to France, as near as I can say—I was out of town when these bills were delivered, but I have reason to believe they were delivered a few days before—I do not even know who delivered them—I do not know of any bills paid, or suggested to have been paid by the prisoner, except those produced.
EDMUND HOPKINSON, ESQ . I was a banker, I retired some years since—our firm were bankers to the late Lord Hertford—I am one of his executors—I investigated the bundles of bills produced—I cannot state the exact date when I first saw them—they had been sent to Mr. Capron's office from Dorchester-house, and remained there a few days—they came to me after Lord Hertford's funeral—I investigated these bills with a view to ascertain what money had been paid in 1842—I summed it up—they were placed on a piece of furniture in Messrs. Capron's and Brabant's office, in a room used exclusively by the executors—I know of no bills whatever paid or alleged to have been paid by Suisse in 1842, except those included in the list made out of the bills of 1841 paid in 1842—I have no bills paid later than the 9th of February, 1842—this is an abstract made by direction of the executors, by a person named Thorogood, who was employed to examine them—I know of no bills than those which appeared there,
and those which are included in the account of the payments of 1842—the dates of the payments will appear by the receipts—I do not know Suisse's handwriting—I never saw him write—I have not communicated with him personally on the subject of any handwriting of his.
Cross-examined by MR. CHAMBERS. Q. When was Thorogood employed to do this? A. I really do not know the exact date—it was since the prosecution was instituted, but I had previously looked to this myself—I went to Dorchester-house two or three days after the Marquis's death—I cannot mention the day of the month—I was in town when he died—I went to Dorchester-house with my co-executor—I had heard that Mr. Croker was there at his death—I think I saw Suisse when I went there—I did not communicate to him how bountiful the Marquis had been to him—I do not think it was mentioned in my presence—I do not think it was almost immediately communicated to him, that the Marquis had left him a very large legacy, about 19,000l. or 20,000l.—it was not told him by the present Marquis, or anybody else, in my presence, to the best of my belief—but these were trifling things—I mean the circumstance of the communication being made was trifling—I do not recollect its being mentioned—to the best of my belief it was not mentioned in my presence—I retired from business in 1826—my nephew is at the head of a firm of Charles Hopkinson and Co.—they continued the Marquis's bankers until his death.
Q. Does Suisse speak English fluently? A. Not very intelligibly.
FRANCIS PARTRIDGE . I am an inspector of police. I remember going to Dorchester-house, on the 4th of April, for the purpose of seeing Suisse—I found him in his room, between seven and eight o'clock in the evening—(I presume that was after Mr. Brabant had seen him)—I said I came there for the purpose of apprehending him for embezzlement—he asked me what embezzlement meant—I said, the appropriating the money of another to his own use—I then gave him into the custody of Lund—he gave me the keys of his boxes and drawers—I found forty-two Napoleons in a purse, and thirty-two sovereigns, One in a chest of drawers, and the sovereigns in a table-drawer—the keys he gave me opened those drawers—I found a box—the name of Suisse, and "private," was on it—I found in it a paper referring to Lambert and Rawlins, this letter, and this "I O U" in the same box:—(read) "4th of April, 1842. No. 12, Coventry-street. We owe you 1800l. Signed, LAMBERT and RAWLINS." 3rd of February, 1842, I O U 50l. P. GRELLIER."
Cross-examined by MR. CLARKSON. Q. Were you examined before the Magistrate? A. Yes—Busies appeared to be ill when I went to him—he had his gown and a cap on—I had received instructions to apprehend him from Mr. Croker, about seven o'clock that same evening—Lord Lowther was present at the time—it was at his house I received the instructions—I had an appointment to meet a gentleman from Lord Lowther's at our office, as early as six o'clock, but he did not come—I received the appointment from the Commissioners of Police, about half-past five o'clock—I was not present at the time anybody came to the Commissioners of police, for the purpose of having the prisoner apprehended—I found the box with "private" on it, in the room where Suisse was—he did not tell me that evening, that he had been pressing the executors to settle his accounts for a long time, but they would not—he did on a subsequent
occasion—I am not aware of such a remark being made that night—I do not think it was.
---- SARS. I am well acquainted with the French language—I was clerk to the British Consul of Paris for some years—I have made a translation of this letter, as correct as I can make it—(read)—"5th April, 1842. My Dear—, I have just received your kind letter, by which I perceive that I can reckon on your friendship, which I cannot too much appreciate, and of which I am proud to make myself worthy. Here is the plan which I had formed; to send by Brussels, two fine horses, with their coachman and their harness. I intend buying from you one of those Brussels carriages, the same as that in which I have seen you drive so often with all your family, a kind of covered char-a-banc; at to my plate, far from selling it here; I am having a service made here, for which I expect to pay the duty, but I shall draw back here the duty on reexportation, which will cover that which I shall have to pay abroad. As to the stamp, I had no idea of it as new plate, and I am ignorant whether by Calais, it would be the same thing. My first idea is that from Calais to Nancy, the distance is double that from Brussels to Nancy; if nevertheless, the same formalities do not exist by the way of France, I will send plate by Calais; in any case, that will not prevent my passing through Brussels; that is to say, from Calais I shall go to you; that cannot is any case be before the month of June next, I shall not be ready before that time. I reckon on your kindness until then. If you can give me other information, have that kindness. Pray present my respectful duty to Madame, and dispose of him who will be all his life, with high consideration, your sincere and very devoted friend, SUISSE. A million of thanks to M. Felice, for the good opinion he has of me, and of the preference he gives me. I am sincerely grateful for it, but at my age, and with sufficient for me and mine, one must be more than mad to go into business and spoil so fine an independence. The heart and friendship of, M. Felice, entirely devoted servant for life, SUISSE." To N. Proft, Hotel Belle Vue, Brussels.
THOMAS CHOLHOKDELEY . I am a clerk in the house of Hopkinson and Co., bankers. The late Marquis of Hertford had an account at that house—no draft has been drawn on our house by the late Marquis dariog the present year.
Cross-examined. Q. You knew Suisse very well from coming to the house, has he ever remitted money to the Continent through your bank? A. Not that I am aware of—we have no foreign clerk particularly.
WILLIAM RAWLINS . I am a silversmith, of the firm of Lambert and Rawlins, of Coventry-street. I know Suisse very well—he came to our house on the 4th of April last, and left 1,800l. with me on account of an order for plate which we had in hand from him—he had given an order for plate to the amount of about 2,200l.—I should say somewhere about ten days or a fortnight before the payment of that money he gave me the order—I gave him an "I O U" for the 1,800l.—I think it most have been two or three o'clock, on the 4th of April, that he left the money—I should say it was after twelve—it was all in Bank-notes.
Cross-examined by MR. THESIGOR. Q. Just look at that initial, (H,) do you believe it to be the Marquis's handwriting? A. I think it very like it—I do believe it to be his.
Q. You will find through the book other initials to these disbursements? A. On my word I think they are the initials of the late Marquis.
MR. KELLY. Q. Look at the words "Paid per Suisse" at the bottom of this (the cook's book,) whose handwriting is that? A. I think this is the prisoner's writing—it seems to me like it—I believe it to be his—since I was examined I have gone through the, bills of 1841 paid in 1842, together with two other persons—the payments range from the commencement of 1841 to the end of the year—the greater part of them appear to have been paid early in February, 1842.
COURT. Q. What it the date of the earliest and latest payments? A. The first payment appears to have been on the 1st of February, and the last on the 8th—the amount of the whole is 5,058l. 19s. 5d.—the amount of the bills of 1840, paid in 1841, appears to be 4,484l. 0s. 2d.—the first payment appears to be on the 26th of January, and the last on the 8th of April—one of the bills in the bundle of 1842 appears to be a part or the whole of a bill for 1839—none of the bills paid in 1842 were misplaced—they appear to be all the bills of 1841 paid in 1842—there were two other parcels of bills handed to me—I do not think I found any bills among those parcels which were paid in 1842—they were all correct, and so were those of 1839 paid in 1840.
MR. KELLY. Q. The payments made in February, 1842, were of bills of 1841? A. They were—I do not find any bills of any previous year which remained unpaid until 1842.
COURT. Q. Have you discovered any error in the account? A. There it in one bill—there is a receipt for a bill of 383l., stated to be for 1839, paid on the 7th of April, 1841—it went over from 1839 to 1841—it is a bill of 1839, which ought to have been paid in 1840, and which does not appear to have been paid until 1841—that payment appears to have been on account of a bill, the whole of which was 796l. 17s., for which balance, 413l. 16s. 6d., there does not appear to be any receipt.
HINRT PETER FULLER . I am a surgeon and apothecary. I was in the habit of attending the late Marquis of Hertford professionally for a considerable time—in January last he was very ill with bronchitis, from which he in a great measure recovered, but he was taken ill again about the middle of February, with the same attack, chronic bronchitis, from which last attack he never recovered, till he died—as far as I could judge he was in a sane state—he was in a half paralytic state—he had a difficulty in speaking, but, as far as comprehension went, I never found any difficulty in making him understand me, nor had I any difficulty in understanding him—paralysis did not constitute a portion of the attack—the paralysis had existed for some time prior.
Cross-examined by MR. THESSIGER. Q. When you attended the Marquis, did you generally find the prisoner with him? A. Sometimes, and sometimes not—the Marquis's last illness began on February the 16th or 18th—I did not learn from him that he had gone with a party to Richmond.
Q. Do you know, from having been his lordship's medical attendant, that he had the most perfect confidence in the prisoner? A. In as many words from himself I do not, but as far as the evidence of my senses went,
that is, seeing one person about another, I should undoubtedly say that he certainly had—he appeared to have, undoubtedly—the prisoner was himself taken ill on the 16th of February—I was attending him—he was not able to attend on the Marquis in his last illness—he was confined to his room, and a great part of the time to his bed—he had an attack of erysipelas of the upper part of the chest, throat, and part of the head, which terminated in the formation of two large abscesses in the neck—attendance on the Marquis would undoubtedly be extremely irksome to a person—that state of semi-paralysis, as I may term it, existed for some considerable period—the time I cannot exactly say, but I should think a year or two.
COURT. Q. That which would have made the attendance irksome and disagreeable, had lasted a year or two? A. Yes—it was after his lordship's return to town from Dover, whenever that took place, but I can form no minute of the date.
MR. THESIOER. Q. Did he require constant shifting and changing about? A. Entirely, and frequently during the night; that is to say, if he was to be kept as a gentleman ought to have been; he would require constant attendance of course.
Q. I suppose you knew very little of the habits of life of the Marquis? A. I never chose to know them—I never made any inquiry about them—curiosity in medical men is the worst thing they can indulge in—the prisoner was in the habit of paying my accounts, and occasionally in the habit of giving me fees from the Marquis; sometimes the Marquis gave them to me himself, and sometimes Suisse gave the money to the Marquis, and the Marquis gave it to me.
MR. KELLY. Q. Had you the opportunity of observing where the prisoner got the money, when he got it for Lord Hertford, to give to you? A. No, I cannot say that I did; generally speaking, as far as my recollection serves me, I think he went and took it from some place, and gave it sometimes to the Marquis, and sometimes he gave it to me himself—generally speaking, when the prisoner has been with me, it has been in the Marquis's bed-room, but occasionally the Marquis has given him a sort of nod, and he has given me the money afterwards; that happened very rarely.
Q. Do you know who attended as the immediate personal servant of the Marquis during Suisse's illness? A. There was a man named Robert Foote, who is now very ill; he was his principal attendant, except during the last two or three days of the Marquis's life, when there was a female of the name of Mademoiselle Henriette, Foote attended personally on the Marquis, as well as the prisoner, when he was in good health, apparently under the direction of the prisoner; he was apparently the head servant.
MR. THESIGER. Q. Was Mr. Croker much there during the last period of the Marquis's life? A. Mr. Croker was sent for by Mr. and Mrs. Copeland's desire, as being one of his friends near in town, that be might be in the way, because the Marquis was so dangerously ill. I think Mr. Croker arrived on the Sunday, I will not be positive; the Marquis died on the Ist of March, I think it was on Tuesday—I think Mr. Croker arrived the Sunday before—he was sent for—he did not stay there till his death, he went to Kensington for one night, I think, but I think the second night he was in the house—I will not speak positively—I considered the Mirquis in danger before the Sunday Mr. Croker was sent for—he was in danger from the beginning of his last relapse—there was more or less hazard about his illness during the whole time it was on Saturday the
28th, three days before his death, that he became so seriously worse, as to induce us to send a messenger to Mr. Croker.
CROKER, ESQ. (examined by MR. THESIGER.) Q. We understand that you were a friend of the late Marquis, and very intimate with him? A. For upwards of thirty years—I never supped with him in my life—I dined with him occasionally.
Q. Do you know a person who has been called Mademoiselle Henrietta? A. No, I not know her—I saw her when I went to Lord Hertford on his last illness—as I was going out of the house she spoke to me as she was coming in—I think I never saw her but twice—I know a Miss Bourrielle, I saw her frequently with Lord Hertford—I dined with Lord Hertford more than once, where she also dined. I presume the is a French, woman from her speaking French—I know nothing at all about her—I never heard who she was—I looked upon her—indeed I really was not at all sorry that she attended Lord Hertford—I did everything in my power, when Lord Hertford went abroad, to induce him to take a medical man—
Q. I want to know who Miss Bourrielle is? A. I tell you that she is a person who attended Lord Hertford, and to say the truth, in my own opinion, much more as a nurse than any thing else—his lordship's state of health was so very bad—I believe she did not live at Dorchester-house—I do not know where she lived—I do not know that she came in the evening and went away in the morning—I know nothing about it, but I have seen her at dinner, and when Lord Hertford was travelling abroad, I have heard of that name—she was in the house when he and I dined in one room, I believe that she dined in another—I have dined with her more than three times at Dorchester-house—but when his lordship was travelling abroad before, I dined with him at several places—at Fontainbleau, for instance, and often in Paris, and she dined. in the house, but not with Lord Hertford and me on those occasions—I have dined with her several times at Dorchester-house—I never knew where she lived—yes, by the way, I think I did, and if you will allow me, I will tell you the reason.
Q. Never mind your reason, where did she live? A. In Clarges-street—I never visited her there.
Q. Have the kindness to tell me how you know she lived in Clarges-street? A. When Lord Hertford was going away on the last occasion, he asked me to accompany him in his carriage to Westminster-bridge, or at far as I could go—he had an impression on his mind that he was not likely to see me again—I accordingly got into the carriage to go with him—to my surprise, the carriage stopped in Clarges-street—I said, "What is this for, how is this?"—he said, "It is only to take up Felicite Bourrielle"—I said, "Excuse me, then, I cannot be in the carriage with Felicite Bourrielle," and I got out at the door in Clarges-ajreet, and left them—this was on the 12th or 13th of June last year, when he was going out of town last—I cannot say how often I had dined with Felicite Bourrielle before that—I had frequently dined at Lord Hertford's—he once invited me to dine with him, and to meet the Ladies—, and I was very much surprised when I came there, instead of those ladies, to see another—I do not think I dined with her after I refused to ride in the carriage with her—I will not be sure—I cannot say—I do not rightly recollect whether I dined with her since his lordship's return this last time—I rather think not.
Q. When did you give orders to have Suisse apprehended? A. should think I did not give the orders alone—the executors, of whom I am one, gave orders, I presume the same day on which he was apprehended—I did not see him after he was apprehended—I cannot recollect what time in the day, hut it was in the afternoon—I cannot say at what time—there was a meeting at Lord Lowther's house—it was not during the time he was conferring with Mr. Brabant—it was what he said to Mr. Brabant, that excited our suspicions—he was apprehended the same day as the conversation with Mr. Brabant—I think on the 4th of April, but I really am not sure—I was not present at Mr. Brabant's interview with the prisoner, though I knew of it—I recollect Mr. Brabant's consulting me, but I do not know whether it was the same day the prisoner was apprehended—it was after I had been consulted—I have known Suisse for twenty years in the Marquis's service.
Q. Had he not the entire confidence of the Marquis during the greater part of that time? A. I really do not know what you mean by entire confidence—I should say not—Lord Hertford was a very reserved man, exceedingly silent and reserved—the prisoner was confidential for all purposes for which a servant can be confidential, I have not the slightest doubt, and appeared to me a faithful and attentive servant.
Q. Do you know that he was receiving and paying very large sums from time to time for the Marquis? A. Lord Hertford had a fit of illness—it is a question which I cannot answer yes or no to—I should say he was not, decidedly, during the greater part of the time, nor for the last ten years—for the last few months, I should say yes, but not for the last few yean—I have not looked into beyond the last few months of the Marquis's accounts at the bankers'—indeed I have not looked at the bankers' books at all—I have seen the last bankers' book immediately before Lord Hertford's death—the bankers' book begins on the 1st of January, and Lord Hertford died on the 1st of March, and during that time I saw that the prisoner had paid large sums of money—I did not look into other books—I began on that date—I do not think I was present at any time when the prisoner was told of his having a legacy of 20,000l. by the Marquis's will, or of his having a very large legacy under his late master's will and codicil—I do not think I was present at any conversation with anybody and him about the legacy—I do not remember it—I do not think that I ever saw Suisse. after the will was opened.
MR. KELLY. Q. You have spoken about your knowledge of money having been received, is that limited to the short period you have mentioned, about a month or two before Lord Hertford's death? A. Certainly, that is all I know of it.
THE MARQUIS OF HERTFORD . I did not arrive in England until after my late father's death—I arrived about nine o'clock on the evening of the 9th of March, I think, I will not be quite sure, but I am almost certain it was the 9th of March—I had not seen my father at all during Mi last residence in England—I was abroad—I had not seen him since he was last on the Continent—I have no personal knowledge of anything that took place at the latter period of his life—I recommended the prisoner to my father twenty years ago—he was servant to an officer in my regiment—I am convinced that my father placed very great reliance in him.
Q. Have you spoken to the prisoner since Lord Hertford's death? A. I never spoke to him but once, but he spoke to me several times—I went
into-his room directly I arrived, not knowing he was ill, to hear the particulars of my father's illness—he was, I think, sitting up—he made no Communication to me on that occasion as to what he had done with any money he had received for cheques—he afterwards told me that he had had a draft cashed at Coutts's and that with that money he had paid some of the bills, and returned the surplus to my father—he mentioned that on several occasions—he even mentioned the sum, but I do not remember it, nor the date to which he referred—it was about two months ago, or a little more.
Cross-examined by MR. THESIGER. Q. Did you at any time congratulate the prisoner on the very handsome provision made for him by your father's will? A. I did not, not at any time—I told him once, (he used to come in and talk to me on different subjects,) "You are now most likely very rich," when he very civilly offered his services to me, and said, if he could be of any use, he would be very glad to remain, and so on—I said I did not require it, that he was most likely now very rich and very independent—knowing that the legacy was a very considerable one made me say it—he did not offer to remain in my service—he only offered to remain a few days, or to do any thing that might be convenient.
MR. KELLY. Q. Can you tell me as near as possible when that was? A. It was about ten days before his apprehension.
COURT. Q. You are not aware of any communication having been made to him on the subject of any legacy? A. No, I am not—I spoke In general terms, that he was probably very rich and independent.
(It appeared, by reference to the prisoner's account book, that there was an entry of a payment to "Ladies in Clarges-street," and also of a payment of 100l. to the proprietor of the house.)
NOT GUILTY .
Fourth Jury, before Edward Bullock, Esq.
2093. CHARLES WEAVER was indicted for stealing, on the 27th of June, 1 bag, value 1s.; 3 keys, value 6d.; 1 seal, value 6d.; 1 purse, value 1s. 6d.; 2 handkerchiefs, value 1s. 6d.; 1 shilling, 1 sixpence, 3 pence, and 4 halfpence; the property of Mary Towan, from her person.
MARY TOWAN . I am single, and am servant to Mr. Jeffery, of Bell-cottage, Hampstead—I have lived there eight years. On the 27th of June I had been out, and was returning to my master's at a quarter to eleven o'clock at night—about twenty yards before I got to master's gate, I turned back, and saw the prisoner coming—I rang master's bell—I did not know the prisoner before—he came up to me, and snatched at my bag twice—the second time he broke the string, and ran off with the bag, I ran after him, calling, "Stop the murderer!" and "Robbery!"—I kept on running forty or fifty yards, screaming all the way, and looked and saw a carriage—he ran toward Hampstead—I saw a gentleman a distance off walking—I called out again, kept on screaming, and kept up to the prisoner, he turned round and gave me my bag, and said, "I have taken nothing out of you bag"—I kept on screaming—be said, "For God's sake, hold your tongue, it will ruin me"—he turned back, and ran again, and I ran also—I observed my purse hanging two-thirds out of my bag when he gave it me back—he ran, and I ran, screaming, and said, "If I can get anybody to take you, I will"—I rang the bell at master's house again, as we got back there again—the man-servant came to the bell—I said, "There is a robber gone off,
he stole my bag"—he was then running on—he was taken by a man and a policeman, and brought back—the policeman asked if he was the man—I said, "Yes, I can take my oath of him," and he said himself, "Yes I did take your bag," and wanted to beg my pardon—I said I would give him in charge—this was not more than five minutes after he had taken my bag—he did not speak to me till he gave it me back—it contained the money and things stated.
Cross-examined by MR. PAYNE. Q. Did he go down on his knees to you, and ask you to forgive him? A. Yes—I was frightened—I screamed after I got the bag, because I thought he ought to have been taken—I had spent the day at Westminster—I had seen the prisoner behind me about five minutes before—it happened in Hampstead-road.
JOHN O'BRIEN . I am a policeman. I was on duty in Hampstead-road, and heard a person scream out, "Stop him, stop him"—I saw the prisoner and another man running down Harwood-street—I ran after him, and found the prisoner was stopped by the other man who was running—he gave him in charge—the prisoner was rather confused, but in a minute or two he said, "Policeman, I have taken it, and given it back"—I took him to Bell-cottage—he fell on his knees, and said, "Pray forgive me"—the prosecutrix said, "That is the person who stole my bag."
Cross-examined. Q. The other man was running after him, not in his company? A. No—I asked him whether he had taken the bag, or not—he said, "Yes."
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Six Months.
MAEGARET MURRAY . I live with my father, Timothy Murray, S. No. 17, George-street, St. Giles's. On the 25th of June, about half-past ten o'clock in the evening, I was standing in Buckeridge-street—the prisoner asked where I was going—I told him I was going to the pawnbroker's for my mother—I had 5s. 3. in my hand, and a duplicate—he asked me what I had in my hand—I did not tell him—he saw my hand shut, laid hold of it, and forced the money out of my left hand—the halfpence dropped, and he ran up the street with the 5s—I staid to pick up the halfpence and duplicate, and ran after him—I afterwards saw him in Mr. Riley's public-house, in Bainbridge-street—I went to the door—I waited from half-past ten to half-past eleven, and sent a young woman in to ask the prisoner for the money—he afterwards came out—I asked him for the money, and began to cry—he said nothing, but ran away—I knew his person by seeing him about—I have not spoken to him above three or four times—I went to the station, and the inspector sent the sergeant round to different public-houses—I afterwards saw him on the 27th, in Maynard-street—I went and gave fresh information, and he was taken—I am quite sure be took the money out of my hand—it was my father's.
Cross-examined by MR. PAYNE. Q. Is your father here? A. No, nor the young woman who went into the public-house to ask him for the money—I have known him two or three years—I was not intimate with him—I did not go to see him when he lived at O'Brien's—I have seen him
in there as I have been passing—we always have been good friends—we were not intimate—I go out cleaning—I clean for Mr. Britten—I did not drink with him—he came out and offered me a pot to drink, but I would not—I gave a man named Crawley into custody besides him—he was not with him when he took the money, but seeing them all go out together I asked Crawley to go with me and look for him, and show me where he was—that was after he offered me the pot to drink—I was not five minutes going about with Crawley—I am quite sure I did not lend the prisoner the money.
Cross-examined. Q. Where did you take him? A. In Maynard-street, about 200 yards from where the prosecutrix lives.
JOHN RILEY . I keep a public-house in Bainbridge-street. Between nine and ten o'clock on Saturday night I saw the young woman crying in the street, about two yards from my house—I went out, and heard she had lost 5s.—I do not know whether the prisoner was in my house—there was a good many people there.
Cross-examined. Q. You found a good many people outside? A. A good many.
MR. PAYNE called
DENNIS O'BRIEN . I live at the Harp, George-street, St. Giles's. The prisoner lived in my employ for twelve months—I have known him fourteen years, and consider him an honest man—I have known the prosecutrix for the last four years—I always considered she was the prisoner's sweetheart—she very often came to my house, and spent many an hour in the tap-room in his company, and drank with him several times—he lived with me as potboy twelve months, and during that time she used to come to see him two or three times a-day, and of an evening, and stop two or lived hours with him in the tap-room.
MARGARETCOFFEE. I am single, and sell fruit in the street. I have known the prosecutrix about three years, and the prisoner nine or ten years—they have been very intimate for nearly two years.
JOHN CRAWLEY . I sell poultry and flowers in the street—T have known the prisoner four or five years—I was apprehended on this charge—I had nothing to do with it—I was in a public-house with Riley, at the corner of Bainbridge-street—the prisoner and prosecutrix came in together—I offered her some beer, and she partook of it—he called for a pot of beer—I paid for that, and he called for another—he gave her some money to get some tobacco, and she went for it—she said nothing about let money till she came back—she then said she had given him 5s., but did not consider he meant to keep it—she asked me to go and look for him—I went to a public-house, and she got a policeman, and had me apprehended—I was in the station till three o'clock in the morning.
COURT. Q. Where did she say she had given him the 5s.? A. To me, outside the public-house—there were several people round—she cried, and said she did not think he meant to keep it.
CATHERINE BRYAN . I am married, and live in Charles-street, Drury-lane. I have known the prisoner since he was three years old—I saw the prosecutrix last Thursday, and said, "Why, Margaret, I expected your
marriage before this"—the prisoner and her had kept company such a length of time—I said, "Why did you swear to him wrongfully?"—she said, because she was mad, and her mother persuaded her to do it—I turned round to her mother, and said, "What a mother you must be to make your daughter swear so?"
COURT. Q. Are you related to him? I am his step-mother.
MARGARET MURRAY re-examined. On my oath, I never said I was mad, and that my mother persuaded me to do it—the witness came, and said she would give the 5s. to my mother to make it up—I never told Crawley that I had given the prisoner the money.
NOT GUILTY .
GUILTY .** Aged 18.— Transported for Seven Years.
THOMAS REBBECK . I live with my father, Benjamin Rebbeck, an oilman, in Cambridge-road, Mile-end-road—he has a candle-manufactory in Globe-road—I slept there, and took care of it—on Saturday night, the 2nd of July, I went to bed at ten o'clock—I was disturbed about eleven—I had not been to sleep—I heard a noise in the yard, in front of the house, and a noise in the road also—I got up, and went down the ladder, out of the loft where I slept—a wooden fence separates the yard from the road, and a gentleman's house adjoins the factory—there is a brick-wall between six and seven feet high between the yard and that gentleman's house, and the fence is the same height—I looked through a hole in the factory door, and saw the prisoner Robert jump over the wall—he came into the yard, ran to a tub of tallow, and began to put some into his bag out of the tub—I opened the door, and laid hold of him—he said, "There are more besides me"—I saw nobody else—I asked him where the others were—he said, "Outside"—I went into the road directly, and called a policeman, but did not see any body—a policeman came, and took him into custody, with a bag containing 7 1/2 lb. of my father's tallow.
CHARLES BROOK . I am a policeman. I was on duty in Globe-road, about eleven o'clock at night, and heard a cry of "Police"—I went up, and saw Rebbeck with Robert Poplar—I took him in charge, with the bag, which was lying on the tallow-tub, with tallow in it, and a piece of iron, which he had to dig it out with—it weighed 7 1/2 lbs.—I afterwards went to Whitechapel-road on the Monday, and found the prisoner Samuel—I told him I had his brother in custody for stealing tallow, and took him on suspicion of being concerned in the robbery—he said he got over with his brother the first time, but did not get over the second time—as I came from the station with it he said as Puffy, his brother, had split against him, he should split against the other, and showed me a party that he said was concerned with him.
MARY ANN MEECH . I am the wife of James Meech, and live next door to the factory. On Saturday night, about eleven o'clock, I heard a disturbance, and saw three boys walking to and fro, looking through an
iron paling, which is close to the factory—I afterwards heard a noise in Mr. Rebbeck's garden, looked over, went to the fence, and saw two more boys—one of them gave a signal, and the two ran away down Norfolk-street—I believe the prisoner samuel is one, but he has a different jacket on now.
Samuel Poplars Defence. I was not there that night.
ROBERT POPLAR*— GUILTY . Aged 13.— Confined One Week and Whipped.
SAMUEL POPLAR— NOT GUILTY .
CHARLES PENTON . I am servant to Charles Henry Lee, a butcher, at Horasey. We lost six ducks early this morning—they were safe between seven and eight o'clock last night, in the pen under the open shed—the pen was shut, and the yard fastened—they could not stray—we had sixteen last night—the officers called my master up early this morning—they had taken the prisoner with six ducks in a coarse canvass cloth, which was safe last night.
JOHN SULLIVAN . I am a policeman. I was on duty about half-past three o'clock this morning, in a lane near Mr. Lee's house, and saw the prisoner between two hay-stacks, on Mr. Lee's premises, in a stooping position, and putting some poultry into a cloth—another constable came up—the prisoner saw us, and immediately ran—I pursued him about a quarter of a mile from the hay-stack, and took him—I asked what he had done with the ducks—he said, "What ducks do you mean? I don't know any thing about any"—I took him back to the place, and found six ducks, which appeared to be recently killed, in a cloth—they were bloody, and quite warm.
WILLIAM GRIST (police-constable N 302.) The prisoner was given into my custody by the sergeant—as I was going along with him, I saw the cloth lying under a hedge, in A part of the dyke—I said to the sergeant, "Here is the bag," and said to the prisoner, "I suppose you know something about that bag?"—he said, "I hope you young men don't mean to swear you saw me with the ducks in the bag"—I said, "We do not swear so, though you were actually seen."
Prisoner. I said, "Do you mean to swear I stole the ducks? if you do you are wrong."
GUILTY . Aged 39.— Confined Six Months.
WILLIAM BIRD . I am carman to Mr. Keeble, and live in Hind-mews, Manchester-square. I sleep in a room over the stable—last Saturday night, about a quarter before nine o'clock, I left my room locked, and went out, leaving these articles in the room—I fastened the stable-door inside, and went out at the coach-house—I went back about a quarter to eleven
—I found the door as I had left it—I went into the stable, and beard somebody whispering up stairs, and moving about—I closed the door, and went for a policeman—I went up stairs with him, and Whale found the room door broken open, my box broken open, and the things all tumbled about—we found the two prisoners behind the hay in the loft (I know Grove by his living in John's-court—his master's horses stood in our stable once) they had no business there—I went with them to the station, returned to the stable with the constable, and found on the stairs my silk handkerchief which had been left in my box—the waistcoat was found in the stable behind the horses—it had been in the box, and the corkscrew in the pocket—these are the articles.
GEORGE GEORGE . I am a policeman. On Saturday night, the 2nd of July, I was in Hind mews—the prosecutor called roe—I went up stairs into the loft with him, and found the bed-room door broken open and the staple drawn—I found his clothes box broken open, and the clasp wrenched—I found the prisoners in the loft concealed under the hay, and secured them—I bad to move five or six trusses to find them—I caught hold of Walker—he said, "I will go quietly"—Grove then came out, and said, "I have only come here to sleep"—I took them to the station, returned to the stable, and found the waistcoat lying at the horses' heels—Whale picked up the handkerchief in my presence—I searched them both, but found nothing more.
Walker's Defence. Grove used to live there, and be gave me leave to sleep there with him.
WILLIAM BIRD re-examined. Grove had no leave to sleep there to my recollection—he had leave to come into the stable when he lived with Mr. Hooker, to clean his horses—he was not living there then—I have known him nearly twelve months—he bore a very good character when there—he had left three or four months.
WALKER*— GUILTY . Aged 18.— Confined Six Months. GROVE— GUILTY . Aged 18.— Confined Three Months.
FRANCIS HENRY MUXWORTHY . I am apprentice to Mr. Robert Crew, a tailor, of Portugal-street, Lincoln's-inn-fields—the prisoner worked for my master for about three months. On the 22nd or 23rd of June I was at work at the prisoner's house on my master's work—I left a pair of my own scissors there—I afterwards missed them, and in consequence of information went to Tate's, the pawnbroker's, and found them—these now produced are them.
Prisoner. Q. Were you working on my work, or your master's? A. I was working under your superintendence—I cannot be certain whose work it was—I did not take my scissors home that night.
JOHN LANGUISH . I am shopman to Mr. Tate, a pawnbroker, in Cambridge-street, Golden-square. These scissors were pledged on the 24th of June in the name of John Davis—I do not know who by—I do not know the prisoner—our boy gave a ticket to the person—I have the counterpart of it.
pair of scissors pawned at Tate's—be said they were his own scissors, and I gave them him back, thinking they might be his—but after hearing that the prosecutor had lost a pair, I went to the prisoner, and asked him for the duplicate I bad given him—I found this part of the ticket sticking on the seat of the water-closet in the cell he was in.
GUILTY . Aged 83.— Confined One Month.
MR. BALLANTINE conducted the Prosecution.
WILLIAM M'ARTHUR . I am a seaman. I met the prisoner Fejari last Monday week, the day I was paid off, by St. Katharine's Dock, by the Brown Bear—she came up to me, took me in tow, and ordered me to go into a friend's of hers, Mrs. Burke, to have something to drink—I went, and she asked if I was going to stand any thing—Mrs. Burke said she could not drink any spirits—Fejari then took me home to her own lodging, and told Mrs. Burke to come there—it was in East Smithfield—when. I got there I saw the other two prisoners—one is the servant—I knew Fejari before, and she knew me, having been in the neighbourhood some yon—she lived about a hundred yards from me—she asked what I was going to stand—I said, any thing they thought proper—we had a drop of gin and some beer—I gave Fejari a half-sovereign to get it—she went out, brought me back the change, and gave it into my hands—she then said I must have a better pair of shoes than I had, they were too shabby for me, the would go and change them—I gave her the remainder of the change of the half-sovereign—she went out, came back again in about two hours, and took the shoes down stairs with her—she had brought me in a pair of shoes the first time when she brought the liquor, "but they were too small—she said she could change them for a larger pair—she said she had not silver enough—I took my handkerchief out of my pocket, took a sovereign out of the corner of it, folded the handkerchief again, and put it into my pocket—I said, "If you spend 1s. or 6d. I will make it good to you"—I had put the sovereign no the bed, and when I went to take it up I found it had fled—I had not turned my back at all—how it went I cannot say—I am quite certain I put it on the bed, and did not take it up again—the three prisoners were close against the bedside—I directly kicked up a row about it—they got up in arms against me, and said it was impossible, that it must be in my pocket—I said, if so, that was all I should want—they said, "Let me search"—"Yes," said I, and Dale searched my pocket well—I had a 5l. note when I went into the house—I had broken two or three stitches in my waistcoat, and forced it down to the corner—it could not have come out—Gray put her hand into all my pockets—she could not find the sovereign—after watching me Fejari and Gray started out—Dale remained—they said they were going out to change my shoes—I was not exactly sober at the time—Dale went out in ten or twenty minutes to look for Mrs. Fejari—she returned again, and I asked her if she had seen Mrs. Fejari—she said she had not, she wished to God Almighty she had—I had missed my note at that time, and charged her with stealing it—she was up in arms worse than before, and wished to God Almighty Mrs. Fejari was in to let her know
of it—the first policeman I came across I gave information to—he took charge of the house, and the prisoners were all taken into custody there afterwards—I am quite certain I had the 5l. note when I went into the house, and that I put the sovereign down on the bed—while I put the handkerchief into my pocket it fled—while Dale searched me the other two were present—I did not notice what they were doing at the time—they were both standing up—I had had the 5l. note safe about a quarter of an hour before—Dale came back first before I spoke to the policeman.
Dale. Q. Do you remember going to Mrs. Quinlan's before your sovereign was lost? A. No—I never was out of the house from the time I missed the note till I sent for the policeman—I did not leave the room, except to call the policeman.
Fejari. Q. Did not you go out of my house before I went away? A. No—I never went out—I never went to my lodging—I did not say anything about the note till you came back and sat down—I was at Mrs. Burkes—you ordered me to send for liquor—I did not throw any money on the bed when I pulled out my handkerchief.
EDWARD WIGLEY (police-constable, H 141.) I went to Fejari's house in Glasshouse-street, East Smithfield, at half-past eight o'clock in the evening, and found all the three prisoners there—the prosecutor was sitting down with them—he gave Fejari and Gray into custody for robbing him of a 5l. note, and a sovereign—Fejari said she had only been out of the house ten minutes—Gray said to Fejari, "See what trouble I have got into through coming to see you"—Dale followed us to the station and was then given into custody—the prosecutor had been drinking, but knew perfectly well what he was saying—he charged Dale at the door of the station—he said he had put the 5l. note in his pocket, that Dale searched his pockets, and a few minutes after he missed the 5l. note out of his pocket—he showed me his waistcoat pocket and I observed part of it torn.
Gray's Defence. I went into Mrs. Fejari's house about five minutes to seven o'clock in the evening.
DALE— GUILTY . Aged 25.
FEJARI— GUILTY . Aged 25.
GRAY— GUILTY . Aged 29.
Recommended to mercy by the Prosector.
Confined Six Months.
NEW COURT.—Wednesday, July 6th, 1842.
Fifth Jury, before Mr. Common Sergeant.
2101. ELIZABETH MACINTOSH, alias Freeman, was indicted for feloniously and knowingly uttering a counterfeit crown-piece, she having been before convicted of uttering counterfeit coin; to which she pleaded
GUILTY .— Transported for Seven Years.
2102. FRANCIS ALLENDALE was indicted for stealing, on the 28th of June, 1 1/4 lb. weight of ham, value 1s.; the goods of William Parratt; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 18.— Confined One Year.
GUILTY .— Confined Three Months.
2104. JAMES SUTTON was indicted for burglariously breaking and entering the dwelling-house of Thomas Morton, about the hour of three in the night of the 24th of June, at St. John, Hampstead, with intent to steal, and stealing therein 11 towels, value 11s.; 1 tablecloth, value 2s. 6l.; 1 box, value 2s. 6d.; 16 knives, value 18s.; 6 forks, value 1s. 6d.; 1 pair of scissors, value 1s.; 1 steel, value 6d.; 1 handkerchief, value 3s.; the goods of the said Thomas Morton; and 2 aprons, value 6d.; 1 shawl, value 3s.; the goods of Martha James; and that he had been before convicted of felony.
MARTHA JAMES . I am servant to Thomas Morton, living in the parish of St. John, Hampstead. On the 24th of June, I went to bed about eleven o'clock at night, and shut the house up—I was the last up—I came down at a quarter before six o'clock the next morning—the kitchen shutter was then broken, and an entrance had been made—I missed these towels and other things produced—they are my master's—I can swear to them, and these other things are mine.
HENRY HOBBS (police-constable S 174.) About five o'clock in the morning of the 25th of June, I met the prisoner in Edgeware-road with the bundle—I asked him whose it was—he said it was his—I took him into custody, and on the way to the station he escaped—I pursued—I did not lose sight of him—the bundle contained these things—he said a man gave them to him in the fields.
Prisoner's Defence. I was coming along—I saw two men with a bundle—they offered it me, and I took it.
GUILTY . Aged 20.— Transported for Ten Years.
SOPHIA BRIDGEMAN, JUN . I live with my mother, Sophia Bridgeman, in Chapel street, Chelsea. The prisoner lodged with us—on the 21st of June, she was coming out of my mother's room, with the table-cloth in her hand—I charged her with stealing it—she said she wanted to see if she could match another one that was lost—I took it from her as the was coming out—this is it.
(The prisoner received a good character.)
GUILTY. Aged 50. Recommended to mercy. — Confined One Month.
SARAH BENDALL . On the 27th of September I left a bundle with the prisoner, to take care of, containing a purse, some silk, and some ribbon—the silk of the bonnet produced, and the ribbon on it, are mine—I asked her for it next day—she denied that I had left any bundle at all.
Prisoner's Defence. On the night mentioned I did not see her.
(The prisoner received a good character.)
GUILTY . Aged 39.— Confined Three Months.
EDWARD CLARK . I am in the service of Edwin Llewellin, a cheesemonger, in Liquorpond-street. On the 28th of June I saw the prisoner put her hand to the back of the window and take a piece of bacon—I went out—she took up another piece, and asked the price—I then lifted up her shawl, and saw the other piece which had been on the board just before—she had not asked the price of that.
Prisoner's Defence. I did not intend to steal it, but to Buy it.
GUILTY . Aged 47.— Confined One Year.
Before Mr. Baron Gurney.
2108. FREDERICK HUNT was indicted for that he, being employed under the Post-office of Great Britain and Ireland, did, on the 21st of June, feloniously steal a certain post-letter containing 2 shillings, the monies of Her Majesty's Post Master General.—3 other COUNTS, varying the manner of laying the charge.
WILLIAM HEWITT . I am a letter-carrier in the Twopenny Post-office. On Tuesday morning 21st of June, I was on duty in the letter-carrier's office, about half-past eight or twenty minutes before nine o'clock—I was engaged in sorting letters, and in the course of my sorting, the letter now produced, came into my hand, addressed to Mr. Uranus—it was sorted to me by Merritt, who said it contained cash—in consequence of what Merritt told me, I gave the letter to Gauntlett, my assistant, and told him it was a cash-letter—the prisoner was sitting by me, on my right, and Gauntlett was sitting opposite me—the prisoner was sorting on my right hand-side, as near as the seats could stand—soon after Gauntlett called me aside, and laid, "I have lost the money-letter"—in consequence of that all the letter-carriers of our division were ordered into the inspector's room—there were thirteen or fourteen of them, and the prisoner was one—to go into the inspector's room, you have to pass through the supernumeraries-room—there is a partition between the supernumeraries'-room and the inspector's room, and on entering the inspector's room, there are two steps—I went up them, and when I got on the top step my face was turned towards the supernumeraries' room, and I observed the prisoner on my right side—he was on the floor below me, and close by a table on which there stood a box, about seven inches from a partition—I observed the prisoner take this letter from some letters which he had in his left hand—he pushed it along the table, and hid it behind the box—I got down from the steps, and said, "There is the letter, I saw Hunt put it there"—I looked behind the box, and found this letter—it is the one I had before given to Gauntlett—the prisoner was too confused to say anything.
Cross-examined by MR. BALLANTINE. Q. Do you mean be said nothing? A. He was too confused to say anything at the moment—after be came to himself again, be said be knew nothing about the letter—he did not answer immediately—a moment or two elapsed—he and I have been on adjoining beats—I do not suppose he has been on that beat more than eight or ten months—I have been but little associated with him—I have asked him to deliver letters for me, at Mr. Boyle's, the corner of Farringdon-street, and Holborn, it is as much in his delivery as mine—the private-door is in one street, and the shop in the other—I deliver in Farringdon-street, and he in Holborn—whatever letters are delivered to us, it is our duty to deliver—I may have asked him to deliver letters to one or two houses within a door or two.
Q. Have you not given him many letters to deliver while yon have been drinking and smoking? A. I never smoked in my life—I have not gone into public-houses with him, and remained there, and asked him to deliver letters for me instead of delivering them myself—he has never declined delivering letters for me—he has declined doing it for my partner, Gauntlett, but not me—I have heard him decline doing it for Gauntlett two or three times—Gauntlett was on the same beat with me then—the refusal was not as much to me at to Gauntlett—he never refused me—I have not been on bad terms with him in consequence of his refusing me—I sever had any quarrel with him in my life—Gauntlett and I were on good terms—this proved to be a money letter, and I said, "This in a money letter; take care of it"—the prisoner was not in the office at that time, but several other persons were there—I gave the letters to Gauntlett singly, as we always do—there were no other money letters that day, to my knowledge—I saw Gauntlett put the letter down on the desk where he was sitting, by the side of him—Ford and another person were by the side of Gauntlett—I did not remain in the office till all the men went out saw Gauntlett go out, and go to the inspector's office—he went before me—he did not take the letter, that I swear—I did not see the letter till the prisoner was in the act of putting it behind the box.
COURT. Q. At the time you were all summoned to the inspector's room, was the letter then misting? A. It was missing then.
MR. BALLANTINE. Q. Where was the prisoner at this time? A. Sitting on the right side of me, and Gauntlett was opposite me—Gauntlett never left his seat till we all went to the inspector's room—the prisoner had been there from before nine o'clock—be was not there when I gave the letter to Gauntlett—he came a minute or two afterwards—I have never been charged with getting drunk, and being incapable of delivering letters,
MR. DOAHE. Q. How long have you been in the office? A. Twelve years—I have given the prisoner letters to deliver to houses which adjoin his beat—I did not give him this letter—I gave it to Gauntlett, and told him to be careful—Gauntlett came round to me, but he did not leave the room till the whole fourteen of us were summoned—Fleet-street is in Gauntlett's beat.
SAMUEL GAUNTLEET . I am a letter-carrier in the Twopenny-post-office; I have been employed there nearly eight years. On the 21st of June, I was on duty at the office—Mr. Hewitt was there, and the prisoner—I remember Mr. Hewitt giving me a letter containing cash, addressed to Mr. Uranius, No. #, Crane-court, Fleet-street"—I put it on one side
of me—it remained there about twenty minutes—I then left to get some letters from another office—I gave some of them to Hewitt, some to another man, and the remainder to the prisoner; and I believe this letter was in the packet of letters which I gave to the prisoner, for when I received it, I put it down on the desk with another letter, and when I brought the packet of letters from the other office, I laid them down on these two letters, I then gave two parcels to two other persons, and the last parcel I gate to the prisoner—if he had received this letter with the parcel which I gave him, he ought to have sorted this into the Farringdon-walk letter boxes—there are six of them, and one of them is for the division which I deliver, and be ought to have put it into that box—I took the letters out of that box in about a minute after I had given the parcel of letters to the prisoner, and this letter was not there, but the other letter that I had pot down with this one was—I then asked Mr. Hewitt if he had this letter, as I had lost it—I went round the division to see if it had made its way into any of the other Farringdon boxes—I could not find it, and I made a report to Mr. Payne that I had lost it—he ordered all the letter-carriers into the inspector's room—that order was given loud enough for all to hear—they all went but the prisoner, he remained behind, he did not go immediately—I said to him, "Come, you must come with your letters as well as the rest; you know you must come"—he then took up his letters, and came from the division where he had been sitting towards the inspector's room—he followed me—Hewitt was half a dozen paces before—I went on, and passed Hewitt just as he got to the door, and I had not been in a second before Hewitt cried out, "There is Hunt putting a letter behind that box"—I turned as soon as I could, and saw Hewitt get down the steps, and take away a letter from the box—it was handed to Mr. Payne, the inspector, and he handed it to the President—he asked me if that was the letter I bad lost—I told him it was—at the time Mr. Hewitt took the letter, I saw the prisoner—he appeared very much confused for the moment, and after a short pause, he said, "I did not put it there"—Hewitt and I have been on the same beat very near four yean—the prisoner's beat joins ours—I do not recollect that he, and Hewitt, and I have been in company except as letter-carriers—I have requested the prisoner to deliver my letters on one or two occasions, when be has been pawing a house which I have got a letter for—I have not heard Hewitt ask him to do so, but I have asked him in the presence of Hewitt—I think he has refined to take a letter for me—perhaps he has not had a letter near the house, and he has said, "I can't take it for you this time"—I have never heard him refuse Hewitt.
Cross-examined. Q. You say you put a lot of letters down? A. Yes, on the two letters—I put them down with the intent of sorting them myself—the prisoner was sitting opposite me—I handed a parcel to him, and I suppose this letter was in the parcel—when I missed it I mentioned it—the prisoner might have heard me, but I rather think he did not.
CHARLES MERRITT . I am a letter-carrier in the Twopenny Post-office. I recollect, early in the morning, on the 21st of June, handing this letter to Hewitt—I told him it was a cash letter—I after that heard the order for all the carriers to attend in the inspector's-office—I went in with the others—I was on the top step, and could see the box on the table—I heard Hewitt call out, "Hunt is putting a letter behind the box"—I turned, and saw the prisoner standing near there, and he was drawing his right
hand from the box—he had letters in his left hand—Hewitt took the letter from behind the box—I observed the prisoner's manner—he appeared very ouch agitated—he made some remark, but what I did not hear.
CHAELES COX . I am a charge-taker in the Twopenny Post-office. I was on duty on the morning of the 21st of June—I went with the carriers into the inspector's-room—I was standing on the top step, or the floor, and saw Hewitt on the lower step—he said, "There is Hunt putting a letter behind the box"—I saw the prisoner—he was standing about a foot from the table—he was in the act of drawing his hand from the box—Hewitt went from off the step to the box, put his hand behind it, and drew out the letter—I had seen this letter pass before me from Merritt to Hewitt.
RODEICK NBALE . I am a letter-carrier. On the morning of the 21st of June I heard the order for the carriers to go into the inspector's-room—I saw them leave the office to go there—Hewitt and the prisoner were the two last—I saw the prisoner was rather fidgety at his duty, and he shifted his letters, which I considered was rather unusual—I could look over his shoulder, and I saw him take ft letter from the centre of his bundle and place it at the back of it—that was after the others were all gone op to the inspector's room—the prisoner then followed Hewitt and Gauntlett—I did not go; I am not in that division.
ROBERT TYRRELL . I am a police-constable attached to the Post-office. On the 21st of June the prisoner was given into my custody, and Hewitt aid, in his presence, that he. had seen him place this letter behind the box—he denied it—he was then questioned by me, and I asked him if he had seen that letter that morning—he said he had no recollection of it—the letter has since been opened by Mr. Flood—it contained two shillings—it was then sealed up again.
CHAELES ALEXANDER FLOOD . I live in George-street, Greenwich. I have letters addressed to me occasionally by the name of Uranius, Crane-court, Fleet-street—this letter is one of them—I went to the Post-office, from information, on the 25th of June—this letter was produced to me—I opened it, and found it contained two shillings—it is from a person of the name of Clark.
THOMAS WATKINSOV . I keep the post-office at Lower Tooting. This letter bears the stamp of my office—it has passed through there—(address read)—"Mr. Uranius, No. 3, Crane-court, Fleet-street. Immediate."
SAMUEL GAUNTLETT re-examined. Q. You say you had placed this letter and another by your desk, you then went and fetched some more letters, which you put down; you then gave some to one and some to another, and the last parcel of them you gave to the prisoner to distribute into the different boxes; are you sure he had finished the distribution? A. Yes, he had, the whole of them—he had no others to distribute, and just at he had done distributing them, I looked into the boxes—I saw him when he went into the inspector's room—he had his own letters in his hand at that time.
MR. BALLANTINE. Q. Did you see him distribute the letters, or do you merely conclude he did so because it was his duty? A. I saw him sort them into the different boxes—he would sort his own letters into his own box, and then take them out again to arrange for delivery—those were the letters he had in his hand.
(The Rev. John Bathurst Deane, of Finsbury-circus; and Mrs. Jemima
Wood, whose husband is employed in the Post-office, gave the prisoner a good character.)
GUILTY. Aged 31.—Recommended to mercy by the Jury.
Transported for Fifteen Yean.
GUILTY . Aged 42.— Transported for Life.
2110. JOHN GARDINER was indicted for feloniously assaulting James Jacob, on the 11th of June, and stabbing and wounding him, with intent to kill and murder him.—2 other COUNTS, stating his intent to be to maim and disable, or do him some grievous bodily harm.
JAMES JACOB . I am a labourer, and live at Han well—the prisoner it a labourer, and lives also at Hanwell On the 11th of June I was in his company at the Bear Inn, about half-past eleven o'clock at night—we had a few words, but did not come to blows—I went away to the Swan lnn, which is about a quarter of a mile from the Bear—the prisoner followed me down—I went to pay the landlady for some beer, and as I came out the prisoner challenged to fight me—I went up to him, and made a blow at him—he had put himself in an attitude of fighting before that—when I went up to him he stabbed me on the left side of the belly—I knew no more after that—I fainted away, and was ill for ten days.
CHARLES BALDWIN GILCHRIST . I am a surgeon. I was called about half-past twelve or one o'clock, on the 11th of June—I found the prosecutor lying on the floor at the Swan—there was a wound made with a sharp instrument on the left side of the abdomen—it had penetrated about two inches—it bad taken an oblique direction, or most probably it would have caused his death at once—this knife is a part of instrument that would be likely to make such a wound.
THOMAS LONG (police-sergeant V 222.) I was on duty about 200 yards from the place—I heard of the circumstance—I went and found the prosecutor, who stated that he had just been stabbed by the prisoner, John Gardiner—I took Gardiner into custody, and sent William Norris for a surgeon—I found this knife about thirty yards from where the prosecutor was stabbed, and about two yards from a pond of water.
THOMAS LAWRENCE . I came out of the Swan at the time the other did, and the prosecutor and prisoner were having words together—Jacob went up and struck at Gardiner—I did not see Gardiner return the blow—Gardiner said he would go and get a policeman, and he brought a great stick back, and then Jacob said he was stabbed.
Prisoner's Defence. I never had the knife; I did not do it.
GUILTY on the 3rd Count. Aged 21.— Transported for Fifteen Years.
2111. ROBERT TROTTER, alias Charles Jones, was indicted for burglariously breaking and entering the dwelling-house of Stephen James Fitzgerald, about the hour of one in the night of the 24th of June, at St. Pancras, with intent to steal, and stealing therein, 1 knife, value 3d.; 24 shillings, 2 pence, and 6halfpence; the property of Mary Welch: and 1 pencil, value 1d.; 2 pence, and seven halfpence; the goods of Jane Moorman.
JANE MOORMAN . I am in the service of Mr. Stephen James Fitzgerald, who lives at No. 11, Tunbridge-place, New-road, in the parish of St. Pancras. On the night of the 24th of June I went to bed just before eleven o'clock—I was not the last person up, and did not fasten up the house—I was disturbed about half-past one—my master went down stairs first, and I went next—the kitchen-window was thrown wide open, and the window-shutters were thrown down—the shutters had been shut when I went to bed, and the window was fastened down—I found the area-gate was wide open—the policeman went and got a light, and went down stairs—we found all the kitchen-drawers, wide open—twenty-four shillings, two pence, and six halfpence had been taken out of the cook's drawer, and two pence and seven halfpence taken from a reticule-box on the shelf, and a small knife and a pencil—this was on a Friday night, and on the Sunday Bight following the prisoner was taken.
JAMBS CARTER (police-constable S 140.) About one o'clock in the morning, on Saturday, the 25th of June, I saw the prisoner at the corner of Judd-street, New-road, about 150 yards from the prosecutor's house—he passed along towards Tunbridge-chapel—he was alone—a constable of the E division was coming along—he turned and looked him in the face—I went down West-street to watch the prisoner—I lost sight of him, and did not see him again till he was at the station on Monday morning.
Prisoner. The policeman said he was on the other side of the New-road, and I on the other. Witness. I went across the road to look at the prisoner, because I saw him look at the constable—he had the same clothes on that he has now, only he had a hat on—I lost sight of him all at once.
WILLIAM SHEW (police-constable E 19.) I was on duty that morning, and saw the prisoner standing neat Tunbridge-chapel, about a quarter past one o'clock, about five yards from the prosecutor's—the next time I came round my beat I found the area-gate open at Mr. Fitzgerald's, No. 11, Tunbridge-place—it was then about half-past one—I alarmed the house—I found the house had been opened by putting a knife between the two sashes of the kitchen window.
ROBERT SMITH (police-constable E 160.) I assisted in apprehending the prisoner on the Sunday night, in an area at No. 9, Judd-street, about a quarter to one o'clock—he was under the area steps, and I found the kitchen window open—I saw him searched, and a knife, a box of lucifer Batches, and a piece of candle, Were found on him—he dropped the candle on the way to the station—a small jemmy was found under the steps where the prisoner was concealed.
GEORGE SPOTTISWOOD PECK . I took the prisoner under the steps—I searched him in the kitchen, and found this box of matches, this knife, a piece of candle, a bodkin-case, this pencil, and a snuff-box on him—I found this little jemmy under the area steps.
RICHARD OWEN . I am a policeman. After Carter came and saw the prisoner on Monday morning in the cell, the prisoner said, "D—that D—Carter, it is all up with me now"—he said he had had seven years before, owing to Carter, and he served three out of it; and if they had let
him remain in the place where they took him, he should have been a 100l. man by ten o'clock.
JANE MOORMAN re-examined. This pencil belongs to me—I know it by the way I cat it with a kitchen knife, and the marks of bites on it; and there are two names on it, the name of "Exeter" and the name of "Jones," I think—I was the last person that used it—I was not aware it was lost till I saw it brought back, and laid on the table at my master's.
Prisoner's Defence. I own I was taken up under the area; a gentleman came into the watch-house just before me; Carter said, "Let roe look at him;" the gentleman got up, and Carter said, "This is him;" he went away, came in again, and said I was the man; several policemen said that the gentleman was me, and I was him.
GUILTY . Aged 19.— Transported for Fifteen Years.
2112. JAMES FOY was indicted for that he, together with three other persons, whose names are unknown, on the 27th of June, at Christ-church, feloniously did assault James Faithful, and did put him in corporal fear and danger of his life, and 1 handkerchief, value 5s. 6d., from his person, and against his will, violently and feloniously, did rob and steal, and immediately before, at the time, and immediately after the robbery, feloniously did beat, strike, and use other personal violence to him.—2nd COUNT, for assaulting him, with intent to rob him.
JAMES FAITHFULL , (being deaf and dumb, gave his evidence in writing.) "I am a printer. About twelve or half-past twelve o'clock, on Monday morning, the 27th of June, I was in Brick-lane. The prisoner, and about three other persons, came up to me—the prisoner knocked me down, for the purpose of robbing me—I saved all my money, but I lost a silk handkerchief out of my hat, worth 5s. 6d.—I had money in my fob, which be tried to get from me—I called, 'Murder'—he struck me—the other three ran away."
Prisoner. He was intoxicated. Witness. I was quite sober.
JOSEPH FISHWICK (police-constable H 27.) I was on duty in Brick-lane, Spitalfields, about half-past one o'clock that morning—I heard a strange noise, seemingly of "Murder"—as I approached near the place I saw the prisoner in the act of getting up from the ground, in a stooping position—I saw the prosecutor on his hands and knees on the ground—when I got up to them, the prisoner was on his feet, walking backward!, and putting out his hands, to keep the prosecutor from laying hold of him—I asked him what was the matter—I found he was deaf and dumb, but he made me understand, by signs, that he had been attacked by four men; that his hat was knocked off, and his handkerchief gone; that the other three had run away—he showed me that his coat was tern in two places, and that the prisoner had done that—he showed me his pocket, and said he had three half-crowns in it, and the prisoner had struck him on his hand while he was endeavouring to protect his money, and had put his thumb out—I took the prisoner into custody—the prosecutor did not seem to me to be in liquor.
Prisoner's Defence. I am quite innocent; I was walking along, and saw the prosecutor surrounded by several persons; he came to me, and began pulling me about with his hands; I laid hold of him, and we struggled, and fell down; at that moment the officer came up.
GUILTY of Robbery, without personal Violence. Aged 23.
Transported for Fifteen Years.
2113. BENJAMIN EASTON was indicted for stealing, on the 27th of January, 1 leather dog-collar, value 5s., the goods of the Honourable Henry Charles Fitzroy Somerset, commonly called the Marquis of Worcester.—2nd COUNT, stating it to be the goods of Henry Charles Somerset, Esq.—3rd COUNT, of a person unknown.
MR. BODKIN. conducted the Prosecution.
THOMAS HALL . I am in the employ of Mr. Orme, a botcher, in Munster-street, Regent's-park—my master's house is near the barracks. I bow a dog belonging to the Marquis of Worcester—about nine o'clock in the morning, on the 27th of June, I saw that dog at my master's—it then had a collar on—I had noticed that collar before*—it had on it the name of the Marquis of Worcester, 1st life Guards—I was caressing the dog on the Doming of the 27th, and I saw the prisoner standing near the curb-stone—he said if I did not mind the dog would have something off the block—I said I did not think he would, as I knew the dog before—in two or three minutes I noticed the dog go away, and the prisoner follow him—the; went towards the New-road—I was going on with my business, but continued to watch them—I had them in sight about ten minutes—I lost light of them first by their going into Clarence-gardens—I saw them come out on the other side, and the dog was following the prisoner—I could not see at that distance how the dog acted, but I had before seen the dog pleated with the prisoner, and look in his face and wag its tail—I know a butcher of the name of Matthews—I saw the dog go inside his shop, and the prisoner waited outside—the dog came out, and they went on together till I lost sight of them—I could not see whether the dog bad the collar on when they came out of Clarence-gardens.
Cross-examined by MR. DOANE. Q. How far is Mr. Matthews's from your shop? A. About two hundred yards—it is on the same side, and before yon come to Clarence-gardens—the dog was in Matthews's shop fire or ten minutes—I saw the dog and the prisoner leave together—I never saw the prisoner, to my knowledge, before—I was standing at our door when the dog came up to me, and I caressed it—I can swear the prisoner is the man.
MR. BODKIN. Q. How soon afterwards did you see the prisoner again? A. The next day, in custody—this is the dog—(looking at it.)
HENRT BENSON . I am in the service of Mr. Orme. I remember seeing Thomas Hall caressing this bitch that morning—I saw the prisoner there, and he said, "If you don't mind, the bitch will have something off the block"—after that I saw the bitch go away, and the prisoner followed her—I watched them as far as Clarence-gardens, and they came out on the other side—I saw the dog go into Mr. Mathews's, and the prisoner waited outside—they then went on towards the New-road—that is in a direction towards Bagnigge-wells-road.
JAMES RICHARD WILSON HOWSON . I live in Munster-street, Regent's Park. On the morning of the 27th of June I was looking from my window—I noticed this bitch following the prisoner—I saw it stop, and the prisoner stopped, but it was at the second butcher's shop from me, and there was a blind which prevented my seeing what they did—I am positive the prisoner is the man that was with the dog.
Cross-examined. Q. Are you speaking of the blind at Matthews's? A. Yes—it was a canvas blind—I saw the dog go there.
about 50l.—it always had a collar on, engraven, "Marquis of Worcester, First Life Guards"—it was a broad leather strap, with a brass plate on it and a buckle—it was worth 7s.
WILLIAM SMITH . I am in the First Regiment of Life Guards, and am groom to the Marquis of Worcester. I know this bitch; I am in the habit of taking care of her—she had a collar on on the morning of the 27th of June, on which was engraven, "Marquis of Worcester, First Life Guards."
RICHARD BAYLIS . I am a messenger to the Clerkenwell police-court There was a complaint of the loss of a dog on the 27th of June, and, in consequence of information, I went to the prisoner's house in Charlotte-street, Bagnigge-wells-road, about twelve o'clock that day—I knocked, and a woman opened the door—I went into the parlour, and found this dog there—this leather strap was round the dog's neck, and chained to the bedstead—I looked about the place for the collar with the Marquis of Worcester's name on, but could not find it—the prisoner was not at home—I waited till about half-past two or a quarter to three o'clock; he then came home, and I took him—"I said, "This is a bad job, Ben, I have found a dog here belonging to the Marquis of Worcester"—he said, "It was brought here by a strange man."
Cross-examined. Did you know him before, and know that he lived there? A. Yes—several other persons live in the house—the prisoner only keeps the parlour, at least he says so—I was in his room once before, and then I saw him there—that is about two months ago—I know he once lived in Weston-place, Pan eras-road.
GUILTY . Aged 37.— Transported for Seven Years.
2114. MARTHA HUBBARD was indicted for stewing, on the 27th of June, 1 shawl, value 4s., the goods of James Whitehead: 1 shawl, value 5s., the goods of Harriet Whitehead: and 1 parasol, value 5s., the goods of Margaret Topham.
HARRIET WHITEHEAD . I am the wife of James Whitehead, we live in Summer-street, Leather-lane. On the 27th of June, the glass-cutters had their annual dinner at Chalk-farm—I did not go to the dinner, but went up about a quarter to seven o'clock in the evening by myself—I there joined my husband and his family—I had a shawl—we went into the ball-room about nine—the shawls were put on a window-seat, and tome hats and bonnets put upon them—about a quarter-past one the next morning, I went to put my shawl on, and it was gone—I then missed the prisoner, who had been in the room—I went out, and followed her down stairs—she was talking to two young lads, and said she must go home—she had a bundle under her arm—I said, "Excuse me, I think you have my shawl"—she denied having it—I lifted up her shawl, and took mine from under her arm—the policeman took my sister's shawl and a parasol from her at the station—they had been lying with my shawl—the prisoner had been in our party in the room in the evening.
WILLIAM WHITEHEAD . I went to the anniversary—I placed the shawls in a window-seat, and put my hat on the top of them, and placed two bonnets on the top of my hat—after supper, I took my hat up, and placed the shawls on a table—in five or ten minutes I missed them.
JOSEPH WILLIAMS (police-constable S 109.) I was called to take the prisoner—I saw Mrs. Whitehead take one shawl from her, and O'Brien took another—I took her to the station, and found this parasol down by her
side, she was endeavouring to make away with it by putting it round a corner, at the station.
HARRIET WHITEHEAD . I am single, and am sister-in-law to the first witness—my shawl was placed with the others—this is it—this parasol is the property of another sister, who is in service—her name is Margaret Topham.
Prisoner's Defence. I found them in the ball-room; Mrs. Whitehead came down, and said she had lost her shawl; I asked if this, was hers; she took it, and called me all the ill names she could think of, and gave me in charge; I was sent out to look for a place, and met two young men who persuaded me to go in there, or I should not have gone.
MRS. WHITEHEAD. re-examined. I did not call her any names—I had not known her before, but she was in company with a younger brother of ours, and we treated her as if she were a sister.
GUILTY. Aged 17.—Recommended to mercy. — Confined Six Months.
JOHN O'SLADE . I am a porter hi the service of Isaiah Williams Peters. On the 1st of July, between eleven and twelve o'clock at night, I was in Covent-garden-market, watching my master's cart, which was loaded with pets and other things—I saw the prisoner take a sieve of peas from the cart—he ran off down Tavistock-court—I went after him, and cried, "Stop thief"—the prisoner dropped the sieve of peas before the policeman met him—I lost sight of him, but the policeman did not—he ran down Bull Inn-court, and up another court, and the policeman found him in a cupboard—these peas were worth 3s. 6d., and the sieve If. 4d.
WILLIAM HILL (police-constable F 60.) I was on duty, and saw the prisoner running from the market, down Maiden-lane—he bad nothing with him—he ran down Bull Inn-court, and on to Lumley-court—he there went into a brothel—I went in, and found him concealed in a cupboard.
Prisoner. He did not find me in a cupboard; it was the witness and a few of his mates who came and hauled me out of the cupboard; I was going down the court, and saw this basket on the pavement; I heard some persons running down the court, and they said, "That is him;" I thought they were going to give me a hiding, and I ran.
GUILTY . Aged 18.— Confined Two Months, and Whipped.
Sixth Jury, before Mr. Common Sergeant.
2116. GEORGE PEARSON was indicted for stealing, on the 4th of July, at St. Helen, Bishopsgate, in the dwelling-house of William Ludlow Barton, 1 coat, value 4l.; 2 waistcoats, value II. 5s.; 1 pair of trowsers, value 1l.; 2 razors, value 10s.; 2 brushes, value 5s.; I comb, Value 6d.; 2 shirts, value 10s.; 1 pair of drawers, value 5s.; 1 bag, value 7s. 6d.; 2 towels, value 1s.; and 1 handkerchief, value 2d.; the goods of Edward Henry Levin; to which he pleaded
GUILTY . Aged 21.— Transported for Ten Years.
GUILTY . Aged 35.— Confined Three Months.
GUILTY . Aged 21.— Transported for Seven Years.
GUILTY . Aged 35.— Confined Nine Months.
GUILTY . Aged 25.— Confined One Month.
2121. JAMES COOPER was indicted for stealing, on the 27th of June, 1 knife, value 4d.; 1 sovereign, 3 half-crowns, 1 shilling, 1 sixpence, and 1 groat, the property of James Collins, from his person: to which he pleaded
GUILTY . Aged 29.— Confined Nine Months.
2122. SARAH HOLLAND was Indicted for stealing, on the 2nd of July, 2 snuff-boxes, value 4l.; 1 watch, value 8l. 8s.; 1 seal, value 2l.; 1 watch-key, value 10s.; and 1 split-ring, value 5s.; the goods of John Biss, her master; and that she had been before convicted of felony: to which she pleaded
GUILTY . Aged 24.— Transported for Seven Years.
2123. HENRY THOMPSON was indicted for burglariously breaking and entering the dwelling-house of Jean Baptiste Desfontaines, about two o'clock in the night of the 2nd of July, at St. James', Westminster, with intent to steal, and stealing therein, 1 watch, value 2l.; 1 purse, value 1s.; 1 pocket-book, value 2s.; 1 medal, value 4s.; 1 5-franc piece, value 4s. 2d.; 2 half-francs, value 10d.; 1 silver 3d.; 5 sovereigns, 6 half-crowns, 8 shillings, 11 groats, 10 sixpences, and 1 5l. Bank-note, the property of the said Jean Baptiste Desfontaines.
JEAN BAPTISTE DESFONTAINES . I am a dealer, living in the Quadrant On Saturday night, the 2nd of July, I shut my shop and parlour, and all my part, about twelve o'clock—it was all safe then—I then went to bed—the house is in the parish of St. James'—it is my dwelling-house—I was awoke by a policeman coming in—I found the house broken open, and I missed this gold watch, a 5l. note, and other articles—the prisoner had lived five months with me, and knew all my house—his father bad not known my house.
MICHAEL FOX (police-constable C 117.) I was on duty on Saturday night, the 2nd of July, at half-past two o'clock—I saw the prosecutor's shop door open—I went in and saw the prosecutor—after some conversation
I went to Great St. Andrew-street, Seven-dials, at eight in the morning, where the prisoner lived—I found the prisoner and his father there—I told him he was my prisoner—I found this watch between two beds where he and his father slept.
Prisoner's Defence. I had these things given to me.
GUILTY . Aged 18.— Transported for Ten Years.
2124. CHARLES FLATT, WILLIAM GORDON , and JOHN LEE were indicted for burglariously breaking and entering the dwelling-house of Ebenezer Benham, about the hour of two in the night, of the 21st of June, at St. George, Bloomsbury, with intent to steal, and stealing therein, 1 tea-pot, value 2l. 10s.; 11 spoons, value 2l.; 1 fork, value 12s.; I bread-basket, value 2l.; 1 toast-rack, value 5s.; 2 breast-pins and chain, value 5s. 2 rings, value 12s.; 1 seal, value 5s.; 1 knife, value 2s.; 1 handkerchief, value 3s.; 1 purse, value 1s.; and 1 sovereign, the property of the said Ebenezer Benham: and 1 pair of boots, value 5s. the goods of Ebenezer Benham, Jun.
EBENEZER BENHAM . I live in Great Coram-street, Brunwick-square, it is my dwelling-house, and it is in the parish of St. George, Bloomsbury. On the evening of the 21st of June, my house was left safely futened in the usual manner—I was called up about four o'clock in the morning, and found somebody had entered—I missed a tea-pot, eleven spoons, and some other things—this bread-basket and toast-rack were thrown away under the arches of the Adelphi, proving to be only plated—these are mine—these boots are my son's—this pocket-handkerchief and small double gold breast-pin is mine.
ANN BERESFORD . I am in the service of the prosecutor. I went to bed at half-past twelve o'clock—the scullery-window was then safely shut—Flatt had been working at our house as a carpenter, with his uncle—he used to wash his hands in the scullery when he was there—the window was protected by iron bars—I awoke about four in the morning—when I came down the area-door was open, but there were no marks of its having been forced—I think they got through the kitchen-window—there was a place where they had rubbed themselves against the wall—a row of garden-pots stood against the window, and two of them were thrown down opposite an opening of the bars, just wide enough for a thin person to get through, the person had torn off a shirt-button, and we found Gordon's shirt had a button off just the same site and pattern as the one found.
ROBERT WHBKMAN . I am a wood-cutter, and work at a coal-shed. I know Flatt—he came to me on the 17th of June, and said he was going to break into a house where a lady kept one servant, and he wanted a crow-bar—he asked if it would be right to sell the plate at Monmouth-street—I made him no answer,
JOHN BLENMAN . I produce this gold pin which was pawned, at my master's shop on the 24th of June—neither of the prisoners brought it, but I saw Flatt and another of the prisoners down a yard—one of them had this pin cross-ways in a black-stock—the man who pawned it, said he merely wanted 1s. on it—I think it was Flatt had it, but I am sure he was with the other.
JOHN DONOVAN . I keep a shoe-shop in Monmouth-street. On the 22nd of June, Gordon came and offered to sell me these hoots—Flatt was with him—I refused to purchase them—I took notice of the boots—those produced are the boots.
HENRY MOREY . I was playing about ten o'clock on the 22nd of June, at the corner of Durham-street—I saw Lee running down Durham-street, with something in his lap—he went under the arches and shot something into a hole—I went to the hole and found this bread-basket—I am tore Lee went to that spot—it was about ten minutes from the time of his going and my going—I had seen him once before—he is a sweep.
HENRY SEABROOK . I was playing with Morey—I saw Lee run down Durham-street with something in his frock—he put something down—I went to the hole and found this bread-basket and the toast-rack, when he had been gone about five minutes.
WILLIAM TAYLOR . On Wednesday, the 23rd, I was cleaning my masfer's window, about three o'clock, and saw Flatt and Gordon—I went with them, and the next morning I went to Romford—I saw Flatt had got this pin—as we passed Coram-street, Flatt said, there had been a robbery there, and the plate was taken and sold in Monraouth-street, and the handkerchief was pawned in Whitechapel.
Flatt. I know nothing about it.
Lee's Defence. I was in bed on the night of the robbery—those who have come up have not spoken a word of truth.
FLATT.* Aged 18. Transported for Fifteen Years.
GORDON.* Aged 17.
LEE- NOT GUILTY .
2125. THOMAS LAWSON HENDERSON was indicted for stealing, on the 27th of June, at St. Andrew, Holborn, in the dwelling-house of James Willis Brooks, 1 coffee-pot, value.; and 2 spoons, value 5s. the goods of James Sheffield Brooks.
MR. PHILLIPS conducted the Prosecution.
SARAH SHERRY . I am in the service of James Willis Brooks. On the 27th of June, about five o'clock in the afternoon, I was in the area—I saw the prisoner at the pantry cupboard with this coffee-pot and three spoons in his hand, which I had seen safe that morning—I asked who he was, and what he was doing there—he said he was doing nothing—I shut the door, and by that means he was kept in—he put the coffee-pot down on the floor, and laid the spoons on the table, and begged of me to let him pan—he tried to get out—he got away from me after a struggle—his coat was torn—I followed, and he was taken—he is the person.
from the house, and a gentleman stopped him—I detained him and took him back to the pantry—he said nothing.
JAMES WILLIS BROOKS . This house in John-street, Bedford-row, is my dwelling-house—these things belong to my father, James Sheffield Brooks, who lives in the house—it is in the parish of St. Andrew, Holborn—this coffee-pot is worth 10l.
Prisoner's Defence. I had been walking all day—I went down to the kitchen—I asked the servant for a drop of water, and she seized me.
GUILTY .* Aged 19.— Transported for Ten Years.
2126. ELIZABETH MARTIN was indicted for stealing, on the 2nd of June, 2 pillow-cases, value 3s.; 1 towel, value 6d.; and 1 apron, value 1s.; the goods of the Governors of the General Penitentiary at Millbank, her master.—2nd COUNT, stating them to be the goods of Daniel Nihill.
MR. BODKIN. conducted the Prosecution.
ELIZABETH HILLARY . I am matron of the General Penitentiary, Millbank—the prisoner was there under sentence, 'and was discharged on the interference of the Governors in 1841—some employ was procured for her and she left it, having something the matter with her hand—she went to the hospital, and then we took her back to the Penitentiary as under cook. On the 2nd of June, in consequence of missing something, I told her I had lost something, and must search her drawers—I searched them, and found some towels wrapped up in a sleeve of her own night-gown—found two pillow cases, one had the mark picked out, but the stain of the letter still showed the mark—it was the property of the Penitentiary—found an apron and a towel, the towels belong to me, and the apron the Penitentiary—I have a letter I have received from her since she has been in custody—I know it is her handwriting.
Prisoner. Q. Did I not wash for you when you were ill? A. I never employed you—I did not know of her washing for me since Christmas—before then the was in my private service, but she has not been in my service since January—I was ill in February—these things do not require mending—the pillow case I had missed during my illness, and repeatedly made inquiries for it of the prisoner—she said she knew nothing of it—the mark it still on one of them.
COUIT. Q. Was she allowed to go out when she wanted? A. Yes—she was not searched—she might have taken these things out in her pocket—I did not give her these pillow-cases to wash at any time—she may tare washed towels for me, but that must have been before Christmas—I had nothing to do with the pillow-cases—they belong to the establishment—the drawers were locked in which these things were found, and the key was in her pocket.
GUILTY . Aged 22.— Transported for Seven Years.
(There was another indictment against the prisoner.)
JOHN BROWN . I am a labourer. On the 2nd of July I went with the Prisoner—I gave her 1s.—I had a purse which I put into my hat—it contuined 12 shillings—she got up—I laid about a minute after And missed my money—I got up and found her crawling in the grass, with the money.
in her hand—I did not have the money—she told me she would make it all right for the night and the morrow.
Prisoner. Q. When you were ill, who washed for you? A. I never saw you before—when you came to me I treated you with a glass of run and some dinner—I bought a nightcap of you for 6d.—I gave your husband 1s. 6d.
WILLIAM CANON . I saw the prisoner roll over the prosecutor and take something out of his hat—she came round the pond to me and said, "Young man, I have got his money—I will make all right"—I saw the silver in her hand.
Prisoner. They stripped me in the field, and they would not let me put my clothes on. Witness. You stripped yourself.
Prisoner's Defence. I never saw a farthing of his money; I had nothing but two penny-pieces in my hand; where is the shilling he says he gave me? they struck my hand.
GUILTY . Aged 33.— Confined Three Months.
WILLIAM COOK . I am a haymaker. I was in Little Stanmore on the 28th or 29th of June—I took my boots off at night and put them by my side—between one and two o'clock I was awoke—I saw the prisoner go round the hayrick with my boots in his hand—I did not speak to him then, but about a quarter of an hour after he came back I asked him for the boots—he said they were of no use to him, they were not half big enough—I then gave information—I have never found them since—I am sure I saw him go away with them.
Prisoner's Defence. I got up about two o'clock, and the prosecutor accused me of stealing the boots, and had me taken—I never saw them.
NOT GUILTY ,
CHARLES TOOL . I keep a lodging-house in George-street, St. Giles. The prisoner came to lodge with me—on the 3rd of July, in consequence of information, I followed her when she left the house—I said, "You have got something under your shawl"—she denied it, and as she was walking with me to find a policeman, she dropped the sheet.
Prisoner. They said neither of them could swear it was theirs. Witness. I said it was mine, it was taken from the bed the prisoner hired.
GUILTY . Aged 35.— Confined Three Months.
GEORGE ROBERT GALLAWAY . I live in Paul-street, Philip-street, Kingsland. These are brush patterns, which I use in my trade—the wood has not been found—the prisoner had been in my service, and left me on Saturday night, and I found this out on the Monday.
Prisoner. You said before the Magistrate, when he let me out on my
own recognizance, that the scales of these patterns I had given yon years ago. Witness. No, you did not.
Prisoner. Q. What did you say when the Magistrate would not hare any thing to do with it, that you knew nothing about the lead? A. certainly did, but I have looked over them again—I can swear to this one being my master's.
GEORGE ROBERT GALLAWAY re-examined. I accused the prisoner of having robbed me—he said he brought some wood of his own—the boy said it was not his, it was mine—I do not owe him any thing—t paid him on the Sunday morning.
Prisoner's Defence. I went on Sunday morning; he would not pay me; I had bored seven boards at his place; three of them were mine.
NOT GUILTY .
GUILTY. Aged 66.—Recommended to mercy. — Confined One Month.
ROBERT HUGH . I live at Mill-wall, Poplar. I saw the prisoner that day take a silk handkerchief down, pot it under his jacket, and give it to Michael Conroy to pawn—I told him he would get himself into trouble.
Prisoner. The money was spent in victuals among us all.
GUILTY . Aged 17.— Confined Ten Days, and Whipped.
ANN ALTON . I am an unfortunate, girl, and live in Duke-street, StGeorge. I have known the prisoner occasionally—I met him last Friday night in Ratcliffe-highway—I went into a public-house, and began dancing—he asked me to have something to drink—I had three half-crowns, two shillings, and one penny-piece, tied up in my handkerchief—in coming outside the door, he snatched it out of my hand, as I was speaking to another woman—he went along the Highway—I did not see him again till about eight o'clock on
Sunday evening—I asked him for the money—he said he did not have it—I am sure he had.
Prisoner. She gave me the handkerchief. Witness. No—I had it in my hand, rolled round—I had not been in the habit of giving him my money, or living with him.
JOSIAH LAPPETT ('police-constable K 284.) On the Sunday night I saw the prisoner and the prosecutrix—she said he took the handkerchief and money from her—he said he had not—I took him to the station—he then said he snatched the handkerchief from her, and threw it down, but be did Dot have the money—I found the handkerchief in his hat, and 5s., 6d., silver on him.
GUILTY . Aged 21.— Confined Nine Months.
CHARLES ALEXANDER . I live with Thomas Pryce Jones, a pawnbroker, in Tothill-street, Westminster. Last Saturday night, about half-past eleven o'clock, I was told something, and missed a gown that had been hanging up inside the shop—the prisoner was in the shop—I asked her about it—she said she had not seen it—I saw it fall down at her feet—I believe it dropped from under her shawl, but I do not know.
Prisoner. I never saw the gown till it was on the floor.
(The prisoner received a good character.)
GUILTY. Aged 23.—Recommended to mercy. — Confined Two Months,
ELIZABETH HILL . I am a widow, and live at Greenwich. About a quarter past eleven o'clock am the morning of the 4th of July I was in town, and met an old pensioner—I got from him four sovereigns and a half-sovereign—I put them into a little pocket-book, which is marked with my husband's name, "George Hill," and put the pocket-book into a little basket—I saw the prisoner and another man watching another" pensioner, who was with the one I received the money from—I felt rather alarmed—I particularly noticed the prisoner—I took the basket and money, and went into Mrs. Mussett's—I set my basket on a chair at the back of her shop—I am sure the prisoner was watching me—I had not been in a minute before he came in, threw a handkerchief over my basket, and ran out with it—Mrs. Mussett ran out—I followed, and saw him drop my basket between the barracks, after he got into the Tower.
Cross-examined by MR. PAYNE. Q. you saw another man as well as the prisoner? A. Yes, another man in company with him—this money was paid at the office on Tower-hill—I put the basket on Mrs. Mussett's chair at the other end of her shop, which is not very large—I saw the prisoner take it from the chair—I was very close to him—I could not lay hold of him—he was gone in a minute, and the other man too—Mrs. Musaett said, "O my God! that man has got the basket"—this money was
mine—the pensioner had paid me a debt be owed me—he boards and lodges with me.
Cross-examined. Q. Was there not another man? A. Yes, taller than the prisoner—I had never seen the prisoner before, but by his coming in in a particular manner I noticed him—he was there a very short time.
Cross-examined. Q. How near were you to him? A. About twelve yards, but I was nearer when he was collared in the Tower—I saw him stopped by the watchman—I swear I saw the basket drop—he was taken into the guard-room—I am a night watchman on the river.
Cross-examined. Q. Who was. in the guard-room A. Four guards and the corporal—the prisoner was not there then—he had been taken away—I suppose he had been in the guard-room half an hour.
GUILTY . Aged 35.— Transported for Seven Years.
GUILTY . Aged 25.— Confined Three Months.
2137. GEORGE NEWTON was indicted for stealing, on the 30th of June, 17 dozen of knee-boot buttons, value 2l.; 2 carriage-door steps, value 1s.; 3 staples, value 1s. 6d.; 2 buckles, value 6d.; 6 engraved brass plates, value 6d.; 7 brass rings, value 4d.; 2 pockets, value 1s.; 1d. weight of leather, value 2s.; 1 ball of twine, value 1s. 6d.; 34 yards of holland, value 23s.; 1 yard of waterproof cotton cloth, value 12s.; 85 3/4 yards of carriage lace, value 4l. 2s. 6d.; 2 1/2 gross of tufts, value 12s. 6d.; 51bs. weight of enabelled leather, value 10s.; and 8 1/2 yards of shalloon, value 12s. 9d.; the goods of George Palliser, his master.
GEORGE PALLISER . The prisoner was in my service—I thought it necessary to watch—I missed these seventeen dozen of buttons, and other things—I charged the prisoner with having taken them away—he said he had not—I took him into*the counting-house, and charged him again—he still
persisted he had not—I said to my son, "Go to his house, and search it and bring all that is there"—the prisoner then said, "They are not taken off your premises yet; I will tell you all about it"—he took me to the shop and pulled these articles out from under some shavings and hair—these are my property—these tufts were found at his house, and are also mine.
Prisoner's Defence. They were tied up with some trimmings, and sent home with some lining to my wife to make up.
GUILTY . Aged 39.— Transported for Seven Years.
(The prosecutor stated that the prisoner had been robbing him to the amount of 6l. or 8l. a week.)
2138. JOHN CURTAIN and EDWARD POTTER were indicted for stealing, on the 4th of July, 1 firkin, value 1s.; and 931bs. weight of butter, value 4l.; the goods of William Wooldridge.—2nd COUNT, stating them to be the goods of Thomas Strange.
THOMAS STRANGE . I am carter in the employ of William Wooldridge, a carrier. I had a firkin of butter, about 931bs. weight, in the evening of the 4th of July, in the tail of my cart—I put it on at the White Lion Cellar, Gracechurch-street—I missed it at the corner of Coventry-street, Piccadilly—I saw it at the office—it was the one I lost.
Cross-examined by MR. BALLANTINE. Q. Had you seen the contents of the tub? A. No—I know the firkin by the marks on it—there was only one in the cart.
COURT. Q. Can you tell this was a firkin of butter by the weight? A. Yes—I will swear the firkin I saw at the office was the same I had in my cart.
THOMAS RADCLIFFE . I live in Fleet-lane. I saw the two prisoners in Gracechurch-street on this evening—I watched them—about ten o'clock I saw them in Watling-street, near Bush-lane—I had been watching them two hours before ten—I had seen them try ladies' pockets, and traced them up and down the street—a carrier's cart was coming towards St. Paal's, and Potter, with his hand, pushed a chain up which encircled a cask and a chest—he tried again, but it was too heavy—they followed it on to St. Paul's, and tried again to get it off—they went on to Fleet-street—they tried again, but were not successful—they tried several times more in the Strand, and the cart turned up Newcastle-street, and they got the firkin at last at the corner of Lisle-street—they both went to the cart, and they each lifted it off the cart—that was the firkin I showed to the carter.
Cross-examined. Q. What are you? A. A constable of the Animals' Friend Society—I took the cask from the prisoners—it was put in a door-way.
CURTAIN**— GUILTY . Aged 22.— Transported for Seven Years.
POTTER— GUILTY . Aged 23.— Confined Nine Months.
THOMAS PEAT . I live in George-street, St. Pancras. I met the prisoner at a coffee-stall—I went with her, and left a bag and bundle, which I had, at the Orange-tree—I went to the corner, and she absconded with
the bag and bundle—I found her again on the Wednesday after—she told me to go home with her, and she would give me my property—I went, and saw ray bag there—the boots she had pledged—I had been intoxicated, but was not so then—I did not give them her.
Prisoner's Defence. The boots were in the bag; he told me to pledge them.
NOT GUILTY .
OLD COURT.—Thursday, July 7th,, 1842.
Second Jury, before Edward Bullock, Esq.
WILLIAM ROBERT JINKINS . I am a piano-forte-maker, and lire in London-street, Tottenham-court-road. On the 4th of July I was at the Regalia public-house in Augustus-street, Regent's-park, playing at skittles—I took off my coat, took my handkerchief and put it underneath the back of ray waistcoat—the prisoner was in the skittle-ground—in about two minutes I missed my handkerchief, and inquired for it among some friends who were there—I was searched by one of my friends, and the handkerchief not being found, I went out and brought in a policeman, when there was a general search, and the handkerchief was found inside the waistband of the prisoner's trowsers—he told me he did not know how it came there—he laughed at me—this is it—(produced)—I did not feel it taken from me.
GEORGE BEAN . I am waiter at the Regalia. On Monday, the 4th of July, there were some people playing at skittles—the prosecutor and prisoner were there—I saw the prosecutor, a few minutes before, with a handkerchief up his waistcoat—soon after that it was missed—we were all searched—I went to the prisoner, searched him once, and did not find it—I searched him again, and found it in the waistband of his trowsers—I asked him how it came there—he said he did not know.
WILLIAM CLARK (police-constable S 39.) I was called to the Regalia, and saw the handkerchief taken from the waistband of the prisoner's trowsers—he said nothing—he laughed about it—I asked him how he came by it there—he said he did not know.
Prisoner. When he asked me about it, I said I picked it up, which I did. Witness. He did not say so.
Prisoner's Defence. I picked it up from the ground—I did not laugh.
(The prisoner received a good character.) GUILTY of Stealing, but not from the Person.—Recommended to mercy. — Confined Three Months.
two others who are executors to a pawnbroker in North-place, Gray's Inn-road On the evening of the 5th of July I saw the two prisoners passing the window—I went to the door, and was spoken to by a person named Hollingsworth, and missed a pair of trowsers which had been hanging up about a yard inside the door—I saw the prisoners turn down Calthorpe-street—the boy ran away—I went towards the girl—she turned and ran in a different direction—I ran after her and caught her—she said she did not know the boy at all—the boy was afterwards brought by Hollingsworth—I got the trowsers afterwards—(produced)—they are the property of George Brown and others—I had seen them at the door about an hoar before.
George Smith. Q. At the office you said you had seen them a quarter of an hour before, and now you say it was an hour? A. I said about an hour before—I had occasion to take down another pair to show to a tradesman.
JOHN HOLLINGSWORTH . I am a butcher, and live in Upper North-place, Gray's Inn-road. On the evening of the 5th, between five and six o'clock, I saw the prisoners standing against Mr. Brown's shop about five minutes, and then saw them walk past the door—they walked on—I went and asked Bruce whether he had lost anything—I followed the boy—he ran away—I brought him back—I saw him throw the trowsers into an area—I did not see the girl do anything exactly, only pull her shawl to as she passed the shop.
WILLIAM HUNT . I am a baker, and live in North-place, Gray's Inn-road. Between five and six o'clock, on the evening of the 5th of July, I saw the two prisoners together within two doors of Mr. Brown's—they afterwards separated, and walked a little lower down—I saw the boy run and throw a pair of trowsers into the area—I got them up and gave them to Mr. Brown's young man.
George Smith's Defence. I was going by; the trowsers were lying by the side of the window, and I took them up; I know nothing of the girl; she was not with me.
GEORGE SMITH*— GUILTY . Aged 17.— Confined Three Months, and Whipped.
ELIZABETH SMITH— NOT GUILTY .
Before Mr. Baron Gurney.
2142. THOMAS ROBERTSON was indicted for a robbery on Edward Lee, on the 28th of June, putting him in fear, and taking from his person, and against his will, 1 watch, value 15l., his goods; and JOHNPATTERSON , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
MR. PHILLIPS conducted the Prosecution.
EDWARD LEE . I live in Bryanston-square. On Tuesday evening, the 28th of June, I was in Hyde-park about ten o'clock—as I was crossing the Park a soldier came up to me on the line between Kensington-bridge and Cumberland-gate, and accused me with interfering with him when he was with a girl—I denied any knowledge of him—I had not seen him, or any girl, or any thing of the kind—he laid hold of my coat—I tried to extricate myself from him, a tustle ensued, and I was thrown on the ground with violence—I had my watch in my waistcoat pocket, attached to a gold chain, which was round my neck—I got up, and a
second tustle ensued, when I liberated myself from him, and made my escape—shortly after that, on my way home, I found that my watch was gone—that was after I had left the Park—this is the chain to which it was attached—it was broken off, and the chain was hanging round my neck.
ANDREW CAMERON . I am a private in the Scotch Fusilier Guards. On Tuesday, the 28th, about twenty minutes past ten o'clock, or there—about, I was in bed in my barracks, in Portman-street, Portman-square, when Robertson came into my room—our barracks are from three to four or five hundred yards from Hyde-park—he seemed to be in a perspiration—be came up to the bed, and showed me a watch in his hand, and asked me what I thought of it—I told him I did not know what to think of it—I desired him to go to his bed, and he did—he showed it me again next morning—I observed it—it appeared to me to be a gold watch with a silver dial, and gold hands to it—I should know it again, I think—after I returned from the parade, I found Robertson confined in the black-hole—Patterson came up to the barrack-room, came up to Robertson's bed, and took the watch out of a hair cap—I said, "What are you doing there?"—he said, "I am to take care of Robertson's watch till he comes out of the black-hole"—he did this openly, so that anybody could see him—I did not ask Robertson how he came by the watch, and he did not tell me—I did not see Patterson take the watch out of the room—I saw it was him in the room—that might have been about eleven o'clock—I did not ask Robertson how he came to be so hot, or where he had been, nor how he got the watch—I had never seen him with one before—the watch which Patterson took from the hair cap was the same that Robertson had shown me.
WILLIAM DOUGLAS . I am corporal in the 1st battalion of Scotch Fusilier Guards. On Wednesday, the 29th of June, at half-past seven o'clock in the evening, I was on duty at Buckingham Palace—the prisoner Patterson was brought to me by a file of men—it is customary, when a man is brought into custody in that way, to take from him what he has about him—I ordered him to deliver to me what property he had about his person, and he delivered me a gold watch—I gave it to Sergeant Mills.
Patterson. Q. Did I tell you the reason why I gave myself up? A. He said that two of his comrades had been trying to take a watch from him, and he gave himself under charge of a non-commissioned officer in the Grenadier Guards, with a view of protecting the property.
JAMES MILLS . I am a sergeant of the 2nd battalion of Scotch Fusilier Guards. I saw Robertson on the night of Tuesday, the 28tb, in the barrack-room—Patterson was in bed at that time—when Robertson came into the room, he went up to Patterson, and said he had had a terrible fight since he had left him—that was about half-past ten o'clock—there was then some talk about skittles, and I did not hear any thing else.
Robertson. Q. When I came in, did I go to Patterson's bed or ray own? A. They are both close together—you went to the feet of both.
FRANCIS HUGH GEORGE SEYMOUR, ESQ . I am captain and adjutant of the 2nd battalion of the Scotch Fusilier Guards. On Thursday, the 30th of June, the prisoner Patterson was brought before me, on a charge of having a gold watch in his possession, which could not well be his own property—I cautioned him to tell me the exact truth, and entreated him not to stick to a falsehood, if it was one that he had before told on the subject of the
watch—he maintained that it was his own property, that a friend had given it to him a fortnight before—he mentioned the person's name, but I do not recollect it.
WILLIAM CUMMINO (police-sergeant D 3.) On Saturday week last about seven o'clock in the evening, I took Patterson into custody, and received this watch from Sergeant-major M'Gregor—it is the same that was produced before Captain Seymour—I was present when this charge was investigated before the Magistrate, and heard Robertson asked if he had any thing to say—I heard him say something, and saw the clerk take it down in writing—it was read over to him, and was signed by the Magistrate—I saw the Magistrate writing—on its being read over, the prisoner said, "That is what I have stated," or words to that effect—I am not aware that he was asked to sign it—(read)—"The prisoner Robertson says, 'I came in about twenty minutes past ten o'clock, and deny that I said any thing about having had a fight—I found the watch at Hyde Parkcorner gate.' E. H. Maltby."
MR. LEE re-examined. This is my watch, which I had on my person on the night in question—it cost me forty guineas, some years ago. Robertson's Defence. I am not guilty.
Patterson's Defence. I was not aware it was stolen.
(Captain Seymour gave both prisoners good characters.)
ROBERTSON— GUILTY . Aged 25.— Transported for Fifteen Years. PATTERSON— NOT GUILTY .
Fourth Jury, before Mr. Recorder.
NOT GUILTY .
NEW COURT.—Thursday, July 7th, 1842.
First Jury, before Mr. Common Sergeant.
2144. CHARLES KELLOW was indicted , for that he being in the dwelling-house of Jonathan Hazell, about the hour of twelve in the night of—at St. Mary, Islington, feloniously did steal 2 watches, value 4l.; 2 seals, value 8s.; 1 watch-key, value 2s.; 1 split ring, value 2s.; 1 box, value 1s.; 5 sovereigns, 2 half-sovereigns, 20 pence and 56 halfpence; the property of the said Jonathan Hazell; and afterwards, about the said boor of twelve in the night of the same day, feloniously and burglariously did break out of said dwelling-house: to which he pleaded GUILTY .
(Mr. Wittock, draughtsman, of Richard-street, Islington, gave the prisoner a good character.)
Transported for Ten Years.—Recommended to the Penitentiary .
MESSRS. BODKIN and DOANE conducted the Prosecution.
shop for 1d. bottle of ginger-beer—he gave me a good half-crown—I gave him two good shillings and some halfpence—he gave me a bad shilling back, and said I had given it him—it was not one that I had given him, I am sure—it was very black to the one I had given him—I said I did not give it him—at that time Jones was pushed into the shop—a policeman was sent for, and I gave them both in charge—Jones asked for a bottle of ginger-beer—I gave the bad shilling which I got from Poston, to the officer.
Poston. Q. Are you sure both the shillings you gave me were good? A. Yes, I bad nothing but good money in my pocket—I swear I gave you two good shillings.
RICHARD HENRY TYAS . I am a jeweller. On the 3rd of June I was in St. John Street-road—for some reasons I watched the two prisoners—I saw them together—they went to Duke-street, Smithfield—then Poston went into a circulating library—he came out, and went into Mrs. Palmer's—Jones was sitting on the steps of a door opposite—I observed something in the. shop—Jones had then got on the settle at Mrs. Palmer's, and I pushed him into the shop—I said, "Here is one of his companions"—Poston was struggling with Mrs. Palmer, and knocked something out of her hand—I saw Jones swallow something—Poston said, "Is it all right?"—Jones said, "Yes"—Jones wanted a bottle of ginger-beer—I laid, "You shall not have any here"—Poston had two good shillings and a half-crown—he gave them to me, and I gave them back to him—he put the two good shillings into his month, made a stoop, and they were gone.
Jones. Q.. How far was I standing from Mrs. Palmer? A. You were sitting at a private house step—when you found there were two or three persons about, you went to the door.
SERGEANT HARRIS (City police-constable, No. 221.) I went into the shop, and received the prisoners, and this shilling, from Mrs. Palmer—Jones afterwards said he had met Poston, but had never seen him before—I found a good half-crown on Poston, but no shillings—the prisoners were taken to Guildhall, and discharged on the 4th.
RICHARD WATTS . On the 14th of June the prisoners came to my house together—Jones asked for a pint of porter, and gave me a bad half-crown—I said it was bad, and Poston offered to pay a good sixpence for it—I went to the door to look for an officer—Poston ran out at the back of the house, and said he was going home—he was trying to get over the pales—I pulled him back—I had seen them together more than once before—I gave the half-crown to Brett.
Jones. I deny saying such a word; he said, "Have you any more money?" I said I had no more money about me; this half-crown I took of a man in the skittle-ground. Witness. He said to Poston, "We can't expect to get scot-free every time."
Jones's Defence. I met Poston; "he came by this fruit-shop; he asked if I would have a bottle of ginger-beer; I said, "No;" I went to wait for him, and this man came and pushed me in; after some time I saw Poston again in the Vauxhall-road; I had been playing at skittles, and won
1s. 6d. of a man; I gave him 1s., and he gave me the half-crown; I asked him to have something to drink; I did not know it was bad.
POSTON— GUILTY . Aged 21. JONES— GUILTY . Aged 22.†
Confined Nine Months.
MESSRS. DOANE and LUCAS conducted the Prosecution.
WILLIAM SMITH . I am a beer-seller, living at Clapton. On the 4th of June the prisoners were in my ground playing at skittles with me—they gave me a shilling for the beer—I put it into my pocket, and then I received a second—I gave that to get change—the boy brought it back, and said it was bad—I gave it to Townley—he put his hand into his pocket, pulled out one more shilling, and said it was a good one—I gave that to get change—they brought it back, and could not get change, as that was bad—I bit a piece off it, and kept it in my hand—two of the shillings the policeman had, and for the other they gave me a shilling's-worth of half-pence between them—I do not know what became of that shilling—I believe it has been found—I got the key and fastened them in the ground—I sent for a policeman, and stood in front of my house till he came—I gave them in charge, with the shillings.
Benstead. I wish to have his deposition read—(the deposition being read, agreed with the witness's evidence.)
MARY RAMSDALE . I am the wife of Michael Ramsdale, a toy-dealer, at Clapton. William Lewin brought a shilling to me on the 4th of June—it was a very bad one—I put it into a drawer, and gave it to Mr. Smith—in about a quarter of an hour after, Samuel Lewin came with a had shilling, and placed it on the counter—I did not take it—my husband told him it was a counterfeit, and he took it back.
Benstead. You kept the first shilling. Witness. I was going back with it, and met Mr. Smith at the door—I gave him the same shilling.
JAMES PRYOR . I am a labourer, living at Stanstead. I was in the skittle-ground with the two prisoners when Mr. Smith locked the ground—he locked me and the prisoners in—Townley bit a shilling in two, and flung it to the end of the skittle-ground, and said, "That is all the money I have got, and it is of no use"—I saw a shilling and half-crown in Townley's hand—I picked up the two pieces—the policeman has got them.
RICHARD HAWKES . (police-sergeant N 6.) On the 4th of Jane, I was sent for to the skittle-ground—I took the prisoners, searched them, and found nothing on Townley—on Benstead I found a good sixpence, and a penny—they said they had nothing about them—Mr. Smith gave me a shilling when I went first, and then a person said there was a young man in the skittle-ground who knew where a shilling was thrown—he then went and picked up these two pieces—I had before asked the prisoners where the other shilling was—they said they did not know—the
next day I went to Mr. Smith's, and found a half-crown and a shilling which had been found in the pail in the skittle-ground.
REBECCA SMITH . I am the wife of William Smith. On the 6th of June, I found a half-crown, and a bad shilling in a pail—I gave them to a policeman—the pail of dirty water had been in the ground all day and all night.
Benstead Q. Were there many persons in the ground that day? A. Yes—I cannot say whether there were more than usual, as they go in the back way.
Townley's Defence. I called for a pint of beer; I drank it in the tap-room; Mr. Smith proposed a game at skittles; we began playing; I had only one shilling in my pocket; we played three games, and I lost one pot; I gave him a shilling; he brought me 7 1/2 d.
Benstead's Defence. We played till we lost three games; I lost one pot, and the prosecutor lost one; I said, "I will play no more; here is 6d. to pay for my pot;" they played on till about five o'clock, and then the prosecutor said, "I have taken a bad shilling from some one in the ground;" a person who is a noted character said, "Do you think it is me?" he said, "No, it is one of these young men;" I said, "It is not likely to be me, when I only gave you a sixpence;" he gave Townley in charge, and then the officer came to me, and said, "Have you any bad money?" I said, "I do not know"—he found on me 6 1/2 d
TOWNLEY— GUILTY . Aged 26.
Confined Nine Months.
BENSTEAD— GUILTY . Aged 25.
NOT GUILTY .
MESSRS. DOANE and LUCAS conducted the Prosecution.
JOHN WATTS . I am a cooper, living in Shoe-lane. On the 25th of Jane, the prisoner came to my shop, and asked for a brush—she paid me a bad five-shilling piece—I kept it separate from other money—I gave it to the policeman, and described the prisoner.
ROBERT MAKINGS . I am assistant to Mr. Clow. On the 25th of June, the prisoner came into the shop, and asked for some lace, and other things—she offered a bad five-shilling piece—I gave it to my master—she offered to go out of the shop—my master stopped her, and gave her in charge—the crown piece was given back to her.
JOSEPH CLOW . I received a crown piece from Makings—I told the prisoner I was surprised she should pass such a bad piece as that—she said she had got no more—I said, "As the things are cut off, you must leave something"—she said she had nothing, and I stopped her—she said she had not got a farthing about her.
walk behind her—she said, "Let me have my right hand, I want give the child the breast"—I said, "No, I won't"—immediately after that I saw her drop something from under her arm, and I saw Monday pick it up,
GUILTY. Aged 26.— Confined Six Months.
ELIZA GREENAWAY . I am the wife of James Greenaway. Between eight and nine o'clock in the morning of the 11th of June, the prisoner came into ray shop for half-a-quartern loaf—she gave me half-a-crown—I gave her change, put the half-crown by itself, and gave it to my husband about a quarter of an hour after.
Prisoner. Q. Did you not put it into the till? A. Yes, but I had no money there—you stopped in my shop about two minutes—I had never seen you before—I know you by your gown and face.
Prisoner. Q. When your wife gave it you, did she say she should know the person? A. Yes.
Prisoner. Q. Was there not a mob round you? A. There were only two persons—no one took it out of my hand.
Prisoner. I did not pass the first one.
GUILTY.* Aged 20.— Confined One Year.
WILLIAM RYDER . I live in Orme-square, Bayswater. At half-past seven o'clock, in the evening of the 5th of July, I came home—my table was laid for an evening party, and the prisoner was in my dining-room, at the end of the table, in the act of placing some plate in a pocket-handkerchief—immediately on seeing me he bolted out of the window—I ran after him—I saw him go by a hedge—I picked up these three memorandum-books close by where he passed—he left the plate and handkerchief in my room—I lost sight of him for a moment, but am sure be is the person.
GUILTY . Aged 14.— Confined Nine Months.
2151. JOHN BARTHROP was indicted for burglariously breaking and entering the dwelling-house of Thomas Baldwin Howard, about the hoar of nine in the night of the 9th of June, with intent to steal and stealing therein 13 spoons, value 6l. 10s.; 1 pair of sugar-tongs, value 1l. 10s.; 1 pair of spectacles, value 1l. 10s.; 1 shawl, value 2l.; and 2 boxes, value 8s.; his goods.
MR. PAYNE conducted the Prosecution.
MART ANN HOWARD . I am the wife of Thomas Baldwin Howard—he keeps the Blue Anchor, Mile End Road. On the 9th of June I went up to my own bed-room, on the first-floor, about four o'clock in the afternoon—on the same landing, and opposite to my bed-room, is a room to which company resort—I remained in my bed-room till a few minutes after nine—I had two children with me—I put them to bed at half-past eight—I made the bed at that time, and there was no pipe upon it—I had the articles stated in a drawer in that room—I left them safe, and the drawer shut—I shut the room-door after me—I went down, and when I had been down about ten minutes I saw the prisoner in front of the bar—I looked at the clock when I went down, and it was five minutes past nine—when I saw the prisoner he was going towards the staircase, and he had a pipe in hit hand, twisting it about—I told him there was no one up stairs—that was the fact, as they had all come down when I did—the prisoner stood with his right hand on the staircase—I did not see him again for about three-quarters of an hour, when he came from the back-door to the parlour-door, which was in a direction from the stairs—he said, "Good night; I shall not stop now;. I am going home to go to bed"—he went out at the front-door—in about ten minutes I went up stairs to get change—I found the door was shut, but the drawer was wide open—I missed from it the work-box which had contained the articles, and a China-crape shawl—I went afterwards, in consequence of something that was said to me, to the stable, and in one of the stalls I found the partition of the work-box, and the tray of it was all broken—I went to the privy, and saw the work-box down the well—it was brought up afterwards—I had seen it safe in my room in the afternoon, and I did not leave the room at all till I went down stairs at past nine—the value of all the articles lost was 12l.—I found my husband in the parlour when I went down at past nine, and he remained there till I went up—I gave information to the police the same night—we have only been in the house nine weeks—I first saw the prisoner about a fortnight after we got there, and he has been in the habit of coming two or three times a-week, or it might be oftener—the next morning my little boy brought me a tobacco-pipe—next morning the prisoner came to the bar, and said he had heard that I had accused him of robbery—I said we had—he said he should wish it cleared up—I said that was my intention—I went to the door, and saw a policeman, and gave him in charge—I asked why he had said the night before that he was going home—he said he had met a female, and went down Whitechapel-road with her, as far as the Red Lion; that he neither knew who she was, nor where she lived.
Cross-examined by MR. BALLANTINE. Q. Did you think it very extraordinary that he should walk with a female? A. No—it was about five
minutes past nine when I came down stairs, and in about ten minutes I saw the prisoner—I had been in the club-room up stairs before I came down—there were five persons in the club-room then, and my sister had been with them—I had been in the bed-room, and I am sure, when I was there, the drawer was shut—I could not make the bed unless it was shut—I had not made the bed till half-past eight o'clock—I am sure the door was closed when I left the room—the prisoner was in the habit of frequenting the house—he had been there the night before, and had been in the parlour—he did not remain till five o'clock; it was not four when he left—he was in the room the whole time—he was drinking—I cannot say whether he was smoking.
Q. Does the place through which you saw the prisoner pass, on the night of the robbery, lead anywhere else besides up stairs? A. Yes, to the the parlour and the yard—a person coming down stairs might get into the yard without passing the place where I was—it was George Carpenter, our man, who gave me the first information which led me to suspect the prisoner—about ten o'clock that night, which was about ten minutes after I last saw the prisoner, Carpenter told me he had seen the prisoner in the stable and in the water-closet—I cannot tell from what direction Carpenter came when he told me this—he came to the bar and told my husband—I had gone up stairs before that—I went up about ten—I came down and told my husband that the box was gone, and then Carpenter told me this—Carpenter has been in our service a month—my husband took him from the recommendation of a person he had known for years—I do not know whether it was a written recommendation.
Q. Has Carpenter committed any act of dishonesty since this? A. He has been charged with drunkenness—there were some spirits found in the kitchen—I suppose they were ours—I have not the least doubt that they were—I did not swear that they were—I believe they were—he had no right to take them that I know of—the spirits had no right to be in the kitchen—he was entrusted in the cellar—I do not know-that he stole these spirits out of the cellar—I cannot say that he stole them—they were found in the kitchen—I do not authorise my servants to take them out of the cellar into the kitchen, and they have no right to do it—if a person takes them, and brings them into the kitchen, it is stealing, if you like to call it so.
Q. Have you not called it so? A. I said the spirits were found in the kitchen—I might have said that they were stolen—I might have said that I would have charged and prosecuted Carpenter, if it would not haw prevented his coming as a witness here—he is not in our service now—my husband turned him away—I do not know whether it was for getting drunk or stealing the spirits.
MR. PAYNE. Q. You found Carpenter drunk? A. Yes, and some spirits in the kitchen; some were in a yellow jug, and some in a bottle—I went before the Magistrate, and said I thought he must have taken them improperly from the cellar.
THOMAS BALDWIN HOWARD . I am the witness's husband. On the night of the robbery my wife came down between nine and ten o'clock—I was sitting in the parlour—I afterwards sent her up stairs for change for a seaman's note—I remained in the parlour—I saw the prisoner at the door between six and seven that evening, and I served him with some porter and a pipe—there were four or five other persons with me in the parlour—
none of them left the parlour from the time my wife came down till I sent her up.
Cross-examined. Q. Have you turned away your pot-man? A. Yes, forgetting drunk, not for dishonesty—I did not suspect him of dishonesty—I considered him honest as far as I know—I heard of some spirits being taken out of my cellar, and taken into my kitchen—I do not call that honesty—I do not know who did it—I suspected Carpenter of getting drunk one day last week—he was charged before that with getting drunk—he was not charged with stealing the liquor—I do not know that he got drank with my spirits—we close our house at twelve at night.
Q. Anything like keeping it up till four o'clock would be out of the question? A. Yes—we did so one night—that was the night before this robbery—as a young man was going to sea he had his mother and family there, and some of my friends were there also.
GEORGE CARPENTER . On the 9th of Jane I was potman to Mr. Howard. I came in that night about a quarter after nine o'clock—I had occasion soon after that to go to the stable in the yard—it was dark—I heard something of a hustling in the stable—I hallooed out, "Who is here?" and the prisoner answered—(I knew it was him by his voice)—he begged my pardon, he said he did not know where the water-closet was, and he was doing his occasion there—I said it was granted—I then commenced shutting up outside—I removed a table, and two horse-troughs, and a tub, round to the back part of the house, and placed them against the stable door—no one could get out that way after I had put those things there—I then came round to the front of the house, and went in—I did not see the prisoner there—I then went to the stable, and went in, and called out, "Are you coming out?"—I got no answer—I then went to the bar, and got a light, and looked round the stable—I could not find him—I then went to the water-closet door, and that was fast—I went in before the bar again, and sat about ten minutes—I then went out again, and knocked at the water-closet door—I said, "Halloo, are you gone to sleep?"—the prisoner answered, yes, he had, and he came out, and said he was going home—he went through the house, and said, "Good night"—in about ten minutes after he was gone, I heard of the loss, and I then told Mrs. Howard what I had observed—I went with her into the stable and the privy, and found a box down the privy—no one went from the house to the yard between the time when the prisoner went away and my finding the box down the privy, and no one could have got out of the door while the troughs were against it—I had known the prisoner about a week before.
Cross-examined. Q. Where had you been before you heard the prisoner of the stable? A. I had been out for two hours—I had to go down to Ratcliffe to buy a pair of boots—I take it Ratcliffe is about a male from Mr. Howard's—I bought the boots at a shop down Ratcliffe—I never was there before—I do not know the people, nor they me—I went straight to the shop, and bought them, and then I was walking home, I went into a house, and had a pint of beer and a pipe of tobacco—I think it was the Ship, at Stepney—it was in my way home—I might have stopped there half-an-hour—I then went straight home with the half-boots I had bought—a young man, named Lynn Allmer, was with me—he did not go into my master's house, only to the door—we started together, and came back together—he went to the Ship with me—I gave my mistress information, and told her my suspicions about the prisoner directly she came down—I
did not know then that the box was in the privy—I am not in their employment now—I do not know how they came to part with me—they accused me of being drunk—they did not accuse me of stealing—I should say it would have been most unfounded if they had—I know my master's cellar—I remember my master and mistress being out one day—I was sent down to the cellar by my mistress's mother—I was not sent down for spirits, and I brought none out—that I swear—I brought no spirits at all, except some inside of me, which I drank in the cellar—I do not know that there were some spirits found in the kitchen—I have heard so—I was not charged with bringing them there—I have never heard that I was charged with stealing them, nor that I should have been prosecuted for the felony if I had not been required as a witness here—I do not know what were the spirits that were found in the kitchen—there was no proof of my bringing them into the kitchen—I have not heard my mistress say that she would have prosecuted me—they sent me to the station for getting drunk—I was released the next morning—there was no charge made against me—I placed the two horse-troughs and other things against the stable door—that is the place where they are generally kept at night, but they are used outside in the day—they are placed at the stable door every night—there is a butt in the yard—a person getting on that could not get out of the stable—there is a roof to the stable—there is no opening to the stable, except the door.
NOT GUILTY .
BROWN— GUILTY . Aged 46. MORLEY— GUILTY . Aged 19. Confined One Year.
Before Edward Bullock, Esq.
ANN ROSS . I am a widow, and live in Three Compass-court, Glass-house-street, Rosemary-lane. The prisoner has been lodging in my house ten months—I have known her two years off and on—four months ago I told her to go out and get 5s. or 6s. on my bed—she got 8s. and bought a petticoat out of it, and said she would pay me on Saturday, but she never did—she brought me back this ticket for it—I went to Mr. Fleming's shop with it to pay off part of the money, and from something I learned there I spoke to the prisoner about it—she told me to ask Margaret about the bed—she is a young woman who was stopping in my house—I told her I should look to her for the bed, as it was she I sent to pledge it—I spoke to her twice about it—she said, if she had a little time she would get me the bed as soon as she got some money from the country—that it was not sold, but a lady had lent her 5s. upon it—I gave her in charge.
JOSEPH BURTON . I am foreman to Mr. Fleming, a pawnbroker, in Whitechapel. About the 29th of March, the prisoner came to our shop and said she had lost the ticket of a bed which she had pledged for 8s. and asked me to give her a declaration for it—I ordered one to be given to her, with the counterpart of the ticket attached to it—I showed the prisoner
the bed, asked her if it was her own and the bed she meant—she said it was—she afterwards came to the shop again with Catherine Driscoll and produced the declaration—I would not show the bed then, and they went away—the bed was taken out last Monday week.
CATHERINE DRISCOLL . I am the wife of Michael Driscoll. I have known the prisoner twelve months—she came and asked if I would buy the ticket of a feather bed—I said, work was very slack at present, but if the looked in next week I would see—she came next week and told me she had lost the ticket, but here was an affidavit she had made, that she had gone to Lambeth-street and got it—we went some time after to the pawnbroker's to see the bed—they would not let us see it unless we released it—we bad not money enough to do so—we came out—I gave her 5s. for the affidavit, and I got the bed in a month after.
Prisoner. I told you the bed was not mine; it was my aunt's. Witness. Never a word about it—I was not going to buy another person's property.
JAMES SHIELD . I am usher to the Police-court, Lambeth. Mr. Thomas Henry is one of the Magistrates of that court—I know his handwriting—this signature on the declaration is his—the name of Ann Burting, in the corner, is in my handwriting—it is a declaration given oat to a party who bat lost a duplicate—it was made at Lambeth-street Police-office on the 29th of March—I do not know to whom it was delivered—the person who brought it must have declared the contents of it to be true—I always ask that before it is delivered to the Magistrate to be signed—(declaration read.)
Prisoner's Defence. I owed 7s. 6d., and the person said he would summon me; I asked Mrs. Ross for 5s., and the bed, and I pledged it for 8s.; I told Mrs. Driscoll that my aunt had a bed in pawn for 8s. I did not think she would ever release it; if she would give me 5s. for the duplicate, she might get it back again; I said I would make an affidavit; she said if I did, she would take the bed out; I got it, and she released it; they have sworn they do not know me; Mrs. Driscoll has known me fire years, and Mrs. Ross three years.
GUILTY . Aged 23.— Confined One Month.
Before Mr. Common Sergeant.
GUILTY . Aged 32.— Confined Nine Months.
2155. JOHN BROWN and JOHN BARTLEY were indicted for stealing 1 bag and some bread, value 5d., the goods of William Clarkson: and 1 handkerchief, some bread and cheese, and pork, value 8d., the goods of James Adams; to which they pleaded
GUILTY.— Confined Six Days.
Before Mr. Justice Williams.
GUILTY . Aged 19.— Transported for Life.
Before Mr. Baron Gurney.
2157. ELLEN HUTCHINS was indicted for feloniously assaulting Margaret Eleanor Bodle, on the 29th of June, and stabbing, cutting, and wounding her, in and upon the back, with intent to do her some grievous bodily harm.
MARGARET ELEANOR BODLE . I am the wife of Charles Bodle, and live in Fisher's-lane, Greenwich. About eleven o'clock on the 29th of June, I was in a passage, to which my door leads—the prisoner's house is in this entry—she came out with a poker in her hand, and struck roe with it between the shoulders, in the back—I followed her to take it from her—I struggled with her in her own room, and while struggling for it, the presented a knife, and stabbed me with it in the back—I had had no quarrel with her before.
Prisoner. She came in and beat me in my own room. Witness. No, not till she struck me, when I tried to get the poker from her—I did not go into her room till after she struck me.
THOMAS OAK MITCHELL . I am a surgeon. I was called to attend the prosecutrix—I found an incised wound about the middle of the back, in a line with the spine—it was about an inch and a half in length, and a quarter of an inch deep—it is quite well now—it appeared to be given by a sharp blow with rather a blunt knife—the spine was inflamed—the spine prevented the wound being deeper—it could not have been given by the poker—there were some marks of bruises besides, but rather slight—I do not know whether the inflammation proceeded from the blows with the poker.
EDWARD VINCENT (police-constable R 181.) I was called into the prisoner's room—I saw the prosecutrix and her struggling on the bed—as soon as they were extricated, the prosecutrix complained that she had received several violent blows from a poker, which poker was on the bed—the prisoner was very drunk—I took her.
Prisoner. Q. Did you find a knife in my place? A. No.
LOUISA CATLYN . I was with the prosecutrix when the prisoner came out—she struck her with a poker—she turned round to get it away from her, and followed her, and they were struggling a long time, when the prisoner took up a knife to stab her—I heard the prosecutrix complain of being stabbed—I slept with her, and when she was undressed I saw all the blood down her back—I went out with the policeman—I do not know what became of the knife.
Prisoner's Defence. The prosecutrix came in—I was gone to bed—she and I had a few words—she struck me—when I came here I was all over black.
GUILTY of an Assault. Aged 37.— Confined Twelve Months.
Before Edward Bullock, Esq.
Before Mr. Common Sergeant:
Cross-examined by MR. DOANE. Q. Was this in consequence of a fire at your house? A. Yes; the chimney was on fire, and Mrs. Wilton was sent for—she carries on the business of a sweep—the prisoner brought the bill for it on the Saturday, and I saw him paid.
SARAH WILSON . The prisoner is my servant; it is his duty to pay me money the same day as he receives it. On the 18th of June I sent him to Mr. Pickering with a bill—he only paid me 4s. of it—it was his duty to give me 8s., if he received it—on the 2nd of April I tent him to Hart for 10s., but he only paid me 8s. of it—he ought to have paid me in full.
Cross-examined. Q. Did not he tell you he had lost the 8s.? A. Yes—that was Mr. Pickering's money he had lost—I remember the fire at Mr. Loat's—I never had the 10s—I was not in liquor at the time—I never get in liquor—that I swear—I will not swear I never was drunk, but I was not drank when he brought me the money—my husband's name is William Edward Wilson—he it in prison for a misdemeanor, at Guildford—he has been there a year and ten months—he is to be there two years altogether—the prisoner did not tell me, when he came from the fire, that the men were always allowed 2s—he had 2s. 6d., a week and his victuals—16s. 6d. was due to him, but he told me to leave it till there was 1l.—I did not ask him, the morning after this happened, how much money he had paid me—I cannot recollect when I first asked him about this—it might be a week after—another boy went with the prisoner to Mr. Pickering's—I did not send them—the prisoner always wrote my bills for me—other persons went to Mr. Loat's besides the prisoner—I only sent the prisoner, but others went—they were not promised something extra for going to put the fire out—it is allowed where they do it, but not from my bill—he told me he had received 8s.—he said they could not give any more—he did not say he would not give more than 8s., and keep back 2s. for himself—they did not say my husband always allowed them 2s., nor that they were allowed extra—I cannot read nor write—the prisoner made out the bill.
NOT GUILTY .
value 1s.; and 1 1/2 yard of canvas, value 6d.: the goods of Henry Syrett, her master.
HENRY SYRETT . I live in York-road. The prisoner was in my service a year and five months—the property produced is mine—it was not missed—she was not in my service at the time it was found—I got it from Mr. Leighton's house.
Prisoner. When I was in your service I found the ring.
Prisoner's Defence. It is the first crime I ever did in my life; the ring I found down in the yard; it was broken; I had had it three months, and was never asked for it; I thought it was of no use; I always got my living honestly.
GUILTY .—Recommended to mercy.— Confined Two Months. (There was another indictment against the prisoner.)
Before Edward Bullock, Esq.
FREDERICK JOHN GRIFFITHS . I am a professor of music. On Tuesday evening, the 5th of July, about twelve o'clock, I was going along the Borough, and in Blackman-street was accosted by the prisoner—she came and caught hold of my arm, and asked me to give her some money—I took my purse out, gave her 1s., and put my purse back into my left-hand pocket—I then walked on with her—she kept clinging hold of my arm for some distance—about two minutes after I put my hand again into my pocket, (I do not know what impulse of the moment induced me to do so,) and found my purse was gone—I walked on some twenty or thirty yards further, and met a policeman—I did not make any complaint till I saw him; I then gave her into custody—I saw my purse afterwards—it was picked up about a yard from where I charged her.
Prisoner. I met the gentleman; he gave me two glasses of gin, brought me back again to Blackman-street, and took me to a stable-yard; all I had was 1s. for going up the yard. Witness. I deny it altogether—I am positive she took my purse from me—there was no one else near.
ROBERT CLARK (police-constable M 67.) About half-past twelve o'clock I was walking up Blackman-street—the prisoner and prosecutor both came up to me together—he said, "I give this girl in charge for robbring me of a purse and its contents, a sovereign and some silver"—I took the prisoner—the moment I did so, the man she lives with came up and began to jostle us—I said to the prosecutor, "The purse is here somewhere, I know"—she kept making signs to the kennel—I turned my lamp round, three females came up, and said, "Here is the purse"—I picked it up about a yard from where I took her into custody, and asked the prosecutor if it was his purse—he said it was—this is it—the prosecutor was quite sober.
MR. GRIFFITHS re-examined. This is my purse—I can swear to it—there was some loose silver and a sovereign of William IV. coinage in it,
which I swore to at Union-hall—the prisoner stated that I went into a house with her, which I totally deny.
Prisoner. Yes, you did, you took me in and gate me something. Witness. I stood talking to her at the entrance of a stable gate, but never went up it with her—she is quite a stranger—she accosted me and requested alms.
GUILTY . Aged 26.— Confined Six Months.
JOSEPH LUTENOR . I live in Pitt-street, Old Kent-road; the prisoner is a cooper and lodged in the same room with me—I have missed money for the last two months—on Saturday morning I missed some—on Tuesday night, in consequence of suspicion, the landlord marked three shillings in my presence—I put it into my trowsers pocket—the prisoner and I went up stairs together and went to bed—I put my trowsers on a chair at the foot of his bed—at five o'clock in the morning I awoke, when I heard him up—he was partly dressed—I got up immediately and put on my clothes and went down stairs—I searched my pocket before I went down and missed a marked shilling—I told the landlord—the prisoner went out of the house—Hollowed him and gave him in charge of a policeman—he was searched in my presence and one marked shilling was found upon him—I am quite me I had put that into my pocket the evening before.
Prisoner. Q. How came you to suspect such a thing? did you ever find any of the clothes moved or disturbed in any way? A. Yes—sometimes I did—the shillings were missed several nights before they were marked—I had marked money in my pocket too, but you happened to take it out of my purse.
BENJAMIN PARSONS. I am a policeman. I took the prisoner into custody yesterday morning at half-past five o'clock—I asked if he had got any money about him—he said 7s. 6d. and 2 1/2 d.—I asked him to let me look at it—I had seen one of the marked shillings which the prosecutor showed me before—directly he saw this he said, "This is my shilling"—I took it from the prisoner—he said he knew nothing at all about it—this is the same shilling—the others he showed me before were similar to this one.
Prisoner. You said you took it from my person—I gave it you willingly out of my hand. Witness. You pulled it out of your waistcoat pocket and gave it to me after you were charged.
Prisoner's Defence. I came by it honestly—I worked hard for it—it was paid to me on Saturday night for wages, and was never in his possession.
GUILTY . Aged 33.— Confined Six Months.
2163. MARY HICKEY was indicted for stealing, on the 17th of June, 4 sheets, value 5s.; 1 pillow-case, value 6d.; 1 shift, value 1s. 6d.; and 1 pair of stockings, value 6d.; the goods of the guardians of the poor of St. Olave's Union: and CATHARINE LEARY , for feloniously receiving the same, well knowing them to have been stolen.
MR. PRENDEROAST conducted the Prosecution.
Olave's, Southwark—Hickey was an inmate there, and employed as a nurse—in consequence of information, I went to Leary's house in Fair-street, with Mr. Rosier, on Saturday week last—there I found three sheets, a shift, and a pair of stockings, the property of the Union—the marks were cut out of the sheets, the shifts and stockings were marked—Hickey was apprehended in the workhouse—the prisoners are sisters—Leary said the sheets which Mr. Rosier refused to take were given to her by her sister when they were together in my room at the time, and Leary said to her sister, "You gave them to me"—Hickey said, "I know I did"—Hickey being a nurse, would have access to these articles.
JOSEPH MUNWICK ROSIER . I am a pawnbroker in Tooley-street. On the 18th of June, Leary came to my place with this sheet—observing the marks of the Union on it, I detained it, and gave notice to the matter of the workhouse—I told the prisoner it was the property of the Union, and she had no right to it—on the 27th, she came again, and offered this pillowcase, which had got the mark faintly on it—the mark has been cut out and here is an impression remaining—I detained the pillow-case—I afterwards went to her house and found the other articles in her box—she said the sheets had been given to her by her sister, and her sister said, "I gave them to her."
Hickey's Defence. Last November I was discharged and had the shifts and stockings—I remained out five weeks—when I went in again, I left the things at my sister's—I did take the sheets—I had no place to put my head in.
(The prisoners received a good character.)
HICKEY— GUILTY . Aged 22.— Confined One Month. LEARY— GUILTY. Aged 30. Recommended to mercy by the Jury .
Confined Fourteen Days.
2164. THOMAS SANDERS was indicted for stealing, on the 28th of June, 9 1/2 lbs. weight of nails, value 4s.; the goods of George Cottram and another, his master:—also, on the 21st of June, 1 spokeshave, value 1l., the goods of William Trammellin; 1 hammer, value 1s., the goods of Henry Arnold; 2 pewter pots, value 1s. 6d., the goods of Joseph Powell; and 461bs. Weight of nails, value 14s., the goods of George Cottram and another, his masters; to which he pleaded
GUILTY . Aged 54.— Confined Three Months on each indictment.
JOHN DIPLOCK . I am a tea-dealer in Crosby-row, Walworth. The prisoner was in my service for about two months—she went out in the morning of the 27th of June—while she was out, I went and looked at her box—it was not locked—I found about 3/4 lb. of tea—when she came in, I told her I wanted to look into her box—she asked what for?—I said I thought she had tea of mine there—she said, I was welcome to look—I then told her I had looked—she then said I had not allowed her sufficient tea and sugar since she lived with me, and she took it—she afterwards
came into the parlour and begged me to forgive her, and said she would not do it again—she must have taken it from the shop.
NOT GUILTY .
2166. OLIVE DAVIS was indicted for stealing, on the 27th of June, 2 buttons, value 1s.; 1 handkerchief, value 1s. 6d.; 1/2 a yard of silk, value 1s. 6d.; 1 pillow-case, value 2s.; 1 cuff, value 6d.; 1 yard of lace, value 1l.; and I collar, value 1s.; the goods of Mary Jane Chappell: 7 pairs of stockings, value 7s.; 1 handkerchief, value 1s. 6d.; 1 pair of cuffs, value 1s.; and 1 yard of lace, value 1s.; the goods of Elizabeth Mary Sanders: and 1 1/4 lb. weight of sugar, value 1s.; 1 pair of stockings, value 6s.; 1 yard of printed cotton, value 6d.; 1 pair of shoes, value 2s.; 1 handkerchief, value 1s.; 1/2 a yard of silk, value 1s. 6d.; and four yards of lace, value 2s.; the goods of Mary Ann Marchant, her mistress.
WILLIAM JESSE (police-constable P 138.) On the morning of the 28th of June I searched the prisoner's box—I saw her take out of it the shawl she now has on, and lock the box—I found several articles in it—I found tone cap borders in a drawer in the kitchen, some tea and sugar in paper, and this pillow-case in a band-box.
MART JANE CHAPPELL . I am single, and live with Mrs. Marchant. I was present when the prisoner's boxes were searched—this pillow-case, cuffs, and pieces of muslin, are mine—this pillow-case had been in the linen chest, in the kitchen, on the 24th of June—there was a mark on it, bat it has been erased—the other things were taken from my drawers—this other property is Mrs. Merchant's—she is ill, and not able to attend—I had the care of the store-room—there was some sugar in a jar there.
ELIZABETH MART SAUNDERS . I live with Mrs. Marchant. These stockings, cuffs, handkerchief, and gloves, are mine—they were in my drawers before they were found in the prisoner's box—the drawers were not locked.
Prisoner. My late mistress gave me the tea; I did take a bit of sugar; the lady gave me two pairs of stockings, but not all. Witness. I did not give her any of the stockings.
GUILTY . Aged 44.— Confined Three Months.
WILLIAM COOPER . I am a builder, and live at Tulse-hill, Brixton. The prisoner was in my employ about nine days, as a plumber—he was employed on some buildings at Brixtorin-hill—a little past five o'clock, on Monday, the 27th of June, I met him a very short distance from the building, with a carpet bag on his shoulder, which appeared to be very heavy—I passed him, and looked round at him—I went to the building a back way—I sent a labourer to tell the prisoner to come to me directly—he did not come—I followed, and overtook him—I said, “Plumber, how is it you
are taking your tools away, are you not coming to-morrow?"—he said "Yes"—I said, "Your bag appears to be very heavy, what have you got? let me see"—he looked very hard at my face, and said he would be d—if he would—he threw it on the foot-path, and ran away—two gentlemen took him—I collared him, and gave him in charge—he was very desperate—the bag was brought after me to the station—a quantity of lead was found in it—it was mine, and was part that had been used for the buildings—I found part of a ferule, which is also mine—I matched the lead with that on the building—I am positive one piece was cut from the building.
Prisoner. Q. Did you see me go into any house? A. Certainly not—I took you about a hundred yards from the building.
THOMAS CREME . I am a labourer, and live in Pleasant-retreat, Brixton-hill. On the 27th of June the prosecutor desired me to follow the prisoner—I did so—I saw the prosecutor take him—he threw down the bag, and ran away—I picked it up, and carried it to the station.
Prisoner. You were tipsy the whole day. Witness. I was not THOMAS NELSON. I am a labourer, and live at Brixton-hill. I was working at these buildings—I assisted in cutting up the lead for the work—this bit of lead I carried up on the buildings on the Saturday, and it matches with one piece found in the bag.
Prisoner. Q. What time was this piece carried up? A. As near half-past five o'clock as could be.
WILLIAM VIOLET (police-constable P 45.) I received charge of the prisoner, and a carpet bag at the station—the prosecutor opened it, and found a quantity of sheet lead—this ferule was found on the prisoner's person—when the prosecutor was taking out the lead, he came to a piece of pipe—the prisoner said, "That is not yours, it is mine."
Prisoner's Defence. After being three-quarters of a mile off, and he having lost sight of me, the articles cannot be sworn to; the way they tried to match it was by hammering it out.
GUILTY . Aged 32.— Confined Six Months.
Before Mr. Common Sergeant.
2168. JOHN JAMES OLIPHANT was indicted for stealing, on the 31st of May, 4 shillings, 5 sixpences, 1 fourpenny-piece, 3 pence, and 2 halfpence, the monies of Charles James Dixon; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 17.— Transported for Seven Years.
2169. GEORGE CLARKE was indicted for burglariously breaking and entering the dwelling-house of Thomas Jackson, about nine o'clock in the night of the 2nd of July, at St. George-the-Martyr, Southwark, with intent to steal.
THOMAS JACKSON . I live in Pitt-street, Old Kent-road. I was in my back parlour about half-past nine o'clock in the evening, on the 2nd of July—I went into the passage, and found the prisoner—he had no business there—I asked what he wanted—he said he wanted a man who was a turner—I said he never lived there—he then became saucy—I sent for an officer, and had him taken—there is a latch to my door, and a private spring.
oat for my beer that night at half-past nine o'clock—I am sore I shut the door, and the window was shut—when I came back the door was open, and the prisoner there.
Prisoner. Q. Is there not another house in the yard? A. Yes, there is, and persons go through that passage to go to it.
NOT GUILTY .
Before Mr. Baron Gurney.
2170. ISAAC BEAMISH was indicted for that he, on the 21st of June, unlawfully, maliciously, and feloniously, did assault Harriet Wilson, and stab, cut, and wound her, in and upon the left arm and the lower part of the belly, with intent to do her some grievous bodily harm.
HARRIET WILSON . I am an unfortunate woman. I became acquainted with the prisoner, and he lived with me about three weeks at my lodging, in Pearl row, Blackfriars—I did not particularly desire to part, but we did part on Sunday fortnight, and next day, Monday evening, I went to the Sarrey theatre with a female acquaintance—after the theatre was over we went to the Oxford Arms, in the Westminster-road, to take some refreshment, and the prisoner came in—he did not speak to me—about a quarter past twelve o'clock, as I was leaving the house, some one took me round the neck, but I did not see who it was—I then found I was stabbed, and my arm bleeding—I was wounded through my clothes, at the bottom of my belly, but very slightly—I did not speak to the person, and did not push him from me—I thought it was in a joke—I was very tipsy at the time.
Cross-examined by MR. BALLANTINE. Q. While the prisoner associated with you, did he not treat you with great kindness? A. Yes, be became very fond of me as far as I could tell—when I saw him at the public-house he was very much intoxicated—the wound on my belly was slight—I did not see the person who took hold of me—I thought it was in fondness—the prisoner is an engineer, and had just come from India—I am quite recovered—I only had two ginger-beer bottles of lotion—I irritated the prisoner's feelings by talking to a man whom I had known formerly.
HENRY WILLIAMS . I live in Pearl-row, a few doors from the prosecutrix—the prisoner lived in the same house as I did—he brought his boxes to my house on the day he left the prosecutrix—he told me he never could be happy with any other female but her—on the day that this occurred I was with him the whole day—he wanted to get a board to get hit living by selling things—we got the board, and made it, and in the evening the prosecutrix went out with another female at six o'clock—they promised to meet me and the prisoner at eight o'clock—we went, and could not find them—we went again at nine, and could not find them—I was with him at the Oxford Arms, and the prosecutrix came in—the prisoner did not speak to her there—he came out with me, and she came out after—they spoke together a few words, and she said, "I am stabbed"—there were several persons close to her—I crossed over, and assisted her to the surgeon—I do not know what became of the prisoner—I did not look after him—I had seen him with a knife in his hand shortly before while we were talking, he was picking his nails—a person asked him for some tobacco, and he cut off a piece.
on the lower part of the abdomen—they were about the width of the blade of a penknife—the wound in the abdomen was slighter than the one on the arm; it was rather deep, and was attended by inflammation—a wound in the abdomen is always dangerous.
Cross-examined. Q. I apprehend when persons are in the habit of being intoxicated, any scratch almost will inflame them? Q. Yes, no doubt of it.
JAMES BANYARD (police-constable M 263.) In the course of that night I was called to Pearl-row—I saw the prisoner there—I told him he most consider himself my prisoner—he said, "What for?"—I said, "For stabbing a female"—he said yes, he knew he had done it, and he intended to do it, that he did it with a penknife, which he had thrown away—be said he hoped he should be hung for it—he was very much intoxicated—I had great trouble to get him to the station.
GUILTY of an Assault only. Aged 23.— Confined Four Months.
2171. ANN BROWN was indicted for stealing, on the 21st of June, 3 shillings, and 1 sixpence, the monies of Henry Eilis, from his person; and MICHAEL M'KEW , for that he, well knowing the aforesaid felony to have been committed, feloniously did receive, harbour, and maintain the said Ann Brown; and that he had been before convicted of felony.
HENRY EILES . I am a bricklayer, and live in Union-street, Borough. On Tuesday night, the 21st of June, I was proceeding home from Tooley-street, between twelve and one o'clock—Brown and two other females stopped me, and in about a minute Brown put her hand into my pocket, and took out 3s. 6d.—I seized hold of her hand, and in a minute or two afterwards M'Kew and another young man came up—they entered into conversation with the females, and made me let go of Brown—they began shuffling about, and got me into the road, and M'Kew said, "Take no notice of it, I will make all right"—I said, "You had better keep your distance from me; I don't want any conversation with you, or else you will no doubt share the fate of the person who has robbed me"—I could see no policeman—M'Kew went back to the women again, and told them to go with him, and they proceeded on down under the arches—I was following, and M'Kew saw me following, he struck me, and threw me down, and ran his fist in my face—he dared me to make resistance till the others got away—he then laughed at me—I said I would follow him if the rest had got away—he was making his way to go to St. Thomas-street, and I was calling out, "Stop thief"—Mr. Grinsell's private watchman stopped him, and gave him in charge—I went to the station with him, then came back, and searched about Tooley-street to see if I could find any of the others—I could not, and about three o'clock the policeman persuaded me to go home—as I was going, I saw Brown and two other women with her—I went to look at her—she saw I took notice of her, and turned round—the other women said, "Is that him?"—Brown said, "Yes," and she proceeded down some back streets to getaway, but I saw a policeman, and gave her in charge.
—I took hold of him—I had known him before—the prosecutor came up, and said he had been knocked down and robbed of 3s. 6d.
Brown's Defence. I was going home, and the prosecutor ran up against me; I asked what he meant, and he struck me; M'Kew came up, and I walked away; after that, the prosecutor came, and accused me of taking his money; I had not been in his company before.
M'Kews Defence. I was passing, and saw him strike the young woman; I said, "What do you strike her for?" and he made a blow at me; I just touched him on the shoulder, that was all I did to him.
BROWN— GUILTY . Aged 22.
M'KEW— GUILTY . Aged 24. Transported for Fifteen Years.
Before Edward Bullock, Esq.
GUILTY of a Common Assault. Aged 63.— Confined Three Months.
2173. JAMES BROWN, JOHN MASON , and THOMAS COLE were indicted for burglariously breaking and entering the dwelling-house of John Naylor and another, about the hour of one in the night, on the 13th of June, at Christ-church, with intent to steal, and stealing therein 1000 yards of silk, value 130l.; 300 handkerchiefs, value 25l.; 150 collars, value 6l.; 800 yards of ribbon, value 10l.; 12 scarfs, value 3l.; 6 shawls, value 2l. 8s.; and 30 yards of a certain cloth called mouselin-de-laine, value 2l. 8s.; the goods, of the said John Naylor and mother.
MR. PRENDERGAST conducted the Prosecution.
JOHN NAYLOR . I am partner with Mr. Matthew Flint—we carry on business as mercers, at No. 63, Blackfriars-road, in the parish of Christ-church—it is our dwelling-house—we have no back-entrance, but our premises reach to the back of the premises which face Collingwood-street—Mr. Davies's premises are in Collingwood-street, and our premises abut on Mr. Davies's—on the night of the 13th of June I left my premises all secure by locking the door and taking the key to my bed-room—next morning, about half-past six, I received some information from my maid-servant—I went down stairs very quickly—there is a door which leads from the house-part of my premises to the shop—I had seen that door secure before I went to bed, fastened by a lock, and in the morning I found that door was broken open—the box of the lock appeared to have been forced—very many things in the shop were in confusion, and I missed silks, ribbons, handkerchiefs, and dresses, and a number of other things—the value of all the property missing was from 180l. to 200l.—there is a door by which we can go from the back part of our house into the yard—I found that door open—it had been opened from the inside—there is a window looking into the back yard—that had been up at night, and was down in the morning—there is no fastening to it—I know it was pushed full up the night before, when I locked the back door—on going into the yard I found a rope ladder, which was attached at top to my neighbour's rafters, and at the bottom attached to my dust-bin by some gimlets, and at the foot of that ladder there was a quantity of papers,
which had covered my silks and goods the night before—there were two pieces of wood to the ladder to keep the ropes apart—a person could go by that to Mr. Davies's, across a roof, and get into his yard, and then through a door into Collingwood-street, without going through any house.
CHARLES BURGESS GOFF (police-constable L 31.) On Tuesday morning, the 14th of June, I went to the prosecutor's premises, and saw the rope-ladder in the yard—this is it—I should think it is fourteen or fifteen feet long—it was placed up against Mr. Davies's premises, which adjoin Mr. Naylor's yard, and from Mr. Davies's yard you could get to Collingwood-street—I received information, and went into the New Cut—I saw Brown and Mason, and another person in a cab, and Cole was driving it—I assisted another officer to take them to the Tower-street station—the other man has since been discharged—on the following morning, (Wednesday,) in consequence of information, I went with Cuddy to No. 19, Wellington-place—Cuddy there took possession of a number of pieces of wood which were in a cupboard down stairs, and some clothes from a drawer—a woman who called herself Mrs. Brown, was there—I did not know her personally—I afterwards saw her at the examination as Mrs. Brown—Brown knew her—she came to the office while he was in costody—three of the witnesses were asked if they knew her—I do not know that she spoke to Brown—Brown claimed the clothes that were found in the drawer, as his, at one of the examinations.
Q. When you were at the house, did you go up and search the upstairs room? A. I did—I found a cupboard there which had two shelves deficient, and in a crevice, which it appeared as if one of the shelves had been pulled from, I found a small crow-bar and a centre-bit—I found some pieces of rope on the floor in the room—I went afterwards to the prosecutor's premises, and found a mark on a drawer which had been broken open, in the shop, and the mark on the drawer exactly fitted the crow-bar found in Wellington-place—the old rope which the bottom part of the rope ladder was made of, exactly corresponds with part of the rope which I found at Wellington-place, and I found one piece in the room, which is about the same length as the steps of the ladder, and is of the same sort of rope—I saw Cuddy take some pieces of wood from the bottom of the house, and I compared them with the pieces which were found in the prosecutor's yard, which had been used as stretchers for the ladder—these are them—here are thirteen pieces taken from the house, and the two used as stretchers for the ladder—they just fit, and when put together they make a board about the length of the shelves of the cupboard, but not quite so wide—there appears to be something gone from the outside.
Cross-examined by MR. PHILLIPS. Q. What was the day you say the two men were in the cab Cole was driving? A. On Tuesday morning, the 14th of June—Brown and Mason were taken into custody—it was a dark-bodied cab—Cole drove to the station—he was allowed to go at liberty on a promise to come up on the ensuing Friday—he came as he had promised, and was bailed by the Magistrate—I saw nothing in his conduct from first to last at all inconsistent with the conduct of an innocent man.
Cross-examined by MR. CLARKSON. Q. Were you ever at this house in Wellington-place before? A. I was not—I have no further means of
knowing that Brown ever lived there, than that the woman called herself Mrs. Brown.
MR. PRENDERGAST. Q. Did you not see tome clothes there which were claimed by Brown? A. Yes.
JAMES CUDDY (police-constable L 20.) I know the prisoner Brown—I knew him in the early part of June, he was then living at No. 17, Ann's-place, Tower-street—I went to Wellington-place, and saw a woman calling herself Mrs. Brown—I had never seen any woman but her with Brown in Ann's-place, except for a short time—she was living with Brown as his wife—she and Brown then went by the name of Goodman—I saw Brown then several times—I only knew him by the name which the collector of rents told me he went by—on the 6th of June, I saw a cart and some goods at the house in Ann's-place, as if somebody was removing—Lot Fletcher was acting as carman, and there was an old man putting the things into the cart—I had not seen that old man before—he was at the examination of Brown—I did not see anything pass between this man and Brown at the examination—the man answered to the name of Brown—I saw Brown on the day the goods were being removed from Ann's-place, be was inside the house, getting the goods out—I afterwards saw some goods at the house, No. 19, Wellington-place—I believe them to be the same goods which had been in the house at Ann's-place, and the same woman whom I had seen in Ann's-place, I saw in Wellington-place—I went with Goff to the house in Wellington-place, on the 15th of June—I took from there thirteen pieces of wood, and they were compared with the pieces that were with the ladder—I found some pieces of rope at the house in Wellington-place, but I do not think they were the same as the ladder, but some that Goff found were—I found some clothes there and under the collar of a coat there, I found the name of Brown written on a bit of paper—Brown afterwards claimed those clothes.
JAMES BROOK (police-constable L 118.) On the morning of the 14th of June, about half-past nine o'clock, I saw Brown, Mason, and another person, in a cab in Blackfriart-road, and Cole was driving it—the three persons inside were taken into custody, and Cole drove to the station—Cole told me be took the prisoners up at the coach stand at Fleetditch, and drove them to the City-road-bridge, that they got out, went op a street, and were away about ten minutes, that they then got in, and desired him to drive to the Elephant and Castle—be was driving towards there when I saw him.
MR. NAYLOR re-examined, I have brought one of the drawers from my shop, and the crow-bar produced by the officer exactly fits the mark on the drawer—it had been locked on the over night, and has been broken open, apparently with this bar.
ELIZA WILLETTS . I live in Isabel-street—my premises are opposite Mr. Davies's, in Collingwood-street—my front window looks on Davies's premises. On the night of the 13th of June I slept with my window up—about five minutes to three o'clock, on the morning of Tuesday, the 14th of June, I was awoke by a noise—I looked out of window, and saw a cab standing at Mr. Davies's door—I saw Cole, who was the cab-man, putting in a parcel—it seemed to me that the cab was so full there was not sufficient room for the parcel, and it required a good deal of force to get it in—I saw Mason seating himself on the cab-box—I have not the least doubt about him—the cab-man then got up, and drove off with great speed—I
looked at the cab for about two minutes—it was very quickly done—I then saw three men walk out at Mr. Davies's door, which leads to a yard which is connected with Mr. Naylor's back premises—two of them walked on first, and the third man, which was Brown, stopped to shut the gate after him—when he had shut it he brushed the side of his trowsers, and looked up at me—I believe he saw me—he went on after the others—when be got some distance up Collingwood-street, towards Great Charlotte-street, he turned round, and looked again—I then had an opportunity of string his face—I have no doubt about his being the man—I have no doubt about Mason or Cole.
Cross-examined by MR. PHILLIPS. Q. Had you ever seen Cole before that? A. No—the cab was a yellow-coloured body.
Cross-examined by MR. CLARKSON. Q. Had you ever seen the person you say was Brown before? A. No.
Cross-examined by MR. PAYNE. Q. Did you ever see Mason before? A. No—I was examined on the following Friday—I mentioned about baring seen these persons—when I first got up a policeman came to me, and I told him—when I went before the Magistrate, the prosecutor did not tell me the persons I came to see would be at the bar directly—I will swear that—I picked them out from a number of persons—there were five persons, and I pointed out Mason and Brown—Cole was not in the dock.
FANNY DUFFELL . I live in Wellington-place. On Tuesday morning, the 14th of June, I was sitting up with a sick husband—I went to the window just on three o'clock—I heard a noise of a cab—I saw the cab torn round from Wellington-street, which leads from Blackfriars-road into Wellington-place—two men were on the box—the man that drove had a drab coat on—I did not observe their faces—as far as the general appearance goes, the man that drove was much the stature of Cole—they went right against the door-way of No. 19—I heard goods being unloaded from the cab—when they were unloaded, the cab-man and man got on the cab, the drove away with great speed—it appeared as if somebody opened the doer for them when they knocked—I saw a woman at the police-court, called Mrs. Brown—I know she lives at No. 19, Wellington-place—a man named Hunt lives at No. 20, Wellington-place—he has a large family, and has lived there for a very long time—I have lived there since the first week in November, and he was there before I came—the persons living at No. 19 have moved there within a very short time—about a fortnight before this occurred.
MARY ANN LAWRENCE . I live at No. 31, Wellington-place. On Tuesday afternoon, the 14th of January, between three and four o'clock, I saw a covered cart, with a door behind, come to the door of No. 19, Welington-place—four bundles were put into it—there were two men with the cart—I do not know who they were—a woman that stood inside No. 19 handed the bundles to the man in the cart—the person that lived at No. 19 went by the name of Brown—I afterwards saw Mrs. Brown at the police-office—she was the person that lived at No. 19.
Cross-examined by MR. CLARKSON. Q. Do you mean you recognized the woman that came to the police-office as the woman who carried out the bundles? A. No.
CHRISTOPHER BROWN . I live in Tower-street, Waterloo-road. I saw a woman named Brown at the police-court—I let a house to her at No. 17, Ann's-place—I afterwards received notice to leave from a woman named Goodman—I had some conversation with Brown about nine o'clock
on the 5th of June—he told me he was going to leave, as he was so annoyed with black-beetles.
LOT FLETCHER . I removed some goods from No, 17, Ann's-place, to No. 19 or 20, Wellington-place—an elderly man employed me—the woman who was at the police-court, by the name of Brown, paid me for moving them.
MR. PHILLIPS called the following witness on behalf of Cole:—
JOHN RUDEN STEVENS . I live in Spencer-terrace, Islington. On the 13th of June I engaged Cole to call at my house at a quarter before six o'clock on the morning of the 14th—I went to him at the stand at Islington-green—he had a dark brown cab there—I got up early on the morning of the 14th, and at a quarter to five I saw Cole's brother driving the cab towards his own stables—he passed my house to go there.
MR. PRENDERGAST. Q. What time did he come to you? A. At a quarter before six, and he drove me to the Spread Eagle, Gracechurch-street—his brother drove me, not the prisoner—I saw the prisoner when I hired his cab in the evening, and saw him at my door when I started in the morning—No, it was the prisoner drove me—I saw the prisoner for the first time when he took me from, my house, and his brother was the man I made the arrangements with about going, but this was the man that took me—they both came to me with the cab that morning—when I saw the cab coming home, as I supposed to change horses, I was surprised not to tee the man whom I had seen with it before—I first saw the prisoner's brother about six in the evening, on the stand, but not the prisoner—I made the agreement with the brother—they came that morning as if they were coming from town to his place—that was about an hoar before it came to me, which was a quarter before six—I was dressing—I tried to speak to the cab men, but could not make them hear—it was a dark brown cab—I am quite sure of that—I might have seen a yellow cab the night before—I took so little notice, I could not tell—I never knew anything of the prisoner before—he lived three or four minutes' walk from me—they told me where they lived—I was not at the police-office.
MR. PHILLIPS. Q. What are you? A. An underwriter and merchant at Lloyd's—I have no interest respecting Cole, beyond believing him a respectable honest man.
RICHARD WHITE . I am a plasterer, living in James-street, Lower-road, Islington, next door to Cole; I have known him four or five years. On Monday night, the 13th of June, about eleven o'clock, I was with him at the Northampton Arms, about fifty yards from the house he lives in—I parted with him at his own door—he went in, and I bade him good night—I was up about a quarter past four the next morning—I knocked at his shutter—I generally call him if I am up first—I saw him come out about a quarter of an hour afterwards—he drives a dark-coloured cab.
MR. PRENDERGAST. Q. Where does he live? A. No. 10, James-street—I saw him come out at five minutes to six, to go to his stable, as if he had just come from bed—I had previously called him, and a person up stairs answered me—I saw him go to the stable—he did not come riding home in a cab—I was at the police-court, but was not heard.
SARAH JAMES . I am the wife of Richard James, and have the first floor in Cole's house, with my husband; I have a sister. On the 13th of June she was at my house from nine till half-past eleven o'clock at night—I went out for some beer at eleven, and saw Cole going into his own
room—I and my husband went part of the way towards Chelsea with my sister after supper—I returned home about two in the morning—I had forgotten the key of the street door—I knocked at the shutter of Cole's apartment—no one answered—I knocked twice at the door—Cole then came to the door, and opened it—I said, "It is only me"—he went to hit own room, and shut the door—I said I would fasten the street door, and I did so after me and my husband—I had tea at home that night—I did not go to bed at all—I had occasion to go for some water in the yard, about three o'clock—I heard one of the children crying, and heard Cole say, "Ann, don't you hear the baby?"—my husband called out to know what noise it was—I told him—Cole asked me what time it was, and I told him—the prisoner is sometimes very deaf—I saw my husband go out to go to Hammersmith—the bottom bolt of the door was bolted as I had left it—Cole has no cab of a yellow colour—I have lived in his house four months.
MR. PRENDERGAST. Q. You do not live in the stable? A. No—I do not know where he keeps his cab—it frequently comes to the house—there is only one cab—Cole drives it by day, and his brother at night—my husband generally goes out at four o'clock, and calls Cole about four—I have seen Cole come home at half-past eight at night, and sometimes as early as five—I was asked to go to the office, but I could not.
RICHARD JAMES . I went to see my wife's sister home on the night of the 13th—we went as far as Temple-bar—we returned at two o'clock—we knocked at the shutter, and Cole let us in—be asked if my wife would bolt the door—she said yes—he went into his room—my wife bolted the street-door—she did not go to bed—she sat up doing a little washing—I heard her talking about three o'clock—I asked who she was talking to—she said to Mr. Cole—I got up about four, and called Cole about twenty minutes to five—I heard White call him—I never saw Cole drive a yellow cab.
MR. PRENDERGAST. Q. Does his brother? A. I do not know his brother—I only know one to drive a cab—I never heard of the brother driving a cab—I was not at the police-office.
WILLIAM WOODFORD . I am waterman at the coach-stand opposite Great Portland-street. I know Cole's brother—I saw him on Tuesday morning, the 14th, about twenty minutes past one o'clock, at the rank in—he came up driving a dark-bodied chariot—I put the noseOxford-street bag on the horse, and he went inside to rest—he said he was tired out, and he went in to sleep, and told me to call him at four o'clock—I awoke him at a quarter before four, as I thought he might be too late—he went off about five minutes past four.
JOHN COLE . I am the prisoner's brother. I remember, on the morning of the 14th of June, going to the stand opposite Great Portland-street, a little after one o'clock—I had a chariot cab with me—I said to Woodford, "Put my bag on, I am very tired, I want to go to sleep; awake me about four"—I went to sleep, and remained till about four; I then got up, pulled my horse off, watered it, and went on towards home—my brother has no yellow cab—he does not go out at night with a cab, and has not for these two years, I am satisfied.
JOHN MANTEL . I am waterman at the rank at Bridge-street, Blackfriars; it is called the Fleet-ditch rank. On the morning of the 14th of June I saw the prisoner Cole at that stand, about half-past eight o'clock
in the morning—I put three young men into his cab—they were going over the canel bridge, City-road—it was a brown cab.
BROWN— GUILTY . Aged 28.— Transported for Life. MASON and COLE— NOT GUILTY .
ADJOURNED TO MONDAY, AUGUST 22 ND, 1842.